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Home My WebLink AboutCouncil Actions 09-20-04Cut/er 36844-092004 ROANOKE CITY COUNCIL REGULAR SESSION SEPTEMBER 20, 2004 2:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order - Roll Call. (All Council Members were present.) The Invocation was delivered by The Reverend Adrian Dowell, Pastor, Shiloh Baptist 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 RVTV Channel 3. Today's meeting will be replayed on Channel 3 on Thursday, September 23, 2004, at 7:00 p.m., and Saturday, September 25, 2004, at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., OR CALL 853-2541. THE CITY CLERK'S OFFICE PROVIDES THE MAdORITY OF THE CITY COUNCIL AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT WWW. ROANOKEGOV.COM, CLICK ON THE ROANOKE CITY COUNCIL ICON, CLICK ON MEETINGS AND AGENDAS, AND DOWNLOAD THE ADOBE ACROBAT SOFTWARE TO ACCESS THE AGENDA. ALL PERSONS WISHING TO ADDRESS COUNCIL ARE REQUESTED TO REGISTER WITH THE STAFF ASSISTANT WHO IS LOCATED AT THE ENTRANCE TO THE COUNCIL CHAMBER. ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLO'I-FED FIVE MINUTES EACH, HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLOTTED THREE MINUTES. ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMYI-I'EE IS REQUESTED TO CONTACT THE CITY CLERK'S OFFICE AT 853-2541, OR ACCESS THE CITY'S HOMEPAGE AT WWW. ROANOKEGOV.COM, TO OBTAIN AN APPLICATION. 2. PRESENTATIONS AND ACKNOW Fr GEMENTS: Introduction of special guests from the Ukraine. File #80 Presentation by Dr. Robert Roth, (Sponsored by the City Manager.) File #80-327 Chair, Roanoke Valley Sister Cities. Presentation by Peter Lampman, President, Virginia Amateur Sports, Inc. (Sponsored by the City Manager.) File #80-334-388 Joint Proclamation declaring October 2004 as Building Character Month. File #3-80 CONSENT AGENDA C-1 C-2 C-3 Approved (7-0) 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. 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, and to interview applicants for vacancies on the Architectural Review Board, pursuant to Section 2.2-371 ~ (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in the request. File #110-132 Acommunication from Mayor C. Nelson Harris requesting that Council convene in a Closed Meeting to discuss the Citizen of the Year Award, pursuant to Section 2.2-3711 (A)(10), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in the request. File #132-496 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-4 A communication from the City Manager requesting that Council schedule a public hearing for Monday, October 18, 2004, at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to a proposed agreement with Colonial Partners, EEC., in connection with development of approximately 23-acres of City-owned property located on Colonial Avenue, S.W. C-5 C-6 RECOMMENDED ACTION: Concur in the request. File #166 Qualification of the following persons: A. L. Gaskins as a member of the Regional Virginia Alcohol Safety Action Program Policy Board for a term ending June 30, 2006; A. L. Gaskins as a member of the Court Community Corrections Program Regional Community Criminal Justice Board for a term ending June 30, 2007; Charles R. Brown as a member of the Towing Advisory Board for a term ending June 30, 2007; Frank W. Feather as a member of the Fair Housing Board for a term ending March 31,2007; and Kristi Pedeltyas a memberofthe Roanoke Arts Commission fora term ending June 30, 2007. RECOMMENDED ACTION: Receive and file. Approved (7-0) File #15-110-178-230-242-536-543 A communication from the City Manager requesting that Council convene in a closed meeting to discuss a prospective business where no previous announcement of the interest of the business in locating its facilities in the City of Roanoke has been made, pursuant to Section 2.2-3711 (A)(5), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in the request. File #132-450 4 REGULAR AGENDA 4. PUBLIC HEARINGS: NONE. 5. PETITIONS AND COMMUNICATIONS: Request of David A. Bowers to address Council with regard to the reactivation of the Passenger Rail Service Committee. (Sponsored by Council Members M. Rupert Cutler and Brian J. Wishneff.) Action on the request was deferred until following the Regional Leadership Summit meeting on Friday, September 24, 2004, at 12:00 noon in Bedford, Virginia, at which time representatives of the Norfolk Southern Corporation will address intermodal transportation issues and the position of NS regarding passenger rail service. File #533 6. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFING: Housing Strategic Plan Update - 20 minutes File #1 78 ITEMS RECOMMENDED FOR ACTION: Acceptance of a Runaway and Homeless Youth Program Grant from the United States Department of Health and Human Services, in the amount of $~ 26,675.00; and appropriation of funds. Adopted Budget Ordinance No. 36845-092004 and Resolution No. 36846-092004. (7-0) File #60-236-304 Acceptance of a grant award under the Temporary Assistance for Needy Families (TANF) Hard-To-Serve Project from the Virginia Department of Social Services, in the amount of $76,400.00; and appropriation of funds. Adopted Budget Ordinance No. 36847-092004 and Resolution No. 36848-092004. (7-0) File #60-72-236 Acceptance of a grant award from the Federal Temporary Assistance for Needy Families (TANF) funding allocated by the Virginia Department of Social Services, in the amount of $68,057.00; and appropriation of funds. Adopted Budget Ordinance No. 36849-092004 and Resolution No. 36850-092004. (7-0) File #60-72-236 Acceptance of the Stay/n_q Connected Grant from the Bill and Melinda Gates Foundation, in the amount of $13,850.00; and appropriation of funds. Adopted Budget Ordinance No. 36851-092004 and Resolution No. 36852-092004. (7-0) File #60-236-323 Execution of an Amendment to the Lease Agreement dated June 5, 2001, between the City of Roanoke and the Commonwealth of Virginia, by the Virginia Department of Health, to extend the term of the current lease agreement by one year, with an expiration date of June 30, 2005, for office space located at 515 and 530 8th Street, S. W. Adopted Ordinance No. 36853-092004 (7-0) File #22-373 6 10. Amendment to the City Code to promulgate standards for right- of-way excavation and restoration, effective December 1, 2004; and amendment to the City's Fee Compendium to provide revised fees for Right-of-Way Excavation Permits, formerly Street Opening Permits. Adopted Ordinance No. 36854-092004 and Resolution No. 36855-092004. (7-0) File #24-289-514 Approval of renaming the Roanoke Civic Center Auditorium as the Roanoke Performing Arts Theatre and the Roanoke Civic Center Parlors A, B, C, D and E as Meeting Rooms 1,2, 3, 4 and 5. Adopted Resolution No. 36856-092004. (7-0) File #192 Approval of designating and renaming the First Street Bridge as the Dr. Martin Luther King, Jr., Memorial Bridge, contingent upon required approval from the Martin Luther King, Jr. Center for Nonviolent Social Change. Adopted Resolution No. 36857-092004. (7-0) File #102 Amendment to the City Code to provide for Solid Waste Management servicing of front-loading and roll-off containers. Adopted Ordinance No. 36858-092004. (7-0) File #24-144 Approval to accept the donation of a work of sculpture from JDR ART, Inc., to be known as the Unity sculpture. Adopted Resolution No. 36859-092004. (7-0) File #68-311-327 CITY ATTORNEY: NONE. DIRECTOR OF FINANCE: NONE. 7. REPORTS OF COMMI'I-FEES: NONE. 8. UNFINISHED BUSINESS: NONE. 9.INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS A Resolution reappointing Charles E. Hunter, III, as a Director of the Industrial Development Authority of the City of Roanoke for a term of four years, commencing on October 21,2004. Adopted Resolution No. 36860-092004. (7-0) File #15-207 A Resolution changing the time of commencement of the regular meeting of City Council scheduled to be heard at 9:00 a.m. to 12:00 Noon on Thursday, October 7, 2004. Adopted Resolution No. 36861-092004. (7-0) File #132 1 0. MOTIONS AND MISCELLANEOUS BUSINESS: Inquiries and/or comments by the Mayor, Vice-Mayor and Members of City Council. Vice-Mayor Fitzpatrick called attention to the need for repairs to the bridge railing at the Masons Mill wheel. Vice-Mayor Fitzpatrick called attention to deterioration of the sidewalk on Wasena Bridge. File #102 Council Member Dowe commended the City Manager on her expe.d_ient, response to his inquiry regarding an air conditioning system for the Eureka Park Recreation Center. File #67-132 8 Council Member Dowe commended Event Zone in connection with The Taste of the Blue Ridge Blues and Jazz Gala which was held at The Hotel Roanoke on September 17, 2004. File #80 Council Member Dowe expressed concern with regard to a recent newspaper article as to when Halloween will be observed in the City of Roanoke, which indicated that a decision had been made with the approval of Council; however, he was not aware that the Council had taken a position on the matter. He cautioned that all Members of the Council should be privy to information that involves the Council. File #67-317 Council Member Lea commended the City Manager and City staff for their support of the Western Virginia Education Classic which was held on Saturday, September 11, 2004, at Victory Stadium. File #122-388 Council Member Lea requested that Council and the City Manager consider placing Victory Stadium under the direction of the City's Department of Parks and Recreation. Council Member Wishneff reiterated the remarks of Mr. Lea. The matter was referred to the City Manager for report to Council. File #67-122-132 bo Vacancies on certain authorities, boards, commissions and committees appointed by Council. 1 1. HEARING OF CITIZENS UPON PUBLIC MA'I-FERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. MA'I-FERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., advised that the decision of Council to name the First Street Bridge in honor of Dr. Martin Luther King, Jr., was made without inviting citizen input which is viewed as disrespectful to the citizens of Roanoke. File #66-102 Mr. Robert Gravely, 729 Loudon Avenue, N. W., advised that downtown Roanoke is losing money because most citizens residing in the City of Roanoke either live on a fixed income or in a state of economic disadvantage. He spoke with regard to insufficient wages and working conditions for City employees in Refuse Collection and Disposal and the Grounds Maintenance departments, etc., compared to those City employees who work in an office environment. He stated that the average worker cannot afford to purchase a house in the City of Roanoke, and it is the responsibility of Council to bring the City to a standard that ensures quality of life for all citizens. File #18-66-144-184 12. CITY MANAGER COMMENTS: In response to a question raised earlier in the meeting by Council Member Lea, the City Manager reported that the Runaway and Homeless Youth Program served 33 young people this year. File #236-304 The City Manager advised that the Mayor's State of the City Address, which was presented on Tuesday, September 14, 2004, will be televised on RV'i'V Channel 3 on Wednesday, September 22 at 9:00 a.m. and 6:00 p.m., and on Wednesday, September 29 at 9:00 a.m. and 6:00 p.m., and is available on the City's web site. File #525 The City Manager invited Council and the citizens of Roanoke to visit the City's new web site which is more user friendly than the previous web site. File #301 The City Manager presented a calendar of events for the month of October at the Roanoke Civic Center. File #1 92 In response to a concern expressed by Council Member Dowe earlier in the meeting with regard to when Halloween will be observed in the City of Roanoke, the City Manager advised that the response in the newspaper article was not attributed to City Council, but to the City Manager. She extended an apology to the Members of Council if she erred in making the decision without the involvement of Council. File #132-31 ? The Council reconvened in the Council's Conference Room for a briefing on the Housing Strategic Plan. Following the briefing, Council convened in Closed Session in the Council's Conference Room. ROANOKE CITY COUNCIL REGULAR SESSION SEPTEMBER 20, 2004 7.'00 P.M. CITY COUNCIL CHAMBER AGENOA Call to Order -- Roll Call. The Invocation was delivered by Council Member Sherman P. Lea. 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 RVTV Channel 3 to be replayed on Thursday, September 23, 2004, at 7:00 p.m., and Saturday, September 25, 2004, at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. 12 PRESENTATIONS AND ACKNOWLEDGEMENTS: A Resolution paying tribute to the Patrick Henry High School Boys Tennis Team as the undefeated Western Valley District Champions for 2004. Adopted Resolution No. 36844-092004. (7-0) File #80-388-467 PUBLIC HEARINGS: Request of The Branch Family, EEC., that three tracts of land located on Franklin Road, S.W., identified as Official Tax Nos. 1150104, 1150102 and 1150112, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Maryellen F. Goodlatte, Attorney. Adopted Ordinance No. 36862-092004. (7-0) File #51 Request of Joe and Annette Macione that a tract of land located at 677 Brandon Avenue, $. W., identified as Official Tax No. 1270801, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Maryellen F. Goodlatte, Attorney. Adopted Ordinance No. 36863-092004. (7-0) File #51 Request of Paul and Sharon Crawford that certain tracts of land located on Church Avenue, S. E., between 11th and 12th Streets, identified as Official Tax Nos. 4111409 - 4111417, inclusive, be rezoned from LM, Light Manufacturing District, to RM-1, Residential Multi-family, Low Density District, subject to certain conditions proffered by the petitioner. Paul Crawford, Spokesperson. Adopted Ordinance No. 36864-092004. (7-0) File #51 13 Request of Habitat for Humanity that a portion of a ten-foot alley, adjoining Official Tax Nos. 2130504 - 2130506, inclusive, and 2240102, and lying parallel to 12th Street, N.W., be permanently vacated, discontinued and closed. David A. Camper, President, Board of Directors, Spokesperson. (Continuation to a later date.) Deferred until March, 2005. File #514 Proposed vacation of three water line easements, one sanitary sewer easement and one ingress/egress easement located at 1906 Belleview Avenue, S. E., in connection with expansion of the Carillon Medical Center facility known as Carillon Roanoke Memorial Hospital. Darlene L. Burcham, City Manager. Adopted Ordinance No. 36865-092004. (7-0) File #28-221 Consideration of an adjustment to the City of Roanoke Fiscal Year 2004-2005 Budget. Darlene L. Burcham, City Manager. Adopted Budget Ordinance No. 36866-092004. Council Member Wishneff voted no.) (6-1 It was the consensus of Council that the $100,000.00 appropriated for Total Action Against Poverty/Dumas will not be dispensed until certain questions regarding sources of financing for the project are addressed to the satisfaction of the City Manager. A request of Mill Mountain Theater for additional operating funds was referred to the City Manager and to fiscal year 2005-2006 budget study. File #60-226-349 ]4 HEARING OF CITIZENS UPON PUBLIC MA'I-i'ERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORTTO COUNCIL. Ms. Judy .. Ferguson, 1713 Coveland Drive, N. W. sno~ ~oppo. sltmon to the proposed methadone chnic on Hershb~rn~,r Koa.cl, N. W..Sh.e r.aised specific questions with rega~'cj~'(; expiration ot the I~us~ness license issued to National Specialty Clinic under the name of Roanoke Treatment Center, the purchase of National Specialty Clinic by another company, and the status of the Certificate of Occupancy issued by the City in view of new .own.e,rship..S.he refer, red to petitions signed by [:)rope .own.e. rs/resmaents ot the northwest area exl:)ressina onnn~iti~n tr~ locating a methadone clinic on Hershberg~r Road.~ r,- ......... ,, In view of the number of questions raised by Ms. Ferguson, the Mayor requested that she provide her inquires in writing to the City Clerk for referral to the City Manager and the City Attorney for response. File #76 CERTIFICATION OF CLOSED SESSION. (7-0) Appointed Earnest Wilson as a member of the Roanoke Neighborhood Advocates for a term ending June 30, 2007. Reappointed Harry F. Collins, Jr., as a member of the ,N. ew Construction Code, Board of Appeals, for a term ending September 30, 2009. THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL FRIDAY, SEPTEMBER 24, 2004, AT 12:00 NOON, FOR THE REGIONAL LEADERSHIP SUMMIT LUNCHEON TO BE HOSTED BY BEDFORD COUNTY AT THE OLDE LIBERTY STATION RESTAURANT, 515 BEDFORD AVENUE, BEDFORD, VIRGINIA. 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 September 27, 2004 File #80-327 Sheila Umberger Acting Librarian Roanoke, Virginia Dear Ms. Umberger: I am transmitting archival materials provided by the Roanoke Sister Cities organization for the period 1968 - 2004 which were presented by Dr. Robert Roth, Chair, Roanoke Valley Sister Cities Committee, at the regular meeting of the Council of the City of Roanoke on Monday, September 20, 2004. Dr. Roth requested that the materials be housed at the City of Roanoke Main Library. Sincerely,~"' ~l Mary F. Parker, CMC City Clerk MFP:ew pc: Dr. Robert Roth, Chairman, Roanoke Valley Sister Cities Committee, 100 November Lane, Wertz, Virginia 24:[84-3642 Darlene L. Burcham, City Manager L:\C LERK~DATA\CKEW l ~ag~nda correspondence 04~Sept 2004~Sister Cities Mater/als.doc CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com September 20, 2004 The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: I would like to sponsor Dr. Robert Roth, Chairman of the Roanoke Valley Sister Cities, for a five minute presentation to present Council the archival materials of the Sister Cities organization for the years 1968 - 2004. Dr. Roth and his organization would like these materials to be housed at the City of Roanoke Main Library. Respectfully s 9bmJ.t~ted, Darlene L. Bur~ m~~/~''-2 City Manager DLB:jb C: City Attorney Director of Finance City Clerk VIRGINIA AMATEUR SPORTS, INC, Virginia Amateur Sports, Inc. 711 C 5th Street, NE Roanoke, Virginia 24016 (540) 343-0987 FAX (540) 343-7407 www. commonwealthgames.org PRESENTING SPONSORS ABC 13, WSET Kroger PREMIER SPONSORS High Peak Sporlswear K92 Radio Lewis Gale Clinic Valleydale Foods Vistar Eye Center GOLD MEDAL SPONSORS AEP Holiday Inn - Tanglewood Pepsi Roanoke Valley Convention & Visitors Bureau Southern Hcallh SILVER MEDAL SPONSORS Autotrader. com Carillon Health Systems First Team Auto Mall Lan ford Brothers BRONZE MEDAL SPONSORS BB&T Blue Ridge Copier Delta Dental of VA Grand Home Furnishings Jiffy Lube Mostly Solhs Mountain Springs Water Poe & Cronk Roanoke Fruit & Produce The Sign Company PATRON SPONSORS Member One NBC Bank Sir Speedy September 9, 2004 Ms. Mary Parker City Clerk 215 Church Ave. Room 456 Roanoke, Virginia 24011 Dear Ms. Parker, Virginia Amateur Sports would like to have the opportunity to say thank you to the City of Roanoke for their outstanding support of the 2004 Virginia Commonwealth Games at your city council meeting scheduled for Tuesday, September 20, 2004 at 2:00 pm. My presentation, which will include the presentation of a plaque, will take approximately 5 - 10 minutes. Please accept my thank you in advance for giving me this opportunity. I am looking forward to heating from you. Sincerely, Virginia Amateur Sports Peter Lampman President ,,q X- g' G I N.r4 o Sanctioned by the National Congress of State Games and recognized by the United States Olympic Committee CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com September 20, 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 Peter Lampman, President of Virginia Amateur Sports, Inc., to thank Council and the City of Roanoke for the outstanding support of the 2004 Virginia Commonwealth Games. Respectfully submitted, City Manager DLB:jb C: City Attorney Director of Finance City Clerk XgGI VIRGINIA AMATEUR SPORTS, INC. Virginia Amateur Sports, Inc. 711 C 5th Street, NE Roanoke, Virginia 24016 (540) 343-0987 FAX (540) 343-7407 www. commonwealthgames.org PRESENTING SPONSORS ABC 13, WSET Kroger PREMIER SPONSORS High Peak Sportswear K92 Radio Lewis Gale Clinic Valleydale Foods Vistar Eye Center GOLD MEDAL SPONSORS AEP Holiday Inn - Tanglewood Pepsi Roanoke Valley Convention & Visitors Bureau Southern Health SILVER MEDAL SPONSORS Autotrader. com Carillon Health Syslems First Team Auto Mall Lanlbrd Brothers BRONZE MEDAL SPONSORS BB&T Blue Ridge Copier Delta Dental of VA Grand Home Furnishings Jiffy Lube Mostly Sofas Mountain Springs Water Poe & Cronk Roanoke Fruit & Produce The Sign Company PATRON SPONSORS Member One NBC Bank Sir Speedy September 20, 2004 The Honorable Mayor Nelson Harris Members of City Council City of Roanoke Roanoke, Virginia 24011 Dear Mayor Harris and City Council Members, Thank you once again for giving me the opportunity to publicly say thank you for your ongoing support and commitment to Virginia Amateur Sports and the Virginia Commonwealth Games. Due to your efforts and the other Valley governments, our 15th Anniversary was a success. Enclosed is a small report on the economic impact the Commonwealth Games had on the Roanoke Valley. The report also provides information on the demographics of where the athletes traveled from to participate. Over the past 15 years, approximately 126,000 athletes have competed in this event, known throughout Virginia as Virginia's Olympics. Again, please accept my thank you for enhancing our ability to carry on our Tradition of Excellence~ the Virginia Commonwealth Games. Sincerely, Virginia amateur Sports Peter Lampman President Sanctioned by the National Congress of State Games and recognized by the United States Olympic Committee 2004 Commonwealth Games of Virginia Estimated Regional Distribution Roanoke Valley] 2280 I Roanoke Valley: City of Roanoke, City o f Salem, Roanoke County, Vinton West: Bristol, Marfinsville, New Rivex Valley C~alral: Chm'lottesville, Lynchbur~ Farmville, Stannton Nomh: W'mehesrer, Culpeper, Han-i~onbtwg, Northern VA .... East: Chesapeake, Norfolk, Richmond, Fredericksburg, Vhginia Beach Other. DC, MD, NC, NJ, OH, PA,TN and WV 12 VIRGINIA AMATEUR SPORTS VIRGINIA COMMONWEALTH GAMES 2003-04 ECONOMIC IMPACT Tourism in Virginia Tourism is a $13 billion per year industry in Virginia Tourism is a $1 million per day industry in the Roanoke Valley Each dollar spent on tourism marketing returns $4-$6 in tax revenues Commonwealth Games of Virginia A. Number of athletes that stayed overnight B. Number of spectators that stayed overnight (1:2 ratio) C. Average length of stay D. Estimated average daily expenditures E. Estimated overnight expenditures (A+ B x C x D) F. Number of day athletes G. Number of day spectators (1:2 ratio) H. Number of day volunteers I. Estimated average daily expenditures J. Estimated daily expenditures (F+G+Hxl) K. Estimated total visitor expenditures (E + J) Estimated Sales Tax Revenues L. Percentage taxable sales M. Local sales tax rate N. Estimated local sales tax (KxLxM) 3,721 7,442 2.36 $150 $3,951,700 3,327 6,654 1,200 $3O $335,430 $4,287,130 1000% 4.5% $192,920 .Xd nt Proclamatio, DECLARING OCTOBER 2004 AS BUILDING CHARACTER MONTH IN THE ROANOKE VALLEY WHEREAS, the parents, citizens and leaders of the Roanoke Valley realize our hex1 ger~raiton can create a community with an ever-improving quality of living and set an example for the region and the wodd as we head into a crucial time humankind; and WHEREAS, the extraordinary nature and demands of these times will challenge memhert ot our community to be extraordinary citizens with strong moral characler ano e clear understanding of what it means to be an involved and compassionate human being; and WHEREAS, our schools in the Roanoke Valley are working to instill these six character t~eltt, also cJted by Virginia Law, into the young pemons of our community RESPONSIBILITY, RESPECT, CARING, TRUSTWORTHINESS, FAIRNESS. CITIZENSHIP, and CARING; and WHEREAS, these six traits of character are fundamental to all human beings regardless of cultural, religious, o~ socio-economic differences; and WHEREAS, it is the duty of all parents and families and also of air responsible community members to set good examples and to provide young persons with opportunihe~ of service and to develop high moral standards and create value systems that w~l~ se~e them well in living their lives and reaching their full potential; and WHEREAS, the Greater Roanoke Valley Character Coalition (Valley Character.org) is working lo improve life in our community by supporting the building of character and supporting those working for improvement of our neighborhoods and to ease suffering and injustice for our citizens, NOW THEREFORE, WE, the undersigned, do hereby proclaim October 2004, as BUILDtNG CHARACTER MONTH in the Roanoke Valley. FURTHER, We cal~ upon parents, families, leaders, citizens, schools, youth organizations, faith-based groups, businesses, community groups, government agencies and all others to model good practices; engage in disct~ssions about people of extraordinary character; acknowledge local individuals who exemplify such character; encourage young persons to be active in serving their communily through volunteerism and provide opportunities for young persons to cultivate their character and their futures through education, public-service, and community involvement Richard C. Flora, Chair Roanoke County Board of Supervisors Cad E. Tarpley, Mayor City of Salem W. Wayne Angell, Chair Franklin County BOard of Supervisors 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- I 145 September 20, 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 C. NELSON HARRIS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.W., ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540)853-2444 FAX: (540) 853-1 I45 September 20, 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 the Citizen of the Year Award, pursuant to Section 2.2-3711 (A)(10), 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 September 20, 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. 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 September 20, 2004 Honorable C. Nelson Harris, Mayor Honorable Beverly 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 to Schedule a Public Hearing on the Agreement for the Development of Colonial Green and Related Disposition of Property The City and Colonial Partners, LLC, the developer previously selected through a Request for Proposals for the development of the approximately 23 acre City-owned property located on Colonial Avenue, have drafted an agreement outlining the terms and conditions for the development and disposition of the property, in order to consider and approve the contents of the agreement, and authorize the City Manager to execute the agreement on behalf of the City, a public hearing has to be held by City Council. Recommended Action: Schedule Public Hearing for October 18, 2004. City Manager Attachment C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Brian Townsend, Director, Planning Building and Development MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk~ci.roanoke.va.us September 21, 2004 File #15-110-536 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk James T. Phipps Director of Court and Community Corrections 516 E. Main Street Salem, Virginia 24153 Dear Mr. Phipps: This is to advise you that A. L. Gaskins has qualified as a member of the Regional Virginia Alcohol Safety Action Program Policy Board, for a term ending June 30, 2006; and as a member of the Court Community Corrections Program Regional Community Criminal Justice Board, for a term ending June 30, 2007. ~/~ ~ark~erSincerely, ?~ M~C&~,.~ Mary F. 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, A. L. Gaskins, 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 Regional Virginia Alcohol Safety Action Program Policy Board, for a term ending June 30, 2006, according to the best of my ability (So help me God). Subscribed and sworn to before me this~aday of ~~2004. BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT BY , DEPUTY CLERK H:\oath and leaving service\Regional Virginia Alcohol Safety Action Program Policy Board~A L Gaskins oath letter.doc Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, A. L. Gaskins, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Court Community Corrections Program Regional Community Criminal Justice Board, for a term ending June 30, 2007, according to the best of my ability (So help me God). Subscribed and sworn to before me this~day of~2004. BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT BY ~-~ '~r~~ ~ DEPUTY CLERK H:\oath and leaving service\Court Community Corrections Program Regional Community Cdmianl Justice Board~A L Gaskins.doc MARY F. PARKER, CMC City Clerk CITY OF ROANOIOZ, OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 F~x: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us September 27, 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 Charles R. Brown has qualified as a member of the Towing Advisory Board, for a term ending June 30, 2007. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew pc: Stephanie M. Moon, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Vir~jinia, City of Roanoke, to-wit: I, Charles R. Brown, 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. BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT C:~MY FILES\DOCUMENTS\OATH OR AFFIRMATION OF OFFICE.DOC CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk September 21, 2004 File #110-178 Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk Dianne W. Morris, Secretary Fair Housing Board Roanoke, Virginia Dear Ms. Morris: This is to advise you that Frank W. Feather has qualified as a member of the Fair Housing Board, for a term ending March 31, 2007. 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, FRANK W. FEATHER, 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 Fair Housing Board, for a term ending March 31, 2007, according to the best of my ability (So help me God). Subscribed and sworn to before me thi~dayof~, 2004. BRENDA S. HAMILTON, CLERK OF CIRCUIT COURT 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 September 21, 2004 File #15-110-230 Judith M. St. Clair, Secretary Roanoke Arts Commission Roanoke, Virginia Dear Ms. St. Clair: This is to advise you that Kristi Pedelty has qualified as a member of the Roanoke Arts Commission, for a term ending June 30, 2007. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew pc: Stephanie M. Moon, CMC, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Kristi Pedelty, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Arts Commission, for a term ending June 30, 2007, according to the best of my ability (So help me God). Subscribed and sworn to before me this ~ day of ~---~. 2004. BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT BY ~4/~.~ , DEPU"Pr'CLERK N:\CKEWI~AGENDA CORRESPONDENCE 04~JULY 2004~JUNE OATHS.DOC CITY OF ROANOKE OFFICE OF THE CiTY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com September 20, 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 for a discussion concerning a prospective business, where no previous announcement of the business's interest in locating its facilities in the City has been made, pursuant to §2.2-3711.A.5, Code of Virginia (1950), as amended. Sincerely, Darlene L. Burcham City Manager DLB/f C: City Attorney Director of Finance City Clerk Economic Development Specialist DAVID A. BOWERS Attorney at l~w 335 W. CHURCH AVENUE ROANOKE, VIRGINIA 240~6-5007 August 27, 2004 Honorable C. Nelson Harris, Mayor and Members of City Council Noel C. Taylor Municipal Building 215 Church Avenue, $.W. Roanoke, Virginia 24011 In Re: Passenger Rail Service Dear Mayor Harris and Members of City Council: Please find attached hereto a listing of members of the last Passenger Rail Service Committee. The Committee was no longer active due to the lack of interest from the railroad industry, the Congress, or the Commonwealth, regarding the introduction of passenger rail service to Roanoke. Now that's changing. Just recently, Governor Warner and Norfolk Southern have agreed to begin studying passenger rail service from Washington through Roanoke to Bristol. That's great news! The Committee should be reactivated, but I thought that it might be appropriate to bring the matter to the Council's attention for your review and further authorization. Accordingly, it would be my request that you reactivate the Passenger Rail Study Committee and appoint Senator Edwards, Mr. Swain, Ms. Burcham, and myself to serve on that committee. Matt Kennell has moved out of town, so a new member would need to be appointed to serve in his place. Thank you for your support of passenger rail service here in Roanoke and your understanding of how very important it is for the City to participate in that process. I would ask that this letter be placed on Council's agenda for consideration. Sincerely, (Mayor of Roanoke 1992-2000) DAB/mnb cc: Committee Members Encl. PASSENGER RAIL SERVICE COMMITTEE Narn,~ John S. Edwards David A. Bowers -Chair Carroll E. Swain Darlene L. Burcham, City Manager R. Matthew Kennell 29 I,A, Ending 5/15/00 05/15/03 5/15~00 05/15/03 5/15/00 05/15/03 5/15/00 05/15/03 5/15/00 05/1 5/03 Chair - David A, Bowers Secretary - (None) INFORMATION (NO LONGER ACTIVE) .,,....PURPOSE: The purpose of the Passenger Rail Study Committee is to advocate passenger rail service for the Roanoke area, said Study Committee to be in effect for a period of thref~ vear~ from the date of appointment. John S. Edwards Res.-3745 Forest Road, S, W., 24015 ............................... Ofc. Phone 985-8625 Office P. O, Box 1179, Rke, VA 24006-1179 David A. Bowers Res.-601 Camilla Avenue, S. E., 24015 ....................................... 427-4150 Ofc.- 335 West Church Avenue 24016 ........................................ 345-6622 Carroll E. Swain Res.- 3434 Kershaw Road, N. W,, 24017 ...................................... 366-8788 Darlene L, Burcham Res.- 3527 Windsor Oaks Cimle, S. W., 24018 ................................. 772-3949 Ofc.- 215 Church Avenue, S. W., 24011 ....................................... 853-2333 R. Matthew Kennell Ofc..- 310 First Street, S. W., 24011 .......................................... 342-2028 "'""* Please mail all correspondence to business address, TOTAL P. [~2 C. NELSON HARRIS Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W. Noel C. Taylor Municipal Building, Room 456 Roanoke, Virginia 2401 I- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 September 20, 2004 Council Members: M. Rupert Cutler Alfred T. Dowe, Jr. Beverl), T. Fitzpatrick, Jr. Sherman p. Lea Brenda L. McDaniel Brian J. Wishneff The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: We jointly sponsor a request of David A. Bowers, to address Council with regard to reactivating the Passenger Rail Service Committee at the regular meeting of City Council on Monday, September 20, 2004. Sincerely, M. Rupert Cutler BrianJ. Wi n~eff Council Member cji Member MRC/BJW:snh 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.corn September 20, 2004 Honorable C. Nelson Harris, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor Harris and Members of Council: Subject: Housing Strategic Plan Update This is to request space on Council's regular agenda for a 20 minute briefing on the above referenced subject. DLB:sm Respectfully submitted, arlene L. B~ City Manager C: City Attorney Director of Finance City Clerk CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk September 23, 2004 File #60-236-304 Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36846-092004 authorizing acceptance of the United States Department of Health and Human Services Runaway and Homeless Youth Program Grant, in the amount of $126,675.00, to be used for salary and fringe benefits of counselors and related activities in the Sanctuary Outreach Program; and authorizing execution of the necessary documents. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 20, 2004, and is in full force and effect upon its passage. Mary F. Parker, CMC City Clerk MFP:ew Enclosure Darlene L. Burcham September 23, 2004 Page 2 pc: Jesse A. Hall, Director of Finance Rolanda B. Russell, Assistant City Manager for Community Development Sherman M. Stovall, Director, Office of Management and Budget Jane R. Conlin, Director of Human Services IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of September, 2004. No. 36846-092004. A RESOLUTION authorizing the acceptance of a grant from the United States Department of Health and Human Services to be used for salary and fringe benefits of counselors and related activities in the Sanctuary Outreach Program; and authorizing the execution of the necessary documents. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the United States Department of Health and Human Services' Runaway and Homeless Youth Program Grant (No. 03CY0433/3), in the amount of $126,675.00 to be used for salary and fringe benefits of counselors and related activities in the Sanctuary Outreach Program, and as more particularly set forth in the September 20, 2004, letter of the City Manager to this Council. 2. The City Manager is hereby authorized to execute any and all requisite documents, upon form approved by the City Attorney, and to furnish such additional information as may be required in connection with the City's acceptance of this grant. ATTEST: City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk September 23, 2004 File #60-236-304 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. 36845-092004 appropriating funds for the Runaway and Homeless Youth Act Program, in the amount of $126,675.00, 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, September 20, 2004, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment Jesse A. Hall September 23, 2004 Page 2 pc: Darlene L. Burcham, City Manager Rolanda B. Russell, Assistant City Manager for Community Development Sherman M. Stovall, Director, Office of Management and Budget Jane R. Conlin, Director of Human Services IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of September, 2004. No. 36845-092004. AN ORDINANCE to appropriate funds for the Runaway and Homeless Youth Act Program, amending and reordaining certain sections of the 2004-2005 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2004-2005 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Employee Salaries Temporary Employee Wages ICMA RC Retirement ICMA Match FICA Medical Insurance Dental Insurance Life Insurance Disability Insurance Fees for Professional Services Telephone - Cellular Administrative Supplies Dues and Memberships Training and Development Local Mileage Program Activities Revenues Runaway & Homeless 9/04-9/05 035-630-5140-1002 57,024 035-630-5140-1004 5,721 035-630-5140-1115 5,249 035-630-5140-1116 1,300 035-630-5140-1120 4,900 035-630-5140-1125 5,496 035-630-5140-1126 404 035-630-5140-1130 571 035-630-5140-1131 163 035-630-5140-2010 1,125 035-630-5140-2021 1,200 035-630-5140-2030 4,850 035-630-5140-2042 700 035-630-5140-2044 6,575 035-630-5140-2046 2,340 035-630-5140-2066 29,057 035-630-5140-5240 126,675 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. City Clerk. CITY OF ROANOKE OFFICE OF THE C1TY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com September 20, 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: Acceptance of United States Department of Health and Human Services Funds for the Runaway and Homeless Youth Act Program, Sanctuary Outreach Background: The City of Roanoke has been selected as a grantee for the third year of a three- year funding cycle for Runaway and Homeless Youth (RHY) program under the provisions of the Runaway and Homeless Youth Act. The amount of the grant is $126,675 annually. These funds are used to cover the salaries and fringes of a Youth Counselor Ill, a Youth Counselor II, a relief counselor and related, program activities in the Sanctuary Outreach program. The required local match is offered as in-kind services. The U.S. Department of Health and Human Services awards grants for services in three-year cycles. The project period for this grant began September 30, 2002 and will end on September 29, 2005. Considerations: The focus of this program is to alleviate the problems of runaway and homeless youth and their families, strengthen family relationships and encourage stable living conditions. The early intervention of Sanctuary Outreach staff in a Mayor Harris and Members of City Council September 20, 2004 Page 2 combination of shelter based and home based services offers runaway and homeless youth and their families, supportive services that will decrease the incidence of repeat runaway episodes. Program services include: 24-hour intake and referral access, temporary shelter, individual, group and family counseling, community service linkages, aftercare services, case disposition and recreation opportunities. Recommended Action(s): Adopt a resolution accepting the $126,675 in 2004--2005 funding from the U.S. Department of Health and Human Services, Grant #03CYO433/3, for Sanctuary's RHY Outreach program. Authorize the City Manager to execute any other forms required by the Department of Health and Human Services in order to accept these funds; such forms to be approved as to form by the City Attorney. Appropriate $126,675 in federal funds to expenditure accounts in the Grant Fund in accounts to be established by the Director of Finance as detailed in Attachment A. Adopt a revenue estimate of the same amount in the Grant Fund. Respectfully submitted, Darlene L. B~ City Manager Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Jane R. Conlin, Director of Human/Social Services Rolanda B. Russell, Assistant City Manager for Community Development #CM04-00158 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk September 23, 2004 File #60-72-236 Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartrnan Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36848-092004 authorizing acceptance of a grant award under the Temporary Assistance for Needy Families (TANF) Hard-To- Serve Project from the Virginia Department of Social Services, for the purpose of provjding job search, job coaching and job retention services for eligible TANF recipients who must obtain employment, in the amount of $76,400.00, and authorizing execution ofanyand all necessary documents to complywith terms and conditions of the grant. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 20, 2004, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment Darlene L. Burcham September 23, 2004 Page 2 pc: Jesse A. Hall, Director of Finance Rolanda B. Russell, Assistant City Manager for Community Development Sherman M. Stovall, Director, Office of Management and Budget Jane R. Conlin, Director of Human Services IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of September, 2004. No. 36848-092004. A RESOLUTION authorizing acceptance ora grant award under the Temporary Assistance for Needy Families (TANF) Hard4o-Serve Project from the Virginia Department of Social Services, for the purpose of providing job search, job coaching and job retention services for eligible TANF recipients who must obtain employment, and authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The grant award under the Temporary Assistance for Needy Families (TANF) Hard- to-Serve Project fi~om the Virginia Department of Social Services, for the purpose of providing job search, job coaching and job retention services for hard-to-serve TANF recipients, in the amount of $76,400.00, as set forth in the City Manager's letter to Council dated September 20, 2004, is hereby ACCEPTED. 2. The City Manager is hereby authorized to execute any and all requisite documents pertaining to the City's acceptance of these funds and to furnish such additional information as may be required in connection with the City's acceptance of these grant funds. All documents shall be approved by the City Attorney. City Clerk. CITY OF R O/tNOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk September 23, 2004 File #60-72-236 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 36847-092004 appropriating $76,400.00, in connection with funding for the Temporary Assistance For Needy Families Hard-To- Serve Grant (TANF), 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, September 20, 2004, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment Jesse A. Hall September 23, 2004 Page 2 pc: Darlene L. Burcham, City Manager Rol-anda B. Russell, Assistant City Manager for Community Development Sherman M. Stovall, Director, Office of Management and Budget Jane R. Conlin, Director of Human Services IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of September, 2004. No. 36847-092004. AN ORDINANCE to appropriate funding for the Temporary Assistance For the Needy Families Hard-To-Serve Grant, amending and reordaining certain sections of the 2004-2005 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2004-2005 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Fees For Professional Services 035-630-8854-2010 $ 76,400 Revenues TANF ~ Hard To Serve FY05 035-630-8854-8854 76,400 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com September 20, 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: Grant Award for FY'05 Temporary Assistance for Needy Families (TANF) Hard-to-Serve Project Background: The Virginia Department of Social Services issued a Request for Proposals to use federal funds to provide job search, coaching, and job retention services for hard-to-serve TANF recipients. The City of Roanoke Department of Social Services responded to this RFP with a proposal outlining its intent to work collaboratively with TAP- This Valley Works to provide the work-related services listed above. Under this proposal, eligible TANF recipients who must obtain employment, but who have not been in compliance with certain regulatory requirements, are provided customized job search assistance. Case managers work with these individuals to develop and initiate an individualized plan of action to meet compliance requirements and to assist in securing and maintaining employment. This project began in 2001 and is now in its fourth year. The City of Roanoke was awarded $76,400 in grant funding under the TANF Hard-to-Serve Project for a portion of the state fiscal year 2005 (May 1,2004 through November 30, 2004). Honorable Mayor and Members of City Council September 20, 2004 Page 2 Considerations: · Program Operations - Existing activities will continue and planned programs will be implemented. · Funding - Funds are available from Grantor agency, at no additional cost to the City of Roanoke. Recommended Action: Appropriate funding of $76,400 and establish a corresponding revenue estimate in accounts to be established by the Director of Finance in the Grant Fund. Respectfully submitted, Darlene L. Bu~fam City Manager DLB:tem C: Mary Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sherman M. Stovall, Director of Management and Budget Jane R. Conlin, Director of Human/Social Services Rolanda B. Russell, Assistant City Manager for Community Development #CM04-00163 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk September 23, 2004 File #60-72-236 Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36850-092004 authorizing acceptance of a grant award from the Federal Temporary Assistance for Needy Families (TANF) funding allocated by the Virginia Department of Social Services, in the amount of $68,057.00, for the purpose of providing job retention and wage advancement of TANF recipients or for former TANF recipients in the period of ineligibility, and authorizing execution of any and all necessary documents to comply with terms and conditions of the grant. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 20, 2004, and is in full force and effect upon its passage. Mary F. Parker, CMC City Clerk MFP:ew Attachment Darlene L. Burcham September 23, 2004 Page 2 pc: Jesse A. Hall, Director of Finance Rolanda B. Russell, Assistant City Manager for Community Development Sherman M. Stovall, Director, Office of Management and Budget Jane R. Conlin, Director of Human Services IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of September, 2004. No. 36850-092004. A RESOLUTION authorizing acceptance of a grant award from the Federal Temporary Assistance for Needy Families (TANF) funding allocated by the Virginia Department of Social Services in the amount of $68,057.00 for the purpose of providing job retention and wage advancement of TANF recipients or for former TANF recipients in the period of ineligibility, and authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant. BE IT RESOLVED by the Council of the City of Roanoke that: I. The grant award under the Federal Temporary Assistance for Needy Families (TANF) funding allocated by the Virginia Department of Social Services in the amount of $68,057.00 for the purpose of providing job retention and wage advancement of TANF recipients or for former TANF recipients in the period of ineligibility, as set forth in the City Manager's letter to Council dated September 20, 2004, is hereby ACCEPTED. 2. The City Manager is hereby authorized to execute any and all requisite documents pertaining to the City's acceptance of these funds and to furnish such additional information as may be required in connection with the City's acceptance of these grant funds. All documents shall be approved by the City Attorney. City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk September 23, 2004 File #60-72-236 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 36849-092004 appropriating $68,057.00 for Temporary Assistance For Needy Families Grant (TANF), to be used for job retention and wage advancement, 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, September 20, 2004, and is in full force and effect upon its passage. Mary F. Parker, CMC City Clerk MFP:ew Attachment Jesse A. Hall September 23, 2004 Page 2 pc: Darlene L. Burcham, City Manager Rolanda B. Russell, Assistant City Manager for Community Development Sherman M. Stovall, Director, Office of Management and Budget Jane R. Conlin, Director of Human Services IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of September, 2004. No. 36849-092004. AN ORDINANCE to appropriate funding for the TemporaryAssistance For Needy Families Grant for job retention and wage advancement, amending and reordaining certain sections of the 2004-2005 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2004-2005 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Fees For Professional Services 035-630-8855-2010 $ 68,057 Revenues TANF - Medview FY05 035-630-8855-8855 68,057 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com September 20, 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: Grant Award for FY'05 Temporary Assistance for Needy Families (TANF) Funding for Job Retention and Wage Advancement Background: The Virginia Department of Social Services has allocated funds from the Federal TANF Grant to eligible state and community-based services. These funds must be used for the purposes of job retention and wage advancement of TANF recipients or for former TANF recipients in the period of ineligibility. In 2003 the City of Roanoke implemented a collaborative project with Botetourt, Craig, Franklin, and Roanoke counties, known as MedVIEW. Considerations: For fiscal year 2005 the allocation for this project is $68,057. Funds must be expended by November 30, 2004. This money is used to fund a contractual agreement with Goodwill Industries of the Valleys for the delivery of medical assessment services and job development services for hard-to-employ recipients of TANF benefits. The contract provides for up to four one-year extensions. Honorable Mayor and Members of City Council September 20, 2004 Page 2 Recommended Action: Appropriate funding for job retention and wage advancement totaling $68,057 and establish a revenue estimate of $68,057 in an account established by the Director of Finance in the Grant Fund. Respectfully submitted, City Manager DLB: tern C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sherman M. Stovall, Director of Management and Budget Jane R. Conlin, Director of Human/Social Services Rolanda B. Russell, Assistant City Manager for Community Development #CM04-00166 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 September 23, 2004 File #60-236-323 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36852-092004 authorizing acceptance of the Staying Connected Grant from the Bill and Melinda Gates Foundation, in the amount of $13,850.00, to be used for the purchase of ten new public computer work stations for the Roanoke Public Library System; and authorizing execution of the necessary documents. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 20, 2004, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Darlene L. Burcham September 23, 2004 Page 2 pc: Jesse A. Hall, Director of Finance Rolanda B. Russell, Assistant City Manager for Community Development Sherman M. Stovall, Director, Office of Management and Budget Sheila Umberger, Acting Director of Libraries IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of September, 2004. No. 36852-092004. A RESOLUTION authorizing the acceptance of the Staying Connected Grant from the Bill and Melinda Gates Foundation in the amount of$13,850 to purchase ten new public computer work stations for the Roanoke Public Library System; and authorizing the execution of the necessary documents. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts .the Staying Connected Grant from the Bill and Melinda Gates Foundation in the amount of $13,850 to purchase ten new public computer work stations for the Roanoke Public Library System, as more particularly set forth in the September 20, 2004, letter of the City Manager to this Council. 2. The City Manager is hereby authorized to execute any and all requisite documents, upon form approved by the City Attorney, and to furnish such additional information as may be required in connection with the City's acceptance o£this grant. City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk September 23, 2004 File #60-236-323 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: lam attaching copy of Ordinance No. 36851-092004 appropriating $13,850.00 for the Staying Connected Grant from the Bill and Melinda Gates Foundation, 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, September 20, 2004, and is in full force and effect upon its passage. Sincerely, Mary F. City Clerk CMC MFP:ew Attachment Jesse A. Hall September 23, 2004 Page 2 pc: Darlene L. Burcham, City Manager Rolanda B. Russell, Assistant City Manager for Community Development Sherman M. Stovall, Director, Office of Management and Budget Sheila Umberger, Acting Director of Libraries IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of September, 2004. No. 36851-092004. AN ORDINANCE to appropriate funding for the Staying Connected Grant, amending and reordaining certain sections of the 2004-2005 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2004-2005 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Other Equipment 035-650-9752-9015 $13,850 Revenues Staying Connected (Gates Foundation) 035-650-9752-9755 13,850 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com September 20, 2004 Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, 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 Sta?/ng Connected Grant Background: In 2001, the public library system received a grant from the Bill and Melinda Gates Foundation to purchase computers for public use. The computers, located at the Main Library, Melrose, Gainsboro, Jackson Park and Roanoke Law Library branch locations, were equipped with the latest educational and research software and enhanced the public library system's ability to foster computer-literacy among Roanoke citizens. This July, the Bill and Melinda Gates Foundation provided funding to the Library of Virginia to begin the Staying Connected Grant Program. This funding, combined with Library Services and Construction Act grant funds, is available to Virginia public libraries that were eligible and chosen to participate in the Bill and Melinda Gates U.S. Library Program in 2001. The Roanoke Public Library System was notified this month that it is eligible for a new grant of $~3,850 to purchase 10 new public computer work stations. These additional public computer workstations will be installed in the Main Library, Roanoke Law Library, Melrose, Gainsboro and Jackson Park Branches. These new computers will enable the public library system to expand customer access to on-line educational and research information. Mayor Harris and Members of City Council September 20, 2004 Page 2 Considerations: The Staying Connected grant is a combined private and federal grant made available to Virginia public libraries. Grant funding from the program will be used to purchase computer hardware and educational and research software. Recommended Action: Accept the Staying Connected grant in the amount of $13,850, and authorize the City Manager and City Clerk to execute and attest, respectively, an agreement with the Library of Virginia and any other forms necessary to accept such a grant. All documents shall be approved as to form by the City Attorney. Appropriate $13,850 in grant funding in account 035-650-9752-9015 to be established in the grant fund by the Director of Finance and establish a corresponding revenue estimate in the Grant Fund. Respectfully submitted, Darlene L. Rurcham City Manager 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 Sheila Umberger, Acting Director of Libraries CM04-00165 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk September 23, 2004 File #22-373 Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 36853-092004 authorizing the City Manager to execute an amendment to the Lease Agreement dated June 5,200:[, between the City of Roanoke and the Commonwealth of Virginia, by the Department of Health, to extend the term of the current lease agreement by one year, with an expiration date of June 30, 2005, for office space located at 515 and 530 8'h Street, S. W., upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 20, 2004, and is in full force and effect upon its passage. Sincerely, City Clerk MFP:ew Attach merit Darlene L. Burcham September 23, 2004 Page 2 pc: Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget Scott L. Motley, Economic Development Specialist IN THE COUNC1L OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of September, 2004. No. 36853-092004. AN ORDINANCE authorizing the City Manager to execute an amendment to the Lease Agreement dated June 5,2001, between the City of Ro~noke and the Commonwealth of Virginia, by the Department of Health ("VDH"), to extend the term of the current lease agreement by one year, with an expiration date of June 30, 2005, for office space located at 515 and 530 8th Street for the VDH, upon certain terms and conditions, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City, in form approved by the City Attorney, an amendment to the Lease Agreement dated June 5, 2001, between the City of Roanoke and the Commonwealth of Virginia, by the VDH, to extend the term of the current lease agreement by one year, with an expiration date of June 30, 2005, for office space located at 515 and 530 8th Street for the VDH, at a lease fee of $38,950.00 per quarter, as more particularly set forth in the City Manager's letter dated September 20, 2004, to this Council. 2. Pursuant to the provisions of Sectior( 12 of the City Charter, the second reading ofth/s ordinance by title is hereby dispensed with. CitY Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com September 20, 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 City Owned Property at 515 and 530 8th Street Background: The City of Roanoke and the Commonwealth of Virginia, by the Virginia Department of Health (VDH), entered into a Lease Agreement dated June 5, 2001, granting the Virginia Department of Health permission to lease office space located at 515 and 530 8th Street. The term of this Lease Agreement began July 1, 2001 and terminated June 30, 2004. The Virginia Department of Health has leased this space from the City for a number of years prior to this most recent agreement and desires to continue leasing this space for another year. The VDH planned to enter into a new sub-lease with the City for space located at the Civic Mall. However, the VDH is not prepared to enter into the new sub-lease this year because of budgetary concerns. Considerations: The VDH has proposed amending the current lease agreement to extend the term by 1 year, which will establish a new expiration date of June 30, 2005. All other terms and conditions of the agreement will remain unchanged. The Lessee will continue to pay rent in the amount of $38,950.00 per quarter. Mayor Harris and Members of City Council September 20, 2004 Page 2 Recommended Action: Authorize the City Manager to execute the appropriate documents, approved as to form by the City Attorney, to amend the Lease Agreement dated June 5, 2001, for space located at 515 and 530 8th Street, to the Commonwealth of Virginia for use by the Virginia Department of Health. The proposed amendment shall be in accordance with the provisions outlined in the attached Amendment to Deed of Lease. DLB:slm Respectfully submitted, City Manager c~ Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Scott L. Motley, Economic Development Specialist CM04-00161 DGS Lease Amendment Form June 10, 2004 Lease #601-L-425 FIRST AMENDMENT TO DEED OF LEASE This First Amendment to Deed of Lease (the "Amendment"), dated , 20 , is made part of the Deed of Lease dated June 5, 2001, (the Lease ) by and between the CITY OF ROANOKE, as Lessor, and the COMMONWEALTH OF VIRGiNIA, by the Department of Health, as Lessee. WITNESSETH WHEREAS, by the terms of the Lease, Lessor leased to Lessee those certain parcels of land situated in the city of Roanoke, Virginia 24016 known as 515 and 530 Eight Street, SW, together with the buildings thereon known as the "Health Center Building" and the "Health Center Annex" containing 20,000 square feet including use of the public parking lot; and, WHEREAS, the original term of the Lease began July 1, 2001, and expired June 30, 2004, and, WHEREAS, the parties hereto desire to amend the Lease as hereinafter set forth. NOW THEREFORE, it is agreed that the Lease be amended as follows: 1. The Initial Term of the Lease shall be extended twelve (I 2) months (the "Extension Period") and shall now terminate on June 30, 2005. Rent shall continue to be paid in installments of Thirty Eight Thousand Nine Hundred Fifty and 00/100 Dollars ($38,950.00) due and payable in arrears at the end of each quarter. Except as amended herein, the Lease shall remain in full force and effect. This Amendment shall not be effective or binding unless and until signed by both parties and approved by the Governor of Virginia pursuant to Section §2.2-1149 of the Code of Virginia (1950), as amended. DGS Lease Amendment Form Lease #601-L-425 June 10, 2004 In WITNESS WHEREOF, the parties have affixed their signatures and seals. LESSOR: CITY OF ROANOKE By: Title: LESSEE: COMMONWEALTH OF VIRGiNIA DEPARTMENT OF HEALTH By: Title: STATE OF VIRGINIA CITY/COUNTY OF , to wit: The foregoing Amendment was acknowledged before me this 20_ by acting in his/her capacity as for the City of Roanoke on behalf of the city. day of , My commission expires Notary Public STATE OF VIRGINIA CITY/COUNTY OF to wit: The foregoing Amendment was acknowledged before me this day of by acting in his/her capacity as of the Commonwealth of Virginia, Department of Health, on behalf of the agency. ,20_ My commission expires Notary Public DGS Lease Amendment Form Lease #601-L-425 June 10, 2004 RECOMMEND APPROVAL: Division of Engineering and Buildings RECOMMEND APPROVAL: Department of General Services By: By: Director Director APPROVED BY THE GOVERNOR Pursuant to Section §2.2-1149 of the Code of Virginia (1950), as amended, and by the authority delegated to me under Executive Order 88(01), dated December 21, 2001, I hereby approve this Amendment to Deed of Lease and the execution of this instrument for and on behalf of the Governor of Virginia. Date Secretary of Administration 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 September 23, 2004 File #24-289-514 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36855-092004 amending the City's Fee Compendium to provide revised fees for Right of Way Excavation Permits, formerly Street Opening Permits; increasing the fee from $36.00 to $50.00, in order to promote uniformity of the City's fees with other comparable jurisdictions, effective December 1, 2004. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 20, 2004, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Darlene L. Burcham September 23, 2004 Page 2 pc: The Honorable Evelyn W. Powers, City Treasurer Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget Philip C. Schirmer, City Engineer Gary Robertson, Executive Director, Water Operations, Western Virginia Water Authority Michael T. McEvoy, Executive Director, Wastewater Services, Western Virginia Water Authority 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of September, 2004. No. 36855-092004. A RESOLUTION amending the City's Fee Compendium to provide revised fees for Right of Way Excavation Permits, formerly Street Opening Permits; increasing the fee from $36.00 to $50.00 in order to promote uniformity of the City's fees with other comparable jurisdictions; and providing for an effective date of December 1, 2004. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The following fees shall be charged for the following permits and services: Fee charged for permits in accordance with the Right of Way Excavation and Restoration Standards, effective December 1, 2004: EXCAVATION PERMIT FEES: Permit Fee (30 days) $ 50.00 Permit Fee (60 days) $100.00 IF ANY EXCAVATION IS STARTED WITHOUT A REQUIRED PERMIT~ IN ORDER FOR THE PERSON TO BE ALLOWED TO CONTINUE WITH SUCH EXCAVATION, THE PERSON MUST OBTAIN A PERMIT~ AND THE COST OF SUCH PERMIT FEE SHALL BE TWICE THE APPLICABLE AMOUNT SET FORTH ABOVE (I.E.~ 30 DAY PERMIT FEE - $100.00, 60 DAY PERMIT FEE - $200.00) 2. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by the City Council by Resolution No. 32412-032795, adopted March 27, 1995, effective as of that date, shall be amended to reflect the new and amended fees. 4. Resolution No. 32412-032795 is hereby amended to the extent and only to the extent of any inconsistency with this Resolution. H: \MEASURES \r-amfeesexcavationpermitandrest orations t andards, doc this Council. 6. The fees established by this Resolution shall remain in effect until amended by This Resolution shall be in full force and effect on December 1, 2004. ATTEST: City Clerk. H:\MEASURES\r-amfeesexcavationper~itandrestorationstandards.doc CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk September 23, 2004 File #24-289-514 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 36854-092004 amending certain sections of the Code of the City of Roanoke (1979), as amended, by amending, adding or repealing certain City Code sections, in order to promulgate standards for right-of- way excavation and restoration; authorizing the City Manager to promulgate such standards and any modifications thereto, and to take such other action as required to implement said standards; and permitting use of a letter of credit as an additional form of security, effective December 1,2004. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 20, 2004, and is in full force and effect upon its passage. Sincerely, /~1:~,o,-- Mary F. Parker, CMC City Clerk MFP:ew Darlene L. Burcham September 23, 2004 Page 2 pc: The Honorable Robert P. Doherty, Chief Judge, Twenty-Third Judicial Circuit of Virgima The Honorable William D. Broadhurst, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Virgima The Honorable Charles N. Dorsey, Judge, Twenty-Third Judicial Circuit of Virgima The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virgima The Honorable James R. Swanson, Judge, Twenty-Third Judicial Circuit of Virgima The Honorable Julian H. Raney, Jr., Chief Judge, General District Court The Honorable George W. Harris, Jr., Judge, General District Court The Honorable Vincent A. Lilley, Judge, General District Court The Honorable Francis W. Burkart, III, Judge, General District Court The 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 Kozuo Webb, Office of the Magistrate Lora A. Wilson, Law Librarian The Honorable Evelyn W. Powers, City Treasurer Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget Philip C. Schirmer, City Engineer Gary Robertson, Executive Director, Water Operations, Western Virginia Water Authority Michael T. McEvoy, Executive Director, Wastewater Services, Western Virginia Water Authority 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of September, 2004. No. 36854-092004. AN ORDINANCE amending §30-1, Violations of chapter, of Article I, In General, amending Article III, Street Excavations; and amending §30-88, Security, of Division2, Construction of Sidewalks by Property Owners, of Article IV, Construction of Sidewalks, Curbs and Sidewalk Crossings, of Chapter 30, Streets and sidewalks, Code of the City of Roanoke (1979), as amended, by amending, adding or repealing certain sections of Chapter 30 in order to promulgate standards for right-of-way excavation and restoration; authorizing the City Manager to promulgate such standards and any modifications thereto, and take such other action as required to implement such standards; permitting the use of a letter of credit as an additional form of security; providing for an effective date; and dispensing with the second reading by title paragraph of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 30-1, Violations of chapter, Article I, In General, of Chapter 30, Streets and Sidewalks, Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: §30-1. Violations of chapter. Unless otherwise specifically provided, a violation of any provision of this chapter shall constitute a Class 4 3 misdemeanor. 2. Article III, Street Excavations, of Chapter 30, Streets and Sidewalks, Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: H:~,tEAS UKES~o-amCHAPTER3 0EXCAVATIONANDRESTORAT1ONSTANDAKDS 3 0'8 8.d°c I ARTICLE IlL STREET EXCAVATIONS DIVISION 1. GENERALLY §30-45. Barricades and warnings. Work area protection. It shall be the responsibility of each person obtaining a permit under this article to erect and maintain, at and around the excavation, barricades and warnings in accordance with **' ...... ~.; ..... ~ ~,,:~:~ cf *~'~ ~'~'~ '~ ....... * cf *':~' ......... '~ ......... ~:~ such standards as may be promulgated by the city manager and any applicable Virginia Department of Transportation regulations. §30-46. Work to be diligently prosecuted; leaving excavation uncovered at night. All work pursuant to a permit ~*~'~ "-'~ grca ..........issued pursuant this article shall be prosecuted with diligence and it shall be the responsibility of the permit holder to avoid unnecessary delays in completion of the work. Unless in case of absolute necessity, no excavation shall be left uncovered during the nighttime. §30-48. Restoration of street, alley, orpublic way when work completed. When excavations pursuant to a permit issued under this article have been completed, the person doing such work or being responsible therefor shall immediately cause the street, alley or public way to be restored tc cc .......... in accordance with such standards as may be promulgated by the city manager. The work of, or connected with, restoring of the surface or pavement of the street, alley or public way, after such opening and the backfilling have been made, shall be done under the supervision and control of the city manager. Such restoration shall include all work necessary to restore the street, alley or public way tc.~o:+~ ,,..~..~-:~:~ ~,,..,..,..~..~'~:+: .... ~..~ in accordance with the above referenced standards. ~30-49. Standards, rules, and/or regulations for the issuance of permits and the restoration of the streets, alleys or public ways. The city manager is authorized to promulgate and implement standards, rules, and/or regulations, including modifications thereto, for the issuance of permits for excavations or work in the streets, alleys, or public ways and for the restoration of the streets, alleys, and public ways. H:~VIEAS UKES~o-am CHAPTER30EXCAVATIONANDRESTORATION STANDARDS30'88.do¢ 2 DIVISION 2. PERMIT §30-60. Required; exceptions. ) r: ..... , .... *~ ~'~:" it It shall be unlawful for any person to make any excavation or opening in the surface or pavement of any street, alley or public way of the city, unless a permit so to do has been obtained from the city manager. Provided, however, This this section shall not apply to ':,',eric done ~y duly ~,,+u~,~-~ ~:, ..........~ .............. J v .......... routine maintenance and repair of street surfaces or manhole adjustments performed by or on behalf of the city. (b) In an emergency, when the necessities of the public require, an excavation or opening may be made without a permit; provided, however, that in such cases a permit shall be obtained as soon as possible after such excavation or opening has been made. §30-61. Application procedures. Any person desiring a permit required by this article shall file, with the city manager, on a form provided therefor, an application for such permit:r, ~vhich app .......................................... , .......... ,e ..... + .:-~ ~.~+~ and ~ .... :~- ~+~ ..... The contents of such application form shall be in accordance with such standards as may be promulgated by the city manager. The city manager shall prepare and keep on hand ........ such forms for the application provided for in this section. §30-62. Fee. An inzycct:,cn A permit fee or charge, in such mount as is prescribed by the city council, shall be charged and collected for each permit issued under this divig~cn article, unless otherwise provided for by law. Such fees shall be paid (a) in full prior to the issuance of the permit, or (b) pursuant to the deferred payment program set forth in section 2-178.2 of this Code. The city, any public utility company, cr it3 any other entity, or their contractor, conducting work requiring a permit in connection with a city or Virginia Department of Transportation project shall be exempt from such fee. §30-63. Applicant's insurance and bcnd performance securiW. No permit shall be granted under this division article unless the applicant of v ..... liability insurance shall have furnished to the city manager evidence -"~-~:~ H:XaMEAS URES~o-amCHAPTER30EXCAVATIONANDRESTORATIONSTANDAILDS30'88.doc 3 · cf for d al!c) ......v, ~..u.,~"; ....... ,,~;. and a performance securi~ as may be required by such standar& as may be promulgated by the ci~ manager. §30-64. Issuance or denial. -~:*~: ..... ,~ .......... tc a.:~ ,~:.,:~:.. approve, conditionally approve, or deny the application. The process and time period for such approval or denial of an application shall be in accordance with such standards as may be promulgated by the city manager. 3. Section 30-65, Multiple street opening permit, of Article III, Street Excavations, of Chapter 30, Streets and Sidewalks, of the Code of the City of Roanoke (1979), as amended, is hereby REPEALED. H:~VlEAS URES~o-amCHAPTER3 0EXCAVAT1ONANDRESTORATIONSTANDARDS3 0'8 8.d°c 4 7. by title paragraph of this ordinance is hereby dispensed with. 4. Section 30-88, Security, of Division 2, Construction of Sidewalks by Property Owners, of Article IV, Construction of Sidewalks, Curbs and Sidewalk Crossings, of Chapter 30, Streets and sidewalks, Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: {}30-88. Security. No improvement authorized by this division shall be constructed by any person, unless such person shall have filed security '":'~' ............. ~'~ ~;*"j ...... ~' of one thousand dollars ($1,000.00) with the city clerk, conditioned upon the faithful performance of the work and the use of proper workmanship and materials. The security may be by a letter of credit, a certified or cashiers check, or a surety bond in a form approved by the city attorney, with 30.'7,c a guaranty surety company authorized to do business in this state, as surety. 5. The City Manager is authorized to take such action as may be necessary to implement and administer such standards, rules and/or regulations. This ordinance shall be in full force and effect on December 1, 2004. Pursuant to the provisions of § 12 of the Roanoke City Charter, the second reading City Clerk. H:'~vlEAS URES\o-amCHAPTER3 0EXCAVATIONANDRESTORAT1ONSTANDARDS 3 0.8 8.doc 5 CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com September 20, 2004 Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe., 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: RE: City of Roanoke Right of Way Excavation and Restoration Standards The 2003 Citizen survey ranked Street Paving, Maintenance and Repair as an issue of high importance. Roanoke's comprehensive plan Vision stresses the importance of a quality street system linking our community. City Council's Strategic Plan 2004 envisions developing 'strong neighborhoods through quality city infrastructure'. In response to these goals, city staff has worked with local utility companies, contractors and developers for many months to develop a written policy for utility excavation and restoration. Attached for your review and consideration is the proposed final draft of the City of Roanoke Riqht of Way Excavation and Restoration Standards dated September 20, 2004. (Standards). Staff has briefed City Council of our progress and the necessity of such standards throughout the development of the new Standards. In order to implement the Standards, several changes to the City Code are necessary. Specifically, certain sections of Chapter 30, Streets and Sidewalks, of the Code of the City of Roanoke (1979), as amended, need to amended or repealed and one new section needs to be added. The addition is a new section 30-49, which authorizes the City Manager to promulgate the Standards. The amendment to section 30-1 changes the class of the misdemeanor from a Class 4 to a Class 3 misdemeanor for a violation of the chapter. (The effect of the class change is to increase the fine from $250 to a maximum of $500 per violation.) The other amendments or deletions are to make the standards compatible with the City Code. The proposed Standards provide a document detailing the procedures permits, materials, methods, workmanship and quality desired for work within Mayor Harris and Members of City Council September 20, 2004 Page 2 Roanoke's public street rights of ways. This document combined with proactive inspection by city staff and cooperation of the utility community will result n quality pavement repairs performed n a timely manner. Also, proposed is a new fee structure for an Excavation Permit (formerly called a Street Opening Permit). The permit fee will increase from $36.00 to $50.00, and the new permit will have a fixed duration of 30 days. In order to answer concerns from utility companies on this limited duration, a 60 day permit is also available from $100.00 to cover the increase in inspection coverage. This increase in fee, while not recovering all expenses for services provided, does align Roanoke's fee with other comparable jurisdictions. A copy of the proposed fee schedule is attached. Recommendation: City Council adopt the recommended City Code provisions in order to allow the City Manager to promulgate the Standards, including any modifications thereto. Amend the Fee Compendium to provide for the revised fee schedule as set forth in the fee schedule attached to this letter. Provide that the effective date for the recommended code provisions and Fee Schedule be December 1,2004. Authorize the City Manager to take such further action as may be necessary to implement and administer such Standards. C: Sin~rely, ~_-_~ City Manager Mary F. Parker, City Clerk William F. Hackworth City Attorney Jesse A. Hall, D rector of Finance CM04-00159 RIGHT OF WAY EXCAVATION PERMITS ASSESSING DEPARTMENT: Engineering COLLECTION DEPARTMENT: Treasurer DESCRIPTION: Fee charged for permits in accordance with the Right of Way Excavation and Restoration Standards. EXCAVATION PERMIT FEES: Permit Fee (30 days) $ 50.00 Permit Fee (60 days) $ 100.00 IF ANY EXCAVATION IS STARTED WITHOUT A REQUIRED PERMIT, IN ORDER FOR THE PERSON TO BE ALLOWED TO CONTINUE WITH SUCH EXCAVATION, THE PERSON MUST OBTAIN A PERMIT, AND THE COST OF SUCH PERMIT FEE SHALL BE TWICE THE APPLICABLE AMOUNT SET FORTH ABOVE (I.E., 30 DAY PERMIT FEE - $100.00, 60 DAY PERMIT FEE - $200.00) LEGAL AUTHORIZATION: Roanoke City Code Section 30-62 6.a.6. ROANOKE City of Roanoke Right of Way Excavation and Restoration Standards September 20, 2004 PRELIMINARY STATEMENT A. The purpose of these Right of Way Excavation and Restoration Standards (Standards) is to establish standards and guidelines governing excavations and restorations within the public Right of Way of the City of Roanoke, Virginia. The intent of these Standards is to preserve and extend the service life of the public infrastructure and to prevent pavement failures and settlement resulting from excavations. The City's objective is to ensure the integrity of its street infrastructure, provide for the public safety, and minimize inconvenience to the traveling public. These Standards are necessary for the benefit, safety and general welfare of the public. B. The City of Roanoke acknowledges the need and obligation to accommodate utilities in the public Right of Way. It is expected that utilities and private contractors understand the primary purpose of public roadways and walkways is to provide for the safe and efficient travel of the public. This purpose has precedence over any secondary use of the Right of Way. C. Under these Standards a more comprehensive permit process is created to regulate excavations in the public Right of Way by public utilities, private contractors or any person. D. The excavation permitting process should minimize the impact of construction on neighborhood residents and businesses by enforcing cleanliness and safety standards for construction sites, imposing strict timelines for construction, and requiring a durable restoration of the Right of Way with a uniform visual appearance and good ride quality. E. The Right of Way permitting process must allow the City to enforce compliance with these Standards. F. These Standards detail a process for reviewing, denying, approving and conditionally approving permits. G. These Standards are intended to minimize disruption to the public by improving the coordination of excavation work, which will help to ease traffic congestion, and limit inconvenience to residents of and businesses in the City of Roanoke. H. These Standards provide for the establishment of regulations for the control of excavation sites that include protection of trenches and excavated material, prompt removal of excavated materials, and procedures for the treatment and remediation of hazardous material found in the public Right of Way. Right of Way Excavation and Restoration Standards i September 20, 2004 ROANOKE I. Prompt restoration of the public Right of Way is an essential element of these Standards and will be strictly enforced. In an effort to minimize disruption caused by construction in the public Right of Way, all work within the public Right of Way shall be coordinated through the Engineering Division's Inspector's Office. This office is responsible for permitting and coordinating excavations and utility cuts. K. The City of Roanoke shall comply with these Standards. L. These Standards will apply to permits issued on and after the effective date of these Standards. M. The effective date for these Standards is December 1, 2004. APPROVAL OF RIGHT OF WAY EXCAVATION AND RESTORATION STANDARDS BY CITY MANAGER Pursuant to the authority granted to me by the Roanoke City Code Section 30-49, I hereby approve and adopt the City of Roanoke Right of Way Excavation and Restoration Standards dated September 20, 2004 and I further designate the City Engineer as my agent for the purposes of implementing and administering these Standards. Darlene L. Burcham Date City Manager Right of Way Excavation and Restoration Standards ii September 20, 2004 ROANOKE Phone Numbers Engineering Division Inspector's Office .................................................................................... 540-853-2856 Landscape Coordinator .............................................................................................................. 540-853-1756 Miss Utility of Virginia .......................................................................................................... 1-800-552-7001 Office of the City Engineer ........................................................................................................ 540-853-2731 Office of Environmental and Emergency Management ............................................................. 540-853-2425 Police Non-Emergency Number ................................................................................................ 540-853-2411 Traffic Engineering .................................................................................................................... 540-853-2385 Urban Forester ............................................................................................................................ 540-853-1994 Right of Way Excavation and Restoration Standards iii September 20, 2004 ROANOKE 1.1 1.2 1.3 1.4 2.1 2.2 2.3 2.4 TABLE OF CONTENTS GENERAL PROVISIONS Excavation in the Public Right of Way. Permits Required to Excavate. Ordinances and Regulations. Definitions. APPLICATIONS FOR PERMITS TO PERFORM AN EXCAVATION Applications. Insurance. Permit Security Purpose and Duration of Permit Security PERMITS TO PERFORM AN EXCAVATION 3.1 Making an Excavation in the Right of Way without a Permit 3.2 Action on Applications for Permits to Excavate. 3.3 Terms and Limitations. 3.4 Expiration of Permit. 3.5 Non-Transferability of Permits. 3.6 Emergency Excavation. 3.7 Liability of Permittee. 3.8 Permit to Be Available at Excavation Site. 3.9 Fees and Deposits. 3.10 Fast-Track Maintenance Permits. 4. EXCAVATIONS 4.1 Notices. 4.2 Notice for Marking of Subsurface Facilities. 4.3 Limits upon Excavation in the Public Right of Way. 4.4 Regulations Concerning Excavation Sites. 4.5 Work Outside the Pavement. 4.6 Quality Assurance/Quality Control Inspection. 4.7 Damage to Items in the Right of Way or to the Right of Way Page (1) (1) (1) (1) (2) (4) (4) (5) (7) (8) (8) (8) (9) (9) (9) (lO) (lO) (lO) (ll) (ll) (11) (12) (12) (12) (13) (13) (15) (16) (17) Right of Way Excavation and Restoration Standards iv September 20, 2004 ROANOKE TABLE OF CONTENTS - Cont. 5. RESTORATION STANDARDS FOR THE PUBLIC RIGHT OF WAY 5.1. Asphalt Pavement. 5.2. Concrete Pavement. 5.3. Decorative Pavement 5.4. Transportation. 5.5. Sidewalks. 5.6. Curb Ramps for People with Mobility Impairments. 5.7. Concrete Driveway Entrances. 5.8. Curb and Gutter. 5.9. Horizontal Directional Drilling. 5.10. Monuments. 5.11. Landscaping. 6. VIOLATIONS 6.1 6.2 6.3 6.4 Stop Work Order, Permit Modification, and Permit Revocation. Subsurface, Curbing, Sidewalk or Pavement Failures - Warranty. Repair by the Division. Penalties and Fees. 7. EMERGENCY REMEDIATION BY THE DMSION 8. ENVIRONMENTAL ISSUES ATTACHMENTS: 1 2 3 4 Utility Trench Repair Details in Pavement Right of Way Excavation Permit Application Permit Bond Form Work Location Sheet (17) (17) (20) (21) (21) (21) (22) (22) (22) (23) (24) (24) (25) (25) (26) (26) (27) (28) .(29) Right of Way Excavation and Restoration Standards v September 20, 2004 ROANOKE 1. GENERAL PROVISIONS. 1.1 EXCAVATION IN THE PUBLIC RIGHT OF WAY. The City of Roanoke Charter, Section 2 (12), grants the City the power to regulate Right of Way use. The City Code, Chapter 30, Streets and Sidewalks, Article III, Street Excavations, grants the City Manager the authority to supervise and control the restoration of the Right of Way to its original condition. This authority has been delegated by the City Manager to the City Engineer. 1.2 (a) PERMITS REQUIRED TO EXCAVATE. In accordance with City Code Section 30-60, it is unlawful for any Person to make any excavation in any Public Right of Way unless a permit to do so has been obtained, except fbr routine maintenance and repair of street surfaces and manhole adjustments performed by or on behalf of the City. Permit requirements pertaining to an emergency excavation are addressed in Section 3.6 of these Standards. (b) In accordance with City Code Section 30-61, any Person desiring a permit shall complete an application for such permit. (c) The Engineering Division shall issue a permit to excavate only if the Applicant has the legal authority to occupy and use the Public Right of Way for the purposes identified in the application for the permit. 1.3 ORDINANCES AND REGULATIONS. In addition to the requirements set forth in these Standards, the City may adopt such ordinances, resolutions, regulations, or policies, as it deems necessary in order to preserve and maintain the public health, safety, welfare, and convenience. Each excavation in the Public Right of Way pursuant to these Standards shall be performed in accordance with the following: (a) The applicable sections of Chapter 30, Streets and Sidewalks, Code of the City of Roanoke (1979), as amended. Right of Way Excavation and Restoration Standards 1 September 20, 2004 ROANOKE (b) The latest edition and applicable sections of the Virginia Department of Transportation Road and Bridge Specifications and Standards. (c) The latest edition of the Manual for Uniform Traffic Control Devices (MUTCD). (d) The latest edition of the Virginia Work Area Protection Manual. (e) The Virginia Underground Utility Damage Prevention Act, Virginia Code Sections 56- 265.14, et seq. 1.4 DEFINITIONS. For purpose of these Standards, the following terms shall have the following meanings: (a) "Applicant" shall mean any Owner, Person, company, or entity who has submitted an application for a permit to excavate or make an opening in any City Right of Way. (b) "Block" shall mean that part of the Public Right of Way that includes the street area from the property line to the parallel and/or opposite property line in width and extending from the centerline of an intersecting street to the nearest property line or to the centerline of the next intersecting street in length. (c) "City" shall mean the City of Roanoke, Virginia. (d) "Division" shall mean the Engineering Division of the Department of Public Works. (e) "Deposit" shall mean any bond, cash deposit, or other security provided by the Applicant in accordance with its permit, franchise, or other agreement with the City. (f) "Emergency Excavation" shall mean any work in the surface or subsurface of the Public Right of Way immediately necessary for the preservation of life or property and for which there is not sufficient time to obtain a permit. (g) "Excavation" shall mean any work in the surface or subsurface of the Public Right of Way, including, but not limited to, opening the Public Right of Way; installing, servicing, repairing or modifying any Facility (les) in or under the surface or subsurface of the Public Right of Way; and restoring the surface and subsurface of the Public Right of Way. (h) "Facility" or "Facilities" shall include but not be limited to, any and all cables, cabinets, ducts, conduits, converters, equipment, drains, handholds, manholes, pipes, storm sewers, pedestals, splice boxes, surface location markers, tracks, tunnels, utilities, vaults and other Right of Way Excavation and Restoration Standards 2 September 21), 2004 ROANOKE appurtenances or tangible things owned, leased, operated, or licensed by any entity that are located or are proposed to be located in the Public Right of Way. (i) "Inspector" shall mean the Engineering Division Inspector. (j) "Owner" shall mean any Person, including the City, who owns any Facility or Facilities that are or am proposed to be installed or maintained in the Public Right of Way. (k) "Permit Administrator" shall mean the person to whom the Engineering Division Inspector reports. (1) "Permittee" shall mean the Applicant to whom a permit to excavate, or otherwise work in the public Right of Way, has been granted by the Department of Public Works, Engineering Division. (m) "Person" shall mean any individual, firm, owner, sole proprietorship, partnership, corporation, unincorporated association, governmental body, Commonwealth of Virginia, Federal Government, authority, commission, municipal corporation, executor, administrator, trustee, guardian, agent, occupant, or other legal entity. (n) "Public ldtility" shall mean any Person or Owner whose Facility or Facilities in the Public Right of Way are used to provide electricity, natural gas, information services, sewer services, water services, telecommunications, cable television, video, or any other services to customers regardless of whether such Person or Owner is deemed a public service corporation by the Virginia State Corporation Commission. (o) "Public Right of Way" or "Right of Way" shall mean the area across, along, beneath, in, on, over, under, upon, and within the dedicated public alleys, boulevards, courts, lanes, roads, sidewalk, spaces, streets, and ways which am or will be under the permitting jurisdiction of the Department of Public Works. (p) "Standard" or "Standards" shall mean the City of Roanoke Right of Way Excavation and Restoration Standards. (q) "Stop Work Order" shall mean an order issued by the City Engineer describing a violation and directing the Person doing the work in the City Right of Way to stop such work as directed by such order. When the City Engineer has determined that a Person or Permittee has violated the provisions of these Standards or that an Excavation poses a hazardous situation or constitutes a public nuisance, public emergency, or other threat to the public health, safety, or welfare, the City Engineer is authorized to issue a Stop Work Right of Way Excavation and Restoration Standards 3 September 20, 2004 ROANOKE Order, to impose new conditions on a permit, or to suspend or revoke a permit by notifying the person or Permittee of such action in a written, electronic, or facsimile communication. (r) "Quality Control Plan" shall mean a written plan that is prepared by a Person or Permittee who performs more than ten (10) excavations a month in the City of Roanoke under these Standards; and shall be approved by the City Engineer. The plan may specify alternate excavation, restoration, and testing methods than those provided for in these Standards. 2. APPLICATIONS FOR PERMITS TO PERFORM AN EXCAVATION. 2.1 APPLICATIONS. Applications shall be submitted on the form contained in Attachment 2 in duplicate and shall contain: (a) The name, address, telephone, and facsimile number of the Applicant. When an Applicant is not the Owner of the Facility to be installed, maintained, or repaired in the Public Right of Way the application also shall include the name of the Owner. (b) A description of the location [quadrant, nearest tax map number, purpose, method of Excavation, and surface and subsurface area of the proposed Excavation.] (c) A scaled site plan showing the proposed location, dimensions of the Excavation, the nearest cross street, the Right of Way property line, a North arrow, other underground or overhead facilities in the vicinity of the proposed Excavation, trees and landscaping, and the facilities to be installed, maintained, or repaired in connection with the Excavation, and any other details as the Division may require. (d) The proposed duration of the Excavation, which shall include the duration of the restoration of the Public Right of Way physically disturbed by the Excavation. (e) A detailed traffic control plan if required by the Division. (f) Any proposed attachments to bridges require the submittal of a detailed site plan and specifications with the permit application for approval by the City Engineer. (g) A valid original signature of the Applicant acknowledging the terms and conditions of these Standards and permit application. Right of Way Excavation and Restoration Standards 4 September 20, 2004 ROANOKE (h) (i) (J) 1.1 Applicable permit fee(s) by cash, check or money order made payable to the City of Roanoke. The amount of such permit fees shall be as set forth in the City's Fee Compendium. Proof of insurance coverage required in Section 2.2 below. Any other information that may reasonably be required by the Division. INSURANCE. The Permittee shall, at its sole expense, obtain and maintain during the life of such permit and warranty period, the insurance policies required by this Section, unless otherwise provided for in an existing franchise or other agreement with the City, or in writing by the City Engineer. Any required insurance policies shall be effective prior to the beginning of any work or other performance by the Permittee under this Contract. Permittee shall assure that all sub-permittees have secured and maintained the following coverages. Permittee's insurance shall not have exclusions for sub-permittees. However, a Permittee may provide evidence of self-insured coverge in place of such insurance policies if such self insurance coverage is approved in writing by the City's Risk Management Officer. Furthermore, such policies and coverages shall be allowed to be used for work done by Permittee under any permits issued pursuant to these Standards, unless additional policies and coverage are required by the Permit Administrator. The following minimum policies and coverages are required: (a) The following minimum insurance requirements apply: 1. Workers' Compensation and Employers' Liability: The Permittee shall obtain and maintain the following limits: Workers' Compensation: Statutory Employers' Liability: $100,000 bodily injury by accident each occurrence $500,000 bodily injury by disease (policy limit) $100,000 bodily injury by disease each employee Right of Way Excavation and Restoration Standards 5 September 20, 2004 ROANOKE 2) Commercial General Liability: Coverage is to be written on an "occurrence" basis, $1,000,000 minimum limit, and such coverage shall include: · Products/Completed Operations · Contractual Liability · Broad Form Property Damage · Protective Liability for Operations of Sub-Permittees (if any) · Personal Injury and Advertising Injury · Bodily Injury DELETE X, C, and U Exclusions 3) Automobile Liability to be written on an "occurance basis": Limits for vehicles owned, non owned or hired shall not be less than: · $1,000,000 Bodily Injury and Property Damage combined single limit 4) Environmental Impairment Liability: If applicable, as determined by the City: · $1,000,000 per occurrence (b). Proof of Insurance Coverage: The policies of insurance shall be purchased from a reputable insurer licensed to do business in Virginia and maintained for the life of all work to be done by the Permittee. Other insurance requirements include the following: 1) The Permittee shall furnish the City with the permit application, together with the required certificates of insurance showing the insurer, type of insurance, policy number, policy term, and limits, or evidence of acceptable self insurance. Such documents shall be provided to the City before any permit will be issued and before any work is done, except as otherwise provided in these Standards. 2) The required certificates of insurance shall contain substantially the following statement: "The insurance covered by this certificate shall not be canceled or materially altered except after a thirty (30) day written notice has been received by the City Risk Management Officer and the City Engineer." 3) The required certificates of insurance shall name the City of Roanoke, its officers, agents, volunteers, and employees as additional insureds except with regard to Right of Way Excavation and Restoration Standards 6 September 20, 2004 ROANOKE Workers' Compensation and employers' liability coverages. Workers' Compensation and Employer's Liability coverages shall contain a waiver of subrogation in favor of the City. Additional insured and waiver endorsements shall be received by the City Risk Management Officer from the insurer within 30 days from the date of the permit application. 4) Such certificates of insurance or evidence of self insurance may be submitted by a Permittee to the City with a request that they be valid for a period of one (1) year to cover all permitted work to be done by the Permittee for such time period. If the City Engineer approves such request, separate certificates of insurance or evidence of self insurance will not need to be provided to the City during that period of time. Provided, however, the City Risk Management Officer may require at ahy time increased amounts of coverages or separate insurance certificates of insurance or evidence of self insurance from the Permittee if such officer determines such action is needed to protect the interest of the City. 5) Such insurance coverage amounts may be provided by an excess insurance policy following the form of the underlying coverages. 2.3 PERMIT SECURITY. Unless otherwise provided for in a franchise or other agreement with the City or by law, a permit security shall be required for all permits issued and the amount of such permit security shall be set by the Division during the review of the permit application. A permit security shall consist of one of the following: (a) Letter of credit approved by the City's Director of Finance; (b) Excavation permit bond with corporate surety in substantially the form set forth in Attachment 3 to these Standards; (c) Cash; or (d) Certified check made payable to the City. Such permit security may be submitted by a Permittee to the City with a request that such security be valid for a period of one (1) year to cover all permitted work to be done by the Permittee for Right of Way Excavation and Restoration Standards 7 September 20, 2004 ROANOKE such time period. If the City Engineer approves such request, separate permit securities will not need to be provided to the City during that period of time. Provided, however, the City Risk Management Officer may require at any time increased amounts for such permit security or separate permit securities from the Permittee if such officer determines such action is needed to protect the interests of the City. 2.4 (a) PURPOSE AND DURATION OF PERMIT SECURITY. A permit security in the approved amount must be provided to the Development Assistance Center before any permit will be issued. The permit security is to guarantee that the work performed by the Permittee under the permit is done in compliance with these Standards, including the warranty provisions of Section 6.2. Such permit security shall be kept in effect for the term of the permit, any extension thereto, and for any warranty periods. (b) Such permit security may be allowed to be used for work done by Permittee under any permits issued pursuant to these Standards, provided that the Permit Administrator may require the amount of any such permit security to be increased to provide protection to the City for the anticipated amount of all work to be done by the Permittee. (c) Return of Permit Security. Upon completion of all of the work covered under all applicable permits and the expiration of any applicable warranty period, the permit security will be returned to the Permittee within thirty (30) days after a written request from the Permittee. 3. PERMITS TO PERFORM EXCAVATION. 3.1 MAKING AN EXCAVATION IN THE RIGHT OF WAY WITHOUT A PERMIT. No person shall make an Excavation in the Right-of~Way without a permit except as may be permitted by these Standards, the City Code, or by law. Any Person doing so will be subject to appropriate penalties and/or fees as provided for in these Standards, the City Code, or by law and must obtain a permit as soon as possible. Also, any such Person making any such unpermitted Excavation may be required to remove any items placed in the Right-of-Way and to restore the Right-of-Way to its original condition before such Right of Way Excavation and Restoration Standards 8 September 20, 2004 ROANOKE Excavation was done or to pay all costs and expenses to have this done. Furthermore, the failure of a person to have a valid permit to make an Excavation shall not relieve such person from complying with all the requirements of these Standards as to any such Excavation, including, but not limited to all obligations to restore, repair, and replace the Right-of-Way to its original condition and all warranties for such work. 3.2 ACTION ON APPLICATIONS FOR PERMITS TO EXCAVATE. (a) The Applicant shall submit a properly completed application to the Development Assistance Center, together with the required Certificate of Insurance, for processing. (b) The Development Assistance Center will forward the application to the Engineering Division, which shall approve, conditionally approve, or deny the application. (c) If the application is approved or conditionally approved, the application will be forwarded to the Development Assistance Center for processing and issuance of a permit to be signed by the Permit Administrator. (d) If the application is denied, the Division shall advise the Applicant in a written, electronic, or facsimile communication of the basis for denial. (e) It is anticipated that the duration of the process will take ten (10) business days. 3.3 TERMS AND LIMITATIONS. The permit shall specify the location, extent, and method of the Excavation, the start date and duration of the Excavation, the Permittee to whom the permit is issued, and any conditions placed on the permit. 3.4 EXPIRATION OF PERMIT. Normal duration of a permit is thirty (30) days. Additional time wilI be considered upon request. If the Excavation, including restoration, has not been completed within the time specified in the permit, the City Engineer may issue a "Stop Work Order," and/or withhold futura permits or cause such work to be completed by other contractors at the Permittee's sole expense; provided, Right of Way Excavation and Restoration Standards 9 September 20, 2004 ROANOKE however, that the City Engineer may issue extensions to the start date, or time of completion, or both, upon written request from the Permittee stating the reasons for the extension. 3.5 NON-TRANSFERABILITY OF PERMITS. Permits are not transferable. 3.6 EMERGENCY EXCAVATION. Nothing contained in these Standards shall be construed to prevent any Person from taking any action necessary for the preservation of life or property when such necessity arises anytime when the Division is closed (Section 30-60, Code of the City of Roanoke (1979), as amended). In the event that any Person takes any action to excavate or cause to be excavated the Public Right of Way pursuant to this Section; such Person shall apply for an emergency permit within four hours after the Divisioffs offices are first opened. The Applicant for an emergency permit shall submit a written statement of the basis of the emergency action and describe the Excavation performed and any work remaining to be performed. All aspects of these Standards shall apply. 3.7 LIABILITY OF PERMITTEE. Each Permittee is wholly responsible for the quality of the Excavation performed in the Public Right of Way and is liable for all consequences of any such Excavation and any Facilities installed in the Public Right of Way. Permittee agrees and binds itself to indemnify, keep and hold the City, its officers, agents, and employees (hereafter collectively referred to in this paragraph as City) free and harmless from any and all claims, causes of action, damages or any liability, including reasonable attorney's fees and costs, on account of any injury or damage of any type to any persons or property (including City property) growing out of, or directly or indirectly resulting from, any act or omission of Permittee, including but not limited to: (a) Permittee's use of the public ways or other areas of the City; (b) the acquisition, construction, reconstruction, erection, installation, operation, maintenance, repair or extension of Pemfittee's facilities within the Public Right of Way; (c) the failure, refusal or neglect of Permittee to perform any duty imposed upon or assumed by Permittee by or under its permit. The issuance of any permit, inspection, repair, or suggestion, approval or acquiescence of any person affiliated with the Division shall not excuse the Permittee from such responsibility or liability. Right of Way Excavation and Restoration Standards 10 September 20, 2004 ROANOKE 3.8 PERMIT TO BE AVAILABLE AT EXCAVATION SITE. The permit or a photo duplicate or such other document approved by the Permit Administrator shall be available for review at the site of the Excavation for the duration of the Excavation and shall be shown, upon request, to any police officer or any other employee of a City agency or department with jurisdictional responsibility over activities in the Public Right of Way. Failure to have a valid copy of any required permits on-site may cause a "Stop Work Order" to be issued. All additional costs incurred, as result of the issuance of a "Stop Work Order," shall be the Permittee's responsibility. 3.9 FEES AND DEPOSITS. Permittee shall remit to the City the applicable fees and deposits as required by the applicable sections of the Roanoke City Code and as adopted by City Council and set out in the Fee Compendium, and these Standards. Contact the Development Assistance Center for current permit fee(s) and deposit information. 3.10 FAST TRACK MAINTENANCE PERMITS Fast-track maintenance permits are pre-approved permit numbers that allow a public utility with Facilities in the Right of Way to submit permit applications via e-mail. Only emergency work or minor routine repairs shall be permitted by this method. If requested in writing, the Engineering Division will issue a pre-approved block of permit numbers to each Applicant. No Applicant will be issued more than one block of numbers at a time. The Engineering Division will determine the total number of permits per block. No entity shall have more than two (2) active blocks of permit numbers open at any given time. A third block of numbers will not be issued until the entity has used all of the numbers in the first block. Each entity must designate a contact person responsible for the security and issuance of pre- approved fast-track permit numbers. The participating entities will be invoiced monthly for each block of permit numbers issued the previous month. Payment must be remitted promptly within thirty (30) days of receiving the invoice. Right of Way Excavation and Restoration Standards 11 September 20, 2004 ROANOKE 4. EXCAVATIONS. 4.1 NOTICES. Any Permittee who makes an Excavation in the Public Right of Way shall provide notice, except in an emergency, as follows: (a) At least one week prior to commencement of work requiring lane closures, notify Traffic Engineering. (b) At least forty-eight (48) hours prior to the commencement of work, the Permittee shall notify the Inspector's Office by faxing or delivering a completed Work Location Sheet included in these Standards as Attachment 4. Failure to notify within the pmschbed time may msult in the issuance of a "Stop Work Order" by the City Engineer. All additional costs incurred, as a result of the issuance of a "Stop Work Order," shall be the Permittee's responsibility. (c) Before commencement of construction, the Permittee shall post and maintain Excavation project signs at the site of the Excavation that bear the Permittee's name and a 24-hour telephone number. Such Excavation project signs shall provide minimum 3" lettering. As an alternative, traffic control devices may be stenciled with 3" lettering to meet this requirement. (d) Notice for emergency Excavation. The Permittee or Applicant shall notify, as soon as possible, the Division, or if after normal business hours, the Police non-emergency number and advise of the emergency Excavation and any potential impacts on traffic flow or traffic or pedestrian safety. 4.2 NOTICE FOR MARKING OF SUBSURFACE FACILITIES. In accordance with State law, Virginia Code Section 56-265.14, et seq.~ any Person excavating in the Public Right of Way shall comply with the requirements of the Virginia "Underground Utility Damage Prevention Act" regarding notification of Excavation and marking of subsurface Facilities Right of Way Excavation and Restoration Standards 12 September 20, 2004 ROANOKE 4.3 (a) (b) (c) LIMITS UPON EXCAVATION IN THE PUBLIC RIGHT OF WAY. Scope. A Permittee shall not make, cause, or permit to be made, any Excavation in the Public Right of Way outside the boundaries, times, and description set forth in the permit or the plans filed, Single Excavation maximum of 500 feet. No single open Excavation site shall be longer than 500 feet in length at any time. No work will be permitted (except for emergencies) on certain streets during special City events, or other events so designated by Traffic Engineering. 4.4 REGULATIONS CONCERNING EXCAVATION SITES. Each Owner and Permittee shall be subject to requirements for Excavation sites that are set forth herein and shall include, but not be limited to, the following measures: (a) Protection of the Excavation. Whenever possible, Excavations should be backfilled immediately following the work. Each Permittee shall cover an open Excavation with properly designed and load rated steel plates ramped to the elevation of the contiguous street, pavement, or other Public Right of Way, or otherwise protected in accordance with guidelines prescribed by the Division. Steel plates must be secured so that they do not slip, must provide a skid resistant travel surface (with the use of an industrial coating or other approved method), and must not deflect from traffic loads. Steel plates shall extend at least one foot on all sides of the Excavation and must be firmly anchored with pins. (b) Housekeeping and removal of excavated material Each Permittee shall keep the area surrounding the Excavation clean and free of loose dirt or other debris in a manner deemed satisfactory to the Division. In addition, the Permittee shall remove all excavated material from the site of the Excavation no later than the end of each workday. All excavated material shall be disposed of at a fill site pursuant to an erosion and sediment control plan approved by the City of Roanoke if such site is located in the City. If the site is outside the City, the plan shall be approved by the jurisdiction where the site is located. Right of Way Excavation and Restoration Standards 13 September 20, 2004 ROANOKE (c) Hazardous materials or wastes. Each Permittee shall comply with applicable federal, state, and local laws and regulations regarding hazardous materials and/or wastes as such laws and regulations may apply to the Permittee's activities. (d) Traffic Control. All traffic control devices and provisions around construction sites shall be installed and maintained in accordance with the latest editions of the "Manual for Uniform Traffic Control Devices" (MUTCD) and the "Virginia Work Area Protection Manual," subject to modification for specific locations by the City Engineer. The Permittee is responsible for furnishing, installing, and maintaining all signs and their appurtenances, 24 hours a day, seven (7) days a week, and for removal of such signs as required by these Standards. (e) Erosion and Sediment Control. Erosion and sediment control around work sites shall be in accordance with the "Virginia State Erosion & Sediment Control Handbook" (current edition) and the Roanoke City Code. Inlet protection should be provided at curb inlets and yard drains. Under no circumstances shall material be allowed to enter the stom~ drain system. Excess material/sediment shall be allowed to dry and then removed by vacuum sweeper or shoveling and hauled away. Street washing shall be allowed only after sediment is removed in this manner. Effluent from dewatering operations shall be filtered or passed through an approved sediment trapping device, or both, and discharged in a manner that does not adversely affect adjacent property. (0 Job-site parking. No job-site parking on sidewalks or landscaping is permitted. Parked vehicles and equipment shall not restrict private property access nor hinder sight distances for traffic. (g) Pedestrian Access. The Permittee must provide pedestrian access to abutting properties or the Public Right of Way in a safe manner. Protective barricades, fencing, handrails and bridges, together with warning guidance devices and signs must be utilized so that the passageway for pedestrians is safe and well defined. Installation of a fixed pedestrian walkway of the fence-and-canopy type to protect and control pedestrians is also required where hazardous work conditions exist overhead. The walk area shall comply with OSHA Right of Way Excavation and Restoration Standards 14 September 20, 2004 ROANOKE 4.5 (a) (b) standards, local Building Codes, Americans With Disabilities Act Guidelines, and any additional requirements set forth by the Division. 1) 2) 3) Walkways in construction areas shall be maintained at least four (4) feet in width and free from abrupt changes in grade. (Maximum allowable grade is 1" rise in 12" of run.) Obstructions within the walkway shall be illuminated during hours of darkness. Minimum vertical clearance to any obstruction within the walkway shall be at least seven feet. Where sidewalks are closed or damaged by construction, an alternate walkway shall be provided pursuant to a Traffic Control Plan approved by Traffic Engineering. Otherwise, at no time shall pedestrians be diverted into a portion of the street, including the parking lane, used for vehicular traffic. This includes and prohibits the closure of a sidewalk midblock, unless a properly signed and marked temporary (mid-block) crosswalk has been approved by Traffic Engineering or as may otherwise be provided by the approved Traffic Control Plan. At locations where alternate walkrways cannot be provided, appropriate signs and barricades must be installed at the nearest crosswalk or intersection to divert pedestrians across the street. The Permittee must submit a special plan on the pedestrian route and signage for this type of closure. WORK OUTSIDE THE PAVEMENT. All work areas outside the pavement shall be restored to their original condition after work completion. All pits/trenches remaining open overnight shall be barricaded or fenced on all sides to ensure pedestrian and motorist safety. When the work area is interrupted in excess of one week, temporary repairs (select fill to grade) must be made. No work area outside of the pavement will be left in a disturbed condition over ten (10) days. When the Permittee is notified ora failure in the work area (i.e. cave-in, work zone protection altered), the Permittee must respond and repair the work area within 24 hours. Right of Way Excavation and Restoration Standards 15 September 20, 2004 ROANOKE (c) The City reserves the right to make or have made any and all required repairs, and recover all associated costs from the Permittee, where necessitated by emergency conditions. 4.6 QUALITY ASSURANCE/QUALITY CONTROL INSPECTION. The inspection process is the primary method by which the Division seeks to protect the City's investment in its Public Right of Way infrastructure. A uniform and responsive inspection process will ensure that the work is completed in accordance with the standards for reconstruction and site restoration specified and referenced herein. The Division's inspection effort will also ensure that the City's infrastructure attains its maximum useful life and utility restoration callbacks are minimized. (a) The Division's quality assurance eftbrts complement the Permittee's quality control efforts. Quality assurance begins with the site plan review process for Public and Municipal Utility projects. City Inspectors are responsible for the inspection of all permitted work within the Public Right of Way. The inspector serves as liaison with Permittee to advise on construction standards and practices and to coordinate activities between the City and other entities and to advise on the extent of restoration. (b) Quality control is the responsibility of the Permittee. The Permittee is expected to be familiar with the applicable standards referenced herein and to employ qualified and licensed personnel and/or subcontractors that will utilize these standards in the restoration of the Public Right of Way. Permittees and their subcontractors who fail to comply with these standards risk denial of permits for performing future work in the Public Right of Way. (c) Inspection services will be provided by the Division as necessary, and upon a request by the Permittee or its subcontractors. The Permittee must notify the Inspector at least forty- eight (48) hours before beginning the work. (d) The City's Inspector will be focused on restoration of the Public Right of Way, backfill, compaction, hazard protection, repaving, and traffic control. Some inspections will be ongoing throughout the duration of a Permit, whereas other inspections will be made only Right of Way Excavation and Restoration Standards 16 September 20, 2004 ROANOKE 4.7 (a) after completion of the work. Factors that will be considered for ongoing inspections include location of work, duration of work, size of area being disturbed or other issues as determined by the Division. DAMAGE TO ITEMS IN THE RIGHT OF WAY OR TO THE RIGHT OF WAY. For all Excavations, the Permittee shall thoroughly investigate the location of all known public, municipal, or any other utilities or other Facilities paralleling or crossing the proposed path of the proposed Facilities or construction area. (b) The Permittee shall be responsible for all damages of any type caused to items in the Right of Way or to the Right of Way as a result of performing the work covered under the Permit or in the Right of Way, unless otherwise provided by law or in these Standards. All damages shall be repaired in accordance with Section 5 of these Standards and shall be subject to the warranty period described in Section 6.2 of these Standards. 5. RESTORATION STANDARDS FOR THE PUBLIC RIGHT OF WAY. Each Permittee that excavates or is responsible for an Excavation in the Public Right of Way shall be responsible for maintaining, repairing, or restoring the site of the Excavation equal to or better than its former condition (Section 30-48, Code of the City of Roanoke (1979), as amended). The following standards will serve as guidelines for work in the City of Roanoke: 5.1 ASPHALT PAVEMENT. Pavement restoration shall match the existing street cross section and pavement type unless otherwise provided for in a Quality Control Plan approved by the Engineering Division. The limits of restoration required to any pavement type shall be dependent on the size of the Excavation, and whether it is listed on the two-year paving program candidate list. If the Excavation is located on a street listed on the two-year paving program candidate list, final restoration (mill and re-pave) will not be required. Any variance of the limits of restoration required is at the discretion of the Permit Administrator. In all cases the work site must be cleaned up each day. Right of Way Excavation and Restoration Standards 17 September 20, 2004 ROANOKE (a) Backf'flling and Compaction: 1) 2) 3) 4) Backfill material shall be VDOT No. 2lA Aggregate, placed in loose lifts not exceeding 6", and compacted to at least 95% maximum dry density within 2 pementage points of optimum moisture (VTM-1) with the use of mechanical tampers or vibratory rollers. Water compaction is not permitted. Local material classified as Type I select material may be used as backfill upon prior approval by the City Engineer. Material classification shall be performed on the actual soil to verify that soil meets VDOT specifications for Type I select material by a qualified testing laboratory and test results shall be certified by a Virginia Registered Professional Engineer. Density requirements are the same as above, however, moisture content for soils may be within 20% of optimum. Density and moisture testing is required on both aggregate and soil backfill. All testing shall be performed and certified by a geotechnical engineer or a VDOT Certified Technician. Results shall be provided to the Inspector within 24 hours of testing completion. The cost of all testing is the sole responsibility of the Permittee. The Permittee shall submit written test results to the Inspector's Office. Field density testing methods shall be approved by the City Engineer prior to performing any testing. A Permittee that performs more than ten (10) Excavations a month under these Standards may submit a written quality control plan to reduce the number of required field density tests. The quality control plan must include the exclusive use of a VDOT- certified aggregate. The quality control plan shall be submitted to the City Engineer for review and approval. Flowable fill may be used as an alternate to Aggregate or Select material. Flowable fill shall meet the requirements of VDOT special provision for fiowable backfill. The material must be plant-certified to provide a 28- day compressive strength between 30 and 200 psi. A certificate of mix Right of Way Excavation and Restoration Standards 18 September 20, 2004 ROANOKE design must be submitted to the Inspector prior to placing the material in the trench. A minimum of four 6 x 12 test cylinders shall be taken every 50 CY of placement. Cylinders shall be tested by a qualified testing laboratory for 28-day strength. Results shall be provided to the Inspector's Office within 24 hours of testing completion. The cost of ail testing is the responsibility of the Permittee. If the report indicates the compressive strengths are not between 30 and 200 psi, the Permittee will be responsible for removing and replacing the backfill with acceptable backfill and completing the restoration of the street at no cost to the City. (b) Initial Pavement Repair: I) 4) 2) 3) The following repair is required, unless another method has been approved as part of an Applicant's Quality Control Plan. After backfill to subgrade is complete, saw cut pavement surface at least one (1) foot beyond all sides of the excavated trench. Remove pavement surface, exposing a minimum of 1 foot bench on top of the base. Compact aggregate base in maximum 6" lifts to 95% maximum dry. density. New hot mix asphalt will be placed in lifts (3" maximum) and compacted using a vibratory plate compactor or a static roller. Asphalt depths will be governed by the existing cross section of the street. When it is necessary to use cold patch in an opening due to the unavailability of hot mix material, the cold patch will be applied in one lift, approximately 2 inches thick. The restoration will not be considered complete until the cold patch is removed and replaced with hot mix asphalt. Patches will be approved based on their general appearance as well as their "rideability." Rideability is defined as a leveling tolerance to within one-quarter inch (1/4") at any point across the patch as it relates to the surrounding street surface. Right of Way Excavation and Restoration Standards 19 September 20, 2004 ROANOKE (c) Final Restoration: 1) In a street with lane striping, any initial pavement repair with an area greater than 40 square feet which transversely covers more than one foot (1') of a lane shall require the entire lane width to be milled and re-paved, for a distance of 10 feet from the edge of the initial pavement repair in both directions. For any initial pavement repair with an area equal to or less than 40 square feet, milling and repaving are not required. 2) 3) In a street without lane striping, milling and repaving are not required. Milling depth shall be a minimum one and one-half inches (1 ½"). Repaying shall exactly match milling depth. Any manhole adjustments shall be the responsibility of the Permittee. Positive drainage and existing flow lines must be maintained. 4) The limit of final restoration may be adjusted by the Permit Administrator. 5.2 (a) (b) CONCRETE PAVEMENT. Any Excavation in a concrete pavement shall require a slab replacement from the nearest transverse joint longitudinally and the entire width of the lane. Slab replacement in an alley shall extend the entire pavement width. Once the compacted backfill has been placed, 1" dowel bars, a minimum of 15" long, must be installed 7.5" into the existing concrete slabs. The bars shall be placed on 12" centers and grouted with an approved adhesive or grout. Welded wire fabric may be required. A "high early" strength (5,000-psi minimum strength within 7 days) concrete mix is required for concrete pavements and valley gutters. Place, finish, and protect new concrete with adequate protection during its curing period. Concrete is required to "set" within 4 hours of placement. Before the pavement is opened to traffic, joints must be cleaned and properly sealed. Right of Way Excavation and Restoration Standards 20 September 20, 2004 ROANOKE 5.3 DECORATIVE PAVEMENT. If decorative pavement is disturbed, the Permittee shall be responsible for repairing the pavement to match the original design in color and texture. The extent of decorative pavement restoration shall be determined by the Inspector. 5.4 TRANSPORTATION. (a) Signalized Intersections: The Permittee, or the Permittee's subcontractor, must not cut into the pavement of a signalized intersection without contacting Miss Utility of Virginia in accordance with Virginia Code Sections 56-265.14, et. seq. Traffic Engineering will attempt to locate and mark buried loop detection devices. Any Permittee, or Permittee's subcontractor, that damages a loop detector marked within Miss Utility Specifications must replace, repair, or pay for the replacement of the damaged loop detector within three (3) business days of such damage. (b) Pavement Markings: Lane striping or other painted and affixed delineators, which are removed or damaged, must be replaced by the Permittee before restoration will be considered complete. Replace markings using like materials, or as approved by Traffic Engineering. 5.5 SIDEWALKS. Damaged sidewalks shall be removed and replaced in full sections (nearest joint). Replacement sidewalk material shall match the existing sidewalk to the extent practicable. Ail concrete edges that are to be removed must be saw cut and formed from construction joint to joint. A section's size will be determined by the adjacent sections or by the Inspector. (a) (b) Any sections of sidewalk that have been undermined must be cut out and replaced. Suitable backfill must be installed and compacted prior to replacement. The Permittee, or the Permittee's subcontractors, must not park any vehicles and/or equipment on City sidewalks. Any damage observed after the work has been completed Right of Way Excavation and Restoration Standards 21 September 2(}, 2004 ROANOKE and that is attributable to the Excavation or performing the Excavation, will be the Permittee's responsibility. The Permittee will be required to make the necessary repairs for any such damage. 5.6 CURB RAMPS FOR PEOPLE WITH MOBILITY IMPAIRMENTS. Any work which requires the disturbance of the curb, and/or sidewalk, touching the back of the curb located within a street intersection return, must be removed and replaced with a curb ramp, at the Permittee's sole expense. The ramp shall be constructed with detectable warning in accordance with current (Virginia Department of Transportation and City of Roanoke) standards and specifications. When the work disturbs an existing curb ramp, the ramp wiI1 be removed and replaced in its entirety and installed in accordance with current (Virginia Department of Transportation and City of Roanoke) standards and specifications. 5.7 CONCRETE DRIVEWAY ENTRANCES. Driveway entrances shall not be "patched" following any work on or around such entrances. The entire apron shall be replaced to the nearest expansion joint. Entrances shall be constructed and repaired to current City standards. 5.8 CURB AND GUTTER. When curb and gutter are disturbed or damaged, they must be replaced in full ten-foot (10') sections and match existing curb and gutter materials to the extent practicable. Match existing curb elevations and ensure a constant grade to provide positive drainage. Curb and gutter must be installed over 6" of compacted crush stone base that extends 12" past the back of curb. Expansion material must be used at all joints. If the work includes removal of a section which was finished with a control joint, the Permittee must saw cut the joint prior to removing the existing section, or as directed by the Inspector. Right of Way Excavation and Restoration Standards 22 September 20, 2004 ROANOKE 5.9 HORIZONTAL DIRECTIONAL DRILLING. Horizontal Directional Drilling (HDD) may be used within the Public Right of Way if pre- approved by the Division. The following conditions will apply to HDD. (a) Horizontal Directional Drilling equipment operators must be trained, preferably by the equipment manufacturer, in the safe and proper operation of the equipment. Written proof of proper training shall be furnished to the City's Inspector upon request. Failure to famish training documentation could result in a Stop Work-Order being issued. All additional costs incurred by the Permittee, as result of the issuance of a "Stop Work Order," shall be the Permittee's responsibility. (b) For all underground utility construction, the Permittee shall thoroughly investigate the location of all known public, municipal, or any other utilities or other Facilities paralleling or crossing the proposed path of the proposed Facilities or construction area. (c) All Public Utility Facilities which are to be located underground shall, after the effective date of these Standards, be installed to a minimum depth of twenty-four (24) inches below the surface of the Public Right of Way. (d) The Permittee is encouraged to use observation pits (pot-holes) to verify the location of existing underground utility facilities. (e) HDD equipment shall have directional control of the boring tool and have an electronic boring tool location detection system. During operation the HDD equipment, the operator shall be able to determine the location of the boring tool both horizontally and vertically. The Permittee or the Permittee's subcontractor must be in direct charge and control of the HDD operation at all times. (g) The Inspector shall be notified 48 hours in advance of starting HDD operations. HDD operations must be performed in the presence of an Inspector unless otherwise directed Right of Way Excavation and Restoration Standards 23 September 20, 2004 ROANOKE by the Division. The Work Location Sheet included as Attachment 4 shall be used for such notice. (h) Potholes in the pavement surface shall be repaired in accordance with the requirements for initial pavement repair. Should the patch dimensions exceed 12 inches by 12 inches, final restoration will be required. If more than four (4) potholes are made in the pavement surface for any single drilling location, final restoration will be required. 5.10 MONUMENTS. Any monument or property comer that is disturbed shall be reset by a licensed land surveyor at the sole cost of the Permittee performing the Work. Documentation from the surveyor shall be provided to the Division. 5.11 (a) LANDSCAPING. In grass areas, place topsoil to a minimum depth of 4 inches. Whenever possible, segregate topsoil during Excavation and re-use. Rake areas to remove all root clumps, stones, and debris 1 inch or greater in size. Tree up all depressions and edges. Scarify subsoil to a depth of 2 inches where topsoil is to be placed. Establish a smooth grade ready to receive seed and sod. Finish grade must be acceptable to the Inspector. Sow seed at rate of 6 lbs. per 1,000 square feet using a seeding machine. Do not sow under windy conditions. Distribute seed evenly. Do not lap seed into shrub and groundcover beds. Rake seed lightly into top 1/8 inch of soil, roll lightly, apply mulch and water with fine spray. Watering of ali planted material is the responsibility of the Permittee. Seedbed shall be kept moist for 2 3 weeks to allow for germination. In the performance of this work Permittee shall be responsible to keep sidewalks, roads, and other paving clean of debris, mud and dust at all times. (b) The seed mix used shall be selected based on the specific use of the area being restored. If the use cannot be determined, the Applicant shall consult the City's Landscape Coordinator. (i) High Quality/High Visibility Area - A "Blue Tag" certified seed blend consisting of 3-4 varieties of turf-type tall fescue cultivars that are currently on Virginia Tech's Right of Way Excavation and Restoration Standards 24 September 20, 2004 ROANOKE annual "Turfgrass Variety Recommendations" listing as approved by the Virginia Crop Improvement Association (VCIA) such as Wolff?ack, Tarheel, Tomahawk, Apache, etc. (ii) Standard Quality/Standard Visibility Area - A "Blue Tag" certified seed of the tall fescue cultivar "Southeast". (iii) Low Maintenance Right of Way and Slope Areas - A "Blue Tag" certified seed hard rescue that is glyphosate (Round-Up) tolerant. (c) When Excavation conflicts with a tree or its root system, Permittee shall be responsible for coordinating work with the City's Urban Forester. 6.0 VIOLATIONS. The City Engineer has the authority to enforce the regulations and standards specified in the Right of Way Excavation & Restoration Standards to prevent violations thereof. Upon the City Engineer's determination that a Person or Permittee has violated any provision of these Standards, the standard details and specifications, or notices of the Division; any term, condition, or limitation of any permit; or is subject to any outstanding fees, deposits, or other charges, the City Engineer shall serve notice on such Person or Permittee to promptly abate the violation. Any Person or Permittee whom the City Engineer determines to be responsible for violating the provisions contained in these Standards may be subject to any or all of the enforcement mechanisms as hereinafter specified. 6.1 STOP WORK ORDER, PERMIT MODIFICATION, AND PERMIT REVOCATION. (a) When the City Engineer has determined that a Person or Permittee has violated the provisions of these Standards or that an Excavation poses a hazardous situation or constitutes a public nuisance, public emergency, or other threat to the public health, safety, or welfare, the City Engineer is authorized to issue a Stop Work Order, to impose new conditions upon a permit, or to suspend or revoke a permit by notifying the Person or Permittee of such action in a written, electronic, or facsimile communication. The City Engineer's determination as to any of the above actions shall be final, unless such Permittee or subcontractor objects in writing to such action within five (5) calendar days (b) Right of Way Excavation and Restoration Standards 25 September 2(I, 2004 ROANOKE after receipt of notice of such action. After receipt of such notice of objection, the Director of Public Works will meet with or receive evidence from such objecting Permittee or subcontractor and make a final decision as to the action taken by the City Engineer. In addition, the Permittee or subcontractor may be subject to those enforcement actions set forth in these Standards, including Sections 6.3, 6.4, and 7.0, the City Code, or by law. 6.2 SUBSURFACE, CURBING, SIDEWALK, OR PAVEMENT FAILURES WARRANTY. In the event that subsurface material, curbing, sidewalk, or pavement over or immediately adjacent to any Excavation should become depressed, broken, or fail in any way within one (1) year after the Excavation has been completed and designated as such by the City, and that is attributable to the Excavation or performing the Excavation, the Permittee and the Permittee's subcontractor who did such work in the Right of Way shall make the necessary repairs as directed by the Division. The City Engineer shall notify the Permittee or subcontractor of the condition, location, and the required remedy, and such Permittee or subcontractor shall repair or restore, or cause to be repaired or restored, such condition to the satisfaction of the City Engineer within thirty (30) calendar days of the notification. Ifa failure poses a hazardous situation, the Permittee or subcontractor shall restore such condition within seventy-two (72) hours of the notification. The City Engineer may extend the time for such party to repair or to restore the affected Public Right of Way. All warranty repairs shall comply with Section 5.0 of these Standards. All repairs to areas damaged as a result of performing the work covered under the permit shall be covered by the warranty. All such repair or restoration work shall be subject to an additional warranty period of one (1) year from the date of completion of such work. Failure of any such work will be repaired or restored as set forth above or as otherwise provided in these Standards. 6.3 (a) REPAIR BY THE DIVISION. In the event that any Permittee or subcontractor fails, neglects, or refuses to repair or restore any condition pursuant to the City Engineer's notice as set forth in Section 6.2 of these Standards, the City Engineer may repair or restore, or cause to be repaired or restored, such condition in such manner as the City Engineer deems expedient and appropriate. The Permittee and/or subcontractor shall compensate the Division for any Right of Way Excavation and Restoration Standards 26 September 20, 2004 ROANOKE costs associated with administration, construction, consultants, equipment, inspection, notification, remediation, repair, restoration, or any other actual costs incurred by the City that were made necessary by reason of the repair or restoration undertaken by the Division. The City Engineer's determination as to the cost of the repair or restoration performed shall be final, unless such Permittee or subcontractor objects in writing to such cost within 10 calendar days after receipt of notice of the cost. After receipt of such notice of objection, the Director of Public Works will meet with or receive evidence from such objecting Permittee or subcontractor and make a final decision as to the cost for such work. In addition, the Permittee or subcontractor may be subject to those enforcement actions set forth in these Standards, including Sections 6.4 and 7.0, the City Code, or by law. (b) Subject to the limitations set forth in Sections 6.2 and 7.0 of these Standards, repair or restoration by the Division in accordance with this Section shall not relieve the Person(s), Permittee(s) or subcontractor doing the work from liability for future pavement or other failures at the site of the repair or restoration. 6.4 PENALTIES AND FEES. (a) (b) Violations of these Standards constitute a violation of Sections 30-48 and 30-49 of the Code of the City of Roanoke (1979), as amended. Pursuant to Section 30-1 of the City Code, such violation would be a Class 3 misdemeanor. Each day on which a violation occurs or continues shall be deemed a separate and distinct violation. Any Person or Permittee who fails to comply with these Standards will not be allowed to work or to continue to work in the Right of Way and will be subject to such requirements as may be imposed by the Division to ensure compliance with these Standards. Such requirements may include, but are not limited to, suspension of other permits held by the Person or Permittee, Stop Work Orders, payment by the Person or Permittee of any costs incurred by the City to correct such failure to comply with these Standards, and denial of Right of Way Excavation and Restoration Standards 27 September 20, 2004 ROANOKE (c) (d) permit requests until violations are corrected and the Person or Permittee can establish that they will properly comply with these Standards for ail permits they might request. Permit(s) reinstatement and/or issuance will be done once any violations of these Standards have ended and been corrected and once any requirements imposed by the Division have been completed. If work is started in the Right of Way without a permit, the fee for obtaining a permit for such work will be an increased fee as set forth in the City's Fee Compendium. 7.0 (a) (b) (c) EMERGENCY REMEDIATION BY THE DIVISION. If, in the judgment of the City Engineer, the site of an excavation is considered hazardous or if it constitutes a public nuisance, public emergency, or other imminent throat to the public health, safety, or welfare that requires immediate action, the City Engineer shall order the condition remedied by a written, electronic, or facsimile communication to the Permittee or subcontractor responsible for doing the work. If the Person, Permittee or subcontractor doing the work is inaccessible or fails, neglects, or refuses to take immediate action to remedy the condition as specified in such communication, the City Engineer may remedy the condition or cause the condition to be remedied in such manner as the City Engineer deems expedient and appropriate. The Person, Permittee and/or subcontractor doing the work shall compensate the Division for any costs associated with administration, construction, consultants, equipment, inspection, notification, remediation, repair, restoration, or any other actual costs incurred by the Division or other agencies, boards, commissions, or Divisions of the City that were made necessary by reason of the emergency remediation undertaken by the Division. The procedures set forth in Section 6.3 of these Standards shall apply for assessment and payment of costs to this Section. Subject to the provisions set forth in Section 6.2 of these Standards, remediation by the Division in accordance with this Section shall not relieve the Person, Permittee, and/or Right of Way Excavation and Restoration Standards 28 September 20, 2004 ROANOKE subcontractor doing the work from liability for future pavement or other failures at the site of the remediation, repair, or restoration. 8.0 (a) (b) (c) (d) ENVIRONMENTAL ISSUES The Person or Permittee is responsible for pursuing and obtaining any and all environmental permits which may be required to pursue the proposed activity prior to any work beginning within the Right of Way. In the event the Person or Permittee encounters hazardous materials, hazardous wastes, or underground storage tanks within the Right of Way in the pursuit of its activities, the Person or Permittee is responsible for ceasing all work within the site, except such activities as may be required by law to secure the site, and notifying the City Engineer, the City's Office of Environmental and Emergency Management, and other responsible groups, i.e. local fire department, Virginia Department of Environmental Quality, etc. If no release, as defined by the United States Environmental Protection Agency (EPA), has occurred, the Person or Permittee will be advised if it may continue with its activities or if such activities must be terminated. If the Person or Permittee is advised it may continue with its activities, such Person or Permittee may elect to proceed with its activities or terminate its activities. If an election is made to proceed, the Person or Permittee is responsible for coordinating and completing all remedial/removal activities required in order to properly complete such activities within the Right of Way. If an election is made to terminate its activities, the Person or Permittee will be responsible for securing the site, cooperating with the City to turn the site over to the City and/or responsible party who may proceed with appropriate remedial and/or removal activities, and for pavement restoration, or its costs, as such pavement restoration may be directed by the City. If a release, as defined by the EPA, has occurred, the Person or Permittee is responsible for any such release arising out of such Person's or Permittee's activities or actions in the Right of Way and for any required remedial/removal activities that may be required as a result of such release. Right of Way Excavation and Restoration Standards 29 September 20, 2004 ROANOKE (e) In the event the Person or Permittee encounters cultural, archaeological, or paleontological artifacts, graves, and/or ram minerals, within the Right of Way in the pursuit of its activities, the Person or Permittee shall act immediately to suspend work at the site of the discovery and notify the Division. The Person or Permittee is responsible for notifying the proper state authority, if any, charged with the responsibility for investigating and evaluating such finds. Prior to continuing with the proposed activities within the Right of Way, the Person or Permittee will meet ail necessary requirements for resolving any conflicts and shall provide evidence of such compliance to the Division. END OF STANDARDS Right of Way Excavation and Restoration Standards 30 September 20, 2004 ATTACIIM~NT 1 UTILITY TRENCH REPAIR DETAILS IN PAVEMENT ] NE) Ih_ % /, ~-~ //-IASPHALT SURFACE LAYER, MIN. 2~r] //-NOTE 1 7, 8 I ' 1' '~ - 1' BITUMINOUS z~ ~ ~ . "~ 4' BASE BASE / / / / NOTE 5 / / ~ NOTE 5 / , ~/ ~ ,. ' .' .. ~. NOTE 5-- ~ ' .." ? ~ NOTE 2 ~ ' " ,, ,, MIN. 1/I0 D . ~ . ~' .4 t - D - . 4" J NOTES: - D + 24" M N. MIN. 1. ALL PAVEMENTS SHALL BE SAW CUT WITH NEAT, UNIFORM LINES PRIOR TO EXCAVATION. 2, PIPE BEDDING MATERIAL SHALL BE CRUSHER RUN (VDOT NO. 25 OR 26) OR OPEN GRADED AGGREGATE (VDOT NO. 57, 68, 7, OR 8). ALTERNATE MATERIAL MUST BE APPROVED BY THE CITY ENGINEER. 5. MAXIMUM DEPTH OF PIPE BEDDING MATERIAL IF USING OPEN GRADED AGGREGATE FOR BEDDING. 4. OPTIONAL CONCRETE ENCASEMENT FOR POWER OR COMMUNICATION CONDUIT, PROVIDE A MINIMUM OF 4" CONCRETE COVER FROM ALL SIDES OF CONDUIT. 5. BACKFILL MATERIAL SHALL BE VDOT NO. 21A AGGREGATE, PLACED IN LOOSE LIFTS NOT EXCEEDING 6", AND COMPACTED TO AT LEAST 95% MAXIMUM DRY DENSITY WITHIN 2 PERCENTAGE POINTS OF OPTIMUM MOISTURE (VTM-1) WITH THE USE OF MECHANICAL TAMPERS OR VIBRATORY ROLLERS. WATER COMPACTION IS NOT PERMITTED, TYPE I SELECT MATERIAL MAY BE USED AS BACKFILL UPON PRIOR APPROVAL BY THE CITY ENGINEER. MATERIAL CLASSIFICATION SHALL BE PERFORMED ON TNE ACTUAL SOIL TO VERIFY THAT SOIL MEETS VDOT SPECIFICATIONS FOR TYPE I SELECT MATERIAL BY a QUALIFIED TESTING LABORATORY AND TEST RESULTS SHALL BE CERTIFIED BY A VIRGINIA REGISTERED PROFESSIONAL ENGINEER. DENSITY REQUIREMENS ARE THE SAME AS ABOVE, HOWEVER. MOISTURE CONTENT FOR SOILS MAY WITH WITHIN 20% OF OPTIMUM. ALL TESTING SHALL BE PERFORMED AND CERTIFIED BY A GEOTECHNICAL ENGINEER OR A "/DOT-CERTIFIED TECHNICIAN. RESULTS SHALL BE PROVIDED TO THE INSPECTOR WITHIN 24 HOURS OF TESTING COMPLETION. THE COST OF ALL TESTING IS THE RESPONSIBILITY OF THE PERMITTEE. FIELD DENSITY TESTING METHODS SHALL BE APPROVED BY THE CITY ENGINEER PRIOR TO PERFORMING ANY TESTING. 8.ALL PAVEMENTS SHALL BE RESTORED TO MATCH DEPTHS OF EXISTING SURFACE, BASE, AND AGGREGATE LAYERS. THE ASPHALT SURFACE LAYER SHALL BE A MINIMUM OF 2" THICK AND EXTEND OVER UNDISTURBED BASE A MINIMUM OF 12" ON ALL SIDES. ALL PAVEMENT MATERIALS SHALL MEET VDOT REQUIREMENTS FOR SURFACE MIX (SM-9.SAL, SM-9.SA, OR SM-12.5D), BASE MIX (BM-25), AND STONE AGGREGATE (21A OR 21B). PLANT CERTIFICATION FOR EACH MiX INCORPORATED INTO THE WORK SHALL BE PROVIDED TO THE INSPECTOR, WHEN MATCHING NON-STANDARD MATERIALS, THE INSPECTOR SHALL DETERMINE AN ACCEPTABLE MATERIAL, 7. THE REPAIR SHALL BE RECTANGULAR AND SAW CUT IN STRAIGHT, UNIFORM LINES THAT ARE ALIGNED WITH THE STREET CENTERLINE. WHEN EDGES OF PAVEMENT HAVE BEEN UNDERMINED, PAVEMENT SHALL BE REMOVED TO A NEAT LINE I2" BEYOND THE UNDERMINED AREA. THE FINISHED PATCH SURFACE SHALL BE WITHIN 1/4 INCH AT ANY POINT ACROSS THE PATCH AS iT RELATES TO THE SURROUNDING STREET SURFACE. 8. A FULL COVERAGE TACK COAT IS REQUIRED ON ALL SURFACES THAT WILL CONTACT THE NEW SURFACE LAYER. OFFICE OF THE CITY ENGINEER - ROANOKE, VIRGINIA APPROVED UTILITY TRENCH REPAIR tN PAVEMENT DATE:. USINO VDOT NO. 21A AGGREGATE UTR-1 NOTE 1, 7, ASPHALT SURFACE LAYER1 ///- MIN. 2" //--NOTE 1, 7, 8 NOTE 3 ----,.- ' ..... NOTE 2~ - .- .. ~ MIN. 1/10 D J ':''"' ':' i']t ". '" NOTES: - D + 24-" MIN. , ' BITUMINOUS BASE NOTE 5 NOTE 4 MIN. J NOTE 6 I. ALL PAVEMENTS SHALL BE SAW CUT WITH NEAT, UNIFORM LINES PRIOR TO EXCAVATION. 2. PIPE BEDDING MATERIAL SHALL BE CRUSHER RUN (VDOT NO. 2.5 OR 26) OR OPEN GRADED AGGREGATE (VDOT NO. 57, 68, 7, OR 8). ALTERNATE MATERIAL MUST BE APPROVED BY THE CITY ENGINEER. 5. MAXIMUM DEPTH OF PIPE BEDDING MATERIAL IF USING OPEN GRADED AGGREGATE FOR BEDDING. 4, OPTIONAL CONCRETE ENCASEMENT FOR POWER OR COMMUNICATION CONDUIT. PROVIDE A MINIMUM OF 4" CONCRETE COVER FROM ALL SIDES OF CONDUIT, 5. BACKFILL MATERIAL SHALL BE FLOWABLE FILL MEETING THE REQUIREMENTS OF VDOT SPECIAL PROVISION FOR FLOWABLE BACKFILL, THE MATERIAL MUST BE PLANT-CERTIFIED TO PROVIDE A 28-DAY COMPRESSIVE STRENGTH BETWEEN 50 AND 200 PSI, A CERTIFICATE OF MIX DESIGN MUST BE SUBMITTED TO THE INSPECTOR PRIOR TO PLACING THE MATERIAL IN THE TRENCH. A MINIMUM OF FOUR 6x12 TEST CYLINDERS SHALL BE TAKEN EVERY 50 CY OF PLACEMENT. CYUNDERS SHALL BE TESTED BY A QUALIFIED TESTING LABORATORY FOR 2B-DAY STRENGTH. RESULTS SHALL BE PROVIDED TO THE INSPECTOR WITHIN 24 HOURS OF TESTING COMPLETION. THE COST OF ALL TESTING IS THE RESPONSIBILITY OF THE PERMITTEE. IF THE REPORT INDICATES THE COMPRESSIVE STRENGTHS ARE NOT BETWEEN 30 AND 200 PSi, THE PERMITTEE W1LL BE RESPONSIBLE FOR REMOVING AND REPLACING THE BACKFILL WITH ACCEPTABLE BACKFILL AND COMPLETING THE RESTORATION OF THE STREET AT NO COST TO THE CITY, 6. ALL PAVEMENTS SHALL BE RESTORED TO MATCH DEPTHS OF EXISTING SURFACE, BASE, AND AGGREGATE LAYERS. THE ASPHALT SURFACE LAYER SHALL BE A MINIMUM OF 2" THICK AND EXTEND OVER UNDISTURBED BASE A MINIMUM OF 12" ON ALL SIDES. ALL PAVEMENT MATERIALS SHALL MEET VDOT REQUIREMENTS FOR SURFACE MIX {SM-9.SAL, SM-9.SA, OR SM-12.SD), BASE MIX (BM-25), AND STONE AGGREGATE (21A OR 21B). PLANT CERTIFICATION FOR EACH MIX INCORPORATED INTO THE WORK SHALL BE PROVIDED TO THE INSPECTOR. WHEN MATCHING NON-STANDARD MATERIALS, THE INSPECTOR SHALL DETERMINE AN ACCEPTABLE MATERIAL. 7. THE REPAIR SHALL BE RECTANGULAR AND SAW CUT IN STRAIGHT, UNIFORM LINES THAT ARE ALIGNED WiTH THE STREET CENTERUNE. WHEN EDGES OF PAVEMENT HAVE BEEN UNDERMINED, PAVEMENT SHALL BE REMOVED TO A NEAT LINE 12" BEYOND THE UNDERMINED AREA. THE FINISHED PATCH SURFACE SHALL BE WITHIN 1/4 INCH AT ANY POINT ACROSS THE PATCH AS IT RELATES TO THE SURROUNDING STREET SURFACE. 8. A FULL COVERAGE TACK COAT ~S REQUIRED ON ALL SURFACES THAT WILL CONTACT THE NEW SURFACE LAYER. OFFICE OF THE CITY ENGINEER - ROANOKE, VIRGINIA APPROVED DATE: UTILITY TRENCH REPAIR IN PAVEMENT USING CONTROLLED DENSITY FILL UTR-2 ATTACHMENT 2 RIGHT-OF-WAY EXCAVATION PERMIT APPLICATION STREET OPENING (RIGHT-OF-WAY EXCAVATION) PERMIT APPLICATION (submit 2 copies of application and site plan) Application Date: Worksite Address: Perreittee Name: Permittee Address: Requested Duration:__ ROANOKE calendar days Quad: TM#: Utility Owner Name: Issue Date: Issued for calendar days inspection Fee: $. Bond Amount: $. OFFICE USE ONLY (Street) (City) (State) (Zip) Construction Contact Person: Fax~ Phone # Descriotion of Work for Street Improvements: If part of a Site Plan, Plan No.: [ ] install new [ ] replace [ ] relocate [ ] repair Standard Entrance: Residential [ ], Commercial [ ], WMth: (ft.) Radius: Non-Curb Entrance: Residential [ ], Commercial [ ], Width: (ff.) [ ] Culvert Required Size: "(attach calculations sealed by a Professional Engineer) [ ] Swale Required across surface of driveway to provide positive drainage Special Requirements: Pested Speed Limit MPH Speed limit notpested [ ] Site Distance (OFFICE USE ONLY): L:__ft Curb: no gutter (VDOT CG-2) [ ], with gutter (VDOT CG-6) [ ], match e~-ting non-standard [ ], length: (ff.) Standard Sidewalk: Length: (ff.), V~Jth: __(ff.) Other: __(ft.) Over sidewalk? Yes[ ] No[ ] Over sidewalk? Yes[ ] No[ ] Descrietion of work for Gas. Sewer. Water~ or Storm Drain: [ ] install new [ ] renew [ ] repair [ ] retire [ ] relocate [ ] main [ ] sewice lateral [ ] valve [ ] cathodic protection Description of work for installation of Electric or Communications fac!!iti~_- Conduit: (ft.) Conduit size: (in.)Number of conduits: __ Coaxial Cable: (fl.) Fiber Optic Cable: (tt.) Electric Cable/Conductor: (ft.) Communications Cable: Cover: (inches) (24 inches min.) Number of poles: New: Renewed: Removed: Number of guy wiresJanchom: New: Renewed: Facilities At-Grade or Above. rede: [ ] in pavement [ ] in sidewalk [ ] in grass No. of manholes: No. of metem: Other: No. of valves: Pole Numbers: Removed: __ No. of flush mounted boxes: (ff.) Method of Construction: [ ] Open Cut [ ] Direct Buried [ ] Horizontal Directional Drilling (HDD) [ ] Other: Limits of Initial Repair- please list cut size in feet for each pavement t~_-~: Asphalt Pavement: (i) x (w) across lanes Sidewalk: (i) x (w) Grass: (I) x (w) Curb: (ft.) No. of Concrete Entrances: Other: Limits of Final Pavement Restoration - refer to Pavinq Pro¢lram Candidate [ ] Pavement Markings [ ] No Pavement Markings [ ] Street on Paving Program Candidate List: Final Restoration not required Esamated Limits of mill and overlay: (I) x ___(w) Adjust manhole dms Final Limits subject to adjustment by right-of-way inspector. Estimated Cost of Work: $ (attach estimate worksheet) PAGE 1 OF 2 STREET OPENING (RIGHT-OF-WAY EXCAVATION) PERMIT APPLICATION - PAGE 2 OF 2 Application Date: Permit #: Additional Description of Work: A Permit Application will not be reviewed unless accompanied by a scaled site plan of proposed work. Site plan shall show all requested work on the application including city right of way line, edge of pavement, curb & gutter, sidewalk, driveways, closest cross street, city trees and north arrow. F__,~L~ ng utility lines and reference them to the edge of pavement All work shall be done in accordance with this application or as amended by this office. Detailed traffic control plan must be provided, if required. Please submit application and site plan in duplicate (2 copies). Allow ten (10) business days for review. LIABILITY OF PERMITrEE: Each Permittee is wholly responsible for the quality of the Excavation performed in the Public Right of Way and is solely liable for all consequences of any such Excavation and any Facilifiesinstalled in the Public Right of Way. Permittee agrees and binds itself to indemnify, keep and hold the City, ils officers, agents, and employees (hereafter collectively referred to in this paragraph as City) free and harmless from any and all claims, causes of action, damages or any liability, including reasonable attorney's fees and costs, on account of any injury or damage of anytype to any pemons or property (including City pmparty) growing out of, or directly or indirectly resulting from, any act or omission of Permittee, including but not limited to: (a) Permiitee's use of the public ways or other areas of the City; (b) the acquisition, construction, reconstruction, erection, installation, operation, maintenance, repair or extension of Permittee's facilities within the Public Right of Way; (c) the failure, refusal or neglect of Permittee to perform any duty imposed upon or assumed by Permittee by or under its permit. The issuance of any permit, inspection, repair, or suggesUon, approval or acquiescence of any person affiliated with the Division shall not excuse the Permittee from such responsibility or liability. The applicant further agrees to accept full responsibility to provide work zone safetyin accordance wilh the current edrdon of the Manual for Uniform Traffic Control Devices and the Virginia Work Area Protection Manual. WARRANTY: In the event that subsurface material, curbing, sidewalk, or pavement over or immediately adjacant to any excava'don should become depressed, broken, or fail in any way within one (1) year after the excavation has been completed and designated as such by the City, the Permittee and the Permittee's subcontractor who did such work in the Right of Way shall make the necessary repairs as directed by the Division. The City Engineer shall notify the Permittee or subcontractor of the condition, location, and the required remedy, and such Permittee or subcontractor shall repair or restore, or cause to be repaired or restored, such condYdon to the satisfaction of the City Engineer within thirty (30) calendar days of the notification. If a failure poses a hazardous situation, the Permittee or subcontractor shall restore such condition within seventy-two (72) houm ofthe notification. The City Engineer may extend the time for such party to repair or to restore the affected Public Right of Way. All warranty repairs shall comply with Section 5.0 of the City of Roanoke Right of Way Excavation and Restoration Standan:ls (Standards). All repairs to areas damaged as a result of performing the work covered under the permit shall be covered by the warranty. All such repair or restoration work shall be subject to an additional warranty period of one (1) year from the date of completion of such work. Failure of any such work will be repaired or restored as set forth above or as othenvise provided in the Standards. I certify that the above information is accurate, that proper permission from the utility owner has been obtained to perform theva3rk, that all work will be done in accordance with the current edition of the City of Roanoke Right of Way Excavation and Restoration Standards, and that the owner and the undersigned, if different, ague to the terms of such Standards. Date Permittee or Authorized Agent (odginsi signature required for approval) Approved PAGE 2 OF 2 Date ATTACHMENT 3 PERMIT BOND FORM EXCAVATION PERMIT BOND KNOW ALL MEN BY THESE PRESENTS: That complete legal name and address of entity requesting Permit (hereinafter called Principal), and complete legal name and address of Surety a corporation organized and existing under the laws of (state), with its home office in , as Surety (hereinafter called Surety), are held and firmly bound unto the City of Roanoke, Virginia, a municipal corporation, c/o the City Manager, 364 Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011, as Obligee (hereinafter called Obligee or City) , in the full amount of Dollars ($ ) for the payment of which sum well and truly to be made, we, the said Principal and Surety hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents to the terms of this Bond. WHEREAS, Principal will or has obtained an Excavation Permit through the City of Roanoke's Engineering Division that will allow the Principal to make an excavation(s) and perform work within the City's Public Right of Way as provided for in such Permit and in accordance with the City of Roanoke Right of Way Excavation and Restoration Standards (Standards). All the terms and conditions of such Permit(s) and Standards are hereby incorporated herein by reference and made a part hereof as of fully set forth herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal shall well and truly perform and fully carry out the work authorized by such Excavation Permit, including, but not limited to repair and/or restoration of street surfaces, sidewalks, and other City property, such in strict conformity with such Permit and Standards and the Principal shall defend all suits and hold Obligee harmless against any and all claims or damages of any type as required by such Permits and Standards, then this obligation shall be void; otherwise, this Excavation Permit Bond shall remain in full force and effect, and the Surety will comply with such Permit, and is subject to the following conditions: Any alteration which may be made to the terms of such Permit and Standards including, without limitation, any waiver by the Obligee of any particular breach or term of such Permit and/or Standards or any extension of time of performance of any term or condition of such Permit and/or Standards or any other forbearance of any nature whatsoever on the part of either the Obligee or the Principal to the other shall not in any way release the Principal and the Surety, or either of them, their heirs, executors, administrators, successors, or assigns from their liability hereunder, and notice of such alteration, extension, or forbearance is hereby expressly waived by the Surety. ~t:\USER\COMMONklason T~Street Cut Poticy\Restoration Standard\bond-form-042604.cloc 1 The Surety hereby agrees to and hereby submits itself to a court of competent jurisdiction in the City of Roanoke, Virginia, and further agrees that this Bond is controlled by the laws of the Commonwealth of Virginia and that all claims, disputes and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia and not elsewhere. The Surety agrees that it will not change, alter, or cancel this Excavation Permit Bond for a period of one year from the date of such Bond. SIGNED and SEALED this day of ,20 WITNESS: complete legal name of Principal By Signature Typed name of witness Printed name of person and title (Seal of Principal) WITNESS: Signature Typed name of witness Complete Typed Legal Name of Surety By Attorney-in-Fact Printed name of person (Seal of Surety) Approved as to Form Approved by Public Works Department City Attorney Director or Public Works (NOTE: Attorneys-in-fact affix seal and attach original or certified copy of current power of attorney) H:\USER\COMMONklason 'l~Street Cut Policy\Re.storation Standard\bond-form~042604.doc 2 ATTACHMENT 4 WORK LOCATION SHEET WESTERN VIRGINIA WATER AUTHORITy UTILITY ADMINISTRATION September 15, 2003 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: Standards for Right-of-Way Excavation and Restoration Dear Mayor Harris and Members of City Council: The Western Virginia Water Authority recognizes and supports the need for better pavement management. We would like to commend City staff, especially Chip Snead, for their willingness to listen to our concerns, modify the proposed regulations and still accomplish the goal of better "ride-ability" for the citizens. The majority of the water and sewer infrastructure with the City of Roanoke is located under streets. It is not very often that Authority crews can complete new service requests, repair water mains, or unstop sewers without cutting asphalt. The Authority's goal through the development of these regulations has been to minimize cost increases to the citizens. City Public Works, Roanoke Gas, and the Western Virginia Water Company all serve the same people and ultimately it is the citizens who pay for these increased standards, not any one organization. As such, Authority staff has suggested joint restoration projects between gas and water, joint bidding of paving work with the City to maximize purchasing power, increased use of "trenchless" technology and advanced decision making on pavement replacement further out into the future so that utilities can restore infrastructure before a street is resurfaced. Additionally, there are several items in the standards, such as permitting and warranties, which, we believe, will need modification once the program is implemented and field crews get a better feel for what is most efficient. We ask the City Council support ongoing dialogue between City and Authority staffs to make the program a success. .~ ecffut~ Water Operations Michael T. McEvoy Executive Director Wastewater Services Crystal Spring Filtration Plant .2012 S, Jefferson Street · Roanoke VA 24014 540-853-1449 · 540-863-1600 (fax) · www.westernvawater.org Page 2 CC: Western Virginia Water Authority Board of Directors t/Mary F. Parker, City Clerk Darlene L. Burcham, City Manager George C. Snead, Jr., Assistant City Manager / Operations 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 September 23, 2004 File #192 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36856-092004 renaming the Roanoke Civic Center Auditorium as the Roanoke Performing Arts Theatre. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 20, 2004, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Darlene L. Burcham September 23, 2004 Page 2 pc: Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget Wilhemina Y. Boyd, Director, Civic Facilities IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of September, 200/4. No. 36856-092004. A RESOLUTION renaming the Roanoke Civic Center Auditorium as the Roanoke Performing Arts Theatre. WHEREAS, the Civic Center opened in 1971 as a multi-function venue that included the Coliseum, Exhibit Hall, Parlors and Auditorium; however, the quality and types of events have changed the image of public assembly facilities, and the Civic Center Commission has consequently approved the proposed renaming of the Auditorium. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Roanoke Civic Center Auditorium is hereby renamed the Roanoke Performing Arts Theatre. ATTEST: H:W. ESO LUT ION S~R-P. cn ameCivicCtrAuditorium092304.doc CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com September 20, 2004 Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Vice Mayor Honorable Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brian J. Wishneff, Council Member Honorable Brenda L. McDaniel, Council Member Dear Mayor Harris and Members of City Council: Subject: Civic Facilities Name Changes Background: The Roanoke Civic Center opened in 1971 as a multi-function venue that included the Coliseum, Exhibit Hall, Parlors, and Auditorium. At the time that the facility was built, many cities used the terms Parlor and Auditorium to describe areas in public assembly facilities. Today, the quality and types of events held at civic facilities have changed the image of public assembly facilities. Most facilities no longer refer to parlors, but call these spaces suites or meeting rooms. Also, many public assembly facilities have changed venue identification from Auditorium to more specific terms that better describe the use of the facility, such as theatre, performing arts center, cultural center, etc. In August, the Civic Center Commission was informed of the proposed name changes of the Auditorium and Parlors. They were in agreement that the name of the meeting spaces should be changed from Parlors to Meeting Rooms ], 2, 3, 4, and 5. Consideration was given to actually naming the rooms, but the consensus was to keep the room identification simple. The Commission also agreed that Roanoke Performing Arts Theatre was a better name for the Auditorium since we host the Roanoke Honorable Mayor and Members of Council September 20, 2004 Page 2 Symphony Orchestra, concerts, Broadway musicals, plays, ballets, and other cultural event. In order to implement the name changes, City Council approval is required. Considerations: Members of the City Council are asked to consider the name change of the Parlors and Auditorium to Meeting Rooms and Roanoke Performing Arts Theatre, respectively. The name changes would be unveiled on October 5 at the first Broadway show of the season. The announcement of the new name would also be an opportune time to also showcase the renovations that have been made, including refinished stage, new dimming lighting system, all new seats with a center and cross aisle, and aisle carpeting. Recommended Action: City Council adopt the attached resolution changing the name of the Parlors to Meeting Rooms 1-5 and of the Auditorium to Roanoke Performing Arts Theatre. The name change would be revealed at the first Broadway show of the 2004-2005 season. DLB: wyb Respectfully submitted, Darlene L. Burcham City Manager C: Mary F. Parker, City Clerk Jesse A. Hall, Director of Finance William M. Hackworth, City Attorney Wilhemina Y. Boyd, Director of Civic Facilities #CM04-00] 64 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk September 23, 2004 File #102 Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36857-092004 designating and renaming the First Street Bridge as the Dr. Martin Luther King, Jr., Memorial Bridge. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 20, 2004, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment pc: Jeff Artis, Chair, Southern Christian Leadership Conference, 1450 Lafayette Boulevard, N. W., Roanoke, Virginia 24017 Jesse A. Hall, Director of Finance Rolanda B. Russell, Assistant City Manager for Community Development R. Brian Townsend, Director, Planning Building and Development Philip C. Schirmer, City Engineer IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of September, 2004. No. 36857-092004. A RESOLUTION designating and renaming the First Street Bridge as the Dr. Martin Luther King, Jr., Memorial Bridge. WHEREAS, the Council of the City of Roanoke desires to rename the First Street Bridge as the Dr. Martin Luther King, Jr., Memorial Bridge, in order that the bridge can serve as a history walk to highlight the life of Dr. King and his role in the Civil Rights movement, can serve as a teaching tool for the community in general, and it can serve as a symbol to bridge the community. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That certain bridge known as First Street Bridge is hereby designated and renamed the Dr. Martin Luther King, Jr., Memorial Bridge, contingent upon receiving the required approval from the Martin Luther King, Jr., Center for Nonviolent Social Change, for such use of Dr. King's name. 2. Once the Martin Luther King, Jr., Center for Nonviolent Social Change approves the name change, the City Engineer is directed to cause the above bridge name to be noted appropriately on all maps and plats lodged in his care and the City Manager is hereby authorized to cause the placement of appropriate name signs on the bridge. 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 City Web: www.roanokegov.com September 20, 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: First Street Bridge (Dr. Martin Luther King, Jr., Memorial Bridge) Background: On February 3, 2003, Council Member Alfred Dowe suggested that the City of Roanoke propose that the First Street Bridge be named the Dr. Martin Luther King, Jr., Memorial Bridge. Council discussed this issue as the bridge could serve as a history walk to highlight the life of Dr. King and his role in the Civil Rights movement, it could serve as a teaching tool for the community in general, and it could serve as a symbol to bridge the community. It was also noted that this proposal meets the criteria of the Dr. Martin Luther King, Jr., Committee that was previously appointed by the City Manager to submit recommendations. On March 3, 2003, Council Member Carder made a motion and Council Member Cutler seconded it, that the newly renovated First Street Bridge be named in memory of the late Dr. Martin Luther King, Jr., and that the City work with the Southern Christian Leadership Conference (SCLC) with regard to design elements. Citizens in the audience had an opportunity to address the motion and afterwards Council adopted the motion. Mayor Harris and Members of City Council September 20, 2004 Page 2 The attached resolution names the bridge after Dr. King, contingent upon receiving the required approval of the Martin Luther King, Jr., Center for Nonviolent Social Change, which has advised that it must consent to the use of Dr. King's name for such a purpose. Recommended Action: Adopt the attached resolution authorizing the City Manager or designee to contact the Dr. Martin Luther King, Jr., Center for Nonviolent Social Change for its consent to the naming of the First Street Bridge after Dr. King as well as proposed design elements. Respectfully submitted, City Manager DLB:RBR:jb C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance R. Brian Townsend, Director of Planning, Bu ding and Development Rolanda B. Russell, Assistant City Manager CM04-00167 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk September 23, 2004 File #24-144 Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 36858-092004 amending and reordaining certain sections of the Code of the City of Roanoke (1979), as amended, by specifying the time that roll-off containers may be removed and solid waste may be emptied from bulk containers. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 20, 2004, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment Darlene L. Burcham September 23, 2004 Page 2 pc: The Honorable Virgm~a The Honorable Virg~ma The Honorable Virg~ma The Honorable Virgima The Honorable Virgima The Honorable Virgima The Honorable The Honorable The Honorable Robert P. Doherty, Chief Judge, Tv~enty-Third Judicial Circuit of William D. Broadhurst, Judge, Twenty-Third Judicial Circuit of Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Charles N. Dorsey, Judge, Twenty-Third Judicial Circuit of Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of James R. Swanson, Judge, Twenty-Third Judicial Circuit of Julian H. Raney, Jr., Chief Judge, General District Court George W. Harris, Jr., Judge, General District Court Vincent A. Lilley, Judge, General District Court The Honorable Francis W. Burkart, III, Judge, General District Court The HonorableJacqueline F. Ward Talevi, Judge, General District Court The Honorable John B. Ferguson, Chief Judge,Juvenile and Domestic Relations District Court The Honorable Joseph M. Clarke, ~1, 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. AIbright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Kozuo Webb, Office of the Magistrate Lora A. Wilson, Law Librarian Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget Robert K. Bengtson, Director of Public Works Frank (Skip) Decker, III, Superintendent, Solid Waste Management IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of September, 2004. No. 36858-092004. AN ORDINANCE amending and reordaining § 14.1-1, Definitions, of Article I, In General, by adding the definition of roll-off container, and amending and reordaining Division 2, Private Collection of Bulk Containers, of Article II, Collection by an Authorized Person, by the addition of new section 14.1-46, Removal and emptying of bulk containers and roll-off containers, of Chapter 14.1, Solid Waste Management, Code of the City of Roanoke (1979), as amended, by specifying the time roll-off containers may be removed and solid waste may be emptied from bulk containers; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 14.1-1, Definitions, of Article I, In General, of Chapter 14.1, Solid Waste Management, of the Code of the City of Roanoke (1979), as amended, is hereby amended to read and provide as follows: Sec. 14.1-1. Definitions. The following words and phrases, as used in this chapter, shall have the following meanings: *** Roll-off container shall mean a container which is constructed so that it may be mechanically lifted onto a motor vehicle for transportation and disposal of the container's contents. 2. Division 2, Private Collection of Bulk Containers, of Article II, Collection by an Authorized Person, of Chapter 14.1, Solid Waste Management, of the Code of the City of Roanoke (1979) as amended, is amended, to read and provide as follows: 3~14.1-46. Removal and emptying of bulk containers and roll-off containers. No bulk container or roll-off container may be emptied or removed between the hours of midnight and 6:00 a.m. on any day. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com September 20, 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: Recommended addition to City Code Chapter 14.1 Solid Waste Management Servicing of Bulk Containers & Roll-off Containers Background: City Code Section 21-204 indicates that "At certain levels, noise can be detrimental to the health, welfare, safety and quality of life of inhabitants of the city, and in the public interest, noise should be restricted. It is therefore the policy of the city to reduce noise in the community and to prohibit unnecessary, excessive and annoying noises from all sources subject to its police power". The servicing of privately owned bulk containers (dumpsters), as well as the use of roll-off containers, throughout the City of Roanoke, needs to be done during hours of the day that would be less objectionable to the community. An amendment to the Solid Waste Ordinance (Section 14.1) of the City Code has been developed that would limit servicing all bulk containers and roll-offs to between the hours of 6:00 a.m. and 12:00 a.m. Honorable Mayor and Members of City Council September 20, 2004 Page 2 Recommended Action: City Council adopt the attached ordinance which will limit the time that these containers may be serviced, and place this amendment into effect immediately. Respectfully submitted, DLB/RKB 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 Frank (Skip) Decker III, Superintendent, Solid Waste Management CM04-00169 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk September 23, 2004 File #68-311-327 Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36859-092004 accepting the donation of a work of sculpture to be known as the Unity sculpture, upon certain terms and conditions, approving the location for the Unity sculpture in Elmwood Park and authorizing the City Manager's execution of an agreement with JDR ART, Inc., in connection with fabrication and installation of said sculpture. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 20, 2004, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment Darlene L. Burcham September 23, 2004 Page 2 pc: Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget Mr. Herb Detweiler, 943 Old Court Lane, S. W., Roanoke, Virginia 24015-45:].9 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGiNIA The 20th day of September, 2004. No. 36859-092004. A RESOLUTION accepting the donation of a work of sculpture to be known as the Unity sculpture, upon certain terms and conditions, approving the location for the Unity sculpture in Elmwood Park and authorizing the City Manager's execution of an agreement with JDR ART, Inc., in connection with fabrication and installation of the sculpture. WHEREAS, JDR ART, Inc., has offered to donate to the City a work of sculpture by artist Judith Damon to be called the "Unity" sculpture, and to install it on City property at no cost to the City; and City Council wishes to accept this donation, upon certain terms and conditions; and WHEREAS, the Site Selection Committee of the Arts Commission was charged with the task of finding a suitable location for the Unity sculpture and the Chair of the Arts Commission presented the proposed location to City Council at its meeting on May 3, 2004. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council hereby accepts the donation of the Unity sculpture, upon certain terms and conditions, approves the proposed location of the same, and the City Manager and the City Clerk are hereby authorized to execute and attest, respectively, an agreement with JDR Art, Inc., relating to the fabrication, installation, and any site preparation required for the Unity sculpture proposed to b~ located in Elmwood Park, all as more particularly described in the City Manager's letter to this Council dated September 20, 2004. 2. The form of the agreement shall be substantially as set forth in the attachment to the City Manager's letter, and shall be approved as to fon~ by the City Attorney. City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com September 20, 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: Unity Sculpture A recent meeting of representatives of the Art Commission and the artist of the Unity sculpture initiated by Mayor Harris produced agreement on the terms of the Unity sculpture's placement at Elmwood Park as recommended by the Commission. Recommendation: Authorize the City Manager to execute an agreement with JDR Art, Inc. in the form attached to this letter, for installation of the Unity sculpture in Elmwood Park, such agreement to be approved as to form by the City Attorney. Respectfully submitted, City Manager DLB:sm C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance CM04-00170 AGREEMENT THIS AGREEMENT, made this ~ "~ 7'~ay of~~2004, by and between JDR ART, Inc., a Virginia corporation (hereinafter, the "Artist"), and the City of Roanoke, a municipal corporation of the Commonwealth of Virginia (hereinafter, the "City), WITNESSETH: WHEREAS, the Artist has offered to donate to the City a work of sculpture by artist Judith Damon to be called the "Unity" sculpture (hereinafter, the "Sculpture") and to install it on City owned property; and WHEREAS, the City desires to accept the Sculpture on certain terms and conditions. NOW, THEREFORE, in consideration of the mutual promises and undertakings contained herein, the parties agree as follows: SECTION 1. UNITY SCULPTURE. (a) The Artist shall furnish all supplies and materials to construct, and shall construct and fabricate a work of free standing sculpture substantially similar to that depicted in Exhibit A attached hereto. The Sculpture shall not include a water element. It may include a plaque identifying major contributors for the Sculpture. (b) The Artist shall be responsible for fabricating and installing any base or supports needed for the Sculpture and plaque. (c) Any major changes in the Sculpture shall be subject to the approval of the City. SECTION 2. DONATION. (a) The Artist shall be responsible for raising all funds necessary for the operation and installation of the Sculpture. When completed, the Sculpture shall be donated to the City, and installed by the Artist at no expense to the City. H:~MMISC~A-Unity Sculptm* Agreement 2004.do¢ 1 (b) The donation to the City and installation of the completed Sculpture shall be made within one year of the date of this Agreement, at which time the agreement may be extended if so decided by City Council, but in no event shall the extension exceed twelve (12) months. SECTION 3. LOCATION. The City agrees to permit the Sculpture to be installed in Elmwood Park at the location shown in Exhibit B attached hereto (hereinafter, the "Site") if the Sculpture is completed and installed within one year of the date of this Agreement. SECTION 4. RISK OF LOSS AND INSURANCE. (a) Prior to the delivery of the Sculpture to the Site and while in transit, the Artist shall bear all risk of loss for damage to the Sculpture. (b) Upon passage of the title to the Sculpture to the City in accordance with Section 5 of this Agreement, all risk of loss for damage to the Sculpture shall be the responsibility of the City. Upon passage of the title of the Sculpture to the City, the City shall either procure insurance for or self-insure the Sculpture. SECTION 5. OWNERSHIP AND RELATED RIGHTS. (a) Title to the Sculpture shall remain with the Artist until delivery, installation, and acceptance of the Sculpture, at ~vhich time title shall pass directly to the City~ (b) The City shall have complete authority to reproduce the Sculpture in books, art magazLaes, exhibition catalogs, postcards or posters or other commemorative items, providing that any such reproduction be accompanied by the Artist's copyright notice. (c) The Artist shall have and retain full ownership of all preliminary drawings, sketches, models, maquettes and other incidental works created by it or at its direction in the performance of this Agreement. H:~flViISC'%A-LIn~ty Sculpture Agreement 2004.doc 2 (d) The Artist shall retain all rights under the Copyright Act of 1976. SECTION 6. ENTIRE AGREEMENT. This Agreement represents the entire understanding of the parties hereto and expressly supersedes any and all agreements and understandings with respect to the subject matter hereof and may be amended only by a writing signed by both of them. SECTION 7. NO ASSIGNMENT. No party to this Agreement shall assign its rights or obligations hereunder, either in whole or in part, except with the written consent of the other party. SECTION 8. NO WAIVER. No waiver by all parties to this Agreement of any breach of any obligation of the other party shall constitute a waiver of nay other prior or subsequent breach of any such obligation. SECTION 9. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the parties have executed this Agreement. ATTEST: CITY OF ROANOKE, VIRGINIA City Clerk WITNESS: Approved as to Form: Darlene L. Burcham, City Manager JDR ART. INC. /7 //~ Approved as to Execution: City Attorney City Attorney N:\CALCkAgmts\Unity Sculpture Agreement 2004.do¢ 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.roanoke.va.us September 24, 2004 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk File #15-110-207 Mr. Charles E. Hunter, III 2513 Robin Hood Road, S. E. Roanoke, Virginia 24014 Dear Mr. Hunter: I am enclosing copy of Resolution No. 36860-092004 reappointing you as a Director of the Industrial Development Authorityofthe City of Roanoke, for a four year term ending October 20, 2008. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 20, 2004. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were reappointed. Pursuant to Sections 2.2-3114 and 2.2-3115, Code of Virginia (1950), as amended, I am required to furnish members of the Industrial Development Authority with a Financial Disclosure Form. State Code provisions require that all disclosures must be filed and maintained as a matter of public record for a period of five years in the Office of the Clerk of the governing body. Please complete and return the enclosed form to the undersigned prior to assuming the duties of your office. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each appointee is required "to read and become familiar with provisions of the Act." Mr. Charles E. Hunter, III September 24, 2004 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue your service to the City of Roanoke as a Director of the Industrial Development Authority. Sincerely, Mary F. P~[~[, C City Clerk MFP:ew Enclosures pc: Dennis R. Cronk, Vice-Chair Industrial Development Authorityofthe City of Roanoke, 3310 Kingsbury Circle, S. W., Roanoke, Virginia 24014 Stephanie M. Moon, Deputy City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of September, 2004. No. 36860-092004. A RESOLUTION reappointing a Director of the Industrial Development Authority of the City of Roanoke, to fill a four (4) year term on the Board of Directors. WHEREAS, the Council is advised that the term of office of Charles E. Hunter, III, a Director of the Industrial Development Authority of the City of Roanoke, Virginia, will expire on October 20, 2004; WHEREAS, §15.2-4904, Code of Virginia (1950), as amended, provides that appointments made by the governing body of such Directors shall, after initial appointment, be made for terms of four (4) years, except appointments to fill vacancies which shall be for the unexpired terms; and THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Charles E. Hunter, III, is hereby reappointed as a Director on the Board of Directors of the Industrial Development Authority of the City of Roanoke, Virginia, for a term of four (4) years commencing on October 21, 2004, and expiring on October 20, 2008, to fill a vacancy created by the expiration of his term of office occurring on October 20, 2004. City Clerk. H:hMEASURES~--idarea~nointhunter 102004.do¢ COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the twentieth day of September, 2004, CHARLES E. HUNTER, III, was reappointed as a Director of the Industrial Development Authority, for a term ending October 20, 2008. Given under my hand and the Seal of the City of Roanoke this twenty-fourth day of September, 2004. City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Charles E. Hunter, III, 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 Director of the Industrial Development Authority for aterm ending October 20, 2008, according to the best of my ability (So help me God). Subscribed and sworn to before me this__ day of 2004. BRENDA S. HAMILTON, CLERK BY , DEPUTY CLERK IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of September, 2004. No. 36861-092004. A RESOLUTION changing the time of commencement of the regular meeting of City Council scheduled to be held at 9:00 a.m., on Thursday, October 7, 2004. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The time of commencement of the meeting of City Council scheduled to be held at 9:00 a.m., on Thursday, October 7, 2004, in Room 159 of the Noel C. Taylor Municipal Building, at 215 Church Avenue, S. W., in the City of Roanoke, is hereby changed to commence at 12:00 Noon on that date. 2. Resolution No. 36762-070604, adopted July 6, 2004, is hereby amended to the extent it is inconsistent with this resolution. 3. The City Clerk is directed to cause a copy of this resolution to be posted adjacent to the doors of the Council Chambers and inserted in a newspaper having general circulation in the City at least seven days prior to October 7, 2004. ATTEST: City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC Stephanie M. Moon, CMC City Clerk Deputy City Clerk Sheila N. Hartman Assistant City Clerk September 29, 2004 File #102 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke which was held on Monday, September 20, 2004, Vice-Mayor Fitzpatrick called attention to the need for repairs to the bridge railing at the Masons Mill wheel. Mary F. Parker, CMC City Clerk MFP:ew CITY OF R OANOEE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk September 29, 2004 File #102 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke which was held on Monday, September 20, 2004, Vice-Mayor Fitzpatrick called attention to deterioration of the sidewalk on Wasena Bridge. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew 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 September 29, 2004 File #67-122-132 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke which was held on Monday, September 20, 2004, Council Members Lea and Wishneff requested that Council and the City Manager consider placing Victory Stadium under the direction of the City's Department of Parks and Recreation. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of September, 2004. No. 36844-092004. A RESOLUTION paying tribute to the Patrick Henry High School Boys Tennis Team as the undefeated Western Valley District Champions for 2004. WHEREAS, the Patrick Henry High School Boys Tennis Team for 2004 is comprised of Robert "Bo" Edwards, Chris Hincker, Joseph Salamoun, Ryan Luckay, Alex Hincker, Tyler Early, Sandy Huff, Brock Newton, Tom Raney and Giles Roberts; WHEREAS, this year the team defended the Northwest Regional Title; WHEREAS, the team also won the first tennis team state title in school history, with an overall record of 20-1; WHEREAS, during the 2004 boys tennis season, several of the team's members have won district and regional competitions, including the following: Brock Newton defended his Northwest Regional single's title; Brock Newton and Tyler Early were four-time district and regional doubles champions; Brock Newton and Tyler Early won the state doubles title; Bo Edwards and Chris Hincker reached state quarterfinals in doubles; and Tyler Early reach state quarterfinals in singles; WHEREAS, under the leadership of Assistant Coach Chris Newton and Head Coach Joel Higham, the team has been named the undefeated Western Valley District Champions for 2004, never losing a match point. THEREFORE, BE IT RESOLVED by Council of the City of Roanoke that: H:~vlEASURES~r.boystennistcamcommcndationc.nocaps.doc 1. Council adopts this resolution proclaiming September 20 as Patrick Henry High School Boys Tennis Team Day, recognizing and commending the team as the undefeated Western Valley District Champions for 2004. 2. The City Clerk is directed to forward an attested copy of this resolution to the team's head coach, Joel Higham. ATTEST: City Clerk. H:~MEASURES~r-boystennisteamcommendationc.nocaps.doc MARY F. PARKER, CMC City Clerk CITY OF ROANOIO;', OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk~ci.roanoke.va.us STEPHANIE M- MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk September 23, 2004 File #51 Maryellen F. Goodlatte, Attorney Glenn, Feldmann, Darby and Goodlatte P. O. Box 2887 Roanoke, Virginia 24001 Dear Ms. Goodlatte: I am enclosing copy of Ordinance No. 36862-092004 rezoning certain property located at 2203 Franklin Road, S. W., Official Tax No. 1150104, and two additional parcels on Franklin Road, identified as Official Tax Nos. 1150102 and 1150112, from LM, Light Manufacturing District, to C-2, General Commercial District, subject to proffers contained in the First Amended Petition filed in the Office of the City Clerk on July 28, 2004. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 20, 2004, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosure Maryellen F. Goodlatte September 23, 2004 Page 2 DanielL. Beamer, 2219 Franklin Road, S.W.,Roanoke, Virginia 24014 FRlInvestments, LLC, P.O. Box477, Troutville, Virginia 24175 Richard A. and Nancy G. Dearing, P. O. Box 8224, Roanoke, Virginia 24014 Cecil E. and Audrey R. Hodges, 2024 Winston Avenue, S.W., Roanoke, Virginia 24014 Fast Fare, Inc., OneN. Charles, P.O. Box 1168, Baltimore, Maryland 21203 Adnil Properties, LLC, 3613 Peakwood Drive, S. W., Roanoke, Virginia 24014 MackD. Cooper, ll, 1410 Main Street, S.W.,Roanoke, Virginia 24015 Frank Smith, 3021 Rosalind Avenue, S.W.,Roanoke, Virginia 24014 BarbaraN. Duerk, 2607 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 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of September, 2004. No. 36862-092004. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 115, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading by title of this ordinance. WHEREAS, The Branch Family, LLC 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 September 20, 2004, after due and timely notice thereof as required by §36.1-693, Code ofth~ City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 115 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular manner and no other: That certain property located at 2203 Franklin Road, S.W., Official Tax No. 1150104, and two additional parcels on Franklin Road, identified as Official Tax Nos. 1150102 and 1150112, and designated on Sheet No. 115 of the Sectional 1976 Zone Map, City of Roanoke, be, and are hereby rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, subject to the proffers contained in the First Amended Petition filed in the Office of the City Clerk on July 28, 2004, and that Sheet No. 115 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. City Clerk. CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone:(540) 853-1?30 Fax: (540) 853-1230 E-mail: pla n ning(~ci.roanoke.va.us September 20, 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 Branch Family, LLC, represented by Maryellen F. Goodlatte, attorney, that property located 2203 Franklin Road, S.W., Official Tax No. 1150104, and two additional parcels on Franklin Road, identified as Official Tax Nos. 1150102 and 1150112, 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: Planning Commission public hearing was held on Thursday, August ~6, 2004. After discussion, the Commission, by a roll call vote of 7-0, recommended approval of the conditional rezoning request. Background: The petitioner filed the petition for Tax Map Nos. 1150104, 1150102, and 1150112 on July 1,2004. A First Amended Petition was submitted on July 28, 2004 with the following proffered conditions: That the property shall be used only for the following uses: a. Permitted Uses: 1) 2) 3) 4) s) 6) 7) 8) 9) lO) 11) 12) Libraries, museums, art galleries and art studios and other similar uses including associated educational and instructional activities. Indoor fitness center. General and professional offices including financial institutions. Medical clinics. Medical offices. General service establishments, except that general service establishments primarily engaged in the repair or maintenance of motor vehicles shall not be permitted. Restaurants. General retail establishments primarily engaged in the retail sale or rental of merchandise, goods, or products except automobiles, trucks, or construction equipment; and including the incidental repair and assembly of merchandise, goods or products to be sold on the premises. Storage and warehouse activities which are accessory to a retail use where all storage activities are wholly enclosed in a building which is located on the same lot as the retail use and where the gross floor area of buildings used for storage activities does not exceed fifty (50) percent of the gross floor area of the retail use. Veterinary clinics with no outside corrals or pens. Personal service establishments. Business service establishments. Special Exception Uses: 1) Establishments primarily engaged in the wholesale distribution of goods where all related activities are wholly enclosed in a building provided that and so long as a special exception is granted: a. The total gross floor area of buildings on a lot shall not exceed twelve thousand (12,000) square feet. b. The use is located on a major arterial road or highway. 2) Manufacturing, assembly, mixing, processing or other processes which is accessory to a retail use, where all such activities are wholly enclosed in the same building as the retail use and where no more than five (5) people are involved in such processes 2 3) on the premises, so long as a special exception is granted. Medical laboratories, so long as a special exception is granted. That there shall be no more than two (2) curb cuts on Franklin Road serving the property. That the property will be developed in substantial conformity with the Development Plan made by Hughes Associates Architects, dated June 25, 2004, attached to this petition as Exhibit B, subject to any changes required by the City during the Comprehensive Site Plan review. Deciduous trees, having a minimum caliper of two (2) to two and one-half (2 1/2) inches at planting, shall be installed and maintained in the planting buffer along the Franklin Road right-of-way at a rate of one (1) tree for each fifty (50) feet of street frontage. Consideration: The adjacent land uses and zoning districts include: · Along Franklin Road to the east is a Fast Fare gas station zoned C-2, General Commercial. · Along Franklin Road to the west is the Soccer Stop retail store zoned C-2, General Commercial. Abutting Tax Map No. 1150104 to the northwest is Tax Map No. ] ] 50106. It has a warehouse use and is split zoned C-2, General Commercial District, and LM, Light Manufacturing District. · To the north, across the Norfolk Southern right-of-way are two large parcels zoned LM, Light Manufacturing District, which have various light industrial and warehousing uses. · Across Franklin Road, is a vacant parcel zoned C-2, General Commercial District. The request is consistent with the following recommended actions and statements of Vision 2001-2020, the City's comprehensive plan: · Impervious surface reduction: Limit the amount of impervious surfaces to reduce runoff (EC A] 3, p.50). · Commercia/development.'ldentify underutilized commercial sites and promote revitalization (ED A26, p.61). Area p/an initiative: Explore redevelopment of areas identified for industrial, commercial, or mixed-use development along Franklin Road between the South Jefferson Redevelopment Area and Wonju Street (p.62). · Curb cuts: Curb cuts should be minimized along commercial corridors (p.92). · Street trees: Trees are an essential element of the streetscape and should be planted along all non-suburban streets (p.94). The future land use map of the Frank/in Road/Co/on/a/Avenue Area P/an, adopted by City Council June of 2004, shows the subject parcels as light manufacturing uses. The plan states the importance of: Commercial centers: Identify or create nodes along Franklin Road for commercial centers; concentrations of small- to medium-sized commercial establishments (p.14). The total area of the three (3) subject parcels is 35,481 square feet. The principal structure is a 7,175 square foot building. The front of the building is a retail/office space with a warehouse area in the back. A phone assembly and repair business occupies the building. There are no accessory structures on the subject parcels. "Downzoning" the subject parcels to allow for commercial uses is consistent with the surrounding land uses along the north side of the 2200 block of Franklin Road. Uses include a beauty salon, gas station, and a retail store. In addition, there has been a trend towards converting industrially zoned property to commercially zoned property. Over the last nine (9) years, there have been two conditional rezoning amendments from LM, Light Manufacturing District, to C-2, General Commercial District, along this block-face. The first rezoning in July of 1995 was for the Soccer Stop retail store abutting the subject parcels to the west. The second amendment was to rezone the 7.292 acre multi-parcel zoning in December of 2002 on the corner of Franklin Road and Wonju Street from LM to C-2. Ore Branch flows through the subject properties with the principal structure straddling both sides of the creek's banks. A large portion of the principal structure is in the floodway and the ]O0-year floodplain. Any redevelopment or change of use will be subject to compliance with the Floodplain Zoning Regulations in the Zoning Ordinance and related provisions of the building code. In addition, the regulations of the floodway limit redevelopment options for the placement of new or 4 replacement structures on the site, or additions to existing structures on the parcels. Staff believes the Floodplain Zoning Regulations adequately ensure proper floodplain management of the subject parcels. The proffered site plan illustrates development improvements including a reduction in the width of the existing curb cuts, a reduction in parking surface area and replacement with a landscaping buffer along Franklin Road, and an elimination of an existing parking area directly in front of the building. The petitioner also proffers to plant a tree every 50' feet within the landscaping buffer area. Staff received one phone message from an adjacent property owner supporting the petitioner's request. Planning Commission discussion centered on the limitations of the site due to its location in the Floodplain. Recommendation: By a roll call vote of 7-0, the Planning Commission recommended approval of the rezoning request, with proffered conditions, given the prevailing land use pattern. 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 Maryellen Goodlatte, Attorney for the Petitioner 2203 Franklin Road Floodway 100-Year Floodplain~ Subject Parcels 1272410 1050105 1150202 Franklin Road Tax Map Nos. 1150104, 1150102, and 1150112 ~ Subject Parcels ~ Zoning Districts 1272410 1272409 LM 1150101 1150106 t150102 1050105 LM 1150108 C-2 RM-2 IN THE COUNCIL OF THE CITY OF ROANOKE~ VIRGINIA IN RE: Rezoning approximately 0.79 acres consisting of three (3) tracts of land lying and being in the City of Roanoke, Virginia, and briefly described as: Tax Map No. 1150104, 2203 Franklin Road, S.W. Tax Map No. 1150102, 0.53 acres, Franklin Road, S.W. Tax Map No. 1150112, 0.03 acres, Franklin Road, S.W. from LM, Light Manufacturing District, to C-2, General Commercial District, such rezoning to be subject to certain conditions. AMENDED PETITION TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE C1TY OF ROANOKE, VIRGINIA: Petitioner The Branch Family L.L.C. owns real property in the City of Roanoke, Virginia, containing 0.79 acres, more or less, having Tax Map Numbers 1150104, 1150102 and 1150112. The property is currently zoned LM, Light Manufacturing District. A map of the property to be rezoned is attached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, Petitioner requests that the said property be rezoned fi.om LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain conditions set forth below, for the purpose of permitting office and retail use on the property. The conceptual development plan prepared by Hughes Associates Architects, dated June 25, 2004, is attached hereto as Exhibit B ("Development Plan"). Petitioner believes the rezoning of the property will further the intent and purposes of the City's Zoning Ordinance and Vision 2001-2020 Comprehensive Plan. This property is located along and would be oriented toward Franklin Road. This project will promote quality development and good use along the Franklin Road commercial corridor, and would permit this parcel to be used for commercial and office purposes consistent with its neighbors. If said tracts are rezoned as requested, petitioner hereby proffers and agrees as follows: 1. That the property shall be used only for the following uses: a. Permitted Uses: 1) Libraries, museums, art galleries and art studios and other similar uses including associated educational and instructional activities. 2) Indoor fitness center. 3) General and professional offices including financial institutions. 4) Medical clinics. 5) Medical offices. 6) General service establishments, except that general service establishments primarily engaged in the repair or maintenance of motor vehicles shall not be permitted. 7) Restaurants. 8) General retail establishments primarily engaged in the retail sale or rental of memhandise, goods, or products except automobiles, tracks, or construction equipment; and including the incidental repair and assembly of merchandise, goods or products to be sold on the premises. 2 9) Storage and warehouse activities which are accessory to a retail use where all storage activities are wholly enclosed in a building which is located on the same lot as the retail use and where the gross floor area of buildings used for storage activities does not exceed fifty (50) percent of the gross floor area of the retail use. 10) Veterinary clinics with no outside corrals or pens. 11) Personal service establishments. 12) Business service establishments. Special Exception Uses: 1) Establishments primarily engaged in the wholesale distribution of goods where all related activities are wholly enclosed in a building provided that and so long as a special exception is granted: a. The total gross floor area of buildings on a lot shall not exceed twelve thousand (12,000) square feet. b. The use is located on a major arterial road or highway. 2) Manufacturing, assembly, mixing, processing or other processes which re accessory to a retail use, where all such activities are wholly enclosed in the same building as the retail use and where no more than five (5) people are involved in such processes on the premises, so long as a special exception is granted. 3) Medical laboratories, so long as a special exception is granted. 3 property. 3. That there shall be no more than two (2) curb cuts on Franklin Road serving the That the property will be developed in substantial conformity with the Development Plan made by Hughes Associates Architects, dated June 25, 2004, attached to this petition as Exhibit B, subject to any changes required by the City during the Comprehensive Site Plan review. 4. Deciduous trees, having a minimum caliper of two (2) to two and one-half (2 1/2) inches at planting, shall be installed and maintained in the planting buffer along the Franklin Road right-of-way at a rate of one (1) tree for each fifty (50) feet of street frontage. Attached as Exhibit C are the names, addresses and tax numbers of the owners of all lots or properties immediately adjacent to, immediately across a street or road from the property to be rezoned. WHEREFORE, Petitioner requests that the above-described tracts be rezoned as requested in accordance with the provisions of the Zondng Ordinance of the City of Roanoke. This amended petition is respectfully submitted this ~> day of July, 2004. The Branch Family L.L.C. Of Cg6unsel Maryellen F. Goodlatte, Esq. Glenn, Feldmann, Darby & Goodlatte 210 1st Street, S.W., Suite 200 P. O. Box 2887 Roanoke, Virginia 24001-2887 (540) 224-8018 - Telephone (540) 224-8050 - Facsimile mgoodlat te(~.~fd ~.com 4 The Branch Family L.L.C.. a Virginia limited liability company, owner of the property subject to this petition, hereby consents to this amended rezoning petit/on, inck~ding the voluntau,, proffers conlained herein. THE BRA. NCFI' FAMIL5 L.L,C. / Tl~ma~ ~)~ Bt~' la'~cI~, N~anagerx' 5 ADJOINING PROPERTY OWNERS Tax Parcel Number 1150104, 2203 Franklin Road, S.W. Tax Parcel Number 1150102, 0.53 acres, Franklin Road, S.W. Tax Parcel Number 1150112, 0.03 acres, Franklin Road, S.W. Tax Map Number 1150108 1150106 1272409 1272410 1150101 1050105 1150202 Owner(s)/Address Daniel L. Beamer 2219 Franklin Road, S.W. Roanoke, Vir~nia 24014 FR_ 1 Investments LLC P. O. Box 477 Troutville, Vir~nia 24175 Richard A. Dearing Nancy G. Dear/ng P. O. Box 8224 Roanoke, Virginia 24014 Cecil E. Hodges, Ir. and Audrey R. Hodges 2024 Winston Avenue, S.W. Roanoke, Vir~nia 24014 Fast Fare, Inc. One North Charles P. O. Box i168 Baltimore, Maryland 21203 Adnil Properties, LLC 3613 Peakwood Drive, S.W. Roanoke, Virginia 24014 Mack D. Cooper, II 1410 Main Street, S.W. Roanoke, Virginia 24015 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times GLENN, FELDMANN, DAR PO BOX 2887 ATTN: MARYELLEN GOOD ROANOKE VA 24001 ct '04 17 10 REFERENCE: 80025065 03490121 2203 Franklin Road, State of Virginla 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 ~ginia. Sworn and subscribed before me this Ir of Septemper 2004. Witness my hand and official seal. ~.. ~ ~C/~~.Notar¥ Public PUBLSSHED ON: 09/03 09/10 TOTAL COST: 255.46 FILED ON: 09/10/04 Authorized Signature: .... 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, September 20, 2004, at 7:00 p.m., in the Council Chamber in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., on the question ofrezoning from LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain proffers, the following property: That certain property located at 2203 Franklin Road, S.W., Official Tax No. 1150104, and two additional parcels on Franklin Road, identified as Official Tax Nos. 1150102 and 1150112. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, 853-2541, by Thursday, September 16, 2004. GIVEN under my hand this 1st day of September ,2004. Mary F. Parker, City Clerk. H:hNOTICES/N REZO-FRANKLIN RD (BRANCH)092004 DOC Notice to Publisher: Publish in the Roanoke Times once on Friday, September 3, 2004, and once on Friday, September 10, 2004. Send affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 Send bill to: Maryellen F. Goodlatte, Esq. Glenn, Feldmann, Darby & Goodlatte P.O. Box 2887 Roanoke, Virginia 24001-2887 (540) 244-8018 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clcrk~ci.roanoke.va.us STEPHAN1E M. MOON D~puty City Clerk SHEILA N. HARTMAN Assistant Cit~ Clerk September 9, 2004 File #51 Maryellen F. Goodlatte, Attorney Glenn, Feldmann, Darby and Goodlatte P. O. Box 2887 Roanoke, Virginia 24001 Dear Ms. Goodlatte: 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 The Branch Family, L.L.C., that three tracts of land located on Franklin Road, S. W., identified as Official Tax Nos. 1150104, 1150102 and 1150112, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. For your information, I am enclosing copy of a report of the City Planning Commission and a notice of the public hearing. Please review the 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:\CKEW IXPublic Hearings 2004~September 2004\September 2004 Attorney and Adjoining Propety Owners Letters.doc Maryellen F. Goodlatte September 9, 2004 Page 2 It will be necessary for you, or your representative, to be present at the September 20 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, Stephanie M. Moon, CMC Deputy City Clerk Enclosure N:\CKEWI~Public Hearings 2004\September 2004k%ptember 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.roanok¢.va.us September 9, 2004 File #51 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Mr. Daniel L. Beamer Mr. and Mrs. Richard A. Dearing Fast Fare, Inc. Mr. Mack D. Cooper, II Ms. Barbara Duerk FR I Investments, LLC Mr. and Mrs. Cecil E. Hodges,Jr. Adnil Properties, LLC Mr. Frank Smith 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, September 20, 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 Branch Family, L.L.C., that three tracts of land located on Franklin Road, S. W., identified as Official Tax Nos. 1150104, 1150102 and 1150112, 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 copyofthe [eport 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, Stephanie M. Moon, CMC Deputy City Clerk N:\CKEW 1 ~'ublic Hearings 2004XSeptember 2004\September 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, August 19, 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 Branch Family, LLC, represented by Maryellen F. Goodlatte, attomey, that property located 2203 Franklin Road, S.W., Official Tax No. 1150104, and two additional parcels on Franklin Road, identified as Official Tax Nos. 1150102 and 1150112, 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 heating, please contact the Department of Planning Building and Development at 853-1730 before 12:00 noon on the Monday before the date of the hearing listed above. Martha P. Franklin, Secretary Planning Commission Please print in newspaper on Tuesday, August 3 and August 10, 2004 Please bill: Maryellen F. Goodlatte, Esq. Glenn, Feldmann, Darby & Goodlatte 210 1st Street, S.W., Suite 200 P O Box 2887 Roanoke, VA 24001-2887 Please 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: The Branch Family, LLC, Franklin Road, S.W., Official Tax Nos.) 1150114, 1150102, 1150112 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 19th day of July, 2004, notices of a public hearing to be held on the 19~h day of August, 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 1150108 Daniel L. Beamer 2219 Franklin Road, SW Roanoke, VA 24014 1150106 FR 1 Investments, LLC P O Box 477 Troutville, VA 24175 1272409 Richard A. Dearing Nancy G. Dearing P O Box 8224 Roanoke, VA 24014 1272410 Cecil E. Hodges, Jr. Audrey R. Hodges 2024 Winston Ave., SW Roanoke, VA 24014 1150101 Fast Fare, Inc. One N. Charles P O Box 1168 Baltimore, MD 21203 1050105 Adnil Properties, LLC 3613 Peakwood Drive Roanoke, VA 24014 1150202 Mack D. Cooper, II Also sentto: F~nk Smith 3021 Rosalind Avenue, SW Roanoke, VA 24014 1410 Main Street, SW Roanoke, VA 24015 Barbara Duerk 2607 Rosalind Avenue, SW Roanoke, VA 24014 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 19th day of July, 2004. Notary Public ~' My Commission Expires: c:~-¢,~z,,~ ~ 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 July 2, 2004 File #51 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Robert 13. Manetta, Chairperson 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 July 1, 2004, from Maryellen F. Goodlatte, Attorney, representing The Branch Family, L.LC., requesting that three tracts of land located on Franklin Road, S. W., containing 0.79 acre, more or less, identified as Official Tax Nos. 1150104, ] ] 50102 and 11501 ] 2, be rezoned from LM, Light Manufacturing District, toC-2, General Commercial District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosures Robert B. Manetta July 2, 2004 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Maryellen F. Goodlatte, Attorney, Glenn, Feldmann, Darby and Goodlatte, P. O. Box 2887, Roanoke, Virginia 24001 Susan S. Lower, Director, Real Estate Valuation Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney N:\CKEW 1 \Rezonings - Street Alley Closing 04Lluly 2004\The Branch Family, kLC.doc FELDMANN DARBY GOODLATTE 210 1st Street SW Suite 200 Post Office Box 2887 Roanoke. Virginia 24001 540.224.80O0 Fax 540224.8050 gfdgogfdg corn July I, 2004 MARYELLEN F. GOODLATTE Direct Dial (540) 224-8018 E-mail mgoodlatte(~gfdg.com HAND DELIVERED Mr. Andrew Warren Roanoke City Planning & Development Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Re: Rezoning of three (3) tracts of land located on Franklin Road, S.W. Tax Map Nos. 1150104, 1150102, and1150112 from LM to C-2 Dear Andrew: Pursuant to The Branch Family L.L.C.'s rezoning request, we enclose the following for filing: An original and two copies of a Petition, with all exhibits attached thereto, requesting that three tracts of land located in the City of Roanoke be rezoned from LM to C-2; One full-size copy and nine reduced copies of the site plan; and A check in the amount of $925.00 to cover the cost of filing. If you have any questions or need further information, please do not hesitate to call me. Very truly yours, Maryellen F. Goodlatte MFG:lnh:5433001 Enclosures cc: The Branch Family L.L.C. (w/encs.) ~Vls. Mary F. Parker (w/encs.) MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk~¢i.roaaoke.va.us STEPHANIE M. MOON DepuW City Clerk SHEILA N. HARTMAN Assistant City Clerk September 23, 2004 File #5! Maryellen F. Goodlatte, Attorney Glenn, Feldmann, Darby and Goodlatte P. O. Box 2887 Roanoke, Virginia 2400! Dear Ms. Goodlatte: I am enclosing copy of Ordinance No. 36863-092004 rezoning certain property located at 677 Brandon Avenue, S. W., Official Tax No. ~.270801, from LM, Light Manufacturing District, to C-2, General Commercial District, subject to proffers contained in the Second Amended Petition filed in the Office of the City Clerk on July 27, 2004. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 20, 2004, and is in full force and effect upon its passage. ~ a.~.~, ~,Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosure Maryellen F. Goodlatte September 24, 2004 Page 2 pc: Warren Properties, Inc., 2334 English Road, High Point, North Carolina 27262 Brenda R. Simmons, P. O. Box 253, Fincastle, Virginia 24090 Towers Retail, LLC, 8405 Greensboro Road, Suite 830, McLean, Virginia 22102 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, 283! Stephenson Avenue, S. W., Roanoke, Virginia 24014 Martha P. Franklin, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of September, 2004. No. 36863-092004. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 127, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading by title of this ordinance. WHEREAS, Joe Macione and Annette Macione have 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 heating 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 September 20, 2004, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public heating, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1~3, Code of the City of Roanoke (1979), as amended, and Sheet No. 127 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular manner and no other: That property located at 677 Brandon Avenue, S.W., Official Tax No. 1270801, and designated on Sheet No. 127 of the Sectional 1976 Zone Map, City of Roanoke, be, and is hereby rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, subject to the proffers contained in the Second Amended Petition filed in the Office of the City Clerk on July 27, 2004, and that Sheet No. 127 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. ArchBectural Re',iew Board Board of Zoning Appeals Planning Commission 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: plan ning~ci.roanoke.va.us September 20, 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 Joe Macione and Annette Macione, represented by Maryellen F. Goodlatte, attorney, that property located at 677 Brandon Avenue, S.W., Official Tax No. 1270801, 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: Planning Commission public hearing was held on Thursday, August 19, 2004. At the conclusion of the public hearing, motion was made, duly seconded and approved by a roll call vote of 7-0, to recommend that City Council approve the requested rezoning. Background: The petitioner filed a request to rezone Tax Map No. 1270801from LM, Light Manufacturing District, to C-2, General Commercial District, on July 1,2004. A First Amended Petition and subsequent Second Amended Petition were filed on July 23 and July 27, respectively. The petitioner proffers the following conditions: (1)That the property shall be used only for the following uses: a. Permitted Uses 1) Libraries, museums, art galleries and art studios and other similar uses including associated educational and instructional activities. 2) General and professional offices including financial institutions. 3) Medical clinics. 4) Medical offices. 5) General service establishments, except that general service establishments primarily engaged in the repair or maintenance of motor vehicles shall not be permitted. 6) Restaurants. 7) General retail establishments primarily engaged in the retail sale or rental of merchandise, goods, or products except automobiles, trucks, or construction equipment; and including the incidental repair and assembly of merchandise, goods or products to be sold on the premises. 8) Veterinary clinics with no outside corrals or pens. 9) Plant nurseries and greenhouses including those with retail sales. 10) Personal service establishments. 11) Business service establishments. b. Special Exception Uses 1) Fast food restaurants, so long as a special exception is granted. (2)That there shall be no more than (2) curb cuts on Brandon Avenue serving the property, with each cut not exceeding 15' in width. (3) That total signage for the property shall not exceed 375 square feet of sign area. (4) That a five (5) foot landscaped buffer will be installed between the Brandon Avenue right-of-way and the parking areas on the property, with curbing installed between said buffer and the parking areas. At least three (3) street trees having a minimum diameter of 2 ~ inches shall be planted within five (5) feet of the Brandon Avenue right-of-way and not necessarily centered along the 5 foot landscaped buffer. Consideration: The adjacent land uses and zoning districts include: · Norfolk Southern right-of-way is located to the north zoned LM, Light Manufacturing. · Adjacent to the subject parcel along Brandon Avenue to the east is Uptown Audio retail store zoned C-2, General Commercial; to the west is A Cleaner World dry-cleaners zoned LM, Light Manufacturing. · Located across Brandon Avenue is Towers Shopping Mall zoned C-2, General Commercial. The request is consistent with the following recommended actions and statements of V/sion 2001-2020, the City's Comprehensive Plan: · Impervious surface reduction: Limit the amount of impervious surfaces to reduce runoff (EC A13, p.50). · Curb cuts: Curb cuts should be minimized along commercial corridors (p.92). · Street trees: Trees are an essential element of the streetscape and should be planted along all non-suburban streets (p.94). · Signs:Visual clutter should be discouraged (p.92). · Commercia/ development.' Commercial development should be concentrated at key intersections (ED P6, p.59). The total land area of the subject parcel is 18,326 square feet. The principle structure is a 1,856 square foot building. A 3-bay auto repair garage/gas station currently occupies the building. Under the conditional rezoning, the current uses of a service station and gas station would become legally non-conforming uses. The future land use map of the Frank/in £oad/ColonialAvenue Area P/an, adopted by City Council June of 2004, shows the subject parcel as a general commercial use. The 600 block of Brandon Avenue is occupied by various restaurants and retail and service establishments. The proffered uses are compatible with the prevailing land use pattern on the block-face and in Towers Shopping Mall. Staff believes that a commercial rezoning with conditions is a suitable zoning district for this parcel given its location along the Brandon Avenue commercial corridor and its proximity to a large shopping center. With the proffered conditions, the application of C-2, General Commercial District, is appropriate. The proffers provide reassurance that the subject parcel would be reused or redeveloped in a consistent manner with the principles of V/sion 2001-2020. The limitations on use, reduction in the width of the existing curb cuts, a limitation of sign area to approximately half of the allowable square footage, a five foot landscaping buffer, and trees along the streetscape are all positive steps towards a successful reuse of this property. Planning Commission discussion centered on the following: The question whether thirteen (13) spaces shown on the Concept Plan would be sufficient to support a restaurant use. They agreed that since there are many proffered uses for the subject parcel outlined in the petition that parking is better addressed after a use has been decided upon during the comprehensive site plan review process. Commissioners asked staff to clarify how a sidewalk, if installed in the future, would be constructed on Brandon Avenue in relation to the 5 foot landscape buffer. Staff responded that the landscape buffer and curbing would be installed on private property to the inside of and future sidewalk, which would be located in the public right-of-way. Recommendation: By a vote of 7-0, the Planning Commission recommends that City Council approve the requested rezoning, with conditions, given the petition's consistency with V/s/on 2~)1-2~)2~. Respectfully submitted, Robert B. Manetta, Chairman Roanoke City Planning Commission CC: Darlene L. Burcham, City Manager Rolanda Russell, Assistant City Manager for Community Development William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Maryellen Goodlatte, Attorney for the Petitioner IN THE COUNCIL OF THE CITY OF ROANOKE~ VIRGINIA INRE: Rezoning of one tract of land located at 677 Brandon Avenue, S.W., identified as official Tax Map Number 1270801, from LM, Light Manufacturing District, to C-2, General Commercial District, such rezoning to be subject to certain conditions. SECOND AMENDED PETITION TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: The Petitioners, Joe Macione and Annette Macione, have contracted to purchase real property in the City of Roanoke, Virginia, containing 0.42 acres, more or less, located at 677 Brandon Avenue, S.W., and being Tax Map Number 1270801, from Chapman Enterprises, L.L.C. The property is currently zoned LM, Light Manufacturing District. A map of the property to be rezoned is attached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, Petitioners request 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 a restaurant on the property. The conceptual development plan prepared by William P. Bowling, NCARB, Architect, dated July 1, 2004, is attached hereto as Exhibit B ("Development Plan"). Petitioners believe the rezoning of the property will further the intent and purposes of the City's Zoning Ordinance and Vision 2001-2020 Comprehensive Plan. This property is located along and would be oriented toward Brandon Avenue. This project will promote quality development and good use along the Brandon Avenue commercial corridor, and would permit this parcel to be used for commercial purposes consistent with its C-2 neighbors;. If the said tract is rezoned as requested, petitioners hereby proffer and agree as follows: 1. That the property shall be used only for the following uses: a. perrmtted Uses: 1) Libraries, museums, art galleries and art studios and other similar uses including associated educational and instructional activities. 2) General and professional offices including financial institutions. 3) Medical clinics. 4) Medical offices. 5) General service establishments, except that general service establishments primarily engaged in the repair or maintenance of motor vehicles shall not be permitted. 6) Restaurants. 7) General retail establishments primarily engaged in the retail sale or rental of merchandise, goods, or products except automobiles, trucks, or construction equipment; and including the incidental repair and assembly of merchandise, goods or products to be sold on the premises. 8) Veterinary clinics with no outside corrals or pens. 2 9) Plant nurseries and greenhouses including those with retail sales. 10) Personal service establishments. 11) Business service establishments. b. Special Exception Uses: 1) Fast food restaurants, so long as a special exception is granted. 2. That there shall be no more than two (2) curb cuts on Brandon Avenue serving the property, with each cut not exceeding 15' in width. 3. That total signage for the property shall not exceed 375 square feet of sign area. 4. That a five (5) foot landscaped buffer will be installed between the Brandon Avenue right-of-way and the parking areas on the property, with curbing installed between said buffer and the parking areas. At least three (3) street trees having a minimum diameter of 2 1/2 inches caliper shall be planted within five (5) feet of the Brandon Avenue right-of-way and not necessarily centered along the 5 foot landscaped buffer. Attached as Exhibit C are the names, addresses and tax numbers of the owners of all lots or properties immediately adjacent to, immediately across a street or road from the property to be rezoned. WHEREFORE, Petitioners request that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. 3 This amended petition is respectfully submitted this Q 7 day of July, 2004. Joe Macione Annette Macione BY:///~ t~ ~ Of Counsel Maryellen F. Goodlatte, Esq. Glenn, Feldmann, Darby & Goodlatte 210 1st Street, S.W., Suite 200 P. O. Box 2887 Roanoke, Virginia 24001-2887 (540) 224-8018 - Telephone (540) 224-8050 - Facsimile m¢oodlatte(//!gf_dg.com raid Ch,~rmm, iV,uma~ -- --~ 677 Brandon Avenue., S.W. Tax No. 1270801 ~ Subject Parcel FI'l zoning Districts 1270805 1140601R 1270801 i70806 LM 1270807 BRAND( ,4 AV C-2 C-2 1270719 ADJOINI/~G PROPERTY OWNERS Tax Parcel Number 1270801 677 Brandon Avenue, S.W., Roanoke, Virginia 24015 Tax Map Number 1270805 1140601 1270807 1270719 Owner(s)/Address Warren Properties, Inc. 2334 English Road High Point, North Carolina 27262 City of Roanoke (Smith Park) 215 Church Avenue, S.W., Room 250 Roanoke, Virginia 24011 Brenda Lea Robertson Simmons P. O. Box 253 Fincastle, V/rginia 24090 Towers Retail, LLC 8405 Greensboro road, Suite 830 McLean, Virginia 22102 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times .................................................. + ........................ GLENN, FELDMANN, DAR I PO BOX 2887 I ATT : MARYELLEN GOOD ROANOKE VA 24001 REFERENCE: 80025065 03490111 677 Brandon Ave. 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_~inia. Sworn and subscribed before me this ~day of Septemper 2004. Witness my hand and offic__.ial seal. . __[l~J~__~__--~_~~ Notarv Publis PUELISHED ON: 09/03 09/10 TOTAL COST: 226.54 FILED ON: 09/10/04 NOIlCE OF K'BUC HF. AlliG Authorized ~ ,.,,~^ .,-~/'")/~ /~ Signature __ Billin9 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, September 20, 2004, at 7:00 p.m., in the Council Chamber in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., on the question ofrezoning from LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain proffers, the following property: That property located at 677 Brandon Avenue, S.W., Official Tax No. 1270801. 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 heating, contact the City Clerk's Office, 853-2541, by Thursday, September 16, 2004. GIVENundermyhandthis 1st dayof September ,2004. Mary F. Parker, City Clerk. Notice to Publisher: Publish in the Roanoke Times once on Friday, September 3, 2004, and once on Friday, September 10, 2004. Send affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 Send bill to: Maryellen F. Goodlatte, Esq. Glenn, Feldmann, Darby & Goodlatte P.O. Box 2887 Roanoke, Virginia 24001-2887 (540) 244-8018 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk~ci.roanoke.va.us September 9, 2004 File #51 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Maryellen F. Goodlatte, Attorney Glenn, Feldmann, Darby and Goodlatte P. O. Box 2887 Roanoke, Virginia 24001-2887 Dear Ms. Goodiatte: 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 a request of Joe and Annette Macione that a tract of land located at 677 Brandon Avenue, S. W., identified as Official Tax No. 1270801, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. 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:\CKEWI~Public Hearings 2004~September 2004~September 2004 AUorney and Adjoining Propety Owners Leuers.doc Maryellen F. Goodlatte September 9, 2004 Page 2 It will be necessary for you, or your representative, to be present at the September 20 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, Stephanie M. Moon, CMC Deputy City Clerk Enclosure N:\CKEWI~Public Hearings 2004~September 2004\September 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: clcrk~ci.roanoke.va.us September 9, 2004 File #51 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Warren Properties, Inc. 2334 English Road High Point, North Carolina 27262 Brenda R. Simmons P. O. Box 253 Fincastle, Virginia 24090 Towers Retail, LLC 8405 Greensboro Road, Suite 830 McLean, Virginia 22102 Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, September 20, 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 Joe and Annette Macione that a tract of land located at 677 Brandon Avenue, S. W., identified as Official Tax No. 1270801, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. 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. I?l:\CKEWl\Public Hearings 2004\September 2004~September 2004 Attorney and Adjoining Propety Owners Letters.doc interested Property Owners and/or Adjoining Property Owners September 9, 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, Stephanie M. Moon, CMC Deputy City Clerk N:\CKEWI\?ubtic Hearings 2004\September 2004\September 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, August 19, 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 Joe Macione and Annette Macione, represented by Maryellen F. Goodlatte, attorney, that property located at 677 Brandon Avenue, S.W., Official Tax No. 1270801, 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, August 3 and August 10, 2004 Please bill: Maryellen F. Goodlatte, Esq. Glenn, Feldmann, Darby & Goodlatte 210 1st Street, S.W., Suite 200 P O Box 2887 Roanoke, VA 24001-2887 Please send Affidavit of publication to: Martha P. Franklin Planning Building and Developmem Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, SW 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: ¢lcrk~ci.roanoke.va.us July 27, 2004 File #51 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk 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 second amended petition received in the City Clerk's Office on July 27, 2004, from Maryellen F. Goodlatte, Attorney, representing Joe and Annette Macione, requesting that a tract of land located at 677 Brandon Avenue, S. W., containing 0.42 acre, more or less, identified as Official Tax No. 1270801, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. Sincerely, Stephanie M. Moon, Deputy City Clerk SMM:ew Enclosures Robert B. Manetta July 27, 2004 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Maryellen F. Goodlatte, Attorney, Glenn, Feldmann, Darby and Goodlatte, P. O. Box 2887, Roanoke, Virginia 24001 Susan S. Lower, Director, Real Estate Valuation Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney N:\CKEWl\Rezonings - Street Alley Closing 04~July 2004~Joe and Annette Macione amendmentpetition2.doc MARY F. PARKER, CMC City Clerk CITY OF ROANOI ', OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clcrk~ci.roanoke.va, us July 23, 2004 File #5 ] STEPHANIE M. MOON Deputy City Clerk SHE1LA N. HARTMAN Assistant City Clerk Robert B. Manetta, Chairperson City Planning Commission 2831 Stephenson Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Manetta: Pursuant to Section 36.]-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an amended petition received in the City Clerk's Office on July 23, 2004, from Maryellen F. Goodlatte, Attorney, representing Joe and Annette Macione, requesting that a tract of land located at 677 Brandon Avenue, S. W., containing 0.42 acre, more or less, identified as Official Tax No. 1270801, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosures Robert B. Manetta July 23, 2004 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council 'Maryellen F. Goodlatte, Attorney, Glenn, Feldmann, Darby and Goodlatte, P. O. Box 2887, Roanoke, Virginia 24001 Susan S. Lower, Director, Real Estate Valuation Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney N:\CKEW I \Rezmings - Street Alley Closing 04~July 2004~/ce and Annette Maeime amend rmn tpetitiaq.doc GLENN FELDMANN DARB¥ GOODLATTE 210 1st Street S.W Suite 200 Post Office Box 2887 Roanoke, Virginia 24001 5402248000 Fax 5402248050 gfdg~gfdg corn July 23, 2004 MARYELLEN F. GOODLATTE Direct Dial (540) 224-8018 E-mail mgoodlatte@gfdg.com HAND DELIVERED Mr. Andrew Warren Roanoke City Planning & Development Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Re~ Rezoning of one tract of land located at 677 Brandon Avenue, S.W. Tax Map No. 1270801 fi.om LM to C-2 Dear Andrew: We enclose an original and two copies of the Amended Petition with all exhibits attached thereto for the above-referenced rezoning. If you have any questions or need further information, please do not hesitate to call me. MFG:Inh:5599000 Enclosures Very truly yours, Maryellen F. Goodlatte ~Ms' and Mrs. Joe Macione (w/encs.) · Mary F. Parker (w/encs.) 1954 5~ele&atiny _50 ~eava c~ ~ezvice 2004 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: Joe & Annette Macione, 677 Brandon Avenue, S.W., Official Tax. ) No. 1270801, 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 19th day of July, 2004, notices of a public hearing to be held on the 19th day of August, 2004, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: parcel 1270805 1140601 1270807 Owner's Name Warren Properties, Inc. City of Roanoke Brenda Lea Robertson Simmons 1270719 Towers Retail, LLC Mailinq Address 2334 English Road High Point, NC 27262 P O Box 253 Fincastle, VA 24090 8405 Greensboro Road Suite 830 McLean, VA 22102 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, th Virginia, this 19 day of July, 2004. My Commission Expires: ~.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: ($40) 853-2541 Fax: (540) 853-1145 E-mail: clcrk~ci.roanoke.va.us July 2, 2004 File #51 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk 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 July 1,2004, from Maryellen F. Goodlatte, Attorney, representing Joe and Annette Macione, requesting that a tract of land located at 677 Brandon Avenue, S. W., containing 0.42 acre, more or less, identified as Official Tax No. 1270801, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosures Robert B. Manetta July 2, 2004 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Maryellen F. Goodlatte, Attorney, Glenn, Feldmann, Darby and Goodlatte, P. O. Box 2887, Roanoke, Virginia 24001 Susan S. Lower, Director, Real Estate Valuation Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney N:\CK..EW I ~Rezonings - Street Alley Closing 04~July 2004~oe and Annette Macione.doc GLENN FELDMANN DARBY GOODLATTE 210 1st Street S',~ Suim 200 Post Office Box 2887 Roanoke, Virginia 24001 5402248000 Fax 540.2248050 gtdg~gfdg.com July 1, 2004 MARYELLEN F. GOODLATTE Direct Dial (540) 224-80I 8 E-mail mgoodlatte~gfdg.com HAND DELIVERED Mr. Andrew Warren Roanoke City Planning & Development Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Re~ Rezoning of one tract of land located at 677 Brandon Avenue, S.W. Tax Map No. 1270801 from LM to C-2 Dear Andrew: Pursuant to Joe Macione and Annette Macione's rezoning request, we enclose the following for filing: An original and two copies of a Petition, with all exhibits attached thereto, requesting that one tract of land located in the City of Roanoke be rezoned from LM to C-2; One full-size copy and nine reduced copies of the site plan; and A check in the mount of $925.00 to cover the cost of filing. If you have any questions or need further information, please do not hesitate to call me. MFG:lnh:5599000 Enclosures Very truly yours, Maryellen F. Goodlatte Mr. and Mrs. Joe Macione (w/encs.) c4~s. Mary F. Parker (w/encs.) 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 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk September 24, 2004 File #51 Mr. and Mrs. Paul Crawford 1449 Lakeridge Circle Troutville, Virginia 24175 Dear Mr. and Mrs. Crawford: I am enclosing copy of Ordinance No. 36864-092004 rezoning certain tracts of land lying on Church Avenue, S. E., between 11th and 12,h Streets and designated as Official Tax Nos. 4111409 through 4111417, inclusive, from LM, Light Manufacturing District, to RM-1, Residential Multifamily, Low Density District, subject to proffers contained in the Second Amended Petition filed in the Office of the City Clerk on September 2, 2004. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 20, 2004, and is in full force and effect upon its passage. Mary F. Parker, CMC City Clerk MFP:ew Enclosure Mr. and Mrs. Paul Crawford September 24, 2004 Page 2 pc: Mr. and Mrs. Sherman Chison, 310 Pheasant Run Lane, Vinton, Virginia 24:179 Downtown Car Company, 2875 Summit Ridge Road, N. E., Roanoke, Virginia 24012 Victoria A. Jones, 3841 Brookrun Drive, N. E., Roanoke, Virginia 240:12 T. R. McFarland, 981 Apple Orchard Lane, Troutville, Virginia 24175 Larry D. Ashby, :1213 Kirk Avenue, S. E., Roanoke, Virginia 240:13 Shepard Properties, P. O. Box :120:12, Roanoke, Virginia 24022 VirginiaA. & OthoAItice, 1103 Church Avenue, S. E., Roanoke, Virginia 24013 The JOCO Foundation, 321Burruss Hall, Blacksburg, Virginia 2406:1 Patsy R. Meadow, :1012 12th Street, S. E., Roanoke, Virginia 240:13 Mr. & Mrs. Robert Hammonds, 1123 Church Avenue, S. E., Roanoke, Virginia 240:13 Liberty Investment, 6893 Campbell Drive, Salem, Virginia 24153 Richard Nichols, President, Southeast Action Forum, 1620 Kirk Avenue, S. E., Roanoke, Virginia 240:13 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 240:14 Martha P. Franklin, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of September, 2004. No. 36864-092004. AN ORDINANCE to amend {}36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 411, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading by title of this ordinance. WHEREAS, Paul and Sharon Crawford have made application to the Council of the City of Roanoke to have the hereinafter described property rezoned f~om LM, Light Manufacturing District, to RM-1, Residential Multifamily, Low Density 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 heating was held by City Council on such application at its meeting on September 20, 2004, after due and timely notice thereof as required by {}36.1-693, Code of the City of Roanoke (1979), as amended, at which heating all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public heating, is of the opinion that the hereinat~er 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. 411 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular manner and no other: Those certain tracts of land lying on Church Avenue, S.E., between 11th and 12th Street, S.E., and designated as Official Tax Nos. 4111409 through 4111417, inclusive, and designated on Sheet No. 411 of the Sectional 1976 Zone Map, City of Roanoke, be, and are hereby rezoned from LM, Light Manufacturing District, to RM-1, Residential Multifamily, Low Density District, subject to the proffers contained in the Second Amended Petition filed in the Office of the City Clerk on September 2, 2004, and that Sheet No. 411 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. City Clerk. CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 2401 ! Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning~ci.roanoke.va.us September 20, 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 Paul and Sharon Crawford that tracts of land lying on Church Avenue, S.E., between 11'h and 12'h Street, S.E., and designated as Official Tax Nos. 4111409 through 411141 7, inclusive, be rezoned from LM, Light Manufacturing District, to RM-I, Residential Multifamily, Low Density District, such rezoning to be subject to certain conditions proffered by the petitioner. Planning Commission Action: Planning Commission public hearing was held on August 19, 2004. The Commission, by a roll call vote of 6-1 (Messrs. Butler, Chrisman, Manetta, Rife, Williams and Ms. Prince voting for and Mr. Scholz voting against) recommended Council approve the second amended petition. Background: The petition to rezone Tax Map Nos. 4111409 through 4111417 from LM, Light Manufacturing District, to RM-1, Residential Multifamily Conditional, Low Density District, for the purpose of developing single- family dwelling units was filed on July 1,2004. A First Amended Petition was submitted on July 13, 2004. The petitioner submitted a list of three (3) proposed proffered conditions to the Planning Commission. A Second Amended Petition was voted on by the Planning Commission and later filed on September 2, 2004. The proffered conditions were as follows: 1) Due to the location of the principal structures at Official Tax Map Number 4111409 and Official Tax Map Number 4111417, any principal structure shall be set between ten (10) and twenty (20) feet back from the right-of-way of Church Avenue. 2) The width of new dwellings shall not exceed thirty (30) feet. 3) New dwellings shall conform to the Neighborhood Design District standards for new construction contained in Subsections (b) through (f), inclusive, of Section 36.1-393 of the Zoning Ordinance. (Subsection (a) shall not apply.) Consideration: The adjacent land uses and zoning districts include: · Eight (8) vacant parcels located in the same block abutting the subject parcels along the rear property lines to the north and fronting on Kirk Avenue. The parcels are zoned LM, Light Manufacturing District. · Across 12'h Street to the east is a single-family house zoned LM, Light Manufacturing District. · On the south block-face of Church Avenue are vacant parcels, a single-family dwelling, and two (2) duplexes zoned RM-1, Residential Multifamily, Low Density District. · Across 1 l'h Street to the west is an electrical contractor's business zoned LM, Light Manufacturing District. The request is consistent with the following recommended actions and statements of V/s/on 2001-2020, the City's Comprehensive Plan: · Housing stock: New residential development is constrained by the limited number and size of available sites (p.35). Housing opportunities: Sustainable neighborhoods require a competitive mix of affordable and market-rate housing opportunities (NH P7). · Tradit/onal neighborhoods: Houses should be consistent in terms of front yard setback and bulk (p.90). The future land use map of the Be/rnont-Fa//on IVeighborhoodP/an, adopted by City Council in January of 2003, shows industrial uses for the 1100 block of Church Avenue. However, it is important to note sections of the plan that help support this petition. The plan states: improve housing: At community workshops, participants cited the need to improve housing conditions as the highest priority for the neighborhood (p.13). Housing development: Future housing development should promote income diversity by focusing on market-rate housing and by encouraging home ownership (p.13). · Develop vacant lots: Many of the vacant lots (about 400) are good opportunities for new housing development (p.13). · Building location: Established building line of existing development should be used to guide placement of infill dwellings (p.33). Change industria/zoning: Where zoning is industrial, but the primary use is likely to remain residential, change zoning to a residential district (p.34). Market-rate housing:The primary focus for new development will be on market-rate housing, given current supplies of affordable housing in the neighborhood (p.35). · Design: New structures must be well-designed and compatible with existing buildings (p.35). · Zoning changes: Initiate zoning changes to support housing revitalization (p.36). There are currently two single-family houses located on opposite ends of the block face. The single-family dwellings are legally non- conforming uses. One structure is a one-story, 864 square-foot building set approximately 20 feet from the street. The second structure is a two- story, 1,337 square-foot building set approximately 10 feet from the street. The proffered condition provides that new dwellings will have a building line consistent with the existing houses on the block face. Furthermore, the petition provides "downzoning" the subject parcels to a residential district that is compatible with the existing land use and zoning pattern facing the subject parcels on the south side of Church Avenue. Single-family dwellings are the predominant land use in the 1200 block of Church Avenue as well. In reference to Exhibit 3 (the concept plan), the petitioner plans to retain the two (2) existing structures and construct three (3) new dwellings on the original platted lots. The six (6) vacant parcels have a total frontage of ~ 95 feet. Given the minimum lot frontage requirement of 50 feet in the RM-1, Residential Multifamily, Low Density District, a total of three (3) principal dwellings can be constructed on these parcels. Duplexes and townhouses are only allowed by special exception in a RM- 1 district. The three proffered conditions by the petitioner ensure new dwellings will be compatible with the massing and set-backs of the existing structures. In addition, the proffer adopting the majority of the neighborhood design standards will provide for quality new development. Three people spoke in opposition to the petition. Mr. Roger Brown stated he owns the Downtown Car Company, which owns currently vacant property adjoining the subject parcels. Mr. Brown expressed a concern that these lots be rezoned for residential uses while there are many existing vacant residentially zoned parcels other places in the neighborhood. He also stated he was concerned that there was no alley or buffer between a potentially intensive industrial use on his property and the subject parcels. He mentioned that operations could be noisy and 24- hours a day. Mr. Sherman Chisom and his son, Sherman Chisom, Jr. spoke about the safety and liability issues of having more residential dwellings in such close proximity to their electrical contractor's business at 225 11th Street. They stated that the rezoning would place more families with children close to their business, which increases the likelihood more children would play on 11th Street where their trucks travel and could potentially trespassing on their property. Planning Commission discussion centered on the following: Commending the petitioner on proffering conditions to implement neighborhood design standards. Consideration of the 10-foot landscaped buffer requirement for industrial uses when abutting residential uses and whether the residential rezoning would encroach on the adjacent LM, Light Manufacturing District. A further consideration was whether an alley could be created. Staff stated an alley would require a dedication and improvement of land up to City standards by the applicant. In addition, a Commissioner added the economic consideration that building code would dictate greater firewall requirements if a building were to be built on the property line and those requirements decrease when a building is set-back from the 4 Asking staff about the land uses further east on the 1200 block of Church Avenue. Staff responded that there are residential uses zoned LM, Light Manufacturing along the north face of the 1200 block of Church Avenue. Recommendation: By a vote of 6-1, the Commission recommended approval of the requested conditional rezoning, given the petition's proffered conditions and consistency with the prevailing land use pattern. 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 Elizabeth Neu, Director, Economic Development Paul and Sharon Crawford, Petitioners Tax Map Numbers 4111409 - 4111417 Subject Parcels 4111318 4111319 L 4111707 Second Amended Petition IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Rezoning of tracts of land lying between the 11th and 12th blocks on Church Ave. S.E., Roanoke, Va. Commonly known as 1102-1124 Church Ave. S.E., Roanoke, Va. 24013. With Tax I.D. numbers as follows: 4111409,4111410,4111411,4111412, 4111413,4111414,4111415,4111416,4111417,consisting of nine (9) lots, from LM, Light Manufacturing, District to RM-1, Residential Multifamily, Low Density, District. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Patti and Sharon Crawford, owns land in the City of Roanoke containing 0.707 acres, more or less, located at 1102-1124 Church Ave. S.E., Roanoke; Tax I.D. numbem: 4111409, 4111410,4111411,4111412,4111413,4111414,4111415, 4111416,4111417. Said tracts are currently zoned LM, Light Manufacturing, District. A map of the property to be rezoned is attached as Exhibit 1. 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 RM-1, Residential Multifamily, Low Density, District for the purpose of building and constructing three (3) new houses. 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 increase the taxable amount on this property, with six (6) out of nine (9) lots now being vacant. Petitioner agrees that if the property is rezoned it will be subject to the following conditions: Due to the location of the principal structures at Official Tax Map number 4111409 and Official Tax Map Number 4111417, any principal structure shall he set between ten (10) and twenty (20) feet back fi'om the fight-of-way of Church Avenue. The width of new dwellings shall not exceed thirty (30) feet. New dwellings shall conform to the Neighborhood Design District standards for new construction contained in Subsections (b) through (f), inclusive, of Section 36.1-393 of the Zoning Ordinance. (Subsection (a) shall not apply.) Attached as Exhibit 2 are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to and immediately across a street or road from the property to be rezoned. Attached as Exhibit 3 is the concept plan. 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 2nd day ~o~September, 2004 Paul & Sharon Crawford 1449 Lakeridge Circle Troutville, Va. 24175 540-977-1270 0~/30/20B4 11:29 5403668702 CALDk~J_L ~HITE ASSC PAGE 02 106 101.63' 101.63' .... ;~05' The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times .................................................. ROANOKE CITY CLERK'S 215 CHURCH AVE. RM 456 ATT: MARY PARKER, C5 ROANOKE VA 24011 REFERENCE: 80023382 03490054 Rezonin9 Church 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~¥ginia. Sworn and subscribed before me this I~a~ of Septemper 2004. Witness my hand and -offic~al seal. r __1~_ ~/~/~ ~0 ~/t No t a r y Public M~[c ° mini ~s~° ~P~r~7~-. PUBLISHED ON: 09/03 09/10 TOTAL COST: 269.92 FILED ON: 09/10/04 .................................................. + ........................ NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Heating on Monday, September 20, 2004, at 7:00 p.m., in the Council Chamber in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., on the question ofrezoning from LM, Light Manufacturing District, to RM-1, Residential Multifamily, Low Density District, subject to certain proffers, the following property: Those certain tracts of land lying on Church Avenue, S.E., between 11th and 12th Street, S.E., and designated as Official Tax Nos. 4111409 through 4111417, inclusive. 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 heating, contact the City Clerk's Office, 853-2541, by Thursday, September 16, 2004. GIVEN under my hand this is/: dayof September ,2004. Mary F. Parker, City Clerk. Notice to Publisher: Publish in the Roanoke Times once on Friday, September 3, 2004, and once on Friday, September 10, 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 Ciw 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 September 9, 2004 File #51 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Mr. and Mrs. Paul Crawford 1449 Lakeridge Circle Troutville, Virginia 241 75 Dear Mr. and Mrs. Crawford: 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 your request that certain tracts of land located on Church Avenue, S. E., between 11th and 12th Street, identified as Official Tax Nos. 4111409 -4111417, inclusive, be rezoned from LM, Light Manufacturing District, to RM-1, Residential Multi-family, Low Density District, subject to certain condition proffered by the petitioners. For your information, I am enclosing copy of a report of the City Planning Commission an'd 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:\CKEWI\Public Hearings 2004\September 2004\September 2004 At~rney and Adjoining Propety Owners Letters.doc Mr. and Mrs. Paul Crawford September 9, 2004 Page 2 It will be necessary for you, or your representative, to be present at the September 20 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, Stephanie M. Moon, CMC Deputy City Clerk Enclosure N:\CKEWI~Public Hearings 2004\September 2004~September 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 September 9, 2004 File #51 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Mr. and Mrs. Sherman Chison Ms. Victoria A. Jones Mr. Larry D. Ashby Mr. and Mrs. Otho AItice Ms. Patsy R. Meadows Liberty Investments Downtown Car Co. Mr. T. R. McFarland Shepard Properties The JOCO Foundation Mr. and Mrs. Robert Hammonds Richard Nichols, President Southeast Action Forum 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, September 20, 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 Paul and Sharon Crawford that certain tracts of land located on Church Avenue, S. E., between 1 lth and 12th Street, identified as Official Tax Nos. 4111409- 4111417, inclusive, be rezoned from LM, Light Manufacturing District, to RM-I, Residential Multi-family, Low Density District, subject to certain conditions proffered by the petitioners. 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:\CKEWI~Public Hearings 2004\Septeraber 2004\September 2004 Attorney and Adjoining Proper3, Owners Letters.doc Interested Property Owners and/or Adjoining Property Owners September 9, 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, Deputy City Clerk N:\CKEWI\PubIic Heatings 2004\September 2004\September 2004 Attorney and Adjoining Propety Owners Letters.doc MARY F. PARKER, CMC Ci~ 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~¢i.ro anoke.va.us September 3, 2004 File #5 t STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Robert B. Manetta, Chair City Planning Commission 2831 Stephenson Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Manetta: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a second amended petition received in the City Clerk's Office on September 2, 2004, from Paul and Sharon Crawford requesting that certain tracts of land located at 1102 - 1124 Church Avenue, S. E., containing 0.707 acre, more or less, identified as Official Tax Nos. 4111409 - 411141 7, inclusive, be rezoned from LM, Light Manufacturing District, to RM-1, Residential Multi-family, Low Density District, subject to conditions proffered by the petitioners. Sincerely, Stephanie M. Moon, CMC Deputy City Clerk SMM:ew Enclosures N:~CKEWl\Rezonings - Street Alley Closing 04~July 2004~Paul and Sharon Crawford.seeond amendment.doc Robert B. Marietta September 3, 2004 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Mr. and Mrs. Paul Crawford, 1449 Lakeridge Circle, Troutville, Virginia 241 75 Susan S. Lower, Director, Real Estate Valuation Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney N:\CKEW 1LRczonings - Street Alley Closing 04x July 2004~Paul and Sharon Crawford.second amendment.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, August 19, 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 Paul and Sharon Crawford that tracts of land lying on Church Avenue, S.E., between 11th and 12th Street, S.E., and designated as Official Tax Nos. 4111409 through 4111417, inclusive, be rezoned from LM, Light Manufacturing District, to RM- 1, Residential Multifamily, Low Density 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, August 3 and August 10, 2004 Please bill 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: Paul and Sharon Crawford, Church Avenue, S.E. Tax Nos. 4111409-4111417, inclusive, from LM to RM-1, 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, 0950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 19th day of July, 2004, notices of a public hearing to be held on the 19th day of August, 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 4111318 4111319 Sherman & Jewell Chison 310 Pheasant Run Lane Vinton, VA 24179 4111401 4111402 4111406 4111407 4111408 Downtown Car Company 2875 Summit Ridge Road Roanoke, VA 24012 4111403 Victoria A. Jones 3841 Brookrun Drive Roanoke, VA 24012 4111404 4111405 T. R. McFarland 981 Apple Orchard Lane Troutville, VA 24175 4111501 Larry David Ashby 1213 Kirk Avenue, SE Roanoke, VA 24013 4111514 Shepard Properties P O Box 12012 Roanoke, VA 24022 4111701 4111702 4111703 Virginia A. & Otho Altice 1103 Church Avenue, SE Roanoke, VA 24013 4111704 4111705 4111706 4111707 The JOCO Foundation 312 Burruss Hall Blacksburg, VA 24061 4111708 4111709 4111710 4111801 Patsy R. Meadows Robert & Amanda Hammonds Liberty Investment 1012 12th Street, SE Roanoke, VA 24013 1123 Church Avenue, SE Roanoke, VA 24013 6893 Campbell Drive Salem, VA 24153 Also: Richard Nichols, President SE Action Forum 1620 Kirk Avenue, SE Roanoke, VA 24013 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 19th day of July, 2004. Notary Pul~ic My Commission Expires: ~-~D ~'--~)--~ MARy F. PARKER, CMC City Clerk CITY OF ROANOKF, OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-malE clerk~¢i.ro anok¢.v~us July 16, 2004 File #51 STEPHANIE M. MOON Deputy City Cl~rk SHEILA N. HARTMAN Assistant City Clerk Robert B. Manetta, Chair City Planning Commission 2831 Stephenson Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Manetta: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an amended petition received in the City Clerk's Office on July 14, 2004, from Paul and Sharon Crawford requesting that certain tracts of land located at 1102 - 1124 Church Avenue, S. E., containing 0.707 acre, more or less, identified as Official Tax Nos. 4111409 - 411141 7, inclusive, be rezoned from LM, Light Manufacturing District, to RM-1, Residential Multi-family, Low Density District, subject to a condition proffered by the petitioners. Sincerely, Mary F. Carker, CMC City Clerk MFP:sm Enclosures Robert B. Manetta July 16, 2004 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Mr. and Mrs. Paul Crawford, 1449 Lakeridge Circle, Troutville, Virginia 24175 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 H:~R~zonings - S~'eet Alley Closing 04~July 2004~Paul and Sharon Crawford.first amendment.doc First Amended Petition IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Rezoning of tracts of land lying between 11th and 12th Street S.E., on Church Ave. S.E., Roanoke, Va. Commonly known as 1102-1124 Church Ave. S.E., Roanoke, Va. 24013. With Tax I.D. numbers as follows: 4111409,4111410,4111411,41114t2, 4111413,4111414,4111415,4111416,4111417,consisting of nine (9) lots, from LM, Light Manufacturing, District to RM-1, Residential Multifamily, Low Density, District. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Paul and Sharon Crawford, owns land in the City of Roanoke containing 0.707 acres, more or less, located at 1102-1124 Church Ave. S.E., Roanoke; Tax I.D. numbers: 4111409, 4111410,4111411,4111412,4111413,4111414,4111415, 4111416,4111417. Said tracts are currently zoned LM, Light Manufacturing, District. A map of the property to be rezoned is attached as Exhibit 1. 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 RM-1, Residential Mnltifamily, Low Density, District for the purpose of building and constructing three (3) new houses. 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 increase the taxable amount on this property, with six (6) out of nine (9) lots now being vacant. Petitioner agrees that if the property is rezoned it will be subject to the following condition: Pursuant to Section 36.1 -403 of the Zoning Ordinance, the maximum front yard depth for any principal structure shall not exceed 20 feet from the right-of-way of Church Avenue. Attached as Exhibit 2_ are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to and immediately across a street or road from the property to be rezoned. Attached as Exhibit 3_ is the concept plan. 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 13th day of July, 2004. Respectfully Submitted, Paul & Sharon Cmwford 149 Lakeridge Circle Troutville, Va. 24175 540-977-1270 5403E, r~8782 CALDWELL ~HITE PAC~ 02 106,72' 101.65' ~ 101.63' 105' .... ~'o5' ~.~ .... ~05' 05/30/2804 11:29 CALD'~JELL WHITE ASSC PAGE 82 10%63' 101.6,3' (;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: clcrk@ci.roanoke.v~us July 2, 2004 File #51 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk 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 July 1,2004, from Paul and Sharon Crawford requesting that certain tracts of land located at 1102 - 1124 Church Avenue, S. E., containing 0.707 acre, more or less, identified as Official Tax Nos. 4111409- 4111417, inclusive, be rezoned from LM, Light Manufacturing District, to RM-I, Residential, Multi-family, Low Density District, subject to a condition proffered by the petitioners. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosures Robert B. Manetta July 2, 2004 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Mr. and Mrs. Paul Crawford, 1449 Lakeridge Circle; Troutville, Virginia 24175 Susan S. Lower, Director, Real Estate Valuation Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney N:\CKEW1 ~Rezonings - S~eet Alley Closing 04X July 2004~Paul and Sharon Crawford.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: clcrk@ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk September 24, 2004 File #514 Thomas J. Dalzell Member, Board of Directors Habitat for Humanity in the Roanoke Valley 403 Salem Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Dalzelh Your communication requesting that a public hearing on the request of Habitat for Humanity in the Roanoke Valley to permanently vacate, discontinue and close a ten foot wide alley, adjoining parcels of land bearing Official Tax Nos. 2130504, 2130505, 2130506 and 2240102, and lying parallel to 12th Street, N. W., be continued until March, 2005, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, September 20, 2004. The Mayor and Members of Roanoke City Council concurred in your request and the public hearing was continued until March, 2005. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Thomas J. Dalzell September 24, 2004 Page 2 pc: David A. Camper, President, Habitat for Humanity, Board of Directors 403 Salem Avenue, S. W., Roanoke, Virginia 24016 Rhoda Patrick Stewart, P. O. Box 6064, Christiansburg, Virginia 24068 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 Building homes in partnership with God's people in need. IN THE ROANOKE VALLE~ Board of Directors David Camper President Cindy Gray Vice President F. Wiley Hubbell Treasurer Jonathon Grace Secretary John Blanton HelenRuth Burch Ron Cronise Tom Dalzell Don Davis Wait Derey Greg Feldmann Bob Holland Kathy Killian Sandy Light Randall Lundy David McCray Jeff Parkhill Melinda Payne Linda Pharis James Rucker Robert Turcotte Chip Warsaw Karen L. Mason Executive Director Jean A, Darby Program Director Janice Fridley Executive Assistant W. Edward Powell Construction Manager Tim Gardner Asst, Const, Manager Julie Holt Volunteer Coordinator Maria W, Gilmer Store Director Brent Talmadge Store Manager 403 Salem Avenue * Roanoke, VA 24016 (540)344-0747 Fax: (540) 343-1492 www.habitat-roanoke.org 16 September 2004 City of Roanoke Office of City Clerk 215 Church Avenue, SW, Room 456 Roanoke, Virginia 24011-1536 ATTN: Ms Stephanie M. Moon REF: File# 514 Dear Ms. Moon: Your letter dated 9 September 2004 notified Habitat for Humanity in the Roanoke Valley that our request to permanently vacate discontinue and close a portion of a ten-foot alley, adjoining Official Tax Nos. 2130504-2130506 inclusive and 2240102, and lying parallel to 12th Street, NW was to be heard by the Roanoke City Council at a public meeting on 20 September 2004. This letter is to request a continuance of this matter until a later date. A continuance to March 2005 would be appreciated. Sincerely, HABITAT FOR HUMANITY iN THE ROANOKE VALLEY Thomas J. ~zell Member, Board of Directors Copyto: Ms. Karen Mason, Executive Director Mr. David Camper, President Architectural Review Board Board of Zoning Appeal~ Plannin~ Commission CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning~ci.roanoke.va.ns September 20,2004 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 Habitat for Humanity, represented by David A. Camper, President, Board of Directors, that a portion of a 10' wide alley, adjoining parcels bearing Official Tax Nos. 2130504, 2130505, 2130506 and 2240102, and lying parallel to 12th Street, N.W., be permanently vacated, discontinued and closed. Planning Commission Action: Planning Commission public hearing was held on Thursday, August 19, 2004. After discussion and public comment, the Planning Commission failed to recommend the street closure request, by a roll call vote of 0-7. Background: The petitioner requests vacation of a portion of an unimproved alley that spans southeast to northeast between Syracuse Avenue and Andrews Road, N.W. The petitioner owns all of the land on each side of the subject portion of alley, Official Tax Nos. 2130504, 2130505, 2130506 and 2240102. The impetus for this petition is the petitioner's desire to subdivide these parcels and develop a public street with ingress and egress from 12th Street, N.W. The petitioner needs to acquire this portion of alley to establish ownership of all land that the proposed street will be built upon and dedicated to the City. Mr. Rife asked the petitioner if they had considered connecting their proposed street to an existing street since Vision 2001-2020 recommends such connectivity. The petitioner replied that it would be cost prohibitive to connect the street to another. The petitioner also informed Mr. Williams that the land was donated to them. Mr. Townsend advised Mr. Scholz that the crucial issue in staff's recommendation is that six of the 12 lots will be within the 100-year flood plain. Mr. Williams asked if this pamel could be developed with access to 14th Street or another existing street. Staff replied that it is possible, but that it would be difficult no matter where ingress and egress were constructed. Mrs. Prince asked if the pamel were in the Neighborhood Design District and staff confirmed that it was. Three citizens spoke (Harris Greene, 1201 Syracuse Avenue; Silverine James, no address given, and Shidey Bethel, member Melrose Rugby Neighborhood Forum). Their concerns were that neighborhood residents were not involved in any discussions of the issue, development in the flood plain could be dangerous to future residents, and the petitioner has recently had problems maintaining one unfinished development. Mr. Williams asked the petitioner if the land could be sold. The petitioner replied that was possible, but that they could not afford to purchase smaller, more expensive parcels that may be available. The petitioner also said that they own land in Old Southwest, but had been unable to develop it due to the design regulations of the historic district. Mrs. Prince commented to the petitioner that it would be possible to develop its lots in Old Southwest and they should pursue such. The petitioner stated that they met with the Melrose-Rugby Neighborhood Forum three years ago, and also held two meetings recently with residents. The petitioner stated the difference between the sale and assessment value of their houses, with the latter being much greater. The petitioner stated that recently they have changed the design of their houses to make them more compatible with the neighborhood and that most of the houses will not be in the flood plain. Considerations: The petitioner's properties on the southern side of the alley, Official Tax Nos. 2130504 - 2130506 inclusive, are zoned RM-1, Residential Multifamily, Low Density District. The petitioner's other property, Official Tax No. 2240102, is zoned RS-3, Residential Single-family, High Density District. All of the properties are also within the overlay Neighborhood Design District. The petitioner's properties are all vacant. The petitioner intends to develop 12 single-family houses by subdividing a portion of Official Tax No. 2240102. Most of the parcel is within the 100-year flood plain. Under the petitioner's current proposal, six of the proposed lots and two of the structures will be developed in the flood plain. A public street will be built in the subdivision with ingress and egress from 12th Street. The proposed right-of-way is 50 feet wide with a cul-de-sac at its terminus. Curb, gutter and sidewalk are required for this new street by the subdivision ordinance. Goals and strategies listed in the Residential Development and Infrastructure sections of the Melrose-Rugby Neighborhood Plan state: "1.3: Ensure that new and converted housing fits in with existing housing." "1.12: Encourage infill development of vacant lots with market rate housing." "5.6: Include design features ~n road construction plans that maintain a unified neighborhood and provide for pedestrian and bicycle traffic." Since the adoption of the neighborhood plan, the Neighborhood Design District zoning regulations were adopted as well. The regulations of the district ensure that the design of houses in the subdivision will be compatible with the neighborhood. The future land use map of the neighborhood plan calls for single-family residential development on the southern portion of Official Tax No. 2240102. The parcel is demarcated on the map by the 100-year flood plain. The northern portion of the parcel is in the flood plain and its recommended use is open space and recreation. The petitioner's proposed street design is not in keeping with Goal 5.6 of the neighborhood plan noted above, Cul-de-sac streets are not compatible with traditional neighborhoods such as Melrose-Rugby that were developed in a grid street system. Cul-de-sacs generally do not foster pedestrian or bicycle friendly streetscapes, The subdivision that would result from the vacation of the alley would be a disconnected and isolated enclave with little to no circulatory relationship to the neighborhood. While as it is currently designed the petitioner's proposal only has two of the 12 houses and some portion of six of the 12 proposed lots within the flood plain, the proximity of the subdivision to the floodplain and floodway of Lick Run and the amount of added impervious surface created by the new development may exacerbate any flooding that does occur along this tributary of the Roanoke River. To facilitate the placement of a significant number of new housing units within such proximity to the floodway and flood plain of Lick Run runs counter to previous City efforts to acquire and remove structures located along the Lick Run floodway and flood plain down stream from this location. Staff received comments from AEP, Verizon, and Roanoke Gas. All stated they have no facilities in the alley and no opposition to the request. Staff also received comments from the former Water Division of the Department of Public Works, which stated no objection to the request. Staff received questions from the Melrose-Rugby Neighborhood Forum regarding ingress and egress to the proposed subdivision, its location relative to the flood plain, the number of units proposed, and how the vacated alley will be used. Staff has responded to those questions, and has not received any further communication from anyone in the neighborhood. The Department of Real Estate Valuation assessed the value of the subject portion of alley at $1,750. Recommendation: By a vote of 0-7, the Commission failed to recommend approval of the requested closure. Vacation of this portion of alley and the resulting proposed development are not consistent with the Melrose-Rugby Neighborhood Plan. Vacation of the alley would set in motion a development pattern that would be detrimental to the convenient pedestrian and vehicular circulation in the neighborhood. Furthermore, concentrating 12 new development sites in such close proximity to the flood plain and floodway of Lick Run is not advisable. If Council were to approve the request, it is recommended that the petitioner be charged $1,750 for the subject portion of alley. In addition, the approval should be conditioned upon the following: The applicant shall redesign the subdivision so that no lots or residential structures are in the 100-year flood plain and a cul-de- sac street pattern shall not result. 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 William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attomey David Camper, President, Habitat for Humanity, Board of Directors Alley Vacation: Andrews Rd & Syracuse Ave, NW 2240103 2130701 2130703 2240102 2130418 2131209 Subject Alley 2130506 22305O7 2131211 213O501 2130511 223O6O5 2230606 223O607 223O611 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA INRE: ) ) Application of Habitat For Humanity ) for vacation of Alley ) MEMBERS OF COUNCIL: APPLICATION FOR VACATING, DISCONTINUING AND CLOSING OF ALLEY Habitat For Humanity, applies to have an alley located near the Intersection of 12t~ Street, N. W. and Syracuse Avenue, N. W. in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virgima Code Section 15.2-2006 and Section 30-14, Code of the City of Roanoke (1979), as amended. This alley is more particularly described on the map attached and as follows: A portion ora ten foot wide alley, adjoining Tax Map Nos. 2130504 through 2130506, and 2240102, all of which are owned by Habitat For Hamanity. Habitat for Humanity states that the grounds for this application are as follows: 1. The property to be vacated is presently a paper alley. 2. The applicant desires to use the property to be vacated for construction of a roadway to a proposed 12 lot subdivision. The road will be dedicated to the City as right-of-way. WHEREFORE, Habitat For Humanity respeet~lly requests that the above described alley be vacated bythe 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. Habitat For Humanity (David A. Camper) 403 Salem Avenue, SW Roanoke, Virginia 24016 Phone No. (540) 344-0747 Habitat For Humanity Date David A. Camper, President Board of Directors 0.15 acres L..~. 0.17 acres 64'21 'O0"W 10,88' HEREBY VACATED BEHIND EXIST. LOTS 4, 5, 6, AND 7. ACREAGE NOT TAKEN BY THE PROPOSED RIGHT OF WAY TO BE MADE PART OF PROPOSED LOTS 4A AND 6A. LOT 7 AND RESIDUE OF LOTS 6 TO BECOME UTILITY LOT 6A :ONTAINING 0.42 ACRES, 6A IS RESERVED AS EASEMENT LOT L~ES <~.0~ / ~, HEREBY VACATED / /"'~"~% :SIDUE OF LOTS 4 AND 5 // ~k~~\ /, TO BECOME UTILITY LOT 4A CONTAINING 0.18 ACRES, -..¥,, / LOT 4A IS RESERVED AS , A STORM WATER MGT. EASEMENT 0 60 MAP OF ALLEY VA CA TION ( IN FEET ) 1 [nch= 60 ft. L M W ,.c. Engineering /~u"eJ'tltecture 8urw~y~ng IDATE: 06/23/04 LMW COMM. 2647K NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Heating on Monday, September 20, 2004, at 7:00 p.m., or as soon thereafter as the matter maybe 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 tight-of-way, the following public right-of-way: That portion of a 10' wide alley, adjoining parcels beating Official Tax Nos. 2130504, 2130505, 2130506 and 2240102, and lying parallel to 12~h Street, N.W. 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, September 16, 2004. G1VEN under my hand this 1st dayof September ,2004. Mary F. Parker, City Clerk. Notice to Publisher: Publish in the Roanoke Times once on Friday, September 3, 2004, and once on Friday, September 10, 2004. Send affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 Send bill to: David A. Campber, President, Board of Directors Habitat For Humanity 403 Salem Avenue., S.W. Roanoke, Virginia 24016 (540) 344-0747 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times .................................................. HABITAT FOR HUMANITY IN THE RO 403 SALEM AVE ROANOKE VA 240i6 CITYCLERK'~4.~E~I~i~4 REFERENCE: 80122045 03489662 State of Virginia City of Roanoke Alley Closingl2th St 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 (~ayinia. Sworn and subscribed before me this of Septemper 2004. Witness my hand and official seal. ~ _~.~. ("~J/",-,~/~' F~7~ Notary Public PUBLISHED ON: 09/03 09/10 TOTAL COST: FILED ON: 245.82 09/10/04 NOtiCE OF FtJgi. IC NEARING TO WHOM ri' MAY CONCERN: I The Council of the City of Roanoke will hold a Public Hearing on Monday Sel tember 20, 2004, lit 7:E In the Council Chamber the Noel C. Taylor MunJ¢lpal Building, 215 Church fOllowing public rl~lt~f-wa lng Official Tax NOS. 2130504, 2130505, (3489~62) Authorized ~ A ~ ~ ~ S ignature:__~_~__~_~ .... ~ Billing Services Represent at±ye IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, AN ORDINANCE permanently vacating, discontinuing and closing 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 by title. WHEREAS, Habitat for Humanity 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 September 20, 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 fight-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That portion of a 10' wide alley, adjoining parcels bearing Official Tax Nos. 2130504, 2130505, 2130506 and 2240102, and lying parallel to 12th Street, N.W. be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any utility company or public authority, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sanitary sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across such public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that 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 One thousand seven hundred fifty dollars and no cents ($1,750.00) 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§12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk~ci.roanok¢.va.us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant Cit~ Clerk September 9, 2004 File #514 David A. Camper, President Habitat for Humanity, Board of Directors 403 Salem Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Camper: 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 Habitat for Humanity that a portion of a ten-foot alley, adjoining Official Tax Nos. 2130504 - 2130506, inclusive, and 2240102, and lying parallel to 12th Street, N. W., 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:\CKEW1 \Public Hearings 2004\September 2004\September 2004 Attorney and Adjoining Propety Owners Letters.doc David A. Camper September 9, 2004 Page 2 It will be necessary for you, or your representative, to be present at the September 20 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, Stephanie M. Moon, CMC Deputy City Clerk Enclosure N:\CKEWI~Public Hearings 2004~September 2004~September 2004 At~rney and Adjoining Propety Owners Let~ers.doc MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 153 6 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clcrk~ci.roanok¢.va.us September 9, 2004 File #514 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Mr. and Mrs. Harris Greene Ms. Estelle McCadden President Melrose-Rugby Neighborhood Forum Ms. Rhoda P. Stewart Ms. Vivian Parks Dear Mr. Greene and Ladies: 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, September 20, 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 Habitat for Humanity that a portion of aten-foot alley, adjoining Official Tax Nos. 2130504- 2130506, inclusive, and 2240102, and lying parallel to 12th Street, N. W., be permanently vacated, discontinued and closed. The City Planning Commission is recommending that Council deny the street closure request. If you would like to receive a copy of the report of the City Planning Commission, please call the City Clerk's Office at 540-853-2541. This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning, Building and Development at 540-853-1730. Sincerely, Stephanie M. Moon, CMC Deputy City Clerk N:\CKEWI\Public Hearings 2004~Septcmber 2004\September 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, August 19, 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 thc following: Request from Habitat for Humanity, represented David A. Camper, President, Board of Directors, that a portion ora 10' wide alley, adjoining parcels beating Official Tax Nos. 2130504, 2130505, 2130506 and 2240102, and lying parallel to 12th Street, N.W., 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 heating listed above. Martha P. Franklin, Secretary Planning Commission Please print in newspaper on Tuesday, August 3 and August 10, 2004 Please bill: David A. Camper, President. Board of Directors Habitat for Humanity 403 Salem Avenue, S.W. Roanoke, VA 24016 Please 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: Habitat for Humanity, Syracuse-12th Street, N.W.. )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 19th day of July, 2004, notices of a public hearing to be held on the 19th day of August, 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 2130502 Harris &Mabel Greene 2130503 Rhoda Patrick Stewart 2130504 Petitioner 2130505 2130506 2240102 Also sent to: Estelle McCadden, President Melrose-Rugby Neighborhood Forum 2128 Mercer Avenue, NW Roanoke, VA 24017 Vivian Parks 1020 20th Street, N.W. Roanoke, VA 24017 Martha Pace Franklin Mailinq Address 1201 Syracuse Ave., NW Roanoke, VA 24017 P O Box 6064 Christiansburg, VA 24068 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 19th day of July, 2004. MARY F. PARKER, CMC City Cl¢~ CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk~ci.roanoke.va.us July 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 July 1,2004, from Habitat for Humanity requesting that a portion of a ten-foot alley, adjoining Official Tax Nos. 2130504 - 2130506, inclusive, and 2240102, be permanently vacated, discontinued and closed. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosures pc: The Honorable Mayor and Members of the Roanoke City Council David A. Camper, President, Habitat for Humanity, Board of Directors, 403 Salem Avenue, S. W., Roanoke, Virginia 24016 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 H:kRezonings - Street Alley Closing 04k~reet and alley closures~Habitat for Humanity.doc IN THE COUNCIL OF THE CITY' OF ROANOKE, VIRGINIA Application of Habitat For Humanity ) for vacation of Alley ) MEMBERS OF COUNCIL: APPLICATION FOR VACATING, DISCONTINUINO AND CLOSING OF ALLEY Habitat For Humanity, applies to have an alley located near the Intersection of 12'~ Street, N. W. and Syracuse Avenue, N. W. in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Vir~nla Code Section 15.2-2006 and Section 30-14, Code of the City of Roanoke (1979), as amended. This alley is more particularly described on the map allached and as follows: A po~on ora ten Foot wide alley, adjoining Tax Map Nos. 2130504 through 2130506, and 2240102, all of which are owned by Habitat For Humanity. Habitat for Humanity states that the grounds for this application are as follows: 1. The property to be vacated is presently a paper alley. 2. The applicant desires to use the property to be vacated for construction of a roadway to a proposed 12 lcm subdivision. The road will be dedicated to the City as right-of-way. WHEREFORE, Habitat For Humanity respectfully requests that the above described alley be vacated bythe Council of the City of Roanoke, Virginia, m accordance with Virginia Code Section 15.2-2006 and Section 30-14, Code of the City of Roanoke (1979), as amended. Habitat For Humanity (David A. Camper) 403 Salem Avenue, SW Roanoke, Virginia 24016 Phone No. (540) 344-0747 Habitat For Humanity Date David A. Camper, P~sident Board of Directors 4 C~E.S ~'-~. 0.17 acres 10,88' 0.15 acres HEREBY VACATED BEHIND EXIST. LOTS 4, 5, 6, AND 7. ACREAGE NOT TAKEN BY ~IE PROPOSED RIGHT OF WAY TO BE MADE PART OF PROPOSED LOTS 4A AND 6A. LOT 7 AND RESIDUE OF LOTS 6 TO BECOME UTILITY LOT 6A 30NTAINING 0.42 ACRES. 6A IS RESERVED AS EASEMENT N E S VACATED :SIDUE OF LOTS 4 AND 5 TO BECOME UTILITY LOT 4A CONTAINING 0.18 ACRES. LOT 4A IS RESERVED AS A STORM WATER MGT. EASEMENT 0 60 MAP OF ALLEY VACATION ( IN FEET ) 1 inch = 60 ft. L 102 Alber~lrle Aw~ 240~ Englnee~n~ Ar(~lb~--ture 8un/~ylnGI ImwengQIrnw.ro~l~oxrnall.com IDATE: 06/2~/04 LMW COMM. 2647K LIST OF ADJOINING PROPERTY OWNERS Official Tax No./ Street Address Name of~perty Owner Mailing Address 2130503 Rhoda Patrick Stewart PO Box 6064 1530 12th St., NW Christiansburg, VA 24068 2130504 - 2130506, Habitat for Humanity 1701 Cleveland Ave, SW 2240102 Roanoke, VA 24016 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-I 145 E-mail: clerk~ci.roanoke.va.us September 24, 2004 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk File #28-221 Robert B. Manetta, Associate General Counsel Carillon Health System P. O. Box 40032 Roanoke, Virginia 24022 Dear Mr. Manetta: I am enclosing copy of Ordinance No. 36865-092004 authorizing the vacation of an ingress/egress easement and the vacation of certain water and sanitary sewer easements across Tax Map No. 4060301, located at 1906 Belleview Avenue, S. E., in exchange for new water and sanitary sewer easements which will be dedicated to the Western Virginia Water Authority, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 20, 2004, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosure Robert B. Manetta, Associate General Counsel Carilion Health System September 24, 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 Robert B. Manetta, Chair, City Planning Commission, 2831 Stephenson Avenue, S. W., Roanoke, Virginia 24014 Martha P. Franklin, Secretary, City Planning Commission Gary Robertson, Executive Director, Water Operations, Western Virginia Water Authority Michael T. McEvoy, Executive Director, Wastewater Services, Western Virginia Water Authority IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of September, 2004. No. 36865-092004. AN ORDINANCE authorizing the vacation of an ingress/egress easement and the vacation of certain water and sanitary sewer easements across Tax Map No. 4060301, located at 1906 Belleview Avenue, S.E., in exchange for new water and sanitary sewer easements which will be dedicated to the Western Virginia Water Authority, upon certain terms and conditions, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, appropriate documentation providing for the vacation of certain ingress/egress, water and sanitary sewer easements across Tax Map No. 4060301, located at 1906 Belleview Avenue, S.E., as more particularly described in the City Manager's letter to this Council dated September 20, 2004. 2. Vacation of the aforementioned easements is made expressly contingent on the property owner dedicating the new easements to the Western Virginia Water Authority. 3. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. O-WildwoodRd(vacateeasement) 121503 CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com September 20, 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: Vacation of Water and Sanitary Sewer Easements - Carilion Medical Center- 1906 Belleview Avenue, S.E. - Tax Map No. 4060301 The owners of property located at 1906 Belleview Avenue, S.E., identified as Tax Map No. 4060301 have requested that the City vacate water, sanitary sewer, and ingress/egress easements on the property. The Carilion Medical Center will be undergoing a major expansion of the facilities on the site which will necessitate that existing water and sanitary sewer lines be removed and relocated. Attached is a plat showing the easements to be vacated. The subject easements are no longer needed since the sanitary sewer and water lines will be relocated into new easements that will be dedicated to the Western Virginia Water Authority in locations consistent with the proposed facility expansion. The plat also shows an existing ingress/egress easement to be vacated. This easement is no longer needed by the City since it does not own the property formerly served by the easement. The plat has been reviewed by, and is acceptable to, the City Engineer. Recommended Action(s): Following a public hearing, authorize the City Manager to execute the appropriate documents vacating the existing water, sanitary sewer, and ingress/egress easements. The owners of the property will be Mayor Harris and Members of City Council September 20, 2004 Page 2 responsible for preparation of all necessary documents, approved as to form by the City Attorney. Respectfully submitted, Darlene L. Bur~ City Manager DLB:RBT:mpf Attachment C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Philip C. Schirmer, City Engineer Robert Manetta, Carilion Health Systems CM04-00151 T~TAI P.R2 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times CARILION HEALTH SYSTEM P. O. BOX 40032 ATTN: R.B. MENETTA ROANOKE VA 24022 UTY CLE ' SEP 17 1 REFERENCE: 80121687 03385004 Expansion/Belleview 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 ainia. Sworn and subscribed before me this of Septemper 2004. Witness my hand and official seal. ----4~,x--~ ..... tary Publ' PUBLISHED ON: 09/10 TOTAL COST: 159.06 FILED ON: 09/10/04 Authorized ~'-~. _~ , ~__~/~ ~ S ignature:___~/_.__~~_, Billing Se tv ices Representative NOTICE OF PUBLIC HEARING In connection with the expansion of the Carilion Medical Center facility known as Carilion Roanoke Memorial Hospital located at 1906 Belleview Avenue, S.E., and identified by Roanoke City Tax Map No. 4060301, the City of Roanoke proposes to vacate three (3) twenty foot (20') water line easements, one (1) twenty foot (20') sanitary sewer easement, and one (1) thirty foot (30') ingress/egress easement on such parcel which interfere with the expansion of the facility in exchange for relocated easements to be dedicated to the City. Pursuant to the requirements of§§l 5.2-180003), 1813, Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Monday, September 20, 2004, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. Further information is available from the Office of the City Clerk for the City of Roanoke at (540) 853-2541. Citizens shall have the opportunity to be heard and express their opinions on such matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday, September 16, 2004. G1VEN under my hand this 18 th day of ^ugus t ,2004. Mary F. Parker, City Clerk. H:/NOTICES/N-VACATIONOFEASEMENT- CARILI 0N092004 DOC Notice to Publisher: Publish in the Roanoke Times once on Friday, September 10, 2004. Send affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 Send bill to: Robert B. Manetta, Associate General Counsel Carillon Health System P. O. Box 40032 Roanoke, Virginia 24022 (540) 224-5065 CITy.. OF ROANOKE Off, ce of the City Clerk Mary F. Parker, CMC City Clerk September 24, 2004 File #60 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. 36866-092004 appropriating funds from the Capital Maintenance and Equipment Replacement Program (CMERP) and certain other funding appropriations and transfers, and amending and reordaining certain sections of the 2004-2005 General, Civic Facilities, Capital Projects, Fleet Management and Risk Management Funds Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 20, 2004, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment pc: Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of September, 2004. No. 36866-092004. AN ORDINANCE to appropriate funding from the Capital Maintenance and Equipment Replacement Program (CMERP) and to make other funding appropriations and transfers, amending and reordaining certain sections of the 2004-2005 General, Civic Facilities, Capital Projects, Fleet Management and Risk Management Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2004-2005 General, Civic Facilities, Capital Projects, Fleet Management and Risk Management Funds Appropriations be, and the same are hereby, amended as follows: General Fund Appropriations Center in the Square Jefferson Center Mill Mountain Theater Homeland Defense Project Lifesaver Sporting Events Special Projects CMERP - Equipment Purchases CMERP - Equipment Purchases CMERP - Equipment Purchases Transfer to Capital Projects Fund Transfer to Fleet Management Fund Transfer to Risk Management Fund Fund Balance Reserved for CMERP - City Reserved for Self-Insured Claims Revenues Recordation Tax Alcoholic Beverage Control Tax Wine Tax Commonwealth's Attorney Sheriff Commissioner of the Revenue Treasurer Street Maintenance City Jail Block Grant Law Enforcement (HB 599) 001-300-7220-3706 001-300-7220-3893 001-300-7220-3749 001-640-3114-2164 001-640-3114-2169 001-640-3114-2081 001-620-8170-2034 001-530-4160-9132 001-640-3113-9132 001-520-3213-9132 001-250-9310-9508 001-250-9310-9517 001-250-9310-9529 001-3323 001-3327 001-110-1234-0600 001-110-1234-0601 001-110-1234-0602 001-110-1234-0610 001-110-1234-0611 001-110-1234-0612 001-110-1234-0613 001-110-1234-0650 001-110-1234-0651 001-110-1234-0650 80,000 40,500 50,000 391 8,132 1,157 100,000 28,500 16,560 32,000 1,330,000 100,000 250,000 (1,351,240) (250,000) (30,000) ( 41,000) (6,000) 21,000 150,000 6,000 6,000 113,000 287,000 (70,000) Civic Facilities Fund Appropriations Appropriated from General Revenue Retained Earnings Retained Earnings Available for Appropriation Capital Projects Fund Appropriations CMERP - Equipment CMERP - Equipment CMERP - Equipment CMERP - Equipment CMERP - Equipment CMERP - Equipment CMERP - Equipment Purchases Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Revenues Transfer from General Fund Fund Balance Residual Equity Transfer Purchases Purchases Purchases Purchases Purchases Purchases Fleet Management Fund Appropriations CMERP - Equipment Purchases Revenues Transfer from General Fund Risk Management Fund Revenues Transfer from General Fund Retained Earnings Reserve for Self-Insured Claims 005-550-8624-9003 005-3348 008-310-9737-9132 008-310-9799-9132 008-440-9854-9132 008-530-9781-9132 008-530-9782-9132 008-620-9758-9132 008-620-9759-9132 008-530-9678-9003 008-530-9567-9003 008-530-9821-9003 008-530-9798-9132 008-530-9736-9003 008-110-1234-1037 187,000 (187,000) 80,000 100,000 814,000 100,000 100,000 121,000 15,000 95,022 (95,022) 1,100,000 145,000 (145,000) 1,330,000 008-3337 (1,100,000) 017-440-2642-9132 017-110-1234-1037 019-110-1234-1037 019-3327 100,000 100,000 250,000 25O,OOO Pursuant to the provisions of Section 12 of the City Charter the second reading of this ordinance by title is hereby dispensed with. City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com September 20, 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: Capital Maintenance and Equipment Replacement Program (CMERP) Background: Section 2-189 of the City Code establishes a reserve from the year-end general fund balance for the funding of capital improvements and capital maintenance and equipment replacement. The amount reserved from the undesignated fund balance is calculated as ten (10) percent of total general fund appropriations less any sums paid for general fund debt service during the fiscal year. CMERP funding available for appropriation totals $1,501,240. Revenue from the Commonwealth of Virginia will increase $436,000 above the estimate established with the adoption of the FY 2004-05 General Fund budget. The total of all funding sources available for appropriation is $1,937,240. In addition, $1,100,000 of residual equity from the close-out of the Water and Sewer funds needs to be appropriated from the Capital Project Fund balance to the Municipal Building North Renovations project. Mayor Harris and Members of City Council September 20, 2004 Page 2 During FY 2003~04, funding in the amount of $95,022 was transferred from the Fire- EMS Facility Improvement Program project to the Police Building Phase II project to facilitate building design and property acquisition needs. This funding needs to be restored to the Fire-EMS project account from funding appropriated in advance of bond issuance. Funding in the amount of $145,000 budgeted in the National Pollution Discharge Elimination System (NPDES) project account will be used by Transportation - Streets and Traffic for contracted services for storm drain maintenance/repair and the purchase of a storm drain trailer unit. Section 2-188.1 Reserve for self-insured liabilities, Code of the City of Roanoke (1979), as amended, stipulates that, at the conclusion of each fiscal year, two hundred fifty thousand dollars ($250,000) to the extent available from any undesignated General Fund balance at the end of such fiscal year, shall be reserved for selflinsured liabilities of the City. The maximum balance of the reserve is three percent of the total General Fund appropriations for the concluded fiscal year. As such, at June 30, 2004, $250,000 was reserved in the General Fund for self-insured liabilities. Considerations: A list of CMERP funding recommendations is attached (Attachment 1) and addresses the following categories: · Contributions $350,500 · Carryover Funds 109,680 · Capital Improvements 1,111,000 · Equipment 116,060 · Technology 150,000 · Fleet Management 100,000 Total $1,937,240 Department CMERP funding requests totaled approximately $8.9 million, excluding technology and vehicular related items. Requests for technology related items/initiatives totaled an additional $3.2 million. Technology requests are reviewed and prioritized by the Information Technology Committee, and a separate report will recommend appropriation of funds for technology needs. All vehicular requests are reviewed by the Fleet Management Division Manager and evaluated based upon an approved set of replacement criteria. Mayor Harris and Members of City Council September 20, 2004 Page 3 Recommended Action: Authorize the Director of Finance to make the following revenue adjustments in the amount of $436,000. Recordation Tax (001-110-1234-0600) (30,000) Alcohol Beverage Control Tax (001-110-1234-0601) (41,000) Wine (Liter) Tax (001 -110-1234-0602) (6,000) Commonwealth's Attorney (001 -110-1234-0610) 21,000 Sheriff/Jail (001-110-1234-0611) 150,000 Commissioner of the Revenue (001-110-1234-0612) 6,000 Treasurer (001~110-1234-0613) 6,000 Street Maintenance (001-110-1234-0650) 113,000 City Jail Block Grant (001-110-1234-0651) 287,000 Local Law Enforcement (001-110-1234-0658) (70,000) Appropriate $1,100,000 from Capital Projects Fund Balance to the Municipal North Renovation project. Transfer funding in the amount of $95,022 from the Police Building Phase II project account (008-530-9567-9003) to the Fire-EMS project account (008-530-9678-9003). Transfer funding in the amount of $145,000 from the NPDES project account (008- 530-9736-9003) to a new account to be established in the Capital Projects Fund. Appropriate $250,000 reserved in the General Fund for self-insured liabilities to be transferred to the Risk Management Fund. Establish a revenue estimate of the same amount in the Risk Management Fund representing this transfer. City Council concur with the CMERP funding recommendations and appropriate funding to the proper accounts as detailed on the attachment. Respectfully submitted, Darlene L. Burc'~ham City Manager C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sherman M. Stovall, Director of Management and Budget CM04-00162 Attachment 1 Capital Maintenance and Equipment Replacement Program (CMERP) Recommended Expenditures - Justification Contributions/Commitments - $350,500 Grandin Theater - $80,000 - Funding is the third of five installments and will be utilized to fulfill the City's obligation to the Grandin Theater revitalization. Total Action Aqainst Poverty/Dumas - $100,000 - Funding will provide the second of five planned installments to support the renovation of the Dumas facility. 3. Center in the Square - $80,000 - This funding will provide support to upgrade the Center's security system. 4..lefferson Center- $40,500 - This funding will provide partial support for the installation of an integrated fire protection and security system. 5. Mill Mountain Theater - $50,000 - Funding will provide assistance for the upgrade of the performance stage. Carryover Funds - $1 09,680 Police - $9,680 - This funding is a carryover of FY2003-04 unobligated mini-grants and donations that must be expended based on the intended purpose. Parks and Recretion/Youth Services - $100,000 - This funding is a carryover of FY 2003-04 funds and will be used primarily to support the conversion of the Preston Park Recreation Center to a Teen Center. Equipment - $116,060 Traffic Enqineerinq- Traffic signal controllers and cabinets - $28,500 - Funding will be utilized to purchase equipment for replace of damaged equipment as needed. 2. Police - Firearms - $16,560 - This funding will be used to purchase forty (40) firearms for new officers to maintain operational readiness. 3. Libraries - Secirity/Fire System - $39,000 - These funds will be utilized to purchase a security/fire system for branch libraries. 4. Fire/EMS - High Rise Fire Fiqhtinq Packs - $32,000 - These funds will be utilized to purchase sixteen (16) high rise fire fighting packs. Capital Improvements - $1,111,000 Facilities Management - Building Maintenance - $775,000 a..Jail Roof Replacement - $600,000 - This funding will provide for the replacement of the jail roof to include asbestos abatement. b. Jail Kitchen Floor Replacement - $75,000 - This funding will be utilized to replace the floor of the jail kitchen. c. Buildinq Condition Assessment Proqram (BCAP) - $100,000 -This funding will provide for the next phase of the BCAP program. 2. Parks a. & Recreation - $136,000 Preston Park Improvements - $91,000 - This funding will provide for improved parking and ADA access at Preston Park. Garden City Recreation Center Improvements - $30,000 - This funding will provide for improvements to the recreation center floor, installation of a wheelchair ramp and restroom ADA rehabilitation. c. Roanoke Park Wa~indinq and Safety Signage - $15,000 - This funding will provide signage for trails and greenways in the parks. 3. Enqineerinq - $200,000 a. Downtown Roanoke Drainaqe Study - $100,000 - This funding will provide for a study of the needed improvements to drainage in the downtown area. b. Downtown Roanoke Drainaqe Contract Labor - $100,000 -This funding will provide contract labor to provide maintenance for the downtown drainage system. Technoloqy - $150,000 Funding will supplement Department of Technology retained earnings and be used to address technology needs. A separate report will be prepared by the Information Technology Committee (ITC). Fleet Manaqement- $100,000 Fleet Management will recommend replacement/acquisition of vehicles based on established approved criteria in separate reports which will be presented to City Council as required. CMERP funds in the amount of $100,000 and Fleet Management funds in the amount of $1,575,000 included in the Fleet Management budget and designated for fleet replacement will be utilized for total funding of $1,675,000 to purchase recommended vehicles. Total General Fund CMERP- $1,937,240 Civic Facilities - $I 87,000 Civic Facilities Retained Earnings will be used for: 1. Auditorium stage floor repairs - $14,000 2. Auditorium concession stands - $60,000 3. Coliseum concourse ceiling project - $54,000 4. Coliseum concourse flooring - $59,000 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times .................................................. + ........................ MARY PARKER CITY OF ROANOKE - CITY CLERK MUNICIPAL BLDG RM 456 ROANOKE VA 24011 REFERENCE: 10154151 03566236 State of Virginia City of Roanoke Public Notice 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 ,~4~ginia. Sworn and subscribed before me this I~~ of Septemper 2004. Witness my hand and 6fficial seal. ~ ~ ~.~f~e~s ~__Notary P~_blic PUBLISHED ON: 09/10 279.70 09/10/04 CITY CLERK 17 10 TOTAL COST: FILED ON: NOTICE OF PUBLIC HEARIN~ 11~e Counci{ of the City of Roanoke wilt consider a pmpeaal to adjust the aggregate amount of Rs W 200~*'200S annual budget in the following respectS, In connect on with appropriation of NOKE fonds ~,tS cap.., M,,nto.a.ce ~.d E.u,pment Replacement program (CMERP): ~ ADO~ I~COMMENDED $2~t,776,ooo Civic FaclIRies Fund $5,~72'°35 $~87,ooo Risk Management Fund $~3,725,6t7 Not to Exceed $57~,ooo Technology Fund $5,6~3'29~ St,~oo,ooo C.~0".t Project Fund . ---' ~- 2-a=o7, Cad'of virginia (~95o), as ~mend. e,d., pllrsuant to the reqmrem~n?, *.~.a:~._-..~f the 0h' of Roanoke wilt hole a puauc ~ is he~eby,glven_l_.~..~ ~ondav, September 2o, aaa3, at 7:o.0, ~,m., Munici at Buikling, ~5 Chuzch Avenue, SW Roanoke, goe~ C. Taylor P : .... #-.~ uou may contact the Office of nd interested c~itizens may appear on the above date and heard on the matter. I[you..~re~ .P~e~o~n~c~U;;~o~53.~54, before t2:oo le GIVEN under my hand this ~oa day of September, 2oo4. Maw F. Parker, City CLerk: ¢IT.Y..OFRO_..ANOKE Off~¢~ of th~ ~3~t¥ ~lork Mary F. Parker, CMC City Clerk September 29, 2004 File #60-226-349 Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke which was held on Monday, September 20, 2004, it was the consensus of Council that the $100,000.00 appropriated pursuant to Ordinance No. 36866-092004 for Total Action Against Poverty/Dumas will not be dispensed until certain questions regarding sources of financing for the project are addressed to the satisfaction of the City Manager. Mary F. Parl~er, CMC City Clerk MFP:ew pc: TheodoreJ. Edlich, III, President, Total Action Against Poverty, P. O. Box 2868, Roanoke, Virginia 24001-2868 Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget CITY OF R O/INOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk September 29, 2004 File #67-122-132 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke which was held on Monday, September 20, 2004, a request of Mill Mountain Theater for additional operating funds was referred to the City Manager and to fiscal year 2005-2006 budget study. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew pc: Jere L. Hodgin, Director, Mill Mountain Theatre, 1 Market Square, S. E., Roanoke, Virginia 24011 Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk September 29, 2004 File #67-122-132 Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia William M. Hackworth City Attorney Roanoke, Virginia Dear Ms. Burcham and Mr. Hackworth: At a regular meeting of the Council of the City of Roanoke which was held on Monday, September 20, 2004, Ms. Judy Ferguson, 1713 Coveland Drive, N. W., addressed Council in opposition to the proposed methadone clinic on Hershberger Road, N.W. She raised specific questions with regard to expiration of the business license and status of the Certificate of Occupancy issued by the City. In view of the number of questions raised by Ms. Ferguson, the Mayor requested that she provide her inquiries in writing to the City Clerk for referral to the City Manager and the City Attorney for response. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 F~x: (540) 853-1145 E-mail: clerk~ci.roanoke.va.us September 24, 2004 File #15-110-448 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Mr. Earnest C. Wilson, Jr. 1520 Lonna Drive, N. W. Roanoke, Virginia 24019 Dear Mr. Wilson: At a regular meeting of the Council of the City of Roanoke which was held on Monday, September 20, 2004, you were appointed as a member of the Roanoke Neighborhood Advocates, for a term ending June 30, 2007. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue,'S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each appointee is required "to read and become familiar with provisions of the Act." Mr. Earnest C. Wilson, Jr. September 24, 2004 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a member of the Roanoke Neighborhood Advocates. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosures Dc: Carl D. Cooper, Chair, Roanoke Neighborhood Advocates, 3601 Round Hill Avenue, N.W.,Roanoke, Virginia 24012 Robert A. Clement, Jr., Roanoke Neighborhood Neighborhood Development Specialist Partnership, COMMONWEALTH OF VIRGINIA) ) CITY OF ROANOKE ) To-wit: I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the twentieth day of September, 2004, EARNEST C. WILSON, JR., was appointed as a member of the Roanoke Neighborhood Advocates, for a term ending June 30, 2007. Given under my hand and the Seal of the City of Roanoke this twenty- fourth day of September, 2004. City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Earnest C. Wilson, Jr., do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Neighborhood Advocates, 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. BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT BY ., DEPUTY CLERK L:\CLEKK\DATA\CKEW1 \oath and leaving serviceW, oanoke Neighborhood Advocates\Earnest C Wilson Jr oath letter.doc MARY F. PARKER, CMC City Clerk CITY OF ROANOI E OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk~ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk September 29, 2004 File #110-32 Mr. Harry F. Collins, Sr. 6603 Northway Drive, N. W. Roanoke, Virginia 24019 Dear Mr. Collins: At a regular meeting of the Council of the City of Roanoke which was held on Monday, September 20, 2004, you were reappointed as a member of the Local Board of Building Code Appeals, for a term ending September 30, 2009. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2-3702, Code of Virginia(1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each appointee is required "to read and become familiar with provisions of the Act." Mr. Harry F. Collins September 29, 2004 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue your service to the City of Roanoke as a member of the Local Board of Building Code Appeals. Mary F. Parker, CMC City Clerk MFP:ew Enclosures pc: Patti Hanes, Secretary, Local Board of Building Code Appeals Stephanie M. Moon, Deputy City Clerk COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the twentieth day of September, 2004, HARRY F. COLLINS, SR., was reappointed as a member of the Local Board of Building Code Appeals, for a term ending September 30, 2009. Given under my hand and the Seal of the City of Roanoke this twenty-ninth day of September, 2004. City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Harry F. Collins, Sr., 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 Local Board of Building Code Appeals, for a term ending September 30, 2009, according to the best of my ability (So help me God). Subscribed and sworn to before me this __ day of 2004. BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT BY , DEPUTY CLERK