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HomeMy WebLinkAboutCouncil Actions 07-21-03 ROANOKE CITY COUNCIL REGULAR SESSION JUL Y 21, 2003 2:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order--Roll Call. FI TZPA TRICK 36429-072103 (Council Member Fitzpatrick was absent.) The Invocation was delivered by The Reverend J. Donald Earwood, Associate Pastor, Villa Heights Baptist Church. 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 Wednesday, July 23, 2003, at 7:00 p.m., and Sunday, July 27, 2003, at 4:00 p.m. Council meetings are now being offered with closed captioning for the hearing impaired. 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.ROANOKEGOV.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. REGULAR SESSION 2. PRESENTATIONS AND ACKNOWLEDGMENTS: A Resolution memorializing the late Clare White. Adopted Resolution No. 36429-072103. (6-0) File #367 Presentation by Lanford Brothers Company, General Contractors, in connection with the Murray Run Greenway. Alan G. Soltis, Vice President, Spokesperson. File #80-379-467 m 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. C-1 A communication from Mayor Ralph K. Smith requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in the request. File #110-132 C-2 A communication from Mayor Ralph K. Smith transmitting the 2003 Annual Report of the Board of Equalization. RECOMMENDED ACTION: Receive and file. File #109-110-162 C-3 A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss terms of a contract in negotiation, pursuant to Section 2.2-3711 (A)(30), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in the request. File #104-132 C-4 Qualification of the following persons: Clifford R. Weckstein as a member of the Court Community Corrections Program Regional Community Criminal Justice Board, for a term ending June 30, 2005; Darlene L. Burcham as a member of the Roanoke Valley- Alleghany Regional Commission, for a term ending June 30, 2006; Paula L. Prince as a member of the City Planning Commission, for a term ending December 31, 2004; and William B. Hopkins, Jr., to fill the unexpired term of Robert Humphreys, resigned, ending June 30, 2004; and George Kegley and Charles E. Jordan for terms ending June 30, 2004, as members of the Roanoke Arts Commission. RECOMMENDED ACTION: Receive and file. File #15-110-200-230-242-326 REGULAR AGENDA 4. PUBLIC HEARINGS: NONE. 5. PETITIONS AND COMMUNICATIONS: Request of Brian J. Wishne£f, representing Citizens for a Sensible Stadium, to present issues of concern regarding Victory Stadium. (10 minutes) (Sponsored by Mayor Smith and Council Member Wyatt) A public forum will be held on Thursday, July 31, 2003, at 7:00 p.m. at the Roanoke Civic Center, on the proposed stadium/amphitheater project. File #122 bo Council Member Bestpitch left the meeting. Presentation by the Fair Housing Board with regard to accomplishments of the Board during the past year. Brenda Powell, Chair. (10 minutes) (Sponsored by the City Manager.) Received and filed. File #110-178 6. REPORTS OF OFFICERS: a. CITY MANAGER: ITEMS RECOMMENDED FOR ACTION: Authorization to apply for acceptance into the Certified Local Government Program of the Virginia Department of Historic Resources. Adopted Resolution No. 36430-072103. (5-0) File #216-450 Acceptance of Juvenile Accountability Incentive Block Grant Program funds, in the amount of $34,706.00; and execution of an agreement with the Department of Criminal Justice Services. Adopted Budget Ordinance No. 36431-072103 and Resolution No. 36432-072103. (5-0) File #60-236-304 Acceptance of a Local Government Challenge Grant, in the amount of $5,000.00, from the Commonwealth of Virginia Commission for the Arts. Adopted Budget Ordinance No. 36433-072103 and Resolution No. 36434-072103. (5-0) File #60-236 Adoption of the Workforce Investment Area III Chief Local Elected Officials Charter Agreement. Adopted Resolution No. 36435-072103. (5-0) File #246 Appropriation of $15,000.00 in State grant funds for the Fifth District Disability Services Board. Adopted Budget Ordinance No. 36436-072103. (5-0) File #60-236-326 o Allocation of the remaining $50,000.00 from the Derelict Structures Fund grant to the Blue Ridge Housing Development Corporation; and execution of an agreement with the Blue Ridge Housing Development Corporation to renovate property located at 1018 Jamison Avenue, S. E. Action on the resolution was deferred pending clarification by the City Manager of the $70,000.00 to be committed by Blue Ridge Housing Development Corporation and $30,000.00 to be committed by Total Action Against Poverty. Further clarification was requested as to how Derelict Structures Fund grants have been used in the past and future opportunities for expenditure of funds. File #60-178-236 6 BRIEFINGS: 7. Pavement Cut Policy (30 minutes) The briefing was deferred until the August 4, 2003 meeting of Council. File #57 8. Zoning Ordinance Update (15 minutes) The briefing was deferred until the August 4, 2003 meeting of Council. File #51 7. REPORTS OF COMMITTEES: ao Request of the Roanoke City School Board to appropriate funds to various accounts; and a report of the Director of Finance recommending that Council concur in the request. Adopted Budget Ordinance No. 36437-072103. (5-0) File #60-467 8. UNFINISHED BUSINESS: NONE. 9. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 10. MOTIONS AND MISCELLANEOUS BUSINESS: Inquiries and/or comments by the Mayor, Vice-Mayor and Members of City Council. Council Member Cutler read into the record a communication from Whittington W. Clement, Secretary of Transportation, in connection with a resolution adopted by Council in support of rail alternatives to complement planned improvements to 1-81. File #316 Council Member Wyatt requested a briefing with regard to the traffic situation at Brandon Oaks Retirement Community. File #20 Vacancies on certain 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. Jim Fields, 17 Ridgecrest Road, Hardy, Virginia, spoke in support of renovation of Victory Stadium. File #122 Mr. E. Duane Howard, 508 Walnut Avenue, S. W., encouraged Council to hold the public forum with regard to Victory Stadium on a Saturday to allow for more citizen participation. File #122 12. CITY MANAGER COMMENTS: The meeting was declared in recess for two Closed Sessions. CERTIFICATION OF CLOSED SESSION. (5-0) Appointments to the following: Roanoke Valley-Alleghany Regional Commission File #15-110-326 Jennifer L. Pfister for a term ending June 30, 2006. Flood Plain Committee File #15-237 Edgar V. Wheeler for a term ending June30, 2004. THE COUNCIL MEETING WAS DECLARED IN RECESS TO BE RECONVENED AT 7:00 P.M., IN THE CITY COUNCIL CHAMBER. 9 ROANOKE CITY COUNCIL REGULAR SESSION JUL Y 21, 2003 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order -- Roll Call. (Council Member Bestpitch was absent.) The Invocation was delivered by Vice-Mayor C. Nelson Harris. The Pledge o£ Allegiance to the Flag o£ the United States of America was led by Vice-Mayor Harris. Welcome. Vice-Mayor Harris. NOTICE: The meeting was televised live by RVTV Channel 3 to be replayed on Wednesday, July 23, 2003, at 7:00 p.m., and Sunday, July 27, 2003, at 4:00 p.m. Council meetings are now being offered with closed captioning for the hearing impaired. 10 A. PRESENTATIONS AND ACKNOWLEDGEMENTS: The Shining Star Award was presented to Melissa Williams. File #80 Presentation by Emergency Medical Services recognizing 75 years of service to the City of Roanoke. Ken Harper, Spokesperson. File #70-80 B. PUBLIC HEARINGS: Mayor Smith entered the meeting. Opening of bids and public hearing for a lease extension agreement to an existing lease of City-owned buildings located at 117 and 119 Norfolk Avenue, S. W. Adopted Ordinance No. 36438-072103. (5-0) File #32-166-373 Council Member Fitzpatrick entered the meeting. Request of Boutros and Sheila Melki that a tract of land located at 926 Indiana Avenue, N. E., identified as Official Tax No. 3060505, be rezoned from RM-1, Residential Multifamily, Low Density District, to CN, Neighborhood Commercial District. Eric R. Spencer, Attorney. Denied. File #51 Request ofHASI Parmership to amend proffered conditions set forth in Ordinance No. 30040-52190, repealed and amended by Ordinance No. 31443-051793, in connection with property located at 3342 Melrose Avenue, N. W., identified as Official Tax No. 2660417. Edward A. Natt, Attorney. Adopted Ordinance No. 36439-072103. (6-0) File #51 11 Proposal of the City of Roanoke to allow encroachment into the public right-of-way of four modular newsracks, two of which are to be located near the SunTrust Building, 510 Jefferson Street, S. E., and two to be located at Market Square, S. E., near Center In The Square. Darlene L. Burcham, City Manager. Adopted Ordinance No. 36440-072103. (6-0) File #28-227-277-425 Proposal of the City of Roanoke to lease a portion of the Summit Water Tank and ground site to Nextel WIP Lease Corp., d/b/a Nextel Parmers, for installation of antennas and related equipment thereon to provide for radio and wireless telecommunications services. Darlene L. Burcham, City Manager. Adopted Ordinance No. 36441-072103. (6-0) File #373-383-468-472 C. 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. George Gunther, 3038 Melrose Avenue, N. W., expressed concern with regard to the management of Melrose Towers. File #66-178 Ray Lewis, former School Resource Officer at Patrick Henry High School, advised that he would withdraw his grievance which was filed against the Police Department if the City Manager will agree not to change the School Resource Officer Program. File #5-467 12 The following persons addressed Council with regard to Victory Stadium: Brian Wishneff, 2913 Wycliffe Avenue, S. W. Marty Gordon, 2720 Peppersfairy Road, Christiansburg, Virginia Robert Andrews, 1212 Lakewood Drive, S. W. Tom Link, 2201 Carolina Avenue, S. W. John Graybill, 2443 Tillett Road, S. W. Tom Bradley, 2042 Westover Avenue, S. W. Elliot Wheeler, 1408 Maiden Lane, S. W. Mark Hurley, 1018 Howlbert Avenue, S. W. Barbara Myler, 912 Stewart Avenue, S. E. Jim Fields, 17 Ridgecrest Road, Hardy, Virginia Richard Lucas, 3019 Corbieshaw Road, S. W. Robert Lynch, 2810 Floraland Drive, N. W. Sherman Lea, 1638 Lona Drive, N. W. The Reverend Johnny Stone, 1801 Lynn Street, N. W. Michael Flanery, 2211 Wycliffe Avenue, S. W. Angela Norman, 1731 Michael Street, N. W. Chris Craft, 1501 East Gate Avenue, N. E. Robert Gravely, 3360 Hershberger Road, N. W. Evelyn D. Bethel, 35 Patton Avenue, N. E. E. Duane Howard, 508 Walnut Avenue, S. W. Don Divers, 6112 Buckland Mill Road, N. W. Allison Blanton, 1701 Arlington Road, S. W. Bill Tanger, 257 Dancing Tree Lane, Botetourt, Virginia File #122 THE COUNCIL MEETING WAS DECLARED IN RECESS TO BE RECONVENED ON THURSDAY, JULY 31, 2003, AT 7:00 P.M., AT THE ROANOKE CIVIC CENTER. 13 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 July 25, 2003 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Ms. Martha Weise 5017 Wedgewood Road Lynchburg, Virginia 24503 Ms. Clane Sahling 129 Pinnacle Circle Laurel Park, North Carolina 28739-8956 Dear Ladies: I am enclosing copy of Resolution No. 36429-072103 memorializing your late mother, Clare White. The Members of Roanoke City Council and the citizens of the City of Roanoke send their deepest condolences. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 21,2003. Mary F. Parker, CMC City Clerk MFP:mh Enclosure H:~Agenda,O3\July 21, 2003 correspondence.wpd IN THECOUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 215t day of July, 2003. No. 36429-072103. A RESOLUTION memorializing the late Clare Stone White, a native of Roanoke and a retired editor and features writer for The Roanoke Times. WHEREAS, the members of Council learned with sorrow of the passing of Ms. White on Thursday, May 8, 2003; WHEREAS, Ms. White grew up in Roanoke and knew just about everything there was to know about the valley; WHEREAS, Ms. White graduated from Jefferson High School in 1929, and earned a bachelor's degree in philosophy and English literature from what is now Hollins University; WHEREAS, after Ms. White graduated from college, she married James Lowery White, a supervisor for Appalachian Power Company; WHEREAS, as a young woman, Ms. White taught piano lessons, served as president of the women's auxiliary of the Roanoke Symphony, played percussion with the symphony and volunteered to do its public relations; WHEREAS, in her public relations position, Ms. White worked with The Roanoke Times writing and designing promotions for upcoming concerts, and in 1966 was offered a job as the newspaper's women's editor--a position she held until her retirement in 1977; WHEREAS, as women's editor for the paper, Ms. White wrote a column, "The View From Here," and showed her love for knowledge and history through the articles she chose; WHEREAS, Ms. White won a number of awards for her writing and editing, and was one of only two Landmark Communications special writers, writing for two Norfolk papers and two Greensboro papers as well as The Roanoke Times; WHEREAS, the Roanoke Valley Historical Society commissioned Ms. White to write a history of Roanoke titled, "Roanoke 1740-1982," which was published in time for the City's 1982 centennial; WHEREAS, Ms. White volunteered her time at the History Museum organizing tours, giving lectures, editing the newsletter and serving on the board, and became one of only two permanent directors; WHEREAS, Ms. White did so much work in the History Museum's library at Center in the Square that it was named the Clare White Library; WHEREAS, Ms. White reseamhed and wrote four books: St. John's Episcopal Church, William Fleming, Patriot, a book about Green Springs, a Louisa County town, which was not published, and the aforementioned history of Roanoke. WHEREAS, Ms. White was an active member of the Shakespeare Club, an elite group of women who would read plays and write about them; and WHEREAS, Ms. White sang in the choir of St. John's Episcopal Church for many years. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Clare Stone White, and extends to her family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Ms. White's daughters, Martha Wiese of Lynchburg and Clare Sahling of Hendersonville, N.C. ATTEST: City Clerk. H:~vlEASURESXr-clarewhitememorialization.doc LANFORE) BROTHERS COMPANY General Oontraotors P.O. BOX 73:)0 ROANOKE, VA 24019~)330 540/992-2140 FAX: 540/992-2139 July 10, 2003 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Smith and Members of Council This is to request time on the City Council's agenda for Monday, July 21, 2003 to officially reeoguize the City's involvement in a partnership with the Raleigh Court Civic League, Roanoke City Schools, the Roanoke Valley Greenway Commission, Roanoke Parks and Recreation Department, and several local businesses in connection with construction of a section of the Murray Run Greenway behind Patrick Henry High School. Sincerely, Alan G. Soltis, Vice President QUALITY SAFETY INNOVATION PARTNERS IN EDUCATION MURRAY RUN GREENWAY VIRGINIA ROAD AND TRANSPORTATION BUILDERS ASSOCIATION (VRTBA) A COMMUNITY PARTNERSHIP Partners in Education Presentation to the Roanoke City Council - July 21, 2003 The Honorable Mayor and Members of The Roanoke City Council, it is a great pleasure to be here today on behalf of the local members of The Virginia Road and Transportation Builders Association (VRTBA). I am Al Soltis with Lanford Brothers Co., and a past President of VRTBA. We wanted to share our prospective of a great partnership that is taking place in our valley today, and recognize the leadership of what we believe is one of the great communities anywhere in which to live and work. Almost two years ago, we formed a partnership with Roanoke City, Roanoke County, Botetourt County, and Salem City Schools. Our partnership was designed to achieve three goals with our local students. 1*t is to reinforce with the students the importance of maximizing the opportunity they have to get a great education in our local school system; to show them that working hard in English, Math and other classes will help them to succeed in life after high school. 2na is t.o make students aware of the opportunities that exist in our industry for those who are going on to college, and for those who are going to enter the work force directly after high school. 3rd is to make students aware of the importance of being good corporate citizens after they graduate and become part of the working community; to know it is important to give back to the community where they work and live. I'm pleased to tell you that because of a tree team effort of many of our citizens, we are achieving all three of our goals. The Roanoke City school system has played a huge role in the establishment and coordination of this partnership for the entire valley. Both the Patrick Henry and William Fleming High Schools are committed to the success of our partnership. This year we worked together to built a community project that meets our third goal of showing the students the importance of being good corporate citizens. Last year, you provided a $4,500.00 grant to the Greater Raleigh Court Civic League to complete a segment of the Murray Run Greenway Trail near Patrick Henry High School. After receiving an initial quote of $17,000.00 to build this section of the greenway, the Civic League feared the project would not be completed. When we heard about the need for this project, we saw it as a great opportunity to help teach students the importance of the Roanoke Valley's greenway system, and to see private corporations giving back to their community. VRTBA's local members agreed to build this section of the greenway for the $4,500.00 in the grant, and further donated all our services to the project, so that the entire $4500.00 grant could be used to enhance our 2 Partners in Education program. Working closely with Liz Belcher of the Roanoke Valley Cn-eenway Commission and Steve Buschor and Gary Hegner of the Roanoke Parks and Recreation Department, who's department will maintain the greenway, we actually identified funds to provide additional plantings and wooden guardrall that greatly enhanced the project. The project being located adjacent to Patrick Hemy High School actually turned out to be a wonderful classroom for the students. Not only did they learn about the greanway system, they also had the opportunity to learn about the design and building of an actual transportation system. Some of the students in the applied construction class even got to participate in the actual construction process. We as the local members of The Virginia Road and Transportation Builder Association are very proud of being part of the Murray Run Crreenway project and our Partners in Education Program. We hope it is a partnership that will continue for many years to come. At our annual meeting two weeks ago, we made a presentation about this program and showed two Roanoke Valley television segments about our partnership and the greenway project. Following the presentation, the wife of one of our local company leaders came up to me and said that "the partnership was really great; it made me proud to say I was from Roanoke". We all are very proud of our City and Valley. Partnerships like this exist not only because of an association like ours but because we have school systems, a parks and recreation department, a Greenways Commission, civic leagues, corporations, and government leaders that work together to make their communities the very best. On behalf of the Virginia Road and Transportation Builders Association, we would like to present you with this special recognition for helping our partnership to succeed, and for making this valley a truly great community in which to live and work. Sincerely, Alan G. Soltis Past President of VRTBA Virginia Road & Transportation Builders Association PARTNERS IN EDUCATION "BUILDING THE FUTURE THROUGH THE YOUTH OF TODAY" 2002-2003 Adams Construction Company Associated Asphalt Branch Highways Carter Machinery Company WS. Connelly and Company Hanson Pipe and Products A.H. Harris & Sons Hayes, Seay, Mattem and Mattern James River Equipment John Lambert Associates Lanford Brothers Company Charles Lunsford Sons Protection Services Roanoke Cement Company Roekydale Quarries San-Mar-Co Scott Insurance Botetourt Technology Education Center Patrick Henry High School Roanoke City Public Schools Roanoke County Public Schools Roanoke Valley Greenway Commission Salem High School William Fleming High School Virginia Department of Transportation- Salem District RALPH K. SMITH CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S,W., ROOM 452 ROANOKE, VIRGINIA 24011- ] 594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 July 21,2003 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: I wish to request a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. incerely, p K. Smith Mayor RKS:sm H:/Agenda 031Closed Session on Vacancies.Wpd CITY OF R O tNOKE Office of the City Clerk Mary F. Parker, CMC City Clerk August 1,2003 File #109-110-162 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk The Honorable Clifford R. Weckstein, Judge Twenty-Third Judicial Circuit of Virginia Roanoke, Virginia Dear Judge Weckstein: Your communication transmitting a report of the Board of Equalization for the taxable year July 1,2002 to June 30, 2003, inclusive, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, July 21,2003. On motion, duly seconded and unanimously adopted, the communication was received and filed. MFP:mh pc: Sincerely, Mary F. Parker, CMC City Clerk The Honorable Robert P. Doherty, Jr., Judge, Twenty-Third Judicial Circuit of Virginia The Honorable William D. Broadhurst, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Charles N. Dorsey, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia N:\CKMHl~Agenda 03\July 21, 2003 correspondence.wpd The Honorable Cliffo~ R. Weckstein August1,2003 Page 2 The Honorable James R. Swanson, Judge, Twenty-Third Judicial Circuit of Virginia Rutledge W. Robertson, II, Chair, Board of Equalization, 5014 Bruceton Road, S. W., Roanoke, Virginia 24018 Randolph E. Harrison, Jr., Vice-Chair, Board of Equalization, 2311 Westover Avenue, S. W., Roanoke, Virginia 24015 Sharon L. Ramsey, Secretary, Board of Equalization, 538 Highland Avenue, S. W., Roanoke, Virginia 24016 Darlene L. Burcham, City Manager RALPH K. SMITH Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.W., ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPIqONE: (540) 853-2444 FAX: ($40) 853-1145 July 16, 2003 The Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Vice-Mayor Harris and Members of Council: Please find enclosed correspondence dated July 1,2003, from The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Virginia. Attached to Judge Weckstein's letter is a Report of the Board of Equalization for the taxable year July 1,2003 to June 30, 2004. Please note Judge Weckstein's requests and recommendations from the Board of Equalization. Judge Weckstein is most complimentary of the Office of Real Estate Valuation and staff assistance. Please note the second paragraph on page 2 of Judge Weckstein's letter suggesting that Council may want to consider an increase in the Board of Equalization per diem figure. My initial request was to have management obtain a comparison study of this request, but after a conversation with Will Claytor, who is the most qualified to assess the duties of the Board, I am convinced that the compensation is in line and would recommend that it remain at the same level. I have the greatest respect for the wisdom of Judge Weckstein and appreciate his recommendations. I would ask that this report be included on the Consent Agenda for the next meeting of Council, and thereafter received and filed. On behalf of the Members of Council, I want to thank the Circuit Court and the Board of Equalization for their assistance in this process once again this year. Rutledge Robertson, Randolph Harrison and Sharon Ramsey, have provided exemplary service to the citizens of our great Ali-America City, for which we are very grateful. Mayor RKS:jsj Enclosure Vice-Mayor Harris and Members of Council Board of Equalization Page 2 pc: The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Virginia, Roanoke City Courthouse, 315 Church Avenue, S. W., Post Office Box 211, Roanoke, Virginia 24002-0211 Rutledge W. Robertson, II, Chair, Board of Equalization, 5014 Bruceton Road, S. W., Roanoke, Virginia 24018 Randolph E. Harrison, Jr., Vice Chair, Board of Equalization, 2311 Westover Avenue, S. W., Roanoke, Virginia 24015 Sharon L. Ramsey, Secretary, Board of Equalization, 30 W. Franklin Road, S.W., Roanoke, Virginia 24011 TWENTY-THIRD JUDICIAL CIRCUIT OF VIRGINIA RECEIVED JUL 2003 MAYOR'S OFFICE CLIFFORD R WECKSTEIN, JUDGE COMMONWEALTH OF' VIRGINIA IRCUIT COURT FOR. THE COUNTY OF ROANOKE CIRCUIT COURT FOR. THE CITY OF ROANOKE CIRCUIT COURT FOR TIIE CITY OF SALEM July 1, 2003 The Honorable Ralph K. Smith, Mayor Members of the City Council City of Roanoke 215 Church Avenue, S.W., Room 452 Roanoke, Virginia 24oz1-1594 Annual Report of the Board of Equalization My Dear Mayor Smith and Members of Council: I am enclosing the original Report of the Board of Equalization for the taxable year July 1, 2003 to June 30, 2004. The Board considered 98 appeals (62 residential and 36 commercial and industrial), 36 more appeals than it heard last year. As you will recall, on December 2, 2002 Council amended City Code § 32-39, to appoint a permanent Board of Equalization, as authorized by Virginia Code § 58.1-3373. Pursuant to the amended City Code provision, the judges of the Circuit Court appointed Sharon L. Ramsey to a three-year term on the Board; Rutledge W. Robertson, II, to a two-year term on the Board; and Randolph E. Harrison, II to a one-year term on the Board. As the terms of these initial appointees expire, their successors will be appointed for three-year terms. The members of the Board unanimously requested and recommended that the Board's necessary access to computer service continue, and that the Board continue to have separate office space from that occupied by the Office of Real Estate Valuation. It is of course helpful to the Board, and beneficial to citizens who bring their concerns before the Board, for the Board to have use of an office that it is not required to share. The City's administration has provided office space and furniture that, as I understand it, continues to be available for the Board's exclusive use. The members of the Board expressed their gratitude to and appreciation for Ms. Pat Lamb, who once again served as the Board's clerical secretary. They unanimously expressed gratitude to Will Claytor and the employees of the Office of Real Estate Valuation for their cooperation in supplying property data and meeting with the Board Page 2 Mayor Smith and City Council July 1, 2003 about various properties, and for their accommodating and open attitudes. The Board expressed its trust that similar assistance will be available in the future. Under Virginia Code § 58.1-3373 and City Code § 32-39, the members of the Board "shall receive such per diem compensation for the time actually engaged in the duties of the board as may be fixed by city council." To the best of my knowledge, that per diem figure, $1oo, has not been increased since approximately 1973. This year, appeals heard by the Board increased by 58 % over the number considered for the July ~, 2002 - June 30, 2003 taxable year. The number of commercial and industrial appeals-- which the Board reports are more time-consuming, requiring more research--increased from 24 to 36. Recognizing that Council must balance increased needs against decreased revenue, Council might wish to consider whether the per diem figure set some two decades ago represents fair compensation for the diligent efforts of members of the Board of Equalization in performing their vital public function. It has been a pleasure for me to be able to work with the members of the Board of Equalization, who appear to have carried out their duties with commitment, dedication, and industry. Please let me know if you have any questions or concerns as a result of this report. I send best regards. ~orlrRi Weclrstein cc: Ms. Darlene L. Burcham, City Manager William M. Haclovorth, Esquire, City Attorney Ms. Mary F. Parker, City Clerk Mr. Rutledge W. Robertson, Jr., Chairman, Board of Equalization Mr. Randolph E. Harrison, Jr., Vice-Chairman, Board of Equalization Ms. Sharon L. Ramsey, Secretary, Board of Equalization Judges Robert P. Doherty, Jr., Jonathan M. Apgar, James R. Swanson, Charles N. Dorsey, William D. Broadhurst June 30, 2003 Clifford R. Weckstein Judge of the Circuit Court City of Roanoke Roanoke, Virginia 24011 Dear Judge Weckstein, We wish to inform you that the Board of Equalization has completed its work for the taxable year July 1, 2003 to June 30, 2004. The Board received ninety-eight (98) appeals. All properties were inspected with the following results: 98 Appeals were considered 62 Residential 32 Residential Affirmed Value 29 Residential Decreased Value 36 Conm~ercial and Industrial 18 Commercial and Industrial Affirmed Value 18 Commercial and Industrial Decreased Value 1 Appeal was withdrawn before inspection Orders dated June 25, 2003 were mailed on June 27, 2003 informing each property owner of our decision. Our thanks to the Office of Real Estate Valuation for their cooperation in supplying property data and their time to meet with us on various properties. We trust that this assistance will be available for future Boards. It is recommended that future Equalization Boards continue to have access to the computer service in their work. Also, it is recommended that future Equalization Boards continue to have seperate office space from the Office of Real Estate Valuation. The Honorable Clifford R. Weckstein Page 2 June 30, 2003 Should you have any questions, please contact us. Very truly yours, Boar~ of Equalizationlf Real Estate ssments for t~ty of Roanoke dol h ~. Harrison, Jr~ V~ce-Chairman RWR/pl CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, $.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com July 21, 2003 The Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Subject: Request for Closed Meeting Dear Mayor Smith and Members of Council: This is to request that City Council convene a closed meeting to discuss the terms of a contract in negotiation, pursuant to §2.2-3711 (A)(30), Code of Virginia (1950), as amended. Sincerely, City Manager DLB:f O; William M. Hackworth, City Attorney Mary F. Parker, City Clerk 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 Fnx: (540) 853-1145 E-mail: clcrk~ci.roanoke.va.us July 25, 2003 File #15-110-242 STEPHAN1E M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk James T. Phipps, Secretary Court Community Corrections Program Regional Criminal Justice Board 516 East Main Street Salem, Virginia 24153 Dear Mr. Phipps: This is to advise you that Clifford R. Weckstein has qualified as a member of the Court Community Corrections Program Regional Community Criminal Justice Board, for a term ending June 30, 2005. Sincerely, City Clerk MFP:mh pc: Stephanie M. Moon, Deputy City Clerk H:~Agenda.03\July 21, 2003 correspondence,wpd Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Clifford R. Weckstein, 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 Court Community Corrections Program Regional Community Criminal Justice Board, for a term ending June 30, 2005, according to the best of my ability (So help me God). Subscribed and sworn to before me this (~'~ _~ . day of 2003. ARTHUR B. CRUSH, III, CLERK ,DEPUTYCLERK N:\CKMHl~Agenda.03~June 16, 2003 Oaths.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.ronnoke.va, us July 25, 2003 File #15-110-326 $TEPHANIE M. MOON Deputy City Clcrk SHEILA N. HARTMAN Assistant City Clerk Wayne G. Strickland, Secretary Roanoke Valley-Alleghany Regional Commission 313 Luck Avenue, S. W. Roanoke, Virginia 24010 Dear Mr. Strickland: This is to advise you that Darlene L. Burcham has qualified as a member of the Roanoke Valley-AIleghany Regional Commission, for a term ending June 30, 2006. Sincerely, Mary F'. Pa~r er, CMC City Clerk MFP:mh pc: Stephanie M. Moon, Deputy City Clerk H:~,genda.03~July 21, 2003 correspondence.wpd Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Darlene L. Burcham, 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 Valley-Aileghany Regional Commission, for a term ending June 30, 2006, according to the best of my ability (So help me God). Subscribed and sworn to before me this/~' day of-.-~ ~ 2003. / ARTHUR B. CRUSH, III, CLERK , DEPUTY CLERK H:~Agenda.03\July 7, 2003 Oaths.wpd CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk July 25, 2003 File #15-110-200 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Martha P. Franklin, Secretary City Planning Commission Roanoke, Virginia Dear Ms. Franklin: This is to advise you that Paula L. Prince has qualified as a member of the City Planning Commission, for a term ending December 31,2004. Mary F. Parker, CMC City Clerk MFP:mh pc: Stephanie M. Moon, Deputy City Clerk H:~Agenda.O3\July 21, 2003 correspondence.wpd Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Paula L. Prince, 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 Planning Commission, to fill the unexpired term of S. Wayne Campbell, ending December 31, 2004, according to the best of my ability (So help me God). ARTHUR B. CRUSH, III, CLERK ,DEPUTYCLERK H:~genda.03~July 7, 2003 Oaths.wpd CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk July 25, 2003 File #15-110-230 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Judith M. St. Clair, Secretary Roanoke Arts Commission Roanoke, Virginia Dear Ms. St. Clair: This is to advise you that William B. Hopkins, Jr., has qualified to fill the unexpired term of Robert Humphreys, resigned, ending June 30, 2004; and George Kegley and Charles E. Jordan have qualified for terms ending June 30, 2004, as members of the Roanoke Arts Commission. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh pc: Stephanie M. Moon, Deputy City Clerk H:~Agenda.03~July 21, 2003 correspondence.wpd Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, William B. Hopkins, Jr., 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 Arts Commission, to fill the unexpired term of Robert Humphreys, resigned, ending June 30, 2004, according to the best of my ability (So help me God). Subscribed and sworn to before me this E day of ~u (~ 2003. ARTHUR B. CRUSH, III, CLERK '7. , DEPUTY CLERK N:\CKMHl~Agenda,03\June 16, 2003 Oaths.wpd Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, George Kegley 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 Arts Commission, for a term ending June 30, 2006, according to the best of my ability (So help me God). Subscribed and sworn to before me this~dday o~c~ 2003. ARTHUR B. CRUSH, III, CLERK BY~ __ ,DEPUTYCLERK N:~CKMHl~Agenda.03'tJune 16, 2003 Oaths.wpd Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Charles E. Jordan, 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 Arts Commission, for a term ending June 30, 2006, according to the best of my ability (So help me God). Subscribed and sworn to before me this _J_~ day of.~ 2003. ARTHUR B. CRUSH, III, CLERK ,DEPUTYCLERK N:\CKMHl~.genda.03\June 16, 2003 Oaths.wpd RALPH K. SMITH Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W. Noel C. Taylor Municipal Building, Room 456 Roanoke, Virginia 2401I - 1536 Telephone: (540) 853-2541 Fax: (540) 8534145 July 21, 2003 Council Members: William D. Bestpitch M. Rupert Cutler Alfred T. Dowe, Jr. Beverly T. Fitzpatrick, Jr. C. Nelson Harris Linda E Wyatt The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: We jointly sponsor a request of Brian J. Wishneff, representing Citizens for a Sensible Stadium, to present issues of concern regarding Victory Stadium at the regular meeting of City Council on Monday, July 21, 2003, at 2:00 p.m. i~ncerely, Mayor Linda F. Wyatt Council Member RKS:LFW:sm pc: Darlene L. Burcham, City Manager H;~AGENDA 031COUNCIL FORM LETTER FOR AGENDA FFEMS.DOC Starcityflyer @ aol.com 07/15/2003 08:46 PM To: Stephanie_Moon @ ci.roanoke.va,us cc: Wishneff @Wishneff.com Subject: Request for Council Dear Ms. Moon: I know we are down to the wire on this. Mr. Brian Wishneff (Citizens for a Sensible Stadium) would like to address Council this coming Monday evening, July 21, 2003, 7pm session. He has received the endorsement of Linda Wyatt, and Mayor Smith. He plans on discussing the merits, of letting the voters decide on concerning issues of Victory Stadium. Would you Please list him accordingly. I telephoned Mr. Wishneff late this afternoon and informed him of the need to do this in writing. I hope this request would suffice should he not get my message in time. Sincerely, Duane Howard Citizens for a Sensible Stadium '~ ~ (~<o ~ _. ~ ~ ~' -~ ~- ~ ~-' o~ -- oo ~ ~ 8 ~ ~-~ ~ ~ ~ ~ ~ o8 ~ ~ Z Z 0 0 o~ -~ ~ .CD 0 ~._ ~ ~ - ~ ~ ~ -=. '~ ~. ~ ~' ~. 8 ~ o ~ _.~ Dp. ~_ 8 q ~. ~ ~ D'_ _ ~ o -. ~ o~.~ o ~ o ~ ~ Chronology of Studies and Cost Estimates January 1996 Hoary International and Hammer, Siler, George completed a feasibility analysis for renovation of Victory Stadium. Developed four renovation and one replacement options as follows: Basic infrastructure remediation; 24,000 seats $6,524,977 (Retrofit existing restrooms and locker rooms, ADA Accessibility improvements, updated lighting) Complete renovation of existing stadium; 24,000 seats $8,763,174 (Renovation and addition of public restroom and concession spaces, new locker rooms, press box and entry gates, ADA Accessibility improvements, updated Jighting) Removal of West Grand Stands; 19,144 seats $12,259,363 (Replacement of west stands with new 5,000 seat stands, renovation and addition of public restroom and concession spaces, new locker rooms, press box and entry gates, ADA Accessibility improvements, updated lighting) Removal of lower portions of each grand stands; 15,296 seats $14,625,000 (Elevated concourse, raised playing fiefd, covered stage area, new press box, locker rooms, entry gates, public restroom and concession spaces, and renovated grand stands) 5. Construct New Stadium; 15,000 seats $21,679,134 June 1999 One additional replacement scenario was developed by HOK Sports. Highlights included a lowered playing field surrounded by a raised berm for flood protection. New stadium would be in existing parking lot with 3,000 permanent seats inside berm and 3,000 expansion seats on top of the berm, and removal of the current Parks and Rec building. Apparently, no cost estimate was provided. September 1999 Variations on the HOK returned the berm stadium to the existing Stadium site. April 2000 Rosser International completed an analysis on stadium and recommended that Victory Stadium be demolished and a dual use facility be build on property North of Orange Avenue. Total project cost $15,125,733 and includes covered amphitheater staging facilities, land acquisition, parking, bridge over Orange Avenue and demolition of existing stadium. Presentation with recommendations made to City Council on June 19. August 2000 Rosser International completed an analysis of options at the current Victory Stadium site as follows: Drawing provided based on Option 4 of the Heery Study for renovation of the Stadium. Current costs estimated at $17,793,549. la. Renovation of existing stadium, adding end stage for concerts $15,969,855 July 20, 2003 Stadium/Amphitheater: an Evaluation Process Presented by Barry L. Marsh, Architect and CertNed Value Specialist The City of Roanoke and the Roanoke Valley has a great logo and tag - Star City of the South. Now, it's time to determine if the star is a brilliant burst of light or just a dull glow. Place of Destination For a place of destination, the Roanoke Valley is strategically located along Interstate 81. The nearest cities along or near Interstate 81 with similar population to the 'Valley" are Washington/Baltimore area - 4.5 hours to the northeast, and Knoxville - 4 hours to the southwest. In North Carolina the cities of Greensboro, Winston-Salem and High Point- known as the "]'dad', are an easy 2-hour drive to Roanoke. To observe market area population, income and adult education, please connect with www. diqital atlas of the United States. This data will reinforce that Roanoke is a "offering" market for entertainment. And, this information implies that offering of entertainment must be at a high level to compete. To compete, Roanoke must make the right decision but the task can be done right. And decision-makere must make decisions founded on function and expectations instead of avaitability and emotions. Entertainment Markets and Population Centers In addition to the areas connected by Interstate 81, Roanoke has the potential of attracting the North Carolina market- Raleigh/Durham Research Triangle area - 3.5 houm to the southeast, and Greensbero/Winston Salem/High Point Triad -- two hours to the south. Another market area is West Virginia - Bluefield, Beckley, Charleston and Lewisburg. For concert entertainment, Roanokers will travel to Massasses, Columbia, Norfolk, Raleigh, Greensboro and Charlotte, and the read leads both ways. For example, the Nissan Pavilion is an amphitheater located in Massases, Virginia. The amphitheater's capacity is 25,000 plus guests. There are 10,000 reserved seats located under a shelter and 15,000 spaces available on the lawn. The pavilion has two 30 feet by 40 feel video screens. Ample parking is provided via open fields. In Raleigh, North Carolina is the Walnut Creek - AIItel Pavilion. This totally open-air pavilion seats 20,000 people. Theree are 7,000 reserved seats and 13,000 spaces available on the lawn. The Greensboro, North Carolina Coliseem hosts interior events. The facility has 5,200 parking stalls and will accommodate 23,000 plus "concert goers.' Based on population within a 4 hour driving radius and the proven history that 'concert goers' will travel, there is a reliable and proven market for amphitheater or pavilion venue entertainment. If corredJy implemented! Decision-Making Process To locate, program, plan and administrate an entertainment venue, decision-makers must agree on one key factor - venue's major or ultimate project function. In this case, a function is the intent or purpose for which the entertainment venue exists. And, there can be only one reason or function that supports the venue or activity. An example, the function of the amphitheater is to 'support entertainment' and the activity is a "concert." Key features that affect the ability to 'support entertainment" will include location, facility design, quality and type of performance, marketing and revenue. If decision-makers try to impose mulfi-key functions, the projecl objectives are compromised in location, design performance, revenue, and experience and positive memories. For effective planning, decision-makers must reach consensus on the project or venue's ultimate function. Without this consensus, the project has no reason to exist. Project decision-makieg is no longer subjective. Now, decision validity is based on alignreent with agreed ultimata project or venue function. When project decision does not align with the ultimate function, the decision will negatively impact project components. To be better than the best, a focused total value solu§on is imperative. Entertainment success is related to a holistic approach to event planning and project components. And, no one component is greater than others. All event components must be complimentary, and if one component within the total event is marginal, the total venture will suffer. In order to construct and operate a successful entertainment venue, decision-makem must understand, analyze and develop consensus on event components. If component concessions are collaboratively made, thec decision-makers must evaluate the impact on the total operations - location, design performance, performer, event quality, experience, and net revenue. Net revenue relates to entertainment venue and its surrounding community. Unfortunately, project or component concessions will impact community and private investment greater that event revenue. In general, cities have few opportunities to correct their mistakes - especially expensive and high profile projects. For risk management, please tind below an initial entertainment component listing. These components formulate and establish the success for the venue - location, design performance with suppeR, performer, and marketing and revenue. As staled, these components are complimentary. If the basic venue components are evaluated, justified and correctly implemented, the project is a success. But if one component fails, the venture is jeopardized, and community or venue impact must be re-evaluated. The following components are an initial guide to evaluate present or future venue directions: Venue Components Macro Location Roads network and air travel Area traffic Lodging, food and shopping Adjacencies - inbound noise and light pollution Micro - Site Control points for entry and egress Parking to include tailgating space Patron's conform - security, lighting and toilet facilities Adjacencies -- outbound noise and light pollution Pavilion Design - create a positive first impression Design - event to promote goodwill and willingness to return Design -- covered seating and open-air Design - seating types and location, and various price points - reserve seats to general, and corporate sec'don Design - to attract quality and current performances; size venue to entertainment level; major shows command 20,000 patrons Design layout and seating arrangement - close proximity to performer and view lines Design -- Quality sound and theatrical lighting Design - User friend stage and rigging Design - safety and lighting: pre-event, event and exiting Design - accommodate corporate and community sponsors Design - Oversize video screens Design - be better than the best; better does not equate to expensive design solutions, better connects to creativity and quality Pavilion Support Permanent building for concessions and event sales Permanent toilet areas Gathering areas for corporate/community sponsors Large paved areas for general gathering Landscaping and signage theme Pre-event, event and post event maintenance Marketing Pre-active marketing is essential. The day of "build it and they will come" is over. Identify through positive impressions and a strong logo Price points - people will pay for quality environment, performers and memories Pen~ormancesUser friendly design A~active accommodations Support sound, light and video systems that enhance the performer and show Offers positive and lasting impressions; willingness to return Above average compensation for quality shows Patrons Positive experience - design, support and entertainment Promote an experience with positive lasting memories Return to Roanoke Valley for entertainment, lodging and shopping Consider relocation to the Roanoke Valley- residence and/or business Notice that revenue is not a prime component. Revenue is the result of component evaluation and follows project decision-making. Revenue is the reward of value dedsion-makiog. This examination process is effective. The value approach to design is answering the tough questions. But most importantly, the process requests derision-makers to fully undemtand the project impact. This process transfers project decision-making Eom the consultant to the Owner. This process places Owners in control of the venue program and in command on program spending and revenues, This process helps protect the community and community investors. But most importantty, project decision-making is no longer subjective. Based on repo~, there are two venue sites -designated area along Interstate 581 and Victory Stadium. Since these areas are currently under investigation, use the following steps to evaluate and test previous decision-making. 1. Establish consensus on the 'Ultimate Funclion' 2. Brainstorm Venue Components. A non-judgement opportunity to generate a list, and openly discuss each component. Establish consensus on component's means to the venue. Remember this task is non-judgmental. 3. Establish the study areas such as Victory Stadium and desired location along Interstate 581. 4. Compare each selected study area to approved venue component list. Establish component impact on study area and weight impact. Observe findings for each study area 5. Compare the two study areas 6. Select two potential competitors and conduct the same investigation 7. Compare finding to 1-581 site and Victory Stadium 8. Evaluate your ability to be better than the best; competitive edge 9. Evaluate potential entertainment revenue to capital request, maintenance, marketing and other ove~ead expenses On completion of the task, reverse the process. 1. Use the above guide to locate the ultimate site 2. Compare the new site to your competition 3, Establish level and quality of potential entertainment and potential revenue 4. Develop a project planning budget to request capital funding 5. Establish overhead and maintenance budgets 6. Assure a positive revenue stream 7. Compare all studies 8. Compare results of study and competition 9. Create a marketing and venue competitive edge. Take the challenge and regain control of this venue decision. Roanoke and the Valley have in place the correct intrastructure to meet venue entertainment demands. Let's shift this infrastructure from an overhead environment to the positive side of the balance sheet. Let the City, Valley, merchants, and private investors win. Take control and stop relying on others to make Roanoke work. Let the star shine bright not just continue to glow. Thank you for your time. by, Roanoke, Virginia 24015 540.342.0501 WHAT DO THE BEST KNOWN, MOST PRESTIGIOUS FOOTBALL STADIUMS IN THE UNITED STATES HAVE IN COMMON? 1. Rose Bowl 1922 2. South-Bend-Notre Dame 1930 3. Scott Stadium-UVA 1931 4. Orange Bowl 1935 5. Univ. of Michigan 1927 6. Ohio State 1922 7. Oklahoma 1923 8. Univ. of Tennessee 1921 9. Univ. of Alabama 1929 10. Univ. of Nebraska 1923 11. Univ. of Florida 1929 12. UCLA 1923 13. USC 1923 14. Stanford 1921 15. Univ. of Colorado 1924 16. umv. of Arizona 1928 17. Auburn 1939 18. Univ. of Georgia 1929 19. Georgia Tech 1913 20. LSU 1924 21. UNC 1927 22. Duke 1928 23. Clemson 1942 24. Univ. of Texas 1924 25. Cotton Bowl 1932 26. Texas A&M 1927 27 Univ. of Washington 1920 28. Univ. of Wisconsin 1917 29. Univ. of South Carolina 1934 30. Oklahoma State 1920 31. Purdue 1924 32. Univ. of Iowa 1929 33. umv. of Mississippi 1941 34. Univ. of Kansas 1921 35. Univ. of Missouri 1926 z~tt~cl/JI~[ j Roat~oka 'VYctory Stadium RenovationlR~placernent Study Rosser international This budget includes costs anticipated thrOugh August, 2001 Budgets Include allocations for items which may not be required fn specific breakdowns IBUDGET ANALYsiS: $CHF_.~E t.1 MINIMUM REWORK. OF EX/STING 15 Feb2001 Stadium Only (amphJtheatre functions by portable/temporary ?tern Description : 1 Site Cieadng ' Demolition ; 2 ·Rough Grading ~ 3 Fine Grading 4 UtilYties Ext/Re/ocation i. $ imported Fill ~ 5 M/la Haul Reta'lning Walls ~ B Field Development ~ 7 400 M track B Landscaping 9 Access Roads 10 Marshalling Area 11 Plaza Elevated Concourse Access Stairs ~ Coating ever unused Seating Renova'~e S. torage areas 12 Surrounding Wail Truck Encloeure (20' high) SecuH~ Fence (10' high) 13 Seating Structure i GeneraJ Concrete Repair ; Repoinf:/Repair Masonry .r~ 4¢r ADA, Signage, etc I~ ~ Disabled Seating areas L~.' ~11~ OisabJed Access ramp~ · 4¢414 Seats-Replace W/Alum. ~ Chair Seats 1 $ Roof over Seating 16 Stage Building 17 Spectator Support (C & T) 18 Performer Areas 19 Offices Press Box Elevetsr W/Enclosure affangement) no. Unt~ Upit $ perun~ '140000 SF 0 CY 13 acres 4 utiMles O CY 0 SF 1 Field . OSF 50000 SF 65000 SF 0 SF 15000SF 25000SF 12 Ea 90000 SF 20000 SF $ 8,000 $5 - $ 5,000 $ 75,000 528 250,000 512 53 $3 $4 $2 525 20,000 0 LF $ 30 1000 LF $18 · 140000 SF $ 4 440q0 SF $ 3 39000 SF $ 2 7000 8F $ 25 4000 SF $ 25 8000 Benches W $ 45 ~ 2000Bea~ .~ $80 ~ 0 SF $ 40 o SF . $ 70 7000 SF $ ~20 8000 8F $ ~20 1000 8F $100 3800 SF $120 2EACH $ 90,000 cast $ 48,000 $140,000' $-0 $ 65,000 $ 300,000 $-0 $-0 $ 250, gO0 $-0 $150,000 $195,000 $-0 $ 30,000 $ 625,000 240,000 270,000 qj¢- $ BO, O00 $-0 ~-0 16,000 $ 550,000 $132,000 $ ~,ooo $17~,000 $ ~oo,ooo ~ $ 380,000 $160,000 $-0 $-0 $ 840,000 ~720,000 10o,000 432,0o0 180,000 20 Box O~ca/'t'ickets/Storage 21 System Requirements Scoreboard PA System Lighting/Site Concession Equip Video replay system 22 SUBTOTAL ' 2 ' 3 Program & Design Contingency ~24 SUBTOTAL- Construction Cost 25 Soft Costs Surveys, soils, testing Prqfesstona Fees Reimbursables & ODC tn Progress Contingency FFE Allocation .26 TOTAL, Project Cost-Stadium Parking 27 New Parking Spaces Storm Drainage 28 Program & Design Contingency 29 SUBTOTAL-Construction Cost 28 Soft Costs 29 Total, Project Cost- Parking 30 Overall Total, Stadium & ParMng 500 'SF I allow 1 allow I allow 1 allow 1.0% 7.0% 1.5% 4.0% 4,0% 700 spaces 6 acres $135 ' $ 40,000 150,000 200,000 100,000 150,000 10% 17.5% $ g00 8,000 10% 17.5% $ 67,500 ' $ 40,000 1 50,000 200,000 1 00,000 $-0 6,803,500 680,350 $ 7,483,850 -~ $1,309,674 $ 8,793,524 :. $ 630,000 $ 48,000 $ 83,000 $ 741,000 $129,675 $ 870,675 $ 9,664,199 To Relocate The Fountain Add $85,000 Attachme 4 Brian Wishneff From: Michael Pulice [MPulice@dhr. state.va.usJ Sent: Tuesday, June 17, 2003 9:20 AM To: 'Andy Blanton'; Michael Pulice; David Foster; Anne Beckett; Whitney Feldman; bob fetzer; matt prescott; Chris Chittum; Mark Clark;, Janet Scheid; Elaine Powers; Joel Richert; Nancy Biassing; Rob Logan; CHartie Blankenship; LINDA HARRISON; Norrna Jean Peters; Kent Chrisman; Leslie Giles; Mary Beth Layman; Dave Robbins; Al McLean; Brenda McDaniel; George KegJey; Milch Bowman; Steve Pames Subject: Victory Stadium Dear Al/, Lanaman<s Negister and the National ~ Register of Historic Places. in fact, the overwhelming fee ing I get from informal discussions is that we strongly ~.J t'--believe that it is eligible. J personally have little doubt that it is. Therefore, we are not only willing to process a register application, but I even offered to prepare the application, in a conv~sation with Alison weeks ago. However, as AJison acknowledged, we cannot legally proceed with the process without the Ciys psrrnission and · a signature. If anyone can convince cibj council to vote in favor of seeking designation, we will proceed immediately. Mike Pulice Architectural Historian Roanoke Regional Preservation Office V~rginia Department of Historic Resources 1030 Penmar Ave SE Roanoke VA 24013 540-857-7586 fax: 540-857-7588 ----Original Message----- From:Andy Blanton [maiJto:andrew. blan~n@prcdigy.net] Sent:: Tuesday, June 17, 2003 12.'~.7 AM To: Mike Pulice; David FoYer; Anne 8eckett; WhEney FeJdman; bob fe~zer; ma~: proscan; Chris ChJtbJm; Mark Clark; Janet Scheid; Elaine Powers; Joel PJcher~; Nancy Biassing; Rob Logan; CHarlle BJankenship; .LINDA HARRISON; Norma Jean Pet:ers; Kent Chrtsman; Leslie Giles; Mary Beth Layman; Dave Robbins; AJ Md.san; Brenda Mc. Daniel; George Kegley; Mib:h BoWman; Steve Parnes Subject: reiJwaJl( and picnic? ~ Thanks to everyone again for your input on the naming of the rsilwalk. The votes are in and while they were close, the majority did vote for the N&W Railwalk. (N&W- 7, Roanoke Railwalk - 5, O. Winston Link- 3). I will fax the attached lette~ to the Planning Commission. i'm not sure what kind of impact ~f will have, but at least we have responded to their inv~tJon to comment. If anyone feels strongly in support of one cf the'other choices, feel free to attend the Planning Commission meeting as an individual and express your support - the meeting is on Thursday 6/19 at 1:30. As for the picnic??? If it is still ac~vely raining (we're learning to go on with life when it's just misting/drizzling J), we will simply have a board meeting in the RRPO conference room at 5:30. will be out of town until then, so just use your best judgementl Thanks, Alison 6/23/03 Project Costs Victory Stadium $10,000,000 (Rosser Estimate 2/01, +12,000 seats, -coating) State Historic Tax Credits $10,000,000 (project cost) (1,700,000) (cash from sale) $8,300,000 (true City cost) State & Federal Historic Tax Credit $10,000,000 (project cost) (3,500,000) (cash from sale) $6,500,000 (true City cost) Assume 100% borrowed funds Assume 100% borrowed funds $8,300,000 (4.75% ~ 20 years) $6,500,000 (4.75% ~ 20 years) $645,000 (annual City debt) $505,000 (annual City debt) htlp://www.freep, com/sports/]ion~arch21_20020821 .hlm f eep mix with 'old-timey' model August 21, 2002 BY JOHN GALLAGHER FREE PRESS BUSINESS WRITER Every now and then a shift in amhitectural thinking redefines how buildings look for years to come. The most recent shift in sports architecture took place in 1992, when Odole Park at Camden Yards opened in Baltimore, designed by HOK Sport amhitects for the Odoles baseball team. Gone were concrete bowls built in the cornfields, surrounded by acres of asphalt. The new look for stadiums blended nostalgia for the past with modern amenities in a downtown setting. The new Ford Field that opens this week takes the updated "old-timey" model established by Camden Yards and does it one better. In fact, Ford Field may do for domed football stadiums what Camden Yards did for baseball parks. The most notable achievement is the way Ford Field knits itself into the fabric of downtown. Even more so than Camden Yards, Ford Field blurs the line between the stadium itself and nearby streetscape. It does this chiefly by incorporating the Hudson's warehouse, a complex of old brick buildings, into the south edge of the new building. There is no dramatic break or boundary; the east-west Adams Street continues as a concourse dght through the stadium. "1 think overall it's a pretty powerful building," said Steve Vogel, dean of architecture at the University of Detroit Memy. 'q'he whole concept of renovating the Hudson's warehouse is great. The stadium could have been overwhelming in its scale. But the warehouse introduces the building into the city a little easier." BROWSE THE LIONS PHOTO GALLERIES Ford Field also updates the Camden Yards model with distinct local touches and several modernist motifs. 1 of 3 7/19/2003 10:09 PM Brian Wishneff From: Sent: To: Subject: E. Wayne Harris [ewharris@infionline.net] Tuesday, May 27, 2003 2:13 PM Brian Wishneff Re: Question e ehad no immediate plans to relocate the Transportation operation. Thi~ cision was driven by the new stadium. E. Wayne Harris At 09:30'AM 5/27/03 -0400, you wrote: >Wayne & Cindy: >I need a yes or no answer to the following quest/on. >But for the City's proposed new stadium/amphitheater would the school system >have built a new bus barn? > Thanks ,' >Brian Sincerely, Dr. E. Wayne Harris(PLEASE NOTE MY E-MA/L i~DDP~ESS HAS CHANGED-ewharris@infionline.net) Superintendent Roanoke City Schools W3aere the wealth in every child is discovered Attachment 2 Project Costs Proposed Stadium-Amphitheater $21,600,000 (includes facility, salt dome, bus garage) Assume 100% borrowed funds $21,600,000 (4.75% ~ 20 years) $1,675,000 (annual City debt in general fund budget) Attachment New Stadium Operating Budget Comparisons · Attachme=t #1 REVENUE8 Stadium Rentals Foqd & Beverage Surcharge /'-leveE3/Commissions Utilities EXPENSES Salaries Professional Services Utfl~ties Supplies Food and Beverage ~eld Maintenance Facility Maintenance Management Services Net Jnccme Assumptions: 5 annual concerts with average affendance of 7,800 Concession per caps of $4;00 for conce~ · Stadium has exclusive fights to food and beverage Beer sales aIIowed for concerts $71,250.00 $230,000.00 $62,500.00 · $26,000.00 $8,000.00 $96,525.00 $20,000.00 $38,000.00 $3,000.00 $115,000.00 $45,000.00 $38,000,00 $36,000.00 $399,750.00 $8,225.00 $8,225.00 Annual Economic Comparison of Victory Stadium to Proposed Stadium-Amphitheater Victor~ Stadium $200,000 (current annual loss, football, other events) 645,000 (annual debt service only state historic credits) $845,000 (annual cost to City General Fund Budget) Proposed Stadium-Amphitheater $ 200,000 (annual loss, football other events) (8,225) (net operating profit from amphitheater) 1,675,000 (annual debt service) $1,866,775 (annual cost to City General Fund Budget) $1,866,775 (annual City cost proposed stadium-amph.) (845~000) (annual City cost Victory Stadium) $1,021,775 (annual additional City cost stadium-amph.) x 20 yrs. $20,435,500 (extra City cost not including money cost over 20 year bonds from stadium-amph.) Decision to add amphitheater to a football stadium cost the City budget an extra $1 million annually. It does not reduce it. There are no economic reasons to add an amphitheater to a football stadium. Brian Wishneff From: Sent: To; Subject: Greg_Reed@ci.roanoke.va.us Monday, May 19, 200.3 6:04 PM Brian Wishneff Re: questbn Attachment 6 Brian - If the flood reduction project were in place, only the 85 flood would have flooded the field at Victory Stadium. Greg Reed, P.E. City of Roanoke - Utilities Engineer 2012 S. Jefferson St. Roanoke, VA 24014 ' Voice: 540-853-5468 Fax: 540-853-1017 ~reg_reed@ci.roanoke.va.us "Brian · Wishneff, <brian~wishnef f.coB> O~/Zg/20q3 05:52 PM To: <greg_reed~ci.roanoke.va.us> cc: Subject: question Since the stadium was built in 1942 thera have been 5 floods that caused floodln~ on the field at victory Stadium, 1972, 1978, 1985, 1992, and 2003. Would the field have been flooded during any of those rains had the new Roanoke River floodreduction work been completed including the 8 foot high wall? Brian Wishnef f Brian Wishneff From: Sent: To: Subject: Bill Tanger [tanger@mediavisionva.com] Wednesday, July 16, 2003 5:10 PM Brian Wishneff Fw: Roanoke River Flood Reduction Project Funding ..... 0riginal Message From: <Phil_Schirmer@ci.roanoke.va.us> TO: <tanger~mediavisionva.com> Cc: <Bob_Bengtson@ci.roanoke.va.us>; <Greg Reed@ci.roanoke.va.us>; <George_C_Snead@ci.roanoke.va.us> -- Sent: Wednesday, July 16, 2003 4:46 PM Subject: Roanoke River Flood Reduction Project Funding Bill: This will respond to your telephone inquiry of Greg Reed regarding funding for the Raonoke River Flood Reduction Project. The Coz-ps of Engineers staff in Wilmington advise me the President,s FY04 ~_~roposes $2,000,000 in funding for the project. The COE staff indi~ this funding level will be adequate to award a construction contract for ~ ~.project in the 3rd quarter of FY 04 (March to June '04) I expect the > p~se of the project to be completed in 2-3 years. Phil Schirmer City Engineer City of Roanoke, Virginia (540) 853-2731 (540) 853-1364 Fax Phil_Schirmer@ci. roanoke, va. us Attachment 7 Conditions worsened at the County's athletic complex, and in 1986 a group of ' City resiaents filed suit against the County to enjoin the nuisance. City Council suppoded the residents by paying for their attorney at that time. The fortunate result was that the County did net contest the matter and agreed lo the entry of a consent order which has been noted here today. I would differ in the interpretation of some points in that and would call your attention lo paragraph two of that order which you have before you noting that'it requires Hidden Valley Athletic and Recreational Facility, which I would interpret more broadly than Mr. Natt does to remain unlighted forever. We are well aware that those who argue that the consent does not prohibit the lighting of the field at the upper level. And Mr. Natt has argued that. I am not an attorney, and so I cannot argue the point from a legal sense, but letme argue it from common sense. The nuisance that was declared by the lighting on the lower field is farther away from the residence than the upper field. Whythen would we permit what Was declared a nuisance at ' the lower field to more for ail intents and purposes closer to the residents and streets of thoee behind ma. Finally, I would argue that the variance should not be issued by compliance with the letter of the law. An applicant may shew a · variance by proving that wlthOLrt the variance there is "a clearly demonstrable unnecessary hardship approaching confiscation". The School. Board, however, is not suffedng any hardship approaching confiscation. The School Board enjoys the full use of its propertyas it has since 1971. And while it may be an inconvenience not to have high lights, inconveniences do not approach confiscatJor~ and justify the granting of a .variance, I would like to conclude my remarks by simply reminding the Board that during the discussion in the County by their elected leadership about a potential site for a stadium for Hidden Valley High Schobl there were numerous comments made that !hey would not put that stadium in a County neighborhood. Why then would we ~llow the County to do in the City what its leaders said they would never allow to have happen in the County. And to Mr. Chaim'~n, and ladfe~ and gentlemen of the Board, I thank you for your attention, I thank you for allowing me the opportunity to speak and that conc,{udee my remarks and I would urge you to vote against the Petition before you. Chairman Motley:. The next is Bill carder, Please state your name and address into the records, Mr. Carder. bill Carder: My name is Bill Carder, I reside at 2141 Westover Avenue in the City of Roanoke. Thank you Mr. Chairman and thank you to the Board for allowing me to speak today, Mr. Natt said, excuse me, let me preface thiS, I've sat before, you for a few meetings and sat and listened and learned. Prolocol has said in the past that City Oounc~ wouldn't come forward and testify. Welt, the hock with protocol. This is such a sense of urgency that I feel that I am going to speak to you .today about a few different issues that I see, my perspective on this, This is political, there is a political aspect. If you look back in the derivation of the word political, it says police and police r~eans to protect. We, on City Council, have a responsibility to protect our citizens and protect our neighborhoode. Se yes, it is political. It is also a land-use issue, and I agree with that. However, this is not merely about approving lights. They've shown how the light to be protected this way and the light to be protected that way. What if you are sitting in that neighborhood that is right behind the football stadium where th.e... balls are going to be coming in to your backyard, what have they done to shield/ 22 the sound? What have they done to absorb the loudspeaker systems, and the bands? Nothing; I contend also that there is a change in use. For twenty-eight years, there has been a relationship, sometimes rocky, but it's bean there. This ' has been a middle school and a'neighborhood. That was its use. When we approved variances for parks to extend lights, we know that that use iea park. What in effect, by approving the heighthing of these lights, basically you are changing the use of this properly, ft will no longer be a middle school and its uses. it's going to be a high school football stadium. That is changing the use of this property. I am not even going to get into talking about regional cooperation, because.that is political. This is definitely not taking a step forward as far as I am concerned, I mean, we are making a lot of advances, but I wish l didn't have f:o stand before you today. Hardship---they talked and said there's not going to be substantial hardship or damage to the neighborhood by this. Well there is such a word that is called encroachment tf you take a look at those properties that are~ right along on that corrid;~r, and say what's going to happen, Mr. Hale, you are fn real estate, what is going to happen to the value of those propertie~ with this kind of activity, this kind of noise, this kind of disruption to our citizens lives. What's going to happen? Those property values are going to drop. Then it's going to happen across the street. They those become vacant propedies and it will continue and continue and continue like a cancer into one of our neighborhoods. So I believe the damage is great. The damage is going to be ~./ great to our neighborhood. Hardship, is this hardship on who is it, the County or-- the middle school, There is a lot of land in {he County. And we have precious little land in ouJ' City. Oufnelghborhoods are valuable to us. We need to protect "~ our neighborhoods, We can't go out, and of course, annex land ar~ymore. We have to do the best with what we have. The count7 can build this fadlity someplace else. But don't build it in our City..Thank you. ' Chain:man Motle~ The next is Dick Sink. Dick Sink:, Can we change over, she has to go to the dentist at 3:00 p,m. Chairman Motley: Is that Sarah Sink? We will allow it. Sarah Sink: Chairman Motldy: record. Sarah He might address this, I think Excuse me, I need you to state your name and address for the Sink: I'm sorry. My name is Sarah Sink. I reside at 1552 Coral Ridge Road, S. W. My proper17 was the one affected the most by the lights that were put there previously. 1 have lived there for twenty-eight years, My husband and I are both retired physical education teachers and coaches, So some of*he things that Mr. Nat[ said, I took exception to because I taught at Cave Spring High School for forty-one years. Three hundred high school boys can make. a lot of noise. We grew up near Highland Park and played sports at Jefferson High School. Mr. Natt said something about lights being put in a park. Highland Park was just a place that we went to play and made up our own games. It was not the same as a football stadium. Nothing near the same. Until athletic fields were developed next. to our yard, we never realized hew the noise and lights could cernpletely disrupt our life. If I went into detail, I would be talk!ng an hour about 23 ! Roanokers seemskep~- about the ~amphitheat~r:eom- ~ . ~..-. ~ -plexoff0range'Ave~ue ~ , ~ : : c(~mmumt~es ~ · ! hayenV found~ m~aYbody m..: Roan0~ ~ ~tha~.;mutl~me . at any level who ~ ~hat thev"re doin~ facilities don t work: He ~m(~he sta~tium] .~s agood ~dea~ he said, amphitheater designwould~sul~ia~awn, o~,fie~n Adams ~Wt~ r~aah$~ at 98~324..or COMMITTEES-INDUSTRIES: .Mr. Carder offered the following resolution reappointing Stark H. Jones as a Director of the Industrial Development Authority for a term ending October 20, 2006: Attachment 8 (#36107-101502) A RESOLUTION reappointing a Director of the Industrial Development Authority of the City of Roanoke, to fill a four year term on the Board of Directors. (For full text of Resolution, see Resolution Book No. 66, page 476.) Mr. Carder moved the adoption of Resolution No. 36107.101502. The motion was seconded by Mr. Dowe and adopted by the following vote: .. AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Wyatt, and Mayor Smith ..L~ ......................... 6. l NAYS: None ......................................... 0 (Vice-Mayor Harris was absent.) MOTIONS AND MISCELLANEOUS BUSINESS: · 'INQUIRIES AND/OR COMMENTS BY THE. MAYOR AND MEMBERS OF COUNCIL: · 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.' Council Member Bestpitch advised that a city such as Roanoke can learn from a city like Charleston the importance of'preservation. However, he stated that the City of Roanoke has much that is worthy of preservation, not only interms of. its built environment, but the surrounding natural resources. He called attention to the importance of the public realm in paying particular affentJon to those parts of the community where people tend to congregate for business and social, purposes and the importance of quality- or doing things well; and the City's Comprehensive Plan indicates that the City of Roanoke recognizes the importance of preservation, the importance of the public realm and the importance of quality. He stated that the question now is whether the City of Roanoke will continue to implement the Comprehensive Plan in a manner that also recognizes the importance of those areas, not just on paper, but in practice. 24 /-unpmtneame oes~gn http://bastienarchitects.com/live/amphitheatre.html Am phitheatres ~,"~e design of amphitheatres and )~ttention to deta other concert venues require great ~.~ The seating bowl must have excellent sightlines. The concession and ~ ~ merchandise areas must maximize per capita sales. The stagehouse must accomodate diverse show production requirements. The back-of-house must provide efficient support services, and the needs of owners, operators, artists, and patrons must be served in order to produce a successful event. and work as a highly qualified design team committed to providing the best solutions for successfuJ venues. AvOur design team members' experience in this project type includes erizon Wireless Amphitheatre, Coors Amphitheatre, Universal mphitheatre, Portland Pavilion, Fiddlers Green Amphitheatre, and Action links Related projects 1 of 2 7/19/2003 10:33 PM Multi-use Facilities like this do not work. They are out of favor around the Country. No football-outdoor amphitheater combinations. 4 main reasons: 1. Compromises in Design - examples include; 300 feet from first row of fixed seating to stage, or the back half of field seats are sloping the wrong way or artificial surface is needed to withstand punishment to the field. Such a surface usually causes a higher incidence of injuries for our kids who play football. 2. Greater Facili .ty Wear and Tear and Maintenance Costs - example; because you are trying to turn the field and facility over from one use to another and then back again, the facility takes a beating. Your maintenance costs, staffing costs, and replacement costs are going to be much higher in a multi-use facility like this than in two separate single- purpose facilities built for and used for (in most instances) a single purpose. 3. Competition in Schedules - High School football and soccer as well as any other sports activity are going to have priority on the weekends during their season thus eliminating potentially prime dates for the amphitheater. In addition, as the Civic Center Management has said, there will be pressure on them not to book the Civic Center when something is going on at the stadium-amphitheater thus missing out on other users. 4. Missed Economic-Business Opportunities - example 3 entertainment events in a non-renovated Victory Stadium 5 projected entertainment events in stadium-amphitheater 40 entertainment events Ntelos Amphitheater-Portsmouth 54 entertainment events in Shaftman Hall (Jefferson) In a 3-6,000-seat outdoors amphitheater built as a single-purpose amphitheater, how big a season could Roanoke have? 30 events? 40 events? Could our cultural entities Symphony, Ballet, Opera have pops- type seasons in an outdoor amphitheater? How much better than net operating revenues of $8,225 could we do? As a single-purpose facility could the City attract money for naming rights? Could such a facility generate revenue from VIP seating? Could such a facility generate revenue from pouring rights? · Could a food and beverage vendor be found to pay for kitchen equipment? With a renovated Victory Stadium we would still have the largest stadium in Virginia, not on a college campus. Why trade down to an 8,000-seat stadium, which is the same size as Salem's where you have on- site free parking and a single-purpose football stadium. What sporting, entertainment and other events could a renovated Victory Stadium attract with aggressive marketing? fl~d co~,tro : 2roject a gap cited' as s pko'b~m by at he~ ~ to build the new complex for $18 rdil- the the 'schoot bus transportation cen- site. ~ Stadium has bothered patients at Cariliofl But Carillon said, "I'm not of any! noise problem that Victory um has created for Roanoke renova- Meraorial.' ............... ~.~arnhart also said Carilion's new then parldng garag~ next to'Victory Stadium raiglit be availabJe for special events there .b~d ~hat Cari~Qn w, ould participate in .a~, ~elated discussion With ci~ 0fffci~. ' Busine~speQp[e ~.lo~g }Wilham~on ~ [the new-stadium c0mple~ could crea[e4nore,.tr,,~ problems for an .~.. ?I area ~here Snarls :akead.~:oce~. B~t Burr chara 'said the ,dity..i~. prepared to handi? t~affic with e~;ent Shuttles' and .Other prchitect to is' aid. tnd .he noted hhat a retrofit for Vic- measures : it,ow ~:..u~..r~,t.~e. e~i~ble,,~gr m0.re Mayor Ralph Smith has fought before : , a~o sma me Cl~ s, multiinlllion: tha~ he s still (~Den to the idea ' .,tioga flbod reducti0h,[project along, the ' ~'If thero i~-~nm~nna ~-~,~' ~-- ~an ke,R~ver.~2~t.,protect Vinery eta', '"str:~ ~hat it make~ better economi~ mum rom most noous, stil~'to refurbish Victory Stadium. then I'll he ,city recently solicitc~d l~i0s "for · supnort it ' Smith ~ace~nt.t? !nt?s~te,_,~8~l au~., a~.o.s.s mllllo~l to date'Ori, plans ,for:~eneW sta~- ~rang~_A~Ee~?e_~om___~t_h~l~Ogaoire ~nqc um. fI~all: '_s~i_'_cI. t_he ~city,rco.,ug~c'_fl probab~ ~:en~r..,!~urcnam said construction bid could vote tomdirect the~en~al obli]~, p~,k~,,ges ~.h?uld go oflt 'in ~/iI~,.~ I , tion bond money tapay for Victory StadiCun : !. ~v~', POsition;has alwa~s~IJe~i/~that tf renovations : ~5, ,~, . ,. ,,:< y(~u are goLrig t6 spend $12 million to $18 "Wishneff said Roanokem seem million on a football stadium, it ought to be cai about the stadiumJamphitheater, com- a multiUse facility ' she Said. '-:- plex off Orange'Avenue. But Wishneff :said communitfes "I haven't found anybody in Roanoke, nationwide are ,discovering that multiuse at.any level, who thinks what they're doing facilities don't work He said the stadium/ is a good idea,' he said. amphitheater design would result in yawn- I)i~n ~am~ :an ~ r*aeh~ .at 9Sl-3Z24 or jng~pace between the ~mge~ and fixed e Mountain ?To Rocky Mount news- by at v hei~ ~18 r/ill- the school bus transportation cen- said Victory Stadium patients at Cariiio/~ St: said. "I'm not of any'nois~ problem that Victory created for Ro'anoke also said Carilion's new garage next t~'Victory Stadium miglit be available for Special events there b:nd ~hat Cariliqn ~ould participate in ~ ~e[at,ed discussion ~th city, OffiCials, , ~ BusinessPeop[e alptig ~Williamsoa noted that a retrofit for.Vic- Sta~ to handle s and other Mayor p~p~ Smith.has fouglit before to saye Victory Stadium'. He s~id Thursday tha/he's still 6pen to the idea. "If there .is someone who can ~strht~ that it makes better ~conomi~ stiff to refurbish Victory Stadium, then I'll support itl Smith s~i,'d. ' ~grading Of the Jesse Hall. R~noke's' dikector Of · ~range Avenue. Th_e ~ cent, to. ~tersmte. Center. B~c~ ~d c~: bid c~d ~o~:~ea ~e~, g~n~ :ob~" - packages sho~d go o6t~ ~" ion b ' ~ ~, ........... ~. , ~ ~ ~ ~t on~ money.t~pay for Victo~ S~ .; ' ~v~y posmon~ ~'be~n that 'ff~: reno~tio~. ~: -: ~., ~ ,,, .',~:- ." ~u ~e ~o~' t6 ~efld $12 ~n:to~ $18 "" ~m~eff ~d Ro~okem seem s~ePti- ~on on~a f0otb~ s~m, it o~t to be C~ about ~e ~p~theater com- a m~e fac~w, she ~d. plex off O~e:Ave~e. B~t Wishneff said communitfes "I haven't fo~d ~bo~ ~ ~oke, nation, de ~e ,~cove~g ~ m~e at ~ level~ who ~ w~t ~ey~re do~ face,es don't work. He ~d. the ~ . ~ a good idea," he ~d. "To Rocky Mount 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 July 21,2003 The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: I would like to sponsor a request from Brenda Powell, President of Fair Housing Board, in which she will be presenting accomplishments of the board at the regular meeting of City Council on Monday, July 21,2003. DLB:sm c: City Attorney Director of Finance City Clerk Respectfully submitted, Darlene L. Burnham City Manager City of Roanoke Fair Housing Board Roanoke, Virginia July 21, 2003 Honorable Ralph K. Smith, Mayor and Members of Council. Good afternoon. This year the Fair Housing Board began the task of addressing the 42 impediments in the 2001 Fair Housing Study that were presented to Council in the Board's report last year. Realizing that the Board could not address all 42 impediments at one time, the Board categorized and prioritized the list of impediments. The Board held two community forums, one in the northwest and one in the southwest, to provide an opportunity for the citizens of the City of Roanoke to help identify the priorities. The impediments fell into three main categories with Education and Outreach being the top priority. The other two categories, Regional Cooperation and Regional Transportation, require attention beyond the scope of this Board. Regional Cooperation in fair housing is very important to all citizens. If we are going to live together harmoniously in the Roanoke Valley, then we need to live free of housing discrimination. In the Roanoke Times, May 26, 2003, city manager Darlene Burcham stated that Roanoke's housing stock is too segregated, too rental heavy and too saturated with traditional low-income units. She further stressed that other localities need to share the housing burden. This Fair Housing Board agrees with and supports the statements made by the city manager and therefore request once again that council develops a strategy to address fair housing issues with the surrounding governments. The second area of concern is Regional Transportation. Again, this area is one that needs to be addressed on a regional basis. We are therefore, asking council to begin a dialogue with representatives from surrounding governments and businesses to address this issue. Transportation affects all citizens. If citizens cannot get to where the jobs are, then this affects they're economic status, which causes severe limitations on their choices in housing and where they can live. The Fair Housing Board has begun to address the third category Education and Outreach. The Board hosted a training session. On the local, state and federal Fair housing law, facilitated by John Cancelleri, Director, Virginia Fair Housing Office in Richmond, and attended by Board members, City staff and housing providers. This workshop was so informative and successful that the city's zoning department asked for a more in-depth session on how the laws affect them. This led to two other workshops held in January and February 2003. Michael Allen, senior staff attorney, Bazelon Center for Mental Health Law, Washington, DC and John Cancelleri, facilitated these two workshops, "Zoning and Fair Housing Laws". Members of the Board of Zoning Appeals, the Architectural Review Board, members of this Board, city staff, personnel from Salem, Roanoke County, Danville and other housing providers within the valley attended these two cutting edge workshops. These workshops were a first in this area and possibly the state. The city's zoning staff discovered that there were many facets of the fair housing laws that were applicable to zoning and land issues. Members of the Board attended the Annual Housing Conference held in September 2002 at the Hotel Roanoke. The Fair Housing Board helped to sponsor the Roanoke Regional Housing Network's 2002 Housing Symposium; Housing: Choice or Chance. We had responsibility for the workshop, Fair Housing, which dealt with fair lending, fairs housing property owner issues and fair housing for immigrants. The Fair Housing Board has been working with the city attorney's office to bring the city's ordinance into compliance with state and federal fair housing laws. The revised ordinance will be presented to Council before December 2003. The Fair Housing Board sought and received funding through a CDBG grant to educate the public about fair housing issues. We are currently working on a fair housing booklet for publication. To help celebrate Fair Housing month the Board sponsored our First Housing Fair at Valley View Mall, with several Housing advocate organization, such as TAP, Habitat, Wells Fargo, Wachovia, First Union, Blue Ridge Independent Living Center, Blue Ridge Housing and State Farm Insurance participating. Board members were on hand to talk with citizens, answer their questions and provide written information about fair housing. We hope to repeat this again next year. The board also had billboards throughout the city to heighten awareness and provide citizens with a contact if they had a fair housing problem. The board also participated in the Southeast by Design family fun day with a display table of pamphlets and give away. The next fiscal year poses equal or greater challenges. We are steadfast in our concentration on: * Education and Outreach - We intend to continue addressing this issue with workshops, training sessions, media, community meeting, holding special programs and joint ventures with other agencies. *We will serve as advisors to city council on fair housing and housing issues. * The board will complete work on it's booklet to inform and provide a written understanding of Fair Housing Law that is concise, easy to interpret and access for the average citizen. The Fair Housing Board wishes to recognize the dedicated and faithful service of Delores Daniels, the city employee who served this Board for so many years. As you can see, this Fair Housing Board has been very busy during the last fiscal year. We have increased awareness and knowledge of Fair Housing in the City of Roanoke. We are on our way to providing a better housing area for all citizen to participate fully in the housing market without any social or economic discrimination. Respectfully Submitted, Brenda Powell, Chair Nancy Canova, Vice Chair Tuan Reynolds Rev. Frank Feathers B. Grimes Creasy Raymond DeBose, Jr. Sherman Burroughs CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk July 25, 2003 File #216-450 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. 36430-072103 authorizing the City Manager to apply for acceptance into the Cedified Local Government Program of the Virginia Department of Historic Resources; and to take other related actions as necessary. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 21,2003. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Jesse A. Hall, Director of Finance Rolanda B. Russell, Assistant City Manager for Community Development R. Brian Townsend, Director, Planning, Building and Development HSAgenda.03\July 21, 2003 correspondence.wpd IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 21st day of July, 2003. No. 36430-072103. A RESOLUTION authorizing the City Manager to apply for acceptance into the Certified Local Government Program of the Virginia Department of Historic Resources; and to take other related actions as necessary. WHEREAS, the Certified Local Government Program ("CLGP") of the Virginia Department of Historic Resources establishes a partnership between local governments, the federal historic preservation program, and the Virginia Department of Historic Resources ("VDHR"), to promote viable communities through preservation, recognize and reward communities with sound local preservation programs, and to establish credentials of quality for local preservation programs; WHEREAS, acceptance of the City of Roanoke in the CLGP would make the City eligible to apply for grants, typically on a 50/50 match basis, which can be used for a variety of purposes; WHEREAS, acceptance of the City of Roanoke in the CLGP would make grant money available for an ongoing historic survey program in the City needed for listing structures on the National Register of Historic Places; WHEREAS, listing structures on the National Register of Historic Places is an economic development and revitalization tool because rehabilitation tax credits are available; H:\KES O LUTION SXR-CLG P072103.DOC WHEREAS, Vision 2001-2020, the City's Comprehensive Plan, supports the survey and recommends that the City undertake a comprehensive inventory of historic properties and areas in the City, consider the creation of additional historic districts, and promote local, state and federal incentives to encourage rehabilitation of historic districts; and WHEREAS, the City's current program meets the requirements for becoming a Certified Local Government. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk, are hereby authorized, for and on behalf of the City, to execute and attest, respectively, the necessary documents to apply for acceptance into the Certified Local Government Program, as recommended in the City Manager's letter dated July 21, 2003, to this Council, and to take other related actions as necessary. 2. The form of all documents executed by the City Manager shall be in form approved by the City Attorney. ATTEST: City Clerk. H ~ES OLUTI ON$~R-CLGP0? 2103 DOC 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 July 21,2003 Honorable Ralph K. Smith, Mayor Honorable C. Nelson Harris, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Application for Certified Local Government Program of the Virginia Department of Historic Resources Background: The Certified Local Government Program (CLG) establishes a partnership between local governments, the federal historic preservation program, and the Virginia Department of Historic Resources (VDHR). The program allows VDHR to certify local governments for their preservation program in exchange for future funding opportunities. The goals of Virginia's CLG program are to promote viable communities through preservation, recognize and reward communities with sound local preservation programs, and establish credentials of quality for local preservation programs. Twenty- four local governments in Virginia currently have CLG status, including the Cities of Alexandria, Charlottesville, Lynchburg, Richmond, Williamsburg, and Winchester. Acceptance into the CLG program makes localities eligible to apply for grants that can be used for a variety of purposes. Grants are typically on a 50/50 match basis. Grants can be used for survey and nomination of historic areas or properties, preservation planning, public education programs, training, and rehabilitation of historic public buildings. Should the City apply for and be awarded any such grants in the future, local match funding would have to be identified. Considerations: Listing on the National Register of Historic places is an economic development and revitalization tool because of the rehabilitation tax credits that are available. Many areas of the City may be eligible for listing on the National Register, but need to be surveyed and nominated. The CLG program would make grant money available for an ongoing historic survey program in Roanoke. The Vision 2001-2020 Comprehensive Plan supports the survey and nomination of historic districts. It recommends that Roanoke undertake a comprehensive inventory of historic properties and areas in the City and consider historic districts. The plan further recommends that neighborhood and stakeholder input be considered in the inventories, and the city should promote local, state and federal incentives to encourage rehabilitation of historic districts. Roanoke's current program meets the requirements for becoming a Certified Local Government. No change in the city code, policies, or practices is required. To maintain Certified Local Government Status, an annual report on activities to the Virginia Department of Historic Resources is required. Recommendation: Adopt a resolution authorizing the City Manager to apply for acceptance into the Certified Local Government Program and to execute documents related to the application. Respectfully submitted, City Manager DB:aw Attachment C~ Jesse A. Hall, Director of Finance William M. Hackworth, City Attorney Rolanda B. Russell, Assistant City Manager for Community Development R. Brian Townsend, Director, Planning Building & Development Steven J. Talevi, Assistant City Attorney CM03-00131 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk July 25, 2003 File #60-236-304 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. 36432-072103 authorizing acceptance of a Juvenile Accountability Incentive Block Grant from the Virginia Department of Criminal Justice Services on behalf of the City, in the amount of $48,493.00; and authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant and applicable laws, regulations, and requirements pertaining thereto. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 21,2003. Sincerely, .~¢;[~j,~,~' Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: John M. Chambliss, Jr., Assistant County Administrator, Roanoke County, P. O. Box 29800, Roanoke, Virginia 24018-0798 Jesse A. Hall, Director of Finance Rolanda B. Russell, Assistant City Manager for Community Development Vickie L. Price, Acting Director, Human Services Barry L. Key, Director, Office of Management and Budget H:~Agenda.03\July 21, 2003 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of July, 2003. No. 36432-072103. A RESOLUTION authorizing acceptance of a Juvenile Accountability Incentive Block Grant from the Virginia Department of Criminal Justice Services on behalf of the City, authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant and applicable laws, regulations, and requirements pertaining thereto. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The Juvenile Accountability Incentive Block Grant funds from the Virginia Department of Criminal Justice Services, in the amount of $48,493.00, as set forth in the City Manager's letter, dated July 21, 2003, to this Council are hereby ACCEPTED. 2. The City Manager, or her designee, is hereby authorized to execute any and all requisite documents pertaining to the City's acceptance of these grant funds, and to furnish such additional inforn~ation as may be required in connection with the City's acceptance of these grant funds. All documents shall be approved by the City Attorney. ATTEST: City Clerk. H:'~ESO LIJTIONS'~R-G- JUV.ACCT072103 WPD CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk July 25, 2003 File #60-236-304 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. 36431-072103 amending and reordaining certain sections of the 2003-04 General and Grant Funds Appropriations, providing for appropriation of funds in connection with Juvenile Accountability Incentive Block Grant Program funds; execution of an agreement with the Department of Criminal Justice Services; and dispensing with the second reading by title of the ordinance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 21, 2003, 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 Rolanda B. Russell, Assistant City Manager for Community Development Vickie L. Price, Acting Director, Human Services Barry L. Key, Director, Office of Management and Budget H:~Agenda,03\July 21, 2003 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of July, 2003. No. 36431-072103. AN ORDINANCE to amend and reordain cedain sections of the 2003-2004 General and Grant 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 2003-2004 General and Grant Funds Appropriations be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Public Safety $ 49,686,434 Outreach Detention (1) ............................................................................ 220,521 Nondepartmental $ 73,739,633 Transfer of Other Funds (2) ..................................................................... 71,385,002 Grant Fund Appropriations Health and Welfare $ 4,589,165 Juvenile Accountability Incentive Block Grant - City FY04 (3) ................. 38,562 Juvenile Accountability Incentive Block Grant - County FY04 (4) ............ 15,319 Revenues Health and Welfare $ 4,589,165 Juvenile Accountability Incentive Block Grant - City FY04 (5-6) .............. 38,562 Juvenile Accountability Incentive Block Grant - County FY04 (7-8) ........ 15,319 1) Regular Employee Salaries 2) Transfer to Grant Fund 3) Fees for Professional Services 4) Fees for Professional Services 5) State Grant Receipts 6) Local Match 7) State Grant Receipts 8) Local Match (001-631-3330-1002) (001-250-9310-9535) (035-630-5058-2010) (035-630-5059-2010) (035-630-5058-5058) (035-630-5058-5059) (035-630-5059-5060) (035-630-5059-5061) $( 3,856) 3,856 38,562 15,319 34,706 3,856 13,787 1,532 Pursuant to the provisions of Section 12 of the City Charier, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. CITY OF ROANOKE OFFICE OF THE C1TY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, $.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.reanokegov.com July 21,2003 Honorable Ralph K. Smith, Mayor Honorable C. Nelson Harris, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of Council: Subject: Juvenile Accountability Incentive Block Grant Award Background: The Department of Criminal Justice Services notified Roanoke and Roanoke County of an allocation of funds under the Juvenile Accountability Incentive Block Grant Program (JAIBG). The allocation of $48,493 in federal funds was awarded jointly to the two jurisdictions. A joint local match of $5,388 is required. Considerations: The allocation formula provides $34,706 federal and $3,856 match for Roanoke and $13,787 federal and $1,532 match for Roanoke County. Staff from the jurisdictions have met and developed program proposals for the use of the funding. Roanoke County will provide a substance abuse intervention education program through the schools. Roanoke, in collaboration with the Boys & Girls Club, will provide services to students suspended or otherwise absent from school during the day. Funding for the City's match of $3,856 is in Account No. 001-631-3330-1002, Outreach Detention. Roanoke will serve as the fiscal agent for the funds. Honorable Mayor and Members of City Council July 21, 2003 Page 2 Recommended Action: Authorize the City Manager or her designee to accept the $48,493 JAIBG grant allocated to Roanoke for $34,706, and Roanoke County for $13,787 and to execute the agreement from the Department of Criminal Justice Services for the funds. Appropriate $53,851 and increase the corresponding revenue estimates of $48,493 in federal funds and $1,532 in County match funds in accounts to be established by the Director of Finance in the Grant Fund and transfer $3,856 from Outreach Detention account 001-631-3330-1002 to the Grant Fund account established above. Respectfully submitted, City Manager VLP:tem C~ Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Barry L. Key, Director of Management and Budget John M. Chambliss, Jr., Assistant County Administrator Vickie L. Price, Acting Director of Human Services Rolanda B. Russell, Assistant City Manager for Community Development #CM03-00136 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk July 25, 2003 File #60-236 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. 36434-072103 authorizing acceptance of a Local Government Challenge Grant from the Virginia Commission for the Arts, in the amount of $5,OOO.OO. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 21, 2003. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc; Jesse A. Hall, Director of Finance Barry L. Key, Director, Office of Management and Budget HSAgenda.03~July 21, 2003 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of July, 2003. Iqo. 3643t~-072103. A RESOLUTION authorizing the acceptance of a Local Government Challenge Grant from the Virginia Commission for the Arts. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke accepts a Local Government Challenge Grant from the Virginia Commission for the Arts in the amount of $5,000.00 to be used for funding local organizations, as more particularly set forth in the City Manager's letter to this Council dated July 21, 2003. 2. The City Manager, or the Assistant City Manager, is hereby authorized to execute any and all requisite documents, upon form approved by the City Attorney, and to furnish such additional information as may be required in connection with the City's acceptance of this grant. ATTEST: City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk July 25, 2003 File #60-236 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. 36433-072103 amending and reordaining certain sections of the 2003-04 Grant Fund Appropriations, providing for appropriation of $5,000.00, in connection with a Local Government Challenge Grant from the Commonwealth of Virginia Commission for the Arts; and dispensing with the second reading by title of the ordinance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 21,2003, 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 Barry L. Key, Director, Office of Management and Budget H:~Aoenda.03\Julv 21, 2003 correspondence.wpd iN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of July, 2003. No. 36433-072103. AN ORDINANCE to amend and reordain certain sections of the 2003-2004 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 2003-2004 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Parks, Recreation and Cultural $ 245,516 Challenge Grant FY04 (1) ....................................................................... 5,000 Revenues Parks, Recreation and Cultural $ 245,516 Challenge Grant FY04 (2) ....................................................................... 5,000 1) Subsidies (035-410-8738-3700) $ 5,000 2) Challenge Grant FY04 (035-410-8738-8738) 5,000 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 C1TY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, $.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com July 21,2003 Honorable Ralph K. Smith, Mayor Honorable C. Nelson Harris, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable Dr. M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Background: Subject: Virginia Commission for the Arts - Local Government Challenge Grant Notification has been received from the Commonwealth of Virginia Commission for the Arts that a $5,000 Local Government Challenge Grant has been awarded to the City of Roanoke. Application for the grant was made at the request of the Arts Council of Roanoke Valley, Mill Mountain Theatre, Opera Roanoke, Roanoke Symphony Orchestra, and Young Audiences of Virginia. Considerations: In order to receive these funds, the Commission must obtain written confirmation that local tax revenue dollars will be used to match or exceed the amount of the grant. For Fiscal Year 2003-04, the organizations listed previously will receive local tax dollar funding through the Roanoke Arts Commission in the amounts shown below: · Arts Council of Blue Ridge $13,165 · Mill Mountain Theatre 11,665 · Opera Roanoke 7,966 · Roanoke Symphony Orchestra 26,865 · Young Audiences of Virginia 3,966 Mayor and Members of City Council Virginia Commission for the Arts - Local Government Challenge Grant Page 2 The grant funds will be distributed to the five sponsoring agencies in the amount of $1,000 each. Recommended Action(s): Authorize the City Manager to execute the necessary documents, including such documents that provide for indemnification by the City, that are required for acceptance of this grant. All documents shall be on form approved by the City Attorney. Appropriate $5,000 in state grant funds and establish a corresponding revenue estimate in accounts established by the Director of Finance in the Grant Fund entitled "Challenge Grant FY 04". Respectfully submitted, City Manager DLB:vst Attachment C~ Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Barry L. Key, Director of Management & Budget #CM03-00148 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk July 25, 2003 File #246 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. 36435-072103 authorizing adoption of the Workforce Investment Area III Chief Local Elected Officials Charter Agreement to replace the existing Fifth District Employment and Training Consortium Agreement and authorizing the Mayor to execute such Agreement, 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 Monday, July 21,2003. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Joseph McNamara, Chair, Board of Supervisors, Roanoke County, P. O. Box 29800, Roanoke, Virginia 24018-0798 The Honorable Temple L. Kessinger, Jr., Mayor, City of Covington, 333 West Locust Street, Covington, Virginia 24426 The Honorable Carl E. Tarpley, Jr., Mayor, City of Salem, P. O. Box 869, Salem, Virginia 24153 HSAaenda.03',Julv 21. 2003 correspondence.wpd Darlene L. Burcham July 25, 2003 Page 2 pc~ Rickey D. May, Chair, Board of Supervisors, Alleghany County, 118 Landis Drive, Hot Springs, Virginia 24445 Stephen P. Clinton, Chair, Board of Supervisors, Botetourt County, 171 Aspen Drive, Daleville, Virginia 24083 Lyndell Keffer, Chair, Board of Supervisors, Craig County, P. O. Box 308, New Castle, Virginia 24127 W. Wayne Angell, Chair, Board of Supervisors, Franklin County, 1346 Foothills Road, Callaway, Virginia 24067 Bruce M. Wood, Virginia Workforce Network, 108 North Jefferson Street, Suite 503, Roanoke, Virginia 24016 Jesse A. Hall, Director of Finance Rolanda B. Russell, Assistant City Manager for Community Development Vickie L. Price, Acting Director, Human Services Barry L. Key, Director, Office of Management and Budget H:~Agenda.03\July 21, 2003 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 215t day of July, 2003. No. 36435-072103. A RESOLUTION authorizing adoption of the Workforce Investment Area III Chief Local Elected Officials Charter Agreement to replace the existing Fifth District Employment and Trhining Consortium Agreement and authorizing the Mayor to execute such Agreement, upon certain terms and conditions. WHEREAS, the administration of the Workforce Investment Act ("WIA") was administered through the continuation of the Fifth District Employment and Training Consortium ("FDETC"), an agency established to provide administrative and programmatic oversight of regional workforce development initiatives; WHEREAS, the FDETC was dissolved on June 30, 2003; WHEREAS, the jurisdictional membership of the WlA has changed since the Town of Clifton Forge joined the jurisdiction of Alleghany County; WHEREAS, Federal WIA regulations allow the reconfiguration of service delivery areas to reflect and accommodate regional priorities and alliances such as the Town of Clifton Forge .joining Alleghany County; and WHEREAS, the Workforce Investment Area III Chief Local Elected Officials Charter Agreement would replace the FDETC agreement and reflect the dissolution of the FDETC and the reconfiguration of service delivery areas. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Council adopts the Workforce Investment Area III Chief Local Elected Officials Charter Agreement and the Mayor is hereby authorized to execute any and all requisite documents relating to the Workforce Investment Area III Chief Local Elected Officials Charter Agreement, upon form approved by the City Attorney, as more particularly set out in the report to the City Manager's letter to this Council dated July 21, 2003. ATTEST: City Clerk. H:\RESOLUTIONS~R-WORKFORCEINV£STA(;T072103.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 July 21,2003 Honorable Ralph K. Smith, Mayor Honorable C. Nelson Harris, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of Council: Subject: Adoption of the Workforce Investment Area III Chief Local Elected Officials Charter Agreement Background: The proposed Workforce Investment Area III Chief Local Elected Officials Charter Agreement would replace the existing agreement continuing the Fifth District Employment and Training Consortium. The purpose of the prior local governmental agreement between the participating jurisdictions was for the administration of the Workforce Investment Act (WlA) through the continuation of the Fifth District Employment and Training Consortium (FDETC), an agency established to provide administrative and programmatic oversight of regional workforce development initiatives. Since that time, the FDETC has closed its doors and the jurisdictional membership was changed when Clifton Forge voted to join AIleghany County. Considerations; The existing Agreement should be replaced with a document that accurately reflects the current situation, the dissolution of the FDETC and the revised membership. (Attachment A) Honorable Mayor and Members of City Council July 21,2003 Page 2 Federal WlA regulations allow the reconfiguration of service delivery areas to reflect and accommodate regional priorities and alliances such as the addition of Clifton Forge to AIleghany County. Recommended Action: Authorize adoption and subsequent execution by the Mayor of the Workforce Investment Area III Chief Local Elected Officials Charter Agreement to reflect the changes noted above. Respectfully submitted, City Manager VLP:tem Attachment C; Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Barry L. Key, Director of Management and Budget Vickie L. Price, Acting Director of Human Services Rolanda B. Russell, Assistant City Manager for Community Development #CM03-00153 NETWORK Workforce Investment Area III Chief Local Elected Officials Charter Agreement PURPOSE OF THE AGREEMENT: In accordance with the Workforce Investment Act (WIA), herein referred to as the ACT, the mayors of the cities of Covington, Roanoke, and Salem, the Chairmen of the Board of Supervisors of the counties of Allegheny, Botetourt, Craig, Franklin, and Roanoke, hereafter referred to as the Chief Local Elected Officials (CLEO), enter into this agreement to continue to work together through a consortium to be called the Workforce Investment Area III Chief Local Elected Officials Consortium (hereinafter, the Consortium). The purpose of the Consortium is to implement activities pursuant to the Act [Section 117 (c)(1)(B)(i)(ii)] in the Western Virginia Workforce Development Area III by executing an agreement that specifies the role of the individual Chief Local Elected Officials, appointing the Western Virginia Workforce Development Board (WDB), and carrying out any other responsibilities assigned to such officials under this subtitle. The Consortium hereby agree to work together according to the provisions of the WIA and the Federal Regulations (Regulations) as issued by the United States Secretary of Labor for the implementation of terms of this agreement certifying by their signatures that they posses full legal authority, as provided by state and local authority, as provided by state and local statutes or ordinances, to enter into this agreement. In cooperation with the WDB, the Consortium shall work to ensure success of the programs operated under the ACT and that all programs, procedures, and activities comply with all regulations and the local plan. THIS AGREEMENT, made and entered into this the jurisdictions off The City of Covington The City of Roanoke The City of Salem The County of Alleghany day of ,2003, by and between The County of Botetourt The County of Craig The County of Franklin The County of Roanoke In the Commonwealth of Virginia (hereinafter, the Jurisdictions): WITNESSETH: WHEREAS, the County Board of Supervisors/City Council of the aforementioned jurisdictions did previously adopt resolutions authorizing the County Board Chairperson/City Mayor to sign a charter creating the Workforce Investment Area III Chief Local Elected Officials Consortium in order to administer the provisions of Public Law 105-220, the Federal Workforce Investment Act, and WHEREAS, the County Board of Supervisors/City Council of each of the aforementioned jurisdictions has adopted a resolution authorizing the County Board Chairperson or City Mayor to sign this Charter of the Workforce Investment Area III Chief Local Elected Officials Consortium under the Workforce Investment Act (P.L. 105-220) (hereinafter, the "Charter"): NOW, THEREFORE, in consideration of the above premises and the mutual covenants of the parties hereinafter set forth, the receipt and each party acknowledges sufficiency of which for itself, the Jurisdictions do hereby agree to the following Charter: AGREEMENT SECTION 1: That the Jurisdictions of The City of Covington The City of Roanoke The City of Salem The County of Alleghany The County of Botetourt The County of Craig The County of Franklin The County of Roanoke Do hereby constitute themselves to be a "Consortium" for the purposes of Section 117 (c)(1)(B) of Public Law 105-220, the Workforce Investment Act. SECTION 2: The chief local elected officials (the chairpersons of the County Board of Supervisors or City Mayor) or the designees of said officials of the jurisdictions shall constitute the Workforce Investment Area III Chief Local Elected Officials Consortium, which shall appoint the Local Workforce Investment Board under Section 117 (c) (1) (B) of the Act. SECTION 3: The Consortium shall elect from its membership a Chairperson, a Vice- Chairperson, and such other officers as may be provided for in the bylaws to serve for a term of one year or until a successor is elected and qualified. Vacancies shall be filled by election for the remainder of the unexpired term. The Chairperson may appoint a staff person to serve as a board clerk. SECTION 4: Roberts Rules of Order, Newly Revised, shall govern the procedures of the Consortium insofar as they do not conflict with applicable law, or administrative roles and/or bylaws duly adopted by the Consortium. SECTION 5: The Consortium may adopt operational and procedural bylaws consistent with this Charter, applicable federal and state laws, and rules or regulations pursuant thereto. Bylaws or amendments thereto may be adopted by a simple majority vote of members present at any regular meeting called for that purpose, provided that written copies thereof are delivered to each member fifteen days prior to consideration. SECTION 6: The Consortium shall perform all functions for local elected officials contained in P.L. 105-220, the Federal Workforce Investment Act as described in Section 117. The Consortium's responsibilities shall include, but are not limited to: 1. Appointment of all members to the Western Virginia Workforce Development Board. 2. Initial development of Bylaws for the Western Virginia Workforce Development Board operations. 3. Through designation of a Grant Recipient and Fiscal Agent will: a. Receive funding; b. Account for funding; c. Function as the program administrative entity; and d. Provide for staffing of both the CLEO Consortium and the Workforce Development Board. 4. Will insure appropriate auditing of program funds. 5. Will approve the Workforce Investment Act and other appropriate funding source budget(s) of the Western Virginia Workforce Development Board. 6. In cooperation with the Western Virginia Workforce Development Board, the CLEO Consortium will perforin the following partner functions: a. Develop the local 5-year plan; b. Negotiate local performance standards with the Governor; c. Appoint the Youth Council; d. Designate or certify local One-Stop Operators e. Provide agreement for Memorandums of Understanding with One-Stop Partners; and f. Conduct oversight of the One-Stop Delivery System SECTION 7: The Consortium will approve a budget for the Western Virginia Workforce Development Board and shall support the Western Virginia Workforce Development Board in the performance of the partner functions as defined in the agreement between the Consortium and the WDB. SECTION 8: The Consortium designates from its membership the local government jurisdiction of the City of Roanoke to serve as the grant recipient and the WDB to serve as the fiscal agent for Title I funds of the WIA. SECTION 9: The parties acknowledge that they are accountable to the Governor of the Commonwealth of Virginia for the Acts of the CLEO Consortium and the WVWDB and for the performance of any subcontractors. The parties acknowledge the authority of the CLEO Consortium to monitor, evaluate and take corrective action concerning performance specified in the Job Training Plan and contracts or agreements negotiated pursuant thereto. The parties to this Agreement, to the extent consistent with applicable law, certify acceptance of the responsibility for the total management, operation and compliance with all applicable laws and regulations. Any financial or legal liability of the CLEO Consortium shall be shared on the same pro rata basis as the population, per the most recent United States Census. CLEO Consoriium Charter Page 2/3 7/15/2003 SECTION 10: The Consortium shall appoint the Local Workforce Investment Board (Western Virginia Workforce Investment Board) Area III, under Section 117 (c) (1) (A) of P.L. 105-220 and applicable roles thereunder. The Consortium will comply with local Workforce Investment Board requirements as contained in Virginia Employment Commission Policy Number 99-2, "Establishment of Local Workforce Investment Boards" effective November 19, 1999. SECTION 11: The Consortium shall execute an agreement with the Western Virginia Workforce Development Board for the operation and functions of the Board under Section 117 of the Workforce Investment Act, and shall approve all Local Plans under Section 118 of the Act. SECTION 12: This Charter agreement shall be effective when approved by Resolutions adopted by the County Board of Supervisors/City Council of each jurisdiction party hereto and executed by the chief elected official thereof pursuant to said resolution. This serves to repeal and supersede any and all prior written or oral consortium agreements under P.L. 102-357, the Job Training Partnership Act, effective 7/1/2000. SECTION 13: Amendments to the Charter agreement may be adopted with the concurrence of the Board of Supervisors/City Council of each jurisdiction party hereto. The Consortium may be dissolved and this agreement may be rescinded only with the consent of all the Boards of Supervisors/City Councils of each jurisdiction party hereto and the Governor. IN WITNESS WHEREOF, the parties hereto have caused this Charter Agreement to be executed by the Chairperson of the County Board of Supervisors or the City Mayor of the aforementioned jurisdictions. Date Temple L. Kessinger, Jr., Mayor, The City of Covington Date Ralph Smith, Mayor, The City of Roanoke Date Carl E. Tarpley, Jr., Mayor The City of Salem Date Rickey May, Chair, Board of Supervisors, The County of Alleghany Date Stephen P. Clinton, Chair, Board of Supervisors, The County of Botetourt Date Lyndell Keffer, Chair,Board of Supervisors, The County of Craig Date W. Wayne Angell, Chair, Board of Supervisors, The County of Franklin Date Joseph McNamara, Chair, Board of Supervisors, The County of Roanoke CLEO Consortium Cimlter Page 3/3 7/15/2003 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk July 25, 2003 File #60-236-326 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. 36436-072103 amending and reordaining certain sections of the 2003-04 Grant Fund Appropriations, providing for appropriation of $15,000.00, in connection with Fifth District Disability Services Board grant funds from the State Department of Rehabilitative Services; and dispensing with the second reading by title of the ordinance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 21,2003, 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 James R. Wells, Manager, Accounting Services Carol W. Tuning, Human Services Coordinator Barry L. Key, Director, Office of Management and Budget H:~Aclenda.O3~July 21, 2003 ¢orrespondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of July, 2003. No. 36436-072103. AN ORDINANCE to amend and reordain cedain sections of the 2003-2004 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 2003-2004 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Health and Welfare Fifth District Disability- Family Services FY04 (1) ................................... Revenues Health and Welfare Fifth District Disability - Family Services FY04 (2) ................................... 1) Fees for Professional Services (035-630-5276-2010) 2) State Grant Receipts - Family Services FY04 (035-630-5276-5276) $ 15,000 15,000 $ 4,550,284 15,000 $ 4,550,284 15,000 Pursuant to the provisions of Section 12 of the City Charier, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. 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 July 21,2003 Honorable Ralph K. Smith, Mayor Honorable C. Nelson Harris, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Appropriation of Regional Disability Services Board Grant Funding - Family Services of Roanoke Valley Backqround: Considerations: The Fifth Planning District Commission Disability Services Board (DSB) is responsible to local governments and serves as a critical resource for needs assessment, information sharing and service opportunities for citizens with disabilities, their families and the community. The following jurisdictions in the Fifth Planning District have enacted resolutions establishing their participation in a regional effort and have appointed a local official to serve: the cities of Roanoke, Salem and Covington; counties of Roanoke, Craig, Botetourt and Alleghany and the Towns of Clifton Forge and Vinton. Other members of the DSB include representatives from business and consumers. City Council authorized the Director of Finance to serve as fiscal agent for the Fifth Planning District Disabilities Services Board on September 25, 1995, Resolution No. 32675-092595. Considerations: The State Department of Rehabilitative Services has allocated funds in the amount of $15,000 for a one-year period to provide direct services that will assist physical and sensory disabled individuals with home based personal care services. The grantee, Family Services of Roanoke Valley, will provide the required $1,666 cash match. Mayor Smith and Members of City CounciJ July 21, 2003 Page 2 Recommended action: City Council appropriate $15,000 in state grant funds for the DSB and establish a corresponding revenue estimate in accounts to be established by the Director of Finance in the Grant Fund. Respectfully submitted, City Manager DLB:ct C~ William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Mary F. Parker, City Clerk Jim Wells, Manager of Accounting Services Carol Tuning, Human Services Coordinator CM03-00149 July 18,2003 Deborah Pitts, Chairperson Fifth Planning District Disability Services Board Post Office Box 173 Salem, VA 24153 Dear Ms. Pitts, Thank you for submitting your proposals for the Competitive Rehabilitative Services Incentive Fund (RSIF) for Fiscal Year 2004. All proposals were carefully considered using the review process as defined in the Rehabilitative Services Incentive Fund Guidelines. The Disability Services Council met on June 24, 2003, and conducted a final review of the proposals submitted for funding. This letter is to officially inform you that the Family Services of Roanoke Valley was approved for funding. This proposal is for direct services that will assist physical and sensory disabled individuals with home based personal care services. The award is for $15,000 for one year with a required local match of $1,666. Funding is available for grants to begin on August 1, 2003. LaDonna Rogers will be developing the grants over the next month and will be in touch with you if she needs additional information. If you have any questions regarding the information contained in this letter or the grant review process, please contact LaDonna at 804-662-7154 VoiceFFTY or Sheila Williams at 804-662-7055 Voice/TTY. They can both also be reached at 800-552-5019 voice or 800-464-9950 TTY. Sincerely, Mary-Margaret Cash Chief Deputy Commissioner Cathy Thompson, FSRV Roslyn Kingery, Staff Support Jesse Hall, Fiscal Agent CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk July 25, 2003 File #60-178-236 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: Your report requesting allocation of the remaining $50,000.00 from the Derelict Structures Fund grant to the Blue Ridge Housing Development Corporation; and execution of an agreement with the Blue Ridge Housing Development Corporation to renovate property located at 1018 Jamison Avenue, S. E., was before the Council of the City of Roanoke at a regular meeting which was held on Monday, July 21, 2003. Action on a proposed resolution was deferred pending clarification of the $70,000.00 to be committed by Blue Ridge Housing Development Corporation and $30,000.00 to be committed by Total Action Against Poverty. Further clarification was requested as to how Derelict Structures Fund grants have been used in the past and future oppodunities for expenditure of funds. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh pc: Jesse A. Hall, Director of Finance Mike Etienne, Director, Housing and Neighborhood Services Barry L. Key, Director, Office of Management and Budget H:~Agenda,03\July 21, 2003 correspondence.wpd CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, $.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com July 21,2003 Honorable Ralph K. Smith, Mayor Honorable C. Nelson Harris, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable Beverly Fitzpatrick, 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: Virginia Derelict Structures Fund and Agreement With Blue Ridge Housing Development Corporation Background: On August 7, 2000, Roanoke City Council authorized the City Manager, by resolution, to apply to the Virginia Department of Housing and Community Development for $100,000 for the Derelict Structures Fund grant on behalf of the Northwest Neighborhood Environmental Organization and Two B Investments. Funds may be utilized for acquisition, demolition, removal, rehabilitation or repair of specific, targeted derelict structures. A 100% match of local funds is required. Funds were awarded and the funding agreement was executed between the City and the Department of Housing and Community Development on May 29, 2001. The Northwest Neighborhood Environmental Organization has expended their $50,000 allocation. Due to unforeseen issues, Two B Investments was unable to utilize the funds as required in a timely manner. Therefore the City of Roanoke has $50,000 in unexpended funds available. Considerations: At this time Blue Ridge Housing Development Corporation ("Blue Ridge"), a local non- profit housing group, is desirous of utilizing the remaining $50,000 to renovate the property located at 1018 Jamison Avenue. This property is located in our Southeast... by Design neighborhood. The house was built in 1900, has 2,793 square feet and is currently vacant. The property is vacant and in poor condition and has had some partial gutting on the inside of the structure. Proposed redevelopment includes gutting, interior and exterior rehabilitation, electrical and plumbing upgrades, HAVC and emergency upgrades, and water and sewer upgrades. Blue Ridge can immediately begin work on the property and use it as a showcase property to market the Southeast project. It was last used as a 4-unit residence and the renovations would convert it back to a duplex featuring the ability to live in one side and rent out the other side. Blue Ridge is committing $70,000 from its own line of credit, and in partnership with TAP will commit another $30,000 in private funds for match. Recommendation: Approve allocating the remaining $50,000 Derelict Structures Fund grant to Blue Ridge on a reimbursement basis, and authorize the City Manager to execute an agreement between the City of Roanoke and Blue Ridge. Respectfully submitted, City Manager DLB/dwm C~ Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Mike Etienne, Director of Housing and Neighborhood Services Barry L. Key, Director of Management and Budget #CM03-00152 AGREEMENT This Agreement is made and entered into this the following parties: Day of , by and between The Grantee City of Roanoke, Virginia 215 Chumh Avenue SW Roanoke, Virginia 24011 The Subgrantee Blue Ridge Housing Development Corporation P.O. Box 11683 510 11th Street, NW Roanoke, Virginia 24022 WITNESSETH: WHEREAS, by Resolution No. 35005-080700, the Roanoke City Council approved the execution of a grant agreement with the Virginia Department of Housing and Community Development for an allocation of funds from the Virginia Derelict Structures Fund (DSF); and WHEREAS, by Resolution No. , the Roanoke City Council approved the execution of a subgrant agreement between the Grantee and the Subgrantee to support the renovation of the building at 1018 Jamison Avenue in the City of Roanoke; NOW, THEREFORE, the parties hereto mutually agree as follows: I. RENOVATION PROJECT (a) General -- The Subgrantee shall undertake the complete renovation of the building located at 1018 Jamison Avenue, generally according to plans approved by the Grantee's Department of Housing and Neighborhood Services and in compliance with the Virginia Uniform Statewide Building Code. The Subgrantee shall renovate and use the building consistent with the application for the Derelict Structures Fund the Grantee submitted to the Virginia Department of Housing and Community Development in August 2000. (b) Regulatory Compliance -- The Subgrantee or the Subgrantee's contractor(s) shall obtain required permits prior to the beginning of renovations. Any use of the property shall be in conformance with Certificates of Occupancy issued by the Grantee, the Grantee's zoning and land use requirements, and all other applicable regulations of the Grantee. Page 1 of 10 (c) Period of this Agreement -- This Agreement shall be effective immediately upon its execution by both parties, and, unless amended or terminated, shall end the earlier of July 1, 2004, or disbursement of all funds to the Subgrantee by the Grantee. (d) Schedule -- The Subgrantee shall continue substantive work toward completion of renovation. Such work may include demolition of parts of the building preparatory to renovation or replacement of those parts. The Subgrantee shall complete renovations and obtain Certificates of Occupancy by July 1,2004. The Subgrantee shall submit required documentation of costs claimed for reimbursement from the Grantee by January 30, 2004. (e) Renovation costs -- Projected costs of the property's redevelopment are: Property Subgrantee's DSF Total Reimbursable Address Cost/Match Grant Rehab Cost DSF Funds 1018 Jamison Ave. $100,000 $50,000 $150,000 $50,000 (f) (g) Funds reimbursed to the Subgrantee by the Grantee from Virginia Derelict Structures Fund require a matching amount of funds in the project. The Subgrantee shall provide satisfactory documentation to the Grantee that the total of the renovation costs of the property, including predevelopment costs, architectural and engineering costs, and necessary legal costs associated with the renovation, is not less than 200% of the reimbursable amount shown in the table above. Such documentation shall be in a form acceptable to the Grantee, such as bills or invoices due, receipts for payments made, or copies of canceled checks used to pay for project activities. Regulations of the Derelict Structures Fund -- The Subgrantee agrees to abide by all regulations, requirements and conditions set forth by the Department of Housing and Community Development for use of the Derelict Structures Fund. The Subgrantee agrees to provide reasonable access to the project, and records pertaining thereto, by staff of the Grantee and the Department of Housing and Community Development to verify progress and completion of the project in accordance with the Derelict Structures Fund program and this agreement. At all times during the renovation, the Subgrantee shall comply with all applicable federal, state, and local laws, ordinances and regulations. Page 2 of 10 II. REIMBURSEMENT OF EXPENSES III. IV. (a) Form of Subsidy -- The total amount to be reimbursed to the Subgrantee by the Grantee from the Derelict Structures Fund under this Agreement is $50,000. The subsidy will be in the form of a grant of funds for reimbursement of eligible expenses. As funds will be released to the Subgrantee for expenses incurred or paid, no deed of trust or other encumbrance will be placed upon the property by the Grantee as the result of this agreement. (b) Claims for Reimbursement of Expenses -- The Subgrantee shall submit to the Grantee's Department of Housing and Neighborhood Services documentation of project expenses showing costs incurred or paid since the inception of the project. Such documentation shall be in a form acceptable to the Grantee, such as bills or invoices due, receipts for payments made, or copies of canceled checks used to pay for project activities. The request for reimbursement shall indicate the total of project expenses and the amounts, itemized by purpose, claimed for reimbursement from the Grantee. All documentation of costs claimed for reimbursement from the Grantee must be submitted to the Grantee by January 30, 2004. (c) Payment of Reimbursement -- Upon receipt of satisfactory documentation as described above, the Grantee shall reimburse the eligible expenses to the Subgrantee within thirty (30) days of receipt of the request and documentation. THIRD-PARTY CONTRACTS The Grantee shall not be obligated or liable hereunder to any party other than the Subgrantee. INSURANCE (a) Requirement of insurance. Blue Ridge Housing Development Corporation ("BRHDC") shall, at its sole expense, obtain and maintain during the life of this Agreement the insurance policies and bonds required by this section. Any required insurance policies and bonds shall be effective prior to the beginning of any work or other performance by BRHDC under this Agreement. The following policies and coverages are required: (1) Commercial General Liability. Commercial general liability insurance shall insure against all claims, loss, cost, damage, expense or liability from loss of life or damage or injury to persons or property Page 3 of 10 arising out of the BRHDC's performance under this Agreement. The minimum limits of liability for this coverage shall be $1 million combined single limit for any one occurrence. (2) Contractual Liability. Broad form contractual liability insurance shall include the indemnification obligation set forth in section VI of this Agreement. (3) Workers' Compensation. Workers' compensation insurance covering BRHDC's statutory obligation under the laws of the Commonwealth of Virginia and employer's liability insurance shall be maintained for all its employees engaged in work under this Agreement. Minimum limits of liability for employer's liability shall be one hundred thousand dollars and no cents ($100,000.00) bodily injury by accident each occurrence; five hundred thousand dollars and no cents ($500,000.00) bodily injury by disease (policy limit); and one hundred thousand dollars and no cents ($100,000.00) bodily injury by disease (each employee). With respect to workers' compensation coverage, the BRHDC's insurance company shall waive rights of subrogation against the City, its officers, employees, agents, volunteers and representatives. (4) Automobile Liability. The minimum limit of liability for automobile liability insurance shall be $350,000 combined single limit applicable to owned or non-owned vehicles used in the performance of any work under this Agreement. (5) Tenant's insurance. [optional if a lease]. Tenant shall, at its sole cost and expense, obtain and maintain during the life of this Lease a property insurance policy written on an "all risk" basis insuring all of tenant's personal property, including, but not limited to, equipment, furniture, fixtures, furnishings, and leasehold improvements which are Tenant's responsibility, for not less than full replacement cost of such property. All proceeds of such insurance shall be used to repair or replace tenant's property. (6) Umbrella Coverage. The insurance coverages and amounts set forth in subsections (a), (b), and (c) of this section may be met by an umbrella liability policy following the form of the underlying primary coverage in a minimum amount of $1 million. Should an umbrella liability insurance coverage policy be used, such coverage shall be Page 4 of 10 accompanied by a certificate of endorsement stating that it applies to the specific policy numbers indicated for the insurance providing the coverages required by subsections (a), (b), and (¢), and it is further agreed that such statement shall be made a part of the certificate of insurance furnished by BRHDC to this City. (7) Evidence of Insurance. All insurance shall meet the following requirements: Prior to execution of this Agreement, BRHDC shall furnish the City a certificate or certificates of insurance showing the type, amount, effective dates and date of expiration of the policies. Certificates of insurance shall include any insurance deductibles. Such certificates shall be attached to this Agreement at the time of execution of this Agreement and shall be furnished in a timely fashion to demonstrate continuous and uninterrupted coverage of all of the required forms of insurance for the entire term of this Agreement. The required certificate or certificates of insurance shall include substantially the following statement: "The insurance covered by this certificate shall not be canceled or materially altered, except after thirty (30) days written notice has been received by the Risk Management Officer for the City of Roanoke." The required certificate or certificates of insurance shall name the City of Roanoke, its officers, employees, agents, volunteers and representatives as additional insureds. Where waiver of subrogation is required with respect to any policy of insurance required under this section, such waiver shall be specified on the certificate of insurance. Insurance coverage shall be in a form and with an insurance company approved by the City which approval shall not be unreasonably withheld. Any insurance company providing coverage under this Page 5 of 10 VI. Agreement shall be authorized to do business in the Commonwealth of Virginia. (b) Ranges and Limits. At the end of one year, the City shall have the right to require increases in the amounts of insurance specified above. Any adjustments shall bear a reasonable relation to any change in the cost of living or cost of repair or replacement, as measured by changes in the consumer Price Index of the United States Bureau of Labor Statistics applicable to the Commonwealth of Virginia or comparable measure if the Consumer Price Index is no longer being issued. (c) Bond. Contractor shall post and maintain for the life of this Agreement a performance bond in favor of the City in the amount of SN/A. The bond shall be issued by a bonding company approved by the City and shall be conditioned upon BRHDC's full and punctual performance of BRHDC's obligations and undertakings under this Agreement. TERMINATION OF AGREEMENT In the event the Subgrantee materially fails to comply with any term of this Agreement, including failure to continue substantive work toward completion as determined in the sole discretion of the Grantee, the Grantee may suspend or terminate, in whole or in part, this Agreement with 15 days written notice to the Subgrantee. 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 the 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 Page 6 of 10 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. The Subgrantee shall maintain liability insurance with a quality company, issued by a company licensed to transact business in this state, during the life of the Agreement and shall furnish the City with a Certificate of Insurance which shall name the City, its officers, agents and employees as additional insureds, providing coverage against any and all claims and demands made by any person or persons whomsoever for property damages or bodily injury (including death) incurred in connection with the services to be provided under this Agreement. VII. 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. VIII. NONDISCRIMINATION 1. During the performance of this contract, 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. (2) 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. (3) 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. The Subgrantee will include the provisions of the foregoing subparagraphs A 1, 2 and 3 in every subcontract or purchase order of over ten thousand Page 7 of 10 IX. dollars ($10,000), so that the provisions will be binding upon each subcontractor or vendor. DRUG-FREE WORKPLACE 1. During the performance of this contract, the Subgrantee agrees to: (1) Provide a drug-free workplace for the Subgrantee's employees; (2) 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; (3) (4) 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 Include the provisions of the foregoing clauses in every subcontract or purchase order of over ten thousand dollars ($10,000), so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this section, "drug-free workplace" means a site for the performance of work done in connection with a specific contract awarded to a contractor in accordance with this chapter, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract. FAITH-BASED ORGANIZATIONS Pursuant to Section 2.2-4343.1 of the Code of Virqinia (1950), as amended, the City of Roanoke does not discriminate aqainst faith-based or.qanizat ons Xl. SUCCESSORS This Agreement shall be binding upon each of the parties, and their assigns, purchasers, trustees, and successors. Xll. AMENDMENTS Page 8 of 10 The Grantee, from time to time, may require changes in the obligations of the Subgrantee hereunder. In such event or events, such changes which are mutually agreed upon by and between the Grantee and the Subgrantee shall be incorporated in written amendment to this Agreement. XlII. GOVERNING LAW This Agreement shall be governed by laws of the Commonwealth of Virginia. XlV. AVAILABILITY OF FUNDS XV. Derelict Structure Funds to be reimbursed bythe Grantee to the Subgrantee under this Agreement is contingent upon necessary appropriation of such funds by the Virginia Department of Housing and Community Development to the Grantee. In the event that appropriation of such sufficient funds are withdrawn by the Department of Housing and Community Development, at the sole discretion of the Grantee, this Agreement may be terminated in whole or in part. NOTICE Any notice, request, or demand given or required to be given under this Agreement shall, except as otherwise expressly provided herein, be in writing and shall be deemed duly given only if delivered personally or sent by certified mail, return receipt requested to the addresses stated below. To the City: City Manager Room 364, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 To the Notice shall be deemed to have been given, if delivered personally, upon delivery, and if mailed, upon the third business day after the mailing thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day Page 9 of 10 and year herein above written: ATTEST: By Mary F. Parker, City Clerk FOR THE GRANTEE: By_ Darlene L. Burcham, City Manager ATTEST: FOR THE SUBGRANTEE: By_ By. Secretary Blue Ridge Housing Development Corporation President APPROVED AS TO FORM APPROVED AS TO EXECUTION Assistant City Attorney Assistant City Attorney APPROPRIATION AND FUNDS REQUIRED FOR THIS AGREEMENT CERTIFIED Director of Finance Account Number Page 10 of 10 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, A RESOLUTION authorizing execution of an Agreement between the City and Blue Ridge Housing Development Corporation in order to provide funds from the Derelict Structures Fund, in the amount of $50,000.00, to Blue Ridge Housing Development Corporation for renovation of property located at 1018 Jamison Avenue, upon certain terms and conditions. WHEREAS, by Resolution No. 35005-080700, adopted August 7, 2000, City Council authorized the City Manager to prepare and submit an application to the Virginia Department of Housing and Community Development for a grant from the Derelict Structures Fund in the amount of $100,000.00 on behalf of Northwest Neighborhood Environmental Organization and Two B Investments; WHEREAS, the grant was awarded, and a funding agreement was executed between the City and the Department of Housing and Community Development on May 29, 2001; WHEREAS, the City of Roanoke has $50,000.00 of unexpended funds from the grant; WHEREAS, Blue Ridge Housing Development Corporation CBRHDC") desires to utilize the City's remaining $50,000.00, on a reimbursement basis, to renovate property located at 1018 Jamison Avenue, which is in the Southeast by Design neighborhood; and WHEREAS, BRHDC is committing $70,000.00 from its own line of credit, and in partnership with Total Action Against Poverty, will commit another $30,000.00 for match. NOW, THEREFORE BE IT RESOLVED by the Council of the City of Roanoke that the City Manager, or the Assistant City Manager, is hereby authorized to execute any and all requisite H:/RES 0 LUTIONS\R-FUNDSTOBRHDC072103 DOC documents, approved as to form by the City Attorney, to allocate $50,000.00 of the Derelict Structures Fund grant to BRHDC on a reimbursement basis, as more particularly set out in the City Manager's letter dated July 21, 2003, to this Council. ATTEST: City Clerk. H:~ES OLUTIONSW. FLrNDSTOBRHDC072103 DOC CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk July 25, 2003 File #60-467 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. 36437-072103 amending and reordaining certain sections of the 2003-04 School and School Capital Projects Funds Appropriations, providing for appropriation of funds in connection with various school accounts; and dispensing with the second reading by title of the ordinance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 21, 2003, and is in full force and effect upon its passage. Mary F. Parker, CMC City Clerk MFP:mh Attachment Darlene L. Burcham, City Manager Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Cindy H. Lee, Clerk, Roanoke City School Board Barry L. Key, Director, Office of Management and Budget H:~Agenda.03\July 21, 2003 correspondence,wpd IN THE COUNCIL OF THE CiTY OF ROANOKE, VIRGINIA The 21st day of July, 2003. No. 36437-072103. AN ORDINANCE to amend and reordain certain sections of the 2003-2004 School and School Capital Projects 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 2003~2004 School and School Capital Projects Funds Appropriations be, and the same are hereby, amended and reordained to read as follows, in part: School Fund Appropriations Education Comprehensive School Reform Grant - Huff Lane 2003-04 (1-8) ........... Comprehensive School Reform Grant - Oakland 2003-04 (9-14) ............ Reading Program 2003-04 (15) ............................................................... D-Day Memorial Program 2003-2004 (16) ............................................... Comprehensive School Reform Grant - Noel Taylor Learning Academy 2003-04 (17-26) ..................................................... Other Uses of Funds (27-28) ................................................................... Revenues $137,719,181 75,000 75,000 110,295 5,000 50,000 5,261,681 Education Comprehensive School Reform Grant - Huff Lane 2003-04 (29) ............. Comprehensive School Reform Grant - Oakland 2003-04 (30) ............... Reading Program 2003-04 (31) ............................................................... D-Day Memorial Program 2003-04 (32) ................................................... Comprehensive School Reform Grant - Noel Taylor Learning Academy 2003-04 (33) .......................................................... School Capital Projects Fup,~ $137,719,181 75,O00 75,000 110,295 5,000 50,000 Appropriations Education Patrick Henry High School Project (34) $ 25,017,418 ................................................... 650,000 Revenues Non-Operating Transfer from School Fund (35) ............................................................... 1) Substitutes 2) MicroSociety Program Coordinator 3) Social Security 4) Retirement 5) MicroSociety School Reform Model 6) Staff Travel 7) Orchard Math Software 8) Equipment 9) Teacher Stipends 10) Social Security 11) Contracted Professional Development 12) Staff Travel 13) EveryDay Math Materials 14) Equipment 15) Reading Material 16) Field Trips 17) Substitute Teachers 18) Teacher Stipends 19) Social Security 20) Staff Travel 21) Evaluation Services 22) Professional Development 23) School Reform Model 24) Other Charges 25) Administrative Supplies 26) Instructional Supplies 27) Interest 28) Transfer to School Capital Projects Fund 29) Federal Grant Receipts 30) Federal Grant Receipts 31) Donations 32) Donations 33) Federal Grant Receipts (030-061-6113-6000-0021) $ 1,000 (030-061-6113-6000-0121) 20,000 (030-061-6113-6000-0201) 1,484 (030-061-6113-6000-0202) 124 (030-061-6113-6000-0313) 36,000 (030-061-6113-6000-0554) 3,000 (030-061-6113-6000-0615) 5,500 (030-061-6113-6000-0821) 7,892 (030-061-6114-6000-0129) 31,750 (030-061-6114-6000-0201) 2,430 (030-061-6114-6000-0313) 7,000 (030-061-6114-6000-0554) 1,000 (030-061-6114-6000-0614) 22,100 (030-061-6114-6000-0821) 10,720 (030-061-6612-6004-0614) 110,295 (030-062-6613-6004-0583) 5,000 (030-063-6115-6100-0021) 9,600 (030-063-6115-6100-0129) 2,787 (030-063-6115-6100-0201) 213 (030-063-6115-6100-0551) 2,500 (030-063-6115-6100-0584) 3,775 (030-063-6115-6100-0585) 14,000 (030-063-6115-6100-0586) 10,625 (030-063-6115-6100-0587) 1,500 (030-063-6115-6100-0601) 1,500 (030-063-6115-6100-0614) 3,500 (030-065-6007-6998-0902) (400,000) (030-065-6007-6999-9531) 400,000 (030-061-6113-1102) 75,000 (030-061-6114-1102) 75,000 (030-061-6612-1103) 110,295 (030-062-6613-1103) 5,000 (030-063-6115-1102) 50,000 $ 650,000 650,000 34) Appropriated from General Revenue 35) Transfer from School Fund (031-065-6066-6896-9003) (031-060-6066-1127) $ 400,000 400,000 Pursuant to the provisions of Section 12 of the City Charier, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. Phone: ROANOKE CITY SCHOOL BOARD P, O. Box :L3145 Roanoke, Virginia 24031 540-853-2381 -- Fax: 540-853-295:L July 21, 2003 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 July 1 meeting, the Board respectfully requests City Council to approve the following appropriations: · $800,000.00 for the Patrick Henry High School project. The monies will be used for architectural fees for the development of construction documents and for construction management services for the project. · $75,000.00 for the Comprehensive School Reform Grant for Huff Lane MicroVillage. The funds will provide for the replication of successful intervention programs from other school divisions at the school and will provide staffing for a MicroSociety program, which includes staff development and skills instruction for students. This continuing program will be one hundred percent reimbursed by federal funds. · $75,000.00 for the Comprehensive School Reform Grant for Oakland School. The funds will provide for the replication of successful intervention programs from other school divisions at the school and will provide staff development for teachers and math skills instruction for students. This continuing program will be one hundred percent reimbursed by federal funds. · $50,000.00 for the Comprehensive School Reform Grant for Noel Taylor Learning Academy. The funds will provide for the replication of successful intervention programs from other school divisions at the school and will implement a basic skills program, which includes staff development and remedial skills instruction. This continuing program will be one hundred percent reimbursed by federal funds. Members of Council Page 2 ]uly 21, 2003 re · $110,295.00 for the Schools' reading program. The funds will pay for reading materials for elementary school reading programs. A private donation has been received for this new program. · $5,000.00 for the D-Day Memorial Program. The funds will pay for D-Day Memorial visitations by students. A private donation has been received for this new program. Thank you for your attention to this request. Sincerely, Cindy H. Lee, Clerk CC; Mrs. Gloria P. Manns Dr. E. Wayne Harris Mr. Richard L. Kelley Mr. Kenneth F. Mundy Mrs. Darlene Burcham Mr. William M. Hackworth Mr. ~lesse A. Hall Mr. 3im Wells (with accounting Details) JESSE A. HALL Director of Finance July 21, 2003 CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, $.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~cl.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 M. Rupert Cutler, Council Member The Honorable Alfred T. Dowe, Jr., Council Member The Honorable Beverly T. Fitzpatrick, 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: $400,000 for the Patrick Henry High School project. The monies will be used for architectural fees, for the development of construction documents and for construction management services for the project. The total cost of this portion of the Patrick Henry High School project is $800,000. $400,000 was previously appropriated to the Patrick Henry High School Project account (031-065-6066- 6896) by Council on June 16, 2003 (Ordinance No. 36404-061603). The remaining $400,000 is available in the Schools' Other Uses of Funds account (030-065-6007-6998~0902) as a result of funding earmarked for future debt service which is available to cash-fund project costs. $75,000 for the Comprehensive School Reform Grant for Huff Lane MicroVillage. The funds will provide for the replication of successful intervention programs from other school divisions at the school and will provide staffing for a MicroSociety program, which includes staff development and skills instruction for students. This continuing program will be one hundred percent reimbursed by federal funds. $75,000 for the Comprehensive School Reform Grant for Oakland School. The funds will provide for the replication of successful intervention programs from other school divisions at the school and will provide staff development for teachers and math skills instruction for students. This continuing program will be one hundred percent reimbursed by federal funds. Honorable Mayor and Members of City Council July 21, 2003 $50,000 for the Comprehensive School Reform Grant for the Noel Taylor Learning Academy. The funds will provide for the replication of successful intervention programs from other school divisions at the school and will implement a basic skills program, which includes staff development and remedial skills instruction. This continuing program will be one hundred percent reimbursed by federal funds. $110,295 for the Schools' reading program. The funds will pay for reading materials for elementary school reading programs. A private donation has been received for this new program. $5,000 for the D-Day Memorial Program. The funds will pay for D-Day Memorial visitations by students. A private donation has been received for this new program. I recommend that you concur with this request of the School Board. Sincerely, Jesse A. Hall Director of Finance Attachment JAH/ctg C: Darlene L. Burnham, City Manager William M. Hackworth, City Attorney Mary F. Parker, City Clerk E. Wayne Harris, Superintendent of City Schools CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk July 25, 2003 File #20 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, July 21, 2003, Council Member Wyatt requested a briefing with regard to the traffic situation at Brandon Oaks Retirement Community. Mary F. Parker, CMC City Clerk MFP:mh pc: Kenneth H. King, Jr., Manager, Division of Transportation H:~;~enda.03\July 21, 2003 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) g53-2541 Fax: (540) 853-1145 E-mail: clerk~ci.roanoke.v~.us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk July 25, 2003 File #15-110-326 Ms. Jennifer L. Pfister 4701 Norwood Street, S. W. Roanoke, Virginia 24018-1933 Dear Ms, Pfister: At a regular meeting of the Council of the City of Roanoke which was held on Monday, July21,2003, you were appointed as a member of the Roanoke Valley-Alleghany Regional Commission, for a term ending June 30, 2006. Enclosed you will find a Certificate of your appointment 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 appointed. 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:~Agenda.03\July 21, 2003 Oaths.wpd Ms. Jennifer L. Pfister July 25, 2003 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a member of the Roanoke Valley- Alleghany Regional Commission. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosures pc: Wayne G. Strickland, Secretary, Roanoke Valley-Alleghany Regional Commission, 313 Luck Avenue, S. W., Roanoke, Virginia 24010 Stephanie M. Moon, Deputy City Clerk H:~Agenda.03\Ju[y 21, 2003 Oaths.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 twenty-first day of July, 2003, JENNIFER L. PFISTER was appointed as a member of the Roanoke Valley-Alleghany Regional Commission, for a term ending June 30, 2006. Given under my hand and the Seal of the City of Roanoke this twenty-fifth day of July, 2003. City Clerk H:~Agenda,03~July 21, 2003 Oaths.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 T¢lcphon~: (540) 853-2541 Fax: (540) 853-1145 E-mail: ¢lcrk~ci.roanok¢.va. us July 25, 2003 File #15-110-327 STEPHAN1E M. MOON Dcputy City Clerk SHE1LA N. HARTMAN Assistant City Clerk Mr. Edgar V. Wheeler 1320 Lakewood Drive, S. W. Roanoke, Virginia 24015 Dear Mr. Wheeler: At a regular meeting of the Council of the City of Roanoke which was held on Monday, July 21,2003, you were reappointed as a member of the Flood Plain Committee, for a term ending June 30, 2004. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am also enclosing copy of the Virginia Freedom of Information Act. 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 member of the Flood Plain Committee. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosures pc: Philip C. Schirmer, Engineering Liaison, Flood Plain Committee Stephanie M. Moon, Deputy City Clerk H:~Agenda.O3\July 21,2003 Oaths.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 T¢lephon~: (540) 853-2541 Fax: (540) 853-1145 E-mail: clcrk~ci.roanokc.va.us July 25, 2003 File #32-166-373 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clcrk Beth Doughty, Manager Warehouse Row, L.P. c/o Roanoke Regional Chamber of Commerce 212 South Jefferson Street Roanoke, Virginia 24011 Dear Ms. Doughty: I am enclosing copy of Ordinance No. 36438-072103 accepting the bid of Warehouse Row, L.P., and authorizing a second amendment and extension of an existing lease between the City of Roanoke and Warehouse Row, L.P., for the lease of property known as Warehouse Row Buildings located at 117 and 119 Norfolk Avenue, S. W.; authorizing the City Manager to execute the second amendment and lease extension; and dispensing with the second reading by title of the ordinance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 21, 2003, and is in full force and effect upon its passage. ~'~'~Sincerely, ~. ~d:l,A.~t,~Cn~ Mary F. Parker, CMC City Clerk MFP:mh Enclosure pc: Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Elizabeth A. Neu, Director, Economic Development Christopher L. Whitlow, Economic Development Administrator H:~Aaenda.03~Julv 21. 2003 corresoondence.wDd IN TIlE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of July, 2003. No. 36438-072103. AN ORDINANCE accepting the bid of Warehouse Row, L.P., and authorizing a second amendment and the extension of an existing lease between the City of Roanoke and Warehouse Row, L.P., for the lease of property known as the · Warehouse Row Buildings located at 117 and 119 Norfolk Avenue, SW, (the "Property"); authorizing the City Manager to execute such second amendment and lease extension; and dispensing with the second reading by title of this ordinance. WHEREAS, the original lease with Warehouse Row, L.P., was authorized by Ordinance No. 36046-081902 for a forty-year term beginning September 1, 2002, together with the first amendment dated May 20, 2003, to such lease agreement (both hereafter referred to as "lease" or "lease agreement"); and WHEREAS, financing for the renovation requires a lease greater than 39 ',6 years from the time the renovation is completed; and WHEREAS, the City has, by advertisement published once a week for two consecutive weeks in a paper of general circulation published in the City, publicly invited bids for the extension of the lease for the Property; and WHEREAS, one bid for the lease extension was received and was publicly opened at the City Council meeting held on July 21, 2003; and WHEREAS, City Council held a public hearing on such matter at its meeting on Monday, July 21, 2003, at which time all persons were accorded a full and fair opportunity to comment on such matter; and WHEREAS, the bid of Warehouse Row, L.P., to extend the existing lease of H:~M easures~Lease ex~ ension Warehouse Row 703.DOC ] the Property so that it will have a term of forty (40) years, commencing on July 25, 2003, and to be otherwise upon the same terms and conditions of the existing lease between the City of Roanoke and Warehouse Row, L.P., was deemed the most responsive and responsible bid made to the City for the extension of such lease. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Warehouse Row, L.P., to extend the lease of the Property so that it will have a term of 40 years commencing on July 25, 2003, is hereby ACCEPTED, with the other terms of the existing lease to remain in full force and effect. 2. The City Manager and City Clerk are hereby authorized, for and on behalf of the City, to execute a second amendment and lease extension between the City and Warehouse Row, L.P., for the Property, to be in a form approved by the City Attorney, and the City Manager is authorized to take such further action as may be needed to accomplish such extension, all as set forth in the City Manager's letter to Council dated July 21, 2003. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. 4. The City Clerk is directed to forward an attested copy of this ordinance to Warehouse Row, L.P. ATTEST: City Clerk. H:hMeasures\Lease extension Warehouse Row 703.DOC 2 BID FORM Extension of Warehouse Row Lease Agreement dated August 19, 2002 Bidder: Warehouse Row, L.P. Proposed terms of Lease Extension Extend the terms of the existing lease between the City of Roanoke and Warehouse Row, L.P., dated August 19, 2002, as amended by the First Amendment to Lease Agreement dated May 20, 2003, to provide for a new term of July 25, 2003 through midnight on July 24, 2043. All other terms of the existing lease shall remain unchanged. Dated this 16th day of July, 2003: Warehouse Row, L.P. (Bidder), by Warehouse Row, L.L.C~., its general partner By: Nan~:'~leth Dough~ Title: Manager 16225/16/1025156.1 CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, $.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com July 21,2003 Honorable Ralph K. Smith, Mayor Honorable C. Nelson Harris, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable M. Rupert Cutler, Council Member Honorable Alfred 7'. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Lease Extension of City Owned Property known as the Warehouse Row buildings located at 117 and 119 Norfolk Avenue S,W. Background: Last August, the City of Roanoke entered into a lease agreement with Warehouse Row, L.P. for the lease of the property known as the Warehouse Row buildings located at 117 and 119 Norfolk Avenue for a forty-year term beginning September 1,2002. As Warehouse Row, L.P. is utilizing historic tax credits to fund the renovation of the buildings, such funding requires a lease greater than 39 1/2 years from the time the renovation is complete. As the renovation is expected to be complete next month (August, 2003), Warehouse Row, L.P. is requesting the City to amend the lease agreement so that the lease will have a term of 40 years commencing on July 25, 2003. Such amendment will allow Warehouse Row, L.P. to meet the historic tax credit requirement. All other terms of the existing lease will remain in full force and effect. Since the amendment and lease extension involve a period of more than five years, the applicable statutes require an invitation to receive bids for such extension and a public hearing on the matter. An invitation to bid and notice of public hearing has been advertised and bids are to be submitted by 1:00 p.m. on July 21,2003, and the public hearing will be held at Council's 7:00 p.m. meeting that day. Honorable Mayor and Members of Council July 21,2003 Page 2 An Ordinance is attached as Attachment (A) that would be completed upon acceptance of the bid from the most responsive bidder and the name of such bidder inserted in such ordinance. Recommended Action: Following a public hearing and the opening and consideration of bids, accept the most responsive bid and authorize the City Manager to execute a second amendment and lease extension. Such agreement would extend the lease of the Property so that it will have a term of 40 years commencing on July 25, 2003, and which will be approved as to form by the City Attorney. Furthermore, authorize the City Manager to take such further actions as may be necessary to accomplish such extension. City Manager DLB:clw Attachment c: Jesse Hall, Director of Finance William M. Hackworth, City Attorney Mary F. Parker, City Clerk Elizabeth A. Neu, Director of Economic Development Christopher L. Whitlow, Economic Development Administrator CM03-00151 NOTICE: The Ordinance providing for the award and execution of the Second Amendment and Lease Extension Agreement for City owned property know as the Warehouse Row Buildings located at 117 and 119 Norfolk Avenue, S. W., will be submitted by the City Attorney after the bids are opened and reviewed. ADVERTISEMENT FOR INVITATION FOR BIDS AND NOTICE OF PUBLIC HEARING Before The Council of the City of Roanoke For Execution of a Lease Extension Agreement to an Existing Lease of certain City owned buildings located at 117 and 119 Norfolk Avenue, SW The City of Roanoke (City) hereby gives notice that it is seeking bids from qualified bidders to enter into a lease extension agreement with the City for an existing lease of City owned buildings located downtown at 117 and 119 Norfolk Avenue, SW, Roanoke, Virginia (Buildings). The lease extension period will be for a period from September 1, 2002, until July 25, 2003, and then the term shall be for forty (40) years commencing on July 25, 2003, and terminating at midnight on July 24, 2043, with the other terms &the existing lease dated September 1, 2002, with the first amendment, to remain in full force and effect. If the City elects to award a lease extension agreement, City Council will be requested to adopt an ordinance granting such an award which will provide in substance for the above requirements. A copy of the full text of the proposed ordinance is on file and may be reviewed in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, SW, Roanoke, Virginia, 24011. Any interested party is invited to submit a written bid for the lease extension agreement as set forth above. Each bidder shall submit at a minimum the following information: 1. The bidder's proposed terms for the proposed lease extension agreement. 2. Such other information as the bidder deems appropriate. Bids are to be submitted in sealed envelopes or containers to the City Clerk at the address noted 1 above on or before 1:00 p.m., local time, Monday, July 21, 2003. The outside of the bid envelope should be marked as follows: "BID FOR EXECUTION OF A LEASE EXTENSION AGREEMENT TO AN EXISTING LEASE FOR CERTAIN CITY OWNED BUILDINGS LOCATED AT 117 AND 119 NORFOLK AVENUE, SW, TO BE OPENED AT CITY COUNCIL MEETING AT 7:00 P.M. ON MONDAY, JULY 21, 2003." The bid shall be addressed to the City Council of Roanoke, c/o Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, SW, Roanoke, Virginia, 24011. All bids received will be held by the City Clerk, unopened, until 7:00 p.m., local time, on Monday July 21, 2003, at which time they will be delivered to the Council Chambers, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, SW, Roanoke, Virginia, 24011, and thereafter be publicly opened and read aloud in accordance with Section 15.2-2102, Code of Virginia (1950), as amended. The City reserves the fight to reject any and all bids, to waive any informality or irregularity in the bids received, and to accept the bid which is deemed to be in the best interest of the City. Pursuant to the requirements of Sections 15.2-1800 and 1813, Code of Virginia (1950), as amended, notice is hereby given that the Council of the City of Roanoke will hold a public hearing on the above matter on Monday, July 21, 2003, at 7:00 p.m., local time, or as soon thereafter as Council is available, in the Council Chambers, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, SW, Roanoke, Virginia. For further information on this matter, you may contact the Office of the City Clerk at (540)853-2541 or Mr. Chris Whitlow, Economic Development, at (540)853- 1698. All parties and interested 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 City Clerk's Office at (540)853-2541 before 12:00 noon on the Wednesday before the date of the heating listed above. 2 GIVEN under my hand this 2nd day of July ,2003. Mary F. Parker, City Clerk. Note to Publisher: Please publish twice in The Roanoke Times, Legal Notices once on Monday, July 7, 2003, and once on Monday, July 14, 2003. Send Publisher's Affidavit to: Send Bill to: Mary F. Parker, City Clerk 456 Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 Elizabeth A. Neu, Director of Economic Development 111 Franklin Plaza, Suite 200 Roanoke, VA 24011 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times .................................................. OFFICE OF ECONOMIC DEVELOPMENT SUITE 200 111 FRANKLIN PLAZA ROANOKE VA 24011 REFERENCE: 80084300 02163452 Lease Extension 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 Vir~nia. Sworn and subscribed before me this l~7~ _jday of July ~03. Witness my hand and ~_~=__~_~__~__ _ Notary Public ~'~sszon expires PUBLISHED ON: 07/07 07/14 TOTAL COST: 740.60 FILED ON: 07/14/03 Signature: .... , tNYII'All~N F6~ BIDS AND NOTICE OF PUBUC NEARING 1. The bidder's proposed terms for the proposed lease extension agreement. 2. Such other information as the bidder deems appropriate. 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 T¢lcphon~: (540) 853-2541 Fax: (540) 853-1145 E-mail: cler~(~ci.roanoke.va, us July 25, 2003 File #51 STEPHAN1E M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clcrk Eric R. Spencer, Attorney VSB #17427 P. O. Box 2542 Roanoke, Virginia 24010 Dear Mr. Spencer: At a regular meeting of the Council of the City of Roanoke which was held on Monday, July 21, 2003, a public hearing was held on the request of Boutros Y. and Shelia L. Melki that a tract of land located at 926 Indiana Avenue, N. E., identified as Official Tax No. 3060505, be rezoned from RM-1, Residential Multi-family, Low Density District, to CN, Neighborhood Commercial District. The request for rezoning was denied. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure pc: Mr. Fred C. Crews, 918 Indiana Avenue, N. E., Roanoke, Virginia 24012 Ms. Linda $. Tate, 930 Indiana Avenue, N. E., Roanoke, Virginia 24012 Ms. Ethel M. Harrison, 919 Missouri Avenue, N. E., Roanoke, Virginia 24012 Ms. Barbara H. Haynes, 4959 Lantern Street, N. W., Roanoke, Virginia 24019 Ms. Robin Wheeler, 929 Missouri Avenue, N. E.. Roanoke, Virginia 24012 Blue Ridge Trustees, 3299 Happy Hollow Road, Blacksburg, Virginia 24060 Phillip Clark, President, Hollins Road North Civic League, 1222 Liberty Road, N. E., Roanoke, Virginia 24012 Mr. Richard Hendricks, Hollins Road North Civic League, 930 Missouri Avenue, N. E., Roanoke, Virginia 24012 H:'~Agenda.03\July 21,2003 correspondence.wpd Eric R. Spencer, Attorney July 25, 2003 Page 2 pc: Darlene L. Burcham, City Manager Rolanda B. Russell, Assistant City Manager for Community Development Willard N. Claytor, Director, Real Estate Valuation 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.03~July 21, 2003 con-espondence.wpd Architectural ReMew Board Board of Zoning Appeals Planning ( ommiasion 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: pla n ning~ci.roanoke.va.us July 21, 2003 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: Request from Boutros and Sheila Melki, represented by Eric R. Spencer, attorney, to rezone a tract of land known as 928 Indiana Avenue, N.E., also known as Tax #3060505, from RM-1, Residential Multifamily, Low Density District, to CN, Neighborhood Commercial District. Planning Commission Action: Planning Commission public hearing was held on Thursday, April 17, 2003. By a vote of 0-6 (Mr. Manetta absent), the motion to recommend the rezoning to City Council failed. Background: The subject parcel, zoned RM-1, Residential Multifamily, Low Density District, is approximately 13,222 square feet. A 1,800 square foot, one-story structure, formerly used as a church fellowship hall, is located on the subject parcel and fronts on Indiana Avenue. A 900 square foot covered porch is attached to the eastern end of the building. Considerations: The surrounding properties are zoned RM-1, Residential Multifamily, Low Density District. All adjoining properties, except for the church across the street, are currently single-family residential uses. The 900 block of Indiana Avenue and the parallel block on Missouri Avenue are residential in character and land use. The property on the corner of Indiana Avenue and Hollins Road is zoned LM, Light Manufacturing District, and is used by a construction company for its offices. This LM parcel, which fronts on Hollins Road, and the subject property are separated by a viable single-family residential house fronting on Indiana Avenue. The Petitioner proposes to maintain the existing building and provide an appliance repair center. Such a use would be permitted in a CN district; however, the CN rezoning is inappropriate in this case. The CN district is intended to maintain or create commercial core areas within a neighborhood rather than permitting the unplanned dispersion of commercial uses throughout the area. A rezoning of the subject parcel in order to allow a single commercial use among primarily residential uses is not consistent with the intent of the CN district. Development of the site as proposed is inconsistent with the following policies and statements of Vision 2001-2020, the City's Comprehensive Plan: · Commercial Development: Roanoke will encourage commercial development in appropriate areas (i.e., key intersections and centers) of Roanoke to serve the needs of citizens and visitors (p.59, ED P6). · Neighborhoods as villages: Neighborhood-oriented commercial activity will be encouraged in well-defined village centers (p.40, NH P2). · Village Centers: Centers generally have fixed limits so that commercial activity does not encroach into the surrounding residential areas (p.40, Strategic Initiative). Under the existing zoning ordinance, the CN, Neighborhood Commercial District is the strongest tool for encouraging the development of neighborhood village centers and neighborhood commercial activity. The subject parcel is located on a residential neighborhood street in which further commercial development is unlikely and undesirable. Staff received a letter in opposition to the petition from Rick Hendrick, a representative of the Hollins Road North Civic League, expressing concern that the area of the subject property is a neighborhood of single family housing and that a commercial property would add to the traffic, endanger neighborhood children, and create more noise. Staff also received a petition with 32 signatures, expressing opposition to the rezoning. Those signatures represent seven properties on Indiana Avenue, seven on Missouri Avenue, six on Mohawk Avenue, three on Monticello Avenue, and three on Hollins Road. Planning Commission Hearing: During the Planning Commission hearing, Eric Spencer, attorney, presented the request. Boutros and Sheila Melki, petitioners, also spoke on behalf of their petition. Nancy Snodgrass presented the staff report, recommending denial of the request. Mr. Rick Hendrick, 933 Missouri Avenue, N.E., and a representative of the Hollins Road North Civic League, appeared before the Commission to voice opposition to the rezoning request. Mr. Hendrick said he was speaking for a number of residents who were present at the hearing, and he asked them to stand. Mr. Hendrick stated that he and many of his neighbors are opposed to the rezoning request because the area is a neighborhood of single- family homes, and he supported the vitality of the residential neighborhood with information that four new homes have been built and purchased in the community during the past year. Mr. Hendrick also referenced a letter of opposition he submitted to staff as well as a petition representing property owners on Indiana Avenue, Missouri Avenue, Mohawk Avenue, Monticello Avenue, and Hollins Road. Planning Commission discussion included the following: · The amount of other CN, C-2, and LM zoned properties, in the area that would permit operation of an appliance repair shop; · The ramifications, if any, of the easement on the adjoining property that would appear on the survey to include part of the functional operation of the building on the subject property; · Other uses that would be permitted with a CN zoning; and · The inappropriateness of the location for commercial use given the predominant residential character of the street and parallel streets in the area. Recommendation: The Commission recommends the request be denied. Given the surrounding land use pattern and the intent of the CN, Neighborhood Commercial District, the Commission cannot support the request for rezoning to CN. Respectfully submitted, Robert B. Manetta, Chairman Roanoke City Planning Commission CC: Darlene L. Buroham, City Manager Rolanda Russell, Assistant City Manager for Community Development William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Eric R. Spencer, Attorney for the Petitioner IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA REZONING OF A TRACT OF LAND KNOWN AS 926 INDIANA AVENUE, N.E.; ALSO KNOWN AS TAX #3060505, FROM RESIDENTIAL TO NEIGHBORHOOD COMMERICAL TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioners, Boutros Y. Melki and Shelia L. Melki, own land in the City of Roanoke containing 0.293 acres, more or less, located at 926 Indiana Avenue, N.E., in the City of Roanoke, Virginia, also known as Tax #3060505. Said tract is currently zoned RM-1. A map of the property to be rezoned is attached hereto as Exhibit "A". Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioners request that the said property be rezoned from RM-1 to CN, neighborhood commercial, for the purpose of repairing small appliances. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will maintain an existing building and will provide an appliance repair center to the neighborhood. Attached as Exhibit "B" is a survey of said tract showing the location of existing improvements on the property including necessary parking for the facility. Attached as Exhibit "C" are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to and immediately across the street from the property to be rezone& WHEREFORE, the Petitioners request 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 6th day of March, 2003. Respectfully submitted, BOUTROS Y. ~¢I~i ......... 'x~ SHELI~E- I/~. / Eric Roland Spencer VSB #17427 P.O. Box 2542 Roanoke, Virginia 24010 (540) 343-4712 (540) 981-0441 (facsimile) Counsel for Petitioners Boutros Y. Melki 5220 Heatherstone Road Roanoke, Virgini~a".24012 ~'~i'~lia L. M~ki ~-' - k_ 5~20 Hearthstone Road R[oanoke, Virginia 24012 LEGEND I TAX /3060508 TAX ~30~0503 I INS~ ~9~01950~ I ~ S89'55'00'E 89.25' ., · N/F ROBIN WHEELER TAX /3060509 /NSF /02000120 FENCE . 67. 1 ' :5.1'  ~ 0.293 ACRE CONC. ~ PA TIO CONC. sroo~ SEE NOTE ~ ~ I STORY BRICK ~ ~0' 'N ~STONE ~ PK FND. ~ P~NTERS /N BLDG. HOLLINS 73.3' LINK FENCE 69.3' INDIANA A VENUE, N.E. 40' R/W NOTES: 1. OWNERS OF RECORD: TRUSTEES OF- NEW HOPE BAPTIST CHURCH 2. LEGAL REFERENCE: DEED BOOK 1781, PAGE 1379 3. TAX MAP NUMBER: 306050.5 4. UNDERGROUND UTILIlh' SERVICE LINES 5. SEE PERPETUAL ESMT. FOR ENCROACHMENTS OF THAT PORTION OF BRICK CHURCH BUILDING, SIDEWALK & BRICK WALL, THE PROPERTY SHOWN HEREON. PHYSICAL IMPROVEMENT SURVEY FOR BOURTOS Y. IVlELKI SHE/LA L. MELKI 926 INDIANA AVENUE, N.E. AS DESCRIBED IN DEED BOOK 1781, PAGE 1579 BEING A REVISED DESCRIPTION OF THE WEST PART OF LOT 1, BLOCK 11 FAtRMOUNT CITY OF ROANOKE, VIRGINIA SURVEYED NOVEMBER 11, 2002 JOB #R0221112.00 SCALE: 1" : 30' TFL: 540-772-9580 FAX: 54-0-772-8050 ~ PLANNERS ARCHITEC1~ ENGINEERS SURVEYORS ICHK:MAC Bolzer & AssocJetes, Inc. 1208 Corporote Circle Roonoke Vo. 24018 Fred C. Crews Linda S. Tate Ethel M. Harrison Barbara H. Haynes Robin Wheeler Blue Ridge Trustees 929 Indiana Avenue //3060511 918 Indiana Avenue Roanoke, Virginia 24012 //3060504 930 Indiana Avenue Roanoke, Virginia 24012 #3060503 919 Missouri Avenue Roanoke, Virginia 24012 //3060508 4959 Lantern Street, N.W. Roanoke, Virginia 24019 #3060509 929 Missouri Avenue Roanoke, ~Virginia 24012 //3060709 3299 Happy Hollow Road Blacksburg, Virginia 24060 TO THE HONORABLE MAYOR AND MEMBERS OF THE ROANOKE CITY COUNCIL; WE THE CITIZENS AND NEIGHBORS OF THE PROPERTY LOCATED AT 926 INDIANA AVENUE NE. OPPOSE THE REZONING OF SAID PROPERTY FROM RM-1 TO CN. THIS WOULD BE IN DIRECT CONFLICT WITH THE CITIES PLAN TO HAVE MORE SINGLE FAMILY DWELLINGS WITHIN THE CITY. THIS WOULD ALSO ADD MORE TRAFFIC TO OUR COMMUNITY AND ADD TO DANGER TO THE CHILDREN WHO LIVE IN THE HOMES THAT SURROUND THIS PROPERTY. WE DO NOT WANT ANY BUSINESS TO BE OPERATED BETWEEN TWO SINGLE FAMILY HOMES. NAME ADDRESS ...... 2_/_____~~_~__~_~ ......... e_~_~.__:~~___~_~z/< _t~.~-k .... _C~_ ........ ~_t_~_____~:2~.a~_:_~__st _~___~__~_t_t_e_lJ ...... ~_tt__g__5__~__~_ ...... _,_.,,____,_,.,_,_,_,__,_,__'_,_,_/t/, * 10 - .... ,4,~,~____p~t~k~_ ................... ~22 .... _z=2zo~_~__.d.v_e_. ...... TO THE HONORABLE MAYOR AND MEMBERS OF THE ROANOKE CITY COUNCIL; WE THE CITIZENS AND NEIGHBORS OF THE PROPERTY LOCATED AT 926 INDIANA AVENUE NE. OPPOSE THE REZONING OF SAID PROPERTY FROM RM-1 TO CN. THIS WOULD BE IN DIRECT CONFLICT WITH THE CITIES PLAN TO HAVE MORE SINGLE FAMILY DWELLINGS WITHIN THE CITY. THIS WOULD ALSO ADD MORE TRAFFIC TO OUR COMMUNITY AND ADD TO DANGER TO THE CHILDREN WHO LIVE IN THE HOMES THAT SURROUND THIS PROPERTY. WE DO NOT WANT ANY BUSINESS TO BE OPERATED BETWEEN TWO SINGLE FAMILY HOMES. NAME ADDRESS _o / 8 TO THE HONORABLE MAYOR AND MEMBERS OF THE ROANOKE CITY COUNCIL; WE THE CITIZENS AND NEIGHBORS OF THE PROPERTY LOCATED AT 926 iNDIANA AVENUE NE. OPPOSE THE REZONING OF SAID PROPERTY FROM RM-1 TO CN. THIS WOULD BE IN DIRECT CONFLICT WITH THE CITIES PLAN TO HAVE MORE SINGLE FAMILY DWELLINGS WITHIN THE CITY. THIS WOULD ALSO ADD MORE TRAFFIC TO OUR COMMUNITY AND ADD TO DANGER TO THE CHILDREN WHO LIVE IN THE HOMES THAT SURROUND THIS PROPERTY. WE DO NOT WANT ANY BUSINESS TO BE OPERATED BETWEEN TWO SINGLE FAMILY HOMES. NAME ADDRESS TO THE HONORABLE MAYOR AND MEMBERS OF THE ROANOKE CITY COUNCIL; WE THE CITIZENS AND NEIGHBORS OF THE PROPERTY LOCATED AT 926 INDIANA AVENUE NE. OPPOSE THE REZONING OF SAID PROPERTY FROM RM-1 TO CN. THIS WOULD BE IN DIRECT CONFLICT WITH THE CITIES PLAN TO HAVE MORE SINGLE FAMILY DWELLINGS WITH1N THE CITY. THIS WOULD ALSO ADD MORE TRAFFIC TO OUR COMMUNITY AND ADD TO DANGER TO THE CHILDREN WHO LIVE IN THE HOMES THAT SURROUND THIS PROPERTY. WE DO NOT WANT ANY BUSINESS TO BE OPERATED BETWEEN TWO SINGLE FAMILY HOMES. NAME ADDRESS MARCH 15 2003 CITY OF ROANOKE PLANNING COMMISSION; I HAVE TALKED TO NEIGI-IBORS OF THE PROPERTY LOCATED AT 926 INDIANA AVENUE N.E. AND HAVE GOTTEN A LOT OF COMMENTS FOR THE REZONE REQUEST OF SAID PROPERTY FROM RM- 1 TO CN. I WE ARE IN A NEIGHBORHOOD OF SINGLE FAMII.y HOUSING. 2 WE HAVE NO SIDE WALKS ON INDIANA AVE.. 3 W'E HA¥'E iv-a~£ FAM~,iES ~v~iri S~oa~L ~HJ~OF,~N WHO PLAY ACROSS THE STREET FROM THIS PROPERTY. 4 THE ONLY ACCESS FROM HOME TO HOME IS ON THE STREET. 5 A COMMERCIAL PROPERTY WOULD ONLY ADD TO THE TRAFFIC AND DANGER OUR CHILDREN. 6 THIS WOULD ADD MORE NOISE. 7 THIS WOULD REDUCE THE PROPERTY VALUE OF OUR HOMES. 8 WE HAVE HAD 4 NEW HOMES BUILT AND SOLD WITHIN TWO STREETS OF INDIANA AVE. · 9 WE WANT TO GROW WITH HOMES FOR OUR FAMII.IES NOT A BUSINESS. 10 MOST SAY THEY DON'T WANT THIS . AFTER HEARING THIS, I AS A NEIGHBORHOOD LEADER CAN NOT AGREE WITH THE REZONING REQUEST. MR. MELKI BOUGHT THIS PROPERTY KNOWING IT WAS ZONED FOR RM-1 IT SHOULD STAY THAT WAY. :.THANK YOU RICK HENDRICK HOLLINS ROAD NORTH CIVIC LEAGUE. RECEIVED CITY OF FIOANOKE PLANNING BUILDING AND DEVELOPMENT 3111412 926 Indiana Ave, NE ~LLO AV ~ 306~301 RM-2 3111501 3040101 F~U-' 3061502 3~61503 S June 26, 2003 Mary F. Parker, City Clerk City of Roanoke 456 Municipal Bldg. 215 W. Church Avenue, S.W. Roanoke, Virginia 24011 Re: Boutros Y. Melki and Shelia L. Melki 926 Indiana Avenue, N.E. Dear Ms. Parker: On behalf of my clients, Boutrous and Shelia Melki, I enclose Motion to recuse Counsel Member, Alfred T. Dowe, Jr., for your filing. Please advise me immediately if you require a hearing regarding the enclosed motion. Eric Roland Spencer ERS/sh Enclosure ERIC ROLAND SPENCER IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: REZONING OF A TRACT OF LAND KNOWN AS 926 INDIANA AVENUE, N.E.; ALSO KNOWN AS TAX #3060505, FROM RESIDENTIAL TO NEIGHBORHOOD COMMERICAL MOTION TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: 1. That your Petitioners, Boutros Metki and Shelia Melki filed a Petition to Rezone in the City Clerk's Office on March 6, 2003. 2. That a public hearing is scheduled before the City Council Members on July 21,2003, at which time Counsel Member Alfred T. Dowe, Jr., will be sitting; 3. That Alfred T. Dowe, Jr., is presently involved in civil litigation wherein Eric Roland Spencer, attorney tbr Boutros Melki and Shelia Melki, represents the opposing party' to Mr. Dowe: 4. That the appearance of justice and impartiality requires that Alfred T. Dowe, Jr., recuse himself from all further matters pertaining to the proceedings herein. WHEREFORE, Boutros Melki and Shelia Melki, pray that the Honorable Alfred T. Dowe, Jr., recuse himself from the vote on July 21,2003 at 7:00 p.m., regarding the Re-zoing application of the petitioners. Eric Roland Spencer VSB #17427 P.O. Box 2542 Roanoke, Virginia 24010 (540) 343-4712 (540) 981-0441 (facsimile) Counsel for Petitioners Respectfully submitted, BOUT~EL1A L. MELKI By: ~'~ ~ Of Counsel MARY F. PARKER, CMC City Clerk CITY OF ROANOKF, OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011~1536 T¢lcphon~: (:540) 853-2541 Fax: (540) 853-1145 E-mail: clcrk~ci.roanoke.va.us July 8, 2003 STEPHANIE M. MOON Deputy City Clerk SHEll& N. HARTMAN Assistant City Clerk Eric R. Spencer, Attorney VSB #17427 P. O. Box 2542 Roanoke, Virginia 24010 Dear Mr. Spencer: This will acknowledge receipt of your communication under date of June 26, 2003, with regard to the rezoning of a tract of land located at 926 Indiana Avenue, N. E., from Residential Multi-family, Low Density District, to CN, Neighborhood Commercial District, in which you have enclosed a motion that Council Member Alfred T. Dowe, Jr., recuse himself from voting. The request for rezoning has been advertised for public hearing before the Council of the City of Roanoke at a regular meeting to be held on Monday, July 21,2003, 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. I am advised by Council Member Dowe that he will make a decision on the question of whether or not to recuse himself from voting on the rezoning at the Council meeting on Monday, July 21 at 7:00 p.m. Mary F. Parker, CMC City Clerk MFP:mh pc; The Honorable Alfred T. Dowe, Jr., 2816 Aspen Grove Court, N. W., Roanoke, Virginia 24017 William M. Hackworth, City Attorney N:\CKMHI\Public Hea rings.03\Melki.Dowe, Decision.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: ¢lcrk~¢i.roanok¢.va. us May 7, 2003 File #51 STEPHANIE M. MOON Deputy City Clcrk SHEILA N. HARTMAN Assistant City Clcrk Eric R. Spencer, Attorney VSB #17427 P. O. Box 2542 Roanoke, Virginia 24010 Dear Mr. Spencer: I wish to acknowledge receipt of your communication which was received in the City Clerk's Office on May 2, 2003, in connection with the request of Boutros Y. and Shelia L. Melki that a tract of land containing 0.293 acre, more of less, located at 926 Indiana Avenue, N. E., identified as Official Tax No. 3060505, be rezoned from RM-1, Residential Multi-family, Low Density District, to CN, Neighborhood Commercial District. Pursuant to your request, the public hearing before Roanoke City Council which was previously scheduled for Monday, May 19, 2003, at 7:00 p.m., will be rescheduled for Monday, July 21,2003, 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. Mary F. Parker, CMC City Clerk MFP:mh pc; Mr. Fred C. Crews, 918 Indiana Avenue, N. E., Roanoke, Virginia 24012 Ms. Linda S. Tate, 930 Indiana Avenue, N. E., Roanoke, Virginia 24012 Ms. Ethel M. Harrison, 919 Missouri Avenue, N. E., Roanoke, Virginia 24012 Ms. Barbara H. Haynes, 4959 Lantern Street, N. W., Roanoke, Virginia 24019 Ms. Robin Wheeler, 929 Missouri Avenue, N. E, Roanoke, Virginia 24012 Blue Ridge Trustees, 3299 Happy Hollow Road, Blacksburg, Virginia 24060 Phillip Clark, President, Hollins Road North Civic League, 1222 Liberty Road, N. E., Roanoke, Virginia 24012 Mr. Richard Hendricks, Hollins Road North Civic League, 930 Missouri Avenue, N. E., Roanoke, Virginia 24012 Martha P. Franklin, Secretary, City Planning Commission N:\CKMHl\Public Hearings.03\Melki Public Hearing Rescheduling.wpd FROM : ERIC ROLAND SPENCER, P.C. PHONE NO. : 540 981 0441 May. 82 21~ 02:07PM Pi VIA FACSIMILE - 540/853 - 1448 May2,2003 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 Linde F. Wyatt, Council Member ATTN: STEPHANIE MOON Re: Request of Boutros and Shelia Melki, to rezone a tract of land known as 926 Indiana Avenue, N.E., also known as Tax #3060505, from RM-1, Residential Multifarnily, Low Density D/strict, to CN, Neighborhood Commercial District Dear Stephanie: This will confirm your telephone conversation with my office today wherein you were advised that I will be out of the country on May 19, 2003. I am by this letter hereby requesting the public hearing regarding Mr. and Mrs. Melki's petition to rezone the subject property be continued from May 19 to July 21, 2003, at 7:00 p.m. This will further confirm that you advised that you will immediately contact the Roanoke Times to change the date on the legal advertisement to save Mr. and Mrs. Melki additional costs of advertising. Should you have any questions or need additional information please feel free to contact ERS/sh cc: Bourtros and Shelia Melki MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Tclephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk~ci.roanoke.va, us May 2, 2003 File #51 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Eric R. Spencer, Attorney VSB #17427 P. O. Box 2542 Roanoke, Virginia 24010 Dear Mr. Spencer: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, May 19, 2003, 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 Boutros Y. and Shelia L. Melki that a tract of land containing 0.293 acre, more of less, located at 926 Indiana Avenue, N. E., identified as Official Tax No. 3060505, be rezoned from RM-1, Residential Multi-family, Low Density District, to CN, Neighborhood Commercial 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 May 19 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 H:~°ublic Headngs.03~May 19.att-po.lttrs.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 T¢lcphon~: (540) 853-2541 Fax: (540) 853-1145 E-mail: clef k~ ¢i.roanoke.v a.us May 2, 2003 File #51 STEPHANIE M. MOON Deputy City Clc~k SHEILA N. HARTMAN Assistant City Clerk Mr. Fred C. Crews 918 Indiana Avenue, N. E. Roanoke, Virginia 24012 Blue Ridge Trustees 3299 Happy Hollow Road Blacksburg, Virginia 24060 Ms. Linda S. Tate 930 Indiana Avenue, N. E. Roanoke, Virginia 24012 Ms. Ethel M. Harrison 919 Missouri Avenue, N. E. Roanoke, Virginia 24012 Ms. Barbara H. Haynes 4959 Lantern Street, N. W. Roanoke, Virginia 24019 Phillip Clark, President Hollins Road North Civic League 1222 Liberty Road, N. E. Roanoke, Virginia 24012 Mr. Richard Hendricks Hollins Road North Civic League 930 Missouri Avenue, N. E. Roanoke, Virginia 24012 Ms. Robin Wheeler 929 Missouri Avenue, N. E. Roanoke, Virginia 24012 Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, May 19, 2003, 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 Boutros Y. and Shelia L. Melki that a tract of land containing 0.293 acre, more of less, located at 926 Indiana Avenue, N. E., identified as Official Tax No. 3060505, be rezoned from RM-1, Residential Multi-family, Low Density District, to CN, Neighborhood Commercial District. The City Planning Commission is recommending that Council deny 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. H:~Pul31ic Hearings.03\Ma¥ 19.att-po.lttrs.wpd Interested Property Ownerand/or A~oining Property Owner May 2,2003 Page 2 This letter is provided for you r 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, MFP:mh Mary F. Parker, CMC City Clerk H:\Pub~lc Headngs.03\May 19.att-po.lttrs.wpd The Roanoke Times Roanoke, virginia Affidavit of Publication The Roanoke Times .................................................. + ........................... SPENCER, ERIC ROLAND P. O. BOX 2542 ROANOKE VA 24010 REFERENCE: 80058655 02118402 Indiana 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 Vi~nia. Sworn and subscribed before me this _9 day of May 2003. Witness my hand and otary Public ~-co~mis~Sn-- ~---'-------~-~xpir~s ---fr2~l- _ _~_~_~ . PUBLISHED ON: 05/02 05/09 TOTAL COST: FILED ON: 230.00 05/09/03 Authorized ~ ~ ~,~ ~" ; ~ Signature:__J~~_~_~/_~~_,-- ~' '~'~'~ Billing Services Representative NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, July 21, 2003, at 7:00 p.m., in the Council Chamber in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., on the question of rezoning from RM-1, Residential Multifamily, Low Density District, to CN, Neighborhood Commercial District, the following property: That certain 0.293 acres, more of less, located at 926 Indiana Avenue, N.E., designated as Official Tax No. 3060505. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Noel C. Taylor 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, July 17, 2003. GIVEN under my hand this 2nd. day of July ,2003. Mary F. Parker, City Clerk. H/NOTICES\N-REZO-MELKI072103 DOC Notice to Publisher: Publish in the Roanoke Times once on Friday, July 4, 2003, and once on Friday, July 11, 2003. Send affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 Send bill to: Eric Roland Spencer, Esquire P. O. Box 2542 Roanoke, Virginia 24010 (540) 3434712 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times .................................................. + ........................... SPENCER, ERIC ROLAND P. O. BOX 2542 ROANOKE VA 24010 REFERENCE: 80058655 02162910 Indiana Avenue, NE 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 July 2003. Witness my hand and official seal. My commission expires _/9/Ldk~_jl~D_O_~ .... . PUBLISHED ON: 07/04 07/11 TOTAL COST: 225.40 FILED ON: 07/18/03 Authorized ~ ~ ~ /'~-- ' Signature :_ ///~/, ~/,__~_/_~_~/~F'~_~ A~, Billing Services Representative / 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 Heating on Monday, May 19, 2003, at 7:00 p.m., in the Council Chamber in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., on the question of rezoning from RM-1, Residential Multifamily, Low Density District, to CN, Neighborhood Commercial District, the following property: That certain 0.293 acres, more of less, located at 926 Indiana Avenue, N.E., designated as Official Tax No. 3060505. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Noel C. Taylor 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 heating, contact the City Clerk's Office, 853-2541, by Thursday, May 15, 2003. GIVEN under my hand this 29th day of April , 2003. Mary F. Parker, City Clerk. H \NOTICES/N REZO-MELKI051903 DOC Notice to Publisher: Publish in the Roanoke Times once on Friday, May 2, 2003, and once on Friday, May 9, 2003. Send affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 Send bill to: Eric Roland Spencer, Esquire P. O. Box 2542 Roanoke, Virginia 24010 (540) 3434712 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, April 17, 2003, 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. Request from Boutros and Sheila Melki, represented by Eric Roland Spencer, attorney, that 0.293 acres, more or less, located at 926 Indiana Avenue, N.E., designated as Official Tax No. 3060505, be rezoned from RM-1, Residential Multifamily, Low Density District, to ON, Neighborhood Commercial District. A copy of the 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 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 pdnt in newspaper on Tuesday, April 1 and 8, 2003 Please charge to: Eric Roland Spencer P O Box 2542 Roanoke, VA 24010 (540)343-4712 Send affidavit of publication to: Martha P. Franklin Department of Planning Building & Development 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: Boutros and Sheila Melki at 926 Indiana Avenue,N.E.) AFFIDAVIT Tax No.3060505, from RM-1 to CN, ) 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 21st day of March, 2003, notices of a public hearing to be held on the 17th day of April, 2003,on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner's Name 3060511 Fred C. Crews 3060504 Linda S. Tate 3060503 3060508 Ethel M. Harrison, Life Estate Barbara H. Haynes Robin Wheeler 3060509 3060709 Blue Ridge Trustees Mailinq Address 918 Indiana Avenue, NE Roanoke, VA 24012 930 Indiana Avenue, NE Roanoke, VA 24012 919 Missouri Avenue, NE Roanoke, VA 24012 4959 Lantern Street, NW Roanoke, VA 24019 929 Missouri Avenue, NE Roanoke, VA 24012 3299 Happy Hollow Road Blacksbu~,VA 24060 Neighborhood Contacts: Phillip Clark, President, Hollins Road North Civic League, 1222 Liberty Road, NE, Roanoke, VA 24012 Richard Hendrick, Hollins Road North Civic League, 930 Missouri Avenue, NE, Roanoke, VA 24012 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 21st day of March, 2003. My Commission Expires: ~'-~x3 ~'--~tary~'~'~ Public MARY F. PARKER, CMC City Clerk CITY OF ROANOIO* OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853-2541 F~x: (540) 853-1145 E-mail: clcrk~ci.roanokc.ve, us STEPHANIE M. MOON D~puty City Clerk SHEILA N. HARTMAN Assistant City Clerk March 7, 2003 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 March 6, 2003, from Eric R. Spencer, Attorney, representing Boutros Y. and Shelia L. Melki, requesting that a tract of land containing .293 acre, more or less, located at 926 Indiana Avenue, N. E., identified as Official Tax No. 3060505, be rezoned from RM-1, Residential Multi-family, Low Density District, to CN, Neighborhood Commercial District. Mary F. Parker, CMC City Clerk MFP:mh Enclosures N:\CKMHlXRezonings - Street. Alley Closings.03LMelki. Rezonmg.amn~i~l.~/~l Robert B. Marietta, Chair March 7, 2003 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Eric R. Spencer, Attorney, VSB #17427, P. O. Box 2542, Roanoke, Virginia 24010 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:\CKMHl~Rezonings - S~eet. Alley Closings.03LMelki. Rezoning .... .~ · _~ · 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.roanoke.va.u$ July 25, 2003 File #51 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Edward A. Natt, Attorney Osterhoudt, Prillaman, Natt, Helscher, Yost, Maxwell, and Ferguson, P.L.C. P. O. Box 20487 Roanoke, Virginia 24018-0049 Dear Mr. Natt: I am enclosing copy of Ordinance No. 36439-072103 amending Proffered Conditions set forth in Ordinance No. 31443, adopted May 17, 1993, and replacing same with proffered conditions as more fully set forth in the Second Amended Petition filed in the Office of the City Clerk on June 26, 2003, and as set forth in a report of the City Planning Commission dated July 21, 2003, in connection with a tract of land located at 3342 Melrose Avenue, N. W., identified as Official Tax No. 2660417; and dispensing with the second reading by title of the ordinance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 21,2003, and is in full force and effect upon its passage. MFP:mh Sincerely, Mary F. Parker, CMC City Clerk Enclosure pc: F V Cemetery Co., Inc., P. O. Box 6231, Roanoke, Virginia 24017 Roy N. and Lyndall M. Steele, 5526 Village Drive, S. W., Roanoke, Virginia 24014 Ms. June S. Hoal, 3621 Oaklawn Avenue, N. W., Roanoke, Virginia 24012 Mr. Kevin L. Heptinstall, P. O. Box 6322, Roanoke, Virginia 24017 Roanoke Country Club, Inc., P. O Box 6069, Roanoke, Virginia 24017 Sun Visions Pro Audio, Inc., P. O. Box 318, Salem, Virginia 24!.53 Mr. Alton B. Prillaman, 2803 Stephenson Avenue, S. W., Roanoke, Virginia 24014 Edward A. Nat[, Attorney July 25, 2003 Page 2 pc: Roanoke Investments Associated, 30 Franklin Road, S. W., Roanoke, Virginia 24011 Darlene L. Burcham, City Manager Rolanda B. Russell, Assistant City Manager for Community Development Willard N. Claytor, Director, Real Estate Valuation 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of July, 2003. No. 36439-072103. AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 266, Sectional 1976 Zone Map,'City of Roanoke, in order to amend certain conditions presently binding upon certain property previously conditionally zoned from C-2, General Commercial District, to LM, Light Manufacturing District; and dispensing with the second reading by title of this ordinance. WHEREAS, HASI Partnership filed an application to the Council of the City of Roanoke to amend certain conditions presently binding upon a tract of land located at 3342 Melrose Avenue, N.W., being further identified as Official Tax No. 2660417, which property was previously conditionally rezoned by Ordinance No. 30040, adopted May 21, 1990; which proffers were repealed, and the property was made subject to new proffers, by the adoption of Ordinance No. 31443, adopted May 17, 1993. 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 such application at its meeting on July 21, 2003, 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 H:\ORDINANC~S\O-Rezo~A$I072103 (AmendProffers) .doc and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, this recommendation made Council, after considering the aforesaid application, the to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public heating, is of the opinion that the conditions now binding upon the above-described property should be amended as requested. THEREFORE, BE IT ORDAiNED by the Council of the City of Roanoke that: 1. Ordinance No. 31443, adopted May 17, 1993, be repealed; 2. Sections 36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 266 of the Sectional 1976 Zone Map, City of Roanoke, be amended to reflect the proffered conditions as shown in the Second Amended Petition to Amend Proffers filed in the City Clerk's Office on June 26, 2003, and as set forth in the report of the Planning Commission dated July 21, 2003, and Official Tax No. 2660417 be made subject to the proffered conditions set forth in the Second Amended Petition to Amend Proffers filed in the City Clerk's Office on June 26, 2003; and 2. 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. I~: ~ORDINANCES\O-Rezo~L~S1072103 (Am~ndProf fers) .doc CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: ($40) 853-1730 Fax: (540) 853-1230 E-mail: plan ning(a'~ci.roanoke.va.us July 21,2003 Honorable Ralph K. Smith, Mayor Honorable C. Nelson Harris, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Request from HASI Partnership, represented by Edward A. Natt, Attorney, to amend proffered conditions on property located at 3342 Melrose Avenue, N.W., Official Tax No. 2660417 Planning Commission Action: Public hearing was held on Thursday, June 19, 2003. By a vote of 5-1 (Mr. Scholz voting no), the Commission recommended approval of a second amended petition to amend proffers. Background: In May, 1990, Tax Map No. 2660417, was rezoned from C-2, General Commercial District to LM, Light Manufacturing District, Conditional by the adoption of Ordinance No. 30040-52190. Proffers were repealed and amended in May, 1993 by Ordinance No. 31443-051793. A petition to amend proffered conditions was filed on April 30, 2003. A first amended petition was filed on June 5, 2003. A second amended petition to amend proffered conditions was filed on June 26, 2003.The petitioner requests the following conditions be repealed: The subject property shall be used only for any of the following purposes: (a) General storage and warehousing establishment engaged in the storage of miscellaneous merchandise not for sale on the same premises; (b) Establishment engaged in the wholesale distribution of goods; and (c) No outside storage will be allowed on the premises. The petitioner further requests that the following conditions be applied to Tax Map #2660417: (1) The subject property shall be used only for any of the following purposes: (a) General storage and warehousing establishments engaged in the storage of miscellaneous merchandise not for sale on the same premises; (b) Establishments engaged in the wholesale distribution of goods; (c) Manufacturing establishments primarily engaged in the manufacture, assembly, mixing, processing or other processes related to the creation of new products and including as an accessory use, the retail sale of goods manufactured on the premises, where all such manufacturing, assembly, mixing, processing or other processes related to the creation of new products, and retail sales of goods manufactured on the premises, are wholly enclosed in a building; (d) Establishments engaged in the retail sale of building or construction supplies and equipment provided the gross floor area of such buildings is not less than twenty thousand (20,000) square feet; (2) There will be no freestanding signage on the property; (3) Any outside storage shall be screened with a solid fence (wood, vinyl, or metal) so as not to be visible from Melrose Avenue and from the cemetery. Considerations: The 3.0242 acre parcel is located in a mixed-use, commercial-industrial area of the Melrose Avenue commercial corridor. The property is surrounded by an LM, Light Manufacturing District, to the west and northwest, and a C-2, General Commercial District, to the east and northeast. To the south is one parcel zoned RM-1, Residential Multifamily, Low Density District. The land uses surrounding the properties are warehouse facilities to the west and an employment training services center/manufacturing establishment (Goodwill Industries) to the northwest. The properties to the northeast include an ABC store and two vacant parcels owned by Roanoke Country Club. To the east is a parcel containing two one-story commercial buildings. Fair View Cemetery is located to the south of the subject property. The existing building on the parcel is a 43,700 square feet commercial structure built in 1965. The structure is currently unoccupied. The proffered uses of this petition are by-right uses in the LM, Light Manufacturing District. The petitioner proffers there will be no freestanding signage on the property. This proffer ensures that there will be no increase in the visual clutter along the Melrose Avenue commercial corridor. The LM, Light Manufacturing District allows one freestanding sign per parcel with a surface area of 150 square feet or less. Because outdoor storage is permitted in the LM, Light Manufacturing District, the petitioner proffers that any outdoor storage will not be visible from Melrose Avenue. This shielding of outdoor storage from public view is important to the streetscape. The subject parcel is located in the Enterprise Zone One district and may qualify for local and state economic incentives, including a fa(;ade grant and rehabilitation of existing structures tax credits. The local incentives for the Enterprise Zone One will be available through December 31,2003. The request to repeal and amend proffers on the parcel is consistent with the following policies and statements of Vision 2001-2020, the City's Comprehensive Plan: Improving Streetscapes: Roanoke's streetscapes should be welcoming. Good street design is essential to the continuing revitalization of commercial areas (p.69). · Signs should be limited in number and scaled in size to minimize visual clutter (p.95). Industrial Development: Identify underutilized industrial sites and promote redevelopment as part of Roanoke's economic development strategy (ED A18, p.130). · Industrial Development: Promote and market the Enterprise Zone program to existing and prospective businesses (ED A21, p.130). During the Planning Commission public hearing, Edward A. Naif, attorney, presented the request on behalf of the petitioner. Nancy Snodgrass, City Planner, presented the staff report, recommending approval of the request with proffered conditions. No one spoke at the public hearing in opposition to or in favor of the request to amend proffered conditions. Planning Commission discussion included the following: The extent of manufacturing, assembling or mixing that would be permitted at this location with the amendment of proffered conditions o The applicant's business does some assembling of component products and some steel fabrication that includes the cutting of basement columns, reinforcement rods and steel angles. o The proffered condition related to manufacturing establishments would allow any type of "manufacturing, assembling or mixing" use on this site as permitted in the LM, Light Manufacturing District, and not just the type of use proposed by the applicant. Outdoor storage and a need for more comprehensive screening beyond that visible from Melrose Avenue o By code, the restriction that outdoor storage cannot be located closer to the street than the front of the building o The need to screen any outdoor storage from the cemetery to the rear of the property Mr. Natt agreed to file a Second Amended Petition that would modify the language of proffer number 3 to include the screening of any outdoor storage from the cemetery along the rear of the property in addition to screening such outdoor storage from Melrose Avenue. Recommendation: By a vote of 5-1 (Mr. Scholz voting no), the Commission recommended approval of the request, as amended, given the surrounding land use pattern and the proffered conditions of this petition. Respectfully submitted, Robert B. Manetta, Chairman City Planning Commission CC: Darlene L. Burcham, City Manager Rolanda Russell, Assistant City Manager for Community Development William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Edward A. Natt, Attorney for the Petitioner 3342 Melrose Ave, NW 2550101 RM-2 2650102 RM-1 C-2 SECOND AMENDED PETITION TO AMEND PROFFERS IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Amendment of Proffered Conditions for 3342 Melrose Avenue, N.W., in the City of Roanoke, identified as Tax Map No. 2660417. (b) (c) \\JOLLY~SYS\USERS\CBaumgardner~.ONING\Silverstein 2ND AMD PET AMEND PROFFERS.doc June 23, 2003 TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: Your Petitioner herein, HASI PARTNERSHIP, a Virginia general partnership, has heretofore amended the proffers on the property known as 3342 Melrose Avenue, N.W. (Tax Map No. 2660417) zoned as LM, Light Manufacturing District, Conditional; such proffers bein9 adopted by Ordinance No. 31443-051793. Said parcel of land contains 3.0242 acres. A map of the property is attached hereto as Exhibit 1. Your Petitioner further requests that the conditions relating to said property be amended as hereinafter set out. Your Petitioner believes that the subject amendment of proffers will further the intent and purposes of the City Zoning Ordinance and its Comprehensive Plan in that it will allow for a better use of the subject property. Your Petitioner hereby requests that the followin9 Proffers set out in Ordinance No. 31443-051793 be repealed: The subject property shall be used only for any of the following purposes: (a) General storage and warehousing establishment engaged in the storage of miscellaneous merchandise not for sale on the same premises; Establishment engaged in the wholesale distribution of goods; and No outside storage will be allowed on the premises. 1 3. metal) so as not to be visible from Melrose Avenue and from the cemetery. Your Petitioner further requests that the following proffered conditions be substituted and adopted for those existing proffers delineated above: 1. That the subject property shall be used only for any of the following purposes: (a) General storage and warehousing establishments engaged in the storage of miscellaneous merchandise not for sale on the same premises; (b) Establishments engaged fn the wholesale distribution of goods; (c) Manufacturing establishments primarily engaged in the manufacture, assembly, mixing, processing or other processes related to the creation of new products and including as an accessory use, the retail sale of goods manufactured on the premises, where all such manufacturing, assembly, mixing, processing or other processes related to the creation of new products, and retail sales of goods manufactured on the premises, are wholly enclosed in a building. (d) Establishments engaged in the retail sale of building or construction supplies and equipment provided the gross floor area of such buildings is not less than twenty thousand (20,000) square feet. There will be no freestanding signage on the property. Any outside storage shall be screened with a solid fence (wood, vinyl or \\JOLLY~SYS\USERS\CBaumgardner~_ONING\Silverstein 2ND AMD PET AMEND PROFFERS.doc 2 June 23, 2003 Attached as Exhibit 2 are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to and immediately across a street or road from the subject property. WHEREFORE, your Petitioner requests that the above-described amended proffers be repealed and amended as herein set out in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 2.-)" .day of 2003. HASI PARTNERSHIP ~ ~, , Edward A. Natt, Esq. OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, P.L.C. P. O. Box 20487 Roanoke, VA 24018-0049 Phone: (540) 725-8180 Fax: (540) 772-0126 VSB #1104 \~JOLLY~SYS\USERS\CBaumgardner~ZONING\Silverstein 2ND AMD PET AMEND PROFFERS.doc 3 June 23, 2003 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 I-I 536 Telephone: (540) 853.2541 Fax: (540) 853-1145 E-mail: clerk~ci.roanok¢.va, us July 1,2003 File #51 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Edward A. Natt, Attorney Osterhoudt, Prillaman, Natt, Helscher, Yost, Maxwell, and Ferguson, P.L.C. P. O. Box 20487 Roanoke, Virginia 24018-0049 Dear Mr. NaR: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, July 21, 2003, 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 Hasi Partnership for Amendment of Proffered Conditions set forth in Ordinance No. 30040, adopted on May 21, 1990, and repealed and amended by Ordinance No. 31443-051793, in connection with a parcel of land located at 3342 Melrose Avenue, N. W., identified as Official Tax No. 2660417, containing 3.0242 acres, more or less. 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 July 21 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 N:\CKMHI\Public Hearings.03\July 21 .att~po.lttr.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.r oanok¢.va.us July 1, 2003 File #51 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk F V Cemetery Co., Inc. P. O. Box 6231 Roanoke, Virginia 24017 Roanoke Country Club, Inc. P. O. Box 6069 Roanoke, Virginia 24017 Roy N. and Lyndall M. Steele 5526 Village Drive, S. W. Roanoke, Virginia 24014 Sun Visions Pro Audio, Inc. P. O. Box 318 Salem, Virginia 24153 Ms. June S. Hoal 3621 Oaklawn Avenue, N. W. Roanoke, Virginia 24012 Mr. Alton B. Prillaman 2803 Stephenson Avenue, S. W. Roanoke, Virginia 24014 Mr. Kevin L. Heptinstall P. O. Box 6322 Roanoke, Virginia 24017 Roanoke Investments Associated 30 Franklin Road, S. W. Roanoke, Virginia 24011 Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, July 21, 2003, 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 Hasi Partnership for Amendment of Proffered Conditions set forth in Ordinance No. 30040, adopted on May 21,1990, and repealed and amended by Ordinance No. 31443-051793, in connection with a parcel of land located at 3342 Melrose Avenue, N. W., identified as Official Tax No. 2660417, containing 3.0242 acres, more or Jess, The City Planning Commission is recommending that Council approve the request. 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. N:\CKMHI\Public Headngs.03\July 21.att-po.lttr.wpd Interested Property Owner and/or Adjoining Property Owner July 1,2003 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 N:\CKMHI\Public Hearings.03~July 21 .att-po.lttr.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: clerk@ci.manoke.va, us STEPHANIE M. MOON Deputy City Clerk SHEII~ N, HARTMAN Assistant City Clerk June 30, 2003 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 June 26, 2003, from Edward A. Natt, Attorney, representing Hasi Partnership, requesting Amendment of Proffered Conditions set forth in Ordinance No. 31443-051793, in connection with a parcel of land located at 3342 Melrose Avenue, N. W., identified as Official Tax No. 2660417, containing 3.0242 acres, more or less. Mary F. Parker, CMC City Clerk MFP:mh Enclosure H:\Rezonings - Street. Alley Closings.03\Hasi Partnership. Amendment of Conditions Proffered.second amended.wpd Robe~ B. Manetta June 30,2003 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Edward A. Natt, Attorney, Osterhoudt, Prillaman, Natt, Helscher, Yost, Maxwell, and Ferguson, P.L.C., P. O. Box 20487, Roanoke, Virginia 24018-0049 Willard N. C~aytor, 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:\Rezonings - Street. Alley Closings.03XHasi Partnership. Amendment of Conditions Proffered.second amended.wpd Edward A. Natt Please reply to: P. O. Box 20487 Roanoke, VA 24018 Direct: (540) 725-8180 Fax: (540) 772-0126 E-mail: enatt@opnlaw.com 0STERHOUDT, PRILLAMAN, NAT T, HELSCHER, YOST, MAXWELL & FEI~OUSO~, PLC 8915 ELEGTRI(; ROAD, S.W. P. O. Box 20487 ROANOKE, x~;IRGINIA 24018 - 0049 (540) 980-0000 FAX (540) 77°.-O120 June 25, 2003 Mary Parker, City Clerk 456 Municipal Bldg. 215 Church Avenue, SW Roanoke, VA 24011 Re: HAS1 Partnership Amendment of Proffered Conditions: 3342 Melrose Avenue, N,W. Dear Mary: Enclosed please find the Second Amended Petition to Amend Proffers relating to the above matter which has been endorsed by Mr. Silverstein. Proffer #3 on page 2 was revised in accordance with the faxed request of Nancy Snodgrass on June 23rd. With best personal regards, I am Very truly yours, OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, P.L.C. EAN/csb Enclosure pc: Mr. Al Silverstein Edward A. Natt c/o Dixie Building Products P. O. Box 6023 Roanoke, VA 24017 pc; Nancy Snodgrass, City Planner II City of Roanoke 215 Church Avenue, SW Municipal Building, Room 166 Roanoke, VA 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 hearing on Thursday, June 19, 2003, 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.: Request from HASl Partnership, represented by Edward A. Natt, attorney, to amend proffered conditions on property located at 3342 Melrose Avenue, N.W., Official Tax No. 2660417. A copy of the 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 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 print in newspaper on Tuesday, June 3 and 10, 2003 Please charge to: Edward A. Nat, Esq. Osterhoudt, Prillaman, Natt, Helscher,Yost, Maxwell & Ferguson, PLC P O Box 20487 Roanoke, VA 24018-0049 (540) 725-8180 Please send affidavit of publication to: Martha P. Franklin Department of Planning Building & Development 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 AMENDMENT OF PROFFER REQUEST OF: HASl Partnership for property at 3342 Melrose Avenue, NW., )AFFIDAVIT Tax No. 2660417 ) 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 19~ day of May, 2003, notices of a public hearing to be held on the 19th day of June, 2003, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner's Name 2650102 F V Cemetery Co., Inc. 2660417 Petitioner 2660418 Roy and Lyndall Steele 2660424 June S. Heal 2660425 Kevin L. Heptinstall Roanoke Country Club Inc. Alton B. Prillaman 2660503 2660518 2660519 Roanoke Investments Associated Martha Pace Franklin Mailing Address P O Box 6231 Roanoke, VA 24017 5526 Village Drive, SW Roanoke, VA 24014 36210aklawn Ave., NW Roanoke, VA 24012 P O Box 6322 Roanoke, VA 24014 P O Box 6069 Roanoke, VA 24017 2803 Stephenson Avenue Roanoke, VA 24014 30 Franklin Road Roanoke, VA 24011 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 19th day of May, 2003. Notary Public My Commission Expires: ~ -"~ ~'-'='~ '7 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 F~x: (540) 853-1145 E-mail: clcrk~ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk June 6, 2003 File #51 Robert B. Manetta, Chair City Planning Commission 2831 Stephenson Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Marietta.' 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 June 5, 2003, from Edward A. Natt, Attorney, representing Hasi Partnership, requesting Amendment of Proffered Conditions set forth in Ordinance No. 31443-051793, in connection with a parcel of land located at 3342 Melrose Avenue, N. W., identified as Official Tax No. 2660417, containing 3.0242 acres, more or less. Sincerely, Stephanie M. Moon Deputy City Clerk SMM:mh Enclosure N:\CKMH 1 \Rezonings - Street. Alley Closings.03\Hasi Partnership.Amendment of Conditions Proffered.amended.wpd Robert B. Manetta June 6, 2003 Page 2 pc~ The Honorable Mayor and Members of the Roanoke City Council Edward A. Natt, Attorney, Osterhoudt, Prillaman, Natt, Helscher, Yost, Maxwell, and Ferguson, P.L.C., P. O. Box 20487, Roanoke, Virginia 24018-0049 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 1 ~Rezonings - Street. Alley Ctosings.03~-Iasi Partnership. Amendment of Conditions Proffered.amended.wpd Edward A. Natt Please reply to: P. O. Box 2048? Roanoke, VA 24018 Direct: (540) 725-8180 Fax: (540) 772-0126 E-mail: enatt@opnlaw.corn 0STERHOUDT, PRILLAMAN, NATT, HELSCItER, Yos~r, MAXWELL & FER6USON, PLC ~91~ ELECTRIC ROAD, P. O. Box 20487 ROANOKE, ~rIRGINIA 24018 - 0049 (540) 989-0000 FAX (540) 772-01186 ,June 4, 2003 HAND-DELIVERED Mary Parker, City Clerk 456 Municipal Bldg. 215 Chumh Avenue, SW Roanoke, VA 24011 Re: Amendment of Proffered Conditions - 3342 Melrose Avenue, N.W. Tax Map No. 2660417 - HASl Partnership Dear Mary: Enclosed please find the First Amended Petition to Amend Proffers relating to the above matter. Very truly yours, OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, P.L.C. Edward A. Natt EAN/csb Enclosure pc: HAND-DELIVERED Nancy Snodgrass, City Planner II City of Roanoke Mr. Al Silverstein c/o Dixie Building Products P. O. Box 6023 Roanoke, VA 24017 NAXWELL & FERGUSON, PLC FIRST AMENDED PETITION TO AMEND PROFFERS IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Amendment of Proffered Conditions for 3342 Melrose Avenue, N.W., in the City of Roanoke, identified as Tax Map No. 2660417. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: Your Petitioner herein, HASI PARTNERSHIP, a Virginia general partnership, has heretofore amended the proffers on the property known as 3342 Melrose Avenue, N.W. (Tax Map No. 2660417) zoned as LM, Light Manufacturing District, Conditional; such proffers being adopted by Ordinance No. 31443-051793. Said parcel of land contains 3.0242 acres. A map of the property is attached hereto as Exhibit 1. Your Petitioner further requests that the conditions relating to said property be amended as hereinafter set out. Your Petitioner believes that the subject amendment of proffers will further the intent and purposes of the City Zoning Ordinance and its Comprehensive Plan in that it will allow for a better use of the subject property. Your Petitioner hereby requests that the following Proffers set out in Ordinance No. 31443-051793 be repealed: The subject property shall be used only for any of the following purposes: (a) (b) (c) \~JOLLY~SYS\USERS\CBaumgardner~.ONING\Silverstein 1ST AMD PET AMEND PROFFERS.doc May 27, 2003 General storage and warehousing establishment engaged in the storage of miscellaneous merchandise not for sale on the same premises; Establishment engaged in the wholesale distribution of goods; and No outside storage will be allowed on the premises. 1 Your Petitioner further requests that the following proffered conditions be substituted and adopted for those existing proffers delineated above: 1. That the subject property shall be used onlY for any of the following purposes: (a) General storage and warehousing establishments engaged in the storage of miscellaneous merchandise not for sale on the same premises; (b) Establishments engaged in the wholesale distribution of goods; (c) Manufacturing establishments primarily engaged in the manufacture, assembly, mixing, processing or other processes related to the creation of new products and including as an accessory use, the retail sale of goods manufactured on the premises, where all such manufacturing, assembly, mixing, processing or other processes related to the creation of new products, and retail sales of goods manufactured on the premises, are wholly enclosed in a building. (d) Establishments engaged in the retail sale of building or construction supplies and equipment provided the gross floor area of such buildings is not less than twenty thousand (20,000) square feet. 2. There will be no freestanding signage on the property. 3. Any outside storage shall be screened with a solid fence (wood, vinyl or metal) so as not to be visible from Melrose Avenue. C:\my documents\MyFiles\MyFiles\folders\MARTHA\Silverstein 1ST AMD PET AMEND PROFFERS.doc 2 June 5, 2003 ~AXWELL & FE~GU$ON, PLC Attached as Exhibit 2 are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to and immediately across a street or road from the subject property. WHEREFORE, your Petitioner requests that the above-described amended proffers be repealed and amended as herein set out in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 27th dayof May , 2003. HASI PARTNER~~ RY' ~~,,~_ Edward A. Natf, Esq. OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, P.L.C. P. O. Box 20487 Roanoke, VA 24018-0049 Phone: (540) 725-8180 Fax: (540) 772-0126 VSB #1104 \\JOLLY~SYS\USERS\CBaurngardneAZONING\Silverstein 1ST AMD PET AMEND PROFFERS.doc 3 May 27, 2003 Map Output FI&SI P,~Q'NER_%I I P EXHIBIT 1 ADJOINING PROPERTY OWNER LISTING EXHIBIT Address of Subject Property: 3342 Melrose Avenue, N.W. Tax Map No.: 2660417 and 2660417A Applicant's Name: HASI PARTNERSHIP ADJOINING PROPERTY OWNERS This list as follows are those property owners who ~"~n property beside, behind or across the street from the subject property noted above: CITY OF ROANOKE Official Tax Number / Property Address Owner's Name and Mailinq Address 2650102 3302 Melrose Avenue, N.W. F V Cemetery Co.,Inc. P. O. Box 6231 Roanoke, VA 24017 2660418 3328 Melrose Avenue, N.W. Roy N. & Lyndall M. Steele 5526 Village Drive, S.W. Roanoke, VA 24014 2660424 3360 Melrose Avenue, N.W. June Swann Hoal 36210aklawn Avenue, N.W. Roanoke, VA 24012 2660425 3350 Melrose Avenue, N.W. Kevin L. Heptin~all P. O. Box 6322 Roanoke, VA 24017 2660503 2660505 3323 Melrose Avenue, N.W. Roanoke Country Club, Incorporated P. O. Box 6069 Roanoke, VA 24017 2660514 Viewmont Street, N.W. Sun Visions Pro Audio, Inc. P. O. Box 318 Salem, VA 24153 2660518 3341 Melrose Avenue, N.W. Alton B. Prillaman 2803 Stephenson Avenue, S.W. Roanoke, VA 24014 F:\USERS\CBaumgardner~ZONING\Silverstein APO.doc Page I of 2 Official Tax Number / Property Address 2660519 3361 Melrose Avenue, N.W. Owner's Name and Mailinq Address Roanoke Investments Associated 30 Franklin Road, S.W. Roanoke, VA 24011 F:\USERS\CBaumgardner~ZONING\Silverstein APO.doc Page 2 of 2 MARY F. PARKER, CMC City Clcrk CITY OF ROANOKF, OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 T¢lcphon¢: (540) 853-2541 Fax: (540) 853-1145 E-mail: clcrk(~ci.roanokc.v a.us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk May 2, 2003 File #51 Robert B. Manetta, Chair City Planning Commission 2831 Stephenson Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Marietta: 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 April 30, 2003, from Edward A. Natt, Attorney, representing Hasi Partnership, requesting Amendment of Proffered Conditions set forth in Ordinance No. 31443-051793, in connection with a parcel of land located at 3342 Melrose Avenue, N. W., identified as Official Tax No. 2660417, containing 3.0242 acres, more or less. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure N:\GKMH1 \Rezoning$ - Street. Alley Closings.03\Hasi Partnership. Araendment of Conditions Proffered.wpd Robe~ B. Mane~a, Chair May 2,2003 Page 2 pc~ The Honorable Mayor and Members of the Roanoke City Council Edward A. Natt, Attorney, Osterhoudt, Prillaman, Natt, Helscher, Yost, Maxwell, and Ferguson, P.L.C., P. O. Box 20487, Roanoke, Virginia 24018-0049 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:\CKMHl'~Rezonings - Street. Alley Closings.03~-Iasi Partnership. Amendment of Conditions Proffered.wpd 0STERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, ~AXWELL & FERGUSON, PLC ATTORNEYS-AT-LAW ROANOKE, VIRGINIA 24018-0049 PETITION TO AMEND PROFFERS IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Amendment of Proffered Conditions for 3342 Melrose Avenue, N.W., in the City of Roanoke, identified as Tax Map No. 2660417. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: Your Petitioner herein, HASl PARTNERSHIP, a Virginia general partnership, has heretofore amended the proffers on the property known as 3342 Melrose Avenue, N.W. (Tax Map No. 2660417) zoned as LM, Light Manufacturing District, Conditional; such proffers being adopted by Ordinance No. 31443-051793. Said parcel of land contains 3.0242 acres. A map of the property is attached hereto as Exhibit 1. Your Petitioner further requests that the conditions relating to said property be amended as hereinafter set out. Your Petitioner believes that the subject amendment of proffers will further the intent and purposes of the City Zoning Ordinance and its Comprehensive Plan in that it will allow for a better use of the subject property. Your Petitioner hereby requests that the following Proffers set out in Ordinance No. 31443-051793 be repealed: The subject property shall be used only for any of the following purposes: (a) General storage and warehousing establishment engaged in the storage of miscellaneous merchandise not for sale on the same premises; (b) Establishment engaged in the wholesale distribution of goods; and (c) No outside storage will be allowed on the premises. F:\USERS\CBaumgardner~ONING\Silverstein PET AMEND PROFFERS.doc Apdl 24, 2O03 NATT, HELSCMER, ¥OST, MAXWELL & FERGUSON, PLC ATTORNEYS-AT-LAw Your Petitioner further requests that the following proffered conditions be substituted and adopted for those existing proffers delineated above: 1. That the subject property shall be used only for any of the following purposes: (a) General storage and warehousing establishments engaged in the storage of miscellaneous merchandise not for sale on the same premises; (b) Establishments engaged in the wholesale distribution of goods; (c) Manufacturing establishments primarily engaged in the manufacture, assembly, mixing, processing or other processes related to the creation of new products and including as an accessory use, the retail sale of goods manufactured on the premises, where all such manufacturing, assembly, mixing, processing or other processes related to the creation of new products, and retail sales of goods manufactured on the premises, are wholly enclosed in a building. (d) Establishments engaged in the retail sale of building or construction supplies and equipment provided the gross floor area of such buildings is not less than twenty thousand (20,000) square feet. F:\USERS~CBaumgardner~.ONING\Silverstein PET AMEND PROFFERS.doc 2 Apd124, 2003 NATT, HEL$CH[R, Y0ST, MAXWELL & FEEGUSON, PLC ATTORNEYS-AT-LAW Attached as Exhibit 2 are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to and immediately across a street or road from the subject property. WHEREFORE, your Petitioner requests that the above-described amended proffers be repealed and amended as herein set out in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this '~O day of 2003. HASI PARTNERSHIP Edward A. Natt, Esq. OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, P.L.C. P. O. Box 20487 Roanoke, VA 24018-0049 Phone: (540) 725-8180 Fax: (540) 772-0126 VSB #1104 \\JOLLY~SYS\USERS\CBaumgardner~ZONING\Silverstein PET AMEND PROFFERS.doc 3 Apd115, 2003 Map Output HA.SI P/k~INERSH I P ADJOINING PROPERTY OWNER LISTING Address of Subiect Property: Tax Map No.: Applicant's Name: 3342 Melrose Avenue, N.W. 2660417 and 2660417A HASI PARTNERSHIP ADJOINING PROPERTY OWNERS This list as follows are those property owners who own property beside, behind or across the street from the subject property noted above: CITY OF ROANOKE Official Tax Number / Property Address Owner's Name and Mailinq Address 2650102 3302 Melrose Avenue, N.W. F V Cemetery Co., Inc. P. O. Box 6231 Roanoke, VA 24017 2660418 3328 Melrose Avenue, N.W. Roy N. & Lyndall M. Steele 5526 Village Drive, S.W. Roanoke, VA 24014 2660424 3360 Melrose Avenue, N.W. June Swann Hoal 3621 Oaklawn Avenue, N.W. Roanoke, VA 24012 2660425 3350 Melrose Avenue, N.W. Kevin L. Heptinstall P. O. Box 6322 Roanoke, VA 24017 2660503 2660505 3323 Melrose Avenue, N.W. Roanoke Country Club, lncorpomted P. O. Box6069 Roanoke, VA 24017 2660514 ViewmontStreet, N.W. Sun Visions Pro Audio, Inc. P. O. Box 318 Salem, VA 24153 2660518 3341 Melrose Avenue, N.W. Alton B. Prillaman 2803 Stephenson Avenue, S.W. Roanoke, VA 24014 F:\USERS\CBaumgardner~.ONING\Silverstein APO.doc Page I of 2 Official Tax Number / Property Address 2660519 3361 Melrose Avenue, N.W. Owner's Name and Mailing Address Roanoke Investments Associated 30 Franklin Road, S.W. Roanoke, VA 24011 F:\USERS\CBaumgardner~ZONING\Silverstein APO.doc Page 2 of 2 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times NATT, EDWARD A., ATTY. 3912 ELECTRIC OSTERHOUDT, PRILLAMA ROANOKE VA 24018 REFERENCE: 80068694 02162742 HASI Partner 7/21 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 _~%b_ day of July 2003. Witness my hand and official seal. __~__~__~_~_~__~ ~ ~ ' Notary Public My commission expires PUBLIS}{~D ON: 07/~04 07/11 TOTAL COST: 211.60 FILED ON: 07/18/03 Authorized S i g n a t u r e: --/~--~--'--~?/--~~-- Billing Services Representative NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, July 21, 2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., on the question of amending proffered conditions presently binding upon a tract of land located at 3342 Melrose Avenue, N.W., and designated as Official Tax No. 2660417, as set forth in Ordinance No. 30040, adopted May 21, 1990, and repealed and amended by Ordinance No. 31443-051703. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Noel C. Taylor 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 heating, contact the City Clerk's Office, 853-2541, by Thursday, July 17, 2003. GIVEN under my hand this 1st day of July ,2003. Mary F. Parker, City Clerk. H:~NOTICES\n AmendProffersHASI.doc Notice to Publisher: Publish in the Roanoke Times once on Friday, July 4, 2003, and once on Friday, July 11, 2003. Send affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 Send bill to: Edward A. Natt, Esquire Osterhoudt, Prillaman, NaR, Helscher, Yost, Maxwell & Ferguson, P.L.C. P.O. Box 20487 Roanoke, Virginia 24018-0049 (540) 725-8180 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 F~x: (540) 853-1145 E-mail: clcrk~ci.r oanokc.va.us July 25, 2003 File #28-227-277-425 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk David A. Diaz, President Downtown Roanoke, Inc. 213 Market Street, S. E. Roanoke, Virginia 24011 Dear Mr. Diaz: I am enclosing three certified copies of Ordinance No. 36440-072103 granting a revocable license to Downtown Roanoke, Inc., permitting encroachment of two modular news racks extending approximately two feet onto the sidewalk of Franklin Road, S. W., and two modular news racks extending approximately two feet onto the sidewalk of Market Square, S. E., upon certain terms and conditions; and dispensing with the second reading by title of the ordinance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 21, 2003, and will be in full force and effect at such time as a copy, duly signed, sealed, and acknowledged by Downtown Roanoke, Inc., has been admitted to record, at the cost of the Licensee, in the Clerk's Office of the Circuit Court for the City of Roanoke and shall remain in effect only so long as a valid, current certificate evidencing the insurance required in Paragraph 4 of the ordinance is on file in the Office of the City Clerk. Sincerely,/~.~ A~ ~ ~)~ Mary F. Parker, CMC City Clerk MFP:mh Enclosure pc: Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Sarah E. Fitton, Engineering Coordinator H:\Ao~nd~.O3\Julv 21. 2003 corresoondence.wod IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of July, 2003. No. 36640-072103. AN ORDINANCE granting a revocable license to permit the encroachment of two modular news racks extending approximately two (2) feet onto the sidewalk of Franklin Road and two modular news racks extending approximately two (2) feet onto the sidewalk of Market Square, S.E., upon certain terms and conditions; 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. Permission is hereby granted Downtown Roanoke, Inc. ("Licensee"), to permit the encroachment of two modular news racks extending approximately two (2) feet onto the sidewalk of Franklin Road and two modular news racks extending approximately two (2) feet onto the sidewalk of Market Square, S.E., as more fully described in a letter of the City Manager to City Council dated July 21, 2003. 2. Such license, granted pursuant to §15.2-2010, 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 § 15.2-2009. 3. It shall be agreed by the Licensee that, in maintaining such encroachment, the Licensee and its grantees, assignees, or successors in interest shall agree to indenmify and save harmless the City of Roanoke, its officials, officers and employees fi.om 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. The Licensee, its grantors, assigns or successor in interest shall for the duration of this license maintain on file with the City Clerk's Office evidence of insurance coverage in an amount not less than $1,000,000.00. This insurance requirement may be met by either homeowner's insurance or commercial general liability insurance. The certificate of insurance must list the City of Roanoke, its officers, employees, agents and volunteers as additional insureds, and an endorsement by the insurance company naming the City as an additional insured must be received within thirty (30) days. The certificate shall state that such insurance may not be canceled or materially altered without thirty (30) days written advance notice of such cancellation or alteration being provided to the Risk Management Officer for the City of Roanoke. 5. The City Clerk shall transmit an attested copy of this ordinance to Downtown Roanoke, Inc., 213 Market Street, S.E., Roanoke, Virginia 24011. 6. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, and acknowledged by the Licensee, has been admitted to record, at the cost of the Licensee, in the Clerk's Office of the Circuit Court for the City of Roanoke and shall remain in effect only so long as a valid, current certificate evidencing the insurance required in Paragraph 4 above is on file in the Office of the City Clerk. 7. Pursuant to the provisions of § 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: 2003. City Clerk. ACCEPTED and EXECUTED by the undersigned this day of DOWNTOWN ROANOKE, INC. By: Its COMMONWEALTH OF VIRGINIA § § To-Wit: CITY OF ROANOKE § The foregoing instrument was acknowledged before me in my jurisdiction aforesaid this __ day of , ___, by , the of Downtown Roanoke, Inc. My Commission expires: Notary Public CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, $.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com July 21,2003 Honorable Ralph K. Smith, Mayor Honorable C. Nelson Harris, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Encroachments into Public Right-of Way Modular News Racks at Center in the Square and Sun Trust Buildings City staff has been working for several months with Downtown Roanoke, Inc. (DRI) and various publishers on the placement and appearance of news racks located along public sidewalks throughout the downtown area. Two specific locations are currently being addressed to improve the appearance and safety of the racks and allow the various publishers to utilize a uniform modular news rack that will be owned and managed by DRI, eliminating the individual racks at those two locations. DRI has requested permission to install two of these modular news racks, with all necessary appurtenances thereto, at each of the two locations downtown where several individual racks are currently located. The proposed racks will create encroachments into the public rights-of-way at Franklin Road and also at Market Square. See Attachments #1 and #2. The proposed encroachment at Franklin Road will extend approximately 2 feet into the sidewalk from the concrete planter. The units measure 4 feet wide by 1.5 feet deep and 6 feet wide by 1.5 foot deep. Both units are 5 feet high. The sidewalk of Franklin Road at this location is approximately 10 feet wide. The proposed encroachment at Market Square will extend approximately 2 feet into the sidewalk from the curb. The units are the same size as those proposed for the Franklin Road location. The sidewalk of Market Square at this location is approximately 17.5 feet wide. Liability insurance and indemnification of the City of Roanoke by the applicant shall be provided as specified in the attached exhibit, subject to approval of the City's Risk Manager. See Attachment #3. The City's Architectural Review Board granted a certificate of appropriateness on July t 0, 2003, for the two racks in Market Square since they will be installed within an historic district. Honorable Mayor and Members of Council July 21,2003 Page 2 Recommended Action(s): Council adopt an ordinance, to be executed by Downtown Roanoke, Inc., and recorded in the Clerk's office of the Circuit Court for the City of Roanoke, granting a revocable license to allow the installation of four modular news racks that encroach into the public rights-of-way as described above. DLB/SEF Attachment C: Respectfully submitted, Darlene L. Buroham Oity Manager Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sarah E. Fitton, Engineering Coordinator #CM03-00155 Attachment #1 and Library Attachment #2 Attachment #3 INSURANCE REQUIREMENTS FOR ENCROACHMENTS IN RIGHT-OF-WAY COMMERCIAL Owner shall obtain liability insurance coverage with respect to claims arising out of the subject matter of this agreement. The amount of such insurance shall not be less than: A. General Aggregate $1,000,000 B. Products - Completed/Operations Aggregate $1,000,000 C. Personal and Advertising Injury $1,000,000 D. Each Occurrence $1,000,000 Above amounts may be met by umbrella form coverage in a minimum amount of $1,000,000 aggregate; $1,000,000 each occurrence. Owner shall name the City, its officers, agents, employees, and volunteers as additional insured as its interests may appear on the above policy. Such coverage shall not be canceled or materially altered except after thirty (30) days prior written notice of such cancellation or material alteration to the City Engineer of the City of Roanoke. Owner shall 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 encroachment over public right-of-way. The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times .................................................. + ........................... ROANOKE CITY CLERK'S 215 CHURCH AVE. RM 456 ATT: MARY PARKER, CL ROANOKE VA 24011 REFERENCE: 80023382 02169747 State of Virginia City of Roanoke newsracks 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 July 2003. Witness my hand and official seal. __~__0~_ ~_~__~__~__~__ Notary Public My commission expires PUBLISHED ON: 07/16 154.10 07/17/03 TOTAL COST: FILED ON: c~ Counc~ of the C~ o~ Billing Services Representative NOTICE OF PUBLIC HEARING The City of Roanoke proposes to allow the encroachment of four modular news racks, of which two measure approximately one and one-half (1 ½) foot in depth by four (4) feet in width by five (5) feet in height and two measure approximately one and one-half(1 ½) foot in depth by six (6) feet in width by five (5) feet in height. Two of the news racks to be located in close proximity to the Sun Trust Building located at 510 Jefferson Street, S.E., will extend at least two (2) feet onto the sidewalk of Franklin Road, and the two news racks to be located at Market Square, S.E., in close proximity to Center in the Square, will extend approximately two feet onto the sidewalk. Pursuant to the requirements of§l 5.2-2009, Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on July 21, 2003, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Further information is available from the Office of the City Clerk for the City of Roanoke at (540) 853-2541. Citizens shall have the opportunity to be heard and express their opinions on such matter. 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, July 17, 2003. GIVEN under my hand this 14th day of July ,2003. Mary F. Parker, City Clerk. Notice to Publisher: Publish in the Roanoke Times once on Wednesday, July 16, 2003. Send bill and affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-254 ! CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk July 25, 2003 File #373-383-468-472 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. 36441-072103 authorizing the proper City officials to enter into a Lease Agreement between the City and Ne×tel WIP Lease Corp., a Delaware corporation, d/b/a Nextel Partners, for use of a portion of a City-owned water tank and the site on which it sits, which is located in the area of 4500 Franklin Road S. W., at the end of Summit Way Drive, identified as Official Tax No. 5380121, known as the Summit Water Tank, and providing that Nextel Partners will use such area for the placement, operation, and maintenance of personal communication system antennas and related equipment, upon certain terms and conditions; authorizing the City Manager to take such further action and to execute such additional documents as may be necessary to implement and administer the Lease Agreement; and dispensing with the second reading by title of the ordinance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 21, 2003, and is in full force and effect upon its passage. City Clerk MFP:mh Attachment H:~Agenda.03~JuJy 21,2003 correspondence.wpd Darlene L. Burcham July 25, 2003 Page 2 pc: Denise Swedand, Assistant Secretary, Nextel WIP Lease Corp., 4500 Carillon Point, Kirkland, Washington 98033 Jesse A. Hall, Director of Finance George C. Snead, Jr., Assistant City Manager for Operations Elizabeth A. Neu, Director, Economic Development Michael T. McEvoy, Director of Utilities Dana D. Long, Manager, Billings & Collections H:~Agenda.03~July 21, 2003 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of July, 2003. No. 36641-072103. AN ORDINANCE authorizing the proper City officials to enter into a Lease Agreement between the City and Nextel WlP Lease Corp., a Delaware corporation, d/b/a N~xtel Partners, for use ora portion of a City owned water tank and the site on which it sits, which is located in the area of 4500 Franklin Road S.W., at the end of Summit Way Drive, S.W.,Tax Map No. 5380121, known as the Summit Water Tank, and which will provide that Nextel Partners will use such area for the placement, operation, and maintenance of personal communication system antennas and related equipment, upon certain terms and conditions; authorizing the City Manager to take such further action and execute such additional documents as may be necessary to implement and administer such Lease Agreement; and dispensing with the second reading by title of this ordinance. WHEREAS, the Council of the City of Roanoke has held a public hearing on this matter, after proper advertisement as are required by § 15.2-1800, et seq., Code of Virginia (1950), as amended. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and City Clerk are authorized to execute and attest, respectively, on behalf of the City of Roanoke, in form approved by the City Attorney, a Lease Agreement between the City and Nextel WlP Lease Corp., a Delaware corporation, d/b/a Nextel Parmers, for the use of a portion of a City owned water tank known as the Summit Water Tank, and the site upon which it is located, which is located in the area of 4500 Franklin Road, S. W., at the end of Sununit Way Drive, S. W., Tax Map No. 5380121, with such use being for the placement, operation, and maintenance of personal communication system antennas and related equipment for a period to commence on August 1, 2003, and to mn through July 31, 2007, with up to two five-year renewals upon mutual agreement of the parties and with a rental rate per month as follows: $1,325.00/month from August I, 2003, through December 31, 2003; $1,550.00/month from January 1, 2004, through December 31, 2004; $1,675.00/month from January 1, 2005, through July 31, 2007; and upon such other terms and conditions as may be deemed appropriate by the City Manager, as more particularly set forth in the City Manager's letter to City Council dated July 21, 2003. 2. The City Manager is authorized take such further actions and execute such additional documents as may be necessary to implement and administer such Lease Agreement. 3. Pursuant to 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 July 21,2003 Honorable Ralph K. Smith, Mayor Honorable C. Nelson Harris, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Lease Agreement for Use of City Water Tank Background: City Council approved and adopted the City of Roanoke Policy as to Wireless Telecommunications Facilities located on City property dated January 21, 1997, in accordance with the recommendation set forth in a report of the Water Resources Committee dated February 3, 1997. The City currently provides leased space on three (3) water tanks to Virginia PCS Alliance, L.C., on four (4) water tanks to Triton PCS Property Company, L.L.C., and on one (1) water tank to Cellco Partnership d/b/a Verizon Wireless. Lease agreements with these companies for use of City water tank facilities provide that they will expire on July 31,2007, with an option to renew each upon mutual agreement of the parties. Nextel WIP Lease Corp., a Delaware corporation, d/b/a Nextel Partners, with its principal office at 4500 Carillon Point, Kirkland, WA 98033, has requested to lease a portion of the Summit Water Tank and ground site, which is located in the area of 4500 Franklin Road, S.W., at the end of Summit Way Drive, S.W., Tax Honorable Mayor and Members of Council Lease Agreement for Use of City Water Tank July 21,2003 Page 2 Map No. 5380121. The purpose of this request is to install directional antennas, connecting cables and appurtenances. Virginia PCS and Triton currently lease space on the Summit Water Tank, but City staff has determined that there is space available for another wireless provider on that site. To lease this property, a lease agreement is required as well as a public hearing. The terms and conditions of this lease are in accordance with the City of Roanoke Policy as to Wireless Telecommunication Facilities located on City Property dated January 21, 1997, and substantially similar to the existing lease agreements with other entities using the City's water tanks. The term of this lease will be four (4) years commencing on August 1,2003, and expiring on July 31,2007. This lease may be renewed for up to two (2) five (5) year terms upon mutual agreement by the parties. The lease requires that the lessee post security to guarantee removal of the electronic facilities at the end of the lease - security in the amount of $8,500 will be required. The rent for such lease is per month, per provider for leased space on the one water tank and will be as follows: $1325/month from August 1,2003, through December 31,2003. $1550/month from January 1,2004, through December 31,2004. $1675/month from January 1, 2005, through July 31,2007. Recommended Action: Council approve a lease agreement between the City of Roanoke and Nextel WIP Lease Corp., a Delaware corporation, d/b/a Nextel Partners, and authorize the City Manager to execute such agreement, in a form approved by the City Attorney. Furthermore, authorize the City Manager to take such further actions and execute such further documents as may be necessary to implement and administer such lease agreement. Respectfully submitted, Darlene L. Burnham City Manager Honorable Mayor and Members of Council Lease Agreement for Use of City Water Tank July 21, 2003 Page 3 DLB:jvm O: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Finance Director George C. Snead, Jr., Assistant City Manager for Operations Michael T. McEvoy, Director of Utilities Elizabeth Neu, Director of Economic Development Dana Long, Manager, Billings & Collections CM02-00184 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times .................................................. + ........................... CITY OF ROANOKE, WATER DIV. 2012 S. JEFFERSON, #200 ATTN: MICHAEL MCEVOY ROANOKE VA 24014 REFERENCE: 80104937 02167534 NEXTEL 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 Vir~_nia. Sworn and subscribed before me this /~'J day of July 2003 Witness m hand and off~i~ ~e~/ ~/ Notar Public My ~c~mis~ion expires ~- ~/ ~ ............. __. PUBLISHED ON: 07/13 TOTAL COST: 176.15 FILED ON: 07/14/03 Billing Services Representative NOTICE OF PUBLIC HEARING The City of Roanoke proposes to lease a portion of one City owned water tank site to Nextel WIP Lease Corp., a Delaware corporation, d/b/a Nextel Partners, for the purpose of installing antennas and related equipment thereon for providing radio and wireless telecommunications services. The water tank site is the Summit Water Tank and ground site, which is located in the area of 4500 Franklin Road, S.W., at the end of Summit Way Drive, S.W., Tax Map No. 5380121. Pursuant to the requirements of §§ 15.2-1800(B) and 1813, Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on July 21, 2003, commencing at 7:00 p.m., local time, or as soon thereafter as the matter may be heard, in the Council Chambers 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Further Information is available in the Water Division Office, 2012 South Jefferson Street, Suite 200, Roanoke, Virginia 24014, (540)853-1588. All parties and interested 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 City Clerk's Office at (540)853-2541 before 12:00 noon on the Wednesday before the date of the hearing listed above. GIVEN under my hand this 9thday of July ,2003. Mary F. Parker, City Clerk Note to Publisher: Please publish once in The Roanoke Times, on Sunday July l 3, 2003. Send Publisher's Affidavit Mary F. Parker, City Clerk 456 Noel C. Taylor Municipal Building 215 Chumh Avenue, SW Roanoke, VA 24011 Send Bill to: Michael T. McEvoy, Director of Utilities Water Division Office 2012 South Jefferson Street, Suite 200 Roanoke, VA 24014 Date: July 21, 2003 To: Roanoke City Council From: Marry Gordon, 2720 Peppers Ferry Rd. #108, Christiansburg, Va. 24073 Phone: 540-392-8467. Attention: Good evening, honorable mayor, vice mayor, council members, and city manager. I come to you tonight to address an ongoing issue....Victory Stadium. First, let me give you some history of my involvement and relationship with the Grand Ole Lady, commonly known as Victory Stadium. I have always been enchanted by the stadium itself, and in 1995, I became involved with the Roanoke Rush, minor league football team. I became general manager and director of operations. And in three years, Victory Stadium became my home away from home. I directed the Rush games along with Roanoke City Sandlot Super Bowl contests and Roanoke Rush dance and cheerleading championships. It was during those years that we held many special events and concerts before, during and after the games. I was there when Whitey Taylor agreed to provide a new scoreboard to the stadium as racing took place on a small track. I watched as Roanoke Catholic played almost every afternoon before a Rush game. Now let me preface this conversation before I go any further that I come to you tonight not as a representative of any current or future sports organization. Instead, I come to you as an interested party that might know the situation better than the majority on these issue. In 1996, I issued an independent report to the city's recreation department that I do not know if it got any further than the recreation director at that times desk. But it was coincidentally that my report which was done with no city funds in essence described almost to the detail the same report that the city paid a quarter of a million dollars from an Alabama consultant, one year later. I have seen the insides of Victory. I know her better than some of the people sitting in front of me today. We were able in three seasons to make Victory playable for less than 30-thousand- dollars. Sometimes for less than 15-thousand during that time. Granted we didn't bring her up to the place where she should have been, but we got her in playing shape. During that time, here is what I described to the recreation department that were problems with the stadium: Outdated PA equipment, cramped locker rooms, deteriorating bricks, and bad field drainage. Not much for a stadium that you want tear down. Not much has changed today. 2 I do not, let me repeat myself, I do not stand here tonight against a new stadium-slash- amphitheatre. I agree the city needs an outdoor stage area. But I know so well that outdoor concerts tear up playing fields, as seen at least once a year every year during the three year Rush season. That is one problem that I do have in mixing the two arenas. Now, back to Victory. I hate to see a complex that has stood the time be tom down. I think there is room for both the new and old. While the old might re-configured, there is still room for Victory Stadium. And yes, again, I do not have a preference to keep Victory, but I see dual uses in a time when the city is in need of more recreation fields. My recommendations from the mid-90's still stand. They include expanding the current locker rooms by knocking a wall out underneath the seating areas. Also, better use of those underground areas. A perfect example of multi-use, while they did not succeed, was the Roanoke Boxing Association. There are possibilities of renting this space out if and when you are able to remove unused city equipment. The structural problem can be fixed in phases. One of the ideas that I suggested was to remove the current press box and build a new one on the opposite side. This would do two things: 1) create a new press box with better views, and 2) allow the removai of the current press box and have seating eliminated where there are brick problems on that side of the stadium. Field problems are simple, and I have said this for over six years. Elevate and slope to allow for drainage, which would allow better grass down the center of the field, a problem over and over again. The bathrooms are a simple fix. Follow the lead of Virginia Tech and other stadiums-- remove the fixtures and install troughs in the men's rooms. This takes care of the ongoing plumbing problems. This would also lead to a cost-savings to assist in plumbing expenses in the ladies rest rooms. It is very difficult to run a football stadium and amphitheatre in the same complex, again because of turf. Making minor adjustments to Victory Stadium would ease some of the problems associated with both. Now, I am not against a new stadium. While I might disagree with the scenic location of a new complex, I do not disagree you probably need an upgrade. But Victory Stadium 3 remains an asset the city that could continue to provide a service. For now, I think you move ahead with the new plans but also discuss minor repairs to Victory Stadium. I have seen the bowels of many municipal stadiums around the country, and Victory stands above them. Matter of fact, one of the minor leagues that the Rush was associated with wanted to hold its championship and all-star weekend here in the Star City. Negotiations fell through with the recreation department, but the league still wanted to come to Victory. That says something in itself. The benefits are in front of you to keep it in one form or another. The benefits include a walking track and a second stadium for use by area high schools-- and I'm not just talking about Fleming and PH. You also have to remember Roanoke Catholic has played a majority of its games over the past 10 years at Victory Stadium. Two stadiums would surely make life easier on the problems facing the school board about future football stadiums. In closing, I suggest you look at the bigger picture. One that can better serve the entire population. Victory Stadium with some minor improvements, and I repeat, minor improvements, would still serve this community. Don't destroy a part of the city's history without thinking about what it has provided over the years. But also don't stop in your movement toward a better future for Roanoke, its citizens and visitors from throughout the Commonwealth. Thank you for you time in this matter, and good luck in your final decision process. And I say thank you to the Grand Ole' Lady for all the memories.