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34843
ROANOKE CITY CO UNCIL
REGULAR SESSION
June 5, 2000
12:15p. m.
CITY COUNCIL CHAMBER
AGENDA FOR THE COUNCIL
1. Call to Order--Roll Call. (Vice-Mayor Harris was absent).
Joint meeting of Roanoke City Council and the Roanoke County Board of
Supervisors.
The meeting was declared in recess at 12:20 p.m., to be reconvened in the
Emergency Operations Center Conference Room, Room 159.
ROANOKE CITY CO UNCIL
ROANOKE COUNTY BOARD OF SUPERVISORS
JOINT MEE TING
JUNE 5, 2000
12:20p. m.
EMERGENCY SER VICES CENTER
CONFERENCE ROOM, ROOM 159
AGENDA
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WELCOME: David A. Bowers, Mayor
City of Roanoke
INVOCATION AND LUNCH
ROLL CALL: (Vice-Mayor Harris was absent).
OPENING REMARKS:
1. Mayor David A. Bowers
2. Chairman Joseph P. McNamara
REQUESTS TO ADD TO OR CHANGE THE ORDER OF AGENDA
ITEMS:
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DISCUSSION ITEMS:
1. Household Hazardous Waste Clean Up Day. James D. Ritchie, Deputy
City Manager.
2. Water Supply Update. Kit B. Kiser, Assistant City Manager for
Operations.
3. Roanoke Valley Detention Center Update. John M. Chambliss, Assistant
County Administrator.
4. Regional Fire/EMS Training Facility. James Grigsby, Chief, Roanoke
City Department of Fire/EMS; and Richard E. Burch, Chief, Roanoke
County Department of Fire and Rescue.
5. Roanoke Valley Society for the Prevention of Cruelty to Animals
(S.P.C.A.) Update. John M. Chambliss, Assistant County Administrator.
COMMENTS:
1. Roanoke City Council.
2. Roanoke County Board of Supervisors.
The meeting of the Roanoke City Council was declared in recess at 1:45
p.m., to be reconvened at 2:00 p.m., in the City Council Chamber.
The meeting of the Roanoke County Board of Supervisors was adjourned
at 1:45 p.m..
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ROANOKE CITY CO UNCIL
REGULAR SESSION
June 5, 2000
2:00p. m.
CITY COUNCIL CHAMBER
AGENDA FOR THE COUNCIL
1. Call to Order -- Roll Call. (Vice-Mayor Harris was absent).
The Invocation was delivered by The Reverend Robert Watts, Pastor,
Greene Memorial United Methodist Church.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor David A. Bowers.
Welcome. Mayor Bowers.
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NOTICE:
Meetings of Roanoke City Council are televised live on RVTV Channel 3.
Today's meeting will be replayed on Channel 3 on Thursday, June 8, 2000, at
7:00 p.m., and Saturday, June 10, 2000, at 4:00 p.m.
ANNOUNCEMENTS:
THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE
THE CITY COUNCIL AGENDA AND RELATED
COMMUNICATIONS, REPORTS, ORDINANCES AND
RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE
COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR
REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED
IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA
MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456,
MUNICIPAL BUILDING, OR CALL 853-2541.
THE CITY CLERK'S OFFICE NOW PROVIDES THE ENTIRE CITY
COUNCIL AGENDA PACKAGE ON THE INTERNET FOR VIEWING
AND RESEARCH PURPOSES. TO ACCESS THE AGENDA
MATERIAL, GO TO THE CITY'S HOMEPAGE AT
WWW.CI.ROANOKE.VA.US, CLICK ON THE ROANOKE CITY
COUNCIL ICON, CLICK ON MEETINGS AND AGENDAS, AND
DOWNLOAD THE ADOBE ACROBAT SOFTWARE TO ACCESS THE
AGENDA.
PRESENTATIONS:
The Mayor presented a proclamation and a Key to the City to Corinne B.
Gott, Superintendent, Department of Social Services, in recognition of over
49 years of service.
File #3-72-80
Proclamation declaring the month of June 2000 as Prostate Cancer Awareness
Month.
File #3
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CONSENT AGENDA
(Approved 6-0)
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE
CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY
COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE
WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF
DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM
THE CONSENT AGENDA AND CONSIDERED SEPARATELY.
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Minutes of the regular meetings of City Council held on Monday,
February 7, 2000, and Tuesday, February 22, 2000; and the joint meeting of
City Council and the Roanoke County Board of Supervisors held on Tuesday,
February 8, 2000.
RECOMMENDED ACTION: Dispense with the reading thereof and approve
File #132 as written.
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A communication from Mayor David A. Bowers requesting a Closed
Meeting to discuss vacancies on various authorities, boards, commissions and
committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of
Virginia (1950), as amended.
RECOMMENDED ACTION: Concur in request to convene in Closed
File #132 Meeting.
A report of the City Manager requesting a Closed Meeting for the
purpose of discussing disposition of publicly held property, pursuant to Section
2.1-344 (A)(3), Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concur in request to convene in Closed
File #2-104 Meeting.
A communication from Gloria P. Manns tendering her resignation as a
member of the Roanoke Public Library Board.
RECOMMENDED ACTION: Receive and file the communication and accept
File #323 the resignation.
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Qualification of the following persons:
Wendell H. Butler as a Member of Roanoke City Council for a
term commencing on May 15, 2000, and expiring on June 30,
2000; and
File//15-132
Robert K. Bengtson as a City Representative to the Roanoke
Valley Resource Authority Board of Directors to fill the unexpired
term of Kit B. Kiser, resigned, ending December 31, 2000.
File #15-110-253
RECOMMENDED ACTION: Receive and file.
REGULAR AGENDA
3. HEARING OF CITIZENS UPON PUBLIC MATTERS:
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A report and recommendation of the Noel C. Taylor Tribute Committee.
A. L. Holland, Chairperson.
Concurred in a recommendation to name the Roanoke City
Municipal Building the "Noel C. Taylor Municipal Building" and
that Ms. Ann Bell, a local artist, be commissioned to paint a portrait
of Dr. Taylor to be displayed in the Lobby of the Municipal
Building.
File #80-132-367
Presentation of an overview on "Interventions to Address Truancy."
Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools.
(20 minutes)
Received and filed.
File #467
4. PETITIONS AND COMMUNICATIONS: None.
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5. REPORTS OF OFFICERS:
a. CITY MANAGER:
BRIEFINGS:
1. A report with regard to the Neighborhood USA
Conference.
File #488
(NUSA)
At 3:05 p.m., Council convened in Closed Session.
The meeting reconvened at 3:40 p.m., in the Council Chamber.
CERTIFICATION OF CLOSED SESSION: (5-0) (Vice-Mayor
Harris was absent and Council Member White was out of the
Council Chamber).
The Mayor announced that at 4:30 p.m., today, in the Emergency
Operations Center Conference Room, a News Conference will be
held to announce the coming together of two major initiatives-the
IMAX Theatre and the Roanoke Art Museum. He explained that
City Council has formed a consensus, along with others in the
community, to request community support for the combining of the
IMAX Theatre and the Roanoke Art Museum into one project in
downtown Roanoke on the site behind Billy's Ritz Restaurant where
the viaduct once stood; the project is estimated to cost $30 million
and the City will provide an investment of $4 million plus the land.
A motion was adopted to provide the site behind Billy's Ritz
Restaurant, which was formerly the viaduct location, to the Western
Virginia Foundation for the Arts and Sciences for an IMAX Theatre
and Roanoke Art Museum facility, with the City of Roanoke to
provide $4 million plus the land over the next several years, subject
to further negotiation, public hearing and adoption of the
appropriate measures by City Council.
File #427-538-450
ITEMS RECOMMENDED FOR ACTION:
A report recommending an amendment to the City Code to
provide for changes in the Police Department's wrecker
services/towing contract with private companies, and creation of
a towing advisory board.
Adopted Ordinance No. 34843-060500. (6-0)
File//5-24-530
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A report recommending execution of an agreement with the
Roanoke Valley Convention and Visitors Bureau (RVCVB) for
the purpose of increasing tourism in the Roanoke Valley.
It was the consensus of Council to table the report pending
response to the following issues by the City Manager:
What percentage of the total RVCVB budget is funded
by the City of Roanoke;
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Previous questions by Members of Council in regard to
personnel practices of the RVCVB;
A previous request by a Member of Council that the
City Manager recommend the most efficient and
effective way to deliver services through the RVCVB;
and
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A non-discrimination clause in those cases where
subcontracts do not exceed $10,000.00 (the City
Attorney advised that the Attorney General of the
Commonwealth of Virginia has rendered an opinion
that localities may not vary the language which is based
on State Statute).
A representative of the RVCVB should be in attendance when
the City Manager re-submits her report to Council.
File #293
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A report recommending execution of Amendment No. 3 to the
City's contract with Mattern & Craig, Inc., for additional
engineering services for traffic signal design at two intersections,
Airport Road at Municipal Road and Airport Road at Towne
Square Boulevard.
Adopted Resolution No. 34844-060500. (6-0)
File #20-46-183
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A report recommending appropriation of grant funds received
from the Commonwealth of Virginia, Department of Emergency
Services, for Project Impact.
Adopted Ordinance No. 34845-060500. (6-0)
File #60-188
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A report recommending transfer of funds to the Capital Projects
Fund for projects related to transportation and infrastructure.
Adopted Ordinance No. 34846-060500. (6-0)
File #20-57-60-217
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A report recommending an amendment to the City Code to
provide for a change in the rate schedule for taxicab fares.
Adopted Ordinance No. 34847-060500. (6-0)
File #24-47
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A report recommending transfer of funds for improvements to the
Main Library.
Adopted Ordinance No. 34848-060500. (6-0)
File #60-323
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A report recommending acceptance of a gift from the estate of Ms.
Lenore Wiser Wood to be used for continued beautification of
Elmwood Park, the Main City Library and other street
beautification projects as the City deems appropriate; and
appropriation of funds in connection therewith.
Adopted Ordinance No. 34849-060500 and Resolution No.
34850-060500. (6-0)
File #60-68-323
10.
A report recommending an amendment to the City Code to
prohibit persons fourteen years of age or younger from riding or
being carded on a bicycle on any highway, sidewalk, or public
bicycle path without wearing a protective helmet.
Adopted Ordinance No. 34851 on first reading. (6-0)
Certain Council Members suggested that prior to the end of
the school year, Roanoke City School students should be
provided with information advising that the bicycle helmet
law will take effect on October 1, 2000, and encouraging that
they not ride bicycles without a protective helmet; and a
method should be initiated to identify those helmets donated
by the City.
File #442
11.
A report recommending appropriation of funds to update Outlook
Roanoke, a 5-year plan for downtown Roanoke.
Adopted Ordinance No. 34852-060500. (6-0)
File #60-277-405
12.
A report recommending appropriation of grant funds received by
the Library of Virginia under the federal Library Services and
Technology Act, State Administered Program.
Adopted Ordinance No. 34853-060500 and Resolution No.
34854-060500. (6-0)
File #60-236-323
13.
A report with regard to execution of a Performance Agreement
with the Industrial Development Authority and Southern Lane
Group, LLC, relating to 220 South development.
Adopted Ordinance Nos. 34855-060500 and 34856-060500.
(6-0)
File #60-207-450
The Mayor declared the meeting in recess at 4:27 p.m., in
order for Council to attend a News Conference in the
Emergency Operations Center Conference Room at 4:30 p.m.,
regarding the proposed IMAX Theatre - Roanoke Art
Museum facility.
The meeting reconvened at 5:20 p.m.
b. CITY ATTORNEY:
A report transmitting an ordinance to reenact and recodify the City
Code in order to properly incorporate amendments made by the
General Assembly at the year 2000 Session.
Adopted Ordinance No. 34857-060500. (6-0)
File #24
c. DIRECTOR OF FINANCE:
1. A financial report for the month of April, 2000.
Received and filed.
File #10
A report with regard to transfer of appropriations for employee
fringe benefits.
Adopted Ordinance No. 34858-060500. (6-0)
File #60-184
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A report with regard to transfer of appropriations for Internal
Service Funds charges.
Adopted Ordinance No. 34859-060500. (6-0)
File #60-355
A report recommending an amendment to the City Code to
provide for meals taxation in conformance with recently amended
state legislation.
Adopted Ordinance No. 34860-060500. (6-0)
File #24-79
6. REPORTS OF COMMITTEES:
A report of the Bid Committee recommending award of a contract to
Eastern Waterproofing and Restoration Co., Inc., for renovations to the
Williamson Road Parking Garage. Council Member Carroll E. Swain,
Chairperson.
Adopted Ordinance Nos. 34861-060500 and 34862-060500. (6-0)
File #60-313
A report of the Bid Committee recommending award of a contract to
H. & S. Construction Company for construction of improvements for
Phase I of the Williamson Road Revitalization Project. Council Member
Carroll E. Swain, Chairperson.
Adopted Ordinance Nos. 34863-060500 and 34864-060500. (6-0)
File #60-342
A report of the Bid Committee recommending execution of a contract
with Rorrer Well Drilling, Inc., to drill and test wells at three potential
sites; and transfer of funds in connection therewith. Council Member
Carroll E. Swain, Chairperson.
Adopted Ordinance Nos. 34865-060500 and 34866-060500. (6-0)
File #60-468
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A report of the Roanoke Civic Center Commission recommending
termination of the City's contract with Fells Point Catering, Inc., d/b/a
Hightopps Catering (Fells Point); purchase by the City of Fells Point's
smallware inventory; and addition of one full-time staff person at the
Civic Center for food and beverage division activities. Mark E.
Feldmann, Chairperson; and Vice-Mayor C. Nelson Harris, Council
liaison representative.
Adopted Resolution No. 34867-060500. (6-0)
File #192
7. UNFINISHED BUSINESS: None.
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INTRODUCTION AND CONSIDERATION OF
ORDINANCES AND RESOLUTIONS:
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Ordinance No. 34824, on second reading, amending and reordaining
Section 22.1-3, Membership generally, of Chapter 22.1, Pensions and
Retirement, Code of the City of Roanoke (1979), as amended, by the
addition of a new subsection (c4), providing for a new window of
opportunity during which members of the Employees' Retirement
System may transfer to the Employees' Supplemental Retirement
System.
Adopted Ordinance No. 34824-060500 on second reading. (6-0)
File #24-429
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Ordinance No. 34825, on second reading, amending Chapter 22.1,
Pensions and Retirement, of the Code of the City of Roanoke (1979), as
amended, by amending Section 22.1-11, Restoration of beneficiaries to
membership, by the addition of a new subsection (e) to provide an option
to certain beneficiaries regarding pension benefits and additional
creditable service; and providing for an effective date.
Adopted Ordinance No. 34825-060500 on second reading. (6-0)
File #24-429
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Ordinance No. 34833, on second reading, rezoning a .034 acre tract of
land located at 4301-4305 Appleton Avenue, N. W., identified as Official
Tax No. 6380108, from RS-3, Residential Single-Family District, to C-2,
General Commercial District, subject to certain proffered conditions.
Adopted Ordinance No. 34833-060500 on second reading. (6-0)
File #51
Ordinance No. 34834, on second reading, rezoning a tract of land located
on the north side of Franklin Road, S. W., identified as Official Tax No.
1280602, from LM, Light Manufacturing District, to C-2, General
Commercial District, subject to certain proffered conditions.
Adopted Ordinance No. 34834-060500 on second reading. (6-0)
File #51
Ordinance No. 34836, on second reading, conveying by quitclaim deed,
portions of City owned property located adjacent to the tracks of Norfolk
Southern Railway Company between Second Street and South Jefferson
Street.
Adopted Ordinance No. 34836-060500 on second reading. (6-0)
File #2-166-392
Ordinance No. 34838, on second reading, amending and revising § 36.1-
590, Generally, §36.1-593, Nonconforming structures, and §36.1-594,
Nonconforming uses of structures, of the Code of the City of Roanoke
(1979), as amended, to permit the reconstruction, but not enlargement,
of a nonconforming structure in the event of any damage to the structure
from fire, flood or other natural disaster, and to permit the continuation
of the residential use of a structure in the event of any damage to the
structure from fire, flood or other natural disaster, under certain
circumstances.
Adopted Ordinance No. 34838-060500 on second reading. (6-0)
File #24-32-51
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Ordinance No. 34839, on second reading, amending and revising §36.1-
25, Definitions, § 36.1-126, Permitted uses, § 36.1-145, Permitted uses,
§ 36.1-511, General requirements for all day care centers, and § 36.1-512,
Day care homes, of the Code of the City of Roanoke (1979), as amended,
to broaden the application of the zoning ordinance to include day care
homes in which care is provided for up to and including six children, to
reduce the amount of required outdoor play area for day care centers in
all districts other than residential districts, and to require that certain day
care centers be at least 1,500 feet apart.
Adopted Ordinance No. 34839-060500 on second reading. (6-0)
File #24-51
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MOTIONS AND MISCELLANEOUS BUSINESS:
Inquiries and/or comments by the Mayor, Vice-Mayor and Members of
City Council.
Council Member Wyatt referred to recent correspondence
from the Roanoke City School System in regard to certain
computers presently in use in City school classrooms;
whereupon, she requested additional information in regard to
the number of PC Power Mac and IMAC computers
currently in use in each City school for comparison purposes.
e
Council Member Wyatt referred to a telephone call from a
parent in regard to a recent article about test scores from the
Governor's School, which test scores are forwarded directly
to the home school of the student, i.e.: if the student is from
Botetourt County, the test score is sent to the Botetourt
County School. However, she advised that under the City's
PLATO Program, test scores are attributed to the PLATO
School, rather than to the home school of the student, which
is beginning to have an impact on certain schools in their
accountability and accreditation under the requirements of
the Standards of Learning. She pointed out that the question
has arisen as to whether the test score can be attributed to the
home school of the student, otherwise an unfair advantage is
provided to those schools that are PLATO Schools.
The abovereferenced requests for information were referred to the
Roanoke City School Board for appropriate response.
File #467
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This being the last official Council meeting of the Honorable
David A. Bowers, Mayor, each Member of Council expressed
appreciation for Mayor Bowers' service to the City.
File #132
10.
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Vacancies on various authorities, boards, commissions and committees
appointed by Council.
OTHER HEARING OF CITIZENS UPON PUBLIC
MATTERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY
FOR CITIZENS TO BE HEARD. IT IS A TIME FOR
CITIZENS TO SPEAK AND A TIME FOR COUNCIL
TO LISTEN. MATTERS REQUIRING REFERRAL TO
THE CITY MANAGER WILL BE REFERRED,
WITHOUT OBJECTION, IMMEDIATELY, FOR ANY
NECESSARY AND APPROPRIATE RESPONSE,
RECOMMENDATION OR REPORT TO COUNCIL.
Ms. Helen E. Davis, 35 Patton Avenue, N. E., inquired if there are written
guidelines in regard to accepting or rejecting recommendations submitted
to Council by the City Planning Commission.
In the absence of written guidelines, the Mayor offered the assistance of the
City Manager and any Member of Council to meet with Ms. Davis to
discuss the process.
File #132-200
CERTIFICATION OF CLOSED SESSION: (6-0)
Patrick B. Shumate, Elvah D. Taylor and Thomas M. Winn, III, were
reappointed as members of the Youth Services Citizen Board for terms
ending May 31, 2003.
File #15-110-304
CITY OF
P, OANOKE
Given under our hands and the Seal of the City of Roanoke this fifth day of June in
the year two thousand.
WHEREAS, Corinne Beasley Gott received her B. A. Degree in Sociology from
Lynchburg College in 1949, she attended Richmond Professional
Institute; and she is the proud.parent of three children and four
grandchildren; and
WHEREAS, Ms. Gott was employed by the Roanoke City Department of Public
Welfare as a Foster Care Social Worker on June 16, i950; she was
employed by the Virginia Department of Public Welfare as a Child
Welfare Consultant from January to June, 1956; she returned to the ·
Roanoke City Department of Public Welfare in August, 1956, and on
January 1, 1970, she became Superintendent of Public Welfare; and
WHEREAS, Ms. Gott has served on various boards and committees and she has
received numerous citations and awards 'throughout her
distinguished career; she assisted in designing a project that provides
in-home services for children who are truant from public schools,
and she helped to design and oversee Project Self-Sufficiency, Which
won the Virginia Municipal League Best Project Award in 1987 and
was one of the winning projects sponsored by Roanoke City in the All
America City Awards competition in 1988; and
WHEREAS, Ms. Gott will retire from service with the City of Roanoke on June 30,
2000, after a long and distinguished career spanning more than
forty-nine years.
NOW, THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke,
Virginia, in recognition ofher years of faithful and outstanding service to the
citizens of the City of Roanoke, do hereby proclaim Monday, June 5, 2000,
. throughout this great All-America City, as
CORINNE BEASLEY GOTT DA Y.
ATTES : 7~
T ':~
Clerk
David A. Bowers
Mayor
CITY OF ROANOKE
Given under our hands and the Seal of the City of Roanoke this fifih day of June in
the year two thousand
WHE~S,
during 2000, more than 180,000 men in the United States will learn
that they have prostate cancer and nearly 32, 000 men will lose their
lives, including 800 in the Commonwealth of Virginia; and
WHEREAS,
getting the facts about prostate cancer, talking with health care
providers, and early detection testing may significantly reduce
suffering and deaths caused by this disease; dnd
WHEREAS,
Prostate Cancer Awareness Month is hem every June to encourage
men to get the facts and talk with their health care provider about
prostate cancer testing; and
WHEREAS,
the Prostate Cancer Awareness Month program is dedicated to
increasingpublic knowledge about the importance of getting the facts
about early detection of prostate cancer.
NOW,
THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke,
Virginia, do hereby proclaim June, 2000, throughout this great All-America
City, as
PROSTATE CANCER AWARENESS MONTH
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
ACTION:
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
February 7, 2000
12:15 p.m.
The Council of the City of Roanoke met in regular session on Monday,
February 7, 2000, at 12:15 p.m., the regular meeting hour, in the City Council
Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, Virginia, with Mayor David A. Bowers presiding, pursuant to Rule 1,
Regular Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council Members W. Alvin Hudson, Jr., Carroll E. Swain, James O.
Trout, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers .................. 6.
ABSENT: Vice-Mayor C. Nelson Harris ..................................................... 1.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie,
Sr., Assistant City Manager; William M. Hackworth, City Attorney; James D. Grisso,
Director of Finance; and Mary F. Parker, City Clerk.
CITY MANAGER-COUNCIL: A report of the City Manager requesting that
Council convene in a Closed Meeting to discuss acquisition of real property for a
public purpose, where discussion in open meeting would adversely affect the
bargaining position or negotiating strategy of the City, pursuant to Section 2.1-344
(A)(5), Code of Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson moved that Council concur in the request of the City Manager to
convene in a Closed Meeting to discuss acquisition and disposition of real property
for a public purpose, where discussion in open meeting would adversely affect the
bargaining position or negotiating strategy of the City, pursuant to Section 2.1-344
(A)(5), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain
and adopted by the following vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt
and Mayor Bowers .......................................................................................... 6.
NAYS: None ......................................................................................... 0.
(Vice-Mayor Harris was absent.)
ACTION:
ACTION:
CITY MANAGER-COUNCIL: A report of the City Manager requesting that
Council convene in a Closed Meeting to discuss acquisition of real property for a
public purpose, where discussion in an open meeting would adversely affect the
bargaining position or negotiating strategy of the Ci .ty, pursuant to Section 2.1-344
(A)(3), Code of Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Swain moved that Council concur in the request of the City Manager to
convene in a Closed Meeting to discuss acquisition and disposition of real property
for a public purpose, where discussion in an open meeting would adversely affect
the bargaining position or negotiating strategy of the City, pursuant to Section 2.1-
344 (A)(3), Code of Virginia (1950), as amended. The motion was seconded by Mr.
Trout and adopted by the following vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt
and Mayor Bowers .......................................................................................... 6.
NAYS: None ......................................................................................... 0.
(Vice-Mayor Harris was absent.)
COUNCIL-CITY ATTORNEY: A report of the City Attorney requesting that
Council convene in a Closed Meeting to consult with legal counsel on a matter of
probable litigation, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as
amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City Attorney to
convene in a Closed Meeting to consult with legal counsel on a matter of probable
litigation, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended.
The motion was seconded by Mr. White and adopted by the following vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt
and Mayor Bowers ......................................................................................... 6.
NAYS: None ......................................................................................... 0.
(Vice-Mayor Harris was absent.)
At 12:20 p.m., the Mayor declared the meeting in recess.
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ACTION:
ACTION:
At 1:50 p.m., the meeting reconvened in the Council Chamber, with Mayor
Bowers presiding, and all Members of the Council in attendance, with the exception
of Vice-Mayor Harris and Council Member Swain (left the Closed Meeting at
1:00 p.m.).
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Hudson
moved that each Member of City Council certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such
public business matters as were identified in any motion by which any Closed
Meeting was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Hudson, Trout, White, Wyatt and Mayor Bowers---5.
NAYS: None ......................................................................................... 0.
(Vice-Mayor Harris and Council Member Swain were absent.)
BUDGET-PUBLIC WORKS: Mr. Trout offered the following resolution resolving
a civil investigation of the City's Public Works Service Center by the Department of
Environmental Quality:
(#34659-020700) A RESOLUTION authorizing and directing the City Manager
to execute for and on behalf of the City a Consent Order with the Commonwealth of
Virginia Waste Management Board and the Department of Environmental Quality
(DEQ) resolving a civil litigation of the City's Public Works Service Center by the
DEQ, upon certain terms and conditions; and authorizing the City Manager to take
such further action and to execute and provide such further documents as may be
necessary to comply with or implement the provisions of the said Consent Order.
(For full text of Resolution, see Resolution Book No. 62, page 457.)
Mr. Trout moved the adoption of Resolution No. 34659-020700. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Hudson, Trout, White, Wyatt and Mayor Bowers--5.
NAYS: None ......................................................................................... 0.
(Vice-Mayor Harris and Council Member Swain were absent.)
3
ACTION:
Mr. Trout offered the following emergency ordinance transferring $125,000.00
in connection with resolving a civil investigation of the City's Public Works Service
Center by the Department of Environmental Quality:
(#34660-020700) AN ORDINANCE to amend and reordain certain sections of
the 1999-2000 General and Capital Projects Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 459.)
Mr. Trout moved the adoption of Ordinance No. 34660-020700. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Hudson, Trout, White, Wyatt and Mayor Bowers---5.
NAYS: None ......................................................................................... 0.
(Vice-Mayor Harris and Council Member Swain were absent.)
At 1:55 p.m., the Mayor declared the meeting in recess until 2:00 p.m.
At 2:00 p.m., on Monday, February 7, 2000, the regular meeting of City Council
reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building,
215 Church Avenue, S. W., City of Roanoke, with the ~following Council Members in
attendance, Mayor Bowers presiding.
PRESENT: Council Members W. Alvin Hudson, Jr., Carroll E. Swain (arrived
at 2:40 p.m.), James O. Trout, William White, Sr., Linda F. Wyatt, C. Nelson Harris and
Mayor David A. Bowers ................................................................................... 7.
ABSENT: None ..................................................................................... 0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie,
Sr., Assistant City Manager; William M. Hackworth, City Attorney; James D. Grisso,
Director of Finance; and Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by Vice-Mayor C. Nelson
Harris.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
4
ACTION:
INTRODUCTIONS
ACTS OF ACKNOWLEDGEMENT: The Mayor introduced special
guests from the Ukraine, who were visiting the United States on
February 7 - 9, 2000, to learn about Human Services Programs. He
presented each member of the delegation with a Honorary Citizen
Certificate and a City logo lapel pin.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent
Agenda were considered to be routine by the Members of Council and
would be enacted by one motion in the form, or forms, listed on the
Consent Agenda, and if discussion was desired, that item would be
removed from the Consent Agenda and considered separately. He
called specific attention to one request for a Closed Meeting to discuss
personnel matters with regard to vacancies on various authorities,
boards, commissions and committees appointed by the Council.
MINUTES: Minutes of the regular meetings of Council held on
Monday, October 4, 1999; the special meeting held on Friday,
October 15, 1999; the joint meeting of City Council and the Roanoke
City School Board held on Monday, October 20, 1999; the special
meetings held on Monday, October 25, 1999; the regular meeting held
on Monday, November 1, 1999; the special meeting held on Tuesday,
November 9, 1999; and the regular meeting held on Monday,
November 15, 1999, were before the body.
(For full text, see Minutes on file in the City Clerk's Office.)
Mr. White moved that the reading of the Minutes be dispensed
with and that the Minutes be approved as recorded. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Hudson, Trout, White, Wyatt, Harris
and Mayor Bowers ....................................................................... 6.
NAYS: None .............................. : ........................................ 0.
(Council Member Swain was absent.)
5
ACTION:
COMMITTEES-COUNCIL: A communication from Mayor David A.
Bowers requesting that Council convene in a Closed Meeting to
discuss personnel matters relating to vacancies on various authorities,
boards, commissions and committees appointed by the Council,
pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended,
was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White moved that Council concur in the request of the Mayor
to convene in a Closed Meeting to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and
committees appointed by the Council, pursuant to Section 2.1-344
(A)(1), Code of Virginia (1950), as amended. The motion was seconded
by Mr. Trout and adopted by the following vote:
AYES: Council Members Hudson, Trout, White, Wyatt, Harris
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Council Member Swain was absent.)
CELEBRATIONS-LEGISLATION: A communication from Mayor
David A. Bowers transmitting a certificate recognizing that the City of
Roanoke joined cities across the nation as an official George
Washington Bicentennial Community on December 14, 1999, which was
the 200th anniversary of the death of George Washington, was before
Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White moved that the communication be received and filed.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Hudson, Trout, White, Wyatt, Harris
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Council Member Swain was absent.)
6
ACTION:
ANNUAL REPORTS-YOUTH: A communication from Thomas M.
Winn, III, Chair, Youth Services Citizen Board, transmitting the Annual
Report of the Office on Youth, was before Council.
(For full text, see communication and Annual Report on file in the City
Clerk's Office.)
Mr. White moved that the communication and Annual Report be
received and filed. The motion was seconded by Mr. Trout and adopted
by the following vote:
AYES: Council Members Hudson, Trout, White, Wyatt, Harris
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Council Member Swain was absent.)
ARCHITECTURAL REVIEW BOARD-CULTURAL SERVICES
COMMITTEE-ROANOKE NEIGHBORHOOD PARTNERSHIP-ROANOKE
VALLEY RESOURCE AUTHORITY-OATHS OF OFFICE-COMMITTEES:
The following reports of qualification were before Council:
Matthew Prescott as a member of the Architectural Review
Board for a term ending October 1, 2003;
Harry F. Collins, Sr., as a member of the New Construction
Code, Board of Appeals, for a term ending September 30,
2OO4;
Michael Brennan as a member of the Cultural Services
Committee for a term ending June 30, 2000;
Barbara N. Duerk as a member of the Roanoke
Neighborhood Partnership Steering Committee for a term
ending November 30, 2000; and
Bittle W. Porterfield, III, as a member of the Roanoke
Valley Resource Authority Board for a term ending
December 13, 2003.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
7
ACTION:
Mr. White moved that the reports of qualification be received and
filed. The motion was seconded by Mr. Trout and adopted by the
following vote:
AYES: Council Members Hudson, Trout, White, Wyatt, Harris
and Mayor Bowers ........................................................................ 6.
NAYS: None ....................................................................... 0.
(Council Member Swain was absent.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
ACTS OF ACKNOWLEDGEMENT-CELEBRATIONS: James R.
Justice, President, the Fincastle Resolutions Chapter of the Sons of the
American Revolution, presented a resolution adopted by the
organization on January 18, 2000, in appreciation of the City of
Roanoke's support of an activity which was held on December 14, 1999,
to commemorate the death of George Washington, Commander of the
Continental Army and First President of the United States of America,
who died on December 14, 1799. He advised that the purpose of the
activity was to impress upon the citizens the inestimable contributions
President Washington made to the creation and development of the
United States of America.
The Mayor accepted the resolution with appreciation.
ROANOKE CiViC CENTER: A report of the Roanoke Civic Center
Commission with regard to operational changes for Civic Center
parking, was withdrawn.
PETITIONS AND COMMUNICATIONS:
BONDS/BOND ISSUES-INDUSTRIES: A communication from
Harwell M. Darby, Jr., Attorney, representing the Industrial Development
Authority of the City of Roanoke, Virginia, requesting approval ora plan
of financing, through Industrial Development Revenue Bond, in the
amount of $4.5 million, for the benefit of Nordt Properties, LLC, a
Virginia Limited Liability Company, and John C. Nordt Co., Inc., a
Virginia Corporation, for issuance of the Authority's Industrial
Development Revenue Bonds, Series 2000, to assist the Company in
8
financing the acquisition, renovation and equipping of a manufacturing
facility located at 1420 Coulter Drive in the City of Roanoke, was before
Council.
(For full text, see communication and other supporting documentation
on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#34661-020700) A RESOLUTION approving the plan of financing
of the industrial development authority of the City of Roanoke, Virginia,
for the benefit of Nordt Properties, LLC, a Virginia limited liability
company and John C. Nordt Co. Inc., a Virginia corporation, to the
extent required by Section 147 of the Internal Revenue Code of 1986, as
amended.
ACTION:
(For full text of Resolution, see Resolution Book No. 62, page 460.)
Mr. Trout moved the adoption of Resolution No. 34661-020700.
The motion was seconded by Mr. White and adopted by the following
vote:
AYES: Council Members Hudson, Trout, White, Wyatt, Harris
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Council Member Swain was absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
At this point, 2:40 p.m., Council Member Swain entered the
meeting.
SIDEWALK, CURB AND GUTTER: A report of the City Manager
with regard to the City's curb, gutter and sidewalk request and rating
system, was withdrawn.
9
POLICE DEPARTMENT-COMPLAINTS-DRUGS/SUBSTANCE
ABUSE-LEGISLATION: The City Manager referred to the January 18,
2000, Council meeting when citizens from the Lafayette Boulevard,
Chapman Avenue, and Norwich area and other neighborhood
representatives voiced their concerns regarding illegal drug related
issues in their neighborhoods. She advised that references were made
to a particular ordinance that was being used by the City of Virginia
Beach, and the City Manager and the City Attorney were instructed to
review whether or not City of Roanoke ordinances and state code
provisions were being utilized to the maximum in order to address the
anti-drug enforcement issue. She referred to a number of meetings that
have taken place over the last several weeks to address the matter, and
noted that the Urban Coalition, which represents approximately seven
major urban communities in Virginia, dealt very effectively last year in
having additional blight and drug enforcement legislation introduced
and passed by the Virginia General Assembly.
The City Manager advised that during the City's investigation of
the matter, it was determined that Section 18.2-258 of the Code of
Virginia is in force and effect, however, the City of Roanoke has not
used the legislation as aggressively as it might have; therefore, the
Police Department has taken steps to enforce the state code section
and additional summonses have been issued pursuant to the
provisions. She explained that increased enforcement will place
owners and tenants on notice of drug activities on particular premises
and charge violators with violating state code provisions, along with
additional remedies if compliance does not occur. She called attention
to a local ordinance which is currently being used by the City of Norfolk
to increase drug enforcement in that community and provided Council
with a copy of the measure for its consideration. She stated that an
Assistant Commonwealth's Attorney has been hired, and charged with
the full time responsibility of prosecuting drug related issues, and with
his involvement, it is hoped to obtain quick action within the court
system on citations that are issued. She advised that the entire City
government must be a part of code enforcement and drug enforcement;
therefore, the Director of Public Safety will bring together various
members of City departments to discuss how the entire City workforce
can become more actively engaged in the identification of blight and
illegal activities.
The City Manager explained that according to Section 15.2-907,
Code of Virginia, (1950), as amended, a locality may enact a local
ordinance to address drug blight and enforce new procedures by the
10
ACTION:
Police Department to identify those properties that meet the state code
definition of drug blight which is defined as a condition existing on real
property that intends to endanger the public health and safety of
residents and is caused by the regular presence of persons on the
property under the influence of controlled substances or the regular
use of the property for illegal purposes as it relates to controlled
substances. She noted that under this process, the City Manager, or
her designee, could execute an affidavit certifying the existence of drug
blight on the property, provide notice to the owner to take corrective
action, and if corrective action is not taken, the City may act to abate
the drug blight on the property through removal, repair or securing of
the business or structure. She stated that while some persons may be
concerned that elimination of drug activity from one particular property
will move that activity to another part of the City, it should be noted that
City staff is committed to following the flight and to rid the City of those
individuals engaging in this type of activity and to send the message
that Roanoke has a zero tolerance to drugs. In addition to the
ordinance recommended to Council for adoption, she advised that a
broad review of City ordinances and administrative procedures for
dealing with blight and nuisances in the City will be initiated in general,
and teams of City staff and citizens will be appointed to evaluate the
City's current methods and propose ways to strengthen and improve
efforts to deal with all types of nuisances and blight, with periodic
status reports to Council as the procedure progresses.
Ms. Wyatt offered the following emergency ordinance:
(#34662-020700) AN ORDINANCE amending Chapter 21,
Offenses-Miscellaneous, of the Code of the City of Roanoke (1979), as
amended, by the addition of new Article VIII entitled, Removal or Repair
of Buildings or Other Structures Harborin_~ Illegal Drug Activity_; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 462.)
Ms. Wyatt moved the adoption of Ordinance No. 34662-020700.
The motion was seconded by Mr. Trout.
Mr. Tommy Donnell, 2210 Charlevoix Court, S. W., appeared
before Council in support of the proposed ordinance and expressed
appreciation for the City Manager's and Council's expeditious response
to the concerns of citizens.
11
Ms. Kathy Hill, President, Riverland Alert Neighbors, spoke in
support of the proposed ordinance.
Mr. White referred to correspondence from the Roanoke Branch,
N.A.A.C.P. and requested that the City Manager review the matter and
respond accordingly. (Copy of the correspondence was not filed with
the City Clerk.)
Mr. Jeff Artis, 2407 Clifton Street, N. W., expressed appreciation
for the prompt response by the City Manager and Council in working
with citizens to help alleviate drug blight in Roanoke's neighborhoods.
Following discussion, Ordinance No. 34662-020700 was adopted
by the following vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ..................... : ........................................ 7.
NAYS: None ....................................................................... 0.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-GRANTS-FIRST UNION NATIONAL BANK: The City
Manager submitted a written report advising that Council established
a training incentive program on March 14, 1994, in Enterprise Zone One
for companies creating or relocating a minimum of 200 new jobs over
an 18-month period; and the program requires that jobs, for which
training funds are received, be retained for at least five years.
It was further advised that First Union National Bank received
training funds from the City of Roanoke through the program; a base
of 566 jobs was established for the purpose of receiving training funds,
with the five-year period commencing on October 1, 1994, and ending
on October 1, 1999; the number of jobs to be created or relocated was
revised to 420 in June 1999; and First Union National Bank agreed to
pay $400.00 for each job below the 420 jobs that were to be created or
relocated.
It was explained that a review by First Union National Bank, the
City of Roanoke Department of Economic Development and the Fifth
District Employment and Training Consortium for the period
commencing on October 1, 1998, and ending on October 31, 1999,
disclosed that First Union National Bank has 393 jobs in Enterprise
12
Zone One, which is 27 jobs below the agreed upon number; therefore,
the City of Roanoke has received funding, in the amount of $10,800.00,
from First Union National Bank as repayment for training funds
received.
ACTION:
The City Manager recommended that Council appropriate funds,
in the amount of $10,800.00, received from First Union National Bank
to Account No. 008-062-9629-9004 (Roanoke Centre for Industry and
Technology Addition - Property).
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34663-020700) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 465.)
Mr. Trout moved the adoption of Ordinance No. 34663-020700.
The motion was seconded by Mr. White and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... O.
POLICE DEPARTMENT-BUDGET-INDUSTRIES-ECONOMIC
DEVELOPMENT: The City Manager submitted a written report advising
that Innotech, now a division of Johnson & Johnson, outgrew its
current facility at $568 Airport Road in early 1997 and began to
investigate means to enlarge the facility; and Geoffrey M. Ottaway,
owner and developer of the Innotech facility agreed to construct a
30,000 square feet addition and lease the property to Innotech for a
period of ten years.
It was further advised that the City of Roanoke entered into an
agreement for purchase and sale of City-owned property identified as
Official Tax No. 6640105; in March 1997, the City conveyed
approximately 8.6665 acres to A&M Enterprises, LLC, at a price of
$346,660.00; however, a field study conducted before the closing
13
ACTION:
showed the actual acreage to be 8.756 acres, and the City received a
check in the amount of $350,240.00; therefore, the additional $3,580.00
received should be appropriated to reflect the difference in sales price.
The City Manager recommended that Council appropriate funds,
in the amount of $3,580.00, received from A&M Enterprises, LLC, to
Account No. 008-052-9629-9004 (Roanoke Centre for Industry and
Technology Addition - Property).
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#34664-020700) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 466.)
Mr. Hudson moved the adoption of Ordinance No. 34664-020700.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
HOUSING/AUTHORITY-HIGHER EDUCATION CENTER-BUDGET:
A report of the City Manager with regard to Amendment No. 1 to the
agreement between the City of Roanoke, the Roanoke Higher Education
Authority, and the Roanoke Redevelopment and Housing Authority; and
appropriation of funds in connection therewith, was withdrawn.
SEWERS AND STORM DRAINS-BUDGET-CONSULTANTS
REPORTS-WATER RESOURCES: The City Manager submitted a written
report advising that the Forest Park area of the Villa Heights
neighborhood has experienced drainage and flooding problems for
many years; since annexation of the area in 1943, several storm drain
and channelization projects have been completed in the neighborhood
14
to reduce flooding, however, some flooding of streets and homes
continues; and previous projects in the watershed have addressed
localized problems, but have not been part of a comprehensive
watershed plan.
It was further advised that the area has also experienced
significant sanitary sewer backups during wet weather; inflow and
infiltration of stormwater into the sanitary sewer system has caused
manhole overflows and sanitary sewer backups into many basements;
correcting the problems will likely require the availability of an
adequate storm drainage system; and for this reason, the best
approach was determined to be a comprehensive contract to combine
stormwater and sanitary sewer analysis and design.
It was explained that the Forest Park Drainage Project was
included in the Capital Improvement Program (ClP), approved by
Council on July 21, 1997; the project received a high priority rating in
the CIP Drainage Program and funding was established in the 1997
Bond Referendum; following a published Request for Proposals and
review of submitting firms, Anderson & Associates of Virginia, Inc., was
selected to perform design services for the Forest Park Drainage
Project; the proposed contract with Anderson & Associates of Virginia,
Inc., will include inventory and field location of existing water, sanitary
sewer and storm drain systems, modeling, preliminary design of
corrective projects, and priorities for the phasing of future construction
projects; the proposal from Anderson & Associates of Virginia, Inc., for
professional design services is $314,630.00, and adding a five per cent
($15,730.00) contingency for potential scope of work changes in project
design would bring the total appropriation to $330,360.00; and
approximately $135,000.00 of contract costs will be associated with the
water and sewer systems and $195,360.00 will be associated with the
storm drainage system.
It was explained that as a comprehensive project for an entire
watershed, this project includes additional scope of work from a typical
design contract; approximately $173,000.00 of the contract will be used
for field location, condition surveys, and database development for
existing water, sewer and drainage systems within the watershed area,
which will provide the basis for all future water, sanitary sewer and
drainage maintenance and construction projects in the watershed; the
work has also been determined to be necessary because of the overlap
15
ACTION:
between drainage and sanitary sewer problems and solutions for the
watershed; and unless a comprehensive analysis is performed, future
drainage and sewer projects in the watershed will be difficult to
accurately assess or prioritize.
The City Manager advised that one of the goals of the project is
to identify specific sources of ground water and rainfall runoff inflow
into the sanitary sewer from private homes and businesses; and since
the work will involve considerable contact with individual property
owners, information mailers will be sent to those persons affected and
neighborhood meeting(s) will be held.
It was explained that cost of the design project will be
$314,630.00, with a contingency of $15,730.00, for a total appropriation
of $330,360.00; and funding is available in the following accounts:
Sewer Fund Retained Earnings Account
Water Fund Retained Earnings Account
Public Improvement Bonds Series 1992A,
Account No. 008-052-9700-9176
$110,000.00
25,000.00
195,360.00
Total $330,360.00
Funding needs to be appropriated to a new Capital Projects account
entitled, "Forest Park Drainage Project."
The City Manager recommended that Council appropriate funds
for design of the Forest Park Drainage Project; and that she be
authorized to enter into a contractual agreement with Anderson &
Associates of Virginia, Inc., for engineering design services.
(For full text, see report on file in the City Clerk's Office.)
Mr. Swain offered the following emergency budget ordinance:
(#34665-020700) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Water, Sewage Treatment, and Capital
Projects Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 467.)
Mr. Swain moved the adoption of Ordinance No. 34665-020700.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
16
ACTION:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
Mr. Swain offered the following resolution:
(#34666-020700) A RESOLUTION authorizing a contract with
Anderson & Associates of Virginia, Inc., for professional services for
the engineering design for the Forest Park Drainage Project.
(For full text of Resolution, see Resolution Book No. 62, page 469.)
Mr. Swain moved the adoption of Resolution No. 34666-020700.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
Mr. Swain inquired as to where the City will concentrate its
efforts after the Forest Park Drainage Project is completed; whereupon,
the Director of Utilities and Operations advised that the Ridgewood
Heights area will be targeted next.
BUDGET-WILLIAMSON ROAD PARKING GARAGE: The City
Manager submitted a written report advising that the Williamson Road
Parking Garage is located at 201 Tazewell Avenue, S. E., and is in
immediate need of structural and internal renovation; and after proper
advertisement and interviews, a consultant selection committee
selected Hayes, Seay, Mattern and Mattern, Inc., as the best qualified
consultant for the proposed work.
It was further advised that a contract for architectural and
engineering services, in the amount of $72,100.00, has been prepared
and is waiting for execution pending approval by the City Manager, who
has authority to execute a contract for this amount after funding is
provided; and funds for consultant services are available in the Fiscal
Year 2000 (CMERP) budget, as follows:
17
ACTION:
Professional Consultant Services
$ 72,100.00
Contingency 5,900.00
Total Funding
$ 78,000.00
Cost of services is approximately 14 per cent of the project budget,
which is reasonable for the work to be performed due to the complexity
of the needed repairs and the professional expertise required for proper
design solutions.
The City Manager recommended that Council authorize the
Director of Finance to establish a capital account entitled, "Williamson
Road Parking Garage Renovation", and transfer $78,000.00 to said
account from the fiscal year 2000 Capital Maintenance and Equipment
Replacement Program (CMERP).
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34667-020700) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 General and Capital Projects Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 470.)
Mr. Trout moved the adoption of Ordinance No. 34667-020700.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers .............................................................. 7.
NAYS: None .............................. L ........................................ 0.
BUDGET-SNOW REMOVAL: The City Manager submitted a
written report advising that the fiscal year 1999-2000 budget includes
funding for 2,000 tons of rock salt, and prior fiscal year encumbrances
provided for an additional 1,000 tons; approximately 3,550 tons were
stockpiled prior to this winter's first snowfall; currently, 2,750 tons of
the 3,550 tons of rock salt available have been spread on streets and
18
bridges during recent winter storms; therefore, there is an immediate
need to replenish the current stockpiles since the snow season is not
over.
ACTION:
It was further advised that the cost of 1,000 tons of rock salt will
be $42,450.00; funds are available in the General Fund Contingency,
Account No. 001-002-9410-2199, and should be transferred to Snow
Removal - Chemicals, Account No. 001-052-4140-2045.
The City Manager recommended that Council adopt a proposed
budget ordinance to transfer funds to purchase 1,000 tons of rock salt.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34668-020700) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 General Fund Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 471.)
Mr. Trout moved the adoption of Ordinance No. 34668-020700.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
BRIDGES-HOUSING/AUTHORITY-HIGHER EDUCATION CENTER:
The City Manager submitted a written report advising that on March 28,
1930, the City granted a permit to Norfolk & Western Railway Company
(N & W) to construct and maintain an underground tunnel and overhead
pedestrian bridge crossing Center Avenue, N. W., between N & W's
General Office Building North (GOB North) and General Office Building
South (GOB South); mechanical equipment in GOB South provides
services to GOB North via the underground tunnel; the buildings are no
longer owned by N & W, and one of the.current owners, The Roanoke
Higher Education Authority, has requested that Council consent to the
assignment of the permit to the Roanoke Higher Education Center, Inc.,
(RHEC, Inc.), and in turn, to Roanoke Higher Education Associates, LP,
19
ACTION:
per a communication dated October 20, 1999; RHEC, Inc., has assigned
to the Roanoke Redevelopment and Housing Authority a portion of its
rights, title and interests in and to the original permit as it relates to and
concerns the pedestrian bridge only; and current owners need to be
able to access and maintain the overhead pedestrian bridge and
underground tunnel.
The City Manager recommended that Council authorize
assignment of the permit granted to N & W Railway Company in 1930
to the Roanoke Higher Education Center, Inc., and in turn, to Roanoke
Higher Education Associates, LP, and further authorize assignment of
the overhead bridge portion of the permit to the Roanoke
Redevelopment and Housing Authority, in a form to be approved by the
City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Swain offered the following resolution:
(#34669-020700) A RESOLUTION authorizing the assignment of
the permit granted to N & W Railway Company in 1930, for the right to
maintain the Pedestrian Bridge and Underground Tunnel crossing
Center Avenue, N. W., to the Roanoke Higher Education Center, Inc.,
and then, in turn, to Roanoke Higher Education Associates, LP, and
further authorizing the assignment of the overhead bridge portion of
the permit to the Roanoke Redevelopment and Housing Authority.
(For full text of Resolution, see Resolution Book No. 62, page 472.)
Mr. Swain moved the adoption of Resolution No. 34669-020700.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
BUDGET-EQUIPMENT: The City Manager submitted a written
report advising that the Information Technology Committee (ITC) has
developed a list of priority projects and equipment needs that have
been determined as critical and/or time sensitive, as more fully set forth
2O
ACTION'
on Attachment one of the report; and all items and projects will be
purchased in accordance with requirements of Chapter 23.1,
Procurement, Code of the City of Roanoke (1979), as amended.
It was further advised that total funding request is $1,164,125.00
and funds are available, as follows:
Current Year Capital Maintenance and Equipment
Replacement Account
City Information Systems, Prior Year Retained
Earnings Account
To be funded by Roanoke Area Libraries with an
Accounts Receivable established for same.
$505,100.00
$579,000.00
$ 80,025.00
The City Manager recommended that Council adopt a proposed
budget ordinance to appropriate funds.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#34670-020700) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 General and City Information Systems Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 473.)
Mr. Harris moved the adoption of Ordinance No. 34670-020700.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
WORKERS COMPENSATION-CITY EMPLOYEES-FIRE
DEPARTMENT-POLICE DEPARTMENT: The City Manager submitted a
written report advising that dUring the November 15, 1999, meeting of
Council, Council Member Swain requested information regarding
benefits afforded to City employees who are injured in the line of duty;
a supplemental pay benefit is afforded to public safety employees,
resulting in differential treatment; and this additional benefit, termed
21
the "full pay benefit", was established by Resolution No. 4748 adopted
by Council in 1936 to provide an additional one-third salary supplement
to workers' compensation for Firefighter/EMT's and Police Officers.
It was further advised that based on the City's practice of treating
sworn Police and Fire/EMS employees differently than the remainder of
the City's workforce, Risk Management staff surveyed 16 Virginia
localities to determine their treatment of the issue; questions
addressed in the survey included, which employees receive the full pay
benefit, applicable time limits for receiving the benefit and method used
for calculation; results of the survey indicated that Roanoke's practice
of paying workers' compensation is different from the practices of
other localities in two definite ways: first, all employees in the City of
Roanoke are not provided with the "full pay benefit" as in other
localities; and second, the full pay benefit received by Police and
Fire/EMS employees is not capped at net take home pay prior to the
accident.
ACTION:
The City Manager recommended that Council extend the full pay
benefit currently received by Police and Fire/EMS employees to all full-
time City employees; amend the provisions of Resolution No. 4748 to
provide that the City Manager shall have the authority to approve a
supplemental pay benefit for any employee injured in the line of duty
from the date of injury for a period of six months; and an evaluation of
the procedure used to calculate the current full pay benefit will be
conducted during the fiscal year 2000-01 budget process.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#34671-020700) A RESOLUTION extending certain pay benefits
to City employees who incur injuries in the line of duty; and repealing
Resolution No. 4748 adopted February 28, 1936.
(For full text of Resolution, see Resolution Book No. 62, page 476.)
Mr. Trout moved the adoption of Resolution No. 34671-020700.
The motion was seconded by Mr. Swain and adopted by the following
vote:
22
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ..................... : ........................................ 7.
NAYS: None ....................................................................... 0.
FDETC: The City Manager submitted a written report advising
that Federal legislation passed in August 1998 requires the closeout of
the Job Training Partnership Act (JTPA) funded workforce development
programs and implementation of the new Workforce Investment Act by
July 1, 2000; and under an existing agreement, the Fifth District
Employment and Training Consortium has administered JTPA services
benefitting the governments and citizens within the four city and four
county area known as the Fifth Planning District for over 25 years (1974
- 1999).
It was further advised that in October 1999, the Franklin County
Board of Supervisors voted to seek membership in the Fifth District
Consortium; their decision to request regional re-alignment was based
on a review of existing economic development alliances and worker
commuting patterns (Franklin County is a member of the Roanoke
Regional Economic Development Partnership; Regional Alliance, under
the Regional Competitiveness Act with the Roanoke-Alleghany
Regional Commission, and the Roanoke Valley Convention and Visitors
Bureau); of the 38.8 per cent of Franklin County residents who
commute to work, 58.1 per cent commute to the Roanoke Metropolitan
Statistical Area); and as a result, the current Consortium Agreement
should be modified to reflect Federal legislative changes, dissolving
JTPA and implementing the Workforce Investment Act (WIA), and
adding Franklin County as a member jurisdiction.
The City Manager recommended that Council authorize the
modification, and subsequent execution, of the Fifth District
Employment and Training Consortium Agreement to reflect Federal
legislative changes, dissolving JTPA and implementing the Workforce
Investment Act (WIA), and adding Franklin County as a member
jurisdiction.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following resolution:
23
(#34672-020700) A RESOLUTION.approving modification of the
Fifth District Employment and Training Consortium (FDETC) Agreement
to reflect federal legislative changes, upon certain terms and
conditions; and adding Franklin County as an FDETC member
jurisdiction.
(For full text of Resolution, see Resolution Book No. 62, page 477.)
ACTION:
Mr. Harris moved the adoption of Resolution No. 34672-020700.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
HOUSING/AUTHORITY-GRANTS: The City Manager submitted a
written report advising that the U. S. Department of Housing and Urban
Development (HUD) and the City of Roanoke entered into the Shelter
Plus Care (SPC) Agreement on December 7, 1995, for project number
VA36C95-0134; under terms of the agreement, the City received a grant,
in the amount of $536,160.00, to be used to carry out the project over
a five-year period; and term of the grant will end on December 7, 2000.
It was further advised that Shelter Plus Care clients encountered
difficulties in finding and maintaining suitable housing which have
impacted grant expenditures; and it is anticipated that at the end of the
term of the current agreement, approximately $380,000.00 will remain
unexpended.
It was explained that the need for housing assistance for hard-to-
reach homeless persons with chronic substance abuse and mental
health issues continues within the City; a steering committee
comprised of representatives from the partner agencies, the Roanoke
Redevelopment and Housing Authority and the City was established to
develop procedures to track in-kind match contributions, provide
guidance, enhance cooperation among agencies, and ensure that
necessary match documentation is provided; guidelines for getting
clients into SPC have been defined and are currently being utilized as
an expedient method of ensuring that all avenues are being explored
to obtain and maintain clients in the program; HUD has reviewed the
project and the performance of the City and has determined that the
24
ACTION:
City is worthy of continuation and thereby granted an extension for an
additional five-year term; and if all grant funds are expended for eligible
program activities before the end of the additional five-year term, the
City shall notify HUD in writing and request termination of the grant
agreement.
The City Manager recommended that she be authorized to
execute the Shelter Plus Care Grant Program Amendment; and advised
that by authorizing the extension, impact on services in the City would
be positive; at least 20 homeless, disabled and mentally ill citizens will
receive permanent housing and supportive services for up to five years
in order to stabilize their situations and to remain self-sufficient; and
cost to the City would not be an issue since no additional funds are
required, with an in-kind match to be provided by the nine partner
agencies.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following resolution:
(#34673-020700) A RESOLUTION authorizing acceptance of the
Shelter Plus Care Grant extension from the U. S. Department of
Housing and Urban Development and authorizing execution of the
required amendment to the grant extending the grant.
(For full text of Resolution, see Resolution Book No. 62, page 478.)
Mr. Hudson moved the adoption of Resolution No. 34673-020700.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
BUDGET-HUMAN DEVELOPMENT-YOUTH: The City Manager
submitted a written report advising that the Virginia Department of
Social Services (VADSS) conducted a statewide study of foster care
and adoption staffing in local departments of Social Services during the
summer of 1998; and based on this study, VADSS requested and
received funding from the Virginia General Assembly to increase local
staffing for fiscal year 1999-2000.
25
It was further advised that the Roanoke Department of Social
Services submitted a Supplemental Budget Request for additional
foster care staffing as part of the budget preparation process for fiscal
year 1999-2000; the requested amount of $177,801.00 was based on a
preliminary estimate provided by VADSS as the City's share of funding,
which included a 20 per cent local match; the Supplemental Request
was adopted by Council for fiscal year 1999-2000 and included approval
to establish one Social Worker Supervisor and four Social Worker
positions; the VADSS awarded the Roanoke Department of Social
Services a final allocation, in the amount of $222,734.00, which
allocation is $44,933.00 higher than the amount approved by Council
and includes a local match of $8,986.00.
It was explained that for fiscal year 1999-2000, $28,180.00 of the
additional funding, including State funds of $22,544.00 and a required
local match of $5,636.00, can be used to add a Senior Social Worker
position, as well as purchase a computer system and other needed
supplies for the new position; funding would also cover remodeling
costs, computer and telephone cabling services that Social Services
has already incurred as a result of adding new staff; for fiscal year
2000-01, the full allocation of $44,933.00 will be used to fund the new
position and related expenses for a full fiscal year; and the local match
is available in the current budget.
The City Manager recommended that Council adopt a proposed
budget ordinance to approve funds provided by the Virginia Department
of Social Services for foster care and adoption staffing, which
increases the General Fund Revenue, estimate by $22,544.00 in Direct
Service Revenue, Account No. 001-020-1234-0685; appropriates
$22,544.00 to Social Services Cost Center 001-054-5314; transfers
$5,636.00 from State-Local Hospitalization Cost Center 001-054-5330-
2010 to Social Services Cost Center 001-054-5314; and allocates
$28,180.00 in total expenditures to certain accounts in Social Services
Cost Center 001-054-5314.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34674-020700) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 General Fund Appropriations, and providing
for an emergency.
26
ACTION:
(For full text of Ordinance, see Ordinance Book No. 62, page 478.)
Mr. Trout moved the adoption of Ordinance No. 34674-020700.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
CITY ATTORNEY:
WESTERN VIRGINIA LAND TRUST: The City Attorney submitted
a written report advising that during its meeting on December 20, 1999,
Council referred to the Legislative Committee, the City Manager and the
City Attorney a request of the Preservation Alliance of Virginia that
Council adopt a resolution supporting the establishment of a dedicated
funding source for use of the Virginia Land Conservation Foundation;
the Foundation is an entity created by the General Assembly to provide
funding for the protection of natural areas, open spaces and parks,
farmlands and forest preservation; and last year, the General Assembly
appropriated $1.75 million to the Foundation in support of its programs,
but funding was not from a dedicated long-term source, therefore, the
Foundation is seeking the creation of a funding source.
The City Attorney transmitted a proposed resolution which is
consistent with the request of the Preservation Alliance of Virginia and
advised that many localities have adopted similar resolutions; and
recently House Speaker Vance Wilkins proposed that the State
appropriate $40 million over the next two years to purchase
conservation easements from landowners to help protect open spaces.
It was noted that the Legislative Committee and the City Manager
have reviewed the report and proposed resolution, and have concurred
in forwarding the documents to Council for consideration.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following resolution:
(#34675-020700) A RESOLUTION supporting a permanent funding
source for land conservation in the Commonwealth of Virginia.
27
ACTION:
ACTION:
(For full text of Resolution, see Resolution Book No. 62, page 480.)
Mr. Harris moved the adoption of Resolution No. 34675-020700.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The
Director of Finance submitted the Financial Report for the City of
Roanoke for the month of December, 1999.
(For full text, see Financial Report on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the
Financial Report for December would be received and filed.
BONDS/BOND ISSUES-BUDGET-JEFFERSON CENTER: The
Director of Finance submitted a written report advising that at its
November 16, 1998 meeting, Council authorized the City Manager to
execute an amendment to the contract with the Jefferson Center
Foundation to adopt the renovation project for the Jefferson Center
Performance Hall; the project required City funding totaling
$2,800,000.00, which is comprised of $400,000.00 of undesignated
capital funds (interest earnings), $800,000.00 of Series 1994 General
Obligation Bond funds, and $1.6 million of Series 1999 General
Obligation Bond funds; Ordinance No. 34084-111698 was adopted on
November 16, 1998, appropriating the interest earnings and the funding
from 1994 bonds; at that time, the Series 1999 bonds had not been sold,
therefore, related funding was not yet available; and the $1.6 million in
funding from the sale of Series 1999 General Obligation Bonds is now
available and needs to be appropriated.
The Director of Finance recommended that Council adopt a
proposed budget ordinance which will transfer $1.6 million from the
Series 1999 General Obligation Bonds Account-Buildings to the
Jefferson Center Performance Hall (008-052-9731-9001).
28
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#34676-020700) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 481.)
Mr. Harris moved the adoption of Ordinance No. 34676-020700.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
BUDGET-HOUSING/AUTHORITY-GRANTS: The Director of
Finance submitted a written report advising that by agreement with the
City of Roanoke, the Roanoke Redevelopment and Housing Authority
administers a large segment of the City's Community Development
Block Grant program; the Housing Authority receives program income
during the course of its administration of various projects through the
sale of land and the receipt of loan repayments from project area
residents; the Housing Authority is required to transfer program
income to the City of Roanoke; and the City is required to use the
income for eligible community development activities.
It was further advised that the Housing Authority has made
payments to the City, in the amount of $83,873.00, from October 1, 1999
to December 31, 1999, in excess of income estimates previously
appropriated; and of this amount, $52,739.00 resulted from the sale of
property, $15,552.00 in parking lot rental, and $15,582.00 from various
loan repayments.
It was explained that the City has received miscellaneous
program income as follows, which amounts represent the difference
between what was actually received and the amount that was
previously appropriated based on repayment estimates:
29
$288,995.00 from Hotel Roanoke, L.L.C., for loan
repayment and interest on the $6,000,000.00 Section 108
loan from U. S. Department of Housing and Urban
Development; during fiscal year 2000, Hotel Roanoke,
L.L.C., made payment totaling $688,995.00, of which
$538,000.00 was principal and $150,995.00 was interest.
$2,072.00 from Williamson Road Parking Garage which
was constructed, in part, using CDBG funds and $18.00 in
loan repayments.
The Director of Finance recommended that Council appropriate
the total $374,958.00 in unanticipated CDBG program income, as
follows:
Unprogrammed CDBG- Other (035-099-9940-5189) $ 2,072.00
Unprogrammed CDBG- Section 108 (035-G00-0040-5188) 288,995.00
Unprogrammed CDBG - Other (035-G00-0040-5189) 18.00
Unprogrammed CDBG - RRHA (035-G00-0040-5197) 83,873.00
The amounts being appropriated to unprogrammed accounts will be
available for future appropriation for eligible community development
purposes.
It was explained that the Housing Authority also administers a
segment of the City's HOME program; the assistance provided by the
Housing Authority is predominantly in the form of Iow- or no-interest
active and deferred loans to eligible homeowners and homebuyers;
loan repayments constitute program income to the City's HOME
program; and as of December 31, 1999, loan repayments received in
excess of the budget estimate equals $26,864.00; whereupon, the
Director of Finance recommended that Council appropriate $26,864.00
to Unprogrammed HOME Account No. 035-090-5322-5320, which will be
available for future appropriation for eligible HOME activities.
The Director of Finance advised that the City of Roanoke was
recently awarded a grant of $111,429.00 from the Office of Community
Oriented Policing Services; the proposed budget was slightly higher
than the actual amount awarded; and it was recommended that the
revenue and expenditure budget for the grant be reduced by $396.00 to
agree with the actual award amount; whereupon, the Director of
Finance recommended that Council adopt a proposed budget
ordinance to adjust revenue and expenditure estimates.
30
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34677-020700) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Grant Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 482.)
Mr. Trout moved the adoption of Ordinance No. 34677-020700.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
BUDGET-HOTEL ROANOKE CONFERENCE CENTER: The
Director of Finance submitted a written report advising that the Hotel
Roanoke Conference Center Commission needs additional operating
funds to finance building repairs, consultant's fees, litigation expenses
and other extraordinary costs, all of which are related to the
remediation of certain construction defects at the Conference Center;
the Commission approved the use of its prior years' retained earnings
for this purpose, therefore, an appropriation of $600,000.00 from the
Commission's retained earnings is requested; and funds are available
in the Hotel Roanoke Conference Center Commission prior years'
retained earnings.
The Director of Finance recommended that Council adopt a
proposed budget ordinance to appropriate prior years' retained
earnings to provide additional operating funds.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#34678-020700) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Hotel Roanoke Conference Center
Commission Fund Appropriations, and providing for an emergency.
31
ACTION:
(For full text of Ordinance, see Ordinance Book No. 62, page 484.)
Mr. Hudson moved the adoption of Ordinance No. 34678-020700.
The motion was seconded by Mr. Harris and adopted by the following
vote:
ACTION:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
CITY CLERK:
SCHOOLS: The City Clerk submitted a written report advising
that pursuant to Chapter 9, Education, of the Code of the City of
Roanoke (1979), as amended, establishing a procedure for the election
of School Board Trustees, the three year terms of office of F. B.
Webster Day, Marsha W. Ellison and Sherman P. Lea will expire on
June 30, 2000.
It was further advised that pursuant to Section 9-16 of the City
Code, on or before February 15 of each year, Council shall announce
its intention to elect trustees of the Roanoke City School Board for
terms commencing July 1 through (1) public announcement of such
intention at two consecutive regular sessions of the Council and (2)
advertisement of such intention in a newspaper of general circulation
in the City twice a week for two consecutive weeks; Section 9-17 of the
City Code provides that applications must be filed in the City Clerk's
Office by March 10 of each year; application forms will be available in
the City Clerk's Office and may be obtained between the hours of 8:00
a.m., and 5:00 p.m., Monday through Friday; and information describing
the duties and responsibilities of School Trustees will also be available.
(For full text, see report on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the report
would be received and filed.
REPORTS OF COMMITTEES:
BUDGET-PARKS AND RECREATION-TOURISM-VISITOR'S
INFORMATION CENTER: Council Member Carroll E. Swain,
Chairperson, Bid Committee, presented a written report on behalf of the
32
Committee, in connection with bids received by the City for
construction of a Visitor Center and picnic shelter at Mill Mountain
Park.
The City Manager explained that the project consists of
construction ofa newVisitor Center and Picnic Shelter in Mill Mountain
Park; $500,000.00 was appropriated from 1998-99 Capital Projects Bond
Funds into Capital Projects Account No. 008-052-9711-9001 entitled,
"Mill Mountain Improvements"; original bids, received on July 28, 1999,
were rejected; and the Office of City Engineer instructed the Project
Consultant to make design modifications to bring the project cost
within the budget; and upon completion of modifications, the project
was re-advertised for bids.
It was advised that bids were received on Tuesday, October 12,
1999, with Building Specialists, Inc., submitting the Iow bid, in the
amount of $657,900.00, to be completed in 300 consecutive calendar
days, which includes a base bid for the Visitor Center, a base bid for
the Picnic Shelter, add alternates 1, 2, 3and 5, and a 300 calendar day
time of completion from Notice to Proceed; the bid complied with all bid
requirements, except that the amount exceeded the amount of available
funds, thus permitting negotiations for a reduction in scope and cost
of the contract; and the Iow bidder, Building Specialists, Inc., agreed to
extend its bid for an additional 60 days, through February 12, 2000, to
allow the City to pursue additional funding and design modifications to
reduce construction costs.
It was noted that the lowest responsive and responsible bid
exceeded available funds by $246,000.00, based upon the two base
bids, four of the six add alternates and the five per cent project
contingency; therefore, in accordance with bid documents, the Office
of the City Engineer and the Department of Parks and Recreation
negotiated several cost reductions with the Iow bidder, in the amount
of $126,943.00; based upon cost reductiOns, the negotiated bid will be
$530,957.00; a project contingency of five per cent ($28,000.00) will be
added to the cost, for a total project cost, as revised, of $558,957.00,
which exceeds available funds by $118,957.00; and funding for the
project is available as follows:
Mill Mountain Improvements,
Account No. 008-052-9711-9001
$440,000.00
1999 General Obligation Bond Issue,
Park Improvements
118,957.00
33
ACTION:
Total Funding Required,
(Contract plus Contingency)
$558,957.00
The City Manager and the Bid Committee recommended that
Council authorize the Director of Finance to transfer $118,957.00 to Mill
Mountain Park Improvements, Account No. 008-052-9711-9001; accept
the bid of Building Specialists, Inc., and award a contract in the amount
of $530,957.00 for construction of the Visitor Center and Picnic Shelter,
including add alternates 1, 2, 3 and 5; and authorize the City Manager
to enter into a contractual agreement, and reject all other bids received
by the City.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Swain offered the following emergency budget ordinance:
(#34679-020700) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 485.)
Mr. Swain moved the adoption of Ordinance No. 34679-020700.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
Mr. Swain offered the following emergency ordinance:
(#34680-020700) AN ORDINANCE accepting the bid of Building
Specialists, Inc., for the construction of the Visitor Center and Picnic
Shelter to include add alternates 1, 2, 3 & 5, upon certain terms and
conditions, and awarding a contract therefor; authorizing the proper
City officials to execute the requisite contract for such work; rejecting
all other bids made to the City for the work; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 486.)
34
ACTION:
Mr. Swain moved the adoption of Ordinance No. 34680-020700.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
BUDGET-INDUSTRIES: Council Member Carroll E. Swain,
Chairperson, Bid Committee, presented a written report on behalf of the
Committee, in connection with bids received by the City for providing
and installing a two-sided entrance sign structure for the Roanoke
Centre for Industry and Technology.
The City Manager submitted a written report advising that Ronald
M. Martin & Associates, P. C., (t/a Martin & Associates, P. C.) designed
a new entrance sign for the Roanoke Centre for Industry and
Technology; after proper advertisement, bids were received in October
1998, with Avis Construction Co., Inc., submitting the Iow bid of
$166,900.00, which exceeded the project budget; the entrance sign was
revised and alternate bids were added and re-advertised; bids were
received on November 3, 1999, with Southern Signs, Inc., submitting
the Iow bid on Alternate Bid III, consisting of one sign with two finished
faces, in the amount of $77,100.00; in verifying bidders qualifications,
it was found that Southern Signs, Inc., was not registered as a
contractor in the Commonwealth of Virginia; therefore, the lowest
responsible and responsive bid was submitted by Construction
Services of Roanoke, Inc., in the amount of $82,600.00, which includes
the addition of $6,600.00 for granite coping stones.
It was further advised that funding requirements for the project
are as follows:
Bid for sign with two finished faces
Granite coping stones
Contingency
Total
$76,000.00
6,600.00
7,915.00
$90,515.00
Funding is available in the following accounts:
Roanoke Centre for Industry and Technology
Infrastructure Extension Account No. 008-052-9679
Capital Improvement Reserve
Economic Development Reserve 008-052-9575-9178
Total
$10,789.00
79,726.00
$90,515.00
35
ACTION:
Time of completion is 130 consecutive calendar days; and the
contractor has agreed to extend the bid. beyond the 60 day limit.
The City Manager and the Bid Committee recommended that
Council approve a contract with Construction Services of Roanoke,
Inc., Bid Item III, in the amount of $82,600.00, and 130 consecutive
calendar days construction time; authorize appropriation of funds for
the project and authorize the Director of Finance to establish a new
Capital Account entitled, "Centre for Industry and Technology Sign."
Bid Item III, two-sided sign:
Granite caps
Project contingency
Total
$76,000.00
6,600.00
7,915.00
$90,515.00
Reject the other responsive bid.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Swain offered the following emergency budget ordinance:
(#34681-020700) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 487.)
Mr. Swain moved the adoption of Ordinance No. 34681-020700.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers .............................................................. 7.
NAYS: None ...................................................................... 0.
Mr. Swain offered the following emergency ordinance:
(#34682-020700) AN ORDINANCE rejecting the bid of Southern
Signs, Inc., as being non-responsive; accepting the bid of Construction
Services of Roanoke, Incorporated, to construct the entranceway sign
at the Roanoke Centre for Industry and Technology, upon certain terms
and conditions, and awarding a contract therefor; authorizing the
36
ACTION:
proper City officials to execute the requisite contract for such work;
rejecting all other bids made to the City for the work; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 489.)
Mr. Swain moved the adoption of Ordinance No. 34682-020700.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
TRAFFIC-SIDEWALK/CURB AND GUTTER-INDUSTRIES-
ECONOMIC DEVELOPMENT: Council Member Carroll E. Swain,
Chairperson, Bid Committee, presented a written report on behalf of the
Committee, in connection with bids received by the City for
construction of improvements to Frontage Road to provide accessibility
to the Johnson & Johnson Vision Products site from Peters Creek Road
and Hershberger Road, N. W.
The City Manager submitted a written report advising that the
City of Roanoke entered into a Performance Agreement with Johnson
& Johnson Vision Products, Inc., on March 19, 1999; the Performance
Agreement states that Johnson & Johnson has acquired 31.206 acres
(Official Tax Nos. 6460101 and 6460106) for the purpose of building and
operating a manufacturing facility, and requires the City to provide
access to the Johnson & Johnson facility by completing certain off-site
improvements by July 1, 2000; in order to meet the agreement's
deadline, off-site improvements will be constructed under two separate
contracts; improvements to Ferndale Drive and Ordway Drive are
currently under construction, which include a cul-de-sac on Ferndale
Drive and extension of Ordway Drive to provide Johnson & Johnson
with access to the back of its manufacturing site; the present project
involves extension of Frontage Road so that the Johnson & Johnson
site will be accessible from Peters Creek Road and Hershberger Road;
and the project was advertised and bids were opened on January 18,
2000.
37
ACTION:
It was further advised that total construction cost is $789,818.69,
which amount is comprised of $717,818.69 for the construction
contract, plus an additional $72,000.00 as contingency; funds are
available from Capital Project Account No. 008-002-9700 entitled,
"Johnson & Johnson Off-Site Improvements"; the Iow bid of
$717,818.69, which is 14 per cent below the engineer's estimate of
$834,982.00, was submitted by L. H. Sawyer Paving Co., Inc., and time
is critical in order to achieve the Performance Agreement's completion
date of July 1, 2000.
The City Manager and the Bid Committee recommended that the
City Manager be authorized to execute a contract, in a form to be
approved by the City Attorney, with L. H. Sawyer Paving Co., Inc., in the
amount of $717,818.69, with a project contingency of $72,000.00, and
reject all other bids received by the City.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Swain offered the following emergency ordinance:
(#34683-020700) AN ORDINANCE accepting the bid of L. H.
Sawyer Paving Co., Inc., for the construction of off-site roadway
improvements by connecting the existing portions of Frontage Road
between Hershberger Road and Peters Creek Road, upon certain terms
and conditions and awarding a contract therefor; authorizing the
proper City officials to execute the requisite contract for such work;
rejecting all other bids made to the City for the work; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 490.)
Mr. Swain moved the adoption of Ordinance No. 34683-020700.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
Council Member White inquired as to the status of
discussions/commitments between the City, representatives of
Johnson & Johnson Vision Products and residents of the area as a
result of the proposed project, and suggested that City staff meet with
residents to provide an update on the project/commitments.
38
It was the consensus of Council to refer the matter to the City
Manager for report prior to the next Council meeting on Tuesday,
February 22, 2000.
Council Member Swain inquired if sidewalk, curb and gutter are
proposed for Ordway Drive, N. W., whereupon, itwas the consensus of
Council to refer the inquiry to the City Manager for report.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
ACTION:
CITY MARKET-CITY PROPERTY: Ordinance No. 34637,
authorizing execution of Amendment No. 1 to the Agreement between
the City and Downtown Associates, dated January 27, 1983, providing
for amendment of Paragraph No. 8 of said agreement, relating to
maintenance responsibilities of the Lessee and Lessor, as more
particularly set forth in a report to Council dated January 18, 2000,
having previously been before the Council for its first reading on
Tuesday, January 18, 2000, read and adopted on its first reading and
laid over, was again before the body, Mr. Harris offering the following
for its second reading and final adoption:
(#34637-020700) AN ORDINANCE authorizing execution of
Amendment No. 1 to the Agreement between the City ("Lessor") and
Downtown Associates ("Lessee"), dated January 27, 1983, providing for
the amendment of Paragraph No. 8 in said Agreement, said paragraph
relating to maintenance responsibilities of Lessee and Lessor.
(For full text of Ordinance, see Ordinance Book No. 62, page 455.)
Mr. Harris moved the adoption of Ordinance No. 34637-020700.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, Wyatt, Harris
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Council Member White was out of the Council Chamber.)
39
ACTION:
SEWERS AND STORM DRAINS-EASEMENTS-CITY PROPERTY:
Ordinance No. 34657, authorizing reservation of a 25 foot City sanitary
sewer easement across City-owned property identified as Official Tax
No. 4260506, located on Findlay Avenue, S. E., for the purpose of
extending sanitary sewer service to adjacent property, as more
particularly set forth in a report of the Water Resources Committee
dated January 4, 2000, having previously been before the Council for
its first reading on Tuesday, January 18, 2000, read and adopted on its
first reading and laid over, was again before the body, Mr. Harris
offering the following for its second reading and final adoption:
(#34657-020700) AN ORDINANCE authorizing the reservation of
a 25' sanitary sewer easement across City-owned property identified as
Official Tax No. 4260506, located on Findlay Avenue, S. E., upon certain
terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 62, page 456.)
Mr. Harris moved the adoption of Ordinance No. 34657-020700.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, Wyatt, Harris
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Council Member White was out of the Council Chamber.)
EASEMENTS-APPALACHIAN POWER COMPANY-CITY
PROPERTY-INDUSTRIES: Ordinance No. 34658, authorizing the
granting of an easement for extension of overhead electric power
service across City-owned property, identified as Official Tax No.
6460103, and being adjacent to the Innotech, Inc., property located on
Ferndale Drive, N. W., as more particularly set forth in a report of the
Water Resources Committee dated January 4, 2000, having previously
been before the Council for its first reading on Tuesday, January 18,
2000, read and adopted on its first reading and laid over, was again
before the body, Mr. Harris offering the following for its second reading
and final adoption:
40
ACTION:
ACTION:
(#34658-020700) AN ORDINANCE authorizing the granting of an
easement for the extension of overhead electric power service across
City-owned property identified by Official Tax No. 6460103, and being
adjacent to the Innotech, Incorporated, property located on Ferndale
Drive, N. W., upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 62, page 457.)
Mr. Harris moved the adoption of Ordinance No. 34658-020700.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, Wyatt, Harris
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Council Member White was out of the Council Chamber.)
ROANOKE NEIGHBORHOOD PARTNERSHIP-ROANOKE
RENAISSANCE: Mr. Trout offered the following resolution supporting
and endorsing the proposals and principles of the Roanoke
Neighborhood Renaissance, which was appointed to make
recommendations to enhance the quality and health of the City's
neighborhoods:
(#34684-020700) A RESOLUTION supporting and endorsing the
proposals and principles of the Roanoke Neighborhood Renaissance.
(For full text of Resolution, see Resolution Book No. 62, page 491.)
Mr. Trout moved the adoption of Resolution No. 34684-020700.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, Wyatt, Harris
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Council Member White was out of the Council Chamber.)
41
ACTION:
ZONING-COUNCIL: Mr. Harris offered the following resolution
changing the place of commencement of the regular meeting of City
Council scheduled to be held at 7:00 p.m., on Tuesday, February 22,
2000, from the City Council Chamber of the Municipal Building to the
Exhibit Hall at the Roanoke Civic Center.
(#34685-020700) A RESOLUTION changing the place of
commencement of the regular meeting of City Council scheduled to be
held at 7:00 p.m., on Tuesday, February 22, 2000.
(For full text of Resolution, see Resolution Book No. 62, page 493.)
Mr. Harris moved the adoption of Resolution No. 34685-020700.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, Wyatt, Harris
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Council Member White was out of the Council Chamber.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
TRAFFIC-STREETS AND ALLEYS: Instead of widening 10th
Street, N. W., Council Member Hudson called attention to questions
raised by citizens as to the feasibility of widening Liberty Road, N. E.,
from Williamson Road to Gainsboro Road toward the new Second
Street Bridge.
The City Manager advised that there has been considerable
discussion regarding solutions, both as. to 10th Street and other roads
in the area, and recommended that the matter be submitted to Council
in the form of a work session discussion item inasmuch as the area is
a part of the City's Six Year Plan and may need certain modifications.
It was the consensus of Council to refer the matter to the City
Manager for report within 90 days and no later than Monday, June 5,
2000.
42
ACTION:
TRAFFIC: Council Member Trout inquired as to the timetable for
installation of the traffic light at the intersection of Preston Avenue and
Plantation Road, N. E.; whereupon, it was the consensus of Council to
refer the matter to the City Manager for report.
TAXES-LEGISLATION: Council Member Wyatt proposed that the
question of enacting a one cent tax on purchases of alcoholic beverage
products that would be designated specifically for refuse collection, be
referred to the Legislative Committee for review and report to Council.
BUDGET-CITY EMPLOYEES-PAY PLAN: Council Member Wyatt
referred to a benefits, pay and classification study prepared by Fox
Lawson & Associates which pointed out that certain City employees are
compensated at a lower per centage than other persons in equitable
positions in the Roanoke Valley. She requested, as a part of fiscal year
2000-01 budget study, that the City Manager review the report and
submit recommendations to bring City employees up to a fair and
equitable wage compared with similar positions in the Roanoke Valley.
It was the consensus of Council to refer the matter to the City
Manager for report to Council during fiscal year 2000-01 budget study.
PUBLIC WORKS-STREETS AND ALLEYS: In connection with
reporting potholes in City streets, the Mayor requested that the
telephone number be published in the City Page of The Roanoke Times.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
At 4:05 p.m., the Mayor declared the meeting in recess.
At 4:50 p.m., the meeting reconvened in the Council Chamber,
with Mayor Bowers presiding, and all Members of the Council in
attendance.
COUNCIL: With respect to the Closed Meeting just concluded,
Mr. Swain moved that each Member of City Council certify to the best
of his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom
of Information Act; and (2) only such public business matters as were
identified in any motion by which any Closed Meeting was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Hudson and adopted by the following vote:
43
ACTION:
ACTION:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD
PARTNERSHIP: The Mayor advised that there are vacancies on the
Roanoke Neighborhood Partnership Steering Committee created by
expiration of the terms of office of Joseph F. Huddleston, III, James G.
Pappas and R. Jean Bevins, and called for nominations to fill the
vacancies.
Mr. White placed in nomination the name of Carl D. Cooper;
Mr. Harris placed in nomination the name of Minnie Jones; and
Mr. Swain placed in nomination the name of Robin Murphy-Kelso.
There being no further nominations, Mr. Cooper, Ms. Jones and
Ms. Murphy-Kelso were appointed as members of the Roanoke
Neighborhood Partnership Steering Committee, for terms ending
November 30, 2002, by the following vote:
FOR MR. COOPER, MS. JONES AND MS. MURPHY-KELSO:
Council Members Hudson, Swain, Trout, White, Wyatt, Harris and
Mayor Bowers ............................................................................. 7.
OATHS OF OFFICE-COMMITTEES-BUILDINGS/BUILDING
DEPARTMENT: The Mayor advised that there is a vacancy on the New
Construction Code, Board of Appeals, created by expiration of the term
of office of Lynn D. Avis, and called for nominations to fill the vacancy.
Mr. White placed in nomination the name of Peter Clapsaddle.
There being no further nominations, Mr. Clapsaddle was
appointed as a member of the New Construction Code, Board of
Appeals, for a term ending September 30, 2003, by the following vote:
FOR MR. CLAPSADDLE: Council Members Hudson, Swain, Trout,
White, Wyatt, Harris and Mayor Bowers .......................................... 7.
OATHS OF OFFICE-COMMITTEES-LIBRARIES: The Mayor
advised that there is a vacancy on the Roanoke Public Library Board
created by expiration of the term of office of Marc J. Small, and called
for nominations to fill the vacancy.
44
Mr. Harris placed in nomination the name of Gene Wirt.
There being no further nominations, Mr. Wirt was appointed as
a member of the Roanoke Public Library Board, for a term ending
June 30, 2002, by the following vote:
ACTION:
FOR MR. WIRT: Council Members Hudson, Swain, Trout, White,
Wyatt, Harris and Mayor Bowers ..................................................... 7.
CITY MANAGER: The City Manager called attention to a weekly
publication prepared by the City Manager's Office known as the
"Council Update", and requested input from Council on the format and
content of the publication.
There being no further business, the Mayor declared the meeting adjourned
at 4:55 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
45
ROANOKE CITY COUNCIL ..... ROANOKE COUNTY BOARD OF SUPERVISORS
February 8, 2000
12:00 noon
A joint meeting of the Roanoke City Council and the Roanoke County Board
of Supervisors was held on Tuesday, February 8, 2000, at 12:00 noon, at the
Roanoke County Administration Center, 5204 Bernard Drive, Fourth Floor
Conference Room, Roanoke, Virginia, with Mayor David A. Bowers and Vice-Chair
H. Odell Minnix presiding.
ROANOKE CITY COUNCIL MEMBERS PRESENT: Council Members C. Nelson
Harris, W. Alvin Hudson, Jr., Carroll E. Swain, Linda F. Wyatt and Mayor David A.
Bowers ......................................................................................................... 5.
ROANOKE CITY COUNCIL MEMBERS ABSENT: Council Members William
White, Sr., and James O. Trout ........................................................................ 2.
ROANOKE COUNTY BOARD OF SUPERVISORS PRESENT: Supervisors Bob L.
Johnson, Joe "Butch" Church and Vice-Chair H. Odell Minnix ............................ 3.
ROANOKE COUNTY BOARD OF SUPERVISORS ABSENT: Supervisor Harry C.
Nickens and Chairman Joseph P. McNamara .................................................... 2.
OTHERS PRESENT: Representing Roanoke City: Darlene L. Burcham, City
Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance;
Mary F. Parker, City Clerk; Willard N. Claytor, Director, Real Estate Valuation; Kit B.
Kiser, Director, Utilities and Operations; George C. Snead, Jr., Director, Public
Safety; Robert K. Bengtson, Director, Public Works; Glenn D. Radcliffe, Director,
Human Development; and Joseph D. Slone, Director of Technology; representing
Roanoke County: Don C. Myers, Assistant Administrator for Management Services;
Paul H. Mahoney, County Attorney; John M. Chambliss, Jr., Assistant Administrator
for Human Services; Mary H. Allen, Clerk to the Board; Anne Marie Green,
Community Relations Director; William Agee, Communications Coordinator; Gary L.
Robertson, Utilities Director; and Joyce W. Waugh, Assistant Director of Economic
Development.
The invocation was delivered by Vice-Chair Minnix.
Following lunch, the business session convened at 12:30 p.m.
Vice-Chair Minnix welcomed the elected officials and administrative staff to
the meeting which provides an opportunity to work together as Roanoke Valley
governments.
WELCOME CENTERS-ECONOMIC DEVELOPMENT: Mayor Bowers advised
that the Commonwealth of Virginia has proposed a considerable investment in two
welcome centers: one at Williamsburg and one at Fredericksburg. He commended
former Senator J. Granger Macfarlane for his interest in the welcome centers, and
advised that the Governor, in his State of the Commonwealth Address, indicated that
he would support eight welcome centers, one in Fredericksburg and one in
Williamsburg, and it is believed that other welcome centers will be constructed
throughout the Commonwealth of Virginia and conceivably a welcome center could
be constructed between the New River Valley and Lexington. He encouraged
cooperation between Roanoke City and Roanoke County to secure funding for a
welcome center for this part of the Commonwealth.
Mr. Macfarlane advised that the Roanoke Valley Travelers Information Center
is not intended to be in competition with such projects as Explore Park, the new
interpretation center, activities of the City of Salem in and around the Salem Civic
Center, and efforts of the City of Roanoke to rehabilitate the downtown former
passenger rail station for the Roanoke Valley Convention and Visitors Bureau. He
noted that the City of Williamsburg has entered into an agreement with Colonial
Williamsburg and James City County to completely rehabilitate an entire multi block
area of downtown Williamsburg and to construct a large convention and visitors
bureau; and the City of Fredericksburg has agreed to support a large guest tourist
plaza complex area with an exit off of 1-95. He explained that House Bill 30 provides
planning funds for eight welcome centers to be constructed in eight different
Virginia locations, and for some time, it has been believed that a welcome center is
needed on 1-81 to attract tourists. He called attention to six acres of land owned by
the City, in addition to its other Carvins Cove land northeast of the intersection of 1-
81 and Plantation Road, as well as property owned by Hollins University, which
would provide a good location for a welcome center. He presented information on
a facility known as Tamarack that has been operating for approximately three years
in West Virginia atthe intersection of 1-77 and 1-64 which is a $16 million project, with
$16 million in sales and $860,000.00 generated in sales tax for the State of West
Virginia. He advised that Tamarack provides the nation's first and only statewide
collection of handmade crafts, arts and cuisine and is strategically positioned to
draw upon a traffic market of 50 million travelers annually. He stated that the
Roanoke Valley has an opportunity to construct at Tamarack-like facility that would
enhance not only the concept of a visitors and tourist center, but would create jobs,
tax money and opportunities for small business owners to sell their arts and crafts
in this type of setting. He encouraged Roanoke City and Roanoke County to create
a climate of agreeability and acceptance, along with their respective economic
2
development staffs, to obtain a line item in the Governor's budget this year as one
of the eight welcome centers proposed for construction. He offered to coordinate
a tour of the Tamarack facility for Roanoke City and Roanoke County
representatives.
Vice-Chair Minnix suggested that the remarks of Mr. Macfarlane be referred
to the City Manager and the Roanoke County Administrator for study and report to
their respective governing bodies.
VISITOR'S INFORMATION CENTER-ECONOMIC DEVELOPMENT: Joyce W.
Waugh, Assistant Director of Economic Development, presented an update on the
Blue Ridge Interpretative Center which is being designed as a partnership between
the National Park Service, Roanoke County and Virginia's Explore Park, and advised
that the partnership builds on a consensus planning effort among localities and
regional groups in the Greater Roanoke Valley area. She stated that the purpose of
the interpretative center is to orient visitors to the Blue Ridge Parkway and to the
surrounding region and to interpret the cultural heritage, scenic qualities and
recreational features of the parkway region in this area of Virginia; and the project
will include the history of the Blue Ridge Parkway and regional tourism information.
She explained that a Cooperative Agreement directing Federal funds to Roanoke
County is currently in effect which includes: $250,000.00 - National Park Service
(design/construction), $529,800.00 - Federal Highway Administration (construction),
$330,000.00 Roanoke County, $100,000.00 Regional Alliance (final
design/infrastructure), for a total to date of $1,209,000.00. She advised that
estimated construction cost of the project is $1.9 million, which includes 9,000
square feet, fixtures, furnishings and equipment, site work, landscaping, electrical
upgrade, wastewater upgrade, interpretative exhibit detailing, fabrication and
installation, detailed design has been completed, and water and sewer lines have
been extended. She explained that Virginia's Explore Park will own, operate and
maintain the Interpretative Center when completed; the National Park Service will
continue as a partner as required by Federal funds; and a second cooperative
agreement is being developed related to ownership, operation and maintenance.
She advised that Virginia's Explore Park agrees to donate land for the Interpretative
Center and contribute access to existing water and sewer systems which will require
extensions and connections; annual estimated cost of staffing, operations, utilities
and maintenance is $57,650.00; Roanoke County proposes to provide in-kind staffing
or additional monetary contributions and the National Park Service proposes to
assist with staffing through the Eastern National Monument Association which is a
non-profit group affiliated with the National Park Service.
3
EMERGENCY SERVICES: William Agee, Communications Coordinator,
Roanoke County, presented a history of the 800MHZ Radio system, which is a 23
channel operation that is utilized by Police, Fire, Rescue, Emergency Medical
Services, Sheriff's Departments and other public safety agencies from Roanoke
County, Roanoke City and the Town of Vinton.
Joseph D. Slone, Director of Technology, City of Roanoke, advised that the
regional radio project is successful, and reviewed the benefits of the joint system
for citizens of the Roanoke Valley, which provides the capability for fire and other
emergency medical service agencies to communicate with each other in a specific
and enables the police departments to monitor the actions of each other in a pursuit
situation. He explained that considerable Y2K planning took place at the 911 centers
which led to disaster preparedness and a contingency exercise with back up
equipment in the event of equipment failure; therefore, backup equipment for
redundancy planning is in place. He commended the teamwork that was involved
to bring together a technical and complex project from two different cultures of
doing business; and from a technical point of view, the project was done on time,
within budget and the system is fully operational. He advised that the City converted
its fire/emergency medical services operations to the new system in February 1999,
police converted to the new system in June 1999, the Departments of Public Works,
Engineering, Building and Planning, and Utility Line Services have converted to the
new system, and the two remaining City departments, Refuse Collection and Parks
and Grounds, will be converted by July, 2000.
JUVENILE CORRECTIONAL FACILITIES: John M. Chambliss, Jr., Assistant
Administrator for Human Services, Roanoke County, advised that Phase I of the
Juvenile Detention Center, which is being developed at Coyner Springs, is partially
complete consisting of four pods of beds which is a little over one-half of the
ultimate design of the facility. He stated that it is anticipated that three of the four
pods, which is approximately 48 beds, will be available for use in late May or early
June 2000, bids will be received for furnishings and equipment, the two larger pods
are already under roof, and during the construction phase, the City of Roanoke has
continued to operate the facility. He explained that a special feature proposed for
the new facility will be view conferencing capability so that residents of the facility
will not have to be transported back and forth to the courts for hearings which will
allow hearings to be conducted through the means of video camera and computer
systems linked together by telephone circuitry. He stated that it is planned to make
beds available to the participating localities on the same ratio that was approved in
the needs assessment: 48 beds are anticipated to be used, with 24 beds allocated
to the City of Roanoke,12 beds to Roanoke County, six beds to the City of Salem, five
beds to Franklin County and one bed to Botetourt County. He added that one of the
pods will be used for administrative/food preparation, and abatement will begin
immediately for any hazardous materials in the existing facility, much of which will
4
be torn down in order to renovate and construct the remaining pods/beds, for an
ultimate capacity of 81 beds which are anticipated to be available on July 1, 2000.
He added that the project has been a regional effort with assistance by State
agencies, and the Juvenile Detention Commission has issued revenue bonds to
finance capital improvements for the facility which have been structured so that
when reimbursement from the State's share of the money is received, those parts
of the bonds will be paid off and the balance of the debt service will be incorporated
in the per diem cost so that the locality using the bed will pay debt service as well
as operating costs.
Glenn D. Radcliffe, Director, Human Development, City of Roanoke, addressed
operating issues and advised that it is expected to receive 50 per cent of
construction and operational costs from the State. He added that presently, the
State cap funding for construction is $52,000.00 per bed and operational cost is
$26,000.00 per bed. He called attention to pending legislation in the General
Assembly to increase construction cost to $59,000.00 per bed and $28,500.00 per
bed for operational cost, which would provide approximately $800,000.00 in
additional funds from the State. Since the number of beds have been increased, he
advised that the number of staff positions has also been increased by 18 juvenile
care workers, and it is hoped to hire the additional staff by April 15 which will allow
time for a training period prior to opening in May/June 2000; and the Superintendent
of the facility is expected to be on staff by April/May, 2000.
WATER RESOURCES: Kit B. Kiser, Director, Utilities and Operations, City of
Roanoke, presented an update on water line connections. He advised that the
Carvins Cove Reservoir level has recovered from an all time Iow point of 29.2 feet
below spillway on September 1, 1999, to its current level of 13.7 feet below spillway
on February 8, 2000. He stated that following the City's declaration of a water supply
emergency in June, 1999, and the subsequent agreement with Roanoke County for
all water purchases, effective July 1, 1999, the City purchased water from Roanoke
County, the City of Salem, and the Town of Vinton until December 22, 1999, at which
time the Carvins Cove level had gained to 15 feet below spillway level.
Mr. Kiser stated that the one raw water well at Carvins Cove Filter Plant is
complete; City staff is negotiating a contract to recommend to Council to locate,
design and supervise construction of three additional wells, one at Carvins Cove
recreation area, one additional raw water well at the Filter Plant and one finish water
production well that would use the existing Riverland Road, S. E., water storage tank
as a chlorine contact tank. He added that all planned interconnections have been
made, except the one involving joint City/County construction of 11,000 feet of a 16
inch line along Lock Haven Road, which construction, planned for this spring, will
complete the connections needed to allow the City to purchase a net volume of four
million gallons per day from Roanoke County.
Mr. Kiser explained that rather than the City selling the County two million
gallons of water per day, the City will have the ability to purchase four million
gallons per day from the County, up to two million gallons per day from Salem and
a little more than one million gallons per day from the Town of Vinton (depending on
the water system demands for those jurisdiction on a day to day basis); and, in
effect, the changes made prior to 1999, those made in 1999 and those planned this
spring mean that the City can reduce the draw from Carvins Cove Reservoir by nine
million gallons per day; during the height of the drought last fall, and during the
mandatory restrictions phase that began when the Reservoir level reached 24 feet
below spillway, the demand on Carvins Cove dropped from a normal output of 16
million gallons per day to six million gallons per day;. and these changes led to a 28
per cent water rate increase, 18 per cent of which became effective on January 1,
2000, and the remaining ten per cent will be effective on January 1, 2001.
Mr. Kiser advised that the Carvins Cove Reservoir has not recovered and it is
not known if it will recover this spring; however, if the Cove does not recover, the
City should consider resuming the purchase of water if the level drops to 18 feet
below spillway, rather than waiting to see if the level drops to 22 feet as was done
in 1999. Also, he noted thatthe Roanoke Valley Alleghany Regional Commission has
invited representatives from the City of Roanoke, the City of Salem, the County of
Roanoke, the Town of Vinton, and Botetourt County to discuss water supplies and
system interconnections, and representatives of Bedford County are to be invited
to the next meeting; Council Member W. Alvin Hudson, Jr., represents the City of
Roanoke at the meetings; and the Commission has embraced the following goals:
Examine present and future needs,
Establish as many system interconnects as feasible,
Maximize utilization of existing resources,
Make recommendations for adequate water supply for the region's future.
He added that the Commission has identified a list of major system
interconnections.
Gary L. Robertson, Utilities Director, County of Roanoke, presented
information on water interconnections, specifically in regard to existing connections
prior to the summer of 1999 which allowed the City of Roanoke to get water from
Roanoke County at only two locations: Grandin Road and Ogden Road. Since 1999,
he called attention to construction of the Lock Haven I line from Route 419 to Lock
Haven Road and 1-81 that allowed Roanoke County to serve the North Lakes area
located in Roanoke County which decreased the demand for water from the Carvins
Cove Reservoir, and provided two more interconnections to Roanoke City that
allowed the Valley Point/North Lakes Drive area to be served. Next, he stated that
Roanoke County constructed a small section of water line from Penn Forest
6
Boulevard to Route 419 along Colonial Avenue which allowed the County to take a
small section of line between Brambleton Avenue, Colonial Avenue and Route 419
to the City line and provide two more water lines to the City via Spring Hollow; and
in the summer of 1999, the City made a connection to the County's line along Route
460 at the City/County line which allowed the City to obtain water from the Town of
Vinton. He explained that the Lock Haven II line will be jointly constructed by the
City and the County, Roanoke County prepared the design and will provide all
building materials and City crews will provide the construction, which consists of
about two miles of water line along Lock Haven Road to Belle Haven Road and will
provide the capability to serve most of the remaining parts of North County with
Spring Hollow water and provide two to four interconnections to Roanoke City in the
northern part of Roanoke County. He advised that with completion of the last water
line, there is the capability to bring Spring Hollow water to approximately two-thirds
of the Roanoke Valley.
At this point, 1:30 p.m., Mayor Bowers left the meeting and Vice-Mayor Harris
presided over the remainder of Roanoke City's participation in the joint meeting.
LEGISLATION: Mr. Johnson advised that the governments of the Roanoke
Valley should organize and join forces to defend their positions in order to receive
their fair share of funding from the Commonwealth of Virginia. He stated that the
Roanoke Valley must either speak as one voice in this part of the Commonwealth,
or the localities will be left behind. He urged that elected and appointed officials join
forces with their colleagues from this part of the state and defend their positions.
There being no further business, the Vice-Mayor declared the City Council
meeting adjourned at 1:40 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
7
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
February22,2000
12:15 p.m.
The Council of the City of Roanoke met in regular session on Tuesday,
February 22, 2000, at 12:15 p. m., the regular meeting hour, in the City Council
Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, Virginia, with Mayor David A. Bowers presiding, pursuant to Rule 1,
Re~lular Meetinqs, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council Members Carroll E. Swain, James O. Trout, William White,
Sr., Linda F. Wyatt, C. Nelson Harris, W. Alvin Hudson, Jr. and Mayor David A.
Bowers ......................................................................................................... 7.
ABSENT: None ..................................................................................... 0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker,
City Clerk.
At 12:20 p.m., the Mayor declared the meeting in recess.
At 12:25 p.m., the meeting reconvened in the Emergency Operations Center
Conference Room, Room 159, Municipal Building, with Mayor Bowers presiding, and
all Members of the Council in attendance.
ZONING: The City Manager introduced Evelyn S. Lander, Chief, Planning and
Community Development, for a briefing on the proposed Raleigh Court rezoning and
an update on citizen concerns, which is scheduled for a public hearing at the
7:00 p.m. Council session.
Ms. Lander advised that in January, 2000, Council approved an amendment
to the RM-1, Multi-Family Residential Zoning District, that helped to address one of
the housing issues facing many of Roanoke's neighborhoods, which is the
abundance of multi-family development within the City. She stated that
approximately 45 per cent of the City is presently zoned for multi-family development
which is not a healthy balance, with too many persons and families living on small
lots or in townhouses that have been converted to apartments. She added that the
abundance of multi-family zoning and development goes back to urban renewal
efforts during the 1960's when much of the City was targeted for higher density
housing and industrial development which was, at the time, an answer for
revitalizing the City. She stated that redevelopment did not occur in that pattern and
some of Roanoke's neighborhoods are left with now undesirable zoning patterns
that do not reflect the existing or future desirable land uses across the City. She
explained that the public hearing on the 7:00 p.m., Council docket involves changes
in the zoning district in Greater Raleigh Court, which changes have been
recommended by the City Planning Commission and are the result of a
neighborhood planning effort that was completed in Raleigh Court last year, and will
be addressed in other neighborhoods across the City. She added that the plan that
was adopted by Council in May 1999 recommended that the City evaluate the multi-
family, RM-1 and RM-2 zoning district in Raleigh Court, reviewexisting land uses and
patterns and determine where changes were needed to promote neighborhood
stabilization and compatible balanced housing which would encourage residential
property investment. She stated that approximately 40 per cent of Raleigh Court is
zoned for multi-family development; the proposed zoning changes are not meant to
target rental housing versus owner occupied housing, but are intended to match
existing land uses and development patterns with those that are desired for the
future. She further stated that the City Planning Commission wishes to promote
compatible residential development that allows for development that is suitable
according to lot size, to appropriate population density and to protect all property
investments. She advised that public workshops were held with residents of
Raleigh Court, members of the Roanoke Regional Home Builders Association,
members of the Roanoke Valley Association of Realtors and other interested
neighborhood leaders to discuss housing and zoning issues facing Raleigh Court,
because many of these issues are also shared by other neighborhoods, and as a
result of the workshops, the RM-1 amendment was approved by Council, and the
Planning Commission then began to look specifically at areas in Raleigh Court
where zoning and existing land use conflicted. She stated that once those areas
were identified and discussed with the Planning Commission, a public hearing was
scheduled for January 12, but prior to the public hearing all property owners, which
totaled over 1000, were mailed a detailed letter notifying them of the proposed
rezoning and explaining the purpose of the rezoning proposal, all of the properties
were individually posted, two legal advertisements were placed in The Roanoke
Times and additional information was published in the City Page of The Roanoke
Times.
Ms. Lander reviewed the following specifics of the proposal:
The City Planning Commission has identified five areas for
comprehensive rezoning changes, as more fully set forth on a map
which was provided to each Member of Council; 312 parcels are
recommended for rezoning from RM-2 to RM-I and 702 parcels are
recommended to be rezoned from RM-1 to RS-3, which areas are
2
inappropriately zoned based on existing land use and are desired for
appropriate future development. City planners designated these areas
based upon a specific criteria for drawing zoning boundaries, and lines
were drawn that would result in consistency of zoning on both sides of
the street to insure that there is equality in similarly situated properties,
and to minimize the number of non-conforming properties or those
uses that would not be permitted under the new zoning district;
therefore, areas were selected for change where at least 80 per cent of
the existing uses were of the same land use. Even with the proposed
rezoning changes, approximately 20-25 per cent of the Greater Raleigh
Court neighborhood will continue to be zoned for multi-family
development which is important because all of Roanoke's
neighborhoods have to provide a healthy balance of various housing
types and provide affordable housing, and Raleigh Court is not trying
to promote an elitist neighborhood where all property is zoned single
family. It was determined in the various meetings and at the City
Planning Commission public hearing that was held in January that
property owners who have an existing duplex or apartment will be
permitted to continue to use the properties and to sell the properties
with that use; however, if the properties are discontinued for greater
than two years, or if the property is damaged by greater than 50 per
cent, that particular use would not be permitted under the new zoning
district and could not be reestablished or reconstructed, therefore, any
new use of the property must be in accordance with the uses that are
permitted in that district. The 50 per cent provision was identified by
some citizens as an area of concern, especially by those persons who
have existing uses that could become non-conforming. This provision
has been included in the zoning ordinance for a number of years and
citizens requested that the City Planning Commission review the
requirement to insure that their investment, especially in regard to bank
refinancing and for insurance purposes, would be protected. As a
result of research following the City Planning Commission meeting in
January, the City's Zoning Administrator advised that for the last ten
years, there have been no instances of non-conforming structures
being destroyed to the extent that they could not be rebuilt. Planning
staffthen researched how other communities address non-conforming
uses and found that other cities had instances where the uses were
able to be rebuilt, even if they were destroyed beyond 50 per cent, and
the City discovered that its ordinance was more conservative than
certain other communities. In response to citizen concerns, Planning
staff is currently working with the City Attorney's Office on specific
language that will amend the City's Zoning Ordinance to allow the
reconstruction of certain non-conforming uses, such as if the structure
3
is a residential property in a residential zone, the structure could be
reestablished if it is damaged by greater than 50 per cent. Planning
staff will submit a draft amendment to the City Planning Commission
at its meeting on March 15, followed by a public hearing on April 19,
and Council could hold its public hearing on May 15.
In summary, Ms. Lander advised that the zoning recommendations that
Council will consider at its 7:00 p.m., session this evening are important
recommendations that are needed in the Raleigh Court neighborhood to balance
housing types, to encourage investment and to protect the quality of life for the
residents residing in the area and for those residents that the City wishes to attract
to the area. She asked that the concerns of residents regarding the 50 per cent
damage provision be placed in the proper perspective and not be used as a reason
for delaying the needed action for zoning changes in Greater Raleigh Court.
ACTION: Without objection by Council, the Mayor advised that the briefing would be
received and filed.
POLICE DEPARTMENT: The City Manager introduced a briefing with regard
to the new Roanoke City Police Building, 348 Campbell Avenue, S. W., design,
construction, and bid schedule, and additional facilities that will be required to
accommodate the total needs of Roanoke's Police Department of the future.
George C. Snead, Director, Public Safety, advised that in the early 1970's, the
Police Department moved to its existing facility which was intended to be a seven
to ten year solution. He stated that Phase I of the project will address many
compelling key issues for the Police Department to operate out of the existing
structure. He called attention to a report of Daniel Smith and Associates, a firm
employed by the City to review all City space needs in 1996, which identified the
Police Department as the number one priority for facility needs throughout the City;
and the Capital Improvements Program Citizens Advisory Committee identified the
space needs of the Police Department as a critical project, and Council supported
and funded the recommendation. Mr. Snead explained that the original building
consisted of 20,000 square feet of floor space on two floors, plus a partial basement,
the project includes a third floor, plus remodeling the original two floors to
accommodate 24 hour police activities; and an additional 7,600 square feet of space
was added to the rear of the building at the basement and first floor level to
accommodate other 24 hour police functions, for a total project area of 37,600
square feet. He advised that Police Department administration will remain in the
Third Street Building until Phase II of the building and will duplicate the square
footage. He noted that bids were received on December 22, 1999 with Thor, Inc.,
4
submitting the Iow bid in the amount of $4,335,000.00 and 390 consecutive calendar
days construction time, which bid exceeded available funding for the project; and
negotiations took place which resulted in a cost reduction for a contract amount of
$4,015,200.00.
Bane Coburn, representing the City Engineer's Office, discussed the concept
of the project, and Larry Doyle and Ronald Martin, representing Martin and
Associates, Architects and Engineers, explained project details.
ACTION: Without objection by Council, the Mayor advised that the briefing would be
received and filed.
At 1:35 p.m., the Mayor declared the meeting in recess until 2:00 p.m.
At 2:00 p.m., on Tuesday, February 22, 2000, the regular meeting of City
Council reconvened in the Roanoke City Council Chamber, fourth floor, Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council
Members in attendance, Mayor Bowers presiding.
PRESENT: Council Members Carroll E. Swain, James O. Trout, William White,
Sr., Linda F. Wyatt, C. Nelson Harris, W. Alvin Hudson, Jr. and Mayor David A.
Bowers ......................................................................................................... 7.
ABSENT: None ...................................................................................... 0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie,
Sr., Assistant City Manager; William M. Hackworth, City Attorney; James D. Grisso,
Director of Finance; and Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by Mayor David A. Bowers.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
INTRODUCTIONS AND PRESENTATION-~:
SISTER CITIES: The Mayor introduced guests from St. Lo,
France, one of Roanoke's Sister Cities on the Normandy coast. He
presented each member of the delegation with a Honorary Citizen
Certificate.
5
ACTION:
ACTS OF ACKNOWLEDGEMENT-FLOOD REDUCTION/CONTROL:
The Mayor presented a Plaque of Recognition to John G. Reed,
representing the City Engineer's Office, for his work in connection with
the successful participation by the City of Roanoke in the National
Flood Insurance Program Community Rating System, in recognition of
a series of activities undertaken by the City of Roanoke to protect its
citizens from losses by flooding and for significantly exceeding the
requirements for National Flood Insurance Program participation and
effective flood plain management.
On behalf of the Council, the Mayor commended and
congratulated Mr. Reed for his work in connection with the City's flood
insurance program.
POLICE DEPARTMENT-ACTS OF ACKNOWLEDGEMENT:
Mr. Harris offered the following resolution:
(#34686-022200) A RESOLUTION expressing appreciation to the
Retired Persons Services for their generous donation of a Malinois
canine for the police department's canine unit.
(For full text of Resolution, see Resolution Book No. 62, page 494.)
Mr. Harris moved the adoption of Resolution No. 34686-022200.
The motion was seconded by Mr. Trout' and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ....................................................................... 0.
The Mayor presented a ceremonial copy of the above referenced
resolution to John Morgan and John Payne, representing the Retired
Persons Services.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent
Agenda were considered to be routine by the Members of Council and
would be enacted by one motion in the form, or forms, listed on the
Consent Agenda, and if discussion was desired, that item would be
6
ACTION:
ACTION:
removed from the Consent Agenda and considered separately. He
called specific attention to one request for a Closed Meeting to discuss
personnel matters with regard to vacancies on various authorities,
boards, commissions and committees appointed by the Council.
COMMITTEES-COUNCIL: A communication from Mayor David A.
Bowers requesting that Council convene in a Closed Meeting to
discuss personnel matters relating to vacancies on various authorities,
boards, commissions and committees appointed by the Council,
pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended,
was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White moved that Council concur in the request of the Mayor
to convene in a Closed Meeting to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and
committees appointed by the Council; pursuant to Section 2.1-344
(A)(1), Code of Virginia (1950), as amended. The motion was seconded
by Mr. Swain and adopted by the following vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ....................................................................... 0.
CITY SHERIFF-CITY JAIL: A communication from Mayor David A.
Bowers transmitting correspondence from the Honorable George M.
McMillan, City Sheriff, advising that the Roanoke City Jail has been fully
accredited by the National Commission on Correctional Health Care,
was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White moved that the communication be received and filed.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers .................. ; ........................................ 7.
NAYS: None ....................................................................... 0.
7
ACTION:
ROANOKE NEIGHBORHOOD PARTNERSHIP-ROANOKE ARTS
COMMISSION-OATHS OF OFFICE-COMMITTEES: The following reports
of qualification were before Council:
Carl D. Cooper as a member of the Roanoke Neighborhood
Partnership Steering Committee for a term ending
November 30, 2002; and
Mark C. McConnel as a member of the Roanoke Arts
Commission for a term ending June 30, 2001.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
Mr. White moved that the reports of qualification be received and
filed. The motion was seconded by Mr. Swain and adopted by the
following vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ....................................................................... 0.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
ECONOMIC DEVELOPMENT: Philip F. Sparks, Executive Director,
Roanoke Valley Economic Development Partnership, presented an oral
Annual Report of the Partnership. He advised that the Johnson &
Johnson Vision Products announcement occurred in 1999, and was an
investment of $125 million with approximately 600 new jobs in Phase
I, and Phase II will be an investment of about $200 million, and more
than 1200 jobs; a $38 million project in Botetourt County generated 200
new jobs; and a $17 million investment project in Craig County created
initially approximately 88 jobs. In terms of projects addressed by the
Partnership last year, he stated that $179 million was invested, and 874
new jobs were established in the short term. He advised that from 1980
to 1998, the Roanoke Valley Economic Development Partnership and its
partners consisting of the various localities have announced
approximately $670 million worth of projects and retail sales
correspondingly have grown approximately $1.7 billion.
8
ACTION:
Without objection by Council, the Mayor advised that the Annual
Report would be received and filed.
PETITIONS AND COMMUNICATIONS:
HEALTH DEPARTMENT-YOUTH-CHIP: A communication from
Vice-Mayor C. Nelson Harris advising that the City Health Department's
Dental Program, which has provided vital services to Roanoke's
children and to their families over the years, is now in jeopardy, was
before Council.
Vice-Mayor Harris further advised that the Dental Program is not
mandated by the Commonwealth of Virginia and therefore, is no longer
receiving financial support from Richmond; the Dental Program's future
is further complicated by its ongoing struggle to attract and to retain a
qualified, full-time dentist due to salary and other components;
consequently, the Dental Program is no longer operating at capacity as
it has in recent years; and given the critical service this program
provides and the population it serves, it is hoped that Council will seek
whatever means possible to assist the program and to enable it to be
brought back to the service standard advocated by the City's Health
Department officials.
It was further advised that during the period of July 1, 1998,
through June 30, 1999, the Roanoke City Health Department Dental
Program recorded 2,100 patient visits, resulting in services valued at
$243,722.00; a few years ago, the Roanoke City Health Department
Dental Program employed two full-time dentists; presently, there is one
part-time dentist and given the fact that Roanoke City has over 7,000
children who, under Federal guidelines, qualify for free or reduced-
price school lunches, the client population for this service is significant
and far exceeds the ability of being adequately served by a part-time
position.
Vice-Mayor Harris pointed out that while Medicaid does pay up
to a certain amount for dental care, the vast majority of private sector
dentists in the area do not accept Medicaid patients; therefore, he
recommended that the matter be referred to the City Manager for
review. He noted that the City Health Department plans to forward a
request to Council for funding, and may ask Council, through a
Supplemental Budget request, to provide the financial difference
between operating costs of the program and what the Health
Department receives in payments and reimbursements; it is anticipated
ACTION:
that the request will be in the range of $60,000.00 to $70,000.00, and
while this request will be a matter for 2000-01 budget study in the
coming weeks, he requested the suppo.rt of Council in addressing the
matter.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris moved that the communication be referred to the City
Manager for study, report and recommendation and to 2000-01 budget
study. The motion was seconded by Ms. Wyatt.
Council Member Swain requested input from the school system
in regard to sharing in the cost of the dental program; Council Member
Trout suggested that the matter be included in the City's 2001
Legislative Program for funding assistance from the General Assembly
based upon the average household income level, and inquired as to
whether dental care services are provided by the Bradley Free Clinic;
and the Mayor requested a clarification as to why Roanoke County and
the City of Salem provide dental health care for children through their
public Health Department, while the Roanoke City Health Department
does not provide the same service.
Robin Haldiman, representing the Child Health Investment
Partnership (CHIP), encouraged the City to address the issue, and
advised that in a statewide study of Medicaid, only 18 per cent of
children with Medicaid had access to the services of a dentist. She
stated that 218 children under the Child Health Investment Partnership
previously had access to the services of the Roanoke City Health
Department dentist, however, that access is no longer available. She
advised that based on statistics in a study performed by the Community
Based Health Care Coalition, the second leading excuse for school
absenteeism in the Roanoke Valley is tooth ache related causes. She
implored Council to consider the consequences of the lack of dental
care services for the children of the Roanoke Valley.
The motion offered by Mr. Harris, seconded by Ms. Wyatt was
unanimously adopted.
BUDGET-SCHOOLS: A communication from the Roanoke City
School Board requesting appropriation of funds to the following school
accounts, was before Council.
10
$36,000.00 for the Addison Aerospace Middle School
renovation project for the replacement of auditorium
lighting and sound systems; funding will be provided from
1997 Capital Bond Funds.
$85,322.00 from the Capital Maintenance and Equipment
Replacement Fund to provide for the division-wide
replacement of music instruments, for administrative
computer technology, for equipment replacement in the
magnet school programs, for facility maintenance
equipment needs, for high school athletic field
improvements, and for the replacement of a food service
delivery vehicle.
$18,881.00 for the Perkins Act program to provide funds
for vocational equipment; this continuing program will be
100 per cent reimbursed by Federal funds.
$10,081.00 for the Western Virginia Regional Science Fair;
this continuing grant program will be funded with
contributions from participating school districts with a
local match of $2,000.00.
$22,134.00 for the Refugee School Impact Grant; this new
grant program will use Federal funds on a reimbursement
basis to provide services to refugee children.
A report of the Director of Finance recommending that Council
concur in the request of the School Board, was also before the body.
(For full text, see communication and report on file in the City Clerk's
Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34687-022200) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 General, School and School Capital Projects
Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 495.)
11
ACTION:
Mr. Trout moved the adoption of Ordinance No. 34687-022200.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ....................................................................... 0.
CITY CODE-JUVENILE CORRECTIONAL FACILITIES-PENSIONS:
A communication from Jesse A. Hall and Glenn D. Radcliffe,
Commissioners, Roanoke Valley Detention Commission, advising that
on October 7, 1998, the Roanoke Valley Detention Commission (RVDC)
Service Agreement was executed by the following localities: City of
Roanoke, City of Salem, County of Botetourt, County of Franklin and
County of Roanoke, was before Council.
It was further advised that RVDC was created to renovate the 21
bed facility and construct an addition to the existing Detention Center,
and to equip, maintain and operate the expanded 81 bed Detention
Center; upon completion of Phase I, scheduled for May 2000, the facility
will be placed in service and the RVDC will assume responsibility for
operation; Section 4.10 of the Service Agreement states that current
employees of the existing Detention Center will become employees of
the Commission, but will remain members of the City of Roanoke
Pension Plan; and the service agreement did not provide for new
employees hired by the RVDC to be members of the City's Pension
Plan.
It was explained that the Commission adopted a resolution on
January 20, 2000, requesting that all new full time employees also be
members of the City's pension plan; and required contributions on
behalf of the employees will be paid to the Pension Plan by the RVDC.
Mr. Hall and Mr. Radcliffe recommended that Council adopt an
ordinance authorizing current and future employees hired by the
Roanoke Valley Detention Commission to be eligible for membership
in the City's pension plan, which recommendation has been discussed
with the City Manager and the Director of Finance, both of whom
concur in the recommendation.
(For full text, see communication on file in the City Clerk's Office.)
12
ACTION:
Mr. Trout offered the following emergency ordinance:
(#34688-022200) AN ORDINANCE amending and reordaining
§22.1-3, Membership Generally, of Chapter 22.1, Pensions and
Retirement, of the Code of the City of Roanoke (1979), as amended, by
adding a new subsection, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 497.)
Mr. Trout moved the adoption of Ordinance No. 34688-022200.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ....................................................................... 0.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
PUBLIC WORKS-ENVIRONMENTAL POLICY: The City Manager
submitted a written report advising that the City of Roanoke has been
working to resolve environmental issues at the Public Works Service
Center and is now ready to move forward with a goal to assure that
such incidents are not repeated and to ensure that Roanoke remains in
compliance with all environmental rules and regulations; and it is the
goal of the City to set an example in the area of environmental concerns
by taking a proactive approach to make the City a better place to live
and to work by finding ways to continually enhance the environment.
It was further advised that on January 19, 2000, a 15 member
environmental policy team, which included representatives of the City
Attorney's Office, the City Manager's Office, Public Safety and Public
Works, prepared a draft environmental policy statement, which will
govern operational methods for all facilities that the City of Roanoke
13
operates or controls; and employees at all levels will be trained,
monitored, and required to adhere tO every aspect of the policy
statement.
It was explained that the policy statement, upon approval by
Council, will be the backbone of Roanoke's Environmental Management
System; and Council's approval is necessary to enable immediate steps
to incorporate the environmental management system into Roanoke's
standard business practices and to initiate employee training.
The City Manager recommended that Council approve a
proposed Environmental Policy for the City of Roanoke.
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following resolution:
(#34689-022200) A RESOLUTION adopting an Environmental
Policy for Roanoke.
(For full text of Resolution, see Resolution Book No. 62, page 498.)
ACTION:
Mr. White moved the adoption of Resolution No. 34689-022200.
The motion was seconded by Mr. Harris.
Mr. William Tanger, 223 Albemarle Avenue, S. W., (business
address) advised that he finds no fault with the City's proposed
environmental policy; however, he encouraged more specificity
whereby the City will periodically review environmental objectives. He
spoke in support of an annual environmental review that would provide
citizens with a report on how the City rates in regard to such subjects
as air quality, solid waste, and condition of the City's water supply for
both drinking and swimming, etc.
Upon question, the City Manager indicated that Council will
receive an interim report on implementation of the environmental policy
within three to six months, followed by annual reports.
Resolution No. 34689-022200 was adopted by the following vote:
14
AYES: Council Members Swainl Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ....................................................................... 0.
SEWERS AND STORM DRAINS-BUDGET-WATER RESOURCES:
The City Manager submitted a written report advising that the No. 7
methane gas powered blower engine at the Water Pollution Control
Plant has been in service since 1973 and has outlived its economic life
and needs to be replaced; it has been determined that a variable
frequency drive electric motor will provide dependable service with less
maintenance and repair than the present engine; after proper
advertisement, proposals were received on January 7, 2000, for the
design of the 1750 HP 4160 Volt variable frequency drive electric motor,
development of contract documents for construction of the motor, and
supervision of the purchase and installation of the motor at the Water
Pollution Control Plant; bids will be taken on the motor and installation
after completion of contract documents; and only one proposal was
received from Spectrum Engineers, P. C.
It was further advised that Spectrum Engineers, P. C. designed
the original 1700 HP direct drive motor and related work; after
interviewing the firm, the review team deemed Spectrum Engineers
capable of the design work for the project, and a fee for engineering
design and other services was negotiated in the amount of $21,000.00;
it is estimated that cost of construction of the project is $550,000.00;
therefore, the fee for design and other services is reasonable; and
funding exists in the Water Pollution Control Plant Retained Earnings
Account to be transferred as follows:
Fee for Services
Advertising, reproduction of
contract documents, etc.
Total
$21,000.00
2,000.00
$23,000.00
Funding needs to be appropriated to a new capital account in the
Sewer Fund entitled, "Variable Frequency Drive Electric Motor."
The City Manager recommended that Council adopt a proposed
budget ordinance to appropriate funds for a contract with Spectrum
Engineers, P. C., to perform the above described services.
(For full text, see report on file in the City Clerk's Office.)
15
ACTION:
Mr. Trout offered the following emergency budget ordinance:
(#34690-022200) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Sewage Treatment Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 499.)
Mr. Trout moved the adoption of Ordinance No. 34690-022200.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ....................................................................... 0.
SEWERS AND STORM DRAINS-BUDGET-FLOOD
REDUCTION/CONTROL: The City Manager submitted a written report
advising that drainage problems have existed for many years along
Salem Turnpike in the vicinity of 29th Street to 31st Street, adjacent to
the Lansdowne Park neighborhood, which include standing water on
and along the roadway and drainage and erosion problems on private
property; the scope of work for a project to address the situation will
include evaluation of drainage watersheds for the area and preparation
of engineering design and construction documents for drainage
structures and systems as required and within the project budget.
It was further advised that the Salem Turnpike Drainage Project
was included in the Capital Improvement Program (CIP), approved by
Council on July 21, 1997 and received a high priority rating, with
funding established in the 1997 Bond Referendum; following a Request
for Proposals and review of proposals, Lumsden Associates, P. C., was
selected to perform design services for the project; the proposed
contract with Lumsden Associates, P. C., provides for an engineering
design of the Salem Turnpike Drainage Project within the construction
and property rights acquisition budget of $458,420.00; engineering
design will utilize grading, curb and gutter, storm drain piping and
drainage structures as required; Lumsden Associates, P. C., submitted
a proposal of $37,800.00 for professional design services and adding
a ten per cent ($3,780.00) contingency for potential scope of work
changes in project design would bring the total fee to $41,580.00; and
16
ACTION:
information mailers will
neighborhood meetings
design phases.
be sent to individual property owners and
will be scheduled from conceptual to final
The City Manager recommended that Council transfer funds for
the design of the Salem Turnpike Drainage Project, 29th Street to 31st
Street, as follows:
Public Improvement Bond Series 1992A,
Account No. 008-052-9700-9176
Public Improvement Bond Series 1996,
Account No. 008-052-9701-9176
Total
$18,280.00
23,300.00
$41,580.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34691-022200) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 500.)
Mr. Trout moved the adoption of Ordinance No. 34691-022200.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ....................................................................... 0.
Council Member Swain advised that it was his understanding that
a meeting will be scheduled in the near future by City staff regarding
the Forest Park Watershed situation, and suggested that neighborhood
leaders be invited to participate.
BUDGET-CONSULTANTS REPORTS-WATER RESOURCES: The
City Manager submitted a written report advising that in response to the
1999 drought and water conservation efforts, City staff was directed to
investigate alternative water supply sources; one such alternative is the
use of groundwater, more commonly known as wells; a Preliminary
Groundwater Resource Development Report was prepared for the City
17
ACTION:
by HSl Geotrans of Glen Allen, Virginia, which concluded that there is
a good opportunity for development of groundwater resources in the
City of Roanoke and identified eight potential well sites; and one
production well has been drilled and placed into service at the Carvins
Cove Water Treatment Plant which is currently producing
approximately 300,000 gallons of water per day.
It was further advised that the proposed engineering services
contract with Mattern & Craig, Inc., and its subcontractor, HSI Geotrans,
will provide for further groundwater resource development; the
contract will provide engineering services for the design and
development of construction documents for one additional production
well at Carvins Cove, a well system to provide potable water to the
concession area at Carvins Cove, and one production well to be located
in southeast Roanoke City; and contract value is $135,525.00 and
estimated total cost of developing the proposed wells, including the
contract, is approximately $625,000.00.
The City Manager recommended that she be authorized to
execute a contract with Mattern & Craig, Inc., for groundwater
development, in a form to be approved by the City Attorney, at an initial
contract value of $135,525.00; and authorize the Director of Finance to
appropriate $150,000.00 from Water Fund Retained Earnings to an
account entitled, "Groundwater Development", to provide funds for the
contract and a $14,475.00 contingency fund.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34692-022200) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Water Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 501.)
Mr. Trout moved the adoption of Ordinance No. 34692-022200.
The motion was seconded by Mr. White and adopted by the following
vote:
18
ACTION:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ....................................................................... 0.
Mr. Trout offered the following resolution:
(#34693-022200) A RESOLUTION authorizing a contract with
Mattern & Craig, Inc., for engineering services for the design and
development of construction documents and related work for wells or
systems for alternative water supplies.
(For full text of Resolution, see Resolution Book No. 62, page 502.)
Mr. Trout moved the adoption of Resolution No. 34693-022200.
The motion was seconded by Mr. White and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers .................. ; ........................................ 7.
NAYS: None ....................................................................... 0.
POLICE DEPARTMENT-BUDGET-GRANTS: The City Manager
submitted a written report advising that the Police Department currently
has no specialized domestic violence response unit; felony domestic
violence crimes are investigated by the Criminal Investigations Bureau,
while most misdemeanor domestic violence crimes are investigated by
the patrol officer who receives the initial report; and the need exists to
provide investigation, support, and documentation of domestic
violence offenses in the City.
It was further advised that the Virginia Department of Criminal
Justice Services (DCJS) provides annual grant funds for activities
which increase the apprehension, prosecution, and adjudication of
persons committing violent crimes against women, which program is
known as "Services, Training, Officers, Prosecution Violence Against
Women (V-STOP); in calendar year 1999, DCJS grant funds provided
the Police Department with a half-time Domestic Violence Specialist
who provided services to 630 victims of domestic violence; DCJS grant
funds, in the amount of $33,721.00, have been awarded for calendar
year 2000, which funds will expand the half-time Domestic Violence
Specialist to a full-time position to provide services to approximately
19
ACTION:
1400 victims; and V-STOP funding will continue through 2001 and is
anticipated to be extended through 2003, with annual reapplication for
funds required.
The City Manager explained that to fully implement V-STOP grant
activities, the City will provide an in-kind match of $22,212.00; and as
the City in-kind match, a Senior Police Officer will work part-time
(salary plus benefits) investigating domestic violence cases in
coordination with the Domestic Violence Specialist civilian position.
The City Manager recommended that Council authorize
acceptance of grant funds and that she be authorized to execute grant
agreement(s) and any other grant documents related to the V-STOP
grant; and that Council appropriate $33,721.00 from the Virginia
Department of Criminal Justice Services V-STOP grant program to
accounts established by the Director of Finance in accordance with
State grant requirements.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#34694-022200) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Grant Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 502.)
Mr. Hudson moved the adoption of Ordinance No. 34694-022200.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ....................................................................... 0.
Mr. Hudson offered the following resolution:
(#34695-022200) A RESOLUTION accepting the Services,
Training, Officers, Prosecution Violence Against Women (V-STOP)
Grant offer made to the City by the Virginia Department of Criminal
Justice Services and authorizing execution of any required
documentation on behalf of the City.
(For full text of Resolution, see Resolution Book No. 62, page 504.)
2O
ACTION:
Mr. Hudson moved the adoption of Resolution No. 34695-022200.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ....................................................................... 0.
Council Member Wyatt inquired as to the specific type of training
required for the Senior Police Officer investigating domestic violence
cases; whereupon, the Director of Public Safety advised that he would
provide detailed information regarding the nature of training.
POLICE DEPARTMENT-TELEPHONE COMPANIES: The City
Manager submitted a written report advising that the City has
supported the C. A. R. E. Patrol since it began on May 21, 1997;
C. A. R. E. is an acronym for a trained group of citizen volunteers
known as the Crime Abatement Residential Effort Patrol; the Patrol is
a citizen organization that voluntarily patrols designated
neighborhoods in teams with cellular telephones donated by U. S.
Cellular; the teams are not permitted to intervene in any way other than
to observe and report information; the Police C. A. R. E. Advisor trains
the C. A. R. E. members on limitations and patrol techniques; the Police
Department acts in an advisory capacity to the C. A. R. E. Patrol, which
is self-governed and operates within bylaws; U. S. Cellular also
provides cellular phones and services to Roanoke Police Department
participants in U. S. Cellular's S. A. F. E. program for domestic
violence; the cellular telephones are used only in dialing 911
emergency services; citizen interest in the program is high and there
is an increase in the sense of volunteerism, with three additional
classes having been held to train more citizens in the use of cellular
phones; and in order to continue the use of the cellular telephones,
U. S. Cellular requires that a liability release be executed on behalf of
the City.
The City Manager recommended that she be authorized to
execute the agreement with U. S. Cellular.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following resolution:
21
ACTION:
(#34696-022200) A RESOLUTION authorizing execution of an
agreement between the City of Roanoke and U.S. Cellular, providing for
use of cellular phones for the Crime Abatement Residential Effort
(C.A.R.E.) patrol program.
(For full text of Resolution, see Resolution Book No. 62, page 505.)
Mr. Hudson moved the adoption of Resolution No. 34696-022200.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ....................................................................... 0.
HOUSING/AUTHORITY-HIGHER EDUCATION CENTER-
DOWNTOWN NORTH-HENRY STREET REVIVAL COMMITTEE-BUDGET:
The City Manager submitted a written report advising that on
September 14, 1999, the City approved an agreement between the City
of Roanoke, the Roanoke Higher Education Authority and the Roanoke
Redevelopment and Housing Authority by which the City granted $2.5
million to the Roanoke Higher Education Authority (RHEA) to be used
to renovate and to improve the Roanoke Higher Education Center
building.
It was further advised that the City has completed a study of the
need for infrastructure to be constructed on City-owned property and
rights-of-way in the Greater Gainsboro Development Area, which
includes the Higher Education Center, as well as RNDC projects and
the planned apartment project in the GOB-S Building; the City has
identified $3 million to be funded over a period of four years to improve
the various infrastructure elements; the three project groups have
reviewed the plan and agreed upon the elements which should be
funded; it is the desire of all project participants and the City to
complete improvements expediently and efficiently; the Housing
Authority is willing to amend its contract with the architects and
engineers in order to design and engineer all agreed upon
infrastructure improvements in the Greater Gainsboro Development
area; the City is agreeable to granting the Housing Authority additional
funds, in the amount of $131,500.00, to accomplish design and
engineering work; and funding is available in Account No. 035-G00-030-
5286, Greater Gainsboro Development Project.
22
ACTION:
The City Manager recommended that Council approve
Amendment No. 1 to the Agreement; and adopt a budget ordinance
appropriating funds to design and engineer infrastructure
improvements in the Greater Gainsboro area.
(For full text, see report on file in the City Clerk's Office.)
Ms. Wyatt offered the following emergency budget ordinance:
(#34697-022200) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Capital Projects and Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 505.)
Ms. Wyatt moved the adoption of Ordinance No. 34697-022200.
The motion was seconded by Mr. Harris and adopted by the following
vote .'
ACTION:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ....................................................................... 0.
Ms. Wyatt offered the following emergency ordinance:
(#34698-022200) AN ORDINANCE authorizing Amendment
Number 1 to an Agreement dated September 14, 1999, among the City
of Roanoke (City), the Roanoke Higher Education Authority (RHEA), and
the Roanoke Redevelopment and Housing Authority (RRHA) to provide
for certain funds to be granted by the City to the RRHA and in turn to
the RHEA to have additional design and engineering services
performed for designing infrastructure improvements in the Greater
Gainsboro Development Area (also known as the Downtown North
Project Area); and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 507.)
Ms. Wyatt moved the adoption of Ordinance No. 34698-022200.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
23
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ....................................................................... 0.
DIRECTOR OF FINANCE:
CITY SHERIFF-PENSIONS-CITY EMPLOYEES-GRANTS: The
Director of Finance and the City Sheriffsubmitted a joint written report
advising that the Virginia General Assembly of the Commonwealth and
the Internal Revenue Service approved eligible Virginia Retirement
System (VRS) members to purchase prior service credit on a tax-
deferred basis; and employees of the City Sheriff are members of VRS
and have requested the availability of this option.
It was further advised that in order to offer the option of tax-
deferred purchase of prior service credit, Council must adopt the
appropriate measure; the purchase must then be made through payroll
deduction and the participating VRS member must sign an irrevocable
salary reduction payroll agreement detailing the terms (cost and time
frame of service to be purchased) of the purchase prior to payroll
deductions.
ACTION:
The Director of Finance and the City Sheriff recommended that
Council adopt a resolution which provides authorization for the Director
of Finance to establish administrative procedures for tax-deferral of
VRS purchased service.
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following resolution:
(#34699-022200) A RESOLUTION authorizing the pick up of the
employee's contribution to Virginia Retirement System (VRS) for past
service credit under §414(h) of the Internal Revenue Code.
(For full text of Resolution, see Resolution Book No. 62, page 508.)
Mr. White moved the adoption of Resolution No. 34699-022200.
The motion was seconded by Ms. Wyatt and adopted by the following
vote:
24
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ....................................................................... 0.
Council Member Swain requested a clarification on whether there
are other departments in the City where the same conditions exist;
whereupon, the Director of Finance responded in the affirmative, and
advised that the City is required to obtain a ruling from the Internal
Revenue Service to deduct the contribution on a pre tax basis.
In view of the fact that the Director of Finance advised that
approximately 200 persons are similarly situated, which are primarily
persons who have worked for the City in some capacity as grant
employees and receive no retirement credit in the pension system, Mr.
Swain requested a review of the matter and advocated that whatever
the City does for one employee, it should do for all employees.
The City Manager responded that two issues are involved and the
Director of Finance and his staff are addressing both: one has to do
with the issue of portability where employees who have worked
elsewhere in the Commonwealth of Virginia under a different retirement
system may be able to transfer those benefits to the City's system and,
in some cases, purchase certain additional benefits because the
systems are not identical; and the second issue pertains to those
employees who, in the past and currently, have been paid through
grants which is a complicated topic and subject to Internal Revenue
Service types of rulings. She stated that she is committed to insuring
that there is equity among Roanoke City employees.
CITY CLERK:
CITY CLERK-SCHOOLS: The City Clerk submitted a written report
advising that on June 30, 2000, the three year terms of office of F. B.
Webster Day, Marsha W. Ellison and Sherman P. Lea as Trustees of the
Roanoke City School Board will expire; pursuant to Chapter 9,
Education, of the Code of the City of Roanoke (1979), as amended,
establishing a procedure for the election of School Trustees, Council
must hold certain meetings and take certain actions during the months
of March, April and May to conform with the selection process;
therefore, she requested the concurrence of Council in establishing the
following dates:
25
ACTION:
On Monday, March 20 at 6:00 p.m., Council will hold an
informal meeting (reception) which will be open to the
public with all candidates for School Trustee in the
Emergency Operations Center Conference Room, Room
159, Municipal Building South.
On Monday, March 20 at 7:00 p.m., or as soon thereafter
as the matter may be heard, Council as a Committee of the
Whole, will review and consider all candidates for the
position of School Trustee; at such meeting, Council shall
review all applications filed for the position and Council
may elect to interview candidates for such positions.
On Monday, April 3 at 2:00 p.m., or as soon thereafter as
the matter may be heard, Council will, by public vote,
select from the field of candidates, those candidates to be
accorded the formal interview and all other candidates will
be eliminated from the School Trustee selection process;
the number of candidates to be granted the interview shall
not exceed three times the number of positions available
on the Roanoke City School Board, should there be so
many candidates.
On Monday, April 17 at 7:00 p.m., or as soon thereafter as
the matter may be heard, Council will hold a public
hearing to receive the views of citizens.
On Tuesday, April 18 at 4:30 p.m., Council will hold a
meeting for the purpose of conducting a public interview
of candidates for the position of School Trustee.
On Monday, May 15 at 2:00 p.m., or as soon thereafter as
the matter may be heard, Council will hold an election to
fill the two vacancies for terms commencing July 1, 2000,
and ending June 30, 2003.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the proposed dates. The
motion was seconded by Mr. Harris and unanimously adopted.
REPORTS OF COMMITTEES:
26
POLICE DEPARTMENT-BUDGET: Council Member Carroll E.
Swain, Chairperson, Bid Committee, presented a written report on
behalf of the Committee, in connection with bids received by the City
for construction of the new Roanoke Police Building consisting of
20,000 square feet of floor space on two floors, plus a partial basement
and a third floor, plus remodeling of the original two floors to
accommodate 24 hour police activities; an additional 7,600 square feet
of space was added to the back of the building at the basement and
first floor level to accommodate other 24-hour police functions for a
total project area of 37,600 square feet; and Police Department
Administration will remain in the Third Street Building until Phase II of
the building and will duplicate the square footage.
It was further advised that bids were received on December 22,
1999, with Thor, Inc., submitting the lowest responsible and responsive
bid, in the amount of $4,335,000.00 and 390 consecutive calendar days
construction time; the bid exceeded available funding, therefore,
negotiations took place for which a reduction in the cost of the contract
resulted in a contract amount of $4,015,200.00; the cost of
furniture/equipment, in the amount of $575,000.00, and police lockers,
in the amount of $122,500.00, for a total of $697,500.00 needs to be
funded; the City Manager has recommended that the $697,500.00 be
funded in next year's operating budget through lease-purchase, which
brings the contract amount to $4,015,200.00; and funding needs for the
project include:
Negotiated Contract
Project contingency
Increase in AlE fee
Asbestos abatement
Water service (fire & domestic)
$4,015,200.00
220,000.00
26,430.00
41,000.00
15,939.00
$4,318,569.00
Funding is available as follows:
From 1994 Bonds
From 1999 Bonds
Undesignated Capital Projects Fund
CMERP
Balance
700,000.00
3,349,270.00
169,299.00'
100,000.00
$4,318,569.00
27
ACTION:
*This funding is derived from the fiscal year 1999 Sale of
the Juvenile Detention property to the Roanoke Valley
Detention Commission.
The Bid Committee recommended and the City Manager
concurred that Council award a negotiated contract to Thor, Inc., in the
amount of $4,015,200.00 and 390 consecutive calendar days
construction time, in accordance with contract documents as prepared
by Ronald M. Martin & Associates, P. C. (t/a Martin & Associates, P. C.);
authorize the City Manager to enter into a contractual agreement;
transfer/appropriate funds as above set forth and authorize the Director
of Finance to establish a new capital account entitled, "Roanoke Police
Building"; and reject all other bids received by the City for the work.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Swain offered the following emergency budget ordinance:
(#34700-022200) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 General and Capital Projects Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 509.)
Mr. Swain moved the adoption of Ordinance No. 34700-022200.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ....................................................................... 0.
Mr. Swain offered the following emergency ordinance:
(#34701-022200) AN ORDINANCE accepting the bid of Thor,
Incorporated, for the construction of the New Roanoke Police Building,
upon certain terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract for
such work; rejecting all other bids made to the City for the work; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 511.)
28
ACTION'
Mr. Swain moved the adoption of Ordinance No. 34701-022200.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ....................................................................... 0.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: None.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
ACTION:
COUNCIL-NORFOLK SOUTHERN CORPORATION-VIRGINIA
TRANSPORTATION MUSEUM: Council Member White commended
Council Member Carroll E. Swain for his leadership in an oral history
project cataloging employees' experience working for NW, a Norfolk
Southern predecessor, between the years 1930 and 1970, which
experiences are highlighted in a permanent exhibit at the Virginia
Museum of Transportation. (See article in Paces, a Norfolk Southern
publication).
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
At 4:10 p.m., the Mayor declared the meeting in recess.
At 4:20 p.m., the meeting reconvened in the Council Chamber,
with Mayor Bowers presiding, and all Members of the Council in
attendance.
COUNCIL: With respect to the Closed Meeting just concluded,
Mr. Swain moved that each Member of City Council certify to the best
of his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom
of Information Act; and (2) only such public business matters as were
29
identified in any motion by which any Closed Meeting was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ....................................................................... 0.
At 4:20 p.m., the Mayor declared the meeting in recess until 7:00
p.m.
On Tuesday, February 22, 2000, at 7:00 p.m., the Roanoke City
Council reconvened in regular session in the Exhibit Hall of the
Roanoke Civic Center, 710 Williamson Road, N. W., City of Roanoke,
pursuant to Resolution No. 34685-020700, adopted February 7, 2000,
with the following Council Members in attendance, Mayor Bowers
presiding.
PRESENT: Council Members Carroll E. Swain, James O. Trout,
William White, Sr., Linda F. Wyatt, C. Nelson Harris, W. Alvin Hudson,
Jr., and Mayor David A. Bowers ..................................................... 7.
ABSENT: None .................................................................. 0.
OFFICERS PRESENT: Darlene .L. Burcham, City Manager;
James D. Ritchie, Sr., Assistant City Manager; William M. Hackworth,
City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker,
City Clerk.
The reconvened meeting was opened with a prayer by Vice-
Mayor Harris.
The Pledge of Allegiance to the Flag of the United States of
America was led by Boy Scout Troop 210, South Roanoke Methodist
Church.
HEARING OF CITIZENS:
PROCLAMATIONS-SCHOOLS: The Mayor presented a
Proclamation declaring Thursday, March 2, 2000, as "Read Across
America Day" to Eric Fisher, representing the Roanoke Education
Association.
3O
POLICE DEPARTMENT-TRAFFIC-TOWING CONTRACT:
Thomas A. Woods, representing Woods Towing and Recovery and
Tanglewood Towing, advised that towers have been informed by the
City Police Department that they must appear before City Council and
request certain changes to the towing contract with the City of
Roanoke; whereupon, he called attention to two proposals that will be
presented for Council's consideration. He stated that representatives
of approximately 20 towing companies who are currently on the
Roanoke City Police towing list were in attendance, consisting of 250
employees and 75 tow trucks, representing a $7 - 10 million local
industry, with approximately $150,000.00 -$200,000.00 in tax revenue.
He advised that Roanoke City is fortunate to have the caliber of towers
and towing equipment that is available in the Roanoke Valley, and in
order to maintain the industry's image and to continue to serve
Roanoke City towing needs, Council's assistance is needed in updating
the current City contract.
Linda Jean, General Manager, West Star Towing, spoke on behalf
of the towers on the police rotation list, and addressed the issue of
storage of vehicles towed by those towers on the rotation list. She
explained that the City of Roanoke maintains a list of pre approved
towers which is used to tow abandoned, seized, wrecked or disabled
vehicles that are called on an as needed basis, 24 hours a day, seven
days a week. She stated that unlike other cities and towns which use
a rotation list and allow towers to use their own storage facilities, the
City of Roanoke has a policy to store the vehicles in house at the City
of Roanoke storage lot on Courtland Road. Besides being a conflict of
interest, she added that this process is extremely burdensome for a
person who is trying to retrieve their vehicle, and the procedure takes
management of the business out of the hands of the towers, because
the storage of these vehicles is generally not a police issue. She
explained that currently, all vehicles removed for non compliance with
City Code provisions are towed to the towers storage facility and not
the City impound lot. She explained that under the current process,
the tower bills the Police Department for the tow causing an
administrative exercise that the Police Department would not have to
participate in if the towers were allowed to tow the vehicles directly to
their own storage facilities. She advised that the storage lot is a fenced
in lot that is located 1.9 miles from the police station which requires the
citizen to first go to the police department to pay the tow bill, obtain a
receipt and go to the impound lot where they must wait for a police
officer to open the gate, the police officer is detained while the wrecker
hooks up the vehicle and removes it from the impound lot which is
31
ACTION:
another unnecessary use of the police officer's time. She advised that
under the present plan, the police officer may, at his or her discretion,
advise the tower to take the vehicle to the tower's storage lot and since
this flexibility currently exists, it would seem to be a minor change to
establish this procedure as a standard practice. She added that towing
vehicles to the tower's facility would make the process easier for the
customer and would enable the tower to manage the complete tow from
beginning to end, thereby giving the customer one point of contact,
ease the burden on the Police Department, and eliminate the waste of
valuable time by police officers.
Ron Jean, representing West Star Towing, presented the second
proposal which is the need for appointment of an advisory board,
because there are many facets of towing and recovery work such as
abandoned vehicles, wrecked vehicles, etc., and under the present
contract, all tows are lumped into one set standard by the City. He
recommended that the advisory board consist of representatives of the
police department, towing companies and citizens who would be
charged with the responsibility of reviewing issues and compiling
specific criteria for submittal to Council.
Robert Young, 210 Carver Avenue, N. E., called attention to the
lack of guidelines addressing the recovery of vehicles.
Charles Brown, 210 Baker Street, N. W., spoke in support of
appointment of an advisory board which would address outdated
issues to a towing contract that has not been revised since 1992.
Mr. Hudson moved that the matter be referred to the City Manager
and the City Attorney for study, report and recommendation to Council.
The motion was seconded by Mr. Trout and unanimously adopted.
PUBLIC HEARINGS:
STREETS AND ALLEYS: Pursuant to Resolution No. 25523
adopted by the Council on Monday, April 6, 1981, the City Clerk having
advertised a public hearing for Tuesday, February 22, 2000, at 7:00
p.m., or as soon thereafter as the matter may be heard, on the request
of the Northwest Neighborhood Environmental Organization, Inc., that
a certain section of Centre Avenue, N. W., extending from its
intersection with 9th Street, to a point of termination at the eastern
most right-of-way boundary of 10th Street; and a portion of a public
alley extending in a westerly direction from its intersection with 9th
32
ACTION:
Street, to the easternmost property line of Official Tax No. 2111914, be
permanently vacated, discontinued and' closed, the matter was before
the body.
Legal advertisement of the public hearing was published in The
Roanoke Times on Thursday, February 3, and Thursday, Februar~ 10,
2000, and in The Roanoke Tribune- on Thursday, February 10, 2000.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that the
request be approved, subject to certain conditions, was before Council.
(For full text, see report on file in the City Clerk's Office.)
James Lesniak, Executive Director, Northwest Neighborhood
Environmental Organization, Inc., appeared before Council in support
of the request.
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34702) AN ORDINANCE permanently vacating, discontinuing
and closing certain public right-of-way in the City of Roanoke, Virginia,
as more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 62, page 512.)
The motion was seconded by Mr. Swain.
The Mayor inquired if there were persons present who would like
to address Council with regard to the request. There being none,
Ordinance No. 34702 was adopted, on its first reading, by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ....................................................................... 0.
ZONING: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a
public hearing for Tuesday, February 22, 2000, at 7:00 p.m., or as soon
33
ACTION:
thereafter as the matter may be heard, on the request of the City of
Roanoke that properties located in the 900 block of Centre Avenue,
N. W., more specifically described as Official Tax Nos. 2112503 -
2112512, inclusive, and 2111914 - 2111922, inclusive, be rezoned from
LM, Light Manufacturing District, to RM-3, Residential Multifamily, High
Density District.
Legal advertisement of the public hearing was published in The
Roanoke Times on Thursday, February 3, and Thursday, February 10,
2000, and in The Roanoke Tribune on Thursday, February 10, 2000.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that
Council approve the request for rezoning, advising that the proposed
development will provide needed residential opportunities to the
neighborhood and strengthen investment in the area, was before the
body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34703) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 211, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 62, page 515.)
The motion was seconded by Mr. Swain.
The Mayor inquired if there were persons present who would like
to address Council with regard to the request. There being none,
Ordinance No. 34703 was adopted, on its first reading, by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ....................................................................... 0.
34
ACTION:
ZONING: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a
public hearing for Tuesday, February 22, 2000, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of the City of
Roanoke that properties located in the southwest quadrant of the City,
generally known as the Greater Raleigh Court area, be rezoned from
RM-1, Residential Multifamily, Low Density District, to RS-3, Residential
Single Family District, and from RM-2, Residential Multifamily, Medium
Density District, to RM-1, Residential Multifamily, Low Density District.
Legal advertisement of the public hearing was published in The
Roanoke Times on Thursday, February 3, and Thursday, February 10,
2000, and in The Roanoke Tribune on Thursday, February 10, 2000.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that
Council approve the comprehensive rezoning petition which supports
the adopted plan for Greater Raleigh Court and the City's
Comprehensive Plan, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris moved that the following ordinance be placed upon its
first reading:
(#34704) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet Nos. 123, 124, 132, 133, 134,
142, 143, 144 and 145, Sectional 1976 Zone Map, City of Roanoke, to
rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 62, page 516.)
The motion was seconded by Mr. Hudson.
The Mayor inquired if there were persons present who would like
to address Council.
Evelyn S. Lander, Chief, Planning and Community Development,
reviewed details of the proposed rezoning. (See pages 1 - 4.)
35
The Mayor advised of telephone calls from Ms. Lisa Knappe, 2220
Westover Avenue, S. W., Ms. Christy Jackson, 2145 Westover Avenue,
S. W., and a communication from Mr. Matthew Despard, 1934 Avon
Road, S. W., in support of the proposed rezoning.
Mr. John Wilson, 1550 Terrace Road, S. W., advised that he owns
two duplexes on Terrace Road and supports the proposed rezoning.
He stated that his property is currently zoned RM-1 and will be rezoned
to RS-3 under the proposal before Council; he can continue to rent his
property as a duplex, sell it as a duplex and the new buyer could
continue to rent the structure as a duplex, however, there is a provision
in the proposed ordinance that provides if the duplex is damaged by
more than 50 per cent of its assessed value, the structure cannot be
rebuilt as a duplex and rented as a duplex. As a property owner, he
expressed concern, because if one side of the structure were to burn
down and the fire wall were to save the other half of the duplex, his fire
insurance company would cover only 50 per cent of the cost of
rebuilding; thus, he would have to raze the duplex and reconstruct the
structure as a single family dwelling. From a financial standpoint, he
stated that he would be at a disadvantage because he would not be
able to generate the same rental income from a single family dwelling
that he receives from a duplex unit; and it could be difficult to sell the
duplex because some mortgage companies may not view the 50 per
cent reconstruction provision as a good selling point.
Mr. George Akers, 4470 Farmwood Drive, S. W., a rental property
owner in the area, advised that, in general, he supports the proposed
rezoning for the positive growth of the Raleigh Court area. He stated
that the proposed rezoning is needed for planning and orderly growth
as long as it is administered fairly and equitably and if provisions are
made for variances when appropriate. He explained that the 50 per cent
reconstruction provision is a hardship for rental property owners who
have invested in the area and the provision could dramatically impact
marketing, resell and insurance coverage relative to restoration of the
properties; therefore, he requested that Council favorably consider a
proposal to revise the ordinance as it relates to the 50 per cent
destroyed by fire or other disaster. He noted that not all landlords in
the City of Roanoke are uncaring, there are landlords who are
committed to keeping their property in excellent condition without the
36
threat of punitive action by City government, and requested that
Council be pro-active and visionary in its approach to landlord
relationships and consider offering certain incentives and
encouragement to rental property owners who make property
improvements.
Mr. William Skeen, 1938 Avon Road, S. W., advised that what is
proposed for Raleigh Courtwill spread throughout the City and help the
remainder of Roanoke's neighborhoods as they struggle to maintain
their own identity and their special character. He expressed support of
the proposed ordinance by Council which will provide quality housing
in the City and in Raleigh Court, return Roanoke's neighborhoods to
their historic significance and glory, Stabilize housing values, and
Roanoke's future real estate tax base, stabilize neighborhoods and
improve the quality of life and the long term health visibility and viability
of the City.
Brenda McDaniel, 2037 Carter Road, S. W., President, Raleigh
Court Civic League. She advised that Council's action will have a
profound impact on one of the City's oldest and most vibrant
neighborhoods and on the City of Roanoke as a whole. On behalf of
the Greater Raleigh Court Civic League, she stated that the proposal
will help to preserve the quality of life in the Raleigh Court area,
encourage preservation of the neighborhood's ageing housing stock,
stem the tide of middle and upper income taxpayers from moving out
of the City and into surrounding areas, and promise stability of
investment to young families looking for a safe, attractive
neighborhood in which to raise their children. She advised that the
proposed zoning amendment will not put an end to rental property in
Greater Raleigh Court, because it has never been the intent of the
Greater Raleigh Court Civic League to eradicate rental property from
the neighborhood, the proposal will not make it harder for renters to
find suitable housing in Raleigh Court, and the proposal will not change
the current use of any property if it is a legal use since all legal uses
will be grandfathered. She stated that the Greater Raleigh Court Civic
League strongly supports the recommendation of the City Planning
Department that the 50 per cent provision be eliminated so that if a
property is destroyed by fire or other disaster, it can be rebuilt to its
original use. She advised that Raleigh Court does not aspire to become
an elitist community, but neither does it want to become a sprawling
apartment complex; Raleigh Court is trying to maintain balance,
because over the past 20 years, the number of single family houses in
Raleigh Court that have been converted to multi family housing use has
37
increased alarmingly, with the percentage of owner occupied units in
Raleigh Court declining from 71 per cent in 1980 to 56 per cent in 1990,
while at the same time, the number of renter occupied units increased
from 29 per cent to 44 per cent and the percentage of all rental
occupied units in Raleigh Court is higher than that in the City of
Roanoke as a whole. She noted that Raleigh Court values a diverse
population; however, it does not want the kinds of problems that come
when people stop caring about and investing in their neighborhoods;
therefore, on behalf of the Greater Raleigh Court Civic League, she
asked that Council be stewards of the life blood of the City and adopt
the proposal as recommended by the City Planning Commission.
Dr. Anthony Stavola, 1836 Greenwood Road, S. W., advised that
the amendment before Council is a recognition that a major increase in
multi-family housing can have a strong impact on the quality of life for
all residents in an older neighborhood like Raleigh Court, with narrow
streets, small lots, and limited parking. He stated that residents
support the idea of allowing property owners to rebuild their property
to its current use in the event of destruction of the property. He noted
that the theme is balance, balance between single and multi family
housing, between owner occupied and rental housing, between young
and old, between family and single, between rich and poor which is a
balance that makes Raleigh Court such a vibrant and dynamic
neighborhood. He advised that if the rezoning is not approved, that
balance will be lost with increased rental and multi family housing
which will be accompanied by a transient population, greater stress on
the infrastructure, and deteriorating housing stock. He called attention
to the benefit of the proposed rezoning -- homeowners will get a stable
neighborhood that encourages them to continue to reside in the area,
patronize businesses, send their children to neighborhood schools,
and invest in their property; rental property owners will benefit from
greater property values; renters will benefit from living in a safe and
stable neighborhood; and the City will benefit from a stronger tax base
as property values improve and from the lowering of the needs for City
services.
Mr. Matthew Despard, 1934 Avon Road, S. W., advised that this
issue is not about renters versus homeowners, but about maintaining
a healthy balance of housing types, and homeowners and renters have
a vested interest in maintaining the current quality of life in Raleigh
Court. He advised that he was attracted to the Raleigh Court area
because of the rich mix of housing and the opportunity for both
homeowners and renters to share a high quality of life. He stated that
38
the City can ill afford to see the continuing flight of individuals and
families to the suburbs; and the proposal provides the City with an
opportunity to act proactively to preserve a neighborhood with aging
homes and an older housing stock which is a rarity among United
States cities of today and also provides for a balance of housing types
and people with different incomes who care about their City.
Mr. Robert Richert, 415 Allison Avenue, S. W., spoke in support
of the proposed rezoning, and advised that Old Southwest understands
the consequences of allowing investor driven housing development to
go too far, and it is to Raleigh Court's credit that neighborhood leaders
have taken this action. He stated that persons who live in the inner City
have recognized over the years that living in the City is a matter of give
and take and the greater good is part of the consideration that has to
be made. He urged that Council support Greater Raleigh Court and vote
in favor of the proposed rezoning amendment.
Mr. A. L. Wade, Box 3358, Roanoke, spoke in opposition to the
rezoning of the Raleigh Court area. He stated that people who rent are
generally decent and law abiding individuals who should be allowed to
live in any area of the City that they can afford. He advised that more
decent housing in Roanoke City is needed, not less; the population of
the City of Roanoke is decreasing and this proposed rezoning will lead
to further population loss.
Ms. Lisa Knappe, 2220 Westover Avenue, S. W., addressed
Council in support of the proposed rezoning. She implored Council to
enforce ordinances that are currently in effect dealing with rental units
that will prevent certain types of behavior by residents and code
enforcement to insure that rental units are safe for people to inhabit.
Mr. Rick Williams, 3725 Sunrise Avenue, N. W., appeared before
Council on behalf of the Williamson Road Action Forum which supports
the proposed rezoning, and noted that the proposed rezoning is an
example of how the City should put the provisions of Roanoke Vision,
the City's Comprehensive Plan, into practice. He stated that the
Williamson Road Action Forum looks forward to the day when it begins
the same type of planning process for the Williamson Road area that
will result in a plan for Williamson Road that will be as forward looking
as the Raleigh Court plan. He expressed appreciation to the Raleigh
Court Civic League and to the City Planning Commission for their
vision, leadership and years of hard work in bringing the matter before
Council and encouraged Council to support the proposed rezoning.
39
Mr. Mike Urhbanski, 2108 Mount Vernon Road, S. W., addressed
certain issues contained in a recent Editorial in The Roanoke Times
which implied that the proposed rezoning is somehow bad for
business. He advised that the statement is incorrect because stable
and well maintained neighborhoods are crucial to the future of the City
of Roanoke. He state that the Editorial suggested that the rezoning
proposal is big government at its worst, which is also incorrect; and
noted that the rezoning request was a grass roots movement by the
residents of Greater Raleigh Court and not an exercise of big
government imposing its will on the people, but rather an example of
progressive government responding to the will of the people. He
further stated that the Editorial ignores the fact that we live in a
democratic society and an important part of living in a democratic
society is respect for the laws and rights of others. He advised that the
proposed rezoning is a prudent act of balance and compromise which
is designed to project and improve the neighborhood, and Raleigh
Court is requesting the adoption of reasonable regulations to project
the sanctity of the neighborhood.
Ordinance No. 34704, on its first reading, was adopted by the
following vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None .............................. - ........................................ 0.
OTHER HEARING OF CITIZENS:
POLICE DEPARTMENT-ZONING-FIRE DEPARTMENT-CITY
EMPLOYEES-FLOOD REDUCTION/CONTROL-HOTEL ROANOKE
CONFERENCE CENTER: Mr. Douglas Trout, a citizen of Roanoke,
addressed the following issues of concern:
Alleged violation of the City's Fire Code;
Alleged tenant/landlord dispute;
Alleged loss of personal property/income as a result of the
1985 flood due to the lack of flood-insurance and pressure
by the City to move or relocate a business;
4O
Alleged failure of the Police Department to issue a missing
persons report;
Alleged refusal of a landlord to renew a lease because the
City and the Hotel Roanoke Conference Center
Commission had brought pressure on the landlord; and
Alleged incorrect information provided by certain City
employees regarding the zoning of property which
resulted in considerable court costs and legal fees.
There being no further business, the Mayor declared the meeting adjourned
at 9:10 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
41
DAVID A. BOWERS
Mayor
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE S.W. - ROOM 452
ROANOKE, VIRGINIA 24011-1594
TELEPHONE: (540) 853-2444
FAX: (540) 853-1145
June 5, 2000
The Honorable Vice-Mayor and
Members of Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
I wish to request a Closed Meeting to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended.
Sincerely,
Mayor
DAB:se
Roanoke City Council
Regular Agenda Report
'00 FI/~Y24 ,~8:48
June 5,2000
Honorable David A. Bowers, Mayor, and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
Re: Request for Closed Meeting
This is to request that Council convene a closed meeting for the purpose of
discussing disposition of publicly held property, pursuant to Section 2.1-344.A.3, Code
of Virginia (1956), as amended.
Respectfully submitted,
Darlene L. Burcham
City Manager
CC;
City Clerk
City Attorney
Director of Finance
Assistant City Manager for Operations
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W.. Room 456
Roanoke, Virginia 2401 l - 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
June 9,2000
File #323
SANDRA H. EAKIN
Deputy City Clerk
Ms. Gloria P. Manns
1727 Staunton Avenue, N. W.
Roanoke, Virginia 24017
Dear Ms. Manns:
Your communication tendering your resignation as a member of the Roanoke City Library
Board, effective May 24, 2000, was before the Council of the City of Roanoke at a regular
meeting which was held on Monday, June 5, 2000.
On motion, duly seconded and adopted, the resignation was accepted and your
communication was received and filed.
The Members of Council requested that I express sincere appreciation for yourwillingness
to serve the City of Roanoke as a member of the Roanoke City Library Board from January
2, 1996 to May 24, 2000. Please find enclosed a Certificate of Appreciation and an aerial
view photograph of the Roanoke Valley which was issued by the Mayor on behalf of the
Members of the Roanoke City Council.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:Io
Enclosure
~Ei~EIYED
CITY C~
Gloria P.Manns
1727 Staunton Ave., N~ M/~¥ 24 P4:28
Roanoke, VA 24017-4045
City of Roanoke
Mrs. Mary Parker, City Clerk
215 Church Avenue, SW
Roanoke, VA 24011-1595
Dear Mrs. Parker:
Due to my recent appointment to the Roanoke City School Board, I am offering my
resignation on the Roanoke City Library Board to be effective as of to date.
I will contact Mike Ramsey, the board president and Beverly James, the City Librarian,
informing them of this resignation.
If further information is needed, please do not hesitate to contact me.
Sincerely yours,
Gloria P. Manns
MAY15 P3:25
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Wendell H. Butler, do solemnly swear (or affirm) that I will support the Constitution of
the United States, and the Constitution of the Commonwealth of Virginia, and that I will faithfully
and impartially discharge and perform all the duties incumbent upon me as a Member of Roanoke
City Council, for a term commencing on May 15, 2000 and expiring on June 30, 2000, according
to the best of my ability. So help me God.
Subscribed to and sworn to before me this 15th day of May, 2000.
The Honorable Richard C. Pattisall, Judge
The Twenty-third Judicial Circuit of Virginia
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 - 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
June 9, 2000
File #15-110-253
Allan C. Robinson, Chair
Roanoke Valley Resource Authority Board of Directors
1020 Hollins Road, N. E.
Roanoke, Virginia 24012
Dear Mr. Robinson:
This is to advise you that on May 22, 2000, Robert K. Bengtson qualified as a City
representative to the Roanoke Valley Resource Authority Board of Directors to fill the
unexpired term of Kit B. Kiser, resigned, December 31, 2000.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:Io
pc:
Sandra H. Eakin, Deputy City Clerk
Deborah Chades, Secretary, Roanoke Valley Resource Authority Board
Directors, 1020 Hollins Road, N. E., Roanoke, Virginia 24012
of
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Robert K. Bengtson do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me as a City Representative to the Roanoke Valley Resource
Authority Board of Directors to fill the unexpired term of Kit B. Kiser, resigned,
ending December 3'1, 2000, according to the best of my ability. (So help me God.)
ARTHUR B. CRUSH, III, CLERK
,DEPUTY CLERK
C: ~vIyFilcs'~nay I 5.wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 - 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
June 9, 2000
File #80-132-367
A. L. Holland, Sr., Chair
Noel C. Taylor Tribute Committee
3425 Kershaw Road, N. W.
Roanoke, Virginia 24017
Dear Mr. Holland:
A report of the Noel C. Taylor Tribute Committee recommending that the Roanoke City
Municipal Building be named the "Noel C. Taylor Municipal Building" and that Ms. Ann Bell,
a local artist, be commissioned to paint a portrait of Dr. Taylor to be displayed in the lobby
of the Municipal Building, was before the Council of the City of Roanoke at a regular
meeting which was held on Monday, June 5, 2000.
On motion, duly seconded and adopted, Council concurred in the recommendation.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:Io
pc:
Mrs. Noel C. Taylor, 2460 Grandin Road, S. W., Roanoke, Virginia 24018
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
June 1,2000
'00 HAY 30 /Itl :48
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
On December 20, 1999, Council appointed Elizabeth T. Bowles, The Reverend E. T. Burton,
M. Caldwell Butler, Dr. Wendell H. Butler, Bob R. Caudle, Warner N. Dalhouse, Robert A. Garland,
Helen J. Hall, James G. Harvey, II, David K. Lisk, Delvis O. McCadden, The Reverend Dwight O.
Steele and Margaret C. Thompson as members of a committee to recommend a fitting tribute to the
memory of the late Mayor Noel C. Taylor. I was honored to serve as Chair.
The Committee has met on numerous occasions since its appointment and considered a number of
proposals, all of which were worthy suggestions. However, at a meeting of the Committee on
Wednesday, April 12, 2000, a motion was adopted to recommend to Council that the Roanoke City
Municipal Building be named the Noel C. Taylor Municipal Building. The Committee would also
like to recommend that Ms. Ann Bell, a local artist, be commissioned to paint a portrait of the late
Dr. Taylor which would be displayed in the lobby of the Municipal Building, with the appropriate
inscription.
Mayor Taylor served the City of Roanoke for more than 25 years as a Member of City Council, as
Vice-Mayor, and as Mayor. He spent a large part of his life in the Municipal Building, and he was
happiest when he was ministering to the needs of the citizens of the City of Roanoke, whether it was
at his office in the Municipal Building, or in the City Council Chamber, or in his office at High
Street Baptist Church. Therefore, the Committee is of the opinion that our recommendation is a
fitting and appropriate tribute to his memory.
It has been a pleasure to serve on the Committee and we wish to thank the Members of Council for
allowing us to be a part of a lasting tribute to one of Roanoke's greatest community leaders.
A. L. Holland, Chair
Noel C. Taylor Tribtite Committee
ALH:MFP
Roanoke
City Public Schools
Publia Information Offiae · P.O. Box 15145, I~oonoke, Virginia 24031
Telephone: (540) 853-2816 ° Fax: ($40) 855-28] 7
May 11, 2000
Mrs. Mary Parker
Clerk to City Council
City Municipal Building
215 Church Avenue
Roanoke, VA 24011
Dear Mrs. Parker:
The Roanoke City Public Schools welcomes the opportunity to share instructional innovations and
highlights with City Council. The Superintendent requests that a presentation on "Interventions To Ad-
dress Truancy," no longer than 20 minutes in length, be included as an agenda item for the 2:00 p.m.
session of the City Council meeting on Monday, June 5, 2000.
Dr. Harris, along with Ann Harman, Executive, Student Services, will report how the school system is
addressing truancy including programs and resources that focus on the truancy issue.
We look forward to this sharing oppommity with Council. If I may answer any additional questions,
please don't hesitate to call (2816).
Sincerely,
Public Information Officer
/sd
CC.'
Darlene L. Burcham
Dr. E. Wayne Harris
Excellence in Education
TRUANCY
PREVENTION
PROGRAM
A Collaborative Effort
of
e Roanoke City Public Schools
and the
23rd Juvenile and Domestic
Relations Court
and the
Roanoke City Department
of
Social Services
Who Are They?
Eleven (11) specialists serving
nineteen (19) identified schools
2 High Schools
2 Middle Schools
15 Elementary Schools
NCTLA
One (1) court liaison
What Did They Do?
(~996-99)
Accomplished more than
9,500 Home Visits
8,900 Student Conferences
15,000 Parent & Staff Consultations
Additional Efforts
Maintain Attendance Incentive Pro rams
Serve on Student Su oft Teams
Veri Absences with Parents
Provide Small Grou Instruction to
Promote Self-Esteem
lm iement Individual Intervention Plans
Coordinate with Communi A encies
What Are The Results?
Reduction of 27% in number of students
missing 25+ days (420 students)
Increase of 16% in number of students
missing 10 days or less (2120 students)
Roanoke City Public
Schools
Division Report
Outcome Accountability Project
lO0
80
6O
4O
20
61
66
YEAR
75 78 76
[] 1990--91 · 1991~92 · 1992~93 · 1993+94 [] 1994-95
· 1995-96 · 1996-97 [] 1997-98 [] 1998-99
Percent of Students in Grades K-12
Who Were Absent 10 Days or Less
Roanoke City Council
Regular Agenda Rel~rt i~[[Y 31 ? ~ :22
June 5,2000
Honorable David A. Bowers, Mayor, and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
Subject: Presentation by Ms. Estelle H. McCadden
This is to request time on City Council's agenda to introduce Ms. Estelle H.
McCadden, President of the Melrose Rugby Neighborhood Forum, for a presentation
regarding the recently attended Neighborhood USA (NUSA) Conference.
CC:
City Clerk
Mariam Alam-Stacy
Estelle H. McCadden
Respectfully submitted,
r
City Manager
Mary F. Parker, CMC
City Clerk
CITY OF ROANOKE
Office of the City Clerk
June 16,2000
Sandra H. Eakin
Deputy City Clerk
File #5-24-530
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 34843-060500 amending and reordaining subsection
(c) of §20-7, General powers and duties of City Manager with respect to traffic, by the
addition ora new paragraph 4; subsection (b) of §20-66, Stopping on streets and highways
generally; subsection (a) of §20-94, Officer's report of removal; notice to owner of
impounding; subsection (a) of §20-95, Manner of redeeming impounded vehicles; costs;
and §20-96, Payment of removal costs not to be released from other violations, etc., and
adding a new §20-16, Towing Advisory Board, to the Code of the City of Roanoke (1979),
as amended, to provide for towing of certain vehicles by private companies; and creating
a towing advisory board. The abovereferenced measure was adopted by the Council of
the City of Roanoke at a regular meeting which was held on Monday, June 5, 2000.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:Io
Attachment
C:kMyFiI~JNE$.W'PD
Darlene L. Burcham
June 16, 2000
Page 2
pc:
The Honorable
of Virginia
The Honorable
Virginia
The Honorable
The Honorable
Virginia
The Honorable
Virginia
The
The
The
The
The
The
Diane McQ. Strickland, Chief Judge, Twenty-Third Judicial Circuit
Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of
Roy B. Willett, Judge, Twenty-Third Judicial Circuit of Virginia
Richard C.. Pattisall, Judge, Twenty-Third Judicial Circuit of
Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of
Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia
Honorable Julian H. Raney, Jr., Chief Judge, General District Court
Honorable George W. Harris, Jr., Judge, General District Court
Honorable Vincent A. Lilley, Judge, General District Court
Honorable William D. Broadhurst, Judge, General District Court
Honorable Jacqueline F. Ward Talevi, Judge, General District Court
The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic
Relations District Court
The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations
District Court
The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations
District Court
The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations
District Court
Evelyn Jefferson, Vice-President - Supplements, Municipal Code Corporation,
P. O. Box 2235, Tallahassee, Florida 32316
Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building,
Roanoke, Virginia 24011
Ronald S. Albright, Clerk, General District Court
Patsy A. Bussey, Clerk, Juvenile and Domestic Relations District Court
Peggy B. Stewart, Office of the Magistrate
Brown and Son, 2101 Roanoke Blvd., Salem, Virginia 24153
Mr. Robert Young, 210 Carver Avenue, N. E., Roanoke, Virginia 24012
Westar Towing & Transport, 1910 Loudon Avenue, N. W., Roanoke, Virginia 24017
Wood's, 418 Washington Avenue, Vinton, Virginia 24179
James D. Grisso, Director of Finance
George C. Snead, Jr., Assistant City Manager for Community Development
^. L. Gaskins, Chief, Department of Police
C:'~ty Files'~JUN'E$. WIPD
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of June, 2000.
No. 34843-060500.
reordained by
AN ORDINANCE amending and reordaining subsection (c) of §20-7, General powers and
duties of ci_ty manager with respect to traffic, by the addition of a new paragraph 4; subsection (b)
of §20-66, Stopping on streets and highways generally: subsection (a) of §20-94, Officer's report of
removal; notice to owner of impounding: subsection (a) of§20-95, Manner of redeeming impounded
vehicles; costs; and §20-96, Pa_yment of removal costs not to be released from other violations etc.,
and adding a new §20-16, Towing Advisory Board, to the Code of the City of Roanoke (I 979), as
amended, to provide for towing of certain vehicles by private companies; and creating a towing
advisory board; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
The Code of the City of Roanoke (1979), as amended, is hereby amended and
amending the following sections:
§20-7. General powers and duties of city manager with respect to traffic.
***
(c) The city manager is hereby authorized and directed to make,
promulgate and enforce roles and regulations, not inconsistent with the provisions of
this chapter or any other ordinance of the city:
(4) Establishing criteria for eligibility of persons to enter into
towing service agreements or contracts with the city and
establishing operational procedures for services rendered
pursuant to such agreements or contracts.
§ 20-66. Stopping on streets and highways generally.
(b) No vehicle shall be stopped in such manner as to impede or render
dangerous the use of the highway or street by others, except in the case of an
emergency as the result of an accident or mechanical breakdown, in which case the
emergency flashing lights of such vehicle shall be turned on if the vehicle is equipped
with such lights and such lights are operating, and a report shall be made to the
nearest police officer as soon as practicable and the vehicle shall be removed from
the roadway to the shoulder as soon as possible and removed from the shoulder
without unnecessary delay; and, if said vehicle is not promptly removed, such
removal may also be ordered by a police officer at the expense of the owner if the
disabled vehicle creates a traffic hazard.
Whenever a vehicle involved in an accident is found upon a street or highway
and is so located as to impede the orderly flow of traffic, the police department or an
authorized agent of the police department may at no cost to the owner or operator
remove such vehicle to some point in the vicinity where it will not impede the flow
of traffic.
§20-94. Officer's report of removal; notice to owner of impounding.
(a) The officer removing or causing the removal of any vehicle under the
preceding section shall immediately make a written report thereof to the chief of
police setting forth the date, time and place of, and the reason for such removal, the
location of the facility in which the vehicle is being held, and the license number of
the motor vehicle removed.
§20-95. Manner of redeeming impounded vehicles; costs.
(a) Subject to the provisions contained in subsection (b) of this section,
before the owner or person entitled to the possession of any vehicle impounded
pursuant to this division shall be permitted to remove the same from the custody of
the police department, wherever stored, he shall furnish evidence of his identity and ·
right to possession of such vehicle, shall sign a receipt therefor, and shall pay a
service charge, The service charge shall consist of the reasonable cost of removing
and storing the vehicle, including any special equipment used or special services
rendered. Such service charge shall constitute a lien on the vehicle so towed or
impounded, and the city or the operator of such approved place of storage is
authorized to retain possession of such vehicle until such charges are paid.
§20-96. Payment of removal costs not to be released from other violations, etc.
The payment of any service charge as provided for in the preceding section
shall not release the owner or operator of such vehicle from any charge arising out
of the violation of any of the provisions of this Code or other law or of any other
ordinance or regulation of the city violated by him, or from the payment of any fine
or penalty which may be otherwise lawfully imposed for such violation.
2. The Code of the City of Roanoke (1979), as amended, is hereby amended by the
addition of a new {}20-16, Towing Advisory_ Board, which shall read and provide as follows:
{}20-16. Towing Advisory Board.
(a) There is hereby created in the city a towing advisory board, to advise
the city council with regard to the appropriate provisions of the city's ordinances,
contracts, and agreements related to towing services. The board shall consist of nine
(9) members. The members shall include representatives of local law enforcement
agencies, towing and recovery operators, and the general public, and shall be
appointed by city council for such terms as the council may direct. Any vacancy
shall be filled by the council for the unexpired portion of a term.
(b) Members of the board shall serve without compensation.
(c) Any member of the board may be removed by council upon good
cause appearing to the council.
3. In order to provide for the usual operation of the municipal government, an
emergency is deemed to exist and this ordinance shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
Roanoke City Council
Regular Agenda Report
June 5, 2000
Honorable David A. Bowers, Mayor, and Member of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
Subject: Amendment to Roanoke City Code Related to Wrecker Services
Background:
The Roanoke City Police Department utilizes a "rotating wrecker service list" when
dispatching towing companies to remove vehicles from accident scenes or when they are
otherwise impeding the orderly flow of traffic. To be included on this list, a wrecker service
company must comply with specific requirements outlined in the attached Rules and
Regulations. The Roanoke City Police Department's current wrecker service agreement,
prepared by the Department in 1992, no longer provides adequate compensation for the
towing companies, nor does it include necessary insurance, inspection, and safety
requirements.
Over the last three months, City representatives from the Police Department, Office
of Management and Budget, and the City Manager's Office have been working in
consultation with representatives of the local towing industry (Brown & Son, Robert Young,
Weststar, and Wood's) to review and make recommendations for appropriate amendments
to the wrecker service agreement, Rules and Regulations, and the corresponding sections
of the City Code. In addition, the Police Department conducted a survey to find out how
localities across the state meet their communities' towing needs and found that most localities
allow wrecker services to charge market rate prices and tow vehicles to their private secured
lots.
Considerations:
Recommendations for changes to the City Code are attached. The proposed Rules
and Regulations, and the Wrecker Service Application are attached for information. The major
changes in the Rules and Regulations will allow towing companies to store vehicles in private
secured lots, to charge customers market rates, and to dispose of vehicles when appropriate.
A vehicle will be stored in the City's impoundment lot only when the Police Department
determines the vehicle needs to be retained by the City as evidence. This change will
substantially reduce the number of vehicles that are stored at the City's impound lot. The
Police Department and Wrecker Service Companies have agreed to enhance public safety
by ensuring that all tow vehicles have appropriate safety equipment to protect citizens,
personnel, and the environment.
Honorable David A. Bowers, Mayor, and Member of City Council
Amendment to Roanoke City Code Related to Wrecker Services
Page 2
The Rules and Regulations now include a non-discrimination provision requested by
Council at the May 15, 2000, meeting. Other minor changes include a clarification of
insurance requirements and an adjustment of the required response time. Although wrecker
service companies will now be allowed to set their own rates, the city has an interest in
protecting vehicle owners from unreasonable charges. To provide a forum for review of
towing fees and general compliance with the Rules and Regulations, City Council will appoint
a Towing Advisory Board. This Board will meet quarterly and will include representatives from
the community, the Police Department, other public safety departments, and the towing
industry. State law requires that this Board be appointed by City Council (and not by the City
Manager) prior to any regulation of rates by the city.
We expect that there will be no or minimal budgetary impact. The revenue received
from storage fees and automobile auctions will be reduced; however cost to administer and
staff this activity will also be substantially reduced. Police officers' time will be reallocated to
other important community needs.
The recommended changes to the City Code, along with the Rules and Regulations
and the Wrecker Service Application, have been reviewed and approved by the City
Attorney's Office and representatives of wrecker service companies that are included on the
Roanoke City Towing list.
Recommended Action:
City Council approve the attached changes to the City Code.
Respectfully submitted,
City Manager
Attachments 3
C:
City Clerk
City Attorney
Director of Finance
Brown & Son
Robert Young
Weststar
Wood's
Author's Name: Major S. O. Wills #00-20
Bo
Do
Attachment 1
City Manager's Rules and Regulations for Wrecker Services
Each wrecker service company (W.S.C.) owner will complete, in full, the Roanoke City
Police Department's information forms regarding its services.
Each W.S.C. will charge individuals directly for towing service calls and will not bill the
City. Under normal circumstances, W.S.C. will tow vehicles to their own storage lots
unless instructed by "Police Department" to tow vehicle to the city's impound lot. The
W.S.C. storage lot shall be maintained at the W.$.C. own risk and expense. The
storage lot shall contain a related office area to accommodate transactions with the
public.
A Towing Advisory Board (Board) will be appointed by City Council. The Board will
meet at least on a quarterly basis to review towing-related policies, issues and
situations brought to its attention. The Board will make towing-related
recommendations to the Police Department, the City Manager, and City Council. The
Police Department will take the Board's recommendations under advisement as
decisions are made regarding towing services and policies, future changes to the
towing agreement, and disciplinary decisions. The Board will consist of nine members,
including representatives of the city, the general public, and the towing industry.
All W.S.C. vehicles and drivers must:
Be properly registered with the Virginia Department of Motor Vehicles
(This includes titling and appropriate license plates.)
Comply with all local and State license requirements. (Including City decals and
business licenses)
Meet all motor vehicle inspection requirements (lights properly located, proper
side markers of proper colors, etc.)
Mark vehicles with company's name and telephone number as required by
State law.
Provide list that includes names, dates of birth, and social security numbers for
all drivers. Furnish the Police Department this information for any new hires
within 30 days of hire date.
Have appropriate equipment and drying chemicals on trucks for the cleadng of
debris from accident scenes as required by State law. Each truck must carry
reflector triangles or other emergency-warning devices, reflective vests, oil-
absorbent materials, fire extinguisher, broom, and a square-nosed shovel.
Ho
Each W.S.C. must maintain insurance issued by a company licensed to transact
business in this state, dudng the time period the service is listed on the Police's towing
list. The certificates shall provide coverage against any and all claims and demands
made by any person or persons whomsoever for property damages or bodily injury
(including death) incurred in connection with the services to be provided under this
contract. With respect to the Commercial General Liability coverage and the
Automobile Liability coverage and upon approval of this permit, and for each year the
W.S.C. is listed on the Police Department's tow list a Certificate of Insurance listing the
types and amounts of coverage set forth in this Agreement, the effective dates of such
insurance, and naming the City, its officers, employees and agents as additional
insureds shall be provided to the Roanoke Office of Risk Management. The required
certificates of insurances shall contain the following statement: "Should any of the
above-described policies be canceled or amended before the expiration date thereof,
the issuing company shall provide 30 days written notice to the City Manager." With
respect to the Worker's Compensation coverage, the W.S.C.'s insurance company
shall waive rights of subrogation against the City, its officers, agents and employees.
W.S.C.'s policy or combination of policies must result in the following forms and
amounts of insurance:
o
6.
7.
8.
Commercial General Liability: One million dollars ($1,000,000.00)
$1,000,000.00 General Aggregate Limit (other than Products/Completed
Operations)
$1,000,000.00 Products/Completed Operations Aggregate Limit.
$1,000,000.00 Personal Injury and Advertising Injury Liability (including liability
for slander, libel, and defamation of character)
$1,000,000.00 Each Occurrence Limit (including contractual liability).
Garage Liability: $1,000,000.00 per occurrence.
Garage Keeper's Legal Liability: $1,000,000.00 per occurrence.
Automobile Liability: $1,000,000.00 combined single limit.
Each W.S.C. must have an office and telephone number. The services must be open
8 hours per day, Monday through Friday except for holidays. Towing services must be
available 24 hours per day, 7 days a week. W.S.C. telephone numbers must be listed
in Roanoke telephone book under the business name.
Each W.S.C. will make a towed vehicle available to a citizen for pickup and payment
or access to essential belongings at any time within the first 24 hours after the vehicle
has been towed and within two hours after the citizen has notified the W.S.C. of his or
her intention to access the vehicle. After the first 24 hours, citizens can access their
vehicles during the normal business hours of the W.S.C.
Each W.S.C. shall notify the Police Department in writing if special circumstances,
such as illness, would prevent them from being able to respond to dispatch calls for
a period of time. Under normal circumstances when the weather is not a factor, if a
wrecker service refuses over three calls that were dispatched to them within a month
time and had not provided prior notification to the Police Department of special
conditions which prevent them from responding, they may be removed from the towing
list, after the situation is reviewed by the Board.
2
Ko
Oo
Each W.S.C. placed on the regular rotating list must have a City of Roanoke business
license and a secured storage facility lot in the City of Roanoke. Towed vehicles must
be properly stored within the City of Roanoke or at a secured storage facility lot that
is located no more than 2 road miles outside of City limits.
Each W.S.C. using answering services must be able to respond to the dispatch center
by telephone within three minutes of call. Each W.S.C. must be on the scene of
Police calls for service within 25 minutes of dispatch call. Should an accident scene
present a situation requiring an immediate response, due to complete blockage of
streets or other reasons deemed appropriate by public safety personnel, dispatchers
will not be required to wait for response or arrival and will move on to the next or most
appropriate service available. City dispatchers will not page wrecker services.
The Police Department's Patrol Sergeant will inspect wrecker services on an annual
basis to ensure compliance with these Rules and Regulations.
A complete list of towing and recovery fees will be available at each W.S.C. business
address. A copy of those fees will be submitted to the City of Roanoke's Police Patrol
Bureau no later than January 15 of each year the wrecker service is included on tow
list.
The City of Roanoke shall not be responsible for any towing or storage fees,
auctioneer's appraisal, fees or commissions, advertisement fees or expenses, or any
other fees or expenses incurred in connection with towing services provided by W.S.C.
Any W.S.C. discovered to be responding to police situations through the use of
monitoring equipment and without having been notified by the police dispatch center
may be removed from the rotating list, after the situation is reviewed by the Board.
The Police Department maintains two towing lists that divide the city into the northside
and the southside. W.S.C. can elect to be listed on one or both of these lists.
Failure to comply with any portion of these Rules and Regulations may result in
temporary or permanent removal from the City of Roanoke's tow list. Certain issues
and infractions will be reviewed by the Board before the Police Department takes final
action.
Each W.S.C. shall abide by all federal, state, and local laws, codes, ordinances and
regulations at all times.
Employment discrimination by any W.S.C. is prohibited. While on the towing list, each
W.S.C. agrees as follows:
The W.S.C. will not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, sex or national origin.
The contractor agrees to post in conspicuous places, available to employees
and applicants for employment, notices setting forth the provisions of this
non-discrimination clause.
3
The W.S.C., in all solicitations or advertisements for employees placed by or
on behalf of the contractor, will state that such contractor is an equal
employment opportunity employer.
Notices, advertisements and solicitations placed in accordance with federal law,
rule or regulation shall be deemed sufficient for the purpose of meeting the
requirements of this section.
Each W.S.C. will include the provisions of the foregoing paragraphs 1, 2, and
3, in every subcontract or purchase order of over $10,000 so that the provisions
will be binding upon each subcontractor or vendor.
4
Date
Name of Applicant
Attachment 2
APPLICATION TO PROVIDE WRECKER SERVICE
Local Business Address
Business Telephone
Owner's Name (if sole proprietorship or partnership)
Home Address
Home Telephone
Name of Company's General Insurance Carrier
Policy Number
Insurance Agent
Number of vehicles to be used
List each vehicle to be used (include make, model, license number, and towing
capacity/weight of each)
Attach a complete list of all towing services and charges that may be billed to a customer
as a result of services rendered pursuant to this agreement.
The undersigned has received and reviewed the requirements to be placed on the rotating
wrecker service list established by the Roanoke City Police Department and understands and
agrees that the service must meet all standards and procedural requirements as set forth by
the Roanoke City Manager and that the company will be removed from the list for violations
of such standards or requirements or applicable Federal, State or local laws.
Copies of general liability and of vehicular liability certificates are attached.
Signature Attest:
APPROVE DISAPPROVE
RETURNED FOR FURTHER INFORMATION
City Manager/Designee
Date
2
Mary F. Parker, CMC
City Clerk
CITY OF ROANOKE
Office of the City Clerk
June 10, 2000
File #20-46-183
Sandra H. Eakin
Deputy City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 34844-060500 authorizing the City Manager's
execution of Amendment No. 3, in an increased amount of $35,000.00, to the City's
contract with Mattern & Craig, Inc., for additional engineering services for traffic signal
design at two intersections, Airport Road at Municipal Road and Airport Road at Towne
Square Boulevard. The abovereferenced measure was adopted by the Council of the City
of Roanoke at a regular meeting which was held on Monday, June 5, 2000.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:Io
Attachment
pc:
James D. Grisso, Director of Finance
Kit B. Kiser, Assistant City Manager for Operations
Robert K. Bengtson, Director, Department of Public Works
C:~MyFile~XJUNES.WPD
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of June, 2000.
No. 34844-060500.
A RESOLUTION authorizing the City Manager's execution of Amendment No. 3 to the
City's contract with Mattern & Craig, Inc., for additional engineering services for traffic signal
design at two intersections (Airport Road at Municipal Road and Airport Road at Towne Square
Boulevard).
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager is authorized to execute for and on behalf of the City, upon form
approved by the City Attorney, Amendment No. 3 to the City's contract with Mattern & Craig, Inc.,
for additional engineering services for traffic signal design at two intersections (Airport Road at
Municipal Road and Airport Road at Towne Square Boulevard), all as more fully set forth in the
report to this Council dated June 5, 2000.
2. The Amendment No. 3 will provide authorization for additions in the work with an
increase in the amount of $35,000 to the contract, all as set forth in the above report.
ATTEST:
City Clerk.
H:~ES~R-AmdNoB.MCraig. S ignal.Airport.6_5_00
Honorable David A.
Roanoke, Virginia
Roanoke City Council
Regular Agenda Report
June 5, 2000
Bowers, Mayor, and Members of City Council
'00 iIA¥ 30 P2:55
Dear Mayor and Members of Council:
Subject:
Background:
Amendment to Engineering Services Agreement
for Traffic Signalization Projects
City Council authorized the City Manager to execute an agreement with the County of
Roanoke to share in the cost of traffic signalization on Airport Road, at its April 3, 2000,
meeting. A resolution is needed to authorize the execution of Amendment No. 3 to the
traffic signal design services agreement with Mattern & Craig, P.C., for traffic signal design
at two (2) additional intersections (Airport Road at Municipal Road and Airport Road at
Towne Square Boulevard). Amendment No. 3 would increase the current contract amount
by $35,000 (from $94,000 to a new total of $129,000).
Considerations:
Funding is available in the "Airport Road Traffic Signals" account. County of Roanoke will
ultimately reimburse City of Roanoke for 50 percent of this cost. Mattern & Craig, P.C., is
prepared to begin work in an effort to meet the April 15, 2001 completion date for traffic
signal installation. '
Recommended Action:
City Council approve the attached resolution to authorize the City Manager to execute
Amendment No. 3 to the contract with Mattern & Craig, P.C., in the amount of $35,000 for
two (2) new signalization projects.
City Manager
Attachment: 1
c: City Clerk
City Attorney
Director of Finance
Director of Public Works
#00-141
Mary F. Parker, CMC
City Clerk
CITY OF ROANOKE
Office of the City Clerk
June 10, 2000
File #60-188
Sandra H. Eakin
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 34845-060500 amending and reordaining certain
sections of the 1999-2000 Capital Projects Fund Appropriations, providing for appropriation
of $79,270.00, in connection with grant funds received from the Commonwealth of Virginia,
Department of Emergency Services, for Project Impact. The abovereferenced measure
was adopted by the Council of the City of Roanoke at a regular meeting which was held
on Monday, June 5, 2000.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:Io
Attachment
pc:
Wayne G. Strickland, Executive Director, Roanoke Valley-Allegheny Regional
Commission,-313 Luck Avenue, S. W., Roanoke, Virginia 24016
Darlene L. Burcham, City Manager
Wanda B. Reed, Steering Committee Chair, Project Impact
C:'uMy Files',JUNE5 ~ WP D
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of June, 2000.
No. 34845-060500.
AN ORDINANCE to amend and reordain certain sections of the 1999-2000
Capital Projects Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government of the City
of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that
certain sections of the 1999-2000 Capital Projects Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
AoDrooHations
Sanitation
Project Impact Elevation Certificates (1) ...........................
$1,915,429
79,270
1) Appropriated from
Third Party
(008-052-9733-9004)
$ 79,270
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
Roanoke City Council
Regular Agenda Report
June 5, 2000
Honorable David A. Bowers, Mayor, and Members of City Council
Roanoke, Virginia
'00 /tgY 31 htO :06
Dear Mayor and Members of Council:
Subject:
Background:
Appropriation of Grant Funding Received for Project Impact
On December 15, 1998, the City of Roanoke, Roanoke County, Salem, and Vinton entered
into a Partnership Agreement with FEMA to become Virginia's first Project Impact
community. Under this initiative, the Roanoke Valley communities received $500,000 in
grant funding to begin efforts to better prepare for future disasters. These funds are being
administered by the Roanoke Valley - Allegheny Regional Commission.
Under Project Impact, the Stormwater Management Workgroup, has contracted for the
preparation of Elevation Certificates for the Valley's floodplain homes and businesses.
These Certificates will provide the detailed information for floodplain properties which will
provide many benefits such as: reducing flood insurance premiums for some properties,
streamlining future closings, assisting in floodproofing efforts, providing more accurate
flood warnings, streamlining floodplain building permits, and assisting future
purchase/relocation grant projects. As the initial Project Impact funding would cover only
about half of the Valley's floodplain buildings, additional grant assistance was pursued.
On April 28, 2000, the Virginia Department of Emergency Services approved a grant of
$79,269.78, which will allow completion of approximately 90% of the Valley's floodplain
properties. This grant represents 100% funding, and therefore requires no local matching
funds. These funds were inadvertently wired to the City of Roanoke on May 12, 2000, and
need to be transferred to the Roanoke Valley - Allegheny Regional Commission.
Recommended Action:
Authorize the Director of Finance to appropriate $79,269.78 that has been received from
the Commonwealth of Virginia, Department of Emergency Services, to a capital project
account entitled "Project Impact Elevation Certificates", and authorize the Director of
Finance to transfer these funds to the Roanoke Valley - Allegheny Regional Commission.
DLB/jgr
Respectfully submitted,
City Manager
C:
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
James D. Grisso, Director of Finance
# 00-142
H:\USER~CO~4ON~COUNCIL\REED\PROJiMPCT01.DOC
Mary F. Parker, CMC
City Clerk
CITY OF ROANOKE
Office of the City Clerk
June 10, 2000
File #20-57-60-217
Sandra H. Eakin
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 34846-060500 amending and reordaining certain
sections of the 1999-2000 Capital Projects Fund Appropriations, providing for appropriation
of $410,000.00 from the transfer to Capital Projects Fund to certain accounts, in
connection with projects related to transportation and infrastructure. The abovereferenced
measure was adopted by the Council of the City of Roanoke at a regular meeting which
was held on Monday, June 5, 2000.
Mary F. Parker, CMC
City Clerk
MFP:Io
Attachment
pc'
Darlene L. Bu. rcham, City Manager
James D. Ritchie, Sr., Deputy City Manager
Kit B. Kiser, Assistant City Manager for Operations
Robert K. Bengtson, Director, Department of Public Works
Barry L. Key, Director, Department of Management and Budget
C:gdyFilea~JNES.WPD
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of June, 2000.
No. 34846-060500.
AN ORDINANCE to amend and reordain certain sections of the 1999-2000
Capital Projects Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government of the
City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that
certain sections of the 1999-2000 Capital Projects Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
Aooroodations
Streets and Bridges
Peters Creek Road Extension (1) ..............................
Roadway Safety Improvement (2) .............................
Rep!acement of Curb, Gutter and Sidewalks (3) ..................
$ 25,244,244
790,083
290,000
100,000
Capital Improvement Reserve $ 13,283,192
Capital Improvement Reserve (4) ............................. 464,827
1 ) Appropriated from
General Revenue
2) Appropriated from
General Revenue
3) Appropriated from
General Revenue
4) Streets and Bridges
(008-052-9595-9003)
(008-052-9606-9003)
(008-052-9588-9003)
(008-052-9575-9181)
$ 70,000
140,000
100,000
100,000
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
Roanoke City Council
Regular Agenda Report
June 5,2000
'00 H~Y 30 P2:55
Honorable David A. Bowers, Mayor, and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
Subject: Transfer to Capital Projects Fund
Background:
The Transfer to Capital Projects Fund account in the General Fund (FY 1999-2000)
includes a balance of $210,000 budgeted for "Transportation Projects" and $200,000
budgeted for the "Curb, Gutter & Sidewalk Program". These amounts have not been
appropriated in accounts in the Capital Projects Fund. This needs to be done to properly
reserve these funds for the capital projects they were intended to finance. Projects related
to transportation and infrastructure would have a total of $410,000 available as a
supplement to funding made available from the past two (2) bond referendums.
Considerations:
Timing is important for funds to be appropriated prior to the end of the fiscal year. Projects
in need of funding are specifically identified as follows:
New curb, gutter and sidewalk: $100,000 to Capital Improvement Reserve for
Streets & Bridges account No. 008-052-9575-9181.
Replacement of curb, gutter and sidewalk: $100,000 to a new account to be
identified by the Director of Finance.
Roadway safety improvements at the intersection of Riverland Road/
Bennington Street/Mount Pleasant Boulevard: $140,000 to the Roadway Safety
Improvement Account No. 008-052-9606.
Final payment to the Virginia Department of Transportation for City's share of
Peters Creek Road Extension: $70,000 to the Peters Creek Road Extension
Account No. 008-052-9595.
Regular Agenda Report #00-144
June 5, 2000
Recommended Action:
City Council appropriate $410,000 from the Transfer to Capital Projects Fund into the
accounts listed in this report.
C;
City Clerk
City Attorney
Director of Finance
Director of Public Works
City Manager
#00 -144
Mary F. Parker, CMC
City Clerk
CITY OF ROANOKE
Office of the City Clerk
June 10, 2000
File #24-47
Sandra H. Eakin
Deputy City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 34847-060500 amending Article III, Public Vehicles
(Taxicabs and For-Hire Automobiles), of Chapter 34, Vehicles For Hire., of the Code of the
City of Roanoke (1979), as amended, by amending and reordaining subsection (g)of §34-
130 to provide for a change in the rate schedule for taxicab fares, effective as soon as
meters can be adjusted, but no later than July 1, 2000. The abovereferenced measure
was adopted by the Council of the City of Roanoke at a regular meeting which was held
on Monday, June 5, 2000.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:Io
Attachment
pc:
The Honorable Diane McQ. Strickland, Chief Judge, Twenty-Third Judicial Circuit
of Virginia
The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Roy B. Willett, Judge, Twenty-Third Judicial Circuit of Virginia
The Honorable Richard C. Pattisall, Judge, Twenty-Third Judicial Circuit of
Virginia
C:~VlyFileakIUN~5. WP D
Darlene L. Burcham
June 10, 2000
Page 2
pc:
The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia
The Honorable Julian H. Raney, Jr., Chief Judge, General District Court
The Honorable George W. Harris, Jr., Judge, General District Court
The Honorable Vincent A. Lilley, Judge, General District Court
The Honorable William D. Broadhurst, Judge, General District Court
The Honorable Jacqueline F. Ward Talevi, Judge, General District Court
The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic
Relations District Court
The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations
District Court
The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations
District Court
The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations
District Court
Evelyn Jefferson, Vice-President - Supplements, Municipal Code Corporation,
P. O. Box 2235, Tallahassee, Florida 32316
Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building,
Roanoke, Virginia 24011
Ronald S. Albright, Clerk, General District Court
Patsy A. Bussey, Clerk, Juvenile and Domestic Relations District Court
Peggy B. Stewart, Office of the Magistrate
Yellow Cab Services of Roanoke, Inc., 200 Shenandoah Avenue, N. E., Roanoke,
Virginia 24012
Steven R. St. Jacques, Fleet Manager, Liberty Cab, P. O. Box 1219, Roanoke,
Virginia 24006
North West Cab, 211 11th Street, N. W., Roanoke, Virginia 24017
Richard E. Viar, Attorney, 406 First Street, S. W., Suite 306, Roanoke, Virginia
24016
James D. Grisso, Director of Finance
C: ~t y FilesLFL.~5. WPD
1NTHECOUNCILOF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of June, 2000.
No. 34847-060500.
AN ORDINANCE amending Article III, Public Vehicles (Taxicabs and For-Hire
Automobiles), of Chapter 34, Vehicles For Hire, of the Code of the City of Roanoke (1979), as
amended, by amending and reordaining subsection (g) of {}34-130, Rate Schedule; and providing
for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The Code of the City of Roanoke (1979), as amended, is hereby amended and
reordained as follows:
(g)
§34-130. Rate Schedule.
The rates for services rendered by taxicabs and for-hire automobiles shall be as
follows:
(1)
,(2)
(3)
Distance rates:
a. For the first one-eighth (1/8) mile or fi.action thereof, one dollar and
eighty cents ($1.80).
b. For each additional one-eighth (1/8) mile or fi.action thereof, twenty
cents ($0.20).
Time rates: For each 40 seconds of waiting time, twenty cents ($0.20). While
a charge is made for waiting time, there shall be no charge for mileage under
the foregoing distance rates.
Extra passengers: For each additional passenger, thirty cents ($0.30).
2. In order to provide for the usual daily operation of the municipal government,
an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage.
The rates set out herein may be charged as soon as taxicab meters can be adjusted, which adjustment
shall be made no later than July 1, 2000.
ATTEST:
City Clerk
Roanoke City Council
Regular Agenda Report
June 5,2000
'O0 ..... 1!
Honorable David A. Bowers, Mayor, and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
Subject: Petition for Taxicab Fare Rate Increase
Background:
On April 3, 2000, City Council considered a petition dated March 24, 2000, on behalf of
Yellow Cab Services of Roanoke, Inc. for a taxicab fare rate increase. The petition,
copy attached, was referred to the City Manager for a report and recommendation back
to Council (See Attachment 1).
Rates for taxicab fares were last adjusted on October 14, 1990. The requested fare
increase amounts to an approximate 17% increase and seems well justified as
presented in the petition. Attached for Council's information are the results of a cab
fare survey conducted in 1999 (See Attachment 2).
The requested fare increase is:
From To
$1.60 for the first 1/7 mile
20¢ for each additional 1/7 mile
20¢ for each 60 sec. waiting time
$1.90 for the first 1/8 mile
20¢ for each additional 1/8 mile
20¢ for each 40 sec. waiting time
Also, attached is a copy of a letter dated April 12, 2000, from Mr. Steven St. Jacques
supporting the fare increase but recommending a different method of statement of the
fare (See Attachment 3).
Consideration:
Fares have not increased in almost 10 years, and an increase is justified. Fares seem
to be more easily understood by keeping incremental charges as a fraction of the initial
charge. The recommended wording of the proposed fare structure has been shared
with all three permitted cab companies with no dissent.
The Honorable David A. Bowers, Mayor, and Members of Council
Petition for Taxicab Fare Rate Increase
June 5, 2000
Page 2
Recommendation:
City Council amend City Code Section 34-130 (g) to provide that rate will be:
$1.80 for the first 1/8 mile plus
$1.60 per mile or $18.00 per hour
charged in 20¢ increments
Effective date to be as soon as meters can be adjusted, but no later than July 1, 2000.
Respectfully submitted,
I:~rlene L. Burc'~arff~
City Manager
Attachments (3)
CC;
City Clerk
City Attorney
Director of Finance
Yellow Cab Services of Roanoke, Inc.
Liberty Cab
North West Cab
Richard E. Viar, Attorney
#00-340
ATTACHMENT 1
APR-Ii-2000
14:44 ROANOKE CiTY MANAGER
TELEt:'HON£ (540) 3a, 5-0420
RICHARD E. VIAR '~.--..'_.-".' .:
ATTORNEY AT LAW · f~'!,f ;' ' ::" ' '
VALLEY B~,NK BUILDINg. SUITE 306
400 F,R$"r STREET. S.W. '~0
ROANOKE. VIRGINIA 2400'7
3.bo
TELE'FAX (,.540) 342-3788
March 24,2000
Mrs. Mary F. Pa~ker
City Clerk
Municipal Buildin8
215 Church Avenue
R. oanoke, Virginia. 2401
Yellow Cab Servicea of Roanoke, Inc.
Petition for Rate Increase
Dear Mrs. Pm'ker:
'On behalfofmy client, Yellow Cab Services of ROanoke, Inc., ! am enclosing
herewith a petition to City Council for an increase in the taxicab rates presently charged itt
ROanOke.
I ~ appreciate your filing this petition and Placing it on thc agenda for City
Council's next meeting.
Thanking you for your cooperation, I mn
Sincerely yours,
E. Viar
REV/mw
Enelosures
cc; Messrs, William & Stephen Roberts
A~R-11-~000 14: 45 ROANOKE C I TY I"IANAGER i$400S511~0 R. 03/'0~
PETITION
RII~HAI~CI i=. VIAR
TO THE COUNCIL OF TI-{E CITY OF ROANOKE
Yellow Cab Services of Roanoke, Inc., hereby respectfully petitions the Council for an.
adjustment in rates for taxicab service and for, hire automobiles in thc City of Roanoke, which
rates are regulated by Council under Section 34-130 of the Code of thc City of Roanoke (1979),
as amended.
There has been no increase in taxicab fares for nine years. Because of continuing and
substantial increases in the cost of doing business, your petitioner'is compelled to petition
Council for an adjustment in the rates for service. The proposed new rates represent an
approximate seventeen percent (17%) increase over present rates, and are required if the cab
company is to partially offset increased costs of doing business which have been experienced
since Council last allowed an increase by ordinance adopted October 15, 1990.
The increased Costs are dramatic: wages (office and garage) are.up 120% over 1990
wages; repair costs are up 100%; the cost of new taxicabs has increased 100%; the cost of
radios and taximeters are up 30%; and other costs are conunensurately higher.
With low unemployment in the Roanoke Valley, it is becoming increasingly difficult to
obtain competent, responsible drivers. The requested increase will provide higher earnings to
this traditionally underpaid segment of the work force.
The requested increases are as follows: (1) An increase in the initial distance rate from
$1.6,0 (1/7, niile)'to $1.90 (!/8 mile or fraction thereof), and from 20 cents for each additional
1/7 mile 'to 20 cents for each additional 1/8 mile (or fraction thereof'). Since the average trip itl
Roanoke presently costs $4.20 (2 miles), the average increase in fare will be 70 cents per trip, an
increase of 17%; (2) An increase in waiting time from 20 cents per minute of waiting time to
20. cents for each 40 seconds of waiting time, or $18.00 an hour. No increase is requested for
additional persons.
APR-'i 1.-2!300 14: 45 ROAHOt::E C I T','" HAl lAGER 154085.71138 P. 04/'06
, APR-I 1-2000 14: 45 ROANOKE C I T'f HAHAGER 15408531138 P. 04/06
Taxicab service in Roanoke is provided by Yellow' Cab (35 to 40 cabs) Liberty Cab
Company (i5 to 18 cabs) and Northwest Cab Company (1 cab). These companies have
continued to meet adequately the public's need for taxicab services in the City of Roanoke, but
cannot continue to do so unless the pfoposetl rate increases are granted.
The proposed, increase in rates is in line with those proposed or in effect in major cities in.
Virginia and throughout the nation. It should be noted that many cities levy extra charges not
tbund in Roanoke (e.g., for packages, laundry, tfight service, etc.)
It should be further noted that the taxicab industry is not subsidized in any manner
March 24, 2000
whatsoever by any governmental agency, at any level. .
It is respectfully requested that the Council grant the request of this petition as
expeditiously as possible.
Respectfully submitted,
Richard ~ Viar, its attorney
RIOHAI~IO 1~. VlAR
r.n..-~, ,n, 'r- ,-~ T'' ~,~r~} F~n~-n- 1 =,-.4n.°,=:~1 '1 ~l:q, P. 05 "06
APR-I 1-2000 14:46 ROANOKE C I TY I'qAN~L~ER 154~d~dSJllJ~ ~. Ub/Uo
~i~ARr~ E;.
ATTACHMENT A
.. $2.80 1 mile
4.20 2 miles
5.60 3 miles
7.00 4 miles
!.
II Proposed Taxicab Rate
,'. $3.30 I mile
,' 4.90 2 miles
,: 6.50 3 miles
8.10 4 miles
PRESENT TAXI,C,.AB RATES IN ROANOKE (SINCE OCT. 1990):
Average TaxiCa,b Trip in. Roanoke:
Distance: 2 miles
Present Cost: , $4.20
ProPosed new cost: $4.90
Percentage increase over present cost:
Percentage Increase
Over Present Rates
17.86%
16.67%
16.07%
15.71%
16.67%
APR-ii-2000 14:46 ROANOKE CITY MANAGER 15408531138 P.OG/OG
ROANOKE CITY'
HANAGER
15408531138
P.06/06
ATI'ACHMENT B
YELLOW CAB SERVICES OF ROANOKE INC.
Iucr~.a.qe in Costs_ of OperatiOn (since October, 1990)
Wages (garage and office)
Repair costs
Taxicab (new vehicles)
Miscellaneous (radios, taximeters, etc.)
% of ~lncrease
120 %
100%
100%
3O%
RiCHAi~ii~ lC, VIAR
TOTAL P.06
Attachment 2
COMPARISON OF FARES WITHIN VARIOUS CITIES
TRIP ROANOKE
LENGTH BRISTOL FAIRFAX
Current proposed
1 mile $2.80 $ 3.30 $ 2.80 $ 3.15
2 miles 4.20 4.90 4.30 4.65
3 miles 5.60 6.50 5.80 6.15
4 miles 7.00 8.10 7.30 7.65
CHARLOTTESVILLE LYNCHBURG NORFOLK RICHMOND WOODBRIDGE VA. BEACH SALEM ALEXANDRIA
$ 2.90 $ 3.20 $ 2.75 $ 2.70 $ 3.50 $ 2.75 $ 2.20 $ 3.00
4.40 5.00 4.15 4.20 5.00 4.25 3.40 4.50
5.90 6.80 5.55 5.70 6.50 5.75 4.60 6.00
7.40 8.60 6.95 7.20 8.00 7.25 5.80 7.50
ATTACHMENT 3
Liberty Cab
P. O. Box 1219, Roanoke, VA 24006
(540) . 45-100Z
Ride with Pride by calling 344-1776
April, 12,2000
City Manager of the City of Roanoke
215 Church Aveneue
Room 364
Roanoke, VA, 24011
Dear Mrs. Burcham,
We have received the second proposal for a taxi fare increase in Roanoke and are in support of it.
In the first proposal, in November 1999, we were concerned that the increase of extras to $1.00
from 30 cents would provide a hardship to families by increasing the total fare by very much more than
17%. In this second proposal, no increase for extras is requested.
In the first proposal, the waiting time increase was not technically feasible, due to unit price
accruals, although we supported it in theory.
We are in support of the basic distance price increase in this second proposal. I have attached an
abridged version of the Roanoke City code, with proposed amendments. I have also attached my
explanations for the proposed amendments.
The start price in most localities is the equivalent price of 1 mile, plus the first measure of
distance. Therefore, Roanoke's start price is the equivalent price of 1 mile, plus the first unit, or 1.40 plus
20 cents.
I have often thought that the rate card is complicated to understand and calculate if you were not
accustomed to using taxis. If the rate card and code is worded slightly different, it becomes easier to
perceive. Just like a good joke, it's the way you tell it.
Therefore I think stating the basic rates per mile and hour is best and the fractional increments
stated in cents, makes it easier to understand. The technical aspects such as fractions of mile and time
units will be dictated by the incremental charges. The rate card would read as example A,
Example A as opposed to Example B
$1.80 for the lb'st 1/8 mile plus 1.90 for the first 1/8 mile plus
$1.60 per mile or $18.00 per hour 20 cents for each 1/8 mile or
charged in 20 cents increments 20 cents for each 40 seconds of waiting time
Future increases would have to take the basic technical rules into account to avoid fractional denominators
of more than a single digit and the end result would be simpler to achieve.
I worked with Phillip Sparks about 5 years ago to help change the code because the old code
created a monopoly of one taxi service. That's the last time the code saw daylight. At some point in the
future, I would like to meet you so that we can address some anomalies in the code affecting door to door
passenger services that circumvent the code somehow. However, I appredate that you are taking the time
to read n~, ideas on this occasion.
Yours Sincerely,
Liberty Cab, Fleet Manager
· Sisson & St. Jacques Corp, Sect/T~.
Liberty Cab
P. O. Box 1219, Roanoke, VA 24006
Executive Offices: (540,) 345-1007 Ride with Pride by calling 344-1776
9/13/1999; I 1/11/1999; 4/11/2000 S. R. St. Jacques, Liberty Cab
Itafics and underlines = deletions; Bold type -- additions.
Division 4. FARES
Sec 34-129 "Waiting time" defined
For the purposes of this division, "waiting time" shall include the time a public vehicle is stopped in traffxc or at the direction of the
passenger or whenever the vehicle slows to a speed at which the charges under the distance rates prescribed in this division are less
than the charge for the time rate, but shall not include the first three (3) minutes of the time at the place to which the vehicle has been
called or time of waiting caused by a premature response to a call.
Sec 34-130 Rate Schedule
(a) The rates for taxicab and for-hire automobile service within the city shall be established from time to time by ordinance of the
council of the city. No different rates shall be charged or collected for such service.
(b) The rates to be charged and collected for taxicab service shall be determined by accurate taximeters.
(c) The rates to be charged and collected for for-hire automobile service shall be determined by accurate odometers.
(d) Waiting time shall include the time a vehicle is stopped in franc or stopped at the direction oft passenger. It shall also includp
time when the vehicle slows to a speed at which the charges under the distance rates are less than the charge for the time rates.
Waiting time shall not include the first three (3) minutes after the vehicle has arrived at the destination to which it was called
(e) When calls to a phce of pick up are made to a taxicab or for-hire vehicle located at a stand, no charge shall be made until the
taxicab or for-hire automobile arrives at the point of pickup.
(f) When a charge is made for waiting time, there shall be no charge for mileage.
(g) The rates for service rendered by taxicabs and for-hire vehicles shall be as follows:
(1) Waiting Time and Distance will be charged in increments of twenty cents ($0.20). While a charge is made for waiting
time, there shall be no charge for mileage under these rates.
(2) For the first one-eighth (1/8) mile, one dollar and eighty cents ($1~80).
(3) Distance Rates: For each additional mile, one dollar and sixty cents. ($1.60)
(4) Time Rates: For each one hour of waiting time, eighteen dollars ($18.00).
(5) Extra Passengers: For each additional passenger, thirty cents ($0.30) with a maximum charge of one dollar and
twenty cents ($1.20) for four (4) extra passenger~
(1) Distance Rates:
(a)For the first one-seventh (1/7} mile or fraction thereof, one dollar and sixty cents ($1.60)
(b )For each additional one-seventh (1/7} mile or fraction thereof, twenty cents ($0.20}
(2) Time Rates:
For each one minute of waiting time, twenty cents ($0.20}. While a charge is made for waiting time, there shall be no charge for
mileage under the foregoing distance rates.
(3) Extra Passengers:
For each additional passenger, thirty cents (~0.30}
(h) A schedule of rates of those providing van service shall be filed with the city manager. These rates shall be subject to review by
city council from time to time at it's discretiop_
Sec 34-131. No charge nntil vehicle arrives at pickup point.
When calls are made by a public, vehicle from the stand to a residence or other place of pickup, no charge shall be made until the
vehicle arrives at the point of pickup.
Sec 34-132 Posting.
There shall be posted in a conspicuous place inside each public vehicle, printed in legible type, a permanently affixed card
showing the rates of fare prescribed to be charged for the use thereof.
End Page 1
Page 2
Notes, explanations, reasons, etc.
· "Sec 34-130 Rate Schedule
(c)The rates to be charged and collected for for-hire automobile service shall be determined by accurate odometers."
The above captioned line should be deleted.
Refer to Sec 34-58 Definitions
Remark: It is impossible to use an odometer to calculate 1/7 or 1/8 of a mile. This is the reason for these fractions, i.e. taximeters are
necessary for the protection of the general public. If one hires passenger transportation, one is assured that the for-hire vehicle driver is
the holder of a Roanoke City Drivers License and the time and distance will be accurately measured (by a meter). The exceptions
being a limousine or executive sedan, which charge by the hour according to State code. The meters are certified through Weights and
Measures officials of the State Consumer Affairs Divisioxt
· 34-130 Fare Schedule.
A taximeter charges a starting price and then it charges in UNITS. A unit is a fraction of distance AND a fraction of time. It will
charge either one or the other, but not both. The unit price is a single amount. Currently it is 20 cents. The meter will charge 20 cents
for 1/7 mile OR 60 seconds. After arriving at the base rote for mileage and then the base rate for waiting time, the fractions of time and
the fractions of distance can be calculated, ff the base rate is changed, i.e. $1.60 per mile and $18.00 per hour, then the UNIT price
will dictate the fractions. If the trait is 20 cents, then the fractions will be 1/8 of a mile AND 40 seconds of time; $18.00 divided by 20
cents and 1.60 divided by 20 cents, ff the UNIT price was 30 cents, then the fractions would be 3/16 of a mile and 60 seconds. Most
rates use basic fractions (1/7,etc) rather than complex fractions (2/15,etc), although a meter can handle it.
· 34-130 Fare Schedule.
(d) Waiting time ...
This line is redundant and is defined at 34-129
S. R. St. Jacques, Liberty Cab 345-1007.
Italics and underlines are deletions; Bold type are additions
9/13/1999 and 11/11/1999 and 4/11/2000
~d~2
Liberty Cab
Nationwide Taxi Fare Comparison
5/1/1998
1. City, State
2. Drop: Start Price Meter Hired
3. distance included in start price
4. Unit Price for each distaDce unit
5. Unit distance fraction of a mile
6. Traffic Delay price per minute, travel under 15mph approx
7. Waiting Time per hour, when instructed to wait by passenger
1 2 3 4 5 6 7 1 mile 5 miles 1 cab per/pop
Boise, ID
Honolulu, HI
Allentown, PA
Gillette, WY
Cambridge, MA
Anaheim, CA
Indianapolis, IN
Albuquerque, NM
Rke Proposal 4/00*
Elkhart, INI
Biloxi ,MS
Chicago, IL
Roanoke, VA*
Denver, CO
Fairbanks, AK
Jefferson City,MO
Atlanta, GA
Fort Worth, TX
Dallas, TX
1.80
2 00
1 90
3 10
1/6
3./8
1/7
1/6
35
25
28
1 60
1/6
1/8
1/7
1/1
.35
.45
.28
.30
35 00
19 80
18 00
18 00
3.55
3.75
3 58
4 43
11.95
11.75
11.42
10 83
1 0O
1 90
1 25
1 80
1 80
2 60
1 50
1 60
1 60
1.20
2.00
1.50
1.50
1.50
1.50
1/8
1/9
1/5
1/8
1/8
1/1
1/8
1/7
1/7
1/7
1/12
1/5
1/6
1/4
1/4
25
30
36
20
20
20
20
20
20
20
10
25
20
30
30
1/8
1/6
1/5
1/8
1/8
1/7
1/8
1/7
1/7
1/7
1/12
1/5
1/6
1/4
1/4
.32
.33
.36
.25
.30
.30
.40
.27
· '20
.30
.00
.00
.20
.20
.20
19
22
21
15
18
18
24
16
12
18
30
18
12
12
12
00
00
60
00
00
00
00
00
00
00
00
00
00
00
00
2 75 10 75
3 50 10 70
2 69 9 89
3 20 9 60
3 20 9 60
3 80 9.40
2 90 9.30.
2 80 8.40
2 80 8.40
2 40 8.00
3 10 7.90
2 50 7.50
2 50 7.30
2 40 7.20
2 40 7.20
3295
447
4772
4000
403
1281
1666
5167
2000
1774
2000
526
2000
2771
1500
2583
1570
2222
1315
taxifars.frm 05/01/1998 by S.R.St.Jacques
Note: many rates increased since 5/1998. Updated rates for 5/2000 available in 5/2000
Mary F. Parker, CMC
City Clerk
CITY OF ROANOKE
Office of the City Clerk
June 10, 2000
File #60-323
Sandra H. Ealdn
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 34848-060500 amending and reordaining certain
sections of the 1999-2000 General and Capital Projects Fund Appropriations, providing for
transfer of $31,000.00, in connection with improvements to the Main Roanoke City Library.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, June 5, 2000.
Mary F. Parker, CMC
City Clerk
MFP:Io
Attachment
pc:
Darlene L. Burcham, City Manager
James D. Ritchie, Sr., Deputy City Manager
George C. Snead, Jr., Assistant City Manager for Community Development
D. Darwin Roupe, Acting Director, Department of General Services
Lynn D. Vernon, Manager, Building Services
Beverly A. James, Director of Libraries
C:~MyFilesb'UNE5.WPD
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of June, 2000.
No. 34848-060500.
AN ORDINANCE to amend and reordain certain sections of the 1999-2000
General and Capital Projects Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government of the City
of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that
certain sections of the 1999-2000 General and Capital Projects Fund Appropriations, be,
and the same are hereby, amended and reordained to read as follows, in part:
.General Fund
Appropriations
Nondepartmental $64,103,992
Contingency - General Fund (1) .................................. 15,445
Transfers to Other Funds (2) .................................... 63,456,645
Capital Projects Fund
Appropriations
Parks, Recreation and Cultural
Main Library Improvements (3) ...................................
1) Pay Raise/
Supplemental Budget
2) Transfer to Capital
Projects Fund
3) Appropriated from
General Revenue
(001-002-9410-1152)
(001-004-9310-9508 )
(008-052-9640-9003)
(31,000)
31,000
31,000
$ 4,411,625
31,000
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
Roanoke City Council
Regular Agenda Report
June 5,2000
'00 t'i,~¥ 31 P~tO :06
Honorable David A. Bowers, Mayor, and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
Subject: Transfer of Funds for Main Library Improvements
Background:
A building condition assessment of the Main Library conducted by Balzer and
Associates, Inc. in association with Spectrum Engineers identified the need to replace
the electrical distribution and branch circuit panel boards as they are obsolete as well
as the renovation of a public restroom to comply with the ADA guidelines.
Considerations:
The cost of these improvements is estimated to be $31,000. Funds are available in the
General Fund Pay Raise/Supplemental Budget account 001-002-9410-1152.
Recommended Actions:
Transfer $31,000 to a new capital account to be established by the Director of Finance.
City Manager
CC:
City Clerk
City Attorney
Director of Finance
Director of Libraries
Acting Director of General Services
Building Services Manager
#00-418
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2401 l- 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
June 10, 2000
File #60-68-323
SANDRA H. EAKIN
Deputy City Clerk
Paula J. Vonheimburg, Executrix of the Estate
of Ms. Lenore Wiser Wood
656 Evergreen Drive
Hartford, Wisconsin 53027
Dear Ms. Vonheimburg:
I am enclosing copy of Resolution No. 34850-060500 accepting a monetary gift, in the
amount of $39,044.95, from the estate of Ms. Lenore Wiser Wood, to be used for the
continued beautification of Elmwood Park and the Main City Library. The abovereferenced
measure was adopted by the Council of the City of Roanoke at a regular meeting which
was held on Monday, June 5, 2000.
Please accept the heartfelt appreciation of the City of Roanoke for such a generous
donation which will be used for projects that will enhance the overall quality of life for
Roanoke's citizens.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:Io
Enclosure
pc:
Dadene L. Burcham, City Manager
James D. Grisso, Director of Finance
George C. Snead, Jr., Assistant City Manager for Community Development
John VV. Coates, Director, Department of Parks and Recreation
Beverly A. James, Director of Libraries
C:XMyFilez~IES.WPD
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 5th day of June, 2000.
No. 34850-060500.
A RESOLUTION accepting the monetary gift from the estate of Ms. Lenore Wiser Wood,
to be used for the continued beautification of Elmwood Park and the Main City Library, and
expressing appreciation for said gift.
WHEREAS, Ms. Lenore Wiser Wood, a long time resident of the Patrick Henry Hotel,
passed away on March 25, 1999; and
WHEREAS, Ms. Wood was a great admirer of Elmwood Park and spent many hours at the
Main City Library; and
WHEREAS, Ms. Wood provided in her will that $39,044.95 of her estate be divided between
the Department of Libraries and the Department of Parks and Recreation for the continued
beautification of Elmwood Park, the Main City Library, and for other street beautification projects
as the City may deem best.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that:
1. The monetary gift of $39,044.95 from the estate of Ms. Lenore Wiser Wood is
hereby accepted, said funds to be used for the continued beautification of Elmwood Park and the
Main City Library, and shall be appropriated in accordance with the provisions contained in the
report to this Council dated June 5, 2000.
2. The City Clerk is directed to express the City's gratitude for such monetary gift to the
Executrix of Ms. Wood's estate.
ATTEST:
City Clerk.
N:\C~ur~s'~-DLC -Cfi_q-Wood-6.- $ -00
Mary F. Parker, CMC
City Clerk
CITY OF ROANOKE
Office of the City Clerk
June 10, 2000
File #60-68-323
Sandra H. Eakin
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 34849-060500 amending and reordaining certain
sections of the 1999-2000 Capital Projects Fund Appropriations, providing for appropriation
of$19,522.00 to the Department of Parks and Recreation and appropriation of $19,523.00
to the Main City Library, in connection with a gift from the estate of Ms. Lenore Wiser Wood
to be used for continued beautification of Elmwood Park, the Main City Library and other
street beautification projects as the City deems appropriate. The abovereferenced
measure was adopted by the Council of the City of Roanoke at a regular meeting which
was held on Monday, June 5, 2000.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:Io
Attachment
pc:
Darlene L. Burcham, City Manager
George C. Snead, Jr., Assistant City Manager for Community Development
John W. Coates, Director, Department of Parks and Recreation
Beverly A. James, Director of Libraries
C:~MyFilez~JUN~5.WPD
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of June, 2000.
No. 34849-060500.
AN ORDINANCE to amend and reordain certain sections of the 1999-2000
Capital Projects Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government of the
City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that
certain sections of the 1999-2000 Capital Projects Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
A~3~3ropriations
Community Development $ 2,346,645
Main Library - Gift from Lenore Wood (1) ......................... 19,523
Parks and Recreation - Gift from Lenore Wood (2) .................. 19,522
1) Appropriatedfrom
Third Pa~y
2)Appropriated ~om
Third Pa~y
(008-052-9661-9004)
(008-052-9664-9004)
$19,523
19,522
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
Roanoke City Council
Regular Agenda Report
June 5,2000
'00 E/~y 31 /~10:06
Honorable David A. Bowers, Mayor, and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
Subject: Gift from Estate of Ms. Lenore Wiser Wood
Background:
Ms. Lenore Wiser Wood, a long time resident of the Patrick Henry Hotel in Roanoke, died
on March 25, 1999. Because of her great admiration and love for Elmwood Park and the
many hours of enjoyment spent in the Main Library, Ms. Wood included the City of
Roanoke in her will. Specifically, she directed "the funds constituting this bequest be
used...for the continued beautification of Elmwood Park, the Main City Library...and for
other street beautification projects as the City may deem best."
The City received a check, in the amount of $39,044.95, on April 27, 2000. The
Department of Parks and Recreation and the Department of Libraries will share the funds,
which will be used to purchase furnishings for the Main Library and to replace the pond
covers, purchase aquatic plants, hanging baskets, and a tree for Elmwood Park.
Recommended Action:
Accept the gift and appropriate these funds to two separate capital project accounts, one
for Parks and Recreation in the amount of $19,522.00 and the other for Libraries in the
amount of $19,522.95. Expression of gratitude will be sent to the Executrix of Ms. Wood's
estate.
CC:
City Clerk
City Attorney
Director of Finance
Director of Parks and Recreation
Director of Libraries
Respectfully,
City Manager
#00.-419
DAVID A. BOWERS
Mayor
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE S.W. - ROOM 452
ROANOKE, VIRGINIA 24011 - 1594
TELEPHONE: (540) 853-2444
FAX: (540) 853-1145
June 2, 2000
The Honorable Vice-Mayor and
Members of Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
The following remarks of honor and appreciation are being submitted
by Vice-Mayor Elect and General Manager of the Patrick Henry Hotel,
Bill Carder, relative to Item 5.a.9 on City Council Agenda for
Monday, June 5, 2000, regarding Ms. Lenore Wiser Wood:
"Ms. Wood moved to Roanoke 25 years ago from New York City.
After visiting Roanoke, she fell in love with the City and
lived at the Patrick Henry Hotel for 25 years, until her death
last year.
Ms. Wood was a member of the Patrick Henry Hotel "family".
She loved the City and its people. She was very excited about
the transition that had occurred in the City over the last 10
years. She had a passion for Elmwood Park and the Library.
Not many people know that Ms. Wood was one of the world's
authority on astrology and numerology. She performed charts
for people as famous as Versace, to the employees of the
Patrick Henry.
Even to her last days, she was vibrant, exciting and always
had a positive attitude about life.
We at the Patrick Henry Hotel miss her greatly.,,
In loving memory submitted by,
William (Bill) H. Carder
Sincerely,
Mayor
DAB:WHC: jj
Mary F. Parker, CMC
City Clerk
CITY OF ROANOKE
Office of the City Clerk
June 10, 2000
File fl442
Sandra H. Eakin
Deputy City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
June 5, 2000, certain Council Members suggested that prior to the end of the school year,
Roanoke City School students should be provided with information advising that the bicycle
helmet law will take effect on October 1,2000, and encouraging that they not ride bicycles
without a protective helmet. It was also suggested that a method be initiated to identify
those helmets donated by the City.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:Io
pc:
James D. Grisso, Director of Finance
George C. Snead, Jr., Assistant City Manager for Community Development
Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools
C:kMyFile~UNE~;.WPD
Mary F. Parker, CMC
City Clerk
CITY OF ROANOKE
Office of the City Clerk
June 10, 2000
File #60-277-405
Sandra H. Eaki.'n
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 34852-060500 amending and reordaining certain
sections of the 1999-2000 General and Capital Projects Fund Appropriations, providing for
appropriation/transfer of $165,000.00, in connection with an update to Outlook Roanoke,
a 5-year plan for downtown Roanoke. The abovereferenced measure was adopted by the
Council of the City of Roanoke at a regular meeting which was held on Monday, June 5,
2000.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:Io
Attachment
pc:
R. Matthew Kennell, Executive Director, Downtown Roanoke, Inc., 310 First Street,
S. W., Roanoke, Virginia 24011
Dadene L. Burcham, City Manager
James D. Ritchie, Sr., Deputy City Manager
Barry L. Key, Director, Department of Management and Budget
C:XMyFiI~sXJUNES.WPD
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of June, 2000.
No. 34852-060500.
AN ORDINANCE to amend and reordain certain sections of the 1999-2000
General and Capital Projects Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government of the City
of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that
certain sections of the 1999-2000 General and Capital Projects Fund Appropriations, be,
and the same are hereby, amended and reordained to read as follows, in part:
General Fund
Appropriations
Public Safety
Jail (1-2) ..................................................
$44,568,302
9,083,218
Nondepartmental
Contingency - General Fund (3) ................................
Residential Fringe Benefits (4) .................................
Miscellaneous (5) ...........................................
Transfers to Other Funds (6) ..................................
$64,103,992
46,445
1,505,150
52,017
63,425,645
Capital Projects Fund
Appropriations
Community Development
Downtown Plan Update (7) ...................................
$2,472,600
165,000
1) VRS - Jail
2) FICA - Jail
3) Contingency
4) Medical Insurance
5) Miscellaneous
(001-024-3310-1110)
(001-024-3310-1120)
(001-002-9410-2199)
(001-004-9110-1125)
(001-004-9140-2170)
$(25,000)
(15,000)
(47,104)
(35,000)
(42,896)
6) Transfer to Capital
Projects Fund
7) Appropriated from
General Revenue
(001-004-9310-9508)
(008-052-9579-9003)
$165,000
165,000
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
L'l'~y rLF~,:~' .~
Roanoke City Council
Regular Agenda Repor~ JU!~ -1 A8:26
June 5,2000
Honorable David A. Bowers, Mayor, and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
Subject: Appropriation of Funds - Downtown Outlook Update
Background:
Outlook Roanoke, a 5 year plan for downtown Roanoke, was completed in April 1997 by
Urban Design Associates. The plan continued a public participatory process for downtown
that began in 1979 and was updated in 1985. The plan was a joint effort of Downtown
Roanoke, Inc., the City of Roanoke, and the Roanoke Redevelopment and Housing
Authority.
The Plan needs to be updated to strengthen Roanoke's economic vitality in the downtown
and its surrounding neighborhoods. The plan will include downtown neighborhoods and
focus on the siting of future downtown projects (i.e. housing, main library, new hotel site,
upscale retail and entertainment). Issues in the near future that must be carefully
considered include: key opportunities for additional downtown business development,
support services for downtown housing, community design standards for new
development, integration of new development with adjacent neighborhoods,
redevelopment of selected downtown areas, and parking.
Considerations:
Downtown Roanoke, Inc. desires to work with the City and the Housing Authority to
update this important plan and has requested our assistance in moving this project
forward. With the city's initiation of a downtown parking study, important decisions related
to downtown development must be made in a timely manner and integrated into other
initiatives to ensure a successful future for downtown.
Preliminary discussions with Downtown Roanoke, Inc. have indicated that the cost to
update the plan to meet downtown's immediate needs will be approximately $165,000.
The plan will be coordinated with the City's Comprehensive Plan and with neighborhood
plans surrounding the downtown. It is expected that an advisory committee, representing
diversified business and neighborhood interests, would be established to guide the plan
and the public participation process. The ultimate goal would be to make the plan an
adopted component of the Comprehensive Plan. If started in June, the downtown plan
could be completed by the end of the year.
Council action is needed to appropriate funds to Downtown Roanoke, Inc. and to authorize
the transfer of funds totaling $165,000 for the purposes of updating the downtown plan.
Additional contributions and in-kind services are expected from Downtown Roanoke, Inc.
and the Roanoke Redevelopment and Housing Authority.
Recommended Action:
It is recommended that City Council appropriate and authorize the transfer of funds as
follows:
Appropriation/Transfer From:
Account Name
Account Number
Amount
General Fund Contingency
Miscellaneous Refunds
VRS - Jail
FICA - Jail
Residual Fringe Benefits - Health Insurance
001-002-9410-2199
001-004-9140-2170
001-024-3310-1110
001-024-3310-1120
001-004-9110-1125
$47,104
42,896
25,000
15,000
35,000
Total - Appropriation/Transfer From
$165,000
Appropriation/Transfer To:
Account Name
Account Number
Amount
$165,000
Downtown Plan Update
008-052-9579-9003
We will continue to keep you appraised of our progress in updating Outlook Roanoke. It
is expected that City Council will be involved in the update and that it will be integrated
with the City's Comprehensive Plan and applicable neighborhood plans.
City Clerk
City Attorney
Director of Finance
Office of Management & Budget
Respectfully submitted,
City Manager
# 00-421
Mary F. Parker, CMC
City Clerk
CITY OF R O/tNOKE
Office of the City Clerk
June 10, 2000
File #60-236-323
Sandra H. Eakin
Deputy City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 34854-060500 accepting a Library Services and
Technology Act Grant in the amount of $10,000.00, for the blind and visually impaired.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, June 5, 2000.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:Io
Attachment
pc:
George C. Snead, Jr., Assistant City Manager for Community Development.
Beverly A. James, Director of Libraries
C:~vlyFilm'0UN~$. WPD
1N TH~ COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of June, 2000.
No. 34854-060500.
A RESOLUTION accepting a Library Services and Technology Act (LSCA)
blind and visually impaired.
Grant for the
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City hereby accepts a Library Services and Technology Act (LSCA) Grant for
the blind and visually impaired in the amount of $10,000.00, to be used for the purchase of a
computer workstation and software for access by the blind and visually impaire~l to the Intemet and
other electronic resources at the Main Library, as more particularly set forth in the June 5, 2000,
report of the City Manager to this Council.
2. The City Manager is authorized to execute any and all requisite documents, including
any documents providing for indemnification by the City as are required for the City's acceptance
of this grant, upon form approved by the City Attorney, and to furnish such additional information
as may be required in connection with the City's acceptance of this grant.
ATTEST:
City Clerk.
H: ~l~S~R-Grant- LibLS TA-6- $.00
Mary F. Parker, CMC
City Clerk
CITY OF ROANOKE
Office of the City Clerk
June 10, 2000
File #60-236-323
Sandra H. Eakin
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 34853-060500 amending and reordaining certain
sections of the 1999-2000 Grant Fund Appropriations, providing for appropriation of
$10,000.00 and $2,500.00, in connection with grants awarded by the Library of Virginia
underthe federal Library Services and Technology Act, State Administered Program. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Monday, June 5, 2000.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:Io
Attachment
pc:
Darlene L. Burcham, City Manager
George C. Snead, Jr., Assistant City Manager for Community Development
Beverly A. James, Director of Libraries
C:LMyFilezkIUNE$.WPD
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of June, 2000.
No. 34853-060500.
AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Grant
Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government of the City
of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 1999-2000 Grant Fund Appropriations, be, and the same are hereby,
amended and reordained to read as follows, in part:
ADDroDHations
Parks, Recreation and Cultural
Library Services and Technology Grant (1) ......................
Library Services - Youth Services Grant (2) ......................
Revenue
17,500
10,000
2,500
Parks, Recreation and Cultural
Library Services and Technology Grant (3) ......................
Library Services - Youth Services Grant (4) ......................
17,500
10,000
2,500
1) Other Equipment
2) Fees for Professional
Services
3) State Grant Receipts
4) State Grant Receipts
(035-054-5027-9015)
(035-054-5028-2010)
(035-054-5027-5027)
(035-054-5028-5028)
$10,000
2,500
10,000
2,500
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be
in effect from its passage.
ATTEST:
City Clerk
Roanoke City Council
'00 MAY 2d P.31~ular Agenda Report
June 5,2000
Honorable David A. Bowers, Mayor, and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
Subject: Library Services and Technology Act (LSTA) Grants
Background:
The Roanoke Public Library has been awarded two grants by the Library of Virginia
under the federal Library Services and Technology Act, State Administered Program.
The assistive technology grant of $10,000 will be used to purchase a computer
workstation and software that will allow the blind and visually impaired to access the
Internet and other electronic resources at the Main Library. The youth services grant of
$2500 will be used to support the Homework Helpline project sponsored by Blue Ridge
Public Television, Roanoke City Public Schools, and others.
Considerations:
There is no local match required for these grant funds. The grants must be expended
by September 30, 2000.
Recommended Actions:
Appropriate $12,500 to the following grant fund accounts:
Other Equipment
Fees for Professional Services
035-054-5027-9015 $10,000
035-054-5028-2010 $ 2,500
Increase revenue estimate in an account to be established by the Director of Finance.
C:
City Clerk
City Attorney
Director of Finance
Director of Libraries
City Manager
~)0-713
Mary F. Parker, CMC
City Clerk
CITY OF ROANOKE
Office of the City Clerk
June 10, 2000
File #60-207-450
Sandra H. Eakin
Deputy City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 34856-060500 authorizing the proper City officials
to execute a Performance Agreement between the City of Roanoke (City), the Industrial
Development Authority (Authority), and Southern Lane Group, LLC (SLG), that provides
for SLG to make an investment in the development of certain property along 220 South
below the Southern Hills neighborhood; and the City will appropriate up to $800,000.00 to
the Industrial Development Authority, for the purpose of promoting economic development
in order to fund the grant that the Industrial Development Authority intends to make to
Southern Lane Group. The abovereferenced measure was adopted by the Council of the
City of Roanoke at a regular meeting which was held on Monday, June 5, 2000.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:Io
Attachment
pc.'
Lynn D. Avis, Chair, Industrial Development Authority of the City of Roanoke, 3848
Bosworth Drive, S. W., Roanoke, Virginia 24014
Southern Lane Group, LLC, cio James F. Douthat, Attorney, Woods, Rogers and
Hazlegrove, 10 South Jefferson Street, Roanoke, Virginia 24011
Darlene L. Burcham, City Manager
Diane S. Akers, Acting Director, Department of Economic Development
C:kMyFileskIUNES.WPD
IN THECOUNCILOFTHECITY OF ROANOKE, VIRGINIA
The 5%h day of June, 2000.
No. 34856-060500.
AN ORDINANCE authorizing the proper City officials to execute a Performance Agreement
among the City of Roanoke (City), the Industrial Development Authority of the City of Roanoke,
Virginia (Authority), and Southern Lane Group, LLC (SLG), that provides for SLG to make a certain
investment in the development of certain property along 220 South below the Southern Hills
neighborhood; that the City will make an appropriation of up to $800,000 to the Authority, all for
the purposes of promoting economic development in order to fund the grant that the Authority
intends to make to SLG; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City Manager and the City Clerk are authorized on behalf of the City to execute
and attest, respectively, a Performance Agreement among the City, the Authority, and SLG, upon
certain terms and conditions as set forth in the report to this Council dated June 5, 2000. The
Performance Agreement is to be in a form approved by the City Attorney, and will provide that SLG
will make an investment for the development of certain property along 220 South below the Southern
Hills neighborhood and provide for certain infrastructure improvements to be constructed by SLG
on the said property within a certain period of time and that the property will generate a certain
amount of tax revenue within a certain period of time, all as more fully set forth in the said report.
The Performance Agreement will be substantially similar to the one attached to the above mentioned
report.
2. The City shall appropriate an amount up to $800,000 to the Authority for the purposes
of providing economic development in the City and the Roanoke Valley in order to fund the grant
that the Authority intends to make to SLG upon certain terms and conditions, all as more fully set
forth in the aforementioned rePort.
3. In order to provide for the usual daily operation of the municipal government, an
emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
Mary F. Parker, CMC
City Clerk
CITY OF ROANOKE
Office of the City Clerk
June 10, 2000
File #60-207-450
Sandra H. Eakin
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 34855-060500 amending and reordaining certain
sections of the 1999-2000 Capital Projects and Debt Service Fund Appropriations,
providing for appropriation of $800,000.00, in connection with execution of a Performance
Agreement with the Industrial Development Authority and Southern Lane Group, LLC,
relating to a certain investment in the development of property along 220 South below the
Southern Hills Neighborhood. The abovereferenced measure was adopted by the Council
of the City of Roanoke at a regular meeting which was held on Monday, June 5, 2000.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:Io
Attachment
pc:
Darlene L. Burcham, City Manager
Diane S. Akers, Acting Director, Department of Economic Development
C:~yFilezXJLrNE5.WPD
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of June, 2000.
No. 34855-060500.
AN ORDINANCE to amend and reordain certain sections of the 1999-2000
Capital Projects and Debt Service Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government of the City
of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that
certain sections of the 1999-2000 Capital Projects and Debt Service Fund Appropriations,
be, and the same are hereby, amended and reordained to read as follows, in part:
Capital Projects Fund
Al:)Drooriations
Economic Development
Southern Hills - 220 South Development (1) ......................
Debt Service Fund
Appropriations
Transfers to ~Other Funds (2) ..................................
1 ) Appropriated from
General Revenue (008-002-9645-9003) $ 800,000
2) Transfer to Capital
Projects Fund (012-004-8706-9508) 800,000
$20,100,995
800,000
$ 800,000
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
Roanoke City Council
Regular Agenda Report
June 5, 2000
Honorable David A. Bowers, Mayor, and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
Subject: 220 South Development
Background:
The Southern Lane Group, LLC (SLG) approached the city for assistance with a commercial
development along 220 South below the Southern Hills neighborhood. The Planning and
Community Development Department along with the Economic Development Department
and the neighborhood group met to discuss concerns of the neighborhood. After
determining the needs of all groups, the property was rezoned with proffers.
SLG has agreed to enter into a Performance Agreement with the City and the Industrial
Development Authority. Under the Agreement, SLG is to invest a minimum of $2 million in
the project and provide for infrastructure in the area, including a realigned Southern Hills
Drive to connect to Franklin Road approximately at the traffic light at Lowes and an upgraded
Southern Lane. In addition, improvements are to be made to drainage and up to seven sites
for commercial use are to be graded. SLG will construct this infrastructure according to state
and local standards and then dedicate these improvements to the City of Roanoke.
In return, the City of Roanoke will donate to the SLG, through the Industrial Development
Authority (IDA), up to $800,000 and the IDA will reimburse SLG one dollar for every two
dollars spent by SLG. A period of 30 months from the date of the Agreement will be allowed
for this draw down of funds and completion of its infrastructure. Funding is available in the
Debt Service Fund and will be repaid from the incremental taxes generated by development
of the property.
As per the performance agreement, the SLG development will generate $1.6 million in tax
revenue through real estate, personal property, BPOL, utility taxes, and other applicable
taxes within six and a half years of the signing of a performance agreement. Half of this
amount or $800,000, will be used for improvements needed by the Southern Hills
neighborhood.
If this area does not generate $1.6 million in tax revenue in six and one half years, SLG will
pay a proportional amount back to the IDA at 8% interest. For example, if the development
generates only $800,000 in this period, SLG will return to the IDA, $400,000 plus 8%
interest.
Honorable David A. Bowers, Mayor, and Members of City Council
Page 2
June 5, 2000
Recommended Actions(s):
City Council authorize the City Manager to sign a performance agreement with the IDA and
SLG substantially similar to the one attached and appropriate funding in the amount of
$800,000 from Debt Services Fund Reserve to an account number to be established by the
Director of Finance in the Capital Projects Fund.
Respectfully submitted,
City Manager
Report #00-30
Attachment: (1)
cc: James D. Grisso, Director of Finance
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
Diane S. Akers, Acting Director of Economic Development
DRAFT
· PERFORMANCE AGREEMENT
This Performance Agreement ("Agreement") is dated this ~ day of 2000,
by and among the City of Roanoke. Virginia, a municipal corporation organized and existing under
the laws of the Commonwealth of Virginia (City), the Industrial Development Authority of the City
of Roanoke, Virginia, an industrial development authority organized and existing under the laws of
the Commonwealth of Virginia (Authority), and Southern Lane Group, LLC, a Virginia Limited
Liability Company (SLG).
WITNE.__SSETH:
WHEREAS, the City has determined that it will make a gift or donation of money to the
Authority for the purposes of promoting economic development within the City and the Roanoke
Valley; and
WHEREAS, the Authority, based upon the application and undertakings of SLG, has
determined to make a grant to SLG to promote economic development in the City and the Roanoke
Valley; and
WHEREAS, SLG has purchased certain real property generally described as approximateiy
twelve acres just off of Route 220 in the Southern Hills Drive area of the City and SLG intends to
develop this area into a commercial area containing up to seven commercial sites; and
WHEREAS, the economic development grant to SLG will be in an amount up to $800,000.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto mutually agree as follows:
1. The City will donate an amount up to $800,000 to the Authority for the purposes of
promoting economic development in the City and the Roanoke Valley in order to fund the grant that
the Authority intends to make to SLG.
2. The Authority will make a grant of up to $800,000 for site preparation, design cost
and other construction or related work as and for the Authority's economic development grant to
SLG, upon SLG's compliance with the terms and provisions of this Agreement. The Authority's
obligations to pay or provide funds as provided in this Agreement shall extend only for a period of
30 months from the date of this Agreement, unless extended pursuant to Paragraph 3(E). The
Authority's obligations hereunder are not general obligations of the Authority, but are special
obligations of the Authority limited to those funds which are provided hereunder by the City and
received by the Authority.
3. SLG agrees and promises that in order to qualify to receive the economic
development grant from the Authority, SLG has or will do or cause to be done the following:
ho
Develop the approximately twelve acre site just offRoute 220 in the Southern
Hills Drive area of the City (the site is shown on a map attached hereto and
RKEtO$46~8.V~I~O
Do
go
made a part hereof and marked as Exhibit I) into commercial development
sites, hereafter referred to as the "Property;" and
Invest a minimum of $2,000,000 (not to include the amount of the economic
development grant) in the project to develop the Property., which investment
may include land acquisition, architectural/engineering/legal (consultant)
fees, site preparation, and construction of the infrastructure and/or other
construction on the Property; and
Within 30 months of the date of this Agreement, unless extended pursuant to
Paragraph 3(E), and subject to force majeure, construct as part of the
infrastructure for the Property a new part or section of Southern Hills Drive
which will provide access from Griff'm Road to Route 220 and a new part of
Southern Lane to connect to the new part of Southern Hills Drive (both
hereafter referred to as "road"), at no cost to the City and as generally shown
on Exhibit. I. SLG will also construct additional infi'astmcture on the
Property to include sidewalks and required public utilities such as water,
sewer and storm drain facilities at no cost to the City. The completed road
and infrastructure, after approval by the City, will be dedicated, without cost,
to the City.
SLG agrees the Property will be developed for commercial uses in
accordance with the zoning for the Property and, when fully developed, will
provide significant new tax revenue to the City.
The road and other infrastructure shall be designed and constructed to meet
all City, VDOT and other applicable requirements and specifications for such
items and shall be dedicated to the City with an assignment of any
maintenance warranty required for such items. SLG further agrees to
cooperate with the City in the construction of the road and infrastructure
serving the Property and require its contractors and architects/engineers or
other persons or entities it will employ or retain to cooperate with the City
and to coordinate their efforts with any work the City or its representatives
may be doing on the Property or in its vicinity. Any unreasonable time
consumed by such coordination will extend for a like amount of time the
period of construction or the period within which SLG may submit written
grant requests and the time within which the Authority is obligated to pay or
provide such funds under the terms of this Agreement. However, SLG must
' provide to the City and the Authority a written notice of any request for such
an extension of time within 30 days of the date of the event being claimed as
an unreasonable delay. The road and all infrastructure items will be
compatible with public roads or public utilities to which they might be
connected without any additional expense or cost to the City.
RKE ,~0546:368.WI~D 2
4. SLG agrees that it must pertbrm the obligations set forth above within the periods of
time set tbrth in this Agreement to qualify for the economic development grant and that it will pay
all reasonable fees, costs, and expenses of the Authority in connection with this matter, including
the reasonable fees of the Authority's counsel. Such fees, costs, and expenses will not be paid from
the grant funds.
5. SLG agrees that to qualify for the economic development grant and to retain the grant
funds it must develop the Property as provided in this Agreement, and that the commercial sites will
be held out for lease or sale for the commercial uses in accordance with zoning for the Property in
order to provide significant new tax revenue (to include real estate, personal property, machine and
tool, BPOL, sales and prepared food taxes) to the City. If SLG does not construct the road and
infrastructure contemplated herein or if the Property fails to generate tax revenue to the City within
the time periods contemplated in this Agreement, SLG will repay to the Authority a prorate part, as
determined by the provisions of Paragraph 7, of the $800,000 economic development grant paid SLG
under the terms of this Agreement up to the full amount of the grant actually paid SLG plus interest
at the rate of 8% per annum from the date such funds were received by SLG. This obligation will
be secured by a letter of credit or corporate backed security or guaranty approved by the City
Manager and Chairman or Vice Chairman of the Authority equal to the amount of the economic
development grant. This letter of credit or corporate backed security will be kept in effect and no~
terminated until completion of the construction of the road, the infrastructure required for the
commercial development, approval by the City of such construction and the generation of tax
revenue from the Property as required by Paragraph 7 or the prorate repayment of the economic
development grant contemplated in this Agreement.
6. The Authority will make the economic development grant of up to $800,000 available
to SLG on a periodic basis based upon written grant requests submitted by SLG to the Authority no
more frequently than once every 30 days. Provided, however, all such requests by SLG must be
made to the Authority within 30 months of the date of this Agreement and no request made at, er that
date will be granted, unless such time is extended pursuant to Paragraph 3(E). The Authority will
make the grant funds available to SLG at the rate of one dollar ($1.00) for each two dollars ($2.00)
of eligible cost that SLG has actually invested in or spent on the development of the Property. By
way of example only, SLG will need to spend or incur eligible costs of $100,000 before SLG could
request $50,000 of grant funds. SLG shall provide appropriate documentation to the reasonable
satisfaction of the Authority and the City of such investment. The written grant request(s) fi'om SLG
to the Authority for the grant funds shall be in a form attached hereto as Exhibit 2 and approved by
the Authority's counsel and shall contain sufficient information to allow the Authority to establish
the amount that SLG has expended or incurred in site development work or eligible costs in
connection with the development of the Property. Eligible costs for development do not include land
acquisition costs but do include all other costs of site preparation, design, construction, consultants
costs or fees, and other: costs related to the actual construction work on the Property. The Authority
may disapprove any request that does not comply with the requirements of this Agreement or require
that a revised request be submitted. The Authority will make any approved payments to SLG within
the later of (1) fourteen (14) working days from approval of the request or (2) five (5) working days
from the date of receipt of funds from the City; provided, however, that the Authority has no liability
in the event the City delays processing the Authority's requisition.
RKE#O546368.V~O 3
7. The economic development grant by the Authority to SLG must be used tbr
improvements to the property and is contingent upon the completion of the road and the
infrastructure within 30 months of the date of this Agreement and upon the generation by the
Property within six and one-half years of the date of this Agreement of new tax revenues (as set forth
in Paragraph 5) in the total aggregate amount of $1,600,000. Should the road and infrastructure for
the road not be completed and ready for acceptance by the City within 30 months of the date of this
Agreement, unless extended pursuant to Paragraph 3(E), the total grant payment received by SLG
will be repaid to the Authority with 8% interest per year from the date SLG received such funds upon
30 days notice by the Authority to SLG for the reimbursement of same. Should the road and
infrastructure for the Property. be completed as required by this Agreement, but the Property fail to
generate $1,600,000 in total tax revenues within the six and one-half years of the date of this
Agreement, then SLG will reimburse the Authority a prorata share of the total grant payment
received by SLG in the same proportion as the taxes paid to the City bear to the total amount of the
grant payment actually paid to SLG upon 30 days notice by the Authority to SLG for the
reimbursement of same.
Repayment of economic development grant funds will be governed by the amount actually
paid to SLG. For example:
(a) If the Authority pays the $800,000 economic development grant to SLG upon written
requests submitted within 30 months of the date of this Agreement and the road and the
infrastructure for the Property are completed and ready for acceptance by the City within 30 months
of the date of this Agreement and the Property generates a total orS 1,600,000 in tax revenues within
six and one-half years from the date of this Agreement, then the Authority shall not have the right
to request nor shall SLG have the duty to reimburse the Authority for any of the economic
development grant.
(b) If the Authority pays the $800,000 economic development grant to SLG upon written
grant requests submitted within 30 months of the date of this Agreement and if the road and the
infrastructure for the Property are not completed and ready for acceptance by the City within 30
months of the date of this Agreement, then SLG will reimburse all grant funds actually received, plus
interest at the rate of 8% per annum from the date of receipt of said funds, to the Authority.
(c) If the Authority pays the $800,000 economic development grant to SLG upon written
grant requests submitted within 30 months of the date of this Agreement and if the road and
infrastructure for the Property are completed and ready for acceptance by the City within 30 months
of the date of this Agreement, but if the Property does not generate $1,600,000 in total tax revenues
within six and one-half years from the date of this Agreement, then SLG will reimburse a prorated
amount of the grant ftmds actually received, plus interest at the rate of 8% per annum from the date
of receipt of said funds, to the Authority.
For example:
If after the end of six and one-half years fi'om the date of this Agreement the Property has
generated $1,200,000 in tax revenues, then 75% of the $1,600,000 total tax revenue goal will
RKE~O548~68.WPD 4
have been met. Assuming the $800.000 economic development grant has been paid to SLG.
then 25% of that $800,000, $200.000, would be due for repayment from SLG tO the
Authority with interest at the rate of 8% per annum from the date of receipt of the last
$200,000 paid to SLG by the Authority,.
8. Should SLG be required to pay back any of the funds to the Authority for failure to
comply with the requirements of this Agreement, the Authority agrees to return such funds to the
City. SLG will pay the Authority's reasonable fees and expenses, including the reasonable fees of
its counsel, incurred in requiring SLG to pay back any such funds. Should SLG not meet the
requirements for the entire $800,000, SLG will not request funds from the Authority that it is not
eligible to receive and the Authority will not request such funds from the City.
9. The Authority will request disbursement of funds from the City no more frequently
than once every 30 days on a form to be provided to the Authority by the City. The request will be
made through the City's Economic Development Office.
10. SLG agrees to indemnify, keep and hold the Authority, the City, their officers,
directors, agents, employees, representatives, attorneys and volunteers, free and harmless from any.
and all claims, causes of action, damages or any liability of any type on account of any injury or
damage to any persons or property growing out of or directly or indirectly resulting or arising out of
any acts, omissions, or activities of SLG or its agents, employees or representatives arising out of
or connected in any way to any of the matters involved in this Agreement or its performance.
11. SLG agrees it will comply with all federal, state, and local laws and regulations
applicable to the Property or in connection with this Agreement.
12. If any party is represented by a real estate or other broker in this transaction, that party
shall be fully responsible for any fee due such broker and shall hold the other parties harmless from
any claims for any commission by such broker. The Authority and the City have no obligation to any
real estate or other broker in this matter.
13. Each party agrees to cooperate with the other in executing any documents necessary
to carry out the intent and purpose of this Agreement and further agrees to make any books,
documents, papers and records which are pertinent to this Agreement available to the other parties
to this Agreement or any approving federal or state agency or any of their duly authorized
representatives for the purpose of making an audit, examinations, excerpts or transcriptions.
14. If any term of this Agreement is found to be void or invalid, such invalidity shall not
affect the remaining terms of this Agreement, which shall continue in full force and effect. The
parties intend that the provisions of this Agreement be enforced to the fullest extent permitted by
applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable by
a court or agency of competent jurisdiction, they shall be deemed modified to the extent necessary
to make them enforceable.
RKE#G548368.WPD 5
15. The persons who have executed this Agreement represent and warrant that thev are
duly authorized to execute this Agreement in their representative capacities as indicated.
16. This Agreement may be executed in any number of counterpart copies, each of which
shall be deemed an original, but all of which together shall constitute a single instrument.
17. The parties understand and acknowledge that Exhibit 1 may be attached to this
Agreement in preliminary form. Accordingly, the parties agree that upon the preparation of a final,
more complete exhibit, Exhibit I may be replaced by the parties with a final, more complete exhibit
which exhibit shall be agreed to and confirmed by the parties.
18. The terms, conditions, provisions and undertakings of this Agreement shall be
binding upon and inure to the benefit of each of the parties hereto and their respective successors and
assigns.
19. SLG shall not discriminate on the basis of race, religion, color, sex, age or national
origin in its employment practices, contracting or provision of services.
20. By virtue of entering into this Agreement, SLG agrees and submits itself to a com/t
of competent jurisdiction in the City of Roanoke, Virginia, and further agrees that this Agreement
is controlled by the laws of the Commonwealth of Virginia or any applicable federal laws and that
all claims, disputes, and other matters shall be decided only by such court according to the laws of
the Commonwealth of Virginia or any applicable federal laws.
21. SLG agrees that the City's or Authority's waiver or failure to enforce or require
performance of any term or condition of this Agreement or the City's or the Authority's waiver of any
particular breach of this Agreement by SLG extends to that instance only. Such waiver or failure is
not and shall not be a waiver of any of the terms or conditions of this Agreement or a waiver of any
other breaches of the Agreement by SLG and does not bar the City or the Authority from requirin~g
SLG to comply with all the terms and conditions of the Agreement and does not bar the City or the
Authority from asserting any and all rights and/or remedies it has or might have against SLG under
this Agreement or by law.
22. SLG will not assign any of its rights or obligations under this Agreement without the
prior written consent of the City and the Authority, which consent will not be unreasonably withheld,
and any such assignment will not relieve SLG of any of its obligations under this Agreement.
23. SLG will provide a letter of credit or corporate backed security or guaranty in a form
approved by the City Manager and the Chairman or Vice-Chairman for the Authority and no funds
will be disbursed until such approved security has been provided. Such performance security will
guarantee SLG's obligations under Paragraphs 3, 5, 7 and 10 of this Agreement.
24. SLG promises and agrees to grant and dedicate to the City reasonably necessary
easements or other legal interests on the Property for the construction of infrastructure improvements
RKE#O546368.WPO 6
benefitting the Property or surrounding areas including, but not limited to, storm drainage, samtary
sewers, and/or water, all at no cost to the City.
25. This Agreement constitutes the entire agreement o fthe parties and supersedes all prior
agreements between the parties. No amendment to this Agreement will be valid unless made in
writing and signed by the appropriate parties.
IN WITNESS WHEREOF, the parties have executed this Agreement by their authorized
representatives.
ATTEST:
CITY OF ROANOKE
By
Mary F. Parker, City Clerk
By
City Manager
WITNESS:
INDUSTRIAL DEVELOPMENT
AUTHORITY OF THE CITY OF ROANOKE
By.
ATTEST: SOUTHERN LANE GROUP, LLC, a
VIRGINIA Limited Liability Company
By. By.
SEAL
Member
Approved as to Form:
Approved as to Execution:
City Attorney
Appropriation and Funds Required for
this Contract Certified
City Attorney
Director of Finance
Date Acct. #
·
[o.o
,x
EXHIB[T 2 TO PERFORMANCE AGREEMENT FROM SLC
REQUISITION
Southern Lane Group, L.L.C. CSLG") party to that Performance Agreement (the
"Agreement") dated ,2000 by and between SLG, the City of Roanoke, Virginia
("City"), and the Industrial Development Authority of the City of Roanoke, Virginia
("Authority"), hereby submits, pursuant to said Agreement, this Requisition to reimburse SLG
for eligible costs and expenses incurred in connection with the development of a commercial area.
containing up to seven commercial sites mentioned and described in the Agreement, and in
support thereof attaches copies of invoices documenting the costs requisitioned.
The total amount requisitioned in $
In general, these eligible costs were incurred as described in Exhibit 1 [to be prepared by
SLG and attached to the Requisition].
The undersigned, a duly authorized representative of SLG does hereby certify that such
eligible costs have been properly incurred and/or expended for the development or construction
of a commercial area containing up to seven commercial sites as contemplated in the Agreement
and that SLG is entitled pursuant to the Agreement to requisition these amounts.
Total Economic Development Grant
$800,000
1. Amount requisitioned to date $
2. Amount of this requisition
3. Amount yet to be requisitioned $
WITNESS the following signature.
Date: ,2000
Southern Lane Group, L.L.C.
By:
Member
RKE# 0642458.WPD
C/M: 093230-00036-01
REQUISITION~ EXHIBIT
[General description of Expenditures]
[Attach invoices]
GUARANTY AGREEMENT
This GuararitY Agreement is made as of
by , a .organized under
the laws of (the "Guarantor") for the benefit of the City of Roanoke, Virginia
(the "City") and the Industrial Development Authority of the City of Roanoke, Virginia (the
"Authority").
This Guaranty is made and delivered pursuant to paragraph 23 of the Performance Agreement
dated (the "Performance Agreement") among the City, the Authority, and Southern
Lane Group, L.L.C. (SLG).
In consideration of the City and the Authority not requiring a corporate surety bond to
guarantee SLG's performance under the Performance Agreement, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Guarantor hereby
unconditionally guarantees to the City and the Authority the full and prompt payment and
performance of SLG's obligations under paragraphs 3, 5, 7, and 10 of the Performance Agreement.
If SLG fails to perform any of such obligations, the Guarantor shall upon demand by the Authority
or the City promptly and with due diligence pay and perform such obligations.
The Guarantor agrees to and does hereby submit itself for purposes of this Guaranty to a
federal or state court of competent jurisdiction in the City of Roanoke, Virginia and further agrees ·
that this Guaranty is controlled by the laws of' the Commonwealth of Virginia or any applicable
federal laws and that all claims, disputes and other matters hereunder shall be decided only by such
court according to the laws of the Commonwealth of Virginia or any applicable federal laws. The
Guarantor agrees that the venue of any disputes hereunder heard by a federal court will be in the
Roanoke Division of the United States District Court for the Western District of V'u'ginia.
IN WITNESS WHEREOF, the undersigned has caused this Guaranty to be executed by its
duly authorized officers as of the date first written above.
Attest: NAME OF GUARANTOR
By:
(SEAL)
Name:
Title:
Approved and Accepted:
Darlene L. Burchang City Manager
City of Roanoke, V'u-~inia
, Chairman
Industrial Development Authority of the
City of Roanoke, V'u'/inia
Mary F. Parker, CMC
City Clerk
CITY OF ROANOKE
Office of the City Clerk
June 10, 2000
File #24
Sandra H. Eakin
Deputy City Clerk
William M. Hackworth
City Attorney
Roanoke, Virginia
Dear Mr. Hackworth:
I am attaching copy of Ordinance No. 34857-060500 readopting and reenacting the Code
of the City of Roanoke (1979), as amended in order to properly incorporate amendments
made by the General Assembly at the year 2000 Session. The abovereferenced measure
was adopted by the Council of the City of Roanoke at a regular meeting which was held
on Monday, June 5, 2000.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:Io
Attachment
pc:
The Honorable Diane McQ. Strickland, Chief Judge, Twenty-Third Judicial Circuit
of Virginia
The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Roy B. Willett, Judge, Twenty-Third Judicial Circuit of Virginia
The Honorable Richard C. Pattisall, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of
Virginia
C:~4yFilcs~JUNES.WPD
William M. Hackworth
June 9, 2000
Page 2
pc~
The Honorable
The Honorable
The Honorable
The Honorable
The Honorable
Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia
Julian H. Raney, Jr., Chief Judge, General District Court
George W. Harris, Jr., Judge, General District Court
Vincent A. Lilley, Judge, General District Court
William D. Broadhurst, Judge, General District Court
The Honorable Jacqueline F. Ward Talevi, Judge, General District Court
The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic
Relations District Court
The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations
District Court
The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations
District Court
The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations
District Court
The Honorable Donald S. Caldwell, CommonWealth's Attorney
Evelyn Jefferson, Vice-President - Supplements, Municipal Code Corporation,
P. O. Box 2235, Tallahassee, Florida 32316
Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building,
Roanoke, Virginia 24011
Ronald S. Albright, Clerk, General Distdct Court
Patsy A. Bussey, Clerk, Juvenile and Domestic Relations District Court
James D. Ritchie, Sr., Deputy City Manager
George C. Snead, Jr., Assistant City Manager for Community Development
A. L. Gaskins, Chief, Department of Police
C: ~VlyFiles'~FIJNE $. WPD
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of June, 2000.
No. 34857-060500.
AN ORDINANCE to readopt and reenact the Code of the City of Roanoke (1979), as
amended; and providing for an emergency.
WHEREAS, by Ordinance No. 25043, adopted April 7, 1980, this Council adopted and
enacted a new code for the City of Roanoke entitled the Code of the City of Roanoke (1979)
(hereinafter sometimes referred to as the "City Code");
WHEREAS, said Code, as amended, contains certain provisions which incorporate by
reference portions of the Code of Virginia (1950), as amended, (hereinafter "State Code");
WHEREAS, from time to time, certain of these State Code sections which are incorporated
by reference in the City Code have been amended by the General Assembly;
WHEREAS, such amendments are a matter of public record which are set forth in the Acts
of Assembly and supplements and replacement volumes of the State Code; and
WHEREAS, it is the desire of this Council that those provisions of the City Code which
adopt by reference State Code provisions shall be fully consistent with enactments of the most
recent Session of the General Assembly;
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. The Code of the City of Roanoke (1979), as amended, a copy of which is on file in
the City Clerk's Office, consisting of Chapters 1 through 36.1, each inclusive, is hereby readopted
and reenacted. Such Code amendments heretofore and hereafter adopted shall continue to be
known as the Code of the City of Roanoke (1979), as amended.
2. With respect to sections or provisions of the State Code incorporated by reference
in the City Code, Council recognizes any amendments made to such sections or provisions of the
State Code by the most recent Session of the General Assembly and hereby expresses the intent
and ordains that such amendments to sections or provisions of the State Code incorporated by
reference in the City Code shall be included in the City Code verbatim as enacted by the most
recent Session of the General Assembly.
3. Any reference in the City Code to any section, article or chapter from former Title
15.1 of the State Code shall be deemed and construed to apply to the successor section, article or
chapter of new Title 15.2 of the State Code, comparable sections being set out in Tables of
Comparable Sections for certain Repealed and Revised Titles published in Volume 3A of the
Code of Virginia (1950), as amended. Any reference in the City Code to any section, article or
chapter from former Title 58 of the State Code shall be deemed and construed to apply to the
successor section, article or chapter of new Title 58.1 of the State Code, comparable sections
being set out in Tables of Comparable Sections for certain Repealed and Revised Titles published
in Volume 10 of the Code of Virginia (1950), as amended.
4. In order to provide for the usual daily operation of the municipal government, an
emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
~ASURES\O-R.ECO.8
CITY OF ROANOKE
OFFICE OF CITY ATTORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 24011-1595
WILLIAM M. HACKWORTH TELEPHONE: 540-853-2431
FACSIMILE: 540-853-1221
CITY ATTORNEY E-MAIL: cityatty@ci.roanoke.va.us
WILLIAM X PARSONS
STEVEN J. TALEVI
GARY E. TEGENKAMP
ALLEN T. WILSON
DAVID L. COLLINS
ASSISTANT CITY ATTORNEYS
June 5, 2000
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Reenactment of City Code
Dear Mayor Bowers and Council Members:
Since 1982, City Council has reenacted and recodified the City Code on an annual
basis in order to properly incorporate in the Code amendments made by the General
Assembly at the previous Session to State statutes that are incorporated by reference in the
City Code. This procedure ensures that the ordinances codified in our Code incorporate the
most recent amendments to State law.
Incorporation by reference is frequently utilized in local codes to preclude having to
set out lengthy provisions of State statutes in their entirety. In addition, the technique
ensures that local ordinances are always consistent with the State law as is generally
required.
The procedure whereby a local governing body incorporates State statutes by
reference after action of the General Assembly has been approved by the Attorney General.
See Report of the Attorney General (1981-1982) at 272. I recommend that Council adopt
the attached ordinance to readopt and reenact the Code of the City of Roanoke (1979). If
the attached ordinance is not adopted, City Code sections incorporating provisions of the
State Code amended at the last Session of the General Assembly may not be deemed to
include the recent amendments and may be impermissibly inconsistent which could result
in the dismissal of criminal prosecutions under these City Code sections.
Sincerely yours,
WMH:f
Attachment
William M. Hackworth
City Attorney
The Honorable Mayor and Members
of City Council
June 7, 2000
CC.'
Darlene L. Burcham, City Manager
James D. Ritchie, Deputy City Manager
George C. Snead, Jr., Assistant City Manager for Community Development
The Honorable Donald S. Caldwell, Commonwealth's Attorney
A. L. "Joe" Gaskins, Chief of Police
Mary F. Parker, City Clerk
Page 2
H:\COUNCIL\L-HMRECO.7
Department of Finance
City of Roanoke, Virginia
June 5,2000
TO:
FROM:
SUBJECT:
Honorable Mayor and Members of City Council
James D. Grisso, Director of Finance
April Financial Report
This financial report covers the first ten months of the 1999-00 fiscal year. The following narrative discusses
revenues and expenditures to date.
REVENUE
General Fund revenues reflect an increase of 5.8% or $8,342,000 compared to FY99. Variances in specific
categories of revenues are as follows:
General Property Taxes are up 2.11% or $1,324,000. Real estate taxes have increased $1,530,000 or 3.61%,
slightly below estimated growth of 3.8%. Personal property taxes recorded in this category have decreased
$552,000, due to the increased percentage of funding provided by the Commonwealth of Virginia. Personal
property tax revenue funded by the Commonwealth is reflected in the Grants-in-Aid revenue category. Total
personal property revenue, including the state share, has increased 9.02% or $1,893,000, reflective of increased
vehicle assessments and growth generated by new vehicle sales. Public service tax revenue has increased 18.76%
or $253,000. The personal property portion of public service tax revenue is due May 31. Penalties and interest
on delinquent taxes have increased 14.28% or $84,000, reflecting the results of improved collections during the
current fiscal year.
Other Local Taxes increased 3.84% or $1,587,000. Franchise tax revenue has increased 46.25% or $365,000
as a result of approximately $200,000 in additional revenue received from the telecommunications act right of
way use fee, which became effective July 1, 1999. A timing difference in the quarterly receipt of the cable
television franchise tax also contributed to the increase in franchise tax revenue. Prepared food and beverage
tax revenue increased $331,000 or 7.25% due, in part, to the addition of new restaurants in the Valley View area.
Transient room tax revenue has increased $162,000 or 13.64% as a result of the 1% increase in the tax rate.
Business, professional and occupational license revenue is up 3.5% or $346,000.
Permits, Fees and Licenses are up 11.86% or $72,000. Building, electrical and heating inspection fees
continue to reflect increases resulting from commercial development and construction in FY00.
Revenue from Use of Money and Property is up 28.89% or, $201,000. In July of FY00, the State was billed
for the amount that actual expenditures exceeded projected operating and maintenance costs for the
Commonwealth Building for FY99. This resulted in a significant increase in rental income. Reimbursement
received for the rental of the Municipal North Building by Social Services rose due to an increase in the monthly
rental fee.
Grants-in-Aid Commonwealth increased $5,368,000 or 16.29%. As noted previously, the increased portion
of personal property tax revenue funded by the Commonwealth has resulted in a $2,444,000 or 83.11% increase
over FY99. Law enforcement funding through House Bill 599 increased $1,694,000. As part of the 1999
General Assembly, the Commonwealth agreed to adjust funding to reflect the original provision of the bill,
resulting in a significant increase in funding expected in FY00. Rental car tax has increased 75.67% or
$352,000, in part due to a timing difference in the receipt of revenue. The addition of rental companies that
include heavy truck rentals, previously unavailable within the City, has also produced an increase in this revenue
source. Revenue received from the Commonwealth for the operation of the Sheriff's Department and the Jail
has increased by $268,000 or 6.18%, primarily to cover the increased personal service costs associated with
public safety employees in the Sheriff and Jail departments.
Honorable Mayor and Members
Roanoke City Council
June 5, 2000
Page 2
Grants-in-Aid Federal Government has increased $8,600 as result of a timing difference in the receipt of
FEMA revenue.
Miscellaneous Revenue decreased 51% or $212,000. A timing difference in the receipt of payments in lieu of
taxes from the Roanoke Redevelopment and Housing Authority has resulted in a decrease in revenue of $73,000.
Payment in lieu of taxes was received from the Redevelopment and Housing Authority in February of FY99,
but has not yet been received in FY00. A timing difference in the receipt of proceeds from the sale of surplus
property has also produced a decrease in revenue of approximately $129,000. The spring sale of surplus
property was conducted in April of FY99, but was not conducted until May of FY00.
EXPENDITURES AND ENCUMBRANCES
General fund expenditures and encumbrances have increased 1.22% or $1,801,000 since FY99. Variances in
individual expenditure categories generally increased less than 3.0% when compared to prior year to date
expenditures and encumbrances. Larger variances are discussed as follows:
Community Development expenditures increased 21.12% or $478,000. Economic Development expenditures
increased due to additional costs incurred for an 1-73 economic impact study. Savings in personal service costs
from vacant positions have been offset by increased temporary service and office relocation costs. Memberships
and Affiliations expenditures increased $329,000 or 26.71% as a result of the increased contributions paid to
Roanoke Valley Convention and Visitors Bureau and Roanoke Economic Development Partnership, as well as
the additions of contributions to Virginia Amateur Sports, Center in the Square and New River Valley
Commerce Park in the current fiscal year.
Transfer to School Fund increased 4.23% or $1,475,000, as a result of the combined effect of the 2.66%
increase in budgeted transfer and the appropriation of $548,000 of the $1,015,000 in CMERP funds allocated
to the Schools.
Nondepartmental expenditures decreased $1,936,000, or 22.02%. Transfers to Capital Projects Fund has
decreased $1,370,000 or 32.94%. Funding for certain projects has been reallocated from Capital Projects to
Debt Service for the repayment of debt made in the current period of the fiscal year. Increased revenue from
the Federal government to the Greater Roanoke Transit Company has resulted in the reduction of the local
subsidy provided by the City, and thus a decrease in the Transfer to Transportation Fund of approximately
$448,000.
I would be pleased to answer questions which City Council may have regarding the monthly financial
statements.
JDG/HRH
Attachments
Director ~f Finance
Balance July 1, 1999
Ordinance
Number Date
CMT 251 07/02/99
34402 07/19~99
34446 08/16/99
CMT 295 09/15/99
34497 10/04/99
CMT 299 10/05/99
CMT 309 11/23/99
CMT 312 11/28/99
CMT 699 12/13/99
CMT 715 1/20/00
CMT 717 01/28/00
34660 02/07/00
34668 02/07~00
CMT 330 02~09~00
CMT 332 03/17/00
34716 03~20~00
CMT 768 04~09~00
CITY OF ROANOKE, VIRGINIA
GENERAL FUND
CONTINGENCY BALANCE
APRIL 30, 2000
Department
Cultural Services Committee
Supply Management
Transfer to Grant Fund
Emergency Services
Memberships and Affiliations
City Council
Transfer to Grant Fund
City Council
City Manager
City Manager
Personnel
Transfer to Capital Projects Fund
Snow Removal
City Council
City Council
Economic Development
Memberships and Affiliations
Balance April 30, 2000
Pumose
Sister Cities Program
Fee Proration Governmental Electric
Rate Negotiations
Local Match for Office on Youth
Installations of Amateur Radio
Antennas for Y2K Preparation
Virginia's First Regional Industrial
Facilities Authority
Reimbursement of Interviewee
Travel Expenses
Transfer to Grant Fund for Regional
Drug Prosecutor
Reimbursement of Interviewee
Travel Expenses
Reimbursement of Travel Expenses
Prior to Employment Date
Community Relations Task Force
Workshop and City Manager's
Rent Reimbursement
Diversity Awareness Training
Classes
Public Works Service Center
Environmental Settlement (DEQ)
Purchase of Chemicals
Christmas in April Sponsorship
Professional Services of Legislative
Liaison
Lease of Office Space
Middle School Learning Center Pilot
$420,244
(2,500)
(33,675)
(6,293)
(2,50O)
(27,500)
(5,O0O)
(12,560)
(2,000)
(2,000)
(7,o54)
(7,700)
(125,000)
(42,450)
(2,0o0)
(10,712)
(16,924)
(7,200)
$107,176
CITY OF ROANOKE, VIRGINIA
GENERAL FUND
STATEMENT OF REVENUE
Revenue Source
General Property Taxes
Other Local Taxes
Permits, Fees and Licenses
Fines and Forfeitures
Revenue from Use of Money and Property
Grants-in-Aid Commonwealth
Grants-in-Aid Federal Government
Charges for Services
Miscellaneous Revenue
Internal Services
Total
Year to Date for the Period
July I - Apr 30 July 1 - Apr 30 Percentage
1998-99 1999-00 of Change
$62,629,796 $63,953,430 2.11 %
41,356,965 42,944,342 3.84 %
604,911 676,674 11.86 %
818,993 808,504 (1.28) %
694,546 895,223 28.89 %
32,955,558 38,323,190 16.29 %
17,130 25,719 50.14 %
2,771,001 2,754,917 (0.58) %
415,890 203,800 (51.00) %
1,613,382 1,634,566 1.31%
. $!43_,878~,!72 $152,220,365 5.80 %
Current Fiscal Year
Percent of
Revised Revenue
Revenue Estimate
Estimates Received
$65,141,470 98.18%
53,562,405 80.18%
703,500 96.19%
957,807 84.41%
1,047,040 85.50%
49,298,223 77.74%
34,260 75.07%
3,330,300 82.72%
267,500 76.19%
2,155,400 75.84%
$176,497,905 86.24%
STATEMENT OF EXPENDITURES AND ENCUMBRANCES
Expenditures
General Government
Judicial Administration
Public Safety
Public Works
Health and Welfare
Parks, Recreation and
Cultural
Community Development
Transfer to Debt Service
Fund
Transfer to School Fund
Nondepartmental
Total
Year to Date for the Period
July 1 - Apr 30 July 1 - Apr 30
1998-99 1999-00
$8,920,142 $9,138,219
3,727,514 3,818,593
35,158,722 36,181,291
19,032,987 19,262,767
20,348,520 20,522,837
Percentage
of Change
Current Fiscal Year
Percent of
Unencumbered Revised Budget
Balance Appropriations Obligated
2.44 % $2,361,874 $11,500,093 79.46%
2.44 % 792,969 4,611,562 82.80%
2.91% 8,443,011 44,624,302 81.08%
1.21 % 3,457,488 22,720,255 84.78%
0.86 % 5,182,991 25,705,828 79.84%
3,770,770 3,767,018 (0.10) %
2,264,814 2,743,143 21.12 %
10,378,143 10,430,404 0.50 %
34,872,524 36,347,802 4.23 %
8,795,769 6,859,277 (22.02) %
$147,269,905 $149,071~351 1.22 %
828,202 4,595,220 81.98%
580,280 3,323,423 82.54%
1,679,447 12,109,851 86.13%
7,159,869 43,507,671 83.54%
1,422,285 8,281,562 82.83%
$31,908,416 $180,979,767 82..3_7%
CITY OF ROANOKE, VIRGINIA
SCHOOL FUND
STATEMENT OF REVENUE
Revenue Source
State Sales Tax
Grants-in-Aid Commonwealth
Grants-in-Aid Federal Government
Charges for Services
Transfer from General Fund
Special Purpose Grants
Total
Year to Date for the Period
July 1 - Apr 30 July 1 - Apr 30
1998-99 1999-00
$6,334,165 $6,480,370
28,037,051 31,108,458
1,768,370 2,158,130
2,501,718 2,268,855
34,872,524 36,347,802
8,738,807 7,837,003
$82,252,635 $86,200,618
Current Fiscal Year
Percent of
Revised Revenue
Percentage Revenue Estimate
of Change Estimates Received
2.31 % $8,638,640 75.02%
10.95 % 39,280,160 79.20%
22.04 % 2,915,599 74.02%
(9.31) % 3,216,301 70.54%
4.23 % 43,507,671 83.54%
(10.32) % 10,841,381 NA
4.80 % $108,399,752 79.52%
STATEMENT OF EXPENDITURES AND ENCUMBRANCES
Expenditures
Instruction
General Support
Transportation
Operation and
Maintenance of Plant
Food Services
Facilities
Other Uses of Funds
Special Purpose Grants
Total
Year to Date for the Period
July 1 - Apr 30 July I - Apr 30 Percentage
1998-99 1999-00 of Change
$55,121,177 $58,203,505 5.59 %
2,728,107 2,924,113 7.18 %
2,721,178 3,033,213 11.47 %
7,365,417 7,856,898 6.67 %
3,318,459 3,389,689 2.15 %
1,859,648 2,181,853 17.33 %
4,143,861 4,780,180 15.36 %
9,036,381 10,841,381 19.97 %
$86,294,228 .$_93:210,832 8~..02 %
Current Fiscal Year
Percent of
Unencumbered Revised Budget
Balance A~propriations Obligated
$13,044,172 $71,247,677 81.69%
717,556 3,641,669 80.30%
626,688 3,659,901 82.88%
2,068, 513 9,925,411 79.16%
899,494 4,289,183 79.03%
523,287 2,705,140 80.66%
4,780,180 100.00%
10,841,381 NA
718 g,710 $111,090, 2 83.91%
CITY OF ROANOKE, VIRGINIA
CAPITAL PROJECTS FUND
STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND
UNENCUMBERED APPROPRIATIONS SUMMARY AS OF APRIL 30, 2000
General Government
Education
Flood Reduction
Economic Development
Community Development
Public Safety
Recreation
Streets and Bridges
Sanitation Projects
Traffic Engineering
Capital Improvement Reserve
Total
Expenditures Unexpended Outstanding Unobligated
Budget To Date Balance Encumbrances Balance
$13,213,345 $5,359,394 $7,853,951 $783,124
2,500,000 2,250,000 250,000 -
14,447,889 7,908,311 6,539,578 57,970
19,300,995 13,549,404 5,751,591 1,061,470
2,307,600 1,017,268 1,290,332 534,025
5,886,602 4,936,287 950,315 9,417
4,332,365 2,691,055 1,641,310 1,287,022
24,934,244 20,944,470 3,989,774 2,371,001
1,276,663 456,328 820,335 62,385
4,132,737 2,319,676 1,813,061 1,070,758
13,839,111 13,839,111 -
$106,171,551 $61,432,193 $44,739,358 $7,237,172
$7,070,827
250,000
6,481,608
4,690,121
756,307
940,898
354,288
1,618,773
757,950
742,303
13,839,111
$37,502,186
CITY OF ROANOKE, VIRGINIA
SCHOOL CAPITAL PROJECTS FUND
STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND
UNENCUMBERED APPROPRIATIONS SUMMARY AS OF APRIL 30, 2000
Education
Capital Improvement Reserve
Total
Budget
$30,998,318
2,450,721
$33,449,039
Expenditures Unexpended Outstanding Unobligated
To Date Balance Encumbrances Balance
$22,613,552 $8,384,766 $6,141,247
2,450,721
$22,613,552 $10,835,487 $6,141,247
$2,243,519
2,450,721
$4,694,240
4
CITY OF ROANOKE, VIRGINIA
CAPITAL PROJECTS FUND
COMPARATIVE STATEMENT OF REVENUES
FOR THE 10 MONTHS ENDING APRIL 30, 2000
Interest Revenue:
Interest on Bond Proceeds
Interest on Idle Working Capital
Total Interest Revenue
Multi Year Revenues:
Intergovernmental Revenue:
Federal Government:
FEMA - Garden City Hazardous Mitigation
FEMA- Regional Mitigation Project
Commonwealth:
Virginia Transportation Museum - ISTEA
Public Works Service Center
Virginia Western Community College-Signals
Second StreetNVells/Gainsboro Project
Roadway Safety Improvements
VDES - Regional Mitigation Project
Second Street Entrance - Coca Cola
Total Intergovernmental Revenue
Revenue from Third Parties:
First Union Penalty Payment
Roanoke Valley Detention Commission
A & M Enterprises - Land Sale
Norfolk Southern - Hunter Viaduct
Transkrit Corporation Excavation Project
Mill Mountain Visitors Center - Private Donations
Serenity Funeral Home
118 Campbell Avenue- Land Sale
InSystems Incorporated - Land Sale
Estate of Lenore Wood
Total Revenue from Third Parties
Other Revenue:
Transfers from General Fund
Transfers from Debt Service Fund
Transfers from Grant Fund
General Obligation Bond Proceeds - Series 1999
Total Other Revenue
Total
FY 2000
$1,402,546
752,009
2,154,555
364,186
196,046
349,224
17,340
37,500
964,296
10,800
950,000
6,776
37,000
51,052
20,000
13,525
39,045
1,128,198
2,788,322
131,500
27,038,000
29,957,822
$34,204,871
FY 1999
$911,839
594,611
1,506,450
398,936
71,503
26,283
100,000
109,150
705,872
6,000
700,000
350,240
1,056,240
4,158,040
727,845
4,885,885
$8,154,447
CITY OF ROANOKE, VIRGINIA
WATER FUND
COMPARATIVE INCOME STATEMENT
FOR THE 10 MONTHS ENDING APRIL 30, 2000
FY 2000
FY 1999
Operating Revenues
Commercial Sales
Domestic Sales
Industrial Sales
Town of Vinton
City of Salem
County of Roanoke
County of Botetourt
County of Bedford
Customer Services
Charges for Services
$2,787,061
2,600,766
200260
18208
18.958
821.092
160.265
38.207
478.286
2,373,402
$2,597,976
2,455,762
195,640
18,353
13,888
1,348,546
100,685
5,802
324,043
2,774,213
Total Operating Revenues
9,496,505 9,834,908
Operating Expenses
Personal Services
Operating Expenses
Depreciation
3,456,497 3,254,237
4,430,667 3,222,342
1,406,264 1,286,587
Total Operating Expenses
9,293,428 7,763,166
203,077 2,071,742
Operating Income
Nonoperating Revenues (Expenses)
Transfer from General Fund
Interest on Investments
Rent
Miscellaneous Revenue
Sale of Land
Source Water Assessment Grant
Loss on Disposal of Fixed Assets
Interest and Fiscal Charges
25,000 -
308,291 325,518
56,367 46,163
18,886 24,535
- 325,000
40,000 -
- (569)
(1,015,817) (1,109,757)
Net Nonoperating Expenses
(567,273)
(389,110)
$1,682,632
Net Income (Loss)
($364,196)
Effective July 1, 1999, the Utility Line Services Fund was combined with the Water Fund.
Prior year balances have been restated to enhance comparability.
CITY OF ROANOKE, VIRGINIA
SEWAGE TREATMENT FUND
COMPARATIVE INCOME STATEMENT
FOR THE 10 MONTHS ENDING APRIL 30, 2000
Operating Revenues
Sewage Charges - City
Sewage Charges - Roanoke County
Sewage Charges - Vinton
Sewage Charges - Salem
Sewage Charges - Botetourt County
Customer Services
Interfund Services
Total Operating Revenues
Operating Expenses
Personal Services
Operating Expenses
Depreciation
Total Operating Expenses
Operating Income
Nonoperating Revenues (Expenses)
Interest on Investments
Miscellaneous Revenue
Loss on Disposal of Fixed Assets
Total Nonoperating Revenues
Net Income
FY 2000
$6,150,417
674,072
114,028
644,120
115,538
194,700
72,203
7,965,078
1,542,868
4,171,355
960,829
6,675,052
1,290,026
347,257
10,296
(3,121)
354,432
$1,644,458
FY 1999
$6,172 954
655 409
110 836
449 538
87 203
124 037
89 731
7,689,708
1,498,017
4,369,894
809,060
6,676,971
1,012,737
512,452
16,428
(4,382)
524,498
$1,537,235
CITY OF ROANOKE, VIRGINIA
CiViC CENTER FUND
COMPARATIVE INCOME STATEMENT
FOR THE 10 MONTHS ENDING APRIL 30, 2000
Operating Revenues
Rentals
Event Expenses
Admissions Tax
Parking Fees
Commissions
Display Advertising
Novelty Fees
Charge Card Fees
Other
Total Operating Revenues
Operating Expenses
Personal Services
Operating Expenses
Depreciation
Total Operating Expenses
Operating Loss
Nonoperating Revenues (Expenses)
Transfer from General Fund
Interest on Investments
Miscellaneous
Loss on Disposal of Fixed Assets
Total Nonoperating Revenues
Net Loss
FY 2000
$435,876
172,910
171,081
204,542
691,168
57,172
34,830
22,424
21,300
1,811,303
1,041,659
1,403,994
335,583
2,781,236
(969,933)
870,903
49,842
2,360
923,105
($46,828)
FY 1999
$489,221
151,976
160,876
191,108
227,480
1,200
50,825
26,898
15,142
1,314,726
964,020
1,064,485
333,699
2,362,204
(1,047,478)
858,771
60,577
2,664
(25,372)
896,640
($150,838)
CITY OF ROANOKE, VIRGINIA
TRANSPORTATION FUND
COMPARATIVE INCOME STATEMENT
FOR THE 10 MONTHS ENDING APRIL 30, 2000
Operating Revenues
Century Station Parking Garage
Williamson Road Parking Garage
Market Square Parking Garage
Church Avenue Parking Garage
Tower Parking Garage
Surface Parking Lots
Total Operating Revenues
Operating Expenses
Operating Expenses
Depreciation
Total Operating Expenses
Operating Income
Nonoperating Revenues (Expenses)
Interest on Investments
Interest and Fiscal Charges
Transfer from General Fund
Operating Subsidy for GRTC
Capital Subsidy for GRTC
Miscellaneous
Net Nonoperating Expenses
Net Income (Loss)
FY 2000
$273,587
336,655
161,395
351,737
298,914
58,637
1,480,925
638,955
451,195
1,090,150
390,775
12,096
(429,492)
766,358
(537,089)
3,595
(184,532)
$206,243
FY 1999
$253,288
340,968
148,508
349,954
246,316
52,930
1,391,964
649,090
449,840
1,098,930
293,034
13,640
(473,052)
1,214,506
(1,028,260)
(lOO,OOO)
5,098
(368,068)
($75,034)
9
CITY OF ROANOKE, VIRGINIA
HOTEL ROANOKE CONFERENCE CENTER FUND
COMPARATIVE INCOME STATEMENT
FOR THE 10 MONTHS ENDING APRIL 30, 2000
FY 2000
COMMISSION (1)
CONFERENCE
CENTER (2)
TOTAL
FY 1999
Operating Revenues
Conference Center
Total Operating Revenues
$ $ 2,398,591 $ 2,398,591 $
2,398,591 2,398,591
2,414,823
2,414,823
Operating Expenses
Commission
Conference Center
Total Operating Expenses
529,955
- 1,985,628
529,955 1,985,628
(529,955) 412,963
529,955
1,985,628
2,515,583
(116,992)
264,771
2,115,108
2,379,879
34,944
Net Operating Income (Loss)
Nonoperating Revenues (Expenses)
Contributions from City of Roanoke
Contributions from Virginia Tech
Interest on Investments
Rent, Taxes, Insurance, and Other
175,000
175,000
46,110
- 175,000
175,000
46,110
(117,720) (117,720)
(117,720) 278,390
295,243 161,398
119,930 530,052
$175,313 ($368,654)
131,250
131,250
37,849
(103,060)
Net Nonoperating Revenues (Expenses)
396,110
197,289
232,233
435,788
($203,555)
Net Income (Loss) Before Depreciation
(133,845)
Depreciation Expense/Replacement Reserve
410,122
Net Income (Loss)
($543,967)
Notes to Financial Statement:
(1) The column entitled "Commission" represents Commission activity in the City's financial records.
(2) The column entitled "Conference Center" represents actual revenue and expenses of the Conference Center, as
provided by Doubletree Management.
10
CITY OF ROANOKE, VIRGINIA
INTERNAL SERVICE FUNDS
COMPARATIVE INCOME STATEMENT
FOR THE 10 MONTHS ENDING APRIL 30, 2000
Operating Revenues
TOTALS
City
Information Materials Management Fleet Risk
Systems Control Services Management Management FY 2000 FY 1999
$3,008,925 $171,193 $108,025 $2,830,396 $5,806,074 $11,924,613 $11,533,070
3,008,925 171,193 108,025 2,830,396 5,806,074 11,924,613 11,533,070
Charges for Services
Total Operating Revenues
Operating Expenses
Personal Services
Operating Expenses
Depreciation
Total Operating Expenses
Operating Income (Loss)
Nonoperating Revenues (Expenses)
1,491,385 89,784 22,894 995,982 159,963 2,760,008 2,719,143
726,054 15,462 77,480 757,258 6,260,597 7,836,851 7,615,199
443,633 1,528 16,737 1,472,327 1,934,225 1,843,013
2,661,072 106,774 117,111 3,225,567 6,420,560 12,531,084 12,177,355
347,853 64,419 (9,086) (395,171) (614,486) (606,471) (644,285)
Interest Revenue
Transfer From Other Funds
Less on Disposal of Fixed Assets
Net Nonoperating Revenues (Expenses)
Net Income
177,397 (1,864) 1 O, 385 73,075 464,933 723,926 680,298
810,929 - 497,230 283,208 1,591,367 1,804,613
- - (59,438)
988,326 (1,864) 10,385 570,306 748,141 2,315,293 2,425,473
$1,336,179 $62,555 $1,299 $175,134 $133,655 $1,708,822 $1,781,188
Effective July 1, 1999, the Utility Line Services Fund has been combined with the Water Fund instead of being included on this
statement as an Internal Service Fund. Prior year balances have been restated to enhance comparability.
11
CITY OF ROANOKE, VIRGINIA
CITY TREASURER'S OFFICE
GENERAL STATEMENT OF ACCOUNTABILITY
FOR THE MONTH ENDED APRIL 30, 2000
TO THE DIRECTOR OF FINANCE:
GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR
THE FUNDS OF SAID CITY FOR THE MONTH ENDED APRIL 30, 2000.
BAI_-~NCE AT
BALANCE AT BALANCE AT
FUND MAR 31, _200~0 RECEIPTS DISBURSEMENTs AP_R 30, 200~0_ APR 30, 1999
GENERAL
WATER
SEWAGE
CIVIC CENTER
TRANSPORTATION
CAPITAL PROJECTS
CONFERENCE CENTER
JUVENILE DETENTION
DEBT SERVICE
CITY INFORMATION SYSTEMS
MATERIALS CONTROL
MANAGEMENT SERVICES
FLEET MANAGEMENT
PAYROLL
RISK MANAGEMENT
HIGHER EDUCATION AUTH
PENSION
'SCHOOL FUND
SCHOOL CAPITAL PROJECTS
FDETC
GRANT
$2,103,308.79 $17,687,425.68 $17,155,832.03
6,350,742.49 329,951.30 135,357.46
7,117,322.12 1,472,165.78 2,395,798.97
1,220,603.41 349,956.92 328,002.42
408,504.93 148,790.13 72,841.83
47,449,265.30 1,145,599.12 541,097.26
1,008,916.27 49,366.98 5,999.71
5,542,072.47 55,574.57 15,516.56
11,245,925.43 848,100.71 252.68
4,227,811.17 235,615.14 201,933.78
(81,602.05) 136,826.88 57,258.90
257,111.96 40,016.54 56,905.54
1,848,749.02 85,708.67 224,787.98
(15,702,877.78) 16,750,971.33 11,552,329.44
10,799,695.22 526,549.82 478,377.35
0.00 0.00 0.00
902,727.01 395,127.14 974,530.86
6,498,071.37 5,501,919.16 5,798,924.22
3,501,714.29 591,923.43 1,104,482.79
85,090.83 33,908.50 127,345.98
853,416.39 348,816.94 572,108.15
$2,634 902.44
6,545 336.33
6,193 688.93
1,242 557.91
484 453.23
48,053,767.16
1,052 283.54
5,582 130.48
12,093 773.46
4,261 492.53
(2,034.07)
240,222.96
1,709,669.71
(10,504,235.89)
10,847,867.69
0.00
323,323.29
6,201,066.31
2,989,154.93
(8,346.65)
630,125.18
($1,976,678.87
8,477,240.94
7,532,970.98
1,216,643.15
264,632.16
33,731,100.21
986,091.52
2,875,622.58
11,073,534.98
5,215,587.48
(82,135.67)l
197,142.45 '
1,574,861.38:
(9,681,730.59)i
10,411,108.931
5,030,120.66
421,395.26
8,769,793.50 i
(4,360,598.62)
28,466.57
396,095.85
TOTAL
$95,636,568.64 $46,734,314.74 $41,799,683.91 $100,571,199.47
$82,101,264.85i
CERTIFICATE
HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE,
VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDED APRIL 30, 2000.
THAT SAID FOREGOING:
CASH:
CASH IN HAND
CASH IN BANK
INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS:
OVERNIGHT INVESTMENT
COMMERCIAL HIGH PERFORMANCE MONEY MARKET
FEDERAL AGENCY BONDS
LOCAL GOVERNMENT INVESTMENT POOL
REPURCHASE AGREEMENTS
STATE NON-ARBITRAGE PROGRAM (U.S. SECURITIES, COMMERCIAL PAPER)
VIRGINIA AIM PROGRAM (U. S. SECURITIES)
TOTAL
$20,163.25
325,335.81
10,005,000.00
10,049,064.20
9,984,300.00
13,145,595.98
17,000,000.00
5,616,814.80
34,424,925.43
$100,571,199.47
DATE: MAY 9, 2000
DAVID C. ANDERSON, TREASURER
12
CITY OF ROANOKE PENSION PLAN
STATEMENT OF REVENUE AND EXPENSES
FOR THE 10 MONTHS ENDING APRIL 30, 2000
Revenue
Contributions
Investment Income
Gain on Sale of Investments
Bond Discount Amortization
Total Revenue
FY 2000
$4,026,306
6,632,415
48,529,698
48,489
$59,236,908
FY 1999
$4,718,104
6,662,896
6,019,331
20,523
$17,420,854
Expenses
Pension Payments
Fees for Professional Services
Bond Premium Amortization
Administrative Expense
City Supplement to Age 65
Total Expenses
Net Income
$9,559,877
574,954
123,382
221,563
169,017
10,648,793
$48,588,115
$8,011,868
513,292
161,108
236,971
39,114
8,962,353
$8,458,501
13
CITY OF ROANOKE PENSION PLAN
BALANCE SHEET
APRIL 30, 2000
Assets
Cash
Investments:
(market value:
Due from Other Funds
Other Assets
Total Assets
FY 2000 $351,772,514
FY 1999 $340,478,070)
FY 2000
$323,323
289,843,962
19,239
18,000
$290,204,524
FY 1999
$420,418
235,782,133
9,540
18,000
$236,230,091
Liabilities and Fund Balance
Liabilities:
Due to Other Funds
Accounts Payable
Total Liabilities
Fund Balance:
Fund Balance, July 1
Net Income - Year to Date
Total Fund Balance
Total Liabilities and Fund Balance
$1,002,526
89
1,002,615
240,613,794
48,588,115
289,201,909
$290,204,524
$879,452
2,103
881,555
226,890,035
8,458,501
235,348,536
$236,230,091
14
CITY OF ROANOKE
DEPARTMENT OF FINANCE
May 30, 2000
'00 30 P :33
TO:
FROM:
SUBJECT:
Mary Parker, City Clerk
James D. Grisso, Director of Finance
Reserve Space on Council Agenda
Please reserve space on the June 5, 2000 Council Agenda for the following reports:
· Monthly Financial Report for April, 2000
· Transfer of Appropriations for Employee Fringe Benefits
· Transfer of Appropriations for Internal Service Funds Charges
JDG/pac
Mary F. Parker, CMC
City Clerk
CITY OF ROANOKE
Office of the City Clerk
June 10, 2000
File #60-184
Sandra H. Eakin
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 34858-060500 amending and reordaining certain
sections of the 1999-2000 General Fund Appropriations, providing for transfer of funds in
connection with Employee Fringe Benefits. The abovereferenced measure was adopted
by the Council of the City of Roanoke at a regular meeting which was held on Monday,
June 5, 2000.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:Io
Attachment
pc:
Darlene L. Burcham, City Manager
James D. Ritchie, Sr., Deputy City Manager
Barry L. Key,. Director, Department of Management and Budget
C:~MyFilm~JNES. WPD
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of June, 2000.
No. 34858-060500.
AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General
Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government of the City of
Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 1999-2000 General Fund Appropriations, be, and the same are hereby,
amended and reordained to read as follows, in part:
Appropriations
General Fund (1-78) ............................................ $180,947,767
I ) Retiree Medical Insurance ( 001- 002
2 ) Moving Expenses ( 001- 002
3 ) Unemployment Wages ( 001- 002
4 ) Termination Leave Wages ( 001- 002
5 ) Retiree Medical Insurance ( 001- 003
6 ) Moving Expenses ( 001- 003
7 ) Unemployment Wages ( 001- 004
8 ) Extended Illness ( 001- 004
9 ) Termination Leave Wages ( 001- 004
10 ) Retiree Medical Insurance ( 001- 004
11 ) Bonus and Separation Pay ( 001- 004
12 ) Retiree Medical Insurance ( 001- 004
13 ) Unemployment Wages ( 001- 004
14 ) Termination Leave Wages ( 001- 004
15 ) Termination Leave Wages ( 001- 005
16 ) Unemployment Wages ( 001- 010
17 ) Termination Leave Wages ( 001- 010
18 ) Retiree Medical Insurance ( 001- 020
19 ) Termination Leave Wages ( 001- 020
20 ) Termination Leave Wages ( 001- 022
21 ) Retiree Medical Insurance ( 001- 024
-1211 -1127 )$ 1,942
-1211-1156 ) 8,792
-1213 -1145 ) 551
-8120 -1150 ) 4,403
-1220-1127 ) 1,942
-1220 -1156 ) 9,886
-1231 -1145 ) 1,426
-1231-1149) 57
-1231-1150) 4,157
-1232-1127) 1,942
-1232-1153) 4,200
-9110-1127) (279,609)
-9110 - 1145 ) (35,000)
-9110-1150 ) (91,275)
-1240-1150 ) 1,391
-1310-1145) 448
-1310 -1150 ) 3,088
-1234-1127 ) 777
-1234 -1150 ) 7,363
-1233-1150) 102
-2140-1127 ) 6,215
22 ) Termination Leave Wages
23 ) Retiree Medical Insurance
24 ) Unemployment Wages
25 ) Termination Leave Wages
26 ) Termination Leave Wages
27 ) Retiree Medical Insurance
28 ) Termination Leave .Wages
29 ) Retiree Medical Insurance
30 ) Termination Leave Wages
31 ) Retiree Medical Insurance
32 ) Extended Illness
33 ) Termination Leave Wages
34 ) Retiree Medical Insurance
35 ) Termination Leave Wages
36 ) Retiree Medical Insurance
37 ) Retiree Medical Insurance
38 ) Retiree Medical Insurance
39 ) Retiree Medical Insurance
40 ) Termination Leave Wages
41 ) Retiree Medical Insurance
42 ) Termination Leave Wages
43 ) Termination Leave Wages
44 ) Retiree Medical Insurance
45 ) Termination Leave Wages
46 ) Termination Leave Wages
47 ) Retiree Medical Insurance
48 ) Unemployment Wages
49 ) Termination Leave Wages
50 ) Retiree Medical Insurance
51 ) Termination Leave Wages
52 ) Termination Leave Wages
53 ) Retiree Medical Insurance
54 ) Unemployment Wages
55 ) Termination Leave Wages
56 ) Retiree Medical Insurance
57 ) Termination Leave Wages
58 ) Retiree Medical Insurance
59 ) Termination Leave Wages
60 ) Retiree Medical Insurance
61 ) Unemployment. Wages
62 ) Termination Leave Wages
63 ) Retiree Medical Insurance
64 ) Unemployment Wages
65 ) Termination Leave Wages
66 ) Retiree Medical Insurance
(001- 024-2140-1150) $
(001- 024-3310 -1127 )
( 001- 024 -3310 -1145 )
(001- 024-3310-1150 )
( 001- 026 -2210 -1150 )
( 001- 028 -2111 -1127 )
( 001- 028 -2111 -1150 )
(001- 050-3112 -1127 )
( 001- 050 -3112 -1150 )
(001- 050-3113-1127 )
( 001- 050 -3113 -1149 )
( 001- 050 -3113 - 1150 )
( 001- 050 -3114 -1127 )
( 001- 050 -3114 -1150 )
( 001- 050-3115 -1127 )
( 001- 050-3211 -1127 )
(001- 050-3212 -1127 )
( 001- 050 -3213 -1127 )
(001- 050-3213 -1150 )
( 001- 050 -3214 -1127 )
( 001- 050-3530 -1150 )
( 001- 050 -4130 - 1150 )
( 001- 052 -1280 -1127 )
( 001- 052 - 1280 - 1150 )
( 001- 052 -3410 -1150 )
( 001- 052 -4110 -1127 )
( 001- 052 -4110 -1145 )
( 001- 052 -4110 -1150 )
(001- 052-4210-1127 )
( 001- 052 -4210 -1150 )
( 001- 052 -4211 -1150 )
( 001- 052 -4220 -1127 )
(001- 052-4220-1145 )
( 001- 052 -4220 - 1150 )
( 001- 052 -4310 -1127 )
( 001- 052 -4310 - 1150 )
( 001 - 052 -4330 - 1127 )
( 001- 052 -4330 -1150 )
( 001- 052 -4340 -1127 )
( )
( )
( )
( )
( )
( )
001-
001-
001-
001-
001-
001-
052-4340-1145
052-4340-1150
052-7110-1127
052-7110-1145
052-7110-1150
052-8110-1127
17,512
8,934
378
25,691
265
194
4,258
13,207
7,607
21,365
1 720
10 622
5 050
2 095
1 942
1 942
7 769
61,763
29,463
5,244
914
701
1,942
13,606
842
3,302
1,429
722
12,042
6,709
254
583
56O
3,006
1,554
5,598
7,575
9,097
5,050
5,276
236
1,360
1,333
113
1,942
67 ) Termination Leave Wages ( 001- 052 -8110 - 1150 ) $ 179
68 ) Moving Expenses ( 001- 052 -8110 -1156 ) 739
69 ) Retiree Medical Insurance ( 001- 054 -3320 -1127 ) 4,661
70 ) Termination Leave Wages ( 001- 054 -3320 -1150 ) 830
71 ) Retiree Medical Insurance ( 001- 054 -3330 -1127 ) 777
72 ) Retiree Medical Insurance ( 001- 054 -5311 -1127 ) 1,942
73 ) Unemployment Wages ( 001- 054 -5311 -1145 ) 1,333
74 ) Retiree Medical Insurance ( 001- 054 -5313 - 1127 ) 2,136
75 ) Termination Leave Wages ( 001- 054 -5313 -1150 ) 3,802
76 ) Termination Leave Wages ( 001- 054 -5314 -1150 ) 6,712
77 ) Retiree Medical Insurance ( 001- 054 -7310 -1127 ) 2,526
78 ) Termination Leave Wages ( 001- 054 -7310 -1150 ) 8,798
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
City of Roanoke, VA
Department of Finance
June 5,2000
TO:
FROM:
SUBJECT:
Honorable Mayor and Members of City Council
James D. Grisso, Director of Finance
Transfer of Appropriations for Employee Fringe Benefits
The fiscal year 1999-2000 General Fund Budget included funds in the nondepartmental
category for retiree medical insurance, unemployment wages and termination (vacation)
leave wages. These fringe benefits are budgeted at estimated amounts in the
nondepartmental category because annual charges of each department are difficult to
project. Actual costs are charged to departments in anticipation of budget transfers to
cover the costs.
The'attached budget ordinance transfers funds from the nondepartmental category to the
applicable departmental budgets. As needed, available funding related to one type of
fringe benefit is used to supplement funding needed in another area such as termination
wages. The ordinance transfers funds from General Fund Retiree Medical Insurance and
Unemployment Wages to provide necessary funding for termination leave wages,
extended illness, bonus and separation pay and moving expenses. The transfers do not
increase the General Fund budget in total, but only reallocate amounts between
departments.
A summary of the total transfers in the attached budget ordinance is as follows:
Retiree Medical Insurance
Unemployment Wages
Termination Leave Wages
Extended Illness
Bonus and Separation Pay
Moving Expenses
Budget Amount
Before Transfers
Transfers In/(Out)
$ 313,875 $(91,989)
35,000 (22,266)
91,275 88,861
0 1,777
0 4,200
0 19,417
$ 440,150 $ 0
Revised
Budget
Amount
$ 221,886
12,734
180,136
1,777
4,200
19,417
$ 440,150
Honorable Mayor and Members of City Council
June 5, 2000
Page 2
The attached budget ordinance will accomplish the required transfers. I recommend it for
your approval.
,{'ames D. Grisso,/Director of Finance
JDG/AFS:pac
c: Barry Key, Director, Department of Management and Budget
Mary F. Parker, CMC
City Clerk
CITY OF ROANOKE
Office of the City Clerk
June 10, 2000
File #60-355
Sandra H. Eakin
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 34859-060500 amending and reordaining certain
sections of the 1999-2000 General Fund Appropriations, providing for transfer of funds in
connection with Internal Service Funds charges. The abovereferenced measure was
adopted by the Council of the City of Roanoke at a regular meeting which was held on
Monday, June 5, 2000.
Mary F. Parker, CMC
City Clerk
MFP:Io
Attachment
pc:
Dadene L. Burcham, City Manager
James D. Ritchie, Sr., Deputy City Manager
Barry L. Key,-Director, Department of Management and Budget
C: ~¥1y File~XJUNE 5. WPD
IN THECOUNClL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of June, 2000.
No. 34859-060500.
AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General
Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government of the City
of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 1999-2000 General Fund Appropriations, be, and the same are hereby,
amended and reordained to read as follows, in part:
Appropriations
General Fund (1-167) ....................................... $180,947,767
1 ) Department of Technology (001- 001 -1110 -7005 ) $ (150)
2) Department of Technology-
PC Rental (001- 001 -1110-7007 ) 1,522
3) Department of Technology (001- 001 - 1120 - 7005 ) (385)
4) Department of Technology-
PC Rental (001- 001 -1120-7007 ) 3,058
5) Department of Technology (001- 002 -1211 -7005 ) 7,507
6) Department of Technology-
PC Rental (001- 002-1211 -7007 ) 5,618
7) Fleet Management (001- 002 -1211 -7025 ) 454
8) Department of Technology (001- 002-1212 -7005 ) 1,956
9) Department of Technology-
PC Rental (001- 002-1212 -7007 ) 5,864
10) Department of Technology (001- 002-1213 -7005 ) (6,424)
11 ) Department of Technology-
PC Rental (001- 002-1213-7007 ) 3,626
12) Department of Technology (001- 002-1261 -7005 ) 9,907
13) Department of Technology-
PC Rental (001- 002-1261 -7007 ) 6,028
14) Risk Management-Overhead (001- 002 - 1261 - 7017 ) 527
15) Department of Technology (001- 002 -8120 -7005 ) 1,106
16) Department of Technology-
PC Rental (001- 002
17) Fleet Management (001 - 002
18) Department of Technology (001- 002
19) Department
PC Rental
20) Department
21 ) Department
PC Rental
22) Department
23) Department
of Technology-
(001- 002
of Technology (001- 003
of Technology-
(001- 003
of Technology (001- 004
of Technology-
PC Rental (001 -
24) Risk Management-Overhead (001 -
25) Department of Technology (001-
26) Department of Technology-
PC Rental (001-
27) Risk Management-Overhead (001 -
28) Fleet Management (001-
29) Fleet Rental (001-
30) Department of Technology (001-
31 ) Department
PC Rental
32) Department
33) Department
PC Rental
34) Department
35) Department
PC Rental
004
004
004
004
004
005
of Technology-
(001- 005
of Technology (001- 010
of Technology- (001- 010
of Technology (001- 020
of Technology-
(001- 020
(001- 020
(001- 022
36) Risk Management-Overhead
37) Department of Technology
38) Department of Technology-
PC Rental (001- 022
39) Risk Management-Overhead (001- 022
40) Department of Technology (001- 023
41 ) Department of Technology-
PC Rental (001- 023
42) Risk Management-Overhead (001- 023
43) Risk Management-Overhead (001 - 024
44) Fleet Management (001- 024
45) Department of Te.chnology (001- 024
46) Department of Technology-
PC Rental (001- 024
47) Risk Management-Overhead (001- 024
48) Fleet Management (001- 024
-8120-7007) $
-8120-7025 )
-8123 - 7005 )
-8123
- 1220
- 1220
-1231
-1231
-1231
-1232
- 1232
- 1232
- 1232
-1232
- 1240
-1240
-1310
-1310
-1234
-1234
-1234
-1233
-1233
-1233
-1235
-1235
-1235
-2140
-2140
-3310
-3310
-3310
-3310
-7007
-7005
-7007
-7005
-7007
-7017
-7005
-7007
-7017
-7025
-7027
-7005
-7007
-7005
-7007
-7005
-7007
-7017
-7005
-7007
-7017
-7005
-7007
-7017
-7017
-7025
-7005
-7007
-7017
-7025
1,935
(3,384)
1,623
2,698
706
4,632
(191,814)
9,633
(18,873)
25,207
11,733
202
3,038
1,287
716
4,404
(806)
1,156
50,209
9,103
178
(227,972)
9,672
190
15,344
7,488
166
456
1,177
21,775
29,361
1,878
(9,777)
49) Department of Technology-
PC Rental (001- 026-2210-7007
50) Risk Management-Overhead (001 - 026 -2210 - 7017
51 ) Department of Technology (001- 028-2111 -7005
52) Department of Technology-
PC Rental (001- 028 -2111 -7007
53 ) Risk Management-Overhead (001 - 028 -2111 - 7017
54) Department of Technology (001_ 050 - 1260 - 7005
55) Department of Technology-
PC Rental
56) Department of Technology-
PC Rental
57) Fleet Management
58) Fleet Rental
59) Risk Management-Overhead
60) Fleet Management
61 ) Fleet Rental
62) Risk Management-Overhead
63) Fleet Management
64 ) Fleet Rental (001 -
65) Department of Technology (001-
66) Risk Management-Overhead (001.
67) Fleet Management (001-
68) Fleet Rental (001-
71)
72)
73)
74)
75)
76)
77)
78)
79)
PC Rental (001-
80) Fleet Management (001-
81 ) Department of Technology (001-
82) Department of Technology-
PC Rental (001-
83) Risk Management-Overhead (001_
84) Fleet Management
85) Fleet Management
69) Department of Technology
70) Department of Technology-
PC Rental (001-
Risk Management-Overhead (001_
Fleet Management (001-
Fleet Management (001-
Fleet Rental (001-
Risk Management-Overhead (001_
Fleet Management (001 -
Fleet Rental (001 -
Department of Technology (001-
Department of Technology-
(001- 050-1260-7007)
(001- 050-3111-7007 )
(001- 050-3111-7025)
(001- 050-3111 -7027 )
(001- 050-3112 -7017 )
(001- 050-3112 -7025 )
(001- 050-3112-7027 )
(001- 050-3113-7017)
(001- 050-3113-7025)
050-3113-7027)
050-3114-7005)
050-3114-7017)
050-3115-7025)
050-3115-7027 )
(001- 050-3211 -7005 )
050-3211 -7007 )
050-3211-7017 )
050-3211-7025 )
050-3212 -7025 )
050-3212-7027 )
050-3213-7017 )
050-3213-7025 )
050-3213 -7027 )
050-3520-7005)
050-3520-7007 )
050-3520-7025 )
050-3521 -7005 )
050-3521 -7007 )
050-3521-7017)
(001- 050-3521 -7025 )
(001- 050-3530-7025)
) $ 10,501
) 166
) 4,384
) 685
) 263
) 472
55O
63,307
814
506
778
(13,093)
863
2,007
(29,842)
(4,293)
(69,062)
465
1,011
1,677
(28,159)
5,360
137
(637)
4,928
5,710
2,728
7,821
(3,963)
(608)
1,466
(600)
17,066
(536)
431
725
1,040
86) Department of Technology (001- 050
87) Department of Technology-
PC Rental (001- 050
88)Risk Management-Overhead (001- 050
89)Fleet Management (001- 050
90) Department of Technology (001- 052
91 ) Department of Technology-
PC Rental (001-
92) Fleet Management (001-
93) Department of Technology (001-
94) Department of Technology-
PC Rental (001-
95) Risk Management-Overhead (001-
96) Fleet Management (001-
97) Fleet Rental (001-
98) Department of Technology (001-
99) Department of Technology-
PC Rental (001- 052
100 ) Risk Management-Overhead (001 - 052
101 ) Fleet Management (001- 052
102 ) Fleet Rental (001 - 052
103) Fleet Management (001- 052
104) Department of Technology-
PC Rental (001- 052
105) Risk Management-Overhead (001- 052
106) Fleet Management (001- 052
107) Fleet Rental (001- 052
108) Department of Technology (001- 052
109) Department of Technology-
PC Rental (001- 052
110) Risk Management-Overhead (001- 052
111 ) Fleet Management (001- 052
112) Fleet Rental (001- 052
113) Risk Management-Overhead (001- 052
114) Fleet Management (001- 052
115 ) Fleet Rental (001 - 052
116) Risk Management-Overhead (001- 052
117 ) Fleet Management (001 - 052
118) Department of Technology (001- 052
119) Department of Technology-
PC Rental (001 -
120) Risk Management-Overhead (001-
121 ) Fleet Management (001-
122) Department of Technology (001-
-413O - 7005 )
-4130 - 7007 )
-4130-7017 )
-4130 - 7025 )
- 1280 - 7005 )
052 - 1280 - 7007 )
052 - 1280 - 7025 )
052-3410-7005 )
052 -3410 - 7007 )
052-3410-7017 )
052-3410-7025 )
052-3410-7027 )
052 -4110 - 7005 )
-4110 -7007 )
-4110-7017 )
-4110 - 7025 )
-4110 - 7027 )
-4140-7025 )
-4160 - 7OO7 )
-4160-7017 )
-4160- 7025 )
-4160-7O27 )
-4210-70O5 )
-4210-7007 )
-4210-7017)
-4210-7025)
-4210-7027)
-4211-7017 )
-4211-7025 )
-4211-7O27 )
-4220-7017)
-4220-7025)
-4310-7005)
052-4310-7007 )
052-4310-7017 )
052-4310-7025 )
052-4330-7005)
$(19,781)
12,408
539
3,627
1,185
1,116
626
61,331
1,964
155
(464)
2,431
(2,848)
1,876
562
(3,637)
(5,241)
(1,152)
2,699
299
(34,558)
359
7,005
4,674
860
66,736
4,694
120
12,574
141
383
1,112
6,600
25,244
287
(2,846)
2,068
123) Department of Technology-
PC Rental (001- 052-4330-7007
124) Risk Management-Overhead (001 - 052 -4330 - 7017
125 ) Fleet Management (001 - 052 -4330 - 7025
126 ) Fleet Rental (001 - 052 -4330 - 7027
127) Department of Technology-
PC Rental (001 -
052 -4340 - 7007 )
128) Risk Management-Overhead (001- 052 -4340 - 7017 )
129) Fleet Management (001- 052-4340 -7025 )
130) Fleet Rental (001 - 052 -4340 - 7027 )
131 ) Department of Technology (001- 052 -7110 -7005 )
132) Department of Technology-
PC Rental (001- 052 -7110 -7007 )
133) Risk Management-Overhead (001- 052 -7110 - 7017 )
134) Fleet Management (001- 052 -7110 -7025 )
135) Department of Technology-
PC Rental (001- 052 -8110 -7007 )
136) Fleet Management (001 - 052 -8110 - 7025 )
137) Department of Technology (001 - 054 - 1270 - 7005 )
138 ) Department of TechnolOgy- (001 - 054 - 1270 - 7007 )
PC Rental
139) Department of Technology-
PC Rental (001- 054-2150-7007 )
140) Department of Technology-
PC Rental (001- 054-3320-7007 )
141 ) Risk Management-Overhead (001 - 054 - 3320 - 7017 )
142) Fleet Management (001- 054-3320-7025 )
143) Department of Technology-
PC Rental (001- 054-3330-7007 )
144) Department of Technology- (001- 054-3350 -7007 )
PC Rental
145) Risk Management-Overhead (001- 054 -3350 - 7017 )
146) Fleet Management (001- 054-3350 -7025 )
147) Department of Technology-
PC Rental (001- 054-3360-7007 )
148) Risk Management-Overhead (001- 054 -3360 - 7017 )
149) Fleet Management (001- 054-3360 -7025 )
150) Department of Technology-
PC Rental (001- 054 -5110 -7007 )
151 ) Department of Technology (001- 054-5311 -7005 )
152) Department of Technology-
PC Rental (001- 054-5311 -7007 )
153) RiskManagement-Overhead (001- 054-5311 -7017 )
154) Risk Management-Overhead (001 - 054 -5313 - 7017 )
155) Risk Management-Overhead (001- 054 -5314 - 7017 )
) $ 2,886
) 503
) 9,920
) (3,100)
28,141
1,193
(10,964)
1,585
3,109
(8,440)
229
(4,558)
9,857
1,059
116
332
2,517
1,579
206
4,080
2,372
2,814
108
(778)
3,285
123
790
2,131
10,548
3,708
241
1,039
825
156)
157)
158)
159)
160)
161)
162)
Fleet Management (001 -
Fleet Rental (001-
Risk Management-Overhead (001 -
Department of Technology (001-
Department of Technology-
PC Rental (001 -
Risk Management-Overhead (001-
Department of Technology-
PC Rental (001-
163) Department of Technology (001-
164) Department of Technology-
PC Rental (001 -
165) Department of Technology (001-
166) Department of Technology-
PC Rental (001 -
167) Department of Technology (001-
054-5314-7025 ) $ (8,160)
054-5314-7027 ) 262
054-5316-7017 ) 155
054-7310-7005 ) (48,350)
054 -7310 - 7007 ) 43,480
054-7310-7017 ) 474
054 -8170 - 7007 ) 151
056-1237-7005 ) (4,885)
056-1237-7007) 2,537
070-2120-7005 ) 125
070-2130-7007 ) 4,805
076-2130-7005) 179
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be
in effect from its passage.
ATTEST:
City Clerk.
City of Roanoke, VA
Department of Finance
June 5,2000
'00 JUi~ -1 P 1:24
TO:
FROM:
SUBJECT:
Honorable Mayor and Members of City Council
James D. Grisso, Director of Finance
Transfer of Appropriations for Internal Service Funds Charges
The City of Roanoke's Internal Service Funds account for certain services provided to
other departments of the City. The Internal Service Funds recover their costs by charging
the receiving departments for services provided.
Budgeted funds for internal services are allocated in the General Fund in each fiscal year's
budget throughout various departments based on estimated usage. Usage usually varies
from the original estimates. Each fiscal year, at this time, it is necessary to make
appropriations transfers between departments to provide sufficient funds for internal
services for the fiscal year. This ordinance makes such transfers. The transfers do not
increase the overall General Fund budget, but only reallocate amounts between
departments.
A summary of the total transfers in the attached budget ordinance is as follows:
Department of Technology
Department of Technology -
PC Rental
Risk Management Overhead
Fleet Management
Fleet Rental
Budget Amount Revised
Before Transfers Budget
Transfers In/(Out) Amount
$ 3,165,000 $ (351,000) $ 2,814,000
207,654 351,000 558,654
616,852 0 616,852
1,750,274 ( 2,918) 1,747,356
1,050,000 2,918 1,052,918
$6,789,780 $ 0 $6,789,780
Honorable Mayor and Members of City Council
June 5, 2000
Page 2
The attached budget ordinance will accomplish the required transfers. I recommend it for
your approval.
J~mes D. Griss0,~irector of Finance
JDG/AFS:pac
c: Barry Key, Director, Department of Management and Budget
Mary F. Parker, CMC
City Clerk
CITY OF ROANOKE
Office of the City Clerk
June 10, 2000
File #24-79
Sandra H. Eakin
Deputy City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 34860-060500 amending and reordaining {}32-283,
Definitions, and {}32-297, Exemptions, of Article XIV, Tax on Prepared Food and Beveraqe,
of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, to
provide for meals taxation in conformance with recently amended state legislation. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Monday, June 5, 2000.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:Io
Attachment
pc:
The Honorable Diane McQ. Strickland, Chief Judge, Twenty-Third Judicial Circuit
of Virginia
The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Roy B. Willett, Judge, Twenty-Third Judicial Circuit of Virginia
The Honorable Richard C. Pattisall, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of
Virginia
C: k,My Filesk, IUN~5. WP D
Darlene L. Burcham
June 10, 2000
Page 2
pc~
The
The
The
The
The
Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia
Honorable Julian H. Raney, Jr., Chief Judge, General District Court
Honorable George W. Harris, Jr., Judge, General District Court
Honorable Vincent A. Lilley, Judge, General District Court
Honorable William D. Broadhurst, Judge, General District Court
The Honorable Jacqueline F. Ward Talevi, Judge, General District Court
The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic
Relations District Court
The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations
District Court
The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations
District Court
The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations
District Court
Evelyn Jefferson, Vice-President - Supplements, Municipal Code Corporation,
P. O. Box 2235, Tallahassee, Florida 32316
Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building,
Roanoke, Virginia 24011
Ronald S. Albright, Clerk, General District Court
Patsy A. Bussey, Clerk, Juvenile and Domestic Relations District Court
James D. Grisso, Director of Finance
Dana D. Long, Chief, Billings and Collections
C:~VlyFile~XJUNE5. WPD
IN THE-COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of June, 2000.
No. 34860-060500.
AN ORDINANCE amending and reordaining §32-283, Definitions, and §32-297,
Exemptions, of Article XIV, Tax on Prepared Food and Beverage, of Chapter 32, Taxation,
of the Code of the City of Roanoke (1979), as amended, to provide for meals taxation in
conformance with recently amended state legislation; and providing for an emergency and
an effective date.
BE IT ORDAINED by the Council of the City of Roanoke that: '
1. Section 32-283, Definitions, and §32-297, Exemptions, of Article XIV, Tax
on Prepared Food and Beverage, of Chapter 32, Taxation, of the Code of the Code of the
City of Roanoke (1979), as amended, are amended and reordained to read and provide as
follows:
ARTICLE XIV. TAX ON PREPARED FOOD AND BEVERAGE
***
Sec. 32-283..,Definitions.
(h) Snack Food: Unopened bottles or cans of carbonated soft drinks;
chewing gum; candy; popcorn; peanuts and other nuts; unopened packages of
cookies, doughnuts, crackers and potato chips; and other items of essentially
the same nature and consumed for essentially the same purpose which are
packaged for home consumption.
Sec. 32-297. Exemptions.
(a) The tax imposed by this Article shall not be levied on factory-
prepackaged candy, gum, nuts and other items of essentially the same nature
served for on or off-premises consumption.
(b) The tax imposed by this Article shall not be levied on the following
items when served exclusively for off-premises consumption:
(1)
Doughnuts, ice cream, crackers, nabs, chips, cookies, and other
factory-prepackaged items of essentially the same nature.
(2)
Food sold in bulk. For the purposes of this provision, a bulk
sale shall mean the sale of any item that would exceed the
normal, customary, and usual portion sold for on premises
consumption; a bulk sale shall not include any food or beverage
that is catered or delivered by a food establishment for off-
premises consumption.
(3)
Alcoholic and non-alcoholic beverages sold in factory sealed
containers.
(4)
Any food or food product purchased with food coupons issued
by the United States Department of Agriculture under the Food
Stamp Program or drafts issued through the Virginia Special
Supplemental Food Program for Women, Infants and Children.
.(5)
Any food or food product purchased for home consumption as
defined in the Federal Food Stamp Act of 1977, 7 U.S.C. §2012,
as amended, except hot food or hot food products ready for
immediate consumption. For the purposes of administering the
tax levied by this Article, the following items whether or not
purchased for immediate consumption are excluded from the
said definition of food in the Federal Food Stamp Act:
sandwiches, salad bar items sold from a salad bar, prepackaged
'single-serving salads consisting primarily of an assortment of
vegetables, and nonfactory sealed beverages. This subsection
shall not affect provisions set forth in subparagraphs (d) (3) (4)
and (5) herein below.
2
(c) A grocery store, supermarket or convenience store shall not be subject
to the tax imposed by this Article except for any portion or section therein
designated as a delicatessen or designated for the sale of prepared food and
beverages.
(d) The tax imposed by this Article shall not be levied on the following
purchases of food and beverages:
(1)
Food and beverages furnished by restaurants to employees as
part of their compensation when no charge is made to the
employee.
(2)
Food and beverages sold by nonprofit day care centers, public
or private elementary or secondary schools or food sold by any
college or university to its students or employees.
(3)
Food and beverages for use or consumption by the
Commonwealth, any political subdivision of the Commonwealth
or the United States.
(4)
Food and beverages furnished by a hospital, medical clinic,
convalescent home, nursing home, home for the aged, infirm,
disabled, battered women, narcotic addicts or alcoholics, or
other extended care facility to patients or residents thereof and
the spouses and children of such persons.
(5)
Food and beverages furnished by a public or private non-profit
charitable organization or establishment or a private
establishment that contracts with the appropriate agency of the
Commonwealth to offer meals at concession prices to elderly,
infirm, blind, disabled or needy persons in their homes or at
central locations.
(6)
Food and beverages sold on an occasional basis, not exceeding
three (3) times per calendar year by a non-profit educational,
' charitable or benevolent organization, church, or religious body
as a fund-raising activity, the gross proceeds of which are to be
used by such organization exclusively for non-profit
educational, charitable, benevolent or religious purposes.
(7)
(8)
(9)
Bakery foods, as defined in the Food Stamp Act of 1977, U.S.C.
§2012. This includes bagels, brownies, cakes, cookies, crackers,
croissants, doughnuts, pies, pastries, and similar prepackaged
bakery items.
Any other sale of food which is exempt from taxation under the
Virginia Retail Sales and Use Tax Act, or administrative rules
and regulations issued pursuant thereto.
Food sold from a vending machine.
2. In order to provide for the usual daily operation of the municipal government,
an emergency is deemed to exist, and this ordinance shall be in full force and effect upon
July 1, 2000.
ATTEST:
City Clerk.
H:\ORD-CA\O-CA*Tax-PrepFood-5-24-00 4
JAMES D. GRISSO
Director of Finance
June 5,2000
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, S.W., Room 461
R O. Box 1220
Roanoke, Virginia 24006-1220
Telephone: (540) 853-2821
Fax: (540) 853-2940
'00 M~Y26 P3:27
JESSE A. HALL
Deputy Director
Honorable David A. Bowers, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable Wendell H. Butler, Council Member
Honorable W. Alvin Hudson, Jr., Council Member
Honorable Carroll E. Swain, Council Member
Honorable William White, Sr., Council Member
Honorable Linda F. Wyatt, Council Member
RE: Required Chanqes to the Prepared Food and Bevera,qe Tax Ordinance;
Dear Honorable Mayor and Members of Council:
The Retail Sales & Use Tax Food Tax Reduction Program was approved by the legislature
in 1999 and became effective on January 1,2000. This program reduces the state sales
tax on food purchased for home consumption. This legislation also set forth changes to
the local Prepared Food and Beverage Tax Ordinance ("Meals Tax") by stating that no
locality shall levy any tax upon food purchased for human consumption as defined in the
Food Stamp Act of 1977,7 U.S.C. [}2012, as amended. Originally this legislation would
have reduced local Meals Tax revenue by approximately 20%. However, as a result of a
compromise worked out last year between the Virginia Municipal League and various food
industry groups, House Bill 255 was adopted by the 2000 legislative session so that the
impact on the local Meals Tax would be minimal. With the required changes, we currently
anticipate only a 2-3% reduction in Meals Tax revenues. The effective date of these
changes is July 1, 2000.
Certain foods currently taxed under the Meals Tax Ordinance will no longer be taxed.
These foods include certain defined bakery goods, cakes, breads, doughnuts, cookies,
and pies based on packaging. The attached ordinance sets forth the necessary changes
that will bring our local ordinance into compliance with the Code of Virginia. In addition,
Section 32-297, Exemptions, is being amended to provide conformance with a model
ordinance recommended by the Virginia Municipal League. The Exemptions Section
remains substantially the same but adds an expanded definition of foods and beverages
which are not taxable. We also recommend in the Exemptions Section that the word
Honorable Mayor and Members
of City Council
June 5, 2000
Page 2
"handicapped" be changed to "disabled." Additionally, we recommend clarification to
Section 2-28, Definitions, to specify snack foods "packaged for home consumption" as
exempt from the Meals Tax.
We have communicated with sellers of prepared food and beverages to inform them of the
changes. We recommend City Council adopt the attached ordinance effecting the above
noted changes. We will be pleased to answer questions that you might have on this
matter.
Sincerely,
James D. Grisso
Director of Finance
JDG:s
Attachment
C~
Darlene Burcham, City Manager
James Ritchie, Deputy City Manager
William Hackworth, City Attorney
Mary F. Parker, City Clerk
Dana D. Long, Chief, Billings and Collections
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W.. Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-I 145
June 10, 2000
File #60-313
SANDRA H. EAKIN
Deputy City Clerk
Gregory A. Gray, President
Eastern Waterproofing & Restoration Co., Inc.
7175 Montevideo Road
Jessup, Maryland 20794
Dear Mr. Gray:
I am enclosing copy of Ordinance No. 34862-060500 accepting the bid of Eastern
Waterproofing & Restoration Co., Inc., in the amount of $381,010.00, for renovations to the
Williamson Road Parking Garage; and rejecting all other bids made to the City for the work.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, June 5, 2000.
Mary F. Parker, CMC
City Clerk
MFP:Io
Enclosure
pc:
Matthew Wynn, Manager, Parking Garages, 15 East Campbell Avenue, S. W.,
Roanoke, Virginia 24011
Darlene L. Burcham, City Manager
James D. Grisso, Director of Finance
C: ~Vly Files~Lqq~5. WP D
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W.. Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
June 10, 2000
File #60-313
J. Barry Hall, President
Hall's Construction Corporation
P. O. Box 347
Shawsville, Virginia 24162
J. W. Christenbury, Jr., President
Acorn Construction, Ltd.
P. O. Box 625
Troutville, Virginia 24175
Gene D. Lucas, President
U. S. Construction of Roanoke, Inc.
8201-C Williamson Road, N. W.
Roanoke, Virginia 24019
T. Keith Crabtree, President
Pro Industrial Welding, Inc.
732 Ridge Road
Saltville, Virginia 24370
Gentlemen:
I am enclosing copy of Ordinance No. 34862-060500 accepting the bid of Eastern
Waterproofing & Restoration Co., Inc., in the amount of $381,010.00, for renovations to the
Williamson Road Parking Garage; and rejecting all other bids made to the City for the work.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, June 5, 2000.
On behalf of the City of Roanoke, I would like to express appreciation for submitting your
bid on the abovedescribed project.
Sincerely, f~
Mary F. Parker, CMC
City Clerk
MFP:Io
Enclosure
C:'d~ly File~'~IN E 5. WPD
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of June, 2000.
No. 34862-060500.
AN ORDINANCE accepting the bid of Eastern Waterproofing & Restoration Co., Inc., for
the Williamson Road Parking Garage Renovation, upon certain terms and conditions and awarding
a contract therefor; authorizing the proper City officials to execute the requisite contract for such
work; rejecting all other bids made to the City for the work; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The bid of Eastern Waterproofing & Restoration Co., Inc., in the mount of
$381,010.00, consisting of line items 1 through 7, for the Williamson Road Parking Garage
Renovation, as is more particularly set forth in the City Manager's report dated June 5, 2000, to this
Council, such bid being in full compliance with the City's plans and specifications made therefor and
as provided in the contract documents offered said bidder, which bid is on file in the Office of Supply
Management, be and is hereby ACCEPTED.
2. The City Manager and the City Clerk are hereby authorized, on behalf of the City, to
execute and attest, respectively, the requisite contract with the successful bidder, based on its
proposal made therefor and the City's specifications made therefor, said contract to be in such form
as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore
or simultaneously appropriated by Council.
3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED,
and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation
for such bid.
4. In order-to provide for the usual daily operation of the municipal government, an
emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
Mary F. Parker, CMC
City Clerk
CITY OF ROANOKE
Office of the City Clerk
June 10, 2000
File #60-313
Sandra H. Eakin
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 34861-060500 amending and reordaining certain
sections of the 1999-2000 General Transportation and Capital Projects Fund
Appropriations, providing for appropriation of $402,350.00 to Williamson Road Parking
Garage Renovation, in connection with a contract with Eastern Waterproofing and
Restoration Co., Inc., for renovations to the Williamson Road Parking Garage. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Monday, June 5, 2000.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:Io
Attachment
pc:
Matthew Wynn, Manager, Parking Garages, 15 East Campbell Avenue, S. W.,
Roanoke, Virginia 24011
Darlene L. Burcham, City Manager
C :'~vly FilcaklUNE 5, WP D
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of June, 2000.
No. 34861-060500.
AN ORDINANCE to amend and reordain certain sections of the 1999-2000
General, Transportation and Capital Projects Fund Appropriations, and providing for an
emergency.
WHEREAS, for the usual daily operation of the Municipal Government of the City
of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that
certain sections of the 1999-2000 General, Transportation and Capital Projects Fund
Appropriations, be, and the same are hereby, amended and reordained to read as follows,
in part:
General Fund
ADproDriations
Public Safety $ 44,549,952
Jail (1) .................................................. 9,064,868
Nondepartmental $ 64,174,242
Transfers to Other Funds (2) ................................. 63,370,895
Fund Balance
Reserved for CMERP - City (3) ............................... $ 1,565,416
Transportation Fund
Retained Earnin,qs
Retained Earnings (4-5) .....................................
$ 1,629,736
Capital Projects Fund
ADoroDriations
General Government $14,713,784
Williamson Road Parking Garage Renovation (6-7) ................... 481,250
1 ) Reimbursements
2) Transfer to Capital
Projects Fund
3) Reserved for
CMERP - City
4) Retained Earnings
5) Transfers to Capital
Projects Fund
6) Appropriated from
General Revenue
7) Appropriated from
Transportation Fund
(001-024-3310-8005)
( 001-004-9310-9508)
(001-3323)
(007-3345)
(007 -056-8240-9508)
(008-052-9576-9003)
(008-052-9576-9099)
$(
74,350)
110,250
(35,900)
(293,000)
293,000
110,250
293,000
BE IT FURTHER ORDAINED that, an emergency existing, thi~ Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
Roanoke City Council .
Regular Agenda Report 00
June 5, 2000
Honorable David A. Bowers, Mayor, and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council
Subject: Bid Committee Report
Williamson Road Parking Garage Renovation
Bid No. 00-2-61
Background:
This project consists of the renovation and repair of the existing parking garage located at
201 Tazewell Avenue S.E. Following proper advertisement, bids were received on
Tuesday, April 18, 2000. The bid was for 11 line items, with any combination of which
could be selected by the City of Roanoke for the final contract. Five bids were received.
It was determined that lines items 1 through 7 should be included in this project, and that
only those items would be included in the contract. Eastern Waterproofing & Restoration
Co., Inc., 7175 Montevideo Road, Jessup, Maryland 20794, submitted the Iow bid in the
amount of $381,010 for line items 1 through 7 to be completed in 119 consecutive calendar
days. The bid tabulation sheet is attached as Exhibit A. This bid complied with all bid
requirements.
Considerations:
Line items I through 7 consist of the following, which are critical to the project:
· Repair and enclose North and South Stairs
· Repair and replace brick veneer at North Stair
· Overlay Level 5 slab
· Patch and repair section of Level 4 slab
· Replace expansion joints
· Replace emergency lighting
· Replace interior light fixtures
This will require funding of $381,010. A project contingency of 7% ($27,240) will also be
included in this project bringing the total funding required to $408,250.
Honorable David A. Bowers, Mayor, and Members of City Council
Bid Committee Report
VVilliamson Road Parking Garage Renovation
Bid No. 00-2-61
June 5, 2000
Page 2
Funding for the project is available as follows:
Transportation Fund, Retained Earnings
Capital Maintenance Equipment Program (CMERP)
Williamson Road Parking Garage
Jail recovered Costs
Total Amount of Available Funds
Recommended Action:
$293,000
35,900
5,000
74,350
$408,250
Authorize the Director of Finance to appropriate $402,350 into Williamson Road Parking
Garage Renovation, account number 008-052-9576 as follows: $293,000 from
Transportation Fund Retained Earnings, $35,900 from CMERP, and $74,350 from Jail
Recovered Costs, account number 001-024-3310-8005.
Accept the bid by Eastern Waterproofing & Restoration Co., Inc. and award a contract in
the amount of $381,010 to include line items 1 through 7 of the bid tabulation sheet.
Authorize the City Manager to enter a contractual agreement for the same, in form
approved by the City Attorney, and reject all other bids.
Respectfully Submitted,
W. Alvin Hudson
Robert K. Bengtson
Honorable David A. Bowers, Mayor, and Members of City Council
Bid Committee Report
Williamson Road Parking Garage Renovation
Bid No. 00-2-61
June 5, 2000
Page 3
I concur in the recommendation of the Bid Committee and recommend it to you for your
approval.
Respectfully Submitted,
Darlene L. Burch~m
City Manager
DLB/TWK/bls
Attachment
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
James D. Grisso, Director of Finance
#00-135
MARY E PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 - 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
June 16, 2000
File #60-342
William D. Gee, President
H. & S. Construction, Co.
P. O. Box 6226
Roanoke, Virginia 24017
Dear Mr. Gee:
I am enclosing copy of Ordinance No. 34864-060500 accepting the bid of H. & S.
Construction Co., in the amount of $339,973.55, for construction of improvements for
Phase I of the Williamson Road Revitalization Project; and rejecting all other bids made to
the City for the work. The abovereferenced measure was adopted by the Council of the
City of Roanoke at a regular meeting which was held on Monday, June 5, 2000.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:Io
Enclosure
pc:
Executive Director, Williamson Road Area Business Association, 4804 Williamson
Road, N. W., Roanoke, Virginia 24012
Dadene L. Burcham, City Manager
James D. Gdsso, Director of Finance
Kit B. Kiser, Assistant City Manager for Operations
Robert K. Bengtson, Director, Department of Public Works
Philip C. Schirmer, Acting City Engineer
C:hMyFilm'dlJNES.WPD
IN THE coUNcIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of June, 2000.
No. 34864-060500.
AN ORDINANCE accepting the bid of ri. & S. Construction Company, for construction of
the improvements for Phase I of the Williamson Road Revitalization Project, upon certain terms and
conditions and awarding a contract therefor; authorizing the proper City officials to execute the
requisite contract for such work; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The bid of H. & S. Construction Company, in the amount of $339,973.55 for
construction of the improvements for Phase I of the Williamson Road Revitalization Project, as is
more particularly set forth in the City Manager's report dated June 5, 2000, to this Council, such bid
being in full compliance with the City's plans and specifications made therefor and as provided in the
contract documents offered said bidder, which bid is on file in the Office of Supply Management, be
and is hereby ACCEPTED.
2. The City Manager and the City Clerk are hereby authorized, on behalf of the City, to
execute and attest, respectively, the requisite contract with the successful bidder, based on its
proposal made therefor and the City's specifications made therefor, said contract to be in such form
as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore
or simultaneously appropriated by Council.
H:XMEASWR~~ road
3. In order-to provide for the usual daily operation of the municipal government, an
emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
H:'~M EASURE $~h.swilIi~on ~
Mary F. Parker, CMC
City Clerk
CITY OF ROANOKE
Office of the City Clerk
June 10, 2000
File #60-342
Sandra H. Eakin
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 34863-060500 amending and reordaining certain
sections of the 1999-2000 Capital Projects Fund Appropriations, providing for transfer of
$374,000.00, in connection with a contract with H. & S. Construction Company for
construction of improvements for Phase I of the Williamson Road Revitalization Project.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, June 5, 2000.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:Io
Attachment
pc:
Dadene L. Burcham, City Manager
James D. Ritchie, Sr., Deputy City Clerk
Kit B. Kiser, Assistant City Manager for Operations
Robert K. Bengtson, Director, Department of Public Works
Philip C. Schirmer, Acting City Engineer
C :LMv File~ccNE 5 WlPD
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of June, 2000.
No. 34863-060500.
AN ORDINANCE to amend and reordain certain sections of the 1999-2000
Capital Projects Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government of the
City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that
certain sections of the 1999-2000 Capital Projects Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
Armropriations
Streets and Bridges $ 25,308,244
Williamson Road Improvements (1) .............................. 468,000
Capital Improvement Reserve $12,809,192
Public Improvement Bond Series 1999 (2) ......................... 11,827,678
1 ) Appropriated from
Bond Funds (008-052-9716-9001) $ 374,000
2) Streets and Sidewalks (008-052-9709-9191) (374,000)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
Roanoke City Council
Regular Agenda Report
June 5,2000
'00 ~I~Y 24 ~,8:48
Honorable David A. Bowers, Mayor, and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
Subject:
Bid Committee Report
Williamson Road Corridor Study Recommendations
Phase I - Construction of Certain Recommended Improvements
Bid No. 00-3-57
Background:
This project is the first phase of a phased improvement strategy which will guide public and
private infrastructure improvements by the City in concert with the Williamson Road Area
Business Association (WP, ABA). The construction of certain improvements needed for
Phase I include replacement of deteriorating curb and sidewalk, improvement of ingress/egress
from Williamson Road, crosswalks, street lighting, signage, landscaping and other pedestrian
amenities. Improvements are proposed along the entire five mile corridor, running from Orange
Avenue (US 460) to the northerly city limit. This project is Phase I of an anticipated 20-year
project, estimated to cost in excess of $17 million.
One bid was received from H. & S. Construction Company, 2011 Salem Avenue, S.W.,
Roanoke, Virginia 24016, in the amount of $339,973.55. The bid is 3.2% above the engineer's
estimate, which is acceptable.
Recommended Action:
Accept the above bid of $339,973.55 and authorize the City Manager to enter into a contractual
agreement with H. & S. Construction Company, in the amount of $339,973.55, for the work set
forth above, in form approved bythe City Attorney, with a project contingency of $34,026.45, and
360 consecutive calendar days for completion of the project as set forth above.
Authorize the Director of Finance to transfer $374,000.00 from the 1999 Bond Fund account
number 008-052-9709-9191 to account number 008-052-9716, Williamson Road Corridor Study
Recommendations - Phase I.
Honorable David A. Bowers, Mayor, and Members of City Council
Bid Committee Report
Williamson Road Corridor Study Recommendations
Phase I - Construction of Certain Recommended Improvements
Bid No. 00-3-57
June 5, 2000
Page 2
Respectfully submitted,
W. Alvin Hudson
I concur in the recommendation of the bid committee and recommend it to you for approval.
Respectfully submitted,
City Manager
DLB/JGB/bls
Attachment
C;
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
James D. Grisso, Director of Finance
# 00-138
ATTACHMENT 1
TABULATION OF BIDS
WILLIAMSON ROAD REVITALIZATION PROJECT
PHASE I
BID NO. 00-3-57
Bids were opened by D. Darwin Roupe, Manager, Office of Supply Management, on Tuesday,
April 18, 2000, at 2:00 p.m.
H. & S. Construction Company
$339,973.55
Yes
Engineer's Estimate of Cost: $329,000.00
Office of the City Engineer
Roanoke, Virginia
June 5, 2000
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 ~ 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
June 10, 2000
File #60-468
Eric D. Rorrer, President
Rorrer Well Drilling, Inc.
P. O. Box 674
Christiansburg, Virginia 24068
Dear Mr. Rorrer:
I am enclosing copy of Ordinance No. 34866-060500 accepting the bid of Rorrer Well
Drilling, Inc., in the amount of $67,230.00, to drill and test three wells at potential sites
located at the Carvins Cove Filtration Plant, a location near the Carvins Cove Concession
area, and a location near the Mill Mountain Storage Tank; and rejecting all other bids made
to the City for the work. The abovereferenced measure was adopted by the Council of the
City of Roanoke at a regular meeting which was held on Monday, June 5, 2000.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:Io
Enclosure
pc:
Darlene L. Burcham, City Manager
James D. Grisso, Director of Finance
Kit B. Kiser, Assistant City Manager for Operations
Robert K. Bengtson, Director, Department of Public Works
Philip C. Schirmer, Acting City Engineer
C :'~viyFiI~NE:5. WP D
MARY E PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 - 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
June 10, 2000
File #60-468
Louis W. Mundy, President
Gilliam & Mundy Drilling Co., Inc.
P. O. Box 800
Buchanan, Virginia 24066
Ty G. Davidson, President
Bedford Well Drilling & Pump Co., Inc.
701 Industrial Avenue
Bedford, Virginia 24523
Richard A. Simmons, President
R. A. Simmons Wells Drilling Co., Inc.
60 Drill Rig Drive
Buchanan, Virginia 24066
Gentlemen:
I am enclosing copy of Ordinance No. 34866-060500 accepting the bid of Rorrer Well
Drilling, Inc., in the amount of $67,230.00, to drill and test three wells at potential sites
located at the Carvins Cove Filtration Plant, a location near the Carvins Cove Concession
area, and a location near the Mill Mountain Storage Tank; and rejecting all other bids made
to the City for the work. The abovereferenced measure was adopted by the Council of the
City of Roanoke at a regular meeting which was held on Monday, June 5, 2000.
On behalf of the City of Roanoke, I would like to express appreciation for submitting your
bid on the abovedescdbed project.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:Io
Enclosure
C: ~VlyFiles'OUNF_.,5. WPD
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of June, 2000.
No. 34866-060500.
AN ORDINANCE accepting the bid of Rorrer Well Drilling, Inc., to drill and test three wells
at potential sites located at the Carvins Cove Filtration Plant, a location near the Carvins Cove
Concession Area, and a location near the Mill Mountain Storage Tank, upon certain terms and
conditions and awarding a contract therefor; authorizing the proper City officials to execute the
requisite contract for such work; rejecting all other bids made to the City for the work; and providing
for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The bid of Rorrer Well Drilling, Inc., in the amount of $67,230 to drill and test three
wells at potential sites located at the Carvins Cove Filtration Plant, a location near the Carvins Cove
Concession Area, and a location near the Mill Mountain Storage Tank, as is more particularly set
forth in the City Manager's report dated June 5, 2000, to this Council, such bid being in full
compliance with the City's plans and specifications made therefor and as provided in the contract
documents offered said bidder, which bid is on file in the Office of Supply Management, be and is
hereby ACCEPTED.
2. The City Manager and the City Clerk are hereby authorized, on behalf of the City, to
execute and attest, respectively, the requisite contract with the successful bidder, based on its
proposal made therefor and the City's specifications made therefor, said contract to be in such form
as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore
or simultaneously appropriated by Council.
3. Any and all other bids made to the City for the aforesaid work are hereby REjECTED,
and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation
for such bid.
4. In order tO provide for the usual dally operation of the municipal government, an
emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
Mary F. Parker, CMC
City Clerk
CITY OF ROANOKE
Office of the City Clerk
June 10, 2000
File #60-468
Sandra H. Eakin
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 34865-060500 amending and reordaining certain
sections of the 1999-2000 Water Fund Appropriations, providing for appropriation of
$102,230.00, in connection with a contract with Rorrer Well Drilling, Inc., to drill and test
wells at three potential sites. The abovereferenced measure was adopted by the Council
of the City of Roanoke at a regular meeting which was held on Monday, June 5, 2000.
Mary F. Parker, CMC
City Clerk
MFP:Io
Attachment
pc:
Dadene L. Burcham, City Manager
Kit B. Kiser, Assistant City Manager for Operations
Robert K. Bengtson, Director, Department of Public Works
Philip C. Schirmer, Acting City Engineer
C:~MyFilc~LIUNE$.WI~D
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of June, 2000.
No. 34865-060500.
AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Water
Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government of the City
of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that
certain sections of the 1999-2000 Water Fund Appropriations, be, and the same are
hereby, amended and reordained to read as follows, in part:
Appropriations
Capital Outlay $ 1,481,831
Groundwater Development (1) ................................. 252,230
Retained Earnings
Retained Earnings (2) ........................................ $ 30,014,211
1) Appropriated from
General Revenue (002-056-8389-9003) $ 102,230
2) Retained Earnings (002-3336) (102,230)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
Roanoke City Council
Regular Agenda Report
June 5,2000
'00 ~'~' 31 /',!o :(}6
Honorable David A. Bowers, Mayor, and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
Subject:
Bid Committee Report
Drilling Groundwater Development Wells
Bid No. 00-4-28
Background:
In response to the 1999 drought and water conservation efforts, City staff was directed to
investigate alternative water supply sources. One of these alternatives is the use of
groundwater, more commonly known as wells. A Preliminary Groundwater Resource
Development Report was prepared for the City by HSI Geotrans of Glen Allen, Virginia.
The HSI Geotrans report concluded that there is a good opportunity for development of
groundwater resources in the City of Roanoke. The report identified eight potential well
sites. This proposed contract provides for well drilling at three of the potential sites.
Considerations:
Competitive bids for Drilling Groundwater Development Wells were opened on
Wednesday, May 10, 2000, with Rorrer Well Drilling, Inc., 4701 Childress Road,
Christiansburg, Virginia 24073, submitting the lowest bid in the amount of $67,230 to drill
and test three wells. One production well is to be located at the Carvins Cove Filtration
Plant, a second well for domestic service is to be located near the Carvins Cove
Concession Area, and the third well is to be located near the Mill Mountain Storage Tank
off Riverland Road.
The bid provided unit prices for optional items, including additional well drilling beyond
anticipated depths, air compressor rental, and supervision of 48 well yield tests. It is
recommended that a project contingency of $25,000 be provided to fund these unit price
expenses.
City engineering and inspection expenses for the project are estimated to be $10,000.
Funding is available in Water Fund Retained Earnings to fund the proposed project.
Recommended Action:
Authorize the City Manager to execute a contract for the above work with Rorrer Well
Drilling, Inc., in a form acceptable to the City Attorney, in the amount of $67,230, with a
project contingency of $25,000, and 60 days of contract time. Reject all other bids
received.
Honorable David A. Bowers, Mayor, and Members of City Council
Roanoke, Virginia
Bid Committee Report
Drilling Groundwater Development Wells
Bid No. 00-4-28
June 5, 2000
Page 2
Appropriate $102,230 from Water Fund Retained Earnings and transfer the same to
account 002-056-8389 Groundwater Development to fund the construction contract,
provide for a project contingency, and fund the engineering of the project.
Respectfully submitted,
Carroll E. Sw~, Chairman
W. Alvin Hudson
I concur in the recommendation of the bid committee and recommend it to you for
approval.
City Manager
DLB/PCS/bls
Attachment
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
James D. Grisso, Director of Finance
# 00-140
ATTACHMENT
TABULATION OF BIDS
DRILLING GROUNDWATER DEVELOPMENT WELLS
BID NO. 00-4-28
Bids were opened by D. Darwin Roupe, Manager, Office of Supply Management, on Wednesday, May 10, 2000, at
2:00 p.m.
Rorrer Well Drilling, Inc. X $17,050 $12,950 $37,230 $ 67,230
Bedford Well Drilling X $21,920 $12,900 $36,070 $ 70,890
Gilliam & Mundy Drilling X $22,950 $16,625 $45,340 $ 84,915
Richard Simmons Well X X $28,650 $19,340 $55,120 $103,110
Engineer's Estimate: $87,575
Office of the City Engineer
Roanoke, Virginia
June 5, 2000
Mary F. Parker, CMC
City Clerk
CITY OF ROANOKE
Office of the City Clerk
June 10, 2000
File #192
Sandra H. Eakin
Deputy City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia.
Dear Ms. Burcham:
I am attaching copy of Resolution No. 34867-060500 terminating the City's contract with
Fells Point Catering, Inc., d/b/a Hightopps Catedng (Fells Point) dated October 4, 1999;
authorizing the City Manager to execute the amendment terminating the contract;
authorizing the City's purchase of Fells' Point smallware inventory; and authorizing the
addition of one full-time staff person to the Civic Center for its food and beverage division.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, June 5, 2000.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:Io
Attachment
pc:
James D. Ritchie, Sr, Deputy City Manager
James D. Grisso, Director of Finance
Kit B. Kiser, Assistant City Manager for Operations
Mark E. Feldman, Chair, Roanoke Civic Center Commission, 2932 Lockridge Road,
S. W., Roanoke, Virginia 24014
James M. Evans, Director, Civic Facilities
Kenneth S. Cronin, Director, Department of Human Resources
C:XlVIyFileaXJUI~$ .WPD
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of June, 2000.
No. 34867-060500.
A RESOLUTION terminating the City's contract with Fells Point Catering, Inc., d/b/a Hightopps
Catering (Fells Point) dated October 4, 1999; authorizing the City Manager to execute the amendment
terminating the contract; authorizing the City's purchase of Fells Point's smallware inventory; and
authorizing the addition of one full-time staffperson to the Civic Center for its food and beverage division.
WHEREAS, the parties entered into a contract for catering management services dated October 4,
1999; and
WHEREAS, the parties have mutually agreed to terminate the contract as of June 1, 2000.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. Council hereby approves terminating the City's contract with Fells Point Catering, Inc.,
d/b/a Hightopps Catering, dated October 4, 1999, for providing catering management services for the
Roanoke Civic Center facilities, such termination to be substantially in accordance with the provisions of
the amendment attached to the City Manager's report to this Council dated June 5, 2000, with an effective
termination date of June 1, 2000.
2. The City Manager and the City Clerk are hereby authorized to execute and attest,
respectively, an amendment terminating the contract with Fells Point Catering, Inc., d/b/a Hightopps
Catering effective June 1, 2000, all as more fully set forth in the above mentioned report.
3. The City Manager is hereby authorized to purchase Fells Point's smallwares inventory for
a total price to be agreed upon bY the parties, provided the said amount is within the City Manager's
authority to issue changes orders or amendments to contracts, all as more fully set forth in the above
mentioned report.
4. Council hereby authorizes the addition of one full-time staffposition for the Roanoke Civic
Center for its food and beverage operations.
ATTEST:
City Clerk.
Roanoke City Council
Regular Agenda Report
June 5,2000
Honorable David A. Bowers, Mayor, and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
Subject:
Civic Center Commission Report Dated May 23, 2000
Regarding Catering Management Services at the
Roanoke Civic Center
This is to concur with the subject report. However, Civic Center Management
and Fells Point have agreed to the monies for May 2000 and no reconciliation is
needed as reflected in the attached amendment to the report.
Operating the catering services in-house will permit us to closely control the
inventory and retain all the profits.
Darlene Burcham
City Manager
CC~
City Clerk
City Attorney
Director of Finance
Civic Center Commission Chairman
Report Author: Kit Kiser
#00-343
Roanoke City Council
Regular Agenda Report
June 5,2000
Honorable David A. Bowers, Mayor, and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
Subject:
Catering Management Services at the Roanoke Civic
Center
Background:
Fells Point Catering, Inc. is contracted through October 3, 2000 with the City of
Roanoke to provide catering management services at the Roanoke Civic Center.
The parties have mutually agreed that it is in the best interest of both parties to
terminate this agreement effective June 1, 2000.
Consideration:
Civic Center management is prepared to consolidate Civic Center catering
services into the in-house food & beverage division that now operates
concessions services. There will be a requirement to hire one additional full time
staff person in accordance with the City's pay and classification system. Net
revenues will increase sufficiently to recover costs for additional personnel and
product purchases.
The Civic Center Commission met in a special called meeting on May 23, 2000
to review this proposed action. Termination of this contract requires the approval
of City Council. The Amendment Terminating the Contract will be substantially
similar to the one attached to this report as Exhibit 1.
Recommended A~ion:
Civic Center Commission voted unanimously to recommend to Roanoke City
Council that Council terminate the Contract for Catering Management Services
with Fells Point Catering, Inc. dated October 4, 1999, with the effective
termination date June 1, 2000, substantially in accordance with the provisions in
the attached Contract Amendment and which may include the City's purchase of
Fells Point's smallwares inventory; authorize the City Manager to execute the
Amendment Terminating the Contract, authorize the City Manager to resolve any
issues concerning reconciliation of monies due for May 2000, in accordance with
the City Manager's authority to issue change orders or amendments to contracts;
and authorize employment of one additional full time staff person for the Civic
Center Food & Beverage division.
C~
City Clerk
City Attorney
Director of Finance
Director of Civic Facilities
Mark E. Feldmann, Chairman
Civic Center Commission
#00-343
AMENDMENT TERMINATING THE CONTRACT FOR
CATERING MANAGEMENT SERVICES
This Amendment Terminating the Contract for Catering Management Services (Amendment)
is dated June 1, 2000, by and between the City of Roanoke, Virginia, a municipal corporation
organized and existing under the laws of the Commonwealth of Virginia (City) and Fells Point
Catering, Inc., d/b/a Hightopps Catering (Management Company or Fells Point).
WITNESSETH:
WHEREAS, the parties entered into a Contract for Catering Management Services dated
October 4, 1999; and
WHEREAS, the parties believe that it is in the best interest of both parties to terminate the
said Contract as of June 1, 2000.
NOW, THEREFORE, in consideration of the mutual promises and covenants as contained
in the Contract and herein, the parties hereto agree as follows:
Section 1: TERMINATION OF CONTRACT,
The parties agree that the Contract for Catering Management Services between the parties dated
October 4, 1999 is terminated as of June 1, 2000.
Section 2: COMPENSATION.
Both parties agree that all monies due either of them for any services or items provided pursuant to
the Contract for all periods through May 31, 2000, have been paid in full and that neither party owes
the other any monies or other compensation of any type as of that date for any such services or items.
Section 3: PURCHASE OF SMALLWARES
Fells Point states that it owns the smallware inventory, free and clear of any and all claims, set forth
in Exhibit 1 attached hereto and made a part hereof. Fells Point further agrees to sell to the City and
the City may purchase the said smallwares inventory for a total price to be agreed upon by the
parties, provided said amount is within the authority of the City Manager for change orders or
amendments to contracts. If purchased, said purchase price will be paid to Fells Point on or before
June 30, 2000. If the parties cannot agree on a purchase price Fells Point will remove all such
smallwares inventory from the Facilities on or before June 30, 2000.
Section 4: OUTSTANDING INVOICES,
Fells Point agrees that all invoices for purchases or items it has made to meet the terms of the
Contract have been paid or will be paid by Fells Point on or before June 1, 2000, and that Fells Point
will hold the City harmless from and indemnify the City for any and all invoices or costs and
expenses associated therewith.
Section 5: REMOVAL OF EQUIPMENT,
Fells Point agrees and acknowledges that it has removed any and all of Fells Point's equipment from
the Facilities as of May 22, 2000, except for the smallwares inventory referred to in Section 3, and
that any and all remaining equipment belongs to and is the property of the City.
IN WITNESS WHEREOF, the parties have executed this Amendment by their authorized
representatives.
ATTEST:
CITY OF ROANOKE, VIRGINIA
By:
City Clerk City Manager
WITNESS:
FELLS POINT CATERING, INC.
D/B/A HIGHTOPPS CATERING
Printed Name:
By:
Printed Name:
Title:President
Approved as to Form:
City Attorney
Approved as to Execution:
City Attorney
SEAL
Seen and approved:
Assistant City Manager for Operations
Seen and Approved:
Chairman, Roanoke Civic Center Commission
Appropriation and Funds Required for
this Contract Certified
Director of Finance
Date Acct. #
2
Exhibit 1 to amendment terminating contract for catering management services.
HIGHTOPPS SMALLWARES INVENTORY
(1) Metro Cages
(2) Silk Ficus Trees
(11) 5 Gallon Coffee Urns
(3) 10 Cup Coffee Makers
(2) Electric Tea Pots
(2) Butane Stoves
(210) Water Pitchers
(147) Coffee Thermos
(4) Lg. Orange Igloo Beverage Coolers
(7) Lg. Cambro Beverage Coolers (Brown/Black)
(2) Lg. Red Coolers
(5) Knives (1 chef, 1 carving, 3 paring)
(1600) Forks (approx.)
(864) Dinner Knives (approx.)
(864) Spoons (approx.)
(864) Water Glasses (approx.)
(864) Wine Glasses (approx.)
(11) Serving Spoons (assorted metal)
(3) Serving Spoons (plastic)
(6) Hinged Tongs
(10) Serving Tongs (metal) (2 small, 8 large)
(7) Serving Tongs (plastic)
(2) Pots
(3) Pans
(39) Hotel Pans
(6) Chaffer Lids
(4) Chaffer Inserts
(8) Bus Tubs
(3) Round Silver Platters
(4) Rectangular Silver Platters
(2) Clay Flower Pot Bowls
(3) Lamps
(1) Silver Platter Rectangular
(3) Rubber Spatulas
(3) Pie Servers
(1) Juicer
(3) Wooden Cutting Boards
(4) Poly Cutting Boards
Mary F. Parker, CMC
City Clerk
CITY OF ROANOKE
Office of the City Clerk
June 11, 2000
File #24-429
Sandra H. Eakin
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 34824-060500 amending and reordaining §22.1-3,
Membership generally, of Chapter 22.1, Pensions and Retirement, Code of the City of
Roanoke (1979), as amended, by the addition of a new subsection (c4) providing for a new
window of opportunity during which members of the Employees' Retirement System may
transfer to the Employees' Supplemental Retirement System. The abovereferenced
measure was adopted by the Council of the City of Roanoke on first reading on Monday,
May 15, 2000, also adopted by Council on second reading on Monday, June 5, 2000, and
will be in full force and effect ten days following the date of its second reading.
Mary F. Parker, CMC
City Clerk
MFP:Io
Attachment
pc:
The Honorable Diane McQ. Strickland, Chief Judge, Twenty-Third Judicial Circuit
of Virginia
The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Roy B. Willett, Judge, Twenty-Third Judicial Circuit of Virginia
The Honorable Richard C. Pattisall, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of
Virginia
C:'aMyFiI~UNES.WPD
James D. Grisso
June 9, 2000
Page 2
pc:
The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia
The Honorable Julian H. Raney, Jr., Chief Judge, General District Court
The Honorable George W. Harris, Jr., Judge, General District Court
The Honorable Vincent A. Lilley, Judge, General District Court
The Honorable William D. Broadhurst, Judge, General District Court
The Honorable Jacqueline F. Ward Talevi, Judge, General District Court
The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic
Relations District Court
The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations
District Court
The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations
District Court
The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations
District Court
Evelyn Jefferson, Vice-President - Supplements, Municipal Code Corporation,
P. O. Box 2235, Tallahassee, Florida 32316
Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building,
Roanoke, Virginia 24011
Ronald S. Albright, Clerk, General District Court
Patsy A. Bussey, Clerk, Juvenile and Domestic Relations Distdct Court
Peggy B. Stewart, Office of the Magistrate
William M. Dowd, Principal, Slabaugh, Morgan, White and Associates, 7204 Glen
Forest Drive, Suite 304, Richmond, Virginia 23226
Darlene L. Burcham, City Manager
James D. Ritchie, Sr., Deputy City Manager
Kenneth S. Cronin, Director, Department of Human Resources
Joyce L. Sparks, Retirement Administrator, Department of Finance
C:~,lyFil ez'~GrNF.5.WP D
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of June, 2000.
No. 34824-060500.
AN ORDINANCE amending and reordaining §22.1-3, Membership generally, of Chapter
22.1, Pensions and Retirement, Code of the City of Roanoke (1979), as amended, by the addition of
a new subsection (c4) providing for a new window of oppommity during which members of the
Employees' Retirement System may transfer to the Employees' Supplemental Retirement System.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
Section 22.1-3, Membership generally, Chapter 22.1, Pensions and Retirement, Code of the
City of Roanoke (1979), as amended, is amended and reordained by the addition of a new subsection
(c4) as follows:
§22.1-3. Membership generally.
(c4) Members of the ERS who are employees of the City on July 1, 2000,
and who wish to transfer to the ESRS and cease participation in the ERS may do so
by properly completing and filing a Letter of Intent to Transfer between July 1,2000,
and July 31, 2000, inclusive. A member may revoke his Letter of Intent to Transfer
within .twenty-eight (28) days of its filing by making a written revocation request to
the Board of Trustees. Each Letter of Intent to Transfer must be made in writing on
forms supplied by the Board of Trustees and must be properly filed with the Board.
Unless a member revokes his Letter of Intent to Transfer within twenty-eight (28)
days at~er the date of its filing, the transfer shall be effective twenty-nine (29) days
after the date it is received by the Board of Trustees.
ATTEST:
City Clerk.
JAMES D. GRISSO
Director of Finance
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, S.W., Room 461
R O. Box 1220
Roanoke, Virginia 24006-1220
Telephone: (540) 853-2821
Fax: (540) 853-2940
'00 MAYIO P3:58
JESSE A. HALL
Deputy Director
May l5,2000
The Honorable David A. Bowers, Mayor
The Honorable C. Nelson Harris, Vice-Mayor
The Honorable W. Alvin Hudson, Jr., Council Member
The Honorable Carroll E. Swain, Council Member
The Honorable William White, Sr., Council Member
The Honorable Linda F. Wyatt, Council Member
Re: Portability_ of Retirement Benefits
Dear Mayor Bowers and Members of Council:
The 1994 session of the Virginia Acts of Assembly requested the Virginia Retirement
Systems {VRS) and the Association for Municipal Retirement Systems of Virginia
(AMRS) to study the portability of retirement benefits between the Commonwealth and
its political subdivisions. The following political subdivisions have established local
retirement plans in lieu of participating in VRS. These subdivisions are:
Cities of.'
Charlottesville
Danville
Falls Church
Newport News
Norfolk
Portsmouth
Richmond
Roanoke
Counties off
Arlington
Fairfax
Powhatan
Town off Farmville
Honorable Mayor and Members
of City Council
May 15, 2000
Page 2
The Portsmouth retirement system was closed to any new employees after July 1, 1995.
Powhatan and Farmville have defined contribution plans.
On December 18, 1995, City Council adopted Resolution No. 32792 authorizing the
concept of portability. The 1996 session of the Virginia Acts of Assembly approved
portability of service credit between the VRS and certain political subdivisions of the
Commonwealth having defined benefit plans (Section 51.1-143.1 and 51.1-801.1 of the
Code of Virginia, as amended).
Pension portability provides employees the opportunity to transfer their pension
benefits when they transfer from one Virginia government employer and go to another.
Major advantages of portability are:
· Recruiting;
· Encourage Job Opportunity Mobility;
· Provide more adequate retirement benefit, and;
· Reduce record maintenance and costs.
Portability of retirement benefits between the Commonwealth and its political
subdivisions is a benefit current employees have requested.
Portability issues that must be considered in transfer agreements are:
· Years of service may not transfer year for year;
· After assets are transferred, members agree to forfeit all rights to benefits
under original plan;
· Reciprocal agreements must be established with each system- potentially
ten agreements; and
· Each retirement system has different benefit structures and actuarial
assumptions.
The VRS currently has agreements with the Cities of Newport News, Richmond and
Danville. A draft reciprocal agreement between VRS and the City of Roanoke has been
prepared (Attachment A).
Honorable Mayor and Members
of City Council
May 15, 2000
Page 3
Each retirement system has different benefit structures and actuarial assumptions are
the reason years of service may not transfer year for year. These calculations permit
the transfer of assets and years of service to be 'cost neutral' to all retirement trust
funds.
We recommend that City Council approve portability and authorize the Board of
Trustees to approve portability agreements with other Virginia public retirement plans.
An ordinance to accomplish this is attached for your consideration.
Portability is recommended only for members of the Employees' Supplemental
Retirement System (ESRS). There are approximately 159 current City employees who
are members of the Employees' Retirement System (ERS), therefore, we recommend a
window of opportunity be available from July I through July 31 for those employees
to transfer to the ESRS. An ordinance to accomplish this is attached for your
consideration.
Respectfully submitted,
DLB/dDG:s
Attachments
rector of Finance
C.'
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
Joyce Sparks, Retirement Administrator
DRAFT
RECIPROCAL ASSET TRANSFER AND
PENSION PORTABILITY AGREEMENT
Attachment A
THIS AGREEMENT made this day of , 2000, by and
between the Board of Trustees of the Virginia Retirement System (the "VRS") and the Board of
Trustees of the City of Roanoke Pension Plan (RPP) (sometimes collectively referred to as the
"Plans"):
WHEREAS, the VRS is a contributory defined benefit pension plan maintained by the
Commonwealth of Virginia and participating employers defined in Va. Code 51.1-124.3. It is
intended to qualify under Internal Revenue Code 401(a) as applicable to governmental plans as
defined in IRC 414(d). The VRS provides benefits to members based on compensation and
"creditable service", as defined in the Plan, with any participating employer.
WHEREAS, RPP is a non-contributory defined benefit pension plan maintained by the
City of Roanoke, Virginia. It is intended to qualify under Internal Revenue Code 401(a) as
applicable to governmental plans as defined in IRC 414(d). RPP provides benefits to members
based on compensation and "creditable service", as defined in the Plan.
WHEREAS, neither of the Plans currently counts service with the other in determining
benefits and as a result an employee who transfers employment between entities covered by the
Plans will experience an erosion of retirement benefits due to the fact that all service is not taken
into account at the final and usually higher compensation levels.
WHEREAS, pension portability and preservation are needed to enhance each employer's
ability to attract a quality workforce; encourage greater regional cooperation; improve employer-
employee relations; improve job opportunities and mobility; and reduce retirement income loss
due to job mobility for a greater number of Virginia workers.
NOW THEREFORE, it is mutually agreed as follows:
1. Definitions. Except as otherwise provided herein or unless the context otherwise
requires, the definitions of capitalized terms herein shall have the meanings provided below.
(a) "Accepting Plan": The Plan in which an employee has become a Member
subsequent to service with an employer sponsoring or participating in the
Transferring Plan.
(b) "Code": The Internal Revenue Code of 1986 as the same may be amended
from time to time or the corresponding section of any subsequent Internal Revenue
Code.
(c) "Member": An individual entitled to earn or accrue a Retirement
Allowance under the Plan for which a determination is being made.
(d) "Plan": One of the parties to this Agreement.
(e)
"Present Value": The lump sum equivalent of the Retirement Allowance to
which the Member would be entitled under the Transferring Plan
determined using the actuarial factors and assumptions stated in the Plan
for determining lump sum benefit payments, if any. If no such factors are
stated in the Plan, the actuarial factors and assumptions stated in Appendix
A shall apply. If no such factors are stated in the Plan or in Appendix A,
the following Interest Rate and Mortality factors shall apply:
"Interest Rate" means the annual rate of interest on 30-year
Treasury securities, as published by the Secretary of the
Treasury for purposes of determining present values
pursuant to Section 417(e)(3)(A) of the Code as in effect
for the calendar month immediately preceding the first day
of the Plan Year in which the Actuarial Equivalent or Value
is determined.
OI)
"Mortality Table" means the mortality table in effect as of
the date on which an Actuarial Equivalent or Value is
determined, as prescribed by the Secretary of the Treasury
for purposes of determining present values pursuant to
Section 417(e)(3)(A) of the Code.
(0
"Retirement Allowance": The retirement payments to which a Member is
entitled under the Transferring Plan based on relevant factors (e.g.
compensation, service etc.) As of the last day of employment with the
sponsor or a participating employer.
(g) "Transferring Plan": The Plan under which the Member earned or accrued a
Retirement Allowance prior to becoming a Member of the Accepting Plan.
(h) "Transfer Effective Date": The transfer effective date is the date the assets
are transferred to the Accepting Plan.
2. Communication of Transfer Rights to Members. It shall be the responsibility of
the Transferring and Accepting Plans to fully and accurately communicate to Members their rights
provided hereunder, including the potential that an election to transfer assets in accordance with
this portability program may, under some circumstances, result in a reduced retirement benefit.
3. Transfer of Assets Upon Request of Member. At the request of a Member who
is 100% vested under the terms of the Transferring Plan, cash equal to the greater of 1) the
Present Value (determined as of the Transfer Effective Date) of such Member's Retirement
Allowance under the Transferring Plan, or 2) such Member's accumulated contributions (and
interest thereon as determined by the Transferring Plan determined as of the Transfer Effective
Date), if any, shall be transferred to the Accepting Plan. If RPP is the Accepting Plan, such a
request may only be made if the Member is 100% vested under the terms of the Accepting Plan or
if the member will become 100% vested as a result of the transfer. IfRPP is the Accepting Plan,
the request for the transfer may not be made later than 18 months after the Member becomes
100% vested in the Accepting Plan. If VRS is the Accepting Plan, the request must be made
within 18 months of becoming a Member of VRS without the restriction that the member must be
vested.
4. Service Credit Granted. Upon receipt of the assets transferred from the
Transferring Plan, the Accepting Plan shall grant service credit to the Member with respect to
whom assets are transferred for the purposes set forth in Appendix A to this Agreement. The
amount of service credit granted shall be determined based on the procedures and actuarial
assumptions set forth in Appendix A to this Agreement. Service credit to be granted for purposes
of determining whether the Member shall be vested under the Accepting Plan shall also be
determined in the manner set forth in Appendix A.
5. Circumstances under Which Portability Not Available. The transfer of the
Present Value of the Retirement Allowance (or, if applicable, the Member's accumulated
contributions) shall not be permitted if such Retirement Allowance (or, if applicable, accumulated
contribution account) is subject to any liens, levies, garnishments or other attachments of any
nature including a domestic relations order that has been determined to be qualified by the
Transferring Plan.
6. Revocation of Member's Request to Transfer Asset~. In no event shall assets
be transferred prior to the expiration of a fourteen (14) day period beginning on the date the
member first requests that assets be transferred to the Accepting Plan on his behalf. During such
fourteen (14) day period, the Member's request may be revoked. Upon the expiration of such
fourteen (14) day period, the Member's request shall become irrevocable.
7. Termination of Participant and Beneficiary Righ~_s~ The transfer of the Present
Value of the Retirement Allowance (or, if applicable, the Member's accumulated contributions)
terminates the member's membership and all rights and benefits in the Transferring Plan. The
distribution, beneficiary designation and other benefit payment provisions of the Transferring Plan
shall cease to apply effective as of the date the assets are released by the Transferring Plan.
Thereai~er, the Transferring Plan shall have no continuing duty or responsibility to the Member.
3
8. Transition Provisions Applicable to the Adoption of this Agreement. If a
request is made within eighteen (18) months following the execution of this Agreement, the Plans
shall permit existing Members who would have been eligible to request such a transfer of assets
had this Agreement been in effect at the time they became a Member (or, in the case of RPP, at
the time they became 100% vested) in the Accepting Plan to transfer assets in accordance with the
provisions of this Agreement.
9. Amendment and Termination of This Agreement. This Agreement may be
terminated at any time upon the written notice from either party to the other. This Agreement,
including the terms of Appendix A, may be modified at any time with the written consent of the
parties hereto. At least thirty (30) days prior to the effective date of such modification or
termination, written notice must be provided to members who may be affected by such
.modification or termination. No such modification or termination shall affect any transfer request
made prior to the effective date of such modification or termination.
IN WITNESS WHEREOF, the Virginia Retirement System and the Board of Trustees
of the City of Roanoke Pension Plan have caused their names to be signed and their seals affixed
hereto by their duly authorized representatives on the date(s) indicate below.
VIRGINIA RETIREMENT SYSTEM
Date: By:
Its
ATTEST:
Date:
ATTEST:
CITY OF ROANOKE PENSION PLAN
By:
Its
4
CITY OF ROANOKE PENSION PLAN (RPP)
VIRGlNIA RETIREMENT SYSTEM (VRS)
RECIPROCAL ASSET TRANSFER AND
PENSION PORTABILITY AGREEMENT
Appendix A
Purpose and Determination of
Service Credit to be Granted
A. PURPOSES FOR WHICH SERVICE CREDIT GRANTED:
Service credits determined under the Accepting Plan as equivalent to the value of assets
transferred from the Transferring Plan will be counted for all purposes under the Accepting Plan.
B. DETERMINATION OF SERVICE CREDIT:
1. AS TRANSFERRING PLAN:
The Transferring Plan will transfer an amount of assets equal to the actuarial present value of the
service retirement allowance which has been earned by the member. Such actuarial present value
shall be calculated as of the first of the month nearest to the transfer effective date using the
following actuarial assumptions:
Interest:
RI'P:
VP.S:
The assumed rate of interest used in the most recent actuarial valuation.
The investment return assumption determined under the experience study
last approved before the beginning of the fiscal year in which the transfer
effective date occurs.
Mortality:
The assumed mortality table used in the most recent actuarial valuation
blended to a unisex table based upon the following percentages of males
and females:
All Members
65% male
35% female
The mortality table assumed for non-disabled members determined under
the experience study last approved before the beginning of the fiscal year in
which the transfer effective date occurs, with the sex-distinct rates blended
to a unisex basis using the following percentages:
VRS and Participating Political Subdivisions
50% male
50% female
SPORS
Benefit Commencement Age:
80% male
20% female
RPP: ESRS
Age 65
ERS Age 60
Normal retirement date (VRS age 65;SPORS/LEO age 60;JRS age 65)
Cost of Living:
Not applicable.
A COLA will not be included in calculations for transfer effective date
prior to July 1, 2001. A COLA will be included in calculations with
transfer effective dates after July 1, 2001, provided the accepting plan
guarantees a COLA as part of the plan's provisions at the transfer effective
date. If a COLA is to be included, it will be assumed at the rate of increase
determined under the experience study last approved before the beginning
of the fiscal year in which the transfer effective date occurs.
6
Assets Transferred:
RPP & VRS:
The value of the assets to be transferred shall never exceed the greater of
the present value of the benefit based on the service credit to be converted
by the accepting plan, based on the actuarial assumptions and methods
used by the accepting plan and described in (2) below, and the transferring
member's accumulated member contributions.
2. AS ACCEPTING PLAN
The Accepting Plan will grant service credit based upon the assets being transferred using the
following formula:
RPP: (Assets transferred) / (unit benefit X actuarial equivalent factor)
VRS: (Assets transferred) / (unit benefit X actuarial equivalent factor)
The actuarial equivalent factors will be based on the assumptions with respect to interest,
investment return, mortality, benefit commencement age, salary increases, and cost of living
increases described below.
The following actuarial assumptions will be used to compute the service credit:
Unit benefit:
The percentage of projected average final salary, based on the assumptions
described below, for each year of service as defined by RPP in determining the
amount of service retirement allowance.
The percentage of current salary, projected to Benefit Commencement Age based
on the assumptions described below and averaged in accordance with the statute,
for each year of service as defined by VRS in determining the amount of service
retirement allowance with respect to periods of service before any service-related
change in the accrual rate.
Interest:
RPP: The assumed rate of interest used in the most recent actuarial valuation.
The investment return assumption determined under the experience study last
approved before the beginning of the fiscal year in which the transfer effective date
OCCURS.
7
Mortality:
RPP:
The assumed mortality table used in the most recent actuarial valuation blended to
a unisex table based upon the following percentages of males and females:
All Members
65% male
35% female
The mortality table assumed for non-disabled members determined under the
experience study last approved before the beginning of the fiscal year in which the
transfer effective date occurs, with the sex-distinct rates blended to a unisex basis
using the following percentages:
VRS and Participating Political Subdivisions
50% male
50% female
SPORS 80% male
20% female
Benefit Commencement Age:
RPP: ESRS Members Age 65
VRS: Earliest age eligible for unreduced retirement benefit
Cost of Living:
RPP: Not applicable.
VRS: The cost of the COLA will be reflected at the assumed rate of increase determined
under the experience study last approved before the beginning of the fiscal year in
which the transfer effective date occurs.
Salary Increases:
The current annual salary of the member will be projected at the rate assumed in
the most recent actuarial valuation to determine average final salary at the assumed
benefit commencement age.
Average final salary as defined by VRS projected at the ultimate rate determined
under the experience study last approved before the beginning of the fiscal year in
which the transfer effective date occurs
Purpose of Convened Service for Future Benefits:
RPP: .Convened service credit will be included in the definition of creditable service for
all purposes, unless prohibited by statute or law.
Members transferring assets to VRS may use the convened service toward Vesting
under VRS. However, the member will not be considered vested until he or she
has met the VRS vesting requirements, taking into account the convened service.
Convened service credit will be considered in establishing eligibility for the health
credit program and the amount of the credit determined under that program, where
permitted by statute;
Convened service, if rendered in a hazardous duty position, will be considered in
establishing eligibility for the SPORS/LEOS supplement, based on the assumption
that all service with the transferring plan is convened. The actuarial cost will be
considered in determining the amount of converted service for this type of
member;
Convened service credit will be included in the definition of creditable service for
all purposes, unless prohibited by statute.
3. SERVICE CREDIT FOR VESTING PURPOSES
The Service Credits determined by the Accepting Plan using the assumptions described above
shall be used toward vesting. IN NO CASE SHALL THE SERVICE CREDIT GRANTED
UNDER THE ACCEPTING PLAN BE GREATER THAN SERVICE CREDITED UNDER
THE TRANSFERRING PLAN.
4. ADDITIONAL ADMINISTRATIVE CONSIDERATIONS
Comparison of Membership Data: RPP will provide VKS with an electronic file of inactive, vested
Members in order that VP, S might identify VP, S members with RPP service.
Cost for additional calculations: VKS and RPP will provide an initial calculation, based on
information provided by the respective plans. The cost of any additional calculations (up to a
maximum of $50.00 per calculation) that must be made because of incomplete or incorrect data
will be charged to the plan that provided the incorrect or incomplete information.
10
Mary F. Parker, CMC
City Clerk
CITY OF ROANOKE
Office of the City Clerk
June 11,2000
File #24-429
Sandra H. Eakin
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 34825-060500 amending and reordaining Chapter
22.1, Pensions and Retirement, Code of the City of Roanoke (1979), as amended, by
amending {}22.1-11, Restoration of beneficiaries to membership, by the addition of a new
subsection (e) to provide an option to certain beneficiaries regarding pension benefits and
additional creditable service. The abovereferenced measure was adopted by the Council
of the City of Roanoke on first reading on Monday, May 15, 2000, also adopted by Council
on second reading on Monday, June 5, 2000, and will be in full force and effect on and
after July 1,2000.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:Io
Attachment
pc:
The Honorable Diane McQ. Strickland, Chief Judge, Twenty-Third Judicial Circuit
of Virginia
The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Roy B. Willett, Judge, Twenty-Third Judicial Circuit of Virginia
C :~VlyFile~dNES.WI~D
James D. Grisso
June 9, 2000
Page 2
pc:
The Honorable Richard
Virginia
The Honorable
Virginia
The Honorable
The Honorable
The Honorable
The Honorable
The Honorable
The Honorable
C. Pattisall, Judge, Twenty-Third Judicial Circuit of
Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of
Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia
Julian H. Raney, Jr., Chief Judge, General District Court
George W. Harris, Jr., Judge, General Distdct Court
Vincent A. Lilley, Judge, General District Court
William D. Broadhurst, Judge, General District Court
Jacqueline F. Ward Talevi, Judge, General District Court
The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic
Relations District Court
The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations
District Court
The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations
District Court
The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations
Distdct Court
Evelyn Jefferson, Vice-President - Supplements, Municipal Code Corporation,
P. O. Box 2235, Tallahassee, Florida 32316
Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building,
Roanoke, Virginia 24011
Ronald S. Albright, Clerk, General District Court
Patsy A. Bussey, Clerk, Juvenile and Domestic Relations Distdct Court
Peggy B. Stewart, Office of the Magistrate
William M. Dowd, Principal, Slabaugh, Morgan, White and Associates, 7204 Glen
Forest Ddve, Suite 304, Richmond, Virginia 23226
Dadene L. Burcham, City Manager
James D. Ritchie, Sr., Deputy City Manager
Kenneth S. Cronin, Director, Department of Human Resources
Joyce L. Sparks, Retirement Administrator, Department of Finance
C :~Myl~ilesklUNF~. WI~D
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of June, 2000.
No. 34825-060500.
AN ORDINANCE amending the Chapter 22.1, Pensions and Retirement, of the Code of the
City of Roanoke (1979), as amended, by amending §22.1-11, Restoration of beneficiaries to
membership, by the addition of a new subsection (e) to provide an option to certain beneficiaries
regarding pension benefits and additional creditable service; and providing for an effective date.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Chapter 22.1, Pensions and Retirement of the Code of the City of Roanoke (1979),
as amended, is hereby amended and reordained by the addition of a new subsection (e) to § 22.1-11,
Restoration of beneficiaries to service, which shall read and provide as follows:
§22.1-11. Restoration of beneficiaries to membership.
(e)
Should any beneficiary receiving a pension be elected a
member of City Council, such beneficiary may make an
irrevocable election to (i) discontinue receiving such pension
pursuant to the provisions of §22. l- 11 (b) above, and accrue
additional service credit for serving on City Council, or (ii)
continue to receive a pension, but forego the accrual of
additional service credit for serving on City Council.
2. This ordinance shall be in full force and effect on and after July 1, 2000.
ATTEST:
H: ~IEASURI:8 \ o - mmxe ~.. 2000
City Clerk.
WILLIAM M. HACKWORTH
CITY ATTORNEY
OFFICE OF CITY ATTORNEY
464 MUNICIPAL BUILDII~i
215 CHURCH AVENUE, SW" MAY
ROANOKE, VIRGINIA 24011-1595
TELEPHONE: 540-853-2431
FACSIMILE: 540-853-1221
E-MAIL: cityatty @ ci.roanoke.va.us
WILLIAM X PARSONS
STEVEN J. TALEVI
GARY E. TEGENKAMP
ALLEN T. WILSON
DAVID L. COLLINS
ASSISTANT CITY A'I'rORNEYS
May l5,2000
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Ci_ty of Roanoke Pension Plan
Dear Mayor Bowers and Members of Council:
As requested, I have prepared for your consideration the attached ordinance which
will allow beneficiaries of the City's retirement plan who are drawing a pension, and who
are elected to City Council to elect either to discontinue receiving such pension and to
accrue additional service credit, or to continue to receive the pension, but forego the accrual
of additional service credit. I have had this ordinance reviewed by Mays & Valentine, legal
advisors to the City's Pension Plan, and have been advised that this ordinance is consistent
with pension plan laws.
Please let me know if you have any questions about this matter.
With kindest personal regards, I am
Sincerely yours,
WMH:f
Attachment
cc: Darlene L. Burcham, City Manager
James D. Grisso, Director of Finance
Mary F. Parker, City Clerk
William M. Hackworth
City Attorney
H:\COUNCIL~l-hmpenelec. 1
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
June 11, 2000
File #51
SANDRA H. EAKIN
Deputy City Clerk
Mr. and Mrs. A. Dean Wilson
4970 North Spring Drive
Roanoke, Virginia 24019
Dear Mr. and Mrs. Wilson:
I am enclosing copy of Ordinance No. 34833-060500 rezoning a .034 acre tract of land
located at 4301-4305 Appleton Avenue, N. W., identified as Official Tax No. 6380108, from
RS-3, Residential Single-Family District, to C-2, General Commercial District, subject to
certain proffered conditions contained in the First Amended Petition filed in the City Clerk's
Office on March 30, 2000. The abovereferenced measure was adopted by the Council of
the City of Roanoke on first reading on Monday, May 15, 2000, also adopted by Council
on second reading on Monday, June 5, 2000, and will be in full force and effect ten days
following the date of its second reading.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:Io
Enclosure
pc:
Mr. and Mrs. Warren Gilbert, 2689 Gillhaven Drive, Roanoke, Virginia 24019
Mr. and Mrs. Lloyd Shifter, 1925 Peters Creek Road, N. W., Roanoke, Virginia
24017
Mr. and Mrs. Lawrence Kileiner, 133 27th Street, S. E., Roanoke, Virginia 24014
George C. Snead, Jr., Assistant City Manager for Community Development
Willard N. Claytor, Director, Real Estate Valuation
Evelyn S. Lander, Director, Department of Planning and Code Enforcement
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Acting Building Commissioner
Philip C. Schirmer, Acting City Engineer
Steven J. Talevi, Assistant City Attorney
Edward R. Tucker, City Planner
C:~4yFiles'JUNES. WPD
IN THE ~ouNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of June, 2000.
No. 34833-060500.
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as
amended, and Sheet No. 638, Sectional 1976 Zone Map, City of Roanoke, to rezone certain
property within the City, subject to certain conditions proffered by the applicant.
WHEREAS, A. Dean Wilson and Brenda P. Wilson, have made application to the
Council of the City of Roan'oke to have the hereinafter described property rezoned from RS-
3, Single Family Residential District, to C-2, General Commercial District, subject to certain
conditions proffered by the applicant; and
WHEREAS, the City Planning Commission, which after giving proper notice to all
concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and
after conducting a public hearing on the matter, has made its recommendation to Council;
and
WHEREAS, a public hearing was held by City Council on said application at its
meeting on May 15, 2000, after due and timely notice thereof as required by §36.1-693, Code
of the City of Roan6ke (1979), as amended, at which hearing all parties in interest and
citizens were given an opportunity to be heard, both for and against the proposed rezoning;
and
WHEREAS,-this Council, after considering the aforesaid application, the
recommendation made to the Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that
the hereinafter described property should be rezoned as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §36.1-
3, Code of the City of Roanoke (1979), as amended, and Sheet No. 638 of the Sectional 1976
Zone Map, City of Roanoke, be amended in the following particular and no other:
That certain strip of land located at 4301 - 4305 Appleton Avenue, N.W., and
designated on Sheet No. 638 of the Sectional 1976 Zone Map, City of Roanoke, as Official
Tax No. 6380108, be, and is hereby rezoned from RS-3, Single Family Residential District,
to C-2, General Commercial District, subject to the proffers contained in the First Amended
Petition filed in the Office of the City Clerk on March 30, 2000, and that Sheet No.638 of the
Zone Map be changed in this respect.
ATTEST:
City Clerk.
H: \0 RD-R. EZ~O-Rez- Wilson- 5- I S-O0
Roanoke City Department of Planning
and Community Development
Room 166, Municipa! Building
215 Church Avenue, S,W.
Roanoke, Virginia 24011
(540) 853-2344 (Fax) 853-1230
Roanoke City Council
Regular Agenda Report
May 15, 2000
The Honorable David A. Bowers and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
Subject:
Request from A. Dean and Brenda P. Wilson that a .034 acre tract of
land located at 4301-4305 Appleton Avenue, N. W., Official Tax No.
6380108, be rezoned from RS-3, Single Family Residential District to
C-2, General Commercial District, such rezoning to be subject to certain
conditions proffered by the petitioner
Background:
Subject property is a small strip of land, annexed from Roanoke County and used with the
adjacent office development (Tax No. 6380107). Initially it was proposed to be used in
conjunction with adjacent school property, zoned RS-3, but was never developed as such.
Since that time the zoning has remained residential, but the property transferred with the
adjacent commercial property. Property owner became aware of the zoning classification
when he requested the placement of a sign for the commercial offices.
Property owner initially approached the Board of Zoning Appeals for an appeal of the Zoning
Administrator's opinion to permit the placement of a sign on the residentially zoned property,
but the Board upheld the decision of the Zoning Administrator and advised that it did not have
the authority to grant the sign.
First Amended Petition to rezone the property provides for the following proffered conditions:
(1) The property shall not be used for outdoor advertising, (2)Tax parcel number 6380108
will be combined with tax parcel number 6380107 prior to issuance of any building or zoning
permit.
Planning Commission public hearing was held on April 19, 2000. Mr. Dean Wilson, owner,
presented his request to the Commission. No one spoke in opposition to the request.
Considerations:
Land use of the subject property is vacant land that is associated with adjacent office
development already zoned C-2. Property is located on Appleton Avenue, just east of
1
Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals
commercially developed Peters Creek Road. A school is located to the east of the property.
The property owner proposes to combine the subject parcel with the office parcel and locate
a new sign for the commercial offices on the strip of land.
Zoning of the area is C-2, General Commercial District, toward Peters Creek Road and RS-3,
Residential Single Family District, toward the residential neighborhood.
There are expected to be no traffic or commercial development effects on the adjacent
residential area from the proposed rezoning. There is no established neighborhood
organization for this area.
Comprehensive Plan recommends that development of commercial areas should be carefully
planned and designed to promote quality development and good land use. Proposed
rezoning of subject property would be consistent with existing land uses in the area.
Recommendation:
Planning Commission, by a vote of 7-0, recommends that the subject property be rezoned
from RS-3 to C-2, subject to the proffered conditions. Rezoning the small strip of land is
reasonable and will have no adverse effect on the adjacent residential area.
Respectfully submitted,
Melvin L. Hill, Chairman
Roanoke City Planning Commission
Attachments
CC;
Darlene Burcham, City Manager
Steve Talevi, Assistant City Attorney
A. Dean Wilson, Petitioner
Report Author: Evelyn S. Lander
2
IN RE:
Cl.r'.~ , .- . ~..
FIRST AMENDED
PETITION TO REZONE '00 ~r.~ .~0 ~
IN THE COUNCIL OF THE CITY OF ROANOKE, ViRGiNIS~ p 1 .5'?
Rezonmg of a strip of land lying at 4301 - 4305 Appleton Ave. NW official tax no.
6380108, from RS-3, Single Family Residential to C-2 District, General Commercial District,
subject to certain proffered conditions.
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE
CITY OF ROANOKE:
The Petitioner, A. Dean and Brenda P. Wilson, own land in the city of Roanoke
containing .034 acres, more or less, located 4301 - 4305 Appleton Avenue, official tax no.
6380108. Said tract is currently zoned RS-3, Single Family Residential District. A map of
the property to be rezoned is attached as Exhibit #1.
Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the
Petitioner requests that the said property be rezoned from RS-3, Single Family Residential
District, to C-2, General Commercial Distticl; subject to proffered conditions, for the
purpose of combining the lot beating official tax no. 6380108 with official tax no. 6380107
for commerci_~_] rise.
If the subject property is rezoned the petifioner~ agree to the following conditions
that are voluntarily proffered:
1. The property shall not be used for outdoor adverd~in~
2. Tax parcel number 6380108 will be combined with tax parcel number 6380107
prior to the issuance of any building or zoning permit.
The Petitioner believes the rezoning of the said tract of land will further the intent
and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will
permit a small piece of residential property to be used for comrn~t::~l pl~poses ill
conjunction with the adjacent commerci~ lot.
Attached a~ Exhibit 2 are the names, addt-e~es and tax numbers of the owner or
owne~ of all lot~ or prope~ immediately adjacent to immediately at. ss a street or road
from the property to be rezoued.
WHEREFORE, the Petitioner requests that the above described tract be rezoned as
requested in accordance with the provisions of the Zoning Ordinance of the City of
Roanoke.
Respectfully submitted thlu 2~'day of .~,.~/~ 2000.
Respectfully submitted,
By: A. Dean and Brenda P. Wilson, owners
4970 North Spring Dr.
Roanoke, VA 24019
(540) 562-1758
A. Dean Wilson, o~ner
Brenda P. Wilson,
LISTING OF ADJOINING PROPERTY OWNERS
Exh~bi~ 2
Oftlcial T~x No__
6380 ! 07
6380209
6380104
6380119
A. Dean and Brenda p. Wilson
Warren and Hassie Gilbert
Lloyd D. Shifter
Lawrence Kileiner
4301 Appleton Ave.
Roanoke, VA 24017
2689 Gilhaven Dr.
Roanoke, VA 24019
1925 Peters Creek Rd.
Roanoke, VA 24017
133 27th St. S.E.
Roanoke, VA 24014
NOFE3:
1. THIS PLAT WAS PREPARED WI-NOUT BENEF'~T OF A TITLE REPORT
IS SUBJECT ~ERETO. THEREFORE, THERE MAY EXIST ENCUMBRANCES
~ICH AFFECT ~E PROPER~ NOT SHOWN HEREON.
2. THE SUBJECT PROPER~ IS ~THIN THE LIMITS OF FLOOD ZONE
"X" , AS SHO~ ON ~E FEMA FLOO0 iNSURANCE RATE MAP. THIS
OE~RMINADON IS BASED ON SAID MAP ANO HAS NOT BEEN VERIFIED
BY AC~AL FIELD EL~VADONS.
3. ~1~ PLAT WAS PREPARED IN ACCORDANCE ~ REQUIREMENTS
SET FOR~ BY ~E COMMONWEALTH OF ~RGINIA FOR PHYSICAL
IMPROVeMeNT SURVEYS.
LEGEND:
MB.L.= MINIMUM BUILDING LINE
P.U.E.= PUBLIC UDU~ EASEMENT
N~F= NOW OR FORMERLY
OHW- OVERHEAD WIRE
WM-, WAllER METER
CONC= CONCRETE
S.S.E.I SANITARY
EASEMENT
CONC=, CONCRETE
W.L.E.=. WATER lINE
EASEMENT
$£T
EA~ 1.0'
EAST OF
LJNE
ADJACENT BUll. DING
0.2' W~ST OF UN~
N~F PROPERI'Y OF
DAVID NEWL~J.
TAX NO 658-010~ ~
O.W CCNC WAI. L'"
PK
NAIL
N~F PROPERTY OF
NOEL E. SPENCER ET UX
TAX NO 658-0104.
7'05' E
g8.74'
80.1'
STORy 8RICX BUILDING
80.01'
PAVED PARKING
PART
4-.- ACRE
TAX NO
6.18-0107~
34.74'
N 85'4,2'15'
PIN
30O'+ TO
~Lrl~S
R~
12' ~UE.
12' WL.E.
0.B. 1470 PG.
FREEZER ON
CONC PAD
ACRE:
TAX NO 6.38-0108
O.B. g83 PG. 4.5
N\F PROPER'P( OF
LAWRENCE L
KLEINER ET UX
TAX NO 038-011g
PIN
APPLETON
60' WIDE ....
A. DEAN
IrOAL RFJr[R~
AVENUE, N.W. '"
PAV~IdENT
R - 210.00'
L = 62.94'
CH- N 77'07'0,5 1/2" W
62.70'
SURVEY FOR
&: BRENDA P. WILSON
O.m. glO I~. 4.10
O.B. $&3 PG. ,~ SHOWING THE EAST PART OF PARCEL 'A". 0.264 ACRE
UA~ ~ REVISED MAP OF WEST VIEW TERRACE
O.S. gto ~ 413 ~ P,B. 4, PG. 10
EA~I:)4~NT ~ ANO,\A AJOINING 0.054 ACRE: PARCEL
0.~. 1470 ~ 1Sg~ ROANOKE, VIRGINIA
658-0107
TAX ~ 658-0108
N.B. RR 3 0RAWN ,,0321
CALC. CHK'O aTP
~LOSED: ~
"2"
R m 210.00'
L - 12.87'
CH- N 66'4.6'4.6" W
12.87°
I SCALE: 1"= 30'
ATE: 21 OCT ,1999
_ 4.963t
I W.O.[ g9-I088
CONDITIONAl
RE-ZONED aY ORD.
R$-:5 to C2
Ad
%
I
~.~o10/
~38o/o4
·
8
.941Ac.
t L~% ~""~ ,,m~ I N01=~: PA~T OF SEC. 4
' \~J / ] W~ VIEW
-- ' ~ L~ ' / VACATED BY ROAt
~ ~ / ~ COUNTY "O'"D C
PROPOSED ZONI
to
340. s4
NEd H, RCEL &
G38011g
4,381
0. gZO Ac
G$80118
;.20'¥ A
:%/.
//
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication The Roanoke Times
WILSON, A. DEAN
4970 N SPRING DR
ROANOKE VA 24019
REFERENCE: 80038347
01405930 NOTICE OF PUBLIC HE
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Virginia.
Sworn and subscribed before me this /~ ~ day
of May 2000. Witness my hand and official seal.
~_~~'~ -/ ' , Notary Public
My commission expires~ '
PUBLISHED ON: 04/27 05/04
NOTICE OF PUBUC HEARING
TO WHOM IT MAY CONCER~:
Pursuant t°the proV~lons of
Article VII of Chapter 36.1,
(19794 as amended, the Coun-
cil of the City of Roanoke Mil
hold a Public Headnig on Mon-
day, May 15, 2iX)O, at 7:00
p.m., in the Council Chamber in
the Municipal Buildle~ 215
Church Av~lue, S.W., on the
question of rezoning from
RS-3, Single Fmldly Re~klentlal
DlstTfct, to C-2, General Corn-
property.
That certain strip of lanri
located st 4301- 4305 Apple-.
ton Avenue, N.W., and bearing
Of Relel Tax No. 6380108, sub-
ject to certain proffered
A copy of this propo~d i$ avail-
able for public Inspection In the
456, MunleipM BniMIng. All
parties in interest *may appear
on the ~ ~ and be
GIVEN und~ my ~mnd this 271~
day of Ap~I, 2000.
Mary F. Parker, C~y Clerk
(1405930)
TOTAL COST:~ 139.86
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke
(1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on
Monday, May 15, 2000, at 7:00 p.m., in the Council Chamber in the Municipal Building, 215
Church Avenue, S.W., on the question of rezoning from RS-3, Single Family Residential
District, to C-2, General Commercial District, the following property:
That certain strip of land located at 4301- 4305 Appleton Avenue, N.W., and
bearing Official Tax No. 6380108, subject to certain proffered conditions.
A copy of this proposal is available for public inspection in the Office of the City
Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date
and be heard on the question.
GIVEN under my hand this 27th day of April ,2000.
Mary F. Parker, City Clerk.
H:~qOTICELN-Wilson-5-15-00
MARY E PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
May 3, 2000
File #51
SANDRA H. EAKIN
Dcpuly City Clerk
Mr. and Mrs. A. Dean Wilson
4970 North Spring Drive
Roanoke, Virginia 24019
Dear Mr. and Mrs. Wilson:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, May
15, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke
City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., on your
request that a .034 acre tract of land located at 4301 - 4305 Appleton Avenue, N. W.,
identified as Official Tax No. 6380108, be rezoned from RS-3, Residential Single-Family
District, to C-2, General Commercial District, subject to certain conditions proffered by the
petitioners.
For your information, I am enclosing copy of a notice of the public hearing, an Ordinance,
and a report of the City Planning Commission. Please review the documents and if you
have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 853-2431.
Questions with regard to the City Planning Commission report should be directed to the
Department of Planning and Code Enforcement at 853-2344.
It will be necessary for you, or your representative, to be present at the May 15
public hearing. Failure to appear could result in a deferral of the matter until a later
date.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:Io
Enclosure
MARY E PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
April 26, 2000
File #51
Mr. and Mrs. Warren Gilbert
2689 Gilhaven Drive, N. W.
Roanoke, Virginia 24019
Mr. and Mrs. Lloyd Shifter
1925 Peters Creek Road, N. W.
Roanoke, Virginia 24017
Mr. and Mrs. Lawrence Kileiner
133 27"~ Street, S. E.
Roanoke, Virginia 24014
Ladies and Gentlemen:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, May
15, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke
City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., on the
request of Mr. and Mrs. A. Dean Wilson that a .034 acre tract of land located at 4301 -
4305 Appleton Avenue, N. W., identified as Official Tax No. 6380108, be rezoned from
RS-3, Residential Single-Family District, to C-2, General Commercial District, subject to
certain conditions proffered by the petitoner.
The City Planning Commission is recommending approval of the abovedescribed request
for rezoning, subject to the proffered conditions. Please call the City Clerk's Office at 853-
2541 if you would like to receive a copy of the report.
This letter is provided for your information as an interested property owner and/or adjoining
property owner. If you have questions with regard to the matter, please call the
Department of Planning and Code Enforcement at 853-2344.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:Io
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 - 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
March 31, 2000
File #51
SANDRA H. EAKIN
Deputy City Clerk
Melvin L. Hill, Chair
City Planning Commission
2545 Marr Street, N. W., #15F
Roanoke, Virginia 24012
Dear Mr. Hill:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended,
I am enclosing copy of a First Amended Petition received in the City Clerk's Office on
March 30, 2000, from A. Dean and Brenda P. Wilson, requesting that a .034 acre tract of
land located at 4301 - 4305 Appleton Avenue, N. W., identified as Official Tax No.
6380108, be rezoned from RS-3, Residential Single-Family District, to C-2, General
Commercial District, subject to certain proffered conditions.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:Io
Enclosure
pc:
The Honorable Mayor and Members of the Roanoke City Council
Mr. and Mrs. A. Dean Wilson, 4970 North Spring Ddve, Roanoke, Virginia 24019
Willard N. Claytor, Director, Real Estate Valuation
Evelyn S. Lander, Chief, Planning and Community Development
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Acting Building Commissioner
Charles M. Huffine, City Engineer
Steven J. Talevi, Assistant City Attorney
Edward R. Tucker, City Planner
H:'d~.ZONING.98~centr~.wpd
IN RE:
CtT¥ C ......
FIRST AMENDED
PETITION TO REZONE '00 ~[~ 30 P l :59
IN TI-IE COUNCIL OF CITY OF ROANOKE, VIRGINIA
Rezoning ufa strip of land lying at 4301 - 4305 Appleton Ave. NW official tax no.
6380108, from RS-3, Single Family Residential to C-2 District, General Commercial District,
subject to certain proffered conditions.
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE
CITY OF ROANOKE:
The Petitioner, A. Dean and Brenda P. Wilson, own land in the city of Roanoke
containing .034 acres, more or less, located 4301 - 4305 Appleton Avenue, official tax no.
6380108. Said tract is currently zoned RS-3, Single Family Residential District. A map of
the property to be rezoned is attached as Exhibit #1.
Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the
Petitioner requests that the said property be rezoned from RS-3, Single Family Residential
District, to C-2, General Commercial District, subject to proffered conditions, for the
purpose of combining the lot bearing official tax no. 6380108 with official tax no. 6380107
for commercial use.
If the subject property is rezoned the petitioners agree to the following conditions
that are voluntarily proffered:
1. The property shall not be used for outdoor advertising.
2. Tax parcel number 6380108 will be combined with tax parcel number 6380107
prior to the issuance of any building or zoning permit.
The Petitioner believes the rezoning of the said tract of land will further the intent
and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will
permit a small piece of residential property to be used for commercial purposes in
conjunction with the adjacent commercial lot.
Attached as Exhibit 2 are the names, addresses and tax numbers of the owner or
owners of all lots or property immediately adjacent to immediately across a street or road
from the property to be rezoned.
WHEREFORE, the Petitioner requests that the above described tract be rezoned as
requested in accordance with the provisions of the Zoning Ordinance of the City of
Roanoke.
Respectfully submitted this 3~'-day of .5~/r-,,~ 2000.
Respectfully submitted,
By: A. Dean and Brenda P. Wilson, owners
4970 North Spring Dr.
Roanoke, VA 24019
(540) 562-1758
A. Dean Wilson, owner
Brenda P. Wilson, owner
LISTING OF ADJOINING PROPERTY OWNERS
Exhibit 2
Official Tax No.
6380107
6380209
6380104
6380119
Name
A. Dean and Brenda P. Wilson
Warren and Hassle Gilbert
Lloyd D. Shifter
Lawrence Kileiner
Mailing Address
4301 Appleton Ave.
Roanoke, VA 24017
2689 Gilhaven Dr.
Roanoke, VA 24019
1925 Peters Creek Rd.
Roanoke, VA 24017
133 27th St. S.E.
Roanoke, VA 24014
1, THIS PLAT WAS PREPARED WITHOUT BENEFIT OF A TITLE REPORT AND
IS SUBJECT THERETO, THEREFORE, THERE MAY EXIST ENCUMBRANCES
WHICH AFFECT THE PROPERTY NOT SHOWN HEREON.
2. THE SUBdECT PROPERTY IS WITHIN THE LIMITS OF FLOOD ZONE
"X" AS SHOWN ON THE FEMA FLOOD INSURANCE RATE MAP. THIS
DETERMINATION IS BASED ON SAID MAP AND HAS NOT BEEN VERIFIED
BY ACTUAL FIELD ELEVATIONS.
3. THIS PLAT WAS PREPARED IN ACCORDANCE WITH REQUIREMENTS
SET FORTH BY THE COMMONWEALTH OF VIRGINIA FOR PHYSICAL
IMPROVEMENT SURVEYS.
LEGEND: \
M.B.L.= MINIMUM BUILDING LINE
P.U,E.= PUBLIC UTILITY EASEMENT
N~F= NOW OR FORMERLY
OHW= OVERHEAD WIRE
WM= WATER METER
CONC= CONCRETE P~lq
SET
S.S.E.= SANITARY
EASEMENT
CONC= CONCRETE
W.L.E,= WATER LINE
EASEMENT
EA'VE 1.0'
EAST OF
UNE
ADJACENT BUILDING
0.2' WEST OF UNE
N~F PROPERTY OF
NOEL E. SPENCER ET UX
TAX NO 638-0104
S 81'37'05" E
98.74'
80.1'
I STORY BRICK BUILDING
//4301
80.01'
3.2' EAST PART
PAVED PARKING
~'-- ACRE
TAX NO
34. 74' N~C
N 85'42'15' W
OLD
PIN
~638-0107~
N~F PROPERTY OF
DAVID NEWELL
TAX NO 6`38-0 06
·
0.7° CONC WALL'-
~,sdTH UNK FENCE Z
ON TOP
PK
NAIL
300'+ TO
PETERS
CREEK RD.
RTE 117
0.8. 1470 PG.
FREEZER ON
CONC PAD
ACRE
TAX NO 6.38-0108
D.B. 983 PO. 45
O3
N~F PROPERTY OF
LAWRENCE I.
KLEINER ET UX
TAX NO 6`38-0119
OLD
PIN L~.
APPLETON
60'. WIDE
A. DEAN
AVENUE TACK
, N.W. '"
PAVEMENT
L = 62,94' R = 210.00'
CH= N 77"07'05 1/2" W L = 12.87'
62.70' CH= N 66'46'46" W
12.87'
SURVEY FOR
&: BRENDA P. WILSON
LEOAL REFERENCE:
D.a. 910 PG. 410
0.B. 983 PC. 45 SHOWING THE EAST PART OF PARCEL "A", 0.264 ACRE
MAP REFERENCE: REVISED MAP OF WEST VIEW TERRACE
D.B. 910 PG, 4-13 \, P.B. 4, PG. 10
EASEMENT REFERENCE: AND,A AJOINING 0.034 ACRE PARCEL
0.8. 1470 PG. 1595 \' ROANOKE, VIRGINIA
6,38-0107
TAX # 638-0108 ] I SCALE: 1"= 50'
N.B. RR 3 DRAWN ~¢21 ~ TPP&$ t. P. ~,~. ,- SON i DATE:' ~.10Cf--
CALC, CHK'D JTP J~ ENOiNi=.iF. RS ere Bo~d,~v-rd J D- 496.31
SURVEYORS Po~t Office Box S9
CLOS,,ED:
!
LISTING OF ADJOINING PROPERTY OWNERS
Exhibit 2
Official Tax NO_
6380107
6380209
6380104
6380119
A. Dean and Brenda P. Wilson
Warren and Hassie Gilbert
Lloyd D. Shifter
Lawrence Kileiner
Mailin~ Addres~
4301 Appleton Ave.
Roanoke, VA 24017
2689 Gilhaven Dr.
Roanoke, VA 24019
1925 Peters Creek Rd.
Roanoke, VA 24017
133 27th St. S.E.
Roanoke, VA 24014
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA ~[ C[I'q E [~
PERTAINING TO THE REZONING REQUEST OF:
'00 P~R 28 Pt2:37
Dean and Brenda Wilson, 4301/05 Appleton Avenue, NW, Official Tax )
No. 6380108, from RS-3 to C-2 )AFFIDAVIT
COMMONWEALTH OF VIRGINIA )
) TO-WIT:
CITY OF ROANOKE )
The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the
Roanoke City Planning Commission, and as such is competent to make this affidavit of her own
personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code
of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she
has sent by first-class mail on the 27th day of March, 2000, notices of a public hearing to be held on
the 19th day of April, 2000, on the rezoning request captioned above to the owner or agent of the
parcels listed below at their last known address:
Parcel
6380107
6380209
6380104
6380119
Owner's Name
Petitioner
Warren and Hassie Gilbert
Lloyd and Kathy Shiffer
Lawrence and Judith Kileiner
Martha Pace Franklin
Mailing Address
2689 Gilhaven Drive
Roanoke, VA 24019
1925 Peters Creek Road
Roanoke, VA 24017
133 27th Street, SE
Roanoke, VA 24014
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia,
this 27th day of March, 2000.
My Commission expires:
Notary Public
NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITX~PL~G
COMMISSION
TO WHOM IT MAY CONCERN: '00 M~R 28 ~2:35
The Roanoke City Planning Commission will hold a public heating on Wednesday,
April 19, 2000, 7:00 p.m. or as soon as the matter may be heard, in the City Council Chamber,
fourth floor, Municipal Building, 215 Church Avenue, S.W., on the following:
Request from A. Dean and Brenda P. Wilson that a .034 acre tract of land located at 4301-
4305 Appleton Avenue, N.W., Official Tax No. 6380108, be rezoned from RS-3, Single
Family Residential District, to C-2, General Commercial District.
A copy of said application is available for review in the Department of Planning and
Community Development, Room 166, Municipal Building.
All parties in interest and citizens may appear on the above date and be heard on the matter.
Martha P. Franklin, Secretary
Roanoke City Planning Commission
Please print in newspaper on Tuesday, April 4, 2000 and April 11, 2000
Please bill and send affidavit of publication to:
Department of Planning and Community Development
Room 166, Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011 (540) 853-1230 (fax)
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2401 l- 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
February 28, 2000
File #51
SANDRA H. EAKIN
Deputy City Clerk
Melvin L. Hill, Chair
City Planning Commission
2545 Marr Street, N. W., #15F
Roanoke, Virginia 24012
Dear Mr. Hill:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended,
I am enclosing copy of a petition received in the City Clerk's Office on February 24, 2000,
from A. Dean and Brenda P. Wilson, requesting that a .034 acre tract of land located at
4301 - 4305 Appleton Avenue, N. W., identified as Official Tax No. 6380108, be rezoned
from RS-3, Residential Single-Family District, to C-2, General Commercial District.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:Io
Enclosure
pc:
The Honorable Mayor and Members of the Roanoke City Council
Evelyn S. Lander, Chief, Planning and Community Development
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Acting Building Commissioner
Chades M. Huffine, City Engineer
Steven J. Talevi, Assistant City Attorney
Edward R. Tucker, City Planner
H:\REZONING.98\centre.wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W.. Room 456
Roanoke, Virginia 2401 I- 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
June 11,2000
File #51
SANDRA H. EAKIN
Deputy City Clerk
Daniel F. Layman, Jr., Attorney
Woods, Rogers & Hazlegrove, P. L. C.
P. O. Box 14125
Roanoke, Virginia 24038-4125
Dear Mr. Layman:
I am enclosing copy of Ordinance No. 34834-060500 rezoning a tract of land located on
the north side of Franklin Road, S. W., identified as Official Tax No. 1280602, from LM,
Light Manufacturing District, to C-2, General Commercial District, subject to certain
proffered conditions contained in an Amended Petition filed in the City Clerk's Office on
April 12, 2000. The abovereferenced measure was adopted by the Council of the City of
Roanoke on first reading on Monday, May 15, 2000, also adopted by Council on second
reading on Monday, June 5, 2000, and will be in full force and effect ten days following the
date of its second reading.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:Io
Enclosure
pc:
Mr. and Mrs. Chades B. Helms, 2952 Roberts Road, S. W., Roanoke, Virginia
24014
Ms. Jean W. Brookman, 2938 Roberts Road, S. W., Roanoke, Virginia 24014
Mr. Harry A. Hatter, 2934 Roberts Road, S. W., Roanoke, Virginia 24014
Mr. and Mrs. Joseph H. Thurman, 30 N. Main Street, Rocky Mount, Virginia 24151
Ms. Hester King Beckner, 2918 Roberts Road, S. W., Roanoke, Virginia 24014
Mr. Horace Fralin, LLC, et al., P. O. Box 20069, Roanoke, Virginia 24018
TCB Associates, LLP, 2580 Broadway, S. W., Roanoke, Virginia 24014
C:LMyFile~IUNE~.WPD
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of June, 2000.
No. 34834-060500.
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as
amended, and Sheet No. 128, Sectional 1976 Zone Map, City of Roanoke, to rezone certain
property within the City, subject to certain conditions proffered by the applicant.
WHEREAS, Consultants in Cardiology Services, Inc., has made application to the
Council of the City of Roanoke to have the hereinafter described property ?ezoned from LM,
Light Manufacturing District, to C-2, General Commercial District, subject to certain
conditions proffered by the applicant; and
WHEREAS, the City Planning Commission, which after giving proper notice to all
concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and
after conducting a public heating on the matter, has made its recommendation to Council;
and
WHEREAS, a public hearing was held by City Council on said application at its
meeting on May 15, 2000, after due and timely notice thereof as required by §36.1-693, Code
of the City of Roan6ke (1979), as amended, at which hearing all parties in interest and
citizens were given an opportunity to be heard, both for and against the proposed rezoning;
and
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to the Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that
the hereinafter described property should be rezoned as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §36.1-
3, Code of the City of Roanoke (1979), as amended, and Sheet No. 128 of the Sectional 1976
Zone Map, City of Roanoke, be amended in the following particular and no other:
That certain tract of land located on the north side of Franklin Road, S.W., at its
intersection with Roberts Road, and designated on Sheet No. 128 of the Sectional 1976 Zone
Map, City of Roanoke, as Official Tax No. 1280602, be, and is hereby rezoned from LM,
Light Manufacturing District, to C-2, General Commercial District, subject to the proffers
contained in the Amended Petition filed in the Office of the City Clerk on April 12, 2000,
and that Sheet No. 128 of the Zone Map be changed in this respect.
ATTEST:
City Clerk.
H:\ORD-REZ\O-Rez-Consult. Cardiology.5.15-00
Roanoke City Council
Regular Agenda Report
May 15, 2000
Roanoke City Department of Planning
and Community Development
Room 166, Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
(540) 853-2344 (Fax) 853-1230
The Honorable David A. Bowers, Mayor, and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
Subject:
Request from Daniel F. Layman, attorney, representing
Consultants in Cardiology Services, Inc., requesting that a tract of
land located on the north side of Franklin Road, S.W., identified as
Official Tax No. 1280602, be rezoned from LM, Light Manufacturing
District, to C-2, General Commercial District, such rezoning to be
subject to certain conditions proffered by the petitioner.
Background:
The tract in question is currently being used as a retail supply and shipping site by
Moore's Lumber and Building Supplies. The petitioner proposes to use the site as a
medical facilities complex consisting of medical clinics, offices, laboratories and related
retail and medical service establishments.
Amended Petition to Rezone was filed on April 12, 2000. The petition proffered the
following conditions: (1) The property will not be used for any of the following uses,
even though such use may be permitted by the C-2 zoning district regulations: theaters,
exhibition halls and similar facilities, outdoor recreational facilities, funeral homes,
restaurants, hotels, motels and inns, open air markets, food stores, neighborhood and
highway convenience stores, outdoor advertising, gas stations, establishments
engaged in the sale or rental of automobiles, trucks, or construction equipment, auto
accessory sales, auto cleaning facilities, auto repair establishments, bus terminals,
veterinary clinics, kennels, or plan nurseries and greenhouses. (2) Tractor-trailer trucks
will not be permitted to enter the property from Roberts Road, but will be required to
enter directly from Franklin Road. (3) The existing buffering/screening areas along the
northern and western boundaries of the property shall be maintained in substantially
their present configuration and condition
Planning Commission public hearing was held on April 19, 2000. Mr. Layman
presented his request to the Commission. No one spoke in opposition to the request.
Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals
Considerations:
Land Uses surrounding the subject area are mostly commercial with the exception of a
residential neighborhood adjacent to the proposed development located on Roberts
Road. Existing trees and landscaping provide adequate buffering between the
proposed development and residential neighborhood on Roberts Road.
Traffic impacts from the proposed development will result in increased traffic. The
projections calculated by the petitioner estimate 2,594 trips per day assuming that the
two additional buildings in the rear of the site are used as specialty care facilities. If all
three buildings are used as primary care facilities, the projections estimate 4,250 trips
per day. According to the City's Traffic Engineer, Franklin Road has the capacity to
handle the additional traffic that would be generated by this site.
A Neighborhood Organization does not exist in the area.
The Comprehensive Plan recommends that commercial growth and development
should be encouraged through public and private actions to ensure a strong and
diversified economic base and employment opportunities for all of Roanoke's citizens;
that controls to help ensure that new commercial developments are good neighbors for
residential or other adjacent areas should be carefully evaluated and strengthened
where necessary; and that Roanoke should continue to encourage health-related
businesses and other related service facilities.
Recommendation:
Planning Commission, by a vote 7-0, recommends that the subject proposed be
rezoned from LM to C-2, subject to the proffered conditions.
Respectfully submitted,
Melvin L. Hill, Chairman
Roanoke City Planning Commission
Attachments
cc: Darlene Burcham, City Manager
Steve Talevi, Assistant City Attorney
Mr. Dan Layman, petitioner
Report Author: David A. Diaz
VIRGINIA:
In re:
IN THE COUNCIL OF THE CITY OF ROANOKE
Rezoning of a Tract of Land )
Located on the North Side of )
Franklin Road, SW, bearing )
Official Tax No. 1280602, from )
LM to C-2 )
AMENDED
PETITION
TO REZONE
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE
(1) Petitioner Consultants in Cardiology Services, Inc. has a contract to purchase a
tract of land in the City of Roanoke located on the north side of Franklin Road, SW, at its
intersection with Roberts Road, bearing City of Roanoke Official Tax No. 1280602. A portion
of City Appraisal Map 128 showing this parcel is attached to this petition as Exhibit A.
(2) This tract is presently zoned LM, Light Manufacturing District (subject to certain
conditions), and is the site of the closed Moore's Lumber & Building Supplies, Inc. retail lumber
yard. An aerial photograph of the existing facility is attached to this petition as Exhibit B.
(3) Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended,
petitioner requests that tax parcel 1280602 be rezoned from LM to C-2, General Commercial
District, including termination of the existing zoning conditions, so that petitioner may develop a
medical facilities complex, including initially a medical clinic for its own business with the
RKE# 0630841 .WPD
C/M: 023948-00003-01
potential for subsequent additional development possibly including other medical clinics,
medical offices, medical laboratories, and related retail and medical service establishments.
concept plan of petitioner's proposed development is attached to this petition as Exhibit C.
A
(4) The change hereby requested will conform the zoning classification for this
property with the classification that predominates along the Franklin Road frontage, make it more
compatible with sun'ounding districts and uses, and, Petitioner believes, thereby further the intent
and purpose of the City's Zoning Ordinance and Comprehensive Plan.
(5) The petitioner hereby proffers and agrees that if the property is rezoned as
requested, the rezoning will be subject to, and the petitioner will abide by, the following
conditions:
(a) The property will NOT be used for any of the following uses, even though such use
may be permitted by the C-2 zoning district regulations: theaters, exhibition halls and similar
facilities, outdoor recreational facilities, funeral homes, restaurants, hotels, motels and inns, open
air markets, food stores, neighborhood and highway convenience stores, outdoor advertising, gas
stations, establishments engaged in the sale or rental of automobiles, trucks, or construction
equipment, auto accessory sales, auto cleaning facilities, auto repair establishments, bus
terminals, veterinary clinics, kennels, or plant nurseries and greenhouses.
(b) Tractor-trailer trucks will not be permitted to enter the property from Roberts Road,
but will be required to enter directly fi.om Franklin Road.
RKE# 0630841 .WPO
C/M: 023946-00003-01
(c) The existing buffering/screening areas along the northern and western boundaries of
the property shall be maintained in substantially their present configuration and condition.
(6) Attached to this petition as Exhibit D is a list of the names and addresses of the
owners of all lots immediately adjacent to or across a street from the property to be rezoned,
together with the Official Tax Number of each lot.
WHEREFORE, petitioner requests that the parcel bearing City of Roanoke Official Tax
No. 1280602 be rezoned from LM (including release and termination of the conditions to which
the LM classification was made subject) to C-2 in accordance with the provisions of the Zoning
Ordinance of the City of Roanoke, subject to the conditions set forth above.
Respectfully submitted this 10th day of April, 2000.
CONSULTANTS IN CARDIOLOGY SERVICES, INC.
Its 0~-~
Woods, Rogers & Hazlegrove, P.L.C.
P. O. Box 14125
Roanoke, VA 24038-4125
(703) 983-7653
Of Counsel for the Petitioner
RKE# 0630841 .I/~D
o23946-o0003-Ol 3
Moore's Lumber & Building Supplies, Inc., present owner of the property, which is the
subject of the foregoing Amended Petition to Rezone, hereby consents to the filing of this
Petition by Consultants in Cardiology Servicers, Inq., iati~th which Moore's has a contract to sell
MOO UILDING SUPPLIES, INC.
RKE# 0630841 .WPD
C/M: 023946-00003-01
DEVELOPMENT CONCEPT "C"
Building B Building
~ Stor~ · 2 storm
12,000 .,f. 13,500 $.f.
B~lding A
2 sto,~ ·
2/,000
Franklin'Road
Rife + Wood
ARCHITECTS
New Offices for:
CONSULTANTS IN
CARDIOLOGY, PC
EXHIBIT D
Petition of Consultants in Cardiology Services, Inc.
Adjacent Property Owners
Tax Number
1290207
1290208
1290209
1290210
1290211
1290212
1290403
Owner
Charles B. Helms
Christine J. Helms
2952 Roberts Road, S.W.
Roanoke, VA24014
Jean W. Brookman
2938 Roberts Road, S.W.
Roanoke. VA24014
Harry A. Ha~er
2934 Roberts Road, S.W.
Roanoke, VA24014
Charles B. Helms
Christine J. Helms
2930 Roberts Road, S.W.
Roanoke, VA 24014
Joseph H. Thurman
Cherold T. Thurman
30 N. Main Street
Rocky Mount, VA 24151
Hester King Beckner
2918 Roberts Road, S.W.
Roanoke, VA 24014
Charles B. Helms
Christine J. Helms
2951 Roberts Road, S.W.
Roanoke, VA 24014
RKE# 0630841 .W~D
C/M: 023946-00003-01 5
Tax Number Owner
1290218
Horace Fralin LLC et al.
P. O. Box 20069
Roanoke, VA 24018
1280601
1280619
1280618
1280603
'1300513
1300514
1300516
1300517
TBC Associates LLP
2580 Broadway Street S.W.
Roanoke, VA 24014
George & Mary C. Drates
c/o Long John Silvers #3669
P. O. Box 14026
Lexington, KY 40512
McDonald's Corpormion
c/o John Ford
P. O. Box 12647
Roanoke, VA24027
Properties, Inc.
2743 Franklin Road, S.W.
Roanoke, VA 24014
Terrier, LLC
2743 Franklin Road, S.W.
Roanoke, VA 24014
Robert L. Mason
2743 Franklin Road, S.W.
Roanoke, VA 24014
Robert L. Mason
Audrey M. Mason
2743 Franklin Road, S.W.
Roanoke, VA 24014
Robert L. Mason
Audrey M. Mason
2743 Franklin Road, S.W.
Roanoke, VA 24014
RKE# 0630841 .WPD
C/M: 02394600003-01
Tax Number
Owner
1300519
Mark R. Finkler
Beth R. Finkler
2814 Franklin Road, S.W.
Roanoke, VA 24014
RKE# 0630841 .VVPD
C/M: 023946-00003-01 '7
~ 0
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
..............................................................................
DANIEL F. LAYMAN, JR. ATTY
P. O. BOX 14125
ROANOKE VA 24038-4125
REFERENCE: 80038338
01405765
NOTICE OF PUBLIC HE
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Virginia.
Sworn and subscribed before me this _J~ ~ day
of M y 2090 W'tness m hand and official seal.
~_~=~~ ......... No tsry Public
My commission expires /O ~3/-O~_
PUBLISHED ON: 04/27 05/04
NOTICE OF PUBUc HEARfNG
TO WHOM IT MAY CONCERN:
Pursuant to the provfsi(ms of
Art]cid VII of Chapter 36.1,
Code of ttm City of Roanoke
(1979), as amended, the Court.
h~d a Publk: Hearing on Mon-
day, May 15, 2000, at 7:00
p.rn., In the Council Chamber in
the Municipal Building, '215
Church Avenue, S.W., on the
U~ht ~aanu~:tu,ng ~ ~
C-2, General Comme~l
That certain tract of land
located on tbe north side of
FrankJIn Road, S.W., at ~ts
intersecflor~with Roberts Road
able for public Inspactlon in the
456, Municipal Building. All
Parties in interest may appear
on the above date and be
heard on. the queatk~.
GIVEN under my hand this 27th
Mmy F. Pa~er, C~y C~rk.
(1405765)
TOTAL COST:Q 139.86
~u~rzz~ Signature
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke
(1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on
Monday, May 15, 2000, at 7:00 p.m., in the Council Chamber in the Municipal Building, 215
Church Avenue, S.W., on the question ofrezoning from LM, Light Manufacturing District,
to C-2, General Commercial District, the following property:
That certain tract of land located on the north side of Franklin Road, S.W., at
its intersection with Roberts Road, and bearing Official Tax No. 1280602,
subject to certain proffered conditions.
A copy of this proposal is available for public inspection in the Office of the City
Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date
and be heard on the question.
GIVEN under my hand this 27thday of April ,2000.
Mary F. Parker, City Clerk.
H:LNOTICE~I-Consultants-5-15-00
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
May 3, 2000
File #51
SANDRA H. EAKIN
Deputy City Clerk
Daniel F. Layman, Jr., Attorney
Woods, Rogers & Hazlegrove, P.L.C.
P. O. Box 14125
Roanoke, Virginia 24038-4125
Dear Mr. Layman:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, May
15, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke
City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., on the
request of Consultants in Cardiology Services, Inc., that a tract of land located on the north
side of Franklin Road, S. W., at its intersection with Roberts Road, identified as Official Tax
No. 1280602, be rezoned from LM, Light Manufacturing District, to C-2, General
Commercial District, subject to certain conditions proffered by the petitioner.
For your information, I am enclosing copy of a notice of the public hearing, an Ordinance,
and a report of the City Planning Commission. Please review the documents and if you
have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 853-2431.
Questions with regard to the City Planning Commission report should be directed to the
Department of Planning and Code Enforcement at 853-2344.
It will be necessary for you, or your representative, to be present at the May 15
public hearing. Failure to appear could result in a deferral of the matter until a later
date.
Sincerely,,~/~ Pa~rker, C~C~~L~t.~,.
Mary F.
City Clerk
MFP:Io
Enclosure
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 - 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
April 26, 2000
File #51
SANDRA H. EAKIN
Deputy City Clerk
Mr. Charles B. Helms
Ms. Christine H. Helms
Ms. Jean W. Brookman
Mr. Harry A. Hatter
Mr. and Mrs. Joseph H. Thurman
Ms. Hester King Beckner
Properties, Inc.
Mr. and Mrs. Robert L. Mason
Mr. Horace Fralin
TCB Associates, LLP
Mr. and Mrs. George Drates
c/o Long John Silvers #3669
McDonald's Corporations
c/o Mr. John Ford
Terrier, LLC
Mr. and Mrs. Mark R. Finkler
Ladies and Gentlemen:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, May
15, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke
City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., on the
request of Consultants in Cardiology Services, Inc., that a tract of land located on the north
side of Franklin Road, $. W., at its intersection with Roberts Road, identified as Official Tax
No. 1280602, be rezoned from LM, Light Manufacturing District, to C-2, General
Commercial District, subject to certain conditions proffered by the petitioner.
The City Planning Commission is recommending approval of the abovedescribed request
for rezoning, subject to the proffered conditions. Please call the City Clerk's Office at 853-
2541 if you would like to receive a copy of the report.
This letter is provided for your information as an interested property owner and/or adjoining
property owner. If you have questions with regard to the matter, please call the
Department of Planning and Code Enforcement at 853-2344.
Sincerely,
Mary F. Parke~, CMC
City Clerk
MFP:Io
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 ~ 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
April 12, 2000
File #51
SANDRA H. EAKIN
Deputy City Clerk
Melvin L. Hill, Chair
City Planning Commission
2545 Marr Street, N. W., #15F
Roanoke, Virginia 24012
Dear Mr. Hill:
Pursuant to Section 36.1-690(e)of the Code of the City of Roanoke (1979), as amended,
I am enclosing copy of an Amended PetitiOn received in the City Clerk's Office on April 12,
2000, from Daniel F. Layman, Jr., Attorney, representing Consultants in Cardiology
Services, Inc., requesting that a tract of land located on the north side of Franklin Road,
S. W., identified as Official Tax No. 1280602, be rezoned from LM, Light Manufacturing
District, to C-2, General Commercial District, subject to certain proffered conditions.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:Io
Enclosure
pc~
The Honorable Mayor and Members of the Roanoke City Council
Daniel F. Layman, Jr., Attorney, Woods, Rogers & Hazlegrove, P.L.C., P. O. Box
14125, Roanoke, Virginia 24038-4125
Willard N. Claytor, Director, Real Estate Valuation
Evelyn S. Lander, Chief, Planning and Community Development
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Acting Building Commissioner
Charles M. Huffine, City Engineer
Steven J. Talevi, Assistant City Attorney
Edward R. Tucker, City Planner
H:\REZON1NG.98\centre.wpd
VIRGINIA:
IN THE COUNCIL OF THE CITY OF ROANOKE
In re:
Rezoning of a Tract of Land )
Located on the North Side of )
Franklin Road, SW, bearing )
Official Tax No. 1280602, from )
LM to C-2 )
AMENDED
PETITION
TO REZONE
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE
(1) Petitioner Consultants in Cardiology Services, Inc. has a contract to purchase a
tract of land in the City of Roanoke located on the north side of Franklin Road, SW, at its
intersection with Roberts Road, bearing City of Roanoke Official Tax No. 1280602. A portion
of City Appraisal Map 128 showing this parcel is attached to this petition as Exhibit A.
(2) This tract is presently zoned LM, Light Manufacturing District (subject to certain
conditions), and is the site of the closed Moore's Lumber & Building Supplies, Inc. retail lumber
yard. An aerial photograph of the existing facility is attached to this petition as Exhibit B.
(3) Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended,
petitioner requests that tax parcel 1280602 be rezoned from LM to C-2, General Commercial
District, including termination of the existing zoning conditions, so that petitioner may develop a
medical facilities complex, including initially a medical clinic for its own business with the
RKE# 0630841 .WPD
C/M: 023946-00003-01
potential for subsequent additional development possibly including other medical clinics,
medical offices, medical laboratories, and related retail and medical service establishments.
concept plan of petitioner's proposed development is attached to this petition as Exhibit C.
A
(4) The change hereby requested will conform the zoning classification for this
property with the classification that predominates along the Franklin Road frontage, make it more
compatible with surrounding districts and uses, and, Petitioner believes, thereby further the intent
and purpose of the City's Zoning Ordinance and Comprehensive Plan.
(5) The petitioner hereby proffers and agrees that if the property is rezoned as
requested, the rezoning will be subject to, and the petitioner will abide by, the following
conditions:
(a) The property will NOT be used for any of the following uses, even though such use
may be permitted by the C-2 zoning district regulations: theaters, exhibition halls and similar
facilities, outdoor recreational facilities, funeral homes, restaurants, hotels, motels and inns, open
air markets, food stores, neighborhood and highway convenience stores, outdoor advertising, gas
stations, establishments engaged in the sale or rental of automobiles, trucks, or construction
equipment, auto accessory sales, auto cleaning facilities, auto repair establishments, bus
terminals, veterinary clinics, kennels, or plant nurseries and greenhouses.
(b) Tractor-trailer trucks will not be permitted to enter the property from Roberts Road,
but will be required to enter directly from Franklin Road.
RKE# 0630841 .WPD
C/M: 023946-00003-01 2
(c) The existing buffering/screening areas along the northem and westem boundaries of
the property shall be maintained in substantially their present configuration and condition.
(6) Attached to this petition as Exhibit D is a list of the names and addresses of the
owners of all lots immediately adjacent to or across a street from the property to be rezoned,
together with the Official Tax Number of each lot.
WHEREFORE, petitioner requests that the parcel bearing City of Roanoke Official Tax
No. 1280602 be rezoned from LM (including release and termination of the conditions to which
the LM classification was made subject) to C-2 in accordance with the provisions of the Zoning
Ordinance of the City of Roanoke, subject to the conditions set forth above.
Respectfully submitted this 10th day of April, 2000.
CONSULTANTS IN CARDIOLOGY SERVICES, INC.
Its t°~-,~d~.,-/-
Daniel F. Layman, Jr.(--j ~
Woods, Rogers & Hazlegrove, P.L.C.
P. O. Box 14125
Roanoke, VA 24038-4125
(703) 983-7653
Of Counsel for the Petitioner
RKE# 0630841 .WPD
C/M: 023946-00003-01 3
Moore's Lumber & Building Supplies, Inc., present owner of the property which is the
subject of the foregoing Amended Petition to Rezone, hereby consents to the filing of this
Petition by Consultants in Cardiology Services, Inq., t~vith which Moore's has a contract to sell
the subject property. ~L~~B
MOO UILDING SUPPLIES, INC.
By ~__
RKE# 0630841 .VVPD
C/M: 023946-00003-01 ~:
",il
DEVELOPMENT CONCEPT "C"
Building B Building C
2 Stories ~ 2 Stories ~
12,000 s.f. 13,500 s.f.
Building A
2 st~r~ Il
27,000 $.f.
Franklin Road
Rife + Wood
ARCHITECTS
New Offices for:
CONSULTANTS IN
CARDIOLOGY, PC
EXHIBIT D
Petition of Consultants in Cardiology Services, Inc.
Adjacent Property Owners
Tax Number
1290207
1290208
1290209
1290210
1290211
1290212
1290403
Owner
Charles B. Helms
Christine J. Helms
2952 Roberts Road, S.W.
Roanoke, VA 24014
Jean W. Brookman
2938 Roberts Road, S.W.
Roanoke, VA 24014
Harry A. Hatter
2934 Roberts Road, S.W.
Roanoke, VA 24014
Charles B. Helms
Christine J. Helms
2930 Roberts Road, S.W.
Roanoke, VA 24014
Joseph H. Thurman
Cherold T. Thurrnan
30 N. Main Street
Rocky Mount, VA 24151
Hester King Beckner
2918 Roberts Road, S.W.
Roanoke, VA 24014
Charles B. Helms
Chri~ineJ. Helms
2951 Roberts Road, S.W.
Roanoke, VA24014
RKE# 0630841 .WPD
C/M: 023946-00003-01 5
)
Tax Number
1290218
1280601
1280619
1280618
1280603
1300513
1300514
1300516
1300517
Owner
Horace Fralin LLC et al.
P. O. Box 20069
Roanoke, VA 24018
TBC Associates LLP
2580 Broadway Street S.W.
Roanoke, VA 24014
George &MaryC. Dries
~o Long John Silvers #3669
P. O. Box 14026
Lexington, KY40512
McDon~d's Corpormion
c/o John Ford
P. O. Box 12647
Roanoke, VA24027
Properties, Inc.
2743 Franklin Road, S.W.
Roanoke, VA 24014
Terrier, LLC
2743 Franklin Road, S.W.
Roanoke, VA 24014
Robert L. Mason
2743 Franklin Road, S.W.
Roanoke, VA 24014
Robert L. Mason
Audrey M. Mason
2743 Franklin Road, S.W.
Roanoke, VA 24014
Robert L. Mason
Audrey M. Mason
2743 Franklin Road, S.W.
Roanoke, VA 24014
RKE# 0630841 .WPD
C/M: 023946-00003-01 (~
Tax Number
Owner
1300519
Mark R. Finkler
Beth R. Finkler
2814 Franklin Road, S.W.
Roanoke, VA 24014
RKE# 0630841 .WPD
C/M: 023946-00003-01 7
"3TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA~[,[~ [~i \' ~ ~
PERTAINING TO THE REZONING REQUEST OF:
'00 28 P12:37
Consultants in Cardiology Services, Franklin Road, S.W., Official Tax )
No. 1280602, from LM to C-2, conditonal )AFFIDAVIT
COMMONWEALTH OF VIRGINIA )
) TO-WIT:
CITY OF ROANOKE )
The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the
Roanoke City Planning Commission, and as such is competent to make this affidavit of her own
personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code
of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she
has sent by first-class mail on the 27th day of March, 2000, notices of a public hearing to be held on
the 19th day of April, 2000, on the rezoning request captioned above to the owner or agent of the
parcels listed below at their last known address:
Parcel
1290207
1290210
1290208
1290209
1290211
1290212
1290218
1280601
1280619
1280618
1280603
1300513
1300514
1300516
1350517
Owner's Name
Charles B. Helms
Christine J. Helms
Jean W. Brookman
Harry A. Hatter
Joseph H. Thurman
Cherold T. Thurman
Hester King Beckner
Horace Fralin LLC et al
TCB Associates, LLP
George and Mary C. Drates
c/o Long John Silvers #3669
McDonald's Corporation
c/o John Ford
Properties, Inc.
Terrier, LLC
Robert L. Mason
Audrey M. Mason
Mailing Address
2952 Roberts Road, SW
Roanoke, VA 24014
2930 Roberts Road, SW
Roanoke, VA 24014
2938 Roberts Road, SW
Roanoke, VA 24014
2934 Roberts Road, SW
Roanoke, VA 24014
30 N. Main Street
Rocky Mount, VA 24151
2918 Roberts Road, SW
Roanoke, VA 24014
P. O. Box 20069
Roanoke, VA24018
2580 Broadway St.,SW
Roanoke, VA24014
P. O. Box 14026
Lexington, KY 40512
P. O. Box 12647
Roanoke, VA24027
2743 Franklin Road, SW
Roanoke, VA 24014
2743 Franklin Road, SW
Roanoke, VA 24014
2743 Franklin Road, SW
Roanoke, VA 24014
1300519
Mark R. Finkler
Beth R. Finkler
2814 Franklin Road, SW
Roanoke, VA 24014
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia,
this 27th day of March, 2000.
Notary Public
My Commission expires: ~ ~ ~} % I O~
'
NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLA~G
COMMISSION
TO WHOM IT MAY CONCERN: '00 [~[~ 28 P~)~ :35
The Roanoke City Planning Commission will hold a public heating on Wednesday,
April 19, 2000, 7:00 p.m. or as soon as the matter may be heard, in the City Council Chamber,
fourth floor, Municipal Building, 215 Church Avenue, S.W., on the following:
Request from Daniel F. Layman, Jr., attorney, representing Consultants in Cardiology
Services, Inc., requesting that a tract of land located on the north side of Franklin Road,
S.W., identified as Official Tax No. 1280602, be rezoned from LM, Light Manufacturing
District, to C~2, General Commercial District, such rezoning to be subject to certain
conditions proffered by the petitioner.
A copy of said application is available for review in the Department of Planning and
Community Development, Room 166, Municipal Building.
All parties in interest and citizens may appear on the above date and be heard on the matter.
Martha P. Franklin, Secretary
Roanoke City Planning Commission
Please print in newspaper on Tuesday, April 4, 2000 and April 11, 2000
Please bill
Mr. Dan Layman
Woods, Rogers and Hazlegrove
P. O. Box 14125
Roanoke, VA 24038-4125
Send affidavit of publication to:
Department of Planning and Community Development
Room 166, Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011 (540) 853-1230 (fax)
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2401 l- 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
March 7, 2000
File #51
Revised
SANDRA H. EAKIN
Deputy City Clerk
Melvin L. Hill, Chair
City Planning Commission
2545 Marr Street, N. W., #15F
Roanoke, Virginia 24012
Dear Mr. Hill:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended,
I am enclosing copy of a petition received in the City Clerk's Office on March 2, 2000, from
Daniel F. Layman, Jr., Attorney, representing Consultants in Cardiology Services, Inc.,
requesting that a tract of land located on the north side of Franklin Road, S. W., identified
as Official Tax No. 1280602, be rezoned from LM, Light Manufacturing District, to C-2,
General Commercial District, subject to a certain proffered condition.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:Io
Enclosure
pc:
The Honorable Mayor and Members of the Roanoke City Council
Daniel F. Layman, Jr., Attorney, Woods, Rogers & Hazlegrove, P.L.C., P. O. Box
14125, Roanoke, Virginia 24038-4125
Evelyn S. Lander, Chief, Planning and Community Development
Evelyn Do Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Acting Building Commissioner
Charles M. Huffine, City Engineer
Steven J. Talevi, Assistant City Attorney
Edward R. Tucker, City Planner
H:\REZONING.98\centre.wpd
Mary F. Parker, CMC
City Clerk
CITY OF ROANOKE
Office of the City Clerk
June 16, 2000
File #2-166-392
Sandra H. Eakin
Deputy City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 34836-060500 authorizing the conveyance, by
quitclaim deed, to adjacent landowners any interest the City may have in the residual
portions of properties located to the rear of Warehouse Row, adjacent to the railroad tracks
of Norfolk Southern Railway Company, upon certain terms and conditions. The
abovereferenced measure was adopted by the Council of the City of Roanoke on first
reading on Monday, May 15, 2000, also adopted by Council on second reading on
Monday, June 5, 2000, and will be in full force and effect ten days following the date of its
second reading.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:Io
Attachment
pc:
James D. Grisso, Director of Finance
Philip C. Schirmer, Acting City Engineer
Sarah E. Fitton, Engineering Coordinator
C:'cMyFiles~UNES.WPD
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of June, 2000.
No. 34836-060500.
AN ORDINANCE authorizing the conveyance by quitclaim deed to adjacent
landowners any interest the City may have in the residual portions of properties located to
the rear of Warehouse Row, adjacent to the railroad tracks of Norfolk Southern Railway
Company, upon certain terms and conditions.
WHEREAS, a public hearing was held on May 15, 2000, pursuant to § § 15.2-1800(B)
and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and
citizens were afforded an opportunity to be heard on this proposed conveyance.
BE IT ORDAINED by the Council of the City of Roanoke that the City Manager is
authorized to execute quitclaim deeds to adjacent landowners of any interest the City may
have in the residual portions of properties located to the rear of Warehouse Row, Lots lA,
lB, and 2 through 7, adjacent to the railroad tracks of Norfolk Southern Railway Company,
and upon the terms and conditions set forth in the report to this Council dated May 1, 2000.
All documents necessary for this conveyance shall be upon form approved by the City
Attorney.
ATTEST:
H:\ORD-GEN%O-R~iduaIProp-RSLWi%oj~t.5_8.00
City Clerk.
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
..................................................
ROANOKE CITY CLERK'S
215 CHURCH AVE SW RM
ATT: MARY PARKER, CL
ROANOKE VA 24011
REFERENCE: 80023382
01414364
State of Virginia
City of Roanoke
NOTICE OF
PUBLIC HE
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Virginia.
Sworn and subscribed before me this /2 ~%
day
of~M~y 200~. W~tness my hand and official seal.
~~~----~--~--~ , Notary Public
My commission expires /OL~/.~,_
PUBLISHED ON: 05/07
NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to convey by quitclaim deed portions of City owned property
located adjacent to the tracks of Norfolk Southern Railway Company between Second Street and
South Jefferson Street which are no longer needed by the City.
Pursuant to the requirements of §§15.2-1800(B) and 1813, Code of Virginia (1950), as
amended, notice is hereby given that the City Council of the City of Roanoke will hold a public
heating on the above matter at its regular meeting to be held on Monday, May 15, 2000,
commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Municipal Building, 215 Church
Avenue, S.W., Roanoke, Virginia. Further information is available from the Office of the City Clerk
for the City of Roanoke at (540) 853-2541.
Citizens shall have the opportunity to be heard and express their opinions on said matter.
GIVEN under my hand this 7th day of May, 2000.
Mary F. Parker, City Clerk.
Note to Publisher:
Please publish once in The Roanoke Times on Sunday, May 7, 2000.
Send Publisher's Affidavit and Bill to:
Mary F. Parker, City Clerk
456, Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
C:WlyFilesXlqS-RLPark-Residue4-27-00
Mary F. Parker, CMC
City Clerk
CITY OF ROANOKE
Office of the City Clerk
June 11, 2000
File #24-32-51
Sandra H. Eakin
Deputy City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 34838-060500 amending and revising §36.1-590,
Generally, §36.1-593, Nonconforming structures, and §36.1-594, Nonconforming uses of
structures.., of the Code of the City of Roanoke (1979), as amended, to permit the
reconstruction, but not enlargement, of a nonconforming structure in the event of any
damage to the structure from fire, flood or other natural disaster, and to permit the
continuation of the residential use of a structure in the event of any damage to the structure
from fire, flood or other natural disaster, under certain circumstances. The
abovereferenced measure was adopted by the Council of the City of Roanoke on first
reading on Monday, May 15, 2000, also adopted by Council on second reading on
Monday, June 5, 2000, and will be in full force and effect ten days following the date of its
second reading.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:Io
Attachment
pc: The Honorable Diane McQ. Strickland, Chief Judge, Twenty-Third Judicial Circuit
of Virginia
The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Roy B. Willett, Judge, Twenty-Third Judicial Circuit of Virginia
C:'~VIyFil~JUNES. WI~D
Darlene L. Burcham
June 9, 2000
Page 2
pc:
The Honorable Richard C. Pattisall, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia
The Honorable Julian H. Raney, Jr., Chief Judge, General District Court
The Honorable George W. Harris, Jr., Judge, General District Court
The Honorable Vincent A. Lilley, Judge, General District Court
The Honorable William D. Broadhurst, Judge, General District Court
The Honorable Jacqueline F. Ward Talevi, Judge, General District Court
The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic
Relations District Court
The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations
District Court
The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations
District Court
The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations
District Court
Evelyn Jefferson, Vice-President - Supplements, Municipal Code Corporation,
P. O. Box 2235, Tallahassee, Florida 32316
Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building,
Roanoke, Virginia 24011
Ronald S. Albright, Clerk, General District Court
Patsy A. Bussey, Clerk, Juvenile and Domestic Relations Distdct Court
Peggy B. Stewart, Office of the Magistrate
Melvin L. Hill, Chair, City Planning Commission, 2545 Marr Street, N. W., #15F,
Roanoke, Virginia 24012
Matt Pdtts, Chair, Greater Raleigh Court Civic League, P. O. Box 3092, Roanoke,
Virginia 24015
George C. Snead, Jr., Assistant City Manager for Community Development
Willard N. Claytor, Director, Real Estate Valuation
Evelyn S. Lander, Director, Department of Planning and Code Enforcement
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Ronald L, Smith, Acting Building Commissioner
Philip C. Schirmer, Acting City Engineer
Steven J. Talevi, Assistant City Attorney
Edward R. Tucker, City Planner
C:~VIyFile~UNE$.WPD
1NTHECOUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of June, 2000.
No. 34838-060500.
AN ORDINANCE amending Sec. 36.1-590, Generally, §36.1-593, Nonconforming
structures, and §36.1-594, Nonconforming uses of structures, of Chapter 36.1, Zoning, of the Code
of the City of Roanoke (1979), as amended, to regulate nonconforming structures and
nonconforming uses of structures.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 36.1-590, Generally, §36.1-593, Nonconforming structures, and §36.1-594,
Nonconforming uses of structures, of Chapter 36.1, Zoning, of the Code of the City of Roanoke
(1979), as amended, be, and are hereby, amended and reordained to read and provide as follows:
Sec. 36.1-590. Generally.
Within the districts established by this chapter, or by amendments which may later
be adopted, there exist or may exist lots, structures, uses of land and structures, and
characteristics of use, which were lawful before this chapter was passed or amended,
but which would be prohibited, regulated or restricted under the terms of this chapter
or future amendment. Some of such structures and uses are considered
nonconformities and are hereby declared to be incompatible with the character of the
districts in which they occur. Nonconformities are permitted to remain until
removed, discontinued or changed to conform with the regulations in accordance
with this Article, but it is the intent of this chapter that in certain circumstances, such
continuances should not be indefinite and that the nonconforming uses should
gradually be removed. No nonconformity shall be increased, enlarged upon,
expanded, extended, or resumed after discontinuance as specified herein, or used as
grounds for adding other lots, structures, uses 6fland and structures or characteristics
of use not ir/ keeping with the regulations for the. district in which such
nonconformity exists.
Sec. 36.1-593. Nonconforming structures.
(a) Where a lawful structure exists at the time of passage or amendment of this
chapter, which structure could not be built under the terms of this chapter by reason
of restrictions on area, bulk, lot coverage, height, yards or other characteristics of the
structure or its location on the lot, such structure may be continued so long as the
structure is maintained in its then structural condition and is not enlarged or altered
in any way which increases its nonconformity.
(b) Should such nonconforming structure be moved for any reason for any
distance on the same lot or to any other lot, it shall thereafter conform to the
regulations for the district in which it is located after it is moved. However, a sign
which is nonconforming may be relocated on the same property, if such sign was
moved due to highway utility or other construction for public purposes.
(c) Any nonconforming structure which is damaged or destroyed, in whole or in
part, by any fire, flood or other natural disaster, may be rebuilt as long as the
structure is not enlarged or altered in any way which increases its nonconformity.
(d) The provisions of this section notwithstanding, all construction or
reconstruction of any structure shall be in accordance with all other applicable
statutes, codes and ordinances, including overlay districts.
Sec. 36.1-594. Nonconforming uses of structures.
(a) Where, at the effective date of adoption or amendment of this chapter, a
lawful use exists of a structure, individually or in combination with another structure,
which use is made no longer permissible under the terms of the chapter as enacted
or amended, such use may be continued so long as it is not discontinued for more
than two (2) years, and so long as the structure in which such use is located is
maintained in its then structural condition. Should a structure in which such
nonconforming use is located be enlarged, extended, reconstructed or structurally
altered, except as otherwise permitted by this section, the use of such a structure
thereafter shall conform to the regulations of the district in which it is located.
(b) No nonconforming use shall be enlarged, intensified, increased, or extended
to occupy a larger structure than was occupied on the effective date of the adoption
of, or an amendment to, this chapter, and no such use shall be enlarged, intensified,
increased or extended by the attachment to the structure in which such use is located
of a sign intended to be seen from offthe premises, by addition of another use which
is prohibited in the district, or by the erection of an additional structure on the
property on which the nonconforming use is located.
(c) No nohconforming use shall be moved on the same lot or to any other lot
which is not properly zoned to permit such use.
(d) Any use which replaces, in whole or in part, a nonconforming use shall
conform to the requirements of the district in which it is located and the
nonconforming use shall not thereafter be resumed.
2
(e) Any nonconforming use which includes the use of a dwelling unit as a
dwelling may be continued after the structure in which the use is located is damaged
or destroyed, in whole or in part, from fire, flood or other natural disaster, provided
the structure is reconstructed and the use resumed within two (2) years of the damage
or destruction.
(f) A nonconforming use which does not include the use of a dwelling or
dwelling unit as a dwelling may be continued after the structure in which the use is
located is damaged or destroyed, from fire, flood or other natural disaster, to an
extent of fifty (50) percent or less of its total replacement costs, provided the
structure is reconstructed and the use resumed within two (2) years of the damage or
destruction. If such damage exceeds fifty (50) percent of the structure's total
replacement cost at the time of the event, the use of the structure shall conform to
district regulations.
(g) The provisions of this section notwithstanding, all construction or
reconstruction of any structure shall be in accordance with all other applicable
statutes, codes and ordinances, including overlay districts.
ATTEST:
City Clerk.
3
H:\ORD-CA\OCA-Nonconforming-5-15-00
Roanoke City Department of Planning
and Community Development
Room 166, Municipal Building
215 Church Avenue, S.W,
Roanoke, Virginia 24011
(540) 853-2344 (Fax) 853-1230
Roanoke City Council
Regular Agenda Report
May 15, 2000
The Honorable David A. Bowers, Mayor and Members of Roanoke City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
Subject: Zoning Amendment - Article V. NONCONFORMITIES
Background:
A nonconforming structure is one that was legally built in conformance with zoning
regulations and later the zoning was changed in some way so that the same structure
could not be built under new zoning regulations. The zoning ordinance currently
provides that, if a nonconforming structure is destroyed by more than 50% of its
replacement value, it cannot be reconstructed (herein referred to as the "50% rule").
Concern over this issue arose during the Greater Raleigh Court rezonings. Citizens who
supported the rezonings were concerned about this provision. The intent of the 50%
rule is to convert nonconforming structures to those which the district permits.
However, its unintended consequences seem to outweigh its actual effect.
If a property is destroyed, the 50% rule can result in hardship on a property owner who
may then be unable to rebuild on the property. In addition, the rule can result in
difficulty (or additional cost) in obtaining mortgage financing and insurance on a
nonconforming property. These two factors lead to reduced confidence in ownership of
nonconforming properties and may lead to lack of maintenance and less investment in
the properties.
The 50% rule is applied infrequently and thus no records are kept on such cases. We
know that the 50% rule has not been applied since 1991. This rule, in practice, has had
little effect in converting structures to those allowed in the new zoning district. Most
transition occurs through voluntary conversion or abandonment of the nonconforming
use for two or more years.
An important distinction must be made between a nonconforming use and a
nonconforming structure. A nonconforming use is one that is made nonconforming by
reason of the use (e.g., a multifamily dwelling in a Residential Single Family district). A
1
Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals
nonconforming structure is one that does not meet the physical requirements of a
district (i.e., setbacks, maximum height, lot coverage).
The Roanoke Planning Commission conducted public hearing on the amendment on
April 19, 2000. The commission discussed whether illegally converted structures would
be permitted to be rebuilt. Staff advised that only legally-established uses would be
permitted to rebuild under the revised ordinance. The Commission discussed the
location where a reconstructed building could be placed. Under the proposed
ordinance, the building could be rebuilt within the old "footprint," or it must be more
conforming.
The Commission discussed the 2-year limit on rebuilding. Staff noted that the structure
must be rebuilt and the use resumed within 2 years, and that the intent of the limit is to
provide for timely redevelopment of the lot.
Mr. John Wilson (1550 Terrace Road, S.W.) a property owner and resident of the
Greater Raleigh Court neighborhood spoke in support of the amendment.
Ms. Brenda McDaniel (2037 Carter Road, S.W.), President of the Greater Raleigh Court
Civic League, spoke in support of the amendment on behalf of the civic league.
Mr. Robert Richert (415 Allison Avenue, S.W.) asked the commission to be cautious
with the amendment because of the appearance of newer duplexes impacts the
streetscape. He questioned whether parking would be required in the case of rebuilt
structure. Staff advised that no additional parking would be required.
Considerations:
By changing the 50% rule on residential uses and on all structures, the city will likely
lose very little in the way of converting to new land uses because the rule is rarely
applied. The city will enhance property owner confidence in nonconforming properties
and will thus encourage investment and maintenance of the existing housing stock.
The ordinance amendment will provide that:
A nonconforming structure which is damaged will be permitted to be rebuilt in the
same location, regardless of the extent of destruction. Reconstruction must take
place within two years and the size of the structure cannot be expanded or
altered. However, any reconstruction must adhere to historic, design, airport, or
flood plain overlay districts, where applicable.
A nonconforming dwelling use of a structure which is damaged will be permitted
to be rebuilt and the use resumed, regardless of the extent of the destruction.
Reconstruction and resumption of the residential use must take place within two
years.
2
Where the nonconforming use is nonresidential, the current 50% rule will
continue to apply.
Several other technical changes have also been made to the section on
nonconformities for consistency with this amendment and to strengthen the language of
the section.
Recommendation:
By vote of 7-0, the Planning Commission voted to recommend approval of the
amendment to City Council.
Respectfully submitted,
Melvin L. Hill, Chairman
Roanoke City Planning Commission
Attachment
CC:
Darlene Burcham, City Manager
Steve Talevi, Assistant City Attorney
Report Author: Chris Chittum
3
Sec. 36.1-590. Generally.
Within the districts established by this chapter, or by amendments which may later
be adopted, there exist or may exist lots, structures, uses of land and structures, and
characteristics of use, which were lawful before this chapter was passed or amended,
but which would be prohibited, regulated or restricted under the terms of this chapter
or future amendment. Some of such structures and Such uses are considered
nonconformities and are hereby declared to be incompatible with the character of the
districts in which they occur. Nonconformities are permitted to remain until removed,
discontinued or changed to conform with the regulations in accordance with this
Article, but it is the intent of this chapter that in certain circumstances, such
continuances should not be indefinite and that the nonconforming uses should
gradually be removed. No nonconformity shall be increased, enlarged upon,
d d d d .... :---' -"-- d gc .......':"--' '~"' ........ "'~- .... ' ....
expan e , exten e , ,,~v--,.,., ,,-'., a-ua ,,., ,.,v,,, ...~ to-,] v,.,,.,.,- '.,, --. ,,,u,. ,.,,
'~',,,. ........... o, ~,,~,,,,, or resumed after discontinuance as specified herein, or used as grounds
for adding other lots, structures, uses of land and structures or characteristics of use
not in keeping with the regulations for the district in which such nonconformity
exists.
§36.1-593. Nonconforming structures.
~.l Where a lawful structure exists at the time of passage or amendment of this
chapter, which structure could not be built under the terms of this chapter by reason
of restrictions on area, bulk, lot coverage, height, yards or other characteristics of the
structure or its location on the lot, such structure may be continued so long as th.~e
structure is maintained in its then structural condition and is not enlarged or altered
in any way which increases its nonconform
*-- 4.L~ 12~11 .... : ....... :_2
(a)
(b) Should such nonconforming structure be moved for any reason for any
distance --
.......... on the same lot or to any other lot, it shall thereafter conform to
the regulations for the district in which it is located after it is mc, vc moved.
ign
..... :-'-" ~- ......... However, a s which is nonconforming ....... may be
relocated on the same property, if such sign a,'-acturc was moved due to because
highway utility or other construction for public purposes.
Lq] ..Any nonconforming structure which is damaged or destroyed, in whole or in
part, by any fire, flood or other natural disaster, may be rebuilt as long as thc
structure is not enlarged or altered in any way which increases its nonconformi _ty.
(d) .The provisions of this section notwithstanding, all construction o,
reconstruction of any structure shall be in accordance with all other applicabhl
statutes, codes and ordinances, including overlay districts.
36.1-594. Nonconforming uses of structures.
(a) Where, at the effective date of adoption or amendment of this chapter, _a
lawful use exists of a build/rigs-or structure~, individually or in combination with
another structure, which use is made no longer permissible under the terms of the
chapter as enacted or amended, such use may be continued so long as it is not
discontinued for more than two (2) years, and so long as the b~hti-ngs--~ stmcture~
in which such ......
.................. , uae a~,~ use is located is maintained in its '~-^-'- then
structural condition. Should a ~ structure in which such nonconforming
use is located be enlarged, extended, reconstructed or structurally altered, except as
otherwise permitted by this section, th._.~e use of such a structure thereafter shall
conform to the regulations of the district in which it is they-m.e located.
(b) No such nonconforming use shall be enlarged, intensified, or increased, nar
or extended to occupy a larger great-er structure orqxtitding than was occupied on a~
the effective date of the adoption of, or an amendment to, of, this chapter, and--no
such use shall be enlarged, intensified, increased or extended by the attachment to thc
structure in which such use is located of a sign intended to be seen from off th~,
premises, or by addition of other uacs another use of--~ama:u.e which is would be
prohibited ~ ........ ~ in the district, or by the erection of an additional structure on the
property on which the nonconforming use is located.
Lq.) (-d-) No such nonconforming use shall be moved on the same lot or to any other
lot which is not properly zoned to permit such use ............. in part t,, any
................... i~ use which replaces, in whole or in part, a nonconforming use is
o,,t, ........ : ,~ ~, .......... usc~ shall "- .... "'---
........... conform to the requirements of the
district in which it is located, and the nonconforming use shall not thereafter be
resumed.
(e) Any nonconforming r¢$idcnt';al use which includes the use of a dwelling unit
as a dwelling may be continued after the structure in which the use is located is
damaged or destroyed, in whole or in part, from fire, flood or other natural disaster,
provided the structure is reconstructed and the use resumed within two (2) years of
the damage or destruction.
nonconforming ~ use which does not include the use of a
dwelling or dwelling unit as a dwelling may be continued after the structure
in which the use is located is damaged or destroyed, from fire, flood or other
natural disaster, to an extent of fifty_ (50) percent or less of its total
replacement costs, provided the structure is reconstructed and the use
resumed within two (2) years of the damage or destruction. If such damage
exceeds fifty_ (50) percent of the structure's total replacement cost at the time
of the event, the use of the structure shall conform to district regulations.
[.g) The provisions of this section notwithstanding, all construction or
reconstruction of any structure shall be in accordance with all other applicable
statutes, codes and ordinances, including overlay districts.
H: LPC~Zoning-Noncon forming-Uses-4-10-00
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
...................................................
ROANOKE CITY CLERK'S
215 CHURCH AVE SW RM
ATT: MARY PARKER, CL
ROANOKE VA 24011
REFERENCE: 80023382
01407432 NOTICE OF PUBLIC HE
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the followin~
dates:
City/County of Roanoke, Commonwealth/State of
Virginia. /~7~
Sworn and subscribed before me this day
of May 2000. Witness my hand and official seal.
~__~_~*' ' '- , Notary Public
My commission expires /~-3/~_~_
NOTICE OF PUBUC HEARING
TO WHOM rr MAY CONCERN:
Pursuant th the prodsi(ms of.
§15.2-2204, Code of Vir~nio
(1950), as amended, the Coun-
cil of the City of Roanoke will
hold a Public Heaffog on Men-
day, May 15, 2000, at 7:00
p.m., or as soon thereafter as
the met(er may be heard, in
the Council Chamber in the
Municipal Bulk:ling, 2/5 Church
Avenue, S,W,, In md, er to c(m-
sider an mmmdment and rrna-
sion to Chapter 36.1, ZONING,
Code of the City of Roanoke
(1979), as amended.
The proposed amendment
would amend the following sec-
ti(ms of Chapter 36.1, ZONING,
Roanoke (1979), as amended:
§36.1-590. GENERAU.Y, ~36.1-
593. NONCONFORMING
STRUCTURES, §36.1-594.
NONCONFORMING USES OF
STRUCIURES, to permit the
reconstruction, but not
enlargement, of a nonconform-
ing structure in the event of
any damage to. the structure
fTom fire, flood er othm' natural
disaster, afld to permit the
c(mtlnuatt(m of the resideMial
use of a s'o~ctum tn the event
of any damage to the structure
1Yom. fire, fi(md or other natural
disaster, under certain circum-
stances. A copy of said pro-
posed an~ndmeat is available
City Clerk, Room 456, Munioi-
pal Building. Questions about
the co~e~ of the proposed
regulation should be directed
to the Office of Community
Planniflg, 853-2344.
All parties in int(~$t may
appear on the above date and
be heard on the quesflan.
GIVEN undm' my hand this 30th
day of APRIL, 2000.
Mary F. parker, City Clerk
(1407432) .
PUBLISHED ON: 04/30 05/07
TOTAL COST: 246_08
...........................
......................
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:'
Pursuant to the provisions of § 15.2-2204, Code of Virginia (1950), as amended, the Council
of the City of Roanoke will hold a Public Hearing on Monday, May 15, 2000, at 7:00 p.m., or as soon
thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 Church
Avenue, S.W., in order to consider an amendment and revision to Chapter 36.1, Zoning, Code of the
City of Roanoke (1979), as amended.
The proposed amendment would amend the following sections of Chapter 36.1, Zoning, of
the Code of the City of Roanoke (1979), as amended: §36.1-590. Generally, §36.1-593.
Nonconforming structures, §36.1-594. Nonconforming uses of structures, to permit the
reconstruction, but not enlargement, of a nonconforming structure in the event of any damage to the
structure from fire, flood or other natural disaster, and to permit the continuation of the residential
use of a structure in the event of any damage to the structure from fire, flood or other natural disaster,
under certain circumstances. A copy of said proposed amendment is available for review in the
Office of the City Clerk, Room 456, Municipal Building. Questions about the content of the
proposed regulation should be directed to the Office of Community Planning, 853-2344.
All parties in interest may appear on the above date and be heard on the question.
GIVEN under my hand this 30th day of April ,2000.
Mary F. Parker, City Clerk.
H:x, NOTICE\N-Z-NonconUs¢- 5-15-00
Mary F. Parker, CMC
City Clerk
CITY OF ROANOKE
Office of the City Clerk
June 11,2000
File #24-51
Sandra H. Eakin
Deputy City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 34839-060500 amending {}36.1-25, Definitions,
{}36.1-126, Permitted uses, {}36.1-145, Permitted uses, {}36.1-511, General requirements
for all day care centers, and {}36.1-512, Day care homes, of the Code of the City of
Roanoke (1979), as amended, to broaden the application of the zoning ordinance to
include day care homes in which care is provided for up to and including six children, to
reduce the amount of required outdoor play area for day care centers in all districts other
than residential districts, and to require that certain day care centers be at least 1,500 feet
apart. The abovereferenced measure was adopted by the Council of the City of Roanoke
on first reading on Monday, May 15, 2000, also adopted by Council on second reading on
Monday, June 5, 2000, and will be in full force and effect ten days following the date of its
second reading.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:Io
Attachment
pc:
The Honorable Diane McQ. Strickland, Chief Judge, Twenty-Third Judicial Circuit
of Virginia
The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Roy B. Willett, Judge, Twenty-Third Judicial Circuit of Virginia
C:~MyFiI~rUNE.5.WPD
Darlene L. Bu~ham
June 9,2000
Page 2
pc:
The Honorable Richard C. Pattisall, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia
The Honorable Julian H. Raney, Jr., Chief Judge, General District Court
The Honorable George W. Harris, Jr., Judge, General District Court
The Honorable Vincent A. Lilley, Judge, General District Court
The Honorable William D. Broadhurst, Judge, General District Court
The Honorable Jacqueline F. Ward Talevi, Judge, General District Court
The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic
Relations District Court
The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations
District Court
The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations
District Court
The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations
District Court
Evelyn Jefferson, Vice-President - Supplements, Municipal Code Corporation,
P. O. Box 2235, Tallahassee, Florida 32316
Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building,
Roanoke, Virginia 24011
Ronald S. Albright, Clerk, General Distdct Court
Patsy A. Bussey, Clerk, Juvenile and Domestic Relations Distdct Court
Peggy B. Stewart, Office of the Magistrate
Melvin L. Hill, Chair, City Planning Commission, 2545 Marr Street, N. W., #15F,
Roanoke, Virginia 24012
George C. Snead, Jr., Assistant City Manager for Community Development
Willard N. Claytor, Director, Real Estate Valuation
Evelyn S. Lander, Director, Department of Planning and Code Enforcement
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Acting Building Commissioner
Philip C. Schirmer, Acting City Engineer
Steven J. Talevi, Assistant City Attorney
Edward R. Tucker, City Planner
C:",MyFiles~JUNE5. WP D
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of June, 2000.
No. 34839-060500.
AN ORDINANCE amending §36.1-25, Definitions., subsection (5) of §36.1-126,
Permitted uses, subsection (6) of §36.1-145, Permitted uses, subsections (a) and (b) of §36.1-
511, General requirements for all day care centers, and subsection (a) of§36.1-512. Day care
homes., of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, to
broaden the application of the zoning ordinance to include day care homes in which care is provided
for up to and including six children, to reduce the amount of required outdoor play area for day care
centers in all districts other than residential districts, and to require that certain day care centers be
at least fifteen hundred (1,500) feet apart:
BE IT ORDAINED by the Council of the City of Roanoke that §36.1-25, Definitions,
subsection (5) of §36.1-126, Permitted uses, subsection (6) of §36.1-145, Permitted uses,
subsections (a) and (b) of §36.1-511, General requirements for all day care centers, and
subsection (a) of §36.1-512, Day care homes, of Chapter 36.1, Zoning, of the Code of the
City of Roanoke (1979), as amended, be, and are hereby, amended and reordained to read
and provide as follows:
Sec. 36.1-25. Definitions.
For the purpose of this chapter certain terms and words used herein
shall be defined as follows:
***
Day care home: A use in a single-family detached dwelling in which the
occupant provides preschool instruction and daytime care to no more than six
(6) children at any one time, who are unrelated to the operator, by blood,
marriage or adoption.
Sec. 36.1-126. Permitted uses.
The following uses shall be permitted as principal uses in the RM-2 district:
(5)
Day care centers with up to fifteen (15) children subject to the
requirements of section 36.1-510 et seq, and provided the use is
located no closer than fifteen hundred (1,500) feet to another day care
center.
§36.1-145. Permitted uses.
The following uses shall be permitted as principal uses in the RM-3 and
RM-4 districts:
(6)
Day care centers accessory to one or more multifamily dwellings of
fifty (50) dwellings or more, all of which are on the same tract,
subject to the requirements of section 36.1-510, et seq.
{}36.1-511. General requirements for all day care centers.
(a) All day care centers shall provide a minimum space of
twenty-five (25) square feet of designated common floor area per child for the
total number of children to be accommodated at such centers. The designated
common floor area shall consist only of those areas in which children sleep,
eat, receive instruction, or play, and shall not include hallways, kitchen areas,
restrooms, offices, closets or other storage areas.
(b) In addition, all day care centers shall provide an outdoor play
area for children to be accommodated at such centers. Outdoor play areas
shall be provided in accordance with the following requirements:
2
(1)
In all residential districts, day care centers shall provide a
minimum space of seventy-five (75) square feet of outdoor play
area per child for the total number of children to be
accommodated at such centers;
(2)
In all other districts, day care centers shall provide a minimum
space of seventy-five (75) square feet of outdoor play area for
each child to be allowed on the play area at any one time.
(3)
The outdoor play area shall be located on the same lot as the day
care center and shall be located no closer to any street than the
main building of the day care center;
(4)
All outdoor areas shall be fenced to provide a safe enclosure,
and pedestrian access to such outdoor play areas shall not
require the crossing of any vehicular right-of-way.
§36.1-512. Day care homes.
Day care homes shall conform to the following requirements:
(a) Day care homes shall be permitted to operate out of
single-family detached dwellings only;
ATTEST:
City Clerk.
H:\ORD-CA\O-ZON-DayCare-5-15-00 3
Roanoke City Department of Planning
and Community Development
Room 166, Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
(540) 853-2344 (Fax) 853-1230
Roanoke City Council
Regular Agenda Report
May 15, 2000
The Honorable David A. Bowers, Mayor and Members of City Council
Roanoke, Virginia
Subject:
Proposed amendments to Sections 36.1-25, 36.1-126, 36.1-145,
36.1-511, and 36.1-512, pertaining to the General Requirements for
Day Care Centers and Day Care Homes, of Chapter 36.1, Zoning, of
the Code of the City of Roanoke, (1979) as amended.
Background:
During the past year the City has received a number of inquiries from prospective day care
providers, regarding the City's zoning requirements for day care centers. The inquiries
included certain objections to the outdoor play area regulations as set forth in Section
36.1-511 (a), of the City's Zoning Ordinance, for day care centers, which they believe are
unduly excessive and more stringent than current State regulations (see below):
Section 36.1-511 (a) of the City Zoning Ordinance currently requires that all
day care centers shall provide "an outdoor play area at a ratio of seventy-five
(75) square feet per child for the number of children to be accommodated at
the facility."
Section 22VAC 15-30-380, Areas., of the Virginia Administrative Code
(VAC), sets out the requirements for outdoor play areas for licensed day care
centers, as follows: "when children are on the outdoor play area, at least 75
square feet of space per child shall be provided at any one time."
Planning Commission reviewed the proposed amendment at a public hearing on April 19,
2000. There was no one present to speak in favor of or in opposition to the proposed
amendment.
Considerations:
In the City's residential single-family and multi-family districts, day care centers, as principal
Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals
uses, or as uses permitted by special exception, are permitted as residential uses and only
at limited capacity levels. The maximum capacity for any such day care center is thirty (30)
children. At a ratio of 75 square feet per child, this would require an additional but
reasonable, land area of 2,250 square feet for an outdoor play area.
In the City's commercial and industrial districts, day care centers are permitted with no
limitation on capacity. These larger commercial day care centers frequently provide care
and instruction for 100 or more children, which under the City's current regulations would
require an outdoor play area of 7,500 square feet, or more. This would require an area
50% larger than the City's minimum lot standard (50'x 100')for a single-family structure.
A survey of twelve (12) of the City's larger day care centers was recently conducted. The
survey revealed that the larger commercial day care centers provide care and instruction
for children ranging in age from infants to approximately 12 years of age. Children at these
centers, for purposes of care, instruction and activities, are grouped by age and
educational levels. All of the day care centers surveyed advised that children are only
allowed on the outdoor play area in separate age groups and at different times of the day.
At no time are all of the children that are accommodated at such a facility allowed on the
play area at any one time.
The City's current requirements for day care centers have been carefully reviewed in
conjunction with the above described survey information and in context with certain other
zoning-related day care provisions. Consequently, the attached draft amendments are
being proposed to provide for the following changes:
(1)
Section 36.1-25, Definitions, currently defines a day care center as "A use
in a single-family detached dwelling in which the occupant provides
preschool instruction and day time care to no less than four (4) and no more
than six (6) children who are not related to the operator." All day care homes
to be operated as profit-making enterprises are required to be licensed to
provide such services and are subject to the zoning requirements of the City.
The current definition in this section setting a minimum limitation of"no less
than four" therefore has no real meaning or purpose. The definition has
been revised to delete the words "no less than four (4)."
(2)
Section 36.1-511, General requirements for day care centers, to provide an
outdoor play area at a ratio of seventy-five (75) square feet per child for the
number of children to be accommodated at the facility" should be retained for
day care centers in residential districts, but should be amended for day care
centers in all other districts, to read and provide as follows:" In all other
districts, day care centers shall provide a minimum space of seventy-five
square feet of outdoor play area for each child to be allowed on the play area
at any one time."
(3) Section 36.1-512, Day care homes, begins with the statement" In addition
2
to the requirements set forth in Section 36.1-511, day care homes shall
conform to the following requirements:" This statement erroneously infers
that day care homes are subject to the same requirements that apply to day
care centers. This statement should be deleted.
(4)
In subsection (5) of section 36.1-126, Permitted uses, the separation
requirement of fifteen hundred (1,500) feet, between day care centers should
be added. This requirement has long existed in the Residential Single-
Family, (RS-3), and Residential Multi-Family (RM-1) Districts, but had been
inadvertently omitted from Section 36.1-126, Residential Multi-Family,
Medium Density (RM-2) District.
(5)
In subsection (6) of Section 36.1-145, Permitted uses, in the RM-3 and RM-4
district regulations, day care homes are currently listed as permitted principal
uses. Single-family detached dwellings, which would be necessary for the
operation of such day care homes, however, are not listed in the RM-3 or
RM-4 district regulations as permitted uses. This subsection should
therefore be deleted.
Recommendation:
By a vote of 7-0, the Planning Commission recommends approval of the attached
proposed amendments to Chapter 36.1, Zoning, of the Code of the City of Roanoke,
(1979) as amended, regarding day care centers and homes.
Respectfully submitted,
Melvin L. Hill, Chairman
Roanoke City Planning Commission
Attachments
cc: Darlene Burcham, City Manager
Steven Talevi, Assistant City Attorney
Report author: Edward R. Tucker
PROPOSED ZONING ORDINANCE AMENDMENTS
Purpose/explanation:
In response to a number of business inquiries, the Office of Economic Development
& Grants requested that the Planning Department review the City's zoning
regulations pertaining to certain spatial requirements for outdoor play areas for day
care centers. The request was based on the contention that the city's current
regulation requiring a space within an outdoor play area of 75 square feet per child
for the total number of children to be accommodated at the facility, was too stringent,
and in fact, exceeded the Virginia Administrative Code (VAC) requirements as set
by the Commonwealth of Virginia.
Amend Section 36.1-25, Definitions, Section 36.1-511, General requirements for all
day care centers, Section 36.1-512 Day care homes, Section 36.1-126, Permitted
uses, and Section 36.1-145 Permitted uses, by adding the following underlined text
and deleting the stricken text:
Section 36.1-25. Definitions.
Day care home: A use in a single-family detached dwelling in which the
occupant provides preschool instruction and daytime care to-r~r-tess
'"-- ' .... '"' --" (6)
,, ,o,, ,,.,,., ~-,j o, ,,., no more than six children at any one time, who are
not unrelated to the operator, by blood, marriage or adoption.
Section 36.1-511. General requirements for all day care centers.
(a)
All day care centers shall
~,~ ,~u,,o~, to provide a-ratio-of a
minimum space of twenty-five (25) square feet of designated
common floor area per child in conjunction--'='~-
vv,,,, ~n outdoor fenced
number of children ' '-A
number of children to be accommodated at such centers The
designated common floor area shall be-that consist only of those
areas in which eH children sleep, eat, receive instruction, or play,
and shall not include hallways, kitchen areas and b~,throoms.,
restrooms, offices, closets or other storage areas.
(b)
/'N..1..,.I ....I ......... I-.~11 I,,.~ __ I
CJI ~:2CJ,.'N OI lC;Ill U~:;; I Ig ~.,IgO~:~l tg ILl lC Oil ~:2;~:~l, %1 ICJl I ti lC I I ICJll I
~'~',,~,,, ,~ cj, ,,~ o, ,CJ,, ~,~ ,~, ,~.~,-, ,,., provide CJ oCJ,~ 6r;cJosure for the
¢titdrefl. In addition, all day care centers shall provide an outdoor
play area for children to be accommodated at such centers.
Outdoor play areas shall be provided in accordance with the
following requirements:
In all residential districts, day care centers shall provide a
minimum space of seventy-five (75) square feet of outdoor
play area per child for the total number of children to bo
accommodated at such centers;
In all other districts, day care centers shall provide a
minimum space of seventy-five (75) square feet of outdoor
play area for each child to be allowed on the play area at
any one time.
The outdoor play area shall be located on the same lot as
the day care center and shall be located no closer to any
street than the main building of the day care center.
All outdoor play areas shall be fenced to provide a safo
enclosure, and pedestrian access to such outdoor play
areas shall not require the crossing of any vehicular right-of
way.
Section 36.1-512. Day care homes.
CJuu,,,,.,,, ,,., ,,,o requlremer;t$ o~, out ir; --- "-- °~
o~,,,,~,, .,,,.I-51 I, d_Day care
homes shall conform to the following requirements:
(a)
Day care homes shall be permitted to operate out of a-single-
family detached dwellings only;
Section 36.1-126. Permitted uses.
(5)
Day care centers with up to fifteen (15) children subject to the
requirements of section 36.1-510 et seq., and provided the use is
located no closer than fifteen hundred (1,500) feet to another day
care center.
Section 36.1-145. Permitted uses.
IJCIjV UCIi ~:; I IUIIIC;O, ouuJ~;UL LU LII~; It;ClUlIC:III~I ILO UI O~;;ULIL./I I q./~J. I-,,..7 I~J,
(6) Day care centers accessory to one or more multifamily dwellings of
fifty (50) dwellings or more, all of which are on the same tract, subject to
the requirements of section 36.1-510, et seq.
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
ROANOKE CITY CLERK'S
215 CHURCH AVE SW RM
ATT: MARY PARKER, CL
ROANOKE VA 24011
REFERENCE: 80023382
01407388 NOTICE OF PUBLIC HE
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Virginia.
Sworn and subscribed before me this I~~ day
of May 2000. Witness my hand and official seal.
~_~~~' , Notary Public
My commission expires /~
NOTICE OF PUBUC HEARING
TO WHOM IT MAY CONCERN:
Pursuant to the provis~ns of
§15.2-2204, Code of Virginia
(1950), as amended, the Coun-
cil of the City of Roanoke will
hold a Public Hearing on Mon-
day, May 15, 2000, at 7:00
p.m., or as soon thereafter as
the Council Chamber in the
Municipal Bu~lding, 215 Chumh
Avenue, $.W., in order to con-
s~ck~ an amendment and re~-
~Joo to Chapter 36.1, Zenln~
Code of the City of Roanoke
(1979), as amended.
The proposed amendment
tio~.~ of Chapter 36.1, ZONING,
of the Cede of the C~ of
Roanoke (1979), as amended:
~36.1-25, DEFINItiONS, ~36.1-
~26, PERMIT[ED USES, ~6.1-
145, PERMITTED USES, ~36.1.
511, GENERAL RE(~UIREMERTS
FOR ALL DAY CARE C~,
end §36.1-512, DAy CARE
HOMES, to broaden the apali-
catis~ of the zonin~ ordinance
to include clay care hames in
wNch cere is provided for up to
and Inclndin~ six eNIdren, th
reduce the arnooat of requir~l
outdoor play area for day care
centers In all diatHcts other
than realdential cllst~cts, end
to require that certain day care
i dred (1,500) feet apart. A
copy of said prop~encl ame~l-
merit is available for review in
the Office of the City Clerk,
Room 456, Municipal Builclin~
~e~t~or~ aboot the coot~mt of
the proposed reguledon should
he directed to the Office of
Community Planning,
853-2344.
All pa~as in Interest may
appear on the above date and
be hoord oo the quent]on.
GIVEN under my hand this 30th
day of N~IL, 2pO0.
Mar~ F. Pa~ker, City Clerk
(1407388) 1
PUBLISHED ON: 04/30 05/07
TOTAL COST: 253~R.9
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Pursuant to the provisions of § 15.2-2204, Code of Virginia (1950), as amended, the Council
of the City of Roanoke will hold a Public Hearing on Monday, May 15, 2000, at 7:00 p.m., or as soon
thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 Church
Avenue, S.W., in order to consider an amendment and revision to Chapter 36.1, Zoning, Code of the
City of Roanoke (1979), as amended.
The proposed amendment would amend the following sections of Chapter 36.1, Zoning, of
the Code of the City of Roanoke (1979), as amended: §36.1-25, Definitions, §36.1-126, Permitted
uses, §36.1-145, Permitted uses, §36.1-511, General requirements for all day care centers, and
§3 6.1-512, Day care homes, to broaden the application of the zoning ordinance to include day care
homes in which care is provided for up to and including six children, to reduce the amount of required
outdoor play area for day care centers in all districts other than residential districts, and to require that
certain day care centers be at least fifteen hundred (1,500) feet apart. A copy of said proposed
amendment is available for review in the Office of the City Clerk, Room 456, Municipal Building.
Questions about the content of the proposed regulation should be directed to the Office of Community
Planning, 853-2344.
All parties in interest may appear on the above date and be heard on the question.
GIVEN under my hand this 30ttday of April ,2000.
H:'uNOTICE'uN-Z-DayCarc-5-15-00
Mary F. Parker, City Clerk.
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 - 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
June 11,2000
File ff467
SANDRA H. EAKIN
Deputy City Clerk
Melinda J. Payne, Chair
Roanoke City School Board
301 Rutherford Avenue, N. W.
Roanoke, Virginia 24016
Dear Ms. Payne:
At a regular meeting of the Council of the City of Roanoke which was held on' Monday,
June 5, 2000, Council Member Wyatt advised that information was previously provided by
the Roanoke City School System in regard to certain computers presently in use in City
school class rooms. She requested additional information in regard to the number of
current PC Power Mac and Imac computers in use in each City school for comparison
purposes.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:Io
pc: Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools
Richard L. Kelley, Assistant Superintendent for Operations, Roanoke City Public
Schools
Cindy H. Lee, Clerk, Roanoke City School Board
C:X,My FiI~B'LII~5 .WP D
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 - 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
June 11, 2000
File ff,467
Melinda J. Payne, Chair
Roanoke City School Board
301 Rutherford Avenue, N. W.
Roanoke, Virginia 24016
Dear Ms. Payne:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
June 5, 2000, Council Member Wyatt referred to a telephone call from a parent pertaining
to a recent article regarding test scores from the Governors School, which test scores are
sent directly to the home school of the student; i.e.: if the student is from Botetourt County
the test score goes to the Botetourt County School. However, she advised that under the
City's PLATO Program, test scores are attributed to the PLATO School rather than to the
home school of the student, which is beginning to have an adverse impact on certain
schools in their accountability and accreditation under the Standards of Learning. She
inquired as to whether the test score can be attributed to the home school of the student,
otherwise an unfair advantage is provided to those schools that are PLATO Schools.
The inquiry was referred to Roanoke City Public School Officials for response.
Sincerely, ~
Mary F. Parker, CMC
City Clerk
MFP:Io
pc: Dr. E. Wayne Hards, Superintendent, Roanoke City Public Schools
Richard L. Kelley, Assistant Superintendent for Operations, Roanoke City Public
Schools
Cindy H. Lee, Clerk, Roanoke City School Board
C :XMyFilesXJUlqE$ .WI~D
COMMONWEALTH OF VIRGINIA
CITY Of ROANOKE
)
) To-wit:
)
I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of
Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of
Council which was held on the 5th day of June, 2000, PATRICK B. SHUMATE was
reappointed as a member of the Youth Services Citizen Board for a tbrm ending May 31,
2003.
Given under my hand and the Seal of the City of Roanoke this 12th day of June,
2000.
City Clerk
C:qVIyFiI~JNES.WI~D
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
)
) To-wit:
)
I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of
Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of
Council which was held on the 5th day of June, 2000, ELVAH D. TAYLOR was reappointed
as a member of the Youth Services Citizen Board for a term ending May 31,2003.
Given under my hand and the Seal of the City of Roanoke this 12th day of June,
2000.
City Clerk
C :'~VIyFile~UUNF.5. VO D
COMMONWEALTH Of VIRGINIA
CITY OF ROANOKE
)
) To-wit:
)
I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of
Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of
Council which was held on the 5th day of June, 2000, THOMAS M. WINN, III, was
reappointed as a member of the Youth Services Citizen Board for a term ending May 31,
2003.
2000.
Given under my hand and the Seal of the City of Roanoke this 12th day of June,
City Clerk
C :'~4yFiles'~dl~IE 5. W~D