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HomeMy WebLinkAboutCouncil Actions 08-16-04McDaniel 36804-081604 ROANOKE CITY COUNCIL REGULAR SESSION AUGUST 16, 2004 2.'00 p.M. CITY COUNCIL CHAMBER A GENOA Call to Order - Roll Call· (Council Member Lea was absent.) The Invocation was delivered by The Reverend David Walton, Pastor, Belmont Presbyterian Church. 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 RV-I-V Channel 3. Today's meeting will be replayed on Channel 3 on Thursday, August 19, 2004, at 7:00 p.m., and Saturday, August 21,2004, at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. m 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, 21 5 CHURCH AVENUE, S. W., OR CALL 853-2541. THE CITY CLERK'S OFFICE PROVIDES THE MAJORITY OF THE CITY COUNCIL AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT WWW. ROANOKEGOV.COM, CLICK ON THE ROANOKE CITY COUNCIL ICON, CLICK ON MEETINGS AND AGENDAS, AND DOWNLOAD THE ADOBE ACROBAT SOFTWARE TO ACCESS THE AGENDA. ALL PERSONS WISHING TO ADDRESS COUNCIL ARE REQUESTED TO REGISTER WITH THE STAFF ASSISTANT WHO IS LOCATED AT THE ENTRANCE TO THE COUNCIL CHAMBER. ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH, HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLO'I-I'ED THREE MINUTES. ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITTEE IS REQUESTED TO CONTACT THE CITY CLERK'S OFFICE AT 853-2541, OR ACCESS THE CITY'S HOMEPAGE AT WWW. ROANOKEGOV.COM, TO OBTAIN AN APPLICATION. PRESENTATIONS AND ACKNOWLEDGEMENTS: Proclamation declaring Friday, August 27, 2004, as Hokie Pride Day. File #3 Presentation by Downtown Roanoke, Inc. David Diaz, Executive Director, Spokesperson. (Sponsored by the City Manager.) File #80-277 2 3. CONSENT AGENDA C-1 Approved (6-0) ALL MA~-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. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. Minutes of the regular meeting of Council held on Monday, June 21, 2004. C-2 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 C-3 C-4 A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss disposition of publicly-owned property, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in the request. File #2-132 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 3 C-5 A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss disposition of publicly-owned property, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in the request. File #2-1 32 C-6 A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss disposition of publicly-owned property, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in the request. File #2-132 'C-7 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-8 A communication from Council Member Brian J. Wishneff requesting that Council convene in a Closed Meeting to discuss acquisition of real property for public purpose, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the 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 4 C-9 Qualification of the following persons: William F. Clark as a member of the Towing Advisory Board for a term ending June 30, 2007; and M. Rupert Cutler as a member of the Roanoke Valley Area Metropolitan Planning Organization, to fill the unexpired term of William D. Bestpitch, ending June 30, 2005. RECOMMENDED ACTION: Approved (6-0) File #110-200-543 Receive and file. REGULAR AGENDA 4. PUBLIC HEARINGS: NONE. 5. PETITIONS AND COMMUNICATIONS: Request to present cost collection results for fiscal year 2003-04. Donald S. Caldwell, Commonwealth Attorney, Spokesperson. (Sponsored by the City Manager.) Received and filed. File #60-133 Recommendation from the Commonwealth Attorney for acceptance of Multi-Jurisdictional Special Drug Prosecutor grant funds, in the amount of $87,91 7.00; and a communication from the City Manager concurring in the recommendation. Adopted Budget Ordinance No. 36804-081604 Resolution No. 36805-081604. (6-0) File #60-133-236 and Recommendation from the Commonwealth Attorney for appropriation of Forfeited Criminal Assets funds, to continue criminal law enforcement efforts; and a communication from the City Manager concurring in the recommendation. Adopted Budget Ordinance No. 36806-081604. (6-0) File #60-133 6. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: · Employee Development · Family Medical Leave Act (Requested by Council Member Wishneff) File #184 ITEMS RECOMMENDED FOR ACTION: 1. 15 minutes 10 minutes Appropriation and transfer of funds in connection with the Dale Avenue and Vernon Street Intersection Improvements project. Adopted Budget Ordinance No. 36807-081604. (6-0) File #60-514 Execution of Amendment No. 2 to the 2002-03 CDBG and HOME Agreement with the Roanoke Redevelopment and Housing Authority. Adopted Resolution No. 36808-081604. (6-0) File #1 78-200-236 6 Execution of Amendment No. 2 to the 2002-03 CDBG and HOME' Agreement with the Blue Ridge Housing Development Corporation. Adopted Resolution No. 36809-081604. (6-0) File #178-200-236 Execution of the 2004-05 CDBG Subgrant agreement with Business Seed Capital, Inc. Adopted Resolution No. 36810-081604. (6-0) File #200-236 Execution of an amendment to the 2003-04 Consolidated Plan Annual Update to allow use of CDBG funds for reimbursement to Blue Ridge Housing Development Corporation for the cost of a property intended for the Southeast Healthcare Center. Adopted Resolution No. 36811-081604. (6-0) File #1 78-200-236 Execution of an agreement with the Roanoke City Public Schools to lease space at 107 Church Avenue, S. W., for operation of the C.I.T.Y. School Program for a period of five years, with one five- year renewal option. Adopted Ordinance No. 36812-081604. (6-0) File #166-373-467 Authorization for an additional permanent computer support position in the Department of Technology to provide computer support to the Roanoke City Public School System and to the Western Virginia Water Authority, and appropriation of funds. Adopted Budget Ordinance No. 36813-081604. (6-0) File #60-301-467-468 b. CITY A'I-fORN EY: Proposed ordinance conforming City regulations relating to paintball guns to new requirements in the Code of Virginia. Adopted Ordinance No. 36814-081604. (6-0) File #24-137 c. DIRECTOR OF FINANCE: Financial Report for the month of June 2004, including CMERP balance. Received and filed. File #10 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. 36815-081604. (6-0) File #60-467 Request of the Roanoke City School Board that a resolution be adopted indicating that the City will participate in the 2004 Interest Rate Subsidy Program Bond Issue, in connection with the Lincoln Terrace project; and that Council schedule a public hearing for Tuesday, September 7, 2004, at 2:00 p.m., or as soon thereafter as the matter may be heard. Adopted Resolution No. 36816-081604. (6-0) File #53-467 8. UNFINISHED BUSINESS: NONE. 8 9. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 10. MOTIONS AND MISCELLANEOUS BUSINESS: ' a. Inquiries and/or comments by the Mayor, Vice-Mayor and Members of City Council. Council Member Dowe commended participation by Virginia Tech and the City of Roanoke in the Emerging Leaders Workshop which was recently held at The Hotel Roanoke and Conference Center and was attended by top African-American students from historically black colleges and universities throughout the country. He also commended the City of Roanoke on its recruitment efforts during the workshop. File #184-202 Council Member Wishneff expressed appreciation to the Roanoke City School Board for committing to increase the amount of funds allocated for school safety. File #5-467 Vice-Mayor Fitzpatrick requested that the Commissioner of the Revenue be encouraged to use the City's new branding image on 2005 City of Roanoke vehicle decals. The Mayor advised that he would communicate the request of Council. File #20-106 Vacancies on certain authorities, boards, commissions and committees appointed by Council. 9 1 1. HEARING OF CITIZENS UPON PUBLIC MA'I-I'ERS: 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. Ms. Pat Lawson, 1618 Riverside Terrace, S. E., requested that Council appoint Ms. Alice Hincker to the Stadium Study Committee. File #110-122 12. CITY MANAGER COMMENTS: NONE. CERTIFICATION OF CLOSED SESSION. (6-0) Appointed Patricia Cronise and Richard Kepley as members of the Stadium Study Committee. File #110-122 THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL 7:00 P.M., IN THE CITY COUNCIL CHAMBER. 10 ROANOKE CITY COUNCIL REGULAR SESSION AUGUST I ~, 2004 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order -- Roll Call. (Council Member Lea was absent.) The Invocation was delivered by Council Member Alfred T. Dowe, 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 RV'fVChannel 3 to be replayed on Thursday, August 19, 2004, at 7:00 p.m., and Saturday, August 21, 2004, at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE. A. PUBLIC HEARINGS: Request of C. Douglas and Ana P. Corbin to permanently vacate, discontinue and close the southernmost portions of Thyme, Linden and Pink Streets, S. E., at their intersections with Ivy Street. Daniel F. Layman, Jr., Attorney. Adopted Ordinance No. 3681 7-081604. (6-0) File #51 4 Request of Hollins Road Church of the Brethren, Doris P. Fitzgerald, John H. and Melba W. Burleson, to permanently vacate, discontinue and close an alley located between the 800 blocks of Palmer Avenue and Liberty Road, N. E. Doug Noell, Spokesperson. Adopted Ordinance No. 36818-081604. (6-0) File #51 4 Request of 2123 Crystal Spring Avenue, LLC, that proffered conditions presently binding upon a tract of land located at 2123 Crystal Spring Avenue, S. W., identified as Official Tax No. 1050514, as set forth in Ordinance No. 34734-040300, be repealed and replaced with new proffered conditions. Ray Craighead, Craighead & Associates, Spokesperson. Adopted Ordinance No. 36819-081604. (6-0) File #51 Request of Roanoke Gas Company that a portion of Kimball Avenue, N. E., right-of-way bounded on the east by Official Tax No. 3015009, on the south by Official Tax No. 3015001, and extending from the northwest corner of Official Tax No. 3015009, be permanently vacated, discontinued and closed. John D'Orazio, Chief Operations Officer, Spokesperson. Adopted Ordinance No. 36820-081604. (6-0) File #514 12 Amendment of Vision 2001-2020, the City's Comprehensive Plan, to include the Williamson Road Area Plan. R. Brian Townsend, Agent, City Planning Commission. Tabled until Monday, October 18, 2004, at 7:00 p.m. File #200-424 Council Member Cutler left the meeting. Request of the City of Roanoke that a tract of land located at the intersection of Orange Avenue and Blue Hills Drive, N. E., designated as Official Tax No. 7160113, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. R. Brian Townsend, Agent, City Planning Commission, Spokesperson. Adopted Ordinance No. 36821-081604. (6-0) File #51 Adoption of an agreement between the City of Roanoke and the County of Roanoke authorizing relocation of portions of boundary lines located along Berkley Road, Underhill Avenue, and at the intersection of Draper Road and Old Rocky Mount Road. Darlene L. Burcham, City Manager. Adopted Ordinance No. 36822-081604. (6-0) File #444 Comments with regard to the proposed Solid Waste Management Plan. Darlene L. Burcham, City Manager. (No action was taken.) File #27-468 Encroachment of an awning at a height of 10 feet above the sidewalks and extending 42 inches into the public right-of-way at 16 Campbell Avenue, S.W. Darlene L. Burcham, City Manager. Adopted Ordinance No. 36823-081604. (6-0) File #169 B. HEARING OF CITIZENS UPON PUBLIC MA'I-I-ERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. MA'I-I-ERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. Mr. Bill McClure, 542 Walnut Avenue, S. W., expressed concern that citizens were not afforded the opportunity to provide input with regard to the City's proposed geographic policing policy. File #5-467 Mr. Chris Craft, 1501 East Gate Avenue, N. E., expressed concern that no member of the Stadium Study Committee is under the age of 40; therefore, he requested that Council appoint one person to the committee who is 35 years of age or younger. File #110-122 Mr. E. Duane Howard, 508 Walnut Avenue, S. W., expressed concern with regard to operation of the Police Department, lack of confidence in the Chief of Police, and administration of the School Resource Officer program. File #5-467 Ms. Helen E. Davis, 35 Patton Avenue, N. E., advised that the heart of any city is its employees who are responsible for the day to day operation and expressed concern with regard to retaliation against Roanoke City employees who speak out. She requested that the City Manager be held accountable and that Council support City employees. File #5-184-467 Ms. Alice P. Hincker, 4024 South Lake Drive, S. W., requested that the School Resource Officer program retain its special unit status with Sergeant Manuel Bocanegra as Supervisor and coordinator of the program. File #5-467 ]4 Mr. Paul Holt, III, 1305 Burks Street, S. W., expressed concern with regard to the City's proposed geographic policing policy. He advised that the job of Council is to be accountable to the citizens of the City of Roanoke. File #5-467 Ms. Theresa Gill-Walker, 2807 Ordway Drive, N. W., spoke with regard to the proposed methadone clinic on Hershberger Road, N. W., and expressed concern relative to the amount of damage that a methadone clinic, which is not properly operated, can do to a community over a short period of time. She requested that the proposed methadone clinic be located in a more confined and controlled area. File #66-76 Mr. Robert Gravely, 729 Loudon Avenue, N. W., advised that there appears to be a lack of concern for Roanoke's citizens inasmuch as the City has no agenda for the people, for the City's work force and for education. He expressed concern with regard to the overall deterioration of the inner city and the lack of affordable housing. File #66-178 Office of the Mayor CITY OF ROANOKE WHEREAS, the Roanoke Valley has had a long and mutually beneficial relationship with Virginia Tech and its alumni and supporters, and the Roanoke Valley is home to many thousands of Virginia Tech alumni and.[riends ; and WHEREAS, Virginia Tech has brought positive attention to Southwest Virginia in academics, research and athletics, and the City of Roanoke takes pride in the accomplishments of the University; and WHEREAS, the Virginia Tech HoMe Club and the Virginia Tech Alumni Association will promote Friday. August 27, 2004, as the fifth annual "HoMe Pride Day", in order to allow supporters to demonstrate their HoMe pride. NOgF, THEREFORE, 1, C. Nelson Harris, Mayor of the City of Roanoke, Virginia, do hereby proclaim Friday, August 27, 2004. throughout this great All- America City, us HOKIE PRIDE DA Y. Given under our hands and the Seal of the City of Roanoke this thirteenth day of August in the year two thousand and four. ATTEST: Mary F. Parker C. Nelson Harris City Clerk 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 August i 6, 2004 The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: I would like to sponsor a request from David Diaz, President of Downtown Roanoke Inc., to present to Council a meritorious award for downtown improvement at 1 1 9 Norfolk Avenue. Respectfully submitted, City Manager DLB:sm C; City Attorney Director of Finance City Clerk 1162 REGULAR WEEKLY SESSION .... ROANOKE CITY COUNCIL June 21,2004 2:00 p,m. The Council of the City of Roanoke met in regular session on Monday, June 21, 2004, at 2:00 p.m., the regular meeting hour, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to Chapter. 2, Administration, Article II, City Council, Section 2-15, .Rules of Procedure, Rule 1, Reqular Meetinqs, Code of the City of Roanoke (1 979), as amended, and.pursuant to Resolution No. 36414-070703 adopted by the Council on Monday, July 7, 2003. PRESENT: Council Members Beverly T. Fitzpatrick, Jr., C. Nelson Harris, Linda F. Wyatt, William D. Bestpitch, M. Rupert Cutler, Alfred T. Dowe, Jr., and Mayor Ralph K. Smith ............................................... 7. ABSENT: None ......................... ~- ..................... O. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Jesse. A. Hall, Director of Finance; and Mary F. Parker, City Clerk. The invocation was delivered by Mayor Ralph K. Smith. The Pledge of Allegiance to the F. lag of the United States of America was led by Mayor Smith. PRESENTATIONS AND ACKNOWLEDGEMENTS: ACTS OF ACKNOWLEDGEMENT-CITY COUNCIL: Mr. Harris offered the following resolution paying tribute to the Honorable Ralph K. Smith, Mayor of the City of Roanoke, from July 1,2000 through June 30, 2004. N:\CCPSI~Minutes 04~June 21, 2004.doc 1163 (#36713-062104) A RESOLUTION paying tribute to the Honorable Ralph K. Smith, Mayor of the City of Roanoke, and expressing to him the appreciation of this City and its people for his exemplary public service. (For full text of resolution, see Resolution Book No. 68, Page 501 .) Mr. Harris moved the adoption of Resolution No. 36713-062104. The motion was seconded by Mr. Dowe and adopted by the following vote: AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler and Dowe .......... ~ .......... ~ ....................................... 6. NAYS: None .... ¥- ............................................ O. (Mayor Smith abstained from voting.) Mayor Smith advised that it has been the greatest honor of his life to serve in the capacity of Mayor and he will always owe a debt o[ gratitude to the citizens of Roanoke for electing him to the post of Mayor. He offered his service to the citizens of Roanoke in the future in any way that he might be of service. ACTS OF ACKNOWLEDGEMENT-CITY COUNCIL: Mr. Harris offered the following .resolution paying tribute to the Honorable William D. Bestpitch for his service as a member of the Roanoke City Council from July 1, 2004 through June 30, 2004: (#36714-062104) A RESOLUTION paying tribute to the Honorable William D. Bestpitch and expressing to him the appreciation of this City and its people for his exemplary public service. (For full text of resolution, see Resolution Book No. 68, Page 503.) 1164 Mr. Harris moved the adoption of Resolution No. 36714-062104. The motion was seconded by Mr. Fitzpatrick and adopted by the following vote: 'AYES: Council Members Fitzpatrick, Harris, Wyatt, Cutler, Dowe, and Mayor Smith ....................................................... 6. NAYS; None ................................................. 0. (Council Member Bestpitch abstained from voting.) Council Member Bestpitch advised that he will miss many things about serving on Roanoke City Council, but the thing he will miss :the most is the opportunity to see the many citizens of this City who are willing to volunteer their time on a regular basis. He stated that it has been amazing over the past four years to see the amount of time, energy and diligence that so many citizens who volunteer on boards and commissions have devoted to their City; it has been a privilege to see first hand what volunteers do for the City, usually with very little recognition and often during times when persons, who are not actively involved in the process, express criticism or complaints. He added that if one half of the citizens of the City of Roanoke did half as much as the volunteers who serve on boards and committees, it would not be necessary for City Council to meet twice monthly. ACTS OF ACKNOWLEDGEMENT-CITY COUNCIL: Mr. Dowe offered the following resolution paying tribute to the Honorable Linda F. Wyatt for her service as a member of Roanoke City Council from July 1, 2000 through June 30, 2004: (#36715-062104) A RESOLUTION paying tribute to the Honorable Linda F. Wyatt and expressing to her the appreciatiOn of this City and its people for her exemplary public service. (For full text of resolution, see Resolution Book No. 68, Page 505.) 1165 Mr. Dowe moved the adoption of Resolution No. 36715-062104. The motion was seconded by Mr. Fitzpatrick and adopted by the following vote: AYES: Council Members Fitzpatrick, Harris, Bestpitch, Cutler, Dowe and Mayor Smith ....................................................... 6. NAYS: None .................................................. 0. (Council Member Wyatt abstained from voting.) Council Member Wyatt advised that the second biggest honor of her life was serving for ten years on Roanoke City Council; and the first honor was bestowed upon her by the parents of the City of Roanoke when they allowed her to teach their children for more than three decades in the Roanoke City .Public School System. She expressed appreciation to the citizens of Roanoke for placing their trust and confidence in her as a Member of Council and during that time she did what she believed was in the best interest of the citizens of Roanoke, even though there are those who might agree and those who do not. She advised that as she looks back on the past ten years in regard to where the City was and where it has come, she is grateful to have had a small part in helping the City to grow and much of the City's progress is due to the efforts of citizens of the Roanoke Valley and specifically the City of Roanoke. She stated that Roanoke is a great place with wonderful people who have the City's best interests at heart and as long as Roanoke has people who care about their City and actively want to engage in what is best for their City, the City of Roanoke will grow and become the best it can be. She expressed citizens of Roanoke for the honor of serving as a member Council for the past ten years. appreciation to the of the Roanoke City ACTS OF ACKNOWLEDGEMENT-SCHOOLS: Mr. Harris offered the following resolution paying tribute to Dr. E. Wayne Harris, Superintendent of Roanoke City Public Schools from July ], 1993 through December 3], 2004:- 1166 (#36716-062104) A RESOLUTION paying tribute to Dr. E. Wayne Harris, Superintendent of Schools for the Roanoke City Public Schools, and expressing to him the appreciation of this City and its people for his public service to our community and its children. (For full text of resolution, see Resolution Book No. 68, Page 507.) Mr. Harris moved the adoption of Resolution No. 36716-062104. The motion was seconded by Mr. Fitzpatrick and adopted by the following vote: AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor Smith .............. ~ .............................. 7. NAYS: None .................................................. 0. Dr. Harris advised that it has been an honor and a pleasure for him to serve as Superintendent of Roanoke City Public Schools for the past 11 years, and almost one third of his career has been spent in the City of Roanoke. He stated that the Roanoke City School System is an outstanding school district, and submitted that Roanoke City's academic achievements over the past six to eight years stands in the top ten per cent of any city school district, large, medium or small, in the country, and he is proud of that accomplishment because it means that teachers, principals and support staff have focused on the core mission of the business of the schools. He saluted teachers, administrators and all of the support staff who work behind the scenes who rarely receive credit for the work they do; and he trusts that Council understands the deep commitment and competence of the people who take care of the children who attend Roanoke's schools because it is on their watch that Roanoke City Schools has been able to move forward. He expressed gratitude for having been a part of the progress of Roanoke City Schools for the past 11 years. ACTS OF ACKNOWLEDGEMENT-TREES: Daniel J. Henry, City of Roanoke Urban Forester, presented Council Member William D. Bestpitch and 1167 Council Member M. Rupert Cutler with a commemorative tree program sign and memento in recognition of their support of the City's urban forest. He advised that at the urging of Council Member Bestpitch, the City Manager appointed a citizen based, urban forestry task force to address the problem of the declining tree canopy in the City; Mr. Bestpitch served as liaison to the task force and Mr. Cutler volunteered to serve as a citizen member of the task force prior to his election to City Council. He stated that the task force developed an Urban Forestry Plan which is designed to restore Roanoke's tree canopy and Council adopted the plan as an element of Roanoke's Comprehensive Plan; an initiative of the Urban Forestry Plan was the development of a commemorative tree program which allows individuals and organizations to donate trees to the City of Roanoke in honor of or in memory of a loved one, or to .commemorate a person, event or idea; Mr. Bestpitch and his wife, Sherri, donated the program's first tree to the memory of Mr. Bestpitch's two grandfathers: E. W. Bestpitch and . James Hart, and in October 2003, an oak tree was planted in Highland Park in their memory; and a second tree was donated by Gary and Barbara Duerk in honor of Council Member Cutler and was planted in Fishburn Park at the annual greenway picnic. He presented Council Members Bestpitch and Cutler with a shadow box documenting the tree donations with information on the trees and their location and advised that signs will be placed in the ground at the base of each tree, Mr. Henry was requested to provide an update on tree planting in the City of Roanoke; whereupon, he advised that approximately 500 trees were funded for planting on City property this year, however, as a result of good purchasing practices, 700 trees were actually planted on City property through the fall and spring programs; an effort is made to plant trees in areas where they are needed the most, including parking lots, downtown areas, and residential areas; and eight commemorative trees were planted this year. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if 1168 discussion was desired, 'that item would be removed from the Consent Agenda and considered separately. He called specific attention to two requests for Closed Session. 'MINUTES: Minutes of the regular meeting of Council held on Monday, February 5, 2001; the regular meeting of Council held on Monday, April 19, 2004, recessed until Thursday, April 22, 2004, and recessed until Friday, April 30, 2004; and the special meeting of Council held on Thursday, April 29, 2004, were before the body. Mr. Fitzpatrick moved that the reading of the minutes be dispensed with and that the minutes be approved as recorded. The motion was seconded by Mr. Dowe and adopted by the following vote: AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor Smith ............................................. 7. NAYS: None ................................................. 0. CITY COUNCIL: A communication from Mayor Ralph K. Smith requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711(A)(1), Code of Virginia (1950), as amended, was before the body. Mr. Fitzpatrick moved that Council concur in the request of the Mayor to convene in a Closed Meeting as above described. The motion was seconded by Mr. Dowe and adopted by the following vote: AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor Smith ................................ = ............ 7. NAYS: None ................................................. 0. 1169 CITY COUNCIL: A communication from Council Member Alfred T. Dowe, Jr., Chair, City Council Personnel Committee, requesting that Council convene in a Closed Meeting to discuss performance evaluations of Council-Appointed Office~rs, pursuant to Section 2.2-3711(A)(1), Code of Virginia (1950), as amended, was before the body. Mr. Fitzpatrick moved that Council concur in the request of Council Member Dowe to convene in a Closed Meeting as above described. The motion was seconded by Mr. Dowe and adopted by the following vote: AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor Smith .................................. ~ .......... 7. NAYS: None ................................. ~ ............... 0. ROANOKE NEIGHBORHOOD PARTNERSHIP: A communication from John Renick, Secretary, advising of the resignation of Joe Schupp.as a member of the Roanoke Neighborhood Advocates, was before Council. Mr. Fitzpatrick moved that Council accept the resignation and receive and file the communication. The motion was seconded by Mr. Dowe and adopted by the following vote: AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor Smith ............................................. 7. NAYS: None .................................. ~ ........... ---0. REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: 1170 COMMUNITY PLANNING: The following item was sponsored by Mayor Smith and Council Member Bestpitch. Dr. Mindy Thompson Fullilove, author of Root Shock: How Tearing Up City Neighborhoods Hurts, America and What We Can Do About It, in which significant portions of the book are devoted to the history of urban renewal in ROanoke, as well as in Pittsburgh, Pennsylvania, Newark, New Jersey, and other cities, addressed Council with regard to the consequences of urban renewal which was conducted i;n the 1950's and ] 960's. She advised that one might think of urban renewal as having happened in the past although research conducted by her team suggests that, in fact, the effects of urban renewal are ongoing at the present time and have the potential to be with us for the foreseeable future; Mary Bishop's two articles in The Roanoke Times, 'Street by Street, Block by Block" and "Invisible Inner City" provide a detailed picture of the destruction caused by urban renewal; in "Street by Street", Ms. Bishop .revealed the massive losses incurred by African Americans residing in the urban renewal area, .including the loss of financial capital, social organization and unity; and iri "Invisible' Inner City", She documented the deterioration of inner City communities that flanked the urban renewal era. Dr. Fullilove further advised that the geographic proximity of urban renewal neighborhoods and deteriorating inner City neighborhoods is not an accident; urban renewal typically displaced people to circumjacent neighborhoods; to the extent that these neighborhoods were as old~ or nearly as old as the urban renewal areas, they differed little from the urban renewal neighborhoods in the likelihood that they would be tho.ught of as "blighted" and "unsuitable" for investment; though redlining is considered outmoded, the tendency to invest in new buildings and to steer money away from old buildings, especially when they are reoccupied by black people, has occurred throughout America; thus, the circumjacent neighborhoods themselves were marked for minimal investment or disinvestment and soon collapsed from over use and under repair. 1171 She stated that her research team considers that this is a contagious process in which destruction and/or disinvestment force people from one neighborhood to the next; distinction/disinvestment follows the people which is a chain reaction of movement, followed by collapse, followed by movement that is:set in motion and has no end in sight. She further stated that Roanoke is engaged in such a chain reaction; and on Tuesday, June 22, 2004, Richard Florida will be in Roanoke arguing that cities can prosper by offering an exciting place for creative people to live; however, in her view, the chain reaction of movement/destruction works directly against such a project of creating a diverse, open, exciting lifestyle in an urban setting. Dr. Fullilove added that the chain reaction of movement/collapse can be stopped by a new program of equitable distribution of resources, but it will not stop of its own accord; what must be done is a program of investment in inner city areas; and such investment should be made under the leadership of current residents, otherwise, the situation may swing from disinvestment to gentrification, which is just as powerful a force for displacement of the poor. She advised that investment takes time to show results; thus, it is important to have a concurrent program of place-making; place-making projects create parks, trails, gathering spaces, nature sanctuaries, and other inventions to reanimate places that have been left sterile by destruction or mindless development; and such interventions must be led by local people so as to solidify the sense of democracy and inclusion in the City. Dr. Fullilove stated that all cities like Roanoke need to have a deeper understanding of the importance that inter-neighborhood collaboration can have for the common good, and suggested the following processes: Citizens of ROanoke shoUld read Root Shock together. Citizen participation in the organization of a series of block parties, initially gathering people on their own blocks, and after that, a new kind of block party in which people extend hospitality to their neighbors from the other side oftown: 1172 In closing, Dr. Fullilove advised that Roanoke resembles the mass of American cities in not being consistently fine, but Roanoke has a most unusual charm and, it is believed with consistent application of resources in a democratic manner, Roanoke could be one of the finest cities in the nation. On behalf of the Council the 'Mayor expressed appreciation to Dr. Fullilove for her presentation. REPORTS OF OFFICERS: CITY MANAGER: ITEMS RECOMMENDED FOR ACTION: BUDGET-HOTEL ROANOKE CONFERENCE CENTER: The City Manager submitted a communication advising that The Hotel Roanoke Conference Center Commission was created by the Virginia General Assembly in 1991 to construct, equip, maintain and operate the Conference Center of Roanoke adjacent to The Hotel Roanoke; the City of Roanoke and Virginia Tech are participating entities in the Commission; in 1992, Council authorized establishment of an Agency Fund entitled, "Hotel Roanoke Conference Center Commission"; the Commission's enabling legislation allows participating parties equally to contribute funds to the Commission to fund operating deficits of the Commission and to enable the Commission to expend such revenues for proper purposes; the budget must be approved by each of the participating entities; Council included funding in the fiscal year 2004-2005 General Fund adopted budget to be used for-such purposes; and The Hotel Roanoke Conference Center Commission recommends a fiscal year 2004-2005 operating budget totaling $3,897,000.00 for consideration by Council. The City Manager recommended that Council approve The, Hotel Roanoke Conference Center Commission budget for fiscal year 2004-200S, appropriate 1173 $200,000.00 to Conference Center Commission Fund accounts, and establish revenue estimates of $100,000.00, each, for City and Virginia Tech contributions. 'Mr. Bestpitch offered the following budget ordinance: (#3671 7-062104) AN ORDINANCE adopting the Annual Operating Budget Hotel Roanoke Conference Center Commission for the fiscal year 2004-2005 and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 68, Page 509.) Mr. Bestpitch moved the adoption of Ordinance No. 3671 7-062104. The motion was seconded by Mr. Cutler and adopted by the following vote: AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor Smith ............................................. 7. NAYS: None .................................................. 0. Mr. Bestpitch offered the following resolution: (#36718-062104) A RESOLUTION.approving the annual operating budget of the Hotel Roanoke Conference Center Commission for Fiscal Year 2004-2005. (For full text of resolution, see Resolution Book No. 68~ Page 510.) Mr. Bestpitch moved the adoption of Resolution No. 36718-0621 04. The motion was seconded by Mr. Cutler and adopted by the following vote: AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor Smith .............................. ~ .............. 7. NAYS: None ................................................ O. 1174 BUDGET-GRANTS: The City Manager submitted a communication advising that CDBG, HOME and ESG funds provide for a variety of activities ranging from housing and community development to homelessness prevention and economic development through the U. S. Department .of Housing and Urban Development (HUD); the City has received these entitlement grant funds for over 20 years and must reapply annually to HUD to receive such funding; on May 13, 2004, pursuant to Resolution No. 36695-051304, Council authorized filing the three separate funding applications as part of approving the submission of the Annual Update to the Consolidated Plan to HUD. It was further advised that the funding release process is underway, and HUD's letter of approval is forthcoming granting the City access to its 2004- 2005 CDBG, HOME and ESG entitlements; the Annual Update approved by Council included $3,764,299.00 in new entitlement funds, anticipated program income and funds unexpended from prior year accounts; actions recommended include appropriation of an additional $62,526.00 received during the current fiscal year; the additional funds will be appropriated into unprogrammed accounts for use in' future activities and will be incorporated into the Consolidated Plan at a later d'ate through a revision or amendment; acceptance of the funds and appropriation or transfer to certain accounts are needed to permit 2004-2005 activities to proceed; and acceptance of the 2004-200S HOME entitlement requires $92,578.00 in local match, which requirement will be satisfied by excess matching funds banked in previous years from such sources as volunteer labor and income from a closed out Urban Development Action Grant used to support HOME program activities. The City Manager recommended that Council: Adopt a resolution accepting the 2004-2005 CDBG, HOME and ESG entitlement funds as detailed below, contingent upon receipt of the approval letter from HUD; CDBG 2004-05 Entitlement HOME 2004-05 Entitlement $2,207,000.00 808,299.00 ESG 2004-05 Entitlement TOTAL 80,731.00 $3,096,030.00 1175 Authorize the City Manager to execute the required Grant · Agreements, Funding Approval, and other forms required by HUD in order to accept the funds to be approved as to form by the City Attorney. Appropriate $3,096,030.00 entitlement and $515,051.00 in anticipated program income to revenue and expenditure accounts in the Grant Fund to be established by the Director of Finance. Increase the revenue estimate in the following CDBG revenue account: 108 Repay 035-G04-0400-2434 $11,166.00 Appropriate funds listed above to the fol!owing CDBG expenditure account: Unprog CDBG-Section 108 035-G04-0440-5188 by $! 1,166~00 Increase the revenue estimates in the following HOME revenue accounts: HOME Program Income FISCAL YEAR 2003 Home Program Income FISCAL YEAR 2004 035-090-5325-5325 035-090-5326-5326 $41,830.00 $18,142.00 Appropriate funds listed above to the following HOME expenditure accounts: NNEO 5th Street Gateway Project 035-090-5325-5309 by $8,612.00 1176 Unprogrammed PI FY2003 035-090-5325-5458 by $33,218.00 Unprogrammed PI FY2004 035-090-S326-5459 by $1 8,142.00 · Transfer $144,606.00 in CDBG and HOME accounts from prior years to projects included in the 2004-2005 CDBG and HOME programs. Mr. Cutler offered the following budget ordinance: (#36719-062104) AN ORDINANCE to appropriate funds for the Community Development Block Grant, HOME Investment Partnerships Program and Emergency Shelter Grant Program, amending and reordaining certain sections of the 2004-2005 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 68, Page 511.) Mr. Cutler moved the adoption of Ordinance No. 36719-062104. The motion was seconded by Mr. Dowe and adopted by the following vote: AYES: Council Members Fitzpatrick, Harris, Wyatt, Cutler, Dowe, and Mayor Smith ............................ : ........................... 6. NAYS: None .................................................. 0; (Council Member Bestpitch abstained from voting inasmuch as his spouse is employed by the YMCA which is one of the organizations recommended for funding.) Mr. Dowe offered the following resolution: (#36720-062104) A RESOLUTION accepting the Fiscal Year 2004-2005 funds for the Community Development Block Grant (CDBG) program, the HOME Investment Partnerships program (HOME) and the Emergency Shelter Grant 1177 (ESG) program and auth0'rizing the City Manager to execute the requisite Grant Agreements with the United States Department of Housing and Urban Development (HUD). (For full text of ordinance, see Ordinance Book No. 68, Page 516.) Mr. Dowe moved the adoption of Ordinance No. 36720-062104. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Fitzpatrick, Harris, Wyatt, Cutler, Dowe, and Mayor Smith ....................................................... 6. NAYS: None .................................................. O. (Council Member Bestpitch abstained from voting inasmuch as his spouse is employed by the YMCA which is one of the organizations recommended for funding.) BUDGET-SIGNS/BILLBOARDS/AWNINGS: The City Manager submitted a communication advising that a vehicular accident resulted in the damage and eventual removal of an overhead sign structure on Orange Avenue between Williamson Road and 1-581; earlier this year the responsible insurance carrier issued a check to the City of Roanoke in the amount of $46,882.00 to repair andre-install the sign structure; the funds were received in Miscellaneous Third Party Revenue, Account No. 008-008-1234; and the City is preparing to let a contract for the sign to be re-installed and funds-will be needed to cover the work. The City Manager recommended that Council establish a revenue estimate for $46,882.00 received in Miscellaneous Third Party Revenue, Account No. 008-008-1234, and appropriate the same amount to a new account to be titled Transportation Infrastructure Improvement fiscal year 04- 09, Account No. 008-052-9606. Mr. Dowe offered the following budget ordinance: 1178 (#36721-062104) AN ORDINANCE to appropriate insurance proceeds received from a damaged sign to the Roadway Safety Improvement Program, amending and reordaining certain sections of the 2003-2004 Capital Projects Fund"Appropriations and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 68, Page 51 7.) 'Mr. Dowe'moved the. adOption of Ordinance No. 36721-062104. The motion was seconded by Mr. Fitzpatrick and adopted by the following vote: AYES: COuncil Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor Smith ..... ~---~ ........ ~ .... ~ ..................... 7. NAYS: None ................................................. 0. POLICE DEPARTMENT-BUDGET: The. City Manager submitted a communication advising that in October 2003, members of Council were briefed on a joint effort between the City and Roanoke County to develop and construct a regional driving range facility to be shared by each locality; since that time, the City and the County have been working to develop a regional driver training facility located on 30 acres of the same tract of land as the regional firing range; once completed, the site will have a two-bay garage area, driving tower, classroom, covered bleachers, 1~800 feet of guardrails, cement skid pad, and 3,700 feet of paved roadway; and development costs are projected at approximately $547,000.00 and will be shared equally, with the City's share projected at approximately $273,500.00. It was further advised that the driver training facility will be under the joint direction and supervision of a driver training facility-governing committee consisting of two representatives appointed by the Chiefs of Police from the City and the County; an agreement between the City of Roanoke and Roanoke County provides for contributions of assets or funds of equal value for construction of and improvements to the Police Driver Training Facility; once 1179 the facility is completedl the City and Roanoke County will contribute funds in equal parts toward operating expenses of the facility; expenditures for the normal annual operation, maintenance and upkeep of the facility are estimated at approximately $40,000.00; the City's share of operating costs will be provided through the Roanoke Police Department's fiscal year 2004-05 operating budget; and for repair of specific instances of damages exceeding $499.99, which are attributable to an identified incident, the department of the employee responsible for such damages shall be responsible for all repair costs, TEe City Manager stated that the initial term of the agreement provides that each entity should voluntarily aid and assist each other in the driver training of police perSonnel and combine potential resources to be used to construc{ the facility for the use and good of both parties; however~ neither party is currently bound by a long-term commitment to the police driver training facility; funding for the City's share of developmental costs has been :identified from Federal Asset Forfeiture funds; and $63,392.00 in ATF funds is available'in Account No. 035-640-3335-33461' with the remaining balance of $210,108.00 to be funded from Federal Asset Forfeiture revenues anticipated in the Grant Fund budget. The City Manager recommended that she be authorized to execute an agreement with Roanoke County, to be approved as to form by the City Attorney; that Council authorize transfer $63,392.00 from ATF Account No. 035-640-3335-3346, to an account to be established in the Capital Projects Fund by the Director of Finance; and increase the revenue estimate for Federal Forfeiture Funds by $210,108.00, and apPropriate the same to an account to be established by the Director of Finance. Mr. Cutler offered the following budget ordinance: (#36722-062104) AN ORDINANCE appropriating funds for the Regional Driver Draining Facility, amending and reordaining certain sections of the 2003-2004 Capital Projects and Grant Funds Appropriations; and dispensing with the second reading by title of 'this ordinance. 1180 (For full text of ordinance, see Ordinance Book No. 68, Page 51 8.) .Mr. Cutler moved the adoption of Ordinance No. 36722-062104. The motion was seconded by Mr. Dowe and adopted by the following vote: AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor Smith ............................................. 7. NAYS: None ................... ~ .............................. 0. Mr. Cutler offered the following resolution: (#36723-062104) A RESOLUTION authorizing an agreement with the . County of Roanoke for a regional police driver training facility on property owned by the County upon certain terms. (For full text of resolution, see Resolution Book No. 68, Page 519.) Mr. Cutler moved the adoption of Resolution No. 36723-062104. The motion was seconded by Mr. Fitzpatrick and adopted by the following vote: AYES: Council Members Fitzpatrick, Harris,' Wyatt, Bestpitch, Cutler, Dowe, and Mayor Smith ............ ~ ................................ 7. NAYS: None- ................................................ 0. BUDGET-HUMAN DEVELOPMENT: The City Manager submitted a communication advising that the Human Services Committee budget, in the amount of $550,962.00, was established by Council with adoption of the General Fund budget for fiscal year 2004-05 on May 13, 2004; requests from 37 agencies, totaling $8S6,926.00, were received; committee members studied each application prior to an allocation meeting which was held on April 1,2004; and agencies were notified of tentative allocations and .advised that they could appeal the recommendations. 1181 It was further advised that appeals of Committee recommendations, as provided by policy, were received after notification to each agency of its tentative recommended allocation; appeals were filed and heard on April 27, 2004, from the following agencies: Brain Injury Services of Southwest Virginia, Conflict Resolution Center, and Blue Ridge Independent Living Center; after hearing the appeals, Brain Injury Services was increased by $2,500.00 to $7,500.00; the Conflict Resolution Center was increased by $2,500.00 to $5,500.00; and Blue Ridge Independent Living Center was allocated $8,803.00; performance audits will be conducted by the Council of Community Services to evaluate effectiveness and efficiency of all funded programs; the City Manager will execute any required contracts; and an attachment to the communication indicates funding received from other jurisdictions. The City Manager recommended that Council transfer $550,962.00 from Human Services Committee, Account No. 001-630-5220-3700, to new line items to be established within the Human Services Committee budget by the Director of Finance. Mr. Cutler offered the following budget ordinance: (#36724-062104) AN ORDINANCE to appropriate funding to the Human Services Committee, amending and reordaining certain sections of the 2004- 2005 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 68, Page 520.) Mr. Cutler moved the adoption of Ordinance No. 36724-062104. The motion was seconded by Mr. Dowe and adopted by the following vote: AYES: Council Members Fitzpatrick,' Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor Smith ............................................. 7. NAYS: None ................................................ 0. 1182 (In the interest of full disclosure, Council Member Bestpitch advised that his spouse is employed by the YMCA, one of the organizations recommended for fundi~ng by the Human Services Committee; however, he is advised by the City Attorney that he is not required to abstain from voting inasmuch as no Federal funds are involved.) POLICE DEPARTMENT-BUDGET-GRANTS: The City Manager submitted a communication advising that the Law Enforcement Terrorism Prevention Program Grant is funded by the U. S. Department of Homeland Security through the Virginia Department of Emergency Management, and is available to assist State and local law enforcement agencies in prevention or responding to potential acts of terrorism; and the Department of Criminal Justice Services (DCJS) is the administering agency for the grant. It was further advised that the City of Roanoke-has been awarded $224,856.00 in Federal funds under the program; funds were allocated on a. formula basis to provide law enforcement agencies with necessary funds for planning, training, exercises, organizational activities and equipment to support projects and objectives identified in the City's 2003 State Homeland Security Assessment and Strategy Online Assessment Tool previously submitted to the Virginia Department of Emergency Management and the Office of Homeland Security; no local matching funds are required; fugding is provided solely for law enforcement needs; and while the program will be administered through the Police Department, special conditions and guidelines mandate that the City Sheriff's Office be provided with an opportunity to have input into the funding and spending plan. The City Manager recommended that Council accept the grant and that she be authorized to execute the Statement of Grant Award/Acceptance; that Council adopt a revenue estimate of $224,856.00 in an account to be established by the Director of Finance in the Grant Fund and appropriate the same amount to expenditure accounts as follows: 1183 Account Object Code Expendable Equipment 2035 Furniture & Equipment 9005 Amount $149,856.00 75,000.00 Mr. Harris offered the following budget ordinance: (#36725-062104) AN ORDINANCE appropriating funds for the Law Enforcement Terrorism Prevention Program, amending and reordaining certain sections of the 2003-2004 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 68, Page 524.) Mr. Harris moved the adoption of Ordinance No. 36725-062104. The motion was seconded by Mr. Fitzpatrick and adopted by the following vote: AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor Smith ............................................. 7. NAYS: None ................................................. 0. Mr. Fitzpatrick offered the following resolution: (#36726-062104) A RESOLUTION authorizing the acceptance of the Law Enforcement Terrorism Prevention Program Grant made to the City of Roanoke by the U. S. Department of Homeland Security through the Virginia Department of Emergency Management and authorizing the execution and filing by the City Manager of any documents required by the grant. (For full text of resolution, see Resolution Book No. 68, Page 525.) Mr. Fitzpatrick moved the adoption of Resolution No. 36726-062104. The motion was seconded by Mr. Dowe and adopted by the following vote: 1184 AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor Smith ............................................. 7. NAYS: None ................................................. O. BUDGET-GRANTS-TREES: The City Manager submitted a communication advising that on May 28, 2004, the City was notified by the Virginia Department of Forestry that a $13,500.00 grant will be awarded to the City upon completion of a Memorandum of Agreement; the grant will be used to fund a part-time Urban Forestry Planner to work with the City's Urban Forester on a Forest Fragment Study of Roanoke; the grant is from the same program that funded the part-time Urban Forestry Planner to prepare the Urban Forestry Plan in fiscal year 2003 and to begin implementation of the plan in fiscal year 2004; the $13,500.00 Urban and Community Forestry Grant is a Federal grant, sponsored by the National Forest Service and administered by the Virginia Department of Forestry; funds are awarded on a reimbursement basis after. verification of the local match; the majority of the City's matching funds will consist of 700 hours of staff time ($16,023.00) provided by the Urban Forester; and for the remainder of the match, the City will. provide $2,959.00 to pay the City's share of FICA and the City's pro-rata share of long-term disability,. hospitalization and dental insurances for a part-time Urban Forestry Planner. It was further advised that the purpose of the Forest Fragment Study to be funded by the grant is to examine and protect/manage Roanoke's forest fragments, including old growth, and the areas which need to be reforested in order to connect the fragments; the project will: Provide detailed information on forest fragments and areas that need to be reforested to connect fragments Develop strategies to achieve needed protection and reforestation of priority areas Provide opportunities for private landowners and others to understand the importance of green infrastructure and the need to protect it 1185 Involve many different segments of the community in this process (with special emphasis on reaching out to those not usually involved) .'It was noted that the project will include cooperation with other departments, utilization of the City's GIS and other mapping capabilities, and technical assistance from nearby universities (including Dr. Margaret Bryant of Va. Tech). The City Manager recommended that Council accept the Urban and Community Forestry Grant, in the amount of $13,500.00, and that she be authorized to execute an agreement with the Virginia Department of Forestry and any other forms necessary to accept the grant, to be approved as to form by the City Attorney; that Council appropriate $13,500.00 in Federal funding and establish a corresponding revenue estimate in an account to be established by the Director of Finance in the Grant Fund, and transfer $2,959.00 from Parks and Recreation temporary employee wages, Account No.. 001-620-4340-1004, to the Grant Fund account; and expenditures to be appropriated are: Account Account No. Amount Regular Employee Salary FICA Long-Term Disability Hospitalization Insurance Dental Insurance TOTAL 035-620-4345-1002 035-620-4345-1120 035-620-4345-1131 035-620-4345-1125 035-620-4345-1126 $13,500.00 $ 1,148.00 $ 51.00 $ 1,650.00 $ 110.00 $16,459.00 Mr. Bestpitch offered the following budget ordinance: (#36727-062104) AN ORDINANCE appropriating funds for the Urban and Community Forestry Grant, amending and reordaining certain sections of the 2004-2005 General and Grant Funds Appropriations, and dispensing with the second reading by title of this ordinance. 1186 (For full text of ordinance, see Ordinance Book No. 68, Page 526.) Mr. Bestpitch moved the adoption of Ordinance No. 36727-062104: The motion was seconded by Mr. Cutler and adopted by the following vote: AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor Smith, ............................................ 7. NAYS: None ................................................. 0. Mr. Bestpitch offered the following resolution: (#36728-062104) A RESOLUTION accepting the Urban and Community Forestry Grant from the Virginia Department of Forestry, and authorizing the execution of the necessary documents. (For full text of resolution see Resolution Book No. 68, Page 527.) Mr. Bestpitch moved the adoption of Resolution No. 36728-062104. The motion was seconded by Mr. Cutler and adopted by the following vote: AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor Smith ..... . ........ . ................................ 7. NAYS: None ................................................. 0. LIBRARIES: The City Manager submitted a communication advising that the City of Roanoke, City of Salem, and County of Roanoke, currently share an automated library system under an agreement signed on January 26, 1990; the agreement gives the responsibility for operating, maintaining and administering the library system to the City of Roanoke; a consortium operates under the name Roanoke Valley Libraries (RVL); on May 8,1995, (Amendment No. 1), the City of Roanoke,.City of Salem, County of Roanoke, and County of Botetourt amended the Contract to provide for Botetourt County to participate in the System and to allow allocation of the System's cost; on August 28, 1998, 1187 (Amendment No. 2), provided that the Automation Coordinator will be a library ~mployee in the classified service of the County of Roanoke and the City of Roanoke shall provide space, at no cost to participating libraries, to house the Central Site Components of the System; costs for operating the central, shared automated system are currently apportioned according to the 1990 contract; member libraries paid a buy-in fee, plus a portion of any ongoing expenses, including new equipment, staff, telecommunication charges, etc.; and the currently-governing formula specifies the following factors and weights: Annual circulation/50%; number of branches/30%; number of dumb {erminals/10%; number of items in each system's collection/10%. It was further advised that with nearly 15 years of operation and experience, the consortium proposes to remove the archaic measures and adjust weights to reflect factors that are known to actually or potentially affect system usage; thee revised formula more accurately reflect factors that affect usage of the System; and the proposed new governing formula specifies the following factors and Weights: Annual circulation/30%; number of items/30%; population of each Iocal.ity/20%; number of branches or outlets/10%; number of full- time equivalent staff/10%. The City Manager explained .that application of the changes will be applied for fiscal year 2005-06 and will not result in a substantial shift in costs to any locality; a small shift is estimated to increase the cost for the City of Roanoke by $S,287.00 and all localities will experience a small increase. It was noted that the total 2004 cost for the system is $143,346.00; fiscal year 2005-2006 costs for the system are expected to total $1.43,061.00 and are divided among the localities based on the new formula percentages: 1188 City of Roanoke 32% $ 45,587.00 City of Salem 11% $ 15,768.00 County of Roanoke 43% $ ~61,638.00 County of Botetourt 14% $ 20~068.00 Total $143,061.00 Funding for the City of Roanoke's share is available in Library Automation, Account No. 013-430-1601-3100, as approved by the Information Technology Committee (ITC) and adopted by' Council for fiscal year 2005-06; and an additional amendment provides that the Library Automation Committee shall only se~e in an advisory capacity. The City Manager recommended that she be authorized to execute an amended agreement with the City of Salem and the Counties of Roanoke and Botetourt, to be approved as to form by the City Attorney. Mr. Dowe offered the following ordinance: (#36729-062104) AN ORDINANCE aUthorizing the proper City officials to enter into an agreement amending a cooperative agreement with the County of Roanoke, the City of Salem, and the County of Botetourt that established an integrated automated library system, uPon certain terms and conditions; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 68, Page 528.) Mr. Dowe moved the adoption of Ordinance No. 36729-062104. The motion was seconded by Mr. Fitzpatrick and adopted by the following vote: AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor Smith ............................................... 7. NAYS: None ....................... ~ ............ ~ ............ O. 1189 BUDGET-HUMAN DEVELOPMENT: The City Manager submitted a communication advising that the Comprehensive Services Act (CSA) which was established in 1993 provides residential and non-residential treatment services to troubled and at-risk youth and to their families through a collaborative system of state and local agencies, parents, and private sector providers; such services include mandated foster care, certain special education services, and foster care prevention; and CSA also provides services to certain targeted non- mandated populations. It was further advised that CSA expenditures are projected at $9,500,000.00 for fiscal year 2004; expenditures exceed the CSA fiscal year 2004 appropriation of $8,871,302.00 by $628,698.00 and require additional local funds in the amount of $193,136.00; additional funds are intended for mandated services for at-risk youth; the City of Roanoke makes every effort to maximize reimbursements from the Department of Medical Assistance for CSA services; for the past two years Medicaid payments for CSA services have averaged over $3 million annually; for fiscal year 2004 CSA's Medicaid collections are projected at $2.3 million; while state legislation now requires localities to utilize Medicaid facilities whenever possible, the Department of Medical Assistance limits the amount of reimbursement; thus, children placed in residential treatment facilities may be denied Medicaid reimbursement if services are deemed no longer medically necessary. The City Manager recommended that Council: · Increase the General Fund Revenue estimate by $435,562.00 to CSA Revenue Account No. 001-110-1234- 0692. Funds in the amount of $193,136.00 may be provided from personnel lapse, Account No. 001-300-9410- 1090 for the local share. 1190 Appropriate funding in the amount of $628,698.00 to the following accounts: 001-630-5410-3182 001-630-S410-3191 $378,698.00 $250,000.00 Mr. Fitzpatrick offered the following budget ordinance: (#36730-062104) AN ORDINANCE to appropriate funding for troubled youth and their families and establish revenue provided by the Department of Medical Assistance, amending and reordaining certain sections of the 2003- 2004 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 68, Page 529,) Mr. Fitzpatrick moved the adoption of Ordinance No. 36730-062104. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor Smith ................................... ~ ......... 7. NAYS: None ................................................. O. BUDGET-EMERGENCY SERVICES: The City Manager submitted a communication advising that since July 1, 1986, the City has been under contract with the Virginia Department of Emergency Management (VDEM) to respond to Level III hazardous materials incidents in a regional concept involving firefighter/EMTs from the Cities of Roanoke and Salem; in November 2002, the City renewed its agreement to participate in a Level III Regional Response Team; and it is requested that the City, for the next four fiscal years (July 2004 - June 2008) authorize another agreement to keep funding and reimbursement needs current. 1191 It was further advised that Roanoke benefits in several ways from this contract; the City receives reimbursement for training, team member physical examinations and purchase of related equipment; without the State contract, the City would still have a need for a hazardous materials response team, but would not have the corresponding benefit of being a reimbursed regional provider; the present VDEM hazardous materials team contract expires on June 30, 2004; and VDEM agreed to sign a new, four-year agreement and to furnish $60,000.00, $15,000.00 per contract year in "pass-through" funds in order to assist with the purchase of equipment, physicals, and to attend training programs necessary to comply with Federal and State response criteria mandates. The City Manager recommended Council authorize execution of a new contract and "pass-through" funding which honors the four-year VDEM .hazardous materials team contract for the period July 1, 2004 until June 30, 2008, and appropriate funding of $60,000.00 as follows: $40,000.00 to Expendable Equipment and $20,000.00 to Training and Development under the Hazardous Materials Response Team Grants to be established by the Director of Finance in the Grant Fund, and establish revenue estimates of $1 5,000.00 per contract year to the si. milarly named accounts. Mr. Cutler offered the following budget ordinance: (#36731-062104) AN ORDINANCE to appropriate funds to the Regional Hazardous Materials Response Team Grant, amending and reordaining certain sections of the 2004-2005 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 68, Page 531.) Mr. Cutler moved the adoption of Ordinance No. 36731-062104. The motion was seconded by Mr. Dowe and adopted by the following vote: 1192 AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor Smith ............................................. 7. ,'NAYS: None ................................................. O. Mr. Cutler offered the following resolution: (#36732-062104) A RESOLUTION authorizing the City Manager to enter into a four-year contract with the Commonwealth of Virginia, Department of Emergency Management, to participate in a Regional Hazardous Materials Response Team and to accept "pass-through" funding in the amount of $15,000.00 per contract year. (For full text of resolution, see Resolution Book No. 68, Page 532.) Mr. Cutler moved the adoption of Resolution No. 36732-062104. The motion was seconded by Mr. Dowe .and adopted by the following vote: AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitcb, Cutler, Dowe, and Mayor Smith ............................................. 7. · NAYS: None ................................................. O. BUDGET-STATE HIGHWAYS-TOTAL ACTION AGAINST POVERTY: The City Manager submitted a communication advising that Total Action Against Poverty (TAP) received notification in November, 2003, that its application for Transportation Enhancement funds through the Transportation Equity Act for the 21st Century (TEA-21) for the Dumas Center for Artistic and Cultural Development was approved by the Commonwealth Transportation Board, in the amount of $150,000.00; the funds are to be used to support the renovation of the historic Hotel Dumas to create the Dumas Center for Artistic and Cultural Development; the City of Roanoke must enter into separate agreements with TAP and the Virginia Department of Transportation (VDOT), which will define the responsibilities of each party; TAP would be responsible for the match 1193 requirement of $37,500.00; and the $]50,000.00 of TEA-21 Enhancement funds needs to be appropriated (to be reimbursed by VDOT) to a new project account for disbursement to TAP. The City Manager recommended that Council appropriate $1 50,000.00 of TEA-21 Enhancement funds to be funded by VDOT to a new project account to be entitled, "Dumas Center Enhancement Grant" for disbursement to TAP; establish a revenue estimate in the same amount for State reimbursement through the TEA-21 program; and authorize the City Manager to execute separate agreements with TAP and the Virginia Department of Transportation. Mr. Dowe offered the following budget ordinance: (#36733-062104) AN ORDINANCE to appropriate funding from the Commonwealth for the Dumas Center for Artistic and Cultural Development, amending and reordaining certain sections of the 2003-2004 Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 68, Page 533.) Mr. Dowe moved the adoption of Ordinance No. 36733-062104. The motion was seconded by Mr. Cutler and adopted by the following vote: AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor Smith ............................................. 7. NAYS: None ................................................. O. Mr. Cutler offered the following resolution: (#36734-062104) A RESOLUTION authorizing the City Manager to enter into agreements with Total Action Against Poverty in Roanoke Valley ("TAP") and the Virginia Department of Transportation ("Department"), to define the 1194 ,responsibilities of each party, and to support the renovation of the historic Hotel Dumas to create the Dumas Center for Artistic and Cultural Development. (For full text of resolution, see Resolution Book No. 68, Page 534.) Mr. Cutler moved the adoption of Resolution No, 36734-062104. motion was seconded by Mr. Dowe and adopted by the following vote: The AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor Smith ............................................. 7. NAYS: None ................................................. 0. BUDGET-RAILSlDE LINEAR WALK: The City Manager submitted a communication advising that construction of the O. Winston Link Railwalk was completed in 2003; construction of the elevated walkway portion of the project along the front of Warehouse Row was complicated by the limited site area and many overhead and underground utilities; concurrent with construction of the Railwalk project, the Warehouse Row Business Center project became an opportunity to encourage technology businesses in Roanoke; construction in this area provided an opportunity to make the needed improvements to all underground infrastructures so as to prevent future damage to the walkway and brick paving, and to provide state of the art utility service to support redevelopment of the warehouses; and water, sewer, telephone, electric power, gas and telecommunications facilities all required significant upgrades. It was further advised that due to the complexity and difficult construction conditions of the project, power system upgrades cost were greater than originally expected; cost of the work exceeded the City's budgeted funds by $235,751.00; unfortunately, the increased expense cannot be absorbed by American Electric Power (AEP) whose policies require that the cost of underground improvements be borne by the customer; and City staff has worked with AEP to ensure that all charges associated with the expenditure are appropriate. 1195 The City Manager' recommended that Council fund the increased power system relocation cost of $235,751.00, which funds are available in personnel lapse, and that Council appropriate $235,751.00 from Personnel Lapse, Account No. 001-300-9410-1090, to Railside Linear Walk Phase 5, Account No. 005-530-9759-9003. Mr. Dowe offered the following budget ordinance: (#36735-062104) AN ORDINANCE to appropriate additional funding for the O. Winston Link Railwalk and Warehouse Business Center-Projects, amending and reordaining certain sections of the 2003-2004 General and Capital Projects Funds Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 68, Page 535.) Mr. Dowe moved the adoption of Ordinance No. 36735-062104. The motion was seconded by Mr. Fitzpatrick. The City Manager offered her personal commitment that this type of over run will not occur in the future, all necessary information will be in hand and staff will be aware of costs in advance of a project. She called attention to the desire to make state-of-the-art conduit and other activities available to new businesses and to accommodate existing owners within the Warehouse Row area who were not interested in changing the type of electrical system that serves their building; City staff spent a considerable amount of time talking with AEP officials, AEP has recognized and acknowledged that it has some responsibility in the over run because the City was not given good cost estimates and, as a result of this incident, AEP has now designated a single contact person to act as a project coordinator for all City of Roanoke projects with AEP; ail work will be done under written agreements, and AEP has agreed that it will not move crews from an active project, which was one of the problems that was encountered with the Warehouse Row project in particular. She stated that the requirement for a written estimate Of work for change orders will be re-enforced in advance, even it if means that work will be 1196 stopped or delayed until such time as agreements or amendments have been reached. The City Manager was requested to review the utility services that are available to buildings located in Warehouse Row; whereupon, she advised that utilities in the area, not unlike utilities in much of the City particularly in downtown Roanoke, are more than 100 years old; in the process of the upgrade, the water system, sewer system, telephone lines and gas service were replaced along with installation of state-of-the-art telecommunications to all Warehouse Row properties that immediately wanted telecommunication access, and the conduit has been made available so that in the future should another Warehouse Row owner desire to have those services, they will be within reach of the facility. She stated that utilities were placed under ground, street lights were installed and two different sets of electrical systems to the area are being . maintained by the City in order to accommodate the desires of individual owners of the warehouses. Ordinance No. 36735-062104 was adopted by the following vote: AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor Smith ............................................. 7. NAYS: None ................................................. 0. BUDGET-PERSONNEL LAPSE FUNDS: The City Manager and the Director of Finance submitted a joint communication advising that the fiscal year 2003- 2004 General Fund Budget includes funds in the nondepartmental expenditure category for several personnel related accounts, which accounts are budgeted at estimated amounts in the nondepartmental cost center because annual charges of each department are difficult to accurately predict; and actual costs are charged to departments in anticipation of year-end budget transfers to cover costs. It was further advised that salary lapse is one of the items included in the nondepartmental category, which is the difference in budgeted City employee 1197 salaries and actual salaries; personnel lapse is created through normal employee attrition and managed hiring efforts undertaken during the year by City staff; and at year-end, salary lapse which is created in departments is credited against the budgeted total salary lapse, and any excess salary lapse gene.rated is spread throughout the various departments to cover additional personnel and operational needs. The City Manager and Director of Finance noted that operational allocations using excess lapse include $107,130.00 for operational and equipment needs in the Office of the Clerk of Circuit Court, $152,072.00 for snow removal activities, $215,000.00 for solid waste tipping fees, $193,136.00 in additional local share funding for the Comprehensive Services Act program, which is recommended to Council in a separate report, and $235,751.00 for Railside Linear Walk-E-Town improvements, also recommended to Council in a separate report. It was explained that Workers Compensation is also initially budgeted in the nondepartmental category; funding has been budgeted as a lump sum in the non-departmental category in the General Fund to cover workers compensation wages and medical expenses; like other personnel related budgets, workers compensation budgets are established non-departmentally due to the difficulty of predicting which departments will incur the expenses and to what extent; the fiscal year 2003-2004 General Fund Budget also included funds in the non-departmental category to cover annual expenditures for unemployment wages, extended illness leave payments, and termination leave wages, as well as an anticipated increase in health and dental insurance; and these budgets should be allocated to appropriate departmental accounts in the same manner as salary lapse and workers compensation. It was advised that a proposed budget ordinance accomplishes the above referenced transfers by adjusting each department's regular salaries line rather than adjusting all individual line items; an adjustment is also needed to increase the revenue estimate for the change in salary estimates for employee salaries reimbursed by the Commonwealth of Virginia; and a summary of the transfers is as follows: 1198 2004 Adjustment Revised Account Budget Needed Budget Payroll Accrual $ 150,000.00 ($150,000.00) $ 0.00 Medical Insurance 4,722,264.00 ( 20,704.00) 4,701,560.00 Dental Insurance 299,906.00 11,469.00 - 311,375.00 Workers Compensation 400,000.00 ( 160,617.00) 239,383.00 ~Wages Workers Compensation 400,000.00 278,247.00 678,247.00 -Medical Unemployment Wages 35,000.00 61,993:00 96,993.00 Extended Illness Wages 20,000.00 45,185.00 65,185.00 Termination Leave Wages 91,275.00 246,887.00 338,162.00 FICA 4,942,017.00 ( 340,338.00) 4,601,679.00 Salary Lapse ( 1 ~001,481.00) 1,001,481.00 0.00 Salaries and Wages 63,387,941.00 (2,087,961.00) 61,351,540.00 Total Expenditure $75,386,728.00 $ 34,788.00 $75,421,516.00 Adjustments ~ Revenue Adjustment SocialServices/State $28,711,085.00 $34,788.00 $28,745,873.00 Shared Expenses The City Manager and the Director of Finance recommended that Council authorize transfer of funding between accounts and the use of eXcess budgeted personal services. Mr. Fitzpatrick offered the following budget ordinance: (#36736-062104) AN ORDINANCE transferring funding between personal services accounts and to provide funding fo~ certain operational needs as a result of personnel lapse realized during the year, amending and reordaining certain sections of the 2003-2004 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. 1199 (For. full text of ordinance, see Ordinance Book No. 68, Page 536.) Mr. Fitzpatrick moved the adoption of Ordinance No. 36736-062104. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor Smith ............................................. 7. NAYS: None ................................................. O. BUDGET-ECONOMIC DEVELOPMENT: The City Manager submitted a communication advising that in order to better serve small businesses in the Roanoke area region needing financing, the City of Roanoke Department of Economic Development has been working with the Roanoke Valley/Alleghany Regional Commission to establish and administer a Community Investment Fund for a Small Business Financing loan pool through the National Development Council (NDC) and its subsidiary, the Grow America Fund, Inc. (GAFI), known as the Grow America Fund; to make the loan pool viable, the NDC believes that a regional approach would work best for the Roanoke area; NDC currently operates Grow America Fund programs in several U. S. cities, including Richmond, Virginia; the Regional Commission is willing to serve as the intermediary and to work with a group of stakeholder communities in order to participa~te in the program; currently the City of Salem, the City of Covington, Franklin County and the City of Roanoke wish to jointly develop a method to capitalize the fund; the Grow America Fund leverages community loan dollars to make loans, i.e. they contribute to the pool using SBA resources, typically four times the community investment; NDC or GAFI staff completely analyze loan applications, determine credit worthiness, underwrite, close, service and collect the loans for an annual contract fee of $105,000.00 which will be paid by the four participating jurisdictions and passed through the Regional Commission as agent; and, in addition, NDC or GAFI staff assists in marketing the program and in originating and packaging the loans. 1200 It was further advised that documents establishing the relationship with the partnering jurisdictions have been drafted, as well as the contractual relationship with NDC and GAFI, but are not finalized; and once the documents have been completed and agreed upon by partnering jurisdictions, they will be brought to Council. To demonstrate the City of Roanoke's immediate commitment to the program, the City Manager recommended that the Director of Finance be authorized to transfer the balance of $800,000.00 in the Southern Lane project fund, Account No. 008-002-9645-9003, to a new fund entitled "Roanoke Grow America" Fund, Account No. 008-310-9688-9003, in the amount of $225,000.00, and the balance of $575,000.00 to the Economic Development Reserve, Account No, 008-530-9575-91 78. Mr. Fitzpatrick offered the following budget ordinance: (#36737-062104) AN ORDINANCE to establish funding for the Roanoke Grow America Fund, amending and reordaining certain sections of the 2003- 2004 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 68, Page 540.) Mr. Fitzpatrick moved the adoption of Ordinance No. 36737-062104. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor Smith ............................................. 7. NAYS: None ................ ................ ~ ................ 0. ROANOKE CIVIC CENTER: The City Manager submitted a communication advising that in May, 2001, Council authorized City officials to enter into a License Agreement ("Agreement") with Arena Ventures, LLC, ("AV") which 1201 .provided for use of the Civic Center Coliseum and certain related Civic Center facilities by AV to provide a certain number of National Basketball Development League CNBDL") games and a certain number of entertainment events produced by SFX Concerts, Inc., over a five year period; the Agreement was entered into on May 18, 2001, and subsequently amended on September 3, 2002, September 4, 2002, and December 1, 2003; and Section 14.2 (b) of the Agreement provides AV with the right to terminate the Agreement if the average paid attendance at regular season NBDL League Games is less than 4,500 in any League season ending prior to June 1,2004. It was further advised that under the original terms of the Agreement, Arena Ventures would have had to provide the City with written notice no later than May 31,2004, were it to have exercised this option; because attendance at NBDL League Games has been lower than the 4,500 threshold over the past three seasons, and due to other business concerns, Arena Ventures has indicated that it would like to renegotiate the Agreement without the pressure of the May 31 deadline; and for this reason, Council authorized extension of the deadline until June 30, 2004, in order to give both parties sufficient time to renegotiate certain terms of the Agreement. It was explained that Arena Ventures has requested further amendments to the Agreement, relative to the goal of reducing Arena Ventures operating cost and increasing its revenue by sharing a greater percentage of the facility surcharge fee; !n addition, AV has requested a reduction in the amount of the fee it pays for use of the Coliseum for each League game from $5,000.00 to $4,000.00; in return for these concessions, AV has agreed to waive its exclusive right to sell fixed advertising on the Outer Concourse level of the Civic Center Coliseum with respect to Old Time Hockey, LLC, i.e.: the Roanoke Express; and since these concessions will not have a significant financial impact on operations of the Civic Facilities Fund, a budget adjustment is not considered necessary in conjunction with the agreement. The City Manager recommended that she be authorized to execute an amendment to the License Agreement with Arena Ventures, LLC, to provide for 1202 the above referenced amendments, all documents to be upon form approved by the City Attorney. Council Member Dowe advised that he is a paid employee of the National Basketball Association which is affiliated with the NBDL and inquired if he should abstain from voting on the measure; whereupon, the .City Attorney advised that he would not be required to abstain from any discussion or vote on the ordinance. Mr. Harris offered the following ordinance: (#36738-062104) AN ORDINANCE authorizing the City Manager and City Clerk to execute and attest, .respectively, an amendment to the License Agreement entered into with Arena Ventures, LLC, dated May 18, 2001, as . amended, upon certain terms and conditions; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 68, Page 541.) Mr. Harris moved the adoption of Ordinance No. 36738-062104. The motion was seconded by Mr. Cutler and adopted by the following vote: AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor Smith ............................................. 7. NAYS: None ................................................. 0. CITY Aq-fORNEY: CITY CODE-SEWERS AND STORM DRAINS-WATER RESOURCES: The City Attorney submitted a written report advising that the Western Virginia Water Authority ("Authority") will begin operation on July 1, 2004; ownership and operation of water and sewage facilities of the City of Roanoke and the County of Roanoke will become assets of the new entity as of July 1, 2004; therefore, several changes to the City Code are necessary; specifically, certain 1203 sections of Chapter 26, 'Sewers and Sewage Disposal, Code of the City of Roanoke (1 979), as amended, need to be amended and other sections repealed as a result of creation of the Authority. , It was further advised that because the Authority will establish its own rules, regulations, fees, and charges, sections of Chapter 26, Sewers and Sewaqe Disposal, which pertain to rules and regulations, general operation of the Water Pollution Control Division of the Utilities Department, fees, and charges will no' longer be applicable and need to be either amended or repealed; the amendments revise the definition of certain terms: in the Sewer Use Standards, delete any reference to activities no longer governed by the City, and specifically add the Authority to certain sections to reflect the existence of the Authority and to authorize the Authority, to the extent permitted by law, to enforce such code provisions; and the City Attorney's Office has worked with .counsel for the Authority with regard to the City Code revisions. The City Attorney recommended that Chapter 26, Sewers and Sewaqe Disposal, of the Code of the City of Roanoke (1979), as amended, be amended, effective on and after July 1,2004. Mr. Fitzpatrick offered the following ordinance: ' (#36739-062104) AN ORDINANCE amending and reordaining Chapter 26, Sewers and Sewage Disposal, Code of the City of Roanoke (1979), as amended, by adding, amending, and repealing certain sections in order to conform them with changes necessitated by the implementation of the Western Virginia Water Authority (WVWA); 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 542.) Mr. Fitzpatrick moved the adoption of Ordinance No. 36739-062104. The motion was seconded by Mr. Dowe and adopted by the following vote: 1204 AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor Smith ............................................. 7. · NAYS: None ................................................. 0. CITY CODE-SEWERS AND STORM DRAINS-WATER .RESOURCES: The City Attorney submitted a written report advising that the Western Virginia Water Authority ("Authority") will begin operation on July 1, 2004; ownership and operation of water and sewage facilities of the City of Roanoke and the County of Roanoke will become assets of the new legal entity as of July 1, 2004; therefore, certain sections of Chapter 35, Water, of the Code of the City of Roanoke (1979), as amended, need .to be amended and other sections need to be repealed. . It was further advised that because the Authority will establish its own rules, regulations, fees, and charges, sections of Chapter 35, Water, which pertain to rules and regulations, general operation of the water division, fees and charges, activities adjacent to the Carvins Cove Natural Reserve ("Reserve"), and boating need to be either amended or repealed; and the amendments revise the definition of the Reserve to exclude that area currently in the Reserve which is being transferred to the Authority (since the City will no longer own this portion of the property and it is not located in the City, the City can not regulate it), delete any reference to activities no longer governed by the City, such as swimming and boating, and specifically add the Authority to certain sections to reflect the existence of t. he Authority. The City Attorney transmitted a proposed ordinance amending Chapter 35, Water, of the Code of the City of Roanoke (1979), as amended, effective July 1,2004. Mr. Cutler offered the following ordinance: (#36740-062104) AN ORDINANCE repealing §§35-1 .through 35-4, of Article I, In General, and amending and reordaining §§35.-14, 35-16, 35-17, 1205 and 35-23, and repealing §§35-22 and 35-26, of Article II, Carvins Cove Natural Reserve., and repealing §§35-42 through 35-56, of Division 2, Boating, of Article II, Carvins Cove Natural Reserve, of Chapter 35, Water, of the Code of the City of Roanoke (1979), as amended, adding appropriate references to the Western Virginia Water Authority, and repealing those sections no longer applicable as a result of the creation of the Western Virginia Water Authority; 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 566.) Mr. Cutler moved the adoption of Ordinance No. 36740-062104. The motion was seconded by Mr. Fitzpatrick and adopted by the following vote: AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor Smith ............................................. 7. NAYS: None ......................... ~ ....................... O; Council Member Cutler inquired if it is envisioned to officially designate the 12,000 acres at the Carvins Cove Reservoir as a component of the greenway system; whereupon, the City Manager advised that it is an excellent suggestion which could be considered by Council at a future meeting. CITY CODE: The City Attorney submitted a written report advising that since 1982, Council has reenacted and recodified the City Code on an annual basis in order to properly incorporate in the Code amendments made by the General Assembly at the previous Session to State statutes that are incorporated by reference in the City Code, which procedure ensures that ordinances codified in the City Code incorporate the most recent amendments to State law; incorporation by reference is frequently utilized in local codes to preclude the necessity of having to set out lengthy provisions of State statutes in their entirety; in addition, the technique ensures that local ordinances are always consistent with State law as is generally required; and the procedure whereby a local governing body incorporated State statutes by 1206 reference after action Of the General Assembly has been approved by the Attorney General. The City Attorney recommended that Council adopt .an ordinance to reado'pt and reenact the Code of the City of Roanoke (1979), and advised that if the ordinance is not adopted, City Code sections incorporating provisions of the State Code amended at the last Session of the General Assembly may not be deemed to include recent amendments and may be impermissibly inconsistent which could result in the dismissal of criminal prosecutions under these City Code sections. Mr. Harris offered the following ordinance: (#36741-062104) AN ORDINANCE to readopt and reenact the Code of the CitY of Roanoke (1979), as amended; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 68, Page. 575.) Mr. Harris moved the adoption of Ordinance No. 36741-062104. The motion was seconded by Mr. Fitzpatrick and adopted by the fol'lowing vote: AYES: Council Members Fitzpatrick, Harris, Wya. tt, Bestpitch, Cutler, Dowe, and Mayor Smith ............................................. 7. NAYS: None ................................................. 0. DIRECTOR OF FINANCE: SEWERS AND STORM DRAINS-BONDS/BOND ISSUES-WATER RESOURCES: The Director of Finance submitted a written report advising that the Western Virginia Water Authority (Authority) will begin operation on July I, 2004; upon formation, assets and liabilities of the City's Water and Water Pollution Control functions will be transferred to the Authority; liabilities of the Water and Water Pollution Control funds include both general obligation bonds and 1207 revenue bonds; general Obligation bonds will be retained by the City with agreement that the Authority will repay the City in amounts sufficient to cover debt service on the bonds; and the operating agreement which will govern the formation of the Authority will include provisions for such payment to be made to the City by the Authority. It was further advised that the City's Series 2003 Sewer Revenue Bond from the Virginia Resources Authority (VRA) was contracted between the City and the VRA such that the debt could be assumed by the Authority upon its formation; amount of the bond is $17,511,501.00; and approval by Council is needed to authorize the Mayor to execute an agreement among the City, the County, the Authority, and the VRA, whereby the Authority will assume the indebtedness, and the agreement also includes similar provisions for the Authority to assume indebtedness of the County. The Director of Finance recommended that Council authorize the Mayor to execute an agreement between the City and the Western Virginia Water Authority whereby the Authority will assume the Series 2003 Sewer Revenue Bond from the Virginia Resources Authority (VRA), effective July 1, 2004, such agreement to be approved as to form by the City Attorney, Mr. Cutler offered the following resolution: (#36742-062104) A RESOLUTION approving the assumption of certain revenue bonds by the Western Virginia Water Authority. (For full text of resolution, see Resolution Book No. 68, Page 577.) Mr. Cutler moved the adoption of Resolution No. 36742-062104. The motion was seconded by Mr. Dowe and adopted by the following vote: AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor Smith ............................................. 7. NAYS: None ................................................ 0. 1208 SEWERS AND STORM DRAINS-PENSIONS-WATER RESOURCES: The Director of Finance submitted a written report advising that the Western Virginia Water Authority (Authority) is being created by the City of Roanoke and the County of Roanoke which localities are working to merge their water impoundment, treatment, and distribution systems and waste water collection and treatment systems into one system; and the Authority will be a separate legal entity governed by a seven-person Board, the members of which are appointed by Roanoke City Council and the Roanoke County Board of Supervisors. It was further advised that employees of the City and the County who currently work in the areas of water and wastewater treatment will transfer to the Water Authority, effective July 1,2004; it is the desire of the Water Authority to allow those City of Roanoke employees who are currently members of the City of Roanoke Pension Plan (Plan) to continue to remain members of the Plan; in order for this to occur, the Western Virginia Water Authority must be defined as a Participating Employer in the Plan; Section 22.2-2, Definitions, of Chapter 22.2 Pensions and Retirement, Code of the City of Roanoke (1979), as amended, indicates upon recommendation by the Pension Board, and the consent of City Council, that any governmental employer may adopt the City Plan; the Plan currently includes the Roanoke Valley Resource Authority, Roanoke Regional Airport Commission, City of Roanoke School Board, and the Roanoke Valley Detention Commission as Participating Employers; and current Roanoke County employees and any new employees of the Water Authority will participate in the Virginia Retirement System. It was explained that the City administration believes that this is the most equitable treatment for City employees who will be transitioning to the Water Authority; the Pension Board also recommended that this group of employees be allowed to continue as members of the City's Pension Plan; and future contributions will be made on behalf of these employees by the Water Authority at the prevailing actuarial contribution rate, thus, the pro rata cost of their on- going participation in the Plan will be fully paid by the Western Virginia Water Authority. 1209 The Director of Finance recommended that Council adopt an ordinance designating the Western Virginia Water Authority as a Participating Employer in the City of Roanoke Pension Plan. Mr. Harris offered the following ordinance: (#36743-062104) AN ORDINANCE amending §22.2-2, Definitions, of Chapter 22.2, Pensions and Retirement, Code of the City of Roanoke (1979), as amended, to provide for the continued participation of certain City employees in the City's retirement plan after they become employees of the Western Virginia Water Authority; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 68, Page 578.) Mr. Harris moved the adoption of Ordinance No. 36743-062104. The motion was seconded by Mr. Fitzpatrick and adopted by the following vote: AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor Smith ............................................. 7. NAYS: None ....................... : ......................... 0. BUDGET-INTERNAL SERVICE FUND: The Director of Finance submitted a written report advising that the City of Roanoke's Internal Service Funds account for certain services provided to departments by other funds of the City; Internal Service Funds recover their costs by charging the receiving departments for services; the City has three Internal Service Funds: Department of Technology, Fleet Management and Risk Management; budgeted funds for internal services are allocated in the General Fund in each fiscal year's budget throughout various departments based on estimated usage; usage usually varies from the original estimates; at this time during each fiscal year, it is necessary to make transfers between General Fund departments to provide sufficient funds for internal services for the fiscal year; and no adjustments 1210 ~are required for fiscal year 2004 in the Internal Services Funds themselves since each was adequately budgeted as a whole for revenues and expenses. A summary of General Fund transfers relative to each separately billed internal service is as follows: General Fund Revised Total Budget Net Transfers Budget Amount Before In/Out Amount Internal Service Transfers Motor fuel and lubricants $ 535,320.00 $ 27,884.00 $ 563,204.00 Department of 3,695,556.00 88,723.00.00 3,784,279.00 Technology Risk Management Claims 83,615.00 188,61 5.00 Risk Management 647,365.00 11,304..00 658,669.00 Overhead Fleet Management 1,636,753.00 ( 23,691.00) 1,613,062.00 Fleet Rental 1,809,191.00 854.00 1,810,045.00 Total $8,324,185.00- $ 188,689.00 $8,617,874.00 The increase in billing for motor fuels and lubricants is due to an increase in fuel costs; ' Department of Technology billings increased due to higher than expected charges to General Fund departments for technology services; Risk Management Claims were not budgeted in the General Fund, yet several settlements were made during the course of the year; other internal service transfers were relatively small; and additional funding of $293,689.00 is needed in total for the billings and is available from unused funding for life insurance, Account No. 001-250-9110-1130. The Director of Finance recommended that Council transfer funds between accounts in the General Fund as described in a proposed budget ordinance. 1211 Mr. Fitzpatrick offered the following budget ordinance: (#36744-062104) AN ORDINANCE appropriating funds to reallocate and provide additional funding for certain internal service charges, amending and reordaining certain sections of the 2003-2004 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 68, Page 580.) Mr. Fitzpatrick moved the adoption of Ordinance No. 36744-062104. The motion was seconded by Mr. Dowe and adopted by the following vote: AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor Smith ............ ................................. 7. NAYS: None ................................................. O. REPORTS OF COMMITTEES: GRANTS-SCHOOLS: A report from the Roanoke City School Board requesting the closeout of 47 school grants that have been completed, advising that total outlays for the grants are $13,742,859.53, and revenue for the grants was ~rovided as follows, was before Council. Federal funds State funds Fees and donations Local match $8,828,222.57 $2,232,533.90 - $ 874,484.57 - $1,807,618.49 The Director of Finance submitted a written report transmitting a list of completed grants for information purposes, and advised that no action by Council is required. 1212 Without objection by Council, the Mayor advised that the report from the Roanoke City School Board would be received and filed. · BUDGET-SCHOOLS: A communication from the Roanoke City School Board requesting approval by Council of the following appropriations and transfers of funds, was before the body: $30,000.00 for Crystal Spring Elementary School improvements, said project to be funded from the Board's construction contingency fund; $324,480.00 for the School Bus Retrofit project to be funded with a donation from Virginia Electric Power Company and a local match to install diesel oxidation catalysts on school buses and reflash the electronic control modules on. school buses in conjunction with-~guidelines established by the Virginia Department of Environmental Quality. The Director of:Finance..submitted a written report recommending that Council concur in the request of the School Board. Mr. Dowe offered the follow[ng..budget ordinance: (#36745-062104) AN. ORDINANCE to appropriate funding for elementary improvements and school bus maintenance and to establish, a new grant, amending and reordaining certain sections of the 2003-2004 School and School Capital Projects Funds Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 68, Page 584~) Mr. Dowe moved the adoption of Ordinance No. 36745-062104. The motion was seconded by Mr. Harris and adopted by the following vote: 1213 AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor Smith ............................................. 7. NAYS: None ................................................. 0. UNFINISHED BUSINESS: NONE. INTRODUCTION RESOLUTIONS: AND CONSIDERATION OF ORDINANCES AND CITY COUNCIL: Council Member Fitzpatrick offered the following resolution changing the place of commencement of the regular meeting of City Council scheduled to be held at 9:00 a.m., on Tuesday, July 6, 2004, to Room 212, Higher Education Center, 108 North Jefferson Street, City of Roanoke, with the 2:00 p.m., session on the same date to be held in the City Council Chamber, Noel C. Taylor'Municipal Building, 215 Church Avenue, S. W. (#36746-0621 04) A RESOLUTION changing the place of commencement of the regular meeting of City Council scheduled to be held at 9:00 a.m., on Tuesday, July 6, 2004. (For full text of resolution, see Resolution Book No. 68, Page 585.) Mr~ Fitzpatrick moved the adoption of Resolution No. 36746-062104. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor Smith ..................................... T ....... 7. NAYS: None ....... ~ ......................................... 0. MOTIONS AND-MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR, VICE-MAYOR AND MEMBERS OF CITY COUNCIL: 1214 SEWERS AND STORM DRAINS-ACTS OF ACKNOWLEDGEMENT-WATER RESOURCES: Council Member Fitzpatrick commended Mayor Smith and Council Members Bestpitch and Wyatt for their role in the creation of the Western Virginia Water Authority. ACTS OF ACKNOWLEDGEMENT-MANAGEMENT AND BUDGET: Council Member Cutler congratulated Sherman L. Stovall upon his appointment as Director of Management and Budget, effective June 11,2004. ACTS OF ACKNOWLEDGEMENT-CITY COUNCIL: .Mayor Smith advised that it has been a pleasure to serve the citizens of the City of Roanoke as Mayor for the past four years. . HEARING OF CITIZENS UPON PUBLIC MA~-I-ERS: The Mayor advised that Council sets this time as a priority for citizens to be heard and matters requiring referral to the City Manager will be [eferred immediately for any necessary and appropriate response, re~:0mmendation or report to Council. ARMORY/STADIUM: Mr. Jim Fields, 17 Ridgecrest Road, Hardy, Virginia, advised that not since the terrorist attacks on the 'United States on September ] 1, 2001, has there been such a revival of the American spirit and unity as has been expressed during the past few days as America said its goodbyes to former President Ronald Reagan. He stated that Americans should be proud of their country and honor those veterans who fought for their country; while nothing on the world scene has changed during' the past week, President Reagan has reached out through .his death to.draw the nation together as Americans remember the drama of his life and the changing of the world today, and it is hoped that this revived spirit of America will continue. He stated that Americans should celebrate their independence and Roanokers should celebrate the Fourth of July at Victory Stadium which is a facility that was dedicated to the memory of Roanoke Valley veterans. HOUSING/AUTHORITY-CITY EMPLOYEES-COMPLAINTS: Mr. Robert Gravely, 729 Loudon Avenue, N. W., expressed concern with regard to the 1215 need for affordable housing in the City of Roanoke, the need to bring the City's pay scale up to a level that will enable the average City employee to purchase a house, the need for an improved economy for all Roanoker's, and more efforts should be made to promote diversity in the City of Roanoke. CiTY MANAGER COMMENTS: GENERAL SERVICES-ACTS OF ACKNOWLEDGEMENT-CITY EMPLOYEES- ENTERPRISE ZONE: The City Manager expressed appreciation to City employees who participated in the Relay for Life event which was sponsored by the American Cancer Society on Friday, June 18, 2004, at Victory Stadium, and advised that City employees raised over $5,000.00. She commended those City employees who participated in the Building New Partnerships Conference which was held at The Hotel Roanoke and Conference Center on Saturday, June 19, 2004, which included participation by over 30 City departments and organizations; workshops were offered on small loans, bonding and certification, and insurance, etc., and the event offered an opportunity for City departments to provide information on their role in City government. The City Manager advised that the Governor of Virginia has recognized the City of Roanoke as one of five communities whose Enterprise Zone has been reauthorized for another 20 years. At 4:20 p.m., the Mayor declared the Council meeting in recess for two briefings, which were followed by two Closed Sessions. At 4:25 p.m., the Council meeting reconvened in the Council's Conference Room, with all Members of the Council in attendance, Mayor Smith presiding. BRIDGES-ACTS OF ACKNOWLEDGEMENT: The City Manager introduced a briefing by representatives of the Dr. Martin Luther King, Jr. Committee, which was appointed to facilitate development of a memorial to Dr. King in 1216 connection with the prbposed rehabilitation of the First Street Bridge. She advised that the briefing will be facilitated by Ms. Brenda Hale and Ms. Lee Wolfe, members of the Committee. Ms. Hale advised that in late 2003, the Dr. Martin Luther King, Jr. Committee was appointed to facilitate the development of a suitable memorial to Dr. King in conjunction with the proposed rehabilitation of the First Street Bridge; the Committee divided itself into subgroups to begin the process of developing recommendations for creation of the memorial, looking at such things as the design and treatment of the north and south end of the bridge, rehabilitation of the bridge itself and creation of a public open space at the northern end of the bridge; and an open house was held on Tuesday, June 14, 2004, at the Dumas Center to obtain further public input on the Committee's recommendations, at which time a summary of the Committee's recommendations, project cost estimates, and conceptual design were displayed for.review by the public. Ms. Wolfe reviewed the membership of the Committee, i.e.: Gilbert Butler, Herman Carter, Barbara Duerk, Brenda Hale, Bishop Heath Light, J. Granger Macfarlane, Mac McCadden, the Reverend Edward Mitchell, Wendy Moore, Mignon Chubb-Hate, Perneller Chubb-Wilson, Jeff Artis, Ted Edlich, Vernice Law, Tom McKeon,John Baker, Metody Stovall, Mark McConnell, Dr. Floyd Davis, Council Me'mber Linda F. Wyatt, Council Member M. Rupert Cutler, Lee Wolfe, Rolanda Russell, Brian Townsend and Jan Bruce. Ms. Wolfe reviewed 'the following summary of recommendations of the Committee: Green space - Park: Remove overhead light pole on west side Attempt to use existing fence around perimeter Grade and re-seed all slopes Sidewalk connections to bridge and Gainsboro Parking Garage Utilize monument/obelisks/quotes Benches around centerpiece Refuse receptacles Up lighting for landscaping statue 1217 Bridge: Medallions at either end of bridge - name/likeness of Dr. King Name in pavement as alternative Lighting on bridge as per conceptual plan Stairway/elevator as option to project Provide better flair/abutment of bridge on south end'at Salem Avenue Directional signage to bridge and memorial MS. Wolfe reviewed the following cost estimateS: Statue Medallions at Bridge Entrance (4) Audio - visual' stations (4) Observation platforms Benches (4) Trash receptacles (4) MLK park lighting Park landscaping Subtotal Stair/elevator tower Total $ 100,000.00 - $ 25,000.00 - 75,000.00 - 30,000.00 -' 15O,0OO.OO 10,000.00 20,000.00 30,000.00 2,800.00 2,400.00 90,000.00 35,000.00 265,000.00 - 340,200.00 200,000.00 - 225,000.00 $ 465,000.00- 565,200.00 An attachment to the report included the names of persons who attended the open house on June 14, 2004, and a summary of comments. (See attachment on file in the City Clerk's Office.) MS. Hale advised that. a conceptual design reflecting the recommendations was prepared by Hayes, Seay, Mattern'and Mattern, Inc., who, in conjunction with City staff, provided technical support to the Committee during the process. She stated that the Committee has completed this phase of its work and submits its recommendations to Council for 1218 ,review and consideration; and once Council has reviewed the Committee's recommendations and related conceptual design, the Committee is prepared to facilitate moving the project to the design and implementation stage. ,~Ms. Hale acknOwledged and expressed appreciation for the work of the Committee and also expressed appreciation to Council for its support of the Committee's work in this important community endeavor. Ms. Perneller Chubb-Wilson, representing the Southern Christian Leadership Conference (SCLC), called attention to support of the recommendation by both the local and State SCLC. She stated that caution must be exercised when naming anything in memory of Dr. King because the King name has been patented and copyrighted. The City Manager advised that the plans before Council provide for a vehicular bridge; it is anticipated that Council will schedule a work session to discuss the matter prior to taking official action; there are slight to major differences within the framework of the Committee and a different idea in regard to the direction of vehicular traffic which is a decision to be made by Council; bridge amenities will be funded, in part, by a $270,000.00 appropriation that Congressman Goodlatte was instrumental in obtaining and Congressman Goodlatte believes that the balance of funding will be forthcoming; and certain actions will need to take place in order to use Federal funds which will add some additional time to the process, and City staff is ready to proceed at the pace of Council. Council Member Wyatt advised that there was a strong and frank dialogue among Committee members, the Committee worked as a group to be proactive rather than reactive, members took responsibility and assumed ownership for the recommendation; there was always a concern for the greater good at each meeting of the committee, and the project was citizen driven. Allison Blanton, Executive Director, Roanoke Valley Preservation Foundation, expressed appreciation to the Committee on behalf of the Board of Directors of the Preservation Foundation. She advised that the Preservation 1219 Foundation would like to'be a part of the cooperative effort and is not opposed to the MLK memorial, although the Preservation Foundation supports a vehicular bridge, if possible; however, the greatest concern is that the original bridge structure will be kept intact and preserved because of its historical value and because it is surrounded by historic districts that have been redeveloped and renovated. She asked that all options be explored and that the services of a preservation engineer be engaged by the City. In summary, she stated that the Preservation Foundation supports the proposed memorial to Dr. King, the City is requested to maintain the memorial as a historical bridge, and the Roanoke Valley Preservation Foundation offers its assistance as a partner with the City to achieve this goal. Mr. Robert Gravely, 729 Loudon Avenue, N. W., applauded the accomplishments of the Dr. Martin Luther King, Jr. Committee, however, he stated that the recommendation is a disgrace to the memory of' Dr. King and what he stood for. The City Manager requested guidance as to how Council would tike to proceed. She advised that City staff will work with the Roanoke Valley Preservation Foundation to obtain the services of a preservation engineer to ensure that all options have been explored and the Dr. Martin Luther King, Jr. Committee has offered to participate in implementation of the recommendations. CIVIC CENTER: The City Manager introduced a briefing on new seating and placement of a center aisle in the Auditorium at the Roanoke Civic Center. Wilhelmina Boyd, Director, Civic Facilities, advised that: The Roanoke Civic Center has been the proud host to some of the world's finest entertainers and scores of traveling Broadway productions. The Roanoke Symphony provides a wide variety of orchestral events. The Auditorium has also been the desired venue for graduations, dance recitals and concerts. 1220 Seating in the Auditorium has been in place since 1971. The balcony has the original upholstery. Loge and orchestra level seating have been re- upholstered once. The facility has 2,440 continental style .seats that were popular in the ] 970's. Seats are badly worn and torn 'and there have been numerous complaints about the condition and configuration of the seats. The poor quality of seating does not match the high quality events that are presented inthe Auditorium. In 2003, plans were initiated to refurbish the backs and seats, however, repair parts are in scarce supply. Further investigation has revealed that refurbishment could cost as much or more than new seats. $146,000.00 was allocated in 2003 from retained earnings which will not cover the cost. New or refurbished seats would cost more than double the allotted funds, therefore, new seating has been considered. Installation of new chairs and standards would allow an opportunity to create a center and cross aisle in the orchestra section. The balcony has aisles with the exception of the front row. The Ioge would not require aisles. By creating aisle space, seating capacity would be 2,200~ The Symphony and JAM Theatricals have. been made aware of the possible reduction in seating and are enthusiastic about having new seats and aisle. Loss of seating would not present a problem considering the fact that there were only two sell out events in fiscal year 2003-2004 and one sell out performance for a multiple show event. Invitations to bid were sent to companies that 1221 have experience with manufacturing and installing auditorium seating. Bidders must have installed seating in at least five similar type facilities. Bids are due on July 2, 2004, and on July 6, Council will be requested to approve the use of retained earnings to offset the cost of new seating. The successful bidder must be able to complete manufacturing, demolition of old seats and installation of new seats by September 30, 2004. Estimated cost for the seats is $300,000.00 to $350,000.00. The original allocation of $146,000.00 can be supplemented with additional retained earnings of $254,000.00. Approval by Council to move forward with the purchase of new seating for the Civic Center Auditorium is requested. Approval by Council for appropriation of $180,000.00 from retained earnings to cover the cost of demolition of the old seats, purchase, manufacture and installation of new auditorium seating is also requested. The City Manager advised that with the concurrence of Council, she will submit a recommendation to Council at its next regular meeting on Tuesday, July 6, 2004, requesting that Council approve additional funds for Civic Center Auditorium seat replacement. Following questions/discussion with regard to the benefits of refurbishment versus replacement, it was the consensus of Council to concur in the recommendation of the City Manager to replace Civic Center Auditorium seats. At 6:15 p.m., the Council convened in Closed Session in the Council's Conference Room. 1222 At 6:20 p.m., the Council meeting reconvened in the Council Chamber, with all Members of the Council in attendance, Mayor Smith presiding. .'COUNCIt: With respect to the Closed Meeting just concluded, Mr. Bestpitch moved that each Member of City Council certify to the best of his or her knowledge that: (]) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Cutler and adopted by the following vote: AYES: Council Members Harris, Wyatt, Bestpitch, and Cutler .......... 4. NAYS: None .................................................. O. (MaYOr Smith and Council Members Dowe and Fitzpatrick were not in the Council Chamber when the vote was recorded.) OATHS OF OFFICE-COMMITTEES-SCHOOLS: The Mayor advised that there is a vacancy on the Board of Directors, Virginia Western Community College, to fill the unexpired term of Harriet S.. Lewis, resigned, ending June 30, 2006; whereupon, he opened the floor for nominations to fill the vacancy. Mr. Bestpitch placed in nomination the name of Dennis R. Cronk. There being no further nominations, Mr. Cronk was appointed as a member of the Board of Directors, Virginia Western Community College, to fill the unexpired term of Harriet S. Lewis, resigned, ending June 30, 2006, by the following vote: FOR MR. CRONK: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor Smith ....................................... 7. 1223 COMMI'I-fEES-YOUTH: The Mayor advised that there is a vacancy on the Youth Services Citizen Board, for a term ending May 31,2007; whereupon, he opened the floor for nominations to fill the vacancy. ~Mr. Bestpitch placed in nomination the name of Saduma H. Guhad. There being no further nominations, Ms. Guhad was appointed as a member of the Youth Services Citizen Board, for a term ending .May 31, 2007, by the following vote: FOR MS. GUHAD: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor Smith ....................................... 7. At 6:25 p.m., the Mayor declared the Council meeting in recess until 7:00 p.m., in the City Council Chamber. At 7:00 p.m., on Monday, June 21,2004, the Council meeting reconvened in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding. PRESENT: Council Members Beverly T. Fitzpatrick, Jr., C. Nelson Harris, Linda F. Wyatt, William D. Bestpitch, M. Rupert Cutler, Alfred T. Dowe, Jr., (arrived late), and Mayor Ralph K. Smith ................................ 7. ABSENT: None ................................................ 0. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City Clerk. The meeting was opened with prayer by Council Member William D. Bestpitch. 1224 The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Smith. PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE. " PUBLIC HEARINGS: ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing .for Monday, June 21, 2004, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a request of Public Facility Consortium, LLC, to rezone a portion of two tracts of land located at 2903 Peters Creek Road, N. W., containing 11.5 acres, more or less, identified as Official Tax Nos. 6410105 and 6410106, from RS-3, Residential Single Family District, and C-2, General Commercial District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, June 4, 2004, and Friday, June 11,2004. The City Planning Commission submitted a written report advising that the purpose of the proposed rezoning is to permit general and professional offices on the property; with proffered conditions, the application of C-2, General Commercial District, to the subject properties, is appropriate; the petitioner Proffers one use for the subject properties, general and professional offices; although the proffered use .is permitted by right in the C-1, Office District, the petitioner requests C-2 to allow for a maximum height of 45 feet, as opposed to a maximum 35 foot height in the C-1 District; staff believes that the proffer allowing only office uses ensures compatibility with the surrounding area; proffered conditions to increase the depth of the required buffer yard along the rear lot line and to limit the intensity of outdoor lighting along adjacent property lines greatly protects surrounding districts from development impacts; staff also believes that site development issues have been adequately addressed through the petitioner's proffers; and the proffered 1225 conditions provide storm water and run-off measures, parking limitations in front of the building and on the entire site, and landscaping to provide for an adequate tree canopy. 'The City Planning Commission recommended that Council approve the request for rezoning, in view of the proffered conditions of the amended petition. Mr. Harris offered the following ordinance: (#36747-062104) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 641, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 68, page 586.) Mr. Harris moved the adoption of Ordinance No. 36747-062104. The motion was seconded by Mr. Fitzpatrick. Maryellen F. GoOdlatte, Attorney, representing the petitioner, appeared before Council in support of the request of her client. The Mayor inquired if there were persons present who would like to be heard: in connection with the matter. There being none, he declared the public. hearing closed. There being no discussion or comments by Council Members, Ordinance No. 36747-062104 was adopted by the following vote: AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler, and Mayor Smith ....................................................... 6. NAYS: None ................................................ 0. 1226 (Council Member Dowe was not present when the vote was recorded.) ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 198], the City Clerk having advertised a public hearing for Monday, June 2], 2004, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a request of Mid-South Management, LLC, a Virginia limited liability company, that proffered conditions presently binding upon a tract of land located at the intersection of Orange Avenue and King Street, N. E., designated as Official Tax No. 7090511, as set forth in Ordinance No. 29147, adopted on June 20, 1988, be amended, the matter was before the body. Legal advertisement of the public hearing was published in The Tirneson Friday, June 4, 2004, and Friday, June 11,2004. The City Planning Commission submitted a written report advising that in June, 1988, pursuant to Ordinance No. 29147, property identified as Official Tax No. 7090511 was rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, with proffered conditions, for the purpose of constructing a drive-through banking facility; and conditions presently binding upon Official Tax No. 7090511 as a result of the conditional C-2, General Commercial rezoning in 1988 are as follows The property will be developed in substantial compliance with a.site development plan prepared by T. P. Parker & Son, Engineers and Surveyors, LTD., dated April ] 3, ] 988, subject.to any changes required by the City during site plan review. If no building permit, has been issued and no construction commenced within three years from the date of final zoning approval, .zoning shall revert to Light Manufacturing (LM) District without further action by Council. 1227 It was further advised that a petition to amend proffered conditions on Official Tax No. 7090511 was filed on April 1, 2004; an amended petition to amend proffered conditions was filed on May 27, 2004; the petitioner requests that the proffers as stated above and enacted by Ordinance No. 29147 be repealed as they apply to Official Tax No. 7090511 and that the following proffered conditions be substituted and adopted by those existing proffers delineated above: The subject property shall be developed for the location of a drive-thru car wash in substantial conformity with the site development plan dated March 31,2004, prepared by T. P. Parker & Son. The only freestanding signage on the premises shall be as indicated on the proffered site development plan dated March 31, 2004, which signage shall not be greater than 60 square feet. The exterior of the building shall be brick face with a · standing seam metal roof with gables. Given the previously proffered and approved drive-through banks, on the subject property and the proffered conditions, the City Planning Commission recommended that Council approve the request.to amend proffered conditions, as amended. Mr. Harris offered the following ordinance: (#36748-062104) AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 709, Sectional 1976 Zone Map, City of Roanoke, in order to amend certain conditions presently binding upon certain 'property previously conditionally zoned C-2, General Commercial District; and dispensing with the second reading by title of this ordinance. 1228 (For full text of ordinance,' see Ordinance Book No. 68, page 588.) Mr. Harris moved the adoption of Ordinance No. 36748-062104. The motion was seconded by Mr. Fitzpatrick. Edward A. Natt, Attorney, representing the petitioner, appeared before Council in support of the request of his client. The Mayor inquired if there were persons present who would like to be heard in connection with the matter; whereupon, Mr. Chris Craft, 1501 East Gate Avenue, N. E., spoke in opposition to the request for rezoning and advised that adding a car wash establishment to an area that is already heavily congested will increase traffic. There being no further speakers, the Mayor declared the public hearing closed. Council Member Fitzpatrick inquired about a statement made by a representative of Kroger at the City Planning Commission hearing in regard to Kroger's willingness to share financially in the responsibility for resolving traffic issues, such as the widening of King Street or the addition of turn lanes; whereupon, the City Manager advised that Kroger was asked several years ago to participate in the construction of a left turn lane that would facilitate the movement in and out of Kroger when Kroger was seeking to construct a gas station and pumps on the site, and, at the time, Kroger was unwilling to participate at the level requested by the City, therefore, the fueling station was not constructed. She further advised that the City's Traffic Engineer has reviewed the traffic situation at the intersection to the proposed car wash and concluded that it does not create sufficient traffic generation to pose additional problems; however, it is clear that at some point in the future improvements will have to be made to a much longer stretch of King Street than just to the original request that was proposed for the left turn signal~ which improvements are estimated to be in excess of $500,000.00; and the amount of money that the City requested of Kroger several years ago was relatively small in comparison to the current $500,000.00 estimate. 1229 There being no further discussion or comments by Council Members, Ordinance No. 36748-062104 was adopted by the following vote: AYES: Council Members Fitzpatrick, Harris, Wyatt, Cutler, Bestpitch, and Mayor Smith ....................................................... 6. NAYS: None .................................................. O. (Council Member Dowe was not present when the vote was recorded.) Council Member Dowe entered the meeting. DOWNTOWN ROANOKE, INCORPORATED-SPECIAL SERVICE DISTRICT: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, June 21, 2004, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the proposed expan'sion of Downtown Roanoke Service District boundaries, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, June 4, 2004, and Friday, June 11,2004. The City Manager submitted a communication advising that a Downtown Service District (DSD) was first established by Council on December 8, 1986, effective July 1, 1987; on May 28, 1991, Council approved expansion of the DSD to include the boundaries that represent the DSD as it stands today; revenues generated by the District contribute approximately $250,000.00 annually to the operation of Downtown Roanoke Incorporated (DRI); the current taxation rate of the DSD is 10 cents per $100.00 of assessed value; and the City Administration has received a request from DRI for consideration of a further expansion of the District boundaries. It was further advised that during 2003, DRI conducted a review of potential areas for further expansion of the Special Services District; the 3rocess included evaluation of land uses and functions of the areas, review of 1230 the services and benefits that would be provided by the Special Services District to the areas, and meetings with property owners and business interests located within the areas. 'It was explained that the area identified for expansion is located to the west of the current District, and is bounded by 5th Street on the east, 7th Street on the west, Marshall Avenue on the south, and the rear property lines of properties fronting on the north side of Campbell Avenue on the north; the area contains such facilities as the YMCA facility currently under construction, The Jefferson Center, .the Cotton Mill property, and a variety of,commercially developed properties along Campbell Avenue; and it is estimated that approximately $3,000.00 of additional annual revenue and contribution to Downtown Roanoke Inc. will result from the expansion area at the current taxation rate. The City Manager advised that expansion will provide a wide range of services and support activities provided by DRI to the area, including participation and inclusion in ongoing planning and marketing initiatives, economic development initiatives such as business retention and recruitment, community relations, and special events; therefore, she recommended that Council approve expansion of the Downtown Special Services District. Mr. Fitzpatrick offered the following ordinance: (#36749-062104) AN ORDINANCE amending and reordaining §32-102.2, Defined, of Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended, to amend the definition of the downtown service district to expand such district; providing for an effective date; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 68, page 590.) Mr. Fitzpatrick moved the adoption of Ordinance No. 36749-062104 The motion was seconded by Mr. Harris. David A. Diaz, President, Council in support of the request. 1231 Downtown Roanoke, Inc., appeared before The Mayor inquired if there were persons present who would like to be heard in connection with the matter. There being none, he declared the public hearing closed. There being no discussion or comments by Council Members, Ordinance No. 36749-062104 was adopted by the following vote: AYES: Council Members Fitzpatrick, Harris, Wyatt, Cutler, Bestpitch, Dowe and Mayor Smith ................................................... 7. NAYS: None .................................................. O. Council Member Fitzpatrick requested that the record reflect that he is a member of the Foundation for Downtown Roanoke, Inc., however, he receives no remuneration for his service. COMMUNITY PLANNING-ROANOKE VISION, COMPREHENSIVE DEVELOPMENT PLAN: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, June 21, 2004, at 7:00 p.m., or as soon thereafter as the matter may be heard, on an amendment of Vision 2001-2020, the City's Comprehensive Plan, to include the Franklin Road/Colonial Avenue Area Plan, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, June 4, 2004, and Friday, June 11,2004. The City Planning Commission submitted a written report advising that the Franklin Road/Colonial Avenue Area Plan covers an area southwest of downtown Roanoke and is bounded by Brandon Avenue to the north, the neighborhoods of Greater Raleigh Court and Grandin Court to the west, South Roanoke to the east, and Roanoke County to the south; and City Planning staff noted the following issues in the plan that need to be addressed: 1232 Traffic flow around Colonial Avenue between Towers Shopping Center and Virginia Western Community College, including exit/entrance ramps from Route 220 and Won]u 'Street. Maintaining the original character and density of single- family neighborhoods Divided opinions of residents on potential curb and gutter improvements To address these issues, the Plan features four priority recommendations: Community Design Define the edges of commercial centers, and commercial zoning and development on Colonial Avenue and Franklin Road to .ensure that residential areas are preserved and development of existing commercial sites is maximized. Residential Development Maintain current residential densities in the 'update of the zoning ordinance per the future land use map. Economic Development · Focus small-to-medium sized development in concentrated ·infrastructure. commercial centers Improve the flow of traffic in the vicinity of Virginia Western Community College and Towers Shopping Center, including Wonju Street, Brandon and Colonial Avenues and 1233 allexit/entrance ramps. This improvement is the highest priority of the plan. · Focus curb, gutter and sidewalk improvements to existing arterial streets and ensure inclusion in all future developments/subdivisions. The City Planning Commission recommended approval of the Franklin Road/Colonial Avenue Area Plan for adoption as a component.of Vision 2001- 2020. · Mr. Harris offered the following ordinance: (#36750-062104) AN ORDINANCE approving the Franklin Road/Colonial Avenue Area Plan, and amending Vision 2001 - 2020, the City's Comprehensive ~Plan, to include the Franklin Road/Colonial Avenue Area Plan; and dispensing with the second reading of this ordinance by title. (FOr full text of ordinance, see Ordinance Book No. 68, page 592.) Mr. Harris moved the adoption of Ordinance No. 36750-062104. The motion was seconded byMr. Fitzpatrick. The Mayor inquired if there were persons present who would like to be heard in connection with the matter. There being none, he declared the public hearing closed. There being no discussion or comments by Council Members, Ordinance No. 36750-062104 was adopted by the following vote: AYES: Council Members Fitzpatrick, Harris, Wyatt, Cutler, Bestpitch, Dowe and Mayor Smith ................................................... 7. NAYS: None .................................................. 0. 1234 ,, STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, June 21, 2004, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke that a certain 32.5 squari~ foot portion of a 15-foot alley located between 3rd and 4'h Streets, S. W., adjacent to a parcel of land identified as official Tax No. 1011306, be permanently vacated, discontinued and closed, the matter was before the body. Legal advertisement of the public hearing was published in The t~oano/~e T/rnes on Friday, June 4, 2004, and Friday, June 11,2.004. The City Planning Commission submitted a written report advising that the petitioner plans to construct a cone. fete .pad: to support a dumpster that serves the Police Department's building at Official Tax No. 1011306; the subject portion of the alley is not improved; width of the alley is approximately 15 feet, with only 30 feet paved; the proposed, vacation of, and subsequent construction in, the subject portion of alley will not limit or deny vehicular access to the alley; the petitioner has. indicated that construction of the concrete pad will temporarily close the. alley to through traffic; and the petitioner has also stated that all vehicular use of the alley will be restored upon completion of construction. The City Planning Commission recommended approval of the request to vacate, discontinue and close the portion of alley, subject to certain conditions and that the petitioner not be charged for the portion of right-of-way, Mr. Harris offered the following ordi'nance: (#36751-062104) AN ORDINANCE permanently vacating, discontinuing and closing a certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 68, page 594.) 1235 Mr. Harris moved'the adoption of Ordinance No. 36751-062104. The motion was seconded by Mr. Dowe. The Mayor inquired if there were persons present who would like to be heard in connection with the matter. There being none, he declared the public hearing closed. The being no discussion or comments by Council Members, Ordinance No. 36751-062104 was adopted by the following vote: AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor Smith ............................................. 7. NAYS: None .................................................. O. BUDGET-SCHOOLS: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, June 21, 2004, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the proposed adjustment of the aggregate amount of the Fiscal Year 2004-2005 School Fund Budget, in connection with appropriation of an additional $4,049,545.00 from the Commonwealth of Virginia, the matter was before the body. legal advertisement of the public hearing was published in The Roanoke Times on Friday, June 4, 2004, and Friday, June 11,2004. A communication from the Roanoke City School Board requesting that Council approve the supplemental appropriation request of $4,049,545.00 in state funds approved by the General Assembly, advising that the increase in State revenue categories are the result of actions taken by the Virginia General Assembly subsequent to passage of the City and School budgets by Council; additional funds will be used to provide for payment of Comprehensive Services Act costs, addition of 31.0 full-time equivalent positions, addition of seven pre-school classes, implementation of funds for discipline/safety, an increase in the capital project debt reserve, an increase in employee health insurance 1236 premiums, and an increase of 2.0 per cent in the employee salary pay scales, was before the body. The Director of Finance submitted a written report recommending that Coun~:il concur in the request of the School Board. Mr. Dowe offered the following budget ordinance: (#36752-062104) AN ORDINANCE to appropriate funding approved by the General Assembly and to decrease the funding from the City, amending and reordaining certain sections of the 2004-2005 School Fund Appropriations, and dispensing with the second reading by title of this ordinance. : (For full text of ordinance, see Ordinance Book No. 68, page 5-96.) Mr. Dowe moved the adoption of Ordinance No. 36752-062104. The motion was seconded by Mr. Cutler. The Mayor inquired if there were persons present who would like to be heard in connection with the matter. There being none, he declared the public hearing closed. There being no discussion or comments by Council Members, Ordinance No. 36752-062104 was adopted by the following vote: AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor Smith ............................................. 7. NAYS: None .................................................. 0 BONDS/BOND ISSUES-BUDGET-CAPITAL IMPROVEMENTS PROGRAM: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, June 21, 2004, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the proposed adoption of a resolution authorizing the City of Roanoke to contract a debt and ~to issue or 1237 reallocate the proceeds of general obligation public improvement bonds of the City, in the amount of $22,350,000.00, for various capital improvements projects and capital equipment projects, the matter was before the body. · Legal advertisement of the public hearing was published in The Roanoke Tirneson Monday, June 7, 2004, and Monday, June 14, 2004 The City Manager submitted a communication advising that on May 13, 2004, Council adopted a resolution endorsing the update to the fiscal year 2005-2009 Capital Improvement Program (CIP), which provides for investment in buildings, economic development, park, school, civic facility and infrastructure related projects; and as discussed during meetings of the Budget and Planning Committee and during the Financial Planning Work Session, 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 5,500,000.00 · Patrick Henry High School 46,775,000.00 · Downtown West Parking Garage 2,000,000.00 · Civic Facilities Expansion and Renovation $ 6,670,000.00 4,435,000.00 14,300,000.00 It was further advised that Council previously authorized issuance of bonds for the Civic Center Expansion/Renovation project and the Riverside Center for Research and Technology project, as well as a portion of the bonds for the'Patrick Henry High School project; authorization is needed for the issuance of bonds for the Police Building Phase II, Fire/EMS Facilities, and the Downtown West Parking Garage; and authorization is also needed for additional funding of $8,7?5,000.00 for the Patrick Henry High School Renovation/Construction project. It was explained that funding needs to be appropriated in advance of bond issuance to award a construction contract for the Police Building Phase 1238 I~1 project; to begin grading and site preparation work for the Fire-EMS Facilities project; for property acquisition required for the Downtown West Parking Garage Project; and for improvements that are being done outside of the Exhibit Hall project, such items include repairs to the plaza, waterproofing, replacement of electrical panels, relocation of electric service, location of underground utilities, relocation of the existing cooling tower, and engineering services; that Council appropriate savings achieved from the restructuring of the Series 2004 refunding bond escrow to the financial application replacement project; total savings net of expenses are approximately $764,000.00; as discussed during the briefing on :June 7, 2004, savings of. $470,000.00 may be allocated to project costs in fiscal year 2004 with an additional amount of $1 96,950.00 in fiscal year 2005, and the balance of approximately $97,000.00 may be allocated during fiscal year 2006 and will be included in budget recommendations for that year. The City Manager recommended that Council: Adopt a resolution authorizing issuance of bonds for the Police Building Phase II ($6,670,000.00), Fire/EMS Facilities ($4,435,000.00), and Downtown West Parking Garage ($2,000,000.00); authorize issuance of $8,775,000.00 in bonds for the Patrick Henry High School Renovation/Construction project; and declare the City's intent to reimburse itself from the sale of such bonds~ Appropriate funding for the following projects: · Police Building Phase II $ · Fire-EMS Facilities $ · Downtown West Parking Garage $ · Civic Facilities Expansion and Renovation 6,670,000.00. 600,000.00 600,000.00 2,300,000.00 Authorize appropriation of savings from escrow restructuring associated with the Series 2004 refunding bonds to the Financial Application Replacement project as follows: $470,000.00 from' currently available escrow savings in fiscal year 2004 and $196,950.00 from Transfer to Debt Service in fiscal year 2005; and transfer to debt service fund may be reduced as debt service in that year is funded by escrow 'savings in lieu of the General Fund transfer. 1239 Mr. Dowe offered the following resolution: (#36753-062104) A RESOLUTION authorizing the issuance of twenty- two million three hundred fifty thousand dollars ($22,350,000.00) principal amount of general obligations of the City of Roanoke, Virginia, in the form of General Obligation Public Improvement Bonds of such City, or the reallocation of the proceeds of General Obligation Public Improvement Refunding Bonds heretofore issued by the City, for the purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various capital improvement projects and the acquisition and installation of various capital equipment projects of and for such City; fixing the form, denomination and certain other details of such bonds; providing for the sale of such bonds; authorizing the preparation of a preliminary official statement and an official statement relating to such bonds and the distribution thereof and the execution of a certificate relating to such official statement; authorizing the execution and delivery of a continuing disclosure certificate relating to such bonds; authorizing and providing for the issuance and sale of a like principal amount of general obligation public improvement bond anticipation notes in anticipation of the issuance and sale of such bonds; delegating to the City Manager and the Director of Finance certain powers with respect to the sale and determination of the details of such bonds and notes; and otherwise providing with respect to the issuance, sale and delivery of such bonds and notes. (For full text of resolution, see Resolution Book No. 68, page 597.) Mr. Dowe moved the adoption of Resolution No. 36753-062104. The motion was seconded by Mr. Fitzpatrick. 1240 The Mayor inquired if there were persons present who would like to be heard in connection with the matter. There being none, he declared the public hearing closed. ~ The being no discussion or comments by Council Members, Resolution No. 36753-062104 was adopted by the following vote: .AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor Smith ............. -~ ......... -~ .................... 7 NAYS: None .................................................. 0. Mr. Cutler offered the following budget ordinance: (#36754-062104) AN ORDINANCE to appropriate funding to be provided by the Series 2005 Bonds to various capital projects, amending and reordaining certain sections of the 2003-2004 Civic Facilities, Parking, Capital Projects and Department of Technology Funds Appropriations and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 68, page 613.) Mr. Cutler moved the adoption of Ordinance No. 36754-062104. The motion was seconded by Mr. Fitzpatrick and adopted by the following vote: AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor Smith ............................................. 7. NAYS: None .................................................. O. Mr. Fitzpatrick offered the following budget ordinance: (#36755-062104) AN ORDINANCE to appropriate funding from the escrow restructuring savings to the Financial Application Replacement Project, amending and reordaining certain sections of the 2004-2005 General 1241 and Department of Technology Funds Appropriations and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 68, page 614.) Mr. Fitzpatrick moved the adoption of Ordinance No. 36755-062104. The motion was seconded by Mr. Dowe and adopted by the follOwing vote; AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor Smith ............................................. 7. NAYS: None .................................................. 0. CITY CODE-SEWERS AND STORM DRAINS-ZONING-SUBDIVISIONS-WATER RESOURCES: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, June 21, 2004, at 7:00 p.m., or as soon thereafter as the matter may be heard, on amendments and revisions to Chapter 31, Subdivisions, and Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended, to achieve various purposes as a result of creation of the Western Virginia Water Authority, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke T/mos on Friday, June 4, 2004, and Friday, June 14, 2004. The City Planning Commission submitted a written report advising that with implementation of the Western Virginia Water Authority on July 1, 2004, it is necessary to amend various sections of the City Code relative to Zoning and Subdivisions; and the amendments, while not substantive in terms of actual land use or development regulations, reflect roles and responsibilities that the Western Virginia Water Authority will have in the review, processing, and approval of subdivision requests and comprehensive development plans. It was further advised that amendments specifically add the Water Authority to certain sections of the regulations because the Authority 1242 will be formed as a §eparate legal entity, and will take over roles and responsibilities in the subdivision and comprehensive development plan review processes currently within the purview of the Department of Utilities; certain definitions in the Subdivision and Zoning sections of the Code are updated to reflect the formation of the Water Authority; where necessary, the amendments also update cross-references to other sections of the City Code and the Code of Virginia (1950), as amended; and amendments also make modifications to procedures related to the filing and processing of plans and plats, the number of copies to be distributed, and review and approval of such plans and plats. The City Planning Commission recommended that Council approve amendments to the Subdivision and Zoning sections of the City Code. Mr. Dowe offered the following ordinance: · (#36756-062104) AN ORDINANCE amending and reordaining §§31-4, 31-5, 31-6, 31-8, 31-25, 31-26, 31-27; 31-28, 31-29, 31-32,31-33, 31-36, 31-39, 31-54, 31-68, 31-74, 31-86, 31-104, 31-105~ 31-106~ 31-107, and 31-122, of Chapter 31, Subdivisions, of the Code of the City of Roanoke (1979), as amended, to achieve various purposes, including amending and adding certain definitions, updating references to the State Code and the City Code, adding references to the Western Virginia Water Authority, clarifying and amending the responsibilities of the agent to the Planning Commission with respect to subdivisions, amending filing procedures with respect to subdivision plats and plans as a result of the creation of the Western Virginia Water Authority, providing for an effective date, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 68, page 61 5.) Mr. Dowe moved the adoption of Ordinance No. 36756-062104. The motion was seconded by Mr. Harris. 1243 The Mayor inquired if there were persons present who would like to be heard in connection with the matter. There being none, he declared the public hearing closed. There being no discussion or comments by Council Members, Ordinance No. 36756-062104 was adopted by the following vote: AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor Smith ............................................. 7. NAYS: None .................................................. O. Mr. Dowe offered the following ordinance: (#36757-062104) AN ORDINANCE amending and reordaining §36.1-25, Definitions, by adding the definition of "authority" and by amending the definition of "utility" to include a reference to an authority; subsection (b) of §36.1-576, Submission procedures; comprehensive development plan; subsection (a) of §36.1-578, Siqnature required on approved comprehensive development plan, to include a reference to the development engineer and the zoning administrator; and §36.1-580, Chanqes to approved development plan, to include a reference to the development engineer, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, 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 634.) Mr. Dowe moved the adoption of Ordinance No. 36757-062104. The 'motion was seconded by Mr. Fitzpatrick. The Mayor inquired if there were persons present who would like to be heard in connection with the matter. There being none, he declared the public hearing closed. 1244 The being no discussion or comments by Council Members, Ordinance No. 36757-062104 was adopted by the following vote: AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor Smith .................................... ~ ........ 7. NAYS: None .................................................. 0. SEWERS AND STORM DRAINS-CITY PROPERTY-WATER RESOURCES- EQUIPMENT: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, June 21,2004, at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to execution of an Operating Agreement among the City of Roanoke, the County of Roanoke, and the Western Virginia Water Authority, which authorizes conveyance of certain parcels of land, both within and without the City, and the transfer of certain vehicles and other equipment, upon certain terms and conditions, the matter was before the body. Legal advertisement of the public hearing was published in The Roano/ce T/rnes on Friday, June 11,2004. The City Manager submitted a communication advising that the proposed agreement defines the rights and obligations of the City of Roanoke, Roanoke County, and the Western Virginia Water Authority for management of area water and wastewater resources; and the agreement details real property, personal property, assets, debt, and other liabilities being transferred to the Water Authority, as well as requirements of the Authority to manage and operate water and wastewater systems of the City and the County for the benefit of citizens of both localities, effective July 1,2004. It was further advised that the document represents the efforts of more than 250 City and County employees working together in 22 teams for over 16 months to finalize details for creation of the Western Virginia Water Authority; and leadership provided by the Mayor and Members of City Council and the Council-Appointed Officers has been invaluable; and while many City 1245 departments were involved in the Water Authority's inception and development, special recognition is due the Departments of Technology, Finance, Human Resources, General Services, Public Works and City Attorney's Office, as well as employees of the Department of Utilities and the Office of Billings and Collections who will become Water Authority employees. The City Manager recommended that Council authorize the Mayor and the City Manager to execute an agreement with the Western Virginia Water Authority and Roanoke County as above described. Mr. Cutler offered the following ordinance: (#36758-062104) AN ORDINANCE authorizing execution of an Operating Agreement, dated July 1, 2004, among the City of Roanoke, the . County of Roanoke and Western Virginia Water Authority; authorizing the conveyance of certain parcels of land, both within and without the city, and the transfer of certain vehicles and other equipment, upon certain terms and conditions, as contemplated in the Operating Agreement; authorizing certain other actions; and dispensing with the second reading by title paragraph of this ordinance. (For full text of ordinance, see Ordinance Book No. 68, page 637.) Mr. Cutler moved the adoption of Ordinance No. 36758-062104. The motion was seconded by Mr. Fitzpatrick. The Mayor inquired if there were persons present who would like to be heard in connection with the matter. There being none, he declared the public hearing closed. There being no discussion or comments by Council Members, Ordinance No. 36858-062104 was adopted by the following vote: 1246 AYES: Council Members Fitzpatrick, Harris, Wyatt, B.estpitch, Cutler, Dowe, and Mayor Smith ............................................. 7. 'NAYS: None .................................................. 0. CITY EMPLOYEES: Vice-Mayor Harris offered the following ordinance establishing compensation for the City Manager, City Attorney, Director of Finance, Municipal Auditor and City Clerk for the fiscal year beginning July 1, 2004: (#36759-062104) AN ORDINANCE establishing compensation for the City Manager, City Attorney, Director of Finance, Municipal Auditor, and City Clerk, for the fiscal year beginning July 1, 2004; and dispensing with the second reading by title of this ordinance~ (For full text of ordinance, see Ordinance Book No. 68, page 640.) Mr. Harris moved the adoption of Ordinance No. 36759-062104. The motion was seconded by Mr. Cutler and adopted by the following vote: AYES: Council Members Fitzpatrick, Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor Smith ............................................. 7. NAYS: None .................................................. 0. HEARING OF CITIZENS UPON PUBLIC MA'FI'ERS: The Mayor advised that Council sets this time as a priority for citizens to be heard, and matters requiring referral to the City Manager will be referred immediately for any necessary and appropriate response, recommendation or report to Council. TRAFFIC-SEWERS AND STORM DRAINS-PARKS AND RECREATION-WATER RESOURCES: Mr. Chris Craft, 1501 East Gate Avenue, N. E., inquired as to future plans by the City regarding the East Gate neighborhood, i.e.: sidewalks, curb and gutter, East Gate Park improvements, etc. He called 1247 attention to overgrown Weeds at the foot of East Gate Avenue which could create a traffic hazard by obstructing the view of motorists making a left turn. He expressed concern that City of Roanoke customers of the Western Virginia Water Authority will experience an increase in water rates while the rates of Roanoke County customers will not change, and questioned the advantage of monthly water/sewer billing as opposed to the 'current three month billing cycle. There being no further business, the Mayor declared the meeting adjourned at 7:45 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 C}IURCH AVENUE. S.W., ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 August16,2004 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 August ] 6, 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 2.2-37! 1.A.3, Code of Virginia (1950), as amended. Sincerely, Darlene L. Burnham 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 August16,2004 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 August 16, 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, 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.corn August16,2004 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. Bu~-f~am 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 August16,2004 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, City Manager DLB:f C: William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Mary F. Parker, City Clerk C. NELSON HARRIS Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W. Noel C. Taylor Municipal Building, Room 456 Roanoke, Virginia 24011- ! 536 Telephone: (540) 853-2541 Fax: ($40) §$3-1145 August 16, 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 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 a closed 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. Bria~fl J. BJW/f pc: Darlene L. Burcham, City Manager 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 Fox: (540) 853-1145 E-mail: clerk(~ci.roanoke.va.us August 19, 2004 File #110-543 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Thomas A. Wood, Secretary Towing Advisory Board 2020 Mt. View Road Vinton, Virginia 241 79 Dear Mr. Wood: This is to advise you that William F. Clark has qualified as a member oftheTowing Advisory Board, for a term ending June 30, 2007. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew p~: Stephanie M. Moon, Deputy City C~erk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, William F. Clark, 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 Towing Advisory Board, for a term ending June 30, 2007, according to the best of my ability (So help me God). Subscribed and sworn to before me this~__~_ day of~ 2004. N:\CKEWI~AGENDA CORRESPONDENCE 04\JULY 2004\JUNE OATHS.DOC MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: cie rk{~ci.ro anoke.v a.us August 19, 2004 File #110-200 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Wayne G. Strickland, Executive Director Roanoke Valley Area Metropolitan Planning Organization P. O. Box 2569 Roanoke, Virginia 24010 Dear Mr. Strickland: This is to advise you that M. Rupert Cutler has qualified as a member of the Roanoke Valley Area Metropolitan Planning Organization, to fill the unexpired term of William D. Bestpitch, ending June 30, 2005. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew pc: Stephanie M. Moon, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, M. Rupert Cutler, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Valley Area Metropolitan Planning Organization, to fill the unexpired term of William D. Bestpitch, ending June 30, 2005, according to the best of my ability (So help me God). Subscribed and sworn to before me this ¢'rf'~day of~'!O04. BRENDA L. HAMILTON/, CLERK OF THE CIRCUIT COURT B~~__AJ4_~~ ,~1~ CLERK H:\oath and leaving serviceWietropolitan Planning Organization~rn. rupert cutler oath letter,doc DC)NALD S. CALDWELL COMMONWEALT[ I'S ATTORNEY GOYlMoNWEALTH- OF VIR61Ni& CITY OF ROANOKE OFFICE OF T[ IE COMMONWEALTI]'S ATTORNEY 315 CllURCH AVENUE ROANOKE, VIRGINIA 24016 AREA COD 540 TEL. NO. 853-2626 F^X 853-1201 July 30, 2004 Honorable C. Nelson Harris, Mayor and Members of Roanoke City Council Roanoke, Virginia Subject: Cost Collections Unit Dear Mayor Harris and Members of City Council: Please reserve approximately ten minutes at the August 16, 2004 Council Meeting, for the Commonwealth's Attorney to do a short presentation of the Cost Collection Department's results for the 2003-2004 Fiscal Year. Thank you for your assistance with this request. Sincerely, Donald S. Caldwell Commonwealth' s Attorney DSC/rpm 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 Augustl6,2004 The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: I would like to sponsor a request from Donald Caldwell, Commonwealth's Attorney, to present to Council the Cost Collection Department's result for the 2003-2004 Fiscal Year. Respectfully submitted, City Manager DLB:sm C: City Attorney Director of Finance City Clerk CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk August 19, 2004 File #60-133-236 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36805-081604 authorizing acceptance of funding for the Regional Drug Prosecutor's office from the Compensation Board of the Commonwealth of Virginia, in the total amount of $87,917.00, for the period of June 17, 2004 through June 30, 2005, and authorizing acceptance, execution and filing of appropriate documents to obtain such funds. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 16, 2004, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosure Darlene L. Burcham August 19, 2004 Page 2 pc: The Honorable Donald S. Caldwell, Roanoke City Commonwealth's Attorney 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 16th day of August, 2004. No. 36805-081604. A RESOLUTION authorizing the acceptance of funding for the regional drag prosecutor's office from the Compensation Board of the Commonwealth of Virginia and authorizing the acceptance, execution and filing of appropriate documents to obtain such funds. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the funding for the regional drag prosecutor's office in the total amoum of $87,917.00 from the Compensation Board of the Commonwealth of Vkginia for the period of June 17, 2004 through June 30, 2005. 2. The City Manager is hereby authorized to accept, execute and file on behalf of the City of Roanoke any and all documents required to obtain such funding. 3. The local share for Fiscal Year 2004-2005 shall be in the amount of $24,930.00. 4. The City Manager is further directed to furnish such additional information as may be required in connection with the acceptance of the foregoing funding or with such project. ATTEST: City Clerk CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk August 19, 2004 File #60-133-236 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. 36804-081604 appropriating funds for the Regional Drug Prosecutor 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, August 16, 2004, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment Jesse A. Hall August 19, 2004 Page 2 pc: The Honorable Donald S. Caldwell, Roanoke City Commonwealth's Attorney Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of August, 2004. ~o. 36804-081604. AN ORDINANCE to appropriate funding for the Regional Drug Prosecutor Grant, amen'ding 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 Regular Employee Salaries City Retirement ICMA Retirement FICA Hospital Insurance Dental Insurance Disibility Insurance Telephone Administrative Supplies Dues & Memberships Postage Other Rental Revenues Regional Drug Prosecutor FY05 Comp Board Regional Drug Prosecutor FY05 Local Match 035-150-3157-1102 $ 75,972 035-150-3157-1105 7,387 035-150-3157-1115 1,300 035-150-3157-1120 5,911 035-150-3157-1125 6,600 035-150-3157-1126 445 035-150-3157-1131 198 035-150-3157-2020 2,000 035-150-3157-2030 3,134 035-150-3157-2042 400 035-150-3157-2160 500 035-150-3157-3075 9,000 035-150-3157-3111 87,917 035-150-3157-3112 24,930 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. GOylMoNWEALTi+ OF Vi (31N! [)ONALD S. CAL©WELL COMMONX,¥EALTH'S ATTORNEY CITY OF ROANOKE OFFICE OF TI IE COMMONWEALTH'S ATTORNEY 315 CHURCIIAVENUE ROANOKE, VIRGINIA 24016 August16,2004 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: Acceptance of Funding for Drug Prosecutor Federal funding was made available to the State of Virginia to be used for the development of several Multi-Jurisdictional Special Drug Prosecutors statewide. The positions were developed to coordinate prosecutorial efforts among independent jurisdictions, reduce fractional and duplicate prosecutions, enhance the recovery of criminal assets, utilize federal, state and local resources to assure maximum prosecutorial effectiveness and to provide specialized prosecutorial resources to the regional drug enforcement effort. The Commonwealth's Attorneys of Craig County, Franklin County, Roanoke County, and the Cities of Roanoke and Salem applied on October 9, 1987, to the Commonwealth's Attorneys' Services Council, the State agency responsible for the administration of the grant money to fund a Multi-Jurisdictional Special Drug Prosecutor. City Council accepted the Multi-Jurisdictional Special Drug Prosecutor Grant in April, 1988, and a full-time Special Drug Prosecutor was hired in July, 1988. Annual re-application for funding is required. On April 15, 1994, funding for the Drug Prosecutor's Office was transferred from the Commonwealth's Attorneys' Services Council to the Compensation Board. The Compensation Board approved funding for the Drug Prosecutor in the amount of $87,917 on June 17, 2004, and funding will continue through June 30, 2005. The local match is $24,930, for a total of $112,847. Funding for the local share is available in General Fund - Transfer to Grant Fund (account number 001-250-9310-9535). Honorable Mayor and Members of Council August 16, 2004 Page 2 Recommended Action(s): Accept funding from the Compensation Board in the amount of $87,917 with the City providing local match funding in the amount of $24,930. Authorize the City Manager to execute the requisite documents to obtain the funding from the Compensation Board. Appropriate $87,917 in state grant funds (see attachment 1 ) and establish a corresponding revenue estimate in accounts established by the Director of Finance in the Grant Fund. Transfer $24,930 from the General Fund Transfer to Grant Fund account (001-250-9310-9535) to the Grant Fund account created above and appropriate according to attachment 1. DSC:msh Attachment C; Respectfully submitted, Donald S. Caldwell Roanoke City Commonwealth's Attorney Darlene L. Burcham, City Manager Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance 1002 1105 1115 1120 1125 1126 1130 1131 2020 2030 2042 2160 3075 Attachment 1 Program Accounts Regular Employee Salaries ICMA - Retirement ICMA - Match FICA Medical Insurance Dental Insurance Life Insurance Disability Insurance Telephone Administrative Supplies Dues & Membership Postage Other Rental TOTAL $75,972 $ 7,387 $ 1,300 $ 5,911 $ 6,600 $ 445 $ 0 $ 198 $ 2,000 $ 3,134 $ 400 $ 500 $ 9,000 $112,847 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 August 16, 2004 Honorable Ralph K. Smith, Mayor Honorable C. Nelson Harris, Vice Mayor Honorable W. D. ABilI@ Bestpitch, Council Member Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: SubJect: Acceptance of Funding for Drug Prosecutor C004-0001 I concur with the recommendation from Donald S. Caldwell, Commonwealth Attorney, for the City of Roanoke, with respect to the subject reference above and recommend that City Council authorize the City Manager to execute the requisite documents to obtain the funding from the Compensation Board. Sincerely, City Manager DLB:sm C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance 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 August 19, 2004 File #60-133 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 36806-081604 appropriating Forfeited Criminal Assets funds to continue criminal law enforcement efforts, 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, August 16, 2004, and is in full force and effect upon its passage. Mary F. Parker, CMC City Clerk MFP:ew Attachment Jesse A. Hall August 19, 2004 Page 2 pc: The Honorable Donald S. Caldwell, Roanoke City Commonwealth's Attorney Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of August, 2004. No. 36806-081604. AN ORDINANCE to appropriate funds for Forfeited Criminal Assets, amending and reorda~nlng 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 Telephone - Cellular Administrative Supplies Expendable Equipment < $5000 Training and Development DOT - PC Rental / Maintenance Revenues Forfeited Criminal Assets Forfeited Criminal Assets - Interest 035-150-5140-2021 3,000 035-150-5140~030 3,501 035-150-5140-2035 5,000 035-150-5140-2044 2,000 035-150-5140-7007 6,500 035-150-5140-7107 19,112 035-150-5140-7275 889 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. DONALD S. CALDWELL (~OMMONWEALTI I'S ATTORNEY ( oMMONWEALTI+ OF MIR61NIAr CITY OF ROANOKF OFFICE OF THE COMMONWEALTH'S Al¥()RNEY 315 CHURCllAVENUE ROANOKE, VIRGINIA 24016 AREA C()E"E 540 TEL. NO. 853~2£~26 F^x 853-12[)] August16,2004 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: Cash Assets Forfeited to the Roanoke Commonwealth Attorney's Office in an effort to better fund law enforcement efforts to fight crime, particularly drug crime, in 1986, the Federal government adopted a system of asset forfeiture whereby forfeited assets, under cedain conditions, could be returned to local law enforcement agencies, police and prosecutors, for use in their fight against crime. In July, 1991, the Virginia asset forfeiture statute, which generally is patterned after the Federal statute, took effect, providing that forfeited criminal assets may be returned to local police and prosecutors for use in the fight against crime. Periodically, assets seized as evidence are ordered forfeited by the local courts to the police or the Office of the Commonwealth's Attorney to be used for criminal law enforcement efforts. In August, 1991, a grant fund account for cash assets forfeited to the Office of the Commonwealth's Attorney was established with an appropriation of $25,000. Considerations: Since August, 1991, the Office of the Commonwealth's Attorney has expended the $25,000 originally appropriated, and periodically receives additional funds from the state's asset sharing program. Grant requirements include that these funds be placed in an interest bearing account and the interest earned be used in accordance with program guidelines. Revenues collected through June 30, 2004, for this grant are $188,255. The interest on this account collected through June 30, 2004, is $16,987. Funding received in excess of the revenues estimate totals $20,001, and needs to be appropriated. Honorable Mayorand Members of Council August16,2004 Page 2 Funds must be appropriated before they can be expended for law enforcement. Recommended Action(s): Adopt the accompanying budget ordinance to increase the revenue estimates for Forfeited Criminal Assets (035-150-5140-7107) and Forfeited Criminal Assets Interest (035-150-5140-7275) in the amounts of $19,112 and $889 respectively, and appropriate funding to the Forfeited Criminal Assets accounts (035-150-5140) in the Grant Fund as listed in Attachment 1. Donald S. Caldwell Roanoke City Commonwealth Attorney DSC:mh Attachment c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Darlene L. Burcham, City Manager Attachment i 2030 2035 2044 7007 2021 Administrative Supplies Expendable Equipment<S5000 Training & Development CIS-Personal Computer Rent/ Maintenance Telephone-Cellular TOTAL $3,501 $5,OOO $2,000 $6,500 $3,000 $20,001 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 August 16, 2004 Honorable Ralph K. Smith, Mayor Honorable C. Nelson Harris, Vice Mayor Honorable W. D. ABilI@ Bestpitch, Council Member Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Cash Assets Forfeited C004-0002 I concur with the recommendation from Donald S. Caldwell, Commonwealth Attorney, for the City of Roanoke, with respect to the subject reference above and recommend that City Council adopt the budget ordinance to increase the revenue estimates for Forfeited Criminal Assets and Forfeited Criminal Assets interest in the Grant Fund. Sincerely, Darlene L. Burcham City Manager DLB:sm C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance 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 August16,2004 Honorable C. Nelson Harris, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor Harris and Members of Council: SubJect: Employee Development Program This is to request space on Council's regular agenda for a 15 minute presentation on the above referenced subject. Respectfully submitted, City Manager DLB:sm c: City Attorney Director of Finance 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 August 16, 2004 Honorable C. Nelson Harris, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor Harris and Members of Council: Subject: Family Medical Leave Act This is to request space on Council's regular agenda for a 10 minute presentation on the above referenced subject. Respectfully submitted, Darlene L. Burcham City Manager DLB:sm C: City Attorney Director of Finance City Clerk FAMILY AND MEDICAL LEAVE ACT (FMLA) FACT SHEET FMLA was passed by Con.qress and si.qned into law in 1993 with a purpose to balance the demands of the workplace and needs of families. Employees are allowed up to twelve weeks time off due to their own serious health condition or that of certain family members. Also, birth or adoption of a child qualifies for FMLA. Impact of FMLA upon the City of Roanoke and its employees has been minimal. The City like many local governments in 1993 already had in place generous leave plans for employees so compliance with the FMLA has been relatively easy to achieve. The City of Roanoke has a comprehensive package for employees including long term disability as well as pension plan provisions that help meet the unforeseen needs of employees when a disability occurs. Health and dental premium portions paid by the City continue during the FMLA time. Paid forms of leave run concurrently with FMLA time off. Job protection is provided while on FM LA time off but ends at the conclusion of FMLA time. CURRENTLY Paid Leave >>>>>>>>>>>>>>>>>>>>>>> I. Au( ust October November OPTIONAL Paid Leave >>>>>>>>>>>>>>>>>>>>>> I. July August September October November August 16, 2004 Survey of other local governments was conducted to determine standard practices in the marketplace as far as the charging method for FMLA time. Of the 25 employers surveyed only three do not charge FMLA and paid forms of leave concurrently. CHARGING METHOD FOR Family and Medical Leave (FMLA) Jurisdiction Concurrent FML with Paid Leave Alexandria yes Arlington County no Bedford yes Blacksburg yes Charlottesville yes Chesapeake yes Chesterfield County yes Commonwealth of Virginia yes Danville no Fairfax County yes Hampton yes Harrisonburg yes Henrico County yes Loudon County yes Lynchburg yes Martinsville yes Newport News yes Norfolk yes Portsmouth yes Richmond yes Roanoke yes Roanoke County yes Salem no Staunton yes Virginia Beach yes York County yes August 16, 2004 Employee Development at The City of Roanoke "Investing in employee success through personal and professional development" Goals of Employee Development · Improve the quality of services provided to citizens · Prepare employees for career opportunities within the city · "Grow our own" and "increase our bench strength" Support employee development at all levels of the organization Prepare future leaders Review of employee development goals at least annually during the performance appraisal process A Story of Success ·.. step by step A Story of Success City Pro,qram · New Employee Orientation · General and technology course offerings at the Employee Learning Center · On the job training provided in departments, e.g. public safety academies, field training officer, introduction to department operations, learning a new filing system, and understanding departmental policies and procedures · Tuition Assistance Program allows pre- payment for courses; covers courses outside of the employee's primary job area · Employee Development Program, Foundations for Leadership Excellence, Leading Educating and Developing, Senior Executive institute, Leadership Development Initiative, and Leadership Roanoke Valley 2 A Story of Success Employee Development Program · Initiated in 2001 · Open to all employees · Program offers education and development planning, skill and interest inventories, one-on-one coaching and access to a variety of educational venues · 93 employees participate, 52% women, 42% minorities · 10 secured new positions · 14 enrolled in degree programs · 33 have completed formal development plans A Story of Success 3 A Story of Success Foundations for Leadership Excellence 3 for v and prospective ,90 ~ployee Center · Emphasis on work planning, delegation, employee motivation · Target audience of over 250 supervisor and team leaders · City's goal is to have all new supervisors participate · 2004 - New partnership with Ferrum College that provides college credit A Story of Success A Story of Success Leadinq, Educatinq And Developin.q An experiential program designed to renew leadership practices and create organizational change. Emphasizes democratic principles and systems thinking · Delivered through The Weldon- Cooper Center at the University of Virginia · Approximately 64 City employees have attended the week-long residential program since 1990 · 2004 - LEAD Alumni Group formed for City of Roanoke participants in order to inculcate and expand practices throughout the organization Leadership Roanoke Valley · Leadership Roanoke Valley is an interactive 10 month program intended to help participants better understand issues facing the Roanoke region. Creative ideas and approaches help build leadership skills and show participants how to make a difference in business and the community. · Monthly programs are created, organized, funded, and facilitated by participants under the guidance of curriculum counselors. Programs address economic development, technology, education, quality of life, and community involvement. 5 A Story of Success Senior Mana.qers LEAD chSenior Executive Institute Helps executives explore the anging environment and enhance their personal and professional skills · Aligns service, community, democracy with the roles and responsibility of leadership · Four current senior managers have participated A Story of Success Leadership Development Initiative gship program custom led to increase the leadership and management skills of 125 Middle Managers · Intended for future city leaders · Based upon a set of 16 leadership competencies · Includes formal skills assessment, formal competency training provided by Radford University and bi-monthly leadership forums · Includes follow-up assessment to determine content actually learned and special project assignments for on-the-job application 6 Leadership Development Initiative Competencies 1. Continuous Improvement - Improving service and delivery, production, quality, and innovation 2. Embraces Change - increasing success and reducing stress in times of change 3, Orientation to the Future - Improving strategic thinking consistent with city/county vision, values and mission 4. Financial and Resource Management - Learning finance concepts, tools, and applications for managem with something other than finance backgrounds 5. Communication and Interpersonal Relations (two competencies) - A licensed program that focuses on conflict management and relationship building 6. Team Leadership- Focusing on basic team dynamics and how communication styles support team leadership and effectiveness 7. Personal Integrity - Teaches importance of making fair decisions based on facts and maintaining confidentiality Leadership Development Initiative Competencies, cont. 8. Personal and Individual Learning Skills - Learn how to coach individuals to achieve personal and professional growth 9. Pen~ormance Management - Defining goals, formulate action plans, and monitor progress; teaches managers to clearly state expectations and to conduct effective needs assessments 10. Employee DevelopmentJCoaching - Changing unacceptable performance to desired performance, while maintaining relahonships 11. Personal Accountability - Managers learn to accept responsibility for their own actions 12. Conflict Resolution - Giving managers tools they need to analyze conflicts and resolve productively 13. Critical Thinking - Evaluating information to arrive at decisions while taking into account impact of action 14. Customer Orientation - Effectively meet expectations of customers 15. Technological Competency - Applying Microsoft Suite software for managerial decision-making and organizational performance 16. Policy and Procedure DevelopmentJlmplementation - Identifying need and understanding the practical aspects of policy development and implementation. A Story of Success Senior LEAD 8 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 August19,2004 File #60-514 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 36807-081604 appropriating and transferring funds from third parties in connection with Dale Avenue and Vernon Street Intersection Improvements, 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, August 16, 2004, and is in full force and effect upon its passage. Mary F. Parker, CMC City Clerk MFP:ew Attach ment Jesse A. Hall August 19, 2004 Page 2 pc: Darlene L. Burcham, City Manager Robert K. Bengtson, Director, Public Works Kenneth H. King, Jr., Manager of Transportation Division Sherman M. Stovall, Director, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of August, 2004. No. 36807-081604. ,AN ORDINANCE to appropriate funding from 'third parties for the Dale Avenue and Vernon Street Intersection Improvements 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 1999 Bond Funds Appropriated from 1999 Bond Funds Revenues Traffic Signal Contribution-Hooker Furniture Traffic Signal Contribution-Parts Depot 008-530-9827-9003 $ 80,000 008-530-9827-9001 13,000 008-530-9812-9001 (13,000) 008-530-9826-9807 008-530-9826-9808 30,000 50,000 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, $.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com August]6,2004 Honorable C. Nelson Harris, Mayor Honorable, Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable Dr. M. Rupert Cutler, Council Member Honorable Honorable Honorable Honorable 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: Dale Avenue and Vernon Street Intersection Improvements Background: The City intends to make improvements at the intersection of Dale Avenue and Vernon Street to address traffic concerns at this location. Businesses, whose employees stand to benefit from a new traffic signal, have contributed funds toward the construction cost of this project. Parts Depot and its landlord have jointly contributed $50,000, and Hooker Furniture has contributed $30,000. These funds have been recorded as revenues in the Capital ProJects Fund. The City is preparing to let a contract to have the signal installed, and these funds will be needed to accomplish this work. Additional funds already in the Capital Projects Fund budget will be added to this amount to fulfill the total project cost of approximately $93,000. Recommended Action: City Council appropriate funding of $80,000 in an account to be established by the Director of Finance in the Capital Projects Fund entitled "Dale Avenue and Vernon Street Intersection Improvements". Establish revenue estimates for the amounts received from third parties as Mayor Harris and Members of City Council August 16, 2004 Page 2 described above. Transfer funding of $13,000 from the existing account, Traffic Signals (008-530-9812-9001 ) to the new account. Respectfully submitted, Darlene L. Burc~ham City Manager DLB/MDJ/gpe C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Robert K. Bengtson, P.E., Director of Public Works Kenneth H. King, Jr., P.E., Transportation Division Manager Sherman M. Stovall, Director of Management and Budget CM04-00142 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk August 19, 2004 File #178-200-236 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36808-081604 authorizing the appropriate City officials to execute Amendment No. 2 to the Agreement dated July 1, 2002, with the Roanoke Redevelopment and Housing Authority to conduct housing activities using Community Development Block Grant and HOME Investment Partnerships Program funds, upon certain terms and conditions, as more particularly set forth in a letter from the City Manager to Council dated August 16, 2004. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 16, 2004, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment Darlene L. Burcham August 19, 2004 Page 2 pc: John P. Baker, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N.W.,Roanoke, Virginia 24017 Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget Frank E. Baratta, Budget Team Leader IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, 5'he 16th day of A~gust, 2004. ~o. 36808-081604. "A RESOLUTION authorizing the appropriate City officials to execute Amendment No. 2 to the Agreement dated July 1, 2002, with the Roanoke Redevelopment and Housing Authority to conduct housing activities using Community Development Block Grant and HOME Investment Partnerships Program fimds, upon certain terms and conditions. WHEREAS, Resolution No. 36096, adopted October 15, 2002, authorized the appropriate City officials to enter into the 2002-2003 Agreement with the Roanoke Redevelopment and Housing Authority ("RRHA") to conduct housing activities using Community Development Block Grant and HOME Investment Partnerships Program funds; WHEREAS, by Resolution No. 26419-070703, adopted July 7, 2003, City Council authorized the appropriate City officials to execute an amendment to the 2002-2003 Agreement with the RRHA which extended the time of performance, increased the funding, and revised goal and other technical provisions; WHEREAS, in order for the RRHA to conduct the housing activities approved in the Consolidated Plan, City Council action is needed; and WHEREAS, because this project is ongoing, it is more efficient financially and programmatically to increase the funding under the existing agreement than to create a new agreement. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or Assistant City Manager, and the City Clerk, are hereby authorized to execute and attest, respectively, on behalf of the City, Amendment No. 2 to the Agreement dated July 1, 2002, with RRHA, approved as to form .by the City Attorney, as more particularly set forth in the City Manager's letter dated August 16, 2004, to this Council. 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 August 16, 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: Amendment of 2002-2003 CDBG and HOME Agreement with Roanoke Redevelopment and Housing Authority (RRHA) Background: Under an agreement effective July 1, 2002, the RRHA has been one of two lead housing agencies for the $outheastByOe$i~Tn project. The RRHA is continuing to conduct homeowner rehabilitation activities under this agreement, which is scheduled to end on December 31, 2004. The 2004-2005 Consolidated Plan Annual Update approved by City Council on May 13, 2004, set aside up to $260,000 in Community Development Block Grant (CDBG) funds to assist the RRHA and Blue Ridge Housing Development Corporation (BRHDC), the other lead housing agency, with their project-related overhead costs for the period from July 1 through December 31,2004. City Council appropriated the necessary funding on June 21,2004, under Ordinance No. 36719-062104. Of the funds set aside, the RRHA has requested $69,236 for its estimated overhead costs for the six- month period. Considerations: Section 2-124 of the City Code (1979, as amended) authorizes the City Manager to The Honorable Mayor and Members of Council August 16, 2004 Page 2 directly execute amendments of up to $25,000 to federally assisted subgrant agreements. Therefore, in order for the RRHA to access the additional funding for overhead costs, approval is needed from City Council to amend the current agreement. Currently, the RRHA agreement includes a total of $1,471,162 in CDBG and HOME Investment Partnership Program (HOME) funds for its Southeast project activities. When amended, CDBG and HOME funding will total $1,540,398. City Council is receiving a separate report addressing the project-related overhead costs for BRHDC for the six-month period. Taking BRHDC's estimated overhead request into account, it is expected that a balance of about $78,000 will remain of the $260,000 set aside. This balance may be required for overhead costs related to RRHA and BRHDC housing activities to be undertaken in Gainsboro, the next neighborhood in which these agencies' efforts will be concentrated. Any balance remaining thereafter will become available for other eligible uses. Recommended Action: Authorize the City Manager to execute Amendment No. 2 to the 2002-2003 CDBG/HOME Agreement with the RRHA, similar in form and content to the draft attached to this report, and approved as to form by the City Attorney. Respectfully submitted, Darlene k. 8~ City Manager Attach ments C; Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Halls Director of Finance Frank E. Baratta, Budget Team Leader CM04-00139 Attachment 1 AMENDMENT No. 2 This Amendment No. 2 is made and entered into this first day of July 2004, by and between the City of Roanoke, Virginia, ("Grantee") and the City of Roanoke Redevelopment and Housing Authority ("Subgrantee"). WITNESSETH: WHEREAS, by Resolution No. 36096-101502, Roanoke City Council approved the execution ofa subgrant agreement between the Grantee and the Subgrantee ("Agreement"); and WHEREAS, by Resolution No. 36419-070703, Roanoke City Council approved the execution of Amendment No. 1 to the Agreement, which extended the time of performance, increased the funding, and revised goal and other technical provisions; and; WHEREAS, by Resolution No. 36695-051304, City Council approved the submission of the City's 2004- 2005 Consolidated Plan Annual Update to the U.S. Department of Housing and Urban Development ("HUD"), including additional overhead funding for the Subgrantee's Southeast... By Design activities; and WHEREAS, by Resolution No. 36720-062104 and by Ordinance No. 36719-062104, the Roanoke City Council accepted and appropriated the 2004/2005 Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) funds; and WHEREAS, by Resolution No. Amendment No. 2 to the Agreement; , Roanoke City Council approved the execution of NOW, THEREFORE, the parties hereto mutually agree to this Amendment No. 2, which increases the funding provided to the Agreement, as follows: CDBG and HOME funding made available by the Grantee under the Agreement shall be increased by $69,236 to a total of $2,148,898, in accordance with the revised Attachment A, "Financial Accounts," included with this Amendment No. 2. The Agreement, dated July 1, 2002, and Amendment No. 1, dated July 1, 2003, shall remain unchanged in all other terms and provisions. Page 1 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 as of the day and year hereinabove written: ATTEST: FOR THE GRANTEE: By By Mary F. Parker, City Clerk Darlene L. Burcham, City Manager ATTEST: FOR THE SUBGRANTEE: By By Secretary of the Board John P. Baker, Executive Director APPROVED AS TO CDBG/HOME ELIGIBILITY APPROVED AS TO FORM Department of Management and Budget Assistant City Attorney APPROVED AS TO EXECUTION APPROPRIATION AND FUNDS REQUIRED FOR THIS CONTRACT CERTIFIED Assistant City Attorney Director of Finance Date Account # (See Attachment A) Page 2 of 3 Attachment A RRHA CDBG and HOME Agreement Financial Accounts - July I, 2002, to December 31, 2004 CDBG CDBG CDBG HOME HOME Account # Description Project Support Admin Project Admin Total 035-G03~)320-5003 CARE/Quick Response 125,342 125,342 035-G03~320-5374 CARE/Quick R~sponse 35,000 35,000 035-G03-0320-5375 CARE/Quick Response 8,500 8.500 035-G04-042~-5003 CAREdQuick Response 125,0~) 125,0~0 035-G04-0420-5374 CARE/Quick Response 45,784 45.784 035-G04-0420-5375 CARE/Quick Response 7,500 7,500 Subtotal 250,342 80.784 16,000 347,126 035-G03~320-5369 Southeast Pilot Proj~:ct 292,616 292,616 035-G03-0320-5376 Southeost Pilm Project 88,186 88,186 035-G03-0320-5377 Southeast Pilot Project-HOME 45,000 45,000 035-G03-0320-5378 Southeast Pilot Project 21.500 21,500 035-090-5310-5379 Southeast Pilot Project 180,018 180,018 035-090-5310-5380 Southeast Pilot Project 5.000 5,0~0 035-G04-4)420-5369 Southeast Pilot Project 46,404 46,404 035-G04-~420-5376 Southeast Pilot Project 200,000 200,000 035-G04-0420-5378 Southeast Pilot Project 15,312 15,312 035-090-5311-5379 Southeast Pilot Project 210,000 035-090-5311-5380 Southeast Pilot Project 20.~00 20,000 035-G05-0520-5376 Southeast Pilot Project 53,297 53,297 035-G05-0520-5378 Southeast Pilot Project 15,939 15,939 Subtotal 339,020 386,483 52,751 390.018 25,000 1,193.272 0354)90-5306-5283 Washington Park Hoosing 920 i 920 035-090-5308-5283 Washington Park Housing ~00.275 100,275 035-090-5309-5283 Washington Park Housing 162,692 162,692 035-090-5309.5381 Washington Park Housing 25.000 25,000 035-09~-5322-$283 Wmhington Park Homing 94,161 94,161 035-090-5323-5283 Washington Park Housin8 25,452 25,452 035-090-5311-5283 Washington Park Housing 180,000 180,000 035-09(}-5311-5381 Washington Park Housing 20,000 20,000 Subtotal 0 0 0 563,500 45,000 608,500 TOTAL CDBG/HOME $~9~362 $467,267 $68,751 $9~,~18 $70,000 $l,148,898 Note: Accounts reflect budgeted amounts for the entire contract period. Actual funds available for disbursement on July 1, 2004, will be the budgeted amounts less disbursements made by the Grantee through June 30, 2004. Funds available on July 1, 2004, for commi~nent to units will be the project funds available for disbursement less any funds committed but not disbursed by the Grantee through June 30,2004. Page 3 of 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 August 19, 2004 File #178-200-236 ' Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36809-081604 authorizing the appropriate City officials to enter into Amendment No. 2 to the 2002-2003 Community Development Block Grant Program/HOME Agreement with the Blue Ridge Housing Development Corporation to provide for increased funding for project-related overhead costs for the period from July 1 through December 31, 2004, upon certain terms and conditions, and for purposes as more particularly set forth in aletter from the City Manager to Council dated August 16, 2004. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 16, 2004, and is in full force and effect upon its passage. ~.~ ~. ~Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Darlene L. Burcham A~lgust :~9, 2004 Page 2 pc: Alvin L. Nash, President, Blue Ridge Housing Development Corporation, P. O. Box ]~1683, Roanoke, Virginia 24022 Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget Frank E. Baratta, Budget Team Leader A 1N THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 16th day of August, 2004. No. 36809-081604. A RESOLUTION authorizing the appropriate City officials to enter into Amendment No. 2 to the 2002-2003 Community Development Block Grant Program/HOME Agreement with the Blue Ridge Housing Development Corporation to provide for increased funding for project-related overhead costs for the period from July 1 through December 31, 2004, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or Assistant City Manager, and the City Clerk, are hereby authorized to execute and attest, respectively, on behalf of the City, Amendment No. 2 to the 2002-2003 Community Development Block Grant/HOME Agreement with Blue Ridge Housing Development Corporation, to provide for increased funding for project-related overhead costs for the period from July 1 through December 31, 2004, approved as to form by the City Attorney, within the limits of funds and for the purposes as are more particularly set forth in the City Manager's letter dated August 16, 2004, to this Council. 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 August 16, 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: Amendment of 2002-2003 CDBG and HOME Agreement with the Blue Ridge Housing Development Corporation (BRHDC) Background: Under an agreement effective July 1,2002, BRHDC has been one of two lead housing agencies for the $outheastByDo$/gn project. BRHDC is continuing to conduct homeownership activities under this agreement, which is scheduled to end on December 31,2004. The 2004-2005 Consolidated Plan Annual Update approved by City Council on May 13, 2004, set aside up to $260,000 in Community Development Block Grant (CDBG) funds to assist BRHDC and the Roanoke Redevelopment and Housing Authority (RRHA), the other lead housing agency, with their project-related overhead costs for the period from July 1 through December 31,2004. City Council appropriated the necessary funding on June 21, 2004, under Ordinance No. 36719-062104. Of the funds set aside, BRHDC has requested $112,722 for its estimated overhead costs for the six-month period. Considerations: Section 2-124 of the City Code (1979, as amended) authorizes the City Manager to directly execute amendments of up to $25,000 to federally The Honorable Mayor and Members of Council August 16, 2004 Page 2 assisted subgrant agreements. Therefore, in order for BRHDC to access the additional funding for overhead costs, approval is needed from City Council to amend the current agreement. Currently, the BRHDC agreement includes a total of $1,300,697 in CDBG and HOME Investment Partnership Program (HOME) funds for its Southeast project activities. When amended, CDBG and HOME funding will total $1,413,419. City Council is receiving a separate report addressing the project-related overhead costs for the RRHA for the six-month period. Taking the RRHA's estimated overhead request into account, it is expected that a balance of about $78,000 will remain of the $260,000 set aside. This balance may be required for overhead costs related to RRHA and BRHDC housing activities to be undertaken in Gainsboro, the next neighborhood in which these agencies' efforts will be concentrated. Any balance remaining thereafter will become available for other eligible uses. Recommended Action: Authorize the City Manager to execute Amendment No. 2 to the 2002-2003 CDBG/HOME Agreement with the BRHDC, similar in form and content to the draft attached to this report, and approved as to form by the City Attorney. Respectfully submitted, City Manager Attachments Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Frank E. Baratta, Budget Team Leader CM04-00140 Attachment 1 AMENDMENT No. 2 This Amendment No. 2 is made and entered into this first day of July 2004, by and between the City of Roanoke, Virginia, ("Grantee") and Blue Ridge Housing Development Corporation, Inc. ("Subgrantee"). WITNESSETH: WHEREAS, by Resolution No. 36095-101502, Roanoke City Council approved the execution ofa subgrant agreement between the Grantee and the Subgrantee ("Agreement"); and WHEREAS, by Resolution No. 36420-070703, Roanoke City Council approved the execution of Amendment No. 1 to the Agreement, which extended the time of performance, increased the funding, and revised goal and other technical provisions; and; WHEREAS, by Resolution No. 36695-051304, City Council approved the submission of the City's 2004- 2005 Consolidated Plan Annual Update to the U.S. Department of Housing and Urban Development ("HUD"), including additional overhead funding for the Subgrantee's Southeast... By Design activities; and WHEREAS, by Resolution No. 36720-062104 and by Ordinance No. 36719-062104, the Roanoke City Council accepted and appropriated the 2004/2005 Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) funds; and WHEREAS, by Resolution No. Amendment No. 2 to the Agreement; ___, Roanoke City Council approved the execution of NOW, THEREFORE, the parties hereto mutually agree to this Amendment No. 2, which increases the funding provided to the Agreement, as follows: CDBG and HOME funding made available by the Grantee under the Agreement shall be increased by $112,722 to a total of $1,413,419, in accordance with the revised Attachment A, "Financial Accounts," included with this Amendment No. 2. The Agreement, dated July 1, 2002, and Amendment No. 1, dated July I, 2003, shall remain unchanged in all other terms and provisions. Page 1 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 as of the day and year hereinabove written: ATTEST: FOR THE GRANTEE: By By Mary F. Parker, City Clerk Darlene L. Burcham, City Manager ATTEST: FOR THE SUBGRANTEE: By By Cyndi Stultz, Secretary Alvin Nash, Executive Director APPROVED AS TO CDBG/HOME ELIGIBILITY APPROVED AS TO FORM Department of Management and Budget Assistant City Attorney APPROVED AS TO EXECUTION APPROPRIATION AND FUNDS REQUIRED FOR THIS CONTRACT CERTIFIED Assistant City Attorney Director of Finance Date Account St (See Attachment A) Page 2 of 3 Attachment A 2002/2003 BRHDC CDBG and HOME Agreement Financial Accounts - July 1, 2002, to December 31, 2004 CHDO CHDO Account # Description Project Support Admin Project Oprtg Total CDBG Funds: 035-G03-032005367 SPARC Downpayment/CIosing Coats $ 50,000 $ 0 $ 0 NA NA $50,000 035-G03-0320-5354 Connect Four, Phase I1 $ 28,996 $ 0 $ 0 NA NA $28,996 035-G03-0320-5382 Connect Four, Phase Il - Support $ 0 $ 3,625 $ 0 NA /qA $3,625 035-G03-032005383 Connect Four, Phase Il - Admin $ 0 $ 0 $ 3,625 NA NA $3,625 035-G04-O420-5354 Connect Four, Phase Il $ 117,996 $ 0 $ 0 NA NA $119.796 035-G04-042005382 Connect Four, Phas~ II - Support $ 0 $ 23,000 $ 0 NA NA $23,000 035-G04-042005383 Connect Four, Phase Il - Admin $ 0 $ 0 $ 31,653 NA NA $31,653 035-G05-052005382 Connect Four, Phase Il - Support $ 0 $90,178 $ 0 NA NA $90,178 035-G05-0520-5383 Connect Four, Phase Il - Admin $ 0 $ 0 $ 22,544 NA NA $22,544 Total CDBG Funds $198,792 $116,803 $ 57,822 NA NA $373,417 HOME and HOMYdCHDQ Funds: 035-09005309-5386 Connect Four, Phase Il $5,895 NA $ 0 NA NA $5,895 035-09005310o5384 Connect Four, Phase Il CHDO Proj. NA NA NA $112,650 $ 0 $112,650 035-0900531005385 Connect Four, Phase 11 CHDO Oprtg NA NA NA $ 0 $11,265 $11,265 035q)900531005386 Connect Four, Phase Il $403,240 NA $ 0 NA NA $403,240 035-0900531005387 Connect Four, Phase II - Admin $ 0 NA $48,827 NA NA $48,827 035-090-53 l 1-5384 Connect Four, Phase Il CHDO Proj. NA NA NA $113,957 $ 0 $113,957 035-090-5311-5385 Connect Four, Phasell CHDOOprtg NA NA NA $ 0 $11,396 $11,396 035-09005311-5386 Connect Four, Phase Il $220,430 NA $ 0 NA NA $220,430 035-090-5311-5387 Connect Four, Phase Il - Admin $ 0 NA $8,933 NA NA $8,933 035-09005323-5388 Connect Four, Phase Il $ 16,570 NA $ 0 NA NA $ t 6,570 035-090-5324-5386 Connect Four, Phase Il $ 25,876 NA $ 0 NA NA $ 25,876 035-090-5324-5389 C~nect Four, Phase Il $ 19,634 NA $ 0 NA NA $ 19,634 035-090-5325-5386 Connect Four, Phase 1[ $ 41,329 NA $ 0 NA NA $ 41,329 Total HOME Funds $ 732,974 NA $ 57,760 $226,607 $22,661 $1,040,002 TOTAL CDBG AND HOME $931,766 $ 116,803 $ 115,882 $226,607 $22,661 $1,413,419 Note: Accounts reflect budgeted amounts for the entire contract period. Actual funds available for disbursement on Jul, 1, 2004, will be the budgeted amounts less disbursements made by the Grantee through June 30, 2004. Funds available on Jub 1, 2004, for comrmtment to units will be the project funds available for disbursement less any funds committed but not disbursed b r the Grantee through June 30,2004. Page 3 of 3 or[ or Office of the C,t¥ Clerk Mary F. Parker, CMC City Clerk August l9,2004 Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk File #200-236 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36810-081604 authorizing the City Manager to enter into a 2004-2005 Community Development Block Grant (CDBG) subgrant Agreement with Business Seed Capital, Inc., upon certain terms and conditions, as more particularly set forth in a letter from the City Manager to Council dated August 16, 2004. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 16, 2004, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment Darlene L. Burcham August 19, 2004 Page 2 pc: Theodore Edlich, III, President, Business Seed Capital, Inc., 210 S. Jefferson Street, Roanoke, Virginia 2401! Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget Vickie S. Tregubov, Budget/Management Analyst IN THECOUNCILOF THE CITY OF ROANOKE, VIRGINIA, The 16th day of August, 2006. No. 36810--081604. ., A RESOLUTION authorizing the City Manager 'to enter into a 2004-2005 Community Development Block Grant (CDBG) subgrant Agreement with Business Seed Capital, Inc., upon certain terms and conditions. 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, on behalf of the City, a 2004-2005 CDBG subgrant Agreement with Business Seed Capital, Inc., upon such terms and conditions as are more particularly set forth in the City Manager's letter dated August 16, 2004, to this Council. 2. The form of such agreement, and any necessary amendments thereto, shall be approved by the City Attorney. City Clerk. CITY OF ROANOKE OFFICE OF THE C1TY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.corn August16,2004 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: 2004-2005 CDBG-funded Agreement with Business Seed Capital Inc. Background: Business Seed Capital Inc. (BSCI) originated in 1994 as the TAP Business Seed Loan Program, and was incorporated as a separate non-profit organization in 2002. Since its origin with TAP ten years ago, BSCI has assisted over 1,200 persons with business development training; over 550 persons with one-on- one counseling; over 50 new businesses with loans totaling $534,400; and over 220 persons with starting or strengthening a business. On May 13, 2004, City Council authorized BSCI's Micro-Loan Program by Resolution No. 36695-051204, which approved the City's 2004-2005 Annual Update to the Consolidated Plan for submission to the U.S. Department of Housing and Urban Development. City Council accepted the 2004-2005 CDBG funds on June 21,2004 by Budget Ordinance No. 36719-062104 and Resolution No. 36720-062104, pending receipt of the approval letter from HUD. The letter will be issued when Congress completes its routine release process, which is now underway. Consideration: In order that BSCI may conduct its approved 2004-2005 Micro-Loan Program, City Council's authorization is needed to execute a subgrant agreement. Necessary CDBG funding is available in the account listed in the draft Agreement included with this report. Atotal of $100,000 is being provided Honorable Mayor and Members of Council August 16, 2004 Page 2 to BSCI to offer micro-loans to entrepreneurs for economic development. It is anticipated that at least 30 jobs will be created and/or retained, of which at least 51% (16) will be held by or made available to Iow- to moderate-income persons. Recommendation: Authorize the City Manager to execute the 2004-2005 CDBG subgrant Agreement with BSCI, similar in form and content to the draft agreement attached to this report, and approved as to form by the City Attorney. Respectfully submitted, City Manager DLB:vst C: William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Mary F. Parker, City Clerk Vickie S. Tregubov, Budget/Management Analyst CM04-00138 AGREEMENT THIS AGREEMENT is made and entered into this between the following parties: day of August, 2004, by and The Grantee City of Roanoke, Virginia 215 Church Avenue, S.W. Roanoke, Virginia 24011 and the Subgrantee Business Seed Capital, Inc. (BSCI) 210 S. Jefferson Street Roanoke, Virginia 24011 WHEREAS, the Roanoke City Council approved by Resolution No. 36720-062104, the 2004-2005 Community Development Block Grant (CDBG) program and by Ordinance No. 36719-062104 appropriated the funds therefore; and WHEREAS, the Grantee has been authorized by its City Council pursuant to Resolution No. 36695-051304, adopted May 13, 2004, to provide One Hundred Thousand and 00/100 Dollars ($100,000.00) in Community Development Block Grant funds toward the BSCI Micro-loan Fund as part of its Community Development Block Grant program. NOW, THEREFORE, the parties hereto mutually agree as follows: 1. SCOPE OF SERVICES: The BSCI is a small business development organization that offers small business development services such as training and technical assistance, as well as offering micro-loans to entrepreneurs who are Iow-income orwho agree to hire Iow-income persons in their business. The primary long-term benefit of this program is to provide a pool of capital to help eliminate the existing financing gap for small and minority businesses by using the CDBG funds as match to leverage additional capital from the SBA. With the initial funds provided, loans will be made to approximately 3 qualifying businesses at the current interest rate as determined by BSCI. Qualifying businesses must meet CDBG requirements which specify that a minimum of 51 percent of the jobs being created or retained as a result of such financing be filled by Iow- and moderate income persons. It is anticipated that as a result of this program, at least 30 jobs will be created and/or retained, of which at least 51% (16) will be held by or made available to Iow- to moderate-income persons. This total includes job creation activities from the loans that will be made. As the BSCI and local match funds are repaid, the CDBG share of the loan payment and the interest generated becomes CDBG program income. This program income then becomes a grant to the BSCI to be used to make secondary loans to BSCI Agreement Page 2 o o qualifying businesses. The Grantee will have the right of approval on a loan-by-loan basis for all original and the secondary loans that include Grantee's CDBG funds. TIME OF PERFORMANCE: This agreement shall be for the period beginning July 1,2004 until the date that the Subgrantee documents to the Grantee that they have expended all initial and secondary funds and have met the job creation requirements of this Agreement for each business assisted with CDBG funds by the BSCE This includes both the businesses that receive the initial loans and the businesses that receive the secondary loans. BUDGET: The total budget amount for this project will be $362,111, of which an initial award of $100,000 in CDBG funds will be provided as local share for loans to entrepreneurs. Matching funds in the amount of $262,! 11 may be provided by sources such as: Virginia Enterprise Initiative SBA Technical Assistance and Training TAP SBA Intermediary Lender Local Banks All funding to be provided under this Agreement is contingent upon necessary appropriations by Congress and from the U.S. Department of Housing and Urban Development (HUD). PAYMENT SCHEDULE AND PROCEDURES: All loan applications which propose to use CDBG funds (original funds and grant funds) shall be approved and certified for payment by the Subgrantee's loan review committee, which includes a representative from the Grantee's the Department of Economic Development. Requests for payment will be submitted to the Department of Management and Budget, accompanied by an approved loan application, for initial review and approval. If approved, payment will be made to the Subgrantee within ten (10) days from date of receipt. BSCI Agreement Page 3 SECTION 504: The Subgrantee agrees to comply with the Section 504 of the Rehabilitation Act of 1973, as amended which prohibits discrimination against the disabled in any federal assisted program. INDEMNIFICATION: Subgrantee agrees and binds itself and its successors and assigns to indemnify, keep hold the City and its officers, employees, agents, volunteers and representatives free and harmless from any liability on account of any injury or damage of any type to any person or property growing out of or directly or indirectly resulting from any act or omission of Subgrantee including: (a) Subgrantee's use of the streets or sidewalks of the City or other public property; (b) the performance under this Agreement; (c) the exercise of any right or privilege granted by or under this Agreement; or (d) the failure, refusal or neglect of Subgrantee to perform any duty imposed upon or assumed by Subgrantee by or under this Agreement. In the event that any suit or proceeding shall be brought against the City or any of its officers, employees, agents, volunteers or representatives at law or in equity, either independently orjointlywith Subgrantee on account thereof, Subgrantee upon notice given to it by the City or any of its officers, employees, agents, volunteers or representatives, will pay all costs of defending the City or any of its officers, employees, agents, volunteers or representatives in any such action or other proceeding. In the event of any settlement or any final judgment being awarded against the City or any or its officers, employees, agents, volunteers or representatives, either independently or jointly with Subgrantee then Subgrantee will pay such settlement orjudgment in full or will comply with such decree, pay all costs and expenses of whatsoever nature and hold the City or any of its officers, employees, agents, volunteers or representatives harmless therefrom. Notwithstanding the foregoing, this indemnification provision shall not apply to any liability arising out of the negligence of the City of its officers, employees, agents, volunteers and representatives. COMPLIANCE WITH FEDERAL REGULATIONS: The Subgrantee agrees to abide by the HUD conditions for CDBG programs as set forth in Attachment A and all other applicable federal regulations relating to specific programs performed hereunder. Further, the Subgrantee agrees to require that businesses who receive loans are in compliance with applicable federal regulations of the business by agreement. UNIFORM ADMINISTRATIVE REQUIREMENTS: The Subgrantee shall comply with the requirements and standards of OMB Circular A-110, "Uniform Administrative Requirements... "; and with OMB Circular No. A- BSCI Agreement Page 4 122, "Cost Principles for Non -Profit Organizations". PROGRAM INCOME: "Program income" means gross income received by the Grantee or Subgrantee directly generated from the use of CDBG funds. The program income derived from the principal and interest paid by the business owners shall be submitted to the Grantee on a monthly basis. Once these funds are reported to and approved by the Grantee's Department of Management and Budget, the program income becomes a grant to the Subgrantee. Once the program income becomes a grant, these grant funds will be used for secondary loans. 1 0. RECORDS AND REPORTS: The Subgrantee shall maintain full and accurate records with respect to all matters covered under this Agreement. All records pertaining to this Agreement and the services performed pursuant to it shall be retained for a period of four (4) years after the expiration date of this Agreement or its Amendments. Appropriate City and/or HUD personnel shall have free access to those records during the agreement duration and the following four-year time period. The Subgrantee shall submit monthly reports by the 15th of the following month. Monthly reports shall include the CDBG report (Attachment B) and as appropriate, a completed Creation/Retention of Jobs report (Attachment C). The Subgrantee shall continue to submit monthly reports by the 15'h of the following month until the 51%job creation and/or retention goals are met for both the businesses that receive the initial loans and the businesses that receive the secondary loans. Additionally, Iow and moderate income job creation/retention documentation for each business assisted shall be provided to the Grantee as indicated on Attachment D for each loan made. The Subgrantee agrees to submit any other reports as requested by the Grantee, including racial, ethnic and other demographic characteristics of individuals assisted by the Subgrantee, input of which the Integrated Disbursement and Information System (IDIS) is required by HUD. I 1. ANNUAL AUDITS: As an entity receiving less than $300,000 in federal funding from the Grantee, the Subgrantee shall not be required by the Grantee to undergo an annual independent audit of the CDBG expenditures under this Agreement. Furthermore, no expenditures with respect to any such audit undertaken by the Subgrantee's own initiative shall be chargeable to the funds under this Agreement. BSCI Agreement Page 5 12. FAITH-BASED ORGANIZATIONS: Pursuant to ~2.2-4~43.1 of the Code of Virginia (1950), as amended, the City of Roanoke does not discriminate against faith-based oraanizations. 13. EMPLOYMENT DISCRIMINATION PROHIBITED: Pursuant to §23.1-20 of the Code of the City of Roanoke (1979), as amended, this Agreement being valued at over ten thousand dollars ($10,000.00), the Subgrantee shall be subject to the following: (]) During the performance of this Agreement, the Subgrantee agrees as follows: The Subgrantee will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Subgrantee. The Subgrantee agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. bo The Subgrantee, in all solicitations or advertisements for employees placed by or on behalf of the Subgrantee, will state that such Subgrantee is an equal opportunity employer. Notices, advertisement and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. (2) The Subgrantee will include the provisions of the foregoing subparagraphs (1)(a), (b) and (c) in every subagreement, subcontract or purchase order of over ten thousand dollars ($10,000), so that the provisions will be binding upon each Subgrantee, subcontractor or vendor. 14. DRUG-FREE WORKPLACE TO BE MAINTAINED: Pursuant to §23.1-20.1 of the Code of the City of Roanoke (1979), as amended, this Agreement being valued at over ten thousand dollars ($10,000.00), the Subgrantee shall be subject to the following: 1. During the performance of this Agreement, the Subgrantee agrees to: a. Provide a drug-free workplace for the Subgrantee's employees; BSCI Agreement Page 6 Post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Subgrantee's workplace and specifying the actions that will be taken against employees for violations of such prohibition; State in all solicitations or advertisements for employees place by or on behalf of the Subgrantee that the Subgrantee maintains a drug-free workplace; and Include the provisions of the foregoing clauses in every subagreement, subcontract or purchase order of over ten thousand dollars ($ i 0,000.00), so that the provisions will be binding upon each subgrantee, subcontractor or vendor. For the purposes of this section, "drug-free workplace" means a site for the performance of work done in connections with a specific Agreement, subagreement or contract awarded to the Subgrantee in accordance with this chapter, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the Agreement, subagreement or contract. 15. CONFLICT OF INTEREST: No employee, agent, consultant, officer or appointed official of the Subgrantee, who is in a position to participate in a decision-making process or gain inside information with regard to any CDBG activity, may obtain a personal or financial interest in any contract, subcontract or agreement with respect thereto, or in the proceeds thereunder, either for themselves, their family, or business associates, during their tenure or for one (1) year thereafter. 16. SUSPENSION AND TERMINATION: Suspension or termination may occur if the Subgrantee materially fails to comply with any term of this award, and the award may be terminated for convenience by the Grantee or Subgrantee, setting forth the reasons for such termination, the effective date, and in case of partial termination, the portion to be terminated. 17. NOTICE: Any notice, request, or demand given or required to be given under this Agreement shall, except as otherwise expressly provided herein, be in writing and shall be deemed duly given only if delivered personally or sent by certified mail, BSCl Agreement Page 7 return receipt requested to the addresses stated below. To the Grantee: City Manager Room 364, Noel C. Taylor Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011 A copy of all such notices shall be provided to the Grantee's Project Manager: Vickie S. Tregubov, Budget/Management Analyst, City of Roanoke, Room 354, Noel C. Taylor Municipal Building, 215 Church Avenue, SW, Roanoke, Virginia 24011 To the Subgrantee: Theodore Edlich, III President Total Action Against Poverty in Roanoke Valley P.O. Box 2868 Roanoke, Virginia 24001-2868 Notice shall be deemed to have been given, if delivered personally, upon delivery, and if mailed, upon the third business day after the mailing thereof. 1 8. REVERSION OF ASSETS: Should this Agreement, or amendments thereto, be terminated or suspended, 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. 1 9. THIRD-PARTY CONTRACTS: The Grantee shall not be obligated or liable hereunder to any party other than the Subgrantee. 20. ANTI-LQBBYING: To the best of the Subgrantee's knowledge and belief, no federal appropriated funds have been paid or will be paid, by or on behalf of it, to any persons for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an office or employee of Congress, or an employee of a Member of congress in connections with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative BSCI Agreement Page 8 agreement. If any funds other than Federal funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this agreement, the Subgrantee will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying, "in accordance with its instructions. 21. ENTIRE AGREEMENT: This Agreement, including all of its Exhibits, represents the entire agreement between the parties and this Agreement shall not be modified, amended, altered or changed, except by written agreement executed by the parties. 22. GOVERNING LAW: This Agreement shall be governed by laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year hereinabove written: ATTEST: CITY OF ROANOKE By: .......................... Mary F. Parker, City Clerk Darlene L. Burcham, City Manager Aq-~EST: SUBGRANTEE Secretary of the Board Theodore Edlich, III, President, Business Seed Capital, Inc. APPROVED AS TO CDBG ELIGIBILITY APPROVED AS TO FORM Department of Management and Budget Assistant City Attorney APPROV£D AS TO EX£CUTION Assistant City Attorney BSCI Agreement Page 9 APPROPRIATION AND FUNDS REQUIRED FOR THIS CONTRACT CERTIFIED Director of Finance Date ........................ Account # O35-G05-0530- 5437 $1 OO,OOO Attachment A U.S. DEPARTMENT OF HOUSiNG AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SPECIAL TERMS AND CONDITIONS "Section 3" Compliance in the Provision of Training~ Employment and Business Opportunities: The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. Bo The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. The contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successor and assigns. Failure to fulfill these requirements shall subject the applicant or Attachment A recipient, its contractors and subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. Equal Employment Opportuni~: Contracts subiect to Executive Order 11246, as mended: Such contracts shall be subject to HUD Equal Employment Opportunity regulations at 24 CFR Part 130 applicable to HUD-assisted construction contracts. The Contractor shall cause or require to be inserted in full in any non-exempt contract and subcontract for construction work, or modification thereof as defined in said regulations, which is paid for in whole or in part with assistance provided under this Agreement, the following equal opportunity clause: "During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representatives of the contractor's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. c:~attachmt.agr. 2 Attachment A In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in part, and the contractor may be declared ineligible for further Govermnent contracts or Federally-assisted construction contract procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. The contractor will include the portion of the sentence immediately preceding paragraph (A) and the provisions of paragraphs (A) through (G) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secreta~ of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of such direction by the Department, the contractor may request the United States to enter into such litigation to protect the interest of the United States." The Contractor further agrees that it will be bound by the above equal oppommity clause with respect to its own employment practices when it participates in Federally-assisted construction work; provided, that if the Contractor so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The Contractor agrees that it will assist and cooperate actively with the Department and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations and relevant orders of the Secretary of Labor; that it will furnish the Department and the Secretary of Labor such compliance; and that it will otherwise assist the Department in the discharge of its primary responsibility for securing compliance. The Contractor further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for Government contracts and Federally-assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the Department or the Secretary of Labor pursuant to Part II, Subpart D, of the Executive Order. In addition, the Contractor agrees that if it fails or refuses to comply with these undertakings, the Department may take any or all of the following actions: cancel, terminate or suspend in whole or in part the grant or loan guarantee; refrain from extending any further assistance to the Contractor under the Program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such Contractor; and refer the cause to the Department of Justice for appropriate legal proceedings. c:~attachmt.agr. 3 Attachment A Nondiscrimination Under Title VI of the Civil Rights Act of 1964: This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and HUD regulations with respect thereto, including the regulations under 24 CFR Part 1. In the sale, lease or other t~'ans fer of land acquired, cleared or improved with assistance provided under this Agreement, the Contractor shall cause or require a covenant running with the land to be inse~ed in the deed or lease for such transfer, prohibiting discrimination upon the basis or race, color, religion, sex or national origin, in the sale, lease or rental, or in the use of occupancy of such land or any improvements erected or to be erected thereon, and providing that the Contractor and the United States are beneficiaries of and entitled to enforce such covenant. The Contractor, in undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. Obligations of Contractor with Respect to Certain Third-party Relationships: The Contractor shall remain fully obligated under the provisions of the Agreement, notwithstanding its designation of any third party or parties for the undertaking of all or any part of the program with respect to which assistance is being provided under this Agreement to the Contractor. Any Contractor which is not the Applicant shall comply with all lawful requirements of the Applicant necessary to insure that the program, with respect to which assistance is being provided under this Agreement to the Contractor is carried out in accordance with the Applicant's Assurances and certifications, including those with respect to the assumption of environmental responsibilities of the Applicant under Section 104(h) of the Housing and Community Development Act of 1974. Interest of Certain Federal Officials: No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise bom the same. Interest of Members~ Officers or Employees of Contractor~ Members of Local Government Body, or Other Public Officials: No member, officer or employee of the Contractor, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure, or for one (1) year therea~er, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Agreement. The Contractor shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this section. Prohibition Aeainst Payments of Bonus or Commission: The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining HUD approval of the application for such assistance, or HUD approval or applications for additional assistance, or any other approval or concurrence of HUD required under this Agreement, Title I of the Housing and Community Development Act of 1974, or HUD c:~aaachmt.agr. 4 Attachment A regulations with respect thereto; provided, however, that reasonable fees or bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs. "Section 109": This Agreement is subject to the requirements of Section 109 of the Housing and Community Development Act of 1974, 42 U.S.C. 3535(d). No person in the United States shall on the ground of race, color, religion, sex or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds available under this title. Access to Records and Site of Employment: This Agreement is subject to the requirements of Executive Order 11246, Executive Order 1375, Civil Rights Act of 1964, as amended. Access shall be permitted during normal business hours to the premises for the purpose of conducting on-site compliance reviews and inspecting and copying such books, records, accounts, and other material as may be relevant to the matter under investigation and pertinent to compliance with the Order, and the rules and regulations promulgated pursuant thereto by the Contractor. Information obtained in this manner shall be used only in connection with the administration of thc Order, the administration of the Civil Rights Act of 1964 (as amended) and in furtherance of thc purpose of the Order and that Act. 10. Records: All records pertaining to this Agreement and the services performed pursuant to it, shall be retained for a period of four (4) years after the expiration date of the Agreement. Appropriate City and/or HUD personnel shall have free access to those records during the Agreement duration and the following three-year time period. 11. Terminafion for Convenience or for Cause: ThisAgreementmaybeterminatedbyeitherthe City or the Contractor in the event of a substantial failure to perform by either party. In the event of such termination, the Contractor shall be entitled to collect all sums for services performed as of the date of termination. This Agreement may be terminated for convenience in whole or in part by the City with the consent of the Contractor, in which case the two panics shall agree upon the termination conditions, including the effective date and in the case of partial termination, the portion to be terminated. 12. Legal Remedies for Contract Violation: If the Contractor materially falls to comply with any term of this Agreement, whether stated in a Federal statute or regulation, an assurance, in a State plan or application, a notice of award, or elsewhere, the City may take one or more of the following action, as appropriate in the circumstances: 1) Temporarily withhold cash payments pending correction of the deficiency by the Contractor, 2) Disallow all or part of the cost of the activity or action not in compliance, 3) Wholly or partly suspend or terminate the current Agreement, or 4) Take other remedies that may be legally available. 5 Attachment A 13. "Necessary and Appropriate" Determination: This Agreement is subject to the requirements of CFR 570.204(b). The Subgrantee shall conduct an analysis to determine that the amount of any financial assistance to be provided to a private non-profit entity is not excessive, taking into account the actual needs of the business in making the project financially feasible and the extent of public benefit expected to be derived from the economic development project. The Subgrantee shall document the analysis as well as any factors it considered in making its determination that the assistance is necessary or appropriate to carry out the project. 6 PROGRAM PERIOD: BSCI Micro-Loan Fund MONTHLY REPORT Attachment B Number of Loans Made CDBG Original Funds Loaned CDBG Secondary Funds Loaned Total Invested Capital (All Sources ~ Income ~D~ Principal Interest (from loans payable) Interest (from money in bank) TOTAL CDBG Funds Currently Available Projected Number of Jobs Created Actual Jobs Created Actual Low/Mod Jobs Created Projected Number of Jobs Retained Actual Jobs Retained Actual Low/Mod Jobs Retained Signature: Date: 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 August 19, 2004 File #178-200-236 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36811-081604 authorizing the appropriate City officials to execute an amendment to the Consolidated Plan for FY 2004-2005, providing for the use of Community Development Block Grant funds to reimburse Blue Ridge Housing Development Corporation for the cost ofavacant, undeveloped parcel of land which is intended to be used as the site for afuture healthcare center, upon certain terms and conditions, and as recommended in a letter from the City Manager to Council dated August 16, 2004. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 16, 2004, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Darlene L. Burcham August 19, 2004 Page 2 pc: Alvin Nash, President and CEO, Blue Ridge Housing Development Corporation Brenda Allen, Chair Southeast Roanoke Healthcare Commission Jesse A. Hall, Director of Finance Rolanda B. Russell, Assistant City Manager for Community Development Sherman M. Stovall, Director, Office of Management and Budget Frank E. Baratta, Budget Team Leader IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 16th day of August, 2004. No. 36811-081604. ' A RESOLUTION authorizing the appropriate City ~)fficials to execute an amendment to the Consolidated Plan for FY 2004-2005, providing for the use of Community Development Block Grant funds to reimburse Blue Ridge Housing Development Corporation for the cost ora vacant, undeveloped parcel intended to be used as the site for a future healthcare center, upon certain terms and conditions. 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, an amendment to the Consolidated Plan for FY 2004-2005, providing for the use of Community Development Block Grant funds to reimburse Blue Ridge Housing Development Corporation for the cost of a vacant, undeveloped parcel intended to be used as the site for a future healthcare center, and any additional necessary documents related to such an amendment, and to authorize the City Manager to submit any necessary documents for such purpose, as recommended in the City Manager's letter dated August 16, 2004, to this Council. 2. The form of such amendment, and any additional necessary documents to be executed by the City Manager, shall be approved 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. roanokeKov.com August 16, 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: Amendment of Consolidated Plan Background: Convenient access to healthcare services is among the needs that residents of the City's southeast neighborhoods rate most highly. As part of the Southeast... by Des/ga (SEBD) project, Blue Ridge Housing Development Corporation (BRHDC) has been acquiring property for housing purposes. The Southeast Roanoke Healthcare Commission has requested that BRHDC provide one of the vacant, undeveloped parcels that the latter has acquired with private funds for use as the site of a future healthcare center. BRHDC is agreeable to doing so, provided that it may be reimbursed its acquisition, transfer and related costs of about $15,000. The City is agreeable to the costs being reimbursed from federal Community Development Block Grant (CDBG) funds already available in account 035-G04-0420-5354 under the City-BRHDC SEBD contract. However, neither the City's current Consolidated Plan nor the contract make provision for such use of the CDBG funds. Therefore, City Council must approve an amendment to the Consolidated Plan as a prerequisite to amending the City-BRHDC contract to accomplish this purpose. Considerations: The change to the Consolidated Plan constitutes a substantial amendment, which requires a 30-day public comment period. That period began July 15, 2004, and ends at 5:00 p.m. today, August, 16, 2004. No objections have been received to date. The plan amendment will become effective upon expiration of the comment period, should no compelling objections be received. It is expected that BRHDC The Honorable Mayor and Members of Council August 16, 2004 Page 2 will maintain possession of the selected parcel until the Commission is legally constituted to hold title to property or another appropriate entity is identified or mechanism devised. The instrument to be used for the transfer will provide the necessary assurances to the City that the property will be used for the intended purpose within a reasonable period of time, or shall be returned to the City for a housing or other suitable community purpose. Recommendation: Approve amending the City's Consolidated Plan to allow the use of CDBG funds to reimburse BRHDC for the cost of a property intended for a Southeast Healthcare Center, and authorize the City Manager to execute and submit any necessary documents, approved as to form by the City Attorney, to the United States Department of Housing and Urban Development for such purpose. City Manager DLB:fb C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Rolanda B. Russell, Assistant City Manager for Community Development Sherman M. Stovall, Director of Management and Budget Frank E. Baratta, Budget Team Leader Brenda Allen, Chair, Southeast Roanoke Healthcare Commission Alvin Nash, President and CEO, Blue Ridge Housing Development Corp. CM04-00134 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 August l9,2004 File #166-373-467 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 36812-081604 authorizing the City Manager to enter into an agreement with Roanoke City Public Schools for the lease of space in the Church Avenue Parking Garage, located at 107 Church Avenue, S.W., for a term of five years, with one five year renewal option, for operation of the CITY School program, upon certain terms and conditions, and as more particularly set forth in a letter from the City Manager to Council dated August 16, 2004. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 16, 2004, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Da'rlene L. Burcham August 19, 2004 Page 2 pc: Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget Elizabeth A. Neu, Director, Economic Development Cindy H. Lee, Clerk, Roanoke City School Board, P. O. Box 13]~45, Roanoke, Virginia 24031 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of August, 2004. No. 36812-081604. AN ORDINANCE authorizing the City Manager to enter into an agreement with Roanoke City Public Schools for the lease of space in the Church Avenue Parking Garage, located at 107 Church Avenue, for the term of five years, with one five year renewal option, for the operation of the CITY School program, upon certain terms and conditions; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, a lease agreement with the Roanoke City Public Schools, for the lease of space in the Church Avenue Parking Garage, located at 107 Church Avenue, for the term of five years, with one five year renewal option, for the operation of the CITY School program, as more particularly set forth in the City Manager's lett6r to this Council, dated August 16, 2004. 2. ordinance by title is hereby dispensed with. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this 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 August 16, 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: Lease of Office Space in Church Avenue Parking Garage Background: Roanoke City Public Schools ("Schools") has leased property located at 107 Church Avenue, Roanoke, Virginia, from the City for the last twenty years for the operation of its C.I.T.Y. School Program. There is currently no agreement in place between the City and the Schools; however, both parties desire to enter into a lease agreement setting forth the terms and conditions of such lease. Consider~ions: The proposed agreement permits the Schools to lease space located in the Church Avenue Parking Garage for five years with one five-year renewal option. According to the proposed agreement the Schools would be responsible for maintaining and repairing all plumbing, heating, air conditioning, electrical and any other appliance or equipment associated with this property during the lease term and any renewals. The rent for this use will be $1.00 per year and no parking will be included in this agreement. Mayor Harris and Members of City Council August 16, 2004 Page 2 Recommended Action: Authorize the City Manager to execute the appropriate documents, approved as to form by the City Attorney, to lease space at 107 Church Avenue to the Roanoke City Public Schools for the operation of the CITY School program. The proposed agreement shall be in accordance with the provisions outlined in the attached Lease. Respectfully submitted, Darlene L. Bur~ City Manager DLB:slm c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Elizabeth A. Neu, Economic Development Director CM04-O0144 LEASE AGREEMENT THIS LEASE AGREEMENT ("Lease" or "Lease Agreement"), is dated this __ day of August, 2004, by and between the CITY OF ROANOKE, VIRGINIA, a municipal corporation organized and existing under the laws of the Commonwealth of Virginia ("City"or "Lessor"), and the ROANOKE CITY PUBLIC SCHOOLS ( "Schools" or "Lessee"). WlTNESSETH: WHEREAS, Lessee has leased property located at 107 Chumh Avenue, Roanoke, Virginia, from the City for the last twenty years for the operation of its C.I.T.Y. School Program; WHEREAS, them is currently no lease agreement in place between the parties for the lease of such space; and WHEREAS, both parties desire to enter into a lease agreement setting forth the terms and conditions of such lease. NOW THEREFORE, in consideration of the terms, conditions, covenants, promises and agreements contained herein, the parties mutually agree as follows: SECTION 1. DESCRIPTION OF PREMISES: Lessor, in consideration of the rents and covenants to be paid by Lessee, does hereby lease to Lessee, and Lessee leases from Lessor, the following described premises totaling . square feet, located at 107 Church Avenue, S.W., Roanoke, VA., 24011 and designated as a portion of Roanoke Tax Map No. 1011615 ("Premises"). The Premises does not include any parking spaces. Lessee acknowledges that no parking is being provided by Lessor to Lessee under the terms of this Lease. SECTION 2. TERM: The Premises are leased to Lessee for a an initial term of five (5) years, beginning on the first day of July, 2004, commencing at 12:01 a.m. and expiring at 11:59 p.m. on June 30, 2010. This Lease shall automatically be renewed for an additional five (5) year term and subject to the same terms and conditions stated herein unless either party gives written notice to the other party no later than 3 months prior to the expiration of the initial term. SECTION 3. RENT: Lesee covenants to pay Lessor the sum of ONE DOLLAR AND NO/100 ($1.00) per year as rent for the Initial Term which amount shall be due and payable on July 1 of each year. SECTION 4. PURPOSE AND USE OF PREMISE~q: The Premises are leased to be used and occupied by Lessee, its agents and employees, and students, for the operation of its C.I.T.Y. School Program as office and classroom space and for such other purposes and uses the parties may otherwise agree mutually in writing. Lessee shall not use the Premises for any unlawful or offensive business purpose or so as to constitute a nuisance. SECTION 5. DELIVERY OF POSSESSION: Lessor covenants to deliver quiet possession of the Premises at the commencement of the Initial Term in its current, as is, condition. SECTION 6. MAINTENANCE AND REPAIR' A. Lessee covenants to keep, repair, maintain or replace, at Lessee's sole expense, 2 the Promises and all plumbing, heating, air conditioning, electrical mechanical devices, appliances and equipment of every kind or nature located upon or serving the Premises in good repair, condition and working order, suitable to the purpose and use for which Lessee has leased same, during the Initial Term and any Renewal Term of this Agreement. Lessor shall be responsible for the exterior walls, foundation and the structural infrastructure of the Premises. Lessee shall be responsible for all other maintenance, janitorial services and replacement and repair of any item to the extent not specifically stated herein and at its sole expense. The Premises and all equipment, electrical and mechanical devices and appliances therein or serving same shall comply at all times with all applicable federal, state and local laws, ordinances, rules and regulations pertaining to health, safety, fire and public welfare. As used heroin the word "repair" shall be deemed to mean and include replacement of broken or cracked glass. B. Lessee agrees to take good care of the Promises, fixtures, and appurtenances and suffer no waste or injury thereto, and agrees that it will pay for all repairs to the Premises, fixtures and appurtenances necessitated by the fault of Lessee, its employees, agents, customers, or guests. At the end of the Term, Lessee will surrender the Premises in as good condition as Lessee originally obtained the same at the commencement of the Term, reasonable wear and tear excepted. C. Lessor shall not be liable for any damage to either the person or property of the Lessee nor its employees, agents or invitees nor for the loss of or damage to any property of the Lessee by theft or from any other cause. D. If Lessee fails to keep, replace, repair, or maintain the Premises and all plumbing, heating, air conditioning, electrical and mechanical devices, appliances and equipment of every 3 kind or nature located upon or serving the Premises in good repair, condition, and working order as provided in Section 6(A), then Lessor, at its option, may either (1) immediately terminate this Lease and all obligations hereunder, or (2) after 10 days written notice to Lessee, proceed to make, or cause to be made, such upkeep, replacement, repair and/or maintenance, at Lessee's expense, so as to render the Premises suitable for the purpose and use for which same are leased. SECTION 7. ALTERATIONS BY LESSEE: Lessee, having first obtained written approval of Lessor, may make such alterations, modifications, additions and/or improvements upon or to the Premises and may install or remove such fixtures and partitions as Lessee may deem proper, provided, however, that any structural alteration of the roof, foundation or exterior walls shall require the written consent of Lessor. All material used in such alterations, modifications, additions or improvements, and all fixtures and partitions made and/or installed by Lessee shall remain the property of Lessee and, upon termination of this Lease, may, at Lessee's option, be removed, on the condition that the Premises will be restored to their original condition if such removal causes damage to the Premises. Materials which are affixed to the Premises shall become the property of Lessor upon termination of this Lease or any renewal thereof. SECTION 8. UTILITIES: Lessee covenants and agrees to pay and be responsible for the following utilities to service the Premises as follows: water, sewage, garbage, heat, telephone and telephone wiring. Lessee covenants and agrees to pay and be responsible for electricity to the Premises. Lessee covenants and agrees to provide janitorial service and supplies. Lessee shall be responsible for maintenance, repair, or replacement to the heating and air conditioning systems, exterior and 4 routine maintenance of both interior and exterior. SECTION 9. INSURANCE: A. Lessee shall, at its sole expense, obtain and maintain during the life of this Lease Agreement, the insurance policies required by this Section. Any required insurance policies shall be effective prior to the beginning date of this Lease Agreement. The following policies and coverages are required: (1) Commemial General Liability. Commercial General Liability insurance, written on an occurrence basis, shall insure against all claims, loss, cost, damage, expense or liability from loss of life or damage or injury to persons or property arising out of the Lessee's actions under this Lease Agreement. The minimum limits of liability for this coverage shall be $1,000,000 combined single limit for any one occurrence. (2) Contractual Liability. Broad form Contractual Liability insurance shall include the indemnification obligation set forth in Section 13 of this Lease. (3) Lessee's insurance. Lessee shall, at its sole cost and expense, obtain and maintain during the life of this Lease Agreement a property insurance policy written on an "all risk" basis insuring all of Lessee's personal property, including, but not limited to, equipment, furniture, fixtures, furnishings, and leasehold improvements which are Lessee's responsibility, for not less than full replacement cost of such property. All proceeds of such insurance shall be used to repair or replace Lessee's property. (4) Workers' Compensation. Workers' Compensation insurance covering Lessee's statutory obligation under the laws of the Commonwealth of Virginia and Employer's Liability insurance shall be maintained for all its employees engaged in work on the Leased Premises. Minimum limits of liability for Employer's Liability shall be $100,000 bodily injury by accident each occurrence; $500,000 bodily injury by disease (policy limit); and $100,000 bodily injury by disease (each employee). With respect to Workers' Compensation coverage, the Lessee's insurance company shall waive rights of subrogation against the City, its officers, employees, agents, volunteers and representatives. B. The insurance coverages and amounts set forth in subsections (1), (2), (3) and (4) 5 of this Section may be met by an umbrella liability policy following the form of the underlying primary coverage in a minimum amount of $1,000,000. Should an umbrella liability insurance coverage policy be used, such coverage shall be accompanied by a certificate of endorsement stating that it applies to the specific policy numbers indicated for the insurance providing the coverages required by subsections (1), (2), (3), and (4) and it is further agreed that such statement shall be made a part of the certificate of insurance furnished by Lessee to the City. C. All insurance shall meet the following requirements: (1) Lessee shall furnish the City a certificate or certificates of insurance showing the type, amount, effective dates and date of expiration of the policies. Certificates of insurance shall include any insurance deductibles. (2) The required certificate or certificates of insurance shall include substantially the following statement: "The insurance covered by this certificate shall not be canceled or materially altered, except after thirty (30) days written notice has been received by the Risk Management Officer for the City of Roanoke." (3) The required certificate or certificates of insurance shall name the City of Roanoke, its officers, employees, agents, volunteers and representatives as additional insureds except as to coverage under Section 1 l(A)(4). (4) Where waiver of subrogation is required with respect to any policy of insurance required under this Section, such waiver shall be specified on the certificate of insurance. (5) Insurance coverage shall be in a form and with an insurance company rated A- or better by A.M. Best and approved by the City which approval shall not be unreasonably withheld. Any insurance company providing coverage under this Lease Agreement shall be authorized to do business in the Commonwealth of Virginia. 6 SECTION 10. SUBLEASING AND ASSIGNMENT: Lessee may not assign its rights under this Lease or sublet the whole or any part of the Promises, without the prior written consent of the Lessor, which consent shall not be unreasonably withheld. Regardless of Lessor's consent, no subletting or assignment shall release Lessee or alter the primary liability of Lessee to pay the rent and to perform all other obligations to be performed by Lessee hereunder. SECTION 11. DAMAGE OR DESTRUCTION OF PREMISES: A. If the Premises are damaged by fire or other casualty so as to render same, in the opinion of Lessee, untenantable for the purpose or use for which Lessee has leased same, this Lease, and all obligations hereunder, shall immediately terminate upon Lessee's giving notice of that fact to Lessor by certified or registered mail, return receipt requested, as hereinafter provided. B. If the Premises are damaged by fire or other casualty, but not, so as to render same untenantable, in the opinion of Lessee, for the purpose or use for which Lessee has leased the Premises, upon being so notified by Lessee by certified or registered mail, return receipt requested, Lessor, to the extent Lessor receives any insurance payments for such damages, shall repair and restore within a reasonable time, at Lessor's expense, the Premises to its former condition. As used herein, the words "repair" and "restore" shall be deemed to mean and include replacement of broken, cracked or damaged glass or windows. C. If Lessor fails to make or fails to complete repair and restoration of the Premises within a reasonable time after Lessee provides notice pursuant to Section 14(B) then Lessee, at 7 its option, may either (a) immediately terminate this Lease and all obligations hereunder, or (b) proceed to make, or cause to be made, such repair, replacement or restoration, at Lessor's expense, in which event, Lessee may deduct the cost of same from future rent installments as they become due and/or may collect the reasonable cost from Lessor in any manner provided by law. SECTION 12. INSPECTION OF PREMISES: The Lessor or Lessor's agent, upon reasonable notice to Lessee, shall have free access during normal business hours to the Premises for the purpose of inspection. Lessor shall have the right to show space to prospective tenants during the last throe months of the initial term or any extensions or renewals thereof. SECTION 13. TERMINATION: A. This Lease and any Renewal Term of this Lease may be terminated by either party only upon written notice to the other party by certified or registered mall, return receipt requested, at least three (3) months prior to the expiration of the Initial Term or any Renewal Term. B. Notwithstanding any provision in this Lease to the contrary, failure of Lessee to perform any of the terms, conditions, or covenants of this Lease for more than thirty (30) days after written notice of such failure shall have been given to Lessee shall constitute a default which shall entitle Lessor, in addition to other rights and remedies it may have, to an immediate right to re-entry without service or notice or resort to legal procedures and without Lessor being guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby. C. Should Lessor elect to re-enter as herein in Section 13, or should Lessor take possession pursuant to legal proceedings or pursuant to any provisions under law, Lessor may 8 terminate this Lease. SECTION 14. NOTICE: A. Any and all notices affecting this Lease may be served by the Parties hereto, or by their duly authorized agents, as effectively as if same were served by any officer authorized by law to serve such notices. The return of such party, or its duly authorized agent, showing the time, place and manner of service of such notice shall have the same force and effect in any legal proceedings based therein as a return of service by any officer authorized by law to serve such notice. B. All notices required by law to be served upon, and all notices permitted by this Lease to be mailed to, a party of this Lease shall be served upon or mailed to, as the case may be, the following agents for each party who are hereby appointed and designated as such for the purpose of receiving all such notices: To Lessor: City Manager, City of Roanoke 364 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (w/copy to Director of Economic Development, 111 Franklin Plaza Suite 200, Roanoke, Virginia 24011) To Lessee: Executive Director For Support Services Roanoke City Schools PO Box 13145 Roanoke, Virginia 24031 Each party shall immediately notify the other party, in writing, of any change of agents, and no change of agents shall be effective until such notice is given. Where, under the terms of 9 this lease, a notice is required or permitted to be mailed by certified or registered mail. return receipt requested, and such notice is not mailed in such manner, the notice shall be effective if actually received by the party, or its appointed agent, to whom the notice is directed. SECTION 15. BINDING UPON SUCCESSORS: This Lease shall be binding upon the successors in interest and assigns of the parties hereto. SECTION 16. COMPLIANCE: Lessee hereby covenants and agrees to comply with all with all laws, ordinances and regulations of governmental authorities wherein the Premises are located. SECTION 17. MODIFICATION: This Lease shall not be modified, altered or amended except by written agreement executed by the parties hereto with the same formality as this Lease. SECTION 18. SECTION HEADINGS: Headings to the Sections are mere catchwords and are illustrative only; they do not form a part of this Lease nor are they intended to be used in construing same. SECTION 19. ENVIRONMENTAI,: Lessor represents that it has no knowledge of the presence of nonencapsulated friable asbestos or other hazardous materials in the Premises. SECTION 20. ENTIRE AGREEMENT. This written Lease constitutes the entire, full and complete understanding and agreement of the parties, and all representations, conditions, statements, warranties, covenants, promises or agreements previously made or given by either party to the other are hereby expressly merged 10 into this written Lease and shall be null, void and without legal effect. This Lease shall not be effective or binding unless and until signed by both parties. IN WITNESS WHEREOF, the parties have affixed their signatures and seals: CITY OF ROANOKE ("LESSOR") ATTEST: Mary F. Parker, City Clerk By .(SEAL) Darlene L. Burcham, City Manager ROANOKE CITY PUBLIC SCHOOLS ("LESSEE") By:. Its: (SEAL) APPROVED AS TO FORM Assistant City Attorney APPROVED AS TO EXECUTION Assistant City Attorney 11 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 August 19, 2004 File #60-301-467-468 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 36813-081604 appropriating funds in connection with the addition of an Information Center Technician position in the Department of Technology to provide system support for the School System and the Western Virginia Water Authority, establishing an internal billing revenue, and amending and reordaining certain sections of the 2004-2005 Department of Technology Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 16, 2004, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Jesse A. Hall August 19, 2004 Page 2 pc: Darlene L. Burcham, City Manager George C. Snead, Jr., Assistant City Manager for Operations John Elie, Director of Technology Michael T. McEvoy, Executive Director, Waste Water Division, Western Virginia Water Authority Gary Robertson, Executive Director, Water Division, Western Virginia Water Authority Cindy H. Lee, Clerk, Roanoke City School Board, P. O. Box 13145, Roanoke, Virginia 2403:~ Sherman M. Stovall, Director, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of August, 2004. No. 36813-081604. AN ORDINANCE to appropriate funding for and provide approval of an add~ional positio, n for computer support of the Water Authority and Schools and establish an intemal billing revenue, amending and reordaining certain sections of the 2004-2005 Department of Technology 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 Department of Technology Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: ' Appropriations Regular Employee Salaries City Retirement ICMA Match FICA Medical Insurance Dental Insurance Life Insurance Disability Insurance Revenues Billings to Water Authority Billings to School Fund 013-430-1601-1002 013-430-1601-1105 013-430-1601-1116 013-430-1601-1120 013-430-1601-1125 013-430-1601-1126 013-430-1601-1130 013-430-1601-1131 013-110-1234-0960 013-110-1234-0968 29,377 2,798 650 2,239 3,300 221 333 82 7,500 31,500 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. CITY OF ROANOKE OFFICE OF THE C1TY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.corn August 16, 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 Subject: Authorization of DoT Position and Chargeback to Support School System and Water Authority use of City Computer Applications Dear Mayor Harris and Members of City Council: Background: The Roanoke Public School system is participating with the City of Roanoke to upgrade financial and HR/payroll applications in support of Council's objective of improving application integration. The School System previously committed $1.5 million toward the cost of implementing new software programs. In addition, the Schools are interested in adopting Lotus Notes applications currently used in the City, including E-mail, Applicant Tracking, Position Control and Employee Self-Service. The City's Department of Technology (DOT) will implement the above applications to 25 administrative staff in the School System, and the Schools will fund hardware and network upgrades to support these applications. The Schools agreed to a $3,000 monthly chargeback from the City to cover on-going computer support costs. The Water Authority currently uses Lotus Notes and other City applications with support from DoT. This report seeks authorization for the adoption of a new chargeback to the City Schools, and increases the current Water Authority chargeback, to fund a permanent position to provide computer support to the School System and the Water Authority. A full time support position is needed due to the increase in the number of users and applications which cannot be supported with existing staff. By adopting the existing City applications, the Schools will save the cost of developing or purchasing similar applications. The Schools can also leverage the City's organizational support instead of creating support positions. Communications between City and School administrative staff will be greatly enhanced by virtue of using the same e-mail system. Recommended Action(s): City Council authorize the addition of a Information Center Technician position in the Department of Technology to provide on-going system support. City Council authorize the Director of Finance to increase the revenue estimate in the DoT fund in the amount of $ 7,500 from the Water Authority, and establish a revenue estimate in the amount of $ 31,500 for the remainder of the fiscal year from charges to the City Schools for support of computer systems. Additionally, appropriate funding as outlined below: Expense Code Breakout for FY 2004: Object Amount Regular Employee Salaries City Retirement ICMA Match FICA Hospitalization Insurance Dental Insurance Life Insurance Disability Insurance 1002 $ 29,377 1105 2,798 1116 650 1120 2,239 1125 3,300 1126 221 1130 333 1131 82 Total $ 39,000 The revenue and associated expenditure amounts will be adjusted during the annual budgeting process to reflect a full year of activity for each fiscal year thereafter. Respectfully submitted, City Manager DLB~e C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance George C. Snead Jr., Assistant City Manager for Operations Sherman M. Stovall, Director, Management and Budget John Elie, Director of Technology Michael T. McEvoy, Executive_Director, Waste Water Division, Western VA Water Authority Gary Robertson, Executive Director, Water Division, Western VA Water Authority Doris Ennis, Acting Superintendent of Schools Richard L. Kelley, Assistant Superintendent for Operations CM04-00145 Office of the C,ty Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk August l9,2004 File #24-137 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 36814-081604 amending the Codeofthe City of Roanoke (1979), as amended, to regulate the discharge of certain guns and devices in the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 16, 2004, and is in full force and effect upon its passage. Mary F. Parker, CMC City Clerk MFP:ew Attachment Darlene L. Burcham August 19, 2004 Page 2 pc: The Honorable Robert P. Doherty, Chief Judge, Twenty-Third Judicial Circuit of Virgm~a The Honorable William D. Broadhurst, Judge, Twenty-Third Judicial Circuit of Virgm~a The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Virg~ma The Honorable Charles N. Dorsey, Judge, Twenty-Third Judicial Circuit of Virg~ma The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virg~ma The Honorable James R. Swanson, Judge, Twenty-Third Judicial Circuit of Virglma The Honorable Julian H. Raney, Jr., Chief Judge, General District Court The Honorable George W. Harris, Jr., Judge, General District Court The Honorable Vincent A. Lilley, Judge, General District Court The Honorable Francis W. Burkart, III,Judge, General District Court The Honorable Jacqueline F. Ward Talevi, Judge, General District Court The Honorable John B. Ferguson, Chief Judge,Juvenile and Domestic Relations District Court The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court Sheila N. Hartman, Assistant City Clerk, (For transmittal by electronic mail to Municipal Code Corporation) Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32316 Raymond F. Leven, Public Defender, 210 First Street, S. W., Roanoke, Virginia 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 Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget George C. Snead, Jr., Assistant City Manager for Operations A. L. Gaskins, Chief of Police IN THE COUNCIL OF THE CITY OF ROANOKE, The 16th day of August, 2006. No. 36814-081606. VIRGINIA, .. AN ORDINANCE amending §21-81, Discharge of air gun, gravel shooter, etc., to Article III, Weapons, of Chapter 21, Offenses - Miscellaneous, of the Code of the City of Roanoke (1979), as amended, to regulate the discharge of certain guns and devices in the City; and dispensing with the second reading of this ordinance by title. WHEREAS, at its last session, the legislature for the Commonwealth of Virginia authorized all localities to regulate the use of pneumatic guns under certain circumstances; WHEREAS, the City Council for the City of Roanoke finds that all areas within the boundary of the City of Roanoke are so heavily populated as to make the discharge of a pneumatic gun dangerous to citizens of the City, except at facilities approved for shooting ranges, or on other property where firearms may be discharged lawfully; and WHEREAS, commercial or private areas designated for use of pneumatic paintball guns may be established and operated for recreational use in accordance with all applicable laws and ordinances, including Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 21-81, Discharge of air gun, gravel shooter, etc., of Article III, Weapons, of Chapter 21, Offenses - Miscellaneous, of the Code of the City of Roanoke (1979), as amended, is hereby amended to read and provide as follows: H :\ORDINANCESK)-CA-PneumaticGuns081604.doc Sec. 21-81. Discharge of air gun, gravel shooter, pneumatic gun, etc. (a) Any person who shall, anywhere within the city, discharge shot, stones, gravel, bullets or any similar thing from a gravel shooter, air gun, pneumatic gun or other similar implement shall be guilty of a Class 4 misdemeanor, unless otherwise permitted by this section. Subsection (a) shah not prohibit the use of a pneumatic gun at a facility approved for shooting ranges or on other property where firearms may be discharged lawfully. Subsection (a) shah not prohibit the establishment of commercial or private areas designated for use of paintball guns for recreational use in accordance with all applicable requirements. Equipment designed to protect the face and ears shah be provided to participants at such recreational areas, and signs shall be posted to warn against entry into the paintbaH area by persons who are unprotected or unaware that paintball guns are in use. As used in this section, the term, "pneumatic gun" means any implement, designed as a gun, that will expel a BB or a pellet by action of pneumatic pressure. The term ''pneumatic gun" includes a paintball gun that expels by action of pneumatic pressure plastic balls filled with paint for the purpose of marla'ng the point of impact. All uses of a pneumatic gun otherwise allowed under this section by a minor below the age of sixteen (16) years on private or public property shall be under the supervision of a parent, guardian or other adult supervision approved by a parent or guardian. AH uses of a pneumatic gun otherwise allowed under this section on private property with the consent of the owner by a minor above the age of sixteen (16) years shah occur only with the written consent of a parent or guardian. All minors, when permitted by a parent or guardian to use a pneumatic gun, shah be responsible for obeying aH laws, regulations and restrictions governing such use. The training of minors in the use of pneumatic guns shah be done only under direct supervision of a parent, guardian, Junior Reserve Officers Training Corps instructor, or a certified instructor. Training of minors above the age of sixteen (16) may also be done without direct supervision if approved by the minor's instructor, with the permission of and under the responsibility of a parent or guardian, and in compliance with all requirements of this section. Ranges and instructors may be certified by the National Rifle Association, a state or federal agency that has H:\ORDINANCES\O-CA-PncumaticGuns081604.doc developed a certification program, any service of the Department of Defense, or any person authorized by these authorities to certify ranges and instructors. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title ~s hereby d~spensed w~th. City Clerk. H:\ORDINANCES\O-CA-PncumaticGuns081604.doc WILLIAM M. HACKWORTH CITY ATTORNEY CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 3[ELEPHONE: 540-853-243 t FAX: 540-853-1221 EMAIL: cityatty Co~ ci.roanoke.va.us August 16, 2004 TIMOTHY R. SPENCER STEVEN J. TALEVI GARY E. TEGENKAMP DAVID L. COLLINS HEATHER P. FERGUSON ASSIS'I~NT CITY ATTORNEYS Honorable C. Nelson Harris, Mayor and Members of City Council Roanoke, Virginia Re: Code Amendment - Section 21-81, Discharge of air gun, gravel shooter, etc. Dear Mayor Harris and Members of Council: Recent changes to the Code of Virginia (1950), as amended ("Virginia Code"), by the state legislature have restricted the City's ability to regulate pneumatic guns. For your convenience, I am attaching a copy of § 15.2-915.4 of the Virginia Code, effective July 1, 2004. As you can see, such guns are defined in the statute as "... any implement, designed as a gun, that will expel a BB or a pellet by action of pneumatic pressure" and include guns commonly known as, "paintball guns." Prior to the amendment to the Virginia Code, the City prohibited the discharge of such guns anywhere within the City limits. The State now requires that localities permit the discharge of these guns within certain areas, such as approved shooting ranges and other property where firearms may be discharged. In order to bring the City Code into conformance with the Virginia Code enabling legislation, I recommend the adoption of the attached ordinance. With kindest personal regards, I am Sincerely yours, William M. Hackworth City Attorney WMH/SJT:s Attachments Darlene L. Burcham, City Manager Jesse Hall, Director of Finance Joe Gaskins, Chief of Police § 15.2-915.3 GENERAL POWERS OF LOCAL GOVERNMENTS § 15.2-915.4 The provisions of this section shall not apply to duly authorized law- enforcement officers or military personnel in the performance of their lawful duties, nor to any person who reasonably believes that a loaded rifle or shotgun is necessary for his personal safety in the course of his employment or business. (1976, c. 506, § 18.2-287.1; 1977, c. 377; 1989, c. 50; 2004, c. 462.) § 15.2-915.3. Requiring fingerprinting for concealed handgun per- mit. -- Notwithstanding § 15.2-915, a county or city may by ordinance require any applicant for a concealed handgun permit to submit to fingerprinting for the purpose of obtaining the applicant's state or national criminal history record. (2004, c. 462.) § 15.2-915.4. Counties, cities and towns authorized to regulate use of pneumatic guns. -- A. A locality may prohibit, by ordinance, the shooting of pneumatic guns in any areas of the locality that are in the opinion of the governing body so heavily populated as to make such conduct dangerous to the inhabitants thereof, andmay require supervision by a parent, guardian, or other adult supervisor approved by a parent or guardian of any minor below the age of 16 in all uses of pneumatic guns on private or public property. The ordinance may specify that minors above the age of 16 may, with the written consent of a parent or guardian, use a pneumatic gun at any place designated for such use by the local governing body or on private property with the cOnSent of the owner. The ordinance may specify that any minor, whether permitted by a parent or guardian to use a pneumatic gun or not, shall be responsible for obeying ail laws, regulationS and restrictions governing such use. Any penalty for a pneumatic gun offense set forth in such an ordinance shall not exceed a Class 3 misdemeanor. B. No such ordinance authorized by ~ubsection A shall prohibit the Use of pneumatic guns at facilities approved for shooting ranges or on other property where firearms may be discharged. C. Training of minors in the use of pneumatic guns shall be done only under direct supervision of a parent, guardian, Junior Reserve Officers Training Corps instructor, or a certified instructor. Training of minors above the age of 16 may also be done without direct supervision if approved by the minor's instructor, with the permission of and under the responsibility of a parent or guardian, and in compliance with all requirements of this section. Ranges and instructors may be certified by the Nationai Rifle Association, a state or federal agency that has developed a certification program, any service ofthe Depart- ment of Defense, or any person authorized by these authorities to certify ranges and instructors. D. Commercial or private areas designated for use of pneumatic pnintbal] guns may be established and operated for recreationai use. Equipment designed to protect the face and ears shall be provide~, to participants at such recreational areas, and signs must be posted to warn against entry into the paintball area by persons who are unprotected or unaware that paintbail guns are in use. E. As used in this Section, ~pneumatic gun"means any implement, designed as a gun, that will exPel a BB or a pellet by action of pneumatic pressure. "Pneumatic gun" includes a paintball gun that expels by action of pneumatic pressure plastic balls filled with paint for the purpose of marking the point of impact. (2004, c. 930.) The number of this section was assigned by the Virginia Code Commission, the number in the 2004 act having been 15.2-915.2. JESSE A. HALL Director of Finance email: jesse_hnll~ci.roanoke.va.u$ 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_shawvcr~i.roanoke.va.us August 16, 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: Fiscal Year 2004 Unaudited Financial Report Fiscal year 2004 has come to a close, and this financial report represents the unaudited report of the results thereon. It is appropriate to point out that the financial data contained herein may change during the course of our external audit, although we do not expect such changes to be significant. The external audit will be conducted during upcoming months, and we anticipate presenting the audited financial statements to City Council at its first December meeting. The following narrative provides an overview of General and School Fund performance, and it also presents the fund balance for General and School Funds for the year. General Fund Revenues Our revenue estimate from all sources was $206,581,058, while actual collections totaled $207,166,265. General Fund revenues exceeded the estimate by .28% or $585,207. Honorable Mayorand Members of Council August16,2004 Page 2 Listed below is a five-year history of our General Fund revenue estimates compared to actual revenues. Fiscal Revenue Actual Year Estimate Collections Percent of Estimate Collected 2004 $ 206,581,058 $ 207,166,265 100.28% 2003 194,201,628 194,388,023 100.10% 2002 191,951,104 192,756,723 100.42% 2001 183,974,493 186,641,942 101.45% 2000 177,178,184 181,337,826 102.35% Effective with the 2003-2004 fiscal year, recovered costs were reported as revenues rather than as reductions of department expenditures as in prior years. This change in reporting has the impact of increasing both revenues and expenditures as compared to the prior year. For the year, approximately $4.4 million in recovered costs were recorded among several categories of General Fund revenues, most notably the Charges for Services category. Adjusted for this change in reporting of recovered costs, General Fund revenues increased 4.2% compared to FY03. Significant variances in specific categories of revenues are discussed in the following paragraphs. Local Taxes General Property and Local taxes comprise 67% of the General Fund. They achieved 101% of the revenue estimate as a whole, exceeding budget by approximately $1.5 million, and increasing 5% since FY03. Real estate taxes are the largest single source of the City's revenues. The current portion achieved 99.4% of the estimate. This was an increase of nearly 7% over last year. Delinquent collections declined from the prior year, and they fell short of budget. Delinquent collections peaked in the past few years as the City began using tax sales and other innovative methods of ensuring that delinquent properly taxes are collected. This has the impact of lowering the delinquent tax balance upon which collections are made. Personal property taxes are the second largest tax revenue. The current portion achieved 98.7% of the estimate, notwithstanding the short term rental tax which fell below its estimate. FY04 was the first year for the short term rental tax which is imposed on video and other rental companies. The tax produced less revenue than expected. Personal property tax declined 2.2% in FY04 as compared to FY03. This tax has declined or remained relatively flat for the past four years. This year, Honorable Mayor and Members of Council August 16, 2004 Page 3 conditions affecting the performance included a drop in NADA values as well as a decline in the volume of new vehicle sales. Delinquent personal property revenues declined compared to last year and fell below budget. An increase in refunds contributed to this. State sales tax performed strongly in FY04, rebounding from several years where consumer spending was adversely affected by worries of terrorist attacks, war, and a general economic slow-down. In FY04, sales tax revenue increased 8.9% over the prior year. It produced revenues of 6.5% or $1.2 million over the estimate. A factor in the sales tax performance was collection of more than $300,000 in one-time revenues resulting from a sales tax audit conducted during the current year which revealed underpayment of prior years' sales taxes. Utility taxes, as a group, are the fourth largest local tax. Electric, gas, telephone, water and cellular phone services incur utility taxes. The revenue achieved 101.17% of the estimate, increasing slightly compared to the prior year. Utility taxes remain fairly stable from year to year, although the most significant trends have been an increase in cellular phone tax, consistent with the boom in cell phone use, and a slight decline in telephone tax. The decline in telephone tax occurs when there are fewer land lines due to more use of cellular phone and due to some technological advances which allow businesses to have fewer lines. The Water Utility tax increased in conjunction with the increase in water rates which became effective Mamh 1,2003. BPOL (Business and Professional Occupational License) Tax is the City's fifth largest source of local tax revenue. Current BPOL achieved 101.3% of the estimate, while utility consumption tax, the BPOL-like tax on utility companies, topped the estimate by almost 7%. Delinquent BPOL activity actually resulted in net refunds during FY04, due to a number of companies that filed amended business license returns for prior years, resulting in greater payments of refunds than collection of delinquent revenues. The tax on Prepared Food and Beverage exceeded the estimate by 2.3% and rose 6.1% compared to the prior year. Consistent with the growth in sales tax, the increase in this revenue is indicative of growth in consumer spending. There are a number of other significant local taxes which contribute $1 to $4 million in annual revenue to the City. Public Service Taxes, the property tax on public service companies such as utilities, contribute almost $4.5 million in General Fund revenues. The tax grew $700,000 compared to last year and was nearly 15% over the estimate. This tax rebounded in FY04, following several years of decline. Increased assessments by the State Corporation Commission and Department of Taxation Honorable Mayor and Members of Council August 16, 2004 Page 4 contributed to this growth, as did the increase in telecommunication businesses. The Transient Room Tax totaled approximately $2.2 million and rose 6.2% over FY03. Intergovernmental Revenues Intergovernmental revenue consists of State and Federal funding to the General Fund. After real estate tax, the single largest category of revenue to the General Fund is funding from the Commonwealth. State funding makes up approximately 26% of the budget. In FY04, revenues totaled $54,150,983 or 97.5% of the estimate. They increased 1.69% over the prior year. The Jail Block Grant decreased $441,000 from the prior year and failed to achieve the estimate. Funding for Street Maintenance increased $411,000, and funding for Social Service programs increased $1,034,000. Social Service revenues increased, corresponding to increases in expenditures. ABC and Wine taxes, while expected to drop significantly during FY04, achieved performance close to that of the prior year. Funding from HB 599 was also nearly equal that of FY03. Funding from the State Compensation Board for our Constitutional Offices increased 3.4%. The City typically receives very little federal revenue for General Fund operations. In FY04, $150,000 was received, an increase over FY03 due to FEMA reimbursements for February 2003 flood damages. Other Local Revenues Besides local taxes, there are other local General Fund revenues which collectively contribute about 7% to our annual revenues. These include permits and fees, fines and forfeitures, charges for services, rental income, billings for services to other City funds or other entities and miscellaneous revenues. A brief recap of the performance of these revenues is as follows. Charges for Services is the largest category of non-tax local revenues. In FY04, revenue from charges for services totaled $9.1 million. Of this amount, approximately $4.1 million is impacted by the aforementioned change in accounting and would have been reported as an offset of department expenditures in the past. This affects our ability to make comparisons between FY03 and FY04. The largest items within this category include charges imposed by the Sheriff's department for prisoner care and housing of prisoners from other jurisdictions, EMS fees, court fees, human services charges for various social service programs, and fees for various recreation programs. As a whole, these revenues have increased in FY04. A number of new fees have been added in the past year, and others, such as the EMS fee, have increased. Honorable Mayor and Members of Council August 16, 2004 Page 5 Permits, Fees and Licenses provided over $1 million in revenue to the General Fund, exceeding the budget by 13%. Fees charged for construction permits and for comprehensive planning and zoning reviews make up the largest portion of this category. Fines and Forfeitures totaled almost $1.4 million. They increased 9.7% since FY03 and topped the FY04 estimate by 5.4%. Included in this category are court fines, parking tickets, collection fees imposed on various delinquent collections, and public safety false alarm fees which are new for FY04. Revenue from Property Rental totaled $683,000, achieving 101.9% of the estimate and decreasing 5.3% since FY03. The largest source of rental revenue is from the Commonwealth Building. Revenues from Interfund Services totaled $2.5 million in FY04. The category achieved 97.2% of its estimate. Charges included in this category are billings to the Water and Water Pollution Control Funds for utility billing services provided by Billings and Collections, billings to the Airport for the Airport Fire Station, and charges to other funds of the City for Engineering, Building Maintenance, Street Maintenance, and other services. This category was also impacted by the change in accounting for recovered costs, with approximately $425,000 of the FY04 revenue not recorded in this category last year. Expenditures Total expenditures and encumbrances for FY 2004 were $211,202,901, which were $1,933,014 or .91% less than City Council had authorized. The authorized expenditure budget includes appropriations of CMERP funds during the year. Listed on the next page is a five-year history of General Fund expenditures and encumbrances compared to budgeted amounts. Honorable Mayor and Members of Council August 16, 2004 Page 6 Fiscal Expenditure Actual Percent of Year Budget Obligations Budget Obligated 2004 $213,135,915 $211,202,901 99.09% 2003 203,001,986 200,166,848 98.60% 2002 200,938,265 197,594,371 98.34% 2001 192,678,785 188,827,499 98.00% 2000 183,269,539 180,358,336 98.41% Certain items affect all categories of the City in the 2003-2004 fiscal year. First, the City granted a pay raise to active employees effective July 1, 2003, which averaged 2.85% City-wide. Secondly, the changes to recording of recovered costs, discussed previously in the revenue section, results in effected departmental obligations being greater than the prior year since the recovered costs are no longer deducted from obligations. This change affects essentially all expenditure categories, especially Public Safety, Health and Welfare, and Parks, Recreation and Cultural. General Fund expenditures and encumbrances have increased 5.51% since FY03. Adjusted for the change in accounting for the $4.4 million in recovered costs, this increase is 3.3%. Beyond these items which affect all departments of the General Fund, other notable expenditure trends are as follows: Public Safety expenditures increased 9.83% or $4.6 million. The change in accounting for recovered costs affects this category significantly. Increased personal service costs in the labor-intensive Police and Fire departments also contributed to the increase. Health and Welfare expenditures increased $2.3 million or 8.26%. Comprehensive Services Act (CSA) expenditures and increased Social Services expenditures contributed to the increase, as did the change in accounting for recovered costs. Social Services costs increased in the areas of special needs adoption and daycare. Personal services costs also increased. CSA costs increased 7% due to an increase in the level of citizens served. Parks, Recreation and Cultural expenditures increased 10.75% or approximately $500,000 due to increased expenditures of Recreation and the Libraries. An increase in the number of computers owned by the Libraries over the prior fiscal year resulted in an increase in Department of Technology billings. These computers were purchased in order to reduce citizens' waiting time for use of public computers. Recreation expenditures are impacted by the change in recovered costs. Honorable Mayor and Members of Council August 16, 2004 Page 7 Community Development expenditures increased $643,000 or 11.81%. Memberships and Affiliations expenditures increased due to a budgeted increase in donations to various local organizations. Contributing to the increase was a one-time expenditure for Mill Mountain Zoo water line improvements, support for the City's branding initiative, and provision for payment to Event Zone in support of major City events. Housing and Neighborhood Services personnel costs and internal service billings for technology increased as a result of position reallocations which provide more resources for the Code Enforcement area. Additionally, Youth Services expenditures grew due to an increase in special projects for youth and expenditures for the Preston Park Center. Transfer to Debt Service Fund decreased by $1.8 million or 10.91%. Debt service requirements were lower in FY04 than in FY03 due to the normal amortization of tax supported debt where equal principal payments are made each year and interest payments decline as principal payments are made. Specifically, the payments required on the 1999A and 2002 Series issues were lower in the current year than in FY03. The City did not issue new debt in FY04, although we completed a total of three bond refundings which will provide significant savings in future interest costs. The Transfer to Debt Service Fund in FY04 was reduced $350,000 when savings from the Series 2003 refunding were reallocated for the purchase of new voting equipment. Transfer to School Fund increased by $1.5 million or 3.12% based on the school funding formula which allocates approximately 36% of local taxes to the School Board. The Transfer to School Capital Projects Fund of just over $1.0 million stemmed from an appropriation of CMERP which established a reserve for future school construction and renovation costs. There was no similar transfer in FY03. Nondepartmental expenditures and obligations increased $923,000. Transfers to the Parking Fund increased because a transfer of $2,845,800 was made in FY04 to redeem the lease of the Century Station parking garage with the Housing Authority. The Transfers to the Civic Center, Capital Projects, and Fleet Management Funds were all lower in FY04 than in FY03, mostly as a result of lower amounts of CMERP being allocated from the General Fund during FY04. Honorable Mayor and Members of Council August 16, 2004 Page 8 SCHOOL FUND School Board operations are accounted for as a separate fund. The financial data included in this discussion does not include the multi-year grant funds, but only those that comprise the annual operating budget. Revenues The School Fund revenue estimate from all sources was $105,659,753, while actual collections totaled $105,689,486. Total School Fund revenues increased 3.48% or $3,551,032 from the prior year and exceeded the estimate by .03%. Similar to the City's General Fund, the School Fund sales tax increased in FY04. Revenues from Charges for Services also increased and surpassed the revenue estimate. The Transfer in funding from the City's General Fund also increased 4.45%. Expenditures Expenditures and encumbrances in the School Fund were budgeted at $109,693,383, while actual obligations totaled $109,020,855, leaving an unobligated balance of $672,528. It is important to note that the authorized expenditure budget includes appropriations from CMERP during the fiscal year. Expenditures increased from the prior year by $7,053,164 or 6.92%, primarily due to annual increases in salaries and benefits, as well as additional funding for debt service on future high school projects. Transportation costs also increased. CAPITAL MAINTENANCE AND EQUIPMENT REPLACEMENT PROGRAM (CMERP) General Fund CMERP City Council adopted Ordinance number 26292 on December 6, 1982, establishing a reserve of General Fund balance for CMERP, specifically for maintenance and replacement of capital equipment. Computed per the requirements of Ordinance 26292, CMERP for fiscal year 2004 for the City is $1,501,240 and for the Schools is $766,981 for a total of $2,268,221 or 1.1 % of General Fund appropriations. Honorable Mayor and Members of Council August 16, 2004 Page 9 General Fund Designated FY 2004 CMERP City Allocation School Allocation Total General Fund CMERP $1,501,24O 766,981 $ 2.268.221 School Fund CMERP The School Board will receive a portion of the General Fund CMERP, as shown above, per our revenue sharing agreement with the Schools, and also retain the CMERP generated in the School Fund. This is consistent with the method of allocating CMERP between the City and School Funds in prior years. General Fund CMERP allocated to the Schools is $766,981. The amount of CMERP generated by the School Fund is $704,354 or .6% of School Fund Appropriations. The total CMERP available to the Schools in both the General Fund and School Fund is $1,471,335. School Fund Designated FY 2004 CMERP School Share of General Fund CMERP School Fund CMERP Total School CMERP $ 766,981 7O4,354 $1.471.335 We would like to reiterate that the General and School Fund amounts discussed within this report are unaudited and subject to change during the course of our external audit. A financial report of all funds of the City will be included with the Comprehensive Annual Financial Report which will be presented to City Council by the close of the calendar year. We would like to thank City Council, the administration, and especially the dedicated staff of the Department of Finance for their support throughout fiscal year 2004. Sincerely, Jesse A. Hall Director of Finance JAH:ca Honorable Mayor and Members of Council August 16, 2004 Page 10 Attachments C~ Darlene L. Burnham, City Manager William M. Hackworth, City Attorney Mary F. Parker, City Clerk George C. Snead, Jr., Assistant City Manager Rolanda A. Russell, Assistant City Manager Doris N. Ennis, Acting Superintendent, Roanoke City Schools Richard L. Kelley, Assistant Superintendent for Operations Sherman M. Stovall, Director of Management and Budget City of Roanoke, Virginia Allocation of CMERP to the General Fund June 30, 2004 Unaudited General Fund CMERP Allocation General Fund Revenues In Excess of Budgeted Amounts General Fund Unobligated Appropriations Less: Reserve for Uninsured Claims Total General Fund CMERP Allocation School Fund CMERP Allocation Total General Fund CMERP $ 585,207 1,933,014 (250,000) 2,268,221 (766,981) $ 1,501 ~240 City of Roanoke, Virginia Calculation of General Fund CMERP to Allocate to the School Board June 30, 2004 Unaudited Local Taxes General Property Taxes Other Local Taxes Total Local Taxes 83,298,454 62~366~336 145,664,790 Less: Local Taxes Dedicated for Specific Purposes Current Downtown District Real Estate Tax Delinquent Downtown District Real Estate Tax Current Williamson Road District Real Estate Tax Delinquent Williamson Road District Real Estate Tax Downtown District Public Service Tax Delinquent Downtown District Public Service Tax Utility Consumer Tax Dedicated to Roanoke River Flood Reduction Telephone Surcharge (E911) Taxes Cable TV Franchise Tax Dedicated to Local Government Access Channel Cigarette Tax to Support Debt Service of Bonds Issued for Jail and Juvenile Detention Home Motor Vehicle License Tax to Support Debt Service of Bonds Issued for Jail and Juvenile Detention Home Cigarette Tax for COPE Team and Convention and Visitor's Bureau Transient Room Tax to Support Convention and Visitors Bureau Telecommunications Right of Way Use Fee Dedicated to Paving One Cent Real Estate Tax Dedicated to Economic Development One Cent Transient Occupancy Tax Dedicated to Tourism Ten Cents Cigarette Tax Dedicated to Curb, Gutter and Sidewalk Debt Service on Bonds Issued for Innotech Project Admissions Tax Dedicated to Civic Center Project or Cultural Agencies Net Local Taxes School Pementage Share of Local Taxes School Share of Local Taxes Other Adjustments: (242,818) (2,415) (65,557) (1,036) (28,563) (226) (8o8,ooo) (1,340,847) (201,162) (305,000) (325,00O) (501,429) (2oo,0oo) (417,805) (442,119) (318,965) (702,049) (941,420) (88,452) 138,731,927 36.42%* 50,526,168 Deduct School Portion of CSA Program Deduct Interest Earnings Add Funding for Pre-School Initiative Add Roanoke Adolescent Health Partnership Net School Transfer Less: FY04 Local Funding Provided to School Board Allocation of CMERP to School Board * Percentage share based on Revenue Allocation Model developed by the Department of Management and Budget. (899,496) (200,O00) 294,755 25~000 49,656,427 (48~889,446) $ 766,981 ]2 City of Roanoke, Virginia Summary of School Board CMERP June 30, 2004 Unaudited School Fund CMERP Allocation School Fund Revenues In Excess of Budgeted Amounts School Fund Unobligated Appropriations Add: Decrease in Workers' Comp Trust Fund Total School Fund CMERP Allocation General Fund CMERP Allocation Total School CMERP $ 29,733 672,528 2,093 704,354 766,981 $ 1,471,335 CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF REVENUE General Property Taxes Other Local Taxes Permits, Fees and Licenses Fines and Forfeitures Revenue from Use of Money and Property Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Miscellaneous Revenue Internal Services Total Year to Dat~ for the Period Current Fiscal Year Percent of Revised Revenue July 1 - June 30 July I - June 30 Percentage Revenue Estimate 2002-2003 2003-2004 of Change Estimates Received $ 71,849,116 $ 75,469,141 5.04 % $ 75,504,827 9995%' 59,522,933 62,366,336 4.78 % 60,866,657 102,46% 909,669 1,026,606 12.85 % 907,302 113.15% 1,244,283 1,365,502 9.74 % 1,296,130 105.35% 721,316 682,798 -5.34 % 670,402 101 85% 53,251,113 54,150,983 1.69 % 55,564,419 97.46% 34,358 150,116 336,92 % 147,852 101.53% 4,568,919 9,088,114 98.91% 8,673,842 104.78% 444,190 407,985 -8.15 % 420,474 97,03% 2~088,614 2,458~684 17.72 % 2,529,153 97.21% $ 1941634;811 $ 207~166~265 6.44% $ 206r$81~058 100.28% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period July I - June 30 Expenditures 2002-2003 General Government $ 11,738,558 Judicial Administration 6,005,460 Public Safety 45,205~376 Public Works 24,533,771 Health and Welfare 27,539,446 Parks, Recreation and Cultural 4,666,072 Community Development 5,443,175 Transfer to Debt Service Fund 18,847,042 Transfer to School Fund 47,408,556 Transfer to School Capitsl Projects Fund Nondepartmental 10~779~392 Total $ 200r1661848 Current Fiscal Year Percent of July I - June 30 Percentage Unencumbered Revised Budget 2003-2004 of Change Balance Appropriations Obligated 11,898,598 1.36 % $ 179,338 $ 12,077,936 9852% 6,278,027 4.54 % 75,327 6,353,354 9881% 49,650,213 9.83 % 494,552 50,144,765 9901% 25,683,217 4.69 % 68,081 25,751,298 99.74% 29,812,912 8.26 % 151,354 29,964,266 99~49% 5,167,604 10.75 % 88,773 5,256,377 98.31% 6,086,021 11.81 % 242,712 6,328,733 96.16% 15,009,080 -10.91% 15,009,080 100.00% 48,889,446 3.12 % 48,889,446 10000% 1,025,630 100.00 % 1,025,630 10000% 11r702,153 8.56 % 632~877 12,335~030 94.87% 21112021901 5.51% $ 11933t014 $ 213f1351915 99.09% 14 CITY OF ROANOKE, VIRGINIA SCHOOL FUND STATEMENT OF REVENUE Revenue Source State Sales Tax Grants*in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Interest On Investments Transfer from General Fund Total Year to Date for the Period Current Fiscal Year Percent of Revised Revenue July I - June 30 July 1 - June 30 Percentage Revenue Estimate 2002-2003 2003-2004 of Change Estimates Received $ 8,739,719 $ 9,399,174 7.55 % $ 9,162,397 10258 % 43,336,782 43,613,970 0.64 % 44,486,858 98.04 % 117,949 135,834 15,16 % 119,048 114.10 % 2,465,943 2,992,876 21.37 % 2,271,378 131.76 % 69,504 27,560 -60.35 % 100,000 27.56 % 47,408~557 49,520,072 4,45 % 49,520,072 100.00 % $ 102,138,464 $ 105,689,486 3.48 % $ 105,689,763 100.03 % SCHOOL FUND STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period Current Fiscal Year July I - June 30 July I - June 30 Percentage Unencumbered Expenditures 2002-2003 2003-2004 of Change Balance instruction $ 74,611,953 $ 77,690,319 General Support 3,699,470 4,098,139 Transportation 4,024,033 4,510,423 Operation and Maintenance of Plant 10,417,202 11,025,551 Facilities 1,750,961 4,154,859 Other Uses of Funds 7,464~072 7,541 ~564 Total $ 101,967,691 $ 109,020,855 Percent of Revised Budget Appropriations Obligated 4.13 % $ 513,673 $ 78,203,992 9934 % 10.78 % 60,134 4,158,273 98.55 % 12.09 % 54,516 4,564,939 9881% 5.84 % 10,250 11,035,801 99.91% 137.29 % 209 4,155,068 9999 % 1.04 % 33,746 7r575,310 99.55 % 6.92 % $ 672,628 $ 109,693,383 99.39 % 15 CITY OF ROANOKE, VIRGINIA WATER FUND COMPARATIVE INCOME STATEMENT FOR THE TWELVE MONTHS ENDING JUNE 30, 2004 (UNAUDITED) FY 2004 Operating Revenues Commercial Sales Domestic Sales Industrial Sales Town of Vinton City of Salem County of Botetourt County of Bedford Customer Services Charges for Services $ 5,063,246 4,151,397 734,048 39,710 43,684 291,422 35,704 471,106 1,359,696 Total Operating Revenues 12,190,013 Operating Expenses Personal Services Operating Expenses Purchased Water - Roanoke County Purchased Water - City of Salem Depreciation 4,370,356 3,818,735 1,573,584 9,762,675 2,427,338 Total Operating Expenses Operating Revenues (Expenses) Nonoperating Revenues (Expenses) Interest on Investments Rent Main Extension Agreements Miscellaneous Revenue Transfer to Department of Technology Fund Interest and Fiscal Charges 69,269 175,395 104,490 64,413 (217,750) (1,129,046) Net Nonoperating Expenses (933,229) $ 1,494,109 Net Income (Loss) 16 FY 2003 $ 4,754,405 4,223,992 642,072 33,392 34,367 262,231 35,256 435,505 1,209,316 11,630,536 4,417,798 4,033,148 1,907,359 589,419 1,652,411 12,600,135 (969,599) 81,526 40,777 62,081 (41,146) (1,083,856) (940,618) $ (1,910,217) CITY OF ROANOKE, VIRGINIA WATER POLLUTION CONTROL FUND COMPARATIVE INCOME STATEMENT FOR THE TWELVE MONTHS ENDING JUNE 30, 2004 (UNAUDITED) Operating Revenues Sewage Charges - City Sewage Charges - Roanoke County Sewage Charges - Vinton Sewage Charges - Salem Sewage Charges - Botetourt County Customer Services Interfund Services Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Revenues Nonoperating Revenues (Expenses) interest on Investments Capital Contributions - Other Jurisdictions Transfer to Department of Technology Fund Interest and Fiscal Charges Net Nonoperating Revenues (Expenses) Net Income FY 2004 $ 7,360,109 1,131,730 188,165 1,125,975 172,167 224,934 187,333 10,390,413 2,313,635 6,143,019 1,872,417 10,329,071 61,342 112,276 2,128,169 (190,000) (381,041) 1,669,404 FY 2003 $ 6,685,845 1,696,772 307,767 1,618,697 248,614 196,121 212,662 10,966,478 2,141,478 5,436,501 1,857,220 9,435,199 1,531,279 132,732 97,832 (27,248) (743,890) (54O,574) $ 1,730,746 $ 990,705 17 CITY OF ROANOKE, VIRGINIA CIVIC FACILITIES FUND COMPARATIVE INCOME STATEMENT FOR THE TWELVE MONTHS ENDING JUNE 30, 2004 (UNAUDITED) Operating Revenues Rentals Event Expenses Display Advertising Admissions Tax Electrical Fees Novelty Fees Facility Surcharge Charge Card Fees Commissions Catering/Concessions Other Total Operating Revenues FY 2004 $ 787,914 229,777 97,119 460,778 11,660 85,688 410,673 102,469 86,719 1,106,957 23,607 3,403,361 1,960,830 2,572,026 522,694 5,055,550 (1,652,189) Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Loss Nonoperating Revenues (Expenses) Interest on Investments Interest Expense Insurance Proceeds Flood Damage Reimbursements Virginia Municipal League Arena Ventures Contractual Penalties Transfer from General Fund Transfer from General Fund - Victory Stadium Transfer from Capital Projects Fund Transfer to Debt Service Fund Transfer to Department of Technology Fund Gain (Loss) on Disposal of Fixed Asset Capital Contributions Miscellaneous Total Nonoperating Revenues 14,756 23,453 11,865 117,505 902,130 216,005 260,000 (62,194) 6,674 3,799 2,771 1,496,764 $ (155,425) Net Income (Loss) FY 2003 $ 901,069 299,831 16,500 501,330 6,060 103,187 232,139 31,719 108,829 1,196,541 15,770 3,412,975 1,946,990 2,438,855 528,186 4,914,031 (1,501,056) 15,362 (648) 17,316 105,017 1,590,630 204,555 (69,330) (47,754) (15,352) 9,504 1,809,300 $ 308,244 18 CITY OF ROANOKE, VIRGINIA PARKING FUND COMPARATIVE INCOME STATEMENT FOR THE TWELVE MONTHS ENDING JUNE 30, 2004 (UNAUDITED) FY 2004 FY 2003 Operating Revenues Century Station Parking Garage Williamson Road Parking Garage Market Square Parking Garage Church Avenue Parking Garage Tower Parking Garage Gainsboro Parking Garage Williamson Road Surface Lots Norfolk Avenue Surface Lot Gainsboro Surface Lot Other Surface Lots 416,160 $ 375,841 544,167 437,708 238,228 226,431 596,783 493,818 447,520 401,597 96,791 40,017 83,148 74,714 63,433 58,699 43,479 36,668 145,628 85,545 Total Operating Revenues 2,675,337 2,231,038 1,025,185 1,149,816 541,429 549,355 1,566,614 1,699,171 1,108,723 531,867 Operating Expenses Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenues (Expenses) Interest on Investments Capital Contributions Transfer from General Fund (see Note) Transfer from Department of Technology Fund Interest and Fiscal Charges 18,663 30,874 157,476 2,845,800 123,487 78,000 (360,577) (589,221) Net Nonoperating Revenues (Expenses) 2,739,362 (434,860) $ 3,848,085 $ 97,007 Net Income Note: The Transfer from General Fund for FY 2004 was to redeem the Century Station Garage lease. 19 CITY OF ROANOKE, VIRGINIA MARKET BUILDING FUND INCOME STATEMENT FOR THE TWELVE MONTHS ENDING JUNE 30, 2004 (UNAUDITED) Operating Revenues Retail Space Rental Total Operating Revenues Operating Expenses Operating Expense Depreciation Total Operating Expenses Operating Loss Nonoperating Revenues Interest on Investments Transfer From Capital Projects Fund Transfer From General Fund Capital Contributions Miscellaneous Revenue Net Nonoperating Revenues Net Income (Loss) FY 2004 $ 256,015 256,015 485,065 7,729 492,794 (236,779) FY 2003 $ 134,868 134,868 147,695 3,743 151,438 (16,570) 2,061 1,839 295,000 1,000 289,220 950 450 4,011 586,509 $ (232,768) $ 569,939 2O CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED JUNE 30, 2004 TO THE DIRECTOR OF FINANCE: GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR THE FUNDS OF SAID CITY FOR THE MONTH ENDED JUNE 30, 2004. BALANCE AT BALANCE AT BALANCE AT FUND MAY 31, 2004 RECEIPTS DISBURSEMENTS JUNE 30, 2004 JUNE 30, 2003 GENERAL $8,163,778.11 $17,762,844.33 $22,216,139.20 $3,710,483.24 $6,892,845.04 WATER 5,798,951.35 589,099.77 1,201,642.83 5,186,408.29 4,501,628.33 WATER POLLUTION CONTROL 27,291,412.79 2,103,132.76 2,808,857.38 26,585,688.17 8,408,010.48 CIVIC FACILITIES 1,612,800.11 710,816.60 364,874.72 1,958,741.99 1,526,852.51 PARKING 1,214,304.87 238,423.07 28,462.08 1,424,265.86 572,878.14 CAPITAL PROJECTS 47,821,649.95 546,553.75 787,953.35 47,580,250.35 53,610,889.15 MARKET BUILDING OPERATIONS 124,889.86 19,801.47 48,798.91 98,892.42 296,182.81 CON FERENCE CENTER 3,783,771.31 0.00 12,021.98 3,771,749.33 3,879,267.63 DEBT SERVICE 14,316,398.00 853,474.23 120,130.50 15,049,741.73 14,423,091.49 DEPT OF TECHNOLOGY 3,941,072.32 203,421.31 443,371.24 3,701,122.39 5,153,797.52 FLEET MANAGEMENT 780,954.06 201,475.63 490,066.42 492,363.27 1,340,203.72 PAYROLL (12,524,230.45) 24,576,763.35 17,956,815.93 (5,904,283.03) (3,381,888.50) RISK MANAGEMENT 12,288,797.48 776,105.75 682,790.90 12,382,112.33 12,054,524.39 PENSION 973,657.43 2,589,821.44 3,165,849.75 397,629.12 607,069.63 SCHOOL FUND 6,639,728.39 6,270,757.63 6,730,030.70 6,180,455.32 11,497,911.18 SCHOOL CAPITAL PROJECTS 5,071,457.39 511,505.61 651,417.10 4,931,545.90 9,086,290.44 SCHOOL FOOD SERVICE 110,075.12 521,221.53 763,873.93 (132,577.28) 526,718.85 FD ETC (393.57) 16,847.40 15,349.56 1,104.27 62,450.58 GRANT 949,182.19 281,800.91 764,527.66 466,455.44 685,645.27 TOTAL $128,358,256.71 $58,773,866.54 $59,252,974.14 $127,879,149.11 $131,744,368.66 CERTIFICATE I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDED JUNE 30, 2004. THAT SAID FOREGOING: CASH CASH IN HAND CASH IN BANK INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS: COMMERCIAL HIGH PERFORMANCE MONEY MARKET LOCAL GOVERNMENT INVESTMENT POOL MONEY MANAGEMENT ACCOUNT REPURCHASE AGREEMENTS U. S. AGENCIES VIRGINIA AIM PROGRAM (U. S. SECURITIES) VIRGINIA RESOURCE AUTHORITY TOTAL $297,793.05 469,138.89 11,700,000.00 28,038,162.53 10,489,848.30 20,000,000.00 15,483,038.89 25,577,869.69 15,823,297.76 $127,879,149.11 JULY 19, 2004 EVELYN W. POWERS, TREASURER 2]- CITY OF ROANOKE PENSION PLAN COMPARATIVE STATEMENT OF CHANGES IN PLAN NET ASSETS FOR THE 12 MONTHS ENDED JUNE 30, 2004 (UNAUDITED) Additions: Employer Contributions Investment Income Net Appreciation (Depreciation) in Fair Value of Investments Interest and Dividend Income Total Investment Income (Loss) Less Investment Expense Net Investment Income (Loss) Total Additions (Deductions) FY 2004 $ 5,404,275 33,966,892 2,641,661 36,608,553 609,871 35,998,682 $ 4t,492,967 FY 2003 $ 4,674,288 4,032,917 3,311,489 71344,406 552,940 6,791,466 $ 11,465,754 Deductions Benefits Paid to Participants Administrative Expenses Total Deductions Net Increase (Decrease) Net Assets Held in Trust for Pension Benefits: Fund Balance July 1 Fund Balance June 30 $ 18,171,213 289,449 18,460,662 22,942,295 283,983,057 $306=925r352. $ 16,708,912 308,100 17,017,012 (5,551,258) 289,534,315 $283~983r057 22 CITY OF ROANOKE PENSION PLAN COMPARATIVE BALANCE SHEET JUNE 30, 2004 (UNAUDITED) Assets Cash Investments, at Fair Value Employer Contributions Receivable Accrued Investment Income Other Assets Total Assets FY 2003 $ 558,910 307,123,019 192,975 174,407 6,531 $ 308r055~842 FY 2003 $ 594,435 285,239,395 530,146 321,950 6,150 $ 286~692~076 Liabilities and Fund Balance Liabilities: Accounts Payable Payable for Cash Collateral on Loaned Securities Total Liabilities Fund Balance: Fund Balance, July 1 Net Gain (Loss) - Year to Date Total Fund Balance Total Liabilities and Fund Balance $ 169,307 $ 173,013 961,183 2,536,006 1,130,490 2,709,019 283,983,057 289,534,315 22,942,295, (5,551,258) 306,925,352 283,983,057 $ 308~055r842 $ 286r692T076 23 CITY OF ROANOKE, VIRGINIA SUMMARY OF CITY MANAGER TRANSFERS AND AVAILABLE CONTINGENCY June 30, 2004 Transfer Number Date General Fund: CMT-774 CMT-783 CMT-794 CMT-804 CMT-830 CMT-830 CMT-839 CMT-860 CMT-1634 CMT-865 CMT-865 CMT-1634 CMT-871 CMT-881 CMT-885 CMT-894 CMT-898 CMT-907 Explanation From 09/04/03 Purchase of New Police Vehicles Support Emergency Services 09/09/03 Coordinator Flood Damaged Equipment 10/10/03 Replacement Funding 12/03/03 Employee Tuition 03/14/04 February Presidential Primary Storage and Movement of Voting 03/14/04 Machines 04/06/04 Colonial Green Road Haul Project Project Management Fees For 04/16/04 DSS Relocation 05/13/04 Outreach Detention 4th of July Bus Shuttle and 05/13/04 Various Departmental Expenses 05/13/04 Various Departmental Expenses Youth Haven Year End 05/13/04 Expenditures 05/27/04 Chemical Spreader Stands 05/27/04 Restore Mini Grant Budgets 05/27/04 Restore Mini Grant Budgets 06/09/04 Employee Survey 06/17/04 Social Services HVAC Upgrade 06/30/04 Farmer's Market Awning Study Jail City Manager Parks Contingency (Pay Raise Supplemental) Contingency (Pay Raise Supplemental) Contingency (Pay Raise Supplemental) Residual Fringe Benefits Social Services - Administrative Youth Haven I Residential Fringe Benefits Residential Fringe Benefits Outreach Detention Residential Fringe Benefits Residential Fringe Benefits Residential Fringe Benefits Contingency ~ General Fund E911 Center Contingency - General Fund T_.~o Amount Fleet Management - Capital Outlay $ 55,000 Environmeutal Services and Emergency Management 45,873 Transportation - Streets & Traffic 20,662 Human Resources 40,000 Electoral Board 25,000 Electoral Board 7,400 Environmental Issues- Colonial Avenue 29,420 Civic Mall Relocation Furniture 13,165 Outreach Detention 18,000 Director of General Services 10,300 Purchasing 17,600 Youth Haven I 18,000 Transportation ~ Snow Removal 44,000 Police Services 13,256 Police Patrol 16,360 Human Resources 21,350 Facilities Management - BCAP Project 12,000 Farmers Market Improvement 10,000 24 CITY OF ROANOKE, VIRGINIA SUMMARY OF CITY MANAGER TRANSFERS AND AVAILABLE CONTINGENCY June 30, 2004 (CONTINUED) Transfer Number Date General Fund (Continued): CMT-910 CMT-910 CMT-919 CMT-939 CMT-941 Explanation From To 06/30/04 Technology Zone Incentives 06/30/04 Elmwood Park Landscaping 06/30/04 Building Maintenance Projects Fire Operations Wages and 08/06/04 Workem Compensation Fund Net Interest Expense of 08/06/04 General Fund All contingency transfers are listed on page 3, Water Fund: HTE System Conversion for CMT-842 04/08/04 Water Authority CMT-869 05/19/04 Mount Pleasant Tank Painting Capital Projects Fund: CMT-753 CMT-753 CMT-756 CMT-768 CMT-781 CMT-1543 CMT-1546 07/16/03 Trout Run Reconstruction Project 07/16/03 Trout Run Reconstruction Project 07/29/03 Fire Building Paving 08/26/03 Environmental Costs 09/09/03 10th Street Widening Project 09/10/03 Wonju Street Extension Project 09/16/03 Police Building Contingency - General Fund Contingency - General Fund Building Maintenance Contingency - General Fund Juvenile and Domestic Relations Court Services Consulting Services for Water Authority Interconnect Water Lines in North County Peters Creek Detention Basins Capital Improvement Reserve Capital Improvement Reserve Environmental Issues- PWSC VDOT Highway Projects VDOT Highway Projects Fire/EMS Facility Improvement Program Technology Zone Parks Facilities Management - BCAP Project Fire - Operations Miscellaneous Total General Fund AS/400 Replacement Water - Capital Outlay Total Water Fund Trout Run Culvert Repairs Trout Run Culvert Repairs Surface Lot Paving Environmental Issues- Colonial Ave 10th Street Widening Wonju Street Extension Police Building Design Phase II Amount 5,000 7,500 60,000 72,000 34,500 $ 596,386 $ 25,000 $ 75,000 $100,000 $ 15,844 3,723 15,000 31,649 60,000 48,892 50,022 25 CiTY OF ROANOKE, VIRGINIA SUMMARY OF CITY MANAGER TRANSFERS AND AVAILABLE CONTINGENCY June 30, 2004 (Continued) Transfer Number Date Explanation From Capital Proiects Fund (continued): Additional Moving Expenses for CMT-1556 11/03/03 Health and Human Services CMT-840 CMT-860 04/06/04 Colonial Green Road Haul Project Project Management Fees For 04/16/04 DSS Relocation CMT-1626 04/28/04 Miscellaneous Drainage Problems CMT-1637 05/14/04 1-581 Landscape Maintenance CMT-1637 CMT-1652 05/14/04 1-581 Landscape Maintenance US220 Cycle Systems Visual 06/03/04 Barrier Assessment Capital Improvement Reserve Residual Fringe Benefits Social Services - Administration Airpor{ Road Storm Drain Extension Public Improvement Bonds - Series 1999 Capital Improvement Reserve Capital Improvement Reserve CMT-898 06/17/04 Social Services HVAC Upgrade E911 Center Contingency - General CMT-907 06/30/04 Farmer's Market Awning Study Fund CMT-919 06/30/04 Building Maintenance Projects Building Maintenance Parkinq Fund: CMT-1561 Nonoperating Expense - Transfer Fund (Debt 12/01/03 Downtown West Parking Garage Reserve) Department Of Technoloqy Fund: HTE System Conversion for CMT-842 04/08/04 Water Authority Consulting Services for Water Authority Fleet Manaqement Fund: CMT-774 09/04/03 New Police Vehicles Jail T...~o Amount Civic Mall Relocation Furniture 72,040 Environmental Issues- Colonial Avenue 29,420 Civic Mall Relocation 13,165 Miscellaneous Storm Drains 11,037 Elm Avenue and 1581 Interchange 5,357 Elm Avenue and 1581 Interchange 4,643 Elm Avenue and 1581 Interchange 15,000 Facilities Management- BCAP Project 12,000 Farmers Market Improvements 10,000 Facilities Management - BCAP Project 60,000 Total Capital Projects Fund $ 457,792 Downtown West Parking Garage $ 25,000 Total Parking Fund $ 25,000 AS/400 Replacement $ 25,000 Total Department of Technology Fund $ 25,000 Fleet Management - Capital Outlay Total Fleet Fund $ 55,000 $ 55,000 26 CITY OF ROANOKE, VIRGINIA SUMMARY OF CITY MANAGER TRANSFERS AND AVAILABLE CONTINGENCY June 30, 2004 (Continued) Transfer Number Date Explanation Grant Fund: CMT-875 CMT-875 05/24/04 Substance Abuse Counselor 05/24/04 Substance Abuse Counselor From Juvenile and Domestic Relations Court Services Memberships & Affiliations To Enhanced Community Services CSU Enhanced Community Services CSU Total Grant Fund Amount $ 3,000 $ 9,500 $ 12,500 Notes: Under City Code section 2-121, the City Manager has authority to make transfers up to $75,000 between departments, and to make transfers of any amount within departments. The scope of this report is limited to interdepartment transfers that are $10,000 or greater. All contingency transfers are listed on the next page. 27 CITY OF ROANOKE, VIRGINIA SUMMARY OF CITY MANAGER TRANSFERS AND AVAILABLE CONTINGENCY June 30, 2004 (CONTINUED) Transfer Number Date Explanation Available Continqenc¥ Balance of Contingency at July 1,2003 Contingency Transfers: Technology Zone Incentive CMT-771 09/04/03 Payments CMT-777 09/09/03 Legal Expenses Downtown Roanoke, Inc. Website CMT-1547 09/19/03 Development Partners of Livable Communities CMT-1547 09/19/03 Downtown Wireless Project CMT-1548 CMT-786 CMT-1555 CMT-1559 CMT-803 CMT-810 09/22/03 Camp Virginia Jaycee Pigeon and Starling Population 09/22/03 Control 10/31/03 School Task Force Consultant Virginia Technology Capital 11/12/03 Access Forum 11/20/03 Deer Management Program 12/05/03 Virginia Municipal League CMT-1568 12/19/03 CMT-814 12/30/03 CMT-1574 01/14/04 CMT-1574 01/14/04 CMT-817 02/05/04 CMT-820 02/23/04 Event Zone Project Nexus Air Service Consulting US Customs Per/of Entry and Foreign Trade Zones Roanoke Regional Chamber of Commerce Membership Virginia Municipal League Project Nexus Air Service Consulting CMT-823 02/23/04 Housing Design Competition CMT-1598 03/01/04 Christmas in April Contingency Contingency Contingency Contingency Contingency Contingency Contingency Contingency Contingency Contingency Contingency Contingency Contingency Contingency Contingency Contingency Contingency Contingency 28 From T.~o Amount $ 660,710 Technology Zone (2,000) Economic Development (7,100) Memberships and Affiliations (10,000) Memberships and Affiliations (1,200) Memberships and Affiliations (20,000) Transportation- Streets and Traffic (10,000) City Manager (6,460) Membemhips and Affdiations (2,500) Police - Animal Control (37,000) Virginia Municipal League (35,000) Memberships and Affiliations (63,299) Regional Competitiveness Program (272) Memberships and Affiliations (18,882) Membemhips and Affiliations (7,595) Virginia Municipal League (18,000) Regional Competitiveness (14,354) Housing and Neighborhood Services (15,000) Memberships and Affiliations (500) CITY OF ROANOKE, VIRGINIA SUMMARY OF CITY MANAGER TRANSFERS AND AVAILABLE CONTINGENCY June 30, 2004 (CONTINUED) Transfer Number CMT-1598 CMT-1598 CMT-1598 CMT-835 CMT-831 CMT-832 CMT-837 CMT-855 CMT-863 CMT-1608 CMT-1619 CMT-1631 CMT-1638 Date Explanation Donation to Downtown Roanoke, Inc for H&C Coffee Sign 03/01/04 Restoration Local Government Attorneys of 03/01/04 Virginia Conference Mill Mountain Theatre 03/01/04 Underground Roanoke Project Hunter Viaduct Monument and 03/26/04 Plaque. 03/24/04 Randall Funding Contract Sponsor New Century Council 03/24/04 TechNite 04/02/04 Litigation Costs 04/13/04 City Council Administrative Costs 05/02/04 Additional Operational Expenses 04/02/04 Event Zone Start Up Costs 04/20/04 School Safety Task Force 04/30/04 Anticipated Operating Expenses 05/18/04 Higher Education Center Grant From Contingency Contingency Contingency Contingency Contingency Contingency Contingency Contingency Contingency Contingency Contingency Contingency Contingency Contingency CMT-891 06/07/04 Trout Run Oil Spill CMT-1671 06/24/04 Miss Virginia Pageant Contingency CMT-1675 06/28/04 School Safety Consultant Contingency Contingency Increases/(Appropriations) Through Budget Ordinances: FEMA Flood Damage Flood Damage BO-36564 12/15/03 Reimbursements Reimbursements BO-36600 01/26/04 Snow Removal Available Contingency at June 30, 2004 Contingency T._.~o Memberships and Affiliations Memberships and Affiliations Memberships and Affiliations Engineering Grant Writing Services Memberships and Affiliations Economic Development City Council Commissioner of Revenue Memberships and Affiliations City Manager City Manager Memberships and Affiliations Environmental Services and Emergency Management Memberships and Affiliations City Manager Contingency Transportation -Snow Removal Amount. (15,000) (1,5OO) (IO,OO0) (5,000) (57,000) (2,O0O) (70,000) (18,300) (19,660) (63,259) (7,700) (11,192) (25,000) (15,822) (3,300) (10,500) 105,776 (150,000) $ 12,091 29 CIT.Y.. OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk August l9,2004 Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk File #60-467 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 36815-081604 appropriating funds for the Addison Community Learning Center, the Patrick Henry Youth Court and the Patrick Henry High School Project, 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, August 16, 2004, and is in full force and effect upon its passage. sT 'L Mary F. Parker, CMC City Clerk MFP:ew Attachment Jesse A. Hall August 19, 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 16th day of August, 2004. No. 36815-081604. AN ORDINANCE to appropriate funding for the Addison Community Learning Center, Patrick Henry Youth Court and Patrick Henry High School Project, 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 Supervisors Compensation of Teachers Aides Compensation of Clerical Retirement - HIC VRS Social Security Retirement - VRS Health Insurance Indirect Costs Other Professional Services Conventions Education Educational & Recreational Supplies Professional Health Services Mileage Educational & Recreational Supplies Revenues Federal Grant Receipts Federal Grant Receipts 030-065-6337-6100-0124 $ 42,000 030-065-6337-6100-0141 52,080 030-065-6337-6100-0151 11,145 030-065-6337-6100-0200 231 030-065-6337-6100-0201 8,050 030-065-6337-6100-0202 3,036 030-065-6337-6100-0204 4,880 030-065-6337-6100-0212 2,010 030-065-6337-6100-0313 36,950 030-065-6337-6100-0554 1,723 030-065-6337-6100-0614 7,445 030-630-6873-6100-0311 ,53,600 030-630-6873-6100-0551 3,500 030-063-6873-6100-0614 5,500 030-065-6337-1102 169,550 030-063-6873-1102 62,600 School Capital Projects Fund Appropriations Appropriations From 2005 Bond Funds Schools 031-065-6066-6896-9138 031-060-9707-6896-9182 15,000,000 (15,000,000) 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. .~ Kathy G. Stockburger, Chairman Gloria P. Manns Robert J. Sparrow, Vice Chairman Alvin L. Nash William H. Lindsey Courtney A. Penn /..Roanoke City School Board P.O. Box 13145, Roanoke, Virginia 24031 · 540-853-2381 · Fax: 540-853-2951 David B. Trinkle, M.D. Doris N. Ennis, Acting Superintendent Cindy H. Lee, Clerk of the Board August 16, 2004 The Honorable C. Nelson Harris, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As the result of official School Board action at its meeting on August 10, the Board respectfully requests City Council to approve the following appropriations: $169,550.00 for the Addison Community Learning Center. The funds will be used to address the critical attendance, academic, and parental involvement needs of the community in a safe, supervised, and nurturing environment. The Addison Community Learning Center is designed to provide significant expanded learning opportunities that contribute to reduced drug use and violence as it assists students to meet or exceed local and state standards in core academic subjects. The activities to be provided include literacy education programs, senior citizen programs, integrated education, recreational and cultural programs, nutrition and health programs, expanded library services, telecommunication and technology training, parenting skills training, and support and training for child day care and youth services providers. This continuing program is one hundred percent reimbursed by federal funds. $62,600.00 for the Patrick Henry Youth Court. The funds will provide for the supervision and materials necessary to continue the school-based youth court at Patrick Henry, a voluntary program that will provide instruction in the legal process and will allow for alternative disciplinary actions. This continuing program is one hundred percent reimbursed by federal funds. $15,000,000.00 for Phase I construction costs of the Patrick Henry High School project. The funds are provided by City Bond funds. Thank you for your approval of this request. Sincerely, ee, Clerk 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, Jesse A. Hall Mr, Paul Workman (with accounting details) .Discovering the Wealth in All Children JESSE A. HALL Director of Finance cmail: jesse_h al I~ci.roanoke.va~us August 16, 2004 CITY OF ROANOICE 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 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 Harris and Members of City Council: As the result of official School Board action at its meeting on August 10, the Board respectfully requests City Council to approve the following appropriations: · $169,550 for the Addison Community Learning Center. The funds will be used to address the critical attendance, academic, and parental involvement needs of the community in a safe, supervised, and nurturing environment. The Addison Community Learning Center is designed to provide significant expanded learning opportunities that contribute to reduced drug use and violence as it assists students to meet or exceed local and state standards in core academic subjects. The activities to be provided include literacy education programs, senior citizen programs, integrated education, recreational and cultural programs, nutrition and health programs, expanded library services, telecommunication and technology training, parenting skills training, and support and training for child day care and youth services providers. This continuing program is one hundred percent reimbursed by federal funds. · $62,600 for the Patrick Henry Youth Court. The funds will provide for the supervision and materials necessary to continue the school-based youth court at Patrick Henry, a voluntary program that will provide instruction in the legal process and will allow for alternative disciplinary actions. This continuing program is one hundred percent reimbursed by federal funds. Honorable Mayor and Members of City Council August 16, 2004 $15,000,000 for Phase ~ construction costs of the Patrick Henry High School project. The Bond funds are being appropriated in advance of the fall issuance of the bonds so that the remaining contracts may be awarded on the project. City Council adopted resolutions to authorize issuance of the bonds in June 2003 and June 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 C: 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 Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk August 19, 2004 File #53-467 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36816-081604 authorizing and directing the City Manager to file an application with the Virginia Public School Authority seeking bond financing in an amount estimated not to exceed $1,300,000.00 to finance certain capital improvements to Lincoln Terrace Elementary School, previously approved pursuant to Resolution Nos. 36138-111802 and 36139-111802, adopted by Council at a regular meeting on Monday, November 18, 2002; and authorizing a public hearing to be held on Tuesday, September 7, 2004, at 7:00 p.m., or as soon thereafter as the matter may be heard in the City Council Chamber. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 16, 2004, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment Darlene L. Burcham Au~gust 19, 2004 Page 2 pc: J.esse A. Hall, Director of Finance William M. Hackworth, City Attorney Cindy H. Lee, Clerk, Roanoke City School Board, P. O. Box 13145, Roanoke, Virginia 24031 Kathy G. Stockburger, Chair, Roanoke City School Board, 2506 Cornwallis Avenue, S.E.,Roanoke, Virginia 24014 Sherman M. Stovall, Director, Office of Management and Budget George J. A. Clemo, 10 S. Jefferson Street, Roanoke, Virginia 24011 IN THE couNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of August, 2004. No. 36816-081604. A RESOLUTION authorizing and directing the City Manager to file an application with the Virginia Public School Authority seeking bond financing in an amount estimated not to exceed $1,300,000.00 to finance certain capital improvements to Lincoln Terrace Elementary School, previously approved pursuant to Resolutions No. 36138-111802 and No. 36139-111802, adopted by the Council at its November 18, 2002, meeting. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is hereby authorized and directed to file an application with the Virginia Public School Authority for bond financing in an amount estimated not to exceed $1,300,000.00 (the "Bonds") to finance capital improvements at Lincoln Terrace Elementary School. 2. The City Clerk is hereby authorized and directed to publish in accordance with applicable taw a public notice of public heating in connection with the proposed Bonds to be held on September 7, 2004. The undersigned Clerk.of the City of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the City Council held on August 16, 2004, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify (a) that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present, and (b) that the attendance of the members and voting on the foregoing resolution was as follows: Present C, Nelson Harris, Mayor v/ Beverly T. Fitzpatrick, Jr., Vice Mayor ~ M. Rupert Cutler v' Alfred T. Dowe, Jr. ~ Sherman P. Lea Brenda L. McDaniel ~/ Brian J. Wishneff u/ 2004. Absent Aye Nay Abstain WITNESS MY ltAND and the seal of the City of Roanoke, Virginia, this It~ay of Augnst, Clerk, City of Roanoke, Virginia  Kathy G. Stockburger, Chairman Gloria P. Manns Robert J. Sparrow, Vice Chairman Alvin L. Nash William H. Lindsey Courtney A. Penn /.-Roanoke City School Board P.O. Box 13145, Roanoke, Virginia 24031 · 540-853-2381 ° Fax: 540-853-2951 David B. Trinkle, M.D. Doris N. Ennis, Acting Superintendent Cindy H. Lee, Clerk of the Board August 16, 2004 The Honorable C. Nelson Harris, Mayor and Members of Roanoke City Council Roanoke, VA Dear Members of Council: As the result of official School Board action at its meeting on August 10, the Board approved the attached resolution to participate in the 2004 Interest Rate Subsidy Program Bond Issue. The proceeds of the bond issue will be used in lieu of the Literary Fund loan approved by the State for the Lincoln Terrace project. The School Board will pay the debt service on the VPSA ]~nterest Rate Subsidy Bond Issue. The use of the bond issue provides: · An interest rate of 3%--the same as the Literary Fund loan rate. · The debt will not count against the $20 million Literary Fund loan debt ceiling for the locality. · The first debt service payment will not be due until the 2005-06 fiscal year. Roanoke City Council is requested to approve a resolution indicating that Roanoke City desires to participate in the VPSA bond issue. No further action is required of the City at this time. If the application is approved by the VPSA board, Council will be requested to conduct a public hearing and perform any other procedural matters that may be required for participation in the VPSA bond issue. Discovering the Wealth in All Children Members of Council Page 2 August 16, 2004 The Roanoke City School Board appreciates the assistance of the City Administration in preparing the necessary resolution and documents required for participation in the VPSA bond issue. Sincerely, = Clerk of the Board re Enc. 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. ~lesse A. Hall '~1~ Kathy G. Stockburger, Chairman Gloria P. Manns Robert J. Sparrow, Vice Chairman Alvin L. Hash William H. Lindsey Courtney A. Penn /.-Roanoke City School Board P.O. Box 13145, Roanoke, Virginia 24031 · 540-853-2381 · Fax: 540-853-2951 David B. Trinkle, M.D. Doris N. Ennis, Acting Superintendent Cindy H. Lee, Clerk of the Board August 10, 2004 RESOLUTION REQUESTING THE CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA TO ISSUE GENERAL OBLIGATION SCHOOL BONDS FOR SCHOOL PURPOSES AND CONSENTING TO THE ISSUANCE THEREOF BE IT RESOLVED, 1) 2) The School Board of the City of Roanoke, Virginia hereby (i) approves capital improvements for the renovation of Lincoln Terrace Elementary School at an estimated cost of $2,154,103 (the "Project"), (ii) authorizes and approves the filing of an application to the Virginia Public School Authority ("VPSA") seeking interest rate subsidy bond financing in an amount not to exceed $1,300,000, and (iii) requests that the City Council of the City of Roanoke, Virginia, (the "City") authorize the City to issue its general obligation school bonds to be sold to VPSA in an aggregate principal amount not to exceed $1,300,000, for the purpose of financing a portion of the cost of the Project. This resolution shall take effect immediately by the following recorded vote: Yea Nay Kathy G. Stockburger, Chairman Robert 3. Sparrow, Vice-Chairman William H. Lindsey Gloria P. Manns Alvin L. Hash Courtney A. Penn David B. Trinkle The undersigned Clerk of the School Board of the City of Roanoke, Virginia hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the School Board held the '10th day of August, 2004. Discovering the Wealth in All Children WITNESS, my signature and seal of the School Board of the City of Roanoke, Virginia, this .day of August, 2004. (SEAL) Clerk, School Board of City of Roanoke, Virginia 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) 853-1145 August 19, 2004 Sherman A. Holland Commissioner of the Revenue Noel C. Taylor Municipal Building, Room 25! Dear Mr. Holland, At the most recent meeting of City Council, Vice-Mayor Bev Fitzpatrick asked that your office consider using the city's new branding logo when ordering vehicle decals for 2005. As you know this new logo is being used in numerous ways by the city to promote our image. I believe the current decals are of the city seal. Upon the request of Council, I am forwarding this suggestion to you for your consideration. I am available to talk with you further about this matter, or share any response back with the Members of Council. Thanks for all you do for the citizens of Roanoke, and if I can ever be of service please do not hesitate to call on me. With best personal regards, I am Sincerely, C. Nelson Harris Mayor CNH:jj Pc: /The Honorable Vice-Mayor and Members of Roanoke City Council / 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: ¢lerk@ci.roanok¢.va.us August 19,2004 STEPHANIE M. MOON Deputy City Cl©rk SHEILA N. HARTMAN Assistant City Clerk File #514 Daniel F. Laymen, Jr. Woods Rogers PLC P. O. Box 14125 Roanoke, Virginia 24038 Dear Mr. Layman: I am enclosing copy of Ordinance No. 36817-081604 permanently vacating, discontinuing and closing a certain public right-of-way in the City of Roanoke, Virginia, as more particularly described as the southernmost portions of Thyme Street, Linden Street, and Pink Street, S. E., at their intersections with Ivy Street. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 16, 2004, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosure Daniel F. Laymen, Jr. August 19, 2004 Page 2 pc: Mr. & Mrs. Mark A. Jamison, 532 Linden Street, S. E., Roanoke, Virginia 24014 Mr. Bill R. Yopp, P. O. Box 18072, Roanoke, Virginia 240:~4 Mr. and Mrs. Kenneth Potter, 1321 Sylvan Road, S. E., Roanoke, Virginia 24014 Darlene L. Burcham, City Manager 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, 283! Stephenson Avenue, S. W., Roanoke, Virginia 240:~4 Martha P. Franklin, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of August, 2004. ~o. 36817-081604. , ~N ORDINANCE permanently vacating, discontinuing and closing a certain public right-off way in the City of Roanoke, Virginia, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. WHEREAS, C. Douglas Corbin and Aha P. Corbin filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by {}30-14, Code of the City of Roanoke (1979), as mended, and after having conducted a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held on such application by the City Council on August 16, 2004, after due and timely notice thereof as required by {}30-14, Code of the City of Roanoke (1979), as mended, at which heating all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing fi.om the foregoing that the land proprietors affected by the requested closing'of the subject public right-of-way have been properly notified; and WHEREAS, fi.om all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public fi.om permanently vacating, discontinuing and closing such public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: Those southernmost portions of Thyme Street, S.E., Linden Street, S.E., and Pink Street, S.E., at their intersections with Ivy Street, S.E. be, and are hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any utility company or public authority, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sanitary sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across such public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains . or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal fi'om the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Cimuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way, and with such plat containing the following statement: "The subdividers hereby declare that the combined parcel shown hereon shall, from and 2 after the date of recordation of this plat, be subject to the restriction that it shall not be further subdivided." BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, V.!rginia, a certified copy of this ordinance for recordation where deeds are recorded in such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE 1T FURTHER ORDAINED that if the above conditions have not been met within a period of twelve (12) momhs from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. BE IT FINALLY ORDAINED that pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~Ci~rk.~~ CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: pla n ning(~ei.roa noke.va.us August 16, 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: Request from C. Douglas Corbin and Ana P. Corbin, represented by Daniel F. Layman, Jr., attorney, that the southernmost portions of Thyme, Linden, and Pink Streets, S.E., at their intersections with Ivy Street, S.E., be permanently vacated, discontinued and closed. Planning Commission Action: Public hearing was held on Thursday, July 15, 2004. There was no one present to speak for or against the petitioner. By a roll call vote of 7-0, the Commission recommended that City Council close the southernmost portions of Thyme, Linden and Pink Streets. Background: The petitioners request vacation of portions of Thyme, Linden and Pink Streets, S.E. The subject portions of right-of-way are unimproved. The petitioners' driveway currently extends across the subject portion of Linden Street between Official Tax Map Nos. 4041711 and 4041813. The petitioners own adjoining parcels, Official Tax Map Nos. 4041711,4041813, and 4041908 - 1041910 inclusively. Official Tax Map No. 4041405, which adjoins Pink Street to the northeast, is not owned by the petitioners. Dan Layman, attorney, spoke on behalf of the petitioners. Mr. Layman and staff both explained that the petitioners would be required to combine all of their parcels with the vacated portions of right-of-way and agree not to further subdivide the parcel thereafter. Mrs. Prince asked if the petitioners would be permitted to tear down their existing home and rebuild a much larger one. Staff advised that there would be no restrictions permitting the petitioners from building a larger home in the future. Mr. Rife said that despite his statement in the previous hearing that all rights-of-way and alleys should be sold, he felt that the conditions for the vacation helped both the City and the petitioners. Mr. Manetta and Mr. Williams both expressed concern with this possibility and asked if there were any way to prevent such a scenario. Staff advised that Mr. Layman could speak on behalf of the petitioners if they were willing to agree to additional conditions. Considerations: The petitioners' properties on the southern side of Thyme Street, Official Tax Map Nos. 4041908 -4041910 inclusive, are zoned C-1, Office District, with proffers. The petitioners' other properties are zoned RS-3, Residential Single- family, High Density District. The petitioners' properties are vacant with the exception of Official Tax Map Nos. 4041813 and 4041711. The petitioners' house sits on Official Tax Map No. 4041813 with a driveway that spans across the paper portion of Linden Street, Official Tax Map No. 4041711, and onto Ivy Street. Southeast of the petitioners' properties across the paper portion of Ivy Street, is RS-2, Residential Single-family, Medium Density District. The properties adjacent to the petitioners' and in the surrounding neighborhood of Walnut Hill, are predominantly single-family residential. A few multifamily dwellings are downhill from the petitioners on Belleview Avenue. The Mill Mountain Greenway runs along Prospect Road and will not be affected by the proposed vacation. Staff received one public comment, which suggested that some of the rights-of-way be used to connect trails on Mill Mountain. However, this is not currently included in any adopted plan. Staff received comments from AEP and Roanoke Gas. AEP stated that it would not be affected by the vacation provided that an easement is maintained. Roanoke Gas operates a gas main line between 501 and 535 Linden Street, and indicated that it will need to maintain an easement. Staff received comments from the former Water Division of the Department of Utilities, which stated that sewer or water lines extend about 40 feet into the section of Linden Street that is requested for vacation. Staff did not receive any other comments in support of or in opposition to the requested closure. The Department of Real Estate Valuation assessed the value of the subject rights-of-way as $18,100, based on C-1 and RS-3 zoning at a rate of .90 per square foot. The proposed vacation will consolidate the Petitioners' property, but limit the Petitioners' potential frontage to Ivy Street only. A Policy from the Environmental, Cultural, and Historic Resources chapter of Vision 2001-2020 states: EC P3: "Roanoke will protect steep slopes, ridgetops, and viewsheds within the City as important environmental and scenic resources and will cooperate regionally to protect such resources located outside of the City." Vision 2001-2020 addresses the goal of preserving ridges and limiting development on steep slopes to both limit environmental impacts and protect viewsheds that are visible throughout the valley. Recommendation: By a vote of 7-0, the Planning Commission recommends approval of the petitioners' request, subject to the conditions listed below and further recommends that the petitioners not be charged for the rights-of-way. In exchange, the petitioners will record a plat combining all parcels and vacated rights-of-way into one single parcel. The plat shall state that the combined property will not be further subdivided. The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Said plat shall combine Official Tax Map Numbers 4041711,4041813, and 4041908 - 1041910 inclusively and the right of way to be vacated in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right-of-way, including the right of ingress and egress. It shall contain a statement that the applicants agree not to subdivide the combined parcel reading as follows: "The subdividers hereby declare that the combined parcel shown hereon shall, from and after the date of recordation of this plat, be subject to the restriction that it shall not be further subdivided." Upon meeting all other conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. If the above conditions have not been met within a period of one year from the date of adoption of this ordinance, then this ordinance shall be null and void with no further action by City Council being necessary. Respectfully submitted, Robert B. Manetta, ~hairman City Planning Commission Darlene L. Burcham, City Manager Rolanda Russell, Assistant City Manager for Community Development Steven J. Talevi, Assistant City Attorney Daniel Layman, Attorney for the Petitioner Right-of-Way Vacation: Thyme, Linden, and Pink Streets, SE 4040915 4041701 4041401 4041416 4O415O2 4041709 4O502O1 40418O6 Lq41711 4O5O305 4041813 4041910 Su~e~ Ms-of-Way 4050102 VIRGFNIA: In re: IN THE COUNCIL OF THE CITY OF ROANOKE VACATION OF PORTIONS OF THYME ) STREET, S.E., LINDEN STREET, S.E., ) AND PINK STREET, S.E., IN THE CITY ) OF ROANOKE, VIRGINIA ) Application of C. Douglas Corbin and Aha P. Corbin TO: The Honorable Mayor and Members of City Council (1) C. Douglas Corbin and Ana P. Corbin, husband and wife ("Petitioners"), apply to have the southeastemmost portions of Thyme Street, S. E., Linden Street, S.E., and Pink Street, S.E., at their intersections with Ivy Street, S.E., in the City of Roanoke, Virginia, permanently vacated, discontinued, and closed pursuant to Section 15.2-2006, Code of Virginia, and Section 30-14, Code of the City of Roanoke (1979), both as amended. (2) The portion of Thyme Street to be closed is forty (40) feet wide and approximately one hundred ninety (I 90) feet long; the portion of Linden Street to be closed is forty-six (46) feet wide and approximately one hundred forty-two (142) feet long; and the portion of Pink Street to be closed is forty (40) feet wide and one hundred fifty (150) feet long. Each portion lies at the extreme southeast end of each street and is shown cross-hatched on the "Physical Improvement Survey for C. Douglas Corbin and Aha P. Corbin" made by Balzer and Associates, Inc. dated May 2, 2003, a copy of which is attached to this Application as Exhibit A. (2) Petitioners are the owners of the parcels of land on both sides of the subject portions of Thyme and Linden Streets and adjacent to the southwest side of the subject portion of Pink Street. The lots owned by petitioners are identified by City of Roanoke Official Tax Nos. RKE# 0833140 WPD-L 999999-999999 4041908, 4041909, 4041910, 4041813, and 4041711, all shown on the copy of a portion of City Appraisal Map Sheet 404 which is attached to this Application as Exhibit B. (3) None of these streets is improved, and the land across which they pass is so steep as to make development of the streets impractical and unlikely. Over the years, previous owners of Petitioners' lots have treated the entire tract, including the subject streets, as a single parcel and have constructed improvements without regard to lot and street lines, all as shown on attached Exhibit A. Petitioners desire, by the requested closures, to eliminate these technical encroachments on dedicated public streets and to consolidate these lots into a single parcel, with all major improvements within the property lines. (4) Petitioners have consulted the owners of the lots adjoining theirs to the northwest, and none objects to the proposed closure. (Adjoining owners are listed on Exhibit C to this Application.) Petitioner believes that no inconvenience to the public or to any landowner will result from the closings hereby requested. (5) Petitioners further request that no charge be imposed for the transfer to them of the land underlying the streets to be closed. In consideration of that waiver of any sale price, petitioners suggest and proffer that closure of the streets be made subject to the condition that, within six (6) months after the effective date of the ordinance closing the streets, petitioners shall submit for the City's approval a plat of subdivision (a) combining their lots identified by City of Roanoke Official Tax Nos. 4041908, 4041909, 4041910, 4041813, and 4041711, and the portions of the closed streets which will accrue to their ownership after closure, into a single tax parcel and (b) imposing on that combined parcel a restriction against future subdivision, reading substantially as follows (subject to final review and approval by the City Attorney): "The RKE# 0833140 WPD-1, 999999-999999 2 subdividers hereby declare that the combined parcel shown hereon shall, from and after the date of recordation of this plat, be subject to the restriction that it shall not be further subdivided. This restriction shall be a covenant running with the title to the combined parcel and shall be for the benefit of, and enforceable by, the City of Roanoke." WHEREFORE, C. Douglas Corbin and Ana P. Corbin respectfully request that the above-described portions of Thyme Street, S.E., Linden Street, S.E., and Pink Street, S. E., be vacated, discontinued and closed by the Council of the City of Roanoke in accordance with Section 15.2-2006, Code of Virginia, and Section 30-14, Code of the City of Roanoke, both as amended to date. Date: Daniel F. Layman, Jr. Z_,L) Woods Rogers PLC P. O. Box 14125 Roanoke, VA 24038 (703) 983-7653 Counsel for Petitioners Respectfully, ANA P. CORB1N RKE# 0833140 WPD.1,999999-999999 3 k \ \ \ \ R/W Tax Number 4050101 4041907 4041809 4041710 4041405 4050201 Exhibit C To Application of C. Douglas and Ana P. Corbin Adjoining Property Owners Name Joann P. Jones Kenneth S. Shfiver, Jr. Dorothy K. Shriver Dolores K. Moore Mark A. Jamison Susan E. Jamison Kenneth N. Potter Stacy S. Potter Address~ 1620 Belleview Avenue, SE Roanoke, VA 24014 1318 Clarke Avenue, SW Roanoke, VA 24016-4902 c/o Roger Yopp P. O. Box 18072 Roanoke, VA 24024-0792 532 Linden Street, SE Roanoke, VA 24014 1321 Sylvan Road, SE Roanoke, VA 24014-2511 RKE# 0833140.WPD-I, 999999-999999 Z~ The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times .................................................. + ........................ LAYMAN, DANIEL F., P.O. BOX 14125 ROANOKE VA 24038 JR., ATTY. REFERENCE: 80120496 03076261 Thyme Street State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this ~__~ day of ~ 2004. Witness my hand and ~i~ seal. My PUBLISHED ON: 07/30 08/06 TOTAL COST: FILED ON: 250.64 08/06/04 Signature: ........... Billin9 Services Representative NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Heating on Monday, August 16, 2004, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., on an application to permanently abandon, vacate, discontinue and close, to the extent the City has any legal interest in such public right-of-way, the following public right-of-way: Those southernmost portions of Thyme Street, S.E., Linden Street, S.E., and Pink Street, S.E., at their intersections with Ivy Street, S.E. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building. All parties in interest may appear on the above date and be heard on the question. If you are a person with a disability who needs accommodations for this public heating, contact the City Clerk's Office, 853-2541, by 12:00 noon on Thursday, August 12, 2004. G1VEN under my hand this 28th day of July .,2004. Mary F. Parker, City Clerk. H:/NOTICES\N ST CLOS-CORBYbl-081604 DOCDensn~oreRDO$ I $03 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk(~ci.roanok¢.va.us August5,2004 File #514 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk DanielF. Layman, jr. Woods Rogers PLC P.O. gox 14125 Roanoke, Virginia 24038 Dear Mr. Layman: 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, August 16, 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 C. Douglas and Ana P. Corbin that the southernmost portions of Thyme, Linden and Pink Streets, S.E., at their intersections with Ivy Street, be permanently vacated, discontinued and closed. For your information, I am enclosing copy of a report of the City Planning Commission and a notice of the public hearing. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 540-853-2431. Questions with regard to the City Planning Commission report should be directed to the Department of Planning, Building and Development at 540-853-1730. N:\CCPS l~Public Hearings 2004~August 04~August 2004 Attorney and Adjoining Propety Owners Letters.doc Daniel F. Layman, Jr. August 5, 2004 Page 2 It will be necessary for you, or your representative, to be present at the August 16 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosure N:\CCPS 1 ~Public Hearings 2004L4.ugust 04~August 2004'Attorney and Adjoining Propety Owners Letters.doc MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Chumh Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk~ci.roanoke.va.us August 5, 2004 File #514 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Mr. & Mrs. Mark A. Jamison 532 Linden Street, S. E. Roanoke, Virginia 24014 Mr. Bill R. Yopp P. O. Box 18072 Roanoke, Virginia 24014 Mr. and Mrs. Kenneth Potter 1321 Sylvan Road, S. E. Roanoke, Virginia 24014 Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted bythe Councilofthe City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, August 16, 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 C. Douglas and Ana P. Corbin that the southernmost portions of Thyme, Linden and Pink Streets, S. E., at their intersections with Ivy Street, be permanently vacated, discontinued ahd closed. The City Planning Commission is recommending that Council approve the request for street closures. 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' ff~~ Mary F. Parker, CMC City Clerk MFP:sm N:\CCPS l\Public Hearings 2004~August 04XAugust 2004 Attorney and Adjoining Propety Owners Letters.doc NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING COMMISSION TO WHOM IT MAY CONCERN: The City of Roanoke Planning Commission will hold a public heating on Thursday, July 15, 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 C. Douglas Corbin and Ana P. Corbin, represented by Daniel F. Layman, Jr., attomey, that the southernmost portions of Thyme, Linden, and Pink Streets, S.E., at their intersections with Ivy Street, S.E., be permanently vacated, discontinued and closed. A copy of the application is available for review in the Department of Planning Building and Development, Room 166, Noel C. Taylor Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person who needs accommodations for this 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 prim in newspaper on Tuesday, June 29 and July 6, 2004 Please bill: Please send Affidavit of publication to: Daniel F. Layman, Jr. Woods Rogers PLC P OBox 14125 Roanoke, VA 24038 (540) 983-7653 Martha P. Franklin Planning Building and Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 (540) 853-6874 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE CLOSURE REQUEST OF: C. Douglas and Ana Corbin for pt. of Thyme, Pink & Linden Streets, S.E. COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) Parcel 4041710 ) ) AFFIDAVIT The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 15th day of June, 2004, notices of a public hearing to be held on the 15th day of July, 2004, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Owner's Name Mailing Address Mark~ ~. ~ Bill Roger Yopp 4041809 4041813 4041908 4041909 4041910 4041711 4041405 4050201 Petitioner Kenneth & Stacy Potter City of Roanoke MaAha Pace Franklin 532 Linden Street, SE Roanoke, VA 24014 P O Box18072 Roanoke, VA 24014 1321 Sylvan Road, SE Roanoke, VA 24014 4050306 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 15 th day of June, 2004. Notary Public My Commission Expires: o~-,~,~' --(3""/ MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk(~ci.roanok¢.va.us June 2, 2004 File #514 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 30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application received in the City Clerk's Office on June 1, 2004, from Daniel F. Layman, Jr., Attorney, representing C. Douglas and Anna P. Corbin, requesting that portions of Thyme Street, Linden Street, and Pink Street, S. E., at their intersections with Ivy Street, be permanently vacated, discontinued and closed. Sincerely, ~lary F. Parker, CMC ity Clerk MFP:sm Enclosures Robert B. Manetta June 2, 2004 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Council Member-Elect Sherman P. Lea Council Member-Elect Brian J. Wishneff Daniel F. Layman,Jr., Attorney, P. O. Box 14125, Roanoke, Virginia 24035 Susan S. Lower, Director, Real Estate Valuation Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Edward R. Tucker, City Planner, II VIRGiNIA: In re: IN THE COUNCIL OF THE CITY OF ROANOKE VACATION OF PORTIONS OF THYME ) STREET, S.E., LINDEN STREET, S.E., ) AND PS STREET, S.E., IN THE CITY ) OF ROANOKE, VIRGINIA ) Application of C. Douglas Corbin and Ana P. Corbin TO: The Honorable Mayor and Members of City Council (1) C. Douglas Corbin and Ana P. Corbin, husband and wife ("Petitioners"), apply to have the southeastemmost portions of Thyme Street, S. E., Linden Street, S.E., and Pink Street, S.E., at their intersections with Ivy Street, S.E., in the City of Roanoke, Virginia, permanently vacated, discontinued, and closed pursuant to Section 15.2-2006, Code of Virginia, and Section 30-14, Code of the City of Roanoke (1979), both as amended. (2) The portion of Thyme Street to be closed is forty (40) feet wide and approximately one hundred ninety (190) feet long; the portion of Linden Street to be closed is forty-six (46) feet wide and approximately one hundred forty-two (142) feet long; and the portion of Pink Street to be closed is forty (40) feet wide and one hundred fifty (150) feet long. Each portion lies at the extreme southeast end of each street and is shown cross-hatched on the "Physical Improvement Survey for C. Douglas Corbin and Ana P. Corbin" made by Balzer and Associates, Inc. dated May 2, 2003, a copy of which is attached to this Application as Exhibit A. (2) Petitioners are the owners of the parcels of land on both sides of the subject portions of Thyme and Linden Streets and adjacent to the southwest side of the subject portion of Pink Street. The lots owned by petitioners are identified by City of Roanoke Official Tax Nos. RKE# 0833140.WPD-1,999999-999999 4041908, 4041909, 4041910, 4041813, and 404171 l, all shown on the 6opy ora portion of City Appraisal Map Sheet 404 which is attached to this Application as Exhibit B. (3) None of these streets is improved, and the land across which they pass is so steep as to make development of the streets impractical and unlikely. Over the years, previous owners of Petitioners' lots have treated the entire tract, including the subject streets, as a single parcel and have constructed improvements without regard to lot and street lines, all as shown on attached Exhibit A. Petitioners desire, by the requested closures, to eliminate these technical encroachments on dedicated public streets and to consolidate these lots into a single parcel, with all major improvements within the property lines. (4) Petitioners have consulted the owners of the lots adjoining theirs to the northwest, and none objects to the proposed closure. (Adjoining owners are listed on Exhibit C to this Application.) Petitioner believes that no inconvenience to the public or to any landowner will result from the closings hereby requested. (5) Petitioners further request that no charge be imposed for the transfer to them of the land underlying the streets to be closed. In consideration of that waiver of any sale price, petitioners suggest and proffer that closure of the streets be made subject to the condition that, within six (6) months after the effective date of the ordinance closing the streets, petitioners shall submit for the City's approval a plat of subdivision (a) combining their lots identified by City of Roanoke Official Tax Nos. 4041908, 4041909, 4041910, 4041813, and 4041711, and the portions of the closed streets which will accrue to their ownership after closure, into a single tax parcel and (b) imposing on that combined parcel a restriction against future subdivision, reading substantially as follows (subject to final review and approval by the City Attomey): "The RKE# 0833140 WPD*I, 999999-999999 '~ subdividers hereby declare that the combined parcel shown hereon shall} fi.om and after the date of recordation of this plat, be subject to the restriction that it shall not be further subdivided. This restriction shall be a covenant running with the title to the combined parcel and shall be for the benefit of, and enforceable by, the City of Roanoke." WHEREFORE, C. Douglas Corbin and Ana P. Corbin respectfully request that the above-described portions of Thyme Street, S.E., Linden Street, S.E., and Pink Street, S. E., be vacated, discontinued and closed by the Council of the City of Roanoke in accordance with Section 15.2-2006, Code of Virginia, and Section 30-14, Code of the City of Roanoke, both as amended to date. Woods Rogers PLC P. O. Box 14125 Roanoke, VA 24038 (703) 983-7653 Connsel for Petitioners Respectfully, C. D~UGL~S ~)RBIN ANA P. CORBIN RKE# 0833140.WPD-1, 999999-999999 3 R/W S.E. ~' R/W A Tax Number 4050101 4041907 4041809 4041710 4041405 4050201 Exhibit C To Application of C. Douglas and Ana P. Corbin Adjoining Property Owners Name Joann P. Jones Kenneth S. Shriver, Jr. Dorothy K. Shriver Dolores K. Moore Mark A. Jamison Susan E. Jamison Kenneth N. Potter Stacy S. Potter Address 1620 Belleview Avenue, SE Roanoke, VA 24014 1318 Clarke Avenue, SW Roanoke, VA 24016-4902 c/o Roger Yopp P. O. Box 18072 Roanoke, VA 24024-0792 532 Linden Street, SE Roanoke, VA 24014 1321 Sylvan Road, SE Roanoke, VA 24014-2511 RKE# 0833140 WPD-1, 999999-999999 L 50. O0 50.00' R/W 50. O0 50. 00' S.E. 45' R/W I 40' 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 August 19,2004 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk File #514 Mr. Hugh Kanode, Trustee Chair Hollins Road Church of the Brethren 2404 Hollins Road, N. E. Roanoke, Virginia 24012 Dear Mr. Kanode: I am enclosing copy of Ordinance No. 36818-081604 permanently vacating, discontinuing and closing a certain public right-of-way in the City of Roanoke, Virginia, as more particularly described as a certain alley running between the 800 blocks of Palmer Avenue and Liberty Road, N. E. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 16, 2004, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosure Mr. Hugh Kanode, Trustee Chair H611ins Road Church of the Brethren August 19, 2004 Page 2 pc: I~r. & Mrs. John Burleson, 815 Liberty Road, N. E., Roanoke, Virginia 24012 Ms. Doris E. Fitzgerald, 2434 Hollins Road, N. E., Roanoke, Virginia 24012 Darlene L. Burcham, City Manager The Honorable Evelyn W. Powers, City Treasurer Jesse A. Hall, Director of Finance Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer 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 16th day of August, 2004. No. 36818-081604. , AN ORDINANCE permanently vacating, discontinuing and closing a certain public right-of- x~ay in the City of Roanoke, Virginia, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. WHEREAS, Hollins Church of the Brethren filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by {}30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held on such application by the City Council on August 16, 2004, after due and timely notice thereof as required by {}30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That certain alley running between the 800 blocks of Palmer Avenue, N.E., and Liberty Road, N.E. be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any utility company or public authority, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sanitary sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across such public fight-of-way, together with the fight of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such fight to include the fight to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal fi.om the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with taw, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the fight-of-way. 2 BE IT FURTHER oRDAINED that prior to receiving all required approvals of the subdivision plat referenced in the previous paragraph, the applicant shall give to the Treasurer for the City of Roanoke a certified check or cash in the amount of Two thousand dollars and no cents ($2,000.00) as consideration for this action taken by City Council. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of thc City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees, and ' pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of twelve (12) months fi.om the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. BE IT FINALLY ORDAINED that pursuant to the provisions of Section 12 of the City Charter, thc second reading of this ordinance by title is hereby dispensed with. City Clerk. Architectural Review Board Board of Zoning Appeals Planning Commission CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning¢)cl.roanoke, va.us August 16, 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: Request from Hollins Road Church of the Brethren, Doris P. Fitzgerald, John Howard Burleson and Melba Webb Burleson that an alley running between the 800 blocks of Palmer Avenue and Liberty Road, N.E., be permanently vacated, discontinued and closed. Planning Commission Action: Public hearing was held on Thursday, July 15, 2004. After discussion, the Commission, by a roll call vote of 7-0, recommended that City Council close the alley and charge a price of $2,495 for the right-of-way. Background: The petitioners are requesting closure of an improved alley. The Hollins Road Church of the Brethren initiated the petition to pursue construction of an accessory structure on Official Tax Map No. 3131204. The owners of the two other adjoining properties have agreed to be co-petitioners and will provide easements across their respective portions of the vacated alley. Douglass Noel spoke on behalf of the Hollins Road Church of the Brethren and the co-petitioners. Mr. Noel stated that the church paved the alley in 1955 and had maintained it since. Mr. Noel stated that the church wished to vacate the alley to combine its two properties and prevent the alley from being used by people who use it as a meeting place, parking there during evening hours. Mr. Noel also stated that the church does not think it should have to pay for the alley since it has paved and maintained it, and because the City has given larger streets and alleys away to churches in the past, such as Marshall Avenue to First Baptist Church. Mr. Manetta said that the church had already built most of a picnic structure without a permit. Staff clarified that the church did have a permit, but it was issued in error as the structure was built on a parcel across the alley rather than on the lot for which the permit was issued. Mr. Manetta noted then that the alley vacation would make the development legal. The Planning Commission engaged in a discussion regarding the sale of rights-of-way and alleys. Mr. Manetta, Mr. Rife, Mr. Williams, Mr. Chrisman and Ms. Prince agreed with the policy of selling most vacated rights-of-way and alleys. Ms. Prince and Mr. Manetta noted that the alley would allow the church to create one large lot that is of much greater value than their current properties which are not combined. Mr. Noel argued that it would cost the church a great deal to repave and buy the alley, and that the church shouldn't have to pay for it because it has maintained it for many years. Considerations: All of the adjoining properties are zoned RM-1, Residential Multifamily, Low Density District. Aside from the church, the rest of the block consists of single-family houses. Staff received comments from AEP, Roanoke Gas, and Verizon, all of which stated they have no opposition to the request. Staff received comments from the former Water Division of the Department of Utilities which stated no sewer or water facilities are associated with the alley. Staff did not receive any other comments in support of or in opposition to the requested closure. The alley is approximately 10 feet wide and 462 feet long for a total of 4,851 square feet. The Department of Real Estate Valuation assessed the value at $2,495 based on its RM-1 zoning at a rate of $0.54 per square foot. Vacation of the subject alley would allow the Hollins Road Church of the Brethren to construct an adequately sized picnic shelter as an accessory structure on what is now Official Tax Map No.3131204. The zoning ordinance allows accessory structures in RM-1, provided that the combined square footage of all such structures does not exceed 40% of the primary structure. At present, a 1,092 square foot house constitutes the primary structure on Official Tax Map No.3131204. The church building is 12,801 square feet. If the alley is vacated and the church combines these parcels, a picnic shelter no more than 4,028 square feet could be built. Recommendation: By a vote of 7-0, the Planning Commission recommends approval of the petitioner's request, subject to the conditions listed below and further recommends that the petitioners be charged a price of $2,495 for the alley. The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Said plat shall combine all properties which would otherwise dispose of the land within the right of way to be vacated in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right-of-way, including the right of ingress and egress. Upon meeting all other conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. If the above conditions have not been met within a period of one year from the date of adoption of this ordinance, then this ordinance shall be null and void with no further action by City Council being necessary. Respectfully submitted, Robert B. Manetta, Chairman City Planning Commission CC: Darlene L. Burcham, City Manager Rolanda Russell, Assistant City Manager for Community Development Steven J. Talevi, Assistant City Attorney Petitioner Alley Vacation: Palmer Ave & Liberty Rd, NE 3131503 325020~ 3131101 3131102 3131103 3250303 313 3131207 3131201 32503O4 __ Subject Alley 3250302 3250401 3131104 3131105 3131205 3131204 3131208 3131209 C-2 3250301 3121701 3121207 125 3121412 3121411 3121413 3121410 3121414 3121409 3121408 3121512 3121511 3121510 3121509 3121508 3121507 3121506 3121505 3121513 3121514 3121515 3121516 3121702 31217O3 3121704 3121705 3121706 3121707 3121708 3121709 3121710 3121711 3121712 31217 312 tN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Application of Hollins Road Church of the Brethren for vacation of the alley between Palmer Ave & Liberty Rd. APPLICATION FOR VACATING, DISCONTINUING AND CLOSING OF ALLEY MEMBERS OF COUNCIL: Hollins Road Church of the Brethren, Doris P. Fitzgerald, John Howard Burleson and Melba Webb Burleson are applying to have the alley between the 800 block of Palmer Avenue and the 800 block of Liberty Road, in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.2-2006 and Section 30-14, Code of the City of Roanoke (1979), as amended. This alley is more particular described on the map attached and as fotlows: Hollins Road Church of the Brethren states that the grounds for this application are as follows: (1) All landowners whose property adjoins the property to be vacated have been notified and are in agreement with this application. Attached is a list... (2) The property to be vacated is presently being used as egress and ingress to our parking lot. (3) The applicant desires to use the property to be vacated for joining our 2 parcels of land (4) All of the alley between the 800 block of Palmer Ave, NE and the 800 block of Liberty Ave NE will be vacated and an access easement will be granted to all adjoining owners. WHEREFORE, Hollins Road Church of the Brethren respectfully requests that above described alley be vacated by the Council of the City of Roanoke, Virginia, in accordance with the Virginia Code Section 15.2-2006 and Section 30-14, Code of the City of Roanoke (1979), as amended. Respectfully submitted, Hugh'Ka~fode - Trustee Chair, Hollins Road Church of the Brethren 2404 Hollins Road NE Roanoke, Virginia 540-362-0922 Date J~hn Howard Burleson Date Melba Webb Burleson 815 Liberty Road Roanoke, VA 24012 540-966-4091 or 540-580-9602 Doris P. Fitzgerald 2434 Hollins Road NE Roanoke, VA 24012 540-366-2969 Date Date Alley Vacation: 800 Blocks of Palmer & Libert Rd, NE ~,~' Subject Alley LIST OF ADJOINING PROPERTY OWNERS Official Tax No./ Street Address Name of Property Owner Mailing Address 3131209 Hollins Road Church o£the 2404 Hollins Rd, NE 2402 Holhns Rd, NE Brethren Roanoke, VA 24012 3131204 Hollins Road Church of thc 2404 Hollins Rd, NE 818 Palmer Rd, NE Brethren Roanoke, VA 24012 3131208 Hollins Road Church of the 2404 Holhns Rd, NE Hollins Rd, NE Brethren Roanoke, VA 24012 3131207 James Early Parker 2434 Hollins Rd, NE 2434 Hollins Rd, NE Roanoke, VA 24012 3131202 John H. and Melba W. 6521 Roanoke Rd 815 Liberty Rd, NE Burleson Fincastle, VA 24090 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times .................................................. + ........................ HOLLINS RD. CHURCH OF BRETHREN 2404 HOLLINS RD NE HUGH KANODE ROANOKE VA 24012 REFERENCE: 80037906 03076097 Palmer/Liberty 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 followin9 dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this _~5___day of ~.y 2004. Witness my hand and official seal. My c mm~3~s~i~--~r~s_~_~__~_~_~-__~_____. PUBLISHED ON: 07/30 08/06 TOTAL COST: 245.82 FILED ON: 08/06/04 Signature: ............ Billin~ Services Representative NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Heating on Monday, August 16, 2004, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., on an application to permanently abandon, vacate, discontinue and close, to the extent the City has any legal interest in such public right-of-way, the following public right-of-way: That certain alley running between the 800 blocks of Palmer Avenue, N.E., and Liberty Road, N.E. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building. All parties in interest may appear on the above date and be heard on the question. If you are a person with a disability who needs accommodations for this public heating, contact the City Clerk's Office, 853-2541, by 12:00 noon on Thursday, August 12, 2004. GIVEN under my hand this 28th day of July ,2004. Mary F. Parker, City Clerk. Notice to Publisher: Publish in the Roanoke Times once on Friday, July 30, 2004, and once on Friday, August 6, 2004. Send affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 Send bill to: Hugh Kanode, Trustee Chair Hollins Road Church of the Brethren 2404 Hollins Road, N.E. Roanoke, Virginia 24012 (540) 362-0922 MARY F. PARKER, CMC City Clerk CITY OF ROANOICE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clcrk~ci.roanok¢.va.us AugustS, 2004 File #51 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clcrk Hollins Road Church of the Brethren 2404 Hollins Road, N. E. Roanoke, Virginia 24012 Ms. Doris E. Fitzgerald 2434 Hollins Road, N. E. Roanoke, Virginia 24012 Mr. and Mrs. John H. Burleson 815 Liberty Road, N. E. Roanoke, Virginia 24012 Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, August 16, 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 Hollins Road Church of the Brethren, Doris P. Fitzgerald, and John H. and Melba W. Burleson that an alley located between the 800 blocks of Palmer Avenue and Liberty Road, N. E., be permanently vacated, discontinued and closed. For your information, I am enclosing copy of a report of the City Planning Commission and a notice of the public hearing. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 540-853-2431. Questions with regard to the City Planning Commission report should be directed to the Department of Planning, Building and Development at 540-853-1 730. N:\CCPS l~Public Hearings 2004~August 04~August 2004 Attorney and Adjoining Propety Owners Letters.doc Hollins Road Church of the Brethren Ms. Doris E. Fitzgerald Mr. and Mrs. John H. Burleson August 5, 2004 Page 2 It will be necessary for you, or your representative, to be present at the August 16 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosure N:\CCPS l~Public Hearings 2004~August 04~August 2004 Attorney and Adjoining Propety Owners Letters.doc NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNiNG COMMISSION TO WHOM IT MAY CONCERN: The City of Roanoke Planning Commission will hold a public hearing on Thursday, July 15, 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 Hollins Road Church of the Brethren, Doris P. Fitzgerald, John Howard Burleson and Melba Webb Burleson that an alley running between the 800 blocks of Palmer Avenue and Liberty Road, N.E., be permanently vacated, discontinued and closed. A copy of the application is available for review in the Department of Planning Building and Development, Room 166, Noel C. Taylor Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person who needs accommodations for this hearing, please contact the Department of Planning Building and Development at 853-1730 before 12:00 noon on the Monday before the date of the hearing listed above. Martha P. Franklin, Secretary Planning Commission Please print in newspaper on Tuesday, June 29 and July 6, 2004 Please bill credit card and send Affidavit of publication to: Martha P. Franklin Planning Building and Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 (540) 853-6874 TO THE CiTY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE CLOSURE REQUEST OF: Hollins Road Church of the Brethren, Doris Fitzgerald John and Melba Burleson COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) ) ) AFFIDAVIT 3131204 3131208 3131209 3131207 Hollins Road Church Doris E. Fitzgerald Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 15th day of June, 2004. Notary Public My Commission Expires: 815 Liberty Road, NE Roanoke, VA 24012 2434 Hollins Road, NE Roanoke, VA 24012 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 15t' day of June, 2004, notices of a public hearing to be held on the 15th day of July, 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 3131202 John &Melba Burleson 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 June 2, 2004 File #514 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 30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1 979), as amended, I am enclosing copy of an application received in the City Clerk's Office on June 2, 2004, from Hugh Kanode, Trustee Chair, Hollins Road Church of the Brethren, requesting that an alley located between the 800 block of Palmer Avenue and the 800 block of Liberty Road, N. E., be permanently vacated, discontinued and closed. Sincerely,  Mary F. Parker, CMC City Clerk MFP:sm Enclosures N:\CKEWl\Rezonings - Street Alley Closing 04~June 2004\Streets and Alleys\Hollins Road Church of the Brethren.doc Robert B. Manetta June 2, 2004 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Council Member-Elect Sherman P. Lea Council Member-Elect Brian J. Wishneff Hugh Kanode, Trustee Chair, Hollins Road Church of the Brethren, 2404 HollinsRoad, N.E.,Roanoke, Virginia 24012 Susan S. Lower, Director, Real Estate Valuation Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Edward R. Tucker, City Planner, II N:\CKEW l\Rezonings - Street Alley Closing 04\June 2004\Streets and Alleys\Hollins Road Church of the Brethren.doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Application of Hollins Road Church of the Brethren for vacation of the alley between Palmer Ave & Liberty Rd. ) ) APPLICATION FOR ) VACATING, ) DISCONTINUING AND ) CLOSING OF ALLEY MEMBERS OF COUNCIL: Hollins Road Church of the Brethren, Doris P. Fitzgerald, John Howard Burleson and Melba Webb Burleson are applying to have the alley between the 800 block of Palmer Avenue and the 800 block of Liberty Road, in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.2-2006 and Section 30-14, Code of the City of Roanoke (1979), as amended. This alley is more particular described on the map attached and as follows: Hollins Road Church of the Brethren states that the grounds for this application are as follows: (1) All landowners whose property adjoins the property to be vacated have been notified and are in agreement with this application. Attached is a list... (2) The property to be vacated is presently being used as egress and ingress to our parking lot. (3) The applicant desires to use the property to be vacated for joining our 2 parcels of land (4) All of the alley between the 800 block of Palmer Ave, NE and the 800 block of Liberty Ave NE will be vacated and an access easement will be granted to all adjoining owners. WHEREFORE, Hollins Road Church of the Brethren respectfully requests that above described alley be vacated by the Council of the City of Roanoke, Virginia, in accordance with the Virginia Code Section 15.2-2006 and Section 30-14, Code of the City of Roanoke (1979), as amended. Respectfully submitted, Hugh KaCCode Trustee Chair, Hollins Road Church of the Brethren 2404 Hollins Road NE Roanoke, Virginia 540-362-0922 Date J~hn Howard Budeson Date Melba Webb Burleson 815 Liberty Road Roanoke, VA 24012 540-966-4091 or 540-580-9602 Doris P. Fitzgeral¢'/ 2434 Hollins Road NE Roanoke, VA 24012 540-366-2969 Date Date Alley Vacation: 800 Blocks of Palmer & Liberty Rd, NE Subject Alley LIST OF ADJOINING PROPERTY OWNERS Official Tax No./ Street Address Name of Property Owner Mailing Address 3131209 Hollins Road Church of the 2404 Hollins Rd, NE 2402 Hollins Rd, NE Brethren Roanoke, VA 24012 3131204 Hollins Road Church of the 2404 Hollins Rd, NE 818 Palmer Rd, NE Brethren Roanoke, VA 24012 3131208 Hollins Road Church of the 2404 Hollins Rd, NE Hollins Rd, NE Brethren Roanoke, VA 24012 3131207 James Early Parker 2434 Hollins Rd, NE 2434 Hollins Rd, NE Roanoke, VA 24012 3131202 John H. and Melba W. 6521 Roanoke Rd 815 Liberty Rd, NE Burleson Fincastle, VA 24090 MARY F, PARKER, CMC Cily Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fox: (540) 853-1145 E-mail: clcrk~ci.roanoke.va.us August l9,2004 STEPHANIE M. MOON D~pu~ City Clerk SHEILA N. HARTMAN Assistant City Clerk File #51 Ray Craighead Craighead and Associates 2721 Brambleton Avenue, S. W. Roanoke, Virginia 24015 Dear Mr. Craighead: I am enclosing copy of Ordinance No. 36819-081604 amending certain conditions presently binding upon certain property located at 2123 Crystal Spring Avenue, S.W., Official Tax No. 1050514, which was previously conditionally zoned CN, Neighborhood Commercial District, to reflect changes in proffered conditions as set forth in the petition to amend proffers filed in the City Clerk's Office on June 3, 2004, and as set forth in a report of the City Planning Commission dated August 16, 2004, so that the subject property is zoned CN, Neighborhood Commercial District, with proffers. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 16, 2004, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosure Ray Craighead August 19, 2004 Page 2 pc: F. irst Presbyterian Church, 2101 Jefferson Street, S. E., Roanoke, Virginia 24014 Southgroup Acquisition Co., LLC, 15 Atkinson Road, Rockville, Kentucky 11490 Crystal Spring Properties, LLC, 15 Salem Avenue, S. E., Roanoke, Virginia 24011 CHS, Inc., P. O. Box 12385, Roanoke, Virginia 24025 Associates in Medicine, Inc., 2129 Rosalind Avenue, S. W., Roanoke, Virginia 24014 Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer 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 16th day of August, 2004. No. 36819-081604. ' AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 105, Sectional 1976 Zone Map, City of Roanoke, in order to amend certain conditions presently binding upon certain property previously conditionally zoned CN, Neighborhood Commercial District; and dispensing with the second reading by title of this ordinance. WHEREAS, 2123 Crystal Spring, LLC filed an application to the Council of the City of Roanoke to amend certain conditions presently binding upon a tract of land located at 2123 Crystal Spring Avenue, S.W., being designated as Official Tax No. 1050514, which property was previously conditionally rezoned by the adoption of Ordinance No. 34734-040300, adopted April 3, 2000; WHEREAS, 2123 Crystal Spring, LLC seeks to have the proffered conditions repealed and replaced with new proffered conditions; WHEREAS, the City Planning Commission, which after giving proper notice to ail concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on August 16, 2004, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public heating, is of the opinion that the conditions now binding upon a tract of land located at 2123 Crystal Spring Avenue, S.W., being designated as Official Tax No. 1050514, and the matters presented at the public heating, should be repealed as accepted by Council by the adoption of Ordinance No. 34734-040300 on April 3, 2000, and replaced as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Sections 36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 105 of the Sectional 1976 Zone Map, City of Roanoke, be amended to reflect the changes in proffered conditions as shown in the Petition to Amend Proffers filed in the City Clerk's Office on June 3, 2004, and as set forth in the report of the Planning Commission dated August 16, 2004, so that the subject property is zoned CN, Neighborhood Commercial District, with proffers. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. City Clerk. Architeclura] Review Roard Board of Zonin~ Appeals Plannin~ ( ommi~sion CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 2401 I Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning~ci.roanoke.va.us Augustl6,2004 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: Request from 2123 Crystal Spring, LLC, that proffered conditions accepted by City Council in Ordinance No. 34734-040300, be repealed and replaced with new proffered conditions on a tract of land bearing Official Tax No. 1050514, located at 2123 Crystal Spring Avenue, S.W. Planning Commission Action: Public hearing was held on Thursday, July 15, 2004. Mr. Ray Craighead spoke on behalf of the Petitioner. There was no one present to speak in favor of or in opposition to the requested amendment of proffers. By a vote of 6-0 (Commissioner Scholz recused himself from discussion and vote), the Commission recommended that City Council approve the request. Background: Tax Map Number 1050514 was conditionally rezoned CN, Neighborhood Commercial, Conditional from C-l, Office District, in April, 2000. The petition requests amending the proffered conditions in order to locate more than one restaurant on the subject parcel. The proffered conditions to be repealed are: (1) The use of the property will be for a restaurant, with no provision for drive thru or delivery service. Petitioner also reserves the right to use the property for general and professional offices, including financial institutions, medical offices or medical clinics. (2) Parking for the restaurant will be provided using the existing parking located in the rear of the property and additional off premises facilities as arranged by the property owner or tenant as certified by the Zoning Administrator to meet parking requirements of one space for every 200 square feet of net floor area plus one space for every employee. In the event the property is used for general and professional offices, including financial institutions, medical offices or medical clinics, certification must be provided that there is one space for every three hundred square feet of net floor area. (3) The exterior of the existing structure will not be altered except: (A) in compliance with minimum building code requirement for the change of use of this building (B) to provide the necessary handicap accessible structures (C) cosmetic enhancements such as painting, signage, lighting, awnings, shutters, and similar cosmetic changes. Furthermore, the petitioner requests the following proffered conditions be substituted and adopted: The uses of the property shall be limited to the following: Restaurants, with no drive through window; General and professional offices, including financial institutions; Medical offices; and Medical clinics, if a special exception is granted. (2) Off-street parking shall be provided using the existing parking located in the rear of the property and additional off premises facilities as arranged by the property owner or tenants as certified by the Zoning Administrator to meet the following parking requirements of: For restaurants, one (1) space for every 200 square feet of net floor area plus one (1) space for every employee at the highest shift; and For general and professional offices, medical offices, or medical clinics, one (1) space for every 300 square feet of net floor area. (3) The exterior of building A (see Exhibit B for building designations) shall not be altered except: 2 in compliance with minimum building code requirement for the change of use of this building to provide the necessary handicap accessible structures cosmetic enhancements such as painting, signage, lighting, awnings, shutters, and similar cosmetic changes. Consideration: All adjacent properties are zoned C-1, Office District. The uses surrounding the subject property are: · A 7-11 convenience store to the south along Crystal Spring Avenue. · An Allstate Insurance Office to the north along Crystal Spring Avenue. · First Presbyterian Church and an associated parking lot to the east across the street. · Medical offices to the west across the alley. The amended petition request is consistent with the following recommended action of l/is/on 20DI-2D2D, the City's Comprehensive Plan: Encourage maximum use of commercial sites by addressing setbacks, lot coverage, parking requirements, and landscaping. (ED A27) A CN, Neighbohood Commercial District, is in close proximity to the subject parcel. The Crystal Avenue village center is located on the same-side of the approximate block. The subject parcel is within 150 feet of the edge of the district, separated only by the convenience store. As one of earliest neighborhood plans completed, the South Roanoke Neighborhood Plan does not contain a future land map and therefore does not directly address the 2100 block of Crystal Spring Avenue. The plan does promote the importance of Crystal Spring Avenue shopping area. In addition, it stresses the importance of considering parking needs in terms of future commercial development in the neighborhood. There are two structures on the 12,028 square foot parcel. The principal structure is a 3,684 square foot 2-story wood-framed structure used for the current restaurant. The second structure is located in the southeastern corner of the property. It has a footprint of approximately 800 square feet. The parking requirements of proffer 2 would apply to all existing and future uses on the property. A restaurant located in the principal structure requires twenty-three parking spaces. This requirement is being met through the provision of ten spaces provided on-site and thirteen spaces leased from Carillon Property Management at a nearby parking facility. Staff estimates that an additional eight off-site spaces will be needed to fulfill the parking requirements of a restaurant located in the second structure on the subject parcel. Staff received one phone call from an adjacent property owner who was opposed to the petition. Given his property abuts the subject parcel to the rear, he was concerned that he will not be able to preserve parking for patients visiting his medical office, which is accessed off of the alley separating his parcel from the subject parcel. The caller stated he would follow-up with a letter outlining his objections. To date, staff has not received his letter. The representative of the petitioner reported that the petitioner has since met with the caller and resolved the caller's reservations with the petition. Recommendation: Given the previously proffered conditions on the property and the limited impacts of the proposed amendments to these proffers, the Planning Commission, by a roll call vote of 6-0, recommends approval of the requested amendment of proffers on the subject property. Respectfully submitted, Robert B. Manetta, Chairman City Planning Commission CC: Darlene L. Burcham, City Manager Rolanda Russell, Assistant City Manager for Community Development William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Dr. David Trinkle, Petitioner 4 1050508 1050509 1050517 1050902 1050910 2950905 2123 Crystal Spnng Avenue -~,. 1050501 1050504 " ' '"' 1050510 1050506 1050512 1050513 1050516 1050514 ~ 10506~ 1050603 1050903 1050604 1050904 PETITION TO AMEND PROFFERED CONDITIONS IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Amendment of proffered conditions for a tract of land lying in the City of Roanoke, Virginia, identified as 2123 Crystal Spring Avenue and further identified as Tax Map No. 1050514. TO: THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF ~ CITY OF ROANOKE: By Ordinance No. 34734-040300, at the request of Westwin of Roanoke, Inc, City Council rezoned the property identified as Tax Map No. 1050514 from C-l, Office District, to CN, Neighborhood Commercial District, with proffered conditions. A map of the property is attached hereto as Exhibit 1. The Petitioner, 2123 Crystal Spring LLC, owns said land in the City of Roanoke and requests the conditions relating to said property be amended as hereinafter set out. The petitioner believes that the subject amendment of proffers will further the intent and purposes of the City zomg Ordinance and it's comprehensive plan in that it will allow for the property to be used as imended by the original rezoning, will comply the intent of the conditions, and the use will be complimentary with the other businesses already located in the area and on site. The Petitioner hereby requests the following proffers enacted by Ordinance No. 34734- 040300 be repealed: (1) The use of the property will be for a restaurant, with no provision for drive thru of delivery service. Petitioner also reserves the fight to use the property for general and professional offices, including financial institutions, medical offices or medical clinics. (2) Parking for the restaurant will be provided using the existing parking located in the rear of the property and additional offpremises facilities as arranged by the property owner or tenant as certified by the Zoning Administrator to meet parking requirements of one space for every 200 square feet of net floor area plus one space for every employee. In the event the property is uses fro general and professional offices, including financial institutions, medical offices or medical clinics, certification must be provided that there is one space for every three hundred square feet of net floor area. (3) The exterior of the existing structure will not be altered except: ( A ) in compliance with minimum building code requirement for the change of use of this building. ( B ) to provide the necessary handicap accessible structures ( C ) cosmetic enhancements such as painting, signage, lighting, awnings, shutters and similar cosmetic changes. The Petitioner hereby requests the following proffered conditions be substituted and adopted for those existing proffers delineated above: (1) The uses of the property shall be limited to the following: Restaurants, with no drive through window; General and professional offices, including financial institutions; Medical offices; and Medical clinics, ifa special exception is granted. (2) Off-strect parking shall be provided using the existing parking located in the rear of the property and additional off premises facilities as arranged by the property owner or tenants as certified by the Zoning Administrator to meet the following parking requirements of: For restaurants, one (1) space for every 200 square feet of net floor area plus one (1) space for every employee at the highest shit~; and For general and professional offices, medical offices, or medical clinics, one (1) space for every 300 square feet of net floor area. (3) The exterior of building A ( sec Exhibit B for building designation ) shall not be altered exeS; in compliance with minimum building code requirements for the change of use of this building. to provide the necessary handicap accessible structures cosmetic enhancements such as painting, signage, lighting, awnings, shutters and similar cosmetic changes. Attached hereto as Exhibit C are the names, addresses, and tax numbers of the owner or owners of all lots or property immediately adjacent to and immediately across a street or road from the subject property. WHEREFORE, the Petitioner requests the described above conditions be approved as herein set out in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 3 rd day of June, 2004. Respectfully submitted., ~ ~ Itfd~-i~ Autl~61ai~f-~Representafive Dr. David Trinlde 213 McClanahan Street Roanoke, VA. 540-981-8025 I AIG HEAD A550CIATE5 Ar&fitects, Designers, Construction Managers PRE3JMINARY PREPARED FOR W'ES'I'W]2q' O~ ROA.NOKF:,, L,'r,c LOTS 13 &: 14, BLOCK 49 CRY~TAL ~t:=EING LAND CO. -- P,EL 1, PG., 102 & 103 $1TUA'I"E:~ ALONG CR'Y'~TAL ~RING AVE.... $.W, 810AN Of(F.. VIRGINIA SCALE 1' ,~ .30' DAT~ 2 FEBRUARY 2000 RAY CRAIGHEAD, ARCHrTECT 2721 I!~RA-MBLLCTON AVENUE. S,W. · P.O. BOX 4662 · ROANOKE. VA, 24015 · (540] 774-5326 550CIATE5 Architects, Designers, Construction Managers 12' AI.L~y' PRELIMINARY PLAN PREPARED FOR -- W-ESTW/N OF ROANOKE, LLC LOT~ 1.3 & 14., BLOCK 49 ~TAL ~RING ~D CO, P.~. 1, P~ 102 ~ SI~A~ ALONG CECAL ~RING ~OAN~ SC~E 1" ~ ~* DA~ 2 ~BRUARY Adjacent Properties 2123 Crystal Spring Avenue Roanoke, VA. Exhibit C Tax Number Owner/Address 1050601 1050603 1050516 1050513 1050506 1050508 First Presbyterian Church 2101 Jefferson Street Roanoke, VA. 24014 TRS FirstPresbyterianChurch P.O. Box 8538 Roanoke, VA. 24014 Southgroup Acquisition Co. LLC 15 Atldnson Road Rockville, KY 11590 Crystal Spring Properties, LLC 15 E Salem Ave. Roanoke, VA. 24011 CHS, Inc. P.O. Box 12385 Roanoke, VA. 24025 Associates in Medicine Inc. 2129 Rosalind Ave. SW Roanoke, VA. 24014 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times .................................................. + ........................ RAY CRAIGHEAD PO BOX 4662 2721 BRAMBLETON, SW ROANOKE VA 24015 REFERENCE: 80118829 03076307 Crystal Spring Avenu 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~ 2004. Witness my hand and ~TTiTi;T seal. ~..d~' PUBLISHED OM: 07/30 08/06 TOTAL COST: FILED ON: 245.82 08/06/04 Signature: .......... , Billin9 Services Representative NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, August 16, 2004, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., on the question of repealing proffered conditions presently binding upon a tract of land located at 2123 Crystal Spring Avenue, S.W., and designated as Official Tax No. 1050514, accepted by the Council of the City of Roanoke in Ordinance No. 34734-040300, adopted April 3, 2000, and replacing with new proffered conditions. 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, August 12, 2004. GIVEN under my hand this 28thday of .July ,2004. Mary F. Parker, City Clerk. Notice to Publisher: Publish in the Roanoke Times once on Friday, July 30, 2004, and once on Friday, August 6, 2004. Send affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 Send bill to: Ray Craighead Craighead & Associates 2721 Brambleton Avenue, S. W. Roanoke, Virginia 24015 (540) 774-5326 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) 8S3-2541 Fax: (540) 853-1145 E-mail: clerk(~ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk August 5, 2004 File #51 Ray Craighead Craighead and Associates 2721 Brambleton Avenue, S. W. Roanoke, Virginia 24015 Dear Mr. Craighead: 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, August 16, 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 2123 Crystal Spring Avenue, LLC, that proffered conditions presently binding upon a tract of land located at 2123 Crystal Spring Avenue, S. W., identified as Official Tax No. 1050514, as set forth in Ordinance No. 34734-040300, be repealed and replaced with new proffered conditions. For your information, I am enclosing copy of a report of the City Planning Commission and a notice of the public hearing. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 540-853-2431. Questions with regard to the City Planning Commission report should be directed to the Department of Planning, Building and Development at 540-853-1 730. N:\CCPS I\Public Hearings 2004~August 04~August 2004 Attorney and Adjoining Propety Owners LeRers.doc Mr. Ray Craighead August 5, 2004 Page 2 It will be necessary for you, or your representative, to be present at the August 16 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm 'Enclosure N:\CCPS l~Public Hearings 2004~August 04~August 2004 Atlomey and Adjoining Propety Owners Letters.doc MARY F. PARKER, CMC City Clcrk 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 August 5, 2004 File #51 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk First Presbyterian Church Southgroup Acquisition Co., LLC Crystal Spring Properties, LLC Associates in Medicine, Inc. CHS, Inc. Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted bythe Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, August 16, 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 2123 Crystal Spring Avenue, LLC, that proffered conditions presently binding upon a tract of land located at 2123 Crystal Spring Avenue, S. W,, identified as Official Tax No. 1050514, as set forth in Ordinance No. 34734-040300, be repealed and replaced with new proffered conditions. The City Planning Commission is recommending that Council approve the request for new proffered conditions. 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 540-853-1 730. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm N:\CCPS l\Public Hearings 2004~August 04~August 2004 Attorney and Adjoining Propety Owners Letters.doc NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING COMMISSION TO WHOM IT MAY CONCERN: The City of Roanoke Planning Commission will hold a public hearing on Thursday, July 15, 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 2123 Crystal Spring, LLC, that proffered conditions accepted by City Council in Ordinance No. 34734-040300, be repealed and replaced with new proffered conditions on a tract of land beating Official Tax No. 1050514, located at 2123 Crystal Spring Avenue, S.W. A copy of the application is available for review in the Department of Planning Building and Development, Room 166, Noel C. Taylor Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person who needs accommodations for this heating, please contact the Deparm~ent 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 29 and July 6, 2004 Please bill: Please send Affidavit of publication to: Ray Craighead Craighead & Associates 2721 Brambleton Avenue, S.W. P O Box 4662 Roanoke, VA 24015 (540) 774-5326 Martha P. Franklin Planning Building and Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 (540) 853-6874 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE AMENDMENT OF PROFFERS REQUEST OF: 2123 Crystal Spring, LLC, Official Tax No. 1050514, 2123 Crystal Spring Avenue, S.E. COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) ) ) AFFIDAVIT The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 15t~ day of June, 2004, notices of a public hearing to be held on the 15th day of July, 2004, on the rezoning captioned above to the owner or agent of the parcels listed below 1050508 Mailing Address 2101 Jefferson Street, SE Roanoke, VA 24014 15 Atkinson Road Rockville, KY 11590 15 Salem Avenue, SE Roanoke, VA 24011 P O Box 12385 Roanoke, VA 24025 2129 Rosalind Ave., SW Roanoke, VA 24014 at their last known address: Parcel Owner's Name 1050604 First Presbyterian Church 1050603 1050516 Southgroup Acquisition Co., LLC 1050513 Crystal Spring Properties, LLC 1050506 CHS, Inc. Associates in Medicine, Inc. Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 15th day of June, 2004. Notary Public My Commission Expires: c~- ~ ~'-o"-) 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 June 8,2004 File #51 STEPHAN1E M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Cleflt Robert B. Manetta, Chairperson City Planning Commission 2831 Stephenson Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Manetta: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition received in the City Clerk's Office on June 3, 2004, from 2123 Crystal Spring Avenue, LLC, requesting Amendment of Proffered Conditions to rezoning of a tract of land located at 2123 Crystal Spring Avenue, S. W., identified as Official Tax No. 1050514; and that certain proffered conditions contained in Ordinance No. 34734-040300, be repealed and replaced with proffers as set forth in the abovereferenced petition. Mary F. Parker, CMC City Clerk MFP:ew Enclosures Robert B. Manetta June 8, 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:\CK.EW 1LRezonings - Street Alley Closing 04klune 2004~2123 Crystal Spring Avenue No l.doc MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853-2541 F~.x: (540) 853-1145 E-mail: clerk~ci.roanok¢.va, us August l9,2004 STEPHAN1E M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk File #514 John D'Orazio Chief Operations Officer Roanoke Gas Company P. O. Box 13007 Roanoke, Virginia 24030 Dear Mr. D'Orazio: I am enclosing copy of Ordinance No. 36820-081604 permanently vacating, discontinuing and closing that certain public right-of-way in the City of Roanoke, as more particularly described as a portion of Kimball Avenue right-of-way bounded on the east by Official Tax No. 3015009, on the south by Official Tax No. 3015001 and from the northwest corner of Official Tax No. 3015001 to the northwest corner of Official Tax No. 3015009. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 16, 2004, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosure John D'Orazio August 19, 2004 Page 2 pc: Darlene L Burcham, City Manager Jesse A. Hall, Director of Finance The Honorable Evelyn W. Powers, City Treasurer Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer 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, 'l'he 16th day of August, 2004. ~o. 36820-081604. , ,AN ORDINANCE permanently vacating, discontinuing and closing a certain public right-of- waY in the City of Roanoke, Virginia, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. WHEREAS, Roanoke Gas Company filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public fight-of-way described hereinafter; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by {}30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held on such application by the City Council on August 16, 2004, after due and timely notice thereof as required by {}30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public fight-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such public fight-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: A portion of Kimball Avenue fight-of-way bounded on the east by parcel 3015009 and on the south byparce13015001 and from the northwest comer of parcel 3015001 to the northwest comer of parcel 3015009 be, and is hereby permanently vacated, discontinued and closed, and that all fight and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the fight-of-way, reserving however, to the City of Roanoke and any utility company or public authority, including, specifically, without limitation, providers to or for the public of cable television, electricity,, natural gas or telephone service, an easement for sanitary sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across such public fight-of-way, .. together with the fight of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Cimuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. 2 BE IT FURTHER ORDAINED that prior to receiving all required approvals of the subdivision plat referenced in the previous paragraph, the applicant shall give to the Treasurer for the City of Roanoke a certified check or cash in the amount of Three thousand one hundred twenty-five dollars and no cents ($3,125.00) as consideration for this action taken by City Council. ' ' BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of twelve (12) months from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. BE IT FINALLY ORDAINED that pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. City Clerk. Architectural Review Board Board of Zonin~ Appeals 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 Augustl6,2004 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: Request from Roanoke Gas Company, represented by John D'Orazio, that a portion of Kimball Avenue right- of-way bounded on the east by a parcel bearing Official Tax No. 3015009 and on the south by a parcel bearing Official Tax No. 3015001, running from the northwest corner of a parcel bearing Official Tax No. 3015009 be permanently vacated, discontinued, and closed. Planning Commission Action: Public hearing was held on Thursday, July 15, 2004. Mr. Lance Humphries appeared on behalf of Roanoke Gas. There was no one present in the audience to speak in favor of or in opposition to the requested closure. By a roll call vote of 7-0, the Commission recommended the proposed closure and selling price of $3,125. Background: The petitioner requests closure of an approximately 1,250 square foot portion of Kimball Avenue, N.E., lying between two of their parcels. Due to the unusual configuration of this portion of right-of-way, staff researched previous surveys of the petitioner's property and checked City records to ensure that it wasn't needed for public use. Considerations: The petitioner's properties are zoned HM, Heavy Manufacturing. The opposite side of Kimball Avenue is zoned LM, Light Manufacturing. The land uses on this section of Kimball Avenue, including the Petitioner's, are industrial offices. Staff received comments from AEP and Verizon, both of which had no objection to the closure. Staff received comments from the former Water Division of the Department of Utilities, which stated that a sewer main line passes through the subject area. Based on information provided by the Department of Real Estate Valuation, staff recommends a sale price of $3,125 based on a rate of $2.50 per square foot in HM zoning. Staff did not receive any other comments in support of or in opposition to the requested closure. Vacation of the portion of Kimball Avenue would allow the petitioner to combine the adjoining parcels into one contiguous site. The petitioner plans to add parking spaces in the vacated portion of right-of-way. Recommendation: Considering that the proposed vacation will result in providing additional parking area in support of the existing development, Planning Commission, by a roll call vote of 7-0, recommended vacation of the right-of-way subject to the conditions below and further recommends a price of $3,125. The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Said plat shall combine the Petitioner's properties, Official Tax Map Numbers 3015009 and 3015001, with the right of way to be vacated in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and afl existing utilities that may be located within the right-of-way, including the right of ingress and egress. Upon meeting all other conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the petitioner, and the names of any other parties in interest who may so request, as Grantees. The 2 Co applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. If the above conditions have not been met within a period of one year from the date of adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary. Respectfully submitted, ~Robe~(~B M ane~tta~ C~atrman City Planning Commission CC: Darlene L. Burcham, City Manager Rolanda Russell, Assistant City Manager for Community Development Steven J. Talevi, Assistant City Attorney Petitioner Right-of-Way Vacation: Kimball Avenue, NE 3025010 ~15~3 3O3O3O2 3O303O3 3O150O7 Subject Property 30150O1 3O150O9 #M 3O150O4 3015010 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: ) ) Application of Roanoke Gas Co. ) for vacation of a portion of ) Kimball Ave. ) APPLICATION FOR VACATING DISCONTINUING AND CLOSING OFA PORTION OF KIMBALL AVE. MEMBERS OF COUNCIL: Roanoke Gas Company applies to have a portion of the Kimball Avenue right of way, in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.2-2006 and section 30-14, Code of the City of Roanoke (1979), as amended. This street is more particularly described on the map attached and as follows: A portion of Kimball Avenue right of way bounded on the east by parcel 3015009 and on the south by parcel 3015001 and from the northwest corner of parcel 3015001 to the northwest corner of parcel 3015009 and as shown on the attached map. Roanoke Gas Company stated that the grounds for this application are as follows: (I) Applicant owns all adjacent properties (2) Applicant desires to use the property for easing traffic congestion on existing parking lots. WHEREFORE, Roanoke Gas Company respectfully requests that the above- described street be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.2-2006 and Section 30-14, Code of the City of Roanoke (1979), as amended. Respectfully submitted COO Roanoke Gas Company Roanoke Gas Company PO Box 13007 Roanoke, VA 24030 (540)777-4427 ADJACENT PROPERTY OWNERS NAME Roanoke Gas Co. Roanoke Gas Co. Roanoke Gas Co. MAILING ADRESS PO Box 13007 Roanoke, VA 24030 PO Box 13007 Roanoke, VA 24030 TAX MAP # 3015001 3015009 PO Box13007 3030303 Roanoke, VA 24030 I~N ~~Vaca~ed 50~ 50~ Tax ~e,~ # 30~5009 Tax Map 3030303 Tax ~Xap 3015001 Roanoke Gas Company Ppoposed Stpeet Vacation Kimba[[ Avenue NE Do'ce, 6/~/D4 Dwn By: LV/H FRANK B. CALDWELL, III, EE., L.S - CWA CALDWELL WHITE ASSOCIATES ENGINEERS/SURVEYORS/PLANNERS 8 July 2004 Description of 0.0277 acre (1,205 si) of right of way Kimball Ave., City of Roanoke, VA To be acquired by Roanoke Gas Co. BEGINNiNG at a point in the southerly right of way of Kimball Ave., N.E., being the northwesterly comer of Lot 9A as shown on Map of Kimball Redevelopment Project by Hayes, Seay, Mattem, and Mattem, dated June 25, 1973 and recorded in the Office of the Clerk of the Circuit Court of the City of Roanoke in MB 1, Page 211, said point bears N. 42°53'23'' E., 537.11 feet from the point of intersection of the easterly right of way of Fifth Street N.E., and the southerly right of way of Kimball Ave., N.E.; Thence continuing with a new division line in the right of way of Kimball Ave., N.E., N. 44°20'22TM E., 69.52 feet to a point; Thence leaving the southerly right of way of Kimball Ave., N.E. and with the northerly line of the property of Roanoke Gas Company, S. 00034'57" W., 50.14 feet to a point, said point being the easterly comer of the aforesaid Lot 9A; Thence leaving the property of Roanoke Gas Company and with the northerly line of Lot 9A, N. 89°30'15" W., 48.08 feet to the Point of Beginning, containing 0.0277 acre (1,205 square feet) of irregular shaped right of way of Kimball Ave., N.E. to be acquired by Roanoke Gas Company from the City of Roanoke, VA 4203 MELROSE AVENUE, NW,, iZO. BOX 6260, ROANOKE, VA 24017-0260 (540) 366-3400 FAX (540) 366-8702 °O The Roanoke Times Roanoke, Virginia Affidavit of Publication ROANOKE GAS P. O. BOX 13007 ATTN: JOHN D'ORAZIO ROANOKE VA 24030 The Roanoke Times Kimball Avenue REFERENCE: 80118833 03076813 State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of V~g~ia. Sworn and subscribed before me this __~__~_day of ~_2004. Witness my hand and official seal. y~com~i~_~_~_~ ~otary~Publ ic i on .... . PUDLISHED ON: 07/30 08/06 265.10 08/06/04 TOTAL COST: FILED ON: Signature: ............. Billing Services Representative NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Heating on Monday, August 16, 2004, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Noel C. Taylor Municipal Building, 215 Chumh Avenue, S.W., on an application to permanently abandon, vacate, discontinue and close, to the extent the City has any legal interest in such public right-of-way, the following public right-of-way: A portion of Kimball Avenue right-of-way bounded on the east by parcel 3015009 and on the south by parcel 3015001 and from the northwest comer of parcel 3015001 to the northwest comer of parcel 3015009. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building. All parties in interest may appear on the above date and be heard on the question. If you are a person with a disability who needs accommodations for this public heating, contact the City Clerk's Office, 853-2541, by 12:00 noon on Thursday, August 12, 2004. GWEN under my hand this 28th day of July .,2004. Mary F. Parker, City Clerk. H:/NOTICES/N-ST CLOS RKEGASCO -081604 DOCDensmoreRD081803 Notice to Publisher: Publish in the Roanoke Times once on Friday, July 30, 2004, and once on Friday, August 6, 2004. Send affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 Send bill to: John D'Orazio Roanoke Gas Company P. O. Box 13007 Roanoke, Virginia 24030 (540) 777-4427 Notice to Publisher: Publish in The Roanoke Tribune once on Thursday, August 5, 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 Fox: (540) 853-1145 E-mail: clerk~ci.roanoke.va.us August5,2004 File #51 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk John D'Orazio Chief Operations Officer Roanoke Gas Company P. O. Box 13007 Roanoke, Virginia 24030 Dear Mr. D'Orazio: 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, August 16, 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 Roanoke Gas Company that a portion of Kimball Avenue, N. E., right-of-way bounded on the east by Official Tax No. 3015009, on the south by Official Tax No. 3015001, and extending from the northwest corner of Official Tax No. 3015009, be permanently vacated, discontinued and closed. For your information, I am enclosing copy of a report of the City Planning Commission and a notice of the public hearing. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 540-853-2437. Questions with regard to the City Planning Commission report should be directed to the Department of Planning, Building and Development at 540-853-1 730. N:\CCPSI\Public Hearings 2004La. ugust 04~August 2004 Atiorney and Adjoining Propety Owners Letters.doc John D'Orazio August 5, 2004 Page 2 It will be necessary for you, or your representative, to be present at the August 16 public hearing. Failure to appear could result in a deferral of the matter until a later date. MFP:sm 'Enclosure Sincerely, Mary F. Parker, CMC City Clerk N:\CCPSI\PubIic Hearings 2004~August 04~August 2004 Attorney and Adjoining Propety Owners Letters.doc NOTICE OF PUBLIC HEAR1NG BEFORE THE CITY OF ROANOKE PLANNING COMMISSION TO WHOM IT MAY CONCERN: The City of Roanoke Planning Commission will hold a public hearing on Thursday, July 15, 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 Roanoke Gas Company, represented by John D'Orazio, that a portion of Kimball Avenue right-of-way bounded on the east by a parcel bearing Official Tax No. 3015009 and on the south by a parcel bearing Official Tax No. 3015001, running from the northwest comer of a parcel bearing Official Tax No. 3015001 to the northwest comer of a parcel bearing Official Tax No. 3015009 be permanently vacated, discontinued and closed. A copy of the application is available for review in the Department of Planning Building and Development, Room 166, Noel C. Taylor Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person who needs accommodations for this hearing, please contact the Department of Planning Building and Development at 853-1730 before 12:00 noon on the Monday before the date of the hearing listed above. Martha P. Franklin, Secretary Planning Commission Please print in newspaper on Tuesday, June 29 and July 6, 2004 Please bill: John D'Orazio Roanoke Gas Company P O Box 13007 Roanoke, VA 24030 (540) 777-4427 Please send Affidavit of publication to: Martha Franklin Planning Building and Development Room 166, Noel T. Taylor Municipal Building Roanoke, VA 24011 (540) 853-6874 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: ¢lerk(~ci.roanoke.va. us June 7, 2004 File #514 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 30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application received in the City Clerk's Office on June 4, 2004, from Roanoke Gas Company requesting that a portion of Kimball Avenue, N. E., said right-of-way bounded on the east by Official Tax No. 3015009, on south by Official Tax No. 3015001, and from the northwest corner of Official Tax No. 3015001 to the northwest corner of Official Tax No. 3015009, be permanently vacated, discontinued and closed. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosures N:\CKEWlXREZONINGS - STREET ALLEY CLOSING 04\STREET AND ALLEY CLOSURES~ROANOKE GAS KIMBALL AVE.DOC Robe~ B. Manetta June 7,2004 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Roy V. Creasy, Esquire, 213 S. Jefferson Street, Suite 915, Roanoke, Virginia 24011-1735 Darlene L. Burcham, City Manager Susan S. Lower, Director, Real Estate Valuation Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney J. Frederick Gusler, City Planner II N:\CKEWlXRezonings - Street Alley Closings 03XRorer Ave SW Zimmerman.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: ) ) Application of Roanoke Gas Co. ) for vacation of a portion of ) Kimball Ave. ) APPLICATION FOR VACATING DISCONTINUING AND CLOSING OFA PORTION OF KIMBALL AVE. MEMBERS OF COUNCIL: Roanoke Gas Company applies to have a portion of the Kimball Avenue right of way, in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.2-2006 and section 30-14, Code of the City of Roanoke (1979), as amended. This street is more particularly described on the map attached and as follows: A portion of Kimball Avenue right of way bounded on the east by parcel 3015009 and on the south by parcel 3015001 and from the northwest corner of parcel 3015001 to the northwest corner of parcel 3015009 and as shown on the attached map. Roanoke Gas Company stated that the grounds for this application are as follows: (1) Applicant owns all adjacent properties (2) Applicant desires to use the property for easing traffic congestion on existing parking lots. WHEREFORE, Roanoke Gas Company respectfully requests that the above- described street be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.2-2006 and Section 30-14, Code of the City of Roanoke (1979), as amended. Respectfully submitted COO Roanoke Gas Company Roanoke Gas Company PO Box 13007 Roanoke, VA 24030 (540)777-4427 ADJACENT PROPERTY OWNERS NAME Roanoke Gas Co. Roanoke Gas Co. Roanoke Gas Co. MAILING ADRESS PO Box 13007 Roanoke, VA 24030 PO Box 13007 Roanoke, VA 24030 TAX MAP # 3015001 3015009 PO Box13007 3030303 Roanoke, VA 24030 N Are(~ to be 50' Tax Hap 3030303 Tax Mop 3015009 50' Tax Hap 3015001 Roanoke Gas Company Proposed Stmee~ V~cation Kimbo(( Avenue NE D(~e: 6/~/04 D'~n By: LWH 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 August 19,2004 File #200-424 Robert B. Manetta, Chair City Planning Commission 2831 Stephenson Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Manetta: At a regular meeting of the Council of the City of Roanoke which was held on Monday, August 16, 2004, Council held a public hearing on the Williamson Road Area Plan. On motion, duly seconded and adopted, an ordinance approving the Plan was tabled until no later than the regular meeting of Council on Monday, October 18, 2004, at 7:00 p.m., or as soon thereafter as the matter may be heard. Sincerely, City Clerk MFP:ew Robert B. Manetta, Chair. City Planning Commission August 19, 2004 Page 2 pc: Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer Martha P. Franklin, Secretary, City Planning Commission Bill Tanger, Director, Roanoke Business Group, 129 Thurston Avenue, N. E., Roanoke, Virginia 24012 Bruce M. Farrell, President, Berglund Chevrolet, Inc. P. O. Box 12608, Roanoke, Virginia 24027 Linda Plunkett, Executive Director, Williamson Road Area Business Association, P. O. Box 5892, Roanoke, Virginia 24012 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 03075878 Wmson. Rdo Area 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 ~-~..2004. Witness my hand and official seal. ~ M ~_ ~ ~m~ ~s_~/_~ ~ ..... N~_tary Public PUBLISHED ON: 07/30 08/06 TOTAL COST: 265.10 FILED ON: 08/06/04 czrr cu ' 4 PtJG 13 m :33 Authorized Signature: Billing Services Representative NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given pursuant to §15.2-2204, of the Code of Virginia (1950), as amended, that Vision 2001 - 2020, the City's Comprehensive Plan, is proposed to be amended to include the Williamson Road Area Plan as an element of such Comprehensive Plan. A copy of the proposed Williamson Road Area Plan to be considered by City Council is on file in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building. A public hearing will be held before the Council of the City of Roanoke on Monday, August 16, 2004, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chambers, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, at which time citizens of the City shall be given an opportunity to appear and be heard by Council on the subject of this proposed amendment. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office (853-2541), before 12:00 noon on Thursday, August 12, 2004. GIVEN under my hand this 28th day of July ,2004. Mary F. Parker, City Clerk. Notice to Publisher: Publish in the Roanoke Times once on Friday, July 30, 2004, and once on Friday, August 6, 2004. Send bill and affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 Notice to Publisher: Publish in The Roanoke Tribune once on Thursday, August 5, 2004. Send bill and affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk August 19, 2004 File #51 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 36821-081604 rezoning that certain tract of land lying at the intersection of Orange Avenue and Blue Hills Drive, N. E., containing 11.0677 acres, more or less, identified as Official Tax No. 7160113, from LM, Light Manufacturing District, to C-2, General Commercial District, subject to proffers contained in a petition filed in the City Clerk's Office on June 8, 2004. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 16, 2004, and is in full force and effect upon its passage. sincerely, ~ Mary F. Pa"~r er, CMC City Clerk MFP:ew Attachment Darlene L. Burcham August 19, 2004 Page 2 pc: The Orvis Company, Inc., P. O. Box 12000, Roanoke, Virginia 24011 National Bank of Commerce, P. O. Box 750007, Memphis, Tennessee 38175 Member One Federal Credit Union, 202 4'h Street, N. E., Roanoke, Virginia 24016 Fudds of SW Virginia, 3659 Orange Avenue, N. E., Roanoke, Virginia 24012 Evelyn K. Gish, 3659 Orange Avenue, N. E., Roanoke, Virginia 24012 Wittco Inc., P. O. Box 19042, Roanoke, Virginia 24019 Mr. & Mrs. Gregory Bailey, 4052 Trail Drive, Roanoke, Virginia 24012 ABS Properties, LLC, c/o Acme Business Machines, 3727 Challenger Drive, N. E., Roanoke, Virginia 24012 Mr. & Mrs. Michael Grome, 4050 Trail Drive, N. E., Roanoke, Virginia 24012 Mr. & Mrs. Dewey Stilwell, 4111 Blue View Drive, N. E., Roanoke, Virginia 24012 Mr. & Mrs. Nelson Dudley, 4110 Blue View Drive, N. E., Roanoke, Virginia 24012 Janet Schied, Chief Planner, County of Roanoke, P. O. Box 29800, Roanoke, Virginia 24018 Bobby Dillon, President, Wildwood Civic League, 3307 Meadow Run Drive, N. E., Roanoke, Virginia 24012 Phillip McDermott, 2712 Dell Avenue, N. E., Roanoke, Virginia 24012 Jesse A. Hall, Director of Finance Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer Robert B. Marietta, Chair, City Planning Commission, 2831 Stephenson Avenue, S. W., Roanoke, Virginia 24014 Martha P. Franklin, Secretary, City Planning Commission Elizabeth A. Neu, Director, Economic Development Sherman M. Stovall, Director, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of August, 2004. No. 36821-081604. "AN ORDINANCE to amend {}36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 716, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading of this ordinance by title. WHEREAS, the City of Roanoke has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the applicant; WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by {}36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on August 16, 2004, after due and timely notice thereof as required by {}36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opporttmity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 716 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular manner and no other: The certain tract of land lying at the intersection of Orange Avenue, N.E., and Blue Hills Drive, N.E., containing 11.0677 acres, more or less, identified as Official Tax No. 7160113, and designated on Sheet No. 716 of the Sectional 1976 Zone Map, be, and is hereby rezoned fi.om LM, Light Manufacturing District, to C-2, General Commercial District, subject to the proffers contained in the Petition filed in the Office of the City Clerk on June 8, 2004, and that Sheet No. 716 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. CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: pla n ning~ci.roanoke.va.us Augustl6,2004 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: Request from the City of Roanoke that a tract of land lying at the intersection of Orange Avenue, N.E., and Blue Hills Drive, N.E., identified as Official Tax No. 7160113, be rezoned from LM, Light Manufacturing, District, to C-2, General Commercial, District, such rezoning to be subject to certain conditions proffered by the petitioner. Planning Commission Action: Public hearing was held on Thursday, July 15, 2004. A roll call vote was taken on the petition, and it was approved 5-0 (Mr. Butler not present for the vote and Mr. Scholz recused himself from discussion and vote). Furthermore, the Commission requests that City Council, in order to ensure that future development of the property adheres to the principles and policies of ~/ision 2001-2020, the City's Comprehensive Plan, require that a detailed site development plan, including building perspectives and elevations, be submitted to the Planning Commission for review and approval before the property, in whole or in part, is conveyed to a potential buyer, Background: The petitioner requests to rezone Tax Map Number 7160113 from LM, Light Manufacturing, to C-2, General Commercial, Conditional, for the purpose of permitting the development of commercial uses at the entrance of the Roanoke Centre for Industry and Technology (RCIT). The petitioner proffers the following conditions: (1) Principal permitted uses on the property shall be limited to the following: a. Restaurants; b. Hotels, motels, and inns; c. Business service establishments; d. Indoor recreational uses limited to a fitness center; e. General and professional offices including financial institutions; and f. Day care centers with unlimited capacity subject to the requirements of section 36.1-510 et seq. (2) There shall be no curb cuts on Orange Avenue/Route 460. (3) Freestanding signage shall be limited to one (1) per principal permitted use developed on the property. Consideration: The adjacent land uses and zoning districts include: A housing subdivision located in Roanoke County along its eastern edge. · Across Orange Avenue in the County is an office machine repair shop. · Across Orange Avenue are C-2 and RS-3 districts. Uses include a single-family home, vacant land, and a variety of commercial/retail sales & service establishments. · Across Blue Hills Avenue located within the Roanoke Centre for Industry and Technology is a vacant LM, Light Manufacturing, zoned parcel. · Abutting to the north is an Orvis manufacturing facility zoned LM. The petition request is consistent with the following recommended actions and statements of V/s/on 2001-2020, the City's Comprehensive Plan: · Encourage commercial development in appropriate areas (i.e., key intersections and centers). (ED PS) Develop and implement an economic development strategy that attracts, retains, and expands businesses in targeted industries.(ED A24) New development along the City's edges should promote a positive image of the City respecting natural features, emphasizing high quality building design, and incorporating appropriate landscaping. (p.89) Site development should be maximized through reduced parking areas and parcels developed along street frontages. Shared parking should be encouraged. (p.92) Proffered condition (1) provides uses that support the light manufacturing district within the industrial centre and are compatible with the commercial district along the Orange Avenue/Route 460 corridor. Furthermore, traffic congestion and visual clutter will be minimized by eliminating the possibility of any additional curb cut along Orange Avenue and minimizing the number of freestanding signs to one (1) per principal use on the parcel. The restrictive covenants in the Roanoke Centre for Industry and Technology that govern development aspects, such as landscaping, building setbacks, and site coverage ratio, provide adequate assurance that new site development will be compatible with existing development and the environment. One person spoke in opposition to the rezoning petition. Ulinda Grome, an adjacent property owner of 4050 Trail Drive in Roanoke County, expressed concerns regarding the effect development impacts such as rock blasting may have on her property and the increased traffic congestion additional development may cause along the Orange Avenue corridor. Recommendation: Given the petition's consistency with Vision 2001-2020, the Commission, by a vote of 5-0, recommends to rezone the subject parcel to C-2, General Commercial, subject to the conditions proffered by the applicant. Furthermore, the Commission requests that City Council, in order to ensure that future development of the property adheres to the principles and policies of Vision 2001-2020, the City's Comprehensive Plan, require that a detailed site development plan, including building perspectives and elevations, be submitted to the Planning Commission for review and approval before the property, in whole or in part, is conveyed to a potential buyer. Respectfully submitted, Robert B. Marietta, Chairman City Plannin§ 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 Elizabeth Neu, Director, Economic Development IN RE: CONDITIONAL PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Rezoning of a tract of land lying at the intersection of Orange Avenue, N.E., and Blue Hills Drive, N.E., in the City of Roanoke, Virginia, identified as Official Tax Map Number 7160113, from LM, Light Manufacturing, District, to C-2, General Commercial, District, such rezoning to be subject to certain conditions proffered by the petitioner. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, City of Roanoke, owns land in the City of Roanoke containing 11.0677 acres, more or less, located at the intersection of Orange Avenue, N.E., and Blue Hills Drive, N.E., identified as Official Tax Map Number 7160113. Said tract is currently zoned LM, Light Manufacturing. A map of the property to be rezoned is attached as Exhibit 1. A concept plan is attached as Exhibit 2. 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 LM, Light Manufacturing, District, to C-2, General Commercial District, subject to certain conditions set forth below, for the purpose of permitting the development of commercial uses, including restaurant, office, hotel, business service establishment, fitness center, or day care center, at the entrance of the Roanoke Centre for Industry and Technology (RCIT). 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 provide for the development of an appropriate mix of land uses at the entrance of the Roanoke Centre for Industry and Technology and along an important gateway of the City. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and the Petitioner will abide by, the following conditions: (1) Principal permitted uses on the property shall be limited to the following: a. Restaurants; b. Hotels, motels, and inns; c. Business service establishments; d. Indoor recreational uses limited to a fitness center; e. General and professional offices including financial institutions; and f. Day care centers with unlimited capacity subject to the requirements of section 36.1-510 et seq. (2) There shall be no curb cuts on Orange Avenue/Route 460. (3) Freestanding signage shall be limited to one (1) per principal permitted use developed on the property. Attached as Exhibit 3 are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to and immediately across a street or road from the 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 8th day of June, 2004. Respectfully submitted, By: Owner Ci~ of Roanoke 0 c- O EXHIBIT 2 EXHIBIT 3 Adjoining Property Owners City of Roanoke Tax Number 7160113 Blue Hills Drive, N.E. Roanoke, Virginia City of Roanoke 7160102 City of Roanoke 215 Church Ave. Roanoke, VA 24011 7210107 The O~is Co.,Inc. P O Box 12000 Roanoke, VA 24022 7110124 National Bank of Commerce P O Box 750007 Memphis, TN 381 75 7110125 Member One Federal Credit Union 202 4'h Street, NE Roanoke, VA 24016 7110122 Fudds of SW Virginia 3659 Orange Avenue, NE Roanoke, VA 24012 7110106 Evelyn K. Gish 3659 Orange Avenue, NE Roanoke, VA 24012 County of Roanoke 050.05.01-26-00-0000 0 Challenger Ave Wittco Inc. POBox 19042 Roanoke, VA 24019 050.05-01-29.00-0000 Gregory A. & Lori Bailey 4052 Trail Drive Roanoke, VA 24012 050.01-01-01.01 -0000 ABS Properties, LLC c/o Acme Business Machines 3727 Challenger Drive, NE Roanoke, VA 24012 050.05-01-28.00-0000 Michael and Ulinda Grome 4050 Trail Drive, NE Roanoke, VA 24012 050.05-01-30.00-0000 Dewey & Iva Stilwell 4111 Blue View Drive Roanoke, VA 24012 049.08~01-13.00-0000 Nelson & Janie Dudley 4110 Blue View Drive Roanoke, VA 24012 NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING COMMISSION TO WHOM IT MAY CONCERN: The City of Roanoke Planning Commission will hold a public hearing on Thursday, July 15, 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 that a tract of land lying at the intersection of Orange Avenue, N.E., and Blue Hills Drive, N.E., identified as Official Tax No. 7160113, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. A copy of the application is available for review in the Department of Planning Building and Development, Room 166, Noel C. Taylor Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person who needs accommodations for this hearing, please contact the Department of Planning Building and Development at 853-1730 before 12:00 noon on the Monday before the date of the hearing listed above. Martha P. Franklin, Secretary Planning Commission Please print in newspaper on Tuesday, June 29 and July 6, 2004 Please bill to credit card and send Affidavit of publication to: Martha P. Franklin Planning Building and Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 (540) 853-6874 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: City of Roanoke, intersection of Orange and Blue Hills, N.E. ) Tax No. 7160113, from LM to C-2, conditional ) AFFIDAVIT COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 15th day of June, 2004, notices of a public hearing to be held on the 15th day of July, 2004, on the rezonin9 captioned above to the owner or agent of the parcels listed below Parcel 7160102 7210107 at their last known address: Owner's Name Petitioner The Orvis Co., Inc. 7110124 7110125 7110122 7110106 National Bank of Commerce Member One Federal Credit Union Fudds of SW Virginia Evelyn K. Gish County of Roanoke Wittco Inc. Gregory A. and Lori Bailey ABS Properties, LLC cio Acme Business Machines Michael and Ulinda Grome Dewey & Iva Stilwell Nelson & Janie Dudley Mailin.q Address P O Box 12000 Roanoke, VA 24022 P O Box 750007 Memphis, TN 38175 202 4th Street, N.E. Roanoke, VA 24016 3659 Orange Avenue, NE Roanoke, VA 24012 3659 Orange Avenue, NE Roanoke, VA 24012 P O Box 19042 Roanoke, VA 24019 4052 Trail Drive Roanoke, VA 24012 3727 Challenger Drive, NE Roanoke, VA 24012 4050 Trail Drive, NE Roanoke, VA 24012 5111 Blue View Drive Roanoke, VA 24012 4110 Blue View Drive Roanoke, VA 24012 Also mailed to: Janet Schied Chief Planner County of Roanoke P O Box 29800 Roanoke, VA 24018 Bobby Dillon, President Wildwood Civic League 3307 Meadow Run Drive, NE Roanoke, VA 24012 Phillip McDermott 2712 Dell Avenue, NE Roanoke, VA 24102 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 15th day of June, 2004. Notary Public My Commission Expires: 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 03075898 State of Virginia City of Roanoke Blue Hills 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 ~-y 2004. Witness my hand and official seal. ~ ~~~__~__. ___~_nNotarv Public 'Y~ ~o~i sslon e xp ~t~-~__3_p~_Q~_~____. PUBLISRED ON: 07/30 08/06 265.10 08/06/04 TOTAL COST: FILED ON: Authorized ~% ~ Si g n a t u r e: ____~.._~___(2.__~/~. ........... Billing Services Representative NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, August 16, 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 LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain proffered conditions, the following property: That certain tract of land lying at the intersection of Orange Avenue, N.E., and Blue Hills Drive, N.E., containing 11.0677 acres, more or less, identified as Official Tax No. 7160113. 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, August 12, 2004. GIVEN under my hand this 28th day of July ., 2004. Mary F. Parker, City Clerk. H:~NOTICES/N P~EZO- CITY BLUEHILLSDR 0816041)Ot2 Notice to Publisher: Publish in the Roanoke Times once on Friday, July 30, 2004, and once on Friday, August 6, 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 June 8, 2004 File #51 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Robert B. Marietta, 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 June 8, 2004, from Darlene L. Burcham, City Manager, requesting that a tract of land located at the intersection of Orange Avenue, N. E., and Blue Hills Drive, N. E., in the City of Roanoke, containing 11.0677 acres, more or less, identified as Official Tax No 7160113, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosures H:\Rezonings - Street Alley Closing 04~June 2004\City of Roanoke - blue hills..doc Robert B. Manetta June 8, 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 ~Rezonings - Street Alley Closing 04~June 2004\City of Roanoke - blue hills..doc MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: {$40) 853-1145 E-mail: clerk@ci.roanoke.va.us August5,2004 File #51 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk The Orvis Co., Inc. Member One Federal Credit Union Ms. Evelyn K. Gish Wittco, Inc. ABS Properties, LLC Mr. and Mrs. Dewey Stilwell Wildwood Civic League National Bank of Commerce Fudds of S. W. Virginia County of Roanoke Mr. and Mrs. Gregory A. Bailey Mr. and Mrs. Michael Grome Mr. and Mrs. Nelson Dudley Mr. Phillip McDermott 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, August 16, 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 that atract of land located at the intersection of Orange Avenue and Blue Hills Drive, N. E., identified as Official Tax No. 7160113, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. The City Planning Commission is recommending that Council approve the request for rezoning. If you would like to receive a copy of the report of the City Planning Commission, please call the City Clerk's Office at 540-853-2541. N:\CCPS l\Public Hearings 2004~August 04~August 2004 Attorney and Adjoining Propety Owners Letters.doc Interested PrOperty Owners and/or Adjoining Property Owners August 5, 2004 Page 2 This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning, Building and Development at 540-853-1730. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm N:\CCPS l ~Public Hearings 2004~August 04~August 2004 Attorney and Adjoining Propety Owners Letters.doc MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk~ci.roanoke.va.us STEPHAN1E M. MOON Deputy City Clerk SHELL4, N. HARTMAN Assistant City Clerk August 19, 2004 File #444 Diane S. Childers, Clerk Roanoke County Board of Supervisors P. O. Box 29800 Roanoke, Virginia 24018-0798 Dear Ms. Childers: I am enclosing copy of Ordinance No. 36822-081604 authorizing the Mayor to execute an agreement between the County of Roanoke and the City of Roanoke relating to certain boundary line adjustments between the two governmental entities; and directing that certain other actions relating to such boundary line be taken as provided by law The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 16, 2004, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment Diane S. Childers August :~9, 2004 Page 2 pc: The Honorable Brenda S. Hamilton, Clerk of Circuit Court The Honorable Sherman A. Holland, Commissioner of the Revenue The Honorable Evelyn W. Powers, City Treasurer Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance William M. Hackworth, City Attorney Susan S. Lower, Director, Real Estate Valuation Philip C. $chirmer, City Engineer IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of August, 2004. No. 36822-081604. AN ORDINANCE authorizing the Mayor to execute an agreement between the County of Roanoke and the City of Roanoke relating to certain boundary line adjustments between those governmental entities; directing that certain other actions relating to such boundary line be taken as provided by law; and dispensing with the second reading by title of this ordinance. WHEREAS, the Council deems it necessary in order to further the public health, safety, and welfare to relocate portions of the boundary line between the City of Roanoke and the County of Roanoke in accordance with the provisions of§15.2-3106, et seq., of the Code of Virginia (1950), as amended; WHEREAS, relocation of the boundary line between such governmental entities in the areas proposed will permit more effective and efficient delivery of municipal services; WHEREAS, the City Manager has recommended to the Council establishment of a new boundary line at certain points between the City of Roanoke and the County of Roanoke, as set out in the City Manager's letter dated August 16, 2004, to this Council; and WHEREAS, the Roanoke County, through its administration, has agreed to the boundary relocation and this Council concurs in the recommendation of the City Manager as set forth in the City Manager's letter dated August 16, 2004, to this Council. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Mayor and the City Clerk be, and hereby are, authorized to execute and attest, respectively, an agreement between the City of Roanoke and the County of Roanoke, in form approved by the City Attorney, establishing a new boundary line at certain points between the jurisdictions as more particularly described in the exhibits attached to the City Manager's report dated August 16, 2004, all of which are incorporated by reference herein. 2. Upon execution of the agreement between the governing bodies, the City Attorney or County Attorney is authorized to petition the Circuit Court of one of the affected jurisdictions to relocate the boundary line in accordance with the exhibits attached to the City Manager's report dated August 16, 2004. 3. Upon entry of an order by the Circuit Court establishing the new boundary line, the Clerk of the Circuit is requested to forward a certified copy of such order to the Secretary of the Commonwealth, as required by law. 4. The Mayor and City Attorney are authorized to take, or cause to be taken, such other actions, and to execute other documents as may be required by law to effect the changes in the boundary line as set forth herein. 5. The City Clerk is directed to forward an attested copy of this ordinance to the Clerk of the Board of Supervisors for Roanoke County. 6. Pursuant to §12 of the Roanoke City Charter, the second reading of this ordinance by title paragraph 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.corn August 16, 2004 Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, 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: Boundary Line Adjustments In May 2003, Roanoke County approached the city with a proposed boundary adjustment for Vinyard Park. Subsequently the city suggested an adjustment to bring all of the Water Pollution Control Plant into the city. Rockydale Quarries also requested a minor adjustment. The proposed boundary adjustments consist of: (i) moving 53.038 acres of Vinyard Park from the city to the county, (ii) moving 9.024 acres owned by Rockydale Quarries from the county to the city, and (iii) moving 33.094 acres owned by the Western Virginia Water Authority Water Pollution Control Plant, 5.131 acres owned by A. PJ., LLC, and 0.753 acres owned by James R. Chisolm from the county to the city. These are shown on Attachments 1,2 and 3. All these adjustments wilt consolidate holdings in a single jurisdiction and it will not have a significant impact on real estate revenue to the City of Roanoke. Recommended Action(s): Following a public hearing, authorize the Mayor and City Clerk to execute an agreement between the County of Roanoke and the City of Roanoke agreeing to the proposed boundary line changes; authorize the City Attorney to file the necessary petition with the circuit court seeking an order approving the boundary line changes, and to take whatever additional action that may be necessary to effect the changes. Respectfully submitted, Darlene L. Burc'-tl'am City Manager DLB/ge Attachments C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Phil Schirmer, City Engineer Susan Lower, Director of Real Estate Valuation CM04-00146 Attachment #1 3'd 'S'3£V I3OSSV x/3GSINi'FI Attachment #2 Attachment #3 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times COUNTY OF ROANOKE I /1~ parcel of rsalestate PO BOX 29800 DIANE CHILDERS ROANOKE VA 24018 RE FERENCE: 80054613 ~ ~ ~ i (2)Par~.l, o~ rea~ estate I, (the undersigned) an authorized representative 24,2004, atT:0~p.m, ln is publisher of the Roanoke Times, a daily published in said newspapers on the followin~ :ou.~HC~amberi, RoOm Ne. 88.03-1-36 being V~ia. Sworn and subscribed before me this i~: a~Sh°wt"~Co'Po'ateaou""'LmeAdj~me,tSu~em ~_~day of August 2004. Witness my hand and rat~o.~rape, Eoaeste f~ 1 ~7 ' ~ Roanoke Vlnyard Park Site ' ...... tary Public acres),A.p.A LLC(6.131 PU~LI S~ED ON: 08/02 08/09 at the Clerk s 0ffice of the ~.OS-: 554 30 s FILED ON: 08/09/04 ( Authorized /~ _~ ~ ~ .... Signature:_~~ ..... Billin9 Services Representative NOTICE OF PROPOSED BOUNDARY LINE RELOCATIONS TO WHOM IT MAY CONCERN: Pursuant to Sections 15.2-3106, et seq, of the 1950 Code of Virginia, as amended, the Board of Supervisors of Roanoke County, on Tuesday, August 24, 2004, at 7:00 p.m. in the Roanoke County Administration Center, Board Meeting Room, 5204 Bernard Drive, Roanoke, Virginia, and the City Council of the City of Roanoke, on Monday, August 16, 2004, at 7:00 p.m. in the Roanoke City Council Chambers, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue Roanoke, Virginia, will consider adoption of an agreement authorizing the relocation of portions of the boundary line between the two jurisdictions. The boundary line adjustments are described as follows: (1) A parcel of real estate owned by Roanoke County and containing 53.038 acres being located along Berkley Road and known as Vinyard Park II (Tax Map #7020101) and currently located in Roanoke City will be included within the corporate boundary of Roanoke County. (2) Parcels of real estate owned by the Western Virginia Water Authority containing 33.094 acres (Tax Map No. 70.11-1-1); A.P.J., LLC containing 5.131 acres (Tax Map No. 70.11-1-3), and James R. Chisom containing 0.753 acres (Tax Map No. 70.11-1-19.1) being located along Underhill Avenue and currently located in Roanoke County will be included within the corporate boundary of Roanoke City. (3) A parcel of real estate owned by Rockydale Quarries Corporation and containing 9.024 acres (Tax Map No. 88.03-1-36) being located at the intersection of Draper Road and Old Rocky Mount Road currently located in Roanoke County will be included within the corporate boundary of Roanoke City. A copy of the proposed agreement between the City and the County and the "Plat Showing Corporate Boundary Line Adjustment Surveys of Rockydale Quarries Corporation Draper Road Site (9.024 acres), County of Roanoke Vinyard Park Site (53.038 acres), Western Virginia Water Authority Sewage Disposal Plant (33.094 acres), A.P.J, LLC (5.131 acres), and James R. Chisom (0.753 acres)" prepared by Lumsden Associates, P.C. and dated June 2, 2004, can be viewed at the Clerks' Office of the Roanoke County Board of Supervisors located at 5204 Bernard Drive, Roanoke, Virginia, and at the Clerk's Office of the Roanoke City Council at 215 Church Avenue, Roanoke, V~gini~ during normal business hours. Mary F. Parker Roanoke Cityclerk ' Diane S. Childers Clerk to the Board of Supervisors Of Roanoke County Attorney Please publish on: August 2, 2004 August 9, 2004 Please send the bill to: Diane S. Childers, Clerk Roanoke County Board of Supervisors P. O. Box 29800 Roanoke, VA 24018 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times .................................................. ROANOKE CITY CLERK'S 215 CHURCH AVE. RM 456 ATT: ~AH¥ ~AHKER, c~ ROANOKE VA 24011 REFERENCE: 80023382 03135102 Solid Waste Mgmt Pla State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Vi~_~ia~ayS~r~2~4b.scr~ndebs~fmO~eham~dtah~ ~i~ seal. · ~~__ __~_, ~_~_~ ~Not ary~Publ ic My com~.s~r~~~O_L~_~- .... . PUBLISHED ON: 08/06 TOTAL COST: 241.00 FILED ON: 08/06/04 .................................................. + ........................ Authorized Signature: Billin9 Services Representative NOTICE OF PUBLIC HEARING CITY OF ROANOKE SOLID WASTE MANAGEMENT PLAN Notice is hereby given that the Council of the City of Roanoke will hold a Public Heating on Monday, August 16, 2004, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, for the purpose of receiving comments on the City's proposed Solid Waste Management Plan. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of the Solid Waste Management Plan within such reasonable time limits as shall be established by City Council. Persons desiring to speak on behalf of others must have their names placed on the agenda in accordance with regular procedures of the Roanoke City Council. Written comments of interested persons will be received by the City Clerk at any time prior to the hearing. The purpose of the Solid Waste Management Plan is to address source reduction, reuse, recycling, resource recovery (waste-to-energy), incineration and tandfilling of residential, commercial, and industrial solid waste generated within the City of Roanoke. Public participation in the development of the Solid Waste Management Plan is required by 9VAC20- 130-130 of Chapter 130, Regulations for the Development of Solid Waste Management Plans, of the Virginia Administrative Code (2004), as amended. Complete copies of the proposed Solid Waste Management Plan are available for public inspection in the Office of the City Clerk, Room 456, Municipal Building, 215 Church Avenue, S.W., and all City Library locations, including the Law Library. Comments will be accepted in writing through August 16, 2004, at the Solid Waste Management Department, 1802 Courtland Road, N.W., Roanoke, Virginia 24012. Citizens who desire to speak at the meeting should contact the City Clerk's office at 853-2541. Individuals with a disability needing an accommodation should contact the City Clerk's office by August 12, 2004. For further information about the meeting or to comment on or inquire about the proposed Solid Waste Management Plan, contact the Solid Waste Management Department at 853-2448. Given under my hand this 29th day of July ,2004. Mary F. Parker, City Clerk. Notice to Publisher: Publish in the Roanoke Times once on Friday, August 6, 2004. Send bill and affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 Notice to Publisher: Publish in The Roanoke Tribune once on Thursday, August 5, 2004. Send bill and affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk July 29, 2004 File #51-514 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 Harris and Members of Council: Pursuant to provisions of Resolution No. 25523 adopted bythe Council of the City of Roanoke on Monday, April 6, 1981, or other instructions by the Council, the following matters have been advertised for public hearing on Monday, August 16, 2004, at 7:00 p.m., in the City Council Chamber: (-~) Request of Roanoke Gas Company that a portion of Kimball Avenue, N. E., right-of-way bounded on the east by Official Tax No. 3015009, on south byOfficial Tax No. 3015001, and from the northwest corner of Official Tax No. 3015001 to the northwest corner of Official Tax No. 3015009, be permanently vacated, discontinued and closed. (2) Request of Hollins Road Church of the Brethren, Doris P. Fitzgerald, John H. and Melba W. Burleson that an alley located between the 800 block of Palmer Avenue and Liberty Road, N. E., be permanently vacated, discontinued and closed. (3) Request of C. Douglas and Aha P. Corbin that the southernmost portions of Thyme, Linden and Pink Streets, S. E., at their intersections with Ivy Street, be permanently vacated, discontinued and closed. N:\CKEWI~Pub]ic Hearings 2004L~,ugust 2004~August 19 Council Letter.doc The Honorable Mayor and Members Of the Roanoke City Council July 29, 2004 Page 2 (4) Request of 2123 Crystal Spring Avenue, LLC, that proffered conditions presently binding upon a tract of land located at 2123 Crystal Spring Avenue, S.W., identified as Official Tax No. 1050514, contained in Ordinance No. 34734-040300, be repealed and replaced with new proffered conditions. (5) Request of the City of Roanoke that a tract of land located at the intersection of Orange Avenue and Blue Hills Drive, N. E., identified as Official Tax No. 7160113, be rezoned from LM, Light Manufacturing District; to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. (6) Amendment of Vision 2001-2020, the City's Comprehensive Plan, to include the Williamson Road Area Plan. (7) Proposed boundary line relocations between the City of Roanoke and the County of Roanoke along certain properties located on Berkley Road, N. E., Underhill Avenue, S. E., and at the intersection of Draper Road and Old Rocky Mount Road, S.W. (8) Public input regarding the proposed Solid Waste Management Plan. (9) Proposed encroachment into the public right-of-way located at 16 Campbell Avenue, S. W., for installation of an awning. I am enclosing copy of City Planning Commission reports in connection with certain of the above referenced public hearings. N:\CKEWI~Public Hearings 2004~August 2004k4ugust 19 Council Letter.doc The Honorable Mayor and Members of the Roanoke City Council July 9, 2004 Page 3 With kindest personal regards, I am Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosure pc: Robert B. Manetta, Chair, City Planning Commission, 2831 Stephenson Avenue, S. W., Roanoke, Virginia 24014 Darlene L. Burcham, City Manager Rolanda B. Russell, Assistant City Manager for Community Relations Susan S. Lower, Director, Real Estate Valuation William M. Hackworth, City Attorney, transmitted electronically by e-mail Steven J. Talevi, Assistant City Attorney Philip C. Schirmer, City Engineer Martha P. Franklin, Secretary, City Planning Commission Stephanie M. Moon, CMC, Deputy City Clerk Sharon A. Mougin, Executive Secretary, City Manager's Office, transmitted electronically by e-mail N:\CKEWlh°ublic Hearings 2004~August 2004~August 19 Council Letter.doc MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk(~ci.roanoke.va.us August 19, 2004 File #169 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Sutton Construction Company P. O. Box 12068 Roanoke, Virginia 24022 Ladies and Gentlemen: I am enclosing two copies of Ordinance No. 36823-081604 granting a revocable license to Sutton Construction Company of Roanoke, Inc., permitting the' encroachment of an overhead awning at a height above the sidewalk of ten feet, with the overhead awning extending forty-two inches, into the public right-of-way of 16 Campbell Avenue, S. W., from property bearing Official Tax No. 1011707, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 16, 2004, and is in full force and effect upon its passage. Please note insurance and recordation requirements on page 2 of the abovereferenced ordinance. Mary F. Parker, CMC City Clerk MFP:ew Enclosure Sutton Construction Company August 19, 2004 Page 2 pc: Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Sarah E. Fitton, Engineering Coordinator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of August, 2004. No. 36823-081604. /~N ORDINANCE granting a revocable license to permit the encroachment of an overhead awning at a height above the sidewalk often (10) feet, with the overhead awning extending forty-two (42) inches, in the public right-of-way of 16 Campbell Avenue, S.W., from property bearing Official Tax No. 1011707, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. WHEREAS, a public hearing was held on August 16, 2004, pursuant to §§ 15.2-1800(B), 15.2- 1813 and 15.2-2010, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such permit. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. permission is hereby granted the property owner, Sutton Construction Co. of Roanoke, Inc., ("Licensee") of the property bearing Official Tax No. 1011707, otherwise known as 16 Campbell Avenue, S.W., within the City of Roanoke, to permit the encroachment of an overhead awning at a height above the sidewalk of ten (10) feet, with the overhead awning extending forty-two (42) inches, in the public right-of-way of 16 Campbell Avenue, S.W., as more fully described in a letter of the City Manager to City Council dated August 16, 2004. 2. Such license, granted pursuant to §15.2-2010, Code of Virginia (1950), as amended, shall be revocable at the pleaSure of the Council of the City of Roanoke and subject to all the limitations contained in § 15.2-2010. 3. It shall be agreed by the Licensee that, in maintaining such encroachment, the Licensee and its grantees, assignees, or successors in interest shall agree to indemnify and save harmless the City of Roanoke,. its officers, agents, and employees fi.om all claims for injuries or damages to persons or property that may arise by reason of the above-described encroachment in the public right-of-way. 4. Licensee, its grantors, assigns or successor in interest shall for the duration of this license maintain on file with the City Clerk's Office evidence of insurance coverage in an amount not less than $1,000,000.00. This insurance requirement may be met by either homeowner's insurance or commercial general liability insurance. The certificate of insurance must list the City of Roanoke, its officers, agents and employees as additional insureds, and an endorsement by the insurance company naming these parties as additional insureds must be received within thirty (30) days of passage of this ordinance. The certificate shall state that such insurance may not be canceled or materially altered without thirty (30) days written advance notice of such cancellation or alteration being provided to the Risk Management Officer for the City of Roanoke. 5. The City Clerk shall transmit an attested copy of this ordinance to Sutton Construction Co. of Roanoke, Inc., P. O. Box 13327, Roanoke, Virginia 24033. 6. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, and acknowledged by the Licensee, has been admitted to record, at the cost of the Licensee, in the Clerk's Office of the Circuit Court for the City of Roanoke and shall remain in effect only so long as a valid, current certificate evidencing the insurance required in Paragraph 4 above is on file in the Office of the City Clerk. 7. Pursuant to the provisions of § 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. ACCEPTED and EXECUTED by the undersigned this __ day of ., 2004. SUTTON CONSTRUCTION CO. OF ROANOKE, INC. by:. (SEAL) title COMMONWEALTH OF VIRGINIA § To-Wit: The foregoing instrument was acknowledged before me in my jurisdiction aforesaid this __ day of ,2004, by ~, of Sutton Construction Co. of Roanoke, Inc. My Commission expires: Notary Public 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 August 16, 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: Encroachment into Public Right-of-Way Proposed Awning at 16 Campbell Avenue, SW, Tax No. 1011707 ACS Design, on behalf of Sutton Construction Co. of Roanoke, Inc., owner of property located at16 Campbell Avenue, SW, has requested permission to install an awning on the building at 16 Campbell Avenue, SW, which would encroach into the public right-of-way. The proposed awning would encroach approximately forty-two (42) inches into the right-of-way of Campbell Avenue, and have ten (10) feet of clearance above the sidewalk. See Attachment #1. The right-of-way of Campbell Avenue at this location is approximately sixty (60) feet in width. Liability insurance and indemnification of City by the property owner shall be provided as specified in the attached exhibit. See Attachment #2. Recommended Action(s): Council adopt an ordinance, to be executed by the owner of the property, and be binding on the owner and his heirs and assigns. The executed Mayor Harris and Members of City Council August 16, 2004 Page 2 ordinance will be recorded in the Clerk's office of the Circuit Court for the City of Roanoke, granting a revocable license to the owner to allow the installation of an awning at 16 Campbell Avenue, SW, encroaching into the right-of-way of Campbell Avenue, SW. Respectfully submitted, arlene L. B~rrc~m City Manager DLB/SEF Attachment C' Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sarah E. Fitton, Engineering Coordinator #CM04-00137 Attachment #1 a'-o' [.o,' CAMPBE[;L AVENUE RE3TAURANT CITY OF ROANOKE, VIRGINIA Attachment #2 INSURANCE REQUIREMENTS FOR ENCROACHMENTS IN RIGHT-OF-WAY COMMERCIAL Owner shall obtain liability insurance coverage with respect to claims arising out of the subject matter of this agreement. The amount of such insurance shall not be less than: A. General Aggregate $1,000,000 B. Products - Completed/Operations Aggregate $1,000,000 C. Personal and Advertising Injury $1,000,000 D. Each Occurrence $1,000,000 Above amounts may be met by umbrella form coverage in a minimum amount of $1,000,000 aggregate; $1,000,000 each occurrence. Owner shall name the City, its officers, agents, employees, and volunteers as additional insured as its interests may appear on the above policy. Such coverage shall not be canceled or materially altered except after thirty (30) days prior written notice of such cancellation or material alteration to City Engineer of the City of Roanoke. Owner shall indemnify and save harmless the City of Roanoke, its officials, officers and employees, from all claims for injuries or damages to persons or property that may arise by reason of the encroachment over public right-of-way. The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times .................................................. + ........................ ROANOKE CITY CLERK'S 215 CHURCH AVE. RM 456 ATT: MARY PARKER, CL ROANOKE VA 24011 REFERENCE: 80023382 03135234 State of Virginia City of Roanoke sidewalks I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Vir~/a. Sworn and subscribed before me this ___~_day of ~2004. Witness my hand and official seal. .~_~ ~ /~.~ Notarv Public My commiss ~--~~~~__ ..... PUBLISHED ON: 08/06 139.78 08/06/04 TOTAL COST: FILED ON: cu K' 13 Authorized ~_~_ _~ Signature: ............ , Billin9 Services Representative NOTICE OF PUBLIC HEARING The City of Roanoke proposes to allow the encroachment of an awning at a height often (10) feet above the sidewalk and extending approximately forty-two (42) inches into the public tight-of- way of 16 Campbell Avenue, S.W., from property identified as 16 Campbell Avenue, S.W., and bearing Official Tax No. 1011707. Pursuant to the requirements of§§15.2-1800(B), 15.2-1813 and 15.2-2010, Code of Virginia, (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public heating on the above matter at its regular meeting to be held on August 16, 2004, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Further information is available from the Office of the City Clerk for the City of Roanoke at (540) 853-2541. Citizens shall have the opportunity to be heard and express their opinions on said matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office (853-2541), before 12:00 noon on Thursday, August 12, 2004. GIVEN under my hand this 29thday of July ,2004. Mary F. Parker, City Clerk. H ~NOTICES\NE-ACSDESIGN081604 DOC Notice to Publisher: Publish in the Roanoke Times once on Friday, August 6, 2004. Send bill and affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 Mayor Harris and Members of City Council: I am here to request that the School Resource Officer Program retain its "special unit" status with SGT Bocanegra as the supervisor and coordinator of the program. Bocanegra has already been reassigned in preparation for the police department's implementation of geographic policing. Chief Gaskins says that geographic policing was designed to "enhance policing in the community and accountability in the department." Splitting Bocanegra's responsibilities among 16 - 20 SGTs, with 4 or 5 different officers holding responsibility for a single school every week will not accomplish this goal. In reality, it will be responsible for weakening the program. Bocanegra provides knowledge, expertise, and experience which are unique to the day-to-day operations of the SRO program as well as unusual situations which may occur in the course of his law enforcement operations. If he is not returned to the SRO program, accountability will be decreased by the diminished coordination of services. Remember that the lack of consistency ~n-a~s:~n:n~ ~ was the number one school safety complaint in recent years. How much consistency can be expected when I SGT is on duty when an incident occurs, a 2nd SGT gets involved during the investigation, and yet a 3rd SGT may be on duty when charges are placed? When SGT Staples presented geographic policing to council, he said the major reason for implementing it was to increase community policing. The SRO program as we have known it for the past 20+ years is already community policing at its best. These officers were excelling at it before the term "community policing" even existed. Greater ownership and a higher level of commitment cannot be found anywhere in the Roanoke Police Department. Effective partnerships with the school community have already been established. Replacing Bocanegra will not increase the department's ability to work with citizens to provide a livable, safe community. · Citizens currently feel empowered to work in proactive partnerships with Bocanegra. They have learned that with Bo there is no fear of officer insensitivity, incivility, or discourtesy, unlike the attitude some officers may display toward policing in the schools. If the department leaves the SRO program alone, people will continue to feel protected and enfranchised. If it is dismantled, your supervisors will be starting over in terms of identifying and prioritizing the needs of this special clientele. The Department will also be taking away this groups feeling that they have "input" into what happens to them. This lack of respect for the citizens of the school community could lead to an unwillingness to cooperate when the police need it. It could break down the advances that have been made in terms of students accepting responsibility for the things they can "police themselves." For months citizens have been trying to establish a "partnership" with the police department. They want to help decide the role of the police in the schools. But Chief Gaskins and Ms. Burcham haven't been supportive of citizen empowerment. So it is up to you to empower the people of Roanoke. Please see to it that SGT Manuel Bocanegra remains the supervisor and coordinator of the School Resource Officer Program. Thank you. /~