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Council Actions 02-22-05
Cut/er $6964-022205 ROANOKE CITY COUNCIL REGULAR SESSION FEBRUARY 22, 2005 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order--Roll Call. The Invocation was delivered by Council Member Alfred T. Dowe, Jr. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor C. Nelson Harris. Welcome. Mayor Harris. NOTICE: Today's Council meeting will not be televised live. The meeting will be replayed on Channel 3 on Thursday, February 24, 2005, at 7:00 p.m., and Saturday, February 26, 2005, at 4:00 p.m. (Closed captioning will not be available.) ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., OR CALL 853-2541. THE CITY CLERK'S OFFICE PROVIDES THE MAJORITY OF THE CITY COUNCIL AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT WWW. ROANOKEVA.GOV, CLICK ON THE ROANOKE CI'FY 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 ALLO'I-FED THREE MINUTES. ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMII-I'EE IS REQUESTED TO CONTACT THE CITY CLERK'S OFFICE AT 853-2541, OR ACCESS THE CITY'S HOMEPAGE AT WWW.ROANOKEVA.GOV, TO OBTAIN AN APPLICATION. 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: Resolution memorializing the late Irvin Cannaday, Jr. Adopted Resolution No. 36964-022205. (7-0) File #80-367 2 CONSENT AGENDA C-1 C-2 C-3 C-4 Approved (7-0) ALL MA'I-rERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. Minutes of the regular meeting of Council held on Monday, January 3, 2005, and recessed until Thursday, January 13, 2005. RECOMMENDED ACTION: Dispense with the reading of the minutes and approve as recorded. Minutes of meetings of the Audit Committee held on Thursday, October 7, 2004, and Monday, December 20, 2004; and the Greater Roanoke Transit CompanyAudit Committee held on Monday, December 20, 2004. RECOMMENDED ACTION: Receive and file. File #55-300 A communication from Mayor C. Nelson Harris requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in the request. File #110-132 A communication from Mayor C. Nelson Harris requesting that Council convene in a Closed Meeting to discuss a special award, being the Shining Star Award, pursuant to Section 2.2-3711 (A)(IO), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in the request. File #132 3 C-5 A communication from the General Registrar with regard to using DRE (Direct Recording Electronic) voting machines for In Person voting in the Central Absentee Precinct to be implemented at the Primary Election inJune 2005. RECOMMENDED ACTION: Receive and file. File #40 C-6 A communication from Althea L. Pilkington tendering her resignation as a member of the Roanoke Neighborhood Advocates. RECOMMENDED ACTION: Accept resignation and receive and file File #15-488 communication. C-7 C-8 A communication from Robert B. Manetta tendering his resignation as a member of the Architectural Review Board. RECOMMENDED ACTION: Accept resignation and receive and file File #15-249 communication. Qualification of the following persons: Maureen P. Castern as a member of the Roanoke Neighborhood Advocates, for a term ending June 30, 2007; Bryan Grimes Creasy as a member of the Fair Housing Board, for a term ending March 31,2007; Fredrick M. Williams as a member of the City Planning Commission, for a term ending December 31,2008; and Brian Jo Wishneff as a City representative to Virginia's First Regional Industrial Facility Authority, and as a member of the New River Valley Commerce Park Participation Committee. RECOMMENDED ACTION: Received and filed. File #15-110-1 78-200-488-526 REGULAR AGENDA 4. PUBLIC HEARINGS: NONE. 5. PETITIONS AND COMMUNICATIONS: NONE. 4 6. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: Acceptance of Heavy and Tactical Rescue Team Grant funds, in the amount of $42,857.00, from the Virginia Department of Fire Programs. Adopted Budget Ordinance No. 36965-022205 and Resolution No. 36966-022205. (7-0) File #60-70 Adoption and implementation of a Plan for Participation in Procurement Transactions of Small Businesses and Businesses Owned by Women and Minorities. Adopted Resolution No. 36967-022205. (7-0) File #360 Adoption of a resolution endorsing the First Street Bridge Improvement Project. Adopted Resolution No. 36968-022205. (7-0) File #77-102 Adoption of a resolution abolishing the Transportation Safety Commission. Adopted Resolution No. 36969-022205. (7-0) File #316 Approval of amendments to the 2004-2005 and 2002-2003 Annual Updates to the Consolidated Plan. Adopted Resolution No. 36970-022205. (7-0) File #200-424 Appropriation of Virginia Department of Transportation Six- Year Improvement Program project funds; and execution of agreements with applicable Federal and State agencies. Adopted Budget Ordinance No. 36971-022205 and Resolution No. 36972-022205. (7-0) File #60-77-331 o Execution of a Subgrant Agreement with the Blue Ridge Housing Development Corporation, Inc., in connection with the 2005 World Changers Project. Adopted Resolution No. 36973-022205. (7-0) File #1 78 Transfer of funds in connection with the cost of additional chemicals to be used for snow removal. Adopted Budget Ordinance No. 36974-022205. (7-0) File #60-410 7. REPORTS OF COMMI'I-FEES: Request of the Roanoke City School Board for appropriation of funds to various school accounts; and a report of the Director of Finance recommending that Council concur in the request. Kenneth F. Mundy, Executive Director of Fiscal Services, Spokesperson. Adopted Budget Ordinance No. 36975-022205. (7-0) File #60-467 UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 6 10. MOTIONS AND MISCELLANEOUS BUSINESS: Inquiries and/or comments by the Mayor and Members of City Council. Council Member Wishneff commended Council Member Lea who represented the City of Roanoke on Monday, February 21, 2005, for hosting members of the Tuskegee Airmen, an all-black aviation unit whose pilots never lost a bomber to enemy fire in more than 1500 missions during World War II. File #80-132 Council Member Lea commended the City Manager and City employees in connection with the City's first talent show which was held on Friday, February 18, 2005, at the Roanoke Civic Center. File #80-184 Vice-Mayor Fitzpatrick expressed appreciation to the City Manager for completion of the installation of lighting around the memorial to Roanoke's fallen police officers on Campbell Avenue, S. W. File #5 Council Member Cutler called attention to a press conference which was held on Tuesday, February 22, 2005, announcing that the Roanoke County Fire and Rescue department and the City of Roanoke Fire/EMS department will expand regional cooperation to include the Mount Pleasant and north Williamson Road areas. File #70-378 7 Dr. Cutler also called attention to continuing progress on the Colonial Green development and expressed appreciation to the developer for working with residents of the area to protect and increase the width of the buffer between existing housing and the new development, while retaining the mixed use character of the project. File #178-450 The Mayor called upon Sheriff George McMillan for a presentation on the Offender Reentry Program and the Jail Contract Bed Program which represent examples of outstanding performance by a Constitutional Officer. File #121 b. 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-I'ERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. Ms. Rhonda Conner, 1509 Patterson Avenue, S. W., owner of several rental properties in the City of Roanoke, requested an explanation as to why bulk solid waste collection is provided at all of her rental properties with the exception of one. File #144 Mr. Chris Craft, 1501 East Gate Avenue, N. E., extended an invitation to the Members of Council to attend the annual Easter Egg Hunt sponsored by First Baptist Church on March 26, 2005 at Victory Stadium. He advised of the need to remove debris from an area along Tinker Creek and 13th Street, N. E. File #144 8 1 2. CITY MANAGER COMMENTS: The City Manager commended City employees who participated in the City's first talent show on Friday, February 18, 2005, which provided an opportunity to showcase the many talents of City employees. She advised that it is anticipated that a second talent show will be held in 2006. The City Manager advised that the City of Roanoke has been invited to make a presentation at the next meeting of the Minority Supplier Development Council in March 2005 in recognition of Roanoke's efforts to promote small business application of the procurement policy. The City Manager advised that expansion of Fire/EMS services to the Mount Pleasant and north Williamson Road areas is another example of regional cooperation by the City of Roanoke and Roanoke County that will improve the level of service for both city and county residents. She commended the Chiefs of Fire/EMS in Roanoke City and Roanoke County for their efforts to promote further regional cooperation. File #70-104-184-360-378-497 CERTIFICATION OF CLOSED SESSION. (7-0) The following persons were appointed/reappointed to boards and commissions: Roanoke Arts Commission File #348 Cathy C. Greenburg to fill the unexpired term of Courtney A. Penn, resigned, ending June 30, 2007. Industrial Development Authority File #15-110-207 Stuart H. Revercomb to fill the unexpired term of William L. Bova, resigned, ending October 20, 2005 Personnel and Employment Practices Commission File #15-110-202 Stephen S. Willis for a term ending June 30, 2007 League of Older Americans Advisory Committee File #15-110-243 Vickie F. Briggs for a term ending February 28, 2006 Parks and Recreation Advisory Board File #15-67-110 Robert C. Jones, Thomas Pettigrew, Christene A. Montgomery, Sharon L. Stinnette, and Sherley E. Stuart for terms ending March 31, 2008 Architectural Review Board File #15-110-249 Lora Katz to fill the unexpired term of Robert B. Manetta, resigned, ending October 1,2006. THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL 7:00 P.M., IN THE CITY COUNCIL CHAMBER. ROANOKE CITY COUNCIL REGULAR SESSION FEBRUARY 22, 2005 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order -- Roll Call. The Invocation was delivered by Vice-Mayor Beverly T. Fitzpatrick, Jr. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Harris. Welcome. Mayor Harris. NOTICE: Tonight's Council meeting will not be televised live. The meeting will be replayed on Channel 3 on Thursday, February 24, 2005, at 7:00 p.m., and Saturday, February 26, 2005, at 4:00 p.m. (Closed captioning will not be available.) Proclamation declaring the month of March 2005 as DeMolay Month. File #3 A communication from the City Manager recommending adoption of a resolution expressing support for the nomination of the Blue Ridge Parkway for the National Scenic Byway All American Road program. Adopted Resolution No. 36976-022205. (7-0) File #67-564 A. PUBLIC HEARINGS: Request of The Scott Robertson Memorial Fund that the easternmost 250 feet of Densmore Road, N. W., be closed and discontinued by barricade. Richard B. Burrow, Volunteer, Spokesperson. Adopted Ordinance No. 36977-022205. (7-0) File #514 Request of the Western Virginia Water Authority that portions of Bennington Street, Brownlee Avenue, Kindred Street, and Underhill Avenue, S. E., and associated alleys south of the Roanoke Regional Wastewater Treatment Plant be permanently vacated, discontinued and closed. Michael T. McEvoy, Executive Director, Spokesperson. Adopted Ordinance No. 36978-022205. (7-0) File #514 Request of Rockydale Quarries Corporation for amendment of the Southern Hills Neighborhood Plan, a component of Vision 2001-2020, the City's Comprehensive Plan, to accommodate a recent boundary line adjustment and other changes in the text of the Plan. Maryellen F. Goodlatte, Attorney. Adopted Ordinance No. 36979-022205. (7-0) File #165 Request of Rockydale Quarries Corporation to rezone 62.4277 acres, more or less, consisting of 15 tracts of land located along Franklin Road, Old Rocky Mount Road, Welcome Valley Road and Van Winkle Road, S. W., from RS-l, Residential Single-Family District, RS-3, Residential Single-Family District, and C-1, Office District, to HM, Heavy Manufacturing District, and from HM, Heavy Manufacturing District, to RA, Residential Agricultural District, subject to certain conditions proffered by the petitioner. Maryellen F. Goodlatte, Attorney. Adopted Ordinance No. 36980-022205. (7-0) File #51 Request of Rockydale Quarries Corporation to permanently vacate, discontinue and close that portion of Draper Road from its intersection with U. S. 220 North (Franklin Road) to its terminus at Old Rocky Mount Road; that portion of Old Rocky Mount Road from its terminus on the westerly side of Official Tax No. 5370109, north to a distance of 1032.66 feet to Official Tax No. 5370106; and that portion of Welcome Valley Road from its intersection with Old Rocky Mount Road east to an approximate distance of 130.00 feet along Official Tax No. 5390110. Maryellen F. Goodlatte, Attorney. Adopted Ordinance No. 36981-022205. (7-0) File #514 Proposal of the City of Roanoke to amend the boundaries of Enterprise Zone One A, Enterprise Zone One A local incentives, and Enterprise Zone Two and its Subzone local incentives. Darlene L. Burcham, City Manager. Adopted Resolution No. 36982-022205, (6-0 Dr. Cutler was not in the Council Chamber when the vote was recorded.) and Ordinance Nos. 36983-022205 and 36984- 022205. (7-0) File #266 Proposal of the City of Roanoke to convey an easement across City- owned property to Appalachian Power Company at the Roanoke Civic Center facilities. Darlene L. Burcham, City Manager. Adopted Ordinance No. 36985-022205. (7-0) File #28-192-433 13 B. OTHER BUSINESS: 1.(a) Petition for appeal of a decision by the Architectural Review Board, filed by Jessie and Margret Taylor, with regard to erection of a metal carport at 34 Gilmer Avenue, N. E. File #249 (b) Report of the Architectural Review Board with regard to the above referenced petition for appeal. Robert N. Richert, Chair. Based upon evidence presented on February 22, 2005, Council voted to affirm the decision of the Architectural Review Board on December 9, 2004, as set forth in a letter dated December 14, 2004, and that no Certificate of Appropriateness be issued to allow a metal carport at 34 Gilmer Avenue, N. E., to be constructed as requested in the Petition for Appeal, on the ground that the proposed shape, material and design of the carport would not be in keeping with the historic guidelines or character of the neighborhood. (5-2, Council Members Wishneff and Lea voted no.) File #249 C. HEARING OF CITIZENS UPON PUBLIC MA'I-rERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. MA'I-rERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. Mr. Thomas Ruff, 731 Wildhurst Avenue, N. E., expressed concern with regard to noise from a tow truck at all hours of the day and night which has disrupted the quality of life in the neighborhood. He requested that the City Code be amended to prohibit the parking of tow trucks in residential neighborhoods. File #5-24-530 14 Mr. Robert Craig, 701 12th Street, S. W., extended an apology to Vice-Mayor Fitzpatrick in connection with certain statements contained in a letter to the Editor of 7'he Roano/ce Times regarding the matter of bringing trolleys back to downtown Roanoke. He stated that vendors in the City Market Building should be informed of the Council's interim decision to not allow franchise vendors in the Market Building. He expressed various concerns with regard to the City's method for assessing real property. File #42-79-162-555 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of February, 2005. No. 36964-022205. A RESOLUTION memorializing the late Irvin (Earl) Cannaday, Jr., a Roanoke native and former Assistant Principal at Woodrow Wilson Middle School. WHEREAS, the members of Council learned with sorrow of the passing of Mr. Cannady on Monday, February 7, 2005; WHEREAS, Mr. Carmady was a native and life-long resident of Roanoke; WHEREAS, Mr. Cannady was educated at Harrison Elementary and graduated from Addison High School; WHEREAS, before college, Mr. Cannady was a machinist and laborer for Norfolk Western Railroad; WHEREAS, Mr: Cannady received a B.A. from West Virginia State College and an M.A. fi.om Columbia University, and studied at the University of Virginia, Virginia State University, Randolph Macon and Radford University; WHEREAS, Mr. Cannady was a World War II veteran, serving in the 25th Infantry of the 93rd Blue Helmet Division, and was honorably discharged as first sergeant; WHEREAS, Mr. Cannady began his teaching and coaching career at Carver High School in Salem, Virginia, where he started the first football team, coached football for 18 years and basketball for 20 years, and led his teams to win many district titles; WHEREAS, Mr. Cannady coached and taught at his alma mater, Addison High School for 14 years, and left coaching and teaching in 1970 to be the Assistant Principal at Woodrow Wilson Middle School, a position in which he remained until his retirement; WHEREAS, Mr. Cannady received many awards during his 45 years as an educator, including five school annual yearbook dedications, Outstanding Secondary Educator's Award for nine consecutive years, top producer for the YMCA membership drive, the key to the City of Roanoke for meritorious service, and Father of the Year for Roanoke Valley in 1978 for Youth Leadership; WHEREAS, Mr. Cannady was named Father of the Year at First Baptist Church in 1996 where he was a lifetime member and former Trustee; WHEREAS, Mr. Cannady directed former Congressman M. Caldwell Butler's Summer Intern Selection Committee, and received many honors including Anchor of Hope High Street Baptist Church Volunteer Award, The Martin Luther King Humanitarian Award, and NAACP Lifetime Achievement Award; and was inducted into West Virginia State College Coaches Hall of Fame for his outstanding coaching career; WHEREAS, Mr. Cannady retired as an educator in 1995 al~er 45 years of dedicated service, and loved working with children, always referring to them as "Blessings from God," and tried to make every child feel special. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Irvin (Earl) Cannaday, Jr., and extends to his family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Cannady's widow, Rheba Cannady, of Roanoke, Virginia. ATTEST: City Clerk ROANOKE CITY COUNCIL January 3, 2005 9:00 a.m. The Council of the City of Roanoke met in regular session on Monday, January 3, 2005, at 9:00 a.m., in the Emergency Operations Center Conference Room, Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., City of Roanoke, with Mayor C. Nelson Harris presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-! 5, Rules of Procedure, Rule 1, Regular Meetings, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 36762-070604 adopted by the Council on Tuesday, July 6, 2004. PRESENT: Council Members Brenda L. McDaniel, M. Rupert Cutler, Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., Sherman P. Lea, and Mayor C. Nelson Harris ........................................................................................................ 6. ABSENT: Council Member Brian J. Wishneff- ............................................... 1. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City Clerk. COMMI'I-FEES-CITY COUNCIL: A communication from Mayor C. Nelson Harris requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to §2.2-3711 (A)(1), Code of Virginia (1950), as amended, was before the body. Mr. Fitzpatrick moved that Council concur in the request to convene in Closed Meeting as above described. The motion was seconded by Mr. Cutler and adopted by the following vote: AYES: Council Members McDaniel, Cutler, Fitzpatrick, Lea, and Mayor Harris ......................................................................................................................... 5. NAYS: None ..................................................................................................... O. (Council Member Wishneff was absent and Council Member Dowe was not present when the vote was recorded.) CITY COUNCIL: A communication from Council Member Alfred T. Dowe, Jr., Chair, City Council Personnel Committee, requesting that Council convene in a CIosed Meeting to discuss the mid-year performance of three Council- Appointed Officers, pursuant to §2.2-3711 (A)(1), Code of Virginia (1950), as amended, was before the body. 2 Mr. Fitzpatrick moved that Council concur in the request to convene in Closed Meeting as above described. The motion was seconded by Ms. McDaniel and adopted by the following vote: AYES: Council Members McDaniel, Cutler, Lea, Fitzpatrick, and Mayor Harris ......................................................................................................................... 5. NAYS: None ..................................................................................................... O. (Council Member Wishneff was absent and Council Member Dowe was not present when the vote was recorded.) CITY COUNCIL: 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 §2.2-3711 (A)(3), Code of Virginia (1950), as amended, was before the body. Mr. Fitzpatrick moved that Council concur in the request to convene in Closed Meeting as above described. The motion was seconded by Ms. McDaniel and adopted by the following vote: AYES: Council Members McDaniel, Cutler, Lea, Fitzpatrick, and Mayor Harris ........................................................................................................................ 5. NAYS: None ...................................................................................................... O. (Council Member Wishneff was absent and Council Member Dowe was not present when the vote was recorded.) ITEMS LISTED ON THE 2:00 P.M., COUNCIL DOCKET REQUIRING DISCUSSION/CLARIFICATION, AND ADDITIONS/DELETIONS TO 2:00 P.M., AGENDA: NONE. TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL: Council Committee Assiqnments: COUNCIL-COMMITTEES-PARKS AND PLAYGROUNDS-ROANOKE ARTS COMMISSION-HOUSING/AUTHORITY-RAIL WALK-RADIO/TELEVISION- SCHOOLS- SISTER CITIES- HOTEL ROANOKE CONFERENCE CENTER-AIRPORT-GREENWAYS: Roanoke Arts Commission: Council Member Cutler advised that the Roanoke Arts Commission is pleased with the recent action taken by Council to adopt a policy with regard to procurement of art from the City Art Show. He inquired about the status of the contract for the Public Arts Plan. 3 The City Manager responded that the contract was awarded to the firm that was recommended by the Roanoke Arts Commission; the Chair of the Arts Commission is of the impression that Council authorized a full time employee to staff the activity; however, the City Manager advised that that was not her understanding of the Council's position, therefore, a member of the City's Communications staff was assigned to work with the Arts Commission on the Public Arts Plan. She advised that the Chair of the Arts Commission has asked to review the credentials of the staff person, however, the City Manager stated that it is her position that the staff assignment will be made by the City Manager. She noted that the contract has been approved and the City is ready to proceed with the Public Arts Plan. Mill Mountain Zoo: Council Member Cutler inquired about the status of parking at Mill Mountain Zoo; whereupon, the City Manager advised that a meeting was held to discuss various options and a plan is proposed that would add a sufficient number of parking spaces. She stated that the Executive Director of the Mill Mountain Zoo reports that the challenge exists with regard to daily parking for visitors to the Zoo and special event parking can be addressed by using shuttle buses; and the Executive Director is of the opinion that between 1OO- 150 additional parking spaces are needed. The City Manager advised that the proposed plan would include the area that is currently blocked off, it would require trucks to come in through the rear entrance in order to provide "soft parking", and it would also require employees to park in the rear area, thereby allowing current employee parking at the entrance to the Zoo to be used for visitor parking. She stated that the proposed plan will be presented to the Board of Directors of the Mill Mountain Zoo and to the Mill Mountain Advisory Committee. Roanoke Redevelopment and Housing Authority: Vice-Mayor Fitzpatrick advised that he serves as Council's liaison to the Roanoke Redevelopment and Housing Authority (RRHA). He called attention to discussions regarding the need to reach a consensus on the role of the City of Roanoke and the Redevelopment and Housing Authority with regard to housing; the RRHA has adopted a Memorandum of Understanding; the City Manager has reviewed the City's role in housing as perceived by the City; and the RRHA has been requested to provide its concept as to how the Housing Authority perceives housing in order to determine if a collective plan can be developed. Rail walk: Vice-Mayor Fitzpatrick advised that the rail walk is envisioned to be a walkway that takes visitors from Center in the Square on the City Market to the Virginia Museum of Transportation and vice versa; and initial discussions involved the inclusion of artifacts regarding the rail history of the Roanoke Valley; however, no such artifacts were included in the design of the rail walk. He stated that an effort is underway to connect the railroad element of Roanoke's history with various kinds of railroad artifacts; Norfolk Southern Railway has offered various kinds of railroad artifacts such as equipment and signals, etc., and a flatcar was recently accepted from Norfolk Southern that will become a stage. He added that work continues on the rail walk which will tie in with the Henry Street .area; also under consideration is a profile of African-American and Caucasian railroad workers depicting their job functions, along with the various railroad artifacts; Norfolk and Western Railway Iogos that have been donated to the City will be appropriately displayed and the goal is to extend the rail walk past the Norfolk and Western Shops to Shaffer's Crossing, including an explanation of the function of the yard. In a discussion of the matter, the City Manager advised of plans to bring the Lick Run Greenway up and across The Hotel Roanoke property and over to the O. Winston Link Museum; and two options have been discussed; i.e.: over the pedestrian bridge at The Hotel Roanoke or across the Second Street Bridge. She stated that the most logical location would be the pedestrian bridge at The Hotel Roanoke. Roanoke Regional Cable Television Committee: Council Member Lea reported on his appointment as a member of the Roanoke Regional Cable Television Committee and advised that major issues that have been discussed relate to leases He stated that he has been pleased with the progress of cable television in the Roanoke Valley. Schools: The Mayor advised that he, the City Manager, the Chair of the Roanoke City School Board, and the Acting Superintendent of Schools, continue to hold monthly breakfast meetings to discuss administrative issues and ways that the Council and the School Board may be of mutual assistance. The Mayor invited Council Members to provide him with any items that they would like to address with the School Board. He stated that in January 2005, 12 middle school students will visit the City of Roanoke for approximately three weeks from Roanoke's Sister City of Wonju, Korea; and host families have been arranged and students will participate in the International Baccalaureate (lB) Program at William Ruffner Middle School and other extracurricular activities. He advised that during the summer of 2005, the City of Roanoke will send 12 students toWonju for three weeks as a part of a student exchange program. The Mayor explained that a committee will explore ways in which to provide similar student exchange programs in conjunction with Roanoke's other Sister Cities; and a future press conference will be held to highlight the 12 Wonju exchange students, to discuss the opportunity for Roanoke's students to visit Korea in the summer of 2005, and to address a student exchange program with Roanoke's other Sister Cities. The City Manager called attention to two administrative support functions that are currently being explored with the school administration; i.e.: a committee of technology staffs from the City and the School system will submit recommendations regarding future technology needs of the two organizations; the City's Human Resources staff will conduct a review of classified school personnel and the Roanoke City Public Schools will provide a small amount of funds to help defray the cost of staff [or the study. Vice-Mayor Fitzpatrick suggested a review of the feasibility of combining City and School Human Resources functions. The Mayor noted that there is a hesitancy on the part of the School Board to make major decisions until the new Superintendent of Schools is hired. Hotel Roanoke Conference Center Commission: The Mayor advised that he serves as a member of The Hotel Roanoke Conference Center Commission. He stated that Virginia Tech is currently involved in the construction of a small conference center on the campus, The Inn at Virginia Tech, and called attention to a plan involving the sharing of staff of The Hotel Roanoke Conference Center and The Inn at Virginia Tech as a way to guard against the two facilities competing against each other. He added that if Council Members would like more information on the arrangement, he would be pleased to respond. Roanoke Regional Airport Commission: The Mayor called attention to discussions with representatives of the Roanoke County Board of Supervisors with regard to establishing regular meetings with the three regional boards that are composed of representatives of the City of Roanoke and Roanoke County; i.e.: Roanoke Valley Resource Authority, Western Virginia Water Authority and the Roanoke Regional Airport Commission. He stated that a meeting will be held in 2005 with the Western Virginia Water Authority; it has been some time since a meeting was held with representatives of Roanoke City, Roanoke County and the Roanoke Regional Airport Commission, and the Chair advises that the Airport Commission would welcome the opportunity to hold regular meetings with the Members of City Council and the Board of Supervisors. Therefore, he stated that a meeting of Council and the Board of Supervisors with the Roanoke Regional Airport Commission has been scheduled for Monday, March 7, 2005, at 12:00 p.m. Among other things, he advised that the Airport Commission would like to address what would happen if U. S. Air goes out of business. Dr. Cutler reported on information he received from Federal Aviation Administration (FAA) staff during a recent tour of the airport control tower in which it was stated that the radar equipment at the Roanoke Regional Airport is less than the best. He asked that the matter be discussed with the Airport Commission at the joint meeting; whereupon, the Mayor requested that the item be added to the agenda. Vice-Mayor Fitzpatrick advised that the Airport Commission has requested approval by the Virginia General Assembly to change the name of Roanoke's regional airport to an international airport. He explained that Roanoke would qualify as an international airport because some international flights are routed through Roanoke, and there could be some future benefits for Roanoke to be known as an international airport, while not changing the regional flavor and continuing to carry the name of Woodrum Field. The Mayor advised that five persons currently serve on the Roanoke Regional Airport Commission, three from the City of Roanoke and two from Roanoke County; and in order to strengthen the connection between the Roanoke Valley and the New River Valley, he stated that it has been proposed that membership on the Airport Commission be increased by two positions from the New River Valley. He requested that the City Attorney research the founding documents for the Roanoke Regional Airport Commission and advise as to actions that need to be taken to expand membership. The Mayor reported that he, the City Manager, the Chair of the Roanoke County Board of Supervisors and the County Administrator held regular meetings during the year 2004. He noted that Michael W. Altizer will serve as incoming Chair of the Board of Supervisors and meetings will continue to be held to discuss avenues of joint cooperation between Roanoke City and Roanoke County. He stated that issues regarding Explore Park, convergence of the public library administrations, a joint Fire/EMS facility, and an amphitheater at Explore Park have been discussed. Dr. Cutler referred to a map showing the Roanoke River Greenwaywhich was prepared by City staff and requested a staff briefing on the feasibility of designating the entire length of the Roanoke River throughout the City of Roanoke as one park, or parkway, or river walk. He stated that the City of Roanoke should take advantage of the Roanoke River as a recreational and conservation opportunity. The City Manager advised that the briefing is scheduled for the month of February 2005. The Mayor advised that the General Services Administration (GSA) has made a decision with regard to the relocation of the new Social Security Administration office to a location near the Roanoke Regional Airport and not at the site that was previously offered by the City in downtown Roanoke. He stated that at some point in the future, GSA representatives will brief City representatives on factors that led to the GSA's decision. 7 The City Manager requested that the Mayor and a Member of Council of the Mayor's choosing attend the meeting with GSA officials, and Congressman Goodlatte, or his representative, has indicated an interest in participating in the meeting. The City Manager called attention to previous concerns expressed by Council regarding consolidation of State offices which could be a precursor to moving some State offices out of downtown Roanoke. She stated that Delegate William Fralin has discussed the matter with the State Secretary of Administration, and has arranged for her to meet with the Secretary to discuss plans which are currently in the beginning stages. Council Member McDaniel inquired as to the total number of employees that would be leaving the downtown Roanoke area if the Social Security Administration office moves to another location. The City Manager responded that the issue involves more than Social Security Administration employees inasmuch as plans for the building include the Department of Rehabilitative Services, the Social Security administration and a third entity. She stated that staff will tally the numbers which will most likely be in the range of 200 employees. COUNCIL-SCHOOLS: Items for discussion at the joint meetinq of Council and the School Board on Monday, February 7, 2005, at 9:00 a.m.: Council Member McDaniel requested a report on the Roanoke City Public Schools Education Foundation, Inc., and Council Member Lea advised that he previously submitted a list of questions to the School administration with regard to the Education Foundation. Ms, McDaniel also requested a briefing on the status of school uniforms. The Mayor suggested that any additional agenda items be submitted to the City Clerk. COUNCIL-ARCHITECTURAL REVIEW BOARD: Items for discussion at the joint meeting of Council and the Architectural Review Board on Monday, February 7, 2005, at 12:O0 p.m.: No agenda items were submitted. HOUSING/AUTHORITY-HABITAT FOR HUMANITY: Council Member Cutler inquired about applying and implementing City of Roanoke architectural standards to homes constructed by Habitat for Humanity in the Roanoke Valley. The City Manager responded that Council might wish to schedule a meeting with local Habitat for Humanity representatives to present the City's expectations with regard to future Habitat homes. She stated that at a recent meeting with officials of the State Department of Housing and Community Development officials were surprised and disappointed at the appearance of Habitat for Humanity homes that are being constructed in the City of Roanoke; and State officials presented impressive photographs of attractive Habitat for Humanity homes that have been constructed in other urban areas throughout lhe State. She added that the City of Roanoke hopes to enlist the assistance of the State Director of Habitat for Humanity with local Habitat officials to encourage a different type of housing design for the Roanoke area. She explained that it would be hoped that Habitat homes would not be constructed in a particular section of the City, because the City is more interested in Habitat homes that are constructed as infill housing in the various neighborhoods; and she expressed a concern with regard to the density with which Habitat houses are constructed in some neighborhoods which is out of keeping with the character of the neighborhoods. Question was raised as to how Council could be of assistance in addressing the concerns; whereupon, the City Manager called attention to a meeting which is scheduled in the near future with the Executive Director of the Roanoke Redevelopment and Housing Authority and Gregory Feldmann, a member of the Board of Directors of Habitat for Humanity in the Roanoke Valley and a Commissioner of the Roanoke Redevelopment and Housing Authority, to discuss ways in which to move past the impasse that seems to exist with Habitat for Humanity and following the meeting she will be in a better position Io respond to the question of Council. Briefinqs: Trolley update: TROLLEY SYSTEM: David A. Morgan, General Manager, Valley Metro, advised that some time ago, the City Manager requested that the Greater Roanoke Transit Company conduct an analysis on the proposed concept of reinstituting historic trolleys to downtown Roanoke. As a result, he stated that Greater Roanoke Transit Company partnered with the Roanoke Valley/Alleghany Regional Commission and engaged the services of Wilbur Smith and Associates and the LOMARADO Group to conduct a study, the final results of which were submitled to the City in September, 2004. He introduced James H. Graebner, representing the LOMARADO Group. Mr. Graebner advised that: Heritage trolleys currently operate in Memphis, New Orleans, San Francisco, Portland, Seattle, San Jos~, Kenosha, San Pedro, Tucson, Dallas, Lowell, Tampa, Galveston and Little Rock; and the heritage trolley concept is under study in over 20 additional localities. Trolleys work because they attract new riders, provide shuttle service, help neighborhoods to develop and spark economic redevelopment. Trolley lines in San Francisco generate 19,000 riders per day; and Fisherman's Wharf has been extended, with further extension under study. The St. Charles trolley line has existed since 1831 in New Orleans, the River Front line was added, the Canal was reinstated in :>004, expansion is planned and residential property values have increased sharply in expectation of the Canal Line opening. Tampa has experienced :$500 million in new development, trolley ridership is 27 per cent over the estimate, and passengers/miles double the bus syslem. Kenosha has experienced $51 million in new development, the trolley line cost $5 million, another $50 million in new development is committed and another trolley line is under study. Roanoke's trolley system could operate at Jefferson Street between Norfolk and Salem Avenues, Jefferson Street at Church Avenue, Jefferson Street at Bullitt Avenue, Jefferson Street at Elm Avenue, Jefferson Street at Highland Avenue, Jefferson Street at Albemarle Avenue, Jefferson Street at Walnut Avenue, Jefferson Street between Green Street and Whitmore Avenue and Jefferson Street just south of Reserve Avenue. Trolley costs: capital costs - $17 million (includes 30 per cent contingency) and annual operating cost would be in the range of $137,000.00 - $377,000.00. Mr. Morgan advised that the next steps include submittal of an application for planning funds to conduct an environmental study and impact on utilities and other infrastructure; once the information is available, the City would file for Federal funds to begin the Federal project, at which time the City would be placed onaproject list and the City's ranking on the list will depend upon the level of local support. He added that if the local match, which is typically 50 per cent, is available the City could move to the top of the project list. Discussion/comments by Council: · Compliance issues with the Americans with Disabilities Act (ADA). l0 · How does a trolley operation blend parking, etc.? with traffic, vehicles, · How do trolleys help neighborhoods to grow? · The availability of classic street cars. · The level of acceptance by the community of a trolley system. · Does a trolley system maintain its appeal after the novelty wears off?. · How does a trolley system affect bus lines? · What is the reaction of the community to trolley infrastructure, etc? · Are there communities that have implemented trolley systems that were not successful? Vice-Mayor Fitzpatrick advised that he initiated the concept of reinstituting a trolley system for downtown Roanoke; and from a preliminary standpoint, the City should consider the trolley as a transit investment that will allow the City of Roanoke to provide a service that will provide another alternative to the transit opportunity if thesystem is properly connected. He stated that the greatest asset that the City has to offer is Mill Mountain, however, the City has not done enough to promote the importance of Mill Mountain. He added that if, over time, it is discovered that the transit component helps the Central Business District and the downtown area to grow and serves as a connection to the middle of the City, with some ingenuity, insight and funds, the trolley system could be extended to Crystal Spring Park, the incline could be reconstructed allowing the City to have interconnect capability to several types of transit and suddenly there is another way to access Mill Mountain. He stated that there would be a direct return to the City from this kind of investment, and expressed appreciation to Council for considering the pros and cons of a trolley system which could provide the opportunity to view Roanoke in a much different level of notoriety for its transportation options, for the way it understands growth in an independent city and for the investment of tax dollars that will encourage others to invest in the community. Vice-Mayor Fitzpatrick asked that Council authorize City staff to proceed to the next step and apply for planning grant funds in order to obtain additional information. He also asked that the private sector be brought into the concept to determine if there is an interest in co-sponsoring a future public/private partnership. The Mayor inquired if there was any objection to the General Manager of the Greater Roanoke Transit Company submitting an application for planning grant funds, to which no objection was expressed by any Member of Council. BUSES: The City Manager requested that the General Manager of Valley Metro report on the progress of the Smart Way bus service between the City of Roanoke and the Town of Blacksburg. Mr. Morgan advised that for the month of November and the majority of December 2004, 100 passengers per day road the 5mart Way bus, and more ridership was generated to and from the Roanoke Regional Airport than was anticipated due in large measure to serving the Virginia Tech Corporate Research Center. Vice-Mayor Fitzpatrick inquired about the feasibility of providing a closer location for the Smart Way bus to the baggage loading/unloading area at the Roanoke Regional Airport; whereupon, Mr. Morgan expressed concern that if the bus stops too close to the baggage loading/unloading area, its operation could be impeded. He stated that passengers go to the end of the airport terminal, stand inside, and wait for the bus, and passengers have not expressed a concern about the current arrangement. The Mayor requested that the matter be included on the agenda for the joint meeting of Council, the Roanoke County Board of Supervisors and the Roanoke Regional Airport Commission on Monday, March 7, 2004. The City Manager reported that two fire-related deaths occurred in the City of Roanoke on January 1 and 3, 2005. She stated that at the 2:00 p.m., Council meeting she would remind citizens of the importance of having properly working smoke detectors in their homes and the importance of checking space heaters and kerosene heaters. Fire Station No. One Update: FIRE DEPARTMENT: The City Manager advised that the Fire Station No. 1 project has taken longer than was originally anticipated due to false starts on the location for the fire station and actual design of the station. Chief James Grigsby reviewed the following history of Fire Station No. 1: · A Strategic Business Plan for Fire/EMS was adopted by Council on December 27, 2001. · The Fire/EMS Resource Association and Response Model provides for Fire/EMS response times, as follows: Fire - 90 per cent/four minutes EMS/ALS - 90 per cent/eight minutes EMS/BLS - 90 per cent/12 minutes A three phase construction and consolidation of Fire/EMS stations: Phase h construct a new Station No. 1 - consolidate the present No. 1 (Church Avenue)and No. 3 (6~hStreet) stations, as well as Fire/EMS Administration Cleft'erson Center). Phase Ih construct a new Station No. 3- consolidate the present No. 5 (12th Street and Loudon Avenue) and No. 9 (2~1th Street and Melrose Avenue) stations into the new facility, with a potential community center concept. Phase IIh construct a new Station No. 10 - Relocate the residential component currently assigned to the airport station to the new facility. Phase I construction bonds were purchased in October 2004. Franklin Road and Elm Avenue site: An architectural I~irm was selected in June 2003 (Spectrum). The site was acquired in August, 2003. Pros: Correctly located City owned adjacent property Land cost was lower than budget, although it was recognized that additional funds would be required ~'or site work. Cons: Odd shape requiring substantial site work/retaining walls After drilling, some construction issues for f~oundation (karst seams between thin rock shelves) Removal of contaminated top soil and old fuel tanks Due to shape of the lot, unique building design which required additional circulation space A 24,000 square foot building was pro. jected.3 Employee/community group input was received; the basic design was completed in August 2004, final bid documents are anticipaled to be ready in early spring 2005, minimum estimated additional resources needed is $301,740.00, independent cost estimates exceed this amount by at least an additional $400,000.00, and the project was reduced by $865,000.00 to meet basic department needs. Reasons for the cost increase are: the project was developed in year 2000 dollars and the Building Cost Index has increased 19.6 per cent since 2000; steel prices have doubled since March 2004, and concrete prices have increased by over ten per cent; the site required major excavation and retaining walls, with cost estimates showing an additional $308,000.00 $521,000.00 over the original $600,000.00 budget for the site; technology (fiber optic) was not available at the time of design (an additional $144,000.00 will be needed for fiber optic components); and site configuration drove the building design, requiring additional square footage for internal circulation space. A sile plan of the building was reviewed showing Fire/EMS station operalions on the first floor, sleeping quarters on the second floor, and Fire/EMS Administration on the third floor. · An artists rendering of the west and south elevations of the building was reviewed. The City Manager advised that the project has been studied by staff, it is believed that all items have been removed from the project that can be deleted, and with approximately $860,000.00 in deductions, at least an additional $300,000.00 - $400,000.00 will be needed for the facility, with an independent estimate indicating that even more funds will be necessary; therefore, City staff was hesitant to advertise for bids without alerting Council as to their concerns. She explained that when the fire station project was initially conceived, a revenue stream was identified that would fund debt service; i.e.: a change in Federal law that would allow the City to increase the amount billed to recipients for emergency medical services. She explained that revenue for emergency medical services is coming in at a better pace than was initially anticipated and will continue to grow based upon the escalator clause in the Federal legislation, but funds will be generated later in the sequence, time wise, than staff is comfortable with when bidding the fire station project. Therefore, with the concurrence of Council, the City Manager proposed to temporarily borrow the difference in monies from the Roanoke River Flood Reduction project, which has approximately $5 million that will not be spent for the next four to five years since the funds were allocated for the greenway component, with the understanding that the funds will be repaid in more than sufficient time for the greenway project from additional revenue generated by the City as a result of emergency medical services billings. Vice-Mayor Fitzpatrick asked that Council be kept current on the status of the Fire Museum as plans more forward on Fire Station No. 1. The City Manager advised that Council has not made a decision, nor has the City administration offered a recommendation to this point. Following discussion by Council, the Mayor inquired if the site is of such value that it is worth taking $865,000.00 worth of deductions from the building. The City Manager responded that government has the luxury of choosing the easiest sites on which to build, but if government builds on all of the clear and easy sites, the privale sector will not take on a challenging site, such as the site under consideration for development. She stated that the site clearly met the definition of the fire administration in terms of location; and another location in close proximity was also desired, but the Council indicated that it did not wish to pursue condemnation proceedings in order to acquire the site. She further stated that when the City is limited to only siles that can be made available through friendly negotiation, opportunities for potential sites are then taken away; the proposed location is a gateway to the City and the Council has indicated an interest in controlling what happens at gateways to the City, and constructing a building on the site will control what happens at that location. The City Manager advised that Council could engage in further discussion with regard to whether or not some of the $865,000.00 in deductions will genuinely harm the project; her position as City Manager is that the City will live within established budgets; and because of the way that architectural contracts are currently worded, some persons in the profession believe that they have a ten per cent leeway on design costs, and that assumption will be corrected before the next design construction project is awarded by the City. She stated that given the limitations and restrictions, she continues to believe that the proposed site is the best location on which the City should build a fire station, it is a challenging site which involves additional costs, and if Council is concerned about the long term appearance of the building, it is suggested that City staff be permitted to provide Council with more details regarding the impact of the $865,000.00 in deductions. She stressed the importance of the Fire Administration function being located in the No. 1 Fire Station. The Mayor advised that the body of the building will exist for the next 50+ years, therefore, he would prefer that additional funds be appropriated that would architecturally enhance the appearance of the building. The City Manager requested that staff be permitted to present another briefing on exterior design of Fire Station No. 1 to reflect the $865,000.00 in deductions, and for the purpose of receiving input from the Council with regard to building design. Vice-Mayor Fitzpatrick asked that schematic drawings be aesthetically comparable with architecture in old southwest. It was the consensus of Council that the City Manager will present a briefing on Fire Station No. 1 exlerior building design to reflect the $$65,000.00 in deductions. The Mayor declared the Council meeting in recess at 12:05 p.m., to be reconvened in Closed Session at 12:15 p.m., in the Council's Conference Room, Room 452, Noel C. Taylor Municipal Building, toconduct mid year performance evaluations of the Municipal Auditor, Director of Finance and City Clerk. At 2:00 p.m., on Monday, January 3, 2005, the Council meeting reconvened in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., City of Roanoke, Virginia, with Mayor C. Nelson Harris presiding. PRESENT: Council Members Brenda L. McDaniel, M. Rupert Cutler, Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., Sherman P. Lea, and Mayor C. Nelson Harris ....................................................................................................... 6. ABSENT: Council Member Brian J. Wishneff ................................................ 1. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney;Jesse A. Hall, Director of Finance; and Mary F. Parker, City Clerk. The invocation was delivered by Council Member Alfred T. Dowe, Jr. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Harris. PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, the item would be removed from the Consent Agenda and considered separately. ENTERPRISE ZONE:A communication from the City Manager requesting that Council schedule a public hearing for Tuesday, January 18, 2005, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider amendment application for two Enterprise Zones within the City of Roanoke, was before the body. The City Manager advised that staff has recently identified a need to amend provisions for the two Enterprise Zones within the City; as part of the amendment for Enterprise Zone One A, the City proposes adding Parkside Plaza, the East End Shops and an area bordering Williamson Road south of Elm Avenue and east of the railroad tracks to Enterprise Zone One A; adding these properties, some of which are in the floodplain, could stimulate additional opportunities for revitalization where buildings are currently vacant or underutilized; in addition, the City would seek modification of the water, sewer and fire connection fee incentive for both Enterprise Zone One A and Enterprise Zone Two; and recent adoption of new fees by the Western Virginia Water ,Authority to equalize Roanoke City and Roanoke County rates, combined with the possibility of further increases, necessitates a change in the incentive. In order to submit the applications, at least one public hearing affording citizens or interested parties an opportunity to be heard must be held; therefore, the City Manager recommended that Council authorize the scheduling and advertisement of a public hearing on Tuesday, January 18, 2005. Mr. Dowe moved that Council concur in the recommendation of the City Manager. The motion was seconded by Mr. Fitzpatrick and adopted by the following vote: AYES: Council Members McDanieI, Cutler, Dowe, Fitzpatrick, Lea, and Mayor Harris ............................................................................................................. 6. NAYS:None ...................................................................................................... O. (Council Member Wishneff was absent.) BRIDGES: A communication from the City Manager requesting that Council schedule a public hearing for Tuesday, January 18,2005, at 7:00 p.m., or as soon thereafter as the matler may be heard, to consider the use of property rights in connection with the proposed pedestrian bridge at 204 Jefferson Street, Official Tax No. 4010801, was before the body. Mr. Dowe moved that Council concur in the request of the City Manager. The motion was seconded by Mr. Fitzpatrick and adopted by the following vote: AYES: Council Members McDaniel, Cutler, Dowe, Fitzpatrick, Lea, and Mayor Harris ............................................................................................................. 6. NAYS:None ...................................................................................................... O. (Council Member Wishneff was absent.) 17 REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: NONE. REPORTS OF OFFICERS: CITY MANAGER: ITEMS RECOMMENDED FOR ACTION: BUDGET-HUMAN DEVELOPMENT-DISABLED PERSONS-FIFTH PLANNING DISTRICT COMMISSION: The City Manager submitted a communication advising that the Fifth Planning District Commission Disability Services Board (DSB) is responsible to local governments and serves as a critical resource for needs assessment, information sharing and service opportunities for citizens with disabilities, their families and the community; the following jurisdictions in the Fifth Planning District have enacted resolutions establishing participation in a regional effort and have appointed a local official to serve: the Cities of Roanoke, Salem and Covington; the Counties of Roanoke, Craig, Botelourt and Alleghany and the Towns of Clifton Forge and Vinton;and other members of the DSB include representatives from business and consumers. It was further advised that Council authorized the Director of Finance to serve as fiscal agent for the Fifth Planning District Disabilities Services Board on September 25, 1995, pursuant to Resolution No. 32675-092595. The City Manager explained that the State Department of Rehabilitative Services has allocated funds in the amount of $15,000.00 for a one-year period to provide training at no cost to any blind or vision/print impaired person desiring training in the use of computer based assistive programs; the required cash match from local jurisdictions in the Fifth Planning District is $1,666.00; and the cash match that has been committed by the City of Roanoke and other jurisdictions is actually $4,301.00. The City Manager recommended that Council appropriate $15,000.00in State grant funds and $4,301.00 in local match for the Disability Services Board and establish corresponding revenue estimates in accounts to be established by the Director of Finance in the Grant Fund. Mr. Cutler offered the following budget ordinance: (#36929-010305) AN ORDINANCE to appropriate funding for the fiscal year 2005 Fifth Planning District Regional Disability Services Board Grant, amending and reordaining certain sections of the 2004-2005 General and Grant Funds Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 69, Page 226.) 18 Mr. Cutler moved the adoption of Ordinance No. 36929-010305. motion was seconded by Mr. Dowe and adopted by the following vote: The AYES: Council Members McDanieI, Cutler, Dowe, Fitzpatrick, Lea, and Mayor Harris ............................................................................................................. 6. NAYS: None ..................................................................................................... O. (Council Member Wishneff was absent.) BUDGET-HUMAN DEVELOPMENT-GRANTS-FDETC: The City Manager submitled a communication advising that the City of Roanoke is the grant recipient for Marketing Communications Outreach Pilot program funding, thus, Council must appropriate funding for all grants and other monies received in order for the Western Virginia Workforce Development Board to administer grant programs. It was further advised that in an effort to increase public awareness of the Virginia Workforce Network (VWN) and One-Stop Centers among employers, the Virginia Workforce Council, through the Virginia Employment Commission, implemented the Marketing Communications Outreach Pilot Program to selected Local Workforce Investment Boards (LWlB);the LWlB must incorporate the VWN logo and identity in all LWlB products and services in an effort to promote VWN brand awareness among program components listed below; and the Western Virginia Workforce Development Board will work to develop its own marketing initiatives and develop targeted marketing tactics to include but not limited to the following: · Public relations and news media strategies · Radio and television public service announcements · An electronic newsletter for business customers A workforce summit event including economic development, educators, development professionals local businesses, and workforce It was explained that critical to the project is the development and deployment of a strategic marketing implementation plan that creates and communicates a favorably branded corporate culture among One-Stop delivery centers, while empowering the Western Virginia Workforce Development Board as the leader in local workforce development. The City Manager recommended that she be authorized to execute all appropriate documents, upon form approved by the City Attorney, related to acceptance of funding for the Marketing Communications Outreach Pilot Program; and accept Marketing Communications Outreach Pilot funding of 19 $10,000.00 for the period October 1,2004 through June 30, 2005, appropriate funds to accounts to be established in the Grant Fund by the Director of Finance, and establish a corresponding revenue estimate in the Grant Fund. Mr. Dowe offered the following budget ordinance: (#36930-010305) AN ORDINANCE to appropriate funding for the Western Virginia Workforce Development Board to administer the Marketing Communicalions Outreach Pilot program, amending and reordaining certain sections of the 2004-2005 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 69, Page 227.) Mr. Dowe moved the adoption of Ordinance No. 36930-010305. The motion was seconded by Ms. McDaniel and adopted by the following vote: AYES: Council Members McDanieI, Cutler, Dowe, Fitzpatrick, Lea, and Mayor Harris ............................................................................................................. 6. NAYS: None ..................................................................................................... O. (Council Member Wishneff was absent.) Mr. Fitzpatrick offered the following resolution: (#36931-010305) A RESOLUTION authorizing acceptance of a grant award for the Western Virginia Workforce Development Board Marketing Communications Outreach Pilot Program, for the development and deployment of a strategic marketing implementation plan by selected Local Workforce Investment Boards that promotes awareness of the Virginia Workforce Network, and authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant. (For full text of Resolution, see Resolution Book No. 69, Page 228.) Mr. Fitzpatrick moved the adoption of Resolution No. 36931-010305. The motion was seconded by Mr. Dowe and adopted by the following vote: AYES: Council Members McDanieI, Cutler, Dowe, Fitzpatrick, Lea, and Mayor Harris ............................................................................................................. 6. NAYS: None ..................................................................................................... O. (Council Member Wishneff was absent.) 20 BUDGET-HUMAN DEVELOPMENT-GRANTS: The City Manager submitted a communication advising that the City of Roanoke is the grant recipient for Workforce Investment Act (WlA) funding, thus, Council must appropriate funding for all grants and other monies received in order for the Weslern Virginia Workforce Development Board to administer WlA programs; and the Western Virginia Workforce Development Board administers the Federally funded Workforce Investment Act (WlA) for Area 3, which encompasses the Counties of Alleghany, Botetourt, Craig, Franklin and Roanoke, and the Cities of Covington, Roanoke, and Salem. It was further advised that WIA funding is intended for four primary client populations: · Dislocated workers who have been laid off from employment through no fault of their own; Economically disadvantaged individuals as determined by household income guidelines defined by the U. S. Department of Labor; · Youth who are economically disadvantaged, or have other barriers to becoming successfully employed adults; and · Businesses in need of employment and job training services. It was explained that the Western VirginiaWorkforce Development Board has received a third Notice of Obligation (NO0) from the Virginia Employment Commission allocating an additional $187,]57.00 for the Adult Program, which serves economically disadvantaged persons; $203,365.00 for the Dislocated Worker Program, which serves persons laid off from employment through no fault of their own; and $192,069.00 for the Youth Program, which serves economically disadvantaged youth for Program Year 2004 (July ], 2004 - June 30, 2006); and ten per cent of the aforementioned totals are to be allocated to the administrative function of the Western Virginia Workforce Development Board. The City Manager recommended that Council accept Western Virginia Workforce Development Board Workforce Investment Act funding of $582,591.00 for Program Year 2004 and appropriate the funds to accounts previously established in the Grant Fund by the Director of Finance and establish corresponding revenue estimates in the Grant Fund. Mr. Dowe offered the following budget ordinance: (#36932-010305) AN ORDINANCE to appropriate funding for the Western Virginia Workforce Development Board Programs, amending and reordaining certain sections of the 2004-2005 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 69, Page 228.) Mr. Dowe moved the adoption of Ordinance No. 36932-010305. The motion was seconded by Mr. Fitzpatrick and adopted by the following vote: AYES: Council Members McDanieI, Cutler, Dowe, Fitzpatrick, Lea, and Mayor Harris ............................................................................................................. 6. NAYS: None ..................................................................................................... O. (Council Member Wishneff was absent.) Mr. Dowe offered the following resolution: (#36933-010305) A RESOLUTION accepting the Western Virginia Workforce Development Board Workforce Investment Act funding of $582,591.00 and authorizing the City Manager to execute the requisite documents necessary to accept the funding. (For full lext of Resolution, see Resolution Book No. 69, Page 230.) Mr. Dowe moved the adoption of Resolution No. 36933-010305. The motion was seconded by Mr. Filzpatrick and adopted by the following vote: AYES: Council Members McDanieI, Cutler, Dowe, Fitzpatrick, Lea, and Mayor Harris ............................................................................................................. 6. NAYS: None ...................................................................................................... O. (Council Member Wishneff was absent.) CITY EMPLOYEES: The City Manager submitted a communication advising that military leave at full pay is limited to 15 work days per Federal fiscal year for employees of the City of Roanoke who are military reservists/national guard called to active duty; Council approved Special Military Pay on November 5, 2001, to provide supplemental pay for military reservists/national guard called to active duty and service related to the war on terrorism; special action by Council was effective through September 30, 2004, and benefited 11 City employees called from the reserves/national guard to active duty; these employees received a total of $52,769.90 in supplemental pay as a result of Council's action; and there are 33 reservists/national guard members in ten departments within the City of Roanoke full time employment. The City Manager recommended that Council approve a special policy to pay military reservists who are called to active duty between October 1,2004 and September 30, 2005 the difference between their military base pay (including any other related compensation received from the military) and pay with the City of Roanoke in their current job;covered employees would be those reservists/national guard members who are called to active duty related to the country's war on terrorism subsequent to the employee's employment with the City of Roanoke; and supplemental pay will be provided upon request and with necessary documentation to the Department of Human Resources. Mr. Fitzpatrick offered the following resolution: (#36934-010305)A RESOLUTION authorizing payment of supplementary compensation and restoration of certain benefits to certain employees called to active military duty. (For full text of Resolution, see Resolution Book No. 69, Page 231.) Mr. Fitzpatrick moved the adoption of Resolution No. 36934-010305. The motion was seconded by Ms. McDaniel and adopted by the following vote: AYES: Council Members McDanieI, Cutler, Dowe, Fitzpatrick, Lea, and Mayor Harris ............................................................................................................. 6. NAYS: None ...................................................................................................... O. (Council Member Wishneff was absent.) ARCHITECTURAL REVIEW BOARD: The City Manager submitted a communication advising that on May 13, 2004, Council adopted and established a Pay Plan for officers and employees of the City, effective July 1, 2004; the adopted ordinance included a new pay stipend of $100.00 per month, or $1,200.00 annually, paid monthly, to members of the Architectural Review Board upon attainment of certification through the Virginia Certified Architectural Review Program; new appointees to the Architectural Review Board would be required to attain certification within one year of the date of appointment; and Council approved compensation based on the certification program being developed by the Commonwealth of Virginia Department of Historic Resources (VDHR) so that Architectural Review Board members would be trained and certified. It was explained that the Virginia Department of Historic Resources intended to develop a statewide certification program for Architectural Review Board members similar to the City Planning Commission (CPC) and Board of Zoning Appeals (BZA); only certified City Planning Commission and Board of Zoning Appeals members received a monthly stipend during the current fiscal year; the Virginia Certified Architectural Review Program has not been fully developed and may not be until next fiscal year; and the ordinance provides that members of the Architectural Review Board cannot receive the pay stipend until certification through the program has been attained. 23 The City Manager recommended that Council amend Paragraph 14 of the ordinance regarding the Pay Plan for Officers and Employees of the City of Roanoke - Architectural Review Board (ARB) Stipend, adopted by Council on May 13, 2004, to suspend the certification requirement, until the Virginia Certified Architectural Review Program is established, allowing current Architectural Review Board members to receive the stipend, to commence on January 1, 2005, until the certification program is developed, at which time members will have one year in which to obtain certification orthe stipend will cease. Mr. Fitzpatrick offered the following ordinance: (#36935-010305) AN ORDINANCE amending Ordinance No. 36693- 051304, adopted May 13, 2004, adopting and establishing, among other things, a Pay Plan for officers and employees of the City effective July 1,2004, by amending Paragraph 14 which provides for a pay stipend for members of the Architectural Review Board upon attainment of certification through the Virginia Certified Architectural Review Program, by suspending the requirement for certification until the Virginia Certified Architectural Review Program is fully developed and made operational by the Virginia Department of Historic Resources (VHDR); and dispensing with the second reading by title paragraph of this ordinance. (For full text of Ordinance, see Ordinance Book No. 69, Page 232.) Mr. Fitzpatrick moved the adoption of Ordinance No. 36935-010305. The motion was seconded by Ms. McDaniel and adopted by the following vote: AYES: Council Members McDanieI, Cutler, Dowe, Fitzpatrick, Lea, and Mayor Harris ............................................................................................................. 6. NAYS:None ...................................................................................................... O. (Council Member Wishneff was absent.) DIRECTOR OF FINANCE: AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the Financial Report for the month of November 2004. (For full text, see report on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the Financial Report for the month of November would be received and filed. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. 24 INTRODUCTION RESOLUTIONS: NONE. AND CONSIDERATION OF ORDINANCES AND MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: BUSES: Council Member Cutler reported on the progress of the Smart Way transit bus and advised that 1,616 passenger trips were made between the Roanoke Valley and the Town of Blacksburg from December 1 - 24, 2004, averaging over 100 passengers per day. ACTS OF ACKNOWLEDGEMENT-LANDMARKS/HIST. PRESERVATION~FIRE DEPARTMENT: Council Member Cutler recognized the City of Roanoke and Hill Studios, recipients of one of the four Gabriella Page Historic Preservation Awards from the Association for the Preservation of Virginia Antiquities, in connection with restoration of the Bell Tower Facade at Fire Station No. 1. ACTS OF ACKNOWLEDGEMENT-VIRGINIA TECH-SPORTS ACTIVITIES: Vice- Mayor Fitzpatrick commended the Virginia Tech football team who will compele in the Sugar Bowl on January 3, 2005, at the New Orleans Superdome. He called attention to the close connection of the Roanoke Valley to colleges and universities in the region and the importance of understanding the economic impact and the role of the Roanoke Valley in continuing to establish good relationships with such colleges and universities. ACTS OF ACKNOWLEDGEMENT-SPORTS ACTIVITIES: Council Member Dowe congratulated the Roanoke Dazzle basketball team, the only team in the National Basketball Association Developmental League that has experienced an increase in attendance of approximately between 25 - 30 per cent. He stated that the Roanoke community is to be commended for supporting the Roanoke Dazzle and is encouraged to continue its support of not only the Roanoke Dazzle, but all other sports entities throughout the community. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that Council sets this time as a priority for citizens to be heard and matters requiring referral to the City Manager will be referred immediately for response, recommendation or report to Council. COMPLAINTS-TAXES-CITY EMPLOYEES: Mr. Robert Gravely, 727 29th Street, N. W.,quoted Bible scripture. He expressed concern with regard to the use of City taxpayers' money to support private businesses and downtown Roanoke businesses, and insufficient wages for City employees. CITY MANAGER COMMENTS: REFUSE COLLECTION-STREETS AND ALLEYS: The City Manager advised that the City's neighborhood leaf collection program was completed prior to December 31, 2004, and private contractors who are working on arterial streets will complete leaf collection within the next seven to ten days. 25 RECYCLING: The City Manager reported that for the month of December 2004, the City of Roanoke once again exceeded the required tonnage to receive free recycling, which saved the citizens of Roanoke $10,384.00 for the month of December. FIRE DEPARTMENT: The City Manager called attention to two fire related deaths in the City of Roanoke on January 1 and 3, 2005. She encouraged citizens 1o check their smoke detectors to ensure that they are in proper working order and advised that City residents may obtain a free smoke detector/batteries at any of the City's fire stations. She also encouraged citizens to take advantage of free chimney inspections and space heater and kerosene heater inspections that will be performed upon request by the Fire Department. She asked that those persons who lost their lives by fire be remembered in prayer. OATHS OF OFFICE-COMMITTEES-ROANOKE CIVIC CENTER: The Mayor advised that there is a vacancy on the Roanoke Civic Center Commission created by expiration of the term of office of Robert C. Poole, and called for nominations to fill the vacancy. Mr. Lea placed in nomination the name of Daniel E. Wooldridge. There being no further nominations, Mr. Wooldridge was appointed as a member of the Roanoke Civic Center Commission, for a term ending September 30, 2007, by the following vote: FOR MR. WOOLDRIDGE: Council Members McDaniel, Cutler, Dowe, Fitzpatrick, Lea, and Mayor Harris .......................................................................... 6. (Council Member Wishneff was absent.) At 2:35 p.m., the Mayor declared the Council meeting in recess for one Closed Session. At 2:50 p.m., the Council meeting reconvened in the City Council Chamber, with all Members of the Council in attendance, except Mr. Wishneff, Mayor Harris presiding. COUNCIL: With respect to the Closed Meeting just concluded, Mr. Dowe moved that each Member of City Council certify to the best of his or her knowledge that: (1)only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Cutler and adopted by the following vote: 26 AYES: Council Members McDaniel, Cutler, Dowe, Lea, and Mayor Harris ......................................................................................................................... 5. NAYS: None ..................................................................................................... O. (Council Member Wishneff was absent and Vice-Mayor Fitzpatrick was out of the Council Chamber when the vote was recorded.) At 2:52 p.m., the Council meeting was declared in recess until Thursday, January 13, 2005, at 8:30 a.m., at The Holel Roanoke and Conference Center, Jefferson Board Room, for the City Council's Planning Retreat. The January 3, 2005, meeting of Roanoke City Council reconvened on Thursday, January ! 3, 2005, at 9:00 a.m., in the Jefferson Board Room, The Hotel Roanoke and Conference Center, 110 Shenandoah Avenue, N.W., City of Roanoke, with Mayor C. Nelson Harris presiding. PRESENT: Council Members Brenda L. McDaniel, M. Rupert Cutler, Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., Sherman P. Lea, and Mayor C. Nelson Harris ........................................................................................................ 6. ABSENT: Council Member Brian J. Wishneff ................................................ 1. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; Mary F. Parker, City Clerk; Rolanda B. Russell, Assislant City Manager for Community Development; and George C. Snead,Jr.,Assistant City Manager for Operations. OTHERS PRESENT: Dr. BruceBlaylock, Professor at Radford University, Facilitator. The Mayor welcomed Dr. Blaylock who facilitated the Council's last retreat on Seplember 5, 2003. He advised that the goal of the day would be to review the City's Strategic Plan, to make the necessary revisions inasmuch as three new Members of Council were elected since the last retreat, the day's structure would be informal, and encouraged the Members of Council and staff to participate. The Mayor advised that Council MemberWishneffwould not be present for the proceedings; however, he had forwarded to each Member of Council an e-mail containing various suggestions that he would propose for discussion had he been present for the day's activities. The City Manager advised that while the Council's retreat is an important activity for the Council, it is of equal importance to the overall City organization because the retreat will set the tone and direction for various individual City operations over the next 12 months, City departments have scheduled a follow up meeting as a result of the retreat to talk about 27 improvements in department operalions, much significance is placed by staff on the work that Council does during its retreat, and the entire City organization is interested in Council's direction for the City. Dr. Blaylock expressed appreciation for the opportunity to work with a Council that has found a way to make strategic planning work and has stated a goal to build on past accomplishments. He reviewed the agenda for the day; i.e.: ground rules, goals, successes from 2004, and Council/City Manager reaffirmation of Vision 2012. He advised that each Member of Council brings different perspectives Io the fable and stressed the importance of understanding each other's perspective; and there will be some issues that Council Members are passionate about, therefore, discussion will center around whether those issues should be included in the City's Strategic Plan. He stated that he had no intention of inserting himself into the process since he is not familiar with the business of the City, but reserved the right to ask questions and to probe deeper in an effort to provide clarification. Dr. Blaylock explained that the day will end with the necessary information to build a strategic plan; therefore, it will be necessary to affirm or reaffirm Council's vision for Roanoke in the year 2012; it will then be necessary to look at objectives attached to each goal in order to affirm, adjust or add new objectives, and then to look at actions that will be required to accomplish the various objectives. He stated that Council will be asked to participate in an exercise to determine who will be responsible for carrying out the various objectives; i.e.: Council, City Manager, or a combination of Council/City Manager, and Council and the City Manager will also participate in an exercise to prioritize the actions. Council Members participated in an exercise in which they listed the following City accomplishments and successes that occurred in 2004: Development and adoption of neighborhood plans Completion of the new zoning ordinance is on schedule Reconstruction of Patrick Henry High School Appointment of a committee of citizens to study the future of Victory Stadium Increase in downtown condominium development and traffic realignment Additional studies for the downtown market area Recent improvements to the Civic Center Discussions regarding the importance of appearances at gateways to the entrances to the City, including 1-581, and the assistance of Virginia Department of Transportation officials to make improvements Implementation of geographic policing to better meet the safety needs of citizens Development of properties inside the City (Ukrops) Continued progress on the rail walk development Commitment to work with the school system Collaboration with Roanoke County on mutually beneficial projects Establishment of a safety task force for schools and implementation of some of the recommendations submitted by the task force Proactive approach to economic development and the contribution of sports to the City's economic development Crealion of the Weslern Virginia Water Authority Assumption of responsibility by the Parks and Recreation Department for Carvins Cove Preparation of a master plan [or the Civic Center and Mill Mountain Park by the Department of Parks and Recreation Regional cooperation in connection with studying issues regarding a regional library system Moving responsibility for the Real Estate Assessor position to the Department of Finance Continued good relations with State legislators Excellent lobbyist representing the City's interests in Richmond Development of Colonial Green as a "mixed use" project Full occupancy of Warehouse Row Participation in the Cradle to Cradle Housing project Adoption of an Urban Forestry Plan 29 Working on a Public Arts Plan Growth by developers in creating high end residential housing Housing study that is almost complete Improved image of City Council and its function Receipt of the "Livable Community" Award Selection as the 1 i'" best community in the United States as a place to live Promotion and expanded use of the City's new brand Implementation of the Smart Way Bus syslem between Roanoke and the New River Valley Implementation of street calming activities, particularly on Williamson Road Completion of the Grandin Road improvements project Passage of a utility cut and restoration policy Recycling efforts exceeded goals saving the City approximately $ 50,000.00 Opening the new Social Services facility on Williamson Road Naming of the First Street Bridge in honor and memory of the late Dr. Martin Luther King, Jr. Quality appointments to the School Board and other boards and commissions Council Member Dowe entered the meeting (11:15 a.m.). The City Manager reported on the status of relocation of the Social Security Administration office from downtown Roanoke. The City Manager also reported on the $500,000.00 that was previously allocated to the City by the Federal government to be used for the First Street Bridge project. Inasmuch as the funds were intended to be used for a vehicular bridge, the City Manager advised that Council made a decision to return the money to the Federal government when it was decided to construct a pedestrian bridge. She explained that the City has been informed by the Federal government that the funds may now be used for a pedestrian bridge and amenities; however, the City will be required to go through a Federal review process which will slow the project down; and unless there is an objection by Council, she would proceed accordingly. 30 No objection was expressed by any Member of the Council. There was discussion with regard to Council Member relationships; whereupon, the following observations were made: Council Members frequently engage in discussions, while being respectful of the opinions of each other. Council Members have the same goal with regard to many decisions, but they respect the individual perspectives of their colleagues. With any new Council, there is a "maturation" process accompanied by growing pains. Council's job is to govern, and disharmony has not affected the Council because of a mutual respect for each other. There is a diverse array of experience represented on the Council and if issues come up that require a certain level of expertise or experience, Council Members can look to their colleagues for guidance. The 9:00 a.m., Council work sessions have been helpful because the meeting takes place in a less formal setting and a more relaxed environment and provides Council Members with the opportunity to delve into various issues as they deliberate on policy decisions. Whenever a new Council takes office, there is a learning curve and a trust issue that resolves itself over time. The first six months for the present Council has been a great beginning in the midst of making certain difficult decisions, and there has been much collegiality and a sense of humor among the Council. Dr. Blaylock advised that as a new group, there will be some growing pains for the Council; first will be the "storming" stage, then the "norming" stage and then the "performing" stage while each Member of the Council is discovering his or her individual role on the Council. There was discussion with regard to the method of appointment by Council of persons to serve on authorities, boards, commissions and committees. The following observations were made: Appointments are limited to the slate of persons who apply for a specific vacancy. Council conducts interviews of persons who apply for appointments to the School Board, City Planning Commission, Board of Zoning Appeals, Architectural Review Board, Industrial Development Authority, and Roanoke Redevelopment and Housing Authority; however, persons applying for vacancies on other committees do not participale in an inlerview process. If a Council Member takes on the assignment of recommending a person lo fill a specific vacancy, it is assumed that the Council Member has given serious thought to the appointment and has some knowledge of the person who is recommended to fill the vacancy. Due lo the large number of boards and commissions, if Council spends a considerable amount of time on every appoinlment lo every committee the process would virtually come to a halt. Council does not seem to lake advantage of staff expertise or knowledge by inquiring of staff if they know of individuals who would be willing Io serve on various committees. Following discussion of the process for filling vacancies on authorities, boards, commissions and committees, Dr. Blaylock suggested that there be a formalization Io improve the process; whereupon, he suggested that Council Member McDaniel, the City Manager, City Attorney and City Clerk serve as members of a subcommittee to review the process for making appointments to the City's boards and commissions. The City Attorney referred Io a previous communication in connection with refining the process for electing Trustees to the Roanoke City School Board which is currently set forth in Chapter 9, Education, Code of the City of Roanoke (1979), as amended, by eliminating certain time frames established in the City Code. He reviewed the procedure set forth in the Code of Virginia for electing School Trustees which requires that Council shall, seven days prior to the appointment of any School Board Trustee, hold one or more public hearings to receive the views of citizens. Following discussion, it was the consensus of Council that the City Atlorney be instrucled to prepare the proper measure for consideration by Council at its meeting on Tuesday, January 17, 2005, adopting the procedure set forth in the State Code for electing School Trustees. Dr. Blaylock opened the floor for discussion with regard to Roanoke Vision 2012 - Principles to Guide the Future. Upon consensus of the Council, the following was approved: Roanoke Vision 2012 Principles to Guide the Future We will be recognized for: Being the "Capital of Western Virginia" through a healthy economy, supportive local government, quality municipal services and an attractive cullural environment 2. Having strong neighborhoods through quality City infrastructure, livable homes 3. Having educational excellence in our public schools Maintaining a strong City connectivity with universities and colleges in the region Protecting the nalural beauty and resources ot' our environment Encouraging business, individual investment and retail development in Greater Downtown Roanoke Establishing Roanoke as a destination point for entertainment, major events, sports and festivals Creating an inclusive environment with a reputation as a community that welcomes and celebrates diversity Having ease of travel to, from and within Roanoke via air, rail and highway 10. Having a City with strong community pride 11. Maintaining a financially sustainable City government with cost effective service delivery 12. Maintaining working relationships with other local governments throughout the region including the Roanoke and New River Valleys, the Allegheny Highlands, and Smith Mountain Lake Council then engaged in a discussion with regard to the City's goals and objectives. Upon consensus of the Council, the following was approved: GOAL NO. 1: HEALTHY LOCAL ECONOMY Objectives: 1. Support the retention and expansion of local businesses 2. Aggressive economic development strategy Io attract new businesses 3. More unique, distinctive retail opportunities 4. Promote development of upper end housing opportunities 5. Actively promote and market "Roanoke" - our brand 6. Diverse local economy: medical, government, tourism, small business 7. Recognize the importance of regionalism to a healthy economy GOAL 2: STRONG NEIGHBORHOODS Objectives: 1. Involving citizens as responsible partners in enhancing quality of neighborhoods and addressing neighborhood problems 2. Developing and using realistic, usable neighborhood plans that link to Comprehensive Plan and guide the future of the neighborhood 3. Improving property maintenance through prevention and enforcement including removal of blighted/worn-out structures 4. Funding significant improvements in specific targeted neighborhoods 5. Protecting the integrity of the neighborhood through design/development standards, standards for infill 6. Maintaining/improving City infrastructure: traffic calming, streets, streetscapes, trees and greenways 33 34 GOAL 3: VIBRANT GREATER DOWNTOWN Objectives: 1. Increasing including drugstore, other retail 2. residential opportunities in attracting support businesses downtown area, supermarket, Developing reputation as center for culture and arts Protecting quality of downtown development through zoning, development standards, quality infrastructure 4. Supporting major projects: education center, riverside center and Henry Street -job opportunities, building/infrastructure development 5. Expanding entertainment and sports opportunities 6. Increase in occupancy of office and institutional space 7. Support and enhance unique characteristics of the City Market area GOAL 4: QUALITY SERVICES: RESPONSIVE COST EFFECTIVE Objectives: 1. Developing and retaining productive, motivated workforce with well-trained, competent and diverse employees 2. Maintaining processes of continuous improvement and empower employees to offer ideas and try new approaches 3. Investing in and using technology in service delivery 4. Having City facilities that tangibly demonstrate our commitment to service excellence 5. Customer service valued and demonstrated by our City employees 6. Pursue regional cooperation for services The Council meeting was declared in recess at 12:15 p.m. The Council meeting reconvened at 1:15 p.m., in the Jefferson Board Room, The Hotel Roanoke and Conference Center, with all Members of the Council in attendance, except Council Member Wishneff. 35 The afternoon session consisted of a review of the above referenced objectives. The facilitalor requested that Council Members and the City Manager form groups of three to review objectives and to recommend actions to accomplish objectives listed under each goal. Council Members were then asked to identify whether the actions should be taken by the Council as a group, or by the City Manager, or by a combination of the Council and the City Manager, or championed by a Member of Council. Staff was requested to review the actions reported by Council Members/City Manager and identify barriers, if any, to accomplish the various actions. Following a review of actions lisled by Council Members and the City Manager, under the various objectives, the facilitalor requested that Council Members and the City Manager individually rank the actions, one through four in order Io prioritize those actions that will become the City's priorities for 2005. (For full text of actions to accomplish objectives listed under Goals Nos. 1 - 4, and a compilation of top and high priority actions for 2005, see summary prepared by the facilitator on file in the City Clerk's Office.) There was discussion with regard to providing a promotional message about the Roanoke community on televisions in local hotel guest rooms; whereupon, the City Manager advised that she would work with the Executive Director of The Hotel Roanoke and Conference Center with regard to including a welcome message from the Mayor on those televisions in guest rooms at The Hotel Roanoke. The City Manager advised that City staff will continue to work on the various actions listed by Council. She asked for Council's guidance with regard to ways in which to communicate the results of the retreat to the general public; i.e.: the City Magazine, etc. The Mayor engaged the Council in a discussion with regard to Council meeting protocol; whereupon, the following was the consensus of Council: The present time limits for persons speaking at City Council meetings will continue to be enforced: i.e.: one to four speakers will be allotted five minutes each and five or more speakers will be allotted three minutes each. Ten minutes will continue to be allotted to those persons making presentations under Petitions and Communications. The sponsorship of two Members of the Council or the City Manager will be required for any person or organization to address the Council under Petitions and Communications. Hearing of Citizens will continue to be held following Comments by the Mayor and Members of Council. Briefings will be scheduled as follows: if one to two Members of the Council. request a briefing, the briefing will be conducted informally by the City Manager and not during a formal Council meeting or 9:00 a.m. work session. If more than two Members of the Council request a briefing, the briefing will be scheduled during a regular session or 9:00 a.m. work session of the Council. The invocation will continue to be delivered by the Mayor and Members of Council on a rotating basis, with the understanding that Council Members will be mindful of ecumenical and sensitive issues relative to various religious beliefs. On behalf of the Council and City staff, the Mayor expressed appreciation to Dr. Blaylock for facilitating the retreat. There being no further business, the Mayor declared the Council meeting adjourned at ~,:00 p.m. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor MINUTES OF ROANOKE CITY AUDIT COMMITTEE October 7, 2004 1. CALL TO ORDER: The meeting of the Roanoke City Audit Committee was called to order at 11:10 a.m. on Thursday, October 7, 2004, with Chair, Dr. M. Rupert Cutler, presiding. · The roll was called by Mrs. England Audit Committee Members Present: Dr. M. Rupert Cutler, Chair Vice-Mayor Beverly T. Fitzpatrick, Jr. Brenda L. McDaniel Sherman P. Lea (arrived late) Others Present: Drew Harmon, Municipal Auditor George C. Snead, Jr., Asst. City Manager for Operations Rolanda B. Russell, Asst. City Manager for Community Development Evelyn W. Powers, City Treasurer Jesse Hall, Director of Finance Ann Shawver, Deputy Director of Finance Timothy Spencer, Assistant City Attorney Sherman Stovall, Director of Management & Budget Frank Baratta, Budget Team Leader Mike Tuck, Assistant Municipal Auditor Pamela Mosdell, Information Systems Auditor Brian Garber, Senior Auditor Cheryl Ramsey, Auditor Doris England, Administrative Assistant 2. INTERNAL AUDIT REPORTS: A. Purchasing Cards B. Southeast by Design Dr. Cutler ordered that internal audits A and B be received and filed. There were no objections from the committee. Dr. Cutler recognized Mr. Harmon for comments on the Purchasing Cards audit. Mr. Harmon reported that the purchasing card program was in its fourth year of implementation and had been audited each year. The process has matured, benefits have been realized, such as reduced paperwork; and this audit was to test for more detail. It was noted that receipts oftentimes did not include notations explaining the business purpose requiring the purchase. Supervisors Audit Committee Minutes - October 7, 2004 Page 2 need to know what the purchases are for and who is making them. Ms. McDaniel asked if the credit card receipt copy were lost, could the store receipt be used to verify purchase; and Mr. Harmon replied that it could. Ms. McDaniel also asked if a receipt were lost and the employee contacted the store for a copy, was it possible to obtain a receipt copy from a store such as Wal-Mart. Mr. Harmon replied that it was; actually, calls were made to stores such as Wal- Mart and Target and that determination was made during the audit. The stores did not indicate a charge for performing these services. Dr. Cutler asked Mr. Harmon to introduce the members of the Municipal Auditing Staff, and Mr. Harmon introduced Cheryl Ramsey, Mike Tuck, Pam MosdelI, BrianGarber, and Doris England. Ms. McDaniel commented on how well-written the audit reports were, and she appreciated the ease of understanding and lack of jargon. Dr. Cutler asked if the consequences of not adhering to the guidelines of use would actually be the loss of the privilege of using the purchasing card. Mr. Harmon replied that it would. Mr. Hall explained that although Finance is the gatekeeper for expending the funds, each department head or designee is responsible for verifying the expenditure before it gets to the Finance Department. He said procurement would provide more training, Finance would scrutinize more, and continue to fine tune the program. Ms. McDaniel asked if the lost privilege would be permanent, and Mr. Harmon replied that had not been addressed. Mr. Snead said the Finance Department and Purchasing Division had strengthened the policy and procedures as a result of this audit. Beginning next month, there would be quarterly unannounced reviews in the offices to check on documentation, policy and procedures being followed, and responsible people would be held accountable. Dr. Cutler asked if pay grade determines who gets a purchasing card, and Mr. Hall explained that it was based upon need, such as a Public Works employee needing to buy parts for immediate use. Mr. Harmon explained that there were about 330 cards being used, with three being used at the schools on a trial basis. Ms. McDaniel asked about the maximum amounts set for usage, and Mr. Harmon explained that it was $2500 per transaction and $~ 5,000 per month, which could be changed based upon specific, justifiable needs. Mr. Lea commented that there was a similar program at the Department of Corrections, which worked very well, but did require monitoring. Dr. Cutler asked if there were any more comments or questions on the Purchasing Cards audit. There being none, he asked Mr. Harmon to address the committee regarding the Southeast by Design audit. Audit Committee Minutes - October 7, 2004 Page 3 Mr. Harmon stated that site visits had been conducted with the Roanoke Redevelopment and Housing Authority (RRHA) and the Blue Ridge Housing Development Corporation (BRHDC) as well as with Management and Budget. The program was found to be administered well, documents were in place, expenses supported, and there were no substantial concerns. Dr. Cutler asked if the Southeast by Design program had a lifespan, whereby Mr. Snead replied he recalled it as being between 2.4 and 3 years. Mr. Baratta explained that contracts with both RRHA and BRHDC would expire on December 31 with a 30-day grace period. He did not know if all work would be done by the deadline. The funds were committed, six houses had been built, and two were under construction. Dr. Cutler shared that while attending the Virginia Municipal League conference, he, Mr. Dowe and Mr. Snead accepted an award on behalf of the City of Roanoke for the Southeast by Design program. Mr. Snead added that this was one of seven statewide awards, and the city received the award in the category of local government with a population greater than 90,000. Dr. Cutler asked if there were another project that CDBG funds would be used for. Mr. Baratta replied that Project GOLD - Gainsboro Opportunities Leaveraging Development - would be the next project. Asked what he had learned through Southeast by Design, Mr. Baratta answered he had learned the importance of strong involvement of neighborhood groups. 3. UNFINISHED BUSINESS: There was no unfinished business to come before the committee. 4. NEW BUSINESS: There was no new business to come before the committee. 5. OTHER BUSINESS: A. Audit of Public Accounts Letter Dr. Cutler read from a letter addressed to the City Treasurer from the Auditor of Public Accounts (APA) in Richmond, VA, stating the APA had reviewed the Commonwealth collections and remittances of the Treasurer and other constitutional officers of the City of Roanoke for the year ended June 30, 2004. The APA found the Treasurer and other constitutional officers complied, in all material respects, with state laws, regulations and other procedures relating to the receipt, disbursement and custody of state funds. Dr. Cutler congratulated City Treasurer, Evelyn Powers, on the receipt of this letter. Audit Committee Minutes - October 7, 2004 Page 4 B. Auditor Selection Committee Dr. Cutler recognized Mr. Harmon for comments on the auditor selection committee. Mr. Harmon explained the city was coming to the end of its four- year contract with KPMG, the company which does the annual audit for the city. This contract also includes the schools, GRTC, and the pension/retirement plan. The selection committee typically is made up of representatives from Finance, Retirement, GRTC, Schools, the City Manager's Office, Management & Budget, and the Roanoke City Audit Committee. Meetings will involve organizing and preparing the RFP, reviewing the proposals, and conducting interviews. The interview process usually takes one full day. Dr. Cutler volunteered to represent the Audit Committee on this selection committee. Mr. Harmon said the first meeting would be in late October or the first of November, and he would distribute a copy of the last RFP for each member to review. Other Discussion: Dr. Cutler asked Mr. Harmon about plans for monitoring assets valued under $5,000. Mr. Harmon replied that he was working with Finance to initiate a project to standardize monitoring assets valued at less than $5,000. Dr. Cutler asked Mr. Harmon to explain about the conversations taking place regarding consolidation of the city and schools Information Technology function. Mr. Harmon explained that Kathy Stockburger, Chair of the Roanoke City School Board and Mayor Harris had discussed the need to look into this matter. Mr. Harmon also said the City Manager, School Superintendent, the heads of both (IT) departments, and he had met and were discussing this possibility. Mr. Fitzpatrick also mentioned that the consolidation of central purchasing between the schools and the city could save a great deal of money. Mr. Fitzpatrick further explained that opening the school libraries to the public could be a benefit in that the school libraries were often better than the branch libraries. Mr. Harmon replied that security could be a barrier to that concept. Ms. Russell explained that Roanoke County was also involved in the library study and would be contributing to its cost if the Board of Supervisors supports it. Dr. Cutler asked Mr. Harmon to mention the items that would be included in the next Audit Committee meeting. Mr. Harmon said the December Audit Committee meeting, which will be held on the third Monday in that month, would be a very busy one. It will include audits on Findings Follow-Up, CAD, Police Property Room, Police Fees annual audit, Sheriff Canteen & Inmate Funds Audit Committee Minutes - October 7, 2004 Page 5 annual audit, Commissioner of Revenue, and possible the HR survey. Also included will be the KPMG annual audit report, and the CAFR for the city will be ready. Dr. Cutler asked if operating units use Municipal Auditing as a resource, and Mr. Harmon replied that they do. Auditing has a category for management consulting and assists departments such as the Department of Technology in its implementation of the Advantage upgrade. 6. ADJOURNMENT: There being no further business, the meeting was adjourned at 11:55 a.m. M. Rupert Cutler, Chair MINUTES OF ROANOKE CITY AUDIT COMMIq-FEE December 20, 2004 1. CALL TO ORDER: The meeting of the Roanoke City Audit Committee was called to order at 1:15 p.m. on Monday, December 20, 2004, with Chair, Dr. M. Rupert Cutler, presiding. · The roll was called by Mrs. England Audit Committee Members Present: Dr. M. Rupert Cutler, Chair Vice-Mayor Beverly T. Fitzpatrick, Jr. Alfred T. Dowe, Jr. Sherman P. Lea Brenda L. McDaniel Others Present: Drew Harmon, Municipal Auditor Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance George C. Snead,Jr., Asst. City Manager for Operations Rolanda B. Russell, Asst. City Manager for Community Development Ann Shawver, Deputy Director of Finance R. Timothy Conner, Partner, KPMG LLP Peter J. Ragone, II, Senior Manager, KPMG LLP Major James Brubaker, Sheriff's Department Mike Tuck, Assistant Municipal Auditor Pamela Mosdell, Information Systems Auditor Brian Garber, Senior Auditor Cheryl Ramsey, Auditor Doris England, Administrative Assistant 2. FINANCIAL KPMG AUDIT REPORTS - JUNE 30, 2004 A. Report to the Audit Committee of City Council B. Comprehensive Annual Financial Report and Auditor's Opinion C. Management Letter · Management Response Dr. Cutler ordered that the KPMG audit reports be received and filed. There were no objections from the committee. Dr. Cutler recognized Mr. Harmon for comments. Mr. Harmon asked Director of Finance, Jesse Hall, and Deputy Director, Ann Shawver, to provide a brief overview of the CAFR. Mr. Hall explained the financial reports include information required by federal agencies, state agencies, generally accepted accounting guidelines, as well as Audit Committee Minutes - December 20, 2004 Page 2 reports recommended by the Government Finance Officers Association. Mr. Hall recognized Ann Shawver to give the committee some highlights of the City's financial report. Ms. Shawver directed the committee's attention to a two-page summary of the City's Comprehensive Annual Financial Report (CAFR). The summary follows the table of contents of the CAFR. She then pointed out the following areas: · Page3 - Introductory letter · Page 20 - Independent Auditors' Report, which states an unqualified, clean opinion · Page 23 - City's Management Discussion and Analysis, which includes narrative information and analytical data · Page 35 - Statement of Net Assets - This statement and the one that follows are the most consolidated and combined statements in the annual report. They answer the question, "Is our financial position better or worse as awhole than it was a year ago?" These statements include both capital assets and debt. · Pages 36 & 37 - This report indicates programs the government provides and the cost of those programs. General revenues are listed in the bottom half of the statement, as well as the change in assets between the beginning of the year and the end of the year. When asked about the water and sewer inclusion on this year's report, Ms. Shawver replied that water and sewer were included in this report because they were still with the City through June 30, 2004. As of July 1,2004, water and sewer were transferred to the authority; therefore, they will not be on next year's report. · Page 38 - This report shows the general fund by itself, without capital assets and debt information. · Page 40 - This is the Income Statement version using the fund view of these financial statements as opposed to the entity-wide view. · Page 50 - Footnotes - These are disclosures that are required to be made, such as #18, which refers to the Western Virginia Water Authority. Other disclosures are accounting policies, deposits and investments, capital assets and changes, long-term liabilities including debt, leases and claims payable, risk management, pension plan, and related entities (such as the Water Authority) the City participates in with other governments. · Page 106 - A total of 14 statistical tables, most representing ten years of data, including key revenues and expenditures. · Page 116 - These are required financial reports relating to the expenditures of federal awards, both for the City and the Schools. · The last few pages are reports from the auditors. Ms. Shawver thanked all the members of the Finance Department for their contribution to the CAFR. She also offered to meet with Audit Committee members who would like further review of the document. Audit Committee Minutes - December 20, 2004 Page 3 Chairman Cutler read the last paragraph of the Management Letter, Comments and Recommendations to the committee. This states, "The City's Finance Department personnel resources are currently stretched to capacity. Given the issues stated above, we recommend the City provide the necessary funds and support for the Finance Department to have sufficient resources available to meet the many challenges ahead." Dr. Cutler said he appreciates and acknowledges that statement, and he thanked Ms. Shawver for the presentation. Mr. Hall spoke about the City's pension plan, which is a multi-employer pension plan. It includes about 2100 active members, 1550 retirees, and over 300 employees with vested service (those who are not currently drawing a pension but can at some time in the future). The CAFR for the pension plan is similar to the City's CAFR. It includes an introductory section, letter of transmittal, organizational chart, financial section, investment section, actuarial section, and statistical section. The pension plan increased approximately $23 million and paid out benefits just over $18 million. The investment return for the year ended June 30, 2004, was 12.92 percent. Actuarially, the plan anticipates a 7.75 percent return each year. Contributions to the plan were in the amount of $5.4 million. Dr. Cutler asked Mr. Hall if he benchmarked the City's pension plan to the pension plans of other localities. Mr. Hall replied affirmatively and said there were 11 localities in the state that meet twice a year for that purpose. He further stated that the City of Roanoke's pension plan was doing well, actually better than most other localities. Chairman Cutler recognized Mr. Harmon, who asked Mr. Conner to make comments on the Report to the Audit Committee and the Management Letter. Mr. Conner stated that before leaving the City's pension plan, he wanted to inform the committee that an unqualified, clean opinion was issued on the pension CAFR. An unqualified, clean opinion was issued on the City's CAFR, as Ms. Shawver previously mentioned. He also mentioned reports issued that were within the body of the City's CAFR. There were two additional separate reports, one of which was the Report to the Audit Committee. This goes over salient points of communication and conduct of the audit. The second report is the Management Letter that addresses four specific topics. KPMG has received management's response to the Letter and is comfortable with that response. Dr. Cutler asked if there were any questions from the committee members regarding the Management Letter and the Response to the Management Letter. Mr. Lea said he had a question about the Human Services/Social Services information regarding steps taken to ensure the oversight would not reoccur. He asked if the Human Services Business Administrator position had been created. Ms. Burcham responded that a single position with significant responsibilities had been divided into two positions. As a result, this new Audit Committee Minutes - December 20, 2004 Page 4 position was created to provide greater assurance of timely submission of the necessary documentation. The new person will begin work with the City on January 10, 2005. Chairman Cutler asked for a summary of the question as to whether the City lost money or did not lose money because ofthis issue. Mr. Conner responded that KPMG observed the timeliness of submitting requests for reimbursements, but he was not aware of any reimbursements that would have been allowed that were not made. However, there were subsequent requests for reimbursements being made after the fiscal year end that were audited. Mr. Harmon also responded that the budget administrator for the Virginia Department of Social Services, Mike Gump, had put his name to an e-mail stating he felt Roanoke did not lose any money overall, did not get any more or any less, because of this. The primary issue, as Mr. Harmon said he saw it, was understanding the reimbursement process and having personnel in place that could have explained the variance from the historically $200,000 to $300,000 amount to this year's amount of $900,000. He said he felt this would not reoccur because things have been done to address the situation. Ms. Burcham said she thought we would continue to see an increase in non-reimbursables unless the state changes the way it funds Social Services. The state in recent years has allowed pass through of federal funds, but has not participated at the same level, so more funding has to be absorbed locally. Dr. Cutler proceeded to another topic in the Management Letter, which involved the decision to move Social Services to the Civic Mall. He stated it was the auditors' observation that the detailed buy, build, or lease analysis was not documented. Ms. Burcham explained that when City Council made the decision to lease, there had been an analysis and conversations with the Council about that decision. Information had been provided by the previous Social Services director, and it was viewed at the time to be in the best interest of the City to go through the lease versus the build option. Recent e-mail and voice communications have substantiated that the decision was based upon the same information that was shared with the Council at that time. Ms. Burcham stated that the written documentation needed has not been found. However, the information recently received was the same as it was three years ago. 3. INTERNAL AUDIT REPORTS: A. Computer Aided Dispatch (CAD) B. City Findings Follow-Up C. Human Resources Survey D. Parks and Recreation E. Sheriff's Canteen &Jail Inmate Funds Dr. Cutler introduced the issue of the gold permits in the City Findings Follow- Up audit. Ms. Burcham pointed out a memo from Police Chief Gaskins to Audit Committee Minutes - December 20, 2004 Page 5 Assistant City Manager, Rolanda Russell, dated December 17, 2004, which was included with that particular audit. The memo stated that after further review, there were a fewer number of secondhand jewelry dealers than the 40 identified in 2001. In 2004, only four companies were required to be issued a gold permit. Mr. Harmon said more details would be forthcoming on this because an annual audit was being conducted which would be presented to the Audit Committee in March, 2005. Mr. Lea expressed some concerns regarding the Parks and Recreation audit. Mr. Harmon (because of the time constraint of the meeting) said he would be glad to meet individually or by telephone to discuss any concerns the committee members might have. He further explained that the part-time payroll overpayments came to light during the follow-up audit when a number of timesheets for one employee for the same pay period were noted. The ultimate cause was human error in trying to get paperwork for payroll processed quickly and taking some shortcuts that created bad results. There was not a great deal of money involved in the three years examined. It does not appear that the intent was to deceive, but that it was a matter of not following procedure. Municipal Auditing will be working with Parks and Recreation to give better feedback to the supervisors on how to improve in this area. Dr. Cutler ordered that internal audits A through E be received and filed. There were no objections to the order. 4. UNFINISHED BUSINESS: There was no unfinished business to come before the committee. 5. NEW BUSINESS: There was no new business to come before the committee. 6. ADJOURNMENT: There being no further business, the meeting was adjourned at 2:01 p.m. M. Rupert Cutler, Chair MINUTES OF GREATER ROANOKE TRANSIT COMPANY AUDIT COMMITTEE December 20, 2004 1. CALL TO ORDER: The meeting of the Greater Roanoke Transit Company Audit Committee was called to order at 1:04 p.m. on Monday, December 20, 2004, with Chair, Dr. M. Rupert Cutler, presiding. · The roll was called by Mrs. England Audit Committee Members Present: Dr. M. Rupert Cutler, Chair Vice-Mayor Beverly T. Fitzpatrick, Jr. Alfred T. Dowe, Jr. Sherman P. Lea Brenda L. McDaniel Others Present: Drew Harmon, Municipal Auditor Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Ann Shawver, Deputy Director of Finance George C. Snead,Jr., Asst. City Manager for Operations Rolanda B. Russell, Asst. City Manager for Community Development David Morgan, General Manager, GRTO R. Timothy Conner, Partner, KPMG LLP Peter d. Ragone, II, Senior Manager, KPMG LLP Major James Brubaker, Sheriff's Department Mike Tuck, Assistant Municipal Auditor Pamela Mosdell, Information Systems Auditor Brian Carber, Senior Auditor Cheryl Ramsey, Auditor Doris England, Administrative Assistant 2. EXTERNAL AUDIT REPORTS: KPMG Audit Reports: A. GRTC - Transit Operations Financial Statements - 6/30/04 and 2003 B. GRTC - Report to Board of Directors - 6/30/04 C. Southwestern Virginia Transit Management Company, Inc. Retirement Plan and Trust Financial Statements · 12/31/03 and 2002 · 12/31/02 and 2001 · 10/15/01 and 12/31/00 GRTC Audit Committee Minutes - December 20, 2004 Page 2 Dr. Cutler asked Mr. Morgan to explain why there were three years of Retirement Plan and Trust Financial statements on the agenda. Mr. Morgan responded that the retirement plan was changed a few years ago from a post- tax plan to a pre-tax plan and doing so delayed the audit process. This audit is catching up for that delay. Dr. Cutler also asked why there appeared to be two years of financial statements being reported, and Mr. Ragone responded the pension plan is a calendar year plan. Dr. Cutler asked for clarification of a report in the Management's Discussion and Analysis of the Basic Financial Statement, which indicated there was an impairment loss of $209,000 for revenue collection equipment. Mr. Harmon said he believed this loss was due to the fare collection equipmen~ not performing as expected causing GRTC to write offthat loss. Mr. Morgan explained that the company the equipment had been purchased from had gone bankrupt and was no longer in business. Therefore, GRTC was unable to obtain parts to maintain the equipment. Chairman Cutler asked Mr. Morgan about the Gillig buses - where they were made and if they were bio-diesel capable. Mr. Morgan responded the buses were made in Hayward, California, and were not bio-diesel capable. At this time, bio-diesel buses are not available to the transit industry. Dr. Cutler expressed concern that the bus stock of the GRTC should be efficient and meet upcoming restrictions on effects regarding ozone. Mr. Morgan said the EPA standards for diesel engines are becoming more stringent, and GRTC now meets the 2007 requirements. The next level of requirement beyond that is having buses that are bio-diesel capable. The GRTC is working with a local environmental group to increase fuel mileage and reduce emissions. Chairman Cutler ordered that the KPMG audit reports be received and filed. There was no objection to the order. Dr. Cutler recognized Mr. Harmon for comments. Mr. Harmon introduced Mr. Conner and Mr. Ragone from KPMG for comments. Mr. Conner briefed the committee and stated the reports were unqualified opinions. There were no further questions or comments from the committee. Dr. Cutler stated he understood GRTC to be made up of three firms, and he would like better clarification on the entity. Mr. Harmon explained that GRTC is a blended component unit that receives part of its revenue from grants. The City Council is the Board of Directors for the GRTC, First Transit is the management company that provides the positions held by Dave Morgan and Chip Holdren, and the Retirement Trust is a separate entity which holds the funds in trust for those in the retirement plan. Chairman Cutler asked if there were other similar systems to compare this to, and Mr. Harmon said there were no others within the City, although the Schools are a discrete component unit. GRTC Audit Committee Minutes - December 20, 2004 Page 3 Mr. Fitzpatrick said he understood transit companies across the state were set up similar to the GRTC in Roanoke. This is because most transit companies were originally private and their drivers and mechanics were union members. Because of that, the City cannot represent or negotiate as part of a unionized entity. Therefore, the management company is needed as a neutral body for this purpose. Dr. Cutler asked about the status of the trolley study for the City and how GRTC was in a position to have the study conducted. Ms. Burcham stated the consultant who prepared that study was scheduled to attend Council's first meeting in January. Funding for the study was secured through GRTC and matching components in grants. If Council chooses to go to the next phase of the process, the City would make application through GRTC as the transportation entity for the City. Council had expressed interest in having the trolley study conducted and requested GRTC to initiate the study some months, perhaps even a year, ago. 3. UNFINISHED BUSINESS: There was no unfinished business to come before the Committee. 4. NEW BUSINESS: There was no new business to come before the Committee. 5. ADJOURNMENT: There being no further business, the meeting was adjourned at 1:15 p.m. M. Rupert Cutler, Chair C. NELSON HARRIS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.W., ROOM 452 ROANOKE, VIRGINIA 24011 - 1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 February 22, 2005 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) 853-1145 February 22, 2005 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 a special award, being the Shining Star 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 INTERDEPARTMENT COMMUNICATION TO: Mary F. Parker, City Clerk FROM: Beryl y. Brooks, General Registrar DATE: February 8, 2005 SUBJECT: Voting Equipment Change (Absentee Precinct) In order to better comply with the changes implemented by HAVA and ADA requirements the Electoral Board is request' ~ype.of voting equipment used for In-p~ .... ~.~ lng. to change the ~recinct to DRE (Direct ~^~ ~ ~ Yu~ng in our Absentee --~zuzng ~±ectronzc) device, effective by the Primary Election to be held in June 2005. Currently we use paper ballots for both In-Person and Mail Absentee. On Election Day we then feed ballots into a reader that records the votes by mark sense. We currently use ES&S (Election Systems & Software) DRE devices in our regular precincts on Election Day, this change would allow all In-Person Absentee votes to be cast on the same equipment and allow those with disabilities to vote in private with the ADA units, if they choose to. This change complies with Section 24.2-626 of the Virginia Election Laws and has been forwarded to the City Attorney for submission to the Department of Justice. We are requesting that this matter be brought before City Council at the February 22, 2005 session. Thank you, for your cooperation in this matter and please call me at X1037, if there are any questions. BYB: Attachments Roanoke City Electoral Board Gilbert E. Butler, Jr., Chairman Joanne p JoDes, Vice Chairman Carl T. Tinsley, Sr, Secretary RESOLUTION ROANOKE CITY ELECTORAL BOARD February 7, 2005 The Roanoke City Electoral Board has unanimously decided to request Department of Justice approval t'o use DRE (Direct Recording Electronic) voting machines for In-Person voting in our Central Absentee Precinct. We have already been granted permission and successfully used the DRE, city wide, in the Presidential Election November 2005. In order to further comply with the HAVA (Help America Vote Act), we would like to implement the use of the DRE so voters that choose to come to the Central Absentee Precinct may cast their vote on the machines as done at the precincts on Election Day. Absentee voters casting their vote by mail will still be done by paper ballot and read in to a mark sense reader for tabulation on Election Day. The City Attorney will be asked to prepare a submission to the Department of Justice for approval of this change to be implemented in the Primary Election scheduled for June 2005. Carl T. Tinsley, Secretar~- Roanoke City Electoral Board Room 109, Municipal North 215 Church Avenue, S,W,, Roanoke, Virginia 24011 P.O. Box 1095, Roanoke, Virginia 24005 (540) 853-2281 Fax (540) 853-1025 MARy F. PARKER, CMC CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, V'u'ginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ci.roanoke.va.us February 24, 2005 File #110-488 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Ms. Althea L. Pilkington 2905 Courtland Road, N. W. Roanoke, Virginia 24012 Dear Ms. Pilkington: Your communication submitting your resignation as a member of the Roanoke Neighborhood Advocates was before the Council 'of the City of Roanoke at a regular meeting which was held on Tuesday, February 22, 2005. On motion, duly seconded and adopted, the resignation was accepted. The Members of City Council requested that I express sincere appreciation for your willingness to serve the City of Roanoke as a member of the Roanoke Neighborhood Advocates from September 7, 2004 to February 22, 2005. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley which was issued by the Mayor on behalf of the Members of the Roanoke City Council. Mary F. Parker, CMC City Clerk MFP:ew Enclosure pc: John Renick, Secretary, Roanoke Neighborhood Advocates, 436 Walnut Avenue, S. W., Roanoke, Virginia 24014 Carl D. Cooper, Chair, Roanoke Neighborhood Advocates, 3601 Round Hill Avenue, N. W., Roanoke, Virginia 24012 Robert A. Clement, Jr., Neighborhood Services Coordinator, Neighborhood Partnership Stephanie M. Moon, CMC, Deputy City Clerk ALTHEA L. PILKINGTON January31,2oo5 Roanoke City Council and Roanoke Neighborhood Advocates Noel C. Taylor Municipal Building 215 Church Avenue, SW Roanoke, VA 24ml To All Concerned: It is with deep regrets that I must resign my position as a member of Roanoke Neighborhood Advocates, effective immediately. Due to family obligations I am in the process of moving to Craig County, and therefore cannot serve as an advocate any longer. During my short tenure as a member of RNA, it has been a pleasure working with all concerned for the improvement of this wonderful city. I commend you all for your fine work. Sincerely, Althea L. Pilkington 2905 Courtland Road, NW Roanoke, VA 24012 540-265.0347 540-871-1491 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, V'rrginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us February 24, 2005 File #110-249 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Mr. Robert B. Manetta 2831 Stephenson Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Manetta: Your communication submitting your resignation as a member of the Architectural Review Board was before the Council 'of the City of Roanoke at a regular meeting which was held on Tuesday, February 22, 2005. On motion, duly seconded and adopted, the resignation was accepted. The Members of City Council requested that I express sincere appreciation for your willingness to serve the City of Roanoke as a member of the Architectural Review Board from December 16, 1996 to February 22, 2005. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley which was issued by the Mayor on behalf of the Members of the Roanoke City Council. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosure pc: Martha P. Franklin, Secretary, Architectural Review Board Stephanie M. Moon, CMC, Deputy City Clerk CA. LION Health System Februaw 9,2004 Office of Corporate Counsel Telephone: 540 224 5065 Telecopier: 540 224 5794 Email: rmanetta~carilion.com Robert B. Manetta, Esq. The Honorable Mayor and Members of the Roanoke City Council Roanoke City Council City of Roanoke 215W Church Avenue Roanoke, Virginia 24016 Dear Mayor Harris and Members of Council: I had the pleasure of serving as a member of the Architectural Review Board since November 16, 1991. I have had the opportunity to help it grow from a struggling experiment to a proven protector of some of Roanoke's oldest housing stock. The ARB has also helped the City encourage and protect significant public and private investments in the market area. I was Chair of the Architectural Review Board for five years. During that time it was frequently necessary to come before Council in order to explain the Architectural Review Board's position on difficult and sometimes arcane issues. I am grateful for the respect given to me during those appearances. The last time I was up for reappointment, the Director of Planning was relatively new, there had recently been three different agents serving the Board in a very short period of time and the majority of the Architectural Review Board was also new. I was encouraged by your membership to stay another term in order to ensure continuity. Now Mr. Townsend has shown himself to be an invaluable ember of the City staff and a strong supporter of the Boards for which he is responsible. Ms. Beckett has helped thousands of applicants in a very professional manner. Whenever possible she has guided those applicants through the process as efficiently as the applicant will allow and has always advised them on how to proceed with their projects in a manner consistent with the relevant ordinances and guidelines. In addition, there has been no turn over on the Board for the past few years and the Boards deliberations are consistently conducted in a wise and respectful manner. RE: Resignation February 9, 2005 Page 2 In light of the above, I think now is an excellent time to provide someone else with the opportunity to serve the City on the Architectural Review Board. Therefore, by this letter, I am submitting my resignation as a member of the Board. Very truly yours, Associate General Counsel CC: Brian Townsend, Director, Planning, Building and Development Anne Beckett, Agent ARB Robert Rickert, Chair, ARB OTY 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 February 24, 2005 File #15-110-448 Carl D. Co. oper, Chair, Roanoke Neighborhood Advocates 3160 Round Hill Avenue, N. W. Roanoke, Virginia 24012 Dear Mr. Cooper: This is to advise you that Maureen P. Castern has qualified as a member of the Roanoke Neighborhood Advocates, for a term ending June 30, 2007. Sincerely, Mary F. Parker, City Clerk MFP:ew pc: Robert A. Clement, Jr., Neighborhood Services Coordinator, Neighborhood Partnership Stephanie M. Moon, CMC, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Maureen P. Castern, 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 I ~ day of~E~'~ 2005. BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT ~ , DEPUTY CLERK L:\CLERK\DATA~CKEWI\oath and leaving scrviceLRoanoke Neighborhood AdvocatestMaur/ne P Castem oath letter.doc CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk February 24, 2005 File #1:~0-178 Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk Nancy F. Canova, Chair Fair Housing Board 2265 Sewell Lane, S. W. Roanoke, Virginia 24015 Dear Ms. Canova: This is to advise you that Bryan Grimes Creasy 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: Robert A. Clement, Jr., Staff, Fair Housing Board Stephanie M. Moon, CMC, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, BRYAN GRIMES CREASY, 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 this [~2 day of BRENDA S. HAMILTON, CLERK OF CIRCUIT COURT B~ , DEPUTY CLERK C/TY 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 February 24, 2005 File #15-110-200 Martha P.'Franklin, Secretary City Planning Commission Roanoke, Virginia Dear Ms. Franklin: This is to advise you that Fredrick M. Williams has qualified as a member of the City Planning Commission, for a term ending December 31, 2008. 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, Fredrick M. Williams, 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 City Planning Commission, for a term commencing January 1, 2005 and ending December 31, 2008, according to the best of my ability (So help me God). Subscribed and sworn to before me this ~ day of ~. 200~ BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT L:SC LERK~DATA\CKEW 1 \oath and leaving service\CiB~ Planning CommissionhCredrick M Williams oath letter l.doc MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Xru~ginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ ci.roanoke.va.us February 24, 2005 File #15-110-526 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Shelia Smith, Project Manager Virginia's First Regional Industrial Facility Authority 6580 Valley Center Drive Box 21 Radford, ~/irginia 24141 Dear Ms. Smith: This is to advise you that Brian J. Wishneff has qualified as a City representative to Virginia's First Regional Industrial Facility Authority and the New River Valley Commerce Park Participation Committee. Please notify Mr. Wishneff of meeting dates at the following address: 213 South Jefferson Street, Suite 1010, Roanoke, Virginia 24011 or e-mail at brian@wishneff, com. 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, Brian J. Wishneff, 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 City representative to Virginia's First Regional Industrial Facility Authority, according to the best of my ability (So help me God). / Subscribed and sworn to before me this/._~day of~'~ 2005. BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Brian J. Wishneff, 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 New River Valley Commerce Park Participation Committee, according to the best of my ability (So help me God). Subscribed and sworn to before me this ~- d~ay of.-~ 2005. BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT orr.., or Office of the City Clerk Mary F. Parker, CMC City Clerk February 24, 2005 File #60-70 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. 36965-022205 appropriating $42,857.00 for the Fire Programs Heavy and Tactical Rescue Team Grant, and amending and reordaining certain sections of the 2004-2005 Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 22, 2005, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment Jesse A. Hall February 24, 2005 Page 2 pc: Darlene L. Burcham, City Manager George C. Snead,Jr., Assistant City Manager for Operations Sherman M. Stovall, Director, Office of Management and Budget James Grigsby, Chief, Fire-EMS Kenneth H. King, Manager, Division of Transportation IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd day of February, 2005. No. 36965-022205. AN ORDINANCE to appropriate funding for the Fire Programs Heavy and Tactical Rescue Team Grant, amending and reordaining cedain sections of the 2004-2005 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2004-2005 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Expendable Equipment (<$5,000) Revenues Fire Programs Heavy and Tactical Rescue Team Grant FY05-State 035-520-3562-2035 $ 42,857 035-520~3562-3564 42,857 Pursuant to the provisions of Section 12 of the City Charier, the second reading of this ordinance by title is hereby dispensed with. ATTEST:~~ '~" City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC Stephanie M. Moon, CMC City Clerk Deputy City Clerk Sheila N. Hartman Assistant City Clerk February 24, 2005 File #60-70 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36966-022205 authorizing acceptance of the Heavy and Tactical Rescue Team Grant, in the amount of $42,857.00, made to the City of Roanoke by the Virginia Department of Fire Programs and authorizing execution and filing by the City Manager of 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 Tuesday, February 22, 2005, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment Darlene L. Burcham February 24, 2005 Page 2 pc: Jesse A. Hall, Director of Finance George C. Snead, Jr., Assistant City Manager for Operations Sherman M. Stovall, Director, Office of Management and Budget James Grigsby, Chief, Fire-EMS Kenneth H. King, Manager, Division of Transportation IN THECOUNCILOF THE C1TY OF ROANOKE, VIRGINIA The 22nd day of February, 2005. No. 36966-021205. A RESOLUTION authorizing the acceptance of the Heavy and Tactical Rescue Team Grant made to the City of Roanoke by the Virginia Department of Fire Programs and authorizing the execution and filing by the City Manager of the conditions of the grant. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the offer made by the Virginia Department of Fire Programs ora Heavy and Tactical Rescue Team Grant in the amount of $42,857.00. 2. The City Manager or the Assistant City Manager for Operations is hereby authorized to accept, execute and file on behalf of the City any documents setting forth the conditions of the Heavy and Tactical Rescue Team Grant as approved as to form by the City Attorney. 3. The City Manager or the Assistant City Manager for Operations is further directed to furnish such additional information as may be required by the Virginia Department of Fire Programs in connection with the City's acceptance of the foregoing grant or with such project. ATTEST: City Clerk K:~'v~easures',~re Heavy and Tactical Resque Team Grant.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.corn February 22, 2005 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: Department of Fire Programs Heavy and Tactical Rescue Team Grant Background: Roanoke Fire-EMS was interviewed in January 2005 by representatives from the Virginia Department of Fire Programs for consideration in becoming the Division VI State Heavy and Tactical Rescue Team. Partnering with Roanoke County Fire and Rescue to form a regional team, Roanoke Fire-EMS was selected. There will be seven teams in Virginia playing a vital role in statewide response to technical rescue incidents. In an effort to further enhance each selected team's capability, a one time grant in the amount of $42,857 will be awarded for purchase of specific equipment. No local match funding is required. Considerations: City Council action is needed for the City to formally accept and appropriate these funds, and to authorize the Director of Finance to establish a revenue estimates and appropriate funding to purchase the equipment and supplies in accordance with provisions of this grant. The Honorable Mayor and Members of Council February 22, 2005 Page 2 Recommended Action: Accept the grant as described above and appropriate State grant funds of $42,857 with a corresponding revenue estimates in accounts to be established by the Director of Finance in the Grant Fund. Authorize the City Manager to execute any required grant agreements or documents, such to be approved as to form by the City Attorney. Respectfully submitted, City Manager DLB~sf C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance George C. Snead, Assistant City Manager for Operations James Grigsby, Fire-EMS Chief Sherman M. Stovall, Director of Management and Budget Ken King, Fleet Manager CM05-0021 or[ or Office of the C~ty Clerk Mary F. Parker, CMC City Clerk February 24, 2005 File #360 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. 36967-022205 repealing Resolution No. 31012-051892, which adopted a Minority and Women-Owned Business Enterprise Plan; and adopting and endorsing a Plan for Participation in Procurement Transactions of Small Businesses and Businesses Owned By Women and Minorities. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 22, 2005, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment Darlene L. Burcham February 24, 2005 Page 2 pc: Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget Philip C. Schirmer, City Engineer Jeffrey H. Powell, Director of General Services Sharon T. Gentry, Purchasing Manager IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd day of February, 2005. No. 36967-022205. RESOLUTION repealing Resolution No. 31012-051892, which adopted a Minority and Women-Owned Business Enterprise Plan; and adopting and endorsing a Plan for Paffmipation in Procurement Transactions of Small Businesses and Businesses Owned by Women and Minorities. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Resolution No, 31012-051892, which adopted a Minority and Women-Owned Business Enterprise Plan, be and is hereby REPEALED. 2. Council hereby adopts and endorses a Plan for Participation in Procurement Transactions of Small Businesses and Businesses Owned by Women and iWmorities, which is attached to the City Manager's letter to Council dated February 22, 2005. 3. Council hereby authorizes the City Manager to take appropriate measures to implement the Plan immediately. 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.romaokegov.com February 22, 2005 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: Plan for Participation in Procurement Transactions of Small Businesses and Businesses Owned by Women and Minorities Background: Solicitation and award of City contracts must comply with the City Charter and City Procurement Policy as well as the Virginia Public Procurement Act. In general, public procurement requires the City to obtain bids and award contracts on City projects to the "lowest responsive and responsible bidder." The determination of whether the bidder is "responsible" must be made upon considerations solely related to job performance. The attached plan proposed that when bids or proposals are solicited directly from potential contractors, solicitations include, when possible, appropriate businesses from the lists maintained and/or available to the Purchasing Division, including but not limited to the list from the Virginia Department of Minority Business Enterprise. The City of Roanoke currently maintains a separate database of small, minority and women-owned businesses. All City departments are encouraged to solicit a MBE/WBE/SB vendor in all procurement transactions. Meet and Greet events are held for large construction projects to give small business contractors an opportunity to meet Mayor Harris and Members of City Council February 22, 2005 Page 2 with the large business owners in an effort to become subcontractors on City projects. The City continues to reduce the scope of projects, if possible, to reduce the need for bonding and large insurance requirements. The annual Regional Building New Partnership Conference, hosted by the City, is for the education of MBE/WBE/SB vendors to improve bidding and responsiveness to request for proposals and invitations to bid. City Council and the City Administration recognize the need for improving opportunities for small, minority and women-owned business enterprises to participate in City contracts. With the adoption of this plan improved business opportunities should result, as the City makes clear to the community its policy to encourage opportunities for small, minority, and women-owned business enterprises to participate in City contracts. Recommended Action: City Council repeal Resolution No. 31012051892, Minority and Women-Owned Business Enterprise Plan, and adopt the attached Plan for Participation in Procurement Transactions of Small Businesses and Businesses Owned by Women and Minorities. Authorize the City administration to take the appropriate measures to implement the Plan effective immediately. Respectfully submitted, City Manager DLB:stg C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Phil Schirmer, Engineer Jeffrey H. Powell, Director of General Services Sharon T. Gentry, Purchasing Manager CM05-00004 CITY OF ROANOKE, VIRGINIA Plan for Participation in Procurement Transactions of Small Businesses and Businesses Owned by Women and Minorities 1. POLICY STATEMENT It is the policy of the City of Roanoke to encourage participation by small businesses and minority-owned and women-owned business enterprises in all aspects of City contracting opportunities. In order to demonstrate its commitment to this policy, the procedures set forth in this document shall be followed whenever possible. 2. DEFINITIONS A minority business enterprise ("MBE" or "MBES" in the plural form) is a business that is both owned and controlled by minorities. This means that minorities must own fifty-one percent of the business, and that they must control the management and dally operations of the business. A women business enterprise ("WBE" or "WBES" in the plural form) is a business that is both owned and controlled by women. This means that women must own fifty-one percent of the business, and that they must control the management and dally operations of the business. A small business ("SB" or "SBS" in the plural form) is a United States business that does not exceed fifty employees, is independently owned and operated, and is not dominant in its field or operation or an affiliate or subsidiary of a business dominant in its field of operation. A minority is an individual who is a citizen or lawful resident of the United States and is Black, Hispanic, Asian American, American Indian, Alaskan Native or a member of another group who the Small Business Administration has determined is economically and socially disadvantaged under Section 8 (a) of the Small Business Act. 3. EMPLOYMENT DISCRIMINATION PROHIBITED Every contract of over ten thousand dollars ($10,000.00) to which the City is a party shall contain the provisions in subparagraphs (a) and (b) herein: (a) During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal oppommity employer. Notices, advertisement and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. (b) The contractor will include the provisions of the foregoing subparagraphs (a)(1), (2) and (3) in every subcontract or purchase order of over ten thousand dollars ($10,000), with regard to the contract with the City, so that the provisions will be binding upon each subcontractor or vendor. 4. LIST OF MBES, WBES AND SBS The City's Purchasing Division will establish and maintain a list of minority-owned and women-owned business enterprises. As appropriate, this list may include vendors at regional, state and national levels. A separate list of local MBES and WBES shall be established and, when established, be made available or the master list shall be searchable for local vendors. The local area shall consist of the Roanoke Valley, which shall include those areas included in the metropolitan statistical area as defined by the United States Office of Management and Budget for Census Bureau data purposes. The regional area shall include all cities, counties and towns, within the Commonwealth of Virginia, any part of which fall within a 50 mile radius of the City of Roanoke. The City's Purchasing Division will establish and maintain a list of small businesses at the regional level. The Purchasing Division shall serve as the primary contact for businesses to request to be added to the MBE/WBE list or the small business list and for businesses, organizations or individuals desiring access to the lists. In maintaining these lists, the City's Purchasing Division will cooperate with the Virginia Department of Minority Business Enterprise, the United States Small Business Administration and other public or private agencies. The Purchasing Division will maintain a list of agencies and organizations that provide assistance and/or education to MBES, WBES and SBS and inform such businesses oftbe resources available to them. The list will contain the types of services offered and contact information. The Purchasing Division will assist other organizations in publicizing training opportunities for MBES, WBES and SBS. 5. ALL CONTRACTS In procuring goods and services for the City, all City employees shall follow the guidelines and mandates contained in the Purchasing Division's Procurement Manual with regard to solicitation of MBES and WBES. When bids or proposals are solicited directly from potential contractors, solicitations shall include, when possible, appropriate businesses from the lists maintained by and/or available to the Purchasing Division, including but not limited to the list from the Virginia Department of Minority Business Enterprise. All solicitation, addenda and award actions over $30,000 shall be posted on the City of Roanoke's web site http://www.roanokeva, gov Invitation to Bid solicitation notices over $50,000 and Requests for Proposals estimated to be over $30,000 shall be advertised in both The Roanoke Times and The Roanoke Tribune whenever possible. Such Invitation to Bid solicitation notices and Requests for Proposals shall also be advertised on RVTV. 6. CONSTRUCTION CONTRACTS This paragraph shall apply to all construction contracts whenever advertising of the Invitation to Bid is required. The bid documents will contain a list of, or a reference to a list of, MBES, WBES and SBS. The list will be provided to assist and encourage the general contractors' use of the listed businesses as subcontractors. The City will provide a copy of the plans and specifications for all construction projects to the Southwest Virginia Community Development Fund, F. W. Dodge of Roanoke, and Valley Construction News plan room(s) so that MBES, WBES and SBS can review the documents. The documents will also be available for review, at no charge, at the Office of the City Engineer. The City Engineer, the Purchasing Manager and the Project Engineer will require that general contractors make a "best or good faith effort" to seek the participation of and utilize MBES, WBES and SBS as suppliers and subcontractors. General contractors will be required to show that they have made efforts to recruit MBES, WBES and SBS by incorporating into the bid or proposal form: Statements indicating efforts to negotiate with MBES, WBES and SBS and the results of such efforts. Bidders will be required to list those MBES, WBES and SBS from whom quotations for labor, materials, and/or services have been solicited, and state which MBES, WBES and SBS, if any, the contractor will use on the project if awarded the bid; and A certification that the contractor has made a good faith effort to utilize MBES, WBES and SBS whenever possible. A bid response that does not contain such statements and certification will be deemed non-responsive and will be rejected. Iftbe contractor listed MBES, WBES and/or SBS that it would use on the project if awarded the bid and the contractor is awarded the bid, the contractor will be required to use his or her best efforts to utilize the MBES, WBES and SBS identified by the contractor unless the contractor can demonstrate a nondiscriminatory, sound, business reason for not using the MBE, WBE or SB. The City Engineer, in his or her sole discretion, will determine whether or not the contractor has demonstrated a nondiscriminatory, sound, business reason. The contractor, in every monthly request for payment, shall submit a status report of MBE, WBE, and SB participation in the project to date. Payment shall not be issued to the contractor until such status report is submitted. The Purchasing Manager will closely monitor the requirements of this section. 7. RACIAL DISCRIMINATION IN CONSTRUCTION CONTRACT BONDING AND INSURANCE In construction contracting, if any person is found by the City Manager or a designee to have engaged in discrimination on the basis of race or gender in the granting of bonds or insurance to persons who contract with or desire to contract with the City, or to persons who receive subcontracts or desire to receive a subcontract in connection with a City contract, the person shall be deemed unqualified to submit a bond or insurance for any City construction contract unless and until the City Manager or designee determines that the discrimination has been purged and that adequate assurances have been made that it will not recur. Any determination by the City Manager of a violation of this section shall be reported in writing to City Council. 8. FEDERAL, STATE OR OTHER GRANT REQUIREMENTS In addition to the provisions of this Plan, when the City is using funds subject to federal, state or other grant requirements with regard to MBES, WBES and/or SBS, the City's Department managing the specific solicitation will take all necessary affirmative steps to assure that the requirements of the grant or program are met. 9. ECONOMIC DEVELOPMENT The Department of Economic Development will assist the Purchasing Division by providing MBES, WBES and SBS with information regarding the resources available to them and by referring such businesses to the Purchasing Division for additional information. The Department of Economic Development will also include MBES, WBES and SBS in any programs it has to introduce and familiarize businesses with opportunities in the City. 10. DEBARMENT Any offeror or bidder, or any principal thereof or person associated therewith, found to have engaged in substantial and intentional misrepresentation concerning either good faith MBE, WBE and/or SB participation efforts or its status as a minority owned, women owned or small business shall be debarred from any City contracting for a period of two (2) years. This debarment shall also extend to any successor firm substantially controlled or managed, whether directly or indirectly, by any debarred individual. This determination shall be made by the City Manager or a designee; and any debarment shall be reported in writing to Council. 11. REPORTING The Purchasing Manager shall, at the conclusion of each fiscal year, report to the City Manager for report to City Council on the Purchasing Division's compliance with this Plan and efforts made pursuant to the Plan. The report shall also include the level of participation by MBES, WBES and SBS in contracts that have been awarded by the City th_rough formal solicitations during that fiscal year. 5 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, xrn~ginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-I145 E-mail: clerk @ ci.roanoke.va.us February 24, 2005 File #77-102 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Mr. Leo Rutledge Urban Division Virginia Department of Transportation 1401 East Broad Street Richmond, Virginia 23219 Dear Mr. Rutledge: I am enclosing copy of Resolution No. 36968-022205 expressing the support of the Council of the City of Roanoke to the Virginia Department of Transportation for improvement of the First Street Bridge, as more fully set forth in a letter from the City Manager addressed to City Council under date of February 22, 2005. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 22, 2005, and is in full force and effect upon its passage. Sincerely,~l~,~.}, .~. ~ Mary F. Parker, CMC City Clerk MFP:ew Enclosure Mr. Leo Rutledge February 24, 2005 Page 2 pc: Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Robert K. Bengtson, Director, Public Works Sherman M. Stovall, Director, Office of Management and Budget Kenneth H. King, Manager, Division of Transportation IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of February, 2005. No. 36968-022205. A RESOLUTION expressing the support of the Council of the City of Roanoke to the Virginia Department of Transportation for the improvement of the First Street Bridge. WHEREAS, in accordance with Virginia Department of Transportation ("VDOT") requirements, City Council must document the City's support, by resolution, ora project before an award of federal funds can be made available for the project. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City hereby endorses the improvement of the First Street Bridge, such improvements being more particularly described in the City Manager's letter dated February 22, 2005, to City Council. 2. The City agrees to pay a twenty per cent (20%) match to the federal funds. 3. If the City subsequently elects to cancel this project, the City shall reimburse VDOT for the total amount of the costs expended by VDOT through the date VDOT is notified of such cancellation. 4. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, all necessary and appropriate agreements providing for the improvement of the First Street Bridge, such agreements to be in such form as is approved by the City Attorney. 5. The City Clerk is directed to transmit an attested copy of this resolution to VDOT. 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 February 22, 2005 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: Project Resolution for Dr. Martin Luther King, Jr. Memorial Bridge (formerly First Street Bridge) Background: The Virginia Department of Transportation (VDOT) requires City Council resolutions documenting the City's support of a project before funding can be made available for the project. Therefore, City Council must pass such a resolution for the recent federal award of $497,050 (VDOT UPC #72794) to be made available for the improvement of the Dr. Martin Luther King, Jr. Memorial Bridge (formerly First Street Bridge) in Roanoke. Approval of this resolution must include the City's agreement to pay the 20% match ($124,262) to the federal funds and to reimburse VDOT for the total amount of the costs expended by VDOT, if the City subsequently elects to cancel the project. The local match funding is available in account 008-052-9754-9003 from funding previously appropriated to the project. Recommended Action: Adopt a resolution endorsing the improvement of the Martin Luther King Jr. Memorial Bridge (formerly First Street Bridge), agreeing to pay the 20% match ($124,262) to the federal funds, and agreeing to reimburse VDOT for the total amount of the costs expended by VDOT, if the City subsequently elects to Honorable Mayor and Members of City Council February 22, 2005 Page 2 cancel the project, and authorizing the City Manager to enter into any and all necessary agreements with applicable federal and state agencies or other affected parties to complete this project, such agreements to be approved as to form by the City Attorney. Respectfully submitted, Darlene L. Burcham City Manager DLB/KHK/gpe C; Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sherman M. Stovall, Director of Management and Budget Robert K. Bengtson, P.E., Director of Public Works Kenneth H. King, P.E. Manager of Division of Transportation CM05-00023 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, xruy~inia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ ci.roanoke.va.us February 24, 2005 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk File #3].6 Mr. Biliie Abshire Mr. John W. Brown, Jr. Mr. Ben A. Burch, Ill Mr. Rick Clark Mr. Chaun Dooley Mr. David Fifer Ms. Ann F. Harmon Mr. Kenneth H. King Mr. David A. Morgan Mr. E. E. Tibbs Dear Commissioners: I am enclosing copy of Resolution No. 36969-022205 abolishing the City of Roanoke Transportation Safety Commission. Some time ago the Commonwealth of Virginia eliminated the requirement for local jurisdictions to have an active Transportation Safety Commission in order to be eligible for certain Federal highway safety funds. Please find enclosed a Certificate of Appreciation for your service to the City of Roanoke and an aerial view photograph of the Roanoke Valley which was issued by the Mayor on behalf of the Members of the Roanoke City Council. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 22, 2005, and is in full force and effect upon its passage. Sincerely, Mary F. C City Clerk MFP:ew Enclosure Commissioners City of Roanoke Transportation Safety Commission February 24, 2005 Page 2 pc: Darlene L. Burcham, City Manager Robert K. Bengtson, Director, Public Works Kenneth H. King, Manager, Division of Transportation Mark D. Jamison, City Traffic Engineer Georgene Elmore, Secretary, Transportation Safety Commission IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of February, 2005. No. 36969-022205. A RESOLUTION abolishing the City of Roanoke Transportation Safety Commission. WHEREAS, the City of Roanoke Highway Safety Commission was established October 21, 1968, by Resolution No. 18389, pursuant to Chapter 562 of the 1968 Acts of the General Assembly of Virginia; WHEREAS, the City of Roanoke Highway Safety Commission was redesignated January 8, 1979, as the City of Roanoke Transportation Safety Commission by Resolution No. 24484; WHEREAS, the Commonwealth of Virginia eliminated the requirement for local jurisdictions to have an active Transportation Safety Commission in order to be eligible for certain federal highway safety funds several years ago; and WHEREAS, the Council of the City of Roanoke wishes to abolish the City of Roanoke Transportation Safety Commission. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke Transportation Safety Commission is hereby abolished. 2. The City Clerk shall transmit to each of the present members of the City of Roanoke Transportation Safety Commission an attested copy of this resolution and express to each member the City's appreciation of their service to the City. City Clerk. K:ht~ESOLUTIONS'OKESOLUTIONS~R-Abolish Transportation Commission 022205.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 February 22, 2005 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. McDaniet, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Transportation Safety Commission Background: The Commonwealth of Virginia once required local jurisdictions to have an active Transportation Safety Commission to be eligible for certain federal highway safety funds. This requirement was eliminated many years ago and most localities have abolished their local Commissions. In the summer of 2004, while reviewing issues with the City's commissions and boards, Council indicated that the current Transportation Safety Commission could be abolished and the functions could be appropriately managed by City staff. Staff could utilize a less formal working committee when needed to ensure thorough consideration and evaluation of transportation safety issues. This would be similar to the current process used to manage transportation planning activities such as development of the City's Long Range Transportation Improvement Plan. The Commission has not been active since Council provided this direction although official action to abolish the Commission has not been taken and the members of the Commission appointed by Council have not been notified that their services are no longer necessary. Honorable Mayor and Members of City Council February 22, 2005 Page 2 Recommended Action: Adopt a resolution abolishing the City of Roanoke's Transportation Commission and thanking its members for their service. Safety DLB/KHK/gpe City Manager C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Robert K. Bengtson, P.E., Director of Public Works Kenneth H. King, P.E., Manager of Division of Transportation Mark D. Jamison, P.E., PTOE, City Traffic Engineer CM05-00024 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC Stephanie M. Moon, CMC City Clerk Deputy City Clerk Sheila N. Hartrnan Assistant City Clerk February 24, 2005 File #200-424 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36970-022205 approving certain amendments to the 2004/2005 and 2002/2003 Annual Updates to the City of Roanoke Five Year Consolidated Plan as described in a letter to Council dated February 22, 2005 from the City Manager. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 22, 2005, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attach me nt Darlene L. Burcham February 24, 2005 Page 2 pc: Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget Frank E. Baratta, Budget Team Leader IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of February, 2005. Po. 36970-022205. A RESOLUTION approving certain amendments to the 2004/2005 and 2002/2003 Annual Updates to the City of Roanoke Five Year Consolidated Plan. WHEREAS, each year, the City receives Community Development Block Grant ("CDBG"), Home Investment Parmership Program ("HOME"), and Emergency Shelter Grant ("ESG") funding from the United States Department of Housing and Urban Development ("HUD") for certain programs and activities; WHEREAS, to receive such CDBG, HOME and ESG funding, the City must submit a Five Year Consolidated Plan ("Plan") and Annual Updates to HUD; WHEREAS, substantial amendments to the Plan must undergo a 30-day public review and comment period and be approved by City Council; WHEREAS, the City has unexpended funds available in several previously planned activities, which funds present an opportunity to assist a number of programs and activities of importance to the community; and WHEREAS, in order to implement new programs and activities and to fund existing programs and activities from the excess income, the 2004/2005 and 2002/2003 Annual Updates to the City of Roanoke Five Year Consolidated Plan must be amended. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the amendments to the 2004/2005 and 2002/2003 Annual Updates to the City of Roanoke Five Year Consolidated Plan as described in the City Manager's letter dated February 22, 2005, to this Council are approved. 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 February 22, 2005 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: Amendments to the 2004/2005 & 2002/2003 Annual Updates to the City of Roanoke Consolidated Plan Background: In order to receive Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grant (ESG) funding, the City of Roanoke must submit a five-year Consolidated Plan and Annual Updates to the U.S. Department of Housing and Urban Development (HUD). Substantial amendments to the plan must undergo a 30-day public review and comment period and be approved by City Council. At this time, the City has unexpended funds available in several previously planned activities. The City has identified several activities of importance to the community, which are summarized on the attachment to this report, to use these funds. In order to implement these uses, each activity and its associated funding must be added to the current plan. Individually and collectively, the activities constitute a substantial amendment to the plan that must be approved by City Council prior to their implementation. Considerations: The 30-day public review and comment period was conducted from January 21 to February 21, 2005. No comments objecting to the intended amendments The Honorable Mayor and Members of Council February 22, 2005 Page 2 were received. Implementing the use of these funds during the current year will have the added benefit of assisting the City to maintain compliance with HUD's requirements concerning timely expenditures. Several funding transfers will need to be made, but these can be accomplished administratively through City Manager budget transfers. Recommended Actions: Approve the amendments to the 2004/2005 and 2002/2003 Annual Updates to the Consolidated Plan, as detailed in the attachment to this report and authorize the City Manager to execute any documents required by HUD in order to accept the funds, such documents to be approved as to form by the City Attorney. City Manager DLB:feb Attachment c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sherman M. Stovall, Acting Director of Management & Budget Frank E. Baratta, Budget Team Leader CM05-0001 8 Consolidated Plan Annual Update Amendments February 22, 2005 Greater Gainsboro Development Project - Funds on hold for infrastructure improvements related to the Roanoke Neighborhood Development Corporation (RNDC) "Crew Suites Building" project will be released for other activities. Funds will be provided for the Greater Gainsboro Development Project when RNDC has secured the needed financing for its building project. (Decrease by $558,730) 2. Villa Heights Recreation Center - Funds which have been on hold for Villa Heights are to be released for use in replacing the Eureka Center's HVAC system. (Decrease by $84,000) Southeast Health Care Transportation Assistance - The unexpended balance of funds in this project will be released for use by Ku'umba Health and Wellness Center to expand its services to the community. (Decrease by $17,600) Neighborhood Development Grants - Unexpended funds from one or more Neighborhood Development Grants (NDG) will be released for use by Old Southwest, Inc. in an NDG project to reduce instances of housing code violations. (Decrease by $9,000) 5. Eureka Center - Funds will be used to make improvements to the Eureka Center's HVAC system or other needs. ($175,000, which includes the $84,000 released from Villa Heights) Lead Grant Match - Funds will be used for housing rehabilitation or other costs associated with the $1 .S million Lead Hazard Control Grant received by the City, and will thereby assist in meeting the match requirements of the grant. ($55,000) Ku'umba Health and Wellness Center - Funds will be used to assist the Center to expand its services to the community, including continuing efforts to provide assistance to Southeast residents. ($17,600) World Changers 2005 - Funds will be used by Blue Ridge Housing Development Corp. to provide housing repair services in one or more City neighborhoods during the summer of 2005. ($80,000) Hanover ProJect - Funds will be used by Blue Ridge Housing Development Corp., in conjunction with Faith Works, to assist the rehabilitation or reconstruction of at least one home in the Hanover Avenue area of the City. ($40,000) 10. Old Southwest NDG - Funds will be used by Old Southwest, Inc. to reduce instances of housing code violations through education, repair assistance and related activities. ($9,000) 11. Affordable Housing Initiative Program - Funds for this project will be increased to allow rehabilitation of a second home for "Officer Next Door" or other iow/mod-income occupancy. ($25,000) Litter Control Project - Funds will be used to purchase and install litter containers in parks and other locations in CDBG-eligible neighborhoods. ($40,000) 13. Gainsboro Segment of Lick Run Greenway - Funds will be used to assist completion of the Gainsboro section of this greenway, which may include construction, landscaping or other related costs. ($127,713) 14. Neighborhood Resource Centers - Funds will be used to establish information centers at the Gainsboro and Melrose branch libraries and offer seminars to develop community leaders in these Iow/mod-income neighborhoods. ($14,000) CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk February 24, 2005 File #60-77-33! 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. 3697!-022205 appropriating funds for the VDOT Six-Year Improvement Program for the Riverland Road, Mt. Pleasant Boulevard Intersection, Bennington Street, 10'h Street Crossing Improvements and Signal & ITS Improvements Projects, and amending and reordaining certain sections of the 2004- 2005 Capital Projects Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 22, 2005, and is in full force and effect upon its passage. Sincerely,/~l/l~ ~I'~' /~ Mary F. Parker, CMC City Clerk MFP:ew Attachment Jesse A. Hall February 24, 2005 Page 2 pc: Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Office of Management and Budget Robert K. Bengtson, Director, Public Works Kenneth H. King, Manager, Division of Transportation IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd day of February, 2005. No. 36971-022205. AN ORDINANCE to appropriate funding to be provided by the VDOT Six-Year Improvement Program for the Riverland Road, Mt. Pleasant Boulevard Intersection, Bennington Street, 10'h Street Crossing Improvements and Signal & ITS Improvements Projects, amending and reordaining certain sections of the 2004-2005 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2004-2005 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to'read and provide as follows: Appropriations Appropriated from State Grant Funds Appropriated from State Grant Funds Appropriated from State Grant Funds Revenues Rivedand Rd./Mt Pleasant/Bennington St. 10th Street Crossing Improvements Signal & ITS Improvements 008-530-9512-9007 $ 220,000 008-530-9832-9007 75,000 008-530-9833-9007 543,000 008-530-9512-9913 008-530-9832-9914 008-530-9833-9915 220,000 75,000 543,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk February 24, 2005 File #60-77-331 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36972-022205 authorizing the City Manager to execute any and all necessary and appropriate agreements to complete certain projects in the City of Roanoke which are in the Virginia Department of Transportation's Six-Year Improvements Projects as described in a letter to Council dated February 22, 2005 from the City Manager. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 22, 2005, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment Darlene L. Burcham February 24, 2005 Page 2 pc: Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget Robert K. Bengtson, Director, Public Works Kenneth H. King, Manager, Division of Transportation IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of February, 2005. No. 36972-022205. A RESOLUTION authorizing the City Manager to enter into any and all necessary and appropriate agreements to complete certain projects in the City of Roanoke which are in · the Virginia Department of Transportation's Six-Year Improvement Projects. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, all necessary and appropriate agreements to complete certain projects in the City of Roanoke which are in the Virginia Department of Transportation's Six-Year Improvement Projects, such projects being more particularly described in the City Manager's letter dated February 22, 2005, to City Council, such agreements to be in such form as are approved by the City Attorney. 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) 853-1 I38 CityWeb: www.roanokegov.com February 22, 2005 Honorable Honorable Honorable Honorable Honorable Honorable Honorable C. Nelson Harris, Mayor Beverly T. Fitzpatrick, Jr., Vice Mayor M. Rupert Cutler, Council Member Alfred T. Dowe, Jr., Council Member Sherman P. Lea, Council Member Brenda L. McDaniel, Council Member Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Appropriation of VDOT Project Funding Background: The Virginia Department of Transportation's (VDOT) Six-Year Improvement Program (SYIP) includes funding for the following projects that are to be locally administered: · Riverland Road, Bennington Street, & Mt. Pleasant Boulevard Intersection Improvement (UPC #71740) - Total project funding of $1,080,000 which includes an FY05 allocation of $220,000, · 10~ Street Pedestrian & Bicycle Crossing Improvements (UPC #71725) - Total project funding of $75,000 all of which is allocated in FY05, and · Citywide Signal & ITS Improvements (UPC #71741) -Total project funding of $1,100,000 which includes an FY05 allocation of $543,000. Because these projects are to be locally administered, City Council needs to appropriate these funds to project accounts for disbursement against project development and implementation expenses. VDOT projects require a local match of 2%. Funding for the local match is available in the VDOT Highway projects account (008-530-9803) Recommended Action: Appropriate $220,000 of VDOT project funding to an existing project account (008-530-9512) entitled "Riverland Road / Mt. Pleasant / Bennington Street". Honorable Mayor and Members of City Council February 22, 2005 Page 2 Establish a revenue estimate of the same for State reimbursement through VDOT's Six-Year Improvement Program. Appropriate $75,000 of VDOT project funding to a new project account to be entitled "10'h Street Crossing Improvements". Establish a revenue estimate of the same for State reimbursement through VDOT's Six-Year Improvement Program. Appropriate $543,000 of VDOT project funding to a new project account to be entitled "Signal & ITS Improvements". Establish a revenue estimate of the same for State reimbursement through VDOT's Six-Year Improvement Program. Authorize the City Manager to enter into any and all necessary agreements with applicable federal and state agencies or other affected parties to complete these projects, such agreements to be approved as to form by the City Attorney. DLB/KHK/gpe C' Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sherman M. Stovall, Director of Management & Budget Robert K. Bengtson, P.E., Director of Public Works Kenneth H. King, P.E., Manager of Division of Transportation CM05-00022 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 February 24, 2005 File #178 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36973-022205 authorizing the City Manager to enter into a 2005 Community Development Block GrantSubgrantAgreementwith the Blue Ridge Housing Development Corporation, Inc., regarding the World Changers project, upon certain terms and conditions as described in a letter to Council dated February 22, 2005 from the City Manager. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 22, 2005, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment Darlene L. Burcham February 24, 2005 Page 2 pc: Alvin Nash, President, Blue Ridge Housing Development Corporation, 510 Eleventh Street, N. W., Roanoke, Virginia 24017 Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget Frank E. Baratta, Budget Team Leader IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of February, 2005. No. 36973-022205. A RESOLUTION authorizing the City Manager to enter into a 2005 Community Development Block Grant (CDBG) Subgrunt Agreement with the Blue Ridge Housing Development Corporation, Inc., regarding the World Changers project, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City, a 2005 CDBG Subgrant Agreement with the Blue Ridge Housing Development Corporation, Inc., regarding the World Changers project, as more particularly set forth in the City Manager's letter dated February 22, 2005, to Council, such agreement to be approved as to form by the City Attorney. City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com February 22, 2005 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 and Members of Council: Subject: Subgrant Agreement with Blue Ridge Housing Development Corporation, Inc., for the 2005 World Changers Project Background: World Changers, a volunteer ministry of the North American Mission Board, Southern Baptist Convention (World Changers), brings together youth and adults from across the Nation to participate in housing and related community service projects. Last year, under a subgrant agreement with Blue Ridge Housing Development Corporation, Inc. (BRHDC), which provided Community Development Block Grant (CDBG) funding for materials and other support, approximately 400 World Changers volunteers assisted in repairing nearly 40 homes in the city. During the project, housing for workers was provided by the Roanoke City School Board. Given the success of this project in 2004 and in the prior year, and the productive working relationships that have been established, the City, BRHDC and World Changers are looking to conduct another project during the summer of 2005. A total of $80,000 in CDBG funds is to be committed to the 2005 project, as detailed in the attached draft subgrant agreement. The use of these funds is being authorized by City Council through a separate report being considered today, which amends the City's Consolidated Plan to add the 2005 World Changers and other projects. The The Honorable Mayor and Members of Council February 22, 2005 Page 2 appropriate City Manager Budget Transfers may be following such approval so as to place the needed accounts. made administratively finding in designated Considerations: A subgrant agreement, similar in form and content to the attachment to this Council Letter, will outline the activities to be undertaken by BRHDC and World Changers. Housing for the World Changers volunteers will again be provided by the Roanoke City School Board; arrangements are being finalized by BRHDC and City staff directly with school officials. Recommended Action: Authorize the City Manager to execute a CDBG Subgrant Agreement with Blue Ridge Housing Development Corporation, Inc., similar in form and content to the attachment to this Council Letter, such agreement to be approved as to form by the City Attorney. Respectfully submitted, DLB:feb Attachments 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 Frank E. Baratta, Budget Team Leader CM05-00020 AGREEMENT This agreement is made and entered into this first day of January, 2005, by and between the following parties: The Grantee City of Roanoke, Virginia 215 Church Avenue, S.W. Roanoke, Virginia 24011 The Subgrantee Blue Ridge Housing Development Corporation, Inc. 510 11 ,h Street, N.W. Roanoke, Virginia 24017 WlTNESSETH WHEREAS, by Resolution No ...... -022205, adopted February 22, 2005, Roanoke City Council authorized amending the 2004-2005 Annual Update to the Consolidated Plan to provide funding for the 2005 World Changers activities; and WHEREAS, by Resolution No ...... - ...... , Roanoke City Council authorized the execution of a subgrant agreement between the Grantee and the Subgrantee to conduct the 2005 World Changers activities and by Ordinance No ...... - ...... appropriated funds therefor; NOW, THEREFORE, the parties hereto mutually agree as follows: 1. SCOPE OF SERVICES: General - Activities to be undertaken by the Subgrantee under this Agreement shall be known as the "Summer 2005 World Changers Housing Rehabilitation Project" (the "Project") and have as their purpose the rehabilitation of single-family housing. Through CDBG funding provided by the Grantee, the Subgrantee will coordinate the rehabilitation of approximately thirty (30) homes located in targeted areas of the City of Roanoke. In addition, the Subgrantee may coordinate community service projects such as block litter clean-ups, gateway beautification, planting trees or shrubbery in the areas of property rehabilitation. All homes assisted with CDBG funds under this Agreement shall be the principal residences of "eligible homeowners," as described in section 1.b. below. Further, housing activities shall be conducted in a manner consistent with the Subgrantee's due diligence and cost detail incorporated into this Agreement by reference. b. Eliaible Homeowners-- For the purposes of this Agreement, an "eligible homeowner" shall mean a family whose income, adjusted for family Page 1 of 21 Pages size, does not exceed 80% of the area median income defined by the U.S. Department of Housing and Urban Development ("HUD") and in effect at the time the family applies for assistance. In addition, the home for which the family is applying for assistance must be the family's principal residence. The Subgrantee shall prepare, and retain with records of the Project, documentation of its determination of each eligible family's size and income, including the name, age, and the sources and estimated amount of income anticipated for the succeeding twelve months for each individual related by birth, marriage or adoption living in the same household at the time of the determination. Allowable Expenditures -- Funds provided by the Grantee under this Agreement shall be used by the Subgrantee solely for the costs associated with coordinating the rehabilitation of approximately thirty (30) homes in the targeted areas of the City of Roanoke. Except as indicated below, funds under this Agreement may be expended for any necessary, reasonable and allowable CDBG costs, including, but not necessarily limited to, staff, marketing, property preparation, supplies and equipment rental, rehabilitation costs, and other related costs associated with the Project. With the Grantee's prior approval, expenditures may also include the cost of capacity-building activities of the Subgrantee. d. Period of this Aqreement --This Agreement shall be effective as of ........ ,2005, and, unless amended, shall end September 30, 2005. 2. BUDGET Unless amended, the total amount of CDBG fund provided by the Grantee under this Agreement shall not exceed $80,000. Of this amount, not more than $8,000 shall be used by the Subgrantee for general administrative, project delivery and capacity-building activity costs without prior written approval from the Grantee. At the sole discretion of the Grantee, any funds remaining unexpended as of the end date of this Agreement may be deobligated from the Agreement and made available for other CDBG projects of the Grantee, as appropriate. 3. REQUESTS FOR DISBURSEMENTS OF FUNDS Disbursement of funds under this Agreement shall not be requested until the funds are needed for payment of allowable expenses. The amount of each disbursement request must be limited to the amount needed. b. In general, disbursements shall be requested no more frequently than monthly, and shall be submitted to the Grantee's Department of Page 2 of 21 Pages Management and Budget in form and content satisfactory to the Grantee, including copies of invoices or bills from vendors supporting the request. Requests for payment of staffwages and benefits shall be supported by payroll summaries or similar documentation. Disbursement of funds to the Subgrantee for properly documented requests will generally be made within ten (10) days of receipt, subject to the allowability of costs and the timely receipt of monthly reports (see section 5 below). All requests for disbursements of funds associated with activities under this Agreement must be received by the Grantee within 30 calendar days of the ending date set forth in section 1.d. above. The Grantee shall not be bound to honor requests for disbursements received after this 30-day period has expired. RECORDS REQUIREMENTS Records to be maintained -- At a minimum, the Subgrantee shall maintain financial and project documents and records which comply with the requirements of 24 CFR 570.506, and 570.507, as applicable. Period of record retention -- In compliance with the requirements of 24 CFR 570.502(b), the Subgrantee shall retain financial and project documents and records pertaining to this Agreement for a period of four (4) years, as applicable, or the conclusion of any legal or administrative process requiring their use, whichever is later. Access to records -- The Grantee and other entities shall have access to financial and project documents and records pertaining to this Agreement in compliance with the applicable requirements of 24 CFR 84.53. REPORTING REQUIREMENTS By the 7th working day following the end of each month, the Subgrantee shall report the progress of activities covered by this Agreement, in a format acceptable to the Grantee's Department of Management and Budget. Such monthly reports shall include, but not be limited to, the following: (1) A narrative section summarizing progress to-date on each program included under the Scope of Services and documents any matching funds identified or to be contributed by the Subgrantee; (2) Alist of monthly gross program income receipts from all sources; Page 3 of 21 Pages (3) A list of any real or non-expendable personal property, including equipment, purchased with CDBG funds; and (4) A table providing data on each housing unit and eligible family assisted (see Attachment A for minimum data elements to be reported). The Subgrantee agrees to submit any other reports or documentation as requested by the Grantee concerning activities covered under this agreement. MONITORING The Subgrantee shall monitor the progress of the project covered by this Agreement, and shall submit appropriate reports to the Grantee's Department of Management and Budget. In addition, it is the Grantee's intention to monitor the Subgrantee's performance and financial and programmatic compliance, which may include on-site reviews, at least once during the period of this Agreement. ANNUALAUDIT As an entity receiving more than $300,000 in federal funding from the Grantee, the Subgrantee shall provide for an annual independent audit of the CDBG/HOME expenditures under this Agreement which complies with OMB Circular A-133. Within 30 days following its completion, two (2) copies of the audit will be provided to the Grantee's Department of Management and Budget. PROGRAM INCOME: "Program income" means gross income received by the Grantee or Subgrantee directly generated from the use of CDBG funds. Program income from any and all sources shall be submitted to the Grantee within five (5) days of its receipt by the Subgrantee. No program income is expected. REVERSION OF ASSETS Upon expiration or termination of this Agreement, including any amendments thereto, the Subgrantee shall transfer to the Grantee any CDBG funds or Program income on hand at the time of expiration or termination and any accounts receivable attributable to the use of CDBG funds. b. Any real property under the Subgrantee=s control that was acquired or improved, in whole or in part, with CDBG funds in excess of $25,OO0: Page 4 of 21 Pages (1) Shall continue for a period of not less than five years following expiration of this Agreement, including any amendments thereto, to be used to meet one of the CDBG national objectives cited in 24 CFR 570.208; or (2) If the property is not used in accordance with paragraph (1) above, the Subgrantee shall pay the Grantee an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. The payment shall be considered Program Income to the Grantee. 10. SUSPENSION AND TERMINATION In the event the Subgrantee materially fails to comply with any term of the Agreement, the Grantee may suspend or terminate, in whole or in part, this Agreement or take other remedial action in accordance with 24 CFR 85.43. The Agreement may be terminated for convenience in accordance with 24 CFR 85.44. 11. COMPLIANCE WITH FEDERAL REGULATIQN$ The Subgrantee agrees to abide by the HUD conditions for CDBG programs as set forth in Attachment B and all other applicable federal regulations relating to specific programs performed hereunder. Further, the Subgrantee agrees to require compliance with applicable federal regulations of the contractor by agreement. 12. SECTION 504: The Subgrantee agrees to comply with any federal regulation issued pursuant to compliance with the Section 504 of the Rehabilitation Act of 1973, as amended which prohibits discrimination against the disabled in any federal assisted program. 13. OTHER PROGRAM/PROJECT REQUIREMENTS In addition to other requirements set forth herein, the Subgrantee shall likewise comply with the applicable provisions of Subpart K of 24 CFR 570, in accordance with the type of project assisted. Such other requirements include, but are not necessarily limited to, the following. Property standards and lead-based oaint -- All housing assisted shall meet the Statewide Building Code and the lead-based paint requirements in 24 CFR 570.608. In accordance with regulations, the Subgrantee shall adhere to lead-based paint abatement practices, as applicable, and in no case shall use lead-based paint in the Page 5 of 21 Pages construction or rehabilitation of the properties assisted under this Agreement. Section 109 -- In accordance with Section 109 of the Housing and Community Development Act of 1974 (42 U.S.C. 3535(d)), no person in the United States shall on grounds of race, color, religion, sex or national origin be excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity funded in whole or in part with funds available under this Agreement. (See also Attachment B.) Conditions for reliqious organizations -- The Subgrantee shall not grant or loan any CDBG funds to primarily religious organizations for any activity including secular activities. In addition, funds may not be used to rehabilitate or construct housing owned by primarily religious organizations or to assist primarily religious organizations in acquiring housing. In particular, there shall be no religious or membership criteria for homeowners to be assisted under this Agreement. Labor standards -- As herein structured, the program covered by this Agreement is not considered subject to federal Labor Standards, including prevailing (Davis-Bacon) wage rates for non-volunteer labor. Such standards will be applicable in the event CDBG funds are used for infrastructure improvements. Such standards will also become applicable for any single structure in which more than 7 housing units are assisted. Environmental standards -- In accordance with 24 CFR 85.36, 92.352 and 570.604, the activities under this Agreement are subject to environmental review requirements. Such requirements include, but are not necessarily limited to, historic significance, floodplain, clean air and hazardous sites. The Grantee has performed the tiered review necessary to initiate the preliminary program activities; however, no CDBG funds may be expended for a given property prior to the Subgrantee's completing its individual property review, any required remedial actions and required Subgrantee environmental checklist, which must include all compliance categories specified by HUD and the Grantee. Where property is to be acquired, the Subgrantee will conduct, directly or through qualified entities, at minimum an "environmental transaction screen," which consists of a review of the property's history and a site visit to determine the condition of the property. All property acquisitions shall be contingent upon satisfactory results of the screen, and, where dictated by the screen, further environmental phases. All specifications for proposed housing rehabilitation under this Agreement shall be submitted to the Grantee's Department of Management and Budget for review as to compliance with Section 106 of the National Historic Preservation Act. These Page 6 of 21 Pages specifications shall also be reviewed by the Grantee's Environmental Administrator to determine whether the potential for disturbing lead and other hazardous materials, such as asbestos, has been adequately taken into account. The Subgrantee agrees to adjust work specifications or activities in such manner as may be requested by the Grantee to ensure compliance with environmental requirements. The results of the historic and other environmental review activities shall be reflected in the Subgrantee's environmental checklist for the unit and/or project site(s). Displacement and relocation -- In accordance with 24 CFR 570.606, the Subgrantee shall take all reasonable steps to minimize displacement as a result of the activities described in section 1. Any persons displaced as a result of the activities under this Agreement shall be provided relocation assistance to the extent permitted and required under applicable regulations. Employment and cQntractine oooortunil;i~s -- In accordance with 24 CFR 570.607, the activities under this Agreement are subject to the requirements of Executive Order 11246, as amended, and Section 3 of the Housing and Urban Development Act of 1968. The former prohibits discrimination on federally-assisted construction contracts and requires contractors to take affirmative action regarding employment actions. The latter provides that, to the greatest extent feasible and consistent with federal, state and local laws, employment and other economic opportunities arising housing rehabilitation, housing construction and public construction projects shall be given to Iow- and very-low-income persons. (See also Attachment B.) Debarment and susoension -- In accordance with 24 CFR 24, the Subgrantee shall not employ or otherwise engage any debarred, suspended, or ineligible contractors or subcontractors to conduct any activities under this Agreement. The Subgrantee will consult appropriate references, including, but not limited to, the Excluded Parties Listing Service website at http://epl$.arnet, gov, to ascertain the status of any third parties prior to engaging their services. The Subgrantee will submit to the Grantee's Department of Management and Budget the names of contractors and subcontractors selected under this Agreement, including a certification by the Subgrantee that it has determined that none of these entities are presently debarred, suspended, or ineligible. Uniform administrative reouirements -- The Subgrantee shall comply with the requirements and standards set forth in 24 CFR 570.502, and all applicable CDBG and other federal regulations pertaining to the activities performed under this Agreement. Page 7 of 21 Pages Conflict of interest -- In accordance with 24 CFR 570.611, no covered individual who exercises any functions or responsibilities with respect to the program, during his tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this Agreement. The Subgrantee shall incorporate, or cause to be incorporated, in any contracts or subcontracts pursuant to this Agreement a provision prohibiting such interest pursuant to the purposes of this section. 14. EQUAL EMPLOYMENT OPPORTUNITY Non-Discrimination: During the performance of this Agreement, the Subgrantee agrees as follows: The Subgrantee will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Subgrantee. The Subgrantee agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. The Subgrantee, in all solicitations or advertisements for employees placed by or on behalf of the Subgrantee, will state that such Subgrantee is an equal opportunity employer. Co Notices, advertisement and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. do The Subgrantee will include the provisions of the foregoing subsections (a), (b) and (c) in every contract or purchase order of over ten thousand dollars and no cents ($10,000.00) so that the provisions will be binding upon each contractor or vendor. 15. DRUG-FREE WORKPLACE The Subgrantee will: (i) provide a drug-free workplace for the Subgrantee's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Subgrantee's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or Page 8 of 21 Pages advertisements for employees placed by or on behalf of the Subgrantee that the Subgrantee maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over ten thousand dollars and no cents ($10,000.00), so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this subsection, "drug-free workplace" means a site for the performance of work done in connection with this contract. 1 6. FAITH-BASED OR(~ANIZATIQN$ Pursuant to ' 2.2-4343.1 of the Code of Virainia (1950). as amended, City of Roanoke does not discriminate aaainst faith-based oraanizations. 1 7. THIRD-PARTY CONTRACTS The Grantee shall not be obligated or liable hereunder to any party other than the Subgrantee. 18. INDEMNIFICATION The 5ubgrantee agrees and binds itself and its successors and assigns to indemnify, keep and hold the Grantee and its officers, employees, agents, volunteers and representatives free and harmless from any liability on account of any injury or damage of any type to any person or property growing out of or directly or indirectly resulting from any act or omission of the Subgrantee including: (a) the Subgrantee's use of the streets or sidewalks of the Grantee or other public property; (b) the performance under this Agreement; (c) the exercise of any right or privilege granted by or under this Agreement; or (d) the failure, refusal or neglect of the Subgrantee to perform any duty imposed upon or assumed by Subgrantee by or under this Agreement. In the event that any suit or proceeding shall be brought against the Grantee or any of its officers, employees, agents, volunteers or representatives at law or in equity, either independently or jointly with the Subgrantee on account thereof, the Subgrantee, upon notice given to it by the Grantee or any of its officers, employees, agents, volunteers or representatives, will pay all costs of defending the Grantee or any of its officers, employees, agents, volunteers or representatives in any such action or other proceeding. In the event of any settlement or any final judgement being awarded against the Grantee or any of its officers, employees, agents, volunteers or representatives, either independently or jointly with the Subgrantee, then the Subgrantee will pay such settlement orjudgement in full or will comply with such decree, pay all costs and expenses of whatsoever nature and hold the Grantee or any of its officers, employees, agents, volunteers or representatives harmless therefrom. Page 9 of 21 Pages 19. INDEPENDENT CONTRACTOR Services performed under this agreement shall be performed on an independent contractor basis and under no circumstances shall this Agreement be construed as establishing an employee/employer relationship. The Subgrantee shall be completely responsible for its activities in performing services hereunder. 20. SUCCESSORS This Agreement shall be binding upon each of the parties, and their assigns, purchasers, trustees, and successors. 21. ENTIRE AGREEMENT This Agreement, including all of its Attachments, represents the entire agreement between the parties and shall not be modified, amended, altered or changed, except by written agreement executed by the parties. 22. AMENDMENTS The Grantee may, from time to time, require changes in the obligations of the Subgrantee hereunder, or its City Council may appropriate further funds for the implementation of this HOME rehabilitation project. In such event or events, such changes which are mutually agreed upon by and between the Grantee and the Subgrantee shall be incorporated by written amendment to this Agreement. 21. GOVERNING LAW This Agreement shall be governed by laws of the Commonwealth of Virginia. 23. AVAILABILITy ~]F FUND~; CDBG and/or HOME funding to be made available by the Grantee under this Agreement is contingent upon necessary appropriations by the U.S. Congress. in the event that sufficient funds are not appropriated, at the sole discretion of the Grantee, this Agreement may be terminated in whole or in part. 24. ANTI-LOBBYING To the best of the Subgrantee's knowledge and belief, no federal appropriated funds have been paid or will be paid, by or on behalf of it, to any persons for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee ora Member of congress in connection with the Page 10 of 21 Pages awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, the Subgrantee will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 25. INSURANCE Reouirement of insurance. The Subgrantee shall, at its sole expense, obtain and maintain during the life of this Agreement or shall ensure that such insurance is obtained and maintained in place, the insurance policies required by this section. Any required insurance policies shall be effective prior to the beginning of any work or other performance by the Subgrantee under this Agreement. The following policies and coverages are required: (1) Commercial General Liability. Commercial general liability insurance shall insure against all claims, loss, cost, damage, expense or liability from loss of life or damage or injury to persons or property arising out of the Subgrantee--s performance under this Agreement. The minimum limits of liability for this coverage shall be $1,000,000.00 combined single limit for any one occurrence. (2) Automobile Liability. The minimum limit of liability for automobile liability insurance shall be $1,000,000.00 combined single limit applicable to owned or non-owned vehicles used in the performance of any work under this Agreement. Umbrella Coveraqe. The insurance coverages and amounts set forth in subsections (1) and (2) of this section may be met by an umbrella liability policy following the form of the underlying primary coverage in a minimum amount of $1,000,000.00. Should an umbrella liability insurance coverage policy be used, such coverage shall be accompanied by a certificate of endorsement stating that it applies to the specific policy numbers indicated for the insurance providing the coverages required by subsections (1) and (2), and it is further agreed that such statement shall be made a part of the certificate of insurance furnished by the Subgrantee to this City. Evidence of Insurangg. requirements: All insurance shall meet the following Page 11 of 21 Pages (1) Prior to execution of this Agreement, the Subgrantee, or its designee shall furnish the City a certificate or certificates of insurance showing the type, amount, effective dates and date of expiration of the policies. Certificates of insurance shall include any insurance deductibles. Such certificates shall be attached to this Agreement at the time of execution of this Agreement and shall be furnished in a timely fashion to demonstrate continuous and uninterrupted coverage of all of the required forms of insurance for the entire term of this Agreement. (2) The required certificate or certificates of insurance shall include substantially the following statement: AThe insurance covered by this certificate shall not be canceled or materially altered, except after thirty (30) days written notice has been received by the Risk Management Officer for the City of Roanoke.@ (3) The required certificate or certificates of insurance shall name the City of Roanoke, its officers, employees, agents, volunteers and representatives as additional insureds. (4) Insurance coverage shall be in a form and with an insurance company approved by the City which approval shall not be unreasonably withheld. Any insurance company providing coverage under this Agreement shall be authorized to do business in the Commonwealth of Virginia. (This space intentionally left blank.) Page 12 of 21 Pages IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year hereinabove written: A~-I-EST: FOR THE GRANTEE: By By Mary F. Parker, City Clerk Darlene L. Burcham, City Manager Al-rEST: FOR THE SUBGRANTEE: By By Cyndi Stultz, Secretary Alvin Nash, President and CEO APPROVED AS TO CDBG ELIGIBILITY APPROVED AS TO FORM Dept. of Management and Budget Assistant City Attorney APPROVED AS TO EXECUTION APPROPRIATION AND FUNDS FOR THIS CONTRACT CERTIFIED Assistant City Attorney Director of Finance Date Account# Page 13 of 21 Pages Attachments Attachment A - Housing/Beneficiary Reporting Elements Attachment B - Special Federal Terms and Conditions Page 14of21 Pages Attachment A Housing/Beneficiary Reporting Elements On a monthly basis, the Subgrantee shall provide a narrative report to the Grantee summarizing progress on the project to-date. Accompanying the narrative, the Subgrantee shall submit data in a table or spreadsheet format that is needed in order that the Grantee may complete its required reports to HUD. Data provided by the Subgrantee shall include: Property -- Address -- Number of bedrooms -- Status (pending, under construction, completed or sold) Homeowner -- Name -- Total family income (projected for 1 2 months following determination) -- Number in family -- Ethnic group -- Whether family is headed by a single female -- Whether head of household is disabled CDBG funds committed to property Prime Contractor (if applicable) Name Federal I.D. Number (or Owner Social Security Number) Whether Minority-Owned, Women-Owned or Both CDBG funds committed to Prime Subcontractor (if applicable; provide separate data for each subcontractor) -- Name -- Federal I.D. Number (or Owner Social Security Number) -- Whether Minority-Owned, Women-Owned or Both -- CDBG funds committed to Subcontractor Page 15 of 21 Pages Attachment B U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SPECIAL TERMS AND CONDITIONS (Agreements $10,000 or Over) 'Section 3" Compliance -- Provision of Trainina. Emoloyment and 13u$ine~ Oooortunitles: The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. The Subgrantee will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. The Subgrantee will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the contractor is in violation of regulations issued by the Secretary of Housing and Urban Development 24 CFR Part 135. The Subgranteewill not subcontract with any contractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Page 16of21 Pages part 135 and will not let any subcontract unless the contractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successor and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its Subgrantees and contractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. Eaual Employment OooortunJty: Contracts subject to Executive (~rder 11246, as amended: Such contracts shall be subject to HUD Equal Employment Opportunity regulations at 24 CFR Part 130 applicable to HUD-assisted construction contracts. The Subgrantee shall cause or require to be inserted in full in any non-exempt contract and subcontract for construction work, or modification thereof as defined in said regulations, which is paid for in whole or in part with assistance provided under this Agreement, the following equal opportunity clause: "During the performance of this contract, the- Subgrantee agrees as follows: The Subgrantee will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Subgrantee will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Subgrantee agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Subgrantee will, in all solicitations or advertisements for employees placed by or on behalf of the Subgrantee, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. c. The Subgrantee will send to each labor union or representative of Page 17 of 21 Pages workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representatives of the Subgrantee's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The Subgrantee will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. The Subgrantee will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. fo n the event of the Subgrantee's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in part, and the Subgrantee may be declared ineligible for further Government contracts or Federally-assisted construction contract procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. The Subgrantee will include the portion of the sentence immediately preceding paragraph (A) and the provisions of paragraphs (A) through (G) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each contractor or vendor. The Subgrantee will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a Subgrantee becomes involved in or is threatened with litigation with a contractor or vendor as a result of such direction by the Department, the Subgrantee may request the United States to enter into such litigation to protect the interest of the United States." The Subgrantee further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in Federally-assisted construction work; provided, that if the Subgrantee so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or Page 18 of 21 Pages subdivision of such government which does not participate in work on or under the contract. The Subgrantee agrees that it will assist and cooperate actively with the Department and the Secretary of Labor in obtaining the compliance of Subgrantees and contractors with the equal opportunity clause and the rules, regulations and relevant orders of the Secretary of Labor; that it will furnish the Department and the Secretary of Labor such compliance; and that it will otherwise assist the Department in the discharge of its primary responsibility for securing compliance. The Subgrantee further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a Subgrantee debarred from, or who has not demonstrated eligibility for Government contracts and Federally-assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon Subgrantees and contractors by the Department or the Secretary of Labor pursuant to Part II, Subpart D, of the Executive Order. In addition, the Subgrantee agrees that if it fails or refuses to comply with these undertakings, the Department may take any or all of the following actions: cancel, terminate or suspend in whole or in part the grant or loan guarantee; refrain from extending any further assistance to the Subgrantee under the Program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such Subgrantee; and refer the cause to the Department of Justice for appropriate legal proceedings. Nondiscrimination Under Title VI of the Civil Riahts Act of 1964: This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and HUD regulations with respect thereto, including the regulations under 24 CFR Part 1. in the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Subgrantee shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis or race, color, religion, sex or national origin, in the sale, lease or rental, or in the use of occupancy of such land or any improvements erected or to be erected thereon, and providing that the Subgrantee and the United States are beneficiaries of and entitled to enforce such covenant. The Subgrantee, in undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. Section 504 and Americans with Disabilitie~ The Subgrantee agrees to comply with any federal regulation issued pursuant to compliance with the Section 504 of the Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act, which prohibit discrimination against the disabled in any federal assisted program. Page 19 of 21 Pages Obliaations of Subarantee with Resoect to Certain Third-par~Y Relationshios: The Subgrantee shall remain fully obligated under the provisions of the Agreement, notwithstanding its designation of any third party or parties for the undertaking of all or any part of the program with respect to which assistance is being provided under this Agreement to the Subgrantee. Any Subgrantee which is not the Applicant shall comply with all lawful requirements of the Applicant necessary to insure that the program, with respect to which assistance is being provided under this Agreement to the Subgrantee is carried out in accordance with the Applicant's Assurances and certifications, including those with respect to the assumption of environmental responsibilities of the Applicant under Section 104(h) of the Housing and Community Development Act of 1974. Interest of Certain Federal Officials: No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from the same. Prohibition Aeainst Payments of Bonus or (;Qmmia~iQll: The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining HUD approval of the application for such assistance, or HUD approval or applications for additional assistance, or any other approval or concurrence of HUD required under this Agreement, Title I of the Housing and Community Development Act of 1974, or HUD regulations with respect thereto; provided, however, that reasonable fees or bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs. 'Section 109": This Agreement is subject to the requirements of Section 109 of the Housing and Community Development Act of 1974, 42 U.S.C. 3535(d). No person in the United States shall on the ground of race, color, religion, sex or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds available under this title. Access to Records and Site of Emolovment: This agreement is subject to the requirements of Executive Order 11246, Executive Order 1375, Civil Rights Act of 1964, as amended. Access shall be permitted during normal business hours to the premises for the purpose of conducting on-site compliance reviews and inspecting and copying such books, records, accounts, and other material as may be relevant tot he matter under investigation and pertinent to compliance with the Order, and the rules and regulations promulgated pursuant thereto by the Subgrantee. Information obtained in this manner shall be used only in connection with the administration of the Order, the administration of the Civil Rights At of Page 20 of 21 Pages 10. 1964 (as amended) and in furtherance of the purpose of the Order and that Act. L~qal Remedies for Contract Violation: If the Subgrantee materially fails to comply with any term of this Agreement, whether stated in a Federal statute or regulation, an assurance, in a State plan or application, a notice of award, or elsewhere, the City may take one or more of the following action, as appropriate in the circumstances: a. Temporarily withhold cash payments pending correction of the deficiency by the Subgrantee, b. Disallow all or part of the cost of the activity or action not in compliance, c. Wholly or partly suspend or terminate the current Agreement, or d. Take other remedies that may be legally available. Page 21 of 21 Pages CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk February 24, 2005 File #60-410 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. 36974-022205 transferring $130,000.00 for purchase of additional chemicals to be used for snow removal, and amending and reordaining certain sections of the 2004-2005 General Fund appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 22, 2005, and is in full force and effect upon its passage. Mary F. Parker, CMC City Clerk MFP:ew Attachment Jesse A. Hall February 24, 2005 Page 2 pc: Darlene L. Burcham, City Manager Robert K. Bengtson, Director, Public Works Sherman M. Stovall, Director, Office of Management and Budget Kenneth H. King, Manager, Division of Transportation IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd day of February, 2005. No. 36974-022205. AN ORDINANCE to transfer funds for snow removal, amending and reordaining cedain sections of the 2004-2005 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2004-2005 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Contingency · Chemicals 001~300-9410-2199 001-530-4140-2045 (130,000) 130,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CiD/Web: www.roanokegov.com February 22, 2005 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: Transfer of Funds For Snow Removal Background: Due to limited resources within our snow removal operating budget, the three (3) storms experienced earlier in the winter depleted the stockpile of salt for our snow removal operations. In an effort to remain adequately stocked and prepared for winter weather, additional salt was obtained. A budget transfer of $130,000 is needed to cover this additional expense. Because this transfer is more than $75,000 it requires Council action. Recommended Action: Transfer funding in the amount of $130,000 from City Manger Contingency (001-300-9410-2199) to the Snow Removal Chemicals account (001-530-4140- 2045) to cover the cost of additional chemicals to remain prepared for winter weather demands. Respectfully submitted, Darlene L. Burcham City Manager Honorable Mayor and Members of City Council February 22, 2005 Page 2 DLB/KHK/gpe 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 Robert K. Bengtson, P.E., Director of Public Works Kenneth H. King, P.E., Manager, Division of Transportation CM05-00025 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk February 24, 2005 File #60-467 Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk Jesse A. Hall Director of Finance Roanoke, Virginia 24014 Dear Mr. Hall: I am attaching copy of Ordinance No. 36975-022205 appropriating funds for the GED Fast Track Program and GED Preparation Classes, and amending and reordaining certain sections of the 2004-2005 School Funds Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 22, 2005, and is in full force and effect upon its passage. Sincerely, City Clerk MFP:ew Attachment Jesse A. Hall February 24, 2005 Page 2 pc: Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Office of Management and Budget Kathy G. Stockburger, Chair, ROanoke City School Board, 2506 Cornwallis Avenue, S. E., Roanoke, Virginia 24014 Cindy H. Lee, Clerk, Roanoke City School Board, P. O. Box 13145, Roanoke, Virginia 24031 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd day of February, 2005. No. 36975-022205. AN ORDINANCE to appropriate funding for the GED Fast Track Program and GED Preparation Classes, amending and reordaining certain sections of the 2004-2005 School Funds Appropriations and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2004-2005 School Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Compensation of Teachers Social Security Advertising Compensation of Teachers Social Security Educational & Recreational Supplies Revenues Fees Fees 030-062-6780-6550-0121 $ 5,574 030-062-6780-6550-0201 426 030-062-6780-6550-0361 9,000 030-062-6776-6550-0121 5,109 030-062-6776-6550-0201 391 030-062-6776-6550-0614 2,500 030-062-6780-1103 15,000 030-062-6776-1103 8,000 Pursuant to the provisions of Section 12 of the City Charter, of this ordinance by title is hereby dispensed with. City Clerk. the second reading '~l Kathy G. Stockburger, Chairman Gloria P. Manns Robert J. Sparrow, Vice Chairman Alvin L. Nash William H. Lindsey Courtney A. Penn ~-Roanoke City School Board P.O. Box 13145, Roanoke, Virginia 24031 · 540-853-2381 · Fax: 540-853-2951 David B. Trinkle, M.D. Doris N. Ennis, Acting Superintendent Cindy H. Lee, Clerk of the Board February 22, 2005 The Honorable C. Nelson Harris, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As the result of official School Board action at its meeting on February 8, the Board respectfully requests City Council to appropriate the following funds: · $15,000.00 for the GED Testing Fast Track program to provide advertising and instructors to increase the participation in the GED examinations. The program is one hundred percent reimbursed by State funds. · $8,000.00 for the GED Expanded Testing program to provide additional instructors and supplies for GED preparation classes and for the administration of the GED examinations. The program is one hundred percent reimbursed by State funds. The School Board thanks you for your approval of this request. Sincerely, C , Clerk Ye CC: Mrs. Kathy G. Stockburger Mrs. Doris N. Ennis Mr. Kenneth F. Mundy Mrs. Darlene Burcham Mr. William M. Hackworth Mr. Jesse A. Hall Mr. Paul Workman (with accounting details) · Discovering the Wealth in All Children JESSE A. HALL Director of Finance email: jesse~hall~ci.roanoke.va.us [ebruarg 22, 2005 CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Room 461 P.O. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-6142 ANN H. SHAWVER Deputy Director email: ann_shav~er~ci.roanoke.va.us The Honorable C. Nelson Harris, Mayor The Honorable Beverly T. Fitzpatrick, Jr., Vice-Mayor The Honorable M. Rupert Cutler, Council Member The Honorable Alfred T. Dowe, Jr., Council Member The Honorable Sherman P. Lea, Council Member The Honorable Brenda L. McDaniel, Council Member The Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: We have reviewed the attached request to appropriate funding for the School Board. This report will appropriate the following: · $15,000 for the GED Testing Fast Track program to provide advertising and instructors to increase the participation in the GED examinations. The program is one hundred percent reimbursed by State funds. · $8,000 for the GED Expanded Testing program to provide additional instructors and supplies for GED preparation classes and for the administration of the GED examinations. The program is one hundred percent reimbursed by State funds. We recommend that you concur with this report of the School Board and adopt the attached budget ordinance to appropriate funding as outlined above. Sincerely, Jesse A. Hall Director of Finance JAH:ca Attachment C: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Mary F. Parker, City Clerk Doris N. Ennis, Acting Superintendent of City Schools Sherman M. Stovall, Director of Management and Budget News from The Roanoke Times -Tuskegee Airmen Page I of 3 Go onl~e before you dine. The Roanoke Times Manage my Paper Tuesday, February 22,2005 Tuskegee Airmen They wanted to be fighter pilots and they wanted to Calendar Columnists Outdoors Business Obituaries Celebrations Community Travel / Visitors Health Dining Guide Pro Talk Yellow Pages Classifieds Jobs Homes Service Directory Picture This Marketplace Notices Cars Place an Ad Get !he PaPer serve their country, but their roles were limited by Contact Us the color of their skin. Contents News New River Valley By David Harrison Sports 981-3340 Entertainment The Roanoke Times ~ e~mail thisstory In 1942 a young black man from West Palm Beach, Fla., Francis Horne, decided he wanted to become a fighter pilot. So he went to Mordson Air Force Base in Florida to take a written exam, the first step in becoming a pilot. When he was done with the test, a white officer took one look at Horne and told him he had failed. The officer had not even bothered to grade the test. But Horne didn't give up. He went to Tuskegee, Ala., reporting for duty at the Tuskegee Army Air Field, the first base established to train black fighter pilots. And though he never served as a pilot, his job as a radio operator kept him in close contact with those who did pilot planes during World War I1. Today, Lt. Col. Horne, 83, lives in Hampton and tours the mid- Atlantic states to tell the story of the Tuskegee Airmen. On Monday, Horne and Chief Master Sgt. Grant Williams, wearing the red jackets A to Z Directory of Tuskegee veterans, were in Roanoke talking to high school students about their experiences. Advertising Archives Book C~ub "We're going to go back to an age when segregation was the law of Coupons the land," Horne told students at the Noel C. Taylor Learning Academy. Editorials The Edge The "Tuskegee experiment," as it was called, began in 1941 after a Home Delivery SEARCF http://search.roanoke.com/dtSearch/dtisapi6.dll?cmd=getdoc&DocId=552&index=C%3 a%... 2/23/2005 News from The Roanoke Times -Tuskegee Airmen Page 2 of 3 Lottery Maps Message Boards Mortgages Neighbors Howard University student filed a lawsuit to force the military to start training black fighter pilots. Before it closed in 1946, the Tuskegee base had trained almost 1,000 men, roughly half of whom were sent overseas. Photo / Multimedia Gallery Politics Real Estate Shopping Smith Mountain Lake Special Reports Stocks Weather Newspaper in Education Personal Ads Pilots were assigned during World War II to the 99th Squadron, which fought in North Africa, and to the 332nd Fighter Group, which escorted bomber planes over Italy. In 200 escort missions, the 332nd never lost a pilot to enemy action, said Williams, 84, who also lives in Hampton and who served in Italy as an administrative support to the unit. Tuskegee-trained pilots destroyed or damaged 409 enemy aircraft and more than 900 pieces of rail equipment, he said. Still, they never received their due during the war. The War Department "tried as hard as they could to prevent people of color from flying in combat," Williams said. Although black Americans had fought in every war going back to the Revolutionary War, "they were never allowed to hold positions of responsibility." Throughout the war, Horne tried unsuccessfully to become a fighter pilot. "When the war was over, I was so bitter I took off my uniform, tore it up and threw it away," he said. "The Star Sp angled Banner belonged to somebody else." Go online He left the service and studied at Hampton before you dhe, Institute before being recalled during the Korean conflict. In 1965, he said, one of his dreams came true. At a meeting in Korea, a Korean officer said, "Let's see what this American thinks." Horne was stunned. "Seven thousand miles away from America, I became an American," he said. In the United States, he said, "1 was called 'boy,' 'Negro,' 'black,' but never an American." Horne's second dream came true three years ago when a young fighter pilot from Langley Air Force Base took him for a ride on an F- 15 and let him steer the plane over Manassas, Richmond and the Chesapeake Bay. "After 66 years I became a fighter pilot," he said. Home and Williams had a busy day Monday. In addition to their http://search.roanoke.com/dtSearctVdtisapi6.dll?cmd=getdoc&Docid=552&index=C%3 a%... 2/23/2005 News from The Roanoke Times -Tuskegee Airmen Page 3 of 3 presentation at Taylor Learning Academy, they spoke to students at VVilliam Fleming High School and Addison Middle School. They were also honored at a reception at First Baptist Church in Gainsboro and at a dinner at the Hotel Roanoke & Conference Center. The Tuskegee veterans were scheduled to speak to students last year, but a snowstorm shut down the schools and prompted organizers to invite them back. "It's not too often you get to meet legends," said George Miller, Taylor Learning Academy principal, who helped organize the event. Louis Ross, founder of a regional organization called Community United in Christ who also helped organize the event, said he wanted to expose young people to the accomplishments of eadier generations. "A lot of our young black men and women, they don't know who they are," Ross said. "Sometimes you've got to get some of these dinosaurs." Those "dinosaurs," it seems, resonated with students. Tiarra Frazier, 17, a William Fleming junior, said she had heard about the Tuskegee Airmen in the school's ROTC program. "1 think they were very brave men," she said. Frazier is debating whether to join the military or go to college after graduation but she said hearing Horne and Williams made one thing certain. "It made me make a decision to go into the Reserves," she said. To Jasmine VVillis, 17, a Fleming senior who was learning about the Tuskegee Airmen for the first time, the talk was a lesson in the power of perseverance. "You keep your eye on the ball and don't let unnecessary things get in your way." Copyright 2006 ~u b~¢ribe to the paper TIlE ROA~NOKE T1ME~N ro~m~ke~om http://sea~ch~r~an~ke~c~m/dtSearch/dtisapi6~d~?cmd=getd~c&D~c~d=552&~ndex=C%3a%... 2/23/2005 Major James M. Brubaker Chief Deputy (540) 853 2056 Captain Glenn E. Billingsley Jail Security Commander (540) 853d750 Sheriff George M. McMillan P.O. Box 494 Roanoke, VA 24003 (540) 853-2941 Fax (540) 853~5353 E-mail: sheriff@ ci.roanoke.va.us Internet: http://www.roanokegov.com February 18, 2005 Captain Bobby D. Russell Court Services Cormmander (540) 853-2580 Captain David F. Cox Services Commander (540) 853-1821 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: Offender Reentry Program and Jail Contract Bed Program It gives me great pleasure to inform each of you about two new programs that have been implemented at the Roanoke City Jail intended to enhance and improve our community. One such undertaking is known as the Offender Reentry Program, and is a cooperative effort between the Roanoke Sheriff's Office and the Virginia Department of Corrections. Basically, it provides life skills training to soon-to- be released prison inmates that are from the Roanoke Valley. Instead of being traditionally released from prison and directly returning to our local streets, inmates placed in this program will be held in the Roanoke City Jail for approximately 45 to 90 days prior to their release. During this period, each inmate will be trained in cognitive thinking, employability skills, substance abuse resistance, anger management, money management, domestic violence avoidance, and other general life skills. The Virginia Department of Corrections has promoted Mr. Tony Jones as Transition Coordinator for the Offender Reentry Program. He will conduct some of the training and informational sessions, and will also coordinate the scheduling of qualified volunteers to teach as well. We are appreciative to the WE SUPPORT THE BOYS & GIRLS CLUB OF ROANOKE VALLEY AS A NATIONALLY ACCREDITED SHERIFF'S OFFICE C; Department of Corrections and Virginia Probation and Parole for working hard to make the program a success. T would like to point out a couple of benefits that this cooperative effort will bring to the citizens of Roanoke. First of all, it will allow offenders opportunities to reintegrate into the community with a foundation upon which they can build productive lives. Obviously this is a better alternative than simply releasing individuals without exposure to such training. Secondly, it will provide another measure of income to the Sheriff's Office. We have conservatively estimated that this particular program will generate $154,000 of revenue during F'Y06. Secondly, T have signed a contract with the Virginia Department of Corrections to house up to 25 inmates as part of the Jail Contract Bed Program. Per the contractual agreement, this would generate approximately $204,000 of additional revenue in FY06. The Department of Finance and the Sheriff's Office project that these, as well as the other programs in operation at the Roanoke City 3ail, will generate approximately $4 million dollars in revenues to offset our budget request for FY06. This is $1 million more than we will generate this fiscal year, which is also running above projections. Thus, with an increase of state funding (approximately $8 million) and the increase in revenues generated by the Sheriff's Office ($4 million) the City's cost will be reduced to approximately $3 million for the Sheriff's Office total budget for FY06. T am looking forward to the successes that we will see come out of this venture. Thank you for allowing me to share in my enthusiasm with you. Sincerely, George M. McMillan Sheriff Mary F. Parker, City Clerk Darlene L. Burcham, City Manager MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vhginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853 1145 E-mail: clerk @ci.roanok¢.va.us February 28, 2005 File #15-110-230 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Ms. Cathy C. Greenberg 1029 Oakwood Drive, S. W. Roanoke, Virginia 24015 Dear Ms. Greenberg: At a regular meeting of the Council of the City of Roanoke which was held on Tuesday, February 22, 2005, you were appointed as a member of the Roanoke Arts Commission, to fill the unexpired term of Courtney A. Penn, resigned, 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 member is required "to read and become familiar with provisions of the Act." Ms. Cathy C. Greenberg February 28, 2005 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 Arts Commission. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosures pc: Mark C. McConnel, Chair, Roanoke Arts Commission, Street, S. E., Roanoke 24014 Judith M. St. Clair, Secretary, Roanoke Arts Commission Stephanie M. Moon, CMC, Deputy City Clerk 532 Linden COMMONWEALTH OF VIRGINIA) ) CITY OF ROANOKE ) To-wit: I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the twenty-second day of February, 2005, Cathy C. Greenberg was appointed as a member of the Roanoke Arts Commission, to fill the unexpired term of Courtney A. Penn, resigned, ending June 30, 2007. Given under my hand and the Seal of the City of Roanoke this twenty- eighth day of February, 2005. City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Cathy C. Greenberg, 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, to fill the unexpired term of Courtney A. Penn, resigned, ending June 30, 2007, according to the best of my ability (So help me God). Subscribed and sworn to before me this __ day of 2005. BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT BY , DEPUTY CLERK K:\oath and leaving scrviceLSa~s Commission\Cathy C Greenbert oath.doc MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Ya'ginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ci.roanoke.va.us STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk March 1, 2005 File #15-110-202 Mr. Stephen S. Willis 5044 Bruceton Road, S. W. Roanoke, Virginia 24018 Dear Mr. Willis: At a regular meeting of the Council of the City of Roanoke which was held on Tuesday, February 22, 2005, you were appointed as a member of the Personnel and Employment Practices Commission, 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. Stephen S. Willis March 1, 2005 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 Personnel and Employment Practices Commission. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosures pc: Kenneth S. Cronin, Secretary, Personnel Commission Stephanie M. Moon, CMC, Deputy City Clerk and Employment Practices COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) Council which was STEPHENS. WILLIS was 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 held on the twenty-second day of February, 2005, appointed as a member of the Personnel and Employment Practices Commission, for a term ending June 30, 2007. Given under my hand and the Seal of the City of Roanoke this first day of March, 2005. City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Stephen S. Willis, 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 Personnel and Employment Practices 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 2005. BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT BY , DEPUTY CLERK K:\oath and leaving service\personnel and employment practices commission~Stc-phen S Willils oath.doc MARY E PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, V-~rginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ ci.roanoke.va.us February 24, 2005 File #15-110-243 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Ms. Vickie F. Rriggs 5656 Prunty Drive Salem, Virginia 24153 Dear Ms. Briggs: At a regular meeting of the Council of the City of Roanoke which was held on Tuesday, February 22, 2005, you were reappointed as a City of Roanoke representative to the Advisory Committee, League of Older Americans, for a term ending February 28, 2006. 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 reappointment and each member is required "to read and become familiar with provisions of the Act." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue your service to the City of Roanoke as a member of the Advisory Committee, League of Older Americans. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosures pc: Stephanie M. Moon, CMC, Deputy City Clerk MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W. Room 456 Roanoke, 5r~rginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ ci.roanoke.va.us March 1, 2005 File #67-110 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Mr. Robert C. Jones 2714 Tillett Road, S. W. Roanoke, Virginia 24015 Dear Mr. Jones: At a regular meeting of the Council of the City of Roanoke which was held on Tuesday, February 22, 2005, you were reappointed as a member of the Parks and Recreation Advisory Board, for a term ending March 31, 2008. 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 member is required "to read and become familiar with provisions of the Act." K:\oath and leaving servicekParks and Rec\Robert C Jones oath.doc Mr. Robert C. Jones March 1, 2005 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 as a member of the Parks and Recreation Advisory Board. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosures pc: Steven C. Buschor, Director, Parks and Recreation Carl H. Kopitzke, Vice-Chair, Parks and Recreation Advisory Board, 23:~4 Martin Lane, S. W., Roanoke, Virginia 24015 Stephanie M. Moon, CMC, Deputy City Clerk K:\oath and leaving service~Parks and Rec~.obert C Jones oath.doc COMMONWEALTH OF VIRGINIA) CITY OF ROANOKE ) ) To-wit: I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the twenty-second day of February, 2005, ROBERT C. JONES was reappointed as a member of the Parks and Recreation Advisory Board, for a term ending March 31, 2008. Given under my hand and the Seal of the City of Roanoke this first day of March, 2005. City Clerk K:\oath and leaving service~Parks and RecXRobert C Jones oath.doc Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Robert C. Jones, 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 Parks and Recreation Advisory Board, for a term ending March 31, 2008, according to the best of my ability (So help me God). Subscribed and sworn to before me this day of 2005. BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT BY , DEPUTY CLERK K:\oath and leaving service~Parks and Rec~Robc-H C Jones oath.doc MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vuginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ ¢i.roanoke.va.u s March 1, 2005 File #67-110 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Mr. Thomas Pettigrew 1301 Greenlane Road, N. W. Roanoke, Virginia 24017 Dear Mr. Pettigrew: At a regular meeting of the Council of the City of Roanoke which was held on Tuesday, February 22, 2005, you were reappointed as a member of the Parks and Recreation Advisory Board, for a term ending March 31, 2008. 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 member is required "to read and become familiar with provisions of the Act." K:\oath and leaving service~Parks and Rec\Thomas Pettigrew oath.doc Mr. Thomas Pettigrew March 1, 2005 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 as a member of the Parks and Recreation Advisory Board. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosures pc: Steven C. Buschor, Director, Parks and Recreation Carl H. Kopitzke, Vice-Chair, Parks and Recreation Advisory Board, 2314 Martin Lane, S. W., Roanoke, Virginia 24015 Stephanie M. Moon, CMC, Deputy City Clerk K:\oath and leaving servicehnarks and Rec\Thomas Pettigrew oath.doc COMMONWEALTH OF VIRGINIA) CITY OF ROANOKE ) ) To-wit: I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the twenty-second day of February, 2005, THOMAS PE-I-FIGREW was reappointed as a member of the Parks and Recreation Advisory Board, for a term ending March 31, 2008. Given under my hand and the Seal of the City of Roanoke this first day of March, 2005. City Clerk K:~oath and leaving serviceh°arks and Rec\Thomas Pettigrew oath.doc Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Thomas Pettigrew, 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 Parks and Recreation Advisory Board, for a term ending March 31, 2008, according to the best of my ability (So help me God). Subscribed and sworn to before me this__ day of 2005, BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT BY ., DEPUTY CLERK K:\oath and leaving service~Parks and Rec\T~omas Pettigrew oath.doc MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Xrtrginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @cLroanoke.va.us March 1, 2005 File #67-110 STEPHANIE M. MOON, CMC Deputy City Clerk SHE1LA N. HARTMAN Assistant City Clerk Ms. Christene A. Montgomery 622-A Walnut Avenue, S. W. Roanoke, Virginia 24016 Dear Ms. Montgomery: At a regular meeting of the Council of the City of Roanoke which was held on Tuesday, February 22, 2005, you were reappointed as a member of the Parks and Recreation Advisory Board, for a term ending March 31, 2008. 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 member is required "to read and become familiar with provisions of the Act." K:~oath and leaving serviceWarks and RecXchristine a montgomery oath05.doc Ms. Christene A. Montgomery March 1, 2005 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 as a member of the Parks and Recreation Advisory Board. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosures pc: Steven C. Buschor, Director, Parks and Recreation Carl H. Kopitzke, Vice-Chair, Parks and Recreation Advisory Board, 23].4 Martin Lane, S. W., Roanoke, Virginia 240].5 Stephanie M. Moon, CMC, Deputy City Clerk K:\oath and leaving servic¢~Parks and Rec~chfistin¢ a montgomery oath05.doc COMMONWEALTH OF VIRGINIA) CITY OF ROANOKE ) ) To-wit: I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the twenty-second day of February, 2005, CHRISTENE A. MONTGOMERY was reappointed as a member of the Parks and Recreation Advisory Board, for a term ending March 31, 2008. Given under my hand and the Seal of the City of Roanoke this first day of March, 2005. City Clerk K:~oath and leaving serviceWarks and Rec~chrisfine a montgomery oath05.doc Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Christene A. Montgomery, 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 Parks and Recreation Advisory Board, for a term ending March 31, 2008, according to the best of my ability (So help me God). Subscribed and sworn to before me this__ day of 2005. BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT BY ,DEPUTYCLERK K:\oath and leaving serviceLUarks and Rec~christine a montgomery oath05.doc MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 21 $ Church Avenue, S.W., Room 456 Roanoke, V~rginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ ci.roanoke.va.us March 1, 2005 File #67-110 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Ms. Sharon L. Stinnette 1801 Mount Vernon Road, S. W. Roanoke, Virginia 24015 Dear Ms. Stinnette: At a regular meeting of the Council of the City of Roanoke which was held on Tuesday, February 22, 2005, you were reappointed as a member of the Parks and Recreation Advisory Board, for a term ending March 31, 2008. 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 member is required "to read and become familiar with provisions of the Act." K:\oath and leaving serviceXParks and RecLsharon I stinnette oath05.doc Ms. Sharon L. Stinnette March 1, 2005 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 as a member of the Parks and Recreation Advisory Board. Sincerely, ~¢~b~/,~-~ Mary F. ', CMC City Clerk MFP:ew Enclosures pc: Steven C. Buschor, Director, Parks and Recreation Carl H. Kopitzke, Vice-Chair, Parks and Recreation Advisory Board, 2314 Martin Lane, S. W., Roanoke, Virginia 24015 Stephanie M. Moon, CMC, Deputy City Clerk K:\oath and leaving service~Parks and Rec~sharon 1 stinn¢tte oath05,doc COMMONWEALTH OF VIRGINIA) CITY OF ROANOKE ) ) To-wit: I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the twenty-second day of February, 2005, SHARON L. STINNE'I-FE was reappointed as a member of the Parks and Recreation Advisory Board, for a term ending March 31, 2008. Given under my hand and the Seal of the City of Roanoke this first day of March, 2005. City Clerk K:\oath and leaving service~Parks and R¢c~haron I stinnette oath05.doc Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Sharon L. Stinnette, 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 Parks and Recreation Advisory Board, for a term ending March 31, 2008, according to the best of my ability (So help me God). Subscribed and sworn to before me this__ day of 2005. BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT BY , DEPUTY CLERK K:\oath and leaving service~Parks and RecXsharon 1 stinnette oath05.doc MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, V'trginJa 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us March 1, 2005 File #67-110 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assislant City Clerk Mr. Sherley E. Stuart 3774 Laurel Ridge Road, N. W. Roanoke, Virginia 24017 Dear Mr. Stuart: At a regular meeting of the Council of the City of Roanoke which was held on Tuesday, February 22, 2005, you were reappointed as a member of the Parks and Recreation Advisory Board, for a term ending March 31, 2008. 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 member is required "to read and become familiar with provisions of the Act." K:\oath and leaving service~Parks and Re¢~herley e stuar~ oath05.doc Mr. Sherley E. Stuart March 1, 2005 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 as a member of the Parks and Recreation Advisory Board. Sincerely, City Clerk MFP:ew Enclosures pc: Steven C. Buschor, Director, Parks and Recreation Carl H. Kopitzke, Vice-Chair, Parks and Recreation Advisory Board, 2314 Martin Lane, S. W., Roanoke, Virginia 24015 Stephanie M. Moon, CMC, Deputy City Clerk K;\oath and leaving service\Parks and Rec~sh~rley e stuart oath05.doc COMMONWEALTH OF VIRGINIA) ) CITY OF ROANOKE ) To-wit: I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the twenty-second day of February, 2005, SHERLEY E. STUART was reappointed as a member of the Parks and Recreation Advisory Board, for a term ending March 31, 2008. Given under my hand and the Seal of the City of Roanoke this first day of March, 2005. City Clerk K:\oath and leaving service~Parks and R¢c~shcrley e stuart oath05.doc Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Sherley E. Stuart, 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 Parks and Recreation Advisory Board, for a term ending March 31, 2008, according to the best of my ability (So help me God). Subscribed and sworn to before me this__ day of 2005. BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT BY , DEPUTY CLERK K:\oath and leaving service~Parks and Recksherley e stuart oath05.doc MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virg~'~a 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-maih clerk @ ¢i.roanoke.va.us STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk March 1, 2005 File #15-110-249 Ms. LoraJ. Katz 3555 Heritage Circle, S. W. Roanoke, Virginia 24015 Dear Ms. Katz: At a regular meeting of the Council of the City of Roanoke which was held on Tuesday, February 22, 2005, you were appointed as a member of the Architectural Review Board, to fill the unexpired term of Robert B. Manetta, resigned, ending October 1, 2006. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am 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." Ms. LoraJ. Katz March 1,2005 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 Architectural Review Board. Sincerely, ~,~u~-- MaryF r~,ke~,CMC City Clerk MFP:ew Enclosures pc: Martha P. Franklin, Secretary, Architectural Review Board Stephanie M. Moon, CMC, Deputy City Clerk COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the twenty-second day of February, 2005, LORAJ. KATZ was appointed as a member of the Architectural Review Board to fill the unexpired term of Robert B. Manetta, resigned, ending October 1, 2006. Given under my hand and the Seal of the City of Roanoke this first day of March, 2005. City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Lora J. Katz, 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 Architectural Review Board, to fill the unexpired term of Robert B. Manetta, resigned, ending October 1,2006, according to the best of my ability (So help me God). Subscribed and sworn to before me this __ day of 2005. BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT BY , DEPUTY CLERK Office of the Mayor CITY OF ROANOKE WHEREAS, DeMolay is a character-building organization of young men from ages 12-21; members learn life-skills, responsibility and cooperation by working together to plan and carry out a customized program of social, sports and community service activities to prepare themselves to become better citizens and better leaders for tomorrow; and WHEREAS, DeMolay helps to develop traits of character building in all ages; and WHEREAS, since 1919, DeMolay has encouraged more than one million young men to become leaders of character; and WHEREAS, the Roanoke Valley Chapter of DeMolay is the Commonwealth of Virginia's largest and fastest growing chapter, and will observe the 86tn Anniversary of ~)eMolay in the year 2005. NOW, THEREFORE. I, C Nelson Harris, Mayor of the City of Roanoke, Virginia, encourage all citizens to salute the young men of DeMolay, to express appreciation for the outstanding example they set, and to acknowledge their many contributions to the community and, do hereby proclaim March 2005, throughout this great All-America City, as DeMOLA Y MONTH. Given under our hands and the Seal of the City of Roanoke this Iweqty-second day of February in the year two thousand and five. A TTEST~- Mary F. Parker City Clerk C. Nelson Harris Mayor MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, xraginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ ci.roanoke.va.us March 7, 2005 File #67-564 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk All American Road Selection Committee c/o Deidre Hewitt Blue Ridge Parkway 199 Hemphill Knob Road Asheville, North Carolina 28803-8686 Dear Committee Members: I am enclosing copy of Resolution No. 36976-022205 supporting the designation of the Blue Ridge Parkway for the Scenic Byway/All American Road Program. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 22, 2005, and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon, CMC Deputy City Clerk SMM:ew Enclosure Committee Members March 7, 2005 Page 2 pc: Richard Caywood, District Administrator, Virginia Department of Transportation, P. O. Box 3071, Salem, Virginia 24:~53 Darlene L Burcham, City Manager Forest G. Jones, City Manager, P. O. Box 869, Salem, Virginia 24153 Elmer C. Hodge, Roanoke County Administrator, P. O. Box 29800 Roanoke, Virginia 24018-0798 Wayne G. Strickland, Executive Director, Roanoke Valley AIleghany Regional Planning Commission, P. O. Box 2569, Roanoke, Virginia 24010 Kevin S. Boggess, Town Manager, 311 Pollard Street, Vinton, Virginia 24179 Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget R. Brian Townsend, Director, Planning Building and Development MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Yn'ginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ ci.roanoke.¥a.us STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk February 24, 2005 File #67-564 Gary Johnson, Superintendent Blue Ridge Parkway National Park Service U. S. Department of the Interior 199 Hemphill Knob Road Asheville, North Carolina 28803-8686 Dear Mr. Johnson: I am enclosing copy of Resolution No. 36976-022205 supporting the designation of the Blue Ridge Parkway for the Scenic Byway/All American Road Program. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 22, 2005, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosure Gary Johnson February 24, 2005 Page 2 pc: Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget R. Brian Townsend, Director, Planning Building and Development IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of February, 2005. No. 36976-022205. A Resolution supporting the designation of the Blue Ridge Parkway for the Scenic Byway/All American Road Program. WHEREAS, the designation of the Blue Ridge Parkway for the National Scenic Byway/All American Road Program by the Federal Highway Administration would further enhance the importance of this scenic highway, both nationally and internationally; WHEREAS, the Parkway has been in existence for almost 70 years and its significance as a local, state, and national resource has continued to grow; WHEREAS, with approximately 18 million recreational visitors annually, the Blue Ridge Parkway represents a cultural and tourism attraction for the City of Roanoke and the Roanoke Valley; and WHEREAS, with Roanoke being the largest City located adjacent to the Parkway, the future of Roanoke is directly linked to the continued protection, marketing, and enhancement of this important cultural, scenic, and historic resoume. NOW, THEREFORE BE IT RESOLVED by the Council of the City of Roanoke, Virginia that: 1. City Council supports and endorses the Blue Ridge Parkway's nomination to the Federal Highway Administration for the National Scenic Byway/All American Road program. 2. City Council encourages all other localities adjacent to the Blue Ridge Parkway to endorse the Blue Ridge Parkway's nomination. 3. The City Clerk is authorized to forward a copy of this resolution to the National Park Service for inclusion in its nomination package to the Federal Highway Administration. Attest: City Clerk. CITY OF ROANOKE OFFICE OF THE C1TY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com February 22, 2005 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: Resolution Supporting the Designation of the Blue Ridge Parkway for the National Scenic Byway/All American Road Program Over the past year, the Blue Ridge Parkway has been working in concert with VDOT, the Department of Conservation and Recreation, Scenic Virginia, the three other National Park Service sites in Virginia (George Washington Memorial Parkway, Colonial National Historic Park, and Shenandoah National Park), and other related organizations to prepare four nominations for the National Scenic Byway/Ali-American Road program. Currently Virginia has no National Scenic Byways, and is therefore not featured on certain maps and websites used by potential tourists from all over the world. Given that the Blue Ridge Parkway would be one of the four byways nominated, the National Park Service is seeking support for this nomination from localities through which the Parkway is located. While the designation is one of recognition only, the designation is being sought in order to raise awareness of the significance of the Parkway and to potentially leverage other resources to aid in the protection of the Parkway as a scenic, cultural, and historic resource. The designation could aid in obtaining National Park Service funding for Mayor Harris and Members of City Council February 22, 2005 Page 2 continued regional planning efforts, and could also leverage various grant applications made by local public and private stakeholder groups. Recommendation: Adopt the attached resolution expressing the City of Roanoke's support for the nomination of the Blue Ridge Parkway for the National Scenic Byway/All American Road program. Respectfully submitted, Darlene Burcham City Manager DLB:rbt C; Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance R. Brian Townsend, Director of Planning Building and Development CM05-00026 MARY F. pARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vu'giaia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-raail: clerk @ ci.roanoke.va.us STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk February 25, 2005 File #468-514 The Honorable Brenda L. Hamilton Clerk of Circuit Court Roanoke, Virginia Tom Robertson The Scott Robertson Memorial Fund P. O. Box 33 Roanoke, Virginia 24002 Dear Ms. Hamilton and Mr. Robertson: I am enclosing copy of Ordinance No. 36977-022205 authorizing the alteration and closing, by barricade, of certain public right-of-way, described as the easternmost 250 feet of Densmore Road, N. W. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 22, 2005, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosure Ms. Brenda L. Hamilton Mr. Tom Robertson February 25, 2005 Page 2 pc: Jennifer W. Blackwood, Interim Executive Director of First Tee, The Scott Robertson Memorial Fund, P. O. Box 33, Roanoke, Virginia 24002 Mr. Richard B. Burrow, 2216 Maiden Lane, S. W., Roanoke, Virginia 24015 Roanoke Country Club, P. O. Box 6069, Roanoke, Virginia 24017 Dr. Melva H. Belcher, Principal, Westside Elementary School, :~441 Westside Boulevard, N. W., Roanoke, Virginia 24017 Kathy G. Stockburger, Chair, Roanoke City School Board, 2506 Cornwallis Avenue, S. E., Roanoke, Virginia 24014 Cindy H. Lee, Clerk, Roanoke City School Board, P. O. Box 13145, Roanoke, Virginia 24031 Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer Richard A. Rife, Chair, City Planning Commission, :~326 Grandin Road, S. W., Roanoke, Virginia 24015 Martha P. Franklin, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of February, 2005. No. 36977-022205. AN ORDINANCE authorizing the alteration and closing bybarricade of certain public right- of-way in the City of Roanoke, Virginia, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. WHEREAS, The Scott Robertson Memorial Fund filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to alter and close by barricade tl3. e public right-of-way described hereinafter; WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §30-14, Code of the City of Roanoke (I 979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public heating was held on such application by the City Council on February 22, 2005, 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 closure by barricade of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no substantial inconvenience will result to any individual or to the public from altering and closing by barricade such public tight-of-way, and that such alteration will promote the safety and welfare of those using the subject public tight-of-way in the vicinity of the tight-of-way to be closed. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: The easternmost 250' of Densmore Road, N.W. be, and hereby is, altered and closed by way of a barricade, as described in such application. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "Altered and Closed by Barricade" on such right-of-way on all maps and plats on file in this office on which such rights-of-way are shown, referring to the book and page of ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this Ordinance shall be spread. BE IT FURTHER ORDAINED that the City Clerk deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, an attested copy of this ordinance in order that such Clerk may make proper notations, if any, of the alteration and closing by barricade as described above on all maps and plats recorded in that office on which Densmore Road, N.W., appears. BE IT FINALLY ORDAINED that pursuant to the provisions of§l 2 of the City Charier, the second reading of this ordinance by title is hereby dispensed with. City Clerk. 2 Board of Zoning Appeals Planning Commission CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540)853-1730 Fax: (540)853-1230 E-mail: planning @ ci.roanoke.va.us February 22,2005 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 Scott Robertson Memorial Fund, represented by Tom Robertson, that the easternmost 250' of Densmore Road, N.W., be closed by barricade. Planning Commission Action: Planning Commission public hearing was held on Thursday, January 20, 2005. By a vote of 1-5 (Mr. Manetta voting for; Messrs. Butler, Chrisman, Scholz, Rife and Ms. Prince voting against; and Mr. Williams absent), the motion failed. Background: The petitioner requests that Densmore Road, N.W. be closed by barricade between the westernmost property lines of Official Tax Nos. 2671002 and 2670906. The petitioner plans to have the First Tee Junior Golf Program established on Official Tax No. 2670906 on Densmore Road, N.W. The petitioner petitioned to vacate a portion of right -of-way between Official Tax Nos. 2670906 and 2671005 in July 2003. City Council approved the request in August 2003. This vacated right-of-way enabled the parcel to be combined so as to facilitate use as a golf teaching facility. In the December hearing, Mr. Talevi advised that since the City would remain the owner of Densmore Road that it would maintain the street and assume liability. Several members of the Planning Commission voiced concern with the petition in its current form and suggested that a different solution be considered. The petitioner requested that the item be continued for one month. Four members of the Commission indicated that they did not think that gating Densmore Road was the best means of securing the petitioner's property. Mr. Chrisman asked the petitioner if anything had changed since the previous hearing in December, to which the petitioner replied no. Mr. Rife asked staff if there were any alternatives to the request that would satisfy the petitioner's objectives. Staff stated that the best solution would be for the petitioner to vacate the subject portion of Densmore Road. Mr. Townsend said the petitioner could also fence their property line rather than barricading or vacating the right-of-way. Mr. Butler asked staff if there was a concern that approval of this request would set a precedent, and that it put the Planning Commission in a difficult position. Staff replied that previous barricade requests were not held to the same level of scrutiny, and that the petitioner's circumstances posed a reasonable argument for the request. Mr. Butler and Mr. Chrisman both stated that the previous requests held less risk for the City. Mrs. Prince stated that a gated fence would not be sufficient enough to prevent vandals from harming the petitioner's property. Mr. Manetta stated that the petitioner was essentially taking on the risk to their property by barricading Densmore Road, since theirs would be the only property affected by the barricade. Considerations: This portion of Densmore Road is adjoined by parcels zoned RS-3, Residential Single-family, High Density District. The grounds of the Roanoke Country Club surround the subject portion of right-of-way along with the parcel owned by Scott Robertson Memorial Fund, Official Tax Map Number 2670906. Westside Elementary School for the Performing and Visual Arts lies to the west. City sewer and water serve the area. Staff received comments from Verizon, AEP and Roanoke Gas. The latter does not have any facilities in the area. Verizon and AEP both stated no objection to the request, provided a public utility easement is maintained. The petitioner proposes to install a locked gate over the right -of-way and provide access to the Roanoke Country Club, the City, and all utility providers, as necessary. The subject portion of right-of-way does not serve any other property owner. The location of the barricade will be approximately at the westernmost boundary of Official Tax No. 2670906 as illustrated on the attached map. The petitioner stated that the gate will allow them to secure their site and prevent the right-of-way from being used by motorists who park at that location late at night. Recommendation: By a vote of 1-5, the Planning Commission motion to recommend approval of the request to close the subject portion of Densmore Road, N.W. by barricade failed. The Commission felt that the applicant had other options for addressing security of the site that should be pursued, including fencing of the site parallel to the existing right -of-way or by seeking vacation of that portion of the right-of-way in its entirety. Respectfully submitted, City Planning Commission CC: Darlene L. Burcham, City Manager RolandaJohnson, Assistant City Manager for Community Development Steven J. Talevi, Assistant City Attorney Petitioner IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA 1N RE: Petition to Close by Barricade Application oft. he Scott Robertson Memorial Fund for closure by gated fence of the easternmost 250' of Densmom Road, NW. MEMBERS OF COUNCIL: The Scott Robertson Memorial Fund (SRM) applies to have the dead-end portion (easternmost 250') of Densmore Road, NW, permanently closed by gated fence pursuant to Virginia Code Section 15.2-2006 and Section 30-14, Code of the City of Roanoke (1979), as amended. This street is more particularly described on the map attached and as follows: Densmore Road, NW, is approximately 800' long, extending easterly from Westside Boulevard to its dead-end adjacent to 3707 Densmore Road, and contiguous to the fenced western boundary of the Roanoke Country Club. The easternmost 250' of surface-treated roadway is contained within a variable right-of-way width and provides no access to the adjoining property owner, Roanoke Country Club. The structure at 3707 Densmore Road, the site of the petitioner's establishment, is the only property currently with ingress and egress from Densmore Road. The Scott Robertson Memorial Fund states that the grounds for this application are as follows: The only landowner who needs access to the dead-end portion of Densmore Road, NW, is SRM for its operations. For security purposes, the SRM needs to control access to its property at 3707 Densmore Road. The SRM intends to extend the fence along the westernmost boundary of its property to connect with the existing fence on the northern boundary of the Roanoke Country Club. In making the connection offences, the dead-end portion of Densmore Road would be enclosed within the barrier offence. The portion of fencing crossing the Densmore roadway surface would be secured with a swing gate that would be fully open during normal operating hours of the SRM facility but closed and locked during non-operating hours. The City of Roanoke and Roanoke Country Club would be provided keyed access to the gated fence for any emergency needs, as well as for any other needs the City or the Country Club may have. WHEREFORE, the Scott Robertson Memorial Fund respectfully requests that the above- described street be closed by gated fence by the Council of the City of Roanoke, Virginia, in accordance with the Virginia Code Section 15.2-2006 and Section 30-14, Code of the City of Roanoke (1979), as amended. Respectfully submitted, Tom Robertson July 1,2004 The Scott Robertson Memorial Fund 3707 Densmore Road, NW P. O. Box 33 Roanoke, VA 24002 Phone: (540) 581- 0175 (540) 581- 0133 City of Roanoke - GIS Page 2 of 5 BUILDING PERMITS View Permits Images http://gis/website/rnke/rptDetailAll.cfm?mapno=2670906 &mapFn-~mke_GIS2512248033... 6/29/2004 Informational Reference: Application of the Scott Robertson Memorial Fund (SRM) for closure by gated fence of the easternmost 250' of Densmore Road, NW. In support of the Petition to close by barricade is the following information concerning adjacent property owners to 3707 Densmore Road, NW. The referenced SRM property is contained within Tax Map Number 2670906. There are two property owners adjacent to dead-end section of Densmore proposed to be barricaded by a gated fence. Listin~ of Adjacent Property Owners: Category 1. Adjacent Property Owner 2. Adjacent Property Description 3. Adjacent Property Address 4. Tax Map Number(s) adjacent to Densmore Rd. Adiacent Pronert3, #1 City of Roanoke School Board Westside Boulevard Elementary School 1441 Westside Boulevard 2670901 5. Adjacent Property Owners Mailing Address City of Roanoke Roanoke School Board Room 250, Municipal Bldg. 215 Church Avenue Roanoke, VA 24011 Adiacent Prooertv #2 Roanoke Country Club Country Club Golf Course 3360 Counlry Club Road 2671001 2671002 2671005 2671007 2671008 2671009 Roanoke Counlry Club 3360 Country Club Road P. O. Box 6069 Roanoke, VA 24017~0069 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times ................................................. + ....................... ROANOKE CITY CLERK'S OFFICE 215 CHURCH AVE RM 4 ROANOKE VA 24011 REFERENCE: 80023382 05042984 NOTICEOFPUBLICHEARIN State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Vir 'nia. Sworn and subscribed before me this ayof 2005. Witness hand and February my al seal. . PUBL-mH~D ON: 02/04 02/11 TOTAL COST: FILED ON: 242.88 02/16/05 Authorized NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Tuesday, February 22, 2005, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., on the issue of whether to close and discontinue by barricade, the following public right-of-way: The easternmost 250' of Densmore Road, 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 hearing, contact the City Clerk's Office, 853-2541, by 12:00 noon on Thursday, February 17, 2005. GIVEN under my hand this 2nd day of February ,2005. Mary F. Parker, City Clerk. Notice to Publisher: Publish in the Roanoke Times once on Friday, February 4, 2005 and Friday, February 11, 2005. Send bill and affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, ~r~rginia 24011-1536 Telephone: (540) 853-2J41 Fax: (540) 853-1145 E-mail: clerk @ ci.roanoke.va.us February 8, 2005 File #468-514 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Roanoke Country Club P. O. Box 6069 Roanoke, Virginia 24017-0069 Dr. Melva H. Belcher, Principal Westside Elementary School 1441 Westside Boulevard, N. W. Roanoke, Virginia 24017 Kathy G. Stockburger, Chair Roanoke City School Board 2506 Cornwallis Avenue, S. E. Roanoke, Virginia 24014 Cindy H. Lee, Clerk Roanoke City School Board P.O. Box 13145 Roanoke, Virginia 24031 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 Tuesday, February 22, 2005, 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 Scott Robertson Memorial Fund, with regard to closing, by barricade, the easternmost 250 feet of Densmore Road, N. W. I am enclosing copy of a report of the City Planning Commission with regard to the request. 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 above referenced matter, please call the Department of Planning, Building and Development at 540-853-1730. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosure C:~MyFiles~vly Documents~At~rnc~s and Adjoining Property Owncrs3.doc MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, V'n~gin~a 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ ci.roanoke.va.us February 8, 2005 File #468-514 STEPHANIE M. MOON, CMC Depu~ty City Clerk SHEILA N. HARTMAN Assistant City Clerk Mr. Tom Robertson The Scott Robertson Memorial Fund P. O. Box 33 Roanoke, Virginia 24002 Dear Mr. Robertson: 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 Tuesday, February 22, 2005, 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 Scott Robertson Memorial Fund with regard to closing, by barricade, the easternmost 250 feet of Densmore Road, N. W. For your information, I am enclosing copy of a report of the City Planning Commission and a notice of 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 City Planning Commission report should be directed to the Department of Planning, Building and Development at 540-853- 1730. It will be necessary for you, or your representative, to be present at the February 22 public hearing. Failure to appear could result in a deferral of the public hearing until a later date. Sincerely,//~ .A~ CM~.C~~ Mary F. Parker, City Clerk MFP:ew Enclosure C:hMyFileshMy DocumentsLMt~rneys and Adjoining Property Owne~3.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@¢i.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 the Scott Robertson Memorial Fund requesting that the eastern most 250 feet of Densmore Road, N. W., be closed by gated fence. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosures pc: The Honorable Mayor and Members of the Roanoke City Council Tom Robertson, The Scott Robertson Memorial Fund, P. O. Box 33, Roanoke, Virginia 24002 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:LRezonings - Street Alley Closing 04xst~eet and alley closures\The Scott Robertson Memorial Fund.doc TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE CLOSURE REQUEST OF: Scott Rober[son Memorial Fund -Densmore Road, NW )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 3rd of December, 2004, notices of a public hearing to be held on the 16th day of December, 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 2670901 Westside School Roanoke Country Club 2671001 2671002 2671005 2671007 2671008 2671009 Mailinq Address School Board 3360 Country Club Road P O Box 6069 Roanoke, VA 24017-0069 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 3rd day of December, 2004. Notary Public My Commission Expires: /~ Martha Pace Franklin~/~ 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 Scott Robertson Memorial Fund, represented by Tom Robertson, that the easternmost 250' of Densmore Road, N.W., be closed by barricade. A copy of the application is available for review in the Department of Plauning 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 and send Affidavit of publication to: Martha P. Franklin Planning Building and Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 (540) 853-6874 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE CLOSURE REQUEST OF: Scott Robertson Memorial Fund -Densmore Road, NW )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 Mailinq Address 2670901 Westside School School Board 2671001 2671002 2671005 2671007 2671008 2671009 Roanoke Country Club 3360 Country Club Road P O Box 6069 Roanoke, VA 24017-0069 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: TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE CLOSURE REQUEST OF: Scott Robertson Memorial Fund -Densmore Road, NW )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 27th day of December, 2004, notices of a public hearing to be held on the 20th day of January, 2005, on the closure captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner's Name 2670901 Westside School Roanoke Country Club 2671001 2671002 2671005 2671007 2671008 2671009 Mailinq Address School Board 3360 Country Club Road P O Box 6069 Roanoke, VA 24017-0069 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 27th day of December, 2004. Notary Public My Commission Expires: MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, V'trginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ ci.roanoke.va.us STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk February 25, 2005 File #514 Michael T. McEvoy Executive Director Wastewater Services Western Virginia Water Authority Gary Robertson Executive Director Water Operations Western Virginia Water Authority Dear Mr. McEvoy and Mr. Robertson: I am enclosing copy of Ordinance No. 36978-022205 permanently vacating, discontinuing and closing portions of Bennington Street, Brownlee Avenue, Kindred Street, and Underhill Avenue, S. E., and associated alleys south of the Roanoke Regional Wastewater Treatment Plant. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 22, 2005, and is in full force and effect upon its passage. Sincerely,~N~r' ~'' Mary F. Parker, CMC City Clerk MFP:ew Attachment Michael T. McEvoy Gary Robertson February 25, 2005 Page 2 pc: Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget Bruce Grant, Director of Finance and Administration, Western Virginia Water Authority, c/o County of Roanoke, 5204 Bernard Drive, S. W., Suite 300-C, Roanoke, Virginia 240:~8 Jean M. Thurman, Secretary, Board of Directors, Western Virginia Water Authority Robert K. Bengtson, Director, Public Works R. Brian Townsend, Director, Planning Building and Development Kenneth H. King, Manager, Division of Transportation IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of February, 2005. No. 36978-022205. AN ORDINANCE permanently vacating, discontinuing and closing certain public rights-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. WHEREAS, the Western Virginia Water Authority 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 rights-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 heating was held on such application by the City Council on February 22, 2005, 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 rights-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 fi.om permanently vacating, discontinuing and closing such public rights- of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public rights-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: Those portions of Bennington Street between Official Tax Map Nos. 4340101 and 4330301,4330615, 4330616, 4330601,4340201, and Brownlee Avenue; Brownlee Avenue from Bennington Street to a point on the southern side of Official Tax Map No. 4330707, then with a chord bearing N. 82° 28' 57" W., 110.76 feet with a radius of 290° to a point on the northern side of Official Tax Map No. 4340305; Kindred Street from Carlisle Avenue to Underhill Avenue; Underhill Avenue from its westernmost terminus at Kindred Street to the northeastern comer of Official Tax Map No. 4330721; approximately 930 linear ft. of included alleys between above street closures; an alley from Kindred Street to the southeastern comer of Official Tax Map No. 4330721 and the northeastern comer of Official Tax Map No. 4330708; an alley from Bermington Street to Kindred Street between Carlisle and Brownlee Avenues; a portion of an alley from Kindred Street to a point on the southern side of Official Tax Map No. 4340304 and a point on the northeastern edge of Official Tax Map No. 4340315, as set forth in the plat dated June 11, 2004, prepared for the Roanoke Regional Wastewater Treatment Plant and attached to the Application for vacating, discontinuing and closing various rights-of-way dated November 18, 2004 be, and are hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby are, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portions of the rights-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 rights-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 rights-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, 2 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 rights-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 o~any and all existing utilities that may be located within the rights-of-way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of twelve (12) months from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. BE IT FINALLY ORDAINED that pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. City Clerk. 3 Architectural Review Beard Beard of Zoning Appeals Planning Commission CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning @ ci.roanoke.va.us February 22, 2005 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 Western Virginia Water Authority to permanently vacate, discontinue and close portions of Bennington Street, S.E., Brownlee Avenue, S.E., Kindred Street, S.E., and Underhill Avenue, S.E., as well as an alley from Kindred Street to the southeastern corner of Official Tax No. 4330721 and the northeastern corner of Official Tax No. 4330708; an alley from Bennington Street to Kindred Street between Carlisle and Brownlee Avenues; an alley from Kindred Street to a point on the southern side of Official Tax No. 4340304 and a point on the northern side of Official Tax No. 4340316. Planning Commission Action: Planning Commission public hearing was held on Thursday, January 20, 2005. By a vote of 6-0 (Mr. Williams absent), the Commission recommended approval of the requested closures. Background: The petitioner is requesting vacation of portions of Bennington Street, Brownlee Avenue, Kindred Street, and Underhill Avenue, S.E., and associated alleys, to allow for the expansion of the Roanoke Regional Wastewater Treatment Plant (RRW-FP). The City of Roanoke and the Western Virginia Water Authority are the owners of the adjoining parcels. Mr. Rife asked the petitioner to elaborate on the reasons for the request. The petitioner replied that vacation of the rights -of-way would allow a street to be realigned and dedicated to the City with the expansion of the RRWTP. Mr. Rife said the expansion of the RRWTP was another good example of regional cooperation between the City and Roanoke County. Considerations: All of the adjoining properties that the subject alleys and rights -of-way will be incorporated into are zoned LM, Light Manufacturing. South of Carlisle Avenue is a residential neighborhood zoned RM-1, Residential Multifamily, Low Density District, and to the east of the RRWTP is a vacant City -owned RS-l, Residential Single-family, Low Density District. The Roanoke River bounds the RRWTP and the subject alleys and rights-of-way to the north and west. City sewer and water serve the area. Staff received comments from Verizon, AEPand Roanoke Gas. All three stated the need to maintain public utility easements where their facilities would be affected by the vacated alleys and streets. Staff received no comments in opposition to this request. Recommendation: By a vote of 6-0, the Planning Commission recommends approval of the petitioner's request to vacate, discontinue and close the subject portions of streets and alleys, subject to the conditions listed below. The Commission further recommends that the petitioners not be charged for this property. 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 said ordinance shall be null and void with no further action by City Council being necessary. Respectfully submitted, Richard A. Rife, Chairman Roanoke City Planning Commission CC: Darlene L. Burcham, City Manager RolandaJohnson, Assistant City Manager for Community Development William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Petitioner Street Closures: Bennington St, Brownlee Ave, & Underhill Ave, SE 4330301 Area of proposed vacation denoted by angled lines LM 4250301R IN RE: IN THE COUNCIL Of THE CITY OF ROANOKE, VIRGINIA Application of The Western Virginia Water Authority ) APPLICATION FOR VACATING, ) DISCONTINUING AND ) CLOSING OF portions of Bennington St., Brownlee Ave., Kindred St., Underhill Ave., and associated Alleys MEMBERS OF COUNCIL: The Western Virginia Water Authority applies to have portions of Bennington Street, Brownlee Avenue, Kindred Street, Underhill Avenue, and associated alleys south of the Roanoke Regional Wastewater Treatment Plant (RRWTP) tax map number 4330301, in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.2 -2006 and Section 30-14, Code of the City of Roanoke (1979), as amended. These streets and alleys are more particularly described on the plat attached and as follows: 1. The portion of Bennington Street between Official Tax Map Nos. 4340101 and 4330301, 4330615, 4330616, 4330601, 4340201, and Brownlee Avenue. 2. Brownlee Avenue from Bennington Street to a point on the southern side of Official Tax Map No. 4330707 and a point on the northern side of Official Tax Map No.4340305 (see map). 3. Kindred Street from Carlisle Avenue to Underhill Avenue. 4. Underhill Avenue from its westernmost terminus at Kindred Street to the nodheastern corner of Official Tax Map No. 4330721. 5. Approximately 930 linear ft. of included alleys between above street closures. An alley from Kindred Street to the southeastern corner of Official Tax Map No. 4330721 and the northeastern corner of Official Tax Map No. 4330708. An alley from Bennington Street to Kindred Street between Carlisle and Brownlee Avenues. A portion of an alley from Kindred Street to a point on the southern side of Official Tax Map No. 4340304 and a point on the northeastern edge of Official Tax Map No. 4340315. The Western Virginia Water Authority states that the grounds for this application are as follows: The applicant desires to use the property to be vacated for realignment of public streets and expansion of RRWTP. WHEREFORE, Western Virginia Water Authority respectfully requests that the above - described streets and alleys be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.2 -2006 and Section 30-14, Code of the City of Roanoke (1979), as amended. Western Virginia Water Authority 2012 South Jeffe~on Street Roanoke, VA 24014 Phone 853-1449 Respectfully submitted - ~ike Mc-Evoy / date 4330601 Bennin~ton St. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4330602 Brownlee Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4330603 Brownlee Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4330604 Brownlee Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4330605 Brownlee Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 433060( Brownlee Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4330607 EIrownlee Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4330608 Brownlee Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4330609 Brownlee Ave. SE :City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 433061( Brownlee Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4330611 Brownlee Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4330612 Brownlee Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4330613 Brownlee Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4330614 1450 Brownlee Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4330615 Bennin~ton St. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4330616 Underhill Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4330632 Underhill Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4330633 Underhill Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4330714 Underhill Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4330715 Underhill Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4330716 Underhill Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4330717 Underhill Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4330718 Underhill Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4330719 Underhill Ave. SE City of Roanoke 215 Church Ave. SWRM 250 Roanoke VA24011 4330720 Underhill Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4330721 Underhill Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4330701 Brownlee Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4330702 Brownlee Ave. SE City of Roanoke 215 Church Ave. SW EM 250 Roanoke VA 24011 4330703 Brownlee Ave, SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4330705 Brownlee Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 433070(~ Brownlee Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4330707 Brownlee Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4330708 Brownlee Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4340301 1503 Brownlee Ave. SE City of Roanoke 215 Church Ave, SW RM 250 Roanoke VA 24011 4340302 1507 Brownlee Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4340303 Brownlee Ave, SE City of Roanoke 1517 Brownlee Ave. SE Roanoke VA 24014 4340304 1517 Brownlee Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4340305:1519 Brownlee Ave, SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 434030( 1523 Brownlee Ave. SE !City of Roanoke 1523 Brownlee Ave. SE Roanoke VA 24013 4340307 1527 Brownlee Ave. SE City of Roanoke 1527 Brownlee Ave. SE Roanoke VA 24014 4340308 1531 BrownleeAve. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4340309 Brownlee Ave. SE City of Roanoke 1517 Brownlee Ave. SE Roanoke VA 24013 4340314 Carlisle Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4340315 1506 Carlisle Ave. SE City of Roanoke 401 Bush Dr. Vinton VA 24179 4340212 Bennin~ton St. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4340215 1406 Carlisle Ave. SE City of Roanoke 1410 Carlisle Ave. SE Roanoke VA 24014 4340216 1410 Carlisle Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4340217 Carlisle Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4340218 1416 Carlisle Ave. SE City of Roanoke 240 Wycombe Dr. Hardy VA 24101 4340201 Brownlee Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4340202 Brownlee Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4340203 Brownlee Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4340204 Brownlee Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4340205 Brownlee Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4340206 Brownlee Ave. SE City of Roanoke Municipal Building Roanoke VA 24011 4340207 Brownlee Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 434020~ Brownlee Ave, SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4340209 1437 Brownlee Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 434021( Brownlee Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4340211 Brownlee Ave, SE City of Roanoke Municipal Buildin~ Roanoke VA 24011 Western Virginia 4330301 1402 Bennin~ton St. SE Water Authority 2012 S. Jefferson St. Suite 200 Roanoke VA 24014 4340101 Brownlee Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, ~qrginia 24011-1536 Telephone: (540) 853-2541 Fax: {540) 853-1145 E-mail: clerk @ci.roanok¢.va.us February 8, 2005 File #468-514 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Mike McEvoy, Executive Director Western Virginia Water Authority 2012 South Jefferson Street Roanoke, Virginia 24014 Dear Mr. McEvoy: 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 Tuesday, February 22, 2005, 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 Western Virginia Water Authority that portions of Bennington Street, Brownlee Avenue, Kindred Street, and Underhill Avenue, S. E.; an alley from Kindred Street to the southeastern corner of Official Tax No. 4330721 and the northeastern corner of Official Tax No. 4330708; an alley from Bennington Street to Kindred Street between Carlisle and Brownlee Avenues; an alley from Kindred Street to a point on the southern side of Official Tax No. 4340304 and a point on the northern side of Official Tax No. 4340316, be permanently vacated, discontinued and closed. For your information, I am enclosing copy of a report of the City Planning Commission and notice of 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 City Planning Commission report should be directed to the Department of Planning, Building and Development at 540-853- 1730. C:WlyFilea',My DocumenU~Attomeys and Adjoining ProI~rty Ownera3.d~c Mike McEvoy February 8, 2005 Page 2 It will be necessary for you, or your representative, to be present at the February 22 public hearing. Failure to appear could result in a deferral of the public hearing until a later date. Sincerely, City Clerk MFP:ew Enclosure C :~MyFiles~'dy Docurnents~Atiornq~s and Adjoining Property Owners3.doc The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times WESTERN VA WATER AUTHORITY 2012 S JEFFERSON ST ROANOKE VA 24014 the Roanoke win hold a Public Hearing on Tuesday, REFERENCE: 80104937 21s ChurCh Avenue, S.W., 05043044 NOTICEOFPUBLICHEARIN r~ermanent~y eh.ndon,, I, (the undersigned) an authorized representative SenndnbtdgStr. e~,l, pelw~0 of the Times-World Corporation, which corporation ¢340101a.d4330301, 4330615, 4330516, is publisher of the Roanoke Times, a daily 4330001,4340201, Mid published in said newspapers on the following Tax iepNo. 4330707, then City/County of Roanoke, Commonwealth/State of KlndredSt,ee~tothe Virginia. Sworn and subscribed before me this Official Tax Map No. Notary Public PUBLISHED ON: 02/04 02/11 MapNo. 4340304anda TOTAL COST! ~ .3 0 FILED ON: 02~11/05 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Tuesday, February 22, 2005, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Noel C. Taylor Municipal Building, 215 Chumh Avenue, S.W., on an application to permanently abandon, vacate, discontinue and close, to the extent the City has any legal interest in said public right-of-way, the following public rights-of-way: Those portions of Bennington Street between Official Tax Map Nos. 4340101 and 4330301, 4330615, 4330616, 4330601, 4340201, and Brownlee Avenue; Bro~vnlee Avenue from Bennington Street to a point on the southern side of Official Tax Map No. 4330707, then with a chord bearing N. 82° 28' 57" W., 110.76 feet with a radius of 290° to a point on the northern side of Official Tax Map No. 4340305; Kindred Street from Carlisle Avenue to Underhill Avenue; Underhill Avenue from its westernmost terminus at Kindred Street to the northeastern comer of Official Tax Map No. 4330721; approximately 930 linear ft. of included alleys between above street closures; an alley from Kindred Street to the southeastern comer of Official Tax Map No. 4330721 and the northeastern comer of Official Tax Map No. 4330708; an alley from Bennington Street to Kindred Street between Carlisle and Brownlee Avenues; a portion of an alley from Kindred Street to a point on the southern side of Official Tax Map No. 4340304 and a point on the northeastern edge of Official Tax Map No. 4340315, as set forth in the plat dated June 11, 2004, prepared for the Roanoke Regional Wastewater Treatment Plant and attached to the Application for vacating, discontinuing and closing various rights-of-way dated November 18, 2004. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building. All parties in interest may appear on the above date and be heard on the question. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, 853-2541, by Thursday, February 17, 2005. GiVEN under my hand this 2nd day of February ,2005. Mary F. Parker, City Clerk. Notice to Publisher: Publish in the Roanoke Times once on Friday, February 4, 2005 and Friday, February 11, 2005. Send affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 Send bill to: Mike McEvoy, Executive Director Western Virginia Water Authority 2012 South Jefferson Street Roanoke, Virginia 24014 (540) 853-1449 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, V'~rginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ ci.roanok¢.va.us December30,2004 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk File #514 Robert B. Manetta, Chair City Planning Commission 2831 Stephenson Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Manetta: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a first amended petition received in the City Clerk's Office on December 30, 2004, from the Western Virginia Water Authority, requesting that portions of Bennington Street, Brownlee Avenue, Kindred Street, and Underhill Avenue, S. E., and associated alleys south of the Roanoke Regional Wastewater Treatment Plant be permanently vacated, discontinued and closed. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosures pc: The Honorable Mayor and Members of the Roanoke City Council Michael T. McEvoy, Executive Director, Wastewater Services, Western Virginia Water Authority Gary Robertson, Executive Director, Water Operations, Western Virginia Water Authority 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 L:\C LERK~DATA\CKEW 1W, EZONING AND STREET CLOSURE\Rezonings - Street Alley Closure 05x January 05\Western Virginia Water Authority amendment 1 .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, January 20, 2005, at 1:30 p.m., or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., to consider the following: Request from the Western Virginia Water Authority to permanently vacate, discontinue and close portions of Bennington Street, S.E., Brownlee Avenue, S.E., Kindred Street, S.E., Underhill Avenue, S.E., as well as an alley from Kindred Street to the southeastern corner of Official Tax Map No. 4330721 and the northeastern corner of Official Tax Map No. 4330708; an alley from Bennington Street to Kindred Street between Carlisle and Brownlee Avenues; and an alley from Kindred Street to a point on the southern side of Official Tax No. 4340304 and a point on the northern side of Official Tax Map No. 4340316. 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 853-1 730 before 12:00 noon on the Monday before the date of the hearing listed above. Martha P. Franklin, Secretary City of Roanoke Planning Commission Please print in newspaper on Tuesday, January 4 and 11,2005 Please bill: Mike McEvoy Western Virginia Water Authority 2012 South Jefferson Street Roanoke, VA 24014 (540) 853-1449 Please send affidavit of publication to: Martha P. Franklin, Department of Planning Building & Development Room 166, Municipal Building, 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-1730 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-maih clerk @ ci.roanoke.va.us December 3, 2004 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk File #514 Robert B. Manetta, Chair City Planning Commission 2831 Stephenson Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Manetta: Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application received in the City Clerk's Office on December 2, 2004, from the Western Virginia Water Authority, requesting that portions of Bennington Street, Brownlee Avenue, Kindred Street, and Underhill Avenue, S. E., and associated alleys south of the Roanoke Regional Wastewater Treatment Plant be permanently vacated, discontinued and closed. Mary F. Parker, CMC City Clerk MFP:ew Enclosures pc: The Honorable Mayor and Members of the Roanoke City Council Michael T. McEvoy, Executive Director, Wastewater Services, Western Virginia Water Authority 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 L:\C LERK~DATA\CKEW 1LREZON lNG AND STREET CLOSURE~,ezonings - Street Alley Closure 05~J~muary 05\Western Virb4nia Water Authority.doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Application of The Western Virginia Water Authority ) APPLICATION FOR VACATING, ) DISCONTINUING AND ) CLOSING OF portions of Bennington St., Brownlee Ave., Kindred St., Underhill Ave., and associated Alleys MEMBERS OFCOUNClL: The Western Virginia Water Authority applies to have portions of Bennington Street, Brownlee Avenue, Kindred Street, Underhill Avenue, and associated alleys south of the Roanoke Regional Wastewater Treatment Plant (RRWTP) tax map number 4330301, in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.2 -2006 and Section 30-14, Code of the City of Roanoke (1979), as amended. These streets and alleys are more particularly described on the plat attached and as follows: 1. The portion of Bennington Street between Official Tax Map Nos. 4340101 and 4330301, 4330615, 4330616, 4330601, 4340201, and Brownlee Avenue. 2. Brownlee Avenue from Bennington Street to a point on the southern side of Official Tax Map No. 4330707 and a point on the northern side of Official Tax Map No.4340305 (see map). 3. Kindred Street from Carlisle Avenue to Underhill Avenue. 4. Underhill Avenue from its westernmost terminus at Bennington Street to the northeastern corner of Official Tax Map No. 4330721. 5. Approximately 1,730 linear ft. of included alleys between above street closures. An alley from Kindred Street to the southeastern corner of Official Tax Map No. 4330721 and the northeastern corner of Official Tax Map No. 4330708. An alley from Bennington Street to Kindred Street between Carlisle and Brownlee Avenues. An alley from Kindred Street to a point on the southern side of Official Tax Map No. 4340304 and a point on the northern side of Official Tax Map No. 4340316. The Western Virginia Water Authority states that the grounds for this application are as follows: The applicant desires to use the property to be vacated for realignment of public streets and expansion of RRWTP. WHEREFORE, Western Virginia Water Authority respectfully requests that the above - described streets and alleys be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.2 -2006 and Section 30-14, Code of the City of Roanoke (1979), as amended. We~ern Vi~iniaWaterAuthority 2012 South Jefferson Street Roanoke, VA 24014 Phone 853-1449 Respectfully submitted Mike McEvoy J date DATE JUNE 11,2004 LUMSDEN ASSOCIATES, P.C. ENGINEERS SURVEYORS PLANNERS ROANOKE, VIRGINIA Tax # Property Address Owner Name Owner Address 4330615 Bennin9ton St. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4330601 Bennington St. SE City of Roanoke 215 Church Ave SW RM 250 Roanoke VA 24011 4330602 Brownlee Ave. SE City of Roanoke 215 Church Ave SWRM 250 Roanoke VA 24011 14330603 Brownlee Ave. SE City of Roanoke 215 Church Ave SW RM 250 Roanoke VA 24011 4330604 Brownlee Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4330605 Brownlee Ave. SE Git)/of Roanoke 215 Church Ave SW RM 250 Roanoke VA 24011 4330606 Brownlee Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4330607 !Brownlee Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4330608Brownlee Ave. SE City of Roanoke 215 Church Ave SW RM 250 Roanoke VA 24011 433060! Brownlee Ave SE City of Roanoke 215 Church Ave SW RM 250 Roanoke VA 24011 4330610 Brownlee Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4330611 Brownlee Ave SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4330612 Brownlee Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4330613 Brownlee Ave SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4330614 1450 Brownlee Ave SE City of Roanoke 215 Church Ave SW RM 250 Roanoke VA 24011 4330632 UnderhillAve SE City of Roanoke 215 Church Ave SW RM 250 Roanoke VA 24011 4330714 UnderhillAve SE City of Roanoke 215 Church Ave SW RM 250 Roanoke VA 24011 4330715 UnderhillAve SE City of Roanoke 215 Church Ave SWRM250RoanokeVA~-4011 433071( UnderhillAve. SE City of Roanoke 215 Church Ave SW RM 250 Roanoke VA 24011 4330717 UnderhillAve. SE City of Roanoke 215 Church Ave SW RM 250 Roanoke VA 24011 4330718 UnderhillAve SE City of Roanoke 215 Church Ave SW RM 250 Roanoke VA 24011 4330719UnderhillAve SE Cit¥ of Roanoke 215 Church Ave SW RM 250 Roanoke VA 24011 4330720 UnderhillAve SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4330721 UnderhillAve SE City of Roanoke 215 Church Ave SW RM 250 Roanoke VA 24011 4330701 BrownleeAve SE City of Roanoke 215 Church Ave SW RM 250 Roanoke VA 24011 ~3~0702BrownleeAve SE City of Roanoke 215 Church Ave SW RM 25-0 Roanoke VA 24011 4330703 Brownlee Ave. SE City of Roanoke 215 Church Ave SW RM 250 Roanoke VA 24011 4330704 Brownlee Ave SE City of Roanoke 215 Church Ave SW RM 250 Roanoke VA 24011 4330705 Brownlee Ave SE City of Roanoke 215 Church Ave SW RM 250 Roanoke VA 24011 4330706 Brownlee Ave SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4330707 Brownlee Ave SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4330708 Brownlee Ave. SE City of Roanoke 215 Church Ave SW RM 250 Roanoke VA 24011 4340301 1503 t3rownlee Ave SE City of Roanoke 215 Church Ave SWRM 250 Roanoke VA 24011 4340302 1507 Brownlee Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4340303 Brownlee Ave. SE City of Roanoke 1517 Brownlee Ave. SE Roanoke VA 24014 4340304 1517 Brownlee Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4340305 1519 Brownlee Ave SE City of Roanoke 215 Church Ave SW RM 250 Roanoke VA 24011 4340306 1523 Brownlee Ave SE City of Roanoke 1523 Brownlee Ave. SE Roanoke VA 24013 4340307 1527 Brownlee Ave SE City of Roanoke 1527 Brownlee Ave. SE Roanoke VA 24014 4340308 1531 Brownlee Ave. SE City of Roanoke 215 Church Ave SW RM 250 Roanoke VA 24011 4340309 Brownlee Ave SE City of Roanoke 1517 Brownlee Ave SE Roanoke VA 24013 4340314 Carlisle Ave, SE City of Roanoke 215 Church Ave SW RM 250 Roanoke VA 24011 4340315 1506 Carlisle Ave SE City of Roanoke 401 Bush Dr Vinton VA 24179 434021:: Bennin~ton St. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4340215 1406 Carlisle Ave. SE City of Roanoke 1410 Carlisle Ave. SE Roanoke VA 24014 4340216 1410 Carlisle Ave. SE City of Roanoke 215 Church Ave SW RM 250 Roanoke VA 24011 4340217 Carlisle Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4340218 1416 Carlisle Ave SE City of Roanoke 240 V~combe Dr Hardy VA 24101 4340201 Brownlee Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4340202 Brownlee Ave. SE City of Roanoke 215 Church Ave SW RM 250 Roanoke VA 24011 4340203 Brownlee Ave. SE City of Roanoke 215 Church Ave SW RM 250 Roanoke VA 24011 ITax~ ,~: 0Wh er Name~:~Dwn~r,A~d res '4340204 Brownlee Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4340205 Brownlee Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4340206 Brownlee Ave. SF ~,ity of Roanoke Municipal Building Roanoke VA 24011 4340207 Brownlee Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4340208 Brownlee Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4340209 1437 Brownlee Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4340210 Brownlee Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 4340211 Brownlee Ave. SE City of Roanoke Municipal Building] Roanoke VA 24011 Western Virginia 433030' 1402 Bennin~ton St. SE Water Authority 2012 S. Jefferson St. Suite 200 Roanoke VA 24014 4340101 Brownlee Ave. SE City of Roanoke 215 Church Ave. SW RM 250 Roanoke VA 24011 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE STREET CLOSURE REQUEST OF: Western Virginia Water Authority for closure of pts. of ) Bennington, Brownlee, Kindred, Underhill and alleys ) 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 27th day of December, 2004, notices of a public hearing to be held on the 20th day of January, 2005, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Tax No. Name 4330722 Jerry Wayne Bush, Sr. 4340316 4340310 4330709 Rebecca A. Caldwell Cardinal Rubber and Seal John D. Stultz, et als Martha Pace Franklin Mailin,q Address 2 Poyntz Place Lexington, VA 24450 3075 Woodway Road Roanoke, VA 24014 1545 Brownlee Avenue Roanoke, VA 24014 4230 Elm View Road, #205 Roanoke, VA 24014 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 28th day of December, 2004. Notary Public My Commission Expires: of 0- c=,~- ~"-(:~"/ MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 21 $ 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, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk February 25, 2005 File #165 Richard A. Rife, Chair, and Members of the City Planning Commission Roanoke, Virginia Dear Chairman Rife, Ms. Prince and Gentlemen: I am enclosing copy of Ordinance No. 36979-022205 approving amendment of the Southern Hills Neighborhood Plan, and amending Vision 2001 - 2020, the City's Comprehensive Plan, to reflect amendment of the Southern Hills Neighborhood Plan. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 22, 2005, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosure Richard A. Rife, Chair, and Members of the City Planning Commission February 25, 2005 Page 2 pc: Carl D. Cooper, Chair, Roanoke Neighborhood Resources, 3160 Round Hill Avenue, N.W.,Roanoke, Virginia 24012 Dawn Vineyard, President, Southern Hills Improvement Council, 4024 Griffin Road, S. W., Roanoke, Virginia 240:~4 Darlene L Burcham, City Manager Rolanda B. Russell, Assistant City Manager for Community Development Steven J. Talevi, Assistant City Attorney Martha P. Franklin, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of February, 2005. No. 36979-022205. AN ORDINANCE approving the amendment of the Southem Hills Neighborhood Plan, and amending Vision 2001 - 2020, the City's Comprehensive Plan, to reflect the amendment of the Southern Hills Neighborhood Plan; and dispensing with the second reading of this ordinance by title. WHEREAS, by Resolution No. 36110-101502, City Council adopted the Southern Hills Neighborhood Plan (the "Plan") and amended Vision 2001 - 2020, the City's Comprehensive Plan, to include such Plan; WHEREAS, in an application filed with City Council on December 2, 2004, Rockydale Quarries Corporation requested that the Plan be amended; WHEREAS, the request to amend the Plan was presented to the Planning Commission; WHEREAS, the Planning Commission held a public hearing on January 20, 2005, and recommended that the Plan be amended; and WHEREAS, in accordance with the provisions of §15.2-2204, Code of Virginia (1950), as amended, a public hearing was held before this Council on Tuesday, February 22, 2005, on the proposed amendment of the Plan, at which hearing all citizens so desiring were given an opportunity to be heard and to present their views on such amendment. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That this Council hereby approves the amendment of the Southern Hills Neighborhood Plan and amends the Southern Hills Neighborhood Plan accordingly. 2. That this Council hereby approves the amendment of Vision 2001 - 2020 and amends Vision 2001 - 2020 accordingly. 3. That the City Clerk is directed to forthwith transmit attested copies of this ordinance to the City Planning Commission. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. Architectural Review Board Board of Zoning Appeals Planning Commission CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning @ ci.roanoke.va.us February 22, 2005 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 Rockydale Quarries Corporation, represented by Maryellen F. Goodlatte, attorney, that the Southern Hills Neighborhood Plan, a component of Vision 2001-2020, the City's Comprehensive Plan, be amended to accommodate a recent boundary line adjustment and other changes in the text of the plan. Planning Commission Action: Planning Commission public hearing was held on Thursday, January 20, 2005. By a vote of 6-0 (Mr. Williams absent), the Commission recommended approval of the amendment to the Southern Hills Neighborhood Plan. Background: A petition was filed on December 3, 2004 to amend the Southern Hills Neighborhood Plan in conjunction with rezoning and street closure petitions on the same date on behalf of the same petitioner. Consideration: Within the adopted Southern Hills Neighborhood Plan, eleven (11) parcels of land owned by Rockydale Quarries are designated as promoting future residential development. In addition, one (1) parcel owned by the petitioner and recently brought into the jurisdictional boundaries of the City is not addressed in the neighborhood plan. In conjunction with the petitioner's filing of a rezoning petition and street vacation petition, a companion plan amendment petition was filed in order to seek amendment of the neighborhood plan to provide for the expansion of the current quarry use located on adjacent parcels. The petitioner proposes the following seven (7) changes to the Southern Hills Neighborhood Plan: (1) In the Community Design section under Land Use Patterns (p.3), strike the reference to the Rockydale property west of Old Mountain Road. (2) On the Future Land Use map (p.4), change the designation of Tax Map No. 5380106 from a Mixed Density Residential use to an Industrial use. (3)Onthe Future Land Use map(p.4),changethe designation of Tax MapNos. 5380107,5380108,5380110,5380123,5390105, 5390106,5390108,5390109,5390110, and 5390117fromSingle Family Residentialusestolndustrialuses. (4) On the Future Land Use map (p.4), designate the property recently brought into the City of Roanoke's jurisdictional boundaries, known as Tax Map No. 5380125, as an Industrial use. (5) In the Residential Development section under Trends and Opportunities (p.6), strike the subsection reading: "Rockydale has a 30+ acre property to the west of Old Mountain Road. A portion of the property is very steep, but a large portion may be appropriate for residential development." (6) On the Residential Development Opportunities map (p.7), remove the Mixed Density Residential designation on Tax Map No. 5380106 and the New Single-Family designation on Tax Map Nos. 5380107, 5380108, 5380110, 5380123, 5390106, and 5390108. (7) On the Economic Development Opportunities map (p.9), designate Tax Map Nos. 5380106, 5380107, 5380108, 5380110, 5380123, 5390105, 5390106, 5390108, and 5390109 as Industrial. 2 Staff supports the seven (7) amendments proposed for the Southern Hills Neighborhood Plan by the petitioner. All the proposed changes relate exclusively to properties owned by the petitioner. The parcels that would be affected by the proposed changes are the subject of the companion rezoning petition. Staff believes the suggested changes do not substantially alter the intent of the plan. On November 1,2004, the City completed a boundary line adjustment with Roanoke County bringing 9.0240 acres of land owned by Rockydale Quarries into the City, as illustrated in Exhibit A. As mentioned above, the petitioner requests that the new parcel be designated for supporting industrial uses in the neighborhood plan. The U.S. Route 220 corridor is noted as a gateway for the City on the Strategic Development Plan map (p.114). As a major transportation area the gateway should be attractively landscaped and should include appropriate signage to direct visitors and promote Roanoke's unique attractions (p.89). The gateway improvements in all likelihood would be a public initiative and the expansion of the quarry would not negatively impact the gateway. The submitted companion rezoning petition designates the portion of land adjacent to Route 220 as maintaining the natural wooded screening that exists today. Staff believes this is a reasonable request to revise the recommended land use to industrial, given the companion rezoning petition limits the potential uses and many aspects of the quarry operation on the parcels. The proposed changes support an expansion of the existing use and do not attempt to increase the production on the overall site, but rather to extend the life of the quarry. In addition, there are no other industrially designated properties within the neighborhood, and possibly throughout the city, that would be a feasible and appropriate site for a unique use such as a quarry. To this end, State Code 15.2-2224 requires localities to consider mineral resources in the comprehensive planning process that are identified and surveyed by the Virginia Department of Mines, Minerals and Energy (DMME). The existing quarry and the proposed expansion area contain mineral resources identified by DMME. The petitioner has hosted two neighborhood meetings at the New Hope Christian Church on Welcome Valley Road to discuss their expansion plans. They distributed 150 flyers advertising the meetings and both were well attended. Staff was present at the first meeting and found residents to be generally supportive of the project. Many of the issues discussed by the residents were positive endorsements of the traffic improvements proposed as part of the quarry expansion. The petitioner facilitated an information session focused toward Roanoke County residents on January 18, 2005. 3 Two members of the Roanoke Neighborhood Advocates group spoke in opposition to this petition. Carl Cooper, Chair of the Roanoke Neighborhood Advocates requested a 90 day continuance of the three (3) Rockydale petitions. Mr. Cooper cited that the Southern Hills Neighborhood Council received a copy of the petition with too little time to respond to staff. In addition, he stated that the process of notification for an amendment to a neighborhood plan was inadequate and attempts to establish a notification precedent without input from the affected neighborhood (see submitted comments attached). Sandra Kelly, Vice- Chair of the Neighborhood Advocates, spoke as well, encouraging the Planning Commission to continue the matters for 60 to 90 days in order to build good will with the neighborhood residents. The Planning Commission discussion centered on the following: Inquiring about the City's process of notifying the Roanoke Neighborhood Advocates of rezoning petitions. Staff stated that the Housing and Neighborhood Services office is sent a draft agenda of all upcoming petitions scheduled to be heard before the Commission. Stating that neighborhood notification and meetings were sufficient for the request to amend the neighborhood plan because the amendments would only affect Rockydale properties, the proposed changes would not impact a large part of the neighborhood, and there is currently a wide variety of existing land uses in the community. Recommendation: By a vote of 6-0, the Planning Commission recommends approval of this amendment to the Southern Hills Neighborhood Plan as a component of Vision 2001-2020, the City's Comprehensive Plan, to the City Council. Respectfully submitted, CC: City Planning Commission Darlene L. Burcham, City Manager Rolanda Russell, Assistant City Manager for Community Development 4 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: Amending Southern Hills Neighborhood Plan to: (1) accommodate the boundary line adjustment between the City of Roanoke, Virginia, and the County of Roanoke, Virginia; and (2) make necessary changes to recognize the upcoming expansion of Rockydale Quarries Corporation. PETITION TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Rockydale Quarries Corporation ("Rockydale") owns a parcel of land which, until recently, was located in the County of Roanoke. Roanoke City and Roanoke County have just completed adjustments in their municipal boundaries resulting, in part, in the property described on the attached Exhibit A being added to the Roanoke City holdings of Rockydale. By separate petition, Rockydale has requested that certain of its properties along Franklin Road, Old Rocky Mount Road, and Welcome Valley Road, including the additional acreage formerly located in Roanoke County, be rezoned to facilitate the expansion of' Rockydale's mineral quarry, rather than extract the minerals on other Rockydale property on Welcome Valley Road already zoned for that purpose, but within the viewshed of the Fishburn Parkway and the Blue Ridge Parkway. That rezoning petition not only seeks the rezoning of certain of Rockydale's properties to HM (Heavy Manufactur/ng Distr/ct), but also seeks the down-zoning of those tracts owned by Rockydale on Welcome Valley Road now zoned HM (Heavy Manufacturing District) to RA (Residential Agricultural District). Southern Hills Neighborhood Plan, adopted and incorporated into the Vision 2001-2020, the City's Comprehensive Plan by Roanoke City Council on October 15, 2002, should be amended to include the additional property of Rockydale now located within the City of Roanoke's municipal boundary and the use of said property, together with the other properties referenced above, for expansion of Rockydale's quarry. Rockydale requests the following amendments be made to the Southern Hills Neighborhood Plan: (1) In the Community Design section under Land Use Patterns (p. 3), strike the reference to the Rockydale property west of Old Mountain Road. (2) On the Future Land Use map (p. 4), change the designation of Tax Map No. 5380106 from a Mixed Density Residential use to an Industrial use. (3) On the Future Land Use map (p. 4), change the designation of Tax Map Nos. 5380107, 5380108, 5380110, 5380123, 5390105, 5390106, 5390108, 5390109, 5390110, and 5390117 from Single Family Residential uses to Industrial uses. (4) On the Future Land Use map (p. 4), designate the property recently brought into the City of Roanoke's territorial jurisdiction, known as Tax Map No. 5380125, as an Industrial use. 2 (5) In the Residential Development section under Trends and Opportunities (p. 6), strike the subsection reading: "Rockydale has a 30+ acre property to the west of Old Mountain Road. A portion of the property is very steep, but a large portion may be appropriate for residential development." (6) On the Residential Development Opportunities map (p. 7), remove the Mixed Density Residential des/gnat/on on Tax Map No. 5380106 and the New Single-Family designation on Tax Map Nos. 5380107, 5380108, 5380110, 5380123, 5390106, and 5390108. (7) On the Economic Development Opportunities map (p. 9), designate Tax Map Nos. 5380106, 5380107, 5380108, 5380110, 5380123, 5390105, 5390106, 5390108, and 5390109 as Industrial. This Petition is respectfully submitted this ~r~l day of December, 2004. Respectfully submitted, Rockydale Quarries Corporation By: ~O.~f~J~r.,. /'2~' j~,~,~7 ~.~.5(.X~ Of ~ounsel Maryellen F. Goodlatte, Esq. Glenn, Feldmann, Darby & Goodlatte 210 1*t Street, S.W., Suite 200 P. O. Box 2887 Roanoke, Virginia 24001-2887 (540) 224-8018 - Telephone (540) 224-8050 - Facsirmle Rockydale Quarries Corporation, a Virginia corporation, owner of the property subject to this petition hereby consents to this petition to amend the Southern Hills Neighborhood Plan. ROCKYDALE QUARRIES CORPORATION By: g~:.~__~.~ ~_____~. F~,~'~ ,~. 4 A 9.024 acre parcel owned by Roclo, dale Quarnes Corporation, formerly identified by Roanoke Counly ]'ax #88.03-01-36 and currendy identified as Roanoke City Tax #5380125. BOWMAN ASSOCIATES P.O. BOX 21801 ROANOKE, VIRGINIA 24018 Febmary22,2005 Roanoke City Council 215 Church Avenue, S.W. Roanoke, Virginia 24011 Attention: Mrs. Mary F. Parker Re: Rockydale Quarries Corporation Dear Mayor Harris and Members of Roanoke City Council: We are the owners of the Southview Village Mobile Home Park. We have met with representatives of Rockydale Quarries in order to understand their requests associated with a quarry expansion. We have no objection to their requests. We believe the residents of our mobile home park will appreciate the reduction of truck traffic on Old Rocky Mount Road. They will also appreciate having a traffic signal at the intersection of Old Rocky Mount Road and Franklin Road at the Outback Steakhouse. While we cannot attend tonight's public hearing, we wanted you to know that, as an affected property owner, we believe that Rockydale's requests should be granted. They have been a good neighbor to us for a long time, and we have every reason to expect that good relationship to continue. Thank you for your consideration of our request. VeT~,truly yours, Betty and Garland Bowman The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times ........................................... + ....................... GLENN, FELDMANN, DAR PO BOX 2887 ATTN: MARYELLEN GOOD ROANOKE VA 24001 REFERENCE: 80025065 05043022 NOTICEOFPUBLICREARIN State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Vi~g~inia. Sworn and subscribed before me this _[l_~day of February 2005. Witness my hand and official seal. /~.~.',/,~_ ~/~ ~"~//1~ Notary Public s .... . PUBLiS~ED ON: 02/04 02/11 TOTAL , eM CO~.,:,~ { 303.60 FILED ON: 02/11/05 Notice is hereby given puesuant to §15,2-2204, of Ihe CcSe of Virginia (1950), as amended, thet VlSlon 2001 - 2020, the City's Comprehensive Plan, la pr opemed to be amenSe5 t~ Include the amendment to the Southern Hills Authoriz ~ ~ /'% / , ~ a/-N NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given pursuant to §15.2-2204, of the Code of Virginia (1950), as amended, that Vision 2001 - 2020, the City's Comprehensive Plan, is proposed to be amended to include the amendment to the Southern Hills Neighborhood Plan as an element of such Comprehensive Plan. A copy of the proposed amendment to the Southern Hills Neighborhood Plan to be considered by City Council is on file in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building. A public heating will be held before the Council of the City of Roanoke on Tuesday, February 22, 2005, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chambers, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, at which time citizens of the City shall be given an opportunity to appear and be heard by Council on the subject of this proposed amendment. If you are a person with a disability who needs accommodations for this heating, please contact the City Clerk's Office (853-2541), before 12:00 noon on Thursday, February 17, 2005. GIVEN under my hand this 1st day of February ,2005. Mary F. Parker, City Clerk. K:\NO I'ICES/N AMENDCOMPREHENSIVEPLAN(AMENDSOHILLS}022205 DOC Notice to Publisher: Publish in the Roanoke Times once on Friday, February 4, 2005 and Friday, February 11, 2005. Send affidavit to: Mary F. Parker, City Clerk 215 Chumh Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 Send bill to: Maryellen F. Goodlatte, Esquire Glenn, Feldmann, Darby & Goodlatte P. O. Box 2887 Roanoke, Virginia 24001-2887 (540) 224-8018 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room456 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853-254I Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk February 25, 2005 File #5! 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. 36980-022205 rezoning 62.4277 acres, more or less, co'nsisting of 15 tracts of land located along Franklin Road, Old Rocky Mount Road, Welcome Valley Road and Van Winkle Road, S. W., from RS-i, Residential Single-Family District, RS-3, Residential Single-Family District, and C-1, Office District, to HM, Heavy Manufacturing District, and from HM, Heavy Manufacturing District, to RA, Residential Agricultural District, subject to certain conditions proffered by the petitioner. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 22, 2005, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosure Maryellen F. Goodlatte February 25, 2005 Page 2 pc: The Branch Family LLC, 4552 Franklin Road, S. W., Roanoke, Virginia 24014 Western Virginia Water Authority, 2012 S. Jefferson Street, Suite 200, Roanoke, Virginia 24014 Summit at Roanoke Apts., LLC, 4333 Edgewood Road, N. E., Cedar Rapids, Iowa 52499 Ms. Stacy Ann Lucas, 3946 Welcome Valley Road, S. E., Roanoke, Virginia 24014 Mr. and Mrs. Gary W. Critzer, 4531 Narrows Lane, S. W., Roanoke, Virginia 24014 Mr. and Mrs. Kenneth A. Muncy, 1005 Boon Bernard Drive, Boones Mill, Virginia 24065 America Electric Power, P. O. Box 2021, Roanoke, Virginia 24022 Mr. and Mrs. Russell C. Etter, 4542 Old Rocky Mount Road, S. W., Roanoke, Virginia 24014 Trustees, New Hope Christian Church, 4229 Welcome Valley Road, S. E., Roanoke, Virginia 24014 Margaret B. Young, Trustees of First Union National Bank of Virginia, 4737 Barclay Square, Roanoke, Virginia 24018 Rockydale Quarries Corporation, P. O. Box 8425, Roanoke, Virginia 24014 S. R. Draper Paving Company, 4742 Old Rocky Mountain Road, S.W., Roanoke, Virginia 24014 Joe B. Helms, Jr., 3775 Bandy Road, S. E., Roanoke, Virginia 24014 Mr. and Mrs. Frank E. Wilson, 4125 Welcome Valley Road, S. E., Roanoke, Virginia 24014 Mr. and Mrs. David M. Derrow, 4117 Welcome Valley Road, S. E., Roanoke, Virginia 24014 Mr. and Mrs. Conrad R. AItizer, 4111 Welcome Valley Road, S. E., Roanoke, Virginia 24014 Ms. Janice S. Latham, 4101 Welcome Valley Road, S. E., Roanoke, Virginia 24014 Mr. and Mrs. Edward C. Kennedy, 4097 Welcome Valley Road, S. E., Roanoke, Virginia 24014 Mr. W. H. Radford, 4091 Welcome Valley Road, S. E., Roanoke, Virginia 24014 Deborah W. Cassell, 4077 Welcome Valley Road, S. E., Roanoke, Virginia 24014 Mr. and Mrs. William R. Divers, 4070 Welcome Valley Road, S. E., Roanoke, Virginia 24014 Campbell Heirs Cemetery, Clarence W. Simmons, 5605 Franklin Road, S. W., Roanoke, Virginia 24014 Mr. and Mrs. KennethW. Wilson, Route 1, Box 335, Elliston, Virginia 24087 Maryellen F. Goodlatte February 25, 2005 Page 3 pc: Mr. and Mrs. Kenneth W. Wilson, Old Heritage Corporation, P. O. Box 8425, Roanoke, Virginia 24014 Gary Johnson, Superintendent, Blue Ridge Parkway, National Park Service, U. S. Department of the Interior, 199 Hemphill Knob Road, Asheville, North Carolina 28803-8686 Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer Richard A. Rife, Chair, City Planning Commission, 1326 Grandin Road, S. W., Roanoke, Virginia 24015 Martha P. Franklin, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of February, 2005. No. 36980-022205. AN ORDINANCE to amend {}36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 538,539, and 453, 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, Rockydale Quarries Corporation has made application to the Council of the City of'Roanoke to have Official Tax Nos. 5380106, 5380107, 5380108, 5380123, and 5380110, zoned C-l, Office District; Official Tax No. 5380125, zoned RS-l, Residential Single Family District; and Official Tax Nos. 5390110, 5390117, 5390109, 5390108, 5390106, and 5390105, zoned RS-3, Residential Single Family District, be rezoned to HM, Heavy Manufacturing District; and Official Tax Nos. 4530202, 4530203, 4530205, zoned HM, Heavy Manufacturing District, be rezoned to RA, Residential Agricultural 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 February 22, 2005, 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 recommendation made Council, after considering the aforesaid application, the 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 Nos. 538, 539, and 453 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular manner and no other: Those properties located on Franklin Road, S.W., Old Rocky Mount Road, S.W., Welcome Valley Road, S.W. and Van Winkle Road, S.W. and designated on Sheet Nos. 538, 539 and 453 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 5380106, 5380107, 5380108, 5380123, and 5380110, zoned C-l, Office District; Official Tax No. 5380125, zoned RS-l, Residential Single Family District; and Official Tax Nos. 5390110, 5390117, 5390109, 5390108, 5390106, and 5390105, zoned RS-3, Residential Single Family District, be rezoned to HM, Heavy Manufacturing District; and Official Tax Nos. 4530202, 4530203, 4530205, zoned HM, Heavy Manufacturing District, be rezoned to RA, Residential Agricultural District, subject to the proffers contained in the First Amended Petition filed in the Office of the City Clerk on January 31, 2005 and that Sheet Nos. 538, 539 and 453 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. Architectural Review Board Board of Zoning Appeals Planning Commission CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning @ ci.roanoke.va.us February 22, 2005 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 Rockydale Quarries Corporation, represented by Maryellen F. Goodlatte, attorney, that properties located on Franklin Road, S.W., Old Rocky Mount Road, S.W., Welcome Valley Road, S.W., and Van Winkle Road, S.W., bearing Official Tax Nos. 5380106, 5380107, 5380108, 5380123, and 5380110, zoned C- 1, Office District; Official Tax No. 5380125, RS-l, Residential Single Family District; Official Tax Nos. 5390110, 5390117, 5390109, 5390108, 5390106, and 5390105, zoned RS-3 Residential Single Family District, be rezoned to HM, Heavy Manufacturing; and Official Tax Nos. 4530202, 4530203, 4530205, zoned HM, Heavy Manufacturing District, be rezoned to RA, Residential Agricultural District, such rezoning to be subject to certain conditions proffered by the petitioner. Planning Commission Action: Planning Commission public hearing was held on Thursday, January 20, 2006. By a vote of 6-0 (Mr. Williams absent), the Commission recommended approval of the requested rezoning of the First Amended Petition. Background: A petition was filed on December 3, 2004, for a change of zoning on twelve (12) parcels consisting of approximately 53.1 acres from C-1, Office, RS-l, Residential Single Family, and RS-3, Residential Single Family to HM, Heavy Manufacturing, and for a change of zoning on three (3) parcels consisting of approximately 9.3 acres from HM to RA, Residential Agricultural. The rezoning petition is one of three companion petitions being filed. The two other petitions are an amendment to the Southern Hills Neighborhood Plan and a vacation of Draper Road and portions of Old Rocky Mount Road and Welcome Valley Road. A First Amended Petition, dated January 28, 2005, was approved by the Planning Commission at the public hearing on January 20, 2005. The one (1) change is the addition of a proffer stating the petitioner will commit to a conservation easement for the three (3) parcels proposed to be rezoned to RA, Residential Agricultural. Consideration: The land uses and zoning districts surrounding the twelve (12) subject parcels proposed to be rezoned to HM, Heavy Manufacturing include: · To the northwest from U.S. Route 220 to Old Rocky Mount Road is a C-1, Office district. Adjacent uses include a contractor's office, a water tower, a multifamily development, and single family dwellings. · To the northeast from Old Rocky Mount Road to Welcome Valley Road is a RS-3, Residential Single Family district. Adjacent uses to the subject parcels include the New Hope Christian Church and single family dwellings. · To the east and southeast is a HM, Heavy Manufacturing district which includes Draper Paving Company and parcels owned by Rockydale Quarries. · To the south is the Blue Ridge Parkway in Roanoke County. · To the southwest across U.S. Route 220 are single family dwellings in Roanoke County. The land uses which surround the three (3) subject parcels proposed to be rezoned to RA, Residential Agricultural are: · Within the same HM, Heavy Manufacturing zoning district are three (3) smaller parcels consisting of two (2) single family dwellings and a cemetery. These parcels are not owned by the petitioner and not subject to the rezoning request. · Other adjacent parcels along Welcome Valley Road contain single family dwellings zoned RS-3, Residential Single Family district. 2 · South of the subject parcels, across the Mill Mountain Spur, are parcels associated with the quarry operation zoned HM, Heavy Manufacturing. The proposed rezoning of the subject parcels is consistent with following actions of Vision 2001-2020, the City's Comprehensive Plan: Roanoke will protect the steep slopes, ridge tops, and view sheds within the City as important environmental and scenic resources and will cooperate regionally to protect such resources located outside of the City (EC P3). Protect Blue Ridge Parkway corridors adjacent to City limits through coordination with adjacent localities and careful planning (EC A12). This industrial center, comprised of Rockydale Quarry and two adjacent related businesses, is distinct from underutilized industrial sites addressed in the comprehensive plan (p.58). Expansion of the quarry at its current location is supported by the unique and valuable mineral resources contained on the site, and its excellent access to U.S. Route 220, an important transportation corridor. Vision 2001-2020 encourages the expansion of new economic opportunities, but equally important is to consider the expansion of a unique use that has location specific characteristics not found in other areas of the City. The Southern Hills Neighborhood Plan, adopted in October 2002, encourages residential uses on the subject parcels. A companion petition to amend the neighborhood plan filed by the petitioner proposes amendments to the plan to ensure consistency between the desired expansion of the existing use and policies and actions contained in the plan. Staff believes that potential visual and acoustical impact of the quarry expansion has been adequately studied and addressed by the petitioner. As detailed on the proffered site plan (Exhibit B), a continuous, vegetated ten (10) foot high berm along the edge of the excavated pit of the expansion will be provided. A sample drawing of a ten (10) foot berm section is provided on Exhibit J-1. The selection of trees, grasses, and groundcovers will be chosen in accordance with the Virginia Department of Mines, Minerals and Energy (DMME), in order to stabilize the berm and also serving as a screening function. In an effort to further mitigate visual impacts of the proposed quarry expansion, the petitioner hired Hill Studio to conduct the Rockydale Quarries Expansion Visual Quality Analysis, revised November 11,2004. The report uses a geospacial analysis and visual simulation analysis to study the effects of the proposed quarry expansion on the visual quality of the surrounding areas. Recommendations resulting from the study are reflected in the petition's proffered conditions. For example, an overburden area proposed to be located southwest of the Old Rocky Mount Road and Welcome Valley Road intersection will provide greater view mitigation of the excavated high-wall from neighboring vistas than the berm alone. In accordance with proffer #7 in the petition (p.7), full scale production on the subject parcels will not begin until all necessary erosion and sediment controls, vegetated berm, and perimeter fence are in place. Timeline maps set at 5-year intervals over the estimated 20-year expansion period are attached as Exhibits E,F,G,and H. Overburden areas will increase in size as the excavation progresses. Although the quarry operates primarily during normal business hours, some automatic machinery runs through the night. The petitioner proffers not to place permanent processing equipment on HM, Heavy Manufacturing property subject to the rezoning. In addition, the blasting operations and normal quarry production on the subject properties will be restricted to regular business hours. Petitioner worked with staff to provide proffer language that allows flexibility to utilize the extended portion of the quarry in the case of public emergency or failure of infrastructure (such as roads). Staff believes the proffer sets adequate parameters to ensure normal operating hours will not be extended simply to meet a typical rise in demand for product. The restrictions to the operations of the quarry would apply strictly to the subject parcels of this petition and not to the operation of the existing quarry. The petitioner proffers to limit ground vibration from blasting to one-half of the limits allowable under current Virginia Department of Mines, Minerals and Energy (DrvlME) regulations. State Code (4 VAC 25-40-860) provides for greater allowable limits the further the distance from the nearest inhabited building (Exhibit 1). Tax Map Nos. 5390110, 5390117, 5390109, 5390108, 5390106, and 5390105 (zoned RS-3 Residential Single Family District) are located on the northeast corner of Old Rocky Mount Road and Welcome Valley Road. These six (6) parcels are shown on the proffered HM Development Plan (Exhibit B) to be used for an existing sediment basin and two (2) overburden areas. This area will not be used for the extraction of rocks or any other quarry activity. Overburden areas will be tiered and set back from the corner in order not to inhibit the sight distance triangle for vehicular traffic. 4 The petitioner estimates the proposed expansion of the excavated area of the quarry will extend the life of production to 40 years. State Code requires the quarry owner to develop a reclamation and revegetation plan of the site after operations are complete. Virginia Department of Mines, Minerals and Energy (DMME) emphasizes the importance of the community's interest in a productive reuse of the land (Mineral Mine Operators Manual, 6.1, 1/31/97). The petitioner proposes to rezone 9.3 acres of land located on the east side of the Mill Mountain spur along Welcome Valley Road from HM, Heavy Manufacturing to RA, Residential Agricultural. This land is pastoral, disconnected from the existing quarry by the Parkway Spur, and is predominantly featured from the Gum Springs Overlook located on the Mill Mountain Spur. The petitioner continues to work with the National Park Service to enhance view sheds of the Blue Ridge Parkway and Mill Mountain Spur by preserving pastoral land and mitigating view exposure to the quarry operations. The petitioner has hosted two neighborhood meetings at the New Hope Christian Church on Welcome Valley Road to discuss their expansion plans. They distributed 150 flyers advertising the meetings and both were well attended. Staff was present at the first meeting and found residents to be generally supportive of the project. Many of the issues discussed by the residents were positive endorsements of the traffic improvements proposed as part of the quarry expansion. The petitioner had an information session to address Roanoke County residents on January 18, 2005. Thirteen (13) individuals spoke in reference to the rezoning petition during the public hearing: · Mr. David Derrow (4117 Welcome Valley Road) supports Rockydale's plans. He said as a pastor of New Hope Christian Church (4229 Welcome Valley Road), Rockydale had addressed all the church's concerns. The church favors the proposed plans instead of the potential of expanding the quarry on the three (3) currently zoned HM, Heavy Manufacturing properties (proposed to be rezoned to RA, Residential Agricultural) located off of Welcome Valley Road. · Mr. Terry Walker (2358 Highway 66, Kernersville, NC 27284) stated he worked for Plantation Pipeline and had concerns about the proximity of the pipeline to the expanding quarry pit and any blasting activity. · Mr. Kenny Baliles (Kinder-Morgan's Roanoke Office) is the area serviceman for the Plantation Pipeline and said their office had not been notified of the petitions. · Mr. Erick Humphrey (3251 EIIsworth Street), manager of the Summit Apartments and Mr. Compton Bittle (1831 Mount Vernon Road), of Osterhoudt, Prillaman, Natt, Helscher, Yost, Maxwell, and Ferguson spoke on behalf of the owners of Summit Apartments. Mr. Bittle asked for a request of continuance for 60 days to allow enough time for his client to provide an independent analysis of the quarry expansion. Mr. Humphrey provided the Commission with a list of engineers they have attempted to contact to perform an independent analysis. In addition, he provided information on a 911 call from a Summit Apartment resident who thought an earthquake had occurred. · Mr. Travis Doss, an employee at the Summit, stated he felt a blast from the quarry while he was on the roof of one of the buildings. · Mr. Gary Johnson, (Blue Ridge Parkway, Asheville headquarters, 199 Hemphill Knob, Asheville, NC 28803) said that the Blue Ridge Parkway supported the project and was very appreciative of being involved in the early planning of the project. · Mr. Roger Holnback (2302 Stanley Avenue) is the Executive Director of the Western Virginia Land Trust. He said that he fully supported the efforts and the mitigation efforts were an example of business people doing the right thing. · Mr. George Brammer (5129 Falcon Ridge Road) said that the Hunting Hills Homeowners Organization had not been notified about the project and asked that the matter be delayed in order to notify the residents that will be affected by the quarry expansion. · Mr. Tracy Giles (3450 West Ridge Road) stated that he lived in the Summit Apartments for a year and did not know the quarry existed. He never experienced dust, noise, or vibration problems and there had been no impact on him at all. · Mr. Nick Ammar (1100 BB&T Bank Building) of Wetherington, Melchionna, Terry, Day, and Ammar appeared on behalf of his client, S.R. Draper Paving Company. He stated his client was asking for a 60 day continuance in order for Rockydale to consider alternatives that would not remove the access to Draper Road for Draper Paving Company customers. · Rockie Sluss (4531 Old Rocky Mount Road) supports the project and said the reduction in truck traffic would be beneficial to everyone in the neighborhood. He stated he had heard one blast in the four years he lived on Old Rocky Mount Road, otherwise he wouldn't know Rockydale was there. · Regina Sluss (4531 Old Rocky Mount Road) stated she had to pull her deaf child out of the pathway of a speeding dump truck and that the situation on the street is dangerous. She supports Rockydale's expansion plans and related changes to street patterns. The Planning Commission discussion centered on the following: · A question to staff if the petitioner had proffered the conservation easement on the three (3) parcels proposed to be rezoned to RA, Residential Agricultural. Staff reported it was not. At that time, the petitioner volunteered to amend the petition to include the conservation easement and is reflected as proffer #4 on the First Amended Petition. · A number of speakers requested that the Commission continue the matter for 60-90 days to allow more time for discussion of Rockydale's plans. The Commission felt that the applicant had made sufficient efforts with adjacent property owners to discuss the proposal before the petitions were ever filed and further continuances were not warranted. Recommendation: By a vote of 6-0, the Commission recommends approval of the requested rezoning. With its associated proffers, the petition is a reasonable request to rezone the subject parcels for the long term expansion of the quarry facility, and the protection of views and land uses immediately adjacent to the Mill Mountain Spur of the Blue Ridge Parkway. Respectfully submitted, Richard ^. Rife, Chairman City Planning Commission CC: Darlene L. Burcham, City Manager Rolanda Russell, Assistant City Manager for Community Development William M. Hackworth, City Attorney Maryellen Goodlatte, Attorney for the Petitioner IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Rezoning 62.4277 acres consisting of fifteen (15) tracts of land lying and being in the City of Roanoke, Virginia, along Franklin Road, Old Rocky Mount Road, Welcome Valley Road and Van Winkle Road and briefly described as: Tax Parcel Current Requested No. Address Zoning Zoning Acreage 5380106 Franklin Road C-1 HM 28.9030 5380125 Franklin Road RS-1 HM 9.0240 5380107 4659 Old Rocky Mount Road C-1 HM 1.00 5380108 4643 Old Rocky Mount Road C-1 HM .4197 5380123 4639 Old Rocky Mount Road C-1 HM .4526 5380110 4555 Old Rocky Mount Road C-1 HM 5.1727 5390110 4259 Welcome Valley Road RS-3 ItM 1.4678 5390117 Old Rocky Mount Road RS-3 HM 2.1127 5390109 Old Rocky Mount Road RS-3 HM 1.4003 5390108 Old Rocky Mount Road RS-3 ItM 1.8328 5390106 4628 Old Rocky Mount Road RS-3 HM 1.0089 5390105 Van Winkle Road RS-3 HM .1099 4530202 Welcome Valley Road HM RA 1.4543 4530203 4134 Welcome Valley Road HM RA 4.1852 4530205 4096 Welcome Valley Road HM RA 3.8838 from C-1 (Office District), RS-1 (Residential Single-Family District), RS-3 (Residential Single-Family District), and HM (Heavy Manufacturing District) as noted above together with vacated streets to HM (Heavy Manufacturing District) (52.9044 acres) and RA (Residential Agricultural District) (9.5233 acres) as noted above, and such rezoning to be subject to certain conditions. AMENDED PETITION TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Rockydale Quarries Corporation ("Rockydale") owns all the properties xvhich are the subject of this rezoning petition. Said tracts are currently zoned either C-1 (Office Single-Family District), RS-3 (Residential Single-Family Manufacturing District), as individually identified above. rezoned is attached as Exhibit A. Pursuant to Section 36.1~690, Code of the City of Roanoke (1979), as amended, Rockydale requests that the following properties be rezoned from their present zoning districts as noted above to HM (Heavy Manufacturing District): 5380106, 5380125, 5380107, 5380108, 5380123, 5380110, 5390110, 5390117, 5390109, 5390108, 5390106, and 5390105 (the "HM Property"). Rockydale further requests that the following properties be rezoned from HM (Heavy Manufacturing District) to RA (Residential Agricultural District): 4530202, 4530203, and 4530205 (the "RA Property"). Such rezonings shall, however, be subject to certain conditions set forth below for the purpose of facilitating the expansion of Rockydale while protecting, through buffering and the down-zoning of those parcels already zoned HM (Heavy Manufacturing District), the adjoining properties. The concept plan prepared by Lumsden Associates, P.C., dated November 22, 2004, and attached hereto as Exhibit B (the "HM Development Plan") shows the proposed use of the HM Property. The concept plan prepared by Lumsden Associates, P.C., dated July 26, 2004, and attached hereto as Exhibit C (the "RA Development Plan") shows the use of the RA Property. A master plan prepared by Lumsden Associates, P.C., dated November 22, 2004 and attached hereto as Exhibit D (the Master Plan) shows ail of the properties which comprise Rockydale Quarries, including those already zoned HM which zoning designation will not change. District), RS-1 (Residential District) or HM (Heavy A map of the properties to be Since 1943, Rockydale has operated a quarry on a south facing limestone slope of the Blue Ridge Mountains. The site creates employment for 52 people and yields various types of sand and stone for construction and agricultural purposes (including base stone ~br roads, manufacture of asphalt, concrete, cinderblock, precast, erosion control, landscaping, lawn and garden, buildings, brick manufacture, roofing, fertilizer manufacture, smelting, septic and sewer systems, etc.). Over those years, Rockydale has seen many changes to the area. These include the expansion of the City of Roanoke boundary, including the 2004 boundary line adjustment (resulting in all of the properties comprising the Rockydale Quarries site being entirely located within the jurisdictional boundaries of the City of Roanoke), upgrading of U.S. 220 to the quarry's west border, the addition of the Blue Ridge Parkway along the quarry's south border, and the building of the Fishburn Parkrway through its lands. Rockydale currently has 120 acres zoned and under permit for mining. Of this acreage, approximately 112 acres are disturbed. Since Rockydale first began production, it is estimated that over 50 million tons of rock has been excavated from the site. At the present production rate of 1.2 million tons per year, the reserves of the currently zoned site will be depleted in approximately 20 years. By expanding the excavated area of the quarry by approximately 35%, the life of the quarry is projected to double to 40 years, without any increased intensity of operations. Rockydale, the only active mine site in Roanoke City and Roanoke County, will be able to continue to produce the raw materials required by the Roanoke market. Rockydale is regulated by a host of state and federal agencies including the Virginia Department of Mines, Minerals and Energy (DMME), the U. S. Mine Safety and Health Administration (MSHA), the Virginia Department of Environmental Quality, the Bureau of Alcohol, Tobacco and Firearms, and the Environmental Protection Agency. The approximate limits of the quarry pit over the next 20 years are illustrated on maps attached as Exhibits E (after 1 year), F (after 5 years), G (after l0 years) and H (after 20 years). The quarry pit boundaries will be extended to the northwest, eventually involving approximately 35 additional acres of land (the quarry pit extension being located within tax parcel number 5380106, 5380107 and 5380125). This will necessitate a number of secondary actions, including the addition of new sediment bas/ns, additional stockpile in overburden areas, relocation of the quarry office, scale house and utilities, realignment of a short segment of Welcome Valley Road, signalization of Old Rocky Mount Road at the Outback Steakhouse restaurant, the vacation of a portion of Old Rocky Mount Road (south of tax parcel number 5370106) and the vacation of Draper Road. The vacation of Draper Road, and portions of Old Rocky Mount Road and Welcome Valley Road is requested in a companion petition filed this day. Also filed this day is a request to amend the Southern Hills Neighborhood Plan, which has been incorporated into Vision 2001-2020, the City's Comprehensive Plan. The just completed boundary tine adjustment between Roanoke City and Roanoke County brought tax parcel number 5380125 zoned RS-1 (Residential Single-Family District) within the jurisdictional boundaries of the City of Roanoke. This additional acreage, now part of the City of Roanoke, needs to be incorporated into the Southern Hills Neighborhood Plan as does the recognition of Rockydale's expansion. Rather than utilizing those portions of Rockydale's property already zoned HM (Heavy Manufacturing District) for new mining activity (i.e. tax parcels number 4530202, 4530203, and 4530205 located along Welcome Valley Road) Rockydale believes that all interests are better served by expanding the quarry's operations westward rather than northeastward. Expanding westward pernfits Rockydale to down-zone those parcels along Welcome Valley Road (tax parcels number 4530202, 4530203, and 4530205) in order to retain their pastoral character for not only the neighbors but for all those traveling along the Blue Ridge Parkway and the Fishbum Parkway, which overlooks tax parcels number 4530202, 4530203, and 4530205. Additionally, Rockydale intends to place a conservation easement on said properties to provide further protection for said parcels beyond that afforded by zoning. Rockydale believes that utilizing tax parcel number 5380106, 5380107 and 5380125 for the expansion of its quarry pit with tax parcels number 5380108, 5380123, 5380110, 5390110, 5390117, 5390109, 5390108, 5390106, and 5390105 being used to support said quarry expansion, coupled with the down-zoning of tax parcels number 4530202, 4530203, and 4530205 will further the intent and purposes of the City's zoning ordinance and its Comprehensive Plan. Rockydale hereby proffers and agrees that if these said tracts are rezoned as requested, that the rezoning will be subject to, and that it will abide by, the following conditions: 1. The properties being rezoned from RS-1 (Residential Single-Family District), C-1 (Office District), and RS~3 (Residential Single-Family District) to HM (Heavy Manufacturing D/strict) (the "HM Property") will be developed in substantial conformity with the HM Development Plan prepared by Lumsden Associates, P.C., dated November 22, 2004, a copy of which is attached to this petition as Exhibit B, subject to any changes required by the City and subject to changes required by federal or state agencies having regulatory control over Rockydale including the Virginia Department of Mines, Minerals and Energy. 2. The property to be rezoned from HM (Heavy Manufacturing District) to RA (Residential Agricultural District) (the "RA Property") will be developed in substantial conformity with the RA Development Plan prepared by Lumsden Associates, P.C., dated July 26, 2004, a copy of which is attached to this petition as Exhibit C. 3. The RA Property will not be further developed but shall remain pastoral. This will not, however, prevent the construction of a barn or other facilities needed to properly care for the horses located on the RA Property. To that end, the only permitted uses which shall be allowed on the RA Property shall be (a) single family detached dwellings and (b) stables which are accessory to a single family detached dwelling provided a minimum of two (2) acres is provided for each horse in the stable. 4. By February 22, 2010, Rockydale shall place a conservation easement on the RA Property upon terms acceptable to either the Western Virginia Land Trust or the Blue Ridge Parkway. 5. 6. No permanent processing equipment will be placed on the HM Property. Blasting operations on the HM Property will be camed out no earlier than 9:00 a.m. and no later than 4:00 p.m. Monday through Friday (except that where federal or state safety rules dictate that blasting scheduled prior to 4:00 p.m. be completed after 4:00 p.m., the 4:00 p.m. deadline shall be extended in order to comply with safety regulations). Normal 6 quarry production on the HM Property will occur between 7:00 a.m. to 6:00 p.m. Monday through Friday, and 7:00 a.m. to 12:00 noon Saturday. In the event, however, that a public emergency or the failure of road, railroad, dam or similar infrastructure requires emergency repair(s), blasting operations and quarry production on the HM Property may be extended to meet the requirements associated with said emergency. 7. In its operations on the HM Property, Rockydale will limit ground vibration from blasting for all shots to one-half of the limits allowable under current Virginia Department of Mines, Minerals and Energy regulations or the regulations of its successor agency, a copy of which regulations are attached hereto as Exhibit I. 8. Earthen berms will be constructed, vegetated and planted with trees for visual and acoustical mitigation as shown on the Rockydale Quarry Expansion Planting Areas plan ("HM Landscape Plan') prepared by Hill Studio, dated December 1, 2004, a copy of which is attached to this petition as Exhibit J-l, J-2, and J-3 subject to any changes required by federal or state agencies having regulatory control over Rockydale including the Virginia Department of Mines, Minerals and Energy. No full scale production on the HM Property will occur prior to establishment of all necessary sediment and erosion control structures, placement of screening berms with their associated stabilization as shown on the HM Landscape Plan, and the erection of a perimeter fence around the proposed quarry pit. To allow sufficient time for trees to mature, minerals on the northeasterly side of the slope to be quamed shall be extracted in general conforrmty with the timelines illustrated on maps attached as Exhibits E, F, G, and H. 7 9. A wheel wash station will be located so as to require all loaded vehicles to pass through it before entering onto public roads. By separate application, Rockydale has requested that Draper Road and portions of Old Rocky Mount Road and Welcome Valley Road be vacated, discontinued and closed. Rockydale requests that the portions of said roads for which vacation is sought be also zoned HM (Heavy Manufacturing District) subject to all the conditions hereinabove proffered. Attached as Exhibit K are the names, addresses and tax numbers of the owners of all lots or properties immediately adjacent thereto, immediately across a street or road from the property to be rezoned. WHEREFORE, Rockydale Quarries Corporation requests that the above-described tracts be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this ~'~ f'/-' day of January, 2005. Respectfully submitted, Rockydale Quames Corporation 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 Rockydale Quarries Corporation, a Virginia corporation, owner of the property subject to this petition, hereby consents to this amended petition, including the voluntary proffers contained herein. ROCKYDALE QUARRIES CORPORATION its: ~~ V 9 LUMSDEN ASSOCIATES, P.C. ENGINEERS-SURVEYORS-PLANNERS ROANOKE, VIRGINIA o o 0 0 0 YEAI~ 1 PLAN LUMSDEN ASSOCIATES, P.C. ,~,,~o.~^.~ ~,o~£~m0,,~,~, YEAR - 5 PLAN ./ LUMSDEN ASSOCIATES, P.C. ENGINEERS-SURVEYORS-PLANNERS ROANOKE, VIRGINIA O 0 0 YEAR - 10 PLAN LUMSDEN ASSOCIATES, P.C. ,~ ~,~,~an~^,~,,~ ~ ~NE,~,,,*~,, YEAR 20 PLAN LUMSDEN ASSOCIATES, P.C. ENGINEERS-SURVEYORS-PLANNERS ROANOKE, VIRGINIA 4 VAC 25-40-780 VIRGINIA ADMINISTRATIVE CODE 4 VAC 25 40-780. Storage of explosive materials. A. Detonators and explosives, other than blasting agents, shall be stored in magazines accepted by the Institute of Makers of Explosives or other approved agency. B. Detonators shall not be stored in the same magazine with explosives. C. Explosives magazines shall be: I. Located in accordance with the American Table of Distances; 2. Detached structures located away from power lines, fuel storage areas, and other possible sources of fire; 3. Constructed substantially of noncombustible material or covered with fire-resistant lnaterial; 4. Reasonably bullet resistant; 5. Electrically bonded and grounded if constructed of metal; 6. Made of nonsparking material on the inside, including floors; 7. Provided with adequate and effectively screened ventilation openings near the floor and ceiling; 8. Kept locked securely when unattended; 9. Posted with suitable danger signs so located that a bullet passing through the sign will not strike the magazine; 10. Used exclusively for storage of explosives or detonators and blasting- related materials; 11. Kept clean and dry in the interior and in good repair; 12. Unheated, unless heated in a manner that does not create a fire or explosion hazard. Electrical heating devices shall not be used inside a magazine; and 13. Located at least 300 feet away from any underground mine opening, occupied building, public road, or private road not used in connection with the mine~ D. An accurate inventory log of explosives stored in the magazine shall be maintained on site. E. Any theft or unaccounted loss of explosives shall be reported immediate- ly by telephone to local police, state police, the U.S. Department of Treasury Bureau of Alcohol, Tobacco and Firearms, and the Division of Mineral Mining. F. Smoking or open flames shall be prohibited within 50 feet of explosives magazines or blasting agents storage facilities. G. Areas surrounding magazines and facilities for the storage of blasting agents shall be kept clear of combustible materials, except live trees over 10 feet tall, for a distance of 50 feet in all directions. H. Prior to repairs of a magazine which may cause a fire or explosion, the contents shall be removed to a safe location and guarded. I. Explosives stored in magazines shall be: 40 L, ONSERVATION AND 1NATURAL KESOURCES 4 VAC 25--40-790 I. Arranged so that the oldest stock is used first; 2. Separated by brand and type; 3. Stored with their top sides up; and 4. Stacked in a stable manner not over eight feet high. J. When stored with other explosives, ammonium nitrate fuel oil blasting agents shall be physically separated to prevent contamination. K. Damaged or deteriorated explosives and blasting agents shall be de- stroyed in a safe manner by a certified blaster. Statutory Authority §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia. Historical Notes Derived from VR480-05-1.2 § 6.1; eft. July 19, 1989. Amended, Virginia Register Volume 14, Issue 17, eft. July 1, 1998. Effect of Amendment The July 1, 1998 amendment revised subsections A and D, and paragraphs C. 1 and C.10. 4 VAC 25'40-790. Transportation. A. Vehicles used to transport explosives shall be: 1. In good mechanical condition; 2. Posted with warning signs; $. Provided with suitable fire extinguishers; 4. Provided with a nonsparking cargo area equipped with sides and tailgate; 5. Kept free of extraneous materials in the cargo area; 6. Operated at safe speeds over routes that expose the minimum number of personnel; and 7. Operated with the minimum number of persons required to safely transport the explosives. B. Explosives and detonators shall be transported in separate vehicles unless they are separated by four inches of hardwood or the equivalent. C. When explosives or detonators are transported by an electrically-pow- ered vehicle, the cargo area shall be electrically insulated and covered. D. Vehicles containing explosives shall not be left unattended or taken into a shop or building for any reason. E. No person shall smoke while transporting explosives. F. Explosives, detonators, or blasting agents shall not be transported on mantrips. G. Explosives and detonators shall be transported in substantial, noncon- ductive, closed containers. Containers shall not be stacked higher than the sides or tailgate of the vehicle. Statutory Authority §§ 45.1-161.3, 45.1-161.294 and 45.1-161.3Q5 of the Code of Virginia. 41 4 VAC 25-40-790 VIRGINIA ADMINISTRATIVE CODE Historical Notes Derived from VR480-05~1.2 § 6.2; eft. July 19, 1989. Axnended, Virginia Register Volmne 14, Issue 17, eft. July 1, 1998. Effect of Amendment The July 1, 1998 amendment made grammatical changes. 4 VAC 25-40-800. Use of explosives. A. A certified blaster shall bc in direct charge of blasting activities. B. Persons who assist in blasting activities shall be under the direct supervi- sion of the certified blaster in charge and shall be alerted to thc hazards involved. C. Black powder or safety fuse shall not be used without approval from the director. Special approvals shall specify use restrictions and procedures neces- sary for safe storage, transportation, and usc. D. The design and loading of a blast shall provide sufficient burden, spacing, and stemming to prevent flyrock or other dangerous effects. E. Boreholes shall not bc drilled where there is a danger of intersecting a loaded or misfired hole. F. No person shall smoke or use an open flame within 50 feet of explosives or detonators. G. Prior to bringing explosives and detonators to the blast site: I. Weather conditions shall be monitored to ensure safe loading and firing; 2. The blast site shall be inspected for hazards; 3. The boreholes shall be inspected and cleared of obstructions; and 4. Personnel and equipment, except those used in loading the shot, shall be removed from the blast site. H. Boreholes to be blasted shall be loaded as near to the blasting time as practical. Loaded shots shall be blasted as Soon as possible upon completion of loading and connection to the initiation device. Surface blasting shall be conducted during daylight hours only. I. Explosives shall be kept a safe distance from detonators until they are made into a primer. J. Primers shall not be made up or assembled in advance of the borehole being loaded. K. Only wooden or other nonsparking impiemcnts shall be used to punch holes in an explosive cartridge. L. Detonators shall be inserted completely and securely into explosive cartridges used as primers. Priming shall be sufficient to detonate the explo- sive column in the borcholc. M. Primers shall be inserted into the borehote slowly to prevent accidental detonation from impact, and tamping shall not be done directly on the primer. N. Tamping poles shall be constructed of wood and/or nonsparking materi- als. CONSERVATION AND NATURAL RESOURCES 4 VAC 25-40-810 O. Unused explosives, detonators, and blasting agents shall be returned to ihe magazine or storage facility upon completion of loading activities and prior to firing the blast. P. Equipment and machinery used to load or stem boreholes shall not be operated over loaded boreholes for any reason. Areas containing loaded boreholes shall be guarded or barricaded to prevent unauthorized entry. Q. Blast warning signals shall be established and posted at the mine. Audible Warning signals shall be given prior to firing a blast. R. All personnel shall be removed from the blast area prior to connection to the initiation device and the firing of a blast. S. Blasting personnel shall fire shots from a safe location. T. A post-blast examination of the blast area shall be made by the certified blaster in charge. Other personnel shall not return to the blasting area until an all clear signal is received from the certified blaster. Statutory Authority §§ 45.1-161.3, 45.1-161.294 and 45~1-161.305 of the Code of Virginia. Historical Notes Derived from VR480-05-1.2 § 6.3; eft. July 19, 1989. Amended, Virginia Register Volume 14, Issue 17, eft. July 1, 1998. Effect of Amendment The July 1, 1998 amendment revised subsections C, H, N, R and T, and paragraph G.4. 4 VAC 25-40-810. Recordkeeping. A detailed record of each SurfaCe blast shall be prepared immediately by the certified blaster. Records shall be maintained for three years and subject to inspection by the division mine inspectors. Records shall contain the following information: 1. Name of company or contractor; 2. Location, date, and time of blast; 3. Name, signature, and certification number of blaster in charge; 4. Type of material blasted; 5. Number of holes, burden and spacing; 6. Diameter, depth and condition ofborehotes; 7. Types of explosives used; 8. Total amount of explosives used; 9. Maximum amount of explosives per delay period of eight milliseconds or greater; 10. Method of firing and type o{' circuit; l l. Direction and distance in feet to nearest dwelling house, public building~ school, church, commercial or institutional building neither owned nor leased by the person conducting the blasting; 12. Weather conditions (including such factors as wind directions, etc.); 4 VAC 25-40-81{) VIRGINIA ADMINISTRATIVE CODE 13. Height or length of stemming; 14. Whether mats or other protections were used; 15. Type of detonators used and delay periods used; 16. The person taking the seismograph reading shall accurately indicate quired: a. b. C. 18. exact location of seismograph, if used, and shall also show the distance of seismograph from blast; 17. Seismograph records, including seismograph readings, where re- Name and signature of person operating seismograph; Name of person analyzing the seismograph record; and Seismograph reading; and Maximum number of holes per delay period of eight milliseconds or greater. Statutory Authority §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia. Historical Notes Derived from VR480-05-1.2 § 6.4; eft. July 19, 1989. Amended, Virginia Register Volume 14, Issue 17, eft. July I, 1998. Effect of Amendment The July 1, 1998 amendment revised subsection 6, which had read, "Diameter and depth of holes;" and made punctuation changes. 4 VAC 25-40-820. Procedure where a misfire occurs during a blast. A. No person shall enter the blasting area for at least 15 minutes except in the case of safety fuse where special approvals apply. B. Misfires shall be disposed of in a safe manner by the certified blaster. C. The blast area shall be guarded or barricaded and posted with warning signs until the misfire has been cleared. Statutory Authority §§ 45.1-161.3, 45.1~161.294 and 45.1-161.305 of the Code of Virginia. Historical Notes Derived from VR480-05-1.2 § 6.5; eft. July 19, 1989. Amended, Virginia Register Volume 14, Issue 17, eft. July 1, 1998. Effect of Amendment The July 1, 1998 amendment made technical and grammatical changes. 4 VAC 25-40-830. When traffic to be stopped. Prior to blasting near a mine haul road or public highway, traffic shall be stopped at a safe distance. Statutory Authority §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia. Historical Notes Derived from VR480-05-1.2 § 6.6; eft. July 19, 19~9. CONSERVATION AND NATURAL RESOURCES 4 VAC 25-40-880 Amended, Virginia Register Volume 14, Issue 17, eft. July 1, 1998. Effect of Amendment The July 1, 1998 amendment deleted the hyphen fi'om "lnine-haul". 4 VAC 25-40-840. Mudcapping. Mudcapping in blasting operations shall be permitted only where the driller would be in a hazardous position in attempting to drill the rock or material to be blasted. Statutory Authority §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia. Historical Notes Derived from VR480-05-1.2 § 6.7; eft. July 10, 1989. 4 VAC 25-40-850. Blasting near underground mines. When conducting surface blasting activities near an underground mine, advance notice of blasting shall be given to the underground mine operator by the certified blaster. Statutory Authority §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia. Historical Notes Derived from VR480-05-1.2 § 6.8; eft. July 19, 1989. 4 VAC 2~ ~9-860. Blasting near pipelines or electrical lines. When conducting surface blasting activities within 300 feet of private pipe- lines or electrical transmission lines, advance notice of blasting shall be given to the owners of the pipeline or transmission lines by the certified blaster. Statutory Authority §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia. Historical Notes Derived from VR480-05-1.2 § 6.9; elf. July 19, 1989. 4 VAC 25-40-870. Streams and watercourses. Surface blasting shall be prohibited if effects are liable to change the course or channel of any stream without a variance issued by the director. Statutory Authority §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia. Historical Notes Derived from VR480-05-1.2 § 6.10; eft. July 19, 1989. Amended, Virginia Register Volume 14, Issue 17, eft. July 1, 1998. Effect of Amendment The July 1, 1998 amendment changed "division" to "director". 4 VAC 25-40-880. Ground vibration from blasting. A. Ground vibration, measured as peak particle velocity resulting from blasting, shall not exceed the limits set forth below at any inhabited building 45 4 VAC 25-40-880 VIRGINIA ADMINISTRATIVE CODE not owned or leased by the operator, without approval of the director. seismographic record shall be provided for each blast. Distance (D) to Peak Particle nearest inhabited Velocity, inches Ds (when not building, feet per second using a seismograph) A 0 - 300 1.25 50 301 - 5,000 1.00 55 5,001 and beyond 0.75 65 B. If seismic monitoring of each blast is not conducted, blasting shall be in accordance with the following scaled distance formulas: W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more. D = Distance in feet from the blast site to the nearest inhabited building not owned or leased by the mine operator. Ds = Scaled distance factor shown in table in subsection A of this section. C. The operator may use the alternative ground vibration limits shown below to determine the maximum allowable ground vibration. If these limits are Used, a seismographic record including both particle velocity and vibration frequency levels shall be kept for each blast. Ground vibration levels and airblast levels are taken from the Blasting Guidance Manual. CONSERVATION AND N ~TURAL RESOURCES 4 VAC 25-40-890 10.0 1.5 0.? 0.6 0.4 0.1 2 in/sec 0.75 in/sec I 4 100 11 Il I I 10 20 30 Blast Vibration Frequency, Hz Figure 1. Alternative blasting level cdtena. 10.0 2.0 1.0 1.0 0.9 0.7 0.0 0.4 0.3 0.2 (Source modified from figure B-1. Bureau of Mines R18507) Statutory Authority §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia. Historical Notes Derived from VR480~05-1.2 § 6.11; eft. July 19, 1989. Amended, Virginia Register Volume 14, Issue 17, eft. July 1, 1998. Effect of Ataendment The Jbly 1, 1998 amendment Substantially revised this section. 4 VAC 25-40-890. Airblast limits. Airblast resulting from surface blasting shall not exceed 129 decibels at any private building not owned or leased by the operator unless an alternate level based on the sensitivity of the seismograph microphone as specified below is being used. Lower Frequency Limit of Measuring System, in Hz Max. Level in dB ($dB) 1 Hz or lower--fiat response* 2 Hz or lower--flat response 6 Hz or lower--flat response C-weighted slow response 134 peak 133 peak 129 peak 105 peak dBC *Only when approved by the director. Statutory Authority §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia. 47¸ 4 VAC 25-40-890 VIRGINIA ADMINISTI~aTiVE CODE Historical Notes Derived from VR480-05-1.2 § 6.12; eft. July 19, 1989. Amended, Virginia Register Volume 14, Issue 17, eft. July 1, 1998. Effect of Amendment The July 1, 1998 amendment substantially revised this section. 4 VAC 25-40-895. Lower vibration and airblast levels. If necessary to prevent damage, the director may specify lower allowable ground vibration and airblast levels than those provided by 4 VAC 25-40-880 and 4 VAC 95-40-890. Statutory Authority §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia. Historical NOtes Derived from Virginia Register Volume 14, Issue 17, eft. July 1, 1998. 4 VAC 25-40-900. Total weight of explosives. The total pounds of explosives and blasting agents in any blast shall not exceed 40,000 pounds without the approval of the director. Statutory Authority §§ 45.1-161.3, 45.1-161.294 and 45.1q161.305 of the Code of Virginia. Historical Notes Derived from VR480-05-1.2 § 6.13; eft. July 19, 1989. Amended, Virginia Register Volume 14, Issue 17, eft. July 1, 1998. Effect of Amendment The July 1, 1998 amendment changed "written approval of thc division" tO "approval of the director". 4 VAC 25-40-910. Seismic testing and evaluation. Seismic testing and evaluation to determine compliance with blasting regula- tions shall: I. Utilize acceptable instrumentation which measures ground vibration, airblast and vibration frequency when applicable; 2. Be conducted and analyzed by a qualified person; and 3. Be conducted whenever directed by the division. Statutory Authority §§ 45.1-161.3, 45.1-161.294 and 45.1q161.305 of the Code of Virginia. Historical Notes Derived from VR480-05-1.2 § 6.14; eft. July 19, 1989. Amended, Virginia Register Volume 14, Issue 1% eft. July 1, 1998. Effect of Amendment The July 1, 1998 amendment revised subsections 1 and 2. 4 VAC 25-40-920. Electric detonators. A. When electric detonators are used, an acceptable blaster's galvanometer or blaster's multi-meter shall be used to test detonators, firing lines, series circuits, and total circuit resistance prior to firing. 48 CONSERVATION AND NATURAL RESOURCES 4 VAC 2540-930 B. Electric detonators of different brands shall not be used in the same blast. C. Except when being tested with an acceptable instrument: 1. Electric detonators shall be kept shunted until they are connected into the series circuit; 2. Series circuits shall be kept shunted until they are connected onto the firing line; and 3. Firing lines shall be kept shunted until immediately before blasting. D. Blasting machines or other acceptable power sources shall be suitable for the number of electric detonators to be fired and for the type of circuits to be used. E. When electric detonators are used, sources of stray current to the blasting area shall be de-energized. Blasting activities shall be stopped immedi- ately if stray current or static electricity in amounts sufficient to cause a premature detonation are encountered. Statutory Authority §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia. Historical Notes Derived from VR480-05-1.2 § 6.15; eft. July 19, 1989. Amended, Virginia Register Volume 14, Issue 17, eft. July 1, 1998. Effect of Amendment The July 1, 1998 amendment changed "approved" to "acceptable" !n subsection D, and made grammatical changes in subsection A. 4 VAC 25-40-950. Nonelectric blasting. A. When detonating cord manufactured with more than three grains per foot is used within 800 feet of inhabited buildings, not.owned or leased by the operator, trunk lines shall be covered with at least six inches of loose earth or other acceptable material. B. All detonating cord knots shall be fight and all connections kept at right angles to the trunk lines. C. Detonators and delay connectors shall not be attached to exposed detonating cord by the certified blaster until the blast area is cleared. D. Detonating cord blasting shall use a double trunk line or loop system to ensure complete detonation. E. Detonating cord trunk lines, in multiple row blasts, shall make one or more complete loops, with crossties between loops at intervals not more than 200 feet. F. When using a gas-charged initiation system, the certified blaster shall ensure that all components are fully charged prior to firing the blast. The blast area shall be cleared of personnel prior to charging the components. G. Shock tube and other nonelectric detonation systems shall be used in accordance with manufacturers' recommendations. 4 VAC 25-40-930 VIRGINIA ADMINISTRATIVE CODE Statutory Authority §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia. Historical Notes Derived from VR480-05-1.2 § 6.16; eft. July 19, 1989. Amended, Virginia Register Volume 14, Issue 17, eft. July 1, 1998. Effect of Amendment The July 1, 1998 amendment changed "blasting area" to "blast area" in subsections C and F, and in subsection A, changed "mine operator" to "operator", and added "or other acceptable material". PART VII DRILLING~SURFACE AND UNDERGROUND 4 VAC 25-40-940. 4 VAC 25-40-950. 4 VAC 25-40-960. 4 VAC 25-40-970. 4 VAC 25-40-980. 4 YAC 25-40-990. 4 VAC 25-40-1000. 4 VAC 25-40-1010. 4 VAC 25-40-1020. 4 VAC 25-40-1030. 4 VAC 25-40-1040. 4 VAC 25-40-1050. 4 VAC 25-40-1060. 4 VAC 25-40-1070. 4 VAC 25-40-1080. 4 VAC 25-40-1090. [Repealed]. Inspection of equipment prior to use. [Repealed]. Safe operation of drills. Drilling of boreholes. Drills to be attended. Storage of steel and tools. Moving vehicle-mounted drills. Power failures. Hands to be kept clear. Clothing. Boreholes. Moving handheld drills. Handling of boulders. Walls or benches. Rotary jet piercing equipment. 4 VAC 25-40-940. [Repealed] Statutory Authority §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia. Historical Notes Derived from VR480-05-1.2 § 7.1; eft. July 19, 1989; repealed, Virginia Register Volume 14, Issue 17, eft. July 1, 1998. Editor's Note This section provided for inspection of drilling area for'hazards~ 4 VAC 25-40-950. Inspection of equipment prior to use. Drillers shall inspect their equipment prior to use. Equipment defects affect- ing safety shall be reported to the certified foreman. Statutory Authority §§ 45.1-161.3, 45.1461.294 and 45.1-161.305 of the Code of Virginia. Historical Notes Derived from VR480-05-1.2 § 7.2; eft. July 19, 1989. 50 Z m > rn 0 m m gram rn Z C~ ;;0 0 Z 0 m ITl Fn z ,-I itl ITl 0 ~ <0 ~ --~0 ©> ~c> m-< 7 ADJOINING PROPERTY OWNERS TO Tax Map No. 5380106 Tax Map No. 5380107 Tax Map No. 5380108 Tax Map No. 5380123 Tax Map No. 5380110 Tax Map No. 5380125 Tax Map No. 5390110 Tax Map No. 5390117 Tax Map No. 5390109 Tax Map No. 5390108 Tax Map No. 5390106 Tax Map No. 5390105 Tax Map No. 4530202 Tax Map No. 4530203 Tax Map No. 4530205 Franklin Road, S.W. (28.9030 Acres) 4659 Old Rocky Mount Road, S.W. (1.00 Acres) 4643 Old Rocky Mount Road, S.W. (0.4197 Acres) 4639 Old Rocky Mount Road, S.W. (0.4526 Acres) 4555 Old Rocky Mount Road, S.W. (5.1727 Acres) Franklin Road, S.W. (9.0240 Acres) 4259 Welcome Valley Road, S.W. (1.4678 Acres) Rocky Mount Road, S.W. (2.1127 Acres) Old Rocky Mount Road, S.W. (1.4003 Acres) Old Rocky Mount Road, S.W. (1.8328 Acres) 4628 Old Rocky Mount Road, S.W. (1.0089 Acres) Van Winkle Road, S.W. (0.1099 Acres) Welcome Valley Road, S.E. (1.4543 Acres) 4134 Welcome Valley Road, S.E. (4.1852 Acres) 4096 Welcome Valley Road, S.E. (3.8838 Acres) ROANOKE CITY PROPERTIES Tax Map Number Owners/Addresses 5380105 The Branch Family LLC 4552 Franklin Road, S.W. Roanoke, VA 24014 5380121 4530206 5380104 5380111 5460120 5460128 5390107 5390104 5390116 5460109 5390113 5370101 5370114 Western Virginia Water Authority 2012 S. Jefferson Street, Suite 200 Roanoke, VA 24014 Summ/t at Roanoke Apts., LLC 4333 Edgewood Road, N.E. Cedar Rapids, Iowa 52499 Stacy Ann Lucas 3946 Welcome Valley, S.E. Roanoke, VA 24014 Gary W. Critzer Judy L. Critzer 4531 Narrows Lane, S.W. Roanoke, VA 24014 Kenneth A. Muncy Malinda L. Muncy 1005 Boon Bernard Drive Boones Mill, VA 24065 American Electric Power (formerly Appalachian Power) 215 Church Avenue, S.W., Room 250 Roanoke, VA 24011 Russell C. Etter Patsy A. Etter 4542 Old Rocky Mount Road, S.W. Roanoke, VA 24014 Trustees of the New Hope Christ/an Church 4229 Welcome Valley Road Roanoke, VA 24014 Margaret B. Young Trustees of First Union National Bank of Virginia 4737 Barclay Square Roanoke, VA 24018 5370102 5370103 5370104 5370107 5370108 4530101 5390204 5390203 5390202 5370105 4530201 4530102 4530103 4530104 4530105 4530106 Rockydale Quames Corporation P. O. Box 8425 Roanoke, VA 24014 S. R. Draper Paving Company 4742 Old Rocky Mountain Road, S.W. Roanoke, VA 24014 Joe B. Helms, Jr. 3775 Bandy Road, S.E. Roanoke, VA 24014 Frank E. Wilson Elmira M. Wilson 4125 Welcome Valley Road, S.E. Roanoke, VA 24014 David M. Derrow Mary V. Derrow 4117 Welcome Valley Road, S.E. Roanoke, VA 24014 Conrad R. Altizer Janet R. Altizer 4111 Welcome Valley Road, S.E. Roanoke, VA 24014 Janice S. Latham 4101 Welcome Valley Road, S.E. Roanoke, VA 24014 Edward C. Kennedy Jacqueline C. Kennedy 4097 Welcome Valley Road, S.E. Roanoke, VA 24014 4530107 4530108 4530207 4530204 W. H. Radford 4091 Welcome Valley Road, S.E. Roanoke, VA 24014 Deborah W. Cassell 4077 Welcome Valley Road, S.E. Roanoke, VA 24014 William R. Divers Mary H. Divers 4070WelcomeValleyRoad, S.E. Roanoke, VA 24014 Campbell Heirs Cemetery 5512 Will Carter Lane Roanoke, VA 24014 Tax Map Number 088.09-01-03.00 088.13-01-09.00 ROANOKE COUNTY PROPERTIES Owner/Addresses Kenneth W. Wilson Melissa D. Lephew Wilson Route #1, Box 335 Elliston, VA 24087 Old Heritage Corporation P. O. Box 8425 Roanoke, VA 24014 Superintendent Attention: Gary Johnson Blue Ridge Parkway National Park Service U. S. Department of the Interior 199 Hemphill Knob Road Asheville, NC 28803-8686 COMPUTERCENTER January 8, 2005 Mayor C. Nelson Harris City of Roanoke 215 Church Ave. SW Room 452 Roanoke, VA 24011-1594 Dear Nelson: RECEIVED I am writing to solicit your support of the request by Rockydale Quarries to rezone 50 acres of their land so they may expand the life of their Roanoke operation for an additional 20 years. Rockydale's petition outlines all the benefits of this expansion for their business, The City of Roanoke, Rockydale's customers, Rockydale's vendors and economic development in general, so I will not attempt to include all those benefits in this letter. I would like to remind you that the leadership of The City of Roanoke is proud to claim "Roanoke is open for business" and is "business friendly". Often those claims are made when we are attempting to convince a business entity to invest their business dollars in Roanoke rather than some other competing location. Additionally, those competitive wins often require The City of Roanoke to provide incentives including large sums of money (the recent Ukrops decision is a perfect example). I applaud The City of Roanoke's economic development efforts but let's make sure we are just as "business friendly" to our existing local businesses. Rockdale Quarries has been an outstanding local commemial entity for 77 years and now when they need your support to expand their operations let's make sure we assist them in everyway possible and congratulate and thank them for their further investment in The City of Roanoke. I want to thank you in advance for your enthusiastic support of Rockdale Quarries's petition. Sincemly, ENTRE COMPUTER CENTER President Cc Roanoke City Council Members ,d' Roanoke Planning Conunission Members Mr. David Willis, Rockydale Quarries 3846 Electric Road, S.W., Roanoke, VA 24018 (540) 989-6000 FAX (540) 989-9798 Tiirner & company, inc. GENERALCONTRACTORS P.O. BOX 2140, ROANOKE, VIRGINIA 24009 ° (540) 343-6749 · FAX (540) 343-6031 wwwjmturner.coln SHIPPING ADDRESS: 130 CHURCH AVENUE, ROANOKE, VIRGINIA 24011 January 13, 2005 Planning Commission Chairman and Members of the Planning Commission City of Roanoke 215 Church Avenue, S.W. Room 166 Roanoke, VA 24011 In re: Zoning Request of Rockydale Quarries Corporation Dear Planning Commission Chairman and Members of the Planning Commission: I am pleased to send this letter in support of the rezoning application of Rockydale Quarries Corporation. We have done business with Rockydale for over 50 years. It is an outstanding company in the Valley and has been so during the 77 years it has been in business. As you well know, there are problems associated with this type of business. However, the product is necessary for economic growth in this area. Rockydale is mindful of the potential problems and goes out of its way to conduct its business in an environmentally positive way as possible. I have discussed the proposed expansion at length with representatives from the quarries. I was impressed by the time, resources and effort they have invested in this project to come up with a very sound plan for expansion. Rockydale needs this flexibility and the construction industry, which depends on their product to a large degree, needs for Rockydale to have this flexibility in order to have a competitive source of aggregates. This, as mentioned earlier, is very important for the economic growth and development of our community. In short, Rockydale is an outstanding corporate citizen, they have a well thought-out plan and it is certainly one that should be approved by the City of Roanoke. If I can provide additional information, please do not hesitate to let me know. Thank you for your attention to this. With best reg~ards, Staunton Office: EO. Box 2743, Staunton, Virginia 24402-2743 0 410 Conunerce Road, Staunton, Virginia 24401 (540) 886-3900 · Fax (540) 886-4763 Jan 17 05 02:IGp Robert Oldsmobile VALLEY CADILLAC-OLDSMOBILE, INC. 2743 FRANKLIN ROAD, S.W. USED CARS ROANOKE, VIRGINIA 24014 BODY SHOP (540) 342-3733 (540} 344-9274 (540) 982-6528 January I7, 2005 Roanoke City Planning Commission 215 Church Avenue SW Room 166 Roanoke, Virginia 24011 Ref: Rockydale Quarries Dear Members of the Planning Commission, As a long-time resident and business owner in the Roanoke Valley, I am writing to urge your support of the rezoning and road closures needed by Roekydale Quarries for their expansion. Their requests will allow this important resource for our community to double its useful life. Since 1966, I have lived in Hunting Hills and traveled on Route 220 right past the quarry, In fact, both of my homes in Hunting Hills looked into the quarry! My views of the quarry's canyon-like wall have been lovely and have only added to the enjoyment of my home. I also applaud the traffic improvements which Rockydale has included within its proposal. These will enhance the safety of the motoring public along Route 220. Being a business owner in the City, I am especially aware of the importance of Rockydale's products for our building and road industries. Let's keep them supplying Roanoke's construction needs for as long as reasonably possible. I urge your support for their requests. Jan 17 05 02: 19p Robert Mason 540-342-4157 p. 1 Oldsmobile VALLEY CADILLAC-OLDSMOBILE, INC. 2743 FRANKLIN ROAD, S.W. USED CARS ROANOKE, VIRGINIA 24014 BODY SHOP (540) 342-3733 (540) 344-9274 (540) 982-6528 January 17, 2005 Roanoke City Planning Commission 215 Church Avenue SW Room 166 Koanoke, Virginia 240 t 1 Reft Rockydale Quarries Dear Members of the Planning Commission, As a life-long resident of the Roanoke Valley, I ask that you grant the requests filed by Rockydale Quarries being considered by you this week. Unfortunately, I will not be able to attend the public hearing on Thursday, but wanted to urge this action on your part. I live in Hunting Hills, so, I have been "living" with the quarry for most of my life. I have not been negatively impacted by the quarry's activity, but rather appreciate the important role played by the quarry in the economic life of Roanoke I also appreciate how adding a traffic light on Route 220 at the Outback Steakhouse will definitely help the folks who live on that road or use Old Rocky Mount Road to access Route 220. Rockydale's agreement to pay for that traffic signal is consistent with their community- mindedness. Good projects need to be supported. This is a good project and I ask that you allow it to proceed. Sincerely, Karen O'Dell, Vice President January 18, 2005 Roanoke City Planning Commission Municipal Building, Room 162 215 Church Avenue, S.W. Roanoke, Virginia 24011 RE: Rockydale Quarries Rezoning Request Dear Members of the Planning Commission: The Branch Family L.L.C. owns property adjacent to the site which is proposed for the expansion of Rockydale Quarries. Our office buildings appear to be the closest structures to the proposed expansion. As one of the surrounding property owners, we do not oppose the proposed expansion. Rockydale Quarries has been our neighbor for years, and a good neighbor at that. We have met with representatives of Rockydale Quarries in order to understand the expansion. We believe that the package put together by Rockydale Quarries seems to be a reasonable plan. We appreciate Rockydale's concerns surrounding the expansion of their quarry and understand that their planned expansion should not have a noticeable impact on our property. cc: Rockydale Quarries 4552 Franklin Road, S.W. · Roanoke, Virginia 24014 (540) 774-1208 (Ol~ice) (540} 774-1359 (Fax) bmc@branchmgt.com ROANOKE Roanoke Neighborhood Advocates Promoting the Development of World-Class Neighborhoods Members: Carl D, Cooper Ch~ir Sandra B. Kelly V~ce Chair John Renick Secretory Shirley Bethel Bob Caudle January 20, 2005 Ladies and gentlemen of the Commission, good afternoon. I rise before you today as Chair of the RNA, a Council appointed committee charged with advocating on behalf of all of Roanoke's neighborhoods. I rise to object to the Rockydale rezoning petitions before you and to ask that the petitions be tabled for 90 days. The RNA objects to the petitions before you in particular the petition to modify the Southern Hills Neighborhood Plan. We object for the following reasons. Richard Nichols Althea L. Pilkington Cheryl D. Ramsey Dawn Vineyard 2) Krystle Waller 1) Communication. The RNA consistently and overwhelmingly continues to hear from citizens that the administration and Council of Roanoke do John Griessrnayernot adequately inform and involve citizens in the decision making process. The petitions before you have not been adequately advertised Robin Murphy-Kelso. tO citizens so as to give a fair opportunity for citizens to participate and make their views known. The most glaring example is that the Planning Departments Request for Comments on the petitions arrived at the Southern Hills Neighborhood Council on December :[5, 2004 with a December 20, 2004 deadline for written comment thereby giving the neighborhood organization 5 days to respond. We submit that this is inadequate. Process. The RNA submits that the standard being utilized to determine adequate notice of proposed changes to the Neighborhood Plan is severely inadequate and attempts to establish a notification precedent EarnestC. Wilson. Jr. without input from the neighborhoods of Roanoke. The Planning Departments position that using the state code requirement of notifying adjoining property owners is sufficient notification of intent to modify a neighborhood plan is strongly opposed by the RNA. Whereas a spot rezoning may only require the notification of adjoining property owners, the modification of a neighborhood plan, we submit, requires the notification of all residents within the area covered by the neighborhood plan to be modified. Additionally, RNA strenuously objects to Planning's intention to permanently link the spot rezoning of any property within the city to a mandated and automatic modification of the neighborhood plan overseeing the property to be rezoned. Noel C Taylor Municipal Building 215 Church Avenue S W Room 162 Ladies and Gentlemen of the Planning Commission January 20, 2005 Page 2 In closing, RNA believes a Neighborhood Plan (NHP) needs to be modified by the entire neighborhood rather than piecemeal by special interests. RNA takes no position on the merits of Rockydale's request. However, because the proposed changes considerably rewrite the neighborhood plan and because neighborhood plans are supposed to be a collaborative effort between the city and residents, RNA requests that the Planning Commission make no decisions on Rockydale requests until Southern Hills residents are given an opportunity to review all proposed changes in conjunction .with the community's current neighborhood plan. Enacted and taken together, the cumulative effect of these changes will be to transform the essential focus of the neighborhood from that of one envisioned by the creators of the NHP to that of one pushed by economic special interests that in essence rewrites the neighborhood plan without including the affected residents. ~ectfully su bm/i~ed, Carl D. Cooper Chair C-1 5380111 5390104 5460109 53901'3 RS-3 Rockydale Quarries Map #1 Subject Parcels Zoning Districts 5380105 5370102 5370103 5370105 , HM ROANOKE COUNTY 5370108 Rockydale Quarries Map #2 ~ Subject Parcels r--'lZoning Districts 4530102 RS:3 4530107 ' , 4530108 RS.3 4530207 5390202 HM 4530204 5390203 5390204 PKWy 5370114 Text of remarks by Carl D. Cooper speaking to the Planning Commission on January 20, 2004 on the matter of Rockydale Quarry Rezoning Petition. Ladies and gentlemen of the Commission, good afternoon. I rise before you today as Chair of the RNA, a Council appointed committee charged with advocating on behalf of all of Roanoke's neighborhoods. I rise to object to the Rockydale rezoning petitions before you and to ask that the petitions be tabled for 90 days. The RNA objects to the petitions before you in particular the petition to modify the Southern Hills Neighborhood Plan. We object for the following reasons. 1) Communication. The RNA consistently and overwhelmingly continues to hear from citizens that the administration and Council of Roanoke do not adequately inform and involve citizens in the decision making process. The petitions before you have not been adequately advertised to citizens so as to give a fair opportunity for citizens to participate and make their views known. The most glaring example is that the Planning Departments Request for Comments on the petitions arrived at the Southern Hills Neighborhood Council on December 15, 2004 with a December 20, 2004 deadline for written comment thereby giving the neighborhood organization 5 days to respond. We submit that this is inadequate. 2) Process. The RNA submits that the standard being utilized to determine adequate notice of proposed changes to the Neighborhood Plan is severely inadequate and attempts to establish a notification precedent without input from the neighborhoods of Roanoke. The Planning Departments position that using the state code requirement of notifying adjoining property owners is sufficient notification of intent to modify a neighborhood plan is strongly opposed by the RNA. Whereas a spot rezoning may only require the notification of adjoining property owners, the modification of a neighborhood plan, we submit, requires the notification of all residents within the area covered by the neighborhood plan to be modified. Additionally, RNA strenuously objects to Planning's intention to permanently link the spot rezoning of any property within the city to a mandated and automatic modification of the neighborhood plan overseeing the property to be rezoned. In closing, RNA believes a Neighborhood Plan CNHP) needs to be modified by the entire neighborhood rather than piecemeal by special interests. RNA takes no position on the merits of Rockydale's request. However, because the proposed changes considerably rewrite the neighborhood plan and because neighborhood plans are supposed to be a collaborative effort between the city and residents, RNA requests that the Planning Commission make no decisions on Rockydale requests until Southern Hills residents are given an opportunity to review all proposed changes in conjunction with the community's current neighborhood plan. Enacted and taken together, the cumulative effect of these changes will be to transform the essential focus of the neighborhood from that of one envisioned by the creators of its NHP to that of one pushed by economic special interests that in essence rewrites the neighborhood plan without including the affected residents. MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, V'~rginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ci.roanoke.va.us STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk February 9, 2005 Blair H. Northen, Jr. Consulting Engineer Plantation Pipe Line Company 2901 Woodwin Road Doraville, Georgia 30360 Dear Mr. Northen: I wish to acknowledge receipt of your communication under date of February 4, 2005, addressed to the Members of Roanoke City Council with regard to the proposed rezoning and expansion of Rockydale Quarries Corporation. Please be assured that a copy of your communication has been forwarded to the Members of Council and to the City Manager for their information. With kindest regards, I am Sincerely, Mary F. Parker, CMC City Clerk MFP:ew pc: The Honorable Mayor and Members of the Roanoke City Council Martha P. Franklin, Secretary, City Planning Commission PLANTATION PIPE LINE COMPANY SERVING THE SOUTHEAST SINCE 1940 February 4, 2005 10.2.2.3.22, Sect 14-B., ROW ll&12, RK-Exxon Roanoke County, Virginia Rockydale Quarry Expansion PPL Co. R/W Conflict Mayor and Members of Roanoke City Council C/o Mary F Parker, City Clerk Municipal Building, Room 456 215 Church Avenue, S.W. Roanoke, Virginia 24011 Representatives from Plantation Pipe Line Company attended the rezoning heating on January 20, 2005 for the expansion of the Rockydale stone quarry in Roanoke Virginia. During this meeting they voiced some concern for the integrity of our eight inch high pressure petroleum products pipeline that is within the area of the proposed expansion. Kenny Baliles, Plantation's local representative and I met with Mr. David Willis at the quarry on Tuesday, February 1, 2005 to review the expansion plans and to discuss pipeline safety issues. We also visited the proposed construction area and discussed the possible impacts of their operations on Plantation's pipeline. As a result of this meeting and review of the proposed plans, Plantation is confident that the quarry expansion will have no negative impact upon our operations or the integrity of the pipeline. We will closely monitor the work as it progresses and the quarry owners have agreed to keep Plantation informed of any changes in their plans. We also plan to monitor the blasting operation once it commences to insure there is no detrimental impact on our facilities. Plantation has no objection to the project as proposed. If additional information is required, please contact me at (770) 751-4109 or E-Mail Blair_Northen~KingerMorgan.com. Respectfully, Blair H Northen, Jr., P.E. Consulting Engineer 2901 WOODWIN ROAD, DORAVILLE, GEORGIA 30360 L.Y, GROVE, CHAIRMAN 2003 RUSSELL AVE., S.W. P.O. BOX 13725 ROANOKE. VIRGINIA24036 February 16,2005 PHONE 540-342-3175 ,,, FAX 540-342-3177 www.oei-rw, com Mayor and Members of Roanoke City Council c/o Mary F. Parker, City Clerk Municipal Building, Room 456 215 Church Avenue, S.W. Roanoke, VA 24011 Lady and Gentlemen: This is to respectfully ask for your support of Rockydale Quarries request to expand the area of their operation. Specifically, while asking for this approval, there are a number of positive results that will affect Roanoke City and the entire valley: Insure a very positive tax base for an additional twenty years Continue employment for 52 persons and add others as needed Continue employing sub-contractors and contract haulers No cost to the city in tax exemptions, etc. for this expansion No use of services~water, sewer, trash pick-up, etc. Ten acres reserved for conservation Rockydale is owned by the Willis family who have lived in the city since the early 1900's and have operated the quarry for the past seventy-seven years. Also they have been involved in the growth and development of our valley this entire time. As a person who has run a business in Roanoke City for over fifty years, I think this request is very positive and will help all of us by supporting our existing businesses and provide for further growth in economic development. Thank you, Lucian Y. Grove FRALIN AND WALDRON, INC. February 15, 2005 Mayor and Members of Roanoke City Council c/o Mary F. Parker, City Clerk Municipal building, Room 456 215 Church Avenue, S.W. Roanoke, Va. 24011 Re: ROCKYDALE QUARRY PETPTION FOR REZONING 50 ADDITIONAL ACRES TO HEAVY MANUFACTURING Dear Honorable Mayor Nelson and City Counsel Members: I am the President of Fralin & Waldron, Inc., and am writing in support of the above-referenced rezoning request, submitted by Rockydale Quarry. Rockydale has been a long standing commercial entity in the Roanoke Valley for 77 years, and has done business with Fralin & Waldron, Inc. since our inception in 1962. They have always been hard working, efficient, courteous and competitive in the market. Mining of aggregate is essential and inevitable to all construction activities, and this rezoning affords the opportunity to extend the life of a well run facility, which will in turn provide a continued tax base to Roanoke City while not requiring any expenditure of City tax dollars. Not to mention that extending the life of Rockydale's Roanoke location is a good and practical land and resource conservation measure. I encourage you to approve this request for the betterment of a well respected business, as well as a benefit to the Roanoke area. Thank you. Sincerely, Andrew C. Kelder~ President ACK/nlm Cc: David Willis P.O. Box 20069 · 2917 PENN FOREST BOULEVARD, S.W. * ROANOKE, VIRGINIA 24018-0503 · TELEPHONE 540 774-4415 · FAX 540 774-4582 RECEIVED FEB 1 ? 2005 MAYOR'S OFFICE 9020 Quioccasin Road Suite J Richmond, VA 23229 February 16, 2005 Hon. C. Nelson Harris, Mayor and Members of City Council CITY OF ROANOKE 452 Municipal Building 215 W. Church Avenue, SW Roanoke, VA 24011 Re: Rockydale Quarries Corporation Dear Mayor Harris and Members of City Council: I write this letter as the principal owner of The Summit at Roanoke Apartments, a quality apartment complex located in the City of Roanoke immediately adjacent to a portion of the property which Rockydale Quarries Corporation is seeking to have rezoned. I write this letter with some trepidation, but I feel it is necessary in light of the proceedings which have taken place in Rockydale Quarries' application process This letter is being delivered prior to the City Council meeting, as we will not be able to have representatives available at the City Council meeting to make a presentation. Rockydale's applications were filed with the City of Roanoke on December 2, 2004. I received notice of the filing of the application through counsel shortly thereafter. I had retained counsel approximately a year ago, after having been made aware of Rockydale's intentions. Rockydale did provide to me two letters, one dated February 21, 2003 and one dated October 24, 2004, in which they advised that they were developing plans for expansion of the quarry operation and offering to meet with me to discuss the plans. At that point, I felt that it was not necessary to meet with them unless and until the plan had been finally developed and presented. As an individual with some experience in ownership and development of property, I understand that plans are changed constantly until final submission. Thus, until Rockydale's plans were finalized, I did not feel it imperative to meet with them to discuss the same. However, I felt that once the plans were submitted, I should be afforded an opportunity, as an adjoining property owner, to review the proposal and have professionals review the same. Thus, once the plan was finally presented, my counsel contacted counsel for Rockydale and requested that the matter be deferred to afford me an opportunity to hire appropriate experts to review Rockydale's proposal. Rockydale responded that they would not continue the matter before the Planning Commission and felt that it was imperative to proceed immediately. The matter was heard by the Planning Commission at its meeting on January 20, 2005. Counsel appeared on my behalf and made an oral presentation in addition to providing a letter dated January 13, 2005 summarizing my request for a continuance. A copy of that letter is attached hereto. In addition to my request for a continuance, other adjoining property owners, as well as three citizen groups and the owner of the pipeline crossing the Rockydale property, appeared before the Planning Commission and requested that the matter be continued to give them an opportunity to review the proposal. The neighborhood groups indicated that they were not aware of the entire proposal until several days before the Planning Commission meeting and they had no opportunity to review and study the submission. The adjoining property owners indicated likewise. The owner of the gas pipeline indicated that they were not aware of the rezoning request until several days before the Planning Commission meeting and they further asked for a continuance in order to evaluate the potential impact of Rockydale's request on the pipeline. Counsel for Rockydale provided a letter to the Planning Commission dated January 20, 2005 stating that the owner of The Summit at Roanoke met with Rockydale representatives approximately two years ago and discussed Rockydale's expansion plans. The letter further states that Rockydale made offers to meet with me on several occasions. However, as stated above, it was my opinion that until the final proposal had been put together, any such meeting would not be of any benefit unless and until the final plan was presented. In this case, after two years of developing the proposal, Rockydale presented the final plan and then asked the Planning Commission to act within forty-five days. This simply did not give me or others potentially affected an opportunity to reasonably evaluate the plan. My reasons for the request for a continuance were set forth in the January 13, 2005 letter, attached hereto, and those reasons have not changed. We have made continued efforts to retain an engineer who would review the plan but, as a result of the Planning Commission's brusque action in brushing off our request for a continuance, no engineer could adequately review the plan within the timeframe allowed. Under the circumstances, I do not think that my request for a continuance was in any form inappropriate. In fact, I have been advised by my representatives that the matter immediately prior to the Rockydale issue on the Planning Commission agenda on December 20, 2004, was continued as a result of several issues which, in my opinion, are in no way more important as the potential issues raised by Rockydale's application. My representatives advise me that the Planning Commission seemed intent on proceeding ahead and approved Rockydale's request in spite of my request for a continuance, the request of an adjoining property owner, the request of three neighborhood civic associations, and the request of the pipeline company. All of those involved have issues that need to be reviewed and developed. A forty-five day period from the time of the filing of the application until the Planning Commission meeting, especially with the Christmas and New Year holidays involved, simply did not afford a reasonable opportunity for me, and the others who had questions, to investigate the matter. I am not necessarily opposed to Rockydale's application. I simply want to ensure what impacts it will have on my property. My major concerns are the impacts that the proposed development will have in the way as to damage of my property as a result of noise, dust and physical damage to the structures themselves. Tenants at the Summit have called 911 on at least one occasion as a result of blasting which the tenant thought was an earthquake. My maintenance man was on the roof of one of the buildings on another occasion when blasting occurred and it almost knocked him off of the roof. There have been other occasions when the blasting has caused concern among the residents. However, a review of the City Staff Report finds that the Staff is relying on the studies prepared by the Petitioner and has done little if any independent investigation of the situation. In a zoning matter which has the significant impacts on properties which this rezoning has, it would appear to me that it would be beneficial and imperative for the City to address those issues to ensure that no impact will occur. The net effect to me is that the rezoning may very well significantly affect my ability to rent apartments adjacent to the subject property. This is especially true if any of my concerns relating to noise, dust and physical damage as a result of blasting turn out to be true. I do not believe that the City Staff adequately investigated these facts. A review of the Staff Report, I think, supports my position in that there is no indication that the City has reviewed the matter independently of Rockydale's studies. If damage occurs to my property, I will certainly look to hold someone accountable for the damage. That is not what I desire. I would much rather make sure before the rezoning takes place so that we would not be trying to rectify a problem, but ensuring that no problem exists. I would, therefore, request that the matter be deferred by City Council and/or sent back to the Planning Commission for further consideration in order to afford me and the others who have questions regarding this issue to do further research and study. This is a development that will have significant impact on the adjoining properties for an extended period of time. I do not think that our request for a sixty-day deferral/continuance in order to evaluate those potential impacts on the adjoining properties is unreasonable. I have a significant investment in the apartment complex and I want to ensure that Rockydale's proposal will cause no damage to my property. An independent evaluation of Rockydale's request does seem to be appropriate and it would further seem to be necessary in order for the City to determine from an independent source that there will be no negative impact on adjoining properties from this development. Therefore, I would once again request that the matter be deferred and/or returned to the Planning Commission in order to allow me and the others involved to do the necessary investigation to ensure that our properties will not be negatively impacted by the Rockydale proposal. In my opinion, that is one of the necessary criteria in any rezoning application and I humbly request that I be afforded this opportunity. Sincerely, Arthur Havens pc~ Maryellen F. Goodlatte, Esq. Glenn Feldman Darby & Goodlatte P. O. Box 2887 Roanoke, VA 24001 Edward A. Natt Please reply to: P. O. Box 20487 Roanoke, VA 24018 Direct: (540) 725-8'180 Fax: (540) 774-0961 E-mail: enatt@opnlaw.com 0$TERHOUDT, PRILLAM~kN, NATT, HELSCHER, YOST, MAXWELL & FERouso , PLC (540) 08o-oooo January 13, 2005 RECEIVED HAND DELIVERED Chairman and Members of the Planning Commission CITY OF ROANOKE 166 Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT Re: Application of Rockydale Quarries Corporation Dear Chairman and Members: Our firm has been retained by The Summit at Roanoke Apartments, LLC, the owner of property adjacent to the property which is the subject of the above rezoning request, to represent their interests in this rezoning request. It is my understanding that Rockydale filed two Applications with the City of Roanoke on December 2, 2004. The first request was to rezone a number of parcels of land to HM (Heavy Manufacturing District) and RA (Residential Agricultural District). The second request was to vacate, discontinue and close certain streets within the City. My client is an adjoining property owner to Rockydale. The purpose of this letter is to respectfully request that the matter be continued for a period of sixty (60) days. I will outline in this letter what has transpired prior to and since the filing of the Zoning Application, as well as the reasons for this continuance request. I would respectfully ask that this request be granted. Prior to the filing of the Application, representatives of Rockydale had, over a period of time, let it be known to my client that they were considering the filing of an Application for rezoning in order to expand the quarry. They offered to meet with my client and explain the proposal to them. My client's feeling, at that time, was that it was seriously concerned about the request but, until the details of the request were actually set out, meetings to discuss the rezoning request would not be beneficial. I think it is fair to say that my client was and still is seriously concerned about the proposal but, Chairman and Members -~ the Planning Commission CITY OF ROANOKE January 13, 2005 Page 2 of 4 until the details were set forth, would not be able to appropriately evaluate the situation and express its concerns. Thus, no formal meetings were held. Shortly after December 2, 2004, we learned of the filing of the Zoning Application. I obtained copies of the Application from the City of Roanoke. I contacted Maryellen Goodlatte, counsel for Rockydale, to discuss the matter with her. She offered an opportunity for her client to sit down with my client and explain its proposal. At that point, my client's concern was to determine what effect the proposed rezoning would have on its property. I advised them that they needed to obtain an expert in order to evaluate the specific proposal in order to be able to respond to issues and concerns relating to the rezoning which my client had, such as noise, dust and potential damage to their property based upon the operations of Rockydale. My client then attempted to locate, through Civil Engineers, some qualified expert in order to review and evaluate the Rockydale proposal. We have contacted various entities in Virginia, North Carolina, West Virginia and Ohio in order to attempt to employ an expert. All of our efforts have been unsuccessful. The impression we got from each of these contacts was that they would not want to get involved in evaluating such a project on behalf of the adjoining property owners because of their relationship with quarry operations throughout the region. All of our efforts to secure an expert to properly evaluate this situation have met with no success. I then contacted Maryellen Goodlatte and requested that she contact Rockydale to see if Rockydale would be willing to continue the matter for sixty (60) days so that my clients could continue in their efforts to locate an expert to properly evaluate the proposal. Ms. Goodlatte contacted her client and then advised me that her client would not voluntarily agree to a continuance for this purpose. Thus, my clients have no other option but to specifically request that the Planning Commission grant the continuance. As the Members of the Planning Commission know, I frequently represent petitioners for rezoning within the City. I know, from past history, that petitioners want to expeditiously proceed with their rezoning requests and do not like to accept the possibility of a continuance. However, I also fully acknowledge that the Planning staff and the Planning Commission have, on many occasions, requested or approved continuances in order for all of the facts to be developed and presented before the Commission so that the Commission and City Council may make an informed decision. I understand and acknowledge that it is very easy for someone to appear before the Planning Commission and say that they don't like a specific project and that it will have a negative and an adverse impact on their property. We could certainly do that in this case, but the request for a continuance is so that my client can attempt to find someone to properly evaluate the proposal on our behalf. Thus, we would be able to Chairman and Member,o -~ the Planning Commission CITY OF ROANOKE January 13, 2005 Page 3 of 4 appear before the Commission and City Council and give specific details as to our objections (if any). This seems to be a fair and equitable proposal in order to ensure that all of the facts are properly presented to the Planning Commission; not just the facts as presented by Rockydale. Our expert, if are able to find one, may indicate that there would be negative impacts or there may not be negative impacts to my client's property. We would simply like that opportunity. I realize that Rockydale is a very important asset to the City of Roanoke. It has been a long-standing corporate entity and has provided many benefits to the City. However, my client has developed an apartment complex of two hundred fifty units with an assessed value of $10,500,000.00. This is a significant piece of property in the City of Roanoke. As an adjoining property owner, my client obviously has the right to be concerned about the effects of a rezoning of the adjoining parcel of land, no matter who the owner of that property may be. I certainly understand and respect Rockydale's desire to go forward. However, Rockydale has been, according to my clients, developing this project for a period of several years. Thus, it does not appear to me that a 60-day continuance would adversely affect Rockydale when, in fact, this proposal would provide for the use of the quarry for a period well in excess of twenty (20) years. The 60-day period would afford my client the continued opportunity to find an expert who could review the physical aspects of Rockydale's proposal and supply factual information as to whether or not it has an adverse effect, and to what extent, on my client's property. My client would agree that if we cannot find an expert who can provide a report within the 60-day period, we would request no further continuances and we would simply have to go forward with whatever information we can find on our own in that time period. We have had the specific proposal before us for only approximate!y forty (40) days. That includes the Christmas and holiday season when many people are not available. In light of the City's policy to try and get all of the relevant information before it and afford all persons an opportunity to present their case (with appropriate documentation and evidence), the request for the 60-day continuance is in order. Unfortunately, I will be out of town on the date of the Planning Commission meeting and will not be available. However, one of my associates will be present at the meeting in order to further explain this request for a continuance. I would hope that the Planning Commission, in the sense of providing everyone an opportunity to present facts, would grant this request for a continuance. Chairman and Memberr Planning Commission CITY OF ROANOKE January 13, 2005 Page 4 of 4 'f the EAN/csb pc: pc: Respectfully, OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, P.L.C. Edward A. Natt Maryellen F. Goodlatte, E~sq. Glenn Feldman Darby & Goodlatte P. O. Box 2887 Roanoke, VA 24001 Mr. Eric Humphrey Summit at Roanoke 4500 Franklin Road Roanoke, VA 24014 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times .................................. + ....................... GLENN, FELDMANN, DAR PO BOX 2887 ATTN: MARYELLEN GOOD ROANOKE VA 24001 REFERENCE: 80025065 05043027 NOTICEOFPUBLICHEARIN State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of V'r in.a. S~,orn and subscribed before me this 1of February 2005. Witness my hand and seal. ~!,,~/~ (~ '~/"~"~'./~ ~.,~" Notary P2~_blic My/commission ex~lz~._~ ~_~ ; /_~_/_~___. PUBLISFED ON: 02/04 02/11 TOTAL COST: 364.32 flO11CE OF I~IUC IIFJIRING I TO W'gll fT NAY CONCBN: Pursuant to the provlsiG~s of Article VII of Chapter 36,1, Code of the City of Roanoke (1979), as ~mended, the Council of the City of Roanoke will hold ~ Public HeaHng on Tuesday, February 22, 2005, at 7:00 p.m., ~n the Council Chamber In the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., on the question of rezonthg from R$-1, Residential Single Family District, RS*3, FILED ON: _02~11/05 ................................................................. Authorize 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 Tuesday, February 22, 2005, at 7:00 p.m., in the Council Chamber in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., on the question of rezoning from RS-l, Residential Single Family District, RS-3, Residential Single Family District, and C- 1, Office District, to HM, Heavy Manufacturing District, and rezoning from HM, Heavy Manufacturing District, to RA, Residential Agricultural District, subject to certain proffers, the following properties: Those 62.4277 acres, more or less, consisting of 15 tracts of land located along Franklin Road, Old Rocky Mount Road, Welcome Valley Road and Van Winkle Road, S.W., and bearing Official Tax Nos. 5380106, 5380107, 5380108, 5380123, 5380110, 5380125, 5390110, 5390117, 5390109, 5390108, 5390106, 5390105, 4530202, 4530203, and 4530205. 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, February 17, 2005. GIVEN under my hand this 2nd day of February ,2005. Mary F. Parker, City Clerk. K \NOTICES\N REZO-ROCKYDALE 022205 DOC Notice to Publisher: Publish in the Roanoke Times once on Friday, February 4, 2005 and Friday, February 11, 2005. 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, Esquire Glenn, Feldmann, Darby & Goodlatte P. O. Box 2887 Roanoke, Virginia 24001-2887 (540) 224-8018 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, V'n,ginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ ci.roanoke.va.us STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistanl City Clerk February 8, 2005 File #51-424-514 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 public hearings for Tuesday, February 22, 2005, at 7:00 p.m., or as soon thereafter as the matters 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 following requests of Rockydale Quarries Corporation: (1) A petition requesting amendment of the Southern Hills Neighborhood Plan, a component of Vision 2001-2020, the City's Comprehensive Plan, to accommodate a recent boundary line adjustment and other changes in the text of the Plan. (2) A petition to rezone 62.4277 acres, more or less, consisting of 15 tracts of land located along Franklin Road, Old Rocky Mount Road, Welcome Valley Road and Van Winkle Road, S. W., Official Tax Nos. 5380106, 5380107, 5380108, 5380123, 5380110, 5380125, 5390110, 5390117, 5390109, 5390108, 5390106, 5390105, 4530202, 4530203, and 4530205, from RS-l, Residential Single- Family District, RS-3, Residential Single-Family District, and C-1, Office District, to HM, Heavy Manufacturing District, and from HM, Heavy Manufacturing District, to RA, Residential Agricultural District, subject to certain conditions proffered by the petitioner. Maryellen F. Goodlatte, Attorney February 8, 2005 Page 2 (3) A petition to permanently vacate, discontinue and close that portion of Draper Road from its intersection with U. S. 220 North (Franklin Road) to its terminus at Old Rocky Mount Road; that portion of Old Rocky Mount Road from its terminus on the westerly side of Official Tax No. 5370109, north to a distance of ].032.66 feet to Official Tax No. 5370].06; and that portion of Welcome Valley Road from its intersection with Old Rocky Mount Road east to an approximate distance of ].30.00 feet along Official Tax No. 5390].].0. For your information, I am enclosing copy of reports of the City Planning Commission and notices of public hearing. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 540-853-243].. Questions with regard to City Planning Commission reports should be directed to the Department of Planning, Building and Development at 540-853- 1730. It will be necessary for you, or your representative, to be present at the February 22 public hearings. Failure to appear could result in a deferral of the public hearings until a later date. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosure C:hMyFilcshVly Documcnts~.ttorneys m~d Adjoining Propcrty Ownets3.doc MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE 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.u s February 8, 2005 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk File #51-424-514 The Branch Family LLC Western Virginia Water Authority Summit at Roanoke Apts., LLC Ms. Stacy Ann Lucas Mr. and Mrs. Gary W. Critzer Mr. and Mrs. Kenneth A. Muncy America Electric Power Mr. and Mrs. Russell C. Etter Trustees of the New Hope Christian Church Ms. Margaret B. Young S. R. Draper Paving Company Mr. Joe B. Helms, Jr. Mr. and Mrs. Frank E. Wilson Mr. and Mrs. David M. Derrow Mr. and Mrs. Conrad R. Altizer Ms. Janice S. Latham Mr. and Mrs. Edward C. Kennedy Mr. W. H. Radford Ms. Deborah W. Cassell Mr. and Mrs. William R. Divers Campbell Heirs Cemetery Mr. and Mrs. KennethW. Wilson Old Heritage Corporation Blue Ridge Parkway 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 public hearings for Tuesday, February 22, 2005, at 7:00 p.m., or as soon thereafter as the matters 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 requests of Maryellen F. Goodlatte, Attorney, representing Rockydale Quarries Corporation, with regard to the following: (1) A petition requesting amendment of the Southern Hills Neighborhood Plan, a component of Vision 2001-2020, the City's Comprehensive Plan, to accommodate a recent boundary line adjustment and other changes in the text of the Plan. C:~VlyFiles~vly Documents~At~omeys and Adjoining Propevzy Owners3.dec Interested Property Owners and/or Adjoining Property Owners February 8, 2005 Page 2 (2) A petition to rezone 62.4277 acres, more or less, consisting of 15 tracts of land located along Franklin Road, Old Rocky Mount Road, Welcome Valley Road and Van Winkle Road, S. W., Official Tax Nos. 5380106, 5380107, 5380108, 5380123, 5380110, 5380125, 5390110, 5390117, 5390109, 5390108, 5390106, 5390105, 4530202, 4530203, and 4530205, from RS-l, Residential Single-Family District, RS-3, Residential Single-Family District, and C-1, Office District, to HM, Heavy Manufacturing District, and from HM, Heavy Manufacturing District, to RA, Residential Agricultural District, subject to certain conditions proffered by the petitioner. (3) A petition to permanently vacate, discontinue and close that portion of Draper Road from its intersection with U. S. 220 North (Franklin Road) to its terminus at Old Rocky Mount Road; that portion of Old Rocky Mount Road from its terminus on the westerly side of Official Tax No. 5370109, north to a distance of 1032.66 feet to Official Tax No. 5370106; and that portion of Welcome Valley Road from its intersection with Old Rocky Mount Road east to an approximate distance of 130.00 feet along Official Tax No. 5390110. The City Planning Commission is recommending that Council approve the above referenced requests. If you would like to receive acopyofthe reports 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 any of the above referenced matters, please call the Department of Planning, Building and Development at 540-853-1730. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew C:~VlyFiles~My Documents~.ttomeys and Adjoining Property Owners3.dcc MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853 1145 E-maih clerk @ ci.roanoke.va.us STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk December 7, 2004 File #51 Robert B. Manetta, Chair City Planning Commission 2831 Stephenson Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Marietta: I am enclosing the following petitions from Maryellen F. Goodlatte, Attorney, representing Rockydale Quarries Corporation: (1) A petition requesting amendment of the Southern Hills Neighborhood Plan to: accommodate the boundary line adjustment between the City of Roanoke and the County of Roanoke; and to make necessary changes to recognize the upcoming expansion of Rockydale Quarries Corporation. (2) A petition to rezone 62.4277 acres consisting of 15 tracts of land located along Franklin Road, Old Rocky Mount Road, Welcome Valley Road and Van Winkle Road, S. W., from C-1, Office District, RS-1, Residential Single-Family District, RS-3, Residential Single-Family District, and HM, Heavy Manufacturing District, with vacated streets, to HM, Heavy Manufacturing District, and PA, Residential Agricultural District, subject to certain conditions proferred by the petitioner. L:\C LERK~I)ATA\CKEW 1 ~EZON lNG AND STREET CLOSURE~Rezonings - Street Alley Closure 05XIanuary 05~ock'ydale Quarries Corporation.doc Robert B. Manetta December 7, 2004 Page 2 (3) A petition requesting that Draper Road from its intersection with U. S. 220 North (Franklin Road) to its terminus at Old Rocky Mount Road; Old Rocky Mount Road from its terminus on the westerly side of Official Tax No. 5370109, north to a distance of 1032.66 feet to Official Tax No. 5370106; and Welcome Valley Road from its intersection with Old Rocky Mount Road east to an approximate distance of 130.00 feet along Official Tax No; 5390110, be permanently vacated, discontinued and closed. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosures pc: The Honorable Mayor and Members of the Roanoke City Council Maryellen F. Goodlatte, Attorney, Glenn, Feldmann, Darby and Goodlatte, P. O. Box 2887, Roanoke, Virginia 24001-2887 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 L:\CLERK~DATA\CKEW 1 hRP-ZONING AND STREET CLOSUREh~zonings ~ Street Alley Closure 05k January 05~ock~dale Quarries Co~oration.dt~c 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, January 20, 2005, at 1:30 p.m., or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., to consider the following: 1. Request from Rockydale Quarries Corporation, represented by Maryellen F. Goodlatte, attorney, that properties located on Franklin Road, S.W., Old Rocky Mount Road, S.W., Welcome Valley Road, S.W., and Van Winkle Road, S.W., bearing Official Tax Nos. 5380106, 5380107, 5380108, 5380123, and 5380110; zoned C-1, Office District; Official Tax No. 5380125, zoned RS-l, Residential Single Family District; and Official Tax No. 5390110, 5390117, 5390109, 5390108, 5390106,and 5390105, zoned RS-3, Residential Single Family District, be rezoned to HM, Heavy Manufacturing; and Official Tax Nos. 4530202, 4530203, 4530205, zoned HM, Heavy Manufacturing District, be rezoned to RA, Residential Agricultural District, such rezoning to be subject to certain conditions proffered by the petitioner. Request from Rockydale Quarries Corporation, represented by Maryellen F. Goodlatte, attorney, that the Southern Hills Neighborhood Plan, a component of Vision 2001-2020, the City's Comprehensive Plan, be amended to accommodate a recent boundary line adjustment and other changes in the text of the plan. 3. Request from Rockydale Quarries Corporation, represented by Maryellen F. Goodlatte, attorney, that the following streets be permanently vacated, discontinued and closed: a. Draper Road from its intersection with U.S. 220 North Franklin Road) to its terminus at Old Rocky Mount Road; b. Old Rocky Mount Road from its terminus on the westerly side of tax parcel no. 5370109 traveling north approximately 1032.66 feet to Official Tax No. 5370106; and c. Welcome Valley Road traveling east from its intersection with Old Rocky Mount Road for approximately 130 feet along Official Tax No. 5390110. A copy of the applications are 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 853-1 730 before 12:00 noon on the Monday before the date of the hearing listed above. Martha P. Franklin, Secretary City of Roanoke Planning Commission Please print in newspaper on Tuesday, January 4 and 11,2005 Please bill: Maryellen F. Goodlatte, Esq. Glenn, Feldmann, Darby & Goodlatte 210 1~' Street, S.W., Suite 200 P O Box 2887 Roanoke, VA 24001-2887 (5640) 224-8018 Send affidavit of publication to: Martha P. Franklin, Department of Planning Building & Development Room 166, Municipal Building, 215 Church Avenue, $.W. Roanoke, VA 24011 (540) 853-1730 GLENN FELDMANN DARB¥ GOODLATIT. 210 Ist Street S~ Suite 200 Post Office Box 2887 Roat~oke, Virginia 24001 540 2248000 Fax 5402248050 gfdg@gfdg.com December 2, 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, Room 166 215 Church Avenue, S.W. Roanoke, Virginia 24011 Re: (a) (b) (c) Petition seeking amendment of the Southern Hills Neighborhood Plan; Petition rezoning fifteen (15) tracts of land lying and being in the City of Roanoke, Virginia, along Franklin Road, Old Rocky Mount Road, Welcome Valley Road and Van Winkle Road, from C-l, RS-l, RS-3 and HM to HM and RA; and Petition seel(lng the vacation of Draper Road, and portions of Old Rocky Mount Road and Welcome Valley Road Dear Andrew: On behalf of Rockydale Quarries Corporation, we enclose the following for filing: An original and two copies of a Petition, with all exhibits attached thereto, seeking amendment of the Southern Hills Neighborhood Plan; An original and two copies of a Petition, with all exhibits attached thereto, requesting that fifteen (15) tracts of land located in the City of Roanoke, Virginia, be rezoned from C-l, RS-l, RS-3 and HM to HM and RA; An original and two copies of a Petition, with all exhibits attached thereto, seeking the vacation of Draper Road, and portions of Old Rocky Mount Road, and Welcome Valley Road; 1954 ~e~¢~t~, ~ear~ ~ ~:~e~ 2004 GLENN FELDMANN DARBY GOODLATI'E Mr. Andrew Warren December 2, 2004 Page 2 4. Full-size copies of the plans: Concept Plan (HM Development Plan) (6); Master Plan (6); Quarry Development Plans (Years I, 5, 10, and 20) (6); Landscape Plans (4); and 5. Our firm's check in the amount of $2,975.00 to cover the filing fees ($2,875.00 for the rezoning petition and $100.00 for the street vacation petition). Thank you for all of your assistance throughout this process. If you have any questions or need further information, please do not hesitate to call me. Very truly yours, Maryellen F. Goodlatte MFG:lnh:5069000 Enclosures CC; ~MOCkydale Quarries Corporation (w/encs.) s. Mary F. Parker (w/encs.) MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 45 6 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ ci.roanoke.va.us STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk January 31, 2005 File #51 Richard A. Rife, Chair City Planning Commission 1326 Grandin Road, S. W. Roanoke, Virginia 24015 Dear Mr. Rife: I am enclosing copy of an amended petition under date of January 31,2005, from Maryellen F. Goodlatte, Attorney, representing Rockydale Quarries Corporation in connection with rezoning 62.4277 acres consisting of 15 tracts of land located along Franklin Road, Old Rocky Mount Road, Welcome Valley Road and Van Winkle Road, S. W., from C-1, Office District, RS-l, Residential Single-Family District, RS-3, Residential Single-Family District, and HM, Heavy Manufacturing District to HM, Heavy Manufacturing District (52.9044 acres), and RA, Residential Agricultural District (9.5233 acres), subject to certain conditions proffered by the petitioner. ~t~rSincerely' Mary F. Parker, CMC City Clerk MFP:ew Enclosures K:\REZONING AND STREET CLOS URE~R~zonings - Slre~t All~y Closure 05~Ianuary 05~first attended Rocleydale Qua~ies Corporation.d~c Richard A. Rife January 31, 2005 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Maryellen F. Goodlatte, Attorney, Glenn, Feldmann, Darby and Goodlatte, P. O. Box 2887, Roanoke, Virginia 24001-2887 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 K:~EZ-ON lNG AND STREET CLO$~ings - Slrcct Alley Clostgc 05~Janua~y 05~first amended Rockydalc Quarries Corporation.doc GLENN FELDMANN DARBY GOODLATTE 210 Ist Street SW Suite 200 Post Office Box 2887 Roanoke, Virginia 24001 540.2248000 Fax 5402248050 gfdg~gfdg.com January31,2005 MARYELLEN F. GOODLATTE Direct Dial (540) 224-8018 E-mail mgoodlatte~gfdg corn HAND DELIVERED Ms. Martha Franklin Roanoke City Planning Commission Municipal Building, First Floor 215 Church Avenue, S.W., Room 162 Roanoke, Virginia 24011 Re: Rockydale Quarries Corporation Petition rezoning fifteen (15) tracts of lm~d lying and being in the City of Roanoke, Virginia, along Franklin Road, Old Rocky Mount Road, Welcome Valley Road and Van Winkle Road, from C-l, RS-l, RS-3 and HM to HM and RA Dear Martha: We enclose an original and two copies of the Amended Petition with all exhibits attached thereto for the above-referenced rezoning. If you have any questions or need further information, please do not hesitate to call me. Very truly yours, Maryellen F. Goodlatte MFG:lnh:5069000 Enclosures cc: Rockydale Quarries Corporation (w/encs.) ~,/Ms. Mary F. Parker (w/encs.) (HAND DELIVERED) IN THE COUNCIL OF THE CITY OF ROANOKE~ VIRGINIA Rezoning 62.4277 acres consisting of fifteen (15) tracts of land lying and being in the City of Roanoke, Virginia, along Franklin Road, Old Rocky Mount Road, Welcome Valley Road and Van Winkle Road and briefly described as: Tax Parcel Current Requested No. Address Zoning Zoning Acreage 5380106 Franklin Road C-1 HM 28.9030 5380125 Franklin Road RS-1 ItM 9.0240 5380107 4659 Old Rocky Mount Road C-1 HM 1.00 5380108 4643 Old Rocky Mount Road C-1 HM .4197 5380123 4639 Old Rocky Mount Road C-1 HM .4526 5380110 4555 Old Rocky Mount Road C-1 HM 5.1727 5390110 4259 Welcome Valley Road RS-3 HM 1.4678 5390117 Old Rocky Mount Road RS-3 HM 2.1127 5390109 Old Rocky Mount Road RS-3 HM 1.4003 5390108 Old Rocky Mount Road RS-3 HM 1.8328 5390106 4628 Old Rocky Mount Road RS-3 HM 1.0089 5390105 Van Winkle Road RS-3 HM .1099 4530202 Welcome Valley Road HM RA 1.4543 4530203 4134 Welcome Valley Road HM RA 4.1852 4530205 4096 Welcome Valley Road HM RA 3.8838 from C-1 (Office District), RS-1 (Residential Single-Family District), RS-3 (Residential Single-Family District), and HM (Heavy Manufacturing District) as noted above together with vacated streets to HM (Heavy Manufacturing District) (52.9044 acres) and RA (Residential Agricultural District) (9.5233 acres) as noted above, and such rezoning to be subject to certain conditions. PETITION TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Rockydale Quarries Corporation ("Rockydale") owns all the properties which are the subject of this rezoning petition. Said tracts are currently zoned either C-1 (Office District), RS-1 (Residential Single-Family Disthct), RS-3 (Residential Single-Family District) or HM (Heavy Manufacturing District), as individually identified above. A map of the properties to be rezoned is attached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, Rockydale requests that the following properties be rezoned from their present zoning districts as noted above to HM (Heavy Manufacturing District): 5380106, 5380125, 5380107, 5380108, 5380123, 5380110, 5390110, 5390117, 5390109, 5390108, 5390106, and 5390105 (the "HM Property"). Rockydale further requests that the following properties be rezoned from HM (Heavy Manufacturing District) to RA (Residential Agricultural District): 4530202, 4530203, and 4530205 (the "RA Properly"). Such rezonings shall, however, be subject to certain conditions set forth below for the purpose of facilitating the expansion of Rockydale while protecting, through buffering and the down-zoning of those parcels already zoned HM (Heavy Manufacturing District), the adjoining properties. The concept plan prepared by Lumsden Associates, P.C., dated November 22, 2004, and attached hereto as Exhibit B (the "HM Development Plan") shows the proposed use of the HM Property. The concept plan prepared by Lumsden Associates, P.C., dated July 26, 2004, and attached hereto as Exhibit C (the "RA Development Plan") shows the use of the RA Property. A master plan prepared by Lumsden Associates, P.C., dated November 22, 2004 and attached hereto as Exhibit D (the Master Plan) shows ail of the properties which comprise Rockydate Quarries, including those already zoned HM which zoning designation will not change. 2 Since 1943, Rockydale has operated a quarry on a south facing limestone slope of the Blue Ridge Mountains. The site creates employment for 52 people and yields various types of sand and stone for construction and agricultural purposes (including base stone for roads, manufacture of asphalt, concrete, cinderblock, precast, erosion control, landscaping, lawn and garden, buildings, brick manufacture, roofing, fertilizer manufacture, smelting, septic and sewer systems, etc.). Over those years, Rockydale has seen many changes to the area. These include the expansion of the City of Roanoke boundary, including the 2004 boundary line adjustment (resulting in all of the properties comprising the Rockydale Quarries site being entirely located within the jurisdictional boundaries of the City of Roanoke), upgrading of U.S. 220 to the quatry's west border, the addition of the Blue Ridge Parkway along the quarry's south border, and the building of the Fishburn Parkway through its lands. Rockydale currently has 120 acres zoned and under permit for mining. Of this acreage, approximately 112 acres are disturbed. Since Rockydale first began production, it is estimated that over 50 million tons of rock has been excavated from the site. At the present production rate of 1.2 million tons per year, the reserves of the currently zoned site will be depleted in approximately 20 years. By expanding the excavated area of the quarry by approximately 35%, the life of the quarry is projected to double to 40 years, without any increased intensity of operations. Rockydale, the only active mine site in Roanoke City and Roanoke County, will be able to continue to produce the raw materials required by the Roanoke market. Rockydale is regulated by a host of state and federal agencies including the Virginia Department of Mines, Minerals and Energy (DMME), the U. S. Mine Safety and Health 3 Administration (MSHA), the Virginia Department of Environmental Quality, the Bureau of Alcohol, Tobacco and Firearms, and the Environmental Protection Agency. The approximate limits of the quarry pit over the next 20 years are illustrated on maps attached as Exhibits E (after 1 year), F (after 5 years), G (after 10 years) and H (after 20 years). The quarry pit boundaries will be extended to the northwest, eventually involving approximately 35 additional acres of land (the quan'y pit extension being located within tax parcel number 5380106, 5380107 and 5380125). This will necessitate a number of secondary actions, including the addition of new sediment basins, additional stockpile in overburden areas, relocation of the quarry office, scale house and utilities, realignment of a short segment of Welcome Valley Road, signalization of Old Rocky Mount Road at the Outback Steakhouse restaurant, the vacation of a portion of Old Rocky Mount Road (south of tax parcel number 5370106) and the vacation of Draper Road. The vacation of Draper Road, and portions of Old Rocky Mount Road and Welcome Valley Road is requested in a companion petition filed this day. Also filed this day is a request to amend the Southern Hills Neighborhood Plan, which has been incorporated into Vision 2001-2020, the City's Comprehensive Plan. The just completed boundary line adjustment between Roanoke City and Roanoke County brought tax parcel number 5380125 zoned RS-1 (Residential Single-Family District) within the jurisdictional boundaries of the City of Roanoke. This additional acreage, now part of the City of Roanoke, needs to be incorporated into the Southern Hills Neighborhood Plan as does the recognition of Rockydale's expansion. Rather than utilizing those portions of Rockydale's 4 property already zoned HM (Heavy Manufacturing District) for new mining activity (i.e. tax parcels number 4530202, 4530203, and 4530205 located along Welcome Valley Road) Rockydale believes that all interests are better served by expanding the quarry's operations westward rather than northeastward. Expanding westward permits Rockydale to down-zone those parcels along Welcome Valley Road (tax parcels number 4530202, 4530203, and 4530205) in order to retain their pastoral character for not only the neighbors but for all those traveling along the Blue Ridge Parkway and the Fishburn Parkway, which overlooks tax parcels number 4530202, 4530203, and 4530205. Additionally, Rockydale intends to place a conservation easement on said properties to provide further protection for said parcels beyond that afforded by zoning. Rockydale believes that utilizing tax parcel number 5380106, 5380107 and 5380125 for the expansion of its quarry pit with tax parcels number 5380108, 5380123, 5380110, 5390110, 5390117, 5390109, 5390108, 5390106, and 5390105 being used to support said quarry expansion, coupled with the down-zoning of tax parcels number 4530202, 4530203, and 4530205 will further the intent and purposes of the City's zoning ordinance and its Comprehensive Plan. Rockydale hereby proffers and agrees that if these said tracts are rezoned as requested, that the rezoning will be subject to, and that it will abide by, the following conditions: 1. The properties being rezoned from RS-1 (Residential Single-Family District), C-1 (Office District), and RS-3 (Residential Single-Family District) to HM (Heavy Manufacturing District) (the "HM Property") will be developed in substantial conformity with the HM Development Plan prepared by Lumsden Associates, P.C., dated November 22, 2004, a copy of which is attached to this petition as Exhibit B, subject to any changes required by the City and subject to changes required by federal or state agencies having regulatory control over Rockydale including the Virginia Department of Mines, Minerals and Energy. 2. The property to be rezoned from HM (Heavy Manufacturing District) to RA (Residential Aghcultural District) (the "RA Property") will be developed in substantial conformity with the RA Development Plan prepared by Lumsden Associates, P.C., dated July 26, 2004, a copy of which is attached to this petition as Exhibit C. 3. The RA Property will not be further developed but shall remain pastoral. This will not, however, prevent the construction of a barn or other facilities needed to properly care for the horses located on the RA Property. To that end, the only permitted uses which shall be allowed on the RA Property shall be (a) single family detached dwellings and (b) stables which are accessory to a single family detached dwelling provided a minimum of two (2) acres is provided for each horse in the stable. 4. No permanent processing equipment will be placed on the HM Property. 5. Blasting operations on the HM Property will be carried out no earlier than 9:00 a.m. and no later than 4:00 p.m. Monday through Friday (except that where federal or state safety rules dictate that blasting scheduled prior to 4:00 p.m. be completed after 4:00 p.m., the 4:00 p.m. deadline shall be extended in order to comply with safety regulations). Normal quarry production on the HM Property will occur between 7:00 a.m. to 6:00 p.m. Monday through Friday, and 7:00 a.m. to 12:00 noon Saturday. In the event, however, that a public emergency or the failure of road, railroad, dam or similar infrastructure requires emergency 6 repair(s), blasting operations and quarry production on the HM Property may be extended to meet the requirements associated with said emergency. 6. In its operations on the HM Property, Rockydale will limit ground vibration from blasting for all shots to one-half of the limits allowable under current Virginia Department of Mines, Minerals and Energy regulations or the regulations of its successor agency, a copy of which regulations are attached hereto as Exhibit I. 7. Earthen berms will be constructed, vegetated and planted with trees for visual and acoustical mitigation as shown on the Rockydale Quarry Expansion Planting Areas plan ("HM Landscape Plan") prepared by Hill Studio, dated December 1, 2004, a copy of which is attached to this petition as Exhibit J-l, J-2, and J-3 subject to any changes required by federal or state agencies having regulatory control over Rockydale including the Virginia Department of Mines, Minerals and Energy. No full scale production on the HM Property will occur prior to establishment of all necessary sediment and erosion control structures, placement of screening berms with their associated stabilization as shown on the HM Landscape Plan, and the erection of a perimeter fence around the proposed quarry pit. To allow sufficient time for trees to mature, minerals on the northeasterly side of the slope to be quarried shall be extracted in general conformity with the timelines illustrated on maps attached as Exhibits E, F, G, and H. 8. A wheel wash station will be located so as to require all loaded vehicles to pass through it before entering onto public roads. By separate application, Rockydale has requested that Draper Road and portions of Old Rocky Mount Road and Welcome Valley Road be vacated, discontinued and closed. Rockydale requests that the portions of said roads for which vacation is sought be also zoned HM (Heavy Manufacturing District) subject to all the conditions hereinabove proffered. Attached as Exhibit K are the names, addresses and tax numbers of the owners of all lots or properties immediately adjacent thereto, immediately across a street or road from the property to be rezoned. WHEREFORE, Rockydale Quarries Corporation requests that the above-described tracts be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this day of December, 2004. Respectfully submitted, Rockydale Quarries Corporation Of~2ounsel 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 8 Rockydale Quarhes Corporation, a Virginia corporation, owner of the property subject to this petition, hereby consents to this petition, including the voluntary proffers contained herein. ROCKYDALE QUARRIES CORPORATION ~ts: · b/ LUMSDEN ASSOCIATES, P.C. ENGINEERS-SURVEYORS-PLANNERS ROANOKE, ¥[RGiNIA 0 0 > LUMSDEN ASSOCIATES, P.C. ENGI NEERS-SURVEYORS-PLANNERS P.o. ROANOKE, VIRGINIA 0 © 0 LUMSDEN ASSOCIATES, P.C. YEAR 1 PLAN LUMSDEN ASSOCIATES, P.C. ENGINEERS-SURVEYORSPLANNERS ROANOK~,¥1RGIN{A YEAR - 5 PLAN LUMSDEN ASSOCIATES, P.C. ,~,~,~o~^,,~.~, mo~f:(s~,,,~,,, YEAR - 10 PLAN LUMSDEN ASSOCIATES, P.C. YEAR 20 PLAN LUMSDEN ASSOCIATES, P.C. E NG I NE g RS-SURVE YOP~S-PLA N NE P~S ROANOKE, VIRGINIA CONSERVATION AND NATURAL RESOURCES 4 VAC 25.40-770 Editor's Note This section addressed control measures for employee exposure to contaminants. 4 VAC 25-40-760. Silica compounds. Silica sand or other materials containing more than 1.0% free silica shall not be used in abrasive cleaning equipment unless exposed persons are provided with self-contained respiratory equipment. Statutory Authority §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia. Historical Notes Derived from VR480-05-1.2 § 5.5; eft. July 19, 1989. 4 VAC 2540-770. Employee exposure to noise limits. Except for surface mines which are inspected by MSHA, employee exposure to noise shall not exceed the federal limit adopted for mineral mines. If exposure exceeds the federal limit, the director may require the mine operator to employ feasible engineering and administrative control measures. Opera- tors shall provide hearing protection upon request. Statutory Authority §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia. Historical Notes Derived from VR480-05-1.2 § 5.6; eft. July 19, 1989. Amended, Virginia Register Volume 14, Issue 17, eft. July 1, 1998. Effect of Amendment The July 1, 1998 amendment added the exception in the first sentence, and changed "noncoal" to "mineral" in the first sentence, and added the third sentence. PART VI ExPLOSIVES--SURFACE AND UNDERGROUND 4 VAC 25-40-780. 4 VAC 25-40-790. 4 VAC 25-40-800. 4 VAC 25-40-810. 4 YAC 25-40-820. 4 VAC 25-40-830. 4 VAC 25-40-840. 4 VAC 25-40-850. 4 VAC 25-40-860. 4 VAC 25-40-870. 4 VAC 25-40-880. 4 VAC 25-40-890. 4 VAC 25-40-895. 4 VAC 25-40-900. 4 VAC 25-40-910. 4 VAC 25-40-920. 4 VAC 25-40-930. Storage of explosive materials. Transportation. Use of explosives. Recordkeeping. Procedure where a misfire occurs during a blast. When traffic to be stopped. Mudcapping. Blasting near underground mines. Blasting near pipelines or electrical lines. Streams and watercourses. Ground vibration from blasting. Airblast limits. Lower vibration and airblast levels. Total weight of explosives. Seismic testing and evaluation. Electric detonators. Nonelectric blasting. 39 4 VAC 2540-780 VIRGINIA ADMINISTRATIVE CODE 4 VAC 25-40-780. Storage of explosive materials. A. Detonators and explosives, other than blasting agents, shall be stored in magazines accepted by the Institute of Makers of Explosives or other approved agency. B. Detonators shall not be stored in the same magazine with explosives. C. Explosives magazines shall be.' 1. Located in accordance with the American Table of Distances; 2. Detached structures located away from power lines, fuel storage areas, and other possible sources of fire; 3. Constructed substantially of noncombustible material or covered with fire-resistant material; 4. Reasonably bullet resistant; 5. Electrically bonded and grounded if constructed of metal; 6. Made of nonsparking material on the inside, including floors; 7. Provided with adequate and effectively screened ventilation openings near the floor and ceiling; 8. Kept locked securely when unattended; 9. Posted with suitable danger signs so located that a bullet passing through the sign will not strike the magazine; 10. Used exclusively for storage of explosives or detonators and blasting- related materials; 11. Kept clean and dry in the interior and in good repair; 12. Unheated, unless heated in a manner that does not create a fire or explosion hazard. Electrical heating devices shall not be used inside a magazine; and 13. Located at least 300 feet away from any underground mine opening, occupied building, public road, or private road not used in connection with the mine. D. An accurate inventory log of explosives stored in the magazine shall be maintained on site. E. Any theft or unaccounted loss of explosives shall be reported immediate- ly by telephone to local police, state police, the U.S. Department of Treasury Bureau of Alcohol, Tobacco and Firearms, and the Division of Mineral Mining. F. Smoking or open flames shall be prohibited within 50 feet of explosives magazines or blasting agents storage facilities. G. Areas surrounding magazines and facilities for the storage of blasting agents shall be kept clear of combustible materials, except live trees over 10 feet tall, for a distance of 50 feet in all directions. H. Prior to repairs of a magazine which may cause a fire or explosion, the contents shall be removed to a safe location and guarded. I. Explosives stored in magazines shall be: 4O taONSERVATION AND 1NATURAL I~ESOURCES 4 VAC 25--40-790 1. Arranged so that the oldest stock is used first; 2. Separated by brand and type; 3. Stored with their top sides up; and 4. Stacked in a stable manner not over eight feet high. J. When stored with other explosives, ammonium nitrate fuel oil blasting agents shall be physically separated to prevent contamination. K. Damaged or deteriorated explosives and blasting agents shall be de- stroyed in a safe manner by a certified blaster. Statutory Authority §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia. Historical Notes Derived from VR480-05-1.2 § 6.1; eft. July 19, 1980. Amended, Virginia Register Volume 14, Issue 17, eft. July 1, 1998. Effect of Amendment The July 1, 1998 amendment revised subsections A and D, and paragraphs C. 1 and C.10. 4 VAC 25-40-790. Transportation. A. Vehicles used to transport explosives shall be: 1. In good mechanical condition; 2. Posted with warning signs; 3. Provided with suitable fire extinguishers; 4. Provided with a nonsparking cargo area equipped with sides and tailgate; 5. Kept free of extraneous materials in the cargo area; 6. Operated at safe speeds over routes that expose the minimum number o£ personnel; and 7. Operated with the minimum number of persons required to safely transport the explosives. B. Explosives and detonators shall be transported in separate vehicles unless they are separated by four inches of hardwood or the equivalent. C. When explosives or detonators are transported by an electrically-pow- ered vehicle, the cargo area shall be electrically insulated and covered. D. Vehicles containing explosives shall not be left unattended or taken into a shop or building for any reason. E. No person shall smoke while transporting explosives. F. Explosives, detonators, or blasting agents shall not be transported on mantrips. G. Explosives and detonators shall be transported in substantial, noncon- ductive, closed containers. Containers shall not be stacked higher than the sides or tailgate of the vehicle. Statutory Authority §§ 45.1-161.3, 45.1-161.294 and 45.1-161.3Q5 of the Code of Virginia. 4 VAC 25--40-790 VIRGINIA ADMINISTRATIVE CODE Historical Notes Derived frown VR480-05-1.2 § 6.2; eft. July 19, 1989. Amended, Virginia Register Volume 14, Issue 17, eft. July 1, 1998. Effect of Amendment The July 1, 1998 amendment made grammatical changes. 4 VAC 25-40-800. Use of explosives. A. A certified blaster shall be in direct charge of blasting activities. B. Persons who assist in blasting activities shall be under the direct supervi- sion of thc certified blaster in charge and shall be alerted to the hazards involved. C. Black powder or safety fuse shall not be used without approval from the director. Special approvals shall specify use restrictions and procedures neces- sary for safe storage, transportation, and usc. D. The design and loading of a blast shall provide sufficient burden, spacing, and stemming to prevent flyrock or other dangerous effects. E. Borcholcs shall not bc drilled where there is a danger of intersecting a loaded or misfired hole. F. No person shall smoke or use an open flame within 50 feet of explosives or detonators. G. Prior to bringing explosives and detonators to the blast site: 1. Weather conditions shall be monitored to ensure safe loading and firing; 2. The blast sire shall be inspected for hazards; 3. The boreholes shall be inspected and cleared of obstructions; and 4. Personnel and equipment, except those used in loading the shot, shall be removed from the blast site. H. Boreholes to bc blasted shall be loaded as near to the blasting time as practical. Loaded shots shall be blasted as soon as possible upon completion of loading and connection to the initiation device. Surface blasting shall be conducted during daylight hours only. I. Explosives shall be kept a safe distance from detonators until they are made into a primer. J. Primers shall not be made up or assembled in advance of the borehole being loaded. K. Only wooden or other nonsparking implements shall be used to punch holes in an explosive cartridge. L. Detonators shall be inserted completely and securely into explosive cartridges used as primers. Priming shall be sufficient to detonate the explo- sive column in the borehole. M. Primers shall be inserted into thc boreholc slowly to prevent accidental detonation from impact, and tamping shall not be done directly on the primer. N. Tamping poles shall be constructed of wood and/or nonsparking materi- als. CONSERVATION AND NATURAL RESOURCES 4 VAC 25-40-810 O. Unused explosives, detonators, and blasting agents shall be returned to the magazine or storage facility upon completion of loading activities and prior to firing the blast. P. Equipment and machinery used to load or stem boreholes shall not be operated over loaded boreholes for any reason. Areas containing loaded boreholes shall be guarded or barricaded to prevent unauthorized entry. Q. Blast warning signals shall be established and posted at the mine. Audible Warning signals shall be given prior to firing a blast. R. All personnel shall be removed from the blast area prior to connection to the initiation device and the firing of a blast. S. Blasting personnel shall fire shots from a safe location. T. A post-blast examination of the blast area shall be made by the certified blaster in charge. Other personnel shall not return to the blasting area until an all clear signal is received from the certified blaster. Statutory Authority §§ 45.1-I§I.B, 45.1-1§1.904 and 45.1-1§1.$05 of the Code of Virginia. Historical Notes Derived from VR480-05-1.9 § 6.$; eft. July 10, 1080. Amended, Virginia Register Volume 14, Issue 17, eft. July 1, 1008. Effect of Amendment The July 1, 1008 amendment revised subsections C, H, N, R and T, and paragraph G.4. 4 VAC 25-40-810. Recordkeeping. A detailed record of each surfaCe blast shall be prepared immediately by the certified blaster. Records shall be maintained for three years and subject to inspection by the division mine inspectors. Records shall contain the following information: 1. Name of company or contractor; 9. Location, date, and time of blast; 3. Name, signature, and certification number of blaster in charge; 4. Type of material blasted; 5. Number of holes, burden and spacing; 6. Diameter, depth and condition ofboreholes; 7. Types of explosives used; 8. Total amount of explosives used; O. Maximum amount of explosives per delay period of eight milliseconds or greater; 10. Method of firing and type of circuit; I1. Direction and distance in feet to nearest dwelling house, public building, school, church, commercial or institutional building neither owned nor leased by the person conducting the blasting; 19. Weather conditions (including such factors as wind directions, etc.); 4 VAC 25--40-810 VIRGINIA ADMINISTRATIVE CODE 13. Height or length of stemming; 14. Whether mats or other protections were used; 15. Type of detonators used and delay periods used; 16. The person taking the seismograph reading shall accurately indicate exact location of seismograph, if used, and shall also show the distance of seismograph from blast; 17. Seismograph records, including seismograph readings, where re- quired: a. Name and signature of person operating seismograph; b. Name of person analyzing the seismograph record; and c. Seismograph reading; and 18. Maximum number of holes per delay period of eight milliseconds or greater. Statutory Authority §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia. Historical Notes Derived from VR480-05-1.2 § 6.4; cfi. July 19, 1989. Amended, Virginia Register Volume 14, Issue 17, cfi. July 1, 1998. Effect of Amendment ~ The July 1, 1998 amendment revised subsection 6, which had read, "Diameter and depth of holes;" and made punctuation changes. 4 VAC 25-40-820. Procedure where a misfire occurs during a blast. A. No person shall enter the blasting area for at least 15 minutes except in thc case of safety fuse where special approvals apply. B. Misfires shall be disposed of in a safe manner by the certified blaster. C. The blast area shall bc guarded or barricaded and posted with warning signs until thc misfire has been cleared. Statutory Authority §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of thc Code of Virginia. Historical Notes Derived from VR480-05-1.2 § 6.5; eft. July 19, 1989. Amended, Virginia Register Volume 14, Issue 17, cfi. July 1, 1998. Effect of Amendment Thc July 1, 1998 amendment madc technical and grammatical changes. 4 VAC 25-40-830. When traffic to be stopped. Prior to blasting near a mine haul road or public highway, traffic shall be stopped at a safe distance. Statutory Authority §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia. Historical Notes Derived from VR480-05-1.2 § 6.6; eft. July 19, 1989. CONSERVATION AND NATURAL RESOURCES 4 VAC 2540-880 Amended, Virginia Register Volume 14, Issue 17, eft. July 1, 1998. Effect of Amendment The July 1, 1998 amendment deleted the hyphen from "mine-haul". 4 VAC 25-40-840. Mudcapping. Mudcapping in blasting operations shall be permitted only where the driller would be in a hazardous position in attempting to drill the rock or material to be blasted. Statutory Authority §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia. Historical Notes Derived from VR480-05-1.2 § 6.7; eft. July 19, 1989. 4 VAC 25-40-850. Blasting near underground mines. When conducting surface blasting activities near an underground mine, advance notice of blasting shall be given to the underground mine operator by the certified blaster. Statutory Authority §§ 45.1-161.3, 45.1-161.294 and 45.1-16i.305 of the Code of Virginia. Historical Notes Derived from VR480-05-1.2 § 6.8; eft. July 19, 1989. 4 VAC 25-40-860. Blasting near pipelines or electrical lines. When conducting surface blasting activities within 300 feet of private pipe- lines or electrical transmission lines, advance notice of blasting shall be given to the owners of the pipeline or transmission lines by the certified blaster. Statutory Authority §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia. Historical Notes Derived from VR480-05-1.2 § 6.9; eft. July 19, 1989. 4 VAC 25 ~9-870. Streams and watercourses. Surface blasting shall be prohibited if effects are liable to change the course or channel of any stream without a variance issued by the director. Statutory Authority §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia. Historical Notes Derived from VR480-05-1.2 § 6.10; eft. July 19, 1989. Amended, Virginia Register Volume 14, Issue 17, eft. July 1, 1998. Effect of Amendment The July 1, 1998 amendment changed "division" to "director". 4 VAC 25'.40-880. Ground vibration from blasting. A. Ground vibration, measured as peak particle velocity resulting from blasting, shall not exceed the limits set forth below at any inhabited building 45 4 .VAC 25--40-880 VIRGINIA ADMINISTRATIVE CODE not owned or leased by the operator, without approval of the director. seismographic record shall be provided for each blast. Distance (D) to Peak Particle nearest inhabited Velocity, inches Ds (when not building, feet per second using a seismograph) A 0 - 300 1.25 50 301 - 5,000 1.00 55 5,001 and beyond 0.75 65 B. If seismic monitoring of each blast is not conducted, blasting shall be in accordance with the following scaled distance formulas: W = I~'s~2 DS=~w W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more. D = Distance in feet from the blast site to the nearest inhabited building not owned or leased by the mine operator. Ds = Scaled distance factor shown in table in subsection A of this section. C. The operator may use the alternatiVe ground vibration limits shown below to determine the maximum allowable ground vibration. If these limits are used, a seismographic record including both particle velocity and vibration frequency levels shall be kept for each blast. Ground vibration levels and airblast levels are taken from the Blasting Guidance Manual. 46 CONSERVATION AND NATURAl, RESOURCES 4 VAC 25-40-890 10.0 U _e o.? 0.6 OA 0,1 0.?$ in/sec 4 in/sec II 20 30 100 10.0 2.0 1.0 0.9 0.7 0.6 0.4 0.3 0.2 Blast Vibration Frequency, Hz Figure 1. Alternative blasting level criteria. (Source modified from figure B-1. Bureau of Mines R18507) Statutory Authority §§ 45A-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia. Historical Notes Derived from VR480-05-1.2 § 6.11; eft. July 19, 1989. Amended, Virginia Register Volume 14, Issue 17, eft. July 1, 1998. Effect of Amendment The July l, 1998 amendment ~substantially revised this section. 4 VAC 25-40-890. Airblast limits. Airblast resulting from surface blasting shall not exceed 129 decibels at any private building not owned or leased by the operator unless an alternate level based on the sensitivity of the seismograph microphone as specified below is being used. Lower Frequency Limit of Measuring System, in Hz Max. Level in dB (~dB) 1 Hz or lower--flat response* 2 Hz or lower--fiat response 6 Hz or lower--flat response C-weighted slow response 134 peak 133 peak 129 peak 105 peak dBC *Only when approved by the director. Statutory Authority §§ 45.1-161.3, 45.1-161.294 and 45.1-16i.305 of the Code of Virginia. 47¸ 4 VAC 25-40-890 VIRGINIA ADMINISTRATIVE CODE Historical Notes Derived from VR480-05-1.2 8 6.12; eft. July 19, 1989. Amended, Virginia Register Volume 14, Issue 17, eft. July 1, 1998. Effect of Amendment The July 1, 1998 amendment substantially revised this section. 4 VAC 25-40-895. Lower vibration and airblast levels, If necessary to prevent damage, the director may specify lower allowable ground vibration and airblast levels than those provided by 4 VAC 25-40-880 and 4 VAC 25-40-890. Statutory Authority 88 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia. Historical NOtes Derived from Virginia Register Volume 14, Issue 17, eft. July 1, 1998. 4 VAC 25-40-900. Total weight of explosives. The total pounds of exPlosives and blasting agents in any blast shall not exceed 40,000 pounds without the approval of the director. Statutory Authority 8§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia. Historical Notes Derived from VR480-05-1.2 8 6.13; eft. July 19, 1989. Amended, Virginia Register Volume 14, Issue 17, eft. July 1, 1998. Effect of Amendment The July 1, 1998 amendment changed "written approval of the division" to "approval of the director". 4 VAC 25 ~,9-910. Seismic testing and evaluation. Seismic testing and evaluation to determine compliance with blasting regula- tions shall: 1. Utilize acceptable instrumentation which measures ground vibration, airblast and vibration frequency when applicable; 2. Be conducted and analyzed by a qualified person; and 3. Be conducted whenever directed by the division. Statutory Authority 88 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code o£ Virginia. Historical Notes Derived from VR480-05-1.2 8 6.14; eft. July 19, 1989. Amended, Virginia Register Volume 14, Issue 17, eft. July 1, 1998. Effect of Amendment The July 1, 1998 amendment revised subsections 1 and 2. 4 VAC 25-40-920. Electric detonators. A. When electric detonators are used, an acceptable blaster's galvanometer or blaster's multi-meter shall be used t9 test detonators, firing lines, series circuits, and total circuit resistance prior to firing. 48 CONSERVATION AND NATURAL RESOURCES 4 VAC 25-40-930 B. Electric detonators of different brands shall not be used in the same blast. C. Except when being tested with an acceptable instrument: 1. Electric detonators shall be kept shunted until they are connected into the series circuit; 2. Series circuits shall be kept shunted until they are connected onto the firing line; and 3. Firing lines shall be kept shunted until immediately before blasting. D. Blasting machines or other acceptable power sources shall be suitable for the number of electric detonators to be fired and for the type of circuits to be used. E. When electric detonators are used, sources of stray current to the blasting area shall be de-energized. Blasting activities shall.be stopped immedi- ately if stray current or static electricity in amounts sufficient to cause a premature detonation are encountered. Statutory Authority §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia. Historical Notes Derived from VR480-05-1.2 § 6.15; eft. July 19, 1989. Amended, Virginia Register Volume 14, Issue 17, eft. July 1, 1998. Effect of Amendment The July 1, 1998 amendment changed "approved" to "acceptable" in subsection D, and made grammatical changes in subsection A. 4 VAC 25-40-930. Nonelectric blasting, A. When detonating cord manufactured with more than three grains per foot is used within 800 feet of inhabited buildings, not,owned or leased by the operator, trunk lines shall be covered with at least six inches of loose earth or other acceptable material. B. All detonating cord knots shall be tight and all connections kept at right angles to the trunk lines. C. Detonators and delay connectors shall not be attached to exposed detonating cord by the certified blaster until the blast area is cleared. D. Detonating cord blasting shall use a double trunk line or loop system to ensure complete detonation. E. Detonating cord trunk lines, in multiple row blasts, shall make one or more complete loops, with crossties between loops at intervals not more than 200 feet. F. When using a gas-charged initiation system, the certified blaster shall ensure that all components are fully charged prior to firing the blast. The blast area shall be cleared of personnel prior to charging the components. G. Shock tube and other nonelectric detonation systems shall be used in accordance with manufacturers' recommendations. 49 4 VAC 25-40-930 VIRGINIA ADMINISTRATIVE CODE Statutory Authority §8 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia. Historical Notes Derived from VR480-05-1.2 § 6.16; eft. July 19, 1989. Amended, Virginia Register Volume 14, Issue 17, eft. July 1, 1998. Effect of Amendment The July 1, 1998 amendment changed "blasting area" to "blast area" in subsections C and F, and in subsection A, changed "mine operator" to "operator", and added "or other acceptable material". PART VII DRILLING--SURFACE AND UNDERGROUND 4 VAC 25-40-940. 4 VAC 25-40-950. 4 VAC 25-40-960. 4 VAC 25-40-970. 4 VAC 25-40-980. 4 VAC 25-40-990. 4 VAC 25-40-1000. 4 VAC 25-40-1010. 4 VAC 25-40-1020. 4 VAC 25-40-1030. 4 VAC 25-40-1040. 4 YAC 25-40-1050. 4 VAC 25-40-1060. 4 VAC 25-40-1070. 4 VAC 25-40-1080. 4 VAC 25-40-1090. [Repealed]. Inspection of equipment prior to use. [Repealed]. Safe operation of drills. Drilling of boreholes. Drills to be attended. Storage of steel and tools. Moving vehicle-mounted drills. Power failures. Hands to be kept clear. Clothing. Boreholes. Moving handheld drills. Handling of boulders. Walls or benches. Rotary jet piercing equipment. 4 VAC 25-40-940. [Repealed] Statutory Authority 8§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia. Historical Notes Derived from VR480-05-1.2 § 7.1; eft. July 19, 1989; repealed, Virginia Register Volume 14, Issue 17, eft July 1, 1998. Editor's Note This section provided for inspection of drilling area for hazards. 4 VAC 25-40-950. Inspection of equipment prior to use. Drillers shall inspect their equipment prior to use. Equipment defects affect- ing safety shall be reported to the certified foreman. Statutory Authority 8§ 45.1-161.3, 45.1461.294 and 45.1-161.305 of the Code of Virginia. Historical Notes Derived from VR480-05-1.2 § 7.2; eft. July 19, 1989. 50 MIXED EVERGREEN TREES PI MIXED GRASSES AND GROUNDCOVERS O~ 30* BERM:' MIXED EVERGREEN TREE~ MIXED OECIDUOUS TREES ON W~LCOME VALLEY ROAD MIXED GRASSES AND GROUNDCOVER$ ON SLOPE FACING QUARRY *NOTE: AREA WILL BE PLANTED ACCORDING 1, O DMME RECCOMEN[IATIONS o~ Z LU LU LU LU C~ ILl X LU 0 Z 0 z LU UJ X I.U IJJ~ Z I.i. : UJ I.IJ I.u I-- MIXED GRASSES ) EVERGREEN TREES (TYP.) QUARRY *NOTE: AREA WILL BE PLANTED ACCO TO DMME REQUIREMENTS ,~o HSPC #0246 12/01/2004 ADJOiNiNG PROPERTY OWNERS TO Tax Map No. 5380106 Tax Map No. 5380107 Tax Map No. 5380108 Tax Map No. 5380123 Tax Map No. 5380110 Tax Map No. 5380125 Tax Map No. 5390110 Tax Map No. 5390117 Tax Map No. 5390109 Tax Map No. 5390108 Tax Map No. 5390106 Tax Map No. 5390105 Tax Map No. 4530202 Tax Map No. 4530203 Tax Map No. 4530205 Franklin Road, S.W. (28.9030 Acres) 4659 Old Rocky Mount Road, S.W. (1.00 Acres) 4643 Old Rocky Mount Road, S.W. (0.4197 Acres) 4639 Old Rocky Mount Road, S.W. (0.4526 Acres) 4555 Old Rocky Mount Road, S.W. (5.1727 Acres) Franklin Road, S.W. (9.0240 Acres) 4259 Welcome Valley Road, S.W. (1.4678 Acres) Rocky Mount Road, S.W. (2.1127 Acres) Old Rocky Mount Road, S.W. (1.4003 Acres) Old Rocky Mount Road, S.W. (1.8328 Acres) 4628 Old Rocky Mount Road, S.W. (1.0089 Acres) Van Winkle Road, S.W. (0.1099 Acres) Welcome Valley Road, S.E. (1.4543 Acres) 4134 Welcome Valley Road, S.E. (4.1852 Acres) 4096 Welcome Valley Road, S.E. (3.8838 Acres) ROANOKE CITY PROPERTIES Tax Map Number Owners/Addresses 5380105 The Branch Family LLC 4552 Franklin Road, S.W. Roanoke, VA 24014 5380121 4530206 5380104 5380111 5460120 5460128 5390107 5390104 5390116 5460109 5390113 5370101 5370114 Western Virginia Water Authority 2012 S. Jefferson Street, Suite 200 Roanoke, VA 24014 Summit at Roanoke Apts., LLC 4333 Edgewood Road, N.E. Cedar Rapids, Iowa 52499 Stacy Ann Lucas 3946 Welcome Valley, S.E. Roanoke, VA 24014 Gary W. Critzer Judy L. Critzer 4531 Narrows Lane, S.W. Roanoke, VA 24014 Kenneth A. Muncy Malinda L. Muncy 1005 Boon Bernard Drive Boones Mill, VA 24065 American Electric Power (formerly Appalachian Power) 215 Church Avenue, S.W., Room 250 Roanoke, VA 24011 Russell C. Etter Patsy A. Etter 4542 Old Rocky Mount Road, S.W. Roanoke, VA 24014 Trustees of the New Hope Christian Church 4229 Welcome Valley Road Roanoke, VA 24014 Margaret B. Young Trustees of First Union National Bank of Virginia 4737 Barclay Square Roanoke, VA 24018 5370102 5370103 5370104 5370107 5370108 4530101 5390204 5390203 5390202 5370105 4530201 4530102 4530103 4530104 4530105 4530106 Rockydale Quarries Corporation P. O. Box 8425 Roanoke, VA 24014 S. R. Draper Paving Company 4742 Old Rocky Mountain Road, S.W. Roanoke, VA 24014 Joe B. Helms, Jr. 3775 Bandy Road, S.E. Roanoke, VA 24014 Frank E. Wilson Elmira M. Wilson 4125 Welcome Valley Road, S.E. Roanoke, VA 24014 David M. Derrow Mary V. Derrow 4117 Welcome Valley Road, S.E. Roanoke, VA 24014 Conrad R. Altizer Janet R. Altizer 4111 Welcome Valley Road, S.E. Roanoke, VA 24014 Janice S. Latham 4101 Welcome Valley Road, S.E. Roanoke, VA 24014 Edward C. Kennedy Jacqueline C. Kennedy 4097Welcome Valley Road, S.E. Roanoke, VA 24014 4530107 W. H. Radford 4091 Welcome Valley Road, S.E. Roanoke, VA 24014 4530108 Deborah W. Cassell 4077 Welcome Valley Road, S.E. Roanoke, VA 24014 4530207 William R. Divers Mary H. Divers 4070 Welcome Valley Road, S.E. Roanoke, VA 24014 4530204 Campbell Heirs Cemetery 5512 Will Carter Lane Roanoke, VA 24014 Tax Map Number 088.09-01-03.00 088.13-01-09.00 ROANOKE COUNTY PROPERTIES Owner/Addresses Kenneth W. Wilson Melissa D. Lephew Wilson Route #1, Box 335 Elliston, VA 24087 Old Heritage Corporation P. O. Box 8425 Roanoke, VA 24014 Superintendent Attention: Gary Johnson Blue Ridge Parkway National Park Service U. S. Department of the Interior 199 Hemphill Knob Road Asheville, NC 28803-8686 Note: Maps attached to the Petition were too large to scan. See actual file. MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE 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, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk February 25, 2005 File #514 Maryellen F. Goodlatte, Attorney Glenn, Feldmann, Darby & Goodlatte P. O. Box 2887 Roanoke, Virginia 24001 Dear Ms. Goodlatte: I am enclosing copy of Resolution No. 36981-022205 permanently vacating, discontinuing and closing that portion of Draper Road from its intersection with U. S. 220 North (Franklin Road) to its terminus at Old Rocky Mount Road; that portion of Old Rocky Mount Road from its terminus on the westerly side of Official Tax No. 5370109, north to a distance of 1032.66 feet to Official Tax No. 5370106; and that portion of Welcome Valley Road from its intersection with Old Rocky Mount Road east to an approximate distance of 130.00 feet along Official Tax No. 5390110. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 22, 2005, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosure Maryellen F. Goodlatte February 25, 2005 Page 2 pc: The Branch Family LLC, 4552 Franklin Road, S. W., Roanoke, Virginia 24014 Western Virginia Water Authority, 2012 S. Jefferson Street, Suite 200, Roanoke, Virginia 24014 Summit at Roanoke Apts., LLC, 4333 Edgewood Road, N. E., Cedar Rapids, Iowa 52499 Ms. Stacy Ann Lucas, 3946 Welcome Valley Road, S. E., Roanoke, Virginia 24014 Mr. and Mrs. Gary W. Critzer, 4531 Narrows Lane, S. W., Roanoke, Virginia 24014 Mr. and Mrs. Kenneth A. Muncy, 1005 Boon Bernard Drive, Boones Mill, Virginia 24065 America Electric Power, P. O. Box 2021, Roanoke, Virginia 24022 Mr. and Mrs. Russell C. Etter, 4542 Old Rocky Mount Road, S. W., Roanoke, Virginia 24014 Trustees, New Hope Christian Church, 4229 Welcome Valley Road, S. E., Roanoke, Virginia 24014 Margaret B. Young, Trustees of First Union National Bank of Virginia, 4737 Barclay Square, Roanoke, Virginia 24018 Rockydale Quarries Corporation, P..O. Box 8425, Roanoke, Virginia 24014 S. R. Draper Paving Company, 4742 Old Rocky Mountain Road, S. W., Roanoke, Virginia 24014 Joe B. Helms, Jr., 3775 Bandy Road, S. E., Roanoke, Virginia 24014 Mr. and Mrs. Frank E. Wilson, 4125 Welcome Valley Road, S. E., Roanoke, Virginia 24014 Mr. and Mrs. David M. Derrow, 4117 Welcome Valley Road, S. E., Roanoke, Virginia 240].4 Mr. and Mrs. Conrad R. Altizer, 4111 Welcome Valley Road, S. E., Roanoke, Virginia 24014 Ms. Janice S. Latham, 4101 Welcome Valley Road, S. E., Roanoke, Virginia 24014 Mr. and Mrs. Edward C. Kennedy, 4097 Welcome Valley Road, S. E., Roanoke, Virginia 24014 Mr. W. H. Radford, 4091 Welcome Valley Road, S. E., Roanoke, Virginia 24014 Deborah W. Cassell, 4077 Welcome Valley Road, S. E., Roanoke, Virginia 24014 Mr. and Mrs. William R. Divers, 4070 Welcome Valley Road, S. E., Roanoke, Virginia 24014 Campbell Heirs Cemetery, Clarence W. Simmons, 5605 Franklin Road, S. W., Roanoke, Virginia 24014 Mr. and Mrs. Kenneth W. Wilson, Route 1, Box 335, Elliston, Virginia 24087 Maryellen F. Goodlatte February 25, 2005 Page 3 pc: Mr. and Mrs. Kenneth W. Wilson, Old Heritage Corporation, P. O. Box 8425, Roanoke, Virginia 24014 GaryJohnson, Superintendent, Blue Ridge Parkway, National Park Service, U. S. Department of the Interior, 199 Hemphill Knob Road, Asheville, North Carolina 28803-8686 Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer Richard A. Rife, Chair, City Planning Commission, 1326 Grandin Road, S. W., Roanoke, Virginia 24015 Martha P. Franklin, Secretary, City Planning Commission 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of February, 2005. No. 36981-022205. AN ORDINANCE permanently vacating, discontinuing and closing certain public fights-of- way in the City of Roanoke, Virginia, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. WHEREAS, Rockydale Quarries Corporation 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 rights-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 February 22, 2005, 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 rights-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 rights-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public rights-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That portion of Draper Road from its intersection with U.S. 220 North (Franklin Road) to its terminus at Old Rocky Mount Road; that portion of Old Rocky Mount Road fi.om its terminus on the westerly side of tax parcel number 5370109 traveling north a distance of 1032.66 feet to tax parcel number 5370106; and that portion of Welcome Valley Road from its intersection with Old Rocky Mount Road traveling east an approximate distance of 130.00 feet along tax parcel number 5390110 be, and are hereby permanently vacated, discontinued and closed, upon the meeting of all of the conditions set forth in this ordinance, 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 rights-of-way as of the effective date of closure, 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 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 rights-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 rights-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that closure of the subject rights-of-way shall be subject to the following three (3) conditions: 1. Applicant shall, at its sole expense, realign the intersection of Welcome Valley Road with Old Rocky Mount Road as approximately shown on the plat labeled Exhibit B-3, attached to the petition filed in the Office of the City Clerk on December 2, 2004, subject to review and approval by the City of Roanoke; 2. Applicant shall, at its sole expense, signalize the intersection of Old Rocky Mount Road with U. S. 220 (Franklin Road), subject to those requirements as may be imposed by the Virginia Department of Transportation and/or the City of Roanoke; and 3. Applicant shall, at its sole expense, relocate public utilities within the vacated portions o fOld Rocky Mount Road, Draper Road and WelcomeValley Road as required by the City of Roannke and the affected utilities and Authority. 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 othe~vise be landlocked by the requested closure, or otherwise disposing of the land within the rights-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way, and showing the realignment of Welcome Valley Road, referenced above. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all of the conditions in this ordinance, 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 3 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 all of the above conditions, including the various filing requirements, are met, the closure shall be effective upon the filing of the subdivision plat identified above. BE IT FURTHER ORDAINED that if the above conditions have not been met by February 22, 2010, then this ordinance shall be null and void with no further action by City Council being necessary. BE IT FINALLY ORDAINED that pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. City Clerk. 4 Architectural Review Bnard Board of Zoning Appeals Planning Commission CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540)853-1730 Fax: (540)853-1230 E-mail: planning @ ci.roanoke, va.us February 22, 2005 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 Rockydale Quarries Corporation, represented by Maryellen F. Goodlatte, attorney, that the following streets be permanently vacated, discontinued and closed: (1) Draper Road from its intersection with U.S. 220 North (Franklin Road) to its terminus at Old Rocky Mount Road; (2) Old Rocky Mount Road from its terminus on the westerly side of tax parcel no. 5370109 traveling north approximately 1032.66 feet to Official Tax No. 5370106; and (3) Welcome Valley Road traveling east from its intersection with Old Rocky Mount Road for approximately 130 feet along Official Tax No. 5390110. Planning Commission Action: Planning Commission public hearing was held on Thursday, January 20, 2005. By a vote of 6-0 (Mr. Williams absent), the Commission recommended approval of the requested closures. Background: The petitioner is requesting these street vacations to allow for ex pansion of its facilities. This petition is concurrent with a rezoning petition and an amendment to the Southern Hills Neighborhood Plan. A boundary adjustment between the City of Roanoke and Roanoke County, involving Official Tax Map No. 5381025 was effective on November 1, 2004, which incorporated all of the petitioner's land within the City. The boundary adjustment also included Draper Road, formerly in Roanoke County. petitioner's land within the City. The boundary adjustment also included Draper Road, formerly in Roanoke County. Staff stated that the issue of the vacation requests was discussed concurrently with the rezoning request petition by the same petitioner. Staff informed the Planning Commission that the conditions for the request were unique; the petitioner would have five years to fulfill the conditions. Mr. Nick Ammar of Wetherington, Melchionna, Terry, Day, and Ammar appeared on behalf of his client, S.R. Draper Paving Company. He stated his client was asking for a 60 day continuance in order for Rockydale to consider alternatives that would not remove the access to Draper Road for Draper Paving Company customers. Mr. Ammar said that his client has used Draper Road for access from Route 220 for 60 years, and that its vacation would force them to use an inconvenient route. He said that his client was also concerned that placement of a traffic signal at the intersection of Old Rocky Mount Road and Route 220 might present a serious danger at the intersection because it would back up traffic along Route 220. Mr. Butler asked Mr. Ammar if his clients had discussed the concerns with the petitioner. Mr. Ammar said he thought there had been some discussions over a period of time, and that his client felt there were other alternatives to vacating Draper Road. Mrs. Goodlatte said that discussions were held over a long period of time between her client and Draper Paving, in which her client had hoped that Draper Paving would become part of the Rockydale campus. Mrs. Goodlatte advised that Draper Paving would have access to Route 220 and that access would be improved because of the traffic signal proposed for the intersection. She also said that the signal issue had been studied by Wilbur Smith and Associates and VDOT was convinced that a signal was warranted. Mrs. Goodlatte further stated that the truck traffic exiting the quarry would not have a signal, but the Draper Paving traffic would have a signal, improving their traffic pattern. Mr. Butler asked Mr. Ammar what a continuance would do to solve the objection. Mr. Ammar said that he thought it might allow his client time to reconsider the negotiation. He said that his client was concerned it had become essentially isolated. Considerations: The petitioner's properties that are currently in use are zoned HM, Heavy Manufacturing. The petitioner has also petitioned to rezone Official Tax Map Nos. 5380106, 5380125, 5380107, 5380108, 5380123, 5380110, 5390110, 2 5390117, 5390109, 5390108, 5390106, and 5390105 to HM, Heavy Manufacturing District. The petitioner's properties are ad.ioined by residential uses and a church on Welcome Valley Road. The petitioner has proposed the following uses of the vacated rights-of-way: · Draper Road: Draper Road will become a private means of ingress/egress for the petitioner · Old Rocky Mount Road: The vacated portion of Old Rocky Mount Road will be used as part of the petitioner's expansion. · Welcome Valley Road: The petitioner agrees to realign Welcome Valley Road and dedicate it to the City, after which the subject portion of right-of-way will be vacated. In addition to realigning Welcome Valley Road, the petitioner has agreed to install a traffic signal at Old Rocky Mount Road and U.S. Route 220. In doing so the petitioner will be required to follow the regulatory process in compliance with the VDOT standards. Public sewer and water serve the area. Staff received comments from the Western Virginia Water Authority, which advised that water and sewer lines are in the subject portion of Welcome Valley Road. The petitioner will be required to relocate these lines in conjunction with the realignment of Welcome Valley Road. Staff received comments from AEP and Roanoke Gas. The latter has facilities in the area and stated that it needs to maintain an easement on Old Rocky Mount Road. AEP staff has met with the petitioner to discuss relocation of its facilities with the expansion of the petitioner's operation. AEP has advised that it has no objection to the petitioner's request, provided that the petitioner agrees to relocate its facilities in a manner satisfactory to AEP's staff, and at the petitioner's expense. The Department of Real Estate Valuation assessed the value of the rights-of-way to be between $.25 and $.30 per square foot. The total value for all of the rights-of-way is between $25,103 and $30,121. The value for each street individually is: · Draper Road - $11,150 - $13,380 · Old Rocky Mount Road - $12,960 - $15,550 · Welcome Valley Road - $993 - $1,191 The petitioner, in conjunction with VDOT and Wilber Smith Associates, the petitioner's traffic engineers for the project, estimate the total cost of improvements at $272,500 based on the following: · Signalization of Old Rocky Mount Road - $185,000 · Realignment of Welcome Valley Road - $87,500 Recommendation: By a vote of 6-0, the Planning Commission recommends approval of the petitioner's request to vacate, discontinue and close the subject portions of rights-of-way, subject to the conditions listed be Iow and further recommends that the petitioner not be charged for these vacated rights-of-way due to the improvements that the petitioner will be required to provide and then dedicate to the City and VDOT. Prior to acquiring the said rights-of-way, the petitioner must fulfill the following at its sole expense: Realign the intersection of Welcome Valley Road with Old Rocky Mount Road as approximately shown on the plat labeled Exhibit B- 3, attached to the petition filed in the Office of the City Clerk on December 2,2004, subject to review and approval by the City of Roanoke; Signalize the intersection of Old Rocky Mount Road with U.S. Route 220 (Franklin Road), subject to those requirements as may be imposed by the Virginia Department of Transportation and/or the City of Roanoke; and Relocate public utilities within the vacated portions of Old Rocky Mount Road, Draper Road and Welcome Valley Road as required by the City of Roanoke and the affected utilities and authority. 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. 4 CC: Eo 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 by February 22, 2010, then said ordinance shall be null and void with no further action by City Council being necessary. Respectfully submitted, Richard A. Rife, Chairman City Planning Commission Darlene L. Burcham, City Manager RolandaJohnson, Assistant City Manager for Community Development William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Maryellen Goodlatte, Attorney for the petitioner 5 Street Closures: I Draper Rd, Old Rocky Mount Rd & Welcome Valley Rd, S.W. 5460 / 5460125 5460102 ' 5460~ ~ 5460~ ~ /5460~ 04, 546O101 5380114 ,/~,,5460107 546O103 53~0101 5380104 5380105 / 3~901 ( / 5380111 J /// 5380110 538O1O6 Draper Rd 5390113 53~0110 ~ Valley Rd ~ 539o202 Welcome 5370102 ~370101 ~xX. / 5370113 ~ 5370111 ~ 5370112 5370108 ~,~, 53801'~ ~ Old Rocky Mount Rd / IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Petition of Rockydale Quarries Corporation for vacation of the following streets: Draper Road from its intersection with U.S. 220 North (Franklin Road) to its terminus at Old Rocky Mount Road; Old Rocky Mount Road from its terminus on the westerly side of tax parcel number 5370109 traveling north a distance of 1032.66 feet to tax parcel number 5370106; and Welcome Valley Road from its intersection with Old Rocky Mount Road traveling east an approximate distance of 130.00 feet along tax parcel number 5390110. PETITION TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: Petitioner, Rockydale Quarries Corporation ("Rockydate") applies to have the following streets and roads permanently vacated, discontinued and closed, pursuant to Virginia Code § 15.2-2006, as amended and § 30-14, Code of the City of Roanoke (1979), as amended: Draper Road fi.om its intersection with U.S. 220 North (Franklin Road) to its terminus at Old Rocky Mount Road; Old Rocky Mount Road from its terminus on the westerly side of tax parcel number 5370109 traveling north a distance of 1032.66 feet to tax parcel number 5370106; and Welcome Valley Road fi.om its intersection with Old Rocky Mount Road traveling east an approximate distance of 130.00 feet along tax parcel number 5390110. The streets to be vacated are more particularly described on Exhibit A. Plats showing the requested vacations are attached hereto as Exhibit B-1 (Draper Road), B-2 (Old Rocky Mount Road), and B-3 (Welcome Valley Road). Rockydale is the owner of property on both sides of Draper Road affected by this petition. Rockydale is the owner of property on both sides of Old Rocky Mount Road to its point of vacation affected by this petition. Rockydale is the owner of property on both sides of Welcome Valley Road to its point of vacation. Rockydale desires to use the property to be vacated as follows: (a) Draper Road will continue to be a right-of way, but it will be private, rather than public, serving as the exclusive means of ingress and egress for truck traffic using the quarry (except for Draper Paving, which will continue to have access on the public portion of Old Rocky Mount Road); (b) the vacated portion of Old Rocky Mount Road will be used in connection with the quarry operations of Rockydale as more fully described in the rezoning petition filed by Rockydale this day; and (c) the vacated portion of Welcome Valley Road will be included within the 30' earthen landscaped berm being constructed by Rockydale to mitigate views, as more fully described in the rezoning petition filed by Rockydale this day, and as illustrated on the Rockydale Quarry Expansion Berm Planting plan dated December 1, 2004 prepared by Hill Studio, a copy of which is attached as Exhibit C-1 and C-2. As conditions to the requested vacation, Rockydale understands that it must: 1. Realign the intersection of Welcome Valley Road with Old Rocky Mount Road as approximately shown on the plat attached hereto as Exhibit B-3, subject to review and approval by the City of Roanoke. 2. Signalize the intersection of Old Rocky Mount Road with U.S. 220 (Franklin Road), subject to those requirements as may be imposed by VDOT and/or the City of Roanoke. 2 3. Relocate public utilities within the vacated portions of Old Rocky Mount Road, Draper Road and Welcome Valley Road as required by the City of Roanoke and the affected utilities. 4. Comply with all VDOT requirements once Draper Road changes its status from a public road to a private road, including, if required, a commercial entrance permit. These infi'astmcture improvements will be at the expense of Rockydale and will permit trucks accessing Rockydale to use the vacated Draper Road as the source of ingress and egress to Rockydale's quarry. This will have the result of separating track and automobile traffic along Old Rocky Mount Road, except for operations associated with Draper Paving, which will continue to have access on the public portion of Old Rocky Mount Road. WHEREFORE, Rockydale respectfully requests that the above described streets and roads be vacated by the Council of the City of Roanoke, Virginia in accordance with Virginia Code § 15.2-2006, as amended, as § 30-14, Code of the City of Roanoke (1979), as amended. This Petition is respectfully submitted this3 ~"q~ day of December, 2004. Respectfully submitted, Rockydale Quarries Corporation By:/'~x,f~ F'~f~,d Ol~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 Rockydale Quarries Corporation, a Virginia corporation, owner of the property subject to this petition hereby consents to this petition to vacate. ROCKYDALE QUARRIES CORPORATION By: c~.~::~ ~. /z_J,~ k. its:~~,~'z- ~J 4 Exhibit A Metes and Bounds Description for Draper Road Vacation The following is a deed description for a 1.024 acre parcel being portion of Draper Road to be vacated. The description is as follows: BEGINNING at Comer gl, said point located on the easterly right-of-way of Franklin Road (U.S. Route 22), said point also located on the northerly right-of-way of Draper Road; thence leaving Franklin Road and with Draper Road and the southerly boundary of Rockydale Quarries Corporation, Roanoke City Tax #5380125, for the following 5 courses; thence with a curve to the right, which said curve is defined by a delta angle of 40° 59' 06", a radius of 200.00 feet, an arc length of 143.06 feet, a chord of 140.03 feet and beating S 83° 57' 48" E, to Comer #2; thence S 63° 28' 15"E, 263.32 fee to Comer #3; thence with a curve to the left, which said curve is defined by a delta angle of 66° 29' 46", a radius of 200.00 feet, an arc length of 232.12 feet, a chord of 219.31 feet and bearing N 83° 16' 52" E, to Comer #4; thence N 50° 01' 59" E, 263.22 feet to Comer #5; thence S 09° 02' 40" E, 3.44 feet to Comer #6, said point located on the westerly right- of-way of Rocky Mount Road; thence leaving Rockydale Quarries Corporation and with the terminus of Draper Road with Old Rocky Mount Read, S 14° 38' 25" E, 52.05 feet to Comer 7; thence leaving Old Rocky Mount Road and with the southerly right-of-way of Draper Road and property of Rockydale Quarries Corporation, Roanoke City Tax #5380125, for the following 4 courses; thence S 50° 01' 59" W, 239.18 feet to Comer #8; thence with a curve to the right, which said curve is defined by a delta angle of 66° 29' 46", a radius of 250.00 feet, an arc length of 290.14 feet, a chord of 274.13 feet and bearing S 830 16' 52" W, to Comer #9; thence N 63° 28' 15" W, 263.32 feet to Comer #10; thence with a curve to the left, which said curve is defined by a delta angle of 34° 17' 05", a radius of 150.00 feet, an arc length of 89.76 feet, a chord of 88.42 feet and beating N 80° 36' 48" W, to Comer #11, said point located on the easterly right-of-way of Franklin Road (U.S. Route 220), and said point being the intersection of Draper Road and U.S. Route 220; thence continuing with Franklin Road, N 33° 23' 15" W, 53.94 feet to Comer #1, the place of BEGINNING and containing 44,598 square feet (1.024 acres) as more particularly shown on Exhibit prepared by Lumsden Associates, P.C. dated November 4, 2004. EXHIBIT A Metes and Bounds Description for Old Rocky Mount Road Vacation The following is a deed description for a 1.190 acre parcel being portion of Old Rocky Mount Road to be vacated. The description is as follows: BEGINNiNG at Comer # 1, said point located on the westerly right-of-way of Old Rocky Mount Road (Va. Secondary Route #789), said point also being the terminus of said road with the Blue Ridge Parkway; thence leaving Blue Ridge Parkway and continuing with the westerly fight-of-way of Old Rocky Mount Road for the following 4 courses; thence N 14° 55' 40" W, passing the northeasterly comer of property of United States of America (Blue Ridge Parkway) at approximately 250 feet in all 285.90 feet to Comer #2; thence N 14° 38' 25" W, 421.08 feet to Comer #3, said point located at the northwesterly intersection of Draper Road and Old Rocky Mount Road; thence continuing with Old Rocky Mount Road and leaving Draper Road, N 09° 02' 40"W, 188.31 feet to Comer #4, said point being the northeasterly comer property of Rockydale Quarries, Corporation, Roanoke City Tax #5380125, and also being the southwesterly comer of property of Rockydale Quarries Corporation, Roanoke City Tax #5380106; thence continuing with Old Rocky Mount Road and leaving Rockydale Quarries Corporation Roanoke City Tax #5380125, N 01° 42' 40" W, 134.47 feet to Comer #5, said point located at the proposed terminus of that portion of Old Rocky Mount Road to be vacated; thence with a curve on the proposed cul-de-sac at end of Old Rocky Mount Road with a curve to the left which said curve is defined by a delta angle of 84° 47' 03", an arc of 81.39 feet, a radius 55.00 feet, a chord of 74.16 feet and bearing N 40° 40' 51" E, to Comer #6, said point being the southwesterly comer of property of S. R. Draper Paving Company, Roanoke City Tax #5370105, said point also located on the easterly fight-of-way of Old Rocky Mount Road, also said point being the westerly boundary of property of Rockydale Quarries Corporation, Tax #5370107; thence leaving S. R. Draper Paving Company and with the easterly right-of-way of Old Rocky Mount Road and with Rockydale Quarries for the following 4 courses; thence S 01° 42' 40" E, 186.04 feet to Comer #7; thence S 09° 02' 40" E, 182.66 feet to Comer #8; thence S 14° 38' 25" E, passing the northwesterly comer of property of Rockydale Quarries Corporation, Roanoke City Tax #5370108 at approximately 100 feet, in all 418.51 feet to Corner #9; thence continuing with easterly side of Old Rocky Mount Road, S 14° 55' 40" E, 285.77 feet passing the no~nthwesterly comer of property of Rockydale Quarries Corporation, Roanoke City Tax # 5370109 at approximately 168 feet in ail 285.77 feet to Comer #10, said point located on the terminus of Blue Ridge Parkway; also said point being the southwesterly comer of Rockydale Quarries, Roanoke City Tax #5370109; thence leaving Rockydale Quarries Corporation and with Blue Ridge Parkway, S 750 04' 20"W, 50.00 feet to Comer #1, the place of BEGINNING and containing 51,836 square feet (1.190 ac.) as more particularly shown on Exhibit prepared by Lumsden Associates, P.C. dated November 3, 2004. EXItlBIT A Metes and Bounds Description for Welcome Valley Road Vacation (approximate) The following is a deed description for a 0.091 acre parcel being portion of Welcome Valley Road to be vacated. The description is as follows: BEGINNING at Comer #1, said point located on the northerly right-of-way of Welcome Valley Road (Va. Route 672), said point also located on the easterly right-of-way of Old Rocky Mount Road; thence leaving Old Rocky Mount Road and with Welcome Valley Road and the southerly boundary of Rockydale Quarries Corporation, Roanoke City Tax #5390110, N 69° 21' 50" E, 97.62 feet to Comer #2; thence with a curve on the southerly proposed right-of-way re-alignment of Welcome Valley Road, which said curve is defined by a delta angle of 13° 52' 31", a radius of 327.30 feet, an arc length of 79.26 feet, a chord of 79.07 feet and bearing S 88° 12' 39" E, to Comer #3; said point being located on the southerly right-of-way of Welcome Valley Road; thence with the southerly right-of-way of Welcome Valley Road S 69° 26' 36" W, 175.45 feet to comer #4, said point being located on the southerly right-of-way of Welcome Valley Road and the intersection of Old Rocky Mount Road; thence with Old Rocky Mount Road N 11° 37' 43" W, 30.29 feet to the place of BEGINNING and containing 3,971 square feet (0.091 acres) as more particularly shown on Exhibit prepared by Lumsden Associates, P.C. dated November 5, 2004. L~ TABLE BEAI~ D~TANCE ,k~598 5F.. - 1.024 AC. 1.024 AC, PORTION OF DRAPER ROAD TO BE VACATED co.,) PROPERTY OF UNITED STATES OF AMERICA BLUE RIDGE PARKWAY ® ® L- 14106 L- 23Z12 ~ S 83'57'48' £ BRC,, N ~76'~' E ~. ;~ ~. ~9.J~ T- 1~ T- ~.27 ~. 27~i3 ~. SCALE: COMM. NO., CADD FILE= PROPOSEO ~ CUL-DE-SAC TAX //5380106 PROPERTY OF ROCK)DALE OUARRIES DORPORAnON (ROANOKE CO.) D.B. 901, PG. 605 TAX 1~5380125 PROPERTY OF ROCK)DALE QUARRIES CORPORA~ON (ROANOKE ~ COO PROPERTY OF UNITED STATES OF AMERICA BLUE RIDGE PARKWAY DRAPER PA~ING CO. D.B. 610, PC. 395 ~ A= 84'47'03' R= 55OO T= 50.21 L= 81.39 BRC. N 40'40'51' E TAX ~5370107 CHD. 74.16 PROPERTY OF ROCK)DALE OUARRIES CORPORATION D.B, 865, PG, 138 1.190 AC. PORTION OF OLD ROCKY UOUNT ROAD TO BE VACATED I.J~ TABLE 51,83~ S.K - 1.190 AC. PROPERTY OF ROCK)DALE QUARRIES CORPORA TION DATE: NOVEMBER 3, 2004 SCALE: 1" = 150' COMM, NO,= 01-194 CADD FILE: ROANOKE, VIRGINIA IJVE TABLE U1~-i I ~ I DISTANCE N 69'21'50' E 9Z62' $ 88'12'3g' E 79.07' CLIO. ~-4 I $ ~926'3~' ~1 ?75.~° 3,971 ,~F. - 0.091 AC. -0.091 AC. PORTION OF · ELCO~E VM.L~.Y ROAD TO BE VACATED TAX ~-5370102 PROPERTY OF ® A,- t3'52'3t' R- 32Z30 T- 39.83 L- 79.28 BRC,. S 88'12*39' E CHIT. 79.07 ~D.B, 350, PG. 243 NO ITS: L ~E INTENT OF ~tlS PLATIS TO SHOW THE APPROXIIdAIT LII~I~S OF RIGHT-OF-WAY VACAI?ON ALONG ~[LCOIdE VALLEY ROAD. THE RI~T-~-WAY IS TO BE DATE~ NOVEMBER 5, 2004 SCALE: COMM, NO.: CADD FILE= FA2001\01194\SUR\VAC-WELCOMEVALLEY.DW EXHIBIT SHOWING THE PROPOSED VACATION OF APPROXIMATELY 150.00' OF WELCOME VALLEY ROAD (0.09 ACRES) LUMSDEN ASSOCIATE& P.C. ROANOKE, VIRGINIA Exhibit C-1 is a very large plat which cannot be scanned. Z~o Z m z Z 0> c f~ m ITl ITl Z -"1 ITl rn The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times ....................................... + ..................... GLENN, FELDMANN, DAR PO BOX 2887 ATTN: MARYELLEN GOOD ROANOKE VA 24001 REFERENCE: 80025065 05042993 NOTICEOFPUBLICHEARIN State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of vi inia. Sworn and subscribed before me this o~ff~day February my hand and of 2005. Witness ial seal. ~_~_~_~ Notary Public ON: 02/04 02/11 TOTAL COST, 333.96 FILED ON: 02/11/05 I(01&T OF fllLfC IF. Ua~ 10 YJ'IIIN IT MAY CONCBN: The Council of the City of Roanoke will hold a Public Heerinj[ on Tuesday, February 22, 2005, at 7:00 as the matter may be I~ard, in the Coul~¢ll Chamber in the Noel C. Taylor Municipal Building, 2~.5 Church application t~* permanently: T Authorized Signature' : ............. , Billing Services Representative NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Tuesday, February 22, 2005, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., on an application to permanently abandon, vacate, discontinue and close, to the extent the City has any legal interest in said public right-of-way, the following public rights-of-way: That portion of Draper Road from its intersection with U.S. 220 North (Franklin Road) to its terminus at Old Rocky Mount Road; that portion of Old Rocky Mount Road from its terminus on the westerly side of tax parcel number 5370109 traveling north a distance of 1032.66 feet to tax parcel number 5370106; and that portion of Welcome Valley Road from its intersection with Old Rocky Mount Road traveling east an approximate distance of 130.00 feet along tax parcel number 5390110. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building. Ail 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, 853-254I, by Thursday, February 17, 2005. GIVEN under my hand this 2nd day of February ,2005. Mary F. Parker, City Clerk. K/NOTICES\N CLOSE ST(WVWA)O22205DOC Notice to Publisher: Publish in the Roanoke Times once on Friday, February 4, 2005 and Friday, February 11, 2005. 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, Esquire Glenn, Feldmann, Darby & Goodlatte P. O. Box 2887 Roanoke, Virginia 24001-2887 (540) 224-8018 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: Rockydale Quarries on Franklin, Old Rocky Mount, Van Winkle, Welcome Valley Roads, S.W., from RS-3 and HM, to HM and RA, conditional COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) ) ) AFFIDAVIT ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 27th day of December, 2004, notices of a public hearing to be held on the 20th day of January, 2005, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Tax No. 5380105 5380121 4530206 5380104 5380111 5460120 5460128 5390107 5390104 5390116 5460109 5390113 5370101 Name The Branch Family, LLC Western Virginia Water Authority Summit at Roanoke Apts., LLC Stacy Ann Lucas 3946 Gary W. and Judy L. Critzer Kenneth and Malinda Muncy AEP Address 4552 Franklin Road, SW Roanoke, VA 24014 2012 S. Jefferson Street Roanoke, VA 24014 4333 Edgewood Road, NE Cedar Rapids, Iowa 52499 Welcome Valley Road, SE Roanoke, VA 24014 4531 Narrows Lane, SW Roanoke, VA 24014 1005 Boon Bernard Drive Boones Mill, VA 24065 P O Box 2021 Roanoke, VA 24022 Russell and Patsy Etter Trustee of the New Hope Christian Church Margaret B. Young Trustees of First Union National Bank of VA 5370102 Petitioner 4542 Old Rocky Mount Road Roankoe, VA 24014 4229 Welcome Valley Road Roanoke, VA 24014 4737 Barclay Square Roanoke, VA 24018 5370103,104,107,108,4530101,5390202,203,204 5370106 5370106 5380109 5380124 4530201 4530102 4530103 4530104 4530105 4530106 4530107 4538018 4530207 4530204 County County S. R. Draper Paving CO. Joe B. Helms, Jr. Frank and Elmira Wilson David and Mary Derrow Conrad R. and Janet Altizer Janice S. Latham Edward and Jacqueline Kennedy W. H. Radford Deborah Cassell William and Mary Divers Campbell Heirs Cemetery Kenneth and Melissa Wilson Old Heritage Corporation Superintendent of Blue Ridge Parkway National Park Service 4742 Old Rocky Mount Road Roanoke, VA 24014 4741 Old Rocky Mount Road 3775 Bandy Road Roanoke, VA 24014 4125 Welcome Valley Road Roanoke, VA 24014 4117 Welcome Valley Road Roanoke, VA 24014 4111 Welcome Valley Road Roanoke, VA 24014 4101 Welcome Valley Road Roanoke, VA 24014 4097 Welcome Valley Road Roanoke, VA 24014 4091 Welcome Valley Road Roanoke, VA 24014 4077 Welcome Valley Road Roanoke, VA 24014 4070 Welcome Valley Road Roanoke, VA 24014 4412 Will Carter Lane Roanoke, VA 24014 Route 1, Box 335 Elliston, VA 24087 P O Box 8425 Roanoke, VA 24014 199 Hemphill Knob Road Asheville, NC 28803 Also Mailed to: Janet Scheid, Roanoke County Planning Dawn Vinyard, Southern Hills Improvement Council,4024 Griffin Road, SW 24014 Mart~a Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 27th day of December, 2004. Notary Public My Commission Expires: TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE STREET CLOSURE REQUEST OF: Rockydale Quarries for closure of Draper Road, pt. Old ) Rocky Mount Road, and pt. Welcome Valley Road ) 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 27th day of December, 2004, notices of a public hearing to be held on the 20th day of January, 2005, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Tax No. Name 5370105 S.R. Draper Paving Co. Mart~ra Pace Franklin Mailinq Address 4741 Old Rocky Mount Road Roanoke, VA 24014 My Commission Expires: ;~. r <:;~ --0'-7 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 27th day of December, 2004. Notary Public u 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 February 28, 2005 File #266 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36982-022205 authorizing the City Manager to make application to the Virginia Department of Housing and Community Development amending boundaries of Enterprise Zone One A, Enterprise Zone One A local incentives, and Enterprise Zone Two and its Subzone local incentives as more fully set forth in a letter from the City Manager addressed to Council under date of February 22, 2005. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 22, 2005, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment Darlene L. Burcham February 28, 2005 Page 2 pc: Rolanda B. Russell, Assistant City Manager for Community Development Jesse A. Hall, Director of Finance Dennis R. Cronk, Vice-Chair, Industrial Development Authority, 33:~0 Kingsbury Circle, S. W., Roanoke, Virginia 24014 R. Brian Townsend, Acting Director, Economic Development Sherman M. Stovall, Director, Office of Management and Budget Susan S. Lower, Director, Real Estate Valuation IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd day of February, 2005. No. 36982-022205. A RESOLUTION authorizing the proper City officials to make a boundary amendment to Roanoke's Enterprise Zone One A that will add certain areas not currently in Emerprise Zone One A; authorizing the City Manager to apply to the Virginia Departmem of Housing and Community Development for approval of such boundary amendment and to take such further action as may be necessary to obtain and implement such boundary amendment. WHEREAS, there are certain areas currently located outside Roanoke's Enterprise Zone One A that are contiguous to Emerprise Zone One A that are not curremly a part of Emerprise Zone One A, but that can be added to Enterprise Zone One A and that will benefit from the designation of those additional areas as part of Enterprise Zone One A, as set forth in a letter from the City Manager to Council dated February 22, 2005; WHEREAS, the Virginia Enterprise Zone Act of 1982, as amended, authorizes the amendment of an existing Emerprise Zone, thereby making qualified business firms which locate or expand within such amended Zone eligible for significant Enterprise Zone benefits as referred to in the above letter; WHEREAS, the addition of certain areas of the City as part of Roanoke's Enterprise Zone One A as set forth above has a potential to stimulate significant private sector investment within the City in areas where such business and industrial growth could result in much needed growth and revitalization; and WHEREAS, this Council, acting in its capacity as the governing body of the City of Roanoke, has held a Public Hearing on the proposed boundary amendment, at which Public Hearing citizens and parties in interest were afforded an opportunity to be heard on the proposed boundary amendment to Enterprise Zone One A. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke is hereby applying for an amendment to Roanoke's Enterprise Zone One A, which amendment will add additional areas which are currently outside Enterprise Zone One A. This boundary amendment is more fully shown on the maps attached to the letter to Council dated February 22, 2005, and more fully described in such letter. 2. The City Manager is hereby authorized to apply, on behalf of the City, to the Virginia Department of Housing and Community Development for a boundary amendment to Roanoke's existing Enterprise Zone One A pursuant to the applicable provisions of the Virginia Emerprise Zone Act of 1982, as amended, which boundary amendment will add to Enterprise Zone One A certain areas not currently in Roanoke's Enterprise Zone One A, all as more fully set forth in the above mentioned letter. 3. Council hereby certifies that it held a held a Public Hearing as required by the V'trginia Enterprise Zone Program Regulations. 4. The City Manager is authorized to submit to the Virginia Department of Housing and Community Development all information necessar~ for the application for the boundary amendment to Roanoke's Enterprise Zone One A for the Department's review and consideration and to take such further action as may be necessary to meet other program requirements or to establish the boundary amendment as set forth above. The City Clerk is authorized to execute and attest any documents that 2 may be necessary or required for the application or for the provision of such information. 5. This Resolution shall be effective on and after the date of its adoption. 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. Hartrnan Assistant City Clerk February 28, 2005 File #266 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 36983-022205 amending Ordinance No. 36782-071904, adopted by Council on July :[9, 2004, by modifying certain local incentives contained therein for Enterprise Zone One A; authorizing the City Manager to apply to the Virginia Department of Housing and Community Development for approval of the above amendment and/or to take such further action as may be necessary to obtain or confirm such amendment; and establishing an effective date. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 22, 2005, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment Darlene L. Burcham February 28, 2005 Page 2 pc: Jesse A. Hall, Director of Finance R. Brian Townsend, Acting Director, Economic Development Dennis R. Cronk, Vice-Chair, Industrial Development Authority, 3310 Kingsbury Circle, S. W., Roanoke, Virginia 24014 Jean M. Thurman, Secretary, Board of Directors, Western Virginia Water Authority Susan S. Lower, Director, Real Estate Valuation Sherman M. Stovall, Director, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd day of February, 2005. No. 36983-022205. AN ORDINANCE amending Ordinance No. 36782-071904, adopted by City Council on July 19, 2004, by modifying certain local incentives contained therein for Enterprise Zone One A; authorizing the City Manager to apply to the Virginia Department of Housing and Community Development (VDHCD) for the approval of the above amendment and/or to take such further action as may be necessary to obtain or confirm such amendment; establishing an effective date; and dispensing with the second reading by title of this ordinance; WHEREAS, City's Enterprise Zone One expired on December 31, 2003, but the City received a designation in June 2004 ~om the Governor of Virginia ora new Enterprise Zone One A retroactive to January 1, 2004; WHEREAS, on July 19, 2004, City Council adopted Ordinance No. 36782-071904, which adopted certain local incentives for Enterprise Zone One A, which included grants from the Industrial Development Authority of the City of Roanoke, Virginia (IDA) for water, fire, and sewer hookup fees under certain conditions; and WHEREAS, on July 1, 2004, the Western Virginia Water Authority (WVWA) assumed ownership of the City of Roanoke and Roanoke County water and sewer assets and this has necessitated a change in certain local incentives for water, fire, and sewer hookup fees for Enterprise Zone One A so that the amount of such grants be limited as hereinafter se~ forth. K:~vleasureskEZ One A incentives Amendmem 2005.doe ] THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Ordinance No. 36782-071904, adopted by City Council on July 19, 2004, is hereby amended as follows: Paragraph number 6 is deleted effective April l, 2005, and is hereby replaced by the following paragraph number 6: Subject to the maximum amounts set forth herein, any business firm, property owner, or leaseholder authorized to make improvements, undertaking new building construction and/or rehabilitation work within the City's Enterprise Zone One A shall be entitled to receive a grant from the Industrial Development Authority of the City of Roanoke, Virginia (IDA) equal to an amount up to 100% of water, fire, and sewer hookup fees based on appropriate and approved documentation of the amount of new building construction and/or rehabilitation investment of One Hundred Twenty-Five Thousand Dollars ($125,000) or more undertaken by such business firm, property owner, or leaseholder authorized to make improvements within Enterprise Zone One A. The City will provide funds to the IDA for grants for this local incentive in order to enhance economic development in the area. The uses for such building are to be for profit commercial, mixed-use commercial, or industrial. All water, fire, and sewer hookup fees shall initially be paid in full by the business firm, property owner, or leaseholder authorized to make improvements. Upon completion of the new building construction and/or rehabilitation work and upon proper documentation of the issuance of a permanent certificate of occupancy for the new building and/or proper documentation of completion of the rehabilitation work, the business firm, property owner, or leaseholder authorized to make improvements may then apply for a grant from the IDA under this local incentive. Upon the approval of the application, the business firm, property owner, or leaseholder authorized to make improvements will receive a grant f~om the IDA of an amount equal to the following percentage of water, fire, and sewer hookup fees the property owner or leaseholder authorized to make such improvements previously paid (without interest), subject to the maximum amount, for such new building construction and/or rehabilitation work: Amount invested Grant Percentage Subject to Maximum Amount $1,000,000 or more $900,000-$999,999.99 $800,000-$899,999.99 100% 90% 80% K:~Measures\EZ One A Inc~ntlvcs Amendment 2005.d0~ 2 $700,000-$799 999.99 $600,000-$699 999.99 $500,000-$599 999.99 $400,000-$499 999.99 $300,000-$399 999.99 $250,000-$299 999.99 $125,000-$249,999.99 $0- $124,999.99 7O% 60% 5O% 4O% 30% 2O% 10% 0% The maximum amount of the grants referred to above shall be based on the size of the hookup and will be as sift forth below: Maximum Water Hookup Grants based on Size of Hookup 5/8" $1,500 3" *A" $1,515 4" 1" $1,600 6" 1 ½" $2,300 8" 2" $2,500 10-12" $ 3,96O $12,300 $14,010 actual cost up to, but not to exceed $20,043 actual cost up to, but not to exceed $22,079 Maximum Sewer Hookup Grants based on Size of Hookup 5/8 - 6" $1,500 8" actual cost up to, but not to exceed $3,750 12" actual cost up to, but not to exceed $7,500 Maximum Fire Hookup Grants based on Size of Hookup 4" $10,300 10" $15,000 6" $10,800 12" actual cost up to, but not to exceed $22,250 8" $13,300 The effective date of the availability of this amended local incentive is April 1, 2005. This amended local incentive shall be available only for water, fire, and sewer hookup fees paid between the period of April 1, 2005, through December 31, 2023, at which time the Enterprise Zone One A designation will end, unless otherwise modified by Council. The City Manager shall establish appropriate rules and regulations necessary to implement this local incentive. 2. Council hereby certifies that it held a public hearing as required by the Virginia Enterprise Zone Program Regulations. K:~le. asur~EZ Onc A Incentives Amcndmcn12005.do~ 3 3. The local incentive amendment set forth above and in the City Manager's letter dated February 22, 2005, is supported by Council, but Council notes it is subject to approval by the VDHCD and should it not be approved, such amendment will not become effective so that any prior measures, if any, on the particular matter, will stay in effect. 4. Any funding required for any such local incentives is subject to the appropriation of such funds by Council. 5. As amended, Ordinance No. 36782-071904, adopted July 19, 2004, is hereby affirmed and remains in full force and effect. 6. The City Manager is authorized to submit to the VDHCD all information necessary for approval or confirmation of the above amendment regarding local incentives and to take such further action or to execute such further documents as may be necessary to meet other program requirements or to establish and administer the local incentives as set forth above. The City Clerk is authorized to execute and attest any documents that may be necessary or required for the purposes as set forth above. 7. 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. K:\MeasuresLEZ One A Incentives Amendment 2005.doe 4 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 February 28, 2005 File #266 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 36984-022205 amending Ordinance No. 35820-041502, adopted by City Council on April 15, 2002, by modifying certain local incentives contained therein; by extending the availability of such local incentives for Enterprise Zone Two and its Subzone through December 31, 2015; authorizing the City Manager to apply to the Virginia Department of Housing and Community Development for approval of the above amendments and/or to take such further action as may be necessary to obtain or confirm said amendments; and establishing an effective date. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 22, 2005, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment Darlene L. Burcham February 28, 2005 Page 2 pc: Jesse A. Hall, Director of Finance R. Brian Townsend, Acting Director, Economic Development Dennis R. Cronk, Vice-Chair, Industrial Development Authority, 3310 Kingsbury Circle, S. W., Roanoke, Virginia 24014 Susan S. Lower, Director, Real Estate Valuation Sherman M. Stovall, Director, Office of Management and Budget Jean M. Thurman, Secretary, Board of Directors, Western Virginia Water Authority IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd day of February, 2005. No. 36984-022205. AN ORDINANCE amending Ordinance No. 35820-041502, adopted by City Council on April 15, 2002, by modifying certain local incentives contained therein; by emending the availability of such local incentives for Enterprise Zone Two and its Subzone through December 31, 2015; authorizing the City Manager to apply to the Virginia Department of Housing and Community Development (VDHCD) for the approval of the above amendments and/or to take such further action as may be necessary to obtain or confirm those amendments; establishing an effective date; and dispensing with the second reading by title &this ordinance. WHEREAS, on July 1, 1996, City Council adopted Ordinance No. 33019-070196 approving, adopting, and establishing certain local incentives for the area designated as Enterprise Zone Two in the City of Roanoke, and which applied to a Subzone that was created by a boundary amendment authorized by Resolution No. 34024-092198, adopted by Council on September 21, 1998; WHEREAS, on July 19, 1999, City Council adopted Ordinance No. 34412-071999, for the purpose of providing that the local incentives established for the area designated as Enterprise Zone Two, including the Subzone of Two, shall also apply to the City's Enterprise Zone One as of July 19, 1999, and that the incentives in Enterprise Zone One would likewise apply to Enterprise Zone Two as &that date, except to the extent a local incentive was unique to a particular Enterprise Zone, and such ordinance will remain in effect for such purpose; K:hMeasuresh~.ZTwo Incentives Amendment 2005.do~ 1 WHEREAS, Ordinance No. 35414-061801, adopted by City Council on June 18, 2001, provided that the local incentives made applicable to the City's Enterprise Zones would end on December 31, 2003, unless otherwise modified by Council; WHEREAS, on April 15, 2002, City Council adopted Ordinance No. 35820-041502, amending the prior measurers in certain respects, which included extending the local incentives through June 30, 2007, provided that if Enterprise Zone One was not extended by the VDHCD, the local incentives for Enterprise Zone One would terminate on December 31, 2003, when Enterprise Zone One expired; WHEREAS, Enterprise Zone One expired on December 31, 2003, but the City received a designation' in June 2004 from the Governor of Virginia of a new Enterprise Zone One A retroactive to January 1, 2004; WHEREAS, on July 19, 2004, City Council adopted Ordinance No. 36782-071904, which adopted certain local incentives for Enterprise Zone One A, which included grants from the Industrial Development Authority of the City of Roanoke, Virginia (IDA) for water, fire, and sewer hookup fees under certain conditions; WHEREAS, on July 1, 2004, the Western Virginia Water Authority (WVWA) assumed ownership of the City of Roanoke and Roanoke County water and sewer asse~s and this has necessitated a change in the local incentives for Enterprise Zone Two and its Subzone in order to provide that the former rebates for water, fire, and sewer hookup fees now be made by grants from the IDA and that the amount of such grants be limited as hereinafier set forth; and WHEREAS, City Council now wishes to also extend the applicable time period for all local incentives, as amended, for Enterprise Zone Two and its Subzone, from June 30, 2007, through December 3 I, 2015. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Ordinance No. 35820-041502, adopted by City Council on April 15, 2002, is hereby amended as follows: Paragraph number 4 referred to in paragraph I(A) is deleted effective April 1, 2005, and is hereby replaced by the following paragraph number 4: (4) Subject to the maximum amounts set forth herein, any business firm undertaking new building construction and/or rehabilitation work within the City's Enterprise Zone Two or its Subzone shall be entitled to receive a grant from the Industrial Development Authority of the City of Roanoke, Virginia (IDA) equal to an amount up to 100% of water, fire, and sewer hookup fees based on appropriate and approved documentation of the amount of new building construction and/or rehabilitation investment of $125,000 or more undertaken by such business firm within such Enterprise Zone. The City will provide funds to the IDA for grants for this local incentive in order to enhance economic development in the area. All water, fire, and sewer hookup fees shall initially be paid in full by the business firm. Upon completion of the new building construction and/or rehabilitation work and upon proper documentation of the issuance ora permanent certificate of occupancy for the new building and/or proper documentation of completion of the rehabilitation work, the business firm may then apply for a grant from the IDA under this local incentive. Upon the approval of the application, the business firm will receive a grant from the IDA of an amount equal to the following percentage of water, fire, and sewer hookup fees the business firm previously paid (without interest), subject to the maximum amount, for such new building construction and/or rehabilitation work: Amount invested $1,000,000 or more 900,000 - 999,999.99 800,000 - 899,999.99 700,000 - 799,999.99 600,000 - 699,999.99 500,000 - 599,999.99 400,000 - 499,999.99 300,000 - 399,999.99 250,000 - 299,999.99 125,000 - 249,999.99 0- 124,999.99 Grant Percentage Subject to Maximum Amount 1 OO% 90% 80% 7O% 60% 50% 4O% 30% 2O% 10% 0% K:\MeasuresLEZTwo Incentives Amendment 2005.do¢ 3 The maximum amount of the grams referred to above shall be based on the size of the hookup and will be as set forth below: Maximum Water Hookup Grams based on Size of Hoolm.n 5/8" $1,500 3" ~A" $1,515 4" 1" $1,600 6" 1 ½" $2,300 8" 2" $2,500 10-12" $ 3,960 $12,300 $14,010 actual cost up to, but not to exceed $20,043 actual cost up to, but not to exceed $22,079 Maximum Sewer Hookup Grams based on Size of Hookup 5/8 - 6" $1,500 8" actual cost up to, but not to exceed $3,750 12" actual cost up to, but not to exceed $7,500 Maximum Fire Hookup Grams based on Size of Hookup 4" $10,300 10" $15,000 6" $10,800 12" actual cost up to, but not to exceed $22,250 8" $13,300 The effective date of the availability of this amended local incentive is April 1, 2005. This amended local incentive shall be available only for water, fire, and sewer hookup fees paid between the period of April 1, 2005, through December 31, 2015, at which time such local incentive will end, unless otherwise modified by Council. The City Manager shall establish appropriate rules and regulations necessary to implement this local incentive. It is the intent of this Ordinance that effective April 1, 2005, all grants for this amended local incentive shall be controlled by this paragraph unless otherwise modified by Council. 2. Ordinance No. 35820-041502, adopted by Council on April 15, 2002, is hereby amended so that all references in paragraph 2 of the Ordinance to June 20, 2007, are hereby deemed to be amended and changed to read December 31, 2015, and reference in paragraph 2 to "...the City's Enterprise Zones..." is hereby changed to read "...the City's Enterprise Zone Two and its Subzone." K:hMeasures~EZTwo Incentives Amendment 2005.doc 4 3. Council hereby certifies that it held a public hearing as required by the Virginia Enterprise Zone Program Regulations. 4. The local incentive amendments set forth above and in the City Manager's letter dated February 22, 2005, are supported by Council, but Council notes they are subject to approval by the VDHCD and should any of them not be approved, those not approved will not become effective so that any prior measures, if any, on the particular matter, will stay in effect. 5. Any funding required for any such local incentives is subject to the appropriation of such funds by Council. 6. As amended, Ordinance No. 35820-041502, adopted April 15, 2002, is hereby affirmed arid remains in full force and effect. 7. The City Manager is authorized to submit to the VDHCD all information necessary for approval or confirmation of the above amendments regarding local incentives and to take such further action or to execute such further documents as may be necessary to meet other program requirements or to establish and administer the local incentives as set forth above. The City Clerk is authorized to execute and attest any documents that may be necessary or required for the purposes as set forth above. 8. 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. K:h'vleastwes~EZTwo Incentives Amendment 2005.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 February 22, 2005 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: Approval of Enterprise Zone One A and Enterprise Zone Two and its Subzone Amendment Applications and Amendments to Ordinances No. 35820- 041502 and 36782-071904 Background: Since the approval of Enterprise Zone One A, retroactive to January 1,2004, certain events have necessitated an amendment to the zone boundary and certain local zone incentives. The Zone One A boundary amendment is to include the addition of the East End Shops, Parkside Plaza in Southeast Roanoke and approximately 100 acres along the east side of Williamson Road south of Elm Avenue. Adding these properties, some of which are in the flood plain, could stimulate additional opportunities for revitalization where buildings are currently vacant or underutilized. Maps showing such boundary amendment are attached hereto and will also be on file in the City Clerk's Office. (Attachment 1 ) The City further proposes amending local incentives for both Enterprise Zone One A and Enterprise Zone Two and its Subzone to cap the local incentives providing grants through the Industrial Development Authority of the City of Roanoke, Virginia (IDA) for water, sewer and fire hookup fees. Such Honorable Mayor Harris and Members of City Council Page 2 February 22, 2005 amendments are needed due to the assumption of all assets associated with water and sewer by the Western Virginia Water Authority (WVWA) on July 1, 2004, since the ~VA now sets all such fees and receives all revenue there from. The limit for the maximum amount of such hookup fees is equal to the amounts recently adopted by the WVWA. Copies of the two Enterprise Zone Amendment Applications are attached to this letter which contains the maximum amounts to be allowed. (Attachment 2) Furthermore, as part of the amendment to Enterprise Zone Two and its Subzone, such local incentives will be by grants through the IDA as opposed to the former rebates since the City no longer receives such fees. Copies of the current local incentives referred to above and the two ordinances containing the amended local incentives are also attached for reference. (Attachment 3) Ordinance Nos. 35820-041502 and 36782-071 904 need to be amended to reflect such changes. Ordinance No. 35820-041502 needs to be amended to extend the period of availability of all local incentives, as amended, for Enterprise Zone Two and its Subzone from June 30, 2007, through December 31,2015. In accordance with the Department of Housing and Community Development's Virginia Enterprise Zone Program regulations, the local governing body must hold at least one public hearing affording citizens or interested parties an opportunity to be heard on such matters before submitting an amendment application to the department for consideration. Such public hearing will be held at Council's regular meeting on February 22, 2005. The amendments mentioned above are subject to approval by the Virginia Department of Housing and Community Development (VDHCD). Recommended Action: Lacking comments at the public hearing that would require further consideration, City Council adopt the appropriate measures, including the amendment of the ordinances mentioned above, to extend the boundary of Enterprise Zone One A and to amend certain local incentives for Enterprise Zone One A and Zone Two and its Subzone, subject to approval by the VDHCD, with an effective date of April 1, 2005, for the amended local incentives, all as set forth above. Furthermore, City Council authorize the City Manager to apply to the VDHCD for approval of the above mentioned amendments and to take such further action and/or to execute such additional documents as may be needed to obtain or confirm such amendments and to establish appropriate rules and regulations as may be needed to implement and administer such local incentives once approved. Honorable Mayor Harris and Members of City Council Page 3 February 22, 2005 Amend Ordinance Nos. 35820-041502 and 36782-071904 to reflect such changes. DLB:Ib Respectfully submitted, City ManagerTM Attach merits C: Jesse A. Hall, Director of Finance William M. Hackworth, City Attorney Mary F. Parker, City Clerk R. Brian Townsend, Acting Director of Economic Development Sherman M. Stovall, Director of Management and Budget CM05-00017 Attachment I Attachment I consists of four (4) maps showing the boundary amendment and are located at the back of Attachment 2, entitled "Application For Enterprise Zone Amendment, Form EZ-2, The Virginia Enterprise Zone Program, Enterprise Zone One A, Virginia Enterprise Zone #5" Attachment 2 Attachment 2 consists of: "Application For Enterprise Zone Amendment, Form EZ-2, The Virginia Enterprise Zone Program, Enterprise Zone One A, Virginia Enterprise Zone #5"; and "Application For Enterprise Zone Amendment, Form EZ-2, The Virginia Enterprise Zone Program, Enterprise Zone Two and Its Subzone, Virginia Enterprise Zone #42" a rise Res APPLICANT LOCALITY: __City of Roanoke__ Name of Zone: __Enterprise Zone One A Virginia Enterprise Zone #: __5__ Virginia Department of Housing and Community Development 501 North Second Street Richmond, Virginia 23219 (804) 371-7030 EZON Ed~dhcd.virginia.gov www.dhcd.virginia.gov A. Locality: City of Roanoke C. Chief Administrator: Darlene Burcham, City Mgr B. Date: 2~23~05 Phone: 540-853-2333 D. Designated Contact Person: Linda Bass Phone: 540-853-2716 E. Address: 111 Franklin Plaza Suite 200 Roanoke, VA 24011 F. Check One: _x_Single Application Joint Application G. List ether participating localities below: H. What was the last Annual Report submitted (for what reporting year)?_2003 I. Non-contiguous Sub Zone This zone currently has a non-contiguous sub zone. Yes x No This zone does not have a non-contiguous sub zone, but another zone in this locality has a non-contiguous sub zone. x Yes No This amendment proposes to add a non-contiguous sub zone to this zone. Yes x No NOTE: Only one non-contiguous sub zone is allowed in a single locality, no matter how many zones the locality has. FOrTh EZ-2 Page 2 II A. Purpose of Amendment: Check the type of amendment and briefly explain why the amendment is being requested and what is to be accomplished by the approval. In this discussion, briefly describe how the enterprise zone modification fits into the Iocality's overall community and economic development strategy. (Umlt to one paCe.) X_Boundary Addition __Boundary Deletion x_ Incentive Amendment __ Goals/Objectives/Strategies/Actions This amendment is being requested to broaden Enterprise Zone One A to include sites needing redevelopment and to modify an existing incentive due to the creation of a regional water authority. The goal of redevelopment, particularly in areas of the flood plain, requiring flood-proofing, versus development on green spaces not in the flood plain, is usually not cost effective. Two of the areas to be added are located in the flood plain. Overlaying such an area with Enterprise Zone benefits would not only make redevelopment more attractive, but aiso meet certain policies and objectives of the Roanoke Vision 2001 - 2020, the City's comprehensive plan. "Retaining existing jobs and attracting new jobs are equally important factors in Roanoke's economic stability. Each relies not only on defining costs and benefits of doing business, but also on maintaining and selling the City and region as an attractive place to live and work. Similarly, enhancing Roanoke's livability requires the continuing expansion of personal wages and public revenues to pay for these critical amenities." This quote is from the first goal listed in the plan. AS part of this goal, the City developed certain policies, among them, "[u]nderutilized and vacant industrial sites will be evaluated and redevelopment encouraged", and "Roanoke will encourage commercial development in appropriate areas (i.e., key intersections and centers) of Roanoke to serve the needs of citizens and visitors." In the following pages are delineated the areas the City needs to add to Enterprise Zone One A. One of the areas is a commercial strip mail experiencing major vacancies. Adding this area to the zone would relate to two of the actions in the comprehensive plan, namely "ED A26. Identify underutilized commercial sites and promote revitalization" and "ED A30. Develop incentives and programs to encourage redevelopment activities that create attractive commercial corridors that address strip development and underutilized commercial centers." The incentive regarding water, sewer and fire hookups must be modified due to the creation of the Western Virginia Water Authority on July 3., 2004. The City no longer receives payments for these hookups. Those fees are now paid to the Authority. With costs for these hookups no longer under the control of the City, it is imperative the City cap the charges for the grants to be provided under this incentive through the Industrial Development Authority of the City of Roanoke (IDA). For further information on these caps, see Section V. Form EZ-2 Page 3 II B. Location and Boundaries: Provide a list of all 2000 U. S. Census tracts and block groups comprising the existing enterprise zone area and the zone areas to be added and/or deleted according to the census tracts in which they are located. If only a portion of a block group is included in the current area or area to be deleted, list the block group followed by an asterisk to indicate that it is a partial block. In a joint application, indicate the locality in which each block group is located, Existing Added 4:2*, 3% 4* 7:2* 8:1% 2% 3* 9:1% 2% 3*, 4* 22:2* Deleted II C. Population Characteristics: Use the 2000 Census data or data available from the Center for Public Service or the appropriate Planning District Commission. Data is requested for the current zone area, proposed zone area to be added and/or deleted. (See page 11 of the instruction manual.) CURRENT PROPOSED PROPOSED TOTAL ZONE ADDITION DELETION 1. Total Population 38,661 1,335 39,996 2. Total Households 16,534 631 17,]65 3. Total Civilian Labor 18,281 596 18,877 Fome 4. # of Civilian Labor 1,409 50 1,459 Force Unemployed 5. % of Civilian Labor 7.7% 0 7.7% Force Unemployed 6. Median Household Income: (Entire Jurisdiction) $ 30,719 Zone Households with Incomes Below 80% of Medium income: 7. Number: 8,266 8. Percent: 62% Form EZ-2 Page 4 II D. Floor Vacancy Rate: Complete only if applicant chooses to meet the distress criteria requirement through the 20 percent floor vacancy rate in industrial and/or commercial property option. Commercial and industrial vacancy rates may be available through real estate firms but are not generally broken out by census tracts and block groups. Applicants choosing this option will have to have a survey and analysis of rates completed by the local Planning District Commission. % 2. Source of Methodology: Not applicable 3. Explanation of methodolo&"J: (Attach additional pages if needed.) Form EZ-2 Page 5 II E. Land Area: If areas are NOT being added or deleted, leave this blank: 1. Current zone size in acres 1,702.402 2. Proposed addition size in acres 196.422 3. Proposed deletion size in acres Total Acres 1,898.824 3. Jurisdiction's total land area in acres 27,520.000 4. Jurisdiction's total 2000 population 94,911 Ih F. Map Requlr®mants: The following maps are required ONLY if adding or deleting boundaries. (See page 13 of the instruction manual.) Jurisdictional boundaries and major arteries must be identified and labeled on all maps. Any specific neighborhoods, industrial parks, commercial centers, or project areas that will be discussed in the amendment application should also be identified on the maps. The attached maps must be no larger than 11 by 17. 1. Map showing the existing zone area and proposed zone area boundaries to be added and/or deleted (see instructions) with a break down of existing land uses. Please indicate the current zone boundary with a solid line, the proposed expansion area with a dashed line. If an area is to be deleted please shade this area. Indicate on this map total zone acreage and the approximate number of acres devoted to each type of use (see instructions). Label this mai) EZ-2 Map 1. 2. Map of the existing zone and proposed zone area showing the boundaries of the existing zoning districts. Label this map EZ-2 Map 2. If there is zoning, include Map 2. * ...... { Formatted: Bullets and Numbering I Form EZ-2 Page 6 III A. Conditions In the Expanded Area: Briefly describe only the current conditions within the expanded enterprise zone area emphasizing economic, physical, and social factors that are unique. List any revitalization efforts that have been undertaken within the expanded zone area in the last five years. (Reedonse limited to the space provided.) Since the application for Zone One A was submitted, changes and trends in the City of Roanoke have occurred, requiring the submission of an amendment. The City's share of taxable sales for the region has steadily declined over the past ten years. Although the amount of sales has risen, the revenue generated from the 1% sales tax rebated to the City has not kept up with the costs of services paid by that revenue stream. In order to increase incomes in the City, services must be provided to give the poor and underemployed assistance. Since the City is competing with areas having plentiful green sites available for retail development, and the City is limited by its inability to annex such spaces, it has become necessary to redevelop older shopping areas experiencing vacancies. One area in the City meeting this criteria is Parkside Plaza on Dale Avenue. The City proposes to add the site to the Virginia EZ 5 as a means of attracting new retail, generating new sales taxes and increasing real estate assessments. It would also give those trying to improve their income by going to school or taking training courses an interim job to meet expenses, particularly since the area is served by public transportation. Norfolk Southern (NS) was once the City's largest employer. However, since 1998, their employment has decreased by almost 800 jobs in Roanoke, while increasing system wide by 3,866. One area particularly hard hit is the old East End Shops. This area, located between railroad tracks on Norfolk Avenue and in the flood plain, is underutilized. With the purchase of Conrail, NS closed portions of its shops where both railcars and engines were built, leaving a small force of 158 responsible for repairing and overhauling. Since NS has expressed an interest in attracting other industry to this site, the City proposes to add this land as well. Another area, mostly in the flood plain, to be added runs along the railroad tracks off of Williamson Road. This area is experiencing vacancies as well. Many of the structures were built in the 1930-1940s, requiring updating to be occupied. Some are part of the South Jefferson Redevelopment Area. Revitalizing this area would create a more pleasant entry into downtown and additional opportunities for the adaptive reuse of former warehouse and industrial buildings currently vacant or underutilized. During the past five years, none of these areas have been the target of any programs offered by the City or State. No new shops have located in Parkside Plaza and its most lucrative client, Payless Shoes, is going out of business. The NS shops and the third area's flood plain issues necessitate their inclusion. Form EZ-2 Page 7 I11 B. Bar,lets to Economic Development end Revitalization: Briefly describe the barriers within the expanded onterpdco zone area that have an impact on zone development and revitalization. Barriers can be physical (e.g. infrastructure, obsolescence of facilities, land availability, topographic); nonphysical (e.g. image perception, crime rates, job skill levels, access to capital, market access); or organlzntlonel (e.g. economic development and marketing structures, financing institutions). (Response limited to the space provided.) The land known as the East End Shops lies completely in the flood plain. After years of building and repairing railcara and engines, there are probably some environmental problems with the area as well. Moot of the shops consist of open air buildings built in the early part of the 1900s with a single entrance across railroad tracks. These obstacles impair the viability of the site. Most of the area along W[lliamson Road is also in the flood plain, with a majority of the structures built in the 1930-1940s. These older buildings, some of which are in a redevelopment area, would need updating prior to use. Parkside Plaza was opened in the late 1960s as a strip mall with Grants and Winn-Dixie as its major tenants. Grants ceased operations in 1974 and Winn-Dixie moved to the county in the early 1990s. Payless Shoes was the only remaining original tenant. Now Payless is going out of business and only Bumper to Bumper and Disabled American Veterans stores will remain. Even thought the 200,000 square feet of space is located on one of the main routes into the City, retailers resist locating here because it's outdated and surrounded by one of the poorest populations in the City. III C. Economic Development end Revitalization Opportunities: Briefly describe economic development and revitalization opportunities within the expanded enterprise zone area. Opportunities can be physical (e.g. updated infrastructure, shell building, available land and buildings); non-physical (e.g. skilled work force, access to capital); or organizational (e.g. economic development and marketing structures, financing institutions). (Response limited to the space provided.) Even though the railroad shops have been underutilized for some time, there are plenty of skilled trades workers in Roanoke. Since NS has expressed their desire to lease this space to other businesses, it is in the City's best interest to breakdown the barriers to development and bring this property to its full potential. Workers here were once paid over $15 per hour. With Roanoke continuing to exhibit lower wages than other parts of Virginia, having this area open for boo[ness would improve skilled employment opportunities in the valley. The area along Williamson Road has also been underutilized. Knowing the older buildings will need updating and flood-proofing prior to reuse makes EZ incentives a must in marketing the area. Its proximity to the railroad tracks could be a selling point for the area since the City has no marketable railroad siding sites at the moment. The location's proximity to downtown and in the South Jefferson Redevelopment Area also provide additional opportunities for revitalization. In and around the valley are seventeen institutions of higher learning. Of the over 89,500 students enrolled in thooe schools, many need part time work to continue paying their tuition. Part time, retail jobs would be beneficial to this population and those in high school, particularly in an area served by local buses. In addition, the City has been losing its share of the retail sales market to other localities. Restoring Parkside Plaza would benefit all populations by using the increased tax revenue on services. Form EZ-2 Page 8 IV A. Purpose of Boundary Deletion: Discuss the rationale for the decision to delete an area(s) from the existing zone. Identify the factors taken into consideration and discuss the benefit to the locality. Describe the process used to notify business and property owners and summarize results of the public hearing. Attach a copy of the minutes of the public hearing and a sample of the property/business owner notification. (Response limited to the space provided.) IV B. Impact of Boundary Deletion: Identify the number and types of property and business owners and general impact. Discuss the impact of the decision on the revitalization efforts of the area to be deleted. Identify and discuss future plans for the area. (Response limited to the space provided.) Form EZ-2 Pa~e 9 V A. Modlflcetlon of Existing Incentives: Discuss why the incentives are being modified and what aspect(s) are being changed such as the provider, limitation of availability or applicability, funding, or time period the incentive is being offered. Explain what information or research the modification is based on. For example: "A survey of zone businesses showed that only three of the 55 zone businesses had qualified for a local incentive in three years and this research supports the need for incentive modification." (Umit response to the space provided.) As of July 1, 2004, the City of Roanoke no longer has a water department or sewage treatment plant. Roanoke County and the City formed the Western Virginia Water Authority (WVWA) and on that date the WVWA assumed ownership of all such assets. All charges for water, sewer and fire connections are now paid to WVWA, not the City. WVWA has raised the rates once charged by the City to be more in line with the rates once paid by Roanoke County as of January 1, 2005. In some instances, the difference prior to WVWA's creation was as much as a quarter of a million dollars. Since the City no longer receives the revenue, we are proposing to set a flat connection fee per meter or iine size equal to the recently adopted fee schedule which became effective January 1, 2005. Grants through the IDA for up to this capped amount would still serve the purpose of increasing activity in the zone and not result in a fiscal hardship on the City. For comparison purposes, a county connection fee for water for a 5/8 inch meter was $3,190, while in the City, the amount was $1,170. When larger meters were involved, such as a 10 inch meter, the City charged $17,222 compared with the county's $701,140. Sewer connection fees for a 4 or 6 inch line in the City were $452.26, while the county charged from $82,020 to $184,420. The new rate structure begins the effort to equalize the historic fee structure of the two localities into the new Water Authority. The new capped figures are higher than the old rates and are set forth in Section V.D., page 12. Form EZ-2 Page t0 V B. Deletion of Existing Incentives: Begin by identifying the total number of incentives being deleted. Next, identify the number of the incentive in the existing package that is being deleted and provide justification. (Use additional pages as n _ec~,e___ry.) The total number of local incentives being deleted is __ The following incentives are to be deleted: Number: Name: Justification: Number: Name: Justification: Number: Name: Justification: Number: Name: Justification: V C. Replacement Incentives: List the replacement incentive(s) and discuss how the proposed local incentive(s) are equal or superior to those incentives that existed prior to the amendment either individually or as an entire package. (Use additional pages as ne _c~__~_~y.) Form EZ-2 Page 11 V D. Incentives: Provide information for new and ex~stJng incentives. Additional forms may be reproduced to accommodate all incentives, identify new or revised incentives with an asterisk. Proposed Enterprise Zone Name: Incentive #, Name, and Description: Provider: City of Roanoke Grant for Fees for New Construction & Rehabilitation of Existing Buildings* Qualification Requirements: City grants through the IDA up to 100% of water, sewer Amount Invested Grant Percentaaes subject to maximum amt and fire hookup fees, after documentation of a permanent certificate of occupancy, for businesses undertaking new $1 mill~on or more 100% construction or rehabilitation of existing buildings wlth an $900,000-999,999.99 90% investment of at least $125,000. However, the amount of $800,000-899,999.99 80% such grants shall be limited as set forth below: $700,000-799,999.99 70% Maximum Water Hookup Grants based on size of hookup $600,000-699,999.99 60% 5/8" $t,500 3" $3,960 $500,000-599,999.99 50% %. $1,515 4" $12,300 $400,000-499,999.99 40% t" $t,600 6" $14,010 $300,000-399,999.99 30% IW' $2,300 8" actual cost up to, but not to $200,000-299,999.99 20% exceed $20,043 $129,000-199,999.99 10% 2" $2,500 t0-12" actual cost up to, but not to exceed $22,079 Some residential component is allowed in the building as long Maximum Sewer Hookup Grants based on size of hookup as 20% remains devoted to commercial use. 5/8-6" $1,600 Period of availability: 8" actua~ cost up to, but not to exceed $3,750 life of Zone 12" actual cost up to, but not to exceed $7,900 Maximum Fire Hookup Grants based on size of hookup Source of funds: 4" $10,300 10" $t5,000 6" $10,800 12" actual cost up to, but not to General Revenue exceed $22,250 8" $13,300 Financial Value of Incentive: Effective date: The value fluctuates depending on tSe investment. Grants 411105 can be from $150 to several thousan(~ dollars Exclusive to zone: x Yes [] No, if no please explain how zone incentives will be addressed incentive #, Name, and Descripfion: Provider: Qualification Requirements: Period of availability: Source of funds: Financial Value of Incentive: Effective date: Form EZ.2 Page 12 Exclusive to zone: [] Yes [] No, if no please explain how zone incentives will be addressed Form EZ-2 Page t 3 VI A. Identifying and Implementing amended goals, objectives, strateglns and actions (GOSAs) for the enterprise zone: The purpose of amending GOSAs is to improve the Iocality's ability to identity, coordinate and maximize resources to address barriers to economic revitalization. (See Appendix E of the instruction manual for examples.) The implementation schedule helps to identity participants, agencies and organizations and establishes projected times for implementation and progress. Complete Chart Vi A, Implementation Schedule, on the following page; add the years in as appropriate (2002, 2003 etc.) (Reproduce this format as nece~__~_,y.) Form EZ-2 Page 14 CHART VI A IMPLEMENTATION SCHEDULE GOAL: OBJECTIVE: CHART VI A IMPLEMENTATION SCHEDULE GOAL: OBJECTIVE: VI B. Redslons to the Implementation Schedule: Describe the process for regularly revising the implementation schedule including the involvement of those participants, agencies and organizations identified in the GOSAs and the implementation schedule. (Limit response to the space provided.) Form EZ-2 Page 17 VII A. Local Assurances and Authorizations: Used to certify the accuracy of the information provided by the applicant and to insure that the Program Regulations will be met. As the representative of the local governing body of City of Roanoke, I hereby certify that: (locality) The information in the Enterprise Zone application is accurate to the best of my knowledge. A public hearing was held by the aforementioned locality to solicit comments on this request for application amendment. Attach a copy of the public hearing advertisement and a copy of the public hearing minutes. Any local enterprise zone incentives proposed by the aforementioned locality in the Enterprise Zone application represents a firm commitment by the locality; It is understood that if at any time the aforementioned locality is unable or unwilling to fulfill a commitment to provide local enterprise zone incentives, or if no state enterprise zone incentives have been utilized within a five-year period, the zone shall be subject to termination. Darlene L. Burcham City Manager Chief Administrator Title Date important: All applications must include a certified resolution from the local governing body. If a joint application, include resolutions of each local governing body. Label the rasolutlon(a) as Attachment EZ-VlI-A. Joint applications must also include Joint Application Amendment Agreement (JA). (See Sect]on VIII.) Form EZ-2 Page 18 VillA. Instructions: Each jurisdiction participating in ajoint amendment application must complete the following form. This form insures that all jurisdictions are in agreement with the amendment being submitted by the jurisdiction acting as program administrator. JOINT AMENDMENT APPLICATION AGREEMENT As the certify 1. 2. 3. representative of the local governing body of that: (locality) , I hereby The aforementioned locality is in agreement with the other participating localities in filing this joint application; Any local enterprise zone incentives proposed by the aforementioned locality in this application represent a firm commitment; it is understood that if at any time the aforementioned locality is unable or unwilling to fulfill a commitment to provide local enterprise zone incentives listed in this application, the zone shall be subject to termination; and A public hearing was held on amendment application. to solicit comments on this (date) Chief Administrator Title Dste Important: All applications must include a certified resolution from the local governing body. Joint applications must include resolutions of each local governing body. Label this resolutlon(s) Attachment EZ-VlII-A. Form EZ-2 Page 19 01'11'1 lillllil.ll, ll?l~ll..~ I!~ llll ~: Il l l[l[i I ': IIIIIIBIIIIIBIJ~IJ."' II1 jj!~,:~;''~''~'' ltjjjj~ ~sions a rise nes APPLICANT LOCALITY: City of Roanoke__ Name of Zone: __Enterprise Zone Two and its Subzone Virginia Enterprise Zone #: __ 42__ Virginia Department of Housing and Community Development 501 North Second Street Richmond, Virginia 23219 (804) 371-7030 EZON E~dhcd.virqinia.qov www.dhcd.virqinia..qov A. Locality: City of Roanoke C. Chief Administrator: Darlene L Burcham, City M,c, lr B. Date: 2/23/05 Phone: 540-853-2333 D. Designated Contact Person: Linda Bass Phone: 540-853-2716 E. Address: 111 Franklin Plaza Suite 200 Roanoke, VA 24011 F. Check One: _x_Single Application Joint Application G. List other participating localities below: H. What was the last Annual Report submitted (for what reporting year)?_2003 I. Non-contiguous Sub Zone This zone currently has a non-contiguous sub zone, x Yes No This zone does not have a non-contiguous sub zone, but another zone in this locality has a non-contiguous subzone. Yes x No This amendment proposes to add a non-contiguous sub zone to this zone, .__Yes _x_No NOTE: Only one non-contiguous sub zone is allowed in a single locality, no matter how many zones the locality has. Form EZ-2 Page 2 II A. Purpose ot Amendment: Check the type of amendment and briefly explain why the amendment is being requested and what is to be accomplished by the approval. In this discussion, briefly describe how the enterprise zone modification fits into the Iocality's overall community and economic development strategy. (Umlt to one page.) __Boundary Addition __Boundary Deletion _x_ Incentive Amendment __ Goals/Objectives/Strategies/Actions The incentive regarding water, sewer and fire hookups must be modified due to the creation of the Western Virginia Water Authority as of July 1, 2004. The City no longer receives payments for these hookups. Those fees are paid to the Authority. With costs for these hookups no longer under the control of the City, it is imperative the City cap the charges. These grants, formerly called rebates, would be paid through the Industrial Development Authority of the City of Roanoke (IDA). "Retaining existing jobs and attracting new jobs are equally important factors in Roanoke's economic stability. Each relies not only on defining costs and benefits of doing business, but also on maintaining and selling the City and region as an attractive place to live and work. Similarly, enhancing Roanoke's livability requires the continuing expansion of personal wages and public revenues to pay for these critical amenities." This quote is from the first goal listed in the City's comprehensive plan known as Roanoke Vision 2001-2020. As part of this goal, the City developed certain policies, among them, "[u]nderutilized and vacant industrial sites will be evaluated and redevelopment encouraged", and "Roanoke wiJl encourage commercial development in appropriate areas (i.e., key intersections and centers) of Roanoke to serve the needs of citizens and visitors." By retaining the incentive, but capping the rates to those rates recently adopted by the Authority for 2005, the City will be meeting its obligations to new business construction in Enterprise Zone Two and its Subzone. ~ e~,.=~.to~:.~..i~a Form EZ-2 ,c...,~.~.~,.,a,,,~t Page 3 II B. Location and Boundaries: Provide a list of all 2000 U. S. Census tracts and block groups comprising the existing enterprise zone area and the zone areas to be added and/or deleted according to the census tracts in which they are located. If only a portion of a block group is included in the current area or area to be deleted, list the block group followed by an asterisk to indicate that it is a partial block. In a joint application, indicate the locality in which each block group is located. Existing Added Deleted II C. Population Characteristics: Use the 2000 Census data or data available from the Center for Public Service or the appropriate Planning District Commission. Data is requested for the current zone area, proposed zone area to be added and/or deleted. (See page 11 of the instruction manual.) ~ CURRENT PROPOSED PROPOSED TOTAL ZONE ADDITION DELETION 1. Total Population 2. Total Households 3. Total Civilian Labor Force 4. # of Civilian Labor Force Unemployed 5. % of Civilian Labor Force Unemployed 6. Median Household income: (Entire Jurisdiction) $ Zone Households with Incomes Below 80% of Medium Income: 7. Number: 8. Percent: Form EZ-2 Page 4 II D. Floor Vacancy Rate: Complete only if applicant chooses to meet the distress criteria requirement through the 20 percent floor vacancy rate in industrial and/or commercial property option. Commercial and industrial vacancy rates may be available through real estate firms but are not generally broken out by census tracts and block groups. Applicants choosing this option will have to have a survey and analysis of rates completed by the local Planning District Commission. 1. % 2. Source of Methodology: 3. Explanation of methodology: (Attach additional pages if needed.) II E. Land Area: If areas are NOT being added or deleted, leave this blank: Current zone size in acres Proposed addition size in acres Proposed deletion size in acres Total Acres Jurisdiction's total land area in acres Jurisdiction's total 2000 population II. F. Map Requirements: The following maps are required ONLY if adding or deleting ....... { Formatted: Bullets and Numbering boundaries. (See page 13 of the instruction manual.) Jurisdictional boundaries and major arteries must be identified and labeled on all maps. Any specific neighborhoods, industrial parks, commercial centers, or project areas that will be discussed in the amendment application should also be identified on the maps. The attached maps must be no larger than 11 by 17. 1. Map showing the existing zone area and proposed zone area boundaries to be added and/or deleted (see instructions) with a break down of existing land uses. Please indicate the current zone boundary with a solid line, the proposed expansion area with a dashed line. If an area is to be deleted please shade this area. Indicate on this map total zone acreage and the approximate number of acres devoted to each type of use (see instructions). Label this map EZ-2 Map 1. 2. Map of the existing zone and proposed zone area showing the boundaries of the existing zoning districts. Label this map EZ-2 Map 2. If there is zoning, include Map 2. ~ ezx~,,,~=~,,=~,,,~ Form EZ-2 ~c~,.~y ~-~,,m,~ Page 6 III A. Conditions In the Expanded Area: Briefly describe only the current conditions within the expanded enterprise zone area emphasizing economic, physical, and social factors that are unique. List any revitalization efforts that have been undertaken within the expanded zone area in the last five years. (Response limited to the space provided.) II1 B. B~nters to Ecanomlc Development end Revitalization: Briefly describe the barriers within the expanded enterprise zone area that have an impact on zone development and revitalization. Barriers can be physical (e.g. infrastructure, obsolescence of facilities, land availability, topographic); non-physical (e.g. image perception, crime rates, job skill levels, access to capital, market access); or organlzntional (e.g. economic development and marketing structures, financing institutions). (Response Ilmltod to the space prodded.) III C. Economic Development and Revitalization Opportunities: Briefly describe economic development and revitalization opportunities within the expanded enterprise zone area. Opportunities can be physical (e.g. updated infrastructure, shell building, available land and buildings); non-physical (e.g. skilled work force, access to capital); or organizational (e.g. economic development and marketing structures, financing institutions). (Response limited to the space provided.) IV A. Purpose of Boundary Deletion: Discuss the rationale for the decision to delete an area(s) from the existing zone. Identify the factors taken into consideration and discuss the benefit to the locality. Describe the process used to notify business and property owners and summarize results of the public hearing. Attach a copy of the minutes of the public hearing and a sample of the property/business owner notification. (Response limited to the space provided.) IV B. Impact of Boundary Deletion: identify the number and types of property and business owners and general impact. Discuss the impact of the decision on the revitalization efforts of the area to be deleted. Identify and discuss future plans for the area. (Response limited to the space provided.) Form EZ-2 Page 9 V A. Modiflcetlon of Existing Incentives: Discuss why the incentives are being modified and what aspect(s) are being changed such as the provider, limitation of availability or applicability, funding, or time period the incentive is being offered. Explain what information or research the modification is based on. For example: "A survey of zone businesses showed that only three of the 55 zone businesses had qualified for a local incentive in three years and this research supports the need for incentive modification." (Umit response to the space prodded.) AS of July 1, 2004, the City of Roanoke no longer has a water department or sewage treatment plant. Roanoke County and the City formed the Western Virginia Water Authority (WVWA) and on that date the WVWA assumed ownership of all such assets. All charges for water, sewer and fire connections are now paid to WVWA, not the City. WVWA has raised the rates once charged by the City to be more in line with the rates once paid by Roanoke County as of January 1, 2005. In some instances, the difference prior to WVWA's creation was as much as a quarter of a million dollars. Since the City no longer receives the revenue, we are proposing to set a flat connection fee per meter or line size equal to the recently adopted fee schedule which became effective on January 1, 2005. Grants through the IDA for up to this capped amount would still serve the purpose of increasing activity in the zone and not result in a fiscal hardship on the City. For comparison purposes, a county connection fee for water for a 5/8 inch meter was $3,190, while in the City, the amount was $1,170. When larger meters are involved, such as a 10 inch meter, the City charged $17,222 compared with the county's $701,140. Sewer connection fees for a 4 or 6 inch line in the City were $452.26, while the county charged from $82,020 to $184,420. Therefore, the City is proposing capping the fees at the new rate for 2005. The new capped figures are higher than the old rates and are set forth in Section V.D., page 12. V B. Deletion of Existing Incentives: Begin by identifying the total number of incentives being deleted. Next, identify the number of the incentive in the existing package that is being deleted and provide justification. (Use additional pages as The total number of local incentives being deleted is __ The following incentives are to be deleted: Number: Name: Justification: Form EZ-2 Page 10 Number: Name: Justification: Number: __ Name: Justification: Number: __ Name: Justification: V C. Replacement Incentives: List the replacement incentive(s) and discuss how the proposed local incentive(s) are equal or superior to those incentives that existed prior to the amendment either individually or as an entire package. (Use additional pages es Form EZ-2 Page 11 V D. Incentives: Provide information for new and existing incentives. Additional forms may be reproduced to accommodate all incentives. Identify new or revised incentives with an asterisk. Proposed Enterprise Zone Name: Incentive #, Name, and Description: Provider: City of Roanoke Grant for Fees for New Construction & Rehabilitation of Existing Buildings* Qualification Requirements: City grants through the iDA up to 100% of water, sewer Amount invested Grant Percentaaes subiect to maximum amt and fire hookup fees, after documentation of a permanent certificate of occupancy, for businesses undertaking new $1 million or more 100% construction or rehabilitation of existing buildings with an $900,000-999,999,99 90% investment of at least $t 25,000. The amount of such $800,000*899,999,99 80% grants shall be limited as set forth below: $700,000-799,999.99 70% Maximum Water Hookuo Grants based on size of hookup $600,000-699,999.99 60% 518" $1,500 3" $3,960 $500,000-599,999.99 50% %" $1,515 4" $12,300 $400,000-499,999.99 40% 1" $1,600 6" $14,010 $300,000-399,999.99 30% I '/=" $2,300 8" actual cost up to, but not to $200,000-299,999.99 20% exceed $20,043 $t25~000-f 99,999.99 10% 2" $2,500 10-12" actual cost up to, but not to Period of availability: exceed $22,079 Life of Zone Maximum Sewer Hookup Grants based on size of hookup 8/0-6" $1,800 Source of funds: 8" actual cost up to, but not to exceed $3,750 12" actual cost up to, but not to exceed $7,500 General Fund Maximum Fire Hookuo Grants based on size of hookup 4" $10,300 t0" $15,000 6" $10,800 12" actual cost up to, but not to exceed $22,250 8" $13,300 Financial Value of Incentive: Effective date: The value fluctuates depending on the investment. Grants 4/t/05 can be from $150 to several thousand dollars Exclusive to zone: x Yes [] NO, if no please explain how zone incentives will be addressed Incentive #, Name, and Description: Provider: Qualification Requirements: Period of availability: Source of funds: Financial Value of incentive: Effective date: Form EZ-2 Page 12 Exclusive to zone: [] Yes [] No, if no please explain how zone incentives will be addressed Form EZ-2 Page VI A. Identifying end Implementing amended goals, objectives, strategies end actions (GOSAs) for the enterprise zone: The purpose of amending GOSAs is to improve the Iocality's ability to identify, coordinate and maximize resources to address barriers to economic revitalization. (See Appendix E of the instruction manual for examples.) The implementation schedule helps to identify participants, agencies and organizations and establishes projected times for implementation and progress. Complete Chart VI A, Implementation Schedule, on the following page; add the years in as appropriate (2002, 2003 etc.) (Reproduce this format as necessary.) Form EZ-2 Page 14 CHART VI A IMPLEMENTATION SCHEDULE GOAL: OBJECTIVE: GOAL: OBJECTIVE: CHART VI A. IMPLEMENTATION SCHEDULE VI B. Revisions to the Implementation Schedule: Describe the process for regularly revising the implementation schedule including the involvement of those participants, agencies and organizations identified in the GOSAs and the implementation schedule. (Limit response to the space provided.) Form EZ-2 Page 17 VII A. Local Assurances and Authorizations: Used to certify the accuracy of the information provided by the applicant and to insure that the Program Regulations will be mat. As the representative of the local governing body of City of Roanoke, I hereby certify that: (locality) The information in the Enterprise Zone application is accurate to the best of my knowledge. A public hearing was held by the aforementioned locality to solicit comments on this request for application amendment. Attach a copy of the public hearing advertisement and a copy of the public hearing minutes. Any local enterprise zone incentives proposed by the aforementioned locality in the Enterprise Zone application represents a firm commitment by the locality; It is understood that if at any time the aforementioned locality is unable or unwilling to fulfill a commitment to provide local enterprise zone incentives, or if no state enterprise zone incentives have been utilized within a five-year period, the zone shall be subject to termination. Darlene L. Burcham City Manager Chief Administrator Title Date Important: All applications must include a certified resolution from the local governing body. If a joint application, include resolutions of each local governing body. Label the rasolutlonCs~ as Attachment EZ-VlI-A. Joint applications must also include Joint Application Amendment Agreement (JA). (See Section VIII.) Form EZ-2 Page 18 VIII A. Instructions: Each jurisdiction participating in a joint amendment application must complete the following form. This form insures that all jurisdictions are in agreement with the amendment being submitted by the jurisdiction acting as program administrator. JOINT AMENDMENT APPLICATION AGREEMENT As the representative of the local governing body of certify that: (locality) , I hereby The aforementioned locality is in agreement with the other participating localities in filing this joint application; Any local enterprise zone incentives proposed by the aforementioned locality in this application represent a firm commitment; It is understood that if at any time the aforementioned locality is unable or unwilling to fulfill a commitment to provide local enterprise zone incentives listed in this application, the zone shall be subject to termination; and A public hearing was held on amendment application. to solicit comments on this (date) Chief Administrator '~tle Date Important: All applications must include a certified resolution from the local governing body. Joint applications must include resolutions of each local governing body. Label this resolution(e) Attachment EZ-VlII-A. Form EZ-2 Page 19 Attachment 3 Currentlocalincentives are containedin: Ordinance No. 35820-041502 and Ordinance No. 36782-071904 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of April, 2002. No. 35820-041502. AN ORDINANCE amending Ordinance No. 33019-070196, adopted by City Council on July 1, 1996, which established certain local incentives for the area designated as Enterprise Zone Two in the City by modifying it to delete paragraphs 4 and 5 and substituting the paragraphs 4 and 5 set forth below to extend the incentive rebates set forth therein to include rehabilitation work in addition to new building construction and to modify the percent of rebates available and that such modified incentives will be applicable bom July 1, 2002 through June 30, 2007, and also modifying and/or extending certain funding limits in connection with certain local incentives in that ordinance; amending Ordinance No. 35414-061801, adopted by Council on June 18, 2001, which extended the availability of local incentives through December 3 I, 2003, by modifying it to extend such local incentives through June 30, 2007; adding a local incentive to provide limited funds for partial grants for the cost of certain building facade renovations only within Enterprise Zone One; authorizing the City Manager to apply to the Virginia Department of Housing and Community Development (VDHCD) for the approval of the above amendments and/or to take such fi~rther action as may be necessary to obtain or confirm those amendments; and providing for an emergency. WHEREAS, on July I, 1996, City Council adopted Ordinance No. 33019070196 approvin~ adopting, and establishing certain local incentives for the area designated as Enterprise Zone Two in the City of Roanoke, and which applied to a Subzone that was created by a boundary amendment authorized by Resolution No. 34024-092198, adopted by Council on September 21, 1998; and WHEREAS, on July 19, 1999, City Council adopted Ordinance No. 34412-071999, for the purpose of providing th,~ the local incentives established for the area designated as Enterprise Zone Two, including the Subzone of Two, shall also apply to the City's Enterprise Zone One as of July 19, 1999, and that the incentives in Enterprise Zone One would likewise apply to Enterprise Zone Two as of that date, except to the extent a local incentive was unique to a particular Enterprise Zone, and such ordinance will remain in effect for such purpose; and WHEREAS, Ordinance No. 35414-061801, adopted by City Council on June 18, 2001, provided that the local incentives made applicable to the City's Enterprise Zones would end on December 31, 2003, unless otherwise modified by Council, and Council now wishes to extend the applicable time period for such local incentives to be applicable to Enterprise Zones One and Two, including the Subzone of Two, bom December 31, 2003 through June 30, 2007, at which time such local incentives will end unless otherwise modified by Council. Provided, however, that the local incentives for Enterprise Zone One may terminate on December 31, 2003, if Enterprise Zone One is not extended by the Commonwealth of Virginia and terminates oia that date. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Ordinance No. 33019-070196, adopted by City Council on July 1, 1996, is hereby amended as follows: A. Paragraph number 4 is deleted effective July 1, 2002, and hereby replaced by the following paragraph number 4: (4) Any business firm undertaking new building construction and/or rehabilitation work within the City's Enterprise Zones shall be entitled to a rebate of up to 100% of water, fire, and sewer hookup fees based on appropriate and approved documentation of the amount of new building construction and/or rehabilitation investment of $125,000 or more undertaken by such business finn within such Enterprise Zones. All water, fire, and sewer hookup fees shall initially be paid in full by the business fu'm. Upon completion of the new building construction and/or rehabilitation work and upon proper documentation of the issuance of a permanent certificate of occupancy for the new building and/or proper documentation of completion of the rehabilitation work, the business firm may then apply for a rebate under this local incentive. Upon the City's 2 approval of the application, the business firm will receive a rebate from the City of the following percentage of water, fire, and sewer hookup fees the business f'mm previously paid (without interest) for such new building construction and/or rehabilitation work: Amount invested $1,000,000 or more 900,000 - 999,999.99 800,000 - 899,999.99 700,000 ~ 799,999.99 600,000 - 699,999.99 500,000- 599,999.99 400,000 - 499,999.99 300,000 - 399,999.99 250,000 - 299,999.99 125,000 - 249,999.99 0- 124,999.99 Percen~ 100% 9O% 80% 70°/0 60°/0 4O°/0 3O°/0 20% The effective date of the availability of this local amended incentive is July 1, 2002. This local incentive shall be available only for water, fire, and sewer hookup fees paid between the period of July 1, 2002 through June 30, 2007, at which time the local incentive will end, unless exten~led by Council. The City Manager shall establish appropriate roles and regulations necessary to implement this local incentive. It is the intent of this Ordinance that effective July 1, 2002, all rebates for this local incentive shall be controlled by this paragraph unless otherwise modified by Council. (B) Paragraph number 5 is deleted effective July 1, 2002, and replaced by the following paragraph number 5: (5) Any business fnm undertaking new building construction and/or rehabilitation work within the City's Enterprise Zones shall be entitled to a rebate of up to 100% of building permit and comprehensive development plan review fees paid based on appropriate and approved documentation of the amount of new building construction and/or rehabilitation investment of $25,000 or more undertaken by such business firm within such Enterprise Zones. All buildin8 permit and comprehensive development plan review fees shall initially be paid in full by the business firm. Upon completion of the new building construction and/or rehabilitation work and upon proper documentation of the issuance of a permanent certificate of occupancy for the new building and/or proper documentation of completion of the rehabilitation work, the business firm may then apply for a rebate under this local incentive. Upon the City's approval of' the application, the business firm will receive a rebate fi.om the City of'the following percentage of building permit and comprehensive 3 development plan review fees the business firm previously paid (without interest) for such new building construction and/or rehabilitation work: Amount Invested $100,000 or more 75,000 - 99,999.99 50,000- 74,999.99 25,000 - 49,999.99 0 - 24,999.99 Perc~ 100°.4 75% 50°.4 25% 0% The effective date of the availability of this local amended incentive is July 1, 2002. This local' incentive shall be available only for building permit and comprehensive development plan review fees paid between the period of July 1, 2(502 through June 30, 2007, at which time this local incentive will end, unless extended by Council. The City Manager shall establish appropriate rules and regulations necessary to implement this local incentive. It is the intent of this Ordinance that effective July 1, 2002, all rebates for this local incentive shall be controlled by this paragraph unless otherwise modified by Council. (C) The limitations on the total amount of funding to be provided for certain local incentives in the Ordinance in paragraphs 7, 8, 9, and 10 are hereby amended to reflect that such limitations on the total funding for any such local incentives shall be for a period consisting of a total of consecotive years, such as any consecutive five year period, that sueb local incentives are available and not for jnst a specific 5 year period or term as originally stated in the Ordinance. Furthermore, any appropriated funds not used during a particular risc, al year for any such local incentive may. be used for that local incentive in subsequent years. These provisions shall be applicable as long as any such local incentives are available, unless otherwise modified by Council. 2. Ordinance No. 35414-061801, adopted by Council on June 18, 2001, is hereby amended se that all references in the Ordinance to December 31, 2003, are hereby deemed to be amended and changed to read June 30, 2007, provided, however, that such local incentives for 4 Enterprise Zone One may terminate on December 31, 2003, ifEmerprise Zone One is not extended by the Commonwealth of Virginia and it terminates on that date. The intent being that the local incentives for the City's Enterprise Zones be extended as set forth hereinabove and in the City Manager's letter to Council dated April 15, 2002. 3. The Council hereby approves and adopts for the City's Enterprise Zone One only the additional local incentive set forth below: (A) The City will provide funds to the Industrial Development Authority of the City of Roanoke, Virginia, (IDA) so that the IDA can enhance economic development in Enterprise Zone One by providing facade grants of 33% of any building facade renovation costs for those facades in need of renovation that visually improves the facade (the principal face or bom ora budding) ora building within Enterprise Zone One up to a maximum of $25,000 per grant 'with a maximum yearly limit for all such grants of $100,000. The effective date for this local incentive is July 1, 2002, and it will extend bom that date through June 30, 2007, unless otherwise modified Council. Provided, however, that this local incentive may terminate on December 31, 2003, if' Enterprise Zone One is not extended by the Commonwealth of Virginia and it terminates on that date. Furthermore, any appropriated funds not used during a particular fiscal year for such local incentive may be used for that local incentive in subsequent yeara. (B) The City /VLanager is authorized to establish appropriate rules and regulations necessary to implement and administer this local incentive. 4. Council hereby certifies that it held a public hearing as required by the Virginia Enterprise Zone Program Regulations. 5 5. The local incentives and amendments set forth above and in the City Manager's letter dated April 15, 2002, are subject to approval by the V'DHCD and should any of them not be approved, those not approved will not become effective so that any prior measures, if any, on th~ particular matter, will stay in effect. 6. Any funding required for any such local incentives is subject to the appropriation of such funds by Council. 7. As amended, Ordinance No. 33019-070196, adopted July 1, 1996, and Ordinance No. 35414-061801, adopted June 18, 2001, are hereby affirmed and remain in full force and effect. 8. The City Manager is authorized to submit to the VDHCD all information necessary for approval or confirmation &the above amendments regarding local incentives and the addition ora local incentive, and to take such further action or to execute such further documents as may be necessary to meet other program requirements or to establish and administer the local incentives as set forth above. The City Clerk is authorized to execute and arrest any documents that may be necessary or required for the purposes as set forth above. 9. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance will be in full force and effect upon its passage. ATTEST: City Clerk. 6 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19~h day of July, 2004. No. 36782-071904. AN ORDINANCE approving, adopting, and establishing certain local incentives for the area designated as Enterprise Zone One A in the City of Roanoke; providing for an effective date; and dispensing with the second reading by title of this ordinance. WHEREAS, in June 2004, the Governor of Virginia designated as Roanoke's Enterprise Zone One A an area of approximately 1,702 acres located in the City of Roanoke as shown on a map of Enterprise Zone One A that was attached to the City's Enterprise Zone application, a copy of which is on file in the Office of the City Clerk, such Enterprise Zone to become effective retroactive to January 1, 2004; and WHEREAS, the City of Roanoke wishes to make certain local incentives available to the Enterprise Zone One A area, all as more fully set forth and described in a letter from the City Manager to Council dated July 19, 2004. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby approves and adopts the local incentives for the area designated as Enterprise Zone One A located in the City of Roanoke as more fully set forth in this ordinance and in the letter from the City Manager to Council dated July 19, 2004. 2. The City Manager is hereby authorized on behalf of the City to adopt and promulgate such roles and regulations and take such actions as may be reasonably necessary and consistent with this ordinance to implement such local incentives for the period of January 1, H:hMeasures\Emerpfise Zone One A 2004.doc 1 2004, through December 31, 2023, at which time these local incentives will end unless otherwise modified by Council. 3. The definitions set forth in Section 59.1-271 of the Code of Virginia (1950), as amended, as it now exists or may hereafter be amended shall apply to this ordinance. Also, the term "Enterprise Zone One A" shall refer to the area designated by the Governor of Virginia in June 2004, effective retroactive to January 1, 2004, as Enterprise Zone One A located in the City of Roanoke and as shown on a map attached to the City's Enterprise Zone application, a copy of which is on file in the Office of the City Clerk. 4. The City will provide funds to the Industrial Development Authority of the City of Roanoke, Virginia, (IDA) so that the IDA can enhance economic development in Enterprise Zone One A by providing facade grants of 33% of any building facade renovation costs for those facades in need of renovation that visually improves the facade (the principal face or front of a building or significant historical attachment that would contribute to the appearance of the building if restored) of a building within Enterprise Zone One A up to a maximum of Twenty- five Thousand Dollars ($25,000) per grant with a total yearly limit for all such grants of at least One Hundred Thousand Dollars ($100,000). The uses for such building are to be commercial, mixed-use commercial with no more than 80% of the building being used for residential purposes (hereinafter referred to in this ordinance as "mixed-use commercial"), or industrial use. The availability of this local incentive is from January 1, 2004, through December 31, 2023, at which time the Enterprise Zone One A designation will end, unless otherwise modified by Council. The City Manager shall establish appropriate rules and regulations necessary to implement this local incentive. H:\Measures\Entcrprisc Zone One A 2004.doc 2 5. Any business firm, property owner, or leaseholder authorized to make improvements, undertaking new building construction and/or rehabilitation work within the City's Enterprise Zone One A shall be entitled to a rebate of up to 100% of building permit and comprehensive development plan review fees based on appropriate and approved documentation of the amount of new building construction and/or rehabilitation investment of One Hundred Twenty-Five Thousand Dollars ($125,000) or more undertaken by such business finn, property owner, or leaseho]der authorized to make improvements, within Enterprise Zone One A. The uses for such building are to be for profit commercial, mixed-use comrnercial, or industrial. All building permit and comprehensive development plan review fees shall initially be paid in full by the business firm, property owner, or leaseholder authorized to make improvements. Upon completion of the new building construction and/or rehabilitation work and upon proper documentation of the issuance of a permanent certificate of occupancy for the new building and/or proper documentation of completion of the rehabilitation work, the business firm, property owner, or leaseholder authorized to make improvements may then apply for a rebate under this local incentive. Upon the City's approval of the application, the business firm, property owner, or leaseholder authorized to make such improvements will receive a rebate from the City of the following percentage of building permit and comprehensive development plan review fees the business firm, property owner, or leaseholder authorized to make improvements previously paid (without interest) for such new building construction and/or rehabilitation work: Amount Invested Percent City Rebates $1,000,000 or more $900,000-$999,999.99 100% 90% H:~4easures~Enlcrprise Zone One A 2004.doc 3 $800,000-$899,999.99 $700,000-$799,999.99 $600,000-$699,999.99 $500,000-$599,999.99 $400,000-$499,999.99 $300,000-$399,999.99 $250,000-$299,999.99 $125,000-$249,999.99 $0- $124,999.99 8O% 70% 60% 5O% 40% 30% 20% 10% 0% The effective date of the availability of this local incentive is January 1, 2004. The incentive shall be available only for building permit and comprehensive development plan review fees paid between the period of January 1, 2004, through December 31, 2023, at which time the Enterprise Zone One A designation will end, unless otherwise modifed by Council. The City Manager shall establish appropriate roles and regulations necessary to implement this local incentive. 6. Any business firm, property owner, or leaseholder authorized to make improvements, undertaking new building construction and/or rehabilitation work within the City's Enterprise Zone One A shall be entitled to receive a grant from the Industrial Development Authority of the City of Roanoke, Virginia (IDA) equal to an amount up to 100% of water, fire, and sewer hookup fees based on appropriate and approved documentation of the amount of new building constmction and/or rehabilitation investment of One Hundred Twenty- Five Thousand Dollars ($125,000) or more undertaken by such business firm, property owner, or H:LMeasures\Emerpfs¢ Zone One A 2004.doc 4 leaseholder authorized to make improvements within Enterprise Zone One A. The City will provide funds to the IDA for grants for this local incentive in order to enhance economic development in the area. The uses for such building are to be for profit commercial, mixed-use commercial, or industrial. All water, fire, and sewer hookup fees shall initially be paid in full by the business firm, property owner, or leaseholder authorized to make improvements. Upon completion of the new building construction and/or rehabilitation work and upon proper documentation of the issuance of a permanent certificate of occupancy for the new building and/or proper documentation of completion of the rehabilitation work, the business firm, property owner, or leaseholder authorized to make improvements may then apply for a grant from the IDA under this local incentive. Upon the approval of the application, the business firm, property owner, or leaseholder authorized to make improvements will receive a grant from the IDA of an amount equal to the following percentage of water, fire, and sewer hookup fees the property owner or leaseholder authorized to make such improvements previously paid (without interest) for such new building construction and/or rehabilitation work: Amount Invested $1,000,000 or more $900,000-$999,999.99 $800,000-$899,999.99 $700,000-$799,999.99 $600,000-$699,999.99 $500,000-$599,999.99 $400,000-$499,999.99 Grant Percent 100% 90% 8O% 70% 60% 5O% 40% H:LMeasures~Enterprise Zone One A 200zl.doc 5 $300,000-$399,999.99 $250,000-$299,999.99 $125,000-$249,999.99 $0- $124,999.99 30% 20% 10% 0% The effective date of the availability of this local incentive is January 1, 2004. The incentive shall be available only for water, fire, and sewer hookup fees paid between the period of January I, 2004, through December 31, 2023, at which time the Enterprise Zone One A designation will end, unless otherwise modified by Council. The City Manager shall establish appropriate rules and regulations necessary to implement this local incentive. 7. The City will provide funds to the Industrial Development Authority of the City of Roanoke, Virginia, (IDA) so that the IDA can enhance safety in Enterprise Zone One A by providing new, first time fire suppression system retrofit grants to a business firm, property owner, or leaseholder authorized to make improvements, but who is NOT required to install in its building a new, first time fire suppression system, but who chooses to install such a system in its building nonetheless. Each grant shall be for a period not to exceed five (5) years and shall be good only as long as such system is actively maintained. Such grants may be transferred to a new entity responsible for such charges upon notice to and approval by the City. Grants shall be in an amount equal to the following percentages of monthly fire service charges that have been paid: Year One -- 50% of monthly fire service charge Year Two -- 40% of monthly tim service charge Year Three -- 30% of monthly fire service charge H:XMeasure~Enterprise Zone One A 200a.doc 6 Year Four -- 20% of monthly fire service charge Year Five -- 10% of monthly fire service charge The City will also provide funds to the IDA for a grant equal to the amount of 100% of fire hookup fees to a business firm, property owner, or leaseholder authorized to make improvements, but who is NOT required to install in its building a new, first time fire suppression system as set forth above. The uses for such building for both grants are to be for profit commercial, mixed-use commercial, or industrial. The availability of this local incentive is from January 1, 2004, through December 31, 2023, at which time the Enterprise Zone One A designation will end, unless otherwise modified by Council. The City Manager shall establish appropriate roles and regulations necessary to implement this local incentive. 8. Neighborhood organizations wishing to promote civic pride within Enterprise Zone One A or in a census tract contiguous to such zone may be eligible for grants. The maximum grant per neighborhood organization will be Five Hundred Dollars ($500) per fiscal year. The total maximum amount the City will appropriate for this local incentive will be Two Thousand Five Hundred Dollars ($2,500) per fiscal year. The City Manager shall also establish neighborhood public park improvement grants that will be available to the City's Department of Parks and Recreation for making substantial improvements to neighborhood public parks within Enterprize Zone One A or in a census tract contiguous to such zone. The amount the City will appropriate for such grants will be at least Ten Thousdand Dollars ($10,000) per fiscal year. The of availability of this local incentive is from January 1, 2004, through December 31, 2023, unless otherwise modified by Council. The City Manager shall establish appropriate roles and regulations necessary to implement this local incentive. H:Wieasures\Enterpfise Zone One A 2004.doc 7 9. The City will provide funds to the Industrial Development Authority of the City of Roanoke, Virginia, (IDA) so that the IDA can enhance safety in Enterprise Zone One A by providing grants to businesses that, as a result of participating in the Roanoke City Police Depa/tment's Star City Business Watch program, have made improvements to their properties in order to improve security. The maximum grant will be the lesser of 50% of the actual out of pocket cost of the security improvements or Five Hundred Dollars ($500) per fiscal year. The amount the City will appropriate for this local incentive will be at least Two Thousand Five Hundred ($2,500) per fiscal year, The period of availability for this local incentive will be January 1, 2004, through December 31, 2023, unless otherwise modified by Council. The City Manager shall establish appropriate rules and regulations necessary to implement this local incentive. 10. Roanoke's Enterprise A. Job training grants will be provided to business firms within the City of Zone One A subject to the following conditions and restrictions: The City will provide funds to the Industrial Development Authority of the City of Roanoke, Virginia (fi)A) for any such job training grants for this local incentive. Only business firms qualified to receive job training assistance from the Virginia Department of Business Assistance (VDBA) may receive grants from the IDA; A business firm shall only be allowed to request a job training grant(s) under the local incentive program from the time it becomes eligible for VDBA assistance until six months after receiving assistance from the VDBA; The job training grants will be awarded to business firms in Enterprise Zone One A upon proper application and documentation of qualifying for and receiving VDBA workforce assistance; The amount of job training grants will be in an amount up to or equaling the amount of assistance the business firm is eligible for, as determined H:k/vleasures\Enterprise Zone One A 2004.doc 8 by the VDBA, but cannot, in conjunction with the VDBA assistance, surpass the need of the business firm. The job training grants provided by this local incentive are available from January 1, 2004, through December 31, 2023, unless otherwise modified by Council. The City Manager shall establish appropriate roles and regulations necessary to implement this local incentive. I 1. The limitations on the total amount of funding to be provided for any of the local incentives mentioned in this ordinance are intended to refer to the total funding that the City intends to commit for that particular local incentive for a particular entity and/or for a particular fiscal year, unless otherwise indicated in that local incentive. Any appropriated funds not used during a particular fiscal year for any local incentive may be used for that local incentive in a subsequent fiscal year and counted toward the subsequent fiscal year's limitation for such local incentive or added to that limitation, as the City may deem appropriate. Also, the funding for the grants and local incentives referred to in this ordinance are subject to appropriation of such funds by Council for each fiscal year. Furthermore, these provisions shall be applicable only as long as the local incentives are available as indicated in this ordinance, unless otherwise modified by Council. 12. This ordinance shall be in full force and effect retroactive to January 1, 2004, the retroactive date for which the Governor's designation applies for Enterprise Zone One A. 13. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. H:kMeasures\Enterpfise Zone One A 2004.doc 9 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times ................................................. + ........................ OFFICE OF ECONOMIC DEVELOPMENT SUITE 200 111 FRANKLIN PLAZA ROANOKE VA 24011 NOTICEOFPUBLICHEARIN REFERENCE: 80084300 05029032 State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Vir 'nia. Sworn and subscribed before me this ~r_~day of February 2005. Witness my hand and ~. seal. / ,~(~ ~ ~/~~-~ Notary Public - PUBLISI{ED ON: 02/07 02/14 647.68 02/14/05 TOTAL COST: FILED ON: Signature:__ illing Services Representative 9>5 NOTICE OF PUBLIC HEARING Notice is hereby given that the Council of the City of Roanoke will hold a public hearing on the matters set forth below at its regular meeting to be held on Tuesday, February 22, 2005, commencing at 7:00 p.m., local time, or as soon thereafter as the matters may be heard, In the Council Chambers 4m Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia. Further information is available in the Office of the City Clerk, (540)853- 2541, or from Linda Bass, Economic Development Specialist, (540)853-2715. Pursuant to the provisions of the Virginia Enterprise Zone Act, Sections 59.1-270, et. se__q., Code of Virginia (1950), as amended, the City of Roanoke proposes to make an application to the Department of Housing and Community Development for the matters s~t forth below. To amend the boundaries of Enterprise Zone One A. Such amendment proposes the addition of approximately 196.422 acres to Enterprise Zone One A and consists of property with the following City of Roanoke official tax map numbers: 4020317, 4021001, 4021027, 4021025, 4021024, 4021022, 4311201, 4030307, 4020920, 4021915, 4021934, 4021914, 4021016, 4021018, 4021019, 4022101, 4022104, 4022102, 4022103, and 4210215. Such additional property is contiguous to Enterprise Zone One A. To amend the Enterprise Zone One A local incentives for water, fire, and sewer hookup fees to place a maximum amount limit on the grants available for such incentives. To amend the Enterprise Zone Two and its Subzone local incentives to provide for the following: (A) to place a maximum amount limit on the grants (formerly rebates) available for water, fire, and sewer hookup fees and that such incentives be made by grants through the Industrial Development Authority of the City of Roanoke, Virginia; and (B) to extend the availability of all the local incentives, as amended, for Enterprise Zone Two and its Subzone from June 30, 2007, through December 31, 2015. A copy of maps and the draft letter to Council describing the proposed area of the Enterprise Zone One A amendment, a draft of the applications, and the proposed measures authorizing the applications and amendments are on file and may be reviewed by the public in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia 24011. All parties and interested citizens may appear on the above date and be heard on these matters. If you are a person who needs accommodations for this hearing, please contact the City Clerk's Office at (540)853-2541 before 12:00 noon on the Thursday before the date of the hearing listed above. GIVEN under my hand this 1st day of Feb. 2005. Mary F. Parker, City Clerk K:\NOTICE OF PUBLIC HEARING. doc 1 Note to Publisher: Please publish twice in The Roanoke Times, once on Monday, February 7, 2005, and once on Monday, February 14, 2005. Send Publisher's Affidavit Mary F. Parker, City Clerk 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 853-254I Send Bill to: Linda Bass, Economic Development Specialist Economic Development 111 Franklin Plaza, Suite 200 Roanoke, VA 24011 853-2715 K:\NOTICE OF PUBLIC HEARINO. doc 2 Notice to Publisher: Publish in the Roanoke Tribune once on Thursday, February 10, 2005. Send bill and affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 or.r., or Office of the City Clerk Mary F. Parker, CMC City Clerk February 28, 2005 File #28-192-433 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. 36985-022205 authorizing conveyance of a variable width easement on City-owned property known as the Roanoke Civic Center, identified as Official Tax Nos. 3024004 and 3014003, to Appalachian Power Company, for the purpose of extending an existing power line at the Roanoke Civic Center to provide electric service to the facility, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 22, 2005, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment Darlene L. Burcham February 28, 2005 Page 2 pc: Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget Philip C. Schirmer, City Engineer Sarah E. Fitton, Engineering Coordinator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of February, 2005. no. 36985-022205. AN ORDINANCE authorizing the conveyance of a variable width easement on City-owned property known as the Roanoke Civic Center, identified by Official Tax Nos. 3024004 and 3014003, to Appalachian Power Company, to extend an existing power line at the Roanoke Civic Center to provide electric service to that facility, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. WHEREAS, a public hearing was held on February 22, 2005, pursuant to §§15.2-1800(B) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard qn such conveyance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and City Clerk are hereby authorized to execute and attest, respectively, in form approved by the City Attorney, the necessary documents donating and conveying a variable width easement on City-owned property known as the Roanoke Civic Center, identified as Official Tax Nos. 3024004 and 3014003, to Appalachian Power Company for the extension of an existing power line to provide electric service to that facility, upon certain terms and conditions, as more particularly set forth in the February 22, 2005, letter of the City Manager to this Council. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com February 22, 2005 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 of Appalachian Power Company for Easement on City Owned Property at the Roanoke Civic Center Appalachian Power Company has requested a variable width utility easement across city owned property identified by Tax Map Nos. 3024004 and 3014003 to extend an existing power line on the above referenced site to provide electric service to that facility. The extension will utilize both overhead and underground lines, the location of which shall be approved by the City. See Attachments #1 & #2. Recommended Action(s): Following a public hearing, authorize the City Manager to execute the appropriate documents granting an easement as described above to Appalachian Power Company, approved as to form by the City Attorney. Respectfully submitted, Darlene~ City Manager DLB/SEF Attachments C; Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sarah E. Fitton, Engineering Coordinator #CM05-00014 MAP NO. 3780-254-D1 W.O. NO. PROPERTY NO. 1 JOB NO. EAS NO. ATTACHMENT #1 W001147601 05-10011 THIS AGREEMENT, made this day of ,2005, by and between the CITY OF ROANOKE, a municipal corporation existing under the laws of the Commonwealth of Virginia, herein called "GRANTOR," and APPALACHIAN POWER COMPANY, a Virginia corporation, herein called "APPALACHIAN." WlTNESSETH: THAT FOR AND IN CONSIDERATION of the sum of ONE DOLLAR ($1.00), the receipt of which is hereby acknowledged, the GRANTOR hereby gives license and permit to APPALACHIAN, its successors and assigns, and the right, privilege and authority to said APPALACHIAN, its successors and assigns, to construct, erect, operate, and maintain a line or lines for the purpose of transmitting electric power overhead and underground on the property of the City of Roanoke, further identified as Roanoke City Tax Parcel numbers 3014003 and 3024004 in the City of Roanoke, Virginia. BEING a right of way and easement, in, on, along, through, across or under said lands for the purpose of providing service to the Roanoke Civic Center, as shown on that certain Appalachian Power Company Drawing V-1545, dated 1-19-05, entitled "Proposed Right of Way on Property of City of Roanoke", attached hereto and made a part hereof. TOGETHER with the fight to said APPALACHIAN, its successors and assigns, to construct, erect, install, place, operate, maintain, inspect, repair, renew, remove, add to the THIS INSTRUMENT PREPARED BY APPALACHIAN POVVER COMPANY, P.O. BOX 2021, ROANOKE, VA 24022-2121 number of, and relocate at will, poles, with crossarms, wires, cables, transformers, guys, and anchors in, on, and under the premises above referred to; grounding systems and ail other appurtenant equipment and fixtures, underground conduits, ducts, vaults, cables, wires, transformers, pedestals, risers, pads, fixtures and appurtenances (hereinafter called "Appalachian's Facilities"), and string wires and cables, adding thereto from time to time, in, on, aiong, over, through, across and under the above referred to premises; the right to cut down, trim, clear and/or otherwise control, and at Appalachian's option, remove from said premises any trees, shrubs, roots, brash, undergrowth, overhanging branches, buildings or other obstructions which may endanger the safety of, or interfere with the use of Appalachian's Facilities: the right to disturb the surface of said premises and to excavate thereon: and the right of ingress and egress to and over said above referred to premises and any of the adjoining lands of the Grantors at any and all times, for the purpose of exercising and enjoying the rights herein granted, and for doing anything necessary or useful or convenient in connection therewith. The Grantor hereby grants, conveys and warrants to Appalachian Power Company a non-exclusive right of way easement for electric facilities. The location of such facilities shall be mutually agreed upon in advance by both parties. APPALACHIAN agrees to restore and repair any damage to GRANTOR'S property that may be caused by the construction, operation, or maintenance of said easement. The GRANTOR agrees that APPALACHIAN will not be expected to restore the property to the identical original condition, but rather as near thereto as is reasonably practicable. In the event APPALACHIAN should remove ail of said Appalachian's facilities from the lands of the GRANTOR, then all of the rights, title and interest of the party of APPALACHIAN in the right of way and license hereinabove granted, shall revert to the GRANTOR, its successors and assigns. APPALACHIAN agrees to indemnify and save harmless the GRANTOR against any and all loss or damage, accidents, or injuries, to persons or property, whether of the GRANTOR or any other person or corporation, arising in any manner from the negligent construction, operations, or maintenance, or failure to properly construct, operate, or maintain said Appalachian's facilities. TO HAVE AND TO HOLD the same unto Appalachian Power Company, its successors and assigns. Upon recordation of this agreement Appalachian accepts the terms and conditions contained therein. NOTICE TO LANDOWNER: You are conveying rights to a public service corporation. A public service corporation may have the right to obtain some or all of these rights through exercise of eminent domain. To the extent that any of the rights being conveyed are not subject to eminent domain, you have the right to choose not to convey those rights and you could not be compelled to do so. You have the right to negotiate compensation for any rights that you are voluntarily conveying. WITNESS the signature of the City of Roanoke by Darlene L. Burcham, its City Manager, and its municipal seal hereto affixed and attested by Mary F. Parker, its City Clerk pursuant to Ordinance No. adopted on CITY OF ROANOKE CITY MANAGER ATTEST: CITY CLERK STATE OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) I, , a Notary Public in and for the City and Commonwealth At Large, do certify that and City Manager and City Clerk, respectively, of the City of Roanoke, whose names as such are signed to the writing above, bearing date the day of ,2005, have each acknowledged the same before me in my jurisdiction aforesaid. Given under my hand this day of ,2005. My Commission Expires: Notary Public Attachment #2 !: AUO~T~RiUM N ROANOKE CIVIC CENTER CITY OF ROANOKE, VA T.O. 665020 MAP 5780-25401 PROPOSED RIGHT OF WAY ON PROPERTY OF CITY OF ROANOKE ~,,,~,,o ,,~. V-1545 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times ............................................. + ........................ ROANOKE CITY CLERK'S OFFICE 215 CHURCH AVE RM 4 ROANOKE VA 24011 REFERENCE: 80023382 05042980 NOTICEOFPUBLICHEARIN 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 _l~nVi 'nia. Sworn and s~bscribed before me this ~c~ Ofseal.February 2005. Witness my hand and / . PUBLISHED ON: 02/11 IN O~C~ OF I'~BLJ~ IIEAIII~ ' TO mira ff MAY ~liCiJl~ l TOTAL COST: ].61.92 FILED ON: 02/16/05 .............................................. + ........................ Authorized Signature: Billing Services Representative I? NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The City of Roanoke proposes to grant a variable width easement, on property known as the Roanoke Civic Center, identified as Official Tax Nos. 3024004 and 3014003, to Appalachian Power Company to extend an existing power line at the Roanoke Civic Center to provide electric service to that facility. The extension will utilize overhead and underground power lines. Pursuant to the requirements of§§ 15.2-1800(B) and 1813, Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting on Tuesday, February 22, 2005, at 7:00 p.m., or as soon thereafter as the matter may be heard in the Council Chambers, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, at which time citizens of the City shall be given an opportunity to appear and be heard by Council on the subject. Further information in the form of a letter to City Council dated February 22, 2005, is available from the Office of the City Clerk for the City of Roanoke at (540) 853-2541. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office (853-2541), before 12:00 noon on Thursday, February 17, 2005. GIVEN under my hand this 2nd day of February ,2005. Mary F. Parker, City Clerk. K:/NOTICES\N-APCOEASEMENT(CIVIC CENTER)022205 DOC Notice to Publisher: Publish in the Roanoke Times once on Friday, February 11, 2005. Send bill and affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W, Room 456 Roanoke, Xrnginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk February 28, 2005 File #249 Mr. and Mrs. Jessie Taylor 34 Gilmer Avenue, N. E. Roanoke, Virginia 24016 Dear Mr. and Mrs. Taylor: Your petition appealing a decision of the Architectural Review Board for a Certificate of Appropriateness with regard to property located at 32 Gilmer Avenue, N. E., was before the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 22, 2005. Based on evidence, testimony and documents, Council voted to affirm the decision of the City of Roanoke Architectural Review Board on December 9, 2004, that no Certificate of Appropriateness be issued to allow a metal carport at 34 Gilmer Avenue, N. E., to be constructed as requested in the Petition for Appeal, on the ground that the proposed shape, material and design of the carport would not be in keeping with the historic guidelines or character of the neighborhood. Sincerely, City Clerk MFP:ew Mr. and Mrs. Jessie Taylor February 28, 2005 Page 2 pc: Evelyn D. Bethel, Chair, Historic Gainsboro District, Inc., 35 Patton Avenue, N. E., Roanoke, Virginia 24016 Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Rolanda B. Russell, Assistant City Manager for Community Development Robert B. Townsend, Director, Planning, Building and Development Martha P. Franklin, Secretary, Architectural Review Board Anne S. Beckett, Agent, Architectural Review Board Robert A. Clement, Jr., Neighborhood Services Coordinator Neighborhood Partnership VIRGINIA; IN THE COUNCIL OF THE CITY OF ROANOKE IN THE MATTER OF PETITION FOR APPEAL This is a Petition for Appeal from a decision of the Architectural Review Board under Section 36.1-642(d) of the Zoning Ordinance of the Code of the City of Roanoke (1979), as amended. 1. Name of Petitioner(s): :~,~i¢~ '¢ //~,C~.,~ ¢.,¢_ :J/--- .'~~ 2. Doing business as (if applicable): 3. Street address of prope~y which is the subject of this appeal: ~ 4. Oveday zoning (H-l, Historic District, or H-2, Neighborhood Prese~ation District) of prope~y(ies) which is the subject of this appeal: g- 5. Date the hearing before the Architectural Review Board was held at which the decision being appealed was made: /~/~ ~/~ ~ 6. Section of the Code of the City of Roanoke under which the Cedificate of Appropriateness was requested from the Architectural Review Board (Section 36.1-327 if H-1 or Section 36.1-345 if H-2): ~¢, l- 3~ 7. Description of the request for which the Ce~ificate of Appropriateness was sought from the Architectural Reyiew Board: R~.M¢. ( ~ 9. Name, title, address and telephone number of person(s) who will represent the Petitioner(s) before C~ty ~ouncil; ~¢ ~ ~ / ~_ .% WHEREFORE, your Petitioner(s) requests that the action of the Architectural Review Board be reversed or modified and that a Certificate of Appropriateness be granted. Signature of Owner(s) (If not Petitioner): (print,-~r type) Signature of Petitioner(s) or representative(s), where applicable: Name: (print or type)' .z, -- Name: Name: (print or type) (print or type) TO BE COMPLETED BY CITY CLERK: Received by: Mary F. Parker, City Clerk Date: Jan. 4, 2005 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk January 6, 2005 Stephanie M. Moon,CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: I am enclosing copy of a Petition for Appeal filed by Jessie and Margret Taylor, in connection with a decision of the Architectural Review Board to deny issuance of a Certificate of Appropriateness with regard to property located at 34 Gilmer Avenue, N.E. The petition was filed in the City Clerk's Office on Wednesday, January 4, 2005. Section 36.1-642, Review Procedure, Code of the City of Roanoke (1979), as amended, provides that any property owner aggrieved by any decision of the Architectural Review Board may present to the City Council a petition appealing such decision, provided such petition is filed within 30 days after the decision is rendered by the Board. The Council shall schedule a public meeting and render a decision on the matter within 60 calendar days of receipt of the petition. Council may reverse or modify the decision of the Architectural Review Board, in whole or in part, or it may refer the matter back to the Board or affirm the decision of the Board. With the concurrence of Council, I will include the Petition for Appeal on the Tuesday, February 22, 2005, 7:00 p.m., City Council agenda. With kindest regards, I am Sincerely, Mary F. Parker, CMC City Clerk MFP:ew L:\CLERK~DATA\CKEWI~APPEALS TO THE ARB~APPEALS 2005\FEB 05\34 GILMER AVE NE JESSIE AND MARGRET TAYLOR.DOC The Honorable Mayor and Members of the Roanoke City Council January 6, 2005 Page 2 Enclosure pc: Jessie and Margret Taylor, 34 Gilmer Avenue, N. E., Roanoke, Virginia 24016 Jacki Canaday, President, Old Southwest, Inc. 424 Washington Avenue, S. W., Roanoke, Virginia 24016 Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Rolanda B. Russell, Assistant City Manager for Community Development Robert B. Townsend, Director, Planning, Building and Development Martha P. Franklin, Secretary, Architectural Review Board Robert A. Clement, Jr., Neighborhood Services Coordinator Neighborhood Partnership L:\CLE RK~DATA\CKEW I~APPEALS TO THE ARBV~,PPEALS 2005\FEB 05'G4 GILMER AVE NE JESSIE AND MARGRET TAYLOR.DOC CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk January 6, 2005 Stephanie M. Moon,CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: I am enclosing copy of a Petition for Appeal filed by Jessie and Margret Taylor, in connection with a decision of the Architectural Review Board to deny issuance of a Certificate of Appropriateness with regard to property located at 34 Gilmer Avenue, N.E. The petition was filed in the City Clerk's Office on Wednesday, January 4, 2005. Section 36.1-642, Review Procedu. re, Code of the City of Roanoke (1979), as amended, provides that any property owner aggrieved by any decision of the Architectural Review Board may present to the City Council a petition appealing such decision, provided such petition is filed within 30 days after the decision is rendered by the Board. The Council shall schedule a public meeting and render a decision on the matter within 60 calendar days of receipt of the petition. Council may reverse or modify the decision of the Architectural Review Board, in whole or in part, or it may refer the matter back to the Board or affirm the decision of the Board. With the concurrence of Council, I will include the Petition for Appeal on the Tuesday, February 22, 2005, 7:00 p.m., City Council agenda. With kindest regards, I am Mary F. Parker, CMC City Clerk MFP:ew L:\CLERK~DATA\CKEWI~APPEALS TO THE ARB~APPEALS 2005\FEB 05~4 GILMER AVE NE JESSIE AND MARGRET TAYLOR.DOC The Honorable Mayor and Members of the Roanoke City Council January 6, 2005 Page 2 Enclosure pc: Jessie and MargretTaylor, 34 GilmerAvenue, N. E., Roanoke, Virginia 24016 Jacki Canaday, President, Old Southwest, Inc. 424 Washington Avenue, S. W., Roanoke, Virginia 24016 Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Rolanda B. Russell, Assistant City Manager for Community Development Robert B. Townsend, Director, Planning, Building and Development Martha P. Franklin, Secretary, Architectural Review Board Robert A. Clement, Jr., Neighborhood Services Coordinator Neighborhood Partnership Evelyn D. Bethel, Chair, Historic Gainsboro District, Inc., 35 Patton Avenue, N.E., Roanoke, Virginia 24016 L:\CLERK~DATA\CKEW 1V~,PPEALS TO THE ARB'APPEALS 2005\FEB 05',34 GILMER AVE NE JESSIE AND MARGRET TAYLOR.DOC B. 1. (b) SUGGESTED MOTION TO AFFIRM THE DECISION OF THE CITY OF ROANOKE ARCHITECTURAL REVIEW BOARD AND TO DENY THE REQUEST FOR A CERTIFICATE OF APPROPRIATENESS TO ERECT A METAL CARPORT AT 34 GILMER AVENUE, N.E. of December 9, 2004, as set forth in a letter dated December 14, 2004, be affirmed and that no Certificate of Appropriateness be issued to allow a metal carport at 34 Gilmer Avenue, N.E., to be built as requested in the Petition for Appeal, on the ground that the proposed shape, material and design of the carport would not be in keeping with the historic guidelines or the character of the neighborhood." Or SUGGESTED MOTION TO REVERSE THE DECISION OF THE CITY OF ROANOKE ARCHITECTURAL REVIEW BOARD AND TO GRANT THE REQUEST FOR A CERTIFICATE OF APPROPRIATENESS TO ERECT A METAL CARPORT AT 34 GILMER AVENUE, N.E. "Based upon the evidence (testimony and documents) presented to this Council at today's hearing, I move that the decision of the City of Roanoke Architectural Review Board of December 9, 2004, as set forth in a letter dated December 14, 2004, be reversed and that a Certificate of Appropriateness be issued to allow a metal carport at 34 Gilmer Avenue, N.E., to be built as requested in the Petition for Appeal, on the ground that the proposed shape, material and design of the carport would be in keeping with the historic guidelines or the character of the neighborhood." K:'~ARB/MOT[ONS-34 GILMER AVE DOC Architectural Review Board Board of Zoning Appeals Planning Commission CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Ro~m 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning @ ci.roanoke.va.us February 22, 2005 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 Brenda L. McDaniel, Council Member Honorable Sherman Lea, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Jessie and Margret Taylor Appeal of Architectural Review Board Decision 34 Gilmer Avenue, N.E. Background: In July, 2004, Mr. Taylor requested a Certificate of Appropriateness for a metal carport at his residence at 34 Gilmer Avenue, N.E., which is within the H-2, Neighborhood Preservation District. Ms. Anne Beckett, Architectural Review Board Agent, met with Mr. Taylor at the property to discuss the project and arrange for the required design review. The Taylors live in a ca. 1910, two-story, Folk Victorian frame house that is clad in aluminum siding. The property is in good condition. Mr. Taylor owns an adjacent vacant lot and plans to combine the two lots before erecting the proposed carport. Staff advised Mr. Taylor that the metal carport would not be in keeping with the historic district guidelines and suggested a design that would be more compatible with the design of the house. Mr. Taylor investigated the ~ossibility, but maintained his original request. Mr. Taylor filed an application for a Certificate of Appropriateness for a metal carport, which was considered by the Architectural Review Board (Board) on August 12, 2004 (See Minutes: Attachment A). Leonard Carports manufactures the proposed carport that measures 12-ft. x 21-ft. x 7-ft. (See Application: Attachment B). The staff report recommended that a more compatible carport be considered because it did not meet the H-2 Guidelines or the intent of the historic district (Sec. 36.1-342 (b) Encourage new construction, or alterations that are compatible with the existing scale and character of surrounding properties). Board members expressed concern about the design of the carport and suggested that Mr. Taylor consider a permanent garage or a carport attached to the house. Mr. Taylor stated that he intended to build a garage later when finances allowed. Mr. Taylor stated that he needed the carport to protect his wife's new vehicle. The Board believed that the proposed design would not be compatible with the character of the historic district and requested that he work with staff for a better design. At the request of the applicant, the application was tabled until the September Board meeting. Mr. Taylor requested that the application be tabled again until the October Board meeting. At the October Board meeting, Mr. Taylor failed to appear. The Board decided to table the application until the November Board meeting. However, just prior to the November meeting, Mr. Taylor again requested that the matter be tabled until the December Board meeting for personal reasons. Mr. Taylor appeared before the Board at the December 9, 2004, meeting with the same request (See Minutes: Attachment C). The staff report recommended denial because the application was not consistent with the H-2 Guidelines or the intent of the historic district. The Board expressed concern again that the metal carport was not in keeping with the historic district guidelines or the character of the neighborhood because of its shape, material, and design. The motion to approve the application failed by a 0-6 vote. Mr. Taylor was formally notified of the denial and of his right to appeal to City Council by letter dated December 14, 2004. Mr. Taylor filed an appeal of the Architectural Review Board's decision on January 4, 2005 (Attachment D). Considerations: The H-2 Architectural Design Guidelines adopted by the ARB and endorsed by City Council state that the design and placement of accessory structures can have an important influence on a building's overall appearance. The guidelines further recommend the following be considered for accessory structures: · Adopt a compatible style or use design motifs of the original building. · Locate as inconspicuously as possible on the side or rear of building. · Choose materials that are compatible with the existing structure and are appropriate to the residential character of the historic district. · Use roofing forms and material that are compatible with those of the main building. Staff did not identify any other similar appeals to City Council or any recent applications for carports or any other accessory structures that are analogous to these circumstances. Recommendation: The Architectural Review Board recommends that City Council affirm its decision to deny the issuance of a Certificate of Appropriateness. Sinc~erely,o /~. / t ~o~b~e ~'~N. Ri~c~e ~~a n Architectural Review Board cc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney R. Brian Townsend, Director, Planning Building and Development Anne S. Beckett, Agent, Architectural Review Board Attachment A Architectural Review Board August 12, 2004 Page 8 the structure without having a Certificate of Appropriateness. She said that she thought lere had been some type of wood shingle on the back of the structure, she did not have her photographs with her to verify that. Mr. Carter said there the structure. asbestos shingles and not wood shingles on Mr. Harwood said there how to trim the doors and meet with Anne Becket to windows and doors. be a little bit of a question about dows and he suggested that Mr. Carter specifics on the trim around the Ms. Blanton said that she was a structure, and asked if it was an previously been altered. confused about the rear of the of something that had At the conclusion of discussion, Mr. the application of vinyl siding on the the exception that all existing doors and place (one door and six windows on rear window on side elevation) be trimmed with window/door casing that have the integral capping techniques above the door and siding on the blocked in opening on the rear made a motion to approve of the structure with ldows that are currently in and one door and one 4" exposure, solid vinyl use of creative t transom; application of :ion (currently covered with plywood), so that the trim actually wraps the six windows; siding to the right of the six windows will extend u the existing soffit; if there is an element above the head of the six wind( then the siding is to be extended across and abutting the soffit and removal of brick molding on the other side and installation of intec J channel over side door; and existing soffit and fascia to remain as is, )ainted. He also requested that Mr. Carter and Ms. Beckett meet to Iool t the integraIJ channel. The motion was seconded by Ms. Botkin ~ approved by a roll call vote of 4-0, as follows: Ms. Botkin - yes Mr. Harwood - yes Mr. Stephenson - yes Mrs. Blanton - yes Request from Marqret and lessie Taylor for a Certificate of Appropriateness approvinq a carport on vacant lot adiacent to 34 Gilmer Avenue, N.E. Ar~:hitectural Review Board August 12, 2004 Page 9 Members of the Board reviewed the request and believed that the proposed carport was too out of character for the historic district and suggested the applicant work with staff for a better design. Discussion by the Board centered on exploring other options for providing an alternative to the proposal, including a carport attached to the existing structure, or the creation of a detached garage in the rear yard of the property in the general location where two storage sheds are currently placed. In order for the alternatives to be considered further, the request was tabled by the Board at the request of the applicant. 9. Informal Review -Roanoke Valley Sister Cities for Siqnage Review of the proposed signage focused on the Board's comments regarding the complexity of the sign box and frame. The Board expressed no reservation about the proposed material, proportion of the sign, or its placement on the wall within the park as proposed. The Board felt that perhaps a plexi-glass sheet over the actual sign face could be utilized to protect the sign face from potential vandalism rather than the proposed bi-fold doors. The applicant will revisit some design alternatives prior to coming back to the Board for formal action at the September 9th meeting. Informal Review - National Reqister Nominations Motion was made, duly seconded and approved to support the nominations. Respectfully submitted: ~_-~-~ --~-*/~ _~___~z_ .... Martha P. Franklin, Secretary Roarlv'i~e Architectural Revie' rJoard Request for Certificate of Appropriatenes Date of Application: ROANOKE Property owner: Representative (contractor or agent): Planning Room 166Muncpa BU ding 215 Church Avenue, SW Roanoke, VA 24~11 Phone: (540) 853-1730 F~: (540) 853-1230 ARB Agent: Anne Beckett, CiW Planner II (540] 853-1522 Description of Work: include details of construction, dimensions, and the materials that will be used. Attach supporting information to the application (e.g. scaled drawing, photographs, and samples). Section below to be completed by staff Tax Parcel Number: Zoning District: __~::~¢_~.. Overlay district ['_~ H1 ~ H2 Other approvals needed: [] Zoning Permit [] Building Permit ~.~j Other' Approval By: I~ ARB [] Secretary Approved: Agent, Architectural Review Board Certificate Number: Attachment C Architectural Review Board Minutes December 9, 2004 Page 5 Request from Marqret and lessie Taylor for a Certificate of Appropriateness approvinq a carport on a vacant lot adiacent to 34 Gilmer Avenue, N.E. Mr. Taylor appeared before the Board and said that he wanted to erect a temporary carport until he had the funds to build a garage. Mr. Richert said that the Board did not have the authority to put a time limit on a temporary carport. Mr. Taylor said that his intention was to build a garage, but he could not tell them when. Mr. Harwood said that Mr. Taylor might have good intentions to remove the carport, but sometimes things happen that could possibly prevent the removal. He suggested that Mr. Taylor could use a temporary car cover until he made plans to construct a garage. Mr. Taylor said that a car cover was not a viable alternative because of the working hours of his wife. Ms. Beckett said that even though the carport was temporary, it was not in keeping with the district. Mrs. Blanton asked Mr. Taylor if he had looked into phasing the construction of a garage. Mr. Taylor again stated that he did not want to do that, but wanted to build the entire garage at one time. He said that he had looked at several carports and the ones that he wants to put up are not that much out of character with the house. He said he could get a carport that was the same color as his house. He also said that the carport size would be only for one car. Mr. Richert asked if there was anyone in the audience that would like to speak to the issue. There being none, Mr. Manetta Commented that the proposal was not compatible with the neighborhood. There being no further discussion, a roll call vote on the application was taken and the request was denied by a roll call vote of 0-6, as follows: Mr. Harwood - no Architectural Review Board Minutes December 9, 2004 Page 6 Mrs. Blanton - no Mr. Manetta- no Mr. Schlueter - no Mr. Stephenson - no Mr. Richert - no 5. Request from Norman and Paula Prince, represented by Vinton. ~ofinq, for a Certificate of Appropriateness approvinq roo~ reblacement at 550 Mountain Avenue, S.W. Mr. Richert ~vised that this request has been withdrawn. 6. Reques~ from William D. Gall for a Certificate of Appropriateness ~pprovir~ removal and/or replacement of two story porch addition ~t 536 EIr~ Avenue, S.W.. Ms Jennifer Lawrence (521 Elm Avenue) appeared before the Board on behalf of her father.~She said that her father wanted to save the porch, but was not sure that~could be done. She said th. at after all work was done, her father hopeo~he exterior would look tl~e same. Mr. Talevi asked for clarification on what was being requested. Mr. Richert said that it looked like there were two options: (1) remove the 1940 addition and restore the house back to the original 1912 configuration; or (2) restore the 1940s addition as to how it appeared before the demolition. Mr. Marietta said that he did not'have enough information in front of him to know what was being requested,. Mr. Talevi agreed and said that the a:pplication was not clear. Mr. Manetta said that it looked like it WO~uld take extensive repair to convert it back to a screened-in porch. He said that if the request was ute y for repair, he did not think it needed~0 come before the Board, Cut if Mr. Gall wanted to demolish the porch ahc~eave it off, then that was different. Ms. Becl~ett said that when she spoke with Mr. Gall he h~ told her he wanted to demolish the porch, so that was how the applica~!on began. Mr. Richert said that the Board wanted the right thing to be d~ne in this situation. He said that replacing or rebuilding different from the,griginal Rockydale Quarries Corporation, a Virg/nia corporation, owner of the property subject to this petition, hereby consents to this petition, including the voluntary proffers contained herein. ROCKYDALE QUARRIES CORPORATION 9 Attachment D VIRGINIA; IN THE MATTER OF IN THE COUNCIL OF THE CITY OF ROANOKE PETITION FOR APPEAL This is a Petition for Appeal from a decision of the Architectural Review Board under Section 36.1-642(d) of the Zoning Ordinance of the Code of the City of Roanoke (1979), as amended. Name of Petitioner(s): .%.5'~/ ~ Doing business as (if applicable): Street address of property which is the subject of this appeal: 3 ¢-/.~C¢ ~.m,c~m .,, / Overlay zoning (H-l, Historic District, or H-2, Neighborhood Preservation District) of property(les) which is the subject of this appeal: /-/- ] Date the hearing before the Architectural Review Board was held at which the decision being appealed was made: i--q-/~ ~/0 ¢ Section of the Code of the City of Roanoke under which the Certificate of Appropriateness was requested from the Architectural Review Board (Section 36.1-327 if H-1 or Section 36.%345 if H-2): ~/~, ]- ~.:)_ 7 Description of the request for which the Certificate of Appropriaten~gg_ess sought from the Architectural Re,view Board: ~rour]ds,for,appeal: '~7~'"AZ%n~w· We. Name, title, address and telephone number of person(s) who will ~epresent the Petitioner(s) before City Councilj WHEREFORE, your Petitioner(s) requests that the action of the Architectural Review Board be reversed or modified and that a Certificate of Appropriateness be granted. Signature of Owner(s) (If not Petitioner): (printer type) Signature of Petitioner(s) or representative(s), where applicable: (print or t~¥pe)' /' Name: Name: (print or type) (print or type) TO BE COMPLETED BY CITY CLERK: Received by: Date: