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HomeMy WebLinkAboutCouncil Actions 10-15-02ROANOKE CITY CO UNCIL REGULAR SESSION OCTOBER 15, 2002 2:00P. M. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL CARDER 36090-101502 Call to Order--Roll Call. (Vice-Mayor Harris was absent.) The Invocation was delivered by The Reverend Delmar L. Jackson, II, Senior Pastor, Abundant Grace Assembly. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Ralph K. Smith. Welcome. Mayor Smith. NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's meeting will be replayed on Channel 3 on Thursday, October 17, 2002, at 7:00 p.m., and Saturday, October 19, 2002, at 4:00 p.m. Council meetings are now being offered with closed captioning for the hearing impaired. 1 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, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., OR CALL 853-2541. THE CITY CLERK'S OFFICE NOW PROVIDES THE MAJORITY OF THE CITY COUNCIL AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT WWW.R.OANOKEGOV.COM, CLICK ON THE ROANOKE CITY COUNCIL ICON, CLICK ON MEETINGS AND AGENDAS, AND DOWNLOAD THE ADOBE ACROBAT SOFTWARE TO ACCESS THE AGENDA. ALL PERSONS WISHING TO ADDRESS COUNCIL ARE REQUESTED TO REGISTER WITH THE STAFF ASSISTANT WHO IS LOCATED AT THE ENTRANCE TO THE COUNCIL CHAMBER. ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH, HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLOTTED THREE MINUTES. ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITTEE IS REQUESTED TO CONTACT THE CITY CLERK'S OFFICE AT 853-2541, OR ACCESS THE CITY'S HOMEPAGE AT WWW.ROANOKEGOV.COM, TO OBTAIN AN APPLICATION. 2. PRESENTATIONS AND ACKNOWLEDGMENTS: ge C-1 C-2 Proclamation declaring October 25 - November 3, 2002 as Red Ribbon Week. File #3-76-304 Proclamation declaring Sunday, October 27, 2002, as "Change Your Clock, Change your Battery" Day. File #3-70-354 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. Minutes of the work session of City Council held on Monday, July 29, 2002; and the regular meeting of City Council held on Tuesday, September 3, 2002. RECOMMENDED ACTION: Dispense with the reading thereof and approve as recorded. A communication from Mayor Ralph K. Smith requesting a Closed Meeting to discuss the Citizen of the Year Award, pursuant to Section 2.2- 3711 (A)(10), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in the request. File #80-132 C-3 A communication from James P. Armstrong tendering his resignation as a member of the Roanoke Neighborhood Parmership Steering Committee, effective October 18, 2002. RECOMMENDED ACTION: File #15-110-488 Accept the resignation and receive and file the communication. C-4 Qualification of the following persons: Kyle G. Ray as a member of the Architectural Review Board, for a term ending October 1, 2002; Paul P. Anderson and Mark E. Feldmann as members of the Roanoke Civic Center Commission, for terms ending September 30, 2005; E. W. Tibbs as a member of the City of Roanoke Transportation Safety Commission, for a term ending October 31, 2004; and Efren T. Gonzalez as a member of the Board of Trustees, City of Roanoke Pension Plan, for a term ending June 30, 2006. RECOMMENDED ACTION: Receive and file. File #15-110-192-249-316-429 REGULAR AGENDA 4. PUBLIC HEARINGS: NONE. 5. PETITIONS AND COMMUNICATIONS: NONE. 4 6. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: Neighborhood Selection Task Force Timeline. (10 minutes) Withdrawn. ITEMS RECOMMENDED FOR ACTION: A communication recommending execution of a contract for an Operational Medical Director for Fire-EMS, to provide medical oversight for provision of pre-hospital care. Adopted Resolution No. 36090-101502. (6-0.) File #70-354 A communication in connection with a Parking Lot Management Agreement between the City of Roanoke and the City of Roanoke Redevelopment and Housing Authority, with regard to the Bullitt Avenue and Church Avenue Surface Parking Lots; adoption of parking fees to be charged at Salem Avenue, Church Avenue and Bullitt Avenue Surface Parking Lots; and an Amendment to the Contract for Management and Operation Services between the City of Roanoke and Lancor Parking, L.L.C., regarding certain parking facilities. Adopted Resolution Nos. 36091-101502 and 36092-101502, and Ordinance No. 36093-101502. (6-0.) File #178-553 5 A communication recommending approval of substantial targeting of the City's HUD funds to one or more of block groups within each of the Gainsboro, Hurt Park, Washington Park, Loudon-Melrose, Old Southwest and Gilmer/Northwest Neighborhood Environmental Organization neighborhoods. Adopted Resolution No. 36094-101502. (6-0.) File #68-165-178-236 o A communication recommending execution of the 2002-03 Combined Community Development Block Grant and HOME' Investment Partnerships Program Agreement with Blue Ridge Housing Development Corporation. Adopted Resolution No. 36095-101502. (6-0.) File #200-335-178-236 o A communication recommending execution of the 2002-03 Combined Community Development Block Grant and HOME- funded Agreement with the City of Roanoke Redevelopment and Housing Authority. Adopted Resolution No. 36096-101502. (6-0.) File #178-200-236 o A communication recommending authorization toallow community groups, volunteers, and such other entities as may be deemed appropriate to undertake the Storm Drain Stenciling Project. Adopted Resolution No. 36097-101502. (6-0.) File #27 6 o A communication with regard to acceptance of funds from the United States Department of Health and Human Services for the Runaway and Homeless Youth Act Outreach Program, and appropriation of funds in connection therewith. Adopted Budget Ordinance No. 36098-101502 and Resolution No. 36099-101502. (6-0.) File #22-60-72-304 A communication with regard to amendment agreement for the Human Services Building. Withdrawn. to the lease 10. A communication with regard to a joint use agreement between the City of Roanoke and the Roanoke City Schools for use of Breckinridge Middle School Fitness Facility, for a period of five years, effective October 1, 2002. Adopted Resolution No. 36100-101502. (6-0.) File #467 11. A communication recommending acceptance of the bid submitted by S. R. Draper Paving Co., for construction of various curbs, gutters and sidewalks, in the amount of$134,995.50, rejecting all other bids received by the City, and appropriation of funds in connection therewith. Adopted Budget Ordinance No. 36101-101502 and Ordinance No. 36102-101502. (6-0.) File #57-60 7 b. CITY ATTORNEY: A report recommending amendment of Article II, Solicitations for Charitable Purposes, Chapter 28, Solicitations, Code of the City of Roanoke (1979), as amended, to require all charitable organizations conducting charitable solicitations in the City of Roanoke to obtain a permit from the City Manager. Adopted Ordinance No. 36103-101502. (6-0.) File #24-169-328 A report in connection with a conditional permit to allow encroachment of a basketball goal approximately three feet into the public right-of-way in front of property located at 3745 Forest Road, S. W., and repealing Ordinance No. 35959-070102. Adopted Ordinance No. 36104-101502. (6-0.) File #166-169 7. REPORTS OF COMMITTEES: ao A report of the Roanoke City School Board requesting appropriation of funds to various school accounts; and a report of the Director of Finance recommending that Council concur in the request. Richard L. Kelley, Assistant Superintendent of Operations, Spokesperson. Adopted Budget Ordinance No. 36105-101502. (6-0.) File #60-467 8. UNFINISHED BUSINESS: NONE. 8 9. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ao A resolution reappointing Dennis R. Cronk as a Director on the Board of Directors of the Industrial Development Authority of the City of Roanoke, for a term of four years commencing October 21, 2002, and ending October 20, 2006. Adopted Resolution No. 36106-101502. (6-0.) File #207 bo A resolution reappointing Stark H. Jones as a Director on the Board of Directors of the Industrial Development Authority of the City of Roanoke, for a term of four years commencing October 21, 2002, and ending October 20, 2006. Adopted Resolution No. 36107-101502. (6-0.) File #207 10. MOTIONS AND MISCELLANEOUS BUSINESS: ao Inquiries and/or comments by the Mayor, Vice-Mayor and Members of City Council. Council Members Bestpitch and Wyatt expressed appreciation for the opportunity to participate in the Leadership Trip to Charleston, South Carolina, which was held October 6-8, 2002. File #132 bo Vacancies on various authorities, boards, commissions and committees appointed by Council. 11. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. Mr. Robert Gravely, 617 Hanover Avenue, N. W., spoke with regard to affordable housing in the City of Roanoke. File #178 12. CITY MANAGER COMMENTS: The City Manager commended the Mayor and Members of Council for taking time out of their busy schedules to attend the Leadership Trip to Charleston, South Carolina, on October 6-8, 2002. She advised that the Planning Retreat on Thursday, October 17, will provide an opportunity for Council Members to discuss the City of Roanoke's Comprehensive Plan in more detail. File #132-200 The City Manager referred to a report and recommendations from the Wildlife Task Force, copy of which was previously forwarded to the Members of Council. She advised that additional work is needed before a staff recommendation is submitted to Council, and presented copy of a communication which was forwarded to the Task Force requesting that it reconvene and produce supporting statistics. She further advised that certain members of the Task Force have resigned and asked that Council Members submit recommendations for replacements by Friday, October 18. File #54 10 In conjunction with the celebration of Halloween on October 31, the City Manager advised that activities will be held at the Roanoke Civic Center for children under 12 years of age. File #192-304 The meeting was declared in recess for one closed session. CERTIFICATION OF CLOSED SESSION. (6-0) THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL 5:00 P.M., FOR A JOINT MEETING OF CITY COUNCIL AND THE CITY OF ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY IN ROOM 159, NOEL C. TAYLOR MUNICIPAL BUILDING. 11 CITY COUNCIL~CITY OF ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY JOINT MEE TING OCTOBER 15, 2002 5:00P. M. EMERGENCY OPERA TIONS CENTER CONFERENCE ROOM AGENDA o o Call to Order. Roll Call by the City of Roanoke Redevelopment and Housing Authority. Welcome. Mayor Ralph K. Smith. Invocation/Dinner. Opening Remarks. Project Updates: mo bo Mayor Ralph K. Smith and Chairman Ben J. Fink. South Jefferson Redevelopment Area (Riverside Centre). Commissioner Christie L. Meredith. Eight Jefferson Place (GOB South). Commissioner Joseph F. Lynn. 12 o 10. 11. c. Lincoln 2000. Commissioner Carolyn N. Bumbry. Roanoke Redevelopment and Housing Authority History, Vision and Roles. Chairman Fink. Summarization. Chairman Fink. Remarks by City Council Members and the City Manager. Remarks by City of Roanoke Redevelopment and Housing Authority Commissioners and the Executive Director. Other Business. THE CITY COUNCIL MEETING WAS DECLARED IN RECESS TO BE RECONVENED AT 7:00 P.M., IN THE CITY COUNCIL CHAMBER, FOURTH FLOOR, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., CITY OF ROANOKE. 13 ROANOKE CITY CO UNCIL REGULAR SESSION OCTOBER 15, 20O2 7:00P. M. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order-- Roll Call. (City Council) (City Planning Commission) (Vice-Mayor Harris and Council Member Dowe were absent.) The Invocation was delivered by Mayor Ralph K. Smith. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Smith. Welcome. Mayor Smith. NOTICE: Tonight's meeting will be televised by RVTV Channel 3 to be replayed on Thursday, October 17, 2002, at 7:00 p.m., and Saturday, October 19, 2002, at 4:00 p.m. Council meetings are now being offered with closed captioning for the hearing impaired. 14 Ae PUBLIC HEARINGS: Joint public hearing by the City Council and the City Planning Commission on an amendment to Sections 36.1-393, Standards for new construction, 36.1-403, Front yard requirements for infill developments, and 36.1-428, General standards, Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended, to provide standards for a new dwelling, a new accessory building, or an expansion of an existing dwelling in the ND, Neighborhood Design District overlay, to establish the depth of front yards, and to establish parking requirements in the ND District. Christopher L. Chittum, Senior Planner, Spokesperson. An ordinance was tabled until the regular meeting of Council on Monday, November 4, 2002, at 2:00 p.m. File #51 Joint public hearing by the City Council and the City Planning Commission on a request of the City Planning Commission that properties located within the Melrose Rugby neighborhood generally bounded by Interstate 581, Lick Run and Andrews Road on the north, Melrose and Orange Avenues on the south, Tenth Street on the east, and Lafayette Boulevard on the west, be zoned ND, Neighborhood Design District overlay. Christopher L. Chittum, Senior Planner, Spokesperson. An ordinance was tabled until the regular meeting of Council on Monday, November 4, 2002, at 2:00 p.m. File #51 o Public hearing on the request of Larry J. Conner and Rhonda S. Conner that a parcel of land containing 0.158 acre, described as 547 Campbell Avenue, S. W., Official Tax No. 1112510, be rezoned from LM, Light Manufacturing District, to C-l, Office District, subject to certain conditions proffered by the petitioner. Maryellen F. Goodlatte, Attorney, Spokesperson. Adopted Ordinance No. 36108-101502. (5-0.) File #51 15 Public hearing on the request of the Roanoke City School Board for passage of a resolution, or resolutions, approving issuance by the City of Roanoke of its general obligation bonds, in an amount estimated not to exceed $800,000.00, for the purpose of financing certain rehabilitations, repairs and/or equipment in connection with Lincoln Terrace Elementary School. George J. A. Clemo, Attorney, Spokesperson. Adopted Resolution No. 36109-101502. (5-0.) File #53-467-472 Public hearing on a request of the City of Roanoke that Vision 2001- 2020, the City's Comprehensive Plan, be amended to include the Southern Hills Neighborhood Plan as an element of said Plan. Christopher L. Chittum, Senior Planner, Spokesperson. Adopted Resolution No. 36110-101502. (5-0.) File #165 Continuation of a public hearing in connection with a proposal of the City of Roanoke to vacate an existing water line easement located on privately owned property in exchange for a relocated easement to be dedicated to the City of Roanoke; and thereafter, the City of Roanoke proposes to quitclaim a portion of the new easement to the Virginia Department of Transportation, in connection with development of Kingston Estates, a new subdivision located in Roanoke County. Darlene L. Burcham, City Manager, Spokesperson. Adopted Ordinance No. 36111-101502. (5-0.) File #28-68-252-268-316-468 B. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. 16 THE COUNCIL MEETING WAS DECLARED IN RECESS TO BE RECONVENED ON THURSDAY, OCTOBER 17, 2002, AT 9:00 A.M., AT BERNARD'S LANDING RESORT AND CONFERENCE CENTER, 775 ASHMEADE ROAD, MONETA, VIRGINIA, FOR THE CITY COUNCIL'S PLANNING RETREAT. AT THE CONCLUSION OF THE COUNCIL'S PLANNING RETREAT, THE MEETING WILL BE RECESSED UNTIL FRIDAY, OCTOBER 18, 2002, AT 12:00 NOON, COVINGTON CITY HALL, 333 WEST LOCUST STREET, COVINGTON, VIRGINIA, FOR A MEETING OF THE REGIONAL LEADERSHIP SUMMIT. 17 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times~ ....................................... ~.~%--~ ~z~.- ,i-~. .%~ ........................... ~ ' ' .... I IN ~E ~UNCIL ~ ~E 3, ~ any r~la~ ~- '02 -9 P 3:2 ] ROANOKE CITY CLERK'S 215 CHURCH AVE SW RM ATT: MARY PARKER, CL ROANOKE VA 24011 35958-070102 REFERENCE: 80023382 02002107 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 Virainia. Sworn and subscribed before me this _C~- day of October 2002. Witness my hand and official seal. PUBLISHED oN: 10/08 CITt' OF ROANOKE, VIRGINL~, The 1st day of July, 2002. Ho. 3SOSL0;0102, A RESOLUTION establishing a meeting schedule for City Council for the Fiscal Year commencing July 1, 2002, and termioa~ng June 30, 2003. 8E IT RESOLVED by the Council of the 'City of Roanoke as follows: 1. This resolution establishes a schedule of regular .mon~ngs for 'City Council for the Fiscal Year commencing July 1, 2002, and terminating June 30, 2003. 2. For such fiscal year, except for the month of October, when regular meetings shall be held on October I and on October 15, CityConncil shall hold reg- ular meetings on the flint, third and fifth Mondays of each month, at the following times Of comnlenoam~ltt: (a) .Unless otherv~se provided by resolution of Council, each regular meeting on the first Monday in each month and on Octo~or 1 *shall commence at 12.'.15 p.m. fo~ the conduct of Informal mestings, work ses- sions or closed meetings. Thereafter CoUncil shall take up the regular ngonda at 2:00 p.m. Council may recess between the 12:15 p.m. ses- sion and the 2'.00 p.m. session. (b) Unless othew~ise provided by resolution of Council, each regular meeting on the third Monday in each month and on October 15 shall commence at 2:00 p.m for the conduct of regular business. ~ second meeting of each month shall be rece-~<l upon the completion of all business except the con- duet of public hearings, and such n~eeting .shall be recon- veoad at 7:00 p.m. on the same day for the conduct of public hearings. (c) Uniss~ ot~ew~se provided · by resolution of Council, the meetln~ of Council held on each ~fth Monday of a month shall commmtoa at, 12:15 p.m., briefings by tim City Maoagur, repofto of Council members san4ng In liaison capacities on vmlous committees and for* planning purposes. uled Monday meeting allall fall on a ho#day of tho CIb' such meeting shill ho held on Tues- day next fallov~n~ 4. ~, m~j~'of C~ Counci,' shall be automatically adjourned st 11:00 p.m., unless a mndon setting a new time for adj(mmmant be made, seconded and unanimously 5. All regular meatlngs of City Couanll shall be hold In the of the Monlcipal Building In this 6. City Council'may prescribe a day or time other than tlmt sstablish~ ~Y mm. recolutm~- or s meeting place other than tion by adoption of a rssolution estadllshlng a new meeting day, place or time. City CoUncil shall cause a copy of such res- o~uflon to be pe~md adjacent to .the door of the Council Chambem and instated In a rmwspaper hm4ng gsnend cir- cula'don In the City at least s4~ve~ days I~dor to the date of the meeting at such amandad 7. This Resolution shall have no ad~k~0n to ~cm meet- suant to §10 of the City Charter. ATTEST: Mary Parker, CIt~ Clerk. (2002107) TOTAL COST: 303.60 FILED ON: 10/08/02 Authorized Signature: , Billing Services Representative Office of the Mayo r CITY OF ROANOKE WHEREAS, the RED RIBBON CAMPAIGN was initiated in 1985 by the Virginia Federation of Communities for Drug-Free Youth; and WHEREAS, the red ribbon was designated as the symbol of intolerance of illegal drug use and a commitment to a drug-free life style; and WHEREAS, RA YSA C (Roanoke Area Youth Substance Abuse Coalition) and Blue Ridge Community Services will demonstrate their commitment to a drug-free community by urging the citizens of Roanoke to display RED, in the form of banners, ribbons worn as lapel pins, ribbons placed on car antennas, and red bows placed on mail boxes or on front doors; and WHEREAS, a Candlelight Vigil will be held at The Hotel Roanoke and Conference Center on Sunday, November 3, 2002, to remember those whose lives have been affected by substance abuse. NOW, THEREFORE, L Ralph K. Smith, Mayor of the City of Roanoke, Virginia, do hereby proclaim October 25 - November 3, 2002, throughout this great All-America City, as RED RIBBON WEEK. Given under our hands and the Seal of the City of Roanoke this fifieenth day of October in the year two thousand and two. ATTEST: Mary F. Parker Ralph K. Smith City Clerk Mayor Office of the Mayor CITY OF ROANOKE WHEREAS, an average of nearly three children die each day in home fires; and WHEREAS, eighty percent of fire deaths involving chddren occur in homes without worla'ng smoke alarms; and WHEREAS, by providing early warning and critical extra seconds to escape, smoke alarms double a family's chances of getting out ora home fire alive -- but only if they work; and WHEREAS, Roanoke Fire-EMS has joined with the International Association of Fire Chiefs and Energizer to remind citizens to change the batteries in smoke alarms when they change the time on their clocks back to standard time on October 27, 2002. NOW, THEREFORE, I, Ralph K. Smith, Mayor of the City of Roanoke, Virginia, encourage all citizens to educate their fellow citizens and their loved ones on the vital importance of working smoke alarms in protecting families against the devastating effects ofhome fires, and do hereby proclaim Sunday, October 27, 2002, throughout this great All-America City, as "CHANGE YOUR CLOCK, CHANGE YOUR BATTERY" DAY. Given under our hands and the Seal of the City of Roanoke this fifleenth day of October in the year two thousand and two. ATTEST: Mary F. Parker Ralph K. Smith City Clerk Mayor C-! WORK SESSION ..... ROANOKE CITY COUNCIL July 29, 2002 12:20 p.m. Pursuant to Resolution No. 35958-070102, adopted on July 1, 2002, a work session of Roanoke City Council was called to order on Monday, July 29, 2002, at 12:20 p.m., in the Emergency Operations Center Conference Room, Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, by Vice-Mayor C. Nelson Harris. PRESENT: Council Members William D. Bestpitch, William H. Carder, M. Rupert Cutler, Alfred T. Dowe, Jr. (arrived at 12:25 p.m.); C. Nelson Harris, Linda F. Wyatt and Mayor Ralph K. Smith (arrived during the Closed Session) ........ -7. ABSENT: None ................................................................................... 0. OFFICERS PRESENT: Darlene L. William M. Hackworth, City Attorney; Jesse A. Stephanie M. Moon, Deputy City Clerk. Burcham, City Manager; Hall, Director of Finance; and Vice-Mayor Harris advised that due to a previous commitment, Mayor Smith would be late arriving for the meeting. CITY COUNCIL: A communication from the City Manager requesting that Council convene in Closed Session to discuss acquisition of real property for public purpose, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the City, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended, was before the body. Ms. Wyatt moved that Council concur in the request of the City Manager to convene in Closed Session to discuss acquisition of real property for public purpose, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the City, pursuant to Section 2.2-3711 (A)(3) Code of Virginia (1950), as amended. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Wyatt and Vice- Mayor Harris ................................................................................................. --6. NAYS: None ........................................................................................ 0. (Mayor Smith had not arrived when the vote was recorded.) CITY COUNCIL: A communication from the City Manager requesting that Council convene in Closed Session to discuss acquisition of real property for public purpose, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the City, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended, was before the body. Ms. Wyatt moved that Council concur in the request of the City Manager to convene in Closed Session to discuss acquisition of real property for public purpose, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the City, pursuant to Section 2.2-3711 (A)(3) Code of Virginia (1950), as amended. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Wyatt and Vice- Mayor Harris .................................................................................................... -6. NAYS: None ........................................................................................ 0. (Mayor Smith had not arrived when the vote was recorded.) CITY COUNCIL: A communication from the City Manager requesting that Council convene in Closed Session to discuss disposition of publicly-owned property, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended, was before the body. Ms. Wyatt moved that Council concur in the request of the City Manager to convene in Closed Session to discuss acquisition of real property for public purpose, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the City, pursuant to Section 2.2-3711 (A)(3) Code of Virginia (1950), as amended. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Wyatt and Vice- Mayor Harris ................................................................................................... --6. NAYS: None ........................................................................................ 0. (Mayor Smith had not arrived when the vote was recorded.) At 12:25 p.m., the Vice-Mayor declared the meeting in recess. At 3:15 p.m., the meeting reconvened, with Mayor Smith presiding, and all members of the Council present, with the exception of Vice-Mayor Harris. BRIEFINGS BY THE CITY MANAGER: TOTAL ACTION AGAINST POVERTY: The City Manager advised that during the 2002-03 budget study sessions, Council requested City staff to study the Dumas Hotel proposal, in conjunction with the South Henry Street Area Plan, and to brief Council with formal presentations. She further advised that the Gainsboro Neighborhood Plan, which would be forthcoming for adoption as a part of the Comprehensive Plan, would include an element of the South Henry Street Plan. She stated that the City had invested a sufficient amount of funds for various improvements in the south Henry Street area. The City Manager introduced Barry L. Key, Director, Management and Budget, to present an overview of the Dumas Center for Artistic Development Project - Phase II. She also called attention to the proposed Dumas Center model that was on display. Mr. Key highlighted the following: Project Summary: Phase II includes construction of a 300-seat auditorium and performance stage on the second floor, and a state-of-the-art recording studio, rehearsal rooms, and study area for the Downtown Music Lab on the third floor. The first floor will include exhibit space for the Harrison Museum of African American Culture and space for community meetings, receptions, etc. The auditorium and performance stage will be home for the Dumas Guild and Downtown Music Lab, and will also host a range of other performances and concerts. The renovated Center will contain space for workshops conducted by the Youth on the Yard Organization, as well as a stage and audio equipment that will enhance the quality of workshops. The Dumas Hotel will continue to be a center for live jazz performances, making it the only place in downtown Roanoke to offer such music. The Roanoke Higher Education Center and Roanoke Catholic School have expressed support for the project and an interest in using the proposed Dumas Center for events, such as convocations, lectures, receptions, etc. Project Cost and Fundincl: Total project cost of $4,098,184.00, including a $256,136.00 operating endowment requirement, and proposed funds from a variety of sources including: · Capital Campaign $1,356,136.00 · State Rehabilitation Tax Credits $1,077,446.00 · Foundation and Private Grants $ 680,397.00 · City of Roanoke $ 500,000.00 · Other $ 484,205.00 Funding Request to City of Roanoke: Initially the City was requested to provide $500,000.00 in project funding over three years beginning in fiscal year 2002-03, which request was later modified to allow funding to be phased in beginning in fiscal year 2003-04. A letter of project support was being requested from the City so that the grant application process could begin. Fundinq Recommendation: Staff recommends that the $500,000.00 request for the Dumas Center be funded in a similar fashion to the Grandin Theater project, with $100,000.00 being provided each year over a period of five years, beginning with fiscal year 2003-04. Funding would be provided by agreement as approved by City Council, subject to the following provisions: Certification of the availability of matching funds; City funds will be used solely for the construction project, and not for operation of the Dumas Center; No future operational support for the Dumas Center will be requested from the City; The Dumas Center would continue to be operated as a community arts and cultural center; All appropriate local taxes will be paid; 4 The Dumas Center will not be sold or conveyed to another entity without prior written consent of the City; and If the Dumas Center is sold within the five years of the agreement to other than a non-profit entity, the City will recover its capital investment from the proceeds of the sale. Mr. Key advised that the funding source would be the Capital Maintenance and Equipment Replacement Program, and funds would be provided annually over the next five years. Mayor Smith pointed out that a variety of sources have been proposed to fund the project, and inquired about the availability of other funding sources to offset the cost. Theodore J. Edlich, III, President, Total Action Against Poverty, responded that other jurisdictions have been contacted for assistance. By using the Dumas Center for Artistic Development model, Greg Baldwin, an architect with Balzer and Associates, Inc., explained the proposed renovations. The City Manager advised that the purpose of the briefing is to receive approval of the project and to discuss funding. She mentioned that Mr. Edlich has requested a letter of support from the City to use in seeking additional support from local jurisdictions as well as grant possibilities. Mr. Carder inquired if there was a certification for matching funds similar to the Grandin Theatre, and if the City has an audit function that does not include loans, only committed money; whereupon, the City Manager responded that it includes pledges and actual dollars. Mr. Edlich advised that he has spoken with a financial institution regarding a $1 million tax credit, an application for a pre-development of $100,000.00, and a finance loan of $1.5 million. Mr. William F. Penn, 436 Elm Avenue, S. W., expressed appreciation for the City's support of the Dumas Center for Artistic Development project, and stated that he believes the entire City will benefit from the support. HENRY STREET-NEIGHBORHOOD ORGANIZATIONS: The City Manager introduced Members of the Roanoke Neighborhood Development Corporation, and called upon Charles Price and Melinda Payne for a presentation with regard to revitalization of the south Henry Street area. Mr. Price expressed appreciation to City Council and to the City Administration for their support of the proposed project, and advised that approximately two decades ago, former Mayor Noel C. Taylor led the charge to revitalize the Henry Street area; the Roanoke Neighborhood Development Corporation was created as the community component of a public-private partnership with the City of Roanoke; and the mission of the Corporation is to enhance the quality of life in the City of Roanoke, specifically the Henry Street area and surrounding residential neighborhoods. Mr. Price further advised that the Roanoke Neighborhood Development Corporation is a non-profit, community-based organization (501)c(3) partnering with the City of Roanoke and the Roanoke Redevelopment and Housing Authority to facilitate revitalization and development in an area referred to as the "Greater Gainsboro Redevelopment Area"; the Corporation consists of Roanoke citizens who are connected to the Gainsboro community through the importance that the community played in their personal development or development of their ancestors; and in January 2002, the Housing Authority suggested that the Corporation use a "design built" method of construction to proceed with the project, which would allow pre-construction activities to begin and guarantee maximum costs. Mr. Price stated that the Roanoke Neighborhood Development Corporation rejected two proposals that were submitted for the project -- Breakell, Inc., offer of 77 per cent ownership and total control of the project; and Blue Ridge Housing proposed extension of at least a year before construction could begin. Ms. Payne explained that following rejection of the two proposals, discussions were held with Calvin Powers of Blue Eagle Partnership, to pursue a business arrangement with the Roanoke Neighborhood Development Corporation that would allow the Corporation to fulfill a goal to inspire other people of color to continue to work toward maintaining a place in the development of their communities. Mr. Price further stated that the proposed Crewe Suites site will be located at the corner of Henry Street, Wells Avenue and Gainsboro Road, N. W.; it is the first catalyst project of the Roanoke Neighborhood Development Corporation that will be a four-story, 40,000 square foot, Class A quality office building; and the timeline for the project is as follows: Complete agreement negotiations Begin design Begin pre-marketing Continuation of building pre-leasing Complete City leasing Evaluate fast track construction opportunity July 2002 July 2002 August 2002 August 2002 September 2002 September 2002 Loan commitments Loan closing Complete City interior layout Groundbreaking Site work Begin construction Setup property management Construction completion Summer 2002 Fall 2002 Winter 2002 Spring 2003 Spring 2003 Spring 2003 Summer 2003 Winter 2003 Mr. Price pointed out that the Corporation is committed to ensuring that the Crewe Suites project is compatible with its surroundings; and the project has received favorable endorsements from major stakeholders in the area, including churches, the Roanoke Higher Education Authority, The Hotel Roanoke and Conference Center, Downtown Roanoke, Inc., Roanoke Redevelopment and Housing Authority, and other City residents and organizations in the Historic Gainsboro area. Mr. Price commented that the Corporation would like to request continued support from the City as follows: the City to provide at least $300,000.00 in equity and grant commitments, to re-enforce its commitment to lease 15,000 square feet of office space in the building for a period of 20 years, to dedicate 45 parking spaces at the market rate, and to complete the Henry Street infrastructure construction program. He further commented that the City's appropriation would be used to assist in making the office building a reality; a Letter of Intent from the Roanoke Neighborhood Development Corporation and Blue Eagle Partnership would be provided to the City; and the Partnership has based its negotiations with the Corporation on the following commitments: 15,000 square feet of lease space for 20 years (City of Roanoke) $300,000.00 contribution (City of Roanoke) $70,000.00 cash on hand (Roanoke Neighborhood Development Corporation) Land (Roanoke Redevelopment and Housing Authority) Completion of the infrastructure construction Parking space on the surface lot Mr. Price advised that the Corporation has selected Payne Construction Co., as its design builder. It was noted for the record that he is the Vice-President of Payne Construction, and a minority owner in the company. Ms. Payne also clarified that she is the ex-wife of the owner of Payne Construction Co. and has no monetary gain to be made from development of the project. Ms. Vernice Law stated that Mr. Price was initially reluctant to involve his company in the project; however, the Roanoke Neighborhood Development Corporation felt the potential conflict of interest was not as important as the need to use a minority contractor; and Payne Construction Co. is the only local firm that is familiar with the predominantly black heritage of Henry Street which is located in the City's historic Gainsboro neighborhood. Mr. Price further advised that Payne Construction Company brings experience in construction and design build, has experience working with non-profit organizations, has the ability to involve local and minority contractors, has the experience in hiring employees from the project region, experience and expertise with clients with budgetary limits, and the Company has roots in historic Gainsboro. The City Manager stated that in December 1999, an agreement was entered into with the Roanoke Neighborhood Development Corporation indicating the City's commitment to lease 15,000 square feet of office space in the Crewe Suites building, which agreement did not specify a rate or a term; and she is of the opinion that any arrangements made by the City to lease space in other buildings surrounding the facility has not interfered with the City's commitment of $300,000.00 to the Corporation. She further stated that although the agreement expired on June 30, 2001, with the Council's authority, the agreement could be reactivated under the same terms and conditions; and the previous agreement also indicated a condition for the use of the $300,000.00 and that the project be constructed under the City's Virginia Procurement Act requirements. The City Manager further stated that the presentation that was given, as well as a position supported by the City and the Housing Authority in January 2002, was that at the appropriate time, assuming that a design built project manager could be found, she would recommend to Council that the project be completed under the design built concept; the advantage of the design built concept is that the construction project manager fronts the costs, and assumes the risk of pre- construction costs, which are included in the total loan package at the time of consummation; and a new contract would have to be developed for approval by Council specifying any conditions with regard to the $300,000.00 currently set aside for the project. The City Manager stated that it is her understanding that the Corporation would like the availability of up to 45 spaces that would be paid for at market rate by the tenants, which would not mean the City would necessarily set aside 45 spaces, but the spaces would be available at the time needed for leasing. She explained that between the 95 parking spaces on the Surface Lot and approximately 335 or 337 spaces in the Higher Education Parking Garage, there should be adequate spaces available; and the only long term commitment that has been made is to the GOB South Project, whereby the City has committed one parking space per apartment to be made available, in conjunction with such leases, but to be guaranteed a space, the lessee would have to pay to lease a vacant space. Council Member Carder asked if discussions were with regard to a new agreement because it is his understanding that the original agreement was for 45,000 square feet of office space, which the City did not have a price on that is now being listed at market rate; whereupon, the City Manager advised that nothing was included in the agreement that stipulated a rate or a term; however, Ms. Law had advised her that discussions with the former City Manager was for a 20-year lease which would require the City to sign a lease for that period of time, but would also require a public hearing. Council Member Carder requested that a written proposal be submitted to Council since the agreement was being modified and there is no documentation available. In response to Council Member Carder's inquiry with regard to the $300,000.00, the City Manager advised that the Corporation was requesting the $300,000.00 which was part of the previous agreement, and in addition, the Corporation is requesting that the agreement be silent or to stipulate the ability to use the design built concept, and she was in agreement if the Corporation could find a project manager to front the cost. She called attention to the timeline to consummate or to complete the lease with the City which will be difficult until a footage cost has been determined. At this point, Council Member Dowe left the meeting. Mayor Smith inquired about the leased spaces that are currently being paid for by the City; whereupon, the City Manager advised that she plans to take any lease activity back to City Hall, with the exception of spaces previously committed to the Crewe Suites project. Mayor Smith further inquired about the market rate per square foot for leased space; whereupon, the Director of Real Estate Valuation stated that the rate was between $10.00 - $14.00 per square foot. Following discussion, the City Manager agreed to provide Council with information on rental rates at a later date. At this point, Council Member Bestpitch left the meeting. Council Member Wyatt advised that removal of procurement provisions is a positive step because it will enable the City to keep the dollars at home and the communities will benefit. Council Member Carder commented that the City's Virginia Procurement Act ensures that certain procedures are followed that protect all parties involved. Mr. Price responded that not only was his reputation at stake, but Payne Construction Company's as well, and added that he believes there will be increased scrutiny since it is a minority project. COUNCIL: With respect to the Closed Meeting concluded at 3:15 p.m., Mr. Carder 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 Ms. Wyatt and adopted by the following vote: AYES: Council Members Carder, Cutler, Wyatt and Mayor Smith ............. -4. NAYS: None ........................................................................................ 0. (Vice-Mayor Harris and Council Members Bestpitch and Dowe had left the meeting when the vote was recorded.) There being no further business, the Mayor declared the meeting adjourned at 4:45 p.m. APPROVED ATTEST: Stephanie M. Moon Deputy City Clerk Ralph K. Smith Mayor 10 C-1 REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL September 3, 2002 12:15 p.m. The Council of the City of Roanoke met in regular session on Tuesday, September 3, 2002, at 12:15 p.m., the regular meeting hour, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Regular Meetin.cjs, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members William D. Bestpitch, William H. Carder, M. Rupert Cutler, Linda F. Wyatt and Mayor Ralph K. Smith ................................... 5. ABSENT: Council Members Alfred T. Dowe, Jr., and C. Nelson Harris ........... 2. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Ann H. Shawver, Deputy Director of Finance; and Mary F. Parker, City Clerk. COMMITTEES-COUNCIL: A communication from Mayor Ralph K. Smith requesting a Closed Meeting to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended, was before the body. Mr. Carder moved that Council concur in the request of the Mayor to convene in a Closed Meeting to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler, Wyatt and Mayor Smith--5. NAYS: None ............................................................................................ 0. (Council Members Dowe and Harris were absent.) PURCHASE/SALE OF PROPERTY-CITY PROPERTY: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss disposition of publicly-owned property, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended, was before the body. Mr. Carder moved that Council concur in the request of the City Manager to convene in a Closed Meeting to discuss disposition of publicly-owned property, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler, Wyatt and Mayor Smith---5. NAYS: None ........................................................................................... -0. (Council Members Dowe and Harris were absent.) At 12:20 p.m., the Mayor declared the meeting in recess to be immediately reconvened in the Emergency Operations Center Conference Room, Room 159, for a joint meeting of Council with Congressman Bob Goodlatte. A joint meeting of the Members of Roanoke City Council and Congressman Bob Goodlatte was called to order on Tuesday, September 3, 2002, at 12:25 p.m., in the Emergency Operations Center Conference Room, Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor Ralph K. Smith presiding. COUNCIL MEMBERS PRESENT: William D. Bestpitch, William H. Carder, M. Rupert Cutler, Alfred T. Dowe, Jr., C. Nelson Harris, Linda F. Wyatt, and Mayor Ralph K. Smith .............................................................................................. 7. ABSENT: None ........................................................................................ -0. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Ann H. Shawver, Deputy Director of Finance; and Mary F. Parker, City Clerk. OTHERS PRESENT: Peter Larkin, Congressman Goodlatte's District Director; and Thomas A. Dick, City of Roanoke Legislative Liaison. The Mayor welcomed Congressman Goodlatte, Mr. Larkin and Mr. Dick to the meeting and advised that immediately following lunch, the business session would convene. The invocation was delivered by Vice-Mayor C. Nelson Harris. Following lunch, the business session convened at 12:45 p.m. LEGISLATION-COUNCIL: Congressman Goodlatte expressed appreciation for the work of City Council and advised that local government serves on the front lines of politics and should be commended for its work. He stated that he was pleased to assist with and announce the award of $2 million by the United States Department of Transportation for the Roanoke Regional Airport to enhance airport security; however, work needs to be done regarding implementation of more realistic and practical airport security measures by the Department of Transportation. He explained that all persons using air service should feel safe; however, the rule prohibiting parking within 300 feet of the airport created a major expense for airports while it lasted. He stated that he continues to monitor the progress on 1-81 and 1-73, and expressed an interest in the public/private partnerships that have been promoted for 1-81 which have considerable promise in terms of raising additional revenue to build the roadway more quickly. However, he added that he has expressed a concern to the Governor that if the State places tolls on trucks in a manner that is too high, a situation could result where businesses will be discouraged from locating in the Roanoke and Shenandoah Valleys. He referred to the importance of maintaining a balance in order to be competitive with other major transportation corridors in the western area of the State, and added that he was not opposed to the concept, but to the manner in which the tolls will be implemented. He expressed an interest in improving rail transportation along the 1-81 corridor up the Shenandoah Valley and down into far southwest Virginia, and advised that the 1-81 corridor is woefully behind most other major transportation corridors in the country in terms of the percentage of goods transported by rail (six per cent by rail compared to 94 per cent by trucks, and approximately 13,000 trucks per day go through the weighing station in Daleville). He stated that many other corridors are much higher with 25 - 50 per cent of freight being moved by rail; and Norfolk Southern estimates that as much as 25 per cent of the trucks on 1-81 could be diverted to rail if a faster system existed. He explained that the rail line for most of the Shenandoah Valley consists of one track that was built in the 19th century which does not compete with trucks, and also means that passenger rail service is problematic. He called attention to efforts, along with Congressman Rick Boucher, in support of legislation that provides for involvement by Amtrak in the TransDominion Express and will ultimately result in Amtrak providing the rolling stock, but an operating subsidy will be required by the State given the current situation with Amtrak. He also called attention to efforts to identify funding sources for restoration of the Roanoke Passenger Rail Station, and an appropriations request for operating funds this year and for capital funds next year for the City of Roanoke's new art museum. He stated that he has been working closely with the U. S. Army Corps of Engineers with regard to the route of the Roanoke River Flood Reduction Project, in order to review those problems on the second portion of the greenway from Wasena Park west to the Salem City limits; and while it is commendable that the initial plan of the Corps of Engineers includes the greenway for five miles from Wasena Park to the Roanoke County line, and comes very close to the Blue Ridge Parkway and to Explore Park, it is not an ideal situation unless the greenway extends across the entire City of Roanoke to link up with the City of Salem's greenway system. He called attention to the need to obtain reauthorization for increased costs which is not anticipated to be a problem, although the revised numbers have not been received from the Corps of Engineers, and following that action, an announcement could be made that additional Federal dollars could potentially be awarded to address those two to three difficult spots along the western portion of the Roanoke River. He referred to the exciting work of the City of Roanoke Redevelopment and Housing Authority with regard to downtown apartments and the Lincoln Terrace development which is nearing completion and represents a remarkable transformation of the area. He spoke in support of screen doors for Lincoln Terrace residents, and advised that he has corresponded with the Executive Director of the Roanoke Redevelopment and Housing Authority to express his concerns. Council Member Cutler inquired about the status of certain Environmental Protection Agency grants; whereupon, Congressman Goodlatte advised that he would obtain additional information and respond at a later date. Council Member Bestpitch advised that there is a need to overcome the mentality that Amtrak should be paying for itself which will not happen, and although he did not have specific suggestions, it would be hoped that something could be done to encourage persons to think about Amtrak in a different way. Congressman Goodlatte responded that every form of transportation is subsidized; there are certain unique problems with the railroad and both air transportation and highway transportation are subsidized through direct payment by users in the form of a gas tax for highways and a ticket tax for airline passengers; and if fuel or tickets purchased by Amtrak customers were taxed, the cost of riding the rails would increase. He referred to costs incurred on some of the current Amtrak routes and referenced the line that extends from Orlando, Florida, to Los Angeles, California, which is subsidized at $350.00 per passenger. He stated that the current system is not working as it should and whether it should be reformulated into some other type of entity is under consideration. In summary, he stated that subsidies for rail service cannot be eliminated, however, the amount of subsidy is the issue. Council Member Wyatt expressed appreciation for Congressman Goodlatte's efforts in regard to telecommunications in Southwest Virginia. Congressman Goodlatte responded that he encouraged the previous President and the current President to formulate more of a national policy for the deployment of high speed Internet access which is vitally important for the future. He stated that he, along with Congressman Rick Boucher, have supported such legislation, but have been unsuccessful in persuading the President to focus on the topic, and they have further suggested that the President stress the importance of broad ban in his State of Union Address. He added that the major telephone companies have not moved into this market, their rationale being that they have limited resources which are placed in those areas that are the most de-regulated and in those areas with the largest population; however, critics say that the telephone companies are holding officials hostage in order to get the law changed to make it more profitable for them. Council Member Dowe inquired about future funding to sustain regional airport status; whereupon, Congressman Goodlatte expressed disappointment that the City of Roanoke was not awarded a grant to upgrade air service, and if the program continues, Roanoke should reapply. He explained that $20 million is available for 40 airports, with no more than four airports in any one state in the United States to receive funding, and the City of Lynchburg was the only locality in the Sixth District that received funding. The City Manager expressed appreciation to Congressman Goodlatte for his support of greenways in the Roanoke area. She called attention to the need to ensure that Congress reauthorizes funding for air service for next year, and requested the support of Congressman Goodlatte. She explained that airport applications were evaluated based on those communities that were hardest hit by the September 11, 2001 aftermath and clearly, the City of Lynchburg airport was more severely affected than the Roanoke Regional Airport. She stated that Roanoke's survival from an economic development standpoint is predicated on improved air service, the City of Roanoke is working diligently in that regard and has begun the process of involvement by the business community. The City Manager advised that the City of Roanoke understands that its future, in many respects, is tied to the development of Virginia Tech as a major research university, and Virginia Tech officials have repeatedly stressed the importance of passenger rail service. She pointed out that the 150th anniversary of rail in the Roanoke Valley will be observed on November 1, 2002, with celebratory events to be conducted throughout the City of Roanoke, and alluded to the possibility of funding associated with the significance of the event and other types of things that might provide funding for the O. Winston Link Museum and Passenger Rail Station. Vice-Mayor Harris commended Congressman Goodlatte on the caliber of his staff and the service they render to the citizens of the City of Roanoke. Council Member Carder commended the involvement of Mrs. Goodlatte, a local attorney, in the Roanoke community. Council Member Cutler inquired if the Department of Homeland Security has implemented a grant program to assist with local government public safety programs; whereupon, Congressman Goodlatte advised that the Federal Emergency Management Agency (FEMA) has issued grants, and the City of Salem received $120,000.00 to purchase new equipment. The City Manager advised that the City of Roanoke has applied for a $600,000.00 grant and is currently waiting for a response from FEMA. There being no further business, the Mayor declared the meeting in recess at 1:20 p.m., to be reconvened at 2:00 p.m., in the City Council Chamber. (At 1:25 p.m., Council convened in Closed Session in the Council's Conference Room, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke.) At 2:00 p.m., on Tuesday, September 3, 2002, the regular meeting of City Council reconvened in the Roanoke City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Mayor Smith presiding. PRESENT: Council Members William D. Bestpitch, William H. Carder, M. Rupert Cutler, Alfrerd T. Dowe, Jr., C. Nelson Harris, Linda F. Wyatt and Mayor Ralph K. Smith ................................................................................................ 7. ABSENT: None ..................................................................................... 0. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Ann H. Shawver, Deputy Director of Finance; and Mary F. Parker, City Clerk. The meeting was opened with a prayer by The Reverend Maurice D. Diggs, Worship Ministries Pastor, Parkway Wesleyan Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Smith. PRESENTATIONS AND ACKNOWLEDGEMENTS: PROCLAMATIONS: The Mayor presented a Proclamation declaring September 12-14, 2002, as United Way - Days of Caring. 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. MINUTES: Minutes of the regular meeting of Council held on Monday, November 6, 2000; 2002-03 Fiscal Year Budget Study Sessions of Council held on Thursday, May 9, 2002 and Friday, May 10, 2002; and the regular meeting of Council held on Monday, July 15, 2002, were before the body. (For full text, see Minutes on file in the City Clerk's Office.) Mr. Harris moved that the reading of the Minutes be dispensed with and that the Minutes be approved as recorded. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt and Mayor Smith .............................................................................................. 7. NAYS: None ......................................................................................... 0. COMMITTEES-ROANOKE ARTS COMMISSION: A communication from Will Trinkle tendering his resignation as a member of the Roanoke Arts Commission, effective immediately, was before Council. Mr. Harris moved that Council accept the resignation and that the communication be received and filed. The motion was seconded by Mr. Carder and adopted by the following vote: 7 AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt and Mayor Smith ............................................................................................ 7. NAYS: None ......................................................................................... 0. OATHS OF OFFICE-COMMITTEES-YOUTH-TRANSPORTATION SAFETY- SCHOOLS: The following reports of qualification were before Council: Cheryl D. Evans as a member of the Youth Services Citizen Board, for a term ending May 31, 2003; Anne F. Harmon as a member of the City of Roanoke Transportation Safety Commission, for a term ending October 31, 2004; and Barry W. Baird as a member of the Virginia Western Community College, Board of Directors, for a term ending June 30, 2006. Mr. Harris moved that the reports of qualification be received and filed. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt and Mayor Smith .............................................................................................. 7. NAYS: None ......................................................................................... 0. REGULAR AGENDA OATHS OF OFFICE: The Mayor advised that there is a vacancy on the Roanoke City School Board created by the resignation of William E. Skeen, for a term ending June 30, 2005. He further advised that the following persons applied for the position: Edna Crabbere David M. Dabay John W. Elliott, Jr. Lewis P. Grogan William H. Lindsey Michael W. Ridenhour Mr. Harris placed in nomination the names of Edna Crabbere, David M. Dabay, John W. Elliott, Jr., Lewis P. Grogan, William H. Lindsey and Michael W. Ridenhour. There being no further nominations, William H. Lindsey was appointed as a Trustee of the Roanoke City School Board, to fill the unexpired term of William E. Skeen, resigned, ending June 30, 2005, by the following vote: FOR MR. LINDSEY: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler and Dowe ............................................................................................ 6. FOR MS. CRABBERE: None ...................................................................0. FOR MR. ELLIOTT: None ........................................................................ 0. FOR MR. GROGAN: None ....................................................................... 0. FOR MR. RIDENHOUR: Mayor Smith ........................................................... 1. PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: BUILDINGS/BUILDING DEPARTMENT-BONDS/BOND ISSUES-Y.M.C.A.- INDUSTRIES: A communication from Alton F. Knighton, Jr., Attorney, representing the Industrial Development Authority of Craig County, requesting adoption of a measure approving issuance of bonds by the Industrial Development Authority of Craig County, Virginia, for the benefit of the YMCA of Roanoke Valley, Inc., in the amount of $9.8 million to construct, renovate and equip two facilities, respectively, to be located in the City of Roanoke and in the City of Salem, was before the body. Mr. Dowe offered the following resolution: (#36049-090302) A RESOLUTION approving a financing by the Industrial Development Authority of Craig County for the benefit of YMCA OF ROANOKE VALLEY, INC., to the extent required by Section 147 (f) of the Internal Revenue Code of 1986, as amended, and concurring with the inducement resolution of said Authority with respect thereto. (For full text of Resolution, see Resolution Book No. 66, page 370.) Mr. Dowe moved the adoption of Resolution No. 36049-090302. The motion was seconded by Mr. Carder. Council Member Bestpitch inquired if he is required to abstain from voting since his spouse is employed by the YMCA of Roanoke Valley Inc.; whereupon, inasmuch as no City funds are involved, the City Attorney advised that Mr. Bestpitch would not be required to abstain from voting. Resolution No. 36049-090302 was adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt and Mayor Smith ........................................................................................... 7. NAYS: None ......................................................................................... 0. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: CAPITAL IMPROVEMENTS PROGRAM-ROANOKE ARTS COMMISSION-ART ACQUISITION-SCHOOLS: The City Manager submitted a communication advising that Council adopted guidelines for a Percent for Art Program on August 19, 1996, pursuant to Resolution No. 33077-081996; Council engaged in recent discussions regarding the guidelines at a Financial Planning Session on March 9, 2002, and a planning workshop on April 29, 2002; and following discussions, City staff was directed to amend the guidelines to accommodate the following directions from Council: Public art acquired through the Program does not have to be related to a specific capital project, even though new capital projects eligible for inclusion in the Program will be used as a basis for determining the Program's budget. A comprehensive, detailed plan for enhancing public art should be developed based on the Program budget and presented to Council for approval. Note: The revised guidelines suggest that this Plan should be developed by the Roanoke Arts Commission, eliminating the need for a separate Roanoke Percent for Art Committee. ]0 Program funds should not be spent on art projects that may not be in the overall best interest of the City. It was further advised that City staff developed and reviewed the proposed new guidelines with Mark C. McConnel, Chair, Roanoke Arts Commission, and Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools, and Dr. Harris indicated that the Roanoke City Schools would like to participate in the Percent for Art Program, and asked that the program be designed so that City Council and the School Board would jointly review and approve the design and acquisition of artwork for public buildings. It was explained that revised program guidelines do not incorporate changes suggested by Mr. McConnel or Dr. Harris at this time, but can be amended to reflect the wishes of Council; and as reported to Council at its March Financial Planning Session, the cost to begin implementation of the program is $192,701.00, based on one per cent of construction cost for eligible capital projects in the Capital Improvements Program. The City Manager recommended that Council adopt a resolution approving revised guidelines for the Percent for Art Program; the Roanoke Arts Commission will then develop and recommend to the City Manager, by December 31, 2002, a comprehensive plan for enhancing public art based on a budget of $192,701.00; and the Plan will be reviewed, modified as necessary, and recommended to Council, along with a funding recommendation. Mr. Dowe offered the following resolution. "A RESOLUTION endorsing a Percent-for-Art Program, and repealing Resolution No. 33077-081996, adopted on August 19, 1996, which adopted certain guidelines for the Percent-for-Art Program; and adopting new guidelines for the Program." Mr. Dowe moved the adoption of the resolution. The motion was seconded by Mr. Carder. Mark C. McConnel, Chair, Roanoke Arts Commission, advised that the Arts Commission applauds Council for its proactive stance regarding economic development and quality of life for City residents in directing City staff to revise the Per cent for Art Program guidelines and funding mechanism. He stated that the Arts ]! Commission would like to offer amendments to the guidelines offered by City staff, which amendments serve to clarify the intent and procedures of the guidelines and bring them more completely into compliance with the intent of staff as expressed in a letter to Council from the City Manager dated September 3, 2002, and the desiresof Council as noted in the minutes of Council work sessions conducted in March and April. He advised that the proposed amendments by the Arts Commission have been included in the body of the guidelines prepared by City staff and are clearly identified through underlining and strikethrough. He explained that the Comprehensive Public Arts Plan required by Council in the new guidelines is currently in its formative stages and was identified by the Arts Commission as a high priority goal at its recent planning session. He stated that citizens should be pleased that the intent of the Arts Commission and the direction it receives from Council are complementary and together work for the greater benefit of the City of Roanoke. (See proposed revisions by the Roanoke Arts Commission on file in the City Clerk's Office.) The City Manager was requested to respond to the remarks of Mr. McConnell; whereupon, she advised that City staff was mindful of the direction that was provided by Council during its Financial Planning Session in which Council Members indicated that it was not believed that the current guidelines express the true intent of the Council. She stated that certain changes were made to the City's draft guidelines as attached to the City Manager's communication; City staff does not oppose several of the changes suggested by the Arts Commission, but other changes may require discussion by Council as to whether Council wants permissive language or a requirement that certain things will happen as a part of the guidelines. She advised that her understanding, based on a previous discussion by Council, was that Council wishes to make decisions as to when and when not to involve the Arts Commission throughout the process, and City staff will be pleased to make revisions to the guidelines as deemed appropriate by Council. Council Member Cutler, Council's liaison to the Roanoke Arts Commission, advised that Council has received two different versions of the guidelines, and recommendations submitted by the Arts Commission are too numerous for Council to review at this time. Therefore, he offered a substitute motion that the proposed guidelines be referred back to the City Manager for further refinement and, as Council's liaison to the Roanoke Arts Commission, he volunteered to serve as coordinator for input by the Members of Council. The substitute motion was seconded by Mr. Dowe. Council Member Harris advised that if faced with the decision today of choosing between the proposed revisions by the City Manager, or the proposed revisions by the Roanoke Arts Commission, he would favor the City Manager's proposed revisions for the reason that Council Members have the most interaction with the City administration and holds staff accountable through the City Manager. He explained that the City Manager is the appropriate conduit for Council to act through, whether it pertains to public art, or to any other matter affecting the business of the City and/or City Council. Council Member Bestpitch advised that it is hoped, in referring the guidelines back to the City Manager, that there can be some refining and compromise that will satisfy the concerns of all parties. He referred to use of the words "may" and "will" monitor, advising that the action verb is "monitor", therefore, the concern is not clear. He stated that he might take some exception in the recommended amendment by the Arts Commission at replacement of the word "design" with "procurement" and noted that it should be both, "design and procurement", but ultimately City Council is charged with the responsibility for final approval authorization on both procurement and design. He added that it is not clear as to what is meant by the original language that City staffwill review upcoming capital improvements projects each year and select one or more projects considered to be eligible for inclusion; and he was of the impression that the purpose of Council's resolution was to indicate which projects would be eligible for inclusion in the future, so there should not be an action by staff to decide each year what should or should not be considered for inclusion. He added that if the capital improvements program is submitted to Council each year, Council has the opportunity to decide if it wants to exclude certain projects and make the annual decision in terms of appropriation of funds. Council Member Wyatt advised that the Roanoke Arts Commission performs a valuable task; however, its responsibilities are advisory to the Council and the buck stops with City Council. She called attention to certain financial implications in the guidelines, therefore, it is important that Council, through City staff, play a role in decision making. Without objection by Council, the Mayor advised that the proposed guidelines would be referred back to the City Manager for further refinement. BUILDINGS/BUILDING DEPARTMENT-BUDGET-PUBLIC WORKS-SCHOOLS: The City Manager submitted a communication advising that the School Transportation Facility, now located on Courtland Avenue adjacent to the Public Works Service Center, needs to be relocated to accommodate construction of the new stadium/amphitheater; the 27 year old facility will be replaced with a new facility of like construction; and several options have been explored by City staff in cooperation with School system officials, including relocation of various City operations to allow location of the facility on the current Public Works Service Center site. It was further advised that the option determined to be the best solution by City staff and School officials is relocation of the facility to a City-owned site on Barns Avenue adjacent to the Roanoke Regional Airport; and school officials believe that the site will offer the following benefits: Allows for construction of an efficient transportation facility without access or parking constraints; Provides quick access to 1-581 and allows the Schools to maintain the current bus routing system with little or no increase in travel time; Reduces bus delays caused by traffic congestion; Offers a future opportunity to relocate the school system's facility maintenance operations from Reserve Avenue that will be affected by the Roanoke River Flood Reduction Project; and Allows for potential future consolidation of the school system's transportation, facility maintenance, warehousing, and food service operations at one location, resulting in future operational savings. It was noted that costs of relocating the School Transportation facility to either the Barns Avenue site, or the Public Works Service Center site, are essentially the same. It was explained that the project is estimated to cost $1,226,970.00 and will be a "design to budget" project to mitigate the possibility of cost overruns; school officials will engage an architectural firm of their choosing to design the project, but City Engineering Division staff will be responsible for overall project management to ensure that the project is constructed in time to allow relocation of the current facility no later that spring break 2003; and school officials have agreed to contribute $226,970.00 to fund the project, with the City funding the remaining $1,000,000.00 in project cost. The City Manager recommended that Council appropriate $1,000,000.00 from the following source to a new capital project account to be created by the Director of Finance entitled, "School Transportation Facility": ]4 Capital Project Fund Undesignated Fund Balance $1,000,000.00 (Note: This one-time funding is available due to the administrative hold placed on non-critical capital expenditures during FY 2002 and the close-out of several other completed capital projects.) The School Board will request Council to appropriate its $226,970.00 share of project cost at a future date. Mr. Dowe offered the following ordinance: (#36050-090302) AN ORDINANCE to amend and reordain certain sections of the 2002-2003 Capital Projects and School Capital Projects Funds Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 66, page 372.) Mr. Dowe moved the adoption of Ordinance No. 36050-090302. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt and Mayor Smith ............................................................................................ 7. NAYS: None ......................................................................................... 0. MUNICIPAL BUILDING: The City Manager submitted a communication advising that replacement of the main roof, Municipal Building South, consists of removal of roofing materials and insulation (down to the structural deck) over the fourth and fifth floors mechanical room of Municipal Building South; and both areas are to be replaced with tapered insulation and a 60 mil EPDM roof membrane. It was further advised that after proper advertisement, six bids were received on August 1,2002, with John T. Morgan Sheet Metal Co., Inc., submitting the Iow bid, in the amount of $125,893.00, and construction time of 45 consecutive calendar days. It was stated that total funding for the project is $127,500.00; additional funding in excess of the contract amount will be used for miscellaneous project expenses, including advertising, reproduction of contract documents and project contingency; and funding is available in Facilities Management, Account No. 001-440-4330-3057. The City Manager recommended that Council accept the bid of John T. Morgan Sheet Metal Co., Inc., in the amount of $125,893.00, with 45 consecutive calendar days of contract time; and that all other bids received by the City be rejected. Mr. Dowe offered the following ordinance: (#36051-090302) AN ORDINANCE accepting the bid of John T. Morgan Sheet Metal Co., Inc., for roof replacement of the fourth floor and the fifth floor mechanical room of the Municipal Building South, 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 dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 66, page 373.) Mr. Dowe moved the adoption of Ordinance No. 36051-090302. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt and Mayor Smith ........................................................................................... 7. NAYS: None ......................................................................................... 0. INSURANCE-CITY EMPLOYEES-SCHOOLS: The City Manager submitted a communication advising that dental insurance for government and school employees has been provided by Delta Dental Plan of Virginia to the Roanoke Valley Consortium (RVC) since 1998; plan participants within the RVC for dental coverage include the City of Roanoke, Roanoke County Government, Roanoke County Schools and the Roanoke Regional Airport; and at the direction of participating members of RVC, Palmer & Cay Consulting Group (PCCG) solicited competitive proposals for the dental plan. It was further advised that of the 11 carriers that received the request for proposals, the following four proposals were received and evaluated by PCCG: carriers were CIGNA, Delta Dental, MetLife and United Concordia; increased premium rates for coverage initially ranged from 4.7 per cent to 23 per cent; CIGNA and MetLife were eliminated due to pricing and plan design; and United Concordia's proposal offered an additional orthodontia benefit, but its overall dental network was limited and the orthodontia benefit would significantly increase costs in future years. It was explained that Palmer and Cay Consulting Group recommends that the Roanoke Valley Consortium renew the contract with Delta Dental Plan of Virginia which includes a rate increase of 4.4 per cent, effective January 1, 2003, with rate caps of five per cent for 2004 and six per cent for 2005; the recommendation has been reviewed with the Employee Benefits Committee which concurred in the recommendation; funding adopted within existing departmental accounts as part of the fiscal year 2003 budget process is available to cover anticipated departmental costs for the remainder of the fiscal year; and future budget adoption procedures will provide funding for years beyond fiscal year 2003. The City Manager recommended that Council approve renewal of the contract with Delta Dental Plan of Virginia. Mr. Dowe offered the following resolution: (#36052-090302) A RESOLUTION authorizing the execution of a contract and related documents with Delta Dental Plan of Virginia to provide group dental insurance for employees of the City and members of their families. (For full text of Resolution, see Resolution Book No. 66, page 375.) Mr. Dowe moved the adoption of Resolution No. 36052-090302. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt and Mayor Smith ........................................................................................... 7. NAYS: None ......................................................................................... 0. SEWERS AND STORM DRAINS-WATER RESOURCES: The City Manager submitted a communication advising that bids were received on July 1, 1999, to properly remove, transport and dispose of lagooned bio-solids by land application; and Robinson Pipe Cleaning Co. submitted the Iow bid of $84.47 per dry ton, with a minimum of 10,000 dry tons and a maximum of 12,000 dry tons, commencing October 1, 1999. It was further advised that in the one year contract, the City reserved the right to extend the contract each year for up to a total of five years; the contract has been extended by the City twice, most recently from October 1, 2000, through September 30, 2001, at a unit price of $87.57 per dry ton; Robinson Pipe Cleaning Co. agreed to continue its 2000-2001 cost per dry ton of $87.57 for the 2001-2002 contract year ]7 from October 1, 2001 to September 30, 2002, and the City extended the contract for an additional year; the quantity of bio-solids for the 2001-2002 year was for 8,000 dry tons minimum to 10,000 dry tons maximum, a reduction of 2,000 dry tons from the 2000-2001 year extension, which was due to administrative cost saving measures at the Water Pollution Control Plant; and the City now wishes to extend the contract to a fourth year, from October 1,2002 to September 30, 2003, with an increase in the cost per dry ton based on the June 2002 Philadelphia Office Consumer Price Index, as provided in the contract. It was stated that the third amendment to the contract with Robinson Pipe Cleaning Co. will be at a unit price per dry ton of $89.66, with a minimum of 8,000 dry tons, or $717,280.00; and a maximum of 10,000 dry tons, or $896,600.00; base contract will be for 8,000 dry tons, with additional tonnage up to the 10,000 dry tons maximum being approved monthly by administrative change order; and funding is available in Sewage Fund Administration - Fees for Professional Services, Account No. 003-510-3150-2010 for fiscal year 2003, with fiscal year 2004 funding to be provided during the annual budget process in the same account. The City Manager recommended that she be authorized to enter into an amendment for a one year extension from October 1, 2002 through September 30, 2003, of the contract with Robinson Pipe Cleaning Co. to remove and properly dispose of a minimum of 8,000 dry tons and a maximum of 10,000 dry tons of lagooned bio-solids from the existing five lagoons at the Water Pollution Control Plant, at a unit price of $89.66 per dry ton, with the cost of 8,000 minimum dry tons to be $717,280.00 and 10,000 maximum dry tons at $896,600.00. Mr. Dowe offered the following ordinance: (#36053-090302) AN ORDINANCE authorizing execution of an amendment extending for an additional term of one year a contract with Robinson Pipe Cleaning Co. for removing, transporting and disposing of digested lagooned bio-solids from the City's Water Pollution Control Plan; and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 66, page 376.) Mr. Dowe moved the adoption of Ordinance No. 36053-090302. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt and Mayor Smith .............................................................................................. 7. NAYS: None ......................................................................................... 0. DIRECTOR OF FINANCE: DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS-BUDGET: The Director of Finance submitted the Financial Report for the City of Roanoke for the month of July, 2002. There being no questions and without objection by Council, the Mayor advised that the Financial Report would be received and filed. REPORTS OF COMMITTEES: BONDS/BOND ISSUES-SCHOOLS: A communication from George J. A. Clemo, Attorney, representing the Roanoke City Public Schools, advising that in October, 2001, at the request of the Roanoke City School Board, Council adopted Resolution No. 35606-101801 authorizing the School Board to rehabilitate the present school building at Lincoln Terrace Elementary School, authorizing an application to be filed with the Virginia Department of Education seeking an allocation of authority to issue qualified zone academy bonds ("QZABs") to finance a portion of the rehabilitation, and authorizing publication of a notice of public hearing to be held in connection with the proposed bond issuance; however, after extensive inquiry, the school system was at that time unable to find a buyer for the bond; and consequently, the public hearing, which was scheduled for November 5, 2001, was withdrawn from the Council's docket, was before the body. It was further advised that under applicable rules, the preliminary allocation by the Virginia Department of Education of $800,000.00 in qualified zone academy bond issuance authority to the project was carried over to the year 2002; additionally, upon further inquiry, it appears that the Bank of America is prepared to purchase the proposed qualified zone academy bond; accordingly, the Roanoke City Schools request that Council again authorize publication of notice of public hearing on the proposed bond issuance, to be held atthe Tuesday, October 15, 2002, meeting, and immediately following the public hearing, adoption by Council of a resolution approving final details of the bond and its issuance is requested. Mr. Dowe offered the following resolution: (#36054-090302) A RESOLUTION (i) stating the intent of the City of Roanoke, Virginia (the "City) to issue "qualified zone academy bonds" and other debt obligations to finance the rehabilitation, repair and/or equipping of the present school building at Lincoln Terrace Elementary School; and (ii) authorizing and directing publication of a notice of public hearing to be held in connection with the proposed qualified zone academy bond issuance. (For full text of Resolution, see Resolution Book No. 66, page 377.) Mr. Dowe moved the adoption of Resolution No. 36054-090302. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt and Mayor Smith ............................................................................................. -7. NAYS: None ......................................................................................... 0. UNFINISHED BUSINESS: NONE. INTRODUCTION RESOLUTIONS: AND CONSIDERATION OF ORDINANCES AND CITY COUNCIL-NATIONAL LEAGUE OF CITIES: Mr. Cutler offered the following resolution designating William H. Carder as Voting Delegate and M. Rupert Cutler as Alternate Voting Delegate for the Annual Business Meeting of the National League of Cities to be held on Saturday, December 7, 2002, in Salt Lake City, Utah: (#36055-090302) A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Meeting of the National League of Cities. (For full text of Resolution, see Resolution Book No. 66, page 379.) Mr. Cutler moved the adoption of Resolution No. 36055-090302. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt and Mayor Smith ........................................................................................... 7. NAYS: None ......................................................................................... 0. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: SPECIAL EVENTS: Council Member Carder, Chair, Taste of the Blue Ridge Blues and Jazz Festival, presented tee-shirts and information regarding activities which will be held on September 13-15, 2002. DECEASED PERSONS: Council Member Wyatt called attention to the death of Mr. Terrance Tootoo, a member of the Roanoke Express hockey team, on Thursday, August 29, 2002. She advised that a memorial service will be held at the Roanoke Civic Center on Wednesday, September 4, 2002, and asked that a proclamation in memory of Mr. Tootoo be presented by the Mayor's Office. FIRE DEPARTMENT: Council Member Cutler congratulated the City of Roanoke Fire Department upon achieving national accreditation by the Commission on Fire Accreditation International, Inc. TRAFFIC-ROANOKE NEIGHBORHOOD PARTNERSHIP: Council Member Cutler advised that the Roanoke Neighborhood Partnership Steering Committee will host a presentation by lan Lockwood, Senior Transportation Engineer for Glatting Jackson Kercher Anglin Lopez Rinehart, Inc., with regard to traffic calming, on Thursday, September 19, 2002, at 6:30 p.m., at the Lucy Addison Middle School Auditorium. SPECIAL EVENTS: The Mayor called attention to a tribute to Don Reno and Red Smiley, former citizens of Roanoke who were influential in country music, on September 14, 2002. For more information regarding the event, he encouraged that citizens telephone the Mayor's Office. DECEASED PERSONS: Council Member Dowe called attention to the death of Ms. Grace Taubman, a long time resident of the City of Roanoke, and asked that the Taubman family be remembered in prayer. DIRECTOR OF FINANCE-OATHS OF OFFICE-CITY CLERK-CITY ATTORNEY- MUNICIPAL AUDITOR: The Mayor advised that the two year terms of office of William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; Troy A. Harmon, Municipal Auditor; and Mary F. Parker, City Clerk, will expire on September 30, 2002. Ms. Wyatt moved that William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; Troy A. Harmon, Municipal Auditor; and Mary F. Parker, City Clerk, be reappointed for terms of two years, each, commencing October 1,2002 and ending September 30, 2004. The motion was seconded by Mr. Carder and unanimously adopted. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that Council sets this time as a priority for citizens to be heard and matters requiring referral to the City Manager will be referred immediately for response, report and recommendation to Council. TRAFFIC-COMPLAINTS: Mr. Leon Whitmer, 106 Trinkle Avenue, N. E., presented a petition signed by 102 citizens requesting removal of signs that prohibit left turns on Williamson Road, Preston Avenue, Trinkle Avenue and Christian Avenue between the hours of 9:00 p.m. and 3:00 a.m. He referred to a suggestion offered by an interested citizen that teenagers violating the no left turn signs and the no trespassing signs be given a ticket and required to attend court with their parent and/or guardian, and that they be required to provide a certain number of hours of community service on a weekend, in lieu of paying a cash fine. Council Member Wyatt advised that the goal of Council is to solve the problem of cruising on Williamson Road and not create more problems for the community. She stated that the City of Roanoke is willing to look at ways to address the cruising issue and to balance competing neighborhood, business and community needs. Council Member Carder advised that the City of Roanoke has placed a "band aid" on the situation and needs to review the root causes of the problem. He referred to the Williamson Road Corridor Plan that addresses many of the issues of Williamson Road in terms of traffic calming and how to slow down traffic to the point where cruising is no longer a fun activity. He stated that the challenge is: what is Williamson Road supposed to be as a community, how to move forward with traffic calming, and how to make Williamson Road more pedestrian friendly and eliminate cruising. The City Manager advised that the City of Roanoke took the least offensive approach to cruising, as recommended by the Streets and Traffic Division and the Police Department, by installing no left turn signs and no trespassing signs. She concurred in Mr. Carder's comment with regard to the need to address the problem and not the symptoms. She stated that a number of young people who cruise in the City of Roanoke are not residents of the City, but come from outlying areas, therefore, the region needs to look at developing alternate outlays for activities for young people on weekends. TAXES: Mr. Ralph Hayes, 2132 Carver Avenue, N. E., addressed the tobacco tax, and advised that the tobacco tax is bad for the economy and some citizens cannot afford to pay the additional tax. He inquired as to how funds derived from tobacco settlements and the lottery have been used. CITY MANAGER COMMENTS: WATER RESOURCES: The City Manager advised that the Governor has declared a drought emergency throughout the Commonwealth of Virginia and has imposed a number of restrictions on localities; however, it is not anticipated that there will be additional restrictions on residents of the City of Roanoke at this time due to previous restrictions authorized by Council. She advised that the new Muse Spring well is on line and operating as of this afternoon. DECEASED PERSONS-ACTS OF ACKNOWLEDGEMENT: The City Manager called attention to numerous activities which have been planned for citizens of the community on September 11 in memory of the events and those persons who lost their lives on September 11, 2001. (At this point Vice-Mayor Harris left the meeting.) At 3:05 p.m., the Mayor declared the meeting in recess to be reconvened in Closed Session in the Council's Conference Room. At 3:30 p.m., the meeting reconvened in the Council Chamber, with all Members of the Council in attendance, with the exception of Mayor Smith, Vice- Mayor Harris and Council Member Wyatt. COUNCIL: With respect to the Closed Meeting just concluded, Mr. Dowe 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. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler and Dowe .................... -4. NAYS: None ......................................................................................... 0. (Vice-Mayor Harris was absent.) (Mayor Smith and Council Member Wyatt were not in the Council Chamber when the vote was recorded.) COMMITTEES-SPECIAL EVENTS: The Mayor advised that the term of office of Wanda E. English as a member of the Special Events Committee expired on June 30, 2002, and called for nominations to fill the vacancy. Mr. Carder placed in nomination the name of Wanda E. English. There being no further nominations, Ms. English was reappointed as a member of the Special Events Committee, for a term ending June 30, 2003, by the following vote: FOR MS. ENGLISH: Council Members Bestpitch, Carder, Cutler, Dowe, Wyatt and Mayor Smith ........................................................................................... 6. (Vice-Mayor Harris was absent.) OATHS OF OFFICE-VIRGINIA'S FIRST REGIONAL INDUSTRIAL FACILITY AUTHORITY: The Mayor advised that the terms of office of William D. Bestpitch and Elizabeth A. Neu as members of Virginia's First Regional Industrial Facilities Authority, will expire on September 24, 2002, and called for nominations to fill the vacancies. Mr. Carder placed in nomination the name of William D. Bestpitch and Elizabeth A. Neu. There being no further nominations, Mr. Bestpitch and Ms. Neu were reappointed as members of Virginia's First Regional Industrial Facilities Authority, for terms ending September 24, 2006, by the following vote: FOR MR. BESTPITCH AND MS. NEU: Council Members Bestpitch, Carder, Cutler, Dowe, Wyatt and Mayor Smith .............................................................. 6. (Vice-Mayor Harris was absent.) OATHS OF OFFICE-HOUSING/AUTHORITY: The Mayor advised that there is a vacancy on the Fair Housing Board created by the resignation of Bruce L. Robinson and called for nominations to fill the vacancy. Mr. Carder placed in nomination the name of Raymond Debose, Jr. There being no further nominations, Mr. Debose was appointed as a member of the Fair Housing Board, for a term ending March 31, 2003, by the following vote: FOR MR. DEBOSE: Council Members Bestpitch, Carder, Cutler, Dowe, Wyatt and Mayor Smith ......... , ................................................................................. 6. (Vice-Mayor Harris was absent.) OATHS OF OFFICE-TRAFFIC: The Mayor advised that there is a vacancy on the City of Roanoke Transportation Safety Commission to fill the unexpired term of Jerry W. Caldwell, ending October 31, 2004, and called for nominations to fill the vacancy. Mr. Bestpitch placed in nomination the name of Ben A. Burch, II1. There being no further nominations, Mr. Burch was appointed as a member of the City of Roanoke Transportation Safety Commission, for a term ending October 31, 2004, by the following vote: FOR MR. BURCH: Council Members Bestpitch, Carder, Cutler, Dowe, Wyatt and Mayor Smith ........................................................................................... 6. (Vice-Mayor Harris was absent.) COMMITTEES-WAR MEMORIAL: The Mayor advised that there is a vacancy on the War Memorial Committee (City Manager's designee), and called for nominations to fill the vacancy. Mr. Bestpitch placed in nomination the name of Philip C. Schirmer. There being no further nominations, Mr. Schirmerwas appointed as a member of the War Memorial Committee, for a term ending June 30, 2003, by the following vote: FOR MR. SCHIRMER: Council Members Bestpitch, Carder, Cutler, Dowe, Wyatt and Mayor Smith ............................................................................................ -6. (Vice-Mayor Harris was absent.) There being no further business, the Mayor declared the meeting adjourned at 3:35 p.m. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor RALPH K. SMITH 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 October 15, 2002 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: This is to request a Closed Meeting to discuss the 2002 Citizen of the Year Award, pursuant to Section 2.2-3711 (A)(10), Code of Virginia (1950), as amended. Mayor RKS:sm N:\cksml~.genda. O2\Closed Meeting for Citizen of the Year Award,wpd MARY F. PARKER, CMC City Clerk CITY OF ROANOKF OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clcrk~ci.roanok¢.va, us October 18, 2002 File #15-110-488 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Mr. James P. Armstrong 619 Highland Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Armstrong: Your communication tendering your resignation as a member of the Roanoke Neighborhood Partnership Steering Committee, effective October 18, 2002, was before the Council of the City of Roanoke at a regular meeting which was held on Tuesday, October 15, 2002. On motion, duly seconded and adopted, the communication was received and filed and your resignation was accepted. The Members of City Council requested that I express sincere appreciation for your willingness to serve the City of Roanoke as a member of the Roanoke Neighborhood Partnership Steering Committee from April 16, 2001 to October 18, 2002. 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:mh pc: Christine C. Proffitt, Secretary, Roanoke Neighborhood Partnership Committee, 424 Bullitt Avenue, S. E., Roanoke, Virginia 24013 Stephanie M. Moon, Deputy City Clerk Steering H:LAgenda.02\October 15, 2002 correspondence.wpd James P. Armstrong 619 Highland Avenue, SW Roanoke, Virginia 2406 540-345-2611 Jacycle@bigfoot.com Mr. Carl Cooper Chairman Roanoke Neighborhood Partnership Steering Committee Roanoke Neighborhood Partnership Noel Taylor Municipal Building Roanoke, Virginia October 1, 2002 Dear Mr. Cooper: I have accepted a position with the Public Housing Authority Directors Association in Washington D.C. that will require my relocation. As a result, I regret to inform you that I will resign my appointment to the Roanoke Neighborhood Partnership Steering Committee effective October 18, 2002. I hope to be able to attend the next committee meeting. It has been a pleasure to serve, and I hope the committee has found my contributions of some help. Sincerely, ///J~ames P. Armstrong ~ cc: City Clerk CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk October 18, 2002 File #15-110-249 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Martha P. Franklin, Secretary Architectural Review Board Roanoke, Virginia Dear Ms. Franklin: This is to advise you that Kyle G. Ray has qualified as a member of the Architectural Review Board, for a term ending October 1,2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh pc: Stephanie M. Moon, Deputy City Clerk H:~Agenda.02\October 15, 2002 correspondence.wpd Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Kyle G. Ray, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virg nia, and that I will faithfully and mpartially discharge and perform all the duties incumbent upon me as a member of the Architectural Review Board, for a term commencing October 2, 2002, and ending October 1,2006, according to the best of my ability. Subscribed and sworn to before me this I day of (~c-f~' 2002. ARTHUR B. CRUSH, III, CLERK ,DEPUTYCLERK N:\CKMHl~Agenda.02\September 16, 2002.Oaths.wpd CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk October 18, 2002 File #15-110-192 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Susan Bryant-Owens, Secretary Roanoke Civic Center Commission Roanoke, Virginia Dear Ms. Bryant-Owens: This is to advise you that Paul P. Anderson and Mark E. Feldmann have qualified as members of the Roanoke Civic Center Commission, for terms ending September 30, 2005. Sincerely, MFP:mh pc~ Mary F. Parker, CMC City Clerk Stephanie M. Moon, Deputy City Clerk H:~genda.02\October 15, 2002 correspondence.wpd Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Paul P. Anderson, 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 member of the Roanoke Civic Center Commission, for a term commencing October 1,2002, and ending September 30, 2005, according to the best of my ability. Subscribed and sworn to before me this ,5c~ day of 5~.?~-- 2002. ,DEPUTYCLERK N:\CKMHl~Agenda.02\September 16, 2002.Oaths.wpd Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Mark E. Feldmann, 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 member of the Roanoke Civic Center Commission, for a term commencing October 1,2002, and ending September 30, 2005, according to the best of my ability. Subscribed and sworn to before me this ~ day of 0(..~ , 2002. ARTHUR B. CRUSH, III, CLERK DEPUTY CLERK N:\CKMHl~Agenda.02\September 16, 2002.Oaths.wpd CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk October 18, 2002 File #15-110-316 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Georgene P. Elmore, Secretary City of Roanoke Transportation Safety Commission Roanoke, Virginia Dear Ms. Elmore: This is to advise you that E. W. Tibbs has qualified as a member of the City of Roanoke Transportation Safety Commission, for a term ending October 31,2004. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh pc: Stephanie M. Moon, Deputy City Clerk H:L&genda.02\October 15, 2002 correspondence.wpd Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, E. W. Tibbs, 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 member of the City of Roanoke Transportation Safety Commission, for a term ending October 31,2004, according to the best of my ability. Subscribed and sworn to before me this ( day of OC"~-'2002. ,DEPUTYCLERK N:\CKMHl~Agenda.02\September 16, 2002.Oaths.wpd CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk October 18, 2002 File #15-110-429 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Jesse A. Hall, Secretary Board of Trustees, City of Roanoke Pension Plan Roanoke, Virginia Dear Mr. Hall: This is to advise you that Efren T. Gonzalez has qualified as a member of the Board of Trustees, City of Roanoke Pension Plan, for a term ending June 30, 2006. Mary F. Parker, CMC City Clerk MFP:mh pc~ Andrea F. Trent, Retirement Administrator Stephanie M. Moon, Deputy City Clerk H:~Agenda.02\October 15, 2002 correspondence.wpd Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Efren T. Gonzalez, 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 member of the Board of Trustees, City of Roanoke Pension Plan, for a term ending June 30, 2006, according to the best of my ability. Subscribed and sworn to before me this .'1o day of $,-.¢2'" 2002. , DEPUTY CLERK N:\CKMHl~Agenda.02\September 16, 2002.Oaths.wpd CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com October 15, 2002 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: Subject: Neighborhood Selection Task Force Timeline This is to request space on Council's regular agenda for a 10,minute briefing on the above referenced subject. Respectfully submitted, Darlene L. Burc-CrAm City Manager DLB:sm C: City Attorney Director of Finance City Clerk CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk October 18, 2002 File #70-354 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36090-101502 authorizing execution of a contract for an Operational Medical Director for Fire-EMS to provide medical oversight for prehospital care. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, October 15, 2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc; Jesse A. Hall, Director of Finance George C. Snead, Jr., Assistant City Manager for Operations James Grigsby, Chief, Fire/EMS Department HSAgenda.02\October 15, 2002 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 2002. No. 36090-101502. A RESOLUTION authorizing the execution of a contract for an Operational Medical Director (OMD) for Fire-EMS to provide medical oversight for the provision ofprehospital care. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, a contract for an Operational Medical Director (OMD) for Fire-EMS, which comract provides that the City will indemnify the OMD, as more particularly described in the City Manager's letter to Council dated October 15, 2002. 2. Such contract will be approved as to form by the City Attorney. ATTEST: City Clerk. H:LMeasures\operational medical director measure, doc CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com October 15, 2002 Honorable Ralph K. Smith, Mayor Honorable C. Nelson Harris, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable William H. Carder, Council Member Honorable Dr. M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Contract for Operational Medical Director To be in compliance with the Department of Health, Office of Emergency Medical Services, EMS Licensor requirements, the City of Roanoke is required to have an Operational Medical Director (OMD) appointed to provide medical oversight for the provision of prehospital care. This is a volunteer position, generally filled by a physician who is not a City employee, and no fees are currently involved. Pursuant to the agreement attached hereto, the City will defend and indemnify the OMD when any judgment or settlement results from actions which are done in good faith; done in a reasonable belief that such actions are in the best interest of the City and are in furtherance of the official policies and practices of the City; are within the scope of authority of the OMD; are within the course of serving as the OMD; and are not willful, malicious or wanton. Recommended Action: Authorize the City Manager to execute on behalf of the City of Roanoke, a contract approved as to form by the City Attorney and substantially in the form attached, with the qualified candidate as the Operational Medical Director. DLB/Isc C: City Manager Mary F. Parker, City Clerk George C. Snead, Jr., Assistant City Manager for Operations William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance James Grigsby, Fire-EMS Chief CM02-00222 OPERATIONAL MEDICAL DIRECTOR AGREEMENT THIS AGREEMENT is made this __ day of , 20 , by and between, Operational Medical Director (hereafter "OMD") and City of Roanoke, (hereafter "City"). WHEREAS, the City is required by the Department of Health, Office of Emergency Medical Services to have an OMD to be in compliance with EMS Agency Licensor requirements. WHEREAS, the City recognizes the need for medical direction in the daily operation of Emergency Medical Services. WHEREAS, the contracting parties desire to cooperate to provide quality pre-hospital care to the citizens of Roanoke. NOW, THEREFORE, for and in consideration of the foregoing and the mutual promises contained herein, the parties agree as follows: A. The OMD shall: Maintain all necessary certifications and other related requirements as outlined by the State Department of Health, Office of EMS to serve as an Operational Medical Director. Assist in the establishment and maintenance of policies and procedures related to BLS/ALS skill proficiency requirements and approval of ALS and BLS attendant-in-charge provider status. Establish agency wide treatment and operational protocols as they relate to the delivery of medical care. Suspend or terminate the ability to practice medical care of any City EMS provider with due cause. Serve as the OMD as required for Virginia Office of EMS certification and re- certification programs for City EMS providers. Maintain professional malpractice insurance which pertains to OMD activity in minimum amount required by State statutes, rules and/or regulations. Provide off/on site medical direction for special events occurring within the City of Roanoke. Maintain medical direction over mutual aid EMS agencies providing medical coverage for special events. H:\Agmts\Operational Medical Director Agreement.doc 1 8. Meet with designated Roanoke Fire-EMS staff twice a month. Provide medical oversight for the City's Quality Assurance Committee. 9. Assist with the review and investigation of any complaint related to delivery of medical care and provide written opinions/evaluations as appropriate. 10. Meet other requirements as outlined in section 3.4 of the Rules and Regulations of the Board of Health Commonwealth of Virginia, Governing Emergency Medical Services. B. The City shall: 1. Comply with all sections of the Rules and Regulations of the Board of Health Commonwealth of Virginia, Governing Emergency Medical Services. 2. Comply with medical direction as requested by the OMD. 3. Provide the OMD with a copy of agency and related state licenses. 4. Provide the OMI) with one (1) alpha numeric pager and a department radio. 5. Meet with the OMD twice a month. 6. Maintain current training records on all personnel operating under OMD license. Provide the OMD with updates to provider roster as changes occur to include provider certification number and provider status. 7. Administer the EMS Quality Assurance program. 8. Notify the OMD of all complaints related to delivery of EMS and provide details of investigative findings. 9. Provide administrative support as needed for the OMD to carry out duties required within this Agreement. 10. Provide funding not to exceed $500.00 per fiscal year for training and continuing education for the OMD. 11. Defend and indemnify the OMD as follows: A. Defense. 1. Where any City liability insurance policy exists covering the H:\Agmts\Operational Medical Director Agreement .doc 2 OMD, defense of claims thereunder shall be provided in accordance with the terms of such policy of insurance. The City Attorney may represent the OMD to the extent deemed necessary by the City Attorney to supplement legal counsel provided under such liability insurance policy. Where the City has no applicable liability insurance policy, the City Attorney shall, upon request, represent or cause to be represented, without charge, the OMD with respect to any claim or cause of action against the OMD arising from the conduct by the OMD of his/her duties as OMD under this Agreement; provided the OMD may, in his/her discretion, retain his/her own counsel at his/her personal expense. Such conduct is hereby deemed to include administrative and professional malpractice, as well as acts committed or alleged to have been committed which result in or are alleged to result in deprivations of rights, privileges and immunities guaranteed by the United States or Virginia Constitutions or any statute affording a cause of action for damages or injunctive relief for such deprivations. Indemnification. If the OMD is represented by the City Attorney or special counsel retained by the City and the OMD shall become legally obligated to pay any claim, including costs or award of attorneys' fees, by way of judgment or City-approved settlement arising from the conduct of the OMD in the discharge of his/her duties the OMD shallbe entitled to indemnification therefor in the absence of applicable insurance coverage where the claim shall have been determined by the City Manager, upon the recommendation of the City Attorney, to have resulted from actions which: 1. Were done in good faith; 2. Were done in the reasonable belief that such actions were in the best interest of the City and were in furtherance of the official policies and practices of the City; 3. Were within the scope of authority of the OMD; 4. Were within the course of serving as the OMD; and 5, Were not wilful, malicious or wanton. C. Punitive damages. Punitive damages shall not be paid in any event. Criminal charges. In no event shall legal fees be paid on behalf of the OMD or legal counsel be provided by the City Attorney for the defense of criminal or traffic charges alleged to have been committed by the H:\Agmts\Operational Medical Director Agreement.doc 3 OMD nor shall any fines or penalties imposed for criminal or traffic convictions be reimbursed by the City. Notice. The provisions of this section regarding defense and indemnification shall apply only where the City has been given timely written notice of any action brought against the OMD arising from the conduct of the OMD in the discharge of his/her duties as the OMD of the City Department of Emergency Medical Services. Such notice shall be given to the City Attorney or the City's Chief of Fire-EMS. Conflicts of interests. In the event of any real or potential conflict of interests involving the City Attorne3/s representation of the City or OMD with respect to any claim, lawsuit or combination of claims or lawsuits or in the event that any such conflict of interests or other ethical considerations might impede effective representation and legal defense by the City Attorney, the City Attorney shall be authorized to retain additional counsel, at his discretion, to represent the OMD it shall, in the City Attorney's opinion require such counsel. Immunity. Nothing contained in this Agreement shall be construed to abrogate or waive any defense of sovereign or governmental immunity or other immunity on behalf of the City of Roanoke or any defense of official or other immunity on behalf of the OMD. Severability. In the event that any provision of this Agreement shall be determined to be void by a court of competent jurisdiction, it shall be deemed severed and all other provisions shall continue in full force and effect. Effective date. This Agreement shall be in full force and effect and shall be valid for a period not to exceed two years from date of this Agreement. Thereafter, the Agreement shall continue on a year-to-year basis unless either party shall provide written notice to the other party at least thirty (30) days prior to the proposed renewal date.. Termination. This Agreement may be terminated by either party upon thirty (30) days written notice. Entire Understanding. This Agreement contains the entire understanding of all parties and shall not be altered, amended, or modified, except by an agreement in writing executed by the duly authorized officials of both parties. Governing Law. The laws of Virginia shall govern the validity and interpretation of the provisions, terms, and conditions of the Agreement. H:\Agmts\Operational Medical Director Agreement.doc 4 I. Notice. Any notice required by this Agreement shall be provided: tO tO Chief James Grigsby, Fire-EMS City of Roanoke 541 Luck Street, Suite 120 Roanoke, VA 24016 or to William M. Hackworth, City Attorney 215 Church Avenue, Room 464 Roanoke, VA 24011 IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed by their respective authorized officers as of the day, month, and year as stated in the first paragraph of this Agreement. WITNESS OPERATIONAL MEDICAL DIRECTOR Printed Name: ATTEST: CITY OF ROANOKE, VIRGINIA City Clerk City Manager Approved as to Form: Approved as to Execution: City Attorney City Attorney H:\Agmts\Operationat Medical Director Agreement.doc 5 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk October 18, 2002 File #178-553 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 36093-101502 authorizing an Amendment to the Contract for Management and Operation Services between the City of Roanoke and Lancer Parking, L.L.C., dated July 1,2002, regarding certain parking facilities; authorizing the City Manager to make future adjustments to such contract; and dispensing with the second reading by title of this ordinance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, October 15, 2002, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk Attachment pc; M. Scott Diggs, President, Lancer Parking, L.L.C., 1319 CC Military Cut Off, PMB #214, Wilmington, North Carolina 28405 Jesse A. Hall, Director of Finance Elizabeth A. Neu, Director, Economic Development Barry L. Key, Director, Office of Management and Budget Deborah J. Moses, Executive Director, Hotel Roanoke Conference Center Commission H:~Agenda.02\October 15, 2002 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 151;h day of October, 2002. lqo. 36093-101502. AN ORDINANCE authorizing an Amendment to the Contract for Management and Operation Services between the City of Roanoke and Lancor Parking, L.L.C., dated July 1, 2002, regarding certain parking facilities; authorizing the City Manager to make future adjustments to such contract; and dispensing with the second reading by title of this ordinance. WHEREAS, the City entered into a Contract dated July 1, 2002, (Contract) with Lancor Parking, L.L.C., (Lancor) for management and operation services of certain City owned or ~ntrolled parking garages and surface parking lots (Parking Facilities), authorized by Ordinance No. 35966- 070102; and WHEREAS, the City and Laneor desire to amend the Contract to allow for the addition of two parking facilities to be controlled by the City that are not now included in the Contract and to provide for additional management fees to Laneor for such additional management and operation services. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council, in accordance with the City Manager's letter to Council dated October 15, 2002, hereby approves amending the Contract for Management and Operation Services between the City and Lancor dated July 1, 2002, involving certain parking facilities which will include provisions for the following: A. Two surface parking lots in downtown Roanoke consisting of the Bullitt Avenue Surface Lot (sometimes referred to as "The Park" lot), Tax Map Nos. 4013321 and 4013322, and the Church Avenue Surface Lot (sometimes referred to as the "Nickel" lot), Tax Map No. 4011413, will be added to the definition of Parking Facilities set forth in the Contract with Lancor for management of those facilities by Lancor. B. The term for Lancor to provide management and operation services for the two Co additional parking facilities will commence on November 1, 2002, and will continue during the term of the Contract, subject to all of the terms and conditions of the Contract. For the increase of additional services mentioned above, Lancor will receive an increase in the management fee to be paid Lancor as follows: TIME PERIOD FOR MONTHLY MANAGEMENT FEE INCREASE ADDITIONAL SERVICES BULLITT AVENUE CHURCH AVENUE SURFACE PARKING LOT SURFACE PARKING LOT 11/01/02 TO 07/3 1/03 $2,846 $316 08/01/03 TO 07/3 1/04 $2,931 $325 08/01/04 TO 07/31/05 $3,019 $335 OPTION PERIOD 08/01/05 TO 07/31/06 $3,110 $345 2. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, the requisite Contract Amendment with Lancor, such Amendment to be in a form approved by the City Attorney, and to take such further action and to execute such further documents as may be necessary to implement and administer such Amendment. 3. In order to provide for the orderly administration of City owned or controlled parking facilities within the City, the City Manager is further authorized to add or delete from the Contract with Lancor such parking facilities and adjust the management fees with Lancor in connection with such addition or deletion of parking facilities as she may deem appropriate and as provided for in such Contract, provided that the management fee change is not more than 25% of the original or amended contract amount, and to take such further action and to execute such further documents, including amendments to the Contract, as may be necessary to administer such Contract. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. H:~Measurezklancor.doc 2 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk October 18, 2002 File #178-553 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36092-101502 providing for adoption of parking fees to be charged at the Salem Avenue, Church Avenue and Bullitt Avenue Surface Parking Lots; and directing amendment of the Fee Compendium. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, October 15, 2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Jesse A. Hall, Director of Finance Elizabeth A. Neu, Director, Economic Development Barry L. Key, Director, Office of Management and Budget Deborah J. Moses, Executive Director, Hotel Roanoke Commission Conference Center H:~Agenda.02\October 15, 2002 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15~:h day of October, 2002. lqo. 36092-101502. A RESOLUTION providing for the adoption of parking fees to be charged at the Salem Avenue, Church Avenue and Bullitt Avenue Surface Parking Lots; and directing amendment of the Fee Compendium. WHEREAS City Council authorized the City Manager to purchase Tax Map Numbers 1010409,1010410 and 1010411 on Salem Avenue for the purpose of providing a surface parking lot; and WHEREAS, the City of Roanoke Redevelopment and Housing Authority owns the Bullitt Avenue Surface Parking Lot ( sometimes referred to as the "Park" lot) located at the comer of Bullitt Avenue and Williamson Road, Official Tax Map numbers 4013321 and 4013322;and WHEREAS, the City of Roanoke Redevelopment and Housing Authority owns the Church Avenue Surface Parking Lot (sometimes referred to as the "Nickel" lot) at the comer of Church Avenue and Williamson Road, Official Tax Map Number 4011413; and WHEREAS the City of Roanoke Redevelopment and Housing Authority wishes the Bullitt Avenue and Church Avenue Surface Parking Lots be managed and operated by the City in a manner consistent with the City parking facilities and has indicated its intention to allow the City to do so; and WHEREAS the City wishes to establish parking fees to be charged at the Salem Avenue, Church Avenue and Bullitt Avenue Surface Parking Lots. THEREFORE, BE IT RESOLVED, by the Council of the City of Roanoke as follows: 1. The parking fees for the Salem Avenue, Church Avenue and Bullitt Avenue Surface Parking Lots shall be in accordance with the following schedule effective November 1, 2002. Parking Fees to be Effective November 1, 2002 Parking Fees For Salem Avenue Surface Parking Lot Short Term Monthly $2.75 all day $52.50/mo unreserved Parking Fees For Church Avenue Surface Parking Lot Short Term Monthly $4.25 all day $65.00/mo unreserved Parking Fees for Bullitt Avenue Surface Parking Lot Short Term Monthly $3.00 all day $43.00/mo unreserved Parking fees as set forth above are on a space available basis. The parking fees shall be charged between 6 am and 6 pm Monday through Friday. Parking at other times during the week and on weekends shall be free of charge. 2. The City Manager or her designee is hereby authorized to modify or waive the parking fees for the above parking lots for City sponsored events or other special events, as the City Manager may deem appropriate. 3. Any payment of monthly parking fees received more than seven (7) calendar days after such fees are due may be assessed a $5.00 late fee in addition to the monthly fee charged. 4. The parking fees set forth herein will not be applicable to parking agreements that provide for a specific parking rate for a specified period of time unless 2 otherwise provided for in those agreements or until such agreements expire or are terminated. 5. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by the City Council by Resolution 32412-032795, adopted March 27, 1995, effective as of that date, shall be amended to reflect the fees to be charged at the Salem Avenue, Church Avenue and Bullitt Avenue Surface Parking Lots. ATTEST: City Clerk 3 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk October 18, 2002 File #178-553 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36091-101502 authorizing execution of a Parking Lot Management Agreement between the City of Roanoke and the City of Roanoke Redevelopment and Housing Authority; and authorizing the City Manager to take such further action and to execute such further documents as may be necessary to implement and administer said Agreement. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, October 15, 2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: John P. Baker, Executive Director, City of Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Jesse A. Hall, Director of Finance Elizabeth A. Neu, Director, Economic Development Barry L. Key, Director, Office of Management and Budget Deborah J. Moses, Executive Director, Hotel Roanoke Conference Center Commission H:~Agenda.02\October 15, 2002 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 2002. V,No.' 36091-101502. A RESOLUTION authorizing the execution of a Parking Lot Management Agreement between the City of Roanoke and the City of Roanoke Redevelopment and Housing Authority (RRHA); and authorizing the City Manager to take such further action and execute such further documents as may be necessary to implement and administer such Agreement. BE IT RESOLVED by the Council of the City of Roanoke as follows:' 1. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, a Parking Lot Management Agreement between the City of Roanoke and the City of Roanoke Redevelopment and Housing Authority (RRHA) that will allow the City to provide management and operation services for the following two surface parking lots owned by the RRHA: (1) the Bullitt Avenue Surface Lot (sometimes referred to as the "Park" lot) located at the corner of Bullitt Avenue and Williamson Road, Official Tax Map Nos. 4013321 and 4013322; and (2) the Church Avenue Surface Parking Lot (sometimes referred to as the "Nickel" lot) located at the corner of Church Avenue and Williamson Road, Official Tax Map No. 4011413. Such Agreement shall be substantially similar to the one attached to the City Manager's letter to Council dated October 15, 2002, including the term of the Agreement and the indemnity and insurance requirements referred to therein. 2. The form of the Agreement shall be approved by the City Attorney. 3. The City Manager is also authorized to take such further action and execute such further documents as may be necessary to implement and administer such Agreement. ATTEST: H:/Measures\Management agreement bullitt and church plots.doc City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com October 15, 2002 Honorable Honorable Honorable Honorable Honorable Honorable Honorable Ralph K. Smith, Mayor C. Nelson Harris, Vice Mayor William D. Bestpitch, Council Member William H. Carder, Council Member M. Rupert Cutler, Council Member Alfred T. Dowe, Jr., Council Member Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Background: Subject: Amendment to the Management and Operation Services Contract between the City of Roanoke and Lancor Parking, L.L.C., and the Establishment of Parking Fees for Bullitt Avenue, Church Avenue and the Salem Avenue Surface Parking Lots On July 1, 2002, City Council accepted the proposal of Lancor Parking, L.L.C. to provide management and operation services for certain City owned and/or controlled parking facilities. The contract became effective August 1, 2002 and provided for the management and operation of the Church Avenue, Market Square, Tower, Williamson Road, Gainsboro and Century Station Parking Garages and the Salem Avenue, Gainsboro, Williamson Road and Norfolk Avenue Surface Parking Lots. Although the Salem Avenue Surface Lot is one of the facilities included under this management contract, the lot was not able to be placed into operation due to the construction of the Linear Rail Walk. Construction of the Linear Rail Walk has progressed to the point that the Salem Avenue Surface Lot can now be placed into operation. In the downtown area, the Roanoke Redevelopment and Housing Authority (RRHA) owns the Bullitt Avenue Surface Lot (sometimes referred to as "The Park" Lot ) located at the corner of Bullitt Avenue and Williamson Road (Official Tax Map Numbers 4013321 and 4013322) and the Church Avenue Surface Lot (sometimes referred to as the "Nickel "Lot), located at the corner cf Church Avenue and Williamson Road ( Official Tax Map Number 401 !413). Both Honorable Mayor and Members of Council October 15, 2002 Page 2 of these lots were purchased by the RRHA in conjunction with the Downtown East Redevelopment Plan. In order to provide for consistent management and operation of the Bullitt Avenue and Church Avenue Surface Parking Lots, with those parking facilities currently being managed by Lancor Parking, L.L.C. for the City, and, to provide for uses of these lots to be consistent with the Downtown East Redevelopment Plan, the RRHA has indicated its intention to allow the City to provide for the management and operation of the Bullitt Avenue and Church Avenue Surface Parking Lots which the City plans to do through an amendment to the City's management and operation services contract with Lancor Parking, L.L.C. Attachment I-A is a proposed Parking Lot Management Agreement between the City and RRHA that allows the City to manage and operate the two parking lots. The Agreement is for one year, starting November 1, 2002, and month to month thereafter, but also allows either party to cancel it upon thirty days written notice. It also contains indemnity and insurance requirements from the City to RRHA as set forth therein. The indemnity language is an exception to the City's usual practice, and only Council can waive the City's immunity and agree to this. Considerations: Lancor Parking, L.L.C., has recommended, and city staff concur, with the establishment of parking fees to be charged to park at the Salem Avenue, Bullitt Avenue and Church Avenue Surface Parking Lots as described in Attachment A to this letter. The City Manager or her designee should be authorized to modify or waive parking fees for City sponsored events or other special events, as deemed appropriate by the City Manager. Furthermore, any payments of monthly parking fees received more than seven (7) days after such fees are due, may be assessed a $5.00 late fee in addition to the monthly rate charged. In order to provide for the management and operation of the Bullitt Avenue and Church Avenue Surface Parking Lots, the management and operation services contract dated July 1, 2002 between the City and Lancor Parking, L.L.C., should be amended to provide for the provision of management and operation services for the Bullitt Avenue and Church Avenue Surface Parking Lots and to adjust the management fees, as described in Attachment B to this letter, to be paid to Lancor Parking, L.L.C., to compensate for these additional services. Funding is available in account 007-540-8220-2050 to compensate Lancor Parking, L.L.C. for these additional services. Furthermore, the City Manager needs authorization to add or delete such parking facilities and adjust the management fee with Lancor Parking, L.L.C., as she may deem appropriate and as provided by the contract, provided the change to the management fee is not more than twenty-five per cent of the original or amended contract amount. City staff and Lancor Parking, L.L.C. are in the process of Honorable Mayor and Members of Council October 15, 2002 Page 3 evaluating the overall parking fee structure for the entire City of Roanoke Parking System which may result in additional changes to the manner in which fees are determined. Recommendations: Authorize the City Manager to execute a Parking Management Agreement between the City and the City of Roanoke Redevelopment and Housing Authority as mentioned above, substantially similar to Attachment l-A, in a form approved by the City Attorney, and to take such further actions and execute such further documents as may be necessary to implement and administer such Agreement. Approve the parking fees as set forth in Attachment A, amend the Fee Compendium establishing the parking fees to be charged to park in the Salem Avenue, Church Avenue and Bullitt Avenue Surface Parking Lots, authorize the City Manager to modify or waive the parking fees and provide for a $5.00 late fee as set forth above. City Council authorize the City Manager to enter into an amendment, in a form approved by the City Attorney, to the contract between the City of Roanoke and Lancor Parking, L.L.C., dated July 1, 2002, to provide management and operation services for the Bullitt Avenue and Church Avenue Surface Parking Lots and to adjust the management fee, as described in Attachment B to this letter, paid to Lancor Parking L.L.C. to compensate for these additional services. Authorize the City Manager to add or delete from the contract with Lancor Parking, L.L.C., such parking facilities and adjust the management fee with them as she may deem appropriate and as provided for in such contract, provided the management fee change is not more than twenty-five percent of the original or amended contract amount, and to take such further action and execute such further documents, including amendments, as may be necessary to administer such contract. DLB: djm C: ub,rnitted, Darlene L. ~ City Manager Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Elizabeth Neu, Director of Management and Budget Barry Key, Manager, Office of Management and Budget Debbie Moses CM02-0225 Attachment A Parking Fees Effective November 1, 2002 Salem Avenue, Church Avenue and Bullitt Avenue Surface Parking Lots Short Term $2.75 all day Short Term $4.25 all day Short Term $3.00 all day Salem Avenue Surface Parking Lot Monthly (unreserved) $52.50/month Church Avenue Surface Parking Lot Monthly (unreserved) $65.00/month Bullitt Avenue Surface Parking Lot Monthly (unreserved) $43.00/month Parking fees as set forth above are on a space available basis. The parking Fees shall be charged between 6 am and 6 pm Monday through Friday. Parking at other times during the week and on weekends shall be free of charge. Attachment 1-A PARKING LOT MANAGEMENT AGREEMENT THIS AGREEMENT is made this __ day of October, 2002, by and between the City of Roanoke, a municipal corporation of the Commonwealth of Virginia (the "City") and the City of Roanoke Redevelopment and Housing Authority, a political subdivision of the Commonwealth of Virginia ("RRHA"). WHEREAS, RRHA acquired certain real estate located in the City pursuant to the Redevelopment Plan for Downtown East Redevelopment Project, Project Virginia R-42, dated March 5, 1968, as amended (the "Redevelopment Plan"), and WHEREAS, pursuant to the aforesaid real estate acquisition, RRHA is the fee simple owner of (1) certain real estate located in the City more particularly known as the "Nickel" parking lot, Downtown East Project, CD-3 and identified as Tax Map Number 4011413, as set forth on Exhibit A attached hereto, and (2) two parcels known as the "Bullitt" parking lot, Downtown East Project, CD-3 and identified as Tax Map Numbers 4013321 and 4013322, and shown as parcels 5 and 6 on Exhibit B attached hereto, and WHEREAS, the aforesaid real estate is designated for private development use by the Redevelopment Plan, and WHEREAS, pending said development RRHA and the City desire that the City shall manage the parking operations in the Nickel and Bullitt Lots, hereinafter collectively referred to as the "Parking Lots", and WHEREAS, the City and RRHA desire to enter into this Parking Lot Management Agreement ( hereinafter sometimes referred to as the "Agreement") to insure efficient, safe and economic public parking for the citizens of and visitors to the City. NOW THEREFORE, in consideration of the benefits to accrue to the City and its citizens from the parking operations to be conducted on the Parking Lots and of the mutual covenants hereinafter set forth, the City and RRHA agree as follows: 1. RRHA hereby contracts with the City for the exclusive management of the Parking Lots by the City, which obligation is hereby accepted by the City, subject to the terms and conditions set forth below. 2. The City shall be solely responsible for the management of the Parking Lots including but not limited to the selection of an operator for the Parking Lots, the contracting with said operator, payment of same and receipt of all income produced thereby. 3. The City shall bear exclusive oversight responsibility for the operation of the Parking Lots which shall include but not be limited to the payment of all administrative and related expenses incurred in connection with the operation of the parking Lots, the establishment of parking fees, the collection of all fees and related income associated therewith and the provision of and payment for any and all improvements deemed necessary to furnish adequate parking facilities on the Parking Lots. 4. The City shall be exclusively responsible for the conduct of the business operations of the operator of the Parking Lots selected by the City in connection with its operation of the Parking Lots, which shall include but not be limited to the operator's duties and obligations owed to the parking customers, the maintenance of the Parking Lots including necessary repairs and improvements, and the collection of parking fees. 5. The parties agree that it is their intention, by the execution of this Parking Lot Management Agreement, that the City shall assume control over and responsibility for the parking operations conducted at the Parking Lots and that RRHA shall be relieved of any such responsibility whatsoever during the term(s) of this Agreement. 6. The term of this Agreement shall be for one (1) year commencing on November 1, 2002, and ending on October 31, 2003; provided, however, that either party hereto may terminate this Agreement upon the giving of thirty (30) days written notice of said termination to the other party as specified herein. In the event that this Agreement is in effect on October 31, 2003, the term shall continue on a month to month basis until terminated as set forth herein. 7. To the extent permitted by law, the City will indemnify RRHA and hold RRHA harmless from and against any and all loss, cost, damage or liability (including reasonable attorney's fees and court costs) arising out of or resulting from City's performance of or failure to perform its obligations under this Agreement. The City will maintain or have its operator maintain in force during the term(s) of this Agreement a policy of commercial general liability insurance with combined single limit coverage of at least one million dollars ($1,000,000) and including an endorsement providing coverage for liability assumed by contract and designating RRHA as an additional named insured. 8. All notices, elections, requests and other communications hereunder shall be in writing and shall be deemed sufficiently given when deposited in the United States mail, postage prepaid, certified or registered, or when delivered to a nationally recognized overnight courier service with guaranteed next business day delivery and addressed as follows (or to such other person, or to such other address, of which any party hereto shall have given written notice as provided herein): IF TO CITY: City Manager City of Roanoke Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011 with copy to: Parking Management Coordinator 106 Shenandoah Avenue, N.W. Roanoke, Virginia 24016 IF TO RRHA: John H. Urquhart, Risk Manager Roanoke Redevelopment and Housing Authority 2624 Salem Turnpike, N.W. Roanoke, Virginia 24017 with copy to: John P. Grove, Esq. Woods, Rogers & Hazlegrove, P.L.C. P.O. Box 14125 Roanoke, Virginia 24038-4125 9. This Parking Lot Management Agreement shall be governed by the laws of the Commonwealth of Virginia. It constitutes the entire agreement between the City and RRHA with respect to the Management of the Parking Lots. No attempted amendment or modification will be effective unless in writing and signed by both the City and RRHA. WITNESS the following signatures and seals as of the date above written. City of Roanoke Redevelopment and Housing Authority By: John P. Baker, Executive Director City of Roanoke By: Darlene L. Burcham, City Manager Attachment B Fees for the Management and Operation Services for Bullitt Avenue and Church Avenue Surface Parking Lots Effective November 1, 2002 Bullitt Avenue Surface Parking Lot Church Avenue Surface Parking Lot Total Management Fees For All Parking Facilities Monthly Management Fee Yr 1-$2,846' /mo Yr 2-$2,931 /mo Yr 3-$3,019 /mo Yr 4-$3,110 /mo Yr 1-$316' /mo Yr 2~$325 /mo Yr 3-$335 /mo Yr 4-$345 /mo Annual Management Fee Grand Total Management $157,272.50 /mo $1,877,784 Fee for 1st Three Years *(9)months Yr 1- $2,844 Yr 2- $3,900 Yr 3- $4,020 Yr 4- $4,140 Yrl- $612,487 Yr2- $623,297 Yr3- $642,000 Yr4- $674,964 Yr1-$51,831.08 /mo Yr2-$51,941.42 /mo Yr3-$53,500.00 /mo Yr4-$56,247.00 /mo Yrl-$25,614 Yr2-$35,172 Yr3-$36,228 Yr4-$37,320 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk October 18, 2002 File #68-165-178-236 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36094-101502 concurring in a recommendation of the Neighborhood Task Selection Task Force for substantial targeting of the City's funds from the U. S. Department of Housing and Urban Development under the Community Development Block Grant, Emergency Shelter Grant and Home Investment Partnerships program. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, October 15, 2002. Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Jesse A. Hall, Director of Finance Rolanda A. Johnson, Assistant City Manager for Community Development R. Brian Townsend, Director, Department of Planning, Building and Development F. Mike Etienne, Acting Director, Housing and Neighborhood Services Barry L. Key, Director, Office of Management and Budget Frank E. Baratta, Budget Team Leader H:XAgenda.02\October 15, 2002 correspondence.wpd IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 2002. No. 36094-101502. A RESOLUTION concurring in the recommendation of the Neighborhood Task Selection Task Force for the substantial targeting of the City's funds from the U. S. Department of Housing and Urban Development ("HUD") under the Community Development Block Grant, Emergency Shelter Grant and Home Investment Partnerships program. WHEREAS, by Resolution No. 35570-091701, dated September 17, 2001, Council adopted the "Policy on HUD Funds," one of the purposes of which is the substantial targeting of the City's funds from HUD to create a visible and lasting impact in selected neighborhoods; and WHEREAS, the City Manager appointed the Neighborhood SelectiOn Task Force ("NSTF") to recommend neighborhoods where the funds should next be targeted; and WHEREAS, the NSTF recommended that the Gainsboro, Hurt Park, Washington Park, Loudon-Melrose, Old Southwest and Gilmer Northwest Neighborhood Environmental Organization neighborhoods be targeted in the coming years. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that City Council concurs in the recommendations of the NSTF for the substantial targeting of the City's HUD fimds to the Gainsboro, Hurt Park, Washington Park, Loudon-Melrose, Old Southwest and Gilmer Northwest Neighborhood Environmental Organization neighborhoods, as more particularly set forth in the City Manager's letter dated October 15, 2002, to this Council. ATTEST: H:~..ESOLUTI ONS~R-CONCENTRATEDREVIALEFFORT$101502.DOC City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com October 15, 2002 Honorable Ralph K. Smith, Mayor Honorable C. Nelson Harris, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable William H. Carder, Council Member Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of Council: Subject: Selection of Future Neighborhoods for Concentrated Revitalization Efforts Background: Each year, the City of Roanoke receives approximately $3.0 million in entitlement grants from the U.S. Department of Housing and Urban Development (HUD) under the Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG) and HOME Investment Partnerships (HOME) programs. At its meeting on September 17, 2001, City Council adopted the "Policy on HUD Funds," one provision of which is the substantial targeting of these funds to create visible and lasting impact. The initial targeting activity under the policy was presented to Council in October, 2001, and is moving forward in the area bordered by Bullitt and Jamison Avenues between 6th and 13th Streets. In April, 2002, the City Manager appointed the Neighborhood Selection Task Force (NSTF) and charged it with recommending the neighborhoods where these resources should next be targeted during the coming years. On September 19, 2002, the NSTF recommendations were submitted to the City Manager. Considerations: Because of the rules involved with the federal grants, the areas eligible for consideration within neighborhoods are those in which most of the families have Iow or moderate incomes. A total of twenty-six (26) such eligible areas were considered. While originally asked to recommend five (5) of the areas, the ratings of the fourth, fifth and sixth areas were extremely close, so that the NSTF found it appropriate to recommend six (6) areas. In making this recommendation, the NSTF considered it important that the City have the discretion to modify the order of neighborhood project implementation, based on the time needed to plan and leverage financing The Honorable Mayor and Members of Council October 15, 2002 Page 2 or other critical circumstances that affect the ability to succeed in a given neighborhood. The full report of the NSTF is attached to this Council Letter. Recommended Action: City Council approve the substantial targeting of the City's HUD funds to one or more of the block groups within each of the Gainsboro, Hurt Park, Washington Park, Loudon-Melrose, Old Southwest and Gilmer/NNEO neighborhoods and that the City have the discretion to implement the neighborhood projects in an order that considers the time needed to plan and leverage financing or other critical circumstances that would affect the ability to succeed in each neighborhood. Respectfully submitted, City Manager DLB:fb Attachments O: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Frank E. Baratta, Budget Team Leader CM02-00228 Memorandum Date: To: From: Subject: September 19, 2002 Darlene L. Burcham, City Manager Laura Benjamin, Chair, Neighborhood Selection Task Force Neighborhood Selection Task Force (NSTF) Recommendations Purpose - This is to summarize and offer for your consideration the recommendation of the NSTF regarding the top priority neighborhoods that should receive concentrated revitalization efforts in which the City's HUD funds form the core resources. This memorandum also summarizes activities suggested as a follow-up, should you approve the recommendation. Background -The NSTF was established as a City-Manager-appointed body whose purpose was to implement certain aspects of the "HUD Funds Policy" adopted by City Council at its September 17, 2001, meeting. In particular, the policy calls for developing a plan identifying neighborhood areas of the City that should be targeted for the concentration of HUD resources, with the aim of creating visible and lasting impact over the coming years. The specific charge to the NSTF was to identify the next five (5) neighborhood areas to be targeted. As will be discussed below, the process used by the NSTF was such that recommending six (6) neighborhoods appeared more appropriate. The NSTF's work began this past April and was tentatively concluded at its meeting held September 18, 2002. (The members and staff of this body are provided as an attachment to this memorandum, for your reference.) Over the course of the roughly five months of its functioning, the task force held eight (1) meetings of the full body, conducted one (1) public meeting, disseminated information to the public through an advertisement, a press release, a webpage on the City's website, a call-in line and written materials provided to the steering committee of the Roanoke Neighborhood Partnership, and provided (under your signature) one (1) written update to City Council. The task force also conducted a drive-through tour of the highest ranked neighborhoods. Should you approve the recommendation made below, further public information will be issued. Because of the federal rules that apply to the use of the City's HUD funds, the NSTF first created a list of 26 neighborhood areas that were "eligible" for selection as sites of concentrated HUD-funded revitalization efforts. These eligible areas were the Census block groups in which at least 51% of the residents had Iow and moderate incomes. (The 26 neighborhoods and the Census block groups are identified on the attached criteria/ranking spreadsheet.) Thereafter, the NSTF's main task was to identify a set of reasonably objective factors that could be used to rank these neighborhood areas in terms of which were most in need of and could benefit from revitalization efforts. Through its many meetings and intense discussions, the task force assembled a preliminary list of such factors and held its public meeting on July 30th to obtain community input. Following the public meeting, the task force discussed and considered all input that had been received and revised its list of factors to be used. Six main categories of factors have been used to rank the eligible neighborhoods. Taken together, the factors express a ranking concept that blends indicators (criteria) of need and of readiness to participate: · Demographics- such as the percent of residents in poverty, racial balance and the percent of residents who own their homes; · Housing Conditions - such as the prevalence of vacant lots and deteriorated buildings; · Crime - such as the number violent and property crimes committed; · Existing Investment- such as the presence of an active neighborhood organization or neighborhood watch program, whether development or other plans exist and whether a development entity is present; · Visibility- such as the proximity to the downtown area and the area's visibility/marketability; and · Other Market Factors - such as whether the area is historic, whether other public/private investment is present, and whether the area could potentially benefit from HOPE VI funds for public housing renovation. These factors were combined into a weighted scoring method, with each of the eligible areas evaluated as objectively as possible in terms of the factors/criteria, according to the most current data available. The areas were then ranked according to their total points, where the smaller the point value, the higher the place in the ranking. Definitions and scoring values of the criteria under each factor are attached to this memorandum. As a result of the ranking process, the NSTF adopted the following recommendation. Recommendation: It is recommended that the City Manager forward to City Council for its adoption the specific, eligible block groups within the top six (6) neighborhoods indicated on the task force's final ranking spreadsheet, which, in order from first to sixth, are: Gainsboro; Hurt Park; Washington Park; Loudon-Melrose; Old Southwest; and Gilmer. As part of this recommendation, the NSTF considers it important that the City have the discretion to approach these neighborhoods in the order suggested but be able to modify the order of neighborhood project implementation, based on the time needed to plan and leverage financing or other critical circumstances that affect the ability to succeed in a given neighborhood. The action of the NSTF to recommend six rather than five neighborhoods resulted from the closeness of the scores of those ranked fourth, fifth and sixth. As shown on the spreadsheet, only 3 points separated these three places, and there is a break in the scoring between the third and fourth places, and between the sixth and seventh. Though not presented as a formal recommendation, from the task force's discussion yesterday, a sense of the body emerged in which ensuring the readiness of the neighborhoods was pivotal. There was discussion of holding off beginning the next neighborhood and staying in Southeast an additional period. During this period, planning activities for the next neighborhood could be undertaken. This would apply the learning from Southeast that a planning step is necessary and beneficial to an organized project. There was a sense that area agencies with expertise in planning activities, such as NNEO, Blue Ridge Housing and the Housing Authority, might render technical assistance in this regard. This would not preclude the commitment of a portion of the City's HUD funds to planning assistance, including the use of consultants, as in the case of Southeast and MarshWitt Associates. Such advance planning was also critical to another concern raised within the task fome; namely, that proper planning was essential to ensure the most effective use of the HUD funds or other local resources through adequate leveraging and beyond funds already in place. Actions Needed - If you approve the NSTF recommendation, please sign below and return this memorandum to Mike Etienne at your earliest opportunity. Otherwise, the task force will need to be apprised of additional efforts you would like it to undertake in order to frame a satisfactory recommendation. Should you approve of the NSTF recommendation provided here, the intended follow-up includes: · Council Report - drafting for your consideration a report to City Council on the work of the task force and the recommended neighborhoods, which is anticipated for Council's October 15th meeting, and which may include an appropriate PowerPoint presentation, if you desire; · Letter to Council - drafting for your consideration an advance summary letter to City Council prior to release of the public information referenced below; · Webpage - posting of an NSTF webpage on the City website providing information on the latest activities and the neighborhoods to be recommended to City Council at the October 15th meeting; and · Other Public Information - an e-mail to My Roanoke subscribers, a press release and a written summary for the Roanoke Neighborhood Partnership steering committee, providing information similar to the webpage content. LEB~eb Attachments: 1. NSTFMembership 2. Neighborhood Ranking Spreadsheet 3. Ranking Factors/Criteria Definitions and Scoring Values Darlene L. Burcham, City Manager Date City of Roanoke Neighborhood Selection Task Force Members and Staff Laura Benjamin, Chair of Task Force, Roanoke Valley Association of Realtors Alvin Nash, Vice-Chair of Task Force, Blue Ridge Housing Development Corporation John Baker, Executive Director, Roanoke Redevelopment and Housing Authority Carl Cooper, Chairman, Roanoke Neighborhood Partnership Steering Committee Ted Edlich, President, Total Action Against Poverty Robert Fetzer, President, Building Specialists, Inc. Rick Hendrick, President, Hollins Road North Civic League Rolanda Johnson, Assistant City Manager for Community Development Rev. William Lee, Pastor, Loudon Avenue Christian Church James Lesniak, Executive Director, NW Neighborhood Environmental Organization Karen Mason, Executive Director, Habitat for Humanity in the Roanoke Valley Karen Michalski-Karney, Executive Director, Blue Ridge Independent Living Center Paula Prince, Assistant Director, Council of Community Services Teresa Walker, Vice President / Community Development Officer, First Union National Bank V. Lee Wolfe, President, Gainsboro Neighborhood Alliance Staff: Mike Etienne, Acting Director, Dept. of Housing and Neighborhood Services Frank Baratta, Budget Team Leader, Dept. of Management and Budget Stephen Niamke, Coordinator, Roanoke Neighborhood Partnership Chris Chittum, Senior Planner, Dept. of Planning, Building and Development Donna Thompson, Exec. Sec., Dept. of Housing and Neighborhood Services MAP OF ELIGIBLE NEIGHBORHOOD AREAS, AND THOSE RECOMMENDED, WITH OVERLAY OF ROANOKE NEIGHBORHOOD PARTNERSHIP ORGANIZATION BOUNDARIES IS PROVIDED AS A SEPARATE ATTACHMENT FOR THIS CIRCULATING COUNCIL LETTER. IT WILL BE INSERTED HERE IN FINAL REPORT. SCORING SPREADSHEET OF ELIGIBLE AND RECOMMENDED NEIGHBORHOOD AREAS IS PROVIDED AS A SEPARATE ATTACHMENT FOR THIS CIRCULATING COUNCIL LETTER. IT WILL BE INSERTED HERE IN FINAL REPORT. City of Roanoke Neighborhood Selection Task Force Neighborhood Selection Criteria Basic Neighborhood Eligibility -- Because of the federal regulations associated with using HUD grants as the core resources for revitalization efforts, only those neighborhoods in which more than 51% of the residents are Iow- and moderate-income are eligible for selection. Demographic Criteria Percent (%) Below Poverty -- The percentage of neighborhood residents that are below the poverty level was identified using the 1990 U.S. Census data from the eligible block groups where the majority of the block group is in the neighborhood. This category is scored: 1 (46 - 59% below poverty); 2 (33 - 45% below poverty); 3 (20 - 32% below poverty); 4 (under 20% below poverty) Racial Balance - The degree to which the minority population in the Census block group varies from the overall City distribution of 25.4%. This is scored by: 1 (28.0 - 22.9); 2 (30.5 - 20.30); 3 (33.0 - 17.8); and 4 (greater than 33.0 or less than 17.8). Note: The numbers in parentheses are the percent ranges which are respectively up to 10%, 20%, 30% or over 30% above or below the average minority distribution of 25.4% Percent (%) Home Owners -- The percentage of neighborhood residents that are homeowners was identified using the 1990 U.S. Census data from the eligible block groups where the majority of the block group is in the neighborhood. This category is scored: 1 (20 - 35% homeownership rate); 2 (36 - 51% homeownership rate); 3 (52 - 67% homeownership rate); 4 (68 - 84% homeownership rate) Criminal Activity Criteria Number (#) of Violent Crime (for calendar year 2001) -- The number of violent crimes (aggravated assault, domestic violence, rape, robbery, and homicide) committed in the eligible neighborhoods for the 2001 calendar year. Data was obtained from the Roanoke Police Department, Crime Analysis Units using GIS Grid applications. This category is scored: 1 (>30 violent crimes); 2 (20 - 29 violent crimes); 3 (10 - 19 violent crimes); 4 (0 - 9 violent crimes) Number (#) of Property Crime (for calendar year 2001) -- The number of property crimes (arson, burglary, larceny/theft, and motor vehicle theft) committed in the eligible neighborhoods for the 2001 calendar year. Data was obtained from the Roanoke Police Department, Crime Analysis Units using GIS Grid applications. This category is scored: 1 (>70 property crimes); 2 (50 - 69 property crimes); 3 (20 - 49 property crimes); 4 (0 - 19 property crimes) Housinq Conditions Criteria Number (#) of Vacant Derelict Structures for Demolition -- The number of vacant and derelict structures in eligible neighborhoods that require demolition, based on a survey by the City of Roanoke's Code Enforcement office. This category is scored: 1 (>10 structures for demolition); 2 (7-9 structures for demolition); 3 (4-6 structures for demolition); 4 (0-3 structures for demolition) Number (#) of Vacant/Boarded Derelict Structures for Substantial Rehabilitation -- The number of vacant/boarded and derelict structures in eligible neighborhoods that require substantial rehabilitation, based on the 21st Century Challenge Survey. This category is scored: 1 (> 20 vacant/boarded structures for substantial rehabilitation); 2 (11 - 19 vacant/boarded structures for substantial rehabilitation); 3 (6 - 10 vacant/boarded structures for substantial rehabilitation); 4 (0 - 5 vacant structures for substantial rehabilitation) Number (#) of Occupied/Poor Derelict Structures for Substantial Rehabilitation -- The number of occupied/poor derelict structures in eligible neighborhoods that require substantial rehabilitation, based on the 21st Century Challenge Survey. This category is scored: 1 (> 80 occupied/poor structures for substantial rehabilitation); 2 (50 - 79 occupied/poor structures for substantial rehabilitation); 3 (20 - 49 occupied/poor structures for substantial rehabilitation); 4 (0 - 20 occupied/poor structures for substantial rehabilitation) Percent (%) of Available Vacant Lots For New Construction -- The percent of available vacant lots in eligible neighborhoods that could be used and/or combined for new construction. Data was obtained from the City's Geographic Information System (GIS). This category is scored: 1 (> 40% available lots for new construction); 2 (31 - 40% lots available for new construction); 3 (21 - 30% lots available for new construction); 4 (0 - 20% lots available for new construction). Existinq Investments Criteria Active Neighborhood Organization/Neighborhood Watch -- Presence of an active organization / neighborhood watch in eligible neighborhoods that can support revitalization efforts. This category is scored: 1 (Functioninq: neighborhood association/watch is active, meets regularly, has elected officers, interacting with the RNP office, engages the community); 2 (Forming: neighborhood group/watch is in the process of organizing / reorganizing, interacting with RNP office, engaging the community); 3 (Inactive: no ongoing activity from the neighborhood group/watch, minimal if any interaction with the RNP office, no sustained efforts to engage the community); 4 (None: no neighborhood group/watch affiliated with RNP). Existence of a Master Plan for Housing Development / Nei.qhborhood Plan -- Existence of a master plan for housing development and/or neighborhood plan that can serve as a guide for neighborhood revitalization. This category is scored: 1 (Master Plan for housing development/neighborhood revitalization plan); 2 (Neiqhborhood Plan that has been approved by City Council and is being implemented); 3 (Underway - Plan is either underway or not yet approved by City Council); 4 (No Plan - The neighborhood does not have a plan). Existence of a Conservation Area or Rehabilitation District - Conservation Areas are blighted, deteriorated or deteriorating areas of the city, identified under Virginia Code through a comprehensive planning process approved by the RRHA Board of Commissioners and City Council. Rehabilitation Districts are areas generally adjacent to Conservation Areas, identified through a locally-driven planning process not subject to the Virginia Code. Benefits include tax abatements, district-design standard overlay, and use of the Rental Inspection Program. This category is scored: 1 (Active Conservation Area being implemented by RRHA); 2 (Active Rehabilitation District being implemented); 3 (Planning stage to develop a Conservation Area or a Rehabilitation District); 4 (Not a Conservation Area or Rehabilitation District). Presence of RRHA and/or CDC Investment in the Community -- Presence of RRHA and/or CDC investment in eligible neighborhoods that can significantly impact and/or accelerate neighborhood revitalization. Information was obtained from inquiry of RRHA and CDC staff. This category is scored: 1 (Significant RRHNCDC investment -- significant site control and redevelopment activities: own more than 10 properties); 2 (Some RRHA/CDC investment -- some site control for redevelopment: own less than 10 properties); 3 (Minimal RRHA/CDC investment -- presence of public housing, scattered sites, elderly housing developments); 4 (No RRHA and/or CDC investment in the area). Market Factors Criteria Existence of Public/Private Investment -- Presence of public and/or private investment in eligible neighborhoods that can significantly impact and/or accelerate neighborhood revitalization. Information was obtained from the Geographic Information Systems (GIS) and inquiries of City departments. This category is scored: 1 (Presence of public and/or private investments, e.g. Dumas hotel, streets, sidewalks, curb, gutters, alleys, privately funded projects); 2 (Presence of schools, libraries and parks); 3 (Presence of recreation centers and other facilities); 4 (No facilities). Existence of City Overlay, State and National Historic District -- City overlay districts are referred to as H1 or H2 districts and managed by the Architectural Review Board. State and National Historic Districts are "honorary" districts designated by the Virginia Department of Historic Resources to preserve historic neighborhoods, landmarks and structures. Benefits are state historic tax credits (25%) and federal historic tax credits (20%). This category is scored: 1 (Functioning - historic districts have been approved by the City or State); 2 (Underway - plan is either underway or not yet approved by City or State); 3 (Eligible - planning stage to develop a City or national historic district); 4 (No existing plan). Potential HOPE VI -- Proximity of the eligible area to a public housing development with potential for a HOPE VI application. Lincoln Terrace, a current HOPE VI development, was considered the same as the others. This is scored: 1 (less than 4 blocks away from the eligible neighborhood); 2 (5 - 8 blocks away from the eligible neighborhood); 3 (8 - 12 blocks away from the eligible neighborhood); 4 (over 12 blocks away from the eligible neighborhood) Visibility Visibility/Marketability -- Presence of factors (retail/commercial, major traffic corridor and major projects) that demonstrate some significant visibility/market potential in the neighborhood. This category is scored: 1 (presence of all 3 factors); 2 (presence of only 2 factors); 3 (presence of only 1 factor); 4 (presence of no visibility/marketability factors) Proximity to Downtown - Proximity of the eligible area to Downtown. The Downtown area is bounded by Elm Avenue, 5t" Street, Shenandoah Avenue, and 581. This is scored: I (less than .5 miles away from Downtown); 2 (.5 - 1 mile away from Downtown; 3 (1 - 3 miles away from Downtown; 4 (over 3 miles away from Downtown) NEIGHBORHOOD SELECTION TASK FORCE RANKING OF ELIGIBLE NEIGHBORHOODS (IN RANKING ORDER) C5 C6 C7 C8 C9 C10 Cll C12 C13 C14 C15 C16 C17 C18 C19 C20 C21 C22 C23 C24 C25 C26 C27 ~hics Criminal Activity/ Housin~ Conditions (Based 21st Century Challenqe) Existin[j Investment Market Factors Visibility/ % Home Weight # Violent Cf Prop. Weight Cf Vac. Prop. Cf Vac./Board # Occ/Poor % Vac. Weight ActvNbrhd Neighb. Cons. Area/ CDC/ Weight Pub/Pdv Historic Potentiall Weight Visibility/ I Proxto Weight Owners 7.00 Crime Cdme 5.00 for Demo for Rehab for Rehab Lots 6.00 /Watch Plan Rehab Dist. RRHA 9.00 Investment Distdct HOPE VIi 10.00 Marketability1 Dwntwn 8.00 47% 2 86.00 14 3 58 2 25.00 5 3 7 3 31 3 47% 1 60.00 I 2 1 1 45.00 1 I 2 40 1 1 16.00 30% 1 42.00 23 2 71 I 15.00 2 4 16 2 59 2 40% 1 54.00 I 4 1 3 81.00 2 I I 40 2 2 32,00 25% I 42.00 45 1 t10 I 10.00 0 4 6 3 3 4 44% 1 72.00 I 1 3 1 54.00 1 4 1 60 2 2 32.00 36% 2 56.00 13 3 78 1 20.00 10 1 ' 19 2 51 2 37% 2 42.00 1 2 2 I 54.00 2 4 1 70 2 3 40.00 20% I 56.00 77 I 299 I 10.00 0 4 14 2 103 1 21% 3 60.00 I 2 1 3 63.00 2 1 4 70 2 1 24.00 43% 2 56.00 15 3 65 2 25.00 3 4 29 I 39 3 48% 1 54.00 1 I I I 36.00 1 4 4 90 I 2 24.00 39% 2 42.00 24 2 77 1 15.00 0 4 0 4 0 4 46% 1 78.00 I 4 I 4 90.00 2 1 2 50 I 1 16.00 67% 3 77.00 53 I 205 1 10.00 7 2 27 1 93 I 13% 4 48.00 I 2 2 1 54.00 2 4 2 80 2 3 40.00 54% 3 63.00 18 3 56 2 25.00 5 3 15 2 43 3 39% 2 60.00 I 3 I 1 54.00 1 4 4 90 I 2 24.00 53% 3 70.00 80 I 300 I 10,00 2 4 22 1 128 1 26% 3 54.00 I 3 I 3 72.00 4 2 4 100 2 1 24.00 52% 3 56.00 28 12 133 I 15.00 0 4 0 4 4 4 34% 2 84.00 I 3 2 3 81.00 2 4 I 70 I 3 32.00 41% 2 56.00 8 4 28 3 35.00 2 4 7 3 25 3 32% 2 72.00 2 4 1 4 99.00 3 I 2 60 2 2 32.00 68% 4 77.00 47 I 164 I 10.00 0 4 5 4 109 I 25% 3 72.00 I 4 2 3 90.00 2 4 4 100 2 2 32.00 40% 2 70.00 72 1 316 I 10.00 0 4 1 4 6 4 24% 3 90.00 I 4 3 4 108.00 2 4 2 80 I 2 24.00 55% 3 70.00 17 3 78 1 20.00 0 4 0 4 3 4 39% 2 84.00 2 4 4 3 117.00 2 4 I 70 3 3 48.00 30% 1 56.00 25 2i 53 2 20.00 0 4 I 4 2 4 54% 1 78.00 I 4 4 4 117.00 4 4 2 100 2 3 40.00 52% 3 70.00 12 3 75 1 20.00 0 4 0 4 2 4 31% 2 84.00 I 4 2 4 99.00 2 4 4 100 2 3 40.00 54% 3 70.00 21 2 45 3 25.00 I 4 1 4 6 4 43% 11 78.00 2 4 4 3 117.00 4 4 1 90 2 3 40.00 48% 3 70.00 15 3 52 2 25.00 0 4 0 4' 0 4 55% I 78.00 1 4 4 4 117.00 2 4 4 100 2 3 40.00 39% 2 63.00 6 4 38 3 35.00 0 4 4 4 3 4 17% 4 96.00 1 4 4 4 117.00 2 2 4 80 2 3 40.00 47% 2 70.00 23 2 178 I 15.00 0 4 0 4 0 4 9% 4 96.00 1 4 4 4 117.00 2 4 4 100 2 3 40.00 76% 14 77.00 9 4 43 3 35.00 1 4 7 3 0 4 12% 4 90.00 3 4 4 4 135.00 2 4 2 80 2 3 40.00 57% 3 77.00 4 4 27 3 35.00 1 4 3 4 4 4 24% 3 90.00 I 4 4 4 117.00 2 4 4 100 2 3 40.00 55% 3 77.00 6 4 65 2 30.00 0 4 0 '4 I 4 14% 4 96.00 I 4 4 4 117.00 2 4 4 100 2 3 40.00 21% 1 49.00 18 3 50 2 25.00 0 4 2 4 0 4 19% 4 96.00 1 4 4 4 117.00 4 4 4 120 3 4 56,00 30% 1 56.00 1 4 8 4 40.00 0 4 0 4 0 4 36% 2 84.00 1 4 4 4 117.00 4 4 4 120 3 4 56,00 10/3/2002 Recommended CDBG Target Areas ~ Recommended Target Areas Eligible Block Groups ~,,,,- Neighborhood Planning Area Boundaries CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk October 18, 2002 File #178-200-236-335 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36095-101502 authorizing the appropriate City of Roanoke officials to enter into an Agreement with the Blue Ridge Housing Development Corporation to conduct housing activities using Community Development Block Grant and HOME Investment Partnerships Program funds, upon certain terms and conditions The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, October 15, 2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc; Alvin L. Nash, Executive Director, Blue Ridge Housing Development Corp., 510 11th Street, N. W., Roanoke, Virginia 24017 Jesse A. Hall, Director of Finance F. Mike Etienne, Acting Director, Housing and Neighborhood Services Barry L. Key, Director, Office of Management and Budget Frank E. Baratta, Budget Team Leader HSAgenda.02\October 15, 2002 correspondence.wpd IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 2002. Ro. 36095-101502. A RESOLUTION authorizing the appropriate City officials to enter into an Agreement with the Blue Ridge Housing Development Corporation to conduct housing activities using Community Development Block Grant and HOME Investment Partnerships Program funds, upon certain terms and conditions. WHEREAS, Council approved the Blue Ridge Housing Development Corporation 2002 - 2003 Community Development Block Grant and HOME activities and funding; WHEREAS, Council accepted the 2002 - 2003 Community Development Block Grant and HOME funds, pending receipt of the grant approvals from the Department of Housing and Urban Development ("HUD"); and WHEREAS, the grant agreements with HUD have been signed. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or Assistant City Manager, and the City Clerk, are hereby authorized to execute and attest, respectively, on behalf of the City, an agreement with the Blue Ridge Housing Development Corporation, approved as to form by the City Attorney, within the limits of funds and for the purposes as are more particularly set forth in the City Manager's letter dated October 15, 2002, to this Council. ATTEST: City Clerk. H:'uRESOLUTIONS~.-BRHDC 101502.DOC CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com October 15, 2002 Honorable Honorable Honorable Honorable Honorable Honorable Honorable Ralph K. Smith, Mayor C. Nelson Harris, Vice Mayor William D. Bestpitch, Council Member William H. Carder, Council Member M. Rupert Cutler, Council Member Alfred T. Dowe, Jr., Council Member Linda F. Wyatt, Council Member Dear Mayor Smith and Members of Council: Subject: 2002-2003 Combined CDBG- and HOME-funded Agreement with the Blue Ridge Housing Development Corporation (BRHDC) Background: Since 1996, the BRHDC has successfully conducted several housing programs for the City using Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) funds. On May 13, 2002, City Council authorized the BRHDC's 2002- 2003 CDBG and HOME activities and funding by Resolution No. 35848-051302, which approved submission of the City's 2002-2003 Consolidated Plan Annual Update to the U.S. Department of Housing and Urban Development. City Council accepted the 2002-2003 CDBG and HOME funds on June 17, 2002, by Budget Ordinance No. 35914-061702 and Resolution No. 35915-061702 and by Budget Ordinance No. 35912-061702 and Resolution No. 35913-061702, respectively, pending receipt of the grant approvals from HUD. The grant agreements with HUD have since been signed. Considerations: In order for the BRHDC to conduct the housing activities approved in the Consolidated Plan, City Council's authorization to execute an agreement with the BRHDC is needed. Necessary CDBG and HOME funding is available in the accounts listed in Attachment A of the Agreement, a draft of which is included with this report. A total of $648,432 is being provided to the BRHDC. The Honorable Mayor and Members of Council October 15, 2002 Page 2 Recommended Action: Authorize the City Manager to execute the 2002-2003 CDBG/HOME Agreement with the BRHDC, similar in form and content to the draft attached to this report, and approved asto form by the City Attorney. Respectfully submitted, City Manager DLB:fb Attachments C~ Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Frank E. Baratta, Budget Team Leader CM02-00229 AGREEMENT This Agreement is made and entered into this first day of July, 2002, by and between the following parties: The Grantee City of Roanoke, Virginia 215 Church Avenue, S.W. Roanoke, Virginia 24011 The Subgrantee Blue Ridge Housing Development Corporation, Inc. 510 1 lth Street, N.W. Roanoke, Virginia 24017 WITNESSETH: WHEREAS, by Resolution No. 35915-061702 the Roanoke City Council approved the 2002/2003 Community Development Block Grant (CDBG) program and by Ordinance No. 35914-061702 appropriated funds therefor; and WHEREAS, by Resolution No. 35913-061702 the Roanoke City Council approved the 2002/2003 HOME Investment Partnerships (HOME) program and by Ordinance No. 35912-061702 appropriated funds therefor; and WHEREAS, by Resolution No. xxxxx-xxxxxx, Roanoke City Council approved the execution of a subgrant agreement between the Grantee and the Subgrantee; NOW, THEREFORE, the parties hereto mutually agree as follows: 1. SCOPE OF SERVICES: ao General -- The services to be performed by the Subgrantee under this Agreement shall have as their purpose the construction and/or rehabilitation housing to benefit eligible homebuyers or homeowners, as described below. This general scope of services shall be accomplished through a combination of CDBG and HOME funding provided by the Grantee and other funds secured by the Subgrantee. The Subgrantee shall administer the housing programs briefly described below in accordance with guidelines developed by the Subgrantee in consultation with and acceptable to the Grantee, and incorporated herein by reference. These guidelines may be modified by mutual agreement of the Grantee and the Subgrantee. General responsibilities of the Subgrantee shall include: marketing and outreach; receiving and processing applications, including packaging loan applications for supplemental funding sources; overseeing construction/rehabilitation work; holding deeds of trust, covenants and/or homeowner Page 1 of 20 grant agreements (specific to this Agreement); monitoring completed projects; and such other services as may be appropriate to comply with applicable federal regulations. The Subgrantee shall provide all personnel required to perform the services under this Agreement, within the limits of funding provided. Such personnel shall not be employees of or have any contractual relationship with the Grantee. All of the services required hereunder will be performed by the Subgrantee or under its supervision, and all personnel engaged in the work shall be fully qualified to perform such services. bo Southeast Pilot Project -- In coordination and in a manner consistent with the Master Plan prepared by MarshWitt Associates for the Southeast Pilot Project area (also known as the "Southeast... By Design" project or the "Bullitt-Jamison Pilot Project"), the Subgrantee shall conduct housing enhancement activities in this neighborhood of the City. Housing activities may include new homeownership activities such as the construction of new infill housing or the rehabilitation of existing vacant properties for resale to eligible homebuyers and homeownership education activities. Activities may also include property acquisition and the installation of infrastructure related to the housing being assisted. Other housing assistance not associated with these new homeownership activities, such as the rehabilitation of existing owner-occupied or rental housing, shall be undertaken only upon the Grantee's written authorization. The CDBG and HOME funds provided by the Grantee under this Agreement for these activities may be offered as direct financial assistance to eligible individuals in such form or forms (e.g. grants, active or deferred loans, or other allowable forms of assistance) as are mutually agreeable to the Grantee and the Subgrantee, and may be combined with financing provided by other public or private agencies or institutions. All units assisted with HOME funds shall conform to standard HOME project set-up procedures and documentation. Performance Factors: The Grantee has estimated from the average cost and leveraging data supplied by the Subgrantee that as many as 14 units could be assisted with the project funds made available under this Agreement for this activity. It shall be the goal for this activity that at least 70% of the project funds be committed by the Subgrantee within the period of this Agreement to specific properties or units through homeowner or homebuyer agreements, acquisition settlements, agreements with contractors or other such commitments. Downpayrnent and Closing Cost Assistance -- In conjunction with the funds the Subgrantee has received from the Virginia Housing Development Authority under the "Sponsoring Partnerships and Revitalizing Communities" (SPARC) program, the Subgrantee shall use funds provided by the Grantee to offer downpayment and closing cost assistance to eligible homebuyers. Funds may be used to assist those seeking homeownership under the "Southeast Pilot Project" described in section 1.b above or in the Gainsboro neighborhood of the City of Roanoke. Pursuant to the applicable regulations, CDBG funds provided by the Grantee may be used to pay for up to 50% of any required downpayment; funds may also be used to pay for reasonable closing costs. Performance Factors: The Grantee has estimated from the anticipated price of homes to be sold that as many as 17 homebuyers could be assisted with the project funds made available under this Agreement for this activity. It shall be the goal for this activity that at least 60% of the project funds be committed by the Subgrantee within the period of this Agreement to specific properties or Page 2 of 20 units through homebuyer agreements. Of this 60% commitment goal, not less than one-third shall be committed for properties in Gainsboro. do Contractor Procurement -- In the event that the Subgrantee procures outside contractors for needed rehabilitation or new construction services, it shall do so in a manner that promotes free and open competition and ensures that all such contractors comply with applicable HUD regulations, including those relating to lead-based paint. eo Eligible Homebuyer/Homeowner -- Except as otherwise provided, for the purposes of this Agreement," eligible homebuyer/homeowner" shall mean a family whose income, adjusted for family size, does not exceed 80% of the area median income established by HUD and in effect at the time the family applies for assistance. In the case of homeownership assistance, the eligible family must be purchasing the home for use as its principal residence. The Subgrantee shall prepare, and retain with records of the project, documentation of its determination of each eligible family's size and income. Such documentation shall include the name, age, and the sources and estimated amount of income anticipated for the succeeding twelve months for each individual related by birth, marriage or adoption living in the same household at the time of the determination. (Note: In the event that any rental rehabilitation activities are approved, all tenants shall be eligible families and rents shall be controlled through covenants or other deed restrictions conforming to the HOME regulations.) Allowable Expenditures -- CDBG funds provided by the Grantee under this Agreement shall be used by the Subgrantee solely for the costs associated with rehabilitation of existing housing; HOME funds may be used for new construction and/or rehabilitation in accordance with HOME affordability requirements. Subject to these general limitations, funds under this Agreement may be expended for any necessary, reasonable and allowable CDBG or HOME costs, including, but not necessarily limited to, property acquisition, construction labor and materials, including the costs of related infrastructure, title and recording, counsel's fees, property appraisal, surveying, taxes, or extermination and inspection. The Subgrantee shall not acquire any real or non- expendable personal property, including equipment, without the Grantee's prior approval. The price paid to acquire any real property shall not exceed the value determined through appraisal, city assessment or other appropriate method, without the prior written approval of the Grantee's Department of Management and Budget. Funds shall not be expended to acquire any property that is occupied or that had been occupied at any time during the prior 12 months, nor shall funds be expended for liens, fines or penalties associated with any property acquired or to be acquired. The maximum amount of HOME funds which may be expended to assist a unit shall comply with the limits specified in section 11.a. below. g. Period of this Agreement -- This Agreement shall be effective as of July 1, 2002, and, unless amended, shall end June 30, 2003. ho Budget -- CDBG and HOME funds provided by the Grantee under this Agreement shall be as detailed in Attachment A. The Subgrantee shall not, without prior written approval from the Grantee, exceed the total funding allocated to an account nor the amount allocated to a category (i.e. "project"; "support"; "administration") within an account. Further, any amounts designated to support HOME activities shall be expended solely for this purpose. At the sole discretion of the Page 3 of 20 Grantee, any funds remaining unexpended as of the end date of this Agreement may be deobligated from the Agreement and made available for other CDBG or HOME projects, as appropriate. The commitment of funds by the Grantee to this Agreement shall not be construed as a commitment by the Grantee to provide further funding to this project. HOME Match -- HOME funds must be matched in accordance with the requirements of 24 CFR 92.218 through 92.222. The Grantee shall be responsible for identifying and ensuring crediting of matching funds required pursuant to this Agreement. To assist the Grantee in meeting the requirement, the Subgrantee shall report regularly to the Grantee all activities which may be credited as HOME match. 2. REQUESTS FOR DISBURSEMENTS OF FUNDS: a. Disbursements under this Agreement shall not be requested until the funds are needed for payment of eligible costs. The amount of each disbursement request must be limited to the amount needed. bo Requests for disbursement of funds shall be submitted to the Grantee's Project Manager, if any, or Department of Management and Budget and shall include copies of invoices or other appropriate documentation from contractors or other entities for work performed or costs incurred. In the case of property acquisitions, requests shall include settlement statements and property appraisal or assessment documentation. The use of standard American Institute of Architects (AIA) forms is preferred for requesting disbursement of funds for construction costs. Upon approval of the request by the Project Manager and/or Department of Management and Budget, the Grantee shall disburse the funds to the Subgrantee. Approval of disbursement requests will be subject to timely receipt of monthly Subgrantee reports (see section 8 below). Co All requests for disbursements with respect to costs incurred during the period of this Agreement, as set forth in section 1.g., must be received by the Grantee within 30 calendar days of the ending date of this Agreement. The Grantee shall not be bound to honor requests for disbursements received after this 30-day period has elapsed. 3. PROGRAM INCOME AND REPAYMENTS: a. Payment of Proceeds from Sale: (1) Upon the sale of a property assisted with CDBG and/or HOME funds under this Agreement, gross proceeds shall be distributed as follows: first, outstanding loans from private lending institutions shall be repaid; second, the Subgrantee shall recover its funds invested in the project. Thereafter, the Grantee will share in any proceeds remaining. The Grantee's share will be equal to the percentage of the total cost to develop, construct and sell the property which has been paid for by the CDBG and/or HOME funds provided under this Agreement. Should the gross proceeds be insufficient to allow the Subgrantee to recover its invested funds, the Grantee shall not be liable for the insufficiency. (2) In the event a property is assisted by both CDBG and HOME funds provided under this Agreement, the Grantee's share referenced in subsection (1) above shall be distributed to Page 4 of 20 CDBG program income or HOME program income according to the percentage each source is of the total CDBG and HOME funds contributed to the property. bo All program income, repayments, interest, and Grantee shares of proceeds or other returns on the investment of CDBG and/or HOME funds shall be submitted to the Grantee by the Subgrantee on or before the fifteenth of the month following collection. 4. AFFORDABILITY: a° The Subgrantee shall ensure that properties assisted with HOME funds under this Agreement comply with the affordability requirements at 24 CFR 92.254, including, but not limited to, the following: (1) Buyers of the properties shall be eligible families, as described in section 1.e. above; (2) Neither the value nor the sale price of housing newly constructed or rehabilitated for sale to eligible homebuyers shall exceed the currently-applicable HOME maximum of $132,000; and (3) For up to 15 years, depending on the amount and form of HOME and/or HOME/CHDO assistance provided, either resale restrictions or repayment (recapture) requirements will be imposed on the buyer. These provisions will be enforced pursuant to section 5.c. below. bo The Subgrantee shall monitor all HOME-assisted properties to ensure maintenance of their affordability for the minimum period. This Subgrantee responsibility shall continue so long as this Agreement or any other CDBG- or HOME-funded Agreement with the Grantee remains in effect. 5. ENFORCEMENT OF THE AGREEMENT: ao In the event the Subgrantee materially fails to comply with any term of the agreement, the Grantee may suspend or terminate, in whole or in part, this Agreement or take other remedial action in accordance with 24 CFR 85.43. The Agreement may be terminated for convenience in accordance with 24 CFR 85.44. bo In the event the Subgrantee, without prior written approval from the Grantee's Department of Management and Budget, terminates the project prior to completing all units for which HOME funds have been disbursed, the Subgrantee shall be liable for repayment of all HOME project, administrative or operating funds disbursements, whether or not expended. C° The affordability provisions referenced in section 4 of this Agreement shall be enforced by a written covenants declared by the Subgrantee and recorded with the property deed. The covenant shall provide that the Grantee be notified of any pending resale of the property for the applicable period of affordability. Such covenant shall be approved as to form by the Grantee. If affordability provisions are not met upon resale of the property, up to the full HOME investment, as applicable, shall be repaid to the Grantee in accordance with section 3 of this Agreement. Page 5 of 20 6. REVERSION OF ASSETS: ao Upon expiration or termination of this Agreement, including any amendments thereto, the Subgrantee shall transfer to the Grantee any CDBG or HOME funds or CDBG or HOME Program Income on hand at the time of expiration or termination and any accounts receivable attributable to the use of CDBG or HOME funds. b. Any real property under the Subgrantee's control that was acquired or improved, in whole or in part, with CDBG funds in excess of $25,000: Shall continue for a period of not less than five years following expiration of this Agreement, including any amendments thereto, to be used to meet one of the CDBG national objectives cited in 24 CFR 570.208; or (2) If the property is not used in accordance with paragraph (1) above, the Subgrantee shall pay the Grantee an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. The payment shall be considered Program Income to the Grantee. 7. RECORDS REQUIREMENTS: ao Records to be maintained -- At a minimum, the Subgrantee shall maintain financial and project documents and records which comply with the requirements of 24 CFR 92.508, 570.506, and 570.507, as applicable. bo Period of record retention -- In compliance with the requirements of 24 CFR 92.508(c) and 570.502(b), the Subgrantee shall retain financial and project documents and records pertaining to this Agreement for a period of four (4) or five (5) years, as applicable, or the conclusion of any legal or administrative process requiring their use, whichever is later. Co Access to records -- The Grantee and other entities shall have access to financial and project documents and records pertaining to this Agreement in compliance with the applicable requirements of 24 CFR 84.53 and 92.508(d). 8. REPORTING REQUIREMENTS: ao By the 7th working day following the end of each month, the Subgrantee shall report the progress of activities covered by this Agreement, in a format acceptable to the Grantee's Department of Management and Budget. Such monthly reports shall include, but not be limited to, the following: (1) A narrative section summarizing progress to-date on each program included under the Scope of Services and describing, with supporting documents, as appropriate, any matching funds identified, including any to be contributed by the Subgrantee; (2) A list of monthly gross program income receipts from all sources; Page 6 of 20 o (3) A list of any real or non-expendable personal property, including equipment, purchased with CDBG and/or HOME funds; and (4) A table for each program providing data on each housing unit and eligible family assisted (see Attachment B for minimum data elements to be reported). b. The Subgrantee agrees to submit any other reports or documentation as requested by the Grantee concerning activities covered under this agreement. MONITORING: The Subgrantee shall monitor the progress of the project(s) covered by this Agreement, and shall submit appropriate reports to the Grantee's Department of Management and Budget. In addition, it is the Grantee's intention to monitor the Subgrantee's performance and financial and programmatic compliance, which may include on-site reviews, at least once during the period of this Agreement. 10. ANNUAL AUDIT: As an entity receiving more than $300,000 in federal funding from the Grantee, the Subgrantee shall provide for an annual independent audit of the CDBG/HOME expenditures under this Agreement which complies with OMB Circular A-133. Within 30 days following its completion, two (2) copies of the audit will be provided to the Grantee's Department of Management and Budget. 11. OTHER PROGRAM/PROJECT REQUIREMENTS: In addition to other requirements set forth herein, the Subgrantee shall likewise comply with the applicable provisions of Subparts F and H of 24 CFR part 92 and Subpart K of 24 CFR 570, in accordance with the type of project assisted. Such other requirements include, but are not necessarily limited to, the following. ao Maximum per-unit subsidy amount and subsidy layering -- The total amount of HOME funds invested shall not exceed $64,520 for a one-bedroom unit, $78,456 for a two-bedroom unit, $101,496 for a three-bedroom unit, and $111,411 for a unit with four or more bedrooms. Further, in accordance with 24 CFR 92.250, HOME funds invested in combination with other governmental assistance shall not exceed the amount necessary to provide affordable housing. bo Property standards and lead-based paint -- All housing assisted with HOME funds under this agreement must, upon project completion, meet the property standards of 24 CFR 92.251. Those assisted with HOME and/or CDBG funds shall meet the Statewide Building Code. All properties assisted with HOME and/or CDBG funds shall meet the lead-based paint requirements in 24 CFR 92.355 and/or 570.608, respectively. In accordance with regulations, the Subgrantee shall adhere to lead-based paint abatement practices, as applicable, and in no case shall use lead-based paint in the construction or rehabilitation of the properties assisted under this Agreement. Co Affirmative Marketing and Affirmatively Furthering Fair Housing -- In accordance with 24 CFR 92.351 and 570.601 and the Grantee's Affirmative Marketing Procedures, the Subgrantee shall provide information and otherwise attract eligible persons in the housing market area to the Page 7 of 20 available housing without regard to race, color, naiional origin, sex, familial status or disability. Section 109 -- In accordance with Section 109 of the Housing and Community Development Act of 1974 (42 U.S.C. 3535(d)), no person in the United States shall on grounds of race, color, religion, sex or national origin be excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity funded in whole or in part with funds available under this Agreement. (See also Attachment C.) Conditions for religious organizations -- The Subgrantee shall not grant or loan any HOME or CDBG funds to primarily religious organizations for any activity including secular activities. In addition, funds may not be used to rehabilitate or construct housing owned by primarily religious organizations or to assist primarily religious organizations in acquiring housing. In particular, there shall be no religious or membership criteria for tenants or buyers of any HOME- or CDBG- assisted properties. Labor standards -- As presently structured, the programs included under this Agreement are not considered subject to federal Labor Standards, including prevailing (Davis-Bacon) wage rates for non-volunteer labor. Such standards will become applicable in the event CDBG or HOME funds are used for infrastructure improvements. Such standards will also become applicable for any single project in which more than 7 housing units are assisted with CDBG funds or more than 12 units are assisted with HOME funds or more than 7 units are assisted with a combination of CDBG and HOME funds. Environmental standards -- In accordance with 24 CFR 92.352 and 570.604, the activities under this Agreement are subject to environmental review requirements. Such requirements may include, but are not necessarily limited to, historic significance, floodplain, and hazardous sites. No CDBG or HOME funds may be expended prior to the Grantee's completion of the environmental review and the Subgrantee's completion of any required remedial actions. All specifications for proposed housing rehabilitation under this Agreement will be submitted to the Grantee's Department of Management and Budget for review as to compliance with Section 106 of the National Historic Preservation Act. Displacement and relocation -- In accordance with 24 CFR 92.353 and 570.606, the Subgrantee shall take all reasonable steps to minimize displacement as a result of the activities described in section 1. Furthermore, section 1 of this Agreement prohibits acquisition of any property which is occupied or has been occupied at any time during the prior 12 months. Notwithstanding this prohibition, any persons displaced as a result of the activities under this Agreement shall be provided relocation assistance to the extent permitted and required under applicable regulations. Employment and contracting opportunities -- In accordance with 24 CFR 570.607, the activities under this Agreement are subject to the requirements of Executive Order 11246, as amended, and Section 3 of the Housing and Urban Development Act of 1968. The former prohibits discrimination on federally-assisted construction contracts and requires contractors to take affirmative action regarding employment actions. The latter provides that, to the greatest extent feasible and consistent with federal, state and local laws, employment and other economic opportunities arising housing rehabilitation, housing construction and public construction projects shall be given to low- and very-low-income persons. (See also Attachment C.) Page 8 of 20 Debarment and suspension -- In accordance with 24 CFR 24, the Subgrantee shall not employ or otherwise engage any debarred, suspended, or ineligible contractors or subcontractors to conduct any of the activities under this Agreement. The Subgrantee will submit to the Grantee's Department of Management and Budget the names of all contractors and subcontractors selected under this Agreement to determine if such contractors or subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in federal transactions. Uniform administrative requirements -- The Subgrantee shall comply with the requirements and standards set forth in 24 CFR 92.505 and 570.502, and all applicable CDBG, HOME and other federal regulations pertaining to the activities performed under this Agreement. Conflict of interest -- In accordance with 24 CFR 92.356 and 570.611, no covered individual who exercises any functions or responsibilities with respect to the program during his tenure, or for one (1) year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this Agreement. The Subgrantee shall incorporate, or cause to be incorporated, in any contracts or subcontracts pursuant to this Agreement a provision prohibiting such interest pursuant to the purposes of this section. 12. EQUAL EMPLOYMENT OPPORTUNITY: Non-Discrimination: During the performance of this Agreement, the Subgrantee agrees as follows: ao The Subgrantee will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Subgrantee. The Subgrantee agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. b. The Subgrantee, in all solicitations or advertisements for employees placed by or on behalf of the Subgrantee, will state that such Subgrantee is an equal opportunity employer. c. Notices, advertisement 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. do The Subgrantee will include the provisions of the foregoing subsections (a), (b) and (c) in every contract or purchase order of over ten thousand dollars and no cents ($10,000.00) so that the provisions will be binding upon each contractor or vendor. 13. DRUG-FREE WORKPLACE: The Subgrantee will: (i) provide a drug-free workplace for the Subgrantee's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a Page 9 of 20 controlled substance or marijuana is prohibited in the Subgrantee's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the Subgrantee that the Subgrantee maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over ten thousand dollars and no cents ($10,000.00), so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this subsection, "drug-free workplace" means a site for the performance of work done in connection with this contract. 14. FAITH-BASED ORGANIZATIONS: Pursuant to {}2.2-4343.1 of the Code of Virginia (1950), as amended, the City of Roanoke does not discriminate against faith-based organizations. 15. THIRD-PARTY CONTRACTS: The Grantee shall not be obligated or liable hereunder to any party other than the Subgrantee. 16. INDEMNITY: The Subgrantee agrees and binds itself and its successors and assigns to indemnify, keep and hold the Grantee and its officers, employees, agents, volunteers and representatives free and harmless from any liability on account of any injury or damage of any type to any person or property growing out of or directly or indirectly resulting from any act or omission of the Subgrantee including: (a) the Subgrantee's use of the streets or sidewalks of the Grantee or other public property; (b) the performance under this Agreement; (c) the exercise of any right or privilege granted by or under this Agreement; or (d) the failure, refusal or neglect of the Subgrantee to perform any duty imposed upon or assumed by Subgrantee by or under this Agreement. In the event that any suit or proceeding shall be brought against the Grantee or any of its officers, employees, agents, volunteers or representatives at law or in equity, either independently or jointly with the Subgrantee on account thereof, the Subgrantee, upon notice given to it by the Grantee or any of its officers, employees, agents, volunteers or representatives, will pay all costs of defending the Grantee or any of its officers, employees, agents, volunteers or representatives in any such action or other proceeding. In the event of any settlement or any final judgement being awarded against the Grantee or any of its officers, employees, agents, volunteers or representatives, either independently or jointly with the Subgrantee, then the Subgrantee will pay such settlement or judgement in full or will comply with such decree, pay all costs and expenses of whatsoever nature and hold the Grantee or any of its officers, employees, agents, volunteers or representatives harmless therefrom. 17. INDEPENDENT CONTRACTOR: Services performed under this agreement shall be performed on an independent contractor basis and under no circumstances shall this Agreement be construed as establishing an employee/employer relationship. The Subgrantee shall be completely responsible for its activities in performing services hereunder. Page 10 of 20 18. SUCCESSORS: This Agreement shall be binding upon each of the parties, and their assigns, purchasers, trustees, and successors. 19. ENTIRE AGREEMENT This Agreement, including all of its Attachments, represents the entire agreement between the parties and shall not be modified, amended, altered or changed, except by written agreement executed by the parties. 20. AMENDMENTS: The Grantee may, from time to time, require changes in the obligations of the Subgrantee hereunder, or its City Council may appropriate further funds for the implementation of this HOME rehabilitation project. In such event or events, such changes which are mutually agreed upon by and between the Grantee and the Subgrantee shall be incorporated by written amendment to this Agreement. 21. GOVERNING LAW: This Agreement shall be governed by laws of the Commonwealth of Virginia. 22. AVAILABILITY OF FUNDS: CDBG and HOME funding to be made available by the Grantee under this Agreement is contingent upon necessary appropriations by the U.S. Congress. In the event that sufficient funds are not appropriated, at the sole discretion of the Grantee, this Agreement may be terminated in whole or in part. 23. ANTI-LOBBYING: To the best of the Subgrantee's knowledge and belief, no federal appropriated funds have been paid or will be paid, by or on behalf of it, to any persons for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, the Subgrantee will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Page 11 of 20 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year hereinabove written: ATTEST: FOR THE GRANTEE: By By Mary F. Parker, City Clerk Darlene L. Burcham, City Manager ATTEST: FOR THE SUBGRANTEE: By By Cyndi Stultz, Secretary Alvin Nash, Executive Director APPROVED AS TO CDBG/HOME ELIGIBILITY APPROVED AS TO FORM Department of Management and Budget Assistant City Attorney APPROVED AS TO EXECUTION APPROPRIATION AND FUNDS REQUIRED FOR THIS CONTRACT CERTIFIED Assistant City Attorney Director of Finance Date Account# (See Attachment A) Page 12 of 20 Attachments Attachment A -- Financial Accounts Attachment B -- Housing/Beneficiary Reporting Elements Attachment C -- Special Federal Terms and Conditions Page 13 of 20 Attachment A 2002/2003 BRHDC CDBG and HOME Agreement Financial Accounts Account # Description Project Support Admin Total CDBG Funds: 035-__ __ __ SPARC DownpaymenffClosing Costs $ 50,000 $ 0 $ 0 $ 50,000 035- __ Southeast Pilot Project $ 0 $ 0 $ 3,625 $ 3,625 035- Southeast Pilot Project $ 0 $ 3,625 $ 0 $ 3,625 035- Southeast Pilot Project $ 28,996 $ 0 $ 0 $ 28,996 Subtotal $ 28,996 $ 3,625 $ 3,625 $ 36,246 Total CDBG Funds $ 78,996 $ 3,625 $ 3,625 $ 86,246 HOME Funds.'. 035-090-__ __ Southeast Pilot Project $ 0 NA $48,827 $ 48,827 035-090-__ __ Southeast Pilot Project $439,444 NA $ 0 $439,444 Subtotal $439,444 NA $48,827 $488,271 HOME/CHDO Funds: 035-090-__ __ Southeast Pilot Project $ 0 NA $11,265 $ 11,265 035-090- Southeast Pilot Project $112,650 NA $ 0 $112,650 Subtotal $112,650 NA $11,265 $123,915 Total HOME Funds $552,094 $ 0 $60,092 $612,186 TOTAL CDBG AND ItOME $631,090 $ 3,625 $ 63,717 $698,432 Page 14 of 20 Attachment B Housing/Beneficiary Reporting Elements On a monthly basis, the Subgrantee shall provide a narrative report to the Grantee summarizing progress on the project to-date. Accompanying the narrative, the Subgrantee shall submit data in a table or spreadsheet format that is needed in order that the Grantee may complete its required reports to the U.S. Department of Housing and Urban Development. The data provided by the Subgrantee shall include: -- Property address -- Number of bedrooms -- Status (pending, under construction, completed or sold) -- Name of Homeowner or Homebuyer -- Total Family Income (projected for 12 months following determination) -- Number in family -- Ethnic Group: White, Black (non-Hispanic), Hispanic, Asian/Pacific Islander, American Indian/Alaskan Native, or Other -- Whether family is headed by a single female -- Whether head of household is disabled -- Estimated total hard (incl. acquisition costs, if any) and soft costs to produce the unit -- CDBG funds committed to property -- HOME funds committed to property -- HOME/CHDO funds committed to property -- Prime Contractor Name -- Federal I.D. Number (or Owner Social Security Number) -- Whether Minority-Owned, Women-Owned or Both -- CDBG funds committed to Prime -- HOME funds committed to Prime -- HOME/CHDO committed to Prime -- Subcontractor Name (Provide separate data for each subcontractor) -- Federal I.D. Number (or Owner Social Security Number) -- Whether Minority-Owned, Women-Owned or Both -- CDBG funds committed to Subcontractor -- HOME funds committed to Subcontractor -- HOME/CHDO committed to Subcontractor -- Unit Sale Data (if property is for homeownership) -- Sales Price of Unit (excluding settlement charges) -- Closing Date -- After-Rehab Value (if owner-occupied rehab activity) Page 15 of 20 Attachment C U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SPECIAL TERMS AND CONDITIONS (Agreements $10,000 or Over) "Section 3" Compliance -- Provision of Training~ Employment and Business Opportunities: The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. Bo The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. Co The Subgrantee will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. Do The Subgrantee will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the contractor is in violation of regulations issued by the Secretary of Housing and Urban Development 24 CFR Part 135. The Subgrantee will not subcontract with any contractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR part 135 and will not let any subcontract unless the contractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. Eo Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, Page 16 of 20 binding upon the applicant or recipient for such assistance, its successor and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its Subgrantees and contractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. Equal Employment Opportunity: Contracts subject to Executive Order 11246, as amended: Such contracts shall be subject to HUD Equal Employment Opportunity regulations at 24 CFR Part 130 applicable to HUD-assisted construction contracts. The Subgrantee shall cause or require to be inserted in full in any non-exempt contract and subcontract for construction work, or modification thereof as defined in said regulations, which is paid for in whole or in part with assistance provided under this Agreement, the following equal opportunity clause: "During the performance of this contract, the Subgrantee agrees as follows: mo The Subgrantee will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Subgrantee will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Subgrantee agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. Bo The Subgrantee will, in all solicitations or advertisements for employees placed by or on behalf of the Subgrantee, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. Co The Subgrantee will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers'representatives of the Subgrantee's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. Do The Subgrantee will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. The Subgrantee will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. F. In the event of the Subgrantee's noncompliance with the nondiscrimination clauses of this Page 17 of 20 contract or with any of such rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in pan, and the Subgrantee may be declared ineligible for further Government contracts or Federally-assisted construction contract procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. Go The Subgrantee will include the portion of the sentence immediately preceding paragraph (A) and the provisions of paragraphs (A) through (G) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each contractor or vendor. The Subgrantee will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a Subgrantee becomes involved in or is threatened with litigation with a contractor or vendor as a result of such direction by the Department, the Subgrantee may request the United States to enter into such litigation to protect the interest of the United States." The Subgrantee further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in Federally-assisted construction work; provided, that if the Subgrantee so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not panicipate in work on or under the contract. The Subgrantee agrees that it will assist and cooperate actively with the Department and the Secretary of Labor in obtaining the compliance of Subgrantees and contractors with the equal opportunity clause and the rules, regulations and relevant orders of the Secretary of Labor; that it will furnish the Department and the Secretary of Labor such compliance; and that it will otherwise assist the Department in the discharge of its primary responsibility for securing compliance. The Subgrantee further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a Subgrantee debarred from, or who has not demonstrated eligibility for Government contracts and Federally-assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon Subgrantees and contractors by the Department or the Secretary of Labor pursuant to Part 11, Subpan D, of the Executive Order. In addition, the Subgrantee agrees that if it fails or refuses to comply with these undertakings, the Department may take any or all of the following actions: cancel, terminate or suspend in whole or in part the grant or loan guarantee; refrain from extending any further assistance to the Subgrantee under the Program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such Subgrantee; and refer the cause to the Department of Justice for appropriate legal proceedings. o Nondiscrimination Under Title VI of the Civil Rights Act of 1964: This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and HUD regulations with respect thereto, including the regulations under 24 CFR Part 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Subgrantee shall cause or require a covenant running with the land to be inserted in the deed or lease for such Page 18 of 20 o o o transfer, prohibiting discrimination upon the basis or race, color, religion, sex or national origin, in the sale, lease or rental, or in the use of occupancy of such land or any improvements erected or to be erected thereon, and providing that the Subgrantee and the United States are beneficiaries of and entitled to enforce such covenant. The Subgrantee, in undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. Section 504 and Americans with Disabilities Act: The Subgrantee agrees to comply with any federal regulation issued pursuant to compliance with the Section 504 of the Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act, which prohibit discrimination against the disabled in any federal assisted program. Obligations of Subgrantee with Respect to Certain Third-party Relationships: The Subgrantee shall remain fully obligated under the provisions of the Agreement, notwithstanding its designation of any third party or parties for the undertaking of all or any part of the program with respect to which assistance is being provided under this Agreement to the Subgrantee. Any Subgrantee which is not the Applicant shall comply with all lawful requirements of the Applicant necessary to insure that the program, with respect to which assistance is being provided under this Agreement to the Subgrantee is carried out in accordance with the Applicant's Assurances and certifications, including those with respect to the assumption of environmental responsibilities of the Applicant under Section 104(h) of the Housing and Community Development Act of 1974. Interest of Certain Federal Officials: No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or pan of this Agreement or to any benefit to arise from the same. Prohibition Against Payments of Bonus or Commission: The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining HUD approval of the application for such assistance, or HUD approval or applications for additional assistance, or any other approval or concurrence of HUD required under this Agreement, Title I of the Housing and Community Development Act of 1974, or HUD regulations with respect thereto; provided, however, that reasonable fees or bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs. "Section 109": This Agreement is subject to the requirements of Section 109 of the Housing and Community Development Act of 1974, 42 U.S.C. 3535(d). No person in the United States shall on the ground of race, color, religion, sex or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds available under this title. Access to Records and Site of Employment: This agreement is subject to the requirements of Executive Order 11246, Executive Order 1375, Civil Rights Act of 1964, as amended. Access shall be permitted during normal business hours to the premises for the purpose of conducting on-site compliance reviews and inspecting and copying such books, records, accounts, and other material as Page 19 of 20 may be relevant tot he matter under investigation and pertinent to compliance with the Order, and the rules and regulations promulgated pursuant thereto by the Subgrantee. Information obtained in this manner shall be used only in connection with the administration of the Order, the administration of the Civil Rights At of 1964 (as amended) and in furtherance of the purpose of the Order and that Act. 10. Legal Remedies for Contract Violation: If the Subgrantee materially fails to comply with any term of this Agreement, whether stated in a Federal statute or regulation, an assurance, in a State plan or application, a notice of award, or elsewhere, the City may take one or more of the following action, as appropriate in the circumstances: 1) 2) 3) 4) Temporarily withhold cash payments pending correction of the deficiency by the Subgrantee, Disallow all or part of the cost of the activity or action not in compliance, Wholly or partly suspend or terminate the current Agreement, or Take other remedies that may be legally available. Page 20 of 20 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk October 18, 2002 File #178-200-236 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36096-101502 authorizing the appropriate City of Roanoke officials to enter into an Agreement with the Roanoke Redevelopment and Housing Authority to conduct housing activities using Community Development Block Grant and HOME Investment Partnerships Program funds, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, October 15, 2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: John P. Baker, Executive Director, City of Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Jesse A. Hall, Director of Finance F. Mike Etienne, Acting Director, Housing and Neighborhood Services Barry L. Key, Director, Office of Management and Budget Frank E. Baratta, Budget Team Leader H:~Agenda.02\October 15, 2002 correspondence.wpd IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 2002. No. 36096-101502. A RESOLUTION authorizing the appropriate City officials to enter into an Agreement with the Roanoke Redevelopment and Housing Authority to conduct housing activities using Community Development Block Grant and HOME Investment Partnerships Program funds, upon certain terms and conditions. WHEREAS, Council approved the Roanoke Redevelopment and Housing Authority 2002 - 2003 Community Development Block Grant and HOME activities and funding; WHEREAS, Council accepted the 2002 - 2003 Community Development Block Grant and HOME funds, pending receipt of the grant approvals fi.om the Department of Housing and Urban Development ("HUD"); and WHEREAS, the grant agreements with HUD have been signed. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or Assistant City Manager, and the City Clerk, are hereby authorized to execute and attest, respectively, on behalf of the City, an agreement with the Roanoke Redevelopment and Housing Authority, approved as to.form by the City Attorney, within the limits of funds and for the purposes as are more particularly set forth in the City Manager's letter dated October 15, 2002, to this Council. ATTEST: City Clerk. H:~aSOLUTIONS'~R~RRHA 101 $02.DOC CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.corn October 15, 2002 Honorable Honorable Honorable Honorable Honorable Honorable Honorable Ralph K. Smith, Mayor C. Nelson Harris, Vice Mayor William D. Bestpitch, Council Member William H. Carder, Council Member M. Rupert Cutler, Council Member Alfred T. Dowe, Jr., Council Member Linda F. Wyatt, Council Member Dear Mayor Smith and Members of Council: Subject: 2002-2003 Combined CDBG- and HOME-funded Agreement with the Roanoke Redevelopment and Housing Authority (RRHA) Background: Historically, the RRHA has administered a variety of housing programs for the City using Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) funds. On May 13, 2002, City Council authorized the RRH^'s 2002-2003 CDBG and HOME activities and funding by Resolution No. 35848-051302, which approved submission of the City's 2002-2003 Consolidated Plan Annual Update to the U.S. Department of Housing and Urban Development (HUD). City Council accepted the 2002- 2003 CDBG and HOME funds on June 17, 2002, by Budget Ordinance No. 35914-061702 and Resolution No. 35915-061702 and by Budget Ordinance No. 35912-061702 and Resolution No. 35913-061702, respectively, pending receipt of the grant approvals from HUD. The grant agreements with HUD have since been signed. Considerations: In order for the RRHA to conduct the housing activities approved in the Consolidated Plan, City Council's authorization to execute an agreement with the RRHA is needed. Necessary CDBG and HOME funding is available in the accounts listed in Attachment A of the Agreement, a draft of which is included with this report. A total of $1,051,162 is being provided to the RRHA. The Agreement contains a mutual indemnification clause in which both parties agree to indemnify the other for damages and expenses incurred as a result of The Honorable Mayor and Members of Council October 15, 2002 Page 2 the other party's conduct. The effect of the clause is that, in certain circumstances, the City would be waiving its defense of sovereign immunity. Recommended Action: Authorize the City Manager to execute the 2002-2003 CDBG/HOME Agreement with the RRHA, similar in form and content to the draft attached to this report, and approved as to form by the City Attorney. Respectfully submitted, Darlene L. Burcham City Manager DLB:fb Attachments C~ Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Frank E. Baratta, Budget Team Leader CM02-00231 AGREEMENT This Agreement is made and entered into this first day of July, 2002, by and between the following parties: The Grantee City of Roanoke, Virginia 215 Church Avenue, S.W. Roanoke, Virginia 24011 The Subgrantee City of Roanoke Redevelopment and Housing Authority 2624 Salem Turnpike, N.W. Roanoke, Virginia 24017 WITNESSETH: WHEREAS, by Resolution No. 35915-061702 the Roanoke City Council approved the 2002/2003 Community Development Block Grant (CDBG) program and by Ordinance No. 35914-061702 appropriated funds therefor; and WHEREAS, by Resolution No. 35913-061702 the Roanoke City Council approved the 2002/2003 HOME Investment Partnerships (HOME) program and by Ordinance No. 35912-061702 appropriated funds therefor; and WHEREAS, by Resolution No. xxxxx-xxxxxx, Roanoke City Council approved the execution of a subgrant agreement between the Grantee and the Subgrantee; NOW, THEREFORE, the parties hereto mutually agree as follows: 1. SCOPE OF SERVICES: ao General -- The services to be performed by the Subgrantee under this Agreement shall have as their purpose the construction and/or rehabilitation housing to benefit eligible homebuyers and homeowners, as described below. This general scope of services shall be accomplished through a combination of CDBG and HOME funding provided by the Grantee and other funds secured by the Subgrantee. The Subgrantee shall administer the housing programs briefly described below in accordance with guidelines developed by the Subgrantee in consultation with and acceptable to the Grantee, and incorporated herein by reference. These guidelines may be modified by mutual agreement of the Grantee and the Subgrantee. General responsibilities of the Subgrantee shall include: marketing and outreach; receiving and processing applications, including packaging loan applications for supplemental funding sources; overseeing construction/rehabilitation work; holding deeds of trust, covenants and/or homeowner Page 1 of 21 grant agreements (specific to this Agreement); monitoring completed projects; and such other services as may be appropriate to comply with applicable federal regulations. The Subgrantee shall provide all personnel required to perform the services under this Agreement, within the limits of funding provided. Such personnel shall not be employees of or have any contractual relationship with the Grantee. All of the services required hereunder will be performed by the Subgrantee or under its supervision, and all personnel engaged in the work shall be fully qualified to perform such services. bo Critical Assistance Repair for the Elderly (CARE) and Quick Response to Emergencies (Quick Response) Programs -- The Subgrantee shall conduct the CARE and Quick Response programs in the Southeast quadrant of the City, with priority to eligible homeowners residing in the area bordered by Bullitt and Jamison Avenues between 6th and 13th Streets. Both programs shall use the funds provided by the Grantee to offer grants for non-cosmetic, emergency home repairs. CARE shall be specifically targeted to very-low-income, at-risk and frail elderly homeowners, and shall be conducted in coordination with the Local Area Agency on Aging. (Note: "Rental Rehabilitation" is not authorized under this program.) Performance Factors: The Grantee has estimated from average cost data for the prior year of operations of these activities that as many as 25 units could be assisted with the project funds made available under this Agreement. It shall be the goal for these activities that the Subgrantee execute homeowner agreements equaling at least 85% of the project funds provided for these activities within the period of this Agreement. Southeast Pilot Project -- In coordination and in a manner consistent with the Master Plan prepared by MarshWitt Associates for the Southeast Pilot Project area (also known as the "Southeast... By Design" project or the "Bullitt-Jamison Pilot Project"), the Subgrantee shall conduct housing enhancement activities in this neighborhood of the City. Such housing activities may include the rehabilitation of existing owner-occupied or rental housing. Activities may also include the installation of infrastructure related to the housing being assisted. Other housing activities, such as property acquisition, new infill housing construction or other homebuyer assistance shall be undertaken only upon the Grantee's written authorization. The CDBG and HOME funds provided by the Grantee under this Agreement for these activities may be offered in the form of direct financial assistance to eligible individuals in such form or forms (e.g. grants, active or deferred loans, or other allowable forms of assistance) as are mutually agreeable to the Grantee and the Subgrantee, and may be combined with financing provided by other public or private agencies or institutions. All units assisted with HOME funds shall conform to standard HOME project set-up procedures and documentation. Performance Factors: The Grantee has estimated from average owner-occupied rehabilitation cost data from the prior three years that as many as 17 units could be assisted with the project funds made available under this Agreement. It shall be the goal for these activities that the Subgrantee execute homeowner agreements equaling at least 75% of the project funds provided for these activities within the period of this Agreement. Page 2 of 21 do Washington Park Housing Enhancement Program -- In coordination with its Lincoln 2000-HOPE VI project, the Subgrantee shall conduct the "Washington Park Housing Enhancement" program in this neighborhood of the City. Using HOME funds provided by the Grantee under this Agreement, the program shall offer housing rehabilitation funding to eligible homeowners or homeownership opportunities to eligible homebuyers through the sale of newly constructed or rehabilitated housing. HOME funds may be offered in the form of grants, active or deferred loans, or other allowable forms of assistance, and may be combined with financing provided by other public or private agencies or institutions. All units assisted under this program shall conform to standard HOME project set-up procedures and documentation. (Note: Neither "Lease-Purchase" nor "Rental Rehabilitation" activities are authorized under this program without the Grantee's prior approval.) Performance Factors: The Grantee has estimated from the most recent average cost data for this activity that as many as 9 units could be assisted with the project funds made available under this Agreement. (Note: This includes the use of $187,357 uncommitted carry-over HOME project funds remaining in the extended 2001/2002 HOME Agreement after the set up of project//273.) It shall be the goal for these activities that all of the uncommitted 2001/2002 carry-over project funds and at least 65% of the new 2002/2003 project funds be committed by the Subgrantee within the period of this Agreement to specific properties or units through homeowner or homebuyer agreements, acquisition settlements, agreements with contractors or other such commitments. Other Services -- The Subgrantee shall provide management, fiscal services and such other general administrative support as may be required to ensure satisfactory completion of the activities listed in the Scope of Services. Additionally, the Subgrantee shall provide the following: (~) Contractor Procurement -- The Subgrantee shall obtain contractors for needed rehabilitation or new construction services according to its standard, written procurement procedures, ensuring that all such contractors comply with applicable HUD regulations, including those relating to lead-based paint. With respect to owner-occupied rehabilitation assistance, procurement procedures will offer beneficiaries opportunities to select from among the various contractors available while maintaining a competitive selection process. (2) Servicing of Prior-Year Loans -- The Subgrantee shall continue to service outstanding active, deferred and/or forgivable loans it made in previous years, as appropriate and in accordance with guidelines of the specific programs, including contacting parties delinquent in payments in a reasonable effort to avoid foreclosure. Where delinquencies persist, the Subgrantee shall institute appropriate collection procedures including foreclosures. The Subgrantee shall maintain and protect properties on which it has foreclosed and, in consultation with the Grantee, shall arrange for resale, assumption of loan, or other disposition of the property. (3) Single-Family Mortgage Loan Program Debt Service/Loan Loss Reserve Funds -- To promote more effective and efficient administration, during the 1998/99 period, the Subgrantee obtained private financing to buy-out the series of mortgage revenue bonds it issued from 1981 to 1993 and retained all remaining CDBG debt service and loan loss reserve funds previously provided by the Grantee to secure the mortgage revenue bonds. The CDBG funds retained shall continue to be used by the Subgrantee for debt service and loan loss reserve purposes with Page 3 of 21 respect to the private financing obtained to buy-out the original bonds. On or before June 30 of each year, the Subgrantee shall report outstanding principal balances of loans made under the Single-Family Mortgage Loan Program and the amount of CDBG funds remaining in the debt service and loan loss reserve. Upon satisfaction and/or termination of all loans made under the program, the Subgrantee shall return to the Grantee any CDBG debt service and loan loss reserve funds remaining. Any such funds returned shall be classified as "program income" to the Grantee's CDBG program. Eligible Homebuyer/Homeowner -- Except as otherwise provided, for the purposes of this Agreement, "eligible homebuyer/homeowner" shall mean a family whose income, adjusted for family size, does not exceed 80% of the area median income established by HUD and in effect at the time the family applies for assistance. In the case of homeownership assistance, the eligible family must be purchasing the home for use as its principal residence. The Subgrantee shall prepare, and retain with records of the project, documentation of its determination of each eligible family's size and income. Such documentation shall include the name, age, and the sources and estimated amount of income anticipated for the succeeding twelve months for each individual related by birth, marriage or adoption living in the same household at the time of the determination. (Note: In the event that any rental rehabilitation activities are approved, all tenants shall be eligible families and rents shall be controlled through covenants or other deed restrictions conforming to the HOME regulations.) go Allowable Expenditures -- CDBG funds provided by the Grantee under this Agreement shall be used by the Subgrantee solely for the costs associated with rehabilitation of existing housing; HOME funds may be used for new construction and/or rehabilitation in accordance with HOME affordability requirements. Subject to these general limitations, funds under this Agreement may be expended for any necessary, reasonable and allowable CDBG or HOME costs, including, but not necessarily limited to, property acquisition, construction labor and materials, including the costs of related infrastructure, title and recording, counsel's fees, property appraisal, surveying, taxes, or extermination and inspection. The Subgrantee shall not acquire any real or non- expendable personal property, including equipment, without the Grantee's prior approval. The price paid to acquire any property shall not exceed the value determined through appraisal, city assessment or other appropriate method without the prior written approval of the Grantee's Department of Management and Budget. Funds shall not be expended to acquire any property that is occupied or that had been occupied at any time during the prior 12 months, nor shall funds be expended for liens, fines or penalties associated with any property acquired or to be acquired. The maximum amount of HOME funds which may be expended to assist a unit shall comply with the limits specified in section 11.a. below. h. Period of this Agreement -- This Agreement shall be effective as of July 1, 2002, and, unless amended, shall end June 30, 2003. Budget -- CDBG and HOME funds to be provided by the Grantee under this Agreement shall be as detailed in Attachment A. The Subgrantee shall not, without prior written approval from the Grantee, exceed the total funding allocated to an account nor the amount allocated to a category (i.e. "project"; "support"; "administration") within an account. Further, any amounts designated to support HOME activities shall be expended solely for this purpose. It is the intent of the Grantee Page 4 of 21 jo that funds provided for administration and project support be expended for administration and project support costs incurred during the ten-month period from September 1, 2002, to June 30, 2003. At the sole discretion of the Grantee, any funds remaining unexpended as of the end date of this Agreement may be deobligated from the Agreement and made available for other CDBG or HOME projects, as appropriate. The commitment of funds by the Grantee to this Agreement shall not be construed as a commitment by the Grantee to provide further funding to this project. HOME Match -- HOME funds must be matched in accordance with the requirements of 24 CFR 92.218 through 92.222. The Grantee shall be responsible for identifying and ensuring crediting of matching funds required pursuant to this Agreement. To assist the Grantee in meeting the requirement, the Subgrantee shall report regularly to the Grantee all activities which may be credited as HOME match. REQUESTS FOR DISBURSEMENTS OF FUNDS: Disbursement of funds under this Agreement shall not be requested until the funds are needed for payment of eligible costs. The amount of each disbursement request must be limited to the amount needed. Co do CDBG Disbursements -- By the seventh working day of each month, the Subgrantee shall submit to the Grantee's Department of Management and Budget an advance request and reconciliation, in form and content satisfactory to the Grantee. Cash advances shall be reasonably estimated and itemized; excess advances will not be allowed. Cash advances will be recorded as Accounts Receivable due from the Subgrantee. The Subgrantee's reconciliation will indicate actual expenditures incurred and not previously reported, which will be deducted from the Accounts Receivable balance due from the Subgrantee. Advance requests that are properly documented, including reconciliations and timely receipt of the monthly reports described in section 8 below, will normally be disbursed by the Grantee within ten (10) working days. No cash advances shall be made to the Subgrantee in the absence of proper documentation and monthly reports. Funds should, in turn, normally be disbursed by the Subgrantee within ten (10) working days of receipt of the advance. Monthly financial status reports issued by the Grantee's Director of Finance shall be reviewed by the Subgrantee and any discrepancies reported in writing within ten (10) working days of receipt of the reports. HOME Disbursements -- Requests for funds shall be submitted to the Grantee's Department of Management and Budget and shall include copies of the HOME Payment Certification Form(s) for the project and/or administrative costs. As requested by the Department of Management and Budget, the Subgrantee shall furnish copies of invoices or other documentation of the project and/or the administrative costs. Properly documented certifications, including receipt of the required HOME Project Set-Up Form(s) and timely receipt of the monthly reports described in section 8 below, will normally be disbursed by the Grantee within ten (10) working days. All requests for disbursements with respect to costs incurred during the period of this Agreement, as set forth in section 1 .h., must be received by the Grantee within 30 calendar days of the ending date of this Agreement. The Grantee shall not be bound to honor requests for disbursements received after this 30-day period has elapsed. Page 5 of 21 3. PROGRAM INCOME AND REPAYMENTS: a. Payment of Proceeds from Sale: (1) Upon the sale of a property assisted with CDBG and/or HOME funds under this Agreement, gross proceeds shall be distributed as follows: first, outstanding loans from private lending institutions shall be repaid; second, the Subgrantee shall recover its funds invested in the project. Thereafter, the Grantee will share in any proceeds remaining. The Grantee's share will be equal to the percentage of the total cost to develop, construct and sell the property which has been paid for by the CDBG and/or HOME funds provided under this Agreement. Should the gross proceeds be insufficient to allow the Subgrantee to recover its invested funds, the Grantee shall not be liable for the insufficiency. (2) In the event a property is assisted by both CDBG and HOME funds provided under this Agreement, the Grantee's share referenced in subsection (1) above shall be distributed to CDBG program income or HOME program income according to the percentage each source is of the total CDBG and HOME funds contributed to the property. bo All program income, repayments, interest, and Grantee shares of proceeds or other returns on the investment of CDBG and/or HOME funds shall be submitted to the Grantee by the Subgrantee on or before the fifteenth of the month following collection. AFFORDABILITY: o ao The Subgrantee shall ensure that properties assisted with HOME funds under this Agreement comply with the affordability requirements at 24 CFR 92.254, including, but not limited to, the following: (1) Buyers of the properties shall be eligible families, as described in section 1.f. above; (2) Neither the value nor the sale price of housing newly constructed or rehabilitated for sale to eligible homebuyers shall exceed the currently-applicable HOME maximum of $132,000; and (3) For up to 15 years, depending on the amount and form of HOME and/or HOME/CHDO assistance provided, either resale restrictions or repayment (recapture) requirements will be imposed on the buyer. These provisions will be enforced pursuant to section 5.c. below. bo The Subgrantee shall monitor all HOME-assisted properties to ensure maintenance of their affordability for the minimum period. This Subgrantee responsibility shall continue so long as this Agreement or any other CDBG- or HOME-funded Agreement with the Grantee remains in effect. ENFORCEMENT OF THE AGREEMENT: ao In the event the Subgrantee materially fails to comply with any term of the agreement, the Grantee may suspend or terminate, in whole or in part, this Agreement or take other remedial action in accordance with 24 CFR 85.43. The Agreement may be terminated for convenience in accordance with 24 CFR 85.44. Page 6 of 21 In the event the Subgrantee, without prior written approval from the Grantee's Department of Management and Budget, terminates the project prior to completing all units for which HOME funds have been disbursed, the Subgrantee shall be liable for repayment of all HOME project, administrative or operating funds disbursements, whether or not expended. Co The affordability provisions referenced in section 4 of this Agreement shall be enforced by a written covenants declared by the Subgrantee and recorded with the property deed. The covenant shall provide that the Grantee be notified of any pending resale of the property for the applicable period of affordability. Such covenant shall be approved as to form by the Grantee. If affordability provisions are not met upon resale of the property, up to the full HOME investment, as applicable, shall be repaid to the Grantee in accordance with section 3 of this Agreement. 6. REVERSION OF ASSETS: ao Upon expiration or termination of this Agreement, including any amendments thereto, the Subgrantee shall transfer to the Grantee any CDBG or HOME funds or CDBG or HOME Program Income on hand at the time of expiration or termination and any accounts receivable attributable to the use of CDBG or HOME funds. b. Any real property under the Subgrantee's control that was acquired or improved, in whole or in part, with CDBG funds in excess of $25,000: (1) Shall continue for a period of not less than five years following expiration of this Agreement, including any amendments thereto, to be used to meet one of the CDBG national objectives cited in 24 CFR 570.208; or (2) If the property is not used in accordance with paragraph (1) above, the Subgrantee shall pay the Grantee an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. The payment shall be considered Program Income to the Grantee. 7. RECORDS REQUIREMENTS: ao Records to be maintained -- At a minimum, the Subgrantee shall maintain financial and project documents and records which comply with the requirements of 24 CFR 92.508, 570.506, and 570.507, as applicable. bo Period of record retention -- In compliance with the requirements of 24 CFR 92.508(c) and 570.502(b), the Subgrantee shall retain financial and project documents and records pertaining to this Agreement for a period of four (4) or five (5) years, as applicable, or the conclusion of any legal or administrative process requiring their use, whichever is later. Access to records -- The Grantee and other entities shall have access to financial and project documents and records pertaining to this Agreement in compliance with the applicable requirements of 24 CFR 84.53 and 92.508(d). Page 7 of 21 8. REPORTING REQUIREMENTS: o ao By the 7th working day following the end of each month, the Subgrantee shall report the progress of activities covered by this Agreement, in a format acceptable to the Grantee's Department of Management and Budget. Such monthly reports shall include, but not be limited to, the following: (1) A narrative section summarizing progress to-date on each program included under the Scope of Services and documents any matching funds identified or to be contributed by the Subgrantee; (2) A list of monthly gross program income receipts from all sources; (3) A list of any real or non-expendable personal property, including equipment, purchased with CDBG and/or HOME funds; and (4) A table for each program providing data on each housing unit and eligible family assisted (see Attachment B for minimum data elements to be reported). b. The Subgrantee agrees to submit any other reports or documentation as requested by the Grantee concerning activities covered under this agreement. MONITORING: The Subgrantee shall monitor the progress of the project(s) covered by this Agreement, and shall submit appropriate reports to the Grantee's Department of Management and Budget. In addition, it is the Grantee's intention to monitor the Subgrantee's performance and financial and programmatic compliance, which may include on-site reviews, at least once during the period of this Agreement. 10. ANNUAL AUDIT: As an entity receiving more than $300,000 in federal funding from the Grantee, the Subgrantee shall provide for an annual independent audit of the CDBG/HOME expenditures under this Agreement which complies with OMB Circular A-133. Within 30 days following its completion, two (2) copies of the audit will be provided to the Grantee's Department of Management and Budget. 11. OTHER PROGRAM/PRO,IECT REQUIREMENTS: In addition to other requirements set forth herein, the Subgrantee shall likewise comply with the applicable provisions of Subparts F and H of 24 CFR part 92 and Subpart K of 24 CFR 570, in accordance with the type of project assisted. Such other requirements include, but are not necessarily limited to, the following. ao Maximum per-unit subsidy amount and subsidy layering. -- The total amount of HOME funds invested shall not exceed $64,520 for a one-bedroom unit, $78,456 for a two-bedroom unit, $101,496 for a three-bedroom unit, and $111,411 for a unit with four or more bedrooms. Further, in accordance with 24 CFR 92.250, HOME funds invested in combination with other governmental assistance shall not exceed the amount necessary to provide affordable housing. Page 8 of 21 Co do eo Property standards and lead-based paint -- All housing assisted with HOME funds under this agreement must, upon project completion, meet the property standards of 24 CFR 92.251. Those assisted with HOME and/or CDBG funds shall meet the Statewide Building Code. All properties assisted with HOME and/or CDBG funds shall meet the lead-based paint requirements in 24 CFR 92.355 and/or 570.608, respectively. In accordance with regulations, the Subgrantee shall adhere to lead-based paint abatement practices, as applicable, and in no case shall use lead-based paint in the construction or rehabilitation of the properties assisted under this Agreement. Affirmative Marketing and Affirmatively Furthering Fair Housing -- In accordance with 24 CFR 92.351 and 570.601 and the Grantee's Affirmative Marketing Procedures, the Subgrantee shall provide information and otherwise attract eligible persons in the housing market area to the available housing without regard to race, color, national origin, sex, familial status or disability. Section 109 -- In accordance with Section 109 of the Housing and Community Development Act of 1974 (42 U.S.C. 3535(d)), no person in the United States shall on grounds of race, color, religion, sex or national origin be excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity funded in whole or in part with funds available under this Agreement. (See also Attachment C.) Conditions for religious organizations -- The Subgrantee shall not grant or loan any HOME or CDBG funds to primarily religious organizations for any activity including secular activities. In addition, funds may not be used to rehabilitate or construct housing owned by primarily religious organizations or to assist primarily religious organizations in acquiring housing. In particular, there shall be no religious or membership criteria for tenants or buyers of any HOME- or CDBG- assisted properties. Labor standards -- As presently structured, the programs included under this Agreement are not considered subject to federal Labor Standards, including prevailing (Davis-Bacon) wage rates for non-volunteer labor. Such standards will become applicable in the event CDBG or HOME funds are used for infrastructure improvements. Such standards will also become applicable for any single project in which more than 7 housing units are assisted with CDBG funds or more than 12 units are assisted with HOME funds or more than 7 units are assisted with a combination of CDBG and HOME funds. go Environmental standards -- In accordance with 24 CFR 92.352 and 570.604, the activities under this Agreement are subject to environmental review requirements. Such requirements may include, but are not necessarily limited to, historic significance, floodplain, and hazardous sites. No CDBG or HOME funds may be expended prior to the Grantee's completion of the environmental review and the Subgrantee's completion of any required remedial actions. All specifications for proposed housing rehabilitation under this Agreement will be submitted to the Grantee's Department of Management and Budget for review as to compliance with Section 106 of the National Historic Preservation Act. ho Displacement and relocation -- In accordance with 24 CFR 92.353 and 570.606, the Subgrantee shall take all reasonable steps to minimize displacement as a result of the activities described in section 1. Furthermore, section 1 of this Agreement prohibits acquisition of any property which is occupied or has been occupied at any time during the prior 12 months. Notwithstanding this Page 9 of 21 jo prohibition, any persons displaced as a result of the activities under this Agreement shall be provided relocation assistance to the extent permitted and required under applicable regulations. Employment and contracting opportunities -- In accordance with 24 CFR 570.607, the activities under this Agreement are subject to the requirements of Executive Order 11246, as amended, and Section 3 of the Housing and Urban Development Act of 1968. The former prohibits discrimination on federally-assisted construction contracts and requires contractors to take affirmative action regarding employment actions. The latter provides that, to the greatest extent feasible and consistent with federal, state and local laws, employment and other economic opportunities arising housing rehabilitation, housing construction and public construction projects shall be given to low- and very-low-income persons. (See also Attachment C.) Debarment and suspension -- In accordance with 24 CFR 24, the Subgrantee shall not employ or otherwise engage any debarred, suspended, or ineligible contractors or subcontractors to conduct any of the activities under this Agreement. The Subgrantee will submit to the Grantee's Department of Management and Budget the names of all contractors and subcontractors selected under this Agreement to determine if such contractors or subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in federal transactions. ko Uniform administrative requirements -- The Subgrantee shall comply with the requirements and standards set forth in 24 CFR 92.505 and 570.502, and all applicable CDBG, HOME and other federal regulations pertaining to the activities performed under this Agreement. Conflict of interest -- In accordance with 24 CFR 92.356 and 570.611, no covered individual who exercises any functions or responsibilities with respect to the program during his tenure, or for one (1) year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this Agreement. The Subgrantee shall incorporate, or cause to be incorporated, in any contracts or subcontracts pursuant to this Agreement a provision prohibiting such interest pursuant to the purposes of this section. 12. EQUAL EMPLOYMENT OPPORTUNITY: Non-Discrimination: During the performance of this Agreement, the Subgrantee agrees as follows: The Subgrantee will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Subgrantee. The Subgrantee agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. b. The Subgrantee, in all solicitations or advertisements for employees placed by or on behalf of the Subgrantee, will state that such Subgrantee is an equal opportunity employer. Page 10 of 21 c. Notices, advertisement 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. do The Subgrantee will include the provisions of the foregoing subsections (a), (b) and (c) in every contract or purchase order of over ten thousand dollars and no cents ($10,000.00) so that the provisions will be binding upon each contractor or vendor. 13. DRUG-FREE WORKPLACE: The Subgrantee will: (i) provide a drug-free workplace for the Subgrantee's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Subgrantee's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the Subgrantee that the Subgrantee maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over ten thousand dollars and no cents ($10,000.00), so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this subsection, "drug-free workplace" means a site for the performance of work done in connection with this contract. 14. FAITH-BASED ORGANIZATIONS: Pursuant to {}2.2-4343.1 of the Code of Virginia (1950), as amended, the City of Roanoke does not discriminate against faith-based organizations. 15. THIRD-PARTY CONTRACTS: The Grantee shall not be obligated or liable hereunder to any party other than the Subgrantee. 16. INDEMNITY: Each party hereto agrees to indemnify and hold harmless the other, its officers, agents and employees, from any and all claims, legal actions and judgments and expenses resulting therefrom, arising out of each party=s intentional or negligent acts or omissions with respect to the duties, rights and privileges granted in or arising under this Agreement. In the event that the parties are jointly or concurrently negligent, each party shall indemnify and hold harmless the other party to the extent of its own negligence. 17. INDEPENDENT CONTRACTOR: Services performed under this agreement shall be performed on an independent contractor basis and under no circumstances shall this Agreement be construed as establishing an employee/employer relationship. The Subgrantee shall be completely responsible for its activities in performing services hereunder. Page 11 of 21 18. SUCCESSORS: This Agreement shall be binding upon each of the parties, and their assigns, purchasers, trustees, and successors. 19. ENTIRE AGREEMENT This Agreement, including all of its Attachments, represents the entire agreement between the parties and shall not be modified, amended, altered or changed, except by written agreement executed by the parties. 20. AMENDMENTS: The Grantee may, from time to time, require changes in the obligations of the Subgrantee hereunder, or its City Council may appropriate further funds for the implementation of this HOME rehabilitation project. In such event or events, such changes which are mutually agreed upon by and between the Grantee and the Subgrantee shall be incorporated by written amendment to this Agreement. 21. GOVERNING LAW: This Agreement shall be governed by laws of the Commonwealth of Virginia. 22. AVAILABILITY OF FUNDS: CDBG and HOME funding to be made available by the Grantee under this Agreement is contingent upon necessary appropriations by the U.S. Congress. In the event that sufficient funds are not appropriated, at the sole discretion of the Grantee, this Agreement may be terminated in whole or in part. 23. ANTI-LOBBYING: To the best of the Subgrantee's knowledge and belief, no federal appropriated funds have been paid or will be paid, by or on behalf of it, to any persons for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, the Subgrantee will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Page 12 of 21 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year hereinabove written: ATTEST: FOR THE GRANTEE: By By Mary F. Parker, City Clerk Darlene L. Burcham, City Manager ATTEST: FOR THE SUBGRANTEE: By By Secretary of the Board John P. Baker, Executive Director APPROVED AS TO CDBG/HOME ELIGIBILITY APPROVED AS TO FORM Department of Management and Budget Assistant City Attorney APPROVED AS TO EXECUTION APPROPRIATION AND FUNDS REQUIRED FOR THIS CONTRACT CERTIFIED Assistant City Attorney Date Account # Director of Finance (See Attachment A) Page 13 of 21 Attachments Attachment A -- Financial Accounts Attachment B -- Housing/Beneficiary Reporting Elements Attachment C -- Special Federal Terms and Conditions Page 14 of 21 Attachment A 2002/2003 RRHA CDBG and HOME Agreement Financial Accounts Account # Description Project Support Admin Total CDBG Funds: 035-G03-0310-__ CARE/Quick Response $ 0 $ 0 $ 8,500 $ 8,500 035-G03-0310-__ CARE/Quick Response $ 0 $35,000 $ 0 $ 35,000 035-G03-0320-5003 CARE/Quick Response $125,342 $ 0 $ 0 $125,342 Subtotal $125,342 $35,000 $ 8,500 $168,842 035-G03-0320- Southeast Pilot Project $ 0 $ 0 $ 21,500 $ 21,500 035-G03-0320- Southeast Pilot Project $ 0 $ 88,186 $ 0 $ 88,186 035-G03-0320- Southeast Pilot Project (HOME Support) $ 0 $ 45,000 $ 0 $ 45,000 035-G03-0320-5369 Southeast Pilot Project $292,616 $ 0 $ 0 $292,616 Subtotal $292,616 $133,186 $21,500 $447,302 Total CDBG Funds $417,958 $168,186 $30,000 $616,144 HOME Funds: 035-090-53!0- Southeast Pilot Project $ 0 NA $ 5,000 $ 5,000 035-090-5310-5373 Southeast Pilot Project $180,018 NA $ 0 $180,018 Subtotal $180,018 NA $ 5,000 $185,018 035-090-5306-5283 Washington Park Housing $ 920 $ 0 $ 0 $ 920 035-090-5308-5283 Washington Park Housing $ 91,775 $ 0 $ 0 $ 91,775 035-090-5309- Washington Park Housing $ 0 $ 0 $25,000 $ 25,000 035-090-5309-5283 Washington Park Housing $ 12,692 $ 0 $ 0 $ 12,692 035-090-5322-5283 Washington Park Housing $ 94,161 $ 0 $ 0 $ 94,161 035-090-5323-5283 Washington Park Housing $ 25,452 $ 0 $ 0 $ 25,452 Subtotal $225,000 $ 0 $25,000 $250,000 Total HOME Funds $405,018 $ 0 $30,000 $435,018 TOTAL CDBG AND HOME $822,976 $168,186 $60,000 $1,051,162 Page 15 of 21 Attachment B Housing/Beneficiary Reporting Elements On a monthly basis, the Subgrantee shall provide a narrative report to the Grantee summarizing progress on the project to-date. Accompanying the narrative, the Subgrantee shall submit data in a table or spreadsheet format that is needed in order that the Grantee may complete its required reports to the U.S. Department of Housing and Urban Development. The data provided by the Subgrantee shall include: -- Property address -- Number of bedrooms -- Status (pending, under construction, completed or sold) -- Name of Homeowner or Homebuyer -- Total Family Income (projected for 12 months following determination) -- Number in family -- Ethnic Group: White, Black (non-Hispanic), Hispanic, Asian/Pacific Islander, American Indian/Alaskan Native, or Other -- Whether family is headed by a single female -- Whether head of household is disabled -- Estimated total hard (incl. acquisition costs, if any) and soft costs to produce the unit -- CDBG funds committed to property -- HOME funds committed to property -- HOME/CHDO funds committed to property -- Prime Contractor Name -- Federal I.D. Number (or Owner Social Security Number) -- Whether Minority-Owned, Women-Owned or Both -- CDBG funds committed to Prime -- HOME funds committed to Prime -- HOME/CHDO committed to Prime -- Subcontractor Name (Provide separate data for each subcontractor) -- Federal I.D. Number (or Owner Social Security Number) -- Whether Minority-Owned, Women-Owned or Both -- CDBG funds committed to Subcontractor -- HOME funds committed to Subcontractor -- HOME/CHDO committed to Subcontractor -- Unit Sale Data (if property is for homeownership) -- Sales Price of Unit (excluding settlement charges) -- Closing Date -- After-Rehab Value (if owner-occupied rehab activity) Page 16 of 21 Attachment C U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SPECIAL TERMS AND CONDITIONS (Agreements $10,000 or Over) "Section 3" Compliance -- Provision of Training, Employment and Business Opportunities: mo The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. Bo The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. Co The Subgrantee will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers'representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. Do The Subgrantee will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the contractor is in violation of regulations issued by the Secretary of Housing and Urban Development 24 CFR Part 135. The Subgrantee will not subcontract with any contractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR part 135 and will not let any subcontract unless the contractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. Eo Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, Page 17 of 21 binding upon the applicant or recipient for such assistance, its successor and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its Subgrantees and contractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. Equal Employment Opportunity: Contracts subject to Executive Order 11246, as amended: Such contracts shall be subject to HUD Equal Employment Opportunity regulations at 24 CFR Part 130 applicable to HUD-assisted construction contracts. The Subgrantee shall cause or require to be inserted in full in any non-exempt contract and subcontract for construction work, or modification thereof as defined in said regulations, which is paid for in whole or in part with assistance provided under this Agreement, the following equal opportunity clause: "During the performance of this contract, the Subgrantee agrees as follows: mo The Subgrantee will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Subgrantee will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Subgrantee agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. Bo The Subgrantee will, in all solicitations or advertisements for employees placed by or on behalf of the Subgrantee, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. Co The Subgrantee will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers'representatives of the Subgrantee's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. Do The Subgrantee will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. The Subgrantee will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. F. In the event of the Subgrantee's noncompliance with the nondiscrimination clauses of this Page 18 of 21 contract or with any of such rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in part, and the Subgrantee may be declared ineligible for further Government contracts or Federally-assisted construction contract procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. Go The Subgrantee will include the portion of the sentence immediately preceding paragraph (A) and the provisions of paragraphs (A) through (G) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each contractor or vendor. The Subgrantee will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a Subgrantee becomes involved in or is threatened with litigation with a contractor or vendor as a result of such direction by the Department, the Subgrantee may request the United States to enter into such litigation to protect the interest of the United States." The Subgrantee further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in Federally-assisted construction work; provided, that if the Subgrantee so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The Subgrantee agrees that it will assist and cooperate actively with the Department and the Secretary of Labor in obtaining the compliance of Subgrantees and contractors with the equal opportunity clause and the rules, regulations and relevant orders of the Secretary of Labor; that it will furnish the Department and the Secretary of Labor such compliance; and that it will otherwise assist the Department in the discharge of its primary responsibility for securing compliance. The Subgrantee further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a Subgrantee debarred from, or who has not demonstrated eligibility for Government contracts and Federally-assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon Subgrantees and contractors by the Department or the Secretary of Labor pursuant to Part 1/, Subpart D, of the Executive Order. In addition, the Subgrantee agrees that if it fails or refuses to comply with these undertakings, the Department may take any or all of the following actions: cancel, terminate or suspend in whole or in part the grant or loan guarantee; refrain from extending any further assistance to the Subgrantee under the Program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such Subgrantee; and refer the cause to the Department of Justice for appropriate legal proceedings. o Nondiscrimination Under Title VI of the Civil Rights Act of 1964: This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and HUD regulations with respect thereto, including the regulations under 24 CFR Part 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Subgrantee shall cause or require a covenant running with the land to be inserted in the deed or lease for such Page 19 of 21 transfer, prohibiting discrimination upon the basis or race, color, religion, sex or national origin, in the sale, lease or rental, or in the use of occupancy of such land or any improvements erected or to be erected thereon, and providing that the Subgrantee and the United States are beneficiaries of and entitled to enforce such covenant. The Subgrantee, in undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. 4. Section 504 and Americans with Disabilities Act: The Subgrantee agrees to comply with any federal regulation issued pursuant to compliance with the Section 504 of the Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act, which prohibit discrimination against the disabled in any federal assisted program. Obligations of Subgrantee with Respect to Certain Third-party Relationships: The Subgrantee shall remain fully obligated under the provisions of the Agreement, notwithstanding its designation of any third party or parties for the undertaking of all or any part of the program with respect to which assistance is being provided under this Agreement to the Subgrantee. Any Subgrantee which is not the Applicant shall comply with all lawful requirements of the Applicant necessary to insure that the program, with respect to which assistance is being provided under this Agreement to the Subgrantee is carried out in accordance with the Applicant's Assurances and certifications, including those with respect to the assumption of environmental responsibilities of the Applicant under Section 104(h) of the Housing and Community Development Act of 1974. o Interest of Certain Federal Officials: No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from the same. Prohibition Against Payments of Bonus or Commission: The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining HUD approval of the application for such assistance, or HUD approval or applications for additional assistance, or any other approval or concurrence of HUD required under this Agreement, Title I of the Housing and Community Development Act of 1974, or HUD regulations with respect thereto; provided, however, that reasonable fees or bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs. "Section 109": This Agreement is subject to the requirements of Section 109 of the Housing and Community Development Act of 1974, 42 U.S.C. 3535(d). No person in the United States shall on the ground of race, color, religion, sex or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds available under this title. ° Access to Records and Site of Employment: This agreement is subject to the requirements of Executive Order 11246, Executive Order 1375, Civil Rights Act of 1964, as amended. Access shall be permitted during normal business hours to the premises for the purpose of conducting on-site compliance reviews and inspecting and copying such books, records, accounts, and other material as Page 20 of 21 may be relevant tot he matter under investigation and pertinent to compliance with the Order, and the rules and regulations promulgated pursuant thereto by the Subgrantee. Information obtained in this manner shall be used only in connection with the administration of the Order, the administration of the Civil Rights At of 1964 (as amended) and in furtherance of the purpose of the Order and that Act. 10. Legal Remedies for Contract Violation: If the Subgrantee materially fails to comply with any term of this Agreement, whether stated in a Federal statute or regulation, an assurance, in a State plan or application, a notice of award, or elsewhere, the City may take one or more of the following action, as appropriate in the circumstances: 1) 2) 3) 4) Temporarily withhold cash payments pending correction of the deficiency by the Subgrantee, Disallow all or part of the cost of the activity or action not in compliance, Wholly or partly suspend or terminate the current Agreement, or Take other remedies that may be legally available. Page 21 of 21 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk October 18, 2002 File #27 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36097-101502 authorizing the City Manager to allow community groups, volunteers and other entities as the City Manager may deem appropriate to undertake a storm drain stenciling project within the City's rights-of-way and to take such further action as may be necessary to implement and administer such project. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, October 15, 2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc~ Jesse A. Hall, Director of Finance Philip C. Schirmer, City Engineer H:kAgenda.02\October 15, 2002 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 2002. ~No.'~36097~01502. A RESOLUTION authorizing the City Manager to allow community groups, volunteers and other entities as the City Manager may deem appropriate to undertake a storm drain stenciling project within the City's rights-of-way and to take such further action as may be necessary to implement and administer such project. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is hereby authorized to allow community groups, volunteers, and other entities as the City Manager may deem appropriate to undertake the storm drain stenciling project within the City's rights-of-way mentioned inthe City Manager's letter to Council dated October 15, 2002, and to take such further action as may be necessary to implement and administer such project. ATTEST: City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.corn October 15, 2002 Honorable Ralph K. Smith, Mayor Honorable C. Nelson Harris, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable William H. Carder, Council Member Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: City of Roanoke Storm Drain Stenciling Project As part of the fulfillment for our Storm Water Quality Improvement Program (SWQIP), the city of Roanoke, in cooperation with Clean Valley Council and the Virginia Department of Conservation and Recreation, will initiate a storm drain inlet stenciling project. Storm drain stenciling projects have been implemented nationwide to help increase community awareness of storm drain-related pollution. This increased awareness has been accepted by the U.S. Environmental Protection Agency as an appropriate Best Management Practice (BMP) to decrease the effects of non-point source pollutants to municipal separate storm sewer systems (MS-4). Decreasing pollutant loads into our MS-4 is the overall goal of the SWQIP. Schools and other community groups will stencil the message "Dump No Waste Drains to River" on drain inlets throughout the city and other jurisdictions in the Roanoke Valley. The stenciled message will include a graphic of the Roanoke Icg perch, an endangered species that lives in the Roanoke River. Storm Drain Stenciling is planned to begin October 16, with citizen involvement over the weekend of October 18, 19 and 20, to coincide with the 30th anniversary of the Clean Water Act on October 18. The project will continue as we move into the implementation phase of our Storm Water Quality Improvement Program. Authorization for the proposed marking of public rights of way is requested since the markings will be done by citizens on City-owned property throughout the City. Honorable Mayor and Members of Council October 15, 2002 Page 2 The projected cost for this project is $4000 for this year, to cover the development for the custom stencils and coordination for the effort. Funding is available in account number 008-530-9736, NPDES - Phase 2. Recommended Action: Authorize the City Manager to allow community groups, volunteers, and such other entities as the City Manager may deem appropriate to undertake the Storm Drain Stenciling Project mentioned above, and to take such further action as may be necessary to implement and administer such project. Respectfully submitted, City Manager DLB:KCC:na C~ Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Philip C. Schirmer, P.E., L.S., City Engineer #CM02-00232 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk October 18, 2002 File #22-60-72-304 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36099-101502 authorizing acceptance of a grant from the United States Department of Health and Human Services to be used for salary and fringe benefits of counselors and related activities in the Outreach Program; and authorizing execution of the necessary documents. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, October 15, 2002. Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Jesse A. Hall, Director of Finance Rolanda A. Johnson, Assistant City Manager for Community Development Glenn D. Radcliffe, Director, Human Services Letitia E. Malone, Juvenile Justice Administrator H:~Agenda.02\October 15, 2002 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 2002. No. 36099-101502. A RESOLUTION authorizing the acceptance of a grant from the United States Department of Health and Human Services to be used for salary and fringe benefits of counselors and related activities in the Outreach Program; and authorizing the execution of the necessary documents. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the United States Department of Health and Human Services' Runaway and Homeless Youth Program Grant (No. 03CY0433/1), in the amount of $126,675 to be used for salary and fringe benefits of counselors and related activities in the Outreach Program, and as more particularly set forth in the October 15, 2002, report of the City Manager to this Council. 2. The City Manager is hereby 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: H:XRESOLUTIONS~R-RUNAWAY AND HOMELES S2002( 101502).DOC City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk October 18, 2002 File #22-60-72-304 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 36098-101502 amending and reordaining certain sections of the 2002-03 Grant Fund Appropriations, providing for appropriation of $126,675.00 from the United States Department of Health and Human Services for the Runaway and Homeless Youth Act Outreach Program; and dispensing with the second reading by title of this ordinance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, October 15, 2002, and is in full force and effect upon its passage. Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Darlene L. Burcham, City Manager Rolanda A. Johnson, Assistant City Manager for Community Development Glenn D. Radcliffe, Director, Human Services Barry L. Key, Director, Office of Management and Budget Letitia E. Malone, Juvenile Justice Administrator HSAgenda.02\October 15, 2002 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of October, 2002. 'No. 36098-101502. AN ORDINANCE to amend and reordain certain sections of the 2002-2003 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Health and Welfare $ 4,206,573 Runaway/Homeless Grant 9/02 - 8/05 (1-16) ......................................... 126,675 Revenues Health and Welfare $ 4,206,573 Runaway/Homeless Grant 9/02 - 8/05 (17) ............................................. 126,675 1) Regular Employee Salaries 2) Temporary Employee Wages 3) ICMA RC Retirement 4) ICMA Match 5) FICA 6) Medical Insurance 7) Dental Insurance 8) Life Insurance 9) Disability Insurance 10) Fees For Professional Services 11) Telephone-Cellular 12) Administrative Supplies 13) Dues and Memberships 14) Training and Development 15) Local Mileage 16) Program Activities 17) Runaway/Homeless 9/02 - 8/05 (035-630-5138-1002) $ 57,024 (035-630-5138-1004) 5,721 (035-630-5138-1115) 5,249 (035-630-5138-1116) 1,300 (035-630-5138-1120) 4,900 (035-630-5138-1125) 5,496 (035-630-5138-1126) 404 (035-630-5138-1130) 571 (035-630-5138-1131 ) 163 (035-630-5138-2010) 1,125 (035-630-5138-2021 ) 1,200 (035-630-5138-2030) 4,850 (035-630-5138-2042) 700 (035-630-5138-2044) 6,575 (035-630-5138-2046) 2,340 (035-630-5138-2066) 29,057 (035-630-5138-5138) 126,675 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com October 15, 2002 Honorable Ralph K. Smith, Mayor Honorable C. Nelson Harris, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable William H. Carder, Council Member Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dbwe, Jr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of Council Background: Subject: Acceptance of United States Department of Health and Human Services Funds for the Runaway and Homeless Youth Act Program, (RHYP) Outreach Program The City of Roanoke has been selected as a grantee for the federally-funded Program for Runaway and Homeless Youth (RHY) under the provisions of the Runaway and Homeless Youth Act. The amount of the grant is $126,675 annually. These funds are used to cover the salaries and fringe benefits of one Youth Counselor III, one Youth Counselor II, one relief counselor and related progranl activities in the Outreach program. The required local match is offered as in-kind services. The U.S. Department of Health and Human Services awards grants for services in three-year cycles. The project period for this grant beoiqs September 1, 2002 and will end on September 1,2005. The focus of this program is to alleviate the problems of runaway and homeless yo~:t,q and their families, strengthen family relationships and encourage stable living conditions. The early intervention of Outreach staff in a combination of shelter based Honorable Mayor and Members of Council October 15, 2002 Page 2 and home based services offers runaway and homeless youth and their families, supportive services that will decrease the incidence of repeat runaway episodes. Program services include: 24 hour intake and referral access, temporary shelter, individual, group and family counseling, community service linkages, aftercare services, case disposition and recreation opportunities. Recommended Action(s): Adopt a resolution accepting the $126,675.00 in funding from the U.S. Department of Health and Human Services, Grant #03CYO433/1, for Sanctuary's RHY Outreach program. Authorize the City Manager to execute the required grant agreement and any other forms required by the Department of Health and Human Services in order to accept these funds, such documents to be approved as to form by the City Attorney. Appropriate $126,675.00 in federal funds to revenue and expenditure accounts in the Grant fund to be established by the Director of Finance, as detailed in Attachment A. Respectfully Submitted Darlene L. Burcham City Manager DLB:Iem C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Glenn D. Radcliffe, Director of Human/Social Services Letitia E. Malone, Juvenile Justice Administrator Rolanda Johnson, Assistant City Manager for Community Development CM#02-00233 Attachment A U.S. Department of Health and Human Services RHY 2002m2003 Account Set-up Transactions Account No. Description Amount Revenue--2001/2002 RHY grant $126,675.00 Total revenue $126,675.00 Expenditures: 1002 Regular Salaries $ 57,024.00 1004 Temporary Employees $ 5,721.00 1115 ICMA $ 5,249.00 1116 ICMA Match $ 1,300.00 1120 FICA $ 4,900.00 1125 Health $ 5,496.00 1126 Dental $ 404.00 1130 Life $ 571.00 1131 Long term disability $ 163.00 2010 Fees for professional services $ 1,125.00 2021 Telephone Cellular $ 1,200.00 2030 Administrative Supplies $ 4,850.00 2042 Dues and memberships $ 700.00 2044 Training and Development $ 6,575.00 2046 Local Mileage $ 2,340.00 2066 Program Activities $ 29,057.00 Total expenditures $126,675.00 CITY OF ROANOKE OFFICE OF THE C1TY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com October 15, 2002 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: Subject: Amendment to Lease Agreement for Human Services Building CM02-0236 This is to request space on Council's regular agenda for a report on the above referenced subject. Respectfully submitted, Darlene L.'l~urcham City Manager DLB:sm G~ City Attorney City Clerk Director of Finance CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk October 18, 2002 File #467 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36100-101502 authorizing the City Manager to execute an agreement between the Roanoke City School Board and the City of Roanoke, allowing the City to operate a fitness center at the Breckinridge Middle School for use by the general public, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, October 15, 2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Jesse A. Hall, Director of Finance Rolanda A. Johnson, Assistant City Manager for Community Development Steven C. Buschor, Director, Parks and Recreation Cindy H. Lee, Clerk, Roanoke City School Board H:',Agenda.02\October 15, 2002 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 2002. No. 36100-101502. A RESOLUTION authorizing the City Manager to execute an agreemem between the Roanoke City School Board and the City of Roanoke, allowing the City to operate a fitness center at the Breckinridge Middle School for use by the general public, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, the agreement between the Roanoke City School Board and the City of Roanoke, approved as to form by the City Attorney, allowing the City of Roanoke to operate a fitness center in specified areas at the Breckinridge Middle School for use by the general public, as more fully set forth in the City Manager's letter dated October 15, 2002, to this Council. ATTEST: City Clerk. H: hRES OLUTIONS~R-BRECKINRIDGEFITNES S. WPD CITY OF ROANOKE OFFICE OF THE C1TY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com October 15, 2002 Honorable Ralph K. Smith, Mayor Honorable C. Nelson Harris, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable William H. Carder, Council Member Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Breckinridge Middle School Fitness Center Agreement Background: The Parks and Recreation Department opened its first fitness center in partnership with the Roanoke Public Schools at Breckinridge Middle School in October 1997. This was followed by fitness center openings at Woodrow Wilson Middle School in November 1998, Addison Middle School in December 1999 and Jackson Middle School in February 2001. The original Agreement for Breckinridge expired September 30, 2002 Roanoke City Public Schools use the fitness room and equipment for physical education classes and sports conditioning. Parks and Recreation operates the facility as a fitness center, open to the general public during non-school hours. Considerations: The current one year Agreement with the Roanoke City School Board, with option to renew for four additional one-year terms expired September 30, 2002. This current Agreement was authorized by City Council via Ordinance Number 33609-100697. Following minor changes to the attached document (Attachment 1), it is requested that the Agreement be continued up to an additional five (5) years, ending September 30, Honorable Mayor and Members of Council October 15, 2002 Page 2 2007. Details of the rights of both the City and the Roanoke City School Board are contained in the attached Agreement, Recommended Action: Authorize the City Manager to execute the attached Agreement in a form approved by the City Attorney and continue the operation of the Breckinridge Fitness Center. Respectfully submitted, City Manager DLB:kaj Attachment C~ Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Steven B. Buschor, Director of Parks and Recreation Dr. E. Wayne Harris, Superintendent, Roanoke City Schools Richard Kelley, Assistant Superintendent of Operations, Roanoke City Schools Rolanda A. Johnson, Assistant City Manager for Community Development #CM02-00230 AGREEMENT THIS AGREEMENT is made this ?tg~ day of ,~m,/~,~ · , 2002, between the CITY OF ROANOKE, VIRGINIA, hereinafter referred to as "City", and the ROANOKE CITY SCHOOL BOARD, hereinafter referred to as "School Board". WITNESSETH: IN CONSIDERATION of the mutual covenants contained in this Agreement, the City and the School Board agree as follows: 1. Premises: The facility which is the subject of this Agreement ("Premises") shall be the fitness room, the gymnasium, lobby, the restrooms, the men's and ladies' locker rooms, and other mutually agreed upon designated space at Breckinridge Middle School located at 3901Williamson Road, N.W., in the City of Roanoke. 2. Term of Agreement: The term of this Agreement shall be from October 1, 2002, until September 30, 2003. This Agreement shall be extended for four (4) additional one-year terms, unless a party terminates the Agreement pursuant to Paragraph No. 13, in writing, no later than thirty (30) days prior to the last day of the then-current term of the Agreement. 3. Terms of Use: The Premises shall be open to the general public, subject to the following terms and conditions: (a) The fitness room shall be available to all persons who are sixteen (16) years of age or older. Persons who are fourteen (14) to sixteen (16) years of age may use the fitness room upon completion of training provided by the Breckinridge Middle School Physical Education Department or the Fitness Trainer employed by the City. (b) The Director of the Roanoke City Department of Parks and Recreation ("Director") shall implement an identification procedure to ensure that only authorized persons are using the Premises and that their use is at the appropriate rate. (c) The hours of operation of the Premises shall be as follows ("Operational Hours"): (i) Fitness Room: 4:00 p.m. - 9:00 p.m., Monday through Friday, for use by the general public, and 3:30 p.m. to 4:00 p.m. for cleaning and preparation. (ii) Gymnasium: 5:00 p.m.- 9:00 p.m., Monday through Friday, for use by the general public, for the first year of the Agreement, and in the future at such times as the parties mutually agree in writing. Gynmasium use is subject to school use through prior reservation by the school principal. (iii) Locker rooms, and mutually agreed upon designated space: to be used at such times and subject to fees as agreed upon in writing by the parties. A take down and set up fee may be charged if the school's custodial staff is required to take such action because of the nature of the activity using a facility. (iv) The Premises shall be accessible from 8:00 a.m. until 3:00 p.m. on Saturdays, and from 1:00 p.m. until 6:00 p.m. on Sundays. The Director shall have the authority to adjust the hours of operation of the Premises, or any portion thereof, in writing, and the Director shall have the authority to cancel use of the Premises for any date or dates pursuant to this Agreement due to inclement weather or any other reason. (d) The School Board may rent the gymnasium at any time the Premises are not scheduled to be used by the City. All arrangements relating to such rental shall be made through the School Board. (e) The School Board shall continuously maintain appropriate temperature and reasonable humidity control throughout the year in the fitness room for the proper maintenance and protection of the equipment in the fitness room. (f) The City will be responsible for the cost of repairs for damages (other than fair wear and tear or damages caused by the negligence of any School Board employee) to the facility caused by persons using the facility as part of a City-sponsored program. 4. Equipment: The equipment in the fitness room belongs to the City. The City shall be responsible for the cost of repairing or replacing all equipment damaged or destroyed by normal use of the equipment. The School Board shall repair or replace any equipment willfully or intentionally damaged or destroyed by any person at any time not during Operational Hours, and the City shall repair or replace any equipment willfully or intentionally damaged or destroyed by the general public during Operational Hours. Each party shall perform an inventory and inspection prior to each day of use and shall note the results of the same on forms approved and provided by the Director. The determination of whether equipment shall be repaired or replaced shall be the Director's decision. 5. Conflicts in use: Use of the Premises by the general public pursuant to this Agreement shall be subject to events scheduled by the School Board. Reasonable notice of such events shall be given to the Director, in writing, preferably fourteen (14) calendar days of the first day of the event. If less than ten (10) days notice is given, then the School shall supply the City an alternate location on site, adequate enough to allow for their prescheduled event. 6. Additional areas for use: The City shall have use of office space within the fitness room for administering this Agreement. The City shall also have use of one-half(½) of the storage room located next to the school physical education office at the end of the fitness room. 7. Access to equipment: The City and the School Board shall have access to, and may use, all equipment which is stored at Breckinridge Middle School as of the date of this Agreement, including volleyball standards, aerobic steps, and mats. Such equipment, if damaged willfully or intentionally during a use time administered by one of the parties, shall be repaired or replaced by that party within thirty (30) days of the equipment being damaged. 8. Maintenance of Premises: The School Board shall maintain and clean the Premises after use of the same during a school day and before use of the Premises by the general public pursuant to this A~greement. The School Board shall maintain and clean the Premises before and after the use of the same on each Saturday and Sunday the Premises are used by the general public pursuant to this Agreement. The City shall pay the School Board for each Saturday or Sunday such custodial services are provided at a mutually agreeable rate. 9. Utilities: The School Board shall pay for all utilities, including water and electricity, for use of the Premises Monday through Friday, and the City shall pay a prorated share of such utilities for use of the Premises on Saturday and Sunday at a mutually agreeable 4 rate. The City will pay all monthly fees incurred as a result of the telephone located in the office described above, as well as all long distance calls made during the hours of operation for use by the general public. 10. Vendor Machine(s): The School Board may restrict access to, or use of, the vending machine(s) 7:00 a.m. to 3:30 p.m., Monday through Friday. All proceeds from the vending machine shall belong to the City for use to offset costs incurred in administering this Agreement. 11. Insurance: The School Board shall name the City, its officers, agents, employees and volunteers as additional insureds as their interests may appear on the appropriate School Board liability policies with minimum limits of One Million Dollars ($1,000,000.00) per occurrence and One Million Dollars ($1,000,000.00) aggregate. If any organization sponsored by the City uses the Premises, such organization shall provide the City and School Board with proof of liability insurance in accordance with the above limits and such organization shall name the City 'and School Board, their officers, agents, and employees as additional insureds. All insurance correspondence shall be sent to the City of Roanoke, c/o Risk Management Officer, Room 506, Municipal Building North, Roanoke, Virginia 24011, and Richard L. Kelley, Assistant Superintendent for Operations, Roanoke City School Board, P.O. Box 13145, Roanoke, Virginia 24031. 12. Notice: Notice to the parties, unless otherwise indicated, shall be in writing and either in person and delivered to the following locations, or by first-class mail: If to the City: Director of Parks and Recreation 210 Reserve Avenue, S.W. Roanoke, Virginia 24016 If to the School Board: Assistant Superintendent for Operations 40 Douglas Avenue, N.W. Roanoke, Virginia 24012. 13. Termination: This Agreement may be terminated by either party for cause, in writing, with thirty (30) days notice. The City shall have access to its equipment during normal business hours for forty-five (45) calendar days after termination and shall remove the same during that period of time. 14. Third-Parties: Neither party shall be obligated or liable hereunder to any person or entity not a party to this Agreement. 15. SuccessOrs and Assigns: 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. 16. Assignment: This Agreement and the rights and obligations hereunder may not be sold, assigned, or transferred at anytime by either party without the prior written consent of the City's City Manager. 17. Captions and Headings: The section captions and headings are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. 18. Cooperation: Each party agrees to cooperate with the other in executing any documents necessary to carry out the intent and purpose of this Agreement. 19. Entire Agreement: This Agreement constitutes the entire agreement and understanding of the parties. WITNESS the following signatures and seals: ATTEST: CITY OF ROANOKE, VIRGINIA Mary F. Parker, City Clerk By Its ATTEST: ROANOKE CITY SCHOOL BOARD (title). (Title). ~~A ove as t~¢ Form: Assistant City Attorney for City of Roanoke Approved as to Execution: Assistant City Attorney for City of Roanoke H:~.GREE- SJT~BreckinridgeMiddleSchool091002.wpd 7 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia24011-1536 Telephone: (540) 8:53-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va, us October 18, 2002 File #57-60 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk M. Wayne Hylton, Jr., Vice-President S. R. Draper Paving Co. 4742 Old Rocky Mount Road, S. W. Roanoke, Virginia 24014 Dear Mr. Hylton: I am enclosing copy of Ordinance No. 36102-101502 accepting the bid of S. R. Draper Paving Co., for construction of various curbs, gutters, and sidewalks along City streets, in the amount of $134,995.50; rejecting all other bids received by the City; and dispensing with the second reading by title of this ordinance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, October 15, 2002, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure pc: Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Kenneth H. King, Jr., Manager, Streets and Traffic Jeffrey H. Powell, Director, General Services Robert H. Bird, Acting Manager, Purchasing H:~Agenda.02\October 15, 2002 correspondence.wpd MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk~ci.roanoke.va, us October 18, 2002 File #57-60 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk 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. 36102-101502 accepting the bid of S. R. Draper Paving Co., for construction of various curbs, gutters, and sidewalks along City streets, in the amount of $134,995.50; rejecting all other bids received by the City; and dispensing with the second reading by title of this ordinance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, October 15, 2002, and is in full force and effect upon its passage. On behalf of the City of Roanoke, thank you for submitting your bid on the abovedescribed project. Mary F. Parker, CMC City Clerk MFP:mh Enclosure H:~Agenda.02\October 15, 2002 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 2002. No. 36102-101502. AN ORDINANCE accepting the bid of S. R. Draper Paving Company, for constructing various curbs, gutters, and sidewalks along City streets, 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 dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of S. R. Draper Paving Company, in the amount of $134,995.50 for constructing various curbs, gutters, and sidewalks along City streets, as is more particularly set forth in the City Manager's letter dated October 15, 2002, 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 the bidder, which bid is on file in the Purchasing Division, 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, the contract to be in such form as is approved by the City Attorney, and the cost of the 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 above 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. H:~Measuresklraper curbs and sidewalks 2002.doc 1 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. H:~Measures~draper curbs and sidewalks 2002.doc 2 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk October 18, 2002 File #57-60 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 36101-101502 amending and reordaining certain sections of the 2002-03 Capital Projects Fund Appropriations, providing for appropriation of $800,000.00, in connection with acceptance of the bid of S. R. Draper Paving Co., for construction of various curbs, gutters, and sidewalks along City streets; and dispensing with the second reading by title of this ordinance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, October 15, 2002, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Darlene L. Burcham, City Manager Kenneth H. King, Jr., Manager, Streets and Traffic Jeffrey H. Powell, Director, General Services Robert H. Bird, Acting Manager, Purchasing Barry L. Key, Director, Office of Management and Budget H:~Agenda.02\October 15, 2002 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of October, 2002. No. 36101-101502. AN ORDINANCE to amend and reordain certain sections of the 2002-2003 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Streets and Bridges Sidewalk Maintenance (1) ....................................................................... Capital Improvement Reserve Series 2002 Public Improvement Bonds (2) ............................................ 1) Appropriated from 2002 Bond Funds (008-530-9774-9076) $ 800,000 2) Curb, Gutter and Sidewalk Improvements (008-530-9711-9195) (800,000) $ 26,271,040 800,000 $ 7,805,186 4,200,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com October 15, 2002 Honorable Honorable Honorable Honorable Honorable Honorable Honorable Ralph K. Smith, Mayor C. Nelson Harris, Vice Mayor William H. Carder, Council Member William D. Bestpitch, Council Member Linda F. Wyatt, Council Member Dr. M. Rupert Cutler, Council Member Alfred T. Dowe, Jr., Council Member Dear Mayor Smith and Members of City Council: Subject: Contract Award Sidewalk Maintenance Contract Bid No. 02-05-37 Background: In addition to publishing an invitation for bids in the Roanoke Times and Roanoke Tribune, direct mail solicitations were sent to six (6) area contractors. Two bids for the Sidewalk Maintenance Contract were received on Friday, May 31, 2002 (see Attachment 1 - Tabulation of Bids). S. R. Draper Paving Company (of Roanoke, Virginia) submitted the Iow bid in the amount of $134,995.50 and has agreed to honor the submitted bid through June 30, 2003 (see Attachment 2 - Extension of Bid Proposal). The award of this contract was postponed to allow City Council to be briefed on the overall curb, gutter and sidewalk program prior to proceeding with its implementation. During the briefing, Council was advised that $800,000 ($200,000 annually) would be set aside for the purposes of curb, gutter, and sidewalk replacement as needed to meet current maintenance demands. Considerations: City staff carefully evaluated the two bids and it is recommended that a contract in the amount of $134,995.50 be awarded to S. R. Draper Paving Company. Funding in the Honorable Mayor and Members of City Council October 15, 2002 Page 2 amount of $134,995.50 is available in the Public Improvement Bond Series 2002 (Account # 008-530-9711-9195) to cover this contract expense. Recommended Action: Accept the bid of S. R. Draper Paving Company and authorize the City Manager to execute a contract with S. R. Draper Paving Company for the above work in the amount of $134,995.50, in a form approved by the City Attorney, for the time period ending June 30, 2003. Funding in the amount of $800,000 is available in the Public Improvement Bond Series 2002 (Account # 008-530-9711-9195) to be appropriated in an account to be established by the Director of Finance. Reject all other bids received. Respectfully submitted, City Manager DLB:KHK Attachment C; Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Kenneth King Jr., Transportation Division Manager Robert H. Bird, Acting Manager, Purchasing CM02-0235 4742 Old Rocky Mount Road Roanoke, Virginia 24014 Phone (540) 77~ d~ 19 · FAX (540) 774-8 ! 80 Au~st 28~ 2002 City of Roanoke ATT: Mr. Dave Dooley Streets and Tr~c 1802 Courtland Ave. Roanoke, VA 24012 Dear Mr. Dooley: This is to confLrm that our bid for sid~alk, curb & gutter maintenance (Bid #02-05-37) submitted on May 31, 2002 is extended for the entire contract period ending 6/30/03. Your efforts to ~pedite award of this contract will be appreciated. If you have any questions, please give me a call. Sincerely, S. R. Draper Paving Company Vice president Bid Tabulation Bids were received, publicly opened and read at 2:00 p.m., Friday, October 15, 2002 For Concrete Sidewalks, Curb and Gutter Maintenance Contract Bid Number 02-05-37 Contractor H & S Construction Company S. R. Draper Paving Company Bid Amount $135,184.00 $134,995.50 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk October 18, 2002 File #24-169-328 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 36103-101502 repealing Article II, Solicitations for Charitable Purposes, of Chapter 28, Solicitations, Code of the City of Roanoke (1979), as amended, and amending Article I, In General by the addition of a new §28-3, Registration of charitable solicitors; and dispensing with the second reading by title of this ordinance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, October 15, 2002, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc; The Honorable Robert P. Doherty, Chief Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Diane McQ. Strickland, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Virginia H:XAgenda.02\October 15, 2002 correspondence.wpd Darlene L. Burcham October 18, 2002 Page 2 pcz The The The The The The The The Honorable Charles N. Dorsey, Judge, Twenty-Third Judicial Circuit of Virginia Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia Honorable James R. Swanson, Judge, Twenty-Third Judicial Circuit of Virginia Honorable Honorable Honorable Honorable Honorable 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 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 Sherman A. Holland, Commissioner of the Revenue Sheila N. Hartman, Assistant City Clerk, (For transmittal by electronic mail to Municipal Code Corporation) Raymond F. Leven, Public Defender, 210 First Street, S. W., Roanoke, Virginia 24011 Ronald S. Albright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Peggy B. Stewart, Office of the Magistrate Michael R. Meise, Law Librarian Jesse A. Hall, Director of Finance H:~Agenda.02\October 15, 2002 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 2002. No. 36103-101502. AN ORDINANCE repealing Article II, Solicitations for Charitable Purposes, of Chapter 28, Solicitations, Code of the City of Roanoke (1979), as amended, and amending Article I, In General by the addition of a new §28-3, Registration of charitable solicitors; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Article II, Solicitations for Charitable Purposes, of Chapter 28, Solicitations, Code of the City of Roanoke (1979), as amended, is hereby REPEALED. 2. Article I, In General, of Chapter 28, Solicitations, Code of the City of Roanoke (1979), as amended, is hereby amended by the addition of a new Section 28-3, Registration of charitable solicitors, to read and provide as follows: §28-3. Registration of charitable solicitors. Any charitable organization undertaking a charitable solicitation in the City which is required to register with the Commonwealth of Virginia pursuant to the provisions of §57-48, et seq., Code of Virginia, shall register with the City Manager, on forms to be promulgated by the City Manager: l) 2) 3) the name of the charitable organization; the names of any solicitors engaged or to be engaged in charitable solicitations on behalf of the organization; and the dates and times that the solicitors will be soliciting in the City. 2. Pursuant to §12 of the City Charter, the second reading by title of this ordinance is hereby dispensed with. ATTEST: City Clerk. H:hMEASURES\o-amsolicitationord. 1.doc WILLIAM M. HACKWORTH CITY ATTORNEY CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 2401 1-1595 TELEPHONE: 540-853-2431 FAX: 540-853-1221 EMAIL: cityat~y@ci.roanoke.va.us October 15, 2002 ELIZABETH K. DILLON STEVEN J. TALEVI GARY E. TEGENKAMP DAVID L. COLLINS HEATHER P. FERGUSON ASSISTANT CITY ATTORNEYS The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Charitable Solicitations Ordinance Dear Mayor Smith and Members of Council: In 1979, Council adopted as a part of the City Code, Article II, Solicitations for Charitable Purposes, of Chapter 28, Solicitations, requiring all charitable organizations conducting charitable solicitations in the City to obtain a permit from the City Manager. Certain organizations are exempt from obtaining a permit, including those which have registered with the Commonwealth of Virginia, or which are a chapter, branch or affiliate included in the consolidated report of an organization so registered. The City's regulations pertaining to charitable solicitations have not been substantially updated since their adoption. The City does not charge for the issuance of solicitation permits. The Commonwealth of Virginia now also comprehensively regulates charitable solicitations. See §§ 57-48, et seq., Code of Virginia. With certain exceptions, the State requires that all charitable organizations, prior to soliciting contributions, file a registration statement with the Commissioner of Agriculture and Consumer Services. The required statement contains detailed information about the organization and its proposed fund-raising. The State charges an annual registration fee, which varies with the size of the fund-raising effort. While the State has comprehensively regulated charitable solicitations, it does permit localities to adopt local ordinances not inconsistent with the State's regulations, to require local licenses, and to impose a license fee up to ten dollars. However, §57-63.D of the Code of Virginia provides that: "No charitable organization shall be required to comply with the provisions of local ordinances if such organization has registered with the Commissioner or if such organization is a chapter, branch or affiliate included in the consolidated report of an organization or federated organization registered with the Commissioner, except that such charitable organization shall not be exempted from that The Honorable Mayor and Members of City Council October 15, 2002 Page 2 portion of any local ordinance which requires such organization to register its name, the name of its solicitors and the dates and times that they will be soliciting in the locality." Given the extent which the Commonwealth now regulates charitable solicitations, it does not seem to serve any useful purpose for the City to have a separate ordinance on this subject, and to require charitable organizations to complete a separate application and submit it to the City. Consequently, I would propose that Article II, Solicitations for Charitable Purposes, of Chapter 28, Solicitations, be repealed and be replaced by a requirement that those organizations which have registered with the Commonwealth register with the City its name, the names of its solicitors and the dates and times that they will be soliciting in the City. An ordinance which would accomplish this is attached for your consideration. The City Manager and I recommend its adoption. Please let me know if you have any questions about this matter. With kindest personal regards, I am WMH:f Attachment cc: Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Mary F. Parker, City Clerk Sincerely yours, William M. Hackworth City Attorney H:\COUNCIL\l-hmsolicitationord. 1 .doc CITY OF ROANOKE APPLICATION FOR SOLICITATION Control # Permit # For Office Use Only Date Rec'd Aor~roval/Disaooroval Dates: Billings & Collections City Manager Police Commissioner of Revenue Name of organization and name(s) under which solicitation will be conducted: 2. Purpose for which the organization was creat~d: 3. Principal address of organization (or name and address of person having custody of financial records): 4. Address of offices located in City of Roanoke: o Do you have a designated agent for receiving lepal process (i.e., a designated person upon whom court papers may be served) within the Commonwealth? If ,~o, please list name and address of agent: 6. Name and addresses of any chapters, branches or affiliates located in City of Roanoke: 7. Location and date organization legally established: o 10. Form of organization: (a) Check if exempt under the Internal Rewnue Code: YES [] NO [] (b) Basis for exemption: (c) Date of filing IRS Employer Identification Number Names and addresses of all officers, directors, ~.rustees and principal salaried executive staff officer (if any): 11. Does organization intend to solicit contributions ~irectly from public? YES [] NO [] Will any solicitation of contributions be done on ~ehalf of organization by others? YES [] NO [] (If the answer is "YES', list names and addresse~ of all persons who will receive fees, wages, commissions, expense or emoluments in connection with this s )licitation and the amount to be paid to each: 1 2. Describe the method to be used in conducting thc: solicitation: 13. Date solication to start: Number of solicitors: Date solicitation to end: Hours of solicitation: 14. Is organization authorized by any other governmental agency within the State to solicit contributions? YES [] NO [] (If so, identify the agency or agencies): 15. Has organization, or any of its officers, professional fund-raiser or professional solicitor acting on its behalf, ever been enjoined by any court or otherwise prohibited from soliciting contributions in any jurisdiction? YES [] NO [] (If "YES", please explain) 16. State the general purpose or purposes for which the contributions to be solicited shall be used: 17. 18. Attach a statement for estimated f. unds to be collected by organization for charitable purposes. This statement must contain: (a) Estimated cost of fund raising (b) Amount of money estimated to be raised (c) Proposed final distribution of funds raised (d) Divide line (a) by line (b): % State the names and addresses of individuals or officers of organization who have final responsibility for custody and distribution of contributions: 19. State name and address of person(s) who will be in direct charge of conducting solicitation: 20. (a) (b} Is organization utilizing services of a professional fund-raising counsel or professional solicitor? YES [] NO r-I If "YES", has a copy of all contracts and agreements between organization and professional fund-raising counsel and professional solicitors been filed with this application to the City Manager, as required? YES [] NO [] 21. Please attach a financial statement for the last preceding fiscal year of any funds collected by organization for charitable purposes. This statement must contain: (a) Cost of raising money (b) Amount of money raised directly from the public (c) Final distribution of funds raised Using data from financial statement, please complete the following: FUND-RAISING EXPENSES: (a) Fund-raising expenses for preceding year (b) Total support received directly from public during preceding year $ (c) Divide line (a) by line (b) (Represents computation of percentage which fund-raising expenses of organization bore to its support received directly from public. A percentage greater than 20% may be deemed to be unreasonable.) VERIFICATION I, the undersigned, President [] Chairman [] Principal Officer r'l, am duly authorized to act for said organization for which this application is made, and have examined this statement and, to the best of my knowledge and belief, believe it to be a correct and complete statement. Signature Title Date Address Telephone Note: This application is in effect for ninety {90) days; however, it may be renewed by completing a second Application for Solicitation. PLEASE RETURN APPLICATION TO: DOL ORES DANIELS, CITY OF ROANOKE, 215 CHURCH AVE.. SW, ROOM 167, ROANOKE, VIRGINIA 24011 (853-1196) SOLICITATION LOG FY 2002-03 25 Greenvale (Nursery) School, Inc. 2/26/02 2/26/02 0203-25 3/1/02 6/1/02 26 Julian Stanley Wise Foundation 2/25/02 2/26/02 0203-26 3/1/02 6/1/02 27 The Arts Council of the Blue Ridge 3/1/02 3/1/02 0203-27 2/1/02 5/1/02 28 Old Dominion Fraternal Order of Police Lodge 2/25/02 2/26/02 0203-28 3/1/02 6/1/02 #1 29 Northwest Child Development Center 2/28/02 2/28/02 0203-29 3/1/02 6/1/02 30 Apple Ridge Farm, Inc. 2/28/02 3/1/02 0203-30 3/1/02 6/1/02 31 Blue Ridge Zoological Society/Mill Mountain 2/28/02 3/1/02 0203-31 2/1/02 5/1/02 Zoo 32 Goodwill Industries of the Valleys, Inc. 2/28/02 3/1/02 0203-32 3/1/02 6/1/02 33 Roanoke Symphony Society 3/6/02 3/6/02 0203-33 2/17/02 5/17/02 34 The River Foundation, Inc. (Virginia's Explore 3/6/02 3/7/02 0203-34 2/1/5/02 5/15/02 Park) 35 Family Service of Roanoke Valley 3/1/02 3/4/02 0203-35 3/1/02 6/1/02 36 Art Museum of Western Virginia 3/8/02 3/8/02 0203-36 3/8/02 6/8/02 37 Western Virginia Foundation for the Arts and 3/8/02 3/8/02 0203-37 3/1/02 6/1/02 Sciences, t/a Center in the Square 38 Harrison Museum of African American Culture 3/11/02 3/11/02 0203-38 3/11/02 6/30/02 39 Science Museum of Western Virginia 3/5/02 3/6/02 0203-39 3/1/02 6/1/02 40 Conflict Resolution Center, Inc. 3/6/02 3/12/02 0203-40 3/5/02 6/5/02 41 Roanoke Valley Interfaith Hospitality Network 3/4/02 3/12/02 0203-41 3/1/02 6/1/02 42 Big Brothers Big Sisters of Roanoke Valley, 3/4/02 3/12/02 0203-42 3/1/02 6/1/02 Inc. 43 Virginia Museum of Transportation, Inc. 3/11/02 3/15/02 0203-43 4/1/02 7/1/02 44 LO^ Area Agency of Aging 3/12/02 3/15/02 0203-44 3/1/02 6/18/02 45 Knights of Columbus Council 562- Kovar 3/13/02 3/15/02 0203-45 3/30/02 6/30/02 46 Roanoke Adolescent Health Partnership 3/14/02 3/21/02 0203-46 3/18/02 6/18/02 47 Roanoke Valley Sister Cities, Inc. 3/12/02 3/21/02 0203-47 3/18/02 6/18/02 48 Bethany Hall, Inc. 3/20/02 3/21/02 0203-48 4/1/02 7/1/02 49 National Conference for Community and 3/18/02 3/21/02 0203-49 3/15/02 6/15/02 Justice - Roanoke 50 Disabled Americans Veterans Roanoke Valley 3/20/02 3/21/02 0203-50 3/1/02 6/1/02 Chapter Combining Chapters Nos. 14 & 3 of Virginia, Inc., TA DAV Thrift Store 51 Roanoke Ballet Theater, Inc. 3/25/02 4/1/02 0203-51 3/13/02 6/13/02 52 ^lzheimer's Association/Roanoke Region, 4/4/02 4/10/02 0203-52 4/1/02 7/1/02 Central & Western VA Chapter 53 Downtown Music Lab 4/3/02 4/10/02 0203-53 5/1/02 8/1/02 54 Roanoke Foundation for Downtown, Inc. 4/11/02 4/15/02 0203-54 5/1/02 8/1/02 55 Roanoke Valley SPCA 4/25/02 4/26/02 0203-55 5/1/02 8/1/02 56 Villi Mountain Playhouse, dba Mill Mountain 4/23/02 4/26/02 0203-56 5/1/01 8/1/02 Theatre 57 Mountain House Clubhouse, Inc. 4/25/02 4/26/02 0203-57 5/1/02 8/1/02 58 Blue Ridge Zoological Society/Mill Mountain 4/1892 4/23/02 0203-58 5/1/02 8/1/02 Zoo 59 Crisis Pregnancy Center of the Roanoke 5/2/02 5/02/02 0203-59 5/3/02 5/4/02 Valley 60 Start of Summer Festival 4/25/02 5/1/02 0203-60 4/15/02 5/15/02 61 Youth on Wheels 5/15/02 5/15/02 0203-61 5/18/02 5/18/02 62 Virginia Skyline Girl Scout Council, Inc. 5/8/02 5/9/02 0203-62 5/1/02 8/1/02 63 Arthritis Foundation, VA Chapter 5/8/02 5/9/02 0203-63 5/1/02 8/1/02 64 Western Virginia Foundation for the Arts and 5/22/02 5/29/02 0203-64 6/1/02 9/1/02 Sciences, t/a Center in the Square 65 Prevent Child Abuse Roanoke Valley 5/20/02 5/22/02 0203-65 5/1/02 8/1/02 66 Roanoke Symphony Society 5/20/02 5/21/02 0203-66 5/18/02 8/18/02 67 Old Dominion Fraternal Order of Police Lodge 5/21/02 5/31/02 0203-67 6/1/02 9/1/02 #1 68 Sokhoeum Im- Southwestern Company 6/6/02 6/6/02 0203-68 6/6/02 8/24/02 69 Greater Prayer Temple 6/3/02 6/07/02 0203-69 6/08/02 9/08/02 70 Roanoke Adolescent Health Partnership 6/18/02 6/21/02 0203-70 6/24/02 9/24/02 71 Roanoke Valley Shrine Club of Kazim Temple 6/5/02 6/7/02 0203-71 7/1/02 10/1/02 72 Alzheimer's Association - Roanoke Region 6/10/02 6/13/02 0203-72 6/1/02 9/1/02 73 The Arts Council of the Blue Ridge 5/30/02 6/3/02 0203-73 6/1/02 9/1/02 74 Disabled American Veterans-Roanoke Valley 6/4/02 6/10/02 0203-74 6/1/02 9/1/02 Chapter Combining Chapters Nos. 14 & 3 of Virginia, Inc. TA DAV Thrift Store 75 Northwest Child Development Center 6/12/02 6/14/02 0203-75 6/1/02 9/1/02 76 Roanoke Festival in the Park 6/19/02 6/24/02 0203-76 6/1/02 9/1/02 77 Roanoke Area Ministries 5/15/02 7/4/02 0203-77 6/1/02 9/1/02 78 Literacy Volunteers of America - Roanoke 5/15/02 7/4/02 0203-78 5/24/02 8/24/02 Valley 79 United Way of Roanoke Valley 6/27/02 7/2/02 0203-79 8/1/02 12/31/02 80 Blue Ridge Independent Living Center 7/3/02 7/8/02 0203-80 6/1/02 9/1/02 81 Roanoke Area Ministries 7/8/02 7/12/02 0203-81 6/1/02 9/1/02 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Chumh Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 8:53-2541 Fax: (540) 853-1145 E-mail: clerk~ci.manoke.va, us October 18, 2002 File #166-169 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Mr. and Mrs. John S. Edwards 3745 Forest Road, S. W. Roanoke, Virginia 24015 Dear Mr. and Mrs. Edwards: I am enclosing two copies of Ordinance No. 36104-101502 granting a conditional permit to allow for the encroachment of a basketball goal aPproximately three feet into the public right-of-way in front of property located at 3745 Forest Road, S. W., and bearing Official Tax No. 1390514; designating a play area pursuant to provisions of §46.2-932.A, Code of Virginia (1950), as amended, upon certain terms and conditions; repealing Ordinance No. 35959-070102; and dispensing with the second reading by title of this ordinance. Please note provisions regarding ordinance recordation on page 2. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, October 15, 2002, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure pc: Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Philip C. Schirmer, City Engineer Glenn A. Asher, Risk Management Officer H:XAgenda.02\October 15, 2002 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 2002. No. 36104-101502. AN ORDINANCE granting a conditional permit to allow for the encroachment of a basketball goal approximately three feet into the public right-of-way in front of the property located at 3745 Forest Road, S. W., and bearing Official Tax No. 1390514; designating a play area pursuant to the provisions of §46.2-932.A, Code of Virginia (1950), as amended, upon certain terms and conditions; repealing Ordinance No. 35959-070102; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Permission is hereby granted the current owners, John S. and Catherine D. Edwards ("Permittee") and their grantees, assignees, or successors in interest, of the property bearing Official Tax No. 1390514, otherwise known as 3745 Forest Road, S. W., within the City of Roanoke, to permit an encroachment of a basketball goal approximately three feet into the public right-of-way of Forest Road, S. W., as more fully described in a report of the City Manager dated July 1, 2002. 2. Such license, granted pursuant to §15.2-2011, Code of Virginia (1950), as amended, shall be revocable at the pleasure of the Council of the City of Roanoke and subject to all the limitations contained in the aforesaid §15.2-2011. 3. It shall be agreed by the Permittee that, in maintaining such encroachment, the Permittee and their grantees, assignees, or successors in interest shall agree to indemnify and save harmless the City of Roanoke, its officials, officers and employees from all claims for injuries or damages to persons or property that may arise by reason of the above-described encroachment in the public right-of-way. 4. Pursuant to the provisions of §46.2-932.A, Code of Virginia, the following described portion of Forest Road is hereby designated as a play area, provided that such use is limited to daylight hours and a minimum of four temporary traffic cones shall be in place delineating the play area from adjacent right-of-way while in use as a play area: Beginning on a point at the location of the basketball goal, extending with a radius of thirty feet within the right-of-way of Forest Road, S. W., and terminating at the property line of Official Tax No. 1390514. 5. The City Clerk shall transmit an attested copy of this ordinance to John S. and Catherine D. Edwards, 3745 Forest Road, S. W., Roanoke, Virginia 24015. 6. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, and acknowledged by John S. and Catherine D. Edwards has been admitted to record, at the cost of the Permittee, in the Office of the Clerk of the Circuit Court of the City of Roanoke. 7. Ordinance No. 35959-070102, adopted July 1, 2002, is hereby repealed. 8. Pursuant to § 12 of the Roanoke City Charter, the second reading by title of this ordinance is hereby dispensed with. ATTEST: City Clerk. ACCEPTED and EXECUTED by the undersigned this ,2002. day of John S. Edwards Catherine D. Edwards COMMONWEALTH OF VIRGINIA § § To-Wit: CITY OF ROANOKE § this The foregoing instrument was acknowledged before me in my jurisdiction aforesaid ~ day of ,2002, by John S. Edwards and Catherine D. Edwards. My Commission expires: Notary Public H:XMEAS URES\O-ENCROBASKETBALLEDWARDS.2.DOC WILLIAM M. HACKWORTH CITY ATTORNEy CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 540-853-2431 FAX: 540-853-1221 EMAIL: cityatty@ci.roanoke.va.us October 15, 2002 ELIZABETH K. DILLON STEVEN J. TALEVI GARY E. TEGENKAMP DAVID L. COLLINS HEATHER P. FERGUSON ASSISTANT CITY ATTORNEYS The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Encroachment Dear Mayor Smith and Members of Council: On July 1, 2002, Council adopted Ordinance No. 35959-070192, a copy of which is attached, permitting the owners of property at 3745 Forest Road, S. W., to continue the encroachment of a basketball goal into City right-of-way, and also designating a portion of Forest Road as a play area, provided that such use is limited to daylight hours and a minimum of four temporary traffic cones be put in place delineating the play area when in use. The ordinance requires the owners to indemnify and hold harmless the City, and to obtain liability insurance with the City as an additional insured. The owners report that after several weeks of effort, they were unable to have their homeowner's insurance company, issue the required insurance. The company apparently was not willing to take on the risk of underwriting this insurance because it involved children playing in a street, even with the safeguards required by the City. Glenn Asher, the City's Risk Manager, also checked into having this coverage added to the City's insurance (it would have been paid for by the owner) but was unsuccessful. As matters stand, the owners are unable to obtain the insurance required by the terms of Ordinance No. 35959-070102. The City's options include revoking the encroachment permit, or deleting the insurance requirement (in which event, the City would still be indemnified and held harmless by the owners). Mr. Asher has considered this, and believes that, with the restrictions on play set out in the ordinance, deleting the insurance requirement would be acceptable from a risk management perspective, since the risk would not be greater than block parties, etc., which the City permits on City rights-of-way without requiring insurance. Should Council desire to delete the insurance requirement, I have attached for your consideration an ordinance which would accomplish this. The Honorable Mayor and Members of City Council October 15, 2002 Page 2 While the City has routinely granted permits for encroachments onto City property for a variety of things and insurance has been routinely posted for these, this instance is the only one of which I am aware where, in addition to permitting an encroachment, a "play area" has also been designated, so we have not been provided insurance previously for such a use (and, as Mr. Asher notes, we do not require insurance for somewhat similar uses of City fight-of-way). Please let me know if you have any questions about this matter. With kindest personal regards, I am Sincerely yours, WMH:f Attachment cc: John S. Edwards, Esquire Darlene L. Burcham, City Manager Philip C. Schirmer, City Engineer Glenn A. Asher, Risk Management Officer William M. Hackworth City Attorney H:\COUNCIL\l-hmencroachbasketball.2.doc CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk October 18, 2002 File #60-467 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 36105-101502 amending and reordaining certain sections of the 2002-03 School and School Food Services Funds Appropriations, providing for appropriation of funds to various school accounts, in connection with the Capital Maintenance and Equipment Replacement Fund, Drug Free Schools Program, and Technology-Based Wellness Program; and dispensing with the second reading by title of this ordinance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, October 15, 2002, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Gloria P. Manns, Chair, Roanoke City School Board, 1727 Staunton Avenue, N. W., Roanoke, Virginia 24017 Darlene L. Burcham, City Manager Cindy H. Lee, Clerk, Roanoke City School Board Barry L. Key, Director, Office of Management and Budget H53.genda.02\October 15, 2002 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of October, 2002. No. 36105-101502. AN ORDINANCE to amend and reordain certain sections of the 2002-2003 School and School Food Services Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 School and School Fund Services Funds Appropriations be, and the same are hereby, amended and reordained to read as follows, in part: SchoolFund Appropriations Education Technology-Based Wellness Program 2002-03 (1-5) .............................. Drug Free Schools 2002-03 (6-12) .......................................................... Facilities (13-16) ...................................................................................... Revenues $146,258,988 295,180 40,230 2,088,566 Education Technology-Based Wellness Program 2002-03 (17) ............................... Drug Free Schools 2002-03 (18) ............................................................. $143,623,800 295,180 40,230 Fund Balance Reserved for CMERP- Schools (19) ........................................................ $ 2,088,606 School Food Services Fund ADDrol~riations Education Facilities (20) ........................................................................................... Fund Balance $ 4,539,937 14,446 Fund Balance - Unappropriated (21) ........................................................ $ 277,958 1 ) Indirect Costs (030-062-6332-6106-0212) 3,500 2) Technical Support and Warranty (030-062-6332-6106-0313) 20,880 3) Supplies (030-062-6332-6106-0614) 111,080 4) Other Expenses (030-062-6332-6106-0615) 3,880 5) Equipment (030-062-6332-6106-0821 ) 155,840 6) Counselor (030-063-6844-6306-0123) 13,000 7) Social Security (030-063-6844-6306-0201) 995 8) Retirement (030-063-6844-6306-0202) 1,235 9) Health Insurance (030-063-6844-6306-0204) 1,000 10) Contracted Services (030-063-6844-6306-0313) 14,000 11) Travel (030-063-6844-6306-0551) 5,000 12) Supplies (030-063-6844-6306-0614) 5,000 13) State Retirement (030-065-6006-6302-0806) 168,449 14) Health Insurance (030-065-6006-6683-0824) 36,995 15) Indirect Costs (030-065-6006-6896-0829) 8,544 16) Contracted Services (030-065-6006-6896-0851) 226,970 17) Federal Grant Receipts (030-062-6332-1102) 295,180 18) Federal Grant Receipts (030-063-6844-1102) 40,230 19) Reserved for CMERP- Schools (030-3324) (440,958) 20) Food Service Equipment (032-065-6006-6788-0821) 3,385 21) Fund Balance - Unappropriated (032-3325) (3,385) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. JESSE A. HALL Director of Finance email: jesse_hall~ci.roanoke.va.us October 15, 2002 CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Room 461 P.O. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-6142 ANN H. SHAWVER Deputy Director email: ann_shawver~ci.roanoke.va.us The Honorable Ralph K. Smith, Mayor The Honorable C. Nelson Harris, Vice Mayor The Honorable William D. Bestpitch, Council Member The Honorable William H. Carder, Council Member The Honorable M. Rupert Cutler, Council Member The Honorable Alfred T. Dowe, Jr., Council Member The Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: We have reviewed the attached request to appropriate funding for the School Board. This report will appropriate the following: $444,343.00 from the Capital Maintenance and Equipment Replacement Fund. The monies will be used to fund instructional technology equipment, the replacement of vehicles, facility improvements for handicap access, and the Schools' share of the construction costs for the new transportation facility. $40,230.00 for the Drug Free Schools program. The monies will provide for one student assistance counselor at the secondary level to work with substance abuse issues. This continuing program will be reimbursed one hundred percent by federal funds. $295,180.00 for the Technology-Based Wellness program. The monies will provide a comprehensive, technology-based wellness program in all secondary grades to revitalize student interest in health and physical education, develop knowledge and skills required for life-long wellness, and improve student performance on national and state physical education tests. This new program will be reimbursed one hundred percent by federal funds. Honorable Mayor and Members of City Council October 15, 2002 Page 2 I recommend that you concur with this report of the School Board. Sincerely, Jesse A. Hall Director of Finance JAH/ctg C~ Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Mary F. Parker, City Clerk E. Wayne Harris, Superintendent of City Schools Dke Gloria P. Manns, Chairman Ruth C. Wiilson, Vice Chairman F. B. Webster Day Marsha W. Ellison William H. Lindsey Melinda J. Payne Robert J. Sparrow E. Wayne Harris, Ed.D., Superintendent Cindy H. Lee, Clerk of the Board CJ~ School BoQrcl P.O. Box 13145, Roanoke, Virginia 24031 · 540-853-2381 · Fax: 540-853-2951 October 15, 2002 The Honorable Ralph K. Smith, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As the result of official School Board action at its October 8 meeting, the Board respectfully requests City Council to approve the following appropriations: · $444,343.00 from the Capital Maintenance and Equipment Replacement Fund. The monies will be used to fund instructional technology equipment, the replacement of vehicles, facility improvements for handicap access, and the Schools' share of the construction costs for the new transportation facility. · $40,230.00 for the Drug Free Schools program. The monies will provide for one student assistance counselor at the secondary level to work with substance abuse issues. This continuing program will be reimbursed one hundred percent by federal funds. · $295,:[80.00 for the Technology-Based Wellness program. The monies will provide a comprehensive, technology-based wellness program in all secondary grades to revitalize student interest in health and physical education, develop knowledge and skills required for life-long wellness, and improve student performance on national and state physical education tests. This new program will be reimbursed one hundred percent by federal funds. Preparing Students for Success Members of Council Page 2 October 15, 2002 re The School Board appreciates your approval of this request. Sincerely, Cindy H. Lee, Clerk CC: Mrs. Gloria P. Manns Dr. E. Wayne Harris Mr. Richard L. Kelley Mr. Kenneth F. Mundy Mr. William L. Murray Mrs. Darlene Burcham Mri William M. Hackworth Mr. Jesse A. Hall Mrs. Ann H. Shawver (with accounting details) MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk~ci.roanok¢.va, us Oct°ber 18, 2002 File #15-110-207 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Mr. Dennis R. Cronk 3278 Avenham Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Cronk: I am enclosing copy of Resolution No. 36106-101502 reappointing you as a Director of the Industrial Development Authority of the City of Roanoke, for a term of four years commencing October 21,2002, and ending October 20, 2006. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, October 15, 2002. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am also enclosing copy of the Virginia Freedom of Information Act. H:~kgenda.02\October 15, 2002 correspondence.wpd Mr. Dennis R. Cronk October 18, 2002 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue your service to the City of Roanoke as a Director of the Industrial Development Authority. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosures pc: Margaret R. Baker, Secretary, Industrial Development Authority of the City of Roanoke, 2140 Windsor Avenue, S. W., Roanoke, Virginia 24015 Stephanie M. Moon, Deputy City Clerk HSAgenda.02\October 15, 2002 correspondence.wpd COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk 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 fifteenth day of October, 2002, DENNIS R. CRONK was reappointed as a Director of the Industrial Development Authority of the City of Roanoke, for a term of four years commencing October 21,2002, and ending October 20, 2006. Given under my hand and the Seal of the City of Roanoke this eighteenth day of October, 2002. City Clerk H:XAgenda.02\October 15, 2002 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 2002. No. 36106-101502. A RESOLUTION reappointing a Director of the Industrial Development Authority of the City of Roanoke, to fill a four (4) year term on the Board of Directors. WHEREAS, the Council is advised that the term of office of Dennis R. Cronk, a Director of the Industrial Development Authority of the City of Roanoke, Virginia, will expire on October 20, 2002; WHEREAS, {}15.2-4904, Code of Virginia (1950), as amended, provides that appointments made by the governing body of such Directors shall, after initial appointment, be made for terms of four (4) years, except appointments to fill vacancies which shall be for the unexpired terms; and THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Dennis R. Cronk is hereby reappointed as a Director on the Board of Directors of the Industrial Development Authority of the City of Roanoke, Virginia, for a term of four (4) years commencing on October 21, 2002, and expiring on October 20, 2006, to fill a vacancy created by the expiration of the term of office of said member on the Board occurring on October 20, 2001. ATTEST: City Clerk. M.\IM I: ARI IR Pg\r-ldacronk. 1 .doc MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clcrk(~ci.roanokc.va, us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk October 18, 2002 File #15-110-207 Mr. Stark H. Jones 2225 Mercer Avenue, N. VV. Roanoke, Virginia 24017 Dear Mr. Jones: I am enclosing copy of Resolution No. 36107-101502 reappointing you as a Director of the Industrial Development Authority of the City of Roanoke, for a term of four years commencing October 21,2002, and ending October 20, 2006. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, October 15, 2002. EncloSed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. H:~Agenda.02\October 15, 2002 correspondence.wpd Mr. Stark H. Jones October 18, 2002 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue your service to the City of Roanoke as a Director of the Industrial Development Authority. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosures pc: Margaret R. Baker, Secretary, Industrial Development Authority, 2140 Windsor Avenue, S. W., Roanoke, Virginia 24015 Stephanie M. Moon, Deputy City Clerk H:L~.genda.02\October 15, 2002 correspondence.wpd COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk 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 fifteenth day of October, 2002, STARK H. JONES was reappointed as a Director of the Industrial Development Authority of the City of Roanoke, for a term of four years commencing October 21, 2002, and ending October 20, 2006. Given under my hand and the Seal of the City of Roanoke this eighteenth day of October, 2002. City Clerk H:~Agenda.02\October 15, 2002 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 2002. No. 36107-101502. A RESOLUTION reappointing a Director of the Industrial Develppment Authority of the City of Roanoke, to fill a four (4) year term on the Board of Directors. WHEREAS, the Council is advised that the term of office of Stark H. Jones, a Director of the Industrial Development Authority of the City of Roanoke, Virginia, will expire on October 20, 2002; WHEREAS, {}15.2-4904, Code of Virginia (1950), as amended, provides that appointments made by the governing body of such Directors shall, after initial appointment, be made for terms of four (4) years, except appointments to fill vacancies which shall be for the unexpired terms; and THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Stark H. Jones is hereby reappointed as a Director on the Board of Directors of the Industrial Development Authority of the City of Roanoke, Virginia, for a term of four (4) years commencing on October 21, 2002, and expiring on October 20, 2006, to fill a vacancy created by the expiration of the term of office of said member on the Board occurring on October 20, 2001. ATTEST: City Clerk. I:\ClerkSOctober 15h'-idajones.l .doc INTERDEPARTMENTAL MEMO OFFICE OF THE CITY MANAGER DATE: TO: FROM: SUBJECT: October 15, 2002 Mayor Smith and Members of City Council Darlene L. Burcham Wildlife Task Force Attached you will find a copy of a letter that was sent to the Wildlife Task Force members. We have asked them to reconvene and produce supporting statistics. I would like City Council to suggest several Wildlife Task Force members to replace the ones that resigned. Please send recommendations to Rolanda Johnson by Friday October 18, 2002 so that we can go forward and have the task force give recommendations prior to the end of this year. DLB:sm CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com October 8, 2002 Olin R. Melchionna Jr. 310 Robin Hood Rd. S. E. Roanoke, VA 24014 Dear Mr. Melchionna: Thank you for giving your time, effort and energy to participate in the Wildlife Taskforce. We realize that the subject matter may have been a challenge to you but your willingness to undertake this assignment is most appreciated. The Task Force report now has been reviewed and we offer the following response: Electric fence ordinance - The Planning Building and Development Department has been asked to explore all options regarding the use of electric fences in specific areas of our city, especially as it pertains to wildlife. An ordinance making it unlawful to feed wild animals - While the thought and content is excellent, the enforcement and prosecution of such an ordinance would be cost prohibitive in both funding and staff resources. It is our hope that through education, the increased awareness of problems associated with feeding wildlife will be recognized. Extensive Education Program - This is an excellent plan that we are immediately addressing. I will assign this project jointly to the Housing & Neighborhood Services Department and Police Department to design and implement a city wide educational program for wildlife. This program will be for both small wildlife and deer. We will solicit neighborhood organizations, schools, and other groups to partner with us in implementing this program. Sufficient staff and resources to deal with wildlife management program - While the city has not determined the amount of funds required to take the lead in such a program, we look forward to creating partnerships with our citizens through their neighborhood organizations or through individual efforts to address the issues of wildlife as it pertains to the health and safety of all citizens. Request Assistance from the Virginia Department of Game and Inland Fisheries (VDGIF) provide assistance ~ One idea is that we ask for assistance in the coordination of the hunting season. We are in the process of researching that issue and look forward to requesting any necessary assistance from our legislative group this fall. We recognize that this is a regional environmental issue. Culling the deer herd - This program will require more research on the part of the committee. Before we undertake such a program, it is vital for us to be able to document the correlation between health and safety factors vs the increasing number of deer. We agree with your recommendation that education is the key to addressing the issues of wildlife in our city. While the taskforce was able to recommend several great options on this important issue, we feel that additional work should be accomplished linking wildlife complaints with statistical data to verify the impact on the community including the health and safety factors as not shown. Therefore, we are requesting that the committee reconvene with the task of producing the statistics that will further support your claim of the significant deer problem in the city ( i.e accident reports, health reports, property loss/damage, complaints, and other incidents). I trust that you will be able to continue to serve on this Taskforce. You will be notified by mail of the date of the October meeting. Again, thank you for your time, hard work and patience and we look forward to the additional information from the committee. Sincerely, Darlene L. Burch~m City Manager C~ Members of Wildlife Task Force Rolanda Johnson, Assistant City Manager for Community Development Mike Quesenberry, Roanoke City Police Department Dolores Daniels, Housing & Neighborhood Services Department Capt. Bill Althoff, City of Roanoke Police Department 1418 Craig Robertson Road Roanoke VA 24014 SEP 2002 CI'IY MANAIiER'$ OFFICI:I August 30, 2002 Dear Ms. Burcham, Please consider the attached as a Minority Report of the Wildlife Task Force Committee. I was unable, prevented by my co-chair's lack of cooperation, to attach this report to the Wildlife Task Force Committee Report. I have also attached Dr Parkhurst's comments and thoughts because I think they are not only pertinent, but vitally important to our process. I do not agree with Mr Melchionna's assessment of Dr Parkhurst's comments being "essentially ministerial in nature". Indeed, I believe Dr Parkhurst's comments go to the very core of this issues - especially his first comment. Thank you for the opportunity to serve on this committee.. Sincerely, (/-'" ~ /..-!...., .? ,, ti ,,/1 Deirdre J. Martin As co-chair of this Citizen's Task Force, ! have attended every meeting (including the public forum). As such, I am not satisfied that this committee has dealt with the issues thoroughly or appropriately nor with any sense of responsibility regarding the impact of the recommendations made. I respectfully submit the following: 1) Of the 7 members of the Task Force, only 3 have attended all the meetings. One member never attended any meetings and was .replaced with a member who only attended one meeting. One member only attended one meeting and sent a relative to the other meetings. 2) We have not had enough public input from stakeholders in this process: One public forum with 55 attendees is not adequate to gauge public concern regarding this issue in a city with almost 100,000 resident stakeholders. 3 3) While the overwhelming majority of our meetings have been to educate the committee members on options, we have not come together to make recommendations which we can all support. We have not addressed such crucial issues as: a) Defining the objective of a Deer Management Program (DMP). b) The cost of implementation of any DMP, including who will bear the burden of those costs. c) The public relations aspect of a DMP which is made up pdmadly of lethal means. 4)No objective evidence has been put forth indicating we are at or above biological carrying capacity, nor have we been shown any evidence indicating that we have a "deer problem". Rather, the information at hand suggests only that there is a small group of individuals who have a problem with deer in their yards. 5) Data we have been given cites the following: a) There 'is NO increase in the instance of Lyme Disease in the city in the last 4 years. (See Attachment 2) 4 b) Less than 1% of the calls city Animal Control Officers answer involve deer. (Statistic provided by Officer Mike Quesenberry, Roanoke City Animal Control.) c) It is unknown whether vehicle/deer encounters are on the rise as no one has kept statistics on that crucial objective piece of information. Point of Reference: According to Tom Wine (DGIF), Lynchburg's deer management program was based wholly on that statistic. 6) Dr James Parkhurst (DGIF) made two recommendations viewed as crucial to any deer management program: a) STUDY THE PROBLEM: "Develop a plan based on sound scientific evidence." b) USE AN APPROPRIATE STRATEGY: "Apply a VIPM (vertebrate integrated pest management protocol), defined as "A hierarchical decision-making process that seeks to resolve conflicts with the level of response appropriate to the immediate need: start simple, cheap; increase intensity & cost; use only as much effort as truly required to resolve the situation (i.e. don't start with lethal options)" 5 7) We have not explored the backlash of implementing a lethal option in regard to eliminating deer. Having failed to do so, I fear the voters in the city will not tolerate any DMP which: a) Is not based on sound objective evidence of the true scope & magnitude of the problem b) Costs the taxpayers money c) Allows lethal methods of deer population control in the city including hunting in neighborhoods by means of gun or bow by either trained professionals or individuals under a permit structure. I believe that this committee has failed at all tasks it has been charged with save one: We have become educated about the CAUSES of urban deer problems. We have not come to any comprehensive realistic thoughtful SOLUTIONS regarding the issue. As a group, we have not formed any objective deer management plan nor will we be able to do so until all members are satisfied there is empirical evidence indicating the true scope and magnitude of the issue. " ........... ResR.e~tfu!~y~~ Deirdr6~ M~i~n' Co-Chair , City of Roanoke Wildlife Task Force Committee 6 ~Hu~-,~,, uum ~ lOCal vernin D .---p- ~,..uvm~,.~. i=l ~RTt'[erl · ..go. g oay to the Department will · · · cilizen's task f~e~CTF)"~.'~'' '~' "cmpman~m respo~ilies and duties relaled ...... to' - Methodology Suggested Approach ies' uired ' ·'--r'"--""" _""J~y~__V~ uno me Bent ~ _ ~ _ req to achmve lhe ~.lal~n ,,~d._~_ . ~J.~ ..... _~ma~age_ _a. evemp a ,me Frae for implemenlalfoe of~"~m~"--J~'~- ? ~=umona,y. me c; I F should parli pons~ble for ~mplementalion of the recomme ' and adentify ,,y Kenomem, not to include government ~~ be included. ¢~ rep . shouU represent each 1. Allow nature to lake-ils course (status quo) 2. Trap and bansfer '- ' --.: 3. Al~alement techniques (fencing an~! repellents) .. 4. Fertility control .,-'. s. Lethal ' 1. lncrense Population 2. Sta~e Populalion 3. Decrease PopulaUon a.. ~,. o7# r~e~ II. Management Options I. Population Objectives .-~.u.....,, o,.~ oLumu~ [owams amerent docr management options, he current Management Options I ROANOKE-CITY- 2002 MONTHLY REPORTABLE DISEASES - FROM LOCAL REPORTS /UDS I 2 3 25 26 -31 22 52 2al 57 ~2 49 IBRUCELLOSIS I I 7 4 10 8 14 13i 12 19i 22 CHICKENPOX li I 6 6 11 2 20 31;, 18 CHI.AMYDIA 56 37i 93 497 426 382 465370395: 41013711425 E. COLI 0 3 1 GIAR~ 2 2 21 12 8 5 9 11; 29 331 16 GONORRHEA 47 19 66287 3242983543082552861.;393 HEPB. 1! I 2 4 I 5 12 11 5 1 HEP C 4 6 10 I 4 0 4 HEPVIRAL -, HIV 01 24 21 19 8 36 37, 36 ~341 31 KAWASK! 0t , 2 11 I 1; 2 LEAD INCHILDREN I I 22 19 18 27 45551 55 45! LYME ' 0 i 11 I 2 1! 4 ,~'~iuAl_ Bn'E~ 18 15i , 333o51 3o0 200.tm 268 1 29413°3i N~IIB~M. BITETX I 0 15 21 23 O 5 101 4 RKY MTSP FEV i 0 2 ,~Dd. JI~IC)N~ 41 I i t 4! 8t 17 12 12 9 32t 25 38i 26 SHIGELLOSISj I 0: 12 117 0 63 15! 3 Ol 3 STREP. AJNVASIVE 2 SYPHIUS. ERRLY I } 0 I 7 3 5 5i 19 12:? '8 SYPHIUS, OTHER TUBERCULOSIS YP_RSINEO,~S 78, 6'~ ,to7lOO 57 CDROANOKECrI'Y20I)2 , ' *COF~:~EC'rEJ:) FROM 4 ON :b-"'T'AI'IE FUEPORT WILDLIFE TASK FORCE COMMITTEE OLIN R. MELCHIONNA, JR., CO-CHAIRMAN P.O. Box 90 Roanoke, Virginia 24002 August 27, 2002 Ms. Deirdre Martin 1418 Craig Robertson Road SE Roanoke, VA 24014 Dear Deirdre: I have gone through each of Dr. Parkhurst's comments, aH of which are essentially ministerial in nature, and, accordingly, made the modifications which have been approved by all Committee members, with the exception of you. I have tried to contact you, but was unable to. Accordingly, enclosed is a copy of the report for your review and comment. Very truly yours, Olin R. Melchionna, Jr., Co-Chairman Enclosure G:\W~MELCHIONk052001a~dmarfinwildlifetaskforce082702.doctlbm VIRGINIA POLYTECHNIC INSTITUTE College of Nam~l Resources AND STATE UNIVERSfTY Mail Code 0321, Blacksbur~ Virginia 24061 (540) 231-$573 F~y~ (540)231-7580 21 August 2002 Olin R, Melchionna, Jr. P. O. Box 90 Roanoke, VA 24002 D~ar Olin: I have reviewed the draft Roanoke Wildlife Task Force Committee document that you provided and offer the following comments and thoughts for your committee to consider before passing the report on to City Council. I will refer directly to passages as you have them enumerated to assist you in following along with my comments. Page 1, i~4, .t~ __ Based upon thc limited time that I was able to meet with your group, I still d° not feel comfortable that the City has, with a clear preponderance of the evidence, established that "... an increase in complaints about deer..." truly has been documented and, even if that were tree, that there is a corresponding positive relationship between complaints and ve~flable economic or personal health and safety problems. If Mike's office has data (e.g., validated phone call logs, animal control Site visits or requests for assistance, deer-vehicle accident data, insurance claims requests, etc.) that truly illustrate an increase in complaints over time and that these are linked to economic impacts, then your statement, as written, has merit. However, if you are proceeding on the perceived notion that this is an increasing problem, yet you have nothing lo bring to bear by way of hard data, you stand to have the integrity of the committee's work called into question, you could be accused of reacting to emotional outpourings, and that you are recommending actions targeted simply at nui~ances rather than tree problem~ Simply stating that we have more deer within City limits (which undoubtedly is tree) does not necessarily equate to an increase in problems. As I had noted in my talks, in these situations, there is a need to clearly define the problem and prove what that problem is. Given what I have seen in commtmities elsewhere in the Commonwealth, I suspect that your stated premise probably is accurate, but it has yet to be validated sufficiently with you have such I would you it an to your committee report. I would be cautious about relying too heavily on Jason's data as thi-~may-nottrl~JX~point to an actual increase either. His is a relativel]ne-w business one that still is growing and gaining recoEnition wCithlr~ the community. Thus, an apparent increase in his numbers may be a reflection more of the success of his a,.d_ye!~ti~ing, an increased awareness within, the.co.~nity-th-ar-g/i~li a service now is available, or. a heightened awareness of the public and'~iO}~li-~Si~n ~0ng' f~idents A Land-Grant University--- The Commonwealth Is Our Carnpu~ An Equal Opportunity/Affirmative Action Institution brought about by greater attention given this topic by the media rather than a tree increase in the severity of the problem. This is only one example of the kind of care needed when interpreting various types of data that may be called upon as "proof positive." If you can't boldly point to hard data, the City Council may be placed in a ' position of delaying some of your recommendations, namely the lethal programs, until such time as a case can be made to justify such actions. I guess I'm playing a bit of "devil's advocate" here, but it is done so to benefit the hard work of the Committee. 2. Page 1, #4, B. -- I would caution against using what some may believe are potentially exaggerated percentage numbers for population increase simply to make a more dramatic point. Although these percentages are possible in theory under a "no mortality, no move_m~_t~'~.populafiOn' m6d~l~ th~Yi~tot~l~I~-~_--'~_~ti__'c for the City of Roanoke. Cyranted, there'lihs been no .legath~~-~ city limit~-~"~y-~'[~-t~t-~oes not mean that some "take" of deer has not occurred. Additionally, even though predation loss is much less than had occurred well in the past, it is not completely absent today, particularly with existing feral dogs and the continuing expansion of our local coyote population. There also are a number of other demographic (e.g., immigration/ emigration, dispersal), physiological (e.g., natural mortality, age related decline in reproductive output), and population-based (e.g., disease, food [though not limiting yet]) factors that will act to dampen population expansion to a degree, the end result being that you never reach the theoretical rate of population increase that you indicate. I guess I would urge you to consider rewording the passage to reflect the notion that a population of deer in today's suburban environment has the capacity to double itserf each year in the absence of naturally occurring limiting factors, but that in all likelihood, the tree Oo pulation increase will be lower than that. Nevertheless, this still represents a potential r considerable population expansion and is an area for concern down the road. 3. Page 1,//4, C. -- I would recommend inserting the words "composition and" after "plant species" in the second line and remove the "," after "specie~s~ (thus, you end up with "...can alter plant species compOSition and abundance, and reduce ..."). Additionally, I would suggest that you consider replacing "healthy" in the last sentence with "robust, multi-layered vegetative structure.~ Because health can be defined many different ways, I'm concerned that you may not convey what you intend here. Also, the main point you are trying to emphasize here is loss of or decline in habitat value to other species and attributed to the degradation to the physical structure of the habitat that de~r can cause. 4. Page 2,//4, D. -- include the exact dates and locations of your public forums for _r~ ©-z~ additional clarity to the record. Also, I'd be careful with your in~i'p~-~-~f what people said at these meetings'or submitted in letters. What you received were complaints about perceived problems (your g 1% figure), yet these issues were not validated in any way nor were the speakers asked to do so. ffpeople felt compelled to say something to . make a point or because they believed that was what the Committee was looking for, they were free to do so. Hence, as I alluded to in (1.) above, you have indication ora situation, not a verified economic or personal health .~a!3....d_._s~f~tY. lxoblem (unless they actually prov---~ ed that information). Presence of deer or other animals does not necessarily equate to a problem with that anim~we~need to separate nuisance or ..intolerance from hue damage and investigate the real causative~factors underlying those feelings. _. e Page 2, g4, E. -- I would have to take rather strong exception to the wording of this statement, as it now stands. It currently reads, "...which make it impossible for the homeowner to take any actions to protect themselves from deer." (emphasis mine). Clearly, this is not tree, from the legal perspective. Homeowners are allowed to use a variety of acoustic and physical deterrents, repellents, and other behavioral modification techniques. This says nothing about the efficacy of these approaches and whether they will provide long-lasting relief from the symptoms of deer activity. Yet, the homeowner is not prohibited by regulations from trying. The various code restrictions cited are true and important concerns, but the degree to which the homeowner's hands are tied legally is not accurate. Page 2, Management Considerations, A. I would suggest emphasizing the broader issue of supplemental feeding in general, rather than to isolate on bird feeders, which, in general, really are minor attractions to deer in most instances. The broader issue of supplemental feeding also covers all the species of concern to City, not just deer. However, residents who are dispensing quantities of food specifically for deer (e.g., apples, cracked corn, deer pellets, etc.) are contributing to the overall situation' in their neighborhoods and this component does needs thorough examination. Page 2, Management Considerations, B. -- I suggest a rewording here. Consider replacing your first statement with the following: "~1 decision to 'let nature take its course' likely will allow the deer population to continue to grow and, over time, it will approach the upper threshoM of the habitat's capacity to support the herd, thus potentially jeopardizing the health and welfare of the deer population as well as the condition of the'habitat." This gets directly at the issue of biological carrying capacity, which we discussed. Further, the last part of your statement needs to be tempered a bit. Certainly, well in the past, deer herds were subject to the evolutionary pressures due to predation, but today's populations have not been exposed to such pressures (except of human predators) for well over a century and likely much longer. The most recent dramatic decline in the Commonwealth' s deer populations (in the mid-1800s to early 1900s) was due in large part to human-induced loss (i.e., over-hunting due to having no sea,on or bag limits, a market hunting economy, changes in or loss of habitat) and not to predators. Thus, I question whether the point you're trying make has real merit_ Given that deer are so adaptable and their behaviors are so plastic, particularly in the face of rapidly changing landscapes at the hand of humans, I'm not convinced the predation model is valid today. The real point to make is that communities are not going to want to go back to pre-colonial conditions and increase the number of large predatom as a solution to high deer numbers, as you already state in Section I. Natural predators, by themselves, simply are not capable of keeping today's urban deer herds in check anyway. Page 3, Management Considerations, C. I offer a subtle rewording to replace and clarify the Iast 2 sentences in this section. "Deer involved in trap and release programs can be subject to capture myopathy, a potentially fatal condition that develops post- release and is induced by the trauma and shock of capture, chemical immobilization, and handling. Mortality attributed to capture myopathy can run as high as 85%, but this is no t typical." Page 3, Management Considerations, D. -- Ap.roperly installed non-electric fence does no~Lt raqui~d__aily monitoring or frequent maintenance, at le~ number of ~ears. Electric fences, on the other hand, are more d~/fi~--d'~ and need frequent checking to be sure they are carrying the proper voltage and have not been subject to damage. I would suggest modifying the last statement somewhat, perhaps along the lines of "Fencing may provide relief from the damage caused by deer for individual landowners, but will do little to resolve the situation community- or city-wide." 10. Page 3, Management Considerations, E... The proper spelling referred to the concept being described in this section is "repellent," not "repellant.'' Also, I would not consider a deer population currently estimated to be at 50 - 60 deer per square mile to be a "low density." When viewed in the context of our current state-wide population, I would place such numbers well into in a "moderate" density classification, which is where we have found that repellents are stmceptible to losing efficacy over time. 11. Page 3, Management Considerations, F. Again~ if you base the discussion in this section on the density figures referred to in the preceding section, then reliance on plant selection as means to mitigate damage caused by deer will not be correct. Estimates of what constitutes a "low" density for deer, by most manager's definition, probably would ·" fall in the 20 - 30 deer per square mile range or less. 12. Page 3, Management Considerations, G. .. Although there is some truth to the fact that most bucks forego foraging during the peak of the mt, there is little physical evidence to show that deer are dying from starvation during the breeding period. In fact, the vast majority of young bucks will survive in relatively good condition, given the hierarchical nature of the breeding system. Only the dominant buck is succ~sft~ in breeding with receptive females in the harem he has defended; there are occasional "sniper" matings that occur by non-dominant males when the dominant buck is busy elsewhere, but it is the dominant individual that services the majority of does in the herd. Even under the reproductive scenarios where use of immunocontraception is being applied, we see little indication yet that bucks are "dropping like flies." There is little doubt that overall buck condition or health supers from a protracted or extended breeding season brought about by the chemical inhibition induced in females, but not to a sut~cient degree as to in~uence population numbers for males. Hence, relying upon starvation among bucks deprived of eating during the rut would be a poor management strategy, even where it might be evident. 13. Page 4, Management Considerations, J. Suggested'reWord of your third sentence: "The intent of any 'special take' deer reduction program authorized by the Department of Game and Inland Fisheries is to cull the deer herd to a level that is compatible with desired population management objectives, not to provide additional opportunity for recreationalpursuit of deer.'' Also, in llne 5, I suggest replacing "areas" with "communities" to reflect the nature of a planned, community-wide effort (there are certain exceptions, though, like the Radford Arsenal program, which are not communities). 14. Page 4, #5, A. m I would encourage the Committee to consider recommending that, as a requirement of any authorized use of electric fences, owners be required to prominently display highly visible warning signs on these devices. This often is a stipulation contained in electric fence ordinances elsewhere and strives to assure additional safety. 15. Page 5, #5, D. m you may want to cheek again with Jay Jeffreys, but there is a minor problem with this concept. Individuals employed by the City do not normally have authorization to handle "wild" animal situations unless they have been granted the necessary collection, possession, and disposition permits required by the Department of Game and Inland Fisheries (VDGIF). Simply adding new recruitment within the City's Animal Control force may not be a proper way to describe the intent here. These recruits will have to be individuals capable of receiving and maintaining the necessary permits plus the City must secure the state agency's "sign off' on allowing the City to assume greater responsibility for management and handling of wild animals, which now resides entirely with VIX3IF. I doubt there would be much problem in achieving that permission for most suburban nuisance species, but the VGDIF is likely to be reluctant to relinquish control on deer, bear, and other "big game" species. 16. Page 5, #5, E. m Given the current financial situation and recent past history, I believe stating any intent to secure financial assistance from VDGIF is pure folly. They may be willing to offer the services of their employees to assist setting up programs, but there is no money that I'm aware of within the agency to draw upon for a City-implemented management program. 17. Page 6, final paragraph -- you have suggested that any program developed by the City should be evaluated annually, which is sound practice. However, little indication of which aspects of the program need review and by what criteria such an assessment will be made are provided. If you have specific intentions or performance measures that you believe are essential to assess the success or failure of a program, those should be developed and stated at the outset, not after the program is up and running. This indicates that you have clear goals and objectives that will be guiding any such program that goes forward. I hope these comments are of value to the Committee. If you have questions, please feel free to contact me again. · Parkhurst, Ph.D. ate Professor, Wildlife-sciences MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk~ci.roanok¢.va, us October 18, 2002 File #51 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Robert B. Manetta, Chair City Planning Commission 2831 Stephenson Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Manetta: At a regular meeting of the Council of the City of Roanoke which was held on Tuesday, October 15, 2002, a joint public hearing by the City Council and the City Planning Commission was conducted on the request of the City Planning Commission with regard to an amendment to Sections 36.1-393, Standards for new construction, 36.1-403, Front yard requirements for infill developments, and 36.1-428, General standards, Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended, to provide standards for a new dwelling, a new accessory building, or an expansion of an existing dwelling in the ND, Neighborhood Design District overlay, to establish the depth of front yards, and to establish parking requirements in the ND District. On motion, duly seconded and adopted, the ordinance was tabled until the regular meeting of Council on Monday, November 4, 2002, at 2:00 p.m., or as soon thereafter as the matter may be heard. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Willard N. Claytor, Director, Real Estate Valuation Rolanda A. Johnson, Assistant City Manager for Community Development Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Building Commissioner Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney H:~,Agenda.02\October 15, 2002 correspondence.wpd Examples of Incompatible Infill Buildings · Setback too deep · Roof pitch too shallow · Lacks entry walk · Lacks roof overhangs · Porch too small · Entrance not covered (appears that side of house is facing the front) · Roof pitch too shallow · Awkward window arrangement and too much blank wall · Foundation height too shallow · Roof pitch too shallow (no roof lines) · Lacks roof overhangs · Should have two stories - scale problem is compounded by shallow roof pitch. · Foundation height too shallow · Blank wall facing street · No overhangs · Multiple entrances on front · 2 doors on front · Entrances not covered · Setback too deep · Shallow roof pitch · Completely blank walls on sides · Wooden stairs to sidewalk · Two front doors · No overhangs · Entrances not covered · Setback too deep · Building addresses side yard · Main entrances on side · Roof pitch too shallow · Entrances not covered CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540)853-1730 Fax: (540)853-1230 E-mail: planning~ci, roanoke, va.us Architectural Review Board Board of Zoning Appeals Planning Commission October 15, 2002 Mr. Robert B. Manetta, Chairman, Planning Commission Mr. Richard A. Rife, Vice Chairman, Planning Commission Mr. Gilbert E. Butler, Jr., Planning Commission Mr. S. Wayne Campbell, Planning Commission Mr. Kent D. Chrisman, Planning Commission Mr. Melvin L. Hill, Planning Commission Mr. Fredrick M. Williams, Planning Commission Honorable Ralph K. Smith, Mayor Honorable C. Nelson Harris, Vice Mayor, Honorable William D. Bestpitch, Council Member Honorable William H. Carder, Council Member Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Linda F. Wyatt, Council Member Dear Members of the Planning Commission and City Council: Subject: Proposed amendments to Zoning Ordinance: Article III. District Regulations, Division 5, Special District Regulations, Subdivision G. ND, Neighborhood Design District, Section 36.1-393, Standards for new construction, Article IV. Regulations, Division 1. Generally, Section 36.1-403, Front yard requirements for infill development, and Division 2, Off-Street Parking and Loading Requirements, Section 361-428, General standards~ Background: Incompatible infill housing in Roanoke's older neighborhoods has been a concern of residents for a number of years. Because architecture and design are not regulated through standard zoning, neighborhood leaders worked with City staff to request authorization from the General Assembly for an overlay zoning district to regulate the design of infill development. The subsequent Charter amendment authorized Roanoke to regulate design in the City's conservation, rehabilitation and redevelopment districts. In 1994, the Neighborhood Design District was adopted as part of the zoning ordinance. The purposes of the ND District are to: (1) encourage new buildings which are compatible with the existing scale and character of the surrounding neighborhood, (2) encourage the protection of existing neighborhoods and their physical characteristics and (3) encourage the revitalization of the area. ND District overlay zoning can be applied in the following neighborhoods: Melrose/Rugby, Loudon/Melrose, Harrison, Gilmer, Gainsboro, Hurt Park, Belmont, Fallon, Kenwood and Morningside. The Old Southwest neighborhood is eligible, but the ND District is not needed because of the greater protection provided by H-2 historic overlay zoning. At the time it was adopted, the ND District did not include a set of comprehensive design standards. The existing standards are too general to effectively regulate design. With the general nature of the existing standards, a potential developer would have a great deal of uncertainty about what is expected in terms of design. The development of the proposed design standards reduces this uncertainty by providing more definitive direction regarding those specific design elements that must be included in the development of infill housing. The proposed amendment also revises Section 36.1-428 of the zoning ordinance, Off-street parking and loading requirements, by adding special provisions for parking that apply only to the construction of new dwellings in the ND District. The parking provisions encourage on-street parking and access to parking from the alleys, where appropriate. The amendment also revises Section 36.1-403, Front yard requirements for infill development, which is effective city-wide. The amendment to this section is being made to encourage the location of infill buildings in a more appropriate relationship to the street and to adjacent existing structures. Meetings were conducted in August 2002 to review the proposed design standards. Meetings were conducted with the Roanoke Regional Home Builders Association, the Roanoke Regional Housing Network, the Roanoke Redevelopment and Housing Authority and the presidents of Roanoke Neighborhood Partnership neighborhood organizations. A public workshop was held on August 29 at Lucy Addison Middle School. The workshop was well-attended and citizens' responses to the design standards and other measures were positive. Staff made a number of revisions to the standards in response to comments from the public and from builders. Considerations: The design standards for the ND District are based on the architectural elements common to older neighborhoods. The standards regulate building location and mass, roofs, entrances and windows, porches, siding and trim, additions and accessory structures. The design standards are intended to provide specificity to the design process so that developers and builders can address specific requirements in the planning/design process. The standards also have been formulated to allow for flexibility and creativity in housing design. They apply only to residential construction and specifically, new dwellings, additions to dwellings, and accessory buildings. The application, review and approval process for housing design will be handled administratively by the Zoning Administrator. Unlike the historic district, applications will not be subject to review by the Architectural Review Board. Administrative reviews for housing in the ND District must be completed within 15 working days. City Code provides for a review fee. However, staff recommends that no review fees be applied at this time over and above those fees associated with building permits. Design standards will likely add some cost to constructing new dwellings in the ND District. However, many provisions relate to the site planning and arrangement of the building elements, which can simply be handled through careful project planning with little or no additional cost. The special parking provisions can actually significantly reduce development costs. Staff recognizes that potential added construction costs may slow housing development by some builders in ND-designated areas. However, the long-term viability of core neighborhoods as locations for future high-quality development must be preserved. Some non-profit housing developers are currently constructing infill housing in these neighborhoods that would meet the proposed design standards. The City Design chapter of Vision 200'1-2020 also establishes design principles for traditional neighborhoods and downtown neighborhoods. The principles state that houses should have front porches and that front yard setbacks and bulk for residential structures should be consistent. Vision 200'1-2020 strongly supports implementation of the ND District: NHA29. Revise zoning ordinance to encourage quality infill development that reflects the character of the neighborhood including infill development standards. NHA23. Develop criteria for evaluating new residential proposals to ensure compatibility with surrounding neighborhoods and support of the City's goals of a balanced, sustainable housing supply. NHA5. Consider ND, Neighborhood Design District, overlay zoning for qualifying centers in Rehabilitation and Conservation Areas to encourage compatible design of development in village centers. Recommendation: It is recommended that the Planning Commission recommend approval of the proposed amendments. It is recommended that City Council approve the proposed amendments, as recommended by the Planning Commission. The amendments will implement recommendations of Vision 200'1-2020 to encourage quality infill development that is compatible with the surrounding neighborhood. Respectfully submitted, R. Brian Townsend, Agent City of Roanoke Planning Commission CC; Darlene Burcham, City Manager Rolanda Johnson, Assistant City Manager for Community Development William M. Hackworth, City Attorney Mary F. Parker, City Clerk 4 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke and the City of Roanoke Planning Commission will hold a joint public heating on Tuesday, October 15, 2002, at 7:00 p.m., or as soon thereafter as the matter may be heard, 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: Section 36.1-393, Standards for new construction, {}36.1-403, Front yard requirements for infill developments, {}36.1-428, General standards, to provide standards for a new dwelling, a new accessory building, or an expansion of an existing dwelling in the ND district, to establish the depth of front yards, and to establish parking requirements in the ND district. In addition, the Council of the City of Roanoke and the City of Roanoke Planning Commission will consider the zoning of parcels contained within the boundary as described below with an ND, Neighborhood Design District overlay: The beginning point being located at the intersection of the northern right-of-way line of Grayson Avenue, NW, and the western right-of-way line of 10th Street, NW, and proceeding north along the western right-of-way line of 10th Street, NW, to its intersection with the southern right-of-way line of Andrews Road, NW; Then proceeding west along the southern right-of-way line of Andrews Road, NW, to its intersection with the property line of tax parcel 2240102, and proceeding along the northern property line of said parcel for its entire length; Then continuing north along the northern property line of tax parcel 2240201, across Norris Drive, NW, and along the northern property line of tax parcels 2240111, 2241229, and 2360101, to its intersection with the southwestern right-of-way line of Interstate 581; Then proceeding northwest along the southwestern right-of-way line of Interstate 581, to a point of intersection with the western property line of tax parcel 2360101; Then proceeding south along the western property line of tax parcels 2360101, 2350101,2350103, and 2350105, to a point of intersection with the northern property line of tax parcel 2350503; Then proceeding west along the northern property line of tax parcel 2350503, across Leon Street, NW, and along the northern property line of tax parcels 2350413, 2350412, 2350411, 2350410, 2350409, 2350408, and 2350401, to a point of intersection with the southern right-of-way line of Sherman Drive, NW; H:\NOTICES\N-COUNCILPLANN1NGCOMM(ND,NEIGHBORHOODDESIGNDIS)092402.DOC Then proceeding west along the southem right-of-way line of Sherman Drive, NW, to its intersection with the eastern right-of-way line of Cove Road, NW; Then proceeding north along the eastern right-of-way line of Cove Road, NW, to its intersection with the eastern right-of-way line of Lafayette Boulevard, NW; Then proceeding south along the eastern right-of-way line of Lafayette Boulevard, NW, to its intersection with the northern right-of-way line of Melrose Avenue, NW; Then proceeding east along the northern right-of-way line of Melrose Avenue, NW, to its intersection with the southeastern right-of-way line of Salem Turnpike, NW; Then proceeding northeast along the southeastern right-of-way line of Salem Turnpike to a point of intersection with the southern property line of tax parcel 2321904, and proceeding east along said southern property line; then proceeding across 20th Street, NW; Then including tax parcels 2322001, and 2322002 in their entirety; then across 19th Street, NW; Then proceeding east along the southern property line of tax parcels 2322101, 2322102, 2322103, 2322104, 2322105, 2322106, 2322107, and 2322108; then across 18th Street, NW; Then proceeding east along the southern property line of tax parcels 2221501, 2221502, 2221503, 2221504, 2221505, 2221506, 2221507, and 2221508; then across 17th Street, NW; Then proceeding east along the southern property line of tax parcels 2221601 and 2221607; then crossing 16th Street, NW; Then proceeding east along the southern property line of tax parcels 2211701, 2211702, 2211703, 2211704, 2211705, 2211706, 2211707, and 2211708; then crossing 15th Street, NW; Then proceeding east along the southern property line of tax parcels 2221801, 2221802, 2221803, 2221804, 2221805, 2221806, 2221807, and 2221808; then crossing 14th Street, NW; Then proceeding east along the southern property line of tax parcels 2221901, 2221902, 2221903, 2221904, 2221905, 2221906, 2221907, and 2221908; then crossing 13th Street, NW; Then proceeding east along the southern property line of tax parcels 2222001, 2222002, 2222003, 2222004, 2222005, 2222006, and 2222009; then crossing 12th Street, NW; H:\NOTICESL,N-COUNCILPLANNrNGCOMM(ND,NEiGHBORitOODDES1GNDiS)092402.DOC Then proceeding east along the southern property line of tax parcels 2222104, 2222105, 2222106, 2222107, and 2222110; then crossing 11th Street, NW; Then proceeding east along the southern property line of tax parcel 2120801 to its intersection with the western right-of-way line of l0th Street, NW; Then proceeding north along the western right-of-way line of 10th Street, NW, to its intersection with the northern right-of-way line of Grayson Avenue, NW, the point of beginning. Citizens of the City shall be given an opportunity to appear and be heard by the Planning Commission and City Council on the subject of these matters. Copies of the proposed amendments to the zoning ordinance and the proposed zoning overlay of ND, Neighborhood Design District, to be considered by the Planning Commission and City Council are available for review in the Office of the City Clerk, Room 456, and the Department of Planning, Buildings and Development, Room 166, located in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. Any questions about the proposed amendments to the zoning ordinance or the proposed zoning overlay of ND, Neighborhood Design District, should be directed to the Department of Planning, Building and Development (540) 853- 1730. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office (853-2541), before 12:00 noon on Thursday, October 10, 2002. GIVEN under my hand this 25th day of September ,2002. Mary F. Parker, City Clerk. Martha P. Franklin, Secretary, Planning Commission Note to Publisher: Please publish twice in The Roanoke Times on Friday, September 27 and October 4, 2002. Send Publisher's Affidavit to: Martha P. Franklin, Secretary, Planning Commission Room 166 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 H:\NOTICESkN-COUNC1LPLANNINGCOMM(ND,NEIGHBORHOODDESiGNDiS)092402.DOC The Roanoke Times Roanoke, Virginia I~II~OFI'IB~'IF, NII~ i~mels 2350413, 23~ Affidavit of Publication m~ "~ 23~, ~d ~1, The Roanoke Tim~Ct}v[~U Roanoke and the Ci~ oof , ROANOKE CITY CLERK'S 215 CHHRCH ~V~ S~ R~ ~l~**m,~: ~,~;~~ ATT: MARY PARKER, CL ROANOKE VA 24011 REFERENCE: 80023382 01996089 Joint Meeting 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 __~JA~ day of October 2002. Witness my hand and official seal. _~_~_ P ~~~ ~ary Public My commisSiOn expire~--:_~:C'S PUBLISHED ON: 09/27 10/04 Sectlo~ 38,1-393, Standa~ls ~ -- --~-, ...1- ~n~T.~__--~, ,&~~ ~-~ line ~ Mel~ ~an~en~ ~li~ ~ ~ ND ~ ~ ~ ~ing ~ al~ ~ t~n ~ ~e In~,~~e ~m H~t-~-~y line m t Mil m m ~ ~ W- Then preceding no.east / cell ~ within t~ *M~g ~ ~ d~- I ~h an ND, ~ ~ 231~, ~ Pm- The ~.ning p01~ ~ln~ ~ ~ d~ ~ ~- and proceeding elong the m:wthem p~perty Ikm of said 1hen .~nulng nmth alon~ th~ nodmm_~ line or t~ ~ ~240201, m ~n ~h~t ~ . 23~1~, ~ ~1~, ~ a Then Including tax parcels 2322001, and 2322002 in Then proceeding east *along the southern ~ line of tax parcels 2322101, Z32210~ 2322103, 232210 , 2322105, 2322106, 2322107, and 232210~; then Then proceeding east elon~ the southern property lined tax parcels 2221501, 2221502, ,2221503, 2221504, 2221505, 2221506, 222~507, and 222150~; the~ Then prom~ndlng east alo.~ the southem propa~ line of tax parcels 2'221601 and St~mt, NW; 2211703, 2211'/04, 221170fi, 221'1'1'08, ,~uU~ m nn~ of. mx 2221803, 2221.04, 2221805, 2221806, 222~807, end 222/80~; then cro~sk~ 14th 5truer, 2221g03, 2221904, 2221905, 2221906, Then proceedi~ e~t alo.~ the TOTAL COST: 1, 019 . 92 ~u~m m~t~ line ~f tax~. 2222002, FILED ON: 10/04/02 2222003, ~22200 ,~4 2222005, 2222006, and ................ 2~; ~ ~' ~h .................................................. ~, ~; ~ 2~1~, 2222105, Authori ~ 2222106, 2222107, and S ignatu~~~__~_ , Billing Services Repr--~; ' ~ p~ im ~ m ~ 2~1 ~ ~ I~- ~-~ I1~ ~ ~ A~ue, MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk~ci.roanoke.va, us October 18, 2002 File #51 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Robert B. Manetta, Chair City Planning Commission 2831 Stephenson Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Manetta: At a regular meeting of the Council of the City of Roanoke which was held on Tuesday, October 15, 2002, a joint public hearing by the City Council and the City Planning Commission was conducted on the request of the City Planning Commission that properties located within the Melrose Rugby neighborhood generally bounded by Interstate 581, Lick Run and Andrews Road on the north, Melrose and Orange Avenues on the south, Tenth Street on the east, and Lafayette Boulevard on the west, be zoned ND, Neighborhood Design District overlay. On motion, duly seconded and adopted, the ordinance was tabled until the regular meeting of Council on Monday, November 4, 2002, at 2:00 p.m., or as soon thereafter as the matter may be heard. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Willard N. Claytor, Director, Real Estate Valuation Rolanda A. Johnson, Assistant City Manager for Community Development Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Building Commissioner Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney l-l:~Agenda.02\October 15, 2002 correspondence.wpd CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning@ci.roanoke.va.us Architectural Review Board Board of Zoning Appeals Planning Commission October 15, 2002 Mr. Robert B. Marietta, Chairman, Planning Commission Mr. Richard A. Rife, Vice Chairman, Planning Commission Mr. Gilbert E. Butler, Jr., Planning Commission Mr. S. Wayne Campbell, Planning Commission Mr. Kent D. Chrisman, Planning Commission Mr. Melvin L. Hill, Planning Commission Mr. Fredrick M. Williams, Planning Commission Honorable Ralph K. Smith, Mayor Honorable C. Nelson Harris, Vice Mayor, Honorable William D. Bestpitch, Council Member Honorable William H. Carder, Council Member Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Linda F. Wyatt, Council Member Dear Members of the Planning Commission and City Council: Subject: Zoning of properties in the Melrose-Rugby neighborhood generally bounded by Interstate 581-Luck Run and Andrews Road on the north, Melrose and Orange Avenues on the south, Tenth Street on the east, and Lafayette Boulevard on the west, with an ND, Neighborhood Design District overlay Background: The Melrose-Rugby neighborhood is located in the City's northwest quadrant. The neighborhood is roughly bound by Orange Avenue~ 10th Street, Lafayette Boulevard, and 1-581. Much of the area was developed between 1890 and 1920, though some portions to the north developed later. Over the past 10-15 years, considerable incompatible infill development has occurred on vacant lots, mainly poorly designed duplexes and single-family houses. The incompatible design and poor quality construction that characterize many of these infill houses detract significantly from the sense of scale and character created by the original homes of the neighborhood. Because of concerns about incompatible infill housing, community leaders in the Melrose-Rugby and Gilmer neighborhoods worked with the Planning Department in 1993 to obtain a Charter amendment from the Virginia General Assembly to authorize Roanoke to regulate infill construction. The Neighborhood Design (ND) District, an overlay zone, was adopted as part of the zoning ordinance in 1994. In summer/fall 2002, design standards were developed in anticipation of implementing the ND district. The standards establish the minimum design requirements for new dwellings, additions to existing dwellings, and accessory buildings. The standards apply only to residential buildings. Considerations: Section 36.1-389 of the City Code establishes criteria for designating an ND district. The area must: 1. be located within an area designated on an adopted plan for conservation, rehabilitation or redevelopment; 2. be identified in the city's comprehensive plan as having historic or unique architectural value; and 3. contain at least two (2) contiguous acres. The Melrose-Rugby neighborhOod meets all three criteria for designation as an ND district. All of the area proposed for the ND district zoning has been designated by City Council as either a conservation or rehabilitation area. Vision 2001-2020 identifies the Melrose neighborhood as having historic or unique architectural value (p. 36). The area proposed for the ND district is approximately 639 acres. The Melrose-Rugby neighborhood will be the first neighborhood to have the ND district and will serve as the pilot area. Staff anticipates that the ND district could be expanded to other qualifying neighborhoods in less than one year. Vision 2001-2020 supports implementation of the ND district: NH A29. Revise zoning ordinance to encourage quality infill development that reflects the character of the neighborhood including infill development standards. NHA23. Develop criteria for evaluating new residential proposals to ensure compatibility with surrounding neighborhoods and support of the City's goals of a balanced, sustainable housing supply. NH A5. Consider ND, Neighborhood Design District, overlay zoning for qualifying centers in Rehabilitation and Conservation Areas to encourage compatible design of development in village centers. 2 The Melrose-Rugby Neighborhood Plan was adopted by Roanoke City Council as part of the comprehensive plan on June 18, 2001. Strategy 1.7 of the neighborhood plan recommends that the city "Create a Neighborhood Design District oveday zoning throughout the neighborhood." The design of infill housing is identified in the plan as residents' top concern and implementation of the Neighborhood Design District as a high priority. Melrose-Rugby residents believe that ensuring compatible infiil design is essential to maintaining property values, attracting new residents, and encouraging long-term neighborhood revitalization. Recommendation: It is recommended that the City Planning Commission recommend approval of the Neighborhood Design District zoning overlay in the Melrose-Rugby neighborhood. It is recommended that City Council approve the Neighborhood Design District zoning overlay in the Melrose-Rugby neighborhood, as recommended by the Planning Commission. Application of the ND district will implement recommendations of Vision 2001- 2020 and the Melrose-Rugby Neighborhood Plan. Implementation of the ND district will protect the neighborhood from incompatible new construction, thus maintaining property values and encouraging neighborhood revitalization. Respectfully submitted, R. Brian Townsend, Agent City of Roanoke Planning Commission CC: Darlene Burcham, City Manager Rolanda Johnson, Assistant City Manager for Community Development William M. Hackworth, City Attorney Mary F. Parker, City Clerk Evelyn D. Dorsey, Zoning Administrator PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Zoning of properties in the Melrose-Rugby neighborhood generally bounded by Interstate 581, Lick Run and Andrews Road on the north, Melrose and Orange Avenues on the south, Tenth Street on the east and Lafayette Boulevard on the west with an ND, Neighborhood Design District overlay. To the Honorable Mayor and Members of the Council of the City of Roanoke: The Petitioner, the Planning Commission of the City of Roanoke, in providing for good zoning practice and the general public welfare, requests that properties located within the Melrose Rugby neighborhood generally bounded by Interstate 581, Lick Run and Andrews Road on the north, Melrose and Orange Avenues on the south, Tenth Street on the east and Lafayette Boulevard on the west, more specifically identified as Official Tax Numbers 2120101 through 2120115, inclusive; 2120301; 2120304 through 2120315, inclusive; 2120317; 2120801; 2130501 through 2130511, inclusive; 2130513 2130601 through 2130615, inclusive; 2131201 through 2131211, inclusive; through 2130522, inclusive; 2130524; through 2131203, inclusive; 2131205 2220101 through 2220113, through 2220303, inclusive; 2220401 through 2220425, through 2220616, inclusive; 2220701 2220815, inclusive; 2220901 through inclusive; 2221101 through 2221107, 2221201 through 2221206, inclusive; through 2221416, inclusive; 2221501 2221701 through 2221708, inclusive; through 2221908, inclusive; 2222001 2222108, inclusive; 2222110; 222211 inclusive; 2220201 through 2220214, inclusive; 2220301 2220305; 2220306; 2220309 through 2220316, inclusive; inclusive; 2220501 through 2220506, inclusive; 2220601 through 2220712, inclusive; 2220801 through 2220916, inclusive; 2221001 through 2221016, inclusive; 2221109 through 2221126, inclusive; 2221301 through 2221316, inclusive; 2221401 through 2221508, inclusive; 2221601; 2221607; 2221801 through 2221808, inclusive; 2221901 through 2222009, inclusive; 2222101 through 9; 2230101 through 2230107, inclusive; 2230301 through 2230307, inclusive; through 2230405, inclusive; 2230407 2230504; 2230507 through 2230527, 2230109 through 2230112, inclusive; 2230201; 2230309 through 2230324, inclusive; 2230401 through 2230418, inclusive; 2230501;2230503; inclusive; 2230601; 2230603 through 2230611, inclusive; 2230701 through 2230721, inclusive; 2230723; 2230724; 2230801 through 2230816, inclusive; 2230901; 2230902; 2230904 through 2230907, inclusive; 2230909 through 2230924, inclusive; 2231001 through 2231008, inclusive; 2231010; 2231011; 2231013 through 2231015, inclusive; 2231017; 2231101 through 2231106, inclusive; 2231201 through 2231221, inclusive; through 2231405, inclusive; 2231408 2231504, inclusive; 2231506 through inclusive; 2231701 through 2231708, 2231820 through 2231843, inclusive; 2231301 through 2231322, inclusive; through 2231414, inclusive; 2231501 2231521, inclusive; 2231601 through inclusive; 2231801 through 2231818, 2231901 through 2231906, inclusive; 2231909; 2231911 through 2231916, inclusive; 2232001 through 2232009, 2232011 through 2232014, inclusive; 2232101 through 2232118, inclusive; through 2232316, inclusive; 2232401 through 2232414, inclusive; 2232501 2232514, inclusive; 2231401 through 2231607, inclusive; 22319O8; inclusive; 2232301 through 2240101;2240102; 2240111 through 2240121, inclusive; 2240201 through 2240224, inclusive; 2240301 through 2240309, inclusive; 2240401 through 2240417, inclusive; 2240501 through 2240521, inclusive; 2240601 through 2240613, inclusive; 2240701 through 2240706, inclusive; 2241101 through 2241108, inclusive; 2241201 through 2241229, inclusive; 2241301 through 2241347, inclusive; 2241401 through 2241441, inclusive; 2320101 through 2320115, inclusive; through 2320216, inclusive; 2320301 2320416, inclusive; 2320501 through 2320616, inclusive; 2320701 through inclusive; 2320901 through 2320916, 2321015; 2321101 through 2321115, 2321207 through 2321215, inclusive; 2320201 through 2320209, inclusive; 2320211 through 2320316, inclusive; 2320401 through 2320516, inclusive; 2320601; 2320603 through 2320716, inclusive; 2320801 through 2320816, inclusive; 2321001 through 2321013, inclusive; inclusive; 2321201 through 2321205, inclusive; 2321301 through 2321316, inclusive; 2321401; 2321403 through 2321417, inclusive; 2321501 through 2321514, inclusive; 2321601; 2321603 through 2321615, inclusive; 2321701 through 2321717, inclusive; 2321801 through 2321813, inclusive; 2321901;2321902; 2321904; 2322001;2322002; 2322101 through 2322108, inclusive; 2330101 through 2330115, inclusive; 2330201 through 2330205, inclusive; 2330207 through 2330219, inclusive; 2330301 through 2330331, inclusive; 2330401;2330403; 2330404; 2330405; 2330407 through 2330414, inclusive; 2330501; 2330503 through 2330516, inclusive; 2330601; 2330603; 2330604; 2330606 through 2330617, inclusive; 2330701; 2330704; 2330705; 2330801 through 2330806, inclusive; 2330901; 2330905; 2331001; 2331101 through 2331106, inclusive; 2331108; 2331109; 233111 O; 2331112; 2331113; 2331201 through 2331216, inclusive; 2331301 through 2331311, inclusive; 2331313; 2331505, inclusive; inclusive; inclusive; 2332215; inclusive; 2331314; 2331315; 2331401 through 2331415, inclusive; 2331501 through inclusive; 2331509 through 2331516, inclusive; 2331601 through 2331617, 2331701 through 2331716, inclusive; 2331801;2331901 through 2331916, 2332001; 2332003 through 2332007, inclusive; 2332009 through 2332016, 2332101 through 2332116, inclusive; 2332201 through 2332213, inclusive; 2332216; 2332301 through 2332316, inclusive; 2332401 through 2332416,,. 2340101; 2340103 through 2340122, inclusive; 2340125; 2340126; 2340301; 2340302; 2340401 through 2340405, inclusive; 2340501 through 2340525, inclusive; 2340601 through 2340626, inclusive; 2340701 through 2340723, inclusive; 2340801 through 2340808, inclusive; 2340901; 2340903 through 2340912, inclusive; 2341001 through 2341005, inclusive; 2341101 through 2341105, inclusive; 2341201 through 2341206, inclusive; 2341301 through 2341305, inclusive; 2341401 through 2341411, inclusive; 2341501 through 2341506, inclusive; 2341601 through 2341612, inclusive; 2350101;2350103; 2350105; 2350106; 2350107; 2350114; 2350401;2350408 through 2350413, inclusive; 2350503; 2350601 through 2350609, inclusive; 2350701; 2350702; 2350703; 2360101 ;2360102; 2420301 through 2420310, inclusive; 2430301 through 2430336, inclusive; 2430338 through 2430344, inclusive; 2430401 through 2430440, inclusive; 2430442; 2430443; 2430444; 2430801 through 2430815, inclusive; 2430817; 2430818; 2430820 through 2430837, inclusive; 2431401 through 2431420, inclusive; 2431801 through 2431816, inclusive; 2450201 ;2450202; 2450203; 2450205 through 2450212, inclusive; 2450214 through 2450222, inclusive; 2450224 through 2450229, inclusive; 2450401 through 2450405, inclusive; 2450407 through 2450422, inclusive; 2450425 through 2450435, inclusive; 2450437; 2450438; and 2450439 be considered for designation as an ND, Neighborhood Design District overlay. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said properties be zoned ND, Neighborhood Design District overlay for the purpose of encouraging compatible infill development of conservation, rehabilitation and revitalization districts. The petitioner believes that the zoning of the said properties with an ND, Neighborhood Design District overlay will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan in that it will encourage new buildings which are compatible with the existing scale and character of the surrounding neighborhood; encourage the protection of existing neighborhoods and their physical characteristics; and encourage revitalization. Attached as Exhibit A are the names, addresses and tax numbers of the owner(s) of all parcels requested for zoning. Attached as Exhibit B is a map of the properties requested for zoning. WHEREFORE, the Petitioner requests that the above described parcels be zoned as requested in accordance with the provisions of the zoning ordinance of the City of Roanoke. Respectfully submitted this 19th day of September, 2002 [~l~e~ B[Manetta, Chairman MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk~ci.roanoke.va.us October 18, 2002 File #51 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Maryellen F. Goodlatte, Attor. ney Glenn, Feldmann, Darby & Goodlatte P. O. Box 2887 Roanoke, Virginia 24001-2887 Dear Ms. Goodlatte: I am enclosing copy of Ordinance No. 36108-101502 rezoning a parcel of land located at 547 Campbell Avenue, S. W., identified as Official Tax No. 1112510, from LM, Light Manufacturing District, to C-1, Office District, subject to certain conditions proffered by the petitioner; and dispensing with the second reading of this ordinance by title. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, October 15, 2002, and is in full force and effect upon its passage. Mary F. Parker, CMC City Clerk MFP:mh Enclosure pc: L & M Properties, 541 Campbell Avenue, S. W., Roanoke, Virginia 24016 Mr. and Mrs. Robert P. Vest, Jr., c/o The Garage, Inc., 1219 Loggers Road, Goodview, Virginia 24095 City of Roanoke, Fire Station #3, Jefferson Center, 541 Luck Avenue, S. W., Suite 120, Roanoke, Virginia 24016 T. M. Commercial, L.L.C., 4331 Cove Road, N. W., Roanoke, Virginia 24017 Robert E. Zimmerman, 4106 Pheasant Run Drive, N. W., Roanoke, Virginia 24018 Calvary Baptist Church, 608 Campbell Avenue, S. W., Roanoke, Virginia 24016 Roanoke City School Board, c/o Cindy H. Lee, Clerk, P. O. Box 13145, Roanoke, Virginia 24031 H:'~Agenda.02\October 15, 2002 correspondence.wpd Maryellen F. Goodlatte, Attorney October 18, 2002 Page 2 pc: Willard N. Claytor, Director, Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Building Commissioner Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney H:XAgenda.02\October 15, 2002 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 2002. No. 36108-101502. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and sheet No. 111, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading of this ordinance by title. WHEREAS, Larry J. Conner and Rhonda S. Conner, have made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from LM, Light Manufacturing District, to C-1, Office 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 October 15, 2002, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (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: 1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 111 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: That parcel of land located at 547 Campbell Avenue, S.W., and designated on Sheet No. 111 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 1112510, be, and is hereby rezoned from LM, Light Manufacturing District, to C-I, Office District, subject to the proffers contained in the Seconded Amended Petition filed in the Office of the City Clerk on September 23, 2002, and that Sheet No. 111 of the Zone Map be changed in this respect. 2. of this ordinance by title is hereby dispensed with. ATTEST: Pursuant to the provisions of Section 12 of the City Charter, the second reading City Clerk. H:\ORDINANCES\O-REZO547CAMPBELLAVELMTOC I ( 101502). DOC Architectural Review Board Board of Zoning Appeals Planning Commission CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning~ci.roanoke.va.us October 15, 2002 Honorable Honorable Honorable Honorable Honorable Honorable Honorable Ralph K. Smith, Mayor C. Nelson Harris, Vice Mayor William H. Carder, Council Member M. Rupert Cutler, Council Member Alfred T. Dowe, Jr., Council Member William D. Bestpitch, Council Member Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Request from Larry J. Conner and Rhonda S. Conner, represented by Maryellen F. Goodlatte, attorney, that property located at 547 Campbell Avenue, S.W., designated as Official Tax No. 1112510, be rezoned from LM, Light Manufacturing District, to C-1, Office District, subject to certain conditions proffered by the petitioner. Planning Commission Action: Planning Commission public hearing was held on Thursday, September 19, 2002, and the Commission voted 7-0 to recommend approval of the rezoning request. Backgrouna: A petition to rezone was filed on August 1,2002. A second amended petition was filed on September 23, 2002, with the following proffered condition: Use of the property will be limited to (a) general and professional offices; (b) home occupation uses; (c) nomprofit counseling and services, excluding, however, drug rehabilitation and/or substance abuse programs; and (d) multifamily residential (so long as said multifamily use is approved by the Board of Zoning Appeals.) During the Planning Commission public hearing on September 19th, there was discussion about the need for a proffer restating a Code requirement for off-street parking. Mrs. Goodlatte agreed to submit a second amended petition deleting that proffer. Mr. Mike Levan, owner of adjacent property, appeared before the Commission in support of the request but voiced concern about the use of his parking lot by tenants of the structure proposed to be rezoned. Considerations: The subject property is located on Campbell Avenue, S.W., across from the Jefferson Center. There are two vacant structures on the property. In the past, both buildings were used as multifamily dwellings. Zoning and land use patterns in the area are as follows: · LM, Light Manufacturing District- north across the alley; auto repair business. · C-1, Office District- south of subject property; ;Jefferson Center. · LM, Light Manufacturing District- east of subject property; parking lot for a small business (siding). · LM, Light Manufacturing District - west across 6th Street; photo service business Access to the property will be from both 6th Street and Campbell Avenue. Parking for the proposed uses will be within 300 feet (Sec. 36.1-432. Off-site parking), possibly on 6th Street next to Fire Station # 3, with access to the parking lot from an alley off 6t~ Street, and from Rorer Avenue. By Code, petitioners need thirteen (13) parking spaces. Vision 2001-2020, the City's comprehensive plan, recommends that: · NH P4 Downtown neighborhood. Downtown will be developed as Roanoke's premier urban village with a mix of high-density residential, commercial, retail uses and live/work space. · ED P3 Downtown. Downtown will continue to serve as the region's central business district with opportunities for downtown living, office space, retail, and cultural and entertainment attractions. · ED A6 Downtown. Pursue strategies to increase availability of specialized retail and live/work space in the downtown. Recommendations: By a vote of 7-0, the Planning Commission recommends that City Council approve the request. The rezoning is consistent with Vision 2001-2020. The rezoning would allow a mixture of office and residential uses on the property and thus be more consistent with desired development patterns in downtown. Respectfully submitted, Robert B. Manetta, Chairman Roanoke City Planning Commission attachments cc: Darlene L. Burcham, City Manager Rolanda Johnson, Assistant City Manager for Community Development William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Maryellen F. Goodlatte, Attorney for the Petitioner IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning approximately 0.158 acres consisting of one (1) tract of land lying and being in the City of Roanoke, Virginia, and briefly described as 547 Campbell Avenue, S.W.: Tax Map No. 1112510 from LM, Light Manufacturing District, to C-l, Office District. SECOND AMENDED PETITION TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioners, Larry J. Conner and Rhonda S. Conner, own the following property in the City of Roanoke, Virginia: Tax Map No. 1112510, which has a street address of 547 Campbell Avenue, S.W. Said tract is currently zoned LM, Light Manufacturing District. A map of the property to be rezoned is attached as Exhibit A. A survey showing the structures on the property is attached as Exhibit B. The property has been abandoned and in disrepair for some time. Petitioners recently purchased the property from the Secretary of Housing and Urban Development and intend to refurbish the existing structures on the property for office and multi-family use. The building fronting Campbell Avenue would be used for an office and four apartments. The building fronting 6th Street would be used for four apartments. Across from the subject property is the Jefferson Center. The City's recent update to the Outlook Plan recognized the importance of the Jefferson Center and the development surrounding the Jefferson Center to the vibrancy of the Ci~s downtown district. The petitioners' rehabilitation of this parcel and its proposed use would enhance development along the Jefferson Center corridor. Because multi-family use is being requested on the parcel, petitioner recognizes that a special exception from the Board of Zoning Appeals will be required. Your petitioners hereby proffer and agree that if the said tract is rezoned as requested, that the rezoning will be subject to, and that they will abide by, the following condition: 1. Use of the property will be limited to (a) general and professional offices; (b) home occupation uses; (c) non-profit counseling facilities and services, excluding, however, drag rehabilitation and/or substance abuse programs; and (d) multi-family residential (so long as said multi-family use is approved by the Board of Zoning Appeals). Attached as Exhibit C are the names, addresses and tax numbers of the owners of all lots or properties immediately adjacent to, immediately across a street or road fi-om the property to be rezoned. WHEREFORE, 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 20th day of September, 2002. Respectfully submitted, Larry J. Conner Rhonda S. Conner By:_ of~ounsel Maryellen F. Goodlatte, Esq. Glenn, Feldmann, Darby & Goodlatte P. O. Box 2887 Roanoke, Virginia 24001-2887 (540) 224-8018 - Telephone (540) 224-8050 - Facsimile FROM : LRC Imvmstmmnts LLC FAX NO. : 389 3B43 Aug. 30 2002 08:20AM P2 Larcy J. Conner az~d Ti[honda S. Comz~:r, ow~ers of the pz'opcrty subject to this amcndecl petition, hereby consent to this am¢nded rezorJng petition and a~e¢ to be bound by the conditions that are pz'offarcd in this a. mcnded petition. 3 ii~ZIH 8o{;c. llf 11t I ~'~ °'°~ I .%°; POLE BLDG. 0.1' CL OVERHEAD ELEC. LINE 8L ON ~, NAIL SET POLE OLO 1/2" IRON PIN LOT 12 BLOCK 16 160 o BEAR, S N 05'05' W, 0.84 FROM CORNEl; 89'09' ,30 OLD I/2" IRON PIN 1 PORCH 50.0' FLUE 25.9' 2 STORY FRAME BUILDING NO. 547 0.3 (UNOCCUPIED) ~ 24.1' co c~ PORCH l'xl' CONC.- LOT 1 3 OLD 1 N 87'10' E ~ CAMPBELL AVENUE, 50, R/W S.W. 6.5' ALLEY LEGAL REFERENCE: D.B. 1595. PG. 1841 (MAP) CITY ENGR. FILE #1076 TAX NO. 1112510 NOTE: THIS PLAT IS SUBJECT TO INFORMATION WHICH MAY BE DISCLOSED BY A TITLE REPORT BY A LICENSED ATTORNEY. NOTE: THE SUBJECT PROPERTY IS LOCATED IN FI.OOD INSURANCE ZONE "X" AS DESIGNATED BY F.E.M.A. SURVEY FOR RHONDA CONNER 'OF LOT i2, BLOCK '16, MAP OF LOTS. BELONGING TO FERDINAND RORER ' R OA NOlIE, VIRGINIA SCALE 1" = ZO' JULY 9, 2002 BE&S, L..L.C. ~E't~£R$ CREEK N.B.- 124 &: 2~ D-02162 ADJOINING PROPERTY OWNERS OF LARRY J. 'CONNER and RHONDA S. CONNER TAX PARCEL 1112510 547 CAMPBELL AVENUE, S.W. ROANOKE, VA 24016 Zoned LM TAX MAP NIYMBER OWNER(S)/ADDRESSED 1112511 L & M Properties 541 Campbell Avenue, S.W. Roanoke, Virginia 24016 11125O2 Robert P. Vest, Jr. and Ruby F. Vest c/o The Garage, Inc. 1219 Loggers Road Ooodview, Virginia 24095 1112411 City of Roanoke Fire Station #3 215 Church Avenue, S.W., Room 250 Roanoke, Virginia 240I 1 1112422 T. M. Commercial, LLC 4331 Cove Road, N.W. Roanoke, Virginia 24017 1112421 Robert E. Zimmerman 4106 Pheasant Run Drive Roanoke, Virginia 24018 1113303 Calvary Baptist Church 608 Campbell Avenue, S.W. Roanoke, Virginia 24016 1113401 Roanoke City School Board Jefferson High School 215 Church Avenue, S.W., Room 250 Roanoke, Virginia 24011 547 Campbell Ave, SW 1111813 18 1112401 1112411 Subject 113301 1113303 C-1 1113401 1113414 1112516 N MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145' E-mail: clerk~ci.roanoke.va.us September 27, 2002 File #51 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Maryellen F. Goodlatte, Attorney Glenn, Feldmann, Darby & Goodlatte P. O. Box 2887 Roanoke, Virginia 24001-2887 Dear Ms. Goodlatte: 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 Tuesday, October 15, 2002, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on the request of Larry J. Conner and Rhonda S. Conner that a parcel of land containing 0.158 acre, described as 547 Campbell Avenue, S. W., Official Tax No. 1112510, be rezoned from LM, Light Manufacturing District, to C-1, Office District. For your information, I am enclosing copy of a report of the City Planning Commission, a notice of the public hearing and an Ordinance. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 540-853-2431. Questions with regard to the City Planning Commission report should be directed to the Department of Planning, Building and Development at 540-853-1730. It will be necessary for you, or your representative, to be present at the October 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:mh Enclosure MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clcrk~¢i.roanoke.va, us September 27, 2002 File #51 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk L & M Properties 541 Campbell Avenue, S. W. Roanoke, Virginia 24016 Robert E. Zimmerman 4106 Pheasant Run Drive, N. W. Roanoke, Virginia 24018 Mr. and Mrs. Robert P. Vest, Jr. c/o The Garage, Inc. 1219 Loggers Road Goodview, Virginia 24095 City of Roanoke Fire Station #3 Jefferson Center 541 Luck Avenue, S. W., Suite 120 Roanoke, Virginia 24016 Calvary Baptist Church 608 Campbell Avenue, S. W. Roanoke, Virginia 24016 Roanoke City School Board P. O. Box 13145 Roanoke, Virginia 24031 T. M. Commercial, L.L.C. 4331 Cove Road, N. W. Roanoke, Virginia 24017 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 Tuesday, October 15, 2002, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on the request of Larry J. Conner and Rhonda S. Conner that a parcel of land containing 0.158 acre, described as 547 Campbell Avenue, S. W., Official Tax No. 1112510, be rezoned from LM, Light Manufacturing District, to C-1, Office District. The City Planning Commission is recommending that Council approve the request for rezoning. If you would like to receive a copy of the report of the City Planning Commission, please call the City Clerk's Office at 540-853-2541. Interested Property Owner and/or Adjoining Property Owner September 27, 2002 Page 2 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, Building and Development at 540-853-1730. Sincerely, .~¢~~, Mary F. Parker, CMC City Clerk MFP:mh MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk~ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk September 23, 2002 File #51 Robert B. Manetta, Chair City Planning CommissiOn 2831 Stephenson Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Manetta: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a second amended petition received in the City Clerk's Office on September 23, 2002, from Maryellen F. Goodlatte, Attorney, representing Larry J. Conner and Rhonda S. Conner, requesting that a parcel of land containing 0.158 acre, described as 547 Campbell Avenue, S. W., Official Tax No. 1112510, be rezoned from LM, Light Manufacturing District, to C-1, Office District. Mary F. Parker.. CMC City Clerk MFP:mh Enclosures N:\CKMH1LRezonings .. Street.Alley Closings.02\Conner. Rezoning.rezoning.second amended.wpd Robert B. Manetta, Chair September 23, 2002 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Maryellen F. Goodlatte, Attorney, Glenn, Feldmann, Darby & Goodlatte, P. O. Box 2887, Roanoke, Virginia 24001-2887 Willard N. Claytor, Director, Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Building Commissioner Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney N:\CKMH 1LRezonings - Street. Alley Closings.02\Conner. Rezoning.rezoning.second amended.wpd GLENN FELDMANN DARB¥ GOODLATTE 210 1st Street S.',Y~ Suite 200 Post Office Box 2887 Roanoke, Virginia 24001 540.224.8000 Fax 540.224.8050 gfdg~gfdg.com RECEIVED '02 SEP 23 All :10 September 23, 2002 MARYELLEN F. GOODLATTE Direct Dial (540) 224-8018 E-mail mgoodlatte@gfdg.corn HAND DELIVERED Ms. Martha Franklin Roanoke City Planning Commission Municipal Building, First Floor Room 162 215 Church Avenue, S.W. Roanoke, Virginia 24011 Re: Rezoning: Tax Map No. 1112510 from LM to C-1 Larry J. and Rhonda S. Conner Dear Martha: As promised during last Thursday's Planning Commission meeting, we enclose an original and two copies of the Second Amended Petition, with all exhibits attached thereto, for the above-referenced rezoning. If you have any questions or need further information, please do not hesitate to call me. By copy of this letter to Mary Parker, I am advising her that Mr. and Mrs. Conner will plan to be present on October 21 when City Council will consider this matter. In order to keep costs down for the Conners, I am not planning to attend. Very truly yours, M~odlatte MFG:lnh:5062000 Enclosures cc: ~s. Mary F. Parker (w/enc.) Mr. and Mrs. Larry J. Conner (w/enc.) MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanokc.va, us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk September 10, 2002 File #51 Robert B. Manetta, Chair City Planning Commission 2831 Stephenson Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Manetta: 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 September 9, 2002, from Maryellen F. Goodlatte, Attorney, representing Larry J. Conner and Rhonda S. Conner, requesting that a parcel of land containing 0.158 acre, described as 547 Campbell Avenue, S. W., Official Tax No. 1112510, be rezoned from LM, Light Manufacturing District, to C-1, Office District. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosures H:LRezonings - Street. Alley Closings.02\Conner. Rezoning.rezoning.amended.wpd Robert B. Manetta, Chair September 10, 2002 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Maryellen F. Goodlatte, Attorney, Glenn, Feldmann, Darby & Goodlatte, P. O. Box 2887, Roanoke, Virginia 24001-2887 Willard N. Claytor, Director, Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Building Commissioner Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney N:\CKMH 1LRezonings - Street. Alley Closings.02\Conner. Rezoning.amended.wpd IN THE COUNCIL OF THE CITY OF ROANOKE~ VIRGINIA IN RE: Rezoning approximately 0.158 acres consisting of one (1) tract of land lying and being in the City of Roanoke, Virginia, and briefly described as 547 Campbell Avenue, S.W.: Tax Map No. 1112510 from LM, Light Manufacturing District, to C-1, Office District. AMENDED PETITION TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioners, Larry J. Conner and Rhonda S. Conner, own the following property in the City of Roanoke, Virginia: Tax Map No. 1112510, which has a street address of 547 Campbell Avenue, S.W. Said tract is currently zoned LM, Light Manufacturing District. A map of the property to be rezoned is attached as Exhibit A. A survey showing the structures on the property is attached as Exhibit B. The property has been abandoned and in disrepair for some time. Petitioners recently purchased the property from the Secretary of Housing and Urban Development and intend to refurbish the existing structures on the property for office and multi-family use. The building fronting Campbell Avenue would be used for an office and four apartments. The building fronting 6th Street would be used for four apartments. Across from the subject property is the Jefferson Center. The City's recent update to the Outlook Plan recognized the importance of the Jefferson Center and the development surrounding the Jefferson Center to the vibrancy of the City's downtown district. The petitioners' rehabilitation of this parcel and its proposed use would enhance development along the Jefferson Center corridor. Because multi-family use is being requested on the parcel, petitioner recognizes that a special exception from the Board of Zoning Appeals will be required. Your petitioners hereby proffer and agree that if the said tract is rezoned as requested, that the rezoning will be subject to, and that they will abide by, the following condition: 1. Use of the property will be limited to (a) general and professional offices; (b) home occupation uses; (c) non-profit counseling facilities and services, excluding, however, drug rehabilitation and/or substance abuse programs; and (d) multi-family residential (so long as said multi-family use is approved by the Board of Zoning Appeals). 2. Petitioners agree to provide a minimum of thirteen (13) off-street parking spaces as required by the Roanoke City Code, at all times. Attached as Exhibit C are the names, addresses and tax numbers of the owners of all lots or properties immediately adjacent to, immediately across a street or road from the property to be rezoned. WHEREFORE, Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Respectfully submitted this Ordinance of the City of Roanoke. day of September, 2002. Respectfully submitted, Larry J. Conner Rhonda S. Conner 4fCounsel Maryellen F. Goodlatte, Esq. Glenn, Feldmann, Darby & Goodlatte P. O. Box 2887 Roanoke, Virginia 24001-2887 (540) 224-8018 - Telephone (540) 224-8050 - Facsimile FROM : LRC Investments LLC FAX NO. : 589 ~84~ Aug. ~0 200~ 08:20AM P~ Lin-fy J. Conner m~d R. honda S. Comber, owners of the property subject to this amcnded petition, hereby consent to this amended rezoning petition and a~ee to be bound by the conditions that proffered in this amended petition. '-' OZ.C%I II POLE BLDG. 0.1' C/ OVERHEAD ELEC. LINE BLDG. ON NAIl SET POLE OLD 1/2" IRON PIN o LOT 1 2 BLOCK 1 6 0.160 1.3.9' ~ CONG. OLD ~ BEARS N 03'05' W, 0.84' FROM CORNE,q N 89'09' W, 41.0' 30.( OLD 1/2" IRON PIN Z PORCH JO.O' 2 STORY FRAME BUILDING NO. 547 (UNOCCUPIED) PORCH 0.3; LOT 1 5 16.5' ALLEY o' '¢~ ~ WINDOW 25.9' l'x~' CONC.' ,, 67.5' COLUMI, OLD li~iN2 IRON N 87'10' E---- CAMPBELL AVENUE, S.W. 50' R/w LEGAL REFERENCE: D.B. 1595, PG. 1841 (MAP) CITY ENGR. FILE //1076 TAX NO. 1112510 NOTE: THIS PLAT IS SUBJECT TO INFORMATION WHICH MAY BE DISCLOSED BY A TITLE REPORT BY A LICENSED ATTORNEY. NOTE: THE SUBJECT PROPERTY IS LOCATED IN FLOOD INSURANCE ZONE "X" AS DESIGNATED BY F.E.M.A. SURVEY FOR RHONDA CONNER OF LOT 12, BLOCK 16, MAP OF LOTS. BELONGING TO FERDINAND RORER R OA N 0 KE, VIRGINIA SCALE 1" = 20' JULY 9, 2002 DAVID A. EEl;S, L.L.C. LANai SURVEYING 100~4 I~TERS CREEK VA 2~0'!'~ N.B. 124 & 29 D-02162 ADJOINING PROPERTY OWNERS OF LARRY J. CONNER and RHONDA S. CONNER TAX PARCEL 1112510 547 CAMPBELL AVENUE, S.W. ROANOKE, VA 24016 Zoned LM TAX MAP NUMBER OWNER(S)/ADDRESSED 1112511 L & M Properties 541 Campbell Avenue, S.W. Roanoke, Virginia 24016 1112502 Robert P. Vest, Jr. and Ruby F. Vest c/o The Garage, Inc. 1219 Loggers Road Goodview, Virginia 24095 1112411 City of Roanoke Fire Station #3 215 Church Avenue, S.W., Room 250 Roanoke, Virginia 24011 1112422 T. M. Commercial, LLC 4331 Cove Road, N.W. Roanoke, Virginia 24017 1112421 Robert E. Zimmerman 4106 Pheasant Run Drive Roanoke, Virginia 24018 1113303 C~varyBapti~ Church 608 Campbell Avenue, S.W. Roanoke, Virginia 24016 1113401 Roanoke City School Board Jefferson High School 215 Church Avenue, S.W., Room 250 Roanoke, Virginia 24011 NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING COMMISSION TO WHOM IT MAY CONCERN: The City of Roanoke Planning Commission will hold a public heating on Thursday, September 19, 2002, at 1:30 p.m., or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., to consider the following: Request from Larry J. Conner and Rhonda S. Conner, represented by Maryellen F. Goodlatte, attorney, that property located at 547 Campbell Avenue, S.W., designated as Official Tax No. 1112510, be rezoned from LM, Light Manufacturing District, to C-l, Office District. A copy of said application is available for review in the Department of Planning Building and Development, Room 166, Noel C. Taylor Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person who needs accommodations for this heating, please contact the Department of Planning Building and Development at 853-1730 before 12:00 noon on the Monday before the date of the heating listed above. Martha P. Franklin, Secretary City of Roanoke Planning Commission Please print in newspaper on Tuesday, September 3 and 10, 2002 Please bill: Maryellen F. Goodlatte, Esq. Glenn, Feldmann, Darby & Goodlatte P O Box 2887 Roanoke, VA 24001-28876 (540) 224-8018 Please send affidavit of publication to: Department of Planning Building & Dev. Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-1730 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: Larry and Rhonda Conner for property at 547 Campbell ) AFFIDAVIT Tax No. 1112510, from LM to C-1 ) 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 23rd day of August, 2002, notices of a public hearing to be held on the 19th day of September, 2002,on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner's Name 1112511 L&M Properties 1112502 Robert P. and Ruby F. Vest c/o The Garage, Inc. Mailing Address 541 Campbell Ave., SW Roanoke, VA 24016 1219 Loggers Road Goodview, VA 24095 1112411 City of Roanoke Fire Station #3 1112422 T M Commercial, LLC 4331 Cove Road, NW Roanoke, VA 24017 1112421 Robert Zimmerman 4106 Pheasant Run Dr. Roanoke, VA 24018 1113303 Calvary Baptist Church 608 Campbell Avenue Roanoke, VA 24016 11134O1 City of RoanOke Martha Pace Franklin Jefferson Center SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 23rd day of August, 2002 Notary Public ~ My Commission Expires:~~ ~, ~'"-~%t%~ Misc. - 8/22/02 - Council Downtown Roanoke Inc. 213 Market Street · Roanoke, VA 24011 · 540,342,2028 · FAX 344-1452 www. downtownroanoke, orq · e-maih dri @ downtownroanoke.orq EXECUTIVE COMMITTEE M. HELEN BUTLER Carilion Health System Chair STEPHEN W. LEMON Martin Hopkins & Lemon, PC Chair-Elect & Vice-Chair DON J. HARRISON First Union National Bank Immediate Past Chair MICHAEL T. DITrRICH Pepsi Bottling Group Secretary & Vice-Chair G. LOGAN FORSYTH Chas. Lunsford Sons & Associates Treasurer ROBERT H. FE'I-ZER Building Specialists, Inc. Vice-Chair KENNETH RA'I-rENBURY Fret Mill Music Company Vice-Chair MARYELLEN F. GOODLA'I=I'E Glenn Feldmann Darby & Goodlatte Vice-Chair SABRENE'BLEVINS The Wallace Agency At-Large MICHAEL E. WARNER N & W Properties At-Large DAVID A. DIAZ President DIRECTORS ROBERT K. BENGTSON City of Roanoke MARK BOWER Norfolk Southern Corporation MICHAEL J. BRUNETTE NawsChannel 10 (WSLS-TV) VICTOR O. CARDWELL Woods Rogers & Hazlegmve CYNTHIA S. CASSELL Twist & Turns ELAINE FRANTZ vanBlaricom & Frantz ELLIS L. GUTSHALL Valley Bank TERRY HALL American Electric Power JAMES N. HINSON First Virginia Bank-Southwest SUSAN W. JENNINGS The Arts Council of the Blue Ridge F. GEOFFREY JENNINGS Frank L. Moose Jewelers DR. THOMAS MCKEON Roanoke Higher Education Center F. ALLAN POLLARD, II Corned Beef & Company CALVIN POWERS Guard Rail Inc. MICHAEL R. RIELEY Verizon MANJIT S. TOOR Sherertz Franklin Crawford Shaffner, Inc. DENNIS TRAUBERT First Citizens Bank WILLIAM F. TRINKLE Francis Realtors MICHAEL WALDVOGEL Waldvogel Poe & Cronk MARK W. WOODS Woods Farms WILLIAM H. CARDER Roanoke City Council Liaison August 13, 2002 Mary Parker, City Clerk Noel C. Taylor Municipal Building 215 Church Avenue, Rm 456 Roanoke, VA 24011 Dear Mayor Smith and Members of City Council: On August 13, 2002, the DRI Board of Directors voted unanimously to send a letter to Council expressing our support of the rezoning application of the parcel located on 547 Campbell Avenue. This rezoning is consistent with the Outlook Roanoke Update (downtown's master plan), which was adopted by City Council on May 20, 2002. For example, the Jefferson Center Initiative is one of the five main strategies identified in the: Outlook plan. The initiative states, "Support those efforts that help to create effective linkages with the downtown." This rezoning creates those linkages between the downtown and the Jefferson Center area by encouraging the development of a commercial use, reflecting the majority of the land uses in the downtown. Please call me at 342-2028 if you have any questions regarding this letter. Sincerely, pDra~d eA;tD i az CC: Helen Butler, DRI Board Chair Darlene Burcham, City Manager Robert Manetta, Planning CommissiOn Chair Mary Ellen Goodlatte,'Ms. Conner's (petitioner's) Attorney Greater Roanoke Region MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk~ci.roanoke.va, us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk August 2, 2002 File #51 Robert B. Marietta, Chair City Planning Commission 2831 Stephenson Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Manetta: 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 August 1,2002, from Maryellen F: Goodlatte, Attorney, representing Larry J. Conner and Rhonda S. Conner, requesting that a parcel of land containing 0.158 acres, being in the City of Roanoke, described as 547 Campbell Avenue, S. W., identified as Official Tax No. 1112510, be rezoned from LM, Light Manufacturing District, to C-1, Office District. Sincerely, Stephanie M. Moon Deputy City Clerk SMM:mh Enclosures N:\CK_MHl~R. ezonings - Street. Alley Closings.02\Conner. Rezonmg.amended.wpd Robe~ B. Manetta August2,2002 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Maryellen F. Goodlatte, Attorney, Glenn, Feldmann, Darby & Goodlatte, P. O. Box 2887, Roanoke, Virginia 24001-2887 Willard N. Claytor, Director, Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Building Commissioner Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney N:\CKMHlXRezonmgs - Street. Alley Closings.02\Conner. Rezoning.amended.wpd IN THE COUNCIL OF THE CITY OF ROANOKE~ VIRGINIA IN RE: Rezoning approximately 0.158 acres consisting of one (1) tract of land lying and being in the City of Roanoke, Virginia, and briefly described as 547 Campbell Avenue, S.W.: Tax Map No. 1112510 from LM, Light Manufacturing District, to C-l, Office District. PETITION TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioners, Larry J. Conner and Rhonda S. Conner, own the following property in the City of Roanoke, Virginia: Tax Map No. 1112510, which has a street address of 547 Campbell Avenue, S.W. Said tract is currently zoned LM, Light Manufacturing District. A map of the property to be rezoned is attached as Exhibit A. A survey showing the structures on the property is attached as Exhibit B. The property has been abandoned and in disrepair for some time. Petitioners recently purchased the property from the Secretary of Housing and Urban Development and intend to refurbish the existing structures on the property for office and multi-family use. The building fronting Campbell Avenue would be used for an office and four apartments. The building fronting 6th Street would be used for four apartments. Across fi'om the subject property is the Jefferson Center. The City's recent update to the Outlook Plan recognized the importance of the Jefferson Center and the development surrounding the Jefferson Center to the vibrancy of the City's downtown disthct. The petitioners' rehabilitation of this parcel and its proposed use would enhance development along the Jefferson Center corhdor. Because multi-family use is being requested on the parcel, petitioner recognizes that a special exception from the Board of Zoning Appeals will be required. Attached as Exhibit C are the names, addresses and tax numbers of the owners of all lots or properties immediately adjacent to, immediately across a street or road from the property to be rezoned. WHEREFORE, 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 *?~, r~ day of July, 2002. Respectfully submitted, Larry J. Conner Rhonda S. Conner By: ~ ~' ~ Maryellen F. Goodlatte, Esq. Glenn, Feldmann, Darby & Goodlatte P. O. Box 2887 Roanoke, Virginia 24001-2887 (540) 224-8018 - Telephone (540) 224-8050 - Facsimile 2 · GLENN~FE~DMAN Fax:SZlO-22~l-8~O Jul 17 2002 10:54 P. Od enn~fer Bu.~h - 5082000 I~ezon!n_~LPet;tio~.~o~ p . Larry L Conner and Rhonda S. Conner, owner~ of the properly subject to this pelition, hereby consent to this rezox~ng petition.  ~~~ Larry J. Conner Ehonda $. Conn:r 0 '111 BEARS N 03'0 o , 5' W · ~,o o.8.~ F~o~ CORN~ OLD ;/2" ~N 0~.~-, 1 6.5' ALLEY IRON PIN PORCH . BLDG. 0.1' POLE .1.9' 30.0' ?" FLUE 2 STORY FRAME °3 BUILDING NO. 547 ., (UNOCCUPIED) 24-.1' 03. PORCH OVERHEAD ELEC. LINE LOT 1,3 25.9' NAIL, SET POLE LEGAL REFERENCE: D.B. 1595, PG. 1841 (MAP) Cll'Y ENGR. FILE #!075 TAX NO. ~112510 I~mA. m~ 1'x1' CONC. N 87'10' E ~ CAMPBELL AVENUE, so' R/w OLD l~N2" S.W. NOTE: THIS PLAT IS SUBJECT TO INFORMATION WHICH MAY BE DISCLOSED BY A TITLE REPORT BY A LICENSED ATTORNEY. NOTE: THE SUBJECT PROPERTY IS LOCATED IN FLOOD INSURANCE ZONE "X" AS DESIGNATED BY F.E.M.A. SURVEY FOR RHONDA CONNER OF LOT 12, BLOCK 15, MAP OF LOTS BELONGING TO FERDINAND RORER R OA N 0 KE, VIRGINIA SCALE 1" -- 20' JULY 9, 2002 DAVID A. BE55, L.L.C t OOA PRIER5 CREEK N.B. 124 & 29 D-02162 ADJOINING PROPERTY OWNERS OF LARRY J. CONNER and RHONDA S. CONNER TAX PARCEL 1112510 547 CAMPBELL AVENUE, S.W. ROANOKE, VA 24016 Zoned LM TAX MAP NUMBER OWNER(S)/ADDRESSED 1112511 L&MProperties 541CarnpbellAvenue, S.W. Roanoke, Virginia 24016 1112502 Robert P. Vest, Jr. and Ruby F. Vest c/o The Garage, Inc. 1219 Loggers Road Goodview, Virginia 24095 1112411 City of Roanoke Fire Station #3 215 Church Avenue, S.W., Room 250 Roanoke, Virginia 24011 1112422 T. M. Commercial, LLC 4331 Cove Road, N.W. Roanoke, Virginia 24017 1112421 Robert E. Zimmerman 4106 Pheasant Run Drive Roanoke, Virginia 24018 1113303 Calvary Baptist Church 608 Campbell Avenue, S.W. Roanoke, Virginia 24016 1113401 Roanoke City School Board Jefferson High School 215 Church Avenue, S.W., Room 250 Roanoke, Virginia 24011 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 Tuesday, October 15, 2002, at 7:00 p.m., in the Council Chamber in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., on the question ofrezoning from LM, Light Manufacturing District, to C-l, Office District, subject to certain proffers, the following property: That parcel of land located at 547 Campbell Avenue, S.W., designated as Official Tax Map Number 1112510. 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. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, 853-2541, by Thursday, October 10, 2002. GIVEN under my hand this 25th day of September ,2002. Mary F. Parker, City Clerk. H \NOTICEg\N-REZC}547CAMPBEI,I,AVE101502 DOC The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times .................................................. GLENN, FELDMANN, DAR PO BOX 2887 ATTN: MARYELLEN GOOD ROANOKE VA 24001 REFERENCE: 80025065 01996356 Campbell Avenue 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 October 2002. Witness my hand and of f~ · PUBLISHED ON: 09/27 10/04 TOTAL COST: 204.82 FILED ON: 10/15/02 (2~79), as amended, the hoki a Pubdlc trlct, subject to c~Kam [ ~r 10, 2~. Signature: .... ~~___/..~___~_%~-~/ , Billing Services Representative MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk~ci.roanoke.va, us October 18, 2002 File #53-467-472 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk George J. A. Clemo, Attorney Woods, Rogers and Hazlegrove P. O. Box 14125 Roanoke, Virginia 24038-4125 Dear Mr. Clemo: I am enclosing copy of Resolution No. 36109-101502 authorizing issuance of $800,000.00 General Obligation Qualified Zone Academy Bond, Series 2002, of the City of Roanoke, Virginia, to be sold to Bank of America, N. A., for the purpose of financing certain rehabilitations, repairs and/or equipment in connection with Lincoln Terrace Elementary School. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, October 15, 2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure pc: Gloria P. Manns, Chair, Roanoke City School Board, 1727 Staunton Avenue, N. W., Roanoke, Virginia 24017 Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Cindy H. Lee, Clerk, Roanoke City School Board HSAgenda.02\October 15, 2002 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of October, 2002. No. 36109-101502. RESOLUTION AUTHORIZING TIIE ISSUANCE OF A $800,000 GENERAL OBLIGATION QUALIFIED ZONE ACADEMY BOND (LINCOLN TERRACE ELEMENTARY SCHOOL), SERIES 2002, OF THE CITY OF ROANOKE, VIRGINIA, TO BE SOLD TO BANK OF AMERICA, N.A. AND PROVIDING FOR THE FORM AND DETAILS THEREOF WHEREAS, the City Council (the "Council") of the City of Roanoke, Virginia (the "City"), has determined that it is necessary and expedient to borrow an amount equal to $800,000 and to issue its general obligation "qualified zone academy bond," within the meaning of Section 1397E of the Internal Revenue Code of 1986, as amended (the "Code"), for the purpose of financing certain rehabilitations, repairs and/or or equipment for the Lincoln Terrace Elementary School CLTES"); and WHEREAS, the City held a public hearing, duly noticed, on October 15, 2002, on the issuance of the Bond (as defined below) in accordance with the requirements of Section 15.2- 2606, Code of Virginia 1950, as amended (the "Virginia Code"); and WHEREAS, the School Board of the City has by resolution approved, and has requested the Council to authorize, the issuance of the Bond; and WHEREAS, pursuant to a commitment letter dated September 11, 2002 (the "Commitment Letter"), Bank of America, N.A. (the "Bank") has offered to purchase the Bond on the terms and conditions provided therein; and WHEREAS, there have been presented to the Council the form of the Commitment Letter and the forms of the following instruments: (a) Funding Agreement, (the "Funding Agreement"), between the City and Bank of America, N.A. (the "Bank") providing for the sale of the Bond to the Bank; and (b) Time Deposit Agreement (the "Time Deposit Agreement"), between the City and the Bank, providing for the investment of certain sinking fund payments to be made in connection with the Bond. (c) The Bond. {RKEg0770235.DOC-1 } NOW, THEREFORE, BE IT RESOLVED BY ~ COUNCIL OF TBE CITY OF ROANOKE, VIRGINIA: 1. Authorization of Bond and Use of Proceeds. The Council hereby determines that it is advisable to contract a debt and issue and sell its general obligation qualified zone academy bond in an aggregate principal amount of $800,000 (the "Bond") for the purpose of financing certain rehabilitations, repairs and/or capital equipment for LTES. The Council hereby authorizes the issuance and sale of the Bond in the form and upon the terms established pursuant to this Resolution. 2. Sale of the Bond. It is determined to be in the best interest of the City to accept, and the City hereby accepts, the offer of the Bank to purchase from the City, and to sell to the Bank, the Bond at a price of par upon the terms established pursuant to this Resolution, the Funding Agreement and the Commitment Letter. The Mayor, the City Manager, and such officer or officers of the City as either may designate are hereby authorized and directed to execute and deliver to the Bank the Commitment Letter, the Funding Agreement and the Time Deposit Agreement, each in substantially the form submitted to the Council at this meeting, which form is hereby approved. 3. Details of the Bond. The Bond shall be issued in fully registered form; shall be dated the date of issuance and delivery of the Bond (the "Closing Date"); shall be designated "General Obligation Qualified Zone Academy Bond (Lincoln Terrace Elementary School), Series 2002; shall mature on the fourteenth anniversary of the Closing Date, subject to the provision of Section 4 of this Resolution, and shall have such other terms and conditions as contained in the form of the Bond attached as Exhibit A to the Funding Agreement. The Director of Finance of the city is hereby appointed as the Bond Registrar and Paying Agent for the Bond. 4. Maturity Date~ Other Provisions. The City Manager is hereby authorized and directed (a) to extend the final maturity date of the Bond, at the request of the Bank, to reflect the longest maturity permitted under applicable law on the Closing Date for "qualified zone academy bonds" within the meaning of Section 1397E of the Code, and (b) to approve changes to the provisions of the Funding Agreement and the Time Deposit Agreement regarding the amount and timing of the Qualified Annual Deposits into the Sinking Fund pursuant to the Funding Agreement and the investment of such Qualified Annual Deposits pursuant to the Time Deposit Agreement. In such event, the execution and delivery of the Bond as described in Section 8 hereof and of the Funding Agreement and the Time Deposit Agreement as described in Section 2 hereof shall conclusively evidence such maturity date as having been so extended, and such changes to the Funding Agreement and Time Deposit Agreement as having been approved, all as authorized by this Resolution. 5. Designation as Qualified Zone Academy Bond. On behalf of the City, the Council hereby designates the Bond as a "qualified zone academy bond" for the purposes of Section 1397E of the Code. 6. Form ofthe Bond. The Bond shall be initially in the form ora single typewritten bond substantially in the form attached as Exhibit A to the Funding Agreement. {RKE#0770235.DOG-1 } 9 7. Prepayment. The Bond is not subject to prepayment at the option of the City. 8. Execution and Delivery of the Bond. The Mayor or Vice Mayor and the Clerk or any Deputy Clerk of the Council are authorized and directed to execute and deliver the Bond and to affix the seal of the City thereto. 9. Pledge of Full Faith and Credit. For the prompt payment of the principal of the Bond and all payments under the Funding Agreement as the same shall become due, the full faith and credit of the City are hereby irrevocably pledged, and in each year while the Bond shall be outstanding there shall be levied and collected annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all taxable property within the City subject to local taxation over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the principal of, premium, if any, and interest, if any, on the Bond and all other payments due under the Funding Agreement (including each Qualified Annual Deposit) to the extent other funds of the City are not lawfully available and appropriated for such purpose. 10. Tax Compliance Certificate. The Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute a Tax Compliance Agreement setting forth the expected use and investment of the proceeds of the Bond and containing such covenants as may be necessary in order to show compliance with the provisions of the Code and applicable regulations relating to the status of the Bond as a "qualified zone academy bond" within the meaning of Section 139TE of the Code (a "QZAB"). The Council covenants on behalf of the City that (a) the proceeds from the issuance and sale of the Bond, including any investment earnings thereon, will be invested and expended as set forth in such Tax Compliance Certificate and that the City shall comply with the other covenants and representations contained therein, and (b) the City will comply with the provisions of the Code to the extent necessary to ensure that the Bond continues to qualify as a QZAB. 11. Filing of Resolution. The appropriate officers or agents of the City are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the City. 12. Further Actions. The members of the Council and all officers, employees and agents of the City are hereby authorized to take such action as they or any one of them may consider necessary or desirable in connection with the issuance and sale of the Bond and any such action previously taken is hereby ratified and confirmed. 13. Election Under Public Finance Act. The Council hereby elects pursuant to Section 15.2-2601 of the Virginia Code to issue the Bond under the Public Finance Act of 1991, as amended, without regard to the requirements, restrictions or other provisions contained in the Charter of the City or local or special act applicable to the City. {RKEgO770235.DOC-I } '4 13. Effective Date. This Resolution shall take effect immediately. The undersigned Clerk of the City of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the City Council held on October 15, 2002, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify (a) that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present, and (b) that the attendance of the members and voting on the foregoing resolution was as follows: Ralph K. Smith, Mayor C. Nelson Harris, Vice Mayor William D. Bestpitch William H. Carder M. Rupert Cutler Alfred T. Dowe, Jr. Lynda F. Wyatt' PresentAbsent Aye Nay Abstain x X X X X X X X X X X WITNESS MY HAND and the seal of the City of Roanoke, Virginia, thisl?th day of October, 2002. Clerk, City of Roanoke, Virginia {RKE#0770235.DOC-1 } 4 Mr. Clemo made your requested changes. Thanks { { Leisha Cook 540 983-?728 ¢le. mo~)woodsrog¢ ~s.com WOODS, ROGEKS & I-IA ,EGRO Attorneys at Law August 28, 2002 Elizabeth K. Dillon, Esq. Assistant City Attorney 464 Municipal Bldg. 215 Church Avenue, S.W. Roanoke, VA 24011-1595 Re: Proposed $800,000 Qualified Zone Academy Bond Financing for Lincoln Terrace Elementary School Dear Elizabeth: As you may remember, last October, at the request of the Roanoke City School Board, City Council adopted Resolution No. 35606-101801 authorizing the School Board to rehabilitate the present school building at Lincoln Terrace Elementary School, authorizing an application to be filed with the Virginia Department of Education seeking an allocation of authority to issue qualified zone academy bonds ("QZABs") to finance a portion of the rehabilitation, and authorizing publication of a notice of public hearing to be held in connection with the proposed bond issuance. However, after extensive inquiry, the school system was at that time unable to find a buyer for the bond. Consequently, the public hearing, scheduled for November 5, 2001, was withdrawn fi.om City Council's docket. Under the applicable rules, the preliminary allocation by the Virginia Department of Education of $800,000 in qualified zone academy bond issuance authority to this project was carried over to 2002. Additionally, upon further inquiry it appears that Bank of America is prepared to purchase the proposed qualified zone academy bond. Accordingly, Roanoke City Schools have requested that City Council again authorize publication of notice ora public hearing on the proposed bond issuance, to be held at its October 15, 2002, meeting. A public hearing is required under the Public Finance Act before the bond can be issued. At Council's October 15, 2002, meeting, immediately following the public hearing, we would also seek City Council's approval of a final resolution approving thc final details of the bond and its issuance. The resolution authorizing pu,blication of a notice of public hearing, which I prepared and sent to you last week for Council s consideration at its upcoming September 3'a meeting, also authorizes the City School System to pay expenses of the rehabilitation project now, to be reimbursed with the proceeds of the QZAB following its issuance. For your information I also attach a one page fact sheet summarizing the proposed Qualified Zone Academy bond issue for Lincoln Terrace Elementary School. { RKE#0764588. DOC-l} P. O. Box 14125 / Roanoke, Virginia 24038-4125 10 South Jefferson Street, Suite 1400 / Roanoke, Virginia 24011 540 983-7600 / Fax 540 983-7711 Offices also in Blacksburg, Charlottesville, Danville, Lynchburg and. Richmond, Virginia August 2g, 2002 Page 2 As always, please do not hesitate to call me if there are any questions. Best regards. George J. A. Clemo GJAC:sg Encl. cc: Richard L. Kelley QUALIFIED ZONE ACADEMY BOND FACT SHEET LINCOLN TERRACE ELEMENTARY SCHOOL PROJECT GeneraL Under the Internal Revenue Code, beginning in 1998 state and local governments have been authorized to issue a limited amount of"qualified zone academy bonds" (referred to as QZABs) to finance certain specific projects, such as rehabilitation, repair, course materials, teacher training and equipment, for the benefit of qualifying public schools (such as Lincoln Terrace Elementary School) located in low income areas. The City, as issuer of the bond, pays no interest to the holder of the QZAB, so it is an interest-free loan for the City. Instead of interest, thc holder of the QZAB is entitled to a specified tax credit for each year it holds the QZAB..The amount of the tax credit applicable to any particular QZAB is fixed as of the date the City enters into a binding agreement with a purchaser to buy the QZAB, and is equal to the QZAB rate published by the federal government for that date (for example, the annual QZAB tax credit rate in effect on August 28, 2002 was 6.27%). The federal government also establishes the maximum permissible maturity for QZABs (it is currently 14 years). Thus, in essence, the federal government is subsidizing the entire interest cost oftbe loan with the tax credit. The QZAB is a general obligation of the City and counts against the City's overall debt limit. QZABs may only be purchased by banks, insurance companies and certain other financial companies. Volume Limits. The law that provides for QZABs also limits the total amount of QZABs issuers in each state can issue in a calendar year. Further, at this time thc law authorizing QZABs to be issued will expire after 2003, unless Congress extends thc program for an additional period. Virginia's allocation of QZAB issuance authority for 2002 is approximately $6.3 million. The Virginia Department of Education has the authority to allocate that QZAB issuance authority to local school boards, and has notified Roanoke City Schools that it has allocated $800,000 of Virginia's 2001 QZAB issuance authority to Roanoke Academy. This allocation was carried over to 2002, so the QZAB for Roanoke Academy must be issued by December 31, 2002, otherwise thc allocation will lapse and does not carry over to 2003. The state will have additional QZAB issuance authority for 2002 and 2003 to allocate to localities, but the City would have to reapply and there is no assurance of receiving an additional QZAB allocation from thc Department of Education this year or in 2003. Private Business Contribution Requirement. One of thc requirements applicable to QZABs is that the school for which thc QZAB will be issued must obtain written commitments from private businesses and individuals for contributions of certain goods and services with a combined present value of at least 10% of the amount of the QZAB. In thc case of Lincoln Terrace Elementary School QZAB, this means ~hat Lincoln Terrace Elementary School must obtain at least $80,000 in commitments for private contributions of goods and services in order to be able to issue the proposed $800,000 QZAB. To date, Lincoln Terrace Elementary School has received written commitments for goods and services from individuals and businesses totaling approximately $110,000, so this requirement has been satisfied. The Lincoln Terrace Elementary School QZAB The QZAB to be issued for Lincoln Terrace Elementary School will be in the principal amount of $800,000 and will be used to rehabilitate, repair and/or equip thc school. The QZAB will be sold to Bank of America, N.A. for a price equal to thc face amount of thc bond. The City will make annual sinking fund payments equal to one fourteenth of the principal amount of thc bond. The sinking fund payments will be used at maturity (thc fourteenth anniversary of the date of issuance) to pay the principal of the bond. There are no interest payments. RKE# 0764547.WPD- The Roanoke Times Roanoke, Vir. inia Affidavit of Publication The ~[~ Times ........................... 4RI¥~.£~:S-5£Ei£: GLENN, FELDMANN, DAR PO BOX 2887 ATTN: MARYELLEN GOOD ROANOKE VA 24001 '02 P4:22 REFERENCE: 80025065 01996356 Campbell Avenue State of Vir.inia City of Roanoke I, (the undersi.ned) 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 Vir.inia, do certify that the annexed notice was published in said newspapers on the followin. dates: City/County of Roanoke, Commonwealth/State of V~inia. Sworn and subscribed before me this ~ day of October 2002. Witness my hand and official seal. ~ My commission expires ~~:: PUBLISHED ON: 09/27 10/04 TOTAL COST: 204.82 FILED ON: 10/04/02 Billin. Services Representative The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times .................................................. GEORGE J.A. CLEMO, ATTY. 10 S. JEFFERSON STREET WOODS, ROGERS & HAZL ROANOKE VA 24011 REFERENCE: 80074127 01987691 Lincoln Terrace 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 Vi~ainia. Sworn and subscribed before me this ~_~_ day of September, 2002. Witness my hand and official seal. ~ My ~mi~ expire~ .... _~.,~_~ P(5.~LISHED 01;~ 09/17 09/24 TOTAL COST: 183.92 FILED ON: 09/26/02 that the Council of the City of Roamme, %IrWnla (the "Coun- Cil") Mil hold a public haadn& which ~ b~ ~ont]lll~ or adjourned, as required under applicable law, at 7:00 P.M. on October 15, 2002, at the Municipal Building, 215 Chumh Avenue, S.W. Roanot~, VIr~n- la, In ~onnectlon with the Inten- tion of the Council to ~on~der olutlon~ aplwovL,~ the l.~ue~ce estimated not to exaeed flnenclni[ certain rehabllite- in corlnectlolt with I. illo~n Ter- mae E~mentsPj ~ In the zen Intem~ted. In the Issuance of the Bonds may eppear and ~th · dl~lbillty who needs sccommodation~ to~ ~ hear- Clerk's Offloa (8E3-2~41), before ~2:00 noo~ on 1hum- day, Octob~ 10, 2002 GIv~ under my hand INs. ~Tth day of September, 2002. Ma~y F. Pammr, C~ Clem Roanoke, ~lrWnla (~98769~) _, Billin~ Services Representative MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: {540) 853-1145 E-mail: clerk@ci.roanoke.va, us September 9, 2002 File #53-467 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant Deputy City Clerk Gloria P. Manns, Chair Roanoke City School Board 1727 Staunton Avenue, N. W. Roanoke, Virginia 24017 Dear Ms. Manns: I am enclosing copy of ResOlution No. 36054-090302 (i) stating the intent of the City of Roanoke, Virginia, to issue "qualified zone academy bonds" and other debt obligations to finance the rehabilitation, repair.and/or equipping of the present school building at Lincoln Terrace Elementary School; and (ii) authorizing and directing publication of a notice of public hearing to be held on Tuesday, October 15, 2002, at 7:00 p.m., or as soon thereafter as the matter may be heard, in connection with the proposed qualified zone academy bond issuance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, September 3, 2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure pc: George J. A. Clemo, Attorney, Woods, Rogers and Hazlegrove, P. O. Box 14125 Roanoke, Virginia 24038-4125 Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Cindy H. Lee, Clerk, Roanoke City School Board N:\CKMHlXAgenda.02~September 3, 2002 correspondence.wpd IN TIlE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 3rd day of September, 2002. No. 36054-090302. A RESOLUTION (i) stating the intent of the City of Roanoke, Virginia (the "City") to issue "qualified zone academy bonds" and other debt obligations to finance the rehabilitation, repair and/or equipping of the present school building at Lincoln Terrace Elementary School; and (ii) authorizing and directing publication of a notice of public hearing to be held in connection with the proposed qualified zone academy bond issuance. WHEREAS, pursuant to a resolution adopted on October 9, 2001, the School Board (the "School Board") for the City has determined that it is necessary to rehabilitate, repair and/or equip Lincoln Terrace Elementary School (the "Project"); and WHEREAS, in order to finance the Project, the City reasonably expects to issue debt obligations; and WHEREAS, the City intends to issue a portion of the debt obligations for the project as "qualified zone academy bonds" within the meaning of Section 1397E of the Intemal Revenue Code; and WHEREAS, in Resolution No. 35606-101801, adopted October 18, 2001, the Council of the City authorized the School Board to undertake the Project and authorized and directed the City Manager or an Assistant City Manager to file an application with the Virginia Department of Education seeking an allocation of authority to issue the City's general obligation qualified zone academy bonds pursuant to the Public Finance Act and Section 1397E of the Internal Revenue Code in an amount not to exceed $1,100,000 (the "QZA Bonds") to finance a portion of the cost of the Project; and WHEREAS, the City has obtained an allocation from the Virginia Department of Education of authority to issue the City's QZA Bonds in a principal amount of $800,000; and WHEREAS, under Section 15.2-2606, a public heating is required before the QZA Bonds may be issued; BE 1T RESOLVED by the Council of the City of Roanoke that: 1. In accordance with U.S. Treasury Regulations § 1.1397E-1T0a) and § 1.150-2, it is hereby declared that the City reasonably expects to reimburse expenditures for the Project with proceeds of debt to be incurred by the City. The maximum principal amount of QZA Bonds expected to be issued for the Project is $800,000, and the maximum principal amount of other debt (exclusive of the QZA Bonds) expected to be issued for the Project is $1,300,000. 2. This is a declaration of official intent under U.S. Treasury Regulations § 1.1397E- 1T(h) and § 1.150-2. 3. The City Clerk is hereby authorized and directed to publish in accordance with applicable law a public notice of hearing in connection with the proposed QZA Bonds to be held on October 15, 2002. R~#07~I~.WP~ 4. This resolution shall take effect immediately. The foregoing resolution was adopted by the following recorded vote: Ralph K. Smith, Mayor C. Nelson Hams, Vice-Mayor William D. Bestpitch William H. Carder M. Rupert Cutler Alfred T. Dowe, Jr. Linda F. Wyatt AYE x X X X X x X NAY Attest: Cfly Clerk RKE# 0763184.WPD- MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk~ci.roanoke.va, us October 18, 2002 File #165 STEPHAN1E M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Robert B. Manetta, Chair City Planning Commission 2831 Stephenson Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Manetta: I am enclosing two copies of Resolution No. 36110-101502 approving the Southern Hills Neighborhood Plan, and amending Vision 2001 - 2020, the City's Comprehensive Plan, to include the Southern Hills Neighborhood Plan. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, October 15, 2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure pc; Mr. Linc Barrett, 4168 Joplin Road, S. W., Roanoke, Virginia 24014 Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Rolanda A. Johnson, Assistant City Manager for Community Development Martha P. Franklin, Secretary, City Planning Commission HSAgenda.02\October 15, 2002 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 2002. No. 36110-101502. A RESOLUTION approving the Southern Hills Neighborhood Plan, and amending Vision 2001 - 2020, the City's Comprehensive Plan, to include the Southern Hills Neighborhood Plan. WHEREAS, the Southern Hills Neighborhood Plan (the "Plan") was presented to the Planning Commission; WHEREAS, the Planning Commission held a public hearing on September 19, 2002, and recommended adoption of the Plan and amending Vision 2001 - 2020, the City's Comprehensive Plan (the "Comprehensive Plan"), to include such Plan; and WHEREAS, in accordance with the provisions of §15.2-2204, Code of Virginia (1950), as amended, a public hearing was held before this Council on Tuesday, October 15, 2002, on the proposed Plan, at which hearing all citizens so desiring were given an opportunity to be heard and to present their views on such amendment. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That this Council hereby approves the Southern Hills Neighborhood Plan and amends Vision 2001- 2020, the City's Comprehensive Plan, to include the Southern Hills Neighborhood Plan as an element thereof. 2. That the City Clerk is directed to forthwith transmit attested copies of this resolution to the City Planning Commission. ATTEST: City Clerk. H:~RESOLUTIONS'~R-SOUTHERNHILLSPLAN (ROANOKEVISION~ (10-21-02).WPD Architectural Review Board Board of Zoning Appeals Planning Commission CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning~ci, roanoke.va.us October 15, 2002 Honorable Ralph K. Smith, Mayor Honorable C. Nelson Harris, Vice Mayor Honorable William H. Carder, Council Member Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable William D. Bestpitch, Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Southern Hills Neighborhood Plan Planning Commission Action: Planning Commission public hearing was held on Thursday, September 19, 2002, and the Commission voted 7-0, to recommend approval of the Southern Hills Neighborhood Plan. Background: The Southern Hills Neighborhood Plan was developed over a series of four community workshops sponsored by the City's Planning Building and Development Department. The plan was developed based on an evaluation of existing neighborhood conditions and concerns identified by community residents. Planning Commission public hearing was held on September 19th and Commission discussion centered around infrastructure improvements to the Southern Hills neighborhood and proposed land use of the area. Linc Barrett (4168 Joplin Road, S.W.) and Janice Vinyard (no address provided) appeared before the Commission. Mr. Barrett's comments centered around a proposed development along U.S. 220 and the cost of infrastructure improvements. Ms. Vinyard read from a statement prepared by her daughter, which compared the neighborhood plan with the City's recently adopted comprehensive plan. Considerations: Vision 2001-2020 recommends that detailed neighborhood plans be developed and adopted for each of Roanoke's neighborhoods. The plan for Southern Hills has been reviewed by the neighborhood, by City staff and by the Long Range Planning Committee of the Planning Commission. The plan identifies five high priority initiatives: Install lines to provide public sewer to the entire neighborhood Replace inadequate water lines and install fire hydrants Improve the drainage system Realign and improve Southern Hills Drive Improve the streetscape of U.S. Route 220 The plan also includes a future land use map to guide development and zoning patterns in the neighborhood. Recommendation: Planning Commission, by a vote of 7-0, recommends that City Council adopt the Southern Hills Neighborhood Plan as a component of the City's comprehensive plan. Respectfully submitted, Robert B. Manetta, Chairman City of Roanoke Planning Commission attachment cc: Darlene L. Burcham, City Manager Rolanda Johnson, Assistant City Manager for Community Development William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Southern Hills Draft for City Council Public Hearing October I $, 2002 vision Contents: Introduction 2 Community Design 4 Residential Development 7 Economic Development 9 Infrasmacture 11 Public Services 16 Quality of Life 17 Recommendatiom 19 Implementation 25 Roanoke Department of Planning Building & Development Introduction Sore ~ zs m Tim SO~T ~ O~ T~ crrY ArOma RotrrE 220, e~ ~ to ~e ~ Mo~ P~y. Mo~ 220, Sou~em Hill~ is ~b~ ~d m~rc~y ofi~. ~ ~n~, ~ nei~~ ~ V~ W~e Rind ~ ~ R~ ~ ~ ~ low~ r~i~al ~elop~ ~ w~ ~. ~e Sm ~d Ph~ ~e ~ N~i~ ~si~ ~elop~. At ~e ~ m~ of~ ~ R~le ~ a ~e ~. So~m Hills w~ ~ ~ R~e m 1976 ~d ~ s~ midemble r~i~ ~d memi~ ~lop~t ov~ ~ p~ ~n y~. ~e ~ of m ~ h ~e R~e V~ey ~ ~ ~ p~m to ~el~ ~ ~t my ~ve ~ ov~l~ h ~ ~ ~e m ~ sl~, ~ of~, or ~ ~elop~ ob~l~. ~e p~ ~hvolv~ ~e ~nun~ h ~ ~el~t of~ pl~. P~em wo~ ~ ~m ~ ~, bu~, ~d pm~ o~ h · e ~ s~ ~d ~ of2~ ~ a ~fies ofw~ops m i~ ~ ~d Nm~ of mn~m. ~ ~m ~ ~ m ~ ~el~m of ~ ~lid~ ~ a~ h ~ pl~. Tam Mall ,/ Neighborhood Planning In 1985, Roanoke Vision, the City's comprehensive plan called for the preservation and enhancement of existing neighborhoods and recommended that city policies and actions support neighborhood revitalization and preservation. A major recommendation of Roanoke Vision was to develop plans for each neighborhood. Vision 2001 continues support for neighborhood-based planning for a livable and sustainable city. Roanoke must work to retain citizens and improve the livability of its neighborhoods. This plan recommends actions that can be carried out by citizens, the city, neighborhood organi?ations, and other supporting interests, as well as policies that are used to guide furore decisions. Neighborhood and area plans are official documents that are adopted by City Council and become part of the city's comprehensive plan. Plan Elements This plan is organized around seven major Plan Elements: · Residential Developmem · Economic Development · Infrastructure · Public Semces · Quality of Life The Community Design element looks at land use patterns and physical design features. Residential Development addresses existing and new housing oppommi- ties. Economic Development deals with commercial and industrial development in the neighborhood. The lnfxastm~ plan element evaluates tramporlation systems and utility systems such as water, sewer, and storm drainage. The Public Services element assesses Fire/EMS, police and other city services. Q~ality of Life addresses recreation oppommities, environmental issues, education, and commu- mty development. Each plan element contains information about current conditions and issues. High Priority recommendations This plan recommends five high priority recommendations: · Install lines to provide public sewer to the entire neighborhood · Replace inadequate water lines and install fire hydrants · Improve the drainage system · Realign and improve Southern Hill,q Drive · Improve the streetscape of U.S. Route 220 Water and sewer improvements were cited by residents as being their top priority. These actions are major capital improvements and will require considerable investment by the city. Careful design is needed, especially with respect to South- em Hili,q Drive, to maintain the integrity of community and promote neighborhood livability. Opportunities exist to coordinate improvements to reduce overall costs. Inevitably these improvements will encourage private investment and development. It is important that future development be well designed to respect community and environn~ntal con~,.~rns. Community Design Land Use Patterns Physical design Alzheimer's care facility at Pheasant Ridge The neighborhood has a mixture of land uses: low-density residential, high-density residential, highway commercial, office, and industrial/mining (see land use map). Lower density residential areas are in the east and northeast part of the neighbor- hood, while high-density residential, commercial, and industrial uses are located along Route 220. Generally, furore land use should be guided by existing land uses. Vision 2001 recommends that new development along the city's edges promote a positive image of the city and create a sense of amval and departure. Vision 2001 also recom- live, work, play, shop, and interact in a neighborhood setting. Major changes in existing land use patterns include: · Commercial development along a realigned Southern Hill~ Drive extending · Mixed density residential on the old Virginia Mine property and the Rockydale property west of Old Mountain Road. Dense, single family development should be the predominant land use. Development should be clustered to avoid steep slopes, use land efficiently, and retain buffers along the Mill Mountain Park- way. · Encourage infill of single family dwellings in older residential areas. Community identity Establishing a community identity was an important topic at the community workshops. Some recommendations include estabhshing gateways at the en- trances to the community. A gateway usually mists of an identification sign with a landscaped area. These projects are typically performed by neighborhood organizations with financial support from residents and the city. Street design The older residential areas of Southern Hill.~ have a rural-suburban character. Pavement widths are only as wide as necessary to support residential traffic and autos, pedestrians, and bicycles can all safely use the streets. Newer residential developments such as Southm(mt and The Summit Apart- ments have private roads and are exempt fi-om VDOT standards. These roads are generally narrow residential lanes with low speed traffic. Pheasant Ridge has dedicated roads built to VDOT standards. These roads have wider pavement widths that encourage speeding and increase storm water runoff. SouthmonL Summit, and Pheasant Ridge, with single access roads, are less connected with the surrounding street system and are disconnected from other residential areas. Existing Land Use and Zoning RS-3 Land Use Key: [-"-I Single Family Residential / Multifamily Residential I-'-'1 Mobile Home Park / Commercial ~ Industrial ~ Public/Open Space ~ Religious [--'1 Vacant Zoning Key: RA Agricultural RS-3 Residential Single Family RPUD Residential Planned Unit Development C-1 Office Commercial C-2 General Commercial HM Heavy Manufacturing Land Use Key: (-"-J Single Family Residential ~ Multifamily Residential F'--1 Mixed density Residential ~ Commercial I Industrial ~ Public/Open Space Future Land Use The Summit Apartments Residential design Homes in the older areas of Southern Hills are mostly modem one-stow ranch houses built after 1950, though there are numerous older houses in the area. Most modem housing designs are compatible with the existing housinp~ with the excep- tion of houses where the fagade is dominated by a garage. Southmont is a hillside development with large single-family houses perched on small lots. Properties have very small yards and homes are located close to the street. Garages are deemphasized by locating them on the side or rear of the house. A steep winding road provides access. The developer indicates that the high quality construction, with low maintenance requirements are attracting retirees and professionals. The hillside location provides views to the west and north. The single family portion is nearly fully developed. Pheasant Ridge is a mixed-use residential complex of massive buildings, mostly constructed of brick. Also developed along a .hillside, scenic views are available fxom most of the complex. This development is geared toward retirees and includes condominium apartments, anAlzheimers' care facility, and a nursing home. The Summit is an apartment complex of attractively designed buildings oriented around a central parking lot. Also built along a hillside, the buildings are rocked just below the ridgeline, so they are not generally not visible off the site. The tradeoffis that the facades of the buildings are recessed below the surface of the parking lot and roof surfaces dominate the site. Views are of more distant ridges and unsightly rooftops of adjacent commercial development are not visible. Commercial design Commercial design is mobile-oriented and is generally simple, utilitarian, and modem. Parking lots are located in front and dominate most business sites. Buildings are set far from the road. Hunting Hills Shopping Center provides a covered promenade that encourages pedestrian activity between businesses. Provisions for pedestrian access between commercial development are seriously lacking. Patrons visiting more than one business are encouraged to get back in their cars and drive rather than walk across the parking lot if the next store is more than a few hundred feet away. Residential Development Trends & Opportunities The population of Soutbem Hilln has increased over the past ten years and with current development trends is likely continue growth, with most of the increase in the senior age groups. The current population is about 764 residents. About 389 people are in single-family housing. The Summit apartments have 250 units with about 375 people. Pheasant Ridge and Southmont developments could add up to 488 units in the next few years, increasing the population by nearly 700 people. Pheasant Ridge is geared toward providing housing and assisted living for the elderly. At least half of the low-&nsity residential area is undeveloped and has the potential for up to 340 single-family units housing up to 650 people. Population and housing figures are estimated from housing units on city. maps because the area covered by the Census information includes several other areas. Single-family Infill There is opportunity for new housing development on the large number of vacant lots in the low-density residential areas, lots are large (1/2 acm to 3/4 acre) with the potential to subdivide further for denser development. Planned water and sewer extensions will support more single-family development. However, steep slopes present development challenges, especially in the eastern portion of the neighborhood, which may call for clustering through Planned Unit Development zoning. A variety of housing options encourages a diverse population Pheasant Ridge Much of the new population will come from Pheasant Ridge with an estimated 220-250 muttifamily, townhouse, and single family dwelling units. Assisted living and nursing home facilities are complete and construction of residential units is well under way. Virginia Mine property Development of the 50-acre parcel at the end of Southern Hills Drive could add over 100 new dwellings and over 200 people. Southmont The Southmont subdivision is a R.PUD (Residential Planned Unit Development). An RPUD allows for a mixture of housing types and limited con~nercial develop- ment. As currently planned, Southmont will add 24 single-family dwellings and 24 mulfifamily dwellings. Many of the single-family units have been completed. Rockydale Rockydale has a 30+ acre property to the west of Old Mountain Road. A portion of this property is very steep, but a large portion may be appropriate for residential development. Residential Development Opportunities Summit ~ New Single Family Residential IIIIII Single-family residential infill ~ Mixed density residential · lp Economic Deve o ment Development Trends The Route 220 comdor has seen considerable developmem over the past 15 years. Hunting Hill,q Plaza, anchored by Wal-Mart, has spurred new retail, office, and restaurant development. Commercial development is focused along Route 220 and typically has taken place on lots immediately fronting the road. Newer develop- ment extends farther off of Route 220 and, in some cases, into residential areas. The Summit Apartments property fronts on 220 and is zoned C-1 (Office-commer- cial). Given the current development, the property could be subdivided further. Though the 1985 comprehensive plan did not identify the area for furore commer- cial development, several corr~r~rcial rezonings took place during the 1990s. Hsion 2001-2020 identifies the area as a local comn~rcial center with a five- mile radius market area. With its proximity to Tanglewood Mall, a regional commercial center, the area also has the potential for drawing from a regional market. Commercial development will continue and will reinforce the area's status as a local ccamx~ercial center. The close relation of business areas to residential areas is desirable, but can sometimes create conflicts. Commonly, these conflicts arise over traffic, lighting, appearance, and noise. Carc'ful design of business sites and buildings, as well as transitional uses, can be used to reduce these conflicts so that business and residential uses can coexist in close proximity to one another. V~sion 2001-2020 encourages development of commercial centers as opposed to strip development. This plan's future land use map reinforces this idea by precluding conunercial development along US220 outside of established conmier- cial areas. Commercial development will be focused within this smaller geo- graphic area. Access Existing commercial development along Route 220 Access to commercial areas is poor and should be addressed. First, businesses are not connected to each other. Patrons must re-enter a congested Route 220 to gain access to other businesses. Better acc~s to residential areas is also needed. New developmem presents an opportunity to provide connections with existing busi- nesses and residential areas. Residents cited the close proximity to the business area as a major asset to the neighborhood, but they would like to see better access to the business area. Route 220 is a major gateway into the city and should make a good first impression. This gateway represents a recognizable edge between the urban area of the city and rural areas to the south of the city. Though some gateway elements exist, people feel it could be improved. Sl~Xsmpe improvements are needed to create an attractive corridor. The west side of Route 220 is in Roanoke County., so improvements need to be coordinated with Roanoke County as well as the ~rugi~'nia Commercial Development Opportunities Summit Old Virginia Mine Property Industrial Retail business in Hunting Hi/Is Plaza Department of Transportation. Businesses could benefit from an association to get involved in the development and funding, along with the city and county on corridor and gateway improvements. The 2001 comprehensive plan recommends gateway and su'cetscape improvements on Route 220 between the southern city limits and Franklin Road. Wrth the recom,nended muting ofi-73 away fi-om the comdor, traffic pressures will be alleviated without widening and a&h'tional commercial access points will be possible. Office development in Pheasant Ridge Infrastructure Transportation The road system in Southern Hills is rural-suburban and is made up of relatively few winding roads. US Route 220 is the major transportation eomdor for the area. As a major north-south comdor for the region, it is very cong~ and carries considerable truck traffic. This section of US Route 220 was once under consideration as a comdor for the proposed Imerstme 73. However, the route recommended by the Commonwealth Transportation Board does not pass through Southern Hills. If the new highway were constructed, much of the truffle on US 220 would be diverted to the new route. Old Rocky Mountain Road is another major road in the area. Classified as a "rural collector road," it connects US 220 with Welcome Valley Road and is also congested during peak traffic hours. Residents of the Southern Hills neighborhood have cited problems entering US 220 at Southem Lane, especially during peak hours. Realigning Southem Hills Drive to use the existing traffic light would address this problem. Street conditions are generally good throughout the area. In a few locations, roadside ditches and culverts have washed out. As with most typical suburban development, there are no curbs or sidewalks m the residential areas. Vehicle and pedestrian traffic from development of the Vivgi~'nia Mine property may create the need for a pedestrian pathway or sidewalk along Southem Hills Drive. The primary transportation concern is one of access. Vision 2001-2020 encourages interconnected streets. Piecemeal development of both the residential and commercial areas has resulted in a disconnected system. There are many undeveloped streets and dead ends. This situation results in having to drive farther to get around the neighborhood. As discussed in the Economic Developmem section, connections between businesses are irrq~ortant. The location of entrances and the lack of connections between businesses force people to go back out to US 220 to go to another business in the area. Route 220 is a major urban arterial road that provides access to the area. Much of Southern Hills is served by rural lanes. The close proximity to the Blue Ridge Parkway and the Mill Moumain Parkway Spur is a community asse~. Access between the p~y and the local commercial center and other areas of the city should be enhan~ with pedestrian/ bike paths along 220. The capacity for residential development will depend on the capacity of thc road system. Reconfiguring Southern Hills Drive from a rural lane to an urban residential access street is needed to support development of the Ytrgima Mine property and the existing lots m Southern Hills. Utilities Southem Hills was annexed in 1976 and is one ofthe few areas ofthe city lacking water, sewer, or both. While public water and sewer service are available to some of the neighborhood, it is inadequate to meet the needs of all households or support future development. Some water service exists, but the size of the line is too small to provide adequate pressure to existing households, much less handle imminent development. The water lines were installed as part ora rural water project and are undersized and made of inferior materials. Moreover, the water system is mad- equate to support fire hydrants. Sewer lines nm along Southern Hills Drive, Southern Lane, Pheasant Ridge Road, Old Rocky Mount Road, and Welcome Valley Road. To encourage residential development, adequate water, sewer, and drainage infrastructure are needed. Storm drainage is a major issue. Drainage is provided in open ditches along roadsides. These ditches converge into a canal running along Southern Hills Drive, which empties into Ore Branch at Route 220. Drainage ditches are frequently clogged, eroded, or undersized and are inadequate to meet the drainage needs for existing development. Recommended Infrastructure Improvements Greenway Connection New Road (Southern Hills Drive) Gateway Improvements Water and Sewer Improvements Street Design Improvements Parallel Access Road Poor access should be addressed with a street that runs parallel to US 220 between the existing Frontage Road near IHOP and Old Rocky Mount Road. Option # 1 would be a private/ public road through existing parking lots which already function, to some extent, as a frontage road. Option #2 is a public street directly adjacent to US 220. ~?ntage \ ~ ~...r~', Ac~ gml of bm~s~ Us~ e~st~g pav~ par~g Some s~io~ private, some public Prohd~ ~erci~ ~ontage ~n't ~e US 220 a mom d~ble s~. Existing ntage ~fion ~2 · Ac~ g~l of ~t~g bm~s~ · M~ US 220 a usable and ~-~dly s~ ~o~age · ~o~ on-s~ par~ ~d oppo~ti~ for lan~cap~g · Tra~ consol is a ~lle~ Recommended Commercial Street Designs Cc, mmercial Access Street New commercial development should be along small slow- speed commercial access A commercial access street provides access to commercial areas off of larger collector or arterial streets. It can include on-street parking (parallel or angle), street trees, and wide sidewalks. Buildings can be located at or very near the front lot line to take advantage of property frontage. Additional parking is to the side or rear of buildings. This design is appropriate for village centers as well as larger local and regional commercial centers. .i Major Arterial Stre..~ A major arterial street provides access to other parts of the city and connects the city with the region. It handles heavy traffic volumes at higher speeds (35 to 45 mph). Pedestrian and bike areas need to be well-separated l}om auto traffic. Lanes are wider to accommodate heavier truck traffic. A grass or ivy-planted center median provides an attractive break in the pavement and provides a safe haven for pedestrians to cross. Trees are planted in rows in the planting strips and center median. The center median may become a turn lane at major intersections. US 220 between the Blue Ridge Parkway and Tanglewood is designated as a future greenway. Recommended Residential Street Designs I The rural lane supports very low density residential development. These streets typically have no trees, sidewalks, or curbs. Examples include Joplin Road, Southern Hills Drive, and Van Winkle Road. Narrow pavement width encourages slow-speed traffic. Traffic volumes are low enough that pedestrians and bicycles can share the road with automobiles. Most parking is off-street, but existing pavement can support parking on one side. Existing rural lanes should be retained. New streets should be more urban, with sidewalks, and street trees. Urban Resident/al Access Stree~ The urban residential access street is an attractive traditional design with curbs, sidewalks, street trees in a planting strip, and a shared travel lane. Where off-street parking is required, one of the parking lanes can be eliminated, allowing parking on one side of the street. Narrow pavement and shared travel lane encourage slow vehicle speeds. Sidewalks on both sides of the road create a pedestrian-friendly environment. Any new residential streets should use this design. Public Services Fire/EMS protection is provided from South Roanoke, Downtown, and Riverland Road stations. In addition, a cooperative agreement with Roanoke County went into effect on January 1, 2002, to provide for Fire/EMS response from the County's Clearbrook station. Clearbrook is now the primary responder for EMS. In its first month of operation, this arrangement resulted in much faster response times. Response time to the area has been reduced from 8-9 minutes down to 3-4 minutes. Residents are very concerned about the lack of fire hydrants in the area. Fire hydrants cannot be installed until the inadequ__ate water lines are upgraded. While the lack of hydrants should be addressed, it should be noted that fire equipment being used in the area cames a large supply of water. Another concern is the need for code enforcement. Junk storage, junk cars, weeded lots, and illegal dumping detract from the appearance of the neighborhood. The neighborhood needs a pro-active code enforcement sweep to clear all viola- tions from the neighborhood. As an ongoing strategy to maintain the community, the city should work with residents to help them conduct regular sweeps, identify violations, and report them. The design of the development can discourage criminal behavior. The idea of CPTED (Crime Prevention Through Environmental Design) builds physical crime prevention measures into development. Roanoke's Police Depm~ent can provide a CPTED review and provide recon~rend_a_Oons for larger new developments and public improvements. Crime prevention measures must be balanced with overall needs for good design and accessibility. Quality of Life Recreation Southem Hills is well served by parks and recreation oppommities. The neighbor- hood has a great cormnunity asset with Sunrise Park. Stmrise is classified as a neighborhood park, which serves the immediate area (within 1/4 mile). Neighbor- hood parks are small and typically have basic amemties such as a playground and basketball or tennis courts. Sunrise Park contains a tennis court, basketball court, and a new playground. The tennis and basketball courts need upgrading and there is no lighting. The park is 1.4 acres and roughly half of the land is used. New playground equipment m Sunrise Park was recently installed. A master plan is needed to explore how the land could be best used to provide recreation opportuni- ties for the neighborhood. The neighborhood is adjacent to the Mill Mountain Parkway, which connects to the Blue Ridge Parkway. Private recreation facilities exist at Pheasant Ridge and The Summit apamne~. The Summit has a basketball court and tennis court for use by its residents. Pheasant Ridge has a walking trail. Sunrise Park is a community focus point and a gateway to the neighborhood. Parks and Recreation, m coordination with this plan, will develop a master plan for the park. The park currently has the amenities appropriate for a neighborhood park. A conunanity garden and a neighborhood history kiosk would help to make the park a community focus and build neighborhood identity. Addition of future amenities should consider the park's setting within the neighborhood and facilities such as lighting should be designed to reduce any negative impacts on surrounding residential areas. Environmental Quality Protection of the natural environment should be considered in future development. Southem Hills has multiple semitive areas with its close proximity to the parkway, steeply sloped terrain, and visible ridgelines. Future development should retain a btflYer area between it and parkway lands. An issue unique to this area of the city is steep slope and ridgelme development. At least half of the study area has an 8- 15% slope. Some 15-25% slopes exist in the area. A small area is over 25% slope. Two developments have taken advantage of the terrain of Southem Hills to provide buyers with excellent views of the city and surrounding mountain ridges. In doing so, this development can itself detract from views and the appearance of the terrain. When development occurs at the top of ridges, it leaves an unsightly gap m the tree line. Steeply sloped terrain has problems with erosion and is especially difficult to stabilize once vegetation has been removed. Roanoke is faced with the dilemma of having very little vacant land and a need to protect its environment. The challenge is resolving these issues. Approaches include mitigating and minimizing the impact of development in sensitive areas or providing incentives to preserve these areas in their natural state. In addition to having steep slopes, most of the vacant lots are now covered with mature trees. Removal of trees during developmem often results in increased drainage runoff and erosion. Development of individual single-family homes is not subject to stonnwater managemem regulations. Removal of trees for development can also negatively affect the appearance of the area. Education Children in the neighborhood attend Garden City Elementary, Jackson Middle, and Patrick Henry High School. Jackson was recently renovated and Patrick Henry will undergo major renovations within the next five years. Community Development The Southern I-[tlls area has a civic league that covers the residential areas. A civic league formed in the 1950s worked to establish Sunrise Park and get the roads improved. Anew civic league was formed in 1998 in response to commercial encroachment issues. Neighborhood groups need to be familiar with development processes so they can address future development issues in and around the area. Membership in the Roanoke Neighborhood Partnership would develop an ongoing information pipeline with city government. The group could expand into other functions such as beautification, crime watch, public education, and community events. The neighborhood could create a more unified ideffd[y through events and by establishing gateways at the major entrances to the residential neighborhood. Businesses could form an organization for comdor improvements. Recommendations Community Design Recommendations Policies: · Future developmem will be consistent with the Future Land Use Map. · Development should be defined so that the city limits signify a clear change from rural to urban character. Streets will be designed to support auto, pedestrian, and bicycle traffic. New streets and street modifications should incorporate street design principles of the comprehensive plan. (see Recommended Street Designs). When building infill housing, buildings should be consistent with the estab- hshed building line along the street. Otherwise, buildings should be built as closely as permitted to the front property line. New residential buildings should de-emphasize the garage by placing on the side or rear of the house, or by offsetting it behind the fiont ~ of the house. New commercial development must consider adjoining uses during site design. Compatibility should be addressed first by thoughtfifl site and building design rather than by screening alone. Commercial building fronts should be oriented very close to streets. Parking should be to the side or back of buildings. Parking lots should have generous amounts of interior landscaping and tree canopy cov- erage. Actions: · Develop a streetscape improvement plan for the Route 220 comdor between the southern city limits and Franklin Road. Identify opportunities to establish community identity through gateways and landmarks. Residential Development Recommendations Policies: · Support continued mixed density residential development in Pheasant Ridge and Southmont. Low-density areas should be developed with new infill single-family housing. Where feasible, multiple lots should be combined to support dense single-fam- ily cluster development. Support new residential development that uses traditional urban neighborhood development patterns with urban amemties such as sidewalks and street trees. Such development should be encouraged through appropriate zoning and sup- porting infiasmaeture improvements. New developments should accommodate mixed densities (and incomes), and must preserve enviromr~entally sensitive areas to the greatest extent possible. New development must connect to existing residential areas to the extent pos- sible. Economic Development Recommendations Policies: · Encourage further development of a local commercial center on the Route 220 corridor between Old Rocky Mount Road and Franklin Road. Limit commer- cial development to the areas designated by the future land use map. Ensure that future ccnmnercial development incorporates convenient and safe connectivity and access to residential areas and to other conunercial areas. Pur- sue opportunities to develop a conm~ercial frontage road parallel to U.S. 220. Evaluate future commercial development to ensure a good relationship to sur- rounding uses in terms of access, scale, and orientation. Limit ftmm: development to commercial areas defined on the Future Land Use map. Ensure that parking are located to the back or side of buildings and incorporate interior landscaping and tree canopy coverage. The number of parking spaces should be limited to the minimum required by ~ zonm~ ordinance. Avoid off-site impacts of commercial lighting by shielding fixtures and using lower mounting heights for light fixlures. Actions: · Develop and implement a plan for corridor improvements on Route 220 be- tween the southem city limits and Franklin Road. Improvements should focus on the appearance of the corridor and providing better access to the local com- mercial center. Extend Southern Hill.q Drive to provide a direct connection with Route 220 at the existing traffic signal. Infrastructure Recommendations Policies: · New development should seek to provide safe, convcment connections between residexaial and commercial areas and between businesses. New roads should be designed so they connect with streets at multiple locations and avoid the use of cul-de-sacs. Safe, convenient auto, txxleslaSan, and bicycle access sbould be provided tlaxa~- out the neighborhood. New streets should be designed according to the recom- mended street designs in the Infrasmacture section. Water, sewer, and storm drainage facilities should be available and adequate for existing and future development. Volume and speed of cut-through traffic in residential areas should be kept to a minimum with traffic calming, road design, and development ora commercial frontage road. Actions: · Upgrade Southem Hill.q Drive to an urban street with street trees, curbing, and sidewalks or a pedestrian path (see Infrastm~e section). Improve Route 220 to incorporate a greenway path, street trees, center me- dian, a_nd safe pedestfi~ crossings. Conduct a drainage study for the Ore Branch watershed and improve drainage facilities as needed. Improve drainage system in resid~acdal areas by improving roadside channels and enclosing the drainage canal on Southern Hills Drive. · Replace inadequate water lines in residential areas. Public Services Recommendations Policies: · The City will provide excellent fire/EMS protection to the Southem Hills neigh~ City code enforcement will ensure that the neighborhood is free of nuisance violations. · New development will consider crime prevention principles in its design. Actions: · Install fire hydmms as part of water service improvements. · Conduct a code e~fforcem~ sweep of the neighborhood Extend bus service to Hunting Hills Shopping Center and provide a sheltered stop. Sponsor semi-anunal cleanup days to pick up litter around the neighborhood and help senior or disabled residents move unwanted materials & debris to curbside for collection by the city. Distribute information about code enforcement to encourage reporting of viola- tions. · Form a neighborhood watch and actively report suspicious activities. Quality of Life Recommendations Policies: · Sunrise Park should be maintained as a small family-oriented park and serve as a community focus and gathering place. · Preserve City-owned parcels as open space, and avoid development near the Mill Mountain Parkway Spur. · Ensure that new development preserves mature trees and incorporates new tree plantings to replace those lost during development. · Encourage the use of clustered development to avoid development on steep slopes or near parkway lands. New development should design excess capac- ity in erosion control and stormwater management measures. · Support development of civic and business groups. Actions: · Develop a master plan for Sunrise Park that includes upgrades and lighting of · Seek oppommities for access fi'om the neighborhood to the Mill Mountain Parkway. · Consider new zomg regulations on development and removal of trees along ridgetops. · Arrange for restroom facilities in Sunrise Park during summer months. · Establish a community garden in Sunrise Park. · Establish a neighborhood watch program. · Put neighborhood gateway signs at Southern Hills Drive (at Griffin Road) and at Welcome Valley Road (at Parkway). Funding This table is a general guide to the resources needed to carry out this plan where costs are known. It is intended to identify, needs during budget development, but does not necessarily provide for funding. In some cases, an estimated cost is unavailable because additional assessment is needed. Estimates should be used to anticipate and plan for furore funding needs. When the property along 220 was rezoned, the commercial development was expected to generate an additional $1.6 million in tax revenue over eight years. An arrangement was made to use this increased revenue "up fxont" to improve Southem Hills Drive between 220 and Griffin road. $800,000 was alloted for the road realignment. The remaining $800,000 would be used for improvements to the adjacent residential area. This plan was developed to identify what the priority would be for use of these funds. While there are considerable infxastmcture needs in the area, residents have identified water and sewer improvements as their priority. Preliminary rough estimates are for $500,000 to make these improve- ments. If any funds were left over, they could be applied to another project in the neighborhood. It is important to note that the availability of these funds is contin- gem on development of the conmiercial area. Funding for other projects such as drainage and additional road improvements will be determined through the capital improvement budgeting process. These projects will be evaluated for funding along with the many other capital projects needed in the city. Southem Hills Drive extension (west of Griffin Rd) Upgrade Southern Hills Drive (east of Griffin Rd) and improve drainage system Replace water lines/install hydrants/and extend 5~Wl~ I III I~.~ Park improvements/portable restrooms Community garden/kiosk in Sundse Park, neighborhood gateway signs $800,000 unknown $500,000 $20,000 $3,000 Anti~patedrevenuefromcommercial development Capital improvement program Anticipated revenue from commercial Bond set asides for park improvements, parks operating budget Neighborhood organization and Partnership grants NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given pursuant to §15.2-2204, of the Code of Virginia (1950), as amended, that Vision 2001 - 2020, the City's Comprehensive Plan, be amended to include the Southern Hills Neighborhood Plan as an element of said Plan. Copies'of the proposed Plan to be considered by City Council in connection with this proposed amendment are on file in the Office of the City Clerk. A public hearing will be held before the Council of the City of Roanoke on Tuesday, October 15, 2002, at 7:00 p.m., or as soon thereafter as the matter may be heard in the Council Chambers, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, at which time citizens of the City shall be given an opportunity to appear and be heard by Council on the subject of this proposed amendment. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office (853-2541), before 12:00 noon on Thursday, October 10, 2002. GIVEN under my hand this 25th day of September ., 2002. Mary F. Parker, City Clerk. Note to Publisher: Please publish twice in The Roanoke Times on Friday, September 27 and October 4, 2002. Send Publisher's Affidavit and Bill to: Mary F. Parker, City Clerk 456, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 H:\NOTICESLN-AMEND COMPREHENSIVE PLAN (SOUTHERN HILLS).WPD The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Tim~L~~w ........................................ ~%¥ CL~ ROANOKE CITY CLERK'S 215 CHURCH AVE SW RM ATT: MARY PARKER, CL ROANOKE VA 24011 REFERENCE: 80023382 01996233 Vision 2001-02 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 V_~ia. Sworn and subscribed before me this day of October 2002. Witness my hand and official seal. -n/~ gl __~ _ _ _, _~-_,~,__~_~ __--~ iN ~ My commission expires _l~_~__i~_~ PUBLISHED ON: 09/27 10/04 TOTAL COST: 221.54 FILED ON: 10/04/02 P 4:22 NOTICE OF PUBLIC IIE~NG TO WHOM IT MAY CONCERN: · Notice is hereby given pumu- ant to §15.2-2204, of the Code* ~ Um/s C~.m~,~ ~n, in ~0. ~ ~s ~ am..~m~ am ~. file A ~MIc hea~.g Mil ~ ~ R~.~ ~. T~, O~- dl Chsm~m, N~ C. T~ M~ ~ 215 A~, S.W., R~e, ~- ia, ~ ~1~ ~ ~s ~e ~l~an ~- n~ ~and~ ~ ~ on ~ ~ ff~am a ~ a dls- (853-2541)~ before 12:00 ~ 0n ~u~, ~0~ 10, 2~. G~ u~ ~ ~ (1~) Signatu~.___~~, , Billing Services Representative NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING COMMISSION TO WHOM IT MAY CONCERN: The City of Roanoke Planning Commission will hold a public hearing on Thursday, September 19, 2002, at 1:30 p.m., or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., to consider the following: Proposed amendment to Vision 2001-2020, the City's comprehensive plan, to include the Southern Hills Neighborhood Plan. A copy of said plan is available for review in the Department of Planning Building and Development, Room166, Noel C. Taylor Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person who needs accommodations for this hearing, please contact the Department of Planning Building and Development at 853-1730 before 12:00 noon on the Monday before the date of the hearing listed above. Martha P. Franklin, Secretary City of Roanoke Planning Commission Please prim in newspaper on Tuesday, September 3 and 10, 2002 Please bill and send affidavit of publication to: Department of Planning Building & Dev. Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-1730 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk October 18, 2002 File #28-68-252-268-316-468 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 36111-101502 authorizing vacation and relocation of a portion of a main water distribution line easement from the Falling Creek Filtration Plant which runs across property known as Kingston Estates subdivision, and acceptance and dedication of a new water distribution line easement across a portion of the same property, upon certain terms and conditions, and dispensing with the second reading of this ordinance by title. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, October 15, 2002, and is in full force and effect upon its passage. Mary F. Parker, CMC City Clerk MFP:mh Attachment pc; Jesse A. Hall, Director of Finance George C. Snead, Jr., Assistant City Manager for Operations Michael McEvoy, Director of Utilities Jesse H. Perdue, Jr., Manager, Water Division H:~Agenda.02\October 15, 2002 correspondenCe.wpd 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 2002. No. 36111-101502. AN ORDINANCE authorizing the vacation and relocation of a portion of a main water distribution line easement from the Falling Creek Filtration Plant which runs across property known as Kingston Estates subdivision, and the acceptance and dedication of a new water distribution line easement across a portion of the same property, upon certain terms and conditions, and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, appropriate documentation providing for the vacation of an existing main water distribution line easement across a portion of property known as Kingston Estates subdivision, as more particularly described in the City Manager's letter to this Council dated October 15, 2002. 2. The City Manager and City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, appropriate documentation providing for the acceptance and dedication of a new main water distribution line easement, located across a portion of property known as Kingston Estates subdivision, as more particularly described in the City Manager's letter to this Council dated October 15, 2002. 3. The City Attorney is authorized to record the appropriate documentation providing for acceptance and dedication of a new main water distribution line easement, O-Kingston Estates(vacateeasement) 101502 located on a portion of property known as Kingston Estates subdivision, as more particularly described in the City Manager's letter to this Council dated October 15, 2002. 4. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. O-Kingston Estates(vacateeasement) 101502 CITY OF ROANOKE OFFICE OF THE C1TY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com October 15, 2002 Honorable Ralph K. Smith, Mayor Honorable C. Nelson Harris, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable William H. Carder, Council Member Honorable Rupert M. Cutler, Council Member Honorable Alfred T. Dowe, Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Deed of Release and Dedication and Deed of Quitc',aim The City of Roanoke Water Division was contacted by a developer, John Griffin, regarding a new subdivision named Kingston Estates he is constructing in Roanoke County. The main water distribution line from the Falling Creek Filtration Plant runs through the property he is developing. The water line has existed in this location for about 100 years. The water line runs at a diagonal through the property, as shown on the attached Plat of Survey, which impacts his planned housing layout - two houses would be less than ten feet from this line. The line is under very high pressure and could cause considerable damage to property left in its current location. Additionally, leaving the water line in its current location would make routine or emergency maintenance very difficult. The City requested the contractor to locate the water line in a new easement outside the lots in a dedicated water line easement; the new line and the new easement will be in place before the existing easement is vacated. The water line relocation has been completed and is acceptable to the City of Roanoke Utility Department. The contractor has requested the City to quitclaim its Honorable Mayor and Members of Council Deed of Release and Dedication Deed of Quitclaim October 3, 2002 Page 2 easement through the roadways which VDOT requires in order to accept the road system for maintenance. The City Attorney and the Attorney for the Developer have agreed on a Deed of Release and Dedication for the water line and a Deed of Quitclaim that is acceptable to the City. Recommended Action: City Council approve after a public hearing the execution of the Deed of Release, vacating the existing water line easement, the Deed of Dedication establishing a new water line easement and a Deed of Quitclaim for VDOT for the easement through the roadway right-of-way. Respectfully submitted, Darlene L. Burcham City Manager DLB:je Attachment C~ Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance George C. Snead, Jr., Assistant City Manager for Operations Mike McEvoy, Director of Utilities Jesse H. Perdue, Jr., Water Division Manager CM02-00216 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk August 21, 2002 File #28-468 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant 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, August 19, 2002, a public hearing was advertised to be held with regard to the vacation of an existing water line easement located on privately owned property in exchange for a relocated easement to be dedicated to the City of Roanoke; and thereafter, the City of Roanoke proposes to quitclaim a portion of the new easement to the Virginia Department of Transportation, in connection with development of Kingston Estates, a new subdivision located in Roanoke County. It was the unanimous consensus of Council to continue the public hearing indefinitely. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: George C. Snead, Jr., Assistant City Manager for Operations Michael McEvoy, Director of Utilities Jesse H. Perdue, Jr., Manager, Water Department HSAgenda.02XAugust 19, 2002 correspondence.wpd NOTICE OF PUBLIC HEARING In connection with the development of Kingston Estates, a new subdivision located in Roanoke County, the City of Roanoke proposes to vacate an existing water line easement located on privately owned property in exchange for a relocated easement to be dedicated to the City of Roanoke. Thereafter, the City of Roanoke proposes to quitclaim a portion of the new easement to the Virginia Department of Transportation. Pursuant to the requirements of § § 15.2-1800(B), 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 August 19, 2002, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. 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. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Friday, August 16, 2002. GIVEN under my hand this 7th day of August ,2002. Mary F. Parker, City Clerk. Note to Publisher: Please publish once in The Roanoke Times on Sunday August 11,2002. Send Publisher's Affidavit ~:o: Mary F. Parker, City Clerk 456, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Send Bill to: Jesse H. Perdue, Manager Water Division 541 Luck Avenue, S. W., Suite 118 Roanoke, Virginia 24016 H :'~IOT I C ES".N -Kingst one Est a~es(Vacat eEas~m~:nt ).wpd 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 01962831 Kingston Estates PH 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 August, 2002. Witness my hand and ...... Notary Public M~--~ommg~s ion expires PUBLISHED ON: 08/11 TOTAL COST: 142.68 FILED ON: 08/14/02 N01]C[ O~ PIJBI~ new ~bd~slon l~8~ In I~ on p~a~ly o~ ~ to ~ ~R~. P~ ~ q~lm a ~ Virginia Department of. Tm~. of ~15.2-1800(B), 1813, ~ ~ ~n~ (1~), m ame~, fl~e ~ her~ ~ ~ ~ ~ ~, 2~2, ~m~ M 7:~ p~., in ~e ~u~l Cham~, 4th R~, ~ C. T~ Mun~ ~iM~ 215 ~ A~, S.W., Roanoke, VJFginla, 2~11. Fu~ i~ ~ C~ Cb~ for the ~ ~ J R~ ~ (~) ~-2~ n~ to ~ ~ a~ ~ ~ir o~ on ~ ~. ~ ~'s ~ ~ (~) 8~-2~1, ~om ~:~ n~ ~ Fd~y, A~ 16, 2~. G~ ~ ~ ~ ~ 7~ (1~2~1) Authorized Signature: , Billin9 Services Representative CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com C-4 August 5,2002 Honorable Ralph K. Smith, Mayor Honorable C. Nelson Hards, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable William H. Carder, Council Member Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe Jr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: *' Subject: Request for Public Hearing for Deed of Release and Dedication Deed of Quitclaim The City of Roanoke Water Division was contacted by a developer, John Griffin, regarding a new subdivision named Kingston Estates he is constructing in Roanoke County. The main water distribution line from the Falling Creek Filtration Plant runs through the property he is developing. The water line has existed in this location for about 100 years. The City has requested the contractor to locate the water line in a new easement outside the lots in a dedicated, water line easement; the new line and the new easement will be in place before the existing easement is vacated. The contractor has requested the City to quitclaim its easement through the roadways which VDOT requires in order to accept the road system for maintenance. Honorable Mayor and Members of Council Request for Public Hearing for Deed of Release and Dedication Deed of Quitclaim August 5, 2002 Page 2 Recommended Action: Authorize the scheduling and advertising of a public hearing to establish a new water line easement and Deed of Quitclaim for the easement through the roadway right-of-way. Respectfully submitted, City Manager DLB:je C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance George C. Snead, Jr., Assistant City Manager for Operations Mike McEvoy, Director of Utilities Jesse H. Perdue, Jr., Water Division Manager -' CM02-0173