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Home My WebLink AboutCouncil Actions 07-19-04 Dowe $6776-07 904 ROANOKE CITY COUNCIL REGULAR SESSION JUL Y 19, 2004 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order- Roll Call. The Invocation was delivered by Mayor C. Nelson Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor C. Nelson Harris. Welcome. Mayor Harris. NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's meeting will be replayed on Channel 3 on Thursday, July 22, 2004, at 7:00 p.m., and Saturday, July 24, 2004, at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., OR CALL 853-2541. THE CITY CLERK'S OFFICE PROVIDES THE M/~JORITY OF THE CITY COUNCIL AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT WWW. ROANOKEGOV.COM, CLICK ON THE ROANOKE CITY COUNCIL ICON, CLICK ON MEETINGS AND AGENDAS, AND DOWNLOAD THE ADOBE ACROBAT SOFTWARE TO ACCESS THE AGENDA. ALL PERSONS WISHING TO ADDRESS COUNCIL ARE REQUESTED TO REGISTER WITH THE STAFF ASSISTANT WHO IS LOCATED AT THE ENTRANCE TO THE COUNCIL CHAMBER. ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLO'I-i-ED FIVE MINUTES EACH, HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLO'I-I'ED THREE MINUTES. ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMI~-fEE IS REQUESTED TO CONTACT THE CITY CLERK'S OFFICE AT 853-2541, OR ACCESS THE CITY'S HOMEPAGE AT WWW. ROANOKEGOV.COM, TO OBTAIN AN APPLICATION. 2. PRESENTATIONS AND ACKNOW[FDGEMENTS: The Mayor recognized two employees from the Roanoke Valley Juvenile Detention Center who recently received awards from the National Juvenile Detention Association; i.e.: Rick Weekly who received the Bob Rader Detention Services Worker of the Year Award for helping to implement the video court system that allows juveniles to be arraigned without leaving the Juvenile Detention facility; and Kelvin Edwards who received the Bob Rader Line Staff Worker of the Year Award for his participation in 2 a program called Impact 180 which is a leadership based treatment alternative to State facilities for non violent offenders. File #80-305 w CONSENT AGENDA C-1 Approved (7-0) ALL MA'I-I'ERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THEREWILL BE NO SEPARATE DISCUSSION OFTHE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. Minutes of the special meeting of Council held on Thursday, May 13, 2004. C-2 C-3 RECOMMENDED ACTION: Dispense with the reading of the minutes and approve as recorded. A communication from Mayor C. Nelson Harris requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in the request. File #110-132 A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss disposition of publicly-owned property, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in the request. File #2-132 C-4 C-5 C-6 C-7 C-8 A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss disposition of publicly-owned property, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in the request. File #2-132 A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss acquisition of real property for a public purpose, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in the request. File #2-132 A communication from Council Member Brenda L. McDaniel tendering her resignation as a member of the Roanoke Public Library Board, effective immediately. RECOMMENDED ACTION: File #110-132-323 Accept resignation and receive and file communication. Acommunication from S.James Sikkematendering his resignation as a member of the Parks and Recreation Advisory Board, effective immediately. RECOMMENDED ACTION: File #67-110 Accept resignation and receive and file communication. A communication from Carl H. Kopitzke, Chair, Parks and Recreation Advisory Board, advising of the resignation of Geraldine LaManna as a member of the Parks and Recreation Advisory Board, effective immediately. RECOMMENDED ACTION: Accept resignation and receive and file communication. 4 C-9 Qualification of Brenda L. McDaniel as a Member of the Council of the City of Roanoke to fill the unexpired term of C. Nelson Harris, ending June 30, 2006. RECOMMENDED ACTION: Receive and file. File #15-110-132 REGULAR AGENDA 4. PUBLIC HEARINGS: NONE. 5. PETITIONS AND COMMUNICATIONS: Request of Total Action Against Poverty in the Roanoke Valley, inc., to address the City's support of various activities/programs. Ted Edlich, President; and Ann Fisher, Executive Director, Virginia CARES, Spokespersons. (Sponsored by Mayor Harris and Vice-Mayor Fitzpatrick.) The City of Roanoke was requested to include funding for Virginia CARES and the Pre and Post Incarceration Services (PAPIS) programs as a part of the City's Legislative Program for the 2005 Session of the General Assembly. Vice-Mayor Fitzpatrick, Chair, Legislative Committee, requested that information be provided to the City Attorney for inclusion in the City of Roanoke's proposed 2005 Legislative Program for consideration by Council acting as the Legislative Committee. File #137-226 Presentation of the 2003 Annual Report of the Fair Housing Board. Nancy F. Canova, Chair, Spokeperson. (Sponsored by the City Manager.) Received and filed. File #109-178 6. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: 1. Execution of Amendment No. 1 to the Subgrant Agreement with Roanoke Area Ministries to provide additional Community Development Block Grant funds for completion of the rehabilitation facility, in the amount of $80,000.00. Adopted Resolution No. 36776-071904. (7-0) File #236-351 2. Adoption of a measure amending Resolution No. 31301-011193 to reestablish membership of the Roanoke Interagency Council. Adopted Resolution No. 36777-071904. (7-0) File #110-364 3. Execution of a contract with the Fifth District Disability Services Board to provide continuing local administrative staff support. Adopted Budget Ordinance No. 36778-071904 and Resolution No. 36779-071904. (7-0) File #438 4. Appropriation of $25,000.00 in connection with the Trevino Drive Storm Drain, Phase I Project. Adopted Budget Ordinance No. 36780-071904. (7-0) File #27-60-468 6 Establishment of local incentives and an amendment to the City Code in connection with Enterprise Zone One A, and authorization to make rules and regulations implementing local incentives. Adopted Budget Ordinance No. 36781-071904 and Ordinance Nos. 36782-071904 and 36783-071904. (7-0) File #60-266 Acceptance of a $5,000.00 Local Government Challenge Grant from the Virginia Commission for the Arts. Adopted Budget Ordinance No. 36784-071904 and Resolution No. 36785-071904. (7-0) File #60-236 Acceptance of a $314,433.00 State Homeland Security Grant from the Virginia Department of Emergency Management. Adopted Budget Ordinance No. 36786-071904 and Resolution No. 36787-071904. (7-0) File #5-60-188-236 Acceptance of the donation of $11,732.00 from First Team, Inc., to be used by the Roanoke City Sheriff's Office for lease payments for a new DARE vehicle. Adopted Budget Ordinance No. 36788-071904 and Resolution No. 36789-071904. (7-0) File #60-68-121 Authorization to allow the taking of deer over bait as part of the City's Deer Management Program; and execution of a revised Memorandum of Understanding with the Department of Game and inland Fisheries. Adopted Resolution No. 36790-071904. (5-2, Mayor Harris and Council Member Wishneff voted no.) File #54-212 b. DIRECTOR OF FINANCE: Establishment of compensation for the Clerk of Circuit Court, Commonwealth's Attorney, Commissioner of the Revenue, City Sheriff, and City Treasurer. Adopted Ordinance No. 36791-071904. (7-0) File #34-103-121-133 7. REPORTS OF COMMI'I-rEES: Request of the Roanoke City School Board for appropriation and transfer of funds to various school accounts; and a report of the Director of Finance recommending that Council concur in the request. Richard L Kelley, Assistant Superintendent of Operations, Spokesperson. Adopted Budget Ordinance No. 36792-071904. (7-0) File #60-467 8. UNFINISHED BUSINESS: NONE. 9. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: An Ordinance amending the City Code to eliminate the Budget and Planning Committee. Adopted Ordinance No. 36793-071904. (7-0) File #24-60-110 An Ordinance amending the City Code to eliminate Council liaison representation on the Roanoke Civic Center Commission. Adopted Ordinance No. 36794-071904. (7-0) File #24-110-192 1 0. MOTIONS AND MISCELLANEOUS BUSINESS: Inquiries and/or comments bythe Mayor, Vice-Mayor and Members of City Council. Council Member Dowe commended staff and volunteers of the 15th Annual Virginia Commonwealth Games which was held in the City of Roanoke on July 16 - 18, 2004. File #80-334 Council Member Dowe requested that the matter of installing air conditioning in the gymnasium at Eureka Park Recreation Center be referred to the City Manager for report to Council File #67 At the request of Council Member Wishneff, a letter from the City Attorney under date of July 2, 2004, with regard to advisory referenda was referred to the Legislative Committee for discussion prior to October 11,2004, when the matter will be considered by the Senate Local Government Committee. File #53-137 b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. 1 1. HEARING OF CITIZENS UPON PUBLIC MATfERS: 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. William Bryant, 124 Fleming Avenue, N. E., spoke with regard to preserving/renovating Victory Stadium as a historic landmark. File #122 9 Ms. Helen E. Davis, 35 Patton Avenue, N. E., advised that the work session which was held earlier in the day regarding Victory Stadium should have been televised for viewing by the general public. If the study includes constructing a stadium/ amphitheater at the Orange Avenue/Williamson Road site, she asked that citizens of Gainsboro and Lincoln Terrace be taken into consideration inasmuch as the area currently bears the burden of noise, traffic and littering from events at the Roanoke Civic Center. File #20-66-122-192 Mr. E. Duane Howard, 508 Walnut Avenue, S. W., commended Council on the Victory Stadium workshop, and asked that future studies include activities for youth such as gravity sports and their economic impact on the Roanoke Valley. File #122-1 92-304 Ms. Pat Lawson, 161 8 Riverside Terrace, S. E., spoke in support of preserving Victory Stadium for its historic value. File #122 Mr. Robert Gravely, 729 Loudon Avenue, N. W., spoke with regard to the need for more affordable housing in the City of Roanoke, improved wages for City employees, the need to market Victory Stadium, and infrastructure improvements in the inner City. File #122-1 78-184 12. CITY MANAGER COMMENTS: The City Manager advised that she spoke at the 20th William Fleming High School Reunion on Saturday, July 17, 2004, which was attended by approximately 150 graduates, many of whom no longer reside in the City of Roanoke. She stated that these are the kinds of young people that Roanoker's would like to welcome back to the City of Roanoke. The City Manager advised that the Roanoke Valley Economic Development Partnership and the Roanoke County Economic Development Department received National Accreditation from the International Economic Development Council at a ceremony which was held on Monday, July 19, 2004, at the Jefferson Center. She stated that this was a significant occasion inasmuch as the City of Roanoke and Roanoke County are the first city, county and regional organization in the nation to receive this distinction. File #450-467 CERTIFICATION OF CLOSED SESSION. (7-0) The following persons were appointed/reappointed to certain Council appointed boards and commissions: Court Community Corrections Program Regional Community Criminal Justice Board File #15-110-242 A. L. Gaskins, George A. McMillan and William H. Cleaveland for terms ending June 30, 2007. Roanoke Neighborhood Advocates File #15-110-488 Richard J. Nichols for a term ending June 30, 2007. Regional Virginia Alcohol Safety Action Program Policy Board File #110-536 A. L. Gaskins for a term ending June 30, 2006. Flood Plain Committee File #110-237 E. L. Noell for a term ending June 30, 2005. Roanoke Valley Allegheny Regional Commission 15-110-326 William D. Bestpitch to fill the unexpired term of R. Brian Townsend, resigned, ending June 30, 2006. Metropolitan Planning Organization File # M. Rupert Cutler to fill the unexpired term of William D. Bestpitch, ending June 30, 2005. ROANOKE CITY COUNCIl REGULAR SESSION JUL Y 19, 2004 7:00 P.M. CITY COUNCII CHAMBER A~ENDA Call to Order -- Roll Call. The Invocation was delivered by Vice-Mayor Beverly T. Fitzpatrick, Jr. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor C. Nelson Harris. Welcome. Mayor Harris. NOTICE: The Council meeting will be televised live on RVmVChannel 3 to be replayed on Thursday, July 22, 2004, at 7:00 p.m., and Saturday, July 24, 2004, at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE. 13 A. PUBLIC HEARINGS: Proposed lease with regard to a portion of City-owned property located at the Roanoke Civic Center to Triton PCS, Inc., d/b/a SunCom, for construction and operation of a 110-foot flagpole communication facility and related equipment. G. Michael Pace, Jr., Attorney. (Withdrawn by the petitioner.) Withdrawn File #192-373 Request of the City of Roanoke to rezone a certain tract of land located at 2102 Grandin Road, S. W., Official Tax No. 1460101, from RS-l, Residential Single-Family District, to INPUD, Institutional Planned Unit Development District, subject to certain conditions proffered by the petitioner. Darlene L. Burcham, City Manager. Adopted Ordinance No. 36795-071904. (7-0) File #51 Request of the League of Older Americans, Inc., for exemption from local real estate taxation of real property located at 706 Campbell Avenue, S.W. Rae Campbell, President, Spokesperson. Adopted Ordinance No. 36796-071904. (7-0) File #79-162 Amendment of Vision 2001 -2020, the City's Comprehensive Plan, to include the Riverland/Walnut Hill Neighborhood Plan. R. Brian Townsend, Agent, City Planning Commission. Adopted Ordinance No. 36797-071904. (7-0) File #200-424 OTHER BUSINESS: 1 .(a) Petition for appeal from a decision of the Architectural Review Board, filed by Stephanie Brown, d/b/a/Southern Property Investments, Inc., with regard to property located at 422/424 Woods Avenue, S. W. 14 (b) Recommendation of the Architectural Review Board that Council affirm a decision of the Board to deny issuance of a Certificate of Appropriateness, in connection with the above-referenced property. Robert N. Richert, Chair, Architectural Review Board; and R. Brian Townsend, Director, Planning, Building and Development, Spokespersons. Based upon evidence presented to Council at its meeting on Monday, July 19, 2004, Council affirmed the decision of the City of Roanoke Architectural Review Board on May 13, 2004, that no Certificate of Appropriateness be issued for the installation of vinyl siding at 422/424 Woods Avenue, S. W., as set forth in the Petition for Appeal, on the grounds that the proposed installation would not be compatible with the architectural defining features of the building. (5-2, Council Members Lea and Wishneff voted no) File #249 C. HEARING OF CITIZENS UPON PUBLIC MA'I-FERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. MA'I-FERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. Mr. Leon Slate, 4611 Edgelawn Avenue, N. W., expressed concern with regard to unsafe living con_d, itions in his neighborhood; i.e.: unsolved murders, prostitution and drugs. File #5-66-76 Mr. Chris Craft, 1501 East Gate Avenue, N. E., spoke in support of renovating Victory Stadium. Instead of constructing a new stadium/amphitheater, he stated that the funds should be used for a salary increase for teachers and to decrease the number of students in school classrooms. File #122-467 Rick Weekly received the Bob Rader Detention Services Worker of the Year Award from the National Juvenile Detention Association and Kelvin Edwards received the Bob Rader Line Staff Worker of the Year Award. Both Rick and Kelvin are employed at the Roanoke Valley Juvenile Detention facility. Rick helped to implement the video court system that allows juveniles to be arraigned without leaving the Juvenile Detention facility. Kelvin works in a program called Impact :~80 which is a leadership based treatment alternative to State facilities for non violent offenders. Youth learn discipline and respect through repetition classes targeted to substance abuse and other issues and service projects. They also earn their drivers license and take the GED developmental test. (3-1 1069 SPECIAL SESSION ..... ROANOKE CITY COUNCIL May 13, 2004 2:00 p.m. The Council of the City of Roanoke met in special session on Thursday, May 13, 2004, at 2:00 p.m., in the 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. 36673-041904 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 (arrived late), and Mayor Ralph K. Smith ........................................... 7. ABSENT: None ................................................ 0. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Ann H. Shawver, Deputy Director of Finance; and Mary F. Parker, City Clerk. The Invocation was delivered by Vice-Mayor C. Nelson Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Smith. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: BUDGET: A certificate from the Director of Finance certifying that funds required for the 2004-2005 General Fund, Civic Facilities Fund, Parking Fund, Market Building Operations Fund, Department of Technology Fund, Fleet Management Fund, Risk Management Fund, School Fund, School Food Services Fund, and Grant Fund budgets will be available for appropriation, was before Council. Without objection by Council, the Mayor advised that the Certificate would be received and filed. 1070 CITY CODE-BUDGET-TAXES: The City Manager submitted a communication advising that in reviewing the current assessment of administrative costs associated with collection fees, the Department of Billings and Collections identified the need to update the City Code to reflect changes to the Code of Virginia (1950) as amended, regarding payment of administrative costs that became effective on July 1, 2003. It was further advised that Section 2-178.4-Assessment of Administrative Costs, allows the City to charge delinquent taxpayers an administrative collection fee in addition to all taxes, penalties, and interest the taxpayer may owe, as follows: (a) $30.00 for collection action that includes filing of a warrant or legal document (such as a lien or wage assignment, which means that the fee is applied only to the issuance of liens, distress warrants, and wage assignments and not for regular collection letters or efforts). (b) $35.00 if the total amount due is collected subsequent to a judgment. (c) $150.00 or 25 per cent of the collection cost, whichever is less, if the collection activity is for a nuisance abatement fee; however, in no event shall the fee be less than $25.00. It was explained that Section 58.1-3958 of the State Code authorizes imposition of administrative costs and provides that administrative costs shall be in addition to all penalties and interest and shall not exceed: (a) $30.00 for taxes or other charges collected subsequent to 30 or more days after notice of delinquent taxes or charges, which means that the fee can be applied 30 days after an initial notice of delinquency. (b) $35.00 for taxes or other charges collected subsequent to judgment. (c) $150.00 or 25 per cent of the cost, if the collection activity is to collect on a nuisance abatement lien; however, in no event shall the fee be less than $25.00. 1071 It was noted that the change to the State Code provides that the fee can be applied to taxes and other charges 30 days after the initial notice of delinquency, rather than waiting for issuance of a legal document such as a lien or distress warrant. The City Manager recommended that the City Code be updated to reflect changes made to the State Code, effective July 1, 2003, regarding payment of administrative costs. Mr. Cutler offered the following ordinance: (#36685-051304) AN ORDINANCE amending §2-178.4, Assessment of administrative costs., of Article VIII, Finance Generally, of Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, by allowing an administrative charge to be imposed for the collection of taxes or other charges thirty days after notice of delinquency concerning such taxes or other charges; providing for an effective date; and dispensing with the second reading of this ordinance by title. (For full text or Ordinance, see Ordinance Book 68, Page 444.) Mr. Cutler moved the adoption of Ordinance No. 36685-051304. The motion was seconded by Mr. Fitzpatrick and adopted by the following vote: AYES: Council Members, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt and Mayor Smith .................................................... 7. NAYS: None .................................................... 0. SEWERS AND STORM DRAINS-BUDGET-EMERGENCY SERVICES-FEE COMPENDIUM-LAW LIBRARY: The City Manager submitted a communication advising that in developing the budget for fiscal year 2004-2005, departments were asked to look at their fee structures and, where feasible, propose fee schedule changes that focus on recovering the cost of providing services; the recommended fiscal year 2004-2005 budget incorporates proposed fee structure changes for emergency medical services, cross connection inspections, and Law Library fees; and proposed changes are reflected in budget ordinances which have been presented to Council for adoption for fiscal year 2004-2005, effective July 1, 2004. 1072 Emergency Medical Services Fee: Currently the Fire/EMS department provides stand-by services for concerts, sporting events, and other special events; Fire-EMS has been recovering a portion of the cost for providing these supportive services; the proposed Advanced Life Support Emergency Medical Services Technician fee is $20.00/hour; the proposed Advanced Life Support Unit fee is $35.00/hour; in addition, the College of Health Sciences will assign a student to establish Fire/EMS paramedics for the purpose of training through the EMS Externship program; a fee of $35.00 per student for each 12 hours covers a portion of the cost associated with training activities, and the fees need to be incorporated into the Fee Compendium. Cross Connection Fee The recently adopted Virginia Uniform Statewide Building Code (USBC) Section 131.0. IPMC Subsections 505.5,505.5.1, and 505.5.2 requires an annual inspection of back-flow preventers; back-flow preventers are plumbing related fixtures which ensure that various types of plumbing systems do not send water back into the public water supply system and reduce potential contamination; currently, only devices associated with new construction are initially inspected; the City will require that testable back-flow preventers as required by USBC installed for commercial/industrial use are inspected on an annual basis to ensure continued function; residential sprinkler meters, which are a concern due to the possibility of backfeeding chemicals from lawns and pesticides into the water system, will also be required to be inspected; a certification fee of $35.00 will be assessed on each back-flow preventer inspected to certify continued function; with the adoption ora fee, annual inspections to be conducted by third party inspectors will be conducted on all existing devices; and the program will be carried out in a similar manner as the elevator inspection program. Law Library Account Fee The Library currently makes available accounts for black and white copies made by attorneys who are members of the Roanoke Bar Association; an annual maintenance fee of $10.00 is charged per fiscal year; the annual fee is imposed for use of the photocopier, computer printer, fax or other services, and the fee needs to be incorporated into the Fee Compendium. 1073 The City Manager recommended that Council adopt the appropriate measures and amend the City's Fee Compendium to reflect changes in emergency medical services fees, cross connection fee and law library account fees, effective July 1, 2004. Mr. Harris offered the following resolution: (#36686-051304) A RESOLUTION amending the City's Fee Compendium by establishing certain fees for Emergency Medical Standby Services; and establishing an effective date. (For full text of Resolution, see Resolution Book No. 68, Page 446.) Mr. Harris moved the adoption of Resolution No. 36686-051304. The motion was seconded by Mr. Fitzpatrick and adopted by the following vote: AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt and Mayor Smith .................................................... 7. NAYS: None .................................................... 0. Mr. Dowe offered the following resolution: (#36687-051304) A RESOLUTION amending the City's Fee Compendium to establish a fee for certification of certain backflow preventers, and providing for an effective date. (For full text of Resolution, see Resolution Book No. 68, Page 447.) Mr. Dowe moved the adoption of Resolution No. 36687-051304. The motion was seconded by Mr. Fitzpatrick and adopted by the following vote: AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt and Mayor Smith .................................................... 7. NAYS: None .................................................... 0. 1074 Mr. Dowe offered the following resolution: (#36688-051304) A RESOLUTION amending the City's Fee Compendium to establish a maintenance fee against each holder of a photocopier/services account for use of the photocopier and related services located in the Roanoke Law Library. (For full text of Resolution, see Resolution Book No. 68, Page 448.) Mr. Dowe moved the adoption of Resolution No. 36688-051304. The motion was seconded by Mr. Fitzpatrick and adopted by the following vote: AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt and Mayor Smith .................................................... 7. NAYS: None .................................................... 0, CITY CODE-SEWERS AND STORM DRAINS-FEE COMPENDIUM-WATER RESOURCES: The City Manager submitted acommunication advising that a sewer rate increase for City residents of 15 per cent, effective July 1, 2004, was approved by Council pursuant to Ordinance No. 36309-051203, adopted on May 12, 2003; creation of the Western Virginia Water Authority, however, presents an opportunity to restructure costs and debt service needs; and by combining operations with Roanoke County, the planned rate increase can be deferred over a six year period, allowing the July 1, 2004 sewer rate increase to be rescinded. The City Manager recommended that Council amend Ordinance No. 36309-051203, in order to rescind the sewer rate increase scheduled to go into effect on July 1, 2004, and amend the Fee Compendium accordingly. Mr. Cutler offered the following ordinance: (#36689-051304) AN ORDINANCE amending Ordinance No. 36309-051203, adopted May 12, 2003, in order to rescind a scheduled rate increase for certain sewage treatment charges; amending the Fee Compendium; and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 68, Page 449.) 1075 Mr. Cutler moved the adoption of Ordinance No. 36689-051304. The motion was seconded by Mr. Fitzpatrick and adopted by the following vote: AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt and Mayor Smith .................................................... 7. NAYS: None .................................................... O. BUDGET-CAPITAL IMPROVEMENTS PROGRAM: The City Manager submitted a communication advising that the Capital Improvement Program (CIP) for Fiscal Years 2005-2009 is a plan recommended for approval by Council for capital expenditures to be incurred over the next five years, in order to address priority long-term capital needs of the City of Roanoke; and the CIP reflects the current status of projects which have previously been approved and funded by Council, and is a revision to the Fiscal Years 2004-2008 Capital Improvement Program approved by Council on May 12, 2003. It was further advised that on April 19, 2004, Council received the proposed Capital Improvement Program for Fiscal Years 2005-2009 as part of the Recommended Resource Allocation Plan, which includes the Capital Improvement Program Summary of projects; and the Capital Improvement Program for Fiscal Years 2005-2009 is comprised of capital projects with an estimated cost of project completion totaling $276,138,289.00. It was explained that additional funding of $8,775,000.00 is required for renovation/construction of Patrick Henry High School and $4,775,000.00 is needed for the William Fleming High School renovation/construction project, as discussed in meetings of the Budget and Planning Committee and during the Financial Planning Work Session; and bonds will be issued during fiscal year 2004-2005 for the following projects: · Police Building Phase II · Fire-EMS Facilities · Riverside Center for Research & Technology · Lincoln Terrace Elementary School · Patrick Henry High School · Downtown West Parking Garage · Civic Facilities Expansion and Renovation $ 6,670,000.00 $ 4,431,000.00 $ 5,500,000.00 $ 1,300,000.00 $ 39,275,000.00 $ 2,000,000.00 $ 14,300,000.00 1076 The City Manager recommended that Council take the following actions to continue implementation of the CIP: adopt a resolution endorsing the update to the CIP; authorize a public hearing to be held on Monday, June 21, 2004, for issuance of general obligation bonds for Police Building Phase II ($6,670,000.00), Fire-EMS Facilities ($4,431,000.00), Patrick Henry High School ($1,275,000.00), and Downtown West Parking Garage ($2,000,000.00). It was advised that Council previously authorized issuance of bonds for the Civic Center Expansion/Renovation project, the Riverside Center for Research and Technology, $45.5 million of the Patrick Henry High School Renovation/Construction project, and the Lincoln Terrace Elementary School improvement project. The City Manager further recommended that Council appropriate $3,351,434.00 included in the fiscal year 2004-2005 Transfers to Capital Projects Account No. 001-250-9310-9508 to respective capital project accounts established by the Director of Finance for the following projects: $150,000 to Capital Project Account No. 008-052-9549 for Bridge Maintenance, $436,860.00 to Capital Project Account No. 008-530-9678 for Fire/EMS Facility Improvements Program, $199,274.00 to Capital Project Account No. 008-530-9736 for NPDES Phase II - Stormwater Management, $310,000.00 to Capital Project Account No. 008-530-9803 for Transportation Projects, $900,000.00 to Capital Project Account No. 008-530-9821 for Municipal North Renovation, $1,000,000.00 to Capital Project Account No. 008-530-9776 for Public Works Service Center, $290,000.00 to Capital Project Account No. 008-620-9803 for Multipurpose Recreation Center, $54,000.00 to Capital Project Account No. 008-640-9903 for Police Academy Building, and $11,210.00 to Capital Project Account No. 008-310-9794 for Boxley Materials Company Performance Agreement. 1077 Mr. Fitzpatrick offered the following resolution: (#36690-051304) A RESOLUTION endorsing the update to the Capital Improvement Program submitted by the City Manager by letter of May 13, 2004. (For full text of Resolution, see Resolution Book No. 68, Page 451.) Mr. Fitzpatrick moved the adoption of Resolution No. 36690-051304. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt and Mayor Smith .................................................... 7. NAYS: None .................................................... 0. Mr. Dowe offered the following ordinance: (#36691-051304) AN ORDINANCE to appropriate funding from the General Fund for various capital improvement projects, amending and reordaining certain sections of the 2004-2005 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 68, Page 452.) Mr. Dowe moved the adoption of Ordinance No. 36691-051304. The motion was seconded by Mr. Fitzpatrick and adopted by the following vote: AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt and Mayor Smith .................................................. 7. NAYS: None .................................................. 0. BUDGET: Mr. Fitzpatrick offered the following ordinance: (#36692-051304) AN ORDINANCE adopting the annual General, Civic Facilities, Parking, Market Building Operations, Department of Technology, Fleet Management, Risk Management, School, School Food Services and Grant Funds Appropriations of the City of Roanoke for the fiscal year beginning July 1, 2004, and ending June 30, 2005; and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 68, Page 454.) 1078 Mr. Fitzpatrick moved the adoption of Ordinance No. 36692-051304. The motion was seconded by Mr. Dowe and adopted by the following vote: AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt and Mayor Smith .................................................... 7. NAYS: None .................................................... 0. POLICE DEPARTMENT-PAY PLAN-BUDGET-FiRE DEPARTMENT- COMMITTEES-CITY SHERIFF-PENSIONS-CITY EMPLOYEES: Mr. Dowe offered the following ordinance: (#36693-051304) AN ORDINANCE to adopt and establish aPayPlan for officers and employees of the City, effective July 1, 2004; providing for certain salary adjustments and merit increases; authorizing annual salary increments for certain officers and employees for use of private motor vehicles; authorizing annual salary increments for sworn police officers assigned to the Criminal Investigation Division; authorizing annual salary increments for certain members of the Fire-Emergency Medical Services Department who are certified as Emergency Medical Technicians; authorizing annual salary increments for certain members of the Fire-Emergency Medical Services Department who are members of the Regional Hazardous Materials Response Team; providing for continuation of a police career enhancement program; providing for continuation of a Firefighter/Emergency Medical Technician merit pay program; providing for a Community Oriented Policing Effort program; providing for payment of a monthly stipend to certain board and commission members; providing for an increase in base annual salary for any employee of the Sheriff who meets the qualifications for and has been appointed Master Deputy Sheriff; repealing Ordinance No. 36312-051203, adopted May 12, 2003, as amended by Ordinance No. 36478- 091503, adopted on September 15, 2003, except for Paragraph 16, thereof, relative to the annual salaries of the Mayor, Vice-Mayor and Council members to the extent of any inconsistency; effective July 1, 2004. (For full text of Ordinance, see Ordinance Book No. 68, Page 466.) Mr. Dowe moved the adoption of Ordinance No. 36693-051304. The motion was seconded by Mr. Fitzpatrick and adopted by the following vote: AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt and Mayor Smith .................................................... 7. NAYS: None .................................................... O. 1079 BUDGET-PENSIONS: The City Manager and the Director of Finance submitted a joint written report advising that retirees of the City of Roanoke Pension Plan (the Plan) are awarded cost-of-living adjustments (COLA) on an ad hoc basis by Council, the Plan does not include a provision for an automatic COLA due to the significant actuarial cost and related increase in contribution rates, thus, COLA's are not pre-funded in the Plan, but rather the increased cost is recognized when the increase has been awarded, and factors that are considered as part of the recommendation for an annual adjustment are the change in the Consumer Price Index, the increased cost to the Plan, the amount of raises provided by similar plans within the state, and the amount of increase provided by Social Security. It was further advised that eligible members of the City of Roanoke Pension Plan received a 1.4 per cent COLA on July 1, 2003, compared to a 2~25 per cent raise given to active employees; the 1.4 per cent COLA provided to retirees was the same percentage as the COLA given by Social Security, which is tied to the Consumer Price index; City of Roanoke retirees have received the same percentage COLA as given by Social Security for the past several years; the Recommended Budget for fiscal year 2005 includes a 3 per cent raise for active employees; Social Security provided a 2.1 per cent increase for calendar year 2004 and the same is being recommended for the City's retirees; the recommended increase applies to those retirees who retired on or before July 1, 2003; approximately 1,457 of 1,530 retirees, or 95 per cent of those receiving benefits as of March 31, 2004, will be eligible for the increase; and the increase will apply to a member's or surviving spouse's annual retirement allowance, excluding any incentive payments made under the Voluntary Retirement Incentive Program established by Ordinance No. 30473-41591 adopted on April 15, 1991, or to the retirement supplement paid according to Section 22.2-61 of the City Code. It was explained that the contribution rate for fiscal year 2005 will increase from 7.59 per cent to 9.56 per cent of payroll; additional cost to the General Fund is approximately $1,040,000.00; all City operating funds, along with the Roanoke Regional Airport Commission, School Board, Roanoke Valley Resource Authority, Roanoke Valley Detention Commission, Western Virginia Water Authority, and the Commonwealth of Virginia will assume their pro rata cost for funding the COLA; the proposed 2.1 per cent increase to eligible members of the Plan, effective July 1, 2004, will increase the average annual retirement allowance 1080 by approximately $238.00, costing the Plan an additional $346,955.00 annually; and the actuarial cost of a 2.1 per cent COLA is estimated at $3.3 million to be funded over the next 20 years through the annual payroll contribution rate, which results in an increase of approximately $220,000.00 in annual contributions to the Plan. It was noted that consideration was also given toa request by the President of the Roanoke City Retirees Association to provide a supplement toward health insurance for employees 65 years of age and older; the current supplement provides a monthly benefit to those employees with 20 or more years of service to age 65 (Medicare eligibility date) in an amount equal to 75 per cent of the amount the City of Roanoke contributes monthly toward the cost of a single active employee's health insurance; the supplement for calendar year 2004 is $206.25; and modifying the supplement to a lifetime benefit for current and future retirees would increase the fiscal year 2005 contribution rate from 9.56 per cent to 12.68 per cent, requiring an additional contribution of $2,125,000.00. The City Manager and the Director of Finance recommended that Council adopt an ordinance granting a 2.! per cent COLA for eligible retirees, and advised that while consideration was given to extending the supplement after Medicare eligibility age 65, due to the significant cost, no change is recommended to the supplement at this time. Mr. Dowe offered the following ordinance: (#36694-051304) AN ORDINANCE providing for certain supplemental benefits under the City of Roanoke Pension Plan to certain members of such Plan and certain of their surviving spouses; providing for an effective date; and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 68, Page 472.) Mr. Dowe moved the adoption of Ordinance No. 36694-051304. The motion was seconded by Mr. Fitzpatrick and adopted by the following vote: AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt and Mayor Smith .................................................... 7. NAYS: None .................................................... 0. 1081 SISTER CITIES: Dr. Robert F. Roth, President, Roanoke Sister Cities, Inc., introduced guests from Roanoke's Sister City of Wonju, Korea. BUDGET-HOUSING/AUTHORITY: The City Manager submitted a communication advising that in order to receive Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Shelter Grant (ESG) funding, the U. S. Department of Housing and Urban Development (HUD) requires that entitlement localities such as the City of Roanoke submit a five year Consolidated Plan and Annual Updates. It was further advised that in a letter dated March 24, 2004, Council received an update on the tentative HUD funding recommendations for fiscal year 2004-2005; the proposed 2004-2005 Annual Update was provided to Council at a meeting on Monday April 19, 2004, as part of the Recommended Resource Allocation Plan; the draft Annual Update was made available for public review and comment for a 30-day period beginning April 8 and ending May 7, 2004; opportunities for citizen input were provided at three public hearings which were held on November 6, 2003, April 1, 2004, and April 29, 2004; in addition, information regarding availability of the plan for public review was sent to each member of the Roanoke Neighborhood Advocates; a summary of the plan and related information was also posted on the City's website, including details to assist the public in submitting comments and the deadline for receipt of comments; and to ensure that the City's HUD fiscal year begins on July 1, 2004, HUD must receive the Annual Update by May 17, 2004. It was advised that fiscal year funding for fiscal year 2004-2005 will be available from the following sources: New 2004-2005 HUD Entitlements Estimated 2004-2005 Program Income Estimated Prior Year Excess Program Income Estimated Prior Year Carry-over Total HUD Funds $3,096,030.00 515,051.00 133,218.00 20,000.00 $3,764,299.00 It was further advised that it is estimated that the $3.8 million in HUD funds indicated above will leverage or otherwise be combined with as much as an additional $9.2 million in other public and private funding, thus, the total estimated investment in activities included in the Annual Update is approximately $13.0 million. 1082 The City Manager recommended that Council approve the 2004-2005 Annual Update, and authorize the City Manager, or her designee, to submit the Annual Update to HUD for final review and approval, including execution of all necessary documents pertaining thereto, such documents to be approved as to form by the City Attorney. Mr. Cutler offered the following resolution: (#36695-051304) A RESOLUTION authorizing the City Manager to submit an approved Annual Update to the Consolidated Plan for FY 2004-2005 to the United States Department of Housing and Urban Development (HUD) for final review and approval, and authorizing execution of the appropriate documents for the acceptance of such funding. (For full text of Resolution, see Resolution Book No. 68, Page 474.) Mr. Cutler moved the adoption of Resolution No. 36695-051304. The motion was seconded by Mr. Fitzpatrick and adopted by the following vote: AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt and Mayor Smith .................................................... 7. NAYS: None .................................................... O. SCHOOLS-OATHS OF OFFICE: The Mayor advised that on June 30, 2004, there will be two vacancies on the Roanoke City School Board, and Courtney A. Penn, Alvin L. Nash, and Linda F. Wright were interviewed for the two vacancies on Thursday, April 29, 2004. The Mayor announced that Council Members could cast their votes for up to two applicants for the vacancies; whereupon, he instructed the City Clerk to call the roll. FOR MR. NASH: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt and Mayor Smith ......................................... 7. FOR MR. PENN: Council Members Bestpitch, Cutler and Dowe .......... 3. (Council Member Wyatt abstained from voting.) FOR MS. WRIGHT: Council Members Fitzpatrick, Harris and Mayor Smith--3. (Council Member Wyatt abstained from voting.) 1083 Having received a unanimous vote of the Council, the Mayor declared Alvin L. Nash to be a member of the Roanoke City School Board, for a term commencing July 1, 2004 and ending June 30, 2007. In a second round of voting, the Mayor stated that Council Members would cast their vote for one of the two remaining candidates; i.e.: CourtneyA. Penn or Linda F. Wright; whereupon, the following vote was recorded: FOR MR. PENN: Council Members Bestpitch, Cutler and Dowe .......... 3. (Council Member Wyatt abstained from voting.) FOR MS. WRIGHT: Council Members Fitzpatrick, Harris and Mayor Smith--3. (Council Member Wyatt abstained from voting.) (A tie vote was recorded.) Mr. Bestpitchmoved that Council convene in Closed Session to discussa vacancy on the Roanoke City School Board, pursuant to Section 2.2-3711(A) (1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt and Mayor Smith .................................................... 7. NAYS: None ................................................... 0. The Mayor declared the meeting in recess at 2:25 p.m. The Council meeting reconvened at 2:45 p.m., in the City Council Chamber, with all members of the Council in attendance, Mayor Smith 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 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. Bestpitch and adopted by the following vote: 1084 AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt and Mayor Smith ................................................... 7. NAYS: None .................................................... O. SCHOOLS-OATHS OF OFFICE: The Mayor announced that Council Members would cast their vote for one of the remaining candidates for a vacancy on the Roanoke City School Board, i.e.: CourtneyA. Penn or Linda F. Wright; whereupon, the following vote was recorded: FOR MR. PENN: Council Members Bestpitch, Cutler, Dowe and Fitzpatrick-4. FOR MS. WRIGHT: Vice-Mayor Harris and Mayor Smith ................ 2. (Council Member Wyatt abstained from voting.) Having received four affirmative votes, the Mayor declared Courtney A. Penn as a member of the Roanoke City School Board, for a term commencing July 1, 2004 and ending June 30, 2007. There being no further business, the Mayor declared the special meeting adjourned at 2:50 p.m. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor C. NELSON HARRIS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE. S.W.. ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540)853-2444 FAX: (540) 853-1 I45 July 19, 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, CNH:snh C. Nelson Harris Mayor CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com July 19, 2004 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for closed meeting Dear Mayor Harris and Council Members: This is to request that City Council convene aclosed meeting to discuss the disposition of publicly-owned property, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to §2.2-3711.A.3, Code of Virginia (1950), as amended. Sincerely, Darlene L. Burcham City Manager DLB/f CC: William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Mary F. Parker, City Clerk CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com July 19, 2004 The Honorable Mayor and Members of City Council Roanoke, Virginia Subject: Request for closed meeting Dear Mayor Harris and Council Members: This is to request that City Council convene a closed meeting to discuss the disposition of publicly-owned property, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to §2.2-3711.A.3, Code of Virginia (1950), as amended. Sincerely, Darlene L. Burcham City Manager DLB/f C: William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Mary F. Parker, City Clerk CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com July 19, 2004 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for closed meeting Dear Mayor Harris and Council Members: This is to request that City Council convene aclosed meeting to discuss the acquisition of real property for a public purpose, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the City, pursuant to §2.2-3711.A.3, of the Code of Virginia (1950), as amended. Sincerely, Darlene L. Burcham City Manager DLB/f CC: William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Mary F. Parker, City Clerk MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.ro anoke.va.us July 22, 2004 File 6'110-323 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Ms. Brenda L. McDaniel 2037 Carter Road, S. W. Roanoke, Virginia 24015 Dear Ms. McDaniel: Your resignation as a member of the Roanoke Public Library Board was before the Council of the City of Roanoke at a regular meeting which was held on Monday, July 19, 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 Public Library Board from January 2, 1996 to June 30, 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. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosure pc: Stanley G. Breakell, Vice Chair, Roanoke Public Library Board, 3256 Allendale Street, S. W., Roanoke, Virginia 24014 Sheila $. Umberger, Acting Director, Roanoke City Library Stephanie M. Moon, CMC, Deputy City Clerk C. Nelson Harris Mayor CITY OF ROANOKE CITY CO UNCIL 215 Church Avenue, S. W. Noel C. Taylor Municipal Building, Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 Council Members: M. Rupert Cutler Alfred T. Dowe, Jr. Beverly T. Filzpatrick, Jr. Sherman P. Lea Brenda L. McDaniel Brian J. Wishneff July 7, 2004 Mr. Stanley Breakell Vice President Roanoke Public Library Advisory Board 706 South Jefferson Street Roanoke, Virginia 24016 Dear Stan and Members of the Advisory Board, It is with regret that I submit my resignation as a member and current president of the Roanoke Public Library Advisory Board, a step made necessary by my recent appointment to Roanoke City Council to fill the unexpired term of Nelson Harris. It has been an honor to serve as a member of the Advisory Board since 1996 and as president since September 2003. I leave the board at a very exciting and critical time as the library study gathers steam; however, I am absolutely certain that under the leadership of Stan Breakell, the board will continue to build upon the momentum established by Mike Ramsey during his tenure as president. Stan has already taken a significant leadership role in promoting the library study and strengthening the Friends of the Library. We are fortunate to have Mike Ramsey continuing to serve on the advisory board even as he serves as president of the Library Foundation. The passion and commitment of both Mike Ramsey and Stan Breakell are extraordinary assets for the public library system. The library itself is in the able hands of Sheila Umberger as acting director until a search can be conducted for a new director. And the board and library can rest assured that they have one very strong advocate on Council for the next two years. with this resignation and the expiration of Gayle Graves' term, the board will have two vacancies, which I know the board will want to fill as soon as possible. I will have the pleasure of making one of those appointments, and Rupert Cutler will make the other. If you have candidates you wish to recommend for appointment to the board, please have them fill out an application for appointment in the City Clerk's office. Public Library Advisory Board July 7, 2004 Page 2 I want to express my profound thanks to every member of the Advisory Board for your hard work and devotion to the Roanoke Public Library. There is much work to be done and I know this board is up to the task. Please let me know how I may be of assistance in continuing our work to secure the library this city deserves. I will be out of town at a Virginia Municipal League conference for newly elected officials on July 15 and so wilI miss the next meeting of the Advisory Board; however, I would like to attend the August meeting if possible to personally thank each of you for your support during my nine months as president. Again, thank you and sincere best wishes to each of you. Sincerely, Brenda L. McDaniel Council Member C~ Assistant City Manager Rolanda Russell ~Citye Honorable Rupert Cutler Clerk Mary Parker Acting Director of Libraries Sheila Umberger MARY F. PARKER, CMC City Clerk CITY OF ROANOKE. OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: {540) 853-2541 F~x: (540) 853-1145 E-mail: clerk@ci.roano,k¢.va.us July 22, 2004 File #67-110 STEPHANIE M. MOON Deputy City Clerk SHEIIak N. HARTMAN Assistant City Clerk Mr. S. James Sikkema 6155 Rocky Ford Road Bedford, Virginia 24523 Dear Mr. Sikkema: The Mayor and Members of Roanoke City Council were advised of your resignation as a member of the Parks and Recreation Advisory Board at a regular meeting of the Council which was held on Monday, July 19, 2004. On motion, duly seconded and adopted, your resignation was accepted. The Members of City Council requested that I express sincere appreciation for your willingness to serve the City of Roanoke as a member of the Parks and Recreation Advisory Board from April 1, 2002 to July 19, 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. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosure pc: Carl H. Kopitzke, Chair, Parks and Recreation Advisory Board, 2314 Martin Lane, S. W., Roanoke 24015 Steven C. Buschor, Director, Parks and Recreation Stephanie M. Moon, CMC, Deputy City Clerk Blue Ridge Behavioral Healthcare Rita J. Gliniecki Chairman John M Hudgins, Jr. Vice Chairman Robert Williams, Jr. Treasurer Carole Beat Geiger, Ph.D. Secretary Executive Director S. James Sikkema, LCSW May 24, 2004 Steven C. Buschor, Director Roanoke Parks & Recreation 210 Reserve Avenue, SW Roanoke, Virginia 24016 Dear Steve: I regret to inform you that the constraints of my schedule have gotten to a point where I can no longer attend meetings of the Parks & Recreation Advisory Board. These days I have to spend increasingly more time in Richmond, and the meeting times of my own board often conflict with yours. I have enjoyed my time on the Parks & Recreation Board, and I continue to support your mission whole-heartedly. I just feel that, if I am unable to fully participate, I should step aside in favor of a representative who has the time to attend regularly, and who can live the work of your advisory board the attention it deserves. ~ny resignation, effective immediately. Please accept Sincerely, S. James Sikkema, Executive Director Blue Ridge Behavioral Healthcare Executive Offices 301 Elm Avenue SW Roanoke, Virginia 24016-4001 (540) 345-9841 Fax (540) 345-6891 The Community Services Board serving the Cities of Roanoke and Salem, and the Counties of Botetourt, Craig and Roanoke MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ai.roanoke.va.us July 22, 2004 File #67-110 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Ms. Geraldine LaManna 2724 Creston Avenue, S. W. Roanoke, Virginia 24015 Dear Ms. LaManna: The Mayor and Members of Roanoke City Council were advised of your resignation as a member of the Parks and Recreation Advisory Board at a regular meeting of the Council which was held on Monday, July 19, 2004. On motion, duly seconded and adopted, your resignation was accepted. The Members of City Council requested that I express sincere appreciation for your willingness to serve the City of Roanoke as a member of the Parks and Recreation Advisory Board from April 1, 2002 to July 19, 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. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosure pc: Carl H. Kopitzke, Chair, Parks and Recreation Advisory Board, 2314 Martin Lane, S. W., Roanoke 24015 Steven C. Buschor, Director, Parks and Recreation Stephanie M. Moon, CMC, Deputy City Clerk June 2, 2004 Ms. Mary Parker, City Clerk Noel C. Taylor Municipal Building 215 Church Avenue, S. W., Room 450 Roanoke, Virginia 24011 Dear Ms. Parker: As Chairperson of the Parks and Recreation Advisory Board, I am writing to request that City Council fill a vacant position on our Board. Ms. Geraldine LaManna was recently appointed to an additional term; however, it was not her desire to continue to serve. As such, I would ask that her position be filled so the Board will again have a full roster. Thank you for your consideration. Parks and Recreation Advisory Board c: Steven C. Buschor, Director of Parks and Recreation VIRGINLa: IN The~ CIRCUIT COURT O~ The~ CITY OtS RO/tNOKCt IN Re: O~Uiq_LI~IC2qTION O~ BReiNT0/~ k McD/tNIeiL F~ B_ MiaMBtaR Ot3 Thei COUNCIL Ot~ Thtlt CITY OtSROFLNOKe On this 6th day of July, 2004, Brenda L- McDaniel qualified as a member of the Council of the City of Roanoke by taking and subscribing before the undersigned judge the oath prescribed by law. Brenda L. McDaniel was duly selected to serve as a member of City Council {'or the balance of the term of Council Member C- Nelson harris, which term ends June 3o, 2oo6, C. Nelson harris having been elected and qualified as Mayor of the City of Roanoke for a term that began on July ~, 2004. The Clerk shall spread a copy of this Order upon the common law order book, and transmit duly certified copies of this Order to Mary t?. ])arker, City Clerk, and to Brenda L- Mcl3aniel. eNTe~: This 6th day of July, 2004 Cli~. ¥%(ecks[ein, Judge A COPY TESTE BRENDA S., HAMILTON, CLERK By~:;:~ · · ~ .... -' Deputy Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Brenda L. McDaniel, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a Member of the Council of the City of Roanoke, Virginia, to fill the unexpired term of C. Nelson Harris ending June 30, 2006, according to the best of my ability. Brenda L. McDaniel Subscribed and sworn to before me this 6th day of July 2004. ~,~¢e"of the Circuit Court, Twenty-Third Judicial Circuit of Virginia CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk July 27, 2004 File #137-226 Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk William M. Hackworth City Attorney Roanoke, Virginia Dear Mr. Hackworth: At a regular meeting of the Council of the City of Roanoke which was held on Monday, July 19, 2004, the City of Roanoke was requested to include funding for Virginia CARES and the Pre-Release and Post Incarceration Services (PAPIS) programs as a part of the City's Legislative Program for the 2005 Session of the General Assembly The Council requested that appropriate information be provided to the City Attorney by officials of Virginia CARES and PAPIS for inclusion in the City of Roanoke's proposed 2005 Legislative Program. Sincerely, · Mary F. Parker, CMC City Clerk MFP:ew Attachment pc: Thomas A. Dick, Legislative Liaison, 1108 East Main Street, Suite 904, Richmond, Virginia 23219 Ted J. Edlich, President, Total Action Against Poverty, P. O. Box 2868, Roanoke, Virginia 24001-2868 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 C. Nelson Harris Mayor July 19, 2004 Council Members: M. Rupert Cutler Alfred T. Dowe, Jr. Beverly T. Fitzpatrick, Jr. Sherman P. Lea Brenda L. McDaniel Brian J. Wishneff The Honorable Members of City Council Roanoke, Virginia Dear Members of Council: We jointly sponsor a request of Ted Edlich, President, Total Action Against Poverty in the Roanoke Valley, Inc., to address Council with regard to the City's support of various programs conducted by TAP. The item will be included on the City Council agenda for Monday, July 19, 2004 at 2:00 p.m. Sincerely, CNH/BTFjr:snh c: City Attorney Director of Finance City Clerk C. Nelson Harris, Mayor BeverlyT F~tzpatnck, Jr, V~ce ayor RECEIVED JUN 2004 MAYOI S OI: CE Education Early Childhood Development Employment Health Housing and Homelessness Neighborhoods Economic Development Crime P~venfion A Center for Employment Training ACCESSNisitation Adult Basic Education Alleghany Highlands CommunityHome Improvement Program Community Development and Outreach Digital Divide/ACCESS Program Dumas Center for Artistic Development Dumas Drama Guild Emergency Food Pantry Emergency Home Repair Families First Fatherhood Program Head Start/Early Head Start Homeless Intervention Program Housing Counseling Individual Development Accounts /IDAs) Information and Referral Job Readiness and Retention Training Literacy & GED Programs Project DISCOVERY Project PIPELINE Project PRIDE Project SUCCESS Roanoke County Section 8 Screening Service Learning Center SOAR Program Spanish Outreach Program Summer Youth Employment and Training Transitional Living Center TAP/VA CARES Programs Tax Assistance THIS VALLEY WORKS VWP Outreach Vocational Skills Training Weatherization/lndoor Plumbing and Rehab Women's Resource Center - Domestic Violence Services Post Office Box 2868 Roanoke, Virginia 24001-2868 (540) 345~6781 Fax (540) 345-4461 6121O4 The Hon. Nelson Harris Mayor Elect 215 Church Avenue Roanoke, VA 24011 Dear Mayor Harris: The City of Roanoke, during the last 18 months, has gone out of its way and beyond what could be normally expected of a local municipality to insure the survival of Virginia CARES, the statewide network of pre and post incarceration services. The City has been the conduit for state funding that ensured the continuation of these vital services and accepted programmatic and financial oversight responsibility of this program. Ann Fisher, the Executive Director of Virginia CARES, and I would li~kg.~0~appear hefore_~Roanoke Ci~_~Council on .Inly 19t~ and extend our gratitude and that of our program participants to the City Manager and members of Council for the tremendous support that we have had. We would also like to recognize former Congressman Caldwell Butler and Congressman Bob Goodlatte for helping to secure federal funding which will no longer require the City of Roanoke to be responsible for financial and programmatic oversight of the program. Sincerely yours, Ted Edlich President cc. Darlene Burcham Rolsnda Russell Congressman Bob Goodlatte Congressman Caldwell Butler Ann Fisher £articiFat~n~ Agency MAYOR HARRIS, MEMBERS OF ROANOKE CITY COUNCIL, CITY MANAGER BURCHAM, AND OUR GUEST: THE HONORABLE CALDWELL BUTLER, FORMER CONGRESSMAN FROM THE SIXTH DISTRICT. IN 1979 WITH THE HELP OF CONGRESSMAN BUTLER, TAP LAUNCHED THE VIRGINIA CARES PROGRAM, ONE OF THE FIRST STATEWIDE NETWORKS OF PRE AND POST RELEASE SERVICES TO STATE FELONS. OVER THE LAST 25 YEARS, VIRGINIA CARES HAS WORKED WITH MORE THA1N~0,000 INMATES AND EXOFFENDERS GIVING THEM SUPPORT FOR A CRIME FREE LIFE WITH HELP IN FINDING A JOB, HOUSING, INDIVIDUAL AND PEER SUPPORT COUNCILING AND ASSISTANCE IN RECONNECTING WITH THEIR FAMILIES. VIRGINIA CARES HAS TWICE BEEN STUDIED BY THE VIRGINIA DEPARTMENT OF CORRECTIONS AND HAS DEMONSTRATED SUCCESS AT RECIDIVIST REDUCTION. THE AVERAGE COST FOR A VIRGINIA CARES PARTICIPANT IS $229 COMPARED WITH THE COSTS OF ONE YEAR'S INCARCERATION OF $22,000. THE COSTS TO POTENTIAL VICTIMS OF CRIME, OF COURSE, IS INCALCUABLE. IN ROANOKE THAT HAS MEANT WORK WITH MORE THAN 400 PERSONS EACH YEAR COMING TO OUR OFFICES, THE OVERWHELMING MAJORITY OF WHOM ARE REFERRALS FROM PROBATION AND PAROLE. TODAY VIRGINIA CARES MAKES UP 75% OF THE COMMUNITY BASED PAPIS SYSTEM, PRE AND POST RELEASE INCARCERATION SERVICES IN THE COMMONWEALTH OF VIRGINIA. IT IS NOT SURPRISING THAT VIRGINIA CARES HAS OFTEN BEEN CAUGHT UP IN POLITICAL INFIGHTING AT THE STATE HAVING NOTHING TO DO WITH THE MERITS OF THE WORK THAT VIRGINIA CARES PROVIDES. THIS HAS HAPPENED EVEN THOUGH THE NUMBERS OF PRISONERS RELEASED FROM STATE INSTITUTIONS IS ON A SHARP RISE AND WILL CONTINUE TO BE SO FOR THE NEXT DECADE. WITH THE FINANCIAL STRUGGLE IN RICHMOND, THE POLITICAL STRUGGLE HAS WORSENED. WITHOUT GOING INTO A "WHO SHOT JOHN" SENARIO OF THE CONFLICT, VIRGINIA CARES TWO YEARS AGO WAS ON THE ROPES AND ITSELF A VICTIM OF POLITICAL INFIGHTING. ALL STATE GENERAL FUND MONEY WAS WITHDRAWN. A PORTION WAS REPLACED WITH FEDERAL FUNDS REQUIRING A DIFFICULT LOCAL MATCH AND THE ADMINISTRATION OF A SINGLE LOCAL JURISDICTION. TWO THINGS HAPPENED. FIRST, 1N THE PERIOD BEGINNING, JAN. 2004, AND ENDING, JUNE, 2004, ROANOKE CITY COUNCIL AND THE CITY ADMINISTRATION, AT TAP'S REQUEST, AGREED TO TAKE ON THE FISCAL AND PROGRAM OVERSITE FOR THE VIRGINIA CARES NETWORK WHOSE HEADQUARTERS IS BASED IN ROANOKE. WITHOUT YOUR ASSISTANCE VIRGINIA CARES WOULD LIKELY HAVE FOLDED. SECOND, CONGRESSMAN GOODLATTE ASSISTED BY FORMER CONGRESSMAN CALDWELL BUTLER USED THEIR PERSONAL CONNECTIONS TO SECURE A $300,000 FEDERAL EARMARK IN '03 AND A $1,500,000 FEDERAL EARMARK IN '04 TO CONTINUE ALL PRE AND POST RELEASE INCARCERATION SERVICES TO VIRGINIA'S EXOFFENDERS. THIS YEAR WE WILL RENEW OUR FIGHT TO RECLAIM GENERAL FUND MONIES FOR THIS IMPORTANT PUBLIC SAFETY PROGRAM. THE PAPIS PROGRAMS ARE WORKING WITH THE VERY ABLE BILL AXSELLE OF WILLIAMS MULLEN LAW FIRM TO MAKE OUR CASE IN RICHMOND. WE HOPE THAT YOU WILL CONSIDER MAKING VIRGINIA CARES AND THE PAPIS PROGRAMS A PART OF THE CITY OF ROANOKE'S LEGISLATIVE AGENDA FOR THE UPCOMING LEGISLATIVE SESSION. I WOULD LIKE TO INTRODUCE, ANN FISHER, EXECUTIVE DIRECTOR OF VIRGINIA CARES TO MAKE PRESENTATIONS TO THE CITY MANAGER, COUNCIL, CONGRESSMAN BUTLER. CONGRESSMAN GOODLATTE IS IN WASHINGTON. WE ARE SORRY THAT HE COULD NOT BE HERE BUT KNOWS THAT WHAT HE IS DOING IS MORE IMPORTANT. ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Buildin§ 225 Church Avenue, SW, Room 364 Roanoke, Virginia 240~t 540.853.2333 www.roanoke§ov, com July 19, 2004 The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Harris and Members of Council: I would like to sponsor a request from Nancy F. Canova, Chair, Fair Housing Board to present the 2003 Annual Report. Respectfully submitted, Darlene L. Burcham City Manager DLB:sm C: City Attorney Director of Finance City Clerk City of Roanoke Fair Housing Board Roanoke, Virginia July 6, 2004 Re: Annual Report to City Council The Honorable Nelson Harris, Mayor and members of Council, The Fair Housing Board's ambitious plans for outreach and education were put on hold for much of the year while the Board worked with the City Attorney's office to propose amendments to the City Code reflecting updates to current Federal and State Fair Housing Regulations and revising the responsibilities of the Fair Housing Board. Council's adoption of this amendment at its March 1,2004 meeting assured that all Federal and State protected classes were now incorporated in the City Code. It also expanded the responsibilities of the Fair Housing Board, emphasizing its role to provide information to the public concerning Federal, State, and City fair housing laws. Once City Council adopted the Code amendment, the Fair Housing Board quickly implemented as much of its annual plan as possible. In April the Board published its booklet, .Fair Housin.q What You Need to Know for distribution to the public. The booklet contains information on the Federal, State, and local fair housing laws, issues in modgage lending and homeowners insurance, Jaws affecting accessibility and the Virginia Residential Landlord and Tenant Act. This booklet is intended to be a handy resource for the general public as well as those in the housing industry. The Fair Housing Board sponsored a workshop in April featuring presenters: John Cancelled, Virginia Fair Housing Office, and Michael Allen, Bazelon Center for Mental Health Law. The half-day workshop was well attended and received. There were eighty-one padicipants representing members of the Roanoke Valley Apartment Association, Housing Authority, Section 8 landlords, community agencies and groups, banks, and realtors. The Fair Housing Board would be remiss if it did not acknowledge with gratitude the leadership and dedication of Brenda PoweJl, who retired from the Board this year. She served on the Board for 12 years: the last four as chair. During her tenure as chair, the Board increased its visibility within the community. Under her leadership the Board contracted for a study of housing in the city. The Board then prioritized the impediments to fair housing noted in the study, and endeavored to address those impediments. To that end the Board sponsored several workshops to familiarize the city staff and public about fair housing issues. The Board drafted a booklet on fair housing for publication. The Board has seen that the city code was updated to reflect changes in the Federal law. Brenda Powell is a citizen who has made a difference, working diligently to ensure fair housing in our city. The Fair Housing Board is committed to move forward this year, building on the work done in the past fiscal year. The Board is poised to try to collect data on any fair housing complaints in the city. The Board seeks to gain the cooperation of community agencies and groups that serve persons in the protected classes under the fair housing laws in order to receive data to guide the Board in targeting its educational plan to meet the local needs. Further, this collaboration may enable the Board to advise City Council about the nature, causes, and possible solutions to fair housing issues. The Board also plans to sponsor a workshop on predatory lending which was delayed from the last fiscal year. The Fair Housing Board is grateful to City Council for its support during the past fiscal year. Respectfully submitted, Nancy F. Canova,~Chair Sherman V. Burroughs, iV Rich G. McGimsey Bryan Grimes Creasy Reverend Frank W. Feather Raymond Debose, Jr. Tuan Reynolds Page 2 CITY.. OF ROANOKE Off,ce of the City Clerk Mary F. Parker, CMC City Clerk July 21, 2004 File #236-351 Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36776-071904 authorizing the City Manager to execute Amendment No. ! to the Subgrant Agreement between the City of Roanoke and Roanoke Area Ministries, in order to provide additional Community Development Block Grant (CDBG) funds, in the amount of $80,000.00, to provide for completion of rehabilitation of the Roanoke Area Ministries facility located at 824 Campbell Avenue, S. W., upon terms and conditions as set forth in your letter to Council dated July ].9, 2004. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 19, 2004, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attach me nt Darlene L. Burcham July 21, 2004 Page 2 pc: 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 19th day of July, 2004. No. 36776-071904. A RESOLUTION authorizing the City Manager to execute Amendment No. 1 to the Subgrant Agreement between the City and Roanoke Area Ministries in order to provide additional Commuaity Development Block Grant (CDBG) funds for completion of rehabilitation of the Roanoke Area Ministries facility, located at 824 Campbell Avenue, S.W. WHEREAS, on May 12, 2003, City Council approved the 2003-2004 CDBG program and on June 16, 2003, appropriated funds in the amount of $20,000.00 toward rehabilitation of the Roanoke Area Ministries facility, located at 824 Campbell Avenue, S.W.; WHEREAS, on October 22, 2003, an agreement was entered into between the City of Roanoke and Roanoke Area Ministries for such work; WHEREAS, on May 13, 2004, City Council approved the submission of the 2004-2005 Annual Update to the Consolidated Plan to the U.S. Department of Housing and Urban Development (HUD); and WHEREAS, on June 21, 2004, City Council accepted the 2004-2005 CDBG funds and appropriated an additional $80,000.00 of CDBG funds to Roanoke Area Ministries for completion of the rehabilitation. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager, and the City Clerk, are authorized, for and on behalf of the City, to execute and attest, respectively, Amendment No. 1 to the Subgrant Agreement between the City and Roanoke Area Ministries for additional fimding, through Community Development Block Grant funds, in the amount of $80,000.00, to provide for completion of rehabilitation of the Roanoke Area Ministries facility, located at 824 Campbell Avenue, S.W., upon the terms and conditions set forth in the City Manager's letter to this Council dated July 19, 2004. 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 Ci~yWeb: www.roanokegov.com July 19, 2004 Honorable, C. Nelson Harris, Mayor Honorable, Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable, Sherman P. Lea, Council Member Honorable Brenda L. MCDaniel, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Amendment No. 1 to the 2003-2004 CDBG-funded Agreement with Roanoke Area Ministries Background: On May 12, 2003, City Council approved the 2003-2004 Community Development Block Grant program and on June 16, 2003, appropriated funds in the amount of $20,000 toward the rehabilitation of the Roanoke Area Ministries facility, located at 824 Campbell Avenue, SW. On October 22, 2003, an agreement was entered into between the City of Roanoke and Roanoke Area Ministries for such work. On May 13, 2004, City Council approved the submission of the 2004-2005 Annual Update to the Consolidated Plan to the U. S. Department of Housing and Urban Development (HUD). On June 21,2004, City Council accepted the 2004-2005 CDBG funds and appropriated an additional $80,000.00 of CDBG funds to Roanoke Area Ministries for the completion of the rehabilitation. Consideration: City Council's authorization is needed in order to amend the subgrant agreement with Roanoke Area Ministries to provide additional funding In the amount of $80,000.00. Funding is available in account 035-G05-0520-5400, as noted in the draft Amendment included with this report. Honorable Mayor and Members of Council July 19, 2004 Page 2 Recommendation: Authorize the City Manager to execute Amendment No. 1 to the subgrant Agreement between the City and Roanoke Area Ministries, similar in form and content to the draft amendment attached to this report, and approved as to form by the City Attorney. Respectfully submitted, Darlene L. Burcham City Manager DLB:mtm Attachment C: William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Mary F. Parker, City Clerk Meg T. Munton, Budget Analyst CM04-O0! 18 Amendment Page1 AMENDMENT NO. 1 This Amendment is made and entered into this following parties: __ day of July, 2004, by and between the The Grantee City of Roanoke, Virginia 215 Church Avenue, S.W. Roanoke, Virginia 24011 The Subgrantee Roanoke Area Ministries 824 Campbell Avenue, SW Roanoke, Virginia 24016 WITNESSETH: WHEREAS, by Resolution No. 36326-051203, Roanoke City Council approved the 2003- 2004 Community Development Block Grant (CDBG) program and, by Ordinance No. 36377-061603, appropriated funds therefore; and WHEREAS, the Grantee has been authorized by its City Council pursuant to Resolution No. 36378-061603, adopted June 16, 2003, to provide Twenty thousand and no/100 Dollars ($20,000) toward the rehabilitation of the Roanoke Area Ministries facility as part of its Community Development Block Grant program; WHEREAS, an Agreement was entered into with Roanoke Area Ministries on October 22, 2003 for the above mentioned work; and WHEREAS, by Resolution No. 36695-051304, adopted May 13, 2004, City Council approved the Fiscal Year 2004-2005 CDBG program and by Ordinance No. 36719-062104 appropriated funds therefore, and by Resolution No. 36720-062104, adopted June 21, 2004, authorized the Grantee to provide an additional Eighty thousand and no/100 Dollars ($80,000) toward the completion of the final phase of rehabilitation of the Roanoke Area Ministries facility. NOW, THEREFORE, the parties hereto mutually agree as follows: 2. TIME OF PERFORMANCE: This agreement shall be for the period of July 1, 2003 through October 31, 2004. The obligation of the Subgrantee to use the property located at 824 Campbell Avenue, SW to benefit Iow- and moderate income clientele by continuing the .N~endment Page 2 services as provided by Roanoke Area Ministries shall continue until October 31, 2009. (See Paragraph 15.) BUDGET: The total amount of CDBG funds to be provided by the Grantee under this Agreement is One hundred thousand and no/100 Dollars ($100,000). 15. REVERSION OF ASSETS: Upon expiration of this Agreement, or amendments thereto, the Subgrantee shall transfer to the Grantee any CDBG funds or program income on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. A condition of this Agreement, and an obligation of the Subgrantee, shall be to ensure that the subject property referenced in Paragraph 1. shall continue to be used to benefit low and moderate income clientele, as defined by HUD, for a period of five (5) years after completion of this agreement as referenced in Paragraph 2., or October 31, 2009, whichever is longer. If the property is sold prior to October 31, 2009, and does not continue to be used to benefit Iow and moderate income clientele, a pro rata share of the current fair market value of the property must be returned to the Grantee as prescribed in 24 CFR 570.503(b)(8)(ii). The Agreement dated the 22nd day of October, 2003, shall remain unchanged in all other terms and provisions. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year hereinabove written: ATTEST: CITY OF ROANOKE By By Mary F. Parker, City Clerk Darlene Burcham, City Manager Amendment Page 3 ATTEST: ROANOKE AREA MINISTRIES By Secretary to the Board By Debbie Denison Co-Director APPROVED AS TO CDBG ELIGIBILITY APPROPRIATION AND FUNDS REQUIRED FOR THIS AGREEMENT CERTIFIED: Department of Management & Budget APPROVED AS TO FORM Director of Finance Date: Account No: 035-G04-0420-5400 - $20,000.00 035-G05-0520-5400 - $80,000.00 APPROVED AS TO EXECUTION Assistant City Attorney Assistant City Attorney 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 July 21, 2004 File #110-364 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36777-071904 re-establishing membership of the Roanoke Interagency Council and appointing members to the organization. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 19, 2004, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment Darlene L. Burcham July 21, 2004 I~age 2 pc: Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget Rolanda B. Russell, Assistant City Manager for Community Development Jane R. Conlin, Director, Human/Social Services James Sikkema, Executive Director, Blue Ridge Behavioral Healthcare Rodney Hubbard, Director, 23-A District Court Service Unit Doris Ennis, Acting Superintendent, Roanoke City Public Schools Patty Tiller, District Nurse Manager, Alleghany/Roanoke City Health Districts John Pendarvis, President and CEO, Family Service of Roanoke Valley Captain Rusty Ross, Roanoke City Police Department IN THE COLrNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of July, 2006. No. 36777-071906. A RESOLUTION re-establishing the membership of the Roanoke Interagency Council and appointing its members. WHEREAS, by Resolution No. 31301-011193, adopted January 11, 1993, this Council established a community policy and management team for the City of Roanoke pursuant to the Comprehensive Services Act for At-Risk Youth and Families (CSA), such team being known as the Roanoke Interagency Council ("RIC"); WHEREAS, Resolution No. 31301-011193 was amended by Resolutions 34775-050100 and 35101-101600; and WHEREAS, changes in RIC membership are necessary to be consistent with §2.2-5205 of the Code of Virginia (1950), as amended, and recognize changes in Council designees by participating agencies/organizations; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Council of the City of Roanoke hereby establishes the membership of the Roanoke Interagency Council, effective July 19, 2004, as follows: · A representative of local government · The agency head or their designee for the Community Services Board · The agency head or their designee for the Juvenile Court Services Unit · The agency head or their designee for the Roanoke Department of Health · The agency head or their designee for the Department of Social Services · The agency head or their designee for the Roanoke City Public Schools I:\ R-RICROANOKEINTERAGENCYCOUNCILAPPOINTMENTS.1 .doc · A private provider of Children's or Family Services · A representative from the Roanoke City Police Department · A parent representative 2. The Council of the City of Roanoke hereby makes the following appointments to the Roanoke Interagency Council: · Rolanda Russell, Assistant City Manager for Community Development, City of Roanoke · James Sikkema, Executive Director, Blue Ridge Behavioral Healthcare · Rodney Hubbard, Director, 23-A District Court Service Unit · Jane Coniin, Director of Human Services/Social Services, City of Roanoke · Doris N. Ennis, Acting Superintendent, Roanoke City Public Schools · Patty Tiller, District Nurse Manager, Alleghany/Roanoke City Health Districts · John Pendarvis, President and CEO, Family Service of Roanoke Valley · Captain Rusty Ross, Roanoke City Police Department 3. The Council of the City of Roanoke directs that the Director of Management and Budget, or his designee, shall serve as program expenditure monitor of the Roanoke Interagency Council. City Clerk H: \MEASURES\ R-RICROANOKEINTERAGENCYCOUNCILAPPOINTMENTS071604.1 .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.coin July 19, 2004 Honorable Honorable Honorable Honorable Honorable Honorable Honorable C. Nelson Harris, Mayor Beverly T. Fitzpatrick, Jr., Vice Mayor M. Rupert Cutler, Council Member Alfred T. Dowe, Jr., Council Member Sherman P. Lea, Council Member Brenda L. McDaniel, Council Member Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Membership and Appointment of the Roanoke Interagency Council Background: Section 2.2-5204 of the Code of Virginia (1950), as amended, requires that City Council appoint a Community Policy and Management Team (CPMT) to oversee Roanoke's efforts supporting the Comprehensive Services Act for At- Risk Youth and Families. Section 2.2-5205 of the Code of Virginia (1950), as amended, states that the membership of the local CPMT shall include, at a minimum, the following individuals: · At least one elected official or appointed official, or his designee, from the governing body; The local agency heads or their designees of the following community agencies: o Community Services Board; o Juvenile Court Services Unit; o Department of Health; o Department of Social Services; and o The local School Division. Mayor Harris and Members of City Council July 19, 2004 Page 2 The team shall also include a representative of a private organization providing children's or family services and a parent representative. Finally, a locality may appoint other members to the team, including, but not limited to, a local government official, a local law-enforcement official and representatives of other public agencies. City Council has previously adopted Resolution No. 31301-011193 to establish the membership of the Roanoke Interagency Council (RIC) as Roanoke's CPMT. City Council has since reaffirmed or amended the membership of the RIC on two additional occasions by Resolution No. 34775- 050100 and Resolution No. 35101-101600. Considerations: The Roanoke Interagency Council has been engaged in a study of local Comprehensive Services Act operations since March 2004, and recently adopted a set of strategic objectives that will help to ensure that future operations will be as cost-effective as possible. Fo;' these ob. iectives to be realized, it is important that all involved community agencies work together toward these common goals and that the appropriate individuals be active members of the Roanoke Interagency Council. Recommended Action: Adopt the attached resolution to establish the membership of the Roanoke Interagency Council as follows: · A local Government Representative · The agency head or their designee for the Community Services Board · The agency head or their designee for the Juvenile Court Services Unit · The agency head or their designee for' the Roanoke Department of Health · The agency head or their designee for the Department of Social Services · The agency head or their designee for the Roanoke City Public Schools · A Private provider of Children's or Family Services · A Representative from the Roanoke Police Department · A Parent Representative Mayor Harris and Members of City Council July 19, 2004 Page 3 The resolution also appoints the following individuals to the Roanoke Interagency Council: · Rolanda Russell, Assistant City Manager, City of Roanoke · James Sikkema, Executive Director, Blue Ridge Behavioral Healthcare · Rodney Hubbard, Director, 23-A District Court Service Unit · Jane Conlin, Director of Human Services/Social Services, City of Roanoke · Doris Ennis, Acting Superintendent, Roanoke City Public Schools · Patty Tiller, District Nurse Manager, Alleghany/Roanoke City Health Districts · John Pendarvis, President and CEO, Family Service of Roanoke Valley · Captain Rusty Ross, Roanoke Police Department It should be noted that staff is still searching for a Parent Representative candidate to serve on the Roanoke Interagency Council. We will continue to search for a qualified candidate to fill this state mandated position. Finally, the resolution designates the Director of Management and Budget, or his designee, to serve as program expenditure monitor for the Council. Respectfully submitted, Darlene L. Burcham City Manager DLB:blk C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sherman M. Stovall, Director of Management and Budget Jane R. Conlin, Director of Human/Social Services Rolanda B. Russell, Assistant City Manager for Community Development #CMO4-00127 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk July 21, 2004 File #438 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36779-071904 authorizing the City Manager to enter into a contract with the Fifth District Disability Services Board to provide continuing local administrative staff support, in the amount of $14,800.00, upon certain terms and conditions as recommended in your letter to Council dated July 19, 2004. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July :[9, 2004, and is in full force and effect upon its passage. Mary F. Parker, CMC City Clerk MFP:ew Attachment Darlene L. Burcham July 2]., 2004 Page 2 pc: Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget Jeffrey H. Powell, Director of General Services Sharon Twine-Gentry, Senior Buyer IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19ch day of July, 2006. No. 36779-071904. A RESOLUTION authorizing the City Manager to enter into a contract with Fifth District Disability Services Board (" FDDSB') staffto provide continuing local administrative staff support; upon certain terms and conditions. WHEREAS, the FDDSB is responsible to local governments and serves as a critical resource for needs assessment, information sharing and service opportunities for citizens with disabilities, their families and the community; and WHEREAS, funds in the amount of $14,800 to continue local staff support in support of the FDDSB administration for a one (1) year period have been allocated to the FDDSB by the State Department of Rehabilitative Services. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, a contract with existing FDDSB staffto provide continuing local administrative staff support for the Fifth District Disability Services Board as recommended in the City Manager's letter to this Council dated July 19, 2004. 2. The form of the contract, and any necessary amendments, shall be in form approved by the City Attomey. 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 July 21, 2004 File #438 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: lam attaching copy of Ordinance No. 36778-071904 appropriating $ ].4,800.00 in connection with establishing the Fifth District Disabilities Services Board Grant, 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, July 19, 2004, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment Jesse A. Hall July 21, 2004 Page 2 pc: Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Office of Management and Budget Jeffrey H. Powell, Director of General Services Sharon Twine-Gentry, Senior Buyer IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of July, 2004. No. 36778-071904. AN ORDINANCE to establish the Fifth District Disabilities Services Board 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 Fees For Professional Services 035-630-5161-2010 $14,800 Revenues Fifth District Disabilities FY05 035-630-5161-5161 14,800 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com July 19, 2004 Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr. Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian J . Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Appropriation of Regional Disability Services Board Grant Funding - Staff Support and Contract for Services Considerations: The Fifth Planning District Commission Disability Services Board (DSB) is responsible to local governments and serves as a critical resource for needs assessment, information sharing and service opportunities for citizens with disabilities, their families and the community. The following jurisdictions in the Fifth Planning District have enacted resolutions establishing their participation in a regional effort and have appointed a local official to serve: the cities of Roanoke, Salem, and Covington; counties of Roanoke, Craig, Botetourt, and Alleghany and the Towns of Clifton Forge andVinton. Other members of the DSBinclude representatives from business and consumers. City Council authorized the Director of Finance to serve as fiscal agent for the Fifth Planning District Disabilities Services Board on September 25, 1995, Resolution No. 32675-092595. The State Department of Rehabilitative Services has allocated funds in the amount of $14,800 for a one-year period to continue local staff support of the administration of the Fifth District DSB. See Attachment "A" Recommended action: Authorize the City Manager or her designee to enter into a contract substantially in the form attached to this report, with existing DSB staff support to continue providing local administrative support. Appropriate $14,800 to a Grant Fund account number 035-630-5170-2010 and establish a corresponding revenue estimate in an account to be established by the Director of Finance, to provide funding for the Fifth District DSB. Respectfully submitted, City Manager DLB:ct C: William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Mary F. Parker, City Clerk CM04-0130 Agreement for Services This agreement is made this 1st day of June 2004, by and between the CITY OF ROANOKE, hereinafter referred to as "City" and ROSLYN KINGERY hereinafter referred to as "Staff'. The parties hereto agree as follows: SCOPE OF SERVICES - The Staff will provide the City and its designee (Fifth District Disability Services Board) with staff support as follows: f. g. h. i. Attend all DSB meetings (minimum of one meeting per quarter) and related activities Prepare, disseminate and maintain agendas, minutes and other correspondence Maintain and monitor the administrative budget Maintain official records for the DSBs Administer and monitor the RSIF grants and ensure that the impact reports are completed and sent within time frame specified Arrange sign language interpreters, CAN and/or CART services, and all other necessary accommodations, for DSB meetings and hearings. Ensure DSB compliance with the Code of Virginia and DSB Establishment Guidelines Provide ADA and disability information to DSB members, local elected officials and the public within the localities served by the local DSB Support DSB efforts to exchange information with other local boards regarding services and best practices in the delivery of services to persons with physical and sensory disabilities Other duties as directed by the local disability services board. TIME OF PERFORMANCE - the term of this agreement shall be for a one-year period beginning June 1, 2004 and concluding May 31, 2005. FEES AND PROPOSED PAYMENT SCHEDULE - the total compensation to Staff shall be $14,800 per 12-month period. Payment to the Staff shall be made monthly upon receipt of payroll documentation. TERMINATION - either the City or the consultant upon written notification thirty (30) days prior to termination may terminate this agreement. REPORTING - The Staff will meet with the City's designee a minimum of twice a month and provide regular updates on the progress of the Boards work. INDEMNIFICATION - the Staff agrees to indemnify and hold harmless the City, its officers, agents and employees, from any and all claims, legal actions and judgments advanced against the City and for expenses the City may incur in this regard, arising out of the Staffs negligent acts or omissions with respect to the rights and privileges granted by the City to the Staff in this Agreement. 7. GOVERNING LAW - the Commonwealth of Virginia shall govern this Agreement. OWNERSHIP - All reports, paper, etc., developed and/or generated as a result of this proposals process are the property of the city of Roanoke. No duplication or dissemination of this material can be done without the expressed written permission of the Director of Human Services, or other authorized City official. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year here in above written: CITY OF ROANOKE By: Sharon Gentry, Senior Buyer Department of Purchasing INDEPENDENT CONTRACTOR By: Roslyn J. Kingery 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 July 21, 2004 File #27-60-468 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 36780-071904 appropriating third party funding for the Trevino Drive Storm Drain Phase I Project, and amending and reordaining certain sections of the 2004-2005 Capital Projects Fund Appropriations in the amount of $25,000.00. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 19, 2004, and is in full force and effect upon its passage. Mary F. Parker, CMC City Clerk MFP:ew Jesse A. Hall July 21,2004 Page 2 pc: Darlene L. Burcham, City Manager .. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of July, 2004. No. 36780-071904. "AN ORDINANCE to appropriate third party funding for the Trevino Drive Storm Drain Phase I Project, amending and reordaining certain sections of the 2004-2005 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 2004-2005 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from General Revenue 008-530-9780-9003 $ 25,000 Reveflu6$ Lumbermens-Trevino Drive 008-530-9780-9809 25,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. City Clerk. CITY OF ROANOKE OFFICE OF THE C1TY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.ro~nokegov.com July 19, 2004 Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice-Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Appropriation of Funds Trevino Drive Storm Drain Phase I Project A settlement with Lumbermens Mutual Casualty Company, the surety, has been reached for the Trevino Drive Storm Drain Phase I Project. Proceeds from the settlement in the amount of $25,000 need to be appropriated to the Trevino Drive Drainage Phase I account in the Capital Projects Fund. This settlement money, in conjunction with remaining project funds, which includes the retainage the City will keep as part of such settlement, will provide for all repairs necessary to complete the Trevino Drive Storm Drain Phase I Project. Recommended Action: Appropriate funding of $25,000 to account number 008-530-9780-9003, Trevino Storm Drain Phase I. Establish a revenue estimate of the same in the Capital Projects Fund. Darlene L. Burcham City Manager DLB/JRP/rls C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance CM04-00133 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 July 21, 2004 File #150-266 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 36783-071904 amending and reordaining the Code of the City of Roanoke (1979), as amended, to provide for a certain real estate tax exemption for substantial rehabilitation or renovation of existing commercial, mixed use commercial with no more than 80% residential, or industrial buildings at least 15 or more years old and located within Enterprise Zone One A, under certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 19, 2004, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment Darlene L. Burcham July 21, 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 Virgima The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Virgima The Honorable Charles N. Dorsey, Judge, Twenty-Third Judicial Circuit of Virgima The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virgima The Honorable James R. Swanson, Judge, Twenty-Third Judicial Circuit of Virgima 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 HonorableJacqueline 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 2401! 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 The Honorable Sherman A. Holland, Commissioner of the Revenue The Honorable Evelyn W. Powers, Treasurer Rolanda B. Russell, Assistant City Manager for Community Development Jesse A. Hall, Director of Finance Elizabeth A. Neu, Director, Economic Development Sherman M. Stovall, Director, Office of Management and Budget Susan S. Lower, Director, Real Estate Valuation IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of Jul.y, 200/4. blo. 36783-07190/4. .'AN ORDINANCE amending and reordaining Article 1I, Real Estate Taxes Generally. of Chapter 32 Taxation, of the Code of the City of Roanoke (1979), as amended, by adding a new Division 5B, Exemption of Certain Rehabilitated or Renovated Commercial, Mixed-Use Cr,mmercial with no more than 80% Residential. or 3[,~rln~riat Real Pronertv Located in Enterorise Zone One A. to provide for a certain real estate tax exemption for substantial rehabilitation or renovation of existing commercial, mixed use commercial with no more than 80% residential, or industrial buildings at least 15 or more years old and located within Enterprise Zone One A under certain terms and conditions; and dispensing with the second reading by title of this ordinance. BE 1T ORDAINED by the Council of the City of Roanoke as follows: 1. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by the addition of the following new Division 5B, of Article II, Chapter 32: Division 5B. Exemption of Certain Rehabilitated or Renovated Commercial. Mixed-Use Commercial with no more than 80% Residential. or Industrial Real Property Located in Entemrise Zone One A {}32-101.9. Generally. The director of reai estate valuation shall, upon application made and within the limits hereinat~er provided, order exemption of real property tax on real property substantially rehabilitated or renovated for commercial, mixed-use commercial with no more than 80% of such property being used for residential purposes (hereaRer mixed-use commercial), or industrial use and located within the area of Enterprise Zone One A, as such area is shown on a map of Enterprise Zone One A, which is on file in the office of the city clerk. §32-101.10. Rules and Regulations for Administration for Division. The director of real estate valuation, with the advice and comment of the city manager, director of finance, and commissioner, shall adopt and promulgate such roles and regulations not inconsistent with the provisions of this division as are deemed necessary for the effective administration of this division. §32.101.11. Eligibility of Commercial, Mixed-use Commercial. or Industrial Real Property. In order to qualify for the exemption from real property taxation for real property substantially rehabilitated or renovated for commercial, mixed- use commercial, or industrial use within Enterprise Zone One A, a structure shall meet all of the following criteria: (1) Be no less than 15 years of age and located within Enterprise Zone One A; (2) Be rehabilitated or renovated so as to increase the assessed value of the structure by at least Fitly Thousand Dollars ($50,000) or more; Be designed for and suitable for commercial, mixed-use commercial, or industrial use after completion of such rehabilitation or renovation; The structure has not received an exemption under Division 5, exemption Of certain rehabilitated real property, or former Division SA, exemption of certain rehabilitated or renovated commercial or industrial real property located in either Enterprise Zone One or Enterprise Zone Two, of this chapter; and The rehabilitation or renovation must be completed within two years of the date of the filing of the applicatiOn for exemption. (3) (4) (5) H :'~1 ea surez'~Di~i si on 5B.doc 2 (b) The types of substantial rehabilitation or renovation improvements that will be considered as increasing the assessed value are limited to those made to the actual qualifying structure only. Other improvements, fees, or costs will not be considered. Any new additions to the qualifying structure or any additional square footage over the prerehabilitation or prerenovation square footage will not be considered as increasing the assessed value of the qualifying structure or eligible for or considered for the tax exemption since the purpose of this incentive is to encourage rehabilitation or renovation of existing structures. §32-101.12. Amount of Exemption. The amount of exemption from real property taxation provided for by this division shall be an amount equal to the difference in the appraised value of the qualifying structure immediately before rehabilitation or renovation and immediately after rehabilitation or renovation as determined by the director of real estate valuation. This amount only, on a fixed basis, shall constitute the exemption, notwithstanding subsequent assessment or reassessment. The exemption resulting from substantial rehabilitation or renovation of a qualifying structure shall commence on July 1 of the tax year following completion of the rehabilitation or renovation and approval of the application and shall mn with the real estate for a period of seven (7) years from the date of the commencement of the exemption as set forth herein. Only one (1) exemption under this division may be applicable to any qualifying structure during the life of the qualifying structure. Furthermore, any qualifying structure which obtains an exemption under this division shall not be entitled to obtain an exemption under division 5, exemption of certain rehabilitated real property, of this chapter. The maximum total amount of tax abatement for any qualifying structure over the seven-year period shall not exceed a total of one hundred thousand dollars ($100,000.00). Should the amount of tax abatement exceed the total of one hundred thousand dollars ($100,000.00) before the expiration of the seven-year period, the 3 exemption shall end when the tax abatement reaches the one hundred thousand dollars ($100,000.00) figure and real property taxes will be due on the increased assessed value previously exempted. §32-101.13. Application. (a) Application for exemption of substantially rehabilitated or renovated real property from taxation under this division shall be filed by the owner of such property with the director of real estate valuation prior to commencement of any rehabilitation or renovation work for which exemption is sought. Each application for such exemption shall be accompanied by a processing fee in the amount of filly dollars ($50.00). No property shall be eligible for such exemption unless all appropriate building permits have been acquired and the director of real estate valuation has verified that the rehabilitation or renovation indicated on the application has been completed. Furthermore, no property shall be eligible for such exemption if the director of real estate valuation has been denied access to the entire premises, either before or after the rehabilitation or renovation work for which the exemption has been sought, for purposes of determining whether the required rehabilitation or renovation has been completed and for appraising the property. The application for this exemption must be filed with the director of real estate valuation during the period of July 19, 2004, through December 31, 2023, for property located within Enterprise Zone One A in order to be eligible for this exemption. The burden of proof shall be on the applicant to show that the structure for which the exemption has been filed complies with all the eligibility criteria established by this division. The director of real estate valuation may require documentary proof of eligibility and, in such cases, documentation satisfactory to the director of real estate valuation shall be presented by the applicant. 4 §32-101.14. Land Book. Nothing in this division shall be construed as to permit the commissioner of the revenue to list upon the land book any reduced value due to the exemption provided by this division. §32.101.15. Demolition. The exemption provided in this division shall not apply when any existing structure is demolished or razed and a replacement structure is constructed. §32-101.16. False Statements. The making of any false statement in any application, affidavit, or other information supplied for the purpose of eligibility determination under this division shall constitute a class 2 misdemeanor. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk July 21, 2004 File #60-266 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 36782-071904 approving, adopting, and establishing certain local incentives for the area designated as Enterprise Zone One A in the City of Roanoke, effective retroactive to January 1, 2004. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 19, 2004, and is in full force and effect upon its passage. Mary F. Parker, CMC City Clerk MFP:ew Attachment Darlene L. Burcham .~uly 21, 2004 Page 2 pc: Jesse A. Hall, Director of Finance Elizabeth A. Neu, Director of Economic Development Dennis R. Cronk, Vice-Chair, Industrial Development Authority, 3310 Kingsbury Circle, S. W., Roanoke, Virginia 24014 Carl D. Cooper, Chair, Roanoke Neighborhood Advocates, 3601 Round Hill Avenue, N. W., Roanoke, Virginia 24012 John Renick, Secretary, Roanoke Neighborhood Advocates, 436 Walnut Avenue, S. E., Roanoke, Virginia 24014 Steven C. Buschor, Director, Parks and Recreation The Honorable Evelyn W. Powers, City Treasurer The Honorable Sherman A. Holland, Commissioner of the Revenue Susan S. Lower, Director, Real Estate Valuation Sherman M. Stovall, Director, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of July, 2004. No. 36782-071904. AN ORDINANCE approving, adopting, and establishing certain local incentives for the area designated as Enterprise Zone One A in the City of Roanoke; providing for an effective date; and dispensing with the second reading by title of this ordinance. WHEREAS, in June 2004, the Governor of Virginia designated as Roanoke's Enterprise Zone One A an area of approximately 1,702 acres located in the City of Roanoke as shown on a map of Enterprise Zone One A that was attached to the City's Enterprise Zone application, a copy of which is on file in the Office of the City Clerk, such Enterprise Zone to become effective retroactive to January 1, 2004; and WHEREAS, the City of Roanoke wishes to make certain local incentives available to the Enterprise Zone One A area, all as more fully set forth and described in a letter from the City Manager to Council dated July 19, 2004. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby approves and adopts the local incentives for the area designated as Enterprise Zone One A located in the City of Roanoke as more fully set forth in this ordinance and in the letter from the City Manager to Council dated July 19, 2004. 2. The City Manager is hereby authorized on behalf of the City to adopt and promulgate such rules and regulations and take such actions as may be reasonably necessary and consistent with this ordinance to implement such local incentives for the period of January 1, H:~vleasures\Enterprise Zone One A 2004.doc ] 2004, through December 31, 2023, at which time these local incentives will end unless otherwise modified by Council. 3. The definitions set forth in Section 59.1-271 of the Code of Virginia (1950), as amended, as it now exists or may hereafter be amended shall apply to this ordinance. Also, the term "Enterprise Zone One A" shall refer to the area designated by the Governor of Virginia in June 2004, effective retroactive to January 1, 2004, as Enterprise Zone One A located in the City of Roanoke and as shown on a map attached to the City's Enterprise Zone application, a copy of which is on file in the Office of the City Clerk. 4. The City will provide funds to the Industrial Development Authority of the City of Roanoke, Virginia, (IDA) so that the IDA can enhance economic development in Enterprise Zone One A by providing facade grants of 33% of any building facade renovation costs for those facades in need of renovation that visually improves the facade (the principal face or front of a building or significant historical attachment that would contribute to the appearance of the building if restored) of a building within Enterprise Zone One A up to a maximum of Twenty- five Thousand Dollars ($25,000) per grant with a total yearly limit for all such grants of at least One Hundred Thousand Dollars ($100,000). The uses for such building are to be commercial, mixed-use commercial with no more than 80% of the building being used for residential purposes (hereinafter referred to in this ordinance as "mixed-use commercial"), or industrial use. The availability of this local incentive is from January 1, 2004, through December 31, 2023, at which time the Enterprise Zone One A designation will end, unless otherwise modified by Council. The City Manager shall establish appropriate rules and regulations necessary to implement this local incentive. H:Wleasures~nterprise Zone One A 2004.doc 2 5. Any business' firm, property owner, or leaseholder authorized to make improvemerits, undertaking new building construction and/or rehabilitation work within the City's Enterprise Zone One A shall be entitled to a rebate of up to 100% of building permit and comprehensive development plan review fees based on appropriate and approved documentation of the amount of new building construction and/or rehabilitation investment of One Hundred Twenty-Five Thousand Dollars ($125,000) or more undertaken by such business firm, property owner, or leaseholder authorized to make improvements, within Enterprise Zone One A. The uses for such building are to be for profit commercial, mixed-use commercial, or industrial. All building permit and comprehensive development plan review fees shall initially be paid in full by the business firm, property owner, or leaseholder authorized to make improvements. Upon completion of the new building construction and/or rehabilitation work and upon proper documentation of the issuance of a permanent certificate of occupancy for the new building and/or proper documentation of completion of the rehabilitation work, the business firm, property owner, or leaseholder authorized to make improvements may then apply for a rebate under this local incentive. Upon the City's approval of the application, the business firm, property owner, or leaseholder authorized to make such improvements will receive a rebate from the City of the following percentage of building permit and comprehensive development plan review fees the business firm, property owner, or leaseholder authorized to make improvements previously paid (without interest) for such new building construction and/or rehabilitation work: Amount Invested Percent City Rebates $1,000,000 or more $900,000-$999,999.99 100% 90% H:~leasures\Ente~pdse Zone One A 2004.doc 3 ~800,000-$899,999.99 $700,000-$799,999.99 $600,000-$699,999.99 $500,000-$599,999.99 $400,000-$499,999.99 $300,000-$399,999.99 $250,000-$299,999.99 $125,000-$249,999.99 $0- $124,999.99 8O% 70% 60% 50% 40% 30% 20% 10% O% The effective date of the availability of this local incentive is January 1, 2004. The incentive shall be available only for building permit and comprehensive development plan review fees paid between the period of January 1, 2004, through December 31, 2023, at which time the Enterprise Zone One A designation will end, unless otherwise modifed by Council. The City Manager shall establish appropriate roles and regulations necessary to implement this local incentive. 6. Any business firm, property owner, or leaseholder authorized to make improvements, undertaking new building construction and/or rehabilitation work within the City's Enterprise Zone One A shall be entitled to receive a grant from the Industrial Development Authority of the City of Roanoke, Virginia (IDA) equal to an amount up to 100% of water, fire, and sewer hookup fees based on appropriate and approved documentation of the amount of new building construction and/or rehabilitation investment of One Hundred Twenty- Five Thousand Dollars ($125,000) or more undertaken by such business firm, property owner, or H:XMeasures~Enterpris¢ Zone One A 2004.doc 4 leaseholder authorized to make improvements within Enterprise Zone One A. The City will provide funds to the IDA for grants for this local incentive in order to enhance economic development in the area. The uses for such building are to be for profit commercial, mixed-use commercial, or industrial. All water, fire, and sewer hookup fees shall initially be paid in full by the business finn, property owner, or leaseholder authorized to make improvements. Upon completion of the new building construction and/or rehabilitation work and upon proper documentation of the issuance of a permanent certificate of occupancy for the new building and/or proper documentation of completion of the rehabilitation work, the business firm, property owner, or leaseholder authorized to make improvements may then apply for a grant from the IDA under this local incentive. Upon the approval of the application, the business firm, property owner, or leaseholder authorized to make improvements will receive a grant from the IDA of an amount equal to the following percentage of water, fire, and sewer hookup fees the property owner or leaseholder authorized to make such improvements previously paid (without interest) for such new building construction and/or rehabilitation work: Amount Invested $1,000,000 or more $900,000-$999,999.99 $800,000-$899,999.99 $700,000-$799,999.99 $600,000-$699,999.99 $500,000-$599,999.99 $400,000-$499,999.99 Grant Percent 100% 90% 80% 70% 60% 50% 40% H:~vleasures~Emeqmse Zone One A 2004.doc 5 $~00,000-$399,999.99 $250,000-$299,999.99 $125,000-$249,999.99 $0- $124,999.99 30% 20% 10% 0% The effective date of the availability of this local incentive is January 1, 2004. The incentive shall be available only for water, fire, and sewer hookup fees paid between the period of January 1, 2004, through December 31, 2023, at which time the Enterprise Zone One A designation will end, unless otherwise modified by Council. The City Manager shall establish appropriate roles and regulations necessary to implement this local incentive. 7. The City will provide funds to the Industrial Development Authority of the City of Roanoke, Virginia, (IDA) so that the IDA can enhance safety in Enterprise Zone One A by providing new, first time fire suppression system retrofit grants to a business firm, property owner, or leaseholder authorized to make improvements, but who is NOT required to install in its building a new, first time fire suppression system, but who chooses to install such a system in its building nonetheless. Each grant shall be for a period not to exceed five (5) years and shall be good only as long as such system is actively maintained. Such grants may be transferred to a new entity responsible for such charges upon notice to and approval by the City. Grants shall be in an amount equal to the following percentages of monthly fire service charges that have been paid: Year One -- 50% of monthly fire service charge Year Two -- 40% of monthly fire service charge Year Three -- 30% of monthly fire service charge HSMeasureskEnte~rise Zone One A 2004.doc 6 Year Four -- 20% of monthly fire service charge Year Five -- 10% of monthly fire service charge The City will also provide funds to the IDA for a grant equal to the amount of 100% of fire hookup fees to a business firm, property owner, or leaseholder authorized to make improvements, but who is NOT required to install in its building a new, first time fire suppression system as set forth above. The uses for such building for both grants are to be for profit commercial, mixed-use commercial, or industrial. The availability of this local incentive is from January 1, 2004, through December 31, 2023, at which time the Enterprise Zone One A designation will end, unless otherwise modified by Council. The City Manager shall establish appropriate roles and regulations necessary to implement this local incentive. 8. Neighborhood organizations wishing to promote civic pride within Enterprise Zone One A or in a census tract contiguous to such zone may be eligible for grants. The maximum grant per neighborhood organization will be Five Hundred Dollars ($500) per fiscal year. The total maximum amount the City will appropriate for this local incentive will be Two Thousand Five Hundred Dollars ($2,500) per fiscal year. The City Manager shall also establish neighborhood public park improvement grants that will be available to the City's Department of Parks and Recreation for making substantial improvements to neighborhood public parks within Enterprize Zone One A or in a census tract contiguous to such zone. The amount the City will appropriate for such grants will be at least Ten Thousdand Dollars ($10,000) per fiscal year. The of availability of this local incentive is from January 1, 2004, through December 31, 2023, unless otherwise modified by Council. The City Manager shall establish appropriate roles and regulations necessary to implement this local incentive. H:XMeasures\Enteq~fise Zone One A 2004.doc 7 .. 9. The City will provide funds to the Industrial Development Authority of the City of Roanoke, Virginia, (IDA) so that the IDA can enhance safety in Enterprise Zone One A by providing grants to businesses that, as a result of participating in the Roanoke City Police Department's Star City Business Watch program, have made improvements to their properties in order to improve security. The maximum grant will be the lesser of 50% of the actual out of pocket cost of the security improvements or Five Hundred Dollars ($500) per fiscal year. The amount the City will appropriate for this local incentive will be at least Two Thousand Five Hundred ($2,500) per fiscal year. The period of availability for this local incentive will be January 1, 2004, through December 31, 2023, unless otherwise modified by Council. The City Manager shall establish appropriate roles and regulations necessary to implement this local incentive. 10. Job training grants will be provided to business firms within the City of Roanoke's Enterprise Zone One A subject to the following conditions and restrictions: A. The City will provide funds to the Industrial Development Authority of the City of Roanoke, Virginia (IDA) for any such job training grants for this local incentive. B. Only business firms qualified to receive job training assistance from the Virginia Department of Business Assistance (VDBA) may receive grants from the IDA; C. A business firm shall only be allowed to request a job training grant(s) under the local incentive program from the time it becomes eligible for VDBA assistance until six months after receiving assistance from the VDBA; D. The job training grants will be awarded to business ftrms in Enterprise Zone One A upon proper application and documentation of qualifying for and receiving VDBA workforce assistance; E. The amount of job training grants will be in an amount up to or equaling the amount of assistance the business firm is eligible for, as determined H:'u'vleasures\Enterprise Zone One A 2004.doc 8 Fo by the YDBA, but cannot, in conjunction with the VDBA assistance, surpass the need of the business finn. The job training grants provided by this local incentive are available from January 1, 2004, through December 31, 2023, unless otherwise modified by Council. The City Manager shall establish appropriate rules and regulations necessary to implement this local incentive. 11. The limitations on the total amount of funding to be provided for any of the local incentives mentioned in this ordinance are intended to refer to the total funding that the City intends to commit for that particular local incentive for a particular entity and/or for a particular fiscal year, unless otherwise indicated in that local incentive. Any appropriated funds not used during a particular fiscal year for any local incentive may be used for that local incentive in a subsequent fiscal year and counted toward the subsequent fiscal year's limitation for such local incentive or added to that limitation, as the City may deem appropriate. Also, the funding for the grants and local incentives referred to in this ordinance are subject to appropriation of such funds by Council for each fiscal year. Furthermore, these provisions shall be applicable only as long as the local incentives are available as indicated in this ordinance, unless otherwise modified by Council. 12. This ordinance shall be in full force and effect retroactive to January 1, 2004, the retroactive date for which the Governor's designation applies for Enterprise Zone One A. 13. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. City Clerk. H:'~vleasures\Enterprise Zone One A 2004.doc 9 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 July 21, 2004 File #60-266 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 36781-071904 appropriating $300,000.00 in connection with Enterprise Zone One Project, and amending and reordaining certain sections of the 2004-2005 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, July 19, 2004, and is in futl force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment Jesse A. Hall July 21,2004 Page 2 pc: Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Office of Management and Budget Elizabeth A. Neu, Director, Economic Development IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of July, 2006. No. 36781-071904. ' AN ORDINANCE to appropriate funding for the Enterprise Zone One Project, amending and reordaining 'certain sections of the 2004-2005 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 2004-2005 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 Fund Balance Unappropriated 008-310-9736-9003 $ 200,000 008-310-9738-9003 100,000 008-3325 (300,000) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com July 19, 2004 Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Enterprise Zone One A Local Incentive Ordinances Background: On September 15, 2003, the City Council adopted Resolution No. 36494-091503, authorizing the City Manager to apply to the Department of Housing and Community Development for an Enterprise Zone designation, since the designation the City had enjoyed since 1984 was expiring on December 31, 2003. On June 21, 2004, the Commonwealth of Virginia approved the City of Roanoke's application, thereby designating the area of the City selected by the City as an Enterprise Zone, to be called Enterprise Zone One A, effective retroactively to January 1,2004. Considerations: A requirement of such Enterprise Zone designation is that the City of Roanoke offers certain local incentives. Eight local incentives were a part of the application previously approved by City Council, and are attached. However, City Council still needs to adopt ordinances implementing these incentives. The eight local incentives consist of the following: fac;ade grants; partial real estate tax exemption for rehabilitated or renovated buildings (to be effective July 19, 2004); development fee rebates; water, fire and sewer hookup grants (this local incentive was changed from a rebate to a grant through the IDA since the Western Virginia Water Authority will be receiving these hookup fees); new fire suppression system retrofit grants and fire hookup grants; neighborhood and parks grants; business security grants; and job training grants. Honorable Mayor and Members of City Council July 19, 2004 Page 2 Recommended Action: Adopt the two attached ordinances, one establishing local incentives and one adding a new City Code Division 5B to Article II, Real Estate Taxes Generally, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), authorize the City Manager to make appropriate rules and regulations to implement the Ioca incentives for Enterprise Zone One A, and authorize the director of real estate valuation to adopt rules for the administration of the new Division 5B. Appropriate funding in the amount of $200,000 for fa(;ade grants to account 008- 310-9736-9003 (Fa(;ade Grants) and $100,000 for fee rebates and other incentives to account 008-310-9738-9003 (Enterprise Zone Fee Rebates) from Capital Project Interest Earnings (008-3325). DLB/sem Darlene L. Burcham City Manager CM04-00126 C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Elizabeth A. Neu, Director of Economic Development Sherman M. Stovall, Director of Management and Budget VIRGINIA ENTERPRISE ZONE APPLICATION Incentive Chart IProposed Enterprise Zone Name: Incentive #, Name, and Description: Incentive #1, Fagade Grant: The City of Roanoke, through a grant through the Industrial Development Authority, will reimburse owners that improve the appearance of their building faoade 33% of the cost of renovation, capped at $25,000 per project. Financial Value of Incentive: This is an existing incentive for the City of Roanoke Enterprise Zone program. In the first year the average grant amount was $16,273.53. Incentive #, Name, and Description: Incentive #2, Rehabilitation of Existing Provider: City of Roanoke through the Industrial Development Authority Qualification Requirements: Application must be made before work can commence. Fiscal year limit is $100,000; first come, first serve. Some residential component is allowed in the building as long as 20% remains devoted to commercial uses. Period of availability: For the life of the zone Source of funds: General Revenue Effective date: Immediately Upon City Council Adoption of Enterprise Zone Ordinance Exclusive to zone: Yes r--JNo, if no please explain how zone incentives will be addressed Provider: City of Roanoke 32 VIRGINIA ENTERPRISE ZONE APPLICATION Structures Real Estate Tax Exemption: A real estate tax exemption is available to businesses for increasing the assessed value of an existing commercial or industrial building through renovation. Financial Value of Incentive: The minimum value of this incentive is $4,235 over a seven year period. The maximum is $100,000. DED estimates the average benefit would be from $7,500- $10,000 per seven year period. Qualification Requirements: --Building must be 15 years of age or more --Assessed value must be increased by at least $50,000 --The exemption remains with the building, not with the owner of the building, for a period of seven years and begins on July 1 of the year following completion of the rehabilitation or renovation and approval of the application for exemption --The maximum tax exemption for any individual building over the seven-year period is $100,000 --Some residential component is allowed in the building as long as 20% remains devoted to commercial uses. Period of availability: For the life of the zone. Source of funds: Foregone Revenue Effective date: Immediately Upon City Council Adoption of Enterprise Zone Ordinance Exclusive to zone: Yes [] No, if no please explain how zone incentives will be addressed 33 VIRGINIA ENTERPRISE ZONE APPLICATION Proposed Enterprise Zone Name: Incentive #, Name, and Description: Incentive #3, Building Permit and Comprehensive Development Review Fee Rebates: Up to 100% rebate of Building Permit fees and Comprehensive Development Plan Review fees based on new building construction investment and/or building rehabilitation investment. Provider: City of Roanoke Qualification Requirements: City Rebates Amount Invested $1,000,000 or more $900,000.$999,999.99 $800,000-$899,999.99 $700,000-$799,999.99 $600,000-$699,999.99 $500,000-$599,999.99 $400,000-$499,999.99 $300,000-$399,999.99 $250,000-$299,999.99 $125,000-$249,999.99 $0-$124,999.99 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% Some residential component is allowed in the building as long as 20% remains devoted to commercial uses. Period of availability: For the life of the zone. Source of funds: General Revenue Financial Value of Incentive: The value of this incentive can fluctuate depending on the investment. Smaller projects could receive as little as a $80 rebate (but we have never received an application for so small a project), while larger projects can get $1,000 - $t5,000 rebated back. The average rebate for 2002 was $5,473.50. Incentive #, Name, and Description: Incentive #.4, Water, Fire and Sewer Hookup Effective date: Upon Council Adoption of Ordinar Exclusive to zone: II No, if no please explain how zone incentives will be addressed Provider: City of Roanoke :e 34 VIRGINIA ENTERPRISE ZONE APPLICATION Fees Rebate for New Building Construction and the Rehabilitation of Existing Buildings: City rebates up to 100% of water, fire, and sewer hookup fees, after documentation of a permanent certificate of occupancy, for businesses undertaking new building construction investment and the investment in the rehabilitation of existing buildings of at least $125,000. Qualification Requirements: Amount Invested City Rebates $1,000,000 or more 100% $900,000-$999,999.99 90% $800,000-$899,999.99 80% $700,000-$799,999.99 70% $600,000-$699,999.99 60% $500,000-$599,999.99 50% $400,000-$499,999.99 40% $300,000-$399,999.99 30% $250,000-$299,999.99 20% $125,000-$249,999.99 10% $0-$124,999.99 0% *Please note that due to the creation of the Western Virginia Water Authority the Utility Hook-Up Fee Rebates will be Grants through the IDA. Financial Value of Incentive: This is an existing incentive for the City of Roanoke Enterprise Zone program. The value of this incentive can fluctuate depending on the investment. Rebates can be from $600 to several thousand dollars. Some residential component is allowed in the building as long as 20% remains devoted to commercial uses. Period of availability: For the life of the zone Source of funds: General Revenue Effective date: Immediately Upon City Council Adoption of Enterprise Zone Ordinance Exclusive to zone: I I No, if no please explain how zone incentives will be addressed 35 VIRGINIA ENTERPRISE ZONE APPLICATION Proposed Enterprise Zone Name: Incentive #, Name, and Description: Incentive #5, Fire Suppression Retro-Fit Five-Year Grant and Connection Fee Rebate: A grant, through the Industrial Development Authority, to offset costs of having fire suppression line installed in older industrial and commercial buildings when not required by code. *Please note that due to the creation of the Western Virginia Water Authority the Connection Fee Rebate will be a Grant through the IDA. Financial Value of Incentive: This value of the incentive would vary depending on line size, but the total value for any one building for a five year period would be from $1,620 - $14,370 plus connection charge rebate of anywhere from $6,000 - $12,000. Incentive #, Name, and Description: Incentive #6, Neighborhood/Parks and Recreation Grant: Neighborhood grants to neighborhood associations and parks improvements grants for neighborhood parks improvement. Provider: City of Roanoke Qualification Requirements: Year One -- 50% of monthly fire service charge Year Two m 40% of monthly fire service charge Year Three -- 30% of monthly fire service charge Year Four -- 20% of monthly fire service charge Year Five -- 10% of monthly fire service charge Some residential component is allowed in the building as long as 20% remains devoted to commercial uses. Period of availability: For the life of the zone. Source of funds: General Revenue Effective date: Immediately Upon City Council Adoption of Enterprise Zone Ordinance Exclusive to zone: Yes [] No, if no please explain how zone incentives will be addressed Provider: City of Roanoke Qualification Requirements: Must be in a neighborhood in the Zone or in a Census Tract contiguous to the Zone; neighborhood grants will be for $500 to be used for signage, beautification and community events (fiscal year limit: $2,500); neighborhood parks improvement grants will be for making substantial improvements to neighborhood parks (fiscal year limit: $10,000). 36 VIRGINIA ENTERPRISE ZONE APPLICATION Financial Value of Incentive: $500 per approved applicant for signage, beautification and community events; estimated $2,500 for other grant types. Period of availability: For the life of the zone Source of funds: General Revenue Effective date: Immediately Upon City Council Adoption of Enterprise Zone Ordinance Exclusive to zone: Yes [] No, if no please explain how zone incentives will be addressed 37 VIRGINIA ENTERPRISE ZONE APPLICATION Proposed Enterprise Zone Name: Incentive #, Name, and Description: Incentive #7, Star City Business Watch Program/Business Security Grant: Facilitate a partnership between the business community and the Roanoke Police Department to create a safer environment for businesses, employees and consumers and promote crime Iprevention strategies. A Business Security Grant would offset the cost of security measures such as lighting, vegetation and other suggestions that were a part of the Start City Business Watch program. Grants will be made through the Industrial Development Authority. Financial Value of Incentive: Security grants will cover 50% of security up fit expenses, up to $500 per business. Incentive #, Name, and Description: Incentive #8, Job Training Grants: Any business qualifying for Department of Business Assistance (DBA) job training assistance can qualify for a grant from the City of Roanoke. Grants will be made through the Industrial Development Authority and may be in an amount up to the amount from the state, at the City's discretion. Financial Value of Incentive: The value would depend on the per position grant received from the DBA. Provider: City of Roanoke (Police Department and Department of Economic Development) Qualification Requirements: In order to get a Business Security grant, a business must complete the Star City Watch Business Program with the Police Department (Star City Watch is a city-wide program.) Period of availability: for the life of the zone Source of funds: General Revenue Effective date: Immediately Upon City Council Adoption of Enterprise Zone Ordinance Exclusive to zone: Yes [] No, if no please explain how zone incentives will be addressed Provider: City of Roanoke Qualification Requirements: The business must qualify for job training assistance from the Virginia Department of Business Assistance in order to qualify for this incentive. Period of availability: For the life of the zone Source of funds: General Revenue Effective date: Immediately Upon City Council Adoption of Enterprise Zone Ordinance 38 VIRGINIA ENTERPRISE ZONE APPLICATION Exclusive to zone: Yes [] No, if no please explain how zone incentives will be addressed 39 Note: Map too large to scan. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC Stephanie M. Moon, CMC City Clerk Deputy City Clerk Sheila N. Hartman Assistant City Clerk July 21,2004 File #60-236 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: lam attaching copy of Resolution No. 36785-071904 authorizing acceptance ora Local Government Challenge Grant from the Virginia Commission for the Arts, in the amount of $5,000.00, to be used for funding local organizations, as more particularly set forth in your letter to Council dated July 19, 2004. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 19, 2004, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew pc: 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 19th day of July, 2004. No. 36785-071904. A RESOLUTION authorizing the acceptance ora Local Government Challenge Grant from the Virginia Commission for the Arts. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke accepts a Local Government Challenge Grant from the Virginia Commission for the Arts in the amount of $5,000.00 to be used for funding local organizations, as more particularly set forth in the City Manager's letter to this Council dated July 19, 2004. 2. The City Manager, or an Assistant City Manager, is hereby authorized to execute any and all requisite documents, upon form approved by the City Attorney, and to furnish such additional information as may be required in connection with the City's acceptance ofthisgrant. City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC Stephanie M. Moon, CMC City Clerk Deputy City Clerk Sheila N. Hartman Assistant City Clerk File #60-236 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 36784-071904 appropriating $5,000.00 in connection with establishing the Local Government Challenge 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, July 19, 2004, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew 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 19th day of July, 2004. No. 36784-071904. AN ORDINANCE to establish the Local Government Challenge 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 Arts Council Of The Blue Ridge Mill Mountain Theatre Opera Roanoke Roanoke Symphony Orchestra Young Audiences of Virginia Revenues Challenge Grant FY05 035-410-8739-3737 $ 1,000 035-410-8739-3749 1,000 035-410-8739-3762 1,000 035-410-8739-3736 1,000 035-410-8739-3802 1,000 035-410-8739-8739 5,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.corn July 19, 2004 Honorable C. Nelson Harris, Mayor Honorable, Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable Dr. M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable, Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Virginia Commission for the Arts Local Government Challenge Grant Background: Notification has been received from the Commonwealth of Virginia Commission for the Arts (Commission) that a $5,000 Local Government Challenge Grant has been awarded to the City of Roanoke. Application for the grant was made at the request of the Arts Council of Roanoke Valley, Mill Mountain Theatre, Opera Roanoke, Roanoke Symphony Orchestra, and Young Audiences of Virginia. Considerations: In order to receive these funds, the Commission must obtain written confirmation that local tax revenue dollars will be used to match or exceed the amount of the grant. For Fiscal Year 2004-05, the organizations listed previously will receive local funding, as recommended by the Roanoke Arts Commission and approved by City Council on June 6, 2004, in the amounts shown below: Mayor and Members of City Council -July 19, 2004 Page 2 Arts Council of Blue Ridge Mill Mountain Theatre Opera Roanoke Roanoke Symphony Orchestra Young Audiences of Virginia $14,083 11,792 8,167 27,800 4,167 The grant funds will be distributed to the five sponsoring agencies in the amount of $1,000 each. Recommended Action(s): Authorize the City Manager to execute the necessary documents that are required for acceptance of this grant. All documents shall be approved as to form by the City Attorney. Appropriate $5,000 in state grant funds and establish a corresponding revenue estimate in accounts established by the Director of Finance in the Grant Fund entitled "Challenge Grant FY 05". Respectfully submitted, Darlene L. Burcham City Manager DLB:vst Attachment Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sherman M. Stovall, Director of Management & Budget #CM04-00128 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 July 21., 2004 File #5-60-188-236 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36787-071.904 authorizing acceptance of the 2004 U. S. Department of Homeland Security Grant from the Virginia Department of Emergency Management, in the amount of $31.4,433.00, upon terms, provisions and conditions relating to receipt of such funds. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 1.9, 2004, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Darlene L. Burcham July 21, 2004 Page 2 pc: Jesse A. Hall, Director of Finance George C. Snead, Jr., Assistant City Manager for Operations Paul Truntich, Administrator, Environmental and Emergency Management Joe Coyle, Coordinator of Emergency Management Sherman M. Stovall, Director, Office of Management and Budget IN THE COUNC~ OF THE C1TYOF ROANOKE, VIRGINIA The 19th day of July, 2004. No. 36787-071904. A RESOLUTION authorizing the acceptance of the 2004 U. S. Department of Homeland Security Grant from the Virginia Department of Emergency Management to obtain federal funds under the State Homeland Security Grant Program administered by the Office of Domestic Preparedness and authorizing the execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke, a public entity established under the laws of the Commonwealth of Virginia, does hereby authorize its City Manager to execute an application and file it in the appropriate state office for the purpose of obtaining certain federal financial assistance from the Virginia Department of Emergency Management, such grant being more particularly described in the letter of the City Manager dated July 19, 2004, upon all the terms, provisions and conditions relating to such application. 2. Following application and any award of the Grant, the City of Roanoke authorizes its City Manager to accept the Grant from the Virginia Department of Emergency Management in the amount of $314,433, upon all the terms, provisions and conditions relating to the receipt of such funds. 3. The City Manager and the City Clerk, are hereby authorized to execute, and attest, respectively, the grant application, the grant agreement, and any other necessary documents and to provide all documents or information to the Commonwealth with regard to all matters pertaining to such Federal financial assistance and any and all H:~Vleasures~Iom¢land S~'urity Grant 2004.doc information pertaining to this Grant as may be requested. All such documents to be approved by the City Attorney. City Clerk H:Wleasureshrtomeland Security Grant 2004.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 July 21, 2004 File #5-60-188-236 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 36786-07:[904 appropriating $3 :[4,433.00 in connection with establishing the State Homeland Security 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, July :[9, 2004, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment Jesse A. Hall July 21, 2004 Page 2 pc: Darlene L. Burcham, City Manager George C. Snead, Jr., Assistant City Manager for Operations Paul Truntich, Administrator, Environmental and Emergency Management Joe Coyle, Coordinator of Emergency Management Sherman M. Stovall, Director, Management and Budget IN THE COUNCIL OF THE CITY Of ROANOKE, VIRGINIA The 19th day of July, 2004. No. 36786-071904. AN ORDINANCE to establish the State Homeland Security 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 Supplies- Grant - Environmental & Emergency Management Supplies- Grant - Department of Technology Supplies- Grant - Fire EMS Supplies- Grant - Police Training and Development Revenues State Homeland Security FY05 .035-520-3526-3030 $ 9,600 035-520-3526-3031 28,000 035-520-3526-3032 229,900 035-520-3526-3033 35,000 035-520-3526-2144 11,933 035-520-3526-3526 314,433 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST:~"~ ~'~'7 City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, $.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com July 19, 2004 Honorable C. Nelson Harris, Mayor Honorable Beverly T Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian J. Wishneff Council Member Dear Mayor Harris and Members of City Council: Subject: State Homeland Security Grant Background: The Virginia Department of Emergency Management has announced the allocation of the 2004 U.S. Department of Homeland Security (DHS), State Homeland Security Program Grant. This grant is designed to provide equipment, training, planning and exercises for first responders to develop better preparedness to prevent, respond and recover from potential acts of terrorism. The City of Roanoke has been allocated a total of $314,433 under this grant. This amount is based upon a formula that provided $15,000 plus $3.15 per capita to our locality. Funding will be made available upon review of the budget detail listing and approval by the Virginia Department of Emergency Management. Considerations: This funding, which requires no local match, must be used according to the requirements specified by the Department of Homeland Security. The 2004 grant allows the expenditure of grant funds in four areas of need: Equipment Acquisition, Training, Planning, and Exercise. Equipment purchases must conform to the Office of Domestic Preparedness Authorized Equipment List. Mayor Harris and Members of City Council July 19, 2004 Page 2 Recommended Action: Authorize the City Manager to execute and the City Clerk to attest, respectively, on behalf of the City of Roanoke, any documentation required in connection with obtaining and accepting this state homeland Security Grant above allocation in the amount indicated and to furnish such additional information and take such additional action as may be needed to implement and administer such grant funds and agreements, such documents to be approved as to form by the City Attorney. Appropriate funding of $314,433 to an account in the Grant Fund to be established by the Director of Finance. Establish a revenue estimate of the same. Respectfully submitted, City Manager DLB:jac Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance George C. Snead, Assistant City Manager for Operations Paul Truntich, Administrator, Environmental and Emergency Management Joe Coyle, Coordinator of Emergency Management CM04-0] 29 MARY F. PARKER, CMC City Clerk CITY OF ROANOI4E OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk(~ci,roanoke.va.us July 21, 2004 File #60-68-121 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk David M. Dillon, President First Team, Inc. 6520B Peters Creek Road, N. W. Roanoke, Virginia 24019 Dear Mr. Dillon: I am enclosing copy of Resolution No. 36789-071904 accepting the donation of approximately $12,608.24 from First Team, Inc., to be used by the Roanoke City Sheriff's Office for lease payments for a new DARE vehicle. The Mayor and Members of Roanoke City Council would like to express appreciation to First Team, Inc. for its generous donation to the City of Roanoke. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 19, 2004, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew David IVl. Dillon, President First Team, Inc. July 21, 2004 Page 2 pc: The Honorable George M. McMillan, Sheriff Darlene L. Burcham, City Manager A. L. Gaskins, Chief of Police 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 19th day of July, 2004. No. 36789-071904. A RESOLUTION accepting the donation of approximately $12,608.24 from First Team, Inc. to be used by the Roanoke City Sheriff's Office for the lease payments of a new DARE vehicle, and expressing appreciation for such donation. WHEREAS, the First Team, Inc. has generously offered to donate the amount of approximately $12,608.24 to the City of Roanoke to be used for lease payments of a new DARE vehicle for the Roanoke City Sheriff's Office; WHEREAS, this donation will enable the Roanoke City Sheriff's Office to better discourage the use of drugs by our youth within the Roanoke Valley; and WHEREAS, it is the recommendation of the City Manager that City Council accept this approximate $12,608.24 donation in accordance with the provisions of {}2- 263, Code of the City of Roanoke (1979), as amended, which provides that gifts valued in excess of $5,000 be accepted by resolution of City Council. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: I. This Council hereby accepts the donation of approximately $12,608.24 from the First Team, Inc. to be used for the costs of leasing a new DARE vehicle for the Roanoke City Sheriff's Office, in accordance with the recommendation contained in the City Manager's letter to City Council dated April 19, 2004 and a Memorandum of Gift approved by the City Attorney. 2. This Council wishes to express its appreciation and that of the citizens of the City of Roanoke to the First Team, Inc. for its generous donation to the City of Roanoke and the Roanoke City Sheriff's Office, 3. The City Clerk is directed to transmit a copy of this resolution to the First Team, Inc., 6520 Peters Creek Road, Roanoke, Virginia 24019, expressing the City's appreciation for this donation. ATTEST: 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 July 21, 2004 File #60-68-121 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copyofOrdinance No. 36788-071904 appropriating $12,608.00 in connection with the lease of a D.A.R.E. vehicle, 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, July 19, 2004, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attach merit Jesse A. Hall July 21, 2004 Page 2 pc: The Honorable George M. McMillan, Sheriff Darlene L. Burcham, City Manager A. L. Gaskins, Chief of Police Sherman M. Stovall, Director, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of July, 2004. No. 36788-071904. AN ORDINANCE to appropriate funding for the lease of a D.A.R.E vehicle and establish a donation, 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: Appropriations D.A.R.E. 001-140-2140-2141 $ 12,608 Revenues Donations Sheriff - D.AR.E. 001-110-1234-1863 12,608 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 July 19, 2004 Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of Council: Subject: Accepting Donation to Fund Lease of Vehicle from First Team Auto Mall Background: First Team, Inc. d/b/a First Team Auto Mall of Roanoke Auto Mall of Roanoke wishes to donate the sum of $11,732 to the City of Roanoke to be used for two years of lease payments of a new 2004 Nissan Xterra; D.A.R.E. vehicle for the Roanoke City Sheriff's Office. This vehicle will enable deputies assigned to the D.A.R.E. program to enhance their promotion of a drug and violence free environment, through positive interactions with law enforcement officers. The lease will continue for two years. Considerations: City of Roanoke fleet management personnel have agreed to the upkeep and maintenance of this vehicle. If accepted, the D.A.R.E. vehicle will be Mayor Smith and Members of Council July 19, 2004 Page 2 equally displayed throughout the 21 elementary schools within the City of Roanoke. The value of the lease donation exceeds $5,000, which requires City Council's approval to accept as a donation. Recommended Action: Authorize the City Manager to enter into a lease agreement between Nissan Motor Acceptance Corporation, First Team Auto Mall, and the City of Roanoke, for the purpose of acquiring the 2004 Nissan Xterra for the Roanoke City Sheriff's Office D.A.R.E. program. Authorize the Director of Finance to establish a revenue estimate in the amount of $11,352 in the Grant Fund and appropriate funding in the same amount to an expenditure account. Respectfully submitted, Darlene L. Burcham City Manager DLB:br Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance CM04-00132 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk July 21, 2004 File #54-212 Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36790-071904 authorizing the City Manager to send, for and on behalf of City Council, acertified letter to the Director of Game and Inland Fisheries requesting that he authorize the taking of deer within the City of Roanoke over bait; and authorizing the City Manager to execute a revised Memorandum of Understanding with the Department of Game and Inland Fisheries to allow the taking of deer over bait as part of the City's Deer Management Program. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 19, 2004, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Darlene L. Burcham July 21, 2004 Page 2 pc: Jesse A. Hall, Director of Finance Rolanda B. Russell, Assistant City Manager for Community Development A. L. Gaskins, Chief of Police Paul J. Truntich, .Ir., Environmental Administrator IN THE COUNCIL OF TFtE CITY OF ROANOKE, VIRGINIA The 19th day of July, 2006. No. 36790-071904. A RESOLUTION authorizing the City Manager to send for and on behalf of City Council a certified letter to the Director of Game and Inland Fisheries requesting that he authorize the takingof deer within the City of Roanoke over bait; and authorizing the City Manager to execute a revised Memorandum of Understanding with the Department of Game and Inland Fisheries to allow the taking of deer over bait as part of the City's Deer Management Program. WHEREAS, the City currently has a Deer Management Program in response to citizen concerns regarding deer overpopulation within the City of Roanoke; WHEREAS, the General Assembly of Virginia recently amended Virginia Code Section 29.1-529 to allow the taking of deer over bait under specific conditions approved by the Virginia Department of Game and Inland Fisheries; and WHEREAS, the taking of deer over bait will enhance the effectiveness of the City's Deer Management Program. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized to send a certified letter to the Director of Game and Inland Fisheries requesting that the taking of deer over bait within the City limits be approved. 2. The City Manager is authorized to execute a revised Memorandum of Understanding with the Departmem of Game and Inland Fisheries consistent with this resolution and that such revised Memorandum of Understanding be approved as to form by the City Attorney. City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com July 19, 2004 Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda McDaniel, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of Council: Subject: Deer Management Program Background: Last winter the City began a deer management program in response to citizen concerns about deer overpopulation. One hundred nine (109) deer were taken by City-employed sharpshooters over the 2003-04 season. As part of deer management program, the City supported an amendment to Section 29.1-529, Code of V/r. qin/a, to take deer over bait under specific conditions approved by the Virginia Department of Game and Inland Fisheries. The amendment provides that "the Director [of Game and Inland Fisheries] or his designee may authorize, subject to the provisions of this section, the killing of deer over bait within the political boundaries of any city or town in the Commonwealth when requested by a certified letter from the governing body of such locality." Authorizing the taking of deer over a baited area would allow the option of a sizeable herd reduction. Recommended Action: Authorize the City Manager to send, for and on behalf of City Council, a certified letter to the Director of Game and Inland Fisheries requesting that he authorize the killing of deer over bait in the City. Also, authorize the Mayor Harris and Members of City Council July 19, 2004 Page 2 City Manager to execute a revised Memorandum of Understanding with the Department of Game and Inland Fisheries to allow the taking of deer over bait; such document to be approved as to form by the City Attorney. City Manager DLB:ba C: William M. Hackworth, City Attorney Mary F. Parker, City Clerk Jesse A. Hall, Director of Finance Rolanda Russell, Assistant City Manager A. L. Gaskins, Chief of Police CM04-0011 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 July 21, 2004 File #34-103-121-133 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 36791-071904 establishing compensation for the Clerk of Court, Commonwealth's Attorney, Commissioner of Revenue, City Sheriff, and City Treasurer, for the fiscal year beginning July 1, 2004, retroactive to 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, July 19, 2004, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Jesse A. Hall July 21, 2004 Page 2 pc: The Honorable Donald S. Caldwell, Commonwealth's Attorney The Honorable Brenda L. Hamilton, Clerk of Circuit Court The Honorable Sherman A. Holland, Commissioner of the Revenue The Honorable George M. McMillan, City Sheriff The Honorable Evelyn W. Powers, Treasurer Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Kenneth S. Cronin, Director, Human Resources Sherman M. Stovall, Director, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of July, 2004. No. 36791-071904. AN ORDINANCE establishing compensation for the Clerk of Court, Commonwealth's Attorney, Commissioner of Revenue, City Sheriff, and City Treasurer, the City's Constitutional Officers, for the fiscal year beginning July 1, 2004; 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. For the fiscal year beginning July 1, 2004, and ending June 30, 2005, the annual salaries of the Clerk of Court, Commonwealth's Attorney, Commissioner of Revenue, City Sheriff and City Treasurer, the City's Constitutional Officers, shall be their current salary increased by three percent (3.0%), unless modified by ordinance duly adopted by Council. 2. Any increase in compensation due under this ordinance shall be paid retroactively to July 1, 2004. 3. This ordinance shall remain in effect until amended or repealed by ordinance duly adopted by City Council. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~CNCit~k.~'(~~ JESSE A. HALL Director of Finance email: jesse_hall~ci.rozaoke.vn.us July 19, 2004 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 Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian J. Wishneff Council Member Dear Mayor Harris and Members of City Council: Subject: Pay Raises for Constitutional Officers Background: City Council adopted ordinance 36313-051203 on May 12, 2003, establishing salaries for the City's Constitutional Officers as of July 1, 2003. The Constitutional Officers include the Commonwealth's Attorney, Clerk of Circuit Court, Commissioner of the Revenue, Sheriff, and the Treasurer. The ordinance stated, in part "It is the intent of Council that, in future years, the Constitutional Officers will receive the average percentage increase approved by City Council for City employees." Raises for Constitutional Officers were inadvertently omitted from the annual pay plan ordinance adopted by City Council on May 13, 2004. Therefore, City Council action is needed at this time to formally adopt a pay raise effective July 1, 2004. In future years, Constitutional Officers' pay raises will be included in the annual pay plan ordinance. Recommendation: Adopt the accompanying ordinance increasing the annual salary of the City's Constitutional Officers by 3.0%, the average percentage increase approved by City Council for City employees, effective July 1, 2004. Respectfully submitted, Jesse A. Hall Director of Finance C: Honorable Donald Caldwell, Commonwealth's Attorney Honorable Brenda Hamilton, Clerk of Circuit Court Honorable Sherman Holland, Commissioner of the Revenue Honorable George McMillan, City Sheriff Honorable Evelyn Powers, City Treasurer Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Mary F. Parker, City Clerk Kenneth S. Cronin, Director of Human Resources Sherman M. Stovall, Director of Management and Budget CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk July 21, 2004 File #60-467 Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 36792-071904 appropriating funds for Crystal Springs Elementary School improvements, Learn and Serve program, and two grants, and amending and reordaining certain sections of the 2004-2005 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, July 19, 2004, and is in full force and effect upon its passage. Sincerely,/~x ~ ~. Mary F. Parker, CMC City Clerk MFP:ew Jesse A. Hall July 21, 2004 Page 2 pc: Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Office of Management and Budget Kathy G. Stockburger, Chair, Roanoke City School Board, 2506 Cornwallis Avenue, S. E., Roanoke, Virginia 24014 Cindy H. Lee, Clerk, Roanoke City School Board, P. O. Box 13145, Roanoke, Virginia 24031 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of July, 2004. No. 36792-071904. AN ORDINANCE to appropriate funding for Crystal Springs Elementary improvements, Learn and Serve program, and two grants, amending and reordaining certain sections of the 2004-2005 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 2004-2005 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 Teachers Compensation of Substitute Teachers Social Security Retirement - VRS Other Professional Services Maintenance Service Contracts Conventions Education Other Operation Supplies Addition - Machinery and Equipment Supplements Social Security Other Professional Services Maintenance Service Contracts Conventions Education Educational & Recreational Supplies Addition - Machinery and Equipment Compensation of Substitute Teachers Compensation of Councelors Compensation of Clerical Retirement - HIC VRS Social Security Retirement - VRS Health Insurance Maintenance Service Contracts Printing and Binding Services Conventions Education Educational & Recreational Supplies Revenues Federal Grant Receipts 030-061-6127-6000-0121 $ 20,000 030-061-6127-6000-0021 1,000 030-061-6127-6000-0201 1,484 030-061-6127-6000-0202 124 030-061-6127-6000-0313 36,000 030-061-8127-6000-0332 7,000 030-061-6127-6000-0554 3,000 030-061-6127-6000-0615 5,500 030-061-6127-6000-0821 7,892 030-061-6128-6000-0129 31,750 030-061-6128-6000-0201 2,430 030-061-6128-6000-0313 7,000 030-061-6128-6000-0332 7,000 030-061-6128-6000-0554 1,000 030-061-6128-6000-0614 22,100 030-061-6128-6000-0821 10,720 030-065-6872-6315-0021 100 030-065-6872-6315-0123 4,000 030-065-6872-6315~0151 8,000 030-065-6872-6315-0200 25 030-065-6872-6315-0201 926 030-065-6872-6315-0202 625 030-065-6872-6315-0204 550 030-065-6872-6315-0332 26,160 030-065-6872-6315-0351 450 030-065-6872-6315-0554 187 030-065-6872-6315-0614 255 030-061-6127-1102 82,000 Federal Grant Receipts Federal Grant Receipts School Capital Projects Fund Appropriations Appropriations From General Revenue Appropriations From General Revenue 030-061-6128-1102 82,000 030-065-6872-1102 41,278 031-065-6069-6896-9003 490,000 031-065-6999~896-9003 (490,O00) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. A-CrEST: City Clerk: ROANOKE CITY SCHOOLBOARD P. O. Box 13145 Roanoke, VA 24031 (540) 853-2381 3uly 19, 2004 The Honorable C. Nelson Harris, Mayor and Members of Roanoke City Council Roanoke, VA 240:11 Dear Members of Council: As the result of official School Board action at its meeting on 3uly 6, the Board respectfully requests City Council to approve the following appropriations: · $490,000.00 for a three-classroom addition with a covered walk and corridor extension at Crystal Spring Elementary School. The project will be funded from the Board's construction contingency fund. · $82,000.00 for the Comprehensive School Reform Title ]-F Grant program to provide for the replication of successful intervention programs from other school divisions at Huff Lane School. The program will provide staffing for a MicroSociety program which includes staff development and skills instruction for students. The continuing program is one hundred percent reimbursed by federal funds. · $82,000.00 for the Comprehensive School Reform Title I-F Grant program to provide for the replication of successful intervention programs from other school divisions at Oakland School. The program will provide staff development for teachers and math skills instruction for students. The continuing program is one hundred percent reimbursed by federal funds. · $41,278.00 for the Learn and Serve program to provide hands-on education and career development for students at William Fleming and Taylor Learning Academy. The new program is one hundred percent reimbursed by federal funds. Thank you for your approval of this request. Sincerely, re CC: Mrs. Kathy G. Stockburger Mrs. Doris N. Ennis Mr. Richard L. Kelley Mr. Kenneth F. Mundy Mrs. Darlene Burcham Mr. William M. Hackworth Mr. 3esse A. Hall Mr. Paul Workman (with accounting details) JESSE A. HALL Director of Finance eraail; jesse hall~cLroanoke.va.us July 19, 2004 CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Room 461 P.O. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-6142 ANN H. SHAWVER Deputy Director email: ann_sh awver ~ci roanoke.va.u$ The Honorable C. Nelson Harris, Mayor The Honorable Beverly T. Fitzpatrick, Jr., Vice-Mayor The Honorable M. Rupert Cutler, Council Member The Honorable Alfred T. Dowe, Jr., Council Member The Honorable Sherman P. Lea, Council Member The Honorable Brenda L. McDaniel, Council Member The Honorable Brian J. Wishneff, Council Member Dear Mayor Smith and Members of City Council: As the result of official School Board action at its meeting on July 6, the Board respectfully requests City Council to approve the following appropriations: · $490,000 for a three-classroom addition with a covered walk and corridor extension at Crystal Spring Elementary School. The project will be funded from the Board's construction contingency fund. · $82,000 for the Comprehensive School Reform Title I-F Grant program to provide for the replication of successful intervention programs from other school divisions at Huff Lane School. The program will provide staffing for a MicroSociety program which includes staff development and skills instruction for students. The continuing program is one hundred percent reimbursed by federal funds. · $82,000 for the Comprehensive School Reform Title I-F Grant program to provide for the replication of successful intervention programs from other school divisions at Oakland School. The program will provide staff development for teachers and math skills instruction for students. The continuing program is one hundred percent reimbursed by federal funds. · $41,278 for the Learn and Serve program to provide hands-on education and career development for students at William Fleming and Taylor Learning Academy. The new program is one hundred percent reimbursed by federal funds. Honorable Mayor and Members of City Council July 19, 2004 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, Jesse A. Hall Director of Finance Attachment JAH/ctg CZ Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Mary F. Parker, City Clerk Doris N. Ennis, Acting Superintendent of City Schools CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk July 21, 2004 File #24-60-110 Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. 13urcham: I am attaching copy of Ordinance No. 36793-071904 amending the Code of the City of Roanoke (1979), as amended, to eliminate the Budget and Planning Committee. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 19, 2004, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Darlene L. Burcham July 21, 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 HonorableJacqueline 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 Sherman M. Stovall, Director, Office of Management and Budget 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of July, 2004. No. 36793-071904. AN ORDINANCE amending Chapter 2, Administration, Article XIV, Boards, authorities, commissions and committees, Division 2, Permanent committees, of the Code of the City of Roanoke (1979), as amended, by repealing §2-299, Budget and planning committee, in order to eliminate this committee created b~) and composed of the seven members of City Council; and dispensing with the second reading by title paragraph of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 2-299, Budget and planning committee, of Chapter 2, Administration, Article XIV, Boards, authorities, commissions and committees, Division 2, Permanent committees, of the Code of the City of Roanoke (1979), as amended, be and is hereby repealed: 2. Pursuant to Chapter 12 of the Roanoke City Charter, the second reading by title paragraph is hereby dispensed with. City Clerk. H:~aMEASURES~o-amtorepea12-299bud getandplanningcommitlee.doc CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk July 21, 2004 File #24-110-192 Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 36794-071904 amending the Code of the City of Roanoke (1979), as amended, to eliminate requirement of a Council member liaison to the Roanoke Civic Center Commission. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 19, 2004, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Darlene L. Burcham July 21, 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 HonorableJacqueline 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 Wilhemina W. Boyd, Secretary, Roanoke Civic Center Commission IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of July, 2004. No. 36794-071904. AN ORDINANCE amending Chapter 24, Public buildings and property generally, Article II, Civic Center, Division 2, Civic Center Commission, of the Code of the City of Roanoke (1979), as amended, by repealing section 24-45.1, Council member liaison, in order to eliminate the requirement of a Council member liaison; 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 24-45.1, Council member liaison, of Chapter 24, Public buildings and ro crt enerall , Article II, Civic Center, Division 2, Civic Center Commission, of the Code of the City of Roanoke (1979), as amen&d, be and is hereby repealed: H 30 RD llq AN CES~O-CA-CivicCtxLiaison.doc 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. H:~)RD INANC ES\O-CA-CivicCtrLiaison .doc CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk July 28, 2004 File #67 Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke which was held on Monday, July :19, 2004, Council Member Dowe requested that the matter of installing air conditioning in the gymnasium at Eureka Park Recreation Center be referred to the City Manager for report to Council. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew pc: Steven C. Buschor, Director, Parks and Recreation CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC Stephanie M. Moon, CMC City Clerk Deputy City Clerk Sheila N. Hartman Assistant City Clerk July 27, 2004 File #53-:[37 The Honorable Beverly T. Fitzpatrick, Jr., Chair Legislative Committee 10 27'h Street, S. E. Roanoke, Virginia 24014 Dear Vice-Mayor Fitzpatrick: At a regular meeting of the Council of the City of Roanoke which was held on Monday, July :[9, 2004, a letter from the City Attorney under date of July 2, 2004, with regard to Advisory Referenda was referred to the Council's Legislative Committee for consideration prior to October :[1, 2004, when the matter will be considered by the Senate Local Government Committee. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment pc: William M. Hackworth, City Attorney Thomas A. Dick, Legislative Liaison, :[108 East Main Street, Suite 904, Richmond, Virginia 232:[9 WILLIAM M. HACKWORTH CITY ATtORNEy CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDiNG 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 540-853 2431 FAX: 540 853 1221 EMAIL: cityatty@ci roanoke.va.us July 2, 2004 TIMOTHy R. SPENCER STEVEN J. TALEVI GARY E. TEGENKAMP DAVID L. COLLINS HEATHER p. FERGUSON ASS IS TANT CITY AIWOR NEYS The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Advisory Referenda Dear Mayor Harris and Members of Council: As you may recall, last fall Council included in its Legislative Program a request that the General Assembly study the laws currently in place permitting various types of advisory referenda in some Virginia localities, and consider adopting legislation permitting all localities to hold advisory referenda if the local governing body determined that it would be useful to conduct such referenda. No legislation was adopted to authorize such a study. Instead, Senator Edwards introduced SB133 (copy attached), which would have~,amended the Charter of the City of Roanoke to permit advisory referenda, both initiated by Council "on any proposed question or group of questions relating to the affairs of the City", or initiated by a petition signed by a number of voters equal to ten percent of the number of the largest number of votes cast in any general or primary election held in the City during the preceding five years. SB 133 was continued to the 2005 Session. We have received notice that it will be considered by the Senate Local Government Committee on October 11. CounciLman Cutler has inquired of Council as to what /ts position on this bill should be, so I am sending you the enclosed by way of background information. I have enclosed for your information a copy of an October 10, 2003, letter that I prepared for the Legislative Committee on the issue of advisory referenda. I found nine localities that had charter provisions permitting one form or another of advisory referenda. I have also attached a copy of a September 16, 2003, letter from Jeffrey Gore, Staff Attorney for Legislative Services, to Senator Edwards discussing the provisions of the charters of the four localities which he found authorized advisory referenda (I received a copy of this letter in January, 2004). Mr. Gore found one charter provision in Alexandria, that I had not. It provides as follows: "§3.13. Submission of Ordinances or Issues to the Qualified Voters of the City. - The Council shall have authority to submit by resolution directed to the corporation court of the City of Alexandria or the judge H:\COUNClL\l-hmadvisoryreferendalegislation.doc The Honorable Mayor and Members of City Council July 2, 2004 Page 2 thereof in vacation, any proposed ordinance, question or issue to the qualified voters of the city for an advisory referendum thereon. Upon the receipt of such resolution, the corporation court of the City of Alexandria or the judge thereof in vacation shall order an election to be held thereon not less than thirty nor more than sixty days after the receipt of such resolution. The election shall be conducted and the result thereof ascertained and determined in the manner provided by the general law of the Commonwealth for the conduct of referendum elections and by the regular election officials of the city." SB 133 is broad, in that it would permit both Council and citizen-initiated advisory referenda, it has a 10% threshold for citizen-initiated referenda, and the referenda could be on any "question or group of questions relating to the affairs of the City." Consequently, this could result in frequent advisory referenda, the cost of which would be borne by the City. According to the City Registrar, the current cost of a local election is $27,000. Please let me know if you have any questions about this issue. With kindest personal regards, I am Sincerely yours, WMH:f Enclosures cc: Darlene L. Burcham, City Manager Thomas A. Dick, Legislative Liaison William M. Hackworth City Attorney H:\COUNClL\l-hmadvisoryreferendalegislation.doc Bill Tracking - 2004 session Page 1 of 1 043117728 summary I SENATE BILL NO. 133 Offered January 14, 2004 Prefiled January 8, 2004 A BILL to amend Chapter 216 of the Acts of Assembly of 1952, which provided a charter for the City of Roanoke, by adding a section numbered 19.1, relating to advisory referenda. Patrons-- Edwards; Delegates: Fralin and Ware, O. Referred to Committee on Local Government Be it enacted by the General Assembly of Virginia: 1. That Chapter 216 of the Acts of Assembly of 1952 {s amended by adding a section numbered 19.1 as follows: 19.1. Advisory referenda. The council shall have authority to order, by resolution directed to the Circuit Court of the City of Roanoke, the submission to the qualified voters of the city for an advisory referendum on any proposed question or group of questions relating to the affairs of the city. Upon receipt of such resolution, the Court shall order an election to be held not less than thirty days nor more than sixty days after the receipt of such resolution. The election shall be conducted and the result thereof asCertained and determined in the manner provided by general law of the Commonwealth for the conduct of referendum elections, and by the regular election officials of the city. Following certification of the election results by the Electoral Board to the Circuit Court, the Court shall enter an order proclaiming the results of the election, and shall transmit a duly certified copy of the order to the council. Ifa petition requesting the submission of a question or group of questions relating to the affairs of the city, set forth in such petition, signed by qualified voters equal in number to ten percent of the largest number of votes cast in any general or primary election held in the city during the five years immediately preceding, each signature to which has been witnessed by a person whose affidavit to that effect is attached to the petition, is filed with the clerk of the Circuit Court of the City of Roanoke, he shall forthwith certify that fact to the Court. Upon certification the Court shall order an election to be held not less than thirty days nor more than sixty days after the receipt of such resolution, in which such proposed question or questions shall be submitted as a resolution to the qualified voters of the city for their approval or disapproval. Such election shall be conducted and the result thereof ascertained and determined in the manner provided by general law of the Commonwealth for the conduct of referendum elections, and by the~ regular election officials of the city. Ifa majority of those voting approve the proposed referendum, then the clerk of the Court shall communicate such result to the council for its consideration as an advisory resolution. If the resolution pertains to a charter amendment, then the clerk of the Court shall also communicate such result to the two houses of the General Assembly and to the representatives of the city therein with the same effect as if the council had adopted a resolution requesting the General Assembly to adopt the amendment. Legislative Information Syste~ http://legl .state.va.us/cgi-bin/legp504.exe?041 +ful+SB 133 1/28/2004 WILLIAM M. HACK3VORTH CITY ATTOKNEy CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDrNG 21 $ CHURCH AVENUE, S W ROANOKE, VIRGYNIA 24011-1 $95 TELEPHONE: 540-853-243 I FAX: 540-853-1221 EMAIL: cityatiy{~ci roanoke va us ELIZABETH K. DILLON STEVEN J. TALEV1 GARY E. TEGENKAMp DAVID L. COLLINS HEATHER p. FERGUSON ASSISTANT CITY ATTO PG~E yS October 1 O, 2003 The Honorable William D. Bestpitch, Chairman and Members, Legislative Committee Roanoke, Virginia Re: 2004 Legislative Program Dear Mr. Bestpitch and Members of the Legislative Committee: This is to follow up on the Committee's request for further information on Judge Coulter's suggestion that the City seek a charter amendment to enable advisory referenda to be conducted in the City. As best as I can determine (there is no list of cities which have this authority), nine cities have been authorized by charter to conduct some type of advisory referenda, and the charter provisions vary greatly. Initially, I should note that there are two different processes for in/tiating charter amendments. Pursuant to § 15.2-201, Code of Virginia, Council could call for a referendum on whether it should request that the General Assembly amend the charter. (It is too late to do that this year). The second, more usual, way to initiate a charter amendment is pursuant to §15.2- 202, Code of Virginia, by which Council can schedule a public heating on a proposed charter amendment, and thereafter act to request the General Assembly to amend the charter. Charter bills must be introduced no later that the first day of any Session of the General Assembly. See §30-19. I, Code of Virg/nia. As I mentioned, there are a variety of types of advisory referenda authorized by charter in Virginia. Salem and the City of Fairfax have identical provisions permitting their councils to call for advisory referenda on "any question or group of questions relating to the affairs of the city." Section 3.8 of the Fairfax Charter, and 3.5 of the Salem Charter, provide: The city council, by majority vote of the entire council, may submit to the qualified voters of the city for advisory purposes, any question or group of questions relating to the affairs of the city. Any such advisory referendum shall be conducted in The Honorable Chair and Members Legislative Committee October 10, 2003 2 the manner provided for bond elections, but the results thereof shall not be binding upon the city council. There shall be no right of appeal from a recount of the results of an advisory referenda. The City of Chesapeake's charter provides for an advisory referendum on "affairs of the city government" upon the filing of a petition signed by a number of voters equal to 25% of the number of voters who voted in the last presidential election. See Attachment 1. Virginia Beach has a somewhat similar provision, except that the 25% number is based on the number of voters voting in the last general election in the city, and there does not appear to be any limit on the subject of the referendum. See Attachment 2. The City Council of the City of Newport News is authorized to adopt resolutions calling for an advisory referendum on any proposed ordinance. Section 4.11 of that city's charter provides: The council shall have authority to request by resolution directed to the court of record the submission to the qualified voters of the city of an advisory referendum on any proposed ordinance. Upon receipt of such resolution, the court of record, or the judge thereof in vacation, shall order an election to be held at a regular or special election as provided by the order of the court. The election shall be conducted and the result thereof ascertained and determined in the mariner provided by law for the conduct of such elections and by regular election officials of the city. Section 4.12 of the City of Colonial Heights's charter authorizes that city's council, by resolution, to authorize a referendum on any proposed ordinance, or amendment to the city charter (all cities are authorized by general law to do the latter). This section provides: The council shall have authority, by resolution, to submit to the qualified voters of the city for an advisory referendum thereon, any proposed ordinance or amendment to the city charter. The City of Falls Church has a provision similar to that of Colonial Heights, but it also permits citizens to petition for charter amendments. See Attachment 3. The charters of the cities of Charlottesville (see Attachment 4) and Richmond (see Attachment 5) are very similar to that of Falls Church. At least four cities have charter provisions for binding referenda to repeal er amend an ordinance that has been adopted by their city councils. This can be done in Hampton upon the filing of a petition signed by a number of voters equal to 25% of those who voted in the last council election (4,000 minimum). See Attachment 6. There are some limits on the types of ordinances which are subject to this type referenda; revenue measures, for example, are not H:kLEGIS\Megcomadvisoryreferenda. 1 .doc The Honorable Chair and Members Legislative Committee October 10, 2003 3 subject to referendum. Norfolk has a very similar charter provision (see Attachment 7), as does Lynchburg, where 15% of the registered voters must sign the petition for a referendum (See Attachment 8), and Portsmouth, where 30% of the voters voting for governor in the last election must sign the petition (see Attachment 9). I hope that this responds to the Committee's request for background information on the subject of advisory referenda. If you have questions about this subject, please let me know. With kindest personal regards, I am Sincerely yours, William M. Hackworth City Attorney Enclosures Cc: Darlene L. Burcham, City Manager Thomas A. Dick, Legislative Liaison H:kLEGIS\Megcomadvisoryreferenda. 1 .doc LivePublish Pagelofl CHESAPEAKE Sec. 3.10. Advisory referenda. Upon the filing with the clerk of the circuit court of the city of a petition signed by a number of qualified voters in the city equaling twenty-five (25) percent of the number of voters voting in the city at the last presidential election, as certified by the city registrar; then the circuit court of the city, by order of record, shall call for an advisory referendum taking the sense of the voters on the question proposed in the petition at the next succeeding general election. The proposed question shall pertain to the affairs of city government. The question shall not pertain to taxation or the incurrence of debt. The referendum shall be initiated and conducted in accordance with the provisions of Code of Virginia 1950, §§ 24.2-684 and 24.2-684.1, as amended, except that the petition shall be circulated, completed and filed within four (4) months of the date the clerk of the circuit court certifies receipt and acceptance of the unsigned petition copy, and shall further be circulated, completed and filed at least eighty (80) days prior to the next succeeding general election. Failure to submit the required number of valid signatures within these time periods shall invalidate the petition in its entirety. Following certification of the election results by the electoral board to the chief judge, the court shall enter an order proclaiming the results of such election and a duly certified copy of such order shall be transmitted to the governing body. (1997 Acts, Ch. 312, § 1, 1999 Acts, Ch. 265, § 1) ATT~C~ENT 1 http://livepublish.m_unicode.con~ 19/ipext.dll/Infobase9/1/4f/ad/d7 ?f=templates&fn=altmair... 10/8/2003 · LivePublish Page 1 of 1 VIRGINI~ BEACH Sec. 3.09. Advisory referendums. Upon the filing with the clerk of the circuit court of the City of Virginia Eleach of a petition signed by a number of qualified voters in Virginia Beach equaling twenty-five per centum of the number of voters voting in Virginia Beach at the last general election, as cer[ified by the city registrar; then the circuit court of the city, by order of record, shall call for an advisory referendum taking the sense of the voters on the question proposed in the petition at the next succeeding general election. The referendum shall be conducted in accordance with the provisions of § 24.1-165 of the code of Virginia, 1950, as amended. Folrowing certification of the election results by the electoral board to the chief judge, the court shall enter an order proclaiming the results of such election and a duly certified copy of such order shall be transmitted to the governing body. (Acts 1974, Ch. 39; Acts 1981, Ch.88, § 1) ATTACHMENT 2 http://~ivepub~ish~munic~de~c~m/~9/~pext.d~/~nf~base4~/~/3e/c5/f~?f~temp~ates&~=a~tma~... 10/8/2003 LivePublish Page 1 of 1 FALLS CHURCH Sec. 4.12. Submission of propositions to the qualified voters of the The council shall have authority, by resolution, to submit to the qualified voters of the city for an advisory referendum thereon any proposed ordinance or amendment to the city charter, not less than thirty (30) nor more than sixty (60) days after the passage of such resolution. The ejection shall be conducled and the result thereof ascertained and determined in the manner provided by section 24-141 of the Code of Virginia. If a petition requesting the submission of an amendment to this Charter, set forth in such petition, signed by qualified voters equal in number to ten (10) percent of the largest number of votes cast in any general or primary election held in the city during the five (5) years immediately preceding and verified as hereinafter provided, is filed with the city clerk he shall forthwith certify that fact to the council. The signatures to such petition shall be witnessed by a person whose affidavit to that effect is attached thereto. Upon the certification of such petition the council shall order an election to be held not less than thirty nor more than sixty (60) days after such certification, in which such proposed amendment shall be submitted to the qualified voters of the city for their approval or disapproval. Such election shall be conducted and the results thereof ascertained and determined in the manner provided by law for the conduct of general elections and by the regular election officials of the city. If a majority of those voting thereon at such election approve the proposed amendment, such results shall be communicated by the cily clerk to the two houses of the General Assembly and to the representatives of the city therein with the same effect as if the council had adopted a resolution requesting the General Assembly to adopt the amendment. (1960 Acts, Ch. 429) Editor's note: Code of Va., § 24-141 was repealed by 1970 Acts, Ch. 462. See now Code of Va., § 24-165. ATTACltMENT 3 http://~ivepub~ish.munic~de.c~nd2~/~pext.d~~/In£~base~9/~~22/~6b/~9~?f=temp~ates&fn=a~L. 10/8/2003 LivePublish Page 1 of 1 CtL~RLOTTESVILLE Sec. 5.1. Advisory referendum on ordinances or Charter amendments. The council shall have authority to order, by resolution directed to the corporation [circuitJ court of the city or the judge thereof in vacation, the submission to the qualified voters of the city for an advisory referendum thereon any proposed ordinance or amendment to the City Charier. Upon the receipt of such resolution, the corporation [circuit] court of the city or the judge thereof in vacation shall order an election to be held thereon not less than thirty nor more than sixty days after the receipt of such resolution. The election shall be conducted and the result thereof ascedained and determined in the manner provided by law for the conduct of general elections and by the regular election officials of the city. If a petition requesting the submission of an amendment to this Charter, set forth in such petition, signed by qualified voters equal in number to ten per centum of the largest number of votes cast in any general or primary election held in the city during the five years immediately preceding, each signature to which has been witnessed by a person whose affidavit to that effect is attached to the petition, is filed with the clerk of the corporation [circuit] court of the city, he shall forthwith certify that fact to the court or judge thereof in vacation. Upon the certification of such petition the corporation [circuit] court of the city or the judge thereof in vacation, shall order an election to be held not less than thirty nor more than sixty days after such certification, in which such proposed amendment shall be submitted to the qualified voters of the city for their approval or disapproval. Such election shall be conducted and the result thereof ascertained and determined in the manner provided by law for the conduct of general elections and by the regular election officials of the city. If a majority of those voting thereon at such election approved the proposed amendment such result shall be communicated by the clerk of the corporation [circuit] court of the city to the two houses of the General Assembly and to the representatives of the city therein with the same effect as if the council had adopted a resolution requesting the General Assembly to adopt the amendment. Nothing contained in this section shall be construed as affecting the provisions of section 1 4-a of this Charter. (Acts 1960, Ch. 327; Acts 1962, Ch. 332) Effect of amendments--The 1960 Act added this section. The 1962 ATTAC~F~NT 4 http://livepublish.municode.conff 19/lpext.dll/Infobase8/l/3 e/9b?f=templates&fn=altmain_n:... 10/8/2003 LivePublish Page 1 of 1 Ri Cl~iO~4q) Sec. 3.06.1. Submission of proposition to voters. The Council shall have authority to order, by resolution directed to the Circuit Court of the City of Richmond, the submission to the qualified voters of the City for an advisory referendum thereon, any proposed ordinance or amendment to the City Charter. Upon the receipt of such resolution, the Circuit Court of the City of Richmond shall order an election to be held in accordance with the applicable provisions of Article 5 (§ 24.2-681 et seq.) of Chapter 6 of Title 24.2 of the Code of Virginia. Following certification of the election results by the Electoral Board to the Circuit Court, the court shall enter an order proclaiming the results of the election, and a duly certified copy of the order shall be transmitted to the Council, which may take such further action as it may deem advisable and in the best interests of the City. If a petition requesting the submission of an amendment to this Charter, set forth in such petition, signed by qualified voters equal in number to ten percent or more of the largest number of votes cast in any general or primary election held in the City during the five years immediately preceding, is filed with the Clerk of the Circuit Court of the City of Richmond, he/she shall forthwith certify that fact to the Court. The process and requirements for voter petitions established under state law shall be applicable to voter petitions provided for under this section, except to the extent of any conflict with requirements set forth in this Charter. Upon the certification of such petition, the Circuit Court of the City of Richmond shall determine that the proposed Charter amendment pertains only to the structure or administration of the City government. When such determination has been made, the court shall order an election to be held in accordance with the applicable provisions of Article 5 (§§ 24.2-681 et seq.) of Chapter 6 of Title 24.2' of the Code of Virginia, in which such proposed amendment shall be submitted to the qualified voters of the City for their approval or disapproval. If a majority of those voting thereon at such election approve the proposed amendment, such result shall be communicated by the Clerk of the Circuit Coud of the City of Richmond to the representatives of the City in the General Assembly with the same effect as if the Council had adopted a resolution requesting the General Assembly to adopt the amendment. (Acts 1998, Ch. 711 ) ~T?AC]~MENT 5 http://~ivepub~ish~munic~de~c~m/~9/~pext~d~~/~nf~base34/~/26/~44/~5~?f=temp~ates&fn=a~t:... 10/8/2003 LivePublish Page 1 of 1 Sec. 3A-10. Petition for referendum. HA~[PTON If at any time within a thhly-day period following the adoption of an ordinance, a petition, signed by electors equal in number to twenty-five percent of the number of electors who cast their votes at the last preceding regular councilmanic election, but in no case signed by less than four thousand electors of the city, be filed with the clerk to the council, requesting that any such ordinance be repealed, or amended, as stated in the petition, such ordinance shall not become operative until the steps indicated herein shall have been taken or the time allowed for taking such steps shall have elapsed without action. Such petition shall state therein the names and addresses of at least five electors, who shall be officially regarded as filing the petition, and who shall constitute a committee of petitioners for the purposes hereinafter stated. Referendum petitions shall contain the text of the ordinance or ordinances, the amendment or repeal of which is sought, and shall contain the proposed amendment, if an amendment is demanded. (Acts 1981, Ch. 366, § 1) Sec. 3A-11. Procedures. The clerk to the council shall present the petition to the council at its next regular meeting, and thereupon the council shall consider the ordinance. If, within sixty days after filing of such petition, the ordinance is not repealed or amended as requested in such petition, the clerk to the council shall, if so requested by a writing signed by a majority of the committee and presented to the clerk to the council within twenty days after the expiration of sixty days, present to the clerk of the circuit court of the city, the petition and all copies thereof as one instrument together with a copy of the ordinance the repeal or amendment of which is sought. The clerk of the circuit court of the city shall examine the petition and ascertain and certify thereon whether the persons whose names are signed thereto are electors of the city, equal in number to twenty-five percent of the number of electors who cast their votes at the last preceding regular councilmanic election; provided, however, the clerk of the circuit court shall have the general registrar to certify which names on a petition are electors before certifying any petition himself. The general registrar and the clerk of the circuit court shall make their certifications within fifteen days of the date of filing. If such signatures do amount to such percentage, the committee shall present the petition to the circuit court of the city, and thereupon the said court shall forthwith enter an order calling and fixing a date for holding an election for the purpose of submitting the ordinance to the electors of the city. Thereupon the ordinance shall ipso facto be further suspended from going into effect until such election shall have been held and shall then be deemed repealed or amended upon the approval by a majority of those voting thereon. Any such election shall be held in accordance with § 24.1-165 of the Code of Virginia. At least ten days before any such election the clerk of the court shall cause the ordinance to be published once in one or more newspapers of general circulation in the city. The ballots used when voting upon such ordinance shall conform in all respects to the ballots required for an initiative election under § 3A-8 hereof, and the method of voting in any such election shall be as prescribed in said section. If in any such election the ordinance so referred or submitted be approved by a majority of the electors voting thereon, the said ordinance shall, upon the ascertainment and certification of the results of such election as in other special elections, go into effect as an ordinance of the city. (Acts 1981, Ch. 366, § 1) ATTACHIIENT 6 http://~ivepub~ish~munic~de.c~m~~9/~pext.d~~/~nf~base~7/~/3~/e6/~~b/~~c?f=temp~ates&fn=... 10/7/2003 · LivePublish Page 1 of 1 NORFOLK Sec. 35. Petition for referendum. If at any time within a thirty-day period following the adoption of an ordinance a petition, signed by qualified voters equal in number to twenty-five percent of the number of electors who cast their votes at the last preceding regular municipal election for the election of councilmen, but in no case signed by less than four thousand qualified voters of the city, be filed with the city clerk, requesting that any such ordinance be repealed, or amended, as stated in the petition, such ordinance shall not become operative until the steps indicated herein shall have been taken or the time allowed for taking any such step shall have elapsed without action. Such petition shall state therein the names and addresses of at least five electors, who shall constitute a committee to represent the petitioners, who shall be officially regarded as filing the petition, and shall constitute a committee of the petitioners for the purposes hereinafter stated. Referendum petitions need not contain the text of the ordinance or ordinances, the amendment or repeal of which is sought, but shall contain the proposed amendment, if an amendment is demanded. (Acts 1956, Ch. 339; Acts 1972, Ch. 706, § 1) ATTACH~tENT 7 http://~ivepub~ish.munic~de`c~m/~9/~pext.d~/~nf~base28/~/4~/~b9/~ba?f=temp~ates&fn=a~b... 10/7/2003 LYNC]tBURG REFF~END UM ~ 19.5. Petition /or referendum. Sub/ect to the exceptions set out hereinafter in ff 19.8. if at any time within a thirty&ay period following the adoptio~ of an ordinance, a petition, signed by voters equal in number to fifteen percent of the number of voters duly registered, on January I of the year of the petition, be filed with the clerk of the council, requesting that any such ordinance be repealed or amended as stated in the petition, such ordinance shall not become operative until the ~teps indicated herein shall have been taken or the time allotted for taking such steps shall have elapsed without action. Such petition shall state therein the names and addresses of at least five registered voters, who shah be officially regarded as fi?lng the petition, and who shall constitute a committee of petitioners/or the purposes hereinafter stated. Referendum petitions shall contain the text o/ the ordinance or ordinances, the amendment or repeal of which is sought, and shall contain the proposed amendment, if an amendment is demanded. ff 19.6. Procedures. The clerk of the council shall present the petition to the council at its next regular ~teeting, and thereupon the council shall consider the ordinance. If, within sixty days after the filing of such petition, the ordinance is not repealed or amended as requested in such petition, the clerk of the council, if so requested by a writing signed by a ma/orlty of the committee and presented to the clerk of the council within twenty days after the ex~piratlen of sixty days, shall present to the clerk of the circiut COurt of the city, the petition and all copies thereof as one instrument, together with a copy of the ordinance, the repeal or amendment of which is sought. The clerk of the circuit court of the city shall examine the petition and ascertain and certify thereon whether the persons whose names are signed thereto are registered voters of the city, equal in number to ~fteen percent of the number of voters duly reg~tered as of January I of the year of the petition; provided, hoverer, the clerk of the circuit court ~hall have the general registrar certify which names on the petition are registered voters before certifying any petition himself. The general registrar and the clerk of the circuit court shah make their certi~cations within fifteen days of the date of filing. I/ such signatures do amount to such percentage, the committee shall pre~nt the petition to the circuit court of the city, and thereupon the court shall forthwith enter an order calling and fixing a date /or holding an election /or the purpose of st~mitting the ordinance to the Voters of the city. Thereupon the ordinance shall ipso facto be fi~rther st~pended /rom going into effect until the election shall have been hem and shall then be deemed repealed or amended upon the approval by a ma/o~ty of those Voting thereon. ~.ny such election shall be held in accordance with 3~ 24.1-1~5 of the Code of Virginia. At least ten days be/ore any such election, the clerk of the court shall cause the ordiI~ance to ~ published once in one or more newspapers of general circulation in the city. The bellots t~ed when voting upon such ordinance shall conform in al~ respects to the Mlet~ required for an initiati~ election under ~ 19.3 hereof, and the method of voting in any such election sl~all be a~ prescribed in that section~ I/ in any such election the ordinance so re/erred or submitted be approved by a · rna/o~ty of the Voters voting thereon, the ordinance shall, upon the ascertainment and aerti~'cation of the results of such election as in other special elections, go into effect as an*' ordinance of the city. ATTACHMENT 8 LivePublish Page 1 of 1 ioOR'£S/,iOUTH Sec. 10.02. Petition for referendum. (a) At any time within thir[y (30) days following the adoption of an ordinance, except an emergency ordinance, a petition signed by electors equal in number to at least thirty (30) per centum of the electors voting for governor in the last preceding gubernatorial election protesting against the enactment of such ordinance and requesting its repeal, may be presented to the council. Such petition need not contain the text of the ordinance sought to be repealed, but it shall be sufficient to refer to it by ordinance number or code section number. (b) The petition shall be substantially in the following form: To the Council of the City of Portsmouth, Virginia: We, the undersigned, qualified electors of this city, respectfully petition your honorable body to repeal the following ordinance: TABLE INSET: ISignature of Erector ~treel Address Date Signed (c) The execution of the petition by an elector shall be acknowledged by him, or it may be proved by the oath of a witness who shall swear that he knows the elector and that the petition was signed by the elector in the presence of the witness. The separate sheets, each sheet containing at the top thereof the petition as set forth above, and when bound together and offered for filing, shall be deemed to constitute one petition. (Acts 1972, Ch. 260, § 1) http://livepublish.municode.com/19/Ipext.dll/lnfobase31/1/43/129/133 ?f=templates &fn=alt 10/7/2003 COMMONWEALTH OF VIRGINIA DIVISION OF LEGISLATIVE SERVICES September 16, 2003 The Honorable Jotm S. Edwards M0mber, Senate of Virginia P.O. Box 1179 Roanoke, VA 24006-1179 ~: Vi~ow Stem; advi~ ref~enda Dea~ Senator Edwards: In our conversation last week you requested informa6on regarding Virginia localities' curt=ut artthority to initiate ret'er~l~a- I~ particular, you wanlcd to know i/there is any provision in Virginia law tha~ applies, to the current situation in the City of Roanoke ~garding city council's decision ~o move forward with armw sxadium construction ln'oje~ in lleu of rerso~tating Victory Stadium, despite signi~can! citizen opposition. If not, the~ you asked if there is potential for leg/slation that would provide a remedy fog Roanoke citizens wishing to bring ~hi_~ issue before the voters ar large. Virginia localities have the authority to phc= a referendum issu~ on a ballot only if specifically authorized by slahlt¢ or charter, ~'irginia Code ~ 25.2-68d. Looking fiat to R,oanoke's charter, the only provision I have found providing for an "alTarmatlv¢ vote of the majorky of qualified v~ers," relates to the issuance of general obligation bonds. Roanoke Charter ~ 47(b). According to our convexsa6an, the city already has su.ffi¢ienl funds for either project, so this pwvis/on does not apply. Thare are variou~ s~atutes granling local authority To twld referenda in certain ~ituatiorls. (~..li e.g. ~ 15.2-$401 regardin~ counties and voluntar2 settlemem agr~ament~, ~ 1~.2-$801 re£ardl,g peIition for city stat~, ~ 15.2-5451.6 regarding IZirginia I'girele$$ Service Authority ~4et, ~ 15.2.$0~ regardit~g at-large election o,f county ~hairma~.) How~ve, r, I have found no stat~ory authority specific ~o this type of issue. Virginia law provides for advisory refcranda ox "deciara~ions of public interests" in Sl~=ci/i¢ zirc,,m~tances. ~ge e.g- ~ $.1o684,2 r~gardir~ aoybeon asxessmants, ~ 3.2-79d. 02 r~gardin~ turkeys and chicken broliar$ axsesxrnents. ~ $.1,d67 re~arding ~weet ~voraroes, ~C ~8.2- 450~ regardin~ HMO$). However, there is no general statutory authority for localixies hold advisory ref~anda, and I have follrld no specific advisory r~fcrenda sraillte al~plicable to this issue. Senator lohn S. Edwards S~p~emb~ 16, 2003 ?aBe 2 At least foUr c, ities, Virginia Beach, Richn~ond, Charlo~svillc a~l Alexandria have provisions for advisory referenda ia their chartors. (Se~ relevant chartsr sections enclosed) The char~s of thcs= fkst threc all provide for both city council and voter petition initia~ed advisory referenda, while Alexandria's charter only provides for advisory zeferenda initiated by city council. The purpose of these adViSOry ~eferenda is to get file general selllime, llls of the ¢itizeals on any proposed ordinaac,, question or issue. Unlike a bond referendum, they do not necessarily result in enforceable ordinances or actions. ~s you lmow, any charter amendment must be approved by the Genczal Assembly in order to become e, tzfective. The Richmond and Gharlo~tesville charters, howevr, r, provide that voter approval of a citizen-inilia~ed re£cmndum has The 'same effect as if th~ council had adopted a t~soinfion requesting the General Assembly to adopl the [chaltm'] arrlevdmenL# City of ~ichmond Chart~r ~ $.06.1, ~AarIottesville Charter ~ $.1. I have come across one s~ate, Illinois, which amually provides localities in statute with the authority to conduct advisory referznda. § 10 ILCS $/28-6 (en¢lo~ed¢. In mary, I do not believe fl~at the City of Roanoke currently has the authorii7 ~o conduct referenda elections (advisory or othcrwls¢), except with regard to the issuance of bonds. Accordingly, a charlg¢ either to slamle or the city charier is necessazy to lo~ovida the city council and the citizens with the ability lo hold advisory referenda. Please r~view th~ enclosed documents and l*r me lmow how you would lil~ to proceed in this matter. Staff ~ttorney ,~nclosI.tre$ MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 I-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us July 27, 2004 File #15-110-242 STEPHANIE M. MOON Dcputy City Clcrk SHEILA N. HARTMAN Assistant City Clerk A. L. Gaskins Chief of Police Roanoke, Virginia Dear Mr. Gaskins: At a regular meeting of the Council of the City of Roanoke which was held on Monday, July 19, 2004, you were reappointed as a member of the Court Community Corrections Program Regional Community Criminal Justice Board, for a term ending June 30, 2007. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am also enclosing copy of the Virginia Freedom of Information Act. A. L. Gaskins July 27, 2004 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue your service to the City of Roanoke as a member of the Court Community Corrections Program Regional Community Criminal Justice Board. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosures pc: James T. Phipps, Director of Court and Community Corrections, 516 E. Main Street, Salem, Virginia 24153 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 nineteenth day of July, 2004, A. L. GASKINS was reappointed as a member of the Court Community Corrections Program Regional Community Criminal Justice Board, for a term ending June 30, 2007. Given under my hand and the Seal of the City of Roanoke this twenty-seventh day of July, 2004. City Clerk MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Roorc 456 Roanoke, Virginia 24011-1536 Telephone: {540) 853-2541 Fax: (540) 853-1145 E-mail: ¢lcrk(~ci.roanok¢.va. us July 27, 2004 File #15-110-242 STEPHANIE M. MOON Deputy City Clcrk SHEII~ N. HARTMAN Assistant City Clcrk The Honorable George A. McMillan Sheriff Roanoke, Virginia Dear Mr. McMillan: At a regular meeting of the Council of the City of Roanoke which was held on Monday, July 19, 2004, you were reappointed as a member of the Court Community Corrections Program Regional Community Criminal Justice Board, for a term ending June 30, 2007. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2-3702, Code of Virginia (i950), as amended, I am also enclosing copy of the Virginia Freedom of Information Act. George A. McMillan July 27, 2004 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue your service to the City of Roanoke as a member of the Court Community Corrections Program Regional Community Criminal Justice Board. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosures pcz James T. Phipps, Director of Court and Community Corrections, 516 E. Main Street, Salem, Virginia 24153 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 nineteenth day of July, 2004, GEORGE A. MCMILLAN was reappointed as a member of the Court Community Corrections Program Regional Community Criminal Justice Board, for a term ending June 30, 2007. Given under my hand and the Seal of the City of Roanoke this twenty-seventh day of July, 2004. City Clerk MARY F. PARKER, CMC City Clcrk CITY OF ROANOKI OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: ¢lerk<~ci.roanoke.v a.us July 27, 2004 File #15-110-242 STEPHAN1E M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Mr. William H. Cleaveland 98 Highfield Lane Roanoke, Virginia 24019 Dear Mr. Cleaveland: At a regular meeting of the Council of the City of Roanoke which was held on Monday, July 19, 2004, you were reappointed as a member of the Court Community Corrections Program Regional Community Criminal Justice Board, for a term ending June 30, 2007. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am also enclosing copy of the Virginia Freedom of Information Act. William H. Cleaveland July 27, 2004 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue your service to the City of Roanoke as a member of the Court Community Corrections Program Regional Community Criminal Justice Board. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosures pc: James T. Phipps, Director of Court and Community Corrections, 516 E. Main Street, Salem, Virginia 24153 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 nineteenth day of July, 2004, WILLIAM H. CLEAVELAND was reappointed as a member of the Court Community Corrections Program Regional Community Criminal Justice Board, for a term ending June 30, 2007. Given under my hand and the Seal of the City of Roanoke this twenty-seventh day of July, 2004. City Clerk MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Teicphonc: (540) 853-2541 Fax: (540) 853-1145 E-maih clerk~ci.roanoke.va.us July 27, 2004 File #15-110-488 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Mr. Richard J. Nichols 1620 Kirk Avenue, S. E. Roanoke, Virginia 24013 Dear Mr. Nichols: At a regular meeting of the Council of the City of Roanoke which was held on Monday, July 19, 2004, you were reappointed as a member of the Roanoke Neighborhood Advocates, for a term ending June 30, 2007. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am also enclosing copy of the Virginia Freedom of Information Act. Mr. Richard J. Nichols July 27, 2004 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue your service to the City of Roanoke as a member of the Roanoke Neighborhood Advocates. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosures pc~ Cad D. Cooper, Chair, Roanoke Neighborhood Advocates, 3601 Round Hill Avenue, N. W., Roanoke, Virginia 24012 Robert A. Clement, Jr., Roanoke Neighborhood Partnership, Neighborhood Development Specialist 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 nineteenth day of July, 2004, RICHARD J. NICHOLS was reappointed as a member of the Roanoke Neighborhood Advocates, for a term ending June 30, 2007. day of July, 2004. Given under my hand and the Seal of the City of Roanoke this twenty-seventh City clerk MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 F~x: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us July 27, 2004 File #110-536 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk A. L. Gaskins Chief of Police Roanoke, Virginia Dear Mr. Gaskins: At a regular meeting of the Council of the City of Roanoke which was held on Monday, July 19, 2004, you were reappointed as a member of the Regional Virginia Alcohol Safety Action Program Policy Board, for a term ending June 30, 2006. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am also enclosing copy of the Virginia Freedom of Information Act. A. L. Gaskins July 27, 2004 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue your service to the City of Roanoke as a member of the Regional Virginia Alcohol Safety Action Program Policy Board. Sincerely. ~,.,j,~__ Mary F. Parker, CMC City Clerk MFP:ew Enclosures pc: James T. Phipps, Director of Court and Community Corrections, 516 E. Main Street, Salem, Virginia 24153 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 nineteenth day of July, 2004, A. L. GASKINS was reappointed as a member of the Regional Virginia Alcohol Safety Action Program Policy Board, for a term ending June 30, 2006. Given under my hand and the Seal of the City of Roanoke this twenty-seventh day of July, 2004. City Clerk MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk(~¢i.roanok¢.va.us July 27, 2004 File #15-110-237 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Mr. E. L. Noell 2620 Baird Street, S. W. Roanoke, Virginia 24015-2610 Dear Mr. Noell: At a regular meeting of the Council of the City of Roanoke which was held on Monday, July 19, 2004, you were reappointed as a member of the Flood Plain Committee, for a term ending June 30, 2005. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am also enclosing copy of the Virginia Freedom of Information Act. On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue your service to the City of Roanoke as a member of the Flood Plain Committee. Mary F. Parker, CMC City Clerk MFP:ew Enclosures pc: Read A. Lunsford, Chair, Flood Plain Committee, P. O. Box 1205, Roanoke, Virginia 24006 Philip C. Schirmer, Engineer Liaison 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 nineteenth day of July, 2004, E. L. NOELL was reappointed as a member of the Flood Plain Committee, for a term ending June 30, 2005. Given under my hand and the Seal of the City of Roanoke this twenty-seventh day of July, 2004. City Clerk MARY F. PARKER, CMC City Clerk CITY OF ROANOKF, OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clcrk(~¢i.manok¢.va.us July 27, 2004 File #110-536 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Mr. William D. Bestpitch 381 Washington Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Bestpitch: At a regular meeting of the Council of the City of Roanoke which was held on Monday, July 19, 2004, you were appointed as a member of the Roanoke Valley Allegheny Regional Commission, to fill the unexpired term of R. Brian Townsend, 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. William D. Bestpitch July 27, 2004 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation your willingness to serve the City of Roanoke as a member of the Roanoke Valley Allegheny Regional Commission. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosures pc: Wayne G. Strickland, Executive Director, Roanoke Valley Alleghany Regional Commission, P. O. Box 2569, Roanoke, Virginia 24010 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 nineteenth day of July, 2004, WILLIAM D. BESTPITCH was appointed as a member of the Roanoke Valley Allegheny Regional Commission, to fill the unexpired term of R. Brian Townsend, resigned, ending June 30, 2006. Given under my hand and the Seal of the City of Roanoke this twenty-seventh day of July, 2004. City Clerk MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E~raail: clcrk@ci.roanoke.va, us July 28, 2004 File #110-200 STEPHANIE M. MOON D~:puty City Clerk SHEILA N. HARTMAN Assistant City Clerk The Honorable M. Rupert Cutler 2865 Jefferson Street, S. E. Roanoke, Virginia 24014 Dear Dr. Cutler: At a regular meeting of the Council of the City of Roanoke which was held on Monday, July 19, 2004, you were appointed as a member of the Roanoke Valley Area Metropolitan Planning Organization, to fill the unexpired term of William D. Bestpitch, ending June 30, 2005. 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. Dr. M. Rupert Cutler July 28, 2004 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation your willingness to serve the City of Roanoke as a member of the Roanoke Valley Area Metropolitan Planning Organization. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosures pc: Wayne G. Strickland, Executive Director, Roanoke Valley Area Metropolitan Planning Organization, P. O. Box 2569, Roanoke, Virginia 24010 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 nineteenth day of July, 2004, M. RUPERT CUTLER was appointed as a member of the Roanoke Valley Area Metropolitan Planning Organization, to fill the unexpired term of William D. Bestpitch, ending June 30, 2005. Given under my hand and the Seal of the City of Roanoke this twenty-seventh day of July, 2004. City Clerk CIT.Y.. OF ROANOKE Office of the City Clerk Mary F. Parker, CMC Stephanie M. Moon, CMC City Clerk Deputy City Clerk Sheila N. Hartman Assistant City Clerk July 21, 2004 File #51 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 36795-071904 rezoning certain property located at 2102 Grandin Road, S. W., containing 96.3296 acres, Official Tax No. 1460101, from RS-i, Residential Single Family District, to INPUD, Institutional Planned Unit Development District, as set forth in the Petition filed in the Office of the City Clerk on June 7, 2004. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 19, 2004, and is in full force and effect upon its passage. Mary F. Parker, CMC City Clerk MFP:ew Attachment Darlene L. Burcham July 21, 2004 Page 2 pc: Cao Ming Hua, Ren Haiging, 1302 Belle Aire Lane, S. W., Roanoke, Virginia 24018 Ronald & Misty Bingham, 2412 Guilford Avenue, S. W, Roanoke, Virginia 24015 James & Jennifer McLeese, 2416 Guilford Avenue, S. W., Roanoke, Virginia 24015 Michelle Peale, 5816 Penguin Drive, S. W., Roanoke, Virginia 24018 Lynn C. Wiggington, 2424 Guilford Avenue, S.W., Roanoke, Virginia 24015 Samuel & Jennifer Draper, 2428 Guilford Avenue, S. W., Roanoke, Virginia 24015 James & Patricia Wilson, 2432 Guilford Avenue, S. W., Roanoke, Virginia 24015 Robert & Edna Weaver, 2436 Guilford Avenue, S.W., Roanoke, Virginia 24015 Carlie V. English, 2440 Guilford Avenue, S. W., Roanoke, Virginia 24015 John & Fanny Gearhart, 2413 BridgehavenTraiI, Richmond, Virginia 23233 Robert Lipscomb, 2559 Winifrey Drive, S. W., Roanoke, Virginia 24018 John & Patricia Patterson, 5903 Castle Rock Road, S. W., Roanoke, Virginia 24018 David Cumins, 4145 Partridge Circle, S. W., Roanoke, Virginia 24014 Brenda R. Page, 2602 Guilford Avenue, S. W., Roanoke, Virginia 24015 Warren & Dinia Pease, 2608 Guilford Avenue, S.W., Roanoke, Virginia 24015 Charles & Myrtle Dunn, 2612 Guilford Avenue, S. W., Roano. ke, Virginia 24015 Alice Tuckwiller, 2616 Guilford Avenue, S. W., Roanoke, Virginia 24015 Marvin & Sandra Harrison, 2620 Guilford Avenue, S. W., Roanoke, Virginia 24015 Colin & Judith Lunsford, 2624 Guilford Avenue, S. W., Roanoke, Virginia 24015 James & Connie Hogan, 2702 Guilford Avenue. S. W., Roanoke, Virginia 240].5 Jeffrey & Deborah Drinkert, 2708 Guilford Avenue, S. W., Roanoke, Virginia 24015 Donald & Barbara Bollas, 2712 Guilford Avenue, S. W., Roanoke, Virginia 240].5 James & Janet Hamrick, 27].6 Guilford Avenue, S. W., Roanoke, Virginia 24015 Jonathon & IIona Todd, 2720 Guilford Avenue, S. W., Roanoke, Virginia 24015 B. L. & Nancy Henderson, 222 Rocky Shore Lane, Moneta, Virginia 24].21 Tammy L. Crush, 2728 Guilford Avenue, S. W., Roanoke, Virginia 240].5 Darlene L. Burcham july 21, 2004 Page 3 Theodore & Dianne Smith, 2732 Guilford Avenue, S. W., Roanoke, Virginia 24015 Mary Jane Shirley, 2802 Guilford Avenue, S. W., Roanoke, Virginia 24015 Terry & Phyllis Clifton, 2806 Guilford Avenue, S. W., Roanoke, Virginia 240].5 Joseph A. Murray, 28:~0 Guilford Avenue, S. W., Roanoke, Virginia 24015 Alan E. Hoal, 225 Heidinger Drive, Cary, North Carolina 275].]. John & Nancy Fudge, 2902 Guilford Avenue, S. W., Roanoke, Virginia 24015 Katrina A. Mabery, Virginia M. Balserak, 2912 Guilford Avenue, S. W., Roanoke, Virginia 24015 Sue C. Lipscomb, 29].6 Guilford Avenue, S. W., Roanoke, Virginia 24015 Ronald & Margaret Whitlock, 2922 Guilford Avenue, S. W., Roanoke, Virginia 24015 Edward & Hannah Gloria, 2928 Guilford Avenue, S. W., Roanoke, Virginia 240].5 Daniel & Laura Foutz, 3002 Guilford Avenue, S. W., Roanoke, Virginia 24015 Olivia I. Byrd, 3006 Guilford Avenue, S. W., Roanoke, Virginia 240].5 K. R. & J. W. Cunningham, 30].0 Guilford Avenue, S. W., Roanoke, Virginia 24015 Thomas & Alice Lambdon, 30].4 Guilford Avenue, S. W., Roanoke, Virginia 240].5 R. E. & Corinne St. George, 2415 Oregon Avenue, S. W., Roanoke, Virginia 240].5 Shenandoah Life Ins. Co., P. O. Box 12847, Roanoke, Virginia 24029 Geoffrey & Susan Jennings, 1744 Blair Road, S. W., Roanoke, Virginia 240:~5 Richard & Kathleen Lorenz, ].743 Blair Road, James & Dana George, 2340 Blenheim Road, Douglas & Evie Robison, 25].7 Mt. Vernon 240].5 Gilles & Rachel Braussen, 25].3 Mt. Vernon 240].5 S. W., Roanoke, Virginia 24015 S. W., Roanoke, Virginia 24015 Road, S. W., Roanoke, Virginia Road, S. W., Roanoke, Virginia Jon & Wendy McNeece, 2507 Mt. Vernon Road, S. W., Roanoke, Virginia 240].5 Jeannie E. Hurt, 250]. Mt. Vernon Road, $. W., Roanoke, Virginia 24015 Jimmy W. Farley, 2429 Mt. Vernon Road, S. W., Roanoke, Virginia 24015 Samuel F. Vance, III, 1640 Persinger Road, S. W., Roanoke, Virginia 240].5 Kermit & Elizabeth Hale, 2222 Blenheim Road, S. W., Roanoke, Virginia 240].5 William & Norma Horn, 2216 Blenheim Road, S. W., Roanoke, Virginia 24015 Ronald & Shirley Henderson, 242]. Mt. Vernon Road, S. W., Roanoke, Virginia 240].5 Darlene L. Burcham July 21, 2004 Page 4 Michael & April Snow, 1639 Persinger Road, S. W., Roanoke, Virginia 24015 Harriett G. Vance, 1656 Center Hill Road, S. W., Roanoke, Virginia 24015 Christopher & Kelly Kaze, 1647 Center Hill Road, S. W., Roanoke, Virginia 24015 Cinda D. Brown, 1702 Brandon Avenue, S. W., Roanoke, Virginia 24015 Dale & LoraWilkinson, 1710 Brandon Avenue, S. W., Roanoke, Virginia 24015 Jack & Ruth Meadows, 1714 BrandonAvenue, S.W., Roanoke, Virginia 24015 Frances Kastler, 1822 Mayfield Drive, S. W., Roanoke, Virginia 24014 Bruce & Patricia Tolson, 1806 Brandon Avenue, S. W., Roanoke, Virginia 24015 JohnD. Brown, 1810 Brandon Avenue, S.W.,Roanoke, Virginia 24015 George C. Koss, 2854 Fairway Forest Circle, Salem, Virginia 24153 Michael & Cathy Pegram, 1824 Brandon Avenue, S. W., Roanoke, Virginia 24015 Mark E. Barker, 1828 Brandon Avenue, S. W., Roanoke, Virginia 24015 Sandra K. Chilman, 1832 Brandon Avenue, S. W., Roanoke, Virginia 24015 Gerald & Drue Danz, 1836 Brandon Avenue, S. W., Roanoke, Virginia 24015 Nancy B. Williams Life Est., 1840 Brandon Avenue, S. W., Roanoke, Virginia 24015 Alleta M. Everett, 103 Fourth Street, Bluefield, West Virginia 24701 MinnieJ. Williams, 1994 Browns Gap Tnpk., Charlottesville, Virginia 22901 Michael L. Holland, 1918 Brandon Avenue, S. W., Roanoke, Virginia 24015 Vernon E. Jolley, Jr., 1922 Brandon Avenue, S. W., Roanoke, Virginia 24015 Claude & Mary Hodges, 1926 Brandon Avenue, S. W., Roanoke, Virginia 24015 Buddy D. Mason & James M. George, 110 E. First Street, Salem, Virginia 24153 Darrell R. Craighead, P. O. 'Box 1373, Salem, Virginia 24153 Curtis E. & Ellen F. Fuller, 1942 Brandon Avenue, S. W., Roanoke, Virginia 240~.5 Trustees of the Unitarian Universalist Church of Roanoke, 2015 Grandin Road, S. W., Roanoke, Virginia 24015 David A. Rogers, 2103 Grandin Road, S. W., Roanoke, Virginia 24015 Judith E. Christophel, 2111 Grandin Road, S. W., Roanoke, Virginia 24015 George & Elizabeth Marsh, 2121 Grandin Road, S. W., Roanoke, Virginia 24015 Elaine Noell, 2201 Grandin Road, $. W., Roanoke, Virginia 24015 Neale & Mary Huff, 2215 Grandin Road, S. W., Roanoke, Virginia 24015 Diana K. Kyle & Robert K. Salyer, 2223 Grandin Road, S. W., Roanoke, Virginia 24015 Darlene L. Burcham July 21, 2004 Page 5 Curtis E. Fooks & Nan Rae Marion, 223! Grandin Road, S. W., Roanoke, Virginia 24015 Jeffrey & Christina Hatch, 2239 Grandin Road, S. W., Roanoke, Virginia 240~.5 Timothy & Jennifer Callahan, 2243 Grandin Road, S. W., Roanoke, Virginia 24015 Herbert H. Smith, Il, 5551 Catawba Valley Drive, Catawba, Virginia 24070 Craig & Barbara W. Johnson, 2343 Carter Road, S. W., Roanoke, Virginia 24015 Trustees of St. Elizabeth Episcopal Church, P. O. Box 4706, Roanoke, Virginia 24015 Tom Hanes, President, Greater Raleigh Court Civic League, 1036 Oakwood Drive, S. W., Roanoke, Virginia 24015 R. Douglas Ross, President, Grandin Road Business Association, 1602 Grandin Road, S. W., Roanoke, Virginia 24015 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of July, 2004. No. 36795-071904. AN ORDINANCE to amend {}36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 146, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City; and dispensing with the second reading by title of this ordinance. WHEREAS, the City of Roanoke has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned fxom RS- 1, Residential Single Family District, to INPUD, Institutional Planned Unit Development District; 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 heating was held by City Council on such application at its meeting on July 19, 2004, after due and timely notice thereof as required by {}36.1-693, Code of the City of Roanoke (1979), as amended, at which heating all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public heating, 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. 146 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular manner and no other: That certain tract of land located at 2102 Grandin Road, S.W., containing 96.3296 acres, known as Official Tax No. 1460101, and designated on Sheet No. 146 of the Sectional 1976 Zone Map, City of Roanoke, be, and is hereby rezoned from RS-l, Residential Single Family District, to INPUD, Institutional Planned Unit Development District, as set forth in the Petition filed in the Office of the City Clerk on June 7, 2004, and that Sheet No. 146 of the 1976 Zone Map be changed in this respect. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. O-RezoPublicHenry071904 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: planningC¢ci.roanoke.va.us July 19, 2004 The Honorable C. Nelson Harris, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Harris and Members of City Council: Subject: Request from the City of Roanoke to rezone 2102 Grandin Road, S.W., Official Tax No. 1460101, from RS-l, Residential Single Family District, to INPUD, Institutional Planned Unit Development District, such rezoning to be subject to certain conditions proffered by the petitioner. Planning Commission Action: Planning Commission public hearing was held on Thursday, June 17, 2004. By a vote of 6-0-1 (Mr. Rife abstaining for discussion and vote), the Commission recommended approval of the request. The petitioner was represented by Richard Rife, Rife & Wood Architects, and Richard Kelley, City of Roanoke Public Schools. Background: The petitioner requests the rezoning of the 96.33 acre parcel from RS-l, Single-Family Residential, to INPUD, Institutional Planned Unit Development District, in order to construct one, three-story, 330,000 square foot building to replace the current 1 l-building campus configuration. The parcel will contain the high school building, Gibboney Hall (the one building to remain from the current Patrick Henry High School), the Governor's School, the Raleigh Court Library, the Raleigh Court Elementary School, and associated open space and recreational functions. A petition was filed on May 6, 2004. A First Amended Petition was filed on June 7, 2004 Consideration: The subject property borders 99 adjacent parcels. The vast majority of the parcels are single-family dwellings. The property is surrounded by the following zoning designations and land-uses: · RS-3, Residential Multifamily District is located to the northwest of the parcel along Grandin Road. Uses include St. Elizabeth's Episcopal Church and single-family residential. · RM-2, Residential Multifamily, Medium Density District, is situated to the north-northwest of the parcel. The Unitarian Universalist Church of Roanoke is directly across Grandin Road. · RS-3, Residential Single Family District, is the primary district along the eastern edge of the parcel. The land uses are mostly single-family dwellings with a few duplexes and vacant parcels across Persinger Road and Blenheim Road. · C-1, Office District, is located to the southeast. Shenandoah Life occupies this parcel. · RS-3, Residential Single Family District, borders a small portion of the parcel along its southwest corner. The adjacent parcels are vacant. · RM-2, Residential Multifamily, Medium Density District, is located to the southwest of the property. The land uses fronting Guilford Avenue are primarily single-family dwellings. · C-2, General Commercial District, borders the parcel on its western tip. A bar/restaurant, the Ali-Sports Cafe, is the adjacent use. The proposed petition is consistent with the following principles and policies of Vision 2001-2020, the City's comprehensive plan: School facilities are important community facilities. The location of new school facilities will be carefully planned to enhance the surrounding community and adhere to the City Design principles recommended. (p. 84 PE P2) · Invest in education and training to create a labor force that can succeed in an information-based economy. (p. 62 ED A34) · City Design - New public facilities and buildings will be designed for quality appearance and multiple functions. (p.11) · Limiting impervious surfaces to reduce runoff (p.50 EC A13) Staff believes the petitioner's request to rezone the subject property to INPUD, Institutional Planned Unit Development District, is an appropriate rezoning for the subject parcel. The petition meets the standards of development for the INPUD, detailing the final configuration of all existing and new buildings for the proposed site. Per the submittal requirements of an institutional development plan pursuant to Section 36.1-399 of the Zoninq Ordinance, Exhibit Four of the First Amended Petition contains information related to the proposed district boundaries and location of all public rights-of-way, driveways and loading areas. Also contained in Exhibit Four is information on the location and use of all proposed structures and those existing structures proposed to remain on the site. The location and extent of all remaining and proposed off-street parking spaces is also illustrated. Pedestrian routes and the use of open spaces are indicated on Exhibit Four, along with areas of the site to be maintained in a natural or wooded condition. On-site lighting details and proposed lumen levels are depicted and quantified on Exhibit Four to ensure that there is no glare beyond the district boundaries. Recreational fields will not be lighted. Exhibit Five illustrates the provision of public water, sewer, and storm water infrastructure on the redeveloped site. Exhibit Six, containing proposed building elevations, supplements the information provided in Exhibit Four, and illustrates the proposed bulk, height, and compatibility of the proposed development to its surrounding neighborhood. The maximum height limitation in residential districts is 35 feet. The maximum height of a structure in INPUD, Institutional Planned Unit Development, is 45 feet. Staff believes that the proposed height of the building will not be intrusive on the surrounding neighborhood, given the size of the parcel and the proposed setbacks from adjacent property lines. The proposed development is an effective reutilization of the existing site. The development plan details an increase in the amount of open space and decreases the amount of impervious surface area by 7.7% for the site. A centralized building approach as opposed to the current sprawling multi- building configuration provides an enhanced orientation to Grandin Road and reclaims more area for recreational and open space purposes. Four audience members spoke during the public hearing. Three citizens inquired about changes in traffic circulation in and around the subject property during construction and after the redevelopment is complete. The President of Patrick Henry High PTSA spoke in favor of the petition citing the real need for the project in the community and for the City of Roanoke. No one spoke in opposition to the petition. Planning Commission discussion centered on the following: · The location and design of the building. · The number of parking spaces shown on the petitioner's site plan. The petitioner explained that the site plan provides for three more parking spaces than was is currently on the site. · The requirements of the INPUD, Institutional Planned Unit Development District. It was clarified by staff that any future substantial change to the site would require an amendment to the INPUD development plan, review by the Planning Commission and approval by City Council. Recommendation: By a vote of 6-0, the Commission recommended that City Council approve the requested rezoning given the proposed reuse of the existing site and its consistency with Vis/on 2001-2020. Respectfully submitted, Robert B. Manetta, Chairman I~)T' 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 Richard Rife, Architect for the petitioner FIRST AMENDED PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA INRE: Rezoning ora tract of land lying at 2102 Grandin Road, SW, Tax No. 1460101, from RS-1 to 1NPUD. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, the City of Roanoke, owns land in the City of Roanoke containing 96.3296 acres, more or less, located at 2102 Grandin Road, SW, Tax No. 1460101. Said tract is currently zoned RS-l, Residential, Single-Family. A map of the property to be rezoned is attached as Exhibit One. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from RS-1, Residential, Single-Family District, to INPUD, Institutional Planned Unit Development District for the purpose of the reconstruction of Patrick Henry High School. The plan for reconstructing Patrick Hem'y High School calls for ten of the current eleven buildings on the campus to be demolished, with a new 330,000 sfbuilding to be constructed to replace the demolished buildings. The current Site Plan is shown in the attached Exhibit Three. Exterior renderings of the proposed school are shown on the attached Exhibit Six. The petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and it will abide by, the following conditions: 1. The property will be developed in substantial conformity with the Site Plan prepared by Rife + Wood Architects dated April 2, 2004, a copy of which is attached to this Petition for Rezoning as Exhibit Four and the Utility Plan prepared by Rife + Wood Architects dated April 2, 2004, a copy of which is attached to this Petition for Rezoning as Exhibit Five, subject to any changes required by the City during comprehensive site plan review. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will redevelop an existing developed site within the City rather than consume undeveloped land that can be utilized. for some other purpose in the future. Utilization of this site also makes use of the existing utility, road and public transportation systems, thereby minimizing urban sprawl. The reconstruction of Patrick Henry on this site will reinforce the City's system of neighborhood schools, making the City a more attractive place to live and encouraging reinvestment in the surrounding neighborhoods. The rezoning of the said tract of land to INPUD will allow for the more efficient use of the site, including the construction of a three-story building. Attached as Exhibit Two 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 property to be rezoned. WHEREFORE, the Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this Fourth day of June, 2004. By: Respectfully submitted, City Manager Darlene L. Burcham, City Manager City of Roanoke 215 Church Avenue, SW Room 364 Roanoke, VA 24011 Map Output Page 1 of 1 Exhibit One - Rezoninc Petition for Tax No. 1460101 Exhibit Two - Rezoning Petition for Tax No. 1460101 List of Adjacent Property Owners Tax No 1551201 1551204 Street Address 2326 Grandin Road Roanoke, VA 24015 2412 Guilford Avenue Roanoke, VA 24015 Owner Cao Ming Hua & Ren Haiqing 1302 Belle Aire Lane - Rke, VA 24018 Ronald A. & Misty S. Bingham (same as street address) 1551205 2416 Guilford Avenue James M. & Jennifer L. McLeese Roanoke, VA 24015 (same as street address) 1551206 1551207 1551208 1551209 1551210 1551211 1551212 1551213 1551214 1551215 2420 Guilford Avenue Roanoke, VA 24015 2424 Guilford Avenue Roanoke, VA 24015 2428 Guilford Avenue Roanoke, VA 24015 2432 Guilford Avenue Roanoke, VA 24015 2436 Guilford Avenue Roanoke, VA 24015 2440 Guilford Avenue Roanoke, VA 24015 Guilford Avenue Roanoke, VA 24015 2502 Guilford Avenue Roanoke, VA 24015 2506 Guilford Avenue Roanoke, VA 24015 2512 Guilford Avenue Roanoke, VA 24015 2602 Guilford Avenue Roanoke, VA 24015 2608 Guilford Avenue Roanoke, VA 24015 1551216 1551217 1551218 2612 Guilford Avenue Roanoke, VA 24015 1551219 2616 Guilford Avenue Roanoke, VA 24015 1551220 2620 Guilford Avenue Roanoke, VA24015 1551221 2624 Guilford Avenue Roanoke, VA24015 1551223 2702 Guilford Avenue Roanoke, VA24015 1551224 Michelle Peale 5816 Penguin Drive - Rke, VA 24018 Lynn C. Wiggington (same as street address) Samuel T. & Jennifer W. Draper (same as street address) James M. & Patricia G. Wilson (same as street address) Robert L. & Edna L. Weaver (same as street address) Carlie V. English (same as street address) John I. & Fanny L. Gearhart 2413 Bridgehaven Trail - Richmond, VA 23233 Robert Lipscomb 2559 Winifrey Drive - Rke, VA 24018 John R. & Patricia W. Patterson 5903 Castle Rock Rd - Rke, VA 24018 David K. Cumins 5145 Partridge Circle SW - Rke, VA 24014 Brenda R. Page (same as street address) Warren S. & Dinia M. Pease (same as street address) Charles B. & Myrtle S. Duma (same as street address) Alice C. Tuckwiller (same as street address) Marvin C. & Sandra S. Harrison (same as street address) Colin P. & Judith C. Lunsford (same as street address) James E. & Connie L. Hogan (same as street address) 2708 Guilford Avenue Jeffrey O. & Deborah A. Drinkert Roanoke, VA 24015 (same as street address) 1551225 2712 Guilford Avenue Donald R. & Barbara Jean Bollas Roanoke, VA 24015 (same as street address) Page 1 Exhibit Two - Rezoning Petition for Tax No. 1460101 List of Adjacent Property Owners Tax No 1551226 1551227 1551228 Street Address 2716 Guilford Avenue Roanoke, VA 24015 2720 Guilford Avenue Roanoke, VA 24015 2724 Guilford Avenue Roanoke, VA 24015 Owner James L. & Janet J. Hamrick (same as street address) Jonathon B. & Ilona M. Todd (same as street address) Benjamin L. & Nancy B. Henderson 222 Rocky Shore Lane - Moneta, VA 24121 1551229 2728 Guilford Avenue Tammy L. Crash Roanoke, VA 24015 (same as street address) 1551230 2732 Guilford Avenue Roanoke, VA 24015 2802 Guilford Avenue Roanoke, VA 24015 1551231 1551232 1551233 2806 Guilford Avenue Roanoke, VA 24015 2810 Guilford Avenue Roanoke, VA 24015 1560501 2816 Guilford Avenue Roanoke, VA 24015 1560502 2902 Guilford Avenue Roanoke, VA 24015 1560503 2912 Guilford Avenue Roanoke, VA 24015 1560504 2916 Guilford Avenue Roanoke, VA 24015 1560505 1560506 2922 Guilford Avenue Roanoke, VA24015 2928 Guilford Avenue Roanoke, VA 24015 Theodore M. & Dianne W. Smith (same as street address) Mary Jane Shirley (same as street address) Terry L. & Phyllis M. Clifton (same as street address) Joseph A. Murrary (same as street address) Alan E. Hoal 225 Heidinger Dr. - Cary, NC 27511 John P. & Nancy J. Fudge (same as street address) Katrina A. Mabery & Virginia M. Balserak (same as street address) Sue C. Lipscomb (same as street address) Ronald D. & Margaret Whitlock (same as street address) Edward F. & Hannah Gloria (same as street address) 1560507 3002 Guilford Avenue Daniel R. & Laura A. Foutz Roanoke, VA 24015 (same as street address) 1560508 3006 Guilford Avenue Roanoke, VA 24015 1560509 3010 Guilford Avenue Roanoke, VA24015 3014 Guilford Avenue Roanoke, VA 24015 1560510 1560512 3022 Guilford Avenue Roanoke, VA 24015 Oregon Ave (vacant lot) 2301 Brambleton Avenue Roanoke, VA 24015 Olivia I. Byrd (same as street address) Kevin R. & Jennifer W. Cunningham (same as street address) 1560811 1370102 1370901 Thomas H. & Alice L. Lambdon (same as street address) R. Edward & Corinne F. St. George 2415 Oregon Ave. - Rke, VA 24015 Shenandoah Life Insurance P.O. Box 12847 - Rke, VA 24029 1744 Blair Road Geoffrey & Susan W. Jennings Roanoke, VA 24015 (same as street ad&-ess) Page 2 Exhibit Two - Rezoning Petition for Tax No. 1460101 List of Adjacent Property Owners Tax No Street Address Owner 1370701 1743 Blair Road Richard J. & Kathleen D. Lorenz Roanoke, VA 24015 (same as street address) 1370707 1370306 1370307 1370308 1370309 2340 Blenheim Road Roanoke, VA 24015 2517 Mt. Vernon Road Roanoke, VA 24015 2513 Mt. Vernon Road Roanoke, VA 24015 2507 Mt. Vernon Road Roanoke, VA 24015 2501 Mt. Vernon Road Roanoke, VA 24015 James M. & Dana M. George (same as street address) Douglas B. & Erie Robison (same as street address) Gilles & Rachel Braussen (same as street ad&ess) Jon G. & Wendy L. McNeece (same as street ad&ess) Jeannie E. Hurt (same as street ad&ess) 1350302 2429 Mt. Vernon Road Jimmy W. Farley Roanoke, VA 24015 (same as street address) 1350301 1640 Persinger Samuel F. Vance, III Roanoke, VA 24015 (same as street ad&ess) 1350311 2222 Blenheim Road Roanoke, VA 24015 2216 Blenheim Road Roanoke, VA 24015 2421 Mt. Vernon Road Roanoke, VA 24015 1639 Persinger Road Roanoke, VA 24015 1656 Center Hill Road Roanoke, VA 24015 1350312 1350307 1350209 1350201 1350114 1647 Center Hill Road Roanoke, VA24015 1450729 1702 Brandon Avenue Roanoke, VA 24015 1450727 1710 Brandon Avenue Roanoke, VA 24015 145O726 1450725 1450724 1450723 1450722 1450721 1714 Brandon Avenue Roanoke, VA 24015 1802 Brandon Avenue Roanoke, VA 24015 1806 Brandon Avenue Roanoke, VA 24015 1810 Brandon Avenue Roanoke, VA 24015 1814 Brandon Avenue Roanoke, VA 24015 1818 Brandon Avenue Roanoke, VA 24015 Kermit E. & Elizabeth B. Hale (same as street ad&ess) William A. & Norma J. Horn (same as street ad&ess) Ronald Ray & Shirley C. Henderson (same as street ad&ess) Michael P. & April M. Snow (same as street address) Harriet G. Vance (same as street ad&ess) Christopher W. & Kelly B. Kaze (same as street ad&ess) Cinda D. Brown (same as street ad&ess) Dale E. & Lora J. Wilkinson (same as street ad&ess) Jack T. & Ruth N. Meadows (same as street ad&ess) Frances Kastler 1822 Mayfield Dr. - Rke, VA 24014 Bruce A. & Patricia B. Tolson (same as street ad&ess) John D. Brown (same as street ad&ess) Frances Kastler 1822 Mayfield Dr. - Rke, VA 24014 George C. Koss 2854 Fairway Forest Cir. - Salem, VA 24153 Page 3 Exhibit Two - Rezoning Petition for Tax No. 1460101 List of Adjacent Property Owners Tax No 1450720 1450719 1450718 Street Address 1824 Brandon Avenue Roanoke, VA 24015 1828 Brandon Avenue Roanoke, VA 24015 1832BrandonAvenue Roanoke, VA24015 1450717 1836 BrandonAvenue Roanoke, VA24015 1450716 1450715 1450714 1450713 1450712 1450711 1450710 1450709 1840 Brandon Avenue Roanoke, VA 24015 Brandon Avenue Roanoke, VA 24015 1902 Brandon Avenue (vacant lot) Brandon Avenue (vacant lot) 1910 Brandon Avenue Roanoke, VA 24015 1914 Brandon Avenue Roanoke, VA 24015 1918 Brandon Avenue Roanoke, VA 24015 1922 Brandon Avenue Roanoke, VA 24015 1450708 1926 Brandon Avenue Roanoke, VA 24015 1450707 1930 Brandon Avenue Roanoke, VA 24015 1450706 1450705 Owner Michael W. & Cathy L. Pegram (same as street address) Mark E. Barker (same as street address) Sandra K. Chilman (same as street address) Gerald W. & Dine H. Danz (same as street address) Nancy B. Williams, Life Estate (same as street address) Alleta M. Everett 103 Fourth St. -Bluefield, WV 24701 Alleta M. Everett 103 Fourth St. -Bluefield, WV 24701 Alleta M. Everett 103 Fourth St. -Bluefield, WV 24701 Minnie J. Williams 1994 Browns Gap Tp - Charlottesville, VA 22901 Frances Kastler 1822 Mayfield Dr. - Rke, VA 24014 Michael L. Holland (same as street address) Vernon E. Jolley, Jr. (same as street address) Claude E. & Mary C. Hodges (same as street address) Buddy D. Mason & James M. George 110 E. First St. - Salem, VA 24153 1934 Brandon Avenue Darrell R. Cralghead Roanoke, VA 24015 P.O. Box 1373 - Salem, VA 24153 1938 Brandon Avenue Curtis E. Fuller Roanoke, VA 24015 1942 Brandon Ave. - Rke, VA 24015 1450704 1942 Brandon Avenue Roanoke, VA 24015 1450701 1450315 1450314 1450313 1450214 2015 Grandin Road Roanoke, VA 24015 2103 Grandin Road Roanoke, VA 24015 2111 Grandin Road Roanoke, VA 24015 2121 Grandin Road Roanoke, VA 24015 1450213 1450212 Curtis E. & Ellen F. Fuller (same as street address) Trustees of the Unitarian Universalist Church of Roanoke 2015 Grandin Road - Rke, VA 24015 David A. Rogers (same as street address) Judith E. Christophel (same as street address) George W. & Elizabeth W. Marsh (same as street address) Page 4 Exhibit Two - Rezoning Petition for Tax No. 1460101 List of Adjacent Property Owners Tax No Street Address Owner 1540524 2201 Grandin Road Roanoke, VA 24015 1540523 2215 GrandinRoad Roanoke, VA 24015 1540522 2223 Grandin Road Roanoke, VA 24015 Elaine A. Noell (same as street address) Neale J. & Mary A. Huff (same as street address) Diana K. Kyle & Robert K. Salyer (same as street address) 1540521 2231 Grandin Road Curtis E. Fooks & Nan Rae Marion Roanoke, VA 24015 (same as street address) 1540520 2239 Grandin Road Jeffrey J. & Christina B. Hatch Roanoke, VA 24015 (same as street address) 1540519 2243 Grandin Road Timothy S. & Jennifer L. Callahan Roanoke, VA 24015 (same as street address) 1540518 1540324 2255 Grandin Road Roanoke, VA24015 2343 Carter Road Roanoke, VA 24015 2371 York Road Roanoke, VA 24015 1540330 Herbert H. Smith, II 5551 Catawba Valley Dr. - Catawba, VA 24070 Craig A. & Barbara W. Johnson (same as street address) Trustees of St. Elizabeth's Episcopal Church P.O. Box 4706 - Rke, VA 24015 1560901 ! Montgomery Avenue Woodlawn Park City of Roanoke Page 5 · rr ;RIALS COMPATIBLE WITH THE !NDING NEIGHBORHOOD. THE NEW CURRENT HIGH SCHOOL'S CAMPUS STYLE R EDUCATIONAL AND COMMUNITY VIOUS AREA OF THE SITE. THE ~IE, TWO, OR THREE STORIES IN RANDIN ROAD HAS A SETBACK Of' EIGHT TO MINIMIZE ITS VISUAL IS TWO STORIES (35'-0") IN ;ECTION OF THE BUILDING MOST 45'-8") IN HEIGHT. · KAD-4OOMR AND KAD-175MR (SEE ED FULLY WITHIN THE FIXTURE 'ARD CUTOFF. AVENEL AVENUE) AND BLENHEIM L BE ADDED FROM GRANDIN ROAD IIDER MEDIAN THAT PERMITS NOTE: Plan too large to scan, PATRICK HENRY HIGH SCHOOL PHASE I School Site Project No. 124-39A Literary Loan No. 11187 Dele 04/02/04 Job Number 800200.000 S~ole A~ NOT[D Drawn ~p~ REZONING OF TAX NO. 1460101 SITE PLAN FINAL DEVELOPMENT Sheet EXHIBIT FOUR 60' $0' O' 60' 120' ~m'~'~_'- ~ ~'= ~o' CALDW]~LL ¥(/HITE ASSOCIATES PATRICK HENRY HIGH SCHOOL PHASE I School Site Project No. 124-39A Literary Loan No. 11187 Rem Dale 04/02/O~- Job Number ~002C0.000 Scale Drawn Checked Approved TAX FINAL REZONING OF NO. 1 460101 UTILITY PLAN DEVELOPMENT EXHIBIT FIVE NBTF: Plnn tn~ I~rae tO can, RezonJng of Tax No. 1460101 EXHIBIT SIX Rife + Wood Architects/Perkins & Will Exterior Views of Patrick Henry High School View from Grandin Road (Note: Landscaping omitted for clarity) Detail of New Main Entrance North Elevation Rezoning of Tax No. 1460101 EXHIBIT SIX Rife + Wood Architects/Perkins & Will Exterior Views of Patrick Henry High School West Elevation (View from Governor's School) East Elevation MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@el.roanoke.ye.us July 9, 2004 File #51 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, July 19, 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 the City of Roanoke to rezone a certain tract of land located at 2102 Grandin Road, S. W., from RS-l, Residential Single-Family District, to INPUD, Institutional Planned Unit Development 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. This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning, Building and Development at 540-853-1730. Sincerely, Stephanie M. Moon,'CM'~C~ Deputy City Clerk SMM:ew N:\CKEW l\Publi¢ Hearings 2004~July 2004~July 2004 Attorney and Adjoining Propety Owners Letters.doc 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 02764706 2102 Grandin Rd. State of virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this __~__day of July 2004. Witness my hand and official seal. ~ ~.~ Notary Public FI;BLISHED ON: 07/02 07/09 GIVEN under my hand th TOTAL COST: 245.82 FILED ON: 07/09/04 .................................................. + ........................... Authorized / Signature :_~ ~,~[A__~___~_~~_____, Bi 11 ing Services Repro sent at ire NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, July 19, 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 of rezoning from RS-l, Residential Single Family District, to INPUD, Institutional Planned Unit Development District, the following property: That certain tract of land located at 2102 Grandin Road, S.W., containing 96.3296 acres, known as Official Tax No. 1460101. 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, July 15, 2004. GIVEN under my hand this 1st day of July ,2004. Mary F. Parker, City Clerk. H:/NOT ICES\N-REZO-CITY PATRICK HENRY 071904 DOC Notice to Publisher: Publish in the Roanoke Times once on Friday, July 2, 2004, and once on Friday, July 9, 2004. Send bill and affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: City of Roanoke, Patrick Henry High School, 2102 Grandin ) Road, S.W., Official Tax No. 1460101, from RS-1 to INPUD ) 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 18th day of May, 2004, notices of a public hearing to be held on the 17th day of June, 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 SEE ATTACHED LISTING Neighborhood Contacts: Tom Hanes, President Dr. R. Douglas Ross, President Greater Raleigh Court Civic League Grandin Road Business Association 1036 Oakwood Drive 1602 Grandin Road, SW Roanoke, VA 24015 Roanoke, VA 24015 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 18th day of May, 2004. Notary Public My Commission Expires: c:~ 1551201 Cao Ming Hua Ren Haiging 1302 Belle Aire Lane Roanoke, VA 24018 1551206 Michelle Peale 5816 Penguin Drive Roanoke, VA 24018 1551204 Ronald and Misty Bingham 2412 Guil~rd Avenue, SW Roanoke, VA 24015 1551207 Lynn C. Wiggington 2424 Guil~rd Avenue,SW Roanoke, VA 24015 1551205 James andJenni~r McLeese 2416 Guil~rd Avenue, SW Roanoke, VA 24015 1551208 Samuel&Jenni~r Draper 2428 Guilford Avenue Roanoke, VA 24015 1551209 James and Patricia Wilson 2432 Guilford Avenue Roanoke, VA 24015 1551210 Robertand Edna Weaver 2436 Guilford Avenue, SW Roanoke, VA 24015 1551211 Carlie V. English 2440 Guilford Avenue Roanoke, VA 24015 1551212 John & Fanny Gearhart 2413 8ridgehaven Trail Richmond, VA 23233 1551213 Robert Lipscomb 2559 Winifrey Drive Roanoke, VA 24018 1551214 John & Patricia Patterson 5903 Castle Rock Road Roanoke, VA 24018 1551215 David Cumins 4145 Partridge Circle, SW Roanoke, VA 24014 1551216 Brenda R. Page 2602 Guil~rd Avenue, SW Roanoke, VA 24015 1551217 Warren & Dinia Pease 2608 Guilford Avenue Roanoke, VA 24015 1551218 Charles and Myrtle Dunn 2612 Guilford Avenue Roanoke, VA 24015 1551219 Alice Tuckwiller 2616 Guilford Avenue Roanoke, VA 24015 1551220 Matin & Sandra Harrison 2620 Guil~rd Avenue Roanoke, VA 24015 1551221 Colin &Judith Lunsford 2624 Guil~rd Avenue Roanoke, VA 24015 1551223 James & Connie Hogan 2702 Guil~rd Avenue Roanoke, VA 24015 1551224 Jeffrey & Deborah Drinkert 2708 Guilford Avenue Roanoke, VA 24015 1551225 Donald and Barbara Bollas 2712 Guil~rd Avenue Roanoke, VA 24015 1551226 JamesandJanetHamrick 2716 Guil~rd Avenue Roanoke, VA 24015 1551227 Jonathon &llona Todd 2720 Guil~rd Avenue Roanoke, VA 24015 1551228 B. L. & Nancy Henderson 222 Rocky Shore Lane Moneta, VA 24121 1551229 Tammy L. Crush 2728 Guil~rd Avenue Roanoke, VA 24015 1551230 Theodore & Dianne Smith 2732 Guil~rd Avenue Roanoke, VA 24015 1551231 Mary Jane Shirley 2802 Guilford Avenue Roanoke, VA 24015 1551232 Terry & Phyllis Clifton 2806 Guilford Avenue Roanoke, VA 24015 1551233 Joseph A. Murray 2810 Guilford Avenue Roanoke, VA 24015 1560501 Alan E. Hoal 225 Heidinger Drive Ca~,NC 27511 1560502 John and Nancy Fudge 2902 Guilford Avenue Roanoke, VA 24015 1560503 Katrina A. Mabery Virginia M. Balserak 2912 Guilford Avenue, SW Roanoke, VA 24015 1560504 Sue C. Lipscomb 2916 Guilford Avenue Roanoke, VA 24015 1560505 Ronald & Margaret Whitlock 2922 Guilford Avenue, SW Roanoke, VA 24015 1560506 Edward & Hannah Gloria 2928 Guil~rd Avenue Roanoke, VA 24015 1560507 Daniel& Laura Foutz 3002 Guilford Avenue Roanoke, VA 24015 1560508 OliviaI. Byrd 3006 Guil~rd Avenue Roanoke, VA 24015 1560509 K. R. &J. W.Cunningham 3010 Guilford Avenue Roanoke, VA 24015 1560510 Thomas & Alice Lambdon 3014 Guilford Avenue Roanoke, VA 24015 1560512,1560811 R.E.& Corinne St. George 2415 Oregon Avenue Roanoke, VA 24015 1370102 Shenandoah Li~ Ins. Co. P O Box 12847 Roanoke, VA 24029 1370901 Geoffrey & SusanJennings 1744 Blair Road Roanoke, VA 24015 1370701 Richard & Kathleen Lorenz 1743 Blair Road Roanoke, VA 24015 1370707 James & Dana George 2340 Blenheim Road Roanoke, VA 24015 1370306 Douglas & Evie Robison 2517 Mt. Vernon Road Roanoke, VA 24015 1370307 Gilles & RachelBraussen 2513 Mt. Vernon Road Roanoke, VA 24015 1370308 Jon & Wendy McNeece 2507 Mt. Vernon Road Roanoke, VA 24015 137O3O9 Jeannie E. Hurt 2501 Mt. Vernon Road Roanoke, VA 24015 1350302 Jimmy W. Farley 2429 Mt. Vernon Road Roanoke, VA 24015 1350301 SamuelF. Vance, lll 1640 PersingerRoad Roanoke, VA 24015 1350311 Kermit & Elizabeth Hale 2222 Blenheim Road Roanoke, VA 24015 1350312 William & Norma Horn 2216 Blenheim Road Roanoke, VA 24015 1350307 Ronald & Shirley Henderson 2421 Mt. Vernon Road Roanoke, VA 24015 1350209 Michael& AprilSnow 1639 Persinger Road Roanoke, VA 24015 1350201 Harriett G. Vance 1656 Center Hill Road Roanoke, VA 24015 1350114 Christopher & Kelly Kaze 1647 Center Hill Road Roanoke, VA 24015 1450729 Cinda D. Brown 1702 Brandon Avenue Roanoke, VA 24015 1450727 Dale & Lora Wilkinson 1710 Brandon Avenue, SW Roanoke, VA 24015 1450726 Jack & Ruth Meadows 1714 Brandon Avenue, SW Roanoke, VA 24015 1450725,722,711 Frances Kastler 1822 Mayfield Drive Roanoke, VA 24014 1450724 Bruce & Patricia Tolson 1806 Brandon Avenue, SW Roanoke, VA 24015 1450723 John D. Brown 1810 Brandon Avenue Roanoke, VA 24015 1450721 George C. Koss 2854 Fairway Forest Circle Salem, VA 24153 1450720 Michael& Cathy Pegram 1824 Brandon Avenue Roanoke, VA 24015 1450719 Mark E. Barker 1828 Brandon Avenue Roanoke, VA 24015 1450718 Sandra K. Chilman 1832 Brandon Avenue Roanoke, VA 24015 1450717 Gerald & Drue Danz 1836 Brandon Avenue Roanoke, VA 24015 1450716 Nancy B. Williams Li~ Est. 1840 Brandon Avenue Roanoke, VA 24015 1450715, 714, 713 Alleta M. Everett 103 Fourth Street Bluefield, WV 24701 1450712 Minnie J. Williams 1994 Browns Gap Tnpk. Charlottesville, VA 22901 1450710 MichaelL. Holland 1918 Brandon Avenue Roanoke, VA 24015 1450709 Vernon E. Jolley, Jr. 1922 Brandon Avenue Roanoke, VA 24015 1450706 Darrell R. Craighead P O Box 1373 Salem, VA 24153 1450708 Claude & Mary Hodges 1926 Brandon Avenue Roanoke, VA 24015 1450705,704 Curtis E.& Ellen F. Fuller 1942 Brandon Avenue Roanoke, VA 24015 1450707 Buddy D. Mason James M. George 110 E. First Street Salem, VA 24153 1450701, 315, 314, 313 Trustees of the Unitarian Universalist Church of Roanoke 2015 Grandin Road, SW Roanoke, VA 24015 1450214 David A. Rogers 2103 Grandin Road Roanoke, VA 24015 1540424 Elaine Noell 2201Grandin Road Roanoke, VA 24015 1540521 Curtis E. Fooks Nan Rae Marion 2231 Grandin Road Roanoke, VA 24015 1540518 Herbert H. Smith, II 5551 Catawba Valley Drive Catawba, VA 24070 1450213 Judith E. Christophel 2111Grandin Road Roanoke, VA 24015 1540523 Neale & Mary Huff 2215 Grandin Road Roanoke, VA 24015 1540520 Jeffrey & Christina Hatch 2239 Grandin Road Roanoke, VA 24015 1540324 Craig & Barbara W. Johnson 2343 Carter Road Roanoke, VA 24015 1450212 George & Elizabeth Marsh 2121Grandin Road Roanoke, VA 24015 1540522 Diana K. Kyle Robert K. Salyer 2223 Grandin Road Roanoke, VA 24015 1540519 Timothy &Jenni~r Callahan 2243 Grandin Road Roanoke, VA 24015 1540330 Trustees ofSt. Elizabeth Episcopal Church P O Box 4706 Roanoke, VA 24015 T~r~ Ha~es, President Greater Raleigh Court Civic League 1036 Oakwood Drive Roanoke, VA 24015 Dr. R. Douglas Ross, President Grandin Road Business Association 1602 Grandin Road, SW Roanoke, VA 24015 ! 560901 City of Roanoke Woodlawn Park 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 heahng on Thursday, June 17, 2004, at 1:30 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., to consider the following: Request from the City of Roanoke to rezone 2102 Grandin Road, S.W., Official Tax No. 1460101, from RS-1, Residential Single Family District, to INPUD, Institutional Planned Unit Development District. A copy of the application is available for review in the Depamnent of Planning Building and Development, Room 166, Noel C. Taylor Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person who needs accommodations for this heating, please contact the Department of Planning Building and Development at 853-1730 before 12:00 noon on the Monday before the date of the hearing listed above. Martha P. Franklin, Secretary Planning Commission Please print in newspaper on Tuesday, June 1 and 8, 2004 Please charge to credit card (on file) 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 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) g53-I 145 E-mail: clcrk(~ci.roanok¢.va.us June 7, 2004 File #51 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Robert B. Manetta, Chair City Planning Commission 2831 Stephenson Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Manetta: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an amended petition received in the City Clerk's Office on June 7, 2004, from Darlene L. Burcham, City Manager, requesting that a tract of land located at 2102 Grandin Road, S. W., identified as Official Tax No. 1460101, be rezoned from RS-l, Residential Single-Family District, to INPUD, Institutional Planned Unit Development District subject to certain proffered conditions. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosures N:\CKEW 1LKezonings - Street Alley Closing 04~may 2004\City of Roanoke - 2102 Grandin Road, S. W. 2.doc Robert B. Manetta June 7, 2004 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Darlene L. Burcham, City Manager Susan S. Lower, 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 N:\CKEW I hRezonings - Street Alley Closing 04~may 2004\City of Roanoke - 2102 Grandin Road, S. W. 2.doc FIRST AMENDED PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA INRE: Rezoning ora tract of land lying at 2102 Grandin Road, SW, Tax No. 1460101, from RS-1 to 1NPUD. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, the City of Roanoke, owns land in the City of Roanoke containing 96.3296 acres, more or less, located at 2102 Grandin Road, SW, Tax No. 1460101. Said tract is currently zoned RS-i, Residential, Single-Family. A map of the property to be rezoned is attached as Exhibit One. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as mended, the Petitioner requests that the said property be rezoned from RS-1, Residential, Single-Family District, to INPUD, Institutional Planned Unit Development District for the purpose of the reconstruction of Patrick Henry High School. The plan for reconstructing Patrick Henry High School calls for ten of the current eleven buildings on the campus to be demolished, with a new 330,000 sf building to be constructed to replace the demolished buildings. The current Site Plan is shown in the attached Exhibit Three. Exterior renderings of the proposed school are shown on the attached Exhibit Six. The petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and it will abide by, the following conditions: 1. The property will be developed in substantial conformity with the Site Plan prepared by Rife + Wood Architects dated April 2, 2004, a copy of which is attached to this Petition for Rezoning as Exhibit Four and the Utility Plan prepared by Rife + Wood Architects dated April 2, 2004, a copy of which is attached to this Petition for Rezoning as Exhibit Five, subject to any changes required by the City duhng comprehensive site plan review. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will redevelop an existing developed site within the City rather than consume undeveloped land that can be utilized for some other purpose in the future. Utilization of this site also makes use of the existing utility, road and public transportation systems, thereby minimizing urban sprawl. The reconstruction of Patrick Henry on this site will reinforce the City's system of neighborhood schools, making the City a more attractive place to live and encouraging reinvestment in the surrounding neighborhoods. The rezoning of the said tract of land to 1NPUD will allow for the more efficient use of the site, including the construction of a three-story building. Attached as Exhibit Two 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 property to be rezoned. WHEREFORE, the Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this Fourth day of June, 2004. By: Respectfully submitted, City Manager Darlene L. Burcham, City Manager City of Roanoke 215 Church Avenue, SW Room 364 Roanoke, VA 24011 Map Output Page 1 of I Exhibit One - Rezonin~ Petition for Tax No. 1460101 n;Tp:i/..g~S.rOG r',oKego','.oomiservie;/Co nq esrl.esrlm~p.,' srlrc,~ p f ~erv~ce['4ame... Exhibit Two - Rezoning Petition for Tax No. 1460101 List of Adjacent Property Owners I Tax No Street Address Owner ] 1551201 2326 Grandin Road Cao Ming Hua & Ren Haiqing Roanoke, VA 24015 1302 Belle Aire Lane - Rke, VA 24018 1551204 1551205 1551206 1551207 2412 Guilford Avenue Roanoke, VA 24015 2416 Guilford Avenue Roanoke, VA 24015 2420 Guilford Avenue Roanoke, VA 24015 2424 Guilford Avenue Roanoke, VA 24015 Ronald A. & Misty S. Bingham (same as street address) James M. & Jennifer L. McLeese (same as street address) Michelle Peale 5816 Penguin Drive - Rke, VA 24018 Lynn C. Wiggington (same as street address) 1551208 2428 Guilford Avenue Samuel T. & Jennifer W. Draper Roanoke, VA 24015 (same as street address) 1551209 2432 Guilford Avenue James M. & Patricia G. Wilson Roanoke, VA 24015 (same as street address) 1551210 2436 Guilford Avenue Robert L. & Edna L. Weaver Roanoke, VA 24015 (same as street address) 1551211 2440 Guilford Avenue Carlie V. English Roanoke, VA 24015 (same as street address) 1551212 1551213 1551214 1551215 Guilford Avenue Roanoke, VA 24015 2502 Guilford Avenue Roanoke, VA 24015 2506 Guilford Avenue Roanoke, VA 24015 2512 Guilford Avenue Roanoke, VA 24015 2602 Guilford Avenue Roanoke, VA 24015 2608 Guilford Avenue Roanoke, VA 24015 2612 Guilford Avenue Roanoke, VA 24015 1551216 1551217 1551218 John I. & Fanny L. Gearhart 2413 Bridgehaven Trail - Richmond, VA 23233 Robert Lipscomb 2559 Winifrey Drive - Rke, VA 24018 John R. & Patricia W. Patterson 5903 Castle Rock Rd - Rke, VA 24018 David K. Cumins 5145 Partridge Circle S W - Rke, VA 24014 Brenda R. Page (same as street address) Warren S. & Dinia M. Pease (same as street address) Charles B. & Myrtle S. Dunn (same as street address) 1551219 2616 Guilford Avenue Alice C. Tuckwiller Roanoke, VA 24015 (same as street address) 1551220 2620 Guilford Avenue Marvin C. & Sandra S. Harrison Roanoke, VA 24015 (same as street address) 1551221 2624 Guilford Avenue Colin P. & Judith C. Lunsford Roanoke, VA 24015 (same as street address) 1551223 2702 Guilford Avenue James E. & Connie L. Hogan Roanoke, VA 24015 (same as street address) 1551224 2708 Guilford Avenue Jeffrey O. & Deborah A. Drinkert Roanoke, VA 24015 (same as street address) 1551225 2712 Guilford Avenue Donald R. & Barbara Jean Bollas Roanoke, VA 24015 (same as street address) Page 1 Exhibit Two - Rezoning Petition for Tax No. 1460101 List of Adjacent Property Owners Tax No 1551226 1551227 1551228 1551229 1551230 1551231 1551232 1551233 1560501 1560502 1560503 1560504 1560505 1560506 1560507 1560508 1560509 1560510 1560512 1560811 1370102 Street Address Owner 2716 Guilford Avenue Roanoke, VA 24015 2720 Guilford Avenue Roanoke, VA 24015 2724 Guilford Avenue Roanoke, VA 24015 2728 Guilford Avenue Roanoke, VA 24015 2732 Guilford Avenue Roanoke, VA 24015 2802 Guilford Avenue Roanoke, VA 24015 2806 Guilford Avenue Roanoke, VA 24015 2810 Guilford Avenue Roanoke, VA 24015 2816 Guilford Avenue Roanoke, VA 24015 2902 Guilford Avenue Roanoke, VA 24015 James L. & Janet J. Hamrick (same as street address) Jonathon B. & Ilona M. Todd (same as street address) Benjamin L. & Nancy B. Henderson 222 Rocky Shore Lane - Moneta, VA 24121 Tammy L. Crush (same as street address) Theodore M. & Dianne W. Smith (same as street address) Mary Jane Shirley (same as street address) Terry L. & Phyllis M. Clifton (same as street address) Joseph A. Murrary (same as street address) Alan E. Hoal 225 Heidinger Dr. - Cary, NC 27511 John P. & Nancy J. Fudge (same as street address) 2912 Guilford Avenue Katrina A. Mabery & Virginia M. Balserak Roanoke, VA 24015 (same as street address) 2916 Guilford Avenue Sue C. Lipscomb Roanoke, VA 24015 (same as street address) 2922 Guilford Avenue Roanoke, VA 24015 2928 Guilford Avenue Roanoke, VA24015 3002 Guilford Avenue Roanoke, VA24015 3006 Guilford Avenue Roanoke, VA24015 3010 Guilford Avenue Roanoke, VA24015 Ronald D. & Margaret Whitlock (same as street address) Edward F. & Hannah Gloria (same as street address) Daniel R. & Laura A. Foutz (same as street address) Olivia I. Byrd (same as street address) Kevin R. & Jennifer W. Cunningham (same as street address) 3014 Guilford Avenue Thomas H. & Alice L. Lambdon Roanoke, VA 24015 (same as street address) 3022 Guilford Avenue Roanoke, VA 24015 Oregon Ave vacant lot) 2301 Brambleton Avenue Roanoke, VA 24015 R. Edward & Corinne F. St. George 2415 Oregon Ave. - Rke, VA 24015 Shenandoah Life Insurance P.O. Box 12847 - Rke, VA 24029 1370901 1744 Blair Road Geoffrey & Susan W. Jennings Roanoke, VA 24015 (same as street address) Page 2 Exhibit Two - Rezoning Petition for Tax No. 1460101 List of Adjacent Property Owners Tax No Street Address Owner 1370701 1370707 1370306 1370307 1370308 1370309 1350302 1350301 1350311 1350312 1350307 1350209 1350201 1743 Blair Road Roanoke, VA 24015 2340 Blenheim Road Roanoke, VA24015 2517Mt. Vemon Road Roanoke, VA24015 2513Mt. Vemon Road Roanoke, VA24015 2507Mt. Vemon Road Roanoke, VA24015 2501Mt. Vemon Road Roanoke, VA24015 2429Mt. Vemon Road Roanoke, VA24015 1640 Persinger Roanoke, VA24015 2222 Blenheim Road Roanoke, VA24015 2216 Blenheim Road Roanoke, VA24015 2421Mt. Vemon Road Roanoke, VA24015 1639 Persinger Road Roanoke, VA24015 1656 Center Hill Road Roanoke, VA24015 1350114 1647 Center Hill Road Roanoke, VA24015 1450729 1450727 1450726 1450725 1450724 1450723 1450722 1450721 1702 Brandon Avenue Roanoke, VA 24015 1710BrandonAvenue Roanoke, VA24015 1714 BrandonAvenue Roanoke, VA24015 1802 BrandonAvenue Roanoke, VA24015 1806 BrandonAvenue Roanoke, VA24015 1810 Brandon Avenue Roanoke, VA 24015 l 814 Brandon Avenue Roanoke, VA 24015 1818 Brandon Avenue Roanoke, VA 24015 Richard J. & Kathleen D. Lorenz (same as street address) James M. & Dana M. George (same as street address) Douglas B. & Evie Robison (same as street address) Gilles & Rachel Braussen (same as street address) Jon G. & Wendy L. McNeece (same as street address) Jeannie E. Hurt (same as street address) Jimmy W. Farley (same as street address) Samuel F. Vance, III (same as street address) Kermit E. & Elizabeth B. Hale (same as street address) William A. & Norma J. Horn (same as street address) Ronald Ray & Shirley C. Henderson (same as street address) Michael P. & April M. Snow (same as street address) Harriet G. Vance (same as street address) Christopher W. & Kelly B. Kaze (same as street address) Cinda D. Brown (same as street address) Dale E. & Lora J. Wilkinson (same as street address) Jack T. & Ruth N. Meadows (same as street address) Frances Kastler 1822 Mayfield Dr. - Rke, VA 24014 Bruce A. & Patricia B. Tolson (same as street address) John D. Brown (same as street address) Frances Kastler 1822 Mayfield Dr. - Rke, VA 24014 George C. Koss 2854 Fairway Forest Cir. - Salem, VA 24153 Page 3 Exhibit Two - Rezoning Petition for Tax No. 1460101 List of Adjacent Property Owners Tax No Street Address Owner 1450720 1824 Brandon Avenue Roanoke, VA 24015 1450719 1828 Brandon Avenue Roanoke, VA 24015 1450718 1450717 1450716 1832 BrandonAvenue Roanoke, VA24015 1836 Brandon Avenue Roanoke, VA 24015 1840 Brandon Avenue Roanoke, VA 24015 Michael W. & Cathy L. Pegram (same as street address) Mark E. Barker (same as street address) Sandra K. Chilman (same as street address) Gerald W. & Dine H. Danz (same as street address) Nancy B. Williams, Life Estate (same as street address) 1450715 Brandon Avenue AlletaM. Everett Roanoke, VA24015 103 Fourth St.- Bluefield, WV24701 1450714 1902 Brandon Avenue AlletaM. Everett (vacantlot) 103 Fourth St.- Bluefield, WV24701 1450713 1450712 Brandon Avenue (vacant lot) 1910 Brandon Avenue Roanoke, VA 24015 1914 Brandon Avenue Roanoke, VA 24015 1918 Brandon Avenue Roanoke, VA 24015 1450711 1450710 Alleta M. Everett 103 Fourth St. - Bluefield, WV 24701 Minnie J. Williams 1994 Browns Gap Tp - Charlottesville, VA 22901 Frances Kastler 1822 Mayfield Dr. - Rke, VA 24014 Michael L. Holland (same as street address) 1450709 1922 Brandon Avenue Vernon E. Jolley, Jr. Roanoke, VA 24015 (same as street address) 1450708 1926 Brandon Avenue Claude E. & Mary C. Hodges Roanoke, VA 24015 (same as street address) 1450707 1930 Brandon Avenue Buddy D. Mason & James M. George Roanoke, VA 24015 110 E. First St. - Salem, VA 24153 1450706 1934 Brandon Avenue Darrell R. Craighead Roanoke, VA 24015 P.O. Box 1373 - Salem, VA 24153 1450705 1938 Brandon Avenue Curtis E. Fuller Roanoke, VA 24015 1942 Brandon Ave. - Rke, VA 24015 1450704 1942 Brandon Avenue Curtis E. & Ellen F. Fuller Roanoke, VA 24015 (same as street address) 1450701 Trustees of the Unitarian Universalist 1450315 2015 GrandinRoad ChurchofRoanoke 1450314 Roanoke, VA 24015 2015 Grandin Road - Rke, VA 24015 1450313 1450214 2103 Grandin Road David A. Rogers Roanoke, VA 24015 (same as street address) 1450213 2111 Grandin Road Roanoke, VA 24015 1450212 2121 Grandin Road Roanoke, VA 24015 Judith E. Christophel (same as street address) George W. & Elizabeth W. Marsh (same as street address) Page 4 Exhibit Two - Rezoning Petition for Tax No. 1460101 List of Adjacent Property Owners Tax No 1540524 1540523 1540522 1540521 1540520 1540519 1540518 1540324 1540330 1560901 Street Address 2201 Grandin Road Roanoke, VA 24015 2215 Grandin Road Roanoke, VA 24015 2223 Grandin Road Roanoke, VA 24015 2231 Grandin Road Roanoke, VA 24015 2239 Grandin Road Roanoke, VA 24015 2243 Grandin Road Roanoke, VA 24015 2255 Grandin Road Roanoke, VA 24015 2343 Carter Road Roanoke, VA 24015 2371 York Road Roanoke, VA 24015 : Montgomery Avenue Owner Elaine A. Noell (same as street address) Neale J. & Mary A. Huff (same as street address) Diana K. Kyle & Robert K. Salyer (same as street address) Curtis E. Fooks & Nan Rae Marion (same as street address) Jeffrey J. & Christina B. Hatch (same as street address) Timothy S. & Jennifer L. Callahan (same as street address) Herbert H. Smith, II 5551 Catawba Valley Dr. - Catawba, VA 24070 Craig A. & Barbara W. Johnson (same as street address) Trustees of St. Elizabeth's Episcopal Church P.O. Box 4706 - Rke, VA 24015 Woodlawn Park City of Roanoke Page 5 Rezoning of Tax No. 1460101 EXHIBIT SIX Rife + Wood Architects/Perkins & Will Exterior Views o! PaMck Henry High School View from Grandin Road (Note: Landscaping omitted for clarity) Detail of New Main Entrance North Elevation Rezoning of Tax No. 1460101 EXHIBIT SIX Rife + Wood Architects/Perkins & Will Exterior Views o! Patrick Henry High School West Elevation (View from Governor's School) East Elevation MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk~ci.roanoke.va.us May 6, 2004 File #51 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Robert B. Manetta, Chair City Planning Commission 2831 Stephenson Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Marietta: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition received in the City Clerk's Office on May 6, 2004, from Darlene L. Burcham, City Manager, requesting that a tract of land located at 2102 Grandin Road, S. W., containing 96.3296 acres, more or less, identified as Official Tax No 1460101, be rezoned from RS-l, Residential Single- Family District, to INPUD, Institutional Planned Unit Development District. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosures N:\CKEW 1 ~Rezonings - Street Alley Closing 04~nay 2004\City of Roanoke - 2102 Grandin Road, S. W..doc Robert B. Manetta May 6, 2004 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Darlene L. Burcham, City Manager Susan S. Lower, 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 N:\CKEW 1 ~Rezonings - S~reet Alley Closing 04\may 2004\City of Roanoke - 2102 Grandin Road, S. W..dec PETITION TO REZONE 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA INRE: Rezoning of a tract of land lying at 2102 Grandin Road, SW, Tax No. 1460101, from RS-1 to INPUD. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, the City of Roanoke, owns land in the City of Roanoke containing 96.3296 acres, more or less, located at 2102 Grandin Road, SW, Tax No. 1460101. Said tract is currently zoned RS- 1, Residential, Single-Family. A map of the property to be rezoned is attached as Exhibit One. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from RS-1, Residential, Single-Family District, to 1NPUD, Institutional Planned Unit Development District for the purpose of the reconstruction of Patrick Henry High School. The plan for reconstructing Patrick Henry High School calls for ten of the current eleven buildings on the campus to be demolished, with a new 330,000 sfbuilding to be constructed to replace the demolished buildings. The current Site Plan is shown in the attached Exhibit Three. The proposed Site Plan is shown in the attached Exhibit Four. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will redevelop an existing developed site within the City rather than consume undeveloped land that can be utilized for some other purpose in the future. Utilization of this site also makes use of the existing utility, road and public transportation systems, thereby minimizing urban sprawl. The reconstruction of Patrick Henry on this site will reinforce the City's system of neighborhood schools, making the City a more attractive place to live and encouraging reinvestment in the surrounding neighborhoods. The rezoning of the said tract of land to INPUD will allow for the more efficient use of the site, including the construction of a three-story building. Attached as Exhibit Two 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 property to be rezoned. WHEREFORE, the Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this Sixth day of May, 2004. Respectfully submitted, By:~~ Darlene L. Burcham, City Manager City of Roanoke 215 Church Avenue, SW Room 364 Roanoke, VA 24011 MapOutput Page of 1 Exhibit One http://gis.roanokegov.com/servlet/com.esri.esrimap. Esrimap?ServiceName... 4/9/2004 Exhibit Two Rezoning Petition for Tax No. 1460101 List of Adjacent Property Owners 1551201 2326 Grandin Road Roanoke, VA24015 Cao Ming Hua & Ren Haiqing 1302 Belle Aire Lane Rke, VA 24018 1551204 2412 Guilford Avenue Ronald A. & Misty S. Bingham Roanoke, VA 24015 (same as street address) 1551205 2416 Guilford Avenue James M. & Jennifer L. McLeese Roanoke, VA 24015 (same as street address) 1551206 2420 Guilford Avenue Matthew F. & Mary L. Richardson Roanoke, VA 24015 5816 Penguin Drive - Rke, VA 24018 1551207 2424 Guilford Avenue Lynn C. Wiggington Roanoke, VA 24015 (same as street address) 1551208 2428 Guilford Avenue Samuel T. & Jennifer W. Draper Roanoke, VA 24015 (same as street address) 1551209 2432 Guilford Avenue James M. & Patficia G. Wilson Roanoke, VA 24015 (same as street address) 1551210 2436 Guilford Avenue Robert L. & Edna L. Weaver Roanoke, VA 24015 (same as street address) 1551211 2440 Guilford Avenue Carlie V. English Roanoke, VA 24015 (same as street address) 1551212 2444 Guilford Avenue John I. & Fanny L. Gearhart Roanoke, VA 24015 2413 Bridgehaven Trail - Richmond, VA 23233 1551213 1551214 1551215 2502 Guilford Avenue Roanoke, VA24015 2506 Guilford Avenue Roanoke, VA24015 2512 Guilford Avenue Roanoke, VA24015 2602 Guilford Avenue Roanoke, VA 24015 1551216 Robert Lipscomb 2559 Winifrey Drive - Rke, VA 24018 John R. & Patricia W. Patterson 5903 Castle Rock Rd - Rke, VA 24018 David K. Cumins 5146 Partridge Circle - Rke, VA 24014 Brenda R. Page (same as street address) 1551217 2608 Guilford Avenue Warren S. & Dinia M. Pease Roanoke, VA 24015 (same as street address) 1551218 2612 Guilford Avenue Charles B. & Myrtle S. Dunn Roanoke, VA 24015 (same as street address) 1551219 2616 Guilford Avenue Alice C. Tuckwiller Roanoke, VA 24015 (same as street address) 1551220 2620 Guilford Avenue Marvin C. & Sandra S. Harrison Roanoke, VA 24015 (same as street address) 1551221 2624 Guilford Avenue Colin P. & Judith C. Lunsford Roanoke, VA 24015 (same as street address) 1551223 2702 Guilford Avenue James E. & Connie L. Hogan Roanoke, VA 24015 (same as street address) 1551224 2708 Guilford Avenue Jeffrey O. & Deborah A. Drinkert Roanoke, VA 24015 (same as street address) 1551225 2712 Guilford Avenue Donald R. & Barbara Jean Bollas Roanoke, VA 24015 (same as street address) Page 1 Exhibit Two - Rezoning Petition for Tax No. 1460101 List of Adjacent Property Owners 1551226 2716 Guilford Avenue Roanoke, VA24015 James L. & Janet J. Hamrick (same as street address) 1551227 2720 Guilford Avenue Jonathon B. & Ilona M. Todd Roanoke, VA 24015 (same as street address) 1551228 2724 Guilford Avenue Benjamin L. & Nancy B. Henderson Roanoke, VA 24015 222 Rocky Shore Lane - Moneta, VA 24121 1551229 2728 Guilford Avenue Tammy L. Crash Roanoke, VA 24015 (same as street address) 1551230 2732 Guilford Avenue Theodore M. & Dianne W. Smith Roanoke, VA 24015 (same as street address) 1551231 2802 Guilford Avenue Mary Jane Shirley Roanoke, VA 24015 (same as street address) 1551232 ' 2806 Guilford Avenue Terry L. & Phyllis M. Clifton Roanoke, VA 24015 (same as street address) 1551233 2810 Guilford Avenue Joseph A. Murrary Roanoke, VA 24015 (same as street address) 1560501 2816 Guilford Avenue Roanoke, VA 24015 2902 Guilford Avenue Roanoke, VA 24015 1560502 Alan E. Hoal 225 Heidinger Dr. - Cary, NC 27511 John P. & Nancy J. Fudge (same as street address) 1560503 2912 Guilford Avenue Katrina A. Mabery & Virginia M. Balserak Roanoke, VA 24015 (same as street address) 1560504 2916 Guilford Avenue Sue C. Lipscomb Roanoke, VA 24015 (same as street address) 1560505 2922 Guilford Avenue Ronald D. & Margaret Whitlock Roanoke, VA 24015 (same as street address) 1560506 2928 Guilford Avenue Edward F. & Hannah Gloria Roanoke, VA 24015 (same as street address) 1560507 3002 Guilford Avenue Daniel R. & Laura A. Foutz Roanoke, VA 24015 (same as street address) 1560508 3006 Guilford Avenue Olivia I. Byrd Roanoke, VA 24015 (same as street address) 1560509 3010 Guilford Avenue Kevin R. & Jennifer W. Cunningham Roanoke, VA 24015 (same as street address) 1560510 3014 Guilford Avenue Thomas H. & Alice L. Lambdon Roanoke, VA 24015 (same as street address) 1560512 3022 Guilford Avenue R. Edward & Corinne F. St. George Roanoke, VA 24015 2415 Oregon Ave. - Rke, VA 24015 1560811 Oregon Ave (vacant lot) 1370102 2301Brambleton Avenue Roanoke, VA24015 R. Edward & Corinne F. St. George 2415 Oregon Ave. - Rke, VA 24015 Shenandoah Life Insurance P.O. Box 12847 Rke, VA 24029 1370901 1744 Blair Road Geoffrey & Susan W. Jennings Roanoke, VA 24015 (same as street address) Page 2 Exhibit Two - Rezoning Petition for Tax No. 1460101 List of Adjacent Property Owners 1370701 1743 Blair Road Roanoke, VA24015 Richard J. & Kathleen D. Lorenz (same as street address) 1370707 2340 Blenheim Road James M. & Dana M. George Roanoke, VA 24015 (same as street address) 1370306 2517 Mt. Vernon Road Douglas B. & Evie Robison Roanoke, VA 24015 (same as street address) 1370307 2513 Mt. Vernon Road Gilles & Rachel Braussen Roanoke, VA 24015 (same as street address) 1370308 2507 Mt. Vernon Road Jon G. & Wendy L. McNeece Roanoke, VA 24015 (same as street address) 1370309 2501 Mt. Vernon Road Jeannie E. Hurt Roanoke, VA 24015 (same as street address) 1350302 2429 Mt. Vernon Road Jimmy W. Farley Roanoke, VA 24015 (same as street address) 1350301 2421 Mt. Vernon Road Ronald R. Henderson & Shirley Cawley Roanoke, VA 24015 (same as street address) 1350311 2222 Mt. Vernon Road Kermit E. & Elizabeth B. Hale Roanoke, VA 24015 (same as street address) 1350312 2216 Blenheim Road William A. & Norma J. Horn Roanoke, VA 24015 (same as street address) 1350307 1640 Persinger Road Samuel L. Vance, III Roanoke, VA 24015 (same as street address) 1350209 1639 Persinger Road Michael P. & April M. Snow Roanoke, VA 24015 (same as street address) 1350201 1656 Center Hill Road Harriet G. Vance Roanoke, VA 24015 (same as street address) 1350114 1450729 1450727 1450726 1450725 1647 Center Hill Road Roanoke, VA 24015 1702BrandonAvenue Roanoke, VA24015 1710 BrandonAvenue Roanoke, VA24015 1714 Brandon Avenue Roanoke, VA 24015 1802 Brandon Avenue Roanoke, VA 24015 1806 Brandon Avenue Roanoke, VA 24015 1450724 Christopher W. & Kelly B. Kaze (same as street address) Cinda D. Brown (same as street address) Dale E. & Lora J. Wilkinson (same as street address) Jack T. & Ruth N. Meadows (same as street address) Frances Kastler 1822 Mayfield Dr. - Rke, VA 24014 Bruce A. & Patricia B. Tolson (same as street address) 1450723 1810 Brandon Avenue John D. Brown Roanoke, VA 24015 (same as street address) 1450722 1814 BrandonAvenue Frances Kastler Roanoke, VA 24015 1822 Mayfield Dr. Rke, VA 24014 1450721 1818 Brandon Avenue George C. Koss Roanoke, VA 24015 2854 Fairway Forest Cir. - Salem, VA 24153 Page 3 Exhibit Two - Rezoning Petition for Tax No. 1460101 List of Adjacent Property Owners 1450720 1450719 1450718 1450717 1450716 1450715 1824 Brandon Avenue Roanoke, VA24015 1828BrandonAvenue Roanoke, VA 24015 1832 Brandon Avenue Roanoke, VA 24015 1836 Brandon Avenue Roanoke, VA 24015 1840 Brandon Avenue Roanoke, VA 24015 1902 Brandon Avenue Roanoke, VA 24015 Michael W. & Cathy L. Pegram (same as street address) Mark E. Barker (same as street address) Sandra K. Chilman (same as street address) Gerald W. & Drue H. Danz (same as street address) Nancy B. Williams (same as street address) Alleta M. Everett 103 Fourth St. Bluefield, WV 24701 1450714 Brandon Avenue Alleta M. Everett (vacant lot) 103 Fourth St. - Bluefield, WV 24701 1450713 Brandon Avenue Alleta M. Everett (vacant lot) 103 Fourth St.- Bluefield, WV 24701 1450712 1450711 1910 BrandonAvenue Roanoke, VA24015 1914 BrandonAvenue Roanoke, VA24015 Minnie J. Williams 1994 Browns Gap Tp Charlottesville, VA 22901 Frances Kastler 1822 Mayfield Dr. - Rke, VA 24014 1450710 1918 Brandon Avenue Michael L. Holland Roanoke, VA 24015 (same as street address) 1450709 1922 Brandon Avenue Vernon E. Jolley, Jr. Roanoke, VA 24015 (same as street address) 1450708 1926 Brandon Avenue Claude E. & Mary C. Hodges Roanoke, VA 24015 (same as street address) 1450707 1930 Brandon Avenue Buddy D. Mason & James M. George Roanoke, VA 24015 110 E. First St. Salem, VA 24153 1450706 1934 Brandon Avenue Darrell R. Craighead Roanoke, VA 24015 P.O. Box 1373 - Salem, VA 24153 1450705 1938 Brandon Avenue Curtis E. Fuller Roanoke, VA 24015 1942 Brandon Ave. - Rke, VA 24015 1450704 1942 Brandon Avenue Curtis E. & Ellen F. Fuller Roanoke, VA 24015 (same as street address) 1450701 Trustees of the Unitarian Universalist 1450315 2015 GrandinRoad ChurchofRoanoke 1450314 Roanoke, VA 24015 2015 Grandin Road- Rke, VA 24015 1450313 1450214 2103 Grandin Road Roanoke, VA 24015 2111 Grandin Road Roanoke, VA 24015 1450213 David A. Rogers (same as street address) Judith E. Christophel (same as street address) 1450212 2121 Grandin Road George W. & Elizabeth W. Marsh Roanoke, VA 24015 (same as street address) Page 4 Exhibit Two - Rezoning Petition for Tax No. 1460101 List of Adjacent Property Owners 1450524 1450523 1450522 1450521 1450520 1540519 1540518 1540324 1540330 2201 Grandin Road Roanoke, VA 24015 2215 Grandin Road Roanoke, VA 24015 2223 Grandin Road Roanoke, VA 24015 2231 Grandin Road Roanoke, VA 24015 2239 Grandin Road Roanoke, VA 24015 2243 Grandin Road Roanoke, VA 24015 2255 Grandin Road Roanoke, VA 24015 2343 Center Road Roanoke, VA 24015 2371 York Road Roanoke, VA 24015 Elaine A. Noell (same as street address) Neale J. & Mary A. Huff (same as street address) Diana K. Kyle & Robert K. Salyer (same as street address) Curtis E. Fooks & Nan Rae Marion (same as street address) Jeffrey J. & Christina B. Hatch (same as street address) Timothy S. & Jennifer L. Callahan (same as street address) Herbert H. Smith, I1 5551 Catawba Valley Dr. - Catawba, VA 24070 Craig A. & Barbara W. Johnson (same as street address) Trustees of St. Elizabeth's Episcopal Church P.O. Box 4706 - Rke, VA 24015 Page 5 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avanu¢, S.W., Room 456 Roanoke, Virginia 24011-I 536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: ¢lcrk~ci.roanok¢.va.us August6,2004 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk The Honorable Evelyn W. Powers City Treasurer Roanoke, Virginia The Honorable Sherman A. Holland Commissioner of the Revenue Roanoke, Virginia Dear Ms. Powers and Mr. Holland: I am attaching an executed copy of Resolution No. 36796-071904, which was adopted by the Council of the City of Roanoke at a regular meeting on Monday, July 19, 2004, exempting from real estate taxation certain property described as Official Tax Nos. 1113202 and 1113201, owned by the League of Older Americans, Inc., an organization devoted exclusively to charitable or benevolent purposes on a non-profit basis. In consideration of Council's adoption of the ordinance, the Applicant has voluntarily agreed to pay each year a service charge in an amount equal to 20 percent of the City of Roanoke's real estate tax levy, which would be applicable to the property were the property not exempt from such taxation, for so long as the property is exempted from such taxation. With kindest personal regards, I am Sincerely, Mary F. Parker, CMC City Clerk MFP:snh Attachment pc: Rae Campbell, President, Board of Directors, League of Older Americans, Inc. 706 Campbell Avenue, S. W., Roanoke, Virginia 24016 Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Susan S. Lower, Director, Real Estate Valuation IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of July, 2004. No. 36796-071904. AN ORDINANCE exempting from real estate taxation certain property of the League of Older Americans, Inc., located in the City of Roanoke, an organization devoted exclusively to charitable or benevolent purposes on a non-profit basis; providing for an effective date; and dispensing with the second reading by title of this ordinance. WHEREAS, the League of Older Americans, Inc., (hereinafter the "Applicant"), has petitioned this Council to exempt certain real property of the Applicant from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia; WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Applicant's petition was held by Council on July 19, 2004; WHEREAS, the provisions of subsection B of Section 58.1-3651, Code of Virginia (1950), as amended, have been examined and considered by the Council; WHEREAS, the Applicant agrees that the real property to be exempt from taxation is certain real estate, to be used as a parking lot for the Applicant's staff at the LOA Area Agency on Aging, identified by Roanoke City Tax Map Nos. 1113202 and 1113201 (the "Property"), and providing that the Property shall be used by the Applicant exclusively for charitable or benevolent purposes on a non-profit basis; and WHEREAS, in consideration of Council's adoption of this Ordinance, the Applicant has voluntarily agreed to pay each year a service charge in an amount equal to twenty percent (20%) of the City of Roanoke's real estate tax levy, which would be applicable to the Property were the Property not exempt from such taxation, for so long as the Property is exempted from such taxation; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council classifies and designates the League of Older Americans, Inc., as a charitable or benevolent organization within the context of Section 6(a)(6) of Article X of the Constitution of Virginia, and hereby exempts from real estate taxation certain real estate, to be used as a parking lot for the Applicant's staff at the LOA Area Agency on Aging, identified by Roanoke City Tax Map Nos. 1113202 and 1113201, owned by the Applicant, which property is used exclusively for charitable or benevolent purposes on a non-profit basis; continuance of this exemption shall be contingent on the continued use of the property in accordance with the purposes which the Applicant has designated in this Ordinance. 2. In consideration of Council's adoption of this Ordinance, the Applicant agrees to pay to the City of Roanoke on or before October 5 of each year a service charge in an amount equal to twenty (20%) percent of the City of Roanoke's real estate tax levy which would be applicable to the Property, were the Property not exempt from such taxation, for so long as the Property is exempted from such taxation. 3. This Ordinance shall be in full force and effect on January 1, 2005, if by such time a copy, duly executed by an authorized officer of the Applicant, has been filed with the City Clerk. 4. The City Clerk is directed to forward an attested copy of this Ordinance, after it is properly executed by the Applicant, to the Commissioner of the Revenue and the City Treasurer for purposes of assessment and collection, respectively, of the service charge established by this Ordinance, and to Rae Campbell, President, Board of Directors, of the League of Older Americans, Inc. 5. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. City Clerk. Americans ACCEPTED, AGREED TO AND EXECUTED by the League of Older 0~._ day of ~[)~.~o~. ! ,2004. LEAGUE OF OLDER AMERICANS, INC. Pres~ MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clcrk@ci.roanoke.va.us July 21, 2004 File #79-162 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Rae Campbell, President Board of Directors League of Older Americans 706 Campbell Avenue, S. W. Roanoke, Virginia 24016 Dear Ms. Campbell: I am enclosing two copies of Ordinance No. 36796-071904 exempting from real estate taxation certain property of the League of Older Americans, Inc., an organization devoted exclusively to charitable or benevolent purposes on a non- profit basis, which property is located in the City of Roanoke, described as Official Tax Nos. 1113202 and 1113201, effective January 1, 2005, if, by such time, a copy, duly executed by an authorized officer of the Applicant, has been filed with the City Clerk. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 19, 2004. Mary F. Parker, CMC City Clerk MFP:ew Enclosure Rae Campbell, President Board of Directors League of Older Americans July 2:~, 2004 Page 2 pc: Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Susan S. Lower, Director, Real Estate Valuation IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of July, 2004. No. 36796-071904. AN ORDINANCE exempting from real estate taxation certain propmety of the League of Older Americans, Inc., located in the City of Roanoke, an organization devoted exclusively to charitable or benevolent purposes on a non-profit basis; providing for an effective date; and dispensing with the second reading by tire of this ordinance. WHEREAS, the League of Older Americans, Inc., 0aeminafter the "Applicant"), has petitioned this Council to exempt certain real property of the Applicant from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia; WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Applicant's petition was held by Council on July 19, 2004; WHEREAS, the provisions of subsection B of Section 58.1-3651, Code of Virginia (1950), as amended, have been examined and considered by the Council; WHEREAS, the Applicant agrees that the real property to be exempt from taxation is certain real estate, to be used as a parking lot for the Applicant's staff at the LOA Area Agency on Aging, identified by Roanoke City Tax Map Nos. 1113202 and 1113201 (the "Property"), and providing that the Property shall be used by the Applicant exclusively for charitable or benevolent purposes on a non-profit basis; and WHEREAS, in consideration of Council's adoption of this Ordinance, the Applicant has voluntarily agreed to pay each year a service charge in an amount equal to twenty percent (20%) of the City of Roanoke's real estate tax levy, which would be applicable to the Property were the Property not exempt from such taxation, for so long as the Property is exempted from such taxation; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council classifies and designates the League of Older Americans, Inc., as a charitable or benevolent organization within the context of Section 6(a)(6) of Article X of the Constitution of Virginia, and hereby exempts from real estate taxation certain real estate, to be used as a parking lot for the Applicant's staff at the LOA Area Agency on Aging, identified by Roanoke City Tax Map Nos. 1113202 and 1113201, owned by the Applicant, which property is used exclusively for charitable or benevolent purposes on a non-profit basis; continuance of this exemption shall be contingent on the continued use of the property in accordance with the purposes which the Applicant has designated in this Ordinance. 2. In consideration of Council's adoption of this Ordinance, the Applicant agrees to pay to the City of Roanoke on or before October 5 of each year a service charge in an amount equal to twenty (20%) percent of the City of Roanoke's real estate tax levy which would be applicable to the Property, were the Property not exempt from such taxation, for so long as the Property is exempted from such taxation. 3. This Ordinance shall be in full force and effect on Janua~' 1,2005, ifby such time a copy, duly executed by an authorized officer of the Applicant, has been filed with the City Clerk. .~. 4. The City Clerk is directed to forward an attested copy of this Ordinance, after it is properly executed by the Applicant, to the Commissioner of the Revenue and the City Treasurer for purposes of assessment and collection, respectively, of the service charge established by this Ordinance, and to Rae Campbell, President, Board of Directors, of the League of Older Americans, Inc. 5. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. City Clerk. Americans ACCEPTED, AGREED TO AND EXECUTED by the League of Older . day of ,2004. LEAGUE OF OLDER AMERICANS, INC. (sF ) By President 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 CJtyWeb: www.roanokegov.com July 19, 2004 Honorable C. Nelson Harris Mayor Honorab e, Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable, Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian J. Wishneff, Council Member Subject: Tax Exemption Request from League of Older Americans, Inc. (LOA) Dear Mayor Harris and Members of City Council: Background: The League of Older Americans, Inc., which transacts business as LOA Area Agency on Aging, owns the property known as Tax Map #s 1113202 and 1113201, located at 706 Campbell Avenue, SW, Roanoke. The primary purpose of the LOA is to provide services for the elderly including Meals on Wheels, congregate meals, transportation, case management, ombudsman, Title V employment opportunities, foster grandparents and senior companions to persons in need. Annual taxes due for Fiscal Year 2004-2005 on the two parcels noted above are $964.37 on an assessed value of $79,700. Considerations: On May 19, 2003, City Council approved a revised policy and procedure in connection with requests from non-profit organizations for tax exemption of certain property in the City by Resolution 36331-051903, adopting the revised Process for Determination of Property Tax Exemption dated May 19, 2003, with an effective date of January 1,2003. The League of Older Americans, Inc. has provided the necessary information required as a result of the adjustments made to our revised local policy prior to the Honorable Mayor and Members of Council July 19, 2004 Page 2 deadline of October 15, 2004, the deadline for applications for exemptions that would take effect January 1,2005. According to the Commissioner of the Revenue's Office, the loss of revenue to the City will be $771.50 after a twenty percent service charge is levied by the City in lieu of real estate taxes. This service charge will be $192.87. Commissioner of the Revenue, Sherman Holland, has determined the organization is currently not exempt from paying real estate taxes on the property known as Tax Map #s 1113202 and 1113201 by classification or designation under the Code of Virginia. The IRS recognizes it as a 501(c) 3 tax-exempt organization. Notification of a public hearing to be held July 19, 2004, was duly advertised in the Roanoke Times. Recommended Action: Authorize the League of Older Americans, Inc. (LOA) exemption from real estate property taxation pursuant to Article X, Section 6 (a) 6 of the Constitution of Virginia, effective January 1,2005, for the property known as Tax Map #s 1113202 and 1113201, located at 706 Campbell Avenue, SW, Roanoke, if the organization agrees to pay the subject service charge by that date. Respectfully submitted, City Manager DLB/vst Attachments C: Honorable Sherman A. Holland, Commissioner of the Revenue Honorable Evelyn W. Powers, City Treasurer Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Susan S. Lower, Director of Real Estate Valuation Elizabeth A. Neu, Director of Economic Development Sherman M. Stovall, Director of Management and Budget CM04-00116 VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE PETITION FOR EXEMPTION FROM TAXATION OF CERTAIN PROPERTY PURSUANT TO ARTICLE X, SECTION 6(a)(6) OF THE CONSTITUTION OF VIRGINIA TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF ROANOKE: Your Petitioner, League of Older Americans, Inc., a Virginia, non-stock, not for profit corporation owns certain real property, located at 706 Campbell Avenue in the City of Roanoke, Virginia, which property is City of Roanoke Tax Map ID # 1113202 and Tax Map # 1113201, with a total assessed value of $79,700.00 And a total of $964.37 in real property taxes that were paid or would have been paid in the most recent year, desires to be an organization designated pursuant to the provisions of Sec. 58.1-3651, of the Code of Virginia, as amended, in order that the referenced real property, to be used exclusively for charitable and benevolent purposes as a parking lot for LOA Area Agency on Aging staffbe exempt from taxation under the provisions of Article X, Section 6 (a)(6) of the Constitution of Virginia so long as your Petitioner is operated not for profit and the property so exempted is used in accordance with the purpose for which the Petitioner is classified. Your Petitioner agrees to pay to the City of Roanoke, an annual service charge in an amount equal to twenty percent (20%) of the City of Roanoke tax levy, which would be applicable to this real estate, were our organization not be tax exempt, for as long as this exemption continues. Your Petitioner, if located within a service district, agrees to pay to the City of Roanoke an annual service charge equal to the additional service district tax that would be levied for as long as this exemption continues. Your Petitioner agrees to provide information to the Director of Real Estate Valuation upon request to allow a triennial review of the tax-exempt status of your Petitioner. The Following questions are submitted for consideration: Q.: Whether the organization is exempt from taxation pursuant to Section 501(c) of the Internal Revenue Code of 1954. A.: Your petitioner was granted exemption fi-om taxation Pursuant to Section 501(c) of the Internal Revenue of 1954 on November ll, 1974 Q.: Whether a current alcoholic beverage license for serving alcoholic beverages has been issued by the Alcohol Beverage Control Board to such organization for use on such property. A. LOA Area Agency on Aging does not have an alcoholic beverage license. Q.: Whether any director, officer or employee of the organization has been paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer or employee actually rendem. A.: No Director, officer or employee of LOA Area Agency on Aging has ever been paid compensation excess of a reasonable allowance for salaries or other compensation. Q.: Whether anypart of the net earnings of such organization inures to the benefit of tiny individual, and whether any significant portion of the service provided by such organization is generated by funds received fi.om donations, contributions or, local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in-kind or other material services. A.: LOA receives all of its earnings fi.om Federal Grants, State General Funds, Cities and Counties in the 5th planning district and donations fi.om private individuals and other organizations. These funds are used in providing Meals on Wheels and other programs authorized by the Virginia Department for the Aging under the Federal Older Americans Act. Q.: Whether the organization provides services for the common good of the public. A.: Your Petitioner provides services for the common good of the public in as much as it provides services for the elderly. We provide Meals on Wheels, Congregate Meals, Transportation, Case Management, Ombudsman, Title V Employment Opportunities, Foster Grandparents and Senior Companions to persons in need in the 5th planning district. Q.: Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office. A.: LOA Area Agency on Aging is prohibited from partaking in any political activities. Q.: Whether any role, regulation, policy or practice of the organization discriminates on the basis of religious conviction, race, color, sex or national origin. A.: LOA is an Equal Employment Opportunity Employer and is committed to an affirmative action program to promote opportunities for individuals in certain protected classes as stated in our employee handbook, section 060. Q.: Whether there is a significant revenue impact to the locality and its taxpayers of exempting the property. A.: Our request for tax exemption is small and should have little or no impact on the loca!ity. Q.: Any other criteria, facts and circumstances, which the governing body deems pertinent to the adoption of such ordinance. A.: We currently pay in-lieu taxes on our central office at 706 Campbell Avenue, Roanoke, VA. LOA operates on a ve~ limited budget and any dollars spent for taxation reduces dollars available for our programs for the elderly. Note: A copy of this petition is being delivered this day to Darlene L. Bttrcham,City Manager of the City of Roanoke, Virginia. THEREFORE, your Petitioner, LOA Area Agency on Aging, respectfully requests to the Council of the City of Roanoke that this real or personal property, or both, of your Petitioner be designated exempt from taxation so long as your Petitioner is operated not for profit and the property so exempt is used for the particular purposes of providing parking for LOA Area Agency on Aging Staff. Respectfully submitting this 13th day of May, 2004 Rae Campbell, President! Board of Directors The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times LEAGUE OF OLDER AMERICANS 15 FOX TRAIL DR WIRTZ VA 24184 REFERENCE: 80119394 02834799 LOA Real Estate State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this [~ day of July 2004. Witness my hand and ~ ~ Notary Public PUBLISHED ON~ 07/09 ~ohretapPUcanr. reef estet~ $79,700 00, ~th / 05 I= on iI (2834799)' . TOTAL COST: 151.83 FILED ON: 07/09/04 Signature:_~___~__ __, Billing Services Representative NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of Roanoke will hold a public hearing at its regular meeting to be held on Monday, July 19, 2004, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Chumh Avenue, S.W., Roanoke, Virginia, on the question of adoption of an ordinance pursuant to §58.1-3651, Code of Virginia (1950), as amended, approving the request of the League of Older Americans, Inc., for designation of its real estate, used for parking for the Applicant's LOA Area Agency on Aging, identified by Roanoke City Tax Map Nos. 1113202 and 1113201, located at 706 Campbell Avenue, between Seventh and Eighth Streets, to be exempted from taxation. The total assessed value of the applicant's real estate for tax year 2004/2005 is $79,700.00, with a total real estate tax assessment of $964.37, due for the 2004/2005 tax year. The loss of revenue will be $771.50 annually after a 20% service charge is levied in lieu of real estate taxes. Citizens shall have the opportunity to be heard and express their opinions on this matter. If you are a person with a disability who needs accommodations for this public heating, contact the City Clerk's Office, 853-2541, by 12:00 noon on Thursday, July 15, 2004. GIVEN tmder my hand this ist dayof July ,2004. Mary F. Parker, City Clerk. Notice to Publisher: Publish in the Roanoke Times once on Friday, July 9, 2004. Send affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 Send bill to: Rae Campbell, President League of Older Americans, Inc. 15 Fox Trail Drive Wirtz, Virginia 24184 CITY OF R O_. .NOKE Office of the C~ty Clerk Mary F. Parker, CMC City Clerk May 26, 2004 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia William M. Hackworth City Attorney Roanoke, Virginia Dear Ms. Burcham and Mr. Hackworth: At a regular meeting of the Council of the City of Roanoke which was held on Monday, May 19, 2003, Resolution No. 36331-051903 was adopted with regard to a new policy and procedure for processing requests from non-profit organizations to have property exempted from taxation pursuant to Article X, Section 6(a)(6), of the Constitution of Virginia, and repealing Resolution No. 36148-120202, adopted on December 2, 2002. I am attaching copy of a petition filed by League of Older Americans, Inc., a Virginia non- stock, not for profit corporation, requesting exemption from taxation of real property, identified as Official Tax Nos. 1113201 and 1113202, located at 706 Campbell Avenue, S. W., in the City of Roanoke, pursuant to Section 30-19.04(B), Code of Virginia (1950), as amended. Following a public hearing and appropriate action by Council, petitions forwarded by the City Clerk to the City Manager by April 15 for evaluation and recommendation to City Council will have an effective date of July 1st. Petitions forwarded to the City Manager by October 15th will have an effective date of January 1st. Sincerely, Stephanie M. Moon, CMC Deputy City Clerk Attachment N:\cksml~Lcague of Older Americans, Inc. Tax Exemption Petition.doc Darlene L. Burcham William M. Hackworth May 26, 2004 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Rae Campbell, President, Board of Directors, League of Older Americans, 706 Campbell Avenue, S. W., Roanoke, Virginia 24016 The Honorable Sherman A. Holland, Commissioner of the Revenue Jesse A. Hall, Director of Finance Susan S. Lower, Director, Real Estate Valuation N:\cksml~Lcague of Older Americans, lnc, Tax Exemption Petition.doc VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE iRE'CEIVEDt 14 2§0 I CI'1Y MANAGER'S OFFICEI PETITION FOR EXEMPTION FROM TAXATION OF CERTAIN PROPERTY PURSUANT TO ARTICLE X, SECTION 6(a)(6) OF THE CONSTITUTION OF VIRGINIA TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF ROANOKE: Your Petitioner, League of Older Americans, Inc., a Virginia, non-stock, not for profit corporation owns certain real property, located at 706 Campbell Avenue in the City of Roanoke, Virginia, which property is City of Roanoke Tax Map ID # 1113202 and Tax Map # 1113201, with a total assessed value o f $37,114.00 And a total of $898.14 in real property taxes that were paid or would have been paid in the most recent year, desires to be an organization designated pursuant to the provisions of Sec. 58.1-3651, of the Code of Virginia, as amended, in order that the referenced real property, to be used exclusively for charitable and benevolent purposes as a parking lot for LOA Area Agency on Aging staff be exempt from taxation under the provisions of Article X, Section 6 (a)(6) of the Constitution of Virginia so long as your Petitioner is operated not for profit and the property so exempted is used in accordance with the purpose for which the Petitioner is classified. Your Petitioner agrees to pay to the City of Roanoke, an annual service charge in an amount equal to twenty pement (20%) of the City of Roanoke tax levy, which would be applicable to this real estate, were our organization not be tax exempt, for as long as this exemption continues. Your Petitioner, if located within a service district, agrees to pay to the City of Roanoke an annual service charge equal to the additional service district tax that would be levied for as long as this exemption continues. Your Petitioner agrees to provide information to the Director of Real Estate Valuation upon request to allow a triennial review of the tax-exempt status of your Petitioner. The Following questions are submitted for consideration: Q.: Whether the organization is exempt from taxation pursuant to Section 501(c) of the Internal Revenue Code of 1954. A.: Your petitioner was granted exemption from taxation Pursuant to Section 501(c) of the Internal Revenue of 1954 on November 11, 1974 Q.: Whether a current alcoholic beverage license for serving alcoholic beverages has been issued by the Alcohol Beverage Control Board to such organization for use on such property. A. LOA Area Agency on Aging does not have an alcoholic beverage license. Q.: Whether any director, officer or employee of the organization has been paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer or employee actually renders. A.: No Director, officer or employee of LOA Area Agency on Aging has ever been paid compensation excess of a reasonable allowance for salaries or other compensation. Q.: Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received fi.om donations, contributions or, local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in-kind or other material services. A.: LOA receives all of its earnings fi.om Federal Grants, State General Funds, Cities and Counties in the 5th planning district and donations fi.om private individuals and other organizations. These funds are used in providing Meals on Wheels and other programs authorized by the Virginia Department for the Aging under the Federal Older Americans Act. Q.: Whether the organization provides services for the common good of the public. A.: Your Petitioner provides services for the common good of the public in as much as it provides services for the elderly. We provide Meals on Wheels, Congregate Meals, Transportation, Case Management, Ombudsman, Title V Employment Opportunities, Foster Grandparents and Senior Companions to persons in need in the 5th planning district. Q.: Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office. A.: LOA Area Agency on Aging is prohibited from partaking in any political activities. Q.: Whether any rule, regulation, policy or practice of the organization discriminates on the basis of religious conviction, race, color, sex or national origin. A.: LOA is an Equal Employment Opportunity Employer and is committed to an affirmative action program to promote opportunities for individuals in certain protected classes as stated in our employee handbook, section 060. Q.: Whether there is a significant revenue impact to the locality and its taxpayers of exempting the property. A.: Our request for tax exemption is small and should have little or no impact on the locality. Q.: Any other criteria, facts and circumstances, which the governing body deems pertinent to the adoption of such ordinance. A.: We currently pay in-lieu taxes on our central office at 706 Campbell Avenue, Roanoke, VA. LOA operates on a very limited budget and any dollars spent for taxation reduces dollars available for our programs for the elderly. Note: A copy of this petition is being delivered this day to Darlene L. Burcham,City Manager of the City of Roanoke, Virginia. THEREFORE, your Petitioner, LOA Area Agency on Aging, respectfully requests to the Council of the City of Roanoke that this real or personal property, or both, of your Petitioner be designated exempt from taxation so long as your Petitioner is operated not for profit and the property so exempt is used for the particular purposes of providing parking for LOA Area Agency on Aging Staff. Respectfully submitting this 13th day of May, 2004 B~cC~a~pbell, p~r~~Directors MARY F. PARKER, CMC City Clerk CITY OF ROANOI(E OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-I 145 E-mail: clerk~ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk July 21, 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. 36797-071904 approving the Riverland/Walnut Hills Neighborhood Plan, and amending Vision 2001- 2020, the City's Comprehensive Plan, to include the Riverland/Walnut Hills Neighborhood Plan. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 19, 2004, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosure Robert B. Manetta July 21, 2004 Page 2 pc: Kathy Hill, President, Riverland Alert Neighbors, 509 Arbor Avenue, S. E., Roanoke, Virginia 24014 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of July, 2004. No. 36797-071904- AN ORDINANCE approving the Rivefland/Walnut Hills Neighborhood Plan, and amending Vision 2001 - 2020, the City's Comprehensive Plan, to include the Riverland/Walnut Hills Neighborhood Plan; and dispensing with the second reading of this ordinance by title. WHEREAS, the Riverland/Walnut Hills Neighborhood Plan (the "Plan") was presented to the Planning Commission; WHEREAS, the Planning Commission held a public hearing on June 1'/, 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 §15.2-2204, Code of Virginia (1950), as amended, a public hearing was held before this Council on Monday, July 19, 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 thc Council of the City of Roanoke as follows: 1. That this Council hereby approves the Riverland/Walnut Hills Neighborhood Plan and amends Vision 2001- 2020, the City's Comprehensive Plan, to include the Riverland/Walnut Hills Neighborhood Plan as an element thereof. 2. That the City Clerk is directed to forthwith transmit attested copies of this ordinance to the City Planning Commission. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-maih pla n ning(&ci.roanoke.va.us July 19, 2004 The Honorable C. Nelson Harris, Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: RiverlandNValnut Hill Neighborhood Plan Planning Commission Action: Planning Commission public hearing was held on Thursday, June 17, 2004. There was no one present who spoke in favor of or in opposition to the draft plan. By a vote of 7-0, the Commission recommended that City Council adopt the RiverlandRValnut Hill Neighborhood Plan as a component of Vision 2001-2020. Background: The Riverland/VValnut Hill neighborhood plan covers a small area directly south of downtown defined by the Roanoke River to the north and Mill Mountain to the south. Staff facilitated three public workshops with residents and business owners in the fall of 2003 and spring of 2004. Considerations: The workshops were well attended and participants expressed an overall satisfaction with the quality of life in the neighborhood. Several positive attributes mentioned were: · The high home-ownership rate in the neighborhood · The close proximity to hospitals, parks, the interstate, shopping, and Downtown · The natural assets surrounding the neighborhood Based on the input from the public workshops, the neighborhood plan (pg.3) designates six priority initiatives for the neighborhood: Traffic calming · Housing maintenance and upkeep · Encouraging a vibrant village center · Minimizing flooding damage · Enhancing the Walnut Avenue Gateway · Protecting the Roanoke River and Mill Mountain · The document is organized into six plan elements. The list below represents policies selected from each plan element section set forth to address the neighborhood's priority initiatives: Residential Development · Zoning patterns will support housing revitalization and desired future residential land use patterns and encourage the preservation of single-family housing. Community Design · Develop site specific plans for the Walnut Avenue gateway, neighborhood village center, and the other major streets discussed in the plan. Economic Development · Encourage a vibrant village center in terms of appropriate form, scale, and activity. Map zoning patterns to allow medium-density residential development in and around the village center. Infrastructure · Support efforts to reduce flooding and potential damage to personal property. Public Services · Aggressively enforce housing maintenance codes and use public nuisance abatement ordinances to compel compliance. Encourage citizen participation in the identification of code violations. Quality of Life · Increase recreational usage of the area along the Roanoke River by completing the Roanoke River Greenway as part of the Roanoke River Flood Reduction Project. The goal is to provide a formal path for exercising and enjoying the riverfront. Recommendation: By a vote of 7-0, the Planning Commission recommended adoption of the Riverland/VValnut Hill Neighborhood Plan as a component of Vision 2001-2020. Respectfully submitted, City Planning Commission CC: Darlene L. Burcham, City Manager Rolanda Russell, Assistant City Manager for Community Development Steven J. Talevi, Assistant City Attorney IN THE PLANNING COMMISSION OF THE CITY OF ROANOKE, VIRGINIA This 17th day of June, 2004 A RESOLUTION recommending the adoption of the RiverlandNValnut Hill Neighborhood Plan as an element of the City's Comprehensive Plan. WHEREAS, a series of community workshops were held in the RiverlandNValnut Hill neighborhood to gain input into the plan; WHEREAS, the draft plan has been reviewed by the neighborhood, city staff, and the Long Range Planning Committee of the City of Roanoke Planning Commission; and WHEREAS, the RiverlandNValnut Hill Neighborhood Plan has been advertised in accordance with Section 15.2-2204 of the Code of Virginia (1950), as amended, and pursuant to that notice, a public hearing was held on June 17, 2004, at which all persons having an interest in the matter were given a chance to be heard. BE IT RESOLVED by the Planning Commission of the City of Roanoke that it recommends to City Council that the Riverland/VValnut Hill Neighborhood Plan, dated June 17, 2004, be adopted as an element of the City's Comprehensive Plan, and that by signature of its Chairman below, the Planning Commission hereby certifies the attached copy of the neighborhood plan to City Council. ATTEST: Introduction The Riverland/VValnut Hill neighborhood is in the southeast section of Roanoke. The community is nestled between the Roanoke River and Mill Mountain. It is an older, well-established residential neighborhood with a healthy housing stock. The majority of homes are single -family and the area has a high home- ownership rate for the city. The neighborhood features a small village center and the Roanoke Memorial Hospital. The neighborhood grew dramatically during the first half of the century, with a large portion of homes being built in the 1920's. The neighborhood's proximity to the American Viscose Plant, the Norfolk & Western Railway shops, and downtown made it a convenient location to live and commute to work. Today, the area remains a central location to workplaces, shopping, and recreational areas. Riverland/Walnut Hill benefits from its proximity to Mill Mountain park land and the Roanoke River. The community is inherently connected to the health and vitality of these two prominent natural assets. Vision 2001-2020, Comprehensive Plan states: "Roanoke River is an environmental and economic asset that aids to the quality of life in Roanoke."(p.44) The neighborhood is a significant gateway community for Roanoke. Many tourists pass through the neighborhood when entering the City from the Blue Ridge Parkway. The planning staff involved the community in the development of this plan. Planners worked with residents and property owners in the Fall of 2003 through a series of workshops to identify issues of concern. Community input was used to guide development of the policies and actions in the plan. Riverland/Walnut Hill Neighborhood Plan C/ty Cound/ Draft June 17, 2004 Contents: Introduction 1 Community Design 4 Residential Development 7 Economic Development 10 Infrastructure 11 Public Services 16 Quality of Life 17 Recommendations 18 Implementation 26 Maps Plan Elements Discussion in this plan is organized into six Plan Elements: · Community Design - looks at physical design and land use patterns · Residential Development- addresses existing and new housing opportunities · Economic Development- deals with commercial and industrial development · Infrastructure - evaluates transportation systems and utility systems such as water, sewer, and storm drainage · Public Services - assesses Fire/EMS, police, and other city services · Quality of Life - examines recreational opportunities, environmental issues, education, and community development Each plan element contains information about current conditions and issues. 2 High priority initiatives This plan proposes six priority initiatives: · Traffic calming Housing maintenance and upkeep · Encouraging a vibrant village center · Minimizing flooding damage Enhancing the Walnut Avenue Gateway · Protecting the Roanoke River and Mill Mountain These initiatives are reflected in the policies and actions located in the Recommendations section. Community Design Physical Layout The Riverland/Walnut Hill neighborhood is situated on the north side of Mill Mountain and stretches to the lower lying area along the south bank of the Roanoke River. Most of the land has a moderate to steep grade. Approximately 37% of the land in the neighborhood is located in a flood-hazard zone. The majority of the lots are compact in size with larger parcels at the higher elevations in the neighborhood. The streets are aligned in a traditional grid pattern, although the pattern breaks in areas with steeper and varying grades throughout the neighborhood. Route 116 follows Walnut Avenue, Piedmont Avenue, and Riverland Road and carries a significant amount of through traffic. The three minor arterial streets, Riverland Road, Walnut Avenue, and Belleview Avenue, support the majority of traffic in the neighborhood. Average Daily Trips Location Street Count Riverland Road 9th Street to Piedmont Street ADT 7600* Walnut Avenue Piedmont Street to Jefferson ADT 5100' Corner of Walnut Avenue and Laurel Avenue ADT 4017'* Belleview Avenue I Jefferson Street to Thyme Street ADT 5278*** * 2002 VDOT Daily Traffic Volume Estimates ** 2000 City of Roanoke count *** 2003 VDOT Count Average Daily Trips Laurel Avenue is a smaller-scale collector street that provides an alternative connection for vehicles between the arterial streets in the neighborhood. Residents have concerns about the street's capacity to support the current traffic volume. This plan recommends examination of measures to mitigate traffic impacts on the street. In general, smaller residential streets are narrow, single lane streets with parking on one or both sides. This type of street is often referred to as a "yield street"; when cars traveling in opposite directions meet, one car must yield to let the other pass. This type of street is effective in promoting neighborhood-appropriate traffic speeds. The neighborhood has many functional alleyways. Alleys provide residents with rear access to their property and an alternative to street-side trash pick-up in some cases. For functional and safety reasons, alleys should be cleared of overgrown vegetation and debris. 4 Walnut Avenue is a primary gateway for the neighborhood and the city providing a connection between the Blue Ridge Parkway and downtown. The Walnut Avenue Bridge is a decorative, concrete arched bridge built in 1927. It was surveyed in 1998 and appears eligible for listing on the National Register of Historic Places. Although some areas present challenging terrain to walk or bike, the neighborhood provides sidewalks on its larger streets and includes sections of two greenways, the Roanoke River Greenway and the Mill Mountain Greenway. Land Use Patterns The land use pattern of the RiverlandANalnut Hill neighborhood is typical for a traditional neighborhood. Nearly 60% of the parcels are dedicated to single- family uses. Duplexes (two-family) comprise 14% of the uses. The heaviest concentration of duplex units are located in the 400, 500, and 600 blocks of Riverland Road, the 400 and 500 blocks of Arbutus Avenue, and along Hamilton Terrace. There are only a few multifamily developments, making up only 2% of the total land uses. The multifamily developments are smaller in size--three to eighteen units---and are concentrated on corners and along the main corridors. Neighborhood commercial development is located in a small village center at the corner of Walnut Avenue and Piedmont Avenue. Roanoke Memorial Hospital is located on the western edge of the neighborhood on over 20 acres of land. There is one church in the neighborhood, Riverland Road Baptist Church, which is surrounded by residential uses. Over 30 percent of the properties are classified as vacant. These parcels include parking lots and city-owned properties along the Roanoke River. The City acquired several parcels along the river as part of the Roanoke River Flood Reduction plan. The zoning supports primarily a mix of single- and two- family uses. Of 509 parcels within the area, 42% are zoned RM-1, Residential Multifamily Low Density District and 37% are zoned RS-3, Residential Single-Family. The village center is zoned CN, Neighborhood Commercial, which is appropriate for neighborhood supportive commercial activity. One shortfall of the current zoning ordinance is a lack of a zoning district that best accommodates institutional uses. For example, Carillon Memorial Hospital is zoned C-1 Office district, which does not accurately capture its functions or its scale and character of its development needs. The new zoning ordinance will address uses such as the hospital, by providing districts that better match the hospital's unique needs. Since this neighborhood is nearly fully developed, future land use should be guided by existing land uses. Any future land use recommendations should further reinforce the neighborhood's existing character. Greenways Greenways are paths designed to encourage recreation and non-motorized transportation. Greenways often incorporate sidewalks and roadways to create a designated path. Both the Roanoke River Greenway and the Mill Mountain Greenway run through the neighborhood. The Mill Mountain Greenway extends from Downtown to the top of Mill Mountain via Prospect Road (the old Mill Mountain toll road). The development of the greenway has provided improvements to Piedmont Park and added sidewalk along Laurel Avenue. Signs and markers help guide users through the neighborhood. The Roanoke River Greenway, as proposed, follows the Roanoke River and will include over 1.6 miles of trail in the neighborhood once the Roanoke River Flood Reduction Plan is complete. An important aspect of greenways is to enable residents to enjoy Roanoke's natural resources. Currently, many people walk along Riverside Drive and Piedmont Street (south of Walnut Avenue), which will become part of the walking trail for the Roanoke River Greenway. 6 Residential Development The neighborhood's earliest house on record dates to1885. The majority of homes were built in the 1920s with Arts and Crafts Bungalows and American Foursquares as the prominent housing types during this era. Housing development slowed in the 1930s and 1940s, but steadily increased through the 1950s and 1960s. Most of the homes built after 1950 were Cottage and Ranch styles. Today, there are few available vacant lots and new development occurs at a slow, infrequent rate. The few homes built since the 1970's, are primarily split level and one-story Ranch-style homes. The most popular exterior is brick veneer, although there is a wide assortment of exteriors which includes stucco, wood siding, and vinyl siding. The majority of the homes are wood-framed and gable -roofed. The neighborhood enjoys a homeownership rate of 71%, which has remained constant since the last census and is significantly higher than the citywide average (56%). Single-Family Homes: Quick Facts Most Common Exterior Brick veneer Most Common Construction Type Wood-frame Average House Value $79,752 Average House Size 1,512 sq. ft. Average Lot Size 9,190 sq, ft, Code Enforcement Code enforcement violations are not a significant occurrence in the neighborhood. Building maintenance, outdoor storage, and inoperable vehicle issues are addressed by code enforcement inspectors as the violations are reported to the City. The existing violations tend to be concentrated on certain blocks of Walnut, Arbutus, and Riverland and in several instances numerous violations are found at one Number of Bedrooms Percentage 2-bedroom 19% 3-bedroom 55% 4-bedroom 24% 5-bedroom 1% 6-bedroom 1% address. Due to the aging housing stock, housing maintenance upkeep will become an increasing challenge. The neighborhood benefits from an active neighborhood organization, the Riverland Alert Neighbors. The neighborhood group continues to be vigilant of these and other quality of life issues in the area. Historically Eligible Area In October 1999, the Virginia Department of Historic Resources concurred with a Virginia Department of Transportation sponsored-survey to deem eligible a Riverland historic district. The VDOT survey identified a district of 210 dwellings in approximately a 10-block area in which the majority of houses contributed to the historic character of the neighborhood (see map). This potential district may now be nominated to the National Register of Historic Places. 7 Any further study should consider the inclusion of all homes on Sylvan Road, Ivy Street, and Prospect Road. Prospect Road, the former Mill Mountain toll road, should be included for its historically significant construction features. The concrete road bed was built in 1924 by Mill Mountain developers W.P. and John Henritze. Today, the road has been paved over with asphalt, however it still boasts a Iow stone retaining wall along the mountain and a double-switchback bridge that crosses back over the lower part of the road in front of the Rockledge residence. ligible Riverland Historic Distric~ ~ Eligible Histodc Dis{dct ~ New development Opportunities for new development are limited given the lack of available vacant residential lots. Many privately owned vacant lots would not be suitable for development, given the location of the lot in a floodplain or its topography. In addition, residents are concerned that recent development has been inconsistent with the surrounding homes in terms of architecture and set-backs from the street. With an aging housing stock and limited vacant land for infill development, additions and renovations should be encouraged to maintain competitively valued housing options in the neighborhood. Population There are 1,033 people that reside in the neighborhood. The total population for the area is decreasing at a rate slightly higher than the citywide average. The neighborhood experienced a 5-percent decrease in residents between the 1990 Census and 2000 Census. The City of Roanoke lost 1.6% percent in its population over the same time period. One possible explanation of the neighborhood's higher percentage of population loss is a national trend towards smaller household sizes, combined with minimal number of single-family home conversions to duplex and triplex units since the 1990 Census. The population of residents under the age of 40 decreased by more than 18%, while the neighborhood saw an almost 15% increase in residents over the age of 40. The neighborhood has a greater concentration of residents between the ages of 40 and 64 than the overall population of Roanoke. It is important to note that even with the shift in percentages, residents 39 and under still outnumber those 40 and over in the neighborhood. Residents at a Glance... I Number Percentage Citywide Total Population 1033 Gender Female 513 50% 53% Male 520 50% 47% Race White 965 93% 69% Black 27 3% 27% Other Races or 41 4% 4% Multiracial Age 0-17 Years Old 207 20% 25% 18-39 Years Old 328 32% 37% 40-64 Years Old 369 36% 22% 65 Years and Over 129 12% 16% Source Census 2000 9 Economic Development Village Centers Located around the Piedmont Street and Walnut Avenue intersection, the village center is small in scale and features community-oriented businesses such as a convenience store and an ice-cream parlor/diner. Other uses include a medical supply store and an antique store. The village center offers a central location in the neighborhood and a convenient stop along Route 116. Future uses that may be compatible include a restaurant, retail store, or a professional office. The Walnut Avenue gateway from the Blue Ridge Parkway and the two greenways help generate seasonal traffic for the village center businesses. It is currently a pedestrian-friendly area. However, more and better defined walkways could enhance the safety and overall walkability of the area (see the infrastructure improvements section). The size of the village center is limited to existing parcels. Expansion of this village center is not recommended. Carillon Memorial Hospital Carillon Memorial Hospital, located in the southwestern portion of the neighborhood, is the largest hospital in Southwestern Virginia. Once a proposed expansion is complete, Carillon Memorial Hospital will be the second largest hospital in Virginia. As a large employer and a main provider of healthcare, it is a critical institution to the region. Any recommendations involving the hospital should strike a balance between its needs for expansion and development to serve the region and the quality of life of the residents that are impacted by the large scale of the hospital's operations. The neighborhood has and continues to provide convenient housing options to hospital employees. Riverside Centre Research and Technology Carillon, in partnership with the City of Roanoke, is building the Riverside Centre for Research and Technology (RCRT). RCRT, located on the north side of the Roanoke River, will provide a valuable business development space for new and existing businesses. The research park could provide job opportunities for residents and have a positive effect on the value of homes in the neighborhood. In addition, the neighborhood will offer desirable housing options to new employees wanting to relocate to the area. ]0 Infrastructure Infrastructure improvements should be compatible with and complement surrounding land use and zoning patterns. Improvements should also be compatible with the surrounding natural environment, including Roanoke River and Mill Mountain. The neighborhood features many field-stone retaining walls. These walls are design features that should be preserved. Existing Curbs In general, most streets in the neighborhood have curbing. However, many curbs in the neighborhood are worn away considerably through settling and repaving. A standard curb height of 4 inches provides a greater edge for storm water run- off and discourages drivers from pulling up on the curb to park. Installation and repair of curbing along arterial streets is a priority. Streetscapes and Traffic-Calming Well-planned and maintained streetscapes are a signature of a healthy community. The major streets and Laurel Avenue are the top priorities for streetscape and traffic-calming improvements. Vision 2001-2020 emphasizes improving and enhancing existing streetscapes: Roanoke's streetscapes should be welcoming and attractive multi-modal linkages that carry vehicle traffic, pedestrians, and bicycles safely efficiently to and from their destination. Many steps can be taken to improve the streetscape of any given street. This section will explore recommended enhancements for the village center, and other major streets. Improvement strategies for arterial streets should address the following goals: · Promote livability and commerce · Retain capacity to handle current and future volume of traffic, while not inducing more traffic · Ensure speeds are compatible with the surrounding environment · Keep commuter traffic off of side streets · Promote pedestrian safety Streetscape and traffic-calming measures are a key component to meeting these goals. The following are some potential streetscape/traffic-calming tools that may be used: · Planting large-species trees on both sides of the street On-street parking · Installing curb extensions at intersections and mid-blocks to reduce crossing distance for pedestrians and define parking lanes · Marking major pedestrian crossings Village Center The village center extends along Walnut Avenue from Belleview Avenue to the bridge and extends down a portion of Piedmont Avenue. Safety, access, and mobility of pedestrian and bicycle traffic in and around the village center should be considered as key design issues. Potential improvements may include reducing turning radii to reduce speeds of turning vehicles, adding bulb-outs on corners to reduce pedestrian crossing widths, or stamped asphalt crosswalks to pronounce pedestrian walkways. Decorative light posts, street furniture, and street trees would add to the appeal of the village center. Any streetscape improvements should be influenced by the historical elements of the Walnut Avenue Bridge. Walnut Street Bridge The bridge features many architecturally significant design elements including decorative lampposts. Renovations should maintain the architectural integrity of the bridge. Any additional improvements should tie into the streetscape improvements of the village center and Walnut Avenue gateway. Improvements may be needed to maximize pedestrian safety of the walkways on the bridge. Belleview Avenue Belleview Avenue is one of the busiest streets in the neighborhood. Infrastructure improvements can assist with slowing the speed of traffic, enhancing the residential character, and creating a more pedestrian friendly corridor. Additional recommendations include: · Continue traffic lane markings along the entire street. Currently, markings exist from Jefferson Street to Thyme Street. Markings should continue to Walnut Avenue. Infill sidewalk and curbs along the south side blocks to create continuous sidewalk from Walnut Avenue to Jefferson Street (See sidewalk map). Curbing should be installed along the north side of Belleview Avenue. Sidewalk is not recommended given the street abuts the rear property lines of parcels that face Hamilton Terrace. Curb and gutter is more appropriate in this instance. Stormwater runoff will be an important consideration in regard to the feasibility of implementing this improvement. Make intersection improvements at Belleview and Walnut to provide a pedestrian friendly connection to the village center and Walnut Avenue bridge. Make improvements along western portion of Belleview to improve pedestrian access to Jefferson Street, the Rivers Edge Sports Complex, and other recreational opportunities. Special consideration should be given to a pedestrian crossing west of the 1600 block around Carillon Memorial Hospital. · On-street parking should be encouraged along the south side of Belleview in appropriate areas. Walnut Avenue Walnut Avenue is a well-developed street with mature trees and an aesthetically pleasing streetscape. Suggestions focus on traffic-calming and enhancing its appeal as one of Roanoke's primary gateways: · Add street trees where feasible. Narrow landscaping strips prohibit large species trees from being planted. Smaller, ornamental species trees may be appropriate. · Define edge of village center in the 400 block to provide a separation between the residential and commercial portion of Walnut Avenue. A stamped asphalt crosswalk or a bulb out would help signify the boundary of the village center. · Make intersection improvements at Walnut and Laurel to provide pedestrian friendly connections. Provide marked parking spaces. Marked spaces will encourage more frequent and efficient on-street parking. The 400 block would benefit from established parking. It will help to slow traffic coming off of a Mill Mountain by narrowing the lanes. Curb and sidewalk should be considered on the east side of the 600 block. This is the only block without sidewalk and curb in the residential section of Walnut Avenue. Lack of sufficient public right of way and grade issues may prohibit the installation of curb and sidewalk. A defined edge between Mill Mountain Park and the 600 block. One possibility is a curb extension on the north side of the 600 block will make it clearer to drivers coming down from Mill Mountain those they are entering a residential area. Riverland Road Riverland Road supports the most traffic in the neighborhood. It is an exclusively residential area that should adequately support traffic generated by Route 116 while strengthening qualities of a residential community. · Redesign terminating vista at the tee intersection of Piedmont Avenue and Riverland Road to improve visibility for oncoming traffic on Riverland Road and provide a safe, practical design that blends in well with the character of the neighborhood. o Replace metal guardrail with a wooden guardrail. o Raise the height of the curb. o Move stop sign to the corner of Riverland and Piedmont. o Reduce excessive signage behind the guardrail. · Sidewalks should be available on both sides of the street wherever there is sufficient right-of-way and it is otherwise feasible. · The setback of new structures should be consistent with setbacks of surrounding homes. A consistent building line is an important design standard to maintain an attractive street front. · Add street trees where appropriate and feasible. Impediments on Riverland are the narrow width of the planting strip and power lines on the south side of the street. The 500 through 700 blocks have the greatest need for trees. · Curb heights should be increased. Increased curb heights will decrease individuals from pulling their vehicles up on curb. With vehicles properly using on-street parking, travel lane widths will decrease and slow the speed of traffic. Other Streetscape Opportunities Laurel Avenue As a collector street, Laurel Avenue experiences a lot of cut through traffic between Belleview Avenue and Riverland Road. In addition, there are no sidewalks between Walnut Avenue and Belleview Avenue. Residents consider Laurel Avenue a problem area due to the number of vehicles and lack of a safe pedestrian connection on a portion of the street. Improvements should be made to ensure that the entire street is pedestrian friendly. In addition, improvements should be made to calm the traffic and attempt to share the traffic burden with the major streets of the neighborhood. Suggested improvements include: · Add sidewalk and curb on at least one side of the street from Walnut to Belleview. · Make intersection improvements at Walnut and Laurel to provide pedestrian friendly connections. · Narrow travel lanes by using traffic-calming techniques such as curb-outs and creating on-street parking lanes. Hamilton Terrace Residents mentioned the need to address the corner of Walnut Avenue and Hamilton Terrace. Drivers turning onto Walnut Avenue from Hamilton Terrace complain that their line of sight is hindered by the concrete wall of the bridge, and are unable to see oncoming traffic traveling south over the bridge. The issue may be addressed by moving the stop bar forward on Hamilton Terrace in order to create a greater line of sight. Sidewalk and curb should be installed on at least one side of the street from Walnut Avenue to Belleview Avenue. Reducing the number of vehicles on the street could be accomplished by making design changes to narrow the travel lanes the travel lanes. A sign prohibiting trucks and vans is posted in order to discourage commercial vehicles from taking the cut through. Residents report that the sign itself does not seem to be effective. Gateway - Walnut Avenue For visitors exiting the Blue Ridge Parkway at Mill Mountain, Walnut Avenue is 14 the first introduction to Roanoke's neighborhoods. Walnut Avenue is a residential street and not a major transportation route, but it is a valuable gateway to the city. The streetscape along Walnut Avenue showcases a well-developed, healthy Roanoke neighborhood. Street enhancements (see pg. 13) would improve the Walnut Avenue corridor. In addition, appropriate signage would help direct visitors and promote Roanoke's unique attractions (Vision 2001-2020 pg.89). 1-73 During the initial neighborhood workshops in the Fall of 2004, participants expressed their opposition for the proposed 1-73 route through southeast Roanoke. In March of 2004, Virginia Department of Transportation (VDOT) announced that the new proposed 1-73 alignment would not run through southeast Roanoke, rather it would follow the 1-581/220 corridor through the city. In the final workshop held in May, participants stated reservations of the permanency of the current route and communicated concerns that the route may still be changed or altered to directly affect the neighborhood. The neighborhood continues to support City Council's advocated route of 1-73 through Roanoke. Although the new route will not have a direct impact on the neighborhood, the close proximity of the proposed alignment may increase noise and air pollution. There may be an opportunity to reduce the negative impacts to the neighborhood through "Context Sensitive Design." The idea of Context Sensitive Design is promoted by the Federal Highway Administration as an approach to make the project work better within existing communities. Flood Reduction Flooding is a concern among residents in the Iow-lying portions of the neighborhood. Arbor and Arbutus Avenues, as well as along Piedmont Avenue have experienced flooding problems. The City of Roanoke offers owners within the floodway information about their lot necessary to obtain insurance through the National Flood Insurance Program. In addition, in a joint effort with the U.S. Army Corps of Engineers, the city has launched the Roanoke River Flood Reduction Project. The project is aimed at reducing annual flooding damage by 50% along the Roanoke River. The neighborhood is included in Phase I from the Vinton town line at the Roanoke Water Pollution Control Plant to Wasena Park. Construction plans, land acquisition, and utility relocation are underway, although federal funding is pending. Also included in this project is a lO-mile recreation trail. The channelization project will benefit the region beyond limiting flood damage. It will increase the recreational opportunities along the river, stabilize the riverfront, and encourage pedestrian and bicycle traffic. Transportation System Map Public Services Transit Service Overall, the area has excellent coverage by the Valley Metro bus service. There are two routes that run through the neighborhood and are within a short walk for most residents. Community Resources and Assets Police The Police Department divides the City into 14 districts. Riverland/Walnut Hill neighborhood is in district 3, along with the Franklin Road/Colonial Avenue Corridor, South Roanoke and Southern Hills neighborhoods. Over the last three years, calls for service have remained proportionally consistent in the neighborhood. The number of calls comprise one-third of all calls in district 3. Larceny generates the most calls for service from the public. Disorder calls have been on the rise over the last three years: it is the only category of offense to have increased each year during this time period. Fire/EMS Fire Station 11 is located at the 3-way intersection of Rutrough Road, Bennington Street, and Riverland Road in the Riverdale neighborhood. It houses the Engine 11 crew and is the location of a regional training facility. Fire Station 8 is located on Crystal Springs Avenue in the South Roanoke neighborhood and houses the Engine 8 crew. Code Enforcement Nuisance abatement and other code violation issues are not as widespread as in other parts of the City. Most code enforcement cases are concentrated in areas with a higher density of units and along the main corridors, such as Walnut Avenue and Riverland Road. During the workshops, residents said that better enforcement of codes dealing with outdoor storage and inoperable vehicles is needed. Residents and the neighborhood watch organization, Riverland Alert Neighbors, should continue to identify and report code violations. Solid Waste Management The Division of Solid Waste Management provides weekly collection of residential refuse, bulk and brush, and recycling. Trash collection for the neighborhood is primarily along the street. The narrower streets and hilly topography provides challenging pick-ups for the truck drivers. Residents expressed concerns of containers being left for extended periods of time on busier streets. The city may need to consider more proactive enforcement of the trash-can placement codes. Many containers are left on the street beyond the allotted time period of 7:00 AM the following morning after pick-up. A reminder notice may be needed for residents. ]6 Rivedand/Walnut Hill Floodzones N Quality of Life Parks and Recreation Piedmont Park is a 4-acre neighborhood park situated along the Roanoke River. It is within a five-minute walk of most homes and features a playground, picnic area, and a small open field. In September 2003, the city completed a small parking lot and added a trellis as part of the improvements to the Mill Mountain Greenway. The improvements also complement the future construction of the Roanoke River Greenway, part of the Roanoke River Flood Reduction Project. The parking lot will function as a place for the wider community to access both greenways and will most likely result in greater use of the park. With an established parking lot and increased usage, the park may require more frequent maintenance. In the public workshops, residents suggested installing a basketball court in Piedmont Park. The Comprehensive Parks and Recreation Master Plan (May 2000) recommended the installation of ~ basketball court. This suggestion of ~ basketball court may be more practical due to the limited open space in the park. Residents benefit from other parks that are in close proximity to the neighborhood. To the west of the neighborhood are the Rivers Edge Sports Complex and Maher Fields. Also to the west, adjacent to the Roanoke Memorial Hospital is the Crystal Spring Park featuring six tennis courts. The Morningside and Jackson Parks provide open space and recreational opportunities. Mill Mountain Park, which covers most of Mill Mountain, features excellent hiking and recreational opportunities and great views of the Star City and the surrounding areas. One established trail is the Mill Mountain Star Trail that is 1.7 miles and climbs steadily from the Riverland Road parking lot across from the AEP substation to the Mill Mountain star. The park also features the Mill Mountain Zoo and Mill Mountain Discovery Center. Prospect Street (the old Mill Mountain toll road) is part of the Mill Mountain Greenway and is heavily used for walking and biking. The greenway has increased parking demand in the area. Small parking lots designated for greenway users and/or permitted parking for residents only may be warranted. Health The neighborhood is well-served by medical facilities. The Carilion Roanoke Memorial Hospital is in the neighborhood. Once planned renovations are completed, the hospital will be the second largest in the state of Virginia. There are numerous medical clinics and doctor's offices in Old Southwest and along the Franklin Road corridor. The Presbyterian Center on Jamison Avenue provides periodic health and immunization clinics for residents of the neighborhood. The Boys & Girls Clubs of Roanoke Valley, on 9th Street, along with the Delta Dental Plan of Virginia sponsor the program, "Smart Smiles." "Smart Smiles" provides regular check-ups and transportation to eligible children who lack insurance or are underinsured. IGreenways and Parks Piedmont Pa~k Recommendations Recommended Policies and Actions Recommendations are organized by the Plan Elements (community design, residential development, etc). Recommendations take the form of "policies" or "actions." Policies are principles or ways of doing things that guide future decisions. Generally, policies are ongoing. Actions are projects or tasks that can be completed and have a definite end. Future Land Use The Future Land Use map is the most important recommendation of this plan. It specifies how future development should take place. Zoning is the principal tool that is used to implement the future land use plan. Some of the current zoning is not consistent with the future land use plan, so the plan recommends changes in zoning so that future development will be consistent with the future land use plan. The Future Land Use map graphically illustrates many of the plan's recommendations. Community Design Policies Future development: New development should generally follow the traditional neighborhood model prescribed by Vision 2001-2020. Village center: Commercial activity will be focused in the village center. Uses in village centers should be small-scale neighborhood-oriented businesses. Building location: To encourage a pedestrian environment and desirable streetscape, any new buildings in the village center should be placed close to the street, immediately adjacent to the sidewalk. Parking should be placed on the side or in the back of the building. Incompatible land uses: Commercial and utility uses should have as minimal impact as possible on adjoining residential areas in terms of visibility, noise, and air quality. Land uses should be compatible with the surrounding natural environment, specifically Roanoke River and Mill Mountain. Walnut Avenue Gateway: Ensure that the Walnut Avenue corridor is an attractive gateway into Roanoke's neighborhoods. Street trees: Arterial streets and the village center should maximize tree canopies. Mature trees with substantial canopies are an important part of a well designed street. Preferably, they should be in the planting strip between the sidewalk and the street to create separation between pedestrians and motor vehicles. If the planting strips are too narrow, trees may be planted in curb extensions or another location within the public right-of-way. Walnut Avenue Bridge: Provide upkeep of the Walnut Avenue Bridge and the preservation of its historically significant features. Ensure bridge is safe for pedestrian, as well as for vehicular traffic. Flood reduction: Support efforts to reduce flooding and potential damage to personal property. Actions Install curb and gutter: Install curb and gutter where needed on key arterial streets, such as Riverland Road and Belleview Avenue. Walnut Avenue Bridge: Nominate the bridge for the National Register of Historic Places. Roanoke River Flood Reduction Plan: Support Roanoke River Flood Reduction plan to minimize risk of flooding privately owned properties. 19 Zoning: Adjust zoning patterns to correspond to and implement the future land use map. 20 Residential Development Policies Housing maintenance: Housing maintenance codes will be strictly and aggressively enforced. Zoning patterns: Zoning patterns will support housing revitalization and desired future residential land use patterns and encourage the preservation of single- family housing. Residential design: Ensure compatibility of new residential development with existing development. Actions Zoning changes: Support zoning changes to better regulate parking in front yards. Rehabilitation District: Consider expansion of the rehabilitation district into eligible areas of the neighborhood, Design guidelines: Determine whether the entire neighborhood or a portion of the neighborhood is eligible for inclusion in the Neighborhood Design District Overlay to ensure that new construction is compatible with the traditional design of existing development. (dependent on passage of new zoning ordinance) 2] Economic Development Policies Village center: Encourage a vibrant village center in terms of appropriate form, scale, and activity. Actions Zoning: Map zoning patterns to allow medium-density residential development in and around the village center. Streetecape improvements: Implement special streetscape treatments in the village center. 22 I nfrastructu re Policies Village center public improvements: Special attention will be given to the quality of public street spaces in village centers. Distinguishing enhancements such as crosswalks, street furniture, additional street trees, and other public improvements will define the village center. Streetscapes: Streetscapes should be well-maintained, attractive and functional for pedestrian, bicycle, and motor vehicle traffic. Traditional neighborhood streets should have urban amenities such as sidewalks and curb and gutter. Street width: Streets should be kept at minimum width necessary to accommodate vehicular traffic and on-street parking. Actions Develop site-specific plans: Develop plans for the Walnut Avenue gateway and the neighborhood's village center. Improve streetscapes: streetscape improvements--as outlined in the Infrastructure Section--on the following priority streets: · Riverland Road · Walnut Avenue · Belleview Avenue · Laurel Avenue Develop site specific plans for priority streets if needed. 23 Public Services Policies Appearance and security: Roanoke will use multi-departmental approaches to make each neighborhood clean and safe. Housing maintenance and nuisance abatement: Roanoke will aggressively enforce housing maintenance codes and use public nuisance abatement ordinances to compel compliance. Encourage citizen participation in the identification of code violations. Open and functional alleys: Zoning regulations will encourage the use of alleys for access to parking in rear. Unused/undeveloped alleys and streets should be vacated, with the land being conveyed to adjoining property owners. Actions Distribute code enforcement information: Distribute code enforcement information, such as flyers and brochures, to citizens to encourage the reporting of violations. Inspections and clean-up: Regularly inspect alleys and streets, and coordinate quick clean-up of problem areas. 24 Quality of Life Policies Parking: Discourage parking of vehicles on private property and non-designated areas of public right of way for people accessing the upper portion of the Mill Mountain Greenway. Recreational opportunities: Increase recreational usage of the area along the Roanoke River. Actions Examine parking demand: Examine the demand and neighborhood's desire to designate parking areas for Mill Mountain Greenway users. Consider residential parking permit program if needed. Consider signs directing people to appropriate parking areas as well. Reduce speeding: Reduce speeding by implementing traffic-calming street designs and regular enforcement efforts. Increase recreational activities at Piedmont Park: Increase recreational uses of Piedmont Park. Consider installing a half-sized basketball court. Crime prevention education: Continue efforts to educate residents and stakeholders on better ways to secure their personal property and welfare. Complete Roanoke River Greenway: Complete the Roanoke River Greenway as part of the Roanoke River Flood Reduction Plan to provide a formal path for exercising and enjoying the riverfront. 25 Implementation Funding Funding for major infrastructure projects is generally provided through the City's Capital Improvement Program. Funding can come from a variety of sources, including CDBG, transportation funding, state and federal funds, and general revenue. The Capital Improvement Program is developed by identifying needed projects and matching them with potential funding sources. Each project is reviewed and ranked in terms of priority. The chart on the following page identifies major projects, their time frame, the lead agency or department, and potential sources of funding. The cost of most projects such as streetscape improvements cannot be determined until more detailed planning is completed. 26 Actions, time frames, participants, and 9 Zoning Changes * PBD PBD operating budget Install sidewalk and curb * * * * PW Tea-21, Bond, PW capita] account Nominate historically * PBD PBD operating budget eli~lible district Nominate Walnut Avenue * PBD PBD operating budget Bridge Determine eligibility for a rehabilitation district and , PBD neighborhood design PBD operating budgets district overlay Improve streetscapes * * * PW Tea-21, Bond, PW capital accounts Regularly inspect alleys and * PW PW operating budget streets Develop site-specific PBD operating streetscape plans for the , , PBD Walnut Avenue gateway and PW budget the village center PW capital account Determine parking solution for Mill Mountain Greenway * P&R P&R operating users budget Increase recreational * P&R P&R operating activities in Piedmont Park bud,qet Reduce speeding through PD TEA-21, PD and PBD enforcement and traffic- * * PW operating budgets, calming PBD PW capital account Crime prevention education * PD PD operat n.cl bud.clet Roanoke River flood PW capital account reduction and greanway * * * PW U.S. Army Corp of project Engineers Distribute code enforcement * HNS HNS operating information budget Abbreviations: ED = Roanoke Economic Development Department HNS = Roanoke Housing and Neighborhood Services PBD - Roanoke Planning Building and Development PD Roanoke Police Department P&R - Roanoke Parks and Recreation PW Roanoke Public Works TEA-21 - Transportation Enhancement Act (£edcral transportation £unding) 27 Riverland/Walnut Hills Current Zoning MAP 1' Existing Zoning MAP 2: Existing Land Use IRiverlandNValnut Hill Current Land Use O Ml~tJ~lmily O COr~rce r~at ~ Relgious O Vacant MAP 3: Future Land Use RiverlandANalnut Hill Future Land Use Map 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 02764741 Riverland/Walnut Hil 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 Virqinia. Sworn and subscribed before me this __~__~_ _day of July 2004. Witness my hand and al seal. ~~ ~ ~ Notary Public ...... . PUELiSHED ON: 07/02 07/09 TOTAL COST: FILED ON: 255.46 07/09/04 TO WHOM IT MAY ~ONGERN: i Notice Is hereby given pur- I 2020 ~e City's n-,emP~aen* of suc*h Compre~n~ve Plan, Office 12:00 2004. Authorized f Signature:__J~Z.~__J_/~_~ , Billing Services Representative NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given pursuant to §15.2-2204, of the Code of Virginia (1950), as amended, that Vision 2001 - 202Q, the City's Comprehensive Plan, is proposed to be amended to include the Riverland/Walnut Hills Neighborhood Plan as an element of such Comprehensive Plan. A copy of the proposed Rivefland/Walnut Hills Neighborhood 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, July 19, 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 a~n 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, July 15, 2004. GIVEN under my hand this 1st dayof July _,2004. Mary F. Parker, City Clerk. H:LNOTICES~N-AMENDCO Mp KEHENSIV EPLAN (KIVEP~LANDWALNUTHILLS) 071904 DOC Notice to Publisher: Publish in the Roanoke Times once on Friday, July 2, 2004, and once on Friday, July 9, 2004. Send bill and affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: {540) 853-2541 Fax: (540) 853-1145 E-mail: clerk~ci.roanoke.va.us July 23, 2004 File #249 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Stephanie Brown, Vice-President Southern Property Investments, Inc. 122 N. Pollard Street Vinton, Virginia 24179 Dear Ms. Brown: Your petition appealing a decision of the Architectural Review Board for a Certificate of Appropriateness with regard to property located at 422/424 Woods Avenue, S. W., was before the Council of the City of Roanoke at a regular meeting which was held on Monday, July 19, 2004. Based on evidence, testimony and documents, Council voted to affirm the decision of the City of Roanoke Architectural Review Board on May 13, 2004, that no Certificate of Appropriateness be issued for the replacement of vinyl siding, as set forth in the Petition of Appeal, on the grounds that the installation is not compatible with the architectural defining features of the building. Mary F. Parker, CMC City Clerk MFP:ew Stephanie Brown July 23, 2004 Page 2 pc: Jackie Canaday, President, Old Southwest, Inc., 424 Washington Avenue, S. W., Roanoke, Virginia 24016 Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Rolanda B. Russell, Assistant City Manager for Community Development R. Brian Townsend, Director, Planning, Building and Development Martha P. Franklin, Secretary, Architectural Review Board OF R ANOKE Office of the C ty Clerk Mary F. Parker, CMC City Clerk June 10,2004 Stephanie M. Moon,CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: I am enclosing copy of a Petition for Appeal filed by Stephanie Brown, d/b/aSouthern Property Investments, Inc., in connection with a decision of the Architectural Review Board to deny issuance of a Certificate of Appropriateness with regard to property located at 422/424 Woods Avenue, S.W. The petition was filed in the City Clerk's Office on Wednesday, June 9, 2004. Section 36.1-642, Review Procedure, Code of the City of Roanoke (1979), as amended, provides that any property owner aggrieved by any decision of the Architectural Review Board may present to the City Council a petition appealing such decision, provided such petition is filed within 30 days after the decision is rendered by the Board. The Council shall schedule a public meeting and render a decision on the matter within 60 calendar days of receipt of the petition. Council may reverse or modify the decision of the Architectural Review Board, in whole or in part, or it may refer the matter back to the Board or affirm the decision of the Board. With the concurrence of Council, I will include the Petition for Appeal on the Monday, July 19, 2004, 7:00 p.m., City Council agenda. With kindest regards, I am Sincerely, Mary F. Parker, CMC City Clerk MFP:ew U.t^OD=~,i ¢; T~ t~: ,e,~ R\,II INF 19~422 424 WOODS AVE SOUTHERN PROPERTY INV.DOC The Honorable Mayor and Members of the Roanoke City Council June :~0, 2004 Page 2 Enclosure pc: The Honorable Sherman P. Lea, Council Member-Elect, 1638 Lonna Drive, N. W., Roanoke, Virginia 24019 The Honorable Brian J. Wishneff, Council Member-Elect, 2913 Wycliffe Avenue, S. W., Roanoke, Virginia 24014 Jacki Canaday, President, Old Southwest, Inc. 424 Washington Avenue, S. W., Roanoke, Virginia 24016 Stephanie Brown, Vice President, Southern Property Investments, Inc., 122 N. Pollard Street, Vinton, Virginia 24:~79 Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Rolanda B. Russell, Assistant City Manager for Community DeveloPment Robert B. Townsend, Director, Planning, Building and Development Martha P. Franklin, Secretary, Architectural Review Board Robert A. Clement, Jr., Roanoke Neighborhood Partnership, Neighborhood Development Specialist H:~APPEALS TO THE ARB'JUNE 19\422 424 WOODS AVE SOUTHERN PROPERTY INV.OOC VIRGINIA; IN THE COUNCIL OF THE CITY OF ROANOKE IN THE MATTER OF PETITION FOR APPEAL This is a Petition for Appeal from a decision of the Architectural Review Board under Section 36.1-642(d) of the Zoning Ordinance of the Code of the City of Roanoke (1979), as amended. Name of Petitioner(s): Doing business as (if applicable): .~u'~C~q ~'~Farm_C-~, ~.dg~.~, ~. ~ I Street address of propeAy which is the subject of this appeal: Overlay zoning (H-l, Historic District, or H-2, Neighborhood Preservation District) of property(ies) which is the subject of this appeal: ~,- ,,~ Date the hearing before the Architectural Review Board was held at which the decision being appealed was made: ~'~ZLU~ IS; ~OO~ Section of the Code of the City of Roanoke under which the Certificate of Appropriateness was requested from the Architectural Review Board (Section 36.1-327 if H-1 or Section 36.1-345 if H-2): ~ -'g~5 Description of the request for which the Certificate of Appropriateness was sought from the Architectural Review Board: Grounds for appeal: I~o~o~ c'ec~,~,e.8 -~ '-~ae. Name, title, address and telephone number of person(s) who will represent the Petitioner(s) before City Council: WHEREFORE, your Petitioner(s) requests that the action of the Architectural Review Board be reversed or modified and that a Certificate of Appropriateness be granted. Signature of Owner(s) (If not Petitioner): Name: (print or type) Name: (print or type) Signature of Petitioner(s) or representative(s), where applicable: Name: ~3~'e~r)~e ~¢~n (pnnt or type) Name: (print or type) Received by: ~ f~'V//'-- SUGGESTED MOTION TO AFFIRM THE DECISION OF THE CITY OF ROANOKE ARCHITECTURAL REVIEW BOARD AND TO DENY THE REQUEST FOR A CERTIFICATE OF APPROPRIATENESS TO 1NSTALL VINYL SIDiNG AT 422/424 WOODS AVENUE, S.W. L~tod/ "Based upon the evidence (testimony and documents) presented to this Council at ay's hearing, I move that the decision of the City of Roanoke Architectural Review Board on May 13, 2004, be affirmed and that no Certificate of Appropriateness be issued for the installation of vinyl siding at 422/424 Woods Avenue, S.W., as set forth in the Petition for Appeal, on the ground that the proposed installation would not be compatible with the architectural defining features of the building." Or SUGGESTED MOTION TO REVERSE THE DECISION OF THE CITY OF ROANOKE ARCHITECTURAL REVIEW BOARD AND TO GRANT THE REQUEST FOR A CERTIFICATE OF APPROPRIATENESS TO INSTALL VINYL SIDiNG AT 422/424 WOODS AVENUE, S.W. "Based upon the evidence (testimony and documents) presented to this Council at today's hearing, I move that the decision of the City of Roanoke Architectural Review Board on May 13, 2004, be reversed and that a Certificate of Appropriateness be issued for the installation of vinyl siding at 422/424 Woods Avenue, S.W., as set forth in the Petition for Appeal, on the ground that the proposed installation would be compatible with the architectural defining features of the building." H:XARB\MOTION$- 422 424 WOODS AVE - 071904 DOC CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning@ci, roanoke.va.us July 19, 2004 Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice-Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Southern Property Investments, Inc. Appeal of Architectural Review Board Decision - 422 Woods Avenue, S.W. Background: In April 2004, a citizen advised staff that vinyl siding was being applied to the house at 422 Woods Avenue, S.W., which is within the H-2, Neighborhood Preservation District. Ms. Anne Beckett, Architectural Review Board Agent, followed up on the complaint and contacted Ms. Stephanie Brown of Southern Property Investments, Inc., the owner of the property. She met with Ms. Brown to discuss the project and arrange for the required design review. Ongoing work on the house was stopped pending review by the Architectural Review Board (ARB). The two-story frame house was built in 1920 and remains in good condition. Staff advised Ms. Brown that replacement of siding required a Certificate of Appropriateness issued by the ARB. Ms. Brown indicated that she was unaware that a Certificate of Appropriateness was required for vinyl siding. Ms. Brown filed an application for a Certificate of Appropriateness, which was considered by the ARB on May 13, 2004 (See Minutes: Attachment A). Ms. Brown stated that she did not want to paint the house, and that the vinyl siding was more economically viable on an investment property. ARB members expressed concern that the architectural details of the house had been lost as a result of the addition of the vinyl siding to the soffits and window details. Board members also commented that the Board was trying to protect the streetscapes of the neighborhood. They stated that the wood siding is a character-defining feature of the house, which contributes to the streetscape of the neighborhood. Ms. Brown stated that she was willing to remove the vinyl from the soffits and windows as long as she could use the vinyl siding on the house. The motion to approve the application failed by a 0-7 vote. Ms. Brown was formally notified of the denial and of her right to appeal to City Council by letter dated May 12, 2004. Ms. Brown filed an appeal of the Architectural Review Board's decision on June 5, 2004 (Attachment B). Considerations: Section 36.1-345(a) of the Zoning Ordinance provides: "In order to encourage the preservation and enhancement of the district and encourage the rehabilitation and new construction in conformance with the existing scale and character of the district, the architectural review board shall review and approve the erection of new buildings or structures, including signs, the demolition, moving, reconstruction, alteration or restoration, of existing structures and buildings, including the installation or replacement of siding, or reduction in their floor area, including the enclosure or removal of a porch. No such erection, demolition, moving, reconstruction, alteration, restoration, or enlargement or reduction of a structure, or building, shall be undertaken without the issuance of a certificate of appropriateness by the board, unless otherwise specified herein." (emphasis added). The H-2 Architectural Design Guidelines adopted by the ARB and endorsed by City Council state that historic wood siding is a distinctive feature of many Roanoke residences and that changing or covering siding can often alter or destroy the authentic character of a building. The guidelines also state that the application of synthetic siding is inappropriate because it can trap moisture and hide damage that needs to be repaired; and it is applicable only in the most severe cases where the Board finds it necessary to save a building. The guidelines further recommend the following be considered for synthetic siding: · Do not replace sound historic siding with new materials to achieve an "improved" appearance. · Historic wood siding is a distinctive feature that helps to define the visual characteristics of a building. · Both new and historic siding requires periodic maintenance to give a building proper weather protection. · Match the historic material in dimension, profile, texture, and reliefs. · Retain existing siding: Identify and keep the original exterior siding materials as well as any unique siding. There have been two previous appeals to City Council related to vinyl siding. In June, 2003, Mr. Dana Walker of Hall & Associates appealed the ARB's decision to deny his application of vinyl siding at 702 Marshall Avenue. City Council unanimously upheld the ARB's decision. In September, 2003, Mr. Lewis Burger appeared before the ARB to obtain a Certificate of Appropriateness for the installation of vinyl siding that he had applied to his rental property at 802/804 Marshall Avenue. The ARB denied his application by a 0-7 vote. In December, 2003, City Council upheld the ARB's decision to deny the application. Since January, 2001, the ARB has approved four applications for vinyl siding. With these projects, the applicant provided sufficient detail and proposed to apply the materials in a manner that preserved the character-defining features of the house. Recommendation: The Architectural Review Board recommends that City Council affirm its decision to deny the issuance of a Certificate of Appropriateness. Sincerely, Robert N. Richert, Chairman Architectural Review Board CC: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney R. Brian Townsend, Director, Planning Building and Development Anne S. Beckett, Agent, Architectural Review Board ATTACHMENT A City of Roanoke Architectural Review Board May 13, 2004 MINUTES Resources. The ~ular meeting of the City Architectural Review Board was held on ~,, May ] 3, 2004, in the Emergency Operations Center Room of the IorMunicipaIBuilding. The meeting was called to order at 4:10 RobertRichert, Chairman. The Chairman read the rules of nd the Board's Mission Statement. Mr. Richertthen dge Weiss from the State's Department of Historic tendance was as follows: Members Barbara Botkin Alison Blanton (late) Don Harwood Robert Manetta Robert Richert ames Schlueter ~n Stephenson The following items were )nsidered: 1. Approval of Minutes - 2004. There being no additions and was made, duly seconded and a minutes as distributed. ' corrections to the minutes, a motion )roved by a vote of 6-0 to approve the Request from Southern Property Investments, inc., for a Certificate of Appropriateness approving installation of vinyl sidinq at 422 Woods Avenue, S.W. Stephanie Brown, representing Southern Property Investments, Inc., appeared before the Board and said that she shared the Board's interest in seeing the neighborhood developed. She said that Southern Properties owned four properties in the neighborhood and were not only investors but also residents of Old Southwest. She said that she was unaware that a Certificate of Appropriateness was required for siding, but was aware that no building permit was required. She said that she had reada pamphlet on the guidelines which stated no certificate was required for siding. She also questioned how one would know a certificate was required for siding if a building permit was not required. Architectural Review Board May 13, 2004 Page 2 Ms. Brown said that it was true that the wood siding was in good condition and she wanted to keep it that way by using the vinyl siding. She again referred to the Board's literature about vinyl siding, noting that she felt she had followed the guidelines when she started the project at 422 Woods. Ms. Brown said that she was not covering the windows on the front of the house or the front porch with vinyl, but would be painting them. Ms. Brown said that in her block alone there were 10 of 13 houses with vinyl siding and that a number of houses had been covered within the last few years. Mr. Richert asked for comments. Mr. Harwood asked if there was any problem with the existing siding other than some fading or peeling. Ms. Brown said there was not. Mr. Harwood asked Ms. Brown if she had gotten a recommendation from a painting contractor. Ms. Brown responded that she had gotten an estimate from Gene West for a 7-10 year paint for a price of $15,000. She said that as an investment property owner she did not make the money on the house to keep it maintained like she would like to maintain it. She said that siding the property was the most cost effective way to maintain it. Mr. Manetta commented that the siding had been installed on the eaves in a perpendicular manner. He said that was inappropriate. Ms. Brown said that in order to keep the siding from warping, it was applied perpendicular to the house. Mr. Manetta said that Ms. Brown had added an inharmonious architectural feature to the building that did not belong there. Ms. Brown said that it matched the eaves and soffits on other houses on the street. Mr. Manetta said that some things were done a number of years ago, however, times had changed and the regulations had been modified. Architectural Review Board May 13, 2004 Page 3 Ms. Brown said that the guidelines were a real encumbrance on the property owner when buying a home. She said she did not know there was a certificate of appropriateness required for vinyl siding. Mr. Stephenson said there were some architectural details on the windows on the front of the house that were not seen on the windows on the side of the house. Ms. Brown said that was true and that some of the detailing had broken off. Mr. Stephenson said that the character of the house suffered from the loss of the minor details. Ms. Brown said that she was open for compromise and was willing to remove the vinyl siding from the eaves and from the windows and paint it. She said that she wanted the vinyl siding on the house, but was wiling to take the vinyl off the windows and eaves. Mr. Harwood said that the Board had been struggling with the vinyl siding over wood siding for some time. He said that problems arose when the detailing of the soffit was lost as well as the trim around the windows and doors. He said that the prominent house material was wood siding and the Board's charge was to preserve that material. He said that covering the wood with vinyl went against the grain of what the Board was trying to preserve as far as the streetscape was concerned. Alison Blanton arrived at 4:30 p.m. Ms. Brown said that one of her concerns was where could she receive financial assistance as a property owner that would offset the cost of maintaining property in the historic district; i.e., tax breaks, etc. Mr. Manetta said that the property value in the historic districts had been going up faster than in neighborhoods which did not have such designations. He further commented on the siding issue, noting that if the Board continued to allow siding it would essentially eliminate the historic district. Mr. Richert asked for staff comments. Ms. Beckett said that the proposal did not meet the design guidelines. She also said that she had done research on paints and had some good information on what was available. Ms. Beckett also noted that once she Architectural Review Board May 13, 2004 Page 4 had been informed that the siding work was taking place, a stop work order had been issued to the owner. She said, however, that the owner continued to apply the siding after the stop work order was issued. Ms. Brown said that because of the weather some of the siding had been installed. Mr. Richert asked for comments from the audience. Mrs. Jackie Canaday, President of Old Southwest, Inc. (OSW) appeared before the Board and said that OSW stood by the H-2 guidelines and discouraged any vinyl siding in the neighborhood. She said that vinyl distorted the outside look of the home and the organization wanted to maintain the interesting homes in the area. There being no further comments, Mr. Richert called for a roll call vote on the application. By a roll call vote of 0-7, the request was denied, as follows: Ms. Botkin - no Mr. Harwood - no Mrs. Blanton - no Mr. Manetta- no Mr. Schlueter - no Mr. Stephenson - no Mr. Manetta- no 3. Req~,est from Steve Brown for a Certificate of Appropriateness appro'~jng roof replacement at 550 Walnut Avenue, S.W. Mr. Brown said~l~ had nothing to add to his application. Mr. Richert asked f~questions. Mr. Schlueter asked if t~ere was a sample shingle available for the Board to review. Mr. Brown said he was going~o use an architectural shingle. He said he hadn't chosen a specific one y~ Mr. Richert asked if Mr. Brown int~ed to replace the ridge caps. Mr. Brown said that if that was require~d, he would do it. ATTACHMENT B VIRGINIA; IN THE COUNCIL OF THE CITY OF ROANOKE IN THE MATTER OF PETITION FOR APPEAL This is a Petition for Appeal from a decision of the Architectural Review Board under Section 36.1-642(d) of the Zoning Ordinance of the Code of the City of Roanoke (1979), as amended. 1. Name of Petitioner(s): ~n~,,~ ~ /~. f'6~l'l 2. Doing business as (if applicable): ~'~a.('~q~-~C~r~r~ ~n~e~'~. eq'~ 3. Street .address of property which is the subject of this appeal: Overlay zoning (H-l, Historic District, or H-2, Neighborhood Preservation District) of property(les) which is the subject of this appeal: t&. ~ Date the hearing before the Architectural Review Board was held at which the decision being appealed was made: Section of the Code of the City of Roanoke under which the Certificate of Appropriateness was requested from the Architectural Review Board (Section 36.1-327 if H-1 or Section 36.1-345 if H-2): ~ 3~ Description of the request for which the Certificate of Appropriateness was sought from the Architectural Review Board: · ' Grounds for appeal: ~J_rrCrocr~o'4hovq t'"~c~\,o~c~ 4,.:c~,,x Name, title, address and telephone number of person(s) who will represent the Petitioner(s) before City Gouncil: WHEREFORE, your Petitioner(s) requests that the action of the Architectural Review Board be reversed or modified and that a Certificate of Appropriateness be granted. Signature of Owner(s) (If not Petitioner): Name: (print or type) Name: (print or type) Signature of Petitioner(s) or representative(s), where applicable: Name: (IJrint or type) Name: (print or type)