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HomeMy WebLinkAboutCouncil Actions 06-21-04 Fitzpatrick 36713-062104 ROANOKE CITY COUNCIL REGULAR SESSION JUNE 21, 2004 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order--RoII Call. (All Council Members were present.) The Invocation was delivered by Mayor Smith. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Ralph K. Smith. Welcome. Mayor Smith. NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's meeting will be replayed on Channel 3 on Wednesday,June 23, 2004, at 7:00 p.m., and Sunday, June 27, 2004, at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. 1 ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COpy OF ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., OR CALL 853-2541. THE CITY CLERK'S OFFICE 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.CLlCK 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 ATWWW.ROANOKEGOV.COM. TO OBTAIN AN APPLICATION. 2. PRESENTATIONS AND ACKNOWLEDGMENTS: A Resolution paying tribute to the Honorable Ralph K. Smith, Mayor, City of Roanoke. Adopted Resolution No. 36713-062104 (6-0 - Mayor Smith abstained from voting.) File #80-132 2 A Resolution paying tribute to the Honorable William D. Bestpitch, Council Member. Adopted Resolution No. 36714-062104 (6-0 - Mr. Bestpitch abstained from voting.) File #80-132 A Resolution paying tribute to the Honorable Linda F. Wyatt, Council Member. Adopted Resolution No. 36715-062104 (6-0 - Ms. Wyatt abstained from voting.) File #80-1 32 A Resolution paying tribute to Dr. E. Wayne Harris, Superintendent, Roanoke City Pubic Schools. Adopted Resolution No. 36716-062104 (7-0) File #80-467 Presentation of Commemorative Tree Program Signs and Mementoes to Council Members Bestpitch and Cutler. File #80-240 3. CONSENT AGENDA Approved (7-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. 3 C-1 Minutes ofthe regular meeting of Council held on Monday, February 5, 2001; the regular meeting of Council held on Monday, April 19, 2004, recessed until Thursday, April 22, 2004 and recessed until Friday, April 30, 2004; and special meetings of Council held on Thursday, April 29, 2004. RECOMMENDED ACTION: Dispense with the reading of the minutes and approve as recorded. (-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: Concur in the request. Approved (7-0) File #1 32 C-3 A communication from Council Member Alfred T. Dowe, Jr., Chair, City Council Personnel Committee, requesting that Council convene in a Closed Meeting to discuss performance evaluations of Council-Appointed Officers, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in the request. Approved (7-0) File #132 C-4 A communication from John Renick, Secretary, advising of the resignation of Joe Schupp as a member of the Roanoke Neighborhood Advocates. RECOMMENDED ACTION: Accept the resignation receive and file communication. and the File #488 REGULAR AGENDA 4. PUBLIC HEARINGS: NONE. 4 5. PETITIONS AND COMMUNICATIONS: a. Presentation with regard to the history of urban renewal in the City of Roanoke. Dr. Mindy Thompson Fullilove, Spokesperson. (Sponsored by Mayor Smith and Council Member Bestpitch.) File #200 6. REPORTS OF OFFICERS: a. CITY MANAGER: ITEMS RECOMMENDED FOR ACTION: 1. Approval ofthe Fiscal Year 2004-2005 Annual Operating Budget for The Hotel Roanoke Conference Center Commission. Adopted Budget Ordinance No. 36717-062104 and Resolution No. 36718-062104. (7-0) File #60-247 2. Acceptance of the 2004-2005 Community Development Block Grant, HOME Investment Partnerships Program and Emergency Shelter Grant; and appropriation and transfer of funds. Adopted Budget Ordinance No. 36719-062104 and Resolution No. 36720-062104. (7-0) File #60-236 3. Transfer of funds in connection with the re-installation of an overhead sign structure on Orange Avenue, N. W., between Williamson Road and 1-581. Adopted Budget Ordinance No. 36721-062104. (7 -0) File #60-107 5 4. Execution of an agreement with the County of Roanoke for construction and improvements to the Regional Driver Training Facility. Adopted Budget Ordinance No. 36722-062104 and Resolution No. 36723-062104. (7-0) File #5-60 5. Transfer of funds in connection with recommendations by the Human Services Committee for certain qualified agencies for fiscal year 2004-2005. Adopted Budget Ordinance No. 36724-062104. (7 -0) File #60-72 6. Acceptance of a Law Enforcement Terrorism Prevention Program Grant from the Department of Criminal Justice Services, in the amount of $224,856.00. Adopted Budget Ordinance No. 36725-062104 and Resolution No. 36726-062104. (7-0) File #5-60-236 7. Acceptance of an Urban and Community Forestry Grant from the Virginia Department of Forestry, in the amount of $13,500.00. Adopted Budget Ordinance No. 36727-062104 and Resolution No. 36728-062104. (7-0) File #60-236-240 8. Amendment of the regional contract governing The Roanoke Valley Library Consortium. Adopted Ordinance No. 36729-062104. (7-0) File #323 6 9. Appropriation and transfer of funds in connection with the Comprehensive Services Act Supplemental Allocation. Adopted Budget Ordinance No. 36730-062104. (7 -0) File #60-72 10. Execution of a Regional Hazardous Materials Response Team contract with the Virginia Department of Emergency Management for fiscal years July 2004 - June 2008; and appropriation of funds. Adopted Budget Ordinance No. 36731-062104 and Resolution No. 36732-062104. (7-0) File #60-188 11. Execution of separate agreements with Total Action Against Poverty, Inc., and the Virginia Department of Transportation, in connection with renovation of the historic Hotel Dumas to create the Dumas Center for Artistic and Cultural Development; and appropriation of funds. Adopted Budget Ordinance No. 36733-062104 and Resolution No. 36734-062104. (7-0) File #60-77-226 12. Transfer of funds in connection with the O. Winston Link Railwalk and Warehouse Business Center project Adopted Budget Ordinance No. 36735-062104. (7 -0) File #60-392 7 13. Transfer of funds between certain accounts and the use of excess budgeted personal services funds. Darlene L. Burcham, City Manager, and Jesse A. Hall, Director of Finance. Adopted Budget Ordinance No. 36736-062104. (7 -0) File #60-385 14. Appropriation of funds in connection with the Roanoke Grow America Fund. Adopted Budget Ordinance No. 36737-062104. (7 -0) File #60-450 15. Amendments to an agreement with Arena Ventures, L.L.C. Adopted Ordinance No. 36738-062104. (7-0) File #192 BRIEFINGS: Civic Center Auditorium Seating Update 15 Minutes Dr. Martin Luther King, Jr. Bridge 15 Minutes b. CITY ATTORNEY: 1. Amendment of Chapter 26, Sewers and Sewaqe Disposal, Code of the City of Roanoke (1979), as amended, to conform with changes necessitated by implementation of the Western Virginia Water Authority. Adopted Ordinance No. 36739-062104. (7-0) File #24-27-468 8 2. Amendment of Chapter 35, Water, Code of the City of Roanoke (1979), as amended, to add appropriate references to the Western Virginia Water Authority and to repeal sections no longer applicable as a result of creation of the Authority. Adopted Ordinance No. 36740-062104. (7-0) File # 24-27-468 3. Readoption and reenactment of the Code of the City of Roanoke (1979), as amended. Adopted Ordinance No. 36741-062104. (7-0) File #24 c. DIRECTOR OF FINANCE: 1. Assumption of the City's Series 2003 Sewer Revenue Bond from the Virginia Resources Authority by the Western Virginia Water Authority. Adopted Resolution No. 36742-062104. (7-0) File #27-53-468 2. Designation of the Western Virginia Water Authority as a Participating Employer in the City of Roanoke Pension Plan. Adopted Ordinance No. 36743-062104. (7-0) File #27-429-468 3. Transfers of Internal Service Fund balances. Adopted Budget Ordinance No. 36744-062104. (7 -0) File #60-355 9 7. REPORTS OF COMMITTEES: a. Request of the Roanoke City School Board to close-out 47 school grants. Richard L. Kelley, Assistant Superintendent for Operations, Spokesperson. Received and filed. File#236-467 b. Request of the Roanoke City School Board to appropriate $30,000.00 for Crystal Spring Elementary School improvements, and $324,480.00 for the School Bus Retrofit project; and a report of the Director of Finance recommending that Council concur in the request. Richard L. Kelley, Assistant Superintendent for Operations, Spokesperson. Adopted Budget Ordinance No. 36745-062104. (7 -0) File #60-467 8. UNFINISHED BUSINESS: NONE. 9. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS. a. A Resolution changing the place of commencement of the regular meeting of City Council scheduled to be held at 9:00 a.m., on Tuesday July 6, 2004. Adopted Resolution No. 36746-062104. (7-0) File #132 10 10. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor, Vice-Mayor and Members of City Council. Council Member Fitzpatrick commended Mayor Smith and Council Members Bestpitch and Wyatt for their role in creation of the Western Virginia Water Authority. File #27-80-468 Council Member Cutler congratulated Sherman L. Stovall upon his appointment as Director of Management and Budget, effective June 11, 2004. File #80-299 The Mayor advised that it has been a pleasure to serve the citizens of the City of Roanoke as Mayor for the past four years. File #80-132 b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. 11. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. Mr.Jim Fields, 17 Ridgecrest Road, Hardy, Virginia, spoke with regard to patriotism, the death of President Ronald Reagan, and the appropriateness of celebrating the Fourth of July at Victory Stadium. File #122-367 11 Mr. Robert Gravely, 729 Loudon Avenue, N. W., spoke with regard to housing, satisfactory wages for City employees, and diversity. File #178-184 12. CITY MANAGER COMMENTS: The City Manager expressed appreciation to City employees who participated in the Relay for Life event which was sponsored by the American Cancer Society on Friday, June 18, 2004, at Victory Stadium, and advised that City employees raised over $5,000.00. She commended those City employees who participated in the Building New Partnerships Conference which was held at The Hotel Roanoke and Conference Center on Saturday, June 19, 2004, which included participation by over 30 City departments and organizations; workshops were offered on small loans, bonding and certification, and insurance, etc., and provided an opportunity for City departments to provide information on their role in City government. The City Manager advised that the Governor of Virginia has recognized the City of Roanoke as one of five communities whose Enterprise Zone has been reauthorized for another 20 years. File #45-80-184-266 The meeting was declared in recess and the Council reconvened in the Council's Conference Room for two briefings, which were followed by two closed sessions. 12 CERTIFICATION OF CLOSED SESSION. (4-0) Mayor Smith and Council Members Dowe and Fitzpatrick were not in the Council Chamber when the vote was recorded. Dennis R. Cronk was appointed as a member ofthe Board of Directors, Virginia Western Community College, to fill the unexpired term of Harriett S. Lewis, ending June 30, 2006. File #110-467 Saduma H. Guhad was appointed as a member of the Youth Services Citizen Board for a term ending May 31, 2007. File #110-304 THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL 7:00 P.M., IN THE CITY COUNCIL CHAMBER. 13 ROANOKE CITY COUNCIL REGULAR SESSION JUNE 21, 2004 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order -- Roll Call. The Invocation was delivered by Council Member William D. Bestpitch. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Smith. Welcome. Mayor Smith. NOTICE: The Council meeting will be televised live by RVTV Channel 3 to be replayed on Wednesday, June 23, 2004, at 7:00 p.m., and Sunday, June 27, 2004, at 4:00 p.m. Council meetings are now being offered with closed captioning for the hearing impaired. PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE. 14 A. PUBLIC HEARINGS: 1. Request of Public Facility Consortium, LLC, that a portion of two tracts of land located at 2903 Peters Creek Road, N. W., containing 11.5 acres, more or less, identified as Official Tax Nos. 6410105 and 6410106, be rezoned from RS-3, Residential Single Family District, and C-2, General Commercial District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Maryellen F. Goodlatte, Attorney. Adopted Ordinance No. 36747-062104. (6-0) (Council Member Dowe arrived late.) File #51 2. Request of Mid-South Management, LLC, a Virginia limited liability company, that proffered conditions presently binding upon a tract of land located at the intersection of Orange Avenue and King Street, N. E., designated as Official Tax No. 7090511, as set forth in Ordinance No. 29147, adopted on June 20, 1988, be amended. Edward A. Natt, Attorney. Adopted Ordinance No. 36748-062104. (6-0) (Council Member Dowe arrived late.) File #51 3. Proposed expansion of Downtown Roanoke Service District boundaries. Darlene L. Burcham, City Manager. Adopted Ordinance No. 36749-062104. (7-0) File #277-380 4. Amendment of the Vision 2001-2020 Comprehensive Plan to include the Franklin Road/Colonial Avenue Area Plan. R. Brian Townsend, Agent, City Planning Commission. Adopted Ordinance No. 36750-062104. (7-0) File #200-424 15 5. Request of the City of Roanoke to permanently vacate, discontinue and close a certain 32.5 square foot portion of a 1 5-foot alley located between 3rd and 4th Streets, S. W., adjacent to a parcel of land identified as Official Tax No.1 011306. R. Brian Townsend, Agent, City Planning Commission. Adopted Ordinance No. 36751-062104. (7-0) File #514 6. Proposed adjustment ofthe aggregate amount of the Fiscal Year 2004- 2005 School Fund Budget, in connection with appropriation of an additional $4,049,545.00 from the Commonwealth of Virginia. Richard L. Kelley, Assistant Superintendent for Operations, Spokesperson. Adopted Budget Ordinance No. 36752-062104. (7 -0) File #60-467 7. Proposed adoption of a resolution authorizing the City of Roanoke to contract a debt and to issue or reallocate the proceeds of general obligation public improvement bonds of the City, in the amount of $22,350,000.00, for various capital improvement projects and capital equipment projects. Darlene L. Burcham, City Manager. Adopted Resolution No. 36753-062104 and Budget Ordinance Nos. 36754-062104 and 36755-062104. (7 -0) File #53-60-217 16 8. Amendments and revisions to Chapter 31, Subdivisions, and Chapter 36.1, Zoninq, Code of the City of Roanoke (1979), as amended, to achieve various purposes as the result of creation of the Western Virginia Water Authority. R. Brian Townsend, Agent, City Planning Commission. Adopted Ordinance Nos. 36756-062104 and 36757-062104. (7-0) File #24-27-51-252-468 9. Authorization of execution of an Operating Agreement among the City of Roanoke, the County of Roanoke, and the Western Virginia Water Authority, which authorizes the conveyance of certain parcels of land, both within and without the City, and the transfer of certain vehicles and other equipment, upon certain terms and conditions. Darlene L. Burcham, City Manager. Adopted Ordinance No. 36758-062104. (7-0) File #27-166-468-472 Ordinance No. 36759-062104 was adopted establishing the compensation for the City Manager, City Attorney, Director of Finance, Municipal Auditor and City Clerk for the fiscal year beginning July 1, 2004. File #1 84 B. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. 17 Mr. Chris Craft, 1501 East Gate Avenue, N. E., inquired as to future plans by the City regarding the East Gate neighborhood, i.e.: sidewalks, curb and gutter, East Gate Park improvements, etc. He called attention to overgrown weeds at the foot of East Gate Avenue which could create a traffic hazard for motorists making a left turn. He expressed concern that City of Roanoke customers of the Western Virginia Water Authority will experience an increase in water rates while the rates of Roanoke County customers will not change; and questioned the advantage of monthly billing as opposed to the current three month billing cycle. File #20-27-67-468 18 ~~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36713-062104. A RESOLUTION paying tribute to the Honorable Ralph K. Smith, Mayor ofthe City of Roanoke, and expressing to him the appreciation of this City and its people for his exemplary public service. WHEREAS, Mayor Smith served in the United States Coast Guard Reserve from 1964 to 1970, and he is founder and President of Ralph Smith, Inc., a Roanoke business for 34 years, which is engaged in fabrication of steel for industry; WHEREAS, at the Councilmanic election held the first Tuesday in May, 2000, Mr. Smith was elected Mayor, for a four year term commencing July 1, 2000, and ending June 30, 2004; WHEREAS, Mayor Smith has given unselfishly of his time to serve as President ofthe Board of Directors of the Greater Roanoke Transit Company, Member of the Budget and Planning Committee, Personnel Committee, Hotel Roanoke Conference Center Commission, Roanoke Valley/Alleghany Regional Commission, and as ex-officio member of all City committees, always displaying personal characteristics of honesty, integrity, friendliness, tenacity, and responsiveness to the public; WHEREAS, while supporting numerous civic and community organizations, including Williamson Road Area Business Association and Roanoke Valley Greenways, Mayor Smith has continued to support the Roanoke City Republican Committee, and served as Chairman H:\MEASURES\R-APPREClATIONTOMA YORSMlTH.DOC from 1996 to 1998. He is a long-standing member of the Williamson Road Lions Club, Director of the Virginia Recreational Facilities Authority, and Director of the Congressional Awards Foundation by appointment of Governor George Allen; he also serves as Director and Secretary of Freedom Alliance, Director of the Miss Virginia Pageant, Inc., First Citizens Bank Advisory Board, and is a member ofthe Christian Coalition Board of Directors, and Alliance for Individual Rights & Responsibilities (AIRR); WHEREAS, in keeping with the practice of former Mayors Roy L. Webber, Noel C. Taylor and David A. Bowers, Mayor Smith has maintained an open door policy relating to the day to day operations of the Mayor's Office by meeting with citizens and others to hear their concerns and suggestions for the City of Roanoke; WHEREAS, Mayor Smith was instrumental in establishing the first Roanoke Regional Leadership Summit of elected officials and administrators which continues to meet quarterly, while an executive subcommittee of City Mayors, County Chairs and Administrators have continued to meet monthly to address mutual problems and work together on common goals; WHEREAS, Mayor Smith has been a strong advocate of improved air service for the Roanoke Valley, quality government services, strong neighborhoods, economic development, quality education, regional cooperation, and fiscal responsibility, and a voice ofthe business community by his monthly attendance at BIZBREAK meetings, a monthly breakfast meeting where business owners and various companies, large and small, meet with the City Manager and the Mayor for the purpose of discussing issues of interest to the City and to local businesses; and WHEREAS, prior to his election as Mayor he served on the Roanoke City Building Code Appeals Board and the Mill Mountain Advisory Committee; H:\MEASURES\R-APPRECIATIONTOMA YORSMITH.DOC THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1 Council adopts this means of recognizing and commending the services rendered to the City of Roanoke and its people by the Honorable Ralph K. Smith. 2. The City Clerk is directed to forward an attested copy of this resolution to the Honorable Ralph K. Smith. ATTEST: City Clerk. H:\MEASURES\R.APPRECIATlONTOMA YORSMITH.DOC ~\ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36714-062104. A RESOLUTION paying tribute to the Honorable William D. Bestpitch and expressing to him the appreciation ofthis City and its people for his exemplary public service. WHEREAS, at the Councilmanic election held the first Tuesday in May 2000, the Honorable William D. Bestpitch was elected to City Council, and served the City as a member of Council, for a four year term commencing July 1, 2000, and ending June 30, 2004; WHEREAS, Mr. Bestpitch attended Virginia Commonwealth University, receiving his B.S.W. in 1983 and his M.S.W. in 1984, attended the Sorensen Institute for Political Leadership at the Weldon Cooper Center at the University of Virginia, and has been in the human services field since 1974, including correctional counseling, substance abuse treatment, policy and legislative analysis, program development and technical assistance, residential treatment of severely emotionally disturbed children, home based family counseling, and long term care of the elderly, and has served his fellow citizens at TAP, Blue Ridge Community Services (now Blue Ridge Behavioral Health Care), Family Service of Roanoke Valley, and the Virginia Veterans Care Center, as well as serving as adjunct instructor for Radford University School of Social Work; H:IMEASURES\R.BESTPITCHAPPREClATlON2004.DOC WHEREAS, Mr. Bestpitch served diligently and with distinction as a member of this Council, performing in a selfless manner as he discharged his duties and service to the citizens of the City; WHEREAS, in concluding his four-year term as a member of Roanoke City Council, Mr. Bestpitch will be remembered for his attention to detail and his unmistakably straightforward, no-nonsense manner, and his penchant for accuracy which guaranteed that any issues he attended to were followed through to completion; WHEREAS, Mr. Bestpitch has served the City of Roanoke with distinction as Chair of the Legislative Committee and member of the Board of Directors of the Greater Roanoke Transit Company, Finance Best Practices Task Force, City of Roanoke Transportation Safety Commission, Audit Committee, a member and former Chair of the Budget and Planning Committee, Personnel Committee, Virginia's First Regional Industrial Facility Authority , New River Valley Commerce Park Participation Committee, Roanoke Neighborhood Partnership Steering Committee, and its Ad Hoc Study Committee, Virginia Recreation Facilities Authority, Roanoke Valley Area Metropolitan Planning Organization, Virginia's First Coalition of Cities, and the War Memorial Committee; WHEREAS, Mr. Bestpitch has been actively involved in community affairs and has served or is serving on the Blue Ridge Zoological Society of Virginia, Inc., Board of Directors, Kiwanis Club of Roanoke, is a former treasurer and president of Old Southwest, Inc., Vice-Chair ofthe Roanoke Valley-Allegheny Regional Commission, St. H:\MEASURES\R-BESTPITCHAPPREClATJON2004.00c John's Community Youth Program, Community Advisory Board, Total Action Against Poverty, and the United Way of Roanoke Valley. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council adopts this means of recognizing and commending the many services rendered to the City of Roanoke and its people by the Honorable William D. Bestpitch. 2. The City Clerk is directed to forward an attested copy ofthis resolution to the Honorable William D. Bestpitch. ATTEST: City Clerk. H:\MEASURES\R-BESTPITCHAPPRECIATION2004.00c "'~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36715-062104. A RESOLUTION paying tribute to the Honorable Linda F. Wyatt and expressing to her the appreciation of this City and its people for her exemplary pnblic service. WHEREAS, Ms. Wyatt attended Bluefield College, receiving her A.A. in 1970, and receiving her B. S. in Education in 1972 and her M. S. in Education from Radford University in 1976, and was selected to attend the Sorensen Institute for Political Leadership at the Weldon Cooper Center at the University of Virginia; WHEREAS, after serving a total of thirty years in the Roanoke City Public Schools as an elementary school teacher, she retired in March 2002; WHEREAS, Ms. Wyatt is a member of many organizations, including the Delta Kappa Gamma international education sorority, whose members are recognized and inducted due to their contributions to education in their communities; she is a member of Epsilon Sigma Alpha, a philanthropic sorority which raises money for S1. Jude's Hospital, Easter Seals, and scholarships for Roanoke area high school students; and being a dedicated community activist she was a four-year volunteer human relations f trainer and tutor at Hegira House, a treatment center for recovering drug addicts; and is the recipient of the Family Services of Roanoke Valley award for contributions to family and family life; H:\MEASURES\R.WYATIAPPREClATI0N2004.00c WHEREAS, Ms. Wyatt is a past member of the Board of Directors of the National Education Association and the Virginia Education Association, and is active in the Democratic Party, having served as Secretary of the Sixth District Democratic Committee, and as a member of the Virginia Democratic Party's Central Committee; WHEREAS, Ms. Wyatt served the City of Roanoke with distinction as Chair of the Audit Committee and a member ofthe Board of Directors ofthe Greater Roanoke Transit Company, the Budget and Planning Committee, the Personnel Committee, Legislative Committee, Roanoke Civic Center Commission, the Virginia Municipal League Policy Committee - Human Development and Education, the Mayor's Committee for People with Disabilities, the Roanoke Civic Center Commission, the Virginia CARES Board of Directors, the Virginia Museum of Transportation Board of Directors, and the Roanoke Valley Convention and Visitor's Bureau Board of Directors (Alternate Member); WHEREAS, Ms. Wyatt was first elected to City Council on May 3, 1994, to fill the unexpired term of Beverly T. Fitzpatrick, which ended June 30,1996; WHEREAS, Ms. Wyatt was elected Vice-Mayor ofthe City of Roanoke by virtue of receiving the largest number of votes in the Councilmanic election held on the first Tuesday of May, 1996, and served in this office from July 1, 1996, to June 30,1998; WHEREAS, Ms. Wyatt served diligently and with distinction as Vice-Mayor, performing many and varied responsibilities required of her as Vice-Mayor in a selfless H:\MEASURES\R-WYATIAPPREClATION2004.DOC manner while honorably discharging her other duties on the City Council; and at the election held in May, 2000, Ms. Wyatt won another 4-year term on City Council; and WHEREAS, at the end of her four-year term as a member of Roanoke City Council, Ms. Wyatt will have devoted thirty-two faithful years to public service. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council adopts this means of recognizing and commending the many services rendered to the City of Roanoke and its people by the Honorable Linda F. Wyatt. 2. The City Clerk is directed to forward an attested copy ofthis resolution to the Honorable Linda F. Wyatt. ATTEST: City Clerk. H:\MBASURBS\R.WYATTAPPRBClATl0N2004.DOC ~ /2.5 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of June, 2004. No. 36716-062104. A RESOLUTION paying tribute to Dr. E. Wayne Hams, Superintendent of Schools for the Roanoke City Public Schools, and expressing to him the appreciation of this City and its citizens for his public service to our community and its children. WHEREAS, Dr. Hams has announced his retirement as Superintendent of Schools effective December 31, 2004, after eleven years of exemplary service to the City's Public Schools; WHEREAS, Dr. Banis who is a native of Salem, Virginia, returned to the Roanoke Valley to begin his tenure as Superintendent of Schools for the City Public Schools on July 1, 1993; WHEREAS, Dr. Banis graduated with a Bachelor of Arts degree from Shepherds College, earned a Master of Arts degree from Colorado State University, earned a Master in Education from the Harvard Graduate School of Education and earned a doctorate degree in Education from the Harvard Graduate School of Education; WHEREAS, Dr. Hams has demonstrated a high level ofleadership, grace and professionalism during his tenure as Superintendent of Schools for the Roanoke City Public Schools; WHEREAS, in demonstration of his exemplary leadership, Dr. Hams helped to champion the International Baccalaureate Program in the Roanoke City Public Schools making it only one of eight school systems nationwide to offer the International Baccalaureate Program to the children of the Roanoke Valley from kindergarten through high school; WHEREAS, Dr. Hams also helped to implement a nationally recognized and award winning technology strategic plan for all schools and administrative offices in the Roanoke City Public Schools; H:\Measures\Dr. Harris resolution. doc 1 WHEREAS, under Dr. Harris' leadership the number of students taking dual enrollment and advance placement courses has increased significantly; and WHEREAS, as a result of Dr. Harris' boundless energy and determination, the drop out rate in the Roanoke City Public Schools has been cut in half since Dr. Harris began as Superintendent in 1993. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: l. City Council adopts this resolution as a means of recognizing and commending the many years of service rendered to the City of Roanoke, the Roanoke City Public Schools and its students by Dr. E. Wayne Harris. 2. The City Clerk is directed to transmit an attested copy of this resolution to Dr. Harris. ATTEST: City Clerk. H:\Measures\Dr. Harris resolution. doc 2 477 REGULAR WEEKLY SESSION-----ROANOKE CITY COUNCIL February 5, 2001 12:15 p.m. The Council of the City of Roanoke met in regular session on Monday, February 5, 2001, at 12:15 p.m., the regular meeting hour, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Reqular Meetinqs, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members William H. Carder, C. Nelson Harris, W. Alvin Hudson, Jr., William White, Sr., Linda F. Wyatt, William D. Bestpitch and Mayor Ral ph K. Smith--------------------------------------------------------7. ABSENT: None--------------------------------------------------O. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. COMMITTEES-CITY COUNCIL: A communication from the Honorable Ralph K. Smith, Mayor, requesting a Closed Meeting to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before the body. Mr. Harris moved that Council concur in the request to convene in Cased Meeting as above described. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and MayorSmith---------------------------------------------------------7. NAYS: None---------------------------------------------_____--0. 478 CITY COUNCIL: A communication from the City Attorney requesting a Closed Meeting to consult with legal counsel on a matter of actual litigation, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended, was before the body. Mr. Harris moved that Council concur in the request to convene in Closed Meeting as above described. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and MayorSmith---------------------------------------------------------7. NAYS: None----------------------------------------------------0. CITY COUNCIL-CITY EMPLOYEES: A communication from Council Member C. Nelson Harris, Chair, City Council Personnel Committee, requesting a Closed Meeting to discuss the performance of two Council-Appointed Officers, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before the body. Mr. Harris moved that Council concur in the request to convene in Closed Meeting as above described. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and MayorSmith------------------------------------------------------ --7. NAYS: None----------------------------------------------------0. At 12:20 p.m., the Mayor declared the meeting in recess to be reconvened in the Emergency Operations Center Conference Room, Room 159, for a briefing by the City Manager with regard to the 1-73 project. At 12:25 p.m., the meeting reconvened in the Emergency Operations Center Conference Room, Room 159, with all Members of the Council in attendance, with the exception of Council Member White, Mayor Smith presiding. STATE HIGHWAYS-CARillON BIOMEDICAL INSTITUTE: Robert K. Bengtson, Director of Public Works, introduced Fred C. Altizer, District Administrator, Virginia Department of Transportation; and Chris Lloyd, Planner and Coordinator, Virginia Department of Transportation, for a briefing on the 1-73 project. ., 479 Mr. Altizer presented an overview of the proposed 1-73 project and advised that the Transportation Department concluded its series of public hearings on January 12, 2001; and the Transportation Department will present its findings to the Commonwealth of Virginia Transportation Board in April or May 2001. Mr. Lloyd highlighted the five main discussion points from the public hearings which were held from November 2000 - January 2001, as follows: . Economic Benefits . Traffic Element . Adjacent Roadway Network . Air Quality . Property Impacts Economic benefits, I.e.: support economic growth, economic vitality and maintain existing competitiveness; direct benefits accident/crash reduction, travel time savings and operational savings; and indirect benefits - employment, spending and fiscal revenues. Focused on six studies for research purposes, viz: 1994 and 1995 Virginia Employment CommissionjVirginia Transportation Research Council Study, 1999 TransAmerican Study, 1996 FHWA Study Nos. 1 and 2, 1996 NCHRP and the 2000 City of Roanoke Study. 1994 AND 1995 Virqinia Emplovment Commission/Virqinia Transportation Research Council The Virginia Transportation Research Council studied the 1-81 corridors in southwest Virginia, including 1-77, and the Council concluded that this corridor was the best corridor in terms of overall economic impact for the State. The Council studied the type of jobs that would be generated around a transportation faCility; their estimates attributed to 2,600 to 4,500 jobs would accrue to the service sector at the interchanges. There was significant amount of baseline information to prove that transportation investment and economic development goes hand in hand. An adjacent study prepared two years ago by the Virginia Department of Transportation with Federal Highway Administration funds as part of an ISTEA grant identified a high priority corridor similar to the 480 proposed 1-73 is the TransAmerica corridor, which is a west to east coast facility. Emphasis was from Beckley, West Virginia, to Virginia Beach, Virginia. The Transportation Department looked at improving 1-64, U. S. 220, and U. S. 460 under two scenarios, controlled access facility versus an interstate facility, and the result in terms of job growth was a prediction for a freeway, a full interstate facility, 69,000 jobs would accrue from that type of transportation investment, with a controlled access facility and 27,000 jobs. 1996 Federal Hiqhwav Administration Studies One and Two The Federal Highway Administration conducted two studies in 1996. The first study evaluated over 4,500 construction projects nationwide, transportation construction projects between 1987-1993. The findings were for every billion dollars of transportation investment, construction projects would result in approximately 42,000 -44,000 jobs. The second project was an evaluation of the proper mix of projects versus public funds and transportation. The conclusion was earlier on in the 1940's and 1950's when there was an overwhelming amount of public dollars going into the infrastructure and transportation. The linkage between transportation investment and economic development is still extremely significant, particularly on a local level in terms of attracting private capital into the area. The conclusion from the study was that local level transportation dollars were very well spent, particularly in meeting those types of employment goals. 1996 National Cooperative Hiqhwav Research Proiect The National Cooperative Highway Research Project is an ongoing think tank that does research in terms of economic development. The Transportation Department studied various transportation issues, I.e., ridership, construction costs, and new technology. The National Cooperative Highway Research team studied 47 departments of transportation throughout the country, as well as six provinces in Canada, and evaluated approximately 140 different research studies linking or attempting to link economic impacts with transportation investment. With regard to highway investments, the focus was on the effects of by-pass construction on small to medium size towns, 481 and in terms of gross sales, retail and wholesale, and in employment, investments grew rapidly where communities had constructed by-passes versus controlled communities with no by-passes. 2000 Citv of Roanoke Studv The five factors noted in the Study that affected the City's economic base were: access to sites, travel time reduction, shifting of traffic volumes, congestion delay, and business disruption/relocations. Comparison analysis shows how the options or alternatives stack up in terms of economic factors that influence the City of Roanoke. Based on the results, Option 3 which will travel through the center of the City, had the most positive effect of all five factors; and no bill had the least effect or negative effect in terms of access, travel time, shifting traffic lines and congestion. The Transportation Department is under Congressional mandate to evaluate the interstate option for 1-73. The ISTEA funding in 1990, the National Highway System Act of 1995, and the T21 reenactment or reauthorization of the highway act and amendments thereto, 1-73 must be tied to or be built to interstate standards from Portsmouth, Ohio, to Charleston, South Carolina. The entire length of the corridor goes through Michigan to Canada; but from Portsmouth, Ohio, to Charleston, South Carolina, the Transportation Department is compelled to evaluate the interstate option and development of the purpose and need. Recent study completed by TransAmerica was done in Virginia comparing the upgrades of Routes 460, 220 and 64 to controlled access standards. Transportation Systems Managements (TSM) is a concept developed by the Federal Highway Administration as an alternative to squeeze as much capacity out of the urban area system as possible without provoking the need for additional lane capacity. TSM are a series of minor improvements for safety, signals, left turn lanes, operational features, etc. 482 Mr. Bestpitch inquired about the importance to build 1-73 in Virginia to a higher design standard than what is required by the transportation departments in West Virginia or North Carolina. Mr. Altizer stated that an interstate standard deals with lane width and design speed, and according to the Federal Highway Administration, it must be a limited access, grade separated highway before an interstate shield can be placed on it; and there cannot be intersections or traffic signals. Mr. Bestpitch added that if the City is going to experience a significant increase in traffic volume through Roanoke heading south, eventually, there will be a highway in North Carolina that is not built to the same capacity in terms of speed, etc. He also expressed concern about the flow of traffic down 1-73 to North Carolina that at some point would end at a roadway that is not built to the same standards as Virginia. Mr. Alitzer responded that whatever roadway is built by North Carolina will be of a high standard; and the State of North Carolina has been historically aggressive in its transportation system and has usually overbuilt for capacity rather than underbuilt. Mr. Lloyd commented on concerns expressed by citizens regarding the travel demand through the area. He noted that the Transportation Department is studying essentially eight lanes of capacity if Option 3 and parts of Option 2 are built (the 581 improvement); the Transportation Department has auxiliary lanes that are counted which will make the lane count higher between Orange Avenue and Elm Avenue; therefore, central Option 3 alternative was selected. Regardless of which alternative is selected, he stated that the Transportation Department will take a closer look at the interchanges and how they function. In response to the impact of building a new interstate either east or west or imposing 1-73 on 1-581 to the City's transportation system, he pointed out that there are new interchanges being proposed as the result of a new development at the Riverside Centre for Technology, and various issues will be addressed such as connecting arterials because interchanges attract traffic, capacity issues, grant configurations at interchanges, etc. He added that the Transportation Department will also take into account the network effect, the overall operation of the system, how the central alternative selection (Elm Avenue, Williamson Road, Wonju Street and Franklin Road) will operate. 483 With regard to air quality, Ms. Wyatt inquired as to whether or not sound and noise aesthetics will be addressed in the Draft Environmental Impact Statement and whether a proposal from the Transportation Department will be presented ahead of time. Mr. Lloyd responded that sound and noise aesthetics have been addressed in the draft statement; and in terms of regional air quality, all transportation projects on regional air quality in the Roanoke area is yet to be addressed. Mr. Bestpitch inquired about options in connection with 1-73 resulting in a net positive impact on air quality in the Roanoke Valley and specifically Roanoke City; whereupon, Mr. Lloyd stated that the Transportation Department is not predicting improvements with regard to air quality in the Roanoke Valley. In summary, Mr. Lloyd called attention to eight of the 11 built alternatives under consideration that will directly impact Roanoke one way or the other; the range of residential property is anywhere from a low of 78 dwelling units (apartment complex or single family detached home) up to 246; and there is a wide range of impact depending on which alternative is selected. With regard to commercial property, he added that depending upon the alternative selected, businesses could range anywhere from a low of 29 up to 40, non-profit properties could range from four to five; and information on the above referenced alternatives is documented in the right-of-way portion of the draft statement. Following additional comments by the Members of Council, Mr. Bestpitch moved that Council go on record as opposing the option designated by the Virginia Department of Transportation as 376 through the City of Roanoke and also opposing any other route through the City other than 374 and 375 as shown on a map presented by Department of Transportation representatives. The motion was seconded by Ms. Wyatt. The Mayor advised that he is not in favor of 376, but opposes tying the hands of the Department of Transportation as it studies the best possible route through the City of Roanoke. vote: There being no further comments, the motion was adopted by the following AYES: Council Members Harris, Wyatt and Bestpitch-------------------3. NAYS: Council Members Carder and Mayor Smith---------------------2. 484 (Council Member Hudson was not present when the vote was recorded, and Council Member White was absent.) At 1 :25 p.m., the Mayor declared the meeting in recess to be reconvened in the Council's Conference Room for three Closed Sessions. At 2:00 p. m., on Monday, February 5, 2001, the regular meeting of City Council reconvened in the Roanoke City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 21 5 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Mayor Smith presiding. PRESENT: Council Members William H. Carder, C. Nelson Harris, W. Alvin Hudson, Jr., William White, Sr., Linda F. Wyatt, William D. Bestpitch and Mayor Ral ph K. Smith-----------------------------------------------------7. ABSENT: None------------------------------------------- --------0. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by The Reverend Carl T. Tinsley, Pastor, First Baptist Church, Buena Vista, Virginia. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Smith. PRESENTATIONS AND ACKNOWLEDGMENTS: PROCLAMATIONS: The Mayor presented a proclamation declaring Monday, February 5,2001, asJunior League of Roanoke Valley, Virginia, Inc. Oh My Stars! Day. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. 485 MINUTES: Minutes of the regular meetings of Roanoke City Council held on Monday, August 7, 2000, and Monday, August 21, 2000, were before the body. (For full text, see Minutes on file in the City Clerk's Office.) Mr. Carder moved that the reading of the Minutes be dispensed with and that the Minutes be approved as recorded. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and MayorSmith---------------------------------------------------------7. ABSENT: None------------------------------------------- --------0. COMMITTEES-HOTEL ROANOKE CONFERENCE CENTER: A communication from James D. Ritchie, Deputy City Manager, tendering his resignation as a City representative to The Hotel Roanoke Conference Center Commission, effective April 1, 2001, was before Council. Mr. Carder moved that the resignation be accepted and that the communication be received and filed. The motion seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and MayorSmith---------------------------------------------------------7. ABSENT: None------------------------------------------- --------0. COMMITTEES-BLUE RIDGE BEHAVIORAL HEALTHCARE SERVICES: A communication from S. James Sikkema, Executive Director, Blue Ridge Behavioral Healthcare, advising of the resignation of Ann Janney-Schultz as a member of the Blue Ridge Behavioral Healthcare Board of Directors, was before Council. Mr. Carder moved that the resignation be accepted and that the communication be received and filed. The motion was seconded by Mr. Harris and adopted by the following vote: 486 AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and MayorSmith---------------------------------------------------------7. ABSENT: None------------------------------------------- --------0. COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP COMMITTEE: A communication from Mark Petersen tendering his resignation as a member of the Roanoke Neighborhood Partnership Steering Committee, was before Council. Mr. Carder moved that the resignation be accepted and that the communication be received and filed. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and MayorSmith---------------------------------------------------------7. ABSENT: None------------------------------------------- --------0. CITY PLANNING COMMISSION-HOUSING/ AUTHORITY-RIVERSIDE CENTRE: A communication from the City Manager requesting approval to advertise a Special Meeting of Council to conduct a joint public hearing on the South Jefferson Redevelopment Plan with the City Planning Commission and the Roanoke Redevelopment and Housing Authority on Monday, February 26, 2001, at 7:00 p.m., in Fitzpatrick Hall, at The Jefferson Center, 541 Luck Avenue, S. W., was before the body. Mr. Carder moved that Council concur in the request of the City Manager. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and Mayor Sm ith ---------------------------------------------------------7. NAYS: None-----------------------------------------------___--0. OATHS OF OFFICE-COMMITTEES-HUMAN DEVELOPMENT: A report of qualification of Clarence W. Hall as a member of the Advisory Board of Human Development, for a term ending November 30, 2004, was before Council. 487 Mr. Carder moved that the report of qualification be received and filed. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and MayorSmith---------------------------------------------------------7. NAYS: None----------------------------------------------------0. REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: ROANOKE NEIGHBORHOOD PARTNERSHIP-HOUSING: Ms. Gloria Dorma, 1327 Moorman Avenue, N. W., appeared before Council and reiterated her remarks which were presented at the October 4, 1999 Council meeting, in which she requested that Council and City staff consider the matter of housing density in connection with new housing construction, particularly in the northwest section of the City of Roanoke. She asked that her remarks be referred not only to the City Manager, but to the City Attorney for review as to any legal ramifications. ARMORY /STADIUM-SCHOOLS-YOUTH: Lieutenant Colonel Harry C. Garner, Department of the United States Army, Roanoke Recruiting Station, appeared before Council and spoke in support of U. S. Army opportunities. He stated that the military instills discipline, ethics, morals and values in today's youth; and highlighted educational opportunities available to youth during and after enlistment in the U. S. Army. Mr. Bestpitch moved that Council support U. S. Army opportunities. The motion was seconded by Ms. Wyatt and unanimously adopted. PETITIONS AND COMMUNICATIONS: BUDGET-CITY CLERK-CITY EMPLOYEES: A communication from Council Member C. Nelson Harris, Chair, City Council Personnel Committee, requesting that establishment of an Assistant City Clerk position in the City Clerk's Office be referred to fiscal year 2001-02 budget study, was before the body. It was advised that as a part of the City Clerk's mid-year performance evaluation with the Members of Council in January, 2001, she requested that Council authorize the establishment of an Assistant City Clerk position to be 488 responsible primarily for assisting with electronic City Council agenda preparation, document imaging and training of staff, updating various records management data, and other related duties. Mr. Harris moved that the matter be referred to fiscal year 2001-02 budget study. The motion was seconded by Mr. Carder and unanimously adopted. BUDGET-TAXES: A communication from Council Member William White, Sr., requesting that the matter of an increase in the City's transient room tax be referred to fiscal year 2001-02 budget study, was before Council. Mr. White spoke in support of an increase of one cent in the Transient Room Tax, effective July 1, 2001, which would result in approximately a $314,000.00 increase in annual revenue to the City; and that the increased revenue be reserved for the Roanoke Valley Convention and Visitors Bureau, or the City's designee, for use in marketing efforts. He cited the following benefits: The tax would be paid almost entirely by visitors from outside the City of Roanoke. By directing the increased revenue to the Roanoke Valley Convention and Visitors Bureau, the City has an opportunity to increase other taxes: i.e., the sales tax and the meals tax. The City's tax base will be improved since less reliance will have to be placed on real estate taxes, thus, improving the integrity of the City's tax base. If the City provides adequate funding to the Convention and Visitors Bureau, other participating jurisdictions will follow and increase their funding. The City will then have an adequate budget to sufficiently market the Roanoke Valley and benefit all of its citizens. Mayor Smith advised that he has not supported tax increases in the past, and therefore, would abstain from voting on the matter. There being no further discussion, Mr. White moved that the matter be referred to 2001-02 budget study. The motion was seconded by Mr. Bestpitch and adopted, Mayor Smith abstained from voting. 489 REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: WATER DEPARTMENT: The City Manager introduced Michael McEvoy, Director of Utilities, for a presentation with regard to the Crystal Springs Pumping Station. Mr. McEvoy highlighted the following: The City's Water System is unique due to the topography. The elevation at Carvins Cove Reservoir allows the City to produce the water which cuts down on pumping and electrical costs and to serve the higher elevations in the City's service area. The City pumps smaller amounts of water into storage tanks that serve individual neighborhoods and sections of the City. The three primary water sources in the City's system are Carvins Cove Reservoir, a 28 million gallon per day surface water treatment plant, which is fed by rainfall and several creeks in the watershed; the Falling Creek facility, located on the eastern side of the City, is a 1.5 million gallon per day facility that serves primarily the eastern service boundaries of the City's water system; and the Crystal Springs facility which was once the City's primary water source for a number of years. Water mains are constructed of two types of materials, I.e.: cast iron which was in service from the 1880's, and since 1965, the City has used ductile iron pipe, which is a more flexible pipe that allows for better durability during colder conditions. A number of main breaks during the winter were primarily due to cold weather, and the City experienced over 100 main breaks in December 2000 and early January 2001, which were of cast iron pipe or associated with the cast iron pipe that was installed between 1945 an 1965. 490 Current initiatives underway are the ground water development program which has been moderately successful; some successful wells at the Carvins Cove facility, investigation of a well at the Muse Spring facility, and planning of a regional water supply study with the Roanoke Valley-Allegheny Regional Planning Commission. City staff is revising current conservation plans, studying a water source assessment of the Carvins Cove facility, restructuring the utility rate system which does not promote conservation; reviewing details with regard to the purchase of water; and refining the pricing of water purchased by other jurisdictions. Future initiatives include capital facilities planning, increased support for fire protection in the community; development of a program to replace aging water mains, and performance measures to streamline operations. Mr. McEvoy called attention to the Crystal Springs facility which once was a water source for the City of Roanoke for a number of years providing excellent water quality; a typical flow from Crystal Spring is 3!1.1 to 4 million gallons per day unaided by any pumping that comes naturally to the surface; and in 1996, revisions to the Safe Drinking Water Act required the filtering of systems similar to Crystal Springs. He noted that although Crystal Springs is a water source of good quality, it fits the description that the Safe Drinking Water Act was intended to protect against; and the City is currently studying a process to be used at Crystal Springs known as "microfiltration," or a physical filtration of the water. Mr. McEvoy stated that the Engineering Department has established a competitive bidd ing process with two primary vendors who use the microfiltration equipment to encourage competition. He further stated that some of the advantages of a microfiltration system over the conventional treatment is that the process is an established technology and an automated operation that does not require labor and the Health Department does not require a dedicated operator. 491 Mr. McEvoy indicated that the primary advantage of the microfiltration system is the size; Crystal Springs Pumping Station has limited space, therefore, it would be impossible to construct a conventional water treatment plant at that location; and the disadvantage is that the microfiltration system reaches an economic breakpoint at about six million gallons per day; when capacity is exceeded, it becomes more cost efficient to install a conventional filtration plant; and filter cell replacement could be an issue when cells plug up over time and must be replaced. Mr. McEvoy reviewed the following project schedule: Receive bids on the equipment in February 2001; Select a vendor; Bids due in March, 2001 ; Complete design and bid construction in September 2001; and Completion of facility in May 2002. Mr. McEvoy advised that construction of the Crystal Springs filtration system is estimated to cost $6.5 million, but could be less following completion of the design phase and possible funding sources. In response to an inquiry regarding a potential regional water authority with Roanoke County to share water at the Spring Hollow Reservoir, he advised that Roanoke County is allowed to pump water out of the Roanoke River into the Spring Hollow Reservoir during certain periods of the year; and although Spring Hollow is a newer reservoir with a lot of storage capacity, Roanoke County has similar issues and actually looks to the City of Roanoke in the event of a drought. Mr. McEvoy stated that Roanoke County and the City of Roanoke have a number of interconnections, both localities trade water daily, serve different areas, have the ability to purchase up to four million gallons per day of water from each other; however, the purchase of water from Roanoke County is much more expensive. He further stated that the City of Roanoke and Roanoke County are working on a joint project involving installation of a water line along Loch Haven Road that will boost service pressures for both localities. The City Manager advised that a study committee was formed as a first step toward the concept of identifying future needs, rate restructuring, and promoting conservation in general; and the end result is to create a regional solution to water issues. 492 The City Manager stated that the briefing was for information purposes and she would report to Council following award of the construction bid. PARKS AND RECREATION-TRAFFIC: Philip C. Schirmer, City Engineer, presented a briefing on a plan for proposed improvements along Wiley Drive. He stated that the plan provides for more than one and one-half miles of continuous greenway and accommodates one way vehicular traffic eastbound from Wasena Park toward Smith Park, makes good use of existing resources and uses existing pavement; the plan was a collaborative effort among City staff representing Engineering, Parks and Recreation, and the Planning Departments; and the City's Greenway Commission members, Barry Baird, Lucy Ellet and Bob Fetzer, provided input to the plan, the plan was reviewed by Liz Belcher, Roanoke Regional Greenways Coordinator, and two mobility impaired citizens, Christine Montgomery and Gordon Davidson. He reviewed the following details of the plan: Tvpical Section . Narrow vehicular lane - - traffic calming . Generous trail section, generally 11 feet or more Median Barrier · Provides separation of trail users and motor vehicles . Two foot wide, six inch raised median . Planter boxes Plan Orientation Pedestrian Crossinqs . Safety . Traffic Islands Trail Head Parkinq · Approximately 90 parking spaces, each has handicap van accessible spaces 493 Liqhted Facilitv . Existing street lights Heiqht Restrictions . standard school bus 10' 6" . handicap school bus 9' 0" Wasena Park · Proposing less permanent improvements, impact of the Corp of Engineers Flood Reduction Project, very tight budget, $200,000.00 Schedule · With the governing body's endorsement, could be completed by mid- summer. Mr. Hudson asked for clarification concerning the traffic pattern of Wiley Drive between Franklin Road and Roanoke Memorial Hospital; whereupon, Mr. Schirmer confirmed that Wiley Drive would remain a two-way street in that area. Ms. Wyatt commented that Smith Park was the only area Council voted to make one way traffic, causing traffic through Wasena Park to be one way and limiting access by larger buses would greatly affect access by school children because it would be cost prohibitive for the schools to place regular classes of children on large buses, and special education children on smaller buses, therefore, she inquired as to how the buses would exit the parking area of Was en a Park. Mr. Schirmer responded that buses would go in from Winchester Avenue at the far end of Wasena Park, traverse through Wasena Park and come out at the Winchester /Winona intersection, which would require using a smaller bus to access Smith Park. Ms. Wyatt stated that special education children are integrated into regular classrooms, it would be cost prohibitive for a school to transport regular and special needs children in separate buses, and doing so would violate several Federal laws. Mr. Schirmer responded that City staff was asked to explore a one 494 way plan, the Franklin Road Bridge was identified as a constraint and could not be addressed without the expenditure of large sums of money, and using smaller buses in order to go under the bridge was an option. Ms. Wyatt reiterated that it was not an issue of acceptability, but violation of Federal laws; whereupon, Mr. Schirmer suggested that the matter be reviewed by the City Attorney. Mr. Carder inquired about stop signs at pedestrian crosswalks. Mr. Schirmer responded that some type of regulatory warning sign would be placed at such locations. Mr. Carder suggested that stop signs be installed for all traffic, inasmuch as bike riders and skate boarders approach intersections rather quickly, and that consideration be given to posting the speed limit at 13 mph versus 15 mph. Mr. Bestpitch clarified that the motion that was adopted by Council on October 16, 2000 was, in essence, that those persons who wanted to keep Smith Park completely closed to vehicular traffic would give up half of the width for one way vehicular traffic, but would gain the length of Wasena Park; and one way design would extend all the way from the east end of Smith Park to the west end of Wasena Park. He expressed regret that some Members of Council were confused over the wording of the motion. He stated that he appreciated the concern regarding access for those persons who have disabilities insofar as the ability to drive back and forth underneath the Franklin Road Bridge, however, that issue has nothing to do with the proposal to extend one way traffic and to allow a lane for non vehicular use through Wasena Park; and any proposal to open Smith Park to one way traffic only would encounter the same problem of the height restriction of the Franklin Road Bridge. Mr. Hudson expressed confusion regarding the motion that was adopted by Council on October 16, 2000, and advised that his understanding of the motion was that there would be one way traffic from Winona Avenue down to Wiley Drive with barriers and the greenway. He stated that to close access to Wasena Park by one way traffic would create an inconvenience to school children and all other persons who use the park. 495 Mr. White asked City staff for clarification that whatever improvements are made can be removed at some point in time due to the Roanoke River Flood Reduction Project. Mr. Schirmer responded that the current plan calls for the roadway surface of Wiley Drive to be removed from the extreme western end at Winchester Avenue to the former transportation museum, the vehicular way would be lost but a trail section is planned through the area, and City staff was looking for an inexpensive, temporary-type measure for Wasena Park, with the knowledge that improvements could potentially be lost within approximately two years. Mr. White spoke in support of not disturbing Wasena Park until the Corp of Engineers completes the Roanoke River Flood Reduction Project, because to make improvements now and include Wasena Park in the project will be a waste of taxpayers' money. In addition, he stated that there was confusion about the motion adopted by Council on October 16, 2000, inasmuch as some Members of Council were of the understanding that there would be one way traffic from Winona Avenue through Smith Park. If the Roanoke River Flood Reduction Project moves forward, Mayor Smith inquired if the remainder of the project could be completed without Wasena Park. The City Manager responded that City staff is not adverse to limiting the area to that which was initially under consideration, however, action by Council would be necessary to effect any changes. Following discussion, the City Attorney stated that Council could request that the matter be brought back to the Council floor with a report by the City Manager as a new matter, without requiring a motion, and it would then be necessary for Council to amend the motion previously adopted. Mr. White moved that Council receive the City Manager's report, with objection, and instruct the City Manager to review implications, if any, of not including Wasena Park and that a report by the City Manager be submitted to Council at its next regular meeting on Tuesday, February 20, 2001. The motion was seconded by Mr. Hudson. Ms. Wyatt offered an amendment to the motion to include a proposal that will address children with disabilities that will allow for full access to the area. The amendment was seconded by Mr. Hudson. . 496 Mr. Bestpitch expressed concern with regard to Council reconsidering a compromise solution that was adopted by motion of Council on October 16, 2000, which addresses the concerns of those persons who oppose any vehiculartraffic in Smith Park in the future. Upon question, the City Manager stated that she would not be comfortable in moving forward without reviewing the Americans With Disabilities Act; and there are solutions concerning the height of the Franklin Road Bridge which will involve a considerable sum of money; whereupon, she requested two weeks in which to review the matter. In the interest of time, Mr. Harris advised that he would support the motion; however, he encouraged Members of Council to raise questions whenever clarification of a motion is in order. Mr. Hudson called for the question. The motion was seconded by Mr. Harris and unanimously adopted. The motion offered by Mr. White, seconded by Mr. Hudson, as amended, was adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt and Mayor Smith---------------------------------------------------------------6. NAYS: Council Member Bestpitch-----------------------------------1. CITY GOVERNMENT-INTERNET: The City Manager introduced Craig Fifer, the City's Webmaster, for an update to the new Roanoke web site. Mr. Fifer advised that since August 1996, approximately two million visitors have accessed information on the City's website. He called attention to improvements to the web site, i.e., aesthetics of the homepage since its inception, which incorporates more interactivity, creation of a site for interaction with City government, the ability to transact business with City Hall, and to offer ideas and suggestions, as well as reference material that has been on-line for some time. 497 Mr. Fifer highlighted the following with regard to the newly web site: . a much more modern look · the two most visually remarkable scenes of the City; the star and the skyline · a new site name which is easier to remember: roanokegov.com · a service oriented approach, ratherthan departmental approach · a site that is divided into a number of different perspectives: three categories for visitors - Living in Roanoke, Visiting Roanoke, and Doing Business, which are linked to different web sites such as the Roanoke Valley Convention and Visitors Bureau, Downtown Roanoke, Incorporated, etc., business forms, tax information, economic development incentives and assistance programs, FAQ's · information on addresses, telephone numbers, and e-mail addresses to contact the City, with a section on City Council where one can access information on how to contact a member of Council, with fully integrated e-mail to the contact information, each Member of Council has an e-mail address, and messages can be forwarded to the Members of Council · access to agendas for Council meetings back to 1996, and the ability to download the entire Council package prior to a Council meeting · web casting of Council meetings will begin in the near future using RVTV equipment to cable cast meetings · access to the Roanoke City Code · a repository of forms that can be downloaded or printed to assist in transacting business with the City 498 · a section of maps and data where one can type in an address and receive directions to Roanoke, or see a map of any location in the City · links to various related websites ranging from elected officials at local, state, and federal levels, to cultural service organizations, and to other localities and attractions in the area . a guest book where one can leave feedback . an index with an alphabetical listing of all features on the web site . new interactive features such as the on line job application system . use of a major credit card to pay taxes, parking tickets, utility bills, and ambulance billing on line · a City wide calendar of events where on can brouse and search . access to the Roanoke Valley Public Library catalog · a geographic information system which incorporates and integrates all City real estate, tax and utility mapping with assessment data Without objection by Council, the Mayor advised that the briefing would be received and filed. ITEMS RECOMMENDED FOR ACTION: COMMERCIAL PRINTING SERVICES-SCHOOLS: The City Manager submitted a communication advising that on November 19, 1999, the Department of Management Services was authorized to enter into a one-year contract with Woody Graphics, Inc., to provide commercial offset printing services for City departments and agencies at an annual cost of $51,307.00, which contract will expire on January 31, 2001; in anticipation of expiration of the printing contract and acting 499 on a suggestion from a Member of the Roanoke City School Board, staff of the Office of Management and Budget met with a representative of the Roanoke City Public Schools to determine if there were areas of operation that could be accomplished through ajoint effort; and Roanoke County was also represented at the meeting. It was further advised that common services used by each entity include: The Citv of Roanoke provides in-house courier services and contracts out commercial offset printing, postage/presorting, and back-up courier service. Roanoke Citv Public Schools provide in-house courier services, printing services through an in-house copier operation, and contracts out for postage/presorting, and is interested in contracting out some of its printing. Roanoke Countv provides in-house courier services and contracts out commercial offset printing and postage, and has a need for occasional courier back-up. It was stated that because the three entities are spread out geographically, have copier technology capabilities in-house rather than commercial-grade offset printing, and individually cannot provide services to the other entities without adding staff and equipment, all of which would significantly increase the cost of the services to be provided, would make it impractical to share the services; therefore, the recommendation is to share "joint contracts" instead, which will allow the entities to use services at one low contract price; it was agreed that as the City's printing, courier, and postage contracts become eligible for rebid, the three entities will work together to develop specifications and effect the shared contract coverage; formal bids were requested for full commercial offset printing services on behalf of the City of Roanoke and back-up printing services for Roanoke City Public Schools, and Roanoke County chose not to participate at this time. 500 It was explained that the lowest responsible bid meeting specifications was submitted by Woody Graphics, Inc., at an annual cost of $51 ,307.00, which is the same annual cost of the City's current printing contract; funding for printing services is available in user department operating accounts; and the cost over the five year life of the contract is approximately $256,535.00 for services provided to the City of Roanoke. The City Manager recommended that she be authorized to enter into a one- year agreement with Woody Graphics, Inc., with the option to renew for four additional one-year periods, for commercial offset printing services at various costs per impression, totaling approximately $51,307.00 per year, or approximately $256,535.00 overthe five-year period ofthe contract; and reject all other bids received by the City. Mr. Harris offered the following resolution: (#35194-020501) A RESOLUTION accepting the bid of Woody Graphics, Inc., to provide commercial printing services, upon certain terms and conditions, and awarding a contract therefore; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. (For full text of Resolution, see Resolution Book No. 64, Page 102.) Mr. Harris moved the adoption of Resolution No. 35194-020501. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and MayorSmith---------------------------------------------------------7. NAYS: None----------------------------------------------------0. AFFIRMATIVE ACTION: The City Manager submitted a communication with regard to the City's affirmative action goals and efforts during the past year. She advised that it has been a difficult and challenging year with regard to filling vacancies because of the low unemployment rate, which makes the accomplishment of affirmative action goals and achieving diversity in the organization more challenging; in many respects, positions have been held open rather than make choices that might not allow for greater diversity to be achieved; 501 and she is committed to seeking the best and brightest candidates to fill the positions with the City Administration. She expressed disappointment with the lack of achievement in some areas and stated that some procedures have been in place that not only make managers more accountable and responsible, but have increased sensitivity to the issue during the last year. Mr. White noted that after reading the report and narrative, it appears that the City has been standing still; however, some of his concerns with regard to diversity, the lack of opportunity for promotion, and retention of talented individuals, have been addressed by the City Manager. He reiterated a previous request that the City's Affirmative Action and Diversity Initiatives report be submitted to Council, automatically, by the City Manager on an annual basis. Ms. Wyatt advised that the report was fairly accurate and honest and expressed concern with regard to the 64.7 per cent of managers who represent white males, an increase of 9.1 per cent, which is almost 2 to 1, which creates a situation or a norm for an organization that can be subtly and insidiously biased. She encouraged the City Manager to consider implementation of certain types of intensive diversity training programs for the City's managerial staff. Ms. Angela Norman, 1731 Michael Street, N. W., advised that she presented the same concerns, I.e., favoritism and discrimination in the hiring and promotional practices of municipal government, at the September 22, 1997, meeting of Council. She pointed out that the report states that the "City of Roanoke strives to be a model employer by building and maintaining a workforce that reflects the rich diversity of the customers it serves"; however, this and previous diversity reports reflect otherwise. Ms. Norman stated that in comparing of the revised Affirmative Action Plan of 1984 workforce analysis report and the December 2000 Affirmative Action report, hiring and promotional decisions continue to be decided by a majority of white males and white females. She suggested that Council closely scrutinize the gaps of years when minorities were hired or promoted and hiring and promotional decisions should always be the result of the best qualified applicant. Brenda Hale, President of the Roanoke Branch, NAACP, 3595 Parkwood Drive, S. W., advised that she has the collaboration of the Roanoke Branch of the NAACP, and the chairman and committee members of the Labor and Industry Team, which consists of EEO managers and supervisors who stand ready to serve the community. She stated that she was concerned to read that four departments 502 within the City are without a minority employee, with only one minority hire in another City department. She further stated that there should be a concerted effort to provide diversity training for the 1,080 City employees; according to statistics in the report, the City has a failing grade as it relates to people of color and in positions that are filled by females; no data is available regarding outreach recruitment; and figures clearly indicate that change should be of the utmost importance. She inquired about the number of recruit candidates of color from military installations and traditionally black colleges and universities, and if the four students of color mentioned in the report represent an increase in percentage or a status quo from previous years. She commended the City Manager on her efforts to seek potential minority applicants, and requested that the same effort be made toward recruiting minority applicants in management and higher level City positions. Mr. Bestpitch stated that the City Administration is interested in listening to suggestions and recommendations. He noted that the report indicates that the City has achieved some positive outputs, but still has a way to go. He further stated that outcomes cannot be abandoned, efforts must be continued, and it is hoped that the community will work with the City to spread the message that the City of Roanoke is a good place to work. Without objection by Council, the Mayor advised that the report would be received and filed. POLICE DEPARTMENT: The City Manager submitted a communication advising that the City entered into a contractual agreement with Thor, Inc., for construction ofthe New Police Building, in the amount of $4,015,200.00, with 390 consecutive calendar days construction time, and a completion date of May 2001 ; and six change orders have been approved to date. It was further advised that proposed Change Order No.7 will provide for a storm drainage system to drain the rear and side areas of the building; a storm drain with four manholes will be installed from the back of the building to Campbell Avenue, down to the existing storm drain in front of the City Jail, which includes three new manholes, plus one drop inlet; installation takes into consideration the second phase construction of the building; and cost for the revised grading and addition of a storm drain is $50,637.00. 503 The City Manager recommended that she be authorized to execute Change Order No.7, in a form to be approved by the City Attorney, with Thor, Inc., in the amount of $50,637.00, with zero additional calendar days of contract time. Mr. Bestpitch offered the following emergency ordinance: (#35196-020501) AN ORDINANCE authorizing the City Manager's issuance of Change Order No.7 to the City's contract with Thor, Incorporated, for revised grading and addition of a storm drain; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64, Page 104.) Mr. Bestpitch moved the adoption of Ordinance No. 35196-020501. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and MayorSmith---------------------------------------------------------7. NAYS: None----------------------------------------------------0. POLICE DEPARTMENT -BUDGET -GRANTS: The City Manager su bmitted a communication advising that the Virginia Department of Criminal Justice Services (DCJS) provides grant funding for programs and activities which increase the apprehension, prosecution, and adjudication of persons committing violent crimes against women; and the Virginia Services, Training, Officers, Prosecution Program (V-STOP), Violence Against Women, has funded establishment of a Domestic Violence Unit within the Roanoke Police Department since 1999. It was further advised that on December 29, 2000, DCJS awarded the Roanoke Police Department $33,754.00 to employ a full-time, non-sworn, Domestic Violence Specialist, thereby, allowing conti nation of the Domestic Violence Unit in calendar year 2001; the required City in-kind match, in the amount of $21,308.00, will be met through the salary paid to current Police Department personnel; and it is anticipated that DCJS funding will continue through the year 2003. 504 It was stated that the Police Department's Domestic Violence Unit collects and interprets relevant domestic violence offense data, which allows proactive case intervention and cultivation of cooperative working relationships with clients and service/adjudication agencies; the program produces more equitable victim- offender criminal justice dispositions related to domestic violence offenses; and the Police Department's Domestic Violence Unit has served an average of 96 domestic violence victims each month since its inception. The City Manager recommended acceptance of the V-Stop grant, in the amount of $33,754.00; that she be authorized to execute the necessary grant agreements; and that Council appropriate $33,754.00 from the V-Stop grant program to accounts to be established by the Director of Finance. Mr. Hudson offered the following emergency budget ordinance: (#35197-020501) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64, Page 105.) Mr. Hudson moved the adoption of Ordinance No. 35197-020501. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and MayorSmith---------------------------------------------------------7. NAYS: None----------------------------------------------------0. Mr. Hudson offered the following resolution: (#35198-020501) A RESOLUTION authorizing the acceptance of a certain Virginia Services, Training, Officers, Prosecution (V-Stop), Violence Against Women Grant from the Virginia Department of Criminal Justice Services and authorizing execution of any required documentation on behalf of the City. (For full text of Resolution, see Resolution Book No. 64, Page 106.) 505 Mr. Hudson moved the adoption of Resolution No. 35198-020501. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and MayorSmith---------------------------------------------------------7. NAYS: None----------------------------------------------------0. BUDGET-PARKS AND RECREATION-CMERP: The City Manager submitted communication advising that construction of the Mill Mountain Center is almost complete and the facility is scheduled to open to the public in early Spring; funding has been limited for the project; and in order to construct a first class facility at Roanoke's premier park, the Parks and Recreation Department has secured approximately $64,000.00 in donated funds, goods and services. It was further advised that several needed changes in construction plans created a $10,500.00 shortfall in capital funding which included removal of an already installed wall, upgrading the floor finish, and a combination of other small changes to improve both the interior and exterior of the facility, which amount is part of Change Order No.4; and the project has had four change orders totaling $80,376.00, or 1 5 per cent of the original contract, in the amount of $530,957.00. The City Manager recommended that Council authorize the transfer of $10,500.00 in CMERP funds currently in Operating Account No. 001-620-7110- 2035, to Capital Account No. 008-052-9711-9065, in order to complete payment for construction of the Mill Mountain Center. Mr. White offered the following emergency budget ordinance: (#35199-020501) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 General and Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64, Page 107.) 506 Mr. White moved the adoption of Ordinance No. 35199-020501. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and MayorSmith---------------------------------------------------------7. NAYS: None----------------------------------------------------0. CREDIT CARD-PURCHASING-CITY EMPLOYEES: The City Manager submitted a communication advising that the Finance Director previously briefed the Council on the benefits of purchasing cards which would facilitate purchasing for small transactions and create processing efficiency through payment of one bill, and replacing numerous payments to many individual vendors; purchasing cards are a "best practice" as identified by the Government Finance Officers Association; and the Commonwealth of Virginia and numerous Virginia localities currently use cards. It was further advised that written administrative policies and procedures will delineate employee responsibility, spending and transaction limits, clear guidelines on the appropriate uses of credit cards, including approved and unapproved merchant category codes and guidelines for making necessary purchases; and appropriate management approval will be required to authorize card issuance. It was stated that proposals for purchasing card services were requested; three proposals were received and evaluated in a consistent manner by a proposal committee; interviews were conducted and negotiations were completed in accordance with Chapter 23.1, Procurement, Code of the City of Roanoke (1979), as amended, with The First National Bank of Atlanta, d/b/a Wachovia Bank Card Services, ranking in the first position; and under terms of the proposal and contract, Wachovia Bank Card Services will provide the City with purchasing cards for authorized departments and employees of authorized departments. It was explained that cash advances will not be permitted under the contract; Wachovia will provide software allowing the City to access its account information electronically, installation assistance, training and customer support; Wachovia has proposed that almost all fees will be waived; and the only charges that the City could potentially incur would be fees for late payments, or an early contract termination fee for terminating the contract before the initial one year term. 507 It was pointed out that the proposed agreement provides that the City shall indemnify and hold harmless Wachovia Bank Card Services for, from and against any and all liabilities which may be incurred by Wachovia Bank Card Services because of any and all acts of omission or commission by the City, its officers, agents or employees in any way relating to or arising out of the agreement; the City shall not be liable for indemnification if liability arises from negligence, gross negligence or willful misconduct ofWachovia Bank Card Services; and the City has not waived its sovereign immunity, but has specifically preserved the same in the proposed agreement. The Bid Committee recommended that the City Manager be authorized to enter into a contract, in a form to be approved by the City Attorney, with The First National Bank of Atlanta, d/b/a Wachovia Bank Card Services of Atlanta, Georgia, to provide purchasing card services for a period of one year with the option by both parties, in writing, to renew for two additional one year periods. The City Manager concurred in the recommendation of the Bid Committee. Mr. Harris offered the follOWing resolution: (#35200-020501) A RESOULTION accepting the proposal of The First National Bank of Atlanta, d/b/a Wachovia Bank Card Services, to provide purchasing cards for small purchases and travel expenses, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such services; and rejecting all other proposals made to the City for the services. (For full text of Resolution, see Resolution Book No. 64, Page 109.) Mr. Harris moved the adoption of Resolution No. 35200-020501. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and MayorSmith---------------------------------------------------------7. NAYS: None----------------------------------------------------0. 508 SCHOOLS-PARKS AND RECREATION: The City Manager submitted a communication advising that the Jackson Fitness Center is scheduled to open by March 1, 2001 ; the Parks and Recreation Department opened its first fitness center in partnership with the Roanoke City Public Schools at Breckinridge Middle School in October 1997, followed by fitness center openings at Woodrow Wilson Middle School in November 1998, and Addison Middle School in December 1999; and the opening of the fourth fitness center at Jackson Middle School will provide fitness center access in all four quadrants of the City. It was further advised that a fitness room has been prepared at Jackson Middle School and is awaiting arrival of the equipment; Roanoke City Public Schools will use the fitness room and equipment for physical education classes and sports conditioning; Parks and Recreation will operate the facility as a fitness center, open to the general public during non-school hours; details ofthe rights of both Parks and Recreation and the Roanoke City School Board are contained in a proposed Agreement; and the following fees are charged at the other three City operated fitness centers: City Resident - monthly City Resident - per visit Non-City Resident - monthly Non-City Resident - per visit $15.00 $ 4.00 $22.00 $ 5.00 The City Manager recommended that she be authorized to execute the Agreement, to be approved as to form by the City Attorney. Mr. Hudson offered the following resolution: (#35201-020501) A RESOLUTION authorizing the City Manager to execute an agreement between the Roanoke City School Board and the City of Roanoke, allowing the City to operate a fitness center at the Jackson Middle School for use by the general public, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 64, Page 110.) 509 Mr. Hudson moved the adoption of Resolution No. 35201-020501. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and MayorSmith---------------------------------------------------------7. NAYS: None----------------------------------------------------0. FEE COMPENDIUM-SCHOOLS-PARKS AND RECREATION: The City Manager submitted a communication advising that public fitness centers are currently being operated in three Roanoke City Public Middle Schools: Breckinridge, (1997); Woodrow Wilson, (1998); and Addison, (1999); a new fitness center at Jackson Middle School is scheduled to open by March 1, 2001; each fitness center offers cardiovascular and circuit training equipment to the general public during non-school hours, while each is used by the schools to enhance their physical education programs during school hours; and current fees for public usage are $15.00 per month, or $4.00 per visit, for city residents and $22.00 per month, or $5.00 per visit, for non-city residents. It was further advised that Council previously approved minimum user fees for the facilities to be no less than $10.00 per month, or $2.00 per visit for City residents, and $15.00 per month, or $3.00 per visit for non-city residents, and authorized the Manager (now Director) of Parks and Recreation to adjust fees accordingly to similarly situated fitness centers and equal to fees charged at all other City operated fitness centers; and since the first fitness center opened,rates were adjusted on one occasion to encourage usage during non-peak time and to reflect changing operating costs. It was stated that to encourage employees to improve their physical fitness and to become a healthier workforce, it is recommended that Council approve a discounted rate of $10.00 per month for all full-time City and School Board employees, regardless of where they reside, for the use of fitness centers effective March 1,2001; and program kickoff will be preceded by an awareness campaign, including meetings, City Page announcement, and informational brochures for employees. 510 The City Manager recommended that: City Council amend resolutions pertaining to Addison (#34514-102099), Breckinridge (#33609-100697), and Woodrow Wilson (#34029-100798) Fitness Centers to allow City and School employees, including those employees who do not reside within the City of Roanoke, to pay the recommended $10.00 per month discount rate. Council authorize amendments to Agreements with the Roanoke City School Board for operating Woodrow Wilson and Breckinridge Fitness Centers to permit a $10.00 per month discounted rate. Add to the Fee Compendium to reflect the following fee schedule for all City run fitness centers and permit the Director of Parks and Recreation to adjust said fees so long as the fees charged to any user within each group are equal and such fees are not less than the fees charged to users of similarly situated fitness centers not operated by the City of Roanoke. Persons providing proof of full time employment by the City of Roanoke or City of Roanoke School Board Monthly Fee $10.00 Dailv Fee Persons providing proof of 15.00 residency in the City of Roanoke but who are not employed by the City of Roanoke or the City of Roanoke School Board $4.00 511 Mr. Harris offered the following resolution: (#35202-020501) A RESOLUTION amending the City's Fee Compendium to establish uniform fees for use of certain fitness centers operated by the City of Roanoke; amending certain resolutions to the extent they may be inconsistent with this amendment; and authorizing amendments to the operating agreements for certain fitness centers. (For full text of Resolution, see Resolution Book 64, Page 110.) Mr. Harris moved the adoption of Resolution No. 35202-020501. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and Mayor Sm ith ---------------------------------------------------------7. NAYS: None----------------------------------------------------0. HEALTH DEPARTMENT-BUDGET: The City Manager submitted a communication advising that Section 32.1-31, Code of Virginia, 1950, as amended, authorizes the City to enter into a contract with the State Board of Health for operation of the local health department in the City; the contract between the City and the Board must specify services to be provided, in addition to services required by law, and must contain other provisions as the Board and the City may agree upon. It was further advised that the contact has an automatic year to year renewal; the amount of funds dedicated to the contract for each fiscal year is negotiated and agreed upon; an agreement between the Commonwealth of Virginia and City of Roanoke is necessary for proper billing to localities for health and environmental services; the initial local required match amount of $1 ,061 ,202.00 (40.36%) of the total cooperative budget was included in the Fiscal Year 2000- 2001 Resource Allocation Plan adopted by Council in May 2000; and an additional amount of $85,208.00 is required to match additional State funding. 512 It was stated that funding is available in Account No. 001-121-2138-2008, Residential Detention Services, as actual utilization of bed space has been less than the initial projection; and the 2000-2001 Health Department Budget is based on approved funding as follows: State Local Match $1,605,849.00 (59.64%) $1.146.412.00 (40.36%) $2,755,261.00 The City Manager recommended that Council authorize the transfer of $85,208.00 from Account No. 001-121-2130-2008, Residential Detention Services, to Account No. 001-630-5110-3700, Health Department Subsidies, and that she, or her designee, be authorized to execute the agreement, in a form to be approved by the City Attorney, with the State Health Department as provided by State law. Ms. Wyatt offered the following emergency budget ordinance: (#35203-020501) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64, Page 112.) Ms. Wyatt moved the adoption of Ordinance No. 35203-020501. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and MayorSmith---------------------------------------------------------7. NAYS: None----------------------------------------------------0. Mr. Harris offered the following resolution: (#35204-020501) A RESOLUTION authorizing the City Manager or her designee to enter into a contract with the Virginia Department of Health relating to the operation of the local Health Department, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 64, Page 113.) 513 Mr. Harris moved the adoption of Resolution No. 35204-020501. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and MayorSmith---------------------------------------------------------7. NAYS: None----------------------------------------------------0. BUDGET -LEASES-EQUIPMENT: The City Manager and the Director of Finance submitted a joint written report advising that three areas of equipment were identified during the past year totaling $2,503,000.00 that could not be purchased from currently available budgetary funds; and various reports to Council included a recommendation to lease purchase the respective equipment as a strategy to acquire and pay for the equipment over future budget years, I.e.: A construction bid was accepted for the new police building in February 2000, funded primarily by bond funds. A February 22, 2000, Council report recommended furniture and equipment, estimated to cost approximately $700,000.00, be acquired through lease purchase. Estimated completion ofthe building is April 2001, so equipment and furniture need to be ordered soon. A Council report dated October 2,2000, on the Capital Maintenance and Equipment Replacement Program (CMERP) recommended replacing $2,303,000.00 of vehicles and equipment, $1,353,000.00 of which was recommended to be lease purchased. In conjunction with the recommendation of the CMERP program for technology funding, a December 18, 2000, Council report recommended a program of lease purchasing in order to facilitate replacement of outdated micro computers. Included in this program, 300 micro computers, costing approximately $450,000.00, would be lease purchased on a three year replacement cycle. It was further advised that a Request for Proposals for lease financing ofthe above described equipment was sent to 20 banks and leasing agencies on December 21, 2000, and nine responses were received with SunTrust Leasing Corporation submitting the most responsive bid; SunTrust Leasing Corporation proposed an interest rate of 4.44% for a three year lease period for the micro computers and 4.48% for a five-year lease period for the vehicles and furniture; 514 the rates were combined into a single amortization schedule with a 4.47% blended interest rate; annual lease payment will total $621,171.00 for each of the upcoming three fiscal years, and $460,815.00 for each of the remaining two fiscal years; and pending Council's approval, funding for the lease purchase payments will be included in annually adopted budgets. The City Manager and the Director of Finance recommended that Council adopt a measure authorizing execution of the Lease Purchase Agreement with SunTrust Leasing Corporation, and any other required documents related to the Lease Purchase Agreement; and appropriate lease financing proceeds in the amount of $2,503,000.00 to the following accounts: $700,000.00 to the Capital Projects Fund, Account No. 008-052-9563, New Police Building, for lease purchase of furniture and equipment. $450,000.00 to a Department of Technology fund account to be established for lease purchase of micro computers. $1,353,000.00 to a Fleet Maintenance Fund account to be established for lease purchase of vehicles and equipment. Mr. Harris offered the following resolution: (#35193-020501) A RESOLUTION of the Council of the City of Roanoke, Virginia, approving the form and the terms, conditions and provisions of an equipment lease purchase agreement relating to the acquisition and installation of vehicular equipment, computer equipment and office furniture and equipment by the City, to be dated as of January 15, 2001, by and between SunTrust Leasing Corporation, as Lessor, and the City as Lessee, and authorizing the execution and delivery thereof; approving the form and the terms, conditions and provisions of an escrow agreement, to be dated as of January 15, 2001, by and among the City, SunTrust Leasing Corporation and SunTrust Bank, as Escrow Agent, and authorizing the execution and delivery thereof; authorizing the members of the Council and the officials and employees of such City to take further action to carry out this Resolution and the transactions contemplated hereby and by the aforementioned equipment lease purchase agreement and escrow agreement; and making certain findings and determinations. (For full text of Resolution, see Resolution Book No. 64, Page 99.) 515 Mr. Harris moved the adoption of Resolution No. 35193-020501. The motion was seconded by Mr. Carder. The Mayor requested a report from the Director of Finance with regard to the cost of acquiring the equipment through the Lease Purchase Agreement, versus the conventional method of equipment acquisition. Resolution No. 35193-020501 was adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and MayorSmith---------------------------------------------------------7. NAYS: None----------------------------------------------------0. Mr. Bestpitch offered the following emergency budget ordinance: (35195-020501) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Capital Projects, Department of Technology and Fleet Management Funds Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64, Page 103.) Mr. Bestpitch moved the adoption of Ordinance No. 35195-020501. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and MayorSmith---------------------------------------------------------7. NAYS: None----------------------------------------------------0. CITY CLERK: COMMITTEES-SCHOOLS: The City Clerk submitted a communication advising that pursuant to Chapter 9, Education, Code of the City of Roanoke (1979), as amended, establishing a procedure for the election of School Trustees, the three- year terms of office of MelindaJ. Payne and Ruth C. Willson will expire on June 30, 2001; and pursuant to Section 9-16 of the Code of the City of Roanoke (1979), as amended, on or before February 15 of each year, Council shall announce its 516 intention to elect Trustees of the Roanoke City School Board for terms commencing July 1 through (1) public announcement of such intention at two consecutive regular sessions of the Council and (2) advertisement of such intention in a newspaper of general circulation in the City twice a week for two consecutive weeks. It was further advised that Section 9-17 of the City Code provides that applications must be filed in the City Clerk's Office by March 10 of each year; since March 10,2001, falls on Saturday, and City offices will be closed, the deadline for receipt of applications will be Friday, March 9 at 5:00 p.m.; applications will be available in the City Clerk's Office and may be obtained between the hours of 8:00 a.m., and 5:00 p.m., Monday through Friday; and information describing the duties and responsibilities of School Trustees will also be available. Without objection by Council, the Mayor advised that the communication would be received and filed. DIRECTOR OF FINANCE: TAXES-DELINQUENT TAXES: The Director of Finance submitted a report advising that State law provides localities with the right to sell real estate after the first anniversary date on which the taxes or other assessments remain unpaid; property sold under these proceedings will be free and clear of all liens incurred by the owner and any other party involved in the suit; reasonable attorney's fees can be paid out of sale proceeds; and despite vigorous collection efforts by the Office of Billings and Collections, certain property owners have not paid their debts. It was further advised that in addition to unpaid taxes, many of these properties cause concern to surrounding property owners because the property is not maintained, thereby creating a blight in the neighborhood; another benefit from the tax sale is that the City will collect future real estate taxes and avoid incurring weed/trash abatement and demolition/board costs; on October 22, 1997, Council authorized the judicial sale of approximately 200 properties; auctions of the properties were held throughout 1999; on March 6, 2000, Council authorized the judicial sale of approximately 120 properties; and auctions for these properties are scheduled to conclude by June 2001. It was stated that in recent years, the Department of Billings and Collections has published an annual listing of tax delinquent properties whose owners have failed to respond to demands for payment; advertisements have been published in 517 the local newspaper and have produced many responses and collections of delinquent real estate taxes; on November 12, 2000, 354 properties with $588,000.00 in delinquent taxes were advertised in The Roanoke Times; the properties had taxes that were two years or more delinquent; and as of January 26, 2001, delinquent real estate taxes totaling $364,189.00 have been collected pursuant to the advertisement. It was further stated that the next step in the collection process is to request Council's approval to begin the tax sale process for those properties that have failed to respond to the advertisement; lists with delinquent real estate taxes and assessments have been compiled by collectors in the Office of Billings and Collections; and the City Attorney, City Treasurer, and Housing Development Coordinator concur in the recommendation that properties listed on an attachment to the report be subject to the tax sale, which attachment reflects delinquent taxes and assessments as of February 1, 2001. It was pointed out that real estate taxes on the properties identified in the exhibits attached to the report have been delinquent for two or more years; however, there are five properties listed that have a demolition lien and one year of delinquent real estate taxes which qualify under State law for the tax sale process; and a law firm has been selected by the City Attorney's Office and the Office of Billings and Collections to file the suits and to take all necessary action to sell the properties listed herein. It was advised that legal fees will be paid by the property owner when the delinquent taxes or other assessments are paid off from sale proceeds at the time of sale; as a part of the legal process required by law for a tax sale, the law firm will send letters to property owners advising that the suits will be filed to sell the property in order to collect taxes and assessments and will publish a legal notice identifying the property in the newspaper; property owners will be able to red€em their property by paying all delinquent taxes, fees, and assessments up until the day before the sale; and it is anticipated that the first suits for the properties will be filed in April 2001 and auctions will be held by September 1, 2001. 518 The Director of Finance recommended the following: Suits be initiated to collect delinquent taxes and assessments by tax sale with respect to properties on lists attached to the report as Exhibit A, vacant buildings and lots and Exhibit B, non-owner occupied properties. Section 58.1-3954, Code of Virginia, requires that any suits be instituted and collected in the name of the City in which the taxes are assessed and at the direction of the governing body of the City. Mr. Hudson offered the following resolution: (#35205-020501) A RESOLUTION directing the City Attorney and the Director of Finance to institute or cause to be instituted, and conduct or cause to be conducted, suits to collect delinquent real estate taxes and assessments by judicial sale. (For full text of Resolution, see Resolution Book No. 64, Page 113.) Mr. Hudson moved the adoption of Resolution No. 35205-020501. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and MayorSmith---------------------------------------------------------7. NAYS: None----------------------------------------------------0. DIRECTOR OF FINANCE: The Director of Finance submitted the Financial Report for the City of Roanoke for the month of December 2000. Mr. Harris moved that the Financial Report be received and filed. The motion was seconded by Ms. Wyatt and unanimously adopted. , 519 REPORTS OF COMMITTEES: BUDGET-PARKS AND RECREATION-DISABLED PERSONS: Council Member W. Alvin Hudson, Jr., Chairperson, Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for remodeling four City recreation centers (Mountain View, Buena Vista, Preston and Eureka) for compliance with the Americans with Disabilities Act. The Bid Committee recommended the following actions: Accept the bid submitted by JMW, Inc., in the amount of $39,480.00, and 75 consecutive calendar days of contract time, with a project contingency of $4,000.00, and provide $4,200.00 for asbestos and lead abatement, $180.00 for reproduction costs and $360.00 for advertising fees. Authorize the City Manager to execute the required contract since the contract is under $75,000.00. Transfer funding in the amount of $48,220.00 to a new account to be established in the Capital Projects Fund entitled, "Remodel Recreation Centers". Reject all other bids received by the City. The City Manager submitted a written report concurring in the recommendation of the Bid Committee. Mr. Hudson offered the following emergency budget ordinance: (#35206-020501) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 General and Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book 64, Page 114.) 520 Mr. Hudson moved the adoption of Ordinance No. 35206-020501. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and MayorSmith---------------------------------------------------------7. NAYS: None----------------------------------------------------0. BUDGET-PARKS AND RECREATION-DISABLED PERSONS: Council Member W. Alvin Hudson, Jr., Chairperson, Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for remodeling seven City park shelters (Thrasher, Golden, Fallon, Wasena, Strauss, Smith and Crystal Springs) in order to be in compliance with the Americans with Disabilities Act requirements. The Bid Committee recommended the following actions: Accept the bid submitted by Wyant Construction Co., Inc., in the amount of $98,950.00, and 75 consecutive calendar days of contract time, with a project contingency of $9,050.00, and provide $5,000.00 for lead paint and asbestos abatement. Authorize the City Manager to enter into a contractual agreement, in a form to be approved by the City Attorney. Transfer funding of $11 3,000.00 to a new account to be established in the Capital Projects Fund entitled, "Remodel Park Shelters for ADA Compliance". Reject all other bids received by the City. The City Manager submitted a written report concurring in the recommendation of the Bid Committee. 521 Mr. Hudson offered the following emergency budget ordinance: (#35207-020501) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64, Page 115.) Mr. Hudson moved the adoption of Ordinance No. 35207-02501. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and MayorSmith---------------------------------------------------------7. NAYS: None----------------------------------------------------0. Mr. Hudson offered the following emergency ordinance: (#35208-020501) AN ORDINANCE accepting the bid of Wyant Construction Co., Inc., for remodeling seven City park shelters (Thrasher, Golden, Fallon, Wasena, Strauss, Smith and Crystal Springs) to be in compliance with the Americans with Disabilities Act requirements, upon certain terms and conditions and awarding a contract odentifyi; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64, Page 116.) Mr. Hudson moved the adoption of Ordinance No. 35208-020501. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and MayorSmith---------------------------------------------------------7. NAYS: None----------------------------------------------------0. 522 BUDGET-CITY JAIL: Council Member W. Alvin Hudson, Jr., Chairperson, Bid Committee, submitted a written report on behalf of the Committee, in connection with bids received by the City for renovation of the existing public access elevator at the City Jail. The Bid Committee recommended that Council accept the bid submitted by Construction Services of Roanoke, Inc., in the amount of $128,000.00, and 90 consecutive calendar days for completion of the work, with a project contingency of $11,340.00; authorize the City Manager to enter into a contractual agreement in a form to be approved by the City Attorney; transfer $60,340.00 from Jail - Construction Other, Account No. 001-140-3310-9065; $20,000.00 from Capital Improvement Reserve - Building, Account No. 008-052-9575-9173; and $59,000.00 from Residential Detention Services, Account No. 001-121-2130- 2008, to a new Capital Improvements Account to be established by the Director of Finance entitled, '~ail Elevator Renovation"; and reject the other bid received by the City. The City Manager submitted a written report concurring in the recommendation of the Bid Committee. Mr. Hudson offered the following emergency budget ordinance: (#35209-020501) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 General and Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book 64, Page 118.) Mr. Hudson moved the adoption of Ordinance No. 35209-020501. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and MayorSmith---------------------------------------------------------7. NAYS: None----------------------------------------------------0. 523 Mr. Hudson offered the following emergency ordinance: (#35210-020501) AN ORDINANCE accepting the bid of Construction Services of Roanoke, Incorporated, for renovation of the public access elevator at the City Jail, upon certain terms and conditions and awarding a contract odentifyi; authorizing the proper City officials to execute the requisite contact for such work; rejecting all other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64, Page 119.) Mr. Hudson moved the adoption of Ordinance No. 35210-020501. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and MayorSmith---------------------------------------------------------7. NAYS: None----------------------------------------------------0. SIDEWALK/CURB AND GUTTER-WATER RESOURCES: Council Member Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to acquisition of property rights needed by the City for construction of sidewalk, curb and gutter between Aspen Street and Hershberger Road, N. W. A staff report advised that increased traffic along Cove Road, N. W., is creating concern for pedestrian safety which is likely to continue to increase; City staff has identified an area along Cove Road between Lafayette Boulevard and Hershberger Road, N. W., that would benefit from construction of sidewalk, curb, and gutter; and last year, the section of sidewalk between Lafayette Boulevard and Aspen Street was completed. It was further advised that plans for the proposed improvements have been finalized odentifying property rights that will be required for the section between Aspen Street and Hershberger Road; authorization is needed to move forward with acquisition of the necessary property rights; new concrete sidewalks, entrances, curb and gutter improvements were approved as part of the 1996 bond issue; project costs for acquisition of property rights is estimated to be $10,000.00; and sufficient funding is available in Sidewalk and Curbs, Phase 3, Account No. 008- 052-9542-9050. 524 The Water Resources Committee recommended that the City Manager be authorized to execute the appropriate documents to acquire all property rights necessary for construction of the project, in a form to be approved by the City Attorney; and said property rights may be acquired, following a satisfactory environmental site inspection, by negotiation or eminent domain and include permanent easements, temporary construction easements, rights-of-way, licenses or permits, etc. Mr. White offered the following emergency ordinance: (#35211-020501) AN ORDINANCE providing for acquisition of certain property rights needed by the City for the Aspen/Hershberger portion of the Cove Road Sidewalk Project; setting a limit on the consideration to be offered by the City; providing for the City's acquisition of property rights by condemnation, under certain circumstances; and dispensing with the second reading of this ordinance by title. (For full text of Ordinance, see Ordinance Book No. 64, Page 121.) Mr. White moved the adoption of Ordinance No. 35211-020501. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and MayorSmith---------------------------------------------------------7. NAYS: None----------------------------------------------------0. PURCHASE/SALE OF PROPERTY-WATER RESOURCES: Council Member Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to a report of the City Attorney on the sale of vacated right-of-way. 525 The City Attorney advised that from time to time, the City vacates all or portions of streets and alleys in the City which are no longer needed as public rights-of-way; the City makes no representations as to who obtains title to the right-of-way when it is vacated; normally, title vests to the center line of the right- of-way to the adjacent property owners; however, title can also vest in others, such as the original subdivider of the property that created the right-of-way, the subdivider's successors in interest, the City itself, or one or more of the adjacent property owners; and the result depends upon such factors as when the right-of- way was platted, how it was platted, whether or not it was created as part of a subdivision, whether the City paid for the right-of-way, and other factors. He called attention to ~15.2-2008, Code of Virginia, 1950, as amended, which provides as follows: "Notwithstanding any contrary provision of law, general or special, any locality, as a condition to a vacation or abandonment, may require the fractional portion of its public rights-of-way and easements to be purchased by any abutting property owner. The price shall be no greater than the property's fair market value or its contributory value to the abutting property, whichever is greater, or the amount agreed to by the parties. No such vacation or abandonment shall be concluded until the agreed price has been paid. If any abutting property owner does not pay for such owner's fractional portion within one year, or other time period made a condition ofthe vacation or abandonment, of the local government action to vacate or abandon, the vacation or abandonment shall be void as to any such property owner." He further advised that this provision authorizes localities, as a condition to the vacation of a right-of-way, to require abutting property owners to pay the City a price "no greater than the property's fair market value or its contributory value to the abutting property, whichever is greater" (the values are often difficult to determine) or an amount otherwise agreed to by the parties; the abovementioned statute seems to presume that a locality has title to a vacated right-of-way, when, in fact, it might not; and since vacation of a right-of-way is discretionary with localities, this statute is used only in cases when a locality and the abutting property owners agree that consideration is to be paid and the amount is agreed upon. 526 The City Attorney further stated that he is of the opinion that requiring the abutting property owners to pay for vacated right-of-way should not be a standard practice, and should be required only in limited cases, such as where the vacated right-of-way is unusually valuable, or the abutting property owners would receive a windfall because they plan to sell the right-of-way, consolidate it with other parcels for development, or subdivision, etc. The City Attorney recommended that City staff review each application to vacate right-of-way, and on a case-by-case basis, make a recommendation to Council whether the vacated right-of-way should be sold; and if it is deemed appropriate to sell the right-of-way, City staff and the abutting property owners should come to agreement as to the expected price before the matter is brought to Council for action. Ms. Wyatt moved that Council concur in the recommendation of the City Attorney as above described. The motion was seconded by Mr. Harris and unanimously adopted. POLICE DEPARTMENT -EASEMENTS-UTILITIES-CITY PROPERTY-TELEPHONE COMPANIES: Council Member Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to granting a 1 5-foot easement across City-owned property located at 348 Campbell Avenue, S. W., to Verizon Virginia, Inc., to install underground facilities for telephone service to the new Police Building. The Water Resources Committee recommended that the City Manager be authorized to advertise a public hearing and, lacking any comments to the contrary, that Council authorize execution of the appropriate document, in a form to be approved by the City Attorney, granting a 1 5-foot easement across City- owned property to Verizon Virginia, Inc., for installation of underground facilities to provide telephone service to the new Police Building. Ms. Wyatt moved that Council concur in the recommendation of the Water Resources Committee that a public hearing be held on Tuesday, February 20,2001, at 7:00 p.m., or as soon thereafter as the matter may be heard. The motion was seconded by Mr. Harris and unanimously adopted. 527 UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTION: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAOR AND MEMBERS OF COUNCIL: REFUSE COLLECTION-COMPLAINTS: Vice-Mayor Carder expressed concern with regard to the proliferation of paper boxes in the downtown area, specifically in the Historic District, and requested that the matter be referred to the City Manager and the City Attorney for review and report to Council. CITY PROPERTY: Vice-Mayor Carder requested that an inventory be prepared listing all property owned by the City of Roanoke in the Roanoke Valley, including the location and proposed use of the property. VIRGINIA MUNICIPAL LEAGUE-UTILITIES-ROANOKE GAS COMPANY: Council Member Bestpitch referred to a briefing that was held during the 2001 Virginia Municipal League Legislative Day on Thursday, February 1, 2001, in Richmond, Virginia, with regard to natural gas prices. He advised that the gas companies have indicated that they will work with citizens to establish a budget payment plan, gas companies are suspending any disconnection of gas at this time due to the severe winter season, and if any citizen is experiencing financial difficulty in paying their gas bill, they are encouraged to contact their local gas company to inquire about a budget payment plan. CITY COUNCIL: Council Member Wyatt presented the following House Rules/Code of Conduct for Council: Maintain confidentiality - the consequences of failing to maintain confidentiality following a Closed Meeting could result in public censure. 528 Focus on issues, with no personal attacks or stereotyping of the person. Decide and move on to the next issue, with the understanding that four votes decide an issue. Agree to disagree, but look for agreement first. Focus on what is "best" for Roanoke and leave partisanship behind. Be brief and concise in comments and avoid beating the "issue". Come to the City Council meeting prepared by studying the Council agenda and asking questions prior to the Council meeting. Listen before judging and understand the other person's point of view. Treat all persons with respect, courtesy and fairness. Share information and talk with illl Members of Council. Ms. Wyatt moved that Council adopt the above referenced House Rules/Code of Conduct. The motion was seconded by Mr. Carder. Mr. Hudson expressed concern with regard to adopting the document. He stated that the citizens of Roanoke elected him to the position of Council Member, therefore, the citizens will let their voices be heard if they have concerns about the manner in which he conducts himself as Council Member. Mr. Bestpitch suggested an editorial change to the document to delete the word "partisan ism" and insert the word "partisanship". Ms. Wyatt and Mr. Carder accepted the editorial change as a friendly amendment to the motion. Mr. White advised that for the ten years he has served on the Roanoke City Council, the contents of the document proposed by Ms. Wyatt are the rules that the Members of Council have abided by, therefore, he sees no need for the Council to adopt a formal written document. 529 Vice-Mayor Carder advised that Council discussed its rules of conduct at the Council's Planning Retreat which was held in July 2000 and agreed to certain professional behavior that all Members of Council will honor when transacting the business of the City. Following further discussion, the motion, as amended, was adopted by the following vote: AYES: Council Members Carder, Harris, Wyatt, Bestpitch and Mayor Smith-------------------------------------------------------------5. NAYS: Council Members Hudson and White---------------------------2. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that City Council sets this time as a priority for citizens to be heard, and matters requiring referral to the City Manager will be referred for any necessary and appropriate response, recommendation or report to Council. COMMITTEES-COMMUNITY PLANNING: Ms. Helen E. Davis, 35 Patton Avenue, N. W., spoke in support of the reappointment of Ms. Barbara N. Duerk as a member of the City Planning Commission. She advised that Ms. Duerk is articulate, courteous, respectful, strong, dedicated, energetic and an honest business woman. She stated that Mr. Duerk is a true advocate for Roanoke's bike plan and the Roanoke Valley greenways, and requested that Council reconsider her reappointment for another three year term on the City Planning Commission. Ms. Fredrika Monk, 3343 Pittsfield Circle, N. W., spoke in support of the reappointment of Ms. Duerk to the City Planning Commission. She referred to Ms. Duerk's community pride and knowledge of the Roanoke area which is an asset to any person who serves on the City Planning Commission. Ms. Pernella C. Wilson, 3045 Willow Road, N. W., spoke in support of the reappointment of Ms. Duerk to the City Planning Commission. She stated that as an official of the Southern Christian Leadership Conference (SCLC), she received approximately 60 telephone calls from citizens expressing a concern over the decision of Council not to reappoint Ms. Duerk and asked that Council give further consideration to her reappointment. 530 Ms. Wilson also advised that she regretted that Mr. Angela Norman felt compelled to stand before Council once again and restate the same concerns that she expressed when the SCLC was instrumental in bringing representatives of the U. S. Department of Labor to the City of Roanoke to investigate issues of employment discrimination. She further advised that people in the City of Roanoke, both black and white and specifically white females, continue to be the subject of discrimination. The Mayor called attention to a recent inaccurate newspaper article and clarified that the decision not to reappoint Ms. Durek to the City Planning Commission was made by the entire City Council and not solely by the Mayor. At 5:50 p.m., the Mayor declared the meeting in recess for continuation of a Closed Meeting. At 6:45 p.m., the meeting reconvened in the City Council Chamber, with all Members of the Council in attendance, except Council Members Bestpitch, Wyatt and Mayor Smith who left the meeting during the Closed Session, with Vice-Mayor Carder presiding. COUNCIL: With respect to the Closed Meeting just concluded, Mr. Harris moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in my motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Harris, Hudson, White and Vice-Mayor Carder----4. NAYS: None----------------------------------------------------0. (Council Members Bestpitch, Wyatt and Mayor Smith were absent.) 531 OATHS OF OFFICE-COMMITTEES-HOUSING/AUTHORITY: The Vice-Mayor advised that there is a vacancy on the Fair Housing Board created by the ineligibility of G. David Nixon to serve another term, and called for nominations to fill the vacancy. Mr. White placed in nomination the name of Robert J. Sparrow. There being no further nominations, Mr. Sparrow was appointed as a member of the Fair Housing Board, for a term ending March 31, 2003, by the following vote: FOR MR. SPARROW: Council Members Harris, Hudson, White and Vice-Mayor (arder--------------------------------------------------------------4. (Council Members Bestpitch, Wyatt and Mayor Smith were absent.) OATHS OF OFFICE-COMMITTEES-INDUSTRIES: Mr. Harris offered the following resolution appointing Thomas Pettigrew as a Director of the Industrial Development Authority of the City of Roanoke, for a term ending October 20, 2004: (#35212-020501) A RESOLUTION appointing a Director of the Industrial Development Authority of the City of Roanoke, to fill a four year term on its Board of Directors. (For full text of Resolution, see Resolution Book No. 64, Page 122.) Mr. Harris moved the adoption of Resolution No. 35212-020501. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Harris, Hudson, White and Vice-Mayor Carder----4. NAYS: None----------------------------------------------------0. (Council Members Bestpitch, Wyatt and Mayor Smith were absent.) 532 OATHS OF OFFICE-COMMITTEES-YOUTH: The Vice-Mayor advised that there is a vacancy on the Youth Services Citizen Board, due to the eligibility of Gwendolyn J. Lawrence to serve another term, and called for nominations to fill the vacancy. Mr. Harris placed in nomination the name of Clay Wyatt. There being no further nominations, Mr. Wyatt was appointed as a member of the Youth Services Citizen Board, for a term ending May 31, 2003, by the following vote: FOF MR. WYATT: Council Members Harris, Hudson, White and Vice-Mayor Carder--------------------------------------------------------------4. (Council Members Bestpitch, Wyatt and Mayor Smith were absent.) OATHS OF OFFICE-COMMITTEES-FIFTH PLANNING DISTRICT COMMISSION: The Vice-Mayor advised that there is a vacancy on the Roanoke Valley-Allegheny Regional Commission, due to the eligibility of J. Lee E. Osborne to serve another term and called for nominations to fill the vacancy. Mr. Harris placed in nomination the name of Darlene L. Burcham, City Manager. There being no further nominations, Ms. Burcham was appointed as a member of the Roanoke Valley-Allegheny Regional Commission, for a term ending June 30, 2003, by the following vote: FOR MS. BURCHAM: Council Members Harris, Hudson, White and Vice-Mayor Carder-------------------------------------------------------------4. (Council Members Bestpitch, Wyatt and Mayor Smith were absent.) 533 OATHS OF OFFICE-COMMITTEES-ARCHITECTURAL REVIEW BOARD: The Vice- Mayor advised that there is a vacancy on the Architectural Review Board created by the expiration of the term of office of David L. Bandy, and called for nominations to fill the vacancy. Mr. White placed in nomination the name of Robert N. Richert. There being no further nominations, Mr. Richert was appointed as a member of the Architectural Review Board, for a tem ending October 1, 2004, by the following vote: FOR MR. RICHERT: Council Members Harris, Hudson, White and Vice-Mayor Carder-------------------------------------------------------------4. (Council Members Bestpitch, Wyatt and Mayor Smith were absent.) OATHS OF OFFICE-COMMiTTEES-LEAGUE OF OLDER AMERICANS: The Vice-Mayor advised that there is a vacancy on the League of Older Americans, Board of Directors, created by the expiration of the term of office of Helen J. Hall, and called for nominations to fill the vacancy. Mr. Harris placed in nomination the name of Vickie S. Briggs. There being no further nominations, Ms. Briggs was appointed as the City's representative to the League of Older Americans, Board of Directors, for a term ending February 28, 2002, by the following vote: FOR MS. BRIGGS: Council Members Harris, Hudson, White and Vice-Mayor Carder--------------------------------------------------------------4. (Council Members Bestpitch, Wyatt and Mayor Smith were absent.) 534 There being no further business, the Vice-Mayor declared the meeting adjourned at 6:50 p.m. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 920 REGULAR WEEKLY SESSION----ROANOKE CITY COUNCIL April 19, 2004 2:00 p.m. The Council of the City of Roanoke met in regular session on Monday, April 19, 2004, at 2:00 p.m., the regular meeting hour, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, ReQular Meetinqs, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 36414-070703 adopted by the Council on Monday, July 7, 2003. PRESENT: Council Members Linda F. Wyatt, William D. Bestpitch, M. Rupert Cutler, Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., C. Nelson Harris and Mayor Ralph K. Smith------------------------------------------- 7. ABSENT:-----------------------------------------------------0. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City Clerk. The invocation was delivered by Elizabeth Hutcheson Fetter, Presiding Clerk, the Religious Society of Friends. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Ralph K. Smith. PRESENTATIONS AND ACKNOWLEDGEMENTS: ACTS OF ACKNOWLEDGEMENT-CITY MANAGER-CITY INFORMATION SYSTEMS: Susan Benton, Director of Strategic Initiatives, The Center for Digital Government, advised that The Center for Digital Government is an international research and advisory institute that, for the past 20 years, has studied how cities, counties, states and the Federal Government are using technology, because it is known that technology is at the foundation of quality of life and economic development. She stated that one of the City of Roanoke's mottos is, "City for the 21" Century-A Thriving Community"; the City has used technology 921 as a tool and as the result of excellent leadership over the past three years, Roanoke has won the Digital Cities Survey Award from The Center for Digital Government and Government Technology Magazine. She added that no other city the size of Roanoke can boast of this accomplishment and the award was made possible because City Council showed strategic vision about what the community should be and the use of technology to get there, and Council provided the necessary resources to the City Manager which enabled her to work with City staff to move forward in order to reach the Council's vision. She stated that the award is referred to as the Doer's, Dreamer's and Driver's Award, and represents a description of City Manager Darlene Burcham who has shown leadership, a commitment to the organization, an ability to work through the multiple layers of City government, and regional government and she has served as a champion for excellence. On behalf of The Center for Digital Government, Ms. Benton presented the City Manager with the "Doer's, Dreamer's and Driver's" Award. PROCLAMATIONS: The Mayor presented a proclamation declaring April 18-24, 2004, as National Medical Laboratory Week. PROCLAMATIONS-LIBRARIES: The Mayor presented a proclamation declaring April 18-24, 2004, as National Library Week. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to one request for a Closed Session. MINUTES: Minutes of the regular meeting of Council held on Monday, March 1, 2004, recessed until Friday, March 5, 2004, and recessed until Monday, March 15, 2004; and the regular meeting of Council held on Monday, March 15, 2004, were before the body. Mr. Dowe moved that the reading of the minutes be dispensed with and that the minutes be approved as recorded. The motion was seconded by Mr. Harris and adopted by the following vote: 922 AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris and Mayor Sm ith---------------------------------------------------7. NAYS: None--------------------------------------------------O. CITY COUNCIL: 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), was before the body. Mr. Dowe moved that Council concur in the request of the Mayor to convene in a Closed Meeting as above described. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, and Mayor Smith---------------------------------------------7. NAYS: None--------------------------------------------------O. COMMITTEES-HOUSING/AUTHORITY: A report of qualification of Nancy F. Canova as a member of the Fair Housing Board for a term ending Marth 31, 2007, was before Council. Mr. Dowe moved that the report of qualification be received and filed. The motion was seconded by Mr. Harris and adopted by the folloWing vote: AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, and Mayor Smith---------------------------------------------7. NAYS: None-------------------------------------------------_O. REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: 923 BUDGET-CABLE TELEVISION: A communication from Council Member Alfred T. Dowe, Jr., City of Roanoke representative to the Roanoke Valley Regional Cable Television Committee, advising that the City of Roano~e, the County of Roanoke and the Town of Vinton jointly operate Roanoke Valley Television (RVTV); initial equipment and facilities for the television station were funded through a $480,000.00 capital grant from Cox Communications; the station is located at The Jefferson Center and currently employs five full-time staff members; and staff produces videos and shows for local governments and school systems for cablecasting along with government meetings on Cox Communications' Channel 3. It was further advised that on June 8, 1992, Council approved the Roanoke Valley Regional Cable Television Agreement, which requires that the RVTV Operating Budget be approved by the governing bodies of the City, County and Town; and funding for the operating budget is shared by the three governments, based on the annual proportion of Cox subscribers located in each jurisdiction. It was explained that the Roanoke Valley Regional Cable Television Committee approved the RVTV Operating Budget for fiscal year 2004-05 at its March meeting; the budget totals $293,865.00 and represents a seven per cent increase from the current year's budget of $273,614.00; the increase, excluding Personal Services (VRS Retirement, Salaries, Health Insurance, etc.), is $3,624.00 or four per cent; and the majority of the increase occurs in Retirement: the 2003-04 rate was 7.5 per cent and the 2004-05 rate is 13.5 per cent, which is a $9,403.00 increase. It was noted that Cox Communications paid a five per cent franchise fee to the local governments in 2003, or $1,818,001.00; the local governments have traditionally agreed to allocate up to 20 per cent of the franchise fees collected to the RVTV Operating Budget; for the coming year, the amount,would be $363,300.00; and RVTV's requested budget of $293,865.00 is $69,435.00 less than the amount. It was advised that Cox calculates the percentage of subscribers in each locality (as of December 31, 2003) as follows: Localitv City of Roanoke Roanoke County Town of Vinton Subscribers 32,295 23,664 2,718 Percentaqe (%) 55 40 5 924 Based on the above figures, the contribution by each locality to the Operating Budget would be as follows: Localitv City of Roanoke Roanoke County Town of Vinton Contribution $161,626.00 $117,546.00 $14,693.00 Mr. Dowe recommended that Council approve the proposed RVTV budget for fiscal year 2004-05, in the amount of $293,865.00, with the City's contribution totaling $161,626.00. Mr. Dowe offered the following resolution: (#36657-041904) A RESOLUTION approving the recommendation of the Roanoke Valley Regional Cable Television Committee to approve the annual operating budget for Fiscal Year 2004-2005 for the operation of the regional government and educational access station, Roanoke Valley Television (RVTV, Channel 3), and for the City to provide partial funding. (For full text of Resolution, see Resolution Book No. 68, Page 408.) Mr. Dowe moved the adoption of Resolution No. 36657-041904. The motion was seconded by Mr. Cutler and adopted by the following vote: AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, and Mayor Smith-------------------------------------------- 7. NAYS: None--------------------------------------------------O. REPORTS OF OFFICERS: CITY MANAGER: BUILDINGS/BUILDING DEPARTMENT: The City Manager introduced Carl S. Cooler, who will assume his position as Building Commissioner, Department of Planning Building and Development, effective April 19, 2004. BRIEFINGS: 925 ELECTIONS: The City Manager advised that at the Council meeting on Monday, April 5, 2004, Council requested a briefing by the Registrar on the proposed touch screen voting machines which are proposed to be used in future City of Roanoke elections; whereupon, she called upon Beryl Brooks, Registrar. . Ms. Brooks introduced Gary Greenhalgh, Project Manager for the City of Roanoke, who will be present for the next three local elections, upon execution of a contract with Election System and Software (E. S. & S.). She stated that electronic voting machines will be used in the November 2004 Presidential Election, although the touch screen voting machines will be available at some of the City's precincts during the May 4, 2004 Councilmanic election for demonstration purposes. In response to questions and discussion by Council, Ms. Brooks advised that: . The new equipment is user friendly, with larger print and the ability to change or correct votes before the voter casts his or her final vote. . State law requires at least one voting machine per every 750 registered votes. The City proposes to purchase machines based on the realm of between 500 and 750 registered voters. . Both City maintenance staff and maintenance staff of Election System Software will be available to address problems if any, on Election Day. . The electronic voting machines will be taken into the community and demonstrations will be provided for any group or organization requesting onsite instruction. . In selecting a vendor, size of the company, financial information, number of staff to be made available to service the City during a large election such as the Presidential Election in November, 2004, and turn around time to deliver the new equipment once the order is placed was considered. 926 . Remarks by citizens who tested the equipment on Citizens Appreciation Day at Valley View Mall on Saturday, April 17, 2004, were positive. A touch screen voting machine was displayed in the Council Chamber and Members of Council were invited to participate in a demonstration during the Council meeting recess. BUDGET: The City Manager presented the City of Roanoke's proposed fiscal year 2004-2005 budget. She advised that one of the assumptions that City staff made in developing the budget was that the Governor's proposed budget would be adopted by the General Assembly which, to date, has not occurred. She acknowledged that there could be changes in the proposed budget over the next several weeks should the General Assembly choose to do otherwise, and the Council will be informed as to the progress and the impact on the City's proposed budget proposal. She stressed that the most significant budgetary issue before the General Assembly at this point appears to be the level of funding for education in terms of the amount of money that would be available in the fiscal year 2005 budget and the impact on staffing. The City Manager called upon Sherman Stovall, Acting Director, Office of Management and Budget, for presentation of highlights of the proposed budget. Mr. Stovall advised that the proposed fiscal year 2005 budget was developed during a time of challenge and uncertainty; Roanoke and other local jurisdictions have been faced with the task of balancing a jurisdiction budget while the Virginia House of Delegates and the State Senate continues to debate over a State budget; the uncertainty in State funding and the lack of sufficient growth in State revenues has been disappointing; the challenges that Roanoke faces are the same as those of other governments; i.e. the rising cost of employee health care and retirement, increased demands for high levels of services and the continuing need to make investments in capital projects that are crucial to sustaining the viability of Roanoke. At the same time, he stated that the City of Roanoke is absorbing the cost of traditionally State funded activities, such as law enforcement, jail operations, and the operations of Constitutional Officers. On behalf of the City Manager and the Director of Finance, he presented a recommended fiscal year 2004-05 budget that is balanced, without an increase in any existing tax rate or any new tax. In summary, Mr. Stovall provided the following information: . The recommended budget totals $211.9 million, an increase of $7.1 million, or 3.47 per cent over the current years' adopted budget. . Anticipated growth in local revenue totals $5.5 million and growth in intergovernmental revenue totals $1.5 million. . Local revenues are enhanced by the continued strength of the real estate market and revenue from the real estate tax is expected to grow by $3.5 million. . Property values increased by approximately six per cent while new construction added another 1.2 per cent to the tax base. . Other local taxes that contribute to the strength of the local economy include the personal property tax, with anticipated growth of 1.7 per cent; the prepared food and !:leverage tax, with anticipated growth of three per cent; the business license tax with anticipated growth at 2.4 per cent; the sales tax at 5.8 per cent; and the transient room, or lodging tax, at 5.1 per cent. · A decline in the revenue is expected from the bank stock tax. · The revenue estimate for personal property tax was established prior to development of the personal property tax book, so there may be a need to adjust the estimate prior to adoption of the budget. · State revenue is expected to grow by 3.4 per cent; however, the majority of revenue is dedicated to State mandated programs, only a small portion is available for discretionary use, and approximately $1.5 million is dedicated to Social Services. 927 928 . Over the past ten years, average growth in revenue received by the City from the State has been approximately six per cent; the level of State funding continues to reflect a decrease in funding for support of the City's Constitutional Officers and operation of the Jail. . $3.2 million in anticipated growth in revenue is recommended to be dedicated as the local share to Roanoke's schools; approximately $4.3 million is recommended for employee compensation benefits and other employee programs which include an average pay raise of three per cent for City employees and funding for an increase in the cost of health insurance, retirement and life insurance. · $1.2 million is recommended to cash fund debt service, provide for maintenance of City buildings, and replace key pieces of equipment. · $1 million is recommended for new programs and program adjustment. · $1.5 million is recommended in regard to position reductions and holding positions vacant. · The budget includes another $1 million in miscellaneous adjustments and savings. · The local share of school funding is based on a funding formula of 36.42 per cent of the adjusted local tax base; therefore, total level of funding provided to the school system is approximately 25 per cent of the total General Fund budget. · Since fiscal year 2001, Council has budgeted an additional $570,000.00 as part of a multi year plan to build debt service capacity to support capital projects. · It is intended to issue bonds in fiscal year 2005 for Phase II of the Police Administration Building, Phase I of the Fire/EMS facilities improvement plan, the Riverside Centre for Research and TechnofOgy~"t~iN!ndI7atrbn~ of Patrick Henry High School, Phase II of Civic Facilities Improvements and Phase I of the Downtown West Parking Garage plan. · The recommended budget contains $604,000.00 to continue a multi year effort to increase the level of funding for equipment replacement, capital maintenance of City buildings, street paving, and technology; and with the exception of technology, additional funding in this category is less than what is required to keep on track to reach the established fiscal year 2007 funding targets. · A recommended new program is the Police Cadet Program which is designed to enhance the City's efforts to recruit potential police officers and to free up time for sworn officers in order to focus on serious incidents and community policing. The program will target 18 - 21 year old persons who are interested in law enforcement careers, and bridge the gap between the time that young adults are no longer eligible to participate in the Police Explore Program and the time that they reach the minimum age to become a police officer. Police Cadets will also serve as Park Rangers, providing security presence in the City's parks. · Approximately $139,000.00 is recommended for parks, recreation and beautification activities including such items as playground safety improvements, maintenance of greenways, tennis court resurfacing, expanding the hanging basket program, and providing additional funding for the therapeutic recreation program. · Additional funding is recommended for tipping fees as a result of increased tonnage collected at the Roanoke Valley Landfill. 929 930 . Additional funding is recommended for contractual obligations which include the full year cost of the City's share of the new Regional Animal Control facility, and the lease of space at Civic Mall for the Social Services Department. · $40,000.00 is recommended for the Emergency Assistance Program which is administered by the Social Services Department and focuses on providing emergency rent or utility assistance to prevent evictions or terminations. . Additional funds or subsidies are recommended to Valley Metro as a result of the increasing health care costs, and to the Civic Facility Fund for the addition of two maintenance positions. . A total of six positions will be added in the Civic Facilities Fund to address the cleanliness and maintenance of the Civic Center. . Additional funding is recommended for community agencies. · The recommended budget includes a new reduction of 13 General Fund positions, which reduction is in positions and not people. · With creation of the Western Virginia Water Authority, a total of 190 General Fund, Water Fund and Sewer Fund positions will be transitioned to the Water Authority. · It is recommended that 18 positions be left vacant during the year which is the same level of vacant positions included in the fiscal year 2004 budget; and other reductions total approximately $1 million. 931 In closing, Mr. Stovall advised that City staff has attempted to develop a budget that is responsible and addresses the priorities of Council and Roanoke's citizens; given the challenging times, every request and every need could not be accommodated; and an attempt was made to minimize the impact on service delivery and service levels. He expressed appreciation to support staff from the Department of Management and Budget and the Department of Finance and acknowledged the input of Constitutional Officers, Council Appointed Officers, department directors and division managers in the development of the fiscal year 2005 budget. He expressed appreciation to the entire family of City employees for the dedicated and professional manner in which they have performed their duties in difficult times, and he advised that a public hearing on the recommended budget is scheduled for Thursday, April 29, 2004, at 7:00 p.m., in the Council Chamber. ITEMS RECOMMENDED FOR ACTION: ROANOKE NEIGHBORHOOD PARTNERSHIP: The City Manager submitted a communication advising that at the January 20, 2004 Council meeting, Carl Cooper, Chair, Roanoke Neighborhood Advocates (RNA), presented the RNA's By-Laws and Strategic Business Plan for consideration; and Council referred the documents to the City Manager for staff review and to the City Attorney for preparation of the proper measure for consideration by Council at a future meeting; whereupon, the City Manger forwarded copy of the revised documents. Mr. Bestpitch offered the follOWing resolution: (#36658-041904) A RESOLUTION approving the By-Laws and Strategic Business Plan for Roanoke Neighborhood Advocates. (For full text of Resolution, see Resolution Book No. 68, Page 409.) Mr. Bestpitch moved the adoption of Resolution No. 36658-041904. The motion was seconded by Mr. Fitzpatrick and adopted by the following vote: AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, and Mayor Smith---------------------------------------------7. NAYS: None--------------------------------------------------O. 932 BUDGET-PARKS AND RECREATION-WATER RESOURCES: The City Manager submitted a communication advising that the Mill Mountain Water Project is designed to increase the storage, pressure and fire flow capacity for the top of Mill Mountain and the Ivy Street neighborhood; the project consists of a 150 gallon per minute pumping station, an 84,000 gallon water storage tank, and installation of approximately 5,200 lineal feet of eight-inch waterline; the new storage tank replaces two existing smaller tanks on Mill Mountain with no overall increase in height; and tank design has been reviewed by the Mill Mountain Advisory Committee. It was further advised that the project was publicly advertised for bids, with four bids having been received on Tuesday, March 16, 2004; the lowest bid was submitted by E. C. Pace Co., Inc., in the amount of $706,472.00, with a construction time of 180 consecutive calendar days, and with the inclusion of a contingency; the requested amount for the project will be $777,000.00; funding in the amount of $777,000.00 is requested to complete the project and is available as follows: $180,000.00 in Account No. 002-530-8397, Crystal Spring Water Treatment Construction, $200,000.00 in Account No. 002-510- 2178-9026, Unidentified Plant Replacement, and $249,537.00 in Account No. 002-510-2178-9028, Water Maintenance-Painting, with the balance of funds, $147,463.00, to be taken from Water Fund retained earnings. The City Manager recommended that Council approve the transfer and/or appropriation of funds in the amount of $777,000.00 to an account to be established in the Water Fund by the Director of Finance entitled, Mill Mountain Water Project. Mr. Dowe offered the following ordinance: (#36659-041904) AN ORDINANCE to appropriate funding for the Construction Contract Award for the Mill Mountain Water Project, amending and reordaining certain sections of the 2003-2004 Water Fund Appropriations and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 68, Page 410.) Mr. Dowe moved the adoption of Ordinance No. 36659-041904. The motion was seconded by Mr. Harris and adopted by the following vote: 933 AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, and Mayor Smith---------------------------------------------7. NAYS: None----------------------------------------------~---O. BUDGET-STREETS AND ALLEYS-GRANDIN VILLAGE: The City Manager submitted a communication advising that Council has discussed on numerous occasions improvements for the 1300 block of Grandin Road in the vicinity of Memorial Avenue, which improvements involve installation of new curbs, sidewalks, street trees, conduit for future street lights, and new water and sewer lines; and improvements are supported by neighborhood organizations in the area. It was further advised that two bids were received on Tuesday, March 16, 2004, with E. C. Pace Co., Inc., submitting the low bid in the amount of $864,155.00; and funding for the project, which includes funds for miscellaneous project expenses, including advertising, prints, test services, minor variations in bid quantities, and unforeseen project expenses is available as follows: Transportation - Street Paving 001-530-4120-2010 Water - Capital Outlay 002-510-2178-9026 WPC - Lateral Maintenance 003-510-3170-9085 Traffic Signals - General 008-052-9560-9084 Capital Improvement Reserve - VDOT 008-530-9575-9210 Traffic Calming Initiatives 008-530-9799-9003 Curb, Gutter, Sidewalk #1 008-530-9804-9076 Total $ 98,650.00 $126,660.00 $169,510.00 $ 28,900.00 $164,722.00 $143,518.00 $218.040.00 $950,000.00 The City Manager recommended Council authorize transfer and/or appropriation of the required funding of $653,830.00, in accordance with amounts above described to an account to be established in the Capital Projects Fund by the Director of Finance entitled, "Grandin Road Streetscapes"; and transfer funding in the amount of $126,660.00 and $169,510.00 to new accounts in the Water and Water Pollution Control Funds, respectively, to be similarly titled, for the utility portion of the project. Mr. Cutler offered the following ordinance: (#36660-041904) AN ORDINANCE to appropriate funding for the Grandin Road Streetscapes Project, amending and reordinaing certain sections of the 2003-2004 General, Water, Water Pollution Control and Capital Projects Funds Appropriations and dispensing with the second reading by title of this ordinance. 934 (For full text of Ordinance, see Ordinance Book No. 68, Page 411.) Mr. Cutler moved the adoption of Ordinance No. 36660-041904. The motion was seconded by Mr. Harris an~j~d!lJ',t~J! ,tly, \~'il,.,fcqt~ewing vote: AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, and Mayor Smith---------------------------------------------7. NAYS: NONE--------------------------------------------------O. TRAFFIC-STATE HIGHWAYS-GREENWAY SYSTEM: The City Manager submitted a communication advising that the Virginia Department of Transportation (VDOn requires City Council resolutions documenting the City's support of a project in advance of placing the project in the State's Six-Year Improvement Program (SYIP); the draft SYIP published in March by VDOT fully funds 10th Street improvements, Wonju Street extension, and places 13th Street back into the program, with partial funding in fiscal year 2005; and in accordance with the 20-Year Long Range Transportation Plan endorsed by a resolution adopted by Council on October 23, 2003, a few small projects have been added to the draft SYIP, which include an intersection improvement at Riverland Road, Bennington Street, and Mt. Pleasant Boulevard, traffic signal systems equipment upgrades, and inclusion of recently received safety grant funds for enhancements to the proposed Lick Run Greenway crossing at 10th Street. It was further advised that resolutions for the three major projects of 10th Street, Wonju Street, and 13th Street have been adopted by Council in prior years; however, the three small project awards will require separate project programming resolutions to enable inclusion in the SYIP to be adopted by the Commonwealth Transportation Board on May 20, 2004; therefore, the City Manager recommended that Council adopt separate project programming resolutions for each of the three small projects as above described. Mr. Cutler offered the following resolution: (#36661-041904) A RESOLUTION requesting that the Virginia Department of Transportation establish an urban system highway project for improvements to the intersection of Riverland Road, Bennington Street and Mt. Pleasant Boulevard. (For full text of Resolution, see Resolution Book No. 68, Page 413.) 935 Mr. Cutler moved the adoption of Resolution No. 36661-041904. The motion was seconded by Mr. Dowe. Liz Belcher, Coordinator, Roanoke Valley Greenways, expressed appreciation for the work of City staff to review long range transportation plans which revealed that numerous projects would not be included in the State's Six Year Plan for quite some time; therefore, an effort was begun by City staff to look at what is realistic from a transportation standpoint, and to identify ways to fund the projects, sucll as the intersection of Riverland Road and Mount Pleasant Boulevard. She stated that grant opportunities were reviewed and City staff prepared a Virginia Department of Transportation application for safety improvements to Tenth Street for the greenway crossing. She expressed appreciation for the vision that has been implemented throughout the City to make Roanoke a liveable and walkable community. Mr. Chris Craft, 1501 East Gate Avenue, N. E., requested that the City address a dangerous traffic situation at the intersection of Bennington Street, Riverland Road and Mount Pleasant Boulevard, S. E. Resolution No. 36661-041904 was adopted by the following vote: AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, and Mayor Smith---------------------------------------------7. NAYS: None--------------------------------------------------O. Mr. Dowe offered the following resolution: (#36662-041904) A RESOLUTION requesting that the Virginia Department of Transportation establish an urban system highway project to upgrade signal equipment within the City's traffic signal systems. (For full text of Resolution, see Resolution Book No. 68, Page 414.) Mr. Dowe moved' the adoption of Resolution No. 36662-041904. The motion was seconded by Mr. Fitzpatrick and adopted by the following vote: AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, and Mayor Smith---------------------------------------------7. NAYS: None------------~-------------------------------------O. 936 Mr. Dowe offered the following resolution: (#36663-041904) A RESOLUTION requesting that the Virginia Department of Transportation establish an urban system highway project for improvements to 10th Street and the proposed Lick Run Greenway. (For full text of Resolution, see Resolution Book No. 68, Page 415.) Mr. Dowe moved the adoption of Resolution No. 36663-041904. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, and Mayor Smith----------------------------'------------------7. NAYS: None--------------------------------------------------O. BUDGET-POLICE DEPARTMENT -DRUGS/SUBSTANCE ABUSE-YOUTH: The City Manager submitted a communication advising that the City of Roanoke Outreach Detention/Electronic Monitoring Program provides court-ordered, pre-dispositional, intensive supervision of juveniles living within the community; program services are provided to juveniles who reside in the City of Roanoke and other jurisdictions such as Roanoke County, Botetourt, Salem, Craig County, and Alleghany County; each outside jurisdiction pays for services provided; the fiscal year 2003-04 revenue estimate for Outreach Detention/Electronic Monitoring Services is $30,000.00; and it is anticipated that actual revenue will exceed the estimate in the amount of $18,490.00. It was' further advised that in accordance with State mandates, all program revenue must be used for services that are speCifically outlined in the Board approved VJCCCA plan, and excess revenue must be appropriated for program activities. The City Manager recommended that Council increase the General Fund Revenue estimate by $18,490.00 in revenue Account No. 001-110-1234-1310, and appropriate funding in the amount of $18,490.00 to the following accounts: 001-631-3330-1004 Temporary Wages 001-631-3330-3070 Equipment Rental S 10,720.00 $ 7,770.00 937 Mr. Dowe offered the following ordinance: (#36664-041904) AN ORDINANCE to increase funding for the Outreach Detention/Electronic Monitoring Program, amending and reordaining certain sections of the 2003-2004 General Fund Appropriations and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 68, Page 416.) Mr. Dowe moved the adoption of Ordinance No. 36664-041904. The motion was seconded by Mr. Cutler and adopted by the following vote: AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, and Mayor Smith---------------------------------------------7. NAYS: None--------------------------------------------------O. BUDGET-HUMAN DEVELOPMENT: The City Manager submitted a communication advising that the Fifth District Employment and Training Consortium (FDETC), under an agreement with the Virginia Department of Social Services, received funding to operate the Opportunity Knocks Program; and since closing of the FDETC, the CitY of Roanoke Department of Social Services will be continuing operation of the Opportunity Knocks Program until June 30, 2004. It was further advised that Employment and Training Services have been provided by the Department of Social Services to assist disadvantaged individuals in obtaining full time employment, with the potential of higher paying wages and fringe benefits; and services will be reimbursed through the Virginia Department of Social Services. The City Manager recommended Council authorize acceptance of the grant award, appropriate funds totaling $42,500.00, and establish a revenue estimate of $42,500.00 in a grant account to be established by the Director of Finance. Mr. Bestpitch offered the following ordinance: (#36665-041904) AN ORDINANCE to establish funding for the Opportunity Knocks Grant, amending and reordaining certain sections of the 2003-2004 Grant Fund Appropriations and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 68, Page 417.) 938 Mr. Bestpitch moved the adoption of Ordinance No. 36665-041904. The motion was seconded by Mr. Dowe and adopted by the following vote: AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris and MayorSmith---------------------------------------------------7. NAYS: None--------------------------------------------------O. Mr. Fitzpatrick offered the following resolution: (#36666-041904) A RESOLUTION authorizing the acceptance of a grant from the Virginia Department of Social Services to be used to operate the Opportunity Knocks Program until June 30, 2004; and authorizing the execution of the necessary documents. (For full text of Resolution, see Resolution Book No. 68, Page 418.) Mr. Fitzpatrick moved the adoption of Resolution No. 36666-041904. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, and Mayor Smith---------------------------------------------7. NAYS: None--------------------------------------------------O. DONATIONS/CONTRIBUTIONS-FIRE DEPARTMENT: The City Manager submitted a communication advising that the Fire Brigade of the Kazim Temple, A.A.O.N.M.S. wishes to donate a 1941 American LaFrance antique fire truck, ID#BG169, to the Roanoke Fire-EMS Department; and the equipment is a very rare piece of fire apparatus which would be used in parades, placed on display and used for educational purposes. It was further advised that City of Roanoke Fleet Management personnel have inspected the fire truck and consider the equipment to be in good condition, with low maintenance needs, and if accepted, the unit would be housed in a Fire-EMS station for safe keeping, maintenance and static display; and the value of the fire truck exceeds $5,000.00 which requires approval by Council to accept as a donation. The City Manager recommended that she be authorized to accept the above referenced fire apparatus. 939 Mr. Bestpitch offered the following resolution: (#36667-041904) A RESOLUTION accepting the donation of a 1941 American LaFrance Antique fire truck for use by the City of Roanoke's Fire/EMS Department, and expressing appreciation for such donation. (For full text of Resolution, see Resolution Book No. 68, Page 419.) Mr. Bestpitch moved the adoption of Resolution No. 36667-041904. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, and Mayor Smith---------------------------------------------7. NAYS: None--------------------------------------------------O. CITY ATTORNEY: CITY CODE-COMMITTEES-PENSION: The City Attorney submitted a written report with regard to a request of Council to eliminate the residency requirement pertaining. to one member of the Board of Trustees of the City of Roanoke Pension Plan; whereupon, he transmitted an ordinance amending the City Code which will eliminate the residency requirement regarding the retired member of the Plan who serves pursuant to ~22.2-8(b)(6). Mr. Dowe offered the following ordinance: (#36668-041904) AN ORDINANCE amending subsection (b)(6) of ~22.2- 8, Board of Trustees aenerally. Article 2, Administration, Chapter 22.2, Pensions and Retirement, of the Code of the City of Roanoke (1979), as amended, in order to eliminate the residency requirement with respect to the retired member of the plan appointed to serve on the Board of Trustees of the City's Pension Plan, as currently set forth in ~22.2-8(b)(6); and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 68, Page 421.) 940 Mr. Dowe moved the adoption of Ordinance No. 36668-041904. The motion was seconded by Mr. Cutler and adopted by the following yote: AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, and Mayor Smith---------------------------------------------7. NAYS: None--------------------------------------------------O. STATE HIGHWAYS-TREES: The City Attorney submitted a written report advising that at the April 5, 2004 meeting of Council, the matter of supporting an application filed by Will Webb with the Virginia Department of Transportation (VDOn to plant white oak seedlings along certain sections of 1-581 within the City of Roanoke was referred to the City Attorney for preparation of a resolution; whereupon, he transmitted the appropriate measure for consideration by Council. Mr. Bestpitch offered the following resolution: (#36669-041904) A RESOLUTION supporting the application filed by Will Webb with the Virginia Department of Transportation to plant white oak seedlings along certain sections of 1-581 within the City of Roanoke. (For full text of Resolution, see Resolution Book No. 68, Page 422.) Mr. Bestpitch moved the adoption of Resolution No. 36669-041904. The motion was seconded by Mr. Cutler and adopted by the following vote: AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, and Mayor Smith---------------------------------------------7. NAYS: None--------------------------------------------------O. DONATIONS/CONTRIBUTIONS-SCHOOLS: The City Attorney submitted a written report advising that in 1948, there was an agreement between G. G. and Ollie P. Fralin and the Roanoke County School Board to exchange two parcels of property in Roanoke County adjacent to what is now Oakland Intermediate School, but the necessary deeds were not recorded; in 1949, the City of Roanoke annexed the area surrounding what is now Oakland Intermediate School from Roanoke County; the City of Roanoke became vested in the Roanoke County School Board property as a part of the annexation; on July 12, 1982, Council adopted Ordinance No. 26116, authorizing the City Manager to convey the City's portion of the land to be conveyed pursuant to the 1948 941 exchange agreement to the Fralin family, however, Council did not at that time accept conveyance ofthe property to be conveyed by the Fralin family which is currently used as the teachers' parking lot at Oakland Intermediate Schoc;>l; and the School Board has utilized the triangular parcel of property that the Fralin family seeks to convey to the City as a parking lot since the area was annexed in 1949, and desires that title to the parcel of land be obtained. It was further advised that the Fralin family would like to convey this portion of property to the City of Roanoke so that the Fralin family may sell the remaining portion of its property to a third party; whereupon, the City Attorney transmitted an ordinance authorizing acceptance of the property, once the deed is recorded, for consideration by Council. Mr. Dowe offered the following ordinance: (#36670-041904) AN ORDINANCE accepting from the Estate of Ollie P. Fralin the conveyance of a certain parcel of property for school purposes containing 0.183 acre, more or less, located on the northeasterly side of Williamson Road adjacent to Oakland Intermediate School and identified as a portion of Tax Map No. 3160127; and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 68, Page 423.) Mr. Dowe mOlied the adoption of Ordinance No. 36670-041904. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, and Mayor Smith---------------------------------------------7. NAYS: None--------------------------------------------------O. REPORTS OF COMMITTEES: ARCHITECTURAL REVIEW BOARD: The 2003 Annual Report of the Architectural Review Board was before Council. (For full text, see report on file in the City Clerk's Office.) 942 Without objection by Council, the Mayor advised that the report would be receiyed and filed. BUDGET-SCHOOLS: A communication from the Roanoke City School Board requesting the following appropriations and transfers was before Council: . $158,740.00 from the 2003-04 Capital Maintenance and Equipment Replacement Fund to provide for VHF hand-held radios, site-based capital maintenance equipment, and facility alteration requirements; . $96,406.00 from the School Food Services Fund Balance to provide for food service equipment; . $7,500,000.00 from Virginia Literary Fund initial construction costs for the Patrick Henry High School project; . $298,977.00 from Virginia Public School Authority Bonds to reflect actual reyenues received for school projects; . $225,000.00 for the Patrick Henry High School project, said funds will be transferred from the Capital Improvement Reserve for the modular unit setup and installation at Patrick Henry; · $210,000.00 for increased fuel and heating costs, said funds will be transferred from the Contingency for State sales tax deficit. The Director of Finance submitted a written report recommending that Council conc\Jr in the request of the School Board. Mr. Cutler offered the following ordinance: (#36671-041904) AN ORDINANCE to appropriate funding for equipment from the Capital Maintenance and Equipment Replacement Program (CMERP) and from the School Food Service Fund balance, amending and reordaining certain sections of the 2003-2004 School, School Capital Projects and School Food Service Funds Appropriations and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 68, Page 425.) 943 Mr. Cutler moved the adoption of Ordinance No. 36671-041904. The motion was seconded by Mr. Fitzpatrick and adopted by the following vote: AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, and Mayor Smith---------------------------------------------7. NAYS: None--------------------------------------------------O. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: BUDGET-CITY COUNCIL: Mr. Dowe offered the following resolution establishing a Special Meeting of Council to be held on Thursday, April 29, 2004, at 7:00 p.m., in the Council Chamber, for the purpose of holding public hearings on the recommended City Budget for Fiscal Year 2004-2005, the proposed HUD Consolidated Plan for Fiscal Year 2004-2005, and effective increase in the City's proposed real property tax rate: (#36672-041904) A RESOLUTION establishing the dates and times for a Special Meeting of the Council of the City of Roanoke. (For full text of Resolution, see Resolution Book No. 68, Page 427.) Mr. Dowe moved the adoption of Resolution No. 36672-041904. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, and Mayor Smith---------------------------------------------7. NAYS: None--------------------------------------------------O. BUDGET -COMMITTEES-SCHOOLS: Mr. Harris offered the follOWing resolution establishing a Special Meeting of Council to be held on Thursday, May 13, 2004, at 2:00 p.m., in Council Chamber, for the purpose of adopting measures in connection with the 2005 fiscal year budget, and appointment of two Trustees to the Roanoke City School Board: 944 (#36673-041904) A RESOLUTION establishing the date and time for a Special Meeting of the Council of the City of Roanoke. (For full text of Resolution, see Resolution Book No. 68, Page 428.) Mr. Harris moved the adoption of Resolution No. 36673-041904. The motion was seconded by Mr. Dowe and adopted by the following vote: AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, and Mayor Smith---------------------------------------------7. NAYS: None--------------------------------------------------O. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR, VICE-MAYOR AND MEMBERS OF CITY COUNCIL: POLICE DEPARTMENT-ACTS OF ACKNOWLEDGEMENT: Council Member Cutler commended the Roanoke City Police Department- Citizens Police Academy, which was named 2004 Agency of the Year by the National Citizens Police Academy Association at the 7th Annual NCPAA Convention in Austin, Texas. ACTS OF ACKNOWLEDGEMENT-YOUTH: Council Member Bestpitch advised that April is Child Abuse Prevention Month and commended the Children's Advocacy Center of the Roanoke Valley for its work with regard to child abuse prevention. SCHOOLS: The Mayor announced that Council will entertain comments by citizens at the 7:00 p.m., Council meeting with regard to applicants for the position of Roanoke City School Trustee. He advised that Linda F. Wyatt has withdrawn her application. Applications were submitted by the following persons prior to the deadline on Monday, April 19, 2004, at 12:00 p. m.: Dennis M. Binns Chris H. Craft Robert R. Craig David M. Dabay John W. Elliott, Jr. Roddy L. Hiduskey Glenda D. Lee Alvin L. Nash Courtney A. Penn Samuel Robinson Linda F. Wright 945 HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor adYised that Council sets this time as a priority for citizens to be heard and matters requiring referral to the City Manager will be referred immediately for any necessary and appropriate response, recommendation or report to Council. No citizens requested to be heard. CITY MANAGER COMMENTS: ACTS OF ACKNOWLEDGEMENT-CITY EMPLOYEES-YOUTH-DECEASED PERSONS: The City Manager commended City employees who participated in Citizens Appreciation Day on Saturday, April 17, 2004, at Valley View Mall. She advised that Saturday, April 17, was also Youth Services Day and commended the hundreds of young people who volunteered their Saturday to give service to others in the Roanoke community. She also advised that a service in memory of Ms. Greta Evans was held on Saturday, April 17, 2004, in recognition of the many contributions by Ms. Evans to the Roanoke community. At 3:50 p.m., the Mayor declared the Council meeting in recess for one Closed Session. At 4:20 p.m., the meeting reconvened in the Council Chamber, with all Members of the Council in attendance, Mayor Smith presiding. COUNCIL: With respect to the Closed Meeting just concluded, Mr. Bestpitch moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Dowe and adopted by the following vote: AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, and Mayor Smith---------------------------------------------7. NAYS: None-------------------------------------------------_O. OATHS OF OFFICE-COMMITTEES-HUMAN DEVELOPMENT: The Mayor advised that there is a vacancy on the Human Services Committee, to fill the unexpired term of Cynthia S. Bryant, ending June 30, 2004; whereupon, he opened the floor for nominations to fill the vacancy. 946 Ms. Wyatt placed in nomination the name of Randy L. Leftwich. There being no further nominations, Mr. Leftwich was appointed as a member of the Human Services Committee, to fill the unexpired term of Cynthia S. Bryant, ending June 30, 2004, by the following vote: FOR MR. LEFTWICH: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, and Mayor Smith-----------------------------------7. COMMITTEES-PENSIONS: The Mayor adYised that there is a vacancy on the City of Roanoke Pension Plan, created by the resignation of D. Duane Dixon, for a term ending June 30, 2004; whereupon, he opened the floor for nominations to fill the vacancy. Ms. Wyatt placed in nomination the name of Michael W. Hanks. There being no further nominations, Mr. Hanks was appointed as a member of the City of Roanoke Pension Plan, to fill the unexpired term of D. Duane Dixon, resigned, ending June 30, 2004, by the following vote: FOR MR. HANKS: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, and Mayor Smith-----------------------------------7. Inasmuch as Mr. Hanks is not a City resident, Ms. Wyatt moved that the City residency requirement be waived in this instance. The motion was seconded by Mr. Bestpitch and unanimously adopted. VIRGINIA MUNICIPAL LEAGUE: The Mayor advised that the following persons have been nominated by Council to serve on Virginia Municipal League Policy Committees: Council Member Beverly T. Fitzpatrick, Jr. Council Member M. Rupert Cutler Council Member Alfred T. Dowe, Jr. - Transportation - Environmental Quality - Human Development and Education - Finance - General Laws Jesse A. Hall William M. Hackworth 947 At 4:25 p.m., the Mayor declared the Council meeting in recess until 7:00 p.m., in the City Council Chamber. At 7:00 p.m., on Monday, April 19, 2004, the Council meeting reconvened in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding. PRESENT: Council Members Linda F. Wyatt, William D. Bestpitch, M. Rupert Cutler, Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., C. Nelson Harris and Mayor Ralph K. Smith-----------------------------------------------------7. ABSENT: None-----------------------------------------------O. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City Clerk. The meeting was opened with a prayer by Mayor Smith. The Pledge of Allegiance to the Flag of the United States of Amerit;a was led by Mayor Smith. PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE. PUBLIC HEARINGS: COMMITTEES-CITY COUNCIL-SCHOOLS: The City Clerk having advertised a public hearing for Monday, April 19, 2004, at 7:00 p.m., or as soon thereafter as the matter may be heard, to receive citizen comments with regard to the appointment of two Trustees to the Roanoke City School Board for three year terms of office, commencing July 1, 2004 and ending June 30, 2007, the matter was before the body. 948 Council previously extended the deadline for receipt of applications from March 10, 2004 at 5:00 p.m., until Monday, April 19, 2004, at 12:00 p.m. Applications were received in the City Clerk's Office from the following persons: Dennis M. Binns Chris H. Craft Robert R. Craig DaYid M. Dabay John W. Elliott, Jr. Roddy L. Hiduskey Glenda D. Lee Alvin L. Nash Courtney A. Penn Samuel Robinson Linda F. Wright Linda F. Wyatt (Withdrawn by Ms. Wyatt) Advertisement of the public hearing was published in The Roanoke Times and in The Roanoke Tribune on Thursday, April 8, 2004 and Thursday, April 15, 2004. The Mayor inquired if there were persons present who would like to speak in connection with the matter; whereupon, the following p!-!rsons addressed the Council: Ms. Vickie Royer, 3772 Norway Avenue, N. W., spoke in support of the application of Alvin L. Nash. She advised that: . Mr. Nash is just, fair and unbiased, with an unwavering compassion to those issues that he chooses to champion. · He is an excellent mediator who is trusted by citizens of the community to make the best decision for all persons involved. · He would bring a sense of calm in the midst of a storm to the School Board. · He exemplifies true leadership and integrity and his expertise will be yaluable in times of crisis and confusion. · As a co-worker and as a supervisor, he is neither condescending nor boastful. 949 . He strives to be available to help with problems that arise, and with the unrest and distrust that exist in the school community today, the qualities pf Mr. Nash will be a much needed asset. ' --. .. . Ms. Marcia Gunn, 3816 Panorama Avenue, N. W., spoke in support of the application of Alvin Nash, who is also her brother. She advised that: · He has always been a strong, constitutional man who wants to make the right choices and do the right things in life; he is a man of diligence, community based and loves people, community-wide. · He is a person who wants to help and to be a part of the solution. · He has worked long hours to achieve his many accomplishments; he is dependable, direct and wishes to make a contribution to the progress of the City. Ms. Annette Lewis, 4606 Casper Drive, N. E., spoke in support of the application of Alvin Nash. She advised that: · Having known Mr. Nash for oyer ten years, she has been impressed by his skills, which make him an excellent candidate for continued membership on the School Board. · He is fiscally responsible, intelligent, opened minded, fair and decisive. · As Executive Director, Blue Ridge Housing Development Corporation, he has the responsibility of managing a multi million dollar budget through government, civic and local contracts, which would not be possible without the training and leadership that he proYides to his staff by keeping them abreast of ever changing policies, procedures, regulations and requirements that govern a successful organization. · He is wise enough to know that it is necessary to weigh both sides of any issue in order to make informed decisions; and he does not hesitate to take the time to do the necessary homework to ensure that he is knowledgeable about the issues that he is called upon to address. 950 . He treats his staff, colleagues, friends and acquaintances with respect, valuing the opinion of all, regardless of their background or differen~~~oL~_~Ln1P1i'.',\".J'- . He is not afraid to make difficult decisions, even though difficult decisions are often unpopular. . The art of negotiation is one of his greatest skills and he has already brought those skills to the School Board. Ms. Lewis encouraged Council to reappoint Mr. Nash to the School Board in order to continue his work for the benefit of students, teachers, administrators, and citizens. Mr. Thomas Miller, 3429 Windsor Road, S. W., spoke in support of the candidacy of Linda F. Wright. He advised that: . Ms. Wright has a great commitment to children and to their education which is evidenced by her 30 years of service to the children of the Roanoke Valley, 21 years as an educator in the City of Roanoke and nine years as an educator in Roanoke County in the capacity of teacher, administrator and principal. . She is a parent who raised her children in Roanoke City Public Schools and she currently has a child enrolled in the Roanoke City school system. . She has been actively involved in the Roanoke City School system, while holding a full time job in the Roanoke County School system. · As an applicant, she is unique because of her background as an educator; many times policies and practices are implemented by a School Board or a central office, yet the practical implication of what takes place and how it impacts the schools on a daily basis is not considered; therefore, Council has the unique opportunity to appoint an educator to the School Board who can provide the necessary input on how policies and procedures will affect teachers, resource officers, principals and the entire school community. 951 · She has experienced, first hand, some of the problems and discomfort that others have experienced in the Roanoke City Public Schools, which giv~~ "Q,eril. !Jniqu~ perspectiye on how the school system has fciilea st~ae'nt;'ana-(ainilies. Mr. Miller requested that Council favorably consider the application of Ms. Wright as a member of the Roanoke City School Board. Mr. Roy White, 3009 Dover Drive, S. W., spoke in support of the application of Linda Wright. He advised that: · He has two children in the Roanoke City Schools and serves as Ms. Wright's Pastor at Raleigh Court United Methodist Church, where she is a member of the Staff Parish Relations Committee. · During difficult and traumatic issues concerning church staff, he has counted on her expertise as a professional and as an administrator to help navigate personnel issues. · She is an administrator who has earned the respect of students because they know she is interested in their well being. Mr. White requested that Council give serious consideration to the application of Ms. Wright for appointment to the Roanoke City School Board. Ms. Stephanie Dickinson, 3101 Hubbard Road, S. W., spoke in support of the application of Linda Wright. She advised that: · She (Ms. Dickenson) is Youth Director at Raleigh Court United Methodist Church, where she has known Ms. Wright through their shared ministry and friendship in the faith community. · Her passion is the protection, nurturing and development of young people in the Roanoke Valley. · The School Board has a unique opportunity to benefit from the wealth of knowledge and experience offered by Ms. Wright as an educator. 952 . She has served as a first, fourth and fifth grade teacher, as an instructor to gifted children in Roanoke City Schools; as Principal at Garden Citya,lJftVY,est~iq~, Elementary Schools; and she succeede-d" '-'m-L-'e-ducafing children from white/ethnic/minority families who are challenged by low income and she recognizes and addresses all sides of the issue. . She was involved in staff development in the Roanoke City Schools and has served as Principal at Penn Forest Elementary School for nine years, therefore, she knows the necessary requirements to provide quality instruction. . The School Board is directed with the responsibility of managing the school system through employment and evaluation of the School Superintendent and establishing policy and budgets; Ms. Wright has served under a number of School Superintendents during her career and will offer a valuable perspective in connection with selection of a new School Superintendent. · Penn Forest Elementary School is undergoing major renovations at this time, therefore, she knows how a school building impacts learning. · When reviewing the present membership of the School Board, there is a diversity of profeSSionals ranging from financial, medical, legal, housing and social work backgrounds, some of which have long experience in serving on Parent-Teacher Associations, and this group of individuals would benefit from the depth of experience in education that Ms. Wright would bring to the School Board. · It is the responsibility of the School Board to ensure that the public understands the school system's goals and programs, therefore, Ms. Wright's knowledge, integrity and compassion would build public support and trust in Roanoke City Public Schools. 953 Mr. Craig Balzer, 6329 Spring Run Drive, spoke in support of the candidacy of AIYin Nash. He advised that: . He (Mr. Balzer) currently .$ervElliii'"a:uChair of the Blue Ridge ; ,! \ \ : .;....'.j;.;\ '.."-. ",-."- ~- Housing Develo.pment Corporation where Mr. Nash is Executive Director, and they have worked together on numerous issues which have allowed Mr. Nash to brief the Board of Directors on pertinent matters and to enlist the support of the Board to ensure that he was not stepping outside of his bounds of authority. . He takes the roles that he assumes seriously and when he takes on a job, he does not allow other duties and responsibilities to suffer. Ms. Lisa Updike, 2803 Woodlawn Avenue, S. W., spoke in support of the application of Linda Wright. She advised that: . The Roanoke City School system has been under much scrutiny and much of the speculation and judgments have been negative; therefore, the expertise of Ms. Wright is needed to change the perception of negativity; and Council has the power to impact a negative situation by appointing the right School Board members. · The School Board is charged with the responsibility of hiring a new school Superintendent who will carry Roanoke City Schools through the next decade; if the City is to stem the perception of negativity, it is vital that School Board members possess a background in the workings of education. She would proyide an insider' knowledge that others from different careers could not provide and her input would be invaluable in allowing the School Board to lead with confidence and authority, making and implementing decisions that will save the community from costly and embarrassing problems that could occur in the future. Ms. Updike requested that Ms. Wright's wealth of experience and devotion to service not go to waste; and her dedication to education and to children makes her the most valuable person to be appointed to the School Board. 954 Mr. Rick Moore, 3004 Northview Drive, S. W., spoke in support of the application of Linda Wright. He adYised that he is the parent of three children enrolled in the Roanoke City Schools, therefore, he wants the City's school system to succeed. He adYised that: --" ,-.. ,~r':;'. v' : _',-, _ i \'. l"'/'. .:.l.~.',,_!~=- . Ms. Wright will bring the perspective of teacher, principal, and parent to the School Board, which will also help the School Board through troubled times. . Her expertise on classroom issues and strong community commitment makes her the right choice for the Roanoke City School Board because she cares about children, teachers and the City and would be an asset to the Roanoke City School Board. Ms. Trisha Edwards, 3045 Poplar Lane, S. W., spoke in support of the application of Linda Wright. She advised that: . Ms. Wright comes with no established agenda, other than to be an adyocate for the children and the parents of the City of Roanoke. . As a principal, she is familiar with the Code of Virginia and requirements of the State Department of Education; and as the parent of a child enrolled in Roanoke City schools she has knowledge of day to day activities in the schools. Ms. Edwards advised that Ms. Wright will be an asset to the Roanoke City School Board, and requested that she be appointed to the position of School Trustee. Mr. Robert Craig, 701 12th Street, S, W., advised that the School Board's budget makes the cost of the stadium/amphitheater project small in comparison, in addition to the $90 million bond issue, both of which are issues that will be of major importance the School Board. He stated that the City Code provides that Council will select members of the Roanoke City School Board from those applications filed with the City Clerk by March 10, therefore, absent an amendment to the City Code, it was cavalier of the Council to extend the period for receipt of applications to April 19, 2004. 955 Ms. Allison Blanton, 1701 Arlington Road, S. W., spoke in support of the application of Linda Wright. She advised that: . Ms. Wright has children who have gone through elementary, middle and high school in the Roanoke City Public School system. . She is dedicated to children by placing them first and foremost. . She is held in high regard because of her clear commitment to children and education; she is strong in staff development and not only does she care about the children, she also cares about teachers and other staff. · A wide array of talents exist on the present School Board, but concern for teachers may be lacking and Ms. Wright would bring this ingredient to the School Board. Ms. Blanton encouraged Council to appoint Ms. Wright to the Roanoke City School Board. There being no further speakers, the Mayor declared the public hearing closed. Mr. Fitzpatrick moved that Council convene in Closed Session to discuss two vacancies on the Roanoke City School Board, pursuant to Section 2.2-3711 (A)(l), Code of Virginia (1950), as amended. The motion was seconded by Mr. Cutler and adopted by the following vote: AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, and Mayor Sm ith ------------------------------------------------------6. NAYS: None-------------------------------------------------O. (Council Member Wyatt abstained from voting.) 956 ZONING: Pursuant to instructions by Council, the City Clerk having advertised a public hearing for Monday, April 19, 2004, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a request of Echo Sentinel Group, L.L.c., to repeal conditions approved pursuant to Ordinance No. 35070- 100200 and to replace such conditions with new proffered conditions, with regard to property located at 3509 Peters Creek Road, N. W., identified as Official Tax No. 6421133, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, April 2, 2004, and Friday, April 9, 2004. The City Planning Commission submitted a written report advising that the petitioner requests that proffers enacted pursuant to Ordinance No. 35070-100200 be repealed and replaced with the following proffered conditions: That the property will be developed in substantial conformity with the Schematic Site Plan for Echo Sentinel Group, prepared by ACS. Design, under date of March 1, 2004, subject to any changes that may be required by the City during comprehensive site deyelopment plan reYiew; That the property will be developed in substantial conformity with the Front Elevation Plan dated January 8, 2004, prepared by Alam Design Group, subject to any changes that may be required by the City during comprehensive building plan review; and If a freestanding sign is erected on site, it shall be limited to a monument style sign with a maximum height of ten feet and a maximum signage surface area of 50 square feet; the sign shall have an appearance similar to and use materials like those proposed for the building elevation indicated on Exhibit 4. The petitioner further requests that a new site plan and front building elevation be substituted for the existing plans binding on the subject property as enacted in 2000; and the newly proffered site plan notes the following: · A building with a footprint of 2,500 square feet, oriented to Lewiston Street and sited with its front corner situated 33 feet from the right-of-way of Peters Creek Road (minimum front yard on Peters Creek Road is 30 feet; secondary front yard requirement on Lewiston is 15 feet); 957 . A 30 foot curb cut on Lewiston Street; . 18 off-street parking spaces, three of which are in a covered parking area, plus two handicap accessible spaces; . Street trees as required by Code; and . A ten foot wide evergreen screening buffer along the southern property line adjacent to a residentially-zoned property as required by Code. The petitioner further proffers a front elevation that delineates a brick fac;ade, two-story building, with an attached covered parking area. The City Planning Commission recommended that Council approve the request for amendment of proffers, given the appropriateness of proffered conditions in terms of scale and density of the development, minimizing access to the site, off-street parking and signage, and developing a two-story building. Mr. Dowe offered the following ordinance: (#36674-041904) AN ORDINANCE to amend ~36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 642, Sectional 1976 Zone Map, City of Roanoke, by repealing Ordinance No. 35070-100200, placing certain conditions on Official Tax No. 6421133, and replacing such conditions with new conditions on the subject property which is conditionally zoned C-1, Office District, and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 68, Page 430.) Mr. Dowe moved the adoption of Ordinance No. 36674-041904. The motion was seconded by Mr. Cutler. Joseph Lohkamp, Co-Owner, Sentinel Group, LLC, appeared before Council in support of the request. 958 The Mayor inquired if there were persons present who would like to be heard in connection with the matter. There being none, he declared the public hearing closed. Because of the lack of hardiness of Bradford pear trees, Council Member Cutler suggested that another species of trees be considered as a part of the site plan. There being no further discussion or comments by Council Members, Ordinance No. 36674-041904 was adopted by the following yote: AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris and Mayor Smith --------------------------------------------------7. NAYS: None-------------------------------------------------O. CITY PROPERTY-LEASES-COMMONWEALTH OF VIRGINIA BUILDING: Pursuant to instructions by the Council, the City Clerk haying advertised a public hearing for Monday, April 19, 2004, at 7:00 p.m., or as soon thereafter as the matter may be heard, on an extension of an existing lease with the Untied States Federal Government, General Services Administration, of a portion of City-owned property known as the Commonwealth Building, located at 210 Church Avenue, S. W., for office space through October 31, 2004, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, April 9, 2004. The City Manager submitted a communication advising that the United States General Services Administration (GSA) leases the second floor of the Commonwealth Building for use by the Federal Bankruptcy Court and affiliated offices, the lease agreement expired on January 31, 2004, however, the original agreement provides the GSA with an option to continue the agreement on a month-to-month basis (not to exceed 90 days), if the GSA retains possession of the premises beyond the expiration date; and the GSA is currently exercising its option and is interested in continuing the lease of the second floor, as well as initiating the lease of an additional office suite on the first floor. 959 It was further advised that currently, the GSA leases 12,413 square feet on the second floor of the Commonwealth Building; current lease rate is $6.50 per square foot plus $4.07 per square foot for operating costs; the agreement requires an annual increase of operating costs based on the Consumer Price Index 1982 - 1984 = 100; current total annual rent is $131,290.08; the GSA has agreed to lease an additional office suite on the first floor upon completion of renovations designed to meet the needs of the Bankruptcy Court; current construction schedule for the additional space lists an anticipated completion date around the end of August; the GSA is prepared to execute an agreement with the City of Roanoke for the additional space when construction is completed; the current lease agreement must be extended until the new space is ready for occupancy; and upon completion of the new space, a new agreement will be required to include all leasable space. The City Manager recommended that she be authorized to offer and to execute an extension of the existing lease between the City of Roanoke and the General Services Administration through October 31, 2004, to 0 allow appropriate time for renovation of the first floor office suite and completion of the new lease agreement, with all documents to be approyed by the City Attorney. Mr. Fitzpatrick offered the following ordinance: (#36675-041904) AN ORDINANCE authorizing the extension of an existing lease between the City of Roanoke and the General Services Administration of the United States of America for the lease of certain space in the Commonwealth Building, located at 210 Church Avenue, S. W., for a period ending October 31, 2004; authorizing the City Manager to execute the requisite lease extension agreement; and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 68, Page 431.) Mr. Fitzpatrick moved the adoption of Ordinance No. 36675-041904. The motion was seconded by Mr. Harris. The Mayor inquired if there were persons present who would like to be heard in connection with the matter. There being none, he declared the public hearing closed. 960 There being no discussion or comments by Council Members, Ordinance No. 36675-041904 was adopted by the following yote: AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris and Mayor Smith---------------------------------------------7. NAYS: None-------------------------------------------------O. DONATIONS-CITY PROPERTY-HOSPITALS: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, April 19, 2004, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the proposed conveyance of portions of City-owned property located at the intersection of Yellow Mountain Road and Jefferson Street, S. E., Official Tax No. 4060502, to Carillon Medical Center for expansion purposes, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, April 9, 2004. The City Manager submitted a communication advising that the City of Roanoke currently owns property located adjacent to Roanoke Memorial Hospitals, and Carillon Medical Center is proceeding with expansion of thehospital and is in need of a portion of the property which jogs into the Carilion site; and Carillon Medical Center has agreed to purchase the property from the City at its appraised yalue. It was further advised that a plat was prepared subdiyiding City-owned, Official Tax No. 4060502; the 0.427 acre "Parcel B" and the 0.026 acre "Parcel D" as shown on Attachment No. 1 to the communication is the area proposed to be conveyed to Carilion Medical Center; an appraisal was prepared by Miller, Long & Associates, Inc., on February 24, 2004, for Parcel B; the fee simple market value was determined to be $95,000.00, or $5.11/square foot; Parcel D has been added since the appraisal, but is of a similar location and nature; and extending the same square foot price to Parcel D would bring the appraisal for both parcels of land to $100,780.00. The City Manager recommended sale of the property to Carilion Medical Center for $100,780.00 by special warranty deed, such deed to be approyed as to form by the City Attorney. 961 Mr. Fitzpatrick offered the following ordinance: (#36676-041904) AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of a .0427 acre parcel and a 0.026 acre parcel of City-owned property known as Parcel Band Parcel D, respectively, being portions of Official Tax No. 4060502, located adjacent to Roanoke Memorial Hospital, to Carillon Medial Center, as shown on a plat from records and boundary line adjustments for Carilion Medical Center showing the resubdivision of Official Tax No. 4060502, containing 58.189 acres and dated March 24, 2004, upon certain terms and conditions, and contingent upon approval of the City's subdivision plat; and dispensing with the second reading of this ordinance. (For full text of Ordinance, see Ordinance Book No. 68, Page 433.) Mr. Fitzpatrick moved the adoption of Ordinance No. 36676-041904. The motion was seconded by Mr. Harris. The Mayor inquired if there were persons present who would like to be heard in connection with the matter. There being none, he declared the public hearing closed. There being no discussion or comments by Council Members, Ordinance No. 36676-041904 was adopted by the following vote: AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris and Mayor Smith---------------------------------------------7. NAYS: None-------------------------------------------------O. EASEMENTS-CITY PROPERTY-ROANOKE GAS COMPANY: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, April 19, 2004, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the proposed conveyance of a ten-foot by ten-foot easement across City-owned property located in Jackson Park, S. E., Official Tax No. 4130501, to Roanoke Gas Company for relocation of an eight-foot high relief valve from the northern side of Morningside Street, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, April 9, 2004. 962 The City Manager submitted a communication advising that pursuant to Ordinance No. 36532-102303, Council approved the request of Roanoke Gas Company for a ten-foot by ten-fo9Ha~~":!~~itio~fiitx::-9wned property located in Jackson Park, S. E., in order to re1<,-cate-iIr'I'l!ig11t-idot high relief yalve from the northern side of Morningside Street; the contractor installing the valve failed to locate the valve within the specified easement area; and Roanoke Gas Company is requesting that the easement area be revised to accommodate the actual location of the valve, which is approximately 53' from the property line adjacent to Langhorn Street, instead of 27'11" as shown on the original request. Following the public hearing, the City Manager recommended that she be authorized to execute the appropriate document granting the easement as above described to Roanoke Gas Company, said document to be approved as to form by the City Attorney. Mr. Cutler offered the following ordinance: (#36677-041904) AN ORDINANCE authorizing the donation and conveyance of a ten-foot by ten-foot easement on City-owned property known as Jackson Park, identified by Official Tax No. 4130501, to Roanoke Gas Company, to relocate an eight foot high valye from the northern side of Morningside Street to fifty-three feet from the property line adjacent to Langhorn Street, upon certain terms and conditions; dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 68, Page 434.) Mr. Cutler moved the adoption of Ordinance No. 36677-041904. The motion was seconded by Mr. Fitzpatrick. The Mayor inquired if there were persons present who would like to be heard in connection with the matter. There being none, he declared the public hearing closed. There being no discussion or comments by Council Members, Ordinance No. 36677-041904 was adopted by the folloWing vote: 963 AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris and MayorSmith---------------------------------------------------7. NAYS: None--------------------------------------------------O. EASEMENTS-CITY PROPERTY-CABLE TELEVISION: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, April 19, 2004, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the proposed conveyance of a perpetual five foot wide by 130 foot long easement across City-owned property located at Franklin Road, S. E., Official Tax No. 4016004, to Cox Communications, Inc., to provide telecommunications service to a building located at 111 Franklin Road, S. E., the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, April 9, 2004. The City Manager submitted a communication advising that Cox Communications, Inc., (Cox) has requested a perpetual five foot wide by 130 foot long easement to locate telecommunications facilities on City-owned property identified as Official Tax No. 4016004; the easement will permit installation of fiber optic cables, fixtures and appurtenances necessary to provide telecommunications services to the building located at 111 Franklin Road; if facilities located within the easement are remoyed, the easement shall become null and void; and Cox has agreed to pay $1,850.00 for the easement. Following the public hearing, the City Manager recommended that she be authorized to execute the appropriate documents granting a five foot wide by 130 foot long easement as above described to Cox Communications, Inc., to be approved as to form by the City Attorney. Mr. Bestpitch offered the following ordinance: (#36678-041904) AN ORDINANCE authoriZing the donation and conveyance of a perpetual five foot by one hundred thirty foot easement on City-owned property at Franklin Road, S. E., identified by Official Tax No. 4016004, to Cox Communications, Inc., to install fiber optic cables, fixtures and appurtenances for the purpose of providing telecommunication services to the building located at 111 Franklin Road, S. E., upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 68, Page 435.) 964 Mr. Bestpitch moved the adoption of Ordinance No. 36678-041904. The motion was seconded by Mr. Cutler The Mayor inquired if there werepersonsJ:?resent who would like to be heard in connection with the matter: rh~'e"l:)e'in9'-rione, he declared the public hearing closed. There being no discussion or comments by Council Members, Ordinance No. 36677-041904 was adopted by the following vote: AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris and Mayor Sm ith---------------------------------------------------7. NAYS: None--------------------------------------------------O. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that Council sets this time as a priority for citizens to be heard and matters requiring referral to the City Manager will be referred immediately for any necessary and appropriate response, recommendation or report to Council. POLICE DEPARTMENT-COMPLAINTS: Mr. Robert Gravely, 729 Loudon Avenue, N. W., expressed concern with regard to legal issues, growth of the City of Roanoke based on the work of its citizens, the need for more jobs leading to a reduction in crime, respect for the work of people, compassion for people which will cause more persons to want to live in the Roanoke area, an improved relationship with the City's employee workforce, and the need for a program that will empower City employees to do their jobs in a better way. At 7:50 p.m., the Council meeting was declared in recess for one closed session. At 8:05 p.m., the meeting reconvened in the City Council Chamber, with all Members of the Council in attendance, except Ms. Wyatt, Mayor Smith presiding. COUNCIL: With respect to the Closed Meeting just concluded, Mr. Bestpitch moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempt from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Dowe and adopted by the following vote: 965 AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, and MayorSmith-------------------------------------------------------6. NAYS: None--------------------------------------------------O. (Council Member Wyatt was absent.) SCHOOLS: Mr. Harris moved that Alvin L. Nash, Courtney A. Penn and Linda F. Wright receive the formal interview for the position of School Trustee on Thursday, April 22, 2004, in the City Council Chamber, said interviews to commence at 4:30 p.m. The motion was seconded by Mr. Bestpitch and adopted. At 8:10 p. m., the Mayor declared the Council meeting in recess until Thursday, April 22, 2004, at 4:30 p. m., in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, at which time Council will conduct interviews for two vacancies on the Roanoke City School Board. The Monday, April 19, 2004, regular meeting of Roanoke City Council, which was recessed until Thursday, April 22, 2004, was called to order at 4:30 p.m., in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor Ralph K. Smith presiding. PRESENT: Council Members Linda F. Wyatt, William D. Bestpitch, M. Rupert Cutler, Beverly T. Fitzpatrick, Jr., C. Nelson Harris, and Mayor Ralph K. Smith------------------------------------------------------------6. ABSENT: Council Member Alfred T. Dowe, Jr.-----------------------1. OFFICERS PRESENT: Mary F. Parker, City Clerk. SCHOOL BOARD APPLICANTS PRESENT: Alvin L. Nash, Courtney A. Penn and Linda F. Wright. The invocation was delivered by Mayor Smith. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Smith. 966 SCHOOLS: The Mayor adyjsed that on June 30, 2004, the terms of office of Alvin L. Nash and Ruth C. Willson as Trustees of the Roanoke City School Board will expire; and the purpose of the reconvened meeting is to interview three candidates for two positions on the Roanoke City School Board, for three year terms of office, commencing July 1, 2004 and ending June 30, 2007. The Mayor further adYised that Council will publicly interview each candidate separately and out of the presence and hearing of the other candidates, and interviews have been scheduled in the following order: 4:30 p.m. 5:00 p.m. 5:30 p.m. Alvin L. Nash Courtney A. Penn Linda F. Wright The Mayor explained that each candidate will be given the opportunity to make an opening statement of not more than five minutes; and thereafter, Council will ask such questions as the Council, in its discretion, deems advisable. He stated that three interviews will be held and each interview will consist of approximately 30 minutes; after each interview has been completed, the candidate may leave the Council Chamber inasmuch as no action will be taken by the Council this evening; and all interviews will be taped by RVTV Channel 3 to be televised on April 26, 2004, at 11:00 a.m. and May 4, 2004, at 8:00 p.m. The first person to the interviewed was Alvin L. Nash. Mr. Nash expressed appreciation for the consideration afforded to him by the Council. He advised that: . The past four months that he has served on the School Board haye been more than he expected, but also one of the most rewarding experiences of his life. . Education is the key ingredient to economic opportunity and leads to a healthy, productive life and environment. . Students, parents, teachers and administrators make up the system which demands strong communication and cooperation. 967 . The pride and joy of any progressiye community should be its educational system and education should be judged by not only what the well instructed prove to know, but more fully by what students are empowered to do in fulfilling their lives. . The School Board is responsible to the community to ensure quality education and a safe environment; and fiscal responsibility and leadership are paramount for a productive school system. . The School Board must be proactive and precise in its actions. . One of his strengths is problem solving and relationship building. . Over a period of time, he would introduce an agenda of changes to the School Board, such as a Superintendent of Education and a Director of Operations, in order to separate the bricks and mortar from the books, because the responsibility of Superintendent is too large and complicated for only one person, and the two positions would lead to a more sophisticated management system. . The School Board should have a full time Clerk independent of the Office of Superintendent to address management issues and responsibility. . It is important for the School Board to participate in focus group meetings with only teachers in attendance at least once per year in order to obtain input on various issues. . The responsibility of "ambassador" should be added as the second or third priority of the new School Superintendent. . He looks forward to participating in the selection of the next Superintendent because strong leadership is needed. 968 . It has been recommended to the School Board that the Chair rather than the Superintendent deliver the annual State of the Schools Address at the beginning of the school year, in order to bring the School Board closer to teachers and to students so that all parties understand that the School Board is a part of the vision, and the Board is in charge and aware of concerns. . He offered a motion, which was approved by the School Board, to establish a School Incident Report, which will be the responsibility of the Superintendent and will be provided to the School Board on a nine week reporting cycle; the report will include every incident that occurs whether reported by the principal, teacher or the School Resource Officer; in situations where the reporting parties do not agree on a category of incident, the incident will be reported both ways, since it is important to receiye all information; such reporting in and of itself will not make the schools safe, but having all information to process will lead to making better decisions; and the School Incident Report, along with School Safety Task Force results, will allow the School Board to continue working on issues of school safety, discipline, crime and violence. . The School Board is in the "education" business by definition, but the Board is also in the "comfort" business by necessity, which means that if parents, teachers and students are not comfortable with what is happening in the schools, the School Board must examine the system. . The next three years will be critical; Patrick Henry High School must be built within a tight budget and then make way for William Fleming High School improyements; a new School Superintendent must be hired; and the work of the School Safety Task Force must be processed and translated into policies that provide a reasonable expectation that the School Board cares about and knows what is going on in the schools. 969 . The City Manager has explained the importance of safe schools to the overall perception of the City of Roanoke in terms of businesses locating in the City and/or persons retiring to the area; the public image of the schools must be addressed because there are good things happening in Roanoke City Public Schools, with many excellent teachers and programs that must be promoted; there must be continued translation of policies in regard to the Standards of Learning and the No Child Left Behind Program; and he looks forward to being a part of the City's ongoing educational program. Mr. Bestpitch asked the following questions: In view of the importance of public image, and a perceived rift by the general public between City Council and the School Board, what are specific things that need to happen in order to ensure a strong cooperative working relationship between City Council and the School Board? Mr. Nash referred to the "buddy system" which has some merit, but needs to be improved upon; there should be more meetings of the two bodies; there is a need for appointment of a public relations committee; School Board members should be more involyed in the work of Council in order to promote the City; a type of reporting mechanism similar to that which currently exists between the Superintendent and the City Manager would be beneficial; and the relationship between Council and the School Board needs to be strengthened. He stated that he did not believe that there is a rift between Council and the School Board, but a lack of opportunities to work together. If the Council and the School Board is to have a strong working relationship, or a partnership that includes not only the Council and the School Board, but the Superintendent and the school administration, how can teachers and other staff be made to believe that they are a part of the partnership? Mr. Nash advised that the only way people feel comfortable or a part of something is to involve them in the process and spoke in support of working closer with Teacher Associations and Parent-Teacher Associations, because parents also need to feel a level of comfort in the relationship. He stated that a new structure needs to be looked at from the level of School Board and City Council, and then look at a mechanism(s) that will involve other persons involved in the school system. 970 Mr. Cutler asked the following questions: With regard to school safety and those students who are unable to function in a regular school setting and are assigned to alternatiye education, do you have suggestions on how to capture the attention of these young people in order to keep them in school and to help them lead productive lives? Mr. Nash advised that one of the problems is the collection of students who have experienced problems in the regular school setting; therefore, their social skills and attitudes and what they believe is proper and right is concentrated with each other and they become the general population; academics or activities that address their specific problems will help to keep them in school longer; and there is a need for more parental involvement at the Noel C. Taylor Learning Center as opposed to Patrick Henry High School for example. He stated that he served on a review panel regarding two student expulsions, and it was difficult to make the decision to expel the students because they were the victims of a certain type of social life, or a lack of alternatives; and even though basic academics are necessary, anger control and social skills must be intensified. Do you see an opportunity to intensify anger control and social skills? Mr. Nash advised that there is an opportunity to improve social teaching and social skills at a cost of time and money, but such is not now the agenda of the School Board. He called attention to a lack of programs for the alternative education student, he is committed to addressing the problem, it should be difficult for a student to be expelled from the school system, but at the same time there must be an established standard because the school system cannot tolerate a student who is a trouble maker. Mr. Fitzpatrick asked the following questions: What is your perspective on where the City is with regard to educational excellence? The safety issue is very important, but it is not as bad as some persons have stated. Do you feel comfortable with the current level of education? 971 Mr. Nash advised that Roanoke City is close to being OK; Roanoke has an excellent educational/academic system, with good teachers and instructional mechanisms in place, but the school system needs to continue to work on education because education can always be improved upon; as the School Board searches for a new Superintendent, it will be looking at ways to address educational excellence to ensure that once the safety issues are addressed, or the perception of violence, etc., that Roanoke City is also in line with the Standards of Learning, the No Child Left Behind Program and academic discipline; and academic discipline is an exciting part of the school system and is the part that translates to the community that the City of Roanoke' has a good school system and is an excellent place for children to be educated, which has not been in the forefront to date and calls attention to the need for strong public relations to counter balance some of the negative occurrences. What can be done to help assure parents that the School Board is in control of school issues? Mr. Nash advised that the School Board is not only in the "education" business, but in the "comfort" business as well, communication and public relations issues must be addressed, parents must receive the assurance that their children will experience a great educational challenge while forming relationships and friendships, Roanoke must proYide the image that its schools are safe, more parental involvement is important, the school system should not be managed by crisis but through development of a plan leading to the right image and perception of Roanoke City Schools. Mr. Fitzpatrick referred to an incident where a third grade student attacked a teacher and the negative response by the parent. He inquired if something can be done by the School system and the City collectively to overcome the negative attitudes by some parents. Mr. Nash referred to his previous remarks concerning the issue of expelling students and advised that his hesitation to expel a student was not so much because of what the student did, but because of the student's lack of a support system at home; and a common problem would create a stronger relationship between Council and the School Board, and the motivation to encourage some parents to participate in their child's education and to display a more positive attitude is a difficult issue to address. 972 Vice-Mayor Harris asked the following questions: Given the context that the school system is currently in, how serious will the School Board take the expulsion recommendations of the Superintendent and School Administration? Mr. Nash advised that it is the responsibility of the School administration to ensure that all things have been done properly once a case reaches the School Board for expulsion consideration; there is no hesitation on the part of the School Board to act on expulsions because the School Board has the responsibility to protect the school system; it is the responsibility of the School administration to bring forth a good case and it should be very difficult for a student to be expelled; the Superintendent and administration almost always err on the side of being too tolerant; and the School Board is diligent in responding to an expulsion where background information is in order because the School Board must uphold the law and the integrity and protection of other students. Given the City's current list of capital projects, from the standpoint of an individual School Board member and the School Board as a whole, what is the School Board prepared to do relative to the scale and cost of renovations to Patrick Henry and William Fleming High Schools? Mr. Nash adYised that the School Board understands the mandate of Council regarding debt service, and the Board has made a recommendation to adjust debt service; the School Board has learned to ask the right questions and to encourage the School administration to come to the School Board for guidance; and the Patrick Henry High School building plan is the first time that a project of this magnitude has occurred, therefore, certain estimating mistakes were made and the School Board is conscious of keeping the project under cost, while being fiscally responsible. Council Member Wyatt did not participate in the interview. The Mayor expressed an interest in the concept of having management oversee the school plant and an educator oversee the education component. He stated that he believes in the system of the election of Council by the citizens and School Board appointments by the Council, and called attention to an incident which occurred before Mr. Nash was appointed to the School Board when the School Board contradicted a majority decision of City Council. He advised that in the future, it is hoped that the School Board will follow the Council's lead. He stated that he had no questions to ask of Mr. Nash. 973 The second person to be interviewed was Courtney A. Penn. Mr. Penn advised that: . He is applying for the position of School Trustee due to personal and professional experiences that will allow him to be a valuable team member, thus adding to core competencies in areas of expertise of continuing School Board members. . One of the assets he would bring to the School Board is his experience on the "book ends" of publiC education, and he knows the requirements in order to be successful on a college campus due to his personal experience at Washington and Lee University. . He understands the importance of preparing preschool children for success in kindergarten. . If selected to the School Board, he will bring a commitment to work collaboratively and hopes to be a part of a School Board that will work cooperatively with City Council to set a distinct course of action for the publiC education component of the City of Roanoke; and it is hoped that Council will have the faith and confidence in the School Board to allow the Board to protect the City's investment by implementing a vision for education. · He has a Yision of what is pOSSible in Roanoke when there is courage to question leadership, to refrain from rash judgment, to inyestigate and when appropriate, to implement non-traditional initiatives; he has a vision for a school system that sows the seeds of competition and yields trust, respect, and engagement; he has a vision for a school system that makes communication a priority where decisions can be debatable but the rationale and relationship to the overall vision is clear, concise and thoroughly communicated to all stakeholders; he has a vision for Roanoke City Schools that engages the traditionally disengaged student to prepare 974 them for a future so that they can contribute to society rather than impose on society; and he has a vision of what is possible with continued courage, collaboration and communication. . He is a native of Roanoke who returned to the Roanoke Valley approximately six years ago with two goals in mind upon his return: one: to get married and start a family and two: to contribute to the community that nurtured him; today, he and his wife are the parents of a five year old son and a nine month old daughter, and his son attends Fishburn Park Elementary School which causes him to be even more committed to his civic vision. . He expressed appreciation to those who currently serve, or have recently served, on the School Board. . There are challenges that must be addressed, but at the same time astounding progress is being made on the academic side of the school system that should not be overlooked, with test scores that continue to rise, the drop out rate has decreased, teacher quality is stronger than ever, and students and teachers are being recognized for various accomplishments throughout the Commonwealth of Virginia. . If all of the good things that the School administration and the faculty have accomplished is not recognized, the hard work of many dedicated professionals and support staff will be devalued. . If appointed to the School Board, he will do everything in his power to return schools to the Roanoke community that are worthy of the children and the families that they serve. Mr. Fitzpatrick asked the following questions: What are your ideas about addressing the school safety issue, whether perceived or realistic? 975 Mr. Penn adYised that school safety is an issue as long as it is strongly perceived by a large segment of the community to be an issue; there is a need to continue to dwell on some of the good things that are happening in Roanoke's school in an effort to be more proactive; if students know that the City of Roanoke offers a good school system, they will be more energized to make the system stronger and that kind of perspective builds upon itself; and communication has been the major problem that allows the safety perception issue to prevail in Roanoke City Public Schools. Vice-Mayor Harris asked the following question: Based on your background or experiences, how would you contribute to shape or inform with regard to renovation/rebuilding of Patrick Henry and William Fleming High Schools? Mr. Penn advised that he has no personal or professional experience with projects of this magnitude, but he understands his own personal checkbook and agrees with Council's sentiment to hold fast to a ten per cent debt service on the projects; a base line must be set with a commitment to take no debt oyer a certain amount; it is then incumbent upon the School Board and staff to look at the hard and soft costs of the project and determine how the project can be done for the amount of capital funds to be expended. He stated that although the matter is more complicated than dealing with a personal checking account, ultimately the principle is the same because of the need to look at what is to be purchased with a specified budget. What are the top two qualifications you would look for in selecting the next School Superintendent? Mr. Penn advised that a Superintendent is needed who will be seen as an active participant in the educational arena and the civic arena; and although he has the utmost respect for Dr. Harris who has done some great things for Roanoke City, the next Superintendent should be somewhat different. He stated that the next Superintendent should be more people centered, more engaged in what is happening in the community, more involved with parents and others, and a person who is willing to make a commitment to the educational side of the arena. In summary, he stated that he would look for a person who is people centered and educationally focused on outcomes. 976 Ms. Wyatt did not participate in the interview. Mr. Bestpitch asked the following questions: , ; -",'; !", i ~ l.-' il', What needs to happen t6"eltSure:; thaC a -pOSitive relationship exists between City Council and the School Board? Mr. Penn advised that the perception is that there is a rift between City Council and the School Board, which ultimately demoralizes faculty and staff and makes it difficult for them to do their job. He stated that there must be open lines of communication; the ultimate responsibility for Roanoke City Schools lies with City Council; Council entrusts in seven individuals the authority to act and to accomplish a vision that will be collaboratively set; and if there is a vision that is collaboratively set, there must be dialogue and working relationships to accomplish the vision that should be regularly updated throughout the process. He encouraged that there be regular meetings between Council and the School Board to address issues that arise before the perception is created in the community that there is a rift between the two bodies. If there is a good partnership that includes City Council, the School Board, the Superintendent and the School administration, the fifth component would be teachers and staff. What should be done to ensure that teachers and staff believe that they are a part of the partnership? Mr. Penn advised that there is a need for teachers and staff to participate on committees and to provide input to the process of decision making, and it is important that School Trustees spend time in the schools with faculty and staff to learn about their concerns and triumphs in order to make well educated decisions. Mr. Cutler asked the following questions: What are non traditional ideas that could be applied to the students who are assigned to alternative education at the Noel C. Taylor Learning Center? How would you go about getting the attention of those students by encouraging them to stay in school and become productive students? 977 Mr. Penn advised that in order to engage this segment of the student population, it is necessary to invest in national efforts regarding the best available practices; it costs approximately $77,000.00 a year to incarcerate a juvenile, but if only a few juveniles were averted from the juvenile justice system each year, additional resources would be available to reinvest in programs at the local level. He called attention to the importance of trying and evaluating new programs/ideas/concepts, and stepping out on courage. How important is the career and technical education component of the high school curriculum? Mr. Penn advised that career and technical education is a high priority because possessing those kinds of skills may enable a young person to earn a higher salary than operating a computer and/or writing a grant, etc. Mayor Smith asked the following question: How can the City attract a Superintendent who can operate the school plant proper while addressing the needs of educators? Mr. Penn called attention to other localities where there has been a kind of new trend to hire non traditional chief executives in school districts; while he respects the type of training and time involved to receive the certifications for School Superintendent or for teacher, the next 15 years of education will involve attracting leadership that is willing to have the courage to step out of some of the traditional boxes when necessary; if there are other skills that are needed in totality with the certification process, it is hoped that those skills will be identified; and the certification process is important to ensure that the school system employs a staff with the required credentials and necessary educational course work in order to be effective. Mayor Smith called attention to a strong statement that was recently made by City Council concerning the School system and immediately the School Board made a strong statement in opposition to the Council's statement. He stated that it is the responsibility of the sitting School Board to be accountable directly to City Council, City Council is elected directly by the citizens and is accountable to the citizens and when Council offers guidance regarding the school system, the School Board should listen and not express opposition. The third and final person to be interviewed was Linda F. Wright. 978 Ms. Wright expressed appreciation for her consideration as a candidate for appointment to the Roanoke City School Board. She advised that: . She does not take the recognition nor the job of School Trustee lightly. . With the exception of the four years she attended college, she has been personally involved in the school system for 40 years; and she is a product and graduate of Roanoke City Public Schools, where she had many fine teachers who also became her mentors upon her return to Roanoke to teach at Monterey, Crystal Springs and Fishburn Park Elementary Schools. . Following her classroom experience, she had the opportunity to work as a resource teacher for the gifted which afforded her the opportunity to work in several schools prior to an assignment to the central office working in staff development where she was responsible for not only the teacher training component, but training for administrators and evaluation of administrative skills. . On the heels of those opportunities, she was assigned to serve as Principal at Garden City Elementary School where she worked for two years prior to moving to Westside Elementary School; following her tenure at Wests ide for five years, she assumed a position at Penn Forest Elementary School where she presently serves as Principal. . Despite the fact that she is no longer employed by Roanoke City Public Schools, her involvement and support of the system has never wavered; her son presently attends Patrick Henry High School and her daughter graduated from Patrick Henry; she has continued to volunteer when possible, most recently as an Odyssey of the Mind coach at Woodrow Wilson Middle School during the 2002-2003 school year; and her experiences include student, teacher, administrator, parent and volunteer. 979 . She has a strong understanding of the people who are directly affected by the daily occurrences in the schools and the academic challenges with the No Child Left Behind Program Federal mandate. . Her experiences, while child centered, are not limited to the field of education, as evidenced by community service records. A review of her application shows many interests such as church, soccer, boy scouts, educational boards at Virginia Western Community College, Mill Mountain Theater, and Odyssey of the Mind competitions, all of which are experiences that demonstrate her ability to work in team and leadership settings, and more importantly, serve as indicators of a strong desire to accept new situations and challenges. The skills garnered from these combinations of directed energies are not merely assets on a resume relevant to her application, but the range of applied knowledge that is crucial to the future direction of Roanoke City Schools. . She is an "outside the box" thinker, and a good listener who manages to use her skills to mediate difficult situations; her goal and approach in all connections to education has been and always will be to treat people in the way that she wishes to be treated; the majority of people who know her on either a personal or professional level would say that this is not only her goal, but it is evidenced consistently in her performance. . She would not skirt any issue or ignore any situation of importance to the educational process in the Roanoke Valley; and she has worked tirelessly throughout her career to address and to improve the quality of education for those within her charge and will continue to do so wherever she may be working. 980 . The philosophy of education states that education is the greatest equalizer and the only real hope for a society which is increasingly diverse; without this tool, children are not able to break the cycle of poverty and Yiolence in their IiYes; without constant effort, prejudice and visible or invisible class divisions cannot be overcome; without educational diligence, the bar for the elevation of society will not be raised; the quality of the educational system is the determiner of the future of this country, its culture and society; more so today than ever before, education must expand to address the needs of societal dynamics and those persons involved intimately in education must never loose sight of the fact that in the single institution that every American experiences, each of us leaves our mark; and the tenants and direction of the process must be applied equally if we are to move forward with quality education for thEl children of the Roanoke Valley and the future. Ms. Wright requested favorable consideration by Council for appointment to the Roanoke City School Board, based on her experience, motivation, devotion and desire to assist in the leadership of the school division as it faces the immediate and long term challenges that are sure to come. Ms. Wyatt did not participate in the interview. Mr. Bestpitch asked the following questions: As a School Board member, what are some of the things you would do to ensure that there is a positiye relationship between Council and the School Board? Ms. Wright advised that she tries to be a listener; she does not enter into any discussion thinking that she has all the right answers; and she would be willing to discuss concerns; she admitted that she has made mistakes along the way, but having served in the field of education and having matured to her present age, she has learned much and the first thing that needs to be done is to ask questions and then to listen to what others haye to say without a predetermined decision. 981 Once there is a good working relationship among not just Council and the School Board, but also the Superintendent and School administration, how can teachers and school staff be brought into the partnership? Ms. Wright advised that teachers and staff must be given the opportunity to provide input and it is necessary to listen to what they have to say because they are the people on the front lines who are the experts; they must be given the opportunity to share their concerns and they need to feel supported; and as she has visited schools throughout the City, the one comment she has heard repeatedly is that teachers are of the opinion that they do not have the support they need. Dr. Cutler asked the following questions: The School Board has addressed issues regarding the administration, problems in purchasing where competitive bids were not obtained, and the hiring of staff with criminal records, etc. How should the School Board address these kinds of problems? Ms. Wright advised that first, there is a need to determine why the problems occurred, how were persons hired who had a criminal record when in this day and time everyone hired by any school division should have their references checked by the State Police Department; a process should be developed where certain questions are asked on a questionnaire to ensure that those same mistakes do not reoccur; she would do her homework and require that others involved in the process do their homework as well; and if school staff knew that the persons hired had criminal backgrounds, the School Board should look at those individuals and question whether they should continue to be employed with the Roanoke City Schools. How can we address the group of students who have been assigned to alternative education at the Noel C. Taylor Learning Center and cause them to be motivated and to graduate from high school? Ms. Wright advised that the needs of this segment of the student population must be addressed sooner than their needs are currently being addressed; having worked in elementary schools for the majority of her professional career, she encountered children at the elementary school level who needed assistance when they were seven years old, therefore, there is a need to develop a program that would provide for placement for those children 982 who are demonstrating these types of concerns early on; class sizes could be lowered to one to six students, with the necessary number of guidance counselors, etc.; and a key component is involvement of parents by attending parenting classes, school visits, and more frequent parent-teacher conferences.he called attention to the need to intervene at a much earlier age because by the time students are in high school, it is difficult to provide the lifeline they need. Mr. Fitzpatrick asked the following questions? What are your thoughts in regard to safety in the Roanoke City Public Schools and what is the role of the School Board in addressing the issue? Ms. Wright advised that perception is reality and families are leaving the City every day because there is a perception that certain of Roanoke's schools are not safe. She advised that a lot of time has been spent in trying to get Roanoke City Schools recognized nationally, but recognizing Roanoke City Schools locally has been forgotten. She advised that her children were fortunate to have great teachers, her daughter graduated from Patrick Henry High School and had no issues; however, her son happened to be in the wrong place at the wrong time and became a victim; prior to that occurrence her response to people was, if you go about your business, stay out of the way of other people, do not give them a hard time, everything will be all right; however, her perspective since her son became a victim of school violence has changed. She called attention to policies currently in place in the Roanoke City Schools; there is a need to ensure that students on high school campuses are interested in earning their diploma; there is a need to look at alternatives for those students who are not interested in obtaining their diploma through the regular school environment; and there is a need to look at those students who have been removed from school grounds for whatever reason and evaluate whether or not they should be allowed to return to the school campus. She advised that there is a need to admit that certain issues need to be addressed, to deal with issues up front, and to provide the necessary resources to help administrators and teachers address problem areas. Vice-Mayor Harris asked the following questions: 983 As the School Board searches for a new School Superintendent, what are the two top qualities you would look for in the next Superintendent? Ms. Wright advised that the next Superintendent should be a strong instructional leader who has demonstrated the ability to bridge the gap between what goes on in the classroom on a daily basis and the big picture as administrator for the entire school division; the person selected for the position will have a difficult job because Roanoke City Schools will go through a healing process and a Superintendent will be needed who can make the difficult calls and be a good evaluator with compassion. The renovation/rebuilding of Patrick Henry and William Fleming High Schools represent two significant capital projects which are probably the two largest capital projects the City has undertaken in terms of dollars. What background or experiences would you bring to the School Board to help inform and to shape decisions on the two projects and how will your experiences help you to ask the right questions, etc.? Ms. Wright advised that upon visiting the two high schools, she was saddened to see the physical condition of both schools. She advised that her contributions as the projects move forward will be the realization that Roanoke is not building just a building, but a learning environment; and she would offer guidance in designing the buildings in such a way as to provide for a safer and a more flexible learning environment. In summary, she stated that she would be an advocate for the instructional piece of the building component. Mayor Smith asked the following question: What skills will be needed in the next Superintendent to ensure that the Superintendent manages both the school plant and the school staff, while at the same time possessing the necessary requirements of academia? Ms. Wright advised that a smart manager, principal, or leader does not believe that he or she can do every aspect of the job by themselves; they look for those persons who have the skills that they may not be strong in and give that person, with direction, the flexibility to do their job. She stated that it is important to employ persons who can bridge the gap not only between instruction but between other staff such as teachers, bus drivers, or custodians; and a school division does not operate solely on the skills of the Principal or the Superintendent, but on the skills of teachers, custodians, bus drivers, and other support staff. In summary, she stressed the importance of selecting a Superintendent who has good management skills in order to bridge the gap where he or she does not have certain expertise. 984 Mayor Smith called attention to a recent incident in which a majority of City Council Members made a strong statement to the School Board regarding the School system, and immediately following issuance of the statement, the School Board made a statement that was counter to the Council's statement. He advised that the School Board is responsible to and serves at the pleasure of City Council who is directly accountable to the people, therefore, the School Board should follow the gUidance of City Council. The Mayor advised that at a Special Meeting of Council on Thursday, May 13, 2004, at 2:00 p.m., or as soon thereafter as the matter may be heard, Council will appoint two Trustees to the Roanoke City School Board, for terms commending July 1, 2004 and ending June 30, 2007. COUNCIL: Mr. Harris offered the following resolution changing the time of commencement of the regular meeting of Council scheduled to be held at 9:00 a.m., on Monday, May 3, 2004, to 10:00 a.m., on that date: (#36679-042204) A RESOLUTION changing the time of commencement of the regular meeting of City Council scheduled to be held at 9:00 a.m., on Monday, May 3, 2004. (For full text of Resolution, see Resolution Book No. 68, Page 436.) Mr. Harris moved the adoption of Resolution No. 36679-042204. The motion was seconded by Mr. Cutler. Mr. Bestpitch offered an amendment to the resolution to change the meeting location from the Council Chamber to Room 159, Noel C. Taylor Municipal Building. The amendment was seconded by Mr. Cutler and adopted. Resolution No. 36679-042204, as amended, was adopted by the following vote: AYES: Council Members Wyatt, Bestpitch, Cutler, Fitzpatrick, Harris and MayorSmith-------------------------------------_______-----------6. NAYS: None----------------------------------------______~___O. (Council Member Dowe was absent.) 985 There being no further business, the Mayor declared the meeting in recess until Friday, April 30, 2004, at 12:00 p. m., for the Regional Leadership Summit to be held atJackson River Sports Complex in Covington, Virginia. The City Council meeting reconvened on Friday, April 30, 2004, at 12:00 noon at the Jackson River Sports Complex, West Edgemont Drive, Covington, Virginia, for a meeting of representatives of the Regional Leadership Summit. PRESENT: Council Members William D. Bestpitch, M. Rupert Cutler and Mayor Ralph K. Smith-----------------------------------------------3. ABSENT: Council Members Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., C. Nelson Harris and Linda F. Wyatt------------------------------------4. OFFICERS PRESENT: Darlene L. Burcham, City Manager; and Sheila N. Hartman, Assistant City Clerk. Also present were: Wayne G. Strickland, Secretary, Fifth Planning District Regional Alliance; and members of City Councils/Boards of Supervisors and staff of the following localities: Alleghany County, Bedford County, Botetourt County, Craig County, Roanoke County, City of Covington, City of Salem, and Town of Vinton. Temple L. Kessinger, Jr., Mayor, City of Covington, welcomed all representatives and introduced Allen L. Dressler, Director, Parks and Recreation, City of Covington, for an overview of the history of the Jackson River Sports Complex. Mr. Strickland advised that the Regional Commission has been working over the last two months to establish a regional loan program in conjunction with the National Development Council's Grow America Fund to promote entrepreneurial development in the region, as well as expansion of existing small businesses; three local governments have agreed to participate and two other localities are considering participation; and the Regional Commission would like to have commitments from interested governments no later than May 30 to ensure that the loan program will begin on September 1, 2004. 986 Mr. Strickland recognized the efforts of local governments that are participants in the Early Action Compact to reduce ozone contamination in the Roanoke Valley; the Regional Commission and local governments held a press conference on April 22 which received significant coverage, and continue to work with regional news media to implement "Ozone Action Alert Days" to let businesses and citizens know when ozone levels reach a critical level, by encouraging them to carpool, ride the bus, or pursue other means of transportation to help reduce ozone levels. He also noted that an alert process is being formulated (without using colors) and the Virginia Department of Transportation (VDOn is considering allowing the posting of ozone action alerts on signs along interstate highways. He stated that the Regional Commission and the Roanoke Valley Metropolitan Planning Organization (MPO) are currently working with the New River Valley MPO to hold a joint meeting in the summer to discuss transportation issues of concern for both areas, which will address one of the goals in the Regional Economic Strategy. In addition, Planning District Commissions and MPO's along Interstate 81 will begin holding joint meetings in the summer or early fall to discuss issues related to the expanSion of Interstate 81, as well as development of rail freight service to help reduce truck traffic along interstate highways. Mr. Strickland further noted that the Roanoke area is a proposed site to begin assessing tolls on Interstate 81; consultants recently contacted him regarding an assessment of the impact of the tolls; and he has encouraged various localities to express to VDOT and STAR Solutions their belief that tolls should not be assessed on highways running through economic regions, as well as concerns regarding the potential diversion of traffic to avoid tolls. OTHER BUSINESS/ANNOUNCEMENTS: Mayor Ralph K. Smith was presented with a plaque in recognition of his vision for the region, and in gratitude and appreciation for opening the doors of communication and cooperation by initiating the Regional Leadership Summit. Mayor Smith expressed appreciation for the support, cooperation and friendship throughout the region and encouraged member localities to continue their efforts toward improvement of the region. 987 Bobby G. Pollard, Chair, Bedford County Board of Supervisors, advised that the next meeting of the Leadership Summit will be hosted by the County of Bedford; Bedford County will soon celebrate its 250th birthday and invitations will be extended to participating jurisdictions upon establishment of the meeting date and location. There being no further business, the Mayor declared the meeting of Roanoke City Council adjourned at 1:30 p.m. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 988 SPECIAL MEETING -----ROANOKE CITY COUNCIL April 29, 2004 7:00 p.m. The Council of the City of Roanoke met in special session on Thursday, April 29, 2004, at 7:00 p.m., in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to Resolution No. 36672-041904 adopted by the Council on Monday, April 19, 2004. PRESENT: Council Members William D. Bestpitch, M. Rupert Cutler, Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., C. Nelson Harris, Linda F. Wyatt and Mayor Ral ph K. Sm ith--------------------------------------________7. ABSENT: None-----------------------------------____________O. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney, Jesse A. Hall, Director of Finance; and Mary F. Parker, City Clerk. The meeting was opened with a prayer by Mayor Smith. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Smith. BUDGET-GRANTS-HOUSING/AUTHORITY: The Mayor advised that the purpose of the special meeting is to conduct public hearings on the recommended 2004-2005 HUD Funding Budget and the City of Roanoke Fiscal Year 2004-2005 Operating Budget. The Mayor advised that the first public hearing is on the recommended 2004-2005 HUD Funding Budget. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, April 20, 2004. 989 A summary of the recommended fiscal year 2004-2005 HUD Funding Budget is as follows: REVENUES ESTIMATES: CDBG 2004-2005 Entitlement Grant CDBG 2004-2005 Program Income CDBG Prior Year Carry-over and Excess Program Income Home 2004-2005 entitlement Grant Home Prior Program Income Home Prior Year Carry-over and Excess Program Income ESG 2004-2005 Entitlement Grant TOTAL HUD REVENUE RECOMMENDED EXPENDITURES: $2,207,000.00 490,051.00 111,388.00 808,299.00 25,000.00 41,830.00 80.731.00 $ 3,764,299.00 Housing Deyelopment Neighborhood, Community and Economic Development Human Services (including Homeless Assistance) Planning and other Activities TOTAL RECOMMENDED EXPENDITURES S 2,495,492.00 914,299.00 344,508.00 10.000.00 $3,764,299.00 The Mayor advised that the following persons have registered to speak in connection with the recommended 2004-05 HUD Funding Budget: Ms. Nancy Canova, 2265 Sewell Lane, S. W., representing the Fair Housing Board, requested reconsideration of the Fair Housing Initiatives Project which is submitted for Community Development Block Grant funding. She advised that: 990 · The Fair Housing Board seeks funding to track data on complaints in order to help target an audience for its education programs on fair housing rights; presently no mechanism exists to collect this information for the City; in the past the City has not kept records of complaints that were forwarded to the Virginia Fair Housing Office; and the Fair Housing Board has received information from the NAACP, Blue Ridge Independent Living Center and Tenants Building Bridges in regard to fair housing complaints that have been forwarded to the State office, or to the Department of Housing and Urban Development in Richmond. · The Legal Aid Society handles fair housing complaints, but does not keep data by issue. · The Fair Housing Board became aware of inadvertent discrimination by the City's Board of Zoning Appeals during a workshop which the Fair Housing Board sponsored for the Board of Zoning Appeals, at which time the Zoning Administrator presented six cases on which the Board had made determinations, and an attorney with the Bazalon Center for Mental Health Law identified discriminatory practices in two of the six cases. · Although these are but a few sources of discrimination that have come to the attention of the Fair Housing Board, it is known that many more complaints go unreported. · The Fair Housing Board proposes to contract out in order to track data using information from yarious constituencies; and contracting out for service was not the Board's first choice, howeyer, the Board has been advised that no additional stafftime can be provided by the City for this purpose, therefore, the Board focused on CDBG funding. · 42 impediments to fair housing in the City of Roanoke have been identified, 21 of the 43 impediments suggest remedies supporting education about fair housing rights and support fair housing enforcement; six of the impediments speak directly to the Fair Housing Board; Impediment No. 39 states that the Fair Housing Board shall review the needs of Roanoke's residents for effective fair housing services and evaluate its own role and procedures in meeting those needs. 991 Mr. John Sabean, 523 Mountain Avenue, S. W., spoke on behalf of additional funding for the West End Center for Youth. He also spoke in support of the services provided to Roanoke's youth by the West End Center and urged favorable consideration by Council of the request of the West End Center for CDBG funds, plus an additional $2,000.00 in funding. Ms. Karen Michalski-Karney, 1502B Williamson Road, N. W., Executive Director, Blue Ridge Independent Living Center, spoke in support of the request of the Fair Housing Board for funding. She adYised that the Blue Ridge Independent Living Center participated in a Fair Housing Project involYing outreach and education for three months, and as a result of the project, three fair housing complaints were acknowledged and forwarded to the Department of Housing and Urban Development. She stated that with additional education, persons would learn about their rights under Fair Housing laws; and it is necessary to track fair housing complaints to enable the Fair Housing Board to target education to either individuals or to segments of the population that are experiencing fair housing problems. Mr. Thomas Dalzell, 2529 Rosalind Avenue, S. W., a volunteer with Habitat for Humanity in the Roanoke Valley (Habitat), which is an ecumenical housing ministry working with donors, volunteers and home owners to create decent affordable housing for those in need and to make shelter a matter of conscience with people everywhere, especially in the Roanoke Valley, appeared before Council in support of the request of Habitat for funding. He advised that: · Since 1986, Habitat has been building homes in partnership with low income families by providing the opportunity for home ownership. · No government funds are used for Habitat home construction, although the organization receives support for land purchase and infrastructure construction through grant applications from Habitat International and through the City's CDBG program. · Since 1986, Habitat has constructed 124 homes on land that was vacant and generating few tax dollars for the City; and each Habitat home generates approximately $850.00 to $1,400.00 per year. · Habitat has embraced the City'S neighborhood design district standards and changed all home designs to incorporate most of the standards, including additional bathrooms and air conditioning. 992 · Habitat has a good working relationship with the City of Roanoke and wishes to continue the relationship in the future. · Habitat has received significant funding through the City over the years to support its mission, while addressing each of the City's consolidated plan priorities and objectives; over past years, a subtle change in philosophy has been made regarding to the City's support to Habitat. · Last year, Habitat submitted a CDBG grant for funding to construct infrastructure to support 12 Habitat homes on a parcel of land which is owned by Habitat, the request was not approved by the City because the City did not want that many homes for low income families to be constructed in one area; this year Habitat submitted a CDBG grant request for seven infilllots within the City in order to steer away from the previous year's aversion to building more than one Habitat home in an area; and this year's request was also denied because the City continues to belieye that too many homes for low income families are being constructed within the City limits; and Habitat should look to other communities in the area to build homes for low income families. · Habitat has been advised that another reason for the change in philosophy is that the assessed value of Habitat homes do not generate the necessary property tax revenue to offset the cost of normal services that a family occupying the home would require. · The philosophical change in support to Habitat is distressing when compared with the needs as set forth in the City's Consolidated Plan, which indicates that affordability is a serious problem for low income families. Mr. Dalzell advised that it is hoped that there will be a change in philosophy in the near future to enable Habitat for Humanity to continue with its housing ministry while addressing objectives and priorities of the City'S Comprehensive Plan. 993 Kaye Hale, 5125 Greenfield Street, S. W., Executive Director, West End Center for Youth, spoke in support of the funding request of the West End Center. She called attention to the number of persons in the Council Chamber who were present out oftheir support of the West End Center, some of which are now adults who participated in West End Center programs during their childhood, some are parents of children who currently attend West End Center, some are staff of the Center who have not received pay increases for several years, whose health care costs have continued to increased, while additional responsibilities have been placed on them, yet none have left the West End Center because of their desire to serve the children and families of the Center. She asked that Council give serious consideration to the funding request of the West End Center and the longevity of the relationships that exist between staff and participants who have chosen to serve the community. Sam Carter, 141 Emmett Avenue, Salem, Virginia, President, West End Center for Youth, advised that the Center has served as a family resource for approximately 25 years, the Center's Executiye Director has approximately 20 years of service with the organization and has a proven track record. He called attention to a study conducted by the United Way of Roanoke Valley which revealed that the community believes that the greatest needs are represented in Roanoke's middle schools, primarily with inner City children, and the study identified 900 middle school students, approximately 400 of whom are enrolled in programs like the West End Center. He advised that he understands the new CDBG philosophy and the importance of new programs; however, consideration should be given to proven programs like the West End Center that have provided positive results. He added that the West End Center submitted what it believed to be a new program for CDBG funding, however, the request was denied by the City. He asked that Council take into consideration the proven track record and stability of organizations like the West End Center when allocating Community Development Block Grant funds. Ms. Brittany Phanelson, 1213 Lafayette Boulevard, N. W., adYised that the West End Center for Youth is an after school program that has provided her with a place of refuge for the past 12 years; because of the Center she has gained new experiences that have allowed her to grow as an individual; and the most important aspect of the West End Center is the tutoring program which has helped her to become an honor student. In summary, she stated that the West End Center offers an excellent program for children to grow and to learn. 994 Mr. Shaun Henderson, 108 Harrison Avenue, N. W., spoke on behalf of the West End Center for Youth, and advised that the West End Center is more than just an after school program, but offers a community setting where under privileged children can grow up in a family setting. He stated that he graduated from Patrick Henry High School and is now a student at Virginia Western Community College as the result of a partial scholarship from the West End Center, and without the scholarship, he might not have had the opportunity to attend college. Mr. Charles Harlow, 13 75 Stoutamire Drive, Salem, Virginia, called attention to a housing Impediment Study published in 2001 which listed 42 impediments to fair housing in the City of Roanoke; 21 of the suggested 42 remedies support education and enforcement in regard to fair housing rights; six of the impediments speak directly to the Fair Housing Board; Impediment No. 39 states that the Fair Housing Board should review the needs of Roanoke's residents for effective fair housing services and evaluate its own role and procedures in meeting those needs. Therefore, he inquired if the City will not support a determination on the nature of complaints, how can the Fair Housing Board fulfill its responsibilities; and the need to do more is clearly articulated in the Housing Impediment Study. He called attention to extenuating circumstances which relate to staff changes, loss of records from one staff person to another; a considerable amount of meeting time ofthe Fair Housing Board was consumed in negotiations with the City Administration and Council in regard to certain revisions to the City's Fair Housing Ordinance; following adoption of the Fair Housing Ordinance in March 2004, the Board published the Fair Housing booklet and focused on its April workshop; the Board intends to use the remainder ofthe fiscal year 2003-04 allocation of funds for education; and the Fair Housing Board's request for funds for fiscal year 2004-05 has been reduced to $11,700.00 which includes secretarial assistance in the amount of $7,350.00, benefits of $2,350.00, and materials/supplies/postage/training at $2,000.00. Ms. Diane Elliot, 2609 Richelieu Avenue, S. W., spoke as a member of the Board of Directors of the West End Center for Youth, and as a therapist working with family members, clients and residents of Hegira House. She adYised that the lives of many residents of Hegira House would have taken a different turn when they were children if they had received the resources that are currently available at the West End Center, because prevention is much less expensiye than later intervention. She stated that she is appreciative of the work of Council and the trying and difficult decisions that Council is called upon to make with deliberation and in the best interest of the citizens of Roanoke; however, she requested that Council consider increasing the allocation of funds to the West End Center for Youth. 995 There being no further speakers, the Mayor declared the public hearing closed. BUDGET: The Mayor advised that the second public hearing is for the purpose of receiving comments from citizens with regard to the City of Roanoke's Recommended Fiscal Year 2004-2005 Budget. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, April 20, 2004. Total General Fund Budget for fiscal year 2004-2005 is $211,912,000.00; Enterprise Funds: Civic Facilities Fund - $5,172,035.00, Parking Fund - $ 2,780,307.00, Market Building Fund - $307,384.00; Internal Service Funds: Fleet Management Fund - $5,776,883.00, Risk Management Fund - $13,725,617.00, Technology Fund - $5,613,293.00; and School Fund - $116,346,378.00. The Mayor inquired if there were persons present who would like to speak in connection with the public hearing; whereupon, the following persons addressed Council. Robert Chandler, President, Roanoke City Police Officers Association, spoke on behalf of the Roanoke Police Officers Association and the Roanoke Firefighters Association, with regard to the Pay for Performance Program. He advised that: · Public safety employees, as well as a large number of other City employees, believe that the City's current system of tying evaluations to pay raises is unacceptable. · Employees belieye that while on paper there are a number of merits to the pay for performance system, those merits are over shadowed by the overly subjective nature and poor administration of the system. 996 . The greatest asset of Roanoke City is its work force, or those employees who are directly responsible for the awards recently received by the City; and while it is not intended to minimize the work of City Council or the City Administration, it is the day to day work of Sanitation workers, Parks and Recreation employees, customer service representatives, teachers and public safety employees that bring the ideas and principles ofthe City to a reality that have made Roanoke City a great place to live, and these employees deserve the rewards for Roanoke's accomplishments. . Employees do not deserve to work under conditions that breed poor morale, nor a budget driyen pay for performance evaluation system. . Last year's implementation ofthe pay for performance system caused over 135 grievances from Roanoke City Police Officers, Sheriff's employees, firefighters, and numerous other City employees echoed their dissatisfaction with the pay raise system; and several employees had their evaluations raised due to the subjective and unfair nature in which evaluations were administered. · A large number of grievances were not heard due to a City policy involving timeliness, and not fairness. · These overly subjective evaluations and tying raises to evaluations have caused a number of inequities with the pay and livelihood of many of the City's best employees, not just those employees who lack motivation or do not provide good customer service, but those employees who devote their lives to the betterment of the City. . State budget cuts have caused a financial uncertainty within the City budgetary process which will cause Council to make certain difficult decisions. · It cannot be understood how an employee's take home pay can decrease while the City continues to build roadway medians and a second marquee sign was erected at the Roanoke Civic Center within sight of the first marquee. · Employees find it difficult to tolerate an elected City body that allows the City Administration to continue the funding of unnecessary projects on the backs of its employees. 997 · Revising and implementing a new evaluation system before evaluations are due within the next 60 days is unrealistic, therefore, the evaluation system itself can remain in place; however, it is requested that Council suspend for one year the tying of employee raises based on the evaluation system; and fiscal year 2004-05 can be used to determine if the system can, in fact, work without compounding the problem and without adding to the hardship of employees and their families, while providing City employees with a 3.5 per cent raise across the board. · While this is not all that City employees deserve, especially after enduring last year's health insurance increases, it may help employees to go back to where they would have been if not for the administration of last year's pay for performance and the resulting inequities. · It is understood that the City Manager has changed the pay for performance system for fiscal year 2004-2005 by adding two additional steps, but the score which is needed to receive a three per cent pay increase has been changed from 80 to 86 and gives the impression of making a difference; the pay for performance system has been flawed from the beginning due to its overly subjective nature, and the proposed changes do nothing to address the issue. Mr. Will Andrews, 212 South Jefferson Street, spoke on behalf of the Roanoke Regional Small Business Development Center which was formed in 1990 by ajoint venture between the Roanoke Regional Chamber of Commerce and the United States Small Business Administration. He advised that: · In the 1999-2000 fiscal year, the Small Business Development Center received $180,000.00 in Community Development Block Grant funds to target specifically Census Tracts 7 - 14; under the fiye year allowance the City has allocated for CDBG grant funds, it is recommended that the Center receive $25,000.00 for fiscal year 2004-2005 which is a decrease of $155,000.00, or 86 per cent of the funds received five years ago. · Staff of the Center has decreased by 50 per cent over the last four years. 998 · With State and other local costs, the Center has operated with over $200,000.00 in cuts over the last four years; and the Center now finds itself in the position of asking for a transition to General budget funds of $35,000.00 in order to continue the program in Census Tracts 7-14. · During the five years that the Small Business Development Center has received CDBG grant funds, over 880 citizens were counseled, over 240 jobs were created, and the Center helped to create over $10 million in capital. Mr. Andrews requested that Council reconsider the request for funding and authorize an additional $35,000.00 to the General line item of the City's 2004- 2005 budget for the Small Business Development Center. Mr. Jamal Millner, 1016 Rockland Avenue, N. W., spoke on behalf of the Small Business Development Center. He advised that he has participated in Roanoke's Bus.iness Incubator Program for three years; the Small Business Development Center has helped his business with marketing, advertising and provided instructions on diyersifying services. He requested that Council give further consideration to the funding request of the Small Business Development Center. Mr. Stan Hale, 1016 Old Country Club Road, N. W., spoke as a concerned citizen and a small business owner, operating The Roanoke Tribune. He advised that he is a firm believer in small business, and particularly the Small Business Development Center. He stated that the Center offers counseling to empower small business owners to believe in the City of Roanoke, to motivate, to activate and to be enthusiastic about the American dream of owning their own business. There being no further speakers, the Mayor declared the public hearing closed. The Mayor advised that Council will engage in fiscal year 2004-2005 budget study sessions on Friday, May 7, 2004, at 8:30 a.m., Monday, May, 10, 2004, at 8:30 a.m., and the fiscal year 2004-2005 budget will be adopted by Council at a special meeting to be held on Thursday, May 13, 2004, at 2:00 p.m. 999 There being no further business, the Mayor declared the special meeting adjourned at 7:50 p.m. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 1000 SPECIAL MEETING ----- ROANOKE CITY COUNCIL April 29, 2004 7:50 p.m. The Council of the City of Roanoke met in special session on Thursday, April 29, 2004, at 7:51 p.m., in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to Resolution No. 36672-041904 adopted by the Council on Monday, April 19, 2004. PRESENT: Council Members William D. Bestpitch, M. Rupert Cutler, Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., C. Nelson Harris, Linda F. Wyatt and Mayor Ralph K. Smith------------------------------------------------7. ABSENT: None------------------------------------------- -------0. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City Clerk. BUDGET-TAXES: The Mayor advised that the purpose ofthe special meeting is to hold a publiC hearing to receive citizen comments in regard to the City's real property tax rate for fiscal year 2004-2005. He advised that the City Manager's proposed budget includes a real property tax rate of $1.21 per $100.00 of assessed value for fiscal year 2004-2005, which is the current tax rate for fiscal year 2003-2004. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, April 20, 2004. The Mayor inquired if there were persons present who would like to be heard in connection with the public hearing; whereupon, Mr. Robert Craig, 701 12th Street, S. W., referred to the legal advertisement which was published in The Roanoke Times in regard to the City's real property tax rate, and suggested that legal advertisements be worded in a more understandable language for the benefit of the average citizen. He advised that: . The City's tax base is out of line and inequities exist in the assessed value of houses in southwest Roanoke and in Old Southwest specifically. 1001 . The City's tax base could be corrected if the City were willing to spend approximately $1.5- $2 million on a six month study which could lead to an effective tax rate of between $1.09 and $ 1.13 per $100.00 of assessed value and would generate more money in real estate taxes than the City is currently collecting. Mr. Craig suggested the following proposal, or action plan, for consideration by Council which represents zero based budgeting: "Pursuant to Section 58.1-3321, Code of Virginia (1950), as amended, notice is hereby given that the City of Roanoke will not increase property tax levies until: 1. The City Tax Assessor certifies that the real property tax assessments of all tax parcels located within the boundaries of the City of Roanoke accurately reflect, to the 90 per cent confidence level, the true market value of no less than 95 per cent of all tax parcels listed on the roles of the City as of May 1, 2004. 2. The accuracy of the market valuations will be validated by an independent, certified and bonded entity qualified to conduct such studies, contracted for by the City. The independent validation will be based on a random sample of such size so as to ensure the 9-0 per cent confidence level. 3. Based on the reassessed property values, the amount of revenue generated at the current assessment rate will be computed. The computed amount will be used to assess (potential) reyenue generated vs budgeted requirements using the 2003-2004 City budget as the base. At that time and only at that time, will the City Council consider a change to the current property tax rate. FURTHERMORE Prior to making any change to the property tax rate, be it an increase or decrease, the Council will ensure a thorough dissemination of relevant information in understandable language (i.e. 10th grade reading level with applicable graphic presentations), using local print and electronic media, an information campaign equal to or exceeding that explaining the recent change in the Roanoke City Logo, and through town hall type meetings held at various locations throughout the City." 1002 There being no further speakers, the Mayor declared the public hearing closed. The Mayor advised that Council will engage in fiscal year 2004-2005 budget study sessions on Friday, May 7, 2004, at 8:30 a.m., Monday, May 10, 2004, at 8:30 a.m., and the City's fiscal year 2004-2005 budget will be adopted at a special meeting of Council to be held on Thursday, May 13, 2004, at 2:00 p.m., in the Council Chamber. There being no further business, at 7:55 p.m., the Mayor declared the special meeting adjourned. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor / -:;;,;~.~--,---" ~:",\. "'\"~,'\i',I'i'~,".' (, ", C' ,:;:~~\ -...-' ..... .\'\'~ '~~ CITY OF ROANOKE OFFICE OF THE MAYOR RALPH K. SMITH Mayor 215 CHURCH AVENUE, SoW., ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 June 21, 2004 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, Ralph K. Smith Mayor RKS:snh (I CITY OF ROANOKE OFFICE OF CITY CLERK MARY F. PARKER, CMC City Clerk 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853.1145 E-mail: c1erk@cLroanoke.va.us June 28, 2004 File #110-304 STEPHANIE M. MOON Deputy City CIeri< SHEILA N. HARTMAN Assistant City Clerk Ms. Saduma H. Guhad 805 Hunt Avenue, N. W. Roanoke, Virginia 24017 Dear Ms. Guhad: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 21, 2004, you were appointed as a member of the Youth Services Citizen Board, for a term ending May 31,2007. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am also enclosing copy of the Virginia Freedom of Information Act. Ms. Saduma H. Guhad June 28, 2004 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a member of the Youth Services Citizen Board. S~'..,J~ Mary F. Parker, CMC City Clerk MFP:ew Enclosures pc: Marion A. Vaughn-Howard, Superintendent, Youth Services Division, Parks and Recreation Department Stephanie M. Moon, CMC, Deputy City Clerk COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the twenty-first day of June, 2004, Saduma H. Guhad was appointed as a member of the Youth Services Citizen Board, for a term ending May 31,2007. Given under my hand and the Seal of the City of Roanoke this twenty- eighth day of June, 2004. ~l .J p~ City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK MARY F. PARKER, CMC City Clet!< 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@cLroanoke.vaus STEPHANIE M. MOON Depnty City Clet!< SHEILA N. HARTMAN Assistant City Clerk June 28, 2004 File #110-467 Mr. Dennis R. Cronk 3310 Kingsbury Circle, S. W. Roanoke, Virginia 24014 Dear Mr. Cronk: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 21, 2004, you were appointed as. a member of the Virginia Western Community College Board of Directors, to fill the unexpired term of Harriett S. Lewis, resigned, ending June 30, 2006. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am also enclosing copy of the Virginia Freedom of Information Act. Mr. Dennis R. Cronk June 28, 2004 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a member of the Virginia Western Community College Board of Directors. ^'~ j, p~ Mary F. Parker, CMC City Clerk MFP:ew Enclosures pc: Dr. Robert Sandel, Executive Secretary, Virginia Western Community College, P. O. Box 14007, Roanoke, Virginia 24038-4007 Stephanie M. Moon, CMC, Deputy City Clerk COMMONWEALTH OF VIRGINIA CITY OF ROANOKE ) ) To-wit: ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the twenty first day of June, 2004, DENNIS R. CRONK was appointed as a member of the Virginia Western Community College Board of Directors, to fill the unexpired term of Harriett S. Lewis, for a term ending June 30, 2006. Given under my hand and the Seal of the City of Roanoke this twenty- eighth day of June, 2004. A..-. J.~ City Clerk CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S,w. Noel C. Taylor Municipal Building, Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 RALPH K. SMITH Mayor June 21,2004 Council Members: William D. Bestpitch M, Rupert Cutler Alfred T. Dowe, Jr. Beverly T. Fitzpatrick, Jr. e. Nelson Harris Linda F. Wyatt The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: I wish to request a Closed Meeting to discuss performance evaluations of Council-Appointed Officers, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended, A TDjr:sm '~r 1lJ'.'~~..' ""- _' '<"0 . ~Ll 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: c1erk@ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk MARY F. PARKER, CMC City Clerk SHEILA N. HARTMAN Assistant City Clerk June 24, 2004 File #110-488 Mr. Joseph A. Schupp 2323 South Jefferson Street Roanoke, Virginia 24014 Dear Mr. Schupp: The Mayor and Members of Roanoke City Council were advised of your resignation as a member of the Roanoke Neighborhood Advocates at a regular meeting of the Council which was held on Monday, June 21, 2004. On motion, duly seconded and adopted, the resignation was accepted. The Members of City Council requested that I express sincere appreciation for your willingness to serve the City of Roanoke as a member of the Roanoke Neighborhood Advocates from July 7, 2003 to June 21, 2004. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley which was issued by the Mayor on behalf of the Members of the Roanoke City Council. s~'~ ! fL.-- Mary F. Parker, CMC City Clerk MFP:ew Enclos u re pc: John Renick, Secretary, Roanoke Neighborhood Advocates 436 Walnut Avenue, S. E., Roanoke, Virginia 24014 Martha A. Williams, Interim Coordinator, Neighborhood Services Stephanie M. Moon, CMC, Deputy City Clerk Roanoke Neighborhood Advocates Promoting the Development of World-Class Neighborhoods Members: Carl Cooper Chair May 24, 2004 Sandra 8. Kelly Vice-Chair John Renick Secretary To Mary Parker, City Clerk: Shirley Bethel Please be advised that Joseph Schupp has tendered his recognition (see attached) on the Roanoke Neighborhood Advocates. Bob Caudle Jesse Dodson John Griessmayer Robin Murphy-Kelso Richard Nichols Cheryl D, Ramsey Joseph Schupp Dawn Vineyard Noel C. Taylor Municipa: Building 215 ChurCh Avenue, S.W Room 162 Roanoke, Virginia 24011 Phone: 540.853-5210 Fax: 540-853-6597 Ernai!: noighborhoods@ci.roonokeva.lJ May 10,2004 Dear RNA Members, With this letter, I tender my resignation as a member of the RNA. A recent change in my employment obligations will make it difficult for me to attend regularly scheduled meetings, I have enjoyed working with each of you and respect the challenges you face ahead, I thank the members of the RNA and City Council for enabling me to serve the city of Roanoke. I wish you well in your endeavors, Sincerely, Joe Schupp RALPH K. SMITH Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S,w. Noel C. Taylor Municipal Building. Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 June 21, 2004 Council Members: William D. Bestpitch M. Rupert Cutler Alfred T, Dowe, Jr, Beverly T. Fitzpatrick, Jr. e. Nelson Harris Linda F. Wyatt The Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Members of Council: We jointly sponsor a request of Dr. Mindy Thompson Fullilove, Columbia University social psychiatrist and author, to address Council with regard to the results of her research of the history of urban renewal in Roanoke. The matter will be included in the Monday, June 21, 2004 City Council agenda. ~LeA .. Ralph K. Smith, Mayor dJ1(~;j)-. ~~- William D. Bestpitch, Council Member RKS/WDB:snh c: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Jesse H. Hall, Director of Finance Mary F. Parker, City Clerk April 27, 2004 ~ .,r'j;Q ~ RECEIVED APR 2 9 2004- MAYOR'S OFFICE Mary Bishop 2022 York Road, S. W. Roanoke, Virginia 24015 --..... ..... I...~ The Honorable Ralph Smith Mayor of Roanoke 215 Church A venue Room 452 Roanoke, Virginia 24011-1594 Dear Mayor Smith, On Monday, June 21, Columbia University social psychiatrist and author Dr. Mindy Thompson Fullilove will be in Roanoke to celebrate the publication of her new book, Root Shock: How Tearing Up City Neighborhoods Hurts America and What We Can Do About It. ([he book will have just been published by Ballantine Books, a division of Random House.) Significant sections of the book are devoted to the history of urban renewal in Roanoke, as well as in Pittsburgh, Newark, N.J., and other cities. Dr. Fullilove, a well-known expert on the importance of a sense of place in public health, conducted research in Roanoke and interviewed numerous Roanokers for her book. Slle would like roalllllM8 City Council at its 2 p.rn: meeting on that Monday, June 21. I understand that if a request is made early enough, she might be among the first on the list of public commenters that day so that she could be on her way and keep other appointments. Could this be arranged? I was her consultant for the Roanoke portions of the book. Many thanks for your consideration. and we look forward to seeing you that day. Sincerely, - ~~ Mary Bishop 540/343-5080 mbishop@rev.net v Testimony to Roanoke City Council Mindy Thompson Fullilove, MD June 21, 2004 It is an honor to be here today to talk about your beautiful city. Roanoke has an illustrious history, a beautiful setting, and great possibilities for the future. It is with regard to that the future that I offer some thoughts on the late consequences of urban renewal conducted in the ]950s and l%Os. While we might think of urban renewal as having happened in the past, the research conducted by my team suggests that, in fact, the effects of urban renewal are ongoing at the present time and have the potential to be with us for the foreseeable future. Mary Bishop's two articles in the Roanoke Times - "Street by Street, Block by Block" and "Invisible Inner City" - provide us with a detailed picture of the destruction caused by urban renewal. In "Street by Street," she revealed the massive losses incurred by African Americans residing in the urban renewal area, including the loss of financial capital, social organization, and unity in the African American community. In "Invisible Inner City," she documented the deterioration of inner city communities that flanked the urban renewal area. The geographic proximity of urban renewal neighborhoods and deteriorating inner city neighborhoods is not an accident. Urban renewal typically displaced people to circumjacent neighborhoods. To the extent these neighborhoods were as old, or nearly as old as the urban renewal areas, they differed little from the urban renewal neighborhoods in the likelihood that they would be thought of as "blighted" and "unsuitable" for investment. Though redlining is considered outmoded, the tendency to invest in new buildings and to steer money away from old buildings - especially when they are occupied by black people - has continued throughout America. Thus, the circumjacent neighborhoods themselves were marked for minimal investment or disinvestment, and soon collapsed from overuse and underrepair. My research team considers that this is a contagious process. in which destruction and/or disinvestment force people from one neighborhood to the next. Destruction! disinvestment follows the people. Thus a chain reaction of movement, followed by collapse, followed by movement is set in motion and has no end in sight. Roanoke is, in my opinion, engaged in such a chain reaction, Tomorrow, Richard Florida will be in Roanoke arguing that cities can prosper by offering an exciting place for creative people to live. In my view, the chain reaction of movement/ destruction works directly against such a project of creating a diverse, open, exciting lifestyle in an urban setting. The chain reaction of movement/collapse can be stopped by a new program of equitable distribution of resources, but it will not stop of its own accord. What must be done? A program of investment in inner city areas is essential. Such investment should be made under the leadership of current residents. Otherwise, the situation may swing from disinvestment to gentrification, which is just as powerful a force for displacement of the poor. Investment takes a bit of time to show results. Thus it is important to have a concurrent program of place-making. Place-making projects create parks, trails, gathering spaces, nature sanctuaries and other inventions to reanimate places that have been left sterile by destruction or mindless development. Again, such interventions must be led by local people so has to solidify the sense of democracy and inclusion in the city. All citizens of Roanoke need to have a deeper understanding of the importance that inter- neighborhood collaboration can have for the common good. My colleagues and I suggest two processes. . We think it would be good for the citizens of Roanoke to read Root Shock together. . We also think it be wonderful if the citizens were to organize a series of block parties, initially gathering people on their own blocks. After that, we propose a new kind of block party in which people extend hospitality to their neighbors from the other side of town. At the moment, sadly, Roanoke resembles the mass of American cities in not being consistently fine. But Roanoke has a most unusual charm. I believe that consistent application of resources, in a democratic manner, could make this city one of the finest in our nation. References: Mary Bishop, "Street by Street, Block by Block: How Urban Renewal Uprooted Black Roanoke," The Roanoke Times, 1995, Mary Bishop and S. D. Harrington, The Invisible Inner City: Poverty, Crime and Decay in Roanoke's Oldest Neighborhoods," The Roanoke Times, 1997. Mindy Thompson Fullilove, Root Shock: How Tearing Up City Neighborhoods Hurts America and What We Can Do About It, Ballantine Books. NY. 2004. NOTES 1--- -- I -; 1/';v6.. .'0 I I I l_____ I- I I L_ '.0 249 Fig. 4.8n, Land use in Roanoke. 011 the upper map. the darkened area represents the urban renewal tracts. depicted in greater detafl in fig. 4. L On the middle map, the darkened areas represent the "invisible inner city," the poverty tracts extending out on either side of the urban renewal lone. (Note that the outline of the invisible inner<:ity areas is included in all three maps.i On ttle lower map. ttle darkened area represents the majority black area of Roanoke. which is home to 65 percent of the city's African American population. Adapted by Michel Cantal-Oupart from: Mary Bishop, 1995; Mary Bishop and Shannon Harrington. 1997; Ray Reed. 2002. COURfESY OF THE R04NOKE riMES r4'ilV, ihl\,HC,I{.ld,L't 7 '1) ) /(l",l ~Cl cI i( tJ"-lli ^hLI h L' 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 June 18, 2004 :1, 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: Neighborhood Tour for Dr. Mindy Fullilove ~ Dear Mayor Smith and Members of City Council: As you are aware, Dr. Mindy Fullilove recently published a book, Root Shock: How Tearing Up City Neighborhoods Hurts America and What We Can Do. On June 21, 2004, she is scheduled to make a presentation on her book at the 2:00 p.m. City Council meeting. As part of her stay in Roanoke, on June 22'., at 2:00 p.m., staff will provide Dr. Fullilove a tour of several housing projects and neighborhoods that are experiencing revitalization activities. The neighborhoods and projects are: . Villages at Lincoln . Eight Jefferson Place . SE... By Design . McCray Court Senior Living . Gainsboro Neighborhood Revitalization Sincerely, Darlene L. Bur City Manager cc: Mary F. Parker, City Clerk . William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Rolanda Russell, Assistant City Manager George C. Snead, Jr., Assistant City Manager Mike Etienne, Director of Housing and Neighborhood Services I f CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk June 24, 2004 File #60-247 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36718-062104 approving the annual operating budget of The Hotel Roanoke Conference Center Commission for fiscal year 2004-2005, showing estimated revenues in the amount of $3,897,090.00 and expenses in the amount of $3,897,090.00, with the City's share of the operating subsidy being established at $100,000.00. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 21, 2004, and is in full force and effect upon its passage. Sincerely, () ~~.}./~Iu Mary F. Parker, CMC City Clerk MFP:ew Attachment Darlene L. Burcham June 24, 2004 Page 2 pc: Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget Deborah J. Moses, Director, Hotel Roanoke Conference Center vJ~t. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36718-062104. A RESOLUTION approving the annual operating budget of the Hotel Roanoke Conference Center Commission for Fiscal Year 2004-2005. WHEREAS, 921 ofthe Hotel Roanoke Conference Center Commission Act (Chapter 440 of 1991 Acts of Assembly) requires that each participating party approve the Commission's proposed operating budget for the forthcoming fiscal year; WHEREAS, the Commission has submitted to this Council a proposed operating showing estimated revenues in the amount of $3,897,090 and expenses in the amount of $3,897,090 budget for Fiscal Year 2004-2005, with the City share of the operating subsidy being established at $100,000; and WHEREAS, this Council desires to approve such proposed budget; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the annual operating budget for the Hotel Roanoke Conference Center Commission for Fiscal Year 2004-2005, a copy of which is attached to the letter of the City Manager to this Council, dated June 21, 2004, with the City's share of the operating subsidy being established at $100,000, is hereby approved. ATTEST: n ~~ -1 f/~ City Clerk. HlMEASURESIR-HRCCBUD.l0-04-OS CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk June 24, 2004 File #60-247 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 36717-062104 adopting the Annual Operating Budget for The Hotel Roanoke Conference Center Commission for the fiscal year 2004-2005, appropriating $200,000.00 to Conference Center Commission accounts and establishing revenue estimates of $100,000.00, each, for City of Roanoke and Virginia Tech contributions. The aboverefe'renced measure was adopted by the Cou ncil of the City of Roanoke at a regular meeting which was held on Monday,June 21, 2004, and is in full force and effect upon its passage. ~':" }.~ Mary F. Parker, CMC City Clerk MFP:ew Attachment Jesse A. Hall June 24, 2004 Page 2 pc: Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Office of Management and Budget ~'J IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of June, 2004. No. 36717-062104. AN ORDINANCE adopting the Annual Operating Budget Hotel Roanoke Conference Center Commission for the fiscal year 2004-2005 and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2004-2005 Hotel Roanoke Conference Center Commission Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Employee Salaries Fees for Professional Services Commission Administration Training and Development Revenues City Contribution Virginia Tech 010-320-9500-1002 010-320-9500-2010 010-320-9500-2092 010-320-9500-2044 $ 50,000 130,000 17,000 3,000 ' 010-110-1234-1125 010-110-1234-1128 100,000 100,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with, ATTESn.." J ~ . City Clerk. I_~':.\".",i>.~~"'~i.<,"~;~.',.'.\.,),' ('r . " ';~\ ~. ~ \'" \:0'71,.. ~/ ~.'\~.~ 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 June 21, 2004 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: Annual Operating Budget Hotel Roanoke Conference Center Commission for Fiscal Year 2004-2005 Background: The Hotel Roanoke Conference Center Commission was created by the Virginia General Assembly in 1991 to construct, equip, maintain and operate the Conference Center of Roanoke adjacent to the Hotel Roanoke. The City of Roanoke and Virginia Tech are participating entities in the Commission. In 1992, City Council authorized the establishment of an Agency Fund entitled "Hotel Roanoke Conference Center Commission," The Commission's enabling legislation allows the participating parties equally to contribute funds to the Commission to fund operating deficits of the Commission and to enable the Commission to expend such revenues for their proper purposes. The budget must be approved by each of the participating entities. City Council included funding in the FY2004-2005 General Fund adopted budget to be used for such purposes. Considerations: The Hotel Roanoke Conference Center Commission recommends the attached FY2004-2005 operating budget for your consideration. . "', '''.1 ~, Mayor Smith and Members of City Council June 21, 2004 Page 2 Recommended Action: City Council approve the Hotel Roanoke Conference Center Commission Budget for FY2004-2005, appropriate $200,000 to the Conference Center Commission Fund accounts as outlined on the attached and establish revenue estimates of $100,000 each for the City and Virginia Tech contributions. Respectfully submitted, Darlene L. Burcham City Manager DLB:djm c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sherman M. Stovall, Acting Director of Management and Budget CM04-00091 Hotel Roanoke Conference Center Commission Operating Budget FY2004-2005 REVENUES Conference Center Operating Revenues $3,277,174 Commission Non-Operating Revenues Virginia Tech City of Roanoke 100,000 100,000 Commission Retained Earnings 419,916 TOTAL REVENUES 3,897,090 EXPENSES Conference Center Operating Expenses 2,918,053 Conference Center Fixtures, Furniture and Equipment Expenses 779,037 Commission Operating Expenses: Personal Services( Director's salary & benefits) ProfessionaIServices(Lega~ audit, etc) Administration Training & Development 50,000 130,000 17 ,000 3,000 TOTAL EXPENSES $3,897,090 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk June 24, 2004 File #60-236 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36720-062104 accepting Fiscal Year 2004-2005 funds for the Community Development Block Grant program, the HOME Investment Partnerships program and the Emergency Shelter Grant program, and authorizing the City Manager to execute the requisite Grant Agreements with the United States Department of Housing and Urban Development, as more particularly set out in the City Manager's letter dated June 21, 2004, to City Council. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday,June 21, 2004, and is in full force and effect upon its passage. SAY~ I L Mary F. Parker, CMC City Clerk MFP:ew Attachment Darlene L. Burcham June 24, 2004 Page 2 pc: Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget Frank E. Baratta, Budget Team Leader <- c!;A, '" ~ d\ - ~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36720-062104. A RESOLUTION accepting the Fiscal Year 2004-2005 funds for the Community Development Block Grant (CDBG) program, the HOME Investment Partnerships program (HOME) and the Emergency Shelter Grant (ESG) program and authorizing the City Manager to execute the requisite Grant Agreements with the United States Department of Housing and Urban Development (HUD). BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Fiscal Year 2004-2005 funds for the CDBG, HOME and ESG programs are hereby ACCEPTED, upon receipt of approva11etters from HUD. 2. The City Manager is authorized to execute, and the City Clerk is authorized to attest, the requisite Grant Agreements with the United States Department of Housing and Urban Development for such funds, the Funding Approvals, and any and all understandings, assurances and documents relating thereto, in such form as is approved by the City Attorney, as more particularly set out in the City Manager's letter dated June 21,2004, to City Council. Air"-'-1 -}. ~ City Clerk. H:\RESOLUTIONS\R-CDBG-GRANT (2004-200S)062104.00c CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk June 24, 2004 File #60-236 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 36719-062104 appropriating funds for the Community Development Block Grant, HOME Investment Partnerships Program and Emergency Shelter Grant Program, and amending and reordaining certain sections of the 2004-2005 Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 21, 2004, and is in full force and effect upon its passage. s;n:Y~ ~p~ Mary F. Parker, CMC City Clerk MFP:ew Attachment Jesse A. Hall June 24, 2004 Page 2 pc: Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Office of Management and Budget Frank E. Baratta, Budget Team Leader ~~ ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of June, 2004. No. 36719-062104. AN ORDINANCE to appropriate funds for the Community Development Block Grant, HOME Investment Partnerships Program and Emergency Shelter Grant Program, amending and reordaining certain sections of the 2004-2005 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 the following sections of the 2004-2005 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Hotel Roanoke 108 Loan Repayment Unprogrammed CDBG - Carryover Hotel Roanoke 108 Loan Repayment Unprogrammed CDBG - Carryover Unprogrammed CDBG - Carryover Hotel Roanoke 108 Loan Repayment Unprogrammed CDBG - Other Hotel Roanoke 108 Loan Repayment Unprogrammed CDBG - Carryover Unprogrammed CDBG - Section 108 Loan Unprogrammed CDBG - Section 108 Loan Empowering Individuals with Disabilities Helping Elderly Live Pleasantly-Project Demolition Southeast Pilot Project - RRHA (Support) Southeast Pilot Project - RRHA (Admin) Connect Four - BRHDC (Support) Connect Four - BRHDC (Admin/CHDO) RAM House Improvements CHPC Homeownership Program Demolition - BRHDC - Project Demolition - BRHDC - Support Demolition - BRHDC - Admin Helping Elderly Live Pleasantly- Support 035-G01-0130-5135 035-G01-0140-5184 035-G02-0230-5135 035-G02-0240-5184 035-G02-0241-5184 035-G03-0330-5135 035-G03-0340-5189 035-G04-0430-5135 035-G04-0440-5184 035-G04-0440-5188 035-G04-0440-5188 035-G05-0520-5057 035-G05-0520-5080 035-G05-0520-5108 035-G05-0520-5376 035-G05-0520-5378 035-G05-0520-5382 035-G05-0520-5383 035-G05-0520-5400 035-G05-0520-5419 035-G05-0520-5420 035-G05-0520-5421 035-G05-0520-5422 035-G05-0520-5423 560 (560) 6,475 (5,925) (550) 4,157 (4,157) 100,196 (14,730) (85,466) 11,166 40,000 28,943 135,000 137,969 39,456 66,060 16,515 80,000 67,203 44,000 4,800 1,200 3,807 Helping Elderly Live Pleasantly- Admin Housing Rehab Reserve Project Gold - BRHDC - Support Project Gold - RRHA - Support Special Needs - RRHA - Project Special Needs - RRHA - Support Special Needs - RRHA - Admin Substandard Housing Rehab Project Gold - BRHDC - Admin Project Gold - BRHDC - Project Project Gold - RRHA - Admin Project Gold - RRHA - Project Historic Review Services HUD Admin Funds Small Business Development Center / CBDI Hotel Roanoke 108 Loan Repayment ($428,945) BSCI Microloan Program DUMAS Center Gainsboro/Gilmer Far;:ade Grants Old Southwest, Inc. - NDG Loudon/Melrose - NDG Gainsborough SW Community - NDG NNEO 5th Street Gateway Project Washington Park Alliance - NDG Melrose/Rugby Neighborhood Forum - NDG Fairland Civic Org - NDG Neighborhood Development Grant Reserve Target Neighborhood Infrastructure Empowering Individuals with Disabilities Apple Ridge Farms West End Center YMCA Magic Place at Hurt Park Resource Mothers CHIP Family Strengthening & Support YWCA Youth Club Presbyterian Family Services / Pathways Individual Development Account Summer Camp Scholarship - B&G Club RESOURCE-ful Elder Care School-Age After School Therapeutic Women's Resource Center - TAP 035-G05-0520-5424 035-G05-0520-5425 035-G05-0520-5427 035-G05-0520-5430 035-G05-0520-5432 035-G05-0520-5433 035-G05-0520-5434 035-G05-0520-5435 035-G05-0520-5446 035-G05-0520-5449 035-G05-0520-5453 035-G05-0520-5454 035-G05-0521-5403 035-G05-0521-5436 035-G05-0530-5021 035-G05-0530-5135 035-G05-0530-5437 035-G05-0530-5438 035-G05-0530-5439 035-G05-0537 -5028 035-G05-0537 -5245 035-G05-0537 -5259 035-G05-0537 -5309 035-G05-0537 -5360 035-G05-0537 -5410 035-G05-053 7 -5440 035-G05-0537 -5441 035-G05-0537 -5442 035-G05-0538-5057 035-G05-0538-5084 035-G05-0538-5160 035-G05-0538-5169 035-G05-0538-5222 035-G05-0538-5299 035-G05-0538-5350 035-G05-0538-5372 035-G05-0538-5412 035-G05-0538-5414 035-G05-0538-5443 035-G05-0538-5444 035-G05-0538-5445 250 16,000 46,393 96,000 129,306 23,694 7,000 100,000 10,000 104,742 18,000 225,025 7,500 2,500 25,000 317,557 100,000 100,000 70,762 3,000 17,000 3,228 250,000 3,617 9,109 2,000 2,046 69,592 8,250 8,580 9,000 30,603 10,638 8,850 8,250 30,000 22,406 15,000 41 ,969 39,754 39,477 Unprogrammed CHDO Funds Project GOLD (CHDO Project Funds) Unprogrammed CHDO Funds Project GOLD (CHDO Project Funds) Unprogrammed CHDO Funds Project GOLD (CHDO Project Funds) NNEO 5th Street Gateway Project BRHDC Project GOLD (Admin Funds) BRHDC Project GOLD (CHDO Operating Funds) BRHDC Project GOLD (CHDO Project Funds) BRHDC Project GOLD (Project Funds) CHPC Homeownership Program MAP American Dream (ADDI Funds) RRHA Project GOLD (Admin Funds) RRHA Project GOLD (Project Funds) NNEO 5th Street Gateway Project Unprogrammed Program Income - FY03 Unprogrammed Program Income - FY04 TRUST Shelter RAM House TAP Transitional Living Center Roanoke Valley Interfaith Hospitality Network Revenues 108 Repay CDBG Entitlement Other Program Income - RRHA Cooper Industries (UDAG) Sands Woody Loan Repayment SRO Loan to TAP Homeownership Assistance Lagniappe Loan Repayment Downtown Associates Hotel Roanoke Loan Repayment Rental Rehab Repay HOME Entitlement HOME Program Income FY05 HOME Program Income - FY03 HOME Program Income - FY04 2004/2005 Emergency Shelter Grant 035-090-5305-5418 035-090-5305-5448 035-090-5306-5418 035-090-5306-5448 035-090-5308-5418 035-090-5308-5448 035-090-5312-5309 035-090-5312-5446 035-090-5312-5447 035-090-5312-5448 035-090-5312-5449 035-090-5312-5450 035-090-5312-5451 035-090-5312-5453 035-090-5312-5454 035-090-5325-5309 035-090-5325-5458 035-090-5326-5459 035-630-5175-5251 035-630-5175-5252 035-630-5175-5253 035-630-5175-5254 035-G04-0400-2434 035-G05-0500-2501 035-G05-0500-2503 035-G05-0500-2506 035-G05-0500-2517 035-G05-0500-2520 035-G05-0500-2522 035-G05-0500-2531 035-G05-0500-2533 035-G05-0500-2534 035-G05-0500-2540 035-090-5312-5312 035-090-5312-5313 035-090-5325-5325 035-090-5326-5326 035-630-5175-5195 (3,534) 3,534 (1,546) 1,546 (28,138) 28,138 241 ,388 17,709 11 ,357 113,565 126,163 147,797 51,199 12,412 111,709 8,612 33,218 18,142 30,500 25,000 12,431 12,800 11,166 2,207,000 15,000 13,333 6,722 5,618 15,000 7,620 1,758 400,000 25,000 808,299 25,000 41 ,830 18,142 80,731 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~Mo City Clerk. jP~ CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 relephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com June 21, 2004 Honorable Ralph K. Smith, Mayor Honorable C. Nelson Harris, Council Member, 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: Acceptance of 2004-2005 Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME) and Emergency Shelter Grant (ESG) Program Funds Background: CDBG, HOME and ESG funds provide for a variety of activities ranging from housing and community development to homelessness prevention and economic development through the U.S. Department of Housing and Urban Development (HUD). The City has received these entitlement grant funds for over twenty years and must reapply annually to HUD to receive such funding. On May 13, 2004, by Resolution No. 36695-051304, City Council authorized filing the three separate funding applications as part of approving the submission of the Annual Update to the Consolidated Plan to HUD. Considerations: The funding release process is underway, and HUD's letter of approval is forthcoming, granting the City access to its 2004-2005 CDBG, HOME and ESG entitlements. The Annual Update approved by Council included $3,764,299 in new entitlement funds, anticipated program income and funds unexpended from prior year accounts. The actions recommended in this report include appropriation of an additional $62,526 received during the current fiscal year. These additional funds are being appropriated " .,.,., Mayor Smith and Members of City Council June 21, 2004 Page 2 into unprogrammed accounts for use in future activities and will be incorporated into the Consolidated Plan at a later date through a revision or amendment. Acceptance of the funds and appropriation or transfer to the accounts indicated in Attachments 1,2 and 3 are needed to permit the 2004-2005 activities to proceed. Acceptance of the 2004-2005 HOME entitlement requires $92,578.00 in local match. This requirement will be satisfied by excess matching funds banked in previous years from such sources as volunteer labor and income from a closed out Urban Development Action Grant used to support HOME program activities. Recommended Actions: 1. Adopt a resolution accepting the 2004-2005 CDBG, HOME and ESG entitlement funds as detailed below, contingent upon receipt of the approval letter from HUD; CDBG 2004-05 Entitlement HOME 2004-05 Entitlement ESG 2004-05 Entitlement TOTAL $2,207,000 808,299 80.731 $3,096,030 2. Authorize the City Manager to execute the required Grant Agreements, Funding Approval, and other forms required by HUD in order to accept the funds, approved as to form by the City Attorney; 3. Appropriate $3,096,030 entitlement and $515,051 in anticipated program income to revenue and expenditure accounts in the Grant Fund to be established by the Director of Finance, as detailed in Attachments 1, 2, and 3; 4. a. Increase the revenue estimate in the following CDBG revenue account: 108 Repay 035-G04-0400-2434 $11 ,166 b. Appropriate the funds listed in 4.a. to the following CDBG expenditure account: Unprog CDBG-Section 108 035-G04-0440-5188 by $11,166 5. a. Increase the revenue estimates in the following HOME revenue accounts: HOME Program Income FY03 035-090-5325-5325 $41,830 Home Program Income FY04 035-090-5326-5326 18,142 Mayor Smith and Members of City Council June 21, 2004 Page 3 b. Appropriate the funds listed in 5.a. to the following HOME expenditure accounts: NNEO 5th Street Gateway Project 035-090-5325-5309 Unprogrammed PI FY03 035-090-5325-5458 Unprogrammed PI FY04 035-090-5326-5459 by $ 8,612 by 33,218 by 18,142 6. Transfer $144,606 in CDBG and HOME accounts from prior years to projects included in the 2004-2005 CDBG and HOME programs, detailed in Attachments 1,2, and 3. Respectfully submitted, ~vJ Darlene L. B City Manager DLB:acm Attachment c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sherman Stovall, Acting Director of Management and Budget Frank E. Baratta, Budget Team Leader CM04-00094 ITEMIZED EXPENDITURES FOR CDSG FICSCAL YEAR 2004-2005 Account No. Item Descriotion Amount EXPENDITURES Houslnc 035-G05-0520 5057 Emoowering Individuals with Disabilities $40,000 5080 Heloina Eldenv Live Pleasantlv - Proiect $28,943 5108 Demolition $135,000 5382 Connect Four - BRHDC (Suooort) $66,060 5383 Connect Four - BRHDC (AdminlCHDOl $16,515 5376 Southeast Pilot Proiect - RRHAlSuDDort) $137,969 5378 Southeast Pilot Project - RRHA (Admin) $39,456 5400 RAM House Improvements $80,000 5419 CHPC Homeownershio Proaram $67,203 5420 Demolition - BRHDC - Project $44,000 5421 Demolition - BRHDC - Suooort $4,800 5422 Demolition - BRHDC - Admin $1,200 5423 Heloina Elderlv Live Pleasantlv - SUDDon $3,807 5424 Heiping Elderiy Live Pleasantlv - Admin $250 5425 Houslna Rehab Reserve $16,000 5449 Proiect GOLD - BRHDC - Proiect $104,742 5427 Proiect GOLD - BRHDC - SUDDort $46,393 5446 Proiect GOLD - BRHDC - Admin $10,000 5454 Proiect GOLD - RRHA - Proiect $225,025 5430 Proiect GOLD - RRHA - SUDDon $96,000 5453 Project GOLD - RRHA - Admin $18,000 5432 Soecial Needs - RRHA - Proiect $129,306 5433 Soecial Needs - RRHA - Suooort $23,694 5434 Special Needs - RRHA - Admin $7,000 5435 Substandard Housing Rehab $100,000 Subtotal - Housing $1,441,363 Planninc I Admin 035-G05-0521 5403 Historic Review Services $7,500 5436 HUD Admin Funds $2,500 Subtotal - Plannina/Admin $10,000 Account No. Item Description Amount Economic Development Projects 035-G05-0530 5021 Small Business Development Center I CBDI $25,000 5135 Hotel Roanoke 108 Loan Repavment ($428,945) $317,557 5437 BSCI Microloan Prooram $100,000 5438 DUMAS Center $100,000 5439 Gainsboro/Gilmer Facade Grants $70,762 Subtotal - Economic Development $613,319 Neiohborhood Prolects 035-G05-0537 5028 Old Southwest, Inc. - NDG $3,000 5245 Loudon/Melrose - NDG $17,000 5259 Gainsborouoh SW Comm - NDG $3,228 5309 NNEO 5th Street Gatewav Proiect $250,000 5360 Washinllton Park Alliance - NDG $3,617 5410 Melrose/Ruobv Neiahborhood Forum - NDG $9,109 5440 Fairtand Civic Orll - NDG $2,000 5441 Neillhborhood Devel Grant Reserve $2,046 5442 Taraet Neiahborhood Infrastructure $69,592 Subtotal - Neiahborhood $359,592 Human Development Programs 035-G05-0538 5057 Empowerinll Individuals with Disabilities $8,250 5084 Apple Ridlle Farms $8,580 5160 West End Center $9,000 5169 YMCA Maaic Place at Hurt Park $30,603 5222 Resource Mothers $10,638 5299 CHIP Familv Strenathening & Support $8,850 5350 YWCA Youth Club $8,250 5372 Presbvierian F amilv Services I Pathwavs $30,000 5412 Individual Development Account $22,406 5414 Summer Camp Scholarshio - B&G Club $15,000 5443 RESOURCE-ful Elder Care $41,969 5444 School-Aae After School Therapeutic $39,754 5445 Women's Resource Center - TAP $39,477 Subtotal - Human Develooment $272,777 TOTAL EXPENDITURES $2,697,061 Account No. Item Oescription Amount REVENUE 035-G05-0500-2501 CDSG Entitlement $2,207,000 2503 Other Prooram Income - RRHA $15,000 2506 Coooer Industries (UDAG) $13,333 2517 Sands Woody Loan Reoavment $6,722 2520 SRO Loan to TAP $5,618 2522 Homeownership Assistance $15,000 2531 Laoniaooe Loan Reoavment $7,620 2533 Downtown Associates $1,758 2534 Hotel Roanoke Loan Repavment $400,000 2540 Rental Rehab Repay $25,000 TOTAL REVENUE $2,697,061 CDSG ACCOUNT TRANSFERS INCREASE 035-G01-0130-5135 Hotel Roanoke 108 Loan Reoavment $560 035-G02-0230-5135 Hotel Roanoke 108 Loan Repavment $6,475 035-G03-0330-5135 Hotel Roanoke 108 Loan Repayment $4,157 035-G04-0430-5135 Hotel Roanoke 108 Loan Reoavment $100,196 Total Transfer Increase $111,388 DECREASE 035-G01-0140-5184 Unoroorammed COSG - Carryover $560 035-G02-0240-5184 UnDroorammed COSG - CarrYover $5,925 035-G02-0241-5184 Unproarammed COSG - CarrYover $560 035-G03-0340-5189 Unoroorammed COSG - Other $4,157 035-G04-0440-5184 UnDroorammed CDSG - CarrYover $14,730 035-G04-0440-5188 Unproorammed CDSG - Section 108 Loan $85,466 Total Transfer Decrease $111,388 INCREASE REVENUE ESTIMATE 035-G04-0400-2434 108 ReDav 11,166 APPROPRIATE TO 035-G04-0440-5188 Unoroorammed COSG - Section 108 Loan 11,166 c:\mydocumenta\8xcet\04_ 05approp ITEMIZED EXPENDITURES FOR CDSG FICSCAL YEAR 2004-2005 Account No. Item DescriDtion Amount EXPENDITURES Houslna 035-G05-0520 5057 Emoowerino Individuals with Disabilities $40,000 5080 HelDino Elderlv Live Pleasantlv - Proiect $28,943 5108 Demolition $135,000 5382 Connect Four - BRHDC (Suooort) $66,060 5383 Connect Four - BRHDC (AdminlCHDOl $16,515 5376 Southeast Pilot Proiect - RRHA (SUDDort) $137,969 5378 Southeast Pilot Proiect - RRHA (Admin) $39,456 5400 RAM House ImDrovements $80,000 5419 CHPC HomeownershiD Proaram $67,203 5420 Demooti~-BRHDC-Pr~ect $44,000 5421 D~tlon-BRHDC-Suooort $4,800 5422 Demolition - BRHDC - Admin $1,200 5423 HelDing Eldertv Live Pleasantlv - SUDDort $3,807 5424 Helolno Elderlv Live Pleasantly - Admin $250 5425 Housino Rehab Reserve $16,000 5449 Proiect GOLD - BRHDC - Proiect $104,742 5427 Proiect GOLD - BRHDC - SUDDort $46,393 5446 Proiect GOLD - BRHDC - Admin $10,000 5454 Proiect GOLD - RRHA - Proiect $225,025 5430 Proiect GOLD - RRHA - Support $96,000 5453 Proiect GOLD - RRHA - Admin $18,000 5432 Special Needs - RRHA - Proiect $129,306 5433 Soecial Needs - RRHA - Supoort $23,694 5434 Soeclal Needs - RRHA - Admin $7,000 5435 Substandard Housino Rehab $100,000 Subtotal - HoUSing $1,441,363 Planning/ Admin 035-G05-0521 5403 Historic Review Services $7,500 5436 HUD Admin Funds $2,500 Subtotal - Plannino/Admin $10,000 Account No. Item Descrintion Amount Economic Development Prolects 035-G05-0530 5021 Small Business Development Center I CBDI $25,000 5135 Hotel Roanoke 108 Loan Renavment-C$428,945l $317,557 5437 BSCI M1cro1oan Prooram $100,000 5438 DUMAS Center $100,000 5439 GainsborolGilmer Facade Grants $70,762 Subtotal - Economic Develooment $613,319 Nelahborhood Projects 035-G05-0537 5028 Old Southwest, Inc. - NDG $3,000 5245 Loudon/Melrose - NDG $17,000 5259 Gainsborouah SW Comm - NDG $3,228 5309 NNEO 5th Street Gatewav Proiect $250,000 5360 Washinaton Park Alliance - NDG $3,617 5410 Melrose/Ruaby Neighborhood Forum - NDG $9,109 5440 Falrtand Civic Ora - NDG $2,000 5441 Neighborhood Devel Grant Reserve $2,046 5442 Taraet Neighborhood Infrastructure $69,592 Subtotal - Neighborhood $359,592 Human Development Proarams 035-G05-0538 5057 Empowering Individuals with Disabilities $8,250 5084 Anole Ridge Farms $8,580 5160 West End Center $9,000 5169 YMCA Maaic Place at Hurt Park $30,603 5222 Resource Mothers $10,638 5299 CHIP Famllv Strengthenina & Sunnort $8,850 5350 YWCA Youth Club $8,250 5372 Presbyterian Family Services I Pathwavs $30,000 5412 Individual Development Account $22,406 5414 Summer Camp Scholarship - B&G Club $15,000 5443 RESOURCE-ful Elder Care $41,969 5444 School-Aae After School Theraneutic $39,754 5445 Women's Resource Center - TAP $39.477 Subtotal - Human Development $272,777 TOTAL EXPENDITURES $2,697,051 Account No. Item Descriotion Amount REVENUE 035-G05-0500-2501 CDBG Entitlement $2,207,000 2503 Other Pro~ram Income - RRHA $15,000 2506 Cooper Industries (UDAG) $13,333 2517 Sands Woody Loan Repayment $6,722 2520 SRO Loan to TAP $5,618 2522 Homeownership Assistance $15,000 2531 Laoniaooe Loan Repayment $7,620 2533 Downtown Associates $1,758 2534 Hotel Roanoke Loan Repavment $400,000 2540 Rental Rehab Repay $25,000 TOTAL REVENUE $2,697,051 CDBG ACCOUNT TRANSFERS INCREASE 035-G01-0130-5135 Hotel Roanoke 108 Loan Reoavment $560 035-G02-0230-5135 Hotel Roanoke 108 Loan Reoavment $6,475 035-G03-0330-5135 Hotel Roanoke 108 Loan Reoavment $4,157 035-G04-0430-5135 Hotel Roanoke 1 08 Loan Repavment $100,196 Total Transfer Increase $111,388 DECREASE 035-G01-0140-5184 Unoroorammed CDBG - CarrYover $560 035-G02-0240-5184 Unpro~rammed CDBG - CarrYover $5,925 035-G02-0241-5184 Unprogrammed CDBG - CarrYover $550 035-G03-0340-5189 Unoroorammed CDBG - Other $4,157 035-G04-0440-5184 Unproarammed CDBG - CarrYover $14,730 035-G04-0440-5188 Unprogrammed CDBG - Section 108 Loan $85,466 Total Transfer Decrease $111.388 INCREASE REVENUE ESTIMATE 035-G04-0400-2434 108 Repav 11,166 APPROPRIATE TO 035-G04-0440-5188 Unoroorammed CDBG - Section 108 Loan 11,166 c:\mydocumentl\excel\04_ 05approp ESG Funds - 2004/2005 Account Set-up Transactions Account No. Item Description Amount 035-630-5175-5195 Revenue - 2004/2005 $ 80,731.00 Emergency Shelter Grant Expenditures: 035-630-5175-5251 TRUST Shelter $ 30,500.00 035-630-5175-5252 RAM House $ 25,000.00 035-630-5175-5253 TAP Transitional Living Center $ 12,431.00 035-630-5175-5254 Roanoke Valley Interfaith $ 12,800.00 Hospitality Network Grand Totals Revenue $ 80,731.00 Expenditures $ 80,731.00 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk June 24, 2004 File #60-107 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 36721-062104 appropriating insurance proceeds, in the amount of $46,882.00, received from a damaged sign at Orange Avenue between Williamson Road and 1-581, to the Roadway Safety Improvement Program, and amending and reordaining certain sections ofthe 2003-2004 Capital Projects Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday,June 21, 2004, and is in full force and eff-ect upon its passage. S~'Y~J~ Mary F. Parker, CMC City Clerk MFP:ew Jesse A. Hall June 24, 2004 Page 2 pc: Darlene L. Burcham, City Manager Robert K. Bengtson, Director of Public Works Sherman M. Stovall, Director, Office of Management and Budget Kenneth H. King, Jr., Transportation Division Manager Y:-~ ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of June, 2004. No. 36721-062104. AN ORDINANCE to appropriate insurance proceeds received from a damaged sign to the Roadway Safety Improvement Program, amending and reordaining certain sections of the 2003-2004 Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2003-2004 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriate from General Revenue Revenue Miscellaneous Third Party Revenue $ 008-530-9824-9003 46,882 008-008-1234-1293 46,882 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: n~ j~ 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 June 21, 2004 Honorable Ralph K. Smith, Mayor Honorable C. Nelson Harris, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable Dr. M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable, Beverly T. Fitzpatrick, Jr. Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Appropriate Insurance Revenue Background: A vehicular accident resulted in the damage and eventual removal of an overhead sign structure on Orange Avenue between Williamson Road and 1-581. Earlier this year the responsible insurance carrier issued a check to the City of Roanoke in the amount of $46,882 to repair and re-install the sign structure. These funds were received in Miscellaneous Third Party Revenue (Account 008-008-1234). The City is preparing to let a contract to have the sign re-installed and these funds will be needed to accomplish this work. Recommended Action: City Council establishes a revenue estimate for the $46,882 received in the Miscellaneous Third Party Revenue (Account 008-008-1234) and appropriate funding of the same to a new account to be titled Transportation Infrastructure Improvement FY04-09 (Account 008-052-9606). Respectfully submitted, Darlene L. Bur City Manager " . '. DLB/KHK/gpe c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Robert K. Bengtson, P.E., Director of Public Works Kenneth H. King, Jr., P.E., Transportation Division Manager Sherman M. Stovall, Acting Director of Management and Budget CM04-00099 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk June 24, 2004 File #5-60 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36723-062104 authorizing an agreement with the County of Roanoke for a regional police driver training facility on property owned by Roanoke County, upon certain terms and conditions, as set forth in an attachment to a report of the City Manager under date of June 21, 2004. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 21, 2004, and is in full force and effect upon its passage. SnY~ J~ Mary F. Parker, CMC City Clerk MFP:ew Attachment Darlene L. Burcham June 24, 2004 Page 2 pc: Diane S. Childers, Clerk, Roanoke County Board of Supervisors P. O. Box 29800, Roanoke, Virginia 24018-0798 Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget Rolanda B. Russell, Assistant City Manager for Community Development A. L. Gaskins, Chief of Police ~~5 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of June, 2004. No. 36723-062104. AN RESOLUTION authorizing an agreement with the County of Roanoke for a regional police driver training facility on property owned by the County upon certain terms. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, an agreement with the County of Roanoke, Vrrginia whereby the City and the County agree to establish a jointly owned regional police driving training facility on property owned by the County and located in the County. 2. The agreement shall provide that the driving facility will be for the use of City and County law enforcement officers and may be terminated upon ninety days notice, and shall contain such other terms and conditions as deemed necessary by the City Manager. The form of the agreement shall be approved by the City Attorney and will be substantially as set forth in the attachment to the City Manager's report dated June 21,2004. A;;~jlL- City Clerk. H:lMeasures'police driving 1raining facility with couuty.doc CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk June 24, 2004 File #5-60 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 36722-062104 appropriating and transferring funds for the Regional Driver Training Facility, and amending and reordaining certain sections of the 2003-2004 Capital Projects and Grant Funds Appropriations. The above referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 21, 2004, and is in full force and effect upon its passage. s;;:y~ J.~ Mary F. Parker, CMC City Clerk MFP:ew Jesse A. Hall June 24, 2004 Page 2 pc: Darlene L. Burcham, City Manager Rolanda B. Russell, Assistant City Manager for Community Development Sherman M. Stovall, Director, Office of Management and Budget A. L. Gaskins, Chief of Police ~<) IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of June, 2004. No. 36722-062104. AN ORDINANCE appropriating funds for the Regional Driver Training Facility, amending and reordaining certain sections of the 2003-2004 Capital Projects and Grant Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2003-2004 Capital Projects and Grant Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Capital Proiects Fund Appropriations Appropriated from Federal Grant Funds Revenue Transfer from Grant Fund 008-640-9905-9902 273,500 273,500 008-640-9905-1360 Grant Fund Appropriations Construction Other Transfer to Capital Projects Fund Transfer to Capital Projects Fund Revenue A TF Federal Forfeiture FY05 035-640-3335-9065 035-640-3335-9508 035-640-3355-9508 035-640-3355-3355 (63,392) 63,392 210,108 210,108 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTE~~ l~ City Clerk. /'lV ~'c:i} ';.J.u.1:.n). !_"'~',',"'''''''C:'''','. (r' '. -'" " , , ' \.,. - .'^ 'Z~:(' 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 June 21 , 2004 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: Regional Driver Training Facility - Agreement between City and Roanoke County Background: In October 2003, members of City Council were briefed on a joint effort between the City and Roanoke County to develop and construct a regional driving range facility to be shared by each entity. Since that time, the City and County have been working together in the development of the regional driver training facility located on 30 acres of the same tract of land as the regional firing range. Once completed, this site will have a two-bay garage area, driving tower, classroom, covered bleachers, 1,800 feet of guardrails, cement skid pad, and 3,700 feet of paved roadway. Development costs are projected at approximately $547,000 and will be shared equally, with the City's share projected at approximately $273,500. Considerations: The driver training facility will be under the joint direction and supervision of a driver training facility-governing committee consisting of two representatives appointed by the Chiefs of Police from the City and the County. Mayor Smith and Member of City Council June 21, 2004 Page 2 The attached agreement between the City of Roanoke and Roanoke County provides for contributions of assets or funds of equal value for construction of and improvements to the Police Driver Training Facility. Once the facility is completed, the City and Roanoke County will contribute funds in equal parts toward the operating expenses of the facility. Expenditures for the normal annual operation, maintenance and upkeep of the facility are estimated at approximately $40,000. The City's share of operating costs will be provided through the Roanoke Police Department's FY 2004-05 operating budget. For repair of specific instances of damages exceeding $499.99, which are attributable to an identified incident, the department of the employee responsible for such damages shall be responsible for all repair costs. The initial term of the agreement provides that each entity should voluntarily aid and assist each other in the driver training of police personnel and combine potential resources to be used to construct the facility for the use and good of both parties. However, neither party is currently bound by a long-term commitment to the police driver training facility. Funding for the City's share of developmental costs has been identified from Federal Asset Forfeiture funds. $63,392 in ATF funds is available in account number 035-640-3335-3346, with the remaining balance of $210,108 to be funded from federal asset forfeiture revenues anticipated in the Grant Fund budget. Recommended Action: City Council authorize the City Manager to execute the attached agreement with Roanoke County, approved as to form by the City Attorney. Transfer $63,392 from the ATF account, 035-640-3335-3346, to an account to be established in the Capital Projects Fund by the Director of Finance. Increase the revenue estimate for federal forfeiture funds by $210,108, appropriating the same to the aforementioned account to be established by the Director of Finance. Respectfully submitted, ~ Darlene L. Burcham City Manager Mayor Smith and Member of City Council June 21, 2004 Page 3 DLB:mds 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 A. L. Gaskins, Chief of Police CM04-0 1 00 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk June 24, 2004 File #60-72 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 36724-062104 appropriating $550,962.00 to the Human Services Committee for funding of qualified agencies for fiscal year 2004-2005, and amending and reordaining certain sections of the 2004-2005 General Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 21, 2004, and is in full force and effect upon its passage. Sincerely, lP~ A~ Mary F. Parker, CMC City Clerk MFP:ew Attachment Jesse A. Hall June 24, 2004 Page 2 pc: Darlene L. Burcham, City Manager Rolanda B. Russell, Assistant City Manager for Community Development Sherman M. Stovall, Director, Office of Management and Budget Jane R. Conlin, Director of Human Services Teresa I. McDaniel, Secretary, Human Services Committee ~~ ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of June, 2004. No. 36724-062104. AN ORDINANCE to appropriate funding to the Human Services Committee, amending and reordaining certain sections of the 2004-2005 General 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 the following sections of the 2004-2005 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows, in part: Appropriations Subsidies 001-630-5220-3700 (550,962) Bradley Free Clinic 001-630-5220-3721 30,000 League of Older Americans - Home Delivered Meals 001-630-5220-3722 29,000 Roanoke Area Ministries - Emergency Financial Assistance 001-630-5220-3723 30,000 Unified Human Services Transp. (RADAR)-STAR 001-630-5220-3725 22,000 Bethany Hall-Residential Substance Abuse Treatment 001-630-5220-3728 10,000 Council of Community Services - Information & Referral 001-630-5220-3732 13,650 Northwest Child Development Center 001-630-5220-3734 20,000 Roanoke Valley Speech & Hearing Center - Speech Pathology 001-630-5220-3738 3,500 TRUST - Emergency Shelter & Transitional Housing 001-630-5220-3740 10,000 Inner City Athletic Association 001-630-5220-3744 5,000 West End Center for Youth 001-630-5220-3745 40,000 Adult Care Center - Adult Day Care 001-630-5220-3746 7,000 Confict Resolution Center - Mediation & Parent Education 001-630-5220-3748 5,500 Roanoke Adolescent Health Partnership 001-630-5220-3767 20,000 Roanoke Valley CASA 001-630-5220-3775 3,000 Greenvale School 001-630-5220-3780 11,000 Blue Ridge Independent Living - Independent Living Services for Roanoke Citizens w/ Disab. 001-630-5220-3781 8,803 Mental Health Association - Mental Health Care Collaberative 001-630-5220-3784 2,500 Southwestern VA Second Harvest Food Bank 001-630-5220-3788 15,000 Planned Parenthood of the Blue Ridge - Education Program 001-630-5220-3795 5,000 St. John's Community Youth Program 001-630-5220-3797 5,000 Girl Scouts of VA Skyline Council- Outreach Program 001-630-5220-3798 4,000 Presbyterian Community Center - Pathways Prog 001-630-5220-3801 2,500 Children's Advocacy Center - Family Support 001-630-5220-3915 7,500 Brain Injury Services of SW Virginia - Comprehensive Service Coordination Program 001-630-5220-3916 7,500 Apple Ridge Farm - Summer Academic Camp & Reading Adventure 001-630-5220-3917 10,000 Family Service of Roanoke Valley - ACTION Program 001-630-5220-3919 15,000 Family Service of Roanoke Valley - Home Care Aide 001-630-5220-3920 15,009 Family Service of Roanoke Valley - Family & Individual Counseling 001-630-5220-3921 10,000 Family Service of Roanoke Valley - Adults Plus 001-630-5220-3922 14,500 Blue Ridge Legal Svcs-Legal Assistance to Low Income Persons 001-630-5220-3923 6,000 Downtown Music Lab - Partners in Music 001-630-5220-3924 4,000 Big Brothers - Big Sisters - Community Based Mentoring 001-630-5220-3925 3,000 Roanoke Interfaith Hospitality Network - Case Management Program 001-630-5220-3927 8,000 Salvation Army - Turning Point 001-630-5220-3929 14,000 Salvation Army - Emergency Shelter & Transitional Housing for Men 001-630-5220-3930 14,000 Child Health Investment Partnership - Helpful Opportunities for Parents to Excel 001-630-5220-3931 5,000 Child Health Investment Partnership - Family Strengthening Program 001-630-5220-3932 25,000 Child Health Investment Partnership - Care Coordination Program 001-630-5220-3933 30,000 YMCA of Roanoke Valley - Magic Place Child Care Program 001-630-5220-3934 9,000 YMCA of Roanoke Valley - Homework Success & Drop-In Summer Outreach YWCA of Roanoke Valley - Therapeutic Aquatics YWCA of Roanoke Valley - School Age Childcare YWCA of Roanoke Valley - Youth Club YWCA of Roanoke Valley - Resident Program Council of Community Services - Monitoring Services 001-630-5220-3935 001-630-5220-3936 001-630-5220-3937 001-630-5220-3938 001-630-5220-3939 001-630-5220-3940 10,000 8,000 7,000 10,000 5,000 11,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. AA.., j~ 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: c1erk@cLroanoke.vaus STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk: MARY F. PARKER, CMC City Clerk June 29, 2004 Bradley Free Clinic 1240 Third Street, S. W. Roanoke, Virginia 24016 Attention: Executive Director Ladies and Gentlemen: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 21, 2004, City Council approved the recommendations of the Human Services Committee for funding of certain agencies for fiscal year 2004-05. Funding in the amount of $30,000.00 was approved for the Bradley Free Clinic for the fiscal year commencing July 1, 2004 and ending June 30, 2005. The City of Roanoke values the many contributions of the Bradley Free Clinic which are rendered on behalf of the citizens of Roanoke. It is hoped that the City's investment will play a significant role in your ongoing progress and development. s;;:: ! ~ Mary F. Parker, CMC City Clerk MFP:ew June 21 correspondence human services committee letters ..~.~c..... ," ., . .~ . . ....'-.>., 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 MARY F. PARKER, CMC City Clerk June 29, 2004 League of Older Americans 706 Campbell Avenue, S. W. Roanoke, Virginia 24016 Attention: Executive Director Ladies and Gentlemen: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 21, 2004, City Council approved the recommendations of the Human Services Committee for funding of certain agencies for fiscal year 2004-05. Funding in the amount of $29,000.00 was approved for the League of Older Americans for the fiscal year commencing July 1, 2004 and ending June 30, 2005. The City of Roanoke values the many contributions of the League of Older Americans which are rendered on behalf of the citizens of Roanoke. It is hoped that the City's investment will playa significant role in your ongoing progress and development. ~':" 1. ~ Mary F. Parker, CMC City Clerk MFP:ew June 21 correspondence human services committee letters ...~~~.' 'Il1II~ \ ... ~ . . . , " CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church A venue, S. W., Room 456 Roanoke, Virginia 2401 1-1536 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 MARY F. PARKER, CMC City Clerk June 29, 2004 Roanoke Area Ministries 824 Campbell Avenue, S. W. Room 5 Roanoke, Virginia 24016 Attention: Director Ladies and Gentlemen: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 21, 2004, City Council approved the recommendations of the Human Services Committee for funding of certain agencies for fiscal year 2004-05. Funding in the amount of $30,000.00 was approved for the Roanoke Area Ministries for the fiscal year commencing July 1, 2004 and ending June 30, 2005. The City of Roanoke values the many contributions of the Roanoke Area Ministries which are rendered on behalf of the citizens of Roanoke. It is hoped that the City's investment will playa significant role in your ongoing progress and development. S7\':" J. L Mary F. Parker, CMC City Clerk MFP:ew June 21 correspondence human services committee letters II. ';'N. .... .. -." . . . ~J CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church A venue, 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 MARY F. PARKER, CMC City Clerk SHEILA N. HARTMAN Assistant City Clerk June 29, 2004 RADAR P. O. Box 13825 Roanoke, Virginia 24037 Attention: Executive Director Ladies and Gentlemen: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 21, 2004, City Council approved the recommendations of the Human Services Committee for funding of certain agencies for fiscal year 2004-05. Funding in the amount of $22,000.00 was approved for RADAR for the fiscal year commencing July 1, 2004 and ending June 30, 2005. The City of Roanoke values the many contributions of RADAR which are rendered on behalf of the citizens of Roanoke. It is hoped that the City's investment will play a significant role in your ongoing progress and development. SA"~ J. ~ Mary F. Parker, CMC City Clerk MFP:ew June 21 correspondence human services committee letters _..~:~~..., dl(l .. . . t.{(0 CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 1-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@cLroanoke.va.us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk MARY F. PARKER, CMC City Clerk June 29, 2004 Bethany Hall 1109 Franklin Road, S. W. Roanoke, Virginia 24016 Attention: Executive Director Ladies and Gentlemen: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 21, 2004, City Council approved the recommendations of the Human Services Committee for funding of certain agencies for fiscal year 2004-05. Funding in the amount of $10,000.00 was approved for Bethany Hall for the fiscal year commencing July 1, 2004 and ending June 30, 2005. The City of Roanoke values the many contributions of Bethany Hall which are rendered on behalf of the citizens of Roanoke. It is hoped that the City's investment will play a significant role in your ongoing progress and development. S~Y''"i' J ~ Mary F. Parker, CMC City Clerk MFP:ew June 21 correspondence human services committee letters _..~..~'O"C.. r . .. . .~ .. .~ 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@cLroanoke.va.us STEPHANIE M. MOON Deputy City Clerk MARY F. PARKER, CMC City Clerk SHEILA N. HARTMAN Assistant City Clerk June 29, 2004 Council of Community Services P. O. Box 598 Roanoke, Virginia 24004 Attention: Executive Director Ladies and Gentlemen: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 21, 2004, City Council approved the recommendations of the Human Services Committee for funding of certain agencies for fiscal year 2004-05. Funding in the amount of $13,650.00 was approved for the Council of Community Services - Information and Referral for the fiscal year commencing July 1, 2004 and ending June 30, 2005. The City of Roanoke values the many contributions of the Council of Community Services which are rendered on behalf of the citizens of Roanoke. It is hoped that the City's investment will playa significant role in your ongoing progress and development. S~'Y~ J ~ Mary F. Parker, CMC City Clerk MFP:ew June 21 correspondence human services committee letters @J~\:.... " 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 MARY F. PARKER, CMC City Clerk June 29, 2004 The Northwest Child Development Center 1523 Melrose Avenue, N. W. Roanoke, Virginia 24017 Attention: Executive Director Ladies and Gentlemen: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 21, 2004, City Council approved the recommendations of the Human Services Committee for funding of certain agencies for fiscal year 2004-05. Funding in the amount of $20,000.00 was approved for the Northwest Child Development Center for the fiscal year commencing July 1, 2004 and ending June 30, 2005. The City of Roanoke values the many contributions of the Northwest Child Development Center which are rendered on behalf of the citizens of Roanoke. It is hoped that the City's investment will playa significant role in your ongoing progress and development. S~'Y~ J ~ Mary F. Parker, CMC City Clerk MFP:ew June 21 correspondence human services committee letters II.~~' "" - I" 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: c1erk@ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk MARY F. PARKER, CMC City Clerk June 29, 2004 Roanoke Valley Speech & Hearing Center 2030 Colonial Avenue, S. W. Roanoke, Virginia 24015 Attention: Executive Director Ladies and Gentlemen: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 21, 2004 approved the recommendations of the Human Services Committee for funding of certain agencies for fiscal year 2004-05. Funding in the amount of $3,500.00 was approved for the Roanoke Valley Speech & Hearing Center for the fiscal year commencing July 1, 2004 and ending June 30, 2005. The City of Roanoke values the many contributions of the Roanoke Valley Speech & Hearing Center which are rendered on behalf of the citizens of Roanoke. It is hoped that the City's investment will playa significant role in your ongoing progress and development. Sn'"" J. ~ Mary F. Parker, CMC City Clerk MFP:ew June 21 correspondence human services committee letters 1I.~~.'".c. ,~ . \ .~ " 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: c1erk@ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk MARY F. PARKER, CMC City Clerk June 29, 2004 TRUST 404 Elm Avenue, S. W. Roanoke, Virginia 24016 Attention: Executive Director Ladies and Gentlemen: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 21, 2004, City Council approved the recommendations of the Human Services Committee for funding of certain agencies for fiscal year 2004-05. Funding in the amount of $10,000.00 was approved for TRUST for the fiscal year commencing July 1, 2004 and ending June 30, 2005. The City of Roanoke values the many contributions of TRUST which are rendered on behalf of the citizens of Roanoke. It is hoped that the City's investment will play a significant role in your ongoing progress and development. Si\Y~ j ~ Mary F. Parker, CMC City Clerk MFP:ew June 21 correspondence human services committee letters II~.~.'C l .~. , -' .. . . . . '", 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: c1erk@ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk MARY F. PARKER. CMC City Clerk June 29, 2004 Inner City Athletic Association P. O. Box 13362 Roanoke, Virginia 24033 Attention: Executive Director Ladies and Gentlemen: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 21, 2004, City Council approved the recommendations of the Human Services Committee for funding of certain agencies for fiscal year 2004-05. Funding in the amount of $5,000.00 was approved for the Inner City Athletic Association for the fiscal year commencing July 1, 2004 and ending June 30, 2005. The City of Roanoke values the many contributions of the Inner City Athletic Association which are rendered on behalf of the citizens of Roanoke. It is hoped that the City's investment will playa significant role in your ongoing progress and development. ~'Y~ :1 L Mary F. Parker, CMC City Clerk MFP:ew June 21 correspondence human services committee letters II~~. r~ ~', , , ~- . . . 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@cLroanoke.va.us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk MARY F. PARKER, CMC City Clerk June 29, 2004 West End Center for Youth 1223 Patterson Avenue, S. W. Roanoke, Virginia 24016 Attention: Executive Director Ladies and Gentlemen: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 21, 2004, City Council approved the recommendations of the Human Services Committee for funding of certain agencies for fiscal year 2004-05. Funding in the amount of $40,000.00 was approved for the West End Center for Youth for the fiscal year commencing July 1, 2004 and ending June 30, 2005. The City of Roanoke values the many contributions of the West End Center for Youth which are rendered on behalf of the citizens of Roanoke. It is hoped that the City's investment will playa significant role in your ongoing progress and development. Sincerely, .k... ~/l~ Mary F. Parker, CMC City Clerk MFP:ew June 21 correspondence human services committee letters 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: c1erk@cLroanoke.va.us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk MARY F. PARKER, CMC City Clerk June 29, 2004 Adult Care Center of Roanoke Valley, Inc. 1970 Roanoke Boulevard Veterans Administration Center Building 76-1 Salem, Virginia 24153 Attention: Executive Director Ladies and Gentlemen: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 21, 2004, City Council approved the recommendations of the Human Services Committee for funding of certain agencies for fiscal year 2004-05. Funding in the amount of $7,000.00 was approved for the Adult Care Center of Roanoke Valley, Inc., for the fiscal year commencing July 1, 2004 and ending June 30, 2005. The City of Roanoke values the many contributions of the Adult Care Center of Roanoke Valley, Inc., which are rendered on behalf of the citizens of Roanoke. It is hoped that the City's investment will playa significant role in your ongoing progress and development. S;ow.ly, /2... ::::::~jM~ ~ City Clerk MFP:ew June 21 correspondence human services committee letters CITY OF ROANOKE OFFICE OF CITY CLERK MARY F. PARKER, CMC City Clerk 215 Church A venue, S. W., Room 456 Roanoke, Virginia 240 I] -] 536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk June 29, 2004 Conflict Resolution Center P. O. Box 1185 Roanoke, Virginia 24006 Attention: Executive Director Ladies and Gentlemen: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 21, 2004, City Council approved the recommendations of the Human Services Committee for funding of certain agencies for fiscal year 2004-05. Funding in the amount of $5,500.00 was approved for the Conflict Resolution Center for the fiscal year commencing July 1, 2004 and ending June 30, 2005. The City of Roanoke values the many contributions of the Conflict Resolution Center which are rendered on behalf of the citizens of Roanoke. It is hoped that the City's investment will playa significant role in your ongoing progress and development. :::::'Y~ J. L Mary F. Parker, CMC City Clerk MFP:ew June 21 correspondence human services committee letters .-<<'R3Y.1 ."J~-"-tt~, ~~~7'" , ". ~ , ...- :." s:- - . 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: c1erk@ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk MARY F. PARKER, CMC City Clerk June 29, 2004 Roanoke Adolescent Health Partnership 1633 Salem Avenue, S. W. Roanoke, Virginia 24027-2712 Attention: Executive Director Ladies and Gentlemen: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 21, 2004, City Council approved the recommendations of the Human Services Committee for funding of certain agencies for fiscal year 2004-05. Funding in the amount of $20,000.00 was approved for the Roanoke Adolescent Health Partnership for the fiscal year commencing July 1, 2004 and ending June 30, 2005. The City of Roanoke values the many contributions of the Roanoke Adolescent Health Partnership which are rendered on behalf of the citizens of Roanoke. It is hoped that the City's investment will playa significant role in your ongoing progress and development. ~Y~JL Mary F. Parker, CMC City Clerk MFP:ew June 21 correspondence human services committee letters ....@J..~.c;;. ~~~.. ,C v.- '" .."" .' 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: c1erk@cLroanoke.va.us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk MARY F. PARKER, CMC City Clerk June 29, 2004 Court Appointed Special Advocate P. O. Box 35 Roanoke, Virginia 24002-0035 Attention: Executive Director Ladies and Gentlemen: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 21, 2004, City Council approved the recommendations of the Human Services Committee for funding of certain agencies for fiscal year 2004-05. Funding in the amount of $3,000.00 was approved for the Court Appointed Special Advocate for the fiscal year commencing July 1, 2004 and ending June 30, 2005. The City of Roanoke values the many contributions of the Court Appointed Special Advocate which are rendered on behalf of the citizens of Roanoke. It is hoped that the City's investment will playa significant role in your ongoing progress and development. A':" j L Mary F. Parker, CMC City Clerk MFP:ew June 21 correspondence human services committee letters CITY OF ROANOKE OFFICE OF CITY CLERK MARY F. PARKER, CMC City Clerk . 215 Church A venue, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@cLroanoke.va.us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk June 29, 2004 Greenvale School, Inc. 627 Westwood Boulevard, N. W. Roanoke, Virginia 24017 Attention: Executive Director Ladies and Gentlemen: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 21, 2004, City Council approved the recommendations of the Human Services Committee for funding of certain agencies for fiscal year 2004-05. Funding in the amount of $11,000.00 was approved for the Greenvale School, Inc., for the fiscal year commencing July 1, 2004 and ending June 30, 2005. The City of Roanoke values the many contributions of the Greenvale School, Inc., which are rendered on behalf of the citizens of Roanoke. It is hoped that the City's investment will playa significant role in your ongoing progress and development. A':' ;. ~ Mary F. Parker, CMC City Clerk MFP:ew June 21 correspondence human services committee letters II 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: c1erk@cLroanoke.va.us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk MARY F. PARKER, CMC City Clerk June 29, 2004 Blue Ridge Independent Living Center 1502 Williamson Road, N. E. Roanoke, Virginia 24012-5125 Attention: Executive Director Ladies and Gentlemen: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 21, 2004, City Council approved the recommendations of the Human Services Committee for funding of certain agencies for fiscal year 2004-05. Funding in the amount of $8,803.00 was approved for the Blue Ridge Independent Living Center for the fiscal year commencing July 1, 2004 and ending June 30, 2005. The City of Roanoke values the many contributions of the Blue Ridge Independent Living Center which are rendered on behalf of the citizens of Roanoke. It is hoped that the City's investment will playa significant role in your ongoing progress and development. S";;Y~ 1 P ~ Mary F. Parker, CMC City Clerk MFP:ew June 21 correspondence human services committee letters II. "iN .. .,.. ., " 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: c1erk@ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk MARY F. PARKER, CMC City Clerk June 29, 2004 Mental Health Association of Roanoke Valley 10 E. Church Avenue, Suite 300 Roanoke, Virginia 24011 Attention: Executive Director Ladies and Gentlemen: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 21, 2004, City Council approved the recommendations of the Human Services Committee for funding of certain agencies for fiscal year 2004-05. Funding in the amount of $2,500.00 was approved for Mental Health Association of Roanoke Valley - Mental Health Collaberative for the fiscal year commencing July 1, 2004 and ending June 30, 2005. The City of Roanoke values the many contributions of Mental Health Association of Roanoke Valley which are rendered on behalf of the citizens of Roanoke. It is hoped that the City's investment will playa significant role in your ongoing progress and development. Sincerely, -J.P~ ~~ Mary F. Parker, CMC City Clerk MFP:ew June 21 correspondence human services committee letters 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@cLroanoke.va.us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk MARY F. PARKER, CMC City Clerk June 29, 2004 Southwest Virginia Second Harvest Food Bank 1111 Shenandoah Avenue, N. W. Roanoke, Virginia 24017 Attention: Executive Director Ladies and Gentlemen: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 21, 2004, City Council approved the recommendations of the Human Services Committee for funding of certain agencies for fiscal year 2004-05. Funding in the amount of $15,000.00 was approved for the Southwest Virginia Second Harvest Food Bank for the fiscal year commencing July 1, 2004 and ending June 30, 2005. The City of Roanoke values the many contributions of the Southwest Virginia Second Harvest Food Bank which are rendered on behalf of the citizens of Roanoke. It is hoped that the City's investment will playa significant role in your ongoing progress and development. n"~ j L Mary F. Parker, CMC City Clerk MFP:ew June 21 correspondence human services committee letters @J~ II CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church A venue, 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 MARY F. PARKER, CMC City Clerk June 29, 2004 Planned Parenthood of the Blue Ridge 2207 Peters Creek Road, N. W. Roanoke, Virginia 24017 Attention: Executive Director Ladies and Gentlemen: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 21, 2004, City Council approved the recommendations of the Human Services Committee for funding of certain agencies for fiscal year 2004-05. Funding in the amount of $5,000.00 was approved for Planned Parenthood of the Blue Ridge for the fiscal year commencing July 1, 2004 and ending June 30, 2005. The City of Roanoke values the many contributions of Planned Parenthood of the Blue Ridge which are rendered on behalf of the citizens of Roanoke. It is hoped that the City's investment will playa significant role in your ongoing progress and development. n"~ ; ~ Mary F. Parker, CMC City Clerk MFP:ew June 21 correspondence human services committee letters II..~~ , . ~ 'I. ._ CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church A venue, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@cLroanoke.va.us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk MARY F. PARKER, CMC City Clerk June 29, 2004 St. John's Community Youth Program, Inc. 1 Mountain Avenue, S. W. Roanoke, Virginia 24016 Attention: Executive Director Ladies and Gentlemen: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 21, 2004, City Council approved the recommendations of the Human Services Committee for funding of certain agencies for fiscal year 2004-05. Funding in the amount of $5,000.00 was approved for St. John's Community Youth Program, Inc., for the fiscal year commencing July 1, 2004 and ending June 30, 2005. The City of Roanoke values the many contributions of the St. John's Community Youth Program, Inc., which are rendered on behalf of the citizens of Roanoke. It is hoped that the City's investment will playa significant role in your ongoing progress and development. SA'"" j L Mary F. Parker, CMC City Clerk MFP:ew June 21 correspondence human services committee letters II~~ f' . '.. '""'" 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@cLroanoke.va.us STEPHANIE M. MOON Deputy City Cleric SHEILA N. HARTMAN Assistant City Clerk MARY F. PARKER, CMC City Clerk June 29, 2004 Girl Scouts of Virginia Skyline Council 3663 Peters Creek Road, N. W. Roanoke, Virginia 24019 Attention: Executive Director Ladies and Gentlemen: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 21, 2004, City Council approved the recommendations of the Human Services Committee for funding of certain agencies for fiscal year 2004-05. Funding in the amount of $4,000.00 was approved for Girl Scouts of Virginia Skyline Council for the fiscal year commencing July 1, 2004 and ending June 30, 2005. The City of Roanoke values the many contributions of Girl Scouts of Virginia Skyline Council which are rendered on behalf of the citizens of Roanoke. It is hoped that the City's investment will playa significant role in your ongoing progress and development. ~":' -J ~ Mary F. Parker, CMC City Clerk MFP:ew June 21 correspondence human services committee letters II.~;~' , w- .. . :h,-~ CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church A venue, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk MARY F. PARKER, CMC City Clerk June 29, 2004 Presbyterian Community Center 1228Jamison Avenue, S. E. Roanoke, Virginia 24013 Attention: Director Ladies and Gentlemen: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 21, 2004, City Council approved the recommendations of the Human Services Committee for funding of certain agencies for fiscal year 2004-05. Funding in the amount of $2,500.00 was approved for the Presbyterian Community Center, Pathways Program for the fiscal year commencing July 1, 2004 and ending June 30, 2005. The City of Roanoke values the many contributions of the Presbyterian Community Center which are rendered on behalf of the citizens of Roanoke. It is hoped that the City's investment will playa significant role in your ongoing progress and development. Sincerely, ~ I\~.J ~ Mary F. Parker, CMC City Clerk MFP:ew June 21 correspondence human services committee letters II~..~>? ". ~ 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.vaus STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk MARY F. PARKER, CMC City Clerk June 29, 2004 Children's Advocacy Center 541 Luck Avenue, S. W., Suite 308 Roanoke, Virginia 24016 Attention: Executive Director Ladies and Gentlemen: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 21, 2004, City Council approved the recommendations of the Human Services Committee for funding of certain agencies for fiscal year 2004-05. Funding in the amount of $7,500.00 was approved for the Children's Advocacy Center - Family Support for the fiscal year commencing July 1, 2004 and ending June 30, 2005. The City of Roanoke values the many contributions of the Children's Advocacy Center which are rendered on behalf of the citizens of Roanoke. It is hoped that the City's investment will playa significant role in your ongoing progress and development. Sincerely, 17 A~ .J.(/~ Mary F. Parker, CMC City Clerk MFP:ew June 21 correspondence human services committee letters II'''''' '....tI1...~~. "i:. -, ..y.. I ..: CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-254\ Fax: (540) 853-1\45 E-mail: c1erk@cLroanoke.vaus STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk MARY F. PARKER, CMC City Clerk June 29, 2004 Brain Injury Services of Southwest Virginia 2036-A Colonial Avenue, S. W. Roanoke, Virginia 24015 Attention: Executive Director Ladies and Gentlemen: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 21, 2004, City Council approved the recommendations of the Human Services Committee for funding of certain agencies for fiscal year 2004-05. Funding in the amount of $7,500.00 was approved for Brain Injury Services of Southwest Virginia for the fiscal year commencing July 1, 2004 and ending June 30, 2005. The City of Roanoke values the many contributions of Brain Injury Services of Southwest Virginia which are rendered on behalf of the citizens of Roanoke. It is hoped that the City's investment will playa significant role in your ongoing progress and development. ;:::'~ J. P ~ Mary F. Parker, CMC City Clerk MFP:ew June 21 correspondence human services committee letters IJ~~,- ~ . , , -:"' 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@cLroanoke.va.us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk MARY F. PARKER, CMC City Clerk June 29, 2004 Apple Ridge Farm 541 Luck Avenue, S. W., Suite #304 Roanoke, Virginia 24016 Attention: Executive Director Ladies and Gentlemen: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 21, 2004, City Council approved the recommendations of the Human Services Committee for funding of certain agencies for fiscal year 2004-05. Funding in the amount of $10,000.00 was approved for Apple Ridge Farm for the fiscal year commencing July 1, 2004 and ending June 30, 2005. The City of Roanoke values the many contributions of Apple Ridge Farm which are rendered on behalf of the citizens of Roanoke. It is hoped that the City's investment will play a significant role in your ongoing progress and development. sr::Y~ I ~ Mary F. Parker, CMC City Clerk MFP:ew June 21 correspondence human services committee letters 1I.,.,~~.'.O'k '.,. .., io;i- , . ' .. \..Jj" 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 MARY F. PARKER, CMC City Clerk June 29, 2004 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Family Services of Roanoke Valley 360 Campbell Avenue, S. W. Roanoke, Virginia 24016 Attention: Executive Director Ladies and Gentlemen: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 21, 2004, City Council approved the recommendations of the Human Services Committee for funding of certain agencies for fiscal year 2004-05. Funding was approved for Family Services of Roanoke Valley for the fiscal year commencing July 1, 2004 and ending June 30, 2005, for the following programs: Action Program Home Care Aide Family and Individual Counseling Adults Plus $15,000.00 $15,009.00 $10,000.00 $14,500.00 The City of Roanoke values the many contributions of Family Services of Roanoke Valley which are rendered on behalf of the citizens of Roanoke. It is hoped that the City's investment will playa significant role in your ongoing progress and development. S~y~ J. L Mary F. Parker, CMC City Clerk MFP:ew June 21 correspondence human services committee letters .~:~..O'C 'f,' .. CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church A venue, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk MARY F. PARKER, CMC City Clerk SHEILA N. HARTMAN Assistant City Clerk June 29, 2004 Blue Ridge Legal Services, Inc. 420 Campbell Avenue, S. W. Roanoke, Virginia 24011 Attention: Executive Director Ladies and Gentlemen: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 21, 2004, City Council approved the recommendations of the Human Services Committee for funding of certain agencies for fiscal year 2004-05. Funding in the amount of $6,000.00 was approved for Blue Ridge Legal Services, Inc., for the fiscal year commencing July 1, 2004 and ending June 30, 2005. The City of Roanoke values the many contributions of Blue Ridge Legal Services, Inc., which are rendered on behalf of the citizens of Roanoke. It is hoped that the City's investment will playa significant role in your ongoing progress and development. SA~l~ Mary F. Parker, CMC City Clerk MFP:ew June 21 correspondence human services committee letters 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 MARY F. PARKER, CMC City Clerk June 29, 2004 Downtown Music Lab 110-B Kirk Avenue, S. W. Roanoke, Virginia 24011 Attention: Executive Director Ladies and Gentlemen: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 21, 2004, City Council approved the recommendations of the Human Services Committee for funding of certain agencies for fiscal year 2004-05. Funding in the amount of $4,000.00 was approved for the Downtown Music Lab-Partners in Music for the fiscal year commencing July 1, 2004 and ending June 30, 2005. The City of Roanoke values the many contributions of the Downtown Music Lab which are rendered on behalf of the citizens of Roanoke. It is hoped that the City's investment will playa significant role in your ongoing progress and development. !f;Y~ I ~ Mary F. Parker, CMC City Clerk MFP:ew June 21 correspondence human services committee letters .... .-' ~ <,,, .. 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: c1erk@ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk MARY F. PARKER, CMC City Clerk July 22, 2003 Big Brothers/Big Sisters of Roanoke Valley, Inc. 124 Wells Avenue, N. W. Roanoke, Virginia 24016 Attention: Executive Director Ladies and Gentlemen: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 21, 2004, City Council approved the recommendations of the Human Services Committee for funding of certain agencies for fiscal year 2004-05. Funding in the amount of $3,000.00 was approved for Big Brothers/Big Sisters of Roanoke Valley, Inc. - Community Based Mentoring Program for the fiscal year commencing July 1, 2004 and ending June 30, 2005. The City of Roanoke values the many contributions of Big Brothers/Big Sisters of Roanoke Valley, Inc., which are rendered on behalf of the citizens of Roanoke. It is hoped that the City's investment will playa significant role in your ongoing progress and development. SAY~-/ ~ Mary F. Parker, CMC City Clerk MFP:ew June 21 correspondence human services committee letters 1I.~'~."0.", .~. . . ",. ~ :, ." 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: c1erk@cLroanoke.va.us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk MARY F. PARKER, CMC City Clerk June 29, 2004 Roanoke Valley Interfaith Hospitality Network 1970 Roanoke Boulevard Salem, Virginia 24153 Attention: Executive Director Ladies and Gentlemen: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 21, 2004, City Council approved the recommendations of the Human Services Committee for funding of certain agencies for fiscal year 2004-05. Funding in the amount of $8,000.00 was approved for the Roanoke Valley Interfaith Hospitality Network - Case Management Program for the fiscal year commencing July 1, 2004 and ending June 30, 2005. The City of Roanoke values the many contributions of the Roanoke Valley Interfaith Hospitality Network which are rendered on behalf of the citizens of Roanoke. It is hoped that the City's investment will playa significant role in your ongoing progress and development. A'~J. ~ Mary F. Parker, CMC City Clerk MFP:ew June 21 correspondence human services committee letters II.~'~ " ., . VJ(!! . CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 240 Il-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@cLroanoke.va.us MARY F. PARKER, CMC City Clerk June 29, 2004 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk The Salvation Army 724 Dale Avenue, S. E. Roanoke, Virginia 24008 Attention: Executive Director Ladies and Gentlemen: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 21, 2004, City Council approved the recommendations of the Human Services Committee for funding of certain agencies for fiscal year 2004-05. Funding was approved for The Salvation Army for the fiscal year commencing July 1, 2004 and ending June 30, 2005, for the following programs: Turning Point Emergency Shelter and Transitional Housing for Men $14,000.00 $14,000.00 The City of Roanoke values the many contributions of The Salvation Army which are rendered on behalf of the citizens of Roanoke. It is hoped that the City's investment will play a significant role in your ongoing progress and development. Sincerely, J. P aJ.A- ~~ Mary F. Parker, CMC City Clerk MFP:ew June 21 correspondence human services committee letters 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: c1erk@ci.roanoke.va.us MARY F. PARKER, CMC City Clerk June 29, 2004 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Child Health Investment Partnership of Roanoke Valley 1201 3rd Street, S. W. Roanoke, Virginia 24016 Attention: Executive Director Ladies and Gentlemen: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 21, 2004, City Council approved the recommendations of the Human Services Committee for funding of certain agencies for fiscal year 2004-05. Funding was approved for the Child Health Investment Partnership of Roanoke Valley for the fiscal year commencing July 1, 2004 and ending June 30, 2005, for the following: Helpful Opportunities for Parents to Excel (HOPE) Family Strengthening Program Care Coordination Program $ 5,000.00 $25,000.00 $30,000.00 The City of Roanoke values the many contributions of the Child Health Investment Partnership of Roanoke Valley which are rendered on behalf of the citizens of Roanoke. It is hoped that the City's investment will playa significant role in your ongoing progress and development. S~y~ ! ~ Mary F. Parker, CMC City Clerk MFP:ew June 21 correspondence human services committee letters (~ ~ 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: c1erk@cLroanoke.va.us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk MARY F. PARKER, CMC City Clerk June 29, 2004 YMCA of Roanoke Valley, Inc. 425 Church Avenue, S. W. Roanoke, Virginia 24016 Attention: Executive Director Ladies and Gentlemen: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 21, 2004, City Council approved the recommendations of the Human Services Committee for funding of certain agencies for fiscal year 2004-05. Funding was approved for the YMCA of Roanoke Valley, Inc., for the fiscal year commencing July 1, 2004 and ending June 30, 2005, for the following: Magic Place Child Care Program Homework Success and Drop-In Summer Outreach $ 9,000.00 $10 ,000.00 The City of Roanoke values the many contributions of the YMCA of Roanoke Valley, Inc., which are rendered on behalf of the citizens of Roanoke. It is hoped that the City's investment will playa significant role in your ongoing progress and development. Sincerely, /J r\, ~ -j, y ().J.-t. Mary F. Parker, CMC City Clerk MFP:ew June 21 correspondence human services committee letters CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011- I 536 Telephone: (540) 853.2541 Fax: (540) 853-1145 E-mail: c1erk@ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk MARY F. PARKER, CMC City Clerk June 29, 2004 YWCA of Roanoke Valley, Inc. 604 First Street, S. W. Roanoke, Virginia 24003 Attention: Executive Director Ladies and Gentlemen: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 21, 2004, City Council approved the recommendations of the Human Services Committee for funding of certain agencies for fiscal year 2004-05. Funding was approved for the YWCA of Roanoke Valley, Inc., for the fiscal year commencing July 1, 2004 and ending June 30, 2005, for the following: Therapeutic Aquatics School Age Child Care Youth Club Resident Program $ 8,000.00 $ 7,000.00 $10,000.00 $ 5,000.00 The City of Roanoke values the many contributions of the YWCA of Roanoke Valley, Inc., which are rendered on behalf of the citizens of Roanoke. It is hoped that the City's investment will playa significant role in your ongoing progress and development. ~y.~ 11L..- Mary F. Parker, CMC City Clerk MFP:ew June 21 correspondence human services committee letters II.~~. '" . .,....;; ." . a '" CITY OF ROANOKE OFFICE OF CITY CLERK MARY F. PARKER, CMC City Clerk 215 Church A venue, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk June 29, 2004 Council of Community Services P. O. Box 598 Roanoke, Virginia 24004 Attention: Executive Director Ladies and Gentlemen: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 21, 2004, City Council approved the recommendations of the Human Services Committee for funding of certain agencies for fiscal year 2004-05. Funding in the amount of $11,000.00 was approved for the Council of Community Services - Monitoring Services, for the fiscal year commencing July 1, 2004 and ending June 30, 2005. The City of Roanoke values the many contributions of the Council of Community Services which are rendered on behalf of the citizens of Roanoke. A":..,; ~ Mary F. Parker, CMC City Clerk MFP:ew June 21 correspondence human services committee letters 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 June 21, 2004 Honorable Ralph K. Smith, Mayor Honorable C. Nelson Harris, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of Council: Subject: Recommendations of Human Services Committee for Funding of Qualified Agencies for Fiscal Year 2004-2005 Background: The Human Services Committee budget in the amount of $550,962 was established by City Council with the adoption of the General Fund budget for fiscal year 2004-05 on May 13, 2004. Requests from 37 agencies totaling $856,926 were received as indicated on Attachment 1. Committee members studied each application prior to an allocation meeting held on April 1, 2004. Agencies were notified of tentative allocations and advised they could appeal these recommendations. Appeals of Committee recommendations, as provided by policy, were received after notification to each agency of its tentative recommended allocation. Appeals were filed and heard April 27, 2004 from the following agencies: Brain Injury Services of Southwest Virginia, Conflict Resolution Center, and Blue Ridge Independent Living Center. After hearing the appeals Brain Injury Services was increased $2,500 to $7,500; Conflict Resolution Center was increased $2,500 to $5,500; and Blue Ridge Independent Living Center was allocated $8,803. Honorable Mayor and Members of City Council June 21, 2004 Page 2 Performance audits will be conducted by the Council of Community Services to evaluate the effectiveness and effiCiency of all funded programs. The City Manager will execute any required contracts. Attachment 2 indicates funding received from other jurisdictions. Recommended Action(s): Transfer $550,962 from the Human Services Committee account #001-630- 5220-3700 to new line items to be established with the Human Services Committee budget by the Director of Finance as cited on Attachment 1. Respectfully submitted, ~~ Darlene L. Bur, City Manager DLB:tem Attachments c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sherman M. Stovall, Acting Director of Management and Budget Jane R. Conlin Director of Human/Social Services Rolanda B. Russell, Assistant City Manager for Community Development #CM04-00103 Human Services Committee Funding Allocation Requests 2004/05 Attachment 1 Received 2003/04 Requested Recomm. 2004/05 2004/05 1. Roanoke Area Ministries - Emerg. Financial Assistance 30.000 30.000 30.000 2. Children's Advocacy Center. Family Support 5,000 25,000 7.500 3. Greenvale School 10.000 12.000 11.000 4. Southwestern VA Second Harvest Food Bank - Gen. Food Dist. 15,000 30,000 15.000 5. Unified Human Services Transportation (RADAR) -STAR 20,000 24,000 22,000 6. Planned Parenthood of the Blue Ridge - Education Program 5,000 8,000 5000 7. Girl Scouts of Virginia Skyline Council - Outreach Program 5,000 7,500 4,000 8. Roanoke Valley Chapter American Red Cross - Disaster Services -0- 25 000 -0- 9. St. John's Community Youth Program 5,000 25,000 5,000 10. Bethany Hall - Residential Substance Abuse Treatment 10,000 30,000 10,000 11. Mental Health Association - Mental Health Care Collaborative 2,300 2,500 2,500 12. Northwest Child Development Center 20,000 22,000 20,000 13. West End Center for Youth: 40,000 A. Educational Services 21,000 20,000 B. After School Program 21,000 20 000 14. Conflict Resolution Center - Mediation & Parent Education 6,000 15,000 5,500 15. Roanoke Interfaith Hospitality Network - Case Management Program 5,000 8,333 8.000 16. Blue Ridge Legal Services - Legal Assistance to Low Income Persons 3,000 14,793 6.000 17. Bradley Free Clinic 30,000 30,000 30.000 18. Apple Ridge Farm - Summer Academic Camp & Reading Adventure 7,795 16,635 10.000 19. Downtown Music Lab - Partners in Music 4,000 9,000 4.000 20. Roanoke Adolescent Health Partnership 10,000 25,000 20 000 21. League of Older Americans - Home Delivered Meals 29,000 30,000 29,000 22. Roanoke Valley Speech & Hearing Center - Speech Pathology 3,500 3500 3500 23. Blue Ridge Independent Living - Independent Living Services for Roanoke Citizens with Disabilities 10000 30 000 8803 24. TRUST - Emergency Shelter & Transitional Housing 8,000 10,000 10000 25. Presbyterian Community Center - Pathways Program -0- 2.500 2,500 26. Brain Injury Services of SW Virginia - Comprehensive Service Coordination Program 10,000 35,000 7500 27. YMCA Of Roanoke Valley: A. Magic Place Child Care Program 9,000 9,500 9,000 B. Homework Success & Drop In Summer Outreach 10,000 22,615 10.000 28. Salvation Army: A. Turning Point 14,000 14,700 14,000 B. Emergency Shelter & Transitional Housing for Men 14,000 14700 14000 29. Council of Community Services - Information & Referral 13,000 13,650 13,650 30. Child Health Investment Partnership: A. Care Coordination Program 22,000 30,000 30,000 B. Family Strengthening Program 25,000 30,000 25,000 C. Helpful Opportunities for Parents to Excel 5,000 10000 5000 31. YWCA of Roanoke Valley: A. Therapeutic Aquatics 5,000 15,000 8,000 B. Resident Program -0- 20,000 5,000 C. School Age Childcare 5,000 15,000 7,000 D. Youth Club 5,000 20,000 10,000 32. Family Service of Roanoke Valley: A. Home Care Aide B. Family & Individual Counseling C. Adults Plus D. ACTION Pro ram 33. Roanoke Valley CASA 34. Big Brothers - Big Sisters: A. Site Based Mentoring B. Community Based Mentorlng 35. Adult Care Center - Adult Day Care 36. Inner City Athletic Association 37. Council of Community Services - Monitoring Services 15,000 10,000 14,500 3,000 5000 N/A 3000 7,000 4,000 TOTAL 16,000 11,000 15,000 20,000 25 000 10,000 10000 12000 10000 861,926 15,009 10,000 14,500 15,000 3000 C) z C Z ::l II.. >- (,) z w C) <( w (,) ~ w I/) z <( ::E ::l J: ...J <( Z o c:5 w 0::: 10 " ..,. o o N 0 0 M .... 0 0 0 M 0 M 0 lD 0 0 0 0 0 0 0 "C 0 0 M '" 0 0 0 M 0 M 0 0 0 0 0 0 0 0 0 GI O. 0 M, '" .... It) 0 ClO 0 ClO O. ... 0 It) O. N 0 0 0 U "C ... ~ ... ..; M ... ~ ... N M r-: ... ~ N M 0 It)C ... ... ... ~ Cj>GI .E 0 oE C III 00 0 N I,) 0::: &! "C 0 0 0 0 0 .... 0 0 0 '" 0 :5 0 0 0 E GI It) 0 It) 0 0 It) ~, 0 0 It) 0 0 0 0 "C ..... It) ....- 0 0 M 0 It) .... 0 N It) 0 M GI <&i M a.' ~ N N ai N M M ..; iij It)C ... ... ... 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'0 Q) ~ ~ .;1 '0 c: '0 ~ .s:::; 0 ~ '0 8 "c: ~ c: '0 ~ ex: '0 0 Q) ~ e III ~ '0 Q) .s:::; w U .><: ex: .><: Q) ex: I- .5 J: U U 0 c: 0 .l!! 0 0 ~ 0 (/) t3 ~ '0 <( 0 '0 c: :!2 Q) Q) c: (/) c: 0 Cll .s:::; - i;:: c: '6 ~ c: c: c: .0 c: c: :!2 u 'E c: !Xl - ~ c: "'" c: ...., .s:::; Vl Q) ~ Q) ::l Vl "5 Cll :c ~ ~ -c: & Q) c: t:: Q) c: & ~ Cll Cll Cll ~ .~ ~ ~ Cll .!2' Q) ~ &. '2 Cll (9 -' Q) 0 ~ 0 ~ &. Q) &. ~ 0:: :2: ro 8 :c Cll &. ~ c: 0 U <.!) ::l a. (/) !Xl :2: z U !Xl !Xl <( Cl ...J !Xl I- a. !Xl >- (/) u U. !Xl c: U N - r::: GI E .c IJ CIS ~ CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk June 24, 2004 File #5-60-236 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36726-062104 authorizing acceptance of the Law Enforcement Terrorism Prevention Program Grant made to the City of Roanoke by the U. S. Department of Homeland Security through the Virginia Department of Emergency Management, in the amount of $224,856.00, and authorizing execution and filing by the City Manager of any documents required by said grant. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 21, 2004, and is in full force and effect upon its passage. A'~ j. ~ Mary F. Parker, CMC City Clerk MFP:ew Attachment Darlene L. Burcham June 24, 2004 Page 2 pc: The Honorable George M. McMillan, City Sheriff Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Rolanda B. Russell, Assistant City Manager for Community Development Sherman M. Stovall, Director, Office of Management and Budget A. L. Gaskins, Chief of Police o1}5 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of June, 2004. No. 36726-062104. A RESOLUTION authorizing the acceptance of the Law Enforcement Terrorism Prevention Program Grant made to the City of Roanoke by the U. S. Department of Homeland Security through the Virginia Department of Emergency Management and authorizing the execution and filing by the City Manager of any documents required by the grant. BE IT RESOLVED by the Council of the City of Roanoke as follows: I. The City of Roanoke hereby accepts the offer made by the Virginia Department of Emergency Management of the Law Enforcement Terrorism Prevention Program Grant in the amount of $224,856. 2. The City Manager or the Assistant City Manager for Operations is hereby authorized to accept, execute, deliver and file on behalf of the City any documents required by the Virginia Department of Emergency Management to accept the Law Enforcement Terrorism Prevention Program Grant. 3. The City Manager or the Assistant City Manager for Operations 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 the foregoing grant or with such project. Ar{'4 J jJ~ City Clerk H:\Measures\Law Enforcement Terrorism Grant.doc CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk June 24, 2004 File #5-60-236 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 36725-062104 appropriating $224,856.00 for the Law Enforcement Terrorism Prevention Program, and amending and reordaining certain sections of the 2003-2004 Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 21, 2004, and is in full force and effect upon its passage. Sr(Y'...., .f L Mary F. Parker, CMC City Clerk MFP:ew Attachment Jesse A. Hall June 24, 2004 Page 2 pc: Honorable George M. McMillan, City Sheriff Darlene L. Burcham, City Manager Rolanda B. Russell, Assistant City Manager for Community Development Sherman M. Stovall, Director, Office of Management and Budget A. L. Gaskins, Chief of Police ~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of June, 2004. No. 36725-062104. AN ORDINANCE appropriating funds for the Law Enforcement Terrorism Prevention Program, amending and reordaining 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 the following sections of the 2003-2004 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Expendable Equipment <$5,000 Furniture and Equipment >$5,000 Revenues Law Enforcement Terrorism Prevention Program Grant 035-640-3551-2035 035-640-3551-9005 149,856 75,000 035-640-3551-3553 224,856 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 June 21,2004 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: Law Enforcement Terrorism Prevention Program Grant Background: The Law Enforcement Terrorism Prevention Program Grant is funded by the U. S. Department of Homeland Security through the Virginia Department of Emergency Management and is available to assist state and local law enforcement agencies in prevention or responding to potential acts of terrorism. The Department of Criminal Justice Services (DQS) is the administering agency for the grant. The City of Roanoke has been awarded $224,856 in federal funds under this program. The funds were allocated on a formula basis to provide law enforcement agencies with necessary funds for planning, training, exercises, organizational activities and equipment to support projects and objectives identified in the City's 2003 State Homeland Security Assessment and Strategy Online Assessment Tool previously submitted to the Virginia Department of Emergency Management and the Office of Homeland Security. No local matching funds are required. Considerations: Funding is provided solely for law enforcement needs. While this program will be administered through the Roanoke Police Department, special Honorable Mayor and Members of City Council Law Enforcement Terrorism Prevention Program Grant Page 2 conditions and guidelines mandate that the City Sheriff's Office be provided an opportunity to have input into the funding and spending plan. Recommended Action: City Council accept the grant and authorize the City Manager to execute the attached Statement of Grant Award/Acceptance. Adopt a revenue estimate of $224,856 in an account to be established by the Director of Finance in the Grant Fund and appropriate the same amount of funding to expenditure accounts as follows: Account Obiect Code Amount Expendable Equipment Furniture & Equipment 2035 9005 $149,856 75,000 Respectfully submitted, Darlene L. Bur City Manager DLB:mds Attachment c: Honorable George M. McMillan, City Sheriff Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Rolanda B. Russell, ACM for Community Development A. L. Gaskins, Chief of Police CM04-0101 Department of Criminal Justice Services 805EastBroadStreet, 10" Floor, Richmond, VA 23219 Statement of Grant A wardl Acceptance Subgrantee: Roanoke City Date: May 27, 2004 Grant Period: From: OS/28/2004 Through: 11/27/2005 Grant Number: 05-A4526HS04 Project Director Project Administrator Finance Officer Chief A. L. Gaskins Ms. Darlene Burcham Ms. Ann Shawver Chief of Police City Manager Grant Acctnt City of Roanoke City City of Roanoke City City of Roanoke 309 Third Street, SW 215 Church A venue 215 Church A venue Roanoke, V A 240 II Roanoke, VA 240 II Roanoke, V A 240 II Phone: (540) 853-6357 Phone: (540) 853-2333 Phone: (540) 853-2970 EmaU: joe Jaskins@ci.roanoke.va.us EmaU: darlene _ burcham@ciroanoke.va.us EmaU: ann _ shawver@ci.roanoke.va.us Grant Award Budget DCJS Fnnds Budget Categories Locality Match TOTALS Federal General Personnel $0 $0 $0 $0 Consultant $0 $0 $0 $0 Travel $0 $0 $0 $0 Equipment $0 $0 $0 $0 Indirect Cost $0 $0 $0 $0 Supplies/Other $0 $0 $0 $0 Totals 5224,856 SO SO 5224,856 This grant is subject to all rules, regulations, and criteria included In the grant guidelines and the special conditions attached thereto. Leonard G. Cooke, Director In accepting this award, you are acknowledging that you have consulted with all local law enforcement agencies within your locality, including towns and incorporated towns, and they had an opportunity for comment and input for the funding plan for this application. The undersigned, having received the Statement of Grant Award/Acceptance and the Conditions attached thereto, does hereby accept this grant and agree to the conditions pertaining thereto. this day of .20 Signature: Title: STATEMENT OF GRANT A WARD SPECIAL CONDITIONS Department of Criminal Justice Services 805 East Broad Street Richmond, Virginia 23219 For the State Domestic Preparedness Equipment Support Program - Localities and State Agencies Subgrantee: Roanoke City Grant Number: 05-A4526HS04 Federal Catalog Number: 97.004 Title: Law Enforcement Terrorism Prevention Program Date: May 28, 2004 The following conditions are attached to and made a part of this grant award: 1. By signing the Statement of Grant Award/Acceptance, the grant recipient agrees: . To request and purchase only those items or needs listed in the 2003 State Homeland Security Assessment and Strategy Online Assessment Tool your locality submitted to the Virginia Department of Emergency Management and the Office of Domestic Preparedness. . To use the grant funds to carry out the activities described in the grant guidelines. 2. The subgrantee agrees to return the signed Statement of Grant Award/Acceptance to DCJS by June 26, 2004. 3. Due to tight timelines for grant awards and need for rapid connnunication, the subgranlee will provide DCJS a contact name and e-mail address for the person who is responsible for day-to-day reporting on this project. 4. The subgrantee agrees to submit such reports as requested by DCJS on fonns provided by DCJS on the due dates as outlined in the program guidelines and required by the Office of Homeland Security. All program fonns can be accessed through the DCJS website at htto://www.dcis.vir2inia.20v/cole/ 5. All grant funds must be obligated by April 30, 2005 and subgrantee agrees to provide DCJS with a detailed list of items obligated on the fonn provided. All unobligated funds must be returned to DCJS no later than May 15,2005. 6. Grant funds cannot be expended prior to the DCJS written approval. Subgrantee is to submit the Initial Strategy and Procurement Fonn no later than June 25, 2004. 7. Grant funds must be expended during the grant period. 8. The final date to request funds for approved purchases is October 31, 2005. 9. After all equipment has been purchased, subgrantee agrees to complete and submit the ODP 2003-11 Pay Account Sheet along with all paid invoices. This report is due no later than January 15,2006. 10. After all services, training and exercise costs have been purchased, the subgrantee agrees to complete and submit the Obligation fonn along with paid invoices. This report is due no later than January 15,2006. 11. By accepting this grant, the recipient assures that funds made available through it will not be used to replace state or local funds that would, in the absence of this grant, be made available for the same purposes. 12. Subgrantee may follow their own established travel rates if they have an established travel policy. If subgrantee does not have an established policy, then they must adhere to state travel policy. The state allows reimbursement for ~ reasonable expenses. The state allows .325 per mile for mileage. Transportation costs for air and rail must be at coach rates. 13. The subgrantee agrees to forward a copy to the DCJS of the scheduled audit of this grant award. 14. All subgrantees agree to send the person responsible for management of the grant and submission of the reports to the training scheduled for June 17,2004. See guidelines for details. IS. All purchases for goods and services must comply with the Virginia Public Procurement Act. Procurement transactions, whether negotiated or advertised and without regard to dollar value, shall be conducted in a manner so as to provide maximum open and free competition. An exemption to this regulation requires the prior approval of the DCJS and is only given in unusual circumstances. Any request for exemption must be submitted in writing to the DCJS. Pennission to make sole source procurements must be obtained from DCJS in advance. 16. All purchases should follow OSHA standards where required. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk June 24, 2004 File #60-236-240 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36728-062104 accepting the Urban and Community Forestry Grant from the Virginia Department of Forestry, in the amount of $13,500.00, and authorizing execution of the necessary documents in connection with the grant. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 21, 2004, and is in full force and effect upon its passage. A'Y~ l ~ ., Mary F. Parker, CMC City Clerk MFP:ew Attachment Darlene L. Burcham June 24, 2004 Page 2 pc: Jesse A. Hall, Director of Finance Steven B. Buschor, Director, Parks and Recreation Carolyn Glover, Human Resources Administrator Helen Smythers, Urban Forestry Planner Sherman M. Stovall, Director, Office of Management and Budget qs< \/1 ~\O~\ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of Jun3, 2004. No. 36728-062104. A RESOLUTION accepting the Urban and Community Forestry Grant from the Virginia Department of Forestry, and authorizing the execution of the necessary documents. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City hereby accepts the Urban and Community Forestry Grant from the Virginia Department of Forestry in the amount of$13,500.00. 2. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, all necessary and appropriate agreements with the Virginia Department of Forestry, or any other party, for the City's acceptance of this grant, upon form approved by the City Attorney, as more particularly set forth in the City Manager's letter dated June 21, 2004, to this Council. ATTEST: 7(J~ ~AA-q City Clerk. H:\RESOLUTIONS\R_GRANT_FORESTRY062104.DOC CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk June 24, 2004 File #60-236-240 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 36727-062104 appropriating $13,500.00 for the Urban and Community Forestry Grant, transferring $2,959.00 from Parks and Recreation temporary employee wages, and amending and reordaining certain sections of the 2004-2005 General and Grant Funds Appropriation. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 21, 2004, and is in full force and effect upon its passage. ;:;:'Y~ ;. (J ~ Mary F. Parker, CMC City Clerk MFP:ew Attachment Jesse A. Hall June 24, 2004 Page 2 pc: Darlene L. Burcham, City Manager Steven B. Buschor, Director, Parks and Recreation Carolyn Glover, Human Resources Administrator Helen Smythers, Urban Forestry Planner Sherman M. Stovall, Director, Office of Management and Budget .~') ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of June, 2004. No. 36727-062104. AN ORDINANCE appropriating funds for the Urban and Community Forestry Grant, amending and reordaining certain sections of the 2004-2005 General and Grant Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2004-2005 General and Grant Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Temporary Wages Transfer to Grant Fund Grant Fund Appropriations Regular Employee Salaries FICA Medical Insurance Dental Insurance Disability Insurance Revenues Urban and Community Forestry Grant FY05 Urban and Community Forestry Grant Local Match FY05 001-620-4340-1004 001-250-9310-9535 (2,959) 2,959 035-620-4345-1002 035-620-4345-1120 035-620-4345-1125 035-620-4345-1126 035-620-4345-1131 13,500 1,148 1,650 110 51 035-620-4345-4345 13,500 2,959 035-620-4345-4346 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ;.P~ ATTEST: r\~ 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 June 21,2004 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: Acceptance of Grant for Forest Fragment Study of Roanoke On May 28, 2004, the City was notified by the Virginia Department of Forestry that a $13,500 grant will be awarded to the City upon completion of a Memorandum of Agreement (Attachment 1). The grant will be used to fund a part-time Urban Forestry Planner to work with the City's Urban Forester on a Forest Fragment Study of Roanoke. This grant is from the same program that funded the part-time Urban Forestry Planner to prepare the Urban Forestry Plan in FY '03 and to begin implementation of the plan in FY'04. Subject: The $13,500 Urban and Community Forestry Grant is a federal grant, sponsored by the National Forest Service and administered by the Virginia Department of Forestry. Funds are awarded on a reimbursement basis after verification of the local match. The majority of the City's matching funds will consist of 700 hours of staff time ($16,023) provided by the Urban Forester. For the remainder of the match, the City will provide $2,959 to pay the City's share of FICA and the City's pro-rata share of long- term disability, hospitalization and dental insurances for part-time Urban Forestry Planner. The purpose of the Forest Fragment Study to be funded by this grant is to examine and protect/manage Roanoke's forest fragments, including old growth, and the areas which need to be reforested in order to connect the fragments. The project will: . Provide detailed information on forest fragments and areas that need to be reforested to connect fragments . Develop strategies to achieve needed protection and reforestation of priority areas Honorable Mayor and Members of Council June 21, 2004 Page 2 · Provide opportunities for private landowners and others to understand the importance of green infrastructure and the need to protect it · Involve many different segments of the community in this process (with special emphasis on reaching out to those not usually involved) The project will include cooperation with other departments, utilization of the City's GIS and other mapping capabilities, and technical assistance from nearby universities (including Dr. Margaret Bryant of Va. Tech). Recommended Action: Accept the Urban and Community Forestry Grant in the amount of $13,500 and authorize the City Manager and City Clerk to execute and attest respectively, an agreement with the Virginia Department of Forestry and any other forms necessary to accept such grant, approved as to form by the City Attorney. Appropriate $1 3,500 in federal funding and establish a corresponding revenue estimate in an account to be established by the Director of Finance in the Grant Fund. Transfer $2,959 from Parks and Recreation temporary employee wages account 001-620-4340-1004 to the aforementioned Grant Fund account. Expenditures to be appropriated are: Account Regular Employee Salary FICA Long-Term Disability Hospitalization Insurance Dental Insurance TOTAL Account # Amount 035-620-4345-1002 035-620-4345-1120 035-620-4345-11 31 035-620-4345-1125 035-620-4345-1126 $13,500.00 $ 1,148.00 $ 51.00 $ 1,650.00 i 11 0.00 16,459.00 Respectfully submitted, ~~, / /i_A_~J Darlene L. ;;C~;;;;: - City Managel DLB:HS:na Attachment c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Steven B. Buschor, Director of Parks and Recreation Carolyn Glover, Human Resources Administrator Helen Smythers, Urban Forestry Planner CM04-00102 U&CF ASSISTANCE GRANT PROGRAM MEMORANDUM OF AGREEMENT GRANT # 04UCF41 This agreement made this 21st day of June ,2004 by and between the Virginia Department of Forestry, herein referred to as "Party of the First Part", and City of Roanoke herein referred to as "Party of the Second Part". The parties of this agreement, in consideration of the mutual covenants and stipulations set out herein in order to promote, support and participate in the U&CF Assistance Grant Program, sponsored by the U. S. Forest Service (Catalog of Federal Domestic Assistance (CFDA) Number 10-664) agree as follows: (I) SCOPE OF SERVICES: The Party of the Second Part shall provide the service to the Party of the First Part set forth in its Urban & Community Forestry Assi8tance proposal. (2) TIME OF PERFORMANCE: The service of the Party of the Second Part shall commence on JUNE 15. 2004 and shall terminate on MAY 30.2005. All time limits stated are of the essence of this agreement. (3) COMPENSATION: The Party of the Second Part shall be paid by the Party of the First Part as set forth in ATIACHMENT A. Funds will be transferred to the Party of the Second Part upon receipt of quarterly billings. The Party of the Second Part shall spend the funds according to the specified categories of the contract budget. Minor shifts of the funds among categories not to exceed 10 percent may be permitted by the Party of the First Part. but in no case can the total expenditures exceed the amount provided by this contract. Shifts of funds among budget categories exceeding 10 percent must be approved in writing by the Party of The First Part. (4) ASSISTANCE: The Party of the First Part agrees upon request of the Party of the Second Part to furnish, or otherwise make available to the Party of the Second Part, copies of existing non-proprietary materials in the possession of the Party of the First Part that are reasonably related to the subject matter of this agreement and are necessary to the Party of the Second Part for completion of his performance under this agreement. (5) GENERAL PROVISIONS: Nothing in this agreement shall be construed as authority for either party to make commitments which will bind the other party beyond the Scope of Service contained herein. Furthermore. the Party of the Second Part shall not assign, sublet or subcontract any work related to this agreement or any interest it may have herein without the prior written consent of the Party of the First Part. This contract is subject to appropriations by the Virginia General Assembly. Page I (6) INTEGRATION AND MODIFICATION: This contract constitutes the entire agreement between the Party of the Second Part and the Party of the First Part. No alteration, amendment or modification in the provisions of this agreement shall be effective unless it is reduced to writing, signed by the parties and attached hereto. (7) TERMINATION: The Party of the First Part may terminate this agreement for its convenience upon 60 days written notice to the other party. The Party of the Second Part shall be paid for no service rendered or expense incurred after receipt of such notice except such fees and expenses incurred prior to the effective date of termination that are necessary for curtailment of its/his work under this agreement. In the event of breach by the Party of the Second Part of this agreement, the Party of the First Part shall have the right immediately to rescind, revoke or terminate the agreement. In the alternative the Party of the First Part may give written notice to the Party of the Second Part specifying the manner in which the Agreement has been breached. If a notice of breach is given and the Party of the Second Part has not substantially corrected the breach within the sixty (60) days of receipt of the written notice, the Party of the First Part shall have the right to terminate this Agreement. In the event of rescission, revocation or termination, all documents and other materials related to the perfonnance of this Agreement shall become the property of the Department of Forestry. (8) COLLATERAL CONTRACTS: Where there exists any inconsistency between this Agreement and other provisions of collateral contractual agreements which are made a part of this Agreement by reference or otherwise, the provisions of this Agreement shall control. (9) ANTI-DISCRIMINATION: During the performance of this contract, the Party of the Second Part agrees as follows; The Party of the Second Part will not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin, except where religion, sex, or national origin is a bona fide occupational qualification reasonable necessary to the normal operation of the Party of the Second Part. The Party of the Second Part agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. The Party of the Second Part, in all solicitations or advertisement for employees placed by or on behalf of the Party of the Second Part, will state that such Party of the Second Part is an equal opportunity employer. Notices, advertisements and solicitations in accordance with federal law, rules or regulations shall be deemed sufficient for the purpose of meeting the requirements of the Section. The Party of the Second Part will include the above provisions in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. (10) APPLICATIONS: Page 2 This agreement shall be governed in all respects, whether as to validity, construction, capacity, performance or otherwise, by the laws of the Commonwealth of Virginia. (11) SEVERABILITY: Each paragraph and provision of the Agreement is severable from the entire Agreement; and if any provision is declared invalid, the remaining provisions shall nevertheless remain in effect. (12) CONTINGENT FEE WARRANTY: The Party of the Second Part warrants that he/it has not employed or retained any person or persons for the purpose of soliciting or securing this Agreement. The Party of the Second Part further warrants that he/it has not paid or agreed to pay any company or person any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon the award or making of this Agreement. For breach of one or both of the foregoing warranties, the Agency shall have the right to terminate this agreement without liability, or, in its discretion or otherwise recover, the full amount of said prohibition fee, commission, percentage, brokerage fee, gift or contingent fee. (13) CONFLICT OF INTEREST: The Party of the Second Part warrants that he has fully complied with the Virginia Conflict of Interest Act. (14) FINANCIAL RECORDS AVAILABILITY: The Party of the Second Part agrees to retain all books, records and other documents relative to this Agreement for five (5) years after final payment, or until audited by the Commonwealth of Virginia, whichever is later. The Party of the First Part, its authorized agents and/or State auditors shall have full access to and the right to examine any of said materials during said period. Source documentation such as canceled checks (include copies of both front and back), paid bills, payrolls, time and attendance record (itemizing time spent on U&CF Assistance grant project), contracts, etc. will be submitted with the "Request for Funds." Invoices will be marked "PAID" and referenced as to how payment was made (i.e. check number). The Party of the Second Part agrees to comply with the following Federal cost and administrative regulations as applicable: Non-Profit OTl!anizatlons Cost Principles, OMB CIR A-In Admin. Regulations, OMB C1R A-lIO Audits, OMB ClR-A 133 State and Local Governments Universities Cost Principles, OMB CIR A-21 Admin. Regulations, OMB ClR A-II 0 Audits, OMB CIR A-133 Cost Principles, OMB CIR A-87 Admin, Regulations, OMB ClR A-102 (rev.) Audits, OMB ClRA-133 Page 3 (IS) OUARTERLYREPORTS: The Party of the Second Part agrees to provide the Party of the First Part performance reports on all activities identified in the proposals as they occur. The performance reports will contain a summary of progress and activities for each activity within the proposal; indicate any problems and solutions in meeting requirements, and provide financial funds expenditure information for reimbursement as appropriate. The schedule for submittal of the oeriodic oerformance reoorts shall be as follows: PERIOD COVERED SUBMITTAL DATE June 15,2004 - September 15,2004 September 15, 2004 - December 15, 2004 December 15, 2004 - March 15, 2005 March 15, 2005 - May 30, 2005 October 1,2004 January 1, 2005 April I, 2005 June 15, 2005 In witness whereof the parties have caused this agreement to be executed by the following duly authorized officials: PARTY OF THE SECOND PART PARTY OF THE FIRST PART TTTTTTTTTTTT TTTTTTTTTTTT TTTT11111111 11111111 TTTT This contract has been reviewed by the staff of the Party of the First Part. Its substantive terms are appropriate, and sufficient funds have been obligated for its performance. BY: BY: TITLE: City Manager TITLE: Urban and Commnnity Forestry Coordinator AGENCY: City of Roanoke, Virginia AGENCY: Virginia Department of Forestry DATE: June 21, 2004 DATE: Page 4 ATTACHMENT A PAYMENT PROCESS The funds awarded under the grant are available on a reimbursement basis after verification of match and in accordance with a payment schedule agreed to in advance. Grantees must file a request for payment and send records of expenditures along with documented costs to the Virginia Department of Forestry. The UCF Program Administrator will evaluate the progress of the project to determine eligibility for full funding. Grantees may request reimbursement as frequently as needed (within reason); or at least quarterly if there are qualifying expenditures. FEDERAL AND STATE REGULATIONS Grantees must comply with all Federal regulations pertaining to Federal grants. Grantees are referred to OMB Circulars A-I02 and A-I10 which are the uniform administration requirements. Grantees are also referred to Section 3015, 3016, and 3017 of the Code of Federal Regulations and to cost principles outlined in OMB Circulars A-21, A-87, and A-122. Copies of these documents maybe obtained from the Virginia Department of Forestry UCF Program Administrator upon request. Grantees must certify that they are not debarred from this grant program. Grantees should not conduct business with individuals or organizations debarred from Federal grant projects. Applicants must document project approval by the authorized representative of the local governing body, organization or institution applying for the grant. State and local government agencies must adhere to guidelines of the "Agency Procurement Manual" (January 1990) as required in Section 2.1-442 of the Code of Virginia. RECORD KEEPING REQUIREMENTS Records will be maintained according to all Federal regulations. The financial management system of the grantees shall meet the following standards: . Records shall comply with generally accepted accounting principles. . Records will document allowable costs. . Records will be supported by source documentation, such as canceled checks, paid bills, payrolls, time and attendance records, contracts, etc. Invoices must be marked paid and be referenced as to how payment was made (i.e., check number). Records will be maintained for three years following final payment Page 5 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk June 24, 2004 File #323 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 36729-062104 authorizing the proper City officials to enter into an agreement amending a cooperative agreement with the County of Roanoke, the City of Salem, and the County of Botetourt that established an integrated automated library system, upon certain terms and conditions, and providing for certain additional amendments to the Agreement, as more fully described in a letter from the City Manager to City Council dated June 21, 2004. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 21, 2004, and is in full force and effect upon its passage. S;~'Y~ .j p~ Mary F. Parker, CMC City Clerk MFP:ew Attachment Darlene L. Burcham June 24, 2004 Page 2 pc: Jesse A. Hall, Director of Finance Sherman M. Stovall, Director of Management and Budget Demetria R. Tucker, Acting Director, Roanoke City Library Diane S. Childers, Clerk, Roanoke County Board of Supervisors P. O. Box 29800, Roanoke, Virginia 24018-0798 Gerald A. Burgess, County Administrator, Botetourt County, 1 West Main Street, Box 1, Fincastle, Virginia 24090 James E. Taliaferro, III, Assistant City Manager, City of Salem, P. O. Box 869 Salem, Virginia 24153 !)/L IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36729-062104. AN ORDINANCE authorizing the proper City officials to enter into an agreement amending a cooperative agreement with the County of Roanoke, the City of Salem, and the County of Botetourt that established an integrated automated library system, upon certain terms and conditions; and dispensing with the second reading of this ordinance by title. WHEREAS, by cooperative agreement dated January 26, 1990 (the "Agreement"), a consortium comprised of the City of Roanoke, City of Salem, and County of Roanoke, and by subsequent amendment, the County of Botetourt, entered into an Agreement which established an integrated automated library system (the "System"); WHEREAS, each of the localities that are a party to the Agreement share in the costs of operating the System according to a formula used to apportion costs among consortium members; WHEREAS, the factors used in such formula to apportion costs among consortium members has become outdated; and WHEREAS, each of the consortium members desire to amend the Agreement by revising such formula to more accurately reflect factors that affect usage of the System, in addition to providing for certain additional amendments to the Agreement that relate to the composition and function of the consortium's Advisory Committee and Library Automation Cornmittee. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are authorized to execute and attest respectively, an agreement amending the Agreement among the County of Roanoke, the City of Salem, and the County of Botetourt that established an integrated automated library system, to provide an updated formula to apportion costs among the aforementioned localities that more accurately reflect factors that affect usage of the System, in addition to providing for certain additional amendments to the Agreement, as further stated in the City Manager's letter to City Council dated June 21, 2004. 2. Pursuant to the provisions of Section 12 ofthe City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: n A~ -1f~ 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 Fa" (540) 853-1138 CityWeb: www.roanokegov.com June 21, 2004 Honorable Ralph K. Smith, Mayor Honorable C. Nelson Harris, Vice Mayor Honorable William Bestpitch, Council Member Honorable M. Rupert Cutler, Council Member Honorable Alfred Dowe, Jr., Council Member Honorable Beverly Fitzpatrick, Council Member Honorable Linda M. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject:Regional Contract Governing The Roanoke Valley Consortium Background: The City of Roanoke, City of Salem, and County of Roanoke, currently share an automated library system under an agreement signed in January 26, 1990.This agreement gives the responsibility for operating, maintaining and administering this library system to the City of Roanoke. This consortium operates under the name Roanoke Valley Libraries (RVL). In May 8, 1995, (Amendment No.1), the City of Roanoke, City of Salem, County of Roanoke, and County of Botetourt amended the Contract to provide for Botetourt County to participate in the System and to allow allocation of the System's cost. In August 28, 1998, (Amendment No.2), the Automation Coordinator will be a library employee in the classified service of the County of Roanoke and City of Roanoke shall provide space, at no cost to the participating libraries, to house the Central Site Components of the System. Costs for operating the central, shared automated system are currently apportioned according to the 1990 contract. Member libraries paid a buy- Mayor Smith and Members of City Council June 21,2004 Page 2 in fee, plus a portion of any ongoing expenses, including new equipment, staff, telecommunication charges, etc. The currently-governing formula specifies that following factors and weighs: Annual circulation/50%; number of branches/30%; number of dumb terminals/1 0%; number of items in each system's collection/10%. With nearly fiheen years of operation and experience, the consortium proposes to remove the archaic measures and adjust weights to reflect factors that are known to actually or potentially affect system usage. The revised formula more accurately reflect factors that affect usage of the System. The proposed new- governing formula specifics the following factors and weighs: Annual circulation/30%; number of items/30%; population of each locality/20%; number of branches or outlets/1 0%; number of full-time equivalent staff/1 0%. The application of these changes would be applied for FY 05-06 and would not result in a substantial shih in costs to any locality. This small shih is estimated to increase the cost for the City of Roanoke by $5,287. All localities will have a small increase. Considerations: The total FY 2004 cost for the system is $143,346. The FY 2005-2006 costs for the system are expected to total $143,061 and are divided among the localities based on the new formula percentages: Citv of Roanoke 32% $45 587 Citv of Salem 11% $1 5 768 Countv of Roanoke 43% $61,638 County of 14% $20,068 Boteto u rt Total $143061 Mayor Smith and Members of City Council June 21, 2004 Page 3 Funding for the City of Roanoke's share is available in the Library Automation account (013-430-1601-3100) as approved by the Information Technology Committee (ITC) and adopted by City Council for FY 2005-06. Additional amendment: That the Library Automation Committee shall only serve in an advisory capacity. Recommended Action: City Council authorizes the City Manager to execute the attached amended agreement with the City of Salem and the Counties of Roanoke and Botetourt, approved as to form by the City Attorney. Respectfully submitted, ~~~~~ Darlene L. B~ham City Manager DLB:mcm c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sherman Stovall, Acting Director of Management and Budget CM04-0096 AMENDMENT NO. THREE THIS AMENDMENT NO. THREE, made and entered into this _ day of , 2004, between the CITY OF ROANOKE, a municipal corporation organized under the laws of the Commonwealth of Virginia; CITY OF SALEM, a municipal corporation organized under the laws of the Commonwealth of Virginia; COUNTY OF ROANOKE, a political subdivision of the Commonwealth of Virginia; and the COUNTY OF BOTETOURT, a political subdivision of the Commonwealth of Virginia, WIT N E SSE T H: WHEREAS, by Contract dated January 26, 1990 (the "Contract"), the City of Roanoke, City of Salem and County of Roanoke, and amendments dated May 8, 1995 and August 28, 1998, the County of Botetourt, entered into an agreement for the establishment of an Integrated Automated Library System (the "System") more particularly described in that Contract and to allow allocation of the System's cost between the aforementioned localities; WHEREAS, each of the localities that are a party to the Contract share in the costs of operating the System according to a formula used to apportion costs among the respective localities; WHEREAS, such formula used in the Contract to apportion costs for the operation of the System has become outdated; WHEREAS, each of the localities that are a party to the Contract desire to amend the Contract by revising the formula used for the apportionment of costs 1 for operation of the System among localities that more accurately reflect factors that affect usage of the System; WHEREAS, the Library Advisory Committee has approved and desires the above amendment, and certain additional amendments to the Contract as described herein. THEREFORE, IN CONSIDERATION of the above premises and other good and valuable consideration, the parties hereto mutually agree as follows: 1. Paragraph 3 of the Contract is amended to read as follows: 3. The membership of the Advisory Committee shall consist of the City of Roanoke, Assistant City Manager, the City of Salem Assistant City Manager, the County of Roanoke, Assistant County Administrator, the County of Botetourt, Deputy County Administrator, a representative from the Library Boards of the City of Roanoke and the Counties of Roanoke and Botetourt, the City of Roanoke Director of Libraries and Directors of the City of Salem Public Library, the County of Roanoke Public Library, and the County of Botetourt Public Library. In any and all matters requiring a vote by the members of the Advisory Committee, each participating library shall have one vote. 2. Paragraph 4 of the Contract is hereby amended to read as follows: 4. The membership of the Library Automation Committee shall consist of the City of Roanoke Director of Libraries, Director of the City of Salem Public Library, and Directors of the County of Roanoke Public Library and the County of Botetourt Public Library, the Data Processing Managers of the Cities of Roanoke and Salem and the County of Roanoke, the County of Botetourt, and the Automation Coordinator who shall be a library employee in the classified service of the County of Roanoke. The Library Automation Committee shall only serve in an advisory capacity. 3. Paragraph 12(b) of the Contract is amended as follows: (b) Percentages will be refigured annually by the Library Automation Coordinator. 4. Appendix A of the Contract is amended to read and provide as follows: Amended Aooendix A 2 Funding for the initial purchase and ongoing support of the Roanoke Area Public Libraries Automation Project will be in three (3) forms: (1) shared costs based on the use of the agreed upon percentages; (2) individual library costs based on use which will be reimbursed to the City of Roanoke as purchasing agent for the automated system; and (3) individual jurisdiction costs which are incurred and paid by each jurisdiction independently of this agreement. Shared Costs: 1. Purchase of central computer equipment and software 2. Preparation of computer host site 3. Conversion of patron ID machine readable file 4. Monthly hardware maintenance costs for central site 5. Monthly personnel costs for operation of system, including, but not limited to, an Automation Coordinator and system support staff 6. Telecommunications equipment at the Central Host Site 7. Monthly software maintenance costs 8. Supplies necessary for operation at the Central Host Site 9. All costs for equipment insurance, Le., theft, casualty, fire, etc. 10. Any cost for hardware or software, system's maintenance, system's operations and system's telecommunications which is needed for the operation of the system or any of its key components, and delivers a mutually determined system benefit to the participating libraries-examples include but are not limited to a leased replacement CPU, a remote service for Internet access, and a new software module. 11. Any other costs agreed upon by the Library Automation Committee Individual Librarv Costs: 1. Purchase of smart machine readable barcode labels 2. Machine readable labels for patron ID cards 3. Terminals, printers, light pens, modems and other peripheral equipment located within individual library buildings 4. Installation of telecommunications network 5. Monthly telecommunications circuits costs Individual Jurisdiction Costs: 1. Preparation of sites for workstations in individual libraries 2. Labor for bar code labeling materials 3. Machine readable bibliographic data The funding formula used for this project is based on the following five 3 statistical measures: 30% annual circulation; 30% number of items; 20% population of each locality; 10% number of branches or outlets; and 10% number of full time equivalent staff. 5. The amendments set forth herein shall be effective as of July 1, 2005. 6. Except as changed or modified herein, the conditions, terms and obligations of the Contract, and any amendments thereto, except to the extent as changed or modified by this Amendment No. Three, shall remain in full force and effect as if fully stated herein. IN WITNESS WHEREOF, the parties hereto, each duly authorized, have hereunto affixed their signatures and seals to this Amendment No. Three, executed in quadruplicate as of the date set forth above. ATTEST: CITY OF ROANOKE Mary F. Parker, City Clerk By Darlene L. Burcham, City Manager ATTEST: City Clerk CITY OF SALEM By Forest G. Jones,.City Manager ATTEST: COUNTY OF ROANOKE Clerk to the Board By Elmer C. Hodge, Co. Administrator ATTEST: COUNTY OF BOTETOURT 4 By Gerald A. Burgess, Co. Administrator Deputy Clerk to the Board Approved as to Form: Approved as to Form: Counsel, City of Roanoke Counsel, City of Salem Approved as to Form: Approved as to Form: Counsel, County of Botetourt Counsel, County of Roanoke 5 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk June 24, 2004 File #60-72 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 36730-062104 appropriating funds for troubled youth and their families and establishing revenue provided by the Department of Medical Assistance, in connection with the Comprehensive Services Act Supplemental allocation, and amending and reordaining certain sections of the 2003-2004 General Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 21, 2004, and is in full force and effect upon its passage. S?\y~ i L Mary F. Parker, CMC City Clerk MFP:ew Attachment Jesse A. Hall June 24, 2004 Page 2 pc: Darlene L. Burcham, City Manager Rolanda B. Russell, Assistant City Manager for Community Development Sherman M. Stovall, Director, Office of Management and Budget Jane R. Conlin, Director of Human Services ~ ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of June, 2004. No. 36730-062104. AN ORDINANCE to appropriate funding for troubled youth and their families and establish revenue provided by the Department of Medical Assistance, amending and reordaining certain sections of the 2003-2004 General 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 the following sections of the 2003-2004 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Family Foster Care-IV-E Children Foster Care Salary Lapse Revenues CSA - State Supplemental 001-630-5410-3182 001-630-5410-3191 001-300-9410-1090 $ 378,698 250,000 (193,136) 001-110-1234-0692 435,562 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~ f\~ lF~ 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) S53-1138 CityWeb: www.roanokegov.com June 21, 2004 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: Comprehensive Services Act Supplemental Allocation Background: The Comprehensive Services Act (CSA) which was established in 1993 provides residential and non-residential treatment services to troubled and at-risk youth and to their families through a collaborative system of state and local agencies, parents, and private sector providers. These services include mandated foster care, certain special education services, and foster care prevention. CSA also provides services to certain targeted non- mandated populations. CSA expenditures are projected at $9,500,000 for FY 2004. These expenditures exceed the CSA FY 2004 appropriation of $8,871,302 by $628,698 and require additional local funds in the amount of $193,136. Additional funds are for mandated services for at-risk youth. The City of Roanoke makes every effort to maximize reimbursements from the Department of Medical Assistance for CSA services. For the past two years Medicaid payments for CSA services have averaged over $3 million annually. For FY 2004 CSA's Medicaid collections are projected at $2.3 million. While state legislation now requires localities to utilize Medicaid facilities whenever possible, the Department of Medical Assistance limits the amount of reimbursement. Thus, children placed in residential treatment facilities may be denied Medicaid reimbursement if services are deemed no longer medically necessary. The Honorable Mayor and Members of City Council June 21, 2004 Page 2 Recommended Action: · Increase the General Fund Revenue estimate by $435,562 to CSA Revenue Account Number 001-11 0-1234-0692. · Funds in the amount of $193,136 may be provided from personnel lapse account 001-300-9410-1090 for the local share. · Appropriate funding in the amount of $628,698 to the following accounts: 001-630-5410-3182 001-630-5410-3191 $378,698 $250,000 Respectfully submitted, Darlene L. B ham 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 Jane R. Conlin, Director Human Services/Social Services Sherman M. Stovall, Director of Management and Budget CM04-010S CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk June 24, 2004 File #323 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36732-062104 authorizing the City Manager to enter into a four-year contract with the Commonwealth of Virginia, Department of Emergency Management, to participate in a Regional Hazardous Materials Response Team and to accept "pass-through" funding in the amount of $1S,000.00 per contract year. The above referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 21, 2004, and is in full force and effect upon its passage. A'Y~J;J~ Mary F. Parker, CMC City Clerk MFP:ew Attachment Darlene L. Burcham June 24, 2004 Page 2 pc: Jesse A. Hall, Director of Finance George C. Snead, Jr., Assistant City Manager for Operations Sherman M. Stovall, Director, Office of Management and Budget James Grigsby, Chief, Fire-EMS GAS IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of June, 2004. No. 36732-062104. A RESOLUTION authorizing the City Manager to enter into a four-year contract with the Commonwealth of Virginia, Department of Emergency Management, to participate in a Regional Hazardous Materials Response Team and to accept "pass-through" funding in the amount of$15,000 per contract year. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, a four-year contract commencing July 1, 2004, with the Commonwealth of Virginia, Department of Emergency Management, to participate in a Regional Hazardous Materials Response Team, the contract to be in such form as is approved by the City Attorney, as is more particularly set forth in the letter of the City Manager, dated June 21,2004. 2. The City Manager is authorized to accept $15,000 per contract year in "pass- through" funding pursuant to the contract. AA~1.f~ City Clerk H:'Measures\Has Mat response team grant. doc CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk June 24, 2004 File #60-188 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 36731-062104 appropriating funds in connection with the Regional Hazardous Materials Response Team Grant, and amending and reordaining certain sections of the 2004-2005 Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday,June 21, 2004, and is in full force and effect upon its passage. Sr\Y~ ;L Mary F. Parker, CMC City Clerk MFP:ew Attachment Jesse A. Hall June 24, 2004 Page 2 pc: Darlene L. Burcham, City Manager George C. Snead, Jr., Assistant City Manager for Operations Sherman M. Stovall, Director, Office of Management and Budget James Grigsby, Chief, Fire-EMS ~ The 21st day of June, 2004. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA No. 36731-062104. AN ORDINANCE to appropriate funds to the Regional Hazardous Materials Response Team Grant, amending and reordaining certain sections of the 2004-2005 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 the following sections of the 2004-2005 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Expendable Equipment (< $5,000) Training and Development Expendable Equipment (< $5,000) Training and Development Expendable Equipment (< $5,000) Training and Development Expendable Equipment (< $5,000) Training and Development Revenues Haz Mat Emergency Response- State FY05 Haz Mat Emergency Response- State FY06 Haz Mat Emergency Response- State FY07 Haz Mat Emergency Response- State FY08 035-520-3227-2035 035-520-3227-2044 035-520-3228-2035 035-520-3228-2044 035-520-3229-2035 035-520-3229-2044 035-520-3230-2035 035-520-3230-2044 035-520-3227-3227 035-520-3228-3228 035-520-3229-3229 035-520-3230-3240 $ 10,000 5,000 10,000 5,000 10,000 5,000 10,000 5,000 15,000 15,000 15,000 15,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. AA~ 1~ 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, (S40) 853-2333 Fa" (540) 853-1138 CityWeb: www.roanokegov.com June 21 , 2004 Honorable Ralph K. Smith, Mayor Honorable C. Nelson Harris, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable Dr. M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Regional Hazardous Materials Response Team Contract and Grant Background: Since July 1, 1986, the city has been under contract with the Virginia Department of Emergency Management (VDEM) to respond to Level III hazardous materials incidents in a regional concept involving firefighter/EMTs from the cities of Roanoke and Salem. In November 2002, the city renewed its agreement to participate in a Level III Regional Response Team. This report requests the city, for the next four fiscal years Uuly 2004 - June 2008); authorize another agreement to keep funding and reimbursement needs current. Roanoke benefits in several ways from this contract. The city receives reimbursement for training, team member physical examinations and purchase of related equipment. Without this state contract, the city would still have a need for a hazardous materials response team but would not have the corresponding benefit of being a reimbursed regional provider. Considerations: The present VDEM hazardous materials team contract expires June 30, 2004. VDEM agreed to sign a new, four-year agreement and to furnish The Honorable Mayor and Members of Council June 21,2004 Page 2 $60,000; $15,000.00 per contract year in "pass-through" funds in order to assist with the purchase of equipment, physicals, and to attend training programs needed to comply with Federal and State response criteria mandates. Recommended Action: City Council authorize execution of the new contract and "pass-through" funding which honors the four-year VDEM hazardous materials team contract for the period July 1, 2004 until June 30, 2008, and appropriate funding of $60,000 as follows: $40,000 to Expendable Equipment and $20,000 to Training and Development under the Hazardous Materials Response Team Grants to be established by the Director of Finance in the Grant Fund. Establish revenue estimates of $15,000 per contract year to the similarly named accounts. Darlene L. Burcllam City Manager DLB/jsf c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance George C. Snead, Assistant City Manager for Operations James Grigsby, Fire-EMS Chief #CM04-00097 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk June 24, 2004 File #60-77-226 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36734-062104 authorizing the City Manager to enter into agreements with Total Action Against Poverty in Roanoke Valley and the Virginia Department of Transportation, to define the responsibilities of each party, and to support renovation of the historic Hotel Dumas to create the Dumas Center for Artistic and Cultural Development The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday,June 21, 2004, and is in full force and effect upon its passage. SAY~ jP~ Mary F. Parker, CMC City Clerk MFP:ew Attachment Darlene L. Burcham June 24, 2004 Page 2 pc;: Theodore J. Edlich, III, President, Total Action Against Poverty P. O. Box 2868, Roanoke, Virginia 24001-2868 Jesse A. Hall, Director of Finance Robert K. Bengtson, Director, Public Works Sherman M. Stovall, Director, Office of Management and Budget Kenneth H. King, Jr., Transportation Division Manager ~" 1\11f~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36734-062104. A RESOLUTION authorizing the City Manager to enter into agreements with Total Action Against Poverty in Roanoke Valley ("TAP") and the Virginia Department of Transportation ("Department"), to define the responsibilities of each party, and to support the renovation of the historic Hotel Dumas to create the Dumas Center for Artistic and Cultural Development. WHEREAS, TAP requested Transportation Enhancement funds in the amount of $300,000.00 to support the renovation of the historic Hotel Dumas to create the Dumas Center for Artistic and Cultural Development; WHEREAS, TAP received notification in November, 2003, that its application for Transportation Enhancement funds through the Transportation Equity Act for the 21 sl Century ("TEA-21") for the Dumas Center for Artistic and Cultural Development was approved by the Commonwealth Transportation Board in the amount of$150,000; and WHEREAS, the City of Roanoke must enter into separate agreements with TAP and the Department to define the responsibilities of each party. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, to enter into agreements with the Department to define the responsibilities of the Department, and to support the renovation of the historic Hotel Dumas to create the Dumas Center for Artistic and Cultural Development, such agreements to be in such form as is approved by the City Attorney. H:\RESOLUTlONS\R_TEA2J+DUMAS_ACCEPT062104.DOC 2. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, a legally binding agreement with the project applicant, Total Action Against Poverty in Roanoke Valley, requiring the applicant to be fully responsible for any matching funds as well as all other obligations undertaken by the City, such agreement to be in such form as is approved by the City Attorney. A~..., j ~ City Clerk. H:\RESOLUTIONS\R-TEA2 I_DUMAS_ACCEPT062104.DOC \, ;;. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk June 24, 2004 File #60-77-226 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 36733-062104 appropriating $150,000.00 from the Commonwealth of Virginia for the Dumas Center for Artistic and Cultural Development, and amending and reordaining certain sections of the 2003-2004 Capital Projects Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 21, 2004, and is in full force and effect upon its passage. n:':'iP~ Mary F. Parker, CMC City Clerk MFP:ew Attachment Jesse A. Hall June 24, 2004 Page 2 pc: Darlene L. Burcham, City Manager Robert K. Bengtson, Director, Public Works Sherman M. Stovall, Director, Office of Management and Budget Kenneth H. King, Jr., Transportation Division Manager ~'; ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of June, 2004. No. 36733-062104. AN ORDINANCE to appropriate funding from the Commonwealth for the Dumas Center for Artistic and Cultural Development, amending and reordaining certain sections of the 2003-2004 Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2003-2004 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from State Grant Funds 008-530-9825-9007 Revenue Dumas Center Enhancement T-21 Grant 008-530-9825-9806 $ 150,000 150,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: J.~ A~ 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 Fa" (540) 853-1138 CityWeb: www.roanokegov.com June 21, 2004 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: Dumas Center for Artistic and Cultural Development Background: Total Action Against Poverty (TAP) received notification in November, 2003 that its application for Transportation Enhancement funds through the Transportation Equity Act for the 21" Century (TEA-21) for the Dumas Center for Artistic and Cultural Development was approved by the Commonwealth Transportation Board in the amount of $1 50,000. These funds are to be used to support the renovation of the historic Hotel Dumas to create the Dumas Center for Artistic and Cultural Development. The City of Roanoke must enter into separate agreements with TAP and the Virginia Department of Transportation (VDOT), which will define the responsibilities of each party. TAP would be responsible for the match requirement of $37,500. The $150,000 of TEA-21 Enhancement funds needs to be appropriated (to be reimbursed by VDOT) to a new project account for disbursement to TAP. Recommended Action: Appropriate $1 50,000 of TEA-21 Enhancement funds to be funded by VDOT to a new project account to be entitled "Dumas Center Enhancement Grant" for disbursement to TAP. Establish a revenue estimate of the same for State reimbursement through the TEA-21 program. Mayor and Members of Council June 21, 2004 Page 2 Authorize the City Manager to execute separate agreements with TAP and the Virginia Department of Transportation. Darlene L. Burcham City Manager DLB/KHK/gpe C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Robert K. Bengtson, P.E., Director of Public Works Kenneth H. King, Jr., P.E., Transportation Division Manager Sherman M. Stovall, Acting Director of Management and Budget CM04-00098 AGREEMENT THIS AGREEMENT is made and entered into this _ day of , 20_, by and between the CITY OF ROANOKE, VIRGINIA, a municipal corporation organized and existing under the laws of the Commonwealth of Virginia ("City"), and TOTAL ACTION AGAINST POVERTY IN ROANOKE V ALLEY ("TAP"). WIT N E SSE T H: WHEREAS, TAP wishes to renovate the historic Hotel Dumas to create the Dumas Center for Artistic and Cultural Development ("Project"); WHEREAS, by Resolution No. 36408-061603, the Council of the City of Roanoke requested the Commonwealth Transportation Board to establish the Project; WHEREAS, the Project received an allocation of funds in the Transportation Enhancement Program portion ofthe Virginia Department of Transportation ("VDOT"); and WHEREAS, the City and VDOT will enter into an agreement for the development and administration of the Project, committing the City to be responsible for a minimum twenty percent (20%) local match ofthe Project costs and to implement the Project. NOW THEREFORE, FOR AND IN CONSIDERATION of the premises and mutual covenants contained herein, the parties hereto agree as follows: 1. Pursuant to VDOT's Transportation Enhancement Program, and upon execution of this Agreement by the parties hereto, the City will enter into an agreement with VDOT, a copy of which is attached hereto and incorporated herein as Exhibit A and hereafter referred to as the "City/State Agreement". 2. TAP shall fulfill all of the obligations undertaken by the City, and perform all of the tasks undertaken by the City, by virtue of the City's execution of the City/State Agreement 06/15/04 1 and will comply with each of the requirements set forth in the City/State Agreement and all federal and state regulations and requirements applicable to all work performed on the Project, including performing, or contracting to perform, tasks relating to the preliminary engineering and construction phases of the Project, and procuring consultant services contracts and construction contracts in accordance with the Virginia Public Procurement Act. TAP shall pay the City all amounts due VDOT under the City/State Agreement including amounts due arising out of cancellation by the City, TAP or VDOT. 3. With respect to reimbursement of eligible Project costs from VDOT with Transportation Enhancement funds, TAP will forward invoices for all goods purchased and services rendered, or estimates of the value of goods and services donated, to the City, c/o Mr. Robert K. Bengtson, Public Works Director, 1802 Courtland Road, N. E., Roanoke, Virginia 24012. The City shall, upon receipt from TAP of a request accompanied by the above-referenced appropriate and necessary documentation, make appropriate payment to TAP and apply for reimbursement from VDOT for eligible Project costs for the previous month or for the final billing as set forth in Paragraph 2( c) of the City/State Agreement. Reimbursement from VDOT for eligible Project costs shall be limited to $150,000. 4. TAP agrees that it shall be solely responsible for all third party contracts relating to the Project and the City shall not be liable to any party other than VDOT for contracts relating to the Proj ect. 5. In the performance of this contract, TAP shall: (1) not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, sex or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of TAP. TAP agrees to post in conspicuous 06/15/04 2 06/15/04 places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause; and (2) state that TAPis an equal employment opportunity employer in its solicitations or advertisements for employees working pursuant to this Agreement; and (3) include the provisions of the foregoing subparagraphs (I) and (2) 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. 6. (I) During the performance of this Agreement, TAP agrees to: a. Provide a drug-free workplace for TAP's employees; b. Post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in TAP's workplace and specifying the actions that will be taken against employees for violations of such prohibition; c. State in all solicitations or advertisements for employees placed by or on behalf of TAP that TAP maintains a drug-free workplace; and d. Include the provisions of the foregoing clauses in every subcontract or purchase order of over ten thousand dollars and no cents ($10,000.00), so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this section, "drug-free workplace" means a site for (2) 3 the performance of work done in connection with a specific contract awarded to a contractor in accordance with this chapter, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract. 7. Pursuant to section 2.2-4343.1 of the Code of Virginia (1950), as amended. the City of Roanoke does not discriminate against faith-based organizations. 8. This Agreement shall be binding upon the parties hereto and their respective successors and assigns. 9. Nothing herein shall relieve the obligation of TAP of its duty to comply with all applicable federal, state or local statutes, codes, ordinances or regulations. 10. This Agreement constitutes the entire Agreement of the parties hereto and supersedes all prior negotiations and agreements among the parties. No revision of this Agreement shall be valid unless made in writing and signed by the parties hereto. 11. This Agreement shall be governed by the laws of the Commonwealth of Virginia. 12. This Agreement shall be in full force and effect until the Project is complete and all the obligations of the City/State Agreement have been performed. IN WITNESS WHEREOF, the City and TAP have duly executed this Agreement on the date set out above. ATTEST: CITY OF ROANOKE, VIRGINIA Mary F. Parker, City Clerk By Darlene L. Burcham, City Manager 06/15/04 4 TOTAL ACTION AGAINST POVERTY IN ROANOKE VALLEY ATTEST: Secretary By Title Approved as to form: Approved as to execution: Assistant City Attorney Assistant City Attomey 06/15/04 5 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk June 24, 2004 File #60-392 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 36735-062104 appropriating an additional $23S,751.00 for the O. Winston Link Railwalk and Warehouse Business Center Projects, and amending and reordaining certain sections of the 2003-2004 General and Capital Projects Funds Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 21, 2004, and is in full force and effect upon its passage. n:'~ g ~ Mary F. Parker, CMC City Clerk MFP:ew Attachment Jesse A. Hall June 24, 2004 Page 2 pc: Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Office of Management and Budget ~) IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of June, 2004. No. 36735-062104. AN ORDINANCE to appropriate additional funding for the O. Winston Link Railwalk and Warehouse Business Center Projects, amending and reordaining certain sections of the 2003-2004 General and Capital Projects Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2003-2004 General and Capital Projects Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Transfer to Capital Projects Fund Salary Lapse 001-250-9310-9508 001-300-9410-1090 $ 235,751 (235,751 ) Capital Proiects Fund Appropriations Appropriated from General Revenue Revenues Transfer from General Fund 008-530-9759-9003 235,751 008-110-1234-1037 235,751 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTn "" 1 ~ 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 Fa" (540) 853-1138 CityWeb: www.roanokegov.com June 21, 2004 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 City Council Subject: O. Winston Link Railwalk and Warehouse Business Center Construction of the O. Winston Link Railwalk was completed in 2003. Construction of the elevated walkway portion of this project along the front of Warehouse Row was complicated by the limited site area and many overhead and underground utilities. Concurrent with our construction of the Railwalk project, the Warehouse Row Business Center project became an opportunity to encourage technology businesses in Roanoke. Construction in this area provided an opportunity to make the needed improvements to all underground infrastructures so as to prevent future damage to the walkway and brick paving, and to provide state of the art utility service to support redevelopment of the warehouses. The water, sewer, telephone, electric power, gas and telecommunications facilities all required significant upgrades. Due to the complexity and difficult construction conditions of the project, the power system upgrades cost were greater than originally expected. The cost of this work exceeded our budgeted funds by $235,751. Unfortunately, this increased expense cannot be absorbed by American Electric Power (AEP). Their policies require that the cost of underground improvements be borne by the customer. Staff has worked with AEP to ensure that all charges associated with this expenditure are appropriate. Honorable Mayor and Members of City Council June 21, 2004 Page 2 Therefore, I recommend that City Council fund the increased power system relocation cost of $235,751. Funds are available in personnel lapse in the requested amount. Recommendation: Appropriate $235,751 from personnel lapse account 001-300-9410-1090 into the Railside Linear Walk Phase 5 account (008-530-9759-9003). Respectfully submitted, ~ Darlene L. Burc City Manager c: William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Mary F. Parker, City Clerk Sherman Stovall, Acting Director of Management and Budget CM04-0112 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk June 24, 2004 File #60-385 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 36736-062104 transferring funds between personal services accounts, to provide funds for certain operational needs as a result of personnel lapse realized during the year, and amending and reordaining certain sections of the 2003-2004 General Fund Appropriations. The above referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 21, 2004, and is in full force and effect upon its passage. AY~!}P~ Mary F. Parker, CMC City Clerk MFP:ew Attachment Jesse A. Hall June 24, 2004 Page 2 pc: Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Office of Management and Budget ~~'; IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of June, 2004. No. 36736-062104. AN ORDINANCE transferring funding between personal services accounts and to provide funding for certain operational needs as a result of personnel lapse realized during the year, amending and reordaining certain sections of the 2003-2004 General 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 the following sections of the 2003-2004 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular employee salaries 001 - 110 - 1234 - 1002 21,298 Regular employee salaries 001 - 120 - 2111 - 1002 31,647 Workers' comp medical 001 - 121 - 2130 - 1140 136 Regular employee salaries 001 - 125 - 2110 - 1002 7,093 Regular employee salaries 001 - 130 - 1233 - 1002 (5,024) Regular employee salaries 001 - 140 - 2140 - 1002 (79,668) Regular employee salaries 001 - 140 - 3310 - 1002 106,275 Regular employee salaries 001 - 150 - 2210 - 1002 (34,216) Regular employee salaries 001 - 150 - 2211 - 1002 (2,777) Regular employee salaries 001 - 200 - 1110 - 1002 2,194 Regular employee salaries 001 - 210 - 1220 - 1002 3,933 Regular employee salaries 001 - 220 - 1120 - 1002 1,654 Regular employee salaries 001 - 230 - 1235 - 1002 (111,119) Temporary wages 001 - 230 - 1236 - 1004 152 Regular employee salaries 001 - 240 - 1240 - 1002 (3,371 ) Regular employee salaries 001 - 250 - 1231 - 1002 (7,441) Regular employee salaries 001 - 250 - 1232 - 1002 36,074 Payroll Accrual 001 - 250 - 9110 - 1099 (150,000) Medical Insurance 001 - 250 - 9110 - 1125 (227,844) WIC Wages 001 - 250 - 9110 - 1135 (400,000) WIC Medical 001 - 250 - 9110 - 1140 (400,000) Unemployment Wages 001 - 250 - 9110 - 1145 (35,000) Extended Illness Lv Payment 001 - 250 - 9110 - 1149 (20,000) Termination Leave Wages 001 - 250 - 9110 - 1150 (91,275) Regular employee salaries 001 - 260 - 1310 - 1002 37,686 Regular employee salaries 001 - 300 - 1210 - 1002 (5,914) Regular employee salaries 001 - 300 - 1211 - 1002 23,819 Salary Lapse 001 - 300 - 9410 - 1090 1,582,625 Regular employee salaries 001 - 310 - 8120 - 1002 14,848 Regular employee salaries 001 - 340 - 1261 - 1002 (81,186) Regular employee salaries 001 - 340 - 1263 - 1002 369 Regular employee salaries 001 - 410 - 1212 - 1002 (113,446) Regular employee salaries 001 - 430 - 4130 - 1002 58,842 Regular employee salaries 001 - 430 - 4131 - 1002 (77,248) Regular employee salaries 001 - 430 - 4170 - 1002 1,508 Regular employee salaries 001 - 440 - 1237 - 1002 (12,027) Regular employee salaries 001 - 440 - 1260 - 1002 3,733 Regular employee salaries 001 - 440 - 1617 - 1002 (65) Regular employee salaries 001 - 440 - 4220 - 1002 (10,279) Regular employee salaries 001 - 440 - 4330 - 1002 16,859 Regular employee salaries 001 - 520 - 3211 - 1002 (2,524) Regular employee salaries 001 - 520 - 3212 - 1002 9,199 Regular employee salaries 001 - 520 - 3213 - 1002 340,862 Regular employee salaries 001 - 520 - 3214 - 1002 232,829) Regular employee salaries 001 - 520 - 3521 - 1002 240,209) Regular employee salaries 001 - 530 - 1280 - 1002 2,792 Regular employee salaries 001 - 530 - 4110 - 1002 226,729 Regular employee salaries 001 - 530 - 4140 - 1002 5,135 Regular employee salaries 001 - 530 - 4160 - 1002 42,021 Regular employee salaries 001 - 530 - 4210 - 1002 202,267 Regular employee salaries 001 - 530 - 4310 - 1002 (91,441 ) Regular employee salaries 001 - 610 - 3410 - 1002 56,304 Regular employee salaries 001 - 610 - 8110 - 1002 (19,876) Regular employee salaries 001 - 615 - 8111 - 1002 (45,623) Regular employee salaries 001 - 615 - 8112 - 1002 (7,875) Regular employee salaries 001 - 615 - 8113 - 1002 (26,774) Regular employee salaries 001 - 620 - 4340 - 1002 43,485 Regular employee salaries 001 - 620 - 7110 - 1002 (61,844) Regular employee salaries 001 - 620 - 7111 - 1002 (62,408) Regular employee salaries 001 - 620 - 8170 - 1002 12,633 Regular employee salaries 001 - 630 - 1270 - 1002 4,395 Regular employee salaries 001 - 630 - 5311 - 1002 (25,622) Regular employee salaries 001 - 630 - 5313 - 1002 157,653 Regular employee salaries 001 - 630 - 5314 - 1002 8,219 Regular employee salaries 001 - 630 - 5315 - 1002 (2,297) Regular employee salaries 001 - 630 - 5316 - 1002 (61,337) Regular employee salaries 001 - 630 - 5317 - 1002 3,564 Regular employee salaries 001 - 630 - 5318 - 1002 (24,881) Regular employee salaries 001 - 630 - 5411 - 1002 8,149 Regular employee salaries 001 - 631 - 3330 - 1002 (809) Regular employee salaries 001 - 631 - 3350 - 1002 (13,357) Regular employee salaries 001 - 631 - 3360 - 1002 (3,589) Regular employee salaries 001 - 640 - 3111 - 1002 10,493 Regular employee salaries 001 - 640 - 3112 - 1002 83,892 Regular employee salaries 001 - 640 - 3113 - 1002 (122,382) Regular employee salaries 001 - 640 - 3114 - 1002 (107,584) Regular employee salaries 001 - 640 - 3115 - 1002 54,884 Regular employee salaries 001 - 640 - 3530 - 1002 (36,501 ) Regular employee salaries 001 - 650 - 2150 - 1002 1,217 Regular employee salaries 001 - 650 - 7310 - 1002 (114,320) Regular employee salaries 001 - 660 - 1214 - 1002 (17,868) Revenues Treasurer 001 - 110 - 1234 - 0613 10,649 Commissioner of Revenue 001 - 110 - 1234 - 0612 (2,512) Sheriff 001 - 110 - 1234 - 0611 17,738 Commonwealth's Attomey 001 - 110 - 1234 - 0610 (22,811 ) Director of Social Services-Admin 001 - 110 - 1234 - 0685 71,906 Employment Services 001 - 110 - 1234 - 681 (31,816) VISSTA 001 - 110 - 1234 - 671 (12,441) CSA - State Administration 001 - 110 - 1234 - 693 4,075 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTE~ '^7 :J L City Clerk. (_";:.A'~:",~'10i"J~.C.\. 1',. .. ':<;;, r~ '_'-.~ ~ - -~ 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 Fa" (540) 853-1138 CityWeb: www.roanokegov.com June 21,2004 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: Personal Services Lapse Report Background: The fiscal year 2003-2004 General Fund Budget includes funds in the nondepartmental expenditure category for several personnel related accounts. These accounts are budgeted at estimated amounts in the nondepartmental cost center because annual charges of each department are difficult to accurately predict. Actual costs are charged to departments in anticipation of year-end budget transfers to cover the costs. Considerations: Salary lapse is one of the items included in the nondepartmental category. It is the difference in budgeted City employee salaries and actual salaries. It is created through normal employee attrition and the managed hiring efforts undertaken during the year by City staff. At year-end, salary lapse created in departments is credited against the budgeted total salary lapse, and any excess salary lapse generated is spread throughout the various departments to cover additional personnel and operational needs. Operational allocations using excess lapse include $107,130 for operational and equipment needs in the Office of the Clerk of Circuit Court, $152,072 for snow removal activities,$215,000 for solid waste tipping fees, $193,136 in additional local share funding for the Comprehensive Services Act program, recommended to Council in a separate report, and $235,751 for Railside Linear Walk-E-Town improvements, also recommended to Council in a separate report. Honorable Mayor and Members of Council June 21, 2004 Page 2 Workers' Compensation is also initially budgeted in the nondepartmental category. Funding has been budgeted as a lump sum in the non-departmental category in the General Fund to cover workers' compensation wages and medical expenses. Like other personnel related budgets, the workers' compensation budgets are established non-departmentally due to the difficulty of predicting which departments will incur these expenses and to what extent. The attached budget ordinance allocates the amount in the nondepartmental cost center to departments that have incurred actual costs. The fiscal year 2003-2004 General Fund Budget also included funds in the non- departmental category to cover annual expenditures for unemployment wages, extended illness leave payments, and termination leave wages, as well as anticipated increase in health and dental insurance. These budgets should be allocated to appropriate departmental accounts in the same manner as salary lapse and workers' compensation. The attached budget ordinance accomplishes the above referenced transfers by adjusting each department's regular salaries line rather than adjusting all the individual line items. An adjustment is also needed to increase the revenue estimate for the change in salary estimates for employee salaries reimbursed by the Commonwealth of Virginia. A summary of the transfers in the attached budget ordinance is as follows: 2004 Adjustment Revised Account Budaet Needed Budaet Pavroll Accrual $150,000 ($150,000 $0 Medical Insurance 4,722,264 (20,704 4,701,560 Dental Insurance 299,906 11 ,469 311,375 Workers' Comoensation-Wages 400,000 (160,617) 239,383 Workers Comoensation-Medical 400,000 278,247 678,247 Unemolovment Waaes 35,000 61,993 96,993 Extended Illness Waaes 20,000 45,185 65,185 Termination Leave Waaes 91,275 246,887 338,162 FICA 4,942,017 (340,338) 4,601,679 Salarv Laose (1,001,481 ) 1,001,481 0 Salaries and Waaes 63,387,941 (2,087,961 ) 61,351,540 Miscellaneous Other Personnel Costs 1,939,806 1,048,277 3,037,392 Total Exoenditure Adiustments $75,386,728 $34,788 $75,421,516 Revenue Adiustment Social Services/State Shared Exoenses $28,711,085 $34,788 $28,745,873 Honorable Mayor and Members of Council June 21, 2004 Page 3 Recommended Actions: City Council authorize the transfer of funding between accounts and the use of excess budgeted personal services. Respectfully submitted, ~4~ Jesse A. Hall Director of Finance DLB/JAH:sms c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Sherman M. Stovall, Director of Management and Budget CM04-00111 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk June 24, 2004 File #60-450 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 36737-062104 establishing funds for the Roanoke Grow America Fund, and amending and reordaining certain sections of the 2003-2004 Capital Projects Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 21, 2004, and is in full force and effect upon its passage. A'Y~-JP~ Mary F. Parker, CMC City Clerk MFP:ew Attachment Jesse A. Hall June 24, 2004 Page 2 pc: Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Office of Management and Budget Elizabeth A. Neu, Director, Economic Development Wayne G. Strickland, Executive Director, Roanoke Valley Alleghany Regional Commission, P. O. Box 2569, Roanoke, Virginia 24010 ~ (:j'\) IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of June, 2004. No. 36737-062104. AN ORDINANCE to establish funding for the Roanoke Grow America Fund, amending and reordaining certain sections of the 2003-2004 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2003-2004 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from General Revenue Appropriated from General Revenue Economic Development 008-002-9645-9003 008-310-9688-9003 008-530-9575-9178 (800,000) 225,000 575,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: r\~ 1 (Lt-~ 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 June 21 , 2004 The Honorable Ralph K. Smith, Mayor The Honorable Nelson Harris, Vice-Mayor The Honorable William Bestpitch, Council Member The Honorable Rupert Cutler, Council Member The Honorable Alfred Dowe, Council Member The Honorable Beverly Fitzpatrick, Jr., Council Member The Honorable Linda Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Appropriate money into an "Economic Development Reserve" fund for the Grow America Fund loan program and future economic development projects In order to better serve small businesses in our region needing financing, The City of Roanoke Department of Economic Development has been working with the Roanoke Valley Alleghany Regional Commission to establish and administer a Community Investment Fund for Small Business Financing loan pool through the National Development Council (NDC) and its subsidiary, the Grow America Fund, Inc. (GAFI), known as the Grow America Fund. To make the loan pool viable, the NDC believes a regional approach would work best for our area. They currently operate Grow America Fund programs in several U.S. cities, including Richmond, Virginia. The Regional Commission is willing to serve as the intermediary and to work with a group of stakeholder communities in order to participate in the program. Currently the City of Salem, the City of Covington, Franklin County and the City of Roanoke want to jointly develop a method to capitalize the fund. The Grow America Fund leverages the community loan dollars to make the loans (i.e. they contribute to the pool using SBA resources, typically four times the community investment.) The NDC or GAFI staff completely analyze the loan applications, determine credit Mayor Smith and Members of City Council June 21, 2004 Page 2 worthiness, underwrite, close, service and collect the loans for an annual contract fee of $1 05,000 which will be paid by the four participating jurisdictions and passed through the Regional Commission as the agent. In addition, the NDC or GAFI staff assists in marketing the program and in originating and packaging the loans. Documents establishing the relationship with the partnering jurisdictions have been drafted, as well as the contractual relationship with the NDC and GAFI, but are not finalized. Once those documents have been completed and agreed upon by the partnering jurisdictions they will be brought before City Council. To demonstrate the City of Roanoke's immediate commitment to this program, authorize the Director of Finance to transfer the balance of $800,000 in the Southern Lane project fund (Account #008-002-9645-9003) to a new fund titled "Roanoke Grow America" fund, (Account #008-31 0- 9688-9003) in the amount of $225,000 and the balance of $S75,000 into the Economic Development Reserve Account #008-530-9575-9178.) Respectfully submitted, o<h Darlene L. Bur City Manager ~i DLB:ean c: Jesse A. Hall, Director of Finance William M. Hackworth, City Attorney Mary F. Parker, City Clerk Beth Neu, Director of Economic Development Wayne Strickland, Executive Director, Ex. Director, Regional Commission CM04-0 1 04 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk June 24, 2004 File #60-247 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 36738-062104 authorizing the City Manager and the City Clerk to execute an amendment to the License Agreement entered into with Arena Ventures, LLC, dated May 18, 2001, as amended, upon certain terms and conditions, as more fully described in a communication from the City Manager under date of June 21, 2004 addressed to City Council. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 21, 2004, and is in full force and effect upon its passage. A'~/jJ~ Mary F. Parker, CMC City Clerk MFP:ew Attachment Darlene L. Burcham June 24, 2004 Page 2 pc: Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget Wilhemina Boyd, Director, Civic Facilities JI-6 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of June, 2004. No. 36738-062104. AN ORDINANCE authorizing the City Manager and City Clerk to execute and attest, respectively, an amendment to the License Agreement entered into with Arena Ventures, LLC, dated May 18, 2001, as amended, upon certain terms and conditions; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and City Clerk are hereby authorized to execute and attest, respectively, an amendment to the License Agreement entered into between the City of Roanoke and Arena Ventures, LLC, dated May 18, 2001, as amended, amending such agreement to provide for a lower fee for Arena Ventures' use of the Roanoke Civic Center Coliseum and certain other City facilities, and to allow the sharing of a greater percentage of the Roanoke Civic Center facility surcharge fee between the parties, as further described in the City Manager's letter to City Council dated June 21, 2004. All documents to be executed shall be upon form approved by the City Attorney. 2. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTn ~ /} J~ 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) S53-1138 CityWeb: www.roanokegov.com June 21, 2004 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: Amendment Four to Agreement with Arena Ventures, LLC. Dear Mayor Smith and Members of City Council: Background: In May, 2001, City Council authorized City officials to enter into a License Agreement ('Agreement' with Arena Ventures, LLC, ('AV') that provided for use of the Civic Center Coliseum and certain related Civic Center facilities by AV to provide a certain number of National Basketball Development League ('NBDJ.:, games and a certain number of entertainment events produced by SFX Concerts, Inc., over a five year period. The Agreement was entered into on May 18, 2001, and subsequently amended on September 3, 2002, September 4, 2002, and December 1, 2003. Section 14.2 (b) of the Agreement provides AV the right to terminate the Agreement if the average paid attendance at regular season NBDL League Games is less than 4,SOO in any League season ending prior to June 1, 2004. Under the original terms of the Agreement, AV would have had to provide the City with written notice no later than May 31, 2004, were it to have exercised this option. Because attendance at NBDL League Games has been lower than the 4,500 threshhold over the past three seasons, and due to other business Mayor Smith and Members of City Council June 21, 2004 Page 2 concerns, Arena Ventures indicated that it wanted to renegotiate the Agreement without the pressure of the May 31 deadline. For this reason, City Council authorized the extension of this deadline until June 30, 2004, in order to give both parties sufficient time to renegotiate certain terms of the Agreement. Considerations: AV has requested further amendments to the Agreement, related to the goal of reducing AVs operating cost and increasing AVs revenue by sharing a greater percentage of the facility surcharge fee. In addition, AV has requested a reduction in the amount of the fee AV pays for use of the Coliseum for each League Game from $5000 to $4000. In return for these concessions, AV has agreed to waive its exclusive right to sell fixed advertising on the Outer Concourse level of the Civic Center Coliseum with respect to Old Time Hockey, LLC, (i.e. the Roanoke Express). These concessions will not have a significant financial impact on the operations of the Civic Facilities Fund; therefore a budget adjustment is not considered necessary in conjunction with this agreement. Recommended Action: Authorize the City Manager and City Clerk, to execute and attest respectively, an amendment to the License Agreement with Arena Ventures, LLC, providing for the amendments set forth above. All documents shall be upon form approved by the City Attorney. Respectfully submitted, ~ ) DLB:dc c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Wilhemina Boyd, Director of Civic Facilities CM04-00 11 4 AMENDMENT FOUR TO LICENSE AGREEMENT BETWEEN CITY OF ROANOKE AND ARENA VENTURES, LLC, DATED MAY 18, 2001 This Amendment Four to Arena License Agreement ("Amendment Four") is dated , 2004, between the City of Roanoke, Virginia, a Virginia municipal corporation ("Licensor" or "City" or "City of Roanoke") and Arena Ventures, LLC, a Delaware limited liability company ("Licensee"), WITNESSETH: WHEREAS, the Licensor and Licensee entered into an Arena License Agreement dated May 18, 2001 ("Agreement"), whereby Licensor permitted Licensee to use property known as the Roanoke Civic Center Arena for the purpose of presenting basketball games and related activities by the National Basketball Development League ("League") and entertainment events by SFX Concerts, Inc., (now known as Clear Channel Entertainment); WHEREAS, the parties have entered into subsequent amendments of the Agreement on the following dates for the following reasons: September 3, 2002, to allow certain modifications relating to League Standards; September 4, 2002, to allow a partial waiver of Licensee's exclusive right to sell fixed advertising; and December 1, 2003, to provide for a reduction in the number of League Games Licensee is required to provide; and WHEREAS, because attendance at League Games has been less than expected and due to other business concerns, both parties desire to further amend the Agreement in certain areas relating to expenses for Licensee's use of the Arena, the sharing of revenue between the parties derived from the facility surcharge and Licensee's exclusive right to sell fixed advertising. NOW, THEREFORE, in consideration of the agreements and mutual promises contained in the Agreement, the prior Amendments and this Amendment, the parties agree as follows: 1. Section 5.3 of the Agreement "Expenses" is hereby amended to read and provide as follows: 5.3 Expenses. In consideration of the SFX Event Day Services and the League Game Day Services, Licensee shall pay Licensor $7,500 for each performance of each SFX Event and $4,000 for each League Game or Other League Event, in each case upon completion of the SFX Event, League Game or Other League Event and in accordance with Section 10. If Licensor and Licensee mutually agree to extend the initial term of this Agreement in 06/21104 1 accordance with Section 2, the amounts set forth in the sentence of this Section 5.3 shall be increased prospectively for the extended term on June 1, 2006, by the CPI Adjustment. In addition to the amounts listed above, Licensee shall pay or cause to be paid to Licensor the Direct Event Expenses incurred by Licensor in connection with this Agreement. 2. Section 8.4 of the Agreement "Facility Surcharge Fees" is hereby amended to read and provide as follows: 8.4 Facility Surcharge Fees. Licensor shall have the exclusive right to charge Facility Surcharge fees in amounts determined by Licensor, provided that any such charge shall be consistent with the facility fees charged for other comparable events held at the Arena. The Facility Surcharge Fees shall be shared only as to League Games and SFX Events as follows: For League Games, Licensor shall pay Licensee an amount equal to thirty- five percent (35%) of the Facility Surcharge Fees on ticket sales for such League Game payable upon the occurrence of the League Game and in accordance with Section 10. For SFX Events, Licensor shall retain the first five hundred dollars ($500) of the Facility Surcharge Fees per performance of an SFX Event, after which Licensor shall pay Licensee an amount equal to thirty-five percent (35%) of all remaining Facility Surcharge Fees on ticket sales for such SFX Event, payable upon the occurrence of the SFX Event and in accordance with Section 10. 3. Subsection 7.2 "Fixed Advertising" of Section 7 "Advertising" of the Agreement is hereby amended by limiting Licensee's exclusive right to sell fixed advertising in the following manner: Licensee hereby waives its exclusive right to sell fixed advertising only to allow Old Time Hockey, LLC, (Le. the Roanoke Express) or any of its subsidiaries or successors in interest or any other entity providing hockey in the Roanoke Civic Center Arena ("OTHn) to sell fixed advertising and only on the Outer Concourse level of the Arena. On the Outer Concourse level of the Arena, Licensee and OTH may both sell fixed advertising, as that term is defined in the Agreement. Licensee hereby acknowledges and agrees that Licensee and OTH shall not share any of the profits from the sale of such fixed advertising made by the other party except upon written consent of both parties. Licensor further acknowledges and agrees that OTH's right to sell such fixed advertising shall be subject to the same limitations on advertising contained in the Agreement. 4. The effective date for this Amendment Four shall be July 1, 2004. 06/21/04 2 5. Except as expressly set forth above, all other terms and conditions set forth in the Agreement and in Amendments One, Two and Three shall remain in full force and effect. IN WITNESS WHEREOF, the parties have signed this Amendment Four by their authorized representatives. ATTEST: CITY OF ROANOKE, VIRGINIA By Darlene L. Burcham, City Manager WITNESS: ARENA VENTURES, LLC By Printed Name and Title Printed Name and Title Approved as to Form: Approved as to Execution Assistant City Attorney Assistant City Attorney Certification of Funds Required For this Amendment Three Certified Director of Finance Acct. No. 06/21/04 3 CTIY 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 June 21,2004 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: Subject: Civic Center Auditorium Seating Update This is to request space on Council's regular agenda for a 15 minute briefing on the above referenced subject. Respectfully submitted, ~ Darlene L. Bur City Manager DLB:sm c: City Attorney Director of Finance City Clerk ".' Roanoke Civic Facilities Municipal Auditorium Seating City Council Briefi ng June 21, 2004 Background Municipa Auditorium ~ The Roanoke Civic Center has been the proud host to some of the world's finest entertainers and scores of traveling Broadway productions. The Roanoke Symphony provides a wide variety of orchestral events . . 2 . It has also been the desired venue for graduations, dance recitals and concerts. urn Seating Municipa Auditori Background has been The seating in the Auditorium in place since 1971. The Balcony still has the original upholstery. The Loge and Orchestra level seating have been reupholstered once. . . . 3 The facility has 2440 continental style seats that were very popular in the '70's. . Municipa Auditorium Seating Background · The seats are badly worn and torn, and there have been numerous complaints about the condition and configuration of the seats. · The poor quality of seating does not match the high quality events that are presented at the Auditorium. 4 nitiated to refurbish the n sca rce su pply. . I parts are . I In 2003, plans were backs and seats. However, repair . . urn Seating more · Further investigation revealed that refurbishment could cost as much or than new seats. Municipa Auditori Background · $146,000 was allotted in 2003 from retained earnings, which will not cover the cost. 5 more · New or refurbished seating would cost than double the allotted funds. Municipa Auditorium Seating Background new seating was . At this point, considered. · Installation of new chairs and standards would allow an opportunity to create a center and cross aisle in the orchestra section. 6 The Balcony already has aisles with the exception of the front row. . I . re aisles. The Loge would not requ . Municipal Auditorium Seating Background A CAD drawing was made to show the configuration with aisles. . the seating capacity would By creating aisle space, be 2200. . FY 7 The Symphony and JAM Theatricals have been made aware of the possible reduction in seating and are enthusiastic about having new seats and aisle. Loss of seating would not present a problem considering there were only two sell-out events in 2003-2004 and one sellout performance for a multiple show event. . . Municipa Auditorium Seating Background 8 A CAD drawing was made to show the new seating configuration of the orchestra section, along with drawings for the Loge and Balcony. Bid Invitations were sent to companies that have experience manufacturing and installing auditorium seating. Bidders must have installed seating in at least five similar type facilities. . . . Municipa Auditorium Seating Consideration . Bids are due on July 2. · On July 6, Council will be requested to approve to use of retained earning too offset the cost of new seating. · The selected bidder must be able to complete manufacturing, demolition of old seats, and installation by September 30. 2004. 9 10 Municipa Auditorium Seating Consideration The estimated cost for the seats is $300,000 to $350,000. The original allocation of $146,000 can be supplemented with additional retained earnings of $254,000. . . . I City Coune Req uests for · Approval to move forward with the purchase of new seating for the Municipal Auditorium. · Approval for the appropriation of $180,000 from retained earnings to cover the cost of demolition of the old seats, and purchase, manufacturing, and installation of new auditorium seating. 11 urn Seating Municipa Auditori Consideration · Bids are due on July 2. · On July 6, Council will be requested to approve use of retained earnings to offset the cost of new seating. · The selected bidder must be able to complete manufacturing, demolition of old seats, and installation by September 30, 2004. Municipa Auditorium Seating Consideration · The estimated cost for the seats is $300,000 to $325,000. · The original allocation of $146,000 can be supplemented with additional retained earnings of $180,000. 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) 8S3-1138 CityWeb: www.roanokegov.com June 21, 2004 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: Subject: Report from Martin Luther King, Jr. Committee This is to request space on Council's regular agenda for a 20 minute briefing on the above referenced subject. Respectfully submitted, Darlene L. Burcham City Manager DLB:sm c: City Attorney Director of Finance City Clerk '~~ __t, " , '. ._-- -"_"~"'''',_...-,._'., .",'- '" , i ~ , ~ ~ 4 Date: June 21,2004 , , j f I . To: Mayor Smith and Members of City Council From: Dr. Martin Luther King, Jr. Committee < j Subject: Recommendations for Dr. Martin Luther King, Jr. Memorial and Bridge I Background Beginning in late 2003, the Dr. Martin Luther King, Jr. Committee was formed to facilitate the development of a suitable memorial to Dr. King in conjunction with the proposed rehabilitation to the First Street Bridge. Attachment One to this memo contains the committee membership which undertook this task. i I ~ The Committee divided itself into subgroups to begin the process of developing recommendations for the creation of the memorial, looking at such things as the design and treatment of the north and south ends of the bridge, the rehabilitation of the bridge itself, and the creation of a public open space at the northern end of the bridge. I ;~ Committee Recommendations The culmination of the Committee's work is outlined in Attachments Two and Three to this memo. Attachment Two summarizes the recommendations of the Committee. These summary recommendations are divided into two parts, pertaining to improvements to the bridge itself and to the green space I park proposed for the northem end. Attachment Three identifies estimated costs for these improvements as proposed by the Committee. A conceptual design reflecting these recommendations was prepared by Hayes Seay Mattern and Mattern, Inc., who, in conjunction with city staff, provided technical support to the Committee during this process. 1 ! , " l ~ j ~ ; '~ . Public Open House The Committee held an open house on the afternoon of Tuesday, June 14, 2004 at the Dumas Center in order to obtain further public input on the Committee's recommendations. At the open house, a summary of the Committee's recommendations, project cost estimates, and the conceptual design were displayed for the public's information. Attachment Four contains the list of the forty-five attendees during that three hour open house, and a summary of written comments received by open house participants. I I f j i, I ...,..' "~...-.,."~J..,,,.,,......VA~ Review and Consideration by City Council The Committee has completed this phase of its work. We place our recommendations before the Council for your review and consideration. Once the Council has had the opportunity to thoughtfully review the Committee's recommendations and related conceptual design, and consider public input, the Committee is prepared to facilitate moving the project to the design and implementation stage, with the City Council's concurrence and direction. We acknowledge and appreciate the work of all the Committee members in participating in this process and forming these recommendations. We also thank the City Council for their support of the Committee's work in this most important community endeavor. '-'-~'-'-.~~~n ~.~~_..___.,._ _"."_._'._'~"~'"".'__ Attachment One Dr. Martin Luther King Jr. Committee Gilbert Butler Herman Carter Barbara Duerk Brenda Hale Bishop Heath Light J. Granger Macfarlane Mac McCadden Rev. Edward Mitchell Wendy Moore Mignon Chubb-Hale Perneller Chubb-Wilson Jeff Arti s Ted Edlich Vernice Law Tom McKeon John Baker Melody Stovall Mark McConnel Dr. Floyd Davis Honorable Linda Wyatt Honorable Rupert Cutler Lee Wolfe Rolanda Russell Brian Townsend Jan Bruce .' ~ ;; 1 'I I ~ I 1 , :1 '~ , ., . _.....,-.~'""'.,~ ~.: .. - " ATTACHMENT TWO DR MARTIN LUTHER KING JR. BRIDGE COMMITTEE RECOMMENDATIONS SUMMARY GREEN SPACE - PARK · REMOVE OVERHEAD LIGHT POLE ON WEST SIDE · ATTEMPT TO USE EXISTING FENCE AROUND PERIMETER · GRADE AND RE-SEED ALL SLOPES · SIDEWALK CONNECTIONS TO BRIDGE AND GAINSBORO GARAGE · UTILIZE MONUMENT I OBELISKS I QUOTES · BENCHES AROUND CENTERPIECE . REFUSE RECEPTACLES · UPLlGHTING FOR LANDSCAPING AND STATUE BRIDGE · MEDALLIONS AT EITHER END OF BRlDGE- NAME I LIKENESS OF DR. KING · NAME IN PAVEMENT AS ALTERNATIVE · LIGHTING ON BRIDGE AS PER CONCEPTUAL PLAN · STAIRWAY I ELEVATOR AS OPTION TO PROJECT · PROVIDE BETTER FLAIR I ABUTMENT OF BRIDGE ON SOUTH END AT SALEM AVENUE · DIRECTIONAL SIGNAGE TO BRIDGE AND MEMORIAL .,. . ATTACHMENT THREE DR. MARTIN LUTHER KING, JR. BRIDGE APPROXIMATE COSTS OF PROPOSED COMPONENTS OF MEMORIAL STATUE MEDALLIONS AT BRIDGE ENTRANCE (4) AUDIO - VISUAL STATIONS (4) OBSERVATION PLATFORMS SUBTOTAL $100,000 -150,000 $ 10,000 $ 20,000 $ 25,000- 30,000 $ 2,800 $ 2,400 $ 75,000 - 90,000 $ 30,000 - 35,000 $ 265,000 - 340,200 $ 200,000 - 225,000 $ 465,000 - 565,200 BENCHES (4) TRASH RECEPTACLES (4) MLK PARK LIGHTING PARK LANDSCAPING STAIR I ELEVATOR TOWER TOTAL Dr. Perneller Chubb-Wilson Brenda Hale Rev Ed Mitchell Linda Wyatt Mignon Chubb-Hale Rolanda Russell E Duane Howard Karl Kleinhenz Harold Plott Scott Hodge Jeff Artis Sandy Artis Wendy Moore Matt Miller Shane Sawyer Eddie Wells Dr. Wendell Butler Lee Wolfe Alison Blanton Barbara Duerk Jessica Fagan Ava Coles Mark Cathey Frank Eastburn Ed McPherson . . Attachment Four Dr. Martin Luther King Jr. Memorial Open House Attendance List June 14, 2004 * * * * * ** ** * * * *Committee Members **Employees Granger McFarlane Bill Modica Robert Gravely John Rogers Steve Buschor Helen Davis Bessie Bond Florine Brown Mary Gallney Evelyn Bethel Deborah Moses Linas Maleiska Mac McCadden Jan Bruce Ms. A. B. Roberts Ms. M. B. Roberts David Diaz Gregory Jones Bruce Brenner * . 1 , j i . , ~ I j 3 i .~ I f ~ '! j ", ~ ** ** * ** *Committee Members **Employees ATTACHMENT FOUR (continued) OPEN HOUSE Comments . Excellent plan . I particularly like the park and statue. Only question - do we need the vehicular traffic or can it be a pedestrian bridge? . The plans are a great beginning . My specific concerns are for the overall quality and the importance of memorial effect given his brutal murder. An elevator is necessary to link visitor center walkway to bridge and memorial. . Large-size statute 16' minimum on pedestal . Some effort to make a living memorial for example a second means to show film/video of Dr. King · Increase the pressure of his audio remarks add to the walk-ways from statute . Coordinate this with the King Center in Atlanta via the Commonwealth Commission on Dr. King . I am more than happy to volunteer as a participant in the next phase of planning . If done correctly this will greatly enhance the downtown visitor center and Gainsboro community history. · Keep up the great effort. Increase the budget to assume high quality workmanship throughout project · The future is not a matter of chance, the future Is a matter of choice . The future is not something to be dreamed of, the future is something to be achieved · Need way to recognize local civil rights "heroes". If not here in/on Lick Run Greenway with sponsored bricks/squares . I realize there are a lot of elements to be evaluated in this type of project but would appreciate reporting on another alternative . Is it possible to maintain by re-ironizing the structure to maintain the historical significance of the bridge? ~.. ;; - - '~ ~ . With major arteries on both sides, is it necessary to have vehicular traffic to obtain federal funding? · Why not consider using the bridge as a destination? Can you visualize it as a sculpture garden and walkway? This would help It remain as a bridge and as an attraction to downtown Roanoke. (An alternative to consider before proceeding) . Concern of traffic flow into Gainsboro and could this have been planned better? . Very pleased with structural design and the innovation it will bring once it has been completed. However, I see that it has been drawn over budget. Where is the money coming from to complete the project? · Prefer non-traffic bridge, otherwise concept is good . Who will pay the cost for maintaining bridge and park? Mostly the maintenance of elevator (repair). If elevator is built near Norfolk Ave side, how will the (possible) entrance of 1-73 into Roanoke affect the park and Gainsboro as a whole? (possible re-zoning area) . First, the plan set up is backwards - instead of reading left to right I had to totally envision it from right to left. · It is an open bridge - it should be closed like the bridge leading to Wachovia Tower. . The plans do not help those who walk or use the bridge while the memorial bridge is under construction . The open bridge will be too icy during the winter months (please consider this in the planning process) . Also pictures of Dr. King could be placed on display while pedestrians walk across . Elevators would be great too . The decision have a bridge or this new bridge named in honor of Dr. King was made WITHOUT public approval . The committee was not representative of the Gainsboro or black community · I have seen this plan and do not approve. I think the plan should be done away with and a new committee/plan developed to represent the community .,.. _~. .,.......'V).,..-._..."'-.<_..,.'...r_""""'...,_,,,.."""~~... '.__'__'_",~,"""'.'_.. "_, ".' ,_._ ._. "~'~>~__" _ -,,_..-,-_.~:'.- -"'~"----.-.,...... ...' . · Go to the people first before a decision is made by the establishment . Rather than "open house" several "meetings" should have been held for the public. In addition the hours today are not fair, most people are working. . Roanoke Valley Preservation Foundation is not opposed to the MlK Memorial component of the project . We believe strongly that the bridge should remain a vehicular route to maintain a viable link between Henry St and downtown . We believe that the bridge is a significant historic structure that is potentially eligible for listing on the state and national registers for it rarity as 1 of 2 iron bridges remaining in Roanoke and its historic association as a physical link between the historic African- American commercial district and Downtown Roanoke. It should be listed as either an individual landmark or as a contributing structure to either the Henry St. Historic District (pending), the Gainsboro Historic District (pending) or the N&W Railway Historic District · We believe that given the significance of the bridge, every effort should be made to renovate the bridge rather than replace it. An objective structure analysis from a preservation engineer should be conducted to fully assess all options . The historic bridge is important to the African-American neighborhood where so much historic fabric has been removed . The historic bridge is an important part of the Railroad heritage and is located at the center of an area that has redeveloped on the basis of its railroad heritage. (N&W passenger station, Link Museum, Warehouse Rowand Railwalk) . The city should take the time and spend the money to be a good steward of its historic resources. Additional grant money could be available to pay for the renovation. With time and careful consideration, this could be a win-win situation for everyone! We are willing to help in any way. ,-.,. '-~"-'. ,,~.,.. -__.' "~"~rR ,.- · The idea of linking MLK Memorial to historic Henry St/Gainsboro is wonderful. It is important to have a pedestrian link from the HEC and HR to downtown and Campbell Ave district. This bridge is ideal to provide both the practical link and the philosophical link of Roanoke's historic Gainsboro and the struggle of MLK and all minorities for full citizenship. . I also like the park and especially the elevator to the railwalk and transportation museum which allows visitors to enjoy it all at once. . The design is well thought out, practically reasonably priced ($ 500,000) and very welcome . Next revitalization of Dumas and Ebony Club properties and the new Crew Suites office complex will secure the future of Henry St and preserve the past. I travel widely to enjoy history and cultural areas . I hope Roanoke can become a destination that will draw visitors from all over, encourage community pride and enhance the reputation of our great City . Congratulations to the bridge committee for work and dedication . Our suggestion save the bridge . We ask that you review and reevaluate the decision to demolish the present bridge . The bridge is an important historical element of the railroad and Gainsboro community . Need to save the integrity of the area and not proceed with a new bridge . The character of the iron bridge Is compatible with the character of the surrounding building in the area . The bridge also represents Roanoke's history - the last iron bridge representing the industrial version of Roanoke's history . Iron bridge can be restored as evident of other areas in us and Europe . Roanoke's engineer and architects agreed that it can be done . "Will take time and money but can be done" . The iron bridge and its significance in the community would honor and due justice to MLK more than a newly constructed bridge .....,..,.,...,.. - ~. ~ J. · Regrets Roanoke has destroyed so much of its history . Don't let (Henry St bridge), 1st St bridge be another on the list · The design for the surrounding memorial garden suggest further study with additional ideas and proposals submitted before the selection of the final design . Select from among several ideas and recoml11endatlons . Without prior public notice Councilman Alfred Dowe, Jr. at a 9:00 am City Council session suggested that the First Street Bridge should be named to honor Dr. Martin Luther King, Jr. . No public meetings were held to inform citizens about the bridge . I believe citizens should have been provided another option with an opportunity to vote on what/how they prefer to honor Dr. King . The First Street Bridge is historical and should remain and be preserved as that - a historical bridge · The bridge should be used as a PEDESTRIAN only overpass in accordance with prior City Council action · In my opinion the Gainsboro community, which has three active neighborhood organizations should have had representation from each . Alice Roberts and Margaret Roberts who are lifelong Gainsboro residents have so much knowledge about the First Street bridge. They should have had an opportunity to serve on the committee . A select group of people cannot and should not decide a memorial for Dr. Martin Luther King, Jr. · Their decision may have been corrupted by the "promise" of federal funds. These funds were requested by Congressman Bob Goodlatte and stipulate that the bridge be vehicular . In conclusion this selection committee appointed by City Manager Darlene Burcham had too many members who did not attend meetings on a regular basis. Local individuals and staff with special knowledge about Historic Preservation and creative re-use of important sites and structures should have been utilized . I have never supported naming the First St bridge in honor of Dr. Martin Luther King, Jr. Gainsborough Southwest Community Organization 401 Gainsboro Road, Roanoke, VA 24016 March 16, 2004 Mr. Ralph Smith, Mayor Members of Roanoke City Council 215 Church Avenue SW Roanoke, VA 24011-159l Honorable Mayor and Members, We want to thank Ms. Rolanda Russell and Mr. Jan Bruce for their presentation to us of the plans for the replacement of the Henry/First Street Bridge from downtown to Gainsboro across the rail tracks. After listening to their presentation and discussing the matter among ourselves, we would like to ask you to refurbish the existing iron bridge rather than replacing it with a new steel bridge. The present bridge is of significant historical importance to Roanoke and Southwest Virginia and should not be discarded when it is possible to save it. Thank you for your positive attention to our request. Sincerely yours, ~;{f ~t- (~ William T. Reinhold, president ~. 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The.. ~"""ld~c cvou)rl r Y-o v e..... :!''d- Lv c> b ) ~ \.. ve.- S tn1 ell f . .. (~) n" eo cl LS i 5' Y) ct Ih e. ~ LL.:'(' Y () \.Nn d 1 -<} j t"--/) e.. YY1 0 '( I' a-) G d ...el e 'n n e. e..-rl 5, -f, '-'- y- +- A ~ r STu..d, Vv ,t-h :d-clcLT,uY)<J-/ "Yn?~!~ profoSd--/s. V '('e-6oYn1?1e"h d.;;J.. [<';;'<7 S S v...J::, J1J /-He,J b~ove rh e Cc,:n.1'? m ,f') e. c Yh l.<..l<:e..s ';;;J. ~/V)<r/ dt:.J-l,sJOY)J \~ f Co mIl') En J) F! r ( 0 oIl : [,'\ ~~"\-ll1V\ q l TI'YYtv OY) d St-~_d ~I p s. , Th ~ hd-~- \y\ of T~c O. VJ. L C"Y"\ (\. YVl ~ ~ u h7 \' t-s Co L I 'C. G 1- J 0 I;~ r' 'ct ~ T t r "I c... ~ C'_ Y\ t I' l(j r-, Ie '(' t' cl a ~. QIountlJ. of ~oanoke DIANE S. CHILDERS CLERK TO THE BOARD Email: dchilders@cQ.roanoke.va.us P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 (540) 772-2005 FAX (540) 772-2193 BRENDA J. HOLTON, CMC DEPUTY CLERK EmaU: bholton@co.roanoke.va.us June 25, 2004 Ms. Mary F. Parker, CMC Clerk, Roanoke City Council 215 Church Avenue, SW Roanoke, VA 24011 Dear Ms. Parker: Attached is a copy of Ordinance 062204-13 approving the execution of an operating agreement with the City of Roanoke and the Western Virginia Water Authority, and authorizing the conveyance of real estate to said authority. This ordinance was adopted by the Board of Supervisors at their meeting on Tuesday, June 22, 2004. If you need further information, please do not hesitate to contact me. Sincerely, ~~~~ Brenda J. Holton, CMC Deputy Clerk to the Board of Supervisors Attachment ,,"- ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 22,2004 AN ORDINANCE 062204-13 APPROVING THE EXECUTION OF AN OPERATING AGREEMENT WITH THE CITY OF ROANOKE AND THE WESTERN VIRGINIA WATER AUTHORITY, AND AUTHORIZING THE CONVEYANCE OF REAL ESTATE TO SAID AUTHORITY WHEREAS, the City of Roanoke (the "City") and the County of Roanoke (the "County") have concluded that a "full service" water and wastewater authority would be the best vehicle for ensuring the citizens of their localities the most reliable means of providing water and wastewater treatment at the lowest cost and best rate for customers, as well as providing the best service; and WHEREAS, the Virginia Water and Waste Authorities Act, Title 15.2, Chapter 51, ~~15.2-51 00, et sea., Code of Virginia (the "Act"), provides full authority for the City and the County to create an independent authority that would be responsible for the supply, treatment, distribution and transmission of water and the collection and treatment of wastewater; and WHEREAS, the City and the County have created the Western Virginia Water Authority (the "Authority"), guided by the following principles: 1. That the assets and liabilities of the City and of the County water and wastewater utilities would be merged into one full service authority created pursuant to the Act, to be responsible for the supply, treatment, distribution, and transmission of water and the collection and treatment of wastewater. 2. In establishing and operating the Authority: a. Both localities would have equal representation on the Authority's governing body. b. The assets and liabilities of the City and the County utility systems would be pooled. 1 , c. Over a mutually agreeable period of time, the water and wastewater treatment rates of the City and the County will be equalized; WHEREAS, in incorporating the Authority, the City and the County agreed that the purposes for which the Authority was created are to exercise all the powers granted the Authority to acquire, finance, construct, operate, manage and maintain a water, wastewater, sewage disposal, and related facilities pursuant to the Act; and WHEREAS, the real and personal property being conveyed to the Authority is being made available for other public uses in accordance with Section 16.01 of County Charter; and WHEREAS, the first reading of this ordinance was held on June 8, 2004, and the second reading and public hearing was held on June 22, 2004. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1 . That the Chairman of the Board of Supervisors of Roanoke County, Virginia, or the County Administrator, is hereby authorized to execute on behalf of the County the Operating Agreement among the Authority, the City and the County. This Operating Agreement conveys to the Authority the City's and County's water and sewer systems, and the Authority agrees to provide water and sewer utility services to the City and County using the system at just and equitable rates to all customers. 2. That the Authority will assume the liabilities and obligations of the County relating to the water and sewer system which were incurred in the ordinary course of business, and it shall pay to the County the principal and interest amounts due on the outstanding bonds. . 2 3. That the conveyance of the real property identified in Exhibit B of the Operating Agreement from the County to the Authority is hereby authorized and approved. 4. That the transfer and assumption of the obligations and liabilities identified in Exhibit D, the transfer of the ownership of the motor vehicles identified in Exhibit I of the Operating Agreement, and the transfer of the ownership of the equipment and furnishings identified in Exhibit K of the Operating Agreement from the County to the Authority is hereby authorized and approved. 5. That the County Administrator or any Assistant County Administrator is hereby authorized to execute such documents as may be necessary to accomplish the purposes of this ordinance or to effectuate the provisions of the Operating Agreement. 6. That this ordinance shall be effective from and after the date of its adoption. On motion of Supervisor Altizer to adopt the ordinance, and carried by the following recorded vote: AYES: NAYS: Supervisors McNamara, Church, Wray, Altizer, Flora None A COPY TESTE: &;A~'~~' lku~ Brenda J. Ho on, CMC Deputy Clerk cc: File Paul Mahoney, County Attorney Diane Hyatt, Chief Financial Officer Gary Robertson, Director, Utility Mary Parker, Clerk to City Council . 3 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk June 24, 2004 File #60-247 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 36739-062104 amending and reordaining Chapter 26, Sewers and Sewaae Disposal, Code of the City of Roanoke (1979), as amended, by adding, amending, and repealing certain sections in order to conform such sections with changes necessitated by implementation ofthe Western Virginia Water Authority, effective July 1, 2004. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 21, 2004. Sr\Y~ J jJ ~ Mary F. Parker, CMC City Clerk MFP:ew Attachment Darlene L. Burcham June 24, 2004 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 HonorableJoseph 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) Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32316 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 William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget Bruce Grant, Director of Finance and Administration, Western Virginia Water Authority, c/o County of Roanoke, 5204 Bernard Drive, Suite 300-C, Roanoke, Virginia 24018 Jean M. Thurman, Secretary, Board of Directors, Western Virginia Water Authority Michael T. McEvoy, Director, Utilities It;!: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. ND. 36739-062104. AN ORDINANCE amending and reordaining Chapter 26, Sewers and Sewage Dis{losal. Code of the City of Roanoke (1979), as amended, by adding, amending, and repealing certain sections in order to conform them with changes necessitated by the implementation of the Western Virginia Water Authority ryvVW A); providing for an effective date; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Chapter 26, Sewers and Sewage DisDosal, Code of the City' of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: ARTICLE I. IN GENERAL * * * Sec.26-1.1. Applicability of rules, regulations and sewer use standards of the Western Virginia Water Authority. All applicable rules, regulations, and sewer use standards of the Western Virginia Water Authority (WVWA) shall apply to any sewer service or use and any sewage treatment or discharge provided through or to any facilities or property of the city. Sec. 26-1.2. Authorization for the Western Virginia Water Authority to enforce provisions of this chapter. The Western Virginia Water Authority (WVWA) is hereby authorized, to the extent permitted by law, to enforce all applicable provisions of Chapter 26 of the Code of the City of Roanoke (1979), as amended. in order to carry out the WVWA purposes of providing water, sewer service, and sewage treatment to the residents of the city. I:\WVW A\Chapter 26 SEWERS AND SEWAGE DISPOSAL Code Amendmenl.doc 1 Sec. 26-2. Use of house or building without approved method of disposal of sewage prohibited. It shall be unlawful for the owner of any house or building used as a place of human habitation, any warehouse, any public building or other place where human beings congregate or are employed in the city to use or occupy, or to rent or lease the same for the use or occupancy by any person, or for any person to use or occupy the same unless and until the house or building shall have been supplied or equipped with an approved method of disposal, of human excreta. Such method of disposal shall comply with the provisions of this chapter and the regulations of the state department of health and the rules and regulations of the WVWA. Sec. 26-3. Mandatory sewer connections. The owner or person constructing a house or building as described in Sec. 26-2, on property abutting in any manner upon a street, alley, public right- of-way or public easement through which runs a public sanitary sewer, shall be required to connect such house or building with such sewer in accordance with the provisions of this chapter and the rules and regulations of the WVWA. Any person who shall fail to make such connection, after sixty (60) days notice from the city maaager WVWA, shall be guilty of a violation of this section. If a public sanitary sewer line is not abutting such property, an off-site extension of the existing public sanitary sewer system shall be made in accordance with the provisions of this chapter. Off-site sewer system requirements are described further in section 26-8. Sec. 26-4. Permit Authoization for sewer connections. (a) It shall be unlawful for any person to make a connection to any public sanitary sewer, unless a permitauthorization so to do has been issued by the city maaagerWVWA. ,^.ppliCaliea fer slIell j'lemHt ffillSt be made ia writiag by tlle oWller or alItllorizes ageat ef tlle pF6j'leFty iavolves, at least twellty f-our (21) lIems bef-ore tlle csmmeaceffieat of tlle work. SHcll applicatioa sllall giye tile exact locatioa of the property, the aame of the owaer aas the aaffie of the persoa emj'lloyes te malee the ceaaectiea. (b) The city maaager shall issue and keep a recor.e of all permits reqHir-ed by this sectioa, and SHall see tllat slIcll cellllectiolls are ia accordance with the staadard plans aad sj'leeifieatiells j'lreseribed therefor. See. 2' 4.1. Sewer connection fees and charges. Sewer oOllaectioa fees and CHarges shall be such as are, from time to time, fixed and prescribes l;Jy tlle city coullcil. TlIese fees aas ellarges shall be paid (a) ia full at tlle time the apj'llicatioa required by sectiDlls 2€ 1 or 2€ g of this article is filed, or (b) pHFGUaat to tlle def-erres paymeat program set f{lrth ia section 2 178.2 of this Code. 1:\WVW A\Chapter 26 SEWERS AND SEW AGE DISPOSAL Code Amendment.doc 2 Sec. 26.5. , Plans and specifications for connection of private drain or sewer to public sewer. All connections of private drains or sewers with to the public sewers Elf within the city shall be made in accordance with the rules and regulations and plans and specifications therefor prescribed by the city managerWVWA. " Sec. 26-6. Responsibility of plumbers or persons for dalTIage to sewers or streets. The licensed plumber or any other person who connects any private drain with a public sewer shall be fielEI responsible for any injury 'lie !flay €iffi5eand damages that may result to the sewer or any public street or alley. HeSuch plumber or person shall restore the public street or alley to its former condition to the satisfaction of the city manager, *** Sec. 26-8. Extension of sanitary sewers within city. (a) Upoa llf811er llfllllieatisa for tlle eff site ~tellsioa of a llublio sanitary se'l\'er withia tlle eity, tlle eity sllall bear oae half of tlle eoastruetioa oost of suell exteasioa aall tlle aplllioant shall llay tlle otller one lIalf of the eoastruetioa eost tllereof aall aay additioaal eost, less aay er-ellits, as llrovillell ia tllis seetiea. If the eity partieillates ia tlle coastruetion eost sf tlle off site ellteasioa, payrneat by the oity shall be eue upoa eOHljlJetioa Ily the llfllllieaat, aall aeeelltaaee sf sHeh exteasioa by tlle eity. }\a off site saaitary sewer is llefiaell as aay sewer system loeatee or to Ile looatee oHtside sHeh hOHse er bHilding's llroperty. The eff site sewer system shall be a pHillie saflitary sewer liae loeatell ia a street, alley, pHillie right of '.vay er pulllie easemeat. (Il) The applieaat shall llesiga aall iastall aa sff site llublie gravity sewer maia to serve its pf811erty. All desiga for pulllie sewer maias sllall be perf-efffiee Ily a professioaal eagineer, lieensed ia the COHlHloa'1.'ealtll of '1irgiaia, aad must be approved by tlle eity. If an exteasiclB of aa off site pulllic gravity se.....er main to the llrsflerty is lleteFHliaed aot to be feasible by the city maaager aHe to its leagth, depth, aeyelopmeat, sllllsurfaee conditions or cost, tlle applieaflt shall desiga liBll iastall a pHlllic pressllfe ss',yer main .....ithia tlle llublie Fight ef way or publio easement. (0) If a house or IlHildiag is ooastructed at an elevaticlB tllat lloes BOt permit gravity flow iato tlle publie sewer system, a private pLlmpiag facility shall be csastruoted for sHoh lIsHse er builcIiag. The pHmpiag faoility shall Ile located oa pri...ate property, with a private llFeSSHfe sewer servioe liae ooaaeotiag sHch faoility witll the llHblic sewer maia. It shall be 1:\ WVW A \Chapter 26 SEWERS AND SEW AGE DISPOSAL Code Amendment.doc 3 tfle reafloasibility of the owaer to lHaiataia the fllllflJ'liag fadlity aad related liaes oa tile owaer's flFGflerty. No pemHt to use suoh fasility shall be issued uatil slloh time as tflere is reoorded ia the offiee of the derk of eireuit eOllrt a maiateaaaee agreelHeat bet'::eea the owaer aad tile dty, whereby the owaer aHd the owaer's heirs, graatees, slleeessors ia iaterest, aHd assigas, agree to maiataia slleh f-aoilities. (d) If aa ellteasioa of the off site publie pressllre se'Ner lHaia is HOt deteflIliaed feasible by the sity lHaHager dlle to its leagth, deflth, develoflmeat, sUBsunaoe ooaditioas or eost, the aflfllieaat lHay iastall a sefltie taak eoastruoted ia aeeoFdaaee with the rules aHd r-egulatioas of the state depar..meat of health. ( e) Credits will be allowed towar.as the iaereaaed eosts f-or aay off site ellteasioas if the oity r-equires a liae size ia exeess of the miaimum size required to serve tile llflplioaat. Credits will be eqllal to oae hlladr-ed (I (0) pemeat of the differeaoe ia oost fer fumishiag aad iastalliag tile miaiffilllH liae size aad fUffiishiag alld illstalliag the liae si",e othef\'iise required BY the eity to serve tile llfljllieaat. (f) Tile flaYlHellt by aay flersoll of any eests or ehllfges as set furth ia tllis seetioll sllall HOt relieve slleh fler50a frolH the fla)'fllellt of all saaitary sewer eeaaeetioa oosts, illellldiag the eoaaeetioa fees flreseribed by tile eOllaeil pUfGllaat to seetioa 2li 1.1 of tllis Code. (g) Not'llitllstalldillg aay other pwvisioa of this Code, wbeaever the abuttiag OWIlef' is able to establish Haaadal iaa"ility to flay legally ilHposed obarges illeideat to sueh eJltellsioa, tbe eity IHWlager may flf8Yide for the aeeessllfY work aad laBor to aeeofflplisb slIeh ooaaeetioll aad lI\lthorize the paymellt of sueh ellllfges ia lHolltllly illstalllHeats for a fleFiod HOt to eJ18eed fiye (5) yellfs from tile date slIell ellllfges iaitially aeerue, witll iater-est at the legal rate. SlIell deferred fla)'lHeats shall "e evideaeed by a Bote aad seellr-ed by a deed of trust OB the property served by tile ellteasioB to be reeorded, '.'.'itllollt expease to the eit)', ill tile elerk's offiee of the eifCuit eourt of tile oity. Any.extension ()f a public sanitary sewer within the city shall be done only with the authorization from the WVWA pursuant to the rules and regulations of the WVWA. Sec. 26-9. Easements for flublis sewers and storm drains. Whenever, in the course of the authorized construction or extension of any portion of the city's system of public S8'.vem or storm drains, it is planned to construct any part thereof over privately owned property and the owner of such property is willing to donate and convey to the city, without charge, a perpetual easement and right-of-way therefor which conforms to the plans and specifications for the project and such owner has tendered to ]:\ WVW A \Chapter 26 SEWERS AND SEWAGE DISPOSAL Code Amendment.doc 4 the city a deed of conveyance therefor, upon such form as is approved by the city attorney, the city manager is hereby authorized to accept such conveyance, on behalf of the city, and cause the same to be forthwith delivered to the city clerk for recordation in the appropriate clerk's office. Sec. 26 10. Contracts far sC','I'er service out!Jide corporate limits. The city manager is Hereey aHthorized, lIpell proper llflplieatioll therefor ia '.vfltiag, to eater iato writtea eoatraets with the e"1:aefS or Iileeapants of properties loeates oatside the corporate limits, Ilot ',vitmn areas at the time serves with sewage treatment services ey the city anser allY existiag coatract with Roanoke Coenty, providing fer the city's traasmissioll ans treatment of sllch owner's or occepllflt's sewage er other '::astes, sllch cOlltracts to be lIpOIl a staasard form of eelltract to ee' prepares aas approves by the city attorney, bet to provise, inter alia, for the fello'.viag: (1) .'1. conaectiell charge, in an affieHllt prescribes by the coalleil shall be pTOvised f-or and pais fer each lInit conaectioa. (2) The rate for traasponiag aad treatillg se"l:age or '.'Iastes shall ee based Hfl0B \.:ater conSaInpti8f1 tEl be detemllaea as set f<0rta ia seetioH 26 25 of tms chapter; provided, however, any aflplieallt may, at his or its sele e)_pease meter sech sewage after receiving .,yrittell approval frem the eity manager of the methes alld meteriag se'/iee to be lIses. (3) The eharges for saeh transportatioll and trcatment shall be as established, frem time to time, ey ordia8flce of the coalleil of this city. (1) The cOllnectioll charge for places ofelisiaess, indllstrial operations, manllfactllring companies aas all other applicants f-er sllch service, ether than domestic lIsers, shall Be fixed by the city manager. (5) The sewage transmissioll aad treatmellt ser'/ice to Be reaaer-es by the city may be siscontialled '::ith or ',yithollt notice lIpon aonpaymeat of any charge alle to be pais the city for SHch sen'ice and ia the eVeH! of sach discoatillllance of service for lIoapaymellt of a charge or charges, or ill the eveat ef a recoHllectioll of aay prior service, siscontinlles by agreement, a restora!ioll and recoanectioll eharge of tell sollMs ($10.00) shall be made BY the city aas paid by such aflplicllflt. (6) The mOllthly sewage tF8l1smissioll aad treatment charge shall, ill all cases, commence as of the date of actllal ceaaection to the city's pHblie sewer system aad, except for sllch cOllaectioas as may heretofore have been made, the coallectioa CHarge hereinaBove pro vised shall be paid prior to the malting of such connectioa. (7) f.ny contract ellteTed into lIaser tHis seNion SHall Be termiaable by the applicallt at allY time upon payment of all charges tlJeretof-ere accrued I:\WVW A\Chapter 26 SEWERS AND SEW AGE DISPOSAL Code Amendment.doc 5 agaiast sajEl apfllieaat alld tllat aa)" sllell eoatmet may ire tel'llliaateEl by tile eity at ll!lY time Hflea Sillty (80j Elays' flrisr astiee to sHell applieaat Elr oeeHpllflt of tile eity's iateatioa so tEl tenniaate. Sec. 26-11. Discharge of contents of septic tank cleaning trucks into sanitary sewer. (a) No owner or operator of a septic tank cleaning truck or other similar vehicle shall discharge the contents thereof into the eft;fs-public sanitary sewer system at any location, public or private, other than as provided for and approved by the WVWA. A violation of this section shall constitute a class 1 misdemeanor. at the Iseatlofts at the eity's sewage Heatmellt plallt apprsveEl by tile eity mllllager. Tile eity fHllIlager shall iaspeet eaell truek load to be Elisellarged iato sllell system llIld sllall lIave the rigllt to rejeet any SHell truek load .....hieh, ia his sfliaioll, eSlltajas allY materials '.vhkh eOHld ha'le aa aEl'/erse efieet ell the oflefatisa of the sewage treatment plalll. The eity manager silall eaHse a list of SHeil objeetioaable materials to be !'lssted llIIEI maEle available ts llIIY iateresteEl persoll; howeyer, he shall haye the right ts rejeet truel. leads eoataiaing other materials, if ia his opiRioa, SHeil materials eOllld have aa adyeFse effeet oa the operatioa of the sewage treatmeRt pllllll. (b) The o.....aer sr sfleratsr sf every septie taRk eleaniag tmek or similar vehiele E1eliyeriRg the esateats thereof at the eity's sewage treatment !'llant for treatment shall pay to the eity for SHeil serviee a eharge, in the afHoHRt preseribeEl by the eOHfteil. SlIeil eharge shall l3e flaid at the time of sHeh delivery; !'lrsviEleEl, that pemoRs regHlarly eagageEl ia sHch bHsiness and makiag regHlar aelivery sf sHeh loads may, HpOR apfllieatioR aHa Hpon establishmeat to the satisf-aetisa ef the eity manager sf a r-eeore of gooEl ereElit aaa prompt paymeat of sl3ligatioas, make paymeRt of all sHeh eharges oa a mORthly basis, withia tea (10) E1ays after majliag, by the eity mllllager, of a bill for eharges ineHffeEl aHriag the flreeeEliRg moath; other::ise, aD slIeh vehicle whose load silall haye beea aees!'lted for malmeRt shall be pennitted to leaye tile premises of the sewage treatmeat !'llllllt Hntil sHeh eilarge has beeR flaiEi. Sec. 26-12. Backflow preventive valve for sanitary sewer drains. (a) All building sanitary sewer drains that are known to be subject to backflow of sewage by the overcharging of the public sewer system shall be provided with a backflow preventive valve which shall be installed near the inner face of the building's basement wall or, if there is no basement, such valve shall be installed in an outside line and provisions made to service such valve. The installation of a backflow preventive valve shall be inspected by the WVWA and/or the city manager. Such valve shall meet the technical requirements established by seetioRs P 1003.3, P 1003.~ aaa P 1003.5 of tile bllilaiag code the applicable provisions of the Uniform Statewide Building Code adopted by section ~ 7-5 of this Code, and l:\WVW A\Chapter 26 SEWERS AND SEWAGE DISPOSAL Code Amendment.doc 6 such valve shall be installed in accordance with seetions P HlQ3.2 and P 1003.6 of such building code and any regulations promulgated by the WVWA and/or the city manager, which shall be available for public inspection. *** (c) It shall be the duty and responsibility of the building owner or his designee to maintain the valve required by this section in prqper working condition. The failure of any building owner to install or have installed such backflow preventive valve, or the failure of any such owner or lessee, where the lessee is responsible for maintenance, to maintain such backflow preventive valve shall relieve the city and the WVWA of any and all liability for damage caused as a result of sewage backflow. * * * .^,RTICLE ll. SEW:\GE TRE:\TMe~!T .^~"!D DISPOS1\L CH.-^.RGES GENER.\LL Y See. 26 :23. Definitions. The fsllowing wonls and pMases, 'lIhen Ilsed in this article, shall, fsr the pllfposes sf this artiele, ha'le the f-ollswing Feapecti'le mellRings, elleept where the contellt dearly indieates a siffeFent meaaiag.: Charges: The f-ees or charges imposes under this article for the treatmeat lIRd diaposal sf sewage. PUF€haser: E'lery persen "liho pHrchases water. Seller: Every persea who sells or furnishes water. See. 26 24. Violations of aFtiele. .'\ay seller 'liolatiag the prsvisioas of this article, aIld My officer, ageat or employee of aay seller violatiag the previsioas of this article, shall be gllilty sf a Class 1 mfsdemeansr. Coayictioa of Sllch violatioa shall aet relieve aay sllch peraoa from the paymeat sf the charges iHljlssed by this article aad due from him. See. 26 25. Imflosed; Opfllieation; eomflutation. (a) There is hereby imposed by the city, upoa the several dasses of Ilsers, as setined ia sectioa 26 13, dischargiag '."later, se'Nage or other effllleace into the city's sanitary se'.\'er system tMSllgh facilities owned or coatrolled BY them, or pemliuiag others se Is do, for the tr-eatment llfld dispssal of Stich sewage, charges in sllcll amsllat as are prescribed from time to time by the city cOllacil; proyided, Ilowever, that tile eity manager may, from time to time, cause the charges prescribed f-er Class IH users to be promted. 1:\ WVW A \Chapter 26 SEWERS AND SEWAGE DISPOSAL Code Amendment.doc 7 (b) The charges illlflosed uader this sectioa upI'm tire several claoses of H5eFS shall apply to: (I) fJI regular eity water customeFS, based Hpoa water eoasHmed and ShO';/R oa the customers' periodic water 13i11s, less iaereased cllarges, if llHY, illlflesed for pHmpiag; pre'/ided, howe'/er, that ia lieH of tile aeeve, llHY clistomer may, at his sole eJlpeaOe, meter Ilis sewage, after Feceiyiag wnneR llflflfeyal of the city mllilager of the metllod or metenag deyiee to !:Je used. (2) 1\}1 coasumers ef uametered '.vater fr-em llH iadiyidHa! er iadepeadeat ',yater COlllflllHY, baoee! Hpoa water eORsumed as tile same wOlile! lu!",'e beea showa OR the eHstomer's fleriodie water bill had slich !:Jill 13eea calclilated aRe! readered !:Jy tile eity. (3) All Fegular coaSlimers ef metered 'Nater from an iae!ividHal €Jr iadepeadeat '.vater compllHY, 13asee! upoa 'Nater eoaslimed as tile same wOlild lla'/e 13eea sllowa OR the Emstomer's flefiodie ';/ater !:JiIlllad suell13i11 !:Jeea ealclilated llild readered!:Jy the city. (4) .\11 peFsoas wllose SOliFee of water is from aRY weller otller sUflflly aot furnishee! ia tile maRaer stated ia flaragrllfllls (I), (2) er (3) of this sHbsectioa, basee! UpOR water soaslimed as tile same 'Nolile! have beeR showa ea the cHstemer's periodie \'/ater !:JiIIllae! slicll13i11 beeR ealclilated llHd reae!ered by the city. (5) .\11 perSORS '.vhose SOlirce of water for a siagle establishmeat or eRterprise is furnished frem two (2) or more of tile SOliFces meat1eRed ia paragraphs (I) throligll (4) of tllis subseetioa, based upea '.yater coasumed as the same '.yould haye 13eeR sllowa oa the customer's periodie 'l/ater bill hae! such bill 13eea caleHlated aRd reRderee! !:Jy the oity. ec) Except as e€JRtelllfllated ia flaragFllj3hs (I) aad (5) of su13sectiea (b) of this sectioR, the charges heFeby imflosed shall !:Je complited eR eaell '.vater eOIlIleetiefl or serviee. See. 26 26. Metering OF meosllFing woteF disehoFged into seweF system. 'Nhcre practicable, a meter of a type elirreatly Hsed 13y tile city's 'l,'ater system shall be Hsed ia detemHaiag the amoHat of water ROt fHFflished ia the maRaer stated iR paragraphs (I), (2) or (3) €If sH13sectiea 213 25(13), blit aeyeltheless beiag discharged iato the city's sllHitary sewer system; or if it is ROt practicable to meter the same, by slich etller method of meaouremeRt or estimatioR as the city maaager shall deem to be fair aRd eCjHitable. I:\WVW A\Chapter 26 SEWERS AND SEW AGE DISPOSAL Code Amendment.doc 8 See. 26 27.' ReductioR. Persons not diseharging the entire volHme af ',.;ater Hsed by them inta the city's sanitary sewer system shall Be a1la\'/tJa a reduetian in the eharges iHljlosed Hnder this artiele, if sueh perDans install, at their expease, facilities satisfactory to the eity manager far measuring the valume either diseaargea ar Rat aiseharged into the oity's saaitary sev;er system. See. 26 28. WileR payable. The eharges iHljlosed by seetioR 213 25 upan persons ebtaining water from the SOHrees mentioaed iR paragraphs (1), (2), (3) ana (5) of sllBseetian (1l) of SHea seetion, shall Be aile alla payable Oil the same aay' as taeir respeetive .",ater bills. Tae eharges so imposea upon persons obtai Ring water from the souree mentionea in paragraph (4) af sllBseetion (1l) of slleh seetion shall be payable montltiy ana saall Be due aa reeeipt af the bill therefor. See. 26 29. CollectioR geReFally; Feports to diFeetoF of tiRaRee. The eharges iHljlosea lIaaer tbis artiele shall be ealleetea BY eaeh aistriblltor Elr seller of "vater ff{)m the pllrehaser thereElf ana all sHeh eharges shall be paia BY the pllrehaser to the seller thereof f-er the lIse of the eity at tae times that the perioaie pllrehase priees for slIeh water shall beeome alle alla payable llnaer the agreement Betweea the pllfehaser aaa the seller. It shall be the allty af every slleh seller, in aeting as sueh eEllleeting meaillm Elf ageney for tlle eity, to eolleet from the pllrehaser, for the lIse of the eity, the eharges imposea lInaer this aFliele, at tlle time of eolleetiag his periodie water eharges alla Beth the a/Hellnt of his water bills aaa the amount of tlle eharges eolleetea dllring eaeh ealenaar /Honth shall be reported by eaeh seller te tlle aireetor af finanee on or befoFll the fifteenth day of the moath next following, together with the aame aad aaar-ess of aRY pllrehaser whe has refllsea to pay the eharges imposed Imaer this artiele, and the amollRts of slleh eharges aile frs/H him. Simllltaneollsly therewith, the seller shall remit to the eity /HlIRager all SliGh eharges so eolleeted aRa reported. TlIe reEjuirea repsR shall be in the form preseribea by the aireetor of fiRanee. See. 26 30. SelleF's FeeoFes. Eaeh seller shall keep eomplete reeoras sho'.ving all pHrehases sf "vater from him in the city. Sm;h reesras shall sllew the priee ehargea against eaeh purehaser with respeet to tlle pHreaase, the aate thereef, the date ef payment thereof ana the amoHnt of tlle ellarges imposed lInaer this artiele. Slleh reeor-ds shall be kept open fef inspeetion by the aHly allthefizea agents of the eity at reasonable times, ana tHe fHll y aHthorizea agents of the eity shall have the right, power lIRd alllhority to make transeripts thereof dllfing SHeH times as they may desir'll. I:\WVWA\Chapter 26 SEWERS AND SEWAGE DISPOSAL Code Amendment.doc 9 See. 26 J1. Dllty of diFeetoF of finonee to eolleet; disposition of funds. The direetor of finanee shall 13e empo'Nered to and eharged 'l/itH tile dllty of eolleeting tHe eharges ilBJ30sed Ilnaer this artiele and shaIl eatlse all money so eolleeted to 13e aeposited in 13anks, as direeted by the eity treasllrer, to the ereait of the "City of Roanoke Sewage Treatment Fllnd. n *** ARTICLE ill. SEWER USE STANDARDS Sec. 26-43. Definitions. *** Control authority for purposes of this article only shall mean the eity manager or his WVWA or its duly authorized representative. * * * Normal Wastewater means wastewater discharged into the sanitary sewers in which the average concentration of total suspended solids and BOD is not more than two hundred fifty (250) mglI, total phosphorus is not more than fifteen (15) mglI, total Kjeldahl nitrogen is not more than eighteen (18) mg/l and total flow is Hot more tHan t'Nent)' five tHollsand (25,000) gallons per aayand the discharge is not subject to 40 CFR Part 403. * * * Plant means the City of Roanoke WVWA's Regional Water Pollution Control Plant. * * * P.O.T.W. means a publicly-owned treatment works; a "treatment works" as defined by Section 212 of the Act (33 U.S.c. Sec. 1292) which is owned by the eityWVWA. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant. * * * Public sewer means pipe or conduit carrying wastewater or unpolluted drainage in which owners of abutting properties shall have the use, subject to control by the eityWVWA. 1:\ wvw A \Chapter 26 SEWERS AND SEWAGE DJSPOSAL Code Amendment.doc 10 *** Storm sewer means a ~ city owned sewer which carries storm and surface waters and drainage and into which domestic wastewater or industrial wastes are not intentionally passed. *** User charge means the charge made to those persons wh,o discharge normal wastewater into the ~ WVW A's sewer system. This charge shall inclllde a propoftienate share af any capital improvements to the system (carital costs). * * * Wastewater treatment plant means any atyWVWA-owned facilities, devices and structures used for receiving, processing and treating wastewater, industrial wastes and sludge from the sanitary sewers. *** Western Vindnia Water Authority (WVWA) means the Western Virginia Water Authority, a public body corporate established pursuant to the Virginia Water and Waste Authorities Act, Chapter 51, Title 15.2, Code of Virginia (1950), as amended. Sec. 26-44. General requirements. (a) All discharges into any public sewers shall conform to the requirements of this article; the Virginia Department of Health, this chapter, and the rules and regulations of the WVWA; however, the federal categorical pretreatment standards as amended, 40 C.F.R. Chapter I, Subchapter N, Parts 401-471, or any standards imposed by the Virginia department of environmental quality, water programs or its successor in authority, as amended, are hereby incorporated by reference where applicable and shall take precedence where such standards are more stringent than those set forth in this artieleabove. (b) No significant industrial user or other user as determined by the control authority shall discharge industrial wastewaters into the sanitary sewer system without an appropriate industrial waste discharge permit as provided in this article and the rules and regulations of the WVWA. *** (d) Unless authorized by the Virginia department of environmental quality, water programs or its successor in authority, no person shall deposit or discharge any waste included in subsection (c) of this section on 1:\ WVW A \Chapter 26 SEWERS AND SEWAGE DISPOSAL Code Amendment.doc 11 public or private property in or adjacent to any natural butlet, watercourse, storm sewer or other area within the jurisdiction of the city. *** (g) In the event of an emergency, as determined by the control authority, the control authority and/or the city shall be authorized to immediately halt any actual or threatened discharge. *.* * Sec. 26-47. Discharge of garbage. (a) No person may discharge garbage into public sewers, unless it is shredded to a aegree tllat all partieles eaa ile earried freely under tile fiB''''' eonditions nBfffially prevailing in puillie se'.vers. Partieles greater tllan one half ineh in any dimeasion ar-e llrehiilited.except as may be authorized by the WVW A. * * * Sec. 26-48, ' Discharge of stormwater and other unpolluted drainage. (a) No person shall discharge into public sanitary sewers: * * * (3) Any other substance or item prohibited by the WVW A. (b) The eoatrol autlloritycity manager shall designate storm sewers and other water courses into which unpolluted drainage described in subsection (a) of this section may be discharged. *** Sec. 26-55. Measnrement, sampling, etc., and report of discharges. (a) The owner of each facility discharging other than normal wastewater or discharging Group A wastewater shall upon the written request of the control authority submit monthly, or at other frequency as may be required by the control authority, to the ~WVWA, on forms supplied by the ~WVWA, a certified statement of the quantities of its wastes discharged into the sewers and sewage works of the ~WVWA or into any sewer connected therewith. Copies of pertinent water bills may be required to be submitted with the above statement. Such documents shall be filed with the ~WVWA not later than the tenth day of the following month. A separate statement shall be filed for each industrial plant. The I:\WVWA\Chapler 26 SEWERS AND SEWAGE DISPOSAL Code Amendment.doc 12 total quantities of wastes to be measured and certified by the person so discharging shall be established by the control authority and shall, as a minimum, include: * * * (c) In order to provide for accurate sampling and measurement of industrial wastes, each person discharging Group A wastewater, or other regulated wastewater, if deemed necessary by the control authority, shall provide and inaintain, on each of its industrial waste outlet sewers, a large manhole or sampling chamber to be located outside or near its plant boundary line, where feasible. If inside the plant fence, there shall be a gate near the sampling chamber with a key furnished to the eityWVWA. There shall be ample room provided in each sampling chamber to enable convenient inspection and sampling by the ~WVWA and/or the city. * * * Sec. 26-57. Waiver or modification of requirements of article. The control authority shall have the right to waive or modify as may be allowed by the WVWA, on an interim basis to be noted in any permit issued under this article, the requirements of this article as they pertain to strength of contaminants. No such waiver or modification shall be granted contrary to any city, state or federal regulation and. no waiver or modification shall be granted, if it would result in the ~WVWA violating its discharge permit, as it is now issued or as such permit may be amended. Sec. 26-58. Charges generally. Persons making discharges of industrial waste shall pay a charge to cover the cost of collection and treatment in addition to capital costs as provided for by the WVWA. When a permit application for industrial waste is approved, the city, the WVWA, or its authorized representative shall issue a permit stating: (I) The terms of acceptance by the city or the WVWA; and *** Sec. 26-59. User charges and added costs. User charges and added costs shall be set by the WVWA and paid to the WVWA as set forth in its rules and regulations. (a) If the vol lime or character of the waste to be treated by the city meets the reqBirerneflts of other proyisiefls of this article and E10es flet calise oyerloading of the sewage collectieR, tmatmeflt Elr E1isposal facilities I:\WVW A\Chapter 26 SEWERS AND SEW AGE DISPOSAL Code Amendment.doc 13 of the city, the control aHthority shall r-e(]uire that the t!i.chllf'ger pay a chllf'ge te Be eetermfaed ff{)m the sehedule sf ehllf'ges whieh shall inelude capital eosts. (b) If preps see t!i.ehllf'ge sf ',yaste i. reoponsible for eJleeeeing the ellisting eapaeity of the 'lIaotev/ater treatment faeilities and the '.vaste',yater treatmeat plllllt ffiIlSt Be upgraded, expanded or enlllf'get! ia ort!er to treat the wastewater, the eSRtrol allthority shall f-e(]llire that the t!isehllf'ger pay ill full all aE!E!et! essts v.bieh shall illeJllE!e eapital eosts the eity may iaellr dlle to aeeeptanee of the waste'.vater, (e) The senedule of ehllf'geo pllrsuallt to sllBseetion (a) sf this seetioll shall ineluE!e, BHt not Be limited to: (1) Capital eosts, iReludiag deBt retiremeat llIlE! iaterest en deBt, ef the city's eost. on all eapital outlays for eolleeting llIld tr-eating the waste, iaeIudiRg new eapital oHtlay ailE! the pfOpeftienate part of the value sf the existiRg system used in handling ant! treating '/Iaote; anE! (2) Operation and maintellallee eests (eapitalized), iaelueing Imt nst limited to, salllf'ies ant! './ages, power eosts, eests ef ehemieal. anE! sl1pplies, proper allo'/lllllees for maintenanee, depreeiatioll, overhead and offiee ellpease. See. 26 6(1. Sehedllle of ehorges, (a) Persoas disehllf'ging wastewater shall pay a ehllf'ge to eoyer the capital eost ana the eost of eolleetioll llfIa treatmellt sf all waotewater dischllf'gea. (1) iVl Clas. I Hsero dischllf'ging aeRBal wastewater sr GroHp B waotewater shall pay a user ehllf'ge eompHtet! llpOIl eosts per '/slllme of wastewater disehargea. (2) /.11 Claos II llsers dischllf'ging Grsllp ^ waste'.yater shall ha'/e their Hser chllf'ge eompl1ted Hpoa a eo.t per llnit '/olume basis for the ba.e amollat pll1s the Hnit eo at of treatmeRt f-or all eyer the Base amouRt for volllme, bioehemieal oxygea demaaa (BOD), sl1spendea soliss (SS), phosphsFlls (P), and total Kjel8ah1 Ritrogen (N). !II eOlflj'lHtillg the contaiamellt loadiag, the parameter eoneentrations for aORBal waste'll'ater will be eSFlsidered a. stalldllf's strength in aetermiaing the base amollnt in the emu eat disehllf'ge flow. Initially, the responsibility f-or deterHHning the eOlltaminant lsaaiag for eaeh category of establishmellt will be that of the control allthority. Howe'/er, each establisfllfleBt mll.t verify its myn csntaminant lsading monthly by initiating a sampling aIld analytical program at its own expense and with the approval of the control authority. 1:\WVW A\Chapter 26 SEWERS AND SEWAGE DISPOSAL Code Amendment.doc 14 (b) The IInit costs to be IIsed to eeHlflllte the eharge for ClaDs I ans II IIsers shall be establishes by the eOlltrol EIlIthority. The IInit eests fer all IISeFS alla the alle'.'Ianees for llefHlal wastewater fer IIsem may be revises as neeessary te eeffiJspond to ellITent eests !IRS eJ,periellee. Reyisiolls may be made, no more eFtea thall enee per year, IIpea approval of the eentrDI alllhoritj'. The lIser eharge fer IIsers shall be eemplltes as folle-::s: ClaDs I Users: CII VII)( 'lEi Class II Users: Cs - VII)( Vd I Vs I 'Ie I Bs I Be I Se Se ! Ps Po I Ns Ne And; T:\BLE INSET: CII '". ,.-" , T Cs Va Unit Cost sf treatmeat ehargeaale to nSfHlal n,." ^"^ _., , "a Volllme of \~laste\~/ater from nsrmal " AAA ". \ , ','5 '.'eh:lfBe of Class H '.yastewater (1,000 gals.) ill eJwess of Class I waste'.vater 'TO Cost of treating 1,000 gals. of Class H ,,,.,, Aron _" , Bs Class II \~/aste\~:ater BOD eSlltriblltiell III eJ,eess of Class I wastewater limit (l13s.) Be Cost of treating ClaDS II BOD eentriJollltioll f$IHr.1 Ss Class II wante'::ater SS eOlltri13l1tiea in exoess of Class I waste'.vater limit (las.) Se Cost Elf treating Class II SS eelltriblltioll f$IHr.1 Ps Class II waste,>vater phosphorus eOlltri13l1tion ill elleess of Class I waste'.vater limit (lbs.) Pe Cost ef treatillg Class II pllesphsrus eOfltriblltioll ($f.Ib.) Ns - Class II ....;astewater uaoxidizea nitrogell cOlltri13l1tiofl in exeess of Clans I wastewater limit (Ias.) Ne Cest af treating Class II pilespherus eOlltriblltiofl ($l1a.) See. 26 (it. :\djllstment of eil8Fges, (a) Tile elty may adjllst oharges at least aHllllally to refleet oaanges in the oharaoteristies of wastewater 13ased on tile r-eslllts of sampling ana testing. I:\WVW A\Chapter 26 SEWERS AND SEWAGE DISPOSAL Code Amendment.doc 15 (b) Tile eity shall review atleaGt aHnllally the basis fer determining eharges and shall adjllst tee Ilnit tr-eatrnellt east in tae fermllla ta refleet inereases or deereases in wastewater treatment eosts based an the pr-evialls year's e)[perienee. 8ee. All 112. BiIliRg aREI paymeRt of charges. (a) The eity may bill tee diseearger by tee monte sr by tee Ejllarter alld shall silo..... ',vaste eharges as a sepafate item an tile reglllar bill for water and sewer eaarges. Tile diseharger seall pay ill aeeardanee wite praetiees existing for payment of sewer eilarges. (b) In additioll to sanetions previded fGr by tais artiele, tee eity is elltitled ta exereise sanetions provided fGr 13y tee otaer or-dinanees sf tae eity fer failllre to pay tile bill for water and sanitary sewer servise weell ffile., Sec. 26-63. Right of entry to enforce article. (a) The control authority and other duly authorized employees, agents, or representatives of the city and/or the WVW A bearing proper credentials and identification shall be authorized to enter any public or private property at any reasonable time for the purpose of enforcing this aFtielechapter for sampling purposes, inspect monitoring equipment and to inspect and copy all documents relevant to the enforcement of this aFtielechapter, including, without limitation, monitoring reports. (b) Appropriate information submitted to the control authority and/or the city pursuant to these regulations excluding any information utilized in determining effluent limits may be claimed as confidential by the submitter at the time of submission by stamping the words "confidential business information" on each page containing such information. If a claim is asserted, the information shall be treated in accordance with applicable law. Sec. 26-64. Authority to disconnect service. (a) The city reserves the right to request the WVWA to terminate water and wastewater disposal services and disconnect a customer from the system and revoke any discharge permit issued under this article when: *** (2) A governmental agency informs the city or the WVWA that the effluent from the wastewater treatment plant is no longer of a quality permitted for discharge into a watercourse, and it is found that the customer is delivering wastewater to the ~WVWA 's system that cannot I:\WVW A\Chapter 26 SEWERS AND SEWAGE DISPOSAL Code Amendment.doc ]6 be sufficiently treated or requires treatment that is not provided by the €ityWVWA as normal domestic treatment; or *** (b) If service is disconnected pursuant to subsection (a)(2) of this section, the e#yWVWA shall: *** (3) Continue disconnection until such time as the customer provides additional pretreatment or other facilities designed to. remove the objectionable characteristics from ffisits wastes, * * * Sec. 26.66. Penalty for violations. (a) A person who violates the provisions of this article shall be guilty of a Class I misdemeanor and upon conviction is punishable by a fine of not more than two thousand five hundred dollars ($2,500.00) per violation per day and confinement in jail for not more than twelve (12) months, either or both. In the event of a violation, the control authority shall also have the right to terminate the sewer and water connection and the city shall have the right to request the WVWA to terminate such connections. (b) Alternatively or in addition to proceeding under authority of subsection (a) of this section, the control authority and/or city may provide that administrative civil fines be assessed against any person who violates the provisions of this article or any orders, rules, regulations, or permits issued hereunder or pursuant to the city's and/or the WVWA's enforcement response plan. Such administrative civil fines may be in an amount up to two thousand five hundred dollars ($2,500.00) per violation per day, the amount to be set by the WVWA and/or the city manager. Each day on which a violation occurs or continues shall be deemed a separate and distinct violation. The enforcement of such administrative civil fines may be had through the courts of the Commonwealth of Virginia in addition to any other legal means available to the WVWA and/or the city. In addition to the administrative civil fines provided for herein, the WVWA and/or the city may also recover reasonable attorney's fees, court costs, court reporter's fees, expert witness fees and other expenses of litigation by an appropriate suit at law against any such person found to have violated the provisions of this article or any orders, rules, regulations, or permits issued hereunder or pursuant to the city's and/or the WVWA's enforcement response plan. (c) Alternatively or in addition to proceeding under authority of subsections (a) and/or (b) of this section, the control authority and/or city is entitled to pursue all other criminal and civil remedies to which it is J:\WVW A\Chapter 26 SEWERS AND SEWAGE DISPOSAL Code Amendment.doc 17 entitled under authority of state' statutes or other ordinances of the city against a person conducting a prohibited discharge or violating a pretreatment standard or requirement, including, without limitation, injunctive relief. (d) Any person who knowingly makes any false statements, representations or certifications in any application, record, report, plan or other document files required to be maintained pursuant to this article or by the WVWA, or wastewater permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article or, by the WVWA shall, upon conviction, be punishable by a fine of not more than two thousand five hundred dollars ($2,500.00) per violation, per day, or imprisonment for not more than twelve (12) months, or both. (e) The control authority and/or city manager shall be authorized to implement such other program and enforcement mechanisms as are consistent with regulatory guidelines and are deemed appropriate. Sec. 26-67. Payment of costs for work required by prohibited deposits. In any case where a sewer main or pipe connection is stopped or choked by any materials or rubbish being deposited therein contrary to the provisions of this article, by any tenant or property owner, upon due ascertainment by the city maHager, he WVWA, it shall cause the main pipe connection to be opened, cleaned or repaired, and shall cause the cost of doing such work to be collected from the property owner. The payment of such cost shall not relieve any person from the prosecution for a violation of this article. * * * 2. This ordinance shall be in full force and effect on and after July 1, 2004. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is dispensed with. ATTEST ~~ A ~ .J I tvJvv- City Clerk. I:\WVW A\Chapter 26 SEWERS AND SEWAGE DISPOSAL Code Amendment.doc 18 CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE. SW ROANOKE, VIRGINIA 24()1I-1595 WILLIAM M. HACKWORTH CITY ATIDRNEY TELEPHONE: 540-853-243] FAX; 540--853-122] EMAIL cityatty@ci.roanoke.va.us TIMOTHY R. SPENCER STEVEN J. TALEVI GARY E. TEGENKAMP DAVID L. COLLINS HEATHER P. FERGUSON ASSISTANTCITY ATTORNEYS Honorable Ralph K. Smith, Mayor and Members of City Council Roanoke, Virginia June 21,2004 Subject: Amendment to Chapter 26, Sewers and Sewal!:e Disposal, of the Code of the City of Roanoke (1979), as amended Dear Mayor Smith and Members of Council: The Western Virginia Water Authority ("Authority") will begin operation July I, 2004. Ownership and operation of the City of Roanoke's and the County of Roanoke's water and sewage facilities will become the assets of the new entity as of July 1, 2004. Because of this, several changes to the City Code are necessary. Specifically, certain sections of Chapter 26, Sewers and Sewall:e Disposal, of the Code of the City of Roanoke (1979), as amended, need to be amended and other sections repealed as a result of the creation of the Authority. Because the Authority will establish its own rules, regulations, fees, and charges, sections of Chapter 26, Sewers and Sewage Disposal, which pertain to rules and regulations, general operation of the Water Pollution Control Division of the Utilities Department, fees, and charges will no longer be applicable and need to be either amended or repealed. The amendments revise the definition of certain terms in the Sewer Use Standards, delete any reference to activities no longer governed by the City, and specifically add the Authority to certain sections to reflect the existence of the Authority and authorize the Authority, to the extent permitted by law, to enforce such code provisions. Our office has worked with counsel for the Authority on these Code revisions. It is my recommendation that Chapter 26, Sewers and Sewage DisDosaI. of the Code of the City of Roanoke (1979), as amended, be amended to be in full force and effect on and after July 1, 2004. With kindest personal regards, I am WMH/GET/lsc c: Mary F. Parker, City Clerk Darlene L. Burcham, City Manager Michael T. McEvoy, Director of Utilities S incerel y yours, (J~~.~ William M. Hackworth City Attorney I:\WVW A\CounciI Letter Amend Chapter 36 Sewers and Sewage Disposal.doc .."'...."..,,,-.... .....~.~~".. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk June 24, 2004 File #24-27-468 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No, 36740-062104 repealing 9935-1 through 35-4, of Article I, In General, and amending and reordaining 9935-14, 35-16, 35-17, and 35-23, repealing 9935-22 and 35-26, of Article II, Carvins Cove Natural Reserve, and repealing 9935-42 through 35-56, of Division 2, Boatina, of Article II, Carvins Cove Natural Reserve, of Chapter 35, Water, of the Code of the City of Roanoke (1979), as amended, adding appropriate references to the Western Virginia Water Authority, and repealing those sections no longer applicable as a result of creation of the Western Virginia Water Authority, effective July 1, 2004, The abovereferenced measure was adopted by the Council of the City of Roanoke ata regular meeting which was held on Monday, June 21, 2004. ;;:y~ l ~ Mary F. Parker, CMC CiW Clerk . MFP:ew Attachment Darlene L. Burcham June 24, 2004 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 HonorableJoseph 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) Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32316 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 William M. Hackworth, City Attorney Jesse A, Hall, Director of Finance Sherman M, Stovall, Director, Office of Management and Budget Bruce Grant, Director of Finance and Administration, Western Virginia Water Authority, c/o County of Roanoke, 5204 Bernard Drive, Suite 300-C, Roanoke, Virginia 24018 Jean M. Thurman, Secretary, Board of Directors, Western Virginia Water Authority Michael T, McEvoy, Director, Utilities /, .....\., I ~) \o~, l.>~\\ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No, 36740-062104, AN ORDINANCE repealing SS35-1 through 35-4, of Article I, In General, and amending and reordaining SS35-14, 35-16, 35-17, and 35-23, and repealing SS35-22 and 35-26, of Article II, Carvins Cove Natural Reserve, and repealing SS35-42 through 35-56, of Division 2, Boating. of Article II, Carvins Cove Natural Reserve, of Chapter 35, Water, of the Code ofthe City of Roanoke (1979), as amended, adding appropriate references to the Western Virginia Water Authority, and repealing those sections no longer applicable as a result of the creation of the Western Virginia Water Authority; providing for an effective date; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: I. Sections 35-1 through 35-4, Article I, In General, of Chapter 35, Water, of the Code of the City of Roanoke (1979), as amended, are hereby repealed. See. 35 I. Rilles aml reE:lllatisfls f-or oaeratiofl of',yater division. Rilles ailS regulatiofls governiflg tile operation of t.fie eity's water division shall be establisiles by resolution of the eily eouflcil. Sec. 35 2. Ccrtain material not to be Ilsed in water distfiblltion llifles or Rttines. (a) In all Hew cOflslrnction Ilsing water distrieation pipes and in tile sueseqllent rejlair or r6jllaeemeflt of any of the same, gal',-anized fCFfOIlS pipe or fittings shall Hot be used. (b) ,,'\By pemon conyieted ofyiolating this section shall be Jlunishable by a fifle of Hot more than one thollsand dollafS ($1,000.09). Sec. 35 3. Water eonnectioR fees and eharges. Water cOllflection fees and clllH"ges shall be such as are, from time to time, fixed and prescribed by the city cOllncil. a-ca.-water 06/11/04 1 See. 35 1. Serviee ehan:es. The rates and eharges to Be eollested fer '.vater ser/iee furnished 13)' the sit)' shall Be as llresenees frem time te time BY the eit)' eOlHleil. * * * 2. Subsection (b) of 935-14, Application of article; definition, and 935-16, Designation and use of restricted area, of Division 1, Generally, of Article II, Carvins Cove Natural Reserve, of Chapter 35, Water, ofthe Code ofthe City of Roanoke (1979), as amended, are hereby amended and reordained, by amending the definition of the term, "Carvins Cove Natural Reserve", and by the addition of a reference to the Western Virginia Water Authority and the City of Roanoke, to read and provide as follows: 935-14. Application of article; definition. * * * (b) Unless indicated to the contrary, the term "Carvins Cove Natural Reserve," as used in this article, shall mean all ofthe land, aRslimd UHaerwater, owned by the city, situated partly in the County of Roanoke and partly in the County of Botetourt, and extending beyond the watershed ofCarvins Creek, eontaifJffig llfljlre)(imately twelve thelisana (12,900) aeres. Such property shall not include property owned by the Western Virginia Water Authority. * * * 935-16. Desi~ation and use of restricted area. That part of the Carvins Cove Natural Reserve situated immediately above and within approximately five hundred (500) feet of the dam, inelliaing laRa aR8 ':/ater, shall be a permanent restricted area and the boundaries thereof suitably marked by either the City or the Western Virginia Water Authority as agreed. Any portion of the ~ boundaries within the Carvins Cove Natural Reserve may be reasonably extended or contracted, from time to time, in the discretion ofthe city manager. The establishment of this restricted area is for the specific purpose of safeguarding the city's water supply. However, the dam may be visited by persons on foot within the Carvins Cove Natural Reserve only for the purpose of obtaining general views of the dam and adjoining area. Employees ofthe city, when engaged in the performance of their duties, may visit the restricted area at any time. o-ca-water 06/11/04 2 3. Section 35-17, Designation and general use of recreational area, of Division !, Generallv, of Article II, Carvins Cove Natural Reserve, of Chapter 35, Water, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, by amending subsection (b), to revise recreational privileges, to read and provide as follows: g35-17. Designation and general use of recreational area. * * * f3j(l) 81(2) ~(3) f6j(4) Recreational privileges, for the purposes of this article, are hereby classified as: FishiRg, Boating, with the use of gasoliae boat metors Rot eJ,eeeeliRg teR (10) hOfG8j3ewer, exeept for e1esigaateel patrol pemoIlRel autherizeel by the eity mBHager, Picnicking, Hiking, Bicycling, and Horseback riding. (b) (1) (2) * * * 4. Section 35-22, Fishing, of Division 1, Generallv, of Article II, Carvins Cove Natural Reserve, of Chapter 35, Water, of the Code ofthe City of Roanoke (1979), as amended, is hereby repealed. See. 35 22. Fishiag. (a) It shall be lawful f-or all persoRs who eemp'ywith this artie'e lII1e1 the laws of the state te fish withiR the CarviRs CO'le Natural Reserve bep-veeR 6:39 a.m. BHel9:30. p.m. !fam }\flrill tlrrellgfl OctoBer 31 of lII1)' ealeRelar year, aRel8:30 a.m. aRS 6:30 p.m. !fom Navember 1 through Mareh 31 ef aR)' ealeRaar year, without paying lII1Y f-ea te the city for the privilege of fiohiag auriag those hOllrs. (b) Fishiag shall Be permitteel ia the CarviRs Ceye }!ataral Reserve !fom boats, from the share aReI, wheR estab'isheel, from fishiag piers, bat Ret !fam Boat piers er withiR the Boat seeks. Ne fish, of any leiaa, takea ffom the waters ofthe area SHall be sola er Barterea. (c) Ne afjaatie bait, inelasiag BlIt Hot limitea ta minnows or ether fiSH, erayfish or !fogs, SHall Be lIGea ia fishiag iR the Carvins Ceve Natural Resene. No aquatie o-ca-water 061111D4 3 bait eontainers shall be in the possession of aBJ' person in the Carvins Cove N atlH'al Reserve. 5. Section 35-23, Swimming prohibited, of Division 1, Generally, of Article IT, Carvins Coye Natural Reserve, of Chapter 35, Water, of the Code of the City of Roanoke (1979), as amended, is hereby amended to read and proyide as follows: Section 35-23, Swimming prohibited. It shall be unlawful for any person to swim, wade or bathe in the reservoir, or in any stream flowing into the reservoir within the Carvins Cove Natural Reserve. * * * 6. Section 35-26, Smoking or lighting flame on pier, of Division 1, Generally, of Article IT, Carvins Cove Natural Reserve, of Chapter 35, Water, of the Code ofthe City of Roanoke (1979), as amended, is hereby repealed. See. 35 2B. Smoldnl!: or liclltilll2: flame on eier. No persen shall smoke or light awl flame on a boat pier in the Car/ins Coye Naooal Reserve. * * * 7. Sections 35-42 through 35-56, of Division 2, Boating, of Article IT, Carvins Coye Natural Reserve, of Chapter 35, Water, of the Code of the City of Roanoke (1979), as amended, are hereby repealed. DIVISION 2. BOf.TING See. 35 42. CeneFully. Beating shall be permitted en the reserveir 'Nhenever the areu is epen for reereational pllflleses within the limits set foFth in the provisions ef this division. See. 35 43. City Ilot resaensible for beats. The eit)' shall not be liaIJle, in an)' mar.Ber, fer the safety ef boats plaeed in the resen'oir or left in the Carvins Cove Natural Resen'e, nor for their theft or damage. o-ca-water 06/11/04 4 See. 3544. Boatllormits aHa oortifioates. (a) No pOYSOR shall plaoe a eoat 1lfl0R t.fie reservoir, either for regular or teffifloFarj Ilse, withollt first seollfiRg a pemlit for stlell. eoat from the oity HHlRager. ApJllioatioR fer SIlOH pormit shall ee filea on a f-erm proyiaed fer the pHfJlose. Sllo.fi ajlJllioatien shall ee aooompaniea ey a permit fee in sllell. amatlRt as is presorieed by the oity souRoil. Pormits shall ee issllea oRly f-or eaats OWflea ey resiElents of the City ofReORol,e, City of Salem, TawR afViRtoR, RaORake CollHly, Bearerd Cellnty er Betetellrt CellHly. !.jlpliollRts for permits may ee required te previde praaf of resideRsy and to oertify tHat tHe boat fer w.fiioH the pemlit is ajlplied Has Rot eeeR in any waters other thOR CarviRs Cove Natalal Reser.;e iR the tv,ellty ORe (21) days iRHRediatelypreoediRg tHe pfeposed laURell.iRg at the CarviRs Ceye Natural Reser/e. (b) Beforo a permit is isslled aRaer tIHs seetieR, t.fie boat shall ee iRsJleotea fer oompliORse Ylitll. tho proyisioRs of tIHs aiyisieR. If the boat is fetlna to be iR oompliaHoe with this aivisieR ORa safe fer oJleratieR OR tHe reserveir, t.fie oity mORager sHall assigH a Ramber te the eeat aHd issae a oeFlifioate for the beat. (0) V.'li8fl iR the CarviRs Cove NatlHal Reserle, peFSeRs iR aetllal ell.arge efeeats sHall hll'le their permits availaele at all times fer inSj3eetieR. (a) Tho sity manager may waive er medify t.fie reElllirements oftlHs seetioR fer BOatS operated ey the oity or ey OR)' state or fes8flll egeRey. (e) ",'lien iR the area, perseRs iR astaal ell.arge efeoats sIlall ha-'ie their pemlits ayailable at all times fer inspeetioR. Cf) The eity manager may, iR His diseretien, wai'ie er mesify tHe reEllliremeHts of tHis seotieR for boats operated ey the oity, er aHY state or feaeral ageRoy. 800.35 45. Beats te ee efsafe ORa sllbstantial tvee lIRa strnoture. ORly boats of safe aHa sllllstaHtial twe ana strnotlire sHall ee allewed on the reSOf"lOIf. Seo.35 Hi. Limitatien on leRctfl efbeat ana size efmoter. (a) It shall be anla-wful fer llflY perseR te eperate eR t.fie reserveir ORY boat C)weeaiRg tweRty (20) feet iR leRgt.fi or ORY boat pe'Nerea by a gaseliRe boat meter cmeeeaiRg teR (lG) horsepower. (b) This seotioR SHllll Bot apI'll)' te beats eperatea by oity, state er f-eseral empleyees wh8fl saoh employees are eRgagea iR t.fie perfermaHee eftheir duties. o.ca.water D6/11/S4 5 Sec. 35 47. Metal beats te ha'le adeauate air chambers. No metal beat Ylithellt air chambers adeqllate for flotation ef sach boat iH the event of eapsizing shall be brellgflt en the resefVsir at any time. See. 35 48. Meters with eaon ol[hllllStS llrehibited. Moters willi epen exhausts shall be prehibited, frem the reserveir, at all times. See. 35 49. Launcbing. No beat shall be Illlincbed in the reservoir at a place ether than at tHe regalarly establisHed docking area at the end of State Roale No. 648. Ne boat shall be lilliHohed antil it has been inspeeted by a city employee er agent. See. 35 50. Meering. (a) Ne beat SHall be left er allewed to remain in the Carlins Ceye Natlli'al Roser.e eVCJrnight. (b) ".11 beats meerCJd er tied lip at piers SHall be secured in Sllefl a manner as 'sill preyent t~em wem striking er damaging ellier beats Elf preperty. (e) ".II boats left in a definitely assigned spaee fer thirty (30) aays after the oJ[piratien efllie peried for which deeldng rental has been paid will be remo'led, at the e.l[penSe enhe ewnef. . (d) ".II boats meered er tied lip at piers shaH be seeared in sileR a manner as will , prevent tHem wom striking or damaging ether boats er property. See. 35 51. pflldent slleration reaairee: saeed limits. Eyery operator sf a beat on tHe reserleir shall at all times navigate and operate the same in a eareful and prudent marJler and at slleh rate of speed as net to eneanger ilie lif-c, limb or property of any perGon; bat in ne ease shall sueh rate ef speed exceed tweaty five (25) miles per hOlff. No person shall operate any beat at speeds in e)[cess ef SIOYI range WHen within: (1) Seventy fiye (75) yares of any pier. (2) Fifty (50) yams of any shere line. (3) TVleaty (20) yards of another beat. See. 3552. Right ofwav. THe follovling right of way rules SHall govern the operation efbeats on the resefVoir: o-ca-water D6/11/04 6 (1) Whefl t\vo (2) eeats lIflproaeli eEleh other lHuIerpewer amI on the saHIe eoW'Se, the operater ef eaeh shall keep to his right or stlli'eoard flassing the other eeat te his left er pertside. (2) Sail boats shall, at all times, hIP:e the right ef \YEI)' oyer pewer boats. (3) No boat shall eross the 130','/ of another eoat within a distaHee ef Hfty (50) yams. See. 35 53. Life 13resorvers. No eoat shall ee ased, at any time, en the reservoir, \H1less equiflfled witli a life preserver, a life jaeket or equivalent for eaeh flerson therein. Sueh liN flreservers, life jaekets or eqaiva":mt shall be oftY13es appreyed by the eity manager. 8ee. 35 51. Limitation on e_vine: fuel. No persen shall ellff"l in aflJ' boat on the reservoir, elle8flt in Hlled or stationary fuel tarnes, more than five (5) gallons orrael at anytime Bfld saeh fael must be in ene (1) eentainer. 8ee. 35 55. 013eraters aHd passene:ers not to be lIflder inflwmee of aleohol. No persen lIflder the inflllenee of aleeholshall eperate, er be a pElSseflger in, a beat en the reserveir at lIfI-Y time. 8ee. 35 56. 013eration efbeat at nicltt. i\ny person mEl)'lIse, eeeapy or operate an)' beat en the waters ef the reservoir betweefl 6:30 a.m. and 9:30 p.m. from }.prill tlH'eugh Oeteber 31 ef 1Hl)' ealendar year, and 8:30 a.m. IlIld 6:30 p.m. Kem Neyember I threagh M:areh 31 ef aflJ' ealendar year, in aeeordaHee ',vith all other lIflplieable leeal, state er feaerallaws er regalatiens. Emflloyees efthe eity, when engages in the perfermaHee eftheir saties may loise, oeeapy 0f operate a boat on the water efthe reserveir at any time. * * * 8. This ordinance shall be in full force and effect on and after July I, 2004. 9. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ^?\~ J. ~ City Clerk. o-ca-water 06/11/04 7 CITY OF ROANOKE OFFICE OF CITY AITORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE. SW ROANOKE. VIRGINIA 24011-1595 WILLIAM M. HACKWORTH CITY ATIORNEY TELEPHONE: 540-853-2431 FAX: 540-853- ] 221 EMAIL: cityauy@ci.roanoke.va.us TIMOTHY R. SPENCER STEVEN J. TALEVI GARY E. TEGENKAMP DAVID L. COLLINS HEATHER P. FERGUSON ASSISTANT CITY ATIDRNEYS June 21, 2004 Honorable Ralph K. Smith, Mayor and Members of City Council Roanoke, Virginia Subject: Amendment to Chapter 35, Water, of the Code of the City of Roanoke (1979). as amended Dear Mayor Smith and Members of Council: The Western Virginia Water Authority ("Authority") will begin operation July 1, 2004. Ownership and operation of the City of Roanoke's and the County of Roanoke's water and sewage facilities will become the assets of the new legal entity as of July 1, 2004. Because of this, certain sections of Chapter 35, Water, of the Code of the City of Roanoke (1979), as amended, need to be amended and other sections repealed. Because the Authority will establish its own rules, regulations, fees, and charges, sections of Chapter 35, Water, which pertain to rules and regulations, general operation of the water division, fees and charges, activities adjacent to the Carvins Cove Natural Reserve ("Reserve"), and boating need to be either amended or repealed. The amendments revise the definition of the Reserve to exclude that area currently in the Reserve which is being transferred to the Authority (since the City will no longer own this portion of the property and it is not located in the City, the City can not regulate it), delete any reference to activities no longer governed by the City, such as swimming and boating, and specifically add the Authority to certain sections to reflect the existence of the Authority. Attached for your consideration is a copy of the proposed ordinance which amends Chapter 35, Water, of the Code of the City of Roanoke (1979), as amended, effective July 1,2004. Please let me know if you have any questions about this ordinance. 'T' Honorable Ralph K. Smith, Mayor and Members of City Council June 21, 2004 With kindest personal regards, I am Sincerely yours, lJ~ ~,~ William M. Hackworth City Attorney WMH/SJT:s Attachment c: Darlene L. Burcham, City Manager Mary F. Parker, City Clerk Jesse A. Hall, Director of Finance Michael T. McEvoy, Director of Utilities H:\LTRS TO COUNCIL - SJnHMCCC-Water062404.doc Page 2 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk June 24, 2004 File #24 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 36741-062104 readopting and reenacting the Code of the City of Roanoke (1979), as amended, to ensure that those provisions of the City Code which adopt by reference State Code provisions shall be fully consistent with enactments of the most recent Session of the General Assembly. The abovereferenced measure was adopted by the Council ofthe City of Roanoke at a regular meeting which was held on Monday, June 21, 2004, and is in full force and effect upon its passage, S~y~ J~ Mary F. Parker, CMC City Clerk MFP:ew Attachment Darlene L. Burcham June 24, 2004 Page 2 pc: The Honorable Robert P. Doherty, Chief Judge, Twenty-Third Judicial Circuit of Virginia The Honorable William D. Broadhurst, Judge, Twenty- ThirdJudicial 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 Sheila N. Hartman, Assistant City Clerk, (For transmittal by electronic mail to Municipal Code Corporation) Municipal Code Corporation, p, 0, Box 2235, Tallahassee, Florida 32316 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 William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance George C. Snead, Jr., Assistant City Manager for Operations Rolanda B, Russell, Assistant City Manager for Community Development The Honorable Donald S. Caldwell, Commonwealth's Attorney A. L. Gaskins, Chief of Police ~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36741-062104. AN ORDINANCE to readopt and reenact the Code of the City of Roanoke (1979), as amended; and dispensing with the second reading by title of this ordinance. WHEREAS, by Ordinance No. 25043, adopted April 7,1980, this Council adopted and enacted a new code for the City of Roanoke entitled the Code of the City of Roanoke (1979) (hereinafter sometimes referred to as the "City Code"); WHEREAS, such Code, as amended, contains certain provisions which incorporate by reference portions of the Code of Virginia (1950), as amended, (hereinafter "State Code"); WHEREAS, from time to time, certain of these State Code sections which are incorporated by reference in the City Code have been amended by the General Assembly; WHEREAS, such amendments are a matter of public record which are set forth in the Acts of Assembly and supplements and replacement volumes of the State Code; and WHEREAS, it is the desire of this Council that those provisions of the City Code which adopt by reference State Code provisions shall be fully consistent with enactments of the most recent Session of the General Assembly; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Code of the City of Roanoke (1979), as amended, a copy of which is on file in the City Clerk's Office, consisting of Chapters 1 through 36.1, each inclusive, is hereby I:\o-readoptcode062104.doc readopted and reenacted. Such Code amendments heretofore and hereafter adopted shall continue to be known as the Code ofthe City of Roanoke (1979), as amended. 2. With respect to sections or provisions of the State Code incorporated by reference in the City Code, Council recognizes any amendments made to such sections or provisions of the State Code by the most recent Session of the General Assembly and hereby expresses the intent and ordains that such amendments to sections or provisions of the State Code incorporated by reference in the City Code shall be included in the City Code verbatim as enacted by the most recent Session of the General Assembly. 3. Any reference in the City Code to any section, article or chapter from former Titles of the State Code shall be deemed and construed to apply to the successor section, article or chapter of the State Code, comparable sections being set out in Tables of Comparable Sections for certain Repealed and Revised Titles published in Volume 10. 4. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. AT~T: () / ~~ )ra.~j~( City Clerk. CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE. VIRGINIA 24011-1595 WILLIAM M. HACKWORTH CITY ATTORNEY TELEPHONE: 540-853-2431 FAX: 540-853-1221 EMAll..: cityatty@ci.roanoke.va,us ELIZABETH K. DILLON STEVEN J. TALEVI GARY E. TEGENKAMP DAVID L. COLLINS HEATHER P. FERGUSON ASSISTANT CITY ATTORNEYS June 21,2004 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Reenactment of Citv Code Dear Mayor Smith and Council Members: Since 1982, City Council has reenacted and recodified the City Code on an annual basis in order to properly incorporate in the Code amendments made by the General Assembly at the previous Session to State statutes that are incorporated by reference in the City Code. This procedure ensures that the ordinances codified in our Code incorporate the most recent amendments to State law. Incorporation by reference is frequently utilized in local codes to preclude having to set out lengthy provisions of State statutes in their entirety. In addition, the technique ensures that local ordinances are always consistent with the State law as is generally required. The procedure whereby a local governing body incorporates State statutes by reference after action of the General Assembly has been approved by the Attorney General. See Report of the Attorney General (1981-1982) at 272. I recommend that Council adopt the attached ordinance to readopt and reenact the Code of the City of Roanoke (1979). If the attached ordinance is not adopted, City Code sections incorporating provisions of the State Code amended at the last Session of the General Assembly may not be deemed to include the recent amendments and may be impermissibly inconsistent which could result in the dismissal of criminal prosecutions under these City Code sections. Sincerely yours, U~h.~ WMH:f Attachment William M. Hackworth City Attorney _.- ""~~"'''''''_''~''''-'''' . ..-.--... -. " The Honorable Mayor and Members of City Council June 21, 2004 cc: Darlene L. Burcham, City Manager George C. Snead, Jr., Assistant City Manager for Operations Rolanda Russell, Assistant City Manager for Community Development The Honorable Donald S. Caldwell, Commonwealth's Attorney A. L. "Joe" Gaskins, Chief of Police Mary F. Parker, City Clerk Page 2 CITY OF ROANOKE Office of the City Clerk Mary F, Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk June 25, 2004 File #27-53-468 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms, Burcham: I am attaching copy of Resolution No. 36742-062104 approving the assumption of certain revenue bonds by the Western Virginia Water Authority, representing $17,511,501.00 Sewer Revenue Bond, Series 2003. The above referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 21, 2004, and is in full force and effect upon its passage. SA'Y~ 1 ~ Mary F. Parker, CMC City Clerk MFP:ew Darlene L. Burcham Page 2 June 25, 2004 pc: Donald G. Gurney, Esquire, Hawkins, Delafield & Wood, LLP 67 Wall Street, New York, New York 10005 The Honorable Evelyn W, Powers, City Treasurer Jesse A. Hall, Director of Finance Elizabeth A, Neu, Director of Economic Development Sherman M. Stovall, Director, Office of Management and Budget Jean M. Thurman, Secretary, Board of Directors, Western Virginia Water Authority Bruce Grant, Director of Finance and Administration, Western Virginia Water Authority, c/o County of Roanoke, 5204 Bernard Drive, Suite 300-C, Roanoke, Virginia 24018 ""'{; IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of June, 2004. No. 36742-062104. A RESOLUTION approving the assumption of certain revenue bonds by the Western Virginia Water Authority. WHEREAS, the City of Roanoke, Virginia (the "City") and the County of Roanoke, Virginia (the "County") propose to transfer their respective water and sewer systems to the Western Virginia Water Authority (the "Authority") pursuant to an Operating Agreement among the County, the City and the Authority. WHEREAS, the Authority proposes to assume certain revenue bonds of the County and the City, respectively, pursuant to an Assumption Agreement (the "Assumption Agreement") among the County, the City, the Authority and the Virginia Resources Authority. WHEREAS, the City issued its $17,511,501 Sewer Revenue Bond, Series 2003 (the "2003 Bond") to the Virginia Resources Authority. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 1. Authorization of Assumption Agreement. The execution and delivery of the Assumption Agreement by the City are authorized. The Assumption Agreement shall be in substantially the form attached to the letter of the Director of Finance, dated June 21, 2004, and may contain such changes, insertions, deletions or corrections as the City Manager and the Mayor, or either of them, shall approve, such approval to be evidenced conclusively by the execution and delivery of the Assumption Agreement. " \\FJN\206212.! 2, Execution of Documents. The City Manager and the Mayor, or either of them, are authorized to execute on behalf of the City the Assumption Agreement, and, if required, the City Clerk is hereby authorized to affix or to cause to be affixed the seal of the City to such documents and to attest such seal. Such officers or their designees are authorized to execute and deliver on behalf of the City such instruments, documents or certificates, and to do and perform such things and acts, as they shall deem necessary or appropriate to carry out the transactions authorized by this Resolution or contemplated by the Assumption Agreement; and all of the foregoing, previously done or performed by such officers or agents of the City, are in all respects approved, ratified and confirmed. 3. Effective Date. This Resolution shall take effect immediately. ATTEST: () ~~ -J. (a.J.t- City Clerk. -2- ...... CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., RDom 461 P.O. BDX 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-6142 ANN H, SHAWVER Deputy Director email: ann_shawver@ci.roanoke.va.us JESSE A. HALL Director of Finance email: jessc_hall@Ci.roanokc.va.us June 21,2004 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: Assumption of City's Series 2003 Sewer Revenue Bond from the Virginia Resources Authority (VRA) by the Western Virginia Water Authority Background and Current Situation: The Western Virginia Water Authority (Authority) will begin operating on July 1, 2004. Upon formation, the assets and liabilities of the City's Water and Water Pollution Control functions will be transferred to the Authority. Liabilities of the Water and Water Pollution Control funds include both general obligation bonds and revenue bonds. The general obligation bonds will be retained by the City with the agreement that the Authority will repay the City in amounts sufficient to cover debt service on the bonds. The operating agreement which will govern the formation of the Authority will include provisions for such payment to be made to the City by the Authority. The City's Series 2003 Sewer Revenue Bond from the Virginia Resources Authority (VRA), was contracted between the City and the VRA such that the debt could be assumed by the Authority upon its formation. The amount of this bond is $17,511,501. City Council approval is needed to authorize the Mayor to execute an agreement among the City, the County, the Authority, and the VRA whereby the Authority will assume this Honorable Mayor and Members of Council June 21, 2004 Page 2 indebtedness. This agreement also includes similar provisions for the Authority to assume indebtedness of the County. Recommendation: City Council authorize the Mayor to execute an agreement between the City and the Western Virginia Water Authority substantially similar to the attached example whereby the Authority will assume the Series 2003 Sewer Revenue Bond from the Virginia Resources Authority (VRA) effective July 1, 2004; such agreement to be approved as to form by the City Attorney. Respectfully submitted, ~A.~ Jesse A. Hall Director of Finance JAH:ca Attachment c: Darlene L. Burcham, City Manager Mary F. Parker, City Clerk William M. Hackworth, City Attorney ASSUMPTION AGREEMENT THIS ASSUMPTION AGREEMENT is made as of July I, 2004, among the COUNTY OF ROANOKE, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "County"), the CITY OF ROANOKE, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "City"), the WESTERN VIRGINIA WATER AUTHORITY, a political subdivision of the Commonwealth of Virginia (the "Authority"), and the VIRGINIA RESOURCES AUTHORITY ("VRA"), on its own behalf and as administrator of the Virginia Water Supply Revolving Fund and the Virginia Water Facilities Revolving Fund. RECITALS: WHEREAS, on October 27, 2000, the County issued and sold its $207,000 Water Revenue Bond, Series 2000A (the "2000A Water Bond") to VRA pursuant to the terms of a Financing Agreement dated as of October I, 2000 (the "2000A Water Agreement") between the County and VRA; WHEREAS, on October 27, 2000, the County issued and sold its $820,000 Water Revenue Bond, Series 2000B (the "2000B Water Bond") to VRA pursuant to the terms of a Financing Agreement dated as of October I, 2000 (the "2000B Water Agreement") between the County and VRA; WHEREAS, on December 4, 2003, the County issued and sold its $49,515,000 Water System Refunding Revenue Bond, Series 2003 (the "2003 Water Bond," and, together with the 2000A Water Bond and the 2000B Water Bond, the "County Water Bonds") to VRA pursuant to the terms of a Financing Agreement dated as of December I, 2003 (the "2003 Water Agreement," and together with the 2000A Water Agreement and the 2000B Water Agreement, the "County Water Agreements") between the County and VRA; WHEREAS, on December 5, 1996, the County issued and sold its $13,100,000 Sewer Revenue Bond, Series 1996 (the "1996 Sewer Bond") to VRA pursuant to the terms of a Financing Agreement dated as of December 1, 1996 (the" 1996 Sewer Agreement") between the County and VRA; WHEREAS, on February 3, 2000, the County issued and sold its $5,600,000 Sewer Refunding and Revenue Bond, Series 2000 (the "2000 Sewer Bond") to VRA pursuant to the terms of a Financing Agreement dated as of February 1, 2000 (the "2000 Sewer Agreement") between the County and VRA; WHEREAS, on October 23, 2003, the County issued and sold its $9,000,000 Sewer Revenue Bond, Taxable Series 2003 (the "2003 Sewer Bond," and together with the 1996 Sewer Bond and the 2000 Sewer Bond, the "County Sewer Bonds") to VRA pursuant to the terms of a Financing Agreement dated as of October 1, 2003 (the "2003 Sewer Agreement," and, together with the 1996 Sewer Agreement and the 2000 Sewer Agreement, the "County Sewer Agreements") between the County and VRA; \\F1N\20452 1.2 WHEREAS, on October 24, 2003, the City issued and sold its $17,511,501 Sewer Revenue Bond, Series 2003 (the "City Sewer Bond") to VRA pursuant to the terms of a Financing Agreement dated as of October I, 2003 (the "City Sewer Agreement") between the City and VRA; WHEREAS, the County Water Agreements, County Sewer Agreements and City Sewer Agreement shall be referred to collectively herein as the "Financing Agreements" and the County Water Bonds, County Sewer Bonds and City Sewer Bond shall be referred to collectively herein as the "Assumed Bonds"); and WHEREAS, pursuant to an Operating Agreement, dated as of , 2004 (the "Operating Agreement") among the Authority, the County and the City, the County and the City each have transferred ownership of their System (as defined in the respective Financing Agreements and referred to collectively herein as the "Systems") to the Authority, which, under the Financing Agreements, requires the consent of VRA; and WHEREAS, in connection with the transfer of the System to the Authority, the County and the City propose that debt service payments on the Assumed Bonds be made to VRA by the Authority; and WHEREAS, pursuant to the Operating Agreement, the Authority has also agreed to pay debt service on other obligations of the County (as set forth in Exhibit A) and the City (as set forth in Exhibit B); and WHEREAS, VRA proposes subject to the terms of this Agreement to consent to the transfer of the System and accept the assumption by the Authority of the County's and City's obligations under the Assumed Bonds and the Financing Agreements, to be secured by a pledge of the Authority's water and sewer revenues; and WHEREAS, the County, the City, the Authority and VRA wish to set forth in this Agreement certain consents and waivers under the terms of the Financing Agreement and certain amendments to the Financing Agreements. AGREEMENT NOW, THEREFORE, for and in consideration of the foregoing and of the mutual covenants herein set forth, the parties hereto agree as follows: 1. Unless otherwise defined, each capitalized term used III this Assumption Agreement shall have the meaning given it in the Financing Agreements. 2. The term "Borrower" in the Financing Agreements is amended to replace any references to the County or the City with the Authority. 3. (a) The term "Authorized Representative" in the Financing Agreements (except the 2003 Water Agreement) is amended to state as follows: -2- "Authorized Representative" means the Executive Director or any other member, official or employee of the Western Virginia Water Authority authorized by resolution, ordinance or other official act of the governing body of the Western Virginia Water Authority to perform the act or sign the document in question. (b) The term "Local Representative" in the 2003 Water Agreement IS amended to state as follows: "Local Representative" means the Executive Director of the Locality or any other official or employee of the Locality authorized by resolution of the Locality to perform the act or sign the document in question. 4. The term "System" shall include not only such facilities that have been owned by the County or the City and transferred to the Authority but also any other such facilities owned, operated or maintained by the Authority which otherwise satisfy the definition of the term. 5. VRA hereby consents to the transfer of the respective Systems from the County and the City to the Authority pursuant to the Operating Agreement and waives the requirements and restrictions under Sections 8.6 and 8.7 of each of the Financing Agreements (except the 2003 Sewer Agreement, where the corresponding provisions are contained in Sections 7.5 and 7.6) in connection with the transfer of the System to the Authority. 6. The Authority hereby assumes all of the obligations of the City and the County, as appropriate, under the Assumed Bonds. 7. VRA hereby consents to the assignment of the County's and City's obligations under the Financing Agreements to the Authority. The parties agree that the pledge of Revenues under Section 5.1 and the obligations in connection therewith, including but not limited to, those required under Article X of the Financing Agreements and all other covenants regarding the operation and maintenance of the System, including, but not limited to Articles V111 and IX of the Financing Agreements, are hereby assumed by the Authority. 8. The payments made by the Authority under the Operating Agreement of debt service on the obligations of the County and the City described in Exhibits A and B respectively shall constitute "Parity Bonds" as defined in the Financing Agreements. 9. The following sentences are added to the end of Section 5.1(a) of the 1996 Sewer Agreement, the 2003 Sewer Agreement and the City Sewer Agreement: For purposes of the preceding revenue covenant, the payments described in Exhibits A and B of the Assumption Agreement dated as of July 1, 2004 (the "Assumption Agreement") among the County of Roanoke, Virginia, the City of Roanoke, Virginia, the Western Virginia Water Authority and the Virginia Resources Authority shall not be included in indebtedness payable from Revenues. The Borrower agrees that, in addition to such covenant, Net Revenues Available for Debt Service will equal at least 100% of the amount required during the Fiscal Year to pay the amounts described in Exhibits A and B of the Assumption Agreement. -3- 10. The following sentences are added to the end of Section 5.1 (a) of the 2000 Sewer Agreement: For purposes of the preceding revenue covenant, the payments described in Exhibits A and B of the Assumption Agreement dated as of July I, 2004 (the "Assumption Agreement") among the County of Roanoke, Virginia, the City of Roanoke, Virginia, the Western Virginia Water Authority and the Virginia Resources Authority shall not be included in indebtedness payable from Revenues. The Locality agrees that, in addition to such covenant, Net Revenues Available for Debt Service will equal at least 100% of the amount required during the Fiscal Year to pay the amounts described in Exhibits A and B of the Assumption Agreement. I I. The following sentences are added to the end of Section 9 A(b) of the Indenture (as defined hereafter): For purposes of the preceding revenue covenant, the payments described in Exhibits A and B of the Assumption Agreement dated as of July I, 2004 (the "Assumption Agreement") among the County of Roanoke, Virginia, the City of Roanoke, Virginia, the Western Virginia Water Authority and the Virginia Resources Authority shall not be included in indebtedness payable from Revenues. The Authority agrees that, in addition to such covenant, Net Revenues will equal at least 100% of the amount required during the Fiscal Year to pay the amounts described in Exhibits A and B of the Assumption Agreement. 12. In accordance with the Master Indenture of Trust dated as of October I, 2002 between the County and SunTrust Bank, as trustee (the "Trustee") as previously supplemented and amended (collectively, the "Indenture"), VRA, as sole owner of the County Water Bonds and as majority Owner of the outstanding Water System Revenue Bonds, Series 1991 (the "1991 Water Bonds") consents to the assumption by the Authority of the County's obligations under the Indenture, the County Water Bonds and the 1991 Water Bonds pursuant to the Fifth Supplemental Indenture of Trust dated as of , 2004 (the "Fifth Supplemental Indenture") among the County, the Authority and the Trustee. The Authority hereby assumes all of the obligations of the County under the 1991 Water Bonds. 13. Any notices or requests required to be given hereunder or under the Financing Agreements shall be deemed given if sent by registered or certified mail, postage prepaid, addressed (i) if to the County, to 5204 Bernard Drive, S.W., P. O. Box 29800, Roanoke, Virginia 24018, Attention: County Administrator, (ii) if to the City, to 215 Church Avenue, 364 Noel C. Taylor Municipal Building, Roanoke, Virginia 24011, Attention: City Manager, (iii) if to the Authority, to 2012 South Jefferson Street, Suite 200, Roanoke, Virginia 24014, Attention: Director, and (iii) if to VRA, to 707 East Main Street, Suite 1350, Richmond, Virginia 23219, Attention: Executive Director. Any party may designate any other address for notices or requests by giving notice. 14. It is the intent of the parties hereto that this Agreement shall be governed by the laws of the Commonwealth of Virginia. -4- 15. All of the representations of the County, the City, VRA and, by operation of this Agreement, the Authority contained in Article II of the Financing Agreements are true and correct as of the date hereof. All terms of the Financing Agreements except as amended or modified by the terms of this Agreement are hereby reaffirmed, ratified and confirmed. 16. 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 enforced 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, the County, the City and VRA, as the case may be, only to the extent permitted by law 17. This Agreement shall remain in full force and effect until the Assumed Bonds and all other amounts payable by the Authority under the Financing Agreement have been paid in full. 18. 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. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] -5- IN WITNESS WHEREOF, the parties hereto have each caused this Assumption Agreement to be executed in their respective names as of the date first above written. COUNTY OF ROANOKE, VIRGINIA By: Chairman, Board of Supervisors of the County of Roanoke CITY OF ROANOKE, VIRGINIA By: Its: WESTERN VIRGINIA WATER AUTHORITY By: Chairman VIRGINIA RESOURCES AUTHORITY By: Darrell V. Hill Executive Director -6- ACKNOWLEDGED AND CONSENTED TO: VIRGINIA DEPARTMENT OF HEALTH By: Its: VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY By: Its: -7- Exhibit A - Parity County Obligations Locality Compensation Payments to County of Roanoke Based on General Obligation Debt Payments Related to Water Authority Water Sewer Total Principal Interest Total Principal Interest Total Payment 12/1/2004 5,800.00 5,800.00 21,293.75 21,293.75 27,093.75 6/1/2005 80,000.00 5,800.00 85,800.00 280,000.00 21,293.75 301.293.75 387,093.75 12/1/2005 4,200.00 4.200.00 15,693.75 15,693.75 19,893.75 6/1/2006 75,000.00 4,200.00 79,200.00 290,000.00 15,693.75 305,693.75 384,893.75 12/1/2006 3,450.00 3,450.00 12,793.75 12,793.75 16,243.75 6/1/2007 80,000.00 3,450.00 83,450.00 290,000.00 12,793.75 302,793.75 386,243.75 12/1/2007 2,200.00 2,200.00 8,262.50 8,262.50 10,462.50 6/1/2008 80.000.00 2.200.00 82,200.00 295,000.00 8,262.50 303,262.50 385,462.50 12/1/2008 1.200.00 1,200.00 4,575.00 4.575.00 5,775.00 6/1/2009 80,000.00 1,200.00 81,200.00 305,000.00 4,575.00 309,575.00 390,775.00 395.000.00 33,700.00 428,700.00 1,460,000.00 125,237.50 1,585,237.50 2,013,937.50 Exhibit B - Parity City Obligations City of Roanoke Debt Payments Relevant to Water Authority Water Pollution Control Fund '94 Bonds {non-refunded portion) 2003 Bonds Total WPC Fund Principal Interest Tota] Principal Interest Tota] Principal Interest ToW 8/l/2oo4 375,000 18095.00 393,095.00 45000 275,231.25 320,231.25 420,000.00 293,326.25 7]3,326.25 10/112004 2/1/2005 9,282.50 9282.50 274,78\'25 274,781.25 284,063.75 284,063.75 41112005 8/112005 395,000 9,282.50 404282.50 95,000 274,781.25 369781.25 490,000.00 284,063.75 774,063.75 ]0/]/2005 2/1/2006 273,83].25 273831.25 273831.25 273,831.25 4/1/2006 8/1/2006 5]0,000 273831.25 783,831.25 510000.00 273831.25 783,831.25 10/]/2006 21112007 268731.25 268,731.25 268,731.25 268,73].25 411/2007 8/]/2007 525,000 268,731.25 793,731.25 525,000.00 268,731.25 793,731.25 10/112007 2/112008 263,481.25 263,481.25 263,481.25 263,481.25 4/\12008 8/112008 535,000 263,48\.25 798,481.25 535,000.00 263,481.25 798,481.25 ]0/]/2008 2/1/2009 255,456.25 255456.25 255,456.25 255,456.25 411/2009 8/1/2009 555,000 255,456.25 810456.25 555000.00 255,456.25 810,456.25 10/]/2009 2/112010 2485]8.75 248,518.75 248518.75 248,518.75 4/1/20]0 8/112010 570,000 248518.75 818518.75 570000.00 248518.75 8]8,518.75 ]0/]/2010 2/11201] 234268.75 234,268.75 234,268.75 234,268.75 4/1/201] 8/1/2011 605000 234,268.75 839,268.75 605,000.00 234,268.75 839,268.75 10/]/2011 2/112012 219,143.75 219,143.75 2]9,143.75 219,143.75 4/1/2012 8/1/2012 640,000 219,143.75 859143.75 640,000.00 219,143.75 859,143.75 10/1/20]2 2/1/2013 203,143.75 203,143.75 203,143.75 203,143.75 4/1/2013 8/1/2013 670,000 203,143.75 873,143.75 670,000.00 203,143.75 873,143.75 1011/2013 2/112014 186,393.75 186,393.75 186,393.75 186,393.75 4/1/2014 8/112014 700,000 186,393.75 886,393.75 700,000.00 186,393.75 886393.75 10/]/2014 2/]/2015 168,893.75 168,893.75 168893.75 ]68893.75 4/112015 8/112015 740,000 168893.75 908,893.75 740,000.00 168,893.75 908,893.75 10/1/2015 2/]/2016 156,868.75 156,868.75 156868.75 ]56,868.75 4/1120]6 8/112016 770,000 ]56,868.75 926,868.75 770,000.00 156868.75 926,868.75 10/1/2016 2/1/2017 143,393.75 143,393.75 143,393.75 143,393.75 4/1/2017 8/]/2017 800000 143,393.75 943,393.75 800,000.00 143393.75 943,393.75 10/112017 2/1/2018 ]28,893.75 ]28,893.75 128893.75 128,893.75 4/1/2018 8/]/2018 825,000 128,893.75 953,893.75 825,000.00 128,893.75 953,893.75 ]0/1/2018 2/1/2019 113,425.00 113,425.00 113,425.00 113425.00 4/1/2019 8/1/20]9 860,000 113425.00 973425.00 860,000.00 113,425.00 973,425.00 ]0/1/2019 2/1/2020 97,300.00 97,300.00 97,300.00 97,300.00 4/1/2020 8/112020 895,000 97,300.00 992,300.00 895,000.00 97,300.00 992,300.00 10/]/2020 2/1/2021 79,400.00 79,400.00 79,400.00 79,400.00 4/112021 8/\12021 930000 79,400.00 1,009,400.00 930,000.00 79400.00 1,009,400.00 10/1/2021 2/1/2022 60,800.00 60800.00 60,800.00 60,800_00 8/1/2022 975,000 60,800.00 1,035,800.00 975,000.00 60,800.00 ],035,800.00 2/112023 41,300.00 41,300.00 41300.00 41,300.00 8/112023 1010,000 41,300.00 1051,300.00 1,0]0,000.00 4],300.00 1,051,300,00 2/]/2024 21,]00.00 2]100.00 21,100.00 21,100.00 8/1/2024 1,055,000 21,100.00 1,076,]00.00 ],055,000.00 21,100.00 1,076,100.00 Total 770,000 36,660.00 806,660.00 14,3]0,000 7,153,481.25 21,463,481.25 15,080,000 7,190,]41.25 22,270,141.25 City of Roanoke Debt Payments Relevant to Water Authority Water Fund 1997 Bonds 2002 Bonds Toral Water Fund Principal Interest Tota] Principal Interest Tool Principal Interest Tool 8/112004 1,620000 377,837.50 1997,837.50 1620,000 377837.50 1,997837.50 10/112004 ]70,000 121,376.88 291376.88 170000 121376.88 291376.88 2/112005 341,387.50 341,387.50 341387.50 341,387.50 41112005 117,976.88 117,976.88 117,976.88 117,976.88 8/112005 1,605,000 341,387.50 1946,387.50 1,605000 341,387.50 1946387.50 ]0/112005 180,000 117,976.88 297,976.88 180000 117,976.88 297976.88 2/112006 303268.75 303268.75 303,268.75 303,268.75 4/1/2006 113,476.88 113,476.88 113,476.88 113,476.88 8/112006 1,585,000 303,268.75 1,888268.75 ],585,000 303,268.75 1,888,268.75 1O/l/2006 190,000 ]13,476.88 303,476.88 190,000 ]]3,476.88 303,476.88 2/112007 265625.00 265,625.00 265,625.00 265,625.00 4/]12007 [08,726.88 108,726.88 ]08726.88 108,726.88 8/112007 1,570,000 265,625.00 ]835,625.00 1570,000 265625.00 1,835625.00 10/112007 200000 108,726.88 308,726.88 200,000 108726.88 308726.88 2/112008 226,375.00 226,375.00 226,375.00 226,375.00 41112008 103,726.88 ]03,726.88 103,726.88 103726.88 8/112008 1,555,000 226,375.00 ],781,375.00 1,555000 226375.00 1,781,375.00 10/[12008 215,000 103,726.88 318,726.88 2]5,000 103726.88 318,726.88 2/1/2009 187,500.00 187500.00 187,500.00 187,500.00 41112009 98351.88 98,351.88 98,351.88 98,351.88 8/]/2009 1,540,000 187,500.00 1727,500.00 1,540,000 ]87,500.00 ],727,500.00 101112009 225000 98,351.88 323351.88 225,000 98,351.88 323,351.88 2/112010 149,000.00 149000.00 149,000.00 149,000.00 4/112010 92726.88 92,726.88 92,726.88 92,726.88 8/112010 1,520,000 149,000.00 1,669,000.00 1520,000 ]49,000.00 1,669,000.00 ]0/]12010 240,000 92,726.88 332726.88 240,000 92,726.88 332,726.88 2/112011 111,000.00 111,000.00 11] 000.00 111,000.00 41112011 87,926.88 87,926.88 87,926.88 87,926.88 8/1120]1 1500,000 111,000.00 1611,000.00 1,500000 ]11000.00 1,611,000.00 ]0/112011 255000 87,926.88 342,926.88 255,000 87,926.88 342926.88 2/112012 73,500.00 73,500.00 73,500.00 73,500.00 4/112012 82,826.88 82,826.88 82,826.88 82,826.88 8/1/2012 1,480,000 73,500.00 1,553,500.00 1,480,000 73,500.00 ],553500.00 10/]/2012 270000 82826.88 352826.88 270,000 82,826.88 352826.88 2/112013 36,500.00 36,500.00 36,500.00 36500.00 4/112013 77,258.13 77,258.13 77,258.13 77,258.13 8/\12013 1,460,000 36,500.00 1,496,500.00 1,460000 36,500.00 1,496,500.00 10/1/2013 280000 77,258.13 357,258.13 280000 77258.]3 357,258.13 2/1120[4 4/1/2014 7[,308.13 71,308.13 71308.13 71,308.13 8/112014 10/1120]4 295,000 71308.13 366,308.13 295,000 71,308.13 366308.13 2/112015 41112015 64,855.00 64,855.00 64855.00 64,855.00 8/1/2015 10/112015 3]5,000 64,855.00 379,855.00 315,000 64,855.00 379855.00 2/]/2016 4/112016 57,767.50 57767.50 57,767.50 57767.50 8/112016 10/1120]6 335,000 57,767.50 392,767.50 335,000 57,767.50 392767.50 2/112017 4/[12017 50,062.50 50,062.50 50,062.50 50,062.50 8/112017 10/1/2017 350,000 50,062.50 400,062.50 350,000 50,062.50 400,062.50 2/]12018 4/112018 41,3]2.50 41,312.50 41,312.50 41,3]2.50 8/112018 ]01112018 370,000 41,312.50 411312.50 370,000 413]2.50 41],312.50 2/112019 411120]9 32,062.50 32,062.50 32,062.50 32,062.50 8/112019 10/1/2019 390,000 32,062.50 422,062.50 390,000 32,062.50 422,062.50 2/112020 41112020 22,312.50 22,312.50 22,312.50 22,312.50 8/112020 10/1/2020 4]5,000 22,312.50 437,312.50 415,000 22,312.50 4373]2.50 2/112021 411/2021 11,418.75 11418.75 114]8.75 11418.75 8/112021 101112021 435000 11,4]8.75 446,418.75 435,000 11,418.75 446,418.75 2/]/2022 8/112022 2/112023 8/112023 2/112024 8/112024 Total 15,435,000 3,766,150.00 19,201,150.00 5,130,000 2,589,571.98 7,719,571.98 20,565,000 6,355,721.98 26,920,721.98 City of Roanoke Debt Payments Relevant to Water Authority TotalWllterAuthority Principal Interest Total 8/112004 10111200 2/11200 4/11200 8/11200 ]0111200 2/11200 4/11200 8/11200 101112006 2111200 4/11200 8/11200 ]0/1/200 2111200 4111200 8/1/200 10/11200 2/11200 4111200 8/11200 10/[1200 2/11201 4/112010 8/11201 10/1/201 2/11201 4111201 8/1/201 10/11201 2/11201 4/11201 811120] 10/11201 2/11201 4/11201 8/1/201 ]01112013 2/11201 4/112014 8/1/2014 IOJ1120[4 211/2015 4111201 8/]/201 10/112015 211/2016 41]/2016 81]/2016 [0/1/2016 2/1/2017 411/2017 8/1/2017 ]0/1/2017 2/]/2018 41112018 8/112018 10/1/2018 2/112019 4/112019 8/112019 10/]12019 2/112020 4/112020 8/1/2020 10/1/2020 2111202 4/11202 8/112021 ]0/]/2021 2/1/2022 8/112022 2/]/2023 8/1/2023 2/IJ2024 8/]/2024 2,040000.00 671,]63.75 2,711163.75 4 170000.00 121,376.88 291376.88 5 625,451.25 625,451.25 5 117,976.88 117,976.88 5 2095,000.00 625,451.25 2,720,451.25 5 180,000.00 117,976.88 297,976.88 6 577,100.00 577100.00 6 113476.88 113,476.88 6 2,095,000.00 577,100.00 2,672,100.00 190,000.00 113,476.88 303,476.88 7 534,356.25 534356.25 7 108726.88 108726.88 7 2,095,000.00 534,356.25 2,629,356.25 7 200,000.00 108726.88 308726.88 8 489,856.25 489856.25 8 103,726.88 103,726.88 8 2,090,000.00 489856.25 2,579,856.25 8 215,000.00 103726.88 318726.88 9 442956.25 442956.25 9 98,351.88 98351.88 9 2,095,000.00 442,956.25 2,537,956.25 9 225,000.00 98,351.88 323,351.88 0 397518.75 397,518.75 92,726.88 92,726.88 0 2,090000.00 397,518.75 2,487518.75 0 240,000.00 92,726.88 332,726.88 1 345,268.75 345,268.75 1 87,926.88 87,926.88 1 2105,000.00 345,268.75 2,450,268.75 1 255,000.00 87,926.88 342,926.88 2 292,643.75 292,643.75 2 82,826.88 82,826.88 2 2120,000.00 292,643.75 2,412,643.75 2 270000.00 82,826.88 352,826.88 3 239,643.75 239,643.75 3 77258.13 77,258.13 3 2,130,000.00 239643.75 2369,643.75 280,000.00 77258.]3 357,258.13 4 186393.75 186393.75 71,308.13 71308.13 700000.00 186,393.75 886,393.75 295000.00 71,308.13 366,308.13 168893.75 ]68,893.75 5 64855.00 64,855.00 5 740,000.00 ]68,893.75 908,893.75 315,000.00 64855.00 379,855.00 156868.75 ]56,868.75 57,767.50 57,767.50 770,000.00 156868.75 926,868.75 335,000.00 57767.50 392,767.50 143,393.75 143,393.75 50,062.50 50062.50 800000.00 ]43,393.75 943,393.75 350,000.00 50,062.50 400062.50 128,893.75 128,893.75 41,312.50 41,312.50 825,000.00 128,893.75 953,893.75 370,000.00 41,312.50 411,3]2.50 113,425.00 113,425.00 32,062.50 32,062.50 860,000.00 113,425.00 973425.00 390,000.00 32,062.50 422062.50 97,300.00 97,300.00 223]2.50 22,312.50 895,000.00 97300.00 992,300.00 415,000.00 22,312.50 437,312.50 1 79,400.00 79,400.00 1 11,418.75 11418.75 930000.00 79,400.00 1009,400.00 435,000.00 11418.75 446,418.75 60,800.00 60800.00 975000.00 60,800.00 1035,800.00 41300.00 41,300.00 1,010,000.00 4],300.00 1,051300.00 2],100.00 2],]00.00 1055,000.00 21100.00 1,076,100.00 Tota] 35,645,000 13,545,863.23 49,]90,863.23 Exhibit C Outstanding Amounts of Assumed Debt as of July 1, 2004 Assumed from Roanoke County Water Obligations 1991 Water Revenue Bonds 2000B VRA Revolving Loan ( Little Brushy) 2000A VRA Revolving Loan (Clearbrook) 2003 VRA Water Revenue Refinancing $ 3,304,660 594,232 159,023 49,515,000 Sewer Obligations 1996 VRA Revolving Loan (Wastewater Treatment) 1999 VRA Revolving Loan (Wastewater Treatment) 2003 VRA Revolving Loan (Wastewater Treatment) 10,786,168 4,615,585 9,000,000 Assumed from Roanoke City Water Obligations None Sewer Obligations 2003 VRA Revolving Loan (Wastewater Treatment) 17,511,501 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk June 24, 2004 File #27-429-468 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 36743-062104 amending 922.2-2, Definitions, of Chapter 22.2, Pensions and Retirement, Code of the City of Roanoke (1979), as amended, to provide for continued participation of certain City employees in the City's retirement plan after they become employees of the Western Virginia Water Authority. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 21, 2004, and is in full force and effect upon its passage. Sincerely, Q ~~"ic ~ City Clerk MFP:ew Attachment Jesse A. Hall June 24, 2004 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 Sheila N, Hartman, Assistant City Clerk, (For transmittal by electronic mail to Municipal Code Corporation) Municipal Code Corporation, P. 0, Box 2235, Tallahassee, Florida 32316 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 William M, Hackworth, City Attorney Sherman M, Stovall, Director, Office of Management and Budget Bruce Grant, Director of Finance and Administration, Western Virginia Water Authority, c/o County of Roanoke, 5204 Bernard Drive, Suite 300-C, Roanoke, Virginia 24018 Jean M. Thurman, Secretary, Board of Directors, Western Virginia Water Authority Michael T, McEvoy, Director, Utilities Darlene L. Burcham, City Manager Andrea F. Trent, Retirement Administrator ~~ y IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINA, The 21st day Df June, 2004. No. 36743-062104. AN ORDINANCE amending ~22.2-2, Definitions, of Chapter 22.2, Pensions and Retirement, Code of the City of Roanoke (1979), as amended, to provide for the continued participation of certain City employees in the City's retirement plan after they become employees of the Western Virginia Water Authority; 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 22.2-2, Definitions. of Chapter 22.2, Pensions and Retirement, Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: ~22.2-2. Definitions. The following words and phrases, as used herein, shall have the following meanings, unless a different meaning is plainly required by the context. Words importing male gender shall be construed to include female, and singular words shall be deemed to include plural and plural words shall be deemed to include singular, whenever appropriate. As used in this chapter: * * * Eligible emplovee shall mean: *** (3) The city manager, city attorney, director of finance, municipal auditor direeter ef real estate valllatien, and the city clerk (the "council appointed officers"); * * * (8) Every employee of the city who becomes an employee of the Western Virginia Water Authority as of July 1, 2004, shall continue to be a member of the city plan. * * * Participating employer shall mean the city and any employer who with the consent of the city council upon recommendation by the board shall adopt the city plan; provided that the employer is a governmental employer as defined in Section 414(d) of the Internal Revenue Code of 1986 as amended. The current participating employers are: the city, City of Roanoke School Board; Roanoke Regional Airport Commission; Roanoke Valley Resource Authority; Western Virginia Water Authority; and Roanoke Valley Detention Commission. The board shall keep a record of the dates participation began. * * * 2. Pursuant to 912 of the Roanoke Charter, the second reading by title paragraph of this ordinance is hereby dispensed with. AA"" ~p~ City Clerk. H:\MEASURES\0-am22.2-2addwvwaasemployer.l.doc CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Room 461 P.O. Box 1220 Roanoke, Virginia 24006-1220 TelephDne: (540) 853-2821 Fax: (540) 853-6142 ANN H, SHAWVER Deputy Director email: ann_shawver@ci.roanoke.va.us JESSE A. HALL Director of Finance email: jessc_hall@ci.roanoke.va.us June 21,2004 Honorable Ralph K. Smith, Mayor Honorable C. Nelson Harris, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of Council: Subject: Western Virginia Water Authority Participating Employer Recommendation Background: The Western Virginia Water Authority (Authority) is being created by the City of Roanoke and the County of Roanoke who are working to merge their water impoundment, treatment, and distribution systems and their waste water collection and treatment systems into one system. The Authority will be a separate legal entity governed by a seven-person Board, the members of which are appointed by Roanoke City Council and the Roanoke County Board of Supervisors. Considerations: Employees of the City and the County who currently work in the areas of water and wastewater treatment will transfer to the Authority effective July 1, 2004. It is the desire of the Authority to allow those City of Roanoke employees who are currently members of the City of Roanoke Pension Plan (Plan) to continue to remain members of the Plan. In order for this to occur, the Western Virginia Water Authority must be defined as a Participating Employer in the Plan. Section 22.2-2, Definitions, of Chapter 22.2 Pensions and Retirement, Code of the City (1979), as amended, indicates upon Honorable Mayor and Members of Council June 21, 2004 Page 2 recommendation by the Pension Board, and the consent of City Council, any governmental employer may adopt the City Plan. The Plan currently includes the Roanoke Valley Resource Authority, Roanoke Regional Airport Commission, City of Roanoke School Board, and the Roanoke Valley Detention Commission as Participating Employers. The current County employees and any new employees of the Authority will participate in the Virginia Retirement System. The City's administration believes that this is the most equitable treatment for the City employees who will be transitioning to the Authority. The Pension Board also recommended that this group of employees be allowed to continue as members of the City's Pension Plan. Future contributions will be made on behalf of these employees by the Authority at the prevailing actuarial contribution rate. Thus, the pro rata cost of their on-going participation in the Plan will be fully paid by the Authority. Recommendation: City Council adopt the attached ordinance designating the Western Virginia Water Authority as a Participating Employer in the City of Roanoke Pension Plan. Sincerely, Q~A.~ Jesse A. Hall Director of Finance JAH:ca c: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Mary F. Parker, City Clerk Andrea F. Trent, Retirement Administrator City of Roanoke Pension Plan Board of Trustees CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk June 28, 2004 File #60-355 Jesse A, Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 36744-062104 appropriating funds in order to reallocate and provide additional funding for certain internal service charges, and amending and reordaining certain sections of the 2003-2004 General Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 21, 2004, and is in full force and effect upon its passage. A'~)!L- Mary F. Parker, CMC City Clerk MFP:ew Attachment Jesse A, Hall June 28, 2004 Page 2 pc: Darlene L. Burcham, City Manager Sherman M. Stovall, Director of Management and Budget ~') ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of June, 2004. No, 36744-062104. AN ORDINANCE appropriating funds to reallocate and provide additional funding for certain internal service charges, amending and reordaining certain sections of the 2003-2004 General 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 the following sections of the 2003-2004 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Department of Technology Department of Technology Risk Management Overhead Department of Technology Motor fuel & lubricants Risk Management Overhead Fleet Management Motor fuel & lubricants Department of Technology Risk Management Overhead Fleet Management Department of Technology Department of Technology Department of Technology Department of Technology Department of Technology Fleet Management Life insurance Department of Technology Motor fuel contingency Department of Technology Department of Technology Department of Technology Risk Management Overhead 001-110-1234-7005 001-124-2120-7005 001-125-2110-7017 001-130-1233-7005 001-140-2140-2038 001-140-2140-7017 001-140-2140-7025 001-140-3310-2038 001-140-3310-7005 001-140-3310-7017 001-140-3310-7025 001-150-2210-7005 001-230-1235-7005 001-240-1240-7005 001-250-1231-7005 001-250-1232-7005 001-250-1232-7025 001-250-9110-1130 001-300-1211-7005 001-300-9410-3012 001-340-1261-7005 001-410-1212-7005 001-430-4130-7005 001-430-4130-7017 2,193 2,498 1,587 2,319 4,298 (1,122) (1,720) 1,787 6,475 8,523 5,789 4,265 1,801 1,861 9,246 4,502 (1,366) (293,689) 1,050 (100,000) 2,443 2,762 4,650 (1,417) Fleet Management Fleet Rental Department of Technology Fleet Management Fleet Rental Risk Management Overhead Fleet Rental Motor fuel & lubricants Risk Management Overhead Fleet Management Fleet Rental Department of Technology Fleet Rental Fleet Management Fleet Rental Motor fuel & lubricants Risk Management Overhead Fleet Management Fleet Rental Risk Management Overhead Fleet Management Fleet Management Motor fuel & lubricants Department of Technology Risk Management Claims Risk Management Overhead Fleet Management Fleet Rental Motor fuel & lubricants Fleet Management Fleet Rental Motor fuel & lubricants Risk Management Overhead Fleet Management Fleet Rental Department of Technology Risk Management Claims Fleet Management Fleet Rental Department of Technology Fleet Management 001-430-4170-7025 001-430-4170-7027 001-440-1237-7005 001-440-1617-7025 001-440-1617-7027 001-440-4220-7017 001-440-4220-7027 001-440-4330-2038 001-440-4330-7017 001-440-4330-7025 001-440-4330-7027 001-520-3211-7005 001-520-3211-7027 001-520-3212-7025 001-520-3212-7027 001-520-3213-2038 001-520-3213-7017 001-520-3213-7025 001-520-3213-7027 001-520-3521-7017 001-520-3521-7025 001-530-1280-7025 001-530-4110-2038 001-530-4110-7005 001-530-4110-7009 001-530-4110-7017 001-530-4110-7025 001-530-4110-7027 001-530-4160-2038 001-530-4160-7025 001-530-4160-7027 001-530-4210-2038 001-530-4210-7017 001-530-4210-7025 001-530-4210-7027 001-530-4310-7005 001-530-4310-7009 001-530-4310-7025 001-530-4310-7027 001-610-3410-7005 001-610-3410-7025 (1,312) (1,578) 1,443 (3,228) 2,453 (1,122) (2,745) 4,386 (1,452) (5,548) (2,285) 3,769 (1,354 ) 3,802 (9,605) 4,105 9,021 5,918 (13,587) (1,023) 1,745 1,702 8,634 1,145 26,483 (1,649) 21,708 31,079 5,295 2,507 4,585 38,998 (1,769) (62,455) 6,466 3,243 157,420 5,392 (1,152) 1,109 (6,761 ) Fleet Rental Department of Technology Fleet Management Fleet Rental Department of Technology Department of Technology Fleet Rental Motor fuel & lubricants Risk Management Claims Risk Management Overhead Fleet Management Fleet Rental Fleet Management Fleet Rental Department of Technology Department of Technology Risk Management Overhead Motor fuel & lubricants Risk Management Overhead Fleet Management Fleet Rental Fleet Management Fleet Management Fleet Management Fleet Rental Motor fuel & lubricants Risk Management Overhead Fleet Management Fleet Rental Motor fuel & lubricants Risk Management Claims Risk Management Overhead Fleet Management Fleet Rental Department of Technology Risk Management Overhead Fleet Rental Risk Management Overhead Fleet Management Fleet Rental Motor fuel & lubricants 001-610-3410-7027 001-610-8110-7005 001-610-8110-7025 001-610-8110-7027 001-615-8112-7005 001-615-8113-7005 001-615-8113-7027 001-620-4340-2038 001-620-4340-7009 001-620-4340-7017 001-620-4340-7025 001-620-4340-7027 001-620-7110-7025 001-620-7110-7027 001-620-7111-7005 001-630-5311-7005 001-630-5313-7017 001-630-5314-2038 001-630-5314-7017 001-630-5314-7025 001-630-5314-7027 001-631-3350-7025 001-631-3360-7025 001-640-3111-7025 001-640-3111-7027 001-640-3112-2038 001-640-3112-7017 001-640-3112-7025 001-640-3112-7027 001-640-3113-2038 001-640-3113-7009 001-640-3113-7017 001-640-3113-7025 001-640-3113-7027 001-640-3114-7005 001-640-3114-7017 001-640-3114-7027 001-640-3115-7017 001-640-3115-7025 001-640-3115-7027 001-640-3530-2038 (5,021 ) 2,950 2,034 (9,707) 1,378 1,803 (2,193) 1,277 1,500 5,897 (11,039) 17,251 (4,675) (5,699) 3,007 2,151 (2,834 ) 1,356 (2,405) (14,776) (4,223) 1 ,438 (1,716) 1,548 (2,315) 7,739 (1,614) 7,503 (21,667) 48,106 3,212 (6,132) 29,488 24,809 11 ,360 (1,452) (1,760) 4,527 2,697 6,159 1,903 Fleet Management Fleet Rental Department of Technology Risk Management Overhead Fleet Rental 001-640-3530-7025 001-640-3530-7027 001-650-7310-7005 001-650-7310-7017 001-660-1214-7027 (2,366) (5,136) 9,300 5,740 (1,921 ) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~~ JL City Clerk. CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Room 461 P.O. Box 1220 R08DDke, Virginia 24006- 1220 Telephone: (540) 853-2821 Fax: (540) 853-6142 JESSE A, HALL Director of Finance email: jcs5e_haIl@ci.roanokc.va.us ANN H. SHAWVER Deputy Director email: ann_shawver@ci.roanoke.va.us June 21, 2004 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 1. 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: Transfers of Internal Service Fund Balances The City of Roanoke's Internal Service Funds account for certain services provided to departments of the other funds of the City. The Internal Service Funds recover their costs by charging the receiving departments for services. The City has three Internal Service Funds; Department of Technology, Fleet Management and Risk Management. Budgeted funds for internal services are allocated in the General Fund in each fiscal year's budget throughout various departments based on estimated usage. Usage usually varies from the original estimates. Each fiscal year at this time, it is necessary to make transfers between General Fund departments to provide sufficient funds for internal services for the fiscal year. No adjustments are required for FY 2004 in the Internal Services Funds themselves since each was adequately budgeted as a whole for revenues and expenses. A summary of the General Fund transfers as they pertain to each separately billed internal service is as follows: General Fund Revised Total Budget Amount Net Transfers Budget Internal Service Before Transfers In/Out Amount Motor fuel and lubricants $ 535,320 $ 27,884 $ 563,204 Department of Technology 3.695,556 88,723 3,784,279 Risk Management Claims 83,615 188,615 Risk Management Overhead 647,365 11,304 658,669 Fleet Management 1,636,753 (23,691 ) 1,613,062 Fleet Rental 1,809,191 854 1,810,045 Total $ 8,324,185 $ 188,689 $ 8,617,874 The Honorable Mayor and Members of Council June 21, 2004 Page 2 The increase in the billing for motor fuels and lubricants is due to the increase in fuel costs. Department of Technology billings increased due to higher than expected charges to General Fund departments for technology services. Risk Management Claims were not budgeted in the General Fund, yet several settlements were made during the course of the year. The other internal service transfers were relatively small. Additional funding of $293,689 is needed in total for these billings and is available from unused funding for life insurance in account 001-250-9110- 1130. Recommendation: Transfer funding between accounts in the General Fund as detailed on the attached budget ordinance. Respectfully submitted, ~ 41/J1 Jesse A. Hall Director of Finance JAH/AHS/ca c: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Mary F. Parker, City Clerk Sherman M. Stovall, Director of Management and Budget ,s)1~ &I CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 RDanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk MARY F. PARKER, CMC City Clerk July 8, 2004 File #60-467 Kathy G. Stockburger, Chair Roanoke City School Board 2506 Cornwallis Avenue, S, E Roanoke, Virginia 24014 Dear Ms. Stockburger: A request of the Roanoke City School Board to close 47 school grants was before the Council of the City of Roanoke at a regular meeting which was held on Monday, June 21, 2004. The request was received and filed. S^'~J~ Mary F. Parker, CMC City Clerk MFP:ew pc: Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget Cindy H. Lee, Clerk, Roanoke City School Board, P. O. Box 13145, Roanoke, Virginia 24031 t~. Gloria P. Manns, Chairman Ruth C. Willson, Vice Chairman William H. Lindsey Alvin L. Nash Robert J. Sparrow Kathy G. Stockburger David B. Trinkle, M.D. E. Wayne Harris, Ed.D., Superintendent Cindy H. Lee, Clerk of the Board Roanol~e City Schooll3oard P.O. Box 13145. ROanDke, Virginia 24031 . 540-853-2381 . Fax: 540-853-2951 June 21, 2004 The Honorable Ralph K. Smith, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: The School Board at its June 8 meeting voted to request City Council to closeout forty-seven school grants that have been completed. Total outlays for the grants amounted to $13,742,859.53. Revenue was provided for the grants as follows: . Federal funds - $8,828,222.57 . State funds - $2,232,533.90 . Fees and donations - $874,484.57 . Local match - $1,807,618.49 Thank you for your approval of this request. re Sincerely, ~--tf~I~ 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 Mr. Paul Workman (with accounting details) Discovering the Wealth in All Children CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., RDom 461 P.O. Box 1220 RDanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-6142 JESSE A. HALL Director of Finance email: jesse_hall@ci.roanoke.va.us ANN H. SHAWVER Deputy Director email: alln_shawver@ci.roanoke.va.us June 21, 2004 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. Oowe, Jr., Council Member The Honorable Beverly T. Fitzpatrick, Jr., Council Member The Honorable Linda F. Wyatt, Council Member Dear Mayor and Members of Council: The School Board, at its June 8 meeting, voted to request City Council to closeout forty-seven school grants that have been completed. Total outlays for the grants amounted to $13,742,859.53. Revenue was provided for the grants as follows: · Federal funds - $8,828,222.57 · State funds - $2,232,533.90 · Fees and donations - $874,484.57 · Local match - $1,807,618.49 A listing of the completed grants is attached. This report is being provided for information purposes and no action is required. Sincerely, ~ A- Haff Jesse A. Hall Oirector 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 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia REQUEST TO CLOSE GRANTS The fDrty-seven grants listed below have been cDmpleted and should be closed. Total Dutlays for the grants amDunted to $13,742,859.53. Federal fund in the amount of $8,828,222.57, state funds in the amount of $2,232,533.90, fees and donations in the amount of $874,484.57, and local match in the amount of $1,807,618.49 provided revenue for the grants. Grant Number 030-060-6182 030-060-6183 030-062-6187 030-061-6190 030-061-6191 030-062-6195 030-061-6196 030-061-6197 030-062-6198 030-062-6199 030-062-61 0 1 030-062-6102 030-061-61 03 030-062-6105 030-063-6116 030-062-6118 030-061-6258 030-061-6259 030-064-6260 030-064-6261 030-064-6262 030-062-6329 030-062-6575 030-062-6581 030-062-6583 030-062-6584 030-062-6585 030-062-6608 030-062-6750 030-062-6751 030-062-6752 030-062-6753 030-060-6754 030-062-6755 030-062-6756 030-062-6757 Description CSRD Fallon Park 2001 CSRD Lincoln Terrace 2001 CSRD Noel Taylor Learning Academy 2001 REA Virginia Heights 2002 REA Wests ide 2002 Title I Winter 2003 Even Start 2003 Title I School Improvement RAMS 2003 CSR Forest Park 2003 CSR Highland Park 2003 CSR Preston Park 2003 CSR Round Hill 2003 Title I Delinquent 2003 Title I Summer 2003 CSR Noel TaylDr Learning Academy 2003 Title I CarrYDver 2003 REA Fallon Park 2002 REA Hurt Park 2002 Title V-A 2003 EisenhDwer Title II 2003 Class Size Reduction (Title II-A) 2003 Governor's School 2003 Preschool Incentive 2002 Child Specialty Services 2003 Juvenile Detention Home 2003 Preschool Incentive 2003 Special Education Jail Program 2003 Chess Program 2002 Adult Basic Education 2003 Apprenticeship 2003 JDbs for Virginia Graduates 2003 Perkins Act 2003 Regional Adult Educ. Specialist 2003 Regional Adult Literacy 2003 GED Testing 2003 Workplace Education 2001-02 AmDunt 49,862.15 50,137.85 50,000.00 161,862.75 257,955.73 3,422,135.25 125,000.00 85.797.75 48,318.48 48,953.06 53,047.86 54,081.00 46,213.00 284,273.20 48,950.00 652,893.55 186,808.70 244,232.04 110,658.86 119,661.42 1,044,897.00 1,173,825.00 132,140.39 67,654.98 402,368.34 86,880.81 152,145.80 15,000.00 225,18780 122,98787 50,52172 400,45700 35,115.33 178,774.68 13,748.85 21,67310 Page 1 Grant Number 030-062-6758 030-062-6759 030-062-6760 030-062-6836 030-063-6839 030-064-6840 030-065-6843 030-063-6844 030-062-6845 030-062-6846 030-062-6850 Description Regional Adult Basic Education 2003 Adult Education in Jails 2003 Expanded GED Testing 2003 Urgent School Renovation 2002 Alternative EducatiDn 2003 Adoiescent Health Partnership 2003 Blue Ridge Technical Academy 2003 Drug Free Schools 2003 School Instructional Technology 2003 Enhancing Education Through Technology 03 Refugee School Impact 2003 Total Page 2 AmDunt 23,785.30 20,357.16 4,000.00 205,951.40 1,375,948.38 154,014.47 551,215.60 138,724.00 908,054.00 120,918.90 15,669.00 13,742,859.53 CITY OF ROANOKE Office of the City Clerk Mary F, Parker, CMC City Clerk Stephanie M, Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk June 28, 2004 File #60-467 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr, Hall: I am attaching copy of Ordinance No, 36745-062104 appropriating funds for elementary school improvements and school bus maintenance, establishing a new grant, and amending and reordaining certain sections of the 2003-2004 School and School Capital Projects Funds Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 21, 2004, and is in full force and effect upon its passage. r(~JP~ Mary F. Parker, CMC City Clerk MFP:ew Attachment Jesse A, Hall June 28, 2004 Page 2 pc: Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Office of Management and Budget Gloria P. Manns, Chair, Roanoke City School Board, 1727 Staunton Avenue, N. W., Roanoke, Virginia 24017 Cindy H, Lee, Clerk, Roanoke City School Board, p, O. Box 13145, Roanoke, Virginia 24031 .~<; v The 21st day of June, 2004. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA No, 36745-062104. AN ORDINANCE to appropriate funding for elementary improvements and school bus maintenance and to establish a new grant, amending and reordaining certain sections of the 2003-2004 School and School Capital Projects Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2003-2004 School and School Capital Projects Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: School Fund Appropriations Compensation of Bus Mechanics Social Security Maintenance Service Contracts Replacement - Machinery and Equipment Revenues Local Match Fees School Capital Proiects Fund Appropriations Appropriated from General Revenue Appropriated from General Revenue 030-062-6863-6678-0191 030-062-6863-6678-0201 030-062-6863-6678-0332 030-062-6863-6678-0801 030-062-6863-1101 030-062-6863-1103 031-065-6068-6896-9003 031-065-6999-6896-9003 $ 27,385 2,095 40,000 255,000 26,124 298,356 30,000 (30,000) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATT?), "-'-t j. fJ ~ City Clerk. t~. Gloria P. Manns, Chairman Ruth C. Willson, Vice Chairman William H. Lindsey Alvin L. Nash Robert J. Sparrow Kathy G. Stockburger David B. Trinkle. M.D. E. Wayne Harris, Ed.D., Superintendent Cindy H. Lee, Clerk of the Board Roonol'ie City School Boord P.O. BDX 13145, RDanoke, Virginia 24031 . 540-853-2381 . Fax: 540-853-2951 June 21, 2004 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 June 8, the Board respectfully requests City Council to approve the following appropriations: . $30,000.00 for Crystal Spring Eiementary School improvements. The project will be funded from the Board's construction contingency fund. . $324,480.00 for the School Bus Retrofit project. The project will be funded with a donation from Virginia Electric Power Company and a local match to install diesel oxidation catalysts on school buses and reflash the electronic control modules on school buses in conjunction with guidelines established by the Virginia Department of Environmental Quality. This is a new grant program. Thank you for your approval of this request. re Sincerely, , jf.~ ~'CI'~ 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 Mr. Paul Workman (with accounting details) Discovering the Wealth in All Children . t'>. . ~AT~~~t.. ;~~liii2 , ..... ,-"'--.-, CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Room 461 P.O. Box 1220 Roanoke. Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-6142 ANN H. SHAWVER Deputy Director email: ann_shawver@ci.roanoke.va.us JESSE A. HALL Director of Finance email: jesse_ha11@ci.roanoke.va.us June 21, 2004 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: As the result of official School Board action at its meeting on June 8, the Board respectfully requests City Council to approve the following appropriations: · 30,000 for Crystal Spring Elementary School improvements. The project will be funded from the Board's construction contingency fund. · $324,480 for the School Bus Retrofit project. The project will be funded with a donation from Virginia Electric Power Company and a local match to install diesel oxidation catalysts on school buses and reflash the electronic control modules on school buses in conjunction with guidelines established by the Virginia Department of Environmental Quality. This is a new grant program. We recommend that you concur with this report of the School Board and adopt the attached budget ordinance to appropriate funding as outlined above. Sincerely, ~4.1~ Jesse A. Hall Director of Finance Attachment JAH/pac c: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Mary F. Parker, City Clerk E. Wayne Harris, Superintendent of City Schools # IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36746-062104. A RESOLUTION changing the place of commencement of the regular meeting of City Council scheduled to be held at 9:00 a.m., on Tuesday, July 6, 2004. BE IT RESOLVED by the Council of the City of Roanoke that: I. The place of commencement of the meeting of City Council scheduled to be held at 9:00 a.m., on July 6,2004, will be Room 212, at the Roanoke Higher Education Center, 108 North Jefferson Street, in the City of Roanoke; with the 2:00 p.m. session on the same date to be held in City Council Chamber of the Noel C. Taylor Municipal Building, at 215 Church Avenue, S. W., in the City. 2. Resolution No. 36414-070703, adopted July 7, 2004, is hereby amended to the extent it is inconsistent with this resolution. 3. The City Clerk is directed to cause a copy of this resolution to be posted adjacent to the doors of the Council Chambers and that it be advertised in a newspaper having general circulation in the City at least seven days prior to July 6, 2004. ATTEST: City Clerk. \\ L1 54 AJ/ Itl C-LrV ~ Il / ~ ( ,II! A A:/I- ItJ GrDl k)~ tfLUSt . (. ~d_ j)A0LL Cbn~,~11 II! 4;:~' \,. .9k~ 9io-mdd UfLwrv ~ g-~ 6; {911cJmw 6; 2004 g:-ortied~ fftk UutedJtate&ff ~ ,5/v 9Tt/ud ::TrtkwJiYh7// CV c9'ra#i ..A0RO!!/ :7k~t/vJt':at&ff~ ~/V .'7b ~ UutedJtate& (}~ 'W~ 0. (] c7vw.!J, /0, cmd /1, 2004 II..~~.. , ." """ . . "". 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: c1erk@cLroanoke.va.us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk MARY F. PARKER, CMC City Clerk June 28, 2004 File #51 Maryellen F. Goodlatte, Attorney Glenn, Feldmann, Darby & Goodlatte P. 0, Box 2887 Roanoke, Virginia 24001-2887 Dear Ms. Goodlatte: I am enclosing copy of Ordinance No. 36747-062104 rezoning that portion of two tracts of land located at 2903 Peters Creek Road, N, W" containing 11.5 acres, more or less, Official Tax Nos. 6410105 and 6410106, from RS-3, Residential Single Family District, and C-2, General Commercial District, to C-2, General Commercial District, subject to proffers contained in the Third Amended Petition filed in the Office of the City Clerk on May 27, 2004. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 21, 2004, and is in full force and effect upon its passage. Sincerely, -J. p~ ~~ Mary F. Parker, CMC City Clerk MFP:ew Enclosure Maryellen F, Goodlatte June 28, 2004 Page 2 pc: Lingerfelt Enterprises, Inc., 2839 Peters Creek Road, N. W. Roanoke, Virginia 24019 Robert C. Brammer, 2386 Loch Haven Drive, Roanoke, Virginia 24019, Joan F, Showatler and Lura Showalter 4623 Cove Road, N. W., Roanoke, Virginia 24017 Greenwood Group, Inc., P. O. Box 11231, Blacksburg, Virginia 24062 Melrose Christian Church, 4807 Cove Road, N. W" Roanoke, Virginia 24017 Carlos B. Hart and Patricia R. Hart, 504 High Street, Salem, Virginia 24153 Richard D. Steen, 2840 Peters Creek Road, N. W" Roanoke, Virginia 24019 Slakman Investment, LLC, 2900 Peters Creek Road, N, W" Roanoke, Virginia 24019 Robert B. Manetta, Chair, City Planning Commission 2831 Stephenson Avenue, S, W., Roanoke, Virginia 24014 Darlene L. Burcham, City Manager Rolanda B, Russell, Assistant City Manager for Community Development Martha P. Franklin, Secretary, City Planning Commission Susan S. Lower, Director, Real Estate Valuation Karl S, Cooler, Building Commissioner Philip C. Schirmer, City Engineer Steven J. Talevi, Assistant City Attorney ~~ ~\ " D~ . t ? IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36747-062104. AN ORDINANCE to amend ~36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 641, 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 by title of this ordinance. WHEREAS, Public Facility Consortium, LLC has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from RS-3, Residential Single Family District, and C-2, General Commercial District, to C-2, General Commercial District, subject to certain conditions proffered by the applicant; 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; WHEREAS, a public hearing was held by City Council on such application at its meeting on June 21,2004, 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. 641 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular manner and no other: That portion of two tracts ofland located at 2903 Peters Creek Road, N.W., containing 11.5 acres, more orless, designated on Sheet No. 641 of the Sectional 1976 Zone Map, City of Roanoke, and bearing Official Tax Nos. 6410105 and 6410106, be, and are hereby rezoned from RS-3, Residential Single Family District, and C-2, General Commercial District, to C-2, General Commercial District, subject to the proffers contained in the Third Amended Petition filed in the Office of the City Clerk on May 27, 2004, and that Sheet No. 641 of the 1976 Zone Map be changed in this respect. ATTEST: ;1'7 /\ tv.--, .J t~ City Clerk. H:\ORDINANCES\O-REZO-PUBLICFACIUTYCONSORT062104.00c Architectural Reyjew BOllnl Board of Zoninl!; Appeals Planning Commission CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning@}ci.roanoke.\.a.us June 21, 2004 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 Public Facility Consortium, LLC, represented by Maryellen F. Goodlatte, attorney, that two tracts of land located on Peters Creek Road, NW., bearing Official Tax Nos. 6410105 and 6410106, be rezoned from RS-3, Residential Single Family District and C-2, General Commercial District, to C-2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. Planning Commission Action: Planning Commission public hearing was held on Thursday, May 20, 2004. By a vote of 5-1-1 (Messrs, Butler, Chrisman, Manetta, Scholz and Ms. Prince voting for, Mr. Williams voting against, and Mr. Rife abstaining), the Commission recommended approval of the requested conditional rezoning. Background: A Petition to Rezone was filed on April 1, 2004, A First Amended Petition, filed April 25, 2004, proposed to conditionally rezone the split-zoned parcels from C-2, General Commercial, and RS-3, Residential Single-Family District, to C-2, General Commercial subject to certain conditions. A Second Amended petition was filed on May 5, 2004, and a Third Amended petition was approved by the Planning Commission on May 20, 2004 and filed on May 27, 2004. The petitioner proffers the following: 1, That the property shall only be used for general and professional offices including financial institutions. 2, For purposes of storm water management and quality of storm water runoff, the site will be developed to incorporate a series of bioretention areas within the parking areas, subject to tests of the existing soils and conditions and any changes required by the City during comprehensive site plan review, 3. A 20 foot wide landscaped buffer shall be installed and maintained along the rear property line. Said landscaped buffer shall consist of evergreen trees planted at a rate of one tree per 20 linear feet or a portion thereof and evergreen shrubs planted at a rate of 3 feet on center or less. 4, Deciduous trees shall be planted and maintained within and along the perimeter of the onsite parking lots at a rate equal to or greater than one tree planted per every six parking spaces provided. Deciduous trees shall have a minimum 2 1/2" caliper at planting. 5. The number of parking spaces located on the subject property shall be no greater than one parking space per 200 square feet of gross floor area. 6. No more than 10% of the off street parking spaces provided shall be located between the front of the building and Peters Creek Road. 7. All outdoor lighting along the perimeter of the property shall consist of fixtures designed and shielded to direct illumination away from the adjoining properties. Site lighting levels at adjacent property lines shall not exceed .5 foot candle. 8. Except for a service drive which shall be allowed, no more than one curb cut shall be utilized to serve the subject property. The curb cut shall be located either within 20 feet of the southern property line of Tax Map Number 6410106 at its intersection with Peters Creek Road or the northern end of Tax Map Number 6410105. The specific location of the curb cut serving the subject properties and median break shall be subject to a traffic impact study and its review and acceptance of its recommendations by the City during comprehensive site plan review, Considerations: The subject parcels border the City boundary line with Roanoke County along Peters Creek Road. General commercial uses are located directly across from the subject parcels in the county, The surrounding land use and zoning include: · The abutting tracts to the north and south along Peters Creek Road are zoned C-2, General Commercial. The uses are an auto sales establishment and a retail lot specializing in storage shed sales. · Abutting a large portion of the northern property line of subject parcel Tax Map Number 6410105, Tax Map Number 6410103 is split zoned C-2, Conditional and C-l, Conditional. The front portion of the parcel is currently vacant and a section of Brammer Village office park is located on the back portion, · Along the rear property line to the east is a 17.4 acre vacant parcel zoned RS-3, Residential Single Family. · Two parcels abut Tax Map Number 6410106 along its southern property line. The two parcels front on Cove Road, One property, Tax Map Number 6410111 was conditionally rezoned in 1997 to RM-3, Residential Multifamily High Density, in order to place an assisted living facility on the property. Currently the property is vacant. The second property, Tax Map Number 6410110, is zoned RS-3, Residential Single Family and is the site of the Melrose Christian Church, The petition is consistent with the following design principles of Vision 2001-2020, the City's Comprehensive Plan: Discourage excessive surface parking lots (p.72, IN P4). Locating off-street parking to the side or rear of buildings (p, 72, IN P4). Limiting impervious surfaces to reduce runoff (p, 50 EC Al 3). The proposed rezoning is consistent with the Peters Creek North Neighborhood Plan, adopted in December 2002. The plan's future land use map (p. 27) designates these parcels for commercial uses. The purpose of the proposed rezoning is to permit general and professional offices on the property. There is one primary structure with several accessory structures located on Tax Map Number 6410105. The existing house and its accessory structures will not remain on the subject properties. The primary structure is a house built in 1930 and last used for commercial purposes, With the proffered conditions, the application of C-2, General Commercial, to the subject properties, is appropriate. The petitioner proffers one use for the subject properties, general and professional offices, Although the proffered use is permitted by right in C-l, Office District, the petitioner requests C-2 to allow for a maximum height of 45 feet, as opposed to a maximum 35 foot height in C-l, Staff believes the proffer allowing only office uses insures compatibility with the surrounding area. Furthermore, the proffered conditions to increase the depth of the required buffer yard along the rear lot line and to limit the intensity of outdoor lighting along adjacent property lines greatly protects the surrounding districts from development impacts. Staff believes that site development issues have been adequately addressed through the petitioner's proffers. The proffered conditions provide storm water and run-off measures, parking limitations in front of the building and on the entire site, and landscaping to provide for an adequate tree canopy, Peters Creek Road is a main arterial street with primarily strip commercial retail and office uses. It has four 10-12 foot wide lanes with a 20 foot wide median, Currently there is not a median break located in front of the subject properties. In order to adequately support traffic entering and exiting the property, the City's Transportation Division expressed the need for the petitioner to secure access for vehicles turning from and onto the southbound lanes of Peters Creek Road, Proffer #8 limits the petitioner to one curb cut for public access to the office building. The location of the curb cut and possible relocation of a median break is dependent upon staff's review and acceptance of recommendations in the traffic impact study during the comprehensive site plan review. The petitioner provided a Traffic Impact Study to the planning staff prior to the Planning Commission hearing. After an initial review of the report by the City's traffic engineer, he concluded that the methodology in the study is sound and the traffic information projected for the proposed development is reasonable. The study found that Peters Creek Road has sufficient capacity to handle the forecasted traffic generated by the proposed development. He did point out that the draft report has not yet identified the location of the proposed access to the property from the southbound lanes of Peters Creek Road. In order to comply with proffer #8, further work is required during the comprehensive site plan review process to adequately address access to the site. Staff received two public comments prior to the hearing, One letter was received by staff on May ]7, 2004. The letter was sent from the Neighborhoods Presidents Council and was in opposition to the petition. One phone message was received May 20, 2004 from Daniel Hale of the Miller Court Neighborhood Alliance stating they had no objections to the proposed rezoning. No one from the audience spoke at the public hearing. Planning Commission discussion centered on the following: · Concerns over encouraging development along commercial corridors and near major intersections inconsistent with development patterns prescribed in Vision 2001-2020. · The number of parking spaces shown on the petitioner's concept plan and how the proffered condition (proffer #5) regulating the maximum number of parking spaces relates to the current zoning ordinance. · The placement of the building on the site as shown on the petitioner's concept plan and its orientation to the street frontage along Peters Creek Road. Recommendation: By a vote of 5-]-] , the Commission recommended approval of the request, given the proffered conditions of the amended petition. Respectfully submitted, ~8.~~ 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 Maryellen Goodlatte, Attorney for the Petitioner ---:\~ / / \ '0 c: o () C") I (f) c::: <0 o ..... o ..... <1i o ~ ~ M Och ~ 0:::' """ (0 CD ~b Oc c:;:, "'0 0(.) a:: (0 ~ ~ M 0' (j) ~i tV """' L..L. (0 ..... .". <0 "0 C ctl l() o ..... o ..... .". ~D z 0- ctl ~ X ctl I- "0 ctl o ~~ .... o en .... Q) ..... Q) a.. ~ '-"1 ~I ."(0 ~C0 c: al~~ ;1~18 (0 z ., tl "C: ;; is '" c: "2 o N ., (jj o ~ CIl a. tl " E ::l UJ IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINIA INRE: Rezoning of two tracts ofland located at 2903 Peters Creek Road containing 11.5 acres, identified and being official Tax Map Numbers 6410105 and 6410106 from C-2, General Commercial District, and RS-3, Residential Single-Family District, to C-2, General Commercial District, such rezoning to be subject to certain conditions. THIRD AMENDED PETITION TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: Petitioner, Public Facility Consortium, LLC, has contracted to purchase official Tax Map Numbers 6410105 and 6410106 from White Birch Holdings, LLC, Branch Management Corp., and ARS Properties, L.C. (Owners). The frontage depth of both parcels along Peters Creek Road (ranging from 209 feet to 217 feet) is zoned C-2, General Commercial District. The balance is zoned RS-3, Residential Single-Family 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, Petitioner requests that the said property be rezoned from C-2, General Commercial District, and RS-3, Residential Single-Family District, to C-2, General Commercial District, subject to certain conditions set forth below, for the purpose of permitting general and professional offices on the property. The conceptual development plan dated May 5, 2004, is attached hereto as Exhibit B ("Development Plan"). Your petitioner believes the rezoning of the property will further the intent and purposes of the City's Zoning Ordinance and Vision 2001-2020 Comprehensive Plan. This property is located along and would be oriented toward Peters Creek Road. This project will promote quality development and good use along the Peters Creek Road corridor, and would permit this parcel to be used for office purposes consistent with its neighbors. If the said tract is rezoned as requested, your petitioner hereby proffers and agrees as follows: I. That the property shall only be used for general and professional offices including financial institutions. 2. For purposes of storm water management and quality of storm water runoff, the site will be developed to incorporate a series of bioretention areas within the parking areas, subject to tests of the existing soils and conditions and any changes required by the City during comprehensive site plan review. 3. A 20 foot wide landscaped buffer shall be installed and maintained along the rear property line. Said landscaped buffer shall consist of evergreen trees planted at a rate of one tree per 20 linear feet or a portion thereof and evergreen shrubs planted at a rate of 3 feet on center or less. 4. Deciduous trees shall be planted and maintained within and along the perimeter of the onsite parking lots at a rate equal to or greater than one tree planted per every six parking spaces provided. Deciduous trees shall have a minimum 2 112" caliper at planting. 5. The number of parking spaces located on the subject property shall be no greater than one parking space per 200 square feet of gross floor area. 6. No more than 10% of the off street parking spaces provided shall be located between the front of the building and Peters Creek Road. 7. All outdoor lighting along the perimeter of the property shall consist of fixtures designed and shielded to direct illumination away from the adjoining properties. Site lighting levels at adjacent property lines shall not exceed .5 foot candle. 8. Except for a service drive which shall be allowed, no more than one curb cut shall be utilized to serve the subject property. The curb cut shall be located either within 20 feet of the southem property line of Tax Map Number 6410106 at its intersection with Peters Creek Road or the 2 northern end of Tax Map Number 6410105. The specific location of the curb cut serving the subject properties and median break shall be subject to a traffic impact study and its review and acceptance of its recommendations by the City during comprehensive site plan review. Attached as Exhibit C are the names, addresses and tax numbers of the owners of all lots or properties immediately adjacent to, immediately across a street or road from the property to be rezoned. WHEREFORE, your 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. This Petition is respectfully submitted this 27'h day of May, 2004. PUBLIC FACILITY CONSORTIUM, LLC, a Virginia limited liability company By: ~~--F~eV(;;t;{ "' of Counsel Maryellen F. Goodlatte, Esq. Glenn, Feldmann, Darby & Goodlatte 210 1st Street, S.W., Suite 200 P. O. Box 2887 Roanoke, Virginia 24001-2887 (540) 224-8018 - Telephone (540) 224-8050 - Facsimile mgoodlatte(q';gfdg.com 3 White Birch Holdings, LLC, a Virginia limited liability company, owner of the property subject to this petition, hereby consents to this third amended rezoning petition filed by Public Facility Consortium, LLC, including the voluntary proffers contained herein. WHIlE BIRCH HOLDINGS, LLC -';~~> By; its: ItJ .1," " , 4 ARS Properties, L.c., owner of the property subject to this petiition, hereby consents to this third amended rezoning petition filed by Public Facility Consortium, LLC, including th,e voluntary proffers contained herein. :7.&r. Its; ~ 5 Branch Management Corp., a Virginia corporation, owner of the property subject to this petition, hereby consents to this third amended rezoning petition filed by Public Facility Consortium, LLC, including the voluntary proffers contained herein. BI0-~G.EMENT~. By: Jt?/rJ ~ . j , ItS: 6 ~., .'O~ ~-- ;, ~ . ,~ '0. / ,....-I;:) s-la~..cI rIOUOO~ jo I\.J!J -..;;;~~- . "} " " ""-"5p/)J!":'::--~ I .. ~ . . t>,1 ~:" ~. I~.J " ~~~~,;.i: G. ; <-IDo, , , ~ "' " .,. . "' --~i(j_D " ~ ~ . { ~ " ;; , , ~ ~ " . --.2~UZ4~~75"- ,) , ~ " ~ ~ ~ 1 P/I J[e""J ----- S.1@tQcI a)/OUDQ~ )0 AIunoJ ", " " ~ \. , '" .\~- '" " , \. " r. ..... ~ , USJI 25 .~(Q " ~ " . . -~,-.,;-,....---- ~, ~H " . . 1 & ~ y, "" ~ '" / -i--- I 'j, ~ ,. . ~ I l- i ! iii ~i :;: ~ 1.:1 " - . " " ~ , , . , " ;' ~ ~ '" .:; "" ~ <'''II .'/. . "" '" , ::::. Z:. ~ ;; .". . ~ ~ , , 0."1<5.1 AI'J @>jOtlOOtj .. .. .. .. '. ..s"!: t-- " '" ~ "'- '" . " " , 'I . " o ;; ~ a ...-:-", ~ ij"or I'~ I) ..:r .;..~.t~ .n~'i~t'~'J'.. .. 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'I " Hiiii II . oJ I :::8 I; ~Ii if) , ~I: ADJOINING PROPERTY OWNERS FOR Tax Parcel Number 6410105, containing 4.80 Acres, Zoned C-2 and RS-3, and Tax Parcel Number 6410106, containing 6.18 Acres, Zoned C-2 and RS-3 Tax Map Number Owner/Owners and Mailing Address ROANOKE CITY PROPERTIES 6410104 Lingerfelt Enterprises, Inc. 2839 Peters Creek Road, N.W. Roanoke, Virginia 24019 6410103 Robert C. Brammer 2386 Loch Haven Drive Roanoke, Virginia 24019 6410116 Joan F. Showalter and Lura Showalter 4623 Cove Road, N.W. Roanoke, Virginia 24017 6410111 Greenwood Group, Inc. P. O. Box 11231 Blacksburg, Virginia 24062 6410110 Melrose Christian Church 4807 Cove Road, N.W. Roanoke, Virginia 24017 6410107 Barbara T. Brammer 2386 Loch Haven Drive Roanoke, Virginia 24019 ROANOKE COUNTY PROPERTIES 037.17-01-02.00 Carlos B. Hart Patricia R. Hart 504 High Street Salem, Virginia 24153 037.13-04-05.00 Richard D. Steen 2840 Peters Creek Road Roanoke, Virginia 24019 037.13-04-04.00 Slakrnan Investment, LLC 2900 Peters Creek Road Roanoke, Virginia 240I9 TO: FROM: RE: DATE: Roanoke City Planning Commission Neighborhoods Presidents Council Peter's Creek Road Rezoning May 17, 2004 Dear Commission Members, It is our understanding that at its May 20, 2004 meeting the planning commission will consider an application from Public Facility Consortium, LLC for rezoning property on Peter's Creek Road from RS-3 to C-2. The subject property is the rear portion of tax numbers 6410105 and 6410106. It is also our understanding that the rezoning is part of a proposal by the petitioner to the General Services Administration for the relocation of Social Security offices from their current location in Gainsboro. In considering this petition, the planning commission has an obligation to go beyond mere consideration ofland use. The commission should consider the effect of this particular development on a vulnerable elderly and disabled population, who are often among the least mobile members of society. The proposed location is not on a public transit route. But even ifit were, it would be inconvenient for many patrons. Because of the spoke-and-hub arrangement of Roanoke's transit system a long bus trip involving at least one transfer would often be required to reach that destination. Roanoke's comprehensive plan has as one of its strategic initiatives establishing multi-s"ervice facilities in satellite offices in easily accessible neighborhood centers in order to make services more available to those who need them. The initiative applies to city-provided public services. But by implication the city should not encourage relocation of -any services in ways that create barriers to service delivery. We understand that the rezoning of this property would not necessarily mean relocation of the Social Security offices to this site. But rezoning will make that highly undesirable outcome possible and perhaps likely. Forcing additional auto dependence and serious inconvenience on those who are among the least able to bear it, is poor planning and violates the spirit of sustainable development that underlies Roanoke's comprehensive plan. The planning commission should recommend denial of the petition. Estelle McCadden It II ~ j.!1 J11-~ The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + - - - - - - - - - - - - - - - -- - - - - - - - - - - - GLENN, FELDMANN, DARBY & GOODL PO BOX 2887 ROANOKE VA 24011 NOTICE OF PUBUC BEARING REFERENCE: 80113324 02379274 2903 Peters Creek TO WHOM IT MAY CONCERN: Pursuant to the provl$iOns of Artlcle VII of Chapter 36 1 Code of the City of ,Roat10k~ (1979), as amended, the I C?UOCII of the City of Roanoke Win hold a Public Heating on Mooday, Jur,e 21" 2004, at 7:00 p.m., in the Couocll Cha~rintheNoeIC.Taylor MUnicipal BUilding, 215 Church Avenue, S.W., on the question of rezoning from RS-3, Resldentlal Single Fam- Ily District and C-2, General Commercial District, to C-2 General Commercial DIstrict' subject to certain proffered conditions, the fOllowing property: 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: That POrtion of two tracts of land located at 2903 Peters Creek Road, N.W., containing 11.5 acres, more or Jess bearing Official Tax Nos: 6410105 ~nd~10106. A copy of this ProPOSal' is available for publle Inspection In the 01'rice of the City Clerk Room 456, Munlclpallkllldlni All parties in Interest may appear on the above l1ate and be heard on thequestlon. If you area person With adls- ability who n'eeds City/County of Roanoke, Commonwealth/State of Vir~pia. Sworn and subscribed before me this __J_lL__day of June 2004. Witness my hand and official seal. --'J ~ . MY-~iO~-~i ~~~:1'-~:r~~~~~~ accommodations for this pub- lic hearing, contact the, City Clerk's Office, 853-2541 by Thursday, June 17, 2004. ' GIVEN under my hand thi~ 25th day of May, 2004. Mary F. Parker, City Clerk. (2379274) PUBLISHED ON: 06/04 06/11 TOTAL COST: FILED ON: 255.46 06/18/04 ,. --------------------------------------------------+----------------,----------- ~~~~~~~~:~-~~-~-----------, Billing Services Representative :! ~~~ NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, June 21, 2004, at 7:00 p.m., in the Council Chamber in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., on the question ofrezoning from RS-3, Residential Single Family District and C-2, General Commercial District, to C-2, General Commercial District, subject to certain proffered conditions, the following property: That portion of two tracts ofland located at 2903 Peters Creek Road, N.W., containing 11.5 acres, more or less, bearing Official Tax Nos. 6410105 and 6410106. 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, June 17, 2004. GIVEN under my hand this 25th day of May ,2004. Mary F. Parker, City Clerk. H:\NOTICES\O_REZQ_PUBLICFACILITYCONSORT062104.DOC Notice to Publisher: Publish in the Roanoke Times once on Friday, June 4, 2004 and Friday, June 11,2004. Send affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 Send bill to: Maryellen F. Goodlatte, Esq. Glenn, Feldmann, Darby & Goodlatte P. O. Box 2887 Roanoke, Virginia 24001 (540) 224-8000 .-,..'.'".-,"-___~_._'.__,.. .~._._~"..m"" ............ II'~... ;.') ,. '^', CITY OF ROANOKE OFFICE OF CITY CLERK MARY F. PARKER. CMC City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@cLroanoke.va.us June 7, 2004 STEPHANIE M. MOON Depoty City Clerk SHEILA N. HARTMAN Assistant City Clerk File #51 Mr. Robert C. Brammer Melrose Christian Church Ms. Joan and Ms. Lura Showalter Mr. Richard D. Stern Mr. Daniel Hale, Miller Court Neighborhood Alliance Ms. Janet Scheid, Roanoke County Planning Department Lingerfelt Enterprises, Inc. Greenwood Group, Inc. Mr. and Mrs. Carlos Hart Slakman Investment, LLC Mr. Woodrow Walker, Miller Court Neighborhood Alliance Ladies and Gentlemen: Pursuant to provisions of Resolution No.2 5 523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, June 21, 2004, 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 Public Facility Consortium, LLC, that a portion of two tracts of land located at 2903 Peters Creek Road, N. W., containing 11.5 acres, more or less, identified as Official Tax Nos. 6410105 and 6410106, be rezoned from RS-3, Residential Single Family District, and C-2, General Commercial District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. The City Planning Commission is recommending that Council approve the request for rezoning. If you would like to receive a copy of the report of the City Planning Commission, please call the City Clerk's Office at 540-853-2541. N:\CKEWl\Public Hearings 2004Vune 04\June 21, 2004 Attorney and AdjoiningPropety Owners Letters.doc ..._- .,,-----..-......--..--,---".. -.- ..-..... Interested Property Owners and/or Adjoining Property Owners June 7, 2004 Page 2 This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning, Building and Development at 540-853-1730. '7('....." ;1 ~ Mary F. Parker, CMC City Clerk MFP:sm N:\CKEWl\Public Hearings 2004\June 04\June 21, 2004 Attorney and Adjoining Propety Owners Letters.doc <........" .".....,.... 1I".~:~....- . -'~ - . V': '0 . 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: c1crk@ci.roanokc.va.us STEPHANIE M. MOON Deputy City Clerk MARY F. PARKER, CMC City Clerk June 7, 2004 SHEILA N. HARTMAN Assistant City Clerk File #51 Maryellen F. Goodlatte, Attorney Glenn, Feldmann, Darby and Goodlatte P. O. Box 2887 Roanoke, Virginia 24001 Dear Ms. Goodlatte; Pursuantto provisions of Resolution No.2 5 523 adopted by the Council ofthe City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, June 21, 2004, 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 Public Facility Consortium, LLC, that a portion of two tracts of land located at 2903 Peters Creek Road, N. W., containing 11.5 acres, more or less, identified as Official Tax Nos. 6410105 and 6410106, be rezoned from RS-3, Residential Single Family District, and C-2, General Commercial District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. For your information, I am enclosing copy of a report of the City Planning Commission and a notice of the public hearing. Please review the document5 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. N:\CKEWI\Public Hearings 2004Vune 04Vune 21,2004 Attorney and Adjoining Propety Owners Letters.doc -.,,' .~"... ' Maryellen F. Goodlatte June 7, 2004 Page 2 It will be necessary for you, or your representative, to be present at the June 21 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, /J ~~ .J.-V~I.~ Mary F. Parker, CMC City Clerk MFP;sm Enclosure N:\CKEWl\Public Hearings 2004\June 04\June 21, 2004 Attorney and Adjoining Propety Owners Letters.doc TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: Public Facility Consortium, LLC, Peters Creek Road, NW. ) Official Tax Nos. 6410105 and 106 from RS-3 to C-2, condo ) 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 29th day of April, 2004, notices of a public hearing to be held on the 20th day of May, 2004, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner's Name Mailinq Address 6410103 6410107 Robert C. Brammer 2386 Loch Haven Dr. Roanoke,VA 24019 6410104 Lingerfelt Enterprises, Inc. 2839 Peters Creek Roanoke, VA 24019 6410110 Melrose Christian Church 4807 Cove Road, NW Roanoke,VA 24017 6410111 Greenwood Group, Inc. POBox 11231 Blacksburg, VA 24062 4623 Cove Road, NW Roanoke, VA 24017 6410116 Joan and Lura Showalter Roanoke County Carlos and Patricia Hart 504 High Street Salem, VA 24153 Richard D. Stern 2840 Peters Creek Road Roanoke, VA 24019 Slakman Investment, LLC 2900 Peters Creek Road Roanoke, VA 24019 Also mailed to: Daniel Hale Miller Court Neigh. Alliance 4425 Oleva Street Roanoke,VA 24017 Woodrow Walker Miller Court Neigh. Alliance 4449 Ben Street Roanoke, VA 24017 Janet Scheid Roanoke County Planning POBox 29800 Roanoke,VA 240,~~ Martha Pace Franklin w~ SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 29th day of April, 2004. 'f(.JUUA>--~ ('L)~ Notary Pu lie My Commission Expires: ~- ~ '6' -0 ') , . . . CITY OF ROANOKE OFFICE OF CITY CLERK MARY F. PARKER,CMC City Clerk 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@cLroanoke.va.us May 27,2004 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk 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(~) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a third amended petition received in the City Clerk's Office on May 27, 2004, from Maryellen F. Goodlatte, Attorney, representing Public Facility Consortium, LLC, requesting that two tracts of land located at 2903 Peters Creek Road, N. W., containing 11.5 acres, more or less, being the rear portions of Official Tax Nos. 6410105 and 6410106, be rezoned from C-2, General Commercial District, and RS-3, Residential Single-Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Sincerely, ,~'rn,~ Stephanie M. Moon, CMC Deputy City Clerk Enclosures N:\CKEWl\Rezonings - Street Alley Closing 04\may 2004\Maryellen Goodlatte 2903 Peters Creek Road Public Facility Consortium.third amendment.doc '... ...,..-- ......".. ,.,......, , ' Robert B. Manetta May 27,2004 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Council Member-Elect Sherman P. Lea Council Member-Elect Brian J. Wishneff Maryellen F. Goodlatte, Attorney, Glenn, Feldmann, Darby and Goodlatte, P. O. Box 2887, Roanoke, Virginia 24001-2887 Darlene L. Burcham, City Manager Susan S. Lower, Director, Real Estate Valuation Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney N:\CKEW1\Rezonings - Street Alley Closing 04\may 2004\Maryellen Goodlatte 2903 Peters Creek Road Public Facility Consortium.third amendment.doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA INRE: Rezoning of two tracts of land located at 2903 Peters Creek Road containing 11.5 acres, identified and being official Tax Map Numbers 6410105 and 6410106 from C-2, General Commercial District, and RS-3, Residential Single-Family District, to C-2, General Commercial District, such rezoning to be subject to certain conditions, THIRD AMENDED PETITION TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: Petitioner, Public Facility Consortium, LLC, has contracted to purchase official Tax Map Numbers 6410105 and 6410106 from White Birch Holdings, LLC, Branch Management Corp., and ARS Properties, L.c. (Owners). The frontage depth of both parcels along Peters Creek Road (ranging from 209 feet to 217 feet) is zoned C-2, General Commercial District. The balance is zoned RS-3, Residential Single-Family 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, Petitioner requests that the said property be rezoned from C-2, General Commercial District, and RS-3, Residential Single-Family District, to C-2, General Commercial District, subject to certain conditions set forth below, for the purpose of permitting general and professional offices on the property. The conceptual development plan dated May 5, 2004, is attached hereto as Exhibit B ("Development Plan"). Your petitioner believes the rezoning of the property will further the intent and purposes of the City's Zoning Ordinance and Vision 2001-2020 Comprehensive Plan. This property is located along and would be oriented toward Peters Creek Road. This project will promote quality development and good use along the Peters Creek Road corridor, and would permit this parcel to be used for office purposes consistent with its neighbors. If the said tract is rezoned as requested, your petitioner hereby proffers and agrees as follows: I. That the property shall only be used for general and professional offices including financial institutions. 2. For purposes of storm water management and quality of storm water runoff, the site will be developed to incorporate a series of bioretention areas within the parking areas, subject to tests of the existing soils and conditions and any changes required by the City during comprehensive site plan review. 3. A 20 foot wide landscaped buffer shall be installed and maintained along the rear property line. Said landscaped buffer shall consist of evergreen trees planted at a rate of one tree per 20 linear feet or a portion thereof and evergreen shrubs planted at a rate of 3 feet on center or less. 4. Deciduous trees shall be planted and maintained within and along the perimeter of the onsite parking lots at a rate equal to or greater than one tree planted per every six parking spaces provided. Deciduous trees shall have a minimum 2 112" caliper at planting. 5. The number of parking spaces located on the subject property shall be no greater than one parking space per 200 square feet of gross floor area. 6. No more than 10% of the off street parking spaces provided shall be located between the front of the building and Peters Creek Road. 7. All outdoor lighting along the perimeter of the property shall consist of fixtures designed and shielded to direct illumination away from the adjoining properties. Site lighting levels at adjacent property lines shall not exceed .5 foot candle. 8. Except for a service drive which shall be allowed, no more than one curb cut shall be utilized to serve the subject property. The curb cut shall be located either within 20 feet of the southem property line of Tax Map Number 6410106 at its intersection with Peters Creek Road or the 2 northern end of Tax Map Number 6410105. The specific location of the curb cut serving the subject properties and median break shall be subject to a traffic impact study and its review and acceptance of its recommendations by the City during comprehensive site plan review. Attached as Exhibit C are the names, addresses and tax numbers of the owners of all lots or properties immediately adjacent to, immediately across a street or road from the property to be rezoned. WHEREFORE, your 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. This Petition is respectfully submitted this 27'h day of May, 2004. PUBLIC FACILITY CONSORTIUM, LLC, a Virginia limited liability company By: ~-_F~eV(;;t;{-, of Counsel Maryellen F. Goodlatte, Esq. Glenn, Feldmann, Darby & Goodlatte 210 1st Street, S.W., Suite 200 P. O. Box 2887 Roanoke, Virginia 24001-2887 (540) 224-8018 - Telephone (540) 224-8050 - Facsimile mgoodlatte(a;gfdg.com 3 White Birch Holdings, LLC, a Virginia limited liability company, owner of the property subject to this petition, hereby consents to this third amended rezoning petition filed by Public Facility Consortium, LLC, including the voluntary proffers contained herein. WHIIE BIRCH HOLDINGS, LLC _/~~~ ; . By: its: Ii' .l,~ :_1, . , . '. 4 ARS Properties, L.c., owner of the property subject to this petiition, hereby consents to this third amended rezoning petition filed by Public Facility Consortium, LLC, including the voluntary proffers contained herein. :7.&r. Its: --r 5 Branch Management Corp., a Virginia corporation, owner of the property subject to this petition, hereby consents to this third amended rezoning petition tiled by Public Facility Consortium, LLC, including the voluntary protl'ers contained herein. BRi-~GEMENT7t. By: JP/rl ~ _ its: j 6 ,.",...... 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: c1erk@cLroanoke.va.us STEPHANIE M. MOON Deputy City Clerk MARY F. PARKER, CMC City Clerk SHEILA N. HARTMAN Assistant City Clerk May 5, 2004 File #51 Robert B. Manetta, Chair City Planning Commission 2831 Stephenson Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Manetta: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a second amended petition received in the City Clerk's Office on May 5, 2004, from Maryellen F. Good latte , Attorney, representing Public Facility Consortium, LLC, requesting that two tracts of land located at 2903 Peters Creek Road, N. W., containing 11.5 acres, more or less, being the rear portions of Official Tax Nos. 6410105 and 6410106, be rezoned from C-2, General Commercial District, and RS-3, Residential Single-Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Sincerely, /2 /1_ 1 ~ J.<_ / n~..7. - Mary F. Parker, CMC City Clerk MFP:ew Enclosures N:\CKEWl\Rezonings . Street Alley Closing 04\may 2004\Maryellen Goodlatte 2903 Peters Creek Road Public Facility Consortium.second amendment.doc "".... Robert B. Manetta May 5, 2004 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Maryellen F. Goodlatte, Attorney, Glenn, Feldmann, Darby and Goodlatte, P. O. Box 2887, Roanoke, Virginia 24001-2887 Darlene L. Burcham, City Manager Susan S. Lower, Director, Real Estate Valuation Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney N:\CKEWl\Rezonings - Street Alley Closing 04\may 2004\Maryellen Goodlatte 2903 Peters Creek Road Public Facility Consortium.second amendment.doc IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINIA INRE: Rezoning of two tracts of land located at 2903 Peters Creek Road containing 11.5 acres, identified and being official Tax Map Numbers 6410105 and 6410106 from C-2, General Commercial District, and RS-3, Residential Single-Family District, to C-2, General Commercial District, such rezoning to be subject to certain conditions. SECOND AMENDED PETITION TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: Petitioner, Public Facility Consortium, LLC, has contracted to purchase official Tax Map Numbers 6410105 and 6410106 from White Birch Holdings, LLC, Branch Management Corp., and ARS Properties, L.c. (Owners). The frontage depth of both parcels along Peters Creek Road (ranging from 209 feet to 217 feet) is zoned C-2, General Commercial District. The balance is zoned RS-3, Residential Single-Family 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, Petitioner requests that the said property be rezoned from C-2, General Commercial District, and RS-3, Residential Single-Family District, to C-2, General Commercial District, subject to certain conditions set forth below, for the purpose of permitting general and professional offices on the property. The conceptual development plan dated May 5, 2004, is attached hereto as Exhibit B ("Development Plan"). Your petitioner believes the rezoning of the property will further the intent and purposes of the City's Zoning Ordinance and Vision 2001-2020 Comprehensive Plan. This property is located along and would be oriented toward Peters Creek Road. This project will promote quality development and good use along the Peters Creek Road corridor, and would permit this parcel to be used for office purposes consistent with its neighbors. If the said tract is rezoned as requested, your petitioner hereby proffers and agrees as follows: I. That the property shall only be used for general and professional offices including financial institutions. 2. For purposes of storm water management and quality of storm water runoff, the site will be developed to incorporate a series of bioretention areas within the parking areas, subject to tests of the existing soils and conditions and any changes required by the City during comprehensive site plan review. 3. A 20 foot wide landscaped buffer shall be installed and maintained along the rear property line. Said landscaped buffer shall consist of evergreen trees planted at a rate of one tree per 20 linear feet or a portion thereof and evergreen shrubs planted at a rate of 3 feet on center or less. 4. Deciduous trees shall be planted and maintained within or along the perimeter of the onsite parking lots at a rate equal to or greater than one tree planted per every six parking spaces provided. Deciduous trees shall have a minimum 2 1/2" caliper at planting. 5. The number of parking spaces located on the subject property shall be no greater than one parking space per 200 square feet of gross floor area. 6. No more than 10% of the off street parking spaces provided shall be located between the front of the building and Peters Creek Road. 7. All outdoor lighting along the perimeter of the property shall consist of fixtures designed and shielded to direct illumination away from the adjoining properties. Site lighting levels at adjacent property lines shall not exceed .5 foot candle. 8. Except for a service drive which shall be allowed, no more than one curb cut shall be utilized to serve the subject property. The curb cut shall be located either within 20 feet of the southern property line of Tax Map Number 6410106 at its intersection with Peters Creek Road or the 2 northern end of Tax Map Number 6410105. The specific location of the curb cut serving the subject properties and median break shall be subject to a traffic impact study and its review and acceptance of its recommendations by the City during comprehensive site plan review. Attached as Exhibit C are the names, addresses and tax numbers of the owners of all lots or properties immediately adjacent to, immediately across a street or road from the property to be rezoned. WHEREFORE, your 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. This Petition is respectfully submitted this S.,1... day of May, 2004. PUBLIC FACILITY CONSORTIUM, LLC, a Virginia limited liability company By: ~~,.... r: .{t~g ~ 6 Of Counsel Maryellen F. Goodlatte, Esq. Glenn, Feldmann, Darby & Goodlatte 210 1st Street, S.W., Suite 200 P. O. Box 2887 Roanoke, Virginia 24001-2887 (540) 224-8018 - Telephone (540) 224-8050 - Facsimile mgoodlatte(u'gfdg.com 3 White Birch Holdings, LLC, a Virginia limited liability company, owner of the, property subject to this petition, hereby consents to this amended rezoning petition flied by Public Facility Consortium, LLC, including the voluntary protlers contained herein. By: its: \VHlTE BIRCH HOLDINGS, LLC /?~y~ ./ , ./ -?Y f?'-""'7 .-c.../ 4 ARS Properties, L.C., owner of the property subject to this petition, hereby consents to this amended rezoning petition filed by Public Facility Consortium, LLC, including the voluntary proffers contained herein. AP$~TffiS'~ By; ~ . t&"'" I - 1 . ?vu'',o//< 1 5 Branch Management Corp., a Virginia corporation, owner of the property subject to this petition, hereby consents to this amended rezoning petition filed by Public Facility Consortium, LLC, including the voluntary proffers contained herein. R~'~ By / ctJr-,/7 ~ its; / I 6 ~ u> ""Y... e 11 ,.< .. /, Roanoke City "'0 /PI'.-o , " ,. . ~ ~ i ~ , ~ . '" .~ '" " '" '-l .~.~ . S' "- '" , ,/ "t. , ~. - . ~ "'" ~ " , , , " ~ , , " j .. .. --.:....---... -...-......-.. ~o r. .I / (1-------______ " .... .~ 7J.4 <' "\. '!~\~ ", ; !! . ". " " " t! '" .. COunty of Roanoke Peters Creek , . . " "~ .~ , t ~ ~ ~ , . ~ .~ n."ll.l.~1. . o g ~ Rd ; . ~ ~ ~ , ~ . ~ ~ 17"17/1 '\ . 3 '" .< .J. _ COunt) Cjt~ ,~ 4/\ f!! & Pet.ers Creel ~ '0 :i3 ;~ / 1~ ~~ . o .~ ~ ...co'!'...... - . c, o , - ~ ., o . ~ f)"'l1 ~ Jo'U'. a'ff'-- II ::c I, (J) .~ !i~ CONCEPTUAL DEVELOPMENT PLAN PUBLIC FACILITY CONSORTIUM. LLC May 5, 2004 -, -- - - ----_.~=-- -c::..:. ~--- ---,--- -- ~-L,_ ------.. Pf1fRS--CRiiK R , 7 i I ~. '"~~ I" ~.-'-.... ..' ."> -, \ ~ I . \ 0 :.l=~; - ....... ... .... ...~- .. 'I 8! f.1 ------ O~ --='~= J-~'- '-~', /1 '.".(." -'(' 'I /00 .~ . I '- ~/' I ...... '-/'5--'/0. : . S' ( '! / ........-.. '/' . ' /" '/. .' 1 'Co: .I.o&-" ./i .........1..'......... I' ~.~.~ I m.......,/. . ~-I "~ - -.L::~~: --- pI /// . ----~--:i \ \.\ . "', \ '...,' . """ "..',..: '- '..) ,\1 \ . ,:-- \ \1'. \1 '- . -\'. ....>1 \ ....\~"\.~ .... \ \ \ ", t ", \'1 \ 1\ " '1,.1 II, ",0 II .0 II Ii I , 'I I ! l- I I 1;1 !Ill" ii o ~ 8 ~ I , " , " r "Il'ili!' JI \ \ 11'1" ' ~; ( I "i'!'I'll " \ 1 '~i B I ~ ~ ., \ I! " !I' I I \ , \ \.: jl 11'1 M' \ j .-~~., , \ I I' Ill.ii ~i '\ / ;' Ii !i" I . / ,1.,1 I'l! ! .-! " '. ! 1111;:I! I \ 111'11:, \ / I iil:!:! , \ ~ I ;e,fin '-- ~ __J ADJOINING PROPERTY OWNERS FOR Tax Parcel Number 6410105, containing 4.80 Acres, Zoned C-2 and RS-3, and Tax Parcel Number 6410106, containing 6.18 Acres, Zoned C-2 and RS-3 Tax Map Number Owner/Owners and Mailing Address ROANOKE CITY PROPERTIES 6410104 Lingerfelt Enterprises, Inc. 2839 Peters Creek Road, N.W. Roanoke, Virginia 24019 6410103 Robert C. Brammer 2386 Loch Haven Drive Roanoke, Virginia 24019 6410116 Joan F. Showalter and Lura Showalter 4623 Cove Road, N.W. Roanoke, Virginia 24017 6410111 Greenwood Group, Inc. P. O. Box 11231 Blacksburg, Virginia 24062 641011 0 Melrose Christian Church 4807 Cove Road, N. W. Roanoke, Virginia 24017 6410107 Barbara T. Brammer 2386 Loch Haven Drive Roanoke, Virginia 24019 ROANOKE COUNTY PROPERTIES 037.17-01-02.00 Carlos B. Hart Patricia R. Hart 504 High Street Salem, Virginia 24153 037.13-04-05.00 Richard D. Steen 2840 Peters Creek Road Roanoke, Virginia 24019 037.13-04-04.00 Slakman Investment, LLC 2900 Peters Creek Road Roanoke, Virginia 24019 GLENN FELDMANN DARBY GOODLATTE MARYELLEN F. GOODLA TTE Direct Dial (540) 224-8018 E-mail mgoodlatte@gfdg_com 210 1st Sneer S,W Suite 200 May 5, 2004 Post Office Box 28H7 Roanoke, Virgini8 24001 540.224.8000 Fax 540.224.8050 HAND DELIVERED gfdg@gfdg.com Mr. Andrew Warren Roanoke City Planning & Development Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Re: Rezoning of two tracts of land located at 2903 Peters Creek Road Official Tax Map Numbers 6410105 and 6410106 Rezoning from C-2 and RS-3 to C-2 Dear Andrew: We enclose an original and two copies of the Second Amended Petition with all exhibits attached thereto for the above-referenced rezoning. Weare also enclosing three full-sized copies of the concept plan along with one reduced (11 x 17) copy. If you have any questions or need further information, please do not hesitate to call me. Very truly yours, ~ Maryel!en F. Goodlatte MFG:lnh:5546000 Enclosures cc: PjJblic Facility Consortium, LLC (w/enc.) ...-Ms. Mary F. Parker (w/enc.) 1954 'TJelebraiin'l50 dJ/ear.s oj 0mJice 2004 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, May 20, 2004, at I :30 p.m., or as soon thereafter as the matter may be heard, in the Emergency Operations Center Conference Room, Room 159, first floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., to consider the following: Request from Public Facility Consortium, LLC, represented by Maryellen F. Goodlatte, attorney, that two tracts ofland located on Peters Creek Road, N.W., bearing Official Tax Nos. 6410105 and 6410106, be rezoned from RS-3, Residential Single Family District and C-2, General Commercial District, to C-2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. A copy ofthe 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, May 4 and II, 2004 Please bill: Maryellen F. Goodlatte, Eq. Glenn, Feldmann, Darby & Goodlatte 210 1st Street, S.W., Suite 200 POBox 2887 Roanoke, VA 24001-2887 (540) 224-8018 Please send affidavit of publication to: Martha P. Franklin Department of Planning Building and Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 ......,........ ......., @l~ _:t;:.dJ\~.' , . '" , .. '"IfNic,j" CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church A venue, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@ci.roanoke.va.us STEPHANIE M. MOON Depnty City Clerk SHEILA N. HARTMAN Assistant City Clerk MARY F. PARKER, CMC City Clerk April 26, 2004 File #51 Robert B. Manetta, Chair City Planning Commission 2831 Stephenson Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Manetta: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an amended petition received in the City Clerk's Office on April 26, 2004, from Maryellen F. Goodlatte, Attorney, representing Public Facility Consortium, LLC, requesting that a portion of two tracts of land located at 2903 Peters Creek Road, N. W., containing 9.201 acres, more or less, being the rear portions of Official Tax Nos. 6410105 and 6410106, be rezoned from RS-3, Residential Single-Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Sincerely, ~ frJ. rY)omJ Stephanie M. Moon, CMC Deputy Clerk SMM;ew Enclosures N,ICKEW1\1l.emainp . Sited A1ley ONiag Cl4\may 2004IMarycU." GoodIatu: 2903 htcn Crcet Rold PIoblic: Facility Cnnsortium.doc .".-.< Robert B. Manetta April 26, 2004 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Maryellen F. Goodlatte, Attorney, Glenn, Feldmann, Darby and Goodlatte, P. O. Box 2887, Roanoke, Virginia 24001-2887 Darlene L. Burcham, City Manager Susan S. Lower, Acting Director, Real Estate Valuation Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney N:\CKEWI\lle2ooio&S - SlreeI AIleyOosirllll4\may2~\MarycllCllGoocllJllc2903 PClCrlI CrcckRDad Pvblit FIci1ityColllonium.doc IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINIA INRE: Rezoning of two tracts ofland located at 2903 Peters Creek Road containing 11.5 acres, identified and being official Tax Map Numbers 6410105 and 6410106 from C-2, General Commercial District, and RS-3, Residential Single-Family District, to C-2, General Commercial District, such rezoning to be subject to certain conditions. AMENDED PETITION TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: Petitioner, Public Facility Consortium, LLC, has contracted to purchase official Tax Map Numbers 6410105 and 6410106 from White Birch Holdings, LLC, Branch Management Corp., and ARS Properties, L.C. (Owners). The frontage depth of both parcels along Peters Creek Road (ranging from 209 feet to 217 feet) is zoned C-2, General Commercial District. The balance is zoned RS-3, Residential Single-Family 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, Petitioner requests that the said property be rezoned from C-2, General Commercial District, and RS-3, Residential Single-Family District, to C-2, General Commercial District, subject to certain conditions set forth below, for the purpose of permitting general and professional offices on the property. The conceptual development plan dated April I, 2004, is attached hereto as Exhibit B ("Development Plan"). Your petitioner believes the rezoning of the property will further the intent and purposes of the City's Zoning Ordinance and Vision 2001-2020 Comprehensive Plan. This property is located along and would be oriented toward Peters Creek Road. This project will promote quality development and good use along the Peters Creek Road corridor, and would permit this parcel to be used for office purposes consistent with its neighbors. Your petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the property shall only be used for general and professional offices including [mancial institutions. Attached as Exhibit C are the names, addresses and tax numbers of the owners of all lots or properties immediately adjacent to, immediately across a street or road from the property to be rezoned. WHEREFORE, your 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. This Petition is respectfully submitted this ~.. ~day of April, 2004. PUBLIC FACILITY CONSORTIUM, LLC, a Virginia limited liability company By: ~r:~ Of Counsel Maryellen F. Goodlatte, Esq. Glenn, Feldmann, Darby & Goodlatte 210 1st Street, SW., Suite 200 P. O. Box 2887 Roanoke, Virginia 24001-2887 (540) 224-8018 - Telephone (540) 224-8050 - Facsimile mgoodlatte@gfdg.com 2 z 5 Cl.u 1--' z~ w::E :IE'" Cl.5 00 -1~ wg ~5 Ci!~ ::::lu li:a w::> u'" Z o u .' "- ') l , ,1 I \ I , \ / A , \ I \ I I I \ , \ \ \ \ \ \ , \ \ \ \ \ \ \ \ Ii. K .. , ." [ > , , \ I I I I I , 'i:",/' I ~ " ~ . U \ , '-, ~ . o .. . ! , . ." ! c -6 .., +" ." \ '\ o , o ,/ +" '. '."-.' ~, ~~ .' / / 0'1'011 "l3ll:l ~lU" 'f I' 1/ ~ J . . '------.~ "C ~, ~~ , '~ \, /~ l ~ ....r..... ~ 1; .-" . 5 ;;, ~ ~ " , ~., ... ... Roa~oke City /~"-,, . ~ . '" '..... "- '" " " ,'I "r.s-." i;' ~ .;:,.. . '~ .t; - , '" ~ . ~ " . 6- .t- " , ... " ./ , i " ~ , . ~ -, ;'" .. .. \ - u~' 7J.. '\ ." -r~~ ; Ii .... . ," .. County of Roanoke Peters Creek . t ~ ~ " " ~ ~ . ~ ~. Rd ',1: =(i ;~ .,.... . ~ ~ . , ~ . ...~x ~ il ~~ ~~ / , " .".\~... ." ~iJ ~ ''\ . ;, .. ~ - COU'.1t) Cit~ Peters Creel ~ / . . .~ ~ ! i -0 ~......,. . " . " .. c. ~ ~ .t ~ " , '''', t ~ \; . ~ .J'..1' ....1J't!'-- , .. . " ~ ~ ,"' ADJOINING PROPERTY OWNERS FOR Tax Parcel Number 6410105, containing 4.80 Acres, Zoned C-2 and RS-3, and Tax Parcel Number 6410106, containing 6.18 Acres, Zoned C-2 and RS-3 Tax Map Number Owner/Owners and Mailing Address ROANOKE CITY PROPERTIES 6410104 Lingerfelt Enterprises, Inc. 2839 Peters Creek Road, N.W. Roanoke, Virginia 24019 6410103 Robert C. Brammer 2386 Loch Haven Drive Roanoke, Virginia 24019 6410116 Joan F. Showalter and Lura Showalter 4623 Cove Road, N.W. Roanoke, Virginia 24017 6410111 Greenwood Group, Inc. P. O. Box 11231 Blacksburg, Virginia 24062 6410110 Melrose Christian Church 4807 Cove Road, N.W. Roanoke, Virginia 24017 6410107 Barbara T. Brammer 2386 Loch Haven Drive Roanoke, Virginia 24019 ROANOKE COUNTY PROPERTIES 037.17-01-02.00 Carlos B. Hart Patricia R. Hart 504 High Street Salem, Virginia 24153 037.13-04-05.00 Richard D. Steen 2840 Peters Creek Road Roanoke, Virginia 24019 037.13-04-04.00 Slakman Investment, LLC 2900 Peters Creek Road Roanoke, Virginia 24019 GLENN FELDMANN DARBY GOODLATIE MARYELLEN F. GOODLATTE Direct Dial (540) 224-8018 E-mail mgoodlatte@gfdg.com April 26, 2004 210 1st Street S.W. Suite 200 Post Office Box 2887 Roanoke, Virginia 24001 HAND DELIVERED 540,224,8000 Fax 540,2248050 Ms. Nancy Snodgrass Roanoke City Planning & Development Municipal Building, Room 177 215 Church Avenue, S.W. Roanoke, Virginia 24011 gfdg@gfdg.com Re: Rezoning of two tracts ofland located at 2903 Peters Creek Road Official Tax Map Nwnbers 6410105 and 6410106 Rezoning from C-2 and RS-3 to C-2 Dear Nancy: We enclose an original and two copies of the Amended Petition with all exhibits attached thereto for the above-referenced rezoning. If you have any questions or need further information, please do not hesitate to call me. Very truly yours, lJ1o.y..Vu- Maryellen F. Goodlatte MFG:lnh:5546000 Enclosures cc: Public Facility Consortiwn, LLC (w/enc.) Ms. Mary F. Parker (w/enc.) 1954 '1Ilete6ratincj 50 2f..eats ~ e>erlJice 2004 '.~ . . .- -q~~ . .' -- , ' 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~maiJ: c1erk@cLroanoke.va.u5 MARY F. PARKER, CMC City Clerk April 2, 2004 File #51 Robert B. Manetta, Chair City Planning Commission 2831 Stephenson Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Manetta: ,'.. STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition received in the City Clerk's Office on April 1, 2004, from Maryellen F. Goodlatte, Attorney, representing Public Facility Consortium, LLC, requesting that a portion of two tracts of land located at 2903 Peters Creek Road, N. W., containing 9.201 acres, more 0 r less, being the rear portions of Official Tax Nos. 6410105 and 6410106, be rezoned from RS-3, Residential Single-Family District, to C-2, General Commercial ~istrict, subject to certain conditions proffered by the petitioner. \ A"... let.< Mary F. Parker, CMC City Clerk MFP:sm Enclosures N:\CKEWI\Rc;ooungs.Slr"",-Alk:yOos;Ull04\ApriI\MlrycllmGoodl'IICIPubl;cF"",ilityC'olls,,";urn.LLCl.doc .... ...... . . - Robert B. Manetta April 2, 2004 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Maryellen F. Goodlatte, Attorney, Glenn, Feldmann, Darby and Goodlatte, P. O. Box 2887, Roanoke, Virginia 24001-2887 Darlene L. Burcham, City Manager Susan S. Lower, Acting Director, Real Estate Valuation Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney N:\CKEW1\Rczrmillg!i' Sire'" AlIC)I ClosiDg04\AprillMarycI1C1l Goodlllllc (Public f*,ilityColls"nillIl~ li.C).doc Nt.50303.{ GLENN FELDMANN DARBY GOODLATIE MARYELLENF. GOODLATTE Direct Dial (540) 224-8018 E-mail mgoodlatte@gfdg.com April 1, 2004 210 1st S,:reet S,W. Suite 200 Post Office Box 2887 HAND DELIVERED R()anoke. Virginia 24001 Ms. Martha Franklin Roanoke City Planning Commission Municipal Building, First Floor 215 Church Avenue, S.W., Room 162 Roanoke, Virginia 24011 540224.8000 Fax 540224,8050 gfdg@gfdg.com Re: Rezoning of a portion of two tracts of land located at 2903 Peters Creek Road Tax Map Numbers 6410105 and 6410106 Rezoning from RS-3 to C-2 Dear Martha: Pursuant to Public Facility Consortium, LLC's rezoning request, we enclose the following for filing: I. An original and two copies of a Petition, with all exhibits attached thereto, requesting that a portion of two tracts of land located in the City of Roanoke be rezoned from RS-3 toC-2; 2. Nine reduced copies of the site plan; and 3. Our firm's check in the amount of $1,150.00 to cover the cost of filing. If you have any questions or need further information, please do not hesitate to call me. Very truly yours, ~ Maryellen F. Goodlatte MFG:lnh:5546000 Enclosures cc: Public Facility Consortium, LLC (w/enc.) vMs. Mary F. Parker (w/enc.) 1954 c:rge/eb~atin'i! 50 d}}ears r1 eSe~)Jice 2004 No.t50:;ot>~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA INRE: Rezoning of a portion of two tracts of land located at 2903 Peters Creek Road containing 9.201 acres, identified and being the rear portions of official Tax Map Numbers 6410105 and 6410106 from RS-3, Residential Single-Family District, to C-2, General Commercial District, such rezoning to be subject to certain conditions, PETffiON TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: Petitioner, Public Facility Consortium, LLC, has contracted to purchase official Tax Map Numbers 6410105 and 6410106 from White Birch Holdings, LLC, Branch Management Corp., and ARS Properties, L.C. (Owners). The frontage depth of both parcels along Peters Creek Road (ranging from 209 feet to 217 feet) is zoned C-2, General Commercial District. The balance is zoned RS-3, Residential Single-Family District. A metes and bounds description of the property to be rezoned is attached as Exhibit A. A map of the property to be rezoned is attached as Exhibit B. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, Petitioner requests that the said property be rezoned from RS-3, Residential Single-Family District, to C-2, General Commercial District, subject to certain conditions set forth below, for the purpose of permitting general and professional offices on the property. The conceptual development plan dated April!, 2004, is attached hereto as Exhibit C ("Development Plan"). Your petitioner believes the rezoning of the property will further the intent and purposes of the City's Zoning Ordinance and Vision 2001-2020 Comprehensive Plan. This property is located along and would be oriented toward Peters Creek Road. This project will promote quality development and good use along the Peters Creek Road corridor, and would pennit this parcel to be used for office purposes consistent with its neighbors. Your petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the property shall only be used for general and professional offices including financial institutions. Attached as Exhibit D are the names, addresses and tax numbers of the owners of all lots or properties immediately adjacent to, immediately across a street or road from the property to be rezoned. WHEREFORE, your 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. YI This Petition is respectfully submitted this I day of April, 2004. PUBLIC FACILITY CONSORTIUM, LLC, a Virginia limited liability company By: ~ F rd&stf2i~ Of Counsel Maryellen F. Goodlatte, Esq. Glenn, Feldmann, Darby & Goodlatte 210 1st Street, SW., Suite 200 P. O. Box 2887 Roanoke, Virginia 24001-2887 (540) 224-8018 - Telephone (540) 224-8050 - Facsimile mgoodlatte(lV.gfdg.com 2 White Birch Holdings, LLC, a Virginia limited liability company, owner of the property subject to this petition, hereby consents to this rezoning petition filed by Public Facility Consortium, LLC, including the voluntary proffers contained herein. WHIlE BIRCH HOLDINGS, LLC By; /~><-~~ its: ,/f::? a-.- -p ~ _ -- 3 _ Apr 01 04 01:07p Branch Management 540-774-1359 p.2 Branch l\-lanagement Corp., a Virginia COllJOration, owner of the property subject to this petition, hereby consents to this rezoning petition filed by Public Facility Consortium. LLC, including the voluntary profters contained herein. R%~..- E~. B'. ~ it;: I tfll!fL' NT 04/01/2004 11:49 FAX 540 989 7062 STRAUSS/STRUCTURES 141002 ARS Properties, L.C., owner of the property subject to this petition, hereby consents to this rezoning petition filed by Public Facility Consortium, LLC, including the voluntary proffers contained herein. By: its: Comm: 2004-001 The following is a description for portions of Tax Parcels 6410105 and 6410106 to be rezoned to C-2 zoning located within the City of Roanoke. The description is as follows: BEGINNING at the southwesterly comer of property of Lingerfelt Enterprises, Inc. (D. B. 1783, Page 994), being Roanoke City Tax Parcel 6410104; N 410 06' 18" E, 165.64 feet to an existing iron pin, said point located on the southerly property line of Robert C. Brammer (D.B. 1739, Pg. 540), Tax #6410103 ; thence leaving Lingerfelt and with Brammer, S 520 10' 50" E, 800.64 feet to a set iron pin, said point being the southeasterly comer of Brammer and located on the westerly property line of Joan F. and Lura Showalter, Instrument #000016156 (Tax #6410116); thence leaving Brammer and with Showalter, S 300 00' 00" W, 429.73 feet to a set iron pin, said point being the northeasterly comer of Greenwood Group, Inc., Instrument #0000013382, Tax #6410111; thence leaving Showalter and with Greenwood, N 58013' 05" W, passing the northwesterly comer of Greenwood at approximately 550.51 feet and with Melrose Christian Church (Tax #6410110), in all 898.10 feet to the northeast comer of property of Barbara T. Brammer (D.B. 1718, Pg. 1076), Tax #6410107, thence leaving Brammer and with the existing zoning line thru Tax Numbers 6410105 and 6410106; N 41046' 21" E, 355.68 feet to the place of BEGINNING and containing 9.201 acres. ~ o c o o .;:;>: Q: c " :ZO:Z.~( 0 '0 ---------...':: 2- J'4!",... (] z9lO ~y ::-.\29~ ~ I o 0: 2- c ::l o U & "9 <; o 0: ," <- " ...> " 0.. - o Q) -'" o c: " o 0: 2- U ~ '. , E " E .1! . "- 4.4/0104 ........ "0 0: -'4 Q) Q) G v. . . , C:d,1.0itJ7 ..~tal.ll ---...... .".., (II/J:J) :J~!7 f.pt.{.IYUO " "!". (r~/.~, $.8.4., HItJ.It73 ~4/0/0S 4.41010," '. " III~") /(J7/~) 6,~S) ,< ," "." $<#.,7 (041&1// " " " ~./ $.41,10,,_ 4.80 At:.. ". " --.. ~4101"2 3.tJ .q~. "6,18'.04.:. 5:78 A~. ,~.,. , . . . 'J ;~ . ~ .' . ~ \ \ \ \, t. ',(, 'J~.. "j. . &.410/1'- '/ToO""._ "',~- ...:..-c---TJ?..:l \ DPMENT PLAN iORTIUM, LLC ~ ----.-/ '. ./ :::--< --- .-....... "">-.., ',->< .' ...............,-..-....... / /1 I \ A I i ! ,....J ! " L \ II I ,1 'i !i i ,.o' / /---' / /.---_::~.- / / / / .--' ; \ \ / -"' / i I ! I i I >'1 --- :o..J, .---::,..-..---.- 't i\ I \, !' -- ePlor. . - - GIIAl>MIC s!:.I.lrs ".../"... . '1e:;ll'ic:!;O/lS on !he litltpoge 01 ",",proposol April 1, 2004 SitePlcn ADJOINING PROPERTY OWNERS FOR Tax Parcel Number 6410105, containing 4.80 Acres, Zoned C-2 and RS-3, and Tax Parcel Number 6410106, containing 6.18 Acres, Zoned C-2 and RS-3 Tax Map Number Owner/Owners and Mailing Address ROANOKE CITY PROPERTIES 6410104 Lingerfelt Enterprises, Inc. 2839 Peters Creek Road, N.W. Roanoke, Virginia 24019 6410103 Robert C. Brammer 2386 Loch Haven Drive Roanoke, Virginia 24019 6410116 Joan F. Showalter and Lura Showalter 4623 Cove Road, N.W. Roanoke, Virginia 24017 6410111 Greenwood Group, Inc. P. O. Box 11231 Blacksburg, Virginia 24062 6410110 Melrose Christian Church 4807 Cove Road, N.W. Roanoke, Virginia 24017 6410107 Barbara T. Brammer 2386 Loch Haven Drive Roanoke, Virginia 24019 ROANOKE COUNTY PROPERTIES 037.17-01-02.00 Carlos B. Hart Patricia R. Hart 504 High Street Salem, Virginia 24153 037.13-04-05.00 Richard D. Steen 2840 Peters Creek Road Roanoke, Virginia 24019 037.13-04-04.00 Slakman Investment, LLC 2900 Peters Creek Road Roanoke, Virginia 24019 CONCEPTUAL DEVELOPMENT PLAN PUBUC FACILITY CONSORTIUM, LLC \ ; I I \ , ~ /" .......... ./' "-< ./------- :---.... .~. \ I \ .-1-....:.- \ i \ '-,Ir';ffj'; -~t:-",,',' \ " ,. \ ;..! '\, \1 \{' t'r ~ ~ /" /" /" ~ " ~ -- " i /" ~ ~~ /" ~ -- L\ \1 I, ,1 j! I ! I I I I 1 I I " -"' 'j 1" '-l -' !~ 1 I ','I' ~. '" , " ~~ -"" --- "-- \\ , I, -"':~"-':;' / /" /" /" ~ I _~c"'- 1.--- /// / / , / i Q GlUPtllC !:['.J.lrs / I PetersC~ekRoodSitePlan Sitll Pion U... Otdj"""""~reo'Jotaccnla;"..don!hj$p"gef'$Ubiedll>the"':frict"",.ontn.ml..pageofrn;"prop",,,/ PROPRIETARY April 1, 2004 8j. .~.~.'0" 0 ". ~ .. .- CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church A venue, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail;c1erk@cLroanoke.va.us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk MARY F. PARKER, CMC City Clerk June 28, 2004 File #51 Edward N. Nan, Attorney Osterhoudt, Prillaman, Nan, Helscher, Yost, Maxwell and Ferguson P. O. Box 20487 Roanoke, Virginia 24018 Dear Mr. Natt: I am enclosing copy of Ordinance No. 36748-062104 amending certain conditions presently binding upon property located at the intersection of Orange Avenue and King Street, N. E., Official Tax No. 7090511, so that the property is zoned C-2, General Commercial District, with proffers amended from those accepted by Council by adoption of Ordinance No. 29147 on June 20, 1988, and that the Sectional 1976 Zone Map be amended to reflect proffered conditions as shown in the First Amended Petition to Amend Proffers filed in the City Clerk's Office on May 27, 2004, and as set forth in the report of the City Planning Commission dated June 21, 2004, to provide that the subject property is zoned C-2, General Commercial District, with proffers. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 21, 2004, and is in full force and effect upon its passage. A.~ J.L Sincerely, MFP:ew Mary F. Parker, CMC City Clerk Enclosure Edward N. Natt June 28, 2004 Page 2 pc: Branch/KRW, LLC, 4553 Franklin Road, S. W., Roanoke, Virginia 24014 JRN Chicken Stores, Inc., P. O. Box 22845, Oklahoma City, Oklahoma 73123 Kroger Limited Partnership, 1014 Vine Street, Cincinnati, Ohio 45202 D. White Properties, LLC, 2367 Alexander Palm Drive, Naples, Florida 34105 McDonald's Corporation, 2965 Colonnade Drive, Suite 310, Roanoke, Virginia 24018 Workman Oil Company, P. O. Box 566, Forest, Virginia 24551 Amocco Oil Company, P. O. Box 5077, Atlanta, Georgia 30302 Robert B. Manetta, Chair, City Planning Commission 2831 Stephenson Avenue, S. W., Roanoke, Virginia 24014 Darlene L. Burcham, City Manager Rolanda B. Russell, Assistant City Manager for Community Development Martha P. Franklin, Secretary, City Planning Commission Susan S. Lower, Director, Real Estate Valuation Karl S. Cooler, Building Commissioner Philip C. Schirmer, City Engineer Steven J. Talevi, Assistant City Attorney /' .,-:' '- . \ ~~\f'\ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36748-062104. AN ORDINANCE to amend 9936.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No.709, Sectional 1976 Zone Map, City of Roanoke, in order to amend certain conditions presently binding upon certain property previously conditionally zoned C-2, General Commercial District; and dispensing with the second reading by title of this ordinance. WHEREAS, Mid-South Management, LLC filed an application to the Council of the City of Roanoke to amend certain conditions presently binding upon a tract ofland lying at the intersection of Orange Avenue and King Street, N.E., being designated as Official Tax No. 7090511, which property was previously rezoned C-2, General Commercial District, with proffers, by the adoption of Ordinance No. 29147, adopted June 20, 1988; WHEREAS, Mid-South Management, LLC seeks to have the subject property zoned C-2, General Commercial District, with proffers amended from those accepted by City Council in Ordinance No. 29147, adopted June 20,1988; WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by 936.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on June 21, 2004, after due and timely notice thereof as required by 936.1-693, 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 amendment; 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 conditions now binding upon a tract ofland lying at the intersection of Orange A venue and King Street, N.E., being designated as Official Tax No. 7090511, and the matters presented at the public hearing, should be amended as requested, so that the property is zoned C-2, General Commercial District, with proffers amended from those accepted by Council by the adoption of Ordinance No. 29147 on June 20, 1988. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: I. Sections 36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 709 of the Sectional 1976 Zone Map, City of Roanoke, be amended to reflect the changes in proffered conditions as shown in the First Amended Petition to Amend Proffers filed in the City Clerk's Office on May 27,2004, and as set forth in the report of the Planning Commission dated June 21,2004, so that the subject property is zoned C-2, General Commercial District, with proffers. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ~~ JL ATTEST: City Clerk. H:\ORDINANCES\Q.AMENDPROFFERS-MID-SOUTHMGMT062104.DOC ". Architectural Review Hoard Hoard of Zonin~ Appeals Plannin~(:ommissio" CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Aveuue, S.W., Room 166 Roauoke, Virgiuia 24011 Telephoue: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning@ci.roanoke.va.us June 21, 2004 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 Mid-South Management, LLC, represented by Edward A. Natt, attorney, that proffered conditions accepted by City Council in Ordinance No. 29147, adopted June 20, 1988, be repealed and replaced with new proffered conditions on a tract of land bearing Official Tax No. 7090511, located at the intersection of Orange Avenue and King Street, N.E. Planning Commission Action: Planning Commission public hearing was held on Thursday, May 20, 2004. Bya vote of 6-0 (Mr. Rife absent), the Commission recommended approval of the request to amend proffered conditions as amended at the public hearing. Background: In June, 1988, by Ordinance No. 29147, the property identified as Tax Map No. 7090511 was rezoned from LM, Light Manufacturing District, to C-2, General Commercial, with proffered conditions, for the purpose of constructing a drive- through banking facility. The conditions presently binding upon Tax Map No. 7090511 as a result of the conditional C-2, General Commercial, rezoning in 1988 are as follows: 1. That the property will be developed in substantial compliance with the site development plan prepared by T. P. Parker & Son, Engineers and Surveyors, Ltd., dated 13 April 1988, a copy of which is attached to the Petition for Rezoning as Exhibit C, subject to any changes required by the City during site plan review. 2. That if no building permit has been issued and no construction commenced within 3 years form the date of final zoning approval, the zoning shall revert to Light Manufacturing (LM) District without further action by City Council. A petition to amend proffered conditions on Tax Map No. 7090511 was filed on April 1, 2004. An amended petition to amend proffered conditions was filed on May 27, 2004 The petitioner requests that the proffers as stated above and enacted by Ordinance No. 29147 be repealed as they apply to Tax Map No. 7090511 and the following proffered conditions be substituted and adopted for those existing proffers delineated above: 1. That the subject property shall be developed for the location of a drive-thru car wash in substantial conformity with the site development plan dated 31 March 2004, prepared by T. P. Parker & Son, attached to this Petition as Exhibit 2. 2. That the only freestanding signage on the premises shall be as indicated on the proffered site development plan dated March 31, 2004, identified in Paragraph 1 above, which signage shall not be greater than sixty (60) square feet. 3. That the exterior of the building shall be brick face with a standing seam metal roof with gables. Considerations: As contact purchaser of the subject property, the petitioner requests that the proffered conditions that apply to Tax Map Number 7090511 be repealed and that new proffered conditions be applied to the subject property for the purposes of constructing a drive-through car wash. The bank that was the proffered use of the site in the approved conditional rezoning in 1988 was never built. The subject property, which contains 0.7214 acres, is located on the southwest corner of the intersection of Orange Avenue, N.E., and King Street, N.E. The vacant parcel has 258 feet of frontage on Orange Avenue and 122 feet of frontage on King Street. The subject property fronts on the Orange Avenue corridor and King Street and is surrounded by a variety of commercial uses. · Tracts on the same side of Orange Avenue within a one-block area to the east and west are zoned C-2, General Commercial, and include fast food 2 restaurants, a grocery store, drive-through bank, nail salon, motel, and appliance center. · Tracts on the opposite side of Orange Avenue within a one-block area to the east and west to Seibel Drive are zoned C-2, General Commercial, and LM, Light Manufacturing, and include a building supplies establishment, fast food restaurant, service station, and tire center. · Zoning to the south along King Street is LM, Light Manufacturing, and includes a call center and a non-conforming single-family structure. · Zoning to the rear of adjoining properties along King Street is RM-2, Residential Multifamily, Medium Density District, and includes an apartment complex. Under the current conditional C-2 zoning of the subject property, commercial development is limited to the 1988 Signet Bank site plan that includes a building of apprOXimately 2,300 square foot, 30 parking spaces, two drive- through aisles, and points of access on Orange Avenue and King Street. In evaluating the current petition to amend proffers, there are two basic planning issues to consider; namely, (1) a change in land use, and (2) traffic generation. I) Land Use: o The current land uses along the commercial corridor of Orange Avenue and along King Street include a variety of commercial uses as indicated previously in this report. The proposed car wash is consistent with the types of uses found along the Orange Avenue corridor, which carries both local and commuter traffic. 2) Traffic Generation: o The proposed use and development of the site should not be of a greater intensity and design than that approved in 1988 given the increased traffic on Orange Avenue and the poorly operational intersection at Orange Avenue and King Street. o Charts from the Trip Generation Manual, 6th Edition, indicate that a drive-through bank of 2,000 square feet will generate 100 average vehicle trip ends, while a bank of 3,000 square will generate 150 average vehicle trip ends. o A car wash facility results in peak dav generation rather than peak hour traffic. The Trip Generation Manual shows that a majority of the traffic for a car wash is generated on a Saturday. Whereas Weekday P.M. Average Vehicle Trip Ends is less than 40 for a self- service, 5-bay car wash (an automated 4-bay car wash is proffered in this petition), the Saturday generation ranges from 55 to 150 vehicle trip ends. 3 . Because the proposed car wash is automated, the facility can only handle a set number of vehicles per hour. Given that each bay can handle a maximum of 12 vehicles per hour, the proposed 4-bay facility can handle a maximum of 48 vehicles per hour (or 96 average vehicle trip ends). Based upon the actual operating data of a similar 2-bay car wash facility in a surrounding jurisdiction, the anticipated daily traffic volume for the proposed 4-bay car wash is 280 vehicles (560 trip ends). o The subject parcel is located at an intersection that experiences congestion at peak travel periods. The Transportation Division of the City advises that any future roadway improvements at this location would likely extend along King Street beyond the entrance to this proposed development. These potential improvements may result in left turns from the subject property being restricted in the futu re. By the proffered site plan and the language of proffer #2, the petition limits freestanding signage to one, to be located at the corner of the property located at the intersection of King and Orange and to be restricted to sixty (60) square feet in sign area. This proffered condition is consistent with Vision 2001- 2020's policy that signs should be limited in number and scaled in size to minimize visual clutter (p. 95, Trees, Signs, and Lighting). Consistent with the policies of Vision 2001-2020 regarding streetscape and design, the petitioner proffers that the exterior of the building will be brick and that the building will have a standing seam metal roof with gables. Furthermore, the open bays are situated so as not to face Orange Avenue. The application of C-2, General Commercial, to the subject properties, situated along the Orange Avenue corridor, is appropriate, provided any amendment of proffered conditions on the site satisfactorily addresses traffic generation issues relative to the drive-through bank already approved on the site and provides a definition of signage and design of the building consistent with the policies of Vision 2001-2020. The Planning Commission received a letter of opposition from the Wildwood Civic League, stating that the civic league did "not feel that it is an adequate location for this purpose as it would increase traffic at an intersection that has far too many vehicles than what it was originally designed already." A copy of the letter from Mr. McDermott on behalf of the Wildwood Civic League is attached. The Commission also received letters voicing similar concerns about 4 traffic at this intersection from JRN, Inc., Kroger, and Bobby Dillon, President, Wildwood Civic League. The following persons spoke at the Planning Commission public hearing on May 20, 2004: · Ms Johnnie Speight, attorney representing KFC and Kroger, stated these entities were not opposed to the proposed use of the subject property as a car wash but were concerned about the traffic issues at the intersection of King Street and Orange Avenue. She strongly encouraged the City to use this opportunity to resolve the traffic issues at this location. · Carey Pugh, representing Kroger, also reiterated that although Kroger is not opposed to the car wash use of the subject property, there are serious traffic issues at this intersection that the City needs to address. She indicated Kroger's willingness to share financially in the responsibility for resolving the traffic issues through possible strategies such as the widening of King Street and the addition of turn lanes. · Phil McDermott, Vice President, Wildwood Civic League, expressed Concern about the amount and speed of traffic on King Street. Although he expressed concern over the number of car washes in the area, the Civic League's main concern is the traffic at this intersection. Planning Commission discussion centered on the following: · Encouraging the City to find and implement a solution to the traffic problems at the intersection of King Street and Orange Avenue; · Ensuring that Kroger's offer to share financially in the responsibility for solving the traffic issue is relayed to the City Manager; · Concerns over approving further development at this intersection without first addressing the traffic problems of this intersection; · A possible continuance of the request, ultimately centering on recognition that the traffic issue cannot be resolved in merely a matter of a couple of months; and · Traffic generation of the proposed car wash relative to traffic generation of the preViously approved drive-through bank on the subject property. Recommendation: By a vote of 6-0 (Mr. Rife absent), given the previously proffered and approved drive-through bank on the subject property and the proffered conditions, the 5 Commission recommended approval of the request to amend proffered conditions, as amended. Respectfully submitted, ~~fVl~ Robert B. Manetta, Chairman~ City Planning Commission cc: Darlene L. Burcham, City Manager Rolanda Russell, Assistant City Manager for Community Development William M. Hackworth, City Attorney Steven j. Talevi, Assistant City Attorney Edward A. Natt, Attorney for the Petitioner 6 l. (. Orange Ave & King St, NE N w E s AMENDED PETITION TO AMEND PROFFERS IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA INRE: Amendment of Proffered Conditions for a tract of land lying in the southwest corner of the intersection of Orange Avenue, N.E. and King Street, N.E. identified as Tax Map No. 7090511 TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: By Ordinance No. 29147, at the request of Signet Bank, City Council rezoned the property identified as Tax Map .No. 7090511 from LM, Light Manufacturing District, to C-2, General Commercial District with proffered conditions. Said parcel of land contains 0.7214 acres, more or less. A map of the property is attached hereto as Exhibit 1. Your Petitioner herein, MID-SOUTH MANAGEMENT, LLC, a Virginia limited liability company, is the contract purchaser of said parcel. > Your Petitioner requests that the conditions relating to said property be amended as hereinafter set out. Your Petitioner believes that the subject amendment of proffers will further the intent and purposes of the City Zoning Ordinance and its Comprehensive Plan in that it will allow for a better use of the subject property. Your Petitioner hereby requests that the following Proffers enacted by Ordinance No. 29147 be repealed: 1. That the property will be developed in substantial compliance with the site development plan prepared by T. P. Parker & Son, Engineers and Surveyors, \\JOLL Y\SYS\USERS\CBaumgardnerIZONING\Mid_South AMD PET AMEND PROFFERS,doc May 24. 2004 Page 1 of3 Ltd., dated 13 April 1988, a copy of which is attached to the Petition for Rezoning as Exhibit C, subject to any changes required by the City during site plan review. 2. That if no building permit has been issued and no construction commenced within three (3) years from the date of final zoning approval, the zoning shall revert to Light Manufacturing (LM) District without further action by City Council. Your Petitioner hereby requests that the following proffered conditions be substituted and adopted for those existing proffers delineated above: 1. That the subject property shall be developed for the location of a drive- thru ccar wash in substantial conformity with the site development plan dated 31 March 2004, prepared by T. P. Parker & Son, attached to this Petition as Exhibit 2. 2. That the only freestanding signage on the premises shall be as indicated on the proffered site development plan dated March 31, 2004, identified in Paragraph 1 above, which signage shall not be greater than sixty (60) square feet. 3. That the exterior of the building shall be brick face with a standing seam . metal roof with gables. Attached as Exhibit 3 are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to and immediately across a street or road from the subject property. WHEREFORE, your Petitioner requests that the above-described amended proffers be approved as herein set out in accordance with the provisions. of the Zoning Ordinance of the City of Roanoke. \\JOLL Y\SYS\USERS\CBaumgardnerlZONING\Mid_South AMD PET AMEND PROFFERS,doc May 24, 2004 Page 2 of) Respectfully submitted this 2..7 day of M P,-J ,2004. I Petitioner: ANAGEMENT, BY ~ d ITS Owner: :~&-1 ~ [~O Ol\~ Edward A. Natt, Esq. OSTERHOUDT, PRillAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, P.l.C. P. O. Box 20487 Roanoke, VA 24018-0049 Phone: (540) 725-8180 Fax: (540) 772-0126 VSB #1104 I\JOLL YISYSIUSERSICBaumgardnerIZONINGIMid_SOUlh AMD PET AMEND PROFFERS.doc May 24, 2004 Page 301'3 .el2ee3 12:13 Subject of Petition to Pmend Proff~rs --- ---- 5408531230 EXHIBIT PAGE 0 . .,~,~~~/09 I.~ ~_\_- -: ~-- . ~ .0 3 ~O\O' "(JID~ ('1,00 ,.1 ')0 .'.'" "";foDr..., "rl:'O',,/;,~.3:IoIaor--c(' 1"1..._ ~ ...,. \""'"~ . ,...., .' ":", \ ~'. c ,~. 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" i 3 ADJOINING PROPERTY OWNER LISTING Subiect Property: Tax Map No. 7090511 7090511 Tax Map No.: Applicant:: Mid-South Management, LLC Owner: Branch/KRW, L.L.C. Contract Purchaser: Mid-South Management, LLC ADJOINING PROPERTY OWNERS This list as follows are those property owners who own property beside, behind or across the street from the subject property noted above; CITY OF ROANOKE Official Tax Number I Propertv Address Owner's Name and Mai/ina Address 7090510 3353 Orange Avenue NE Branch/KRW LLC 4553 Franklin Road SW Roanoke, VA 24014 7100711 3401 Orange Avenue NE J R N Chicken Stores, Inc. P. O. Box 22845 Oklahoma City, OK 73123 7100712 3419 Orange Avenue NE Kroger Limited Partnership 1014 Vine Street Cincinnati, OH 45202 7140122 7150101 Orange Avenue NE D White Properties, LLC 2367 Alexander Palm Drive Naples, FL 34105 7150110 3402 Orange Avenue NE McDonald's Corporation 2965 Colonnade Drive, Suite 310 Roanoke,VA 24018 IIJOLL y\SYSIUSERSICBaumgardnerIZONINGIMid_South APO.doc March 30, 2004 Page 1 of 2 CITY OF ROANOKE Official Tax Number / Property Address Owner's Name and Mailinq Address 7150113 3348 Orange Avenue NE Workman Oil Company P. O. Box 566 Forest, VA 24551 7150113A 3348 Orange Avenue NE Amoco Oil Company P. O. Box 5077 Atlanta, GA 30302 I\.lOLL YlSYSIUSERSICBaumgardnerlZONINGIMid_South APO.doc March 30. 2004 Page 2 of 2 Phone: 540-981-0459 Fax: 540-981-0459 Message: Mr. Hale Chairman and members of the board. We the membership of the Wildwood Civic League would like to comment on the proposed car wash facility at the intersection of Hwy 460 (Orange Ave) and King Street. We do not feel that it is an adequate location for this purpose as it would increase traffic at an intersection that has far too many vehicles than what it was originally designed already. Also with 4 carwashes from Hollins Road to the city line at it's easternmost point we feel that there is already enough facilities for consumers to use. This is the only item on this months agenda that we have a comment on as we feel the resubmittal on Belle Ave is acceptable if the project is constructed as proposed. The undersized lot off Old Mountain Road is not in our area, We believe that is better left up to the Holllins Road Civic League. We thank you for taking our comments into consideration when reviewing this matter on Tuesday the 11th. Your always, Phil McDermott IVicePresident, Wildwood Civic League From: To: Roanoke City Board of Zoning PHILIP T & BETSY MCDERMOTT Mr. Kermit Hale, Chairman Date; 5/10/04 Pagels): 1 ~ Bobby Dillon <bdillon@revcar.com> 05/18/2004 10:46 AM To "Nancy Snodgrass (E-mail)" <nancy _snodgrass@ci.roanoke.va.us> cc bcc Subject Wildwood Civic league Nancy, I would like for you to have these comments on file for planning information concerning the development on the Corner of King Street and Orange AVe. The Civic League is concern about any new traffic congestion on that corner and what changes that might need to be made to that intersection in the near future. Plus We feel that another car wash is not needed in OUr community. We have with in a Couple of blocks at least 4 Or more car wash locations and the extra traffic on this corner is not needed. Option to have entrance and exit onto Orange Ave. with out having more traffic released onto King Street at this location is a better option but we still feel that we have enough car wash facilities neighborhood. Please do add these comments to the planning session. Thanks, Bobby Dillon ./ ~, r. . ~, . I . /) ~.__/~ KROGER FOOD STORES May 18, 2004 RECEIVED MAY 2 0 200~ CITY OF RQ PLANNING BUiLDING A.~NOKE "D DEVELOPMENT PO Box 14002, Roanoke, Va 24038-4002 Mr. Robert B. Manetta, Chairman and Members of the Planning Commission City of Roanoke Planning Building and Development 215 Church Avenue, S.W. Room 166 Roanoke, VA 240 II RE: Amendment of conditions on property at the intersection of Orange A venue and King Street by Mid-South Management, LLC, Roanoke, Virginia Dear Members of the Commission: I am writing this letter on behalf of Kroger Limited Partnership 1's interest in the proposed development referenced above and its impact to King Street. Kroger is not opposed to the proposed car wash use; however, they are concerned that the City is not requiring the petitioner to widen the portion of King Street from the intersection to the existing right hand entrance to the property. Arby's Restaurant, the former petitioner for this site had proposed the widening of this portion of King Street (see attached plan) in June of 2003 and the City had recommended Kroger widen both sides of King Street (see attached plan) closest to the intersection at Orange A venue during their discussions of a proposed fuel center on the Kroger parcel in June of 2002. To date Kroger is not aware of any improvements that the City has committed to make to improve this intersection that they have acknowledged is a concern especially during peak traffic hours. In addition, Kroger does not understand why one petitioner would be required to make improvements to King Street and another not strictly related to anticipate traffic counts on an already busy road. Your consideration of these concerns is appreciated during your review of the subject request. Sincerely, Kroger Limited Partnership I Carrie G. Pugh Assistant Real Estate Mauager ~. Enclosures ~ . o KROGE' t lot !I g . '''' N f;: IIlI , \ ~ \, Q -l Q ,..... r-------------- I I I I I I I ,_ I Il!TAL I _ I I I I I I I 1-_ BIIaC A' ~ PQ( ......... . '3083 '__ r ---------~ , .....YEI. I I I I '-----------.., , * ... " v ; ~ ~~ sr /.. r. I.. /~ .. ~" EXI~G r PA'YDIENT ~ a I~ -----~ ~~~ i<<1f~~ """'z(ll<<ll C-1 C' ~ TAX # 7W-a:itO MIQHAl. HEW TRACT "r 7.1. ACRES 7_11S1~ -+o.018~ - D.1DB ACRD - D.f72 ACREs 1..847 AaE - 1RACT "8-1 PRCPER1Y IF 1lRAHcH/I<RW u.c TAX I '7OIDmD INST. ~~714 DlSllNG CONCRE1E " i' - ~ o\(y-lll.\.e......- ~" J ;/ , 9;/~n' ~ ~ , , ~-_>.~!>-';._._~r,;~':.1i',;;--~ -' ""1 ~r --~~ ...-----/ .----.---- - EXISTING GUARDRAIL c- / " " " N08W'03'E 0.45' ELEV: 1002.29 l~lET ~, '" 'i !, "if. /Y '. ", -E.XISTING ------ WA fER ...--/ MANHOLE EXISTING SSMH RIM' 1003.19 / INV. IN; 989.24 lNV. OUT; 989.19 / /;;; ;(/r ;e; rr-~ " ( I ~t-- EXISTING \;\ '\ '\ EDGE OF PAVFMFNT ./.\ J 1;V LET <0' \ ~ \ CD -20-04; 7:49AM;Real Estate 2004 17:11 FAX 931 490 ;5633682 # 3/ 3 14J002 , JRN INC May 19, 2004 ~J~ Mr. Robert B. Manetta, Chairman And Members of the Planning Commission City of Roanoke Planning Building and Development 215 ChurchAvenue,S. W. Room 166 Roanoke, VA 24011 RE: Orange Avenue and King Street intersection, Roanoke, VA Dear Members of the Commission: I am writing this letter on behalf of JRN INe's interest in the proposed car wash development and its.impact to King Street. JRN INC is not opposed to the petitioners use; however, 1RN lNC is highly concerned that the City is not requiring the petitioner to widen the portion oiKing Street from the intersection to the existing right hand enb:ance to the property. The fonner petitioner, Arby's Restaurant, had proposed the widening of this portion of King Street in June of 2003 and the City had recommended Kroger widen both sides of King Street closest to the intersection at Orange Avenue during their discussions of a proposed fuel cwter on the Kroger parcel in Juno of 2002. JRN lNe has met with the Traffic Engineer, Mr. Jack Woodson over the past few years to discuss the safety concerns at this intersection. To date, there have been no improvements or further discussions regarding this matter. To this end, 1RN INC is opposed to any further development in this corridor until a mutual resolution can be reached with regards to this intersection. JRN lNC is available to meet with the appropriate authorities to discuss this project in detail. Thank you for your consideration and acceptance of this letter. Sincerely, ~~ G) ~~ Vice President CN/sv 201 'WEST SEVENTH SJR.EET . P.D, BOX 1257 . COLUM/lIA, TN 3ll402-1257 PHONE 931/381-3000' FAX 931 {381-3034 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - - - - -- NATT, EDWARD A., ATTY. 3912 ELECTRIC RD. OSTERHOUDT, PRILLAMA ROANOKE VA 24018 REFERENCE: 80068694 02379326 Orange/King NonCE Of PUtIlt NEMING TO WHOM IT MAy CONCERN' The Council ot the City. of Roanolle Will hold II Public Heerlng on Monday, June 21 ;004, at 7:00 P.m., or 8$ so.,;, ereatl8r as the matter may be heard, In the Council Cham_ ber. .'n the Noel C. Taylor MUOlc.pal BUildIng 215 ChUrch Avenue, s.w., on the question of amendIng proto t~red conditions presently binding upon .a tract of land located at the intersection ot Orange Avenue and Ki Street, N.E., and deslgmlt: as Otticlllll TIlIJl No. 7090511 as Set forth In Onftnance No' 29147, adopted June 20 1988. ' State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporationr 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 Vitg~nia. Sworn and subscribed before me this __ _~__day of June 2004. Witness my hand and of icial seal. v:.. ~ ' __ ~~___ __ N tary Public MytcommiSSi~XP~;C()~_______. A copy of thiS propll88J is avaffableforpubllClnSP8Ctlon IntheOtnce of the.City CI~rk: RO(Im 456, MunIcIpal BUddrng. All partIes In Interest may appear on the above date and be heard on the questIon. l~ y~U are a person wlth a diSability Mlo n&e<fs accom. modatlons tor thIs public hearing, contact the City Clerk's Ottice, 853-2541, by ThUrsday, June 17, 2004. GIVEN under my hand thl 25th day of May, 2004. S MaryF. Parker City Clerk (2379326) , . PUBlcISHED ON: 06/04 TOTAL COST: FILED ON: 110.86 06/18/04 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - -.,.. - - - - - - - - - -- Authorized \\.1__ Signature:___~-L~-~-----------, Billing Services Representative ,~ ~t\ NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, June 21, 2004, at 7;00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., on the question of amending proffered conditions presently binding upon a tract of land located at the intersection of Orange Avenue and King Street, N.E., and designated as Official Tax No. 7090511, so that the subject property will be zoned C-2, General Commercial District, with proffers amended from those accepted by the Council of the City of Roanoke in Ordinance No. 29147, adopted June 20, 1988. 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, June 17,2004. GIVEN under my hand this 8th day of June ,2004. Mary F. Parker, City Clerk. H:\NOTICES\NAP-MID-SOUTHMGMT062104.DOC The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - - - - -- NATT, EDWARD A., ATTY. 3912 ELECTRIC RD. OSTERHOUDT, PRILLAMA ROANOKE VA 24018 NOncE Of PUBlIC HWIIIC REFERENCE, 80068694 02383309 Orange/King TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Heartng on Monday, June 21, 2004, at 7:O()p,m.,. or as soon thereafter as the matter may be heatd, In the Council Chamber In the Noel C. Taylor Municlp'al Building, 215 Church Avenue, S.W.,. on the question of amendina prof. fered conditions presently binding upon a tract of land located at the Intersection of Orange Avenl,le and King Street, N.E., and desl#lated as Official Tax No. 7090S11, sothatthesubjtK:t.property will be zonedC-2, General Commercial DlstJ1C:t, with prof- fers amended l'rom those acc8pted !)ythe Counc:1l of the City of Roanoke In OtaInanoe No, 29147, adopted June 20, ,.... State, of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times~World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates, City/County of Roanoke, Commonwealth/State of v~'r inia. Sworn and subscribed before me this _ J!!_day of June 2004. Witness my hand and o 1cial seal. ~ ~- __ ~__~__ _ Notary Public M~commission e p ~~12~___. A <:opy of this proposal;ls available for pubNc inspection IntheotrlceoftheCltyCletk,' Room 456. Municipal Building, All parties In Jnterest may appear on 'the above date and be heard on the questioo. If you area per:sOnwttha dis- abJlltywho needs lIOCOmmoda- tioilsforthllpubllc hearing, COntllicttheCftyClet1l.'sOffice, 853-2541,' by Thursday, June 17,2004. GIVEN under my hand this 2~ day of May, 2004, Mafy F. Parker, O,ItyCl,8t11.. (2383309) PUBL-(SHED O.H: 06/1.1. TOTAL COST, FILED ON, 122.91 06/11/04 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - - - - -- ~~:~~~~::~_~__~CL~___________, Billing Services Representative {~i NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, June 21, 2004, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., on the question of amending proffered conditions presently binding upon a tract of land located at the intersection of Orange Avenue and King Street, N.E., and designated as Official Tax No. 7090511, as set forth in Ordinance No. 29147, adopted June 20,1988. 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, June 17,2004. GIVEN under my hand this 2Sthday of May , 2004. Mary F. Parker, City Clerk. H:INOTICESINAP-Mkl-SouthMgmt062104.wpd Notice to Publisher: Publish in the Roanoke Times once on Friday, June 4, 2004 and Friday, June 11,2004. Send affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 240 II (540) 853-2541 Send bill to: Edward A. Natt, Esq. Osterhoudt, Prillaman, Natt, Helscher, Yost, Maxwell & Ferguson, PLC P. O. Box 20487 Roanoke, VA 24018-0049 (540) 725-8180 . '._..,."...-.....-._..~,."~. ,...........--.. .~.-.. ..' . 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: c1erk@ci.roanoke.va.us MARY F. PARKER, CMC City Clerk June 7, 2004 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk File #51 Edward A. Natt, Attorney Osterhoudt, Prillaman, Natt, Helscher, Yost, Maxwell and Ferguson, PLC P. O. Box 20487 Roanoke, Virginia 24018-0049 Dear Mr. Natt: Pursuant to provisions of Resolution No.2 5 523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, June 21, 2004, 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 Mid-South Management, LLC, a Virginia limited liability company, that proffered conditions presently binding upon a tract of land located at the intersection of Orange Avenue and King Street, N. E., designated as Official Tax No. 7090511, as set forth in Ordinance No. 29147, adopted on June 20, 1988, be amended. For your information, I am enclosing copy of a report of the City Planning Commission and a notice of the public hearing. 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. N:\CKEWl\Public Hearings 2004Vune 04Vune 21, 2004 Attorney and Adjoining Propety Owners Letters.doc ".,,_. .."....."R...."..._,~_....~..."._~.~...__ _.'^_'" " .;.,.011.., Edward A. Natt June 7, 2004 Page 2 It will be necessary for you, or your representative, to be present at the June 21 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, /J ^ ~ J. rtM-t.v - Mary F. Parker, CMC City Clerk MFP:sm Enclosu re N:\CKEW1\Public Hearings 2004\June 04\June 21, 2004 Attorney and Adjoining Propety Owners Letters.doc ,.,_. _...._.,...,~'.'..M__.._.. ,..'-.......__ _ ."..tIo, ~ ~ 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 MARY F. PARKER, CMC City Clerk June 7, 2004 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk File #51 Branch/KRW, LLC Kroger Limited Partnership McDonald's Corporation Amoco Oil Co. Mr. Phillip McDermont JRN Chicken Stores, Inc. D. White Properties, LLC Workman Oil Co. Mr. Bobby Dillon Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council ofthe City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, June 21,2004, 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 Mid-South Management, LLC, a Virginia limited liability company, that proffered conditions presently binding upon a tract of land located at the intersection of Orange Avenue and King Street, N. E., designated as Official Tax No. 7090511, as set forth in Ordinance No. 29147, adopted on June 20, 1988, be amended. The City Planning Commission is recommending that Council approve the request to amend proffered conditions. If you would like to receive a copy ofthe report of the City Planning Commission, please call the City Clerk's Office at 540-853-2541. N :\CKEWl \Public Hearings 2004\June 04\June 21, 2004 Attorney and Adjoining Propety Owners Letters.doc .,_,..tIo..,0 Interested Property Owners and/or Adjoining Property Owners June 7, 2004 Page 2 This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning, Building and Development at 540-853-1730. '";\' AA-y J jJ ~ Mary F. Parker, CMC City Clerk MFP:sm N:\CKEWl\Public Hearings 2004\June 04\June 21, 2004 Attorney and Adjoining Propety Owners Letters.doc TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE AMENDMENT OF PROFFER REQUEST OF: Mid-South Management, LLC, at Orange and King, NE Official Tax No. 7090511 ) ) 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 29th day of April, 2004, notices of a public hearing to be held on the 20th day of May, 2004, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner's Name Mailina Address 7090510 Branch/KRW LLC 4553 Franklin Road Roanoke, VA 24014 7100711 JRN Chicken Stores, Inc. POBox 22845 Oklahoma City, OK 73123 7100712 Kroger Limited Partnership 1014 Vine Street Cincinnati, OH 45202 7150101 D White Properties, LLC 2367 Alexander Palm Dr. Naples, FL 34105 7150110 McDonald's Corporation 2965 Colonnade Drive Suite 310 Roanoke,VA 24018 7150113 Workman Oil Company POBox 566 Forest, VA 24551 7150113A Amoco Oil Company POBox 5077 Atlanta, GA 30302 Bobby Dillon Phillip McDermont 3307 Meadow Run Drive, NE 2712 Del! Avenue, NE Roanoke, VA 24012 Roanoke, VA 24012 l~r~ fa ;;J7adL Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 29th day of April, 2004. ~~~ '..l.c Notary Publi My Commission Expires: ~ - 0 -0, ~- ,..~~..,'11'~""- ,...,....-___ ., -",.,1", , \ 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 EMmai1: clerk@ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk MARY F. PARKER, CMC City Clerk SHEILA N. HARTMAN Assistant City Clerk May 27,2004 File #51 Robert B. Manetta, Chairperson City Planning Commission 2831 Stephenson Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Manetta: Pursuantto 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 May 27, 2004, from Edward A. Natt, Attorney, representing Mid-South Management, LLC, a Virginia limited liability company, requesting Amendment of Proffered Conditions to rezoning of a tract of land containing 0.7214 acre, more or less, located at the southwest corner of the intersection of Orange Avenue and King Street, N. E., identified as Official Tax No. 7090511; and that certain proffered conditions contained in Ordinance No. 29147, be repealed and replaced with certain proffers as set forth in the abovereferenced petition. Sincerely, ~Y'h.YYJ~ Stephanie M. Moon, CMC Deputy City Clerk Enclosures N1CKEWI\/I.ezoningo. Streel AIlcyClo.u.g04\A;lrillMid-Soolh ManaM.......~ LLC.AmcndrnenlOrCondili0l\5 Prolfered_flfStdo<: Robert B. Manetta May 27, 2004 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Council Member-Elect Sherman P. Lea Council Member-Elect Brian J. Wishneff Edward A. Natt, Attorney, Osterhoudt, Prillaman, Natt, Helscher, Yost, Maxwell and Ferguson, PLC, P. O. Box 20487, Roanoke, Virginia 24018-0049 Darlene L. Burcham, City Manager Susan S. Lower, Director, Real Estate Valuation Martha P. Franklin, Secretary, City Planning Commission Karl Cooler, Building Commissioner Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney N:\CKEWI\Rezonings. Street Alley Closing 04\April\Mid-South Management, LLC.Amendment of Conditions Proffered.first.doc AMENDED PETITION TO AMEND PROFFERS IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINIA IN RE: Amendment of Proffered Conditions for a tract of land lying in the southwest corner of the intersection of Orange Avenue, N.E. and King Street, N.E. identified as Tax Map No. 7090511 TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: By Ordinance No. 29147, at the request of Signet Bank, City Council rezoned the property identified as Tax Map No. 7090511 from LM, Light Manufacturing District, to C-2, General Commercial District with proffered conditions. Said parcel of land contains 0.7214 acres, more or less. A map of the property is attached hereto as Exhibit 1. Your Petitioner herein, MID-SOUTH MANAGEMENT. LLC, a Virginia limited liability company, is the contract purchaser of said parcel. Your Petitioner requests that the conditions relating to said property be amended as hereinafter set out. Your Petitioner believes that the subject amendment of proffers will further the intent and purposes of the City Zoning Ordinance and its Comprehensive Plan in that it will allow for a better use of the subject property. Your Petitioner hereby requests that the following Proffers enacted by Ordinance No. 29147 be repealed: 1. That the property will be developed in substantial compliance with the site development plan prepared by T. P. Parker & Son, Engineers and Surveyors, IIJOLL VISYSIUSERSICBaumgardnerIZONINGlMid_South AMD PET AMEND PROFFERS.doc May 24, 2004 Pagelof3 Ltd., dated 13 April 1988, a copy of which is attached to the Petition for Rezoning as Exhibit C, subject to any changes required by the City during site plan review. 2. That if no building permit has been issued and no construction commenced within three (3) years from the date of final zoning approval, the zoning shall revert to Light Manufacturing (LM) District without further action by City Council. Your Petitioner hereby requests that the following proffered conditions be substituted and adopted for those existing proffers delineated above: 1. That the subject property shall be developed for the location of a drive- thru car wash in substantial conformity with the site development plan dated 31 March 2004, prepared by T. P. Parker & Son, attached to this Petition as Exhibit 2. 2. That the only freestanding signage on the premises shall be as indicated on the proffered site development plan dated March 31, 2004, identified in Paragraph 1 above, which signage shall not be greater than sixty (60) square feet. 3. That the exterior of the building shall be brick face with a standing seam metal roof with gables. Attached as Exhibit 3 are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to and immediately across a street or road from the subject property. WHEREFORE, your Petitioner requests that the above-described amended proffers be approved as herein set out in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. \\JOLL Y\SYS\USERS\CBaumgardner\ZONING\Mid_South AMD PET AMEND PROFFERS. doc May 24, 2004 Page 2 of3 Respectfully submitted this 2. 1 day of ,2004. Petitioner: Owner: M Po_I I BY ANAGEMENT, ~ ITS :~~ ~ t~OGf\~ Edward A. Natt, Esq. OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, P.L.C. P. O. Box 20487 Roanoke, VA 24018-0049 Phone: (540) 725-8180 Fax: (540) 772-0126 VSB #1104 I\JOLL VlSYSIUSERSICBaumgardnerIZONINGIMid-South AMD PET AMEND PROFFERS.doc May 24, 2004 Page J of3 LAW OFFICES OSTERHOUDT, PRILLAMAN, N ATT, HELSCHER, YOST, MAXWELL & FERGUSON, PLG Edward A. Natt Please reply to: P. O. Box 20487 Roanoke, VA 24018 Direct (540) 725-8180 Fax: (540) 772-0126 EMmail: enatt@opnlaw.com 3912 ELEOTRIC ROAD, S.~T. P. O. Box 20487 ROANOKE, VIRGIXIA 24018 - 0049 (540) 9B9MOOOO FAX (540) 772.0126 SALEM, ,\TIRGINIA 24153 1'.0. Box 270 lor; N. COLORADO STRE.ET (5'~O) :J89-2il4H FAX (l'>40) 30\'J-Ilr;eo May 27,2004 HAND-DELIVERED Mary Parker, City Clerk 456 Municipal Bldg. 215 Church Avenue, SW Roanoke, VA 24011 Re: Mid-South Management, LLC - Orange Avenue/King Street Tax Map No. 7090511 Dear Ms. Parker: Enclosed please find the Amended Petition to Amend Proffers relating to the above matter. Should you have any questions or need anything further, please feel free to give me a call. With best personal regards, I am Very truly yours, OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, P.L.C. w(\~ Edward A. Natt EAN/csb Enclosure pc: HAND-DELIVERED Nancy Snodgrass, City Planner II City of Roanoke 215 Church Avenue, SW Municipal Building, Room 166 Roanoke, VA 24011 Mr. Tony Byrd Mid-South Management, LLC 305 1st Street, S.w., Suite 416 Roanoke, VA 24011 NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING COMMISSION TO WHOM IT MAY CONCERN: The City of Roanoke Planning Commission will hold a public hearing on Thursday, May 20, 2004, at I :30 p.m., or as soon thereafter as the matter may be heard, in the Emergency Operations Center Conference Room, Room 159, first floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., to consider the following: Request from Mid-South Management, LLC, represented by Edward A. Natt, attorney, that proffered conditions accepted by City Council in Ordinance No. 29147, adopted June 20, 1988, be repealed and replaced with new proffered conditions on a tract ofland bearing Official Tax No. 7090511, located at the intersection of Orange Avenue and King Street, N.E. 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, May 4 and 11, 2004 Please bill: Edward A. Natt, Esq. Osterhoudt, Prillaman, Natt, He1scher, Yost, Maxwell & Ferguson, PLC POBox 20487 Roanoke, VA 24018-0049 (540) 725-8180 Please send affidavit of publication to: Martha P. Franklin, Department of Planning Building and Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Roanoke, VA 24011 ~ ".-. ,....-...~~,--,<, .,.......~...._-- .- , ..,..tIo . . 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 EMmai1: c1erk@ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk MARY F. PARKER, CMC City Clerk April 2, 2004 File #51 Robert B. Manetta, Chairperson 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 April 1 , 2004, from Edward A. Natt, Attorney, representing Mid-South Management, LLC, a Virginia limited liability company, requesting Amendment of Proffered Conditions to rezoning of a tract of land containing 0.7214 acre, more or less, located at the southwest corner of the intersection of Orange Avenue and King Street, N. E., identified as Official Tax No. 7090511; and that certain proffered conditions contained in Ordinance No. 29147, be repealed and replaced with certain proffers as set forth in the abovereferenced petition. Sift, --y / P ~ Mary F. Parker, CMC City Clerk MFP:sm Enclosures N,\CKEWIIRczollillp-SIrCClAllcyClo5ing04IApriI\Mid.Smllb ~cnlCfll. UCAmcndnlallofCondiliOlls ProfT..-cd,doc ,.,....tIo. , Robert B. Manetta April 2, 2004 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Edward A. Natt, Attorney, Osterhoudt, Prillaman, Natt, Helscher, Yost, Maxwell and Ferguson, PLC, P. O. Box 20487, Roanoke, Virginia 24018-0049 Susan S. Lower, 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 fJD. 563 D35 PETITION TO AMEND PROFFERS IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINIA INRE: Amendment of Proffered Conditions for a tract of land lying in the southwest corner of the intersection of Orange Avenue, N.E. and King Street, N.E. identified as Tax Map No. 7090511 TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: By Ordinance No. 29147, at the request of Signet Bank, City Council rezoned the property identified as Tax Map No. 7090511 from LM, Light Manufacturing District, to C-2, General Commercial District with proffered conditions. Said parcel of land contains 0.7214 acres, more or less. A map of the property is attached hereto as Exhibit 1. Your Petitioner herein, MID-SOUTH MANAGEMENT. LLC, a Virginia limited liability company, is the contract purchaser of said parcel. Your Petitioner requests that the conditions relating to said property be amended as hereinafter set out. Your Petitioner believes that the subject amendment of proffers will further the intent and purposes of the City Zoning Ordinance and its Comprehensive Plan in that it will allow for a better use of the subject property. Your Petitioner hereby requests that the following Proffers enacted by Ordinance No. 29147 be repealed: 1. That the property will be developed in substantial compliance with the site development plan prepared by T. P. Parker & Son, Engineers and Surveyors, IIJOll VlSVSIUSERSICBaumgardnerIZONINGIMid-South PET AMEND PROFFERS.doc April 1,2004 Page 1 of3 Ltd., dated 13 April 1988, a copy of which is attached to the Petition for Rezoning as Exhibit C, subject to any changes required by the City during site plan review. 2. That if no building permit has been issued and no construction commenced within three (3) years from the date of final zoning approval, the zoning shall revert to Light Manufacturing (LM) District without further action by City Council. Your Petitioner hereby requests that the following proffered conditions be substituted and adopted for those existing proffers delineated above: 1. That the subject property shall be developed for the location of a drive- thru car wash in substantial conformity with the site development plan dated 24 March 2004, prepared by T. P. Parker & Son, attached to this Petition as Exhibit 2. 2. That primary signage shall be not greater than sixty (60) square feet. 3. That the exterior of the building shall be brick face with a standing seam metal roof with gables. Attached as Exhibit 3 are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to and immediately across a street or road from the subject property. WHEREFORE, your Petitioner requests that the above-described amended proffers be approved as herein set out in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this J sl day of April, 2004. Petitioner: MID"~MENT' LLe BY -..:1. 13r- c::b ITS € be:t...... \\JOll YlSYS\USERS\CBaumgardnerlZONING\Mid-South PET AMEND PROFFERS.doc April 1 , 2004 Page 2 of3 Owner: BRANCH/KR~, L.L.C. ~ BY ~P'~ ITS y~~ ~~a{J\\-# Edward A. Natt, Esq. OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, P.L.C. P. O. Box 20487 Roanoke, VA 24018-0049 Phone: (540) 725-8180 Fax: (540) 772-0126 VSB #1104 IIJOLL y\SYSIUSERSICBaumgardnerlZONINGlMid-South PET AMEND PROFFERS.doc April 1, 2004 Page 3 of3 ~~.~!Jb . / / I l I /7O,OS/V I I r;:=<r_<1 /. -J ._-. / -" "---sd. I .'-' r "'~J'?-----~i ['LQ j . .~ - -- 'r ~& -- -- /........ I I I / I ... / /....., __ .~~c... 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W llJct:: ~::l! ~~~!1:g -:::> -::! :::>0 ~:J: X_ 01- 0:::% <(~ w::> }t:i :J::J: 0::0 ..J < F U < '", '" cO '" - ;;; o 8 r-- !!l ~:::: n"'lt NN NN I I I I ~~ ~~ "~ Vi "$ L~ '" .... '" tJ'" <a:: a.w "'a. Ow zw S<fl: ~I- a.w W ~fl: <'" 0- z. 3~ <5l I-o~ Ul...J""': ::l!U"- :::>~ . ::l! 0 za::V> "i~:iS ~"'", "- a. . ",::l! - :J~ oON 00", "'wa:: a::zo ~~~ w5~ u'" z < - a. (1)(; _z ii: < c:;~ ~O ""z ~:5 a. en'" "'''' ....'" I I -- ccitei "'''' PftDPERTY or 1Ic:OOlWIl'S COIlPOIlA1lOII T,\X , 7150110 D.e. 1.484 PC. 328 ZONED C- 2 0RI'Y't: lHRU 'MI<<X>W c:-- \.' \ i- '6 9, ~ l' i'&~ III .'i~ 0:01 ~. t~---~ l~ ~ \\ !.-~ . \ ~ \\ ? '!\ LOCATION MAP NO ""'-E EXHIBIT 2 ~~ Subiect Propertv: Tax Map No.: Applicant:: Owner: Contract Purchaser: ADJOINING PROPERTY OWNER LISTING Tax Map No. 7090511 7090511 Mid-South Management, LLC Branch/KRW, L.L.C. Mid-South Management, LLC ADJOINING PROPERTY OWNERS EXHIBIT ,; D ~ 3 This list as follows are those property owners who own property beside, behind or across the street from the subject property noted above: Official Tax Number / ProperlY Address 7090510 3353 Orange Avenue NE 7100711 3401 Orange Avenue NE 7100712 3419 Orange Avenue NE 7140122 7150101 Orange Avenue NE 7150110 3402 Orange Avenue NE CITY OF ROANOKE Owner's Name and Mailina Address Branch/KRW LLC 4553 Franklin Road SW Roanoke, VA 24014 J R N Chicken Stores, Inc. P. O. Box 22845 Oklahoma City, OK 73123 Kroger Limited Partnership 1014 Vine Street Cincinnati, OH 45202 D White Properties, LLC 2367 Alexander Palm Drive Naples, FL 34105 McDonald's Corporation 2965 Colonnade Drive, Suite 310 Roanoke, VA 24018 I\JOLL YlSYSIUSERSICBaumgardnerlZONINGIMid-South APO.doc March 30. 2004 Page 1 of 2 CITY OF ROANOKE Official Tax Number / Prooertv Address Owner's Name and Mailina Address 7150113 3348 Orange Avenue NE Workman Oil Company P. O. Box 566 Forest, VA 24551 7150113A 3348 Orange Avenue NE Amoco Oil Company P. O. Box 5077 Atlanta, GA 30302 \\JOLL YlSYS\USERS\CBaumgardnerlZONI NG\Mid-South APO.doc March 30, 2004 Page 2 of 2 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk June 28, 2004 File #277-380 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 36749-062104 amending and reordaining 932-102.2, Defined, of Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended, to amend the definition of the downtown service district and to expand such district, effective July 1, 2004. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 21, 2004. 'r\Y~ J P aJ- Mary F. Parker, CMC City Clerk MFP:ew Attachment Darlene L. Burcham June 28, 2004 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- ThirdJudicial 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 HonorableJoseph 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) Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32316 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 William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance David Diaz, President, Downtown Roanoke, Inc., 213 Market Street, Roanoke, Virginia 24011 R. Brian Townsend, Director, Planning Building and Development Darlene L. Burcham June 28, 2004 Page 3 The Honorable Sherman A. Holland, Commissioner of Revenue The Honorable Evelyn W. Powers, Treasurer Elizabeth A. Neu, Director, Economic Development Philip C. Schirmer, City Engineer Susan S. Lower, Director, Real Estate Valuation 'i~" , ' , , '/ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of June, 2004. No. 36749-062104. AN ORDINANCE amending and reordaining g32-102.2, Defined, of Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended, to amend the definition of the downtown service district to expand such district; providing for an effective date; and dispensing with the second reading by title ofthis ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 32-102.2, Defined, of Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended, is amended and reordained to read and provide as follows: g32-102.2. Defined. (a) The boundaries of the downtown service district shall be defined to include the following area areas: BEGINNING at the northeast comer of 5th Street and Marshall Avenue, S.W., thence with the east side of 5th Street, S.W. in a northerly direction crossing the Norfolk and Western Railway tracks at the 5th Street Bridge to the north boundary line of the Wometco property, thence with the north boundary line of Wometco as it meanders in an easterly direction to the north right- of-way line of Loudon Avenue, N.W., thence with the north right- of-way line of Loudon Avenue, N.W., in an easterly direction to its intersection with the west right-of-way line of 1st Street, N.W., thence with the west right-of-way line of 1st Street, N.W., to its intersection with the south right-of-way line of Wells Avenue, N.W. (and shall include Official Tax Map Nos. 2012947,2012942, 2012941, 2012940, 2012949, 2012923, and 2012922 fronting on the west side of 1st Street, N.W.), thence with the south right-of- way line of W ells Avenue, N. W., in an easterly direction crossing Jefferson Street to its intersection with the west right-of-way line of Williamson Road, N.W. (except for property fronting on the south side of Wells Avenue identified by Official Tax Map Nos. 2013004,2013005,2013006,2013007, and 2013008), thence with the west right-of-way line of Williamson Road, N.W., in a southerly direction to its intersection with the south right-of-way line of the Norfolk and Western Railway, thence with the south right-of-way line in an easterly direction to its intersection with the west right-of-way line of Route 581, thence with the west right-of- way line of Route 581 and 220 (Southwest Expressway) in a southerly direction as it crosses Tazewell Avenue, S.E., and Elm Avenue, S.E., to a point where the south right-of-way line of Highland Avenue intersects the west right-of-way line of Route 581 and 220 (Southwest Expressway), thence with the south right- of-way line of Highland Avenue, S.E., in a westerly direction to its intersection of Jefferson Street, thence with the west right-of-way line of Jefferson Street in a northerly direction to its intersection with Mountain Avenue, S.W., thence with the north right-of-way line of Mountain Avenue, S.W., in a westerly direction to its intersection with 1st Street, S.W., thence with the east right-of-way line of 1st Street, S.W., in a northerly direction to its intersection with Elm Avenue, S.W., thence with the north right-of-way line of Elm Avenue in a westerly direction to its intersection with Franklin Road, S.W., thence with the east right-of-way line of Franklin Road, S.W., in a northerly direction to its intersection with Marshall Avenue, S.W., thence with the north right-of-way line of Marshall Avenue to its intersection with 5th Street, S.W., the place of BEGINNING; and BEGINNING at a point at the southwesterly corner of Marshall Avenue and 5th Street, S. W, thence traveling with the southern right-ol-way line of Marshall Avenue in a westerly direction approximately 648.00 fl., thence crossing 6th Street, S. W, approximately 50.00 fl. to a point being the southwest corner of 6th Street and Marshall Avenue, thence continuing along the southerly right-ol-way line of Marshall Avenue approximately 517.00 fl., thence crossing in a northerly direction approximately 50.00 fl. to the northeast corner of Marshall Avenue and 7th Street, thence with the east right-ol-way line of 7th Street approximately 636.00 fl. to the southeast corner of Campbell Avenue and 7th Street, thence in a northwesterly direction approximately 112.00 fl. to the southeast corner of 7th Street and Patterson Avenue, thence along the east right-ol-way line of 7th Street approximately 130.00 fl. to an alley, thence along the southerly right-ol-way of said alley approximately 511.00 fl. to 6th Street, thence crossing 6th Street approximately 52.00 fl. to the southerly right-ol-way line of said alley, thence approximately 644.00 fl. to the west right-ol-way line of 5th Street, thence with the westerly right-ol-way line of 5th Street approximately 1001.00 fl. to the Place of BEGINNING. (b) References to street names and official tax numbers set out in paragraph (a) of this section are based upon Roanoke City Official Appraisal Maps as of October 28, 1986. The above described areas is are fully shown on a map, dated November 3, 1986, entitled "Downtown Service District, Roanoke, Virginia," and a map, dated May 24, 2004, "Expansion of Downtown Service District effective July 1, 2004" a 60PY copies of which is are on file and available for public inspection in the Office of the Roanoke City Clerk, Room 456, Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. * * * 2. This ordinance shall be in full force and effect on and after July I, 2004. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. AITEf\ "0 1 ~ 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 June 21,2004 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: Expansion of the Downtown Service District Boundaries A Downtown Service District (DSD) was first established by City Council on December 8, 1986, with an effective date of July 1, 1987. On May 28, 1991, City Council approved the expansion of the DSD to include the boundaries that represent the DSD as it stands today. Revenues generated by the district contribute approximately $250,000.00 annually to the operation of Downtown Roanoke Incorporated (DR!). The current taxation rate of the DSD is 10 cents per $100 of assessed value. The Administration has received a request from DRI for the consideration of a further expansion of the district boundaries. During 2003, DRI conducted a review of potential areas for further expansion of the Special Services District. The process included evaluation of the land uses and functions of these areas; review of the services and benefits that would be provided by the Special Services District to these areas; and meetings with property owners and business interests located within these areas. Mayor Smith and Members of City Council June 21, 2004 Page 2 The area identified for the expansion is located to the west of the current district, and is bounded by 5th Street on the east and 7th Street on the west; by Marshall Avenue on the south, and by the rear properties lines of properties fronting on the north side of Campbell Avenue on the north. This area contains such facilities as the YMCA facility currently under construction, the Jefferson Center, the Cotton Mill property, and a variety of commercially developed properties along Campbell Avenue. It is estimated that approximately $3,000 of additional annual revenue and contribution to Downtown Roanoke Inc. would result from this expansion area at the current taxation rate. This expansion would provide a wide range of services and support activities provided by DRI to this area, including participation and inclusion in ongoing planning and marketing initiatives, economic development initiatives such as business retention and recruitment, community relations, and special events. Recommended Action: Approve the expansion of the Downtown Special Services District as provided by the attached ordinance. Respectfully submitted, Darlene L. Burc City Manager DLB:rbt Attachments c: William M. Hackworth, City Attorney Mary F. Parker, City Clerk Jesse A. Hall, Director of Finance Brian Townsend, Director of Planning Building and Development CM04-00108 II I II . The Roanoke Times Roanoke, Virginia Affidavit of Publication NOTICE OF PUIUC HEARING i The City of Roanoke proposes to expand the Downtown , Roanoke Service DIstrict, such The Roanoke T~mes District having been Initially created' pursuant to Section - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - +1 - -I t;9~~~'a~=::, ~~r~;i:S and subsequently expanded in I 1991. J As proposed, the expanded I area would be subJect to the levy and collection of the addl- 1 tlonal annual raal property tax. Imposed on all properties In I the DOWI1tOMIServlce District. in the amount of ten cents J ('.10) per !lfl$ hundred dollars I ('.100.00) of assessed valua- tion. No Change In the tax Irate is p.roposed. Proceeds from sl.lCh annual tax are seg- I regated and expendad inthe DowntoWn ServIce District for I additional governmental ser- vices. A map 5howlng the I boundaries of the Pro~5ed 1 8Jq)8nslohandadeacrlptlon of the Indlvldual propertie5 I proposed.to be included In such District as set forth on ) narratlvedeacriptlonsand a map In a, file entltled1:X. I panded Downtown -s.Mce Dis- trict (2004)" are on file. and I aviillablltfQrpubllcinspeCtion I In the Ofrlce ofthe.CItyClerk, Room 456, MuniCipal Building. I 215 Church Avenue, S.W., Roanoke, Virginia. I I I I DOWNTOWN ROANOKE, 213 MARKET ST ROANOKE VA 24011 INC. REFERENCE: 80079435 02374587 Prop. Tax/Diaz 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: The proposed expanded area of the Downtown. Service Dls- t!ict Is descrlbed as follows: BEGINNING at a point Bt the southwesterly comer of Mar- shall Avenue and 5th Street, S.W.,thence traveling wlththe southern right-of-way line of Marshall Avenue ina westerly direc-tlon _approximately 648.00 ft.; thance crossing 6th Street, S.W., approxl. mately- 50.00 ft. to a point being the southwest comer of 6th Street and Marshall Ave- nue, thance continuing along the. southerly right-at-way line of Marshall Avenue approxi- mately 5.17.00 ft" thence crossing in a rI(Irtherly direc- tion IIpproximately 50.00 ft. to the northeast comer at Mllr- Shall Avenue and 7th Street, thence wlth the east rlght-of. way line of 7th Street:approxi- mately 636.00 ft. to the southeast comer of Campbell Avenue and 7th Street, thence In a northwesterly direction approximately 112.00 ft. to the southeast comer at. 7th Street and Patterson Avenue, thence atong the east right- of-way line of 7th Street approximately 130.00 ft. to an alley,thencealongthe southerly r~.of-wayatsaid alley approximately 5U.00 ft. to 6th Stnlet, thence crossing 6th Street approximately 52.00 ft. to the southerly right-at-way line of said alley, thence approximately 644.00 ft. to the west right- of-way line of 5th Street, thence with the westerly FILED ON: 06/18/04 I """,."..., """,fSthS',,'" approximately 1001.00 ft. to - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - -thePlace.ofBEGINNING. City/County of Roanoke, Commonwealth/State of virg~ia" Sworn and subscribed before me this -_ L~__day of June 2004. Witness my hand and official seal. ~-ll -- '--iMA.- ___ MY~OmmiS i n~p~ Notary Public J.-f-~-7------- . PUBLISHED ON: OS/28 06/04 06/11 TOTAL COST: 997.74 Authorized CJ_L__ ~n~_'__A~ Signature:____~~~~--~~----------' Pursuant to the requIrements of . U58.1-3oo7 and 15,2_ 2400 of the Code of Virglnla (1950) as amended, notice Is hereby gtyen thet the' CIty COUncll2f_thaCltyotRoanOke will Itol5 a public heartng on theabave,matteratits regu- lar meeting to beheld on June 21, 2004, commencing at 7:00 p.m.;'1n the Council Chambers, 4th Floor, NOel C. Taylor, MunlclpaT BUilding, 215 Church Avenue, S.W;, Roanoke, VllJlnla. 240U. Fur- ther Information IS avallable from the otrlc,,"Dt the City Clerk for the City at Roanoke at (540) 853-2541. Citizens shall have the Oppor- tun!tYtO bll:he;arl;l and express thelroptnioos Oll said matter. If YOu area person with a dis- ability who needs accOmnux'a. tionsforthlsheartng, please I contact the_ City Clerk'sOfflce at (540) 853-2541, before 12:00 noon on Thursday, June 17, 2004. . GIVEN under my hand this 26th day of May, 2004'. MaryF. Parker, City Clerk. (2374587) Billing Services Representative V.QC NOTICE OF PUBLIC HEARING The City of Roanoke proposes to expand the Downtown Roanoke Service District, such District having been initially created pursuant to Section 15.2-2400, Code of Virginia (1950) as amended, in 1988 and subsequently expanded in 1991. As proposed, the expanded area would be subject to the levy and collection of the additional annual real property tax, imposed on all properties in the Downtown Service District, in the amount of ten cents ($.10) per one hundred dollars ($100.00) of assessed valuation. No change in the tax rate is proposed. Proceeds from such annual tax are segregated and expended in the Downtown Service District for additional govermnental services. A map showing the boundaries of the proposed expansion and a description of the individual properties proposed to be included in such District as set forth on narrative descriptions and a map in a file entitled "Expanded Downtown Service District (2004)" are on file and available for public inspection in the Office of the City Clerk, Room 456, Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. The proposed expanded area of the Downtown Service District is described as follows: BEGINNING at a point at the southwesterly corner of Marshall Avenue and 5th Street, S.W., thence traveling with the southern right-of-way line of Marshall Avenue in a westerly direction approximately 648.00 ft., thence crossing 6th Street, S.W., approximately 50.00 ft. to a point being the southwest corner of 6th Street and Marshall A venue, thence continuing along the southerly right-of-way line of Marshall Avenue approximately 517.00 ft., thence crossing in a northerly direction approximately 50.00 ft. to the northeast corner of Marshall Avenue and 7th Street, thence with the east right-of-way line of 7th Street approximately 636.00 ft. to the southeast corner of Campbell Avenue and 7th Street, thence in a northwesterly direction approximately 112.00 ft. to the southeast corner of 7th Street and Patterson A venue, thence along the east right-of-way line of 7th Street approximately 130.00 ft. to an alley, thence along the southerly right-of-way of said alley approximately 511.00 ft. to 6th Street, thence crossing 6th Street approximately 52.00 ft. to the southerly right-of-way line of said alley, thence approximately 644.00 ft. to the west right-of-way line of 5th Street, thence with the westerly right-of-way line of 5th Street approximately 1001.00 ft. to the Place of BEGINNING. Pursuant to the requirements of ~~58.1-3007 and 15.2-2400 of the 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 June 21, 2004, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. Further information is available from the Office ofthe City Clerk for the City of Roanoke at (540) 853-2541. H:\NOTICES\N-PH-EXpanDownTownSerDist.dOC Citizens shall have the opportunity to be heard and express their opinions on said matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday, June 17, 2004. GIVEN under my hand this --1.L day of May ,2004. Mary F. Parker, City Clerk. Note to Publisher: Please publish in The Roanoke Times on Friday, May 28, 2004, Friday, June 4, 2004 and Friday, June 11, 2004. Send Publisher's Affidavit to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 2401 I Send Bill to: David Diaz President, Downtown Roanoke Inc. 213 Market Street Roanoke, VA,24011 H:\NOTICES\N-PH-ExpanDownTownSerDist.doc Notice to Publisher: Publish in the Roanoke Tribune once on Thursday, June 10, 2004. Send bill and affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 @J~ .~.~ ~ 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: c1erk@ci.roanoke.va.us STEPHANIE M. MOON Depoty City Clerk SHEILA N. HARTMAN Assistant City Clerk MARY F. PARKER, CMC City Clerk June 28, 2004 File #200-424 Robert B. Manetta, Chair and Members of the City Planning Commission Roanoke, Virginia Dear Ms. Prince and Gentlemen: I am enclosing copy of Ordinance No. 36750-062104 approving the Franklin Road/Colonial Avenue Area Plan, and amending Vision 2001 - 2020, the City's Comprehensive Plan, to include the Franklin Road/Colonial Avenue Area Plan. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 21, 2004, and is in full force and effect upon its passage. Sincerely, ~ 1 / ~~ -y. "a, h Mary F. Parker, CMC City Clerk MFP:ew Enclosure Robert B. Manetta June 28, 2004 Page 2 pc: Darlene L. Burcham, City Manager Rolanda B. Russell, Assistant City Manager for Community Development Steven J. Talevi, Assistant City Attorney Martha P. Franklin, Secretary, City Planning Commission S;il 1afof IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36750-062104. AN ORDINANCE approving the Franklin Road/Colonial A venue Area Plan, and amending Vision 2001 - 2020, the City's Comprehensive Plan, to include the Franklin Road/Colonial Avenue Area Plan; and dispensing with the second reading of this ordinance by title. WHEREAS, the Franklin Road/Colonial Avenue Area Plan (the "Plan") was presented to the Planning Commission; WHEREAS, the Planning Commission held a public hearing on May 20, 2004, 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 915.2-2204, Code of Virginia (1950), as amended, a public hearing was held before this Council on Monday, June 21, 2004, 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 Franklin Road/Colonial Avenue Area Plan and amends Vision 2001- 2020, the City's Comprehensive Plan, to include the Franklin Road/Colonial Avenue Area Plan as an element thereof. H:\ORDINANCES\O.CQLONlALFRANKLINGPLAN(ROANOKEVISION)062104.DOC 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: /) n a-r J fa,.. /. .(.. City Clerk. H:\ORDINANCES\Q-COLONIALFRANKLINGPLAN(ROANOKEVISION)062104.DOC Architectural Review Board Board of Zonin~ Appl'als Plannin~ CommissiOIl CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 2]5 Church Avenue, S.W., Room 166 Roanoke, Virginia 240] I Telephone: (540) 853-]730 Fax: (540) 853-1230 E-mail: planning(tl)ci.roanokc.va.us June 21, 2004 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: Public hearing to consider amendment to Vision 2001-2020, the City's comprehensive plan, to include the Franklin Road/Colonial Avenue Area Plan. Planning Commission Action: Planning Commission public hearing was held on Thursday, May 20, 2004. There was no one present to speak in support of or in opposition to the plan. Bya vote of 6-0 (Mr. Rife absent) the Commission recommended approval of the plan. Background: The Franklin Road/Colonial Avenue Area Plan covers an area southwest of downtown and is bounded by Brandon Avenue to the north, the neighborhoods of Greater Raleigh Court and Grandin Court to the west, South Roanoke to the east, and Roanoke County to the south. Three public workshops were held with residents and business owners of the area by staff in the fall of 2003 and spring of 2004. Considerations: During the workshops several positive features of the area were cited 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 · Proximity to commercial services, and overall economic stability . Low crime rate Staff noted the following issues in the plan that need to be addressed: (1) Traffic flow around Colonial Avenue between Towers Shopping Center and Virginia Western, including exit/entrance ramps from Route 220 and Wonju Street. (2) Maintaining the original character and density of single-family neighborhoods (3) Divided opinions of residents on potential curb and gutter improvements To address these issues, the plan features four priority recommendations: Community Design · Define the edges of commercial centers, and commercial zoning and development on Colonial Avenue and Franklin Road to ensure that residential areas are preserved and development of existing commercial sites is maximized. Residential Development · Maintain current residential densities in the update of the zoning ordinance per the future land use map Economic Development · Focus small -to- medium sized commercial development in concentrated centers Infrastructure · Improve the flow of traffic in the vicinity of Virginia Western Community College and Towers Shopping Center, including Wonju Street, Brandon and Colonial Avenues and all exit/entrance ramps. This improvement is the highest priority of this plan. · Focus curb, gutter and sidewalk improvements to existing arterial streets and ensure inclusion in all future developments/subdivisions. Recommendation: Bya vote of 6-0, the Planning Commission recommended approval of the Franklin Road/Colonial Avenue Area Plan for adoption as a component of Vision 2001-2020. cZ'i::rrm;.e" Robert B. Manetta, Chairman wr 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 Franklin Road/Colonial Avenue Area Plan Draft June 21, 2004 Table of Contents Introduction & Priority Initiatives Community Design Residential Developmert Economic Development Transportation & Infrastructure Public Services Environment & Quality of Life Implementation Future Land Use Map 1 5 10 13 15 20 21 24 25 City of Roanoke Department of Planning Building and Development . . vIsion 2001 2020 Introduction Franklin Road and Colonial Avenue are two of Roanoke's busiest streets. Both corridors are vital to the economic health of the City and the entire Roanoke Valley. In addition, Virginia Western Community College on Colonial Avenue is an importa nt educational asset to the region. Because of the relationship of these corridors and the development they support, it is logical that they be evaluated together. While these major arterial streets and the adjoining commercial development are the dominant features of the landscape, several established neighborhoods are also included in the plan. These include the subdivisions of Colonial Heights, Fralin Park, and Jefferson Hills off of Colonial Avenue; and a small neighborhood on Beechwood Drive, Gardens a nd Roberts Roads, the Southwood development and several apartment complexes off of Franklin Road. Since this land was annexed, commercial development gradually emerged and has grown along Franklin Road and in Towers Shopping Center. More recently, new subdivisions have been developed with single-family homes. Most of the houses are tucked away from the busy commercial corridors, making this an area of economic activity and stable residential neighborhoods. Priority Initiatives Community Design . Define the edges of commercial centers, and commercial zoning and development on Colonial Avenue and Franklin road to ensure that residential areas are preserved and development of existing commercial sites is maximized. Residential Development . Maintain current residential densities in the update of the zoning ordinance per the future land use map Economic Development . Focus small -to- medium sized commercial development in concentrated centers Infrastructure · Improve the flow of traffic in the vicinity of Virginia Western Community College and Towers Shopping Center, including Wonju Street, Brandon and Colonial Avenues and all exit/entrance ramps. This improvement is the highest priority of this plan. · Limit curb, gutter and sidewalk improvements to arterial streets and new developments People The overall population of the area has remained steady in recent years. The number of households increased between 1990 and 2000, while there was a decrease in the average household size. This is a national demographic trend. The area has become slightly more racially diverse in recent years, yet continues to be predominantly white. While white residents comprise 91 % of the population, the number of black residents has increased 67% 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. T bl 1 P I' D h' a e opu atlon emograp ICS 1990 2000 Percentage Change Total Population 2,816 2,860 2% Households 1,444 1,556 8% White 2,684 2,630 -2% Black 69 135 96% Other Races 63 95 51% Two or more races nla 28 nla 0-19 Years Old 454 418 -8% 20-34 Years Old 663 544 -18% 35-64 Years Old 927 1106 19% 65 Years and Over 772 792 3% Source: u.s. Census Bureau, Census 1990 & 2000, Tract 17, Summary File 1 The age distribution of the area's population has seen some noteworthy changes over the last decade. The only increases we re in people 35 years of age and older. The number of children and teenagers decreased, as did the number of younger adults (ages 20 - 34). As Table 2 shows, the area has proportionally less children and teenagers and more senior citizens when compared to the age distribution citywide. This may indicate an aging population or an influx of senior citizens and middle-aged people who don't have children. The area has a greater percentage of residents who've obtained higher education degrees than the city as a whole. The percentage of residents with a graduate or professional degree is over twice that of the city. While 13% of residents 25 years of age and older don't have a high school diploma, this is substantially lower than the citywide average of 24%. The distribution of income in the area is comparable to that of the city as a whole. In addition, the average household income in the area is $31,406, only slightly above the citywide average. 2 a e uca lona ammen , , years 0 age an over City of Roanoke Education level Total Percentage Average less than High School 248 11% 24% High School 501 22% 30% Some College 557 25% 21% Associate's Degree 107 5% 6% Bachelors Degree 475 21% 12% Graduate or Professional 365 16% 7% Total 2,253 100% 100% Table 2. Population Age Distribution: Area and Citywide Area Citywide PerlSOns Percenblge Persons Percentage 0-19 Years Old 418 14% 23,455 25% 20-34 Years Old 544 19% 20,146 21% 35-64 Years Old 1,106 3a% 35,750 38% 65 Years and Over 792 28% 15,560 16% Total 2,860 100% 94,911 100% Source: U.S. Census Bureau, Census 2000, Tract 17, Summary File 1 T bl 3 Ed f I Att . t 25 f d Source: u.s. Census Bureau, Census 2000, Tracl17, Summary File 3 (Data based on Sample) Table 4. Household Income in 1999 City of Income Bracket Study Area Roanoke Number of Households Averaae Average $0 - $14,999 287 18% 22.7% $15,000 - $24,999 284 18% 17.8% $25,000 - $34,999 260 17% 16.1% $35,000 - $49,999 226 14% 17.1% $50,000 - $99,999 383 25% 21.3% $100,000 + 126 8% 5.0% Total 1,566 100.0% 100.0% Source: U.S. Census Bureau, Census 2000, Tract 17, Summary File 3 (Data based on Sample) 3 Neighborhood Organization There are no recognized neighborhood organizations in the area. Recently, a neighborhood organization formed in the Pasley Avenue area in the Fralin Park subdivision. The Grandin Court Civic League, the Greater Raleigh Court Civic League, the Wasena Neighborhood Forum, and Neighbors in South Roanoke represent surrounding neighborhoods. 4 Community Design This area is overwhelmingly suburban in character. The majority of development occurred after World War II. Suburban development is characterized by an orientation to the automobile, wide streets that enable higher speeds, subdivisions of large single-family houses with large front, back, and side yards, and shopping centers and strip commercial establishments with large parking lots in front. The City acquired land from Roanoke County through annexation that was already developed or subdivided with single-family houses on large lots. The Colonial Heights, Fralin Park, and Jefferson Hills neighborhoods all had some development prior to annexation. Virginia Western Community College was founded in 1966 and continues to grow. The campus spans over 69 acres on both sides of Colonial Avenue. A skywalk over Colonial links the north and south campuses. The north campus has six buildings, six parking lots, and two tennis courts. The south campus has nine buildings, six parking lots, and also includes the Community Arboretum _ a public botanical garden on the corner of Colonial Avenue and Winding Way Road. Recently the college received funding from the Friendship Group, Lewis- Gale Medical Center, and Richfield Retirement Community to expand programs and enrollment in health care fields. The college is currently constructing its College Services Building on the southern side of Colonial Avenue, which will receive and house various supplies and the offices of the campus police. Much of the surrounding neighborhoods were already developed prior to the college's development, however a great deal of growth in the City and in Southwest Roanoke County has occurred since then. Whereas the campus was designed and built in a suburban layout, it has gradually become more urban with more buildings and greater volumes of traffic. Colonial Avenue separates the two campuses, but the streetscape is not well suited to pedestrian or bicycle traffic. Improvements to Colonial Avenue should address its impact on Virginia Western and better integrate the streetscape with the campus. Potential improvements to the streetscape of Colonial Avenue through Virginia Western include: · A landscaped center median through portions of Colonial Avenue where there are no turns · A stamped or raised crosswalk at the intersection of Colonial Avenue and McNeil Drive · A roundabout on Colonial Avenue at Winding Way Road While a couple of Virginia Western's buildings are close to Colonial Avenue, others are set back with large parking lots in the front. Along most of Colonial Avenue, parking lots are the dominant feature of the campus. Future campus development on Colonial Avenue should be oriented toward the street with parking to the rear or side. The College Services Building is being constructed in this fashion, and should diminish the visual impact of the parking lots to some degree. Given the growth of the college, a parking garage could add to the campus' appearance and increase the number of parking spaces. 5 Franklin Road is a four-lane arterial commercial corridor. Most buildings are set back from the street with parking lots in the front, accessed by wide curb cuts. There are a few exceptions on the southern side where some buildings are located at the sidewalk with no front yard. Vision 2001-2020 recommerds that commercial corridors such as Franklin Road feature development with buildings on or close to the property line in front, with parking to the rear or side. This development pattern is especially appropriate for this corridor as rocky terrain tends to limit the depth of parking lots. The terrain on both sides of Franklin Road is hilly. There are several residential developments off of the northern side of Franklin Road that are tucked away and perched above the commercial establishments on the street. These include newer single-family subdivisions and a few apartment complexes. Duke of Glouchester Street provides access to several single-family subdivisions that have been developed since the late 1990s, such as Southwood and Kingsbury Court. At the time of the planning process, development of additional single- family units was underway in this neighborhood. Many of the houses in these subdivisions were built out to the lot line and are thus very close to one another. Most are one-story, brick veneer, and characterized by a protruding garage on the front that is integrated into the main mass of the structure. Colonial Avenue is also very hilly west of Virginia Western Community College. This stretch of the street is winding with two lanes through predominantly single-family residential neighborhoods. This part of Colonial Avenue maintains a suburban character until the intersection with Ogden Road and the corporate limits where there are several apartment complexes. Houses tend to be on larger lots with substantial yard space and vegetation. From Virginia Western east to Brandon Avenue, Colonial Avenue has four lanes and is consistently busy during, and between, peak hours. This stretch of the street lacks curb, gutter and sidewalk, and is unsafe for pedestrians. Its wide profile, especially at VWCC is notorious for speeding traffic, despite heavy pedestrian activity. East of VWCC, no area is allotted for pedestrian traffic. Many houses in the neighborhood off of the northern side of Colonial Avenue lie beneath the grade of the street. This neighborhood is dominated by one-story Ranch and Cottage style houses, but also has a few apartment buildings near Towers Shopping Center. South of Virginia Western off of Colonial Avenue there are several subdivisions of single-family houses. Jefferson Hills is accessed via Winding Way Road adjacent to Virginia Western. The neighborhood's layout, with its winding streets (hence, Winding Way Road) and abundance of trees, gives it an almost rural character and isolates it from nearby busy areas. The undulating terrain and wooded landscape serve as natural buffers from 1-581, Franklin Road and Colonial Avenue. Lots in Jefferson Hills are large- most are over half an acre- and the architecture reflects the styles of the subdivision's origin in the 1950s. The suburban one-story ranch is the most common architectural style, and brick veneer is the dominant exterior finish. Further south on the northern side of Colonial Avenue are several other predominantly single-family subdivisions off of Robyn, Wright, and Hartland 6 Roads, and Pasley Avenue. Lots are large in these subdivisions; few are less than 10,000 square feet. Zoning and Land Use The title of this plan indicates the most prominent land use patterns of this area. The area of study is largely characterized by the wide commercial corridor of Franklin Road, and the Colonial Avenue corridor that extends southwest from Towers Shopping Center. These two streets run nearly parallel to one another and provide access to all the development in the area. The zoning and land use can be summarized into four general areas: · Franklin Road Commercial Corridor - with the exception of the vacant land in the 32-3400 blocks, Franklin Road is a commercial corridor. There are some offices and a mix of commercial uses, including restaurants, gas stations, specialty retail, and car lots. · Scattered residential off of Franklin Road - subdivisions off of Franklin Road accessed via Roberts Road and Duke of Glouchester Street have a number of new single-family housing units. The latter also features a subdivision with several multifamily units. Several apartment buildings are off of Townside Road. . Towers Shopping Center and the commercial/residential mix in the vicinity - Towers is a major shopping destination in the City and has generated commercial development on the northeastern end of Colonial Avenue. A small neighborhood lies just to the southwest of the shopping center and there is a mix of residential and commercial along this section of Colonial Avenue. . Virginia Western Community College and the Jefferson Hills neighborhood to the southwest - southwest of the commercial development on Colonial Avenue, the campuses of Virginia Western and James Madison Middle School represent a transition in the development pattern. Colonial Avenue is void of any commercial development southwest of the 2700 block, and beyond Virginia Western is Jefferson Hills and other single-family neighborhoods with homes on both sides of Colonial Avenue and abutting the railroad tracks. There are some large undeveloped parcels in the area. Department of Real Estate Valuation data lists 163 properties as vacant, defined by a lack of a building. While some of these properties are parking lots or additional yard space to an adjoining property, there are several large swaths of untouched forest. Most of these large parcels pose challenges to development due to topography, natural barriers and limited access. Examples of such lots are: · Between the railroad tracks and Franklin Road - several large parcels surround the new subdivisions currently being built upon. Several of these parcels are zoned RPUD and could be developed with a variety of housing units. · South side of Colonial Avenue - two parcels totaling over 46 acres lie side by side on the southern side of Colonial Avenue just east of the corporate 7 line. The floodway runs through one of these parcels, limiting its development potential, however there is a substantial amount of land for residential development. · North side of Colonial Avenue - a City-owned parcel of over 29 acres just east of the corporate line. At present, a proposal for a mixed residential development is being evaluated for this site. In addition, at the time of the planning process, construction of new housing units was underway on a number of lots, most notably in the subdivisions off of Duke of Glouchester Street; Kingsbury Lane and King James Street. The suburban development pattern of the area was encouraged by past zoning policies, which required a large number of parking spaces, small lot coverage ratios, and large setback distances from streets. This type of development resulted in unused parking spaces and buildings on lots with large amounts of unused land. In addition, zoning patterns encouraged strip development along Franklin Road. The development pattern of the area today still reflects this suburban orientation. Over the 'fears, as development has crept further from downtown and the core of the city, once isolated neighborhoods are close to commercial establishments with neon signs and street lights. While the vast majority of the houses in the area do not abut commercial development, commercial zoning districts need to be clearly delineated and their boundaries maintained to prevent further encroachment upon residential areas. Community Design Issues . Lack of integration between different uses and neighborhoods · Encroachment of commercial uses into neighborhoods · Limited green/open space in some areas . Overabundance of underused pavement Community Design Policies . NeiQhborhood Character: Established neighborhoods should retain their current character and development patterns . DesiQn: Future commercial development should adhere to the design principles of Vision 2001-2020 for commercial corridors: o Concentrations of higher-density, mixed use development and live/work space at key intersections o Minimal curb cuts, shared parking, increased lot coverage, signs co-located, no excessive lighting, and orientation of buildings close to the street . Zonina: Commercial and residential zoning districts should be clearly delineated with the intensity of uses minimized in some areas . Parkina: Paved parking spaces should be minimized 8 Community Design Actions · Colonial Avenue Area: Maintain the established development pattern of the older neighborhoods such as Fralin Park and Jefferson Hills · Franklin Road Area: Require new developments to incorporate urban amenities (e.g. sidewalks and curbs), and mixed-use (commercial and residential) where pOSSible · Franklin Road Commercial: Update the zoning ordinance to require the design guidelines of Vision 2001-2020; buildings should be closer to the street with parking to the side or rear . Zonina: Establish commercial boundaries in the update of the zoning ordinance . Parkina: Limit the number of parking spaces for new developments in the update of the zoning ordinance 9 Residential Development This area has a stable housing stock with some of the newest construction in the City. There are rarely any building code enforcement issues in the neighborhood, and homeownership is high among single-family homes. Due to the prominence of commercial development, several neighborhoods are tucked away from Franklin Road and Colonial Avenue and are likely unknown to newer residents of the City. Most of the homes in this area were built after World War II, with great spurts in the 1940s and 1950s. By the 1960s housing development had leveled off, while there has been a recent surge in building in the last few years. Since 2000, an average of over 16 single-family homes a year has been built. Large parcels of vacant, residentially zoned land and a strong market in the area will likely attract more development. T bl 5 H a e . OUSID Percent City of Roanoke 1990 2000 Chanoe Percent Chanae Occupied Housino Units 1,444 1,556 8% 2% Vacant Housing -3% Units 127 70 -45% Vacancy Rate 8% 4% -4% -1% Owner Occupied 668 700 -1% 2% Renter Occupied 776 856 10% 3% Owner Occupancy Rate 46% 45% -1% -1% Source: U.S. Census Bureau; 1990 Census, 2000 Census Summary File 1 Recent development has brought higher end single-family housing. Southwood is a mixed density planned community with private roads, perched atop a knoll between Franklin Road and Route 220. Southwood is in a district zoned RPUD, Residential Planned Unit Development. The purpose of the RPUD is to provide design flexibility to encourage orderly development of large sites that maximize the land more than other residential zoning categories. RPUD developments tend to be denser than most single-family subdivisions. At the time of the planning process, development of more homes was underway in Somercroft Court and Kingsbury Court, subdivisions within the RPUD adjacent to Southwood. There are a few major vacant sites in the area that are zoned for residential use. Two vacant parcels off of the southern side of Colonial Avenue total over 46 acres. Murray Run and the floodway flow through the westernmost parcel. A portion of this parcel is in the floodplain, and a small portion of the eastern parcel is as well. The westernmost parcel was rezoned to RM-2, Residential Multi-Family Medium Density, in 1983 to allow for the development of 10 170 townhouses. Although that deve lopment never came to fruition, State law mandates that the proffered rezoning - conditions that a developer agrees to abide by when the property is rezoned - is valid until the owner requests, and City Council approves, that they be repealed or amended. Table 6. Sin Years No. Units le-famil Construction, 1900 - present 1900-1945 1946-1960 1961-1999 2000-present 26 226 154 65 The City owns a 29-acre parcel of mostly vacant land on the northern side of Colonial Avenue at the corporate limits. At present the New Vista Montessori School is located on this parcel. This property is suited for mixed-density residential development as well as limited commercial elements. Currently, a proposal is being evaluated for the development of this site. The Williamsburg Manor apartment complex off of Duke of Glouchester Street is just to the south of the RPUD. This complex is comprised primarily of duplexes, and is well landscaped and buffered from Route 220 by a wooded hillside. Across from Williamsburg Manor is Hounds Chase, a small apartment complex off of Kingsbury Lane. Aside from these developments, the majority of the other apartment complexes in the area are concentrated off of Franklin Road on Parliament and Townside Roads, and Southway Drive behind Townside Festival Shopping Center. There are also apartments in the neighborhood just to the south of Towers Shopping Center, and one development on Colonial Avenue near Virginia Western. Residents did not voice many concerns with the appearance or upkeep of the housing in their neighborhoods. Residents of Jefferson Hills did note that some of the newer construction has been of houses that are much closer to one another than in the rest of the neighborhood. Residents feel that some of the newer development is not in keeping with the suburban feel of the neighborhood, and that the future zoning ordinance should serve to maintain the large single- family lots that are common there. Overall, homeowners in the area expressed pride in their homes, and would like to maintain the character of their neighborhoods With limited land resources, the City must encourage efficient development patterns that maximize the potential of the land. Vision 2001-2020 discourages new suburban style development in favor of traditional urban development patterns. However, established neighborhoods can and should be maintained. 11 Residential Development Issues · Encroachment of commercial uses into neighborhoods · Increasing density in some areas Residential Development Policies · NeiQhborhood Character: Older neighborhoods should retain their current residential character . ZoninQ: Zoning should reinforce the existing character of neighborhoods · New development: New development should be well-planned and use limited land resources wisely Residential Development Actions · ZoninQ: Maintain the density of existing neighborhoods in the update of the zoning ordinance · Vacant Parcels: Identify and promote appropriate new development on vacant parcels 12 Economic Development Establishments along Franklin Road and in Towers Shopping Center comprise a large part of the City's commercial tax base. Southwest of Wonju Street, Franklin Road is a busy commercial corridor with a wide variety of commerce. Vision 2001-2020 identifies the section of Franklin Road between the South Jefferson Redevelopment Area and Wonju Street for potential redevelopment with industrial, commercial, or mixed land use. This area is zoned LM, Light Manufacturing, on the western side of Franklin Road, and C-2, General Commercial, on the eastern side. The development pattern of Franklin Road has changed over the years and is now predominantly commercial, with very little industrial development. The upper half of the land on the western side of Franklin Road abuts the railroad tracks and is well suited for industrial use. However, the lower half of this land faces Franklin Road and has an adverse impact on the corridor's appearance. The South Jefferson Redevelopment Area should serve as a catalyst for improving this section of Franklin Road. The area has few neighborhood or pedestrian-oriented commercial uses. However, there are a few concentrations of small- and medium- sized commercial uses along Franklin Road. These include Townside Festival, and Piccadilly Square. Both of these small shopping centers feature restaurants and specialty retail stores. These areas need to be distinguished from larger commercial sites on Franklin Road, such as auto sales, auto repair shops, motels, and fast food restaurants. Future development in such commercial centers sho uld include residential components, e.g. live/work space; commercial on the first floor with apartments on upper floors. In addition, such centers should feature buildings that are closer to the street with parking to the rear or side, and improvements within the centers for pedestrian access. Towers is one of the Roanoke Valley's largest strip commercial shopping centers. It features the neighborhood's largest grocery store and a number of specialty retail stores and restaurants. Several features have helped Towers stand out from other shopping centers and malls, and maintain its competitive edge. The internal street system provides good circulation and the angled parking spaces on the northern side allow for quick visits. The wide sidewalks outside and the stairway and escalator inside, allow for good pedestrian access within the center. A few establishments are located on the exterior of the site close to Colonial Avenue, filling in what was previously excess parking space. 13 Economic Development Issues · Underused commercial and industrial land · Lack of differentiation between commercial uses Economic Development Policies · Commercial Corridors: Commercial areas should accommodate competitive businesses that have aesthetic and functional compatibility with adjoining residential areas · Commercial Centers: Small- to medium- sized concentrations of commercial establishments should be developed differently than larger strip commercial developments . Industrial Districts: Industrial uses should have sufficient land to operate, and have a minimal impact on adjoining properties Economic Development Actions · Towers Shoppino Center: Maintain commercial zoning that will allow Towers to continue to be a competitive and growing shopping center . Franklin Road: Maintain commercial zoning that will retain existing businesses and attract new establishments · Commercial Centers: Identify or create nodes along Franklin Road for commercial centers; concentrations of small- to medium- sized commercial establishments · Maximize Commercial Districts: Avoid further expansion of commercial districts to encourage quality development and more efficient use of land in existing districts . Industrial Districts: Evaluate underused industrially zoned land and demarcate or rezone to maximize its potential 14 Transportation and Infrastructure Transportation Franklin Road and Colonial Avenue are both major arterial streets. Franklin Road is a four-lane urban street that connects downtown and Roanoke County. It is also accessible from Interstate 581/Route 220. Colonial Avenue is a heavily traveled four-lane urban street from the campus of Virginia Western northeast to its intersection with Brandon Avenue. To the southwest of Virginia Western, it is a two-lane suburban street. Both of these streets are commercially oriented with the exception of Colonial Avenue southwest of Virginia Western. Also included in this plan is the south side of Brandon Avenue from just east of Brambleton Avenue to Franklin Road. The confluence of these three major arterial streets and the existing development along them requires they be addressed collectively. The Virginia Department of Transportation rates streets and intersections with Level of Service (LOS) ratings from A-F. An LOS rating of C is considered excellent for urban areas and an LOS of D is considered sufficient. LOS of E and LOS F denote streets with more traffic than they were designed to carry (See Table 7). Table 7: Street Level of Service (LOS) Projections and Average Daily Trips (ADT), 1990-2025 Street Between 1990 ACT 2015 ACT 2025 ACT 2025 LOS Brandon Ave. Main SI. 10 Coioniai Ave. 22,267 28,100 24,100 C Brandon Ave. Coloniai Ave. to Franklin Rd. 22,267 28,100 25,700 0 Broadwav SI. Franklin Rd. to McClanahan SI. 8,713 10,800 9,700 C Colonial Ave. Roanoke SCL 10 Wonju SI. 14,833 24,400 26,100 F Colonial Ave. ** Wonju SI. to Brandon Ave. 21,258 27,700 18,300 C Overland Rd. *** Bramblelon Ave. to Colonial Ave. 7,132 20,200 12,000 0 Wonju SI. Coloniai Ave. to Franklin Rd. nta 22,000 19,000 C ** This section of ColOnial Avenue has a reduced projected volume due to traffic being dIverted to the Wonju Street Extension on the 2025 network. This new facility was not on the 2015 network. The reduction in projected volume on Overland Road may be attributed to the change of assignment method used for the 2025 model. The previous model was run without any built in capacity restraints, while a capacity restraint volume adjustment was used for the 2025 model assignment, which would restrict the amount of traffic being carried by this two-lane facility. Source: VDOT and the Roanoke Valley-Aileghany Re9ional Commission Colonial Avenue and Wonju Street The area of greatest concern is the south side of Towers Mall along Colonial Avenue, its intersection with Wonju Street and the traffic using the exit and entrance ramps from Wonju onto Route 220. Traffic counts in this area are high for Colonial Avenue and Wonju Street, and traffic congestion is compounded by motorists on Colonial Avenue turning to and from 23rd Street and frequent stacking of cars on the ramps. Twenty- Third Street is used frequently as 15 a cut-through route between Colonial and Brandon Avenues. Twenty- Third Street intersects Colonial Avenue less than 150 feet from the signalized intersection of Colonial and Wonju Street. Cars using 23'd Street further clog and slow down this intersection. Residents of the Jefferson Hills neighborhood expressed concern with the traffic generated by Virginia Western, particularly on Colonial Avenue at the intersections of McNeil Drive and Winding Way Road. With Virginia Western's enrollment increasing, traffic will increase. The College's new building will have an entrance off of Colonial Avenue, which may pull some of the traffic from Winding Way and McNeil. VDOT's recent draft Six Year Improvement Program includes a four-lane extension of Wonju Street from Brandon to Colonial Avenue, with full funding in 2005 and construction tentatively set for 2009. The Six Year Plan sets priorities and allocates funding for street improvements. Improvements that reach the construction phase then become part of the Transportation Improvement Progam, which is done in two year increments. The Wonju project is currently in the preliminary engineering phase, as potential designs are being evaluated. Colonial Avenue, from Wonju Street to Winding Way Road, is slated for urban three-lane improvements; sidewalk, curb and gutter, and bike lanes, in VDOT's Roanoke Valley Area Long Range Transportation Plan, 2005-2025. These improvements are recommended for construction after the extension of Wonju is complete, and are based in part on the pedestrian and bicycle accommodations recommended in the Roanoke Valley Conceptual Greenway Plan, and the Roanoke Valley Area Bikeway Plan. Residents of the Colonial Avenue corridor reaffirmed the recommendation of the Long Range Transportation Plan not to widen Colonial between Winding Way and Ogden Roads as the previous long-range plan had recommended. The long-range plan is conducted by the Roanoke Valley Area Metropolitan Planning Organization (RVAMPO) under the direction of the Roanoke Valley Alleghany Regional Commission with the cooperation of several government agencies. The plan serves as a guideline for VDOT and the City for future transportation improvements. The highest priority improvements from the long range plan are included in the six year plan. During the pUblic workshops, residents stated the traffic congestion in this area to be their foremost concern. Residents also offered several suggestions and asked that interim measures be taken to alleviate the congestion around Colonial Avenue and Wonju Street The City's Transportation Division researched several ideas and concluded that none were practical at present. Rather, staff feels that the entire street network from Towers to Virginia Western needs to be addressed collectively. The Wonju extension should be assessed concurrently with improvements to Colonial Avenue and the exit ramps to and from Route 220. While no funding has been allocated to the Colonial Avenue improvements listed in the six year plan, the funding allocated to the Wonju extension offers an opportunity for a more comprehensive approach to improving the corridor. Staff will work with VDOT to determine bolh the optimal design of the Wonju extension and 16 alternatives and/or additions to the extension that might address the flow of traffic in the general vicinity. Franklin Road New development in both the City and Roanoke County portions of Routes 220 and 419 has increased traffic on Franklin Road in recent years. Franklin Road is a major arterial street that connects to Route 419, which serves as a beltway for much of the southwestern side of the Valley. Franklin Road is also one of the City's main gateway streets, connecting to downtown via the Old Southwest neighborhood. The LOS projections for Franklin Road show increases from Wiley Drive to Avenham Avenue, while from Route 419 in the County to Townside Road, it is projected to remain about the same. Franklin Road is in good condition, and is not currently scheduled for resurfacing or any other maintenance improvements. However, it was designed with wide lanes to move large capacities of traffic at as fast a pace as possible and as a result, speeding traffic is frequent. A potential improvement to the street would be a center landscaped median, similar to the one currently being constructed on Williamson Road. Medians serve to slow traffic, define access pOints and can improve a street aesthetically. An on-street greenway connection on Franklin Road is also proposed in the Roanoke Valley Conceptual Greenway Plan. While this potential greenway has not yet been designed, future improvements on Franklin Road will be designed with consideration to it. On the more urban segments, bike lanes and sidewalks may constitute the greenway. In addition to Colonial Avenue, bicycle lanes are proposed for all of Brandon Avenue from the City corporate limits to Franklin Road. Public Transportation Valley Metro provides two routes that directly service the area. Routes 51/52 and 55/56 both circulate between Campbell Court bus terminal and Tanglewood Mall. Both of these routes run along Franklin Road and Colonial Avenue. Infrastructure Franklin Road is equipped with curb and g utter. On the eastern side of the street there is a creek that is piped underneath the sidewalk from the 3100 block north. Storm drainage is a problem on this side of Franklin Road during heavy rains, as the culvert system cannot contain all of the runoff. Most of Franklin Road has sidewalks, however there is a segment that is undeveloped on both sides and does not have any sidewalk. West of Virginia Western, Colonial Avenue and most of the streets off of it lack curb, gutter, and sidewalk. Some residents in Jefferson Hills noted that storm water runoff is a problem, particularly on Winding Way Road where many houses are below the grade of the street. While some expressed their desire to see curb and gutter improvements on Winding Way, most residents stated they did not, and would rather see some alternatives to curb and gutter. Since many homes in this area are below the grade of the street, installing curb will not 17 impede runoff. During heavy rains, precipitation will bounce off the pavement and over the curb. The pavement is impervious, and curbs are not substantial enough to block a large amount of water. Some lots in the neighborhood have drainage ditches; however the grade of many lots is too steep for them. Recently in Jefferson Hills, curb and gutte r improvements were installed on Dogwood Lane, Forest and Heritage Roads. There is some standard curb, but most of the improvements are rolling curb; a concrete bevel slightly below the grade of the street curved in the middle to channel water. The design guidelines of Vision 2001-2020 call for suburban neighborhoods to be developed in the future with urban features, which include curb, gutter and sidewalk improvements. However, given the existing suburban development and rolling topography in this area, curb, gutter and sidewalk improvements may actually exacerbate drainage problems and would be very costly in these low density areas. Future curb, gutter and sidewalk improvements in the area should be based upon the following guidelines: 1. Arterial streets - all arterial streets should be equipped with curb, gutter and sidewalk 2. Infill development on existing streets - no curb, gutter or sidewalk should be installed in existing single-family developments 3. New subdivisions - all new developments will have curb, gutter and sidewalk Infrastructure Issues · Congested traffic, especially at Wonju Street, on Colonial Avenue between BrandonAvenue and Virginia Western, including exit ramps to and from Route 220 · Increased traffic from Virginia Western Community College · Storm water drainage Infrastructure Policies . Streetscapes: Streetscapes should be well maintained, attractive and functional for pedestrian, bicycle and motor traffic · Connectivity: The connectivity of streets and the grid street system should be promoted and maintained · Street width: Streets should be kept at the minimum width necessary to accommodate vehicular traffic and on-street parking · Curb, Qutter and sidewalk Improvements: New developments and arterial and collector streets should have urban amenities such as sidewalks and curb and gutter and appropriate species of trees should also be planted along streetscapes. · Stormwater DrainaQe: Stormwater runoff should be mitigated as much as possible through improvements that are consistent with the character of the neighborhood. 18 Infrastructure Actions o Woniu Extension: Examine all design possibilities to improve Colonial Avenue and Wonju Street, including VDOT's proposed extension ofWonju Street to Brandon Avenue in the draft Six Year Plan. This improvement is the highest priority of this plan. o Colonial Avenue: Improve Colonial Avenue between Towers Shopping Center and Virginia Western Community College as prescribed in the Long Range Transportation Plan. This improvement will be undertaken after, or in conjunction with, the Wonju extension. o Franklin Road: Evaluate a center median in sections of Franklin Road to control access, improve functioning and create a more attractive street. o Traffic Sianals: Evaluate traffic signal at McNeil Road and Colonial Avenue, and consider the possibility of signals at Winding Way Road and Colonial Avenue, and Twenty-Third Street and Brandon Avenue. o Curb. autter and sidewalk Improvements: Determine the need for improvements based on the following: o Arterial streets - all arterial streets should be equipped with curb, gutter and sidewalk o Infill development on existing streets - no curb, gutter or sidewalk should be installed in existing single-family developments o New subdivisions - all new developments will have curb, gutter a nd sidewalk o Stormwater Manaaement: Alleviate stormwater runoff as much as possible through alternatives to curb and gutter. 19 Public Services Police Review of recent data indicates that crime is not an overriding concern. Of the City's 14 police districts, the two (3 and 9) that comprise the area received the third and fourth least calls for service during the last fiscal year. Animal offenses, disorderly conduct, and larceny comprise the most frequent calls for service to the police department. Fire/EMS Fire Station Numbers 7 and 8 are close to the area. Number 7 is located at 1742 Memorial Avenue, S.W., and Number 8 is the closest at 2328 Crystal Springs Avenue, S.W. Station Number 7 houses an engine and a ladder. Station Number 8 houses an engine. The Fire/EMS Strategic Business Plan recommends future improvements to both stations to continue their operation in their current locations for the foreseeable future. Public Services Issues · Lack of neighborhood organizations to communicate with the Police · Improvements to fire stations Public Services Policies · Police officers should keep neighborhood residents informed of any occurrence of crime in the area · Fire/EMS stations should be outfitted to provide the most efficient service possible Public Services Actions · Establish neighborhood contact persons with Neighborhood Services and the Police Department to open communication between the City and the neighborhoods regarding crime prevention · Improve Fire/EMS Station Numbers 7 and 8 per the recommendations of the Fire/EMS Strategic Business Plan 20 Environment and Quality of Life Commercial development has brought a lot of services to the area, yet at the same time has brought more traffic and has diminished the quality of some of the residential areas. The main single-family residential areas that adjoin commercial development are west of Towers on Colonial Avenue, and Beechwood Drive and Roberts Road off of Franklin Road. The concentration of apartments off of Townside Road also abuts commercial development on Franklin Road, however such multifamily development is better suited close to a commercial corridor than single-family subdivisions. In several areas the natural environment seems far removed from the strip commercial development of Franklin Road and Route 220. The Jefferson Hills and Fralin Park neighborhoods are both situated on undulating terrain and surrounded by healthy forest with a mature tree canopy. The neighborhoods off of Duke of Glouchester Street are also perched atop plateaus that offer clear mountain views in each direction. Overall, the concern of residents in the area and their appreciation of their neighborhoods and surroundings indicate that it is a desirable place to live. Defining the boundaries of commercial zoning to prevent encroachment into neighborhoods, increasing the ability to walk to neighborhood destinations, and improving traffic conditions are essential to maintaining the high qualify of life in the area. Parks and Recreation There are several parks adjacent to the area. These include Fishburn, Rivers Edge, and Wasena/Smith. In addition, open space and recreational facilities are available at James Madison Middle School. Fishburn Park on Brambleton Avenue has two tennis courts, hiking trails and a lot of green space. Rivers Edge Park lies just to the north along Franklin Road and Reserve Avenue. This park is used heavily and features tennis courts, soccer and football fields, a softball diamond, playground and a comfort station (a restroom and water fountain). In addition, the Department of Parks and Recreation's main office is on Reserve Avenue and houses the Rocwood climbing gymnasium. Wasena and Smith Parks are off of Wiley Drive a short distance from Rivers Edge. Wasena Park includes amenities for recreational activities (softball, basketball, tennis, etc.), playgrounds, picnic tables, a comfort station (a restroom and water fountain) and a scenic drive. In addition, the park offers biking, jogging, walking, and fishing opportunities. The general public and various organizations 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 1 O-acre community park. The facility includes a picnic shelter with restrooms, a large playground structure, and a small memorial garden. 21 Greenways Greenways are corridors of protected open space managed for conservation, recreation and non-motorized transportation. Greenway trails vary in their makeup; some are paved, while others are cleared paths in the environment. As vegetated linear parks, greenways provide tree cover, wildlife habitat, and riparian buffers to protect streams. The trails within the greenways provide access between neighborhoods and destination points, opportunity to travel without an automobile, outdoor education classrooms, and close-to-home paths for walking, jogging, bicycling, and rollerblading. The Roanoke Valley Conceptual Greenway Plan features three routes in the area; Route 419/Electric Road, US 220, and Murray Run. The Murray Run Greenway is an off-road bicycle/pedestrian route that follows along the Murray Run creek until it intersects with the Roanoke River Greenway. Portions of the Murray Run Greenwayhave been completed around Fishburn, Shrine Hill, and Woodland Parks, and the Patrick Henry High School campus. The Route 419/Electric Road Greenway is proposed as an on-road bicycle/pedestrian facility that would run along Franklin Road from Electric Road to the Roanoke River. The US 220 Greenway would also be an off-road bicycle/pedestrian route that intersects with the Roanoke River. Schools and Libraries Fishburn Park Magnet Elementary School and James Madison Middle School are both on the same campus at Colonial Avenue and Overland Road. The north campus of Virginia Western Community College is adjacent to both of these schools, with the south campus on the opposite side of Colonial Avenue. Fishburn Park is an environmental education magnet school. The school has achieved full accreditation in the state's Standards of Learning (SOL) since 2000. James Madison Middle School is the first fully SOL-accredited middle school in the City of Roanoke, and has been fully accredited for four consecutive years. Virginia Western is a two-year institution of higher education with seven academic divisions operating under the statewide system of community colleges. The service region of the college includes Roanoke, Salem, Roanoke County, Craig County, southern Botetourt County, and northern Franklin County. Classes are also offered at off-campus locations in the area, including the Higher Education Center in downtown Roanoke. The college was established in 1966 and has grown from an initial enrollment of 1,352 students to its current enrollment of over 8,860 in the fall of 2002. The Downtown and Raleigh Court libraries are the branches nearest to the area. The Raleigh Court Library Branch features several monthly programs such as Preschool Storytime for ages 3 -5, which includes activities like stories, crafts, and fingerplays, and the Tuesday Night Book Club, which discusses books on a variety of topics. The Library also has the Friends of the Raleigh Court Branch 22 Library, a citizen group that plans fund raisers and provides support for library events. Quality of Life Issues . Maintaining both a high quality of life for residents and a concentration of commercial services · Improved access to recreational facilities Quality of Life Policies · Commercial/Industrial Development: Commercial and industrial development should be economically viable without threatening the environment and high quality of life of the area. . Recreation: Neighborhood and area parks should provide adequate recreational facilities for residents . Greenwavs: The greenway routes of the Roanoke Valley Conceptual Greenway Plan should be developed to enhance the quality of life in the area. Quality of Life Actions · Zonina: Establish commercial boundaries in the update of the zoning ordinance . Recreation: Maintain and enhance access to recreation resources · Greenwavs: Continue development of greenway routes in the area 23 Actions, Time Frames, Participants, and Potential Funding Year Actions 1 2 3 4 5 Ongoing Lead Potential Funding ARenCY Sources Zoning Changes . PBD Operating PBD BudQet Wonlu SI Extension" . VDOT VDOT Install curb, gutter, sidewalk and . VDOT, Tea-21, Bond, bike lanes on Colonial Avenue" VDOT PW caoilal account Evaluate Potential Improvements . on Colonial Avenue PW PW capital account Evaluate Potential Improvements . on Franklin Road PW PW capilal account Install curb, gutter, and sidewalk . Tea-21, Bond, PW on arterial streets PW capital account Establish neighborhood contact . persons with Neighborhood HNS, Services & Police Deoartment PD n/a Improve Fire/EMS Station . Fire/ GS Operating Budget Numbers 7 and 8 EMS Complete Murray Run Greenway . P&R Tea-21, P&R Operating Budget "Included in VDOT 6 year plan and fully funded, still subject to public review of design proposals ""Included in VDOT 6 year plan, but not funded Abbreviations: Fire/EMS = Department of Fire and Emergency & Medical Services GS = Department of General Services HNS = Department of Housing and Neighborhood Services P&R = Department of Parks and Recreation PBD = Planning Building and Development PD = Police Department PW = Department of Public Works VDOT = Virginia Department of Transportation 24 re t: ~ . 5 8. ~ t8 0 "iij Q) ~.~ .a- ~ ~ > Q) e ~ ~ ~ 0 <( C Q) (II C C ~ ~ ~ ~ ~ ~ ~ f ~ ~ ~ ] -@cu ~~ ~l6c U :!i*~~3~~ ~ ~ E ~ E ~ 8 Q ~ ~ ~ ~ ~ ~ ~ 8-5~~~1il~i: QOlf-EE'E~ ~~ ~~:_;_~_R~lliQliaa~~~~~ r:::...I~~1ll ii'.i~IIl:i"5,o~g-"8lOl"8>"'5o, ~ ! 0 ~ ~ $ ~ ~ ~ ~ ~ ~ & ~ ~ ~ ~ ~ ~ D~JIII.IDID.I.IDDDI .,.\ - l'G .- C o - o U - " l'G o It: c .- - ~ c l!! .... Q) III :>> " c l'G ... Q) .. :s .. :s .... ~ 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 02379199 Vision 2001-2020 NOTH:E /If l'fI'UC NfAIIIIc TO WHOM IT MAy CONCERN' Notice Is hereby i/Ven . ant to 11522 pUrsu_ Code of VI' . 204, of the amendeG, th':.n~~950), as 2020, the Cl1;y's Co 2001. siva Plan '"Prehen. amel'ided' Is PlOPOSed to be Iln to Include the Frank_ PI RoalVColonlal Avenue Area enas8ll'ele COmprehensive:::::: of SUCh ilCopy of the proPOSed Frank. PI RoaCVColonlal Avenue Area an to be Consldered . COtJnCI/i$ontllelniheb~ NOf the City Clerk, Room 456 oel C. Tayl ' Building. ~r MunicIpal A public hearing Will be held :;~re theCoUl'lCIl oftne CIty Oatloke on Mornta J 21, 2004, at 7'00 y, une SOOllthere8fter' P.m.,oras may be heard ItS the matter Chambers ~~ the Council MunJt.;lpai BUUdl~" TaYlor Church Avenue g,215 Roanoke \lirg/illa ' s.W., time cftl~ns of ~ ~~. Which be. BIven an "''J'shalf appear aodbe ~=~"~ to clfOllthesUbject f n- POSed amendment. 0 . thIs Pro- If yOu are a . ~blfily Whon:~~:1th a dIS. tlonsforthJshe 0fnm0cIa. contacttheCIf}o~'::sP/ease (853,2541), befb . Otnce nOOn On Th re 12:00 2004. UlSday, June 17, 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 __-L_]__day of June 2004. Witness my hand and official seal. ---. LJ ~C,.I.., -- ~-~~--_ ~o ary Public Mytcommissio~~i s -~~~J~~----_. GlVEN..1Inde 25th d- of r my hand thIs -~ May, 2004. (237~~r Parker, City Clerk. PUBLISHED ON: 06/04 06/11 TOTAL COST: FILED ON: 260.28 06/18/04 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - -... - - - - - - - - - -- ~~:~~~~;:~-~--~-~---_____, Billing Services Representative s~~~ NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given pursuant to 915.2-2204, 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 Franklin Road/Colonial Avenue Area Plan as an element of such Comprehensive Plan. A copy of the proposed Franklin Road/Colonial A venue Area Plan 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, June 21, 2004, 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, June 17, 2004. GIVEN under my hand this 25th day of May ,2004. Mary F. Parker, City Clerk. H:INOTlCESIN-AMENDCOMPREHENSIVEPLAN(FRANKLINCOLONIAL)062104.DOC Notice to Publisher: Publish in the Roanoke Times once on Friday, June 4,2004, and Friday, June 11,2004. Send bill and affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 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, May 20, 2004, at 1 :30 p.m., or as soon thereafter as the matter may be heard, in the Emergency Operations Center Conference Room, Room 159, first floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., to consider the following: Request to amend Vision 2001-2020, the City's comprehensive plan, to include the Franklin Road/Colonial A venue Area Plan. A copy ofthe 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, May 4 and 11, 2004 Please bill and send affidavit of publication to: Martha P. Franklin, Department of Planning Building and Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Roanoke, VA 24011 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk June 28, 2004 File #514 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 36751-062104 permanently vacating, discontinuing and closing that certain 32.5 square foot portion of a 15' alley located between 3'd and 4th Streets, S. W., adjacent to a parcel of land bearing Official Tax No. 1011306. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 21, 2004, and is in full force and effect upon its passage. Sincerely, () A ~ -J. r A.....-k Mary F. Parker, CMC City Clerk MFP:ew Attachment Darlene L. Burcham June 28, 2004 Page 2 pc: Jesse A. Hall, Director of Finance Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer R. Brian Townsend, Agent, City Planning Commission Robert B. Manetta, Chair, City Planning Commission, 2831 Stephenson Avenue, S. W., Roanoke, Virginia 24014 Martha P. Franklin, Secretary, City Planning Commission Edward R. Tucker, City Planner, II -6\\r\.\ ) S~\~ \ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36751-062104. 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, City of Roanoke 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 right-of-way described hereinafter; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by 930-14, 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; WHEREAS, a public hearing was held on such application by the City Council on June 21, 2004, after due and timely notice thereof as required bY930-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; 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 right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That certain 32.5 square foot portion ofa 15' alley between 3rd and 4th Streets, S.W., adjacent to a parcel ofland bearing Official Tax No. 1011306, be, and is hereby permanently vacated, discontinued and closed, and that all right 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 right-of-way, reserving however, to the City of Roanoke and any utility company or public authority, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sanitary 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 right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right 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 right-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 2 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 ofthe 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 ofthe Circuit Court ofthe 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 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. 3 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. ATTES^ ~ City Clerk. /p~ H:\QRDINANCES\O-STCLOSINO.coR062104.DQC 4 CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 "ax: (540) 853-1230 E-mail: planning@ci.roanoke.va.us Architectural Review Board Board of Zoning AJlpeals Planninl! Commission June 21, 2004 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 the City of Roanoke that a portion of a 15' alley adjacent to a parcel of land bearing Official Tax No. 1011306 be permanently vacated, discontinued and closed. Planning Commission Action: Planning Commission public hearing was held on Thursday, June 17, 2004, and the request was approved by a vote of 7-0. Background: The petitioner requests closure and vacation of an approximately 32.5 square foot portion of unimproved alley between 3" and 4th Streets, S.W. The petitioner owns the only adjoining parcel, Official Tax No.1 011306. Considerations: The subject portion of alley is surrounded by properties zoned C-3, Central Business District. A combination of office and institution al uses comprise the 300 blocks of Church and Campbell Avenues. The area is served by public utilities. Staff received comments from the Water Division of the Department of Public Works who advised that there is a sewer line in the alley. Staff received comments from American Electric Power (AEP), Verizon and Roanoke Gas, all of whom stated no objection to the request provided a utility easement is maintained. The petitioner plans to construct a concrete pad to support a dumpster that serves the Police Department's building at Official Tax NO.1 011306. The subject portion of alley is not improved. The width of the alley is approximately 15 feet with only 10 feet paved. The proposed vacation of, and subsequent construction in, the subject portion of alley will not limit or deny vehicular access to the alley. The petitioner has indicated that construction of the concrete pad will temporarily close the alley to through traffic. The petitioner has also stated that all vehicular use of the alley will be restored upon completion of construction. Staff received no comments in opposition to this request. Recom mendation: By a vote of 7-0, the Planning Commission recommended approval of the petitioner's request to vacate, discontinue and close the portion of alley, subject to the conditions listed below and not be charged for this portion of right-of-way. A. 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 all properties which would otherwise dispose of the land within 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. B. Upon meeting all other condit ions 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. C. 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. D. 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, a~.~~ Robert B. Manetta, Chairman Roanoke City Planning Commission attachment 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 . ~Oj ,,OJ ~" ~ CD o (V) T""" T""" o T""" g (V) T""" T""" o T""" I C') , I 10 ",!;'j'",'--idfiij I C") ~ ! I!;, , r' ': I '-' ' o C\l (V) T""" T""" o T""" 0) T""" (V) T""" T""" o T""" 00 T""" (V) T""" T""" o T""" "'" T""" (V) T""" T""" o T""" o c: X CO I- o - - c: Q) u CO .~ -C CO >- Q) <( '0 c: o 1:: o a.. '0 Q) .... :J l/) o () z l to o (V') ...... ...... o T"" ~ ::J is TI .9 '" t) t5 Q) 'i:: :c' 1i) ~ 0 <:: C> o <:: t "2 o 0 0.. N 10 P-l CIl " r, IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: APPLICATION OF THE CITY OF ) ROANOKE FOR VACATION OF A) PORTION OF AN ALLEY ) APPLICATION FOR VACATING, DISCONTINUING AND CLOSING A PORTION OF AN ALLEY MEMBERS OF CITY COUNCIL: (1) The City of Roanoke ("Petitioner") applies to have a portion of a public alley 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 public right-of-way is more particularly described on the attached map (Exhibit A) and as follows: A portion of a fifteen foot (15') alley adjacent to Tax Parcel 1011306 containing approximately 32.5 s.f., extending approximately 2.9' in a southerly direction from the property line. The total area is shown on Exhibit A and will be accurately defined on a plat of survey to be required as a condition of closure. (2) The adjacent property is owned by the City of Roanoke. Following closure of this portion of the alley, the City intends to install a concrete pad to support a dumpster for the new police facility. Closure of this portion of right-of-way will have no adverse effect on any property or owner. Vehicular traffic will be restored after completion of construction. (3) A list of the property owners whose lots border or abut the subject alley is attached as Exhibit B. WHEREFORE, the City of Roanoke respectfully requests that the above-described right- of-way be permanently vacated, discontinued and closed by the Council of the City of Roanoke in accordance with Sections 15.2-2006, and 15.2-2008, Code of Virginia, (1950), as amended, and Section 30-14, Code of the City of Roanoke (1979), as amended. Date: Lf /1/ t? r R peCtfUIlY! s. itted,_ e>4 .,~ Darlene L. Bu; h m City Manager \ ~ \ \ ~" ,'~ , , \ " \' , \ ~ \ \ ~ \ ~n "' ~ !Q:::'; \'l ~5 ;;'" '" '" ci -::~~ ""ra....'" " ",,,, :J ... '~~ 1;\~~ '< " ;5 fEe -~ <:3 \ ~ lOt ..... 00 -Ill '" ~~i "0 \J 5j!"!Z .... o..f;j~ " ~~ z '" "- " ~:E~ z o ::iiI' Z \ " , '" "-~15 '" '" ~ 0"" " ~g;i III Gl n III 0.. fi1 0.. ~ '" :: 8 ~ jl ~ '" ~ "' !S ~ c:j is ... ..... ,Q ..... ~ '3'':; ,~ 1138dl'lV3 ;:'--,0 ).1.~3dO~d /L601 NVld 3~ONVO~ j() ).1.1:) dVI'I303 Mil. >r 'l' .r 'rr L01 orlwl# XVL ,/ /,/ " " '" ~ (j ~ Q :;!:~g ~ it) f)!.q;;" "'C __tS ;::rbc3C~ ~l-a.. QI,()ll..o:::cc c(.) ~ 'I- .: ~ ~ ~ ~ ~ )(;9 .~~ ~ ~ ~ lX!a..a.. . ~ :i ~ ~ >- " '" "" zz tiS< i;jUf\~ ti ~ w 5 ~ " '" '" 0)-a..1.i..~ iO .-(().q;;o . :!4tI~>-~==~ - LLJI-F=l- <::n:::'OC:::VlUa:i ,lOUI.iJ<'<O ,<~",lSg~~ i5g:.:g:~ cd as c:i 1E 0: :i >- " '" \. \ \ \ "' ~ Ii v \ \ ,:J .'~ ) ~ ~ i I i 'li ... m - :E ~ ;:; l:i ~ en C> c z 5!: % 0 > II. - ... . C> ~ '" z 0 '" _ >~ 0 9 Z - >- ~ ::> ~ 0 lD ~ II< '" I ... 0'" 0 is 9 ~ 0.. ~ U C> ii E ~ ~ ~ ! J I 1 \ ~ J ~ ! ~ i 8 U; ! tll~ I I>! ih . \ m \ \v i~j @\ . Tax Number 1011306 LIST OF ADJACENT PROPERTY OWNERS Owner City of Roanoke Exhibit "B" Address 215 Church Avenue, SW Roanoke, VA 24011 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 02379239 15' alley 3rd &4th MOlICE OF PUBUC HWlNe I TO WHOM IT MAY CONCERN: The Council of the, City of ROl!lnoke will. hold a Public Hearing on Monday, June 21, 2004, at 7:00 p.m." or as soonthereafterasthernatter may be heard, In the Council Chamber In the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., on an application to parmanently abandon, vacate, discontinue and close, to the extent the City has any legal Interest in said public riglrt-of-way, ..the following public right-of-way: 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: That certain 32.5 square foot I portion of a ,15' alley betWeen i 3rd and 4th Streets, S.W., adja<:enttoaparcelofland bearing Official' Tax No. 1011306. City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this _~~__day of June 2004. Witness my hand and official seal. A copy of this proposal Is available for public Inspection In theOtfice of the OItyClerk, Room 456, Municipal Building. All partlel5 in irlterest may appear on the above daj:e and be heard on the questlon. ~. ~ ~' __ _~ _ _ _ __ N tary Public My f~ommi s i ;,"'f.!tp s ....:3-T..3-L~f.n..7------. If you are a Pllrson wtth adls- ability 'MIO neeCfs accommoda- tlonslortlllS publiC heartng, contact the City Clerk's Office, 1853-2541, by 12:00 noon on Thursday,June17,2004. GIVEN under my hand this 25th day of May, 2004. Mary F. Parker, City Clerk. (2379239) ______...;,o'~_ PUB~ISHED ON: 06/04 06/11 TOTAL COST, FILED ON: 236.18 06/18/04 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - -,.. - - - - - - - - - - -- ~~:~~~~;:~--_~_~__~__________, Billing Services Representative AV ~~~\f\ NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, Jillle 21, 2004, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the COilllcil Chamber in the Noel C. Taylor Milllicipal 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 said public right-of-way, the following public right-of-way: That certain 32.5 square foot portion ofa 15' alley between 3rd and 4th Streets, S.W., adjacent to a parcel ofland bearing Official Tax No. 1011306. A copy of this proposal is available for publJc 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 disabilJty who needs accommodations for this public hearing, contact the City Clerk's Office, 853-2541, by 12:00 noon on Thursday, Jillle 17,2004. GIVEN under my hand this 25th day of May ,2004. Mary F. Parker, City Clerk. H:\NOTICESIN-ST,CLOS-ALLEY3RD-4THST062104,DOC Notice to Publisher: Publish in the Roanoke Times once on Friday, June 4,2004, and Friday, June 11,2004. Send bill and affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 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, May 20, 2004, at I :30 p.m., or as soon thereafter as the matter may be heard, in the Emergency Operations Center Conference Room, Room 159, first floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., to consider the following: Request from the City of Roanoke that a portion of a 15' alley adj acent to a parcel of land bearing Official Tax No. 1011306 containing approximately 32.5s.f., extending approximately 2.9' in a southerly direction from the property line, 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, May 4 and 11,2004 Please bill: City Engineering Department Room 350, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-2731 Please send affidavit of publication to: Martha P. Franklin, Department of Planning Building and Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Roanoke, VA 24011 , ".... . ~~.. _.~. ."~~ . <c. ; .",. . '.. .- ~- ...u,i) ~ CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church A venue, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 EMmail: c1erk@cLroanoke.va.us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk MARY F. PARKER, CMC City Clerk April 2, 2004 File #514 Robert B. Manetta, Chair City Planning Commission 2831 Stephenson Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Manetta: 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 April 1 , 2004, from the City of Roanoke requesting that a portion of a 15-foot alley adjacent to Official Tax NO.1 011306, containing approximately 32.5 square feet, extending approximately 2.9 feet in a southerly direction from the property line, be permanently vacated, discontinued and closed. S^'-,jjJ~ Mary F. Parker, CMC City Clerk MFP:sm Enclosures N:\CKEW1\REZONINGS _ STREET ALLEY CLOSINGS O4IAf'RIUCITY OF ROANOKE (POlICE BUILOING).OOC ~~. --....~"'__~.".h__ ''''~'''' .... M "' ".... Robert B. Manetta April 2, 2004 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Darlene L. Burcham, City Manager Susan S. Lower, Acting Director, Real Estate Valuation Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer Sarah E. Fitton, Engineering Coordinator William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Edward R. Tucker, City Planner" . IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: APPLICATION OF THE CITY OF ) ROANOKE FOR VACATION OF A) PORTION OF AN ALLEY ) APPLICATION FOR VACATING, DISCONTINUING AND CLOSING A PORTION OF AN ALLEY MEMBERS OF CITY COUNCIL: (1) The City of Roanoke ("Petitioner") applies to have a portion of a public alley 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 public right-of-way is more particularly described on the attached map (Exhibit A) and as follows: A portion of a fifteen foot (15') alley adjacent to Tax Parcel 1011306 containing approximately 32.5 s.f., extending approximately 2.9' in a southerly direction from the property line. The total area is shown on Exhibit A and will be accurately defined on a plat of survey to be required as a condition of closure. (2) The adjacent property is owned by the City of Roanoke. Following closure of this portion of the alley, the City intends to install a concrete pad to support a dumpster for the new police facility. Closure of this portion of right-of-way will have no adverse effect on any property or owner. Vehicular traffic will be restored after completion of construction. (3) A list of the property owners whose lots border or abut the subject alley is attached as Exhibit B. WHEREFORE, the City of Roanoke respectfully requests that the above-described right- of-way be permanently vacated, discontinued and closed by the Council of the City of Roanoke in accordance with Sections 15.2-2006, and 15.2-2008, Code of Virginia, (1950), as amended, and Section 30-14, Code of the City of Roanoke (1979), as amended. Date: '-1/1/ tJ'f R~,,=,:Ctf~IIY,i'~ ,it!ed, " ~~l~ . ivu."L-,,-J Darlene L. BUl'(;h m City Manager \ ~ \ \ \ ~ \ \ ~ \ \i:Ei' ~:r~ "' :s ~:s :g ~~ ..' i!O'" ~ ~C3 ~ ci C> ",,,, ~~~ci ...&~ B~~ ><", '" ~ o..~ -~ <3 \ ~ ~t "'. co ~en1:'i ~ o~!I '" 5i'''lz '" ~~ o.~~ u i"~ z \, '" . , g!'" "" \;i ',.-! '" ~::E~ Z en 0::1. Z \ U I '" ,,"~l!; '" '" \ 0"" U en 1:'ill;~ c !1i[!'ii! '" en 0. :i1 0. , . 8 ~ jl ;.., ~ ;., ~ / .. " ~ l'l! ~ ... ..... i:i ,.Q ..... ~ \ /" p:;l- ,:!.JY'id 113edY1V~ ;0 iJ.~3dO~d / """"-L601 NV1d 3~ONVO~ ;0 iJ./J /' dVY1 30J MM ~r 'i' tr 'rr lOl antol' XVl '-' '" '" ~ (j ~ o ~lL.U::2:: LO 0;;".{ r-... oC- ~1. C3 w-<.S _.,,-,1::,,, ",~n. Clll')o..Q;:O:l 0(.) . ~q-..:~~ ~~~ ),;:-0 oCl::: aj:::;l.O :<(-.lctiO::::~ Cl::: - f-,.: ~a... l&.. cti :J: 0 c:i >- C> '" '-'''' zz !;i'" Buno. (j ;;:; ..., ~ '" '" '" " Ol-o.l....:es lr; ......l.O.q;:ClC!l . ~~~~~:::a: 0041 (J ~l.OOe:iV).q;:oS ..... <':>0...<'30-0 :>.:::l:2:t=.oci=:~ ~03:E2:~ . -J as ~ ~ ;:: "' '" '!i >- ~ \ \ \ n "'0. \ \ ~~ .,---- ~t1q ::J~~ ~o;r; fiio -~~ 1;j ~ <l: \ @\ ~ '" B ,.J 'I ~ . . ~ i I; - 'l; 0- iD = :E ~ )( % ... ... (; UI ~ Z '" :z: 0 :> Il. ~ " "j u '" z ~ 0 9 z .. :5 >- 0 lD ~ '" ... I ... u ... 0 :J 0 0 I ~ 0- Il. :z: U " ii: ~ ~ ~ ~ ! II 1 \ ~ ~ ~ ~ ~ i 8 U; I tll~ ! I>! lih Tax Number 1011306 LIST OF ADJACENT PROPERTY OWNERS Owner City of Roanoke Exhibit "8" Address 215 Church Avenue, SW Roanoke, VA 24011 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk June 24, 2004 File #60-467 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 36752-062104 appropriating an additional $4,049,545.00 approved by the General Assembly, decreasing funding from the City, and amending and reordaining certain sections of the 2004-2005 School Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 21, 2004, and is in full force and effect upon its passage. Si7tY,~ ) fL- Mary F. Parker, CMC City Clerk MFP:ew Attachment Jesse A. Hall June 28, 2004 Page 2 pc: Darlene L. Burcham, City Manager Gloria P. Manns, Chair, Roanoke City School Board, 1727 Staunton Avenue, N. W., Roanoke, Virginia 24017 Cindy H. Lee, Clerk, Roanoke City School Board, P. O. Box 13145, Roanoke, Virginia 24031 Sherman M. Stovall, Director, Office of Management and Budget ~'0~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of June, 2004. No. 36752-062104. AN ORDINANCE to appropriate funding approved by the General Assembly and to decrease the funding from the City, amending and reordaining certain sections of the 2004-2005 School 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 the following sections of the 2004-2005 School Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Instructions Administrative Services Attendance & Health Services Transportation Services Operation & Maintenance of Plant Capital Outlay Debt Services Revenues Grants-in-Aid Commonwealth State Sales Tax (ADM) Transfer from General Fund $ 2,444,090 246,820 114,788 144,823 316,464 382,560 400,000 3,022,732 1,231,568 (204,755) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. A~J.L City Clerk. t~1 Gloria P. Manns, Chairman Ruth C. Willson, Vice Chairman William H. Lindsey Alvin L. Nash Robert J. Sparrow Kathy G. Stockburger David B. Trinkle, M.D. E. Wayne Harris, Ed.D., Superintendent Cindy H. Lee, Clerk of the Board Roanol'\e City Schooll3oard P.O. Box 13145, Roanoke, Virginia 24031 . 540-853-2381 . Fax: 540-853-2951 June 21, 2004 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 May 27, the Board respectfully requests City Council to approve the supplemental appropriation request of $4,049,545.00 in State funds approved by the General Assembly. The increase in the State revenue categories are the result of actions taken by the Virginia General Assembly subsequent to the passage of the City and School budgets by City Council. The additional funds will be used to provide for the payment of Comprehensive Services Act costs, the addition of 31.0 full-time equivalent positions, the addition of seven pre-school classes, the implementation of funds for discipline/safety, an increase in the capital project debt reserve, the increase of employee health insurance premiums, and an increase of 2.0% in the employee salary pay scales. Thank you for your approval of this request, Sincerely, . ~.~ Cindy H. L ,Clerk re 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 Mr, Paul Workman (with accounting details) Discovering the Weolth in All Children . CITY OF ROANOKE DEPARlMENT 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 JESSE A. HALL Director of Finance email: jesse_halJ@ci.roanoke.va.us ANN H. SHAWVER Deputy Director email: ann_shawver@ci.roanoke.va.us June 21,2004 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: As the resuit of official Schooi Board action at its meeting on May 27, the Board respectfully requests City Council to approve the suppiemental appropriation request of $4,049,545.00 in State funds approved by the General Assembly. The increase in the State revenue categories are the result of actions taken by the Virginia General Assembly subsequent to the adoption of the City and School budgets by City Council. The additional funds will be used to provide for the payment of Comprehensive Services Act costs, the addition of 31.0 full-time equivalent positions, the addition of seven pre-school classes, the implementation of funds for discipline/safety, an increase in the capital project and debt reserve, the increase of employee health insurance premiums, and an increase of 2.0% in the employee salary pay scales. The salary increase brings the raises for teachers and administrators from 3.0% to 5.0% and classified employees from 3.25% to 5.25%. We recommend that you concur with this report of the School Board and adopt the attached budget ordinance. Sincerely, q~4~ Jesse A. Hall Director of Finance JAH/ctg Attachment c: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Mary F. Parker, City Clerk E. Wayne Harris, Superintendent of City Schools Sherman M. Stovall, Director of Management and Budget The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - - - - -- FRANK BARATTA CITY OF ROANOKE MGMT & BUDGET 215 CHURCH AVE ROOM 354 ROANOKE VA 24011 REFERENCE: 10162983 02384634 PUBLIC HEARING 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: I I I I I I I I I I I I I I I I I I I TOTAL COST: 349.62 I FILED ON: 06/18/04 I ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - ~ - - - - - - - - - -- City/County of Roanoke, Commonwealth/State of Vitt5ia. Sworn and subscribed before me this -- ~__day of June 2004. Witness my hand and of ic~al seal. ,,---;& ~~ -- ~-- -- - _ Notary Public Myfcommi s O~~I es _~ ~J-{)-:?-----_. PUBLISHED ON: 06/12 Authori zed C\ \ Signature:____~-~~\~~~ , Billing Services Representative NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will consider a proposal to adjuSt the aggregate amounf,~f!he FY 2004-2005 School Fund Budget 'in the following respects, in ~oa with appropriation.of additional 'funding from theCommonwealtb of Virginia: FUND School and School Food Services Fund ADOPTED ~GET $117,959,149 RECOMMENDED INCREASE $4,049,545 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, June 21,2004, at 7:00 p.m., local time, or as soon thereafter as the matter may be heard, in~ C~1JIllf~l Chambers, Room 450, Noel C. Taylor Municipal Building, 21'5) t~Qh;h Avenue,. SW, Roanoke, Virginia. For further information on these matters, you may contact the Office of the City Clerk at (540) 835-2541. 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, pleaae contact the City Clerk's Office at (540) 853-2541 before 12:90 noon on Thursday, June 17,.2004. GIVEN under my hand this 12th day of June, 2004. Mary F. Parker, City Clerk. \)~~ NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will consider a proposal to adjust the aggregate amount of the FY 2004-2005 School Fund Budget in the following respects, in connection with appropriation of additional funding from the Commonwealth of Virginia: FUND ADOPTED BUDGET RECOMMENDED INCREASE School and School Food Services Fund $117,959,149 $4,049,545 Pursuant to the requirements of 915.2-2507, 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, June 21, 2004, 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 Sherman M. Stovall, Department of Management and Budget (540) 853-6802. 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, June 17,2004. GIVEN under my hand this 12th day of June, 2004. Mary F. Parker, City Clerk. Please publish the attached as a display ad to appear for one day, Saturday, June 12, 2004. 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: Vickie Tregubov (540) 853-6403 (540) 853-2773 fax Vickie_ Tregubov@cLroanoke.va.us CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk June 28, 2004 File #53-60-217 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance 36755-062104 appropriating funds from escrow restructuring savings to the Financial Application Replacement Project, and amending and reordaining certain sections of the 2004-2005 General and Department of Technology Funds Appropriations. The above referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 21, 2004, and is in full force and effect upon its passage. SA'~ J.~' Mary F. Parker, CMC City Clerk MFP:ew Attachment Jesse A. Hall June 28, 2004 Page 2 pc: The Honorable Evelyn W. Powers, City Treasurer Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Office of Management and Budget John A. Elie, Director of Technology George C. Snead, Jr., Assistant City Manager for Operations ~s 'f IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of June, 2004. No. 36755-062104. AN ORDINANCE to appropriate funding from the escrow restructuring savings to the Financial Application Replacement Project, amending and reordaining certain sections of the 2004-2005 General and Department of Technology 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 the following sections of the 2004-2005 General and Department of Technology Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Transfer to Department of Technology Fund Transfer to Debt Service Fund 001-250-9310-9513 001-250-9310-9512 $ 196,950 (196,950) Department of Technoloav Fund Appropriations Appropriated from General Revenue Revenues Transfer from General Fund 013-430-9865-9003 196,950 013-110-1234-1037 196,950 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. A~ "^^-. J L City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk June 28, 2004 File #53-60-217 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 36754-062104 appropriating funds to be provided by Series 2005 Bonds to various capital projects, and amending and reordaining certain sections of the 2003-2004 Civic Facilities, Parking, Capital Projects and Department of Technology Funds Appropriations. The abovereferenced measure was adopted by the Council ofthe City of Roanoke at a regular meeting which was held on Monday, June 21, 2004, and is in full force and effect upon its passage. Sincerely, /) ~ ~ J 1~J._~ Mary F. Parker, CMC City Clerk MFP:ew Attachment Jesse A. Hall June 28 2004 Page 2 pc: The Honorable Evelyn W. Powers, City Treasurer Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Office of Management and Budget y.,) 'f IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of June, 2004. No. 36754-062104. AN ORDINANCE to appropriate funding to be provided by the Series 2005 Bonds to various capital projects, amending and reordaining certain sections of the 2003-2004 Civic Facilities, Parking, Capital Projects and Department of Technology 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 the following sections of the 2003-2004 Civic Facilities, Parking, Capital Projects and Department of Technology Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Civic Facilities Fund Appropriations Appropriated from 2005 Bond Funds Civic Facilities Expansion/Renovation Parkina Fund Appropriations Appropriated from 2005 Bond Funds Downtown West Parking Garage Capital Proiects Fund Appropriations Appropriated from 2005 Bond Funds Appropriated from 2005 Bond Funds Police Building Phase II Fire-EMS Facilities Department of Technoloav Fund Appropriations Appropriated from General Revenue Revenues Transfer from Debt Service Fund 005-550-8616-9169 $ 005-550-8620-9198 007 -540-8252-9169 007 -540-8254-9197 008-530-9567-9169 008-530-9678-9169 008-530-9820-9825 008-530-9820-9830 013-430-9865-9003 013-110-1234-1193 2,300,000 (2,300,000) 600,000 (600,000) 6,670,000 600,000 (6,670,000) (600,000) 470,000 470,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~ f\ ~ .J. {/Ov, t...- ~ City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk June 25, 2004 File #27-53-468 The Honorable Brenda S. Hamilton Clerk of Circuit Court Roanoke, Virginia Dear Ms. Hamilton: I am attaching a certified copy of Resolution No. 36753-062104 authorizing issuance of $22,350,000.00 principal amount of General Obligation Public Improvement Bonds of the City of Roanoke for various capital improvement and capital equipment projects of the City of Roanoke. Pursuant to provisions of Section 12 of Resolution No. 36753-062104, I am required to file a certified copy with the Circuit Court of the City of Roanoke, Virginia, in accordance with Section 15.2-2607, 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, June 21, 2004. SAY~ j~ Mary F. Parker, CMC City Clerk MFP:ew Attachment The Honorable Brenda S. Hamilton Page 2 June 25, 2004 pc: Donald G. Gurney, Esquire, Hawkins, Delafield & Wood, LLP 67 Wall Street, New York, New York 10005 The Honorable Evelyn W. Powers, City Treasurer Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget ~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of June, 2004. No. 36753-062104. A RESOLUTION AUTHORIZING THE ISSUANCE OF TWENTY-TWO MILLION THREE HUNDRED FIFTY THOUSAND DOLLARS ($22,350,000) PRINCIPAL AMOUNT OF GENERAL OBLIGATIONS OF THE CITY OF ROANOKE, VIRGINIA, IN THE FORM OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS OF SUCH CITY, OR THE REALLOCATION OF THE PROCEEDS OF GENERAL OBLIGATION PUBLIC IMPROVEMENT REFUNDING BONDS HERETOFORE ISSUED BY THE CITY, FOR THE PURPOSE OF PROVIDING FUNDS TO PAY THE COSTS OF THE ACQUISITION, CONSTRUCTION, RECONSTRUCTION, IMPROVEMENT, EXTENSION, ENLARGEMENT AND EQUIPPING OF vARIOUS CAPITAL IMPROVEMENT PROJECTS AND THE ACQUISITION AND INSTALLATION OF VARIOUS CAPITAL EQUIPMENT PROJECTS OF AND FOR SUCH CITY; FIXING THE FORM, DENOMINATION AND CERTAIN OTHER DETAILS OF SUCH BONDS; PROVIDING FOR THE SALE OF SUCH BONDS; AUTHORIZING THE PREPARATION OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT RELATING TO SUCH BONDS AND THE DISTRIBUTION THEREOF AND THE EXECUTION OF A CERTIFICATE RELATING TO SUCH OFFICIAL STATEMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE CERTIFICATE RELATING TO SUCH BONDS; AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SALE OF A LIKE PRINCIPAL AMOUNT OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE AND SALE OF SUCH BONDS; DELEGATING TO THE CITY MANAGER AND THE DIRECTOR OF FINANCE CERTAIN POWERS WITH RESPECT TO THE SALE AND DETERMINATION OF THE DETAILS OF SUCH BONDS AND NOTES; AND OTHERWISE PROVIDING WITH RESPECT TO THE ISSUANCE, SALE AND DELIVERY OF SUCH BONDS AND NOTES WHEREAS, in the judgment of the Council (the "Council") of the City of Roanoke, Virginia (the "City"), it is desirable to authorize the City to contract a debt and to authorize the issuance of $22,350,000 principal amount of general obligations of the City, in the form of General Obligation Public Improvement Bonds of the City, or the reallocation of the proceeds of General Obligation Public Improvement Refunding Bonds heretofore issued by the City, for the purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various capital improvement projects and the acquisition and installation of various capital equipment projects of and for the City and to authorize the issuance of a like principal amount of General Obligation Public Improvement Bond Anticipation Notes in anticipation of the issuance of such Bonds; 452244.1 026378 RES NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: SECTION 1. (a) (i) Pursuant to Chapter 26 of Title 15.2 of the Code of Virginia, 1950, the same being the Public Finance Act of 1991 (the "Public Finance Act of 1991 "), for the purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various capital improvement projects of and for the City set forth in Section 7, the City is authorized to contract a debt and to issue $21,880,000 principal amount of general obligation bonds of the City to be designated and known as the "City of Roanoke, Virginia, General Obligation Public Improvement Bonds" (referred to herein as the "Bonds"). (ii) Pursuant to the Public Finance Act of 1991, for the purpose of providing funds to pay the costs of the acquisition and installation of various capital equipment projects of and for the City, the City is authorized to contract a debt in the form of the reallocation of $470,000 of the proceeds of sale of the City of Roanoke, Virginia, General Obligation Public Improvement Refunding Bonds, Series 2004, dated February 1, 2004 (the "Series 2004 Refunding Bonds") issued by the City on February 25, 2004, such proceeds of sale being available for such purpose as a result of the restructuring of the advance refunding escrow created and established from the proceeds of sale of the Series 2004 Refunding Bonds and other moneys of the City. (b) The Bonds shall be issued and sold in their entirety at one time, or from time to time in part in series, as shall be determined by the Director of Finance. There shall be added to the designation of the Bonds a series designation determined by the Director of Finance. The Bonds shall be issued in fully registered form in the denomination of $5,000 each or any whole multiple thereof. The Bonds of a given series shall be numbered from No. R-I upwards in order of issuance. The Bonds shall bear interest from their date payable on such date and semiannually thereafter as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. The Bonds of each series shall be issued in such aggregate principal amounts (not exceeding the aggregate principal amount specified in Section I(a)); and shall mature on such dates and in such years (but in no event exceeding forty (40) years from their date or dates), and in the principal amount in each such year, as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. Interest on the Bonds shall be calculated on the basis of a three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months. (c) The Bonds (or portions thereof in instalIments of $5,000) shall be subject to redemption at the option of the City prior to their stated maturities, in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment of such redemption prices (expressed as a percentage of the principal amount of the Bonds to be redeemed), together with the interest accrued thereon to the date fixed for the - 2- 452244.1026378 RES redemption thereof, as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. (d) (i) If any Bond (or any portion of the principal amount thereof in installments of $5,000) shall be called for redemption, notice of the redemption thereof, specifying the date, number and maturity of such Bond, the date and place or places fixed for its redemption, the premium, if any, payable upon such redemption, and if less than the entire principal amount of such Bond is to be redeemed, that such Bond must be surrendered in exchange for the principal amount thereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount thereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the registered owner thereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty-fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of any Bond shall have been given as aforesaid, and payment of the principal amount of such Bond (or the portion of the principal amount thereof to be redeemed) and of the accrued interest and premium, if any, payable upon such redemption shall have been duly made or provided for, interest thereon shall cease to accrue from and after the date so specified for the redemption thereof. (ii) So long as the Bonds are in book-entry only form, any notice of redemption shall be given only to The Depository Trust Company, New York, New York ("DTC"), or to its nominee. The City shall not be responsible for providing any beneficial owner ofthe Bonds any notice of redemption. SECTION 2. The full faith and credit of the City shall be and is irrevocably pledged to the punctual payment of the principal of and premium, if any, and interest on the Bonds as the same become due. In each year while the Bonds, or any of them, are outstanding and unpaid, the Council shall be authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all taxable property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the principal of and premium, if any, and interest on the Bonds to the extent other funds of the City are not lawfully available and appropriated for such purpose. SECTION 3. (a) The Bonds shall be executed, for and on behalf of the City, by the manual or facsimile signatures of the Mayor and City Treasurer and shall have a facsimile of the corporate seal of the City imprinted thereon, attested by the manual or facsimile signature of the City Clerk. (b) The Director of Finance is hereby authorized to appoint a Registrar and Paying Agent for the Bonds (the "Registrar"). (c) The Director of Finance shall direct the Registrar to authenticate the Bonds and no Bond shall be valid or obligatory for any purpose unless and until the certificate of authentication endorsed on each Bond shall have been manually executed by an authorized - 3 - 452244.1 026378 RES signatory of the Registrar. Upon the authentication of any Bonds the Registrar shall insert in the certificate of authentication the date as of which such Bonds are authenticated as follows: (i) if a Bond is authenticated prior to the first interest payment date, the certificate shall be dated as of the date of the initial issuance and delivery of the Bonds of the series of Bonds of which such Bond is one, (ii) if a Bond is authenticated upon an interest payment date, the certificate shall be dated as of such interest payment date, (iii) if a Bond is authenticated after the fifteenth (15th) day of the calendar month next preceding an interest payment date and prior to such interest payment date, the certificate shall be dated as of such interest payment date and (iv) in all other instances the certificate shall be dated as of the interest payment date next preceding the date upon which the Bond is authenticated. In the event the Bonds of any series shall be dated as of a date other than the first day of a calendar month or the dates on which interest is payable on such series are other than the first days of calendar months, the provisions of this Section 3(c) with regard to the authentication of such Bonds and of Section 9 with regard to the form of such Bonds shall be modified as the Director of Finance shall determine to be necessary or appropriate. (d) The execution and authentication of the Bonds in the manner set forth above is adopted as a due and sufficient authentication of the Bonds. SECTION 4. (a) The principal of and premium, if any, on the Bonds shall be payable in such coin or currency of the United States of America as at the respective dates of payment thereof is legal tender for public and private debts at the office of the Registrar. Interest on the Bonds shall be payable by check mailed by the Registrar to the registered owners of such Bonds at their respective addresses as such addresses appear on the books of registry kept pursuant to this Section 4; provided, however, that so long as the Bonds are in book-entry form and registered in the name of Cede & Co., as nominee of DTC, or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, interest on the Bonds shall be paid directly to Cede & Co. or such other nominee ofDTC by wire transfer. (b) At all times during which any Bond of any series remains outstanding and unpaid, the Registrar for such series shall keep or cause to be kept at its office books of registry for the registration, exchange and transfer of Bonds of such series. Upon presentation at its office for such purpose the Registrar, under such reasonable regulations as it may prescribe, shall register, exchange or transfer, or cause to be registered, exchanged or transferred, on the books of registry the Bonds as hereinbefore set forth. (c) The books of registry shall at all times be open for inspection by the City or any duly authorized officer thereof. (d) Any Bond may be exchanged at the office of the Registrar for such series of Bonds for a like aggregate principal amount of such Bonds in other authorized principal sums of the same series, interest rate and maturity. (e) Any Bond of any series may, in accordance with its terms, be transferred upon the books of registry by the person in whose name it is registered, in person or by his duly -4- 452244.1026378 RES authorized attorney, upon surrender of such Bond to the Registrar for cancellation, accompanied by a written instrument of transfer duly executed by the registered owner in person or by his duly authorized attorney, in form satisfactory to the Registrar. (f) All transfers or exchanges pursuant to this Section 4 shall be made without expense to the registered owners of such Bonds, except as otherwise herein provided, and except that the Registrar for such series of Bonds shall require the payment by the registered owner of the Bond requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. All Bonds surrendered pursuant to this Section 4 shall be cancelled. (g) (i) The Bonds shall be issued in full book-entry form. One Bond representing each maturity of the Bonds will be issued to and registered in the name of Cede & Co., as nominee of DTC, as registered owner of the Bonds, and each such Bond will be immobilized in the custody of DTC. DTC will act as securities depository for the Bonds. Individual purchases will be made in book-entry form only, in the principal amount of $5,000 or any whole multiple thereof. Purchasers will not receive physical delivery of certificates representing their interest in the Bonds purchased. (ii) Principal, premium, if any, and interest payments on the Bonds will be made by the Registrar to DTC or its nominee, Cede & Co., as registered owner of the Bonds, which will in turn remit such payments to the DTC participants for subsequent disbursal to the beneficial owners of the Bonds. Transfers of principal, premium, if any, and interest payments to DTC participants will be the responsibility of DTC. Transfers of such payments to beneficial owners of the Bonds by DTC participants will be the responsibility of such participants and other nominees of such beneficial owners. Transfers of ownership interests in the Bonds will be accomplished by book entries made by DTC and, in turn, by the DTC participants who act on behalf of the indirect participants of DTC and the beneficial owners of the Bonds. (iii) The City will not be responsible or liable for sending transaction statements or for maintaining, supervising or reviewing records maintained by DTC, its participants or persons acting through such participants or for transmitting payments to, communicating with, notifying, or otherwise dealing with any beneficial owner of the Bonds. SECTION 5. (a) CUSIP identification numbers may be printed on the Bonds, but no such number shall constitute a part of the contract evidenced by the particular Bond upon which it is printed; no liability shall attach to the City or any officer or agent thereof (including any paying agent for the Bonds) by reason of such numbers or any use made thereof (including any use thereof made by the City, any such officer or any such agent) or by reason of any inaccuracy, error or omission with respect thereto or in such use; and any inaccuracy, error or omission with respect to such numbers shall not constitute cause for failure or refusal by the successful bidder to accept delivery of and pay for the Bonds in accordance with the terms of its bid. All expenses in connection with the assignment and printing of CUSIP numbers on the Bonds shall be paid by the City; provided, however, that the CUSIP Service Bureau charge for the assignment of such numbers shall be the responsibility of the successful bidder for the Bonds. - 5 - 452244.1026378 RES (b) A copy of the final legal opinion with respect to the Bonds, with the name of the attorney or attorneys rendering the same, together with a certification of the City Clerk, executed by a facsimile signature of that officer, to the effect that such copy is a true and complete copy (except for letterhead and date) of the legal opinion which was dated as of the date of delivery of and payment for the Bonds, may be printed on the Bonds. SECTION 6. The City covenants and agrees to comply with the provisions of Sections 103 and 141-150 of the Internal Revenue Code of 1986 and the applicable Treasury Regulations promulgated thereunder throughout the term of the Bonds. SECTION 7. The proceeds of the sale of the Bonds shall be applied to the payment of the cost of the following capital improvement projects of and for the City in substantially the following respective amounts: Purpose Amount Public Building Capital Improvement Projects Public School Capital Improvement Projects Public Parking Facilities $11,105,000 8,775,000 2.000.000 $21,880,000 If any project set forth above shall require less than the entire respective amount so set forth, the difference may be applied to any of the other projects so set forth. _ SECTION 8. (a) The Bonds shall be sold at negotiated or competitive sale on such date or dates and at such price or prices as shall be determined by the City Manager and the Director of Finance. In the event it is determined that the Bonds shall be sold at competitive sale, the Director of Finance is hereby authorized to prepare or cause to be prepared a Summary Notice of Sale of the Bonds and to cause such Summary Notice of Sale to be published in The Bond Buyer, a financial journal published in the City of New York, New York, and to prepare or cause to be prepared and distributed a Preliminary Official Statement and a Detailed Notice of Sale relating to the Bonds. In preparing the Detailed Notice of Sale relating to the Bonds, the Director of Finance is hereby authorized to provide that bids for the purchase of the Bonds may be received by electronic bidding. The City Manager and the Director of Finance (i) are hereby authorized to determine the dated date of the Bonds of each series, the dates the Bonds of each series shall mature, the dates on which interest on the Bonds shall be payable, the aggregate principal amount of the Bonds of each series and the principal amount of the Bonds of each series maturing in each year and (ii), in the event it is determined that the Bonds shall be sold at competitive sale, are hereby further authorized to receive bids for the purchase of the Bonds of each series and, without further action of this Council, to accept the bid offering to purchase the Bonds of each series at the lowest true interest cost to the City; provided, however, in no event shall the true interest cost with respect to the Bonds of any series exceed seven percent (7.00%). The City Manager and the Director of Finance are further authorized to fix the rates of interest to be borne by the Bonds of each maturity of each series as specified in the bid accepted by them in accordance with the immediately preceding sentence. The City Manager and the Director of - 6 - 452244.1026378 RES Finance are hereby authorized to determine the provisions relating to the redemption of the Bonds upon the advice of the City's financial advisor; provided, however, in no event shall any redemption premium payable by the City exceed two percent (2.00%). (b) The Mayor is hereby authorized and directed to execute and deliver to the purchasers of the Bonds an Official Statement of the City relating to the Bonds, in substantially the form of the Preliminary Official Statement relating to the Bonds, after the same has been completed by the insertion of the maturities, interest rates and other details of the Bonds and by making such other insertions, changes or corrections as the Mayor, based on the advice of the City's financial advisors and legal counsel (including the City Attorney and Bond Counsel), deems necessary or appropriate; and this Council hereby authorizes the Official Statement and the infonnation contained therein to be used by the purchasers in connection with the sale of the Bonds. The Preliminary Official Statement is "deemed final" for purposes of Rule 15c2-12 promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934 ("Rule 15c2-12"). The City Manager and the Director of Finance are hereby authorized and directed to execute on behalf of the City and deliver to the purchasers a certificate in substantially the form to be included in the Official Statement under the caption "Certificate Concerning Official Statement". (c) The City Manager and the Director of Finance are hereby authorized to execute and deliver to the purchasers of the Bonds a Continuing Disclosure Certificate relating to the Bonds evidencing the City's undertaking to comply with the continuing disclosure requirements of Paragraph (b)(5) of Rule 15c2-12 in such fonn as shall be approved by the City Manager and the Director of Finance upon advice of counsel (including the City Attorney and Bond Counsel), such approval to be conclusively evidenced by their execution thereof. (d) All actions and proceedings heretofore taken by this Council, the City Manager, the Director of Finance and the other officers, employees, agents and attorneys of and for the City in connection with the issuance and sale of the Bonds are hereby ratified and confirmed. SECTION 9. The Bonds, the certificate of authentication of the Registrar, and the assignment endorsed on the Bonds, shall be in substantially the forms set forth in Exhibit A attached hereto. SECTION 10. General obligation public improvement bond anticipation notes (the "Notes") are authorized for issuance and sale by the City Manager and the Director of Finance in anticipation of the issuance of the general obligation bonds authorized for issuance herein. Such Notes shall be sold at competitive or negotiated sale at such price or prices and on such other terms and conditions as shall be determined by the City Manager and the Director of Finance. The City Manager and the Director of Finance (i) are hereby authorized to detennine the dated date of the Notes of each series, the dates the Notes of each series shall mature, the dates on which interest on the Notes shall be payable, the aggregate principal amount of the Notes of each series and the principal amount of the Notes of each series maturing in each year and (ii) are hereby further authorized to receive bids for the purchase of the Notes of each series - 7 - 452244.1026378 RES if sold at competitive sale or proposals for the purchase of the Notes of each series if sold at negotiated sale and, without further action of this Council, to accept the bid or proposal offering to purchase the Notes of each series at the lowest true interest cost to the City; provided, however, in no event shall the true interest cost with respect to the Notes of any series exceed six percent (6.00%). The City Manager and the Director of Finance are further authorized to fix the rates of interest to be borne by the Notes of each maturity of each series as specified in the bid or proposal accepted by them in accordance with the immediately preceding sentence. The City Manager and the Director of Finance are hereby authorized to determine the provisions relating to the redemption of the Notes hereof upon the advice of the City's financial advisor; provided, however, in no event shall any redemption premium payable by the City exceed two percent (2.00%). If such Notes are offered for competitive sale, a Detailed Notice of Sale or Summary Notice of Sale shall be prepared, published and distributed in accordance with the requirements of Section 8. If such Notes are publicly offered, there may also be prepared and distributed a Preliminary Official Statement and a final Official Statement relating to such Notes in such form as shall be approved by the Director of Finance. The issuance and details of such Notes shall be governed by the provisions of Section ]5.2-2628 of TitJe ]5.2, Chapter 26, Article 2 of the Code of Virginia, ]950. The provisions of Sections 2 and 6 shall apply to such Notes to the same extent the same apply to the Bonds except, in the case of the provisions of Section 2, only to the extent such Notes are not paid from the proceeds of the Bonds or from any other available funds. Bonds in anticipation of which such Notes are issued pursuant to this Section 10 may be issued and sold in accordance with the provisions of this Resolution at any time within five (5) years of the date of issuance ofthe first Notes issued in anticipation of such Bonds. SECTION 11. The Council hereby authorizes the City to make expenditures for the purpose for which the Bonds are to be issued in advance of the issuance and receipt of the proceeds of the Bonds and to reimburse such expenditures from the proceeds of the Bonds. The adoption of this Resolution shall be considered an "official intent" within the meaning of Treasury Regulation Section] .150-2 promulgated under the Internal Revenue Code of 1986. SECTION ]2. The City Clerk is hereby directed to file a copy of this Resolution, certified by such City Clerk to be a true copy hereof, with the Circuit Court of the City of Roanoke, Virginia, all in accordance with Section 15.2-2607 ofthe Code of Virginia, 1950. SECTION 13. All ordinances, resolutions and proceedings in conflict herewith are, to the extent of such conflict, repealed. iH"" ("r-' .. n .. f 1:r~ dty Clerk . ... ATT~: /) v ~ ~ 1. rcJvJ._~ City Clerk. - 8 - 452244.1 026378 RES EXHIBIT A UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND SERIES REGISTERED No. R-_ REGISTERED $ MATURITY DATE: INTEREST RATE: DATE OF BOND: CUSIP NO.: REGISTERED OWNER: CEDE & CO. PRINCIPAL SUM: DOLLARS KNOW ALL MEN BY THESE PRESENTS, that the City of Roanoke, in the Commonwealth of Virginia (the "City"), for value received, acknowledges itself indebted and hereby promises to pay to the Registered Owner (named above), or registered assigns, on the Maturity Date (specified above) (unless this Bond shall be subject to prior redemption and shall have been duly called for previous redemption and payment of the redemption price duly made or provided for), the Principal Sum (specified above), and to pay interest on such Principal Sum on and semiannually on each and thereafter (each such date is hereinafter referred to as an "interest payment date"), from the date hereof or from the interest payment date next preceding the date of authentication hereof to which interest shall have been paid, unless such date of authentication is an interest payment date, in which case from such interest payment date, or unless such date of authentication is within the period from the sixteenth (16th) day to the last day of the calendar month next preceding the following interest payment date, in which case from such following interest payment date, such interest to be paid until the maturity or redemption hereof at the Interest Rate (specified above) per annum, by check mailed by the Paying Agent hereinafter mentioned to the Registered Owner in whose name this Bond is registered upon the books of registry, as of the close of business on the fifteenth (15th) day (whether or not a business day) of the calendar month next preceding each interest payment date; provided, however, that so long as this Bond is in book-entry only form and registered in the name of Cede & Co., as nominee of The Depository Trust Company ("DTC"), or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, interest on this Bond shall be paid directly to Cede & Co. or such other nominee of DTC by wire transfer. Interest on this Bond shall be calculated on the basis of a A-I 452244.1 026378 RES three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months. The principal of and premium, if any, on this Bond are payable on presentation and surrender hereof, at the office of . as the Registrar and Paying Agent, in the City of . Principal of and premium, if any, and interest on this Bond are payable in any coin or currency of the United States of America which, on the respective dates of payment thereof, shall be legal tender for public and private debts. This Bond is one ofan issue of Bonds oflike date, denomination and tenor except as to number, interest rate and maturity, which is issued for the purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public improvement projects of and for the City, under and pursuant to and in full compliance with the Constitution and statutes of the Commonwealth of Virginia, including Chapter 26 of Title 15.2 ofthe Code of Virginia, 1950 (the same being the Public Finance Act of 1991), and resolutions and other proceedings of the Council of the City duly adopted and taken under the Public Finance Act of 1991. The Bonds of the issue of which this Bond is one (or portions thereof in installments of $5,000) maturing on and after are subject to redemption at the option of the City prior to their stated maturities, on or after in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment of the following redemption prices (expressed as a percentage of the principal amount of the Bonds to be redeemed), together with the interest accrued thereon to the date fixed for the redemption thereof: Redemption Dates (Both Dates Inclusive) Redemption Prices (Percentages of Principal Amount) to to and thereafter '- -'- % If this Bond is redeemable and this Bond (or any portion of the principal amount hereof in installments of $5,000) shall be called for redemption, notice of the redemption hereof, specifying the date, number and maturity of this Bond, the date and place or places fixed for its redemption, the premium, if any, payable upon such redemption, and if less than the entire principal amount of this Bond is to be redeemed, that this Bond must be surrendered in exchange for the principal amount hereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount hereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the Registered Owner hereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty-fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of this Bond (or the portion of the principal amount hereof to be redeemed) shall have been given as aforesaid, and payment of the principal A-2 452244.1 026378 RES ainount of this Bond (or the portion of the principal amount hereof to be redeemed) and of the accrued interest and premium, if any, payable upon such redemption shall have been duly made or provided for, interest hereon shall cease to accrue from and after the date so specified for the redemption hereof. Subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the issue of which this Bond is one, this Bond may be exchanged at the office of the Registrar for a like aggregate principal amount of Bonds of other authorized principal amounts and of the same issue, interest rate and maturity. This Bond is transferable by the Registered Owner hereof, in person or by his attorney duly authorized in writing, on the books of registry kept by the Registrar for such purpose at the office of the Registrar but only in the manner, subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, and upon the surrender hereof for cancellation. Upon such transfer a new Bond or Bonds of authorized denominations and of the same aggregate principal amount, issue, interest rate and maturity as the Bond surrendered, will be issued to the transferee in exchange herefor. This Bond shall not be valid or obligatory unless the certificate of authentication hereon shall have been manually signed by the Registrar. The full faith and credit of the City are irrevocably pledged to the punctual payment of the principal of and premium, if any, and interest on this Bond as the same become due. In each year while this Bond is outstanding and unpaid, the Council of the City shall be authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay the principal of and premium, if any, and interest on this Bond to the extent other funds of the City are not lawfully available and appropriated for such purpose. It is certified, recited and declared that all acts, conditions and things required to exist, happen or be performed precedent to and in the issuance of this Bond do exist, have happened and have been performed in due time, form and manner as required by law, and that the amount of this Bond, together with all other indebtedness of the City does not exceed any limitation of indebtedness prescribed by the Constitution or statutes of the Commonwealth of Virginia or the Charter of the City. A-3 452244.1026378 RES IN WITNESS WHEREOF, the City has caused this Bond to be executed by the manual or facsimile signatures of its Mayor and its City Treasurer; a facsimile of the corporate seal of the City to be imprinted hereon attested by the manual or facsimile signature of its City Clerk; and this Bond to be dated as of the day of ,200_. CITY OF ROANOKE, VIRGINIA [SEAL] Mayor Attest: City Clerk City Treasurer CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds delivered pursuant to the within-mentioned proceedings. 1, as Registrar By: Authorized Signatory Date of Authentication: A-4 452244.1 026378 RES 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 OTHER TAX IDENTIFYING NUMBER OF TRANSFEREE: the within Bond and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer such Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: 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 face of this Bond in every particular, without alteration, enlargement or any change whatsoever. A-5 452244.1 026378 RES 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 Fa" (540) 853-1138 CityWeb: www.roanokegov.com June 21, 2004 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: Authorization for Issuance of Bonds Background: On May 13, 2004, City Council approved a resolution endorsing the update to FY 2005-2009 Capital Improvement Program (CIP). The CIP provides for investment in buildings, economic development, park, school, civic facility and infrastructure related projects. As discussed during meetings of the Budget and Planning Committee and during Financial Planning Work Session, bonds will be issued during the fiscal year 2004-2005 for the following projects: . Police Building Phase II . Fire-EMS Facilities . Riverside Center for Research & Technology . Patrick Henry High School . Downtown West Parking Garage . Civic Facilities Expansion and Renovation $ 6,670,000 $ 4,435,000 $ 5,500,000 $46,775,000 $ 2,000,000 $14,300,000 Council previously authorized the issuance of bonds for the Civic Center Expansion/Renovation project and the Riverside Center for Research and Technology project, as well as a portion of the bonds for the Patrick Henry High School project. Authorization is needed for the issuance of bonds for the Police Building Phase II, Fire/EMS Facilities, and the Downtown West Parking Garage. Authorization is also needed for additional funding in the amount of $8,775,000 for the Patrick Henry High School Renovation/Construction project. Considerations: Funding needs to be appropriated in advance of bond issuance to award a construction contract for the Police Building Phase II project, to begin grading and site preparation work for the Fire-EMS Facilities project, for property acquisition required for the Downtown West Parking Garage Project, and for improvements that are being done outside ofthe exhibit hall project. These items include repairs to the plaza, waterproofing, replacement of electrical panels, relocation of electric service, location of underground utilities, relocation of the existing cooling tower, and engineering services. City Council appropriate savings achieved from the restructuring ofthe Series 2004 refunding bond escrow to the financial application replacement project. Total savings net of expenses are approximately $764,000. As discussed during the City Council briefing of June 7'h, savings of $470,000 may be allocated to project costs in fiscal year 2004 with an additional amount of $196,950 in fiscal year 2005. The balance of approximately $97,000 may be allocated during fiscal year 2006 and will be included in the budget recommendations for that year. Recommended Action: Adopt the accompanying resolution to authorize the issuance of bonds for the Police Building Phase II ($6,670,000), Fire/EMS Facilities ($4,435,000), and Downtown West Parking Garage ($2,000,000). Authorize the issuance of $8,775,000 in bonds for the Patrick Henry High School Renovation/Construction project. This resolution includes a declaration of the City's intent to reimburse itself from the sale of such bonds. Appropriate funding for the following projects: . Police Building Phase II . Fire-EMS Facilities . Downtown West Parking Garage . Civic Facilities Expansion and Renovation $ 6,670,000 $ 600,000 $ 600,000 $ 2,300,000 Authorize the appropriation of savings from the escrow restructuring associated with the Series 2004 refunding bonds to the Financial Application Replacement project as follows: $470,000 from currently available escrow savings in fiscal year 2004 and $196,950 from Transfer to Debt Service in FY 2005. The transfer to debt service fund may be reduced as debt service in that year is funded by the escrow savings in lieu of the General Fund transfer. Darlene L. ur ham City Manager DLB:vst c: William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Mary F. Parker, City Clerk Sherman M. Stovall, Acting Director of Management and Budget CM04-00 1 06 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - - - - -- HAWKINIS, DELAFIED & WOOD 67 WALL STREET, 11TH FLOOR ATTN: DONALD G. GURN NEW YORK NY 10005 REFERENCE: 80107262 02380270 Bond.. . 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 Vijg~a. Sworn and subscribed before me this -- _~__day of June 2004. Witness my hand and official seal. ~. ~!It -- 144.tL- --- Myt~ommissi n ex ir tary Public ~-f-Q~------_. PUBLISHED ON: 06/07 06/14 TOTAL COST: FILED ON: 457.90 06/18/04 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - -.- - - - - - - - - - -- "neE Of PUBlIC HEARlNe NOTICE IS. HERfaY GNEN, PUl1Iuant to Section 15.2- 2808A ()f the Code of VIrgin- Ia, 1950, that the Council 01 the City of Roanoke, Vll'ilnla (the ~Clty'"), WID hold a publlc hearfng on MONDAY, JUNE 21, 2004, at 7:00 P.M., local time; In the Council Chamber, NoelC, Taylor Munlclpel BuUd. Ing. 215 Church Avenue, S.W., Roanoke, VIrginia 24011, with respecttotheproposedadop_ tlon by the Council of a reso. lutlon authorlzlng the City to contract a,debt and to Issue or reallocate the proceeds 01 general obligation public Improvement boncls of the City (and In anticipation of the, Issuance of any sudl bonds to issue general obligation public Improvement bond anticJpa- tIon notes of the CIty) In the principal amount of '22,350,000 for the purpose of providing funcls to pay the costa of the 8CQUl5ItJon, con- struction, reconstruction, Improvement, extension. enlargement and equipping of varfous Cllj)ital Improvement proJems and the acqul$ltlon and Inltaltatlon of various cap- Ital equipment projects of and for the City for the purposes and In the amount9 set forth I below; ptOV\ded that, If any purpose set: forth below shall require less than the antlre respective amount so set forth, the difference may be ,applJecrtoanyoftheother lPurpo~soset:forth: ,..,..,- Publlc Building Capital Improvement Projects $11,105.000 Publk:School I Capital Improvement Projects 8,775,000 Publlt::Parking Facilities 2,000,000 Capital EquiPment Projects 470,000 TOTAl $22,350,000 lhe members of the pubUc are invited to attend the public hearing and to appear and present thelr VIews on the pro- POsed resolution ! If you Ire a person wlth a dls- ability who needs accommoda- tionsforthlspubllCheerfng, plel88 contactth8 City Clerk's 0frIce at (540) 853-2541, by Thursday, June 17,2004, lhefulJtextoftheproPDSed resolution Is on file in the off!ee of the City Clerk. Munic- ipal Building, Room 456, 215 ChUrch Avenue, S.W., Roenoke, Vlrglnla 24011. Dated: June 7, 2004 (2380270) MARY F. PARKER CJtyClerk Clty of Roanoke, Virginia ~~~~:~~::)(--~-~-~------_______, Billing Services Representative \ft'\() NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GWEN, 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, June 21, 2004, 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 or reallocate the proceeds of general obligation public improvement bonds of the City (and in anticipation of the issuance of any such bonds to issue general obligation public improvement bond anticipation notes of the City) in the principal amount of $22,350,000 for the purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various capital improvement projects and the acquisition and installation of various capital equipment projects of and for the City for the purposes and in the amounts set forth below; provided that, if any purpose set forth below shall require less than the entire respective amount so set forth, the difference may be applied to any of the other purposes so set forth: Purpose Amount Public Building Capital Improvement Projects Public School Capital Improvement Projects Public Parking Facilities Capital Equipment Projects Total $11,105,000 8,775,000 2,000,000 470,000 $22,350,000 The members of the 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, please contact the City Clerk's Office at (540) 853-2541, by Thursday, June 17, 2004. The full text of the proposed resolution is on file in the office of the City Clerk, Municipal Building, Room 456, 215 Church Avenue, S.W., Roanoke, Virginia 24011. Dated: June 7, 2004 MARY F. PARKER City Clerk City of Roanoke , Virginia 451977.1 026378 NTC Notice to Publisher: Publish in the Roanoke Times once on Monday, June 7, 2004 and Monday, June 14,2004. Send affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 Send bill to: Donald G. Gurney, Esquire Hawkins Delafield & Wood, LLP 67 Wall Street, II'" Floor New York, New York 10005 (212) 820-9438 Notice to Publisher: Publish in the Roanoke Tribune once on Thursday, June 10, 2004. 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, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk June 28, 2004 File #24-27-51-252-468 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 36757-062104 amending and reordaining ~36.1-25, Definitions, by adding the definition "authority" and by amending the definition of "utility" to include a reference to an authority; subsection (b) of ~36.1- 576. Submission procedures: comprehensive development plan; subsection (a) of ~36.1-578, Signature reauired on approved comprehensive development plan, to include a reference to the development engineer and the zoning administrator; and ~36.1-580, Chanaes to approved development plan, to include a reference to the development engineer, of Chapter 36.1, Zonina, of the Code of the City of Roanoke (1979), as amended, effective July 1, 2004. The abovereferenced measure was adopted by the Council ofthe City of Roanoke at a regular meeting which was held on Monday, June 21, 2004. A'~JP~ Mary F. Parker, CMC City Clerk MFP:ew Attachment Darlene L. Burcham June 28, 2004 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 Sheila N. Hartman, Assistant City Clerk, (For transmittal by electronic mail to Municipal Code Corporation) Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32316 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 Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer R. Brian Townsend, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission Nancy C. Snodgrass, Zoning Administrator Karl S. Cooler, Building Commissioner Bruce Grant, Director of Finance and Administration, Western Virginia Water Authority, c/o County of Roanoke, 5204 Bernard Drive, Suite 300-C, Roanoke, Virginia 24018 Jean M. Thurman, Secretary, Board of Directors, Western Virginia Water Authority 4t IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36757-062104. AN ORDINANCE amending and reordaining S36.1-25, Definitions, by adding the definition of "authority" and by amending the definition of "utility" to include a reference to an authority; subsection (b) of 936.1-576, Submission procedures: comprehensive development plan; subsection (a) of 936.1-578, Signature required on approved comprehensive development plan, to include a reference to the development engineer and the zoning administrator; and 936.1-580, Changes to approved development plan, to include a reference to the development engineer, of Chapter 36.1, Zoning, of the Code ofthe City of Roanoke (1979), as amended, providing for an effective date, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: I. Section 36.1-25, Definitions, of Article II, Construction ofLamruage and Definitions, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, by adding the definition of "authority" and including a reference to an authority in the definition of "utility," and shall read and provide as follows: 936.1-25. Definitions. For the purpose of this chapter, certain terms and words used herein shall be defined as follows: * * * Authority. The ""'rd "authority" shall mean the Western Virginia Water Authority. * * * Utility: Any person, firm, corporation, ff municipal agency, or authority, duly authorized to furnish to the public under regulation, electricity, gas, storm water drains, water, sewerage collection and treatment, steam, cable television, telephone, or telegraph. For the purposes of this chapter, utility may also refer to equipment o-ca-zoning 05/12/04 1 related to the provision of utility services and the buildings or structures housing said equipment. * * * 2. Section 36.1-576, Submission procedures; comprehensive development plan, of Division I, Development Plan Review, of Article V, Development Plan Regulations, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amending subsection (b) to include a reference to the authority, and shall read and provide as follows: * * * (b) The agent shall coordinate the review of the comprehensive development plan with the city engineer, tmtIIef other affected departments, and the authority. The agent shall hereafter contact the applicant or his representative within a period of fifteen (15) days with one (1) of the following notifications: (I) Notification in writing to the applicant that information on the development plan is incomplete, in error or lacking in detail. The agent shall at that time give notice of the additional information required, or necessary revisions that need to be made to the development plan. (2) Notification in writing to the applicant that the development plan is sufficient in required information and accuracy and is underreview. (3) Notification in writing to the applicant or his representative that the development plan must be reviewed by the planning commission at its next regular scheduled meeting. * * * 3. Section 36.1-578, Signature required on approved comprehensive development plan, of Division I, Development Plan Review, of Article V, Development Plan Regulations, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, is hereby amended and o-ca-zoning 05/12104 2 reordained by amending subsection (a) to include a reference to the development engineer and the zoning administrator, and shall read and provide as follows: (a) All approved comprehensive development plans shall be signed by the agent, lIflEI the eity development engineer, and the zoning administrator. *** 4. Section 36.1-580, Changes to aooroved develooment olan, of Division 1, Development Plan Review, of Article V, Develooment Plan Regulations, of Chapter 36.1, Zoning. of the Code ofthe City of Roanoke (1979), as amended, is hereby amended and reordained, to include a reference to the development engineer, and shall read and provide as follows: Ifit becomes necessary for an approved basic or comprehensive development plan to be changed, such changes may be made with the approval ofthe zoning administrator and, in the case of a comprehensive development plan, the agent, and the eity development engineer. If a proposed change will, in the opinion of the agent, or eity development engineer, substantially affect the terms of the original approval, a new plan may be required to be drawn and submitted for review and action in accordance with the provisions of this chapter. *** 5. This ordinance shall be in full force and effect on and after July 1, 2004. 6. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: A ;J(J~ ~ City Clerk. o-ca-zoning 05'12/04 3 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk June 28, 2004 File #24-27-51-252-468 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 36756-062104 amending and reordaining certain sections of Chapter 31, Subdivisions, Code of the City of Roanoke (1979), as amended, to achieve various purposes, including amending and adding certain definitions, updating references to the State Code and the City Code, adding references to the Western Virginia Water Authority, clarifying and amending the responsibilities of the agent to the Planning Commission with respect to subdivisions, and amending filing procedures with respect to subdivision plats and plans as a result of creation of the Western Virginia Water Authority, effective July 1, 2004. The abovereferenced measure was adopted by the Council ofthe City of Roanoke at a regular meeting which was held on Monday, June 21, 2004. ?\':, J IL- Mary F. Parker, CMC City Clerk MFP:ew Attachment Darlene L. Burcham June 28, 2004 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 Sheila N. Hartman, Assistant City Clerk, (For transmittal by electronic mail to Municipal Code Corporation) Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32316 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 Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer R. Brian Townsend, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission Edward R. Tucker, City Planner, II Karl S. Cooler, Building Commissioner Bruce Grant, Director of Finance and Administration, Western Virginia Water Authority, c/o County of Roanoke, 5204 Bernard Drive, Suite 300-C, Roanoke, Virginia 24018 Jean M. Thurman, Secretary, Board of Directors, Western Virginia Water Authority 0~~o~ <b~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2004. No. 36756-062104. AN ORDINANCE amending andreordaining 9931-4, 31-5, 31-6, 31-8, 31-25, 31-26, 31-27, 31-28,31-29,31-32,31-33,31-36,31-39,31-54,31-68,31-74,31-86,31-104,31-105,31-106,31- 107, and 31-122, of Chapter 31, Subdivisions, of the Code of the City of Roanoke (1979), as amended, to achieve various purposes, including amending and adding certain definitions, updating references to the state code and the City Code, adding references to the Western Virginia Water Authority, clarifying and amending the responsibilities of the agent to the Planning Commission with respect to subdivisions, amending filing procedures with respect to subdivision plats and plans as a result of the creation of the Western Virginia Water Authority, providing for an effective date, and dispensing with the second reading by title ofthis ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: I. Section 31-4, Definitions, of Article 1, In General, of Chapter 31, Subdivisions, of the Code ofthe City of Roanoke (1979), as amended, is hereby amended and reordained, by the addition of "Authority," and the amendment of the definition of the terms, "Final plat," "Preliminary plan," "Preliminary plat" and "Public utilities," and shall read and provide as follows: 931-4. Definitions. As used in this chapter, the following words and phrases shall have the meanings ascribed to them in this section: *** Authority. The word "authority" shall mean the Western Virginia Water Authority. *** o-ca-subdivision 05121/04 1 Final plat. The words "final plat" shall mean that plat submitted to the agent aIHI eity eHgineer for final approval and subsequently recorded with the appropriate clerk of the court of the city. * * * Preliminary plan. The words "preliminary plan" shall mean those documents, maps, plats and other material, as required by this chapter, that are submitted to the agent and eity engineer for approval prior to preparation of the final plan. Preliminary plat. The words "preliminary plat" shall mean that plat or layout of a proposed subdivision submitted as part of the preliminary plan to the agent ailS the eity eflgineer for theff approval prior to submission of the final plan. Public utilities. The words "public utilities" shall mean water, gas, sanitary sewer, electrical and telephone lines and facilities and shall include natural or improved drainage facilities. A reference to only one utility or several enumerated utilities shall be a list intended to be exclusive of all utilities not so named. * * * 2. Section 31-5, Administration of chapter generallv: general powers and duties of Agent, of Article I, In General, of Chapter 31, Subdivisions, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, by amending subsection (b), by updating a reference to the Code of Virginia (1950), as amended, and a reference to the agent's duties, to read and provide as follows: 931-5. Administration of chapter generally: general powers and duties of agent. * * * (b) The agent shall perform its the agent's duties in regard to subdivisions and subdividing in accordance with this chapter and the Land Subdivision and Development Act, title lH 15.2, chapter H 22, article + 6, of the Code of Virginia (1950), as amended. * * * 3. Section 31-6, Application of and compliance with chapter generallv, of Article I, In General, of Chapter 31, Subdivisions, of the Code of the City of Roanoke (1979), as amended, is o-ca-subdivision OS/21/04 2 hereby amended and reordained, by amending subsection (b), to include a reference to the authority, and by adding subsection (e), to set forth the agent's duties with respect to filings, to read and provide as follows: 931-6. Application of and compliance with chapter generallv. *** (b) Whenever the owner or developer of any tract ofland located within the city desires to subdivide the same, he shall submit a plat of the proposed subdivision with reference to known or permanent monuments to the agent and the eity eHgiaeer in accordance with the requirements of this chapter. No owner or developer shall subdivide land without making and recording a plat of such subdivision in the office of the clerk of the circuit court, and no such plat of any subdivision shall be recorded unless and until it shall have been submitted to and approved by the agent and the city engineer in accordance with the regulations set forth in this chapter. * * * (e) The agent shall act as the repository for the city engineer and the authority for all documents to be reviewed by the city engineer and the authority and shall forward copies of all plans and plats filed with the agent to the city engineer and the authority for review. Upon completing such review, the city engineer and the authority shall return such plans and plats to the agent. * * * 4. Section 31-8, Lot or parcel boundary line relocation. adiustment or alteration, of Article I, In General, of Chapter 31, Subdivisions, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, by setting forth the parties required to agree to any changes in an interest in public utilities, to read and provide as follows: 931-8. Lot or parcel boundary line relocation. adiustment or alteration. The boundary lines of any existing lot or parcel may be relocated, adjusted or otherwise altered as a part of an otherwise valid and properly recorded plat of subdivision approved in conformity with the requirements of this chapter, and executed by the owner or owners of such land as provided in Section 15.1 177 15.2- 2264, Code of Virginia (1950), as amended, and section 31-31 (f) of this chapter, o-ca~subdivision OS/21/04 3 provided such action does not involve the relocation or alteration of any street, alley, easement for public passage, or any other public areas. No easements, interests in land for public utilities, or public utility rights-of-way shall be relocated or altered without the express written consent of all persons or entities holding any interest therein. * * * 5. Section 31-25, Pre-preliminary conference; sketch plan, and g31-36, Effect of recording plats as to land set apart for public use, of Article II, Procedural Requirements: Plans and Plats, g31-54, Off-tract sewerage and drainage facilities, of Article ill, Required Improvements Enumerated, 31-86, In general, of Article V, Construction Standards, g31-105, Guaranty for completion of improvements, g31-1 06, Utilitv installations to be completed prior to occupancv of dwelling, and g31-1 07, Inspections, of Article VI, Construction Schedule. Guaranty and Inspections, of Chapter 31, Subdivisions, of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained, to include a reference to the authority, to read and provide as follows: g31-25. Pre-preliminary conference: sketch plan. (a) Prior to the filing of a preliminary plat, the subdivider shall consult with the agent of the planning commission and the authority concerning the subdivision plans ofthe subdivider. It is the intent of this requirement that the subdivider may familiarize himself with the regulations of this chapter and that the agent ofthe planning commission, the authority, and such personnel of the city as may be appropriate and concerned, shall be afforded, by the subdivider, an opportunity to advise and assist the subdivider prior to the preparation ofthe preliminary plat and related material. (b) Prior to a pre-preliminary conference with the agent and the authority, the subdivider shall prepare a sketch plan showing the following information: (1) Street rights-of-way. (2) Other rights-of-way and easements. (3) Lot lines (sketch). (4) Sites, if any, for parks, schools, churches, etc. o-ca-subdivision OS/21/04 4 (5) Wooded areas, marshes and similar conditions existing on the site. (6) Site data: a. Acreage in the tract. b. Acreage in parks and other land usage. c. Average lot size. d. Approximate number oflots. (7) Sketch vicinity map showing relationship between the subdivision and the surrounding area. * * * Sec. 31-36. Effect of recording plats as to land set apart for public use. The recordation of plats of subdivisions of land shall operate to transfer, in fee simple, to the city such portion of the premises platted as is on such plat set apart for streets, alleys or other similar public uses, or for future street widening, and to transfer to the city or to the authority any easement indicated on such plat to create a public right of passage over the same. Nothing herein contained shall prevent the persons who set apart such land for streets and alleys, or for future street widening, or their heirs, successors and assigns, where otherwise under this chapter they have the right so to do, from erecting, installing, constructing and maintaining electric lines or conduits along or under the portions so set apart, gas lines, water lines, sanitary sewer pipes, drains and drain pipes, electric lines or conduits, when such are constructed, erected, placed, installed and maintained pursuant to the provisions of this chapter and all other applicable laws and regulations. * * * Sec. 31-54. Off-tract sewerage and drainage facilities. (a) Whenever and wherever conditions, as are caused or aggravated by reason of the subdivision of land under this chapter, necessitate or require, at least in part, the provision of reasonable and necessary sewerage and drainage facilities outside the property limits of the land owned or controlled by the subdivider, the agent, lI!Hi the city engineer, and the authority, may require the subdivider to pay his pro rata share of the cost of providing such facilities. Such share shall be limited to the proportion ofthe total estimated cost which the increased sewage flow and/or increased volume and velocity of storm water runoff to be actually caused by the subject subdivision bears to the total o-ca-subdivision OS/21/04 5 estimated volume and velocity of such sewage and/or runoff from such area in its fully developed state, to be calculated in accordance with reasonable standards established by the city engineer. (b) No such payment shall be required until such time as the agent, 6f the city engineer, or the authority, shall have established a general sewer and drainage improvement program for an area having related and common sewer and drainage conditions and within which the land owned or controlled by the subdivider is located. *** Sec. 31-86. In general. All subdivision improvements shall conform to standard specifications, as set forth in this chapter or elsewhere in this Code. In the event that no official or standard plan, specification or regulation has been adopted by the city regarding the installation of a particular improvement, such improvement shall conform to the plan, specification and regulation then set forth by the agent, the city engineer, llIuller the agent or the authority. *** Sec. 31-105. Guaranty for completion of improvements. (a) All physical improvements required by the provisions of this chapter for a subdivision, as platted, shall be installed therein and thereon at the expense of the subdivider within a reasonable length of time , not to exceed two (2) years. Pending the actual installation thereof, the subdivider shall execute and file with the city clerk, prior to approval of the final plan, an agreement to make such improvements within a designated reasonable length of time, not to exceed two (2) years, and one (1) of the following: (1) For physical improvements required by the provisions of this chapter that have been completed, an attested certification to the city and the authority that the construction costs of all such physical improvements have been paid to the person constructing such improvements; (2) A certified check or cash escrow in the amount of the estimated costs of construction of such improvements, as determined by the agent, aHEI the city engineer, and the authority; (3) A personal, corporate or property bond, with surety approved by the director of finance and the city attorney, in an amount sufficient for o-ca-5ubdivision OS/21/04 6 and conditioned upon the construction of such improvements, as determined by the agent, and the city engineer, and the authority; (4) A contract for the construction of such improvements and the contractor's bond, with surety approved by the director of finance and the city attorney, in an amount sufficient for and conditioned upon the completion of such contract, as determined by the agent, and the city engineer, and the authority; (5) A bank or savings and loan association's letter of credit on certain designated funds satisfactory as to the bank or savings and loan association and form to the city attorney and director of finance, and in an amount satisfactory to the agent, and the city engineer, and the authority. * * * (d) The agreement referenced in subsection (a) shall be executed by the subdivider and either the city or the authority, or both, depending upon the identity of the entity obligated to inspect such improvements under section 31-107 of the City Code and entitled to certifY the installation of such improvements under section 31-108 of the City Code. The guaranty posted by the subdivider shall be in favor of the entity, or entities, obligated to inspect such improvements under section 31-107 of the City Code and entitled to certifY the installation of such improvements under section 31-108 of the City Code in such amounts as are necessary to secure the installation of the improvements. Sec. 31-106. Utilitv installations to be completed prior to occupancv of dwelling. No dwelling within a subdivision may be occupied for dwelling purposes until all required utility installations, including the water supply and sanitary sewer systems, have been completed to the satisfaction of the city engineer, the authority, and the building commissioner. Sec. 31-107. Inspections. Periodic inspection during the installation of the physical improvements in a subdivision shall be made by a duly authorized city official or authority official to insure conformity with the approved plans and specifications. The subdivider shall notifY the proper administrative officers when each phase of the installation is completed and ready for inspection. * * * o-ca-subdivision OS/21/04 7 6. Section 31-26, Preliminary plan generallv, of Article II, Procedural Requirements: Plans and Plats, of Chapter 31, Subdivisions, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, to include a reference to the authority, and to clarifY a reference to the sketch plan, to read and provide as follows: 931-26. Preliminarv plan generallv. Whenever a subdivision is proposed to be made and before any sale of any lot or lots located in said subdivision, as a whole or any part thereof, is made, the owner or proprietor of the proposed subdivision, or his duly authorized representative, shall file a plan of the proposed subdivision with the agent for approval. The plan and all proeedlifes relating thereto should shall be in substantial accord with the pre- preliminary plllH sketch plan referenced in section 31-25 of this code and in all respects shall be in full compliance with the provisions of this chapter and all applicable laws and ordinances affecting or regulating the subdivision ofland, the use thereof and the erection of buildings or structures thereon. The preliminary plan shall be comprised ofthe preliminary plat and, in adllition, all other information required by the agent, eF the city engineer, or the authority, to evaluate and inspect properly the proposed subdivision. 7. Section 31-27, Subdivision and contents ofpreliminarvplat, and Section 31-32, Filing of final plat, of Article II, Procedural Requirements: Plans and Plats, of Chapter 31, Subdivisions, of the Code ofthe City of Roanoke (1979), as amended, is hereby amended and reordained, to increase the type and number of copies of documents needed for filing, to read and provide as follows: Sec. 31-27. Submission and contents ofpreliminarvplat. Not less than three f3j nine (9) copies ofthe preliminary plat of a subdivision, plainly marked as such, shall be submitted to the agent showing the following: (1) Subdivision name. (2) Name and address of the record owner of the land proposed to be subdivided and the owner or proprietor of the subdivision and the surveyor. (3) Date, scale and north point of the map. True meridian shall be used where practicable; otherwise, the date ofthe magnetic bearing must be given. o-ca-subdivision OS/21/04 8 (4) The location, width and names of all existing or platted streets, easements or other public ways or public use of land for future street widening within or adjacent to the subdivision, existing permanent buildings, railroad rights-of- way, natural watercourses and other important features. (5) Location and names of adjoining subdivisions or names of owners of adjoining lands, together with proper legal references to the property of all respective abutting owners. (6) Location of all building lines and location and dimensions of all easements. (7) Lot lines, lot and block numbers and dimensions. (8) Proposed method of water supply, drainage provisions, sanitary sewer layout or other accepted sanitary plan. (9) Proposed use of the property to be subdivided. (10) All parcels ofland to be dedicated for public use and the conditions of such dedication. * * * Sec. 31-32. Filing of final plat. (a) The originallillell traeiflg mylar plastic of a final subdivision plat and fom (4) pRats ell stalldard elota shall be submitted to the agent with other required material comprising the final plan for approval. * * * 8. Section 31-28, Approval or disapproval ofpreliminarv plat, of Article II, Procedural Requirements; Plans and Plats, of Chapter 31, Subdivisions, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, by amending subsections (c)(I) and (c )(1 )(ii), to include a reference to the authority, to clarify references to public utilities, and to update references to the City Code, to read and provide as follows: Section 31-28. Approval or disapproval oforeliminarv plat. * * * o-ca-subdivision OS/21/04 9 (c) (1) The agent and the city engineer shall determine whether the proposed subdivision will be reasonably safe from flooding. If the proposed subdivision is in a floodplain district as defined in Subdivision E, of Division 4 5, of Article p.l IlL of Chapter J6 36.1 of this Code, the preliminary subdivision plat shall be reviewed to assure that: * * * (ii) All public utilities aIla facilities, SlieR as se'....er, gas, electrical ana water systems are located and constructed to minimize or eliminate flood damage. * * * 9. Section 31-29, Additional material as part of preliminary plan, of Article II, Procedural Requirements: Plans and Plats, of Chapter 31, Subdivisions, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, by amending subsections (a), (h) and (i), to include a reference to the authority, to increase the number and type of copies of documents needed for filing, and to update references to the City Code, to read and provide as follows: Section 31-29. Additional material as part ofpreliminarv plan. In addition to the preliminary plat, the following plans, profiles, studies, maps and other material shall be submitted to the agent as part of the preliminary plan of a subdivision: (a) Street plan and profile. The owner or proprietors shall file with the agent, for lIflflreval review, three (3) nine (9) copies of a complete plan and profile of each street, prepared by a surveyor or engineer duly certified to perform such services. Such plan shall be drawn to a scale of fifty (50) feet to the inch and the profile shall be drawn to a horizontal scale of fifty (50) feet to the inch and a vertical scale of five (5) feet to the inch, or as otherwise allowed by the agent and the city engineer, with all elevations referred to the U.S.c. and a.s. datum. The plan shall show the existing and proposed location of the following: Drains, sanitary sewers, including all sewer laterals extended to the property lines, water mains and laterals, fire hydrants, parking spaces, if any, and all other contemplated improvements. The profile shall show the proposed center line grade of the street and alley; the size, depth and rate of grade of all required drains; and the size, location and approximate depth of o-ca-subdivision OS/21/04 10 water mains. T'NO (2) Seven (7) copies of such plan and profile will be retained by the city (one (1) copy to be Hlea withfor the city engineer, aae one (1) copy to be filea with for the agent, one (1) copy for the traffic engineer, one (1) copy for economic development, one (1) copy for the building commissioner, one (1) copy for solid waste management, and one (1) copy for the zoning administrator) and the agent shall forward two (2) copies to the authority. The third copy, showing all rOEjllirea changes, shall be returned to the o'.\,ner or proprieter, whs shall hlP:e tlle reEjllirea changes maae lIj'lsn the original plan ana j'lrefile The owner or proprietor will be supplied with review comments and must file t\yo (2) seven (7) corrected copies, one (1) '.vith the eity engineer and one (1) with the agent (two (2) copies for the agent, one (1) copy for the building commissioner, one (1) half size copy for the development inspector, and one (1) copy for the owner or proprietor), and the agent shall forward two (2) copies to the authority. The agent may further require cross sections of the street or alley, the same to be taken at each fifty (50) foot station, at all street intersections and any other points which may be required to properly establish the grade of the street. *** (h) Erosion and sediment control plan. This plan shall indicate the methods to be utilized in minimizing potential erosion and sediment, both during construction and upon completion of the subdivision. Such plan and control methodology is to be developed in accordance with the city's erosion and sediment control ordinance, as setoutinchapterH-11.1 of this Code. Where duplication of required information exists between this subsection and others of this section, such information need only be supplied once. (i) Base flood elevation data. All plans shall include one hundred (100) year flood elevation data, for all property located in floodplain districts as created by section 36 36336.1-362 of this Code, and shall contain such detail as may be required by the agent to determine whether the requirements of Section 31- 28(c) (1) and section 36 36236.1-360, et seq., ofthis Code will be complied with. *** 10. Section 31-33, Approval. distribution and recording of final plat generally, of Article II, Procedural ReQuirements: Plans and Plats, of Chapter 31, Subdivisions, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, by amending subsection (b), and by the addition of subsection (c)( 4), to include a reference to the city engineer, to increase the Q-ca.subdivision OS/21/04 11 number and type of copies of documents needed for filing, and to update references to the Code of Virginia (1950), as amended, to read and provide as follows: Sec. 31-33. Approval. distribution and recording of final plat generally. * * * (b) The final subdivision plat shall be approved in writing by the agent, and the city engineer, if found to be in conformity with the requirements oflaw and of this chapter, within sixty (60) days after it has been officially submitted for approval. If the plat is disapproved, the disapproval shall be in writing, either on the plat itself or in a separate document, and specific reasons shall be given which shall relate in general terms such modifications or corrections as will permit approval ofthe plat. If the plat is disapproved by either the agent, or the city engineer, the subdivider shall have the right to appeal his decision to the planning commission. If a plat is not approved or disapproved within sixty (60) days after it has been officially submitted for the approval, the subdivider may petition the circuit court of the City of Roanoke to decide whether the plat should or should not be approved, in accordance with the procedure set forth in section 15.1 47515.2-2259, Code of Virginia (1950), as amended. If a plat is disapproved, and the subdivider contends that such disapproval was not properly based on the provisions of this chapter, or was arbitrary or capricious, he may appeal to the circuit court of the City of Roanoke in accordance with the provisions of section 15.1 475 15.2-2259, Code of Virginia (1950), as amended. (c) After approval of a final subdivision plat, the origiaalliaea trasiag original mylar plastic afld oae (1) priat thereof shall be returned to the owner or proprietor ofthe subdivision for recordation in the precise form as approved. Felli" (4) One (1) mylar plastic and ten (10) paper prints, eleth priats, with recording information included thereon, shall be returned and distributed as follows: (1) Agent, one (1) sleth priat paper print. (2) City Engineer, twe (2) one (1) sloth priat mylar plastic. (3) Cleric of Court, OHe (1) sloth priHt (ia additiea te the origiaalliaea traciag) Registrar, one (1) paper copy. (4) Authority, one (1) paper copy. o-ca-subdivision OS/21/04 12 (5) Owner or proprietor, one (1) paper copy. (6) Schools, one (1) paper copy. (7) Department of Communications, one (1) paper copy. (8) Commissioner of the Revenue, one (1) paper copy. (9) Environmental Services, one (1) paper copy. (10) Building Commissioner, one (1) paper copy. (11) Office of Real Estate Evaluation, one (1) paper copy. *** 11. Section 31-39, Fees for plat review, of Article II, Procedural Requirements: Plans and Plats, of Chapter 31, Subdivisions, ofthe Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, by amending subsection (c), to update a reference to the City's Planning, Bui]ding and Deve]opment Department, to read and provide as follows: Sec. 3]-39. Fees forp]atreview. * * * (c) The following fee shall be charged for the review for approval of all applications to vacate subdivision plats and shall be paid to the planning, building and development department upon the filing of such application: (1) All applications to vacate plat, fifty dollars ($50.00). * * * 12. Section 31-68, Lots: building or setback lines, of Artic]e N, Design Standards, of Chapter 31, Subdivisions, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, by amending subsections (d), 0), and (k), to update references to the City Code, to read and provide as follows: Sec. 31-68. Lots: building or setback lines. o-ca-subdivision OS/21/04 13 * * * (d) All lots controlled by this chapter shall front on a public street or an acceptable private street, if approved as such under the planned unit development provisions contained in Division; 5, of Article W III, of Chapter;e 36.1 ofthis Code. Double frontage lots, however, may be cause for disapproval of the preliminary plan. To avoid frontage on a heavily traveled artery or other disadvantageous use, double frontage lots are acceptable if a planting screen is provided on an easement at least ten (10) feet in width, across which there shall be no right of access. Each irregular- shaped residential lot may be allowed a reduction of the minimum lot frontage requirements set forth in the zoning ordinance ofthe city or county wherein the land lies, of no more than seventeen (17) percent, subject to the approval of the agent; provided, however, that no irregular-shaped lot shall have less than fifty (50) feet of frontage or less than an average width of sixty (60) feet. * * * G) Lot requirements for planned unit developments are specified under Division ; 5, Article WIII, ofChapter;e 36.1, of this Code. (k) Lot requirements for townhouses are set out under Division & 4, of Article IV, ofChapter;e 36.1, ofthis Code. * * * 13. Section 31-74, Utilities, of Article IV, Design Standards, of Chapter 31, Subdivisions, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, by amending subsections (a), (b), (c), and (d), to include references to the authority and to clarif'y references to certain utilities, to read and provide as follows: Sec. 31-74. Utilities. (a) Overhead l!tility lines for electricity, telephone, and other such public utilities shall be located at the rear of all lots, except where topographical or other conditions make this impracticable, in which event such overhead titility lines shall be located on either side of side lot lines or at such other locations as may be approved by the titility companies involved. Underground wiring is strongly encouraged for all subdivisions. (b) The facilities for underground utilities, such as sewer and water, including sewer and water laterals to each lot line when laid in streets, shall be in place o-ca-subdivision 05121/04 14 prior to final surfacing of streets. All facilities for utilities shall, where possible, be placed in easements provided for that purpose in the subdivision, or located as llflflroved required by the agent, aH6 the city engineer, and the authority. (c) The subdivider shall install sewer mains and sewer laterals, extended to the property line of each lot, in accordance with the size, depth and profile llflflrBved established by the agent, aH6 the city engineer, and the authority. (d) In cases where public water an6,lor sanitary sewer services are not available, the following criteria for lot sizes shall apply: (I) Public water or sewer--Fifteen thousand (15,000) square feet. (2) Neither public water nor sewer--Twenty thousand (20,000) square feet. * * * 14. Section 31-104, Prerequisites to commencement of grading ooerations, of Article VI, Construction Schedule. Guarantv and Insoections, of Chapter 31, Subdivisions, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, by amendment subsections (4) and (5), to include a reference to the authority and others, to read and provide as follows: Sec. 31-104. Prerequisites to commencement of grading ooerations. Grading operations in a subdivision may begin following approval of the preliminary plat; provided, however, that such grading shall not be commenced until the subdivider has executed an agreement with the city and the authority in which he agrees to: * * * (4) Install all required street and utility improvements in accord with plans and specifications of the agent, the city engineer, and the authority ageffi; and (5) Indemnify and hold hannless the city, city officials, agents of the city, aH6 city employees, the authority, authority officials, authority employees and agents of the authority from any suit, claim or action for damages or any cost incurred by the city or the authority as a consequence of failure on the part of the subdivider to comply with the terms of the agreement. *** o-ca-subdlvision OS/21/04 15 15. Section 31-122, Utility easements, of Article VII, Dedications and Reservations, of Chapter 31, Subdivisions, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, to include a reference to the authority and a reference to certain utilities, to read and provide as follows: Sec. 31-122. Utility easements. Utility Eeasements for electric and telephone service lines, sanitary sewage sewer lines, water lines or other such public utilities located along rear lot lines or side lot lines or passing through a lot shall be at least fifteen (15) feet wide, seven and one- half(7 1/2) feet on each lot, and more if necessary, as determined by the agent, llIHI the city engineer, and the authority. 16. This ordinance shall be in full force and effect on and after July 1, 2004. 17. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ~~ j~ ATTEST: City Clerk. o-ca-subdivision OS/21/04 16 Architectural Review Hoard Hoard of Zoning Appeals PlanninJ!; 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@cLroanoke.va.us June 21, 2004 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: An ordinance amending and reordaining 936.1-25 936.1- 576(b), 936.1-578, and 936.1-580 of Chapter 36.1, Zonino, of the Code of the City of Roanoke (1979), as amended; and an ordinance amending and reordaining 931-4, 931-5(b), 931- 6,931-8,931-25,931-26,931-27,931-28,931-29,931-32, 931-33,931-36,931-39,931-54,931-68,931-74,931-86, 931-104,931-105,931-106,931-107,931-122 of Chapter 31, Subdivisions, of the Code of the City of Roanoke (1979), as amended, to achieve various purposes, including amending and adding certain definitions, updating references to the state code and the City Code, adding references to the Western Virginia Water Authority, clarifying and amending the responsibilities of the agent to the Planning Commission with respect to subdivisions, and amending filing procedures with respect to subdivision plats and plans as a result of the creation of the Western Virginia Water Authority. Planning Commission Action: Planning Commission public hearing was held on Thursday, May 20, 2004. By a vote of 6-0 (Mr. Rife absent), the Commission recommended approval of the requested amendments. Background: With the implementation of the Western Virginia Water Authority scheduled for July 1, 2004, it is necessary to amend various sections of the City Code related to Zoning and Subdivisions. These amendments, while not substantive in terms of the actual land use or development regulations, reflect the roles and responsibilities that the Western Virginia Water Authority will have in the review, processing, and approval of subdivision requests and comprehensive development plans. Considerations: The amendments specifically add the Authority to certain sections of the regulations because the Authority will be formed as a separate legal entity, and will take over the roles and responsibilities in the subdivision and comprehensive development plan review processes currently within the purview of the Department of Utilities. Certain definitions in the Subdivision and Zoning sections of the Code are updated to reflect the formation of the Authority. Where necessary, these amendments also update cross-references to other sections of the City Code and the Code of Virginia (1950), as amended. Furthermore, the amendments make modifications to procedures related to the filing and processing of plans and plats, the number of copies to be distributed, and the review and approval of such plans and plats. Recommendation: By a vote of 6-0, the Commission recommended approval of the amendments to the Subdivision and Zoning sections of the City Code. Respectfully submitted, ~1Vlw~ Robert B. Manetta, Chairman City Planning Commission RBT:mpf Attachments cc: Darlene Burcham, City Manager Roland Russell, Assistant City Manager for Com. Development William Hackworth, City Attorney Steven Talevi, Assistant City Attorney 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, May 20, 2004, at I :30 p.m., or as soon thereafter as the matter may be heard, in the Emergency Operations Center Conference Room, Room 159, first floor, Noel C. Taylor Municipal Building, 2 I 5 Church Avenue, S. W., to consider the following: An ordinance amending and reordaining g36.l-25, Definitions; subsection (b) of g36.l- 576, Submission procedures: comprehensive development plan; and g36. I -578, Signature required on approved comprehensive development Dlan; and g36.l-580, Changes to approved development plan, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended; and An ordinance amending and reordaining g31-4, Definitions; subsection (b) of g3l-5, Administration of chapter generallv; general powers and duties of agent; g31-6, Application of and compliance with chapter generally, by amending subsection (b) and adding subsection (e); g3l-8, Lot or parcel boundary line relocation. adiustment or alteration; subsections (a) and (b) of g3l-25, Pre-preliminary conference; sketch plan; g3l-26, Preliminary plan generallv; g31-27, Subdivision and contents of preliminary plan; subsections (a), c(l), and (c)(l)(ii) of g3l-28, Approval or disapproval of preliminary plat; subsections (a), (h) and (i) of g31-29, Additional material as part of preliminary plan; subsection (a) of g3l-32, Filing of final plat; subsections (a), (b), (c) and (e) of g3l-33, Approval. distribution and recording of final plat generally; g3l-36, Effect of recording plats as to land set apart for public use; g3l-37, Changing plats after approval; subsection (c) of g3l-39, Fees for plat review; subsections (a) and (b) of g3l- TO WHOM IT MAY CONCERN: Pursuant to the provisions of S15.2-2204, Code of Virginia (1950), as amendecl, the Council of the City of Roanoke will hold a Public Hearing on Monday, June 21, 2004, at 7:00 p.m" or as soon thereaf- __________________________________________________+__ter as the matter may be- heard, In the Council Cham- bel'5, Noel C. Taylor Municipal Building. 215 Church Avenue, S,W., Roanoke, Virginia, In order to consider amend. ments and revisions to Chap- ter 31, Subdivisions, and Chapter 36.1, Zoning. of the Code of the City of Roanoke (1979). as amended. ~31-4, Definitions; subsection (b) of 131-5, Administration of chapter generally; general powen; and duties of agent; 131-6, Application of and compliance with chapter gen- erally, by amending subsection (b) and adding subsection (e); 131.8, Lot or parcel boundary line relocation, adjustment or alteration; subsections (a) and (b) of 131.25, Pre-Preliminary conference; sketch plan; 131. 26, Preliminary plan generally; 131-27, SubdiviSion and con- t&nts ofprelJmlnary plan; sub- sections (c) (1), and (c}{l)(II) of 131-28, Approval or disap- proval of preliminary plat; sub- sections(a),(h)and(l) of 131- 29,Addltional material as part ofprelimlnaryplan;suosectlon (a) of S31-32, Filing of final plat; by.amendlng subsection (b) and (c) of S31-33, Approv- al, diStribution and recording of final plat generally; 131-36, Effect of recording plats as to land set llpart fot pUblic use; subsection (c)ofS31-39, Fees for plat review; subsections (a) I and (b) of t31-54, Off.tract sewerage and drainage faclll- tles;'subsectlons(d),m,and I (k) of S31-68, lob; building or setback lines; subsections (a), (b), (c), and (d) of t31.74, Utilities; 131-86, In general; subsections (4) and (5) of 131.104, Prerequisites. to commencement of grading operatlons;131-105,Guaranty for completion of improve- ments, by amending subsec. tions (a)(l), (a)(2), (a)(3), (a)(4), and (a)(5) and adding subsection (d); 131.106, Util- Ity Installations to be com- pleted prior to oocupancyof dwelling; 131-107, Inspec- tions; and t31-122, Utility Easements, of Chapter 31, Subdivisions, of the Code of the City of Roanoke (1979), as amended, to achieve various purposes, including amending and adding certain definitions, updating references to the statecooeandtheCityCocle, adding references to the Westem Virginia Water Author- TOTAL COST 3 6 3 91 I ity, clarifying and amending . : . the responsibilities of the ~:~~~-~~~-----~:~=~~~~----------------------------l I~~~:r~;.~!.~ __,___________ i proceclures with respect to subdivision plats and pJansas I a result of the creatlon of the Western VIrginia Water Author- ity;and I Billing Services Representative 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 02386235 Zoning/Ordinances 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 June 2004. Witness my hand and off'i ial seal. .....---.~ ~ -__ ~ _ _ {1-- ___ otary Public My;6ommi sion~~ s ;;~l~~f-O_:L------_. PUBLISHED ON: 06/14 ~~~~~~~;:~--~-~-~----------, NonCE Of PUIUC HWINe The proposed amendments would amend and reordainthe following sections of Chapter 31, Subdivisions, and Chapter 36.1, Zoning. of the Code of the City of Roanoke (1979), as amended; S36.1-25, DefInitions; subsec- tion (b) of S36,1.576, Submis- sion procedures: comprehen. slve development plan; S3f1.1-578, SJcnaturereqund on approved comprehensive development pl_; and 136.1- 580, Ctlenges to appnMd developnientpl8n. of Chapter 36.1, Zoning. of the Code of the City of RoanotIe (1979), as amended. I A copy of. such propoaed amendm8/1t:$ are available fOr mlew In the OffIce of the'CIty Cieri<, Room 456, Noel C. Tay- lor Municipal Bufldlng. 'Ques. tions about the content oftne proposed regulation shoutd be dIrected to the omce.of P1an- nlng, BulIdlng and Develop- rnent,853-1730, , If you area peraonWltha dls. abIlity who needs accommoda. tlons for this heating. please contacttheCltyQerk'sOfflce (853-2641), before 12:00 nQOn on ThuI'8d8y, JunlI 17, 2004. All partlel In Interest may appear on the above date and be heard on the question. GIVEN under my hand thls 28JJday of May; 2004. Mary F. Parker, City Clerk, (2386235) The Roanoke Times ___.._ h - - - - - - - - - - - - - - - - - - - - - - - -- -- - - - - - - - - - - - - - - - - - - - - - r - 'jIlDT1CEOF PUIUe HEMIIIC I TO WHOM IT MAY CONCERN: Pursuant to the provlslonl of 515.2.2204, Code of Virginia (1950), II Imended, the Council of the City of Roanoke will hold a Public Hearing on Monday, .June 21, 2004, at 7:00p.m., or as soon therelf. ter al Ule mirtter n:"IY be heard, In the Councll Cham- bers, Noel C. TI)'Ior Municipal Building. 2115 Church Avenue. S.W., Roanoke, Vlrglnla, In order to oonaIder amend- ments and revisions to Chap- ter 31, Subdivisions, and Chapter 38.1, Zoning, of the COde of the CIty of Roanoke (1979), as amended. 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 02377231 Zoning & Subdiv. 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 June 2004. Witness my hand and official seal. --~--.:fl.._~~.:...___ Not,a.'7 Public My commission expires ----~~-3j~b~_______. PUBLISHED ON: 06/04 TOTAL COST: FILED ON: 363.91 06/09/04 ,The proposed amendments would amend and reiord8ln the following sections of Chapter 31, SubdMslons, and Chepter 38.1, Zoning, of the Code of the City of Roanoke (1979), as amended; f31-4, Definitions; subsection (b) of 531-5, Administration of chlpter generally: general powers and duties of agent; f31-S, Application of and compliance with chapter gen- erally, by amencling subsection (b) and IIddlnc subsection (e); f31.8, Lot or parcel boundlry line relocation, adjustm8flt or alteration; sub8ectlons (a) and (b) o1f31-25. Pre-preliminary oonferencejaketchplan;f31. 28, PreIImlnllty plan g<enerelly, 531-27, Subdivision and con- tents ofpreUmlnary plln; sub. sectlons (c){1),ll'ld (e)(1)(Il) of 531-28, ApI)r'OV8I or dlsap- provalofpreNmlnaryplat;sub. S8Ctlons (a),(h) ancl (I) of f31- 29,AddItlonII matetlal as part of prellmtnary plan; subeectlon (a) of 131-32, FIling of final plat; by amending subsectlon (b) and (c) of f31-33, APpnw- ai, distribution and recording offlnatplat genfO...." : f31-38, I Effect.ofrecOldlngplatsaa.. ,landstt;apartforpubHcuse; subsectlon(e) off31-39, Fees - - - -. forpl81:'lWIew:eubsectloM{a) and {b)"of' 531-54, Off-tract S8W1rBIIt and draln&ge teeRl- tles;~ne(d),Ol,and (k)off31~,Lot:sibulld/ngo, setblckllnes;.ubsectlona(a), (b), (e),end' (d) off31-74, 1JtiI- !tin: f3i-86, In 18rleIa1; sub. sectlora' (4) and (15) of 531. 104, "rerequlsltes to eommem:ement of .radln~ operatk:tta; f31-105, Guarant) for COMpletion of Improve. ments, by amending subsec. tlons (a)(l), (a)(2), (aH3), (a)(4), ind (a)(5) lInd addIl1! lubHCtlon {d}; f31-108, UtlIIt)' Installattonsto be ,(llxripleted prior to DccUpency of dwelling; 531-101, Inspections; and f31.122; UtIlity E8Ienlentl, of Chltpter 31. SulxfMsJona, of the Code of the City of Roanoke (1979), .. amended, to aohliMI varlouapurposes, Ineludlnillm8l'ldlngandaddlq eerteln deflnltlons, updatlna references to the state code and the CIty Code, adding ref. erences tottle Western VIr- , glnla water Authority, clartfylnj and arnendlnSthe 11tIpOl'ISlt)l1l. tlesOf~eaenttothePlen. nlng CommlSllOn with respecl to subdMsIons, and amencllrlli ftllngproceduresWlthra&PeC1 tosubclfWsionPlatsandplarn as a result of the creation 0 the W81t8m Vlrglnla - Wate. Authortty;ahd 538.1-2,$, Oeftnltlons; subsee tJon {b)' of 538.1-576, Submls- slon'Procedures: comprehen. slve ~evalopment plan: 538.1-!518, Signature requlRl(' on epp(OVed CClmpRthenslW dlWllopment plan; and f38,l 580, Changes to apP/'OVl( develof)ment plan, ofChapte 38.1, Zoning. of the Code 0 the City of Raarme (1979), a. amended'. A . COpY of such Proposel amendMents arelVlllable tol revIew.\ll the OfI'Iceofthe CitI Clerk, Room 458, Noel C. Tai lor Mtlptclpal Building. Ques tlons aIXN,rt the content oftm Proposed.regu\al:lonshouldbf dlracted.totheotnceofPlan nlrw. Building and Develop mant, ~-1730. Ifyquifieapersonwtthadl& abiNty who needs accominoda. tlons for this heartnc. plelSf: contact~the CIty Clerk's <>met. (853.2841), before 12:00 noon on ThUl'8day, June 17, 2004. All perties In Interest mil) appear on the above date and be I'Ieard on the question. GIVEN under my hand thls 25th dey of May, 2004. MaryF, Parker, CltyClerk, (2377.23:1) --------------------------------------------------+--------------------------- Authorized~..IJ ~LAJk.IJI'I/n" Signature'_~~~~-~~J~-, Billing Services Rep~esentative ., '~l ~'j I i 0'1 s'de . NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of 915.2-2204, Code of Virginia (1950), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, June 21, 2004, 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 amendments and revisions to Chapter 31, Subdivisions, and Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended. The proposed amendments would amend and reordain the following sections of Chapter 31, Subdivisions, and Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended: ~31-4, Definitions; subsection (b) of ~3l-5, Administration of chapter generallv: general powers and duties of agent; ~3l-6, Application of and compliance with chapter generally, by amending subsection (b) and adding subsection ( e); ~3l-8, Lot or parcel boundary line relocation. adiustment or alteration; subsections (a) and (b) of ~3l-25, Pre-preliminary conference: sketch plan; ~3l-26, Preliminary plan generallv; ~3l-27, Subdivision and contents of preliminary plan; subsections c(l), and (c)(1 )(ii) of ~3l-28, Approval or disapproval of preliminarv plat; subsections (a), (h) and (i) of ~3l-29, Additional material as part oforeliminarv plan; subsection (a) of ~3l-32, Filing of final plat; by amending subsection (b) and ( c) of ~3l-33, Approval. distribution and recording of final plat generallv: ~3l-36, Effect of recording plats as to land set apart for public use; subsection ( c) of ~3l-39, Fees for plat review; subsections (a) and (b) of ~3l-54, Off-tract sewerage and drainage facilities; subsections (d), 0), and (k) of ~3l-68, Lots: building or setback lines; subsections (a), (b), (c), and (d) of ~31-74, Utilities; ~3l-86, In general; subsections (4) and (5) of ~31-104, Prerequisites to commencement of grading operations; ~31-105, Guaranty for completion of improvements, by amending subsections (a)(1), (a)(2), (a)(3), (a)(4), and (a)(5) and adding subsection (d); ~31-106, Utilitv installations to be completed prior to occupancv of dwelling: ~31-107, Inspections; and ~31-122, Utilitv Easements, of Chapter 31, Subdivisions, of the Code of the City of Roanoke (1979), as amended, to achieve various purposes, including amending and adding certain definitions, updating references to the state code and the City Code, adding references to the Western Virginia Water Authority, clarifying and amending the responsibilities of the agent to the Planning Commission with respect to subdivisions, and amending filing procedures with respect to subdivision plats and plans as a result of the creation of the Western Virginia Water Authority; and 36.1-25, Definitions; subsection (b) of S36.1-576, Submission procedures: comprehensive development plan; S36.1-578, Signature required on approved comprehensive development plan; and S36.1-580, Changes to approved development plan, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended. A copy of such proposed amendments are available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building. Questions about the content of the proposed regulation 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, June 17,2004. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 25thdayof Mav ,2004. Mary F. Parker, City Clerk. Notice to Publisher: Publish in the Roanoke Times once on Friday, June 4, 2004, and Friday, June II, 2004. Send bill and affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 240 II (540) 853-2541 Notice to Publisher: Publish in the Roanoke Tribune once on Thursday, June 10,2004. 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, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk June 28, 2004 File #27-166-468-472 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 36758-062104 authorizing execution of an Operating Agreement, dated July 1, 2004, among the City of Roanoke, the County of Roanoke and Western Virginia Water Authority; authorizing the conveyance of certain parcels of land, both within and without the City, and the transfer of tertain vehicles and other equipment, upon certain terms and conditions, as contemplated in the Operating Agreement; and authorizing certain other actions. The abovereferenced measure was adopted by the Council ofthe City of Roanoke at a regular meeting which was held on Monday, June 21, 2004, and is in full force and effect upon its passage. sn:Y~Jf~ Mary F. Parker, CMC City Clerk MFP:ew Attachment Darlene L. Burcham June 28, 2004 Page 2 pc: Diane S. Childers, Clerk, Roanoke County Board of Supervisors P. O. Box 29800, Roanoke, Virginia 24018-0798 Bruce Grant, Director of Finance and Administration, Western Virginia Water Authority, c/o County of Roanoke, 5204 Bernard Drive, Suite 300-C, Roanoke, Virginia 24018 Jean M. Thurman, Secretary, Board of Directors, Western Virginia Water Authority Jesse A. Hall, Director of Finance George C. Snead, Jr., Assistant City Manager for Operations Michael T. McEvoy, Director of Utilities Dana Long, Manager, Billings and Collections John Elie, Director of Technology Kenneth S. Cronin, Director of Human Resources Jeffery Powell, Director of General Services Robert K. Bengtson, Director, Public Works Sherman M. Stovall, Director, Office of Management and Budget ~~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of June, 2004. No. 36758-062104. AN ORDINANCE authorizing execution of an Operating Agreement, dated July 1, 2004, among the City of Roanoke, the County of Roanoke and Western Virginia Water Authority; authorizing the conveyance of certain parcels ofland, both within and without the City, and the transfer of certain vehicles and other equipment, upon certain terms and conditions, as contemplated in the Operating Agreement; authorizing certain other actions; and dispensing with the second reading by title paragraph of this ordinance WHEREAS, the City and the County have created the Western Virginia Water Authority, and believe the Authority to be the best vehicle for ensuring the citizens of their localities the most reliable means of providing water and wastewater treatment at the lowest cost and best rate for customers as well as providing the best service; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager, the Mayor, and the City Clerk are hereby authorized to execute, and to seal and attest, respectively, an Operating Agreement, dated July 1, 2004, among the City of Roanoke, the County of Roanoke, and the Western Virginia Water Authority, which agreement, among other things, provides for the conveyance of certain parcels of land, within and without the City, and the transfer of certain vehicles and other equipment, as contemplated in the Operating Agreement, upon certain terms and conditions, all of which are more particularly described in the City Manager's letter to Council dated June 21,2004. H:\MEASURES\O-WESTERNVIRGINlA WATERAUTHORITY AGREEMENTEXECUTION. I.OOC 2. . The Operating Agreement among the City of Roanoke, the County of Roanoke, and the Western Virginia Water Authority shall be in substantially the same form as that which is attached to the above referenced City Manager's letter to Council, and shall be approved as to form by the City Attorney. 3. The City Manager is authorized to take appropriate measures to implement the terms and conditions of the Operating Agreement, including execution of an agreement with the Western Virginia Water Authority assigning various contracts of the City, as provided in the Operating Agreement. 4. Pursuant to 912 of the Roanoke City Charter, the second reading by title paragraph of this ordinance is hereby dispensed with. ATTEST: ~ ~ ~ j rw..~"- City Clerk. H:\MEASURES\O-WESTERNVlRGINIAWATERAUTHORITYAGREEMENTEXEClTl'ION. I ,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 June 21, 2004 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: Agreement among Roanoke, Roanoke County, and the Western Virginia Water Authority with Regard to Disposition of Assets and Liabilities The attached agreement defines the rights and obligations of the City of Roanoke, Roanoke County, and the Western Virginia Water Authority for management of area water and wastewater resources. It details the real property, personal property, assets, debt, and other liabilities being transferred to the Authority as well as requirements of the Authority to manage and operate the water and wastewater systems of the City and County for the benefit of both localities' citizens, effective July 1, 2004. This document represents the efforts of more than 250 City and County employees working together in 22 teams over 16 months to finalize the details in the creation of the Western Virginia Water Authority. The leadership provided by the Mayor and Members of City Council and the Council-Appointed Officers has been invaluable. While many city departments were involved in the Authority's inception and development, special recognition is due the Departments of Technology, Finance, Human Resources, General Services, Public Works and City Attorney's Office, as well as to the employees of the Department of Utilities and the Office of Billings and Collections who will become Authority employees. Recommended Actions: Authorize the Mayor and City Manager to execute the attached agreement with the Western Virginia Water Authority and Roanoke County. Respectfully submitted, DLB/mtm 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 Dana Long, Manager, Billings and Collections John Elie, Director ofTechnology Ken Cronin, Director of Human Resources Jeffery Powell, Director of General Services Bob Bengtson, Director of Public Works CM04-0107 OPERATING AGREEMENT Among WESTERN VIRGINIA WATER AUTHORITY And CITY OF ROANOKE, VIRGINIA And COUNTY OF ROANOKE, VIRGINIA Dated as of June 30, 2004 OPERATING AGREEMENT THIS OPERATING AGREEMENT, dated as of June 30, 2004 (the "Agreement"), is made among the CITY OF ROANOKE, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "City"), the COUNTY OF ROANOKE, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "County"), and the WESTERN VIRGINIA WATER AUTHORITY (the "Authority"), a public body politic and corporate of the Commonwealth of Virginia, WITNESSETH: WHEREAS, a recent drought and the need to ensure the long-term supply of water in the Roanoke Valley, and the need to expand and upgrade the wastewater treatment facility currently serving the Roanoke Valley, have focused the need for a regional approach to the provision of water and wastewater treatment services; WHEREAS, after extensive discussions, representatives of the City and the County have concluded that a "full service" water and wastewater authority would be the best vehicle for ensuring the citizens of their localities the most reliable means of providing water and wastewater treatment at the lowest cost and best rate for customers, as well as providing the best servIce; WHEREAS, the Virginia Water and Waste Authorities Act, Title 15.2, Chapter 51, ;);)15.2-5100, et seq., Code of Virginia (the "Act"), provides full authority for the City and the County to create an independent authority that would be responsible for the supply, treatment, distribution and transmission of water and the collection and treatment of wastewater; WHEREAS, the City and the County have created the Western Virginia Water Authority (the "Authority"), guided by the following principles: 1 1. That the assets and liabilities of the City and of the County water and wastewater utilities would be merged into one full service authority created pursuant to the Act, to be responsible for the supply, treatment, distribution, and transmission of water and the collection and treatment of wastewater. 2. In establishing and operating the Authority: a. Both localities would have equal representation on the Authority's governing body. b. The assets and liabilities of the City and the County utility systems would be pooled. c. Over a mutually agreeable period oftime, the water and wastewater treatment rates of the City and the County will be equalized; WHEREAS, in incorporating the Authority, the City and the County agreed that the purposes for which the Authority was created are to exercise all the powers granted the Authority to acquire, finance, construct, operate, manage and maintain a fully integrated water, wastewater, sewage disposal, and related facilities pursuant to the Act. While the Authority is also authorized by its Articles of Incorporation to acquire, finance, construct, operate, manage and maintain a stormwater control system and related facilities, pursuant to the Act, the City and the County desire to and do hereby retain the operation and management of their respective stormwater management systems and programs for an indefinite period; WHEREAS, the City and the County have agreed that the initial principal office of the Authority will be at 2012 South Jefferson Street, Suite 200, Roanoke, Virginia 24014; WHEREAS, the City and the County have agreed to convey the System, as herein defined, to the Authority; and, 2 WHEREAS, the Authority agrees to accept the System from the City and the County, and to use and operate the System for the benefit of the citizens, businesses and other persons in the City, the County, and elsewhere. NOW, THEREFORE, in consideration of the foregoing and the representations, warranties, and agreements contained herein, the City, County and the Authority agree as follows: ARTICLE I DEFINITIONS Section 1.1 Definitions The following words and terms have the following meanings unless the context otherwise requires: "Authority" means the Western Virginia Water Authority. "Closing" means the closing of the transactions contemplated III this Agreement as provided in Section 8.1. "Closing Date" means the time and date ofthe Closing as determined pursuant to Section 8.1. "City" means the City of Roanoke, Virginia. "County" means the County of Roanoke, Virginia. "Localities" means the City of Roanoke and the County of Roanoke collectively. "System" means all of the City's and the County's water and sewer systems as defined in Section 2.1. "Real Property" means the real property included in the System as identified on Exhibit A (real property of the City to be conveyed to the Authority) and Exhibit B (real property of the County to be conveyed to the Authority), both of which exhibits are attached hereto. "Rights and Privileges" means all of the licenses, possessory interests, unwritten easements and other rights and privileges, including judgments, possessed, owned or 3 enjoyed by the Localities as of the date of this Operating Agreement in the current operation of the System including, but not limited to, easement rights where parts of the System are on property owned in fee by either of the Localities or where no formal, written easements have been conveyed. ARTICLE II PURCHASE AND SALE OF SYSTEM Section 2.1. Purchase and Sale of System At the Closing, the Localities agree to sell, assign, transfer, convey, and deliver to the Authority, and the Authority agrees to purchase, accept and acquire from the Localities, the System, as defined herein, in its then "as is" condition, including, without limitation, (i) all of the Real Property and equipment and the Rights and Privileges described on Exhibits A and B attached hereto, together with any easements or any other interest in land owned by the Localities for installation and location of any portion of the System or otherwise used by the Localities in operating and maintaining the System, (ii) all such assets hereafter acquired by the Localities and used as part of the System prior to the Closing, (iii) all federal, state and local governmental licenses, permits, and other authorizations and approvals (to the extent that they are transferable) held by the Localities which are necessary for or used in the operation of the System, (iv) the rights of the Localities under all contracts and leases relating to the System (to the extent that they are transferable), (v) all current employees in good standing of the Localities who are employed to operate the System, and (vi) any and all personal property and cash, securities, software, inventories, intangible assets, and accounts receivable relating to the System, including amounts on deposit in the City's and the County's respective water and waste water enterprise funds. Such assets, employees, and property to be sold and transferred will be hereinafter referred to collectively as the "System." 4 Section 2.2 Assumed Liabilities At the Closing, the Authority will assume the then-existing liabilities and obligations of the Localities relating to the System which were incurred in the ordinary course of business of the Localities, a list of which is set forth on Exhibits C (City), and D (County), however, the Authority will not assume any liabilities with respect to (i) income and franchise taxes, (ii) violations of federal, state or local law, (iii) breaches of contract which occurred before Closing, (iv) matters which do not relate to the System, or (v) any long term debt incurred in connection with the System, except as set forth in Section 2.3. After the June 30, 2004, audits of the Localities are complete, the Localities will update Exhibits C and D to reflect the then-existing liabilities and obligations to be assumed by the Authority. Section 2.3 Localitv Compensation Payments (a) The Authority shall pay to the Localities amounts equal to the scheduled payments of principal and interest due on bonds issued by the Localities in connection with the System which are currently outstanding (the "Locality Compensation Payment"). Such payments shall be paid in the amounts and five working days before the dates shown on Exhibit F (City) and G (County) attached hereto and shall be made in funds which are immediately available to the Localities. The Authority may prepay the amounts in accordance with the same terms and rates of the obligations as shown on Exhibits F and G but such prepayments shall not relieve the Authority of its obligation to pay the remaining amounts shown in full. If either of the Localities prepay or refund any of such bonds and realizes net debt service savings, such Locality shall reduce the payments shown on Exhibit F and G to reflect such net debt service savings. In the event the Authority determines to amend, refinance, refund or otherwise modify such obligations as are shown on Exhibits F and G, the Localities will cooperate with the Authority at no cost to the Authority. 5 (b) Such payments shall be made exclusively from revenues received by the Authority from rates, fees, and other charges paid by users of its water and sewer systems and available to it for such purpose. The Authority agrees to fix, charge, and collect rates, fees and other charges from users of its water and sewer systems that will be sufficient to make such payments and to pay all expenses of and other charges against its water and sewer systems and to revise the same from time to time as may be necessary. Anything herein to the contrary notwithstanding, the Authority may make such payments from the proceeds of any bonds issued by it for such purpose. It is the intent of the parties to transfer the revenue bond debt ofthe Localities' System to the Authority. If this transfer is not completed by July I, 2004, the Authority shall pay to the Localities amounts equal to the scheduled payments due on such bonds in accordance with the provisions of this section. In addition the Authority shall comply with the revenue covenants in the financing agreements or the trust indentures for these revenue bonds. The Locality Compensation Payments shall be on parity with these revenues bonds. Section 2.4 Collection of Accounts Receivable The Localities agree that the Authority has the right to receive all payments for services furnished by the System collected on or after the year-end closing procedures for the year ending June 30, 2004, including all payments for services for the Localities' prior billings, and such amounts will be paid promptly to the Authority. The obligation to pay any payments that either Locality may owe to the other for water or waste water service rendered prior to July 1, 2004, is hereby forgiven. ARTICLE III REPRESENTATIONS AND WARRANTIES OF THE LOCALITIES The Localities represent and warrant to the Authority the following as of the date of this Agreement except as otherwise provided: 6 Section 3.1 Authoritv Relative to this Al!reement The Localities each have the power and authority to execute and deliver this Agreement, to sell and convey the System to the Authority, to carry out their duties and obligations under this Agreement and to consummate the transactions contemplated hereby. The execution and delivery of this Agreement by the Localities and the consummation by the Localities of the transactions contemplated hereby have been duly authorized by the Localities' governing bodies. No other proceedings on the part of the Localities are necessary to authorize this Agreement and the transactions contemplated herein. Section 3.2 Non-Contravention The execution and delivery by the Localities of this Agreement does not, and the consummation of the transactions contemplated hereby will not, (i) violate or result in a breach of any provision of the Localities' charters, (ii) violate or constitute a default under the terms, conditions or provisions of any note, bond, mortgage, lien, lease, agreement, license, indenture, instrument, or other instrument or obligation to which the Localities are a party or by which the Localities or the System is bound, or (iii) violate any order, writ, injunction, arbitration award, judgment, decree, statute, rule or regulation applicable to the Localities or the System. Section 3.3 No Litil!ation Except for certain negotiations with the Virginia Department of Environmental Quality concerning a Consent Order relating to the rehabilitation of the Localities' integrated sewer collection system and the regional treatment plant, there are no actions, suits, claims, investigations or proceedings (legal, administrative or arbitrative) pending, or to the best of Localities' knowledge threatened, whether at law or in equity and whether civil or criminal in nature, before any court, arbitrator, or any governmental department, commission, agency or instrumentality which would have a material adverse affect upon: (i) any license, grant, 7 assignment, franchise, right-of-way, easement, or right reasonably necessary for the ownership and operation of the System; or (ii) the ability of each locality to perform its obligations under this Agreement. Furthermore, there are no existing judgments, orders, or decrees of any such court, arbitrator, governmental department, commission, agency or other instrumentality which have or would have a material adverse effect as described in the preceding sentence. Section 3.4 Consents and Approvals Other than as contemplated herein, no notice, consent, approval, waiver or other action of any kind is required to be obtained by the Localities by virtue of the execution hereof by the Localities or in connection with the consummation of any of the transactions contemplated herein. Section 3.5 Licenses and Permits; Compliance with Laws The Localities have obtained and hold all licenses, certificates, permits, franchises, approvals and rights from appropriate federal, state or other public authorities required to own and operate the System and to conduct its business as such business is now being conducted and for the services it provides. The Localities agree to cooperate with the Authority in transferring all permits necessary for the operation of the System to the Authority. Section 3.6 Personal Property (a) Motor vehicles. On July 1, 2004, the Localities shall transfer, convey, and deliver to the Authority title to those motor vehicles identified in Exhibit H (vehicles of City to be transferred to Authority) and Exhibit I (vehicles of County to be transferred to Authority). Such transfer shall only occur on July 1, 2004, if the Authority has in place motor vehicle liability insurance for such vehicles satisfactory to the Localities. If such insurance is not in place on July 1,2004, such transfer of title shall not occur until such insurance is in place. These vehicles shall be transferred to the Authority "as is" with no warranties. 8 (b) Equipment. On July I, 2004, the Localities shall transfer, convey, and deliver to the Authority that equipment and office furnishings identified in Exhibits J (equipment and furnishings valued at over $5,000 to be conveyed to the Authority by the City) and Exhibit K (equipment and furnishings valued at over $5,000 to be conveyed to the Authority by the County), as well as all other equipment, office furnishings, and tangible personal property of lesser value used in connection with the System. This equipment shall be transferred to the Authority "as is" with no warranties. Section 3.7 Title to Real Propertv (a) The Localities will, as part of the sale of the System to the Authority, convey the parcels of Real Property described in Exhibits A and B. The Localities will convey title to this real property by Special Warranty deed, subject to any and all encumbrances and easements of record. The Localities may reserve the right to use for public recreational purposes some of the real property to be conveyed. (b) The Localities will, as a part of the sale of the System to the Authority, assign to the Authority their rights to use all water and sanitary sewer easements of record used in connection with the System. (c) The City hereby grants to the Authority a license to use the City's rights-of-way to maintain and operate the System, subject to such reasonable terms and conditions as may be established by the City. (d) So long as it would not interfere with the operation of the System, the Authority agrees to reconvey to the Localities at no cost such easements as the Localities may need on the Real Estate described in Exhibits A and B in the future for other public purposes. (e) The County reserves the right to construct and operate facilities and programs at Spring Hollow Reservoir as identified in the Recreation Master Plan for Spring Hollow 9 Reservoir and approved by the County on December 3, 1996. All construction shall be coordinated through the Authority. (f) The City reserves the right for its residents, and those of Roanoke County, to continue to use the property at Carvins Cove conveyed to the Authority for public recreation uses such as, but not limited to, boating, fishing, bicycling, picnicking, horseback riding, and hiking, subject to such reasonable regulations and user fees as may be established by the Authority. (g) The City agrees to maintain all recreational facilities including tennis courts, public restroom facility, associated fencing, walkways, lighting, and landscaped areas at the Crystal Spring Water Treatment Plant. Section 3.8 No Violations of Law To the best of the Localities' knowledge, their participation in this Agreement does not cause a violation of any federal, state or local law, statute, rule, regulation or ordinance related to or in any way connected with matters contained in this Agreement. Section 3.9 All Assets The Localities represent and warrant that they are conveying to the Authority all of the assets of the System owned by the Localities which are currently used for the operation and maintenance of the System, except as otherwise specifically agreed to by the parties. Section 3.10 1999 Water Al!reement. This Agreement and the creation of the Authority supersede the provIsIOns of the September 30, 1999, agreement between the Localities relating to the sale of water, joint use of certain water and sewer lines, and metering water flow, and that agreement is terminated effective July I, 2004. 10 ARTICLE IV REPRESENTATIONS AND WARRANTIES OF THE AUTHORITY The Authority represents and warrants to the Localities the following as of the date of this Agreement, except as otherwise provided: Section 4.1 Authoritv Relative to this Ae:reement The Authority has the power and authority to execute and deliver this Agreement, to carry out its duties and obligations under this Agreement and to consummate the transactions contemplated hereby. The execution and delivery of this Agreement by the Authority and the consummation by the Authority of the transactions contemplated hereby have been duly authorized by the Authority's governing body. No other proceedings on the part of the Authority are necessary to authorize this Agreement and the transactions contemplated herein. Section 4.2 Non-Contravention The execution and delivery by the Authority of this Agreement does not, and the consummation of the transactions contemplated hereby will not, (i) violate or constitute a default under the terms, conditions or provisions of any note, bond, mortgage, lien, lease, agreement, license, indenture, instrument, or other instrument or obligation to which the Authority is a party or by which the Authority is bound, or (ii) violate any order, writ, injunction, arbitration award, judgment, decree, statute, rule or regulation applicable to the Authority. Section 4.3 No Litie:ation No litigation, proceeding or controversy is pending against the Authority, or to the best of its knowledge threatened, before any court or any governmental agency which would have a material adverse effect upon the ability of the Authority to perform its obligations under this Agreement or the operations of the System. 11 Section 4.4 Consents and Approvals. No notice, consent, approval, waiver or other action of any kind is required to be obtained by the Authority by virtue of the execution hereof by the Authority or in connection with the consummation of any of the transactions contemplated herein. Section 4.5 No Violations of Law To the best of the Authority's knowledge, the participation of the Authority in this Agreement does not cause a violation of any federal, state or local law, statute, rule, regulation or ordinance related to or in any way connected with matters contained in this Agreement. ARTICLE V COVENANTS OF THE LOCALITIES Section 5.1 Access to Information. From the date hereof until the Closing, the Localities will afford the Authority and its authorized representatives reasonable access, during normal business hours and upon reasonable notice, to all of the assets, properties, books, records and agreements of the Localities relating to the System. The Authority will pay all costs of copying any records and all other costs incurred by the Localities in compliance with this provision. Section 5.2 Fiscal Al!ent. The Connty shall act, until such time as the Authority makes further arrangements, as fiscal agent for the Authority for a reasonable fee to be established by the Connty. As fiscal agent, the County shall process accounting and all disbursements including payroll, purchasing, general ledger and accounts payable. Authority staff shall have access to the County systems in order to provide necessary information. All cash of the Authority may be invested by the County Treasurer in a pooled cash arrangement. Investment income will be allocated to the 12 Authority on a monthly basis. Separate long term investments may be made in the name of the Authority. Section 5.3 FinanciaI/Accountine:. (a) The City agrees to transfer to the Authority its license and rights to use its Sunguard customer information, receipting, and billing system. (b) The City will provide network, PC, email, web services, data storage for billing and in general all of the Authority's necessary computer support functions, in return for reasonable charges for the costs ofthe same made to the Authority by the City. (c) The County agrees to permit the Authority to use the following County systems, for a reasonable fee to be established by the County: 1. Tier Technology Systems for accounting, purchasing, asset management, and budgeting. 2. Lawson System for payroll and human resources. Section 5.4 Fleet Manae:ement. The Localities agree to provide vehicle maintenance services and fuel to the Authority, at such reasonable rates as are mutually agreed to by the respective parties may establish either at the Localities' garages or at the Roanoke County School Division fuel facility. Section 5.5 Geoe:raphic Information. (a) The Localities will maintain parcel mapping information and provide it to the Authority in ESRI or some other mutually agreed upon format at cost. (b) The Localities will develop a site plan review process with the Authority, and make appropriate amendments to their codes in order to implement the process. 13 Section 5.6 Retirement. (a) The City agrees to permit those City employees who are covered by the City's retirement system who transfer to the Authority on July 1, 2004, to remain in such system, subject to the condition that the Authority shall make such contributions to the City's retirement plan on behalf of such employees as the City would have made if such employees had continued to work for the City. (b) County employees and new employees hired by the Authority shall be covered under the Virginia Retirement System (VRS). Section 5.7 Other Services The Authority may contract with the Localities to provide such other services as both deem appropriate for a reasonable fee. ARTICLE VI COVENANTS OF THE AUTHORITY Section 6.1. Secure N ecessarv Consents. Etc. The Authority will use its best efforts to obtain all consents, approvals and agreements required on its part to carry out the transactions contemplated by this Agreement. Section 6.2 Future Services. The Authority agrees that it shall provide water and sewer utility services to the Localities using the System, and any new additions or improvements to the System as it may undertake, at just and equitable rates to all customers. On and after July 1, 2004, the Authority will be responsible for imposing and collecting fees and charges sufficient to operate the System, as established by the Authority, including fees for water, wastewater treatment, connection fees, meter charges, and related use fees. It is the intent and recommendation of the Localities that wastewater and water rates charged their citizens by the Authority be equalized, using the six-year phase-in period and rate schedules as 14 recommended by Black and Veatch Corporation in its final rate study report dated February 20, 2004. Once equalized, such rates shall remain equal for System users in the City and the County. Section 6.3 Extensions of the System. The Authority shall not construct, establish or authorize an extension of a water or sewer transmission line that will provide multiple individual service lines or laterals, nor construct, establish or authorize any pump station or sewer force mains, unless that extension, pump station or force main is specifically approved by the City or County as being substantially in accord with that locality's adopted comprehensive plan as provided in Section 15.2-2232 of the Code of Virginia. Section 6.4 Personnel. (a) It is the intent of the Localities that all of their employees currently employed to provide services in connection with the System who are in good standing as ofJuly 1, 2004, and whose position with the City or the County is being terminated as of that date, will be offered employment with the Authority. It is the intent of the Authority to offer such employment. (b) On and after July 1, 2004, neither the City nor the County shall be responsible for the payor benefits of those employees hired by the Authority to operate the System, and the Authority shall be responsible for establishing and providing for its employees on such terms and conditions as may be established by it, if it chooses to do so, including, but not limited to the following: 1. Pay rates, job classification, and job descriptions. 2. Health insurance. 3. Dental insurance. 4. Basic and optional life insurance. 15 5. Deferred compensation plan. It is the intent of the parties that this plan be administered by the International City Managers Association (lCMA). 6. "Flex" spending accounts for medical expenses and dependent care. It is the intent of the parties that the County's administrator of its accounts, Benefit One, manage them for the Authority. 7. Long-term disability and other forms of insurance. 8. Employee assistance, training and development, and tuition assistance programs. 9. Savings bond programs. (c) The City agrees to permit employees of the Authority to receive medical services at its Health Clinic on Kirk Avenue in the City, for such period of time and for such reasonable fees as may be established by the City. Section 6.5 Secnritv Services at Carvins Cove The Authority agrees to provide at no charge security services, maintenance of fire trails, and fire planning activities for the portions of the Carvins Cove Natural Reserve being retained by the City for a period of three (3) years. This may be extended upon mutual agreement by both parties. ARTICLE VII CLOSING AND EFFECTIVE DATE Section 7.1 Time and Place of Closinl!; Effective Date a) The closing (the "Closing") of the transactions contemplated in this Agreement shall take place July 1, 2004. A pre-closing, at which time all documents, instruments and conditions required to be delivered or satisfied by this Agreement shall be delivered and satisfied, but held in escrow pending the Closing, shall take place at 10:00 a.m., Roanoke, Virginia time, on at the offices of , or at such other time, date and/or place as may be mutually agreed upon in writing 16 by the parties hereto (the time and date of closing determined as provided herein being hereinafter referred to as the "Closing Date"). (b) This Agreement shall take effect when executed by the Localities. The Authority shall commence operation, and the Localities shall be relieved of all of their obligation to manage, maintain, and operate the System at 12:01 a.m. on July 1, 2004. The Authority may undertake action, as necessary, to put in place operational systems before July 1, 2004, so that such System will be functional on that date. ARTICLE VIII MISCELLANEOUS Section 8.1 Expenses; Closinl! Costs All expenses incurred by or on behalf of the parties hereto in connection with the authorization, preparation, execution and consummation of this Agreement, including, without limitation, all fees and expense of agents, representatives, counsel and accountants employed by the parties hereto, shall be borne solely by the party who shall have incurred the same, except as otherwise expressly provided in this Agreement. The Authority shall be responsible for all recording fees, if any, incurred in connection with the conveyances to the Authority pursuant to this Agreement. Section 8.2 Cooperation The parties hereto agree to cooperate in making effective the transactions contemplated hereby, and each ofthem will, at the request of the other, join in taking any action which, though not specified herein, may be reasonably required to be taken in order to consummate the transactions contemplated hereby. Section 8.3 Further Assurances From time to time after the Closing, the Localities will. execute such additional instruments of assigmnent and conveyance and other documents and take such other actions as 17 may be necessary or appropriate to carry out the intent of this Agreement and to vest title or convey rights in and to the System in the Authority. Section 8.4. Notices Any and all notices herein provided for or relating to the transactions herein provided for will be in writing and will be deemed to have been sufficiently given to the City and the County if delivered by hand or mailed, postage prepaid, by first class mail, addressed to: City Manager City of Roanoke 215 Church Avenue 364 Noel C. Taylor Municipal Building Roanoke, Virginia 24011 County Administrator County of Roanoke 5204 Bernard Drive, S.W. Roanoke, Virginia 24018 and to the Authority if delivered by hand or mailed, postage prepaid, by first class mail, addressed to: Director, Western Virginia Water Authority 2012 South Jefferson Street, Suite 200 Roanoke, Virginia 24014 Section 8.5 Headine:s Section and subsection headings in this Agreement are for convenience only and are not to be construed as a part hereof or in any way limiting or amplifying the provisions hereof. Section 8.6 Entire Ae:reement; Modification This Agreement constitutes and contains the entire agreement of the parties hereto and supersedes any and all prior negotiations, correspondence, understandings, and agreements between the parties respecting the subject matter hereof and may not be modified, altered or changed in any manner whatsoever except by written agreement between the parties hereto. 18 Section 8.7 Counterparts. This Agreement may be executed in several counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. Section 8.8 Successors and Asshms This Agreement will inure to the benefit of and be binding upon the successors of any party hereto, but no right or liability or obligation arising hereunder may be assigned or transferred by any party except by operation of law. Section 8.9 Governin!! Law This Agreement and the transactions contemplated hereby will be governed by and construed and enforced in accordance with the laws of the Commonwealth of Virginia. Section 8.10 Survival of Representations. Warranties and A!!reements. The representations, warranties and continuing agreements of the Localities and the representations, warranties and continuing agreements of the Authority made in this Agreement and in the documents delivered pursuant hereto will survive the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby. IN WITNESS WHEREOF, the City and the County, and the Authority have caused this Operating Agreement to be executed in their names by their duly authorized officers as of the date first above written. CITY OF ROANOKE, VIRGINIA COUNTY OF ROANOKE, VIRGINIA By Ralph K. Smith, Mayor By Richard C. Flora, Chairman ATTEST: CITY OF ROANOKE, VIRGINIA Mary F. Parker, City Clerk By Darlene L. Burcham, City Manager 19 ATTEST: COUNTY OF ROANOKE, VIRGINIA By Diane S. Childers, Clerk Elmer Hodge, County Administrator ATTEST: WESTERN VIRGINIA WATER AUTHORITY By Secretary Chair APPROVED AS TO FORM: APPROVED AS TO FORM: City Attorney County Attorney APPROVED AS TO EXECUTION: APPROVED AS TO EXECUTION: City Attorney County Attorney APPROVED AS TO FORM: APPROVED AS TO EXECUTION: Authority Counsel Authority Counsel 20 Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J Exhibit K LIST OF EXHIBITS TO OPERATING AGREEMENT AMONG WESTERN VIRGINIA WATER AUTHORITY AND CITY OF ROANOKE AND COUNTY OF ROANOKE Real Property of City to be Conveyed to Authority Real Property of County to be Conveyed to Authority List of City Obligations/Liabilities to be Assumed by Authority List of County Obligations/Liabilities to be Assumed by Authority Instrument of Assumption of Liabilities Deleted Schedule and Amounts of Payments of Principal/Interest on Bonds to be Paid to City Schedule and Amounts of Payments of Principal/Interest on Bonds to be Paid to County List of City Vehicles to be Transferred to Authority List of County Vehicles to be Transferred to Authority Equipment and Furnishings valued at over $5,000 to be Conveyed to Authority by City Equipment and Furnishings valued at over $5,000 to be Conveyed to Authority by County H:\A1vfISC\A-OperatingAgreementWVW AExhibitsList.doc Parcels Within City of Roanoke To Be Conveyed to Water Authority Item Name Parcel Id Comments Sports Complex Well 1040401 Approx. 30,909 SF to transfer - see Exhibit #11 Fire Station #8 Well 1051601 Approx. 5,224 SF to transfer - see Exhibit #19 Peakwood Pump Station 1090604 Entire parcel to transfer Lakewood Pump Station 1350601 Approx. 7,976 SF to transfer - see Exhibit #9 Jefferson Hills Lift Station 1390216 Entire parcel to transfer Park Lane Lift Station 1400214 Entire parcel to transfer Grandin Court Tanks 1570101 Approx.1 ()4,485 SF to transfer - see Exhibit #33 (SF to be reduced) Round Hill Reservior 2151222 Entire parcel to transfer Delray Pump Station 2280202 Entire parcel to transfer Carroll Avenue Tank 2330901 Entire parcel to transfer Washington Heights Tank 2770406 Entire parcel to transfer Sand Road Borrow Pit 3250229 Entire parcel to transfer 3250429 Entire oarcel to transfer 3250430 Entire parcel to transfer 3250431 Enlire oarcel to transfer 3250432 Entire parcel to transfer 3250433 Entire oarcel to transfer 3250505 Entire oarcel to transfer 3250506 Entire parcel to transfer 3250801 Entire parcel to transfer ULS Hollins Building 3280201 Entire parcel to transfer Mill Mountain Tanks 4050306 Aoorox. 4,740 SF to transfer - see Exhibit #15 4160108 Approx. 10,421 SF to transfer - see Exhibit #15 Crystal Spring Filtration Plant 4060502 Approx. 27.7 Acres to transfer - see Exhibit #12 Chaoel Forest Pumo Station 4100204 Entire oarcel to transfer Riverland Road Tank 4180102 Aoorox. 16.7 Acres to transfer - see Exhibit #21 Mount Pleasant Pump Station 4250203 Approx. 11,967 SF to Iransfer - see Exhibit #16 Garden City Well #1 4260505 Aoorox. 9,722 SF to transfer - see Exhibit #22 . , .--. - .. . .C.-' "-' . . . .. -. .~ --." -,-.,,-- ... ., Wastewater Treatment Plant 4330301 All parcel$\r'ilhsfer';: fuill\iDli!p~tC:;~I~Pl:\irfgi;Qr:l$6Ii!:lated.irifo g or!) p;\ttcels Garden City Well #3 4360401 Aoprox. 4,616.4 SF to transfer - see Exhibit #24 4360402 Aoprox. 4,434.3 SF to transfer - see Exhibit #24 Garden City Well #2 4360503 Approx. 6057 SF to transfer - see Exhibit #23 4360504 Aoorox. 8857 SF to transfer - see Exhibit #23 Muse Springs Well 4360601 Entire parcel to transfer 4360604 Entire oarcel to transfer Mount Pleasant Tank 4440737 Entire parcel to transfer Garden City Pump Station 4471209 Entire parcel to transfer Garden City Reservior 4500201 Approx. 12.6 Acres to transfer - see Exhibit #29 4510930 Aoorox. 0.3 Acres to transfer - see Exhibit #29 New Hope Well 4530206 Entire parcel to transfer 220 Tank 5380121 Entire parcel to transfer 220 Pump Station 5380122 Entire parcel to transfer "eakwood Reservior 5440102 Approx. 22,532 SF to transfer - see. Exhibit #28 ugene Drive Tank 6050503 Entire parcel to transfer 3tatesman Pump Station 7180103 Entire parcel to transfer ~CIT Tank 7320103 Entire parcel to transfer and 2.6 acre access easement on MB 1, PG 1787 EXHIBIT A Parcels Outside of City of Roanoke to Be Conveyed to Water Authority Properties Located in Roanoke County Item Name Parcelld Comments Carvins Cove Area 018.00-01-05.00-0000 Entire parcel to transfer 018.00-01-09.00-0000 Approx. 165.7 acres to transfer - see Exhibit #35 Hollins Water Tank 027.08-02-15.00-0000 Entire parcel to transfer Boxley Hills Pump Station 038.06-09-02.00-0000 Entire_parcel to transfer Sewer Line - Florist Road Area 038.11-01-01.00-0000 Entire parcel to transfer Falling Creek Pump Station Entrance 051.03-02-20.00-0000 Entire parcel to transfer Smith Spring 060.15-01-23.00-0000 Entire parcel to transfer Vi!:9inia Avenue Regulator Valve 060.20-01-12.00-0000 Entire parcel to transfer Sewage Di~osal Plant Land 070.11-01-01.00-0000 Entire parcel to transfer Franklin Road - Back Creek 107.00-01-05.00-0000 Entire parcel to transfer Properties Located in Botetourt County Item Name Parcelld Comments Catawba Tunnel Intake 85-81-B Entire parcel to transfer Carvin Cove Area 99-1 Approx. 1017.2 acres to transfer - see Exhibit #35 Tinker Creek Tunnel Intake 100-48 Entire parcel to transfer Carvin Cove Area 100-78 & 100-78A Approx. 8.6 acres to transfer - see Exhibit #35 Roa Juvenile Detention Center 108(9)2A Easement for waterline Properties Located in Bedford County Item Name Parcelld Comments Beaverdam & Fallin Creek Reserviors Parkwa Water Tank Fallin Creek 10" Waterline Water valves Bedford Co Elem School 120A 10 1371 3B Entire 155A A 68 Properties Located in Salem Item Name Parcel Id Comments Pumpin Station on Hemiock Road 224-1-5.1 arcel to transfer Portions ofCarvins Cove Natural Reserve to Transfer to the Western Virginia Water Authority In Roanoke County, tax parcel 018.00-01-05.00-0000 and portions of tax parcel 018.00- 01-09.00-0000 below the 1200 foot elevation contour including and adjacent to the backwater pool created by the Carvins Cove Dam and the southeasterly most out-parcel above and below the 1200 foot elevation contour adjacent to the backwater pool created by the Carvins Cove Dam that includes the Carvins Cove Treatment Plant. 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CO CO ,. , 0 N 0 0 , OJ , , , , , .- LO OJ .- N N N ..-- 0 0 , 0 0 0 0 0 , , f'-. , , , , , N .- '<t 0 f'-. N .- 1!) '<t f'-. 0 0 0 CD .- 0 0 0 0 0 CO C') 1!) OJ CO N '" CO LO (0 OJ LO '" 0 CO f'-. 0 N '" f'-. W Q) .,..; >! > 'c E (/) w :> 0 .,..; ctI .0: <:( - () <.9 ctI w w CIl ctI ~ e ~ "0 ~ 0 ctI ctI ctI ...: e - -l -0 () :!: 0 .!l1 CIl ~ e e "0 ::J ctI - C. ~ W ~ (/) > w ::J w c::: e - 1!) LO 0 '<t 0 ~ OJ f'-. ..-- N ~ CO . 0 0 1!) '<t (0 0"0 N CO 1!) (0 .- 0 LOa::: (0 0 .- '<t :f; ~ .t:: '0 :::; .t:: '6 2 ~ :::; ctI W > W ~ ~ u.. CIl ~ Q) e OJ a::: w ~ ctI - a::: CL (/) l- e Q) Q) Q) (/) W ~ (/) Q) E -'" Q) E ~ S (/) - ctI () ctI Q) ctI ctI -l <:( 2: Q) - > <.9 ~ ~ "0 Q) (/) 0 I- w ctI ~ "0 Q) ctI ~ LL <.9 e ~ "0 "0 () ctI W Q) 0 e e Q) w - - ~ ctI ctI 0 ~ ::J .<= .<= S S S (/) l- I- ::J , Roanoke Liabilitv Water Accounts Payable Accrued Interest Payable Accrued Payroll Deferred Refundable Contributions Consumer Deposits Employee Leave Liability Unamortized Bond Premium $ 3,324 207,914 212,931 189,201 105,715 265,811 322,042 $ 1,306,938 Outstanding Purchase Orders $ 432,192 Water Pollution Control $ 28,892 163,993 110,142 -0 -0 121,527 310,340 $ 734,895 $ 25,356,689 Exhibit C EXHIBIT C Exhibit D County of Roanoke Liabilities and Obligations Water Fund SUB GL SUBSID ENDING FUND FUND ACCT ACCT BALANCE TITLE 610 610 2201 (1,834.03) Vouchers Payable 3344 (4,603,00) Outstanding Encumbrances 630 631 2201 (20,173.61) Vouchers Payable 2203 203001 (148,349.47) Accrued Vacation & Sick Pay 2210 210005 (13,178.03) Trevillian Rd Loan Pub Part 2210 210009 (60,540,64) Mtn Heights Loan Pub Part 2210 210010 (26,843.91) Richland Hills Loan Pub Part 2210 210014 (23,831,03) Beaumont Rd Loan Public Part 2210 210015 (47,320,00) Loan from GF-Stable Rd Water 2210 210017 (12,380,03) Webster Rd Waterline Public Wk 2210 210018 (7,182.36) South Drive Water Pub Wks Loan 2210 210020 (16,316.28) Paint Bank Water-Pub Wks Loan 2210 210022 (10,965.00) Joe Carroll Rd - Pub Wks Water 2210 210023 (46,460.00) Glenvar Height - Pub Wks Water 2210 210024 (20,620.00) Amanda Lane - Pub Wks Water 2214 214001 (1,091.67) Accrued Interest Payable 2214 214002 (4,482,189,59) 1991 Issue - Zero Coupon Bonds 2214 214010 (8,426.67) 2001 VRA Revolving Loan 2227 227004 (639,330,94) Def Rev-Connection Fees 2227 227007 (3,164.10) Def Rev- Trevillian Rd 2227 227009 (2,643.76) Def Rev-Richland Hills 2227 227016 (136,795.56) Def Rev-Little Brushy 2227 227017 (49,866.76) Def Rev-Clearbrook 2227 227018 (13,089.69) Def Rev-Beaumont Rd. 2227 227021 (2,019,99) Def Rev - South Drive 2227 227023 (6,855.47) Def Rev - Joe Carrol Rd Water 2227 227024 (3,655.00) Def Rev - Paint Bank Water 2230 230001 (477,916.00) Customer Deposits 2232 232003 652,704.56 1993A Refunding Discount 2232 232004 297,117,06 1993B Refunding Discount 2233 223301 (12,323.37) 2003 Bond Premium 2234 234001 3,165,040,29 1993a Refunding Loss 2234 234002 1,575,463.43 1993b Refunding Loss 2234 234005 21,292.00 2003 Refunding Loss 2261 261002 (5,005,943.75) 1991 Revenue Bonds Payable 2261 261003 (33,370,000,00) 1993A Refunding Bonds 2261 261004 (17,415,000.00) 1993b Refunding Bonds 2261 261005 (787,427,55) 2001 VRA Revolving Loan 2261 261006 (470,000.00) 2003 General Obigallon Bond 3344 (15,388.49) Outstanding Encumbrances 630 637 1145 145002 (550,596.03) Prepaid Prine - 91 Rev Bonds 1145 145003 (58,333.37) Prepaid Prine - 93a Refunding 1145 145004 (104,999,96) Prepaid Prine - 93b Refunding 2214 214001 (774,651.17) Accrued Interest Payable 2214 214003 (280,589.72) 1993B Refunding Accrued Intere 2214 214004 (552,567.12) 1993A Refunding Accrued Intere 630 645 2201 (3,903,95) Vouchers Payable 3344 (14,500.00) Outstanding Encumbrances EXHIBIT D CityofRolUloke Debt Payments Relevant to Water Authority 2003 Bonds Interest WaterPollutloDControlFund '94 Bonds (non-refunded portion) Principal Interest Total Total Principal Total 375,000 18,095.00 393,095.00 45,000 275,231.25 320,231.25 - 9,282.50 9,282.50 274,781.25 274,781.25 395,000 9,282.50 404,282.50 95,000 274,781.25 369,781.25 - 273,831.25 273,831.25 510,000 273,831.25 783,&31.25 268,731.25 26&,731.25 - 525,000 268,731.25 793,731.25 263,481.25 263,481.25 535,000 263,481.25 798,481.25 - 255,456.25 255,456.25 - - 555,000 255,456.25 810,456.25 - 248,518.75 248,518.75 - - 570,000 248~518.75 ..$'UI;5_18.75 - , - - 234,268.75 234,268.75 - - 605,000 234,268.75 839,268.75 - - 219,143.75 219,143.75 - 640,000 219,143.75 859,143.75 203,143.75 203,143.75 - 670,000 203,143.75 873,143.75 - 186,393.75 186,393.75 - - 700,000 186,393.75 886,393.75 - 168,893.75 168,893.75 - - - 740,000 168,893.75 908,893.75 - 156,868.75 156,868.75 - - 170,000 156,868.75 926,86&.75 - - 143,393.75 143,393.75 - - - 800,000 143,393.75 943,393.75 - 128,893.75 128,893.75 - - - 825,000 128,893.75 953,893.75 - - 113,425.00 113,425.00 - - - 860,000 113,425.00 973,425.00 - 97,300.00 97,300.00 &95,000 97300,00 992,300.00 - 79,400.00 79,400.00 - - 930,000 79,400.00 1,009,400.00 - - 60,800.00 60,800.00 - 975,000 60,800.00 1,035,800.00 41,300.00 41,300.00 - 1,010,000 41,300.00 1,051,300.00 - 21,100.00 21,100.00 - 1,055,000 21,100.00 1,076,100.00 8/112004 10/112004 21112005 4/112005 8/112005 1O/l/2005 2/1/2006 4/112006 8/112006 10/1/2006 2/112007 4/1/2007 81112007 10/112007 2/112008 4/112008 81112008 10/112008 2/112009 41112009 8/112009 10/1/2009 2/112010 4/112010 81112010 10/1120[0 2/112011 4/112011 8/1120H 101112011 21112012 4/112012 81112012 10/112012 2/112013 4/112013 8/112013 10/1/2013 2/112014 4/112014 8/112014 101112014 2/112015 4/112015 8/1/2015 10/112015 211/2016 41112016 811/2016 10/112016 2/112017 4/1/2017 811/2017 10/1/2017 21112018 4/1/2018 81112018 10/1/2018 211/2019 4/1/2019 8/1/2019 10/112019 2/112020 4/1/2020 811/2020 1011/2020 21112021 4/112021 8/112021 101112021 211/2022 8J1I2022 2/1/2023 811/2023 2/112024 8/t/2024 770,000 36,660.00 806,660.00 14,310,000 7,15],481.25 21,463,481.25 Tolal WPC FllIld Principal Interest Total 420,000.00 293,326.25 713,326.25 284,06].75 284,063.75 490,000.00 284,063.75 774,063.75 273,831.25 273,831.25 510,000.00 27],831.25 783,8]1.25 268,731.25 268,731.25 525,000.00 268,731.25 793,731.25 263,481.25 263,481.25 5]5,000.00 263,481.25 798,481.25 255,456.25 255,456.25 555,000.00 255,456.25 810,456.25 248,518.75 248,518.75 570,000.00 248,518.75 818,518.75 234,268.75 2]4,268.75 605,000.00 234,268.75 839,268.75 219,14].75 219,143.75 640,000.00 219,14].75 859,143.75 20],143.75 203,143.75 670,000.00 203,143.75 873,143.75 186,393.75 186,393.75 700,000.00 186,393.75 886,393.75 168,893.75 168,893.7,:/ 740,000.00 168,893.75 908,893.75 156,868.75 156,86&.75 770 000.00 156,868.75 926,868.75 143,393.75 143,.193.75 800,000.00 143,393.75 943,393.75 128,&93.75 128,89].75 825,000.00 128,893.75 953,893.75 11],425.00 113,425.00 860,000.00 113,425.00 973,425.00 97,300.00 97,]00.00 895,000.00 97,300.00 992,300.00 79,400.00 79,400.00 930,000.00 79,400.00 1,009,400.00 60,800.00 60,800.00 975,000.00 60,800.00 1,035,800.00 41,300.00 41,300.00 1,010,000.00 41,300.00 1,051,300.00 21,100.00 21,100.00 1,055,000.00 21,100.00 1,076,100.00 15,080,000 7,190,141.25 22,270,141.25 EXHIBIT F 8/1/200 101112004 2111200 4/1/200 8/11200 1011/200 211/200 4/11200 8/112006 1011/200 211/200 4/11200 8111200 10/1/200 211/200 411/200 8/1/200 10/11200 211/2009 4/1/2009 8/112009 10/1/2009 21112010 41\12010 8/112010 10/1/2010 211/201 4/11201 8/11201 10/11201 2/112012 4/112012 811/2012 1011120l2 VI/20l3 41112013 8/112013 10/112013 2/112014 41112014 8/112014 10/112014 2/112015 4/112015 8/112015 10/112015 2/112016 4/1/2016 8/112016 10/1/2016 2/112017 4/1/2017 81112017 101112017 2111201& 4/112018 81112018 101112018 21112019 4/112019 81112019 101112019 2/112020 4/]/2020 81112020 lOill2020 2f112021 41112021 Sil/2021 101112021 2f112022 8/112022 2/1/2023 8/112023 2fJl2024 81112024 To'" City of Roanoke Debt Payments Relevant to Water Authority Principal 1997 Bonds Interest Water-Fund 200280nds Interest Total Principal Total 4 1,620,000 377,837.50 1,997,837.50 170,000 121,376.88 291,376.88 5 341,387.50 341,387.50 - 5 1I7,976.88 117,976.88 5 1,605,000 341,387.50 1,946,387.50 - 5 - 180,000 ]17,976.88 297,976.88 6 303,268.75 303,268.75 - 6 113,476.88 113,476.88 1,585,000 303,268.75 1,888,268.75 - 6 - 190,000 113,476.88 303,476.88 7 265,625.00 265,625.00 - 7 108,726.88 108,726.88 7 1,570,000 265,625.00 1,835,625.00 7 - 200,000 108,726.88 308,726.88 , 226,375.00 226,375.00 - , - 103,726.88 103,726.88 , 1,555,000 226,375.00 1,781,375.00 - , - 215,000 103,726.88 318,726.88 187,500.00 187,500.00 98,351.88 98,351.88 1,540,000 ]87,500.00 1,727,500.00 225,000 98,351.88 323,351.88 149,000.00 149,000.00 - 92,726.88 92,726.88 1,520,000 149,000.00 1,669,000.00 .-. -. ~ - 240,000 92,726.88 332,726.88 , - 111,000.00 111,000.00 - I - 87,926.88 87,926.88 , 1,500,000 111,000.00 1,611,000.00 - , - 255,000 87,926.88 342,926.88 73,500.00 73,500.00 - 82,826.88 82,826.88 1,480,000 73,500.00 1,553,500.00 - 270,000 82,826.88 352,826.88 36,500.00 36,500.00 77,258.13 77.258.13 1,460,000 36,500.00 1,496,500.00 280,000 77,258.13 357,258.13 - - 71,308.13 71.308.13 - - 295,000 71,308.13 366,308.13 - 64,855.00 64,855.00 315,000 64,855.00 379,855.00 - 57,767.50 57,767.50 - 335,000 57,767.50 392,767.50 - 50,062.50 50,062.50 350,000 50,062.50 400,062.50 - - 41,312.50 41,312.50 - 370,000 41,312.50 411,312.50 - - 32,062.50 32,062.50 - 390000 32,062.50 422,062.50 22,312.50 22,312.50 - 415,000 22,312.50 437,312.50 - 11,418.75 1I,418.75 - 435,000 1l,418.75 446,418.15 - - - - 15,435,000 3,766,150.00 19,201,150.00 5,130.000 2,589,571.98 7,719,571.98 Total Water Fund Principal Interest Total 1,620,000 377,837.50 ],997,1137.50 170,000 121,376.88 291,376.88 341,387.50 341,387.50 117,976.88 117,976.88 1,605,000 341,387.50 1,946,3117.50 180,000 1I7,976.88 297,976.118 303,268.75 303,268.75 113,476.88 113,476.88 1,585,000 303,268.75 1,888,268.75 190,000 113,476.88 303,476.88 265,625.00 265,625.00 108,726.88 108,726.88 1,570,000 265,625.00 1,835,625.00 200,000 108,726.88 308,726.88 226,375.00 226,375.00 103,726.88 103,726.88 1,555,000 226,375.00 1,781,375.00 215,000 ]03,726.88 318,726.88 187,500.00 187,500.00 98,351.88 98,351.88 1,540,000 187,500.00 1,727,500.00 225,000 98,351.88 323,351.88 149,000.00 149,000.00 92,726.88 92,726.88 1,520,000 149,000.00 1,669,000.00 240,000 92,726.88 332,726.88 111,000.00 111,000.00 87,926.88 87,926.88 1,500,000 111,000.00 1,611,000.00 255,000 87,926.88 342,926.88 73,500.00 73,500.00 82,826.88 82,826.88 1,480,000 73,500.00 1,553,500.00 270,000 82,826.88 352,826.88 36,500.00 36500.00 77,258.13 77,258.13 1,460,000 36,500.00 1,496,500.00 280,000 77,258.13 357,258.13 71,308.13 71,308.13 295,000 71,308.13 366,308.13 64,855.00 64,855.00 315,000 64,855.00 379,855.00 57,767.50 57,767.50 335,000 57,767.50 392,767.50 50,062.50 50,062.50 350,000 50,062.50 400062.50 41,312.50 41,312.50 370,000 41,312.50 411,312.50 32,062.50 32,062.50 390,000 32,062.50 422.062.50 22,312.50 22,312.50 415,000 22,312.50 437,312.50 11,418.75 11,418.75 435,000 11,418.15 446,418.75 20,565,000 6,355,721.98 26,920,721.98 City of Roanoke Debt Paymerats Relevant to Water Authority Total Water Authority Principal Interest Total 811120 1011/20 2/1120 411120 8/1120 1011120 2/1120 4/1120 811120 101112006 2/11200 4111200 8/11200 10/1120 2/11200 4/1120 8/1/200 10/1/200 2/1/200 4111200 811/200 10/112009 2/1120 4/1/20 811120 10111201 2/1120 411/201 811/20 10Il/201 2/1/201 4111201 8111201 10111201 2/11201 4/11201 8/11201 10Il/201 2/1/201 411/201 8111201 10/11201 2111201 4/11201 8/1/201 10/1/201 2/11201 4/1/201 8/11201 10111201 2/11201 4/1/201 8/11201 10111201 2/11201 4/1/201 8/11201 10111201 2111201 4/11201 8/112019 1011/2019 21112020 4/11202 81112020 10/112020 211/202 4/1/202 8/1/202 10111202 2/112022 8/112022 2/1/2023 8/1/2023 2/1/2024 8/112024 04 2,040,000.00 671,163.75 2,711,163.75 04 170,000.00 121.376.88 291,376.88 OS - ~625,451.25 625,451.25 OS - 1l7,976.88 117,976.88 OS 2,095 000.00 625,451.25 2,720,451.25 OS 180,000.00 117,976.88 297,976.88 06 - 577,100.00 577,100.00 o. 113,476.88 113,476.88 06 2,095,000.00 577,100.00 2,672,100.00 190,000.00 I 13,476.B8 303,476.88 7 534,356.25 534,356.25 7 - 10B,726.88 108,726.88 7 2,095,000.00 534,356.25 2,629,356.25 07 200,000.00 108,726.88 308,726.88 , 489,856.25 489,856.25 08 - 103,726.88 103,726.88 , 2,090,000.00 489,856.25 2,579,856.25 , 215,000.00 103,726.88 318,726.88 , 442,956.25 442,956.25 , - 98,351.88 98,351.88 , 2,095,000.00 442,956.25 2,537,956.25 225,000.00 98,351.88 323,351.88 10 397518.75 397,518.75 10 92,726.88 92,726.88 10 2,090,000.00 397,518.75 2,487,518.75 0 240 000.00 92726.88 332,726.88 11 - 345,268.75 345,268.75 I 87,926.88 87,926.88 II 2,105,000.00 345,268.75 2,450,268.75 , 255,000.00 87,926.88 342,926.811 2 - 292,643.75 292,643.75 2 - 82,B26.88 82,826.88 2 2,120,000.00 292,643.75 2,412,643.75 2 270,000.00 82,826.88 352,826.811 3 - 239,643.75 239,643.75 3 77,258.13 77,258.13 3 2,L30,000.00 239,643.75 2,369,643.75 3 280,000.00 77,258.13 357,258.13 4 - 186,393.75 186393.75 4 - 71,308.13 71,308.13 4 700,000.00 186,393.75 886,393.75 4 295,000.00 71,308.13' 366,308.13 S 168,893.75 168,893.75 S - 64,855.00 64,855.00 S 740,000.00 168,893.75 908,893.75 S 315,000.00 64 855.00 379,855.00 . - 156868.75 156,868.75 . - 57,767.50 57,767.50 . 770,000.00 156,868.75 926,868.75 . 335,000.00 57,767.50 392,767.50 7 - 143,393.75 143,393.75 7 - 50,062.50 50062.50 7 800,000.00 143,393.75 943,393.75 7 350,000.00 50,062.50 400,062.50 , 128,893.75 128,893.75 , - 41,312.50 41,312.50 . 825,000.00 128,893.75 953,893.75 . 370,000.00 4[,312.50 411312.50 , - 113,425,00 113,425.00 , - 32,062.50 32062.50 860,000.00 113,425.00 973,425.00 390,000.00 32,062.50 422,062.50 - 97,300.00 97,300.00 , - 22,312.50 22,3L2.50 895,000.00 97,300.00 992,300.00 415,000.00 22,3L2.50 437,312.50 ] - 79,400.00 79,400.00 ] - 11,418.75 1l,418.75 ] 930,000.00 79,400.00 1,009,400.00 ] 435,000.00 11,418.75 446,418.75 60,800.00 60,800.00 975000.00 60,800.00 1,035,800.00 - 41,300.00 41,300.00 1,010,000.00 41,300.00 1,051,300.00 - 21,lOO.00 21,100.00 1,055,000.00 21,100.00 1,076,100.00 35,645,000 13,545,863.23 49,190,863.23 Tob! Locality Compensation Payments to County of Roanoke Based on General Obligation Debt Payments Related to Water Authority Exhibit G Waler Sewer Total Principal Interest Total Principal Interest Total Payment 121112004 5.800.00 5,800.00 21,293.75 21,293.75 27,093.75 61112005 80,000.00 5,800.00 85,800.00 280,000.00 21,293.75 301,293.75 387,093.75 12/112005 4,200.00 4,200.00 15,693.75 15,693.75 19,893.75 6/112006 75,000.00 4,200.00 79,200.00 290,000.00 15.693.75 305,69375 384,893.75 12/112006 3,450.00 3,450.00 12,793.75 12,793.75 16,243.75 61112007 80,000.00 3,450.00 83,450.00 290,000.00 12,793.75 302,793.75 386,243.75 12/112007 2,200.00 2,200.00 8,262.50 8,262.50 10,462.50 6/112008 80,000.00 2,200.00 82,200.00 295,000.00 8,262.50 303,262.50 385,462.50 12/112008 1,200.00 1,200.00 4.575.00 4,575.00 5,775.00 6/112009 80,000.00 1,200.00 81,200.00 305,00000 4,575.00 309,575.00 390,775.00 395,000.00 33,700.00 428,700.00 1,460,000.00 125,237.50 1,585,237.50 2,013,937.50 EXHIBIT G Western Virginia Water Authority - Vehicles 6/1012004 Shop# Year Make Model Class Code VIN License 85 1995 Chevy Blazer SUV 4X4 1 GNDT13WOSK220705 10-319L 128 2001 Ford Ranger Pickup 1/2 Ton 4X2 lFTYR10E51TB05384 101-286L 130 1997 Ford F150 Pickup EC 1/2 Ton 4X4 1 FTDX18WOVND22661 22-459L 131 1996 Chevy Blazer SUV 4X4 1 GNDT13WOT2245301 56-368L 140 1995 Chevy 1500 Pickup 1/2 Ton 4X2 1 GCEK14H8SZ17021 0 78-041L 144 1996 Ford Ranger Pickup 1/2Ton 4X2 1 FTCRl OU3TPA87187 55-352L 145 1997 Chevy S-10 Pickup 1/2 Ton 4X2 1 GCCS14X9VK225338 56-265L 150 2002 Ford F150 Pickup EC 1/2 Ton 4x4 1 FTRX18W72NA67606 78-116L 151 2003 Ford F150 Pickup 1/2 Ton 4X4 2FTRF18W83CB14457 118-467L 156 1995 Chevy Blazer SUV 4X4 lGNDT13W9SK219990 78-030L 158 1999 Ford F250 Pickup EC 3/4Ton 4X4 1 FTNX21 L 1 XEC96259 10-284L 160 1999 Ford F150 Pickup EC 1/2Ton 4X4 1 FTRX18W3XNB01581 37-010L 167 1996 Chevy Blazer SUV 4X4 1 GNDT13W3T2245227 55-310L 181 1996 Ford Ranger Pickup 1/2 Ton 4X2 1 FTCRlOU1TPA87186 55-294L 183 1999 Ford F150 Pickup EC 1/2 Ton 4X4 1 FTRX18W9XNA97746 10-290L 184 1999 Ford F250 Pickup EC 3/4 Ton 4X4 1 FTNX21LXXEC96258 10-378L 196 1999 Chevy S-10 Pickup 1/2 Ton 4X2 1 GCCS14X9XK162289 10-289L 700 1993 Chevy Blazer 2DR.4X4 1 GNCT18W5P0160301 56-249L 701 1990 Ford Aero Star Van 4X4 1 FTDA44X9LZB18318 55-269L 702 2003 Ford F150 XL Pickup 1/2 Ton 4X4 2FTRF18VVX3CB14458 55-370L 704 1995 Chevy Blazer SUV 4X4 1 GNDT13W5SK220697 78-020L 705 2002 Dodge Ram 2500 Pickup 3/4Ton 4X2 3B7KC26Z22M308224 118-472L 706 2002 Dodge Ram 2500 Pickup 3/4 Ton 4X2 3B7KC26Z62M308226 118-473L 707 1998 Ford Ranger Pickup 1/2 Ton 4X2 lFTYR14XOWTA72555 37-012L 708 1998 Ford Ranger Pickup 1/2 Ton 4X2 lFTYR14X9WTA72554 37-011L 709 2002 Ford Explorer SUV 4X4 1 FMZU73E32UA07706 101-231L 710 1989 Chevy Blazer SUV 4X4 1 GNCT18Z4K0160891 10-392L 711 1998 Ford Explorer SUV 4X4 1 FMZU34E3WUC04517 55-236L 712 2003 Ford F-150 Pickup 1/2 Ton 4x4 2FTRF18W63CB14456 118-438L 715 1993 Ford F- 350 Pickup 1 Ton 4X2 1 FDHF37Hl PNA60005 55-288L 716 2004 Ford F150 XL Pickup 1/2 Ton 4X2 3B7HE13Y2PM141414 122-647L 717 1996 Ford Ranger Pickup 1/2 Ton 4X2 lFTCR14U7TPA87185 55-245L 718 1997 Chevy 1500 - Pickup 1/2 Ton 4X2 1 GCEC14W3VZ255066 10-335L 719 1987 Dodge Ram 150 Pickup 1/2 Ton 4X2 1 B7FD14TXHS504841 1 0-359L 720 1999 Ford Super Trak Van 4x4 1 FT5S34L8XHA39424 22-460L 721 1997 Chevy Step Van 4X2 lGBHP32ROV3311708 55-301 L 723 1995 Chevy 3500 Pickup 1 Ton 4X2 1 GBGC34K4SZ21 0168 78-119L 724 1993 Dodge Power Ram 350 - Pickup 1 Ton 4x4 1 B6KM3652PS220809 55-372L 725 1999 Chevy 3500 - Pickup 1 Ton 4X2 1 GBGC34R7XF075807 90-861L 726 1986 GMC 7000 - Svc Truck 2 Ton 4X2 1 GDJ701 B2GV536058 10-354L 727 1992 Ford F 350 - Pickup Hon 4X2 1 FDHF37HONNA93140 55-355L 728 1999 Intem'J 4700 Svc Truck 2 Ton 4X2 1 HTSLABMXXH661474 37-014L 731 1978 Ford F700 Dump Truck 2 Ton 4X2 F70EVCE8158 10-280L 734 1994 Ford Flusher Waste Removal Jet Truck lFDXK82E4RVA48970 90-867L 735 1980 White Autocar Tractor Tractor Trailer 92RCFGH041695 1 D-299L 736 1989 Ford F 700 - Svc Truck 2 Ton 4X2 1 FDNF70KOKVA37050 10-393L 737 1984 Intem'l S 1700 - Svc TruCk 2 Ton 4X2 1 HTLBEGM8EHA44873 10-326L 738 1995 Ford F 350 - Pickup 1 Ton 4X2 1 FDHF37H5SNA26691 10-270L 739 1995 Chevy 3500 - Pickup 1 Ton 4X2 1 GBGC34KOSZ211379 1 0-350L 743 1995 Chevy 3500 - Pickup Hon 4X2 1 GBGC34K4SZ211904 9D-844L Criteria: 1 Exceeds Age 2 Exceeds Mileage 3 Exceeds L TD Costs 1012 Final Vehicle List1 6-10-04.xls EXHTHTT U Shop# Year Make Model Class Code VIN License 744 1998 Ford Louiseville Dump Truck 10 Ton lFDYVV86E1WVA19098 10-338L 745 2000 Ford F 650 XL - Knuckle Boom 2 Ton 4X2 3FDWF6520YMA09307 78-021 L 746 1987 Ford F 700 - Svc Truck 2 Ton 4X2 1 FDNF70K5HVA54032 10-364L 748 1985 Ford F 700 - Svc Truck 2 Ton 4X2 lFDNF70H8FVA48615 10-339L 751 1995 Chevy 3500 - Pickup 1 Ton 4X2 1 GBGC34K4SZ21 0073 56-252L 752 1991 Intern" Dump Truck 10 Ton 4X2 lHTSDNGR5MH313571 56-380L 753 1989 Ford F 800 Dump Truck 10 Ton 4X2 1 FDYK84A8KVA41489 10-394L 754 1993 Ford F 600 - Svc Truck 2 Ton 4X2 1 FDNF62J3PVA26405 10-257L 755 1993 Chevy Kodiak La-Pro 2 Ton 4X2 1 GBG6Hl MOPJl 06079 10-225L 756 1990 Ford F 700 - Svc Truck 3 Ton 4X2 1 FDNF70K7LVA46393 78-078L 758 1986 Ford F8000 Dump Truck 10 Ton 4X2 1 FDYK87U4GVA55290 10-357L 760 2004 Sterling Vactor Truck Swr Clnr. 2FZHATAK14AL75894 122-673L 761 1985 Ford F 350 - Rodder Truck 1 Ton 4X2 lFDJF37H2FNA82966 1 0-348L 762 1990 Ford F 600 - Rodder Truck 2 Ton 4X2 1 FDMF60KXLVA46684 78-152L 763 1994 Ford L8000 - Dump Truck 10 Ton 4X2 1 FDYK82E2RVA49121 10-298L 764 1993 Ford L 8000 Camel Truck Swr Clnr. lFDYVV82E5PVA28152 10-227L 766 1985 Ford Dump Truck 10 Ton 4X2 lFDYK87U6FVA57993 10-345L 767 1985 GMC 7000 - Svc Truck 2 Ton 4X2 1 GDL7Dl E3FV627261 10-351L 768 1985 GMC 7000 - Svc Truck 2 Ton 4X2 1 GDL 701 E9FV627278 10-352L 769 1984 GMC Step Van 4X2 1 GDJP32MOE3505961 10-334L 770 1985 Ford Dump Truck 10 Ton 4X2 lFDYL80U9FVA14286 1 0-332L 776 1987 Chevy Custom Deluxe Pickup 1/2 Ton 4X2 lGBGR24K2HS168318 1 0-362L 793 1987 Intern" Dump Truck 10 Ton 4X2 1 HTLDDBN6HH525226 10-367L 845 1998 Ford F 150 Pickup 1/2 Ton 4X4 1 FTZF18W4WNB92295 78-036L 852 1974 Ford 8000 Series Boom Truck 4X2 R80CVT32794 55-255L 853 1998 Ford Ranger Pickup 1/24X2 lFTYR10U4WUB61583 55-211 L 856 1997 Ford F150 XL Pickup 1/2 Ton 4X2 1 FTEFl7W5VND30666 90-865L 858 1995 Chevy Tahoe 4X4 3GNEK18K4SG104346 90-883L 859 1991 GMC Small Van 4X2 1GKDM15Z0MB516117 86-825L 860 1992 Dodge Dakota Pickup LE 1/2 Ton 4X2 1 B7GL26X3NS668912 78-098L 865 1984 Dodge Custom Ram 150 Pickup 1/2 Ton 4X2 lB7FD14T7ES272601 55-253L 866 2004 Ford F150 Pickup 1/2 Ton 4X4 2FTRF18W24CA50904 122-634L 867 1987 Ford F 150 Pickup 1/2 Ton 4X2 lFTEF15N8RNB34690 78-022L 868 2000 Ford F750 XLDump Truck 2Ton 4X2 3FDXF75R6YMA63119 46-835L 890 1995 Chevy Full Size Van 20 Series 4X2 1 GCEG25K7SF202177 22-479L 891 1995 Chevy Full Size Van 20 Series 4X2 1 GCEG25K9SF202374 22-480L Western Virginia Water Authority - Vehicles 6/1012004 Criteria: 1 Exceeds Age 2 Exceeds Mileage 3 Exceeds L TD Costs 20/2 Final Vehicle Ust1 6-10-04.xls Western Virginia Water Authority - Vehicles 6/1712004 Shop# Year Make Model Class Code VIN License U760 1988 Chevy KODIAK 70 SINGLE AXLE 2 1/2 ton Dump 1 GBP7Dl G6JVl 08984 78-195L U762 1992 Ford F800 SINGLE AXLE 21/2 ton Dump 1 FDYK84AONVA05185 90-804L U766 1988 Chevy 30 SERIES DUMP TRUCK 1 ton Dump lGBJR34W7JJ114765 78-197L U768 2000 Chevy PICKUP 2500 SERIES 3/4 ton 4X4 1 GCGK24RXYR171407 46-672L U769 2001 Sterling TANKER SINGLE AXLE Jet Truck 2FZAATAKX1AH65313 90-857L U770 2000 Chevy PICKUP 2500 SERIES 3/4 ton 4X4 lGCGK24RXYR171312 46-673L U773 1989 Chevy KODIAK 70 SINGLE AXLE 2 1/2 ton Dump 1 GBP7Dl Y7KVl 04906 78-131L U774 2000 Freightlnr FL70 SINGLE AXLE 2 1/2 ton Dump 1 FV6HJBB6YHB66356 41-664L U776 2000 Chevy PICKUP 2500 SERIES 3/4 ton 4X4 1 GCGK24RXYR171522 46-674L U777 1988 Chevy STEP VAN P30 1 ton Step Van 1 GCKP32W4J3324771 78-198L U780 1989 Chevy KODIAK 70 SINGLE AXLE 2 1/2 ton Dump 1 GBP7D1Y7KVl 04873 78-133L U782 2001 Jeep CHEROKEE SUV 4X4 lJ4FF48S11L576065 101-155L U786 1995 Chevy BLAZER 4DR SUV 4X4 1 GNDT13W2S2242639 11-948L U787 2000 Chevy S10 PICKUP 1/2 ton 4X4 1 GCDT19W7YK225795 46-681L U788 2001 Chevy 3500 HD 1 ton Dump 3GBKC34G31 Ml 04400 101-154L U791 2001 Ford F250 SUPER DUTY EXT 3/4 ton 4X4 3FTNX21 SXl MA35303 101-164L U796 2002 Ford F250 SUPER DUTY EXT 3/4 ton 4X4 lFTNX21SX2EB01694 46-766L U797 1992 Ford F350 F350 DUMP TRUCK 1 ton Dump 1 FDKF37Gl NNA28424 86-830L U799 1995 Chevy BLAZER 4DR SUV 4X4 1 GNDT13W8S2242788 11-947L U800 2000 Chevy 3500 HD 1 ton Dump 1 GBKC34JOYF423906 41-694L U801 2001 Sterling ~AMEL TRK TANDEM AXL Camel Truck 2FZHAZ821AJ20173 101-179L U818 1999 Freighllnr FL80 TANDEM AXLE 4 ton Dump 1 FVXJJBB8XHA73586 36-974L U819 1996 Chevy C3500 1 ton Dump 1 GBJC34R9TE150514 86-753L U821 2001 Ford F250 SUPER DUTY EXT 3/4 ton 4X4 1 FTNX21L91EB93338 101-185L U822 1986 GMC STEP VAN P30 1 ton Step Van 1 GDJP32M5G3501911 90-756L U824 1994 GMC JIMMY 4DR SUV 4X4 1 GKDT13W7R2520958 12-912L U825 1994 GMC JIMMY 4DR SUV 4X4 1 GKDT13W9R2520962 12-913L U826 1994 GMC JIMMY 4DR SUV 4X4 1 GKDT13W4R2520965 12-914L U827 1994 GMC JIMMY 4DR SUV 4X4 1 GKDT13WXR2520971 12-915L U829 2001 Jeep CHEROKEE SUV 4X4 lJ4FF48S01L598025 101-200L U832 2002 GMC 3500 HD 1 ton Dump 3GDKC34G12Ml04209 101-326L U834 2002 Chevy PICKUP 2500 SERIES 3/4 ton 4X4 1 GCHK24U22Z329237 112-483L U835 2003 Jeep GRAND CHEROKEE SUV 4X4 lJ4GW48S23C507487 112-492L U837 2002 GMC PICKUP 2500 SERIES EX 3/4 ton 4X2 1 GTEK19V22E280286 110-947L U838 1994 GMC PICKUP 1500 SERIES 1/2 ton 4X2 1 GTDC14Z4RZ533145 90-764L U839 2003 Ford RANGER PICKUP EXT 1/2 ton 4X4 lFTZR15E63TA10459 112-430L U840 2003 Ford ORD RANGER PICKUP E) 1/2 ton 4X4 lFTZR15E43TA10458 112-431L U841 2003 Chevy CHEVROLET S10 PICKUP 1/2 ton 4X4 1 GCDT19X838240692 115-765L U842 2003 Ford F350 SUPER DUTY 4DR 1 ton Dump lFDWW36S13ED2799f 122-637L U844 2004 Chevy COLORADO PU EXT 1/2 ton 4X4 1 GCDT196248149412 122-660L U845 2004 Chevy COLORADO PU EXT 1/2 ton 4X4 1 GCDTl96248148907 122-658L U846 2004 Chevy COLORADO PU EXT 1/2 ton 4X4 lGCDT196848148796 122-659L U882 1997 Ford F250 PICKUP EXT 3/4 ton 4X4 lFDHX26H5VEB85420 90-766L U883 1997 Ford F350 1 ton Dump 3FEKF37H8VMA41203 90-753L U884 1997 Ford F250 PICKUP EXT 3/4 ton 4X4 lFTHX26H2VEB85413 78-136L U887 1998 Chevy S10 PICKUP EXT 1/2 ton 4X4 1 GCCT14X5W8162573 31-587L U888 1998 Chevy PICKUP 2500 SERIES 3/4 ton 4X4 1 GCGK29R9WE172934 31-586L U889 1998 GMC PICKUP 2500 SERIES 3/4 ton 4X4 1 GTGC24R8WE528133 31-589L U891 1999 Jeep CHEROKEE SUV 4X4 lJ4FF28S7XL647752 37-045L U892 1997 Ford TAURUS 4DR Sedan lFALP52U9VA260037 31-532L Criteria: 1 Exceeds Age 2 Exceeds Mileage 3 Exceeds L TD Costs 10f2 Authority Vehicle Lisl6-16-04.xls EXHIBIT I Western Virginia Water Authority. Vehicles 6/1712004 Shop# Year Make Model Class Code VIN License U893 2003 Ford F150 PICKUP 1/2 ton 4X4 2FTRF18W63CB06504 115-798L U894 1995 Chevy S10 PICKUP EXT 1/2 ton 4X4 1 GCDT19ZXS8216393 78-161L U895 1999 GMC 3500 VAN 1 ton Van 1 GTHG39R2Xl 063199 41-689L U899 2001 Ford F250 SUPER DUTY EXT 3/4 ton 4X4 lFTNX21L21ED00603 101-238L U7601 1994 Chevy 2500 SERIES EXT 3/4 ton 4X4 1 GCFK29K8RE263289 90-815L U7607 2002 Ford F250 SUPER DUTY EXT 3/4 ton 4X4 lFTNX21S32EB11256 101-319L U7608 2002 Ford RANGER PICKUP EXT 1/2 ton 4X4 lFTYR45EX2TA40091 101-320L U7609 2002 Chevy BLAZER 4DR SUV 4X4 lGNDT13W12K155587 101-323L Criteria: 1 Exceeds Age 2 Exceeds Mileage ~ Exceeds L TO Costs 20f2 Authooity Vehicle List 6-16-04.xls Western Virginia Water Authority - Equipment 6/17/2004 Shop# Year Make Model 154 1998 Ford Tractor (NH) 742 1948 Knox Trailer 771 1997 RSmith Trailer 772 1975 Lincoln 300Amp Welder 774 1999 American Trailer 775 2001 Cat Rbr Tire Loader 777 1993 Leroi Compressor 778 1984 Leroi Compressor 779 1999 American Trailer 780 1990 Amid Trailer 782 1988 Case Loader 783 1996 Case Loader/Backhoe 785 1989 Amid Trailer 786 1982 Case Backhoe 787 1992 Sullair Compressor 788 1999 Case Loader/Backhoe 789 1989 Case LoaderlBackhoe 790 1986 Case Backhoe 792 1986 Bobcat Util Loader 795 1994 Ingersoll Compressor 796 1997 Ingersoll Compressor 797 1995 Compressor 798 1975 Cart 799 1975 Drott Crane 861 1982 JDeere Tractor 1701 1975 KaMo Borer 1702 1989 Leroi Compressor 1703 1999 Case Arctic Loader 1704 1993 JCB Stmstr 1705 1992 Case Loader/Backhoe 1707 1997 Ingersoll Compressor 1708 1996 Sullair Compressor 1710 1989 Trans Trailer 1711 1989 Trans Trailer 1712 1989 Trans Trailer 1713 1990 Case Excavator 1714 1993 Vib. Compactor 1715 1992 Rogers Trailer 1716 1995 Bobcat Loader Criteria: 1 - Exceeds designated life cycle in years 2 - Exceeds designated mileage/hours 3 - Exceeds designated replacement precentage in L TO costs 1 of 1 EXHIBIT J Exhibit J Equipment and Furnishings valued over $5,000 to be cOnveyed to the Authority Item 1. Summary of Personnel Computers Company Owner Model Serial Processor Hard Drive RAM 120 Water Authority A Carrico GUPUTL4695 1800 Alfred White 8303-RHU KLRA V4F 1800 40G 512 April Olichwier 6830GBU 78Y6927 933 30G 256 B Fronk GUPUTL5757 2390 Benjamin Mullins 6830GBU 78- Y6858 933 20G 384 Billings and 6563A 1U 23CYNA 7 733 20G 128 Collections- Handheld Bob Benninger GUPUTL871S 2390 Bob Benninger GUPUTL9616 1700 Brenda Hale E3600 gw0026937688 1600 40G 512 Burley Harris 6564P 1U 23CHMTO 733 30G 128 C Highsmith GUPUTL4693 1790 C Mossor GUPUTL9947 300 Carl Sink 679011U KA84BFP 1.6 40G 512 Carroll Hall 6792-22U KAT123A 1.8 40G 640 Cassandra Altice 6230-46U KP-G0896 Catherine Holland 679411U 23G1710 Cheryl Brewer 2652-Q5U 99-40LCB 2.0GHz 40G 2S6 Cheryl Brewer 80102500 BC69925194S PIl 333 6G 64 Cheryl Brewer 8303-RHU KLRA V5F 1.8 40G 512 Chuck Clark 6830GBU 23AC709 933 30G 256 CyndiPugh E4650 GW0026884693 1800 40G 256 o Anderson GUPUTL5992 350 o Anderson GUPUTL9617 1700 o Kadams GUPUTL6720 1700 o Myers GUPUTL1898 850 o Myers GUPUTL4694 1800 Dale Edwards 2652-Q5U 99-40FRH 2000 400 512 Danny Foster GUPUTL1170 850 Dianne Hilborn 6840GAU 23AH097 933 30G 256 Donna Tyree- E3600 0026937685 1600 40G 512 Murdock Ed Gunter E3600 0026937687 1600 40G 512 Front Counter. Left GP7-450 ADMUTB8389 Front Counter _ GP7-600 ADMUTBS008 Right G Robertson GUPUTL7623 600 General (Marshall) 6830GBU 23G P639 933 30G 2S6 Hall Greg Belcher 2652-Q5U 99-40FD2 2000 40G 512 Greg Reed Tungsten C 00UYA7J314KY 0007E012EECD Greg Reed 679411U 23G9862 1600 40G 384 Greg Reed 2373- 7FU KP-MDGXN 1.6 40G 1500 Greg Reed 2373-7FU KP-MDHDC 1.6 40G 1500 EXHIBIT J Patricia Jones E3600 0028312235 1600 40G 512 Paul Trent 656364U 78R7995 500 lOG 64 Plant1 wrFUTL6722 1700, Plant2 RNOKE12 350 A Dulaney 1096465442 547 Rodney Brown 6563A 1 U 23CYPBO 733 20G 128 Ronnie Saunders 6630GBU 78Y6827 933 30G 256 8 Agner GUPUTL0125 900 8 Agner GUPUTL2447 933 8 Agner GUPUTL9295 2800 SACDA GUPUTL3434 550 8amuer.Carlton 679411U 23G1729 1600 40G 256 Light-Jr. 8cott Shirley Tungsten C 00UYA3W32J2M 0007.E026-FC03 Scott Shirley 6840GAU 23AF295 933 30G 256 Stephanie E4100 ADMUT87490 Heldenbrand Stephanie Tuck 6830GBU 23GN883 933 30G 256 Sue Boyer 679222U KA T234V 1800 40G 256 Suzanne Mullins E4100 ADMUTB7491 T lane GUPUTL0128 700 T Wiseman GUPUTL4618 166 Teresa Peck 6830GBU 78Y6972 933 30G 256 Teresa Verell 8303-RHU KLRAV4X 1800 40G 612 Terry Fritz KP-G0915 Tom Damron 656364U 78R8065 500 lOG 64 Troy Johnson 6831GBU 23AC796 933 30G 256 W Kingery GUPUTL5532 547 WaterOps GUPUTL3667 4S0 Wayne Williams PS-60 ADMUTB7489 Yvonne Doolittle 6831GBU 23AC806 933 20G 256 Also to transfer are all associated equipment such as power supplies, monitors, printers, network devices used to support these personal computers. . , Exhibit J (cont.) Item 2 - Furniture, Equipment and Personnel Property All structures, furniture, equipment, tools, devices, vehicles, and other personnel property of the City of Roanoke physically located of June 30, 2004 at the properties listed on Exhibit A of the agreement shall transfer and become the personnel property of the Authority. Item 3 - Fixed Asset Inventory All items listed by the City of Roanoke as a fixed asset shall transfer to the Authority. See the attached printout from City of Roanoke's fixed asset inventory dated June 30, 2004. Note: there may be duplicated or conflicting entries on the fixed asset inventory when compared to the Agreement and its exhibits. Resolution priority shall be the Agreement, Agreement Exhibits in alphabetical order, and finally the fixed asset inventory printout. Western Virginia Water Authority - Equipment Shop# Year Make Model U7603 1995 TowMstr Trailer U7604 1995 TowMstr Trailer U761 1989 Chillco Trailer U762 1992 Ford F800 U763 1996 Sreco Trailer U767 1989 Sullivan Compressor U771 1990 CASE Backhoe U775 1999 Backhoe/Loadr U779 2000 American Trailer U781 1975 Flash Trailer U784 1994 CASE Loader U785 1995 CASE Loader U789 1988 Hudson Trailer U790 1993 Kubota Mower U792 1993 Thomas Loader U798 1987 Hudson Trailer U802 1988 Hudson Trailer U803 1990 JDeere Backhoe U804 1995 Godwin Pump U805 1991 Kohler Generator U806 1991 Sullivan Compressor U807 1963 Kohler Generator U808 1988 Onan Generator U809 1986 Ran A1CTrailer U811 1991 Hudson Trailer U812 1992 Hydro Skid Mower U813 1985 Miller Welder U815 2000 Superior Trailer U817 1986 Secca Rodder U820 1987 Flatbed Trailer U830 1995 CASE Backhoe U831 2002 CASE Backhoe U843 1989 Ford 6610 Tractor U881 1996 CASE Backhoe U885 1997 Interstate Trailer U896 1991 Pump Trailer Criteria: 1 - Exceeds designated life cycle in years 2 - Exceeds designated mileage/hours 3 - Exceeds designated replacement precentage in L TO costs 6/17/2004 1 of 1 EXHIBIT K COUNTY OF ROANOKE Fax:540-772-2089 Jun 17 '04 12:50 P.02 Exh. bi+ K. ~~ 8888~S88~~SSS88SS8~~~~S;I~~~8a :!: S! ~ ~S~ 01 Ol:i\ ; ~ n." . ~ . ~ oi ~~ ~ ~ ::!I'l ~ lI(iii ~~~t~~.~~!~:g_~l~$~'~i~~.:~~~. :ti~~~ ~ ;Pi ~ ~" "" .~ _e~~=~~_~_~~_~_N~~.._mNri~~~ ~ .. o. :: " ~ - 8 is ;: ,. 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H~~ ~ ~ ~ U .r iaH~ ~U~ ~ , Jun 17 '04 12:54 P.lO The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times --------------------------------------------------+--------------------------- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I TOTAL COST, 989.09 I FILED ON, 06/18/04 I ,.I...^.J - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + - - - - ~ - .o...t:l-uv ~!;:..._ _ _ _ _ MIKE MCEVOY CITY OF ROANOKE - WATER 2012 S JEFFERSON STREET ROANOKE VA 24014 REFERENCE: 10155829 02383402 Public Hearing 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 __, ___day of June 2004. Witness my hand and off:;sJ-al seal. V:--' A~~ - -~-- _ _ Notary Public Mt~ission e 'es _~ ~-t~=I-------. PUBL~SHED ON, 06/11 Authorized (\1_ o~~_.^^ Signature'____~-~-~~--------------, Billing Services Representative a IVle en er. Extra 1 ~- - ' ...,."....... ' ..y. --:..........:.., l :~t\'~. . . I 'l,..,_ i Tomorrow Parallels in bloodshed: A professor applies the lessons of the Waco standoff to the war in Iraq. In Extra Corrections Nancy Ferguson is the stepmother of Tiffany lawhorn, a woman killed in a vehicle accident in 2002. An article on Wednesday identified her as the stepgrandmother of David Hunter, the man accused of man- slaughter in Lawhorn's death. . . . We correct news errors that are published in The Roanoke Times. To request a correction, please carl our newsroom at 981-3341. Callus We'd like to hear your comments about our news, sports and features coverage. Call 981-3173 and leave a message. Recordings are checked regularly. Or send us e-mail (rich.martin@roanoke.com). Roanoke Times Online (roanoke.com) is available on the World Wide Web. THE ROANOKE TIMES roanoke,com President and Publisher Wendy Zomparelli (540)981-3116 wendy.zomparelli@roanoke.com Editor Mike Riley (540)981-3117 mike.riley@roanoke.com Managing Editor Rich Martin (540) 981-3110 rich.martin@roanoke.com Advertising Director Debbie Meade (540) 981-3379 debbie.meade@roanoke.com Circulation Director Dan Wheeler (540)981-3111 dan.wheeler@roanoke.com urs ay AYr - For I_ottery results, call: (800).: , I' 1 L NOTICE OF PUBLIC HEARING In occordon(e with Ihe lerms of 0 proposed Operating Agreement among the City of Roonoke, Roanoke County, and Western Virginia Water Aufhority, the city proposes to convey to Ihe Authority on or aher July 1,2004, the follOWing demibed property, and related access ond ulility eosemenls, in order Ihol the Aulhority (on operafeo lull service outhority responsible for 1 he supply,lreatmenf,distribulion, ondtransmisssion 01 wale randlhecollectionand Ireotmenlofwaslewater: Prooertv Within the Cify of Roanoke: Nome 0' Partel PeokwoodPumpStation Jeflerson hills lihSlafion Park Lane Lihslalion Round Hill Reservoir Delray Pump Slation Carroll Avenue Tonk Washinglon Heights Tonk Sand Rood borrow Pit ULSHollinsBuilding Chapel Forest Pump Slation Wasfewafer Treatment plant Muse Spring Well MountPleasanlTank Garden City pump Stofion New hope WeU 220 Tonk 220 Pump stotion fugeneDrivefonk SlolesmanPumpSlation RCITTonk Portions of Tax Parcel Numbersbeinasubdivided: Tax Ponel No. Name of Panel Tax Ponel No. 1090604 Sports Complex Well 1040401 1390216 Fire Slafion #8WeH 105160J 1400214 LakewoodPumpStalion 1350601 2151222 Grondin Court Tonks 1570101 2280202 Mill Mountain Tonks 4050306 2330901 4160108 2770406 CryslalSpring Fillrotion Planl 4060502 3250229 RiverlandRoandTank 4180102 3250429 Mount Pleasant Pump Station 4250203 3250430 GordenCi~Well#1 4260505 3250431 G"denCi~Well#3 4360401 3250432 4360402 3250433 G,rdenCi~Well#2 4360503 3250505 4360504 3250506 Garden City Resevoir 4500201 3250801 4510930 3280201 Peakwoodreservoir 5440102 4100204 4330301 4360601 4360604 4440737 4471209 4530206 5380121 5380122 6050503 7080103 7230103 ~ Approx.30,909SF Approx. 5,224 SF App",7,976SF App",.104,485SF Approx. 4,740 SF Approx.10,421 Approx.27.7orres Approx.16.7ocres App",.1l,967SF Approx.9,722SF Approx.4,616.4SF App",.4,434.3SF Approx.6,057SF Approx. 8,857 SF Approx.12.6acres Approx.0.3acres Approx.22,532SF I i ( I . Item Name Beoverdam & faUing Creek Reserboirs Parkwoy Wafer Tonk Water Valves BedforCo. flem. Schoo! f1IlI!!..m 120A 10 137138 155A68 N, T ProoertvWithinRoanokeCounfv: CarvinsCove Natural Reserve- In Roanoke County, Tax Parcel 018.00-01-05.00-0000 and approximately 165.7ocresofT ax Parcel 018.00-01-09.00-0000 below the, 1200 foot elevation contour including and adjacent 10 the backwafer pool (teated by Ihe Carvins Cove Dam and the southeasterly most oul- parcel above ond below the 1200 foot elevation contour adjacent to Ihe backwater pool crealed by the Carvins Cove Dam Ihat includes the Carvins Cove Treotment Plant II N ......, '" __em_ame ~ HoUinsWaterTank 027.08-02-15.00-0000 8axleyHiIIsPump 038.06-09-02_00-0000 Sewer line-Florist rood Area 038.11-01-01.00-0000 Falling Creek Pump Slolion fnlronce 051.03-02-20.00-0000 SmilhSpring 060.15.01-23.00-0000 VirgininaAvenueRegulatorVolve 060.20-01-12.00-0000 Sewage Disposal Planlland 070.11-01-01.00-0000 Franklinrood-BockCreek 107.00-01-05.00-0000 Item Name PumpingSlationonHemlockRood fwlll! 224-1-5.1 ProoertvWilhinBlItefourt(ountv In BolelourtCounty,Tox Parcels 85-81-B and 100-48,approximalel y 1017.2 acres of Tax Parcel99-1,and approximately 8.6 acres of To x Porcels 100-78, and 100-78A below the 1200 fool elevation contour, including and adjacent to the backwater pool crealed by the Carvins Cove Dam ProDertvWithinBedfordCountv; ProDertvWifhinSalem: \ Pursuant to the requirements of ~15.2-1800(B) and ~15.2-1813, Code of Virginia (1950), os amended, notice is hereby given Ihollhe City Council of the City of Roanoke will hold a public hearing on Ihe above molter 01 ifs regular meefing 10 be held on June 21, 2004, commencing 017:00 p.m. in the Council Chambers, 4'" Floor, Noel C. Taylor Municipal BUilding, 215 Church Avenue, S.W., Roanoke, Virginia. Further information is available from the Office of Ihe City Clerk for the City of Roanoke ot(540) 853-2541. Cilizensshall hove the opportunity 10 be heard andexpres.s Iheiropini onsonsaidmatfer. , If you ore 0 person with 0 disability who needs a(cOmmodolions for Ihis hearing, please (Ontoct the City Clerk's Office (853-2541), before 12: 00 noon on Thursday, June 13,2004. GIVEN under my hand fhis 81h day of June, 2004. Mory 1. Porke" aly Cleric Departments Customer service Delivery Questions, Problems, Subscriptions, Photo Reprints (S40) 981-3211 Toll free (BOO) 346-1234 e-mail customer@roanoke.com News Newsroom (540) 981-3340 Sports (540) 981-3222 Photo (540) 981-3394 New River Valley Current (540)381-1668 News Tips (540) 981.3333 Reader Comment Line (540) 981-3173 Advertising Classifieds (540) 981-3311 Obituaries (540) 981-3110 legal Notices Information (540)981-3416 \tl"'~ NOTICE OF PUBLIC HEARING In accordance with the terms of a proposed Operating Agreement among the City of Roanoke, Roanoke County, and the Westem Virginia Water Authority, the City proposes to convey to the Authority on or after July I, 2004, the following described property, and related access and utility easements, in order that the Authority can operate a full service authority responsible for the supply, treatment, distribution, and transmission of water and the collection and treatment of wastewater: Propertv Within the Citv of Roanoke: Name of Parcel Tax Parcel No, Peakwood Pump Station 1090604 Jefferson Hills Lift Station 1390216 Park Lane Lift Station 1400214 Round Hill Reservoir 2151222 Delrav Pump Station 2280202 Carroll Avenue Tank 2330901 Washington Heights Tank 2770406 Sand Road Borrow Pit 3250229 3250429 3250430 3250431 3250432 3250433 3250505 3250506 3250801 ULS Hollins Building 3280201 Chapel Forest Pump Station 4100204 Wastewater Treatment Plant 4330301 Muse Spring Well 4360601 4360604 Mount Pleasant Tank 4440737 Garden City Pump Station 4471209 New Hope Well 4530206 220 Tank 5380121 220 Pump Station 5380122 Eugene Drive Tank 6050503 Statesman Pump Station 7080103 RCIT Tank 7230103 H:\AMISC\n-wvwapropertytransferfinal.doc Portions of Tax Parcel Numbers being subdivided: Name of Parcel Tax Parcel No. Comments Sports Complex Well 1040401 Approx, 30,909 SF Fire Station #8 Well 1051601 Approx. 5,224 SF Lakewood Pump Station 1350601 Approx. 7,976 SF Grandin Court Tanks 1570101 Approx, 104,485 SF Mill Mountain Tanks 4050306 Approx. 4,740 SF 4160108 Approx, 10,421 SF Crystal Spring Filtration Plant 4060502 Approx. 27,7 acres Riverland Road Tank 4180102 Approx, 16,7 acres Mount Pleasant Pump Station 4250203 Approx. 11,967 SF Garden City Well #1 4260505 Approx, 9,722 SF Garden City Well #3 4360401 Approx. 4,616.4 SF 4360402 Approx. 4,434.3 SF Garden City Well #2 4360503 Approx. 6,057 SF 4360504 Approx, 8,857 SF Garden City Reservoir 4500201 Approx. 12.6 acres 4510930 Approx, 0.3 acres Peakwood Reservoir 5440102 Approx. 22,532 SF Propertv Within Roanoke Countv: Carvins Cove Natural Reserve - In Roanoke County, Tax Parcel 018.00-01-05.00-0000 and approximately 165.7 acres of Tax Parcel 018.00-01-09.00-0000 below the 1200 foot elevation contour including and adjacent to the backwater pool created by the Carvins Cove Dam and the southeasterly most out-parcel above and below the 1200 foot elevation contour adjacent to the backwater pool created by the Carvins Cove Dam that includes the Carvins Cove Treatment Plant Item Name Parcel ill Hollins Water Tank 027.08-02-15.00-0000 Boxl~ Hills Pump Station 038.06-09-02.00-0000 Sewer Line - Florist Road Area 038.11-01-01.00-0000 Falling Creek Pump Station Entrance 051.03-02-20.00-0000 Smith Spring 060.15.01-23.00-0000 Virginia A venue Regulator Valve 060.20-01-12,00-0000 Sewage Disposal Plant Land 070.11-01-01.00-0000 Franklin Road - Back Creek 107.00-01-05.00-0000 Propertv Within Botetourt Countv: In Botetourt County, Tax Parcels 85-81-B and 100-48, approximately 1017.2 acres of Tax Parcel 99-1, and approximately 8,6 acres of Tax Parcels 100-78, and 100-78A below the 1200 foot elevation contour, including and adjacent to the backwater pool created by the Carvins Cove Dam H:\AMISC\n-wvwapropertytransferfinal.doc Prooertv Within Bedford Countv: Item Name Parcel ill Beaverdam & Falling Creek Reservoirs 120 A 10 Parkway Water Tank 137 1 3B Water Valves Bedford Co Elem.School 155A A 68 Prooertv Within Salem: I Pumping Station on Hemlock Road I Parcel 224-1-5,1 Pursuant to the requirements of gI5.2-1800(B) and gI5.2-1813, 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 June 21, 2004, commencing at 7:00 p.m, in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Further information is available from the Office of the City Clerk for the City of Roanoke at (540) 853-2541. Citizens shall have the opportunity to be heard and express their opinions on 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, June 13,2004. GIVEN under my hand this ~ day of June ,2004, Mary F. Parker, City Clerk H:\AMISC\n-wvwapropertytransferfinal.doc NOTE TO PUBLISHER: Publish once in full in The Roanoke Times, on June II, 2004, in the non-legal section as a display ad, in BLOCK FORM. MAIL PUBLISHER' S AFFIDAVIT TO: Mary F. Parker, City Clerk 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 240 I I (540) 853-2541 ALSO: MAIL PUBLISHER'S AFFIDAVIT AND INVOICE TO: Michael T. McEvoy, Director of Utilities City of Roanoke 2012 South Jefferson Street, Suite 200 Roanoke, Virginia 24014 H: \Notices \n - wvwapropertytransferfinal(06- 21-04 ).doc , CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk June 28, 2004 File #60-77-226 Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Troy A. Harmon, Municipal Auditor Dear Ms. Burcham and Gentlemen: I am attaching copy of Ordinance No. 36759-062104 establishing compensation for the City Manager, City Attorney, Director of Finance, Municipal Auditor, and City Clerk for the fiscal year beginning July 1, 2004, and ending June 30, 2005, and for succeeding fiscal years unless modified by ordinance duly adopted by Council, the annual salaries of Council-appointed officers shall be the salary received by each during the fiscal year July 1, 2003, ending June 30, 2004, increased by three and one-half percent (3.5%). The abovereferenced measure was adopted by the Council ofthe City of Roanoke at a regular meeting which was held on Monday, June 21, 2004. Sincerely, /J ~~j~. Mary F. Parker, CMC City Clerk MFP:ew Attachment pc: Kenneth S. Cronin, Director, Human Resources ~ ,~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21't day of June, 2004. No. 36759-062104. AN ORDINANCE establishing compensation for the City Manager, City Attorney, Director of Finance, Municipal Auditor, and City Clerk, for the fiscal year beginning July 1, 2004; and dispensing with the second reading by title of this ordinance. BE IT ORDAlNED by the Council of the City of Roanoke as follows: 1. For the fiscal year beginning July I, 2004, and ending June 30, 2005, and for succeeding fiscal years unless modified by ordinance duly adopted by this Council, the annual salaries of Council-appointed officers shall be the salary received by each during the fiscal year July I, 2003, ending June 30, 2004, increased by three and one-half percent (3.5%). 2. Any increase in compensation due to any officer or employee under this Ordinance shall be first paid with the first paycheck in July, 2004. 3. The Director of Finance shall continue to pay on an installment basis the swn of $8,000.00 per calendar year to ICMA as deferred compensation on behalf of the five incwnbent Council-appointed officers. The sum shall be paid in equal quarterly installments. 4. In no calendar year shall amounts of deferred compensation contributed by the City to ICMA on behalf of the Council-appointed officers exceed the maximwn amount permitted by the Internal Revenue Code and IRS regulations to be deferred on a tax-free basis annually. 5. The Director of Finance shall be authorized, for and on behalf of the City, to execute any documents required by ICMA to implement this ordinance. 6. This ordinance shall remain III effect until amended or repealed by ordinance duly adopted by City Council. 7. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED A~~!L City Clerk.