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Council Actions 09-15-03
DOWE 36473-091503 RO~4NOKE CITY COUNCIL REGUL~4R SESSION SEPTEMBER 15, 2003 2:00 P.M. CITY COUNCIL CHAMBER .4 GEND~4 1. Call to Order--Roll Call. (Council Member Cutler was absent.) The Invocation was delivered by The Reverend Johnny Stone, Pastor, Hill Street 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 Thursday, September 18, 2003, at 7:00 p.m., and Saturday, September 20, 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 C. TAYLOR MUNICIPAL BUILDING 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. 2 REGULAR SESSION 2. PRESENTATIONS AND ACKNOWLEDGMENTS: ao A Resolution memorializing the late Betty Brooke Morris Parrott. Adopted Resolution No. 36473-091503 (6-0) File #367-323 ** CONSENT AGENDA (APPROVED 5-0, Council Member Wyatt was out of the Council Chamber when the vote was recorded.) 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 Minutes of the regular meeting of Council held on Monday, July 21, 2003, and recessed until Thursday, July 31, 2003. RECOMMENDED ACTION: Dispense with the reading of the minutes, and approve as recorded. C-2 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: File #132-110 Concur in the request. C-3 A communication from Mayor Ralph K. Smith requesting that Council convene in a Closed Meeting to discuss the Citizen of the Year Award, pursuant to Section 2.2-3711 (A)(10), Code of Virginia (1950), as amended. RECOMMENDED ACTION: File #132-496 Concur in the request. C-4 A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss disposition of publicly-owned property, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: File #132-166 Concur in the request. C-5 A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss disposition of publicly-owned property, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: File #132-166 Concur in the request. C-6 A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss disposition of publicly-owned property, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: File #132-166 Concur in the request. C-7 A communication from the City Manager requesting that Council schedule a public hearing for Monday, October 6, 2003, at 2:00 p.m., or as soon thereafter as the matter may be heard, with regard to adoption of a revised 4 C-8 C-9 Cable Television Ordinance and approval of a renewal of the Franchise Agreement. RECOMMENDED ACTION: Concur in the request. File #132-448-117 Minutes of the Roanoke City Audit Committee held on Tuesday, September 2, 2003. RECOMMENDED ACTION: Receive and file. File #300 Qualification of Michael W. Conner as a member of the Towing Advisory Board, for a term ending June 30, 2006. RECOMMENDED ACTION: Receive and file. File #110-530 REGULAR AGENDA 4. PUBLIC HEARINGS: NONE. 5. PETITIONS AND COMMUNICATIONS: a. Request of the Commonwealth's Attorney to present cost collection results for fiscal year 2002-03. (10 minutes) Receive and filed. File #60-133 6. REPORTS OF OFFICERS: a. CITY MANAGER: ITEMS RECOMMENDED FOR ACTION: Acceptance of Help Eliminate Auto Theft (H.E.A.T.) grant funds, in the amount of $6,911.00; and execution of an agreement with the Virginia Department of State Police. Adopted Budget Ordinance No. 36474-091503 and Resolution No. 36475-091503 (6-0) File #60-236-5 Amendment to the City Code to allow the discharge of a firearm within City limits in connection with implementation of the City's Deer Management Plan. Adopted Ordinance No. 36476-091503 (5-1, Council Member Bestpitch voted no.) File #24-54-212 Execution of Assignment and Amendment Number One with SEMCO, Inc. of Virginia, to the Option Agreement with Roanoke Development, LLC, to purchase an 18.437-acre parcel of land known as "New Tract F", located in the Roanoke Centre for Industry and Technology. Adopted Ordinance No. 36477-091503 (6-0) File #207-450 Amendment to the Pay Plan Ordinance to include the Master Deputy Sheriff Program, a career enhancement program offered to Sheriff's Offices by the State Compensation Board, which began in 1995. Adopted Ordinance No. 36478-091503 (6-0) File #18-108-121 6 Acceptance of a Local Law Enforcement Block Grant, in the amount of $ ! 02,351.00; and execution of an agreement with the Bureau of Justice Assistance. o Adopted Budget Ordinance No. 36479-091503 and Resolution No. 36480-091503 (6-0) File #5-60-236 Acceptance of Runaway and Homeless Youth Act Program Grant No. 03CY0433/02, in the amount of $126,675.00; and execution of an agreement with the U. S. Department of Health and Human Services. Adopted Budget Ordinance No. 36481-091503 and Resolution No. 36482-091503 (6-0) File #60-304-236 o Acceptance of Base 2003 Office of Domestic Preparedness Equipment Program Grant funds; in the amount of $79,657.00; and execution of an agreement with the Virginia Department of Emergency Management. Adopted Budget Ordinance No. 36483-091503 and Resolution No. 36484-091503 (6-0) File #60-188-236 BRIEFINGS: 9. Market Building (20 minutes) Received and flied. File #42 I0. Zoning Ordinance Update (20 minutes) Received and filed. File #51 b. DIRECTOR OF FINANCE: 1. Financial report for the month of July 2003. Received and filed. File #10-60 7. REPORTS OF COMMITTEES: ao Request of the Roanoke City School Board to appropriate and transfer funds to various school accounts; and a report of the Director of Finance recommending that Council concur in the request. Richard L. Kelley, Assistant Superintendent of Operations, Spokesperson. Adopted Budget Ordinance No. 36485-091503 (6-0) File #60-467 A communication from the Roanoke City School Board requesting adoption of a resolution indicating that the City will participate in the 2003 Interest Rate Subsidy Program Bond Issue - VPSA School Financing Bonds, in connection with the Roanoke Academy for Mathematics and Science project; and that Council schedule a public hearing for Monday, October 6, 2003, at 2:00 p.m., or as soon thereafter as the matter may be heard. Richard L. Kelley, Assistant Superintendent of Operations, Spokesperson. Adopted Resolution No. 36486-091503 (6-0) File #467-53-552 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 Wyatt, Council liaison to the Roanoke Civic Center Commission, advised that the Civic Center Commission has requested more timely transmittal of the City's Monthly Financial Reports. File #192 Council Member Wyatt advised that it has been reported that in lieu of purchasing a ladder engine for the Fire Department, the City will instead purchase three refuse collection vehicles. The City Manager advised that she would respond to the inquiry prior to the 7:00 p.m. Council session. File #472-70-144 The Mayor requested that the City Manager review the new traffic lane changes on Williamson Road. 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. John Kepley, 2909 Morrison Street, S. E., spoke with regard to the decision of Council to construct a stadium/amphitheater on Orange Avenue, in lieu of renovating Victory Stadium. File #122-66 9 Mr. Chris Craft, 1501 Eastgate Avenue, N. E., advised that instead of building a new stadium, the City should pave Williamson Road, provide Gainsboro with the funds that were previously committed to by the City, address traffic congestion on Orange Avenue, install universal turn lanes on Williamson Road, seek ways to save taxpayers' money, while not dividing the community. File #122-66 Ms. Norma Smith, 11 14th Street, S. W., called attention to HUD funds which were allocated for Hurt Park. She requested clarification as to whether the funds were designated for Hurt Park, or for the Hurt Park neighborhood in general. In view of long standing community needs, she asked that the funds be used for the entire Hurt Park community. File #60-165 12. CITY MANAGER COMMENTS: NONE. THE MAYOR DECLARED THE MEETING IN RECESS FOR TWO BRIEFINGS BY THE CITY MANAGER AND FIVE CLOSED SESSIONS. CERTIFICATION OF CLOSED SESSION. (6-0) THE MEETING WAS DECLARED IN RECESS AT 6:50 P.M., TO BE RECONVENED AT 7:00 P.M. 10 ROANOKE CITY COUNCIL REGULAR SESSION SEPTEMBER 15, 2003 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order -- Roll Call. (Council Member Cutler was absent.) The Invocation was delivered by Vice-Mayor C. Nelson Harris, The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Ralph K. Smith. Welcome. Mayor Smith. NOTICE: The Council meeting will be televised live by RVTV Channel 3 to be replayed on Thursday, September 18, 2003, at 7:00 p.m., and Saturday, September 20, 2003, at 4:00 p.m. Council meetings are now being offered with closed captioning for the hearing impaired. 11 A. PUBLIC HEARINGS: Request of Kermit and Dorothy Shriver that a portion of an alley located off Thyme Street, S. E., at the rear of Lots 4, 5 and 6, Official Tax Nos. 4041901 - 4041904, inclusive, be permanently vacated, discontinued and closed. Kermit and Dorothy Shriver, Spokespersons. Adopted Ordinance No. 36487-091503 (6-0) File #514 Request of L & M Properties, L.L.C., to rezone three tracts of land located on Wertz Avenue and Mississippi Avenue, N. E., consisting of 14.401 acres, more or less, identified as Official Tax Nos. 3130301, 3130504 and 3130312, from HM, Heavy Manufacturing District, to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioner. John H. Lipscomb, Member, L & M Properties, L.L.C., Spokesperson. Adopted Ordinance No. 36488-091503 (6-0) File #51 o Request ofL & M Properties, L.L.C., to rezone a tract of land located at 2820 Ridgefield Street, N. E., consisting of 0.1055 acre, more or less, identified as Official Tax No. 3130303, from HM, Heavy Manufacturing District, to RM-1, Residential Multifamily, Low Density District. John H. Lipscomb, Member, L & M Properties, L.L.C., Spokesperson. Adopted Ordinance No. 36489-091503 (6-0) File #51 Request of GCSWVA Co., L.L.C., to rezone a tract of land located at the comer of Duke of Glouchester Street, S. W. (private), and Duke of Glouchester Street, S. W. (public), containing 1.3 acre, more or less, 12 identified as a portion of Official Tax No. 5500114, from RM-2, Residential Multifamily, Medium Density District, to C-l, Office District, subject to certain conditions proffered by the petitioner. Dr. Dennis B. Weiserbs, Managing Member, Spokesperson. Adopted Ordinance No. 36490-091503 (6-0) File #51 5.(a) Proposed amendment to Vision 2001-2020, the City's Comprehensive Plan, to include the Norwich Neighborhood Plan. R. Brian Townsend, Agent, City Planning Commission. Adopted Ordinance No. 36491-091503 (6-0) File #165-200 (b) Proposed amendment to Vision 2001-2020, the City's Comprehensive Plan, to include the Wasena Neighborhood Plan. R. Brian Townsend, Agent, City Planning Commission. Adopted Ordinance No. 36492-091503 (6-0) File #165-200 (c) Proposed amendment to Vision 2001-2020, the City's Comprehensive Plan, to include the Morningside/Kenwood and Riverdale Neighborhood Plan. R. Brian Townsend, Agent, City Planning Commission. Adopted Ordinance No. 36493-091503 (6-0) File #165-200 o Application to the Department of Housing and Community Development for designation of a certain area in the City as an Enterprise Zone, to be incorporated within the City's current Enterprise Zone One designation which will expire on December 31, 2003. Darlene L. Burcham, City Manager. Adopted Resolution No. 36494-091503 (6-0) File #266 13 Proposed amendment of subsections (a) and (c), Section 36.1-345, District regulations; certificate of appropriateness, Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended, to address installation or replacement of siding. R. Brian Townsend, Agent, City Planning Commission. Adopted Ordinance No. 36495-091503 (6-0) File #51-200 Proposed adoption of a resolution authorizing the City to contract a debt and to issue sewer revenue bonds of the City in a principal amount not to exceed $25,000,000.00 to finance the costs of capital improvements to the Roanoke Regional Water Pollution Control Plant, pursuant to Section 15.2-2606.A, Code of Virginia (1950), as amended. Darlene L. Burcham, City Manager; and Jesse A. Jesse A. Hall, Director of Finance, Director of Finance. Adopted Resolution No. 36496-091503 and Budget Ordinance No. 36497-091503 (6-0) File #53-60-217-468 Proposed adjustment to the City of Roanoke Fiscal Year 2003-04 Budget, in connection with appropriation of funds for the Capital Maintenance and Equipment Replacement Program (CMERP). Darlene L. Burcham, City Manager. Adopted Budget Ordinance No. 36498-091503 (6-0) File #60-270 10. Proposed lease of a portion of City-owned property located at the Parks and Recreation Department, 210 Reserve Avenue, S. W., to Climbing Performance Institute, Inc., to operate the Rocwood Indoor Adventure Center, for an initial one-year term, with an option to extend for up to four additional one-year periods. Darlene L. Burcham, City Manager. Adopted Ordinance No. 36499-091503 (6-0) File #67-166-373 14 11. Proposed conveyance of a 15-foot easement to extend an existing overhead power line located at Patrick Henry High School, 2102 Grandin Road, S. W., to Appalachian Power Company, d/b/a American Electric Power, to provide electric service to a mobile classroom. Darlene L. Burcham, City Manager. Adopted Ordinance No. 36500-091503 (6-0) File #433-467 12. Proposed conveyance ofa 15-foot overhead and underground easement, with a 40 square foot area, to accommodate a new pole across City- owned property on Barns Avenue, N. W., identified as Official Tax No. 6610101, to Appalachian Power Company, d/b/a American Electric Power, to provide underground electric service for the new Roanoke City School Transportation Facility. Darlene L. Burcham, City Manager. Adopted Ordinance No. 36501-091503 (6-0) File #29-433-467 B. OTHER BUSINESS: NONE. 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. Mrs. Zoe Hewitt-Stinnette, 2531 Peters Creek Road, S. W., spoke in support of a higher pay scale for public safety employees. File #18-5-123 Mr. John Kepley, 2902 Morrison Avenue, S. E., continued his remarks from the 2:00 p.m. Council session in regard to construction of the proposed new stadium/amphitheater on Orange Avenue. File #122-66 15 Mr. Robert Gravely, 3360 Hershberger Road, N. W., expressed concern with regard to the City's aging infrastructure, creation of more jobs for Roanokers, and adequate wages for City employees. File#18-184-66 16 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 2003. No. 36473-091503. A RESOLUTION memorializing the late Betty Brooke Morris Parrott, wife of former Council Member John H. Parrott. WHEREAS, the members of Council learned with sorrow of the passing of Mrs. Parrott on Monday, August 25, 2003; and WHEREAS. Mrs. Parrott grew up in Roanoke and graduated from Oldfields School in Glencoe, Maryland, in 1948 and from Sweet Briar College in Sweet Briar, Virginia, in 1952; and WHEREAS, after college, Mrs. Parrott worked for The Roanoke Times & World News before marrying and becoming a homemaker; and WHEREAS, Mrs. Parrott was a volunteer for Meals on Wheels, and served on the Roanoke Public Library Board, the Advisory Council of the Community Arboretum at Virginia Western Community College, and the Altar Guild at St. John's Episcopal Church, where she was a lifelong member; and WHEREAS, Mrs. Parrott was a member of the Junior League of Roanoke Valley, Roanoke Valley Garden Club, and the Roanoke Assembly and served on its board. 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 Betty Brooke Morris Parrott, and extends to her family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Mrs. Parrott 's husband of 47years, John H. Parrott of Roanoke, Virginia. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor MINUTES Please refer to Official Minutes File. RALPH K. SMITH Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.W., ROOM 452 ROANOKE, VIRGINIA 24011 -I 594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 September 15, 2003 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: This is to request a Closed Meeting to discuss 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. Sincerely, RKS:snh Ralph K. Smith Mayor RALPH K. SMITH Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, $.W., ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 September 15, 2003 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: This is to request a Closed Meeting to discuss the Citizen of the Year, pursuant to Section 2.2-3711 (A)(10), Code of Virginia (1950), as amended. Sincerely, RKS:snh Ralph K. Smith Mayor 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.corn September 15, 2003 The Honorable Mayor and Members of City Council Roanoke, Virginia Subject: Request for closed meeting Dear Mayor Smith and Council Members: This is to request that City Council convene a closed meeting to discuss the disposition of publicly-owned property pursuant to §2.2-3711 .A.3, Code of Virginia (1950), as amended. DLB/f Sincerely, City Manager (3: William M. Haokworth, City Attorney Jesse A. Hall, Director of Finance Mary F. Parker, 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 September 15, 2003 The Honorable Mayor and Members of City Council Roanoke, Virginia Subject: Request for closed meeting Dear Mayor Smith and Council Members: This is to request that City Council convene a closed meeting to discuss the disposition of publicly-owned property pursuant to §2.2-3711 .A.3, Code of Virginia (1950), as amended. DLB/f Sincerely, City Manager C: William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Mary F. Parker, 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 CityWob: www.roanokegov.com September 15, 2003 The Honorable Mayor and Members of City Council Roanoke, Virginia Subject: Request for closed meeting Dear Mayor Smith and Council Members: This is to request that City Council convene a closed meeting to discuss the disposition of publicly-owned property pursuant to §2.2-3711 .A.3, Code of Virginia (1950), as amended. DLB/f Sincerely, City Manager C~ William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Mary F. Parker, 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 September 15, 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 Subject: Authorization to advertise for adoption of a revised Cable Television Ordinance and Approval of a Renewal Cable Television Franchise Agreement Dear Mayor Smith and Members of City Council: The City of Roanoke representatives, along with representatives of Roanoke County and the Town of Vinton, have been negotiating a renewal of the Cable Television Franchise Agreement between the City and CoxCom, Inc., d/b/a Cox Communications Roanoke. This will also involve adoption of a revised Cable Television Ordinance for the City. In order to accomplish this, a public hearing needs to be held. Recommended Action: Authorize the scheduling and advertising of adoption of a revised Cable Television Ordinance and approval of a renewal Franchise Agreement between the City and CoxCom, Inc., d/b/a Cox Communications Roanoke, for a public hearing to be held at Council's October 6, 2003, meeting. Respectfully submitted, City Manager C~ Mary F. Parker, City Clerk Jesse A. Hall, Director of Finance William M. Hackworth, City Attorney Roy Mentkow, Acting Director of Technology CM03-0190 MINUTES OF ROANOKE CITY AUDIT COMMI'II'EE September 2, 2003 1. CALL TO ORDER: The meeting of the Roanoke City Audit Committee was called to order at 11:05 a.m. on Tuesday, September 2, 2003, with Chair, Linda F. Wyatt, presiding. · The roll was called by Mrs. Powers Audit Committee Members Present: Linda F. Wyatt, Chair Mayor Ralph K. Smith William D. Bestpitch Dr. M. Rubert Cutler Alfred T. Dowe, Jr. C. Nelson Harris (arrived late) Beverly T. Fitzpatrick, Jr, Others Present: Drew Harmon, Municipal Auditor Darlene L. Burcham, City Manager David C. Anderson, City Treasurer William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Chris Slone, Public Information Officer Rolanda B. Russell, Asst. City Manager Community Development George C. Snead, Jr., Asst. City Manager for Operations Ruth C. Willson, School Board Audit Chair Susan S. Lower, Deputy Director of Real Estate Valuation Mike Tuck, Assistant Municipal Auditor Pamela Mosdell, Information Systems Auditor Brian Garber, Senior Auditor Evelyn Powers, Administrative Assistant Joe Dashiell, News Channel 7 Senior Reporter Todd Jackson, Roanoke Times Reporter Evelyn Bethel, Citizen Helen Davis, Citizen 2. INTERNAL AUDIT REPORT: A. Real Estate Valuation B. Sheriff's Canteen Fund and Jail Inmate Fund C. Purchasing Cards D. Facilities Management Mrs. Wyatt ordered that the internal audit reports be received and filed. There were no objections from the Committee. Mrs. Wyatt recognized Mr. Harmon for comments. Mr. Harmon briefed the Committee on the Real Estate Valuation audit and informed the Committee that this was a turnover audit as requested by Council prior to Mr. Claytor retiring. Mr. Harmon stated that things were found in excellent order. Mr. Harmon stated he would like to pertorm a post implementation audit in about a year to look at the system. Mr. Bestpitch asked for clarification Audit Committee Minutes Page 2 that the most recent data available from the Virginia Department of Taxation was the 2000 data. Mr. Harmon verified that 2000 was the most current data available. Mr. Bestpitch questioned if the reason goal number 3 regarding the reduction of supervisory positions in Real Estate had not yet occurred was because they were trying to achieve this through attrition in relation to reducing the number of supervisors in the office. Mr. Harmon stated it is somewhat due to the status of people currently in those positions as well as the need for staff to implement Proval. Mr. Bestpitch asked if the Proval implementation would be finished in about I year. Mr. Harmon stated yes from the standpoint of program implementation. Mr. Hall, Director of Finance, stated that the organization structure of Real Estate Valuation will be evaluated once a new Director is in place. Mr. Hall stated that the major functions of Proval are in place and that it might take 1 to 2 years to establish the models in the system for approximately 150 distinct neighborhoods. Mr. Bestpitch said that he understands that Proval is a dynamic process and in some sense it will never be completed. Mr. Bestpitch asked Mr. Hall if he had any concerns now that Real Estate Valuation has been transferred to his area. Mr. Hall stated no; other than getting a Director named. Dr. Cutler asked if revising the current business plan would be at the top of the list for the new Director of Real Estate Valuation. Mr. Hall stated yes. Mr. Dowe asked if there's a need for more payment drop boxes given the recent closing of the Treasurer's satellite office at DMV. Mr. Anderson, City Treasurer, stated that the current drop box at the DMV will stay and there is one at Reserve Avenue at Parks & Recreation, one in front of the Municipal Building, and one downstairs in the lobby. We have not looked at anymore areas to put drop boxes currently. Mr. Anderson stated that the manager at DMV was very positive about having the drop box there permanently and it will be picked up everyday by the City. Mrs. Wyatt stated that if there was no objection, the Chair would like to send a letter of commendation to Mr. Claytor on the results of the audit and the fine shape in which he left his department. There was no objection to the order. Mr. Harmon briefed the Committee on the Sheriff's Canteen and Jail Inmate Fund audit. There were no comments or questions from the Committee. Mr. Harmon briefed the Committee on the Purchasing Cards audit. Dr. Cutler asked what an "attractive asset" was as described in the report. Mr. Harmon stated that an attractive asset was anything that could be for personal use, such as a lawn mower. Mr. Harmon briefed the Committee on the Facilities Management audit. Mr. Harmon stated that the audit was the first one in the Building Maintenance area and that the scope was limited to evaluating work order processing and the preventive maintenance process. Mr. Harmon stated that management and staff were very cooperative during the audit and were doing a very good job given the limitations they have. Mr. Harmon stated that Building Maintenance needs to have better documented procedures. Mr. Harmon stated that the use of blanket work orders needs to be better regulated. Mr. Bestpitch stated that he noticed that the department has been without a manager for over 13 months and that the findings identified were management related. Ms. Burcham stated that a Facilities Manager has been hired and will start on September 29. Ms. Burcham stated that she has been concerned that no departments in the City have an automated work order system. Ms. Burcham stated that this has been made a priority over the next 9 months to put such a system in place. This will give managers in all City areas better insight into the deployment of his or her resources. Ms. Burnham noted that Wanda Reed served as Acting Manager of Facilities Management for a number of months and that they have also reinstated a Superintendent position in Facilities Management that was an internal promotion. Ms. Burcham stated that the City is trying to get trades workers to acquire the necessary certifications so that they can move up in the organization. Mr. Bestpitch stated that Audit Committee Minutes Page 3 while he agrees with the ideas stated regarding internal promotions, he is concerned about positions taking 14 months to fill. Mr. Bestpitch stated that this issue should be part of the budget study discussions this year. Mrs. Wyatt stated that this concern will be passed along to Mr. Harris who chairs the Budget Committee. There were no further questions or comments from the Audit Committee regarding the internal audit reports. All reports were received and filed. 3. UNFINISHED BUSINESS: A. School Safety- Update Mrs. Wyatt recognized Mr. Harmon for comments. Mr. Harmon stated that he had met with Dr. Harris and Mrs. Willson, who is the School Board Audit Committee chair, and discussed the issue and that the full Board would discuss the appropriate timing for a safety audit at the September 9th School Board meeting. Dr. Cutler stated that his perception from the morning meeting was that the auditing department would not be involved for maybe a year or more. Mr. Harmon stated that was his perception as well. Mr. Harmon stated that the three year audit plan for the School Board included a safety audit in fiscal year 2005. Mr. Harmon stated he understood the position that schools are making changes to the process and that auditing the process would be like trying to hit a moving target. Mr. Harmon stated that questions about the data inconsistencies and about the intent to under report were not addressed by the Department of Education's review. Dr. Cutler stated that his response to the members of the public who have contacted him about school safety is that he has a great deal of confidence in the Municipal Auditor and the audit staff and the sooner audit is involved the better. Mr. Bestpitch stated that based on his understanding of the audit function, it is best to involve auditors at the beginning of the development and implementation of a new process. Mr. Bestpitch stated that he felt it would be valuable relatively soon to not have necessarily an evaluation, but to have some involvement from the auditing department to advise how best to setup the process. Mr. Bestpitch asked if there are other questions that truly need to be answered that could provide useful information to the task force process and the development of a better system. Mr. Bestpitch asked if we really need to get more answers to those questions or do we have enough information to say that the best use of our time and resources would be towards development of better processes for the future as opposed to answer every question about the past. Mr. Harmon stated that in his opinion, the public has been concerned with two questions: 1) was there intentional under reporting, and 2) what exactly were the data inconsistencies. Mr. Harmon stated that he believes it would be better to answer those questions sooner rather than later. Mr. Harmon stated that the Administration could probably do that just as well as an auditor could in most cases. The school's safety person, Annie Harmon, could have her staff look at the process and the data to determine exactly went wrong. Mr. Harmon stated that he has discussed with Dr. Harris and Mrs. Willson the need for the School Board to discuss their concerns on Tuesday the 9th' whether or not it is important to look back and review the data. Mr. Bestpitch asked if the Auditing department could audit the school safety data within the department's annual plan due to be approved at today's meeting. Mr. Harmon stated that the School Board had agreed in June to revisit the annual plan in September after the Department of Education report was completed and decide if the plan should be revised to include audit work in school safety. Mr. Bestpitch stated that if the Municipal Auditor feels there are some specific questions that need to be evaluated, then the City Audit Committee may want to think about listening to that and supporting his recommendations. Mrs. Wyatt stated that the chair Audit Committee Minutes Page 4 would entertain a motion to that effect. Mr. Harmon stated the decision to audit school safety resides solely with the School Board. Mr. Bestpitch stated that he was not trying to make a motion to direct, but only to endorse the auditor's recommendation to the School Board on how to proceed. Mr. Fitzpatrick seconded the motion. Mrs. Wyatt stated that the motion had been moved and seconded that the Audit Committee endorse Mr. Harmon's recommendation. Mrs. Wyatt asked for any discussion. Mr. Fitzpatrick stated that Mrs. Willson was present and that she may want to address the issue. Mr. Fitzpatrick stated that he thought it was important to get the kind of information being discussed. He also wanted to be sure that the School Board understood the City Audit Committee's intentions and that the decision was the School Board's own to make. Mr. Bestpitch stated that he agreed, and that he wanted to be sure the School Board understood that the City Audit Committee would not hesitate to offer any assistance that would be helpful. Mr. Harris apologized for being late and asked Mr. Harmon to encapsulate his recommendations. Mr. Harmon stated that the questions regarding intentional under reporting, and data discrepancies continue to be outstanding concerns to the public and that it would be best to address those questions now through an audit. Mrs. Willson stated that she was happy to be at the meeting to hear the discussion and that she would bring forth Council's concerns to the School Board. She stated that the School Board does have an engagement letter with the Municipal Auditor and an audit plan has been voted on and agreed to this year. She stated that the School Board would discuss the plan at their meeting Tuesday night. There being no further discussions on the matter, the motion passed unanimously. 4. NEW BUSINESS: A. Municipal Auditing Annual Plan - June 30, 2004 B. Audit Committee Annual Report - June 30, 2003 C. Municipal Auditing Annual Report - June 30, 2003 Mr. Harmon briefed the Committee on the Municipal Auditing Annual Plan for fiscal year 2004, and the Municipal Audit Annual Report for fiscal year 2003. Mr. Harmon stated that due to a number of unscheduled audits, the department was unable to complete last year's audit plan and that unscheduled audits were to be expected. Dr. Cutler asked if there were any audit issues that should be considered that relate to the creation of the Regional Water Authority and is the Municipal Auditing department involved in Authority related work at this time. Mr. Harmon stated that he has not been involved at all and that it was mentioned at our April work session with Council. Mr. Harmon stated that he has had discussion with Ms. Burcham and Mike McEvoy about the possibility of providing internal audit service for the Water Authority in some way. Dr. Cutler stated that in a way it was similar to the situation regarding the Assessor's office in transferring responsibility to the Director of Finance because the City is sort of completing its responsibilities before shifting them to the Authority. Dr. Cutler asked if now is the time to look at something. Mr. Harmon stated there are a lot of components involving water billing, operations, and accounting. He felt it would be difficult to do anything that would be beneficial. Dr. Cutler asked if internal audit was an internal support function that the City would contract with the Authority to provide. Ms. Burcham stated that it is one that we have not discussed at this point as we have tried to look at the bigger issues, but it is on the list of things that will be identified. Ms. Burcham stated that there a number of options, it could be contracted and it could be something that we chose to privately contract. Ms. Burcham stated that we have been going through a series of steps trying to analyze the big pieces particularly those that will have an immediate financial impact. Mrs. Wyatt asked Mr. Harmon about not finishing audits on last year's plan and noted her concern that part of being pro-active is having staff time available to Audit Committee Minutes Page 5 do training and the equivalent of preventative maintenance. Mrs. Wyatt asked for Mr. Harmon's input on that for pre-budget study. Mr. Harmon stated that the auditing department would like to do more training and that the City Manager has discussed with him the possible need to provide some in-service about internal controls to the management team. Mr. Harmon stated that time to develop presentations was included in this year's audit plan. He also stated that the department's goal has been to perform some audit service in every department every year. Right now, the department performed some audit service in about 3A of the departments. With additional staff, it may be possible to get that up to 100%. There were no further comments or questions from the Committee. 5. ADJOURNMENT: There being no further business, the meeting was adjourned at 11:55 a.m. Linda F. Wyatt, Audit Committee Chair 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-maih clerk~ci.roanoke.v& ua STEPHANIE M. MOON Deputy City Cie& SHEILA N. HARTMAN Assistant City Clerk September 19, 2003 File #15-110-530 Tommy Wood, Secretary Towing Advisory Board 2020 Mt. View Road Vinton, Virginia 24179 Dear Mr. Wood: This is to advise you that Michael W. Conner has qualified as a member of the Towing Advisory Board for a term ending June 30, 2006. Mary F. Parker, CMC City Clerk MFP:ew pc: Stephanie M. Moon, Deputy City Clerk H:~genda 03~ept 1303 correspondence,wpd Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Michael W. Conner, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Co~s'~tion of the Commonwealth of Virginia, and that I will faithfully and impartially~is~-'l~arge-'and perform all the duties incumbent upon me as a member~--the.~Towi ~',/Advisory Board, for a term ending Subscribed and sworn to before me this/(~da of~7__ 2003. ARTHUR B. CRUSH, Ill, CLERK H:~Agenda.03~August 18, 2003 co~res~ondence.wpd AUG-19-2003 14:21 FROM:ROANOKE CITY COMMONW 540-510-4192 T0:1145 p:2/2 R~^p.M,~N GolqlqONWEALIH- OF iRG)Ni CITY OF ROANOKE CO~,T COLLECTION UNiT OFRCE OF THE COMMONWEAt,ltd'$ ATTORNEY August 19, 2003 ~onorable Mayor and Members of Roanoke City Council Roanoke, Virginia Subject: Cost Collections Unit Dear Mayor Smith and Members of City Council: Please reserve approximately ten minutes at the September 15, 2003 Council Meeting, for the Commonwealth's Attorney to de a short presentation of the Cost Collection Department's results for the 2002-2003 Fiscal Year. Thank you for your assistance with this request. Sincerely, Col ] em. ti on gpeo_~.al CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1S91 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com September 15, 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 Betty Jo Anthony, Assistant Commonwealth Attorney, in which she will be presenting results of the Cost Collection Department for the 2002-2003 fiscal year at the regular meeting of City Council on Monday, September 15, 2003. DLB:sm c: City Attorney Director of Finance City Clerk Respectfully submitted, City Manager CITY OF ROANOKE COST COLLECTIONS UNIT Fiscal Year 2002 - 2003 Page: INDEX 1 - Summary of Cost Collection Effort for Fiscal Year 2002-2003 2 - Four-Year Comparison of Cost Collection Effort 3 - Chart: Four-Year Comparison of Cost Collection Results for Roanoke City 4 - Four-Year Comparison of General District Court Delinquent Collections 5 - Chart: General District Court 4-Year Comparison 6 - Four-Year Comparison of Circuit Court Delinquent Collections 7 - Chart: Circuit Court 4~Year Comparison 8 - Four-Year Comparison of Juvenile & Domestic Court Delinquent Collections 9 - Chart: Juvenile & Domestic Court 4-Year Comparison SUMMARY OF COST COLLECTION EFFORT FOR FISCAL YEAR 2002 - 2003 GENERAL DISTRICT Total Delinquent Referred Total Delinquent Collected 364,58t .09 % of Total Delinquent Referred 57.90% State 301,564,34 % of Total Delinquent Collected 82.72% Local 63,016.75 % of Total Delinquent Collected 17.28% $629,685.13 dUVENILE CIRCUIT & DOMESTIC $490,925.23 $78,358.37 163,404.69 28,373.94 33.29% 36.21% 143,817.43 25,674.71 88.01% 90.49% 19,587.46 2,699.23 11.99% 9.51% TOTALS FOR ALL $1,198,968.73 556,359.92 46.40% 471,056.48 84.67% 85,303.44 15.33% 35% from State 35% from City 35% to Cost Collections from Total Delinquent Collected BUDGET EXPENDITURE EXCESS REVENUE SPLIT 50/50 WITH STATE COLLECTION FEE BREAKDOWN 104,027.95 50,262.65 8,988.64 ~ 6,829.76 ~ 126,083.20 57,092.41 9,971.88 ~ 17,570.51 3,068.90 87,280.38 39,521.90 6,902.98 43,640.t9 19,760.95 3,451.49 YEAR-END RESULTS FOR ROANOKE CITY LOCAL DELINQUENT COLLECTED MINUS 35% COLLECTION FEE PLUS SPLIT TOTAL REVENUE TO LOCALITY 63,016.75 19,587.46 2,699.23 40,961.50 12,757.70 1,715.99 43.640.t9 19,760.9_5 3.45t.49 $84,601.69 $32,518.66 $5,t67.48 ADDITIONAL INCOME TO CITY ($122,287.82 - 85,303.44) = The ACTUAL COST OF COLLECTION is the Budget Expenditure of $59,442.24 which results in a Collection Cost Percentage of - 10.68% Page I FOUR-YEAR COMPARISON OF COST COLLECTION EFFORT Total Delinquent Referred Total Delinquent Collected % of Total Delinquent Referred State Delinquent Collected % of Total Delinquent Collected FY FY FY FY t999-00 2000-0t 2001-02 2002-03 789,240.01 976,491.52 920,915.33 1,198,968.73 523,726.92 492,683.87 546,054.02 556,359.92 66.36% 50.45% 59.29% 46.40% 437,019.82 415,453.39 463,924.68 471,056.48 83.44% 84.32% 84.96% 84.67% Local Delinquent Collected 86,707.10 77,230.48 82,129.34 85,303.44 % of Total Delinquent Collected 16.56% 15.68% 15.04% 15.33% 35% from State 35% from City 35% to Cost Collections from Total Delinquent Collected BUDGET EXPENDITURE EXCESS REVENUE SPLIT 50150 WITH STATE COLLECTION FEE 150,259.92 29.795.63 180,055.55 BREAKDOWN 142,482.22 163,061.82 163,279.24 29.028.33 2 6~6~Zt ~ 171,510.55 191,750.03 193,147.49 56.814.19 56.869.30 58.707.98 ~ 123,241.36 114,641.25 133,042.05 133,705.25 61,620.68 57,320.63 66,521.03 66,852.63 YEAR-END RESULTS FOR ROANOKE CITY LOCAL DELINQUENT COLLECTED MINUS 35% COLLECTION FEE PLUS SPLIT WITH STATE TOTAL REVENUE TO LOCALITY ADDITIONAL INCOME/LOSS TO CITY 86,707.10 77,230.48 82,129.34 85,303.44 29,795.63 ~ ~ ~ 56,911.47 48,202.15 53,441.13 55,435.19 ~ 57,320.63 66,521.03 ~ 118,532.15 105,522.78 119,962.16 122,287.82 $31,825.05 $28,292.30 $37,832.81 $36,984.38 36.70% 36.63% 46.06% 43.36% Page 2 Page 3 FOUR-YEAR COMPARISON OF DELINQUENT COLLECTIONS in ROANOKE CITY GENERAL DISTRICT COURT Total Delinquent Referred Total Delinquent Collected % of Total Delinquent Referred State Delinquent Collected % of Total Delinquent Collected Local Delinquent Coliected % of Total Delinquent Collected FY FY FY FY 1999-00 2000-01 2001-02 2002-03 354,893.66 467,339.27 462,281.86 629,685.13 365,366.18 325,157.94 378,544.17 364,581.09 102.95% 69.58% 81.89% 57.90% 300,839.40 267,484.62 316,524.08 301,564.34 82.34% 82.26% 83.62% 82.72% 64,526.78 57,673.32 62,020.09 63,016.75 17.66% 17.74% 16.38% 17.28% 35% from State 35% fi.om City 35% to Cost Collections from Total Delinquent Collected BUDGET EXPENDITURE EXCESS REVENUE SPLIT 50150 WITH STATE COLLECTION FEE BREAKDOWN 103,210.63 92,149.52 111,402.66 104,027.95 22.137.56 22~..ZgA2~.8 21.681.54 ~ 125,348.19 112,443.80 133,084.20 126,083.20 39.551.99 ~ 40.746.30 ~ 85,796.20 75,159.80 92,337.90 87,280.38 42,898.10 37,579.90 46,168.95 43,640.19 YEAR-END RESULTS FOR ROANOKE CITY LOCAL DELINQUENT COLLECTED MINUS 35% COLLECTION FEE PLUS SPLIT WITH STATE TOTAL REVENUE TO LOCALITY 64,526.78 57,673.32 62,020.09 63,016.75 22,137.66 22,~ZgA~. 2 21.681.54 ~ 42,389.22 37,379.04 40,338.55 40,961.50 42.898.10 37,579.90 46.168.95 43,640.!9 85,287.32 74,958.94 86,507.50 84,601.69 Page 4 Page 5 FOUR-YEAR COMPARISON OF DELINQUENT COLLECTIONS in ROANOKE CITY CIRCUIT COURT Total Delinquent Referred Total Delinquent Collected % of Total Delinquent Referred State Delinquent Collected % of Total Delinquent Collected Local Delinquent Collected % of Total Delinquent Collected FY FY FY FY 1999-00 2000-01 2001-02 2002-03 380,567.31 454,322.90 404,928.50 490,925.23 139,585.91 147,709.87 146,880.14 163,404.89 36.68% 32.51% 36.27% 33.29% 119,023.89 129,846.42 128,513.06 143,817.43 85.27% 87.91% 87.50% 88.01% 20,562.02 17,863.45 18,367.08 19,587.46 14.73% 12.09% 12.50% 11.99% 35% from State 35% from City 35% to Cost Collections from Total Delinquent Collected BUDGET EXPENDITURE EXCESS REVENUE SPLIT 50150 WITH STATE COLLECTION FEE BREAKDOWN 41,057.38 43,697.66 44,975.51 50,262.65 7.092.89 8.047.0! ~ ~ 48,150.27 51,744.67 51,406.93 57,092.41 15.193.19 17.157.45 ~ 17.570.51 32,957.08 34,587.22 35,667.70 39,521.90 16,478.54 17,293.61 17,833.85 19,760.95 YEAR-END RESULTS FOR ROANOKE CITY LOCAL DELINQUENT COLLECTED MINUS 35% COLLECTION FEE PLUS SPLIT WITH STATE TOTAL REVENUE TO LOCALITY 20,562.02 t7,863.45 18,367.08 19,587.46 ~ 8.047,_0! ~ 6.829.76 13,469.13 9,816.44 11,935.66 12,757.70 16.478.54 ~ 17~833.85 19.760.95 29,947.67 27,110.05 29,769.51 32,518.65 Page 6 Page 7 FOUR-YEAR COMPARISON OF DELINQUENT COLLECTIONS in ROANOKE CITY JUVENILE & DOMESTIC COURT FY FY FY FY 1999-00 2000-01 2001-02 2002-03 Total Delinquent Referred Total Delinquent Collected 18,774.83 19,816.06 20,629.71 % of Total Delinquent Referred 34.91% 36.14% 38.41% State Delinquent Collected 17,156.53 18,122.35 18,887.54 % of Total Delinquent Collected 91.38% 91.45% 91.56% Local Delinquent Collected 1,618.30 1,693.71 1,742.17 % of Total Delinquent Collected 8.62% 8.55% 8.44% 53,779.04 54,829.35 53,704.97 78,358.37 28,373.94 36.21% 25,674.71 90.49% 2,699.23 9.51% 35% from State 35% from City 35% to Cost Collections from Total Delinquent Collected BUDGET EXPENDITURE EXCESS REVENUE SPLIT 50150 WITH STATE COLLECTION FEE BREAKDOWN 5,991.90 6,635.04 6,683.65 8,988.64 565.19 687.04 ~ ~ 6,557.09 7,322.08 7,258.90 9,97t.88 2.069.00 2.427.85 2.222.45 3.068.90 4,488.09 4,894.23 5,036.45 6,902.98 2,244.05 2,447.12 2,518.23 3,451.49 YEAR-END RESULTS FOR ROANOKE CITY LOCAL DELINQUENT COLLECTED MINUS 35% COLLECTION FEE PLUS SPLIT WITH STATE TOTAL REVENUE TO LOCALITY 1,618.30 t ,693.71 1,742.17 2,699.23 565.19 687.04_ ~ 983.24 1,053.11 1,006.67 t,166.92 1,7t 5.99 2.244.05 2.447.12 ~ 3,45t .49 3,297.16 3,453.79 3,685.15 5,167.48 Page 8 ooo~o Page 9 CITY OF ROANOKE Office of the City Clerk Mary F, Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk September 19, 2003 File #5-236 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36475-090203 authorizing acceptance of the Help Eliminate Auto Theft (H.E.A.T.) Grant offer made by the Commonwealth of Virginia Department of State Police, in the amount of $6,911.00; and authorizing execution of any required documentation on behalf of the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 15, 2003. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Attachment pc; Jesse A. Hall, Director of Finance Rolanda B. Russell, Assistant City Manager for Community Development A. L. Gaskins, Chief of Police Barry L. Key, Director, Office of Management and Budget H:~,genda 03~sept 13 03 correspondence.wpd 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2003. go. 36475-091503. A RESOLUTION authorizing the acceptance of the Help Eliminate Auto Thef~ (H.E.A.T.) Grant offer made by the Commonwealth of Virginia Department of State Police and authorizing the execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the offer made to the City by the Commonwealth of Virginia Department of State Police of the Help Eliminate Auto Theft (H.E.A.T.) Grant in the amount of $6,911, such grant being more particularly described in the letter of the City Manager, dated September 15, 2003, upon all the terms, provisions and conditions relating to the receipt of such funds. 2. The City Manager and the City Clerk are hereby authorized to execute, seal and attest, respectively, the grant agreement and all necessary documents required to accept this grant, all such documents to be approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required by the Commonwealth of Virginia Department of State Police in connection with the City's acceptance of this grant. City Clerk CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk September 19, 2003 File #5-60-236 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 36474-091503 amending and reordaining certain sections of the 2003-2004 Grant Fund Appropriations, to provide for appropriation and transfer of funds in connection with acceptance of the Help Eliminate Auto Theft (H.E.A.T.) Grant offer made by the Commonweath of Virginia Department of State Police, in the amount of $6,911.00. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 15, 2003. Sincerely, City Clerk MFP:ew pc: Darlene L. Burcham, City Manager Rolanda B. Russell, Assistant City Manager for Community Development A. L. Gaskins, Chief of Police Barry L. Key, Director, Office of Management and Budget H:~agenda 03~sept 1303 correspondence,wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2003. No. 36474-091503. 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 Public Safety $ 2,921,908 Help Eliminate Auto Theft Grant (1-2) ..................................................... 6,911 Revenues Public Safety $ 2,921,908 Help Eliminate Auto Theft Grant (3) ......................................................... 6,911 1) Maintenance (035-640-3450-2005) $ 1,308 2) Expendable Equipment (035-640-3450-2035) 5,603 3) State Grant Receipts (035-640-3450-3450) 6,911 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. 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 September 15, 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: Help Eliminate Auto Theft Grant Background: The Help Eliminate Auto Theft (H.E.A.T.) Program is a cooperative effort between the Virginia Department of State Police, the Department of Motor Vehicles, and 161 local law enforcement agencies across the Commonwealth of Virginia. Based on population, Virginia has enjoyed a 25.6% decrease in the number of auto thefts since the implementation of the H.E.A.T. Program in 1992. As part of the 2002-2003 H.E.A.T. Program, funds were allocated in the form of grants to financially support the implementation of new auto theft enforcement initiatives by law enforcement agencies. Cognizant that there is a continuing trend of auto thefts occurring in the Roanoke Valley, the Police Department developed a plan to proactively address these thefts. On August 5, 2003, the Commonwealth of Virginia Department of State Police awarded the City of Roanoke $6,911 in grant funds to establish a "Bait Vehicle Program". There is no local cash match requirement. Grant funds will be utilized to purchase the appropriate bait vehicle equipment and software needed to successfully operate one bait vehicle. The goal of this "Bait Vehicle Program" is to aid law enforcement officers and detectives with the reduction of auto thefts in Roanoke Valley. Using the Police Department's crime analysis statistics, the bait vehicle will be utilized in areas where frequent vehicle thefts occur. The information retrieved from the bait vehicle will also provide the Court with comprehensive verifiable case information to aid in the successful prosecution of auto The Honorable Mayor and Members of City Council September 15, 2003 Page 2 theft cases. Once established, this program will serve as a deterrent for future car thieves. Recommended Action: Accept the grant of $6,911 from the Commonwealth of Virginia Department of State Police and authorize the City Manager to execute the grant agreement and any related documents, subject to them being approved as to form by the City Attorney. Appropriate State grant funds of $6,911 with a corresponding revenue estimate in accounts established by the Director of Finance in the Grant Fund. Respectfully submitted, City Manager DLB:fjd C~ Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Rolanda B. Russell, Assistant City Manager A. L. Gaskins, Chief of Police CM03-00175 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk September 19, 2003 File #54-212 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 36476-091503 amending and reordaining Section 21-80, Discharging firearms, Article III, Weapons, Chapter 21, Offenses - Miscellaneous, Code of the City of Roanoke (1979), as amended, to exempt persons authorized by the City to cull antlerless deer from the application of Section 21-80; 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, September 15, 2003. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment Darlene L. Burcham September 19, 2003 Page 2 pc: The Honorable Robert P. Doherty, Chief Judge, Twenty-Third Judicial Circuit of Virginia The Honorable William D. Broadhurst, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Clifford R. Weckstein, 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 The Honorable James R. Swanson, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Julian H. Raney, Jr., Chief Judge, General District Court The Honorable George W. Harris, Jr., Judge, General District Court The Honorable Vincent A. Lilley, Judge, General District Court The Honorable Francis W. Burkart, Ill, Judge, General District Court The Honorable Jacqueline F. Ward Talevi, Judge, General District Court The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph P, Bounds, Judge, Juvenile and Domestic Relations District Court Sheila N. Hartman, Assistant City Clerk, (For transmittal by electronic mail to Municipal Code Corporation) Raymond F. Leven, Public Defender, 210 First Street, S. W., Roanoke, Virginia 24011 Ronald S. Albright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Peggy B. Stewart, Office of the Magistrate Lora A. Wilson, Law Librarian Jesse A. Hall, Director of Finance Rolanda B. Russell, Assistant City Manager for Community Development A. L. Gaskins, Chief of Police H:~agenda 03~sept 13 03 conrespondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of S~ptember, 2003. No. 36476-091503. AN ORDINANCE amending and reordaining Section 21-80, Discharging firearms, Article m, Weapons, of Chapter 21, Offenses - Miscellaneous, of the Code of the City of Roanoke (1979), as amended, to exempt persons authorized by the city to culI antlerless deer from the application of Section 21-80; 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. Section 21-80, Discharging firearms, of Article III, Weapons, of Chapter 21, Offenses - Miscellaneous, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Section 21-80. Discharging firearms. (a) It shall be unlawful for any person to shoot any gun, pistol or any other firearm within the limits of the city, except in case of urgent necessity. This section shall not apply to members of the city police force, persons authorized by the city to cull antlerless deer under the conditions of the Urban Deer Management Program Permit ('DPOP) granted to the city by the Virginia Department of Game and Inland Fisheries, members of the established armed forces and members of bona fide gun clubs, shooting on ranges approved by the city council and established in the city for their use, and persons shooting in licensed shooting galleries. (b) A violation of this section shall constitute a Class 1 misdemeanor. 2. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. City Clerk. 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: wv,~.roanokegov.com September 15, 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: Amendment to City Code Section 21-80 Background: The City continues to address issues relating to its options for the management of its deer population. A temporary solution to managing the City's deer population has been developed. This plan would utilize two (2) retired Roanoke police officers as temporary city employees who, working as a team, will remove antler-less deer through use of a suppressed rifle provided by the City. These officers are avid and long-time hunters. Implementation of this temporary plan is scheduled to begin in October 2003. Section 21-80 of the Code of the City of Roanoke (1979), as amended, states that "it shall be unlawful for any person to shoot any gun, pistol or any other firearm within the limits of the city, except in the case of urgent necessity. This section shall not apply to members of the city police force, members of the established armed forces and members of bona fide gun clubs, shooting on ranges approved by the city council and established in the city for their use, and persons shooting in licensed shooting galleries? While the City Code provides an exception for police officers, the temporary employees will not be "members of the city police force" as they will be hired for the deer program exclusively. There is no provision in 'Section 21-80 that allows for the discharge of a firearm for the purpose of culling antler-less deer population. The proposed amendment to Section 21-80 (attachment) states that "persons authorized by the city to cull antler-less deer under the conditions of the Urban Deer Management Program Permit (DPOPP) granted to the city by the Virginia Department The Honorable Mayor and Members of City Council September 15, 2003 Page 2 of Game and Inland Fisheries" will be allowed to discharge a firearm within the limits of the city. The proposed amendment to Section 21-80 will enable the city to implement its deer management plan. Recommended Action: City Council adopt an ordinance amending Section 21-80 of the City Code pertaining to the discharging of firearms. Res_pectfully submitted, City Manager DLB:fjd C~ Mary F'. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Rolanda B. Russell, Assistant City Manager A. L. Gaskins, Chief of Police CM03-00172 Ms. Darlene Burcham 215 Church Ave. S.W. Room 364, Municipal Building Roanoke, VA 24011 September 15, 2003 Dear Ms. Burcham, As a former member of the Wildlife Task Force, I wish to comn~nd you on moving ahead with a portion of the wildlife task forces recommendations. The task force recommended a two-pronged approach; implement an urban archery and a sharp shooting program. One program without the other will not solve the deer problem Enclosed is an outline for the implementation oftbe second phase of dear control. The urban archery portion, which was recommended by the same task force guidelines, is an important and necessary next step. The City can use this outline to ensure a tightly controlled s'mmtion regarding the selection of qualilied archers. Other cities that already are involved in this years urban archery include; Colonial Heights, Franklin, Lynchburg, Martinsville, and the towns of Alta Vista, Amherst, Blacksburg, Christiansburg, Farmville, Independence, Tazewell, West Point, and in Fairfax County. Sharp shooting alone is costly and will not resolve the problem alone. Implementing the urban archery phase will show citizens that the city is keeping an eye on their purse strings, while proceeding with a necessary and fxee to the taxpayer's portion of the prograr~ Thank you for keeping the former W'fldlife Task Force members informed. Sincerely, 0 ~ Joseph A. Schupp 2323 South Jefferson Street Roanoke, Virginia 24014 540.985.9677 Js4131996(~ gtol.com Attadunent Cc: Paul Truntich, Ralph Smith, Bill Bestpitch, Rupert Cutler, Alfred Dowe, Beverly Fitzpatrick, Linda Wyatt, Nelson Harris, Bill Althoff, Mike Quesenberry, Mark Taylor Roanoke City · All hunters must be st least eighteen (18) years of age to participate. They must also pass an archery proflclancy test every throe (3) years, admlnloterod by Sherwood Archery Club, to be ellglblo for a permit. · Hunters must register for e permit annually with Roanoke City Animal Control Office. They must also comply with any conditions and restrictions Imposed by Roanoke City Anises Control Office as part of the permit. · The Roanoke City Animal Control Office shall have the authority to alter these conditions and restrictions In order to Insure the safety and welfare of the community st ell times. · Hunters must have passed the Virginia Hunter Education course and abide by all appllcabla sections of the Virginia State Code and Virginia Hunting Regulotions (Including bag #mits, license recluiroments, special archery rostrlctlons, and tegglng/checking requlroments). · When hunting, all hunters must have In tbelr possession written permission from the landowner. · No hunting within 100 yards of an occupied dwelling. · Hunting must be conducted from elevated stands of no less than seven (7) feet from the ground. · No parson shall discharge s bow from, over or across any street, sidewalk, alloy, or roadway withlo the city #mits or toward any belldlng or dwelling In such a manner that an arrow may strike It. · All deer will be romoved and donated to Hunters for the Hungry or used by participants. · Archery deer hunting Is allowed during the speclol early archery season, the general firearms and archery deer season, and during the special late archery season (i.e., from the third Saturday In September through the last Saturday In March, both dates Inclusive). · Archery hunters taking deer within this area ars requested to check their deer st a local check station. When checking the deer, hunters should, In the "County of Kill" section of the card, request that the check stetion operator write In the letters Effective July 1, 2004, hunters may also check deer through VDGIF tell.free Telecheck system. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk September 19, 2003 File #2-60-384 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 36477-091503 authorizing execution of an Assignment and Amendment Number One with SEMCO, Incorporated of Virginia, to the Option Agreement with Roanoke Development LLC, for purchase of an approximate 18.437 acre parcel of land known as New Tract F, located at the Roanoke Centre for Industry and Technology, 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, September 15, 2003. Mary F. Parker, CMC City Clerk MFP:ew Attachment H:~agenda 03L~epl 13 03 cc~respondence,wpd Darlene L. Burcham September 19, 2003 Page 2 pc: Rolanda B. Russell, Assistant City Manager for Community Development Jesse A. Hall, Director of Finance Elizabeth Neu, Director, Economic Development H:~agenda 03~ept 13 03 correspondence,wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2003. No. 36477-091503. AN ORDINANCE authorizing the execution of an Assignment and Amendment Number One with SEMCO, Incorporated of Virginia, to the Option Agreement with Roanoke Development, LLC, for the option to purchase an approximate 18.437 acre parcel of land known as New Tract F located at the Roanoke Centre for Industry and Technology ("RCIT"), upon certain terms and conditions; authorizing the City Manager to take such other action and execute such other documents as may be required to implement the sale of such property at RCIT to SEMCO, Incorporated of Virginia; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke, Virginia that: 1. The City Manager and City Clerk are authorized to execute and attest, respectively, upon form approved by the City Attorney, an Assignment and Amendment Number One with SEMCO, Incorporated of Virginia, to the Option Agreement with Roanoke Development, LLC, for the option to purchase an approximate 18.437 acre parcel of land known as New Tract F and located in the RCIT, and as more particularly stated in the City Manager's letter to City Council dated September 15, 2003, with such Assignment and Amendment Number One being substantially similar to the one attached to such letter. 2. The City Manager is also authorized to take such further action and execute such other documents as may be required to implement such Assignment and Amendment Number One to the Option Agreement and, if exercised, the subsequent sale of such Property, and for related matters, as referred to in the above-mentioned letter. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. City Clerk. 2 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 September 15, 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, Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Transfer of Option for Sale of Property of Tract F at RCIT On May 19, 2003 City Council authorized the City Manager to execute an Option Agreement with Roanoke Development LLC for the purchase of New Tract F, designated as Tax Map number 7230105, at the Roanoke Centre for Industry and Technology (RCIT.) Such Option Agreement was executed and is dated June 10, 2003.The proposed developer, Roanoke Development, LLC, had been contacted by SEMCO, Incorporated of Virginia, to design and construct a build- to-suit manufacturing facility for their sole use, which SEMCO would lease from Roanoke Development, LLC. Since that time, SEMCO has decided to own and construct the building itself rather than use a development corporation, and now desires that the Option Agreement be assigned to it so that it may purchase the property from the City. The Option Agreement provides that it may be assigned upon the written consent of the City and Roanoke Development, LLC. Roanoke Development, LLC, has agreed to such assignment (see attachment #1). Recommended Action: Authorize the City Manager to execute an Assignment and Amendment Number One to the Option Agreement for the sale of New Tract F at RClT, substantially similar to the one attached to this letter, and to take such further action and execute such other documents as may be required to implement the sale of such HonorabJe Mayor and Members of Council September 15, 2003 Page 2 property at RCIT; such documents to be approved as to form by the City Attorney. Such transfer will keep the same basic terms and conditions related to project scope, investment, and commitments made in the original Option and the separate letter of understanding supplied by SEMCO, Incorporated, pertaining to the project. However, it will release Roanoke Development, LLC, from any further obligations since SEMCO, Incorporated, will be assuming all such obligations. DLB:ean C: City Manager Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Elizabeth Neu, Director of Economic Development CM03-00185 ROANOKE DEVELOPMENT LLC Elizabeth Neu, Director of Economic Development City of Roanoke, Department of Economic Development 111 Franklin Plaza, Suite 200 Roanoke, VA 240 ! 1 Option Agreement dated June 10, 2003 between the City of Roanoke, Virginia (Owner") and Roanoke Development, LLC ("Optionee') (the "Option Agreement") Dear Ms. Neu: This is to advise the City of Roanoke that Roanoke Development, LLC, as the Optionee under the subject Option Agreement desires that its rights in and obligations under the Option Agreement be assigned to SEMCO Incorporated, a Missouri corporation. Sincerely youm, ROANOKE DEVELOPMENT LLC Il& By: J, Ryan Lingerfelt, Sole Member Cc: Bill Gieg Bob Brown ASSIGNMENT AND AMENDMENT NUMBER ONE TO OPTION AGREEMENT BETWEEN CITY OF ROANOKE AND ROANOKE DEVELOPMENT, LLC THIS ASSIGNMENT AND AMENDMENT NUMBER ONE ("Assignment Agreement") is made and entered into this day of September, 2003, by and between the CITY OF ROANOKE, VIRGINIA, a municipal corporation organized under the laws of the Commonwealth of Virginia, ("City"), ROANOKE DEVELOPMENT, LLC, a Virginia limited liability company ("Assignor"), and SEMCO, INCORPORATED, a Missouri corporation licensed to do business in the Commonwealth of Virginia as SEMCO Incorporated of Virginia ("Assignee"), WITNESSETH: WHEREAS, City and Assignor entered into an Option Agreement ("Option Agreement") dated June l 0, 2003, whereby Assignor was granted the option to purchase a parcel of land owned by City and containing approximately 18.437 acres, located at the Roanoke Centre for Industry and Technology and designated as New Tract F ("Properly"), for purposes of constructing a manufacturing facility thereon ("Facility"); and WHEREAS, Assignor originally intended to purchase the Property and subsequently lease the same to Assignee; and WHEREAS, Assignee now desires to have the Option Agreement assigned to assignee so that Assignee may purchase the Property directly from City; and WHEREAS, the Option Agreement provides that Assignor may assign the Option Agreement upon the written consent of the City and the Assignor; and WHEREAS, the parties desire to amend the Option Agreement in certain respects and to provide for the assignment of Assignor's rights and duties thereunder from Assignor to Assignee, all as provided in this Assignment Agreement. NOW, THEREFORE, in consideration of the foregoing promises and the mutual benefits to be derived hereunder the parties agree as follows: 1. Assignor hereby assigns to Assignee, all of Assignor's right, title and interest in, to and under the Option Agreement. Assignee hereby assumes all duties and obligations of Assignor in full as provided for under the terms of the Option Agreement. The City hereby consents to such assignment and assumption, and the parties hereby agree that upon the execution and delivery of this Assignment Agreement, Assignor shall have no further right, title or interest in and no further obligations, liabilities or duties under the terms of the Option Agreement. The parties acknowledge and agree that this Assignment Agreement is further subject to the following: (a) Assignee acknowledges and agrees that it will undertake the same responsibilities, obligations and duties as it would have under the terms of the lease agreement referenced to in the Option Agreement, which includes, but is not limited to the obligations that Assignee will construct the Facility and invest no less than four million dollars into the Facility including installation of manufacturing equipment, and operate the same for a minimum of ten years, but will have no obligation to lease the Facility to itself. (b) Assignee further acknowledges and agrees that a part of the consideration for City agreeing to the assignment of the Option Agreement is that Assignee will comply with the terms and conditions set forth in the letter dated May 27, 2003, from Assignee, signed by its President, to Darlene L. Burcham of the City, a copy of which is attached to this Assignment Agreement as Attachment 1. (c) Assignees expressly acknowledges and agrees that it will construct the Facility in accordance with the terms specified in the Option Agreement and that there will be no reduction in the size of Facility. (d) The term of the Option Agreement shall not be extended any further from one hundred twenty days from the date of execution of the Option Agreement, except as provided by and under the terms contained in the Option Agreement. 2. It is the intent of the parties that Assignor be relieved of all of its duties, rights and obligations under the terms of the Option Agreement upon execution of this Assignment Agreement. Therefore, upon proper execution of this Assignment Agreement, Assignor will have no further obligations or responsibilities to City or Assignee under the terms of the Option Agreement. 3. This Assignment Agreement and Amendment Number One amends and is made a part of the Option Agreement. As amended hereby, the Option Agreement is ratified and confirmed and deemed to be in full force and effect. 4. This Assignment and Amendment Number One may be executed in counterparts, all of which shall constitute one instrument. IN WITNESS WHEREOF, the parties have executed this Assignment Agreement and Amendment Number One as of the day and year hereinabove written. ATTEST: Mary F. Parker, City Clerk Attest: Title Attest: Title Approved as to Form: 4 CITY OF ROANOKE By_ Darlene L. Burcham, City Manager ROANOKE DEVELOPMENT, LLC, a limited liability company Bg Name Title SEMCO, INCORPORATED, a Missouri corporation licensed to do business in the Commonwealth of Virginia as SEMCO Incorporated of Virginia By Name Title Approved as to Execution: Assistant City Attorney Assistant City Attorney Appropriation and Funds Required for this Contract Certified Director of Finance Date Acct: # 5 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk September 19, 2003 File #5-18 Dadene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 36478-091503 amending Ordinance No. 36312- 051203, to include a provision relating to an increase in the base salary of persons qualified and appointed by the Sheriff as Master Deputy Sheriffs. The abovereferenced Ordinance No. 36478-091503 was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 15, 2003. Mary F. Parker, CMC City Clerk MFP:ew Attachment H:',agenda 03~sept 13 03 correspondence.wpd Darlene L. Burcham September 19, 2003 Page 2 pc: The Honorable George M. McMillan, Sheriff Jesse A. Hall, Director of Finance, Kenneth S. Cronin, Director, Human Resources Barry L. Key, Director, Office of Management and Budget H:~genda 03~sep[ 13 03 correspondence,wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 2003. No. 36478-091503. AN ORDINANCE amending Ordinance No. 36312-051203, adopted May 12, 2003, adopting and establishing, among other things, a Pay Plan for officers and employees of the City effective July 1, 2003, by the addition of a new Paragraph 15, and the renumbering of subsequent paragraphs in the ordinance, in order to include a provision relating to an increase in the base salary of persons qualified and appointed by the Sheriff as Master Deputy Sheriffs; and dispensing with the second reading by title paragraph of this ordinance. WHEREAS, Ordinance No. 36312-051203, generally referred to as the Pay Plan Ordinance, is adopted annually by City Council, and it is desirable that the provision for the Master Deputy Sheriff salary increments be added to the Pay Plan Ordinance, as recommended in the City Manager's letter dated September 15, 2003; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Ordinance No. 36312-051203, adopted May 12, 2003, is hereby amended by the addition of a new Paragraph 15, and the renumbering of subsequent paragraphs in the ordinance, which new Paragraph 15 shall read and provide as follows: 15. Each employee of the Sheriff's Office who meets the qualifications for Master Deputy Sheriff and who has been appointed by the Sheriff shall receive a five percent increase in base annual salary. This increase is capped at no more than five percent (5%) above the pay range maximum for a Deputy Sheriff. Any Master Deputy Sheriff who fails to meet the required qualifications and is removed from such appointment by the Sheriff shall have the base annual salary reduced by five percent. 2. All other provisions of Ordinance No. 36312-051203, adopted on May 12, 2003, including the renumbered paragraphs, shall remain in full force and effect. 3. Pursuant to §12 of the Roanoke City Charter, the second reading by title paragraph of this ordinance is hereby dispensed with. City Clerk. H:\MEASURES\o-amendpayplanordinance.l.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 September 15, 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: Amendment to the Pay Plan Ordinance to include Master Deputy Sheriff Background: '1'he Master Deputy Sheriff program is a career enhancement program offered to sheriff offices by the State Compensation Board beginning in 1995. The sheriff at that time took advantage of this opportunity through an agreement with the City Manager. This program continues today but is not reflected in the pay plan ordinance along with similar career development programs. Recommended Action: Approve amendment to the Pay Plan ordinance to include the Master Deputy Sheriff program which provides five percent increase to the base salary up to but not exceeding five percent above the pay range maximum of deputy sheriffs who are appointed by the Sheriff under the guidelines set forth by the Virginia State Compensation Board. City Manager DLB:bka C~ Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. HalF, Director of Finance Kenneth S. Cronin, Director of Human Resources CM03-00192 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk September 19, 2003 File #5-60 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. 36480-091503 authorizing acceptance of the Local Law Enforcement Block Grant offer made by the Bureau of Justice Assistance, in the amount of $102,351.00 and authorizing execution of any required documentation on behalf of the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 15, 2003. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment pc: Jesse A. Hall, Director of Finance Rolanda B. Russell, Assistant City Manager for Community Development A. L. Gaskins, Chief of Police Barry L. Key, Director, Office of Management and Budget IN THE COLrNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2003. No. 36480-091503. A RESOLUTION authorizing the acceptance of the Local Law Enforcement Block Grant offer made by the Bureau of Justice Assistance and authorizing the execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the offer made to the City by the Bureau of Justice Assistance of the Local Law Enforcement Block Grant in the amount of $102,351, such grant being more particularly described in the letter of the City Manager, dated September 15, 2003, upon all the terms, provisions and conditions relating to the receipt of such funds. 2. The City Manager and the City Clerk, are hereby authorized to execute, seal and attest, respectively, the grant agreement and all necessary documents required to accept this grant, all such documents to be approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required by the Bureau of Justice Assistance in connection with the City's acceptance to this grant. ATTEST: City Clerk CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk September 19, 2003 File #5-60-236 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 36479-091503 amending and reordaining certain sections of the 2003-2004 Grant Fund Appropriations, to provide for appropriation of $115,223.00, in connection with acceptance of a Local Law Enforcement Block Grant, and execution of an agreement with the Bureau of Justice Assistance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 15, 2003. Mary F. Parker, CMC City Clerk MFP:ew Attachment H;~ger~da 03',sept 13 03 correspondence.wpd Jesse A. Hall September 19, 2003 Page 2 pc~ Darlene L. Burcham, City Manager Rolanda B. Russell, Assistant City Manager for Community Development A. L. Gaskins, Chief of Police Barry L. Key, Director, Office of Management and Budget H:'~genda 03~sept 13 03 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2003. No. 36479-091503. 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 Public Safety $ 3,037,131 Local Law Enforcement Block Grant 03-05 (1-4) ..................................... 115,223 Revenues Public Safety $ 3,037,131 Local Law Enforcement Block Grant 03-05 (5-7) ..................................... 115,223 1) Overtime 2) FICA 3) Expendable Equipment <$5,000 4) Training and Development 5) Federal Grant Receipts 6) Local Match 7) Interest 035-640-3550-1003) 035-640-3550-1120) 035-640-3550-2035) 035-640-3550-2044) 035-640-3550-3550) 035-640-3550-3551) 035-640-3550-3552) $ 94,517 7,231 9,448 4,027 102,351 11,372 1,500 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. 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 September 15, 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: Local Law Enforcement Block Grant 2003 - 2005 Background: Congress has appropriated funds for continuation of the Local Law Enforcement Block Grant (LLEBG) for the period of October 1, 2003 through September 30, 2005. The grant will be administered by the Bureau of Justice Assistance and the U.S. Department of Justice. The purpose of the LLEBG program is to provide funds to units of local government to underwrite projects designed to reduce crime and improve public safety. Roanoke has been awarded LLEBG grant funds of $102,351. Grant conditions require a local match amount of $11,372 for a program total of $113,723. This award renews Roanoke's LLEBG grant program for the eighth consecutive year. These grant funds must be used for: (1) payment of overtime to presently employed law enforcement officers for the purpose of increasing the number of hours worked by such personnel and (2) procuring equipment, training and other materials directly related to basic law enforcement functions. Police bicycle patrol, directed at specific/problem areas or neighborhoods will be continued through this program. The deadline for acceptance of this grant is September 29, 2003. Grant funds become available only after a public hearing and an LLEBG program advisory committee meeting have been conducted by the Police Department. The public hearing and LLEBG advisory committee meeting must be conducted prior to November 13, 2003. The Honorable Mayor and Members of City Council September 15, 2003 Page 2 Considerations: The LLEBG Program requires that all grant funds ($102,351) be placed in an interest bearing account. Based on interest earned during the past year of LLEBG funding, interest earnings of $1,500 are anticipated for this grant. The local cash match of $11,372 is available in the Police Department's State Asset Forfeiture account. Recommendation: Accept the Local Law Enforcement Block Grant (LLEBG) of $102,351 from the Bureau of Justice Assistance with the Police Department providing $11,372 as a local cash match from State Asset Forfeiture account number 035-640-3302-2149, and $1,500 in anticipated interest earnings. Authorize the City Manager to execute the grant agreement and any related documents, subject to them being approved as to form by the City Attorney. Appropriate funding of $115,223 per the following and establish corresponding revenue estimates in accounts established by the Director of Finance in the Grant Fund: Appropriation: Overtime $ 94,517 FICA 7,231 Expendable equipment 9,448 Training and Development 4,027 Total $115,223 Respectfully submitted, City Manager DLB:fjd C~ Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Rolanda B. Russell, Assistant City Manager A. L. Gaskins, Chief of Police CM03-0177 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk September 19, 2003 File #5-60 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. 36482-091503 authorizing acceptance of a grant from the United States Department of Health and Human Services for the Sanctuary Outreach Program, in the amount of $126,675.00. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 15, 2003. Mary F. Parker, CMC City Clerk MFP:ew Attachment Darlene L. Burcham September 19, 2003 Page 2 pc: Jesse A. Hall, Director of Finance Rolanda B. Russell, Assistant City Manager for Community Development Vickie L. Price, Acting Director of Human/Social Services Letitia E. Malone, Juvenile Justice Administrator Barry L. Key, Director, Office of Management and Budget 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 2003. No. 36482-091503. A RESOLUTION authorizing the acceptance of a grant from the United States Department of Health and Human Services to be used for salary and fringe benefits of counselors and related activities in the Outreach Program; and authorizing the execution of the necessary documents. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the United States Department of Health and Human Services' Runaway and Homeless Youth Program. Grant (No. 03CY0433/02), in the amount of $126,675.00 to be used for salary and fringe benefits of counselors and related activities in the Outreach Program, and as more particularly set forth in the September 15, 2003, letter of the City Manager to this Council. 2. The 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. City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk September 19, 2003 File #22-60-236-304 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 36481-091503 amending and reordaining certain sections of the 2003-2004 Grant Fund Appropriations, to provide for appropriation of $126,675.00, in connection with a grant from the United States Department of Health and Human Services for the Sanctuary Outreach Program. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 15, 2003. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment H:~genda 03*~sept 13 03 coffespondence.wpd Jesse A. Hall September 19, 2003 Page 2 pc~ Darlene L. Burcham, City Manager Rolanda B. Russell, Assistant City Manager for Community Development Barry L. Key, Director, Office of Management and Budget Vickie L. Price, Acting Director of Human/Social Services Letitia E. Malone, Juvenile Justice Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2003. No. 36481-091503. 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 Health and Welfare $ 5,981,149 Runaway/Homeless Grant (9~02 to 9/05) (1-16) ...................................... 253,350 Revenues Health and Welfare $ 5,981,149 Runaway/Homeless Grant (9~02 to 8/05) (17) ......................................... 253,350 1) Regular Employee Salaries 2) Temporary Employee Wages 3) City Retirement 4) ICMA Match 5) FICA 6) Medical Insurance 7) Dental Insurance 8) Life Insurance 9) Disability Insurance 10) Fees for Professional Services 11) Telephone-Cellular 12) Administrative Supplies 13) Dues and Memberships (035-630-5138-1002) (035,-630-5138-1004) (035-630-5138-1105) (035-630-5138-1116) (035.-630-5138-1120) (035-630-5138-1125) (035-630-5138-1126) (035-630-5138-1130) (035-630-5138-1131 ) (035-630-5138-2010) (035-630-5138-2021 ) (035-630-5138-2030) (035-630-5138-2042) $ 57,024 5,721 5,249 1,300 4,900 5,496 404 571 163 1,125 1,200 4,850 7OO 14) Training and Development 15) Local Mileage 16) Program Activities 17) Runaway/Homeless 9~02 to 8~05 (035-630-5138-2044) (035~630-5138-2046) (035-630-5138-2066) 035-630-5138-5138) $ 6,575 2,340 29,057 126,675 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 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 September 15, 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, Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of Council Subject: Acceptance of United States Department of Health and Human Services funds for the Runaway and Homeless Youth Act Program, Sanctuary Outreach Background: The City of Roanoke has been selected as a grantee for the second year of a three-year funding cycle for Runaway and Homeless Youth (RHY) program under the provisions of the Runaway and Homeless Youth Act. The amount of the grant is $126,675 annually. These funds are used to cover the salaries and fringes of a Youth Counselor III, a Youth Counselor II, a relief counselor and related program activities in the Sanctuary Outreach program. The required local match is offered as in-kind services. The U.S. Department of Health and Human Services awards grants for services in three-year cycles. The project period for this grant began September 30, 2002 and will end on September 29, 2005. The focus of this program is to alleviate the problems of runaway and homeless youth and their families, strengthen family relationships and encourage stable living conditions. Through this intervention program, Sanctuary Outreach staff offer runaway and homeless youth and their families a combination of shelter- Honorable Mayor and Members of City Council September 15, 2003 Page 2 based and home-based supportive services that will decrease the incidence of repeat runaway episodes. Program services include: 24 hour intake and referral access; temporary shelter; individual, group and family counseling; community service linkages; aftercare services; case disposition and recreation opportunities. Recommended Action(s): Accept the grant of $126,675.00 in 2003--2004 funding from the U.S. Department of Health and Human Services (Grant #03CYO433/02) for Sanctuary's RHY Outreach program. Authorize the City Manager to execute the grant agreement and any related documents required by the Department of Health and Human Services, subject to them being approved as to form by the City Attorney. Appropriate funding of $126,675.00 per Attachment A and increase the corresponding revenue estimate in accounts established by the Director of Finance in the Grant fund. Respectfully submitted, Dcity Manage'l~ ~' 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/Social Services Letitia E. Malone, Juvenile Justice Administrator Rolanda B. Russell, Assistant City Manager for Community Development #CM03-00178 Attachment A U.S. Department of Health and Human Services RHY 2003--2004 Account Set-up Transactions Account No. Description Amount Revenue--2003/2004 RHY grant $126,675.00 Total revenue $126,675.00 Expenditures: 035-630-5138-1002 Regular Salaries $ 57,024.00 035-630-5138-1004 Temporary Employees $ 5,721.00 035-630-5138-1105 ICMA $ 5,249.00 035-630-5138-1116 ICMA Match $ 1,300.00 035-630-5138-1120 FICA $ 4,900.00 035-630-5138-1125 Health $ 5,496.00 035-630-5138-1126 Dental $ 404.00 035-630-5138-1130 Life $ 571.00 035-630-5138-1131 Long term disability $ 163.00 035-630-5138-2010 Fees for professional services $ 1,125.00 035-630-5138-2021 Telephone Cellular $ 1,200.00 035-630-5138-2030 Administrative Supplies $ 4,850.00 035-630-5138-2042 Dues and memberships $ 700.00 035-630-5138-2044 Training and Development $ 6,575.00 035-630-5138-2046 Local Mileage $ 2,340.00 035-630-5138-2066 Program Activities $ 29,057.00 Total expenditures $126,675.00 CIT.Y.. OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk September 19, 2003 File #60-183 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. 36484-091503 authorizing acceptance of a Base 2003 Office of Domestic Preparedness Equipment Program Grant made to the City by the Virginia Department of Emergency Management, for the purpose of purchasing equipment to enhance the City's ability to respond to terrorist acts involving weapons of mass destruction, and authorizing execution of any required documentation on behalf of the City, in the amount of $79,657.00. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 15, 2003. Sincerely,~ ,~' i~,~.~" Mary F. Pa~rker, CMC City Clerk MFP:ew Attachment Darlene L. Burcham September 19, 2003 Page 2 pc; Jesse A. Hall, Director of Finance Rolanda B. Russell, Assistant City Manager for Community Development Paul Truntich, Administrator, Environmental and Emergency Management Barry L. Key, Director, Office of Management and Budget H:~genda 03~sept 13 03 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2003. No. 36484-091503. A RESOLUTION accepting a Base 2003 Office of Domestic Preparedness Equipment Program Grant made to the City by the Virginia Department of Emergency Management for the purpose of purchasing equipment to enhance the City's ability to respond to terrorist acts involving weapons of mass destruction, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the Base 2003 Office of Domestic Preparedness Equipment Grant made by the City by the Virginia Department of Emergency Management, in the amount of $79,657, such grant being more particularly described in the City Manager's letter dated September 15, 2003, upon all the terms, provisions and conditions relating to the receipt of such funds. 2. The City Manager and the City Clerk are hereby authorized to execute, seal and attest, respectively, all necessary documents required to accept this grant; all such documents to be approved as to form by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required by the Virginia Department of Emergency Management in connection with the City's acceptance of this grant. ATTEST: City Clerk. H :bM EAS UR1ES~r-gran tvdmterroris tacts .doc CITY OF R O_..ANOKE Office of the C~ty Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk September 19, 2003 File #22-60-236-304 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 36463-091503 amending and reordaining certain sections of the 2003-2004 Grant Fund Appropriations, to provide for appropriation of $79,657.00, in connection with a Base 2003 Office of Domestic Preparedness Equipment Program Grant made to the City by the Virginia Department of Emergency Management. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 15, 2003. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment H:~agenda 03',,sept 13 03 correspondence.wpd Jesse A. Hall September 19 2003 Page 2 pc: Darlene L. Burcham, City Manager Rolanda B. Russell, Assistant City Manager for Community Development Barry L. Key, Director, Office of Management and Budget Paul Truntich, Administrator, Environmental and Emergency Management H:~genda 03~ept 13 03 correspondenCe,wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2003. No. 36483-091503. 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 Public Safety $ 2,994,654 Equipment Program Grant (1-2) .............................................................. 79,657 Revenues Public Safety $ 2,994,654 Equipment Program Grant (3) ................................................................. 79,657 1) Expendable Equipment (<$5,000) 2) Project Supplies 3) State Grant Receipts (035-660-9644-2035) (035-660-9640-3005) (035-660-9640-3419) $ 50,000 29,657 79,657 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. 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 September 15, 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: Equipment Program Grant Background: The Virginia Department of Emergency Management has announced the allocation of the Base 2003 Office of Domestic Preparedness Equipment Program Grant. This grant is designed to allow local governments in Virginia to purchase equipment which will enhance their ability to respond to terrorist acts involving weapons of mass destruction. The City of Roanoke has been allocated a total of $79,657 under this grant. This amount is based upon a formula that provided $20,000 plus 62.7 cents per capita to our locality. Funding will be made available upon review of the equipment budget detail listing and approval by the Virginia Department of Emergency Management and the Office of Domestic Preparedness. Considerations: This funding, which requires no local match, must be used according to the requirements specified by the Office of Domestic Preparedness. The 2003 grant allows the purchase of equipment from 12 commodity areas, including personal protective equipment, detection and monitoring equipment, decontamination equipment, and communications. Recommended Action: Authorize the City Manager and the City Clerk to execute and attest, respectively, on behalf of the City of Roanoke, any documentation required in connection with obtaining and accepting the above allocation in the amount indicated and to furnish such additional information and take such additional action as may be needed to implement and administer such funds and agreements, such documents to be approved as to form by the City Attorney. Appropriate funding of $79,657 to accounts in the Grant Fund to be established by the Director of Finance. Establish a revenue estimate of the same. Darlene L. Burcham City Manager DLB:pjt:de C; Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Rolanda B. Russell, Assistant City Manager for Community Development Paul Truntich, Administrator, Environmental and Emergency Management CM03-00193 JESSE A. HALL Director of Finance CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Room 461 P.O. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-6142 ANN H. SHAWVER Deputy Director September 15, 2003 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: SUBJECT: July Financial Report This financial report covers the first month of the 2003-2004 fiscal year. The following narrative discusses revenues and expenditures. REVENUES The first couple of months in the fiscal year are difficult to compare to the prior year. Due to period of availability changes made during the implementation of GASB 34, certain revenues related to the prior year but received in July and August of 2003 were accrued and included in the June Financial Report. Reversal of these accruals without adequate offsetting collections in the current year cause certain revenue balances to be negative at July 31st. Additionally, many of the large taxes, such as real estate and personal property, are not due until later in the fiscal year. When coupled with the reality that most other taxes are received at least one month in arrears, July activity is relatively low in volume. One notable item relating to revenue was the performance of the sales tax. The August collection for the month of June was $1,407,679 and increased by 3.18% from the FY 2003 collection for the same month. There are a couple of changes to the revenue structure for the 2003-2004 fiscal year. Admission taxes for City owned facilities increases from 6.5% to 9.0% while this tax decreases to 5.5% for events at facilities not owned by the City. With this change, 0.5% of the non-City rate will be dedicated to cultural service agencies. A short-term rental tax of 1% becomes effective October 1st and is projected to add revenues of $104,000 in FY 2004. The E-911 tax rate increases from $1.45 to $2.00 per line effective September 1st, and is projected to add revenues of $385,000 in FY 2004. None of these changes has an impact on July revenues. Two revenue streams experiencing a negative impact are interest income and grants-in-aid from the Commonwealth. Historically low interest rates continue to contribute to decreases in interest income, and no significant increases are Honorable Mayor and Members of Council September 15, 2003 Page 2 foreseen at this time. Program cuts implemented by the Commonwealth of Virginia to balance its FY 2004 budget will likely result in the City receiving no revenue growth in state funding compared to the prior year. EXPENDITURES AND ENCUMBRANCES Similar to revenues, it is difficult to analyze expenditure trend information over short time periods. Expenditure comparison will have more meaning after obtaining a couple of months of data. A couple of key changes will impact the obligations of the City in the 2003-2004 fiscal year. First, the City granted an average raise of 2.25% to its active employees effective July 1, 2003. Secondly, the City's purchasing division has taken an aggressive approach in encumbering, via purchase order, many fixed costs departments incur throughout the year such as rent and fixed contracts. This has resulted in higher obligations in the current fiscal year compared to the prior fiscal year, but it represents a more realistic assessment of departmental obligations. I would be pleased to answer questions City Council may have regarding the monthly financial statements. JAH/jrw Attachments A,/4/1 7j Direc~cor' of l~ihan~ CITY OF ROANOKE, VIRGINIA SUMMARY OF CITY MANAGER TRANSFERS AND AVAILABLE CONTINGENCY JULY 31, 2003 Balance of Contingency at July 1,2003 Contingency Transfers/Appropriations Available Contingency at July 31,2003 $ 660,710 $ 660,710 Note: There were no interdepartmental City Manager Transfers through July 31,2003. CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF REVENUE Revenue Source General Property Taxes Other Local Taxes Permits, Fees and Licenses Fines and Forfeitures Revenue fi*om Use of Money and Property Grants-in-Aid Commonwes~th Grants-in-Aid FederaJ Govemment Charges for Services Miscellaneous Revenue Internal Services Total Year to Date for the Period Current Fiscal Year Percent of Revised Revenue July I o July 31 July I - July 31 Percentage Revenue Estimate 2002-2003 2003-2004 of Change Estimates Received $ (327,103) $ (115,947) -64.55 % $ 83,500,217 -0.14% (850,879) (1,507,192) 77.13 % 60,866,657 -2.48% 71,897 89,766 24.85 % 907,302 9.89% 127,060 100,764 -20.70 % 1,296,130 7.77% 67,132 58,535 -12.81% 1,093,091 5.36% (1,098,362) (1,405,517) 27.96 % 45,711,128 -3.07% #DIV/0! % 34,300 0.00% 261,410 693,355 165.24 % 8,472,862 8.18% 23,646 44,357 87.59 % 416,874 10.64% 22~742 (39~020) -271.58 % 2,529,153 -1.54% $ (1,702,457) $ (2,080,808) 22.23 % $ 204,827,714 -1.02% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Expenditures General Government Judicial Administration Public Safety Public Works Health and Welfare Parks, Recreation and Cultural 622,968 Community Development 700,586 Transfer to Debt Service Fund 5,827,993 Transfer to School Fund 3,893,062 Nondepartmental 384,229 Total $ 24~539r097 Year to Date for the Period Current Fiscal Year Percent of July I - July 31 July 1 - July 31 Percentage Unencumbered Revised Budget 2002-2003 2003-2004 of Change Balance Appropriations Obllgafed $ 1,241,710 $ 1,296,869 4.44 % $ 10,570,053 $ 11,866,922 10.93% 595,811 526,172 -11.69 % 6,569,608 6,569,608 8.01% 4,904,143 5,791,506 18.09 % 44,219,973 50,011,479 11.58% 4,673,929 4,908,988 5.03 % 19,974,081 24,883,069 19.73% 1,694,666 3,282,048 93.67 % 25,236,771 28,518,819 11.51% 683,290 9.68 % 4,789,537 5,472,827 12.49% 930,128 32.76 % 4,803,236 5,733,364 16.22% 5,839,424 0.20 % 9,503,408 15,342,832 38.06% 4,074,121 4.65 % 44,815,326 48,889,446 8.33% 752~588 95.87 % 8,884~767 9,637~355 7.81% $ 28~0851135 14.45 % $ 179~366;758 $ 206;925~721 13.57% Notes: Certain rsclaesiflcations have been made to prior year financial statements to conform to current year presentation. The reversal of year end accruals, with no offse~ng activity in the current year, caused certain revenues to be negative as of July 31. CITY OF ROANOKE, VIRGINIA SCHOOL FUND STATEMENT OF REVENUE Year to Date for the Period July 1 - July 31 July I - July 31 Revenue Source 2002-2003 2003-2004 State Sales Tax $ (750,000) $ (725,000) Grants-in-Aid Commonwealth 2,966,521 3,072,539 Grants-in-Aid Federal Government 3,476 2,394 Charges for Sen~ices 77,266 (68,631) Transfer from General Fund 3,893,062 4,074,121 Special Purpose Grants (747,505) (1,319,375) Total $ 5,442,820 $ 5,036,048 Current Fiscal Year of Change Percent of Revised Revenue Revenue Estimate Estimates Received -3.33 % $ 9,162,397 -7.91 % 3.57% 44,486,858 6.91 % -31.13 % 119,048 2.01 % -188.82 % 2,204,608 -3.11 % 4.65% 48,889,446 8.33 % 76.50% 2,422,411 NA -7.47 % $ 107,284,766 4.69 % SCHOOL FUND STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period Current Fiscal Year July 1 - July 31 Exl~enditures 2002-2003 Instruction $ 2,635,921 General Support 13,474 Transportation 141,024 Operation and Maintenance of Plant 1,078,732 Facilities 951,637 Other Uses of Funds 2,646,437 Special Purpose Grants 1,572,795 Total $ 9,040,020 Percent of July I. July 31 Pementage Unencumbered Revised Budget 2003.2004 of Change Balance Appropriations Obligated $ 2,554,277 -3.10 % $ 78,226,544 $ 80,780,821 3.16 % 321,129 2,283.32 % 3,637,144 4,158,273 7.72 % 103,981 -26.27 % 4,179,188 4,283,169 2.43 % 732,457 -32.10% 10,203,344 10,935,801 6.70 % 1,689,571 77.54% 373,135 2,062,705 81.91 % 2,571,736 -2.82 % 2,689,945 5,261,681 48.88 % 2,422,411 64.02% 2,422,411 NA $ 10,395,562 14.99 % $ 99,809,300 $ 109,904,862 9.46 % Note: There are revenue sources that have a negative balance due to the reversal of year-end accruals with no offsetting activity in the current year. Also, certain reclassifications have been made to prior year financial statements to conform to current year presentation. CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF JULY 31, 2003 General Government Flood Reduction Economic Development Community Development Public Safety Recreation Streets and Bridges Storm Drains Traffic Engineering Capital Improvement Reserve Total Expenditures Unexpended Outstanding Unobligated Budget To Date Balance Encumbrances Balance 9,808,896 $ 7,999,260 $ 1,809,636 $ 968,927 $ 840,709 18,649,620 7,985,899 10,663,721 439,646 10,224,075 25,157,688 19,333,562 5,824,126 194,377 5,629,749 6,559,902 5,762,843 797,059 362,707 434,352 8,566,524 6,961,699 1,604,825 637,128 967,697 25,882,638 5,921,152 19,961,486 2,685,038 17,276,448 27,383,917 18,384,228 8,999,689 1,321,277 7,678,412 3,855,622 2,935,442 920,180 350,651 569,529 5,925,821 4,361,372 1,564,449 45,093 1,519,356 780,411 780,411 780,411 $ 132,571,039 $ 79,645,457 $ 52,925,582 $ 7,004,844 $ 45,920,738 CITY OF ROANOKE, VIRGINIA SCHOOL CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF JULY 31, 2003 Bud~let Elementary Schools Renovation $ 20,389,174 Middle Schools Renovation 981,365 High Schools Renovation 2,027,679 Transportation Facility Renovation 1,000,000 Interest Expense 262,929 Capital Improvement Reserve* (743,7291 Expenditures Unexpended Outstanding Unobligated To Date Balance Encumbrances Balance 6,839,436 $ 13,549,738 $ 11,619,371 $ 1,930,367 962,733 18,632 18,632 278,254 1,749,425 250,000 1,499,425 154,925 845,075 845,075 209,283 53,646 53,646 (743,729) _ (743,729) Total $ 23,917,418 $ 8,444,631 $ 15,472,787 $ 12,714,446 $ 2,758,341 * On Monday, June 16, 2003, Budget Ordinance 36404 was adopted by City Council appropriating $1,100,000 in Series 2005 Bond funding in advance of issuance to the Patrick Henry High School project. CITY OF ROANOKE, VIRGINIA WATER FUND COMPARATIVE INCOME STATEMENT FOR THE MONTH ENDING JULY 31, 2003 Operating Revenues Commercial Sales Domestic Sales Industrial Sales County of Bedford Customer Services Charges for Services Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Loss Nonoperating Revenues (Expenses) Interest on Investments Rent Main Extension Agreements Miscellaneous Revenue (Expense) Interest and Fiscal Charges Net Nonoperating Revenues (Expenses) Net Loss FY 2004 $ 201,343 (206,434) 30,051 56,660 79,620 465,616 178,108 149,157 792,881 (713,261) 5,687 12,625 104,490 6,856 (94,070) 35,588 $ (677,673) FY 2003 $ 175,348 (159,092) 18,061 (5,813) 29,532 194,218 252,254 452,580 (53,323) 154,857 554,114 (301,860) 14,332 13,000 5,962 (79,829) (46,535) $ (348,395) Note: Reversal of year end accruals with no offsetting activity in the current year caused certain Revenues and Operating Expenditures to be negative. 5 CITY OF ROANOKE, VIRGINIA WATER POLLUTION CONTROL FUND COMPARATIVE INCOME STATEMENT FOR THE MONTH ENDING JULY 31, 2003 Operating RevenUes Sewage Charges - City Customer Services Inter[und Services Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Loss Nonoperating Revenues (Expenses) Interest on Investments Miscellaneous Revenue Capital Contributions - Other Jurisdictions Interest and Fiscal Charges Net Nonoperating Expenses Net Loss FY 2004 $ 7,724 99,315 107,039 248,872 219,714 153,395 621,981 (514,942) 6,080 8,765 (60,607) (45,762). $ (560,704) FY 2003 $ 1,182 100,579 8,062 109,823 223,163 257,344 155,107 635,614 (525,791) 15,657 296 (61,981) (46,O28) $ (571,819) Note: Reversal of year end accruals with no offsetting activity in the current year caused certain Revenues and Operating Expenditures to be negative. 6 CITY OF ROANOKE, VIRGINIA CIVIC FACILITIES FUND COMPARATIVE INCOME STATEMENT FOR THE MONTH ENDING JULY 31, 2003 Operating Revenues Rentals Event Expenses Admissions Tax Electrical Fees Facility Surcharge Charge Card Fees Commissions Catering/Concessions Other Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Loss Nonoperating Revenues Interest on Investments Miscellaneous Total Nonoperating Revenues FY2004 (444) (98) (542) 204,786 120,068 43,969 368,824 (369,366) 2,944 240 3,184 Net Loss $ (366,183) FY 2003 $ 39,418 17,605 2,581 1,260 3,236 1,080 92 54,460 245 119,977 165,785 129,683 42,823 338,291 (218,314) 4,910 5 4,915 $~(2~3,399~) Note: Reversal of year end accruals with no offsetting activity in the current year caused certain Revenues and Operating Expense to be negative. CITY OF ROANOKE, VIRGINIA PARKING FUND COMPARATIVE INCOME STATEMENT FOR THE MONTH ENDING JULY 31, 2003 Operating Revenues Century Station Garage Williamson Road Garage Gainsboro Surface Norfolk Ave Surface Market Square Garage Church Ave Garage Tower Garage Williamson Road Surface Lot Gainsboro Garage Other Surface Lots Total Operating Revenues Operating Expenses Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenues (Expenses) Interest on Investments Interest and Fiscal Charges Miscellaneous Net Nonoperating Expenses Net Income FY2004 $ 33,917 38,217 3,121 5,429 21,878 40,583 35,161 8,333 4,990 10,546 202,175 71,275 45,304 116,579 85,596 (47,572) (47,572) $ 38,024 FY 2003 $ 33,373 36,646 2,559 5,957 19,089 41,923 36,827 5,493 3,024 184,891 89,564 45,424 134,988 49,903 1,443 (37,166) 140 (35,583) $ 14,320 8 CITY OF ROANOKE, VIRGINIA MARKET BUILDING FUND INCOME STATEMENT FOR THE MONTH ENDING JULY 3t, 2003 Operating Revenues Retail Space Rental Total Operating Revenues Operating Expenses Operating Expense Depreciation Total Operating Expenses Operating Income Nonoperating Revenues Interest on Investments Total Nonoperating Revenues Net Income FY 2004 $ 24,5O8 24,508 23,112 633 23,745 763 22O 220 $ 983 CITY OF ROANOKE, VIRGINIA HOTEL ROANOKE CONFERENCE CENTER COMMISSION COMPARATIVE INCOME STATEMENT FOR THE MONTH ENDING JULY 31, 2003 Operating Expenses Salaries and Fringe Benefits Fees for Professional Services Administrative Expenses Total Operating Expenses Nonoperating Revenues Contributions from City of Roanoke Contributions from Virginia Tech Interest on Investments Net Nonoperating Revenues Net Income Before Depreciation Depreciation Expense Net Income (Loss) FY2004 FY2003 $ 7,957 $ 10,263 2,257 53 328 10,267 10,591 25,000 31,250 25,000 31,250 2,761 6,639 52,761 69,139 42,494 58,548 (42,603) (42,603) $ (109) $ 15,945 Note: Financial information represents activity of the Commission as accounted for in the City's financial records. 10 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED JULY 31, 2003 TO THE DIRECTOR OF FINANCE: GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR THE FUNDS OF SAID CITY FOR THE MONTH ENDED JULY 31, 2003 I BALANCE AT BALANCE AT FUND JUNE 30, 2003 RECEIPTS DISBURSEMENTS JULY 31, 2003 IGENERAL $6,892,845.04 $10,481,664.85 $9,538,931.62 $7,838,578.27 WATER 4,501,628.33 564,641.13 2,249,960.29 2,816,309.17 WATER POLLUTION CONTROL 8,408,010.48 2,709,239.26 2,840,009.62 8,277,240.12 CIVIC FACILITIES 1,526,852.51 544,188.40 121,581.59 1,949,459.32 PARKING 572,878.14 202,176.36 3,485,949.76 (2,710,895.26) CAPITAL PROJECTS 53,610,889.15 226,312.41 1,640,823.29 52,196,378.27 MARKET BU LDING OPERATIONS 296,182.81 25,507.73 26,057.90 295,632.64 CONFERENCE CENTER 3,879,267.63 31,489.93 7,342.28 3,903,415.28 RKE VALLEY DETENTION COMM 0.00 0.00 0.00 0.00 DEBT SERVICE 14,423,091.49 3,428,649.81 9,089,830.21 8,761,911.09 DEPT OF TECHNOLOGY 5,153,797.52 440,096.56 1,588,309.14 4,005,584.94 FLEET MANAGEMENT 1,340,203.72 497,131.52 476,723.95 1,360,611.29 PAYROLL (3,381,888.50) 6,129,145,31 15,006,398.40 (12,259,141.59) RISK MANAGEMENT 12,054,524.39 754,390.76 818,588.83 11,990,326.32 PENSION 607,069.63 405,918.88 74,329.09 938,659.42 "SCHOOL FUND 11,497,911.18 4,621,194.69 8,421,341.86 7,697,764.01 SCHOOL CAPITAL PROJECTS 9,086,290.44 0.00 648,910.48 8,437,379.96 SCHOOL FOOD SERVICE 526,718.85 94,324.63 158,501.64 462,541.84 FDETC 62,450.58 16,879.63 37,347.49 41,982.72 GRANT 685,645.27 254,255.29 853,982.76 TOTAL $131,744,368.66 $31,427,207.15 $57,084,920.20 BALANCE AT JULY 31,200_2 $17,012,647.91 8,026,021.781 9,093,887.99 4,358,160.87 88,562.91 61,613,946.35 0.00 4,238,344.45 2,606.00 5,119,930.57 5,740,697.82 249,175.72 (11,122,655.55) 12,098,628.81 884,261.25 7,241,669.76 7,137,751.42 293,747.48 125,472.62 86,917.80 315,615.34 $106~086,655.61 $132,518,473.50 CERTIFICATE I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDED JULY 31, 2003. THAT SAID FOREGOING: CASH: CASH IN HAND CASH IN BANK INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS: COMMERCIAL HIGH PERFORMANCE MONEY MARKET LOCAL GOVERNMENT INVESTMENT POOL MONEY MANAGEMENT ACCOUNT REPURCHASE AGREEMENTS U. S. AGENCIES VIRGINIA AIM PROGRAM (U. S. SECURITIES) TOTAL $4,452.40 949,227.68 7,263,381.50 22,853,467.46 10,410,924.58 15,000,000.00 13,024,375.00 36,580,826.99 $106,086,655.61 DATE: AUGUST 19, 2003 CITY OF ROANOKE PENSION PLAN STATEMENT OF CHANGES IN PLAN NET ASSETS FOR THE MONTH ENDED JULY 31, 2003 Additions: Employer Contributions Investment Income Net Appreciation (Depreciation) in Fair Value of Investments Interest and Dividend income Total Investment Income (Loss) Less Investment Expense Net Investment Income (Loss) Total Additions (Deductions) FY 2004 FY 2003 $ 106,772 $ 116,241 207,462 (15o,o18) (15,641,278) (245,380) 57,444 (101,270) 158,714 $ 265,486 (15,886,658) (81,353) (15,805,305) $ (15,689,064) Deductions Benefits Paid to Participants Administrative Expenses Total Deductions Net Increase (Decrease) Net Assets Held in Trust for Pension Benefits: Fund Balance July 1 Fund Balance July 31 $ 1,470,935 (9,913) 1,461,022 (1,195,536) 283,983,057 $282,787,621 $ 1,367,294 9,313 1,376,607 (17,065,671) 289,534,315 $272,468,644 Note: Negative amounts reflect the reversal of accrual accounting entries made for fiscal year-end financial reporting purposes. 12 CITY OF ROANOKE PENSION PLAN BALANCE SHEET JULY 31, 2003 Assets FY 2004 FY 2003 Cash Investments, at Fair Value Due from Other Funds Other Assets Total Assets $ 938,559 283,079,554 234,305 6,150 $ 284,268,568 $ 857,116 272,991,282 495 5,785 $ 273,854,678 Liabilities and Fund Balance Liabilities: Due to Other Funds Accounts Payable Total Liabilities Fund Balance: $ 1,471,012 35 1,471,047 283,983,057 (1,195,536) 282,787,521 $ 284,258,568 $ 1,377,770 8,264 1,386,034 289,534,315 (17,065,671) 272,468,644 $ 273,854,678 Fund Balance, July 1 Net Gain (Loss) - Year to Date Total Fund Balance Total Liabilities and Fund Balance 13 MARY F. PARKER, CMC City Cl~rk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 I-1536 Telephone: (540) 853.2541 Fax: (540) 853-1145 E-mail: clerk(~ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk SHE1LA N. HARTMAN Assistant City Clerk September 19, 2003 File #60-467 Gloria P. Manns, Chair Roanoke City School Board 1727 Staunton Avenue, N. W. Roanoke, Virginia 24017 Dear Ms. Manns: I am enclosing copy of Ordinance No. 36485-091503 amending and reordaining certain sections of the 2003-04 School Fund Appropriations, as follows: $166,770.00 transportation charges; $1,102,554.00 from CMERP for technology requests, school bus replacement, facility maintenance and custodial requirements, furniture replacement, grounds services equipment, facility maintenance equipment, video surveillance equipment, and roof repair; $50,000.00 - Comprehensive School Reform grant program at Noel C. Taylor Learning Academy; $67,092.00 - Governor's School Program; $14,000.00 - Instructional Support Team Project; and $1,981.00 - Special Education Assistive Technology program. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 15, 2003. Mary F. Parker, CMC City Clerk MFP:ew Attachment H:~agende 03~ept 1303 cerrespondence.w~:~ Gloria P. Manns September 19, 2003 Page 2 pc: 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~sept 13 03 co~espondence,wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2003. No. 36485-091503. AN ORDINANCE to amend and reordain certain sections of the 2003-2004 School Fund Appropriations, and dispensing with the second reading by title of this o~inance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2003-2004 School Fund Appropriations be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Education Transportation (1-4) ................................................................................. Facilities (5-12) ........................................................................................ Comprehensive School Reform - Taylor Learning Academy (13-22) ...... Governor's School 2004 (23-34) .............................................................. Instructional Support Team - Fallon Park (35) ........................................ Special Education Assistive Technology (36) .......................................... $157,754,397 4,449,939 3,165,260 50,000 1,459,500 14,000 1,981 Revenues Education Charges for Services (37) ........................................................................ Comprehensive School Reform - Taylor Learning Academy (38) ........... Governor's School 2004 (39) ................................................................... Instructional Support Team - Fallon Park (40) ........................................ Special Education Assistive Technology (41) .......................................... $153,138,360 2,271,378 50,000 1,459,500 14,000 1,981 Fund Balance Reserved for CMERP - Schools (42) ........................................................ $ 1,204,330 1) Uniform Rental 2) Compensation of Bus Drivers 3) Social Security 4) Vehicle Fuel (030-065-6003-6675-0371) $ 9,343 (030-065-6003-6676-0171) 122,473 (030-065-6003-6676-0201) 9,954 (030-665-6003-6676-0609) 25,000 5) Data Processing Equipment 6) Replacement of School Buses 7) Additions - Machinery and Equipment 8) Site-Based Furniture 9) Additions - Other Capital Outlay 10) Replacement- Motor Vehicles 11) Additions - Machinery and Equipment 12) Replacement- Other Capital Outlay 13 Substitute Teachers 14 Teacher Stipends 15 Social Security 16 Staff Travel 17 Evaluation Services 18 Professional Development 19 School Reform Model 26 Other Charges 21 Administrative Supplies 22 Instructional Supplies 23 Conference Travel 24 Field Trips 25 Software 26 Conference Travel 27' Administrative Services 26 Temporary Clerical Support 29) Temporary Services 30) Service Contracts 31) Library Materials 32) Instructional Supplies 33) Equipment 34) Maintenance Supplies 35) Purchased Services 36) Equipment 37) Transportation Charges 38) Federal Grant Receipts 39) Local Match 40) Federal Grant Receipts 41) Federal Grant Receipts 030-065-6006-6302-0806) $ 388,885 030-065-6006-6676-0808 030-065-6006-6681-0821 030-065-6006-6681-0822 030-065-6006-6682-0829 251,875 50,691 16,897 13,000 (030-062-6334-6346-0151) 305 (030-062-6334-6346-0321) (495) (030-062-6334-6346-0332) 2,000 (030-062-6334-6346-0613) (107) (030-062-6334-6346-0614) 26,630 (030-062-6334-6346-0821) 30,584 (030-062-6334-6681-0608) (4,000) (030-062-6594-6029~0121) 14,000 (030-062-6595-6129-0821) 1,981 (030-060-6000-0810) 166,770 (030-063-6116-1102) 50,000 (030-062-6334-1101) 67,092 (030-062-6594-1102) 14,000 (030-062-6595-1102) 1,981 030-065-6006-6896-0809) 16,400 030-063-6116-6100-0021) 9,600 030-063-6116-6100-0129) 2,787 030-063-6116-6100-0201) 213 030-063-6116-6100-0551) 2,500 030-063-6116-6100-0584) 3,775 030-063-6116-6100-0585) 14,000 030-063-6116-6100-0586) 10,625 030-063-6116-6100-0587) 1,500 030-063-6116-6100-0601) 1,500 030-063-6116-6100-0614) 3,500 030-062-6334-6146-0554) 775 030-062-6334-6146-0583) ( 800) '030-062-6334-6146-0614) 13,000 '030-062-6334-6319-0554) 700 '030-062-6334-6319-0601) (1,500) 030-065-6006-6685-0821) 199,950 030-065-6006-6684-0804) 164,856 42) Reserved for CMERP- Schools (030-3324) $ (1,102,554) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~~ JESSE A. HALL Director of Finance emaih jesse_hall~cl.r oanoke.va.us September 15, 2003 CITY OF ROANOKF, DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Koom 461 P.O. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-6142 ANN H. SHAWVER Deputy Director 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. The accompanying budget ordinance will appropriate the following: · $166,770 in a supplemental appropriation for school transportation charges. The monies will fully fund the cost of transporting pupils for No Child Left Behind programs. Additional revenues are expected from transportation charges. · $1,102,554 from the 2003-04 Capital Maintenance and Equipment Replacement Fund to provide monies for instructional and administrative technology requests, school bus replacement, facility maintenance and custodial equipment requirements, district-wide furniture replacement, grounds services equipment, facility maintenance vehicle replacement, the purchase of video surveillance systems, and the repair of a roof. · $50,000 for the Comprehensive School Reform grant program at Noel Taylor Learning Academy. Taylor Learning Academy will implement a basic skills program which includes staff development and remedial skills instruction. The continuing program is one hundred percent reimbursed by federal funds. · $67,092 for the Governor's School program to provide instruction in science and math to high school students. The continuing program will be supported by State funds and tuition collected from participating school districts. · $14,000 for the Instructional Support Team Project to provide services for children with disabilities at Fallon Park Elementary School. The continuing grant program is funded with federal funds. Honorable Mayor and Members Of City Council September 15, 2003 $1,981 for the Special Education Assistive Technology program to purchase equipment and software to assist students with disabilities. This continuing program is one hundred percent reimbursed by federal funds. We recommend that City Council concur with the request of the School Board and adopt the accompanying budget ordinance. Respectfully submitted: Jesse A. Hall Director of Finance Attachment JAH/ctg C~ Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Mary F. Parker, City Clerk E. Wayne Harris, Superintendent of City Schools .~ Gloria P. Manns, Chairman Melinda J. Payne Ruth C. Willson, Vice Chairman Robert J. Sparrow William H. Lindsey Kathy G. Stockburger /-Roanoke City School Board P.O. Box 13145, Roanoke, Virginia 24031 · 540-853-2381 · Fax: 540-853-2951 ~ David B. Trinkle, M.D. E. Wayne Harris, Ed.D., Superintendent Cindy H. Lee, Clerk of the Board September 15, 2003 The Honorable Ralph K. Smith, Mayor and Members of Roanoke City Council Roanoke, VA 2401! Dear Members of Council: As the result of official School Board action at its September 9 meeting, the Board respectfully requests City Council to approve the following appropriations and transfers: · $166,770.00 in a supplemental appropriation for school transportation charges. The monies will fully fund the cost of transporting pupils for No Child Left Behind programs. · $1,102,554.00 from the 2003-04 Capital Maintenance and Equipment Replacement Fund to provide monies for instructional and administrative technology requests, school bus replacement, facility maintenance and custodial equipment requirements, district-wide furniture replacement, grounds services equipment, facility maintenance vehicle replacement, the purchase of video surveillance systems, and the repair of a roof. · $50,000.00 for the Comprehensive School Reform grant program at Noel Taylor Learning Academy. Taylor Learning Academy will implement a basic skills program which includes staff development and remedial skills instruction. The continuing program is one hundred percent reimbursed by federal funds. · $67,092.00 for the Governor's School program to provide instruction in science and math to high school students. The continuing program will be supported by State funds and tuition collected from participating school districts. · $14,000.00 for the Instructional Support Team Project to provide services for children with disabilities at Fallon Park Elementary School. The continuing grant program is funded with federal funds. Discovering the Wealth in All Children Members of Council Page 2 September 15, 2003 re CC: $1,981.00 for the Special Education Assistive Technology program to purchase equipment and software to assist students with disabilities. This continuing program is one hundred percent reimbursed by federal funds. Thank you for your attention to this request. Sincerely, Cindy H. Lee, Clerk Mrs. Gloria P. Manns Dr, E, Wayne Harris Mr. Richard L. Kelley Mr. Kenneth F. Mundy Mrs. Darlene Burcham Mr. William M. Hackworth Mr. Jesse A. Hall Mr. Jim Wells (with accounting Details) CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk September 19, 2003 File #60-467 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36486-091503 authorizing the City Manager to file an application with the Virginia Public School Authority seeking bond financing in an amount estimated not to exceed $5,000,000.00 to finance replacement of the existing school building at Roanoke Academy for Mathematics and Science, previously approved pursuant to Resolutions No. 35439-070201 and No. 35440-070201, adopted by Council on July 2, 2001. The abovereferenced Resolution No. 36486-091503 was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 15, 2003. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment HSagenda 03~sept 13 03 correspondence,wpd Darlene L. Burcham September 19, 2003 Page 2 pc: Jesse A. Hall, Director of Finance William M. Hackworth, City Attorney Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Gloria P. Manns, Chair, Roanoke City School Board,1727 Staunton Avenue, N. W., Roanoke, Virginia 24017 Cindy H. Lee, Clerk, Roanoke City School Board George J. A. Clemo, 10 S. Jefferson Street, S. W., Roanoke, Virginia 24011 Barry L. Key, Director, Office of Management and Budget H:~agenda 03~sept 13 03 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2003. No. 36486-091503. A RESOLUTION authorizing and directing the City Manager to file an application with the Virginia Public School Authority seeking bond financing in an amount estimated not to exceed $5,000,000.00 to finance the replacement of the existing school building at Roanoke Academy for Mathematics and Science, previously approved pursuant to Resolutions No. 35439- 070201 and No. 35440-070201, adopted by the Council at its July 2, 2001, meeting. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is hereby authorized and directed to file an application with the Virginia Public School Authority for bond financing in an amount estimated not to exceed $5,000,000.00 (the "Bonds") to finance the replacement of the existing school building at Roanoke Academy for Mathematics and Science. 2. The City Clerk is hereby authorized and directed to publish in accordance with applicable law a public notice of public hearing in connection with the proposed Bonds to be held on October 6, 2003, at 2:00 p.m.. ATTEST: City Clerk RKE# 0826041 .WPD-1. 077826-00033-01 The undersigned Clerk of the City of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes ora meeting of the City Council held on September 15, 2003, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify (a) that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present, and (b) that the attendance of the members and voting on the foregoing resolution was as follows: Ralph K. Smith, Mayor C. Nelson Harris, Vice Mayor William D. Bestpitch M. Rupert Cutler Alfred T. Dowe, Jr. Beverly T. Fitzpatrick, Jr. Lynda F. Wyatt Pr,~nt Absent Ajee Nay Abstain . WITNESS MY HAND and the seal of the City of Roanoke, Virginia, this IA'day of September, 2003 Clerk, City of Roanoke, Virginia RKE# 0826041 .WPD-1. 07782~-00033-01 '~l Gloria P. Manns, Chairman Melinda J. Payne Ruth C. Willson, Vice Chairman Robert J. Sparrow William H. Lindsey Kathy G. Stockburger fRoanoke City .School Board P.O. Box 13145, Roanoke, Virginia 24031 · 540-853-238t · Fax: 540-853-2951 David B. Trinkle, M.D. E. Wayne Harris, Ed.D., Superintendent Cindy H. Lee, Clerk of the Board September 15, 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 meeting on September 9, the Board approved the attached resolution to participate in the 2003 Interest Rate Subsidy Program Bond Sale - VPSA School financing Bonds (1997 Resolution) Series 2003 C. The proceeds of the bond issue will be used in lieu of the Literary Fund loans approved by the State for Roanoke Academy for Mathematics and Science project. The School Board will pay the debt service on the VPSA Interest Rate Subsidy Bond ]Issue. The use of the bond issue provides: · An interest rate of 4%--the same as the Literary Fund loan rate. · The debt will not count against the $20 million Literary Fund loan debt ceiling for the locality. · The first debt service payment will not be due until the 2004-05 fiscal year. Roanoke City Council is requested to approve a resolution indicating that Roanoke City desires to participate in the VPSA bond issue. No further action is required of the City at this time. ]If the application is approved by the VPSA board, Council will be requested to conduct a public hearing and perform any other procedural matters that may be required for participation in the VPSA bond issue. Discovering the Wealth in All Children Members of Council Page 2 September 15, 2003 The Roanoke City School Board appreciates the assistance of the City Administration in preparing the necessary resolution and documents required for participation in the VPSA bond issue. Sincerely, Cindy H. Lee Clerk of the Board re Enc. 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. Jesse A. Hall .~ Gloria P. Manns, Chairman Ruth C. Willson, Vice Chairman William H. Lindsey //Roanoke City School Board P.O. Box 13145, Roanoke, Virginia24031 · 540-853-2381 Melinda J. Payne Robert J. Sparrow Kathy G. Stockburger David B. Trinkle, M.D. E. Wayne Harris, Ed.D., Superintendent Cindy H. Lee, Clerk of the Board · Fax: 540-853-2951 September 9, 2003 RESOLUT]~ON REQUESTING THE CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA TO TSSUE GENERAL OBLTGATION SCHOOL BONDS FOR SCHOOL PURPOSES AND CONSENT]~NG TO THE ISSUANCE THEREOF BE IT RESOLVED, l) 2) The School Board of the City of Roanoke, Virginia hereby (i) approves the construction of a new building for the Roanoke Academy for Mathematics and Science at an estimated cost of $5,000,000 (the "Project"), (ii) authorizes and approves the filing of an application to the Virginia Public School Authority ("VPSA") seeking interest rate subsidy bond financing in an amount not to exceed $5,000,000, and (iii) requests that the City Council of the City of Roanoke, Virginia, (the "City") authorize the City to issue its general obligation school bonds to be sold to VPSA in an aggregate principal amount not to exceed $5,000,000, for the purpose of financing a portion of the cost of the Project. This resolution shall take effect immediately by the following recorded vote: Yea Nay Gloria P. IVlanns, Chairman Ruth C. Willson, Vice-Chairman William H. Lindsey Melinda .1. Payne Robert .1. Sparrow Kathy G. Stockburger David B. Trinkle The undersigned Clerk of the School Board of the City of Roanoke, Virginia hereby certified that the foregoing constitutes a true and correct extract from the minutes of a meeting of the School Board held the 9th day of September, 2003. Discovering the Wealth in All Children WITNESS, my signature and seal of the School Board of the City of Roanoke, Virginia, this day of September, 2003. (SEAL) Clerk, School Board of City of Roanoke, Virginia JESSE A. HALL Director of Finance cmail: jess~_hallt~ci.roanoke.va,us CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Room 461 P.O. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-6142 ANN H. SHAW~ER Deputy Director September 15, 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: VPSA Bonds - Roanoke Academy for Mathematics and Science City Council has previously appropriated a $5.0 million Literary Fund loan to the Roanoke Academy for Mathematics and Science project. The attached recommendation from the School Board requests Council's approval of a resolution authorizing issuance of VPSA bonds in lieu of the Literary Fund loan. This is necessary since Literary Funds are not available at this time. As cited in the attached recommendation, this bond provides an equivalent interest rate as the Literary Fund. We concur in this request of the School Board. Respectfully submitted, Jesse A. Hall Director of Finance Attachments cc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Mary F. Parker, City Clerk E. Wayne Harris, Superintendent of City Schools MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanokc.va.us September 24, 2003 File #15-110-237 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Mr. Frank B. Caldwell, III 8055 Martin Creek Road, S. W. Roanoke, Virginia 24018 Dear Mr. Caldwell: At a regular meeting of the Council of the City of Roanoke which was held on Monday, September 15, 2003, you were appointed as a member of the Flood Plain Committee to fill the unexpired term of Sandra Kelly, ending June 30, 2004. Enclosed you will find a copy of the Virginia Freedom of Information Act. On behalf of the Mayor and Members of City Council, ! would like to express appreciation for your willingness to serve the City of Roanoke as a member of the Flood Plain Committee. Sincerely, Mary F. Parker, CMC City Clerk .. MFP:ew Enclosures pc: Read A. Lunsford, Chair, Flood Plain Committee, P. O. Box 1205, Roanoke, Virginia 24006 Philip C. Schirmer, City Engineer Stephanie M. Moon, Deputy City Clerb 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 Fttx: (540) 853-1145 E-mail: clerk~ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk SHE1LA N. HARTMAN Assistant City Clerk September 19, 2003 File #51 Mr. and Mrs. Kermit Shriver 1318 Clarke Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. and Mrs. Shriver: I am enclosing copy of Ordinance No. 36487-091503 permanently vacating, discontinuing and closing a portion of an alley located off Thyme Street, S. E., at the rear of Lots 4, 5 and 6, Official Tax Nos. 4041901 - 4041904, contingent upon the payment of $750.00 to the City for consideration of vacation of the right-of-way. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 15, 2003, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosure Mr. and Mrs. Kermit Shriver September 19, 2003 Page 2 pc: Darlene L. Burcham, City Manager Rolanda B. Russell, Assistant City Manager for Community Development Martha P. Franklin, Secretary, City Planning Commission Susan S. Lower, Acting Director, Real Estate Valuation Ronald L. Smith, Building Commissioner Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney J. Thomas Tasselli, Development Review Coordinator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 2003. No. 36487-091503. AN ORDINANCE permanently vacating, discontinuing and closing a certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. WHEREAS, Kermit and Dorothy Shriver filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public tight-of-way described hereinafter; and WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public heating was held on such application by the City Council on September 15, 2003, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which heating all parties in interest and citizens were afforded an opportunity to be heard on such application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such public fight-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public fight-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That portion of an alley lying between parcels bearing Official Tax Nos. 4041901, 4041902, 4041903 and 4041904 be, and is hereby permanently vacated, discontinued and closed, and that all fight and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the fight-of-way, reserving however, to the City of Roanoke and any utility company, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across such public fight-of-way, together with the fight of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such fight to include the fight to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public fight-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that approval of the application is contingent upon the Applicant paying the City $750.00 for consideration of vacation of the right-of-way. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of twelve (12) months from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. BE IT FINALLY ORDAINED that pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. Cit5 . Archileclural Review Board Board of Zoning Appeals Planning ( ommisslon CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 852;-1730 Fax: ($40) 853-1230 E-mail: plan ning~a~ci.roanoke.va.us September 15, 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 Kermit and Dorothy Shriver that an alley lying between parcels bearing Official Tax Nos. 4041901, 4041902, 4041903, 4041904, be permanently vacated, discontinued and closed. Planning Commission Action: Planning Commission public hearing was held on Thursday, August 21, 2003. By a vote of 7-0, the Commission recommended that City Council approve the closure request. Background: The petitioner requests closure of an alley lying between four of their parcels. The petitioner purchased the adjoining properties from Carillon Health System in 1997. The adjoining properties were rezoned from RS-3, Residential Single Family Residential District, to C-1, Office and Institutional District, subject to certain conditions on January 25, 1982 by Ordinance Number 25889. Those conditions limit the future use of the property to "housing and parking for medical residents and students." Mr. Rife asked the petitioner if he agreed to pay the price listed in the report for the alley, to which the petitioner affirmed he was. Mr. Manetta inquired of staff as to who determined the value of the alley. Staff replied that the Department of Real Estate Valuation determined the price per square foot. Mr. Manetta then raised the issue of the value of the property, stating that it seemed too Iow and had a greater contributory value. Mr. Chrisman said that Real Estate Valuation staff only consider one parcel or piece of property at a time. Mr. Manetta said that in general the values that are submitted for right-of-way and alley closures do not reflect true market value, and that petitioners should pay a contributory market value price. The petitioner stated the alley does not add any development potential to his property. Considerations: The unimproved alley requested for closure lies between Official Tax Map Numbers 4041901 - 4041904 inclusively. The alley is approximately 150 feet long and 20 feet wide, or 3,000 square feet. The petitioner owns all of these pamels, and in addition owns parcels on Official Tax Map Numbers 4041905 - 4041907 inclusively. As stated previously, the petitioner's properties are all zoned C-1, Office District, as are the properties immediately to the south of the subject alley. The western side of Belleview Avenue is zoned RM-2, Residential Multi Family, Medium Density. The northern side of Thyme Street, which encompasses properties fronting on Linden Street, is zoned RS-3, Residential Single Family, High Density District. Parcels to the south and east of the subject alley are vacant and lie on a steep uphill grade. Residential properties lie to the north and west of the alley. The petitioner's property at Official Tax Map Number 4041902 is a triplex with rental units. The alley is currently partially paved off of Thyme Street. The petitioner uses it for ingress and egress to a parking lot, and an accessory structure covers a portion of the southeastern corner of the alley. Thyme Street is only improved for appreximately 100 feet southeast of the alley. Staff received comments from AEP, Roanoke Gas, and Verizon, all of which stated they have no facilities in the alley and no opposition to the request. Staff received comments from the Water Division of the Department of Public Works, who stated no sewer or water facilities are associated with the alley. Staff also received comments from the Traffic Engineer who did not object to the request. The Department of Real Estate Valuation assessed the value of the subject alley as $750, based on C-1 zoning at a rate of .25 per square foot. Staff did not receive any other comments in support of or in opposition to the requested closure. Vacation of the subject alley would allow the petitioner to combine all seven of their adjoining parcels into one totaling approximately 51,800 square feet. As all the adjoining properties are zoned C-1, the alley increases the development potential of the petitioner's property. While the proffered conditions currently on the adjoining parcels limit the petitioner's future development potential at present, an amendment of proffered conditions petition could be filed to remove or modify the proffers. The petitioner has not stated any intentions of developing the site further. Recommendation: Planning Commission recommends that City Council approve the petitioner's request, subject to the conditions listed below. Staff recommends that the petitioner be charged a price of $750 for the alley. The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Said plat shall combine Official Tax Map Numbers 1220415 and 1220416 and the right of way to be vacated in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right-of-way, including the right of ingress and egress. Upon meeting all other conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. If the above conditions have not been met within a period of one year from the date of adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary. Respectfully submitted, City of Roanoke Planning Commission COZ Darlene L. Burcham, City Manager Rolanda Russell, Assistant City Manager for Community Development William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Petitioner IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Application of Kermit & Dorothy Shriver For vacation of alley offThyme Street. MEMBERS OF COUNCIL: APPLICATION FOR VACATING, DISCONTINUING AND CLOSING OF ALLEY Kermit Shriver applies to have the above alley, in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.2- 2006 and Section 30-14, Code of the City of Roanoke (1979), as amended. This alley is more particularly described on the map attached and as follows: Alley offThyme Street at the rear of Lots 4,5,6 (Tax No. 4041901, 4041902 & 4041903 and the side of Lot 4041904 on Thyme Street. Kermit Shriver states that the grounds for this application are as follows: (1) 4/7/82 - Roanoke Memorial received permission to grade over said alley for a parking lot behind residence house at 1606 Belleview Ave. They (Roanoke Memorial) were to pursue the closing at that time. See attached letter. (2) I purchased said property from Carilion on 3/16/97. (3) I am the sole adjoining property owner. (4) The property has been maintained by myself ever since it was purchased. (5) The old alley only constitutes ~A of the parking lot. (6) See attached map for details. Wherefore, Kermit Shriver, respectfully requests that above-described alley be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.2-2006 and Section 30-14, Code of the City of Roanoke (1979), as amended. Kermit Shriver 1318 Clarke Ave Roanoke, Va. 24016 (540) 342-6222 ' at ' Adjoining Property Owners T~x Mao No. 4041901 4041902 4041903 4041904 Property Owner Kermit & Dorothy Shriver Kennit & Dorothy Shriver Kermil & Dorothy Shriver Kmznit & Dorothy ShriYer _M_a/linR Address 1318 Clarke Ave, SW R.oanok¢, VA 24016 1318 Clarke Ave, SW Roanoke, VA 24016 1318 Clarke Ave, SW Roanoke, VA 24016 I318 Clark~ Ave, SW R, oanoke, VA 24016 ' ~,-'~Y 0-8 2003 7:s9Rr'1 ~ID R. BESS, L.L.C. April 7, 19~2 Roanoke Hospital Association P. O. aox 13367 Roanoke, Virginia 24033 IS38 ..,..-.-'~ Closing of alley parallel to Belleview Avenue in' rear of resident housing Gentlemen; On March 30, 1982, Stu Franklin and the undersigned met first with Bain Reid of the City of Roanoke Building Office, who referred us to Richard Durrow, City Engineer, regarding plans for parking in rear of the residents' housing on Belleview Avenue. A map of the Official Tax Appraisal along with an overlay of the proposed improvement~ were presented. Basically, the request was made to permi~ paving 9nd improvement of the area encompassed by the ".~er" ~ w~thout seeking an official closing of the alley a~ provided by the State Code involving hearings before the Planning Co--lesion and City Council, with the understanding at indefinite =im~ Ute hospital would taX6 ~uch___acti6n aa necessary f~--~ff~-~-i-al closinc. It was'~0-~ntad out'to B~rrow that no structures ~ou!~ be erected over the alley' area bu~ gradl~ and ~avlng a~ong with plantings would be done. The repl~ after reviewl,~q~-he map ~nd overlay was that the hospital would in effect be improving City property and no objection was raised as to this procedure. The result of this short meeting was that the City Engineer saw no problem wi~h our proceeding witl~ paz'ki~g ~nd paving as described in the overlay map. Nothing in ~rriting %'a~ suggested ; '~R~'~J8 °8003 7:SSRM D R. BESS, L.L.C. 5 888-1G3~ p 8 Koanoke Hospital Association April 7, !9B2 e~ther from us or from the City, and my impression was t~t n~thln9 further would be required for the hospital to proceed, ~tth %he Drovi~on that in the future a c!o~ing would be und~r__~_ktak~D. Very truly yours, ' FRANK K. SAUNDERS Thyme St, SE Subject 4050102 4050306 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, August 21, 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., to consider the following: Request from Kermit and Dorothy Shriver that an alley lying between parcels bearing Official Tax Nos. 4041901,4041902, 4041903 and 4041904, be permanently vacated, discontinued and closed. 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, August 5 and 12, 2003 Please charge Department Credit Card and send affidavit of publication to: Martha P. Franklin Department of Planning Building & Development Room 166, Municipal Building 215 Church Avenue, S.W., Roanoke, VA (540) 853-1730 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Time~-~.L~ ~..'O.-.~ ...'~..~.-,~ ROANOKE CITY CLERK'S 215 CHURCH AVE. RM 456 ATT: MARY PARKER, CL ROANOKE VA 24011 REFERENCE: 80023382 02202418 Alley Closing 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_g~ia. Sworn and subscribed before me this ~ "' day of Septer~er 2003. Witness my hand and PUBLISHED ON: 08/29 09/05 TOTAL COST: FILED ON: 239.20 09/05/03 Authorized S i gna t ur 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, September 15, 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 an application to permanently abandon, vacate, discontinue and close, to the extent the City has any legal interest in such public right-of-way, the following public tight-of-way: That portion of an alley lying between parcels beating Official Tax Nos. 4041901, 4041902, 4041903, and 4041904. 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 12:00 noon on Thursday, September 11, 2003. GIVEN under my hand this 27th day of August ,2003. Mary F. Parker, City Clerk. H/NOTICES/N-ST CLOS-SHRIVER091503 DOCDe~smoreRD081803 Notice to Publisher: Publish in the Roanoke Times once on Friday, August 29, 2003, and once on Friday, September 5, 2003. Send bill and affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 240 ! 1 (540) 853-2541 MARy F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us September 8, 2003 File #514 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Mr. and Mrs. Kermit Shriver 1318 Clarke Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. and Mrs. Shriver: 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, September 15, 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 your request that a portion of an alley located off Thyme Street, S. E., at the rear of Lots 4, 5 and 6, Official Tax Nos. 4041901 ~ 4041904, inclusive, be permanently vacated, discontinued and closed. 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 September 15 public hearing. matter until a later date, MFP:ew be necessary for you, or your representative, to be present at the Failure to appear could result in a deferral of the Sincerely, Mary F. Parker, CMC City Clerk Enclosure N:\CKEWl\public hearings 03\sept 15 att letter .wpd MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk~ci.roanoke,va.us July 1,2003 File #514 STEPHANIE M. MOON l~puty City Clerk SHEILA N. HARTMAN Assistant City Clerk Robert B. Marietta, Chairperson City Planning Commission 2831 Stephenson Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Marietta: Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application received in the City Clerk's Office on June 27, 2003, from Kermit and Dorothy Shriver requesting that a portion of an alley located off Thyme Street, S. E., atthe rear of Lots 4, 5 and 6, Official Tax Nos. 4041901 - 4041903, inclusive, and the side of Official Tax No. 4041904, on Thyme Street, S. E., be permanently vacated, discontinued and closed. Mary F. Parker, CMC City Clerk MFP:mh Enclosures N:\CKMHl\Rezonings .. Street. Alley Closings.03\Shriver.alley closing.wpd Robert B. Marietta July 1,2003 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Mr. and Mrs. Kermit Shriver, 1318 Clarke Avenue, S. W., Roanoke, Virginia 24016 Willard N. Claytor, Director, Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney J. Thomas Tasselli, Development Review Coordinator N:\CKMHl\Rezonings - Street.Alley Closings.03\Shriver. alley closing.wpd MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 I-1536 Telephone: ($40) 853.2541 Fox: (540) 853-1145 E-mail: clerk@el.roanoke.vagus STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk September 19, 2003 File #51 John H. Lipscomb, Managing Partner L & M Properties, L. L. C. 3330 Hollins Road, N. E. Roanoke, Virginia 24012 Dear Mr. Lipscomb: I am enclosing copy of Ordinance No. 36488-091503 rezoning three tracts of land located on Wertz Avenue and Mississippi Avenue, N. E., consisting of 14.401 acres, more or less, identified as Official Tax Nos. 3130301, 3130504 and 3130312, from HM, Heavy Manufacturing District, to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioner. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 15, 2003, and is in full force and effect upon its passage. Sincerely, City Clerk MFP:ew Enclosure John H. Lipscomb September 19, 2003 Page 2 pc: Norfolk Southern Railway Co., 110 Franklin Road, S. E., Roanoke, Virginia 24011 Hollins Road Warehousing, Suite A, 3330 Hollins Road, N. E., Roanoke, Virginia 24012 Mr. Wayne F. Palmer, 3379 Bradshaw Road, Salem, Virginia 24153 Halmode Apparel, Inc., P. O. Box 13325, Roanoke, Virgina 24033 Petrolane Gas Service, P. O. Box 7980, LOC, 5460, Valley Forge, Pennsylvania 19482 Mr. Ralph E. Kelley, 717 Mississippi Avenue, N. E., Roanoke, Virginia 24012 Mr. Jeffrey W. Niday, 718 Mississippi Avenue, N. E., Roanoke, Virginia 24012 Mr. Daulton B. Patterson, 2806 Ridgefield Street, N. E., Roanoke, Virginia 24012 Mr. and Mrs. David Hedge, 2814 Ridgefield Street, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Russell Carter, 2817 Ridgefield Street, N. E., Roanoke, Virginia 24012 Ms. Michelle Lynn Jarels, 2828 Hancock Street, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Michael Parks, 1617 Lovers Lane, Vinton, Virginia 24179 Ms. Linda M. Fields, 2825 Hancock Street, N. E., Roanoke, Virginia 24012 Ms. Tracey Ferguson, 2828 Hollins Road, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Robert B. Divers, 634 Fernwood Drive, Salem, Virginia 24153 Star City Lumber, LLC, 3120 Hollins Road, N. E., Roanoke, Virginia 24012 Roanoke Mental Hygiene, 301 Elm Avenue, S. W., Roanoke, Virginia 24016 Phillip Clark, Hollins Road North Civic League, 1222 Liberty Road., N. E. Roanoke, Virginia 24012 Richard Hendrick, Hollins Road North Civic League, 933 Missouri Avenue, N. E., Roanoke, Virginia 24012 Darlene L. Burcham, City Manager Rolanda B. Russell, Assistant City Manager for Community Development Martha P. Franklin, Secretary, City Planning Commission Susan S. Lower, Acting Director, Real Estate Valuation 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 15th day of September, 2003. No. 36488-091503. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No.313, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading of this ordinance by title. WHEREAS, L & M Properties, L.L.C., has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on such application at its meeting on September 15, 2003, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (I 979), as amended, at which heating all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 313 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular manner and no other: Three tracts of land located on Wertz Avenue, N.E. and Mississippi Avenue, N.E., consisting of 14.401 acres, more or less, and designated on Sheet No. 313 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 3130301,3130504 and 3130312, be, and are hereby rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District, subject to the proffers contained in the First Amended Petition filed in the Office of the City Clerk on August 13, 2003, and that Sheet No. 313 of the 1976 Zone Map be changed in this respect. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by tire is hereby dispensed with. City Clerk. CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 2401 ! Telephone: (540) 853-1'730 Fax: (540) 853-1230 E-mail: planning~ci.roanoke.va.us Architectural Review Board Board of Zoning Appeals Honorable Ralph K. Smith, Mayor Honorable C. Nelson Harris, Vice Mayor Honorable William D. Bostpitch, 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 September 15, 2003 Dear Mayor Smith and Members of City Council: Subject: Request from L & M Properties, LLC, that three tracts of land located on Wertz and Mississippi Avenues, N.E., designated as Official Tax Nos. 3130301, 3130504, and 3130312, be rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District, such rezoning to be subject to certain conditions. Planning Commission Action: Planning Commission public hearing was held on Thursday, August 21, 2003. By a vote of 7~0, the Commission recommended approval of the requested rezoning. Background: A Petition to Rezone was filed on July 1,2003. A First Amended Petition to Rezone was filed on August 13, 2003. The area requested for rezoning totals 14.401 acres, more or less, and includes the site of the former Halmode Apparel Plant. The principal, one-story building on the site is 228,720 square feet, with a 55,750 square foot basement. Conditions proffered by the petitioner are as follows: The subject properties shall be used for only the following LM permitted uses: Trade and vocational schools of an industrial nature; Day care centers with unlimited capacity subject to the requirements of section 36.1-510 et seq.; Post offices; Laboratories and testing facilities not accessory to a specific use including photographic laboratories, industrial testing facilities and similar uses; General storage and warehousing establishments engaged in the storage of miscellaneous merchandise not for sale on the same premises; Mini-warehouses; Establishments engaged in the wholesale distribution of goods; Recycling establishments limited to the processing of paper and plastic products, glass, aluminum, food and beverage containers, oils and batteries, where all activities and storage are wholly enclosed in a building; 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; Tractor trailer depots and repair facilities; Plant nurseries and greenhouses including those with retail sales on the premises; General services establishments primarily engaged in the repair or maintenance of goods or items including automobiles, trucks, construction equipment, and the provision of business services provided all repair and maintenance activities are wholly enclosed in a building and provided that the gross floor area of all new buildings for such uses is not less than five thousand (5,000) square feet; 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; and Commercial printing establishments which print newspapers, publications, and other materials. Considerations: The subject properties are generally bounded by Hollins Road, N.E., Pearl Avenue, N.E., the railroad tracks, Wertz Avenue, N.E., and Mississippi Avenue, N.E. The three subject parcels are currently zoned HM, Heavy Manufacturing District, and were most recently utilized for a distribution center by Halmode Apparel. Surrounding zoning is residential and manufacturing. 2 · Tracts south and east of the subject properties are zoned RM-1, Residential Multi-Family, Low Density, and are developed residentially as single-family dwellings. · Tracts to the west, on the other side of the railroad tracks, are zoned LM, Light Manufacturing, and include warehousing and light manufacturing facilities. · Tracts to the north are zoned LM, Light Manufacturing, and HM, Heavy Manufacturing, and include warehousing, distribution facilities, vacant land, and nonconforming single-family residences. The request to rezone the subject properties to LM, Light Manufacturing, is consistent with the following policies and recommended actions of Vision 2001. 2020, the City's Comprehensive Plan: · ED P5. Underutilized industrial sites will be evaluated and redevelopment encouraged. · ED A18. Identify underutilized industrial sites and promote redevelopment as part of Roanoke's economic development strategy. The petitioner proposes to market the subject properties for a distribution center, which under LM permitted uses would be an "establishment engaged in the wholesale distribution of goods." Because of limited vehicular access to the site from Hollins Road and surrounding single-family residential uses, staff advised the petitioner that some of the LM uses permitted by right and by special exception in the zoning ordinance would be inappropriate on the subject properties. The First Amended Petition limits the uses on the subject properties to 14 of the 27 LM permitted uses. The uses of the subject properties, as limited by proffer, narrow the parameters in a manner that the adjacent and surrounding residential neighborhoods are not compromised by impact of the land use and associated vehicular traffic. The petition's request appropriately applies a light manufacturing designation, with conditions, to the subject properties. The down-zoning request represents an opportunity for reuse and revitalization of an old manufacturing property that has not been successful as a heavy manufacturing site. Staff has received no letters in opposition to this petition. During the Planning Commission public hearing, John H. Lipscomb, Managing Partner, L & M Properties, the petitioner, presented the request. Nancy Snodgrass, City Planner, presented the staff report, recommending approval of the request. Planning Commission discussion centered on the following issues: · Regulations to protect the residential neighborhood from potential hazardous waste with some of the uses that would be permitted on the site (such as photo laboratories); state regulations and OSHA regulate storage and disposal of hazardous waste Traffic impact on Hollins Road; negligible difference in impact from potential uses of current HM zoning and requested LM Existence of a railroad spur for the site; currently out of commission but could be reactivated Recommendation: The Planning Commission recommends that City Council approve the request. Respectfully submitted, Robert B. Manetta, Chairman Roanoke City Planning Commission CC: Darlene L. Burnham, City Manager Rolanda Russell, Assistant City Manager for Community Development William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney John FI. Lipscomb, L&M Properties, Petitioner 1sT AMENDED PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of three tracts of land located on Wertz Avenue, N.E. and Mississippi Avenue, N.E., containing 14.401 acres, more or less, identified as Roanoke City Tax Map Numbers 3130301 (13.965 acres), 3130504 (0.236 acre), and 3130312 (0.200 acre) from HM, Heavy Manufacturing to LM, Light Manufacturing, such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, L & M Properties, L.L.C., is the owner of land in the city of Roanoke, located on Wertz Avenue, N.E. and Mississippi Avenue, N.E., containing 14.401 acres, more or less, designated Official Tax Map Numbers 3130301, 3130504, and 3130312. Said parcels are currently zoned as HM, Heavy Manufacturing District. A map of the properties to be rezoned is attached as Exhibit A. A concept plan is attached as Exhibit B. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said properties be rezoned from HM, Heavy Manufacturing to LM, Light Manufacturing, subject to certain conditions, for the purpose of encouraging the development of light manufacturing business. The Petitioner believes that 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 allow the revitalization of an area which has been unsuccessful as a heavy manufacturing area. Upon the completion of the rezoning, it is the intention of the owners to create a distribution center which will encourage the development of light manufacturing businesses. The Petitioner hereby proffers and agrees that if the said properties are rezoned as requested, that the rezoning will be subject to, and that it will abide by, the following conditions: The subject properties shall be used for only the following LM permitted uses: Co Trade and vocational schools of an industrial nature. Day care centers with unlimited capacity subject to the requirements of section 36.1-510 et seq. Post offices. Laboratories and testing facilities not accessory to a specific use including photographic laboratories, industrial testing facilities and similar uses. General storage and warehousing establishments engaged in the storage of miscellaneous merchandise not for sale on the same premises. Mini-warehouses. Establishments engaged in the wholesale distribution of goods. Recycling establishments limited to the processing of paper and plastic products, glass, aluminum, food and beverage containers, oils and batteries, where all activities and storage are wholly enclosed in a building. 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. Tractor trailer depots and repair facilities. Plant nurseries and greenhouses including those with retail sales on the premises. General services establishments primarily engaged in the repair or maintenance of goods or items including automobiles, trucks, construction equipment and the provision of business services provided all repair and maintenance activities are wholly enclosed in a building and provided that the gross floor area of all new buildings for such uses is not less than five thousand (5,000) square feet. 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. Commercial printing establishments which print newspapers, publications, and other materials. Attached as Exhibit C are the names, addresses, and tax numbers of the owner or owners of all lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. 2 Respectfully submitted this 7"' day of August, 2003. Respectfully submitted, By: L & M Properties, L.L.C. Jot~n H. Li[ ;comb, Member Managing ~artner L & M Properties 3330 Hollins Road, Northeast Roanoke, Virginia 24012 540-563-9903 3 EXHIBIT A 3 Name Petrolane Gas Service Ralph E. Kelley Pyrofax Gas Corporation Jeffrey W. Niday Daulton D. Patterson Daulton B. Patterson Daulton B. Patterson David R. and Karen B. Hedge David R. and Karen B. Hedge Russell L. and Barbara M. Carter Russell L. and Barbara M. Carter Russell L. and Barbara M. Carter Michelle Lynn Jarels Linda M. Fields Michael C. and Rita M. Parks .EXHIBIT C Address Post Office Box 798-LOC #5460 Valley Forge, PA 19482 717 Mississippi Avenue Roanoke, VA 24012 Post Office Box 1410 Long Beach, CA 90801 718 Mississippi Avenue Roanoke VA 24012 2806 Ridgefield Street Roanoke, VA 24012 2806 Ridgefield Street Roanoke, VA 24012 2806 Ridgefield Street Roanoke VA 24012 2814 Ridgefield Street Roanoke, VA 24012 2814 Ridgefield Street Roanoke VA 24012 2817 Ridgefield Street Roanoke VA 24012 2817 Ridgefield Street Roanoke, VA 24012 2817 Ridgefield Street Roanoke VA 24012 2828 Hancock Street Roanoke VA 24012 2825 Hancock Street Roanoke VA 24012 1617 Lovers Lane Vinton, VA 24179 Tax Numbers 3130508 3130505 3130508A 3130313 3130308 3130307 3130306 3130305 3130304 3130404 3130403 3130402 3139412 3139436 3130421 EXHIBIT C (Continued) James O. and Phyllis Yeager 6501 Jubal Early Highway Hardy, VA 24101 Patrick E. Lynch 1207 Ninth Street Roanoke, VA 24013 William C. Johnson 1086 Blandford Avenue Vinton, VA 24179 Jacquelyn R. and Robert E. Divers 634 Fernwood Drive Salem, VA 24153 Robert E. Divers 634 Fernwood Drive Salem, VA 24153 Robert E. Divers 634 Fernwood Drive Salem, VA 24153 Robert E. Divers 634 Fernwood Drive Salem, VA 24153 Robert E. Divers 634 Fernwood Drive Salem, VA 24153 Roberts E. Divers 634 Fernwood Drive Salem, VA 24153 Robert E. Divers 634 Fernwood Drive Salem, VA 24153 Robert E. Divers 722 Pearl Avenue Roanoke, Virginia 24012 Star City Lumber, L.L.C. 3120 Hollins Road Roanoke, VA 24012 Star City Luml~er, L.L.C. 3120 Hollins Road Roanoke, VA 24012 Star City Lumber, L.L.C. 3120 Hollins Road Roanoke, VA 24012 Star City Lumber, L.L.C. 3120 Hollins Road Roanoke, VA 24012 Roanoke Metal Hygiene 310 Elm Avenue Roanoke, VA 24016 3130420 4140501 4140502 3140503 3140504 3140505 3140506 3140507 3140508 3140509 3140510 3140612 3140613 3140614 3140620 3140817 6 R I A II, L.L.C. EXHIBIT C (Continued) Post Office Box 2143 Roanoke, VA 24009 3140301 Wertz & Mississippi Ave, NE 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 02202446 Wertz Avenue State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this ___~_-~__day of Sep~mber 2003. Witness my hand and PUBLISHED ON: 08/29 09/05 TOTAL COST: FILED ON: 253.00 09/05/03 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 September 15, 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 HM, Heavy Manufacturing District, to LM, Light Manufacturing District, the following property: Three tracts of land located on Wertz Avenue, N.E., and Mississippi Avenue, N.E., consisting of 14.401 acres, more or less, and designated on Sheet No. 313 of the Section 1976 Zone Map, City of Roanoke, as Official Tax Nos. 3130301, 3130504 and 3130312. 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, September 1 I, 2003. GIVEN under my hand this 27th day of August ,2003. Mary F. Parker, City Clerk. N -Rezo-Timi tyThullah082103 Notice to Publisher: Publish in the Roanoke Times once on Friday, August 29, 2003, and once on Friday, September 5, 2003. Send bill and affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 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.~s September 8, 2003 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk File #514 John H. Lipscomb, Managing Partner L & M Properties, L. L. C. 3330 Hollins Road, N. E. Roanoke, Virginia 24012 Dear Mr. Lipscomb: 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, September 15, 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 L & M Properties, L. L. C. that three tracts of land located on Wertz Avenue and Mississippi Avenue, N. E., consisting of 14.401 acres, more or less, identified as Official Tax Nos. 3130301, 3130504 and 3130312, be rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioner. 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 September 15 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosure N:\CKEWl\public headngs 03\sept 15 att letter .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: clcrk~ci,roanoke.v~.us September 8, 2003 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Norfolk Southern Railway Co. Wayne F. Palmer Petrolane Gas Service Pyrofax Gas Corporation Daulton B. Patterson Russell and Barbara Carter Michael and Rita Parks James and Phyllis Yeager Jacquelyn R. Divers Roanoke Mental Hygiene Hollins Road Warehousing Suite A Halmode Apparel, Inc. Ralph E. Kelley Jeffrey W. Niday David and Karen Hedge Michelle Lynn Jarels Linda M. Fields Robert B. Divers Star City Lumber, LLC 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, September 15, 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 L & M Properties, L. L. C., that three tracts of land located on Wertz Avenue and Mississippi Avenue, N. E., consisting of 14.401 acres, more or less, identified as Official Tax Nos. 3130504 (0.236 acre) and 3130312 (0.200 acre), be rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioner. 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. 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. MFP:ew Mary F. Parker, CMC City Clerk Enclosure N:\CKEWl\pubiic hearings 03~sept 15 att letter .wpd TO THE CITY CLERK OF THE CITY OF ROANOKE. VIRGINIA PERTAINING TO THE REZONING REQUEST OF: L & M Propedies, LLC, on Mississippi and Wertz Avenues, N.E. Tax) Nos. 3130201, 3130504 and 3130312 from HM to LM, conditional )AFFIDAVIT COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 21st day of July, 2003, notices of a public hearing to be held on the 21st day of August, 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 Norfolk Southern Railway Co. 3140304 Hollins Road Warehousing Suite A 3140812 Wayne F. Palmer 3130303 3130401 3130508 Halmode Apparel Inc. Petrolane Gas Service 3130505 Ralph E. Kelley 3130508A Pyrofax Gas Corporation 3130313 JeffmyW. Niday 3130308 3130307 3130306 3130305 3130304 3130403 3130402 3130412 Daulton B. Patterson David and Karen Hedge Russell and Barbara Carter Michelle Lynn Jarels Mailinq Address 110 Franklin Road, SE Roanoke, VA 24011 3330 Hollins Road, NE Roanoke, VA 24012 3379 Bradshaw Road Salem, VA 24153 P O Box 13325 Roanoke, VA 24033 P O Box 7980 LOC 5460 Valley Forge, PA 19482 717 Mississippi Avenue Roanoke, VA 24012 P O Box 1410 Long Beach, CA 90801 718 Mississippi Avenue Roanoke, VA 24012 2806 Ridgefield Street Roanoke, VA 24012 2814 Ridgefield Street Roanoke, VA 24012 2817 Ridgefield Street Roanoke, VA 24012 2828 Hancock Street Roanoke, VA 24012 3130421 3130436 3130420 3140501 3140502 3140503 3140504 3140505 3140506 3140507 3140508 3140509 3140510 Michael and Rita Parks Linda M. Fields Robert B. Divers ~cquelyn R Divers 1617 Lovers Lane Vinton, VA 24179 2825 Hancock Street Roanoke, VA 24012 634 Fernwood Drive Salem, VA 24153 3140612 3140613 3140614 3140620 Star City Lumber, LLC 3120 Hollins Road, NE Roanoke, VA 24012 3140817 Roanoke Mental Hygiene 301 Elm Avenue, SW Roanoke, VA 24016 Also sent to: Phirlip Clark and Richard Hendrick, Hollins Road North Civic League Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 21st day of July, 2003. Notary Public My Commission Expires: 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 F~x: (540) 853-1145 E-mail: ¢lcrk~¢i.roanok¢.v~.us STEPHANIE M. MOON Deputy City CI~ SHEILA N. HARTMAN Assistant City Clerk August 14, 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 first amended petition received in the City Clerk's Office on August 13, 2003, from L & M Properties, L.L.C., requesting that three tracts of land located on Wertz Avenue and Mississippi Avenue, N. E., consisting of 14.401 acres, more or less, identified as Official Tax Nos. 3130301 (13.965 acres), 3'i 30504 (0.236 acre) and 3130312 (0.200 acre), be rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioner. Mary F. Parker, CMC City Clerk MFP:sm Enclosure' N:",CKMH 1 ~EZONINGS ~ STREET.ALLEY CLOSINGS.03~L&M PP. OPERTIES, LLC.REZONING (WERTZ AND MISSI$SIPPI).A~MENDED PETITION.DOC Robed B. ManeEa August14,2003 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council John H. Lipscomb, Managing Partner, L&M Properties, 3330 Hollins Road, N. E., Roanoke, Virginia 24012 '. ' Susan S. Lower, Acting 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 N:\CKMHI~REZONINGS - STREET.ALLEY CLOSINGS.03~L&M PROPERTIES, LLC.REZONING (WERTZ AND MISSISSIPPI).AMENDED PETITION.DOC MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: ¢lcrk~ci.roanoke.va.us STEPIIANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk July 8, 2003 File #51 Robed B. ManeEa, Chair City Planning Commission 2831Stephenson 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 July 1,2003, from L & M Properties, L.L.C., requesting that three tracts of land located on Wertz Avenue and Mississippi Avenue, N. E., consisting of 14.401 acres, more or less, identified as Official Tax Nos. 3130301 (13.965 acres), 3130504 (0.236 acre) and 3130312 (0.200 acre), be rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure N:\CKMH 1LRezonings - Stxeet. Alley Closings.03\L&M Properties, LLC.Rezoning (Wertz and Mississippi).wpd Robert B. Manetta July 8, 2003 Page 2 pc~ The Honorable Mayor and Members of the Roanoke City Council John H. Lipscomb, Managing Partner, L&M Properties, 3330 Hollins Road, N. E., Roanoke, Virginia 24012 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 N:\CKMH 1LRezonings - Street.Alley Closings.03\L&M Properties, LLC.Rezoning (Wertz and Mississippi).wpd PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of three tracts of land located on Wertz Avenue, N.E. and Mississippi Avenue, N.E., containing 14.401 acres, more or less, identified as Roanoke City Tax Map Numbers 3130301 (13.965 acres), 3130504 (0.236 acre), and 3130312 (0.200 acre) from HM, Heavy Manufacturing to LM, Light Manufacturing, such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, L & M Properties, L.L.C., is the owner of land in the city of Roanoke, located on Wertz Avenue, N.E. and Mississippi Avenue, N.E., containing 14.401 acres, more or less, designated Official Tax Map Numbers 3130301, 3130504, and 3130312. Said parcels are currently zoned as HM, Heavy Manufacturing District. A map of the properties to be rezoned is attached as Exhibit A. A concept plan is attached as Exhibit B. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said properties be rezoned from HM, Heavy Manufacturing to LM, Light Manufacturing, subject to certain conditions, for the purpose of encouraging the development of light manufacturing business. The Petitioner believes that 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 allow the revitalization of an area which has been unsuccessful as a heavy manufacturing area. Upon the completion of the rezoning, it is the intention of the owners to create a distribution center which will encourage the development of light manufacturing businesses. The Petitioner hereby proffers and agrees that if the said properties are rezoned as requested, that the rezoning will be subject to, and that it will abide by, the following conditions: The following LM uses shall not be permitted on the subject properties: 1. Military reserve and National Guard centers. 2. Airports. Attached as Exhibit C are the names, addresses, and tax numbers of the owner or owners of all lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this Ist day of July, 2003. Respectfully submitted, L & M Properties, L.L.C. (--~John H. Lipscomb,~lember Managing Partner L & M Properties 3330 Hollins Road, Northeast Roanoke, Virginia 24012 540-563-9903 2 EXHIBIT A Name Petmlane Gas Service Ralph E. Kelley Pyrofax Gas Corporation Jeffrey W. Niday Daulton D. Patterson Daulton B. Patterson Daulton B. Patterson David R. and Karen B. Hedge David R. and Karen B. Hedge Russell L. and Barbara M. Carter Russell L and Barbara M. Carter Russell L. and Barbara M Carter Michelle Lynn Jarels Linda M Fields Michael C. and Rita M. Parks EXHIBIT C Address Post Office Box 798-LOC #5460 Valley Forge, PA 19482 717 Mississippi Avenue Roanoke, VA 24012 Post Office Box 1410 Long Beach, CA 90801 718 Mississippi Avenue Roanoke, VA 24012 2806 Ridgefield Street Roanoke, VA 24012 2806 Ridgefield Street Roanoke, VA 24012 2806 Ridgefield Street Roanoke, VA 24012 2814 Ridgefield Street Roanoke, VA 24012 2814 Ridgefield Street Roanoke, VA 24012 2817 Ridgefield Street Roanoke, VA 24012 2817 Ridgefleld Street Roanoke, VA 24012 2817 Ridgefield Street Roanoke, VA 24012 2828 Hancock Street Roanoke, VA 24012 2825 Hancock Street Roanoke, VA 24012 1817 Lovers Lane Vinton, VA 24179 Tax Numbers 3130508 3130505 3130508A 3130313 3130308 313O307 3130306 31303O5 3130304 313O4O4 3130403 31304O2 3130412 3130436 3130421 5 James O. and Phyllis Yeager Patrick E. Lynch William C. Johnson Jacquelyn R. and Robert E. Divers Robert E. Divers Robert E. Divers Robert E. Divers Robert E. Divers Roberts E. Divers Robert E. Divers Robert E. Divers Star City Lumber, L.L.C. Star City Lumber, L.L.C. Star City Lumber, L.L.C. Star City Lumber, L.L.C. Roanoke Metal Hygiene EXHIBIT C ~Continuedi 6501 Jubal Early Highway Hardy, VA 24101 1207 Ninth Street Roanoke, VA 24013 1086 Blandford Avenue Vinton, VA 24179 634 Fernwood Drive Salem, VA 24153 634 Fernwood Drive Salem, VA 24153 634 Fernwood Drive Salem, VA 24153 634 Fernwood Drive Salem, VA 24153 634 Fernwood Drive Salem, VA 24153 634 Fernwood Drive Salem, VA 24153 634 Fernwood Drive Salem, VA 24153 722 Pearl Avenue Roanoke, Virginia 24012 3120 Hollins Road Roanoke, VA 24012 3120 Hollins Road Roanoke, VA 24012 3120 Hollins Road Roanoke, VA 24012 3120 Hollins Road Roanoke, VA 24012 310 Elm Avenue Roanoke, VA 24016 3130420 4140501 4140502 3140503 3140504 3140505 3140506 3140507 3140508 3140509 3140510 3140612 3140613 3140614 3140620 3140817 6 R I A II, L.L.C. EXHIBIT C (Continued) Post Office Box 2143 Roanoke, VA 24009 3140301 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: ¢lerk~ci.roanok¢.va.us STEPHAN1E M. MOON I~puty City Clerk SHEILA N. HARTMAN Assistant City Clerk September 19, 2003 File #51 John H. Lipscomb, Managing Partner L & M Properties, L. L. C. 3330 Hollins Road, N. E. Roanoke, Virginia 24012 Dear Mr. Lipscomb: I am enclosing copy of Ordinance No. 36489-091503 rezoning a tract of land located at 2820 Ridgefield Avenue, N. E., consisting of 0.1055 acre, more or less, identified as Official Tax No. 3130303, from HM, Heavy Manufacturing District, to RM-1, Residential Multifamily, Low Density District. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 15, 2003, and is in full force and effect upon its passage. Mary F. Parker, CMC City Clerk MFP:ew Enclosure John H. Lipscomb September 19, 2003 Page 2 pc: Mr. and Mrs. David R. Hedge, 2814 Ridgefield Street, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Russell L. Carter, 2817 Ridgefield Street, N. E., Roanoke, Virginia 24012 Phillip Clark, Hollins Road North Civic League, 1222 Liberty Road., N. E. Roanoke, Virginia 24012 Richard Hendrick, Hollins Road North Civic League, 933 Missouri Avenue, N. E., Roanoke, Virginia 24012 Darlene L. Burcham, City Manager Rolanda B. Russell, Assistant City Manager for Community Development Mar[ha P. Franklin, Secretary, City Planning Commission Susan S. Lower, Acting Director, Real Estate Valuation 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 15th day of September, 2003. No. 36489-091503. AN ORDINANCE to amend {}36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 313, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City; and dispensing with the second reading by title of this ordinance. WHEREAS, L & M Properties, L.L.C., has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned fzom HM, Heavy Manufacturing District, to RM-1, Residential Multi family, Low Density District; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by {}36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on such application at its meeting on September 18, 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 and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 313 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: That certain tract of land located at 2820 Ridgefield Street, N.E., consisting of 0.1055 acre, more or less, and designated on Sheet No. 313 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 3130303, be, and is hereby rezoned from HM, Heavy Manufacturing District, to RM-1, Residential Multifamily, Low Density District, as set forth in the Petition filed in the Office of the City Clerk on July 1,2003, and that Sheet No. 313 of the Zone Map be changed in this respect. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. City Clerk. CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning~ei.roanoke.va.us 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 Bevedy T. Fitzpatrick, Jr., Council Member Honorable Linda F. Wyatt, Council Member September 15, 2003 Dear Mayor Smith and Members of City Council: Su~e~: Request from L & M Properties, LLC, that one tract of land located at 2820 Ridgefield Street, N.E., identified as Official Tax Map Number 3130303, consisting of 0.1055 acre, more or less, be rezoned from HM, Heavy Manufacturing District, to RM-1, Residential Multifamily, Low Density District. Planning Commission Action: Planning Commission public hearing was held on Thursday, August 21, 2003. By a vote of 7-0, the Commission recommended the rezoning request be approved. Background: The property that is the subject of the rezoning request is a 0.1055-acre lot located within the fence that encloses the site of the former Halmode Apparel Plant. The one-story, 750-square foot, wood frame residential structure located on the lot was built in 1925. Considerations: The subject property is bounded on the north and west (to the side and rear of the subject lot) by a site currently zoned HM, Heavy Manufacturing, and formerly utilized by Halmode Apparel. That site is the subject of a current petition to rezone from HM, Heavy Manufacturing, to LM, Light Manufacturing District. All properties directly to the south of the subject property fronting on Ridgefield Road are zoned RM-1, Residential Multifamily, Low Density District, and are developed residentially. Properties directly to the east on the opposite side of Ridgefield Road are also zoned RM-1 and are developed as single-family dwellings. The request to rezone the subject property to RM-1, Residential Multifamily, Low Density District, is consistent with the following policy of Vision 2001-2020, the City's Comprehensive Plan: NH P5. The City will have a balanced, sustainable range of housing choices in all price ranges and design options that encourage social and economic diversity throughout the City. Although the subject property is currently located within the fence enclosing the site of the former Halmode Apparel distribution center, it is a separate tract of land from the Halmode site. Rezoning of the subject property to RM-1 would make the residential structure conforming and allow for its improvement and viable utilization as a residential structure, the purpose for which it was originally constructed. The requested RM-1 zoning designation and single-family residential use would be consistent with the balance of the block in which the subject property is located. Staff has received no letters in opposition to this petition. During the Planning Commission public hearing, John H. Lipscomb, Managing Partner of L & M Properties, the petitioner, presented the request. Nancy Snodgrass, City Planner, presented the staff report, recommending approval of the request. Recommendation: Given the potential for retaining and utilizing a viable residential structure adjacent to other residential properties, the Planning Commission recommends approval of the request to City Council. Respectfully submitted, Robert B. Manetta, Chairman Roanoke City Planning Commission CC; Dadene L. Burcham, City Manager Rolanda Russell, Assistant City Manager for Community Development William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney John H. Lipscomb, L & M Properties, Petitioner 2 PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINIA IN RE: Rezoning of one tract of land located at 2820 Ridgefield Avenue, N.E., identified as Roanoke City Tax Map Number 3130303, consisting of 0.1055 acre, more or less, from HM, Heavy Manufacturing to RM-1, Residential Multifamily, Low Density. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, L & M Properties, L.L.C., is the owner of land in the city of Roanoke, Virginia, containing 0.1055 acre, more or less, located at 2820 Ridgefield Avenue, N.E., and being Tax Map Number 3130303. Said parcel is currently zoned HM, Heavy Manufacturing District. A map of the property to be rezoned is attached as Exhibit A. A concept plan is attached as Exhibit B. Pursuant to Section 36.1-890, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from HM, Heavy Manufacturing District, to RM-1, Residential Multifamily, Low Density District, for the purpose of residential use of the existing structure adjacent to other residential uses. The Petitioner believes that 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 allow the property to be used for the purpose for which the single family residential structure was originally intended. Attached as Exhibit C are the names, addresses, and tax numbers of the owner or owners of all lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. 1 WHEREFORE, the Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 1't day of July, 2003. Respectfully submitted, L & M Properties, L.L.C. ~6h~ H. Lipsc0mb, ~el~ber Managing Partner L & M Properties 3330 Hollins Road, Northeast Roanoke, Virginia 24012 540-563-9903 2 EXHIBIT A EXHIBIT B 7¢Iq i o r Ira In I I g. OOc, I,~ 4 /0 EXHIBIT C Name David R. & Karen B. Hedge Russell L & Barbara M. Carter Russell L. & Barbara M. Carter L & M Properties, LLC Address 2814 Ridgefield Street, NE Roanoke, VA 24013 2817 Ridgefield Street, NE Roanoke, VA 24012 2817 Ridgefield Street, NE Roanoke, VA 24012 3330 HollJns Road, NE Suite A Roanoke, VA 24012 Tax Numbers 3130304 3130403 3130404 5 3130202 3130204 )7 3130206 2820 Ridgefield Avenue, NE HM Subject Property 3130301 S The Roanoke Times Roanoke, virginia Affidavit of Publication The Roanoke Time ROANOKE CITY CLERK'S 215 CHURCH AVE. RM 456 ATT: MARY PARKER, CL ROANOKE VA 24011 REFERENCE: 80023382 02202464 Ridgefield Street 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 __~_' d~y of September 2003. Witness my hand and ~~' ~, ~~ Notary Public . PUBLISHED ON: 08/29 09/05 TOTAL COST: FILED ON: 253.00 09/05/03 S ignature:__J_~/~_~__~_F~/~ 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 September 15, 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 HM, Heavy Manufacturing District, to RM-1, Residential Multifamily, Low Density District, the following property: That certain tract of land located at 2820 Ridgefield Street, N.E., consisting of 0.1055 acre, more or less, and designated on Sheet No. 313 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 3130303. 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, September 1 I, 2003. GIVEN under my hand this 27ich day of August ,2003. Mary F. Parker, City Clerk. N-Rezo-L&M,L.L.C.(Ridgefiekl)091503 Notice to Publisher: Publish in the Roanoke Times once on Friday, August 29, 2003, and once on Friday, September 5, 2003. Send bill and affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk~ci.roanoke.va.us September 8, 2003 File #514 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk John H. Lipscomb, Managing Partner L & M Properties, L. L. C. 3330 Hollins Road, N. E. Roanoke, Virginia 24012 Dear Mr. Lipscomb: 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, September 15, 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 L & M Properties, L. L. C., that property located at 2820 Ridgefield Avenue, N. E., identified as Official Tax No. 3130303, consisting of 0.1055 acre, more or less, be rezoned from HM, Heavy Manufacturing District, to RM-1, Residential Multi-family, Low Density 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 September 15 public hearing. Failure to appear could result in a deferral of the matter until a later date. Mary F. Parker, CMC City Clerk MFP:ew Enclosure N:\CKEW1 \public hearings 03~sept 15 att letter .wpd MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avanu¢, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk~ci.roanoke.va.us September 8, 2003 STEPHANIE M. MOON Deputy City Clerk SHEII~ N. HARTMAN Assistant City Clerk David R. & Karen B. Hedge 2814 Ridgefield Street, N. E. Roanoke, Virginia 24012 Russell L. & Barbara M. Carter 2817 Ridgefield Street, N. E. Roanoke, Virginia 24012 L & M Properties, L. L. C. 3330 Hollins Road, N. E., Suite A Roanoke, Virginia 24012 Ladies & 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, September 15, 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 L & M Properties, L. L. C., that property located at 2820 Ridgefield Avenue, N. E., identified as Official Tax No. 3130303, consisting of 0.1055 acre, more or less, be rezoned from HM, Heavy Manufacturing District, to RM-1, Residential Multi-family, Low Density District. 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. 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. Mary F. Parker, CMC City Clerk MFP:ew Enclosure N:\CKEWl\public headngs 03\sept 15 att letter .wpd TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: L & M Properties, LLC, 2820 Ridgefield Avenue, S.E. ) Tax No. 3130303 from HM to RM-1 )AFFIDAVIT COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 21st day of July, 2003, notices of a public hearing to be held on the 21st day of August, 2003, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel 3130301 3130303 3130304 Owner's Name Petitioner David and Karen Hedge 3130402 3130403 3130404 Russell and Barbara Carter Mailing Address 2814 Ridgefield Street Roanoke, VA 24012 2817 Ridgefield Street, NE Roanoke, VA 24012 Also sent to: Phillip Clark and Richard Hendrick, Hollins Road North Civic League ~ Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 21st day of July, 2003. Notary Public My Commission Expires: MARY F. PARKER. CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk~ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk July 3, 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 petition received in the City Clerk's Office on July 1,2003, from L & M Properties, L.L.C., requesting that property located at 2820 Ridgefleld Avenue, N. E., identified as Official Tax No. 3130303, consisting of 0.1055 acre, more or less, be rezoned from HM, Heavy Manufacturing District, to RM-1, Residential Multi-family, Low Density District. Mary F. Parker, CMC City Clerk MFP:mh Enclosure N:\CKMH l\Rezonings - Street. Alley Closings.03\L&M Properties, LLC Rezoning (Ridgefield).wpd Robert B. Mane~a July 3,2003 Page 2 The Honorable Mayor and Members of the Roanoke City Council John H. Lipscomb, Managing Partner, L&M Properties, 3330 Hollins Road, N. E., Roanoke, Virginia 24012 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 N:\CKMHlhRezonings - Street. Alley Closings.03~L&M Properties, LLC.Rezoning (Ridgefield).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.roanok¢.va, us STEPHAN1E M. MOON Deputy City Clerk SHEII~ N. HARTMAN Assistant City Clerk September 19, 2003 File #51 Dr. Dennis B. Weiserbs, Managing Member GCSWVA Co., LLC 2012 Stephenson Avenue, S. W. Roanoke, Virginia 24014 Dear Dr. Weiserbs: I am enclosing copy of Ordinance 36490-091503 rezoning a tract of land located at the corner of Duke of Glouchester Street, S. W., (private) and Duke of GIouchester Street, S. W. (public), containing 1.3 acre, more or less, identified as a portion of Official Tax No. 5500114, from RM-2, Residential Multifamily, Medium Density District, to C-1, Office District, subject to certain conditions proffered by the petitioner. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 15, 2003, and is in full force and effect upon its passage. A ~,.~, .~, ~Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosure Dr. Dennis B. Weiserbs September 19, 2003 Page 2 pc: Roanoke Associates, P. O. Box 2152, Roanoke, Virginia 24009 Boone, Boone & Loeb, Inc., P. O. Box 8614, Roanoke, Virginia 24014 Virginia Tech Foundation, Inc., Room 141,526 Prices Fork Road, Blacksburg, Virginia 24061 Paramount Southern, P. O. Box 2002, Greenville, South Carolina 29602 Darlene L. Burcham, City Manager Rolanda B. Russell, Assistant City Manager for Community Development Martha P. Franklin, Secretary, City Planning Commission Susan S. Lower, Acting Director, Real Estate Valuation Ronald L. Smith, Building Commissioner Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 2003. ~o. 36490-091503. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 550, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading of this ordinance by title. WHEREAS, GCSWVA Co., L.L.C., has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from RM-2, Residential Multifamily, Medium Density District, to C-l, Office District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on such application at its meeting on September 15, 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 and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 550 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular manner and no other: The certain tract of land located at the comer of Duke of Glouchester Street, S.W., (private) and Duke of Glouchester Street, S.W., (public), containing 1.3 acres, more or less, and designated on Sheet No. 550 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 5500114, be, and is hereby rezoned from RM-2, Residential Multifamily, Medium Density District, to C- 1, Office District, subject to the proffers contained in the First Amended Petition filed in the Office of the City Clerk on August 6, 2003, and that Sheet No. 550 of the 1976 Zone Map be changed in this respect. 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. Rife + Wood ARCHITECTS 1326 Grandin Road Roanoke, VA 24015 September 15, 2003 - Hand Delivered Mrs. Mary F. Parker, CMC City Clerk 215 Church Avenue, Room 456 Roanoke, VA 24011-1536 Re: Rezoning Request of CJCSWVA Co., LLC Portion of Official Tax No. 5500114 Dear Mrs. Parker, As Architect for the referenced proposed project, I will be representing GCSWVA Co., LLC, for its proposed rezohing of property located at the comer of Duke of Glouchester Street, SW (private), and Duke of Glouchester Street, SW (public), identified as a portion of Official Tax No. 5500114, at the Public Hearing on September 15, 2003. Please allow me to amend our Pffrition for Rezoning by the addition of the following proffer: "As a condition of the requested rezoning, GCSWVA Co., LLC, will install and maintain on the site deciduous trees of sufficient size and quantity so as to provide, at maturity, a combined tree canopy equivalent to or exceeding 25% of the area of the site." I will be happy to address any questions on this matter during the public hearing. Sincerely yours, Rife + Wood Architects Richard A. Rife, AIA Managing Principal Agent for GCSWVA Co., LLC Fax copy: Dr. Dennis Weiserbs Bob Crawford tel: (540) 344~6015 fax: (540) 344-5982 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: plan ning¥~ci.roanoke.va.us Architectural Review Board Board of Zoning Appeals Planning Commission Honorable Ralph K. Smith, Mayor Honorable C. Nelson Harris, Vice Mayor Honorable William D. Bostpitch, Council Member Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, dr., Council Member Honorable Beverly T. Fitzpatrick, dr., Council Member Honorable Linda F. Wyatt, Council Member September 15, 2003 Dear Mayor Smith and Members of City Council: Subject: Request from GCSWVA Co., LLC, to rezone a tract of land totaling 1.3 acres, more or less, at the corner of Duke of Glouchester Street, S.W., (private) and Duke of Glouchester Street, S.W., (public) in the City of Roanoke, identified as a portion of Tax Map #5500114 from RM-2, Residential Multifamily, Medium Density District, to C-1, Office District, such rezoning to be subject to certain conditions. Planning Commission Action: Planning Commission public hearing was held on Thursday, August 21, 2003. By a vote of 5-0-2 (Messrs. Rife and Butler abstaining), the Commission recommended the rezoning request be approved. Background: A Petition to Rezone, with conditions, was filed on July 3, 2003. A First Amended Petition to Rezone, with conditions, was filed on August 6, 2003, in order to correctly delineate the areas of the required landscaped buffer yards. The rezoning request is for 1.3 acres of vacant land on the southern portion of Tax Map Parcel #5500114, with said Tax Map Parcel to be subdivided at a later date in accordance with the metes and bounds description of the petition to rezone. The petitioner proposes to construct a medical clinic on the subject property. Conditions proffered by the petitioner are as follows: 1. That the property will be developed in substantial conformity with the site plan prepared by Rife and Wood, Architects, dated May 28, 2003, a copy of which is attached to the Petition for Rezoning as Exhibit C, subject to any changes required by the City during the Comprehensive Site Plan review. 2. That the following C-1 permitted and special exception uses would be the only uses permitted on the property: a. General and professional offices; b. Medical offices; and c. Medical clinics Considerations: The subject property is located in a mixed-use neighborhood. Surrounding land uses and zoning districts include the following: · A multifamily development to the northeast zoned RM-2, Residential Multifamily, Medium Density District; · A single-family dwelling on the balance of Tax Map No. 5500114 zoned RM-2, Residential Multifamily, Medium Density District; A vacant lot to the southwest zoned RM-2, Residential Multifamily, Medium Density District; · A radio station to the southeast on the opposite side of Kingsbury Lane zoned C-1, Office District; and · Within a one-block radius of the subject property, the Franklin Road commercial corridor zoned C-2, General Commemial, and a residential development along Kingsbury Lane zoned RPUD, Residential Planned Unit Development. The petition to rezone the subject property is consistent with the following design principles of Vision 2001-2020, the City's Comprehensive Plan: · Commemial buildings should be located very close to streets (p.95). · Off-street parking should be located at the side or rear of buildings (p.93). Because of the transitional nature of this property being situated between existing commercial development along Duke of Glouchester and multifamily development, the proposed change in use is a reasonable development strategy that is consistent with the City's Comprehensive Plan. The proffered general and professional offices, medical office, and medical clinic are compatible uses with the mixed-use character of the area. 2 In addition to the proffered site plan's location of the building close to the street with parking to the side and rear, the entrance to the site and parking lot is located on Duke of Glouchester away from the adjoining residential uses. Although Tax Map #5500115, abutting the subject property on the southwest, is a vacant parcel zoned RM-2, Residential Multifamily, Medium Density District, its residential development would be limited by its topography and the adjacent land uses including 1-581 and a shopping center. Two of the proffered uses, general and professional offices and medical offices are permitted by right in the C-1, Office District. The third proffered use, medical clinic, requires the approval of a special exception by the Board of Zoning Appeals. If the subject property is rezoned to C-1, Office District, the zoning ordinance will require the following landscaping: · A ten-foot wide landscaped buffer along all abutting residentially zoned properties; · Landscaping of five percent of the parking lot area; and · Provision of street trees for each fifty feet of street frontage. Given that trees are not required to meet the parking lot landscaping regulations, and evergreens are often used to satisfy buffer requirements, the landscaping requirements, as currently codified, could be accomplished with minimal tree canopy being preserved or replaced on what is currently a fully vegetated site. Staff has not received any letters in opposition to the petition. During the Planning Commission public hearing, Mr. Richard Rife, architect for the project, presented the request. Nancy Snodgrass, City Planner, presented the staff report, recommending approval of the request. Planning Commission discussion centered on the following issues: · The provision of sidewalks: With the impending subdivision of the subject site from the parent tax parcel, subdivision regulations will require curb and gutter and sidewalks along the site where it abuts the public section of Duke of GIouchester. · Tree canopy: Considerable discussion occurred regarding the provision of deciduous trees on the site to replace existing tree canopy. Mr. Williams recommended that the development review process require the planting of as many deciduous trees as possible in satisfying the landscaping buffer requirements (in lieu of predominantly evergreens), taking into account the Iow intensity of the proposed use and the separation of the apartments by a right- of-way. Recommendation: Because of the transitional nature of the property, and given the current mixed- land use pattern surrounding the subject property, the Planning Commission recommends to City Council that the request for rezoning to C-1, Office District, with proffered conditions, be approved. Because of concerns about site development in regard to tree canopy, the Commission recommended that during the comprehensive site plan development process the petitioner maximize the planting of deciduous tree cover and that buffering using evergreens be limited to the parking lot next to Duke of Glouchester. Respectfully submitted, Robert B. Manetta, Chairman Roanoke 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 Dr. Dennis B. Weiserbs, Petitioner 4 834 Duke of Glouchester St, SW AMENDED PETITION TO REZONE IN THE COUNCIL OF TH~ CITY OF RO~J~OKE, VIRGINIA INRE: Rezoning of property totaling 1.3 acres, more or less, at the coruer of Duke of G]ouchester Street, S.W., (private) and Duke of Glouchester Street, S.W., (public) in the City of Roanoke, identified as a portion of Tax Map # 5500114 from RM-2, Residential Multifami]y, Medium Density District, to C-l, Office District, such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, GCSWVA Co., LLC, is the contract purchaser of property in the Ciw of Roanoke containing 1.3 acres, more or less, located at the corner of Duke of Glouchester Street, S.W., (private) and Duke of Glouchester Street, S.W., (public), which is a portion of Tax Map #5500114. Said property is currently zoned RM-2, Residential Multffamily, Medium Density District. A map of the property to be rezoned is attached as Exhibit A. Pursuant to Section 36.1.690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from RM-2, Residential Multifamkly~ Medium Density Distxict to C-l, Office District, subject to certain conditions set forth below. for the purpose of construction ora medical clinic. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and it's comprehensive plan, in that it will provide high paying jobs, be a neighbor amenity and increase tax revenues. Attached as Exhibit B is a legal description of the subject property requested to be rezoned. The Petitioner hereby proffers and agrees that if the said tract is rezoned as required, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions: 1. That the property will be developed in substantial conformity with the site plan prepared by Rife and Wood, Architects, dated August ~[. 2003, a copy of which is atlached lo the Petition for Rezoning as Exhibit C, subject to any changes required by the City during the Comprehensive Site Plan review. 2. That the following C-1 permitted and special exception uses would be the only uses permitted on the property: (a) General and professional offices; (b) Medical offices; and (c) Medical clinics. Attached as Exhibit D are the names, addresses and tax numbers of the owner or owners of afl lots or property immediately adjacent to and immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the Cit.), of Roanoke. Respectfully submitted this 6th day of August, 2003. Respectfully submitted, By: Dr. Dennis B. Weiserbs, MI) Managing Member 2012 Stephenson Avenue, S.W. Roanoke, VA 24014 540-345-4900 Exhibit D LISTING OF ADJOINING PROPERTY OWNERS Official T~x No./ Street Address 5500110 N~me of Property Owner ~L~ Tech Foundation, Inc. Mailing Address 526 Phces Fork Rd. Room141 Blacksburg, VA 24061 5500115 Paramount Southern P.O. Box 2002 Greenville, SC 29602 5501011 D and J Associates P.O. Box 21096 Roanoke, VA 24018 Exhibit B Comm: 2003-163 BEGINNING al an existing iron pin being the southwesterly comer of the Williamsburg Manor Apartments Roanoke Associates, LLC, being a portion of Roanoke City Tax Map #5500114, Tract C, Deed Book 1389, Page 700 and also being the southeasterly comer of Tax Map 5500] 16, property of Mer-Mar Enterprises, Deed Book 1656, Page 598, both properties located on the northwesterly side of Duke of Glouchester Street, SW, a 50' public right-of-way; thence leaving the right-of-way of Duke of Glouchester Street, SW and with the common line between the properties of Mer-Mar Enterprises and Williamsburg Manor Apartments, N 39° 33' 25" W, 335.00 feet to an iron pin set on said common line and thence with eleven (11) new division lines through said Tract C as follows; thence N 44° 29' 17" E, 153.25 feet Io a point on Ihe existing back of curb of Duke of G]ouchester Street, a private road serving the Williamsburg Apartments; thence running along said back of curb for the foliowing ten (10) courses to the existing public right-of-way line of the Duke of Glouchesler Street, SW; thence along the arc of a curve to the left 22.32 feet, said curve having a delta angle of 0° 11' 52", a radius of 6464.90 feet, a tangent of 11.16 feet and a chord of S 48° 09' 11" E, 22.32 feet lo a point on said back of curb line; thence along lhe arc ora curve to the left 13.05 feet, said curve having a delta angle of 3° 05' 39", a radius of 192.87 feet, a tangent of 6.53 feet and a chord of S 50° 11' 26" E, 13.05 feet to a point on said back of curb line; thence along the arc ora curve to the left 24.27 feet, said curve having a delta angle of 2° 05' 06", a radius of 666.81 feet, a tangent of 12.13 feet and a chord of S 53° 10' 18' E, 24.26 feet to a point on said back of curb line; thence S 53° 31' 13" E, 54.26 feet point on said back of curb line; thence along the arc of a curve to the right, 54.45 feet, said curve having a delta angle of 26° 34' 39", a radius of I 17.39 feet, a tangent of 27.72 feet and a chord of S 40° 00' 10" E, 53.96 feet to a poim on said back of curb line; thence along the arc ora curve to the let~ 45.37 feet, said curve having a delta angle of 4° 18' 04", a radius of 604.42 feet, a tangent of 22.70 feet and a chord of S 28° 53' 10" E, 45.36 feet to a point; thence S 32* 46' 01" E, 5.96 feet to a point; thence S 36° 12' 54" E, 48107 feet to a point; thence 38° 24' 26" E, 35.91 feet to a point; thence 40° 31' 58" E, 34.16 feet to a point; thence with the northerly right-of-way line of Duke of Glouchester Street, SW, a public right-of- way, and leaving said back of curb and running along the existing aforesaid right-of-way, S 44° 29' 17" W, 166.24 feet to the point of BEGINNING and containing 56,353 square feet, 1.294 acres. WIDE 30' F,~OH'I' 'i'AY-D ~.AN~6AFE ~ o~ - 5/7-~ P/..AA/ 5/-.ALE: I':~aO' J AU&IdST 2o05 6~A6TF'-OEHTEgZ)LO&~' &.OHSLILTANT,5 I~IPE .,wood OF '5OLITHW'£ST N'IE~IHIA/INd. AI~(-.,HITEc'{5 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 02202478 Duke of Glouchester 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 Vis. ia. Sworn and subscribed before me this __~_w_~_ day of September 2003. Witness my hand and My 'c/mm ~s s i o n e xp i r e s -~- ----~_---_--~_ ~__~___0_(J_~___. PUBLISHED ON: 08/29 09/05 TOTAL COST: FILED ON: 257.60 09/05/03 Authorized / · 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 September 15, 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-2, Residential Multifamily, Medium Density District, to C-l, Office District, subject to certain proffered conditions, the following property: That certain tract of land located at the comer of Duke of Glouchester Street, S.W., (private) and Duke of Glouchester Street, S.W., (public), containing 1.3 acres, more or less, identified as a portion of Tax Map No. 5500114. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, 853-2541, by Thursday, September 11, 2003. GIVEN under my hand this 27th day of August ,2003. Mary F. Parker, City Clerk. H \NOTICES\N-REZOGCSWVACO ,LLC091503 DOC Notice to Publisher: Publish in the Roanoke Times once on Friday, August 29, 2003, and once on Friday, September 5, 2003. Send bill and affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 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) $53-2541 Fax: (540) 853-1145 E-mail: clerk~¢i.roanoke.va.us September 8, 2003 File #514 STEPHANIE M. MOON Deputy City Clerk SHEIL~ N. HARTMAN Assistant City Clerk Dr. Dennis B. Weiserbs, Managing Member GCSWVA Co., LLC 2012 Stephenson Avenue, S. W. Roanoke, Virginia 24014 Dear Dr. Weiserbs: 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, September 15, 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 your request that property located at the corner of Duke of Glouchester Street, S. W., (private) and Duke of Glouchester Street, S. W. (public), containing 1.3 acre, more or less, identified as a portion of Official Tax No. 5500114, be rezoned from RM-2, Residential Multifamily, Medium Density District, to C-1, Office District, subject to certain conditions proffered by the petitioner. 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 September 15 public hearing. Failure to appear could result in a deferral of the matter until a later date. MFP:ew Enclosure Sincerely,~Par~ker Mary F. City Clerk N:\CKEWl~public heatings 03\sept 15 att letter ,wpd MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Chumh Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 F~x: (540) 853-1145 E-mail: clerk~ci.roanoke.va~us September 8, 2003 STEPHANIE M. MOON Deputy Cit~ Clerk SHEILA N. HARTMAN Assistant City Clerk Roanoke Associates P. O. Box 2152 Roanoke, Virginia 24009 Virginia Tech Foundation, Inc. 526 Prices Fork Road, Room 141 Blacksburg, Virginia 24061 Boone Boone & Loeb Inc. P. O. Box 8614 Roanoke, Virginia 24014 Paramount Southern P. O. Box 2002 Greenville, South Carolina 29602 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, September 15, 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 GCSWVA Co., L.L.C. that property containing 1.3 acre, more or less, located at the corner of Duke of Glouchester Street, S. W., (private) and Duke of Glouchester Street, S. W. (public), identified as a portion of Official Tax No. 5500114, be rezoned from RM-2, Residential Multifamily, Medium Density District, to C-1, Office District, subject to certain conditions proffered by the petitioner. 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. 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. Mary F. Parker, CMC City Clerk MFP:ew N:\CKEWl\public headngs 03\adjoining property owners sept 2003.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 F~x: (540) 853-1145 E-mail: clerk~,ci.ro an oke.va.us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk August 8, 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 an amended petition received in the City Clerk's Office on August 6, 2003, from GCSWVA Co., LLC, requesting that property containing 1.3 acre, more or less, located at the corner of Duke of Glouchester Street, S. W., (private) and Duke of Glouchester Street, S. W. (public), identified as a portion of Official Tax No. 5500114, be rezoned from RM-2, Residential Multifamiiy, Medium Density District, to C-1, Office District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure HSRezonings - Street.Alley Closings.03\GCSWCA.Rezoning.amended.wpd 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, August 21,2003, 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., to consider the following: Request from GCSWVA Co., LLC, represented by Dennis B. Weiserbs, MD, Managing Member, that property located on Duke of Glouchester Street, S.W., being a 1.3 acre portion, more or less, of Official Tax No. 5500114, be rezoned from RM-2, Residential Multifamily, Medium Density District, to C-1, Office District, such rezoning to be subject to certain conditions proffered by the petitioner. A copy of said application is available for review in the Department of Planning 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, August 5 and 12, 2003 Please charge: Dr. Dennis B. Weiserbs, MD 2012 Stephenson Avenue, SW Roanoke, VA 24014 (540) 345-4900 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 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: GCSWVA Co.,on Duke of Glouchester Street, S.W. Tax No. 5500114 from RM-2 to C-1, conditional COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) ) )AFFIDAVIT 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 July, 2003, notices of a public hearing to be held on the 21st day of August, 2003, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parce! 1290101 1290132 1290133 1290134 5500113 Owner's Name Roanoke Associates Mailin~ Address P O Box 2152 Roanoke, VA 24009 1290175 1290193 Boone Boone & Loeb Inc. P OBox 8614 Roanoke, VA 24014 5500110 5500115 VA Tech Foundation, Inc. Room 141 Paramount Southern 526 Prices Fork Road Blacksburg, VA 24061 P O Box 2002 Greenville, SC 29602 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 21st day of July, 2003. ary ~ublic My Commission Expires: ~-~<~ -(3 -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 Fax: (540) 853-1145 E-maih clcrk~ci.roanok¢.va.us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk July 8, 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 petition received in the City Clerk's ©ffice on July 3, 2003, from GCSWVA Co., LLC, requesting that property containing 1.3 acres, more or less, located at the corner of Duke of Glouchester Street, S. W., (private) and Duke of GIouchester Street, S. W. (public), identified as a portion of Official Tax No. 5500114, be rezoned from RM-2, Residential Multifamily, Medium Density District, to C-1, Office District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure N:\CKMHl~Rezonings - Street. Alley Closings.03\GCSWCA.Rezoning.wpd Robert B. Manetta July 8, 2003 Page 2 The Honorable Mayor and Members of the Roanoke City Council Dr. Dennis B. Weiserbs, Managing Member, GCSWVA Co., LLC, 2012 Stephenson Avenue, S. W., Roanoke, Virginia 24014 Willard N. Claytor, Director, Real Estate Valuation Mar[ha 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:\CKMHlXRezonings - Street. Alley Closings.03\GCSWCA.Rezoning.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: clcrk@ci.roanoke.va.us September 19, 2003 File #165-200 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Robert B. Manetta, Chair Fredrick M. Williams Richard A. Rife Paula L. Prince Gilbert E. Butler, Jr. D. Kent Chrisman Henry Scholz City Planning Commission Dear Ms. Prince and Gentlemen: I am enclosing copy of Ordinance No. 36491-091503 approving the Norwich Neighborhood Plan, and amending Vision 2001-202Q, the City's Comprehensive Plan, to include the Norwich Neighborhood Plan. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 15, 2003, and is in full force and effect upon its passage. Mary F. Parker, CMC City Clerk MFP:ew Enclosure pc: Peggy Blankenship, Norwich Neighborhood Alliance, 2316 Russell Avenue, S. W., Roanoke, Virginia 24015 Darlene L. Burcham, City Manager Rolanda B. Russell, Assistant City Manager for Community Development Martha P. Franklin, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 2003. No. 36491-091503. AN ORDINANCE approving the Norwich Neighborhood Plan, and amending Vision 2001 - 2020, the City's Comprehensive Plan, to include the Norwich Neighborhood Plan; and dispensing with the second reading of this ordinance by title. WHEREAS, the Norwich Neighborhood Plan (the "Plan") was presented to the Planning Commission; WHEREAS, the Planning Commission held a public hearing on August 21,2003, and recommended adoption of the Plan and amending Vision 2001 - 202Q, the City's Comprehensive Plan (the "Comprehensive Plan"), to include such Plan; and WHEREAS, in accordance with the provisions of {}15.2-2204, Code of Virginia (1950), as amended, a public hearing was held before this Council on Monday, September 15, 2003, on the proposed Plan, at which hearing all citizens so desiring were given an opportunity to be heard and to present their views on such amendment. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That this Council hereby approves the Norwich Neighborhood Plan and amends Vision 2001- 2020, the City's Comprehensive Plan, to include the Norwich Neighborhood Plan as an element thereof. 2. That the City Clerk is directed to forthwith transmit attested copies of this ordinance to the City Planning Commission. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. City Clerk. Architectural Review Hoard Board of Zoning Appeals Planning ( ommission CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning~ci.roanoke.va.us September 15, 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: Norwich Neighborhood Plan Planning Commission Action: The Planning Commission public hearing was held on Thursday, August 21, 2003. By a vote of 7-0, the Commission recommended approval of the Norwich Neighborhood Plan as a component of Vision 2001-2020. Background: Located in the bottomland of the Roanoke River, Norwich is surrounded by residential areas on three sides: Hurt Park lies to the north, Raleigh Court (with access from Memorial Avenue to Roanoke Avenue) lies to the south, and Mountain View (with access from Patterson Avenue to Bridge Street) lies to the east. A spur line of the former Norfolk & Western Railroad runs along the northern edge of Norwich beside the Roanoke River, and the railroad repair shop area known as Shaffer's Crossing, lies northwest of Norwich across the river. Norwich is a unique neighborhood that was developed in the late 1800s for industrial use along the south side of the Roanoke River. All of the single-family homes in Norwich were built prior to WWII, and mostly between 1890 and 1908 for the workers and managers of the mills and factories that once flourished along the river. Much of this industrial land now remains vacant and can be radeveloped for recreational use. A core of historic houses remains in the middle of Norwich with heavy and light manufacturing and multifamily housing forming the perimeter of the community. Three public workshops were held with the neighborhood in early 2003. Various City staff attended these meetings and staff worked closely with the Norwich Neighborhood Alliance throughout the process. Considerations: In the planning process, residents and staff identified the following five issues facing the neighborhood: Unique, but aging housing stock · Lack of curb and guttering, and street trees · Previously self-supporting neighborhood that now lacks an identifiable core · Vacant land along the Roanoke River located in the floodway and flood plain · A popular park that could use some improvements (Norwich Park) To address these issues, the plan features five priority recommendations: 1) Housing renovation and revitalization Consider listing the core area of Norwich to the National Register of Historic Places as a Historic District. 2) Physical improvement of neighborhood gateways and side streets Develop a streetscape plan for Roanoke Avenue and Bridge Street with more on-street parking, curb and gutter, and tall canopy trees to help with traffic calming. 3) Encourage the establishment of a vibrant village center Expand the current CN zoning around Russell and Bridge Streets at Roanoke Avenue to reinforce the center of the neighborhood. 4) Develop a recreational use plan for the HM zoned land along the Roanoke River Utilize the Roanoke River Flood Reduction Project to provide more access to the vacant land to use as a park or greenway. 5) Improve the existing neighborhood park (Norwich Park) Consider more parking along Roanoke Avenue for ball games, and a separate play ground for small children. The five priority recommendations address the most prominent issues in the neighborhood, but are not comprehensive. The plan contains a number of other action items. Vision 2001-2020, the City's Comprehensive Plan, provided the framework for the plan. The policies and actions of the plan are consistent with those in Vision 2001- 2020. Recommendation: The Planning Commission recommends that City Council approve the Norwich Neighborhood Plan as a component of Vision 2001-2020. Respectfully submitted, Robert B Marietta, Chairman ~ Roanoke 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 IN THE PLANNING COMMISSION OF THE CITY OF ROANOKE, VIRGINIA This 21st day of August, 2003 A RESOLUTION recommending the adoption of the Norwich Neighborhood Plan as an element of the City's Comprehensive Plan. WHEREAS, a series of community workshops were held in the Norwich neighborhood to gain input into the plan; WHEREAS, the draft plan has been reviewed by the neighborhood, city staff, and the Long Range Planning Committee of the City of Roanoke Planning Commission; and WHEREAS, the Norwich Neighborhood Plan has been advedised in accordance with Section 15.2-2204 of the Code of Virginia (1950), as amended, and pursuant to that notice, a public hearing was held on August 21, 2003, at which all persons having an interest in the matter were given a chance to be heard. BE IT RESOLVED by the Planning Commission of the City of Roanoke that it recommends to City Council that the Norwich Neighborhood Plan, dated August 21, 2003, be adopted as an element of the City's Comprehensive Plan, and that by signature of its Chairman below, the Planning Commission hereby certifies the attached copy of the neighborhood plan to City Council. ATTEST: Chairman Introduction Norwich is a small, historic community that once thrived with factories, mills, salons, grocery stores, churches, a school, all supported by a community well from an underground spring. William Persinger built the first house near the spring around 1825. The two-story brick house formerly stood at the comer of Roanoke Avenue and Burkes Street. Located approximately two miles west of downtown, the neighborhood dates back to the late 1800s, when it was settled on the south bank of the Roanoke River with foundries and factories. The village flourished through the mid-twentieth century until a majority of its sustainable manufacturing plants, such as the Norwich Twine Mill and the Hams Hardwood Company lumber yard, succumbed to floods and fire. Since the 1960s, the area has remained essentially unchanged and residential in character with industrial infill development along its perimeter. The quiet neighborhood contains a few side streets, rows of historic workers' houses (shot-gun style houses), long-time residents, one park, two stores, three churches, and incredible potential for recreational land use along the river where the mill and lumber yard once stood. The residents pride themselves in their long and continuous ties to the neighborhood; one such family has resided there for five generations. There has been no modem residential infill development, and the core of the existing historic houses remains intact depicting a strong image of its earlier industrial heritage associated with the mills. Hurt Park View Raleigh Court Norwich I PLAN NEIGHBORHOOD ROANOKE VIRGINIA Contents: Introduction 1 Community Design 4 Residential Development 10 Economic Development 15 Infrastructure 18 Public Services 21 Quality of Life 22 Recommendations 25 Implementation 33 Acknowledgments vision August 21, 2003 Planning Building & Development Neighborhood Planning The planning staff involved the community in the development of this plan. Planners worked with Norwich residents in early 2003 through a series of workshops to identify priorities and issues of concern. Community input was used to develope the policies and actions in the plan. In 1985, Roanoke Vision, the City's comprehensive plan called for the preservation and enhancement of existing neighborhoods and recommended that city policies and actions support neighborhood revitalization and preservation. A major recommendation of Roanoke Vision was to develop plans for each neigh- borhood. The current comprehensive plan for the city, Vision 2001-2020 contin- ues support for neighborhood-based planning for a livable and sustainable city. Roanoke must work to retain its citizens and improve the livability of its neigh- borhoods. This plan recommends actions that can be carried out by citizens, the City, neighborhood organizations, and other supporting interests, as well as policies that are used to guide future decisions. Neighborhood and area plans are official documents that are adopted by City Council and become part of the city's Comprehensive Plan. These initiatives are reflected in the policies and actions located in the Recommendations section of this docun~ent. 2 High Priority Initiatives This plan proposes five priority initiatives: Housing renovation and revitalization Physical improvement of neighborhood gateways and side streets Encourage the establishment of a vibrant village center Develop a recreational use plan for the HM zoned land along the Roanoke River Improve the existing neighborhood park (Norwich Park) Plan Elements Discussion in this plan is organized into six major Plan Elements: Community Design Residential Development Economic Development Infrastructure Public Services Quality of Life Focus of the six major plan elements are: 1) The Community Design element looks at physical design features and land use pattems. 2) Residential Development addresses existing and new housing opportunities. 3) Economic Development deals with commercial and industhal development in the neighborhood. 4) The Infrastructure element evaluates trans- portation systems and utility systems. 5) Public services assesses the critical functions of the Fire/EMS, police and other city services. Finally, the 6) Quality of Life element addresses recreational opportunities, environmental issues, education, and community development. Each plan element depicts the current conditions and issues. Community Design Land Use & Zoning Patterns Norwich, located in the bortomland of the Roanoke River, is surrounded by residential areas on three sides: Hurt Park lies to the north, Raleigh Court (with access from Memorial Avenue to Roanoke Avenue) lies to the south, and Moun- tain View (with access from Patterson Avenue to Bridge Street) lies to the east. A spur line of the former Norfolk & Western Railroad runs along the northern edge of Norwich beside the Roanoke River, and the railroad repair shop ama known as Shaffer's Crossing, lies northwest of Norwich across the river. Along with Virginia Heights and Wasena, Norwich was annexed to the City in 1919, and is currently bordered by light and heavy industrial uses. The neigh- borhood is well-established with all of its housing stock built prior to World War I1. Much of the induslrially zoned land is now vacant due to fire and floods. 4 The historic streetscape along Roanoke Avenue where moxt houses were built around 1907. The zoning and land use pattems in Norwich can be summarized into five general categories: Traditional Residential - the southeast section of the neighborhood is primarily single-family detached houses. Zoned as a Residential Single- Family District (RS-3), it is intended to provide for medium population densities, and to promote and encourage the revitalization and preservation of single-family neighborhoods in the inner areas of the city. The district is also intended to allow for the development of small and irregularly shaped vacant lots with single-family detached dwellings. Single and Multifamily Residential - Single family homes and two multi- family developments (apartment complexes) along Mountain View Terrace and Berkely Avenue in the southwest portion of the community primarily make up the Residential Multifamily, Medium Density District (RM-2) area. The RM-2 District is intended to encourage the preservation and enhance- ment of city neighborhoods which have historically developed with medium population densities and to provide for a compatible mix of housing types which encourage innovative infill development and to accommodate the efficient use of utilities. Along Berkeley Avenue is a small RM-1 (Residen- tial Multifamily, Low Density) district comprised of 14 parcels. The purpose of this district is to encourage a mixture of single-family, two-family, and townhouse dwellings. Currently this area supports single-family, duplexes, and converted single-family homes to multifamily uses. Commercial corridors - A majority of the commercial development is found along Roanoke Avenue between Byme Street and Union Street. Although only a few parcels are zoned for commercial uses in the entire neighborhood, many businesses have located in light and heavy industrially zoned districts. Industrial Corridor - occupies the largest portion of land areas in the neighborhood, light and heavy industhally zoned parcels, which cover much of the northem portion of the neighborhood. Them is a dense concen- tration of light industrially zoned properties on Buford Avenue, between Warwick Street and Rolfe Street. Small village center - there is a small commercial node consisting of two parcels at the comer of Russell Avenue and Bridge Street. Zoned Neighborhood Commer- cial (CN), this type of district is intended to enhance existing neighborhood shopping areas and provide for a range of neighborhood retail and service establishments serving the local community. The residential areas of Norwich were zoned industrial in the 1960s, with the intention of slowly "converting" the ama to industrial uses. The area remained a viable residential commu- nity, and in 1999, city staffworked with residents to initiate a compre- hensive rezoning of the residential areas to RS-3 (Residential single- family) to preserve the existing single-family housing stock. Modern industrial infill along the perimeter of Norwich 6 Existing Zoning Zoning Districts ~ Single-& two-family Neighborhood Commercial L~ght industnal Heavy industrial 7 -) I I I / I I / / / Existing Land Use \ \ \ Physical Layout Norwich is nestled along the bottomland of the Roanoke River; the river sur- rounds the community to the north, and a wooded bluffalong Mountain View Avenue overlooks Norwich to the south. The streets in the area were originally dirt streets, and despite being paved, still do not have curb, gutters, or sidewalks. Some of the streets, such as Roanoke Avenue, am partially tree-lined. Houses are typically located close to the front property line and am closely spaced. Gravel alleys provide access for small outbuildings, utilities, and trash collections along the rear of these properties. There is little room for garages in Norwich. The majority of houses tend to be of the same scale, massing, and architecture, and most have front porches; the related house styles create a pleasing rhythm along the streets. Norwich was once a self-sustaining community with its own commercial, retail, and residential components. Being low-lying and flat, the area is more conducive to pedestrian and bicycle traffic than other hillier neighborhoods. Norwich Park, conveniently located along the main corridor of Roanoke Avenue, is well utilized by the citizens. Access to the Roanoke River, which can provide for better boating, fishing, and biking opportunities, is currently under- developed. Roanoke Avenue, the main street leading into Norwich from Memo- rial Avenue, needs to be beautified with landscaping and lighting improvements. The inviting gateway into the communi~ of Norwich along Roanoke Avenue. Residential Development Traditionally a neighborhood dominated by single-family detached dwellings, Norwich and the surrounding area offers a balance of single family and multi- family housing options. Over the past 10 years, the permiter of the area has seen a shift toward having more renter-occupied units. The majority of single family housing lies between Ashlawn Street and Warwick Street along Russell Avenue and Roanoke Avenue. Two multifamily developments located on Mountain View Terrace comprise the only multifamily developments in the neighborhood. Norwich has many good examples qf historic worker housing. 10 All of the existing single-family houses in the Norwich neighborhood was built prior to World War II, mostly between the 1890s and the 1920s for the employees of the factories and the mill. Housing in Norwich is quite aflbrdable. Smaller houses on compact lots make for good values and lower maintenance needs. Although it is a tight-knit community, some rental housing along the perimeter of Norwich has created a lower percentage of owner-occupied housing than the city-wide average. There are 303 occupied dwelling units in Norwich; 112 which are owner- occupied (37%) and 191 are renter-occupied (63%). In contrast, Roanoke has 56% owner-occupancy and 44% renter-occupancy. Residents note that the core area of Norwich around Russell and Roanoke Avenues is mostly owner-occupied with long-term residents. The area west of Brid~e Street has several apartment buildings that account for the high level of renter occupancy. Neighborhood Design From a historical viewpoint, Norwich can be identified by its intact rows of one- story, frame, shot-gun style houses that were built for the mill workers. Con- stmcted during the housing boom of the 1890s, they were advertised as "attrac- tive cottages are being built to accommodate the laborers." Historic streetscapes composed oJ'workers housing along Penn Street(above) and Roanoke Avenue. 11 The grouping of the worker houses remains predominantly intact along Roanoke and Russell Avenues, and Penn Street. Larger, two-story frame houses are scattered along the perimeter of the worker houses where the managers of the mills and other industrial plants in the area would reside. While most of these houses remain, some of houses, especially on both sides of Buford Street, have been destroyed by fire, time, and development. Some light manufacturing properties have been built up along the southern edge of the Norwich neighborhood predominately along Buford Avenue, where larger residential houses once stood. A few apartment complexes have been built along the southern ridge that flanks Norwich along Mountain View Terrace. A streetscape qfthe earliest houses that were built in Norwich along Penn Street in 1890. A good example of an early church in Notn4,ich, the Woodside Presbyterian Chureh built in 1920. 12 Left intact over the generations, the core neighborhood appears to be eligible as a historic district. An important tool that can be used to maintain Norwich's historic architecture and sense of community is to nominate it as a historic district to the National Register of Historic Places. This is an advantageous opportunity for a neighborhood because there are no restrictions for being listed on the National Register; it is strictly honorific and does not encumber the property owner in making changes to their property. It does allow them, however, to apply for state and federal tax-credits for major rehabilitative projects (such as converting the old Norwich School to a neighbor- hood center) as long as they follow National Park Service guidelines. While its residents are not currently receptive to it becoming a historic district, its aging housing stock, however, will require more repair and rehabilitation that needs to be executed in a sensitive manner that will maintain the historic character of the village-setting of Norwich. Further, beacuse of its proximity to the Roanoke River, Norwich in general, and the area along the river in particluar, could contain a high concentra- tion of Native-American artifacts. Its archeaological potential should be consid- ered a valuable assest and should be investigated in the future, especially con- ceming any development along the riven 1919 Sanborn Insurance map 13 Population According to the 2000 Census, the Norwich neighborhood has 652 people and 303 households. The table below documents the general demographic profile of Norwich. The age distribution in Norwich is similar to that of the city as a whole. Outlying apartment buildings signifi- cantly change the demographic pmfile from the core ama of the neighbor- hood. Age Distribution: Comparison between Norwich and Roanoke Norwich Roanoke 0-17 years 179 27% 23% 18-34 years 190 29% 31% 35-64 years 218 33% 30% 65 + years 65 10% 16% Total 652 US Cen,ms 2000 The racical composition of Norwich is similar to that of the city as a whole. Raclal Composition Norwich White 472 72% Black 161 25% Multiracial 19 3% Total 652 Roanoke 69% 27% 4% US Census 14 Economic Development The neighborhood appears too small to support a diverse mixture of retail, commercial, and industrial uses. However, during its heyday, it supported five groceries, mostly clustered around the Russell and Bridge Streets intersection, near the Walker Foundry. Large manufacturing companies such as Norwich Lock Company, Norwich Twine Mill, and the Harris Hardwood Company once flourished in Norwich along the Roanoke Riven Currently light and heavy manufacturing uses fill the perimeter of Nor- wich, excluding along the river, which remains vacant because of flooding. There is one convenience store and one restaurant located near the center of the community where Roanoke and Russell Avenues intersect with Bridge Street. There is not one distinct village center that provides basic goods and services within walking dis- tance, although eco- nomic development efforts could reinforce this area as a center of activity with concen- trated business. Currently, residents drive to Grandin Village or to Towers Mall for their main shopping needs. The Walker Foundry and Machine Company was important to the develop- ment qf Norwich Modern convience store located at the corner qf Bridge Street and Roanoke 15 Enterprise Zone The community of Norwich is located in one of the city's Enterprise Zones. Businesses located within the boundary of any local Enterprise Zone may qualify for state or local incentives. Local incentives for businesses and residents, which were adopted by Roanoke City Council in July 2002, to spur economic growth and revitalization in the area, include incentives for new construction and the rehabilitation of existing buildings, rehabilitation of existing structures tax credit, faqade grants, job training grants, and neighborhood revitalization incentives. Village Center The village center contains basic services such as convenience stores, drug stores, auto parts and hardware stores. Existing village centers should be limited in size to provide well-defined business areas. Uses should be small in scale and serve both the surrounding neighborhood and those passing through the neighborhood. The intersections around Roanoke and Russell Avenues with Bridge Street is a future development opportunity The intersection of Bridge Street and Russe[[ Avenue, a potential village center 16 Much of the industrial development in the neighborhood occurred along the former Norfolk & Western railroad, which ran along the Roanoke River Industrial Development A majority of Norwich is zoned both Heavy Manufacturing (HM) District and Light Manufacturing (LM) District; a large portion of the HM District contains vacant land because it is in the flood way. There are numerous vacant industrial buildings and building foundations. Only the Walker Foundry is one of the earlier industrial companies still in production. Numerous light manufacturing buildings have been erected recently along the southern half of Norwich that do not blend in well with the historic environment. ,~ view of the large Walker Foundry complex. 17 Infrastructure Transportation Them are two collector streets in the neighborhood. Roanoke Avenue runs in an east-west direction and provides access to Memorial Avenue. Bridge Street runs in a north-south direction and feeds into Patterson Avenue to the north and Mountain View Terrace to the south. The streets have sufficient capacity to meet the foreseeable traffic demands volumes. The residents voiced concem about the lack of a traffic signal at the intersection of Roanoke and Memorial Avenues. The intersection is congested during morning and evening rash hours. They stated that they have to wait a long time to pull out onto Memorial Avenue because of the volume of traffic. The Memorial Avenue Bridge has undergone renovation work and a new traffic pattem has been established to assist in traffic calming at this location. Memorial Avenue has been reduced from a four-lane street down to a two-lane street with bicycle paths. However, speed is still a factor, and affects the ability for the residents to pull left out into traffic. The need for a traffic signal at Roanoke Avenue was recently evaluated, but the traffic volume count did not warrant a new signal. A second study will be conducted when the traffic volumes appear to have normalized to evaluate the best traffic management practice to implement in order to accomodate left turns onto Memorial Avenue. Memorial Avenue Bridge at Roanoke Avenue. 18 Most of the neighborhood's interior residential feeder streets are adequate for the current volume of traffic. The majority of the two-lane streets in the neighborhood do not draw much traffic from outside the neighborhood. How- ever, there is a complaint of speeding along Bridge Street, with a special concern for safety at where it intersects Roanoke Avenue. Bhdge Street is too wide and allows for excessive speed; wide planting strips and tall street trees could help to diminsh speeding traffic. The residents requested that tar and grovel be installed on the sides of Charlevoix, Roanoke, Warwick, and Russell Streets for better parking, and that the alley behind Charlevoix be tarred and groveled. Street edges throughout the neighborhood are poorly defined. Curbing or improved shoulders are needed to improve function and appearance. An example qf curbing along a side residential street. Public Transportation Valley Metro has two routes that serve the neighborhood. Route 65/66 is accessible on Memorial Avenue and provides residents with public transpor- tation to Patrick Henry High School. The southbound section of Route 65 loops through the neighborhood providing access to Roanoke Avenue, Russell Avenue, and Bridge Street. This loop was added to Valley Metro's routing in the late 1990s in response to resident requests. Route 71/72 can be accessed from Memorial Avenue or along Mountain View Terrace and turns around at Lewis-Gale Hospital. 19 Sidewalks, Curb, and Gutter Street Lights Few streets have curbing or sidewalks. Two blocks of Roanoke Avenue between Warwick Street and Ashlawn Street have curb and guttering. The residents expressed concern about their lack of curb and guttering and requested it be installed in the 2100 block of Russell Avenue, the 2400 block of Penn Street, and along Rolfe and Warwick Streets. Curbing could improve storm water manage- ment, which is a recurring problem. Norwich is a compact neighborhood where a small amount of investment in the streets would produce large dividends in terms of neighborhoodd reinvestment. Utilities Street lighting is good and is generally located at comers. The lighting along Roanoke Avenue, Bridge Street, and Norwich Park is sufficient for public safety. Citizens stated that they want more lighting in the 2100 block of Roanoke Avenue (near the park) for better security. Electrical service, telephone, and cable TV utilities are generally above ground and available throughout the neighborhood. Natural gas and public water/sewer are available throughout the neighborhood. However, some of the power lines are too low for the trucks to safely remove solid waste. Perhaps semi-annual neigh- borhood clean-ups, such as the one that Roanoke's Soild Waste Management conducts on Day and Marshall Avenues, would be an effective method of removal and a good neighborhood event in which the Norwich Neighborhood Alliance could support. 20 Public Services Public Safety The Roanoke Police Department monitors the city as 14 disthcts, in which the Norwich neighborhood is part of district 5. Other neighborhoods in district 5 include Hurt Park, Mountain View, and West End. Residents cite occasional problems with commemial vandalism and drag traffic. Residents work closely with police to address these issues as they arise. The Norwich neighborhood is currently covered by Fire-EMS Station No. 7, located on Memorial Avenue, which houses a fire pumper and aerial ladder track. Ambulance service is provided from EMS Station No. 1 located on Day Avenue and Fire-EMS station located on 6th Street with an additional ambulance and fire pumper trucks servicing the neiborhood from Fire-EMS Station No. 9 located on 24th Street. Norwich receives excellent fire and ambulances services from these various locations and response times meet the department goals. There are no plans to alter these services currently, except that some responses will be based out of the new Fire Station No. 1 when that station is completed. Schools and Libraries The children in Norwich attend Virginia Heights Elementary, Woodrow Wilson Middle School, and Patrick Henry High School. A building that once housed Norwich Elementary School is located on Roanoke Avenue. It is currently a warehouse. The residents have stated that they would like to see this building become a community centen The two-story brick building once served first and second graders on the first floor, and third and fourth graders on the second floor. The ca. 1920 Norwich School shouM be renovated.fbr a new use to once again serve the neighborhood 21 Quality of Life Parks and Recreation Norwich Park is a community focus point and gateway to the neighborhood. Norwich Park is an 11-acre community park which has a basketball court and athletic fields with lights. There is a 5,610 square foot Recreation Center. Built in 1968, recent improvements include new bleachers, and a new lighting system designed to light numerous sporting events. Norwich is classified as a neighborhood park, which serves the immediate area (within 'A mile). The residents have expressed that there is a need for additional parking at the park because of the heavy attendance during softball games. Most people park in front of the rail fence that parallels the park along Roanoke Avenue. They have also requested that a separate play area for small children be established on the site. Norwich Park is an excellent community gateway. Environment Another identifing trait associated with the historic community of Norwich is its geographic flatness. Known as the Bottoms, it is aptly named because it was built upon the low-lying flood plain of the Roanoke River, and appears to be down in a bowl. This feature is a source of pride for its residents, who relish its early history along the river, its industrial development, and the close ties that have developed with its long-time residents. 22 The Roanoke River holds many possibilites for recreational purposes. Neighborhood Pride The vacant land around the fiver is zoned Heavy Manufac- turing. Many residents expressed that developing the river for recreational use with better accessibility is a high priority. Because of Norwich's proxim- ity to the Roanoke River, a majority of its industrial and residential areas are in the 100- year flood plain. Storm drainage and flooding remain a constant threat in most areas. The U.S. Army Corps of Engineers Roanoke River Flood Reduction Project will widen entire I 0-mile length of the Roanoke River within the City limits. In Norwich, the project will widen the south bank of the Roanoke River downstream from Bridge Street. The project will include a 12 foot-wide greenway trail located along the south bank through Norwich. The result of the bank widening (bench cut) will be that the 100-year storm will allegedly be lowered by almost three feet in this area; thereby removing many houses from the flood plain. The projected start of construction for this area is at least three to four years away, and is expected to be completed by 2007. Because this is a federally funded project, archeaological investigations should begin along the river before the start of construction. The late Pat Toney was a guiding force in establishing the Norwich Neighbor- hood Alliance in 1996, to "improve, enhance, redevelop, upgrade, and promote Norwich." Serving as its first president, she initated the renovations to Norwich Park. As a member of the Roanoke Neighborhood Partnership, the alliance focuses mainly on the core area of Norwich running along Roanoke Avenue from Memorial Avenue to lrvine Street, and from the Roanoke River to Mountain View Terrace. The organization meets monthly, publishes a quarterly newsletter, and conducts an annual fall festival. One of its furore goals is to work more closely with youth activities centered around the recreation center. Enthusasticrnernbers q£the Norwich Neighborhood Alliance. 23 Third-generation 'Norweigans, ' Delmer and Shelby kVeeks Many of the residents of Norwich have lived there all their lives and are third to fifth generations. During the neighborhood meetings with city staff, they were anxious to share their stories. Delmar and Shelby Jean (Clements) Weeks, of Charlevoix Court, provided some historical glimpses of the neighborhood from the 1930s through the 1950s. Married for 44 years, the Weeks are third-genera- tion 'Norweigans.' Typical of Norwich, Shelby's father worked at the Norwich Mill before it closed, and then another 43years at the Walker Foundry. Shelby was one of 11 children and still lives in the same house that she grow up in. The Weeks' talked about the safety and comfort of growing up in a small neighborhood using an example of Hemy Lights' "Club House," a small two-room frame building that was built around 1933 as a "hang-out" for the neighborhood kids and a place where soap-box cars were built. The clubhouse was located where the Quonset hut now stands at Norwich Park. They recalled when the city park was the city dump and when the underground spring flowed from the hillside above Buford Avenue. The spring was the original source of water for the community and featured a well house with a stuccoed amh and windmill. Shelby and Delmar used to gather water from the well for their families and remember it fondly as the best water they had ever tasted. Later industrial development along Buford Avenue apparantly closed downed the well. The only school was the Norwich School, which only had grades one through four. However, most residents never graduated from high school, and most had to go to work or help with ailing families. No one ever visited the hospital or even a doctor, as it was not affordable, and most babies were bom at home. Most residents relied on home remedies, but ifa doctor was ever needed, he was called from Melrose Avenue where he lived. Entertainment was simple. Delmar remem- bers being able to go to the movies with 50 cents in his pocket on the streetcar from Roanoke Avenue (which turned around at the end of the street) down Memorial Avenue and into downtown Roanoke, enjoying the movie with pop- corn, and returning home on the streetcar with change in his pocket! The Twine Mill sponsored local boxing, and there was gmat excitement when the cimus came to Norwich, once. 24 Recommendations Recommended Policies and Actions Future Land Use Recommendations am organized by the Plan Elements (community design, residential development, etc.). Recommendations take the form of"policies" or "actions." Policies are principles or ways of doing things that guide future decisions. Generally, policies are ongoing. Actions are projects or tasks that can be completed and have a defined ending. The Future Land Use plan on the following page is the most important recom- mendation of this plan. It specifies how future development should take place. Zoning is the principle tool that is used to implement the future land use plan. Some of the current zoning is not consistent with the future land use plan, so the plan recommends changes in zoning so that furore development will be consis- tent with the future land use plan. 25 000 26 Community D.esign Recommendations Policies: Streets will be designed to support auto, pedestrian, and bicycle traffic. Street modifications should incorporate street design principles of the comprehensive plan. Access to and recreational oppommities near the Roanoke River should be enhanced. Village Center development should be encouraged on Bridge Street between Russell and Roanoke Avenues. Infill housing should be consistent with the established building line along the street. New residential buildings should be consistent with the scale, massing, and architecture as the current housing stock. Consider the use of the Neighborhood Design Overlay for the core residential area. New commercial development must consider adjoining uses during site design. Compatibility should be addressed first by thoughtful site and building design rather than by screening alone. Commercial building fronts should be oriented very close to the streets. Parking should be to the side or back of buildings. Parking lots should have generous amounts of interior landscaping and tree canopy coverage 27 Communit D.esign Recommendations Actions: The shot-gun style workers housing is a unique characteris4 tic of the Norwich neighborhood Develop a streetscape improvement plan for Roanoke Avenue between Memorial Avenue and Bridge Street. The strategy should address speeding problems, the need for parking for recreation events, and improving the appearance of the streetscapes. The Roanoke River Flood Reduction Project will provide more access to, and perhaps promote more study for the use of the vacant HM Dish-ict land along the Roanoke River as a park. Identify opportunities to establish community identity through its Roanoke Avenue gateway and unique history and architecture. Develop design guidelines for new infill housing and commercial development and implement Neighborhood Design district for core area. Expand the current CN zoning around Russell and Bridge Streets (and to include Roanoke Avenue) to reinfome the existing Village Center. Development codes should promote development of well-designed commemial structures that encourage pedestrian activity. Develop mechanisms to limit surface parking lots and encourage use of on-street parking for periodic uses. The use of on~street parking on Roanoke Avenue and Bridge Street will help with traffic calming practices. 28 Economic Development Recommendations Policies: Support development of a compact village center around the Roanoke Avenue/Russell Avenue and Bridge Street intersections. Most businesses should be neighborhood oriented, but could contain at least larger-market businesses. Zoning regulations and incentives will promote development of well- designed commercial buildings that encourage pedestrian activity. Commercial buildings will be placed near the sidewalk with off-street parking located to the side or in the rear. Economic development in the village center will be encouraged with local, state, and federal incentives. Actions: Change zoning in the village center to encourage a mix of uses and building scales that are appropriate in a neighborhood setting. Consider redevelopment of the Light Manufacturing (LM) District to encourage assembly and combination of small parcels in this area to provide suitable industrial properties. Promote the economic incentives associated with the enterprise zone that is located throughout Norwich. 29 Infrastructure Recommendations Policy: Develop better streetscapes, especially at the gateway near the city park, and along Roanoke Avenue and Bridge Street. Functionally, streets will accom- modate autos, pedestrians, and bicycles. Trees should be used to create a canopy over streets, so large species of trees should be used whenever possible. Streets need to be better engineered for traffic calming with respect to posted speed limits. Actions: Develop site-specific plans for street designs at the Roanoke Avenue gateway and Bridge Street village centen Design and install a gateway sign with landscaping to promote the entrance into the community of Norwich near Norwich Park. Improve the streetscape of major corridors such as Roanoke Avenue and Bridge Street. Traffic-calming strategies will be incorporated into improve- ments. The priority should be on installing trees, on-street parking, and providing an improved pedestrian enviomment. Review other streets for installation of curbing and/or sidewalks. Continue regular bus transportation to Norwich, and consider the use of a bus shelter at the potential village center. 30 Public Service Recommendations Policies: The city will continue providing excellent fire/EMS protection to the Norwich neighborhood. Actions: Sponsor periodic cleanup days to pick up litter around the neighborhood and help senior or disabled residents move unwanted materials and debris to curbside for collection by the city. Distribute information about code enforcement to encourage reporting and tracking of code violations. Continue a neighborhood watch activities through the partnership between Norwich Neighborhood Alliance and the Roanoke Police Department. Seek opportunities for converting the old Norwich School building to a community-serving facility or another appropriate use. Develop semi-annual neighborhood clean-ups in conjunction with Roanoke's Solid Waste Management. 31 euality of Lifg. commendattons Policies: Norwich Park should be maintained as a family-oriented park and commu- nity focus. Tree canopy should be increased throughout the neighborhood. Support continued organizational development of the Norwich Neighbor- hood Alliance. Ensure small children have safe recreational facilities available. Actions: Consider survey and nominahon of Norwich for inclusion on the National Register of Historic Places. Historic designation makes federal, state, and ocal rehabilitation incentives available. The H-2 overlay zoning, which ~mposes design review standards, should not be considered unless there is significant resident support. Utilize the Roanoke River Flood Reduction Project to provide more access to the vacant HM District land along the Roanoke River to use as a park. Consider the use of an archaeological survey to determine the potential for pre-historic artifacts. Implement the Roanoke River Flood Reduction Program to remove numer- ous properties from the 100-year flood plain zone. Improve the existing parking along Roanoke Avenue for Norwich Park and also create a sepal Norwich Park and Amerit a 's favorite pastime help create a great quality qf'l~/'e for Norwich. 32 Implementation Funding Funding for major infrastructure projects is generally provided through the city's Capital Improvement Program. Funding can come from a variety of sources, including CDBG, transportation funding, state and federal funds, and general revenue. The Capital Improvement Program is developed by identifying needed projects and matching them with potential funding sources. Each project is reviewed and ranked in terms of priority. The chart on the following page identifies major projects, their time frame, the lead agency or department, and potential sources of funding. The cost of most projects such as streetscape improvements cannot be determined until more detailed planning is completed. fHuOW large projects are nded:The Capital Improvement Program Needed Projects Parks Buildings Economic Development Streets, sidewalks and bridges Storm drains Funding Sources Bonds General revenues State and Federal CDBG Project grants Others Priority projects & their funding sources identified 5-year Capital ~rovement Program 33 Actions, time frames, participants and potential funding Action Zoning changes ~treetscape and gateway Improvements ¥~al' Lead Agency Third Second thru fourfi~ Planning Building & Development Transportation · Economic incentives Historic surveys · Development of river park Second and third Third and fourth Fifth Economic Development Planning Building & Development Parks and Recreation 34 Acknowledgments Mayor Ralph K. Smith Vice-Mayor C. Nelson Harris William D. Bestpitch M. Rupert Cutler Alfred T. Dowe, Jn Beverly T. Fitzpatrick, Jr. Linda F. Wyatt Chairman Robert B. Manetta Vice Chairman Richard A.Rife Gilbert E. Butler, Jr. D. Kent Chrisman Paula L. Prince Henry Scholz Fredrick M. Williams Piannine Building & Development Brian Townsend, Director Anne Stuart Beckett, City Planner I1 Thank you to all the residents and property owners who participated in the community workshops. Special thanks to members of the Norwich Neighborhood Alliance for their active involvement in development of the plan, and to the memory of its fotmding president, Pat Toney. 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: ($40) 853-2541 Fax: (540) 853-1145 E-mail; clerk(~¢i.ro anok¢.va.us September 19, 2003 File #165-200 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Robert B. Manetta, Chair Fredrick M. Williams Richard A. Rife Paula L. Prince Gilbert E. Butler, Jr. D. Kent Chrisman Henry Scholz City Planning Commission Dear Ms. Prince and Gentlemen: I am enclosing copy of Ordinance No. 36492-091503 approving the Wasena Neighborhood Plan, and amending Vision 2001-2020, the City's Comprehensive Plan, to include the Wasena Neighborhood Plan. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 15, 2003, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosure pc: Terri Beck, Wasena Neighborhood Forum, P. O. Box 4093, Roanoke, Virginia 24015-0093 Darlene L. Burcham, City Manager Rolanda B. Russell, Assistant City Manager for Community Development Martha P. Franklin, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, The 15th day of September, 2003. No. 36492-091503. VIRGINIA, AN ORDINANCE approving the Wasena Neighborhood Plan, and amending Vision 2001 - 2020, the City's Comprehensive Plan, to include the Wasena Neighborhood Plan; and dispensing with the second reading of this ordinance by title. WHEREAS, the Wasena Neighborhood Plan (the "Plan") was presented to the Planning Commission; WHEREAS, the Planning Commission held a public heating on August 21, 2003, and recommended adoption of the Plan and amending Vision 2001 - 2020, the City's Comprehensive Plan (the "Comprehensive Plan"), to include such Plan; and WHEREAS, in accordance with the provisions of §15.2-2204, Code of Virginia (1950), as amended, a public hearing was held before this Council on Monday, September 15, 2003, on the proposed Plan, at which hearing all citizens so desiring were given an opportunity to be heard and to present their views on such amendment. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That this Council hereby approves the Wasena Neighborhood Plan and amends Vision 2001- 2020, the City's Comprehensive Plan, to include the Wasena Neighborhood Plan as an element thereof. 2. That the City Clerk is directed to forthwith transmit attested copies of this ordinance to the City Planning Commission. reading of this ordinance by title is hereby dispensed with. ATTEST: Pursuant to the provisions of Section 12 of the City Charter, the second City Clerk. Architectural Review Board Board of Zoning Appeals Plannin~ Commission CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning~ci.roanoke.va.us September 15, 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: Amendment of Vision 2001-2020 to include the Wasena Neighborhood Plan Planning Commission Action: Planning Commission public hearing was held on Thursday, August 21, 2003. By a vote of 7-0, the Planning Commission recommended the adoption of the Wasena Neighborhood Plan. Background: The Wasena neighborhood is located southwest of downtown and is bounded by the Roanoke River to the north and east, Greater Raleigh Court to the west, and Brandon Avenue to the south. Two public workshops were held with the neighborhood by staff in the spring of 2003 during the regular meetings of the Wasena Neighborhood Forum. Considerations: The plan notes the following positive features of the neighborhood that need to be maintained: Homes and infrastructure in very good condition. Healthy mix of owner and renter occupied homes, and a range of housing options. Amenities, such as Wasena Park, Wiley Drive, proximity to downtown, and a Iow crime rate. Staff noted the following issues in the plan that need to be addressed: 1) A former industrial district along the River 2) The village center along Main Street 3) The Wasena Bridge and its transition onto Main Street. To address these issues, the plan features four priority recommendations: Zoning: Based on the Future Land Use Map: Maintain a zoning district similar to the current RM-1 in residential areas in the update of the zoning ordinance. · Expand the number of uses permissible in the currant industrial area to allow for a mix of commercial and high-density residential opportunities. Amend the zoning ordinance to ensure that new residential development is compatible with existing structures in terms of setbacks and lot coverage, and to maximize the development potential of vacant properties and structures. Regulate the conversion of single-family homes to multifamily by raquiring a special exception approval to ensure that compatibility with the existing neighborhood is maintained. Housing: · Encourage a continuation of the neighborhood's current residential mix of single-family, duplex, and multi-family structuras. Economic Development: Market the Main Street village center with particular emphasis on: o Small-scale buildings with 2-3 stories. o Neighborhood commercial uses with minimal noise and lighting impacts. o Shared parking arrangements, including public/private partnerships. · Target the former ice and cold storage building and industrial district for adaptive reuse. Considerations for redevelopment should include: Zoning that allows for flexibility in permitting a vibrant mix of commercial and residential uses, particularly live/work space. High-tech or other industrial uses that have a minimal environmental and neighborhood impact. Possibilities for public/private partnerships. Infrastructure: o Implement traffic-calming measures and gateway improvements on both ends of Main Street and the Wasena Bridge. Recommendation: The Planning Commission recommends that City Council approve the Wasena Neighborhood Plan for adoption as a component of Vision 2001-2020. 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 IN THE PLANNING COMMISSION OF THE CITY OF ROANOKE, VIRGINIA This 21st day of August, 2003 A RESOLUTION recommending the adoption of the Wasena Neighborhood Plan as an element of the City's Comprehensive Plan. WHEREAS, a series of community workshops were held in the Wasena neighborhood to gain input into the plan; WHEREAS, the draft plan has been reviewed by the neighborhood, city staff, and the Long Range Planning Committee of the City of Roanoke Planning Commission; and WHEREAS, the Wasena Neighborhood Plan has been advertised in accordance with Section 15.2-2204 of the Code of Virginia (1950), as amended, and pursuant to that notice, a public hearing was held on August 21,2003, at which all persons having an interest in the matter were given a chance to be heard. BE IT RESOLVED by the Planning Commission of the City of Roanoke that it recommends to City Council that the Wasena Neighborhood Plan, dated August 21, 2003, be adopted as an element of the City's Comprehensive Plan, and that by signature of its Chairman below, the Planning Commission hereby certifies the attached copy of the neighborhood plan to City Council. ATTEST: Chairman Wasena NEIGHBORHOOD Plan Draft August 21, 2003 ROANOKE VI R G tf'l I/~ Contents: Introduction Priority Initiatives Commtmity Design Residential Development Econonfic Development Infrastructure [htblic Services Quality of Life Reconm~endations hnplementation Ack2~o~x [edc~nems 2 7 12 15 19 23 24 26 33 36 Planning Building & Development Introduction Wasena was one of Roanoke's early suburbs, and has maintained virtually the same character as when it was developed in the 1920s. Since its inception the neighborhood has been one of the most stable communities in the City. Wasena is located southwest of downtown and is bounded by the Roanoke River to the north and east, Greater Raleigh Court to the west, and Brandon Avenue to the south. 'Wasena' in a Native American language translates as "beautiful view." The neighborhood has an undulating terrain that provides great views of down- town Roanoke, Old Southwest, and Mill Mountain. While it was termed a suburb when the land was first subdivided, it is now a traditional urban neighborhood that combines the convenience of the City with an appropriate scale of development and good quality of life. It is only a 20-minute walk fi.om downtown. It is centrally located, convenient to Grandm Village, downtown, Mill Mountain, and Towers Mall, and is home to one of the City's largest and most frequented parks. Wasena has a solid core of long-term homeowners as well as a more transient population of renters. There is also an increasingly diverse mix of people of different backgrounds and agegroups. With real estate values escalating in much of the valley as homebuyers search for houses with large front and back yards, Wasena is a hidden treasure that maintains a healthy balance of conunumty, comfort, tradition, convenience, diversit,~ and value. Wasena Priority Initiatives The plan proposes four priority imtiatives: Zoning: Based on the Future Land Use Map: Maintain a zoning disltict similar to the current RM-1 in residential areas in the update of the zoning ordinance. Expand the variety of uses in the current indus~al district to allow for a rmx of commercial and high-density residential oppommities. Amend the zoning ordinance to ensure that new residential development is compatible with existing structures in terms of setbacks and lot coverage, and to maximize the development potential of vacant properties and structures. Regulate the conversion of single-family homes to multifamily by requiting a special exception permit to ensure that compatibility with the existing neigh borhood is maintained Housing: Encourage a continuation of the neighborhood's current residential mix of single-family, duplex, and multi-family slmcmres. Economic Development: Market the Main Sheet village center with particular emphasis on: o Small-scale buildings with 2-3 stories. o Neighborhood commercial uses with minimal noise and lighting impacts. o Shared parking arrangements, including public/private parmerships. Target the former ice and cold storage building and industrial district for adaptive reuse. Considerations for redevelopment will include: o Zoning that allows for flexibility in permitting a vibrant mix of commer cial and residential uses, particularly live/work space. o High-tech or other industrial uses that have a minimal environmental and neighborhood Unpact. o Possibilities for public/private partnerships. 2 Infrastructure: Implement traffic-calming measures and gateway improvements on both ends of Main Street. People 3~he population for Wasena decreased between 1990 and 2000 by 3 percent. 3~he number of households increased shghtly, indicating the national trend towards smaller households. The neighborhood has increased in racial diversity. While white residents comprise 91% of the population, the number of black residents almost doubled since the 1990 Census. The decrease in the number of"other race" residents from the 1990 census is probably explained by the Census Bureau adding a new "two or more races" category to the 2000 Census. Because of the different classifications of the Census, in Table 1 below, the category "other," encompasses races other than black and white and all multiracial categories. The neighborhood has a healthy age distribution. Between 1990 and 2000, the number of children and teenagers increased, while the number of younger adults decreased. More dramatically, the middle-aged adult population increased 20%, while the number of elderly decreased 40%. Table 1. Population Demographics 1990 2000 Percentage Change Total Population 1685 1633 Households 764 769 White 1595 1480 -7% Though the number of young adults decreased between 1990 and 2000, compared to the city, a large percentage of Wasena's residents are young adults. The neighborhood has a smaller percentage of elderly residents. 4 Table 2. Population Age Distribution: Wasena and Citywide Wasena Citywide Old In general, residents 25 years of age and over have more education than the ciWwide average. Over 59% of the residents have at least taken some college courses compared to only 46% citywide. The majority of Wascna households earn more than the citywide household income annually. The average household income in Wascna is $37,130 compared to $30,719 citywide. Wasena has over half of its households earning between $25,000 and $50,000, while only 33% o£the households citywide earn the same amount. Table 4. Household Income in 1999 Wasena City Income Roanoke Number of $0 $14,999 104 151% 227% $15,000 - $24,999 63 9.2% 178% $25,000 191 278% 16.1% $34,999 $35,000 ~ $49~999 $50,000 $99,999 163 237% 213% $100,000 + 13 I 9% 5 0% Total 688 100 0% 100 0% Neighbor.h. ood Organization The Wasena Neighborhood Forum (WNF) is a member of the Roanoke Neighbor- hood Parmership. The organization meets at Wasena Elementary School on the first Thursday of every month, with the exception of the summer season in July and August. Among its annual activities are a spaghetti d/nner, and ~ block party, both of which attract large numbers of residents. The organization also circulates a quarterly newsletter around the neighborhood to inform residents of various neighborhood news and upcoming events. Community Design The subdivision of lots and the design of the streets in Wasena were done in a narrow fashion to maximize the number of single-family lots. The vast majority of lots in Wasena are in the 6,000 - 6,500 square feet range. While at the time of its development it was by definition suburban, today Wasena is a medium-density traditional urban neighborhood. The ghd street system was designed around the rolling topography and as a result features a series of streets that angle and curve in an unconventional manner. These streets create lhangular and irregularly shaped lots. The rolling terrain and the curves of these streets create pockets where the houses are en- closed fi.om outlying areas. This is in contrast to the higher elevated streets such as Wasena, Howbert, Hamilton and Windsor that feature the views after which the neighborhood is named. Aside fi.om sections of Main Street and Brandon Avenue, all of the streets are relatively narrow (less than 30 feet wide), two-lanes, and have on street parking on both sides. Sidewalks and trees line most of the streets. These street designs are conducive to both pedestrian and bicycle activity. The architecture in Wasena is reflective of the styles of the early to mid 20th Centmy when the neighborhood was developed. Most of the houses date to the area's first few waves of development between the 1920s and 1950s. Very little development occurred thereafter. Several Revival styles are represented, with a large number of bungalow and foursquare houses. There is a good mix of one and two story, and one and a half-story houses. Most blocks in the neighborhood have a prevailing pattem of size and style. Brick veneer is the dominant type of exterior finish. Brick requires less maintenance and thus increases the longevity of structures. The preservation of the housing stock gives the neighborhood a sense of character and continuity in design. Residents stated that the quality of the housing is a major attribute of the neighborhood, however some of the newer infill housing development is incom- patible. Wasena is not currently m a designated conservation or rehabilitation disthct, so it is not eligible for the Neighborhood Design Disa/ct overlay zoning, which regulates the design of structures. With relatively few vacant lots and a stable housing stock, them are few opportumties for new in_rill development. Zoning and Land Use The predominant land use is residential. Along Main Su'eet there are some commercial properties. A former industrial area lies to the east of Main Sl~eet. The neighborhood is characterized by its healthy mix of single and multifamily dwellings and one of the City's largest parks. Most of the neighborhood functions in essentially the same manner as when it was first developed. The zoning and land use in Wasena can be sUsnmanzed in four general categories: Traditional residential neighborhood - with the exception of the park and the industrial area along the Roanoke River, the core of the neighborhood features a variety of housing, the vast majority of which is zoned RM-1, Residential Multi- family, Low Density. Wasena Park - on the northern edge of the neighborhood, the park lies along the Roanoke River. A railroad line borders the southern side of the river. Industrial district - East of Main Street along the Norfolk Southern mil spur. Neighborhood Commercial - on each end of Main Street there are commercial properties. The northern end of Main Street is a small village center and the commercial properties are appropriately zoned CN, Neighborhood Commercial. On the southern end there are a few commercial establishments that are zoned C- 2, General Commercial. The zoning and use of these properties are not compat- ible with the neighborhood There are few vacant parcels in Wasena. The Department of Real Estate Valuation lists only 82 properties as vacant, defined by a lack of a building. Some of these properties are used as parking lots or are used as additional yards for adjoimng properties. A concentration of vacant land is in the southeastem comer of the neighborhood between Floyd, Harmlton, Suburban, and Welton Avenues, and the Roanoke River. Most of this land is vegetated and serves as a natural buffer between the river, railroad lracks and industrial district to the north and east, and the residential areas to the south and west. The terrain is hilly in this area and many parcels are in the flood plain and/or the floodway. Thus, these properties would be difficult to develop. The Main Street village center and the small industhal district nearby both are lacking tenants, which has created a noticeable void in this part of the neighbor- hood. The storefronts along Mare Street are in fairly good condition, but would be improved simply with the addition of new occupants. While this village center 8 is already appropriately zoned, residents stated that parking may be an issue for potential establishments. The industrial district along the Roanoke River is zoned LM, Light Manufac- turing, yet today there is virtually no industhal activity in this area. Several bmldings are vacant and their proximity to the river makes them flood prone. This area has several issues that need to be addressed if it is to be redeveloped, however rezoning it for mixed use or expanding the number of uses that may be allowed in a light mdusuial disthct, would be the first step to making it more madcetable. Community Design Issues: Reviving the village center. Adaptive reuse of buildings in the industrial dislrict. 9 Zoning & Land Use in Wasena Land Use Category: Single-family Multi-family ~ Commercial/Industrial ~ Park Vacant lO Future Land Use in Wasena Single & Two Family Mul§family Village Center Mixed Use Neighborhood Commercial Park Residential Development Wasena has a healthy mix of housing styles and options. Many homes have two or more units, yet have retained their original quality and character. Wasena enjoys a stable housing stock. Them are rarely any building code enforce- ment issues in the neighborhood. In addition, the diversity of housing options, i.e. single, duplex, and multi-farmly, in Wasena is a model of the policies of Vision 2001-2020, the City's comprehensive plan. Although the total number of umts in the neighborhood fell shghtly between the 1990 and 2000 Census, the vacancy rate decreased 2- percentage points. This indicates httle or no growth in the construction of new units, but the fortitude of the existing housing. In addition, the percentage of owner-occupied units in- creased over the same time period. According to the 2000 Census, Wasena's homeownership rote was 6-percentage points higher than that of the City as a whole. Table 5. Housing Percent 1990 2000 Change(%) Occupied <1% Housing Units 764 769 Vacant Hous:ng -28% Units 54 39 2% Vacancy Rate 7% 5% Owner 5% Occupied 452 475 Renter 312 294 -6% Occupied Source: U S Census Bureau; 1990 Census. 2000 Census Summary File I Overall, Wasena offers affordable housing options. The median house price is moderately higher than the city average. Almost fn°ty percent of the rents are less than $500 per month. The average household is smaller in Wasena than citywide, winch may indicate that it is attractive to single people and young couples. 12 Table 6. Housing Statistics Roanoke Study Area $80,300 Median House $80,900 Percentage of Rents 66% 47% below $500 per month Persons per 2.1 2.6 Household 56% Owner Occupied 62% 44% Renter Occupied 38% Source: U.S. Census Bureau, 2000 Census S~ File I and Summary File 3 Wasena's housing stock is older than that of the City as a whole. According to the 2000 Census, over 90% of the homes were bmlt prior to 1960 compared to only 58% citywide. The neighborhood has experienced virtually no growth in new housing units since the 1970s. Considering the age of most of the homes, the sound condition of the housing stock indicates that property owners in Wasena value their propemes and are committed to maintaining them long-tenn. There are a number of duplexes and triplexes in Wasena that were converted from their original single-family slrucmre. While such conversions often lead to unintended consequences when rantal units replace homeowners, Wasena has maintained a steady balance of owners and renters, and has not seen a decline in property maintenance and values. Residents stated the appreciation of their property values as one of the attributes of housing in Wasena. However, conver- sions of single-family houses can qmckly decrease the number of owner-occupied homes, and in mm have a negative impact on the maintenance of property and the character of the neighborhood. Additional conversions should be kept to a minimmn in Wasena. 13 The quality and value of housing m Wasena is crucial to the neighborhood's continued stability. Future policy decisions will take the neighborhood's success into account and maintain those elements of the current zoning ordinance that have enabled such conditions. Residential Development Issues: · Incompatible infill development. Conversions of single-family homes. 14 Economic Development Storefronts on Main Street Village Center Commercial activity in Wasena is of two general categories as previously noted: Neighborhood Commercial/village center Industrial district While economic development potential is limited in Wasena, investment in the small existing commercial nodes would greatly benefit the neighborhood. Con- versely, resident support for redevelopment of these areas indicates untapped economic potential. If these areas are not redeveloped, there is a danger of properties becoming blighted and m mm affecting a larger part of the surrounding neighborhood. Vision 2001-2020 promotes the village center concept - small commerflal nodes with high-density residential elements - as a sWategic initiative for development in City neighborhoods. The area around the 1100 block of Main Street is noted in Vision 2001-2020 as a "village center for revitalization." This block features traditional storefronts that are either vacant or underutilized as commercial properties. Currently, there is a gas station/conve- nience store, furniture upholstery shop and a photography studio. There are also four CN zoned properties with traditional storefronts bordering the sidewalk that are either vacant or being used for storage. Thus, the built environment of this 15 small village center is intact, but it has not been fully occupied fbr many years. Residents expressed a strong interest in seeing the village center revitalized with uses such as small retail shops, specialty stores, and restaurants or coffee shops. Parking has been identified as being a hindrance to investment in the village center, yet there are parking spaces south of Main Street that are underutilized. A City owned parcel between the river and Wiley Drive is often used for parking by people visiting Wasena Park and/or the river. In addition, there are several parking lots and spaces at businesses along 8th Street that are rarely full. Shared parking arrangements could benefit both parties if village Mixed inlfill: ground ~1~o; comme~clal with refadentla~ above ~t bridga I~arki~g A rendering of Wasena's Main Street Village Center from the City Design chapter of Vision 2001~2020. This rendering was drawn to depict the Plan's design guidelines for a small village center. Note the landscaped median: while this plan does not specifically call for a median on the bridge, traffic-calming is recommended to create a pedestrian-friendly environment. 16 Industrial District center businesses created a demand for parking. This area along the Norfolk Southem railway and the Roanoke River was once a small, yet viable induslrlal complex. Aside from the New Century Venture Center and the Advance Auto warehouse most of the industhal properties are unoccu- pied. The New Century Venture Center was created in a parmership with the Roanoke Redevelopment and Housing Authority. It is a small bufmess incubator that provides training and assistance to small businesses in their early stages of development. While most of the industrial activity has long grace vanished, the renmants of those uses are visually prominent for much of the eastem side of the neighbor- hood. The five-story brick, former Roanoke Ice and Cold Storage builffmg at 806 Wasena Avenue has been vacant for several years. Specific desired uses for the former Roanoke Ice and Cold Storage builffmg were mentioned as apartments, or some form of live/work space - commercial establishments on the ground floor with residential dwellings in the stories. Residents also expressed interest in seeing this area redeveloped as a small mixed-use district, incubator space, or high-tech center. This area is in the flood plain and future use of these properftes will reqrare flood proofing. To increase the chances of this area redeveloping, rezonmg wilt be considered to allow a wider a range of uses. 17 Auto-oriented Commercial The eastern side of the 1800 - 1900 blocks of Main Street features a car wash, and a heating/air conditioning shop. Located near the busy intersection of Main Street and Brandon Avenue, these establishments are situated for through traffic, and are less neighborhood oriented. Two commercially zoned properties near the comer o} Brandon and Sherwood Avenues are vacant. These parcels should be rezoned to promote village center development that is more compatible with the neighbor- hood. Economic Development Issues: Vacancy m commercial and industrial buildings. Potential degradation of areas surrounding commemial and industrial 18 Infrastructure Transportation Main Street Streetscapes New sidewalk infill on Winona Avenue. Wasena's street network is comprised mainly of two-lane residemial streets. Mare Street, Route 221, is a two-lane arterial street that connects to Elm Avenue on the northem side of the Wasena Bridge, and to Brandon Avenue to the south. Bran- don Avenue is a four-laue arterial street that borders the neighborhood on the south and is intersected by Mare Street. Brandon Avenue is the heaviest traveled street in the neighborhood with an average of 22,267 thps per day. Main Street is the second heaviest traveled street with a current 12,233 trips per day. According to the Roanoke Valley Area: Long Range Transportation Plan, the projected daily trips are predicted to decrease to 11,800 along Main SUeet by 2015. Table 7: Street Level of Service (LOS) Projections, 1990-2015 Street Section Average Daily Projected Trips Daily Trips Bmdon Ave to 11,800 Main Street 12,233 Winona Ave Winona Ave to 11,800 Mare Street Elm Ave 12,233 Brandon Elm/Main to 28,100 Avenue Wonju Street 22,267 Source: Roanoke Valley Area: Long Range Transportation Plan 1995-2015, VDOT and Fifth planning District ComnUssion Wasena has a well-maintained network of neighborhood streets, most of which are narrow and designed appropriately for residential traffic with on street parking on both sides. Wasena has a healthy network of sidewalks, curb and gutter, and streetlights. Many sections of sidewalks have been repaired recently. The streetscapes in the neighborhood are attractive and pedestrian friendly, with healthy trees and landscaping along most streets. Several Wasena residents expressed concems about the narrowness of Floyd and Kems Avenues and requested they be converted from their current two-way to one-way on the west side of Main Street. Although Vision 2001-2020 recom- 19 Kerns Avenue Main Street Gateways mends two-way streets as a standard, both streets are narrower than the desired width for yield streets; two-way streets with three lanes, two of which are for parking. The guideline for such streets is 26 feet, while Floyd and Kerns are both only 20-22 feet wide. Further evaluation of these streets is needed, and any proposed changes to one-way traffic will consider the input of the residents who would be directly affected. Converting these streets to one-way would make them safer both for driving and parked vehicles. However, the impact on the overall neighborhood circulation pattem will be considered before any final decisions are made. The neighborhood has two gateways, both on each end of Mare Street. The northem end of Main Street begins at the Wasena Bridge. The southem end of Mare Street begins at the intersection of Main Street, Sherwood and Brandon Avenues. Streetscape and traffic-calming improvements on both ends of Main Street will improve the neighborhood's most visible points. Such improvements are important to improving livability along Main Street, supporting revitalization of the village center, and improving neighborhood image. Improvement strategies for both of these gateways should address the following goals: Improve overall livability along the street Improve pedestrian safety Minimize disruption of the existing neighborhood Reduce speed - at least 85% of the traffic should travel at 30 m.p.h, or less Retain capacity to handle current and future volumes, while not inducing more traffic Keep commuter traffic offofside streets Ensure other thoroughfares carry their "fair share" of traffic Streetscape and traffic-calming measures can respond to these goals. Follow- ing are some potential streetscape/traffic-calming tools that may be used along Main Street: Planting large-species trees on both sides of the street. Installing curb extensions at intersections and mid-blocks to reduce crossing distance for pedeslrians and define parking lanes. Marking pedestrian crossings with stamped asphalt or other material to create a change in color and texture. 20 Main Street/VVasena Bridge Wasena Bridge Main Street, Brandon and Sherwood Avenues Pamtthg the shoulder to reduce the apparent pavement width and keep traffic away from street trees. Lateral shifts in the travel lanes from one side of the street to the other. Speed tables and raised intersections The Wasena Bridge originally had three lanes; two for cars, and one in the middle for street cars. As the automobile superceded the street car, the Wasena Bridge was widened to four lanes of traffic that funnel into two-lane streets. This creates high speeds on the bridge, though traffic eventually has to slow down for traffic signals on both sides. The placement of traffic signals has more of an impact on hip times in urban areas than the design of the street, since traffic will always be halted for periods at signals. Thus, the four-lane section of the Wasena Bridge leads only to increased speeds for appmXanately a third of a mile between traffic signals, but does not, on average, decrease the amount of time that motorists spend on this stretch of Mare Street and the bridge. Wasena Bridge and the northem end of Main Street will be evaluated for restriping and reduction to two lanes with bicycle lanes added, while maintaining the existing turn lanes at the intersections of Main Street, Elm and Ferdinand Avenues, Main Street and Winona Avenue, and Main Street and Wasena Avenue. Reducing the bridge to two lanes will slow down traffic and improve safety conditions, as well as leaving leftover lane space for bicycle lanes or other altema- five modes of transportation. In addition, any revitalization efforts in the Mare Street village center will benefit from traffic calming, which will improve pedes- than access and safety. The intersection at the southem end of Main Street with Biandon and Sherwood Avenues is the busiest in the neighborhood. As a gateway into the neighborhood it is a highly visible intersection and for many people in the City it is the only view of Wasena they encounter regularly. There are three grassy medians on the north side and two in the middle of Brandon Avenue. The medians help to slow down and disperse traffic well. The medians are also landscaped and well maintained, however residents expressed some dissatisfaction with the appearance of the intersection, namely with the placement and design of the large poles, power lines, and traffic signals that dominate its appearance. Redesign of the entire intersection to enhance its appearance and function will be considered in conjunction with any future im- provements. 21 Public Transportation Valley Metro provides one mute that directly services the Wasena neighborhood. Route 61/62 circulates along Main Street between the Campbell Court bus terminal and Red Rock Road (near Grandin Court Elementary School). This mute provides quick access to downtown as well as to the Towers Shopping Center. Route 65/66 runs along the westem edge of the neighborhood, with service along Wasena Avenue near Malden Lane. Other Infrastructure Storm water drainage is not an issue for most of the neighborhood, with the exception of those properties along the Roanoke River that are in the flood plain. The neighborhood is served by public water and sewer. While the presence and illumination of street lights in the area is satisfactory, residents expressed interest in having decorative street lumps in the Main Street Village Center. Infrastructure Issues Speed of traffic on Main Street at the Wasena Bridge. Appearance of intersection at Main, Brandon and Sherwood. Sheets below normal width. 22 Public Services Police Fire/EMS Although the Wasena neighborhood enjoys a low-Crtme rote, calls for service have increased in many of the categories of offense between 2001 and 2002. In addi- tion, the total number of calls for service and reports filed increased eighteen percent and nineteen percent respectively. The Roanoke Police Deparanent divides the city into 14 disthcts. The Wasena neighborhood is completely contained in the Police Depamnent's District 9. The district includes the neighborhoods of Wasena, Franklin Rood, Grandm Court, and part of R~eigh Court. The increase in total calls for service and reports filed in Wasena reflect the trends in the district as a whole. Residents have noted problems recently with burglaries and petly theft. Police Offieers regularly attend meetings of the Wasena Neighborhood Forum and are informed of issues in the neighborhooc[ Residents should continue to inform officers of problems and maintain their neighborhood crime watch committee in the WNF. In addition, basic Came prevention tachcs should be employed, such as leaving front pomh lights on ovemight and when out of town, locking all doors and windows, and bringing in valuables off of porches. Fire Station Number 7 at 1742 Memorial Avenue is the closest station to the neighborhood. It houses an engine and a ladder. The Fire/EMS Strategic Busi- ness Plan recommends future improvements to the station to continue its opera- tion. Public Service Issues: Slight increase in crime. 23 Quality of Life Parks and Recreation Valley Avenue Park Wasena Park Wasena Park is a 41-acre community park. The Department of Parks and Recre- ation defines a community park as a park designed to meet community-based recreation needs, as well as preserving umque landscapes and open spaces. A commumty park usually serves two or more neighborhoods and a half-mile to 3- mile radius. Wasena Park includes amenities for recreational activities (sotSball, basketball, tennis, etc.), playgrounds, picnic tables, a comfort station (a restroom and water fountain) and a scenic drive. In addition, the park offers nice biking, jogging, walking, and fishing oppommities. The general public and various orgamZations frequently use it as a venue for cookouts and parties, while the Department of Parks and Recreation hosts league softball games and other sporting events there. Located adjacent to Wasena Park, Smith Park is a 10-acre community park. The facility includes a picnic shelter with restrooms, a large playground structure, and a small memorial garden. Triangle Park is a .3-acre park located between Hamilton Avenue and Kems Avenue. It provides a scenic open space with a picnic table. The Wasena Neighborhood Forum hosts an annual block party at the park inthe fall. In the heart of the neighborhood, between Hamilton and Valley Avenues near Triangle Park, Valley Avenue Park is a two to three block stretch of well vegetated land. This park provides the neighborhood with atlractive green space; there are several tall trees that hang over a grassy field. The Roanoke River Greenway runs along Wiley Dhve through Wasena and Smith Parks. A segmem of Wiley Drive is halfpedesthan and half one-way vehicular. It is in the floodway and has been closed in the past due to flooding. The pedesthan lane is well utilized by pedestrians, runners, and people walking pets. It also provides a connection to Rivers Edge Park on Reserve Avenue. Greenways In addition to the Roanoke River Greenway, the proposed Brambleton Avenue Greenway nms through the neighborhood. This greenway would connect to the Roanoke River Greenway from Brambleton Avenue via Brighton S1]ceet. The proposed Murray Run Greenway would intersect with the Brambleton Avenue Greenway and nm along Brandon Avenue to connect with the Roanoke River Greenway. These routes are listed in the Roanoke Valley Conceptual Greenway Plan, but have yet to be developed. Wiley Drive and the Roanoke River Greenway 24 Flood plain Schools and Libraries Wiley Drive has in the past been closed for long periods when the Roanoke River floods. Most of the properties that lie within the flood plain are in the industrial district. The Roanoke River Flood Reduction Project will reduce the impact of flooding along this segment of the river, however in periods of excessive rainfall and water accumulation, Wiley Drive will likely flood. This situation has not caused concern, as the street can easily be closed, and the parks are an appropriate land use for this flood prone area. In addition to the properties acquired for the Flood Reduction Project, in the future additional properties should be acquired along the River and incorporamd as park land. Wasena Elementary School lies on the edge of the neighborhood on Sherwood Avenue. Pathck Henry High School is approxtmately a half-mile from the neighborhood at the comer of Grandm Road and Brandon Avenue. The Raleigh Court Branch Public Libraw is on the campus of Patrick Henry on Grandin Road Quality of Life Issues: Flooding of Roanoke River. Wasena Elementary School 25 Recommendations Recommended Policies and Actions Recommendations are organized by the Plan Elements (community design, residential development, etc.). Recommendations take the form of "policies" or "actions." Policies are Principles or ways of doing things that guide future deci- sions. Generally, policies are ongoing. Actions are projects or tasks that can be completed and have a definite end. Future Land Use The Future Land Use plan on the following page is the most important recommen- dation of this plan. It specifies how future development should take place. Zoning is the principal tool that is used to implement the future land use plan. Some of the current zoning is not consistent with the future land use plan, so the plan recom- mends changes th zoning so that future development will be consistent with the future land use plan. The Land Use and lnfrastructure Changes map graphically illuswates many of the plan's recommendations. 26 Community Design Policies Community Design Actions Development Model: Future development should follow the traditional neighborhood model prescribed by Vision 2001-2020. Building location: To encourage a pedestrian environment and desirable streetscape, commercial buildings should be placed close to the street, adja cent t~ the sidewalk. Storefronts should be limited in width (25'-40'). Estab lisbed building lines of existing development will guide placement of inftll dwellings. Main Street Village Center: The village center will be dense, compact in £zze, and identifiable. Uses in the village center will generally be neighbor hood-oriented commercial, but could contain some compatible businesses that serve a larger market. Live-work spaces and upper floor residential will be encouraged in the village center. Parking: Parking is recognized as a necessity, but will not be allowed to dominate any development. Parking will be located primarily on-street. Zoning regulations will consider the availability of on-slreet parking when determining appropriate levels of on-site parking. Where additional parking is warranted, it will be located to the rear or side of buildings. Industrial District: Industrial and commercial development will be designed and oriented in a manner that minimizes impacts on the environment and the neighborhood. Effective landscaping and buffering fi.om adjoining residential properties will be employed to prevent encroachment. Implement village center zoning: Implement village center zoning to replace the current CN zomng in the Main Street village center, and the C-2 zoning on the southern end of Main Street. Limit surface parking: Develop mechanisms to limit surface parking lots and encourage use of on street parking for periodic uses. Rezoning: Rezone or change use regulations in the indus~al dishfct along the Roanoke River. 27 Residential Development Policies Residential Development Actions Design and Orientation of Infill Housing: New housing should be compel lble with the existing structures in design and scale. Diversity of Housing Options: Thc diversity of housing that exists in thc neighborhood should continue. Discourage conversions: Limit the number of singIc-fanUly homes that are converted to duplex or multifamily. Orientation of Inf'lll Housing: Amend the zoning ordinance to ensure that new residential development is compatible with existing slmcmres in terms of setbacks and lot coverage, and to maxtmize the development potential of vacant properties and structures. Diversity of Housing Options: Maintain a zoning disltict similar to the current RM-1 in residential areas in the update of the zoning ordinance. Regulate conversions: Regulate the conversion of single-family homes to multifamily by requiting a special exception pemut to ensure that compatibil ity with the existing neighborhood is maintaine& 28 Economic Development Policies Neighborhood Commercial: Commercial establishments should be compat ible with the neighborhood, especially in the village center. UnderutiliZed Commercial/Industrial Land: Encourage redevelopment of vacant buildings with commercial or industrial zoning. Incompatible Land Uses: Industrial and commercial uses should have as minimal impact as possible on adjoining residential areas in terms of visibihty, noise and air quality. Economic Development Actions Limit surface parking: Develop mechanisms to limit surface parifing lots and encourage use of on street and shared parking for periodic uses. Redevelopment o f Industrial District: Target the former ice and cold storage building and industrial district for adaptive reuse. Considerations for redevelopment will include: Zoning that allows for flexibility in perrmlling a vibrant mix of commercial and residential uses, particularly live/work space. High-tech or other industhal uses that have a minimal environ mental and neighborhood impact. Possibilities for public/private parmerships. Main Street Village Center: Market the Main Street village center with particular emphasis on: Small-scale buildings with 2-3 stones. Neighborhood commercial uses with minimal noise and lighting impacts. Consider installation of decorative street lamps. Shared parking arrangements, including public/private parmer ships. 29 Infrastructure Policies Streetscapes: Streetscapes should be well maintained, attractive and func tional for pedestrian, bicycle and motor traffic, and traditional neighborhood streets should have urban amenities such as sidewalks and curb and gutter. Appropriate species of trees should also be planted along streetscapes. ConnecfiviW: The connectivity of streets and the grid street system should be promoted and maintained. SWeet width: Streets should be kept at the minimum width necessary to accommodate vehicular traffic and on-street parking. InfrastructureActions Plant Trees: Initiate tree planting on streets where they're lacking or have not been replanted after being removed. Work with the Neighborhood Partnership to plant trees and other landscaping. Wasena Bridge: Reduce Main Street on the Wasena Bridge to two travel lanes with mm lanes at Winona and Wasena Avenues. Main Street Village Center: Create a crosswalk across Main Street at Wasena Avenue with stamped asphalt. Main Street, Brandon and Sherwood Avenues: Make gateway improve ments to this intersection to enhance its attractiveness. 30 Public Services Policies Public Services Actions Police: The close relationship that officers assigned to the area have withresi dents and the neighborhood orgainzation should continue to be strengthened and suppot~l. Public Services: Public services will be dehvered to citizens in the most efficient manner possible, including combining some in common fa(flities m areas where they're needed. Continue commumcation between the neighborhood and Police: Confmue and improve upon collaborative efforts of residents, the neighborhood organiza tions and police. 3l Quali.ty of Life Policies Quality of Life Actions Parks: neighborhood parks will be safe and have well-mah:tained facilities that will be used by nearby residents. Flood Way/Plain Land: Land along the Roanoke River should be acquired to prevent future flooding problems from impacting citizens. Pedestrian and B¥cycle Accomodafion: Streets in the neighborhood should accommodate pedestrians and bicycles in addition to velficles. Plant Trees: Initiate tree planting on streets where they're lacking or have not been replanted a~er being removed. Work with the Neighborhood Partnership to plant ltees and other landscaping. Greenwavs: Evaluate the Brambleton Avenue Greenway route. 32 Implementation Funding Funding for major infrastructure projects is generally provided through the city's Capital Improvement Program. Funding can come from a variety of sources, including CDBG, transportation funding, state and federal funds, and general revenue. The Capital Improvement Program is developed by identifying needed projects and matching them with potential funding sources. Each project is reviewed and ranked in terms of priority. The chart on the following page identifies major ProJects, their time frame, the lead agency or department, and potential sources of funding. The cost of most projects such as streetscape improvements cannot be determined until more detailed planmng is completed. How largo )urOjects are nded: The Capital Improvement Program Funding Sources Bonds General revenues State and Federal CDBG Project grants Others Needed Projects Parks Buildings Economic Development Streets, sidewalks and bridges Storm dnftns Schools Priority projects & their funding sources identified 5-year Capital provement Program 33 Below is a general guide to the time needed to carry out the actions of this plan. It is intended to assist with scheduling priority projects, but does not provide a specific timeframe for each item. Action I 2 3 4 5 o~o~g Lead Agency Potential funding sources Strategic Hotming Plan , (Citywide) H N S HNS operating budget Zoning {2]aanges * PBD PBD operating budget Market village center & industhal area * ED ED operahng budget Wasena Bridge * CDBG, TEA-21, Bond, Traffic cakning PW PW operating budget Tree planting and HNS, CDBG, Bond, landscaping * P&R P&R operating budget Develop Brambleton * PW operating budget, Avenue Greenway route PW, P&R P&R operating budget Continue COPE & , PD, Neighborhood Watch WNF PD perating budget Abbreviations: CDBG -- Community Development Block Grants (Federal funding to the city) ED = Roanoke Department of Economic Development HNS - Roanoke Department of Housing and Neighborhood Services PD = Police Department PBD -- Roanoke Planning Building and Development P&R= Roanoke Parks and Recreation PW = Roanoke Public Works TEA-21 Transportation Enhancement Act (Federal transportation funding) VDOT = Virginia Department of Transportation WNF -- Wasena Neighborhood Forum 34 Budget Estimates Below is a general guide to the resources needed to carry out this plan where costs can be estimated. It is intended to identify needs during budget develop- ment, but does not necessarily provide for funding. In some cases, an esti- mated cost is unavailable because additional assessment is needed. Estimates should be used to anticipate and plan for furore funding needs. Estimated Project Cost Participants Considerations Residential Development: S~-ategic Housing Plan $100,000 HNS Proposal is undenvay (Citywide) Zoning $100,000 PBD Update of the zoning Ordinance ordinance is presently (Citywide) underway & funding has been allocated. Economic Development: Market Main St. Unknown village center ED Gather & provide information for Market industrial area Unknown prospective developers Infrastructure: Wasena Bridge h-affic calming Unknown Two-lanes w/bike lanes PW Wasena Bridge & Gateway Unknown Brandon/Sherwood/Main Improvements Intersection Quality of Life: Brambleton Avenue All potential greenway Greenway Unknown P&R, PW routes need to be ,,valuated further Plant Trees $10,000 HNS, P&R, WNF 35 Acknowledgments Cit~ Council Mayor Ralph K. Smith Vice Mayor C. Nelson Hams William D. Bestpitch M Rupert Cutler Beverly T. Fitzpalrick Alfred T. Dowe, Jr. Linda F. Wyatt Planning Commission Chairman Robert B. Marietta Vice Chairman Richard A.Rife Gilbert E. Butler, Jr. D. Kent Chrisman Paula Prince Henry Scholz Fredrick M. Williams Planninll Buildine & Development Brian Townsend, Director Project Manager: Frederick Gusler, City Planner II Thanks to the Wasena Neighborhood Forum and all the residents and property owners who participated in the community workshops. 36 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va, us September 19, 2003 File #165-200 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Robert B. Manetta, Chair Fredrick M. Williams Richard A. Rife Paula L. Prince Gilbert E. Butler, Jr. D. Kent Chrisman Henry Scholz City Planning Commission Dear Ms. Prince and Gentlemen: I am enclosing copy of Ordinance No. 36493-091503 approving the Morningside/Kenwood/Riverdale Neighborhood Plan, and amending Vision 2001-2020, the City's Comprehensive Plan, to include the Morningside/Kenwood/Riverdale Neighborhood Plan. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 15, 2003, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Fnclosure pc: Sandra Fanes, Southeast Action Forum, 1616 Stewart Avenue, S. E., Roanoke, Virginia 24013 Glen Gilmer, Riverdale Neighborhood Watch, 1405 Riverdale Road, S. IF., Roanoke, Virginia 24014 Darlene L. Burcham, City Manager Rolanda B. Russell, Assistant City Manager for Community Development Martha P. Franklin, Secretary, City Planning Commission 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 2003. No. 36493-091503. AN ORDINANCE approving the Momingside/Kenwood/Riverdale Neighborhood Plan, and amending Vision 2001 - 2020, the City's Comprehensive Plan, to include the Momingside/Kenwood/Riverdale Neighborhood Plan; and dispensing with the second reading of this ordinance by title. WHEREAS, the Momingside/Kenwood/Riverdale Neighborhood Plan (the "Plan") was presented to the Planning Commission; WHEREAS, the Planning Commission held a public heating on August 21, 2003, and recommended adoption of the Plan and amending Vision 2001 - 2020, the City's Comprehensive Plan (the "Comprehensive Plan"), to include such Plan; and WHEREAS, in accordance with the provisions of §15.2-2204, Code of Virginia (1950), as amended, a public hearing was held before this Council on Monday, September 15, 2003, on the proposed Plan, at which heating all citizens so desiring were given an opportunity to be heard and to present their views on such amendment. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That this Council hereby approves the Morningside/Kenwood/Riverdale Neighborhood Plan and amends Vision 2001- 2020, the City's Comprehensive Plan, to include the Momingside/Kenwood/Riverdale Neighborhood Plan as an element thereof. 2. That the City Clerk is directed to forthwith transmit attested copies of this ordinance to the City Planning Commission. 3. 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 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~¢i.roanoke.va.us September 15, 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: Amendment of Vision 2001-2020 to include the Morningside/ Kenwood/Riverdale Neighborhood Plan Planning Commission Action: Planning Commission public hearing was held on Thursday, August 21, 2003. By a vote of 7-0, the Commission recommended approval of the Morningside/Kenwood/ Riverdale Neighborhood Plan. Background: The subject neighborhood plan covers the Morningside, Kenwood, and Riverdale neighborhoods in the southeastern portion of the City. Morningside and Kenwood neighborhoods have a traditional neighborhood development pattern and are designated rehabilitation districts. The Riverdale neighborhood has a less dense, suburban development pattern. The neighborhoods are bounded by Highland Avenue and Dale Avenue to the north, the Town of Vinton and Roanoke County to the east, Rutreugh Road and Riverland Road to the south, and the Roanoke River to the west. The Planning Building and Development staff conducted three neighborhood workshops in early 2003. City staff from various departments--including the Police Department and Department of Housing and Neighborhood Services--attended the workshops. The Southeast Action Forum and the Riverdale Neighborhood Watch were involved throughout the planning process. Considerations: In the planning process, residents and staff identified the following major issues facing the neighborhood: · A lack of new homeowners in the area. · Maintenance and upkeep of an aging housing stock. · Recurring zoning code violations such as outdoor storage and inoperable vehicles. · Ineffective street design along major corridors. · Lack of restaurants and other commercial amenities in village centers. To address these issues, the plan features five priority recommendations: Housing · Develop materials and create liaisons with the appropriate groups--i.e. realtors associations, chamber of commerce, etc.--to market the neighborhoods' strengths, especially the abundance of larger, affordable homes, convenient locations, and a pedestrian-oriented neighborhood design. Zoning · Lower zoning density from multifamily to single- and two-family in selected areas (between village centers), leaving higher density zoning in and around village centers. In addition, zoning in village centers should encourage a mix of uses and building scales that ara appropriate in a neighborhood setting. Zoning codes should promote the development of well-designed commercial structures that encourage pedestrian activ!ty. · Implement streetscape improvements such as planting species- appropriate street trees, installing and enhancing sidewalks and curbs, and adding parking lanes. The priority streets are: · Dale Avenue · Riverland Road/Bennington Street/13th Street · 9~h Street Economic Development · Apply for lhe reinstatement of State EnterpdseZone One in 2004. Code Enforcement · Enforce housing maintenance codes and use public nuisance abatement ordinances--including the Rental Inspection Program--to compel compliance. Encourage citizen participation in the identification of code violations. The five priority recommendations address the most prominent issues in the neighborhood, but are not comprehensive. The plan contains a number of other action items. Vision 2001-2020, the City's Comprehensive Plan, provided the framework for the plan. The policies and actions of the plan are consistent with those in Vision 2001- 2020. Recommendation: The Planning Commission recommends approval of the Morningside/ Kenwood/Riverdale Neighborhood Plan for adoption as a component of Vision 2001- 2020. CC: Respectfully submitted, Robert B. Manetta, Chairman Roanoke City Planning Commission Darlene L. Burcham, City Manager Rolanda Russell, Assistant City Manager for Community Development William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney IN THE PLANNING COMMISSION OF THE CITY OF ROANOKE, VIRGINIA This 21 st day of August, 2003 A RESOLUTION recommending the adoption of the Morningside/Kenwood/ Riverdale Neighborhood Plan as an element of the City's Comprehensive Plan. WHEREAS, a series of community workshops were held in the Morningside/Kenwood/Riverdale neighborhood to gain input into the plan; WHEREAS, the draft plan has been reviewed by the neighborhood, city staff, and the Long Range Planning Committee of the City of Roanoke Planning Commission; and WHEREAS, the Momingside/Kenwood/Riverdale Neighborhood Plan has been advertised in accordance with Section 15.2-2204 of the Code of Virginia (1950), as amended, and pursuant to that notice, a public hearing was held on August 21,2003, at which all persons having an interest in the matter were given a chance to be heard. BE IT RESOLVED by the Planning Commission of the City of Roanoke that it recommends to City Council that the Morningside/Kenwood/Riverdale Neighborhood Plan, dated August 21,2003, be adopted as an element of the City's Comprehensive Plan, and that by signature of its Chairman below, the Planning Commission hereby certifies the attached copy of the neighborhood plan to City Council. ATTEST: Morningside/Kenwood/ Riverdale NEIGHBORHOOD PLAN ROANOKE VIRGINIA Contents: vision August21,2003 Planning Building & Development Introductio[ The Morningside, Kenwood, and Riverdale neighborhoods are located in the southeast section of Roanoke. The neighborhoods are older and well estab- lished. Development patterns vary throughout the area. Momingside and Kenwood are relatively dense traditional neighborhoods, while Riverdale has a more suburban character. Commercial development is concentrated in centers along arterial streets. Industrial uses are concentrated along the Roanoke River. The American Viscose plant was an important employer that attracted families to settle in the area. The plant closed in 1958, but the neighborhoods continue to offer a variety of housing options and public services, including elementary and middle schools, a branch librasy, a boys and girls club, and two expansive parks. The area has convenient access to the commercial areas along the Bullitt-Jamison and Dale Avenue corridor and businesses on Ninth Strcet, 13th Street, and Bennington Street. The planning staff involved the community in the develop~nent of this plan. Plant,rs worked with residents and property owners in the late winter and early spring of 2003 through a series of workshops to identify issues of concern. Community input was used to guide development of the policies and actions in the plan. High priorib initiatives This plan proposes five priority initiatives: Comprehensive zoning changes · Housing maintenance and upkeep Physical improvement of main corridors · Encouraging vibrant village centers · Addressing zoning code violations such as inoperable vehicles and outdoor storage These initiatives are reflected in the policies and actions located in the Recommendations section. There are many nice views from the neighborhoods of the surrounding mountains. This view from the Momingside neighborhood is of Mill Mountain. A view fi.om Redwood Road in the Riverdale neighborhood. Downtown can be seen in the distance. Plan Elements Discussion in this plan is organized into six Plan Elements: · Community Design - looks at physical design and land use patterns · Residential Development - addresses existing and new homing opportunities · Economic Development ~ deals with commercial and indush-ial development · Infrastructure - evaluates transportation systems and utility systems such as water, sewer, and storm drainage · Public Services - assesses Fire/EMS, police, and other city services · Quality of Life - examines recreational opporttmities, environmental issues, education, and community development Each plan element contaim information about current conditions and issues. 3 Community Design Ph $t,,al Layout The Morulngside, Kenwood, and Riverdale neighborhoods are located southeast of downtown. Momingside and Kenwood have a traditional neighborhood design with narrow, tree-lined streets arranged in a grid system. However, given the hilly terrain of the area, many streets do not connect or have shorter blocks than average. The southeastem section of the Riverdale neighborhood, bordering the county, is suburban in its development patterns, with large lots and curving streets. This picture of Pechin Avenue shows how the hilly terrain dictates the street patterns in the area. Ninth Street, Bennington Street, 13th Street, and Dale Avenue are the most visible and heavily-used corridors in the neighborhoods. Each arterial's streetseape should offer a welcoming impression of the area and adequately support pedestrian, bicycle, auto, and transit traffic. Features such as clearly defined on-street parking and bike lanes, street trees, and well-marked or "articu- lated'' crosswalks can enhance a streetscape. Some arterial streets already incorporate many principles of good street design: for example, 13th Street features several tree-lined median strips. More design features similar to this are needed to improve the appearance and function of the streets. Traffic calling designs which encourage autos to travel at safe and manageable speeds are also a key consideration for streetseape enhancements. Collector streets like Buena Vista Boulevard and Kenwood Boulevard provide access ~om residential areas to arterial streets. Many collector streets feature sidewalks, plaming strips, and mature street trees. It is key for collector streets to maintain their residential character and appealing streetscape while supporting traffic circulation through the neighborhoods. In several cases in the area, collector streets need basic infrastructure improvements to build on their aesthetic appeal and overall function. Buena Vista Boulevard needs ourb and gutter installations to improve on-street parking and storm water drainage, as well as to better define the street. Montrose Avenue: a collector street with excelleat infrastructure provides easy circulation for pedestrians and autos alike. Land Use Patterns Roanoke River: Taken from the 9th Street Bridge in front of the former American Viscose Plant. Historically the river played a critical role in land use development. In general, smaller residential streets are narrow, single lane streets with parking on one or both sides. This type of street is often referred to as a "yield street," when cars traveling in opposite directions meet, one car must yield to let the other pass. This type of street is very effective in promoting neighborhood- appropriate traffic speeds. Many streets have accessible alleys. Alleyways are seven to ten feet wide and provide residents with rear access to their properties. Most alleys are graveled, but some are paved with cobblestone or brick. The area has typical land use patterns found in other traditional urban neighborhoods throughout the City. Primarily, the industrial land uses are near or along the Roanoke River. Commercial nodes are found on arterial streets, mostly at the larger intersections, i.e. Riverland Road and Bennington Street, 13th Street and Jamison Avenue. Over two-thirds of the properties are residential uses, mostly located on smaller residential streets. Of the residential land uses, almost two-thirds of the land is used for single family dwellings. A medium density land use pattern is found in Momingside and Kenwood, while a low density residential land use pattern covers most of the Riverdale neighborhood. There are few high-density residential uses in the area. The multifamily complexes are located in the Kenwood and Riverdale neighborhoods, each of which is located in or near a larger intersec- tion or existing village center. Only six percent of the total land is used for duplex or multifamily use. Multifamily dwellings tend to be located in apartment complexes, rather than scattered within the neighborhood. An example of housing density and design in the Momingside neighborhood. Land Use Patterns (cont.) Community Focus Over twenty percent of the land is vacant. Vacant parcels are dispersed in residential, commercial, and industrial areas. Many parcels have steep topogra- phy, which limits their development potential. In several cases, vacant land provides a valuable buffer and green space for residential areas. Generally, furore land use should be guided by existing land uses. Vision 2001-2020 recommends that neighborhoods function as villages, where there is an opportunity to live, work, play, shop, and interact in a neighborhood setting. Jackson Park is a primary focus for the community. Jackson Park is a 23-acre green space that features Buena Vista Recreation Center-a historic landmark for its Greek Revival style architecture. The Jackson Park Library and the Jackson Middle School are resources where residents gather for community events, learning, and recreation. Whether watching a youth softball game at Jackson Park, gathering for a book club at the library branch, or using a treadmill at the Jackson Park Fitness Center, this area is a common destination for the community. Jackson Park: the lighted multipurpose athletic field is used for baseball/softball and soccer/football. Jackson Park Library Branch: as part of the Roanoke Public Library system, the branch provides convenient access to books and other media materials. It is also a community gathering place. 6 ~ +o?~ ~ ~000 Residential Development The Momingside, Kenwood, and Riverdale areas Mve been well established since the early 1900s. The average age ora home in the area is over 40 years, with more than 25% of the current houshag stock being constructed during the 1920s. Compared with the City as a whole, the area has a much greater percent- age of homes built prior to 1940. Architectural styles range from larger, two-story Queen Anne and Four square homes, to smaller, Cape Cod and ranch homes. Most oftbe new residential development is small ranch design houses in the Riverdale neighborhood. Rehabilitation Districts Population Momingside and Kenwood am designated as Rehabilitation Districts. This designation means that the City recognizes that an area is at risk of deterio- rating and makes properties-and the area in general-subject to anti-blight programs and eligible for rehabilitation incentives. One program, the Rental Inspection Program, requires that residential rental properties in these neighborhoods be inspected every two years before they can be rented. Overall, the population decreased by three percent between the Census 1990 and Census 2000. The area has a slightly older population in comparison to the City. The greatest percentage of difference is in the 40 to 64 age group. Since the number of housing traits increased, the population loss can be attributed to fewer people per household. The shif~ toward smaller households is a eitywide (and national) trend. An example of housing architecture on Tayloe Avenue AGE DISTRIBUTION; COMPARISON BETWEEN AREA AND ROANOKE Area Citywide 0-17 Years Old 26% 25% 18-39 Years Old 32% 37% 40-64 Years Old 28% 22% 65 Years and Over 14% 16% Source: U.S. Census 9 F entat Housing HOUSING: CITYWIDE COMPARISON Median house value $57,157 Rents below $500 per month 59% Persons per household 2.4 Owner-occupied 58% Renter-occupied 42% Soume: U.S. Census Citywide $80,300 66% 2.6 The area has an ample supply of affordable housing options. Nearly three out of every five apartments rents for less than $500 per month and the median house value is over $20,000 less than the City's median value. Almost 10% of the total housing units are publicly-subsidized. Roanoke Redevelop- ment and Housing AUthority (RRHA) has two public housing developments in the area. Jamestown Place, located on Bennington Street, has 150-townhouses. Momingside Manor, located on 13th Street in the Kenwood neighborhood, is an apartment building with a 105 units providing independent living for the elderly and disabled. RRHA has issued 77 Section 8 vouchers to thmilies living in the ar~. 56% 44% PUBLIC AND SUBSIDIZED HOUSING Units Total housing 3375 Public housing 255 Publicly-subsidized housing 77 Source: U.S. Census Momingside Manor: located near the village center at the corner of 13th Street and Dale Avenue and in close proximity to two bus lines, it is a convenient location for both residents and their visitors. RACIAL COMPOSITION 1990 2000 White 96% 91% Black 3% 5% Other Races and Multiracial 1% 4% Source: U.S. Census 10 Residential Zoning During the neighborhood workshops, residents expressed concerns regarding the overall condition of the housing stock. Many homes have deferred maintenance issues that detract from a block's overall marketability and attractiveness. When these issues are not addressed properly, they eventually lead to code violations and deterioration of the structure. The expansion of current assistance programs and the development of new assistance programs could help homeowners fix up their properties and stabilize their block and surrounding neighborhood. The area has two types of residential zoning: RM-1 (residential multifamily, low density) and RM-2 (residential multifamily, medium density). RM-1 is generally single family homes with scattered duplexes (by special exception). RM-2 permits multifamily development outright. In most cases, apartment complexes and buildings are found in RM-2 zoning districts. There am 2,014 residentially- zoned properties in the area: 88% single family, 11% duplexes, and 1% multi- family. Some defined areas may warrant a change to single family zoning, particularly in the Riverdale area. HOUSING: CENSUS 1990 VS. CENSUS 2000 1990 2000 Housing units (occupied) 3067 3128 Owner-occupied 59% 58% Renter-occupied 41% 42% Persons per household 2.5 2.4 Source: U.S. Census An American Foursquare home on Munford Avenue 11 Economic Development Village Centers Morningside, Kenwood, and Riverdale have a number of existing village centers that provide convenient access to basic goods and services such as convenience stores, drug stores, auto parts stores, hair salons, and grocery stores. A village center is characterized by a mixture of higl~intensity uses, neighborhood-oriented retail, office, and residential uses. It should have sidewalks and pedestrian links to the surrounding area. A village center should be limited in size to prevent encroachment into residential areas and to provide well-defined business areas. Different sizes of village centers have different capacities and purposes as well. A larger village center might have some larger-scale businesses, such as a supermarket, that attract customers from several surrounding neighborhoods, while a small village center generally features smaller community-oriented services, such as a gas station or a Laundromat. Small Village Center: Located on Bennington Street between Edgerton Avenue and Riverdale Road. Large Village Center: Corner of 9th and BullittAvenue. Center extends down 9th Street past Highland Avenue into the Momingside neighborhood. 12 Village t ;enters fcont,) There are eight village centers in the area: Small Village Centers: Bennington Street between Edgerton Avenue and Riverdale Road 9th Street at Buena Vista Boulevard 13th Street at Tayloe Avenue Bullitt-Jamison corridor between 12th and t4th Streets 9th Street between Woodrow Avenue and the railway Large Village Centers: Riverland Road/Benning~n Sweet/Rome 116 9th Street north of Highland Avenue Parkside Plaza on Dale Avenue The village center at the intersection of Riverland Road, Bennington Street, and Route 116 has potential for out-parcel development. New development should minimize parking in the front of the building and create a more significant streetscape along the corridors. Large Village Center: the Riverland Road/Bennington Street/Route 116 village center features two grocery stores, a fire station, and a church, among other uses. 13 Village Centers Former Light's grocery: On the corner of Kenwood Boulevard and Greenbrier Avenue, could be the location of a Iow- intensity use that blends well with the surrounding neighborhood. Both Momingside and Kenwood once had comer stores scattered within their residential areas. Many of these buildings remain and contribute to the neighborhood's "fabric." The former Light's grocery, for example, is an important landmark for the Kenwood neighborhood. While their viability as comer stores is questionable, these buildings should be preserved and reused. There are many possibilities for adaptive reuse for low-intensity businesses that would be compatible with surrounding residential uses. Parkside Plaza, near the city limits on Dale Avenue, is a future development oppommity. It was originally developed as a small strip shopping center. Vision 2001-2020 encourages a "grey field redevelopment" model that develops street frontage buildings for retail uses and the larger rear buildings for light industrial uses, with parking on the interior of the development. Parkside Plaza is an ideal candidate for this type of redevelopment. Parkside Plaza: an excess of parking spaces for the current commercial uses. Redevelopment should reduce parking and add interior landscaping. Parkside Plaza: development along Dale Avenue should incorporate green space for an aesthetically pleasing design. 14 Industria! Development Roanoke Industrial Center's Management Office Enterprise Zone The industrial corridor for the neighborhood runs along the Roanoke River. Much of the land is located between the railroad tracks and the Roanoke River. Over 38% of the land in the three neighborhoods is zoned for either light or heavy manufacturing. The large parcel located in the former sludge field is in the floodway and scheduled to be in-filled and used for industrial development. Several uses located in the area are American Electric Power, Hooker Furniture, and City of Roanoke Water Pollution Control Plant. The Roanoke Industrial Center-occupying a large portion of the former American Viscose Plant-has over 40 tenants leasing 1.1 million square feet. The former American Viscose plato was identified in Vision 2001-2020 as an "underutilized industrial area" that is a future development opportunity. The site has number of issues, most notably, its location within the flood plain. In addi- tion, the site could have environmental contamination issues that would need to be addressed before redevelopment could take place. The Enterprise Zone One allows businesses to qualify for many local and state economic incentives, including faCde grants and rehabilitation of existing structures tax credits. The local incentives for the Enterprise Zone One will be available through December 31, 2003. Efforts are underway by the City of Roanoke to have the zone reauthorized by the state. The Roanoke Industrial Center will remain part of the proposed zone. Hooker Furniture: Landscaping and well- kept administrative buildings enhances its presence in a residential section of the Kenwood neighborhood. 15 Infrastructure Corner of 9th Street and Montrose Avenue Momingside and Kenwood have a connected grid sWeet-system that provides drivers and pedestrians with numerous travel routes. The eastern portion of the Riverdale neighborhood differs from the rest of the area in that it is more subur- ban in character. This section bordering the county has a less consistent street pattern, with many streets lacking sidewalk and curb. The arterial streets serving the area are 9th Street, Dale Avenue, 13th Street, Beonington Street, and Riverland Road. The major collector streets in the area are Riverdale Road, Kenwood Boulevard, and Buena Vista Boulevard. According to the Roanoke City Thoroughfare Plan, almost all of the arterial streets adequately support current traffic levels. Dale Avenue from Jamison Avenue to the Vernon Street intersecton is the exception: the corridor was determined to have traffic levels alx)ve its intended capacity. ~ Fallon Park TOWN OF ~ VINTON N Mill Mo~r~t~ n.Park Transportation System 16 Streetscapes Highland Avenue: with large planting strips and well-established large-species trees, it is an excellent example of an effective streetscape. An effective streetscape combines a high level of function with a pleasant curb appeal. It blends the City's infrastructure (utilities, streets, sidewalks, etc.) and the surrounding land uses (homes, businesses, parks, etc.) seamlessly to provide a higher quality of life for residents. Vision 2001-2020 eanphasizes improving and enhancing existing streetscapes: Roanoke's streetscapes should be welcoming and attractive multi- modal linkages that carry vehicle traffic, pedestrians, and bicycles safely and efficiently to and from their destination. The type and location of a street should be considered in light of any future infrastructure improvemems. For example, smaller residential streets in the eastern portion of the Riverdale va~ighborhnod may not require curb and gutter given the suburban character of the area. On the other hand, Buena Vista Boule- vard-a heavily used collector street in the Morningside neighborhood-would be greatly improved with curbing. Improvement strategies for arterial streets should address the ~bllowing goals: · Improve overall llvability along the street · Improve pedestrian safety · Minimize disruption of the existing neighborhood · Reta'm capacity to handle current and future volumes, while not inducing more traffic · Reduce speed - at least 85% of the traffic should travel at 30 m.p.h, or less · Keep commuter traffic off of side streets · Ensure other thoroughfares carry their fair sham of traffic 17 Streetscape and traffic-calming measures can respond to these goals. Following are some potential streetscapedtraffic-calming tools that may be used: · Planting large-species trees on both sides of the street · On-street parking · Installing curb extensiom at intersections and mid-blocks to reduce crossing distance for pedestrians and define parking lanes · Marking pedestrian crossings with stamped asphalt or other material to a change in color and texture · Painting the shoulder to reduce the apparent pavement width and keep traffic away fi.om street trees · Speed tables (elongated speed bumps) and raised intersections Dale Avenue The arterial and heavily traveled streets are the top priorities for streetscape and traffic-calming improvements: Dale Avenue Riveriand Road/Bennington Street/13th Slreet Corridor 9th Street Dale Avenue-fxom the 13th Street intersection to the city boundary line-is the northern edge of the Kenwood neighborhood. Dale Avenue is considered the eastern portion of the Bullitt-Jamison corridor and is the primary thoroughfare leading into V'mton. Dale Avenue currently supports traffic levels above its intended capacity. It is important that the corridor at least retain its current capacity. The street consists of four, 12-15 foot lanes with a 10-12 foot median strip or turning lane. With approximately 83 feet of public right-of-way along Dale Avenue, the travel lanes are overly wide for vehicles and encourage motorists to travel at unsafe speeds. Several streetscape measures could achieve an enhanced street design and calm traffic. Any improvements should be consistent with the improvements implemented in Bullitt-Jamison Corridor as part of the "Southeast...By Design" project. 18 Dale Avenue {contO Riverland Road/ Bennington Street/ 13th Street Foot path along the arterial Bennington Street demonstrates heavy use by pedestrian truffle. The following potential streetscapeYtraffic-calming tools may be used along Dale Avenue: · Planting large-species trees on both sides of the street · As trees in the center median require replacement, they should be replaced with larger species trees · Marking pedestrian crossings with stamped asphalt or other material to create a change in color and texture, especially in front of Fallon Park Elementary School · Painting the shoulder to reduce the apparent pavement width and keep traffic away from street trees This corridor provides an important cor~ncetion through southeast Roanoke. Many city and regional drivers use the corridor to access Route 24 to the east and the Riverland and Garden City neighborhoods to the west. By 2015, over 23,000 vehicles per day are projected to travel on Bennington and 13th Street between Riverland Road and Dale Avenue (Roanoke Valley Area: Long Range Transportation Plan 1995-2015). The corridor is sufficiently wide, but lacks sidewalks and streetscape enhancements. Bennington Street is subject to occasional flooding due to its proximity to the Roanoke River. The Roanoke River Flood Reduction Project should reduce some flooding and preserve and enhance the grecnway along the river front. The street is 2-lanes from the Riverland Road/Route 116 threc-way intersection to the Riverdale Road inter- section and widens to 4-lanes through 13th Street. The 13th Street corridor-from Bennington Street to Jamison Avenue-is a nice thoroughfare in the area. Median strips, a sidewalk on the west side, and street trees on the east side add to its appeal. No sidewalk exists along most of Bennington Street, although a well- worn foot path indicates heavy pedestrian traffic through this area. Suggested strcetscape improvements include: As trees in the center median require replacement, they should he replaced with larger species trees · Plant appropriate species trees along the narrow planting strip. Street trees along the planting strip help define the s~'eet and create the perception ora narrower passage way for drivers causing them to slow their speeds · Add sidewalk along the east side of Bennington Street to provide pedesthan access to village centers along 13th Street and the village centers · Plant large species trees along the edge of the Water Pollution Control Plant 19 9th Street The 9th Street arterial corridor is a wide, two-lane street. Many commercial vehicles, including tractor-trailers, use this route to access the commercial- industrial businesses at the southern end of the street. From the railroad tracks to the village center at the comer Jamison and 9th Street, it is important to def'me the residential and retail areas in an effort to slow the average speed of vehicles and create a more pedestrian-friendly streetseape. The narrow planting sU-ips and deteriorating curbs do not provide an adequate edge and buffer between the street and the sidewalk. Some suggested streetscape improvements include: · Mark parking lane on east and west sides of the street from Highland Avenue to Morgan Avenue · Mark pedestrian crossings with stumped asphalt or other material to create a change in color and texture corner of Montrose Avenue, Penmar Avenue-Buena Vista Boulevard, Morehead Avenue(on west side), ami Buena Vista Boulevard intersections Replace or buildup curb to standard heights Plant appropriate street trees along planting strips where feasible · Plant large-species trees on property bordering the Jackson Middle School 9th Street: the sweeping boulevard offers great potential to add to an already pleasant streetscape. In this picture, street trees along Jackson Middle School property, articulated crosswalks for students, and striped parking lane(s) are possible improvements. 2O 1-73 The corridor for the planned 1-73 interstate cuts along the western edge of the Morningside and Riverdale neighborhoods. The project is in the preliminary stages of planning and little is known about tl~ future design of the highway. However, it is certain that the highway will have a profound negative effect on the Momingside and Riverdale neighborhoods. There may be an opportunity to reduce the negative impacts to the surrounding neighborhoods through "Context Sensitive Design." The idea of Context Sensitive Design is promoted by the Federal Highway Administration as an approach to make the project work better within existing communities. The City sbaxttd advocate the use oftbe design concept to mitigate some negative impacts. If the project proceeds, future land use and development will need to be reevaluated along the entire corridor through the City. Flood Reduction Flooding is a concern among residents in the Riverdale area. At the very least, flooding can be an inconvenience which closes streets and makes traveling difficult. At its worst, flooding can cause major damage to private and public property and put residents in dangerous, and possibly fatal, situations. Eleven percent of the properties in the area are partially or entirely within the 100-year flood plait[ In a joint effort by the Corps of Engineers and City of Roanoke, the Roanoke River Flood Reduction Project was designed to reduce annual flooding damage by 50% along the Roanoke River. Final construction plans, land acquisition, and utility relocations are underway. Phase I (fi.om the Water Pollution Control Plant to Wasena Park) is scheduled to start construction in late 2003, pending federal funding. Also included in this project is a 10-mile recreation trail. The channelization project will benefit the region beyond simply limiting flood damage. It will increase the recreational opportunities along the river, stabilize and beautify the riverfi.ont, and encourage pedestrian and bicycle traffic. 21 Bicycle/pedestrian connections A view of the Tinker Creek greenway from the Kenwood Boulevard access. The Momingside and Kenwood neighborhoods have a sufficient network of sidewalks, especially along the arterial and collector streets. Some segments of sidewalks have deteriorated in places and are nonexistent in others. In many blocks on smaller residemial streets, sidewalks are impractical due to factors such as the narrow width of public right-of-way and steep wades and embank- ments of the topography. The Riverdale neighborhood lacks sidewalks in many areas. Bennington Street, an arterial street, lacks sidewalks along much of the corridor through the neighborhood. Heavy foot traffic has mused well-worn patios to form along the east side of the street. A sidewalk is necessary for a safe pedestrian path. The recreation trail, proposed as part of the Roanoke River Flood Reduction Project, will add a valuable connection for pedestrian and bicycle traffic to access other City neighborhoods and parks. Special attention should be given to ensure that Riverdale residents have safe and convenient access to the trail. The Tinker Creek Grecnway opened in 2001 and provides recreation and transportation connections along the eastern border with V'mton. The trail connects to Kenwood Boulevard, providing access from within the neighbor- hood. 22 Public Services Transit secvice Overall, the area is well covered by the Valley Metro bus service. There are two bus routes that mn through or near the three neighborhoods and are within a short walk for most residents. Community Resources and Assets There are two schools in the area: Momingside Elementary School and Jackson Middle School. A fitness center is located at Jackson Middle School and is open to all City residents for a nominal fee. The Jackson Park Library is one of six branch libraries in Roanoke. The Boys & Girls Clubs of Roanoke Valley operates a community center that provides after school and weekend activities for youths. Police Roanoke Police Department divides the City into 14 districts. All three neighbor- hoods are part of district 13. In 2001 and 2002, the most calls for service in the neighborhoods were regarding disorders, animal offenses, and larcenies. The police department operates a satellite police station out of the Old #7 fire house located on Jamison Avenue in the adjacent Belmont neighborhood. Fire/EMS Fire station 6 is located on Jamison Avenue and is the closest in proximity to the Kenwood and Morningside neighborhoods. It is home to the Engine 6, Medic 6, and Teeh I crews. Fire Station 11 is located in the Riverdale neighborhood on Riverland Road. It houses the Engine 11 crew. In addition, it is the location of a regional training facility. Morningside Elementary School. Jackson Middle School 23 Code En fot,ceme¢ t There has been an increase in the number of building code violation cases over the last few years. The general increase may not be attributable to a deteriorat- ing housing stock as much as to the increased number of code violation inspec- tors hired in the last few years and increased educational efforts by the COPE (Community Oriented Policing Effort) Unit of the Roanoke Police Department and the Roanoke Neighborhood Partnership. In addition, residents raised concerns regarding increased zoning violations including outdoor storage and inoperable vehicles. Solid Waste Management Trash collection is provided from the alley in most areas. Automated collection has transferred some refuse collection to the street. A City of Roanoke Utility worker out checking on a water meter in the Riverdale neighborhood. 24 Quality of Life The area bas four parks: two neighborhood parks and two community parks. Neighborhood parks serve as the recreational and social focus for the neighbor- hoods. The empbasis is on informal activity and passive recreation. Most neigh- borhood parks are two to nine acres in size. Bennington Park is located in the Riverdale Neighborhood on Bennington Street between Riverdale Road and Pike Lane. The park is three acres in size and provides scenic open space and excel- lent access to the Roanoke River for recreational and sporting opportunities. Located in Riverdale, Golden Park is a four-acre site located on Carlisle Avenue between Spruce Street and 16th Street. The park offers many amenities, including a picnic shelter with restrooms and picnic tables, lighted basketball and tennis courts, and a large open area for field sports, such as soccer and softball. Morningside Park: offers valuable greenspace in the Morningside neighborhood. Community parks serve the recreational needs of the larger community. They are also intended to preserve unique landscapes and open spaces. Community parks range in size fi.om 10 to 100 acres. The 26-acre Morningside Park features playgrounds, basketball courts, tennis courts, a baseball diamond, and open space. Situated off Morgan Avenue, the park provides an excellent edge and buffer between the residential and industrial areas. Much of the equipment (including signs and fencing) is in poor condition and the playing fields could better utilize the available space. A master plan for the park is needed to recom- mend improvements. The plan should also consider ways to enhance the park's accessibility and appearance fi.om Ninth SWeet. Jackson Park is a 23-acre site located in the heart of the Momingside neigh- borhcod. It includes the Buena Vista Recreation Center, a historic landmark noted for its unique architecture. The building is open on a pan-time basis to provide recreational and social programs to the community. For example, the Parks and Recreation Department sponsors old-fashioned country square dances for adults every f~t and third Friday of the month. The park features lighted tennis courts, a basketball court, baseball field, playground, and a picnic shelter. Fallon Park is a high-use facility abutting the Kenwood neighborhood on the north side of Dale Avenue. This park is 68-acres in size and features a swimming pool, ball fields, tennis courts, playground, and plenty of open space. 25 (continued) Health Mill Mountain Star Trail: leads from the access(in picture) off Riverland Road to the top of Mill Mountain. The Mill Mountain Star Trail (part of the Mill Mountain Greenwa~y) is 1.7 miles long and climbs steadily from Riverland Road across from the AEP substation to the Mill Mountain star. The nail is a natural surface. The Tinker Creek Greenway is a mile-long paved trail running from Fallon Park to Kenwood Boulevard. Carilion Roanoke Community Hospital and the Roanoke Memorial Hospital are in close proximity to the neighborhoods. The numerous medical clinics in Old Southwest are accessible from many parts of the neighborhood. The Presbyterian Center on Jamison Avenue provides periodic health and immunization clinics for residents of the neighborhood. The Boys & Girls Clubs of Roanoke Valley along with the Delta Dental Plan of Virginia sponsor the program, "Smart Smiles." "Smart Smiles" provides regular checkups and transportation to eligible children who lack insurance or are underiusured. Preliminary planning for a health clinic is underway. The Southeast Health Coalition is working to establish a clinic to meet the needs of the area. The Boys & Girls Clubs of Roanoke Valley: the 9th Street facility is the organization's headquarters and features several activity rooms, including a golf practice room Fitness Center: Residents have year- round access to new and modern fitness equipment at the Jackson Middle School 26 Recommendations Recommended Policies and Actions Recommendations are organized by the Plan Elements (community design, residential development, etc). Recommendations take the form of "policies" or "actions." Policies are principles or ways of doing things that guide future decisiom. Generally, policies are ongoing. Actions are projects or tasks that can be completed and have a definite end. Future Land Use The Future Land Use plan on the follow'rog page is the most important recom- mendation of this plan. It specifies how future development should take place. Zoning is the principal tool that is used to implement the future land use plan. Some of the cummt zoning is not consistent with the future land use plan, so the plan recommends changes in zoning so that future development will be corals- tent with the future land use plan. The Future Land Use map graphically illustrates many of the plan's recom- mendatiom. 27 Community De$ig Policies t 3th Street: Larger species trees on the center median would provide greater tree canopy, offering more shade and an aestistieally appealling streetscape. Future development: All areas, except for the eastern section of Riverdale, should follow the traditional neighborhood model prescribed by Vision 2001- 2020. Village centers: Neighborhood activity will be focused into eight village centers. Development in these areas should be dense and compact in size. Uses in village centers should generally be neighborbeod-oriented commercial with some uses serving the larger community. Medium- to high-density residential development: Residential development such as townhouses and apartments should be located in and near the village centers. Areas between village centers: Single-family residential development will be the primary use pattern. Two-family dwellings and commercial uses may be interspersed throughout these areas, but the dominant housing type will be single-family. Building scale: Buildings in small and pedestrian-oriented village centers should have at least two stories to encourage efficient use of limited commercial land, diverse uses, and a compact village design. Residential buildings should be at least two stories in most cases except in limited areas such as Riverdale and sections of Kenwood, where one-story buildings are common. The number of stories should be guided by the surrounding buildings. Building location: To encourage a pedestrian environment and desirable streelscape, buildings in village centers should be placed close to the street, immediately adjacent to the sidewalk. Auto-oriented village centers should encourage viable streetscapes and pedestrian walkways. Storefronts in small and pedestrian oriented village centers should be limited to the from of the property line to maximize the rear yards. Established building lines of existing develop- merit should be used to guide placement of infill dwellings. Plant street trees: Trees should be planted along arterial and collector streets. Mature trees with substantial canopies are an important part of a well-designed street. Preferably, they should be in the planting strip between the sidewalk and the sweet to create separation between pedestrians and motor vehicles. If the planting strips are too narrow, trees may be planted in curb extensions or another location within the public right-of-way. 28 Community Design PoJicies (continued) Incompatible land uses: Industrial uses should have as minimal impact as possible on adjoining residential areas in terms of visibility, noise, and air quality. Limit surface parking: Through zoning ordinance revisions, limitations to surface parking lots should be developed and on-street parking encouraged. Community Desig] Actions Lack of curb omen leads to cars parked on sidewalks which impedes pedestrian traffic. Lower residential density: Lower zoning density from multifamily to single- and two-family in selected areas (between village centers), leaving higher density zoning in and around village centers. Encourage corner commercial: Develop and implement zoning regulations to encourage appropriate reuse of comer commercial buildings. Implement infill design regulations: Establish the Neighborhood Design District zoning overlay to ensure that new construction is compatible with the traditional design of existing development. Implement village center zoning: Change zoning in village centers where needed to encourage a mix of uses and building scales that are appropriate in a neighborhood setting. Zoning codes should promote the development of well- designed commercial structures that encourage pedestrian activity. Install curb and gutter: Install curb and gutter where needed on key collector sweets, such as Montrose Avenue and Buena Vista Boulevard. Collector streets should have clearly defined borders with on-street parking. The channeling of storm water caused by new drainage patterns will need to be addressed. Replace unhealthy or dead trees with large species trees: As current street trees along the street edges or in median strips die or are removed, large species trees should be planted to increase the canopy coverage and overall appeal of the streetscape. 29 Residential Development Policies A well-maintained older home on Highland Avenue. Residential Development Actions Housing maintenance: Housing maintenance codes will be strictly and aggres- sively enforce& Communication with landlords: Landlords should be aware of public services, programs, and property maintenance standards. Market the neighborhoods: Advertise and promote the strengths of the neigh- borhood, with an emphasis on promoting the positive attributes of the housing stock. Demolition for parking: Demolition of houses is a last resort and should only be undertaken when rehabilitation options are sufficiently explored and found to be infeasible. Zoning regulations will discourage the demolition of houses for parking lots and will encourage un-street parking for periodic uses. Requests for zoning changes or special exceptions should be denied if they result in the demolition of a viable residential structure for parking. Zoning patterns: Zoning patterns will support housing revitalization and desired future residential laud use patterns and ~courage the preservation of single- family housing. Conversion of single-family homes: Control the conversion of single-family homes to duplexes by requiring a special exception process. Zoning changes: Support zoning changes to better regulate parking in front yards. Provide informational packets to landlords: In a proactive effort to engage landlords, a packet of brochures, fact sheets, and other informational handouts could be provided to landlords regarding available public services, programs, and maintenance standards. Market the neighborhoods: Develop materials and create liaisons with the appropriate groups-i.e, realtors associations, chamber of commerce, etc.-to market the neighborhoods' strengths, especially the abundance of larger, afford- able homes, convenient locations, and a pedestrian-oriented neighborhood design. 30 Eco mm:ic Development Policies Environmental compliance: Ensure compliance with pollution and other envh'onmental regulations for industrial uses in the area. Residential and indus- trial uses have coexisted in this area since its settlement. Clean water and clean air are critical components to maintain a high degree of quality of life. Economic incentives: Encourage businesses in the Roanoke Industrial Center to use the Enterprise Zone incentives and other economic incentives available through public sources. Economic Development Actions Apply for Enterprise Zone reinstatement: Apply for the reinstatement of the Enterprise Zone One area in 2004. Commercial development: Encourage development of commercial services-i.e., restaurants, drug stores, etc.-in designated village centers. Two large village centers, Parkside Plaza on Dale Avenue and the Bennington Street and Riverland Road village center, have retail space and vacant land available. Several out-parcels are prime for development in the Bennington Street/ Route 116/Riverland Road village center 31 Infrastructure Policies Village center streets: Special attention will be given to the quality of public street spaces in village centers. Decorative sidewalks, lamp posts, street furniture, trees, and other public improvements will distinguish village centers. Streetscapes: Streetscapes should be well-maintained, attractive and functional for pedestrian, bicycle, and motor vehicle traffic. Traditional neighborhood streets should have urban amenities such as sidewalks and curb and gutter. Street width: Streets should be kept at minimum necessary to accommodate vehicular traffic and on-street parking. Infrastructure Actions 9th StreetCorridor: Offers great potential for streetscape improvements. In picture, the nothern view leads from the Morningside neighbohood into the Belmont neighborhood Develop site-specific plans: Develop plans for streets at gateways and village centers. Improve strectscapes: Implement and conduct streetscape improvements on the following priority streets: · Dale Avenue · Riverland Road/Bennington Streeql3th Street · 9th Street 32 Public Service Policies Public Service Actions Appearance and security: Roanoke will use multi-depart:mental approaches to make each neighborhood clean and safe. Homing maintenance and nuisance abatement: Roanoke will aggressively enforce housing maintenance codes and use public nuisance abatement ordi- nances to compel compliance. Encourage citizen participation in the identifica- tion of code violations. Open and functional alleys: Zoning regulations will encourage the use of alleys for access to parking in rear. Unused/undeveloped alleys should be vacated, with the land being sold to adjoining property owners. Crime prevention and community involvement: Build on and continue current activities aimed at educating residents on crime prevention methods and involving more residents to interact and work with the police to reduce crime. Distribute code enforcement information: Distribute code enforcement information, such as flyers and brochures, to citizens to encourage the reporting of violations. Inspections and clean-up: Regularly inspect alleys, streets, and properties and coordinate quick clean-up of problem areas. A cobblestone alley between 7th and 8th Streets. Clean alleys make it easier for residents to access their properties and the City to provide public · .~'" services, such as garbage pickup. 33 Quality of Life Policies Curfew enforcement: Police will enforce curfew ordinances as a strategy for reducing vandalism and disorder violations. Residents enjoying their front porches also act as an effective deterrent against petty crime. Elinfinate excessive dog barking: The Police Department's Animal Control Unit will help educate dog owners of noise ordinances and follow up with enforcement if necessary. Litter and weeds: Ensure that city and state properties are well-maintained and flee of weeds and trash. Neighborhood watch groups: Continue to use existing neighborhood watch groups and other community groups to communicate "quality of life" concerns to police officers. Police interact regularly with neighborhood groups at meetings and on a day-to-day basis. Quality of Life Actions Crime prevention education: Continue efforts to educate residents and stake- holders on better ways to secure their personal property and welfare. Establish a neighborhood organization in the Riverdale neighborhood: Currently the Riverdale neighborhood has an established watch group which addresses quality of life issues as it pertains to criminal and nuisance activities. The area may benefit from establishing a neighborhood organization with a broader mission to address a wider array of issues and work more effectively with other neighborhood groups and City agencies. Reduce speeding: Reduce speeding by implementing traffic-calming street designs and regular enforcement efforts. Develop master plan for Morningside Park: Develop plan for potential improvements to the park with special consideration to enhancing the park's visibility and accessibility from 9th Street. 34 Implementation F~.inding Funding for major infrastructure projects is generally provided flxrough the City's Capital Improvement Program. Funding can come from a variety of sources, including CDBG, transportation funding, state and federal funds, and general revenue. The Capital Improvement Program is developed by identifying needed projects and matching them with potential funding sources. Each project is reviewed and ranked in terms of priority. The chart on the following page identifies major projects, their time flame, the lead agency or department, and potential sources of fuming. The cost of most projects such as streetscape improvements cannot be determined until more detailed planning is completed. How large projec, ts are funded:The Capital Improvement Program Funding Sources Bonds General revenues State and Federal CDBG Project grants Others Needed Projects Parks Buildings Economic Development Streets, sidewalks and bridges Storm drains Schools Priority projects & their funding sources identified 5-year Capital Improvement Program 35 Actions, time frames, participants, and potential funding PBD Distribute code enforcement information I-INS PBD operatiug budget HNS operating budget Provide informational packets to landlords I-INS HNS operating budget Develop site-specific plans for streets at gateways and village centers PBD PW PBD and PW operating budget Improve strcetscapes Regularly inspect alleys, streets, and properties PW PW TEA-21, Bond, PW operating budget PW operating budget Replace unhealthy or dead trees with large species trees PW P&R PW operating budget Morningside Park master plan Establish a neighborhood organization in the Riverdale neighborhood Crime Prevention Education Reduce speeding through enforce- ment and traffic-calming Apply for the reinstatement of the Enterprise Zone One area P&R HNS PD PD PW PBD P&R operating budget HNS operating budget PD operating budget TEA-21, PD,PW, &PBD operating budgets ED operating budget Encourage development of needed commercial services ED operating budget Market the neighborhoods Abbre~dations: ED -- Rn~mokc Economic Dcx elopment Departme~t H>:S = Roanoke Housing and Neighborh~d Se~fces PB D = Roaa~oke Plamfi 2g Bm [dm~ ~<d De~ebpment PD - Roanoke Police D<z~a~mem P&R - R3anoke Parks and Recreation PW= ~anoke Publ~c 1,~ ofks ] E A-2 i = Trnnspormrimt Enhaaczmen~ Act ~eral lm~natiou amding) HNS fiNS and ED operating budgets 36 Downtown i Iiii I 37 Acknowledgments City Council Mayor Ralph K. Smith Vice Mayor C. Nelson Harris Beverly T. Fitzpatrick, Jr. William D. Bestpitch M. Rupert Cutler Alfi'ed T. Dowe, Jr. Linda F. Wyatt PLanning Commission Chairman Robert B. Manetta Vice Chairman Richard A.Rffe Gilbert E. Butler, Jr. D. Kent Chrisman Paula Prince Henry Scholz Freddck M. Williams Plnnnimz Building, & Development Brian Townsend, Director Proieet Manager Andrew Warren, City Planner Thanks to all the residents and property owners who participated in the community workshops. Special thanks to members of tl~ Southeast Action Forum and the Riverdale Neighborhood Watch for their active development of the plan. 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 02202500 Vision 2001-2020 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 Vlr~ia. Sworn and subscribed before me this __~__day of September 2003. Witness my hand and PUBLISHED ON: 08/29 09/05 TOTAL COST: FILED ON: 271.40 09/05/03 Authorized Si g n a t u r e: _/~(.,_/~__ _~/~,~-- _~__~?_ _ _ ~ , Billing Services Representative NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given pursuant to §15.2-2204, of the Code of Virginia (1950), as amended, that Vision 2001 - 2020, the City's Comprehensive Plan, is proposed to be amended to include the Norwich, Wasena, Morningside/Kenwood/Riverdale Neighborhood Plans as elements of such Comprehensive Plan. A copy of the proposed Norwich, Wasena, Morningside/Kenwood/Riverdale Neighborhood Plans to be considered by City Council is on file in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building. A public hearing will be held before the Council of the City of Roanoke on Monday, September 15, 2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chambers, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, at which time citizens of the City shall be given an opportunity to appear and be heard by Council on the subject of this proposed amendment. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office (853-2541), before 12:00 noon on Thursday, September 11, 2003. GIVEN under my hand this 27th day of .~u~ust ,2003. Mary F. Parker, City Clerk. H/NOTICES~N AMEND COMPREHENSIVE PLAN (NWMIC3R)091503 DOC Notice to Publisher: Publish in the Roanoke Times once on Friday, August 29, 2003, and once on Friday, September 5, 2003. Send bill and affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 Publish once in The Roanoke Tribune on Thursday, September 4, 2003. Send bill and affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk September 19, 2003 File #266 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. 36494-091503 authorizing the City Manager to apply to the Virginia Department of Housing and Community Development to have a certain area of the City designated as an Enterprise Zone that will replace the City's Enterprise Zone, which expires on December 31,2003. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 15, 2003, and is in full force and effect upon its passage. Sincerely, City Clerk MFP:ew Enclosure pc: Jesse A. Hall, Director of Finance Elizabeth A. Neu, Director, Economic Development IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 2003. Iqo. 36496-091503. A RESOLUTION authorizing the City Manager to apply to the Virginia Department of Housing and Community Development to have a certain area of the City designated as an Enterprise Zone that will replace the City's Enterprise Zone One, which expires on December 31,, 2003. WHEREAS, the Virginia Enterprise Zone Act of 1982, as amended, authorizes the Governor to designate up to 5 additional areas within the Commonwealth as Enterprise Zones as of January 1, 2004, thus making qualified business firms which loc. ate or expand within such a Zone eligible for significant benefits, including credits on state taxes and local incentives; WHEREAS, the City of Roanoke has an area within the City as shown on the Enterprise Zone One A map and described in attachments to the letter of the City Manager to Council dated September 15, 2003, that is eligible for designation as an Enterprise Zone; WHEREAS, the City of Roanoke Enterprise Zone One designation expires on December 31, 2003, and it is important to the City of Roanoke to continue to have an Enterprise Zone in the same general area as Enterprise Zone One; WHEREAS, a public hearing was held on this matter on September 15, 2003, at which public hearing citizens and parties in interest were afforded an opportunity to be heard on such matter; and WHEREAS, the designation of an area of the City as an Enterprise Zone has the potential to continue to stimulate significant private sector investment within the City in an area where such business and industrial growth would result in much needed revitalization. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke is hereby applying for Enterprise Zone designation for that area H:\M~asures\ent~rpris~ sone on~ 1.doc ~ shown on the Enterprise Zone One A map and described in attachments to the letter of the City Manager to Counc'd dated September 15, 2003. 2. The City Manager is hereby authorized to apply, on behalf of the City, to the Virginia Department of Housing and Community Development to have that area of the City shown on the Enterprise One A map and described in the aforementioned attachments and letter of the City Manager to Council designated as an Enterprise Zone pursuant to the provisions of the Virginia Enterprise Zone Act, as amended. 3. The City Manager is authorized to submit to the Virginia Department of Housing and Community Development all information necessary to make application for Enterprise Zone designation for the above mentioned area and to meet other program administrative and reporting requirements and to take such further actions and execute such additional documents as may be necessary to obtain such Enterprise Zone designation. 4. The City Manager is further authorized to meet and comply with Enterprise Zone requirements about identi~ing and selling all surplus public land, as defined in the Enterprise Zone regulations, throughout the life of the Enterprise Zone. 5. City Council endorses and hereby expresses its intent to adopt the local incentives set forth in the application if such above mentioned area is designated as an Enterprise Zone. 6. Council hereby certifies that it held a public hearing as required by the Enterlxise Zone Program Regulations. 7. This resolution shall be effective on and after the date of its adoption. ATTEST: City Clerk. H:\Measures\enterprise sone one 1.doc 2 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 September 15, 2003 The Honorable Ralph K. Smith, Mayor The Honorable C. Nelson Harris, Vice-Mayor The Honorable William D. Bestpitch The Honorable M. Rupert Cutler The Honorable Alfred T. Dowe, Jr. The Honorable Beverly T. Fitzpatrick, Jr. The Honorable Linda F. Wyatt Dear Mayor Smith and Members of City Council: Subject: Approval of Enterprise Zone Designation Application Background: On January 1, 1984, the Commonwealth of Virginia designated Enterprise Zone One, then known as the City of Roanoke's Urban Enterprise Zone. The designation for Enterprise Zone One is scheduled to expire on December 31, 2003, precipitating the submission of a new application requesting a new designation. The Virginia Enterprise Zone Act of 1982, as amended, authorizes the Governor to designate up to 5 additional areas within the Commonwealth as Enterprise Zones as of January 1,2004. Such designation would make qualified business firms which locate or expand within such a Zone eligible for significant benefits, including credits on state taxes and local incentives. Considerations: In accordance with the Department of Housing and Community Development's Virginia Enterprise Zone Program regulations, the local governing body must hold at least one public hearing affording citizens or interested parties an opportunity to be heard on such matters before submitting an application to the Department of Housing and Community Development for consideration. Such public hearing will be held at Council's meeting tonight, September 15, 2003. The application will seek designation as an Enterprise Zone of the property located within the City of Roanoke as described in Attachment 3 together with a map of Enterprise Zone One A - Attachment 2. The Honorable Mayor and Members of Council Page 2 September 15, 2003 A copy of the draft application is attached as Attachment 1, which lists the local incentives on pages 38 through 45. Council will need to endorse such local incentives and indicate Council's intent to adopt them if the Enterprise Zone designation is granted to the City. Recommended Action: Authorize the City Manager to apply on behalf of the City to the Virginia Department of Housing and Community Development to have that area of the City shown on the Enterprise Zone One A Map and as described on Attachment 3 as an Enterprise Zone pursuant to the provisions of the Virginia Enterprise Zone Act, as amended; to submit all information necessary to make application for such Enterprise Zone designation; to meet other program administrative and reporting requirements; and to take such actions and execute such additional documents as may be necessary to obtain such Enterprise Zone designation. The City Manager is further authorized to meet and comply with Enterprise Zone requirements about identifying and selling all surplus public land, as defined in the Enterprise Zone regulations, throughout the life of the Enterprise Zone. Endorse by resolution, the application, and express the City's intent to adopt the local incentives set forth in the application and certify that a public hearing was held as required by the Enterprise Zone Program Regulations. Respectfully submitted, City Manager DLB:gr Attachments c: Jesse A. Hall, Director of Finance William M. Hackworth, City Attorney Mary F. Parker, City Clerk Beth Neu, Director of Economic Development CM03-0179 · rise DRAFT Enterprise Zone Designation Application Application Deadline: October 1, 2003 Department of Housing and Community Development Office of Community Revitalization and Development 501 North Second Street Richmond, Virginia 23219 (804) 371-7030 ezone~d hed.state.va.us www.dhed.state.va.us VIRGINIA ENTERPRISE ZONE APPLICATION Virginia Enterprise Zone Application Checklist DHCD Use Only Applicant initial if Complete Incomplete complete, write in N/A were not applicable 2 VIRGINIA ENTERPRISE ZONE APPLICATION Co versheet General Information Lead Applicant (Name of locality): City of Roanoke Government Address: 1 I I Franklin Road, Suite 200 Roanoke, VA 24011 Chief Elected Official (Name and Title): Ralph K. Smith, Mayor Contact Person: Name: Susan Mew Title: Economic Development Specialist Phone: 540/853-2717 E-mail: susan_mew ~ci.roanoke.va.us If Joint application, name of locality completing this cover sheet: EZ Participants (list all localities): Certification of Chief Administrative Officer: To the best qf my knowledge and beliqf, data is this proposal is true and correct and the governing bodies of the participants have duly authorized the proposal through resolutions. The resolutions are attached. Signature: Date: Name: Darlene L. Burcham Title: City Manager VIRGINIA ENTERPRISE ZONE APPLICATION Blank page inserted itself and could not be removed. VIRGINIA ENTERPRISE ZONE APPLICATION A. Executive Summary Use the space provided below for the executive summary. One additional single-sided page may be attached if needed. The following need to be addressed in the summary: Outline what you hope to accomplish with the Enterprise Zone designation. Briefly discuss the methodology and rationale behind zone selection. [] List the distress criteria that have been met. [] Explain how the proposed zone relates to current and future economic development efforts. n Discuss past performance and how you will improve the management, implementation, and administration of the zone. The City of Roanoke hopes to accomplish the following with a new Enterprise Zone designation: decrease the number of City residents living below 80% of the median income of the area, particularly those in the Census Tracts comprising the zone; promote revitalization and investment in the zone, resulting in a higher assessed value of the property in the zone; encourage downtown living revitalization in downtown, including the area to the west of the Market area; increase the safety and decrease the crime rate of the zone; leverage of Enterprise Zone benefits in areas that have need, yet potential for growth and encourage revitalization of key older industrial areas that play a role in the surrounding neighborhoods. The areas selected for the zone have been looked at in relation with the surrounding neighborhoods. Even while residents are not eligible for incentives, the City of Roanoke realizes the Enterprise Zone can positively impact the residents and neighborhoods and believes it is crucial that the zone boundaries reflect this understanding. These are areas already governed by neighborhood plans and other project areas, areas with strong business and neighborhood associations where residents and businesses will take an active interest in promoting the zone to the benefit of the area, and areas that serve as gateways into the City and downtown. While most of the Census Tracts in the proposed zone meet the unemployment criteria, the City of Roanoke is using the criteria of low income, since this is a better indicator of the real issues City residents face, that is, most are able to find work, but finding work that pays a living wage is much more difficult. The proposed zone relates to current neighborhood plans and efforts to be undertaken as a result of the plans' needs assessments of the neighborhoods. The zone represents areas that the City has invested in and plans on investing in, and at times, where private investment has been present. The zone is a layer of assistance, in the form economic development tools, and is rarely the only layer or tool in a given area. The City of Roanoke and the Department of Economic Development (DED) will remain mindful of the zone as it plans future economic and community development initiatives. The City realizes that tbr the zone to succeed, it cannot be the only layer of assistance available, and remains committed to further developing programs to assist these areas. The past performance of Enterprise Zone One has always been strong, but there is always room for improvement. A well-staff'ed Department of Economic Development looks forward to settiog the plans in this application in motion and promoting the zone. Stronger record-keeping will mark the new zone's administration, as well as clearly articulated and recorded goals and strategies. The DED is 5 VIRGINIA ENTERPRISE ZONE APPLICATION Section 1, Proposal Summary, Question A acutely aware of the need to document all aspects of the zone as it exists today in order that future staff can better understand the rationale behind boundary and incentive selections, as well as better identify success and failure in relation to the goals. The goals outlined in this zone are much clearer and more defined than the goals of the previous zone. This will make implementation much easier, and will make determining success of the zone simpler in the years to come. 6 VIRGINIA ENTERPRISE ZONE APPLICATION B. Demographics and Distress ('r#eria of Proposed Zone (If this is a joint application, complete this section (#1) for each participating county and/or city. Use 2000 Census data. Use summary file 3 Census data for questions 2 through 10 with the exception of question 3, where summary file I Census data can be used.) 1. Name of locality City of Roanoke 2. Total zone population 3. Total zone households 4. Total zone civilian labor force 5. Total zone civilian labor force unemployed 6. Percent zone civilian labor force unemployed % 7. Jurisdiction's median household income $30,719.00 8. 80 percent of.jurisdiction's median income $24,575.20 9. Number of zone residents with incomes below 80 percent 10. Percentage of zone households with incomes % below 80 percent of the j urisdiction's median i 1. Commercial vacancy rate: % 12. Zone size (See page 10 of the application manual. If this is a joint application, complete this section for each locality) Type of locality: [] County I~Town Metro City [] Consolidated City Size guideline option used: [] Basic land size minimum and maximum 7 percent of land area []7 percent of population 13. Jurisdiction land area (in acres) 27,520 14. Zone size (in acres) 1,702 15. Percentage of zone land size to jurisdiction land area 6.2% 16. Jurisdiction population 94,911 17. Zone population 18. Percentage of zone population to jurisdiction population % VIRGINIA ENTERPRISE ZONE APPLICATION 19. Other circumstances documenting need (WAITING FOR STATISTICAL REVIEW Use the space provided below to identify and explain additional circumstances of need and distress. Also discuss other demographic trends and data that DHCD should be aware of and cite the sources of the data. If relevant, discuss how these may have changed over the past 20 years. One additional page may be attached. VIRGINIA ENTERPRISE ZONE APPLICATION A. 2000 ~ S. Census Tracts and Re,s7~ective Block Groups List all US Census tracts and block groups located in the proposed enterprise zone. Use 2000 Census data. Place an asterisk (*) next to any block group or tract of which only a portion of block group or tract is included in the proposed zone. 2* 3* 4* 5* 6* 7* 8* 9* 10' ll* 12' 13' 14' 18' 19' 21' 22* VIRGINIA ENTERPRISE ZONE APPLICATION B. Zone Boundaries List and describe proposed zone boundary characteristics and land uses and proposed subzone characteristics if applicable. List any significant businesses in terms of size or strategic importance. Also list any major features such as business clusters, major railways, etc. Historically, the most active part of the current zone has been the downtown area. This area remains important part of the proposed zone, and is home to many offices, restaurants and retail establishmentsl Large employers include Anthem, Wachovia and Carillon Health System. Retail continues to be an important segment of the downtown economy, populated mostly with smaller retail operations. Two exceptions are the showroom of Twists and Turns that occupies 10,000 square feet and La De Da, that started as a women's clothing store in one storefront, in the past two years has tripled in size and now sells furniture. In addition to its showroom downtown, Twists and Turns maufacturing facility is also in the western portion of downtown. Major attractions downtown include Center in the Square, home to the Art, Science and History Museums of Western Virginia and the Mill Mountain Theater; the Transportation Museum of Virginia; and future home of the Harrison Museum of African American Culture. Another retail component of the proposed zone is the Williamson Road Commercial Corridor, which populated with small to mid-size retail establishments situated in strip malls and as free standing, but small, buildings. One exception is a large auto dealer that occupies almost ten acres along Williamson Road. The Corridor is situated along a major transporation artery of the area, one that comes directly into downtown Roanoke, and the area is vehicular and not pedestrian in nature. The area has suffered disinvestment in the past, but a proactive business association has been successful in bringing the area back into the locus of current discussion. The area will be impacted by the increased traffic from stadium to be built off of Williamson Road across from the Civic Center. Other commercial components in the proposed zone are the various "village centers," so named by the neighborhood plans, and the Southeast By Design area. The village centers are along Orange Avenue between 14th and 24th Streets, the Mare Street area of the Wasena neighborhood, and the 1 l th Street commercial node. The Southeast By Design area runs along Bullit and Jamison Avenues. The businesses in all these areas are small retail, servicing the neighborhoods in which they are situated. The rest of the zone consists of industrial areas, running north and south of the Norfolk Southern Railway, and is home to businesses that range from very small (one employee) to large (several hundred employees.) Most of the industrial areas tend to be small and are not official industrial parks, with the exception of the Roanoke Industrial Center. They are often located within or near residential areas, and their dilapidated state often negatively effect the neighborhoods in which they are located. Major businesses include Roanoke Electric Steel, with 450 employees and Coca Cola, with 350 employees. The area along Shenandoah Avenue is populated with electricians, custom trim shops and general contractors. The Roanoke Industrial Center, a former textile mill from the mid 20th century, is home to several small industrial users, and the Fred Whitaker Co., a manufacturer of yarns and other fibers from recycled materials for use in carpeting, has 210 full time employees. VIRGINIA ENTERPRISE ZONE APPLICATION Blank page inserted itself and could not be removed. 11 VIRGINIA ENTERPRISE ZONE APPLICATION C. Map Requirements Attach the following required maps (Maps need to be readable and no larger than 11' x 17") I. Map of entire locality and proposed enterprise zone 2. Map of existing land use within proposed enterprise zone 3. Map of zoning districts within proposed enterprise zone 4. Official U.S. Census map(s) showing census tract(s) and block group(s) within proposed enterprise zone Localities with expiring zones need to indicate current zone boundaries on each map. VIRGINIA ENTERPRISE ZONE APPLICATION D. Economic ('onditions (WAITING FOR STATISTICAL REVIEW TO COMPLETE) Briefly discuss key economic conditions within the community at large. Discuss in detail, economic conditions within the proposed zone. Assess the current business climate and any public and private activities within the proposed zone. Discuss how these conditions have changed over the past twenty years. VIRGINIA ENTERPRISE ZONE APPLICATION E. Barriers' to Economic Development and Revitalization Provide a brief assessment of major barriers to economic development in the locality as a whole. In addition, assess the barriers to economic development at the proposed zone level compared to the rest of the locality. The discussion should address physical barriers (e.g., infrastructure, obsolescence of facilities, land availability, topographic); non-physical barriers (e.g. image perception, crime rates, job skill levels, access to capital, market access); and organizational barriers (e.g. economic development and marketing structures, financing institutions). Indicate how these barriers have changed over the last twenty years. Indicate if the current barriers can be addressed by enterprise zone designation. If the barriers cannot be addressed by designation, explain how the locality will address them. One additional page may be attached. (WAITING FOR STATISTICAL REVIEW TO ( VIRGINIA ENTERPRISE ZONE APPLICATION F. Economic Development and Revitalization Briefly discuss major opportunities that exist in the locality. In more detail, assess the opportunities that exist within the proposed enterprise zone compared to the rest of the locality. Opportunities can be physical, nonphysical, or organizational. Describe how opportunities may have changed over the past twenty years. Major opportunities in the City of Roanoke: Physical: The Civic Center has recently undergone a $15 million upgrade that will enhance the ability of the City to bring in more entertainment to the City and increase tax revenue via restaurants and hotels. In the same way, plans to build a new stadium and amphitheater across U.S. Route 460 from th~ Civic Center will also bring in new entertainment opportunities, and will better serve the community than does the current stadium, which is almost 60 years old. The Roanoke Regional Airport is also undergoing a $128.5 million upgrade to the runways and will build a new control tower. These improvements will benefit the entire region, and represent an opportunity to attract more flights in and out of the region. The growth around the airport has also been substantial in recent years. The new interchange from 1-581 South to the Valley View Mall area has allowed for huge retail growth, with more coming. Not only have new buildings been built for hotels, restaurants and big box retail development, the mall itself has attracted some new stores such as Old Navy, Ann Taylor Loft and others. Currently, Bed Bath and Beyond, Marshalls and Linens N' Things are planned to go into retail space near the mall and along nearby Hershberger Road. Twenty years ago Valley View Mall was just being built, and was not easily asssessible. The retail opportunities did not exist as they do today. Although Roanoke has always drawn shoppers from surrounding area, the pull is stronger now with such a variety of options. Strip malls that were at their height in 1984 subsequently experienced some hard times with lots of vacancies. But in the last two years, there have been some encouraging trends, and large retail spaces that were vacant are no~v beint occupied by both retail and office users. Nonphysical: For two years in a row, the City of Roanoke has been recognized as the top e- government city in the nation. The City received high marks for its website, online job search and application process, and its "robust" public-safety program. Citizens can do many things online, such as pay taxes and parking tickets, check the status of buildings permits, etc. The city continues to improve its Geographic Information System (GIS) and it has been an invaluable tool for identifying trends in land use, vacancy, crime rate, and other vital areas in order to improve the City's planning am can allow the city to better address problems. It has also been invaluable in preparing this Enterprise Zone Designation Application. The City's comprehensive plan VISION 2001 is also an opportunity fo~ the City. It will guide investment and decision making for the next decade or so. Another advantage to the region is its very Iow electric rates. This is a real opportunity for the City to attract large electric users to the area. In the past 20 years, the most significant change has been in the technlogy, for example the G1S on the City's website. Organizational: The City's Development Assistance Center has made developing in Roanoke easier and more streamline, especially in comparison to 20 years ago. The City is also blessed with proactive leadership on all levels, that understand the challenges of businesses and appreciates the contributions of businesses to the community. This leadership has pushed for new management of the VIRGINIA ENTERPRISE ZONE APPLICATION Section [1, Econ. & Community Development Needs, Part F City's parking garages, which has lead to a more effective management of the garages and will help ease the parking shortage in the downtown area. Opportunities within the proposed zone: Physical: A challenge in the area of the proposed zone and the City as a whole is the lack of green space to develop. Because of this, all the development opportunities that do exist are redevelopment opportunities, and therefore, for the most part, all of the infrastructure is in place. The increased number of downtown living opportunities will also effect positive changes in the downtown, helping to make downtown a 24-hour experience for many. The future addition of Artspace in the Old Cotton Mill building near the Jefferson Center is an opportunity to develop that area of downtown, and will be a catalyst lbr more investment, bringing artists to the area to live and work. The renovation of the Passenger Rail Station into the O. Winton Link Museum and a new space for the Visitors Center will increase tourist activity, especially train enthusiasts, and make the Visitors Center more assessible to tourists. Another opportunity is the renovation of two historic warehouses into a high tech cultivator space. The buildings are owned by the City and are being renovated by a private foundation. Nonphysical: Along with the positive impact the GIS and VISION 2001 have had in the City as a whole, the impact has also been felt in the administration of the zone and the application process for the new designation. Other opportunities that exist now that did not 20 years ago include the larger and more inclusive historic tax credit zone in downtown. There are more events in downtown Roanoke as well, that bring people into downtown to shop and dine, and to see what a vibrant place downtown is. The city also recently changed its outdoor dining ordinance to allow restaurants to use part of the City right-of-way for outdoor dining. This has brought more people downtown and promoted the idea that downtown is a sate place to live, work and play. Organizational: The area of the proposed zone benefits from the proactive leadership of the City. The DED's strong commitment to the program is also an opportunity. The DED is committed to making the program a success and has the staff to make this a reality. 16 VIRGINIA ENTERPRISE ZONE APPLICATION Blank page inserted itself'and could not be removed. 17 VIRGINIA ENTERPRISE ZONE APPLICATION G. Rationale./br Proposed Zone Boundaries Briefly summarize the locality's justification for selecting the zone boundaries. Discuss the Iocality's rationale for selecting the zone boundaries and how they were determined. In the case of joint zone applications, explain the rationale for applying jointly and why this particular set of localities was chosen. Discuss if this is a different configuration from the original zone and why. Your response should be based on information provided earlier in this section. One additional page may be attached. The City of Roanoke is proud of its accomplishments, its vibrant downtown, Iow unemployment and strong neighborhoods. It also realizes that there are areas in the City that have not had the same level investment, and subsequently have suffered, while other areas have flourished. In selecting the zone boundaries, the City tried to strike a balance between these two extremes. Because almost all the Census Tracts in the City qualified under the low-income requirement, the City could pick areas that were both in need of investment, in neighborhoods in need of better job opportunities and yet areas th: had potential to flourish and take full opportunity of the program. With the exception of the downtown, the zone consists of two types of properties: small industrial "pockets" or parks, and commercial corridors or nodes associated with a neighborhood. According to the VISION 2001 Comprehensive Plan,"as downtown continues to expand its traditional role as the region's business center, new or enhanced village centers can create attractive smaller, decentralized multi-use development sites for commercial activity and higher-density housing." The various "village centers" and other commercial corridors or nodes that are a part of the zone are all being redeveloped and created with the assistance of neighborhood plans or other programs developed by the City of Roanoke. Southeast By Design represents the first time the City has targeted federal funds, namely CDBG and HOME funds, to a specflc neighborhood, rather than throughout the City. The goal of the project "is to revitalize the target area into a socially and economically diverse community by providing a diversity of housing choices, raising the income of existing residents, raising the economic value of properties and attracting higher-income residents to the area." This area has been included in the zone to further leverage zone resources into making this project a success and improving the people's lives in an area of the City that has been long neglected. The Gainsboro commercial and industrial areas have long been an important part of the City of Roanoke, and are in the current zone. Gainsboro is next to be targeted with federal funds like the Southeast By Design proejct area is currently. Gainsboro's history and character make it one of the City's strongest and most distinctive neighborhoods. Most of the development in what is now the Gainsboro neighborhood occurred between 1890 and 1940. Beginning in the 1920s, the Gainsboro neighborhood transformed from a predominantly white residential neighborhood to a predominantly African American community with its own institutions, businesses and leaders. Gainsboro in the ~vas the center for Roanoke's minority businesses, public facilities, housing and services. Urban renewal programs in the 1960s and 1970s took their toll on the neighborhood. In recent years, Gainsboro has finally begun to recover and there are many plans for revitalizing the neighborhood. Many historic buildings are being renovated and it is believed that the Enteprise Zone program can further current revitalization eflbrts and help leverage the federal funds soon to be targeted in this area. VIRGINIA ENTERPRISE ZONE APPLICATION Section 11, Economic and Community Needs, Question G The village centers in the Wasena, Loudon-Melrose, Shenandoah West neighborhoods and the village center at 11th Street are all part of the current zone. Recent neighborhood plans have brought attention to these areas and increased interest in the Enterprise Zone. The Enterprise Zone program, with the support of the City through neighborhood plans, can improve the appearance of these areas, make them more attractive gateways into the neighborhoods and encourage revitalization, entrepreneurship and residential pride in the neighborhoods. The neighborhood plan for Loudon-Melrose helped clarify that the zone would be more effective if it ran along the village center on Orange Avenue west of where the current zone runs. An addition to the zone that is not a part of the current zone is the Williamson Road Commercial Corridor. Williamson Road is a major artery into and out of the city, populated with strip malls. The Williamson Road Area Business Association is proactive, and members are part ora special services district. The city collects additional taxes on real estate in order to improve the infrastructure of the area. This initiative has already been a success, but the corridor is large and there is much left to be done. Also, more attention is being focused on this area as the city prepares to build a new stadium off of Williamson Road. The City of Roanoke sees this area as being on the verge of some significant changes and wants to leverage the EZ program to further enhance these changes. Downtown continues to grow as revitalization extends out from the Market area. Downtown Roanoke is not recognizable from what it was 20 years ago, but there are still dilapidated buildings, vacant storefronts and vacant floors above retail spaces. There are still challenges to marketing downtown and allowing the downtown to continue to be in an enterprise zone can help offset those challenges. Downtown has also historically been the most active area of the City in the program. The area near the Jefferson Center in the western part of downtown holds great potential as various private entities such as the YMCA and Artspace plan significant investments. Artspace is slated to go into a building behind the Jefferson Center and the City has added properties around this area to the proposed zone because it is expected that this area will flourish, and the EZ program can help make that a reality. With the exception of removing the Blue Ridge Industrial Park (BRIP) from the zone, the industrial areas have remained the same. Some areas were removed because it was the perception that there were too many challenges to ever effectively redevelop them, such as environmental and floodplain issues. The BRIP was removed for the opposite reason. While the area still qualified, the park is doing phenomenally well, there is very little left to develop, and the perception was that it did not need any additional aid such as the EZ program in attracting businesses. The other industrial areas in the Norwich neighborhood, along Shenandoah Avenue and the Hollins Road/Plantation Road corridor will remain in the zone. They have made some progress in recent years, and will continue to grow and thrive with the assistance of the Enterprise Zone. 19 VIRGINIA ENTERPRISE ZONE APPLICATION A. Goals q['Designation List the primary goals that the locality hopes to reach over the course of the zone designation. Discuss the significance of zone designation on the community's overall economic development and revitalization efforts. Explain what other local or regional resources will be brought to bear on reaching these goals. List key goals that the locality has reached over the last twenty years based on previous GOSAs, local development objectives from the original designation application, or other documents to show the progress that has been made. The goals for the proposed zone are as follows: I. To lower the percent of zone households living below 80% of the median income of the area. 2. Promote revitalization by increasing investment that results in an increase in assessed value. 3. Encourage downtown living through various community efforts and local incentives that allow a residential component. Currently there are 160 apartments in downtown Roanoke. 4. Increase safety and decrease the crime rate in the zone and the Census Tracts that make up the zone. 5. Successfully market the zone advantages to businesses in the zone in order that the activity rate in the City of Roanoke's zone remains one of the highest in the state. The objectives of the City of Roanoke's 1983 Designation Application are as follows: A. To promote investment in the zone resulting in an increase in assessed value of 40% in five years. Due to state-enforced records management policies, and previous City of Roanoke Enterprise Zone Administrators' failure to request to keep vital Enterprise Zone documents past the alloted five years, the value of the property of the zone in 1984 or 1989 are not available. According to the Annual Reports of the City of Roanoke's Department of Finance, however, the assessed value of property in the entire city was $1,599,177,720 in 1984 and rose by 42% to $2,273,157,582 in 1989. By 2002 the assessed value of the real property in all of the City was $4,093,537,567, an increase of 156% in almost 20 years. Investment in downtown has been particularly significant. In the 20 years of the life of the zone, the Market area of downtown has gone from a place where drug dealers and prostitutes were plentiful and most citizens would not venture, even in daylight to a place with renovated buildings that are filled with restaurants, boutiques and offices, and citizens enjoy going to at night. B. To increase employment opportunities within the zone by 25% in five years. Due to state-enforced records management policies, and previous City of Roanoke Enterprise Zone Administrators' failure to request to keep vital Enterprise Zone doccuments past the alloted five years, the employment levels for the zone are not known from t984 or five years later in 1989. But according to the Virginia Employment Commission, the average employment of the City of Roanoke in the Fourth Quarter of 1983 was 58,582, and it rose by 16% by Fourth Quarter 1988 to 69,926. By the Fourth Quarter 2002 it had risen 25% to 73,361. While the City may have not met this goal, progress has been made, and the City enjoys one of the lower unemployment rates in the state. VIRGINIA ENTERPRISE ZONE APPLICATION Section 111, Impact of Designation, Question A C. To provide the means, expertise and incentives to better utilize the zone resources. The City of Roanoke has invested many resources in land assemblage for larger projects such as the Coca Cola plant and the new facility for the Roanoke Times, issued a bond to improve sidewalks downtown, improved the Farmer's Market area with canopies and water lines for the farmers and was instrumental in getting Center in the Square off the ground, which created a destination in downtown and made it a safe and vibrant place to live, work and play. D. To improve the transportation of persons and goods within and outside of the zone. During the life of the zone, public transit has become available throughout the zone. The Peters Creek extension opened up the Blue Ridge Industrial Park and allowed for better transporation to and from the park, which is a part of the current zone. In 1989 the Roanoke Regional Airport completed construction ora new terminal, and in the five years after the completion of this new terminal and other improvements to the airport, air freight activity increased by 120%. In 1998 another $8.5 million expansion for cargo also contributed to an increased rate of fYeight activity. Commercial jet service has improved in the past 20 years as well, benefitting businesses and citizens throughout the Roanoke Valley. With fewer and fewer industries relying on rail to move their products in the past couple of decades, the Hollins Road/Plantation Road corridor of the current zone has become an important lYeight/shipping center ~vith many shipping companies expanding in the area in recent years. E. To address the disinvestment psychology and replace it with one of confidence in the future of the zone. While some areas of the current zone continue to be perceived as blighted, often there are still viable businesses in these areas, such as the Roanoke Industrial Center, the Norwich industrial area and other "dirtier" industrial pockets. Other previously overlooked areas have developed into attractive, clean, dynamic areas, such as the Blue Ridge Industrial Park, the Deanwood Industrial Park and the industrial pocket in the Gainsboro neighborhood. The improvements in downtown are also proof of the success the City has had in reaching this goal. F. To actively market the advantages of the zone location to the private sector and to provide development assistance. As evidenced by the tact that the City of Roanoke Enterprise Zone One, the expiring zone, is the most active zone in the state, and has been for most of the 20 years the City has had the designation, the City has very successfully marketed the program. Currently, we have several brochures we have designed and created in-house that detail the benefits of the zone, have complete inlbrmation including state and local forms and maps on the Economic Development website, and have the Enterprise Zone as a layer on the GIS program online. A new brochure is being printed that addresses downtown redevelopment and is on the Enterprise Zone, Historic Tax Credits and other City incentives to renovate downtown space. The Department of Economic Development fields several inquiries a week about the program, and Enterprise Zone locations are highly sought after by companies looking to move into the City or expand. 21 VIRGINIA ENTERPRISE ZONE APPLICATION Blank page inserted itself and could not be removed. 22 VIRGINIA ENTERPRISE ZONE APPLICATION B. Proposed Local zone Incentive Package Required chart (on page 18 of the application) is completed and attached VIRGINIA ENTERPRISE ZONE APPLICATION (,~ Financial Impact of Incentives Discuss and quantify the financial impact of the proposed local incentive package. Provide examples of the potential financial impact of any new incentives for targeted businesses and industries. You may also use examples of actual financial impact to businesses under the current designation. Refer to the instruction manual for examples of what needs to be included. One additional page may be attached. Facade Grant: the fiscal limit of this incentive is $100,000 but the DED is committed to obtaining more funds if this program grows in popularity. The average grant amount for the first year of the program was over $16,000; maximum grant amount is $25,000 (there is no minimum). Grants are used to leverage private investment toward the total cost of the renovation and cover 33% of the total costs. Real Estate Tax Exemption: this incentive can save owners thousands of dollars depending on the investment made. It allows owners a seven-year period to help recoup the cost of renovation belbre having to pay taxes on the improvements. Building Permit Fee and Utility Connection Fee Rebates: depending on the amount of investment, this incentive can either get a few hundred dollars back to the owner or several thousand. FOR EXAMPLE, ifa company paid $6,000 in water, fire and sewer connection fees, and invested $700,000 in a building, they would receive a rebate of 70%, or $4,200. Fire Suppression Retro-Fit Grant: The cost of installing a fire suppression system can be astronomical, and the connection fee and monthly charges can add insult to injury. This incentive strives to offset costs, and actual financial impact for a owner can be anywhere from $7,620 to $26,370. FOR EXAMPLE, ifa building owner retrofitted a 40,000 square foot building with a six inch line, the connection fee of $8,000 would be rebated, and over a five-year period, grants would be $3,600 to help cover monthly fire service charges. Business Security Grant: this incentive, while modest in financial scope, provides a greater good for businesses by requiring the businesses to go through the Star City Business Watch program, allowing them to develop a relationship with the police department and learn valuable ways to increase the security of their business environments. FOR EXAMPLE, ifa company goes through the Star City Business Watch program and the following recommendations are made, totaling $375, the business would receive a grant for $187.50: Install deadbolt: $75 Improved outdoor lighting: $300 If the following recommendations are made, totaling $1,250, the business would receive a grant for $500: Install new deadbolts: $150 Improved outdoor lighting: $650 Install new vegetation under windows: $450 Job Training Grants: these can allow the City to assist new and expanding industries with training needs. Coupled with the Department of Business Assistance's workforce assistance, qualified business will pay be reimbursed for training their newly-hired employees. VIRGINIA ENTERPRISE ZONE APPLICATION Section 111, Impact of Designation, Question C FOR EXAMPLE, if Company A hires 50 new positions, training costs are S1,000 per person, and the DBA assistance totaled $20,000, the city would match the $20,000. If Company B has training costs of $40,000, DBA assists with $30,000, the City would contribute $10,000. Neighborhood/Parks and Recreation Grant: modest $500 grants to neighborhood organizations can effect significant changes through signage and other beautification methods. More substantial parks grants can help offset budget constraints of the parks department in improving neighborhood parks and community spaces. Following are examples of how these incentives work together for owners investing in the City of Roanoke: FOR EXAMPLE, a building owner renovates his downtown building. The cost of the renovation is $1,000,000. The building, which was vacant for 20 years, had to be hooked up to the water and sewer lines, which cost him $5,500. Building permits cost $4,700. He also decided to retro-fit the building with a fire suppression system, and paid $6,000 for the fire line connection fee and would have to start paying monthly charges of $200. The amount he spent in the fa{/ade was $75,000. The building was assessed for $72,000 before renovations, and $860,000 after the renovations were completed, which means his tax bill would have gone from $871.20 to $10,406. The abovementioned incentives would mean rebates of $16,200 for the water, sewer and fire connection fees and building permit fees; $25,000 in a faq:ade grant; $3,120 in fire retro-fit grants; and real estate tax savings of $66,744. TOTAL financial impact for this building owner would be $111,064, over 11% of his expenses, not including the $125,000 in Real Property Improvements tax credit from the state, which combined with local incentives would mean almost 25% back from his investment. FOR EXAMPLE, a manufacturer undergoes a significant expansion and plans on hiring 75 new employees. She also makes the decision to go through the Star City Watch program because of some internal theft problems. She upgrades her facility, investing $600,000 in improvements. Building permits cost her $3,000; security improvement recommendations from the police department will run $1,000; job training costs for 75 new employees run $1,000 per employee, or $75,000. The DBA has contributed $30,000 in training assistance. She would receive building permit rebates of $1,800, a security grant of $500 (50% of cost, capped at $500), and a job training grant of $30,000. TOTAL financial impact is $32,300, not including the $125,000 in Real Property Improvements tax credit from the state. FOR EXAMPLE, the Wasena Neighborhood Forum, during its regularly scheduled monthly meeting, deals with issues of vagrancy in the park, lack of signage into the neighborhood from the downtown area and recent acts of vandalism and crime at two local businesses along the village center. A request for additional lighting under the bridge in the park to address the vagrancy issue has been denied by the Parks Department because of budget cuts. During the meeting, the neighborhood decides that the two businesses need to go through the Star City Watch program, and subsequently they both receive $500 grants for security improvements. The neighborhood also applies for and receives a $500 grant to place a sign at the neighborhood gateway. They also apply for a Park Grant of $2,500, match it with an additional $3,000 thc Forum has after a fundraiser, and the Parks Department is able install some lights in the park to deal with the vagrancy problem. TOTAL financial impact to neighborhood is $4,000, but the crime rate and vagrancy problems will be addressed, and signage issues addressed. 25 VIRGINIA ENTERPRISE ZONE APPLICATION Blank page inserted itself'and could not I~e removed. 26 VIRGINIA ENTERPRISE ZONE APPLICATION D. Local Incentives Discuss the process used to determine incentive selection. In more detail, discuss the rationale for selecting the specific incentives. Discuss how local incentives will enhance other incentives offered at the local and state levels. Compare the proposed package to the current package. You may also provide examples of how local incentives have enhanced other incentives as well as provide examples of how current incentives have brought financial leverage to other incentives under the current package. One additional page may be attached. The City of Roanoke is fortunate to have had a zone for 20 years now and has seen what works, what does not and where there is room tbr improvement. The Department of Economic Development (DED) has a close relationship with businesses, which give accurate and honest views on the incentives. They have used previous ones, and know what works. The DED's job of perfecting these incentives is also made easier by knowledgable and concerned city staff in other departments, who work with businesses in vastly different capacities than the DED does, but are concerned that these businesses succeed. These City staffoften provide the DED with a perspective we would otherwise not be priviledged to and share with us concerns businesses may not think to share with DED. Contributing departments include fire, police, planning, neighborhood services, real estate valuation, utilities and parks and recreation. An informal survey of businesses and previous experience with the Enterprise Zone program has taught the DED the rebate schedule for building permits and utility connections needed to be more aggressive since the City raised the fees last year, that businesses do not have time for lenghthy or complicated application processes, real estate tax exemptions are crucial in renovating properties, security is a concern, additional help for rehabilitation ~vas more important than assistance in new construction and help in adaptive reuses of buildings was needed. Discussions with some companies has also shown us that job training, even with assistance from the state, can be a real challenge. As a result, the DED amended the incentives for both of the City of Roanoke's Enterprise Zones in 2002. BuiIding Permit Fee and Utility Connection Rebates were made easier to get to address the increased fee rates, and were allowed for rehabilitations as well as new construction to address the fact that there is very little developable raw land in Roanoke, and most development is in the form of redevelopment and renovations. This application does reflect a further change in the scale fbr the building permit rebates. After a year of use, it was determined the incentive was too easy to get and has been adjusted. A commercial Faqade Grant was also added in 2002, and was a great success its first year. These incentives have worked well the past year, and have been improved in this application to allow for a mixed use component: as long as a building will have 20% dedicated to retail or other commercial activities, the rest can be residential. The City also made qualifying for this incentive easier than most. Since the goal of the Fa~;ade Grant program was to improve the appearance of buildings, and not increasing tax assessment or revenues, the City has allowed non-profits to qualify for this incentive and there is no minimum investment required. Something as simple as cleaning or painting a building qualifies for assistance, because the City reaIizes that even simple and inexpensive measures like these can do much to improve the appearance ora building. In order to give the EZ Real Estate Exemption even more of an edge over the city-wide program (the EZ program allowed for newer buildings and less of an investment to qualify than the city-wide program) the exemption ~vill now be fbr seven, and not just five, years. Since security was also an issue for some, the City has added a Business Security Grant lbr any ~n~terpri~ gooe bu~5~tbat has cp~p!~;t~d~fl~ PoJi~ce O~partmen!i~ ex~e!!¢~[ Star ~j:ty ~u~in~e~ 27 VIRGINIA ENTERPRISE ZONE APPLICATION Section III, Impact of Designation, Question D Watch Program. Going hand in hand with security is safety, and in an eflbrt to encourage owners to do what is best for the occupants ora building, the City has added a Fire-Suppression Retro-Fit Grant and Connection Fee Rebate for owners that chose to have its building retro-fitted with a fire suppression system. Finally, the City has added a job training grant, which will allow the City of Roanoke to step in and fill all or part ora gap in funding from the state's Department of Business Assistance for new or expanding businesses that are investing in our workforce. Many of these incentives work hand-in-hand with other incentives offered by the city, state and federal government. The Job Grant is designed to work in unison with the DBA's workforce development assistance. Other incentives are available when state Enterprise Zone are not, such as the building permit and utility connection rebates and fa(;ade grant, which are both for projects that have at least 20% devoted to commercial activity, and the rest residential. The Fa~iade Grant is also open to non- profits. In 2003, the City of Roanoke received an application for a fa(;ade grant for a former supermarket being renovated into a church facility. While there will be no tax revenue from this property, the investment of $250,000 in an area of the City that has not had any substantial investment in recent history will have significant positive effect for the area. These local incentives can also be matched to state incentives, historic tax credits and the City of Roanoke's Technology Zone incentives. FOR EXAMPLE, a technology business locates to downtown Roanoke, and renovates an old building. The investment in building is $600,000 and in business personal property it is $18,000. Building permits cost $3,000, and facade improvements were $75,000. In addition, the bulding had to be wired for high speed internet capabilities. State Enterprise Zone Real Property Improvement tax credit would be $125,000; the local EZ faqade grant $25,000, local EZ rebates $1,800; Technology Zone business property grant $300, TZ internet connection grant $1,000; state historic tax credit $150,000 and federal historic tax credit $120,000. TOTAL financial incentives would be valued at $423,100. Often, renovating a building using just one set of economic tools, like the Enterprise Zone, can still be an expensive and difficult task. When the Enterprise Zone is supplemented by state and federal historic tax credits and Technology Zone credits renovations become much more economically feasible and the results are much grander than expected. 28 VIRGINIA ENTERPRISE ZONE APPLICATION A. Markeling Techniques Identify techniques that will be used to market the proposed zone. Compare these marketing techniques with the current techniques used to market the program and how and why the locality thinks they will be successful. Specify any targeted marketing techniques that will be used to attract specific industries. Electronic Marketing: The City of Roanoke's Department of Economic Development's website currently has all the information on state and local incentives, forms and instructions and maps of the zones. This information will be updated upon zone designation, and displayed more prominently. The Enterprise Zone is currently a layer on the GIS online and this layer will be updated to reflect the new zone boundaries. The DED will lobby to have a link from the front page of the City's website to Enterprise Zone information upon new zone designation. An update ora current CD ROM on various business opportunities in Roanoke will be completed as well to reflect the new zone designation. These various electronic forms of marketing have always been well-received in the past and with improvements will continue to succeed. In addition, the DED ~vill put a notice on the electronic bulletin board on the local government cable assess channel, RVTV, and appear on various economic development and businesses focused programs on RVTV. Printed Marketing: The DED currently keeps both three panel brochures on state and local incentives on hand for companies, as well as more in-depth handouts. These materials am always presented to businesses within the Enterprise Zone during existing business visits and to all prospects interested in learning more about the City. The DED also created a four-panel brochure on renovating downto~vn properties and ~vill update that upon zone designation. This brochure is used by the City, Downtown Roanoke Inc., and other partner organizations to get the word out about development opportunities in downtown. These materials will continue to play an important role in marketing the program. The DED will also work the Roanoke Times, the Blue Ridge Business Journal and the City's Citizen Magazine to have articles about the zone designation published. The Enterprise Zone will also be the focus of any print advertisements the DED places in 2004. Interactive Marketing Opportunities: Upon zone designation, the DED will hold a large workshop to educate businesses about the new incentives and zone boundaries. A large workshop will be held once a year, with smaller seminars held bi-annually to market the program. The DED will also take part in workshops sponsored by the Building Department to educate potential developers on downtown redevelopment. The DED will also make Enterprise Zone information available to neighborhood organizations whose village centers are a part of the zone. The staffofthe DED meets with businesses on a regular basis and always shares Enterprise Zone information with businesses located in the zone, looking to expand or for new space. The DED will pursue the opportunity to have the Planning, Building and Development Department and the Business License office to have programmed into their softwares used to issue building permits and business license a "trigger" that will alert the City employee that the building/basiness is in the zone and direct them to the DED with informational materials. Roanoke Valley Economic Development Partnership: The City of Roanoke partners and supports the RVEDP, which in addition to taking part in trade shows, running print ads and utilizing other traditional marketing techniques. The RVEDP always markets the Enterprise Zone benefits to companies with which it works. VIRGINIA ENTERPRISE ZONE APPLICATION Blank page inserted itself and could not be removed. 30 VIRGINIA ENTERPRISE ZONE APPLICATION B. Marketing Plan and Timetable Complete the marketing component of the implementation plan. Discuss where and how the marketing of the enterprise zone will fit in with the overall economic development marketing of the community and region and if/how this differs from the past. Discuss the staff; organization(s), and funds committed to marketing the proposed zone and if/how this differs from the past. This should be a detailed discussion of actions and plans listed in the marketing component of the Implementation Plan Chart. The Roanoke Valley Economic Development Partnership is a 20-year-old organization that markets the Roanoke Valley. The RVEDP is supported by the governments of Botetourt, Craig, Franklin and Roanoke counties, the cities of Roanoke and Salem, and the Town of Vinton, as well as the business community in the region. The City of Roanoke relies heavily on the RVEDP to market to potential businesses, via print advertisement, trade shows and trade missions and working closely with the Virginia Economic Development Partnership. As a result of the City of Roanoke's support of the RVEDP, the DED's marketing budget is limited. The marketing component has traditionally been, and will continue to be, absorbed by other budgets. The focus is on in-house production of brochures and the website, as well as low-cost, but highly effective business visits and workshops. The Administrator of the Enterprise Zone, while having other duties, is committed primarily to the EZ program. The current administrator also has a background in graphic design and is able to design many of the brochures, which allows the City to have attractive marketing pieces without the expense of hiring an outside designer or ad agency. The DED plans on being more aggressive in marketing the program, and not just launch a big marketing campaign upon zone designation. Upon zone designation, the DED will make a presentation at the monthly Leadership Team meeting of all directors and managers in the City and to partner economic development organizations; make presentations to the Police and Fire departments on the program, highlighting the new Business Security Grant and Fire Suppression Retro-Fit Grant programs; make presentations to the Housing and Neighborhood Services and Parks and Recreation departments on the Neighborhood/Parks and Recreation Grants; update all marketing material and the website; plan and hold a large workshop for businesses and property owners to give a brief overview of the state incentives and more detail on the new local incentives; work with local papers and journals to have articles on the new zone designation published; and work with the Department of Technology on updating the G1S, and creating the capability in the business license software and building permit software to alert the City staffthat the business they are working with is in the Enterprise Zone. Ongoing marketing efforts will include annual reviews of the program with City leadership, ED partners and City departments instrumental in marketing the program; annual large workshops on the program and biannual Open Houses with Planning to highlight the programs that can help owners renovate downtown properties; continually using technology and technological advances to improve the marketing and administration of the zone; continually visiting businesses in the zone to share program details; using email to send out information on the Enterprise Zone to businesses in the zone; and using various marketing opportunities such as the cable access station, newspaper and business journal. VIRGINIA ENTERPRISE ZONE APPLICATION Blank page inserted its¢l£and could not be removed. VIRGINIA ENTERPRISE ZONE APPLICATION 6~ Management and Administrative Structure Identify the department/agency/organization that will have overall responsibility for the zone's administration and address the following: Attach an organizational chart showing each person and organization involved in the administration and marketing of the Enterprise Zone. For localities submitting joint applications, explain the role(s) of each locality in administering the Enterprise Zone. Attach letters of support from each person and organization involved in the administration and marketing of the Enterprise Zone. The letters must include specific commitments that the organization/person will make to the zone not general letters of support. Provide the contact information fbr the person who is (to be) the Local Zone Administrator. []Explain why that position/office was selected to oversee the Enterprise Zone program. [] Provide a rough estimate of the amount of time (hours) per week that will be devoted to the program. [] Explain how the Enterprise Zone Program budget will be funded. Provide a line item budget if applicable. []Explain how individuals will be trained and how efforts will be coordinated. [] Discuss if the organizational structure will be the same or different from what is currently used and explain how and why. One additional page may be attached. CONTACT INFORMATION: Susan Mew Economic Development Specialist/Enterprise Zone Administrator City of Roanoke Department of Economic Development 1 I I Franklin Road, Suite 200 Roanoke, VA 24011 540/853-2717 (phone) 540/853-1213 (fax) susan mew~ci.roanoke.va.us The Department of Economic Development, with its regular contact with new and existing businesses, is best equipped to adminster the program. While only one staff member is officially assigned to work on the program, all Economic Development staff members are knowledgeable on the program and can assist in marketing the program and answering questions. It is estimated that currently the Enterprise Zone administrator devotes 20-25 hours a week to working with the program. This time increases after the first of the year until the middle of May, when state incentive activity is high. The incentives are funded through appropriations from the General Fund, except the Real Estate Tax Exemption, which is foregone revenue. The budget for the program is currently $ . The City of Roanoke is committed to keeping this program fully funded. VIRGINIA ENTERPRISE ZONE APPLICATION Section IV, Program Implementation, Question C The current Enterprise Zone administrator has worked with the program for over three years, and is well-versed. She will continually educate co-workers on the program, and has created an Internal Resource Guide that gives step-by-step Standard Operating Procedures (SOP) for all aspects of the program. These SOPs will be updated upon new zone designation, and will include information used to compile this application. The current administrator learned many aspects of the local program slowly and at times the hard way due to previously poor record keeping, and plans on making sure her successor will be better prepared to take over the administeration of this program. As the DHCD holds new administrator training the current administrator will hope to attend with other staff members to insure continuity with the program if she leaves employment with the City. The organizational structure will remain basically the same as it has been in recent years. There will be a stronger ongoing relationship with partner organizations that can help market the program, as well as with other city departments. 34 VIRGINIA ENTERPRISE ZONE APPLICATION D. Zone Assessment and Review Discuss by what method and how often incentives will be evaluated. Provide a timetable for incentive and program evaluation as part of the implementation plan. Discuss how program success will be determined and progress measured. Discuss how often and by what methods the incentives were evaluated over the past twenty years and any resulting actions. How is this different from the past? The DED plans to perform internal audits of the program every three to five years. Information will be gathered on how often incentives were used, by what sorts of industries, size of company, size of investment, how many jobs were created, how much tax revenue has been or soon will be generated. This information, with information collected ongoing from surveys with businesses using the incentives and businesses not able to use the incentives (and an explanation why) will help the DED continue to perfect incentives that are working, delete incentives that are not working and create new incentives. The DED realizes that the challenges laced by companies now will not be the same as those to be faced by companies five years from now. The DED will also gather information from qualifying businesses about how much ora difference the incentives really made in the decision to move to the zone or expand in the zone. The DED wants to insure that the local incentives are truly incentives and not just "rewards" tbr businesses making an investment or creating jobs anyway. It is the expectation of the DED that the City will never have to file a five-year report because the program will have been amended before five years go by in order to improve the incentives, and at times the boundaries. The DED amended the current zone three times in the past 20 years. The first was in the early 1990s, then 1996 and again in 2002. The incentives were amended every time and the boundaries only once. The last amendment in 2002 was precipitated by an internal audit conducted by the Office of the City Auditor. The audit served to point out many needs the program had, including creating SOPs, keeping better data on companies, amending the incentives so that they were better used and the need lbr frequent surveys of businesses to find out what was needed. It has been the experience of the DED that collecting information for the Annual Reports is extremely helpful in determining if an amendment may be needed. This Annual Report process allows the adminstrator to get a better picture of the life of the zone, and also serves as a valuable opportunity to educate City leadership on the zone and the activity within the zone. VIRGINIA ENTERPRISE ZONE APPLICATION Blank page inserted itself and could not be removed. 36 VIRGINIA ENTERPRISE ZONE APPLICATION E. Implementation Plan [~ Required chart on page 20 is completed and attached Each application must include as part of the implementation plan, a chart for the overall marketing of the zone based on the discussion in Question B. VIRGINIA ENTERPRISE ZONE APPLICATION Incentive Chart Proposed Enterprise Zone Name: Incentive #, Name, and Description: Incentive #1, Fa(~ade Grant: The City of Roanoke, through a grant through the Industrial Development Authority, will reimburse owners that improve the appearance of their building fa~:ade 33% of the cost of renovation, capped at $25,000 per project. Financial Value of Incentive: This is an existing incentive for the City of Roanoke Enterprise Zone program. In the first year the average grant amount was $16,273.53. Incentive #, Name, and Description: Incentive #2, Rehabilitation of Existing Provider: City of Roanoke through the Industrial Development Authority Qualification Requirements: Application must be made before work can commence. Fiscal limit is $100,000; first come, first serve. Some residential component is allowed in the building as long as 20% remains devoted to commercial uses. Period of availability: For the life of the zone Source of funds: General Revenue Effective date: Immediately Upon City Council Adoption of Enterprise Zone Ordinance Exclusive to zone: Yes J-~No, if no please explain how zone incentives will be addressed Provider: City of Roanoke 38 VIRGINIA ENTERPRISE ZONE APPLICATION Structures Real Estate Tax Exemption: A real estate tax exemption is available to businesses for increasing the assessed value of an existing commercial or industrial building through renovation. Financial Value of Incentive: The minimum value of this incentive is $4,235 over a seven year period. The maximum is $100,000. DED estimates the average benefit would be from $7,500- $10,000 per seven year period. Qualification Requirements: --Building must be of 15 years of age or more --Assessed value must be increased by at least $50,000 --The exemption remains with the building, not with the owner of the building, for a period of seven years and begins on July I of the year following completion of the rehabilitation or renovation and approval of the application for exemption --The maximum tax exemption for any individual building over the seven-year period is $100,000 --Some residential component is allowed in the building as long as 20% remains devoted to commercial uses. Period of availability: For the life of the zone. Source of funds: Foregone Revenue Effective date: Immediately Upon City Council Adoption of Enterprise Zone Ordinance Exclusive to zone: Yes [] No, if no please explain how zone incentives will be addressed 39 VIRGINIA ENTERPRISE ZONE APPLICATION Proposed Enterprise Zone Name: Incentive #, Name, and Description: Incentive #3, Building Permit and Comprehensive Development Review Fee Rebates: Up to 100% rebate of Building Permit fees and Comprehensive Development Plan Review fees based on new building construction investment and/or building rehabilitation investment. Financial Value of Incentive: The value of this incentive can fluctuate wildly depending on the investment. Smaller projects could receive as little as a $80 rebate (but we have never received an application for so small a project), while larger projects can get $1,000 -$15,000 rebated back. The average rebate for 2002 was $5,473.50. Incentive #, Name, and Description: Incentive #4, Water, Fire and Sewer Hookup Provider: City of Roanoke Qualification Requirements: Amount Invested City Rebates $1,000,000 or more 100% $900,000-$999,999.99 90% $800,000-$899,999.99 80% $700,000-$799,999.99 70% $600,000-$699,999.99 60% $500,000-$599,999.99 50% $400,000-$499,999.99 40% $300,000-$399,999.99 30% $250,000-$299,999.99 20% $125,000-$249,999.99 10% $0-$124,999.99 0% Some residential component is allowed in the building as long as 20% remains devoted to commercial uses. Period of availability: For the life of the zone. Source of funds: General Revenue Effective date: Upon Council Adoption of EZ Ordi Exclusive to zone: I I No, if no please explain how zone incentives will be addressed Provider: City of Roanoke ance 4O VIRGINIA ENTERPRISE ZONE APPLICATION Fees Rebate for New Building Construction and the Rehabilitation of Existing Buildings: City rebates up to 100% of water, fire, and sewer hookup fees, after documentation of a permanent certificate of occupancy, for businesses undertaking new building construction investment and the investment in the rehabilitation of existing buildings of at least $125,000. Qualification Requirements: Amount Invested City Rebates $1,000,000 or more 100% $900,000-$999,999.99 90% $800,000-$899,999.99 80% $700,000-$799,999.99 70% $600,000-$699,999.99 60% $500,000-$599,999.99 50% $400,000-$499,999.99 40% $300,000-$399,999.99 30% $250,000-$299,999.99 20% $125,000-$249,999.99 10% $0-$124,999.99 0% Some residential component is allowed in the building as long as 20% remains devoted to commercial uses. Period of availability: For the life of the zone Source of funds: General Revenue Financial Value of Incentive: This is an existing incentive for the City of Roanoke Enterprise Zone program. The value of this incentive can fluctuate wildly depending on the investment. Rebates can be from $600 to several thousand dollars. Effective date: Immediately Upon City Council Adoption of Enterprise Zone Ordinance Exclusive to zone: I I No, if no please explain how zone incentives will be addressed VIRGINIA ENTERPRISE ZONE APPLICATION Proposed Enterprise Zone Name: Incentive #, Name, and Description: Incentive #5, Fire Suppression Retro-Fit Five-Year Grant and Connection Fee Rebate: A grant, through the Idustrial Development Authority, to offset costs of having fire suppression line installed in older industrial and commercial buildings when not required by code. Financial Value of Incentive: This value of the incentive would vary depending on line size, but the total value for any one building for a five year period would be from $1,620 - $14,370 plus connection charge rebate of anywhere from $6,000 - $12,000. Incentive #, Name, and Description: Incentive #6, Neighborhood/Parks and Recreation Grant: Neighborhood grants to neighborhood associations and parks improvements grants for neighborhood parks improvement. Provider: City of Roanoke Qualification Requirements: Year One -- 50% of monthly fire service charge Year Two -- 40% of monthly fire service charge Year Three -- 30% of monthly fire service charge Year Four -- 20% of monthly fire service charge Year Five -- 10% of monthly fire service charge Some residential component is allowed in the building as long as 20% remains devoted to commercial uses. Period of availability: For the life of the zone. Source of funds: General Revenue Effective date: Immediately Upon City Council Adoption of Enterprise Zone Ordinance Exclusive to zone: Yes [] No, if no please explain how zone incentives will be addressed Provider: City of Roanoke Qualification Requirements: Must be in a neighborhood in or in a Census Tract contiguous to the Zone; neighborhood grants will be for $500 to be used for signage, beautification and community events (fiscal limit: $2,500); neighborhood parks improvement grants will be for making substantial improvements to neighborhood parks (fiscal limit: $10,000). VIRGINIA ENTERPRISE ZONE APPLICATION Financial Value of Incentive: $500 per approved applicant for signage, beautification and community events; estimated $2,500 for other grant types. Period of availability: For the life of the zone Source of funds: General Revenue Effective date: Immediately Upon City Council Adoption of Enterprise Zone Ordinance Exclusive to zone: Yes [] No, if no please explain how zone incentives will be addressed VIRGINIA ENTERPRISE ZONE APPLICATION Proposed Enterprise Zone Name: Incentive #, Name, and Description: Incentive #7, Star City Business Watch Program/Business Security Grant: Facilitate a partnership between the business community and the Roanoke City Police Department to create a safer environment for businesses, employees and consumers and promote crime 3revention strategies. A Business Security Grant would offset the cost of security measures such as lighting, vegetation and other suggestions that were a part of the Start City Business Watch program. Grants will be made through the Industrial Development Authority. Financial Value of Incentive: Security grants will cover 50% of security up fit expenses, up to $500. Incentive #, Name, and Description: Incentive #8, Job Training Grants: Any business qualifying for Department of Business Assistance (DBA) job training assistance can qualify for a grant from the City of Roanoke. Grants will be made through the Industrial Development Authority. Financial Value of Incentive: The value would depend on the per position grant received from the DBA. Provider: City of Roanoke (Police Department and Department of Economic Development) Qualification Requirements: In order to get a Business Security grant, a business must complete the Star City Watch Business Program with the Police Department (Star City Watch is a city-wide program.) Period of availability: for the life of the zone Source of funds: General Revenue Effective date: Immediately Upon City Council Adoption of Enterprise Zone Ordinance Exclusive to zone: Yes [] No, if no please explain how zone incentives will be addressed Provider: City of Roanoke Qualification Requirements: The business must qualify for job training assistance from the Virginia Department of Business Assistance in order to qualify for this incentive. Period of availability: For the life of the zone Source of funds: General Revenue Effective date: Immediately Upon City Council Adoption of Enterprise Zone Ordinance VIRGINIA ENTERPRISE ZONE APPLICATION Exclusive to zone: Yes [] No, if no please explain how zone incentives will be addressed <~ Z Council Report #003-00179 Attachment 2 Council Report 003-00 179 Attachment 3 Description of Proposed Enterprise Zone One A Enterprise Zone One A shall consist of portions of downtown; the industrially and commercially zoned areas west of downtown; the industrial corridor along Shenandoah Avenue north of the Norfolk Southern Rail Lines, continuing along Shenandoah Avenue until Peters Creek Road, and continuing along the NS lines until Peters Creek Road; industrially zoned properties to the south of Salem Turnpike, contiguous with the Shenandoah Avenue corridor; industrially zoned properties in and around the Norwich Neighborhood; some industrially zoned properties north of the Norwich Neighborhood north of the Roanoke River; the industrially and some of the commercially zoned properties in and around the Wasena Neighborhood, specifically along the Main Street Village Center and along Eighth Street; the Roanoke Industrial Center off of Ninth Street; the commercially zoned properties comprising the Southeast By Design project area; industrially and commercially zoned properties in the Southeast Quadrant of the City immediately south of the Norfolk Southern Rail Lines; industrially and commercially zoned properties in the Gainsboro Neighborhood; the 11th Street Commercial Village Center; commercially zoned properties to the north and south of Orange Avenue from 11th Street to 24~h Street; commercially zoned properties north of Melrose Avenue between 11m Street and 24th Street; larger commercially zoned properties on Melrose Avenue between Mst Street and Adams Street; commercially zoned properties along Williamson Road north of Rutherford Avenue and south of Hershberger Road; and the industrially and commercially zoned properties to the north and south of Orange Avenue east of Williamson and west of Tinker Creek. A map of the proposed Enterprise Zone One A is attached. Item A.6. Enterprise Zone One A Map Attached Separately The Roanoke Times Roanoke, Virginia Affidavit of Publication Roanoke. com .................................................. OFFICE OF ECONOMIC DEVELOPMENT SUITE 200 111 FRANKLIN PLAZA ROANOKE VA 24011 REFERENCE: 80084300 02202744 State of Virginia City of Roanoke Enterprise Zone I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of V~_~_inia. Sworn and subscribed before me this day of September 2003. Witness my hand and M~/com~isslon expires ~___~_ ~/f ~'-- . PUBLISHED ON: 08/31 09/07 TOTAL COST: 0.00 FILED ON: 09/08/03 .................................................. +-One A for m0~ detmNed ............. Authorized S i g n a t u r e: _/~Z~.~ ,~, _._~~__, Billing Services Representative NOTICE OF PUBLIC HEARING Pursuant to the provisions of the Virginia Enterprise Zone Act, Sections 59.1-270, e~. s~q., Code of Virginia (1950), as amended, the City of Roanoke proposes to make an application to the Department of Housing and Community Development to designate the area described below as an Enterprise Zone to replace the City's current Enterprise Zone One which expires on December 31, 2003. The application will seek designation as an Enterprise Zone of the property located within the City of Roanoke and described generally as follows: Enterprise Zone One A shall consist of portions of downtown; the industrially and commercially zoned areas west of downtown; the industrial corridor along Shenandoah Avenue north of the Norfolk Southern Rail Lines, continuing along Shenandoah Avenue until Peters Creek Road, and continuing along the NS lines until Peters Creek Road; industrially zoned properties to the south of Salem Turnpike, contiguous with the Shenandoah Avenue corridor; industrially zoned properties in and around the Norwich Neighborhood; some industrially zoned properties north of the Norwich Neighborhood north of the Roanoke River; the industrially and commercially zoned properties in and around the Wasena Neighborhood, specifically along the Main Street Village Center and along Eighth Street; the Roanoke Industrial Center off of Ninth Street; the commercially zoned properties comprising of the Southeast By Design project area; industrially and commercially zoned properties in the Southeast Quadrant of the City immediately south of the Norfolk Southern Rail Lines; industrially and commercially zoned properties in the Gainsboro Neighborhood; the 11t~ Street Commercial Village Center; commercially zoned properties to the north and south of Orange Avenue from 11t~ Street to 24th Street; commercially zoned properties north of Melrose Avenue between 11th Street and 24th Street; larger commercially zoned properties on Melrose Avenue between 31a Street and Adams Street; commercially zoned properties along Williamson Road north of Rutherford Avenue and south of Hershberger Road; and the industrially and commercially zoned properties to the north and south of Orange Avenue east of Williamson and west of Tinker Creek. Please see map of proposed Enterprise Zone One A for more detailed information. A copy of the draft letter to Council describing the proposed area of the Enterprise Zone (which will be referred to as Enterprise Zone One A), a map of the proposed Enterprise Zone, a draft of the application, and the proposed resolution authorizing the application are on file and may be reviewed by the public in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia 24011. Notice is hereby given that the Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on September 15, 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 Office of the City Clerk, (540)853-2541, or from Elizabeth A. Neu, Director of Economic Development, (540)853-2715. H:LNOTICE OF PUBLIC HEARING.dec 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 Thursday before the date of the hearing listed above. GIVEN under my hand this 27th day of August, 2003. Mary F. Parker, City Clerk Note to Publisher: Please publish twice in The Roanoke Times, once on Sunday, August 31, 2003, and once on Sunday, September 7, 2003. Send Publisher's Affidavit Mary F. Parker, City Clerk 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2541 Send Bill to: Elizabeth A. Neu, Director Economic Development 111 Franklin Plaza, Suite 200 Roanoke, VA 24011 (540) 853-2715 l-l:XNoticesXNOTICE OF PUBLIC HEARING.doc 2 CITy.. OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk September 19, 2003 File #24-51-200 Darlene L. Burnham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 36495-091503 amending and reordaining Section 36.1-345, District requlations; certificate of appropriateness, Subdivision D, H-2, Neiqhborhood Preservation District, Division 5, Special District Requlations, Article III, District Requlations, Chapter 36.1, Zoninq, Code of the City of Roanoke (1979), as amended, by amending subsections (a) and (c) to address installation and replacement of siding. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 15, 2003, and is in full force and effect upon its passage. City Clerk MFP:ew Enclosure Darlene L. Burcham September 19, 2003 Page 2 pc: The Honorable Robert P. Doherty, Chief Judge, Twenty-Third Judicial Circuit of Virginia The Honorable William D. Broadhurst, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Clifford R. Weckstein, 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 The Honorable James R. Swanson, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Julian H. Raney, Jr., Chief Judge, General District Court The Honorable George W. Harris, Jr., Judge, General District Court The Honorable Vincent A. Lilley, Judge, General District Court The Honorable Francis W. Burkart, III, Judge, General District Court The Honorable Jacqueline F. Ward Talevi, Judge, General District Court The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court Raymond F. Leven, Public Defender, 210 First Street, S. W., Roanoke, Virginia 24011 Ronald S. Albright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Peggy B. Stewart, Office of the Magistrate Lora A. Wilson, Law Librarian Rolanda B. Russell, Assistant City Manager for Community Development Susan S. Lower, Acting Director of Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator Rebecca J. Cockram, Secretary, Board of Zoning Appeals Martha P. Franklin, Secretary, City Planning Commission Martha P. Franklin, Secretary, Architectural Review Board Ronald L. Smith, Building Commissioner Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Sheila N. Hartman, Assistant City Clerk, (For transmittal by electronic mail to Municipal Code Corporation) IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 2003. No. 36495-091503. AN ORDINANCE amending and reordaining §36.1-345, District regulations; certificate of appropriateness, of Subdivision D, H-2, Neighborhood Preservation District, of Division 5, Special District Regulations, of Article III, District Regulations, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, by amending subsections (a) and (c) to address the installation or replacement of siding; 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. Section 36.1-345, District regulations; certificate of appropriateness, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, by amending subsections (a) and (c), to read and provide as follows: (a) In order to encourage the preservation and enhancement of the district and encourage the rehabilitation and new construction in conformance with the existing scale and character of the district, the architectural review board shall review and approve the erection of new buildings or structures, including signs, the demolition, moving, reconstruction, alteration or restoration, of existing structures and buildings, including the installation or replacement of siding, or reduction in their floor area, including the enclosure or removal of a porch. No such erection, demolition, moving, reconstruction, alteration, restoration, or enlargement or reduction of a structure, or building, shall be undertaken without the issuance of a certificate of appropriateness by the board, unless otherwise specified herein. o-ReviewProcedure36.1-645(a)(c) (c) The' p,.ll.+; ..... 1 ...... + of .;~1;_~ +h~ in ........... er -~v ................. 6, cr ..... replacement of porches, stairs, awnings, roofing materials, windows, or other similar modifications to an element ora building, structure, or landmark shall not require a certificate of appropriateness, provided that such installation or replacement is performed using materials which are of the same design as those on the building, structure or landmark, and provided that such installation or replacement maintains the architectural defining features of the building, structure or landmark. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. City Clerk. o-ReviewProcedure36.1-645(a)(c) Architectural Review Board Board of Zoning Appeals Planning (;onlmission CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning~ci.roanoke.va.us September 15, 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: Su~e~: Amendment of subsections (a) and (c) of Section 36.1-345, District regulation; certificate of appropriateness, of the Code of the City of Roanoke (1979), as amended, to address the installation or replacement of siding. Planning Commission Action: Planning Commission public hearing was held on Thursday, August 21, 2003. By a vote of 6-0 (Mr. Butler absent), the Commission recommended approval of the proposed amendments. Background: The H-2, Neighborhood Preservation District, covers a large portion of the Southwest Historic District, which is listed on the Virginia Landmarks and National Register of Historic Places. Its intent is to ensure the preservation of buildings which, in their aggregate or individually, are of special community significance. One of the specific purposes of the H-2 district is to "encourage preservation, protection, and enhancement of streetscapes, structures and areas of architectural, historic or cultural importance." Subsections 36.1-345 (a) & (c) of the H-2 regulations are proposed to be amended so that the residents of the Southwest Historic District can better preserve, protect, and enhance their streetscapes and structures. A great concern facing the district is the inappropriate installation or replacement of siding. An effective way to further the intent of the H-2 preservation district is to require an applicant to apply for a Certificate of Appropriateness from the Architectural Review Board (ARB) for the installation or replacement of siding. In general, Section 36.1-345(a) provides that the installation or replacement of any exterior structure in the H-2, Neighborhood Preservation District, requires a Certificate of Appropriateness. A structure is defined as anything which is constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground, such as a wall, building, fence, sign. However, the ordinance has provisions which exempt certain activities from the general requirement of obtaining a Certificate of Appropriateness. First, Section 36.1-345(b) provides that activities of ordinary maintenance such as painting and minor repairs that are of a frequent or maintenance related nature, do not require a Certificate of Appropriateness. Section 36.1-345(c) currently provides that the installation or replacement of certain architectural elements of a structure, such as siding, porches, stairs, roofing materials, windows do not require a Certificate of Appropriateness provided that the installation and replacement is performed using materials which are of the same design as those on the structure and provided that such installation maintains the defining architectural features of the structure. Thus, under the current ordinance, an applicant is not required to obtain a Certificate of Appropriateness for the installation or replacement of siding, as long as the applicant is using materials which are of the same design as the siding existing on the building and which maintain the architectural defining features of the building. Because of the significance that the installation or replacement of siding can have on the appearance of a neighborhood and the architectural integrity of its historic character, the ARB is requesting that an applicant be required to obtain a Certificate of Appropriateness from the Board for such work, just as an applicant would have to when he wishes to make most other exterior changes to a property. Considerations: The H-2, Neighborhood Preservation District, is intended to ensure the preservation of buildings which, in their aggregate or individually, are of special community significance. Requiring an applicant to obtain a Certificate of Appropriateness for the installation or replacement of siding allows the staff and the Architectural Review Board an opportunity for review of proposed applications to ensure that the installation does not have an adverse impact on the architectural integrity of the structure and the neighborhood. Brian Townsend presented the staff report on the proposed amendment, and outlined the review process undertaken for the replacement or installation of siding pursuant to the current wording of the ordinance. Given the fundamental importance of the role of siding/cladding to the architectural character of any structure in the H-2 District, staff recommended that all applications for replacement or installation should be considered by the ARB. Numerous questions were asked by Commissioners Scholz and Williams regarding the use of various materials for siding purposes, and the impacts on the process of evaluation of requests given the proposed changes to the regulations. Mr. Chrisman stated concerns regarding the impact on property owners having to wait for a review before the ARB rather than having their siding request handled administratively. Staff responded that the question of the appropriateness of siding materials, their application, and impact on the architectural character and details of structures were more critical to the long term benefit of the historic district as a whole versus the additional time that any one applicant would have to wait to have a hearing before the ARB, which is generally thirty days or less. Staff further clarified that only one particular activity, the installation and replacement of siding, was being removed from a list of other items that could still continue to be considered administratively for approval. Mr. Manetta stated that the ARB, appointed by City Council and comprised of a range of professions including architecture and engineering, historic preservation, and the building trades, were a better resource to be used to consider such important matters for the historic district rather than an administrative procedure. Citizens present who spoke in favor of the proposed amendment were Mr. Robert Richert (415 Allison Avenue), Chairman of the Architectural Review Board, Mr. Donald Harwood (Hill Studio, 120 Campbell Avenue, S.W.), Architectural Review Board member, and Mr. Christopher Muse (617 6th Street S.W.). Ms. Prince stated that as a resident of the H-2 District in Old Southwest she supported ensuring that standards were maintained, and that individuals who purchase properties in the historic district should be aware of the higher standards of review, and that the review by the ARB for the installation and replacement of siding was for the long term benefit of the district. Mr. Rife commented that having all requests for siding installation and replacement considered by the ARB would ensure that each applicant was treated in the same manner and would support the integrity of the review process. Recommendation: The Planning Commission recommends that City Council approve the proposed amendment. The amendment furthers the intent of the Zoning Ordinance and the H-2 District to protect the Southwest Historic District and to maintain the architectural integrity of structures in the neighborhood. Respectfully submitted, Robert B Manetta, Chairman Roanoke 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 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 02202389 District Regulations 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~ia. Sworn and subscribed before me this __~_'~_ _~ay of September 2003. Witness my hand and . PUBLISHED ON: 0S/29 09/05 TOTAL COST: 303.60 FILED ON: 09/05/03 Authorized ~ ; J ' , Billing Services Representative NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of{} 15.2-2204, Code of Virginia (1950), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, September 15, 2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chambers, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, in order to consider an ordinance, amending and revising Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended. The proposed ordinance would amend §36.1-345, District regulations; certificate of appropriateness, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, by amending subsections (a) and (c) to address the installation or replacement of siding. A copy of such proposed ordinance is available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building. Questions about the content of the proposed ordinance should be directed to the Office of Planning, Building and Development, 853-1730. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office (853-2541), before 12:00 noon on Thursday, September 11, 2003. All parties in interest may appear on the above date and be heard on the question. GiVEN under my hand this 27th day of August ,2003. Mary F. Parker, City Clerk. H/NOTICES/N CA-36 1-345(SIDING)091503 IX)C Notice to Publisher: Publish in the Roanoke Times once on Friday, August 29, 2003, and once on Friday, September 5, 2003. Send bill and affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk September 22, 2003 File #24-53-60-217-468 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 36497-091503 amending and reordaining certain sections of the 2003-2004 Water Pollution Control Fund Appropriations, in connection with financing costs of capital improvements to the Roanoke Regional Water Pollution Control Plant. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 15, 2003. Mary F. Parker, CMC City Clerk MFP:sm Attachment Jesse A. Hall September 22, 2003 Page 2 pc: Darlene L. Burcham, City Manager George C. Snead, Jr., Assistant City Manager for Operations Michael T. McEvoy, Director of Utilities S. Scott Shirley, Wastewater Manager, Water Pollution Control Plant Barry L. Key, Director, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2003. No. 36497-091503. AN ORDINANCE to amend and reordain certain sections of the 2003-2004 Water Pollution Control 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 Water Pollution Control Fund Appropriations be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Capital Outlay $ 77,329,305 Contracts A,B,C - Wet Weather Improvements (1-2) ......................... 47,600,000 Revenues Nonoperating Capital Contributions from Other Localities (3) ........................................ VRA Loan Proceeds (4) ........................................................................... $ 51,079,027 24,300,000 23,300,000 1) Appropriated from Other Governments 2) Appropriated from Virginia Resources Authority Loan 3) Contracts A,B,C - Other Jurisdictions 4) Virginia Water Facilities Revolving Loan (003-510-8364-8999) (003-510-8364-9137) (003-510-8364-1503) (003-510-8364-1504) $ 24,300,000 23,300,000 24,3OO,OOO 23,300,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ...]. City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk September 18, 2003 File #53-60-217-468 The Honorable Arthur B. Crush, III Clerk of Circuit Court Roanoke, Virginia Dear Mr. Crush: I am attaching a certified copy of Resolution No. 36496-091503 authorizing the City of Roanoke to contract a debt and to issue sewer revenue bonds of the City, in the principal amount not to exceed $25,000,000.00, to provide funds to pay the cost of capital improvements to the Roanoke Regional Water Pollution Control Plant, pursuant to Section 62.1-224, Code of Virginia (1950), as amended. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 15, 2003. Pursuant to provisions of Section 7 of Resolution No. 36496-091503, I am required to file a certified copy with the Circuit Court of the City of Roanoke, Virginia. Sincerely, City Clerk MFP:ew Attachment The Honorable Arthur B. Crush, Ill September 18, 2003 Page 2 pc: Donald G. Gurney, Esquire, Hawkins, Delafield and Wood, 67 Wall Street, New York, New York 10005 George B. Pugh, Jr., BB&T Capital Markets, 151 Meeting Street, Suite 305, Charleston, South Carolina 29401 Gary Ometer, BB&T Capital Markets, P. O. Box 1575, Richmond, Virginia 23218-1575 The Honorable David C. Anderson, City Treasurer Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance William M. Hackworth, City Attorney George C. Snead, Jr., Assistant City Manager for Operations Michael T. McEvoy, Director of Utilities S. Scott Shirley, Wastewater Manager, Water Pollution Control Plant Barry L. Key, Director, Management and Budget H:~agenda 03~ep ember 15, 2003 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 2003. No. 36496-091503. A RESOLUTION OF THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED TWENTY-FIVE MILLION DOLLARS ($25,000,000) PRINCIPAL AMOUNT OF REVENUE OBLIGATIONS OF THE CITY OF ROANOKE, VIRGINIA, IN THE FORM OF SEWER REVENUE BONDS OF THE CITY OF ROANOKE, VIRGINIA, FOR THE PURPOSE OF PROVIDING FUNDS TO PAY THE COST OF CAPITAL IMPROVEMENTS TO THE SEWER SYSTEM OF THE CITY, A REVENUE- PRODUCING UNDERTAKING OF THE CITY, SUCH CAPITAL IMPROVEMENTS CONSTITUTING WASTEWATER TREATMENT FACILITIES WITHIN THE MEANING OF TITLE 62.1, CHAPTER 22, SECTION 62.1-224, OF THE CODE OF VIRGINIA, 1950; FIXING THE FORM, DENOMINATION AND CERTAIN OTHER DETAILS OF SUCH BONDS; PROVIDING FOR THE ISSUANCE OF SUCH BONDS TO THE VIRGINIA RESOURCES AUTHORITY ("VRA"), AS ADMINISTRATOR OF THE VIRGINIA WATER FACILITIES REVOLVING FUND, TO EVIDENCE THE BORROWING TO BE MADE BY SUCH CITY FROM VRA PURSUANT TO A FINANCING AGREEMENT BY AND BETWEEN VRA AND SUCH CITY; APPROVING THE FORM AND THE TERMS, CONDITIONS AND PROVISIONS OF SUCH FINANCING AGREEMENT AND AUTHORIZING AND DIRECTING THE EXECUTION AND DELIVERY THEREOF; AND APPOINTING THE DIRECTOR OF FINANCE AS REGISTRAR AND PAYING AGENT FOR SUCH BONDS WHEREAS, in the judgment of the Council (the "Council") of the City of Roanoke, Virginia (the "City"), it is desirable to authorize the issuance of not to exceed Twenty- Five Million Dollars ($25,000,000) principal amount of revenue obligations of the City in the form of Sewer Revenue Bonds to provide funds to pay the cost of capital improvements to the sewer system of the City, a revenue-producing undertaking of the City, such capital improvements constituting wastewater treatment facilities within the meaning of Title 62.1, Chapter 22, Section 62.1-224, of the Code of Virginia, 1950; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: SECTION 1. Pursuant to Chapter 26 of Title 15.2 of the Code of Virginia, 1950, the same being the Public Finance Act of 1991, and the Charter of the City, for the purpose of providing funds to pay the cost of capital improvements to the sewer system of the City, a revenue-producing undertaking of the City, such capital improvements constituting wastewater treatment facilities within the meaning of Title 62.1, Chapter 22, Section 62.1-224, of the Code of Virginia, 1950, there are authorized to be issued not to exceed Twenty-Five Million Dollars ($25,000,000) principal amount of revenue bonds of the City to be designated "City of Roanoke, 432272.1 026378 RES -2- Virginia, Sewer Revenue Bonds" (the "Bonds"). The Bonds shall bear the series designation "Series 2003B" or such other series designation as shall be determined by the City Manager or the Director of Finance. SECTION 2. The Bonds shall be issued to the Virginia Resources Authority ("VRA") as administrator of the Virginia Water Facilities Revolving Fund (the "Fund"), pursuant to the terms, conditions and provisions of, and to evidence the borrowing to be made by the City from VRA under, a Commitment Letter, dated August 25, 2003 (the "Commitment Letter"), from VRA to the City, a copy of which is filed with the minutes of the meeting at which this Resolution is being adopted, and a Financing Agreement (the "Financing Agreement"), by and between VRA, as administrator of the Fund, and the City, as the Borrower thereunder, such Financing Agreement to be in substantially the form presented to and filed with the minutes of the meeting of this Council at which this Resolution is being adopted. The form of the Financing Agreement and the terms, conditions and provisions thereof are hereby approved by this Council, and the City Manager or the Director of Finance is hereby authorized and directed to execute and deliver to VRA a Financing Agreement in such form, together with such changes as the City Manager or the Director of Finance executing the same shall approve upon the advice of counsel (including the City Attorney and Bond Counsel to the City), such approval to be conclusively evidenced by the execution and delivery thereof by the City Manager or the Director of Finance. In accordance with the terms, conditions and provisions of the Commitment Letter and the Financing Agreement, as the same may be amended from time to time, the Bonds shall have a term of not exceeding the term provided for in the Financing Agreement as executed, shall bear interest at the rate of not to exceed six per centum (6.00%) per armum and shall mature on such dates (provided that the final maturity date of the Bonds shall not be later than thirty (30) years after the dated date of the Bonds) and in such principal amounts as shall be specified in the Financing Agreement and the form of the Bond attached thereto as Exhibit A. SECTION 3. The revenues of the sewer system of the City are irrevocably pledged to the punctual payment of the principal of the Bonds as the same become due and payable, and the Bonds shall be secured solely by and payable solely from such revenues. The Bonds shall be secured on a parity basis with the City's "Existing Parity Bonds" set forth at Appendix F to the Financing Agreement. The City Council hereby covenants with and for the benefit of the registered owners of the Bonds that so long as any Bond shall remain outstanding the rates, rents, fees or other charges for the services and facilities furnished by, or for the use of, or in connection with the revenue-producing undertaking of the City consisting of the sewer system of the City shall be fixed and maintained at the level that will produce sufficient revenue in each year to satisfy the rate covenants set forth in the Financing Agreement, to pay the cost of operation and administration of such sewer system, the cost of insurance against loss by injury to persons or property and the principal of the Bonds when due and payable and to provide reserves for such purposes. SECTION 4. The Bonds shall be executed, for and on behalf of the City, by the manual signatures of the Mayor and the City Treasurer of the City and shall have the corporate seal of the City impressed thereon, attested by the manual signature of the City Clerk of the City. 432272.1 026378RES -3- The Bonds shall be in substantially the form set forth as Exhibit A to the definitive form of the Financing Agreement. The Director of Finance is hereby appointed as the Registrar and Paying Agent for the Bonds. SECTION 5. The City Manager, the Director of Finance, the City Treasurer, the City Attorney, the City Clerk and other appropriate officers and employees of the City shall take all actions as shall be necessary to carry out the provisions of this Resolution. SECTION 6. All resolutions in conflict herewith are, to the extent of such conflict, repealed. This Resolution shall constitute the "Local Resolution" as such term is defined in Section 1.1 of the Financing Agreement. SECTION 7. The City Clerk is hereby directed to file a copy of the Resolution, certified by such City Clerk to be a true and correct copy hereof with the Circuit Court of the City. SECTION 8. The members of the Council and all officers, employees and agents of the City are hereby authorized to take such action as they or any one of them may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. SECTION 9. This Resolution shall take effect upon its adoption. ATTEST: City Clerk. 432272.1 026378RES 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 September 15, 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: Virginia Water Facilities Revolving Fund Loan Authorization The design phase has been completed for Contract A of the 2003 Wet Weather Improvements at the Roanoke Regional Water Pollution Control Plant. Bids for Contract A were received from four qualified contractors on August 21, 2003. This is the first of a series of three separate projects which will complete the planned improvements to the WPC Plant facilities. Contracts B & C are expected to bid early 2004. The Departments of Finance and Utilities have evaluated both the issuance by the City of tax-exempt general obligation or revenue bonds at competitive sale and the issuance by the City of sewer revenue bonds to evidence a loan from the Virginia Water Facilities Revolving Fund administered by the Virginia Resources Authority for the funding of the above-stated projects. The Virginia Resources Authority has approved a 20-year loan, in a principal amount of $17,511,501, at an interest rate not to exceed 3.75%. The Virginia Resource Authority has provided a verbal commitment to increase the loan amount, not to exceed $23,300,000, prior to loan closing. The interest rate is below current municipal bond rates. Issuance of revenue bonds through the Virginia Resources Authority is advantageous in consideration of future plans for a Water and Waste Water Authority to be established between the City and the County of Roanoke. This funding level is expected to be adequate for the City's share of the contracts for all three of the projects (A, B & C). The Honorable Mayor and Members of Council Virginia Water Facilities Revolving Fund Loan Authorization September 15, 2003 Page 2 Recommended Action: Adopt a resolution authorizing issuance of sewer revenue bonds of the City to the Virginia Resources Authority as administrator of the Virginia Water Facilities Revolving Fund. Authorize the City Manager and Director of Finance to take steps necessary to close on this bond issuance. Appropriate the bond proceeds in an account(s) to be created by the Director of Finance in the Water Pollution Control Fund to ~rovide for the construction of Contracts A, B, and C described in this letter. Establish accounts receivable from the partner urisdictions according to the cost allocation formula set forth in the 2003 Wastewater Agreement and appropriate funds to be received, ($24,300,000), to the same project account. Respectfully submitted, Darlene L. Burcham City Manager Jesse A. Hall Director of Finance DLB/mtm/sss C~ Jesse A. Hall, Director of Finance William M. Hackworth, City Attorney Mary F. Parker, City Clerk George C. Snead, Jr., Assistant City Manager for Operations Michael McEvoy, Director of Utilities Ann H. Shawver, Deputy Director of Finance Scott Shirley, WPC Manager CM03-00183 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 15.2-2606.A of the Code of Virginia, 1950, that the Council of the City of Roanoke, Virginia (the "City"), will hold a public hearing on Monday, September 15, 2003, at 7:00 P.M., local time, in the Council Chamber, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011, with respect to the proposed adoption by the Council of a resolution authorizing the City to contract a debt and to issue sewer revenue bonds of the City in the principal amount of not to exceed $25,000,000 to finance the costs of capital improvements to the Roanoke Regional Water Pollution Control Plant, a revenue-producing undertaking of the City, such capital improvements constituting wastewater treatment facilities within the meaning of Section 62.1-224 of the Code of Virginia, 1950. The members of public are invited to attend the public hearing and to appear and present their views on the proposed resolution. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, 853-2541, by 12:00 noon on Thursday, September 11, 2003. The full text of the proposed resolution is on file in the office of the City Clerk, Noel C. Taylor Municipal Building, Room 456, 215 Church Avenue, S.W., Roanoke, Virginia 24011. Dated: September 2, 2003 MARY F. PARKER City Clerk City of Roanoke, Virginia 432264.1 026378 NTC Notice to Publisher: Publish in the Roanoke Times once on Tuesday, September 2, 2003, and once on Tuesday, September 9, 2003. Send affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 Send bill to: Donald G. Gumey, Esquire Hawkins, Delafield & Wood 67 Wall Street, 11t~ Floor New York, New York 10005 (212) 820-9438 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times HAWKINIS, DELAFIED & WOOD 67 WALL STREET, llTH FLOOR ATTN: DONALD G. GURN NEW YORK NY 10005 REFERENCE: 80107262 02203658 Contract debt 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~nla. Sworn and subscribed before me this ~ da~; of September 2003. Witness my hand and My--~on--exp i r;s ZZ~_~__~_ ~_~ ....... . /02 09/09 TOTAL COST: 285.20 FILED ON: 09/09/03 ................................................... + ........................... Autilorized ~ ~ -- - Si 9ma t ute: __/~~,__~~, Billin9 Services Representative Resouroos AUTHORITY August25,2003 Ms. Darlene L. Burnham City Manager City of Roanoke 215 Church Avenue, S.W. Roanoke, Virginia 24011 Re~ Virginia Water FacflitiesRevolvingFund City ofRoanoke C-515294-02 Dear Ms. Burcham: Virginia Resources Authority (the "Authority") is pleased to advise you that the State Water Control Board (the "Board") has authorized a loan fi.om the Virginia Water Facilities Revolving Fund to the City of Roanoke (the "City") in the amount of$17,511,501 at three and seventy-five hundredths percent (3.75%) interest per annum, for a term of twenty (20) years (the "Loan"). The Loan will be used to finance the City's share of upgrades to the Roanoke Regional Wastewater Treatment Plant, together with related expenses (the "Project"). The Authority hereby offers to extend to the City the Loan as stated, subject, however, to the satisfaction of the conditions to purchase the City's Local Bond set forth in the enclosed form of Financing Agreement (Sections 2.1, 3.1, and 3.2). The Loan will be secured by a pledge of the revenues of the City's wastewater system. The City's Local Bond evidencing the Loan shall be issued on a parity basis with all pre-existing bonded indebtedness secured by a pledge ofwastewater system revenues. Loan closing and the disbursement of funds in connection therewith shall remain subject to satisfaction of any condition prerequisite thereto established by the Board. The City shall comply in all respects with all applicable federal laws, regulations and other requirements relating to or arising out of or in connection with the Project and the funding thereof by the Authority, including, but not limited to, the federal "crosscutting" requirements identified in the attached Schedule A. Where the Authority or the Board determines noncompliance of such requirements, the issue shall be referred to the proper Federal authority and/or agency for consultation and/or enfomement action. Loan closing and the disbursement of funds thereunder shall also be subject to the receipt of requisite funding for the loan fi.om the United States Envirormaental Protection Agency by the fund's Capitalization Grant under Title 1V. Ms. Darlene L. Burcham August 25, 2003 Page 2 The Authority reserves the right to withdraw or alter the terms of this commitment if, between the date of the City's loan application and the date of closing, the City incurs any debt or its financial condition changes in any way deemed material by the Authority in its sole discretion. If you have any questions concerning the foregoing, please call Mary Barnes of my staff. If you concur with the terms and conditions herein stated, please acknowledge your acceptance thereof by signing below and returning the original to me no later than October 1, 2003. Retain a copy for your records. If Loan closing shall not have occurred by November I, 2003, it is understood that the Authority reserves the right to modify any of the conditions of this commitment or to withdraw the loan offer. ~~V~ HilY yours, The foregoing terms and conditions are hereby acknowledged and accepted the day of ., 2003. By: City Manager Enclosure C~ Russell J. Singer, Esquire Mr. Donald W. Wampler- DEQ Donald G. Gurney, Esquire £R Draft - 08/25/03 FINANCING AGREEMENT BETWEEN VIRGINIA RESOURCES AUTHORITY, as Administrator of the Virginia Water Facilities Revolving Fund AND CITY OF ROANOKE, VIRGINIA Virginia Resources Authority Virginia Water Facilities Revolving Fund Loan No. C-515294-02 SCHEDULE A FEDERAL CROSS-CUTTING REQUIREMENTS ENVIRONMENTAL: Archeological and Historic Preservation Act of 1974, PL 93-291. Clean Air Act, 42 U.S.C. 7506(c). Coastal Barrier Resources Act, 16 U.S.C. 3501, et seq. Coastal Zone Management Act of 1972, PL 92-583, as amended. Endangered Species Act 16 U.S.C. 1531, et seq. Executive Order 11593, Protection and Enhancement of the Cultural Environment. Executive Order 11988, Floodplain Management. Executive Order 11990, Protection of Wetlands. Farmland Protection Policy Act, 7 U.S.C. 4201, et seq. Fish and Wildlife Coordination Act, PL 85-624, as amended. National Historic Preservation Act of 1966, PL 89-665, as amended. Safe Drinking Water Act, section 1424(e), PL 92-523, as amended. Wild and Scenic Rivers Act, PL 90-542, as amended. ECONOMIC: Demouslmtion Cities and Metropolitan Development Act of 1966, PL 89-754, as amended. Section 306 of the Clean Air Act and Section 508 of the Clean Water Act, including Executive Order 11738, Administration of the Clean Air Act and the Federal Water Pollution Contxol Act with Respect to Federal ConWacts, Grants, or Loans. SOCIAL LEGISLATION: Age Discrimination Act, PL 94-135. Civil Rights Act of 1964, PL 88-352. Section 13 of PL 92-500: Prohibition against Sex Discrimination render the Federal Water Pollution Con~xol Act. Executive Order 11246, Equal Employment Opportunity. Executive Orders 11625 and 12138, Women's and Minority Business Enterprise. Rehabilitation Act of 1973, PL 93-112. MISCELLANEOUS AUTHORITY: Uniform Relocation and Real Property Acquisition Policies Act of 1970, PL 91-646. Executive Order 12549 - Debarment and Suspension. Section 1.1. Section 1.2. TABLE OF CONTENTS Page ARTICLE I DEFINITIONS Definitions ............................................................................................ 1 Rules of Construction .......................................................................... 4 Section 2.1. ARTICLE II REPRESENTATIONS Representations by Borrower ............................................................... 4 Section 3.1. Section 3.2. ARTICLE III ISSUANCE AND DELIVERY OF THE LOCAL BOND Loan to Borrower and Purchase of the Local Bond ............................. 5 Conditions Precedent to Purchase of the Local Bond .......................... 6 ARTICLE IV USE OF LOCAL BOND PROCEEDS AND CONSTRUCTION OF PROJECT Section 4.1. Section 4.2. Section 4.3. Section 4.4. Section 4.5. Section 4.6. Section 5.1. Section 5.2. Application of Proceeds ....................................................................... 7 Agreement to Accomplish Project ....................................................... 8 Permits ................................................................................................. 9 Construction Contractors ..................................................................... 9 Engineering Services ........................................................................... 9 Borrower Required to Complete Project ............................................ 10 ARTICLE V PLEDGE~ REVENUES AND RATES Pledge of Revenues ............................................................................ 10 Annual Budget ................................................................................... 11 -i- Section 6.1. Section 6.2. Page ARTICLE VI PAYMENTS Payment of Local Bond ..................................................................... 12 Payment o f Additional Payments ....................................................... 12 Section 7.1. ARTICLE VII PREPAYMENTS Prepayment of Local Bond ................................................................ 12 Section 8.1. Section 8.2. Section 8.3. Section 8.4. Section 8.5. Section 8.6. Section 8.7. Section 8.8. Section 8.9. Section 8.10. Section 8.11. Section 8.12. Section 8.13. Section 8.14. ARTICLE VIII OPERATION AND USE OF SYSTEM Ownership and Operation of Project and System .............................. 13 Maintenance ....................................................................................... 13 Additions and Modifications .............................................................. 13 Use of System .................................................................................... 13 Inspection of System and Borrower's Books and Records ................13 Ownership of Land ............................................................................ 13 Sale or Encumbrance ......................................................................... 14 Collection of Revenues ...................................................................... 14 No Free Service .................................................................................. 14 No Competing Service ....................................................................... 14 Mandatory Connection ....................................................................... 15 Lawful Charges .................................................................................. 15 Sewer Use Ordinance ......................................................................... 15 Performance Certification .................................................................. 16 Section 9.1. Section 9.2. Section 9.3. Section 9.4. Section 9.5. ARTICLE IX INSURANCE~ DAMAGE AND DESTRUCTION Insurance ............................................................................................ 16 Requirements of Policies ................................................................... 16 Notice of Damage, Destruction and Condemnation .......................... 16 Damage and Destruction .................................................................... 17 Condenmation and Loss of Title ........................................................ 17 - ii - Section 10.1. Section 10.2. Section 10.3. Section 10.4. Section 10.5. Section 10.6. Section 10.7. Section 10.8. Page ARTICLE X SPECIAL COVENANTS Maintenance of Existence .................................................................. 17 Financial Records and Statements ................................................ :.... 18 Certificate as to No Default ............................................................... 18 Additional Indebtedness ..................................................................... 18 Parity Bonds ....................................................................................... 18 Further Assurances ............................................................................. 19 Other Indebtedness ............................................................................. 20 Assignment by Borrower ................................................................... 20 Section 11.1. Section 11.2. Section 11.3. Section 11.4. ARTICLE XI DEFAULTS AND REMEDIES Events of Default ............................................................................... 20 Notice of Default ................................................................................ 21 Remedies on Default .......................................................................... 21 Delay and Waiver .............................................................................. 22 Section 12.1. Section 12.2. Section 12.3. Section 12.4. Section 12.5. Section 12.6. Section 12.7. Section 12.8. Section 12.9. Section 12.10. Section 12.11. ARTICLE XII MISCELLANEOUS Successors and Assigns ...................................................................... 22 Amendments ...................................................................................... 22 Liability of Officials, etc .................................................................... 22 Applicable Law .................................................................................. 22 Severability ........................................................................................ 22 Notices ............................................................................................... 23 Right to Cure Default ......................................................................... 23 Headings ............................................................................................ 23 Term of Agreement ............................................................................ 24 Commitment Letter ............................................................................ 24 Counterparts ....................................................................................... 24 - iii - EXHIBITS Exhibit A - Form of Local Bond Exhibit B - Project Description Exhibit C - Project Budget Exhibit D - Opinion of Borrower's Bond Counsel Exhibit E - Form of Requisition Exhibit F - Prior Bonds and Existing Parity Bonds Exhibit G - Performance Standards - iv - FINANCING AGREEMENT THIS FINANCING AGREEMENT is made as of this 1 st day of ,2003, between the VIRGINIA RESOURCES AUTHORITY, a public body corporate and a political subdivision of the Commonwealth of Virginia (the "Authority"), as Administrator of the VIRGINIA WATER FACILITIES REVOLVING FUND, and the CITY OF ROANOKE, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "Borrower"). Pursuant to Chapter 22, Title 62.1 of the Code of Virginia (1950), as amended (the "Act"), the General Assembly created a permanent and perpetual fund known as the "Virginia Water Facilities Revolving Fund" (the "Fund"). In conjunction with the State Water Control Board, the Authority administers and manages the Fund. From the Fund, the Authority from time to time makes loans to and acquires obligations of local governments in Virginia to finance or refinance the costs of wastewater treatment facilities within the meaning of Section 62.1-224 of the Act. The Borrower has requested a loan from the Fund and will evidence its obligation to repay such loan by the Local Bond the Borrower will issue and sell to the Authority, on behalf of the Fund. The Borrower will use the proceeds of the sale of the Local Bond to the Authority to finance that portion of the Project Costs not being paid from other sources, all as further set forth in the Project Budget. ARTICLE I DEFINITIONS Section 1.1. Definitions. The capitalized terms contained in this Agreement and not defined above shall have the meanings set forth below unless the context requires otherwise and any capitalized terms not otherwise defined herein shall have the meaning assigned to such terms in the Act: "Additional Payments" means the payments required by Section 6.2. "Agreement" means this Financing Agreement between the Authority and the Borrower, together with any amendments or supplements hereto. "Authorized Representative" means any member, official or employee of the Borrower authorized by resolution, ordinance or other official act of the governing body of the Borrower to perform the act or sign the document in question. "Board" means the State Water Control Board. "Closing Date" means the date of the delivery of the Local Bond to the Authority. "Commitment Letter" shall mean the commitment letter from the Authority to the Borrower dated August 25, 2003, and all extensions and amendments thereto. "Consulting Engineer" means the engineer or the finn of independent consulting engineers of recognized standing and experienced in the field of sanitary engineering and registered to do business in Virginia which is designated by the Borrower fi.om time to time as the Borrower's consulting engineer in accordance with Section 4.5 in a written notice to the Authority. Such individual or finn shall be subject to the reasonable approval of the Authority and may be an employee of the Borrower or an independent engineer or firm of engineers. "Default" means an event or condition the occurrence of which would, with the lapse of time or the giving of notice or both, become an Event of Default. "Department" means the Department of Environmental Quality, created and acting under Chapter 11.1, Title 10.1, of the Code of Virginia, as amended. "Event of Default" shall have the meaning set forth in Section 11.1. "Existing Parity Bonds" means any of the Borrower's bonds, notes or other evidences of indebtedness, as further described on Exhibit F, that on the date of the Local Bond's issuance and delivery were secured by a pledge of Revenues on a parity with the pledge of Revenues securing the Local Bond. "Fiscal Year" means the period of twelve months established by the Borrower as its annual accounting period. "Local Bond" means the bond in substantially the form attached to this Financing Agreement as Exhibit A issued by the Borrower to the Authority pursuant to this Agreement. "Local Bond Proceeds" means the proceeds of the sale of the Local Bond to the Authority pursuant to this Agreement. "Local Resolution" means all resolutions or ordinances adopted by the governing body of the Borrower approving the transactions contemplated by and authorizing the execution and delivery of this Agreement and the execution, issuance and delivery of the Local Bond. "Net Proceeds" means the gross proceeds fi.om any insurance recovery or condemnation award remaining after payment of attorneys' fees and expenses of the Authority and all other expenses incurred in the collection of such gross proceeds. -2- "Net Revenues Available for Debt Service" means the Revenues less amounts necessary to pay Operation and Maintenance Expense. "Operation and Maintenance Expense" means the costs of operating and maintaining the System determined pursuant to generally accepted accounting principles, exclusive of (i) interest on any debt payable from Revenues, (ii) depreciation and any other items not requiring the expenditure of cash, (iii) any amounts expended for capital replacements, repairs and maintenance not recurring annually or reserves therefor, and (iv) reserves for administration, operation and maintenance occmring in the normal course of business. "Opinion of Counsel" means a written opinion of recognized bond counsel, acceptable to the Authority. "Parity Bonds" means bonds, notes or other evidences of indebtedness of the Borrower issued under Section 10.5. "Performance Standards" means the performance standards for the Project as more particularly described in Exhibit G. "Prior Bonds" means any of the Borrower's bonds, notes or other evidences of indebtedness, as further described in Exhibit F, that on the date of the Local Bond's issuance and delivery are secured by a pledge of Revenues all or any portion of which is superior to the pledge of Revenues securing the Local Bond. "Project" means the particular project described in Exhibit B, the costs of the construction, acquisition or equipping of which are to be financed or refinanced in whole or in part with the Local Bond Proceeds. "Project Budget" means the budget for the financing or the refinancing of the Project, a copy of which is attached to this Agreement as Exhibit C, with such changes therein as may be approved in writing by the Authority. "Project Costs" means the costs of the construction, acquisition or equipping of the Project, as further described in the Project Budget, and such other costs as may be approved in writing by the Authority, provided such costs are permitted by the Act. "Revenues" means (i) all rates, fees, rentals, charges, income and money properly allocable to the System in accordance with generally accepted accounting principles or resulting from the Borrower's ownership or operation of the System, excluding customer and other deposits subject to refund until such deposits have become the Borrower's property, (ii) the proceeds of any insurance covering business interruption loss relating to the System, (iii) interest on any money or securities related to the System held by or on behalf of the Borrower, and (iv) any other money from other sources pledged by the Borrower to the payment of its Local Bond. -3- "Subordinate Bonds" means bonds, notes or other evidences of indebtedness of the Borrower secured by a pledge of Revenues expressly made subordinate to the pledge of Revenues to secure the payment of the Local Bond. "System" means all plants, systems, facilities, equipment or property, including but not limited to the Project, owned, operated or maintained by the Borrower and used in connection with the collection or treatment ofwastewater. Section 1.2. Rules of Construction. The following rules shall apply to the construction of this Agreement unless the context requires otherwise: (a) Singular words shall connote the plural number as well as the singular and vice versa. (b) All references in this Agreement to particular Sections or Exhibits are references to Sections or Exhibits of this Agreement unless otherwise indicated. (c) The headings and table of contents as used in this Agreement are solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. ARTICLE II REPRESENTATIONS Section 2.1. Representations by Borrower. The Borrower makes the following representations as the basis for its undertakings under this Agreement: (a) The Borrower is a duly created and validly existing "local government" (as defined in Section 62.1-224 of the Act) of the Commonwealth of Virginia and is vested with the rights and powers conferred upon it by Virginia law. (b) The Borrower has full right, power and authority to (i) adopt the Local Resolution and execute and deliver this Agreement and the other documents related thereto, (ii) issue, sell and deliver its Local Bond to the Authority, (iii) own and operate the System, (iv) construct, acquire or equip the Project (as described in Exhibit B) and finance or refinance the Project Costs by borrowing money for such purpose pursuant to this Agreement and the issuance of its Local Bond, and (v) carry out and consummate all of the transactions contemplated by the Local Resolution, this Agreement and the Local Bond. (c) This Agreement and the Local Bond were duly authorized by the Local Resolution and are in substantially the same form as presented to the governing body of the Borrower at its meeting at which the Local Resolution was adopted. -4- (d) All permits, licenses, registrations, certificates, authorizations and approvals required to have been obtained as of the date of the delivery of this Agreement have been obtained for (i) the Borrower's adoption of the Local Resolution, (ii) the execution and delivery by the Borrower of this Agreement and the Local Bond, (iii) the performance and enforcement of the obligations of the Borrower thereunder, (iv) the acquisition, construction, equipping, occupation, operation and use of the Project, and (v) the operation and use of the System. The Borrower knows of no reason why any such required permits or approvals not obtained as of the date hereof carmot be obtained as needed. (e) This Agreement and the Local Bond have been executed and delivered by duly authorized officials of the Borrower and constitute the legal, valid and binding obligations of the Borrower enforceable against the Borrower in accordance with their terms. (f) There are not pending nor, to the best of the Borrower's knowledge, threatened, any actions, suits, proceedings or investigations of a legal, equitable, regulatory, administrative or legislative nature, in which a judgment, order or resolution may have a materially adverse effect on the Borrower in its business, assets, condition (financial or otherwise), operations or prospects or in its ability to perform its obligations under this Agreement or the Local Bond. (g) There have been no defaults by any contractor or subcontractor under any contract made in connection with the construction or equipping of the Project. (h) No material adverse change has occurred in the financial condition of the Borrower as indicated in the financial statements, applications and other information furnished to the Authority. (i) There is no indebtedness of the Borrower secured by a pledge of Revenues prior to the pledge of Revenues securing the Local Bond. (j) There is no indebtedness of the Borrower secured by a pledge of Revenues on a parity with the pledge of Revenues securing the Local Bond except any Existing Parity Bonds set forth on Exhibit F. (k) No Event of Default or Default has occurred and is continuing. ARTICLE III ISSUANCE AND DELIVERY OF THE LOCAL BOND Section 3.1. Loan to Borrower and Purchase of the Local Bond. The Borrower agrees to borrow from the Authority and the Authority agrees to lend to the Borrower, from the -5- Fund, the principal amount equal to the sum of the principal disbursements made pursuant to Section 4.1, but not to exceed [$17,511,501], for the purposes herein set forth. The Borrower's obligation shall be evidenced by the Local Bond, which shall be in substantially the form of Exhibit A attached hereto and made a part hereof and delivered to the Authority on the Closing Date. The Local Bond shall be in the original principal amount of the loan and shall mature, bear interest and be payable as hereinafter provided. Section 3.2. Conditions Precedent to Purchase of the Local Bond. The Authority shall not be required to make the loan to Borrower and purchase the Local Bond unless the Authority shall have received the following, all in form and substance satisfactory to the Authority: (a) The Local Bond. (b) A certified copy of the Local Resolution. (c) A certificate of appropriate officials of the Borrower as to the matters set forth in Section 2.1 and such other matters as the Authority may reasonably require. (d) (i) If required by the Department, a contract or contracts for the construction, acquisition and/or equipping of the Project which are acceptable to the Department as to form and content, or (ii) the Consulting Engineer's estimate of the total Project Costs to be financed with the Local Bond Proceeds. Such contracts or estimates must be in an amount and otherwise compatible with the financing plan described in the Project Budget. (e) A certificate of the Consulting Engineer to the effect that in the opinion of the Consulting Engineer (i) the project will be a part of the System, (ii) the Local Bond Proceeds and funds available from the other sources specified in the Project Budget will be sufficient to pay the estimated Project Costs, and (iii) during the first two Fiscal Years of the Borrower following completion of the Project, the projected Net Revenues Available for Debt Service will satisfy the rate covenant made by the Borrower in Section 5.1. In providing this certificate, the Consulting Engineer may take into consideration future System rate increases, provided that such rate increases have been duly approved by the governing body of the Borrower and any other person or entity required to give approval for the rate increase to become effective. In addition, the Consulting Engineer may take into consideration additional future revenues to be derived under existing contractual arrangements entered into by the Borrower and from reasonable estimates of growth in the consumer base of the Borrower. (f) A certificate of the Consulting Engineer as to the date the Borrower is expected to complete the acquisition, construction and equipping of the Project. (g) Evidence satisfactory to the Authority that all governmental permits or approvals for the construction portion of the Project required to have been obtained as of the date -6- of the delivery of this Agreement have been obtained and a statement of the Consulting Engineer that he knows of no reason why any future required governmental permits or approvals cannot be obtained as needed. (h) Evidence satisfactory to the Authority that the Borrower has obtained or has made arrangements satisfactory to the Authority to obtain any funds or other financing for the Project as contemplated in the Project Budget. (i) Evidence satisfactory to the Authority that the Borrower has performed and satisfied all of the terms and conditions contained in this Agreement to be performed and satisfied by it as of such date. (j) An Opinion of Counsel, substantially in the form of Exhibit D, addressed to the Fund and the Authority. (k) Evidence satisfactory to the Authority that the Borrower has complied with the insurance provisions set forth in Sections 9.1 and 9.2 hereof. (1) Evidence satisfactory to the Authority that the Borrower owns or has all necessary interests in or access to all real property required to complete the Project in accordance with the Consulting Engineer's certificate referenced in (f) above. (m) Such other documentation, certificates and opinions as the Authority may reasonably require. ARTICLE IV USE OF LOCAL BOND PROCEEDS AND CONSTRUCTION OF PROJECT Section 4.1. Application of Proceeds. (a) The Borrower agrees to apply the Local Bond Proceeds solely and exclusively to the payment, or to the reimbursement of the Borrower for the payment, of Project Costs and further agrees to exhibit to the Department or the Authority receipts, vouchers, statements, bills of sale or other evidence of the actual payment of such Project Costs. The Authority shall disburse money from the Fund to or for the account of the Borrower not more frequently than once each calendar month (unless otherwise agreed by the Authority and the Borrower) upon receipt by the Authority (with a copy to be furnished to the Department) of the following: (1) A requisition (upon which the Authority shall be entitled to rely) signed by an Authorized Representative and containing all information called for by, and otherwise being in the form of, Exhibit E to this Agreement; -7- (2) If any requisition includes an item for payment for labor or to contractors, builders or materialmen, (i) a certificate, signed by the Consulting Engineer, stating that such work was actually performed or such materials, supplies or equipment were actually furnished or installed in or about the construction of the Project; and (ii) a certificate, signed by an Authorized Representative, stating either that such materials, supplies or equipment are not subject to any lien or security interest or that such lien or security interest will be released or discharged upon payment of the requisition. Upon receipt of each such requisition and accompanying certificate or certificates and approval thereof by the Department, the Authority shall disburse Local Bond Proceeds hereunder to or for the account of the Borrower in accordance with such requisition in an amount and to the extent approved by the Department and shall note the date and amount of each such disbursement on a schedule of principal disbursements to be included on the Local Bond. The Authority shall have no obligation to disburse any such Local Bond Proceeds if the Borrower is in default hereunder nor shall the Department have any obligation to approve any requisition if the Borrower is not in compliance with the terms of this Agreement. (b) The Borrower shall comply with all applicable laws of the Commonwealth of Virginia, including but not limited to, the Virginia Public Procurement Act, as amended, regarding the awarding and performance of public construction contracts. Except as may otherwise be approved by the Department, disbursements shall be held at ninety-five percent (95%) of the maximum authorized amount of the Local Bond to ensure satisfactory completion of the Project. Upon receipt from the Borrower of the certificate specified in Section 4.2 and a final requisition detailing all retainages to which the Borrower is then entitled, the Authority, to the extent approved by the Board and subject to the provisions of this Section and Section 4.2, will disburse to or for the account of the Borrower Local Bond Proceeds to the extent of such approval. The Authority shall have no obligation to disburse Local Bond Proceeds in excess of the amount necessary to pay for approved Project Costs. If principal disbursements up to the maximum authorized amount of the Local Bond are not made, principal installments due on the Local Bond shall be reduced in accordance with Section 6.1. Section 4.2. Agreement to Accomplish Project. The Borrower agrees to cause the Project to be acquired, constructed, expanded, renovated or equipped as described in Exhibit B and in accordance with the Project Budget and the plans, specifications and designs prepared by the Consulting Engineer and approved by the Department. The Borrower shall use its best efforts to complete the Project by the date set forth in the certificate provided to the Authority pursuant to Section 3.2(f). All plans, specifications and designs shall be approved by all applicable regulatory agencies. The Borrower agrees to maintain complete and accurate books and records of the Project Costs and permit the Authority and the Department through their duly -8- authorized representatives to inspect such books and records at any reasonable time. The Borrower and the Authority, with the consent of the Department, may amend the description of the Project set forth in Exhibit B. When the Project has been completed, the Borrower shall promptly deliver to the Authority and the Department a certificate signed by an Authorized Representative of the Borrower and by the Consulting Engineer stating (i) that the Project has been completed substantially in accordance with this Section, the plans and specifications as amended from time to time, as approved by the Department, and in substantial compliance with all material applicable laws, ordinances, rules and regulations, (ii) the date of such completion, (iii) that all certificates of occupancy or other material permits necessary for the Project's use, occupancy and operation have been issued or obtained, and (iv) the amount, if any, to be reserved for payment of the Project Costs. Section 4.3. Permits. The Borrower, at its sole cost and expense, shall comply with, and shall obtain all permits, consents and approvals required by local, state or federal laws, ordinances, rules, regulations or requirements in connection with the acquisition, construction, equipping, occupation, operation or use of the Project. The Borrower shall, upon request, promptly furnish to the Authority and the Department copies of all such permits, consents and approvals. The Borrower shall also comply with all lawful program or procedural guidelines or requirements duly promulgated and amended from time to time by the Department in connection with the acquisition, construction, equipping, occupation, operation or use of projects financed from the Fund under the Act, including, but not limited to, those pertaining to the adoption of any requisite sewer use ordinance and compliance with the Performance Standards in the operation of the Project. The Borrower shall also comply in all respects with all applicable federal laws, regulations and other requirements relating to or arising out of or in connection with the Project and the funding thereof from the Fund including, but not limited to, the federal "crosscutting" requirements identified in Schedule A of the Commitment Letter. Where noncompliance with such requirements is determined by the Authority or the Board, the issue shall be referred to the proper Federal authority or agency for consultation or enfomement action. Section 4.4. Construction Contractors. Each construction contractor employed in the accomplishment of the Project shall be required in the construction contract to furnish a performance bond and a payment bond each in an amount equal to one hundred percent (100%) of the particular contract price. Such bonds shall list the Borrower, the Fund, the Authority, the Department and the Board as beneficiaries. Each contractor shall be required to maintain during the construction period covered by the particular construction contract builder's risk insurance, workers' compensation insurance, public liability insurance, property damage insurance and vehicle liability insurance in amounts and on terms satisfactory to the Consulting Engineer. Upon request of the Authority, the Department and the Board, the Borrower shall cause each contractor to furnish evidence of such bonds and insurance to the Authority, the Department or the Board. -9- Section 4.5. Engineering Services. The Borrower shall retain a Consulting Engineer to provide engineering services covering the operation of thc System and the supervision and inspection of the construction of thc Project. The Borrower shall provide written notice to the Authority of the designation of such Consulting Engineer. The Consulting Engineer shall certify to thc Authority and the Department as to the various stages of the completion of thc Project as disbursements of Local Bond Proceeds are requested and shall upon completion of the Project provide to the Authority and the Board the certificates required by Sections 4.1 and 4.2. Section 4.6. Borrower Required to Complete Proiect. If the Local Bond Proceeds are not sufficient to pay in full the cost of the Project, the Borrower will complete the Project at its own expense and shall not be entitled to any reimbursement therefor from the Fund, the Authority, the Department or the Board or any abatement¢ diminution or postponement of the Borrower's payments under the Local Bond or this Agreement. ARTICLE V PLEDGE~ REVENUES AND RATES Section 5.1. Pledge of Revenues. Subject to the Borrower's right to apply Revenues to the payment of Operation and Maintenance Expense, the Revenues are hereby pledged to the Authority, on behalf of the Fund, to secure the payment of the principal of and interest on the Local Bond and the payment and performance of the Borrower's obligations under this Agreement. This pledge shall be valid and binding from and after the execution and delivery of this Agreement. The Revenues, as received by the Borrower, shall immediately be subject to the lien of this pledge without any physical delivery &them or further act. The lien of this pledge of the Revenues is on a parity with the lien of the pledge securing the Existing Parity Bonds. The lien of this pledge shall, subject to the right of the Borrower to apply Revenues to the payment of Operation and Maintenance Expense, have Priority over all other obligations and liabilities of the Borrower, and the lien ofth/s pledge shall be valid and binding against all parties having claims of any kind against the Borrower regardless of whether such parties have notice of this pledge. (a) The Borrower covenants and agrees that it will fix and collect rates, fees and other charges for the use of and for services furnished or to be furnished by the System, and will from time to time revise such rates, fees and other charges so that in each Fiscal Year the Net Revenues Available for Debt Service will equal at least 115% of the amount required during the Fiscal Year to pay the principal of and interest on the Local Bond, the Additional Payments and all other indebtedness of the Borrower payable from Revenues, including without limitation, indebtedness under leases which are treated as capital leases under generally accepted accounting principles. If, for any reason, the Revenues are insufficient to satisfy the foregoing covenant, the Borrower shall within ninety (90) days adjust and increase its rates, fees and other charges or reduce its operation and Maintenance Expense so as to provide sufficient Revenues to satisfy such requirement. - Co) Within one hundred and fifty (150) days atler the close of each Fiscal Year, the Borrower shall deliver to the Authority a certificate of the Consulting Engineer, an independent certified public accountant or other consultant reasonably acceptable to the Authority to the effect that (i) during the preceding Fiscal Year, the Borrower satisfied the rate covenant made by the Borrower in subsection (a) of this Section, or, if not, the amount of the deficiency in Net Revenues Available for Debt Service which existed and the rates, fees and other charges which must be established by the Borrower to cure such deficiency, and (ii) during the Fiscal Year in which the certificate is delivered, the projected Net Revenues Available for Debt Service will satisfy the rate covenant made by the Borrower in subsection (a) of this Section, or, if not, the rates, fees and other charges the Borrower must establish to satisfy such rate covenant. (c) On or before the last day of each Fiscal Year, the Borrower shall review the adequacy of its rates, fees and other charges for the next Fiscal Year, and, if such review indicates the Borrower's rates, fees and other charges are insufficient to satisfy the rate covenant in subsection (a) of this Section, the Borrower shall promptly take appropriate action to increase its rates, fees and other charges or reduce its Operation and Maintenance Expense to cure any deficiency. Section 5.2. Annual Budget. Not less than forty-five (45) days before the commencement of each Fiscal Year, the Borrower shall obtain a report fi.om the Consulting Engineer giving advice and making recommendations as to the proper maintenance, repair, replacement and operation of the System during such Fiscal Year and estimating the cost thereof and as to the rates, fees and other charges which should be established by the Borrower in order to satisfy the rate covenant in subsection (a) of Section 5.1. The Borrower shall furnish a copy of such report to the Authority. Based on such report and such other information as the Borrower deems appropriate, the Borrower shall cause to be prepared a preliminary annual budget for such Fiscal Year setting forth a schedule of the rates, fees and other charges to be imposed by the Borrower, the Revenues estimated to be generated thereby and the expenditures anticipated by the Borrower for operations, maintenance, repairs, replacements, improvements, debt service and other purposes. The Borrower shall submit a copy of such preliminary budget to its governing body and to the Authority not less than fifieen (15) days before the first day of each Fiscal Year. The Borrower agrees before the first day of each Fiscal Year to adopt a budget for such Fiscal Year containing the information required to be included in the preliminary budget. Such budget as approved by the Borrower's governing body is referred to in this Agreement as the Annual Budget. The Borrower may at any time during any Fiscal Year amend the Annual Budget for such Fiscal Year so long as such amendment does not result in a Default. The Borrower shall submit a copy of the Annual Budget and any amendments thereto to the Authority. -11- ARTICLE VI PAYMENTS Section 6.1. Payment of Local Bond. The Local Bond shall be dated the date of its delivery to the Authority and shall bear interest on the disbursed principal balance thereof at thc rate of three and seventy-five one hundredths percent (3.75%) per annum fi.om the date of each disbursement. Interest only on all amounts disbursed under the Local Bond shall be duc and payable on 1, . Commencing 1,200_, and continuing semi- annually thereafter on 1 and 1 in each year, principal and interest due under thc Local Bond shall be payable in equal installments of $ , with a final installment of $ due and payable on 1, 20__, when, if not sooner paid, all amounts duc hereunder and under the Local Bond shall be due and payable in full. Each installment shall be applied first to payment of interest accrued and unpaid to the payment date and then to principal. If principal disbursements up to the maximum authorized amount of the Local Bond arc not made, the principal amount duc on the Local Bond shall not include such undisbursed amount. However, unless the Borrower and the Authority agree otherwise in writing, until all amounts due hereunder and under thc Local Bond shall have been paid in full, less than full disbursumcnt of thc maximum authorized amount of the Local Bond shall not postpone the due date of any semi-annual installment due on the Local Bond, or change the amount of such installment. If any installment of principal or interest on the Local Bond is not paid within ten (10) days after its due date, the Borrower agrees to pay to the Authority a late payment charge in an amount equal to five percent (5.0%) of the overdue installment. Section 6.2. Payment of Additional Payments. In addition to the payments of principal and interest on the Local Bond, the Borrower agrees to pay on demand of the Authority thc following Additional Payments: (1) The costs of the Fund, the Authority, the Department or the Board in connection with the enforcement of this Agreement, including the reasonable fees and expenses of any attorneys used by any of them; and (2) All expenses, including reasonable attorneys' fees, relating to any amendments, waivers, consents or collection or enforcement proceedings pursuant to the provisions hereof. The Borrower agrees to pay interest on any Additional Payments enumerated in (1) or (2) above not received by the Authority within ten (10) days after demand therefor at a rate of five percent (5.0%) ger annum of the overdue installment fi.om its due date until the date it is paid. -12- ARTICLE VII PREPAYMENTS Section 7.1. Prepayment of Local Bond. At its option and after giving at least ten (10) days' written notice to the Authority, the Borrower may prepay the Local Bond at any time, in whole or in part and without penalty. Such written notice shall specify the date on which the Borrower will make such prepayment and whether the Local Bond will be prepaid in full or in part, and if in part, the principal amount to be prepaid. Any such partial prepayment shall be applied against the principal amount outstanding under the Local Bond but shall not postpone the due date of any subsequent payment on the Local Bond, or change the amount of such installment, unless the Borrower and the Authority agree otherwise in writing. ARTICLE VIII OPERATION AND USE OF SYSTEM Section 8.1. Ownership and Operation of Proiect and System. Except as may be otherwise approved by the Authority or permitted by the terms hereof, the Project and the System at all times shall be owned by the Borrower and shall not be operated or controlled by any other entity or person. Section 8.2. Maintenance. At its own cost and expense, the Borrower shall operate the System in a proper, sound and economical manner and in compliance with all legal requirements, shall maintain the System in good repair and operating condition and fi.om time to time shall make all necessary repairs, renewals and replacements. Section 8.3. Additions and Modifications. At its own expense, the Borrower from time to time may make any additions, modifications or improvements to the System which it deems desirable and which do not materially reduce the value of the System or the structural or operational integrity of any part of the System, provided that all such additions, modifications or improvements comply with all applicable federal, state and local laws, rules, regulations, orders, p~'mits, authorizations and requirements. All such renewals, replacements, additions, modifications and improvements shall become part of the System. Section 8.4. Use of System. The Borrower shall comply with all lawful requirements of any governmental authority regarding the System, whether now existing or subsequently enacted, whether foreseen or unforeseen or whether involving any change in governmental policy or requiring structural, operational and other changes to the System, irrespective of the cost of making the same. Section 8.5. Inspection of System and Borrower's Books and Records. The Authority and the Department and their duly authorized representatives and agents shall have - 13- such reasonable rights of access to the System as may be necessary to determine whether the Borrower is in compliance with the requirements of this Agreement and shall have the right at all reasonable times and upon reasonable prior notice to the Borrower to examine and copy the books and records of the Borrower insofar as such books and records relate to the System. Section 8.6. Ownership of Land. The Borrower shall not construct, reconstruct or install any part of the System on lands other than those which the Borrower owns or can acquire title to or a perpetual easement over, in either case sufficient for the Borrower's purposes, unless such part of the System is lawfully located in a public street or highway or is a main, conduit, pipeline, main connection or facility located on land in which the Borrower has acquired a right or interest less than a fee simple or perpetual easement and such lesser right or interest has been approved by written opinion of counsel to the Borrower as sufficient for the Borrower's purposes. Section 8.7. Sale or Encumbrance. No part of the System shall be sold, exchanged, leased, mortgaged, encumbered or otherwise disposed of except as provided in any one of the following subsections, or as may be otherwise consented and agreed to by the Authority in writing: (a) The Borrower may grant easements, licenses or permits across, over or under parts of the System for streets, roads and utilities as will not adversely affect the use of the System; (b) The Borrower may sell or otherwise dispose of property constituting part of the System if it uses the proceeds of such disposition and any other necessary funds to replace such property with property serving the same or a similar function; (c) The Borrower may not lease property constituting part of the System without the written consent of the Authority; and (d) The Borrower may sell or otherwise dispose of property constituting part of the System; provided, however, (i) no such property shall be sold or otherwise disposed of unless there is filed with the Authority a certificate of the Borrower, signed by an Authorized Representative, stating that such property is no longer needed or useful in the operation of the System, and, if the proceeds of such sale or disposition, together with the aggregate value of any other property sold or otherwise disposed of during the Fiscal Year, shall exceed $25,000, there shall also be filed with the Borrower and the Authority a certificate of the Consulting Engineer stating that such property is not necessary or useful to the operation of the System, and (ii) the proceeds to be received from any sale or disposition shall be applied first to cure any default that may exist in the payment of the principal of or interest on the Local Bond, and then to the pro rata prepayment of the Local Bond under Article VII hereof and any Existing Parity Bonds. Section 8.8. Collection of Revenues. The Borrower shall use its best efforts to collect all rates, fees and other charges due to it and shall perfect liens on premises served by the System - 14- for the mount of all delinquent rates, fees and other charges where such action is permitted by law. The Borrower shall, to the full extent permitted by law, discontinue and shut off, or cause to be discontinued and shut off, services and facilities of the System, and use its best efforts to cause to be shut off water service furnished otherwise than through the System, to customers of the System who are delinquent beyond any customary grace periods in the payment of rates, fees and other charges due to the Borrower. Section 8.9. No Free Service. The Borrower shall not permit connections with or any use of the System, or furnish any services afforded by the System, without making a charge therefor based on the Borrower's uniform schedule of rates, fees and charges. Section 8.10. No Comoetine Service. The Borrower shall not provide, grant any franchise to provide or give consent for anyone else to provide, any services which would compete with the System. Section 8.11. Mandatory Connection. The Borrower shall adopt and ~nforce rules and regulations, consistent with applicable laws, requiring the owner, tenant or occupant of each lot or parcel of land which is served or may reasonably be served by the System and upon which lot or parcel a building shall have been constructed for residential, commercial or industrial use, to connect such building to the System; provided, however, such rules and regulations may permit and provide that any such building already in existence at the time the services of the System became available to the applicable lot or parcel may continue to use a private sewage disposal system approved by the applicable board of health or health officer until such approved private sewage disposal system shall cease to be approved or shall require major repairs to continue to be approved, at which time such building shall be required to connect to the System. Section 8.12. Lawful Charges. The Borrower shall pay when due all taxes, fees, assessments, levies and other governmental charges of any kind whatsoever (collectively, the "Governmental Charges") which are (i) assessed, levied or imposed against the System or the Borrower's interest in it, or (ii) incurred in the operation, maintenance, use and occupancy of the System. The Borrower shall pay or cause to be discharged, or shall make adequate provision to pay or discharge, all lawful claims and demands for labor, materials, supplies or other objects which, if unpaid, might by law become a lien upon all or any part of the System or the Revenues (collectively, the "Mechanics' Charges"). The Borrower, however, after giving the Authority ten (10) days' notice of its intention to do so, at its own expense and in its own name, may contest in good faith any Governmental Charges or Mechanics' Charges. If such a contest occurs, the Borrower may permit the same to remain unpaid during the period of the contest and any subsequent appeal unless, in the reasonable opinion of the Authority, such action may impair the lien on Revenues granted by this Agreement, in which event, such Governmental Charges or Mechanics' Charges promptly shall be satisfied or secured by posting with the Authority or an appropriate court a bond in form and amount reasonably satisfactory to the Authority. Upon request, the Borrower shall furnish to the Authority proof of payment of all Governmental Charges and the Mechanics' Charges required to be paid by the Borrower under this Agreement. -15- Section 8.13. Sewer Use Ordinance. Prior to the completion of the Project, the Borrower shall submit to the Department for its review and approval a sewer use ordinance. Following the Department's approval, the Borrower shall adopt such ordinance. This ordinance shall (i) require that new sewers, interceptors and connections to the treatment works be properly designed and constructed in compliance with all applicable regulations, and (ii) prohibit the connection to the wastewater system of any additional extraneous inflow sources. Such ordinance shall also provide that no wastewater introduced into the wastewater treatment system shall contain any pollutant, toxic or hazardous material in an amount or concentration that would (i) threaten the public safety or the physical integrity of the treatment works, (ii) cause the Borrower to violate any of its permit requirements, or (iii) preclude the use of the Borrower of the most cost-effective alternative for sludge management. Section 8.14. Performance Certification. Upon completion of the Project and its commencement of operation (the "Initiation of Operation"), the Borrower shall promptly notify the Department. If the Borrower fails to so notify the Department, the Department may establish such date. During the year after the Initiation of Operation, the Borrower shall retain a Consulting Engineer to assist in the operation of the Project and the training of operating personnel, to revise the Borrower's operation and maintenance manual, as necessary, and to advise the Borrower with respect to meeting the Performance Standards. One year fi.om the Initiation of Operation, the Borrower shall submit to the Department a certificate as to whether the Performance Standards have been met. If the Department concludes that the Performance Standards have not been met, the Borrower shall submit within thirty (30) days of such date a report detailing (i) the reasons for the failure of the Project to meet the Performance Standards, (ii) the Borrower's plan for undertaking any necessary corrective action to cause the Project to meet the Performance Standards, and (iii) a schedule for completing any such corrective action, including the projected date for the submission of a certificate stating that the Performance Standards have been met. The Borrower shall then undertake such corrective action and any other action necessary to meet the Performance Standards. When the Project has met the Performance Standards, the Borrower shall so certify to the Department. For so long as the Performance Standards have not been met, the Borrower shall retain a Consulting Engineer, unless the Department shall agree othe~vise in writing. ARTICLE IX INSURANCE~ DAMAGE AND DESTRUCTION Section 9.1. Insurance. Unless the Authority otherwise agrees in writing, the Borrower continuously shall maintain or cause to be maintained insurance against such risks as are customarily insured against by public bodies operating systems similar in size and character to the System, including, without limitation: (a) Insurance in the amount of the full replacement cost of the System's insurable portions against loss or damage by fire and lightning, with broad form extended -16- coverage endorsements covering damage by windstorm, explosion, aircraft, smoke, sprinkler leakage, vandalism, malicious mischief and such other risks as are normally covered by such endorsements (limited only as may be provided in the standard form of such endorsements at the time in use in Virginia); provided that during the construction of the Project, the Borrower may provide or cause to be provided, in lieu of the insurance in the amount of the full replacement cost of the Project, builders' risk or similar types of insurance in the amount of the full replacement cost thereof. The determination of replacement cost shall be made by a recognized appraiser or insurer selected by the Borrower and reasonably acceptable to the Authority. (b) Comprehensive general liability insurance with a combined single limit of $1,000,000 per year against liability for bodily injury, including death resulting therefrom, and for damage to property, including loss of use thereof, arising out of the ownership, maintenance, operation or use of the System. (c) Unless the Borrower qualifies as a self-insurer under the laws of Virginia, workers' compensation insurance. The Authority shall not have any responsibility or obligation with respect to (i) the procurement or maintenance of insurance or the amounts or the provisions with respect to policies of insurance, or (ii) the application of the proceeds of insurance. The Borrower shall provide no less often than annually and upon the written request of the Authority a certificate or certificates of the respective insurers evidencing the fact that the insurance required by this Section is in force and effect. Section 9.2. Requirements of Policies. All insurance required by Section 9.1 shall be maintained with generally recognized, responsible insurance companies selected by the Borrower and reasonably acceptable to the Authority. Such insurance may be written with deductible amounts comparable to those on similar policies carded with respect to other utility systems of like size and character to the System and shall contain an undertaking by the insurer that such policy shall not be modified adversely to the interests of, or canceled without at least thirty (30) days' prior notice to, the Authority. If any such insurance is not maintained with an insurer licensed to do business in Virginia or placed pursuant to the requirements of the Virginia Surplus Lines Insurance Law (Chapter 48, Title 38.2, Code of Virginia of 1950, as amended) or any successor provision of law, the Borrower shall provide evidence reasonably satisfactory to the Authority that such insurance is enforceable under Virginia law. Section 9.3. Notice of Damage, Destruction and Condemnation. In the case of (i) any damage to or destruction of any material part of the System, (ii) a taking of all or any part of the System or any right therein under the exercise of the power of eminent domain, (iii) any loss of the System because of failure of title, or (iv) the commencement of any proceedings or negotiations which might result in such a taking or loss, the Borrower shall give prompt notice thereof to the Authority describing generally the nature and extent of such damage, destruction, taking, loss, proceedings or negotiations. -17- Section 9.4. Damage and Destruction. If all or any part of the System is destroyed or damaged by fire or other casualty, and the Borrower shall not have exercised its option to prepay in full the Local Bond pursuant to Article VII, the Borrower shall restore promptly the property damaged or destroyed to substantially the same condition as before such damage or destruction, with such alterations and additions as the Borrower may determine and which will not impair the capacity or character &the Syst~nn for the purpose for which it then is being used or is intended to be used. The Borrower may apply so much as may be necessary of the Net Proceeds of insurance received on account of any such damage or destruction to payment of the cost of such restoration, either on completion or as the work progresses. If such Net Proceeds are not sufficient to pay in full the cost of such restoration, the Borrower shall pay so much of the cost as may be in excess of such Net Proceeds. Any balance of such Net Proceeds remaining after payment of the cost of such restoration shall promptly be applied to prepayment of the Local Bond pursuant to Article VII. Section 9.5. Condemnation and Loss of Title. If title to or the temporary use of all or any part of the System shall be taken under thc exercise of the power of eminent domain or lost because of failure of title, and the Borrower shall not have exercised its option to prepay in full the Local Bond pursuant to Article VII, the Borrower shall cause thc Net Proceeds from any such condcmnatinn award or from title insurance to be applied to the rcsturation of the System to substantially its condition before thc exercise of such power of eminent domain or failure of title. If such Net Proceeds are not sufficient to pay in full the cost of such restoration, the Borrower shall pay so much of thc cost as may be in excess of such Net Proceeds. Any balance of such Net Proceeds remaining after payment of the cost of such restoration shall promptly be applied to the prepayment of the Local Bond pursuant to Article VII. ARTICLE X SPECIAL COVENANTS Section 10.1. Maintenance of Existence. The Borrower shall maintain its existence as a "local government" (as defined in the Act) of the Commonwealth of Virginia and, without consent of the Authority and thc Department, shall not dissolve or otherwise dispose of all or substantially all of its assets or consolidate or merge with or into another entity. Notwithstanding the foregoing, thc Borrower may consolidate or merge with or into, or sell or otherwise transfer all or substantially all of its assets to a political subdivision of the Commonwealth of Virginia, and the Borrower thereafter may dissolve, if the surviving, resulting or transferee political subdivision, if other than the Borrower, assumes, in written form acceptable to the Authority and the Department, all of the obligations of the Borrower contained in the Local Bond and this Agreement, and there is furnished to the Authority and the Department an Opinion of Counsel acceptable to thc Authority and the Department, subject only to customary exceptions and qualifications, to the effect that such assumption constitutes the legal, valid and binding -18- obligation of the surviving, resulting or transferee political subdivision enforceable against it in accordance with its terms. Section 10.2. Financial Records and Statements. The Borrower shall maintain proper books of record and account in which proper entries shall be made in accordance with generally accepted government accounting standards, consistently applied, of all its business and affairs related to the System. The Borrower shall have an annual audit of the financial condition of the Borrower (and at the reasonable request of the Authority, of the System) made by an independent certified public accountant, within one hundred and twenty (120) days after the end of each Fiscal Year. The Borrower shall furnish to the Authority copies of such report immediately after it is submitted to the Borrower. Such report shall include statements in reasonable detail, certified by such accountant, reflecting the Borrower's financial position as of the end of such Fiscal Year and the results of the Borrower's operations and changes in the financial position of its funds for the Fiscal Year. The Borrower shall also furnish to the Authority a certificate of such accountant to the effect that, during the course of such accountant's regular examination of the Borrower's financial condition, nothing came to such accountant's attention that would constitute an Event of Default or a Default. Section 10.3. Certificate as to No Default. The Borrower shall deliver to the Authority, within one hundred and twenty (120) days after the close of each Fiscal Year, a certificate signed by an Authorized Representative stating that, during such year and as of the date of such certificate, no event or condition has happened or existed, or is happening or existing, which constitutes an Event of Default or a Default, or if such an event or condition has happened or existed, or is happening or existing, specifying the nature and period of such event or condition and what action the Borrower has taken, is taking or proposes to take to rectify it. Section 10.4. Additional Indebtedness. The Borrower shall not incur any indebtedness or issue any bonds, notes or other evidences of indebtedness secured by a pledge of Revenues, except Subordinate Bonds or Parity Bonds. Section 10.5. Parity Bonds. Provided the Borrower is not in default hereunder, the Borrower may issue bonds, notes or other evidences of indebtedness ("Parity Bonds") ranking on parity with the Local Bond with respect to the pledge of Revenues to (i) pay Project Costs to complete the Project, (ii) pay the cost of improvements, additions, extensions, replacements, equipment or betterments and of any property, rights or easements deemed by the Borrower to be necessary, useful or convenient for the System, (iii) refund some or all of the Local Bond, Parity Bonds, Existing Parity Bonds or Prior Bonds, or (iv) effect some combination of(i), (ii) and (iii); provided in each case the following conditions are satisfied. Except to thc extent otherwise consented and agreed to by the Authority in writing, before any Parity Bonds are issued or delivered, the Borrower shall deliver to the Authority the following: (a) Certified copies of all resolutions and ordinances of the Borrower authorizing the issuance of the Parity Bonds. - 19- (b) A certificate of an appropriate official of the Borrower setting forth the purposes for which the Parity Bonds are to be issued and the manner in which the Borrower will apply the proceeds from the issuance and sale of the Parity Bonds. (c) If the Parity Bonds are authorized for any purpose other than the refunding of the Local Bond, Parity Bonds, Existing Parity Bonds or Prior Bonds, a certificate, in form and substance satisfactory to the Authority, of the Consulting Engineer to the effect that in the opinion of the Consulting Engineer (i) the improvements or property to which the proceeds from the issuance of the Parity Bonds are to be applied will be a part of the System, (ii) the funds available to the Borrower from the issuance of the Parity Bonds and other specified sources will be sufficient to pay the estimated cost of such improvements or property, (iii) the period of time which will be required to complete such improvements or acquire such property, and (iv) (A) the Parity Bond proceeds are necessary to complete the Project, (B) the failure to make such improvements or acquire or construct such property will result in an interruption or reduction of Revenues, or (C) during the first two Fiscal Years following the completion of the improvements or the acquisition of the property, the projected Net Revenues Available for Debt Service will satisfy the rate covenant in Section 5.1. In providing this certificate, the Consulting Engineer may take into consideration future System rate increases, provided that such rate increases have been duly approved by the goveming body of the Borrower and any other person and entity required to give approval for the rate increase to become effective. In addition, the Consulting Engineer may take into consideration additional future revenues of the System to be derived under then existing contractual agreements entered into by the Borrower and from reasonable estimates of growth in the customer base of the Borrower. (d) If the Parity Bonds are authorized solely to refund the Local Bond, Existing Parity Bonds, Parity Bonds or Prior Bonds, either (i) a certificate of an independent certified public accountant satisfactory to the Authority that the refunding Parity Bonds will have annual debt service requirements hi each of the years the Local Bond, Existing Parity Bonds, Parity Bonds or Prior Bonds to be refunded would have been outstanding which are lower than the annual debt service requirements in each such year on the Local Bond, Existing Parity Bonds, Parity Bonds or the Prior Bonds to be refunded, or (ii) a certificate of the Consulting Engineer to the effect that during the first two complete Fiscal Years following the issuance of the refunding Parity Bonds, the projected Net Revenues Available for Debt Service will satisfy the rate covenant in Section 5.1. In providing the certificate described in clause (ii), the Consulting Engineer may take into account the factors described in the last two sentences of subsection (c) of this Section. (e) An Opinion of Counsel satisfactory to the Authority subject to customary exceptions and qualifications, approving the form of the resolution authorizing the issuance of the Parity Bonds and stating that its terms and provisions conform with the requirements of this Agreement and that the certificates and documents delivered to the Authority constitute compliance with the provisions of this Section. Section 10.6. Further Assurances. The Borrower shall to the fullest extent permitted by law pass, make, do, execute, acknowledge and deliver such further resolutions, acts, deeds, - 20 - conveyances, assignments, transfers and assurances as may be necessary or desirable for the better assuring, conveying, granting, assigning and confirming the rights, Revenues and other funds pledged or assigned by this Agreement, or as may be required to carry out the purposes of this Agreement. The Borrower shall at all times, to the fullest extent permitted by law, defend, preserve and protect the pledge of the Revenues and other funds pledged under this Agreement and all rights of the Authority, the Department and the Board under this Agreement against all claims and demands of all persons. Section 10.7. Other Indebtedness. The Borrower agrees to pay when due all amounts required by any other bonded indebtedness and to perform all of its obligations in connection therewith. Section 10.8. Assignment by Borrower. The Borrower may not assign its rights under this Agreement without the prior written consent of the Authority and the Department. If the Borrower desires to assign its rights under this Agreement to another "local government" (as defined in the Act), the Borrower shall give notice of such fact to the Authority and the Department. If the Authority and the Department consent to the proposed assignment, the Borrower may proceed with the proposed assignment, but such assignment shall not become effective until the Authority and the Department are furnished (i) an assumption agreement in form and substance satisfactory to the Authority and the Department by which the assignee agrees to assume all of the Borrower's obligations under the Local Bond and this Agreement, and (ii) an Opinion of Counsel to the assignee, subject to customary exceptions and qualifica- tions, that the assumption agreement, the Local Bond and this Agreement constitute legal, valid and binding obligations of the assignee enforceable against the assignee in accordance with their terms and that the assignment and assumption comply in all respects with the provisions of this Agreement. Notwithstanding the foregoing, the assignment of the rights of the Borrower under the Local Bond and this Agreement or the assumption of the obligations thereunder by the assignee shall in no way be construed as releasing the Borrower's obligations. ARTICLE XI DEFAULTS AND REMEDIES Section 11.1. Events of Default. Each of the following events shall be an "Event of Default": (a) The failure to pay when due any payment of principal or interest due hereunder or to make any other payment required to be made under the Local Bond or this Agreement; (b) The Borrower's failure to perform or observe any of the other covenants, agreements or conditions of the Local Bond or this Agreement and the continuation of such failure for a period of thirty (30) days after the Authority gives the Borrower written notice specifying such failure and requesting that it be cured, unless the Authority shall agree in writing to an extension of such time prior to its expiration; provided, however, if the failure stated in the notice is correctable but cannot be corrected within the applicable period, the Authority will not -21 - unreasonably withhold its consent to an extension of such time if corrective action is instituted by the Borrower within the applicable period and diligently pursued until the Default is corrected; (c) Any warranty, representation or other statement by or on behalf of Borrower contained in this Agreement or in any instrument furnished in compliance with or in reference to this Agreement or in connection with the issuance and sale of the Local Bond is false or misleading in any material respect; (d) The occurrence of a default by the Borrower under the terms of any Subordinate Bonds, Parity Bonds or Existing Parity Bonds and the failure to cure such default or obtain a waiver thereof within any period of time permitted thereunder; (e) An order or decree shall be entered, with the Borrower's consent or acquiescence, appointing a receiver or receivers of the System or any part thereof or of the Revenues thereof, or if such order or decree, having been entered without the Borrower's consent or acquiescence, shall not be vacated, discharged or stayed on appeal within sixty (60) days after the entry thereof; (f) Any proceeding shall be instituted, with the Borrower's consent or acquiescence, for the purpose of effecting a composition between the Borrower and its creditors or for the purpose of adjusting the claims of such creditors, pursuant to any federal or state statute now or hereafter enacted, if the claims of such creditors are under any circumstances payable fi.om Revenues; or (g) Any bankruptcy, insolvency or other similar proceeding shall be instituted by or against the Borrower under any federal or state bankruptcy or insolvency law now or hereinafter in effect and, if instituted against the Borrower, is not dismissed within sixty (60) days after filing. Section 11.2. Notice of Default. The Borrower agrees to give the Authority prompt written notice if any order, decree or proceeding referred to in Section 11.1(e), (f) or (g) is entered or instituted against the Borrower or of the occurrence of any other event or condition which constitutes a Default or an Event of Default immediately upon becoming aware of the existence thereof. Section 11.3. Remedies on Default. Whenever any Event of Default referred to in Section 11.1 shall have happened and be continuing, the Authority shall, in addition to any other remedies provided herein or by law, including rights specified in Section 62.1-228 of the Act, have the right, at its option without any further demand or notice, to take one or both of the following remedial steps: (a) Declare immediately due and payable all payments due or to become due on the Local Bond and under this Agreement, and upon notice to the Borrower, the same shall become immediately due and payable by the Borrower without further notice or demand; and - 22 - (b) Take whatever other action at law or in equity may appear necessary or desirable to collect the payments then due and thereafter to become due on the Local Bond and under this Agreement or to enfome any other of the Fund's, the Authority's, the Department's or the Board's rights under this Agreement or to enforce performance by the Borrower of its covenants, agreements or undertakings contained herein or in the Local Bond. Section 11.4. Delay and Waiver. No delay or omission to exercise any right or power accruing upon any Default or Event of Default shall impair any such right or power or shall be construed to be a waiver of any such Default or Event of Default or acquiescence therein, and every such right or power may be exercised from time to time and as often as may be deemed expedient. No waiver of any Default or Event of Default under this Agreement shall extend to or shall affect any subsequent Default or Event of Default or shall impair any rights or remedies consequent thereto. ARTICLE XII MISCELLANEOUS Section 12.1. Successors and Assigns. This Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. Section 12.2. Amendments. The Authority and the Borrower, with the written consent of the Department, shall have the right to amend from time to time any &the terms and conditions of this Agreement, provided that all amendments shall be in writing and shall be signed by or on behalf of the Authority and the Borrower. Section 12.3. Liability of Officials~ etc. In the absence of fraud, no present or future director, official, officer, employee or agent of the Borrower shall be liable personally in respect of this Agreement or the Local Bond or for any other action taken by such individual pursuant to or in connection with the financing provided for in this Agreement or the Local Bond. Section 12.4. Applicable Law. This Agreement shall be governed by the applicable laws of Virginia. Section 12.5. Severability. If any clause, provision or section of this Agreement shall be held illegal or invalid by any court, the illegality or invalidity of such clause, provision or Section shall not affect the remainder of this Agreement which shall be construed and enfomed as if such illegal or invalid clause, provision or section had not been contained in this Agreement. If any agreement or obligation contained in this Agreement is held to be in violation of law, then such agreement or obligation shall be deemed to be the agreement or obligation of the Authority and the Borrower, as the case may be, only to the extent permitted by law. - 23 - Section 12.6. Notices. Unless otherwise provided for herein, all demands, notices, approvals, consents, requests, opinions and other communications under the Local Bond or this Agreement shall be in writing and shall be deemed to have been given when delivered in person or mailed by first class registered or certified mail, postage prepaid, addressed as follows: Fund: Authority: Department and Board: Borrower: Virginia Water Facilities Revolving Fund c/o Virginia Resources Authority 707 East Main Street, Suite 1350 Richmond, VA 23219 Attention: Executive Director Virginia Resources Authority 707 East Main Street, Suite 1350 Richmond, VA 23219 Attention: Executive Director State Water Con~'ol Board Department of Environmental Quality P. O. Box 10009 Richmond, VA 23240-0009 Attention: Executive Director City of Roanoke, Virginia 215 Church Avenue, S.W. Roanoke, Virginia 24011 Attention: City Manager A duplicate copy of each demand, notice, approval, consent, request, opinion or other communication given by any party named in this Section shall also be given to each of the other parties named. The Authority, the Department, the Board and the Borrower may designate, by notice given hereunder, any further or different addresses to which subsequent demands, notices, approvals, consents, requests, opinions or other communications shall be sent or persons to whose attention the same shall be directed. Section 12.7. Right to Cure Default. If the Borrower shall fail to make any payment or to perform any act required by it under the Local Bond or this Agreement, the Authority without prior notice to or demand upon the Borrower and without waiving or releasing any obligation or default, may (but shall be under no obligation to) make such payment or perform such act. All amounts so paid by the Authority and all costs, fees and expenses so incurred shall be payable by the Borrower as an additional obligation under this Agreement, together with interest thereon at the rate of interest of five percent (5.0%) per annum until paid. The Borrower's obligation under this Section shall survive the payment of the Local Bond. Section 12.8. Headings. The headings of the several articles and sections of this Agreement are inserted for convenience only and do not comprise a part of this Agreement. - 24 - Section 12.9. Term of Agreement. This Agreement shall be effective upon its execution and delivery, provided that the Local Bond shall have been previously or simultaneously executed and delivered. Except as otherwise specified, the Borrower's obligations under the Local Bond and this Agreement shall expire upon payment in full of the Local Bond and all other amounts payable by the Borrower under this Agreement. Section 12.10. Commitment Letter. The Commitment Letter is an integral part of this Agreement and shall survive closing hereunder. Section 12.11. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original and all of which together shall constitute but one and the same instrument. [Signature Page Follows] - 25 - WITNESS the following signatures, all duly authorized. VIRGINIA RESOURCES AUTHORITY By: Darrell V. Hill Executive Director CITY OF ROANOKE, VIRGINIA By: Its: - 26 - EXHH/IT A FORM OF LOCAL BOND CITY OF ROANOKE, VIRGINIA C-515294-02 [Interest on this Bond is included in the gross income of the registered owner hereof for federal income tax purposes.] R-1 $ __,2003 UNITED STATES OF AMERICA COMMONVqEALTH OF VIRGINIA CITY OF ROANOKE SEWER REVENUE BOND, SERIES 2003B (VIRGINIA WATER FACILITIES REVOLVING FUND) The City of Roanoke, a political subdivision of the Commonwealth of Virginia (the "Borrower"), acknowledges itself indebted and for value received promises to pay as a revenue obligation of the Borrower to the Virginia Resources Authority (the "Authority"), as administrator of the Virginia Water Facilities Revolving Fund, Richmond, Virginia, or registered assigns or legal representatives (the "Fund"), the principal sum equal to the sum of the principal advances shown on the Schedule of Principal Advances below, but not to exceed Dollars ($ ), together with interest on the unpaid principal from the date of each advance made and noted on the Schedule of Principal Advances at the rate of per centum ( %) per year. Interest only on all amounts disbursed hereunder shall be due and payable on 1 200 . Commencing on 1,200_ and continuing semiannually thereafter on ~ and on 1 in each year, principal and interest due hereunder shall be payable in equal installments of $ ~ with a final installment of $ due and payable on 1, 202_. Such semiannual installments shall continue, unless all amounts due hereunder are sooner paid, until 1, 202~ when all amounts due hereunder shall be due and payable in full. If principal disbursements up to the maximum authorized amount hereof are not made, the principal amount due hereunder shall not include such undisbursed amount. However, unless the Borrower and the Authority agree otherwise in writing, until all amounts due hereunder shall have been paid in full, less than full disbursement of the maximum authorized amount of this Local Bond shall not postpone the due date of any semiannual installment due hereunder, or change the amount of such installment. Principal of and interest on this Bond are payable in lawful money of the United States of America. Payments shall be made by check mailed to the registered owner at its address as it appears on the registration books kept for that purpose by the Director of Finance, who has A-1 433184.1 026500 EXH been appointed Registrar and Paying Agent, on the 15th day of the month preceding the payment date. No notation is required to be made on this Bond of any payment or prepayment of principal. THEREFORE, THE FACE AMOUNT OF THIS BOND MAY EXCEED THE PRINCIPAL SUM REMAINING OUTSTANDING AND DUE HEREUNDER. This Bond has been authorized under a resolution adopted by the Borrower's City Council on September 15, 2003 (the "Resolution"), and is issued pursuant to such Resolution, the Constitution and statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act of 1991, and a Financing Agreement, dated as of 1, 2003 (the "Financing Agreement"), by and between the Borrower and the Authority, as administrator of the Fund, to pay the cost of capital improvements to the sewer system of the Borrower, a revenue-producing undertaking of the Borrower, such capital improvements constituting wastewater treatment facilities within the meaning of Title 62.1, Chapter 22, Section 62.1-224 of the Code of Virginia, 1950. The Borrower has covenanted in the Resolution with and for the benefit of the registered owners of the Bonds of the issue of which this Bond is one that so long as any Bond shall remain outstanding the rates, rents, fees or other charges for the services and facilities furnished by, or for the use of, or in connection with the revenue-producing undertaking of the Borrower consisting of the sewer system of the Borrower shall be fixed and maintained at the level that will produce sufficient revenue in each year to pay the cost of operation and administration of such sewer system, the cost of insurance against loss by injury to persons or property and the principal of and interest on the Bonds of the issue of which this Bond is one when due and payable, and to provide reserves for such purposes. Under the provisions of the Financing Agreement, (i) subject to the Borrower's right to apply Revenues (as defined in the Financing Agreement) to the payment of Operation and Maintenance Expense (as defined in the Financing Agreement), the Revenues are pledged to the Authority, on behalf of the Fund, as registered owner of the Bonds of the issue of which this Bond is one, to secure the payment of the principal of and interest on the Bonds of the issue of which this Bond is one and the payment and performance of the Borrower's obligations under the Financing Agreement, such pledge to be valid and binding from and after the execution and delivery of the Financing Agreement, (ii) the Revenues, as received by the Borrower, shall immediately he subject to the lien of such pledge without any further delivery of them or further act and (iii) the lien of such pledge shall, subject to the right of the Borrower to apply Revenues to the payment of Operation and Maintenance Expense, have priority over all other obligations and liabilities of the Borrower payable from the Revenues, and shall be valid and binding against all parties having claims of any kind against the Borrower payable from the Revenues regardless of whether such parties have notice of such pledge. The lien of such pledge of the Revenues is on a parity with the lien of the pledge securing the Borrower's "Existing Parity Bonds" set forth at Appendix F to the Financing Agreement. The Bonds of the issue of Bonds of which this Bond is one shall not be deemed to constitute full faith and credit obligations of the Borrower for which there is a right to compel the exercise of the ad valorem taxing power of the Borrower. A-2 433184.1 026500 EXH Reference is made to the Resolution and the Financing Agreement and all amendments and supplements to them for a description of the provisions, among others, with respect to the nature and extent of the security for this Bond, the Borrower's rights, duties and obligations, the rights of the registered owner of this Bond and the terms upon which this Bond is issued and secured. This Bond is subject to prepayment to the extent and under the terms set forth in the Financing Agreement. This Bond is issued as a registered bond and may be transferred only in accordance with the provisions with respect thereto as provided in the Financing Agreement and the Resolution. This Bond may be exchanged without cost at the office of the Registrar for Bonds in printed form in denominations of $5,000 and integral multiples thereof (except that one Bond for each payment date may be issued in an odd denomination of not less than $5,000) in an aggregate principal amount equal to the unpaid principal of this Bond. If an Event of Default, as defined in the Financing Agreement, occurs and is continuing, the principal of this Bond may be declared immediately due and payable by the registered owner by written notice to the Borrower. Notwithstanding anything in this Bond to the contrary, in addition to the payments of debt service provided for by this Bond, the Borrower shall also pay such additional amounts, if any, which may be necessary to provide for payment in full of all amounts due under the Financing Agreement, including late payment charges equal to 5.0% of any payment received by the registered owner of this Bond more than 10 days from its due date. All acts, conditions and things required by the Constitution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed, and this Bond, together with all other indebtedness of the Borrower, is within every debt and other limitation prescribed by the Constitution and statutes of the Commonwealth of Virginia. A-3 433184.1 026500 EXH IN WITNESS WHEREOF, the Borrower has caused this Bond to be signed by the manual signatures of its Mayor and City Treasurer, its corporate seal to be imprinted or printed on it and attested by the manual signature of its City Clerk, and this Bond to be dated the date first set forth above. CITY OF ROANOKE, VIRGINIA [SEAL] ATTEST: By: Mayor By: City Treasurer By: City Clerk A-4 433184.1 026500 EXH ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (Please print or type name and address, including postal zip code of Transferee) PLEASE iNSERT SOCIAL SECURITY OR OTI-~R IDENTIFYING NUMBER OF TRANSFEREE: the within-mentioned Bond and hereby irrevocably constitutes and appoints , agent, to transfer the same on the books of registry in the office of registrar with full power of substitution in the premises. Dated: NOTICE: Signature(s) must be guaranteed by a member firm of The New York Stock Exchange, Inc. or a commercial bank or trust company (Signature of Registered Owner) NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the front of this Bond in every particular, without alteration, enlargement or any change whatsoever. A-5 433184.1 026500 EXH SCHEDULE OF PRINCIPAL ADVANCES The amount and date of principal advances, not to exceed the face amount hereof, shall be entered hereon by the authorized representative of the Authority when the proceeds of each such principal advance are delivered to the Borrower. Amount Date Authorized Signature $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ A-6 433184.1 026500 EXH ~XH£BIT B PROJECT DESCRIPTION CITY OF ROANOKE, VIRGINIA C-515294-02 Please include a description of Treatment units, capacities of treatment works, sizes and respective lengths of sewer line, new service being provided, system upgrade and/or expansion, Rehabilitation etc. Describe the need for the proposed project. Needs should be in areas of restoring, protecting or preventinq pollution in State waters. Reference and attach all pertinent documentation, i.e.: noncompliance letters from regulatory agencies, Consent or Special Orders, documentation of public health concerns, etc. The City of Roanoke Water Pollution Control Plant has entered into a Special Order by Consent (SOC) with the State Water Control Board. The SOC primarily addresses overflows from the facility which occurred due to wet weather conditions. In order to satisfy the order, the City and its partnering jurisdictions are proposing a significant capital improvement project which will position the Facility to better address wet weather flows. Documentation of the activities a nd discussions between the Virginia Department of Health and the Department of Environmental Quality are attached. The following areas are proposed within the planned improvements to the Water Pollution Control Plant: New Headworks facility. Influent pump station to receive and pump raw wastewater flows with a firm hydraulic and treatment capacity of 130 Million Gallons Per Day (MGD). The pump station shall be designed to accommodate a range of flow conditions, based upon the operating history of the facility including diurnal and wet weather flows. The pump station, as designed, shall further be capable of handling large debds with minimal labor requirements. The facility shall be designed to permit a future expansion of hydraulic and treatment capacity to 170 MGD with minimal additional construction. Currently, the pumps selected for the headworks are screw pumps, however, the Consultant shall evaluate the feasibility of using screw pumps and other pump types for this application and recommend the best selection for this application. Four channel installed fine filter type screens (1/4" screen opening) capable of handling the peak flow with one unit out of service. The screen channels shall include appropriate equipment to allow for convenient isolation and dewatering of individual screens/channels. Design of a bypass screen channel to include 3~4" coarse screen with an automated cleaning system (climber screen or other similar recommendations). The bypass channel shall include a high level alarm and sluice gates to isolate the channel during normal flow conditions. The improvements shall include either screenings washer or compactor units to dewater screenings and grit from the wastewater and discharge to dumpsters for disposal. The washer or compactor units shall have sufficient redundancy to maintain operations in the event of an equipment failure. Parshall flume(s) shall be included for purposes of flow measurement. Three vortex grit removal units. The grit removal units shall either be 20' or 24' in diameter. The consultant shall prepare evaluations of the costJbenefit relationship of both size options. The grit facility capacity and performance criteria shall be determined based upon the size units selected by the Owner. Three new primary clarifiers with sludge and grit pumping improvements. The design shall allow for acceptable flow splitting between all existing and planned primary clarifiers. Flow distribution will provide proportional flow and solids distribution over the full range of operating conditions. The facility will minimize scum and solids build up in the channels and permit the materials to move freely to a scum collection system. A scum collection system, with an emphasis on efficient grease removal, shall be included in the design for primary clarifiers #4 through #9. An appropriate primary solids pumping arrangement for the existing primary clarifiers ~N through #6 and new clarifiers #7 through #9 shall be included. VRLF Loan Application Page 2 of 2 New Biological Aerated Filter/Flow Equalization Basin (BAF/FEB) pumping station. Evaluate and recommend sizing for the new BAF/FEB pump station. Design new pump station to receive primary effluent and secondary clarifier effluent for pumping to the flow equalization basin and the biological aerated filter. If feasible, means will be provided to permit a gravity flow to the equalization basins. Gravity Thickeners and primary thickened sludge supply lines. Design improvements to the primary thickened sludge supply lines to allow for adequate capacity to convey primary thickened sludge to the gravity thickeners as well as necessary structures to permit diversion of primary sludge directly to the digesters. Design improvements to the gravity thickeners to include new influent flow distribution and a new thickened sludge pump station. Provide capability to receive make-up water from multiple sources. Secondary clarifiers (first stage aeration clarifiers) and nitrification clarifiers. Verify existing weir elevations and specify work to complete the leveling of all weirs. Evaluate benefits and recommend the possibility of blocking off the V-notch weirs in the corners of the clarifiers in proportion to basin flow geometry. Evaluate benefits and recommend the possibility of blocking the outer V-notch weirs on the inboard launder. Provide specifications for work to block weirs as appropriate. Design replacement return activated sludge (RAS) pumping systems and associated piping to provide for positive sludge blanket control for individual clarifiers. Coagulation Sludge pumping improvements. Modifications will be made to the existing sludge withdrawal system to provide positive blanket control in the coagulations tanks. Flocculation tanks. Replacement of flocculation/mixing equipment in the existing tanks in order to improve unit efficiencies. Anaerobic digester improvements. Provide inspection and design structural repair for digester No. 1. Design new heating loop for digester No. 4. These projects will serve to correct deficiencies which limit treatment capacity at higher flows. Improvements to add redundancy to digester heating will also be included in this project. Dissolved Air Flotation (DAF) Thickening Facility. Replacement of the current air entrainment system will occur in combination with re-use of process make-up water which will reduce the recycle loadings on the plant. New bulk storage and chemical delivery systems for the ferric chloride feed system at the Rapid Mix treatment area of the Plant. Relocation of existing ferrous chloride storage and feed equipment to allow dosing prior to pdmary clarification. Tertiary filter improvements. Evaluate the replacement of the existing media with monomedia for enhanced performance. Design new filter air backwash system, new underdrains, and media for filters #1 through #8. Modify valve operators for filters #9 and #10 to improve backwash cycle times. Construction of a backwash storage tank pumping facility. Disinfection facilities. New hypochlorite/bisulfite disinfection system for disinfection of all treated effluent. An acceptable final effluent sampling system shall be included in the construction. Appropriate'post aeration facilities shall be included in the design to meet the VPDES requirements on dissolved oxygen. Effluent pump station. An effluent pump station to pump treated effluent from the Roanoke WPCP to the Roanoke River under flood conditions and allow gravity discharge under normal river conditions will be provided. Instrumentation. Design instrumentation and plant-wide control system (System Control and Data Acquisition- SCADA) to provide uniform hardware and software platforms throughout the facility. Provide laboratory information and reporting capabilities. Provide data interface to existing software packages. Electrical systems. Associated electrical distribution structures and improvements will be provided as necessary to support existing facility and expanded facilities. VRLF Loan Apl:)lication Page 3 of 3 Associated building work to include necessary building rehabilitations such as roof replacements, the addition of space for maintenance activities, and remodeling of space for administration and operations. EXHIBIT C PROJECT BUDGET CITY OF ROANOKE, VIRGINIA C-515294-02 [To be provided by State Department of Environmental Quality prior to loan closing.] EXHIBIT D OPINION OF BORROWER'S BOND COUNSEL CITY OF ROANOKE, VIRGINIA C-515294-02 2003 Council of the City of Roanoke, Virginia Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Virginia Resources Authority, As Administrator of the Virginia Water Facilities Revolving Fund 707 East Main Street, Suite 1350 Richmond, Virginia 23219 Ladies and Gentlemen: CITY OF ROANOKE, VIRGINIA, SEWER REVENUE BONDS, SERIES 2003B (VBRGINIA WATER FACILITIES REVOLVING FUND) $ At the request of the City of Roanoke, Virginia (the "City") we have examined into the validity of an issue of Dollars ($ ) principal amount of Sewer Revenue Bonds, Series 2003B (the "Bonds"), of the City of Roanoke, Virginia (the "City"). The Bonds are being issued as a single Bond in fully registered form numbered No. R-1 in an amount equal to the aggregate principal amount of the Bonds. The Bonds are dated , 2003 and mature in semiannual installments of principal on 1, 200 and on each 1 thereafter to and including 1,202_ and bear interest payable on 1, 200_ and semiannually on each 1 and 1 thereafter to and including 1,202_ at the rate of per centum (__%) per annum. The Bonds recite that they are issued under a resolution adopted by the City Council of the City on September 15, 2003 (the "Resolution") and pursuant to such Resolution, the Constitution and statutes of the Commonwealth of Virginia, including Chapter 26 of Title 15.2 of the Code of Virginia, 1950 (the same being the Public Finance Act of 1991), and a Financing Agreement, dated as of __, 2003 (the "Financing Agreement"), by and between the City and the Virginia Resources Authority (the "Authority"), as administrator of the Virginia Water Facilities Revolving Fund (the "Fund"), to finance, together with other available funds, the costs of capital improvements to the sewer system of the City, a revenue-producing D-1 433191.1 026500 EXH undertaking of the City, such capital improvements constituting wastewater treatment facilities within the meaning of Title 62.1, Chapter 22, Section 62.1-224 of the Code of Virginia, 1950. The Bonds recite that the City has covenanted in the Resolution with and for the benefit of the registered owners of the Bonds that so long as any Bond shall remain outstanding the rates, rents, fees or other charges for the services and facilities furnished by, or for the use of, or in connection with the revenue-producing undertaking of the City consisting of the sewer system of the City shall be fixed and maintained at the level that will produce sufficient revenue in each year to pay the cost of operation and administration of such sewer system, the cost of insurance against loss by injury to persons or property and the principal of and interest on the Bonds when due and payable, and to provide reserves for such purposes. The Bonds further recite that, under the provisions of the Financing Agreement, (i) subject to the City's right to apply Revenues (as defined in the Financing Agreement) to the payment of Operation and Maintenance Expense (as defined in the Financing Agreement), the Revenues are pledged to the Authority, on behalf of the Fund, as registered owner of the Bonds, to secure the payment of the principal of and interest on the Bonds and the payment and performance of the City's obligations under the Financing Agreement, such pledge to be valid and binding from and after the execution and delivery of the Financing Agreement, (ii) the Revenues, as received by the City, shall immediately be subject to the lien of such pledge without any further delivery of them or further act and (iii) the lien of such pledge shall, subject to the right of the City to apply Revenues to the payment of Operation and Maintenance Expense, have priority over all other obligations and liabilities of the City payable from the Revenues, and shall be valid and binding against all parties having claims of any kind against the City payable from the Revenues regardless of whether such parties have notice of such pledge. The Bonds further recite that they are secured on a parity basis with the City's "Existing Parity Bonds" set forth at Appendix F to the Financing Agreement. We have examined (i) the Constitution and statutes of the Commonwealth of Virginia, (ii) the Charter of the City, (iii) certified copies of the aforementioned Resolution and other proceedings of the Council of the City in connection with the authorization, issuance, sale and delivery of the Bonds, (iv) an executed original of the Financing Agreement, (v) such other papers, instruments, documents and proceedings as we have deemed to be necessary or advisable and (vi) a specimen Bond of such issue. In our opinion, (1) The Resolution has been duly and lawfully adopted by the City Council of the City, is in full force and effect and is binding upon, and enforceable against the City in accordance with its terms. (2) The Resolution creates the valid pledge it purports to create of the revenues of the sewer system of the City pledged to the payment of the principal of and interest on the Bonds. (3) The Bonds have been duly authorized and issued in accordance with the Constitution and statutes of the Commonwealth of Virginia and the Charter of the City and constitute valid and legally binding obligations of the City, and are secured solely by and payable D-2 433191.1 026500 EXH solely from the revenues of the sewer system of the City, which have been irrevocably pledged to the punctual payment of the principal of and interest on the Bonds as the same become due and payable, subject to the provisions of the Resolution and the Financing Agreement. We are further of the opinion that the Financing Agreement has duly authorized, executed and delivered by the City and, assuming the due authorization, execution and delivery thereof by the Authority, constitutes a legal and binding obligation of the City enforceable in accordance with its terms. It is to be understood that the obligations of the City under the Bonds and the Financing Agreement and the enforceability of the Bonds and the Financing Agreement may be subject to judicial discretion, to the exercise of the sovereign police powers of the Commonwealth of Virginia and the constitutional powers of the United States of America and to valid bankruptcy, insolvency, reorganization, moratorium and other laws affecting the relief of debtors. Very truly yours, D-3 433191.1 0265~EXH EXHIBIT E FORM OF REQUISITION CITY OF ROANOKE, VIRGINIA C-515294-02 [LETTERHEAD OF BORROWER] [Date] Donald W. Wampler, Program Manager Construction Assistance Program Office of Water Resources Management Department of Environmental Quality P. O. Box 10009 Richmond, Virginia 23240-0009 Re: City of Roanoke, Virginia Loan No. C-515294-02 Dear Mr. Wampler: This requisition, Number __., is submitted in connection with the Financing Agreement dated as of 1, 2003 (the "Financing Agreement"), between the Virginia Resources Authority, as Administrator of the Virginia Water Facilities Revolving Fund, also known as the Virginia Revolving Loan Fund (the "Fund"), and the City of Roanoke, Virginia (the "Borrower"). Unless otherwise defined in this requisition, all capitalized terms used herein shall have the meaning set forth in Article I of the Financing Agreement. The undersigned Authorized Representative of the Borrower hereby requests disbursement of loan proceeds under the Financing Agreement in the amount orS , for the purposes of payment of the Project Costs as set forth in Schedule 1 attached hereto. Attached hereto are invoices relating to the items for which payment is requested. The undersigned certifies that (a) the amounts requested by the requisition will be applied solely and exclusively to the payment, or to the reimbursement of the Borrower for the payment, of Project Costs, and (b) any materials, supplies or equipment covered by this requisition are not subject to any lien or security interest or such lien or security interest will be released upon payment of the requisition. This requisition includes an accompanying Certificate of the Consulting Engineer as to the performance of the work. Very truly yours, By: Its: Attachments cc: DEQ Regional Engineer (with all attachments) CERTIFICATE OF THE CONSULTING ENGINEER FORM TO ACCOMPANY REQUEST FOR DISBURSEMENT This Certificate is being executed and delivered in connection with Requisition Number dated ., 20__, submitted by the City of Roanoke, Virginia (the "Borrower"), pursuant to the Financing Agreement dated as of 1, 2003 (the "Financing Agreement") between the Virginia Resources Authority and the Borrower. Capitalized terms used herein shall have the same meanings set forth in Article I of the Financing Agreement. The undersigned Consulting Engineer for the Borrower hereby certifies to the Virginia Resources Authority, as Administrator of the Virginia Water Facilities Revolving Fund, that, insofar as the amounts covered by this Requisition include payments for labor or to contractors, builders or materialmen, such work was actually performed or such materials, supplies or equipment were actually furnished to or installed in the construction portion of the Project. [Consulting Engineer] By: Date: Prior Bonds: None. Existi~: None. EXHIBIT F EXISTING PARITY BONDS CITY OF ROANOKE, VIRGINIA C-515294-02 EXHIBIT G PERFORMANCE STANDARDS CITY OF ROANOKE, VIRGINIA C-515294-02 PARAMETER BOD concentration (mg/l) TSS concentration (mg/1) Phosphorous concentration (mg/1) April- September TKN concentration (mg/1) October-March TKN concentration (mg/1) Total Residual Chlorine concentration (ug/1) Fecal Coliform ('N/100 ml as a Geometric Mean) LIMITATIONS Monthly Weekly Average Maximum 5.0 7.5 2.5 5.0 0.2 0.3 2.0 3.0 4.0 5.0 2.8 3.4 200.0 NA Daily Minimum Dissolved Oxygen 6.0 mg/1 CITY OF ROANOKE OFFICE OF CITY ATTORNEY INTERDEPARTMENTAL COMMUNICATION DATE: September 30, 2003 TO: FROM: Jesse A. Hall, Deputy Director of Finance Mary F. Parker, City Clerk Fran Fulford, Legal Secretary, Office of City Attorney-ffg/f Invoice for publication of notice of public hearing on sewer revenue bonds and affidavit of publisher Jesse, at Bill's suggestion, I am sending you the invoice for payment from The Roanoke Times for publication of the notice of public hearing on the sewer revenue bonds which ran on September 2 and 9, 2003. Inasmuch as the invoice and publisher's certificate on bond matters generally are mailed to the City Clerk's Office, I am sending the Publisher's Affidavit to Ms. Parker. It is the original and will need to go with the other transcript docurmnts being prepared for the closing. Thanks for your assistance in placing the invoice in line for paynent. /ff Attachment Telephone: (212) 820-9438 Toll Free: (800) 742-4321 Telecopier: (212) 820-9651 e-mail address: dggurney~hdw.com September 24, 2003 William M. Hackworth, Esq. City Attorney Noel C. Taylor Municipal Building, Room 464 215 Church Street, S.W. Roanoke, Virginia 24011 CITY OF ROANOKE, VmGIN~ SEWER REVENUE BONDS, SERIES 2003B (VIRGINIA WATER FACILiThES REVOLVING FLrND), $_ Enclosed is a statement and original affidavit of publication received from The Roanoke Times relating to the publication on September 2, 2003 and September 9, 2003 of the notice of public hearing relating to the public hearing held on September 15, 2003. Please forward the statement to the appropriate party for payment. I made a photocopy of the affidavit of publication for our files. Please call or e-mail me if you have any questions relating to the foregoing. With best regards, DGG:ao Enclosures Very truly yours, Donald G. Crurney 434359.1026500 LTR 285.20I 702963 I Due Upon Receipt 09/10/03 80107262 9/1--S O--B O HAWKINIS, DELAFIED & WOOD ATTN: DONALD G GURN 67 WALL ST FL 11 NEW YORK NY 10005-3127 THE ROANOKE TIMES PO BOX 1951 ROANOKE VA 24008-1951 TO PAY BY CREDIT CARD: AMOUNT EXP DATE CARD # SIGNATURE AMOUNT ENCLOSED $ PLEASE DETACH AND RETURN UPPER PORTION WITH YOUR REMITTANCE The Roanoke Times (540) 981-3271 Contract debt lx62L 1 .00 0010 02203658 62L Contract debt lx62L 1 142.60 0010 02203658 62L Contract debt lx62L 1 .00 0010 02203658 62L Contract debt lx62L 1 142.60 0010 02203658 62L 285.20 * Unapplied amounts are included in total amount due 702963 )9/04/03 09/10/03 B0107262 DELAFIED The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times HAWKINIS, DELAFIED & WOOD 67 WALL STREET, llTH FLOOR ATTN: DONALD G. GURN NEW YORK NY 10005 REFERENCE: 80107262 02203658 Contract debt City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of V~ginia. Sworn and subscribed before me this _~_.~_~__day of September 2003. Witness my hand and official seal. My commissi;~' ;xpi~ __Z~--~._~_ ....... - PUBLISHED ON: 09/02 09/09 TOTAL COST: 285.20 FILED ON: 09/10/03 Authorized / Signat ure :----/~4~-~ ~--~--~,/~.~~, 456, 215 Chufl~ A'~wntm, S.W.; Billing Services Representative CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk September 22, 2003 File #60-270 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 36498-091503 amending and reordaining certain sections of the 2003-2004 Water Pollution Control Fund Appropriations, to provide for an adjustment to the City of Roanoke Fiscal Year 2003-04 Budget, in connection with appropriation of funds for the Capital Maintenance and Equipment Replacement Program (CMERP). The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 15, 2003. Mary F. Parker, CMC City Clerk MFP:ew Attachment Jesse A. Hall September 22, 2003 Page 2 pc: Darlene L. Burcham, City Manager Barry L. Key, Director, Office of Management and Budget Sherman M. Stovall, Budget Administrator, Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of September, 2003. No. 36498-091503. AN ORDINANCE to amend and reordain certain sections of the 2003-2004 General, Water, Water Pollution Control, Civic Facilities, Capital Projects and Fleet Management 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, Water, Water Pollution Control, Civic Facilities, Capital Projects and Fleet Management Funds Appropriations be, and the same are hereby, amended as follows: General Fund Appropriations Inmate Room and Board CMERP - Equipment Purchases COPE Team Sporting Events DMV Mini-Grant Citizen Police Academy DARE Homeland Defense Project Lifesaver Police Dog Fees for Professional Services Chemicals CMERP - Equipment Purchases CMERP - Equipment Purchases Automated Container Replacement CMERP - Equipment Purchases CMERP - Equipment Purchases Fees for Professional Services Employee Programs CMERP - Equipment Purchases Special Projects Mill Mountain Zoo Virginia Western Community College Center In The Square Roof Transfer to Civic Facilities Fund Transfer to Capital Projects Fund Transfer to Fleet Management Fund 001-140-3310-2204 001-640-3113-9132 001-640-3114-2061 001-640-3114-2081 001-640-3114-2122 001-640-3114-2132 001-640-3114-2141 001-640-3114-2164 001-640-3114-2169 001-640-3114-2213 001-530-4120-2010 001-530-.4140-2045 001-530-4140-9132 001-530-4160-9132 001-530-4210-2262 001-530-4310-9132 001-620-4340-9132 001-630-5315-2010 001-630-5411-2043 001-620-7111-9132 001-620-8170-2034 001-300-7220-3701 001-300-7220-3710 001-300-7220-3815 001-250-9310-9505 001-250-9310-9508 001-250-9310-9517 $ 3,601 55,615 5,543 1,157 2,603 1,100 1,176 5,855 5,191 4,900 179,076 50,000 18,000 7,000 13,848 10,000 109,035 49,338 3,243 10,600 56,131 175,000 34,170 77,000 11,450 1,688,021 225,000 Revenues Street Maintenance Fund Balance Reserved for CMERP - City Water Fund Appropriations Appropriated from General Revenue Vehicular Equipment Appropriated from General Revenue Retained Earnings Retained Earnings Available for Appropriation Water Pollution Control ,,Fund Appropriations Vehicluar Equipment Retained Earnings Retained Earnings Available for Appropriation Civic Facilities Fund Appropriations CMERP - Equipment Purchases Appropriated from General Revenue CMERP - Equipment Purchases Revenues Transfer from General Fund - Victory Stadium Retained Earnings Retained Earnings Available for Appropriation Capital Proiects Fund Appropriations Appropriated from General Revenue CMERP - Equipment Purchases CMERP - Equipment Purchases CMERP - Equipment Purchases CMERP - Equipment Purchases CMERP - Equipment Purchases Appropriated from General Revenue CMERP - Equipment Purchases VDOT Match Revenues Transfer from General Fund 001-110-1234-0650 001-3323 002-510-8399-9003 002-510-2178-9010 002-620-9801-9008 002-3348 003-510-3175-9010 003-3348 005-550-2108-9132 005-550-8623-9003 005-550-7410-9132 005-110~1234-1274 005-3348 008-052-9560-9003 008-310-9737-9132 008-310-9799-9132 008-440-9854-9132 008-530-9767-9132 008-530-9774-9132 008-530-9793-9003 008-650-9744-9132 008-052-9575-9210 008-110-1234-1037 229,076 (2,480,773) 50,000 225,000 55,900 (330,900) 16,860 (16,860) 139,200 146,000 11,450 11,450 (285,200) 67,064 80,000 100,000 388,089 911,128 15,000 26,740 100,000 (93,804) 1,688,021 Fleet Mana.qement Fund Appropriations CMERP - Equipment Purchases CMERP - Equipment Purchases Revenues Transfer from General Fund Retained Earnings Retained Earnings Available for Appropriation 017-440-9855-9132 017-440-2642-9132 017-110-1234-0951 99,500 326,310 225,000 017-3348 (200,810) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, $.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com September 15, 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: Capital Maintenance and Equipment Replacement Program (CMERP) Background: Section 2-189 of the City Code establishes a reserve from the year-end general fund balance for the funding of capital improvements and capital maintenance and equipment replacement. The amount reserved from the undesignated fund balance is calculated as ten (10) percent of total general fund appropriations less any sums paid for general fund debt service during the fiscal year. CMERP funding available for appropriation totals $2,480,773 In addition, funding from the Commonwealth of Virginia for highway and street maintenance will increase $229,076 above the estimate established with the adoption of the FY 2003-04 General Fund budget. Also, funding in the amount of $93,804 in Capital Improvement Reserve funding for street related projects is designated for the Campbell Avenue Two-Way Traffic project and needs to be appropriated. The total of all funding sources available for appropriation is $2,803,653. Considerations: A list of CMERP funding recommendations is attached (Attachment 1) and addresses the following categories: · Contributions/Commitments $ 466,170 · Capital Projects 921,728 · Fixed Asset Maintenance 391,589 · Operational Equipment 180,398 · Other 618,768 · Vehicular Replacement 225,000 Total $2,803,653 Department CMERP funding requests totaled approximately $4.9 million in non-technology and non-vehicular related items/initiatives. Requests for technology related items/initiatives totaled an additional $3.0 million. Technology requests are reviewed and prioritized by the Information Technology Committee, and a separate report will recommend appropriation of funds for technology needs. All vehicular requests are reviewed by the Fleet Management Division Manager and evaluated based upon an approved set of replacement criteria. Recommended Action: Authorize the Director of Finance to increase the revenue estimate for highway maintenance in the amount of $229,076. Transfer funding in the amount of $93,804 from Capital Improvement Reserve - VDOT Match to accounts as detailed on the attachment. City Council concur with the CMERP funding recommendations and appropriate funding to the proper accounts as detailed on the attachment. City Manager Attachment DLB:acm 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 Sherman M. Stovall, Budget Administrator CM03-00189 Attachment 1 Capital Maintenance and Equipment Replacement Program (CMERP) Recommended Expenditures - Justification Contributions/Commitments - $466~170 1. Grandin Theater - $80,000 - Funding is the second of five installments and will be utilized to fulfill the City's obligation to the Grandin Theater revitalization. Virginia Western Community College - $34,170 - This funding will support the construction of a covered sidewalk and sidewalk improvements on the college campus. 3. Center in the Square - $77,000 - This funding will provide the second of two installments to replace the Center's roof. 4. Mill Mountain Zoo - $175~000 - This funding will provide the necessary amount for a water system upgrade. 5. Total Action Against Poverty/Dumas - $100,000 - Funding will provide the first of five planned installments to support the renovation of the Dumas facility. Capital Projects - $921,728 1. Parks & Recreation - Individual Park Site Master Plan - $10,600 - This funding will provide for the completion of a Master Plan for Mill Mountain. 2. Economic Development- Market Buildin.q- $911,128 -This funding will be utilized to replace the existing HVAC system in the City Market Building. Fixed Asset Maintenance - $391,589 Facilities Management - Buildinq Repairs - $388,089 - These funds will be utilized to address building capital repair needs as identified in Phases I & II of the Building Conditions and Assessment Program (BCAP). Approximately $235,000 of this funding is a carry forward from FY 2002-03. 2. Parks & Recreation - Maintenance - $3,50(} - This funding will be used to make necessary improvements to the Tazewell Avenue Cemetery. Operational Equipment - $180,39~ 1. En.qineerinq - Topcon Total Station Electronic Distance Measurement Device - $10~000 - Funding will be utilized to purchase equipment to replace existing surveying equipment. 2. Police a. Tactical Level IliA Ballistic Vests - $25~001~ - This funding will be used to purchase twenty (20) vests which are no longer within warranty and deemed unsafe to be simply upgraded. b. Bomb Squad - $17~000 - Funding will provide for equipment and the training of one officer. c. Vehicle Equipment - $8~615 - This funding will be utilized to purchase replacement equipment for police vehicles such as switch boxes, siren boxes, replacement domes, vector bars and siren speakers. = Parks & Recreation - Damaqed Equipment Replacement - $69,48,~ - These funds, provided through insurance proceeds, will be utilized to replace equipment damaged during recent flooding. Civic Facilities - Damaqed Equipment Replacement - $11,450 - These funds, provided through insurance proceeds, will be utilized to replace equipment damaged during recent flooding. 5. Transportation - Snow Removal Equipment - $18~000 - This funding will be utilized to purchase two walk-behind snow blowers and two Harder Dump Box Spreaders. 6. Traffic Enqineerin.q - Si.qn Making Equipment - $7~001~ - These funds will be utilized to purchase Gerber Scientific Sign Making equipment. 7. Solid Waste - Toters - $13~848 - Funds will be utilized to purchase 330 garbage toters/containers to be utilized for trash pick-up. Other - $618,768 Sheriff - Inmate Work Release Program - $3,601 - Funding will be used for the Inmate Work Release Program and is a carry forward of program revenue in excess of budget. Parks & Recreation a. Vendinq Machine Kiosk - $15~000 - This funding is a carry forward from FY03 of donations for the construction of a vending machine kiosk on Mill Mountain. b. Youth Services Special Proiects - $56,131 - Funding is a carry forward from FY03 and will be used for youth activities. Funding was not spent in FY03 due to efforts to get input and support from the Youth Commission. c. Hsn,qers for Flower Baskets - $11,550 -This funding will provide for the purchase of hangers for flower baskets to be installed on the Walnut Bridge and the Jefferson Bridge. d. Tree Canopy Restoration Pro.qram - $24~500 - Funds will be utilized to further implement a localized tree canopy restoration program. 3. Library - Planning Study - $1007000 - This funding will be used to support the completion of a library planning study. Police - Dedicated Reimbursements - $32~5~ - Funding is a carry forward from FY03 dedicated reimbursements in excess of expenses for the COPE Team, Citizen Police Academy, Citizen Sports Event, DARE, Homeland Defense, Project Lifesaver and Animal Control. Se Social Services - Revenue Maximization and CSA - $52,581 - Funding represents FY03 revenue in excess of expenses for the Human Services Revenue Maximization function and the Comprehensive Services Act (CSA) Vendor Fair. Funding will be used for eligible Human Services programs. Highway Maintenance a. Paving - $179,076 - This funding will be utilized to support street paving activities. b. Snow Removal - Salt Purchase - $50,000 - Funding will be utilized to purchase salt needed for inclement weather road treatments. 7. Campbell Avenue Two-Way - $93,804 - Funding will be used to support the change in the traffic pattern on Campbell Avenue from one-way to two-way operation from 2nd Street SW to Williamson Road, SE. Vehicular Replacement - $225,000 Fleet Management will recommend replacement/acquisition of vehicles based on approved criteria in separate reports which will be presented to City Council as required. CMERP funds in the amount of $225,000 and Fleet Management funds in the amount of $1,500,000 included in the Fleet Management budget and designated for fleet replacement will be utilized for total funding of $1,725,000 to pumhase recommended vehicles. Total General Fund CMERP - $2,803,653 Technology Funding in the amount of $541,338 is included in the FY04 Department of Technology budget for technology related projects and will be supplemented with Technology Fund Retained Earnings. A separate report will appropriate funding for technology projects. Water Fund - $3307900 Retained Earnings in the amount of $330,900 is available in the Water Fund for the following items. 1. Can/ins Cove Watershed Protection Land Purchases - $50,000 2. Can/ins Cove Trail Improvements Part II - $55,900 3. Sewer Cleaner (Camel Truck) - $225,000 Fleet Manaqement - $200,810 Retained Earnings in the amount of $200,810 is available in the Fleet Management Fund for the following items. 1. Administrative Office Renovations - $99,500 2. Mechanic/Shop Tool Upgrade - $51,100 3. Vehicle/Equipment Provisioning - $9,000 4. Tool Boxes - Solid Waste Trucks - $1,210 5. Refurbish 2 Fire Engines to extend functional life expectancy - $40,000 Sewer Fund - $16,860 Retained Earnings in the amount of $16,860 is available in the Sewer Fund for the following item: 1. Pickup Truck- $16,860 Civic Facilities - $285,200 Retained Earnings in the amount of $285,200 is available in the Civic Facilities Fund for the following items: 1. Purchase of 500 new tables - $68,000 2. Refurbish auditorium seats (2,400) - $111,000 3. Plan annual cost of $35,000 for the refurbishing of 1000 seats in the Coliseum - $35,0OO 4. Replace handicap lift in Coliseum - $10,000 5. Replacement of Hockey Glass - $32,000 6. Replace Auditorium and Mezzanine Lobby lighting - $5,000 7. Install Auditorium commercial washer and dryer and install vent duct to outside - $2,000 8. Upgrade stage and spare lighting - $20,000 9. Update elevator door edge safety device - $1,700 10. Replace all damaged portal treads in Auditorium - $500 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times CITY OF RKE OFF. OF BUDG ATTN: SHERMAN STOVALL 215 CHURCH AVE RM. 364 ROANOKE VA 24011 REFERENCE: 10153811 02205631 ANNUAL BUDGET 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 Virg~ia. Sworn and subscribed before me this __~- day of September 2003. Witness my hand and My ~mi ~s i~n ex~ i r e;-S_~_S~S[~_L-~e~_~ .... . PUBLISI{ED ON: 09/05 TOTAL COST: 238.76 FILED ON: 09/05/03 + Authorized Signature: Billing Services Representative NOTICE OF PUBLIC HEARING The Council of the City of Buonoke Will coasldar a proposal to adjust the aggregate amount of lis FY ~Q03.21X)4 annoal budget In tho following respects, n connection w th appropriation of foads for its Caplntl Maintenance and Equipment Replacement Program (~ERP): ADOPTED RECOMMENDED FUND BUDGET Lu. Cp:A~I General Fund Fleet Fund 5,259,015 s425,610 CIvIc Facilities Fund *5,242,047 - _ '285,2(]Q Techoafogy Furd s5,517 185 . ~Nnt t~ exceed Sl,8(~,0O0 ' Water Fund s14,511,299 s330,90~ Pursuant to the raqulramants of §15.2-2507 Coda of Virginia (950), as amended, oatice IS hereby given that the Count31 of the City of ROanoke w hold a pub c hearing on tho above matter au Monday, September 15, 2Q03, at 7:00 p.m., local time, or as soon thereafter as the mater my be heard/In the Council Chambers, Room 450 Noel C. Taylor Mun dpal Building, 215 Church Av~nou, SW, IIoofloku, .VI~ I~n I,a,.. Fo~furthe. r !,nform. ation On these matters,.yo,u may c~ast the Office of the City Clerk at (540) o~o.z~qt or uarry iN Ray, Uepartmant of eoangomoaT and Budget (540) 85n.6804. All parties and interested citizenc may ngpoor on tho alxwe dote and bo beard on tim rentier. If you ~a ?,, a,,~ ? ~° n ,w h o ,?.d.s occommo.datioas for this hearing, Elapse con~l I~ City Clerh's Office at (540) oo,~.,~T oatorn rx:cJU noon on Tnursday, September 1}, GIVEi~ under my hard this 5th da)' of September, 2003. ~ Fo PI/trle, C/fy C/el'Jr. NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will consider a proposal to adjust the aggregate amount of its FY 2003-2004 annual budget in the following respects, in connection with appropriation of funds for its Capital Maintenance and Equipment Replacement Program (CMERP): ADOPTED RECOMMENDED FUND BUDGET INCREASE General Fund Fleet Fund Civic Facilities Fund Technology Fund Water Fund $204,8OO,894 $5,259,015 $5,242,047 $5,517,185 $14,511,299 $2,803,654 $200,810 $285,200 Notto exceed $1,800,000 $330,900 Pursuant to the requirements of §15.2-2507, 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, September 15, 2003, at 7:00 p.m., local time, or as soon thereafter as the matter may be heard, in the Council Chambers, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, SW, Roanoke, Virginia. For further information on these matters, you may contact the Office of the City Clerk at (540) 835-2541 or Barry L. Key, Department of Management and Budget (540) 853- 6806. 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 Thursday, September 11, 2003. GIVEN under my hand this 5th day of September, 2003. Mary F. Parker, City Clerk. Please publish the attached as a display ad to appear for one day, Friday, September 5, 2003. Send Publisher's Affidavit to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 Send bill to: Department of Management and Budget Room 354, Municipal Building 215 Church Avenue, SW Roanoke, Virginia 24011 Direct questions about this ad to: Meg Munton (540) 853-6404 (540) 853-2773 fax Meg_Munton@ci.roanoke.va.us CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk September 19, 2003 File #60-467 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 36499-091503 authorizing the City Manager to enter into a lease and maintenance agreement with Climbing Performance Institute, Inc., for lease, operation and maintenance of the Rocwood Indoor Adventure Center, 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, September 15, 2003. sz' Mary F. Parker, CMC City Clerk MFP:ew Attachment H:~agenda 03~ept 13 03 correspondence.wpd Darlene L. Burcham September 19, 2003 Page 2 pc: Jesse A. Hall, Director of Finance Rolanda B. Russell, Assistant City Manager for Community Development Steven C. Buschor, Director of Parks and Recreation IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 2003. No. 36499-091503. AN ORDINANCE authorizing the City Manager to enter into a lease and maintenance agreement with Climbing Performance Institute, Inc., for the lease, operation and maintenance of Rocwood Indoor Adventure Center, 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 that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, a lease and maintenance agj'. eement with Climbing Performance Institute, Inc., for the lease, operation and maintenance of Rocwood Indoor Adventure Center, commencing September 16, 2003, such lease and maintenance agreement being for an initial term of one year, with an option to renew at the option of the City Manager for four (4) additional one (1) year terms, and upon the terms and conditions as more particularly set forth in the City Manager's letter dated September 15, 2003, and the attached lease and maintenance agreement, to tiffs Council. 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. 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 September 15, 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 and Agreement for the operation and maintenance of Rocwood Indoor Adventure Center Background: The Rocwood Indoor Adventure Center, located within the Parks and Recreation Administrative Building, 210 Reserve Avenue, is a multi-faceted climbing facility serving residents of Roanoke and guests. The facility, which opened in March 1993, offers 4,000 sq/ft of recreation space including various climbing walls, a climbing tower, a climbing cave, a rappelling station, an equipment storeroom and a staff/reception area. Rocwood provided an excellent recreation opportunity for the youth and families of Roanoke. Unfortunately, the expense of operating Rocwood exceeded revenues, and it was closed in July, 2002. Considerations: On September 16, 2002, City Council adopted Resolution no. 36065-091602, approving the "competitive negotiation" process to obtain a proposal from a minimum of two service providers to manage the Rocwood Indoor Adventure Center located within the Parks and Recreation Administrative Building, 210 Honorable Mayor and Members of Council September 15, 2003 Page 2 Reserve Ave. Climbing Performance Institute, Inc., from Fayetteville, North Carolina, submitted the most qualified proposal for the operation and management of Rocwood. (See attached proposed Lease and Agreement for the operation and maintenance of the Rocwood Indoor Adventure Center.) The Climbing Performance Institute will have the resources to increase the operational hours and programs and provide a more effective and efficient means of operating Rocwood for our citizens. Recommended Action: Following a public hearing, authorize the City Manager to execute an initial Lease and Agreement for the operation and maintenance of Rocwood for (1) one year with option to renew for an additional (4) years with Climbing Performance Institute, Inc., in a form approved by the City Attorney. Respectfully submitted, City Manager DLB/SCB:kaj C~ Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Steven C. Buschor, Director of Parks and Recreation Rolanda B. Russell, Assistant City Manager for Community Development #CM03-00191 City of Roanoke Department of Parks and Recreation LEASE AND AGREEMENT FOR THE OPERATION AND MAINTENANCE OF ROCWOOD INDOOR ADVENTURE CENTER DATE: CITY: CONTRACTOR: FACILITY DESCRIPTION: PERCENTAGE FEE: Year 1 Year 2 Year 3 Year 4 Year 5 City of Roanoke Department of Parks & Recreation 210 Reserve Avenue, S.W. Roanoke, VA 24016 Climbing Performance Institute, Inc. 436 West Russell Street Fayetteville, NC 28301 Rocwood Indoor Adventure Center 210 Reserve Avenue, S.W. Roanoke, VA 24016 0% $2,995.00 (to cover utilities) $7,200.00 or 2.5% of gross, whichever is greater $7,200.00 or 2.5% of gross, whichever is greater $7,200.00 or 2.5% of gross, whichever is greater In consideration of the mutual promises contained herein, the parties agree to the following: 1. Right of Use: The City hereby leases and grants to the Contractor the right to operate a recreational facility in accordance with the terms of this Agreement for the time period specified in the Rocwood Indoor Adventure Center ("Facility") consisting of a converted basketball court, and the climbing area and structures contained therein, as well as the bleachers, equipment storeroom and staff administration area for participant check- in and maintenance of administrative files. Contractor has examined the Facility and agrees that it, and its utilities, are acceptable and appropriate for the purpose stated in Paragraph No. 2 of this Agreement. Contractor understands that air conditioning is not available at the Facility. C:\DOCUME- I \cmsm 1.000\LOCALS- I \Temp\c.lot us.notes.dala\RocwoodAgreemen [doc 1 2. Purpose: The Facility shall be used only for open sessions, group sessions, orientation classes, specific technique classes, special events and other classes and activities appropriate for the general public for the sport of rock or wall climbing ("Activities" or "Activity"). The sessions, classes and events to be offered by the Contractor shall include those as described in Attachment A. Any activity not described in Attachment A must be approved, in writing, by the Director of the City of Roanoke Parks and Recreation Department ("Director") prior to the Activity being conducted at the Facility. 3. Term of Agreement and Termination: The initial term of the Agreement will be for one year from September 16, 2003, through September 16, 2004, at which time it will terminate, unless sooner terminated pursuant to the terms of the Agreement or extended as set forth herein at the option of the City Manager for the City of Roanoke, or the City Manager's designee (collectively, "City Manager"). At the City Manager's option, the Agreement may be extended for up to four (4) additional one (1) year periods by giving written notice of such to the Contractor at least sixty (60) days before the expiration of the initial one (1) year term or any subsequent term. The Agreement may be terminated by the City Manager at any time during the initial one (1) year term or any subsequent term as set forth in this Agreement with at least sixty (60) days notice for no cause. The Agreement may be terminated by the City Manager at any time during the initial one (1) year term or any subsequent term as set forth in this Agreement with five (5) days notice for cause. 4. Equipment: The City shall furnish only the equipment presently owned that is described on Attachment B. All of the equipment furnished by the City is limited to use within the Facility. Contractor shall inspect such equipment before any use to ensure its suitability. Any replaced equipment or other equipment or supplies necessary or desirable for Facility operation, including lights, shall be furnished by the Contractor. Equipment purchased by the Contractor which replaces equipment on Attachment B shall remain the property of the Contractor upon expiration or termination of this Agreement, with the exception of such equipment which is attached to the Facility, which equipment shall become the property of the City upon expiration or termination of this Agreement. Within 10 days of the termination or expiration of this Agreement, the Contractor shall: (a) Remove at its own expense any equipment and supplies not belonging to the City. The removal shall be carried out in such a manner so as not to damage any property or equipment belonging to the City. Should the Contractor fail to remove its equipment or supplies within the 10 day period, the Contractor shall lose all right, title, and interest in and to such items, and the City shall have the right to remove and dispose of such equipment and supplies at the expense of the Contractor. Should the cost of disposition of such items exceed their value, the Contractor shall reimburse the City for the excess cost within thirty (30) days after disposition. C:\DOCUM E- I \cmsm I .tF00~LOCALS - I \Temp\c.lot us.notes.data\RocwoodAgreement.dcx: 2 (b) Clean and return to the City all equipment belonging to the City in the same condition that the Contractor received it, ordinary wear and tear excepted. 5. Payments: The Contractor shall pay the City a utility fee in the amount of $2,995.00 on the 10th day of the 13th month which follows the first month this Agreement is in force. Provided the Agreement is extended each year, the Contractor shall pay the City $7,200.00 or 2¥2% of gross receipts, whichever is greater, no later than the 10th day of the following months this Agreement is in effect: 37th month, 49th month and the 61st month, from the first month this Agreement is in force. Gross receipts, as the term is used in this Agreement, shall include all monies, including concessions, received by the Contractor without any deductions, except for Virginia Sales Tax and City of Roanoke Sales Tax, which have been collected by the Contractor during the preceding twelve month contractual year. 6. Accounting and Records: (a) The Contractor shall install and maintain a bookkeeping system and a method of collecting monies that will allow the Contractor to determine accurately gross receipts. The Contractor shall also furnish a profit and loss statement for the preceding month to the City no later than the l0th of each month for the preceding month. The profit & loss statement shall show all income and expenses derived from the operation of the Facility and any concession at the Facility. (b) Contractor shall maintain all books, records and other documents relating to this Agreement for a period of five (5) years after the end of each fiscal year included in this Agreement. The City, its authorized employees, agents, and representatives, shall have full access to and the right to examine, copy, or audit any of such materials during the time period this Agreement is in force and the five (5) year period identified in this subparagraph, upon prior written notice to Contractor. Such records shall be made available to the City on the same business day they are requested by the City. 7. Hours of Operation: The Contractor agrees to offer open sessions for a minimum of four days each week for a total of at least sixteen hours each week. 8. Quality of Program: All employees and subcontractors of the Contractor must comply with industry standards for safety considerations, in particular, the Administrative Practices of Accredited Adventure Programs published by the Association for Experimental Education, Council of Accreditation. 9. Prices: The Contractor shall recommend prices for all services charged to customers prior to the first day of each term. Such prices shall be subject to written approval by the Director, and such approval shall not be unreasonably withheld. C:\DOC UM E- I \cmsm 1.000\LOCALS - I \Temp\c.lot u s.notes.data\Rocwot)d Agreemem.doc 3 10. Utilities: The City shall use reasonable efforts to provide the Contractor electricity, water, and sewage at levels currently available at the Facility. Such utilities, when available, shall be provided at no cost. Failure by the City to provide electricity, water, or sewage shall not be deemed a breach of this Agreement, and the City shall not be liable to the Contractor for any damages to person or property, lost profits, or any other expenses arising out of said failure to provide the utilities referenced herein. The Contractor agrees to reasonably conserve such utilities by avoiding unnecessary usage. The City agrees to use reasonable efforts to restore such utilities in the event of their needing repairs. 11. Right to Enter: The City shall have the right to enter and inspect the Facility at any reasonable time, and shall have the right to enter the Facility to access the upper level storage closet and the Parks and Recreation storage closet. The City may use the Facility for purposes other than the Activities during ordinary business hours of the City, subject to the Contractor's use of the Facility in accordance with the terms of this Agreement. 12. Independent Contractor: The relationship between Contractor and the City is a contractual relationship. It is not intended in any way to create a legal agency or employment relationship. Contractor shall, at all times, maintain its status as an independent contractor, and both parties acknowledge that neither is an agent, partner or employee of the other for any purpose. Contractor shall be responsible for all insurance, workers' compensation and unemployment insurance to be provided for all of its employees and subcontractors. Contractor will be responsible for all actions of any of its employees or subcontractors, if any. 13. Indemnification: Contractor agrees and binds itself and its successors and assigns to indemnify, keep and hold the City 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 Contractor including: (a) Contractor's use of the Facility (b) Contractor's operation and maintenance of the Facility; (c) the exercise of any fight or privilege granted by or under this Agreement; or (d) the failure, refusal or neglect of Contractor to perform any duty imposed upon or assumed by Contractor by or under this Agreement. In the event that any suit or proceeding shall be brought against the City or any of its officers, employees, agents, volunteers or representatives at law or in equity, either independently or jointly with Contractor on account thereof, Contractor upon notice given to it by the City or any of its officers, employees, agents, volunteers or representatives, will pay all costs of defending the City or any of its officers, employees, agents, volunteers or representatives in any such action or other proceeding. In the event of any settlement or any final judgment being awarded against the City or any of its officers, employees, agents, volunteers or representatives, either independently or jointly with Contractor, then Contractor will pay such settlement or judgment in full or will comply with such decree, pay all costs and expenses of whatsoever nature and hold the C:\DOCUME- 1 \cmsm 1.000\LOCALS- I \Temp\c.lotus.notes.data\RocwoodAgreemenl.doc 4 City or any of its officers, employees, agents, volunteers or representatives harmless therefrom. 14. Insurance: (a) Requirement of insurance. Contractor 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 Contractor 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 arising out of the Contractor's performance under this Agreement. The minimum limits of liability for this coverage shall be one million dollars and no cents ($1,000,000.00) combined single limit for any one occurrence. (2) Contractual Liability. Broad form contractual liability insurance shall include the indemnification obligation set forth in section 13 of this Agreement. (3) Workers' Compensation. Workers' compensation insurance covering Contractor'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 Contractor's insurance company shall waive rights of subrogation against the City, its officers, employees, agents, volunteers and representatives. (4) Tenant's insurance. Contractor shall, at its sole cost and expense, obtain and maintain during the life of this Agreement a property insurance policy written on an "all risk" basis insuring all of Contractor's personal property, including, but not limited to, equipment, furniture, fixtures, furnishings, and improvements which are Contractor's responsibility, for not less than full replacement cost of such property. All proceeds of such insurance shall be used to repair or replace Contractor's property. If the value of contractor's equipment is less than would normally be covered by C:\DOCU M E- I \cmsm 1.000~LOCALS - t\Temp\c.lolu s notes.dala\RocwoodAgreement.doc 5 commercial insurance contractor may choose to comply with the provisions of Section 4 with its own funds. (b) Umbrella Coverage. The insurance coverages and amounts set forth in subsections (a)(l), (2), (3), and (4) of this section may be met by an umbrella liability policy following the form of the underlying primary coverage. Should an umbrella liability insurance coverage policy be used, such coverage shall be 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)(1), (2), (3), and (4), and it is further agreed that such statement shall be made a part of the certificate of insurance furnished by Contractor to this City. (c) Evidence of Insurance. All insurance shall meet the following requirements: (1) Prior to execution of this Agreement, Contractor shall furnish the City a certificate or certificates of insurance showing the type, amount, effective dates and date of expiration of the policies. 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. (2) 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." (3) The required certificate or certificates of insurance shall name the City of Roanoke, its officers, employees, agents, volunteers and representatives as additional insureds. (4) 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. (5) 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 C:\DOCU M E- [ \cmsm 1.000XLOCALS- l\Temp\c.lot u s.notes.data\RocwoodAgreement.doc 6 coverage under this Agreement shall be authorized to do business in the Commonwealth of Virginia. 15. Equal Employment Opportunity: During Agreement, the Contractor agrees as follows: the performance of this (a) The Contractor 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 Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (b) The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that such Contractor is an equal opportunity employer. (c) The Contractor will include the provisions of the foregoing subsections (a) and b) in every contract or purchase order of over ten thousand dollars and no cents ($10,000.00) so that the provisions will be binding upon each contractor or vendor. (d) The Contractor will not deny any person the use of the Facility because of that person's race, religion, color, sex, national origin, age or disability. 16. Drug-free workplace: During the performance of this Agreement, the Contractor shall: (i) provide a drug-free workplace for the Contractor's employees or subcontractors; (ii) post in conspicuous places, available to employees, applicants for employment, and subcontractors, a statement notifying them that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Contractor's workplace and at the Facility and specifying the actions that will be taken against employees and subcontractors for violations of such prohibition; (iii) state in all solicitations or advertisements for employees or subcontractors placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over ten thousand dollars and no cents ($10,000.00) so that the provisions will be binding upon each subcontractor or vendor. For the purpose of this section, "drug-free workplace" means a site for the performance of work done in connection with this Agreement. 17. Maintenance: The Contractor agrees to maintain at its expense the Facility in a clean, wholesome, and sanitary condition in compliance with all applicable laws and regulations and in a manner acceptable to the reasonable standards of the Director of the C:\DOCUME- I \cmsm 1.000~LOCALS- I \Temp\c.lot us notes.data\R ocwoodAgreement.doc 7 Department of Parks and Recreation for the City of Roanoke ("Director"). Contractor also agrees to maintain the restrooms, entrance hallway and outside steps and landing during operational hours in a clean and safe manner acceptable to the reasonable standards of the Director. The City agrees to maintain the restrooms, entrance hallway and outside steps and landing during normal business hours of the City, in accordance with the standards of maintenance of other public restrooms owned by the City. The City shall not be responsible for the cleanliness of the restrooms, entrance hallway and outside steps, after the normal business hours of the City. Trash cans will be provided by the City, but liners are the responsibility of the Contractor. Transporting the trash to the pickup point is the responsibility of the Contractor. 18. Qualitv of Service: All items sold by the Contractor shall meet industry standards, be of good quality, merchantable, and fit to eat or drink (if applicable). All service provided by the Contractor shall be rendered courteously and efficiently. The City reserves the right to prohibit the sale of any item that it deems objectionable. The City also reserves the right to order improvement in the quality of the merchandise, equipment or service being rendered. 19. Alcoholic Beverages: Sale or consumption of beer, wine, or any other alcoholic beverages at the Facility is forbidden. 20. Compliance with Law: The Contractor agrees to comply with all laws, rules, regulations, and ordinance currently in effect or hereafter adopted by the United States of America, the Commonwealth of Virginia, or the City of Roanoke, applicable to the Facility. The Contractor shall obtain and maintain at its own expense any licenses or permits required to operate the Facility. 21. Repairs, Maintenance, and Additions: The City shall be responsible for repairs to the roof, electrical system, and plumbing of the Facility and the Contractor shall report to the Director the need for any repairs to such systems which are the responsibility of the City as soon as possible. The City is not responsible for any damages to person or property, lost profits, or any other expenses arising out of the need for repairs or maintenance to the Facility or equipment provided by the City. The City is not responsible for any repairs or maintenance to equipment provided by the Contractor or a vendor supplying the Contractor. No alterations or additions of any sort shall be made on or about the Facility by the Contractor without prior written permission from the City. 22. Signage: The Contractor shall not erect any sign on or in the premises or in the vicinity of the Facility without first obtaining the written approval of the Director, which approval shall not be unreasonably withheld. 23. Cooperation: Each party agrees to cooperate with the other in executing any documents or taking reasonable action necessary to carry out the intent and purpose of this Agreement. C:\DOCUME- I \cmsm 1,000\LOCALS- 1 \Temp\c.lot us.notes.data\RocwoodAgreement.doc 8 24. Nonwaiver: A waiver or failure by either party to enforce or require performance of any term or condition of this Agreement or the waiver of any particular breach of this Agreement by either party extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions of this Agreement or a waiver of any other breaches of this Agreement by either party and does not bar the nonbreaching party from requiring the other party to comply with all the terms and conditions of this Agreement and does not bar the nonbreaching party from asserting any and all rights or remedies it has or might have against the other party under this Agreement or by law. 25. Forum Selection and Choice of Law: By virtue of entering into this Agreement, Contractor submits itself to a court of competent jurisdiction in the City of Roanoke, Virginia, and further agrees that this Agreement is controlled by the laws of the Commonwealth of Virginia and that all claims, disputes, and other matters shall only be decided by such court according to the laws of the Commonwealth of Virginia. 26. Severability: If any provision of this Agreement, or the application of any provision hereof to a particular entity or circumstance, shall be held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall not be affected and all other terms and conditions of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 27. Successor and Assigns: The terms, conditions, provisions, and undertakings of this Agreement shall be binding upon and inure to the benefit of each of the parties hereto and their respective successors and assigns. 28. Headings: The captions and headings in this Agreement are for convenience and reference purposes only and shall not affect in any way the meaning and interpretation of this Agreement. 29. Authority to Sign: The persons who have executed this Agreement represent and warrant that they are duly authorized to execute this Agreement on behalf of the party for whom they signing. 30. Entire Agreement: This Agreement represents the entire integrated agreement between the parties and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement shall not be amended or modified except by written instrument signed by the parties. 31. Authorized Representatives: Contractor shall appoint one of its key personnel as a representative who shall have the power and authority to work with the City and represent Contractor in all administrative matters so as to provide for the correction of problems and reduction of costs. C:\DOCUME-I\cmsm1.0(}0~LOCALS - I \Temp\c.lotus.notes.data\RocwoodAgreement.doc 9 32. Faith-based organizations: Pursuant to §2.2-4343.1 of the Code of Virginia 1950), as amended, the City of Roanoke does not discriminate against faith-based organizations. 33. No Third Party Beneficiary: The provisions of this Agreement are for the exclusive benefit of the parties hereto and not for the benefit of any third person, nor shall this Agreement be deemed to have conferred any rights, express or implied, upon any third person unless otherwise expressly provided for herein. 34 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 Copy to: Director of Parks and Recreation 210 Reserve Avenue, S.W. Roanoke, Virginia 14016 If to Contractor: Climbing Performance Institute, Inc. 436 West Russell Street Fayetteville, NC 28301 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. 35 Taxes: The Contractor shall timely pay all applicable taxes levied against the operation of the Facility. 36. Default: Abandonment of the operation of the Facility for more than ten (10) business days shall be a default. Failure to abide by the terms and conditions of this Agreement by the Contractor shall also be a default. Upon default, the City shall have the right to terminate this Agreement in accordance with Paragraph No. 3, and immediately take possession of the Facility. Upon taking possession of the Facility, the City shall have all rights pertaining to the Contractor's equipment and supplies as set forth in Paragraph No. 4. 37. Assignment: Contractor shall not assign or sublease the Facility or operation or interest therein without prior written consent of the City. C:\DOCUM E- I\cmsml.000\LOCALS- l\Temp\c.lotus.notes.data\RocwoodAgreement.doc 10 IN WITNESS WHEREOF, the parties hereto have executed the same as of the day and year first hereinabove written: ATTEST: CITY OF ROANOKE By. By. Mary F. Parker, City Clerk ATTEST: Darlene L. Burcham, City Manager CLIMBING PERFORMANCE INSTITUTE, INC. By By Secretary Owner Approved as to Form: Approved as to Execution: Assistant City Attorney Assistant City Attorney C:\DOC UM E- I \c msm I .()O0~LOCALS - I \Temp\c.lot us.no/es.data\RocwoodAgreement.doc 11 ATTACHMENT A Open Sessions: The open sessions are open to the public on a walk-in basis. Previous, open sessions were from 6:00 p.m.-10:00 p.m. Thursday-Sunday. Open sessions were the most consistent element of Rocwood programming and sometimes can be dead while other times can be totally slammed. Listed below are specific guidelines for instructors working open sessions. Group Sessions: The group sessions are a reserved private session. Rocwood can currently accommodate groups from one to twenty in size. These programs teach basic reck climbing, teambuilding, and safety conscious climbing practices. These sessions are typically two to three hours in length. Orientation Classes: This is a six (6) hour class designed to give someone with little or no experience a foundation upon which to build as they begin in the sport of climbing. In this course, each participant should learn about all necessary equipment used at Rocwood, figure-8 follow thru knot, double fisherman's back-up knot, and how to belay by Rocwood standards. Youth Climbing Sessions: This session is designed to introduce youth (ages 8 to 11 ) to indoor rock climbing. The goal here is to provide a safe and fun climbing experience. Information on climbing techniques should be shared; however, our primary obligation is to ~revide a fun program that meets the participants expectations. Specific Technique Classes: Single Rope Technique Special Events: Competitions, Youth Holiday Climbs, Women's Night, Open House, Climbing Club ATTACHMENT B Equipment provided by Owner: Harnesses: Misty Mountain "Fudge" Blue Water "Jim Gyde" Petzl "Ouistiti" Troll "Lizard" Gymnasium mats 4' x 8' x4" 5'x 10'x2' 60' 1 lmm dynamic rope Carabiners Aluminum locking 'D' Steel locking 'D' ATC belaying device Harness bags Looped webbing for anchoring Loose and mounted holds shapes and color Bolt tools Large Small Petzl "Ecrin Rod' helmets Benches 8' long x 1' wide Mounted fingerboard Mounted pull-up bar Orange cones for anchor identification Light bulb changer, three extension poles 300W light bulbs (unused) 14 24 1 2 7 4 23 25 25 23 3 23 minimum of 1000 in various sizes, 2 2 6 3 2 1 11 1 14 2 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 02205984 lease 210 Reserve Ay State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the followin~ dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this __~_.-~v% day of September 2003. Witness my hand andI .... .otary Public My c~mmi~sion expires ~.' ~l-~ . (4) sdm- PUBLISHED ON: 09/05 TOTAL COST: 112.70 FILED ON: 09/05/03 Authorized ~ NOTICE OF PUBLIC HEARING The City of Roanoke proposes to lease a portion of City-owned property located at 210 Reserve Avenue, S.W., to Climbing Performance Institute, Inc., for an initial term of one (1) year, with an option to extend for up to four (4) additional one (1) year periods. Pursuant to the requirements of§§ 15.2-1800 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 September 15, 2003, commencing at 7:00 p.m., in the Council Chambers of the Noel C. Taylor Municipal Building, located at 215 Church Avenue, S.W., Roanoke, Virginia 24011. Citizens shall have the opportunity to be heard and express their opinions on said matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office (853-2541), before 12:00 noon on Thursday, September 11, 2003. GIVEN under my hand this 3rd dayof September ,2003. Mary F. Parker, City Clerk. H:~NOT1CESLNL-ROCWOODINDOORADVENCTR091503.DOC Notice to Publisher: Publish in the Roanoke Times once on Friday, September 5, 2003. Send bill and affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk September 19, 2003 File #28-29-166 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. 36500-091503 authorizing conveyance of a 15-foot easement to extend an existing overhead power line located at Patrick Henry High School, 2102 Grandin Road, S. W., to Appalachian Power Company, d/b/a American Electric Power, to provide electric service to a mobile classroom, 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, September 15, 2003. Mary F. Parker, CMC City Clerk MFP:ew Attachment H:~genda03~ept1303coffespondence,wpd Darlene L. Burcham September 19, 2003 Page 2 pc: Jesse A. Hall, Director of Finance Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Philip C. Schirmer, City Engineer Sarah E. Fitton, Engineering Coordinator H:~3genda 03~sept 13 03 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 2003. NOi~36500e091503. AN ORDINANCE authorizing the donation and conveyance ora fifteen foot overhead easement to extend an existing overhead power line, across City-owned property located at 2102 Grandin Road, S.W., to Appalachian Power Company, to provide electric service to a mobile classroom at Patrick Henry High School, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. Whereas, a public hearing was held on September 15, 2003, pursuant to {}{}15.2- 1800(B) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said conveyance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and City Clerk are hereby authorized to execute and attest, respectively, in form approved by the City Attorney, the necessary documents donating and conveying a fifteen foot overhead easement to extend an existing overhead power line, across City-owned property located at 2102 Grandin Road, S.W., to Appalachian Power Company, to provide electric service to a mobile classroom at Patrick Henry High School, upon certain terms and conditions, as more particularly set forth in the September 15, 2003, letter of the City Manager to this Council. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. 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.roanoke~ov.com Sept'ember 15, 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 of Appalachian Power Company for Easement on City-owned Property at Patrick Henry High School Appalachian Power Company has requested a fifteen-foot wide easement to extend an existing power line on the Patrick Henry High School site to provide underground electric service to the mobile classroom. See Attachments #1 & #2. Recommended Action(s): Following a public hearing, authorize the City Manager to execute the appropriate documents granting an easement as described above to Appalachian Power Company, approved as to form by the City Attorney. Respectfully submitted, Darlene L. Burcham City Manager DLB/SEF Attachment(s) C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sarah E. Fitton, Engineering Coordinator #CM03-00188 Attachment #1 PROPOSED RIGHT OF WAY ON PROPERTY OF CITY OF ROANOKE; '-V-1378 MAP NO. 3780-277-B3 W.O. NO. W000651801 PROPERTY NO. 1 JOB NO. 03-10119 EAS NO. TItIS AGREEMENT, made this day of __~, 2003, by and between the CITY OF ROANOKE, a municipal corporation existing under the laws of the Commonwealth of Virginia, herein called "GRANTOR," and APPALACHIAN POWER COMPANY, a Virginia corporation, herein called "APPALACItIAN." WITNESSETH: THAT FOR AND IN CONSIDERATION of the sum of ONE DOLLAR ($1.00), the receipt of which is hereby acknowledged, the GRANTOR hereby gives license and permit to APPALACHIAN, its successors and assigns, and the right, privilege and authority to said APPALACHIAN, its successors and assigns, to construct, erect, operate, and maintain a line or lines for the purpose of transmitting electric power underground on the property of the City of Roanoke, further identified as Roanoke City Tax Parcel number 1460101 in the City of Roanoke, Virginia. BEING a right of way and easement, in, on, along, through, across or under said lands for the purpose of providing service to Patrick Henry High School, as shown on that certain Appalachian Power Company Drawing V-1378 dated 8-8-03, entitled "Proposed Right of Way on Property of City of Roanoke", attached hereto and made a part hereof. TOGETHER with the right to said APPALACHIAN, its successors and assigns, to construct, erect, install, place, operate, maintain, inspect, repair, renew, re~nove, add to the number of, and relocate at will, underground conduits, ducts, vaults, cables, wires, transformers, THIS INSTRUMENT PREPARED BY APPALACHIAN POWER COMPANY, P.O. BOX 2021, ROANOKE, VA 24022-2121 pedestals, risers, pads, fixtures and appurtenances (hereinafter called "Appalachian's Facilities"), in, on, along, over, through, across and under the above referred to premises; the right to disturb the surface of said premises and to excavate thereon, and to cut down, trim, clear and/or otherwise control, and at Appalachian's option, remove from said premises any trees, shrubs, roots, brash, undergrowth, overhanging branches, buildings or other obstructions which may endanger the safety of, or interfere with the use of Appalachian's Facilities, and the right of ingress and egress to and over said above referred to premises and any of the adjoining lands of the Grantors at any and alt times, for the purpose of exercising and enjoying the rights herein granted, and for doing anything necessary or useful or convenient in connection therewith. The Grantor hereby grants, conveys and warrants to Appalachian Power Company a non-exclusive right of way easement for electric facilities. In the event APPALACHIAN should remove all of said Appalachian's facilities from the lands of the GRANTOR, then all of the rights, title and interest of the party of APPALACHIAN in the right of way and license hereinabove granted, shall revert to the GRANTOR, its successors and assigns. APPALACHIAN agrees to indemnify and save harmless the GRANTOR against any and all loss or damage, accidents, or injuries, to persons or property, whether of the GRANTOR or any other person or corporation, arising in any manner from the negligent construction, operations, or maintenance, or failure to properly construct, operate, or maintain said Appalachian's facilities. TO HAVE AND TO HOLD the same unto Appalachian Power Company, its successors and assigns. Upon recordation of this agreement Appalachian accepts the terms and conditions contained therein. WITNESS the signature of the City of Roanoke by Darlene L. Burnham, its City Manager, and its municipal seal hereto affixed and attested by Mary F. Parker, its City Clerk pursuant to Ordinance No. adopted on CITY OF ROANOKE ATTEST: CITY MANAGER CITY CLERK STATE OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) I, , a Notary Public in and for the City and Commonwealth At Large, do certify that and City Manager and City Clerk, respectively, of the City of Roanoke, whose names as such are signed to the writing above, bearing date the day of ,2003, have each acknowledged the same before me in my jurisdiction aforesaid. Given under my hand this day of ,2003. My Commission Expires: Notary Public The Roanoke Times Roanoke, Virginia Affidavit of Publication ROANOKE CITY CLERK'S 215 CHURCH AVE. RM 456 ATT: MARY PARKER, CL ROANOKE VA 24011 REFERENCE: 80023382 02206017 15' overhead easemen 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 _2~'_~_~__ day of September 2003. Witness my hand and ~_~//~/~'~'~ Nots my Public PUBLISHED ON: 09/05 TOTAL COST: 140.30 FILED ON: 09/05/03 Authorized Signature:__~,.~_~__~~--'~'~= Billing Services Representative NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The City of Roanoke proposes to grant a fifteen foot overhead easement to extend an existing overhead power line at Patrick Henry High School, located at 2102 Grandin Road, S.W., to Appalachian Power Company d/b/a American Electric Power (AEP) for the purpose of providing electric service to a mobile classroom at Patrick Henry High School. 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 on Monday, September 15, 2003, at 7:00 p.m., or as soon thereafter as the matter may be heard in the Council Chambers, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, at which time citizens of the City shall be given an opportunity to appear and be heard by Council on the subject. Further information in the form of a letter to City Council dated September 15, 2003 is available from the Office of the City Clerk for the City of Roanoke at (540) 853-2541. 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, September 11, 2003. GIVEN under my hand this 2nd dayof September ,2003. Mary F. Parker, City Clerk. Notice to Publisher: Publish in the .Roanoke Times once on Friday, September 5, 2003. Send bill and affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk September 19, 2003 File #28-29-467-316 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. 36501-091503 authorizing donation and conveyance of a 15-foot overhead and underground easement, across Barns Avenue, identified as Official Tax No. 6610101, together with an approximate 1600 square foot easement to accommodate a new park, to Appalachian Power Company, d/b/a American Electric Power, to provide underground electric service for the new Roanoke City School Transportation Facility, 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, September 15, 2003. Mary F. Parker, CMC City Clerk MFP:ew Attachment H:~genda 03~sept 13 03 correspon0ence.wpd Darlene L. Burcham September 19, 2003 Page 2 pc: Jesse A. Hall, Director of Finance Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Philip C. Schirmer, City Engineer Sarah E. Fitton, Engineering Coordinator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 2003. ~o. 36501-091503. AN ORDINANCE authorizing the donation and conveyance o fa fifteen foot overhead and underground easement, across City-owned property located on Barns Avenue, identified as Official Tax No.6610101, together with an approximate 1,600 square foot easement to accommodate a new pole, to Appalachian Power Company for the purpose of providing underground electric service to the School Board of the City of Roanoke's School Transportation Facility, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. Whereas, a public hearing was held on September 15, 2003, pursuant to {}{}15.2- 1800(B) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such conveyance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and City Clerk are hereby authorized to execute and attest, respectively, in form approved by the City Attorney, the necessary documents donating and conveying a fifteen foot overhead and underground easement, across City-owned property located at Barns Avenue, identified as Official Tax No. 6610101, together with an approximate 1,600 square foot easement to accommodate a new pole, to Appalachian Pow~ Company for the purpose of providing underground electric to the School Board of the City of Roanoke's School Transportation Facility, upon certain terms and conditions, as more particularly set forth in the September 15, 2003, letter of the City Manager to this Council. 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. 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 September 15, 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 of Appalachian Power Company for Easement on City-owned Property - Transportation Center on Barns Avenue, NW Appalachian Power Company has requested a fifteen-foot wide easement across City-owned property located on Barns Avenue, NW, to provide underground electric service to the City's new Transportation Center, together with an area of approximately 1,600 square feet to accommodate a new pole. See Attachments #1 & #2. Recommended Action(s): Following a public hearing, authorize the City Manager to execute the appropriate documents granting the easement as described above to Appalachian Power Company, approved as to form by the City Attorney. ~/c~ ~''~'''~'~'~'-~Respectfully sul;m'fltted,~ City Manager DLB/SEF Attachment(s) Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sarah E. Fitton, Engineering Coordinator #CM03-00174 A£P ',,',~ SECT!ON 378001810,2 ~AN©~ C~Y PROPOSED RIGHT OF WAY ON PROPERTY OF CITY OF ROANOKE MAP NO. 3780-182-D2 W.O. NO. W000651801 PROPERTY NO. 1 JOB NO. 03-10123 EAS NO. THIS AGREEMENT, made this __ day of __., 2003, by and between the CITY OF ROANOKE, a municipal corporation existing under the laws of the Commonwealth of Virginia, herein called "GRANTOR," and APPALACHIAN POWER COMPANY, a Virginia corporation, herein called "APPALACHIAN." WITNESSETIt: THAT FOR AND IN CONSIDERATION of the sum of ONE DOLLAR ($1.00), the receipt of which is hereby acknowledged, the GRANTOR hereby gives license and permit to APPALACHIAN, its successors and assigns, and the right, privilege and authority to said APPALACHIAN, its successors and assigns, to construct, erect, operate, and maintain a line or lines for the purpose of transmitting electric power overhead and underground on the property of the City of Roanoke, further identified as Roanoke City Tax Parcel number 6610101 in the City of Roanoke, Virginia. BEING a right of way and easement, in, on, along, through, across or under said lands for the purpose of providing service to the Roanoke City Transportation Center, as shown on that certain Appalachian Power Company Drawing V-1377, dated 8-8-03, entitled "Proposed Right of Way on Property of City of Roanoke", attached hereto and made a part hereof. TOGETHER with the right to said APPALACHIAN, its successors and assigns, to construct, erect, install, place, operate, maintain, inspect, repair, renew, remove, add to the THIS iNSTRUMENT PREPARED BY APPALACHIAN POWER COMPANY, P.O. BOX 2021, ROANOKE, VA 24022-2121 number of, and relocate at will, poles, with crossarms, wires, cables, transformers, guys, and anchors in, on, and under the premises above referred to; grounding systems and all other appurtenant equipment and fixtures, underground conduits, ducts, vaults, cables, wires, transformers, pedestals, risers, pads, fixtures and appurtenances (hereinafter called "Appalachian's Facilities"), and string wires and cables, adding thereto from time to time, in, on, along, over, through, across and under the above referred to premises; the right to cut down, trim, clear and/or otherwise control, and at Appalachian's option, remove from said premises any trees, shrubs, roots, brush, undergrowth, overhanging branches, buildings or other obstructions which may endanger the safety of, or interfere with the use of Appalachian's Facilities: the right to disturb the surface of said premises and to excavate thereon: and the right of ingress and egress to and over said above referred to premises and any of the adjoining lands of the Grantors at any and all times, for the purpose of exercising and enjoying the rights herein granted, and for doing anything necessary or useful or convenient in connection therewith. The Grantor hereby grants, conveys and warrants to Appalachian Power Company a non-exclusive right of way easement for electric facilities. In the event APPALACHIAN should remove all of said Appalachian's facilities from the lands of the GRANTOR, then all of the rights, title and interest of the party of APPALACHIAN in the right of way and license hereinabove granted, shall revert to the GRANTOR, its successors and assigns. APPALACHIAN agrees to indemnify and save harmless the GRANTOR against any and all loss or damage, accidents, or injuries, to persons or property, whether of the GRANTOR or any other person or corporation, arising in any manner from the negligent construction, operations, or maintenance, or failure to properly construct, operate, or maintain said Appalachian's facilities. TO HAVE AND TO HOLD the same unto Appalachian Power Company, its successors and assigns. Upon recordation of this agreement Appalachian accepts the terms and conditions contained therein. WITNESS the signature of the City of Roanoke by Darlene L. Burcham, its City Manager, and its municipal seal hereto affixed and attested by Mary F. Parker, its City Clerk pursuant to Ordinance No. adopted on CITY OF ROANOKE ATTEST: CITY MANAGER CITY CLERK STATE OF VIRGINIA CITY OF ROANOKE TO-WIT: I, , a Notary Public in and for the City and Commonwealth At Large, do certify that and City Manager and City Clerk, respectively, of the City of Roanoke, whose names as such are signed to the writing above, bearing date the day of ,2003, have each acknowledged the same before me in my jurisdiction aforesaid. Given under ~ny hand this day of ., 2003. My Commission Expires: Notary Public The Roanoke Times Roanoke, Virginia Affidavit of Publication ~.ii'~' ~i~ ~?. %? i-~tt ~"ii~ t{:!~ii._'i;q~[~he Roanoke Times .................................................. ROANOKE CITY CLERK'S 215 CHURCH AVE. RM 456 ATT: MARY PARKER, CL ROANOKE VA 24011 Tax# 6610101 REFERENCE: 80023382 02205791 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 __~_' ..... day of September 2003. Witness my hand and otary uhlic ~-~-~o~on expires ~' ~-__~O_~_ .... · PUBLISHED ON: 09/05 151.80 09/05/03 TOTAL COST: FILED ON: Authorized S i gna t ur e: _/~_~__~~_, Billing Services Representative NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The City of Roanoke proposes to grant a fifteen foot overhead and underground easement, together with a forty square foot area to accommodate a new pole, across City- owned property located on Barns Avenue, identified as Official Tax number 6610101, to Appalachian Power Company d/b/a American Electric Power (AEP) for the purpose of providing underground electric service to the School Board of the City of Roanoke's School Transportation Facility 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 on Monday, September 15, 2003, at 7:00 p.m., or as soon thereafter as the matter may be heard in the Council Chambers, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, at which time citizens of the City shall be given an opportunity to appear and be heard by Council on the subject. Further information in the form of a letter to City Council dated September 15, 2003 is available from the Office of the City Clerk for the City of Roanoke at (540) 853-2541. 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, September 11, 2003. GIVEN under my hand this 2nd day of September ,2003. Mary F. Parker, City Clerk. pI:\NOTICfiS\N-~EpEASEMENT(BARN ESRD)091503 DOC Notice to Publisher: Publish in the _Roanoke Times. once on Friday, September 5, 2003. Send bill and affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 2401 l (540) 853-2541