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HomeMy WebLinkAboutCouncil Actions 06-20-0537086-062005 ROANOKE CITY COUNCIL REGULAR SESSION JUNE 20, 2005 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order--Roll Call. (Mayor Harris was absent.) The Invocation was delivered by Council Member Alfred T. Dowe, Jr. The Pledge of Allegiance to the Flag of the United States of America was led by Vice-Mayor Beverly T. Fitzpatrick, Jr. Welcome. Vice-Mayor Fitzpatrick. NOTICE: Today's Council meeting will be replayed on Channel 3 on Thursday, June 23, 2005, at 7:00 p.m., and Saturday, June 25, 2005, at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE WEDNESDAY 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 W16A~.ROANOKEVA.GOV, CLICK ON THE ROANOKE CITY COUNCIL ICON, CLICK ON MEETINGS AND AGENDAS, AND DOWNLOAD THE ADOBE ACROBAT SOFT'WARE TO ACCESS THE AGENDA. ALL PERSONS WISHING TO ADDRESS COUNCIL ARE REQUESTED TO REGISTER WITH THE STAFF ASSISTANT WHO IS LOCATED AT THE ENTRANCE TO THE COUNCIL CHAMBER. ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH, HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLO'i-I'ED THREE MINUTES. ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMI'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 ACKNOWLEDGEMENTg: Presentation by the 2174th Family Readiness Group. Lori Frantz, Group Leader. A certificate with the following inscription was presented to the Members of Council and the City Sheriff by the Employer Support of the Guard and Reserve: · The National Committee for Employer Support of the Guard and Reserve recognizes Roanoke City Council and the 2 m C-1 C-2 Roanoke City Sheriff's Department as a Patriotic Employer for Contributing to National Security and Protecting Liberty and Freedom by Supporting Pa~!cipation in America's National Guard and Reserve Force. File #80-121-132 Presentation with regard to the Rebuilding Together - Roanoke program. Earl Saunders, President, and Edward M. Murray, Executive Director. A certificate with the following inscription was presented to the City of Roanoke by Roanoke Valley Rebuilding Together: "On Behalf of Grateful Homeowners Across the Roanoke Valley Rebuilding Together Would Like to Thank the City of Roanoke - Rebuilding Day 2005 Housing Sponsor." File #80-1 78-184 CONSENT AGENDA Approved (6-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. Minutes of the regular meeting of Council held on Monday, May 2, 2005, recessed until Wednesday, May 4, 2005, and Tuesday, May 10, 2005. RECOMMENDED ACTION: Dispense with the reading of the minutes and approve as recorded. A communication from Vice-Mayor Beverly T. Fitzpatrick, Jr., requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in the request. File #110-132 C-3 A communication from Alfred T. Dowe, Jr., Chair, City Council's Personnel Committee, requesting that Council convene in a Closed Meeting to discuss the annual performance of two Council-Appointed Officers, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in the request. File #132 c-4 A communication from the City Manager requesting that Council convene in aCIosed Meeting to discuss the acquisition of real property fora public purpose, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the City, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in the request. File #2-1 32 REGULAR AGENDA 4. PUBLIC HEARINGS: NONE. 5. PETITIONS AND COMMUNICATIONS: Remarks with regard to the Crystal Spring Avenue parking study. W. Jackson Burrows, Spokesperson. (Sponsored by Mayor C. Nelson Harris and Vice-Mayor Beverly T. Fitzpatrick, Jr.) A proposed plan for additional parking on Crystal Spring Avenue, S. W., between 22nd and 23rd Streets, was referred to the City Manager for study, report and recommendation to Council. File #20 6. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: · Civic Center Phase II 10 minutes · Upkeep of Roanoke River 20 minutes 4 ITEMS RECOMMENDED FOR ACTION: Acceptance of 2005-2006 Community Development Block Grant, HOME Investment Partnerships Program and Emergency Shelter Grant Program funds. Adopted Budget Ordinance No. 37086-062005 and Resolution No. 37087-062005. (6-0) File #60-178-236 Acceptance of the Virginia Opportunity Region Grant from the Virginia Economic Development Partnership; and appropriation of funds. Adopted Budget Ordinance No. 37088-062005 and Resolution No. 37089-062005. (6-0) File #60-236-450 Acquisition of certain property rights in connection with construction of a new Fire-EMS Station on Williamson Road, N. W. Adopted Ordinance No. 37090-062005. (6-0) File #70 Appropriation of funds from the Governor's Opportunity Fund in connection with the Maple Leaf Bakery Development Project at the Roanoke Centre for Industry and Technology. Adopted Budget Ordinance No. 37091-062005. (6-0) File #60-207-450 Appropriation of funds for the Downtown Family YMCA Aquatic Center and Greenways Development Projects. Adopted Budget Ordinance No. 37092-062005. (5-1 Council Member Wishneff voted no.) File #60-100-379 Appropriation of funds for vehicle repair and year-end close out needs. Adopted Budget Ordinance No. 37093-062005. (6-0) File #60 Execution of an Assignment of Agreement between the City of Roanoke, the Western Virginia Foundation for the Arts and Sciences and the Art Museum of Western Virginia; and execution of Amendments of Agreement between the City of Roanoke and the Art Museum of Western Virginia, in connection with design, development and construction of a new building or complex to house an Art Museum. Adopted Resolution No. 37094-062005. (6-0) File #416 Execution of an agreement with the Roanoke Valley Convention and Visitors Bureau to provide funds for marketing the Roanoke Valley as a convention and destination tourism site. Adopted Resolution No. 37095-062005. (6-0) File #293-336-398 Execution of lease agreements at First Campbell Square for the VlSSTA Area Training Center. Adopted Ordinance No. 37096-062005. (6-0) File #72-373 10. Approval of transfer and assignment of a Temporary Nonexclusive Revocable License Agreement between the City of Roanoke and KMC Virginia to TelCove, Inc., and/or TelCove of Virginia, LLC, upon certain terms and conditions, in connection with a telecommunications system or facilities in certain portions of the public ways within the City of Roanoke. Adopted Resolution No. 37097-062005. (6-0) File #322 11. Transfer of $1,740,000.00 in connection with the Southern Hills Drive - Street and Drainage Improvements Project. Adopted Budget Ordinance Nos. 37098-062005 and 37099-062005. (6-0) File #27-60-514 6 b. DIRECTOR OF FINANCE: A report transmitting a request of the School Board for appropriation of $300,000.00 for the Food Service Program, which represents additional costs incurred by the program throughout fiscal year 2005. Adopted Budget Ordinance No. 37100-062005 (6-0) File #60-467 7. REPORTS OF COMMITTEES: NONE. 8. UNFINISHED BUSINESS: NONE. 9. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 1 0. MOTIONS AND MISCELLANEOUS BUSINESS: Inquiries and/or comments by the Vice-Mayor and Members of City Council. Council Member Dowe acknowledged recipients of the B'nai Brith Athletic Achievement Awards which were presented on May 23, 2005. File #80-132 Council Member Dowe congratulated organizers of and participants in the American Cancer Society Relay For Life. He also commended organizers of and participants in the Miss Virginia Pageant which will be held in the City of Roanoke on June 20-25, 2005. He wished all fathers in the Roanoke Valley a belated and happy Father's Day. File #80-132 Council Member Wishneff requested that the City Manager investigate the feasibility of establishing a dog park in the City of Roanoke. File #54-67-132 Council Member Lea referred to the recent court ruling with regard to the methadone clinic on Hershberger and Cove Roads, N. W., and inquired as to future steps to be taken. The City Attorney responded that the City of Roanoke is not a party to the law suit and at some point an evidentiary hearing will be held to allow both parties in the case to present evidence that will enable the judge to rule on the motion before the court. File #76-132 Council Member Cutler advised that he represented the City of Roanoke at the Ribbon Cutting Ceremony for the new Roanoke Academy for Mathematics and Science on Sunday, June 12, 2005, and encouraged Roanoke's citizens to visit the facility. File #132-467 Council Member Cutler called attention to volunteer efforts by approximately 130 persons, representing a total of 1,738 hours of labor, to improve biking and hiking trails at the Carvins Cove Natural Reserve. File #132-379-468 Council Member Cutler congratulated Downtown Roanoke, Inc., for hosting "Movies in the Park" in Elmwood Park. File #80-132-277 Council Member Cutler referred to an article in the Sunday, June 19, 2005 edition of 7'he Roa/~o/ce T/me$ under the caption, '~/orking in the Shadows", with regard to day laborers in the City of Roanoke. He quoted a sentence from the article that referred to a "crack market" in the area of the main library in downtown Roanoke and asked that the City Manager investigate the statement and report to Council. File #76-132 b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. 1 1. HEARING OF CITIZENS UPON PUBLIC MA'I-I'ERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. MA'I-I'ERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. Mr. Shaheed Omar, 1219 Loudon Avenue, N. W., advised that he addressed Council at its meeting on Monday, April 18, 2005, with regard to the issue of police brutality and again addressed the Council on Monday, May 2, 2005, with recommendations for changes to the City's police complaint process. He expressed concern that to date, he has not received a response from the City. File #5 Mr. Jim Fields, 17 Ridgecrest Road, Hardy, Virginia, spoke in support of renovation of Victory Stadium and expressed concern that.the 4th of July celebration will not be held at Victory Stadium this year. If the City plans to spend $136,000.00 on improvements to the stadium for high school football, he suggested that another $150,000.00 be spent to repair seats and renovate rest-rooms. File #122-467 Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., advised that some time ago, pursuant to action taken by a previous Council, the Gainsboro community was targeted for urban renewal, and inquired if Gainsboro is still considered to be a redevelopment area. She referred to a previous statement that a dog park is under consideration for recommendation by City staff, yet several years ago, Gainsboro residents supported a play area for children which is included in the City's Comprehensive Plan as green space; however, recently they were advised that the space may be used for construction of houses. She called attention to the accumulation of trash in certain sections of the City where residents fill the large blue trash receptacles to capacity. She referred to weed and trash abatement violations and the appearance that some City inspectors earmark certain areas of the City to issue citations, while other areas of the City are ignored, therefore, she asked that there be consistency in enforcement activities throughout the entire City. She suggested that the City enact a "scoop the poop" program to help keep the City clean. File #5-67-144-1 78-447 Mr. E. Duane Howard, 1135 Wasena Avenue, S. W., advised that the Mill Mountain Star, which is one of the City's greatest tourist attractions, should be open to the general public 24 hours a day. He referred to proposed amendments to the City's Rental Inspec.t. ion Program which is scheduled to be heard at the Councd's 7:00 p.m. session and stated that the proposed ordinance will be ineffective in addressing Roanoke's rental properti.e.s an.d he would present further i.n. formation to substantIate h~s statement at the 7:00 p.m. pubhc hearing. File #67-402 12. CITY MANAGER COMMENTS: On a personal note, the City Manager advised that she recently became a grandmother for the fifth time with the birth of a baby girl. File #104 The City Manager advised that she serves on the Board of Directors of the Innovations Group and attended the recent Transforming Local Government Conference in Sarasota, Florida, at which time the City of Roanoke received theJ. Robert Howland Outstanding Achievement Local Government Innovation Award for the Solid Waste Management Roanoke Auxiliary Cab. File #104-144 The City Manager advised that a team of 72 City employees and their family and friends participated in the American Cancer Society's Relay for Life on June 17 - 18, 2005 and raised approximately $4,800.00. File #80-184 The City Manager advised that the Colonial Green site will be cleared for construction of new houses and infrastructure this week. File #178 In res.ponse to previous remarks made by Ms. Evelyn D. Bethel, the C~ty Manager advised that designation of the Gainsboro com. munity as a redevelopment area is still an de ' slgnat~on. She s.tated that the property referenced by Ms. Bethe. I for a park ~s owned by the Roanoke Redevelopment and Housing Authority, correspondence has been forwarded to a number of persons in the Gainsboro community, and a copy will be forwarded to Ms. Bethel. Insofar as designating the land as a play area, she advised that the City's Department of Parks and Recreation has encouraged use of another site which is more conducive to a play area for children. File #67-178 CERTIFICATION OF CLOSED SESSION. (4-0) Mayor Harris and Council Members Lea and Wishneff were absent. ROANOKE CI'I'Y COUNCIL REGULAR SESSION JUNE 20, 2005 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order -- Roll Call. (Mayor Harris was absent.) 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 Vice-Mayor Fitzpatrick. Welcome. Vice-Mayor Fitzpatrick. NOTICE: Tonight's Council meeting will be replayed on Channel 3 on Thursday, June 23, 2005, at 7:00 p.m., and Saturday, June 25, 2005, at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. 13 A. PUBLIC HEARINGS: Request of East Gate Church of the Nazarene to permanently vacate, discontinue and close a portion of 21st Street, N. E. James W. Conner, Head Trustee, Spokesperson. Adopted Ordinance No. 37101-062005. (6-0) File #514 Request of Warehouse 315 LLC to rezone property located at 315 Albemarle Avenue, S. E., from HM, Heavy Manufacturing District, to C-3, Central Business District. Donald L. Wetherington, Attorney. Adopted Ordinance No. 37102-062005. (6-0) File #51 Proposal of the City of Roanoke to amend Vision 2001-2020, the City's Comprehensive Plan, to include the Hollins/Wildwood Area Plan. R. Brian Townsend, Agent, City Planning Commission. Adopted Ordinance No. 37103-062005. (6-0) File #200-424 Proposal of the City of Roanoke to adopt a resolution authorizing the City to contract a debt and to issue general obligation public improvement bonds of the City, in the principal amount of $12,875,000.00, for the purpose of providing funds to pay the cost of the following capital improvement projects: Art Museum Project - $3,700,000.00, Public Parking Facilities - $2,600,000.00, Financial Information System Project - $2,600,000.00, and Acquisition of Land for Redevelopment - $3,975,000.00. Darlene L. Burcham, City Manager, and Jesse A. Hall, Director of Finance. Adopted Resolution No. 37104-062005. (6-0) File #53-21 7 Proposal of the City of Roanoke to amend the City Code to establish Rental Inspection Districts in order to comply with State Code regulations. Darlene L. Burcham, City Manager. Adopted Ordinance No. 37105-062005. (6-0) File #402 Proposal to convey City-owned property located at 5268 Aviation Drive, N. W., to the Roanoke Regional Airport Commission. Darlene L. Burcham, City Manager. Adopted Ordinance No. 37106-062005 and Budget Ordinance No. 37107-062005. (6-0) File #2-9-166 Proposal to convey certain City-owned property located on Luck Avenue, S. W., to the American National Red Cross in exchange for certain property owned by the Red Cross, in connection with the Downtown Parking Garage Project. Adopted Ordinance No. 37108-062005. (6-0) File #2-142-166 B. HEARING OF CITIZENS UPON PUBLIC MATYERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. Mr. Jim Fields, 1 7 Ridgecrest Road, Hardy, Virginia, advised that if the City spends over $136,000.00 for Victory Stadium improvements to accommodate high school football, the City could spend additional funds to renovate rest-rooms and locker facilit, ies. He stated that Victory Stadium is currently handIcapped accessible; and the second floor of the facility could be used for emergency medical services purposes and a museum honoring sports figures from the Roanoke Valley. File #122 Council arnended its policy to provide that the City Clerk is instructed to advertise for applications for vacancies on the City Planning Commission, Board of Zoning appeals, Architectural Review Board, Industrial Development Authority, Roanoke Regional Airport Commission and the Roanoke Redevelopment and Housing Authority, unless otherwise directed by the Council. File #9-51-1 78-200-207-249 The following persons were reappointed to boards and commissions: Roanoke Arts Commission File #1 10-230 Frank J. Eastburn, Susan W. Jennings, and Nelett H. Lor, for terms ending June 30, 2008. Roanoke Valley Greenways Commission File #110-379 Barry W. Baird for a term ending June 30, 2008. Roanoke Public Library Board File #110-323 Pamela S. White and Stanley G. Breakell for terms ending June 30, 2008. Court Community Corrections Program Regional Community Criminal Justice Board File #110-242 Julian H. Raney, Jr., and John B. Ferguson for terms ending June 30, 2008. Board of Trustees, City of Roanoke Pension Plan File #110-429 George F. Taylor for a term ending June 30, 2009. Roanoke Valley Convention and Visitor's Bureau File #110-293 Towing Advisory Board File #110-543 A. Morris Turner, Jr., and Barton W. Wilner for terms ending June 30, 2006. Robert R. Young for a term ending June 30, 2008. Mill Mountain Advisory Committee File #67-110 Richard Clark, Betty Field, Steven Higgs, Louise F. Kegley, Carl H. Kopitzke, Michael A. Loveman, E. C. Pace, III, and Eddie Wallace for terms of three years each, ending June 30, 2008. (By consensus, Council changed the terms of office from one year to three years.) l? CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com June 20,2005 The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: I would like to sponsor a request from Lori Frantz of the United States Army Reserve, for a presentation to Council of an award from the ESGR and Department of Defense for support of Soldiers who work for the City of Roanoke. Respectfully submitted, City Man~gerr~/nam DLB:sm C: City Attorney Director of Finance City Clerk C-1 ROANOKE CITY COUNCIL May 2,2005 9:00 a,m. The Council of the City of Roanoke met in regular session on Monday, May 2, 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 2-15, 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 Brian J. Wishneff, M. Rupert Cutler, Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., Sherman P. Lea, Brenda L. McDaniel, and Mayor C. Nelson Harris .............................................. 7. ABSENT: ..................................................... 0. The Mayor declared the existence of a quorum. SCHOOL TRUSTEES PRESENT: William H. Lindsey, Gloria P. Manns, Alvin L. Nash, Robert J. Sparrow, David B. Trinkle, and Kathy G. Stockburger, Chair---6, SCHOOL TRUSTEES ABSENT: Courtney A. Penn ...................... I. OFFICERS PRESENT: Representing the City of Roanoke: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; Mary F. Parker, City Clerk; George C. Snead, Jr., Assistant City Manager for Operations; and Rolanda B. Russell, Assistant City Manager for Development. Representing the Roanoke City School Board: Marvin T. Thompson, Superintendent (effective July 1, 2005); Doris N. Ennis, Acting Superintendent; Cindy H. Lee, Clerk to the School Board; Timothy R. Spencer, Assistant City Attorney and Legal Counsel to the School Board; Dr. Lou Talbutt, Executive Director for Student Support Services; and Crystal Y. Cregger, Executive Director for Support Services. k: ckwb l\drafts\O50205ins 1 The Mayor extended a welcome to the School Board, the new Superintendent of Schools Marvin T. Thompson, and administrative staff. COUNCIL-SCHOOLS: On behalf of the School Board, Chair Stockburger expressed appreciation for the opportunity to meet with Council. She officially introduced Marvin T. Thompson, Superintendent of Schools, effective July 1, 2005. Mr. Thompson expressed appreciation for a warm welcome to the Roanoke Valley. He stated that he was impressed with the School Board arid its vision and goals for Roanoke City Public Schools. He advised that when looking at the big picture, it is about the future for Roanoke's school system; therefore, certain systems and processes will be critical to shaping the future of tomorrow. The Mayor expressed appreciation to Acting Superintendent Doris Ennis for her service to the Roanoke City School system. He stated that Ms. Ennis has brought great leadership during a year of transition and the City appreciates her many years of service to the School system as a teacher, principal and Acting Superintendent. 2005 Hiqh School Football Venue: Chair Stockburger advised that the School Board supports the recommendation of the Superintendent and executive staff that efforts be made to secure Victory Stadium for all high school home football games in the fall of 2005. She submitted the following list of needs and specifications to closely emulate playing conditions that have existed in the past at Victory Stadium: 1. Provide locker room facilities for both teams in the National Guard Armory. 2. Erect a press box-- a. Three locations to provide space for announcing, filming the games, coaching (announcer and scorekeeper; home coaches' box and filming area; visitor coaches' box and filming area) b. Press box needs to accommodate a minimum of 20 people (40' x 6') c. PA system for use during games k: ckwbl Vtrafts~OSO2OSins 2 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Working scoreboard and 25 second play clocks. Wireless headsets for both teams (set up on two separate channels) Bleacher seating for 3,000 patrons Sideline benches for both teams (enough to seat 40 on each side) Upgrade lighting for field Provide modular port-a-john units for patrons Adequate fencing surrounding brick structure to ensure safety for all patrons Fence around playing field to separate players and patrons (there is a concern about having fans so close to the playing field) Yard line markers every ten yards and at goal line Access to water on sidelines Approval for high schools to run their own concessions on game nights The Mayor advised that at its meeting on Monday, April 18, 2005, Council directed the City Manager to begin making preparations for fall high school football season to be played on the field at Victory Stadium; and the City Manager has been in the process of making the necessary plans and has conferred with the Acting Superintendent of Schools. He stated that the School Board has submitted certain items for consideration in preparation for the opening of the Victory Stadium field for high school football this fall; certain minor details remain to be worked out and cost options will be presented by the City Manager later in the day for the Council's consideration. He commended both the City and the School administrations for working out many of the details. Chair Stockburger advised that she has informed her colleagues on the School Board of some of the nuances of needs expressed by athletic directors and coaches so that certain needs can be met at the most reasonable cost while not anticipating any permanent type actions. She stated that it is not believed that there will be any surprises financially or otherwise that should be of concern to Council or to the School Board. The City Manager advised that the above referenced immediate list of 13 needs and specifications went beyond what might be considered the norm to get ready for temporary football play at Victory Stadium and the Council will be asked to consider options later in the day that will range from $80,000.00 to $300,000.00+. She stated that football games will be played at Victory Stadium, the arrangement may be slightly different than in past years, but players will have the opportunity to play football on a good field. k: ckwbl \drafts\O502OSins 3 Council Member Lea inquired about item ].3: approval for high schools to run their own concession on game nights. The City Manager advised that the issue is a decision that will be made by the Council as it explores the various options; and, in the past, the City operated the concessions which provided a small revenue source to offset the cost of playing football at Victory Stadium, given the small amount of rent that is charged to the school system in comparison to expenses incurred. She stated that whatever option is selected by the Council for the temporary u~se of Victory Stadium, it will be necessary to contract with vendors to operate s'mall portable carts, regardless of whether concessions are managed by the City or by the School system. She added that expenses involved in getting Victory Stadium ready for football use should be considered by the Council before making a decision with regard to concessions. Chair Stockburger advised that she had previously inquired if it would be possible for the high school Boosters Clubs to operate Iow tech concession stands and furnish their own tables, prepackaged foods, etc., which would involve little or no overhead cost. She stated that another option could involve the Boosters Clubs contracting with concession vendors and the Booster's Clubs could share in a small percentage of the profits. Roanoke Academy for Mathematics and Science School - Proqress Report: The Chair advised that the School Board has actively monitored the progress of the new Roanoke Academy for Mathematics and Science Elementary School and expects the general contractor to perform its duties under the terms of the contract. She stated that in an effort to assist the general contractor in the completion of its duties, Roanoke City Schools secured the construction management services of J. M. Turner & Co., inc., to assist with project completion; the cost of the project will not exceed contract price; a moving date for staff and students will be announced once a certificate of occupancy is ~ obtained; and students will not move into the facility before SOL testing is completed on May 19, 2005, to ensure that the focus remains on instruction. It was noted that Roanoke Academy will be a state-of-the-art school; each classroom, including the media center and cafetorium, is equipped with a 27" television to broadcast educational programs; students will utilize mobile. computer labs that will provide for wireless Internet access, in addition to k: ckwbl~rafts~O50205ins 4 computer workstations in each classroom; teachers will have the ability to make PowerPoint presentations in the classrooms; the math lab, science lab and computer lab are equipped with interactive whiteboards which allow video and computer images to be projected; students can interact with the whiteboard using a stylus or their finger as a mouse; screen images can be captured and saved for review or future learning opportunities; and teachers can develop electronic lesson plans in advance to be used by substitute teaching staff should the need arise. Question was raised if a Clerk of the Works will be considered for major construction projects in the future; whereupon, Ms. Cregger advised that a similar type position is under consideration for the William Fleming High School Project; and the School system has successfully applied the approach of the architectural firm serving as the Clerk of the Works over 16 completed projects ranging from substantial renovations to various upgrades. She stated that with the size of the William Fleming High School project and the problems encountered with the RAMS construction, the concept will be considered since it has been successful in connection with the Patrick Henry High School construction. Safety/Discipline/School Uniforms: The Chair advised that recommendations from the School Safety/Discipline Task Force (May 21, 2004) include five (5) action arenas: 2. 3. 4. 5. Human Resources Development Leadership Policy and Operations Student Programs Staffing Communication and Collaboration Throughout the Roanoke Community. She stated that the Roanoke school district has accomplished numerous recommendations in the five arenas proposed by the Task Force; and major actions are summarized under each specific arena. Arena h Human Resource Development Human resources that affect schools have been expanded and developed. k: ckwbl \drafts\O50205ins 5 Staff training on the reporting and recording of discipline data continues to be conducted on a regular basis. For example, the Student Code of Conduct (Standards and Expectations for Student Behavior K-12) has been revised and disseminated to provide clear and consistent rules and policies. For example, discipline codes for infractions were illustrated in the publication to provide consistency in reporting and recording discipline. De-escalation Training was conducted and completed by March l, 2005 for staffs in all schools. Schools are reporting positive results. Youth Court has been established in both high schools resulting in over 53 students receiving disciplinary consequences other than out-of- school suspensions; thus, reducing out-of-school suspensions. Arena Ih Leadership Policy and Operations The policies and procedures are clear for student behavior and all administrators have set higher expectations for students. v' The School Board will take action on a dress code policy at the May Board meeting, which, if passed, will require all school handbooks to follow a consistent dress code with the requirements set forth in the Student Code of Conduct. Additionally, the Board is considering policies and regulations specifically addressing school uniforms pending approval at the May Board meeting. Policies will be in place that will allow individual schools to request permission from the School Board for uniform programs to begin as early as the fall semester of 2006. In order to receive Board approval, schools must meet all regulations including the support of 70% of their families. v' The DARE and SRO programs continue to be effective. The most recent program intervention by DARE is the gang prevention curriculum that is now in place at all elementary schools. The program also has a component dealing with bullying. v' Surveillance cameras have been added at William Fleming with upgrades for Addison and Ruffner now completed. Cameras for some elementary schools are still pending. k: ckwb l~rafls\050205ins 6 : Arena IIh Student Proqrams Various support programs for students have been implemented during the 2004-2005 school year. Conflict mediation programs have been implemented at all middle schools in the Roanoke City school system. These programs are being evaluated in terms of numbers of students participating and results from teachers and principals. Peer mediators will also be trained in all fourth and fifth grades in 2005-2006. The New Start program has been added to include special services for elementary students with serious behavioral problems not currently addressed in the regular classroom. Two classes were established in 2004-2005. Adolescent Uplift, Beyond Anger Management counseling, and New Beginnings continue to provide additional services for specific groups of students. ,/ Character Education and good citizenship programs continue in all schools through various programs and activities. Arena IV: Staffinq Staffing has been added to focus on safety, security, and prevention. Four additional guidance counselors have been added at the middle school level so each middle school will have two guidance counselors for 2005-2006 paid by the local budget. A Discipline Coordinator for Transportation has been added to serve as a liaison with parents, school staff and students regarding transportation issues. All security officers in Roanoke City Schools will be trained and will receive certification as school security officers prior to the 2005-2006 school year. Roanoke City school staff and the Police Department continue to conduct drug dog searches at each middle and high school twice a year (minimum). When schools suspect drug activity, additional searches are requested. k: ckwbl ~draffs\O50205ins 7 Arena V: Communication and Collaboration Throuqhout the Community Added staff has allowed Roanoke City Schools to focus on safety, security and prevention. ¢' Both high schools have increased supervision in hallways, cafeterias, common areas and locker rooms because of the seven-period day now in place. v' Parents, school resource officers and administrators serve on" the Discipline Data Review Team to better understand and assist in reporting discipline data for the school district. · / The School Board Safety Advisory Committee continues to promote the involvement of parents, school and community leaders regarding discipline and safety issues. ,/ The School Board Safety Advisory Committee appointed a sub-committee that developed the dress code policies and procedures presented to the School Board at the April Board meeting. Evaluations of the various programs continue with both hard and soft data presented to the School Board in quarterly reports. For example, logs are maintained on the numbers of students participating in Conflict Mediation and Beyond Anger Management, with teachers and staff reaction. It was noted that Roanoke City Schools is spending approximately $:~,555,023.00 for 2004-2005 on the various programs and activities above described; and the third quarterly discipline report in 2004-2005 compared to the third quarterly report in 2003-2004 showed a decrease of 34 per cent in the number of discipline incidents. Dr. Trinkle advised that a committee was formed to study the issue of school uniforms, to benchmark actions of other localities, and to review the City's policy; the City has no standardized school dress code, and every school has a different dress code; staff reviewed all dress codes and prepared a consistent dress code for each level of education which provides the opportunity for each individual school to add to or to change its dress code. He stated that it is believed that providing the option for a school uniform is k: ckwbl \drafts~O50205ins 8 warranted, although it is not the desire of the School Board to require a system-wide policy; and at an upcoming meeting, the School Board will consider the second reading on an action that will allow individual schools to opt for a school uniform policy within certain parameters that the school must identify as a reason for initiating the policy, and 70 per cent of the school's parents must vote for and approve implementation of the uniforms. Dr. Talbutt advised that a requirement of the school uniform policy is that each school will provide an opportunity for funding of uniforms for those families who cannot afford to purchase the clothing; participating schools will be required to submit their request in April of the prior school year, and once enacted, a school uniform program must be in place for at least three years in order to provide an opportunity to study the impact of uniforms on student discipline and achievement. She explained that alternative schools are exempt from the requirement because the Noel C. Taylor Learning Academy currently has a uniform policy. Council Member Lea referred to the Lynchburg School system where uniforms are required at certain middle and elementary schools and the School system is considering initiation of the program in all middle schools next year. He inquired if the City of Lynchburg was consulted as a part of Roanoke's study; whereupon, Dr. Trinkle advised that the committee looked at the Lynchburg school system, but primarily focused on the City of Norfolk and two other school divisions. Mr. Thompson advised that Roanoke City Public Schools has the largest magnet program of any school system in the state; when looking at the various communities they are indicatively singular to themselves, therefore, the approach that has been taken by the School Board to set standards and guidelines for each community to identify whether or not they wish to go in the direction of school uniforms. He stated that if the community is educated about what uniforms have done in other localities, they can make an informed and not a reactionary decision when they see the same research that the committee based its decisions on. He added that the concept involves collective thinking, Roanoke's schools are about a group of people with a collective agenda, and the process outlined by the School Board is solid. He recommended that the school system help to guide the process in such a way that the uniform policy is standardized for each community; and he would propose to further explore the issue in order to minimize any constraints that might be placed on the community as it moves forward. k: ckwbl\draffs\O502OSins 9 The Mayor expressed appreciation to the School Board for creating the option for a school uniform policy. He advised that it is hoped that some schools will take advantage of the option to participate because the community is interested in seeing if, over the three year period, a school uniform policy does, in fact, enhance discipline, test scores, and the learning environment, etc. Meetinq the Needs of Blue Ridqe Technical Academy (BRTA) Students: The Chair advised that a study group consisting of students, parents, School Board members, the Superintendent of Schools and a representative from the business community will meet to determine if there are feasible ways to maintain the program and provide a recommendation to the School Board by May 19, 2005. She noted that in the interim, a transition plan has been developed for students, parents, and staff that will meet the needs of students during the upcoming school year. In response to a question by Council Member Wishneff, the Acting Superintendent of Schools advised that the School Board wilt seek input from committee members to determine if the program can be left intact or moved to another location. She stated that although the program has not failed, there are certain issues in terms of accountability that are of concern to the Superintendent and executive staff. Mr. Thompson advised that the BRTA is in its second year of warning; the school has not met accreditation standards, overall reading level for students is below grade level, other data in terms of curriculum offerings cause concern, and the alignment of certain internal programs within the system have raised questions, both personally and professionally. He explained that' when looking at the population of students, staffing issues can be expensive and radical in terms of providing adequate staff. Council Member Wishneff advised that those students who have not done well in the traditional school setting have improved their performance at Blue Ridge Technical Academy. He expressed disappointment that the program may be terminated without any kind of transition and that parents were allowed to read about proposed changes in the newspaper. k: ckwbl~rafts\O50205ins 1 0 Chair Stockburger advised that the matter has become an emotional issue and the School Board is striving to look at the issue quantitatively; those students who appear to the parents to be performing well at Blue Ridge are those students who are happy at school, but may not be high performers, and when considering the current amount of dollars expended on the program, students should be passing at 100 per cent. School Accreditation: The Chair advised that the Virginia Department of Education's implementation of the Standards of Quality has been supportive and ongoing through the use of visiting Academic Review Teams that provide technical assistance to help schools develop Three-Year School Improvement Plans designed to achieve full accreditation; Roanoke City Public Schools now has schools warned in one or more areas and have received assistance in developing School Improvement Plans; eight of the 15 schools receive Title 1 funds and must also meet the additional requirements of Adequate Yearly Progress (AYP) under the Federal No Child Left Behind Act; six of the 15 schools are rated as Tier 3 which means that they made AYP and/or were within !4 points of passing; and these schools revised their current plans and will not require a follow-up visit by the Academic Review Team. She explained that seven of the other nine schools received a full Academic Review, which requires a Three-Year Improvement Plan and a follow- up visit from the Academic Review Team; two of the nine Tier I schools are participating in the Governor's Turnaround Academy; and principals of these schools are being trained to become Turnaround Specialists, they are working with their staffs and they are not required to work with an Academic Review Team. Chair Stockburger reported that the Standards of Quality regulations state that in the year 2005-2006 and beyond, a school will be Accredited with Warning in a specific area or areas for no more than three consecutive years if the school had previously been fully accredited in that area or areas; the school would have three years to implement a State approved improvement plan; and the Roanoke City School System will not know until after the May 2005 SOL tests are completed how many of its schools may qualify for this rating. k: ckwbl ~drafts\O50205ins 1 1 · She added that based on a school's performance ending in 2006 and beyond, a school shall be rated Accreditation Denied if it fails to meet the SOL test benchmarks for Full Accreditation - except for schools rated in Warning as previously noted; the Standards of Quality require that if one-third or more of the schools are denied accreditation, the local school board shall evaluate the superintendent and a copy of the evaluation will be sent to the State Board of Education; and schools that have never been fully accredited by the end of 2006 may apply to the State to be rated Near Accreditat/on/A School in Improvement if the following criteria apply: 1. Meet the required 75 per cent pass rate in English for Grades 3 and 5. 2. Sixty per cent of all students tested must pass the other three core areas. 3. In each area not fully accredited, the pass rate must have increased by at least 25 per cent when compared to the 1999 test scores. The Chair explained that a school rated under these conditions must show improvement each year and be fully accredited by 2009; although all of the schools have improved by more that 25 per cent in mathematics, science, and history, it is unlikely that any of the City's schools not yet accredited would meet the other two criteria by June 2006; and when schools are denied accreditation, the Superintendent may take any number of actions that may include, but are not limited to: 2. 3. 4. 5. Appoint a new principal Replace or reassign teachers Modify the curriculum or introduce a new program Request further technical assistance from the state Honor requests for student transfers (required under NCLB for Title 1 Schools) Provide supplemental tutorial services (required under NCLB for Title 1 Schools) Expand after-school instructional programs Provide professional development opportunities. The Acting Superintendent advised that accreditation teams from the State have been instrumental in coming to Roanoke and working with the school system in a non-threatening way in order to offer constructive criticism. k: ckwbl ~rafts\OSO205ins 1 2 Mr. Thompson advised that the State utilizes standard procedures and Standards of Quality which include eight areas and the City of Roanoke implements those areas in every school. He stated that the first step is to begin to set up systems where schools become aware of the eight areas and begin to implement them in a consistent manner through community input and ' individual leadership. He stated that leadership will be required and the capacity of individuals to do those things will be weighted and measured for accountability; and in order to provide a sound foundation, additional staff may be required. Chair Stockburger presented a brochure entitled, Roanoke City Public Schools, Discovering The Wea/th In Every Student. Lessons Learned from the Roanoke Academy (RAMS) Proiect: The Chair advised that the School Board has established an approach to construction by utilizing the project architectural firm for contract administration and a Roanoke City Public School construction supervisor to monitor progress at the job site; this approach has allowed the School Board to successfully complete 16 school renovation projects since ].989; this approach was also utilized for building the new Roanoke Academy for Mathematics and Science; many project delays associated with Roanoke Academy resulted from staff changes within the general contractor's organization and were beyond the control of the School Board; every legal protocol has been followed to move the project toward completion; and the City's Building Commissioner and staff, the Assistant City Attorney, central administration staff, the Superintendent and the School Board have worked together to resolve project issues and to ensure that the facility is safe and inviting for students. She added that contract delays with regard to Roanoke Academy and the success of the construction management approach which has been used to construct the new Patrick Henry High School are justifications to consider formal "Clerk of the Works" arrangements for new construction projects and extensive renovation projects; and utilization of this approach will be considered as planning for the new William Fleming High School begins. Proqress report on Combininq City/School Administrative Functions: k: ckwbl~rafts\O50205ins 13 The purchasing, accounts payable and technology departments of both the City and the School Board are working together to implement a new financial software package; for the first time, the School Board and the City will utilize the same purchasing software and share a consolidated vendor database; the project has been ongoing since July 2004 and the system will go live on July 5, 2005; meetings have been held with the School's Maintenance Department and the City's Parks and Recreation Department to address playground safety and discuss playground maintenance; additionally, quarterly meetings are held with staff from both organizations to coordinate shared facilities under the Joint Use Agreement; meetings are productive in identifying ways to assist each other and use resources wisely; the District recently published a Request for Proposal (RFP) to establish a district-wide copier contract, which the City can utilize once the contract is awarded; the district- wide office supply contract is under negotiation for renewal; and areas identified for future consolidation/partnering include employee uniforms, cell phones, vehicles, towing services, janitorial supplies and printing paper. Ms. Cregger advised that for the budget year commencing July :~, the School Board approved a survey of the pay scale for classified employees and will work with the City to review salaries of all classified employees to ensure that job descriptions are competitive with other school districts. She stated that the study will also include the City and the Schools pay system in order to address the issue of employees moving back and forth between the City and the School system. On July 5, she advised that the City and the Schools will implement a joint financial system; for the first time, the schools will share a data base of vendors under the procurement system with the. City; any time the School system advertises for vehicles, it consults with the City's Fleet Management Department to determine if the City has equipment needs in order to take advantage of combined buying power; other areas of joint cooperation include grant writing/grant opportunities; and the Human Resources Department is currently reviewing the City's postings, tracking and online job applications in an effort to streamline school procedures. Council Member Wishneff inquired as to the feasibility of appointing a committee consisting of two Members of Council, two Members of the School Board and City and School administrative staffs to review consolidation of k: ckw~l~drafts\O502OSins 14 services; whereupon, the Mayor advised that the matter could be discussed at future monthly meetings of the Mayor, School Board Chair, City Manager and Superintendent of Schools. He referred to a list of other City/Schools functions that have previously been suggested for review following arrival of the new Superintendent of Schools. Now that the new Superintendent has been appointed, he suggested that the issues be revisited and that a report be submitted to the Council and to the School Board with regard to a proposed plan of action. Council Member Wishneff suggested that the question of Schools administrative office space be added to the list for consideration. The Mayor encouraged the Members of Council and the School Board to submit additional ideas for consolidation of City and School programs. Vice-Mayor Fitzpatrick advised that both respective bodies should move in the direction of leaders in their own right, and leadership requires that the Council and the School Board work together and select those issues that should be addressed. He stated that the City Manager and the Superintendent of Schools could begin to work on many of the issues and provide leadership on how to move forward. The City Manager advised that it is important for the Council and the School Board to create policy direction for their respective administrative staffs in order to move in the various directions. She stated that it has been clear over the past ].2 months that there is support for the two administrative staffs to work together to improve efficiencies and effectiveness within the two systems which ultimately may free up dollars that could be allocated to education and to other City services. She called attention to employees within the City and the School system who move back and forth between the two systems because both systems have the same retirement plan, therefore, she encouraged the School Board at an early point to weigh in on the issue because that, in addition to a salary comparison, could have a bearing on employees who move back and forth between the two organizations. Chair Stockburger advised that it would be helpful when reviewing overlapping or redundancy of classified positions to have a quantitative figure of those persons moving from the City to the School system and vice versa. She asked if either system has conducted a task analysis of what employees are actually doing that would provide hard data on where there is redundancy in the two systems. k: ckwblldrafts\O50205ins 1 5 The Mayor advised that the topic could be addressed in the monthly meetings of the Mayor/Chair and City Manager/Superintendent. Clarification on the Meals Tax: The Mayor advised that the City's recommended 2005-2006 Fiscal Year Budget contains a recommendation to increase the meals tax by one per cent as a way to prepare for meeting the debt service on a number of City projects, the largest of which a.t this point is the William Fleming High School renovations. Council/School Board Retreat: Chair Stockburger advised that the School Board requests a four to six hour productive retreat with the Members of Council. The Mayor suggested that the matter be discussed as a part of the future monthly meetings of the Mayor/Chair and City Manager/Superintendent and over the next 30 to 60 days, he asked that Council and the School Board give consideration to specific agenda items for discussion; and the new Superintendent of Schools could provide a State of the Schools report outlining proposed future accomplishments. Council Member Wishneff suggested a joint discussion on neighborhood schools, housing and economic development. Council Member Cutler suggested that representatives from various components of the community such as the Central Council Parent Teacher Association and the Roanoke Valley Chamber of Commerce be included in the retreat to provide input on various issues. Chair Stockburger spoke to the advantage of engaging the services of an experienced facilitator for the retreat. Council Member Dowe suggested that the Council/School Board "buddy system" be reviewed. Fiscal year 2005-2006 School Budget: The Mayor advised that Council was previously briefed on the recommended 2005-2006 School budget. k: ckwbl~drafts\O50205ins 1 6 / The Acting Superintendent advised that the School administration will submit recommendations to the School Board for the expenditure of approximately $600,000.00 in additional funds that were allocated to the school system. On behalf of the School Board, she expressed appreciation for the additional funds. The City Manager advised that it would be appropriate over the next 12 months to review the School/City funding formula and how the funding formula should be developed in the future. Additional Comments by Council/School Board: Inasmuch as the four year term of office of Robert J. Sparrow will expire on June 30, 2005, the Mayor expressed appreciation to Mr. Sparrow for his service on the School Board. Council Member Dowe advised that as long as there is a critical mass of people who have a passion for children, team work will continue to be maintained and increased. He stated that he is excited about the transition to the new Superintendent of Schools who will bring a skill set to the City and to the School system that will be expedient and timely and he looks forward to a fruitful working relationship between Council and the School Board. Chair Stockburger expressed appreciation for the positive working relationship that exists between the Council and the School Board which is not taken for granted by the School Board. At 10:45 a.m., Chair Stockburger declared the meeting of the School Board adjourned. ITEMS LISTED ON THE 2:00 P.M., COUNCIL DOCKET REQUIRING DISCUSSION/CLARIFICATION, AND ADDITIONS/DELETIONS TO THE 2:00 P.M. AGENDA: NONE. TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL: The Mayor called attention to the unveiling of the new information kiosk on the second floor of the Noel C. Taylor Municipal Building on Tuesday, May 3, 2005, at 1:30 p.m., and advised that a press conference will be held at the same time to announce formation and membership of the new Multi-Cultural Commission. k: ckwbl~rafts\O50205ins 17 COMMITTEES-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 Section 2.2-3711 (A)(1), Code of Virginia (lg50), as amended, was before the body. Vice-Mayor Fitzpatrick moved that Council concur in the request of the Mayor to convene in Closed Meeting as above described. The motion was seconded by Council Member McDaniel and adopted by the following vote: ' AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel, and Mayor Harris .......................................... 7. NAYS: None .................................................. 0. CITY COUNCIL: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss acquisition of real property for public purposes, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (lg50), as amended, was before the body. Vice-Mayor Fitzpatrick moved that Council concur in the request of the City Manager to convene in Closed Meeting as above described. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel, and Mayor Harris .......................................... 7. NAYS: None .................................................. 0. CITY COUNCIL: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss acquisition of real property for public purposes, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended, was before the body. k: ckwbl~draffs~O50205ins 18 Vice-Mayor Fitzpatrick moved that Council concur in the request of the City Manager to convene in Closed Meeting as above described. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel, and Mayor Harris .......................................... 7. NAYS: None .................................................. 0. At :10:55 a.m., the Mayor declared the Council meeting in recess to be reconvened immediately following a meeting of the Audit Committee at :11:00 a.m. The Council convened in Closed Session at :12:00 noon in the Council's Conference Room, Room' 45:1, Noel C. Taylor Municipal Building, with all Members of the Council in attendance. The Council meeting reconvened at 1:30 p.m., in the Council's Conference Room, Room 451, Noel C. Taylor Municipal Building, with all Members of the Council in attendance, Mayor Harris presiding. COUNCIL: With respect to the Closed Session just concluded, Council Member Cutler 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 Council Member McDaniel and adopted by the following vote: AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel and Mayor Harris ................................................... 7. NAYS: None .................................................. 0. COMMITTEES-YOUTH: The Mayor advised that the three year terms of office of Abbi Fitzpatrick, Sherman P. Lea, Jr., and James H. Smith, as members of the Youth Services Citizen Board will expire on May 31, 2005, and there is a vacancy on the Board created by the resignation of Lylburn D. Moore, Jr.; whereupon, he called for nominations to fill the vacancies. k: ckwbl~d raffs\O50205ins 1 9 Council Member Dowe placed in nomination the names of Abbi FitZPatrick, Sherman P. Lea, Jr., James H. Smith and Antwan Lawton. There being no further nominations, Ms. Fitzpatrick, Mr. Lea and Mr. Smith were reappointed and Mr. Lawton was appointed as members of the Youth Services Citizen Board for terms ending May 31, 2008, by the following vote: FOR MS. FITZPATRICK AND MESSRS LEA, SMITH AND LAWTON: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel and Mayor Harris ............................................................ 7. COMMITTEES-COMMUNITY PLANNING: The Mayor advised that the three year term of office of M. Rupert Cutler as a member of the Roanoke Valley/Allegheny Regional Commission will expire June 30, 2005, and there is a vacancy on the Commission created by the resignation of Jennifer L. Pfister term ending June 30, 2006; whereupon, he called for nominations to fill the vacancies. Council Member Dowe placed in nomination the names of M. Rupert Cutler and Robert H. Logan, III. There being no further nominations, Mr. Cutler was reappointed for a term ending June 30, 2008, and Mr. Logan was appointed to fill the unexpired term of Jennifer L. Pfister, resigned, ending June 30, 2006, as members of the Roanoke Valley/Allegheny Regional Commission, by the following vote: FOR MESSRS CUTLER AND LOGAN: cOuncil Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel and Mayor Harris ....................... 7. COMMI'i-fEES-FIFTH pLANNING DISTRICT COMMISSION: The Mayor advised that the three year terms of office of M. Rupert Cutler and Sherman A. Holland as members of the Roanoke Valley Area Metropolitan Planning Organization will expire on June 30, 2005, and called for nominations to fill the vacancies. Council Member Dowe placed in nomination the names of M. Rupert Cutler and Beverly T. Fitzpatrick, Jr. k: ckwb l\draffs~O50205ins 20 There being no further nominations, Messrs. Cutler and Holland were reappointed as members of the Roanoke Valley Area Metropolitan Planning Organization for terms ending June 30, 2008, by the following vote: FOR MESSRS CUTLER AND HOLLAND: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel and Mayor Harris ................. 7. NEIGHBORHOOD ORGANIZATIONS: Robert A. Clement, Jr., Neighborhood Coordinator, presented a briefing on neighborhood activities which are planned for the month of May, 2005. He presented a pamphlet describing the various neighborhood activities, and, on behalf of the neighborhood organizations, he extended an invitation to the Mayor and Members of Council to attend neighborhood events which range from a block party in Greater Raleigh Court, to a 24 block yard sale in Airlee Court, to a workshop at the City's Main Library on restoration of historic homes. At :~:40 p.m., the Mayor declared the Council meeting in recess until 2:00 p.m., in the Council Chamber, 215 Church Avenue, $. W., City of Roanoke, Virginia. The regular meeting of the Roanoke City Council reconvened at 2:00 p.m., on Monday, May 2, 2005, in the Roanoke 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 Brian J. Wishneff, M. Rupert Cutler, Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr.(arrived late), Sherman P. Lea, Brenda L. McDaniel, and Mayor C. Nelson Harris ................................. 7. ABSENT: None ............................................... 0. 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. k: ckwbl ~draffs~O50205ins 21 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: ACTS OF ACKNOWLEDGMENT-DECEASED PERSONS: Council Member Dowe offered the following resolution expressing sympathy upon the passing of Julian F. Hirst, a former City Manager of Roanoke, on Sunday, Februar~ 27, 2005: (#37029-050205) A RESOLUTION memorializing the late Julian F. Hirst of Norfolk, Virginia, a former City Manager of Roanoke. (For full text of Resolution, see Resolution Book No. 69, Page 360.) Council Member Dowe moved the adoption of Resolution No. 37029- 050205. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members Wishneff, Cutler, Dowe, Lea, McDaniel, and Mayor Harris ............................................................ 6. NAYS: None .................................................. O. (Vice-Mayor Fitzpatrick was not present when the vote was recorded.) The Mayor presented a ceremonial copy of the above referenced measure to Ms. Jane Hirst Green, daughter of Mr. Hirst. The Mayor called for a moment of silence in memory of Mr. Hirst. ACTS OF ACKNOWLEDGMENT: Council Member Lea offered the following resolution paying tribute to Dr. Belinda Childress Anderson, the first female . president of Virginia Union University: (#37030-050205) A RESOLUTION paying tribute to Dr. Belinda Childress Anderson, the first female president of Virginia Union University, one of the nation's oldest historically black colleges. k: ckwb l~lrafts\O50205ins 22 (Fdr full text of Resolution, see Resolution Book No. 69, Page 361.) Council Member Lea moved the adoption of Resolution No. 37030- 050205. The motion was seconded by Council Member Dowe and adopted by the following vote: AYES: Council Members Wishneff, Cutler, Dowe, Lea, McDaniel, and Mayor Harris ............................................................ 6. NAYS: None .................................................. O. (Vice-Mayor Fitzpatrick was not present when the vote was recorded.) The Mayor advised that a ceremonial copy of the above referenced resolution will be forwarded to Dr. Anderson. PROCLAMATIONS: The Mayor presented a proclamation to Erin Hofberg, Program Manager, Ride Solutions, declaring Friday, May 6, 2005, as Clean Commute Day. PROCLAMATIONS-TOURISM: The Mayor presented a proclamation to David Kjolhede, Executive Director, Roanoke Valley Convention and Visitor's Bureau, declaring the week of May 7 - :~5, 2005, as National Tourism Week. ARMORY/STADIUM: The Mayor advised that at 4:00 p.m., the Council would receive a report of the Stadium Study Committee transmitting the Committee's recommendations with regard to Victory Stadium. 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. MINUTES: Minutes of the regular meetings of Council held on Monday, March 7, 2005, and Monday, March 21, 2005, were before the body. (For full text, see Minutes on file in the City Clerk's Office.) Council Member Cutler moved that the reading of the minutes be dispensed with and that the minutes be approved as recorded. The motion was seconded by Council Member Lea and adopted by the following vote: k: ckwbl~d rafts\O50205ins 23 AYES: Council Members Wishneff, Cutler, Dowe, Lea, McDaniel, and Mayor Harris ............................................................ 6. NAYS: None .................................................. 0. (Vice-Mayor Fitzpatrick was not present when the vote was recorded.) AUDIT COMMI'I-rEE: Minutes of a meeting of the Audit Committee which was held on Monday, April 4, 2005, were before the body. The following internal audits were discussed: Clerk of the Circuit Court, Commissioner of the Revenue, and Police Department Cash Funds. Council Member Cutler moved that the reading of the minutes be dispensed with and that the Minutes be approved as recorded. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Wishneff, Cutler, Dowe, Lea, McDaniel, and Mayor Harris ............................................................ 6. NAYS: None .................................................. 0. (Vice-Mayor Fitzpatrick was not present when the vote was recorded.) OATHS OF OFFICE-COMMI3-rEES-ROANOKE REGIONAL AIRPORT COMMISSION: A report of qualification of J. Granger Macfarlane as a member of the Roanoke Regional Airport Commission, for a term ending March 9, 2009, was before Council. Council Member Cutler moved that the report of qualification be received and filed. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Wishneff, Cutler, Dowe, Lea, McDaniel; and Mayor Harris ............................................................ 6. NAYS: None .................................................. 0. (Vice-Mayor Fitzpatrick was not present when the vote was recorded.) _REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: NONE. k: ckwbl\drafts/050205ins 24 REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: See pages 41 - 77. ITEMS RECOMMENDED FOR ACTION: BUDGET-GRANTS-COMMUNITY PLANNING: The City Manager submitted a communication advising that in order to receive Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grant (ESG) funding, the City of Roanoke must submit a five-year Consolidated Plan and Annual Updates to the U. S. Department of Housing and Urban Development (HUD); and substantial amendments to the plan must undergo a 30-day public review and must be approved by City Council. It was further advised that under the current plan, $700,000.00 in CDBG and HOME funds are designated for the Northwest Neighborhood Environmental Organization (NNEO) "Fifth Street Gateway Project" and $200,000.00 for "Independent Housing for Special Needs;" NNEO has requested that the City's multi-year $2.35 million commitment, which includes the $700,000.00, be redesignated for the Roanoke Redevelopment and Housing Authority (RRHA), which will manage the project; such action entails a substantial amendment to the plan; and authorization for a contract with the Housing Authority to implement the redesignated use will be submitted to Council under a separate report. It was explained that the $200,000.00 for special needs housing was established in the 2003-2004 Annual Update to the present plan to assist with development of a group home facility; a specific project to implement the funds has not been identified through two consecutive budget cycles and its continued undesignated status adversely affects expenditure timeliness compliance; and redesignating funds for other uses also constitutes a substantial amendment. With respect to NNEO funding, it was advised that there is mutual agreement among NNEO, the Housing Authority and the City regarding the need to redesignate the funds; and the City has supported the Housing Authority's application for tax credits to assist with financing of the project, which is now to be known as "Park Street Square." With regard to special needs housing funding the City Manager further advised while the redesignation will assist in managing compliance, funds will be used for housing activities in the 2005-2006 period, including those serving special needs; the City remains committed to its support of such housing; k: ckwbl \drafts\O50205ins 2 5 included in the new plan are objectives to assist approximately 115 units of special needs housing, with as much as $1.3 million in CDBG and HOME funds to be devoted to such purposes over the coming five years; and group home facilities or other approaches can be considered. It was explained that the required 30-day public review period for the .. amendments was advertised on April 2, 2005, with comments due by the close of business on May 2, 2005; notice of amendments was also provided to members of the Roanoke Neighborhood Advocates; and no objections to the amendments have been received to date. The City Manager recommended that Council approve the above described amendments to the Consolidated Plan, such amendments to take effect upon, and provided that no compelling objections have been received by conclusion of the public review period; and that Council transfer $700,000.00 in CDBG and HOME funds from NNEO Fifth Street Gateway accounts to accounts for the RRHA Park Street Square Project, as follows. $200,000.00 from NNEO 035-G04-0420-5309 to RRHA 035-G04-0420-5428 $250,000.00 from NNEO 035-G05-0537-5309 to RRHA 035-G05-0520-5428 $241,388.00 from NNEO 035-090-5312-5309 to RRHA 035-090-5312-5428 $ 8,612.00 from NNEO 035-090-5325-5309 to RRHA 035-090-5325-5428 Council Member Dowe offered the following budget ordinance: (#37031-050205) AN ORDINANCE to transfer CDBG and HOME funds from the Fifth Street Gateway project to the Park Street Square project, 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 363.) Council Member Dowe moved the adoption of Ordinance No. 37031- 050205. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members Wishneff, Cutler, Dowe, Lea, McDaniel, and Mayor Harris ............................................................ 6. NAYS: None .................................................. 0. (Vice-Mayor Fitzpatrick was not present when the vote was recorded.) Council Member Cutler offered the following resolution: k: ckwbl~drafts~O50205ins 26 (#37032-050205) A RESOLUTION authorizing the appropriate City officials to execute an amendment to the Consolidated Plan for FY 2000-2005, providing for the redesignation of Community Development Block Grant and HOME Investment Partnerships funds to the Roanoke Redevelopment and Housing Authority, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 69, Page 363.) Council Member Cutler moved the adoption of Resolution No. 37032- 050205. The motion was seconded by Council Member Dowe and adopted by the following vote: AYES: Council Members Wishneff, Cutler, Dowe, Lea, McDaniel, and Mayor Harris ............................................................ 6. NAYS: None .................................................. O. (Vice-Mayor Fitzpatrick was not present when the vote was recorded.) GRANTS-HOUSING/AUTHORITY-COMMUNITY PLANNING: The City Manager submitted a communication advising that on February 17, 2005, the City received notice from the Northwest Neighborhood Environmental Organization (NNEO) that due .to various circumstances it could not continue or complete the "Fifth Street Gateway" project; NNEO's notice also requested that $2.35 million in CDBG and HOME funds committed by the City to the project over several fiscal years be reassigned to the Roanoke Redevelopment and Housing Authority (RRHA) on February 23, 2005, the City received a letter from the RRHA stating that NNEO had requested that the RRHA assume the position of General Partner and Developer for the project; the RRHA indicated a willingness to take on the role and advised that the Housing Authority anticipated filing a tax credit application for the project, which would continue under the name of "Park Street Square," and requested reallocation of CDBG and HOME funds; and the Housing Authority has since filed the application and is waiting for results of the selection process. It was further advised that of the $2.35 million in CDBG and HOME funds committed to the project, $700,000.00 has been appropriated and is the limit of funds to be made available until the next installment, on or about July 1, 2006; however, of the $700,000.00, the City has stipulated that no more than $125,000.00 may be accessed by the Housing Authority prior to award of tax credits; a contract authorized by Council to be entered into between the City and the RRHA is required to provide access to the $125,000.00 and, upon award of tax credits, the balance of the $700,000.00; and as part of the tax credit financial structuring, the RRHA is expected to receive the funds in the form of minimally-interest-bearing loans, which the Housing Authority will use through its nonprofit arm, the Roanoke Valley Housing Corporation. k: ckwbl \drafls\OSO205ins 27 .. It was noted that the Agreement contains a mutual indemnification clause in which both parties agree to indemnity the other for damages and expenses incurred as a result of the other party's conduct; and the effect of the clause is that the City would be waiving its defense of sovereign immunity in certain circumstances. The City Manager recommended that she be authorized to execute the 2004-2005 CDBG/HOME Agreement with the RRHA, to be approved as to form by the City Attorney. Council Member Cutler offered the following resolution: (#37033-050205) A RESOLUTION authorizing the appropriate City officials to execute the 2004-2005 Community Development Block Grant and Home Investment Partnership Program Agreement with the Roanoke Redevelopment and Housing Authority to provide access by the Roanoke Redevelopment and Housing Authority to funds for the "Park Street Square" project, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 69, Page 364.) Council Member Cutler moved the adoption of Resolution No. 37033- 050205. The motion was seconded by Council Member Dowe. A communication from Carl D. Cooper, Chair, Roanoke Neighborhood Advocates (RNA), advising that on April 18, 2005, the RNA adopted the position that no development project should commence in the Gilmer neighborhood until a neighborhood plan is created that would be in the same format as other City neighborhood plans adopted by Council, was before the body. It was noted that it is believed that the present Gilmer Neighborhood Plan, written by Hill Studios for the Northwest Neighborhood Environmental Organization, does not represent interests of residents; therefore, it is recommended that the Gilmer Neighborhood Plan be rewritten by City staff just as other neighborhood plans have been drafted by City staff; and it would be premature for any project to be approved without neighborhood involvement in the approval process. In response to Mr. Cooper's letter, Council Member Lea inquired if all of the proper procedures have been followed by the City. The City Manager advised that Mr. Cooper's letter would suggest that the Gilmer Neighborhood Plan that was prepared by Hill Studio and adopted by Council approximately two years ago, at the request of the Northwest Neighborhood Environmental Organization, was not a typical neighborhood k: ckwbl ~dmfts\OSO205ins 28 plan as developed by City staff; however, it is the City's collective opinion that had the Gilmer neighborhood had concerns regarding the plan, it would have been appropriate to signal those concerns two years ago prior to adoption of the Plan by Council. She stated that the Board of Directors of NNEO has officially requested that the Redevelopment and Housing Authority assume responsibility for the project; while some small elements of the project have changed, the bulk of the plan remains the same as originally prepared and adopted by NNEO; and the proposed contract makes available a total of $700,000.00 contingent upon the RRHA receiving tax credits to initiate the originally approved NNEO Plan and provides $125,000.00 in up front funds to prepare the tax credit application. The City Manager advised that the city has followed the required procedures. There being no further discussion; Resolution No. 37033-050205 was adopted by the following vote: AYES: Council Members Wishneff, Cutler, Dowe, Lea, McDaniel, and Mayor Harris ............................................................ 6. NAYS:None .................................................. 0. (Vice-Mayor Fitzpatrick was not present when the vote was recorded.) BUDGET-FDETC-GRANTS: The City Manager submitted a communication advising that the City of Roanoke is the grant recipient for Workforce Investment Act (WlA) funding, thus, City Council must appropriate funding for all grants and other monies received in order for the Western 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 WIA funding is intended to be used 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. k: ckwb l\drafts\O50205ins 29 It was further advised that the Western Virginia Workforce Development Board has received a Memorandum of Understanding (MOU) from the Virginia Employment Commission allocating $2,500.00 for institutionalization of the Governor's Career Readiness Certificate. The City Manager recommended that she be authorized to execute the .. required Memorandum of Understanding between the Virginia Employment Commission, the City of Roanoke, and the Western Virginia Workforce Development Board to accept funds; that she be further authorized to accept Western Virginia Workforce Development Board Workforce Investment Act funding of $2,500.00 for Institutionalization of the Governor's Career Readiness Certificate; and establish a revenue and expenditure budget in accounts to be established by the Director of Finance in the Grant Fund. Council Member Dowe offered the following budget ordinance: (#37034-050205) AN ORDINANCE to appropriate funding from the Workforce Investment Act Grant for the Governor's Career Readiness Certificate, 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 365.) Council Member Dowe moved the adoption of Ordinance No. 37034- 050205. The motion was seconded by Council Member McDaniel and adopted by the following vote: AYES: Council Members Wishneff, Cutler, Dowe, Lea, McDaniel, and Mayor Harris ............................................................ 6. NAYS: None .................................................. O. (Vice-Mayor Fitzpatrick was not present when the vote was recorded.) Council Member Dowe offered the following resolution: (#37035-050205) A RESOLUTION accepting the Western Virginia Workforce Development Board Workforce Investment Act funding of $2,500.00 in connection with the implementation of the Governor's Career Readiness Certification Program and authorizing the City Manager to execute the Memorandum of Understanding among the Virginia Employment Commission, City of Roanoke and Western Virginia Workforce Development Board required accepting the funding. (For full text of Resolution, see Resolution Book No. 69, Page 365.) k: ckwbl~drafts\OSO205ins 30 Council Member Dowe moved the adoption of Resolution No. 37035- 050205. The motion was seconded by Council Member McDaniel and adopted by the following vote: CITY CEERK 'l;~4 '[~EC] (~1 R))C49,~9 AYES: Council Members Wishneff, Cutler, Dowe, Lea, McDaniel, and Mayor Harris ............................................................ 6. NAYS: None .................................................. O. (Vice-Mayor Fitzpatrick was not present when the vote was recorded.) BUDGET-GRANTS-FDETC: The City Manager submitted a communication advising that the City of Roanoke is the grant recipient for Workforce Investment Act (WlA) funding, thus, City Council must appropriate funding for all grants and other monies received in order for the Western Virginia Workforce Development Board to administer WlA programs; 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; and WlA funding is intended to be used 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 further advised that the Western Virginia Workforce Development Board requested that the Virginia Employment Commission transfer allocation of $100,000.00 of Program Year 2003 Dislocated Worker Funds to Program Year 2003 Adult Program Funds due to surplus funding in the Dislocated Worker Program, and the higher-than-anticipated level of need in the Adult Program; and the Western Virginia Workforce Development Board has received a Notice of Obligation (NOO) from the Virginia Employment Commission transferring $100,000.00 from the Dislocated Worker Program to the Adult Program for Program Year 2003 (July 1, 2003 -June 30, 2005). The City Manager recommended that Council accept the Western Virginia Workforce Development Board Workforce Investment Act funding transfer of $100,000.00 for Program Year 2003; and adopt a budget ordinance transferring funds from Dislocated Worker Program, Account No. 035-633- 2305-8057, to Adult Program, Account No. 035-633-2302-8057. k: ckwbl\drafts~O50205ins 31 ~:~ Council Member Dowe offered the following budget ordinance: (#37036-050205) AN ORDINANCE to transfer Workforce Investment Act Grant funding from the Dislocated Worker Program to the Adult 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 366.) Council Member Dowe moved the adoption of Ordinance No. 37036- 050205. The motion was seconded by Council Member McDaniel and adopted by the following vote: AYES: Council Members Wishneff, Cutler, Dowe, Lea, McDaniel, and Mayor Harris ............................................................ 6. NAYS: None .................................................. 0. (Vice-Mayor Fitzpatrick was not present when the vote was recorded.) PURCHASE/SALE OF PROPERTY-HOUSING/AUTHORITY: The City Manager submitted a communication advising that with the adoption of the City's Comprehensive Plan in 2001, certain strategic initiatives were identified to broaden the range of housing choices within the City of Roanoke, and to facilitate the development of new housing clusters through assemblage and redevelopment of underutilized or vacant land in strategic locations; one such location, the approximately 140 acre Countryside Golf Course, was included in a feasibility analysis initiated in mid-2002 to evaluate development potential; the study concluded that there was significant development potential for the property with a variety of development plans, housing alternatives, and a mix of possible land uses; and upon completion of the feasibility study, and beginning in early 2003, investigation of terms for acquisition of the property was initiated with The Fairways Group, LP, owners of the property. It was further advised that an option agreement has been drafted providing the framework for the City's ultimate acquisition of the property, according to the following general terms: · A non-refundable option fee of $125,000.00 which will provide the City with a time period until October 28, 2005, to undertake related due diligence activities including environmental inspections, related site surveying, and other property evaluation activities; should the City proceed to acquire the property, the option amount will be credited to k: ckwb l~drefls\OSO205ins 32 the purchase price; it is anticipated that approximately $10,000.00-$15,000.00 would be sufficient to undertake the necessary due diligence activities during the option period; and A purchase price of $4.1 million for the property, with closing of the sale to occur no later than November 30, 2005. The City Manager recommended that she be authorized to execute the option agreement with The Fairways Group, LP, on behalf of the City of Roanoke, and that Council transfer $125,000.00, for the option agreement and $15,000.00 for related expenses from Capital Projects Fund Interest Earnings to an account to be established by the Director of Finance in the Capital Projects Fund. Council Member Cutler offered the following budget ordinance: (#37037-050205) AN ORDINANCE to appropriate funding for an option to acquire Countryside Golf Course, amending and reordaining certain sections of the 2004-2005 Capital Projects Fund Appropriation's, and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 69, Page 367.) Council Member Cutler moved the adoption of Ordinance No. 37037- 050205. The motion was seconded by Council Member Dowe and adopted by the following vote: AYES: Council Members Wishneff, Cutler, Dowe, Lea, McDaniel, and Mayor Harris ............................................................ 6. NAYS: None .................................................. O. (Vice-Mayor Fitzpatrick was not present when the vote was recorded.) Council Member Dowe offered the following ordinance: (#37038-050205) AN ORDINANCE authorizing execution of an Option Agreement by which the City of Roanoke is granted an option by Fairways Group, LP, formerly U. S. Golf Properties, LP, to purchase certain property known as Tax Parcels Nos. 6471801 through and including 6471806, 6431501, 643:L502, 6431613, 6431614, and 6472302, known as Countryside Golf Course; and dispensing with the second reading of this ordinance. (For full text of Ordinance, see Ordinance Book No. 69, Page 367.) k: ckwbl \drafls~O50205ins 33 Council Member Dowe moved the adoption of Ordinance No. 37038- 050205. The motion was seconded by Council Member McDaniel and adopted by the following vote: AYES: Council Members Wishneff, Cutler, Dowe, Lea, McDaniel, and Mayor Harris ............................................................ 6. NAYS: None .................................................. 0. (Vice-Mayor Fitzpatrick was not present when the vote was recorded.) DIRECTOR OF FINANCE: AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the Financial Report for the month of March 2005. There being no questions or comments, without objection by Council, the Mayor advised that the Financial Report for the month of March 2005 would be received and filed. REPORTS OF COMMI'I-rEES: NONE. UNFINISHED BUSINESS: LEASES-ECONOMIC DEVELOPMENT: Council at its meeting on Monday, April 18, 2005, having tabled a resolution approving a five-year lease for 3,444.50 square feet of office space at 111 Franklin Road, S. W., Suite 200, to be used by the City's Office of Economic Development, the matter was before the body. The City Manager was instructed to negotiate for a three-year lease of the property. Council Member Dowe moved that the matter be removed from the table. The motion was seconded by Council Member Cutler and adopted. The City Manager submitted a communication advising that the original lease was for a five year period beginning May 25, 2000 through May 31, 2005, at a rental rate of $16.75 per square foot, with a three per cent annual increase; Resolution No. 34717-032000 approved the lease dated March 20, 2000; a five year term at $].6.00 per rentable square foot, with a ]..55 per cent escalator was originally proposed; and funding for the lease is included in the Economic Development Department budget. It was further advised that a three-year period, beginning June 1, 2005 through May 3:~, 2008 agreement includes a rate of $].6.75 per rentable square k: ckwb I ~drafts\050205ins 34 foot, with an increase of 1.55 per cent each year thereafter; and annual rental, to..be paid in monthly installments, shall be as follows: June 1, 2005 - May 31, 2006 $57,695.38 $4,807.95 per month June 1, 2006 - May 31, 2007 $58,556.50 $4,879.71 per month June 1, 2007- May 31, 2008 $59,417.63 $4,951.47 per month It was noted that the amendment contains a provision whereby the City acknowledges that Copty & Company acted as the broker for the agreement, and the City agrees to indemnify and hold harmless Crown Roanoke, LLC,,from claims by any other broker or agent. The City Manager recommended that she be authoriZed to execute a first amendment to the lease agreement with Crown Roanoke, LLC, a Virginia Limited Liability Company, for 111 Franklin Road, S. W., Suite 200, for a period of three years, at the above rental amounts, beginning on June 1, 2005 and ending on May 31, 2008, with all documents to be upon form approved by the City Attorney. Council Member Dowe offered the following ordinance: (#37039-050205) AN ORDINANCE authorizing the proper City officials to extend the lease agreement between the City and Crown Roanoke, LLC, for lease of office space within the Franklin Plaza Building, located at 111 Franklin Road, for the Department of Economic Development, for a period of three years, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 69, Page 368.) Council Member Dowe moved the adoption of Ordinance No. 37039- 050205. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members Wishneff, Cutler, Dowe, Lea, McDaniel, and Mayor Harris ............................................................ 6. NAYS: None ................................................ ~-0. (Vice-Mayor Fitzpatrick was not present when the vote was recorded.) INTRODUCTION RESOLUTIONS: AND CONSIDERATION OF ORDINANCES AND SCHOOLS: Council Member Dowe offered the following resolution appointing William H. Lindsey as a Trustee to the Roanoke City School Board: k: ckwbl ~draffs\O50205ins 35 (#37040-050205) A RESOLUTION appointing William H. Lindsey as School Board Trustee on the Roanoke City School Board for a term commencing July 1, 2005, and ending June 30, 2008. (For full text of Resolution, see Resolution Book No. 69, Page 369.) Council Member Dowe moved the adoption of Resolution No. 37040- 050205. The motion was seconded by Council Member McDaniel and adopted by the following vote: AYES: Council Members Wishneff, Cutler, Dowe, Lea, McDaniel, and Mayor Harris ............................................................ 6. NAYS: None .................................................. 0. (Vice-Mayor Fitzpatrick was not present when the vote was recorded.) SCHOOLS: Council Member Dowe offered the following resolution appointing David B. Carson as a Trustee to the Roanoke City School Board: (#3704:~-050205) A RESOLUTION appointing David B. Carson as a School Board Trustee on the Roanoke City School Board for a term commencing July :~, 2005, and ending June 30, 2008. (For full text of Resolution, see Resolution Book No. 69, Page 370.) Council Member Dowe moved the adoption of Resolution No. 37041- 050205. The motion was seconded by Council Member McDaniel and adopted by the following vote: k: ckwbl~drafts\OSO205ins 36 AYES: Council Members Wishneff, Cutler, Dowe, Lea, McDaniel, and Mayor Harris ............................................................ 6. NAYS: None .................................................. 0. (Vice-Mayor Fitzpatrick was not present when the vote was recorded.) MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: PURCHASE/SALE OF PROPERTY-LANDMARKS/HISTORIC PRESERVATION- HOUSING/AUTHORITY: Council Member Cutler advised that the livery stable located adjacent to Roanoke City Mills off South Jefferson Street, which is believed to be more than ].00 years old and has been used for storage by Virginia Scrap Iron and Metal, is now in liquidation; the Roanoke Redevelopment and Housing Authority has initiated the process to acquire the building, and it is hoped that a new use can be found for the livery stable in lieu of razing the structure. ACTS OF ACKNOWLEDGMENT-DECEASED PERSONS: Council Member Dowe advised of the death of long time educator, Ms. Nina Medley, and asked that the Medley family be remembered in prayer. He extended greetings to all mothers for a Happy Mother's Day on Sunday, May 7, 2005, and asked that all hearts be filled with kindness at this special time of the year. 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. POLICE DEPARTMENT-TRAFFIC-FIRE DEPARTMENT-STREETS AND ALLEYS: Mr. William J. Bryant, Jr., ].24 Fleming Avenue, N. E., spoke with regard to: The condition of Williamson Road, i.e.: potholes and metal covers in the middle of the road that could pose a safety hazard; A safety hazard with regard to traffic islands/left turn lanes on Williamson Road where longer vehicles protrude into the left lane of oncoming traffic; and The need for repaving portions of Franklin Road, S. W. He commended employees of the City's Fire/EMS and Police Departments and asked that they receive hazardous duty pay in addition to their regular wages. k: ckwbl ~draffs\O50205ins 37 CENSUS-CITY EMPLOYEES-HOUSING/AUTHORITY-POLICE DEPARTMENT- TAXES: Mr. Robert Gravely, 727 29th Street, N. W., spoke with regard to the need for affordable housing in the City of Roanoke; a concern that the wages of the average City employee are not sufficient to purchase a house; loss of the City's population; a large deficit in the City's budget; use of taxpayers' money as incentives to attract large businesses to the City; loss of City revenue; and the need for more accountability to the citizens of Roanoke with regard to how tax dollars are spent. CITY MANAGER COMMENTS: POLICE DEPARTMENT-CITY EMPLOYEES: The City Manager called attention to a recent article in The Roanoke Times regarding the friendship that developed between a Roanoke City Public Safety employee and two fellow soldiers serving in Iraq which led to their relocation to the Roanoke Valley and their graduation in the near future from Roanoke's Police Academy. She advised that 31 City employees serve as active reservists, 13 of which are currently stationed abroad, and two employees have returned to the Roanoke Valley; and as a result of efforts by the City's Human Resources Department to prepare these men and women to leave and return to the City's employ, the City of Roanoke was awarded one of seven Five-Star Certificates from the Employers Support of the Guard and Reserve Program. The City Manager expressed appreciation to the community and to City employees for their participation in Citizens Appreciation Day which was held on Saturday, April 30, 2005, at Valley View Mall. At 3:05 p.m., the Mayor declared the meeting in recess. k: ckwbl~drafts~O50205ins 38 The Council reconvened at 3::~0 p.m., in the Council's Conference Room, Room 451, with Mayor Harris presiding and all Members of the Council in attendance, except Vice-Mayor Fitzpatrick. ARMORY/STADIUM: The City Manager advised that Council at its meeting on Monday, April 18, 2005, requested that staff develop options regarding the limited use of Victory Stadium for high school football for the 2005 season. She called attention to three options that were prepared for the Council's consideration, which include cost estimates for various seating capacities. She stated that as the various options were considered, it was taken into consideration that Sutton Kennerly and Associates, Structural Engineer, has advised that both the east and west stands of Victory Stadium are in poor condition and will require attention to address several safety issues before the stands can be open to the public for limited use; the consultant has indicated that the existing stands can be used provided repairs are made to the concrete steps and risers to eliminate tripping ahd falling hazards; the consultant further advises that it would be necessary to either remove the brick masonry wall or provide fencing to prevent public access to the walls and the potential fall zones; and the consultant recommends that the press box not be used until certain brick masonry is removed and replaced with newly and properly reinforced brick. She stated that the options which will be presented to the Council have been prepared taking into consideration appropriate Building Code issues, as well as safety issues related to public assembly and public convenience such as sanitary facilities. She noted that as discussed with the School Board earlier in the day, temporary accommodations for high school football would not involve the creation of concession areas, but would most likely involve providing a temporary structure by vendors to the location. She called upon Charles Anderson, Architect II, representing the City Engineer's Office, to review the following options: k: ckwbl~lrafts\O502OSins 39 Victory Stadium Football 2005 Option A Temporary Bleachers Seating Capacity Bleacher Rental Portable Toilets Scoreboard and Sound System Fencing Press Box Filming Platforms Option B Seating Capacity (9 Rows of Seats) Portable Toilets Scoreboard and Sound System Fencing Press Box Filming Platforms Repair Concrete Steps Additional Egress Gates from field side Option C All apoctatora on one elda Beating Capacity (Aluminum seats only) Locker Room Basic Repairs Restroom Basic Functiooal Repairs Fencing Press Box Remove Brick Repair Concrete Steps Fi~ming Platforms Scoreboard end Sound System 3000 4200 5400 Net Seats Net Seats Net Seats $ 57,000 $ 79,800 $ 102,600 $ 11,700 $ 15,6OO' $ 23,400 $ 12,0OO $ 12,0OO '$ 12,0OO $ 30,0OO $ 301000 $ 30,000 $ 15,0OO $ 15,000 $ 15.000 $ 3,OO0 S 3,0OO $ 3,000 $ 128,7OO $ 155,400 $ 180,000 Existing stands - No po~tal Acoaes Access from Field Side Only 2160 4300 Net Seats Net Seats $ 11,700 $ 15,600 $ 12,0OO $ 12,000 $ 30,OO0 $ 30,000 $ 15,0OO S 15,000 $ 3,000 $ 3,000 $ 15,OO0 $ 20,000 $ 8,OO0 S 86,700 $ 103,600 Existing West Bide Stand8 - Remove Brick 68OO 12,0OO 5,000 37,000 15,0OO 200,000 Excludes disposal of brick 45,000 3,OO0 12,000 S 329,000 k: ckwbl ~drafts\O50205ins 40 The Mayor advised that the briefing would continue following presentation of recommendations by the Stadium Study Committee at 4:00 p.m. At 3:55 p.m., the Mayor declared the Council meeting in recess. At 4:00 p.m., the Council meeting reconvened in the City Council Chamber, with Mayor Harris presiding and all Members of the Council in attendance, except Vice-Mayor Fitzpatrick. k: ckwbl \drafts\O50205ins 41 STADIUM: At its meeting on Monday, August 2, 2004, Council appointed a Stadium Study Committee composed of George C. Miller, Charles A. Price, Gwendolyn W. Mason, Gregory W. Feldmann, L. Thompson Hanes, Chad A. Van Hyning, Marsha Combs, David B. Trinkle, Kermit E. Hale, Sherley E. Stuart, Jan P. Wilkins, John H. Parrot, Jr., Patricia Cronise and Richard H. Kepley. The Committee's charge was to assess the athletic facility needs of the City; to review . the feasibility of renovating Victory Stadium for use as an athletic facility and venue for events that need to accommodate larger crowds; and to review other possible athletic facility venues, including an outdoor track and locations as the Committee deems appropriate. The Committee, with the assistance of City staff, was authorized to recommend consultants that would be needed in order to perform its duties and to supervise the work of the consultant; and the COmmittee was requested to report its recommendation(s) regarding the renovation of Victory Stadium and/or other athletic facilities to Council within nine months of the Committee's appointment. In reporting the Committee's recommendations to the Council the Mayor advised that the proceedings would occur in the following order: · Presentation of formal report by John H. Parrott, Jr., Chair, Stadium Study Committee; · Introduction of members of the Stadium Study Committee and the Consultants by the Chair; · Comments by the consultant · Questions/comments by the Members of Council; · Upon conclusion of presentation of the report, a brief recess will be declared; · Citizen comments · Consideration by Council of a "Plan of Action". On behalf of the Members of Council, Mayor Harris expressed appreciation for the work of the Stadium Study Committee, for devoting both their personal and professional time and expertise, and for their individual contributions to complete their assignment. He also expressed appreciation for the support provided byJoyce Johnson, Administrative Assistant to the Mayor, who served as Recording Secretary for the Stadium Study Committee, and was responsible for coordinating information, taking minutes of the meetings and responding to requests for information throughout the study process. He advised that it is recognized that some persons are passionate about the subject of Victory Stadium; however, while in the Council Chamber, the discourse would be civil, and if comments were made that were believed to be personal either toward the Council, the City Administration, the Stadium Study Committee or another individual, that person would be ruled out of order and requested to conclude their remarks. k:ckwbl ~lrafts~stadium 4pm 050205 1 John H. Parrott, Chair, Stadium Study Committee, introduced the following Committee members: Sherley E. Stewart, Co-Chair, Marsha Combs, Patri¢ia Cronise, Gregory W. Feldmann, Kermit E. Hale, L. Thompson Hanes, Richard H. Kepley, Gwendolyn W. Mason, George C. Miller (not present), Charles A. Price, David B. Trinkle, Chad A. Van Hyning and Jan D. Wilkins. He expressed appreciation for the Committee's devotion to its assignment, to Joyce Johnson for her support as Recording Secretary, and to Charles A. Anderson, representing the City Engineer's Office, who responded to numerous requests for information. Mr. Parrott presented the following report of the Stadium Study Committee: "Stadium Study Committee Recommendations May 2, 2005 Background The Citizens Stadium Study Committee was formed in August 2004 by City Council to make recommendations regarding ':.. assessing the athletic facility needs of the city" and "the feasib/'/ity of renovatin9 Victory 5radium." Our recommendations are: A. Victory Stadium ].. Demolish Victory Stadium (10-4 vote April 6, 2005). Utilize a professional firm to assist with planning and construction of a new, multipurpose stadium with adequate traffic access and parking. The new stadium would be situated in the most topographically and economically sound spot on land bounded by Franklin Road on the West, Reserve Avenue on the North, Jefferson Street on the East and the Roanoke River on the South (unanimous vote, March 9). Construct a new multipurpose stadium with at least 15,000 seats (8-5 vote March 9). k:ckwbl\draffs~stadium 4pm 050205 2 Maximize green space, gardening, and beautification opportunities as the stadium is designed and plans are made for the area. (Agreed at April 6, 2005 meeting). There are many opportunities to partner with garden clubs, greenways, river protection advocates and the city arborist to design a beautiful landscape. include the following design elements in the new stadium: A flexible seating, stage area for events, preferably in the Reserve Avenue end zone area, with access to dressing rooms and a load-in, load-out dock; Elevated locker rooms, bathrooms and concessions to minimize the risk of flooding. Design the rest of the stadium with possible flooding in mind; Adequate, permanent concessions facilities; Four locker rooms, two on each side with one of these two being dedicated in design to William Fleming and Patrick Henry to boost school pride and morale. The other one would be a "visitors" locker room on each side. Extra locker rooms would provide impetus for regional athletic events throughout the Rivers Edge complex and the City; Flags that can be changed to school banners as appropriate; Adequate space for a vendor area for special events and booster clubs, ticketing and security; k:ckwbl~drafts~stadium 4pm 050205 3 Berm the end near the river for hill seating if the stands do not fully enclose the field; Use old elements that can be preserved from Victory Stadium, e.g. bricks, for legacy purposes. (May consider engraving these bricks and allowing citizens to purchase to increase positive citizen participation in the project.) These could be used in the pedestrian/vendor area, but also consider giving away 'limited' numbers of free bricks that can be taken away); Use the same turf recommendations from the previous Orange Avenue project teams, unless it is not durable enough to withstand events and possible flooding; Maintain the name Victory Stadium and McLelland Field. Incorporate into the design a wall or pedestrian area on the river end zone, to honor veterans. In addition, an area honoring the City's sports stars should be included; Consider additional design elements to maximize citizen use of the upcoming greenways project, river access, and other athletic fields; Provide certain areas needed by Parks and Recreation as they consider their move and consolidation. Recreation and Athletics in Roanoke Construct day stadiums on William Fleming and Patrick Henry high school campuses (e.g., 5OO-1OOO seats). The field size should be suitable for multiple sports. Usage will aid in meeting a variety of the City's athletic needs (e.g., amateur sports, regional events). k:ckwbl\drafts~stadium 4pm 050205 4 Construct all-weather tracks with at least 8 lanes (Olymp c) at each high schoo!~_a~s previously agreed between the School~Bba~'d~an'd~Cit¥-~C°unci · Develop new management practices and policies, including: Providing sufficient funds for maintenance on a permanent basis to include the school facilities and the Stadium; Negotiating a fair, lowest possible new Stadium rent for the school system; Allowing non-profits to use the new Stadium at reduced rates. Particular sensitivity should be given in the policies to allow non-profit organizations access to the new Stadium, including concession rights, but not at the risk of pre-empting major, revenue generating events; Allowing high school booster clubs to run concessions as well as sell items in the vendor area to raise money; e. A full time position on the Civic Center staff should be given to management and promotion of the stadium, with the same in the Parks and Recreation Department for upkeep, maintenance and turf control. If designed correctly, the Committee feels the stadium can be well of the year. The City of Roanoke should review the Parks and Recreation Department's Master Plan of 2000 to meet the current needs of the Roanoke community, anticipate future needs, and properly maintain these facilities on an on-going basis. k:ckwbl\drafts~stadium 4pm 050205 5 Specifically~-the Dire'ct0r'~0f Roanoke City Parks and Recreation Department stated to our committee that the City had "two major outdoor deficits": 1) 15-20 additional soccer fields, and 2) approximately 25 softball fields. (See Stadium Committee minutes dated September 29, 2004). The Committee recommends that the area surrounding the new stadium be planned to address these needs. These additional park assets could be used for such events as The Commonwealth Games, football tournaments, softball/ baseball tournaments' and soccer and lacrosse events. The Committee strongly encourages Council to continue to work with the School Board to make Victory Stadium usable for high school football games until such time as the new stadium can be constructed." Mayor Harris called upon the Members of Council for questions and comments. Council Member Cutler expressed appreciation to the Stadium Study Committee and asked the following questions: What rationale did the Committee use to arrive at the 15,000 seat recommendation? Mr. Parrott stated that the Committee's information suggested that the minimum seating requirement for championship football games is increasing; in a few years the number may be a minimum of 10,000 seats for a league game, therefore, 15,000 seats was recommended in anticipation of the City's future needs in 15-20 years. Would it be more cost effective to purchase bleachers as opposed to renting them for high school football at Victory Stadium with the understanding that the bleachers could be moved to the two high schools and used at the proposed day stadiums? Mr. Parrott advised that it would be more cost effective to purchase bleachers inasmuch as rental costs are high. k:ckwbl\drafts~stadium 4pm 050205 6 · Council Member Wishneff inquired about the rationale for not recommending any type of lighting at the two high school stadiums; whereupon, the reasons cited by Mr. Parrott pertained to the costs involved and neighborhood opposition, although they were not the prime reasons. He added that the main reason for recommending day stadia was due to the fact that if Council approves the primary recommendation of the Committee, lighted stadiums at each of the two high schools would not be needed. With regard to hosting a Virginia High School League championship game, Council Member Lea inquired if the City would need a stadium that would s'eat at least 10,000 persons; whereupon, Mr. Parrott replied that it was not an immediate need, but eventually the City may wish to move in that direction. Council Member McDaniel expressed appreciation to the Committee and inquired as to whether input was provided by the school system? Mr. Parrott responded that the School Board was not in favor of any type of facility that required a maintenance responsibility; however, coaches and students preferred to have their own stadium. council Member Dowe expressed appreciation to the Committee and asked the following questions: · Can athletes from surrounding jurisdictions be accommodated as opposed to City athletes only; whereupon, Mr. Parrott advised that valley wide participation could be developed as a part of the program. · The U. S. Army Corps of Engineers has advised that water flows from different directions in the area, and is not relegated to the Roanoke River; therefore, he requested that Mr. Parrott elaborate on the thought process of the Committee in selecting the Reserve Avenue site. Mr. Parrott responded that the primary factor was that the City currently owns the land, and another determinant was the fact that on only one occasion since Victory Stadium was constructed was a football game cancelled due to water issues; the Committee was of the opinion that installing the proper type of turf with adequate drainage would offset the need to remove the playing surface from the flood plain; other preventative measures would be required regardless of Federal mandates; the Committee did not recommend the expense of flood proofing the playing surface of either the existing stadium or a new stadium; and if the existing stadium is maintained, it would be worth the expenditure to install an under- drainage system in order to provide for an all weather playing surface. k:ckwbl~drafts~stadium 4pm 050205 7 Was the fact that the City owns the land the primary determining factor in recommending renovation of the existing facility? Mr. Parrott responded in the affirmative and added that the space offers adequate parking, soccer fields and a track, along with other amenities aside from a stadium. Although the Reserve Avenue site provides a good location, Council Member Dowe referred to other concerns such as the storm water runoff potential from additional parking areas, the logic behind constructing ,other structures in the area, exceeding the cost of what was already projected, the recommendation for rental of Victory Stadium by the school system and other non-profit organizations, the lack of maintenance of the existing stadium, and failure of the Stadium to generate its own revenue. He inquired if the Committee gave consideration to providing an affordable and practical rental rate to schools, nonprofit organizations and promoters of other types of entertainment. Mr. Parrott responded that the Committee did not consider issues with regard to rental of the facility since the Committee was charged with the responsibility of submitting recommendations on the City's athletic facility needs and the feasibility of renovating Victory Stadium. Council Member Wishneff advised that during the consultant's presentation, it was stated that the building had lost its "useful life"; whereupon, he inquired if the $4.6 million which was recommended in the consultant's report is invested in the facility, how long would such improvements extend the useful life of Victory Stadium. Mr. Parrot advised that the expenditure of $4.6 million for improvements would most likely extend the life of the structure for a long period of time, but legally, the facility could not be used unless it is brought up to various building code standards, including handicap access; and because of the sizeable investment that would be required to bring Victory Stadium into compliance with building code standards, it was not determined to be a feasible recommendation. Why did the Committee fail to seek cost estimates in order to bring Victory Stadium up to building code standards? Mr. Parrott advised that in order to derive an accurate cost estimate, it could take as long as a year in order to select a architect and engineer, to develop specifications and a plan of action, therefore, the Committee made the decision that it would not pursue cost estimates. k:ckwbl\drafts\stadium 4pm 050205 8 ..... In response to a question with regard to why the Committee did not request an extension of time for submittal of its recommendation(s), Mr. Parrott responded that the Committee was not of a mind to ask for what could have been at least a years extension of time in order to obtain cost estimates for renovation of Victory Stadium. Council Member Wishneff advised that the engineering firm via e-mail stated that minimal repairs to Victory Stadium in the range of $4.6 million would add over 40 years to the life of the facility; and some citizens were confused in their thinking that Victory Stadium is beyond repair, therefore, the public should know and understand that Victory Stadium can be used and a feasible option is renovation of the facility. Council Member Cutler asked the following questions: Flooding has been of great concern as well as water management. Insofar as rebuilding the stadium, what are the legal requirements with respect to elevation of the field and other features regarding the 100 year flood? Mr. Parrott responded that there were no requirements to elevate the field; athletic fields are considered to be a prime use of floodplains because they do not restrict the flow of water and can be constructed to drain properly; and there would be no concern with regard to obtaining insurance, however, any facilities that are constructed at the site would be required to be constructed out of the floodplain. · Was the Committee's recommendation to rebuild the Stadium on Reserve Avenue versus another location due to the fact that it would cost less to build a new flood resistant stadium at the current site as opposed to purchasing a new site at another location. Mr. Parrot replied that the Committee did not review the cost of new site(s); two individuals offered to sell property to the City, but later withdraw their offers; the Committee was of the opinion that if the City utilized the condemnation procedure, it could pay more for acquisition of land; and the City's ownership of the Reserve Avenue property was a plus. Council Member Lea inquired if the Committee engaged in unofficial discussions with regard to costs before the decision was made to recommend construction of a new 15,000 seat stadium; whereupon, Mr. Parrot replied that certain per seat prices were known, i.e.: the per seat price for the Orange Avenue facility was less than $2,000.00; a 15,000 seat stadium would cost approximately $30 million; and using a unit price formula estimate can be dangerous because such estimates are historically inaccurate and mean different things to different people. k:ckwbl~lrafts~stadium 4pm 050205 9 Mayor Harris' advised that when the Committee began its work, there were a number of options that had been considered over the past several years: i.e., small stadiums at each of the high schools and the Orange Avenue site. He inquired if the Committee reviewed a variety of options prior to submitting its recommendations, Mr. Parrot replied in the affirmative and advised that the City Engineer's Office and the Director of Real Estate Valuation provided maps/plats ' of every unused piece of property in the City consisting of over 12 acres and the Committee visited all of the sites and discussed the pros and cons. Mr. Parrott introduced Conrad B. Ehrhardt, P.E., President of Sutton- Kennerly & Associates, Inc., and Project Manager for the Victory Stadium Condition Assessment Study, Robert G. Kennerly, Sr., P.E., who participated primarily in the study regarding masonry of the facility, and Michael L. Parker, P.E., a partner from the Charlotte office of Sutton - Kennerly & Associates. Mr. Ehrhardt presented a summary of the consultants report and advised that the services of Walter, Robbs, Callahan and Pierce, an architectural firm from Winston-Salem, North Carolina, was retained to assist in completion of the ADA assessment. Mr. Ehrhardt reviewed the following outline: American Disability Code (ADASAD) Concourse Level Expansion Exterior Brick Masonry Concrete (Risers/Treads) Subsurface Conditions Additional Items Engineer's Estimate of Probable Cost of Repairs/Remediation American Disability Code: Sutton-Kennerly retained the services of Walter, Robbs, Callahan, Pierce, Architects, PA, to determine the level of compliance with the current Americans with Disabilities Act Standards for Accessible Design (ADASAD) and Virginia State Building Code accessibility requirements. k:ckwbl\drafts~stadium 4pm 050205 '~ 0 Major Deficiencies: Existing vomitory ramps are not handicap accessible; No handicap accessible restroom facilities; No handicap accessible route to assembly seating area and press box; Handicap parking spaces and the accessible route to the stadium are gravel surfaces, not considered a "stable, firm and slip-resistant" surface and not ADA compliant; Based on seating capacity of 24,000 fixed seats, ~.24 wheelchair spaces in the seating area are required · Concourse Level Expansion: Sutton-Kennerly conducted an analysis of the structural components of the facility to determine the feasibility of future renovations based on a conceptual design by Heery International in 1996. Based on the information provided, Sutton-Kennerly has determined that the existing structural system will support the concourse being relocated to the second level Council Member Wishneff inquired if it be possible to make Victory Stadium accessible; whereupon, Mr. Ehrhardt replied that anything is possible with enough money and time. Mr. Ehrhardt continued his presentations as follows: The consultant completed a structural analysis of the major structural components of Victory Stadium relative to the concourse level, which is currently on a slab on grade, and moving amenities such as restrooms and concession stands to an elevated concourse level. The existing stadium, when originally designed in the 1940's, allowed for expansion to an elevated concourse level, and an analysis confirmed the opinion that those activities could be elevated or moved to an elevated concourse level. k:ckwbl~lraffs~stadium 4pm 050205 1 1 A study was conducted in the mid-:1990's relative to certain drawings that were completed by Heery International, which indicates an elevated concourse level. He further stated that ADA compliance and structural capacity at the existing concourse level were the two main issues. Council Member Wishneff inquired as to the consultants conclusion on the structure; whereupon, Mr. Ehrhardt stated that the structure could sup,port a concourse level and their findings concluded that Victory Stadium is in good general structural condition. Mr. Kennerly talked about stadium structures in general which are similar to bridge structures and parking deck structures because they are exposed to the elements of nature; like most building materials, when exposed to the weather, they tend to age and deteriorate over time; and building structures, are contained in a dry environment, with temperature control, no moisture, and may last for more than 100 years, while structures like the Victory Stadium, unless they are designed for durability, may have a 40 - 60 year life. Major deficiencies in the Victory Stadium structure are the exterior masonry walls; · Walls at the rear of the stadium function as masonry guardrail walls; Walls are required to take the wind load and the load as the result of persons leaning against the wall, which could be as much as 50 pounds per linear foot of pressure; · Current walls of the structure are canter levered above ceiling risers; Reinforcing bars in the middle of the masonry walls hold the walls in place; Reinforcing bars are severely corroded, act as tinsel reinforcing steel for the masonry, and anchor guardrail walls to the structure itself; A photograph was shown depicting a bar that had lost about 75 per cent or more of its cross section area and walls currently have minimal reinforcing powers; k:ckwbl\drafls~stadiurn 4pm 050205 12 · Brick masonry is not a waterproof material, when water seeps into the brick, it ponds around the bar and creates erosion; · Severe displacements have occurred in movement of the walls, some of which are out of plumb by as much as three and one-half inches due to the fact that when brick and concrete are tied together, they move differently and brick directly from the kiln is at its smallest point, but from that point on the brick expands from moisture and temperature; · The day after concrete is cast it begins to loose moisture and shrinks and cracking then occurs; · When two materials like brick and concrete are used together, one is pushing out, one is pulling in, and unless joints are installed to accommodate the movement, it is similar to bricks that are caught in a huge vice; · Masonry walls are severely bowed, bowed brick walls above masonry walls cannot be straightened by pushing them back in place, and end wall brick has expanded from moisture and pushed the end wall out by about two inches. Council Member Wishneff inquired if the brick was cosmetic in nature; whereupon, Mr. Kennerly advised that the brick was a structural element and acts like a guardrail wall around the stadium, it is required by code to prevent pushing or leaning up against the wall, and must be durable enough to withstand wind load. He further stated that concrete coping stones, located on top of the masonry guardrail walls, had a rebar that extended into the coping stone that has almost disappeared from corrosion; coping stones are now resting, with basically weight and friction holding them on at the top; they can be taken off because there is no caulking between the joints; the three expansion joints in the brick walls are closed, bricks are in contact as a result of growth of the brick both from temperature and moisture; therefore, inasmuch as the joints closed, it is similar to brick being caught in a vice and these forces cause the brick to bow and push out. k:ckwbl~drafts~stadium 4pm 050205 13 ' Mr. Kennerly listed the following critical items: · Vertical expansion joints are completely closed · Numerous bond failures with the separation of the brick masonry assemblage · There are no vertical expansion joints of the brick, where the brick is pushed out · Weather erosion of mortar in the head and bed joints, which is natural for a structure of this age · Failure of sealant joints at all concrete coping · Cracking and distress is wide spread · Bond failure and separation where brick bears down on concrete, and bond separation where brick has pushed up and caused separation from the concrete (concrete frame and columns get shorter With time and brick expands) · Flashing material which is a plastic material looses plasticizers and becomes hard, brittle and ineffective over time · Wire reinforcement is sometimes used to bond some wythes of masonry; older construction at the time that Victory Stadium was built required turning brick headers one way and bonding the two wythes, whiCh caused a difference in the movement on the inside and the outside wythes of the brick and created a sheer force that caused the brick headers to fail, which has happened throughout the stadium structure; and if an eight inch wall is tied together, it is many times stronger than two individual four inch walls that are not tied together. Council Member Cutler requested a clarification of the term "wythe"; whereupon, Mr. Kennerly explained that the wythe of the brick is a unit of masonry; i.e.: four-inch wythes of brick are defined as a brick that is four inches wide. By using slides, Mr. Kennerly reviewed the following: · The parapet masonry is bowed, the inside wythe of brick is bearing on top of the concrete seat riser, a rebar extends into what is called the collar joint between the brick, at it is at this point that water has gone through the brick wall and corroded the rebar k:ckwbl~drafts~stadiurn 4pm 050205 '~ 4 Less Major deficiencies in the exterior masonry fa(;ade on the east and west sides of the structure indicate that the brick is self-supporting from the ground up, which means that all gravity loads are supporting at the foundation system The brick must resist wind loads of in and out pressures, to resist the wind load, the load on the brick wall is transferred to the concrete frame, and the transfer mechanism is through anchors or ties~ anchors or ties in the stadium are severely corroded, therefore~ brick walls on the front and on the east and west sides of the stadium are not adequately anchored to the structure~ and for structures like the Victory Stadium that have been exposed to the weather for over 60 years, this type corrosion is normal The masonry fa(;ade has sustained lateral displacement, with separation between the exterior wythe of brick and concrete spandel beams due to compression of the concrete column shortening and the brick expanding There is distress cracking and separation of the masonry directly below the underside of the concrete spandel beams. critical deficiencies in the exterior masonry fa(;ade include: Localized cracking and distress Flashing material failure Separation between the brick assemblage and the exterior facing of all concrete masonry block; and because many of the walls have brick on the outside and block, on the inside, there is a separation between the brick and block and whatever material that bonds the two together has either cracked or failed Cracked masonry headers Vertical cracking in the brick due mostly to high compression loads Weather and erosion on the mortar.ioints Failure of the ceiling joints Moderate corrosion of the steel little beams, although they are in fairly good condition Corrosion of the anchors for the precast concrete belt. k:ckwb l\drafls~stadium 4pm 050205 '1 5 He advised that his presentation was intended to be an overview of information contained in the full report of the consultant. In summary, he stated that masonry walls that are severely bowed out of plumb cannot be straightened up and must be replaced; retrofit anchors and tuckpointing will not solve the problem, and the cost of installing retrofit anchors and tuckpointing typically runs about 70 - 80 per cent of the cost of constructing a new wall, with the most expensive component being the installation of anchors and flashing systems; and it would be more feasible to remove and replace the walls than to repair them. He added that measures to provide temporary use were considered; an option would be to install a temporary line of bracing system at the guardrail ,~nd end wall, which would be a structural system to be anchored to the structure that would be bolted to the masonry walls to hold them in place; however, joints would still need to be constructed to accommodate some of the movement, or masonry end walls could be removed and a temporary guardrail wall installed around the outside; the masonry fa(;ade on the front and rear sections could be removed leaving the concrete frame exposed; temporary retrofitting ties could be installed in the masonry fac;ade to tie back and secure the front fa(;ade on a temporary basis; and it is estimated that temporary measures for masonry work on the above referenced options would cost in the range of $400,000.00 - $500,000.00. Mr. Parker advised that his contribution to the study was to look at the structural framing portion of the concrete by conducting tests and evaluations on concrete risers, treads, and some of the reinforcement. He presented the following summary of his evaluation: Concrete frames and supporting members are in good condition Vomitory walls are in fair to good condition Stands generally are in poor condition, part of which is due to the fact that they are primarily horizontal, have been subjected to a considerable amount of water, and were designed at a time when not a lot of protection that could provided Expansion joints have failed There has been virtually no maintenance on building materials Slabs on grade are in poor condition, cracked and settled with flood damage k:ckwbl\drafls~stadium 4pm 050205 1 6 . He further stated that when looking at these types of structures, engineers look at the embedded steel reinforcement which is a major structural component in aging structures; corrosion and the effects of corrosion was reviewed which required some excavation to look at major reinforcements, all of which appear to be in generally good condition; anchorage of seat brackets can be problematic, and it was discovered that bolts in the embed were in poor condition and highly corroded, but the brackets themselves were in good condition; water-soluble chlorides, which are found on the exterior of a structure whether it be bridges, parking decks or stadiums, revealed salt concentrations in the upper zones of the concrete that could cause corrosion; cores were taken from the concrete and examined under a microscope, which revealed the degree of deterioration of stadium concrete; ponding and leakage of surface water runoff increase the rate of carbonation in concrete, resulting in accelerated surface scaling and a higher risk of corrosion of embedded steel reinforcement; once chloride comes into contact with steel, it can cause an electro chemical ionic reaction and the steel begins to rust; when looking at the condition of the risers and treads, it is necessary to address problems associated with the concrete, therefore, as a mediation effort, removing unsound concrete surfaces on the treads .and applying a migrating corrosion inhibiter to minimize the risk of corrosion of embedded steel was discussed; and replacing stand tread surfaces with a durable bonded concrete topping, installing a preformed flexible joint filler in expansion joints to manage water runoff, and applying silanes and silicates to riser and wall surfaces to improve the freeze/thaw durability of the concrete was also discussed. Council Member Wishneff inquired if the various repair scenarios could be done on a temporary basis; whereupon, Mr. Parker stated that work could be done by removing seats, cutting off bolts and installing new anchors and seats; it would not be wise to use lot of impact equipment for concrete repairs because the pressure would break through the concrete, therefore, a technique known as hydro-demolition using high pressured water is recommended which would remove concrete to a controlled depth, taking off about one and one-half inches of the surface, installing new toppings and applying silanes and silicates to enhance the surface of the risers. Mr. Ehrhardt stated that there are adverse settlements on the slab on grade structures and in the concession stand and toilet areas, therefore, the services of Froehling and Robertson, Inc., a Roanoke firm, was retained to assist in conducting a subsurface investigation and evaluation; and the investigation revealed some loose silty sands up to 12 - 14 feet in the area. He stated that the original concrete frame was erected on deep foundations, but concession stands, restrooms and locker rooms were constructed on higher and more shallow foundations, and if left in their present location, there is the potential to either resupport, transfer the loads to firmer soil, or anticipate repeated additional repair. k:ckwbl',drafts~stadium 4pm 050205 17 He stated that isolated concrete small repairs in beams and columns need to be addressed; expansion joints need to be replaced; perimeter sealants and slab on grade replacements needs to be addressed; where there has been setting too many offsets exist that can create tripping hazards; handrail replacements; durability treatments to reduce service maintenance, particularly in those areas that need concrete frames; stadium lights and flagpole needs to be removed and sandblasted, repaired, treated, repainted and reinstalled; masonry repair is needed at concession and restroom areas, as well as replacing certain door frames and press box repairs. He concluded the presentation with the following estimate of costs to complete repairs, which would not address upgrades that would be required as of code, ADA improvements, flood proofing, or any other improvements that would be necessary or desired from the owner's standpoint, but would address only those items that were found to be deficient relative to the structural and condition assessment: · Repair Riser and Tread Stand Surfaces Subtotal $ 2,095,000.00 · Replacement of Brick/Block Masonry Fac;ade Subtotal $ 843,000.00 · Additional Repair Items Subtotal $ ].,232,000.00 · Ten per cent Contingency $ 417,000.00 Total Estimate of Probable Cost for Repairs: $ 4,587,000.00 Information discussed in the presentation is contained in the following Executive Summary: "SU'I-fON-KENNERLY & ASSOCIATES, INC. · CONSULTING ENGINEERS REPORT PHASE II CONDITION ASSESSMENT AND EVALUATION VICTORY STADIUM ROANOKE, VIRGINIA SKAJob No. 040677.0 March 23, 2005 k:ckwbl~drafts~stadium 4pm 050205 '1 8 ' -'~~~~s Inc (SKA) has completed the ..... vennerlY and Associ.ate.., _';,,,~to~,, Stadium in Roanoke; ~u~o- ,- ---~* *~d evaluation or v,~ .,y, _,A..~i ~ sco~e Ot condition_ass.essr~'_';~'~' ~ this project, SKA oeve,up¢,~ - ~ Virginia. uurlng rn~ , ~- - ihorough evaluation of the present services required to complete a condition of Victory Stadium. SKA has now completed the investigation with the agreed upon scope of services, identified as Phase II. Victory Stadium is a concrete-framed structure with a brick masonry fa(;ade. Victory Stadium was built in ~942 and has a permanent seating capacity of approximately 24,000 seats. This facility has .... home for high schoo! ,sporting .e,v_e_nts, musical ~,~ed_ as__~e~,iiH v celebrations since it s construc~lo-. concerts, ,~,,u ,,~.._a, The goal of this condition assessment and evaluation was to determine the overall service condition of the major elements of Victory Stadium. At the completion of Phase I of this project, SKA determined that there were (5) five major elements that should be the focus of the Phase II investigation- The (5) five focal points of Phase II were as follows: ~. The condition of the brick masonry fa(;ade. 2. The structural capacity of the stadium as it potential renovations. related to 3. The condition of the concrete framed structure, specifically the seating area surface of the stadium. 4. The compliance of the stadium with current ADA requirements. 5. The subsurface conditions of the soils below the concession/ restroom CMU masonry walls. In general, the comments made about each of these of these topics shall be applied to both the east and west stadium structures. SKA investigated the present condition of the brick masonry facade · ' sti ation, SKA has major concerns about the and, base. d on ,t.h,!~ ,nv~e~ ~g~e brick fa(;ade..SKA separated the structural stao~t~Y ~.¥~'u m~nnrv facade into three areas. investigation of ~n~ u,,~ ......... k:ckwb l\d raffs~stadiurn 4pm 050205 19 The first area of the fa~;ade that was investigated was the rear guardrail walls. The rear §uardrail walls are a major life safety issue in their present conditi~on:.~u~__~..O_~[h~~~yere corrosion of the reinforcing bars that is present and the omission of reinforcing bars in this area of the walls, the rear guardrail walls are no longer capable of safely resisting the minimum requirements of the Building Code. The reinforcing bars have deteriorated to a range of approximately 0 to 40% of their original size. The end walls of the brick fa(;ade are also an area that is a major concern to SKA. The end wall guardrails, including the tall sections at the top of the seating risers, are virtually unreinforced. The tall sections of the end walls are very unstable and unsafe at this time. Another major deficiency of the end walls is the bond separation that has occurred between the concrete risers and the first course of brick above the concrete risers. Since there was no reinforcing found in these end walls during our investigation and bond separation has occurred between the fa(;ade and the supporting members, the self weight of the brick walls and friction between the brick wall and the top of the concrete treads are the only elements holding this wall in place at this time. These end walls are no longer capable of safely resisting the minimum requirements of the Building Code. The rear brick masonry fac;ade at the rear of the seating sections was compromised at the time of this report. The masonry ties and anchorage of the rear fac;ade are severely corroded. There are also locations in the rear fa(;ade where it appears that the masonry ties were omitted at the time of construction. Another deficiency of the rear fa(;ade is the bowing of the walls that has occurred. The vertical displacement of the rear walls was determined to be approximately SKA recommends that the masonry assemblages that are bowed, out-of-plane, displaced and deformed be removed and replaced, as these walls can no longer be repaired. Walls that are plumb and straight can be repaired with retrofit anchors and tuckpointed at the unbonded mortar joints. However, the cost associated with this type of repair is approximately 70-80% of the cost of replacing the brick fa(;ade. Therefore, it may be more feasible to remove and replace these brick walls as well. k:ckwbl~drafts~stadium 4pm 050205 20 The estimated probable cost of removing and replacing the brick facades of this structure is approximately $1.0 million. SKA recommends the following items that could provide temporary use of the stadium structure. The rear and end guardrail walls could be temporarily braced throughout the structure or these walls could be removed and replaced with temporary guardrails. Retrofit anchors would be installed into the remainder of the brick fac;ade to temporarily secure ' it to the structure for both of these two options. Another option that would provide temporary use of the stadium would be to remove the entire brick masonry fa~;ade and leave the concrete frame exposed. New temporary guardrails would have to be installed as part of this measure as well. The estimated probable cost of these recommendations is in the range of $400,000.00 to $500,000.00, depending on which option was selected. Structural Analysis of the Concrete Structure SKA has completed structural analysis of the existing concrete structure to determine if the stadium could safely support the additional loads that would be applied to the structure by new renovations. The conceptual renovation that was considered for this analysis was the 1996 Heery international conceptual renovation provided by the City of Roanoke in the Request For Proposal for this project. This Heery international renovation relocated the main concourse of the stadium to the 2nd level of the structure. Based on the existing structural drawings, the information provided for this conceptual renovation, and the present condition of the concrete structure, SKA has determined that the existing structure could safely support the anticipated additional loads applied by a future renovation. SKA has not determined any potential costs associated with this conceptual renovation or any other "capital improvements" that could be made to the stadium. Estimating the costs of any "capital " Id program for the complete renovation improvements wou require a of the stadium to be developed. At the time of this report no program has been developed asto the ultimate needs of the City of Roanoke and the potential use of this facility. k:ckwbl\drafts~stadiurn 4pm 050205 21 Concrete Surface of the Seatinq Area The overall concrete structure was fo_un~ to be.:in.~air condition particularly for a stadium that'has~b~-~n-;-~-P0~-~J'~' to weather, flooding, and thermal cycles for over 60 years. The concrete columns and beams show signs of isolated spalling but in general are in good condition. The slabs-on-grade, particularly on the east side of the stadium, are only in poor to fair condition. The slabs-on-grade have been exposed to settlement that is likely associated with th,e flooding of the stadium that has occurred over the years. However, the major concern that SKA has of the concrete structure is the top surface of the seating area. The top surface of the seating area appears to be in very poor condition. There are signs of severe cracking, spailing, and scalling distress throughout the areas of the treads and risers of the concrete structure. This distress is primarily due to the concrete not containing an air void system to aid the durability of the concrete surface to resist cyclic freeze-thaw stresses. SKA recommends that the entire top surface of the seating area be repaired. This repair would require that the top 1~" of the existing concrete be removed by hydro-demolition. A Iow-shrink concrete topping slab would be installed to replace the 1~" of concrete that was removed. The estimated probable cost associated with repairing the top surface of the seating area is approximately $2.1 million. ADA Compliance of the Stadium SKA retained Walter, Robbs, Callahan, and Pierce Architects, PA (WRCP) to complete a study of the stadium to determine the level of compliance with the Americans with Disabilities Act Standards for Accessible Design (ADASAD). After WRCP completed their study, it was determined that the stadium had several major deficiencies with regards to the ADASAD. The major deficiencies of the stadium were as follows: k:ckwb 1 \draffs~stadium 4pm 050205 22 2. 3. 4. The vomitory ramps are not handicap accessible. There is no handicap accessible route to the press box. There are no handic~ a..~c~_.es._sibl~r~S'tt'6o~ facilities. The parking lot is not located on a stable, firm, and slip- resistant surface. There are only 4 wheelchair seating areas at this time. Based on the seating capacity of 24,000 people, the ADASAD requires that a minimum of 124 wheelchair spaces be provided. Determining estimated costs for ADASAD improvements was not included in our current scope of services and therefore SKA has not determined any potential costs associated with making such improvements so that the stadium will be in compliance with the current minimum requirements of the ADASAD. Subsurface Condition of the Concession/Restroom CMU Walls SKA retained Froehling and Robertson, Inc. (F&R) to complete a subsurface analysis of the soils supporting the stadium. Based on the geotechnical report that has been provided by F&R, it was determined that the structural fill used during construction consisted of loose silty sands. These silty sands were still loose at the time of this investigation and have not completely compacted over the life span of this structure, as may be expected. Therefore, additional settlement could occur at the concession/restroom CMU walls. F&R recommends that additional foundation measures should be taken to stabilize these walls to minimize this additional settlement and potential detrimental effects upon the structure. Based on the information provided by F&R, SKA recommends that an additional foundation support system, such as helical piers spaced at approximately 6' to 8' on center, be installed at all of the concession/ restroom walls to minimize the risk of further settlement. The probable estimated cost associated with stabilizing and repairing/replacing the concession/restroom walls is approxi-mately $350,000.00. k:ckwbl ~drafts~stadium 4pm 050205 23 Additional Repair Items In addition to the main deficien¢ies~Jndicated above, there are a number of less critical deficiencies that should be addressed if the stadium is to be repaired and utilized. The total estimate of the probable cost for all the repairs that we have identified is approximately $4.6 million. This estimated probable repair cost does not include any 'capital improvements' such as a new press box, concourse levels, ADA enhancements, and/or flood proofing, etc." Mayor Harris expressed appreciation for the presentation and recognized the following Council Members for questions. Council Member McDaniel inquired if most of the damage to the stadium occurred as a result of flooding or due to the age of the structure; whereupon, Mr. Ernhardt replied that primarily damage occurred because the structure is exposed to outside weather elements. In view of the silty sand that was discovered, she further inquired as to the advisability of demolishing Victory Stadium and constructing another facility on the same site; whereupon, Mr. Ernhardt replied that a new stadium could be accommodated in terms of design; and methods are currently available that will accommodate construction with soils or materials that appear to be unacceptable, but can be rendered acceptable as a result of various techniques. Council Member Wishneff inquired about other projects that Sutton- Kennerly & Associates had been associated with; whereupon, Mr. Ernhardt replied that he worked on the Carter-Finley Stadium at North Carolina State University; some of the issues that have been discussed in regard to Victory Stadium have been done in studies for rehabs at Appalachian State University where severe ettringite formation was discovered in the concrete (an internal chemical reaction that caused the concrete to break apart), which required a considerable amount of replacement; his firm designed an upper deck for the stadium at East Carolina University; the firm was involved in studies at Chapel Hill and Keenan Stadium, Whitmire Stadium/Waters Field at Western Carolina University; and participated in a number of projects on facilities similar to the Greensboro North Carolina Coliseum. k:ckwbl\draffs~stadium 4pm 050205 24 Council Member Wishneff inquired if any of the facilities were torn down and replaced by new structures; whereupon, Mr. Kennerly replied that the lower seats at Appalachian State University were torn down due to chemical reactions of the precast concrete. Council Member Lea referred to previous statements regarding Victory Stadium's age and lack of maintenance and inquired if the structure is considered to be in good condition overall; whereupon, Mr. Kennerly replied that the concrete frame structure is in good condition. Council Member Cutler compared Victory Stadium to enclosed structures such as Jefferson High School and the old Passenger Train Station, etc., and inquired about the effects of weathering on an enclosed building in comparison to a weather beaten structure like Victory Stadium. He asked if the cost of bringing Victory Stadium up to code, after other expectations are added to the estimate to cover the cost of structural repairs, would be at least equivalent to a new stadium. Mr. Ernhardt replied that without a program, etc., it would be inappropriate to comment with regard to costs since certain unique situations would need to be addressed. Council Member Dowe inquired if the statement "exposed to the elements" is relegated exclusively to those elements that fall from the sky, as opposed to the location of Victory Stadium with respect to impending or existing water tables; whereupon, Mr. Ernhardt stated that the actual water table is lower than what was believed to be the case, test borings revealed that the water level is quite Iow, or down in the range of 12 - 14 feet or more; and natural fluctuations are expected throughout the seasons, but the condition of Victory Stadium primarily involves exposure of the concrete to elements such as rain, snow, and various food items. Mayor Harris requested clarification on a statement in which the consultant "guestimated" that a new stadium would.cost about $3,000.00 to $4,000.00 per seat, and if those figures are applied to 15,000 seats, the cost of a new stadium would be in the range of $45 to $60 million. Mr. Ernhardt stated that the figures were based on a higher mid-range stadium; many national football stadiums could go as high as $6,000.00 per seat, and high school venues could go as Iow as $300.00 to $400.00 per seat, so there is a wide range depending upon the amenities that go into the cost; and later additions to the north side of Lane Stadium at Virginia Tech cost approximately $3,000.00 per seat. k:ckwbl ~lrafts~stadium 4pm 050205 25 · There being no further questions or comments for the Stadium Study Committee or the consultant, Mayor Harris advised that 20 persons had signed up to speak on the issue, therefore each pe~.[$~ would be allotted three minutes. W. Alvin Hudson, Jr., 1956 Hope Road, S. W., a former member of City Council and City Sheriff, stated that in the 1970's or 1980's, some persons were in favor of tearing down the Old Post Office Building, but under the leadership of the late Council Member James O. Trout, the Mayor and Members of City Council, allocated funds to renovate the building, which is now known as the Commonwealth Building and is occupied by State employees. He stated th'at the Commonwealth Building was in poor condition prior to the City's involvement as was the former Jefferson High School, The Hotel Roanoke, and the old Norfolk Southern Building which now houses the Roanoke Higher Education Center; therefore, he asked that Council have the same vision for Victory Stadium and renovate the facility. Abney S. Boxley, 301 Willow Oak Drive, S. W., asked that Council consider the primary purpose of Victory Stadium, the price that the City is willing to pay, the desired outcome when the course of action is selected, and that Council clearly articulate a vision for the facility. He commended the Stadium Study Committee on the quality of its work; however, the debate was miscast as one of a team either repairing Victory Stadium or building a new stadium; and the lack of a clear vision has led to acrimony among competing factions being trapped b~tween two poor choices. He stated that the primary purpose of Victory Stadium was for high school football and other turf sports such as soccer and lacross, and asked that Council articulate a vision that creates a world class home for high school sports and provides home field advantage for athletes and fans alike. He advised that previous Councils have stated that they were willing to pay up to $18 million for a multi-purpose facility; therefore, he suggested that Council commit to spend up to $10 million to meet the primary purpose which is high school athletics and use the remainder of the funds to construct a regional entertainment venue which should be planned in concert with other local governments. He noted that a 3,500 seat facility could be constructed at Patrick Henry High School and a larger 6,000 plus seat facility could be constructed at William Fleming High School within budget; the first stadium at William Fleming could be constructed by the fall of 2006 and the second stadium at Patrick Henry High School could be completed by the following year; and Victory Stadium could be saved for whatever purpose is deemed appropriate and on a time line of the City's choosing. k:ckwbl\draffs~stadium 4pm 050205 26 William J. Bryant, Jr., 124 Fleming Avenue, N. E., spoke in support of renovating Victory Stadium for historical purposes. He concurred in the remarks of a previous speaker with rega. rd'to the City'S role in renovating other local structures such as the Commonwealth Building, The Hotel Roanoke and the former Norfolk Southern Building. He advised that it does not make sense to . build a new stadium at $45 million when Victory Stadium could be renovated for approximately $15 million. Margaret Keyser, 2701 Guilford Avenue, S. W., spoke with regard to constructing stadia at the two high schools. She expressed concern that the matter was not discussed with persons who live in the 1700, 1800, 1900 and 2100 blocks of Brandon Avenue, Guilford Avenue and residential streets adjoining Patrick Henry High School. She advised that streets in the area were intended to be residential, with only Grandin Road and Brandon Avenue serving as thru ways, and parking will be an issue if no additional parking facilities are made provided at Patrick Henry High School. On behalf of residents of the area, she requested an indepth briefing. Pat S. Lawson, 1618 Riverside Terrace, S. E., commended those persons who were willing to support the renovation of Victory Stadium. Robert Gravely, 727 29'h Street, N. W., advised that a stadium designed to seat 15,000 people would cost an estimated $30 million; renovation of the current Victory Stadium with a seating capacity of 24,000 is estimated to cost between $5 million and $15 million, therefore, renovation would be more cost efficient. He stated that Victory Stadium must be promoted in order to generate revenue for the City, and urged that Council explore ways to create revenue from events held at the stadium and create job opportunities for Roanoke's citizens, while cutting costs and saving taxpayers' dollars. Helen E. Davis, 35 Patton Avenue, N. E., expressed appreciation to the Mayor for proposing that Council seek additional information upon which to base a decision on Victory Stadium. Winfred Noell, 2743 Northview Drive, S. W., advised that the consultant provided a positive and reassuring report in favor of renovating Victory Stadium; sand and loose soil would not be an issue since nothing would be constructed on the soil if the stadium is renovated; and the investment $4.6 million would correct issues regarding corrosion, cracked brick, and out-of-plum walls. He expressed concern that the Stadium Study Committee did not explore costs associated with its recommendations; therefore, he encouraged Council to obtain cost estimates for both renovation of Victory Stadium and construction of a new stadium so that Council's decision will be based on actual dollar amounts. k:ckwbl ~rafts~stadium 4pm 050205 27 ~ ~Vice-Mayor Fitzpatrick entered the meeting. Jim Fields, :17 Ridgecrest Road, Hardy, Virginia, expressed appreciation to Council for its willingness to consider other stadia and other options. He stated that according to the agreement with N & W Railway, Victory Stadium belongs to the taxpayers of Roanoke; therefore, the City should maintain the facility as a memorial to those persons who served their country in World War II. He asked for a second opinion on the cost of constructing a new stadium and advised that since the Reserve Avenue property was given to the City of Roanoke by N & W Railway, representatives of the railroad should be contacted to provide input on any future development. If livery stables that are 100 years old can be preserved, he inquired as to why Vctory Stadium which is only 60 years old cannot be renovated; and Victory Stadium could become another Lane Stadium on a smaller scale with a seating capacity for 25,000 persons. Evelyn D. Bethel, 35 Patton Avenue, N. E., spoke in support of a thorough and independent cost estimate for the basic renovation of Victory Stadium based upon a design that would meet the Secretary of the Interior's Standards for Historic Tax Credit purposes. She pointed out that historic preservation of Victory Stadium has not been investigated to its fullest extent. She concurred in the remarks of a previous speaker with regard to renovating Victory Stadium in a manner similar to the City's involvement with the Jefferson Center, the Commonwealth Building and the Roanoke Higher Education Center. She asked that Council obtain realistic cost estimates for all options regarding Victory Stadium so that the decision of Council will be based on solid information and not on personal feelings. Patricia M. Pruett, 4902 Grandin Road, S. W., expressed concern that students attending Roanoke's high schools do not know where their football games will be played during the upcoming fall football season, and that their memories of high school football games will be diminished; therefore, the City owes them the opportunity to play football at Victory Stadium. She spoke in support of a cost analysis for renovation of Victory Stadium and that the current stadium remain a part of Roanoke's history for future generations. She expressed appreciation to the Members of Council for their devotion to the City and asked that Council do everything within its power to renovate and to maintain Victory Stadium. k;ckwbl\drafls~stadium 4pm 050205 28 John C. Graybill, 2443 Tiller Road, S. W., expressed appreciation to the Stadium Study Committee and advised that if he was convinced that Victory Stadium should be demolished, he would endorse the Committee's recommendation 100 per cent; however, he spoke against construction of a small football stadium at Patrick Henry High School because of the detrimental affects on surrounding residential streets. He stated that as a taxpayer, he pended upon City Council to make fiscally responsible decisions; $100 million has already been spent for two new high schools, even though Roanoke has a declining student population; funds that are proposed for construction of a track at each · high school totals approximately $1.3 million per school which could bemused toward renovating Victory Stadium; and the City could save additional taxpayers' dollars if the school system was instructed to save present gymnasiums and field houses, which were constructed because there were inadequate dressing facilities at Victory Stadium. He inquired if a track could be installed at Victory Stadium if the field were raised to prevent flooding, in addition to renovation of restroom and dressing facilities. He urged that Council obtain cost estimates on renovating Victory Stadium versus construction of a new stadium, that the community be given the opportunity to provide input into the study, and that citizens be allowed to vote on the fate of Victory Stadium through a referendum. Frieda G. Tate, 4556 Yanwinkle Road, S. W., expressed appreciation to Council Members for their service to the community. She spoke in support of preservation of local landmarks such as Victory Stadium and Jefferson High School, and advised that the citizens of Roanoke have overwhelmingly stated their preference for renovation of Victory Stadium. E. Dwayne Howard, 1135 Wasena Avenue, S. W., advised that the decisions of the Stadium Study Committee can be summarized as a rush to judgment; and it should be taken into consideration that the most crucial fact of the entire debate over Victory Stadium for the last 5 15 years has been the issue of structural integrity of the facility; therefore, the Committee should be starting its study now with the benefit of information contained in the consultant's report. He added that in the final analysis, the consultant advises that the stadium can be renovated for $4.5 million which is not a lot of money when considering today's figures as opposed to constructing a new facility. He added that the City needs Victory Stadium to host future events such as the X-games and gravity sports and encouraged the Members of Council to support the wishes of the majority of Roanoke's citizens by renovating Victory Stadium. k:ckwbl\draffs~stadium 4pm 050205 29 :' Peter White, 2615 Rosalind Avenue, S. W., asked that Council obtain cost estimates to renovate Victory Stadium and, in the interim, that Council give consideration to a location where high school football can be played in the fall. He asked that the City explore the cost of constructing a small stadium at each of the two high schools and advised that Council has a fiduciary responsibility to .' obtain cost estimates on all available options. Bill Tanger, 257 Dancing Tree Lane, Botetourt County, commended the work of the Stadium Study Committee. He stated that it was a wise recommendation to not recommend construction of a stadium at the Orange Avenue, site; therefore, he supported the concept of a new and large stadium to be constructed on Reserve Avenue. He advised that the Stadium Study Committee recommends a new 15,000 seat stadium; the engineer indicated that it would cost $45 to $60 million; Victory Stadium could be renovated at a cost of $4.6 million for structural repairs, although the cost of full renovations is not known at this time, therefore, the next step would be to determine whether the City wants to spend $45 to $60 million on a new stadium or to renovate Victory Stadium. He stated that an even larger issue is a voter referendum; Council has the ethical responsibility to empower the City to hold referenda, therefore, the time has come for Council to provide a mechanism that allows taxpayers to vote on major issues; virtually every major city in Virginia provides this authority and the City of Roanoke needs to take similar action. Terry Moomaw, 3426 West Ridge Circle, S. W., spoke on behalf of Gary Leah, Principal, Patrick Henry High School; Randy West, Athletic Director; a majority of the staff at Patrick Henry High School and a majority of the Patrick Henry High School PTA Board of Directors. He endorsed construction of an athletic facility at the two high schools. Chris Craft, 1501 East Gate Avenue, N. E., spoke in opposition to the demolition of Victory Stadium. He referred to that portion of the consultant's report that concession stands and restrooms could be raised to the same level as the stands for seating, thus removing any concerns with regard to the foundation underneath current seating stands. He spoke in support of renovation of the stadium and construction of concession stands and a press box. k:ckwbl \draffs~stadium 4prn 050205 30 Richard Kepley, 550 Kepplewood Road, S. E., a member of the Stadium Study Committee advised that Chairman Parrot presented the "majority" report, and he would present the "minority" reporL.~H~ poio~out that the Committee's report indicates that the Stadium ~1iOdl-'~1 ~:§~-';jb~fitl~:~0ntrolled by the Roanoke Civic Center and the Department of Parks and Recreation; the Civic Center was responsible for the stadium for the past four years; prior to that time, the Parks and Recreation Department was responsible for the facility, the Parks and Recreation Department engaged in a yearly program of replacing wooden seats with metal benches, and have been replaced during the past four year..s while Victory Stadium was under control of the Civic Center. He added that during the past ten years, three major brick works projects have been completed on the stadium; viz: both sides, both ends on the Jefferson Street side and under the press box, and space under the press box can still be used; he was advised informed that 90 per cent of the metal bleachers are in good condition, the other ten per cent could be repaired, and the area under the press box could be roped off. He stated that no brick work has been done in the last four years since the Civic Center was assigned responsibility for the facility; therefore, he asked that a specific City department be charged with the responsibility of managing and promoting use of the stadium in order to generate revenue. He spoke to issues regarding flood control and seating capacity and noted that some persons have said that the stadium is too large; however, it should be recognized that 260,000 people live within 20 minutes of downtown Roanoke, over 20,000 people have attended the Fourth of July celebration at Victory Stadium, and the Dave Matthews Concert drew over 30,000 people. He pointed out that the consultant advises that Victory Stadium is basically sound, all seats could be replaced with metal seats, brick work could be repaired, new risers and steps could be constructed, and ADA issues could be addressed in addition to restroom facilities and concession stands. He encouraged Council to obtain cost estimates on the renovation of Victory Stadium, compared to the cost of a new stadium and that there be an assessment of current metal bleachers before the City invests in the cost of temporary bleachers for high school football. Mr. Kepley called attention to past efforts by the City to restore Jefferson High School and The Hotel Roanoke and advised that the same should be done for Victory Stadium. k:ckwbl ~rafts~stadium 4pm 050205 31 Frank Roupas, 841 Warrington Road, S. W., spoke in support of renovating Victory Stadium. The Mayor presented a communication transmitting the following "Plan of Action for Stadium Decision" which was intended to facilitate conclusion of the matter. He explained that the Plan consists of requests for information, i.e.: cost estimates for certain stadium options, as well as referral of certain recommendations from the Stadium Study Committee to the City and School administrations; the Plan is responsive to the work of the Stadium Study Committee and to additional requests by the Members of Council. Plan of Action for Stadium Decision: Council direct the City administration to take the necessary steps that result in City Council receiving thorough, independent cost estimates from professionals with significant experience in designing and/or constructing new and renovated stadium projects for: A basic renovation of the existing Victory Stadium incorporating elements enumerated in Section A.5, Items B (if it meets historic standards), C through F, two turf options (one artificial, one natural), compliance with ADA standards, a renovated press box, upgraded lighting and sound systems, and with a minimum retention of 20,000 seats. Further, one renovation estimate should be based on a design to meet the Secretary of Interior Standards for historic tax credit purposes and the second estimate to not include said standards. A new stadium incorporating elements enumerated in Section A.5, Items B through L, with estimates reflecting seating capacities at 5,000, ].0,000 and ].5,000 benchmarks. All options take into account the impact of the flood · reduction project along the Roanoke River and make the appropriate adjustments to the construction estimates. k:ckwbl\draffs~stedium 4pm 050205 32 Council affirm the Stadium Study Committtee's recommendation that a stadium facility remain sited in the area outlined by Recommendation A.2. Council direct the City administration to provide a cost estimate for Item A.1. Council forward Recommendations B.1 and B.2 to the Roanoke City School Board for review and response. Council refer items contained in Recommendation B.3 to the City Manager for review and report back to City Council. Council refer Recommendation B.4 to the City Manager for review and report back to City Council. Recommendation B.5 is currently being addressed. The Mayor advised that the Members of Council provided input to the above referenced Plan of Action and previously indicated their concurrence, with the exception of Council Member Dowe who asked to reserve comment until today's meeting. Council Member Wishneff moved that Council approve the "Plan of Action for Stadium Decision" under date of April 27, 2005 as submitted by the Mayor. The motion was seconded by Council Member Lea. Vice-Mayor Fitzpatrick expressed appreciation to the Mayor for his leadership in resolving the issue. He advised that after having received additional information that the schools would prefer to have stadiums constructed at the two high schools, Council would be remiss if it did not obtain cost estimates; whereupon, in addition to instructing the City Manager to obtain cost estimates with regard to renovating Victory Stadium and constructing a new stadium, he offered an amendment to the motion that the City Manager be instructed to obtain cost estimates for construction of stadia at William Fleming and Patrick Henry High Schools and that Council receive public comment prior to taking any action on the matter. The amendment to the motion was seconded by Council Member McDaniel. k:ckwbl ~drafts~stadium 4pm 050205 33 Council Member Dowe expressed appreciation to the Mayor for his leadership. He advised that the job of Council is to be stewards of taxpayers' money and to take those actions that will put Roanoke in the best possible position. He concurred in the remarks of a previous speaker that there is no guarantee that a stadium at the Orange Avenue site would work, there is no guarantee that a refurbished Victory Stadium would work, there is no guarantee that a newly constructed stadium would work, but there must be at last one scenario that will provide the best likelihood of success. He called attention to certain challenges within the Mayor's proposed "Plan of Action," and he was willing to support the Plan; however, it would hoped that the Council would have the courage to include the original site on Orange Avenue. He stated that he was encouraged by the remarks of citizens who spoke in support of preserving The Jefferson Center which was accomplished as a result of public/private partnerships. Council Member Cutler stated that his vote would be based on his respect for the work of the Stadium Study Committee which was composed of a group of intelligent individuals who spent nine months on their assignment. He advised that if the Council expects citizens to volunteer for similar tasks in the future, Council must respect their recommendations; and the Stadium Study Committee voted unanimously in support of a new stadium to be bounded by Franklin Road, Jefferson Street, Reserve Avenue and the Roanoke River. Council Member McDaniel advised that she respects the recommendations of the Stadium Study Committee; however, she could not support any specific recommendation(s) without precise cost estimates. While cost estimates are prepared, she stated that costs for constructing a small stadium at each of the two high schools be explored. Council Member Lea spoke against the Vice-Mayor's amendment to the motion. He stated that the citizens of Roanoke have spoken, the Stadium Study Committee has submitted its recommendations and the Council should make a decision to either renovate Victory Stadium or to construct a new stadium. He asked that Council seek cost estimates prior to making a decision to either construct a new stadium or to renovate the present stadium, but to ask for cost estimates on stadia to be constructed at the two high schools would be a step backwards and send the wrong message; therefore, he would not support the amendment to the motion. k:ckwbl\drafts~stadium 4pm 050205 34 Council Member Wishneff advised that no citizen wants a stadium in their neighborhood and it would not be wise to send a message to citizens that the City is considering a stadium at either Patrick Henry or William Fleming High Schools. Mayor Harris respectfully disagreed with the Vice-Mayor's amendment to the motion on the grounds that Council should narrow the options so as to focus on a decision; members of the Stadium Study Committee invested nine months of time on the study and most of their major decisions were not unanimous, but the one decision that was unanimous was to site the athletic facility alor~g the Reserve Avenue corridor; and the Committee looked at constructing a stadium at each of the two high schools and unanimously reached the conclusion that it was not an option worth pursuing. There being no further discussion, the amendment to the motion; was defeated by the following vote: AYES: Council Member McDaniel and Vice-Mayor Fitzpatrick ......... 2. NAYS: Council Members Wishneff, Cutler, Dowe, Lea and Mayor Harris ............................................................ 5. The original motion was adopted by the following vote: AYES: Council Members Wishneff, Cutler, Dowe, Fitzpatrick, Lea, McDaniel and Mayor Harris .................................................... 7. NAYS: None ................................................... O. Mayor Harris expressed appreciation to the Stadium Study Committee, representatives of Sutton-Kennerly & Associates, the Members of Council and citizens who participated in the meeting. At 7:15 p.m., the Mayor declared the Council meeting in recess. The Council meeting reconvened at 7:25 p.m., in the Council's Conference Room, Room 451, with Mayor Harris presiding and all Members of the Council in attendance. k:ckwbl\drafts~stadium 4pm 050205 35 ARMORY/STADIUM: As previously indicated, City staff continued the briefing on 2005 high school football at Victory Stadium. Mr. Anderson advised that following Council's earlier discussion on the three options that were presented by staff for 2005 football at Victory Stadium, City staff looked at cutting new egress points into the front wall of the stadium on both sides that would provide approximately 4200 - 4300 seats across the front, into the end zone, with temporary portable bleacher seating of approximately 16 rows in order to gain another approximately 1300 seats,.which would increase seating capacity to about 5600 seats, at a cost of approximately $136,000.00 (Option B Hybrid), Option B Existing Stands - No portal Access 5580 Seating Capacity Access from Field Side Only Net Seats Bleacher Rental Portable Toilets Scoreboard and Sound System Fencing Press Box Filming Platforms Repair Concrete Steps Additional Egress Gates from field side 26,100.00 21,900.00 12,000.00 30,000.00 15,000.00 3,000.00 20,000.00 8,000.00 $ 136,000.00 Following discussion, it was the consensus of Council to approve the above referenced Option 13 Hybrid. After further discussion, by consensus of the Council, the following was approved: For liability purposes, Victory Stadium will not be available for any activity other than high school football and the Western Virginia Education Classic. Concessions will be operated by High School Boosters Clubs. The school system will pay the same rental rate as in past years for use of Victory Stadium. k:ckwbl\draffs~stadium 4pm 050205 36 Athletic teams will be requested to dress for football games at their home schools and the School system will provide a location for dressing by visiting athletic teams. The Victory Stadium Capital Account will be used to fund temporary improvements to Victory Stadium. At 8:00 p.m., the Mayor declared the Council meeting in recess until Wednesday, May 4, 2005, at 8:30 a.m., in Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., at which time the Council would engage in Fiscal year 2005-2006 Budget Study. k:ckwbl \drafts~stadium 4pm 050205 37 The meeting of Roanoke City Council reconvened on Wednesday, May 4, 2005, at 8:30 a.m., in Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., City of Roanoke, for fiscal year 2005-2006 Budget Study, with Mayor C. Nelson Harris presiding. PRESENT: Council Members Brian J. Wishneff, M. Rupert Cutler, Beverly T. Fitzpatrick, Jr., Sherman P. Lea, Brenda L. McDaniel and Mayor C. Nelson Harris ............................................................................................................ 6. ABSENT: Council Member Alfred T. Dowe, Jr.- ....................................... 1. OFFICERS PRESENT: Darlene L. Burcham, City Manager, William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Stephanie M. Moon, Deputy City Clerk. OTHERS PRESENT: Rolanda B. Russell, Assistant City Manager for Community Development; George M. McMillan, Sheriff; Evelyn W. Powers, Treasurer; Sherman M. Stovall, Director, Office of Management and Budget; and Amelia Merchant, Budget Management Analyst, Office of Management and Budget. COUNCIL: The Mayor announced that no public hearings were scheduled to be heard by the Council on Monday, May 16, 2005, whereupon, he suggested that the 7:00 p.m., Council meeting be cancelled. Vice-Mayor Fitzpatrick offered the following resolution: (#37042-050405) A RESOLUTION canceling the portion of the regular meeting of City Council used for the conduct of public hearings which is scheduled to be held at 7:00 p.m., on Monday, May 16, 2005, and amending Resolution No. 36762-070704, which established the meeting schedule for the Fiscal Year commencing July 1,2004, and terminating June 30, 2005. (For full text of resolution, see Resolution Book No. 69, Page 370.) Vice-Mayor Fitzpatrick moved the adoption of Resolution No. 37045- 050405. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members Wishneff, Cutler, Fitzpatrick, Lea, McDaniel and Mayor Harris ................................................................................................. -6. NAYS: None ......................................................................................... O. (Council Member Dowe was absent.) BUDGET: The City Manager advised that at the Council's Financial Planning Session, which was held on February 18, 2005, it was reported that the financial and budget situation was better this fiscal year than in the past two years. She further advised that as stated during the April 18, 2005 Council meeting, the City has experienced good revenue growth, both in local taxes, and primarily in real estate taxes, which are the City's main sources of revenue, along with some improvements in State revenue which have not been available to the City in previous years. She noted that the City has a number of needs to be addressed as the cost of doing business increases; and the proposed budget includes several efforts that the Council previously outlined, such as ,debt service to accomplish construction of the two high schools, and to maintain progress with regard to equipment replacement, building maintenance, technology and street paving. The City Manager pointed out that seven positions were reinstated that had been unfunded in previous years, i.e.: four positions in Street Maintenance and Social Services Departments, an additional law clerk for the judges which is funded in partnership with Roanoke County and the City of Salem, and two positions in the Planning, Building and Development Department. She added that recommendations to improve landscaping at the Roanoke Centre for Industry and Technology and promotion of the City's brand identity are considered to be key activities to improve economic development opportunities for the City of Roanoke. She referred to an editorial in The Roanoke Times with regard to Council's strategic decision to purchase the Countryside Golf Course, which is important to the City's efforts, not only to increase additional housing opportunities, but to provide opportunities for additional business development. She also called attention to the Colonial Green Project which is another project that is designed to make Roanoke more attractive to persons visiting the Roanoke Valley. The City Manager noted that additional funding was included in the proposed budget for parks and recreation activities, greenways, outdoor events support, the Discovery Center and program activities, and recommendations for improvements to storm drainage maintenance and traffic signal equipment replacement. She emphasized that consideration was given to various issues that were discussed by the community at large and by the Members of Council, and she was pleased to present a balanced 2005~2006 fiscal year budget. She called attention to certain proposed constitutional modifications to the real property tax as proposed by the two gubernatorial candidates, and expressed concern with regard to the potential of lower property tax revenue for the City leading to reduced public services and/or higher real property tax rates. Council Member Cutler stated that the landscaping environment at the Roanoke Centre for Industry and Technology should be more natural in appearance, and suggested the creation of hiking trails and appropriate locations for outdoor dining for employees who work in the industrial park. He requested information with regard to a utility fee for storm water management. The Director of Finance called attention to an additional allocation of $12 million in funds within the proposed 2005-2006 Fiscal Year Budget. ITEMS REFERRED TO BUDGET STUDY Additional Operatinq Funds for Mill Mountain Theatre Mr. Stovall called attention to discussions by the Mayor, the Vice-Mayor and City staff with representatives of Mill Mountain Theatre regarding the financial status of Mill Mountain Theatre and assistance by the City of Roanoke; whereupon, the following options were presented: Marketinq initiative - $137,200.00 · Enhancing general ticket sales through a sustained television advertising campaign and permanent signage, such as a marquee and the use of print media. Development Initiative ~ $27,764.00 · Enhancing individual contributions, corporate sponsorships, and secure government and foundation grants. Additional technology support, such as computers and clerical support positions. Capital Improvements - $750,000.00 · Provide $200,000.00 for capital improvements over four years. Allocate funding as a part of the Capital Maintenance and Equipment Replacement Program. Mr. Stovall stated that it is recommended that $209,000.00 be provided for capital improvements over four years to be allocated as a part of the Capital Maintenance and Equipment Replacement Program, which is consistent with the provision of capital funding provided to the Grandin Theatre and The Dumas Center. He added that the Mountain Theatre is receptive to the City's recommendation, but requested the following considerations: · $125,000.OO in the first year and $25,000.00 each year for three years; and · Provision for funds in July 2005 to facilitate improvements during the off-season. The City Manager advised that the City will provide non-cash assistance to Mill Mountain Theatre, as follows: technology expertise from the Department of Technology and clerical support through a program administered by the Department of Social Services. There being no further questions/comments, Council Member Cutler moved that Council concur in the following recommendation: $209,000.00 be provided for capital improvements over four years to be allocated as a part of the Capital Maintenance and Equipment Replacement Program; $125,000.00 in the first year and $25,000.00 each year for three years; Provision for funds in July 2005 to facilitate improvements during the off-season; and Provide non-cash assistance to Mill Mountain Theatre, as follows: technology expertise from the Department of Technology and clerical support through a program administered by the Department of Social Services. The motion was seconded by Council Member McDaniel and adopted. Public Safety Pay Mr. Stovall advised that: In an effort to address the recruitment and retention of Police Officers, an enhanced level of compensation was provided, effective January 1,2005. A request to provide the same level of enhanced compensation to Deputy Sheriffs was suggested by Sheriff George McMillian. Council subsequently provided instructions to adjust the recommended fiscal year 2005-2006 budget to provide Deputy Sheriffs and Fire-EMS employees the same level of enhanced compensation that was provided to Police Officers. · Annual implementation cost will $1,050,000.00, effective July 1,2005. be approximately Implementation of the enhanced level of compensation for Deputy Sheriffs and Fire-EMS employees, effective July 1, 2005, would require a reduction in pay increases granted to all City employees from three per cent to two per cent. Mr. Stovall reviewed the following options: · Delay provision of enhanced compensation to Deputy Sheriffs and Fire-EMS employees until January 1,2006. · Reallocate $120,000.00 recommended for Fire-EMS Career Enhancement Program to base pay. Delay provision of enhanced compensation for all City employees until January 1, 2006, and increase the pay raise from three per cent to four per cent as an incentive to employees for the delay in implementation. Cost: · Total annual cost of approximately $4 million. · Fiscal year 2005-2006 cost of approximately $2 million for one-half year. · Fiscal year 2006-2007 cost of additional $1.3 million as the full cost of enhanced compensation is incurred. Mr. Stovall reviewed the following staff recommendations: Provide Sheriff and Fire-EMS employees the same level of enhanced compensation that was approved for Police Officers, effective January 1, 2006, which will result in an increase of four per cent and a potential classification modification for public safety employees who complete the probationary period. Increase the recommended pay raise for all City employees from three per cent to four per cent, effective January 1, 2006. Discussion: Council Member Cutler inquired about the average percentage pay increase for City employees; whereupon, Mr. Stovall advised that over the past several years, the average pay increase has been between two and one-half to three per cent. The City Manager pointed out that the budget message states that the City lags behind benchmark communities in terms of general compensation, not public safety compensation, and urged that Council consider the recommendation to delay the pay increases so that the City . would not fall any further behind in competitiveness. Council Member Lea requested clarification with regard to delaying the pay increases until January 1,2006, in order to provide an eight per cent increase for Sheriff and Fire/EMS employees. Mr. Stovall responded that the eight per cent pay increase would provide the Sheriff and Fire/EMS employees with the same level of enhanced compensation that was provided to Police Officers in January 2005. Council Member Lea expressed concern with regard to the majority of City employees at certain grade levels who may be in need of additional financial assistance today, as opposed to January 1, 2006, and inquired as to the number of employees who would be affected by the delay. The City Manager responded that over 40 per cent of the City's work force is in public safety, which will cost approximately $1 million to address recruitment/ retention issues. In terms of the remaining 60 per cent of City employees, she stated that the majority falls in the category of approximately $30,000.00 annually, and the City provides a certain amount of funds each year toward employee health coverage. Vice-Mayor Fitzpatrick made the observation that there will be a better long term gain to the employee as a result of implementing the raise on January 1, 2006, which will be to the benefit of the employee at retirement. Council Member Cutler inquired if there is a problem with competitive salaries in other City departments such as Planning, Engineering, Parks and Recreation, etc., or has the City created two classes, i.e.: public safety employees and other employees. The City Manager responded that the City surveys all classifications annually to determine competitiveness with certain benchmark communities and adjustments are made accordingly. 6 Council Member Wishneff inquired about the amount of percentage received from the State Compensation Board for the Sheriff's Department; whereupon, the City Manager advised that the State establishes salaries and classifications for all Constitutional officers and their employees. She added that several years ago, Council voted to place employees of Constitutional officers under the City's Pay and Classification Plan; and almost without exception, the City's Pay Plan pays more than the amount approved by the State Compensation Board for employees within certain classifications. She further advised that an increase approved by the General . Assembly provides a greater reimbursement to the locality for the cost of salaries, but the reimbursement does not equal the amount that is paid by the City. Council Member McDaniel asked about the impact of phasing in pay increases, i.e.: a one per cent pay increase on July 1,2005, and the remaining three per cent on January 1,2006. The City Manager responded that if Council approves any type of pay increase, a two per cent increase, effective July 1, 2005, would be suggested as opposed to piecemeal so that the increase can be seen by the employee in its entirety. Mayor Harris advised that the City has a financial commitment to properly train public safety employees due to their work environment, and the personal risk they take in the line of duty, etc. He called attention to a bronze memorial that is dedicated to fallen police officers, and made the observation that no memorial is dedicated to the memory of employees who have lost their lives in the line of duty in other City departments. Council Wishneff inquired if a pay increase could be provided in December 2005 for all City employees, excluding public safety employees. Mr. Stovall responded that if a pay increase is provided prior to January 1,2006, it would be necessary to reduce funding in storm drainage maintenance, enhanced bridge maintenance, fleet replacement, building maintenance, street paving and technology. The City Manager suggested that if Council wishes to grant a pay increase for City employees prior to January 1,2006, it is requested that staff be given the opportunity to revisit the proposed budget to make recommendations to Council regarding specific adjustments. There being no further questions/comments, Council Member Cutler moved that Council approve the recommendation of the City Manager to increase the proposed pay raise for all City employees from three per cent to four per cent, and eight per cent for Sheriff and Fire-EMS employees, effective January 1, 2006. The motion was seconded by Vice-Mayor Fitzpatrick and adopted. 7 Retiree Benefits - Cost of Livinq Adjustment The Director of Finance reviewed the following: · Factors considered in providing an adjustment: o Change in consumer price index o increased cost to the pension plan Level of raises provided by similar plans within the State o The level of increase provided by Social Security · Eligible members of the Pension Plan received a 2.1 per cent cost-of-living adjustment on July 1,2004. · Association of Municipal Retirement Systems of Virginia Cost of Living Adjustments: Proposed Locality FY 06 Arlington 2.70% Charlottesville 2.00% Fairfax County - Education 3.00% Falls Church 1.30% Newport News 1.85% VRS 2.70% Social Security 2.70% The Director of Finance submitted the following recommendation: · Provide a 2.25 per cent increase to eligible members of the Pension Plan, effective July 1,2005; · Provides for an increase in the average annual retirement allowance of approximately $273.00 on an annual basis; Cost of an additional $420,999.00 in benefits annually or $259,000.00 in annual contributions to the Pension Plan; and · Pro-rata share of annual contributions for the City of Roanoke - $225,000.00. Council Member Cutler inquired if employees of the Western Virginia Water Authority were included in the City's Pension Plan; whereupon, the Director of Finance stated that former City employees who transferred to the Water Authority would remain in the City's Pension Plan. The Director of Finance recommended that Council consider a 2.S0 per cent cost-of-living increase for City retirees, effective January 1, 2006, as opposed to a 2.25 per cent increase, effective July 1, 2005. Vice Mayor Fitzpatrick moved that Council approve a 2.50 per cent cost-of-living increase for City retirees, effective January 1, 2006. The motion was seconded by Council Member Cutler and adopted. Retiree Benefits - Health Insurance Supplement~ The Director of Finance advised that the City's Pension Plan currently provides a 75 per cent monthly supplement of the amount of health insurance supplement to active employees, or $221.25 to City retirees with at least 20 years of service until age 65, and the supplement is provided to complement a retiree's pension allowance until Medicare eligibility. He added that employees with 15 years or more of service are allowed to continue health care coverage in the Pension Plan until age 65 by paying a blended premium rate that takes into consideration the premium paid for active employees, rather than a true retiree rate. He noted that previous consideration was given to providing a health insurance supplement to retirees 65 years of age or older; however, due to the cost of maintaining the current level of benefits and providing a cost of living adjustment to retirees, it is not financially prudent at this time to provide the enhanced benefit. Council Member Wishneff inquired about the benefits of a joint City/School health insurance contract; whereupon, the City Manager called attention to discussions with staff of the Roanoke City School Board and suggested that Council provide the leadership to initiate a regional study regarding creation of a valley- wide health insurance consortium. The City Manager advised that the City of Roanoke has previously expressed a willingness to change the anniversary date for renewal of its health insurance contract from a fiscal year basis to a calendar year basis in order to be in line with other localities. Without objection by Council, the Mayor advised that the remarks would be received and filed. Roanoke-Salem Baseball Hall of Fame: Mr. Stovall reviewed the following: A request has been submitted for a contribution for construction of the Roanoke-Salem Baseball Hall of Fame in the City of Salem; 9 · Anticipated cost of the building is $350,000.00; · The City of Roanoke previous donated $10,000.O0. The City Manager recommended that Council: · Consider making a donation as a part of the Capital Maintenance and Equipment Replacement Program process. · Prior to forwarding a donation, a specific amount will be recommended to the Council for approval. Additional Fundinq to Cultural Orqanizations: · The budget includes approximately $560,000.00 in funding to cultural agencies. $335,500.00 is allocated by the Roanoke Arts Commission · Funding is increased annually based on the growth in discretionary revenue. · The level of funding provided is more than the anticipated admissions tax revenue of $465,000.00. The City Manager advised that the City of Roanoke does not supplement operating programs, and emphasized that all capital needs should have a donor because the program or activity is not strictly a City activity. Council Member Wishneff suggested that an Arts Cultural District be established, along with a financial incentive for businesses to be located in the district. He spoke in support of implementing the district within the next year. Vice-Mayor Fitzpatrick indicated that a Business District Plan was created in 1995 and suggested that the Plan be reviewed to determine if a cultural district was included. Council Member Cutler inquired about the status of funding for completion of the Public Art Plan; whereupon, the City Manager stated that Council authorized an appropriation of $50,000.00 from the One Percent for the Arts account and it is anticipated that the Plan would be completed within the next 30 - 60 days. She suggested that a Council work session be scheduled in June or July. l0 OTHER BUSINESS: Vice-Mayor Fitzpatrick requested clarification as to the availability of funds for services performed by the City's Legislative Liaison to the Virginia General Assembly. The City Attorney called attention to a decrease in the amount of funds allocated to professional services in the City Attorney's budget. He explained that the account covers expenses of the Legislative Liaison and various expenses incurred by the City with regard to litigation of cases, and the budget of the Legislative Liaison is based upon whether there is a short session or a long session of the General Assembly. He stated that over expenditure occurs in the account because the costs associated with processing litigation claims must be estimated, and litigation costs and Legislative Liaison expenses are funded through the same account. Therefore, he requested the assurance of Council that funds will be approved in the event of a shortfall of funds in the City Attorney's professional services account. Vice-Mayor Fitzpatrick stated that due to the importance of services provided by the City's Legislative Liaison, Council would support requests for additional funds to be allocated to the City Attorney's budget. Domestic Violence Council Member Wishneff inquired if the City has the necessary resources to address domestic violence; whereupon, the City Manager responded that the biggest challenge to the City does not relate to resources, but to education. In an attempt to educate, she stated that information on domestic violence has been forwarded to local churches for distribution within the various communities. Council Member Wishneff inquired if there are legal solutions to domestic violence; whereupon, the City Manager advised that she would meet with the Chief of Police to determine if there are legislative solutions that would allow for a different level of intervention by police officers. The Assistant City Manager for Community Development advised that the Police Department will work with School Resource Officers at the two high schools to educate youth with regard to appropriate behavior and programs will be instituted at branch public libraries in the various neighborhoods. Vice-Mayor Fitzpatrick suggested that the Mayor, the City Manager, the Chair of the Roanoke City School Board and the Superintendent of Schools discuss a curriculum to change the cycle of domestic abuse beginning at the elementary school level. Downtown Parkinq: Council Member Wishneff expressed concern with regard to the number of persons working in the downtown Roanoke area who do not have adequate parking, and advised that an aggressive effort should be made to bring monthly parkers downtown during business hours. He suggested that the City consider a decrease in monthly parking rates in parking garages/parking lots owned by the City of Roanoke. The City Manager advised that the City's parking garages charge a uniform parking rate of $65.00 per month for an unreserved space and $85.00 per month for a reserved space, and the rates have been in effect for several years. She added that the City of Roanoke's parking rates are lower than private sector rates, with the exception of surface parking lots located on Day Avenue, S. W. The City Manager further advised that the City provides discounts to large volume business users and offers discounts if the employer chooses to pay parking on a type of blanket basis. She noted that staff reviews parking, as well as what can be done to accommodate a new business or prospective business that contacts the City, as to the availability of parking and whether or not the City can offer a discounted parking rate. Council Member Wishneff suggested an across the board parking rate discount to be used by Downtown Roanoke, Inc., as a recruiting tool to encourage more people to visit the downtown area. The City Manager advised that if the Council wishes to give consideration to an adjustment in parking rates, the issue needs more detailed discussion by Council including additional information to be provided by City staff inasmuch as the parking fund is a self-supporting fund and if rates are reduced on a city- wide or system-wide basis, the Parking Fund would have to be subsidized. She added that maintenance activities are built into the Parking Fund in order to keep the City-owned garages in good condition; and within approximately two years, two new garages will be constructed that will require activity to support the cost of debt service. Council Member Wishneff inquired if the City has an annual contract with Downtown Roanoke, Inc.; whereupon, the City Manager advised that Downtown Roanoke is funded through a Downtown Service Fund that was created approximately nine years ago and the contract is scheduled for renewal in 2006. She further advised that the only funding provided by the City beyond the Service Fund is the traditional ten cents on the tax rate that the City collects and thereafter distributes to Downtown Roanoke on a quarterly basis; and the City provides Downtown Roanoke with $10,000.00 toward expenses incurred for the Dickens of a Christmas activities (primarily the parade) and Downtown Roanoke, Inc., manages the Farmer's Market and is responsible for collecting and retaining rental fees. 12 Mayor Harris suggested that Council engage in a work session to discuss issues regarding downtown Roanoke, i.e.: what can the City do to attract people to downtown and development of a strategy to increase parking in downtown Roanoke. Vice-Mayor Fitzpatrick suggested that the briefing should also include the downtown study of the City Market area. The City Manager advised that since the matter requires additional discussion, it is suggested that the work session be held after the appointment of a new Director of Economic Development, and following discussions by the Director of Economic Development and the Acting Executive Directo. r of Downtown Roanoke, Inc., regarding issues pertaining to the downtown area. EventZone: Council Member Cutler inquired about the City's relationship with EventZone; whereupon, the City Manager advised that the City of Roanoke provides approximately $170,000.00 to EventZone, which was created as a result of Festival in the Park and the City's Special Olympics. Oliver White Hill Foundation: Council Member Lea inquired about the status of measures to preserve the Oliver White Hill house; whereupon, the City Manager advised that a specific request for funds from the Oliver White Hill Foundation was not received for the fiscal year 2006 budget development process. She further advised that during the 2005 budget cycle for Community Development Block Grant funds, the City received a request from the Oliver White Hill Foundation, in the amount of $150,000.00, for what was identified as Phase I of the project, which involved property acquisition, architectural design, exterior repairs, and handicap accessibility; and the initial plan of the Foundation was to convert the property, which is currently occupied by two families, into a multi-use structure with a civil rights center to be located in the basement and on the first floor, and two rental units on the second floor level. The City Manager stated that staff did not recommend CDBG funding in last year's budget cycle due to a concern that the project would not meet eligibility requirements for Community Development Block Grant funding and the City could not document either the creation of jobs or that the majority of patrons of the facility would be in the Iow-moderate income category. She further stated that in communicating the City's position to the Foundation, it was explained that the City would consider funding a portion of the project through the Capital Maintenance and Equipment Replacement Program; however, to date, the Foundation has not demonstrated the ability to raise funds for a portion of acquisition costs or for rehabilitation of the property. The City Manager stated that she met with representatives of the Virginia Law Foundation who expressed an interest in contributing financially to the project; however, no response has been received from the Oliver White Hill Foundation. She advised that funding should be predicated on a matching funds program similar to the Dumas Center, the Grandin Theatre, and Mill Mountain Theatre. Mayor Harris suggested that he and Council Member Lea meet with business leaders in the African American community in an informal setting to discuss issues surrounding the historic section of Gilmer Avenue which may prompt an existing organization to partner with the City of Roanoke to develop the project. Mayor Harris also suggested that he and Council Member Lea work with City staff on development of a business plan. Council Member Cutler referred to other historic landmarks within the northwest community, such as the Harrison Museum of African American Culture, the Martin Luther King, Jr. Bridge, and the Dumas Hotel and suggested that discussions be held with the community with regard to creating a larger district that could lead to increased financial support for the area. First Street Bridqe Council Member McDaniel inquired about the status of the First Street Bridge; whereupon, the City Manager advised that signs have been installed, and the Federal Government has awarded the City $500,000.00 which can be used for the bridge itself and other planned amenities. She stated that Hayes, Seay, Mattern and Mattern was the sole bidder responding to the City's Request for Proposal to develop bridge design; and it is anticipated that the Federal Government will approve design of the pedestrian bridge by early fall. She added that a detailed construction schedule would be included in the Council Update. Council Member Cutler suggested that a progress report also be forwarded to the First Street Bridge Committee. Contribution Toward Onqoinq Efforts at Smith Mountain Lake: The City Manager called attention to a communication from the Franklin County Administrator requesting that the Cities of Roanoke and Salem and Roanoke County contribute $10,000.00, each, to Franklin County to address ongoing efforts to clean-up Smith Mountain Lake; and in 2004, the City received a similar request from the Tri-County Group and the Western Virginia Water Authority made a contribution on behalf of the City of Roanoke and Roanoke County. ]4 The City Manager explained that as part of the consent decree agreement between the Water Authority and the Department of Environmental Quality, the Water Authority will continue to make contributions to the Tri-County Group, which is a citizen-based organization. She added that the Water Authority does not intend to make a contribution to Franklin County, which is responsible for a majority of the cost to clean-up Smith Mountain Lake; therefore, she recommended that $10,000.00 be approved by Council and forwarded to Franklin County to be used toward clean-up efforts at Smith Mountain Lake. Roanoke River Update Council Member Cutler inquired about the appointment of a River Keeper for the Roanoke River; whereupon, the City Manager advised that an update will be presented at the Council's Work Session on June 6, 2005, regarding a plan of action for management of the Roanoke River. CLOSING COMMENTS: Pay for Performance Increase The City Manager advised that a communication would be forwarded to all City employees outlining the Council's decision with regard to the compensation issue and outlining the deliberation of Council as it struggled to make a difficult decision. Proposed Budget Stabilization Reserve Policy The Director of Finance called attention to previous discussion by Council at the Financial Planning Session on February 18, 2005, with regard to establishment of a Budget Stabilization Reserve Policy. He stated that enactment of the Policy will be beneficial in the City's continued commitment to long-term financial planning; and the Government Finance Officers Association and other organizations recommend that local governments develop and adopt financial management policies as components of their financial management systems. The Director of Finance advised that the proposed reserve policy is intended to demonstrate a commitment to long term financial planning; and reserve policies continue to receive a greater emphasis from bond credit rating agencies as financial stress increases for local governments. He further advised that the reserve policy would be used in conjunction with the City's other financial policies to help ensure financial stability and protection of the City of Roanoke's "double-A" bond rating credit quality; and guidelines will be established to maintain the Budget Stabilization Reserve Policy, which is referred to as a "rainy day fund". Mr. Hall indicated that the Capital Maintenance and Equipment Replacement Program Policy is in conflict with the proposed Budget Stabilization Reserve Policy; therefore, it will necessary to amend the City Code inasmuch as the intent of the CMERP ordinance will no longer be needed. The Director of Finance advised of the need for an economic and community development reserve to provide a supplement to economic and community development funds that are included in the City's Capital Improvement Program. He explained that the City has historically funded certain capital improvement programs on a cash basis, and the Economic and Community Development Reserve would provide a source of funding which would create flexibility to cash fund unforeseen opportunities that may arise in areas of economic development and community development. He stated that the proposed Economic and Community Development Reserve Policy is intended to demonstrate a commitment to financial planning for economic and community development projects which may provide future growth opportunities and expansion of Roanoke's tax base. In the interest of continuing and promoting sound financial decisions, the Director of Finance recommended that Council take the following actions at its meeting on Tuesday, May 10, 2005: Adopt a Budget Stabilization Reserve Policy; Modify the Debt Service Policy to reflect the impact of the proposed Budget Stabilization Reserve Policy; Repeal the Capital Maintenance Program which conflicts with the Policy; and and Equipment Replacement Budget Stabilization Reserve Create an Economic and Community Development Reserve Policy Announcements Vice-Mayor Fitzpatrick announced that the Flat Car located at the Railwalk will be used for the Chili Cook-off Annual Festival on May 7, 2005. He stated that the Flat Car would ultimately become the main stage when construction commences on the new Art Museum. There being no further business, at 11:45 a.m., the Mayor declared the meeting in recess until Tuesday, May 10, 2005, for the purpose of adopting the 2005-2006 fiscal year budget for the City of Roanoke. The Council of the City of Roanoke reconvened on Tuesday, May 10, 2005, at 2:00 p.m., in the Roanoke City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., City of Roanoke, with Mayor C. Nelson Harris presiding. 16 PRESENT: Council Members M. Rupert Cutler, Alfred T. Dowe, Jr., Beverly T..Fitzpatrick, Jr., Sherman P. Lea, Brenda L. McDaniel and Mayor C. Nelson Harris---6. ABSENT: Council Member Brian J. Wishneff- .......................................... 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 Vice-Mayor Beverly T. Fitzpatrick, Jr. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Harris. BUDGET: The Mayor advised that the purpose of the meeting was to adopt measures enacting the City of Roanoke's 2005-2006 fiscal year budget. The Mayor announced that Council would consider a revised pay ordinance granting all City employees a three per cent pay increase, effective July 1, 2005 instead of January 1, 2006; and an additional increase of four per cent would be allotted to public safety employees, commencing January 1, 2006. He explained that in January 2005, Council authorized a four per cent increase for the Police Department to help with recruitment and retention initiatives, and when the action was taken, it was understood that the Council was temporarily breaking a type of pay parody or pay equalization among the City's public safety departments, i.e.: Police Department, Fire/EMS Department, and the Sheriff's Department. He called attention to discussions with a number of City employees who support a general pay increase of three per cent commencing on July 1, 2005, as opposed to a four per cent increase effective January 1, 2006; therefore, after conferring with the Members of Council, the City Attorney was requested to prepare revised measures for the Council's consideration. The Mayor advised that Council would also consider authorizing a 2.25 per cent cost-of-living increase for City retirees, effective July 1, 2005, instead of a 2.50 per cent increase effective January 1,2006. The Mayor stated that Council values and appreciates the work of all City employees, it was not the intent of Council to pit or to promote one group of City employees over and above another group, and no Member of Council intended to imply that public safety employees are more committed or more dedicated to their jobs than other City employees. He advised that earlier in the day he met with Reed P. Cotton, Jr., the son of a former City employee, who lost his life in a tragic accident in the line of duty to express appreciation for the 20+ years of service that his father gave to the Roanoke community as an employee in the Solid Waste Management Department. He explained that Council met in fiscal year 2005-2006 budget study on Wednesday, May 4, 2005, and diligently addressed numerous budget related issues over a period of four to five hours; and pointed out that information provided by the news media as it relates to Council meetings does not always accurately reflect the full discussion by Council on certain issues. INTRODUCTION RESOLUTIONS: AND CONSIDERATION OF ORDINANCES ,AND BUDGET: A Certificate of funding submitted by the Director of Finance advising that funds required for the 2005-2006 General Fund, Civic Facilities Fund, Parking Fund, Market Building Fund, Department of Technology Fund, Fleet Management Fund, Risk Management Fund, School Fund, School Food Services Fund, and Grant Fund budgets will be available for appropriation, was before Council. Without objection by Council, the Mayor advised that the Certificate of Funding would be received and filed BUDGET-PARKS AND RECREATION-FEE COMPENDIUM-LIBRARIES: The City Manager submitted a communication advising that in developing the budget for fiscal year 2005-06, departments were asked to review their fee structures and, where feasible, propose fee schedule (compendium) changes that focus on recovering the cost of providing services. it was further advised that the recommended fiscal year 2005-2006 budget incorporates proposed fee structure changes for Elmwood Park Amphitheater rental, mobile stage rental, outdoor pool entrance, fitness centers, library copy fees, rental inspection fees, asbestos removal permit fees, manufactured homes and modular buildings permit fees, tent and membrane structure permit fees and temporary certificate of occupancy renewal fees. Elmwood Park Amphitheater Fee Currently, the charge for rental of the EImwood Park Amphitheater is $150.00 per day assessed to any organization utilizing the facility. The proposed fee will increase the current charge to $250.00. Mobile Staqe Fee Parks and Recreation currently charges a fee in a two-tier structure: $600.00 per day for 501(c) organizations not charging admission and $900.00 per day for events charging admission. The proposed fee will increase the charge as follows: $900.00 per day for 501(c) organizations not charging admission and $1,200.00 per day for events charging admission. 18 Outdoor Pool Entrance Fee The entrance fee for outdoor pools has not been increased in more than 10 years. Currently, the entrance fee is $1.00 for youth and $2.00 for adults. The proposed increase will result in the following entrance fee structure: $2.00 for youth and $3.00 for adults. Fitness Center Fees Currently, Parks and Recreation administers a two-tier fee structure for both monthly and daily fitness center memberships. Residents are assessed a fee of $4.00 for daily membership and $15.00 for . monthly memberships; and non-residents are assessed a fee of $5.00 for daily membership and $22.00 for monthly memberships. The proposed fee adjustments will result in the following fee structure: Residents - $5.00 for daily membership and $18.00 for monthly membership; non-residents - $6.00 for daily membership and $25.00 for monthly membership. Library Copy Fee: The Library currently charges $0.10 for each single copy made in the public library system. The proposed increase to $0.1 5 for each single copy will more appropriately align the fee with the actual cost assessed to the library for offering the service to library patrons. Rental Inspection Fee: Currently, Housing and Neighborhood Services charges a fee of $75.00 for the initial inspection as well as periodic inspections. Subsequent follow-up visits are charged at a rate of $35.00 each. A fee of $25.00 will be levied for the initial and periodic rental inspections. Follow-up compliance inspections will be levied at a rate of $50.00 each. Asbestos Removal Currently, the permit for the removal of asbestos is issued based on valuation of the project. The proposed fee adjustment will institute a flat fee of $45.00 per certificate. Manufactured Homes and Modular Buildings At present, the building permit is issued with the fee being determined based on valuation of the property. The proposed adjustment will result in a building permit being issued based on the structure: $75.00-single wide, $100.OO-double wide, and $125.00-triple wide. Tent and Membrane Structures At present, building permits are issued for the erection of tent and membrane structures over 900 square feet at a cost based on the value of the structure or the rental fee for the structure. The proposed adjustment will result in those permits being issued at a flat cost of $50.00 each. Temporary Certificate of Occupancy Renewal Currently, residents are issued renewal Temporary Certificates of Occupancy without a fee; a fee structure for renewal is recommended. The first renewal certificate will be issued for a fee of $75.00, and subsequent renewal certificates will be issued at a fee of $125.00 each. The City Manager recommended that Council adopt a resolution and amend the City's Fee Schedule (Compendium) to reflect changes in the above referenced fees, effective July 1,2005. Council Member Dowe offered the following resolution: (#37043-051005) A RESOLUTION amending the City's Fee Compendium to provide for revised fees for use of City park facilities and services and for new and revised inspection fees in order to update current fees and promote uniformity with fees charged by the City and surrounding localities; and providing for an effective date. (For full text of resolution, see Resolution Book No. 69, Page 371 .) Council Member Dowe moved the 37043-051005. The motion was seconded adopted by the following vote: adoption of Resolution No. by Vice-Mayor Fitzpatrick and AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel and Mayor Harris .................................................................................................. 6. NAYS: None ......................................................................................... O. (Council Member Wishneff was absent.) Vice-Mayor Fitzpatrick offered the following resolution: (#37044-051005) A RESOLUTION amending the City's Fee Compendium to provide for revised fees for use of City park facilities and services and for new and revised inspection fees in order to update current fees and promote uniformity with fees charged by the City and surrounding localities; and providing for an effective date. (For full text of resolution, see Resolution Book No. 69, Page 373.) 2O Vice-Mayor Fitzpatrick moved the 35044-051005. The motion was seconded adopted by the following vote: adoption of Resolution No. by Council Member Dowe and AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel and Mayor Harris .................................................................................................. 6. NAYS: None ......................................................................................... O. (Council Member Wishneffwas absent.) BUDGET-CITY CODE-TAXES: The City Manager submitted a communication advising that in March 2000, as part of the Financial Planning Work Session, Council began planning for future capital projects, including the renovation of Patrick Henry High School; as a part of the planning process, Council agreed to begin setting aside $570,000.00 in debt service funding on an annual basis to build debt capacity for future projects; and the strategy included building the necessary capacity to support the City of Roanoke's share of the Patrick Henry High School project. It was further advised that at its next Financial Planning Work Session in March 2001, Council continued to plan for and to discuss capital projects, including the renovation of William Fleming High School, at a projected cost of $40 million; while there was support to provide the City of Roanoke's share of $20 million for the project, it was recognized that a new revenue source would be needed to support debt service; and as a result of subsequent planning efforts and discussion, an increase in the Prepared Food and Beverage Tax was identified as the potential funding source for the City of Roanoke's share of the William Fleming High School project. It was explained that an analysis of the amount of debt service funding required in fiscal year 2009, after issuance of bonds for the William Fleming High School project, indicates that additional funding of approximately $1.1 million will be needed to fully fund the City's share of the project; a proposed increase in the Prepared Food and Beverage Tax from four per cent to five per cent compares to an All Virginia Cities average of 4.9 per cent and a 5.9 per cent average for Virginia First Cities Coalition jurisdictions; and the comparison is based on tax rate information for 2004 provided by the Weldon Cooper Center for Public Service. The City Manager advised that the proposed increase in the Prepared Food and Beverage Tax from four per cent to five per cent will result in additional revenue of approximately $2.1 million dollars; one half of the incremental revenue will be used for debt service funding that will be needed to 2] support the William Fleming High School project, with the remaining portion to be used to address recurring operating expenses in the General Fund; and the Prepared Food and Beverage Tax is, in essence, a tax that is paid by those who choose to dine out and people outside of the City of Roanoke who elect to take advantage of the many restaurants in the City. The City Manager recommended that Council adopt an ordinance amending Section 32-284 of the City Code to increase the Prepared Food and Beverage Tax to five per cent, effective July 1,2005. Council Member Dowe offered the following ordinance: (#37045-051005) AN ORDINANCE amending §32-284, Levy of tax; amount, Article XlV, Tax on Prepared Food and Beveraqe, Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, by increasing the tax rate on prepared food and beverages from four percent (4%) to five percent (5%), providing for an effective date; and dispensing with the second reading by title paragraph of this ordinance. (For full text of ordinance, see Ordinance Book No. 69, Page 374.) Council Member Dowe moved the adoption of Ordinance No. 37045- 051005. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by the following vote: AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel and Mayor Harris .................................................................................................. 6. NAYS: None ......................................................................................... 0. (Council Member Wishneff was absent.) CITY MARKET-BUDGET-ROANOKE CIVIC CENTER-GRANTS- COMMUNICATIONS DEPARTMENT-SCHOOLS-FLEET MAINTENANCE FUND-RISK MANAGEMENT FUND: Vice-Mayor Fitzpatrick offered the following revised budget ordinance: (#37046-051005) AN ORDINANCE adopting the annual General, Civic Facilities, Parking, Market Building, Department of Technology, Fleet Management, Risk Management, School, School Food Services and Grant Funds Appropriations of the City of Roanoke for the fiscal year beginning July 1, 2005, and ending June 30, 2006; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 69, Page 375.) 22 Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 37046- 051005. The motion was seconded by Council Member Cutler. The City Manager was requested to clarify the revised ordinance; whereupon, she advised that in order to make the necessary adjustments to provide for a three per cent pay increase for City employees, effective July 1, 2005 instead of January 1, 2006, City staff was instructed to identify additional sources of funds to make up the difference. She called attention to three accounts that were previously recommended for funding in the fiscal year 2005- 2006 budget, but were subsequently reduced in order to provide the necessary funds for a three per cent pay increase for City employees effective July 1, 2005; i.e.: Storm Water Management, Bridge Maintenance and Traffic Signal Replacement, and advised that incremental improvements in Fleet Replacement, Building Maintenance, Technology, and Street Paving will be left intact. Ordinance No. 37046-051005, as revised, was adopted by the following vote: AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel and Mayor Harris .................................................................................................. 6. NAYS: None ......................................................................................... O. (Council Member Wishneffwas absent.) POLICE DEPARTMENT-PAY PLAN-BUDGET-FIRE DEPARTMENT-COMMITTEES- CITY SHERIFF-PENSIONS: Council Member Cutler offered the following revised ordinance: (#37047-051005) AN ORDINANCE to adopt and establish a Pay Plan for officers and employees of the City, effective July 1, 2005; providing for certain salary adjustments and merit increases; authorizing annual salary increments for certain officers and employees for use of private motor vehicles; authorizing annual salary increments for sworn police officers assigned to the Criminal Investigation Division; authorizing annual salary increments for certain members of the Fire-Emergency Medical Services Department who are certified as Emergency Medical Technicians; authorizing annual salary increments for certain members of the Fire-Emergency Medical Services Department who are members of the Regional Hazardous Materials Response Team; providing for continuation of a police career enhancement program; providing for continuation of a Firefighter/Emergency Medical Technician merit pay program; providing for a Community Policing Specialist program; providing for payment of a monthly stipend to certain board and commission members; providing for an increase in base annual salary for any employee of the Sheriff who meets the 23 qualifications for and has been appointed Master Deputy Sheriff; repealing, to the extent of any inconsistency, Ordinance No. 36693-051304, adopted May 13, 2004, as amended by Ordinance No. 36935-010305, adopted on January 3, 2005, except for Paragraph 17 thereof, relative to the annual salaries of the Mayor, Vice-Mayor, and Council members; providing for the salaries of the City's Constitutional Officers; providing for an effective date; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 69, Page 383.) Council Member Cutler moved the adoption of Ordinance No. 37047- 051005. The motion was seconded by Vice-Mayor Fitzpatrick. Joyce Conner, a City employee, read a communication from Reed P. Cotton, Jr., 1408 Fresno Street, N. W., an employee of the Solid Waste Management Department. Mr. Cotton advised that he was concerned about the double raise that was proposed for public safety employees, and according to an article in The Roanoke Times, job peril was cited as justification for the raise. He stated that his father, Reed P. Cotton, Sr., was the last City employee to die in the line of duty and although he was not a public safety employee, he asked if his father's life as a Solid Waste Management employee for over 22 years was not as important as those public safety employees who have lost their lives in the line of duty. He requested that Council consider the impact that a selective double raise will have on the 60 per cent of City employees who are not public safety personnel, because not only is the proposed raise a public showing of favoritism, it will give six months of his hard earned salary increase to a group of employees who already earn more than the average Solid Waste Management employee. He asked that Council withdraw its support for the selective double raise for public safety employees, and advised that all City employees should receive a raise, as opposed to a select group of public safety employees. Donald Maddox, 3540 Melcher Street, S. E., a City employee, expressed appreciation to Council for considering a revised measure that will allow a three per cent raise for all City employees, effective July 1,2005. He concurred in the need for a pay increase for employees in the Police Department and the Sheriff's Department, but expressed concern on behalf of the other 60 per cent of good and dedicated City employees, many of whom also work under dangerous conditions. Eddie Bobbitt, 1146 Ferrell Drive, Wirtz, Virginia, a City employee, also expressed appreciation to Council for considering a revised ordinance authorizing a three per cent pay increase for all City employees, effective July 1, 2005. He stated which it is understood that the City's public safety employees work under stressful conditions, but his job as an equipment mechanic is just as stressful inasmuch as he is charged with the responsibility of maintaining the City's fleet of vehicular equipment which is used by public safety employees, public works employees, and solid waste management employees, etc. 24 Robert Gravely, 729 29'h Street, N. W., advised that those City employees who earn the least amount of wages should receive the highest pay increase. He stated that the City's pay scale should be upgraded due to increases in insurance such as Anthem Blue Cross/Blue Shield, Delta Dental and Aflac. In addition to public safety employees, he called attention to unsafe working conditions for other City employees and asked that all City employees be treated equally and fairly. Brenda S. Hamilton, 4505 Biltmore Drive, N. W., Clerk of the Circuit Court, expressed appreciation to Council for considering a revised pay increase of three per cent for all City employees, effective July 1, 200S. She advised that the 22 members of her staff looked forward to a three per cent pay increase. She stressed the importance of looking at all City employees as a group and that public safety employees not be singled out as the elite few because all City employees strive to serve the needs of the citizens of the City of Roanoke. She asked that the City's pay scale be reviewed and upgraded. George M. McMillan, 5034 Oakley Ave.nue, S. W., City Sheriff, expressed appreciation to Council for awarding a three per cent increase to all City employees, effective July 1, 2005 as opposed to January 1, 2006. He stated that it is known that it was not the intent of Council to pit one employee group against another. Council Member Lea expressed appreciation to the Mayor for his leadership in resolving the City employee pay increase issue. He also expressed appreciation to Sherman L. Stovall, Director of Management and Budget, for responding to his questions in a timely manner and for helping him to better understand the City's budget process. Council Member Dowe expressed appreciation to all City employees for their service to the City of Roanoke. He, too, expressed appreciation to the Mayor for his leadership in resolving the pay increase issue and also expressed appreciation to the City's budget team for its efforts to prepare a budget that will move the City of Roanoke forward within the confines of its resources. Ordinance No. 37047-051005, as revised, was adopted by the following vote: AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel and Mayor Harris .................................................................................................. 6. NAYS: None ......................................................................................... O. (Council Member Wishneffwas absent.) 25 BUDGET-PENSIONS: The Director of Finance and the City Manager submitted a joint communication advising that retirees of the City of Roanoke Pension Plan (the Plan) are awarded cost-of-living adjustments (COLA) on an ad hoc basis by Council; the Plan does not include a provision for an automatic COLA due to the significant actuarial cost and related increase in contribution rates; thus, COLA's are not pre-funded in the Plan, but rather the increased cost is recognized when the increase has been awarded; factors considered as part of the recommendation for an annual adjustment include a change in the Consumer Price Index, increased cost to the Plan, the amount of raises provided by similar plans within the state, and the amount of increase provided by Social Security; eligible members of the City of Roanoke Pension Plan received a 2.1 per cent cost-of-living adjustment on July 1, 2004, which was the ninth consecutive COLA provided to eligible retirees; and the Recommended Budget for fiscal year 2006 includes a four per cent raise for active employees, effective January 1,2006. It was further advised that the required contribution rate for the pension plan to fund the current level of benefits will increase for fiscal year 2006 from 9.56 per cent to 12.61 per cent of payroll; additional cost to the General Fund is approximately $1,600,000; a proposed 2.50 per cent increase to eligible members of the Plan, effective January 1,2006, will increase the average annual retirement allowance by approximately $303.00, costing the Plan an additional $467,671.00 in benefits annually; the actuarial cost of a 2.50 per cent COLA is estimated at $4.4 million to be funded over the next 20 years through the annual payroll contribution rate which results in an increase of approximately $287,700.00 in annual contributions to the Plan; all City operating funds, along with the Roanoke Regional Airport Commission, School Board, Roanoke Valley Resource Authority, Roanoke Valley Detention Commission, Western Virginia Water Authority, and the Commonwealth of Virginia will assume their pro rata cost for funding the COLA; and the City's pro rata share of the increase is approximately $250,000.00. It was explained that the recommended increase will apply to those retirees who retired on or before July 1, 2004, i.e.: those retirees who have been retired for at least one year; approximately 1,541 of the 1,595 retirees, or 97 per cent of those receiving benefits as of March 31,2005, will be eligible for the increase; and the increase will also apply to a member's or surviving spouse's annual retirement allowance, excluding any incentive payments made under the Voluntary Retirement Incentive Program established by Ordinance No. 30473-41591, adopted April 15, 1991, or to the retirement supplement paid according to Section 22.2-61 of the City Code. It was advised that a request was also referred to budget study to consider providing a supplemental allowance for health insurance for City retirees who are 65 years of age or older; the Plan currently provides a monthly supplement of 75 per cent of the amount of health insurance supplement provided to active employees, or $221.25 to retirees with at least 20 years of 26 service until age 65; the supplement is provided to complement the pension allowance until Medicare eligibility; upon reaching Medicare eligibility, retirees are eligible to begin receiving both hospital and medical benefits; and a new drug benefit program beginning in January 2006, Medicare Part D, will assist with outpatient prescription drugs. The Director of Finance and the City Manager recommended that Council adopt an ordinance granting a 2.50 per cent COLA for eligible retirees, effective January 1, 2006 coincident with the recommendation of the effective date of salary increases for active employees; consideration was given to the request by the Retirement Association for a supplemental allowance for health insurance for retirees 65 and older; and due to the significant increase in contributions required to sustain the current level of benefits and to provide a COLA, no benefit changes are recommended that would result in additional funding requirements for the pension plan. The Mayor having previously announced that the Council would consider a 2.25 per cent cost-of-living increase for City of Roanoke retirees, effective July 1, 2005, as opposed to a 2.50 per cent increase, effective January 1, 2006, Council Member Cutler offered the following revised ordinance: (#37048-051005) AN ORDINANCE providing for certain supplemental benefits under the City of Roanoke Pension Plan to certain members of such Plan and certain of their surviving spouses; providing for an effective date; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 69, Page 387.) Council Member Cutler moved the adoption of Ordinance No. 37048- 051005 as revised. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by the following vote: AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel and Mayor Harris .................................................................................................. 6. NAYS: None ......................................................................................... O. (Council Member Wishneffwas absent.) BUDGET-CAPITAL IMPROVEMENT PROGRAM: The city Manager submitted a communication advising that the Capital Improvement Program (CIP) for fiscal years 2006-2010 is a plan recommended for approval by Council for capital expenditures to be incurred over the next five years in order to address priority long-term capital needs of the City of Roanoke; and the CIP reflects the current status of projects which have previously been approved and funded by Council and is a revision to the fiscal years 2005-2009 Capital Improvement Program approved ay Council on May 13, 2004. 27 It was further advised that on April 18, 2005, Council received the proposed Capital Improvement Program for fiscal years 2006-2010 as part of the Recommended Resource Allocation Plan; the Capital Improvement Program Summary Section of the document provides a summary of projects; and the Capital Improvement Program for fiscal years 2006-2010 is comprised of capital projects, with an estimated cost of project completion totaling $257,922,677.00. tt was further advised that during the Financial Planning Work Session in February 2005, Council was briefed on the need for short-term financing in the amount of $2.6 million to support the Financial Application Integration project; the project includes replacement of the City's financial systems and replacement of the accounting, tax/treasury, budget preparation, and human resource/payroll system applications; the need for financing is based on the cash flow to support the planned staging of projects; sufficient funds are budgeted in the Technology Fund to support the required level of debt service; and authorization to hold a public hearing to issue bonds to support the project is requested. It was explained that on May 2, 2005, Council authorized execution of an option agreement for the purchase of the Countryside Golf Course at a cost of $4.1 million; funding for acquisition of the property will come from the issuance of bonds; moving forward with the project may require the planned issuance of bonds for the planned Multipurpose Recreation Center to be shifted beyond fiscal year 2008; with the option fee of $125,000.00 credited to the purchase cost, net funding of $3,975,000.00 will be required; authorization to hold a public hearing to issue bonds to support the project is also requested; and bonds will be issued during fiscal year 2005-2006 for the following projects: Previously Authorized · Riverside Center · Civic Facilities Expansion and Renovation · Patrick Henry High School · Fallon Park Elementary School · Westside Elementary School $ 5,500,000.00 $ 6,405,000.00 $21,750,000.00 $ 1,600,000.00 $ 3,850,000.00 To Be Authorized · Art Museum · Downtown West Parking Garage · Financial Application Integration · Countryside Golf Course $ 3,700,000.00 $ 2,600,000.00 $ 2,600,000.00 $ 3,975,000.00 The City Manager recommended that Council adopt a resolution endorsing an update to the CIP; authorize a public hearing to be held on June 20, 2005, for issuance of General Obligation Bonds for the Art Museum ($3,700,000.00), Downtown West Parking Garage ($2,600,00.00), Financial 28 Application Integration ($2,600,000.00), and Countryside Golf Course ($3,975,000.00); and appropriate $3,204,476.00 included in the fiscal year 2005-2006 Transfer to Capital Projects, Account No. 001-250-9310-9508, to the respective capital project accounts established by the Director of Finance for the following projects: · $150,000.00 to Capital Project, Account No. 008-530-9552, for Bridge Maintenance · $40,000.00 to Capital Project, Account No. 008-530-9823, for Police Academy Building · $199,274.00 to Capital Project, Account No. 008-530-9736, for Stormwater Management · $310,000.00 to Capital Project, Account No. 008-530-9575, for Transportation Projects · $217,184.00 to Capital Project, Account No. 008-056-9620, for Roanoke River Flood Reduction · $250,000.00 for Capital Project, Account No. 008-530-9845, for Concept Design Courthouse Expansion · $250,000.00 for Capital Project, Account No. 008-530-9799, for Streetscapes and Traffic Calming · $150,000.00 for Capital Project, Account No. 008-440-9860, for Jail HVAC Design · $235,000.00 for Capital Project, Account No. 008-615-8114, for the Roanoke Redevelopment and Housing Authority · $1,403,018.00 to Capital Project Contingency, Account No. 008-530~ 9575, for prioritized projects; and appropriate $1,100,000.00 of residual equity from the close-out of Water and Sewer funds to: · Carvins Cove Management Plan, Account No. 008-620-9825 90,000.00 · Equipment Replacement, Account No. 017-440-2642 $450,000.00 · Technology Projects, Account No. 013-430-1602 $450,000.00 · Capital Pro.iect Contingency, Account No. 008-530-9575 $110,000.00 Council Member Dowe offered the following budget ordinance: (#37049-051005) AN ORDINANCE to appropriate funding from the General and Capital Projects Funds for various capital improvement projects, amending and reordaining certain sections of the 2005-2006 Capital Projects, Department of Technology, and Fleet Management Funds Appropriations, and dispensing with the second reading by title of this ordinance. 29 (For full text of ordinance, see Ordinance Book No. 69, Page 389.) Council Member Dowe moved the adoption of Ordinance No. 37049- 051005. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel and Mayor Harris .................................................................................................. 6. NAYS: None ......................................................................................... 0. (Council Member Wishneffwas absent.) Vice-Mayor Fitzpatrick offered the following resolution: (#37050-051005) A RESOLUTION endorsing the update to the Capital Improvement Program submitted by the City Manager by letter of May 10, 2005. (For full text of resolution, see Resolution Book No. 69, Page 390.) Vice-Mayor Fitzpatrick moved the 37050-051005. The motion was seconded adopted by the following vote: adoption of Resolution No. by Council Member Dowe and AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel and Mayor Harris .................................................................................................. 6. NAYS: None ......................................................................................... 0. (Council Member Wishneff was absent.) BUDGET-GRANTS-HOUSING/AUTHORITY: The City Manager submitted a communication advising that in order to receive Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grant (ESG) funding, the City of Roanoke must submit a five-year Consolidated Plan and Annual Updates to the U. S. Department of Housing and Urban Development (HUD); and the current five-year Consolidated Plan for the City of Roanoke will expire on June 30, 2005. It was further advised that at the April 4, 2005 Council briefing, Council received a Summary of the Draft 2005-2010 HUD Consolidated Plan, which detailed priorities and objectives for the five-year period and the uses of funds recommended for fiscal year 2005-2006, the first year of the plan; Council also received a draft of the Gainsboro Neighborhood Revitalization Strategy Area (NRSA) plan, which is a supplement to the five-year Consolidated Plan; the Draft 2005-2010 Consolidated Plan was made available for public review and comment for a 30-day period, beginning April 4, 2005; as part of the review, 30 the draft plan was provided to Roanoke County, Salem, Vinton, and Botetourt County for comments which might assist the City in preparing the plan; opportunities for citizen input were provided at four public hearings which were held on September 23 and November 4, 2004, March 31 and April 28, 2005; in addition, information regarding availability of the plan for public review was sent to each member of the Roanoke Neighborhood Advocates (RNA); the five- year Consolidated Plan must be received by HUD on May 16, 2005, in order for the City's HUD fiscal year to begin on July 1, 2005; and funding for fiscal year 2005-2006, the first year of the new plan, would be available from the following sources: New HUD Entitlements Estimated Program Income Estimated Carry-over Subtotal $2,909,053.00 483,051.00 711,514.00 $4,103,618.00 It was explained that it is estimated that the $4.1 million in HUD funds as above referenced will leverage or otherwise be combined with as much as an additional $5.4 million in other public and private funding; therefore, total estimated investment in activities included in the Annual Update is approximately $9.5 million; priorities and objectives of the new five-year plan incorporate adjustments in the distribution of CDBG funds under the City's HUD Funds Policy, on which Council was briefed in September 2004; during the five- year period, priorities and objectives are structured to distribute 57 per cent of the CDBG funds to housing, 22.5 per cent to economic development, ten per cent to human services, ten per cent to neighborhood development and 0.5 per cent to homeless services; and including HOME, which is entirely for affordable housing assistance, and ESG, which is entirely for homeless services, almost two-thirds of the resources will be directed toward housing development. The City Manager recommended that Council approve the 2005-2010 Consolidated Plan and that she be authorized to submit the plan to HUD for final review and approval, including execution of all necessary documents pertaining thereto, such documents to be approved as to form by the City Attorney; and that Council adopt the revised HUD Funds Policy incorporating a CDBG funds distribution of 57 per cent for Housing, 22.5 per cent for Economic Development, ten per cent for Human Services, ten per cent for Neighborhood Development, and 0.5 per cent for Homeless Services, with uses for HOME and ESG funds to remain unchanged. Vice-Mayor Fitzpatrick offered the following resolution: (#37051-051005) A RESOLUTION approving the 2005 - 2010 Consolidated Plan and authorizing the City Manager, or the City Manager's designee, to submit the approved Consolidated Plan to the United States Department of Housing and Urban Development (HUD) for final review and approval, and authorizing the execution of all necessary documents pertaining to such Consolidated Plan. (For full text of resolution, see Resolution Book No. 69, Page 391 .) Vice-Mayor Fitzpatrick moved the adoption of Resolution, No. 37051-051005. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel and Mayor Harris .................................................................................................. 6. NAYS: None ......................................................................................... 0. (Council Member Wishneff was absent.) CITY CODE-BUDGET-CMERP-EQUIPMENT: The Director of Finance submitted a communication advising that a Budget Stabilization Reserve Policy is a component of sound financial management of a local government; development of financial management policies is recognized by municipal bond rating agencies and is a recommended best practice by the Government Finance Officers Association (GFOA); and the importance of a budget stabilization policy is to define a level of reserves desired by an organization in assuring liquidity to address unforeseen financial needs. It was further advised that while the City has several fund balance policies in place, including a reserve for self-insured liabilities, the Capital Maintenance and Equipment Replacement Program (CMERP), and the reserve for debt service, the City does not currently have a General Fund budget stabilization policy; although the City maintains a reasonable reserve in the Debt Service Fund, there is no adopted policy identifying such as a budget stabilization or rainy day fund, which was noted by all three bond rating agencies in the City's most recent credit review, with emphasis on the need for a reserve inasmuch as the City's bond indebtedness is anticipated to increase over the next few years; a policy was developed in coordination with the City's financial advisor and reviewed by analysts in municipal bond rating agencies; and the recommended policy was also reviewed by Council at the February 18, 2005 Annual Financial Planning Session. 32 Key elements of the policy include: Reserve floor - The reserve will be maintained at a level to provide working capital and a margin of financial flexibility; the reserve will be a designated portion of the General Fund balance, and will be maintained at a minimum of five per cent, with a target of eight per cent of the adopted General Fund expenditure budget for the current year. Reserve drawdown - Use of the reserve will occur only upon authorization by Council to address unforeseen emergencies, or due to significant declines in revenues that cannot be covered by other sources. Reserve growth - The reserve will be maintained within the target range by retaining interest earnings and by designating a portion of the undesignated fund balance to the reserve when necessary. Reserve replenishment - If the reserve is used, it will be restored to the five per cent minimum level within three fiscal years, after which time, it will continue to be increased toward the eight per cent goal. It was explained that the primary fund balance policy currently in existence for the General Fund is the Capital Maintenance and Equipment Replacement Program (CMERP); the CMERP ordinance was originally adopted to address a lack of adequate funding in the adopted budget for capital equipment and maintenance needs; the CMERP ordinance reserved the entire General Fund balance for capital needs; during recent years, funding included in the adopted budget has systematically been increased to address capital needs, working toward the goal of including adequate capital funding in the adopted budget; in conjunction with adoption of the Budget Stabilization Reserve policy, the CMERP ordinance will be repealed, since adoption of the new policy would conflict with the CMERP ordinance and as funding is included in the adopted budget to address capital equipment and maintenance, the intent of the CMERP ordinance is no longer needed; and as the Budget Stabilization Reserve is adopted and the CMERP ordinance is repealed, the amount that previously would have been designated as CMERP will be considered undesignated fund balance and the undesignated fund balance will be available for one-time funding needs and may be appropriated for use in the subsequent year by Council. The Director of Finance advised that the City's budget stabilization reserve will be established in the General Fund by a transfer of $1 5.5 million from the Debt Service Fund; in conjunction with the transfer, the Debt Policy will be amended to reflect the impact of the new policy; while the residual Debt Service fund balance will continue to be reserved for future debt service and bond issuance costs, the goal of maintaining the balance at a level equal to one year of debt service expenditure will no longer be included; it is believed that the policy will be beneficial to the City's continued commitment to long-term financial planning; and the reserve policy will be used in conjunction with Roanoke's other financial policies to help assure financial stability and protection of Roanoke's "double-A" bond rating credit quality. The Director of Finance recommended that Council adopt resolutions establishing the Budget Stabilization Reserve Policy and amending the Debt Policy; adopt an ordinance to repeal the Capital Maintenance and Equipment Replacement (CMERP) ordinance; and adopt a budget ordinance transferring funds totaling $15.5 million from the Debt Service Fund to the General Fund. Council Member Cutler offered the following ordinance: (#37052-051005) AN ORDINANCE amending Chapter 2, Administration, Article VIII, Finance Generally, of the Code of the City of Roanoke (1979), as amended, by repealing §2-189, Reserve for capital improvements and capital maintenance and equipment; and dispensing with the second reading by title paragraph of this ordinance. (For full text of ordinance, see Ordinance Book No. 69, Page 392.) Council Member Cutler moved the adoption of Ordinance No. 37052- 051005. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by the following vote: AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel and Mayor Harris .................................................................................................. 6. NAYS: None ......................................................................................... O. (Council Member Wishneff was absent.) Vice-Mayor Fitzpatrick offered the following resolution: (#37053-051005) A RESOLUTION approving and adopting a policy entitled "City of Roanoke Virginia Budget Stabilization Reserve Policy" for the City. (For full text of resolution, see Resolution Book No. 69, Page 393.) Vice-Mayor Fitzpatrick 37053-051005. The motion adopted by the following vote: moved the adoption of Resolution No. was seconded by Council Member Dowe and 34 AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel and Mayor Harris .................................................................................................. 6. NAYS: None ......................................................................................... 0. (Council Member Wishneffwas absent.) Council Member Cutler offered the following resolution: (#37054-051005) A RESOLUTION approving and adopting a Debt P, olicy for the City of Roanoke. (For full text of resolution, see Resolution Book No. 69, Page 394.) Council Member Cutler moved the adoption of Resolution No. 37054- 051005. The motion was seconded by Council Member Dowe and adopted by the following vote: AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel and Mayor Harris .................................................................................................. 6. NAYS: None ......................................................................................... 0. (Council Member Wishneffwas absent.) Vice-Mayor Fitzpatrick offered the following budget ordinance: (#37055-051005) AN ORDINANCE to transfer funding establishing the Budget Stabilization Reserve, amending and reordaining certain sections of the 2004-2005 General and Debt Service Funds Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 69, Page 395.) Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 37055-051005. The motion was seconded by Council Member Dowe and adopted by the following vote: AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel and Mayor Harris .................................................................................................. 6. NAYS: None ......................................................................................... O. (Council Member Wishneffwas absent.) 35 ECONOMIC DEVELOPMENT: The City Manager submitted a communication advising that interest earned from the Capital Projects Fund and occasional land sale proceeds have traditionally been used for economic development or community development initiatives; and currently, no dedicated funding source is available for economic development or community development initiatives. It was further advised that it would be beneficial to have a specified funding source when economic or community development opportunities arise; and adopting a policy which reserves Capital Projects Fund interest earnings and proceeds from the sale of general government property for economic development and community development initiatives would result in a dedicated funding source. It was explained that funding will be used for economic and community development initiatives that include, but are not to be limited to the following: 1. Purchase of property for the purpose of economic development. 2. Economic development incentives. 3. Greenway Development. 4. Infrastructure improvements to support economic development and community development initiatives. The City Manager recommended that Council adopt a policy designating Capital Projects Fund interest earnings and proceeds from the sale of general government property for economic development and community development initiatives. Vice-Mayor Fitzpatrick offered the following resolution: (#37056-051005) A RESOLUTION approving an Economic and Community Development Reserve Policy dedicating Capital ProjeCts Fund interest earnings and proceeds from the sale of real property for economic and community development initiatives. (For full text of Resolution, see resolution Book No. 69, Page 396.) Vice-Mayor Fitzpatrick moved the adoption of Resolution No. 37056- 051005. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel and Mayor Harris .................................................................................................. 6. NAYS: None ......................................................................................... 0. (Council Member Wishneffwas absent.) 36 BUDGET-CITY CODE-CITY MANAGER: The City Manager submitted a communication advising that Section 2-121 of City Code authorizes the City Manager to make transfers up to $75,000.00 within or between departments and divisions as set forth by fund in the annual appropriation ordinance. It was further advised that as a part of year-end processing, there is a need to transfer funds for items such as salary lapse and internal service fund billings in excess of the $75,000.00 threshold; and such actions currently require that a Council report be processed to authorize the transfer. The City Manager recommended that Section 2-121 of the Code of the City of Roanoke (1979), as amended, be amended, to allow the City Manager to make transfers within or between departments and divisions in excess of $75,000.00 from April 1 through June 30 annually; and the Director of Finance shall report such transfers to Council as a part of the quarterly Summary of City Manager Transfers. Council Member Cutler offered the following ordinance: (#37057-051005) AN ORDINANCE amending and reordaining §2-121, Authority to transfer funds, of Article V, City Manaqer, of Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, to provide for the authorization of the City Manager to transfer funds; and dispensing with the second reading by title paragraph of this ordinance. (For full text of ordinance, see Ordinance Book No. 69, Page 397.) Council Member Cutler moved the 37057-051005. The motion was seconded adopted by the following vote: adoption of Ordinance No. by Vice-Mayor Fitzpatrick and AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel and Mayor Harris .................................................................................................. 6. NAYS: None ......................................................................................... 0. (Council Member Wishneffwas absent.) There being no further business, the Mayor declared the meeting adjourned at 2:50 p.m. ATTEST: APPROVED Mary F. Parker City Clerk C. Nelson Harris Mayor C. NELSON HARRIS Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W. Noel C. Taylor Municipal Building, Room 456 Roanoke, Virginia 2401 I- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 June 20, 2005 Council Members: M. Rupert Cutler Alfred T. Dowe, Jr. Beverly T. Fitzpatrick, Jr. Sherman P. Lea Brenda L. McDaniel Brian J. Wishneff The Honorable Members of 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, BTFJr:snh Vice-Mayor C. NELSON HARRIS Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W. Noel C. Taylor Municipal Building, Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 June 20, 2005 Council Members: M. Rupert Cutler Alfred T. Dowe, Jr. Beverly T. Fitzpatrick, Jr. Sherman p. Lea Branda L. McDaniel Brian J. Wishneff The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Harris and Members of Council: I wish to request a Closed Meeting to discuss the performance of two Council-Appointed Officers, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. ATD:snh Y ncil Personnel Committee CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com June 20, 2005 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for closed meeting Dear Mayor Harris and Council Members: This is to request that City Council convene aclosed meeting to discuss the acquisition of real property for a public purpose, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the City, pursuant to §2.2-3711.A.3, of the Code of Virginia (1950), as amended. City Manage~ DLB/s CC: William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Mary F. Parker, City Clerk C. NELSON HARRIS Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W. Noel C. Taylor Municipal Building, Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 June 20,2005 Council Members: M. Rupert Cutler Alfred T. Dowe, Jr. Beverly T. Fitzpatrick, Jr. Sherman P. Lea Brenda L. McDaniel Brian J. Wishneff The Honorable Members of Roanoke City Counoil Roanoke, Virginia Dear Members of Council: We jointly sponsor a request of W. Jackson Burrows to speak before City Council with regard to a Crystal Spring Avenue parking study at the regular meeting of City Council to be held on Monday, June 20, 2005. Sincerely, C. Nel. sO't~ Harris, Mayor Beverly T. Fitzpatrick, Jr., Vice-Mayor CNH/BTFJr:snh pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Mary F. Parker, City Clerk C1TY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com June 20,2005 Honorable C. Nelson Harris, Mayor and Members of City Council Roanoke, VA Dear Mayor Harris and Members of Council: Subject: Civic Center Phase II This is to request space on Council's agenda for a 10 minute presentation on the above referenced subject. Respectfully submitted, DLB:sm c: City Clerk City Attorney Director of Finance CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com June 20, 2005 Honorable C. Nelson Harris, Mayor and Members of City Council Roanoke, VA Dear Mayor Harris and Members of Council: Subject: Upkeep of Roanoke River This is to request space on Council's agenda for a 20 minute presentation on the above referenced subject. Respectfully submitted, City Manage~ DLB:sm c: City Clerk City Attorney Director of Finance 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 June 23,2005 File #60-178-236 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 37086-062005 appropriating funds for the Community Development Block Grant, HOME Investment Partnerships Program and Emergency Shelter Grant Program, and amending and reordaining certain sections of the 2005-2006 Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 20, 2005, and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon, CMC Deputy City Clerk SMM:ew Attachment pc: Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Office of Management and Budget Frank E. Baratta, Budget Team Leader IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th'day of June, 2005. No. 37086-062005. AN ORDINANCE to appropriate funding ~r the Community Development Block Grant, HOME Investment Partnerships Program and Emergency Shelter Grant Program, amending and reordaining certain sections of the 2005-2006 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 2005-2006 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations BRHDC Project GOLD (Project Funds) BRHDC Project GOLD (Admin Funds) BRHDC Project GOLD (Project Funds) CHPC Homeownership Program BRHDC Hanover Project (CHDO Operating Funds) BRHDC Hanover Project (CHDO Project Funds) Unprogrammed Funds BRHDC Project GOLD (Project Funds) Unprogrammed Program Income - 03 BRHDC Project GOLD (Project Funds) Unprogrammed Program Income - 04 Emergency Shelter Grant - TRUST ESG - TAP Transitional Living Center ESG - Roanoke Valley Interfaith Hospitality Network Hotel Roanoke 108 Unprogrammed CDBG - Carryover Independent Housing for Special Needs Hotel Roanoke 108 Unprogrammed CDBG - Carryover Unprogrammed - 108 Cherry Hill Property Acquisition Hotel Roanoke 108 Empowering Individuals with Disabilities Demolition CHPC Homeownership Program Cradle to Cradle Home Program 35-090-5312-5449 25,655 35-090-5313-5446 31,147 35-090-5313-5449 320,982 35-090-5313-5450 200,000 35-090-5313-5480 10,853 35-090-5313-5481 108,529 35-090-5313-5482 77,015 35-090-5325-5449 33,218 35-090-5325-5458 (33,218) 35-090-5326-5449 23,407 35-090-5326-5459 (18,142) 35-E06-5176-5251 43,487 35-E06-5176-5253 22,117 35-E06-5176-5254 15,118 35-G03-0330-5135 89,846 35-G03-0340-5184 (89,846) 35-G04-0420-5396 (200,000) 35-G04-0430-5135 229,271 35-G04-0440-5184 (10,154) 35-G04-0440-5188 (5,097) 35-G05-0520-5469 266,786 35-G05-0530~5135 120,346 35-G06-0620-5057 60,000 35-G06-0620-5108 135,000 35-G06-0620-5419 15,000 35-G06-0620-5426 100,000 Project GOLD - BRHDC - Support Project GOLD - RRHA - Support BRHDC Project GOLD (Admin Funds) BRHDC Project GOLD (Project Funds) RRHA Project GOLD (Admin Funds) RRHA Project GOLD (Project Funds) Lead Based Paint Match 'Cherry Hill Property Acquisition Emergency Home Repair - TAP Operation Paintbrush - TAP SRO Critical Repair Fair Housing Study Histodc Review Services HUD Admin Funds Ten Year Plan to Eliminate Homelessness Gainsboro / Gilmer Facade (3rants Old Southwest, Inc. - NDG Louden / Melrose - ND(3 Hurt Park- NDG Melrose / Rugby Neighborhood Forum - NDG Neighborhood Devel Grant Reserve Target Neighborhood Infrastructure Belmont Health Care Center Kuumba - Facility Wasena Neighborhood - ND(3 Apple Ridge Farms West End Center YMCA Magic Place at Morningside Presbyterian Family Services / Pathways Individual Development Account Summer Camp Scholarship - B & (3 Club RESOURCE-ful Elder Care School-Age After School Therapeutic Women's Resource Center - TAP Greenvale School - Educa & Outreach Conflict Resolution - Restorative Justice Gainsboro Culinary Arts Scholarships Revenues HOME Program Income - FY05 HOME Entitlement - 05-06 HOME Program Income - FY06 HOME Program Income - FY04 ESG Entitlemtent FY06 Hotel Roanoke Section 108 Repayment Hotel Roanoke Section 108 Repayment 35-(306-0620-5427 35-G06-0620-5430 35-G06-0620-5446 35-G06-0620-5449 35-(306-0620-5453 35-G06-0620-5454 35-G06-0620-5461 35-G06-0620-5469 35-G06-0620-5470 35-G06-0620-5471 35-G06-0620-5472 35-(306-0621-5284 35-(306-0621-5403 35-(306-0621-5436 35-(306-0621-5473 35-G06-0630-5439 35-G06-0637-5028 35-G06-0637-5245 35-G06-0637-5371 35-G06-0637-54 10 35-(306-0637-5441 35-G06-0637-5442 35-G06-0637-5474 35-G06-0637-5475 35-G06-0637-5476 35-G06-0638-5084 35-(306-0638-5160 35-(306-0638-5169 35-G06-0638-5372 35-(306-0638-5412 35-G06-0638-5414 35-G06-0638-5443 35-(306-0638-5444 35-G06-0638-5445 35-G06-0638-5477 35-G06-0638-5478 35-G06-0638-5479 35-090-5312-5313 35-090-5313-5314 35-090-5313-5315 35-090-5326-5326 35-E06-5176-5196 35-G04-0400-2434 35-G05-0500-2534 135,000 278,988 25,000 24,031 74,520 333,691 57,500 341,714 100,000 50,000 50,000 10,000 10,000 2,500 15,845 54,000 5,000 15,000 2,500 4,200 875 175,000 42,000 125,000 7,425 35,000 40,000 15,604 20,100 11,036 10,050 27,975 26,635 26,449 25,000 45,218 30,000 25,655 723,526 25,000 5,265 80,722 14,020 387,132 CDBG Entitlement Other Program Income - RRHA Lease Payment - Cooper Industries Sands Woody Loan Repayment TAP-SRO Loan Repayments Home Ownership Assistance - Atlantic Lagniappe Loan Repayment Downtown Associates Hotel Roanoke Section 108 Repayment Rental Rehab Repayment 35-G06-0600-2601 2,104,805 35-G06-0600-2603 5,000 35-G06-0600-2606 13,333 35-G06-0600-2617 6,722 35-G06-0600-2620 5,618 35-G06-0600-2622 15,000 35-G06-0600-2631 7,620 35-G06-0600-2633 1,758 35~G06-0600-2634 400,000 35-G06-0600-2640 3,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with, ATTEST: "~~y 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 June 23,2005 File #60-178-236 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 37087-062005 accepting the Fiscal Year 2005-2006 funds for the Community Development Block Grant, HOME Investment Partnerships and Emergency Shelter Grant programs; and authorizing the City Manager to execute the requisite Grant Agreements with the United States Department of Housing and Urban Development. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 20, 2005. Sincerely, Deputy City Clerk SMM:ew Attachment 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 20th day of June, 2005. No. 37087-062005. A RESOLUTION accepting the Fiscal Year 2005-2006 funds for the Community Development Block Grant (CDBG) program, the HOME Investment Partnerships program (HOME) and the Emergency Shelter Grant (ESG) program and authorizing the City Manager to execute the requisite Grant Agreements with the United States Department of Housing and Urban Development (HUD). BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Fiscal Year 2005-2006 funds for the CDBG, HOME and ESG programs are hereby ACCEPTED, upon receipt of approval letters from HUD. 2. The City Manager is authorized to execute, and the City Clerk is authorized to attest, the requisite Grant Agreements with the United States Depa,Unent of Housing and Urban Development for such funds, the Funding Approvals, and any and all understandings, assurances and documents relating thereto, in such form as is approved by the City Attorney, as more particularly set out in the City Manager's letter dated June 20, 2005, to City Council. ATTEST: · erk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com June 20,2005 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: Acceptance of 2005-2006 Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME) and Emergency Shelter Grant (ESG) Program Funds Background: CDBG, HOME and ESG funds provide for a variety of activities ranging from housing and community development to homelessness prevention and economic development through the U.S. Department of Housing and Urban Development (HUD). The City has received these entitlement grant funds for over twenty years and must reapply annually to HUD to receive such funding. On May 10, 2005, by Resolution No. 37051-051005, City Council authorized filing the three separate funding applications as part of approving the submission of the 2005-2010 Consolidated Plan to HUD. Considerations: The funding release process is underway, and HUD's letter of approval is forthcoming, granting the City access to its 2005-2006 CDBG, HOME and ESG entitlements. The 2005-2010 Consolidated Plan with Fiscal Year 2005-2006 Action Plan approved by Council included $4,103,618 in new entitlement funds, Honorable Mayor and Members of Council June 20, 2005 Page 2 anticipated program income and funds unexpended from prior year accounts. The actions recommended in this report also include appropriation of an additional $77,015 of HOME funds being appropriated into an unprogrammed account for use in future activities and will be incorporated into the Consolidated Plan at a later date through a revision or amendment. Acceptance of the funds and appropriation or transfer to the accounts indicated in Attachments 1,2 and 3 are needed to permit the 2005-2006 activities to proceed. Acceptance of the 2005-2006 HOME entitlement requires $85,191.00 in local match. This requirement will be satisfied by excess matching funds banked in previous years from such sources as below market rate loans from non-federal sources. Recommended Actions: Adopt a resolution accepting the 2005-2006 CDBG, HOME and ESG entitlement funds as detailed below, contingent upon receipt of the approval letter from HUD; CDBG 2005-06 Entitlement HOME 2005-06 Entitlement ESG 2005-06 Entitlement TOTAL $2,104,805 723,526 80,722 $2,909,053 Authorize the City Manager to execute the required Grant Agreements, Funding Approval, and other forms required by HUD in order to accept the funds, approved as to form by the City Attorney; Appropriate $2,909,053 entitlement and $483,051 in anticipated program income to revenue and expenditure accounts in the Grant Fund to be established by the Director of Finance, as detailed in Attachments 1,2, and 3; Transfer $356,457 in CDBG and HOME accounts from prior years to projects included in the 2005-2006 CDBGand HOME programs, detailed in Attachments land 2; Increase the revenue estimate in CDBG revenue accounts by a total of $401,152 and appropriate the funds into project expenditure accounts as detailed in Attachment 1; and Honorable Mayor and Members of Council June 20, 2005 Page 3 Increase the revenue estimate in HOME revenue accounts by a total of $30,920 and appropriate the funds into project expenditure accounts as detailed in Attachment 2. Respectfully submitted, DLB:mtm Attach ment C' Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sherman Stovall, Director of Management and Budget Frank E. Baratta, Budget Team Leader CM05-00078 Attachment 1 ITEMIZED EXPENDITURES FOR CDBG FICSCAL YEAR 2005-2006 Account No, Item Description Amount EXPENDITURES Housin~l 35-G06-0620- 5057 Empowering Individuals with Disabilities $60,00¢ 5109 Demolition $135,00(~ 5410 CHPC Homeownership Program $15,00(~ 5426 C2C Home Proiect $100,00(~ 5440 Project GOLD - BRHDC - Project $24,031 5427 Project GOLD - BRHDC - support $135,000 5446 Proiect GOLD - BRHDC - Admin $25,000 5454 Proiect GOLD - RRHA - Proiect $333,691 5431 Proiect GOLD - RRHA - support $278,988 5453 Project GOLD - RRHA - Admin $74,520 5461 Lead Based Paint Match $57,500 5469 Cherry Hill Property Acquisition $341,714 5470 Emergency Home Repair- TAP $100,000 5471 Operation Paintbrush - TAP $50,000 5472 SRO Cdtical Repair $50,000 Subtotal - Housing $'1,780,444 Planning / Admln 35-G06-0621- 5284 Fair Housing $10,000 5403 Historic Review Services $10,000 5436 HUD Admin Funds $2,500 5473 Ten Year Plan to Eliminate Homelessness $15,845 Subtotal - Planning/Admin $38,345 Economic Development Projects 35-G06-0630- 5439 Gainsboro/Gilmer Fa~:ade Grants $54,000 Subtotal - Economic Development $54,000 Account No. Item Description Amount Neighborhood Projects 35-G06-0637- 5028 Old Southwest, Inc. - NDG $5,000 5245 Loudon/Melrose - NDG $15,000 5371 i Hurt Park - NDG $2,500 541~ Melrose/Rugb)' Neighborhood Forum - NDG $4,200 5441 Neighborhood Devel Grant Reserve $875 5442 Target Neighborhood Infrastructure $175,000 5474 Belmont Health Care Center $42,00¢ 5475 Kuumba- facili~ $125,00¢ 5476 Wasena Neighborhood - NDG $7,425 Subtotal - Neighborhood $377,00(3 Human Development Programs 35-G06-0638- 5084 ~,pple Ridge Farms $35,000 5160 ~/est End Center $40,000 5169 YMCA Magic Place at Morningside $15,604 5372 Presbyterian Family Services / Pathways $20,100 5412 Individual Development Account $11,036 5414 Summer Camp Scholarship - B&G Club $10,050 5443 RESOURCE-ful Elder Care $27,975 5444 School-Age After School Therapeutic $26,635 544,' Women's Resource Center - TAP $26,449 5477 Greenvale School - Educa & Outreach $25,000 5478 Conflict Resolution - Restorative Justice $45,218 547(, Gainsbom Culinary Arts Scholarships $30,000 Subtotal- Human Development $313,067 TOTAL EXPENDITURES $2,562,856 REVENUE 35-G06-0600- 2601 CDBG Entitlement $2,104,805 2603 Other Program Income - RRHA $5,000 2606 Cooper Industries (UDAGI $13,333 2617 Sands Wood), Loan Repayment $6,722 2620 SRO Loan to TAP $5,618 2622 Homeownership Assistance $15,000 2631 La~lniappe Loan Repa)'ment $7,620 2633 Downtown Associates $1,758 263~ Hotel Roanoke Loan Repa)'ment $400,000 2641 Rental Rehab Repa)' $3,000 TOTAL REVENUE $2,862,856 Account No. Item Description Amount CDBG ACCOUNT TRANSFERS INCREASE 35-G03-0330-5135 Hotel Roanoke 108 ($439,463) $89,846 35-G04-0430-5135 Hotel Roanoke 108 $215,251 $306,097 DECREASE 35-G03-0340-5184 Unpro~rammed CDBG - Carryover $89,846 35-G04-0420-5396 Independent Housin~l for Spencial Needs $200,000 35-G04-0440-5184 Unpro~rammed CDBG - Carryover $10,154 35-G04-0440-5188 Unpro~rammed - 108 $5,097 $305,097 INCREASE REVENUE ESTIMATE 35-G04-0400-2434 108 Repay $14,02{: 35-G05-0500-2534 108 Repay $387,132 $401,152 APPROPRIATE TO 35-G04-0430-5135 Hotel Roanoke 108 $14,02C 35-G05-0530-5135 Hotel Roanoke 108 $120,346 35-G05-0520-5469 Cherry Hill Property Acquisition $266,78~ $401,152 c:/mydocuments/excel/05_06CDBGapprop Attachment 2 ITEMIZED EXPENDITURES FOR HOME FISCAL YEAR 2005-2006 Account No. Item Description Amount EXPENDITURES 35-090-5313- 5480 BRHDC Hanover Proiect (CHDO Operatin~ Funds) $10.853 5481 BRHDC Hanover Proiect (CHDO Proiect Funds) $108,529 5446 BRHDC Project GOLD (Admin Funds) $31.147 5449 BRHDC Project GOLD (Proiect Funds) $320,982 5450 CHPC Homeownership Pro,ram $200,000 5482 Unpro~lrammed Funds $77,015 TOTAL EXPENDITURES $748,526 REVENUE 35-090-5313- 5314 HOME Entitlement - FY 06 $723.526 531~ HOME Pro~iram Income FY 06 $25,000 TOTAL REVENUE $748,526 HOME ACCOUNT TRANSFERS INCREASE 35-090-5325-5449 BRHDC Proiect GOLD (Project Funds/ $33,21 35-090-5326-5449 BRHDC Proiect GOLD (Proiect Funds) $18,142 Total Transfer Increase $51 DECREASE 35-090-5325-5458 Unpro~rammed Pro~lram Income - 03 $33,218 35-090-5326-5459 Unpro~[Irammed Pro~lram Income - 04 $18,142 Total Transfer Decrease $51,360 INCREASE REVENUE ESTIMATE 35-090-5326-5326 HOME PrOc, lram Income - FY03-04 $5,26,'5 35-090-5312-5313 HOME Program Income - FY04-05 $25,65.~ Total Revenue Increase $30,97n APPROPRIATE TO: 35-090-5326-5449 BRHDC Project GOLD (Project Funds) $5,265 35-090-5312-5449 BRHDC Project GOLD (Proiect Funds) $25.655 Total Appropriation $30,920 Attachment 3 ITEMIZED EXPENDITURES FOR EMERGENCY SHELTER GRANT (ESG) FISCAL YEAR 2005-2006 Account No. Item Description Amount Expenditures 35-E06-5176- 5251 TRUST Shelter $43,487 5253 TAP Transitional Livin~l Center $22,117 5254 Roanoke Valley Interfaith Hospitality Network $15,118 TOTAL EXPENDITURES $80,722 Revenue 35-E06-5176-5196 ESG Entitlement $88,722 c:lmydocu ments/excell/05_06ESGa pprop 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 June 23, 2005 File #60-236-450 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 37088-062005 appropriating funds for the Virginia Opportunity Region Grant, and amending and reordaining certain sections of the 2004-2005 General and Grant Funds Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 20, 2005, and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon, CMC Deputy City Clerk SMM:ew Attachment pc: Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Office of Management and Budget R. Brian Townsend, Acting Director, Economic Development IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th ~lay of June, 2005. No. 37088-062005. AN ORDINANCE to appropriate funding for the Virginia Opportunity Region Grant, amending and reordaining certain sections of the 2004-2005 General and Grant Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2004-2005 General and Grant Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Advedising Transfer to Grant Fund Grant Fund Appropriations Advertising Revenues Virginia Opportunity Region Grant-State Virginia Opportunity Region Grant-Local 001-310-8120-2015 (3,031) 001-250-9310-9535 3,031 035-310-8121-2015 9,092 035-310-8121-5022 6,061 035-310-8121-5023 3,031 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. CITY OF RO,4NOKE Office of the City Clerk Mary F. Parker, CMC Stephanie M. Moon, CMC City Clerk Deputy City Clerk Sheila N. Hartman Assistant City Clerk June 23,2005 File #60-236-450 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: lam attaching copy of Resolution No. 37089-062005 authorizing acceptance of a Virginia Opportunity Region Grant from the Virginia Economic Development Partnership; ratifying execution of grant documents; and authorizing execution of any other required documentation on behalf of the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 20, 2005. Sincerely, Stephanie M. Moon, CMC Deputy City Clerk SMM:ew Attachment Pc: Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget R. Brian Townsend, Acting Director, Economic Development IN THECOUNC]LOFTHECITYOF ROANOKE, VIRGINIA The 20th day of June, 2005. No. 37089-062005. A RESOLUTION authorizing the acceptance of a Virginia Opportunity Region ,.G-rant from the Virginia Economic Development Pannership; ratifying the execution of grant documents; and authorizing execution of any other required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the Virginia Economic Development Partnership a Virginia Oppommity Region Grant in an amount up to $10,000.00, with the City providing an additional 50% in local matching funds. Such grant being more particularly described in the letter of the City Manager, dated June 20, 2005. The City Manager's execution of grant documents is hereby approved and ratified. 3. The City Manager is also authorized to execute and file, on behalf of the City, any other documents required for the Virginia Opportunity Region Grant, approved as to form by the City Attorney, in connection with the acceptance of such grant and to furnish such additional information or documents as may be requited by the Virginia Economic Development Partnership. K:Xlvl insures\rjr ginia Opportunity R¢~ion Grant 2005.doc ATTEST: CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com June 20,2005 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: Virginia Opportunity Region Grant Background: The Virginia Economic Development Partnership (VEDP) established the Virginia Opportunity Region Grant to assist governments in the state with marketing. The Department of Economic Development applied in March for this grant to purchase a marketing booth for trade shows. In April, the Virginia Economic Development Partnership awarded the City of Roanoke a grant of $6,061.20, requiring 50% in matching funds. Matching funding for this grant of $3,030.60 is available in the Economic Development Department budget (Account number 001-310-8120-2015). The contract to receive the grant had to be signed and returned to the State by June 17, 2005, for the money to be received. The City Manager signed the contract, after review by the City Attorney, to assure receipt of the grant. Considerations City Council action is needed for the City to formally accept and appropriate these funds and authorize the Director of Finance to establish a revenue account to receive the funds. City Council must also certify its acceptance of Honorable Mayor and Members of City Council Page 2 June 20, 2005 the City Manager signing the contract with regards to the Virginia Opportunity Region grant. Recommended Action: Accept the grant as described above and appropriate State grant funds of $6,061.20 in an account to be established by the Director of Finance in the Grant Fund. Approve and ratify the City Manager's execution of the above grant agreement and authorize the City Manager to execute any other required grant documents, such to be approved as to form by the City Attorney. Respectfully submitted, City Manager DLB:Ib C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Brian Townsend, Acting Director of Economic Development Sherman M. Stovall, Director of Management and Budget CM05-00084 LETTER OF AGREEMENT - VIRGINIA'S OPPORTUNITY REGION GRANT FUNDS As part of the Virginia's Opportunity Regions (VOR) Marketing Grant program, the Virginia Economic Development Partnership (VEDP) executing this agreement has awarded a grant to the City of Roanoke ("Grantee") in the amount of $10,000 (the "Grant") based on the information provided in the application approved April 13, 2005 (the "Application"), which by this reference is incorporated herein and made a part of this agreement, to complete the project described in the VOR Marketing Grant Application. WITNESSETH: WHEREAS, VEDP and the Grantee desire to set forth their understanding and agreement as to the use of the grant awarded by VEDP and the obligations of the Grantee (local government, political subdivision of the Commonwealth, or representative economic development agency) regarding the use of such grant, NOW, THERFORE, in consideration of the foregoing, the mutual benefits, promises and undertakings of the parties to this agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby covenant and agree as follows. 1. Project and Budget. No portion of the Grant shall be used for any other purpose whatsoever except as approved in writing by VEDP through the Executive Director or his/her designee. No material changes shall be made in the scope of the Project or to the budget set forth in the Application without the prior written approval of VEDP through the Executive Director or his/her designee. Any document signed by VEDP through the Executive Director or his/her designee accepting a change in purpose or budget shall describe the accepted change. If the Grant exceeds the amount necessary to complete the Project, the excess shall not be provided to the Grantee but shall remain with VEDP or be returned to VEDP (if previously disbursed) within thirty days of completion or termination of the Project. 2. Payment of Grant Funds. The Grant will, subject to the terms of this Agreement, be disbursed on a schedule of payments that represent 100% of the grant after the signing of this agreement. The Grantee will provide to VEDP documentation that accounts for the additional 50% match ($5,000 dollars) the Grantee agreed to provide for the project as contained in the Grant Application. 3. Quality of Work. VEDP, its employees and agents shall have the right to inspect the Project at reasonable times from time to time. Upon a determination that quality of the work done and the progress toward completion of the Project is unsatisfactory, VEDP may take whatever action is necessary, including but not limited to, taking the actions as set forth in Section 8 of this Agreement. The Project may be monitored by on-site visits by representatives of VEDP or in any other manner deemed appropriate by VEDP. 4. Parties' Relationship. In connection with the award or the administration of this Grant, VEDP does not and shall not assume any liability for any financial or other obligations of the Grantee made to third parties, whether or not related to the Project. The Grantee shall provide written notice to all vendors, contractors and any other party retained to work on the Project that VEDP and the Commonwealth of Virginia shall not be liable for the Project or any payment failure or other obligation related thereto. Said written notice shall provide that by accepting work on the Project, all such vendors, contractors and other parties release and relinquish VEDP and the Commonwealth from any claim which might otherwise be asserted, and that each party accepting such work thereby indemnifies and holds VEDP, its members, employees and agents, harmless against any and all such obligations. 5. Recordkeeping. The Grantee shall maintain proper books of record and account in which accurate and timely entries shall be made in accordance with General Accepted Accounting Principles, consistently applied, of all their business and affairs for any pedod in which the Grantee expects to be a recipient of Grant funds. The Grantee shall retain all invoices, bills, receipts, cancelled checks, and similar documentation to substantiate expenditures of Grant monies. All books of record and account and all records of receipts and expenditures of Grant monies as well as copies of the reports submitted to VEDP and supporting documentation shall be retained for at least two years after the completion of the Project for which the Grant monies were used. VEDP, its employees and its agents shall have the right to make inspections and copies of the books and records of the Grantee at any time or from time to time. 6. Final Report. The Grantee shall provide VEDP a program report outlining the use of the funds and the results thereof within sixty (60) days following the close of the applicable fiscal year. The report shall contain a narrative of the success of the Project and a description of the compliance with the VOR Marketing Grant Program as published by VEDP. Additionally, Grantee shall provide a report at I year to evaluate the success of the Grant. 7. Interim Reports. In addition to Final Report required by paragraph 6, the Commission or VEDP may request that additional or interim information be submitted. The Grantee, its employees and agents shall confer with VEDP, its employees and agents regarding such information upon request. 8. Misuse of Award: Right of VEDP. If VEDP determines that any part of a Grant has not been used for the Project or for a purpose approved in writing by VEDP through the Executive Director or his/her designee, or that the Grantee has failed to comply with any material term or condition of this Agreement, VEDP, in its sole discretion, may: (a) rescind the Grant by written notice to the Grantee, in which event the Grantee shall be obligated to return to VEDP, within five days following receipt of such notice, an amount equal to all Grant payment received pursuant to this Agreement by the Grantee; (b) require the Grantee to take action as VEDP may direct in order to recover any improperly used Grant funds, and to comply with any procedures that VEDP may direct in order to prevent further improper use; and/or (c) take any other action as necessary to preserve the integrity of VEDP funds and to preserve them for appropriate uses. VEDP may take such judicial action as is necessary to collect any amounts owed pursuant to this Section or as otherwise provided in the Agreement. 9. Governing Law; Jurisdiction; Venue. This Agreement shall be governed by the applicable laws of the Commonwealth of Virginia. The Agreement expresses the entire understanding and all agreements between VEDP and the Grantee and may not be modified except in writing signed by VEDP and the Grantee. The venue of any judicial action shall be in the Circuit Court of the City of Richmond. 10. Limitation of Liability. Nothing herein shall be deemed to be a covenant, agreement or obligation of a present or future member of VEDP or of an employee or agent of VEDP. No member, employee or agent of VEDP shall incur any personal liability with respect to any action taken by him or her pursuant to this Agreement. 11. Severability. If any provision of this Agreement shall be held invalid by any court of competent Jurisdiction, such holding shall not invalidate any other provision hereof. 12. Public Documents. All reports, documents, financial data and other information provided to the Commission shall be public record unless otherwise exempted from the Freedom of Information Act. AGREED AND UNDERSTOOD [GRANTEE] By.' Title: Date: Grantee Information: Address Phone# Federal ID Number e-mail [VEDP] By: Title: Date: Address: P.O. Box 798, 901 East Byrd Street, Richmond, Virginia 23218 Phone #: 804 371-8100 e-mail: @yesvirginia.org 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 June 23, 2005 File #70 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 37090-062005 providing for acquisition of certain property needed by the City for development of a jointly operated Fire- EMS station by the City and Roanoke County, located on Williamson Road, identified as Official Tax No. 2170128. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 20, 2005, and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon, CMC Deputy City Clerk SMM:ew Attachment Darlene L. Burcham June 23, 2005 Page 2 pc: Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget William M. Hackworth, City Attorney James Grigsby, Chief, Fire-EMS Elmer C. Hodge, County Administrator, Roanoke County ,P. O. Box 29800, Roanoke, Virginia 24018-0798 Diane S. Childers, Clerk, Roanoke County Board of Supervisors, P. O. Box 29800, Roanoke, Virginia 24018-0798 Philip C. Schirmer, City Engineer Sarah E. Fitton, Engineering Coordinator IN THE COUNCIL OF THE CITYOF ROANOKE, VIRGINIA, The 20th day of June, 2005. No. 37090-062005. AN ORDINANCE providing for the acquisition of certain property needed by the City for development of a jointly operated Fire - EMS station by the City and Roanoke County, located on Williamson Road, beating Roanoke City Tax No. 2170128, and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. To provide for the acquisition of certain property needed by the City for development of a jointly operated Fire - EMS station by the City and Roanoke County, the City wants and needs certain property located on Williamson Road, beating Roanoke City Tax No. 2170128, as more fully described in a letter of the City Manager to City Council dated June 20, 2005. All requisite documents shall be upon form approved by the City Attorney. 2. The City's purchase of the property bearing Official Tax No. 2170128 is subject to the City obtaining an acceptable title report and an acceptable environmental site inspection. 3. The City Manager is directed on behalf of the City to offer the landowners such consideration for the property fights as deemed appropriate; provided, however, the total consideration offered or expended and any and all necessary closing costs shall not exceed $225,000.00, which consideration shall not include appraisals, title reports, preparation of necessary documents, grantor's tax and recordation costs, without further authorization of Council. Upon the acceptance of an offer and upon delivery to the City of deeds, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the consideration to the owners of the interests conveyed, certified by the City Attorney to be entitled to the same. 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 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 June 20,2005 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: Property Rights Acquisition for New Fire-EMS Station On Williamson Road The construction of three new Fire-EMS stations was proposed under the Strategic Business Plan for the Fire-EMS Department. Construction of the new stations will facilitate the consolidation of other stations. A site has been identified on Williamson Road that is suitable for one of these new stations. The owner has agreed to sell the property for $225,000 "net". See Attachment #1 for map showing location of parcel. Appropriation of funding for purchase of this property is included in another report on today's agenda. Recommended Action(s): Authorize the City Manager to acquire in fee simple the parcel identified by Tax Map #2170128, following a satisfactor~ environmental site inspection and title examination. Respectfully submitted, Darlene L. Burcham City Manager DLB/SEF Attachment £; Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sarah E. Fitton, Engineering Coordinator :~M05-00085 Attachment #1 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk June 24, 2005 File #60-207-450 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 3709:[-062005 appropriating funds received from the Governor's Opportunity Fund for the Maple Leaf Development Project, and amending and reordaining certain sections of the 2004-2005 Capital Projects Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 20, 2005, and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon, CMC Deputy City Clerk SMM:ew pc: Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Office of Management and Budget R. Brian Townsend, Acting Director, Economic Development Harwell M. Darby, Jr., Attorney, Glenn, Feldmann, Darby and Goodlatte, 210 First Street, S. W., Roanoke, Virginia 240:[:[ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of June, 2005. No. 37091-062005. AN ORDINANCE to appropriate funding received from the Governor's Opportunity Fund for the Maple Leaf Development Project, amending and reordaining certain sections of the 2004-2005 Capital Projects Fund Appropriations, and dispensing ~vith 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 Revenues Governor's Opportunity Fund - Maple Leaf Development 008-310-9635-9007 $ 90,000 008-310-9635-9830 90,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: (~~ City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com June 20,2005 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, 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: Establish Account for Appropriation of $90,000 in Governor's Opportunity Fund monies for Maple Leaf Bakery Background: In 1997, Maple Leaf Bakery signed an original performance agreement with the City of Roanoke and the Industrial Development Authority of the City of Roanoke, Inc. (IDA), agreeing to make a $32 million investment in construction and equipment at the Roanoke Centre for Industry & Technology (RCIT) while hiring 200 employees. Part of the agreement was a $200,000 grant from the Governor's Opportunity Fund. Soon after the agreement was signed, Maple Leaf indicated the original investment would be less than $32 million, and they would hire less than 200 employees. The Virginia Economic Development Partnership (VEDP) was contacted regarding the GOF, and a letter was received by the City indicating $110,000 of GOF monies would be available to Maple Leaf up front and the remaining $90,000 would be available once the original requirements were met. The City had already matched the original $200,000. Earlier this year, Maple Leaf indicated they had met the terms of the original agreement and supplied documentation. A letter was sent to Mark Kilduffat Honorable Mayor and Members of City Council Page 2 June 20, 2005 the VEDP requesting the remaining $90,000. A check for that amount was received by the City on May 23, 2005. Considerations: The funding received from the Governor's Opportunity Fund must be appropriated before it can be paid to Maple Leaf via the IDA. Recommended Action: Adopt the accompanying budget ordinance to establish a revenue estimate of $90,000 in the Capital Projects Fund in account 008-310-9635-9830, Maple Leaf Development, and appropriate funding in the same amount to an expenditure account to be established by the Director of Finance. Res ectfully submitted, Darlene I_. Bur~am City Manager~ DLB:Ib C' Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance R. Brian Townsend, Acting Director of Economic Development Sherman M. Stovall, Director of Management and Budget Harwell (Sam) M. Darby, Jr., Attorney, IDA CM05-00079 CIT.Y.. OF ROANOKE Off, ce of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk June 24,2005 Sheila N. Harman Assistant City Clerk File #60-100-379 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 37092-062005 appropriating funds from the Economic and Community Development Reserve for the YMCA Aquatic Center and the Greenway Development 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 Monday, June 20, 2005, and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon, CMC Deputy City Clerk SMM:ew Attachment pc: Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Office of Management and Budget Steven C. Buschor, Director, Parks and Recreation Philip C. Schirmer, City Engineer R. Brian Townsend, Acting Director, Economic Development IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA ~ ' The 20th day of June, 2005. No. 37092-062005. AN ORDINANCE to appropriate funding from the Economic and Community Development Reserve for the YMCA Aquatic Center and the Greenway Development 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 General Revenue Appropriated from General Revenue Fund Balance Economic and Community Development Reserve - Unappropriated 008-620-9757-9003 008--620-9753-9003 $ 200,000 200,000 008-3325 (400,000) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Ci y Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com June 20,2005 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: Appropriate Funding for the YMCA Aquatic Center and Greenways Development Projects Background: Beginning in fiscal year 2002, the City committed to a $2.0 million investment, to be paid in $200,000 increments over a 10-year period to the Downtown Family YMCA. Funds cover costs associated with the design and construction of a new central branch YMCA complex. City residents will receive a discounted membership rate, which will allow them to visit any YMCA facility including the facility in the City of Salem. Beginning in fiscal year 2002, the City also committed to contributing $200,000 per year for 10 years for a total of $2.0 million to greenway development in the City of Roanoke. Greenways have become a necessary commodity for communities across the United States since they are viewed as an essential amenity that encourages economic development. They connect people to various aspects of a community such as parks, shops, schools and neighborhoods. Roanoke currently has several greenway projects underway in various stages of development, with a core design element to include connections to Roanoke's primary greenway artery, the Roanoke River Greenway. Mayor Harris and Members of City Council June 20, 2005 Page 2 Recommendation: Adopt the accompanying budget ordinance which will appropriate $200,000 from the Economic and Community Development Reserve to the Downtown Family YMCA Account No. 008-620-9757-9003 and appropriate $200,000 from the Economic and Community Development Reserve to the Greenways Development Account No. 008-620-9753-9003. Respectfully submitted, DLB:abh C: William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Mary F. Parker, City Clerk Sherman M. Stovall, Director of Management and Budget Philip C. Schirmer, City Engineer Steven B. Buschor, Director of Parks and Recreation #CMO 5-00082 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk June 24,2005 File #60-202 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 37093-062005 appropriating additional funds for certain internal service and Occupational Health Clinic charges, and amending and reordaining certain sections of the 2004-2005 General and Risk Management Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 20, 2005, and is in full force and effect upon its passage. Sincerely, 5tephanie M. Moon, CMC Deputy City Clerk SMM:ew Attachment pc: Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Office of Management and Budget Kenneth S. Cronin, Director of Human Resources James Grigsby, Chief, Fire-EMS Frank W. Decker, III, Division Manager, Solid Waste Management A. L. Gaskins, Chief of Police IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of June, 2005. No. 37093-062005. AN ORDINANCE to appropriate additional funding for certain internal service and Occupational Health Clinic charges, amending and reordaining certain sections of the 2004- 2005 General and Risk Management 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 and Risk Management Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows, in part: General Fund Appropriations Medical 001-340-1263-2062 $ 20,000 Employee Physicals 001-340-1263-2110 20,000 Family Expenses 001-340-1263-2163 11,000 Contingency 001-300-9410-2199 136,000 Fleet Management 001-140-2140-7025 2,359 Fleet Management 001-140-3310-7025 2,893 Fleet Management 001-250-1232-7025 21 Fleet Management 001-300-1211-7025 232 Fleet Management 001-310-8120-7025 42 Fleet Management 001-430-4170-7025 421 Fleet Management 001-440-1617-7025 567 Fleet Management 001 -~.~0-4220-7025 154 Fleet Management 001-440-4330-7025 3,050 Fleet Management 001-520-3211-7025 125 Fleet Management 001-520-3212-7025 2,554 Fleet Management 001-520-3213-7025 40,291 Fleet Management 001-520-3521-7025 557 Fleet Management 001-530-1280-7025 345 Fleet Management 001-530-4110-7025 38,694 Fleet Management 001-530-4160-7025 5,458 Fleet Management 001-530-4210-7025 79,794 Fleet Management 001-530-4310-7025 1,508 Fleet Management 001-610-3410-7025 1,421 Fleet Management Eleet Management Fleet Management Fleet Management Fleet Management Fleet Management Fleet Management Fleet Management Fleet Management Fleet Management Fleet Management Fleet Management Fleet Management Fleet Management Fleet Management Fleet Management Fleet Management Fleet Management Revenues Recordation Tax Occupational Health Services Risk Mana.qement Fund Appropriations Occupational Health Services Fund Balance Reserve For Health Insurance 001-610-8110-7025 001-615-8113-7025 001-620-4340-7025 001-620-7110-7025 001-620-7111-7025 001-630-1270-7025 001-630-5314-7025 001-630-5318-7025 001-631-3350-7025 001-631-3360-7025 001-640-3111-7025 001-640-3112-7025 001-640-3113-7025 001-640-3114-7025 001-640-3115-7025 001-640-3530-7025 001-650-7310-7025 001-660-1214-7025 001-110-1234-0216 001-110-1234-0884 019-340-1265-7016 019-3355 92 2,025 22,377 918 24 38 1,394 243 238 248 276 3,094 35,951 107 815 821 271 582 386,000 51,000 51,000 (51,000) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ty Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov,com June 20,2005 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 Subject: Assignment of Agreement between the City of Roanoke, the Western Virginia Foundation for the Arts and Sciences and the Art Museum of Western Virginia; and Amendments of Agreement between the City of Roanoke and the Art Museum of Western Virginia Dear Mayor Harris and Members of City Council: Background: The City of Roanoke and the Art Museum of Western Virginia entered into an Agreement, dated October 4, 2000, in connection with the City's providing certain funding in relation to the Art Museum's proposal to design, develop and construct a new building or complex located in the City of Roanoke to house an Art Museum, and possibly other entities, to provide facilities and services to the residents of the City and Southwestern Virginia. The Agreement required certain actions to be taken on or before a certain date or dates. The Agreement was amended Honorable Mayor and Members of Council June 20, 2005 Page 2 June 17, 2002, in order to extend the time of performance of certain actions to be taken pursuant to the Agreement. The City of Roanoke and the Art Museum mutually desire the time of performance of certain actions to be taken pursuant to the Agreement again be extended for a one-year period. The City of Roanoke and the Western Virginia Foundation for the Arts and Sciences ("Foundation") entered into an Agreement dated April 16, 2002, pursuant to which the City agreed to convey certain property to the Foundation, subject to certain terms and conditions. The Foundation desires to assign its rights and obligations pursuant to the Agreement to the Art Museum of Western Virginia "(Art Museum"). Considerations: The Art Museum agrees to be bound to the terms of the Agreement to the extent that the Foundation was so bound. The City of Roanoke accepts the Art Museum as assignee of the Foundation with all rights and responsibilities of the Foundation. An Assignment of Agreement is necessary to assign the rights and obligations pursuant to the Agreement to the Art Museum. An Amendment No. 2 is necessary to extend the time of performance of certain actions to be taken pursuant to the Agreement. An Amendment No. 3 is necessary to amend certain provisions of the Agreement pursuant to the Assignment of Agreement and certain other developments. Recommended Action: 1. Authorize the City Manager to execute the Assignment of Agreement for the disposition of certain property to the Art Museum of Western Virginia, similar in form and content to the draft attached to this report, and approved as to form by the City Attorney; 2. Authorize the City Manager to execute Amendment No. 2 to the Agreement between the City of Roanoke and the Art Museum of Western Virginia to extend the time of performance for commencement of construction for an additional one-year period ending June 30, 2006, similar in form and content to the draft attached to this report, and approved as to form by the City Attorney; and Honorable Mayor and Members of Council June 20, 2005 Page 3 3. Authorize the City Manager to execute Amendment No. 3 to the Agreement between the City of Roanoke and the Art Museum of Western Virginia to amend certain provisions of the Agreement pursuant to the Assignment of Agreement and certain other developments, similar in form and content to the draft attached to this report, and approved as to form by the City Attorney. DLB/vst Attachments C: Respectfully submitted, City Manager Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sherman M. Stovall, Director of Management and Budget W. Heywood Fralin, President, Art Museum of Western Virginia James C. Sears, Ed.D., President and General Manager, Western Virginia Foundation for the Arts and Sciences CM05-00080 ASSIGNMENT AGREEMENT THIS AGREEMENT, made and entered into this __ day of ,2005, by and among the CITY OF ROANOKE, a municipal corporation of the Commonwealth of Virginia ("City"), the WESTERN VIRGINIA FOUNDATION FOR THE ARTS AND SCIENCES, a Virginia nonstock corporation ("Foundation"), and ART MUSEUM OF WESTERN VIRGINIA, a Virginia nonstock corporation (g. Art Museum@), WITNESSETH: WHEREAS, the City and the Foundation entered into a Agreement dated April 16, 2002, pursuant to which the City agreed to convey certain property to the Foundation, subject to certain terms and conditions; and WHEREAS, the Foundation desires to assign its rights and obligations pursuant to the Agreement to the Art Museum. NOW, THEREFORE, the parties, in consideration of the premises and the mutual covenants contained herein, agree as follows: 1. The Foundation hereby assigns its rights and obligations pursuant to the Agreement with the Art Museum, and the City hereby consents to the same. 2. The Art Museum acknowledges and accepts the above assignment and agrees to be bound by the terms of the Agreement to the extent that the Foundation was so bound. 3. City hereby agrees to and acknowledges this Assignment and accepts Art Museum as assignee of Foundation with all rights and responsibilities of Foundation. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representatives. ATTEST: City Clerk CITY OF ROANOKE By Darlene L. Burcham, City Manager ATTEST: WESTERN VIRGINIA FOUNDATION FOR THE ARTS AND SCIENCES By. President ATTEST: ART MUSEUMOFWESTERN VIRGINIA By W. Heywood Fralin, Presidem APPROVED AS TO FORM: APPROVED AS TO EXECUTION: City Attorney City Attorney {#0922716-1, 103249-00001-01 2 THIS AMENDMENT made this day of May, 2005, to the Agreement dated October 4, 2000, as amended June 27, 2002, by and between the CITY OF ROANOKE, a municipal corporation of the Commonwealth of Virginia, hereinafter referred to as the ACity@ and ART MUSEUM OF WESTERN VIRGINIA, hereinafter referred to as the AArt Museum~, WITNESSETH: WHEREAS, the City and the Art Museum entered into an Agreement, dated October 4, 2000, in connection with the City=s providing certain funding in relation to the Art Museum=s proposal to design, develop and construct a new building or complex located in the City of Roanoke to house an Art Museum, and possibly other entities, to provide facilities and services to the residents of the City and Southwestern Virginia; WHEREAS, the Agreement required certain actions to be taken on or before a certain date or dates; WHEREAS, the Agreement was amended June 17, 2002, in order to extend the time of performance of certain actions to be taken pursuant to the Agreement; and WHEREAS, the City and the Art Museum mutually desire that the time of performance of certain actions to be taken pursuant to the Agreement again be extended for a one-year period. NOW, THEREFORE, in consideration of the mutual promises and undertakings contained herein, the parties agree that Section 2(B) and (C) of the Agreement shall be amended to read and provide as follows: B. $2.5 million to be paid to the Art Museum when the Art Museum certifies in writing to the City Manager that the Art Museum has obtained sufficient funds or donations (to include the City=s appropriations) to actually start construction of the Project and the estimated cost of the Project and that the Art Museum has a binding {#0922706-1, 103249-00001-01} 1 contract with a contractor to actually start such construction on or before June 30, 2006, and that such construction has commenced by that date. Provided, however, and subject to the terms and conditions of this Agreement, such payment from the City will not be made to the Art Museum until 30 days after the City, through the City Manager, receives sufficient written documentation to establish the Art Museum=s compliance with the conditions precedent set forth above. Provided that the Art Museum has complied with the requirements set forth in Section 2(B) above, an additional $1,200,000.00 to be paid to the Art Museum when the Art Museum certifies in writing to the City Manager, together with a written certification to the City Manager from the Art Museum=s architect or engineer for the Project, that the Project is 50% or more complete and that the Art Museum further certifies in writing that it continues to have sufficient funds to complete the Project and the estimated cost for the Project and further that the certifications are provided to the City Manager on or before June 30, 2007. Provided, however, and subject to the terms and conditions of this Agreement, such payment from the City will not be made to the Art Museum until 30 days after the City, through its City Manager, receives sufficient written documentation to establish the Art Museum=s compliance with the conditions precedent set forth above. In all other respects, the Agreement shall remain unamended. IN WITNESS WHEREOF, the Art Museum has signed this Amendment, and the City has caused this Amendment to be signed by its City Manager, and its corporate seal to be hereunto affixed and attested by its City Clerk. ATTEST: CITY OF ROANOKE Mary F. Parker, City Clerk By_ Darlene L. Burcham, City Manager ATTEST: ART MUSEUM OF WESTERN VIRGINIA Secretary By Heywood Fralin, President {#0922706-1, 103249-00001-01} 2 APPROVED AS TO FORM: City Attorney APPROVED AS TO EXECUTION: City Attorney {#0922706-1,~03249-00001.01} 3 AMENDMENT TO AGREEMENT This Amendment to Agreement made and entered into this day of ,2005, by and between the City of Roanoke, Virginia, a municipal corporation of the Commonwealth of Virginia ("City") and the Art Museum of Western Virginia, a Virginia, non-stock, not-for-profit corporation ("Art Museum"); WITNESSETH WHEREAS, the City and the Western Virginia Foundation for the Arts and Sciences ("Foundation") entered into an Agreement dated April 16, 2002, pursuant to which the City agreed to convey certain property to the Foundation subject to certain and condition; and WHEREAS, pursuant to an Assignment of Agreement dated ,2005, the Foundation assigned its rights and obligations to the Art Museum, the Art Museum accepted such assignment, rights and obligations, and the City acknowledged and agreed to such assignment; and WHEREAS, certain provisions of the Agreement dated April 16, 2002 (the "Agreement") require modification pursuant to the Assignment of Agreement and certain other developments: NOW, THEREFORE, the parties hereto in consideration of the premises and mutual covenants hereinafter contained and for good and valuable considerable, the receipt and sufficiency of which is hereby acknowledge, agree as follows: 1. The second paragraph of the Agreement, the recitation clause, is hereby modified with the addition of the following: "...which Agreement was amended by the parties by an Amendment dated June 27, 2002, and a second Amendment dated .. ,2005." 2. In the third paragraph of the Agreement, under the recitations, the reference to June 30, 2003, is hereby amended to read "June 30, 2006." 3. In all other respects, the Agreement is hereby ratified, approved and affirmed in accordance with its terms. WITNESS the following signatures and seals: ATTEST: CITY OF ROANOKE, VIRG1NIA Mary F. Parker, City Clerk By: Darlene L. Burcham, City Manager {#0922700-1,999-999} ATTEST: Secretary APPROVED AS TO FORM: City Attorney ART MUSEUM OF WESTERN VIRGiNIA By:_ W. Heywood Fralin, President APPROVED AS TO EXECUTION: City Attorney {#0922700-1, 999-999} CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk June 24,2005 File #416 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 37094-062005 authorizing execution of an amendment to an Agreement with the Art Museum of Western Virginia dated October 4, 2000, relating to the development of an art museum; and execution of an Assignment Agreement by which the Western Virginia Foundation for the Arts and Sciences will assign to the Art Museum its rights and obligations, pursuant to an agreement with the City dated April 16, 2002. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 20, 2005. Sincerely, Stephanie M. Moon, CMC Deputy City Clerk SMM:ew Attachment pc: Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget The Honorable W. Heywood Fralin, Jr., Delegate, House of Representatives, P. O. Box 20363, Roanoke, Virginia 24018 James C. Sears, Ed. D., President and General Manager, Western Virginia Foundation for the arts and Sciences, One Market Square, Roanoke, Virginia 24011 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of June, 2005. No. 37094-062005. A RESOLUTION authorizing execution of an amendment to an Agreement with the AH Museum of Western Virginia ("Art Museum"), dated October 4, 2000, relating to the development of an art museum, and execution of an Assignment Agreement by which the Western Virginia Foundation for the Arts and Sciences ("Foundation") will assign to the AH Museum its rights and obligations pursuant to an agreement with the City dated April 16, 2002. WHEREAS, pursuant to the authority contained in Resolution No. 35091-100200, adopted by City Council October 2, 2000, the City and the AH Museum entered into an Agreement dated October 4, 2000, in connection with the City's providing certain funding in relation to the An Museum's proposal to design, develop and construct a new building or complex located in the City of Roanoke to house an AH Museum, and possibly other entities, which Agreement required the performance of certain actions by a particular date; and on April 16, 2002, the City and the Foundation agreed that the City would convey certain property to the Foundation upon certain terms and conditions for the site ora new art museum; and WHEREAS, the parties mutually desire that the time of performance as set forth in the Agreement with the Art Museum dated October 4, 2000, be extended, and that the Foundation's Agreement of April 16, 2002, be assigned to the An Museum, and amended. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, an amendment to the Agreement with the AH Museum dated October 4, 2000, in order to extend the time of performance of certain actions required to be taken by the Agreement, K:q~ESOLUT1ONSXRESOLUTIONShR.~Amcnd Agreement ART MUSEUM 062005.doc all !n. accordance with the recommendations set forth in the report of the City Manager dated June 20, 2005; such amendment to be approved as to form by the City Attorney. 2. The City Manager and City Clerk are authorized to execute and attest, respectively, an Assignment of Agreement, a~signing the April 16, 2002, agreement between the City and the Foundation to the Art Museum, and an amendment to such Agreement, all in accordance with the recommendations set forth in the report of the City Manager dated June 20, 2005; such assignment and amendment to be approved as to form by the City Attorney ATT~)ST: City Clerk. ~ K:W. ESOLUTIONSXRESOLUTIONSW,-Amend Agreement ART MUSEUM 062005.doc 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 June 20, 2005 The Honorable C. Nelson Harris, Mayor The Honorable Beverly T. Fitzpatrick, Jr. Vice-Mayor The Honorable Sherman P. Lea, Council Member The Honorable M. Rupert Cutler, Council Member The Honorable Alfred T. Dowe, Jr., Council Member The Honorable Brenda L. McDaniel, Council Member The Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: FY 2005-2006 Roanoke Valley Convention and Visitors Bureau Agreement The City of Roanoke annually has entered into an Agreement with the Roanoke Valley Convention and Visitors Bureau (RVCVB) to provide funding for marketing the Roanoke Valley as a convention and destination tourism site. As part of the annual budget adopted by City Council on May 10, 2005, the Memberships and Affiliations budget includes funding of $541,440 specifically designated for the RVCVB. An additional $306,000 is designated in the annual budget for marketing efforts and will go to the RVCVB, subject to an adjustment provision as set forth in the agreement mentioned below. The City has negotiated a one-year agreement commencing July 1, 2005 (attached) with the RVCVB detailing the use of these funds. The agreement provides for the same number of City of Roanoke representatives on the RVCVB Board of Directors as last year. The agreement also contains a mutual indemnity clause, paragraph 9, which requires approval of Council. The RVCVB submitted a detailed report listing the accomplishments made through April 2005, and an annual budget and work plan for 2005-2006 will be submitted to the City Manager for review and approval, upon approval of the RVCVB Board of Directors. Mayor Harris and Members of Council June 20, 2005 Page 2 Recommendation: Authorize the City Manager to execute an Agreement in the amount of $847,440 with the RVCVB, in a form approved by the City Attorney, substantially similar to the one attached hereto for the express purpose of marketing the Roanoke Valley as a regional destination for convention and destination tourism. DLB:gr Attachments c: Jesse A. Hall, Director of Finance William M. Hackworth, City Attorney Mary F. Parker, City Clerk Brian Townsend, Acting Director of Economic Development David Kjolhede, Executive Director, RVCVB CM05-00075 AGREEMENT THIS AGREEMENT, dated July 1, 2005, is by and between the ROANOKE VALLEY CONVENTION AND VISITORS BUREAU, a corporation organized under the laws of the Commonwealth of Virginia (hereinafter "RVCVB") and the CITY OF ROANOKE, a municipal corporation of the Commonwealth of Virginia (hereinafter "City"). WHEREAS, the RVCVB is a "REGIONAL DESTINATION MARKETING ORGANIZATION" whose mission is to market the entire Roanoke Valley as an exciting destination for Convention and Leisure travel; WHEREAS, the City is the largest contributor and with its concentration of hotels, conference centers, convention facilities, shopping, dining and attractions, realizes enhancement of its tax revenues as a result of the RVCVB marketing efforts; WHEREAS, the City desires to render aid and provide support to the RVCVB to assist in the promotion of the Roanoke Valley as a destination or meeting site for Visitors, including tourists, conventions and meeting groups, special event visitors and commercial travelers; WHEREAS, the City desires to appropriate $847,440 (subject to an adjustment as set forth herinafter in Paragraph 4) to the RVCVB for the express purpose of increasing tourism activities; WHEREAS, the City desires to formalize its relationship with RVCVB in an effort to increase the revenue enhancement derived from tourism activity; and WHEREAS, the City desires to assure that its appropriation of funds be used for these purposes. THEREFORE, in consideration of the mutual promises hereinafter set forth, the parties do hereby agree as follows: -1- 1. Term. The term of this Agreement shall be for a one-year period, from July 1, 2005, through June 30, 2006. 2. Services. Funds made available to RVCVB by the City will be applied to provide additional services resulting directly or indirectly in income producing activities, including but not (a) Direct sales programs. (b) Sales promotions. (c) Servicing conventions. (d) Marketing/communications. (e) Identify product need (new and improved facility and attractions). (f) Coordination with other City and Civic agencies and businesses involved in the growth of the Roanoke Valley. (g) Staff and run a Visitors' Center. (h) Promote and sell the Roanoke Valley as a convention and tourist destination. 3. Work Program/Budget. No later than July 31,2005, the RVCVB shall submit to the City Manager for approval a work program, marketing plan and budget setting forth in reasonable detail the activities planned for the year and the anticipated expenditures of City funds involved. The marketing plan shall be in sufficient detail as to determine the strategy RVCVB will be pursuing in promoting and selling the Roanoke Valley as a destination for group meetings, i.e. conferences and conventions as well as tourists. Such items shall detail how the funds will be expended on specific marketing initiatives. The City Manager shall approve or otherwise respond to the proposed work programs, marketing plan and budget no later than August 24, 2005 in order that any necessary modifications be settled upon on or before August 31,2005. Monthly reports outlining progress on convention sales, tourism activities and groups booked, bus tour activity, bookings and other information as deemed to be necessary by the City shall be submitted by the RVCVB to the City's Director of Economic Development. The lack of any written response by the City's Director of Economic Development requesting redirection of efforts within ten (10) days of receipt of each monthly report will denote satisfaction with RVCVB efforts. -2- limited to: 4. Funding. A. The City agrees to provide funding to RVCVB in the amount of Eight Hundred Forty-Seven Thousand Four Hundred Forty Dollars ($847,440), subject to an adjustment as set forth in 4(B) below. The total amount shall be paid quarterly in equal payments of $211,860 on or before the last day of July 2005, September 2005, December 2005, and March 2006. B. Within thirty (30) days after the end of the fiscal year, June 30, 2006, the Director of Finance will make an adjustment to the amount of funding under this Contract to the RVCVB. Such adjustment will be either an increase or decrease to the amount set forth in 4(A) above. The increase or decrease in funds provided to the RVCVB will be computed as follows: an amount equal to one seventh of the fiscal year 2006 transient occupancy tax revenue less $15,429, less the amount already paid to the RVCVB of $306,000 (which is part of the total amount set forth above) for fiscal year 2006. Ifthere is an increase in such revenues, the amount of such increase will be paid by the City to the RVCVB at the close of the fiscal year to the extent of any shortfall in its operating budget under this Contract, but only up the amount of such shortfall. Otherwise, any such funds will not be paid to RVCVB. Furthermore, if there is a decrease in the amount of revenues mentioned above, the amount of such decrease will be requested in the form of a repayment from the RVCVB to the City at the close of the fiscal year. The RVCVB will pay the City the amount of such decrease within thirty (30) days after receiving written notice from the City to do so. 5. Subcontracting. It is understood that RVCVB may from time to time contract with firms and individuals for the acquisition of goods or services in the furtherance of the activities contemplated by this Agreement. RVCVB shall not enter into any contract relating to activities contemplated by this Agreement or involving the expenditure of funds provided to RVCVB by the City under this Agreement, where the amount of such contract is $5,000 or more, without written -3- authorization of the City Manager unless the nature of the goods or services to be acquired were disclosed in the work program or annual plan and budget submitted for the year. 6. Books and Records, Audits. RVCVB shall keep accurate books and records. Both monthly P&L and Income Statements as well as an audited financial statement shall be made available to the City upon request. Additionally, RVCVB shall make such books and records available to the Municipal Auditor of the City or other independent auditor selected by the City during its regular office hours. 7. Contacts with Prospective Clients. As specified in paragraph 3, the RVCVB shall inform the City's Director of Economic Development on a regular basis of work in progress at the RVCVB. A representative from the City shall have the right to be present at any formal bid presentations made to any potential group meeting or business meeting. 8. Board of Directors. City Council shall appoint two people as members of the Board of Directors of the RVCVB. Such appointees shall have full voting rights and privileges during the term of this Agreement and shall serve on the Board at the pleasure of City Council. In addition, the City Manager, the Cites Director of Economic Development or Director's designee, and the Chairman of the Roanoke Civic Center Commission or the Chair's designee, shall be members of the Board, with full voting rights and privileges during the term of this Agreement. 9. Indemnification. To the extent permitted by law, each party shall indemnify and hold harmless the other party, its officers, agents and employees, from any and all claims, legal actions and judgments advanced against it or its officers, agents or employees, and for expenses it mayincur in this regard, arising out of the other's negligent acts or omissions, with respect to carrying out this Agreement. 10. Insurance. RVCVB shall obtain and maintain during the life of this Agreement a policy or policies of commercial general liability insurance with an insurance company or companies -4- C:\DOCUME- I \CMJB 1 \LOCAl.S- I\TEMP\NOTESFFI.'692\RVCVB A(~REEMEN [-06.DOC licensed to do business in Virginia, which policy or policies shall provide coverage with respect to claims arising out of the subject matter of this Agreement. The amount of such insurance shall not be less than $1,000,000. RVCVB shall also obtain and maintain during the life of this Agreement Directors and Officers Liability insurance in the amount of $1,000,000 per occurrence providing coverage, including defense costs, with respect to claims ahsing out of the subject matter of this Agreement. All such policies shall be occurrence policies and shall name the City of Roanoke, its officers, agents, employees and representatives as additional insureds under the commercial general liability policy and, if possible, under the Directors and Officers Liability policy. RVCVB shall provide the City with certificates of insurance for each of the above policies and each certificate shall contain substantially the following statement: "The insurance coverage provided by this certificate shall not be canceled or materially altered except after thirty (30) days written notice has been provided to the City of Roanoke." 11. Assignment. Neither the City nor RVCVB may assign its rights or obligations hereunder without the prior written consent of the other. 12. Notices. Any notices required by the terms of this Agreement shall be deemed to have been given when delivered in person to or deposited in the U.S. mail, via first class postage, addressed: (a) If to the City: City Manager City of Roanoke Noel C. Taylor Municipal Building, Room 364 215 Church Avenue, S. W. Roanoke, Virginia 24011 And Director of Economic Development 111 Franklin Plaza, Suite 200 Roanoke, VA 24011 -5- (b) If to the RVCVB: Executive Director Roanoke Valley Convention and Visitors Bureau 101 Shenandoah Avenue Roanoke, VA 24016 or at such other address as each party may designate for itself by giving at least five (5) days prior written notice to the other party. 13. Nondiscrimination. A. During the performance of this Agreement, the RVCVB agrees as follows: 1. RVCVB will not discriminate against any subcontractor, 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 RVCVB. RVCVB agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 2. RVCVB, in all solicitations or advertisements for employees placed by or on behalf of RVCVB will state that RVCVB is an equal employment opportunity employer. 3. Notices, advertisements and solicitations placed in accordance with federal law, role or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. -6- B. RVCVB will include the provisions of the foregoing subparagraphs (A)(1), (2) and (3), in every subcontract or purchase order of over ten thousand dollars ($10,000.00), so that the provisions will be binding upon each subcontractor or vendor. 14. Drug Free Workplace. (A) During the performance of this Contract, the RVCVB agrees to (i) provide a drug free workplace for the RVCVB'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 RVCVB's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of RVCVB that RVCVB maintains a drug free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor. (B) For the purpose of this section, "drug-free workplace" means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the Contract. 15. Faith Based Organizations. Pursuant to Virginia Code Section 2.2 - 4343.1, be advised that the City of Roanoke does not discriminate against faith-based organizations. 16. Termination.. The City may terminate this Agreement at any time if RVCVB applies funds paid to RVCVB by the City for any purpose other than the purposes contemplated by this Agreement, provided that reasonable notice and opportunity to cure shall first be afforded, or if RVCVB fails to perform any of the other obligations under this Agreement or as otherwise allowed by law. Upon termination of this Agreement, the number of City representatives on the Board of Directors of RVCVB shall be reduced to two (2). In such event, the City Manager shall designate the City's representatives to remain on the Board or in the event the City Manager does not so designate within 14 days of termination of the contract, the President of RVCVB shall make the designation. 17. Duplicate Originals. This Agreement may be executed in duplicate, each of which shall be deemed to be an original and all of which will be deemed to represent one and the same Agreement. 18. Nonwaiver. RVCVB agrees that the City's waiver or failure to enforce or require performance of any term or condition of this Agreement or the City's waiver of any particular breach of this Agreement by RVCVB extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions of this Agreement or a waiver of any other breaches of the Agreement by RVCVB and does not bar the City from requiring RVCVB to comply with all the terms and conditions of the Agreement and does not bar the City from asserting any and all rights and/or remedies it has or might have against RVCVB under this Agreement or by law. 19. Cooperation. Each party agrees to cooperate with the other in executing any documents necessary to carry out the intent and purpose of this Agreement. 20. Entire A~reement. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements between the parties. No amendment to this Agreement will be valid unless made in writing and signed by the appropriate parties. -8- C:\D£)CUME~ I \C.MIB I \LOCALS- I \TEMl'\NOTESFFFt;92 \ RVCVB AGREEMEN'I-06.DOC IN WITNESS WHEREOF, the City and the RVCVB have caused this Agreement to be signed by their respective authorized representatives. ATTEST: CITY OF ROANOKE Mary F. Parker, City Clerk ATTEST: Printed Name and Title Approved as to form: By Darlene L. Burcham, City Manager ROANOKE VALLEY CONVENTION AND VISITORS BUREAU By: Printed Name and Title Appropriation & Funds required for this Contract certified: City Attorney Director of Finance Account No. Date: Approved as to execution City Attorney -9- CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk June 24,2005 Stephanie M. Moon, CMC Deputy City Clerk Sheiia N. Hartman Assistant City Clerk File #293-336-398 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 37095-062005 authorizing an agreement with the Roanoke Valley Convention and Visitors Bureau for the purpose of increasing tourism in the Roanoke Valley. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 20, 2005. Stephanie M. Moon, CMC Deputy City Clerk SMM:ew Attachment pc: Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget R. Brian Townsend, Acting Director, Economic Development David L. Kjolhede, Executive Director, Roanoke Valley Convention and Visitors Bureau, 101 Shenandoah Avenue, S. W., Roanoke, Virginia 24016 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINI~ The 20th day of June, 2005. No. 37095-062005. A RESOLUTION authorizing an agreement with the Roanoke Valley Convention and Visitors Bureau for the purpose of increasing tourism in the Roanoke Valley. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized to execute and to attest, respectively, an agreement with the Roanoke Valley Conx;ention and Visitors Bureau for a term of one year, from July 1, 2005, through June 30, 2006, unless sooner terminated in accordance with the provisions of the agreement, for the purpose of increasing tourism and marketing the Roanoke Valley as a regional destination for convention, conference, leisure and business travel, all as more fully set forth in the City Manager's letter to this Council dated June 20, 2005. 2. The contract amount authorized by this resolution shall not exceed $847,440 without further Council authorization, except for the adjustment which the Director of Finance is authorized to make in accordance with the agreement. 3. Such agreement shall be in such form as is approved by the City Attorney, and shall be substantially similar to the one attached to the above mentioned letter. ATTEST: City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com June 20,2005 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 Subject: Appropriation of Funding for Vehicle Repair, Occupational Health Clinic and Year-End Close Out Needs Dear Mayor Harris and Members of City Council: Background: It is anticipated that the cost of vehicle repairs for vehicles used by General Fund departments will exceed budget in the amount of $250,000. This is due primarily to the cost of repairs for Fire/EMS, Solid Waste Management, and Police vehicles and equipment. Vehicles and equipment used by Fire/EMS and Solid Waste Management are specialized in function and generally are more costly to repair. It is anticipated that expenses for the Occupational Health Clinic will exceed budget in the amount of $51,000. This is due primarily as a result of expanding program services to include the family members of employees. Considerations: Funding to cover the additional cost of the vehicle repairs is available from incremental revenue generated by the Recordation Tax. It is anticipated that revenue from this source will exceed the revenue estimate in the amount of $386,000 as a result of an increase in the recordation tax approved during the 2004 Session of the Virginia General Assembly that became effective in Honorable Mayor and Members of Council June 20, 2005 Page 2 September 2004. Funding to cover the expenses of the Occupational Health Clinic is provided from the Health Insurance Reserve. Recommended Action: 1. Authorize the Director of Finance to increase the Recordation Tax (Account No. 001-110-1234-0216) revenue estimate by $386,000; 2. Authorize the Director of Finance to increase the Occupational Health Services (Account No. 001-110-1234-0884) revenue estimate by $51,000; 3. Appropriate funding in the amount of $250,000 for vehicle repairs as outlined in the attached budget ordinance; 4. Appropriate funding in the amount of $51,000 to the Occupational Health Clinic budget (Account No. 001-340-1263) as outlined in the attached budget ordinance; and 5. Appropriate funding in the amount of $136,000 to City Manager Contingency (Account No. 001-300-9410-2199) as an additional contingency for unplanned expenditures and year-end close out. Use of this funding will be reported to City Council in the City Manager Transfer section of the monthly financial report. DLB/vst Respectfully submitted, Attachment 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 CM05-00087 CITY OF RO_A..NOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk June 24,2005 File #72-373 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 37096-062005 authorizing the City Manager to enter into a lease agreement with First Campbell Square, LLC, for the lease of space at 2:[0 First Street, and amendments to the May 7, :[998 lease and the May :[, 200:[ lease, for use by the City of Roanoke to operate the Virginia Institute for Social Service Training Activities Piedmont Area Training Center, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 20, 2005, and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon, CIVIC Deputy City Clerk SMM:ew Attachment Darlene L. Burcham June 24, 2005 Page 2 pc: Jesse A. Hall, Director of Finance Rolanda B. Russell, Assistant City Manager for Community Development Sherman M. Stovall, Director, Office of Management and Budget Jane R. Conlin, Director of Human/Social Services IN THE COUNCIL OF THE CITY OF ROANOKE, VR1GINIA, The 20th day of June, 2005. No. 37096-062005. AN ORDINANCE authorizing the City Manager to enter into a lease agreement with First Campbell Square, LLC, for the lease of space at 210 First Street, and amendments to the May 7, 1998, lease and the May 1, 2001, lease, for use by the City of Roanoke to operate the Virginia Institute for Social Service Training Activities CVISSTA'') Piedmont Area Training Center, upon certain terms and conditions; and dispensing with the second reading of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, an appropriate lease agreement with First Campbell Square, LLC, for the lease of 3,300 square feet of space on the first floor of First Campbell Square located at 210 First Street, S.W., to operate the VISSTA Piedmont Area Training Center; such lease shall be for a term beginning July 1, 2005, until June 30, 2010, at a rate of $47,025.00 annually; and shall be upon the terms and conditions as more particularly set forth in the City Manager's letter dated June 20, 2005. 2. The City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, amendments to the May 7, 1998, lease and the May 1, 2001, lease with First Campbell, LLC, for the lease of 4,450 square feet of space on the fourth floor of First Campbell Square located at 210 First Street, S.W., extending the term of such leases to provide that both leases shall terminate on June 30, 2010, at a rate of $63,412.50 annually for the total area covered in the two leases, as more particularly set forth in the City Manager's letter dated June 20, 2005. 3. Pursuant to the provisions of §12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 TeIephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com June 20,2005 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: VISSTA Area Training Center Lease Background: The City of Roanoke Department of Social Services has a contract with Virginia Commonwealth University (VCU) to manage the Virginia Institute for Social Services Training Activities (VlSSTA) Piedmont Area Training Center. The agreement with VCU is subject to renewal annually, and includes funding for all expenses necessary to operate the program. The center, located in downtown Roanoke, is one of five in the Commonwealth, and, within our own Piedmont region, the City of Roanoke DSS is the largest agency served. Training is provided to staff of the many local departments of social services in the region. Childcare providers in the area also receive training at VISSTA. Beginning this year the VlSSTA Area Training Center has expanded to provide policy training formerly conducted directly by the Virginia Department of Social Services. There were almost 3,962 people trained in Roanoke in FY 2004, and it is anticipated that 5,000 persons will have been brought to Roanoke for VISSTA training by the end of FY 2005. The number will be even greater for FY 2006. VCU is adding eight trainers and one training assistant to Honorable Mayor and Members of Council June 20, 2005 Page 2 work out of the office in Roanoke. As a result of this growth, there is a need for additional office space and training facilities. Considerations: Currently, approximately 4,450 square feet of office space are under lease at First Campbell Square. Of this space, 2,250 square feet are leased under an agreement dated May 7, 1998, and 2,200 square feet are leased under an agreement dated June 21, 2001. These areas are located on the 4th floor, and include a training room, two computer labs, four offices and a storage area. The current leases for this area expire April 30, 2006. This space will be remodeled to eliminate the offices and storage areas, and will add a multipurpose lunchroom/training area. The leases will need to be extended to expire the same time as additional space to be rented (see below). The new lease rate for the combined areas on the fourth floor shall be $63,412.50 annually ($14.25 per square foot), which shall include the cost of renovations. An additional area of approximately 3,300 square feet on the first floor needs to be leased and will contain expanded space for storage, 14 offices, and a conference room. The proposed rent for this space on the first floor is $47,025.00 annually ($14.25 per square foot) which includes the cost of renovations. Funds for the leases are 100% reimbursable from VCU, and the VISSTA budget for FY 2006 from VCU will include the amount needed for the lease. Should funding from VCU cease the City may terminate the lease. These funds have been appropriated to the City's FY 2005-2006 budget for VISSTA, and are included in the General Fund revenue estimate. Recommended Action: Authorize the City Manager to take the following actions: Execute a lease agreement, substantially similar in form to Attachment A, with First Campbell Square, LLC, such agreement to be approved as to form by the City Attorney, for 3,300 square feet located on the first floor of First Campbell Square. The term of the lease shall be for five years, beginning July 1,2005, and ending June 30, 2010. Honorable Mayor and Members of Council June 20, 2005 Page 3 Execute amendments to the May 7, 1998, lease and the May 1, 2001, lease with First Campbell Square, LLC, substantially similar in form to Attachment B and upon form approved by the City Attorney, extending the term of such leases to provide that both leases shall terminate on June 30, 2010. Respectfully submitted, ~ rcham City Man;'g~ DLB:tem C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sherman M. Stovall, Director of Management and Budget Jane R. Conlin, Director of Human/Social Services Rolanda B. Russell, Asst. City Manager for Community Development #CM05-00077 OFFICE LEASE THIS LEASE AGREEMENT, made this day of , 2005, by and between FIRST CAMPBELL SQUARE, LLC, a Virginia Corporation, hereinafter referred to as LESSOR, and the CITY OF ROANOKE, a Virginia municipal corporation, hereinafter referred to as LESSEE. WITNESSETH THAT FOR AND IN CONSIDERATION of the mutual agreements set forth below, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by each party hereto, the parties mutually agree as follows: DESCRIPTION OF PREMISES 1. LESSOR, in consideration of the rents to be paid by LESSEE, does hereby lease to LESSEE, the following described premises located on the 1st floor in the office building known as First Campbell Square located at 210 First Street, S. W., Roanoke, Virginia, containing 3300 square feet as shown on the floor plan attached hereto as Exhibit A (the "Premises") 2. The term of this Lease shall be five (5) years commencing on the Ist day of July, 2005 or the date that the Premises is ready for occupancy ("Commencement Date") and shall expire at 11:59 o'clock p.m., June 30, 2010. The Premises shall be deemed ready for occupancy on the earliest date on which all of the following conditions have been met: (a) A final certificate of occupancy covering the Premises has been issued by the Department of Buildings of the City of Roanoke, permitting the occupancy thereof for the purposes provided herein. (b) Lessor's work and all of the work in the Premises shown on Exhibit B, have been substantially completed, and it shall be deemed so completed notwithstanding the fact that minor or inconsequential mechanical adjustments or decoration remains to be performed (except that the painting of the interior of the Premises shall be completed) the non completion of which does not materially interfere with Lessee's normal use and occupancy of the Premises. (c) All means of access and all facilities necessary to Lessee's occupancy of the Premises, including elevators, sidewalks, restrooms, heating, ventilating, air conditioning, water, lighting and electrical power facilities, have been properly installed and substantially completed, meeting the specifications set forth herein, and are in reasonably good operating order and available to the Lessee. RENT 3. LESSEE agrees to pay LESSOR an annual rental for the term of this lease of FORTY SEVEN THOUSAND TWENTY FIVE DOLLARS ($47,025.00) to be paid on the first day of each and every month in the amount of THREE THOUSAND NINE HUNDRED EIGHTEEN AND 751100 DOLLARS ($3,918.75). If the term of this lease commences on any day other than the first day of a calendar month, that pro-rata fraction of the first month's minimum rental based on a thirty (30) day month shall be paid at the first of that portion of the month. This amount includes a built in cost for renovations to the areas on the fourth floor of the building which the Premises form a part and which Lessee is leasing from Lessor that Lessor is to provide as further stated in paragraph 7 herein. TERMINATION IN EVENT OF NON-APPROPRIATION 4. Notwithstanding any other provision of this Lease, LESSEE shall have the right to terminate this Lease without penalty or further obligation in the event the federal, state, or municipal government does not appropriate the funds necessary for payment of the rent. LESSEE shall give LESSOR notice as soon as LESSEE is made aware of such non appropriation, but in no event shall notification be less than thirty (30) days. LESSEE shall be liable for the rent in such event only through the month in which the Premises are vacated To honor prior commitments to the Gainsboro Redevelopment Project only, Lessee reserves the right to cancel this lease agreement on June 30, 2004, and every year thereafter on the anniversary date of this lease provided written notice of such intent is received by Lessor 30 days prior to aforesaid cancellation dates. USE ANDPOSSESSION 5. The Premises shall be used for general office, classroom and support purposes and for no other purpose without prior written consent of LESSOR. LESSEE shall not use the Premises for any unlawful purpose or so as to constitute a nuisance. IMPROVEMENTS 6. Prior to the anticipated Commencement Date, LESSOR, will complete at its sole cost and expense, except as specifically provided in Exhibit B, renovations to the building according to the specifications and designs for finishing and improving the Premises, in addition to the renovations to the areas on the fourth floor of the building which the Premises form a part which LESSEE is leasing from LESSEE, as stated on Exhibit B. All such renovations shall be substantially completed, as that term is defined in Paragraph 2.b. and the Premises ready for occupancy, as that term is defined in Paragraph 2, on or before July 1, 2005. Failure by the LESSOR to have the Premises Ready for Occupancy and such renovations completed by the date indicated above could result in substantial damages to the LESSEE. Therefore, in the event renovations are not completed by July 1, 2005, the LESSEE shall have the right to terminate this lease with no obligation owed to the LESSOR. COMPLIANCE 7. LESSEE hereby covenants and agrees to comply with all the rules and regulations of the Board of Fire Underwriters, Officers or Boards of the City, County or State having jurisdiction over the Premises, and with all ordinances and regulations of governmental authorities wherein the Premises are located. SIGNS 8. LESSEE shall not, without the prior written consent of LESSOR, which consent will not be unreasonably withheld, with respect to interior signs, place any signs or advertising matter or material on the exterior or interior of the building. Should LESSOR approve any sign, LESSEE hereby agrees to remove any signage at the termination of this LEASE and repair any damage caused by the removal of this signage. QUIET ENJOYMENT & COVENANT OF TITLI= 9. LESSOR covenants, warrants and represents that it has full right and power to execute this lease and to grant the estate demised herein and that LESSEE upon payment of the rents herein reserved, and performing the terms, conditions and covenants herein reserved, shall peacefully and quietly have, hold and enjoy the Premises during the ful 1 term of this lease and any extensions thereof. LESSOR'S SERVICES 10. LESSOR shall furnish the following services to LESSEE at LESSOR'S own cost and expense, all of which shall be adequate for the intended use of the Premises and in conformity with that furnished in local first class buildings similar in nature, but in no event shall these services be provided less than the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday, City of Roanoke holidays as determined by Roanoke City Council excepted. (a) Elevator service during normal business hours of each business day, and at least one elevator on a 24 hour, 7 days a week basis. (b) Access to and use of at least one restroom for each sex, as well as the maintenance of these restrooms and all soap, paper towels, and two-ply tissue necessary for efficient use of such rooms. (c) LESSOR shall provide janitorial service, refuse removal, supplies and window washing for the Premises and common areas and restrooms in the building. (d) LESSOR shall provide ventilation as well as heating and air conditioning during the appropriate seasons at levels similar to those maintained in like properties. (e) LESSOR shall maintain in proper working order all air conditioning equipment, including, but not limited to air handling equipment, filter systems and duct work, to minimize airborne contaminants including, but not limited to, dust and other such impurities that either directly or indirectly impact the quality of air in the Premises. (f) LESSOR shall provide hot and cold water and plumbing as is required for drinking, cleaning and restroom purposes. (g) LESSOR shall provide sufficient electricity and electrical receptacles to support office, training room and support areas, to include but not be limited to the following equipment needs: personal computers and associated printer equipment, telecommunications equipment facsimile equipment and photocopiers. The LESSOR will provide LESSEE or the State of Virginia or their agents with access to telecommunications closets and other areas sufficient to install local area computer network equipment to be provided at a later date by the State of Virginia. (h) LESSOR shall provide adequate levels of illumination within all rooms/spaces, and in particular those designated for office and training room use. The average illumination level for general offices and the meeting room will be 50 foot-candles and for classrooms 75 foot-candles. LESSOR shall provide for exterior maintenance to the Premises including, but not limited to, landscape maintenance, and structural repairs including roof repairs or replacements. It is also agreed that if LESSEE requires air conditioning or heat beyond the hours hereinabove set forth and provided arrangements are made with LESSOR'S agent not less than twenty-four (24) hours in advance, LESSOR will furnish such air conditioning or heat and LESSEE agrees to pay for the same with each monthly installment of rent in accordance with the then current schedule of costs and assessments therefore. Such schedule shall be no more than the LESSOR'S cost and shall be published from time to time by the LESSOR and furnished to the LESSEE. The LESSOR shall not be liable for the interruption of any of the above- mentioned services caused by breakdown, maintenance, renewals, improvements, strikes, lockouts, inability of the LESSOR to procure such services or to obtain fuel or supplies or other cause or causes beyond the reasonable control of the LESSOR Any 4 interruption of service shall not be deemed an eviction or disturbance of the LESSEE'S use and possession of the Premises or any part thereof, or render the LESSOR liable to the LESSEE for damages, or relieve the LESSEE from performance of the LESSEE'S obligation under this Lease, unless said interruption is a result of negligence by LESSOR. LESSOR shall be obligated to use its best efforts to restore the interrupted service within a reasonable time after notification. If LESSOR fails to keep, repair and maintain the Premises and all plumbing, heating, air conditioning, electrical and mechanical devices, appliances and equipment of every kind or nature to or serving the Premises in good repair, condition and working order suitable to the purpose and use for which LESSEE has leased the premises, the LESSEE, at its sole option, and after giving ten (10) days written notice, may either (a) terminate this lease and all obligations hereunder, or (b) proceed to make, or cause to be made, such upkeep, repair and/or maintenance, at LESSEE'S expense so as to render the Premises suitable for the purpose and use for which the Premises are leased, in which event, LESSEE may deduct the cost of the same from future rental payments as they become due and/or may collect such cost from LESSOR in any manner provided by law. ALTERATIONS BY LESSEE 11. LESSEE shall not make any alterations to the Premises without obtaining LESSOR'S prior written consent, which consent shall not be unreasonably withheld, but any and all alterations, additions or other improvements made by LESSEE, with or without the consent of LESSOR, regardless of how attached (except moveable trade fixtures), shall immediately become and remain the property of LESSOR, without compensation therefore to LESSEE, provided LESSOR shall have the right to require that LESSEE, prior to the termination of this Lease, remove any or all such alterations, additions, improvements and restore the Premises to their original condition with normal wear and tear excepted. SUBLEASING & ASSIGNMENT 12. LESSEE may not assign its right under this Lease or sublet the whole or any part of the Premises, without the prior written consent of the LESSOR, such consent will not be unreasonably withheld. Regardless of LESSOR'S consent, no subletting or assignment shall release LESSEE or alter the primary liability of LESSEE to pay the rent and to perform all other obligations to be performed by LESSEE hereunder. CARE OF PREMISES 13. The LESSEE agrees to take good care of the Premises, fixtures, and appurtenances and suffer no waste or injury thereto, and that it will pay for all repairs to the Premises, fixtures and appurtenances necessitated by the fault of LESSEE, its employees, agents, customers or guests. At the end of the term LESSEE will surrender the Premises in as good condition as LESSEE obtained the same at the commencement of the term, reasonable wear and tear excepted DAMAGE TO PREMISES 14. If the Premises shall be damaged by fire, the elements, unavoidable accident or other casualty, but are not thereby rendered untenantable in whole or in part, LESSOR shall promptly at its own expense cause such damage to be repaired, and the rent shall not be abated. If by reason of such occurrence the Premises shall be rendered untenantable only in part, LESSOR shall promptly at its own expense cause the damage to be repaired, and the rent meanwhile shall be abated proportionately to the portion of the Premises rendered untenantable. If by reasons of such occurrence the Premises shall be rendered wholly untenantable, LESSOR shall promptly at its own expense cause such damage to be repaired, and the rent meanwhile shall be abated in whole, unless within sixty (60) days after said occurrence LESSOR shall give LESSEE written notice that it has elected not to reconstruct the destroyed Premises, in which event this Lease and the tenancy hereby created shall cease as of the date of said occurrence and the rent shall be adjusted as of such date. LESSOR shall not be required to repair or replace any property which the LESSEE may be entitled to remove from the Premises, No damages, compensation or claims shall be payable by LESSOR for inconvenience, loss of business or annoyance arising from any repair or restoration of the Premises or of the building of which the Premises form a part. All rent paid in advance shall be apportioned in accordance with the foregoing provisions as of the date of such damage; however, if the damage results wholly from the fault of the LESSEE, its agents, contractors, employees or invitees, LESSEE shall not be entitled to termination or any abatement or reduction in rent. INSURANCE 15. LESSEE shall at all times during the term of this Lease or any renewal thereof carry with an approved insurance carrier licensed to operate in this State, commercial general liability insurance, with limits of liability of not less than $1,000,000.00 with respect to bodily injury, personal injury and property damage. In lieu of the insurance required by this provision, the LESSEE may provide evidence of self insurance. Certificates of such insurance or evidence of self-insurance shall be furnished to LESSOR and/or Agent upon request. LESSOR currently has and agrees to maintain during the term of this Lease Fire and Extended Insurance coverage on the building containing the Premises with insurance company licensed to do business in Virginia in at least the amount of the replacement value of said building. LESSEE shall notify LESSOR promptly of any accident or loss in the Premises or in the building of which the Premises form a part or of any defects therein or in the equipment and fixtures thereof which LESSEE has knowledge. INSPECTION OF PREMISES 16. The LESSOR or LESSOR'S agent shall have free access during normal business hours to the Premises for the purpose of inspection and for the maintenance and making of repairs, upon at least twenty-four hours notice to LESSEE. LESSOR shall have the right to show space to prospective tenants during the last one hundred eighty (180) days prior to the expiration of the term of this Lease upon at least twenty- four hours notice to LESSEE. SUBORDINATION 17. This Lease is subject and subordinate to all security liens, mortgages and deeds of trust which may now or hereafter affect the Premises or the building in which the Premises is situated, or the real property upon which said building is located, and to all renewals, modifications, consolidations, Replacements and extensions thereof. The LESSEE shall execute promptly any certificate or other form of instrument in confirmation of such subordination, to include estoppel certificates in recordable form that LESSOR may request. So long as the LESSEE hereunder shall pay the rent reserved and comply with, abide by and discharge the terms, condition, covenants and obligations an its part to be kept and performed herein and shall attorn to any successor in title, notwithstanding the foregoing, the peaceable possession of the LESSEE in and to the Premises for the term of this Lease, shall not be disturbed, in the event of the foreclosure any such mortgage or deed of trust, by the purchaser at such foreclosure sate or such purchaser's successor in title. LESSOR agrees to waive its "Landlord Lien" on LESSEE'S personal property in favor of prior interest held by lien holders in said personal properly. CONDEMNATION 18. If the whole or any part of the Premises or all means of access thereto shall be condemned or sold under threat of condemnation, this Lease shall terminate and LESSEE shall have no claim against LESSOR or to any portion of the award in condemnation for the value of any unexpired term of this Lease. In. the event of a temporary taking, this Lease shall terminate. DEFAULT 19. In the event the LESSEE shall default in the payment of rent or any other sums payable by the LESSEE herein, and such default shall continue for a period of ten (10) days after written notice thereof or if the LESSEE shall default in the performance of any other covenants or agreements of this Lease and such default shall continue for thirty (30) days after written notice thereof, or if the LESSEE should become bankrupt or insolvent or any debtor proceedings be taken by or against the LESSEE, then and in addition to any and all other legal remedies and rights, the LESSOR may declare the entire balance of the rent for the remainder of the term to be due and payable and may collect the same by distress or otherwise, or the LESSOR may terminate this Lease and retake possession of the Premises, or enter the Premises and relet the same without termination, in which later event the LESSEE covenants and agrees to pay any deficiency after LESSEE is credited with the rent thereby obtained less all repairs and expenses (including the expenses of obtaining possession). HOLDING OVER 20. LESSEE shall, on the last day of the original term or renewal or any extension thereof or upon sooner termination of this lease, peacefully and quietly surrender the demised premises to LESSOR, broom-cleaned and in as good condition and repair as the demised premises were at the commencement of the original term, normal wear and tear excepted. If LESSOR and LESSEE have not formally agreed to an extended term, LESSEE will be considered as holding over the demised premises and construed as tenancy from month to month with LESSEE owing LESSOR rent on a monthly basis. Such month-to-month tenancy shall be upon the same terms and subject to the same conditions as those set forth in the provision of this lease. SURRENDER OF PREMISES 21. LESSEE will surrender the Premises, at the expiration or sooner termination of the lease term, broom cleaned, with all rubbish removed, free to subtenancies, and in good condition and repair, reasonable wear and tear excepted. LESSEE will deliver all keys to LESSOR or LESSOR'S agents. RULES AND REGULATIONS 22. The rules and regulations printed and attached to this Lease shall be and are hereby as Exhibit C made a part of this Lease. LESSEE, its servants and agents, will perform any and abide by said rules and regulations, and any amendments or additions to said rules and regulations as may be made from time to time by LESSOR. MUTUAL WAIVER OF SUBROGATION 23. LESSEE and LESSOR hereby release each other, to the extent of their respective insurance coverage, from any and all liability for any loss or damage caused by fire or any of the extended coverage casualties or any other casualty insured against, even if such fire or other casualty shall be brought about by the fault or negligence of the other par[y or its agents, provided, however, this release shall be in force and effect only with respect to loss or damage occurring during such time as such parties' respective insurance policies covering such loss or damage shall contain a clause to the effect that this release shall not affect said policies or the right of such party to recover thereunder. Each party agrees that its fire and other casualty insurance policies will include such a clause. NOTICES 24. Any notices required to be served in accordance with the terms of this Lease shall be in writing and served by registered or certified mail, or delivered in person and duly acknowledged, as follows: To LESSEE: VISSTA Training Coordinator & Director of Social Services Suite 405 1510 Williamson Road 210 First Street, S.W Roanoke, VA 2401124012 Roanoke, VA 24011 To LESSOR: First Campbell Square, LLC 210 First Street, Suite 220 Roanoke, VA 24011 Either party may at any time designate a change in the above address or addresses by giving written notice to the other. All notices, demands and requests which shall be served by registered or certified mail in the manner aforesaid shall be deemed sufficiently served or given for all purposes hereunder at the time such notice, demand or request shall be mailed by United States registered or certified mail as aforesaid in any post office or branch post office regularly maintained by the United States Government. SUCCESSORS & ASSIGNS 25. The Lease shall bind and inure to the benefit of the successors, assigns, heirs, executors, administrators and legal representatives of the parties hereto. AUTHORITY 26. The persons executing this Lease hereby covenant, represent and warrant that they are duly authorized to sign and execute this Lease. WAIVERS 27. The waiver by either party of any breach of any terms or provision herein contained shall not be deemed a waiver of any subsequent breach of the same or any other term of provision hereof. 9 ENVIRONMENTAL 28. LESSOR represents there is no non-encapsulated friable asbestos or other hazardous materials in the building of which the Premises form a part or the Premises. Should non-encapsulated friable asbestos or other hazardous materials be discovered in the building of which the Premises form a part or Premises, LESSEE may immediately terminate this Lease, and the LESSOR shall reimburse and indemnify the LESSEE for any and all expenses incurred as of the result of the building and/or Premises containing non-encapsulated friable asbestos or other hazardous material including, but not limited to, moving cost, any and all fines, civil penalties, and damages awarded against LESSEE as a result of such materials being located in the building and/or Premises, and all reasonable legal expenses, including attorney fees, incurred in defending claims against LESSEE as a result of the non-encapsulated friable asbestos or other hazardous material being located in the building or Premises. ACCESSIBILITY BY THE HANDICAPPED 29. Prior to the commencement of the initial term and delivery of possession, LESSOR shall certify to LESSEE in writing that the minimum requirements of the Virginia Uniform Statewide Building Code pertaining to access by physically handicapped and aged persons have been met. As hereinafter used, the term "the standards" shall mean and incorporate those current standards issued or promulgated by the American National Standards Institute, entitled "American National Standard Specifications for Making Buildings and Facilities Accessible to and Usable by Physically Handicapped People," and the term "accessible" shall mean accessible to physically handicapped and aged individuals in accordance with the standards. The minimum requirements are: (a) An accessible entrance to the building shall comply with the standards. (b) (c) At least one accessible route (corridors and doors) within the Premises shall comply with the standards. If support areas within the building (e.g., breakroom) are used try LESSEE, its employees or the public, such areas shall be accessible. (d) If LESSEE occupies floors other than the main floor of access to the building, at least one accessible elevator shall be Provided. (e) Accessible public rest rooms for each sex shall be provided, preferably on all floors. As a minimum, accessible rest rooms shall be provided on the ground floor or the floor occupied by LESSEE if the building is four stories or less in height. If LESSEE occupies an area above the fourth floor, accessible public rest reoms for each sex shall be provided on the floor occupied by LESSEE. If LESSEE occupies more than one floor, at least one accessible public rest room for each sex shall be provided on at least every fourth floor occupied by LESSEE. ]0 (0 (g) (h) All corridors, doors and spaces in or about the Premises and used by the public or employees of LESSEE shall be accessible. Directional signs complying with the standards shall be provided directing the public to the Premises occupied by LESSEE. Where the foregoing standards for handicapped access conflict with applicable local ordinances, rules, or regulations setting forth standards for handicapped access, the more restrictive of the two shall govern. ENTIRE AGREEMENT 30. This Lease, together with any exhibits attached hereto, contains and embodies the entire agreement of the parties hereto, and representations, inducements or agreements, oral or otherwise between the parties not contained in this Lease and exhibits, shall not be of any force or effect. This Lease may not be modified, changed or terminated in whole or in part in any manner other than by an agreement in writing duly signed by both parties hereto. INVALIDITY OF PARTICULAR PROVISIONS 31. If any provision of this Lease or the application thereof to any person or circumstances shall to any extent be invalid or unenforceable, the remainder of this Lease, or the application of such provisions to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. IN WITNESS WHEREOF, this Lease has been duty executed by the parties hereto as of the day and year first above written. LESSOR: FIRST CAMPBELL SQUARE, LLC ATTEST: By: Title: Date: ATTEST: LESSEE: CITY OF ROANOKE By: Title: Date: ]] EXHIBIT "A" Floor Plans of First and Fourth Floors Showing Leased Area are available for inspection at the City of I~oanoke Department of Social Services EXHIBIT "B" NARRATIVE FOR PROPOSED IMPROVEMENTR OFFICE SPACE LOCATED IN SUITE 110 FIRST CAMPBELL SQUARE 210 FIRST STREET ROANOKE, VIRGINIA The improvements proposed for the space on the first and fourth floors of First Campbell Square Building located at 210 First Street in downtown Roanoke are to be done in their entirety by the LESSOR. The construction will be developed in accordance with the general guidelines stipulated herein: The overall quality of construction and appearance desired for the new space should be on a level equivalent to the other leased space within the building. All new partitions are to be full height, constructed using steel studs and gypsum wallboard. 3. Doors to be 1-3/4" solid core wood set in hollow metal frames. Hardware to be commercial type with locks. 4. Finishes within the new space will be: a. Level loop carpet in all rooms. b. Vinyl or rubber base in all rooms c. Satin-sheen paint on all wall surfaces in all rooms d. The ceiling will be acoustical lay-in tile comparable to that used in the building. Existing fireproofing systems to be redesigned and fully operational where disturbed by new work. HV^C system, including related duct work, runouts, controls, etc., will be designed to provide adequate temperature, humidity and air flow within all new rooms/spaces. Particular attention should be given the conference rooms to accommodate potentially large numbers of occupants. Separate thermostats will be provided for the office area and training room utilizing "zoning" techniques. New Fluorescent light fixtures, receptacles and outlets for telephones and computers will be installed where necessary. Sufficient fixtures shall be installed as required to provide a minimum illumination level of 100- footcandles within private offices and other general use space. All lighting shall include EXIT signs as required by building codes. ]4 EXHIBIT "C" RULES AND REGULATIONS WHICH ARE REFERRED TO IN THE FOREGOING LEASE AND ARE A PART THEREOF 4, The sidewalks, entries, halls and passages shall not be obstructed by the Tenant or used by him for any other purpose than for ingress and egress to and from the above demised premises. Fire exits are to be kept free from obstructions at all times. No doors or windows that reflect or admit light into the premises of said building shall be covered or obstructed. No sign, advertisement or notice shall be inscribed, painted or affixed on any part of the outside or inside of the said building, except (1) on the doors or adjacent windows of the leased premises, and then only of such color, style, size and material as the Lessor shall approve in writing, and then only in such place, in such manner, and under such conditions as the Lessor shall prescribe and at Lessee's expense. At the expiration of this Lease, the Lessee agrees to remove all such signs at his own expense; non shall any additional lock be placed upon any door in the demised premises without the written consent of the Lessor. The Lessee shall not do or permit anything to be done in said premises, or bring or keep anything therein, which will increase the rate of fire insurance on said building, or on the property kept therein, or obstruct or interfere with the rights of other tenants, or in any way injure or annoy them, or do or permit to be done anything in conflict with the regulations of the Fire Department, or with any insurance policy upon said building or any part thereof, or with any rules established by the Board of Health, or with the ordinances of the County of Roanoke, Virginia, or the laws of the State of Virginia, or of the United States of America. The Lessor shall have the right to prescribe the weight, size and property location of safes and other weighty articles before the same are admitted into the Building, and any such damage done to the building in the putting in or out of such articles, or during the time they are in or on the premises, shall be made good by the Lessee. All persons employed in the moving of safes, furniture or other bulky articles in and out of the building must be acceptable to the Lessor, and such work is to be done only at the time designated by the Lessor. The Lessee shall not cause unnecessary delay or unreasonable labor by reason of his carelessness or indifference to the preservation of good order and cleanliness. 15 10. 11. 12. 13. 14. 15. 16. No carpet, rug or other articles shall be hung or shaken out of any window or door, and nothing shall be thrown, swept or dropped by the Lessee, his agents, employees or visitors out of the windows or doors, or into the court of the building; nor shall animals or birds be brought or kept in or about the building. The Lessor will equip all electric fixtures provided by Lessor in the leased premises with necessary electric lamps; but the Lessee shall pay for renewing all lamps. No shades, venetian blinds, or draperies shall be put up except as approved by Lessor. The Lessee shall keep shades and venetian blinds in proper repair and condition and be responsible for all damage thereto. If the Lessee desires telegraphic, telephonic, or other connections by wire, the Lessor will direct the electricians as to where and how the wires are to be introduced and without such directions no boring or cutting for wires or attaching of wires to the outside or inside of the building will be permitted. No painting, alterations or decorations of any kind to any part of the building shall be made by the Lessee. The Lessee shall not use any method of heating or cooling other than that provided for by the Lessor herein, without the written consent of the Lessor. Nothing shall be placed on the outside of the building, or on the windows, window-sills or projections. Before all persons leave the premises at the close of the business, tenants must see that the doors are securely locked and lights extinguished. No tenant, or agent, employee or visitor of the tenant, or other person, shall go upon the roof of the building without the written consent of the Lessor. No machinery of any kind will be allowed to be operated on premises without the written consent of the Lessor, ordinary office equipment excepted. The use of rooms as sleeping apartments is absolutely prohibited. No doormat will be permitted outside Lessee's entry door. Any newspaper, magazine or other advertising done from said premises, which, in the opinion of the Lessor, is objectionable, shall be immediately discontinued upon notice from the Lessor. Except as provided in Tenant's Lease, Lessor shall not be responsible to any tenant for the non-observance or violation of any of the rules and regulations by any other tenant. 17. Lessee shall provide at its own expense, commercial floor pads which Lessee shall place and maintain under all desks and secretarial desks in order to prevent excessive wear and tear of floor covering. Failure by Lessee to do so shall constitute a breach by Lessee of Provision 5(a) of this Lease and Lessee shall be responsible for cost of replacement of said floor covering to Lessor's sole and absolute satisfaction. LANDLORD: TENANT: ]7 AMENDMENTANDADDENDUM NO. 1 THIS AMENDMENT AND ADDENDUM NO. 1 to that certain lease agreement, herein referred to as "Agreement" dated June 21, 2001, by and between First Campbell, LC, as LESSOR and the City of Roanoke as LESSEE, WlTNESSETH WHEREAS LESSOR AND LESSEE entered into an Agreement providing for a lease commencing on May 1, 2001, and expiring April 30, 2006, for space to be used for general offices, classroom and support purposes consisting of 2,200 sf (+/-) located on the fourth floor at 210 First Street in the City of Roanoke, Virginia; and WHEREAS, LESSOR and LESSEE, by this amendment, intend that the provisions herein below set forth shall supersede to the extent that they are inconsistent therewith; WHEREAS, LESSOR and LESSEE both desire to further extend the term of the Agreement for an additional four years and two months. THEREFORE, in consideration of the mutual promises stated in the Agreement and herein, the parties agree as follows: Paragraph 2: Term of the Agreement is hereby amended to extend the lease term for an additional four years two months commencing on May 1,2006, and expiring June 30, 2010. To honor prior commitments to the Gainsboro Redevelopment Project only, Lessee reserves the right to cancel this lease agreement on June 30, 2004, and every year thereafter on the anniversary date of this lease provided written notice of such intent is received by Lessor 30 days prior to aforesaid cancellation dates. Paragraph 3: Monthly rental payments for the extended term (May 1, 2006, through June 30, 2010) defined in this Amendment & Addendum No. 2 shall be TWO THOUSAND SIX HUNDRED TWELVE and 50/100 DOLLARS ($2,612.50). Except as hereby amended, the terms and conditions contained in the Agreement and subsequent amendments thereto shall remain in full force and effect. This Amendment and Addendum No. 1 shall be binding upon and inure to the benefits of the parties hereto and their respective legal representatives, successors and/or assigns. IN WITNESS WHEREOF, the par[ies have hereunto caused this Amendment and Addendum No. 1 to be executed the __ day of ,2005. Attest: LESSOR: City of Roanoke By: Title: Date: Attest: LESSEE: First Campbell Square, LC By: Title: Date: Approved As To Funds Available Approved As To Form Assistant City Attorney Director of Finance Account No. Approved as to Execution Assistant City Attorney AMENDMENTAND ADDENDUM NO. 2 THIS AMENDMENT AND ADDENDUM NO. 2 to that certain lease agreement, herein referred to as "Agreement" dated May 7, 1998, between First Campbell, LC, as LESSOR and the City of Roanoke as LESSEE, WlTNESSETH WHEREAS LESSOR AND LESSEE entered into an Agreement providing for a lease commencing on July 1, 1998 and expiring June 30, 2003 for apace to be used for general offices, classroom and support purposes consisting of 2,250 sf (+/-) located at 210 First Street in the City of Roanoke, Virginia; and WHEREAS, LESSOR and LESSEE, by this amendment, intend that the provisions herein below set forth shall supersede to the extent that they are inconsistent therewith; WHEREAS, the Agreement was Amended by an Amendment and Addendum dated May 23, 2003, to extend the term of the Agreement for an additional two years and ten months whereby the Agreement would terminate on June April 30, 2006; WHEREAS, LESSOR and LESSEE both desire to further extend the term of the Agreement for an additional four years and two months. THEREFORE, in consideration of the mutual promises stated in theAgreement and herein, the parties agree as follows: Paragraph 2: Term of theAgreement is hereby amended to extend the lease term for an additional four years two months commencing on April 30, 2006, and expiring June 30, 2010. To honor prior commitments to the Gainsboro Redevelopment Project only, Lessee reserves the right to cancel this lease agreement on June 30, 2004, and every year thereafter on the anniversary date of this lease provided written notice of such intent is received by Lessor 30 days prior to aforesaid cancellation dates. Paragraph 3: Monthly rental payments for the extended term (May 1, 2006, through June 30, 2010) defined in this Amendment & Addendum No. 2 shall be TVVO THOUSAND SIX HUNDRED SEVENTY ONE and 88/'100 DOLLARS ($2,674.88) Dollars. Except as hereby amended, the terms and conditions contained in the Agreement and subsequent amendments thereto shall remain in full force and effect. This Amendment and Addendum No. 2 shall be binding upon and inure to the benefits of the parties hereto and their respective legal representatives, successors and/or assigns. IN WITNESS WHEREOF, the parties have hereunto caused this Amendment and Addendum No. 2 to be executed the __ day of ,2005. Attest: LESSOR: City of Roanoke By: Title: Date: Attest: LESSEE: First Campbell Square, LC By: Title: Date: Approved As To Funds Available Approved As To Form Assistant City Attorney Director of Finance Account No. Approved as to Execution Assistant City Attorney CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk June 24, 2005 File #322 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 37097-062005 consenting to the transfer and assignment of a Temporary Nonexclusive Revocable License Agreement dated January 7, 1997, between the City of Roanoke and KMCTelecom of Virginia, Inc., to TeleCove of Virginia, Inc., and authorizing the City Manager to execute an Agreement to accomplish such transfer and assignment and to take such actions and execute such documents as may be necessary to administer and enforce the License Agreement. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 20, 2005. Sincerely, Deputy City Clerk SMM:ew Attachment Darlene L. Burcham June 24, 2005 Page 2 pc: Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget Roy M. Mentkow, Acting Director, Department of Technology Dana D. Long, Manager, Department of Billings and Collections IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of June, 2005. No. 37097-062005. A RESOLUTION conseming to the transfer and assignment of'a Temporary Nonexclusive Revocable License Agreement dated January 7, 1997, between the City of Roanoke and KMC Telecom of Virginia, Inc., (KMC Virginia) to TelCove of Virginia, LLC and/or TelCove, Inc.; and authorizing the City Manager to execute an Agreement to accomplish such transfer and assignment and to take such actions and execute such documents as may be necessary to administer and enforce the License Agreement. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council hereby consents to the transfer and assignment of the Temporary Nonexclusive Revocable License Agreement dated January 7, 1997, between the City of Roanoke and KMC Telecom of Virginia, Inc., to TelCove of Virginia, LLC and/or TelCove, Inc., upon such terms and conditions as the City Manager deems appropriate. Council further authorizes the City Manager to execute an Agreemem to accomplish such transfer and assignment, with the form of the Agreement to be approved by the City Attorney, all as further set forth in the City Manager's letter dated June 20, 2005. 2. The City Manager is further authorized to take such actions and execute such documents as may be necessary to accomplish such transfer and assignment and to administer and enforce the License Agreement. ATTEST: City Clerk. K:hMe. a~a~kKMC lvamf~ to TelCo~e R~.~loc 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 June 20, 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 Subject: Request of KMC Telecom of Virginia, Inc., to Transfer and Assign Its Temporary Nonexclusive Revocable License Agreement with the City to TelCove of Virginia, LLC and/or TelCove Inc. Dear Mayor Harris and Members of City Council: The City of Roanoke and KMC Telecom of Virginia, Inc., (KMC Virginia) entered into a Temporary Nonexclusive Revocable License Agreement dated January 7, 1997, (License Agreement) allowing KMC Virginia to install, operate, and maintain a telecommunications system or facilities in certain portions of the public ways within the City. License agreement provides that KMC will provide the City 4 dark fiber at no cost to the City. Such License Agreement was extended by an Extension Agreement dated October 2, 1997. The License Agreement was further amended by a First Amendment dated February 25, 1998, and a Second Amendment dated October 1, 1998, which extended such License Agreement on a month-to-month basis. KMC Virginia has operated in Roanoke since January 7, 1997, and has a customer base within the City. In February 2005, KMC Virginia and TelCove, Inc., entered into an Asset Purchase Agreement under which TelCove, Inc., and/or TelCove of Virginia, LLC (TelCove Virginia) would acquire KMC's network transmission facilities (fiber, conduit, and other equipment) within the City of Roanoke. At the same time such Asset Purchase Agreement provides that other KMC facilities in Virginia The Honorable Mayor and Members of City Council June 20, 2005 2 will also be transferred and assigned to TelCove, Inc., and/or TelCove Virginia. Such transfer is intended to take place on July 1, 2005, or as soon thereafter as the necessary governmental approvals can be obtained. KMC Virginia and TelCove Virginia have filed a joint application with the Virginia State Corporation Commission to approve such asset transfer. The License Agreement requires any transfer or assignment by KMC Virginia of such License Agreement to have the consent of City Council. Accordingly, KMC Virginia, TelCove, Inc., and TelCove Virginia have requested that City Council consent to the above transfer and assignment. TelCove Virginia, and/or TelCove, Inc., have agreed to fully comply with all the terms, conditions, and obligations of the License Agreement. RECOM MEN DATION City Council consent to the transfer and assignment of the Temporary Nonexclusive Revocable License Agreement between the City and KMC Virginia to TelCove, Inc., and/or TelCove of Virginia, LLC, upon such terms and conditions as the City Manager deems appropriate, with the form of the Assignment Agreement to be approved by the City Attorney. Council further authorize the City Manager to take such actions and execute such documents as may be necessary to accomplish such transfer and assignment and to administer and enforce the License Agreement. Res~fully submitted, Darlene L. Bu~ham City Manager~ CM05-00088 WMH/GET/Isc C: William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Mary F. Parker, City Clerk Roy Mentkow, Acting Director of DOT Dana Long, Manager of OBC CSDocuments and Settings\cmjb 1LMy Documents\City Council 2005\CM05-g8.doc CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk June 23, 2005 File #27-60-514 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 37098-062005 transferring funds from various capital projects to the Southern Hills Drive Street and Drainage Improvements Project, and amending and reordaining certain sections of the 2004-2005 General and Capital Projects Funds Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 20, 2005, and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon, CMC Deputy City Clerk SMM:ew Attachment Jesses A. Hall June 24, 2005 Page 2 pc: Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Office of Management and Budget Philip C. Schirmer, City Engineer IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of June, 2005. No. 37098-062005. AN ORDINANCEtotrans~rfunding~om variouscapital~djectstotheSo~hem Hills Drive Street and Drainage Improvements Project, amending and reordaining certain sections of the 2004-2005 General and Capital Projects Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2004-2005 General and Capital Projects Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Transfer to Capital Projects Fund Fund Balance Reserved for CMERP - City 001-250-9310-9508 001-3323 $ 407,756 (407,756) Capital Pro ;ects Fund Appropriations Appropriated from General Revenue Economic Development Appropriated from General Revenue Appropriated from 1996 Bond Funds Appropriated from 1999 Bond Funds Appropriated from General Revenue Appropriated from General Revenue Appropriated from 2002 Bond Funds Revenues Transfer from General Fund 008-530-9835-9003 008~530-9575-9178 008-310-9688-9003 008-056-9656-9088 008-002-9700-9001 008-002-9700-9083 008-530-9736-9083 088-530-9806-9076 008-110-1234-1037 1,586,918 (576,006) (225,008) (14o,o64) (49,703) (54,248) (65,800) (68,341 ) 407,756 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: (~ City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk June 24,2005 File #27-60-514 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 37099-062005 transferring funds from Transportation - Street Paving Project to the Southern Hills Drive Street and Drainage Improvements Project, and amending and reordaining certain sections of the 2005-2006 General and Capital Projects Funds Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 20, 2005, and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon, CMC Deputy City Clerk SMM:ew pc: Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Office of Management and Budget Philip C. Schirmer, City Engineer IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of June, 2005. No. 37099-062005. AN ORDINANCE to transfer funding from Transportation - Street Paving Project to the Southern Hills Drive Street and Drainage Improvements Project, amending and reordaining certain sections of the 2005-2006 General and Capital Projects Funds Appropriations, and dispensing with the second reading by title of this Ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2005-2006 General and Capital Projects Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Transfer to Capital Projects Fund Fees for Professional Services Capital Projects Fund Appropriations Appropriated from General Revenue Revenues Transfer from General Fund 001-250-9310-9508 001-530-4120-2010 $ 153,082 (153,082) 008-530-9835-9003 008-110-1234-1037 153,082 153,082 Pursuant to the provis~ons of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~,~ City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com June 20, 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: Southern Hills Drive Street and Drainage Improvements Project The Southern Hills Neighborhood Plan identifies storm drain and street improvements needed along Southern Hills Drive. Plans have been completed to provide for an underground drainage system, improved water mains, sanitary sewer and a new curb and gutter street. The estimated total project cost is $1,740,000. Recommended Action: Transfer the amount of $1,740000 to account number 008-530-9835, Southern Hills Dr ve Drainage, from the following sources: Source Amount Account Unappropriated CMERP $ 407,756 001-3323 Capital Improvement Reserve - 008-530-9575- Economic Development $ 576,006 91 78 008-310-9688- Grow America Fund $ 225,000 9003 008-056-9656- Peters Creek Detention Basins $ 140,064 9088 Johnson &Johnson Offsite 008-002-9700- Improvements $ 54,248 9003 Johnson &Johnson Offsite 008-002-9700- Improvements $ 49,703 9001 Honorable Mayor and Members of Council June 20, 2005 Page 2 008-530-9736- NPDES Phase II $ 65,800 9003 Transportation - Street Paving 001-530-4120- (FY05-06Funds) $ 153,082 2010 008-530-9806- Curb, Gutter, Sidewalk #3 $ 68,341 9076 Total $1,740,000 submitted, Darlene L. B~ City Manager DLB/PCS/ca c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Philip C. Schirmer, PE, LS, City Engineer Sherman M. Stovall, Director of Management & Budget #CM05-00089 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853-2541 F~x: (540) 853-1145 E-mail: clerk~ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clcrk June 24,2005 File #60-467 Kathy G. Stockburger, Chair Roanoke City School Board 2506 Cornwallis Avenue, S. E. Roanoke, Virginia 24014 Dear Ms. Stockburger: I am enclosing copyofOrdinance No. 37100-062005 appropriating Federal funds for School Food Services, and amending and reordaining certain sections of the 2004-2005 School Food Services Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 20, 2005, and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon, CMC'~'~ Deputy City Clerk SMM:ew Enclosure pc: Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget Doris N. Ennis, Acting Superintendent, Roanoke City Public Schools, P. O. Box 13145, Roanoke, Virginia 24031 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 20t'h day of June, 2005. No. 37100-062005. AN ORDINANCE to appropriate Federal funding for School Food Services, amending and reordaining certain sections of the 2004-2005 School Food Services Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2004-2005 School Food Services Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Food 032-065-6005-6788-0602 300,000 Revenues Federal Cafeteria Receipts 032-060-6000-1712 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: y Clerk. JESSE A. HALL Director of Finance emil: jesse_hall~cLroanoke.va.us CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Room 461 P.O. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-6142 ANN H. SHAWVER Deputy Director email: ann shawver(~ci.roanok¢.va.us June 20,2005 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 Council: We have received the attached request to appropriate funding for the School Board. This report will appropriate the following: $300,000 for the Food Service Program for additional costs experienced by this program throughout Fiscal Year 2005. The program is one hundred percent reimbursed by Federal funds. Based on the attached transmittal letter from the Acting Superintendent of Schools, we recommend you concur with this report and adopt the attached budget ordinance to appropriate funding as outlined above. Members of the School Board have been informed of this action and will ratify this appropriation at their next scheduled meeting on July 12, 2005. Sincerely, Jesse A. Hall Director of Finance JAH:ca Attachment Honorable Mayor and Members of Council June 20, 2005 Page 2 C: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Mary F. Parker, City Clerk Sherman M. Stovall, Director of Management & Budget Doris N. Ennis, Acting Superintendent, Roanoke City Schools ~, JUN-17-,2005 12:07 ,- Roanoke RKE CTY SCH BUSINESS SRUS 540 853 2836 Cily Public Schools Supe~ntendent of 8~hoots . RO. Box 131~5. Roanoke. Vigin/a 24031 · 540-853-2381. Fax: 540-853-2951 P. 01/B2 June 20, 2005 Mr. Jesse A. Hall, Director of Finance City of Roanoke Roanoke, VA 24011 Dear Nr. Hall: It is respectfully requested that City Council appropriate $300,000.00 for the 2004-05 Food Services Fund to provide for increased food costs. The appropriation increase will be reimbursed by Federal funds. Members of the School Board have been informed of this action, which will be ratified by the School Board at its meeting of ]uly 12, 2005. I thank you for your assistance in getting this request approved by City Council. Sincerely, Doris N. Ennis Acting Superintendent re Enc. CC: Mrs. Kathy G. Stockburger Mrs. Cindy Lee Mr. Kenneth F. Mundy Mrs. Darlene Burcham Mr. William M. Hackwor~h Mrs. Mary Parker Mr. Paul Workman (with accounting details) '-,- Preparing Students for Success MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clcrk@ci.roanok¢.va.us June 27, 2005 File #514 STEPHANIE M. MOON l)cputy City Clerk SHEILA N. HARTMAN Assistant City Clerk James W. Conner, Head Trustee East Gate Church of the Nazarene 175 Forest Road Moneta, Virginia 24121 Dear Mr. Conner: I am enclosing copy of Ordinance No. 37101-062005 vacating, discontinuing and closing a portion of 21'~ Street, N. E., comprising approximately 1,742 square feet, adjacent to Official Tax No. 3340306. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 20, 2005, and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon, CMC Deputy City Clerk SMM:ew Enclosure James W. Conner, Head Trustee June 27, 2005 Page 2 pc: Mr. and Mrs. BobbyJ. Hayes, P. O. Box 12343, Roanoke, Virginia 24024 Ms. Donna S. Hall, 1736 Twenty First Street, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Robert M. Holdren, 2104 East Gate Avenue, N. E., Roanoke, Virginia 24012 Richard Nichols, Chair, Southeast Action Forum, 1620 Kirk Avenue, S. E., Roanoke, Virginia 24013 The Honorable Brenda L. Hamilton, Clerk of Circuit Court Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Steven J. Talevi, Assistant City Attorney 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 20th day of June, 2005. No. 37101-062005. AN ORDINANCE permanently vacating, discontinuing and closing a certain public right-of- way in the City of Roanoke, Virginia, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. WHEREAS, East Gate Church of the Nazarene filed an apphcafion to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by {}30-14, Code of the City of Roanoke (1979), as amended, and afl;er having conducted a public heating on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held on such application by the City Council on June 20, 2005, after due and timely notice thereof as required by {}30-14, Code of the City of Roanoke (1979), as amended, at which heating all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That portion of 21st Street, N.E., comprising approximately 1,742 square feet, adjacent to parcel bearing Official Tax No. 3340306, as further ~lescribed on the plat entitled, "Plat Made for East Gate Church of the Nazarene, showing 598 sq. ii. portion of Lot 1A to be conveyed to the City of Roanoke, also showing a 1,742 sq. ii. part of 21st Street to be conveyed to the East Gate Church of the Nazarene," dated April 5, 2005, prepared by ACS Design, as set forth in the Planning Commission report to this Council dated June 20, 2005, be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any utility company, 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 right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal f~om the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Cour~ for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise be 2 landlocked by the reqUested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the fight-of-way. BE IT FURTHER ORDAINED that the applicant, and its successors and assigns, shall plant and maintain five (5) deciduous trees of the type and quality required by §36.1-585 of the Code of the City of Roanoke (1979), as amended, on property along 21st Street, N.E., and Kessler Road, N.E., such trees to be in addition to those required by the Code of the City of Roanoke (1979), as amended. BE IT FURTHER ORDAINED that closure of the subject right-of-way is conditioned upon the applicant dedicating an approximate 598 square foot portion of Official Tax Map Number 3340306 to the City of Roanoke and the City of Roanoke accepting such portion, such portion to become part of the right-of-way, moving the petitioner's property line off the pavement, and potentially improving the line of sight at the intersection of 21st Street and Kessler Road, N.E., as requested in the applicant's petition filed with the City Clerk on April 5, 2005, such dedication to be effected and memorialized in the above-referenced subdivision plat. 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, Virgin/a, 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, Virgin/a, 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 3 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 one (1) year from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. BE IT FINALLY ORDAINED that pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~..,~ City Clerk. 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 June 20,2005 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 East Gate Church of the Nazarene to permanently vacate, discontinue and close a portion of 21" Street, N.E., comprising approximately 1,742 square feet, adjacent to parcel bearing Official Tax No. 3340306. Planning Commission Action: Planning Commission public hearing was held on May 19, 2005. By a vote of 6-0 (Mr. Butler absent), the Planning Commission recommended that City Council permanently vacate, discontinue and close a portion of 21't Street, N.E., subject to certain conditions set out in the recommendations section of this report. The Planning Commission also recommended that the petitioner be required to plant five additional trees on the perimeter of the site (Official Tax No. 3340306) in lieu of the $1,144 charge for the vacated right-of-way. Background: The petitioner currently has a site plan under review to construct a parking lot on Official Tax No. 3340306. The parking lot will serve the church, which is at the southern end of the same block. The petitioner recently had a survey done of Official Tax No. 3340306, which revealed that the right-of-way is 10 feet wider than was originally shown on both the previous survey and City tax maps. in addition, both the private and City staff surveys revealed that a portion of the northwest corner of the petitioner's property is in the pavement of 21st Street and Kessler Road. Considerations: The petitioner's properties and all those in the surrounding blocks are zoned RM-2, Residential Multifamily, Medium Density District. Land uses surrounding the petitioner's properties are predominantly single-family residential. Staff received comments from AEP, Verizon, and Roanoke Gas Company all of which had no objection to the closure. Staff received comments from the Western Virginia Water Authority, who also stated no objection to the requested closure. Staff received comments from the Transportation Division of the City expressing objection to the request. Transportation Division staff stated the vacation would limit the City's ability to install curb, gutter and sidewalk, or widen 21st Street in the future. Staff did not receive any other comments in support of or in opposition to the requested closure. The petitioner has agreed to dedicate an approximately 598 square foot portion of Official Tax No. 3340306 to the City as a condition of the vacation. The dedicated land will become part of the right-of-way, moving the petitioner's property line off of the pavement, and potentially improving the line of sight at the intersection of 21st Street and Kessler Road, N.E. The vacation will allow the petitioner to build a slightly larger parking lot. Development review staff has been working with the petitioner to address storm water management on the site. The property acquired in the vacation will not add a significant number of parking spaces for the petitioner, but may allow greater flexibility in design. If the vacation is approved, the petitioner will be required to submit a revised site plan for the parking lot after a combination plat has been recorded. The Department of Real Estate Valuation assessed the value of the subject right-of-way at a rate of $1 per square foot based on RM-2 zoning. The petitioner has requested vacation of approximately 1,742 square feet and agreed to dedicate 598 square feet to the City from its parcel. The balance of land the petitioner will acquire if this petition is approved by Council will be 1,144 square feet. Mr. Chrisman asked why staff was recommending vacation of the right-of- way despite the comments from Transportation staff that the vacation would prevent future installation of curb, gutter and sidewalk. Mr. Chrisman also asked if curb, gutter and sidewalk installation would be possible after the vacation, stating that he didn't want the Commission to vote on something that was contrary to the comprehensive plan. Staff replied that there was discussion among Planning and Engineering staff on this matter, and that Planning staff concluded that cur-b, gutter and sidewalk would still be possible though this street is a very Iow priority. Staff noted the current uneven width of the right-of-way would make curb, gutter and sidewalk installation more difficult without the vacation, and that future widening of 21~t Street is highly unlikely and not in keeping with current City policy. In addition, staff said that the dedication of almost 600 square feet of the petitioner's property was worth the trade-off. Mr. Townsend added that the undulating terrain of 21st Street further diminished the likelihood of curb, gutter and sidewalk installation. Mr. Townsend also stated that such installation might be best suited to only one side of the street. Mr. Talevi asked whether staff intended for the petitioner to maintain any landscaping required as a result of the closure. He pointed out that a requirement of maintaining landscaping would be difficult to enforce because the City could not recover the righbof-way after it has been vacated Staff noted the Planning Commission's comments from the site visit on May 6 in which members stated an interest in additional interior landscaping in lieu of payment for the right-of-way. Staff said that the petitioner was informed of the Commission's suggestion, but that he was only willing to provide additional landscaping on the perimeter of the site. Mr. Williams asked staff what the current requirement for landscaping is. Staff replied that the zoning ordinance requires one tree for every 50 feet of street frontage and five percent of the interior of the parking lot must be landscaped. Mr. Rife said a typical deciduous tree costs approximately $250 including installation. The Commission then decided that five trees would be comparable to the $1,144 price for the right-of-way. A motion was made to recommend that the Petitioner plant five trees on the perimeter of the site in lieu of payment for the right-of-way. Recommendation: By a vote of 6w0, the Planning Commission recommends that City Council approve the requested closure, subject to the conditions set out below. The vacation of the requested portion of 21st Street, N.E., and dedication of a small portion of right-of-way will provide an improved parking lot layout and will prevent any future problems that may arise from the petitioner's property being within the right-of~way at the intersection of 21s~ Street and Kessler Road. 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 righbof-way, including the right of ingress and egress. Said plat shall dedicate approximately 598 square feet of the northwestern corner of Official Tax No. 3340306 to the City in a location acceptable to the Subdivision Agent. In addition to the street trees required by the zoning ordinance on 21't and Kessler, N.E., the applicant shall plant five additional deciduous trees of a minimum caliper of 2 to 2 ~ inches at planting in the eight foot setback required for the parking lot along Kessler and 21" Streets, N.E. 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. CC~ Do 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. Eo 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, Chairr~an' City Planning Commission Darlene L. Burcham, City Manager Rolanda Russell, Assistant City Manager Steven J. Talevi, Assistant City Attorney Petitioner Right-of-way Closure: 21 st St, NE 3340901 3340903 3341022 ~41007 3341008 3341010 3341011 3340913 3340103 3340914 3340915 3340916 3340104 3340105 3340306 RM-2 3340310 3340106 3340303 3340904 3340905 3340917 334O906 3340907 3340908 3341024 3341025 \ 3341026 3341027 3341028 3341034~ 3340924 Proposed R.O.W. Vacation J~340-304 3340305 33~051~ ~ 3340511 3340505 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Application of East Gate Church of the Nazarene ~'or vacation of 2 I~t Street ) ) APPLICATION FOR VACATING, ) DISCONTINUING AND ) CLOSiNG A PORTION OF 21st ST., NE MEMBERS OF COUNCIL: East Gate Church of the Nazarene, applies to have a portion of 21s~ St., NE, adjoining tax map # 3340306. m the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Sect/on 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 tbllows: A portion of 21st St., NE, adjoining tax map # 3340306 approximately 1,742 square foot. East Gate Church of the Nazarene stated that the grounds for this application are as follows: 1. All landowners whose property adjoins the property to be vacated have been notified and are in agreement ~vith this application. (see attached maps) 2. The property to be vacated is cmTently unimproved. 3. Upon approval of this application, the property will be graded and finished to be used as parking area. 4. The petitioner agrees to dedicate a 598 square foot portion of official tax number 3340306 as shoxvn on the attached survey to entrance at Kessler Road. Wherefore, East Gate Church of the Nazarene respectfully requests that the above described street be vacated by the Conncil of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.2-2006 and Section 30-14, code of the City of Roanoke (1979), as amended. Respectfully submitted James W. Conner Head Trustee Date East Gate Church of the Nazarene James W. Conner (540)798-9302 175 Forest Road Moneta, VA 24121 Adjoining Owners to 2P* St., NE, City of Roanoke Tax map # 33'40306 1. Tax map #3340915 East G-ate Church of the Nazarene Tax map #3340916 Hayes, Bobby I. & Barbara N. P.. O. Box 12343 Roanoke, VA 24024 Tax map #3340917 Hall, Donna Sigmon 1736 Twenty First St. NE Roanoke, VA 24012 Tax map #3340924 Trustees-East Gate ChUrCh of the Nazarene 2002 East Gate Ave., NE Roanoke, VA 24012 Tax map #3340305 Holdren, Robert M. & Ella C. 2104 East Gate Ave., NE Roanoke, VA 24012 TANGENT=49.48' ARC=74.95' DELTA=95'26'05" ~ . CHORD=N31'33'57"E DISTANCE=66.59' RADIUS=45.00' 598 SQ. F'r. Z ACS .OLD STEPHANIE L. LINKOUS LOT lA 0.690 ACRE 30,042 sq. ft. INST. NO. 990001793 TAX NO. 3340310 ZONED EM-2 0.040 ACRES L S 59'26'00' W 9.42' 30'49'52" E 10.65' $ 59'26'00" W, 151.80' PROPERTY OF ROBERT M. & ELLA C. HOLDREN D.B. 1242, PG. 428 NEW LOT 16A M.B. 1, PG. 2712 TAX NO. 3340305 )'EAGER LOT 17 VICINITY MAP NO SCALE PLA T MADE FOR EAST GA TE CHURCH OF THE NAZARENE SHOWING 598 SO. FT~ PORTION OF LOT lA TO BE CONVEYED TO THE CITY OF ROANOKE, ALSO SHOWING A 1,742 SO FT. PART OF 21 ST. STREET TO BE CONVEYED TO THE EAST GATE CHURCH OF THE NAZARENE ROANOKE, VIRGINIA SCALE 1' = 50' APRIL 5, 2005 To~ To~ To: From: City of Roanoke Office of City Clerk 215 Church Avenue SW, Room 456 Roanoke, VA 24012-1536 City of Roanoke Planning Building and Development June 20, Hon. Mssrs. Harris, Fitzpatrick, Cutler, Dowe, Lea, McDaniel, Wishneff Made Crocker 1736 21st Street NE Roanoke, VA 24012 RE: FILE 514 (Tax Map # 3340917) 2OO5 We oppose File 514, the request by Eastgate Nazarene for the following reasons: 1. No environmental impact study was done. Eastgate Church and Connor Construction Company (Jim Connor, owner of Conner Construction Co. is a prominent member of the church) have dramatically altered the land to a height that severely impacts drainage/water runoff onto our property. Jim Connor destroyed a beautiful wooded section, and has used the site for over two years as a waste dump/landfill. Most of the destruction of the property was done without City permit. A permit was gained after we complained repeatedly to the City of Roanoke. Jim Conner has damaged our property, knocking the wires oft'the side of our house in August 2003. 2. Conner and Eastgate have already torn down the house next door, put up an unsightly aluminum "Butler-type" building and have run a parking lot up close to our house. 3. The City of Roanoke has so far ignored the environmental impact being created by Eastgate Nazarene. We request that a complete, formal environmental impact study be done. We request that File 514 be denied until the results of that study are done and we receive a copy of that study done by a reputable entity. We resent the statement in the letter to us by Richard A. Rife that our street is 'low priority'. We pay taxes, also!!! Marie Crocker (co-owner of 1736 21st Street NE) The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times .................................................. + ........................ EAST GATE CHURCH OF THE NAZARE 2002 E GATE AVENUE, NE ROANOKE VA 24012 REFERENCE: 80129055 06242677 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 Virg~_ia. Sworn and subscribed before me this ~f~fi~cTldasYeaolf.June 2005. Witness my hand an f~'~ ~ ~~1~..-~ tary Put. lc ~--~ ° m m l'~q~' g ~ ~~s ..... ~~ 3~--~-- · PUBLISHED ON: 06/03 06/10 TOTAL COST: FILED ON: 303.60 06/10/05 NOTT~E OF FIJ~LIC The Council of the City of Roanoke will hold a Public He;Irlng on Monday, June 20, 2005, at 7:00 p,m., or ;is soon there~lfter as the matter may be hoard, in the C~ uncil Chamber in the Noel C. Taylor Municipal Building, 2115 Church Avenue, S.W., on an No. 3340306 (6242677) Authorizedk~Afl ~ ~ ~' Si gnature: _~__~_~_~_~_~__, Billing Services Rep~Dentative NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Heating on Monday, June 20, 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 tight-of-way: That portion of 21 Street, N.E., comprising approximately 1,742 square feet, adjacent to parcel bearing Official Tax No. 3340306 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, June 16, 2005. GIVEN under my hand this 27rhday of May ,2005. Mary F. Parker, City Clerk. K:\NOTICES/N CLOSE-ST(2 IST ST )062005 DOC Notice to Publisher: Publish in the Roanoke Times on Friday, June 3, 2005, and Friday, June 10, 2005. Send affidavit to: Send bill to: Mary F. Parker, City Clerk 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2541 James W. Conner Head Trustee East Gate Chumh of the Nazarene 175 Forest Road Moneta, Virginia 24121 (540) 798-9302 I ,:\CLE R K\DATA~'I~KS M 1 ~PU B I.IC HEARINGS.05~N-CLOSE-ST(21 ST ST.)O62005.1X)C MARY F. PARKER, CMC City Clerk CITY OF ROANOI<E OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk~ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk June 7, 2005 File #514 Mr. and Mrs. BobbyJ. Hayes P. O. Box 12343 Roanoke, Virginia 24024 Mr. and Mrs. Robert M. Holdren 2104 East Gate Avenue, N. E. Roanoke, Virginia 24012 Ms. Donna S. Hall 1736 21st Street, N. E. Roanoke, Virginia 24012 Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, June 20, 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 proposal of East Gate Church of the Nazarene, that a portion of 21" Street, N. E., adjoining Official Tax No. 3340306, corn posed of approximately 1,742 square feet, be permanently vacated, discontinued and closed. If you would like to receive a copy of the report of the City Planning Commission, please call the City Clerk's Office at 540-853-2541. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew K:~Public HearingsXPublic Hearings 2005Llun 05~Attomcys and Adjoining Propemy Owners.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 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk June 7, 2005 File #514 James W. Conner, Head Trustee East Gate Church of the Nazarene 175 Forest Road Moneta, Virginia 24121 Dear Mr. Conner: Pursuant to provisions of Resolution No. 25523 adopted bythe Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, June 20, 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 East Gate Church of the Nazarene, that a portion of 21" Street, N. E., adjoining Official Tax No. 3340306, composed of approximately 1,742 square feet, be permanently vacated, discontinued and closed. For your information, I am enclosing copy of a report of the City Planning Commission and a notice of public hearing. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 540-853-2431. Questions with regard to the City Planning Commission report should be directed to the Department of Planning, Building and Development at 540-853-1730. K;XPublic Hearings~Public Hearings 2005klun 05~Attomeys and Adjoining Property Owners.dee James W. Conner, Head Trustee June 7, 2005 Page 2 It will be necessary for you, or your representative, to be present at the June 20 public hearing. Failure to appear could result in a deferral of the matter until a later date. Mary F. Parker, CMC City Clerk MFP:ew Enclosure K:~Public HearingsWublic Hearings 2005~Jun 05XAttomeys and Adjoining Property Owners.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, May 19, 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 East Gate Church of the Nazarene to permanently vacate, discontinue and close a portion of 215' Street, N.E., comprising approximately 1,742 square feet, adjacent to parcel bearing Official Tax No. 3340306. A copy of the said petition is available for review in the Department of Planning Building and Development, Room 166, Noel C. Taylor Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person who needs accommodations for this hearing, please contact the Department of Planning Building and Development at 853-1730 before 12:00 noon on the Monday before the date of the hearing listed above. Martha P. Franklin, Secretary City of Roanoke Planning Commission Please print in newspaper on Tuesday, May 3 and 10, 2005. Please bill: East Gate Church of the Nazarene 2002 East Gate Avenue, N.E. Roanoke, VA 24012 (540) 798-9302 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, ¥~rginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ci.roanoke.va.us April 6, 2005 File #514 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Richard A. Rife, Chair City Planning Commission 1326 Grandin Road, S. W. Roanoke, Virginia 24015 Dear Mr. Rife: Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application received in the City Clerk's Office on April 6, 2005, from James W. Conner, Head Trustee, East Gate Church of the Nazarene, requesting that a portion of 21"Street, N. E. adjoining Official Tax No. 3340306, containing approximately 1,742 square feet, be permanently vacated, discontinued and closed. Sincerely,~Par~k r, C~C~'~' Mary F. City Clerk MFP:ew Enclosures pc: The Honorable Mayor and Members of the Roanoke City Council James W. Conner, Head Trustee, East Gate Church of the Nazarene, 175 Forest Road, Moneta, Virginia 24121 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 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: ) ) Application of East Gate Church of the Nazarene ) for vacation of 2 lS~ Street ) APPLICATION FOR VACATING, DISCONTINUING AND CLOSING A PORTION OF 21st ST., NE MEMBERS OF COUNCIL: East Gate Church of the Nazarene, applies to have a portion of 21st St., NE, adjoining tax map # 3340306, in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.2-2006 and Section 30-14, Code of the City of Roanoke (1979), as amended. This street is more particularly described on the map attached and as follows: A portion of 21st St., NE, adjoining tax map # 3340306 approximately 1,742 square foot. East Gate Church of the Nazarene stated that the grounds for this application are as follows: 1. All lando~vners whose property adjoins the property to be vacated have been notified and are in agreement with this application. (see attached maps) 2. The property to be vacated is cun-ently unimproved. 3. Upon approval of this application, the property will be graded and finished to be used as parking area. 4. The petitioner agrees to dedicate a 598 square foot portion of official tax number 3340306 as shown on the attached survey to entrance at Kessler Road. Wherefore, East Gate Church of the Nazarene respectfully requests that the above described street be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.2-2006 and Section 30-14, code of the City of Roanoke (1979), as amended. Respectfully submitted Jame.~-4'~Z~e/~~W. Connr ~ Date Head Trustee East Gate Church of the Nazarene James W. Conner (540)798-9302 175 Forest Road Moneta, VA 24121 Owner~ to 21* St.,, NE, City of Roaaoke Tax map # 3340306 1. Tax map #3340915 East Gate Church of the Nazarene 2. Tax map #3340916 Haye% Bobby $. &BarbaraN. / P.;',O. Box 12343 R~)anoko, VA 24024 3. Tax map #3340917 4. Tax map #3340924 ti ~.11, Donna $.~nou 1736 Twenty First St. NE Roanoke, VA 24012 Trustees-East Gate Church of the Nn~rene 2002 East Gate Ave., NE . ';;,Ronnoke~ VA 24012 ' - Roanoke, VA 24012 CURVE DATA CHORD,NXl'33'57'E DISTANCEs66.59' RADIUS,-45.00' TANGENT-49.48' ARC~74.95' DELTA-95'26'05' 598 SQ. FT. Z LOT lA 0.690 ACRE 30,042 sq. ft. P.K. NAIL ,.oo LOT ~ TAUATHA E. UNKOUS Jr STEPHANIE I, UNKOUS INST. NO. 990001793 TAX NO, ~,?P~0310 ZONED RM-2 0.040 ACRES £ 10.63' S 59'26'00" W, 131.80' PROPER37OF ROBERT M. Jr ELLA C. HOLDREN D.B. 1242, PG. 428 NEW LOT 16A M.B. 1, PG. 2712 TAX NO. 3340305 g. s 59'26'00" w 9.42' LOT 17 YEAGER AVENUE DESIGN 24017 ~te: 540 ~62 234~ Fmc ,540 ~2 2344 PLA T MADE FOR ma_ST GATE CHURCH OF THE NAZARENE SHOWING 598 SO. FT. PORTION OF LOT IA TO BE CONVEYED TO THE CITY OF ROANOKE, ALSO SHOWING A I, 742 SO FT. PART OF 21 ST. STREET TO BE CONVEYED TO THE EAST GA TE CHURCH OF THE NAZARENE ROANOKE, VIRGINIA SCALE 1' = 50' APRIL 5, 2005 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 F~x: (540) 853-1145 E-mail: clerk~ci.roanoke.va.us June 27, 2005 File #51 STEPHANIE M. MOON Deputy City Clerk SHEII~. N. HARTMAN Assistant City Clerk Donald L. Wetherington, Attorney P. O. Box 678 Fincastle, Virginia 24090 Dear Mr. Wetherington: I am enclosing copy of Ordinance No. 37102-062005 rezoning property located at 315 Albemarle Avenue, S. E., identified as Official Tax Nos. 4022101 and 4022104, from HM, Heavy Manufacturing District, to C-3, Central Business District, as set forth in the Petition filed in the Office of the City Clerk on April 6, 2005. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 20, 2005, and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon, CMC Deputy City Clerk SMM:ew Enclosure Donald L. Wetherington, Attorney June 27, 2005 Page 2 pc: Mr. William P. Najjum, 98 Najjum Lane, Roanoke, Virginia 24019 Mr. Stephen H. Sewell, Jr., 5216 Archer Drive, S. E., Roanoke, Virginia 24014 Cosmo Holdings, LLC, P. O. Box 20891, Roanoke, Virginia 24018 Mr. James J. Tabor, Jr., P. O. Box 12461, Roanoke, Virginia 24025 Walters LLC, 115 Albemarle Avenue, S. E., Roanoke, Virginia 24013 Riverview Nursing Home, Inc., 200 Merriman Lane, Moneta, Virginia 24121 Richard Nichols, President, 1620 Kirk Avenue, S. E., Roanoke, Virginia 24013 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 20th day of June, 2005. No. 37102-062005. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 402 of the Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City; and dispensing with the second reading by rifle of this ordinance. WHEREAS, Warehouse 315 LLC, has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from HM, Heavy Manufacturing District, to C-3, Central Business District; WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and at,er conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such apPlication at its meeting on June 20, 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 Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City% Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein providgd. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 402 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular manner and no other: The property located at 315 Albemarle Avenue, S.E., and designated on Sheet No. 402 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 4022101 and 4022104, be, and is hereby rezoned from HM, Heavy Manufacturing District, to C-3, Central Business District, as set forth in the Petition filed in the Office of the City Clerk on April 6, 2005, and that Sheet No. 402 of the 1976 Zone Map be changed in this respect. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: '"'"~]iL~."~ City Clerk. Architectural Revlew Board Board of Zoning Appeals CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540)853-1730 Fax: (540)853-1230 E-mail: planning @ ci.roanoke.va.us June 20, 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: Petition by Warehouse 315 LLC, represented by Donald L. Wetherington, attorney, to rezone properties located at 315 Albemarle Avenue, SE, identified as Official Tax Nos. 4022101 and 4022104, from HM, Heavy Manufacturing District, to C-3, Central Business District. Planning Commission Action: Planning Commission public hearing was held on May 19, 2005. By a vote of 6-0 (Mr. Butler absent), the Commission recommended approval of the rezoning request. Background: On April 7, 2005, a petition was filed to rezone two parcels identified as Tax Map Nos. 4022101 and 4022104, consisting of 1.046 acres, from HM, Heavy Manufacturing District, to C-3, Central Business District. The property is commonly known as the former Heironimus warehouse. No specific use is proposed in the petition. City real estate records list the properties as having two structures which total 59,147 square feet. The original building, listed as built in 1930, is brick with masonry detailing typical of Roanoke's historic industrial architecture. Several concrete block and wood frame structures have been added to the original building. Considerations: The surrounding land uses and zoning districts include: · To the north are a highway bridge abutment, a small building occupied by a mechanical contractor, and a fenced vacant lot used for storage. These properties are zoned LM, Light Manufacturing District. · To the east is a metal building which is currently vacant. This property is zoned LM, Conditional. · To the south is the Roanoke Fruit and Produce Company, which is zoned HM, Heavy Manufacturing District. · To the west is a 21 l-foot right-of-way which contains the Webber Expressway, the railroad, Williamson Road, Mill Mountain Greenway, and Fourth Street. The proposed rezoning will further economic development recommendations of the Vision 2001-2020 Comprehensive Plan: · Promote a Strategic Initiative by redeveloping and reusing an underutilized industrial site (pp. 58-61). · Support redevelopment of the South Jefferson Redevelopment Area (p. 61). The property is located at the northern limits of the South Jefferson Redevelopment Area. The Redevelopment Plan for the South Jefferson Redevelopment Area identifies the property as being located within The Crossing district, described as: "A village at the crossroads of transportation systems and transportation oriented structures, utilizing the architecture of warehouses and historical structures for loft space and flex development, a counter point for the more refined campus and the traditional downtown." (p. 10) The plan targets the property for mixed commercial and multifamily residential uses, with a primary objective of preserving warehouse buildings for adaptive reuse. Reuse of the building is consistent with the plan's guidelines for building location, yard, height, and open spaces. (p. 15) Staff contacted Dann Campbell, Community Development Director, and he indicated that the Roanoke Redevelopment and Housing Authority fully supports the proposed adaptive reuse of the property. The Planning Commission held a public hearing on May 19, 2005. Discussion focused on the method of flood-proofing the building, pedestrian access, and the methods by which parking would be accommodated for the use. No citizens addressed the Commission on this matter. Recommendation: By a vote of 6-0, the Commission recommends that City Council approve the petition to rezone to Ci3, Central Business District. The proposed rezoning will permit adaptive reuse of an underused property, which is consistent with and promotes the policies of Vision 2001-2020 and the Redevelopment Plan for the South Jefferson Redevelopment Area. Respectfully submitted, Richard A. Rife, Chairman City Planning Commission CC: Darlene L. Burcham, City Manager Rolanda Russell, Assistant City Manager for Community Development Steven J. Talevi, Assistant City Attorney Donald L. Wetherington, Attorney for the Petitioner Rezoning: 315 Albemarle Ave, SE 4021505 / / 4021306 4030213 j 0920! / 4022104 Subject Properties I ~ mM 4022102 / 4022~01 4021915 4O22223 4021918 / / / / / / HM 40~102 4030307 40802O1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Rezoning of a tract of land at the southeast intersection of Albemarle Avenue, SE and Fourth Street, SE, known by the address 315 Albemarle Avenue, SE, and designated Roanoke City Tax Parcels 4022101 and 4022104, from HM, Heavy Manufacturing District to C-3, Central Business District PETITION TO REZONE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Warehouse 315 LLC, a Virginia limited liability company, owns land in the City of Roanoke containing 1.046 acres, located at 315 Albemarle Avenue, SE, and identified by Roanoke City Tax Map Numbers 4022101 and 4022104. The tract is currently zoned HM, Heavy Manufacturing District. The property is more clearly shown on plat of survey dated September 15, 2004, entitled "Plat Showing Property of S. H. Heironimus Co., Inc., wholly owned by The Dunlap Company - Texas, a Nevada Corporation, being conveyed to Warehouse 315 LLC," by Lumsden Associates (Timothy Hoelzle, Virginia LS), a copy of which is attached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from HM, Heavy Manufacturing District to C-3, Central Business District. Rezoning this tract of land will further the intent and purposes of the City's Zoning Ordinance and of the City's Comprehensive Plan articulated as Vision 2001- 2020 by enabling the redevelopment of a commercial and industrial site, adding to a sustainable and diverse economic base, allowing an aggregation of interesting and diverse cultural, commercial and entertainment venues to assist in selling Roanoke to residents, newcomers and visitors; and all while reclaiming a recognized historic structure as a fully functional facility. Attached as Exhibit B are the names, addresses and tax numbers of the owners of all property immediately adjacent to and immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Submitted this 6th day of April, 2005. Respectfully submitted, WAREHOUSE 315 LLC Katherine W. Wetherington Managing Member Donald L. Wetherington Donald L. Wetherington PLC 5 South Roanoke Street P. O. Box 678 Fincastle, VA 24090 Telephone: (540) 473-2220 Virginia State Bar No. 13897 Counsel for Warehouse 315 LLC 417705 Petition. Rezone.doc/snk EXHIBIT A I .... SE~T~MBER15'~ ~ kUMSDEN ASSOCIATES, P.C. ~" 2~-~ r~ "-~'~ ENGINEERS-SURVEYORS*PLANNERS PO BOX20669 F~:<540) 7~2-944S EX}rIRIT B ADJACENT PROPERTY TO WAREHOUSE 315 4022102 Roanoke Fruit & Produce NAJJUM WILLLLAM P 98 NAJJUM LN ROANOKE VA 24019 4022201 (Warehouse behind) SEWELL STEPHEN H JR 5216 ARCHER DR ROANOKE VA 24014 4021915 COSMO HOLD1NGS LLC PO BOX 20891 ROANOKE VA 24018 4020920 (JG Hopkins) TABOR JAMES J JR P O BOX 12461 ROANOKE VA 24025 4030202 Excel Prosthetics WALTERS LLC 115 ALBEMARLE AV SE ROANOKE VA 24013 4021506 128 ALBEMARLE AV SE RIVERV1EW NURSING HOME INC 200 MERRIMAN LANE MONETA VA 24121 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times .................................................. DONALD L. WETHERINGTON, P O BOX 678 5 S ROANOKE ST FINCASTLE VA 24090 PLC REFERENCE: 80129056 06242659 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~. Sworn and subscribed before me this __~_~day of June 2005. Witness my hand an off~l seal. /' ~ ~/~Q ~ /~' /- " tar P y ublic PUBLYSHED ON: 06/03 06/10 TOTAL COST: FILED ON: 273.24 06/10/05 TO MIOM IT MAY ¢OIICEI~. , Pursuant to the provisions of Article VII of Chapter 36,1, Cede of the C~ty of Roanoke 1979), as amended, the Council of the City of Roanoke will ttold a Public Hearing on Mm~day, JUne 20, 2005, at 7:00 p.m., In the NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, June 20, 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 ofrezoning from HM, Heavy Manufacturing District, to C-3, Central Business District, the following property: That property located at 315 Albemarle Avenue, S.E., identified as Official Tax Nos. 4022101 and 4022104. 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, June 16, 2005. GIVEN under my hand this 27 th day of lqay ,2005. Mary F. Parker, City Clerk. K:/NOTICES/N KEZO-WAKEItOUSE 315 LLC 062005 DOC Notice to Publisher: Publish in the Roanoke Times on Friday, June 3, 2005, and Friday, June 10, 2005. Send affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2541 Send bill to: Donald L. Wetherington, Attorney P. O. Box 678 Fincastle, Virginia 24090 (540) 473-2220 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fox: (540) 853-1145 E-mail: clcrk@ci.roanok¢.va.us June 2, 2005 File #51 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Donald L. Wetherington, Attorney P. O. Box 678 Fincastle, Virginia 24090 Dear Mr. Wetherington: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, June 20, 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 Warehouse 315 LLC, to rezone properties located at 315 Albemarle Avenue, S. £., identified as Official Tax Nos. 4022101 and 4022104, from HM, Heavy Manufacturing District, to C-3, Central Business District. 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 the 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 June 20 public hearing. Failure to appear could result in a deferral of the matter until a later date. MFP:ew Enclosure Sincerely, Mary F. Parker, CMC City Clerk KSPublic Hearingsh°ublic Hearings 2005~/un 05~Attorneys and Adjoining Property Owners.doc MARY F. PARKER, CMC City Clerk CITY OF ROANOI E OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk(~ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk June 2,2005 File #424 Stephen H. Sewell, Jr. Cosmo Holdings, LLC William P. Najjum Southeast Action Forum Dear Ladies and Gentlemen: James J. Tabor, Jr. Walters, LLC Riverview Nursing Home, Inc. Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, :198:1, I have advertised a public hearing for Monday, June 20, 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 proposal of Warehouse 315 LLC, to rezone properties located at 315 Albemarle Avenue, S. E., identified as Official Tax Nos. 4022101 and 4022104, from HM, Heavy Manufacturing District, to C-3, Central Business District. If you would like to receive a copy of the report of the City Planning Commission, please call the City Clerk's Office at 540-853-2541. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew K:~Public Heafings~Public Hearings 2005Uun 05~Aaorneys and Adjoining Propert3/Owns.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, May 19, 2005 at ~ :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 Warehouse 315, LLC, represented by Donald L. Wetherington, attorney, that property located at 315 Albemarle Avenue, S.E., identified as Official Tax Nos. 4022101 and 4022104, be rezoned from HM, Heavy Manufacturing District, to C-3, Central Business District. A copy of the said petition 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, May 3 and 10, 2005. Please bill: Donald L. Wetherington Donald L. Wetherington, PLC 5 South Roanoke Street P O Box 678 Fincastle, VA 24090 (540) 473-2220 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 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: Warehouse 315 LLC, 315 Albemarle Avenue, S.E., Official ) Tax Nos. 4022101 and 4022104, from HM to C-3 )AFFIDAVIT COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Mar[ha 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 25th day of April, 2005, notices of a public hearing to be held on the 19th day of May, 2005, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Tax No. Name Address 4022102 William P. Najjum 98 Najjum Lane Roanoke, VA 24019 4022201 Stephen H. Sewell, Jr. 5216 Archer Drive Roanoke, VA 24014 4021915 Cosmo Holdings, LLC P O Box 20891 Roanoke, VA 24018 4020920 James J. Tabor, Jr. P O Box 12461 Roanoke, VA 24025 4021506 Riverview Nursing Home, Inc. 200 Merriman Lane Moneta, VA 24121 4030213 Walters, LLC 115 Albemarle Avenue, SE Roanoke, VA 24013 Also mailed to: Richard Nichols, President, SEAF Mar[ha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 25th day of April, 2005. 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, Virginia 24011-1536 Telcphoae: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ ci.roanoke.va.us April 6, 2005 File #5! STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Richard A. Rife, Chair City Planning Commission 1326 Grandin Road, S. W. Roanoke, Virginia 24015 Dear Mr. Rife: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition received in the City Clerk's Office on April 6, 2005, from Donald L. Wetherington, Attorney, representing Warehouse 315 LLC, requesting that a tract of land containing 1.046 acre, located at 315 Albemarle Avenue, S. E., identified as Official Tax No. 4022101 and 4022104, be rezoned from HM, Heavy Manufacturing District, to C-3, Central Business District. Mary F. Parker, CMC City Clerk MFP:ew Enclosures pc: The Honorable Mayor and Members of the Roanoke City Council Donald L Wetherington, Attorney, P. O. Box 678, Fincastle, Virginia 24090 Susan S. Lower, Director, Real Estate Valuation Martha P. Franklin, Secretary, City Planning Commission Philip C. $chirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney DONALD L. WETHERINGTON A'ITORNEY & COUNSELOR 5 S. ROANOK[ SIREET · P.O. BOX 678 · FINCASlLE,VA 2409° - iH 54cO.4c73.2220 · E~-X 54:0473.2230 · don~donwetherington.com April 6, 2005 HAND DELIVERED Mary F. Parker, CMC, City Clerk City of Roanoke Noel C. Taylor Municipal Building Room 456 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 Re: Petition to Rezone Tax Map Numbers: 4022101 and 4022104 Dear Ms. Parker: Enclosed are an original and one copy of a Petition to Rezone property located at 315 Albermarle Avenue, SE. We have obtained the voucher for fees from the Department of Planning Building and Development and enclose this voucher and our check in the amount of $950 to file the petition. Please stamp the copy "Filed" and return it to me in the enclosed self- addressed envelope. Thank you for your assistance and please let me know if you need further information. Enclosures 417705 MaryParker.doc~sak Sincerely, Donald L. Wetherington ~/t 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 June 27, 2005 File #165 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk 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. 37103-062005 approving the Hollins/Wildwood Neighborhood Plan, and amending Vision 2001 - 2020, the City's Comprehensive Plan to include the Hollins/Wildwood Neighborhood Plan. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 20, 2005, and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon, CMC Deputy City Clerk SMM:ew Enclosure pc: Robert A. Clement, Jr., Neighborhood Services Coordinator, Neighborhood Partnership Rick Henderick, Chair, Hollins Road North Civic League, 933 Missouri Avenue, N. E., Roanoke, Virginia 24012 Phil McDermott, Chair, Wildwood Civic League, 2712 Dell' Avenue, N. E., Roanoke, Virginia 24012 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 20th day of June, 2005. No. 37103-062005. AN ORDINANCE approving the Hollins/Wildwood Neighborhood Plan, and amending Vision 2001 2020, the City's Comprehensive Plan, to include the Hollins/Wildwood Neighborhood Plan; and dispensing with the second reading of this ordinance by title. WHEREAS, the Hollins/Wildwood Neighborhood Plan (the "Plan") was presented to the Planning Commission; WHEREAS, the Planning Commission held a public hearing on May 19, 2005, and recommended adoption of the Plan and amending Vision 2001 - 2020, the City's Comprehensive Plan (the "Comprehensive Plan"), to include such Plan; and WHEREAS, in accordance with the provisions of {}15.2-2204, Code of Virginia (1950), as amended, a public hearing on the proposed Plan was held before this Council on Monday, June 20, 2005, 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 HollinsAVildwood Neighborhood Plan and amends Vision 2001- 2020, the City's Comprehensive Plan, to include the Hollins/ Wildwood Neighborhood Plan as an element thereof. 2. That the City Clerk is directed to forthwith transmit attested copies of this ordinance to the City Planning Commission. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: CITY 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 June 20, 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 to amend Vision 2001-2020, the City's comprehensive plan, to include the Hollins/Wildwood Area Plan Planning Commission Action: Planning Commission public hearing was held on May 19, 2005. By a vote of 6- 0 (Mr. Butler absent), the Commission recommended City Council adopt the Hollins/Wildwood Area Plan as a component of Vision 2OO1-2020. Background: The area included in this plan encompasses five neighborhoods in the northeast portion of the City: East Gate, Hollins, Mecca Gardens, Monterey and Wildwood. This large area is being combined to create a unified area plan because two neighborhood organizations represent virtually all of the area and, historic:ally, this part of the City has evolved in a similar fashion and is today confronted by the same general issues. Most of the land in the area was annexed by the City from Roanoke County in 1976. Since then, commercial and industrial development has outpaced residential growth. The residential neighborhoods are of a Iow density and are suburban by design. This suburban development pattern makes the area more difficult and costly to serve. The area has a Iow population yet has one of the most congested streets, Orange Avenue, in the City. Two public workshops were held in summer 2004, and a meeting to review the first draft of the plan was held in April, 2005. Considerations: During the workshops several positive features of the area were cited that need to be maintained: · Homes and infrastructure in good condition · Healthy mix of owner and renter occupied homes, and a range of housing options · Quiet, private character of residential areas · Strong neighborhood organization · Proximity to commercial services, economically the area is healthy overall · Low crime rate Staff noted the following issues in the plan that need to be addressed: · Lack of general infrastructure in residential neighborhoods · Imbalance of residential versus commercial and industrial property · The Orange Avenue corridor and all adjoining arterial streets are crowded and affect the qualify of life in the area · Sub-par property maintenance problems are increasing To address these issues, the plan features the following priority recommendations: Infrastructure: Create capital improvement projects for the following: 1.)Sewer connections: Coordinate with residents and the Western Virginia Water Authority to install service for properties that currently have septic systems. City funds should supplement or cover the residents' portion of the cost. Th is is the top priority of this plan. 2.) Curb, gutter, and sidewalk installation: Address these improvements based on the Infrastructure Improvements map with the following considerations: · Install curb, gutter and sidewalk on arterial streets and infill of blocks with incomplete networks. · New subdivisions - all new developments will have curb and gutter, and sidewalk. · In select residential areas, install curb and gutter depending on existing drainage conditions. · Focus improvements in areas that have been identified as having storm water problems. Transportation: Address the Orange Avenue corridor and all adjoining arterial streets collectively, and base future improvements accordingly. Consider widening Orange Avenue to six lanes only as a last resort. · Code Enforcement: Increase canvassing in the area, particularly in the Hollins neighborhood. Residential Development: Encourage new development per the Future Land Use map and in select areas, consider rezoning for residential development rather than commercial or industrial. Mr. Chrisman asked how the plan addresses future improvements to Orange Avenue. Mr. Scholz also asked how much flexibility the plan would give the Metropolitan Planning Organization in regards to Orange Avenue. Staff replied to both questions that the intent of the plan is to be flexible and address Orange Avenue and the adjoining arterial streets collectively as a corridor and explore all alternatives, with widening Orange Avenue as a last resort. Mr. Williams said that the current VDOT long-range plan to widen Orange Avenue would require half of the City's 20-year VDOT budget allocation. Mr. Williams further stated that it was decided in the planning process of the Long -Range Transportation Plan that a study would be conducted by City staff to determine if alternate connections would alleviate traffic congestion on Orange Avenue. Mr. Williams asked staff to explain the "mixed residential" category of the future land use map. Staff informed him that this designation was in reference to some of the language in the plan pertaining to housing clusters. In some cases, staff explained, areas would be zoned residentially, but would have the potential for denser development through a rezoning petition. Mr. Williams asked if this was similar to a PUD (Planned Unit Development). Staff replied that it was. Mr. Williams noted that there were concerns from citizens regarding preservation of open space and new development, and that if the area has to develop it should be in a similar fashion to neighborhoods like Raleigh Court. Mr. Townsend said that housing clusters would allow PUD type development, with denser development and the preservation of open space. Staff said that language had been added to the plan since the Planning Commission workshop on May 6 per the Commission's request. The language added states that any potential housing developments will need to provide adequate infrastructure, including improvements to address traffic impacts. Recommendation: By a vote of 6-0, the Planning Commission recommends approval of the Hollins/Wildwood Area Plan for adoption as a component of Vision 2OO1-2020. 3 Respectfully submitted, Richard A. Rife, Chairrr~n City Planning Commission cc: Darlene L. Burcham, City Manager Steven J. Talevi, Assistant City Attorney 4 Hollins/Wildwood City Cotmcil Draft IAREAPLAN ROANOKE VIRGINIA Contents: Introduction 1 Cornmunity Design 6 Residential Development 11 Economic Development 18 Infrastructure 25 Public Services 35 Quality of Life 37 Recommendations 40 Implementation 48 May 19, 2005 vision Planning Building & Development © & · 2003 City of Roanoke 215 Church Avenue, SW Roanoke, VA 24011 Introduction 3[he area included in this plan encompasses five neighborhoods in the noitheast portion of the City: East Gate, Hollins, Mecca Gardens, Monterey and Wildwood. This large area is being combined to create a unified area plan because two neighborhood organizations mpresem virtually all of the ama and, historically, this part of the City has evolved in a similar fashion and is today confronted by the same general issues. Most of the land in Hollins~eVildwood was annexed by the City from Roanoke County in 1976. Much of the land was still rural prior to that time, bm also included several subdivisions. Since then, commemial developmem on Orange Avenue (Route 460) has grown and now encompasses the entire stretch with a few exceptions. Some of the City's large manufacturing establishments are in this area, including the Roanoke Centre for Industry and Technology located off Orange Avenue. In addition, a large amount of the land is dedicated to recreational and agricultural uses. Recently, several new single-family subdivisions have been developed as the area continues to grow at a gradual, steady pace. Despite the great amount of commercial development and traffic, most residents describe their neighborhood as quiet and removed from the urban environment of the City. Priority Initiatives Infrastructure: Create capital improvement projects for the following: 1.) Sewer connections: Coordinate with residents and the Western Virginia Water AuthofiW to install service for properties that currently have septic systems. City funds should supplement or cover the residents' portion of the cost. This is the top priority of this plan. 2.) Curb, gutter, and sidewalk installation: Address these improvements with the following considerations: Install curb, gutter and sidewalk on arterial streets and infill of blocks with incomplete networks. · New subdivisions - all new developments will have curb and gutter, and sidewalk. In select residential areas, install crab and gutter depending on existing drainage conditions. Focus improvements in areas that have been identified as having storm water problems. Transportation: Address the Orange Avenue corridor and all adjoining arterial streets collectively, and base future improvements accordingly. Consider widening Orange Avenue to six lanes only as a last resort. Code Enforcement: Increase canvassing in the area, particularly in the Hollins neighborhood. Residential Development: Encourage new development perthe Future Land Use map and, in certain undeveloped areas, consider rezoning for residential development rather than commercial or industrial. People The population of the area has grown in recent years, both in terms of the overall number of residents and households (7% and 17% respectively between 1990 and 2000). The population growth indicates smaller household sizes, which is a national demographic trencL The area has become slightly more racially diverse in recent years as the City has overall. However, Hollins/Wildwood continues to be predominantly white, with white residents comprising 87% of the population. The age distribution of the area's population has seen some noteworthy changes over the last decade. Over the last two Census counts, there were in- creases in the number of people 35 years of age and older, while the number of children and teenagers decreased. There was also a slight decline in the young adult category of ages 20 - 34. However, as Table 2 shows, the area still has proportionally more children, teenagers and young adults and fewer senior citizens when compared to the age dislribution citywide. The proportion of young adults is comparable to that of the City as a whole. The age distribution indicates a fairly stable population which is less transient than in other parts of the City. Also, recent housing development may have attracted more people in the over 35 age brackets. 1990 Total Population ~ 6.950 i Households ~ 2.756 White ~- 6,439 Black 456 Other Races 55 Two or more races ~ n/a 0-19 Years Old 2,010 20-34 Years Old ~i 2,020 35-64 Years Old ~ 2,219 65 Years and Over ~ 701 Percentage 2000 Change 7,468 7% 3,227 17% 6,524 I% 637 40% 307 458% 117 n/a 1,904 -5% 1,999 -1% 2,772 25% 793 13% Source: U.S. Census Bureau, 1990 and 2000 Census Persons ~ Percentage ~ -- 26% 20-34 ~ g Persons ~ Percentage 23,455 25% 20,146 21% 35,750 38% 15,560 16% 94,911 100% The educational attainment of residents in the area is comparable to the City as a whole. The area has a wide distribution of income. While there are propor- tionally more residents in the low-income category, there are noticeably more residents in the upper middle brackets when compared to the City as a whole. Education i City of Level Total il Percentage ~ Roanoke Avg. Lessthan High School High School Some College Associate's Degree Bachelor's Degree ! Gmduateor Professional Total 1,338 1,798 950 372 363 178 4,999 27% 24% 36% 30% 19% 21% 7% 6% 7% 12% 4% 00% 7% 100% Source: U.S. Census Bureau, 2000 Census 4 $15,000- $24,999 $25,000-$34,999 $35,000- $49,999 $50,000- $99,999 $100,000 + To~I 546 ' 17% 495 15% 618 19% 903 28% 67 2% 3,216 100% Source: U.S. Census Bureau, Census 2000 Summary File 3 (Data based on Sample) 22.7% 17.8% 16.1% 17.1% 21.3% 5.0% 100% Neighborhood Organization There are two neighborhood organizations that represent virtually all of the area: Hollins Road North and the Wildwood Civic League. Hollins Road North is a loosely organized and less formal organization. Its members continue to meet as a means of networking and communicating about neighborhood issues, but the neighborhood has not faced any galvanizing issues in recent years. The Wildwood Civic League covers most of the area outside of the Hollins Road neighborhood, and is an active neighborhood orgamza_tion that meets monthly and regularly submits comments to City officials regarding ~mtters in the neighborhood. Established in 1934, the Civic League is one of the oldest in the Roanoke Valley. Community Design Over the course of the neighborhoods' development, the area has undergone a gradual transition from a mml to a suburban landscape. Suburban development is characterized by an orientation to the automobile, wide streets that enable higher traffic speeds, subdivisions of large single-family houses with large front, back, and side yards, and shopping centers and strip commercial establishments with large parking lots in front. Development has increased since the area was annexed by the City, but it has not increased the density of the population significantly, as the bulk of the growth has been commercial. The majority of development occurred after World War II, yet several single-family subdivisions already existet[ The City acquired land from Roanoke County through annexation that was already developed or subdivided with single-family houses on large lots. Many of the older subdivisions feature smaller lots, often appmximately 5,000 square feet, which are not unlike many older neighborhoods in the City. More recent residential and commercial development has been on larger lots and has contributed to the low population density and automobile orientation, both attributes of suburban sprawl. The tmdulating terrain of the neighborhoods contributes to the rural character that many residents have cited as one of the greatest attributes of the area. The majority oftbe residential streets do not have a defined shoulder, curb, gutter or sidewalk. Drainage ditches are found on many streets as a means &channeling stormwater. Several newer subdivisions, such as those below Read Mountain, have curb and gutter per the requirements of the subdivision ordinance. Most of the older residential streets are narrow, between 20 - 25 feet, while more recently developed residential streets are between 30 - 35 feet. Most houses have driveways and parking areas accessible from the street. Some semblance of a grid street pattem remains from the early development off of Hollins Road and the Wildwood neighborhood, which is south of Orange Avenue and west of Gus Nicks Boulevard. Otherwise, the street pattern is defined by rural arterial streets and suburban neighborhood streets, with quite a few cul-de-sacs and dead ends. Most of the alleys are 'paper or unimproved, with the exception ora cluster of several streets in the southwestern portion of the area. Paper alleys can be peri- tioned for vacation to City Conncil by adjoining property owners Houses tend to be uniformly set back fi'om the street, but distances vary widely from block to block. A vast majority of the houses in the area are modest and one-stow. The most common architectural styles are Ranch and Minimal Traditional. The older neighborhoods tend to have smaller lots and less yard space, yet the area has always had a considerable range of lot sizes, many of which have large 6 amounts of green space. Many of the larger homes are in the more recent subdivi- sions, such as Pinnacle Ridge and the Read Mountain area. These subdivisions feature some of the newest construction in Roanoke and offer single-family homes with exceptional mountain views. Commercial and industrial development accounts for a great portion, approxi- mately 37%, of the area's total land mass. Orange Avenue is a four-lane arterial commercial corridor. Most buildings are set back from the street with parking lots in the front, accessed by wide curb cuts. In addition to the many commercial services on Orange Avenue, it also provides access for a number of larger indus- trial developments, including the Roanoke Centre for Industry and Technology (RCIT). Vision 2001-2020 recommends that commercial corridors such as Orange Avenue feature development with buildings on or close to the property line in front, with parking to the rear or side. Hollins Road is a two-lane arterial street that serves a number of industrial establishments. Industrial development is scattered between the railroad tracks to the west and along Hollins Road. Despite the industrial development, there is still considerable residential development on Hollins Road and on streets accessed from it. Zoning and Land Use The Hollins/Wildwood area has a wide army of land uses: · Earlier development in the neighborhoods of East Gate, Wildwood and Mecca Gardens - The development of single-family subdivisions in these neighborhoods gradually increased through the 20th Century. Apartment complexes and duplexes were developed later. Hollins Road - By the end of the Great Depression, Hollins Road was the ma'm thoroughfare for several fmgle-family subdivisions. Industrial develop ment occurred in the 1950s and 60s on and between Hollins Road and the railroad tracks, and remains today. Recent Single-family Subdivisions: Read Mountain area and Pinnacle Ridge Road Blue Hills and Ole Monterey Golf Courses - These two golf course/country clubs span over 386 acres in the northeast portion of the planning area. Orange Avenue commercial corridor - Orange Avenue is a major arterial street in the Roanoke Valley and has a vast amount of commercial services. · Roanoke Centre for Industry and Technology (RCIT) - RCIT is the City's largest industrial complex. It is located off&Orange Avenue and is home to 11 companies. · Statesman Industrial Park - Statesman Industrial Park is just southwest of RCIT. It is accessed via Granby Street and Siebel Drive offofOrange Avenue. · Industrial districts along the railroad - Norfolk Southem railroad tracks border the area on the south and west. Industrial development lies along both of these track segments. Community Design Issues · Lack of integration between different uses and neighborhoods Encroachment of commercial uses into neighborhoods · Overabundance ofundemsed pavement Disconnected street system, especially north of Orange Avenue 8 RS-3 Roanoke County Vlnton 10 Residential Development Hollins/Wildwood has a fairly stable housing stock with some of the newest construction in the City. There are some code enforcement issues in the neighbor- hood, but overall most of the violations do not pertain to building maintenance. Homeownership is high among single-family homes, and recent development near Read Mountain and off of Belle Avenue is adding more homeowners. Hollins/Wildwood has seen a gradual and steady increase in honsing through the last century, which continues today. Most of the remaining large tracts of vacant land are slated for industrial development; however a number of vacant residential lots have development potential. In many cases lots have remained vacant due to the topography. Particularly in the East Gate neighborhood, many small lots have slopes with a high degree of variation. Some of these lots also pose geological challenges, such as extensive rock near the surface. Year: 1990 2000 ! Percentage Roanoke (lotalUni~s) : (818) (808) : Change 'Pct. Change Occupied Housing · Units 2,756 3,227 17% Vacant Housing Units 119 166 39% Vacancy Rate , 4% 5% 1% Owner Occupied 1,671 1,374 I I% RenterOccupied 1,085 57% 27% Source: U.S. Census Bureau: 1990 Census, 2000 Census 2% -3% -I% 2% 3% Residents cited the value of their homes as one of the area's greatest assets. While most of the houses are smaller, the value per square foot is higher than in many areas of the City that feature larger homes. The recent subdivisions in Pinnacle Ridge and below Read Mountain have diversified the housing options by adding larger and higher end units. Pinnacle Ridge is next to the northeastem most corporate line of the City off of Belle Avenue. It features steel framed houses with Styrofoam insulation, an innovative new construction method that is designed to increase energy efficiency. At the time of the planning process, development of more homes was anderway in Pinnacle Ridge. 11 Over the last 10 years a number of homes have been constmcted below Read Mountain in two subdivisions, Read Mountain North (which includes the neigh- borhoods of Monterey Estates and Saint Johnsberry Court) and Read Mountain Estates. Old Mountain Road is the main arterial street to the Read Mountain North subdivision, which includes houses offofNelms Lane, Horseman Drive, and Golfview Drive. Player Drive is the main access for Read Mountain Estates, with houses off of Meadow Crossing Lane, Pine Glen and Westvale Roads. At the time of the planning process, 110 houses were finished in Read Mountain North and 125 in Read Mountain Estates, with development of more homes underway. The neighborhoods are primarily comprised of single-funfily houses, with some scattered duplexes. In addition, several apartment complexes have been built since the 1970s. The two newest complexes, Glade Creek and Hickory Woods, are right next to one another between King Street and Orange Avenue. They are managed by the same company and together combine for 464 traits. Tinker Creek Manor Apartments on Tinker Drive off of 20th Street contains 100 units with rents based on each tenant's income. The Bluestone housing development on Bluestone Avenue in the Hollins neighborhood is owned and operated by the Roanoke Redevelopment and Housing Authority. The development features apamnent buildings and duplexes, and totals 72 units. While the increase in apartment units in recent years has decreased the overall rate of homenwnership, it has at the same time provided more housing options. The apartments in the area are for the most part well maintained. Residents cited isolated code enforcement problems in the area, but did not single out any of the apartment complexes. Development of multifamily housing, whether by apartment units or duplexes, is well suited for Orange Avenue to support the commercial uses there, and to keep commercial property values high by keeping the market from being saturated with too much commercial zoning. A major concem voiced by residents was the preservation of their neighbor- hoods in relation to the natnral environment that surrounds them. Many residents describe their neighborhood as quaint, private and peacefully isolated from the City, yet with the convenience of the City not far away. Residents fear that new development, residential and commemial, threatens their quality of life. With limited land resources, the City must encourage efficient development pattems that maximize the potential of the land~ Vision 2001-2020 discourages new suburban- style development in favor of traditional urban development pattems. However, established neighborhoods can and should be maintained in a development pattern akin to their origin. 12 Residential Development Opportunities Housing Clusters There are several large tracts of vacant land in the area that have development potential. As noted earlier, the growth nfthe area over the last few decades has been overwhelmingly commercial. Since commercial development has been the source of growth in recent years and contributes more to traffic congestion, residential growth would better serve the area than additional commercial or industrial development. Since commercial development has been the source of growth in recent years and contributed to traffic congestion, most remaining vacant land in the area should be zoned for residential development. Vision 2001-2020 encourages "housing clusters" on large sites. Housing clusters are market-rote developments that consist ora mixture of single-family, duplex, and townhouses. With most of the City's parcels already developed, or "ouilt out,' vacant or underatilized land is at a premium. New developments need to maximize the use of the land and preserve the natural environment as much as possible. Cluster development is ideal for large sites as it allows for greater densities while still maintaining some green space that benefits all residents. Design features of housing clusters include: Traditional neighborhood design; houses should be oriented close to the street (less than 20 feet) and to each other. Houses have minimal setback distance from the street, and parking should be on-street, or to the rear or side of the house. Traditional neighborhood streets; pavement widths need only be between 22- 30 feet, and lined with trees, curb, gutter and sidewalk. · Green space; approximately 20% of the development should be preserved either as natural forest or a landscaped buffer. Stormwater management; retention or detention ponds should be incorporated into the development without detracting from the aesthetic quality of the natural environment. Several sites could be potential housing cluster developments. ~e City should consider residential development on these sites, only ifa detailed plan were created that conforms to the design guidelines of Vision 2001-2020, the City's comprehen- sive plan, and the goals of the forthcoming Strategic Housing Plan. Such a plan would be required to maximize the number of units, limit parking and impervious surfaces, and preserve green space. 13 The following sites should be considered for futura housing cluster development: Ole Monterey GoffCourse This property is designated in the Future Land Use Plan as Recreation and Open Space and should be zoned as such as part of the new zoning ordinance. Residents like the course's presence as it maintains green space that contributes to the quality of life in the area. Residents expressed a desire to see Ole Monterey remare, and if it were to be sold that it continue as a golf course. While this site could continue indefinitely as a golf course, it is identified for potential develop- ment opportunities in the event that a land use change is initiated by the owner. Increased competition from regional golf courses combined with the location and lack of vacant land in the City, increases the likelihood that the Ole Monterey properties may not be viable long-term as a golf course. The pmperty could support new residential development either in place of, or in conjunction with, the golf course. Development, if it occurs at all, should be orderly and planned rather than through incremental, piecemeal subdivisions along the periphery of the courses. If development of the property occurs, it should be as a cohesive, planned development. One potential obstacle to further developing this site is the limited access. The golf course is accessed via a private drive off the dead end of Tinker Creek Road. Tinker Creek Road is accessed from Old Mountain Road, which is offof Hollins Road. A bridge on Old Mountain Road over Tinker Creek is at the signalized intersection with Hollins Road. Both streets have two lanes, and the bridge would make any intersection improvements difficult and costly to engineer. Given the additional traffic demand would result from development of this site, any prospective development would need to consider access improvements. The site could be accessed from Monterey Road fi'om the north, Old Mountain Road from the west and Tinker Creek Road from the south. This portion of Tinker Creek Road is in the 100-year flood plain, which could present problems if it were the only point of access. A traffic study by a prospective developer and an evalua- tion by City Transportation Division staff would likely be necessary to determine the best course of action. 14 Wildwood and Mecca Gardens Neighborhoods (King Street Corridor) Parcels on King Street between Gus Nicks Boulevard and Orange Avenue tend to be larger, most arc over 10,000 square feet and a considerable number are over 20,000. Most oftbesc large lots are single-family residences and offer ample subdivision opportunities. Some of the City's last vacant developable land is on or near King Street. East and south of Virginia Transformer in the nortbeastem comer oftbe City, several vacant parcels on the north side of the railroad tracks. ~I]~is area is hilly, pristine and nLral in character. It stretches to thc northeast below the Pinnacle Ridge subdivision. Topography and access issues will make this land somewhat difficult to develop. Portions of this area are also within the 100 year flood plain. The best possible development on these pamels would be of a low impact and sensitive to the surrounding environment. Its current Light Manufacturing (LM) zoning is inappropriate because it would allow for a far more intensive develop- ment than for which the land is suited. The parcels in this area are designated for single-family use on the Future Land Use Map. However, small housing clusters are possible on some of these parcels. By developing this land with housing clusters, more open space can be preserved. In addition, any design should avoid development in the flood plain and provide adequate access that would minimize traffic impacts on the existing street network. Orange and Daleton Avenues From the north side of Orange Avenue between 24th and Granby Street, to the south side of Daleton Avenue, there are 9 parcels that span over 41 acres with only 5 houses. The best point of access to most of them is from Daleton Avenue offof 24th Street and uphill from Orange Avenue. This land is proposed for "mixed residential" in the future land use map. While the topography poses development challenges to this land, it could be developed at a much higher density while still preserving green space as a natural buffer along Orange Avenue. East Gate Neighborhood Below East Gate Park and the north side of Orange Avenue between 13th and 20th Streets are a large number of vacant lots. This includes parcels on Archbold, Orange, Sunset, Vamell, and Yeager Avenues. These parcels have likely remained vacant due to topographical and geological challenges on the rocky and hilly terrain. Most of them are approximately 5,000 square feet, which also makes grading less economically viable unless they can be combined with others. 15 Residential Development Issues Encroachment of commercial uses into neighborhoods · Resident opposition to higher density development Increasing property maintenance violations Development pressure leading to haphazard development patterns 16 Economic Development Orange Avenue Commercial establishments on Orange Avenue comprise a major contribution to the City's tax base. In addition, there is a great deal of industrial development in Hollins/Wildwood, and a large portion of the area is in a state Enterprise Zone. Enterprise Zones offer incentives to businesses operating within them. There are a number of vacant lots on Orange Avenue, however many are too small by themselves for most commercial uses. An abundance of commereial zoning can impact the market negatively, as increasing the supply lowers the value. For the most part the commercial development on Orange Avenue has not undergone the generational changes and cycles that other areas have, e.g. Williamson Road, that lead to neglect and disinvestment once establishments close. In such cases where commercial zoning, vacant lots, and vacant buildings are aplenty, market tendencies are to develop the vacant commercial land rather than recycle undemsed sites. This exacerbates the cycle that leaves existing commercial structures vacant to deteriorate, o~en spreading more blight in the area as adjacent properties become less attractive for investment in the process. Residents stated that existing commercial properties should be redeveloped before vacant commercial land is. Maintaining a healthy balance of commercial and multifamily residential zoning on Orange Avenue will help to maintain the long- term viability of the corridoiJs commercial establishments. Therefore, some commercially zoned sites should be considered for residential zoning classifica- tions, particularly where the property is vacant or has a residential use. 17 Roanoke Centre for Industry and Technology (RCIT) Created in 1983, the Roanoke Centre for Industry and Technology (RCIT) is a 440 acre, City-developed industrial complex located just minutes from Interstates 581 and 81. The RCIT land was acquired and is marketed by the City. Individual parcels are sold to companies for use. Companies that wish to purchase property at RCIT must create 10 jobs per acre or generate $7,500 per acre in new revenue. In addition, a number of restrictive covenants are in efl~ct. Recognizing further economic potential of the site, City Council authorized the purchase of an additional 140 acres in 1990. At present, nine sites in the park are occupied by 12 comPames, leaving approximately 130 acres for additional development. Four new sites have been graded and are ready for development. Since its inception, there have been 8 expansions within RCIT. Over $122 million has been invested by private companies who currently employ over 4,350 people. All of the properties in RCIT have deed restrictions that regulate their devel- opment. Deed restrictions are legal restrictions between private property owners and are not enforced by govemment entities, however since the City is the grantor of property within RCIT, it is the enforcer of deed restrictions on these properties. The RCIT deed restrictions have fostered a suburban development pattem. While suburban style development was favored at the time of its development, today the City realizes that land is a scarce resource and development regulations should at the least be flexible enough to permit more urban scale development. Blue Hills Drive, the park's main access street, is exceedingly wide with four lanes and 50 feet of pavement. It is slated to be extended 3500 feet further to the southwest, allowing for access to a 73 acre parcel. Deed restrictions on the properties within RCIT dictate that all access is from Blue Hills Drive and no connections will be made to any neighborhood streets. While plans have been established for the extension of Blue Hills Drive, any other future development of streets in the park should be in conformance with the design guidelines of Vision 2001-2020. As the grantor of the properties in RCIT, the City should revisit the deed restrictions in order to provide for more intensive development of the sites. The restrictions at present limit the lot coverage for each parcel to such a degree that the land is undemtilized. Vision 2001-2020 recom- mends that new industrial and commercial development is of an urban nature with little to no setbacks from the street, a high percentage of lot coverage, and parking to the rear or side of the building. 18 Statesman Industrial Park Statesman Industrial Park is home to over 50 business establishments, most of which are warehouse and heavy manufacturing uses. It is accessed via Granby Street and Siebel Drive off of Orange Avenue and is almost self-contained. It is set in a small grid street pattern with only one through street, Mary Linda Avenue, which is seldom used. Although street connectivity is an important Vision 2001- 2020 design guideline, lhe intensive and naturally invasive uses in the park are well served in its enclosed layout. Unlike RCIT, the parcels in Statesman are relatively small and donl have much open green space. In addition, the park's two main entrance roads and lack of signage make it indistinguishable frnm other uses on Orange Avenue. Overall, Statesman Industrial Park is a well utilized industrial complex that contributes to the City's tax base while having only a minimal impact on its surroundings. Railroad Track Industrial Districts In addition to RCIT there are several older industrial districts in Hollins/Wild- wood. Past zoning philosophy was to zone all land adjoining or near railroad tracks for industrial use. Railroad tracks border the area on the south and west. Hollirls Road has concentrations of industrial development on its northern and southem ends. Most of the development is on the western side of Hollins Road and abuts the railroad tracks; however there is a mixture of commercial and industrial uses on the southeastern side closer to Orange Avenue. The industrial uses on the nonhem end of Hollins Road are on large sites well situated to the street with offices in the front and the more intensive parts of their operations to the rear abutting the railroad tracks. The topography helps buffer these uses from the neighborhood, as they sit atop a hill that slopes downward to Hollins Road. Most of the uses on the southern end are on smaller lots and are situated closer to the street. The topography is flat~er on this end of Hollins Road and industhal properties are closer to residences. Eleventh Street features a number of industrial uses from Orange Avenue to its dead-end near Missouri Avenue. Most of these operations are warehouse and tracking establishments. Part of the Hollins neighborhood is sandwiched between the industrial uses on 1 lth Street and Hollins Road. 19 Enterprise Zones An Enterprise Zone is a geographically defined area designated by the Govemor. The state and local government enter into a 20-year partnership to encourage business expansion and recruitment by offering both state and local incentives. Businesses locating within the boundaries of any Enterprise Zone may qualify for state or local incentives. The City has two enterprise zones and portions of both are in HollinsA~ildwood. Enterprise Zone One A encompasses 1,702 acres in the City, with a small portion in the southern end of the Hollins neighborhood. It will be in effect until December 31, 2023. Enterprise Zone Two includes much of the East Gate neigh- bothood, most of the industrial district in the Hollins neighborhood, RCIT, and Statesman Industrial Park. It will be in effect until December 31, 2015. A substantial number of properties within Enterprise Zone Two are currently residential. These properties in the Hollins and East Gate neighborhoods are proposed as residential on the future land use map. Inclusion of residential property in enterprise zones is commonplace, and should not be misconstrued as intent to replace residential with commercial development. Several enterprise zone incentives award employers for hiring employees that live within the zone. Taus, inclusion of residential properties increases the pool of workers for this benefit and may provide job oppommities for those residems. Four residentially-zoned parcels in Enterprise Zone Two have been identified for potential industrial use. To the southwest of Statesman IndusU'ial Park lies over 31 acres of vacant land that is currently zoned RS-3, Single-family Residential, High Density District. Access is the foremost concern with these properties. Three of the parcels are on Manning Road. The other is officially on Scott Road, although it doesn't have access available from Scott Road. To access it from Scott Road, an access easement would be necessary to cross an adjoining property owner's lot. However, this parcel also has access from Howard Avenue at its terminus, which is Ummproved for approximately 300 feet. Tae owner of these parcels (currently all are owned by the same person) currently has two options for access; improve Howard Avenue or combine all of the parcels and create one point of access offof Manning Road. Ideally, this site would be best accessed from Mary Linda Avenue or Granby Street if the owner could either obtain an access easement or buy the land needed from an adjoining owner. The future land use map designates these parcels as "Potential Industrial." Due to issues with access to the site, however, the zorfmg should remain residen- tial. This plan would support a future petition for a conditional rezoning to an industrial district where access issues are appropriately addressed. 20 21 Hollins Road Village Center Vision 2001-2020 recommends the creation of village centers. Village centers are centers in neighborhoods containing a mixture of higher density residential and neighborhood commemial uses, e.g. convenience stores and restaurants. They serve as the focus of neighborhood activity, and provide nearby residents with shopping options without leaving their neighborhood. Vision 2001-2020 identifies a village center at Hollins and Liberty Roads. intersection of Hollins and Liberty Roads is busy and is a good central point for neighborhood cominemial activity. While at present this area has some village center attributes, additional commercial establishments and streetscape improve- ments would enhance its identity and attract more people. Establishments have the potemial to serve the surrounding neighborhood and at the same time reap the benefit of the steady flow of traffic on Hollins Road. Streetscape improvements to this section of Hollins Road should be done in accordance with any future improvement projects. Storm water drainage is poor on Hollins Road, so the fa,st priority of any streetscape improvements would be to mitigate curt'em drainage problems. Long-range plans for Hollins Road are discussed in the Transportation section of the plan. Improvements to the village center should focus more on overall beautification than a change to the function of the street. Improvement strategies should address the following goals: Improve ovemll livability along the street Improve pedestrian safety Minimize disruption of the existing neighborhood Reduce speed - at least 85% of the traffic should travel at 30 m.p.h, or less Retain capacity to handle current and future volumes, while not inducing more traffic Keep commuter traffic off of side streets Ensure other thomughfmes carff their "fair share" of traffic 22 Streetseape and traffic-calming measures can respond to these goals. Follow- ing are some potential streetseape/traffic-calming tools that may be used along Hollins Road: · Planting large-species trees on both sides of the street. · Installing crab extensions at intersections and mid-blocks to reduce crossing distance for pedestrians. Marking pedestrian crossings with stamped asphalt or other material to create a change in color and texture. Painting the shoulder to reduce the apparent pavement width and keep traffic away from street trees. Lateral shifts in the travel lanes from one side of the street to the other. · Speedtables andraisedintersections A large-scale traffic calming pmject, such as the BullirdJamison comdor or Grandin Road, is not warranted for Hollins Road. Due to the existing traffic signal at Hollins and Liberty Roads, pedestrian improvements such as a stamped or raised asphalt crosswalk would benefit the village center with little negative impact on traffic flow. In addition, landscaping and signage would help its appearance and identity. Economic Development Issues: Undemsed commercial and industrial land Efficient use of industrial land Village center lacks identity 23 Infrastructure Transportation Orange Avenue Transportation is one of the m~ajor issoes affecting Hollinsgiqildwoad. Traffic volumes on the arterial streets in the area have long been high. There are currently four projects listed in the Roanoke Valley Long-Range Transportation Plan. These projects are not fully funded as of yet: · Orange Avenue - six lanes from 1 lth Street to Gus Nicks Boulevard. · 13th Street S.E./Hollins Road - four lanes with bike lanes from Dale Avenue to Orange Avenue, including a bridge over the railroad tracks. Preliminary engineering is underway. King Street - three lanes with bike lanes from Gus Nicks Boulevard to OrangeAvenue Plantation Road - four lanes from Liberty to Hollins Road Orange Avenue is a four-lane arterial street and is one of the City's most con- gested. Residents and business owners alike stated concerns with the level of congestion, and fear that it will get progressively worse. Several fairly recent factors contribute to the increase in traffic: · Increased commercial and industrial development on Orange Avenue Increases in population east of the City in Bedford and Botetourt Counties Increased employment and development in downtown The proposed widening of Orange Avenue to six lanes from 1 lth Street to Gus Nicks Boulevard conflicts with the goals of the comprehensive plan. The street design principles of Vision 2001-2020 state the need for streets to be capable of accommodating pedestxians and bicycles, and pavement kept to the minimum width necessary. Widening streets generally induces greater vehicle speeds and makes pedestrian crossings difficult and dangerous. In addition, widening streets tends to induce more traffic. City staff and VDOT are in the prelimin~try stages of studying possibilities for alternatives to widening Orange Avenue. While it's widely acknowledged that Orange Avenue is beyond its capacity for much of the business day, the source and destination of traffic on this corridor is still not fully understood. West of Williamson Road and 1-581, traffic on Orange Avenue/460W is considerably lighter in both directions. The juncture of Williamson Road and Orange Avenue is a major transportation hub. In addition to the high volumes of traffic on Williamson Road and 1-581, downtown is less than a mile to the south. Williamson Road is a major corridor and 581 is the Valley's only interstate highway. Both certainly receive traffic from Orange Avenue; however the volume 24 13th Street, S.E. and Hollins Road and direction oftbese trips is uncertain. To improve traffic flow and conditions on Orange Avenue, a comprehensive approach to the entire corridor needs to be taken. Most of the congestion occurs at the intersections with other arterial streets. The four aforementioned long-range VDOT projects are all heavily traveled streets that intersect Orange Avenue. Improvements to these streets or optknizing the function of these intersections may alleviate some congestion on Orange Avenue. Intersection improvements and the other long-range projects should be considered before undertaking a project to widen Orange Avenue. In addition, altemate connections should be considered given the poor connectivity of streets in areas parallel to the corridor. The VDOT Six Year Improvement Program includes a project to realign and widen 13th Street, S.E. and Hollins Road. The project is currently being evaluated by City and VDOT staff and preliminary engineering is underway. The current schedule and estimated costs are shown in Table 6 below: Phase 'reliminmy Engineering 'dght..o f-WayAcq uisition ]onstmction Estimated Cost $1,910,000 $5,400,000 $19,900,000 $27,210,000 Underway Fiscal Year 2007 Fiscal Year 2009 Source: Virginia Department of Transportation The project would widen 13th Street to four lanes from Orange to Dale Avenues including a bridge over the raikoad tracks and Lick Run. This would entail realigning 13th Street and Hollins Road to connect the two. ~ds realign- ment, combined with the bridge, would enable a direct route between two major arterial streets; Dale and Orange Avenues, which serve motorists heading to and fi'om the east. The most critical element is the bridge, which would provide a reliable connection as motorists would not have to wait for passing trains. At the time of the planning process, this project is entering the preliminary design stage and is the most likely to be constructed. However, further research by City and VDOT staffmay yield different conclusions or changes in the scope and design of the project as additional analysis and engineering study is undertaken. 25 ~he Roanoke Valley Long Range Transportation Plan calls for Hollins Road to be widened to four lanes with bike lanes from Orange Avenue to Liberty Road. This project has not been allocated any funding. Hollins Road is a two-lane minor arterial street. Industry is scattered along it with concentrations on the westem side. In between the industrial development, there are older residential subdivisions with healthy neighborhoods. The mix of land uses that are accessed from Hollins Road, and its connection to Orange Avenue, make it a problematic street to improve without sacrificing its historic character as an early suburban mad. If the 13th Street/Hollins Road project is constructed, it may seem logical to widen Hollins Road north of Orange Avenue. However, several factors should be carefully evaluated before this project even reaches the preliminary design stage. Considerations include: Widening streets generally devalues residential properties and at the same time increases their attractiveness for commercial or industrial development. As noted previously, there is an abundance of property in the area zoned for commercial and industrial use. · The current proposal would widen Hollins Road to four lanes only to Liberty Road. This could create a bottleneck north of Libe~vy Road that wouldn't occur if Hollins remains two lanes. Widening the entire length of Hollins Road would entail widening the bridge over the railroad tracks to Plantation Road, which would likely be cost prohibitive. The right-of-way width varies on Hollins Road. Additional right-of-way would likely need to be acquked for the project, making it more expensive and potentially requiting demolition of some structures. Sections of Hollins Road have been identified as storm water problem areas. Additional pavement will exacerbate the problem. Evaluation of the long range plan to widen Hollins Road should also be weighed against other street improvement projects in the area with the presumption that residential neighborhoods should be preserved as much as possible. 26 King Street King Street is a winding two-lane street that extends from a few blocks west of Gus Nicks Boulevard to Orange Avenue, both of which are heavily traveled four- lane arterial streets. King Street is busy at these intersections and it has fairly high traffic counts for a two-lane street. However, adding travel lanes to King Street would negatively impact the character oftbe street and its development pattern. The function of King Street has the potential to have a broad impact on the surrounding area. Any future impmvements to King Street that allow faster and easier access will induce development and bring additional traffic to Gus Nicks Boulevard and Orange Avenue. Parcels on King Street between Gus Nicks Boulevard and Orange Avenue tend to be larger, most are over 10,000 square feet and a considerable number are over 20,000. Most of these large lots are single- family residences and offer ample subdivision oppommities. The VDOT plan to add a center mm lane and bike lanes on each side from Gus Nicks Boulevard to Orange Avenue would make left tums much easier and the street more attractive for the development of apartments or single-family subdivisions. Some of the City's last vacant developable land is on or near King Street. If the current evaluation of the Orange Avenue m~d 13th Street/Hollins Road projects leads City and VDOT staffto believe that the King Street project is a high priority, then it could result in additional development. Consideration of any improvements to King Street should take into account the following: Additional development: vacant and undemsed land will be made more attractive with any improvements to King Street. Impact on Orange Avenue: Improvements to King Street may divert traffic from Orange Avenue, or add congestion at its intersection. 27 Plantation Road Although Plantation Road isn't within the boundaries of Hollins/Wildwood, it is a minor arterial street that is close by with access from Orange Avenue and Hollins Road Plantation Road has a mixture of residential and industrial uses, with a number of tracking terminals. The pavement is excessive between Orange Avenue and Kanter Road, at 60 - 70 feet wide, yet narrows to 20 - 22 feet between Kanter and Webb Road, then widens to over 60 feet to the north for most of its remaining sU'etch within the City. The Roanoke Valley Long Range Transportation Plan designates the section from Liberty Road to Hollins Road to be widened to four lanes with curb, gutter and sidewalk. This would not change the appmxim~ately 2,100 foot section between Kanter and Liberty Road that is only two lanes. The Williamson Road Area Plan recommends intermediate steps; using excess pavement on Plantation Road for striping to denote bike and parking lanes, and adding green spaces. Plantation Road should be examined in the future Orange Avenue corridor study. However, its impact on Orange Avenue is most likely predominantly attributable to the industrial uses on Plantation Road, and less to cut through traffic. If Plantation Road is widened to four lanes, it will become more attractive for industrial and commercial industries, and thus more track traffic. At the same time, Plantation Road may be a viable altemative route to Hollins Road or Williamson Roar[ The long range plan and any additional widening of Plantation Road should only be implemented if it can improve the flow of traffic in the Orange Avenue corridor. The long range plan also designates improvements to Hershberger Road from Williamson Road to the eastem City limits where it connects to Plantation Road. If these two pmjects can collectively improve the Orange Avenue corridor, they should be prioritized accordingly as a single project. At the least any widening of Plantation Road should be discouraged if it is not part of a comprehensive improvement plan for the Orange Avenue corridor and the sun'ounding area. The currem proposal in the long rage plan will merely increase vehicle speeds. In lieu of any of the long range pmjects, the recommendations of the Williamson Road Area Plan should be implemented on Plantation Road. 28 Hollins/Wildwood Street Network Infrastructure General infrastructure improvements were identified in the public workshops as a major shortcoming of the area and are one of the priority initiatives of this plan. Curb, gutter and sidewalk are lacking on many streets in Hollins/Wildwood, and several households in the neighborhood are not served by City water and/or sewer lines. Requests for infrastructure improvements - curb, gutter, sidewalk, and storm drainage mitigation - are submitted to the Engineering Division of the Department of Public Works. All requests are reviewed by several City departments and rated based on their need, feasibility, and relationship to any concurrent City project areas. One criterion is the location's inclusion in a neighborhood plan. In addition to providing direction for individual requests, this plan should serve as the primary source for determining where infrastructure funds should be allocated in Hollins/ Wildwood. Water and Sewer Residents cited the lack of sewer lines in some areas as the greatest concern during the planning process. Some houses in the area are served by wells, but water connections are not as vital as sewer. Connecting sewer service to every home that currently has a septic tank is the highest priority of this plan. Septic tanks are enthely the responsibility of private property owners; however they pose public health risks if owners fail to maintain them properly. In 2003 City Council adopted an amendment to the City Code that would require all new development to connect to City sewer lines. Only in circumstances where gravity connections or pump stations are impossible can a property owner install a septic tank. The recently created Western Virginia Water Authority now processes and administers all sewer and water connections. The Authority's policy for extending main sewer lines requires residents of a given area, usually a block or more of a street, to cover half the costs. This is a considerable expense for most property owners and it requires significant time for them to reach consensus and organize their efforts. In addition, fees for water and sewer connections have increased since the creation of the Authority, and as a regional government organization it serves Roanoke County as well as the City, making the selection of projects more competitive during each year's budget. The Authority recognizes that septic tanks can become problematic and as a matter of policy would like to connect as many properties to public sewer lines as possible. However, the Authority is unlikely to be able to fully fund such projects. Considering the potential problems that septic tanks can create, capital improve- ment projects to extend sewer service would be a good investment for the City to make in the area. 30 Two main areas are in need; in the Mecca Gardens neighborhood on Cannaday Road, ldlewild Boulevard, and Richard Avenue, and in Monterey neighborhood on Old Mountain Road, Pennsylvania Avenue, Columbia, Ohio and Old Virginia Streets. ~nere are also sections of other streets without service, but most &them have vacant land and would be required to install sewer connections if ever developed. Residents of about 25 houses on Richard Avenue met with staff of the Author- ity to discuss installation of sewer for the street. Authority staffhas designed a project for and mailed letters to each property owner detailing their portion of the expenses. Residents indicated that they could not afford to cover half of the cost, which is approximately $6,000 - $8,000 per lot. Of the areas that lack main sewer lines, Richard Avenue should be considered the highest priority. Curb, Gutter, and Sidewalk Aside from the arterial streets in Hollins/Wildwood, most do not have curb, gutter and sidewalk. Some residential streets have curb. On some streets it isn't feasible to install curb, gutter and sidewalk due to the lack of residual right-of-way, rolling topography and drainage issues. Arterial streets are the highest priority for a complete system of curb, gutter and sidewalk. Many residential streets could benefit from curb installation only, and are not developed densely enough to justify sidewalk installation. The Infrastructure Improvements map lists all streets that lack curb, gutter, and sidewalk. A number of factors should be considered when making decisions for the installation of curb, gutter and sidewalk: · Vision 2001-2020: The comprehensive plan addresses streetscape improve ments as a priority, including sidewalk installation. The Subdivision Ordinance: The ordinance requires that developers install curb, gutter, and sidewalk whenever subdividing land for development. Width of the street's right-of-way: Many streets in the area are not wide enough to install sidewalks, but can accommodate curb and gntten Pedestrian safety and volume of traffic: Sidewalk installation improves pedestrian safety, especially on heavily traveled streets. Storm water drainage problems: curb and gutter can alleviate drainage and mn-off problems on many streets, but often have little to no impact on properties below the grade of the street. 31 Infrastructure Issues Congested traffic on Orange Avenue Corridor Lack of connectivity of streets concentrates traffic on a few arterial streets Disconnected sweet system, especially north of Orange Avenue Lack of curb, gutter, and sidewalk on most streets Lack of City sewer and water on some streets Storm water drainage 32 Public Services Police Fire/EMS Code Enforcement HollinsA,Vildwood is not a high crime area. Based on calls for service data compiled by the Police Department the area falls in the lower half of districts within the City for total calls. Most crime in the area is domestic or property related, and residents cited overall safety as one of their neighborhood's best attributes. In 2004 the Police Department replaced the COPE (Community Oriented Policing Effort) units with Geographic Policing. Under the Geographic Policing initiative, the City is demarcated into four police response zones. HollinsNqild- wood is within Zone 2. Each zone is assigned a police lieutenant who serves as zone commander. The lieutenant is assisted by sergeants who are responsible for day-to-day supervision of patrol officers. Patrol functions include community policing, school resource officers, personnel assignments and response to citizen concerns. Each zone also contains a Community Resource Officer, who is responsible for facilitating community policing and problem solving initiatives throughout the zone. The Community Resource Officer involves each officer in resolving q~lity of life and community policing issues. Fire Station Number 14 is on Mecca Street. A new fire engine that also has ladder capability is assigned to the station. The Fire/EMS Strategic Business Plan recommends future improvements to the station to continue its operation. Station Number 14 is one of the newer stations in the City and is listed in the plan as the lowest in terms of maintenance needs. Residents addressed concerns with frequent code violations, particularly junk storage and inoperable vehicles. Housing maintenance has not been a significant issue, though some of the older housing may nced more attention to ensure its preservation. Code enforcement functions are undergoing continuous improvement with better strategies, staffing levels, and strengthened ordinances. Although Hollins/ Wildwood is not especially problematic, it needs increased enforcement activity by code enforcement inspectors, particularly in the Hollins neighborhood. 34 Other Public Services The Roanoke Valley Resource Authority's Tinker Creek Transfer Station at 1020 Hollins Road is a regional solid waste transfer station. The Authority is a partner- ship between the City, Roanoke County, Vinton, and Norfolk Southern. The three valley localities generate 700 tons of waste every day. Each locality collects its own trash, using its own equipment. After collection, refuse tracks deliver the trash to the Tinker Creek Transfer Station, where waste is loaded into mil cars. Each rail car holds 65 tons of waste, making them among the largest on the railroad. At the end of the day, all waste collected and loaded into the rail cars is hansported 1672 miles by Norfolk Southem's Waste Line Express to the landfill. The City provides automated refuse and recycling collection throughout the area. Despite the large land mass of the Hollins/Wildwood area, the population is too small and dispersed to support a school or library. Residents voiced support for more public facilities, such as a post office, schools, or police station. Public Services Issues Increased need for code enforcement Lack of public service facilities such as a post office, library, and schools 35 Quality of Life Hollin~Vildwood has a low crime rate, good value in its housing options, conve- nience to many commercial services and two main parks. Overall, residents of Hollins/Wildwood seem proud of and happy with their neighborhoods. At the same time, residents have expressed needs in several areas in which the City will need to priorif~ze long-term fimding. Residents of the area cited problems with litter in Tinker Creek. Maintaiffmg Tinker Creek and its surroundings is vital to the overall environment of the area. While private property owners are responsible for most of its pollution, future attention should be paid to it by City staffand the Western Virg/nia Water Author- Parks and Recreation The area has three parks: East Gate, Mason Mill and Thrasher. All of the parks are valued highly by residents, yet overall maintenance was also cited as neeffmg improvement. Thrasher Park is a popular site for picnics and recreation. It features a basketball court, tennis court, baseball diamond, playground, picnic shelter and ~llwasher Park Center, a meefmg facility where the Wildwood Civic League meets on a monthly basis. It covers almost 22 acres, most of which is open green space that provides a pleasant view for nearby residents and a sound buffer from traffic on Gus Nicks Boulevard. East Gate Park is on the site of a former landfill. The park, dedicated in 1968, has two playground structures, a picnic shelter, a basketball court, and a gravel parking lot. Trees line the perimeter of the park along 13th Street, and most of it is open green space. Vision 2001-2020 encourages diversifying park facilities to enhance the quality of life in the City, suggests the implementation of user fees, and encourages public/private partnerships as a means of implementing plan items. In 2002 City Council voted that the use of parc of East Gate Park for the Scott Robeason Memorial Fund First Tee Golf Program was substantially in accord with Vision 2001-2020. Although the program eventually located elsewhere, similar uses for the park should be considered in the future. Mason Mill Park is home to the surviving milldam, race, and recently restored wheel from the original Mill that was btfilt at the mm of the 20th Century and thrived in the 1920s. Located along Tinker Creek, the park is a popular spot for fishing and picnicking. 36 Greenways Read Mountain The area has three potential greenway routes that are included in the Roanoke Valley Conceptual Greenway Plan, Tinker Creek, 460 Challenger and Glade Creek. The Tinker Creek Greenway is identified as one of the major greenway coizidors in the valley. The route runs alongside all of the section of Tinker Creek within the City. A portion of this mute has been completed on the southern end in the Fallon neighborhood The portion within HolIins/Wildwood has yet to be constructed. Completion of the Tinker Creek Greenway will add a quality recre- ational amenity to the area, and increase exposure to the creek and surrounding neighborhoods. The 460 Challenger mute connects to the Tinker Creek route on the south by the railroad tracks and the western edge of Vinton, runs along King Street east to Orange Avenue and loops west back to the Tinker Creek Route. If this route is developed, it will mainly be on-mad bicycle lanes. The Glade Creek mute follows the Glade Creek stream through the southeast- em edge of Hollins/Wildwood in a southwest direction from Roanoke County to Vinton. It is an off-road route that would provide access to downtovm Vinton. In 2001 City Council adopted a resolution to support the efforts of the Read Mountain Alliance (RMA) to preserve Read Mountain. The RMA is a non-profit organization whose mission is to preserve the natural environment of the mountain and prevent its ridges and slopes from being disturbed by development. It is associated with the Western Virginia Land Trust (WVLT), another non-profit organization whose mission is to preserve land and natural resources in the counties of Bedford, Botetourt, Carroll, Craig, Floyd, Franklin, Henry, Montgom- et3', Patrick and Roanoke. The WVLT serves as a third party with property owners in conservation easements, legally binding agreements that limit the use of the owner's property. While the owner sacrifices some of their land's economic potential, there are valuable tax credits that are gained in retum, thus making the arrangement economically viable with only a very minimal investment. Although Read Mountain is in Roanoke and Botetoutt County, it is near the City's corporate limits, north of Read Mountain Road. There are unobstructed views oftbe mountain from virtually every part of the City, but especially in Hollhns/Wildwood. Vision 2001-2020 states that ridgeline development has had an adverse impact on the City, although the vast majority of such is outside the City's borders. Recent development in the City below the mountain has reinforced the City's desire to 37 limit development on ridgelines and steep slopes. Although these recent subdivi- sions achieved a current City goal in adding more housing choices, they also created or contributed to storm water nmoffproblems. The City has a vested interest in the view shed and environmental preservation of Read Mountain. The resolution affmns the City's support of the goals of the Read Mountain Alliance. Future funding should be considered to assist the Read Motmtain Alliance and the Westem Virginia Land Trust in obtaining conservation easements on properties on and around the mountain. Quality of Life Issues Maintaining both a high quality of life for residents and a concenlmtion of commercial services Upkeep of Tinker Creek Overabundance of wildlife, e.g. deer Maintenance and programnUng of park facilities Developmem of ridge lines and slopes 38 Recommendations Recommended Policies and Actions Recommendations are organized by the Plan Elements (community design, residential development, etc.). Recommendations take the form of "policies" or "actions." Policies are principles or ways of doing things that guide future deci- sions. Generally, policies are ongoing. Actions are projects or tasks that can be completed and have a definite end. 39 Community Design Policies Community Design Actions Neighborhood Character: Established neighborhoods should retain their current character and development patterns. Higher density residential development should be concentrated on the edges ofcom mercial development and closer to arterial streets. Design: Future commercial development should adhere to the design principles of Vision 2001-2020 for commercial corridors: o Concentrations of higher-density, mixed use development and live/work space at key intersections o Minimal curb cuts, shared parking, increased lot coverage, signs co-located, no excessive lighting, and orientation of buildings close to the street o Major corridors should have breaks in commercial de velop-ment Zoning: Commercial and residential zoning disaicts should be clearly delineated with the intensity of uses minimized in some areas. Parking: Paved parking spaces should be minimized. New Development: Require new developments to incorporate urban amenit- ies (e.g. sidewalks and curbs), and mixed-use (commercial and residential) where possible. Orange Avenue Corridor: Update the zoning ordinance to requke the design guidelines of Vision 2001-2020; buildings should be closer to the street with parking to the side or rear. Zoning: Establish commercial boundaries in the update of the zoning ordinance and note transitional areas as a component of the future land use map. Parking: Limit the number of parking spaces for new developments in the update of the zoning orcYmance. Lighting: Address the intensity of hghting in commercial developments as much as is possible under state law. 40 Residential Development Policies Residential Development Actions Neighborhood Character: Older neighborhoods should retain their current residential character. Zoning: Zoning should reinforce the existing character of neighbor- hoods. New development: New development should be well-planned and use limited land resources wisely. Infrastructure should be installed in conjunction with new development, including street improvements to address added traffic. Property Maintenance: All property should be maintained up to code stan dards. · Zoning: Maintain the density of existing neighbofiaoods in the update of the zoning ordinance, and promote higher densities close to commercial proper ties and arterial streets. Housing Clusters: o Support the rezoning of vacant or underutilized large sites for mixed density housing that is consistent with the design guidelines of Vision 2001-2020. o Consider the development of several properties in the areas denoted on the Residential Development Oppommities map. Vacant Parcels: Identify and promote appropriate new development on vacant parcels. · Property Maintenance: Increase enforcement efforts of staff and reporting of violations by residents. 41 Economic Development Policies Commercial Corridors: Commercial areas should accommodate com pe~tive businesses that have aesthetic and functional compatibility with adjoining residential areas. Commercial Centers: Small- to medium-sized concentrations of com mercial establishments should be developed differently in terms of mass, parking, landscaping and street orientation than larger slfip commercial developments. Industrial Districts: Industrial uses should have sufficient land to operate, and have a minimal impact on adjoining properties. Village Centers: Village centers should provide a pedestrian oriented commercial area for nearby residents. Zoning: Commercial and residential zoning districts should be clearly delineated with the intensity of uses minimized in some areas. Economic Development Actions Orange Avenue: Maintain commercial zoning that will retain existing businesses and attract new establishments. · Commercial Centers: Identify or crcate nodes along Orange Avenue for commercial centers; concentrations of small- to medium-sized commer cial establishments. Avoid strip commercial zoning pattems. Maximize Use of Existing Commercial Dislficts: Avoid further expan sion of commemial districts to encourage quality development and more efficient use of land in existing districts. Industrial Districts: Evaluate underused industrially zoned land and demarcate or rezone to maximize its potential. · RCIT: Review and revise deed restrictions to promote more efficient land use. Hollins Road Village Center: Enhance and denote the village center with landscaping and stamped asphalt crosswalks. 42 Infrastructure Policies · Streetscapes: Slreetscapes should be well maintained, attractive and fimctional for pedestrian, bicycle and motor traffic. · Connectivity: The connectivity of streets and the grid street system should be promoted and maintained. · Street width: Streets should be kept at the minimum width necessary to accommodate vehicular traffic and on-street parking. Sewer/Water: All new developments will be served by public sewer and water lines, unless it can be demonstrated that connection is not possible. Existing development should be evaluated for connections when fimding is available. · Crab, Gut/er and Sidewalk Improvements: New developments and arterial and collector streets should have mban amenities such as sidewalks and curb and gutter. Appropriate species of trees should be planted included as a part of such improvements. · New Development: lnfiastmcture should be installed in conjunction with new development, including street improvements to address added traffic. Traffic studies by prospective developers may be re quired. Stormwater Drainage: Stonnwater rtmolT should be mitigated as much as possible through improvements that are consistent with the character of the neighborhood. 43 InfrastructureActions Orange Avenue Corridor: Improve the Orange Avenue corridor with the following considerations: o Identify the arterial streets of the Orange Avenue corridor as Orange Avenue, Hollins Road, Gus Nicks Boulevard, and King Street. Address improvements to the con-idor based on collective analysis of how the intersecting arterial streets affect Orange Avenue. o Determine the origin and destination of daily traffic on Orange Avenue. o Analyze and consider development of alternative routes that could efficiently disperse the tralTtc demand on Orange Avenue, as well as improvements to Hollins Road, Gus Nicks Boulevard, and King Street that would improve the traffic flow on Orange Avenue. o Analyze and consider intersection improvements as an alteroative to adding more travel lanes on arterial streets. o Consider adding more travel lanes per VDOT's Long-range Transporta tion Plan only after exploring other alternatives. Hollins Road: o Impmve storm water drainage on Hollins Road before installing any additional paved surface improvements. o Consider altematives to widening Hollins Road north of Orange Avenue such as shoulder improvements. SewerAVater: Install sewer and water connections where possible through capital impmvement funds. Curb, Gutter and Sidewalk Improvements: Determine the need for improve ments based on the following factors: o Install curb, gutter and sidewalk on atlerial streets and infill of blocks with incomplete networks. o New subdivisions - all new developments will have curb and gutter, and sidewalk. o In select residential areas, install curb and gutter depending on existing drainage conditions. o Focus improvements in areas that have been identified as having storm water problems. Sidewalks may be installed on only one side where residual fight-of-way is limited. Stormwater Management: Alleviate stormwater runoff as much as possible through altematives to curb and gutter. Install curb and gutler in select areas that will alleviate drainage problems. 44 Public Services Policies Police officers should keep neighborhood residents irdbrmed of any occurrences of crime in the area Fire/EMS stations should be outfitted to provide the most efficient service possible Code enforcement inspectors should take a proactive approach to addressing all property maintenance violations Public Services Actions Continue communication between the neighborhoods, Neighborhood Services and the Police Department regarding crime prevention Improve Fire/EMS Station Number 14 per the recommendations of the Fire/EMS Strategic Business Plan Increase code enforcement efforts in the Hollins neighborhood Consider the area for future placement of public facilities such as schools, libraries and post offices 45 Quality of Life Policies Quality of Life Actions Commercial/Industrial Developmem: Commercial and industrial development should be economically viable without threatening the environment and high quality of life of the area. Recreation: Neighborhood and area parks should provide excellent recreational facilities for residents Greenways: The greenway mutes of the Roanoke Valley Conceptual Greenway Plan should be developed to enhance the quality of lit~ in the area. Ridge Lines and Steep Slopes: Development should be avoided on ridge lines and steep slopes that negatively impact views, runoff and erosion and sediment control. Zoning: Establish defined commercial boundaries in the update of the zoning ordinance Recreation: Maintain and enhance access to recreation resources Tinker Creek: Ensure that the conditions of Tinker Creek are closely monitored and that expedient enforcement of City Code violations is pursued in known cases of litter and other pollution. 46 Implementation Funding Funding for major infrastructure projects is generally provided through the City's Capital Improvement Program. Funding can come from a variety &sources, including CDBG, trarmportation funding, state and federal funds, and general revenue. The Capital Improvement Program is developed by identifying needed projects and matching them with potential funding sources. Each project is reviewed and ranked in terms of priority. The chart on the following page identifies major projects, their time frame, the lead agency or department, and potential sources of funding. ]he cost of most projects such as streetscape improvements cannot be determined until mom detailed planning is completed. Ho.w large projects are funded: The Capital Improvement Program Funding Sources Bonds General revenues State and Federal CDBG Project grants Others Needed Projects Parks Buildings Economic Development Streets, sidewalks and bridges Storm drains Schools Priority projects & their funding sources identified 5-year Capital )rovement Program 47 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 06242671 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 Virginia._~,, Sworn and subscribed before me this ~__~__ ay of June 2005. Witness my hand an ~ ~ ~'~'~' /" ' ' otar Fub ic My ~mmis~n '~~~-~i~2~-~__- PUBLISHED ON: 06/03 06/10 TOTAL COST: 323.84 FILED ON: 06/10/05 ................................................. + ........................ Signature :___ _ ......... , Billing Services Representative NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given pursuant to § 15.2-2204, of the Code of Virginia (1950), as amended, that Vision 2001 - 2020, the City's Comprehensive Plan, is proposed to be amended to include the Hollins/Wildwood Neighborhood Plan as an element of such Comprehensive Plan. A copy of the proposed Hollins/Wildwood Neighborhood Plan to be considered by City Council is on file in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building. A public hearing will be held before the Council of the City of Roanoke on Monday, June 20, 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 hearing, please contact the City Clerk's Office (853-2541), before 12:00 noon on Thursday, june 16, 2005. GIVEN under my hand this 27 th day of i~lay .,2005. Mary F. Parker, City Clerk. K \NOTICES/N AMENDCOMpR~HENSIVEPLAN(HOLLINS-WILDWOOD)062005 DOC Notice to Publisher: Publish in the Roanoke Times on Friday, June 3, 2005, and Friday, June 10, 2005. Send affidavit and bill to: Mary F. Parker, City Clerk 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2541 I,:'42LERK\DATA~KSMIXPUBLIC HEARINGS.05\N AMENI)COMPREHENSIVEPLAN(HOLLINS.WILDWOOD)062(g)5.DOC MARY F. PARKER, CMC City Clerk CITY OF ROANOKE . OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk June 7,2005 File #424 Rick Henderick, Chair Hollins Road North Civic League 933 Missouri Avenue, N. E. Roanoke, Virginia 24012 Dear Mr. Henderick and Mr. McDermott: Phil McDermott, Chair Wildwood Civic League 2712 Dell Avenue, N. E. Roanoke, Virginia 24012 Pursuant to provisions of Resolution No. 25523 adopted bythe Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, June 20, 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 a proposed amendment to Vision 2001-2020, the City's Comprehensive Plan, to include the Hollins/Wildwood Area Plan. If you would like to receive a copy of the report of the City Planning Commission, please call the City Clerk's Office at 540-8S3-2541. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew K:~Public HeadngsXPublic Hearings 2005x Jun 05~Atmmeys and Adjoining Property Om.doc 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 June 20, 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 to amend Vision 2001-2020, the City's comprehensive plan, to include the Hollins/Wildwood Area Plan Planning Commission Action: Planning Commission public hearing was held on May 19, 2005. By a vote of 6- 0 (Mr. Butler absent), the Commission recommended City Council adopt the Hollins/Wildwood Area Plan as a component of Vision 2001-2020. Background: The area included in this plan encompasses five neighborhoods in the northeast portion of the City: East Gate, Hollins, Mecca Gardens, Monterey and Wildwood. This large area is being combined to create a unified area plan because two neighborhood organizations represent virtually all of the area and, historic:ally, this part of the City has evolved in a similar fashion and is today confronted by the same general issues. Most of the land in the area was annexed by the City from Roanoke County in 1976. Since then, commercial and industrial development has outpaced residential growth. The residential neighborhoods are of a Iow density and are suburban by design. This suburban development pattern makes the area more difficult and costly to serve. The area has a Iow population yet has one of the most congested streets, Orange Avenue, in the City. Two public workshops were held in summer 2004, and a meeting to review the first draft of the plan was held in April, 2005. Considerations: During the workshops several positive features of the area were cited that need to be maintained: · Homes and infrastructure in good condition · Healthy mix of owner and renter occupied homes, and a range of housing options · Quiet, private character of residential areas · Strong neighborhood organization · Proximity to commercial services, economically the area is healthy overall · Low crime rate Staff noted the following issues in the plan that need to be addressed: · Lack of general infrastructure in residential neighborhoods · Imbalance of residential versus commercial and industrial property · The Orange Avenue corridor and all adjoining arterial streets are crowded and affect the qualify of life in the area · Sub-par property maintenance problems are increasing To address these issues, the plan features the following priority recommendations: Infrastructure: Create capital improvement projects for the following: 1.) Sewer connections: Coordinate with residents and the Western Virginia Water Authority to install service for properties that currently have septic systems. City funds should supplement or cover the residents' portion of the cost. Th is is the top priority of this plan. 2.) Curb, gutter, and sidewalk installation: Address these improvements based on the Infrastructure Improvements map with the following considerations: · Install curb, gutter and sidewalk on arterial streets and infill of blocks with incomplete networks. · New subdivisions - all new developments will have curb and gutter, and sidewalk. · In select residential areas, install curb and gutter depending on existing drainage conditions. · Focus improvements in areas that have been identified as having storm water problems. Transportation: Address the Orange Avenue corridor and all adjoining arterial streets collectively, and base future improvements accordingly. Consider widening Orange Avenue to six lanes only as a last resort. · Code Enforcement: increase canvassing in the area, particularly in the Hollins neighborhood. Residential Development: Encourage new development per the Future Land Use map and in select areas, consider rezoning for residential development rather than commercial or industrial. Mr. Chrisman asked how the plan addresses future improvements to Orange Avenue. Mr. Scholz also asked how much flexibility the plan would give the Metropolitan Planning Organization in regards to Orange Avenue. Staff replied to both questions that the intent of the plan is to be flexible and address Orange Avenue and the adjoining arterial streets collectively as a corridor and explore all alternatives, with widening Orange Avenue as a last resort. Mr. Williams said that the current VDOT long -range plan to widen Orange Avenue would require half of the City's 20-year VDOT budget allocation. Mr. Williams further stated that it was decided in the planning process of the Long -Range Transportation Plan that a study would be conducted by City staff to determine if alternate connection s would alleviate traffic congestion on Orange Avenue. Mr. Williams asked staff to explain the "mixed residential" category of the future land use map. Staff informed him that this designation was in reference to some of the language in the plan pertaining to housing clusters. In some cases, staff explained, areas would be zoned residentially, but would have the potential for denser development through a rezoning petition. Mr. Williams asked if this was similar to a PUD (Planned Unit Development). Staff replied that it was. Mr. Williams noted that there were concerns from citizens regarding preservation of open space and new development, and that if the area has to develop it should be in a similar fashion to neighborhoods like Raleigh Court. Mr. Townsend said that housing clusters would allow PUD type development, with denser development and the preservation of open space. Staff said that language had been added to the plan since the Planning Commission workshop on May 6 per the Commission's request. The language added states that any potential housing developments will need to provide adequate infrastructure, including improvements to address traffic impacts. Recommendation: By a vote of 6-0, the Planning Commission recommends approval of the Hollins/Wildwood Area Plan for adoption as a component of Vision 2001-2020. Respectfully submitted, Richard A. Rife, Chairrr~n City Planning Commission cc: Darlene L. Burcham, City Manager Steven J. Talevi, Assistant City Attorney 4 IN THE PLANNING COMMISSION OF THE CITY OF ROANOKE, VIRGINIA This 19th day of May, 2005. A RESOLUTION recommending the adoption of the Hollins/Wildwood Area Plan as an element of the City's Comprehensive Plan. WHEREAS, a series of community workshops were held in the Hollins and Wildwood areas to gain input into the plan; WHEREAS, the draft plan has been reviewed by the neighborhood, city staff, and City of Roanoke Planning Commission; and WHEREAS, the Hollins/Wildwood Area Plan has been advertised in accordance with Section 15.2-2204 of the Code of Virginia (1950), as amended, and pursuant to that notice, a public hearing was held on May 19, 2005, at which all persons having an interest in the matter were given a chance to be heard. BE IT RESOLVED by the Planning Commission of the City of Roanoke that it recommends to City Council that the Hollins/Wildwood Area Plan, dated May 19, 2005, be adopted as an element of the City's Comprehensive Plan, and that by signature of its Chairman below, the Planning Commission hereby certifies the attached copy of the area plan to City Council. ATTEST: Chairman IN THE PLANNING COMMISSION OF THE CITY OF ROANOKE, VIRGINIA This 19th day of May, 2005. A RESOLUTION recommending the adoption of the HollinsNVildwood Area Plan as an element of the City's Comprehensive Plan. WHEREAS, a series of community workshops were held in the Hollins and Wildwood areas to gain input into the plan; WHEREAS, the draft plan has been reviewed by the neighborhood, city staff, and City of Roanoke Planning Commission; and WHEREAS, the Hollins/Wildwood Area Plan has been advertised in accordance with Section 15.2-2204 of the Code of Virginia (1950), as amended, and pursuant to that notice, a public hearing was held on May 19, 2005, at which all persons having an interest in the matter were given a chance to be heard. BE IT RESOLVED by the Planning Commission of the City of Roanoke that it recommends to City Council that the Hollins/Wildwood Area Plan, dated May 19, 2005, be adopted as an element of the City's Comprehensive Plan, and that by signature of its Chairman below, the Planning Commission hereby certifies the attached copy of the area plan to City Council. ATTEST: Chairman NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING COMMISSION TO WHOM IT MAY CONCERN: The City of Roanoke Planning Commission will hold a public hearing on Thursday, May 19, 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 to amend Vision 2001-2020, the City's comprehensive plan, to include the Hollins/Wildwood Neighborhood Plan. A copy of the said document is available for review in the Department of Planning Building and Development, Room 166, Noel C. Taylor Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person who needs accommodations for this hearing, please contact the Department of Planning Building and Development at 853-1730 before 12:00 noon on the Monday before the date of the hearing listed above. Martha P. Franklin, Secretary City of Roanoke Planning Commission Please bill credit card on file and 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 CIRCUIT COURT CITY OF ROANOKE Office ofthe City Clerk CiTY OF' I~OANL~;"-,~...i Mary F. Parker, CMC Stephanie M. Moon, CMC City Clerk Deputy City Clerk Sheila N. Hartman Assistant City Clerk June 23, 2005 r File #53-217 The Honorable Brenda S. Hamilton Clerk of Circuit Court Roanoke, Virginia Dear Ms. Hamilton: I am attaching a certified copy of Resolution No. 37104-062005 authorizing issuance of $12,875,000.00 principal amount of General Obligation Public Improvement Bonds of the City of Roanoke for various capital improvement and capital equipment projects of the City of Roanoke. Pursuant to provisions of Section 12 of the above referenced resolution, I am required to file a certified copy with the Circuit Court of the City of Roanoke, Virginia, in accordance with Section 15.2-2607, Code of Virginia, 1950, as amended. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 20, 2005. MFP:ew Attachment Sincerely, Mary F. Parker, CMC City Clerk The Honorable Brenda S. Hamilton Page 2 June 23, 2005 pc: Donald G. Gurney, Esquire, Hawkins, Delafield & Wood, LLP 67 Wall Street, New York, New York 10005 The Honorable Evelyn W. Powers, City Treasurer Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget IN THE COUNCIL OF THE CITY OFROANOKE, VIRGINIA The 20th day of June, 2005. No. 37104-062005. A RESOLUTION AUTHORIZING THE ISSUANCE OF TWELVE MILLION EIGHT HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($12,875,000) PRINCIPAL AMOUNT OF GENERAL OBLIGATIONS OF THE CITY OF ROANOKE, VIRGINIA, IN THE FORM OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS OF SUCH CITY, FOR THE PURPOSE OF PROVIDING FUNDS TO PAY THE COSTS OF THE ACQUISITION, CONSTRUCTION, RECONSTRUCTION, IMPROVEMENT, EXTENSION, ENLARGEMENT AND EQUIPPING OF VARIOUS CAPITAL IMPROVEMENT PROJECTS (INCLUDING THE ACQUISITION OF LAND THEREFOR) AND THE ACQUISITION AND INSTALLATION OF VARIOUS CAPITAL EQUIPMENT PROJECTS OF AND FOR SUCH CITY; FIXING THE FORM, DENOMINATION AND CERTAIN OTHER DETAILS OF SUCH BONDS; PROVIDING FOR THE SALE OF SUCH BONDS; AUTHORIZING THE PREPARATION OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT RELATING TO SUCH BONDS AND THE DISTRIBUTION THEREOF AND THE EXECUTION OF A CERTIFICATE RELATING TO SUCH OFFICIAL STATEMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE CERTIFICATE RELATING TO SUCH BONDS; AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SALE OF UP TO THE PRINCIPAL AMOUNT OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE AND SALE OF SUCH BONDS; DELEGATING TO THE CITY MANAGER AND THE DIRECTOR OF FINANCE CERTAIN POWERS WITH RESPECT TO THE SALE AND DETERMINATION OF THE DETAILS OF SUCH BONDS AND NOTES; AND OTHERWISE PROVIDING WITH RESPECT TO THE ISSUANCE, SALE AND DELIVERY OF SUCH BONDS AND NOTES WHEREAS, in the judgment of the Council (the "Council") of the City of Roanoke, Virginia (the "City"), it is desirable to authorize the City to contract a debt and to authorize the issuance of $12,875,000 principal amount of general obligations of the City, in the form of General Obligation Public Improvement Bonds of the City, for the purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various capital improvement projects and the acquisition and installation of various capital equipment projects of and for the City and to authorize the issuance of up to the principal amount of General Obligation Public Improvement Bond Anticipation Notes in anticipation of the issuance of such Bonds; K:kM EAS URES~r -bondissuc0620051287 $000.1 .DOC 476184.1 027991 RES NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: SECTION 1. (a) Pursuant to Chapter 26 of Title 15.2 of the Code of Virginia, 1950, the same being the Public Finance Act of 1991 (the "Public Finance Act of 1991"), for the purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various capital improvement projects (including the acquisition of land therefor) and the acquisition and installation of various capital equipment projects of and for the City set forth in Section 7, the City is authorized to contract a debt and to issue $12,875,000 principal amount of general obligation bonds of the City,.to be designated and known as the "City of Roanoke, Virginia, General Obligation Public Improvement Bonds" (referred to herein as the "Bonds"). (b) The Bonds shall be issued and sold in their entirety at one time, or from time to time in part in series, as shall be determined by the Director of Finance. There shall be added to the designation of the Bonds a series designation determined by the Director of Finance. The Bonds shall be issued ih fully registered form in the denomination of $5,000 each or any whole multiple thereof. The Bonds of a given series shall be numbered from No. R-1 upwards in order of issuance. The Bonds shall bear interest from their date payable on such date and semiannually thereafter as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. The Bonds of each series shall be issued in such aggregate principal amounts (not exceeding the aggregate principal amount specified in Section l(a)); and shall mature on such dates and in such years (but in no event exceeding forty (40) years from their date or dates), and in the principal amount in each such year, as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. Interest on the Bonds shall be calculated on the basis of a three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months. (c) to redemption at the option of the City prior to their stated maturities, in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment of such redemption prices (expressed as a percentage of the principal amount of the Bonds to be redeemed), together with the interest accrued thereon to the date fixed for the redemption thereof, as shall be detmnined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. (d) (i) If any Bond (or any portion of the principal amount thereof in installments of $5,000) shall be called for redemption, notice of the redemption thereof, specifying the date, number and maturity of such Bond, the date and place or places fixed for its redemption, the premium, if any, payable upon such redemption, and if less than the entire principal amount of such Bond is to be redeemed, that such Bond must be surrendered in exchange for the principal amount thereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount thereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the registered owner thereof at his address as it appears on the books of -2- K:~lF~SURES~r-bondissu*O6200512875000.l.DOC 476184.1 027991 RES registry kept by the :Registrar as of the close of business on the forty-fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of any Bond shall have been given as aforesaid, and payment of the principal mount of such Bond (or the portion of the principal amount thereof to be redeemed) and of the accrued interest and premium, if any, payable upon such redemption shall have been duly made or provided for, interest thereon shall cease to accrue from and after the date so specified for the redemption thereof. (ii) So long as the Bonds are in book-entry only form, any notice of redemption shall be given only to The Depository Trust Company, New York, New York ("DTC"), or to its successor or nominee. The City shall not be responsible for providing any beneficial owner of the Bonds any notice of redemption. SECTION 2. The full faith and credit of the City shall be and is irrevocably pledged to the punctual payment of the principal of and premium, if any, and interest on the Bonds as the same become due. In each year while the Bonds, or any of them, are outstanding and unpaid, the Council shall be authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all taxable property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the principal of and premium, if any, and interest on the Bonds to the extent other funds of the City are not lawfully available and appropriated for such purpose. SECTION 3. (a) The Bonds shall be executed, for and on behalf of the City, by the manual or facsimile signatures of the Mayor and City Treasurer and shall have a facsimile of the corporate seal of the City imprinted thereon, attested by the manual or facsimile signature of the City Clerk. Co) The Director of Finance is hereby authorized to appoint a Registrar and Paying Agent for the Bonds (the "Registrar"). (c) The Director of Finance shall direct the Registrar to authenticate the Bonds and no Bond shall be valid or obligatory for any purpose unless and until the certificate of authentication endorsed on each Bond shall have been manually executed by an authorized signatory of the Registrar. Upon the authentication of any Bonds the Registrar shall insert in the certificate of authentication the date as of which such Bonds are authenticated as follows: (i) ifa Bond is authenticated prior to the first interest payment date, the certificate shall be dated as of the date of the initial issuance and delivery of the Bonds of the series of Bonds of which such Bond is one, (ii) if a Bond is authenticated upon an interest payment date, the certificate shall be dated as of such interest payment date, (iii) if a Bond is authenticated after the fifteenth (15th) day of the calendar month next preceding an interest payment date and prior to such interest payment date, the certificate shall be dated as of such interest payment date and (iv) in all other instances the certificate shall be dated as of the interest payment date next preceding the date upon which the Bond is authenticated. In the event the Bonds of any series shall be dated as of a date other than the first day of a calendar month or the dates on which interest is payable on such series are other than the first days of calendar months, the provisions of this Section 3(c) with regard to the authentication of such Bonds and of Section 9 with regard to the form of such -3- K:WIEASURES~r.I~ondi~ueO6200512875000. I.DOC 476184.1 027991 RES Bonds shall be modified as the Director of Finance shall determine to be necessary or appropriate. (d) The execution and authentication of the Bonds in the manner set forth above is adopted as a due and sufficient authentication of the Bonds. SECTION 4. (a) The principal of and premium, if any, on the Bonds shall be payable in such coin or currency of the United States of America as at the respective dates of payment thereof is legal tender for public and private debts at the office of the Registrar. Interest on the Bonds shall be payable by check mailed by the Registrar to the registered owners of such Bonds at their respective addresses as such addresses appear on the books of registrj kept pursuant to this Section 4; provided, however, that so long as the Bonds are in book-entry form and registered in the name of Cede & Co., as nominee of DTC, or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, interest on the Bonds shall be paid directly to Cede & Co. or such other nominee of DTC by wire transfer. Co) At all times during which any Bond of any series remains outstanding and unpaid, the Registrar for such series shall keep or cause to be kept at its office books of registry for the registration, exchange and transfer of Bonds of such series. Upon presentation at its office for such purpose the Registrar, under such reasonable regulations as it may prescribe, shall register, exchange or transfer, or cause to be registered, exchanged or transferred, on the books of registry the Bonds as hereinbefore set forth. (c) The books of registry shall at all times be open for inspection by the City or any duly authorized officer thereof. (d) Any Bond may be exchanged at the office of the Registrar for such series of Bonds for a like aggregate principal amount of such Bonds in other authorized principal sums of the same series, interest rate and maturity. (e) Any Bond of any series may, in accordance with its terms, be transferred upon the books of registry by the person in whose name it is registered, in person or by his duly authorized attorney, upon surrender of such Bond to the Registrar for cancellation, accompanied by a written instrument of transfer duly executed by the registered owner in person or by his duly authorized attorney, in form satisfactury to the Registrar. (f) All transfers or exchanges pursuant to this Section 4 shall be made without expense to the registered owners of such Bonds, except as otherwise herein provided, and except that the Registrar for such series of Bonds shall require the payment by the registered owner of the Bond requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. All Bonds surrendered pursuant to this Section 4 shall be cancelled. (g) (i) The Bonds shall be issued in full book-entry form. One Bond representing each maturity of the Bonds will be issued to and registered in the name of Cede & Co., as nominee of DTC, as registered owner of the Bonds, and each such Bond will be -4- K?uM EAS URESh'-bondi~$ue06200512875000.1.DOC 476184.1 027991 RES immobilized in the ~ustody of DTC. DTC will act as securities depository for the Bonds. IndiVidual purchases will be made in book-entry form only, in the principal mount of $5,000 or any whole multiple thereof. Purchasers will not receive physical delivery of certificates representing their interest in the Bonds purchased. (ii) Principal, premium, if any, and interest payments on the Bonds will be made by the Registrar to DTC or its nominee, Cede & Co., as registered owner of the Bonds, which will in turn remit such payments to the DTC participants for subsequent disbursal to the beneficial owners of the Bonds. Transfers of principal, premium, if any, and interest payments to DTC participants will be the responsibility of DTC. Transfers of such payments to beneficial owners of the Bonds by DTC participants will be the responsibility of such participants and other nominees of such beneficial owners. Transfers of ownership interests in the Bonds will be accomplished by book entries made by DTC and, in turn, by the DTC participants who act on behalf of the indirect participants of DTC and the beneficial owners of the Bonds: (iii) The City will not be responsible or liable for sending transaction statements or for maintaining, supervising or reviewing records maintained by DTC, its participants or persons acting through such participants or for transmitting payments to, communicating with, notifying, or otherwise dealing with any beneficial owner of the Bonds. SECTION 5. (a) CUSIP identification numbers may be printed on the Bonds, but no such number shall constitute a part of the contract evidenced by the particular Bond upon which it is printed; no liability shall attach to the City or any officer or agent thereof (including any paying agent for the Bonds) by reason of such numbers or any use made thereof (including any use thereof made by the City, any such officer or any such agent) or by reason of any inaccuracy, error or omission with respect thereto or in such use; and any inaccuracy, error or omission with respect to such numbers shall not constitute cause for failure or refusal by the successful bidder or purchaser to accept delivery of and pay for the Bonds in accordance with the terms of its bid. All expenses in connection with the assignment and printing of CUSIP numbers on the Bonds shall be paid by the City; provided, however, that the CUSIP Service Bureau charge for the assignment of such numbers shall be the responsibility of the successful bidder for or purchaser of the Bonds. (b) A copy of the final legal opinion with respect to the Bonds, with the name of the attorney or attorneys rendering the same, together with a certification of the City Clerk, executed by a facsimile signature of that officer, to the effect that such copy is a tree and complete copy (except for letterhead and date) of the legal opinion which was dated as of the date of delivery of and payment for the Bonds, may be printed on the Bonds. SECTION 6. The City covenants and agrees to comply with the provisions of Sections 103 and 141-150 of the Internal Revenue Code of 1986 and the applicable Treasury Regulations promulgated thereunder throughout the term of the Bonds. SECTION 7. The proceeds of the sale of the Bonds shall be applied to the payment of the cost of the following capital improvement projects of and for the City in substantially the following respective amounts: -5- K:~MEASURES¥-bondissue06200512875000. I.DOC 476184.1 027991 RES Purpose P~flotmt Art Museum Project Public Parking Facilities Financial Information System Project Acquisition of Land for Redevelopment $ 3,700,000 2,600,000 2,600,000 3,975,000 $12,875,000 If any project set forth above shall require less than the entire respective mount so set forth, the difference may be applied to any of the other projects so set forth. SECTION 8. (a) The Bonds shall be sold at negotiated or competitive sale on such date or dates and at such'price or prices as shall be determined by the City Manager and the Director of Finance. In the event it is determined that the Bonds shall be sold at competitive sale, the Director of Finance is hereby authorized to prepare or cause to be prepared a Summary Notice of Sale of the Bonds and to cause such Summary Notice of Sale to be published in The BondBuyer, a financial journal published in the City of New York, New York, and to prepare or cause to be prepared and distributed a Preliminary Official Statement and a Detailed Notice of Sale relating to the Bonds. In preparing the Detailed Notice of Sale relating to the Bonds, the Director of Finance is hereby authorized to provide that bids for the purchase of the Bonds may be received by electronic bidding. The City Manager and the Director of Finance (i) are hereby authorized to determine the dated date of the Bonds of each series, the dates the Bonds of each series shall mature, the dates on which interest on the Bonds shall be payable, the aggregate principal amount of the Bonds of each series and the principal amount of the Bonds of each series maturing in each year and (ii), in the event it is determined that the Bonds shall be sold at competitive sale, are hereby further authorized to receive bids for the purchase of the Bonds of each series and, without further action of this Council, to accept the bid offering to purchase the Bonds of each series at the lowest true interest cost to the City;, provided, however, in no event shall the true interest cost with respect to the Bonds of any series exceed seven percent (7.00%). The City Manager and the Director of Finance are further authorized to fix the rates of interest to be borne by the Bonds of each maturity of each series as specified in the bid accepted by them in accordance with the immediately preceding sentence. The City Manager and the Director of Finance are hereby authorized to determine the provisions relating to the redemption of the Bonds upon the advice of the City's financial advisor; provided, however, in no event shall any redemption premium payable by the City exceed two percent (2.00%). (b) The Mayor is hereby authorized and directed to execute and deliver to the purchasers of the Bonds an Official Statement of the City relating to the Bonds, in substantially the form of the Preliminary Official Statement relating to the Bonds, after the same has been completed by the insertion of the maturities, interest rates and other details of the Bonds and by making such other insertions, changes or corrections as the Mayor, based on the advice of the City's financial advisors and legal counsel (including the City Attorney and Bond Counsel), deems necessary or appropriate; and this Council hereby authorizes the Official Statement and the information contained therein to be used by the purchasers in connection with the sale of the Bonds. The Preliminary Official Statement is "deemed final" for purposes of Rule 15c2-12 promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange -6- K:~vlF. ASUPoES~--bondissue06200512875000.l.DOC 476184.1 027991 RES Act of 1934 ("Rule 15c2-12"). The City Manager and the Director of Finance are hereby authorized and directed to execute on behalf of the City and deliver to the purchasers a certificate in substantially the form to be included in the Official Statement under the caption "Certificate Concerning Official Statement". (c) The City Manager and the Director of Finance are hereby authorized to execute and deliver to the purchasers of the Bonds a Continuing Disclosure Certificate relating to the Bonds evidencing the City's undertaking to comply with the continuing disclosure requirements of Paragraph (b)(5) of Rule 15c2-12 in such form as shall be approved by the City Manager and the Director of Finance upon advice of counsel (including the City Attorney and Bond Counsel), such approval to be conclusively evidenced by their execution thereof. (d) All actions and proceedings heretofore taken by this Council, the City Manager, the Director of Finance and the other officers, employees, agents and attorneys of and for the City in connection with the issuance and sale of the Bonds are hereby ratified and confirmed. SECTION 9. The Bonds, the certificate of authentication of the Registrar, and the assignment endorsed on the Bonds, shall be in substantially the forms set forth in Exhibit A attached hereto. SECTION 10. General obligation public improvement bond anticipation notes (the "Notes") are authorized for issuance and sale by the City Manager and the Director of Finance in anticipation of the issuance of the general obligation bonds authorized for issuance herein. Such Notes shall be sold at competitive or negotiated sale at such price or prices and on such other terms and conditions as shall be determined by the City Manager and the Director of Finance. The City Manager and the Director of Finance (i) are hereby authorized to deteimine the dated date of the Notes of each series, the dates the Notes of each series shall mature, the dates on which interest on the Notes shall be payable, the aggregate principal amount of the Notes of each series and the principal amount of the Notes of each series maturing in each year and (ii) are hereby further authorized to receive bids for the purchase of the Notes of each series if sold at competitive sale or proposals for the purchase of the Notes of each series if sold at negotiated sale and, without further action of this Council, to accept the bid or proposal offering to purchase the Notes of each series at the lowest true interest cost to the City; provided, however, in no event shall the tree interest cost with respect to the Notes of any series exceed six pement (6.00%). The City Manager and the Director of Finance are further authorized to fix the rates of interest to be borne by the Notes of each maturity of each series as specified in the bid or proposal accepted by them in accordance with the immediately preceding sentence. The City Manager and the Director of Finance are hereby authorized to determine the provisions relating to the redemption of the Notes hereof upon the advice of the City's financial advisor; provided, however, in no event shall any redemption premium payable by the City exceed two percent (2.00%). If such Notes are offered for competitive sale, a Detailed Notice of Sale or Summary Notice of Sale shall be prepared, published and distributed in accordance with the requirements of Section 8. If such Notes are publicly offered, there may also be prepared and distributed a Preliminary Official Statement and a final Official Statement relating to such Notes in such form as shall be approved by the Director of Finance. The issuance and details of such Notes shall be -7- K:WIEASURESXr-bondissueO6200512875000.l.IXX2 476184.1 027991 RES governed by the provisions of Section 15.2-2628 of Title 15.2, Chapter 26, Article 2 of the Code of Virginia, 1950. The provisions of Sections 2 and 6 shall apply to such Notes to the same extent the same apply to the Bonds except, in the case of the provisions of Section 2, only to the extent such Notes are not paid from the proceeds of the Bonds or from any other available funds. Bonds in anticipation of which such Notes are issued pursuant to this Section 10 may be issued and sold in accordance with the provisions of this Resolution at any time within five (5) years of the date of issuance of the first Notes issued in anticipation of such Bonds. SECTION 11. The Council hereby authorizes the City to make expenditures for the purpose for which the Bonds are to be issued in advance of the issuance and receipt 9f the proceeds of the Bonds and to reimburse such expenditures from the proceeds of the Bonds. The adoption of this Resolution shall be considered an "official intent" within the meaning of Treasury Regulation Section 1.150-2 promulgated under the Internal Revenue Code of 1986. SECTION 12. The City Clerk is hereby directed to file a copy of this Resolution, certified by such City Clerk to be a true copy hereof, with the Circuit Court of the City of Roanoke, Virginia, all in accordance with Section 15.2-2607 of the Code of Virginia, 1950. SECTION 13. All ordinances, resolutions and proceedings in conflict herewith are, to the extent of such conflict, repealed. City Clerk. -8- K:',,MEASURES~r-bondissue06200512875000.I.DOC 476184.1 027991 RES EXHIBIT A UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND SERIES REGISTERED REGISTERED No. R-__ $__ MATURITY INTEREST DATE: RATE: DATE OF BOND: CUSIP NO.: REGISTERED OWNER: CEDE & CO. PRINCIPAL SUM: DOLLARS KNOW ALL MEN BY THESE PRESENTS, that the City of Roanoke, in the Commonwealth of Virginia (the "City"), for value received, acknowledges itself indebted and hereby promises to pay to the Registered Owner (named above), or registered assigns, on the Maturity Date (specified above) (unless this Bond shall be subject to prior redemption and shall have been duly called for previous redemption and payment of the redemption price duly made or prov. kted,~fgO~..,~,e.~, ..a~. cipal Sum (specified above), and to pay interest on such Principal Sum on and semiannually on each and thereafter (each such date is hereinafter referred to as an "interest payment date"), from the date hereof or from the interest payment dale next preceding the date of authentication hereof to which interest shall have been paid, unless such date of authentication is an interest payment date, in which case from such interest payment date, or unless such date of authentication is within the period from the sixteenth (16th) day to the last day of the calendar month next preceding the following interest payment date, in which case from such following interest payment date, such interest to be paid until the maturity or redemption hereof at the Interest Rate (specified above) per annum, by check mailed by the Paying Agent hereinafter mentioned to the Registered Owner in whose name this Bond is registered upon the books of registry, as of the close of business on the fifteenth (15th) day (whether or not a business day) of the calendar month next preceding each interest payment date; provided, however, that so long as this Bond is in book-entry only form and registered in the name of Cede & Co., as nominee of The Depository Trust Company ("DTC"), or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, interest on this Bond shall be paid directly to Cede & Co. or such other nominee of DTC by wire transfer. Interest on this Bond shall be calculated on the basis of a A-1 476184.1 027991 RES three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months. The principal of and premium, if any, on this Bond are payable on presentation and surrender hereof, at the office of , as the Registrar and Paying Agent, in the City of , . Principal of and premium, if any, and interest on this Bond are payable in any coin or currency of the United States of America which, on the respective dates of payment thereof, shall be legal tender for public and private debts. This Bond is one of an issue of Bonds of like date, denomination and tenor except as to number, interest rate and maturity, which is issued for the purpose of providing fug, ds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public improvement projects (including the acquisition of land therefor) and the acquisition and installation of various capital equipment projects of and for the City, under and pursuant to and in full compliance with the Constitution and statutes of the Commonwealth of Virginia, including Chapter 26 of Title 15.2 of the Code of Virginia, 1950 (the same being the Public Finance Act of 1991), and resolutions and other proceedings of the Council of the City duly adopted and taken under the Public Finance Act of 1991. The Bonds of the issue of which this Bond is one (or portions thereof in installments of $5,000) maturing on and after are subject to redemption at the option of the City prior to their stated maturities, on or after in whole or in part fi.om time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment of the following redemption prices (expressed as a pementage of the principal amount of the Bonds to be redeemed), together with the interest accrued thereon to the date fixed for the redemption thereof.' Redemption Dates (Both Dates Inclusive) Redemption Prices (Percentages of Principal Amount) to _, __ % to ~__ and thereafter If this Bond is redeemable and this Bond (or any portion of the principal amount hereof in installments of $5,000) shall be called for redemption, notice of the redemption hereof, specifying the date, number and maturity of this Bond, the date and place or places fixed for its redemption, the premium, if any, payable upon such redemption, and if less than the entire principal amount of this Bond is to be redeemed, that this Bond must be surrendered in exchange for the principal amount hereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount hereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, POStage prepaid, to the Registered Owner hereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty-fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of this Bond (or the portion of the principal A-2 476184.1 027991RES mount hereof to be redeemed) shall have been given as aforesaid, and payment of the principal amount of this Bond (or the portion of the principal amount hereof to be redeemed) and of the accrued interest and premium, if any, payable upon such redemption shall have been duly made or provided for, interest hereon shall cease to accrue fi'om and atter the date so specified for the redemption hereof. Subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the issue of which this Bond is one, this Bond may be exchanged at the office of the Registrar for a like aggregate principal amount of Bonds of other authorized principal amounts and of the same issue, interest rate and maturity. This Bond is transferable by the Registered Owner hereof, in person or by his attorney duly authorized in writing, on the books of registry kept by the Registrar for such purpose at the office of the Registrar but only in the manner, subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, and upon the surrender hereof for cancellation. Upon such transfer a new Bond or Bonds of authorized denominations and of the same aggregate principal amount, issue, interest rate and maturity as the Bond surrendered, will be issued to the transferee in exchange herefor. This Bond shall not be valid or obligatory unless the certificate of authentication hereon shall have been manually signed by the Registrar. The full faith and credit of the City are irrevocably pledged to the punctual payment of the principal of and premium, if any, and interest on this Bond as the same become due. In each year while this Bond is outstanding and unpaid, the Council of the City shall be authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay the principal of and premium, if any, and interest on this Bond to the extent other funds of the City are not lawfully available and appropriated for such purpose. It is certified, recited and declared that all acts, conditions and things required to exist, happen or be performed precedent to and in the issuance of this Bond do exist, have happened and have been performed in due time, form and manner as required by law, and that the amount of this Bond, together with all other indebtedness of the City does not exceed any limitation of indebtedness prescribed by the Constitution or statutes of the Commonwealth of Virginia or the Charter of the City. A-3 476184.1 027991 RES IN WITNESS WHEREOF, the City has caused this Bond to be executed by the manual or facsimile signatures of its Mayor and its City Treasurer; a facsimile of the corporate seal of the City to be imprinted hereon attested by the manual or facsimile signature of its City Clerk; and this Bond to be dated as of the day of ,200_. CITY OF ROANOKE, VIRGINIA [sE, ad Mayor Attest: City Clerk City Treasurer CERTIFICATE OF AUTHENTICATION proceedings. This Bond is one of the Bonds delivered pursuant to the within-mentioned [ ], as Registrar By: Authorized Signatory Date of Authentication: A-4 476184.1 027991 RES ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (Please print or type name and address, including postal zip code of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER TAX IDENTIFYING NUMBER OF TRANSFEREE: the within Bond and all fights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer such Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a member finn of The New York Stock Exchange, Inc. or a commercial bank or trust company. (Signature of Registered Owner) NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the face of this Bond in every paxticular, without alteration, enlargement or any change whatsoever. ATTEST: City Clerk. A-5 476184.1 027991RES Virginia Department of Aviation 5702 Gulfstream Road DC Richmond, Virginia 23250 804-236-3632 1-800-292-1034 (Virginia only) rusty h arrin gt0 n@do av. virginia.gov Rusty Harrington, Mgr. Planning and Environmental Section FAA Eastern Regional offices located in Washington, Per DOAV website and Rusty Harrington: Despite their obvious benefits, airports are under increasing pressure to modify operations, relocate or even close due to perceived noise and safety related impacts. This situation is often caused by development pressures placed on local decision makers, faced with the need to provide new schools, additional housing and increased business opportunities. The Federal government, the Commonwealth and local governments all have substantial public investments in Virginia's airport system. Unfortunately, available funding for replacing or relocating existing airports is becoming increasingly scarce, while the cost of capital and maintenance projects is steadily growing. Thus, it is vital to the future of the Commonwealth that we take the appropriate steps to preserve and protect our existing airport system from the encroachment of incompatible land-uses. The costs of dealing with public complaints and lawsuits associated with incompatible land use issues incurred by airports and planning jurisdictions, can be considerable over time. Land use recommendations The Department of Aviation recommends that communities discourage the development of residences, schools, churches, hospitals, daycare centers, nursing homes and other similar uses, including uses resulting in large open-air assemblies of people, such as amphitheaters and stadiums in Overflight Areas. Compatible uses include commercial, industrial, agricultural, golf courses, parks and other similar uses. To protect our airports from undesirable land-uses, local governments, developers and airport operators need to cooperate and communicate. Local governments may help by planning and developing compatible land uses around regional airports. Commercial, industrial and agricultural uses, to name a few, tend to be more compatible and less sensitive to airport activity than residential uses. Numerous options can be used by localities and airports to enhance the compatibility between the airport and the community. To address the problem, the airport and locality need to cooperatively work together to determine the appropriate level of land use compatibility planning required to protect the airport from encroachment and provide the community the blueprint to grow so to meet the increasing development pressures of urban and suburban growth. Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk Stephanie M. Moon, CMC Deputy City Clerk June 23,2005 Sheila N. Hartman Assistant City Clerk File #53-217 The Honorable Brenda S. Hamilton Clerk of Circuit Court Roanoke, Virginia Dear Ms. Hamilton: I am attaching a certified copy of Resolution No. 37104-062005 authorizing issuance of $12,875,000.00 principal amount of General Obligation Public Improvement Bonds of the City of Roanoke for various capital improvement and capital equipment projects of the City of Roanoke. Pursuant to provisions of Section 12 of the above referenced resolution, I am required to file a certified copy with the Circuit Court of the City of Roanoke, Virginia, in accordance with Section 15.2-2607, Code of Virginia, 1950, as amended. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 20, 2005. MFP:ew Sincerely, Mary F. Parker, CMC City Clerk Attachment The Honorable Brenda S. Hamilton Page 2 June 23, 2005 pc: Donald G. Gurney, Esquire, Hawkins, Delafield & Wood, LLP 67 Wall Street, New York, New York 10005 The Honorable Evelyn W. Powers, City Treasurer Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget JESSE A. HALL Director of Finance email: jesse_hall~ci.roanoke.va.us CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Rpom 461 P.O. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 lax: (540) 853-6142 ANN H. SHAWVER Deputy Director June 20, 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: Authorization for Issuance of Bonds Backqround: There are several projects included in the Capital Improvement Plan (CIP) that will require financing during Fiscal Year 2005-2006. On May 10, 2005 City Council adopted a resolution endorsing an update to the CIP for Fiscal Years 2006-2010 that was included in the Recommended Resource Allocation Plan. The update included the need for short term financing of $2.6 million for replacement of financial systems including accounting, tax/treasury, budget preparation, and human resource/payroll. Although funding sources have been identified to pay for the systems over approximately five years, short term financing will be required to provide adequate cash flow as the major systems are purchased. On May 2, 2005, Council authorized the execution of an option agreement for the purchase of the Countryside Golf Course at a cost of $4.1 million. An option fee of $125,000 has been paid, thus the remainder of funding for the acquisition of the property will come from the issuance of bonds. Two other projects included in the CIP for which issuance of bonds has not previously been authorized are the City's contribution to the Art Museum of Honorable Mayor and Members of Council June 20, 2005 Page 2 $3.7 million and a parking garage in the western part of downtown that requires an additional $2.6 million financing. Total financing required for these projects are: Art Museum Downtown West Parking Garage Financial Application Integration Countryside Golf Course $3,700,000 $2,600,000 $2,600,000 $3,975,000 Total $12,875,000 Recommendation: Adopt the accompanying resolution authorizing the issuance of $12,875,000 in General Obligation Bonds under the Virginia Public Finance Act. I would be pleased to answer any questions you might have. Sincerely, Jesse A. Hall Director of Finance C: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Mary F. Parker, City Clerk Sherman M. Stovall, Director of Management and Budget The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times HAWKINS DELAFIELD & WOOD LLP 67 WALL STREET, llTH FL NEW YORK NY 10005 REFERENCE: 80130455 06346579 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 Virqinia. Sworn and subscribed before me this _~?_day of June 2005. Witness my hand an of~l s~ a 1~r ~_/~ .... ~~~_~ ~P Not ar~ P--~ic ommi o es _ ~_ ~_~Y__~_. PUBLISHED 6N: i06/06 06/13 TOTAL COSTi; ' "526~24 FILED ON: :' ' 06/14/05 Signature: _ , Billing Serv: NOTICE OF PUBUC HERRING NOTICE IS HEREBY GIVEN, pursuant to Section .... 15.2-2606.A of the Code of Virginia, 1950, that Council of the Cit of shal~q¥'ire I~ss ~. the NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 15.2-2606.A of the Code of Virginia, 1950, that the Council of the City of Roanoke, Virginia (the "City"), will hold a public hearing on Monday, June 20, 2005, at 7:00 P.M., local time, in the Council Chamber, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011, with respect to the proposed adoption by the Council of a resolution authorizing the City to contract a debt and issue general obligation public improvement bonds of the City (and in anticipation of the issuance of any such bonds to issue general obligation public improvement bond anticipation notes of the City) in the principal amount of $12,875,000 for the purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various capital improvement projects and the acquisition and installation of various capital equipment projects of and for the City for the purposes and in the amounts set forth below; provided that, if any purpose set forth below shall require less than the entire respective amount so set forth, the difference may be applied to any of the other purposes so set forth: Purpose Amount Art Museum Project Public Parking Facilities Financial Information System Project Acquisition of Land for Redevelopment $ 3,700,000 2,600,000 2,600,000 3,975,000 $12,875,000 The members of the public are invited to attend the public heating and to appear and present their views on the proposed resolution. If you are a person with a disability who needs accommodations for this public hearing, please contact the City Clerk's Office at (540) 853-2541, by Thursday, June 16, 2005. The full text of the proposed resolution is on file in the office of the City Clerk, Noel C. Taylor Municipal Building, Room 456, 215 Church Avenue, S.W., Roanoke, Virginia 24011. Dated: June 6, 2005 MARY F. PARKER City Clerk City of Roanoke, Virginia 475157.1 027991 NTC Notice to Publisher: Publish in the Roanoke Times once on Monday, June 6, 2005 and Monday, June 13, 2005. Send affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 Send bill to: Donald G. Gumey Hawkins Delafield & Wood LLP 67 Wall Street, 1 lth Floor New York, New York 10005 Telephone: (212) 820-9438 Toll Free: (800) 742-4321 Telecopier: (212) 820-9651 2 475157.1 027991 NTC CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk June 27, 2005 File #402 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 37105-062005 amending and reordaining certain sections of Article III, Rental Certificate of Compliance, Chapter 7, Building Regulations, Code of the City of Roanoke (1.979), as amended, to comply with State Code regulations, effective July 1, 2005. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 20, 2005. Sincerely, Step anie . pon, CMC Deputy City Clerk SMM:ew Attachment Darlene L. 8urcham Jur~e 27, 2004 Page 2 The Honorable Jonathan M. Apgar, Chief Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable William D. Broadhurst, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Charles N. Dorsey, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Jonathan M. Apgar, Chief Judge, Twenty-Third Judicial Circuit of Virginia The Honorable James R. Swanson, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Julian H. Raney, Jr., Chief Judge, General District Court The Honorable Vincent A. Lilley, Judge, General District Court The Honorable Francis W. Burkart, III, Judge, General District Court The HonorableJacqueline F. Ward Talevi,Judge, General District Court The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Joseph M. Clarke, II,Judge,Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court Sheila N. Hartman, Assistant City Clerk, (For transmittal by electronic mail to Municipal Code Corporation) Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32316 The Honorable Brenda L. Hamilton, Clerk of Circuit Court Ronald S. Albright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Kozuo Webb, Office of the Magistrate Lora A. Wilson, Law Librarian William M. Hackworth, City Attorney Rolanda B. Russell, Assistant City Manager for Community Development W. Dan Webb, Acting Director, Neighborhood and Housing Services John P. Baker, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Theodore J. Edlich, III, President, Total Action Against Poverty, P. O. Box 2868, Roanoke, Virginia 24001-2868 Alvin L. Nash, President, Blue Ridge Housing Development Corporation, Inc., 510 11'h Street, N. w., Roanoke, virginia 24017 Darlene L. Burcham June 27, 2004 Page 3 pc: v. Lee Wolfe, President, Gainsboro Neighborhood Alliance, 206 Rutherford Court, S. W., Roanoke, Virginia 24015 Dwight Steele, Jr., President, Gainsborough Southwest Community Organization, 3815 Stratford Park Drive, S. W., Apartment 7, Roanoke, Virginia 24018 Evelyn D. Bethel, President, Historic Gainsboro Preservation District,, inc., 35 Patton Avenue, N. E., Roanoke, Virginia 24016 Jimmy Cook, President, Hurt Park Neighborhood Alliance, 1814 Salem Avenue, S. W., Roanoke, Virginia 24016 Clarice Walker, President, Loudon-Melrose Neighborhood Organization, 1730 Melrose Avenue, N. W., Roanoke, Virginia 24017 Estelle McCadden, President, Melrose-Rugby Neighborhood Forum, 2128 Mercer Avenue, N. W., Roanoke, Virginia 24017 Jim Crawford, President, Mountain View Neighborhood Alliance, 822 13~h Street, S. W., Roanoke, Virginia 24016 Elizabeth Burford, President, Northwest Neighborhood Environmental Organization, 802 Loudon Avenue, N. W., Roanoke, Virginia 24016 Lewis Grogan, President, Northwest Neighborhood Improvement Council, 528 Chestnut Avenue, N. W., Roanoke, Virginia 24016 Kevin Earl, President, Old Southwest, Inc., 529 Day Avenue, S. W., Roanoke, Virginia 24015 Richard Nichols, President, Southeast Action Forum, Inc., 1620 Kirk Avenue, S. E., Roanoke, Virginia 24013 Mr. George Franklin, Upper Loudon Avenue Crime Watch and Development Committee, 1715 Loudon Avenue, N. W., Roanoke, Virginia 24017 Patricia Reynolds, President, Villa Heights Crime Prevention Organization, 2628 Clifton Street, N. W., Roanoke, Virginia 24017 Dr. Jeanette Manns, Co-Chair, Washington Park Alliance For Neighborhoods, 1826 l0Th Street, N. W., Roanoke, Virginia 24012 Rev. Clinton Scott, Co-Chair, Washington Park Alliance for Neighborhoods, 1317 l0~ Street, N. W;, Roanoke, Virginia 24012 Robert A. Clement, Jr., Neighborhood Services Coordinator, Neighborhood Partnership IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of June, 2005. No. 37105-062005. AN ORDINANCE amending and reordaining §7-34, Purpose and intent, by amending subsections (a) and CO), and adding subsections (c) and (d); §7-35, Definitions; §7-36, Applicability, by amending subsection (a), and adding subsection (b); §7-37, Inspection and certificate of compliance required; §7-38, Exemptions; §7-39, Certificate of exemption, by amending subsections (a), Co), (c), and (d), and adding subsections (e) and (f); §7-40, Issuance of certificate of compliance; §7-41, Temporary waiver of compliance; §7-42, Display of proof of compliance, by amending subsections (a) and Co); §7-43, Alteration of proof of compliance; §7-44, Fees; and §7-45, Appeals, by amending subsection Co); of Article III, Rental Certificate of Compliance, of Chapter 7, Building Regulations, Code of the City of Roanoke (1979), as amended, in order to comply with state code regulations; providing for an effective date; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 7-34, Purpose and intent, of the Code of the City of Roanoke (1979), as amended, is hereby amended by amending subsections (a) and Co), and adding subsections (c) and (d), to read and provide as follows: Sec. 7-34. Pu~c, sc. an~ :~ntcnt Findings, designation of rental inspection districts. (a) The city council finds that certain residential rental Lousing dwelling units, when not the subject of an initial inspection or eittaer--r%m~ periodic inspections or inspz.ct~c.n: upon a change in tenancy, to ensure compliance with applicable building maintenance regulations, may become unsafe, a public nuisance, and unfit for human habitation. K:\ORDINANCES~O-CA-Rcntal Inspection Program 060305ff. doc 1 The city council further finds that within certain residential housing areas ity ign . ~/I .~U.1~,:1,1.*.1-1~ rental within the c , des ated as inspection districts, er '~:~'~ ~ there ix a need to protect the pubtic health, ~afe~ and we~are of the occupants of residentiaI rental dwelling units; that such residential rental dwelling units are either (0 blighted or in the process of deteriorating, or (i0 in need of inspection by the ci~ to ~revent deterioration, taMng into account the number, age and condition of the residential dwelling rental units; and that the i~pection of r~idential rental dwelling units is necessa~ to maintain safe, decent and ,anita~ living conditions for tenants and other residents living in the rental inspection districts. There are hereby created rental inspection districts pursuant to section 36- 105.1:1 of the Code of Virginia (1950), as amended. Such districts are as delineated in a map entitled, Rental lnspection Districts, dated February 23, 2005, and filed with the city clerk for the city of Roanoke. A copy of such map shall be available for public inspection in the department of housing and neighborhood services for the city of Roanoke. The boundaries of the rental residential districts are as set forth below. Where a street forms any edge of the inspection district, those properties on the outer edge of the street will not be subject to inspection, unless otherwise noted. No property owned by Norfolk Southern will be included in the districts, and references to railroad tracks are included for convenience of description. Southwest Rental Inspection District: Beginning at the center of Elm Avenue and Jefferson Street, south with center line of Jefferson Street to Route 220 overpass, follow Route 220 northerly R/~ line to where it passes over Norfolk Southern railroad tracks, from previous point follow railroad tracks northwest to southeast corner of tax parcel 1220907, northeast along property line of 1220907 to center line of Cleveland Avenue, southeast along center line of Cleveland Avenue to the center line of 13tn Street, northeast along center line of 13tn Street to center line of Campbell Avenue; thence along center line of Campbetl Avenue in a westerly direction to the center line of a 20fl. alley, with said alley center line in a southerly and westerly direction to southwest corner of tax parcel 1320906, north along boundary of parcel 1320906 to the center line of Campbell Avenue, west along the center line of Campbell Avenue to the center line of 18tn Street, north along 18tn Street center line to intersection of K:\ORDINANCES\O-CA-Rental Inspection Program 060305fi. doc 2 Chapman Avenue, west along Chapman Avenue center line to the center line of Patterson Avenue, east along Patterson Avenue center line to the intersection of 20th Street, north along 20th Street center line to the center line of the Norfolk Southern railroad tracks, east along railroad tracks to its intersection with 9~ Street; thence with center line of 9~ Street to its intersection with Norfolk Avenue, east along center line of Norfolk Avenue to its intersection with 8tn Street, south along the center line of 8tn Street to its intersection with Salem Avenue, to the northeast corner of tax parcel 1111703; along the east boundary crossing Rorer Avenue to the center line of an alley to the northeast corner of tax parce11112310 and thence along the east boundary of tax parcel 1112310 to the center line of Patterson Avenue, east along Patterson Avenue to its intersection with Campbell Avenue, east along center line of Campbell Avenue to its intersection with 5~ Street, south along the center line of 5a Street to its intersection with Marshall Avenue, east along the center line of Marshall Avenue to its intersection with 4ta Street; thence with the center line of 4tn Street in a southerly direction to the center line of an alley; thence with said alley in an easterly direction to its intersection with a 40fi. alley; thence with the center line of said alley in a southerly direction to its intersection with Day Avenue; thence with the center line of Day Avenue in an easterly direction to its intersection with ist Street; thence in a southerly direction with the center line of]st street to its intersection with Elm Avenue; thence easterly with the center line of Elm Avenue to the place of beginning. (ii.) Northwest Rental Inspection District: Beginning at the intersection of Wells Avenue and Commonwealth Avenue, north along center line of Commonwealth Avenue, which becomes 2~ Street to intersection of 2n~ Street and Patton Avenue, west with the center line of Patton Avenue to its intersection with Gainsboro Road, north with the center line of Gainsboro Road to its intersection with Orange Avenue, west with the center line of Orange Avenue to its intersection with 3 ~ Street, north with the center line of 3 ~ Street to its intersection with Carver Avenue, west with the center line of Carver Avenue to its intersection with 5tn Street, south with the center line of 5th Street to its intersection with Orange Avenue, west with the center line of Orange Avenue to the west property line of Lucy Addison Middle School; thence north with the property line to the center line of an alley between Staunton Avenue and Carroll Avenue; thence west with said alley to its intersection with Eighth Street, north with the center line of Eighth Street to a common corner between Tax No. 2030729 and 2030710; thence west through the block to a common east corner of Tax No. 2232213 and 2232214; thence south with the rear property line of Tax No. 2232214; thence west approximately 36feet to the common corner of 2232221 and 2232227; thence south approximately 150fl. to a common east corner of tax parcel 2232227 and 2232220 thence west through the block to its intersection with 10tn Street; then northerly with the center tine of l 0tn Street K:\ORDINANCES\O-CA-Rental Inspection Program 060305tTdoc 3 to its intersection with Andrews Roa& thence westerly with the center line of Andrews Road to its intersection with .Court Street; thence in southwesterly direction to an intersection with a 10' alley; thence in a southwesterly direction to the southeasterly corner of the property line of 2240103 approximately 280fl.; thence with the southerly property line of Tax No. 2240103 approximately 1350 fi. to a point; thence in a northeasterly direction to its intersection with Andrews Roa& thence with the center line of Andrews Road to its intersection with 19th Street; thence in a southerly direction with the center line of19~h Street to its intersection with Carroll Avenue; thence west with the center line of Carroll Avenue to its intersection with 21st Street; thence with the center line of 21st Street in a northeasterly direction crossing Delaware Avenue to a point being the easterly boundary Block 3, Rosemont Subdivision; thence north with the easterly boundary of Rosemont Subdivision to its intersection with Andrews Roa& thence with center line of Andrews Road in a westerly direction to its intersection with Cove Roa& thence in a westerly direction with center line of Cove Road to its intersection with Lafayette Boulevard; thence with the center line of Lafayette Boulevard in a southwesterly direction approximately 260feet to a common corner of Tax No. 2450102 and 2450105; thence in a northwesterly direction 400fl. to a point; thence in a southwesterly direction approximately 450feet to Florida Avenue; thence crossing Florida Avenue approximately 910ff. to the center line of Massachusetts Avenue; thence in a southeasterly direction with the center line of Massachusetts Avenue to its intersection with an alley; thence with the alley center line in a southerly direction approximately 750ft. to its intersection with Clifton Street; thence along the center tine of Clifton Street approximately 70feet to an alley; thence along the alley center line in a southerly direction approximately 350fl. to its intersection New York Avenue; thence crossing New York Avenue to a closed alley; thence along said closed alley approximately 160fi. to an alley; thence southwesterly with alley center line approximately 650fl. to its intersection with Crescent Street; thence with center line of Crescent Street south to its intersection with Melrose Avenue; thence with the center line of Melrose Avenue in a southeasterly direction to its intersection with 24t~ Street; thence with center line of 24th Street in a southerly direction to its intersection with Salem Turnpike; thence with the center line of Salem Turnpike to its intersection with Essex Avenue; thence with center line Essex Avenue to its intersection with 22na Street; thence with center line of 22na Street in a southerly direction to its intersection with Loudon Avenue; thence with center line of Loudon Avenue to its intersection with 18tn Street; thence with the center line of 18th street in a southerly direction to its intersection with Centre Avenue; thence with center line of Centre Avenue to its intersection with 12tn Street; thence with center line of 12th Street to its intersection with Shenandoah Avenue; thence with center line of Shenandoah Avenue to its intersection with 6tn Street; thence with center line of 6tn Street in a northerly direction to its intersection with Centre Avenue; thence with center line of Centre Avenue in an easterly direction to its intersection with 5th Street, north K:\ORDINANCES\O-CA-Rental Inspection Program 060305/Edoc 4 with center line of 5th Street to an alley; thence in a easterly direction with the alley center line to the northeastly corner of Tax No. 201393& thence in a southerly direction approximately 120fi. to its intersection with Wells Avenue; thence with the center line of Wells Avenue to its intersection with Gainsboro Roa& thence with the center line of Gainsboro Road in a northeasterly direction to its intersection with Gilmer Avenue, thence east with the center line of Gilmer Avenue to its intersection with Jefferson Street; south with the center line of Jefferson Street to its intersection with Wells Avenue, east with the center line of Wells Avenue to the point of beginning. (iii) Southeast Rental Inspection District: Beginning at the intersection of Albemarle Avenue and 4th Street, north with the center line of 4th Street to its intersection with Bullitt Avenue, west with the center line of Bullitt Avenue to it intersection with Interstate 581; thence north with the center line of Interstate 581 to its intersection with an alley; thence east with the alley center line to its intersection with 4tn Street; thence north with center line of 4tn Street to its intersection with Tazewell Avenue; thence west with the center line of Tazewell Avenue to its intersection of Interstate 581; thence north with the center line of 581 to its intersection with Church Avenue; thence east with center line of Church Avenue to its intersection with 8a Street; thence north with the center line of 8ta Street to its intersection with Campbell Avenue; thence east with the center line of Campbell Avenue to its intersection with 12t~ Street; thence north with center line of 12t~ Street to its intersection with Wise Avenue; thence east with the center line of Wise Avenue to its intersections with 14th Street; thence north with the center line of 14a Street to its intersection with NorfolkAvenue and Norfolk Southern Railway, follow railway east to intersection with Wise Avenue; thence west with the center line of Wise Avenue to Fallon Park; thence following Fallon Park boundary south and west to corner, then south and east to the center line of 19tn Street; thence south with the center line of 19tn Street to its intersection of Dale Avenue; thence east with the center line of Dale Avenue to northwest corner of Tax No. 4311204; thence in a southerly and westerly direction around said Tax No. 4311204; thence with western boundary of parce14 311201 to the intersection of Montclair Avenue; thence east along southern boundary of Tax No. 4311201, crossing Vernon Street and east along southern boundary of parce14 311306 to its intersection with Norfolk Southern Railroa& thence south with the center line of the railroad to parcel 4321021 (Hooker Furniture.), follow boundary of parcel 4321021 west along its northern boundary to its westernmost corner at the intersection of Norfolk Southern Railway; thence west with center line of railroad to eastern intersection of Tayloe Avenue; thence west with center line of Tayloe Avenue to its intersection with Miami Street; thence south with the center line of Miami Street to its intersection with a loft. alley; thence with alley center line to its intersection with Penrod Avenue (undeveloped); thence in a easterly direction with the center line of Penrod Avenue to its K:\ORDINANCES\O-CA-Rental Inspection Program 060305fi. doc 5 intersections with Buena Vista Boulevard (undeveloped); thence with the center line of Buena Vista Boulevard in a southerly direction to its intersection with Morgan Avenue; thence in a westerly direction with the center line of Morgan Avenue to its intersection with 9tn Street; thence south with the center line of 9th Street to its intersection with Norfolk Southern Railroad; thence with the center line of the railroad west and northwest to southeast corner of parce14022223 ; thence north along eastern boundary of 4022213 to its intersection with Albemarle Avenue; thence west with the center line of Albemarle Avenue to its intersection with 4th Street being the place of beginning. (iv) Westside Boulevard Rental Inspection District: Official Tax Map Nos. 2720113 (105 Westside Boulevard, N. W.), 2720105 (114 Westside Boulevard), 2720112 (213 Westside Boulevard, N. W.), and 2720801 (226 Westside Boulevard, N. W.). (v) Tinker Drive, N.E., Rental Inspection District: Official Tax Map No. 7170401 (2001 Tinker Drive, N.E.). (vi) Williamson Road, N.E. Rental Inspection District: Official Tax Map Nos. 3091003 (2205 Williarnson Road, N.E.) and 3091004 (2205 Williamson Road, N.E.). 2. Section 7-35, Definitions, of the Code of the City of Roanoke (1979) as amended, is amended, to read and provide as follows: Sec. 7 - 35. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Building maintenance code ol~cial means the person charged with enforcing the building code as that term is defined in this article. Chang ............ K:\ORDINANCES\O-CA-Rental Inspection Program 060305ff. doc 6 Dwelling unit means a sin e .... ,. ........ ~, ..... r----, ..... r .............. ~ .......... .... t.n_ ,u:.-../am ~.~,; ....... .~ .... building or structure orpart thereof that is used for a home or residence by one or more persons who maintain a household. The term dwelling unit includes, but is not limited to condominiums, efficiencies, townhomes, manufactured or mobile homes, single-family homes, two-family homes, multifamily homes or multifamily apartments. The term dwelling unit shall not include hospitals, nursing homes, convalescent homes or similar facilities providing medical care to the aged, infirm or disabled, or hotels, motels, inns and other establishments held out for transients, unless such establishments rent primarily to occupants for more than thirty (30) continuous days. Inspection or inspected means an inspection conducted by the city manager. Managing agent means any person having the authority, singly or in combination with another, to enter into an agreement for the occupancy of property subject to this article. Multiple family ............ v.-.'- development means any buddtng or any ......... ~,, o~ series of buildings,..'~"'~";-~,. ~.....~,~ consisting of nc. leg: more than ten (10) dwelling units, occupied for valuable consideration, on a single lot or adjacent lots under common ownership. The term" '-'~ ' -~-'~ .... ~ " mult~v.,, famdy ............ ~.~ development shall not include mobile homes under common ownership in a mobile home park or subdivision, and such term shall not include single-family homes, two-family homes, or townhouses under common ownership. Owner means a person shown on the current real estate assessment books or current real estate assessment records as a any person holding title to real property B ~e C . ag ................ F ................ ~ ........... , ................... ~c ..........:~' ' .......... : .... '~-" The word "om~" shall not include ~y person who merely holds a deed of ~st on re~ prope~. Property means ..wc.2::.~,o an,~ dwelling units which are leased or rented, in whole or in part, to tenants. K:\ORDINANCES\O-CA-Rental Inspection Program 060305fi. doc 7 Building. ~,,~v~,,,~ .... ,.,._..~_~.vv;-* ...... code means that portion of the building code entitled, th~ ICC International Property Maintenance Code, as referred to and adopted by reference in section 7-5 of this Code, and any amendments to, or subsequent editions of, the ICC International Property Maintenance Code., or Rental inspection district means a district established by city council which is subject to this article. Residential rental dwelling unit means a dwelling unit that is leased or rented to one or more tenants. However, a dwelling unit occupied in part by the owner thereof shall not be construed to be a residential rental dwelling unit, unless a tenant occupies apart of the dwelling unit which has its own cooking and sleeping areas, and a bathroom: purpose~. Tenant means any person who is not an owner of the ~ dwelling unit or ide l l d Iii g hi h h pi ~ ......':" ...... "~*'~" -~* res ntia renta we n unit w c e0ccu es ................ 3. Section 7-36, Applicability, of the Code of the City of Roanoke (1979), as amended, is hereby amended by amending subsection (a), and adding subsections (b) and (c), to read and provide as follows: Sec. 7-36. Applicability. The provisions of this article shall apply to all ......... ~...~m ..... t, .... :'" cr rocm:ng' residential rental delling units -~+ ...... "~'~ ~' .............. ~ .u ......... ~o, ..................... a, ......... v ....., ..,...., ....... , which are ......... : ......~--~-:~:+-*:~- _'.':_'.'c.z a rental inspection district or in c_.:r xr:.~:-:. ~1 n~n', .. ~...1~.~7.._;.,. any residential rental dwelling units located outside such districts and declared by city council to be subject to this article pursuant to section 36-105.1.'1 of the Code of Virginia (1950), as amended. Any residential rental dwelling unit located outside such districts but declared by city council to be subject to the provisions of this article shall be identified on the map entitled, Rental Inspection District, dated February 23, 2005, and filed with the city clerk for the city of Roanoke..n....~'...~' .... o.,,.~"':-~. ,,,~ K:\ORDINANCES\O-CA-Rental Inspection Program 060305fi. doc 8 Subsection (a) of this section notwithstanding, the provisions of this article shah not apply to any residential rental dwelling unit unless and until the city manager has complied with the notice requirements set forth in subsection C of section 36-105. l:l of the Code of Virginia (1950), as amended. 4. Section 7-37, Inspection and certificate of compliance required, of the Code of the City of Roanoke (1979), as amended, is hereby amended to read and provide as follows: (i) (ii) K:\ORDINANCES\O-CA-Rental Inspection Program 060305ff. doc 9 Section 7-37. Notification bp owners of residential rental dwelling units. Any owner ora residential rental dwelling unit shall notify the building maintenance code official, on a form prepared by the city manager, ifa dwelling unit is a residential rental dwelling unit. The notification requirements of this section shah be met by the owner or owners of any residential rental dwelling unit not more than seventy-five (75) days after the adoption of this ordinance. The notification requirement of this section for any residential rental dwelling unit created over sixty (60) days after the date of the adoption of this ordinance shah be met within thirty (30) days after the creation of the residential rental dwelling unit or the issuance o fa certificate of occupancy under the building code pertaining to the residential rental dwelling unit, whichever is the first to occur. The penalty for the willful failure o fan owner ora residential rental dwelling unit to comply with the provisions of this section shall be a civil penalty of fifty dollars, and no cents ($50.00). 5. Section 7-38, Exemptions, of the Code of the City of Roanoke (1979), as amended, is hereby amended to read and provide as follows: K:\ORDINANCES\O-CA-Rental Inspection Program 060305ff. doc 10 Section 7-38. Initial inspection ora residential rental dwelling unit. Upon complying with the notification requirements set forth in section 36- 105.1:1 of the Code of Virginia (1950), as amended, the city manager may proceed to inspect any residential rental dwelling unit to determine if the dwelling unit complies with the provisions of the building code that affect the safe, decent and sanitary living conditions for the tenants of such dwelling unit. Subsection (a) of this section notwithstanding, ifa multifamily development has more than ten (10) dwelling units, the city manager may inspect not less than two (2) and not more than ten percent (10%) of such dwelling units in the multifamily development. If the city manager determines upon conducting such inspections that there are violations of the building code which affect the safe, decent and sanitary living conditions for the tenants of such multifamily development, the city manager may inspect as many dwelling units as necessary within the multifamily development to enforce the building code. 6. Section 7°39, Certificate of exemption, of the Code of the City of Roanoke (1979), as mended, is hereby amended by amending subsections (a), (b), (c), and (d), and adding subsections (e) and (0, to read and provide as follows: · . ; K:\ORDINANCES\O-CA-Rental Inspection Program 060305fi. doc 1 1 Sec. 7-39. Exemptions. Upon the initial or periodic inspection of a residential rental dwelling unit subject to this article, and provided that there are no violations of the building code that affect the safe, decent and sanitary living conditions for the tenants of such residential rental dwelling unit, the city manager shah issue to the owner of such residential rental dwelling unit a certificate of exemption from the inspection requirements of this article. The issuance of a certificate of exemption shah exempt the owner or managing agent from the requirements of inspections within this article. The certificate shaH be valid for four (4) years from the date on which the certificate is issued. If a residential rental dwelling unit has been issued a certificate of occupancy for compliance wah the building code within the last four (4) years, the city manager shah issue a certificate of exemption for four (4) years from the date of the issuance of the certificate of occupancy by the building official. If a residential rental dwelling unit which is exempt from this article pursuant to this section becomes in violation of the building code during the exemption period, the city manager may revoke the exemption previously granted under this section. Prior to any such revocation, the city manger shah send byfirst class mail written notice to the owner or managing agent of such residential rental dwelling unit, specifying the nature of the K:\ORDINANCES\O-CA-Rcntal Inspection Program 060305fi. doc 12 violations.found and the date upon which the revocation of the certification of exemption will take effect. Proof of mailing of the last known address of the owner or managing agent of theproperty, by affidavit or otherwise, shall be sufficient evidence that the notice was received. A certificate of exemption shah be issued upon the building commissioner's written determination that a residential rental dwelling unit has been the subject ora building permit for substantial rehabilitation or repair, if such rehabilitation or repair meets the requirements of the building code, and if the extent of the rehabilitation or repair of the entire building or structure in which the residential rental dwelling unit is located is the equivalent of new construction of such building or structure with respect to the general public health, safety and welfare. The exemptions contained in this section notwithstanding, upon the sale ora residential rental dwelling unit, the city manager may perform an initial inspection as provided in section 7-38 of the Code of the City of Roanoke (1979), as amended, subsequent to such sale. 69 In no event does the issuance ora certificate of exemption serve to exempt the owner, managing agent or tenant from compliance with all applicable statutes, laws, and ordinances, including the building code. 7. Section 7-40, Issuance of certificate of compliance, of the Code of the City of Roanoke (1979), as amended, is hereby amended to read and provide as follows: K:\ORDINANCES\O-CA-Rental Inspection Program 060305fi. doc 1 3 Section 7-40. Follow-up inspections. Upon the initial or periodic inspection ora residential rental dwelling unit subject to this article, the city manager may require the owner of the dwelling unit to submit to such follow-up inspections of the dwelling unit as the city manager deems necessary, until such time as the dwelling unit is brought into compliance with the provisions of the building code that affect the safe, decent and sanitary living conditions for the tenants. 8. Section 7-41, Temporary waiver of compliance, of the Code of the City of Roanoke (1979), as amended, is hereby amended to read and provide as follows: K:\ORDINANCES\O-CA-Rental Inspection Program 060305fi. doc 14 Sec. 7-41. Periodic inspections. Except asprovided in sections 7-40 and 7-39(e) of the City Code, following the initial inspection of a residential rental dwelling unit subject to this article, the city manager may inspect a residential rental dwelling unit subject to this article, which is not otherwise exempt from this article, no more than once each calendar year. 9. Section 7-42, Display of proof of compliance, of the Code of the City of Roanoke (1979), as amended, is hereby amended by amending subsections (a) and (b), to read and provide as follows: Sec. %42. Display ofprccfcfccmp!!ancc certificate of exemption. (a) certificate of exemption may be adhered to the ~"'~':-~ ~--'~": ..... ;. ~- rocming residential rental dwelling unit to which it applies. No such sfiehe~ certificate may be adhered to any ......... ~, ......... ~, ~_, ......... ~ residential rental dwelling unit for which the stieA~ certificate was not intended, or issued, and '~5c u:c such display of such a :t]ckcr certificate shall not be mandatory. (b) No stiek-~ certificate referenced in subsection (a) of this section may be displayed upon the receipt of the city manager's notice of revocation of a certificate of exemption, and no ~tickcr rc!atLng tca certificate ofccm~l~anee cr tcm~crary ;:'a~vcr cfcemp!iance ccrti~catc exemption which has expired shall be displayed. 10. Section 7-43, Alteration of proof of compliance, of the Code of the City of Roanoke (1979), as amended, is hereby amended to read and provide as follows: Sec. 7-43. Alteration of~, ........... v ......certificate of exemption. No person may deface or alter a cc.,L:c~,~ ^c .... , ..... · .................. r .... ,: .... ~ certificate of exemption or sticker issued in connection therewith, in whole or in part, without the written permission of the city manager. II. Section 7-44, Fees, of the Code of the City of Roanoke (1979), as amended, is hereby amended to read and provide as follows: K:\ORDINANCES\O-CA-Rental Inspection Program 060305fi. doc 3_5 Section 7-44. Fees. The fees for initial, follow-up and periodic inspections shall be as set forth in the fee compendium as amended from time to time by the city council. 12. Section 7-45. Appeals, of the Code of the City of Roanoke (1979), as amended, is hereby amended by amending subsection (b), to read and provide as follows: Section 7-45. Appeals. (b) Any person aggrieved by any determination or decision of the building maintenance code official made pursuant to this article shall have the right to appeal such determination or decision in accordance with the provisions of the ~ building code. This ordinance shall be in full force and effect on and after July 1, 2005. 13. 14. this ordinance by title is hereby dispensed with. ATTEST: Pursuant to the provisions of Section 12 of the'City Charter, the second reading of K:\ORDINANCES\O-CA-Rental Inspection Program 060305fEdoc ~.6 CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com June 20, 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 BrianJ. Wishneff, Council Member Dear Mayor Harris and Members of Council: Subject: Amendment of Article III, Rental Certificate of Compliance, of Chapter 7, Buildinq Regulations, of the City Code, Rental Inspection Program Background: In 1994, enabling legislation was adopted which allowed localities to require residential rental units in Rehabilitation Area and Conservation Districts to be inspected before a change in occupancy or after the sale of such unit. On September 2, 1997 following an intensive examination of the issues led by the Roanoke Regional Housing Network Rental Inspection Committee ("Rental Inspection Committee"), which consisted of neighborhood citizens, landlords, non-profits, realtors and others, City Council adopted Ordinance No. 33552, the City's Rental Inspection Program. The Rental Inspection Program is intended to protect the public health, safety and welfare by ensuring proper building maintenance and compliance with building regulations applicable to residential rental dwelling units. In 2004, the Legislature amended the enabling legislation to mandate changes to local ordinances for localities enforcing a rental inspection program. An article written by Mr. Mark K. Flynn, Director of Legal Services, Virginia Honorable Mayor Harris and Members of City Council June 20, 2005 Page 2 Municipal League, a copy of which is attached to this letter and labeled Attachment A, provides a good description of the changes in the enabling legislation, as well as a good overview of the history of rental inspection programs in the Commonwealth. As a result of the amendments to the enabling legislation, the Rental Inspection Committee was reconvened to review and endorse an amended Rental Inspection Program ordinance that complies with the changes in state law. The amendments to the Virginia Code mandate a number of changes to the City Code, including the following: 1. ^ rental inspection program may be conducted only in a rental inspection district for which City Council has made the following findings: a. there is a need to protect the public health, safety and welfare of the occupants of residential rental dwelling units within the designated rental inspection district; the residential rental dwelling units within the designated district are blighted or in the process of deteriorating, or the residential rental dwelling units are in need of inspection by the building department to prevent deterioration, taking into account the number, age and condition of the residential dwelling rental units inside the proposed rental inspection district; and the inspection of residential rental dwelling units inside the proposed rental inspection district is necessary to maintain safe, decent and sanitary living conditions for tenants and other residents living in the proposed rental inspection district. 2. Upon inspection of a residential rental dwelling unit, if there are no violations of the building code that affect the safe, decent and sanitary conditions for the tenants of such rental unit, the rental unit is exempt from rental inspection for a minimum of four (4) years. 3. Upon adoption of a rental inspection ordinance, the building department is required to make reasonable efforts to notify owners of residential rental dwelling units in the designated rental inspection district and provide information and an explanation of the rental inspection ordinance and the responsibilities of the owner under the ordinance. 4. The City is authorized to require all owners of residential rental dwelling units in a rental inspection district to notify the building department if the Honorable Mayor Harris and Members of City Council June 20, 2005 Page 3 dwelling unit is used for residential rental purposes, but no fee may be charged for such registration. A copy of a map delineating the boundaries of the rental inspection districts is attached as Attachment B. The boundaries are based upon research data compiled from the U.S. Census Bureau, the City of Roanoke GIS System, and the City of Roanoke Code Enforcement database. Housing and Neighborhood Services remains committed to the Rental Inspection Program to reduce unsafe conditions in residential rental property and to encourage preventative maintenance to preserve good, quality rental housing. Recommended Actions: Make the findings required by the Virginia Code and approve the amendments to the City of Roanoke Rental Inspection Program, effective July 1, 2005, as set forth in the ordinance submitted with this report. Respectfully submitted, City Manage~J DLB:dlc Attach ments C: William M. Hackworth, City Attorney Jesse Hall, Director of Finance Mary F. Parker, City Clerk Rolanda Russell, Assistant City Manager for Community Development Dan Webb, Acting Director of Housing and Neighborhood Services CM05-00076 RENTAL INSPECTION PROGRAMS IN VIRGINIA- PAST AND PRESENT Mark K Flynn Virginia Municipal League '['his article is aimed at describing thc law that allows local governments to use a rental inspection program in order to gale access to residential rental units in order to inspect for building code purposes. The article will 'describe why local governments use rental inspection programs; how the rental inspection law pasned by the 2004 session of the General Assembly works, and will include some comments on the process of writing the new Jaw. The reasons that local governments, particularly the larger, older cities are interested in inspecting rental inspection arc twofold: 1. Io ensure that rental units are safe for transient populations who are least likely to demand inspections when a rental unit is unsati~; and 2. to avoid neighborhoods sliding into b~ight due to decaying rental properties. Rental inspection programs typically apply only in areas that have older or substandard rental housing. Thc residents who are likely to live in those areas arc the least likely to take steps to complain to a city when unsafe conditions exist in their units where building code violations exist. They fear, often justifiably, that if they complain the landlord will evict them. They feel that thcy have no power to summon government .inspectors. In the more recent past, immigrant populations have been even less likely to complain to an inspections department about emigrated from countries where the citizens have as lit~lc lo do with the government as possible, for fear of government reprisal. Despite America's very different government, it is hard to shake the p~rceptions that kept them alive back in the home Rental inspection programs have one primary purpose: to allow local govemmern inspectors a way re gain access to residential rental units on a regular, r~corring basis to inspect for building code compliance. With that authority, the inspectors do not have to wait for the fatal fire to discover that the wiring was bare in an apartment, or that the safe~y features of an oil furnace have been disconnected. Rental inspection programs do not include the substantive provisions of the building code, but are limited to a means to gain entry. Generally, the building code operates to allow an inspector to eater a structure only in thrce situations: I. Invitation by a person with authority to allow entrance; 2. Complaint of a violation by thc occupant or other person; or 3. Personal observation ora violation. As slated eadier in the article, a rental inspcedon progrmn exists to avoid Ihe rental units slipping into blight. Inspections ate needed to ensure that violations do not exist. Therefore, the normal methods to gain access do not apply. Rental inspection programs have been used by a few older cities for more than twenty-~qve years. Thc authority to adopt a rental inspection progrmn was enacted by the Geaera~ Ass~mbty in 1994. The original authority was a one-paragraph addition to Va. Code § 36-105 in 1994. The cities that had the programs earlier relied on their charters' police The original authority, which existed in the same basic form from 1994 until 2004, provided, for not highly important in larger cities with large apartment complexes, because some localities could for the locality to know when a tenancy would Page 16 citizens, who had been in the same apartment tbr years. The conflict ]ed to a lawsuit by the rental unit o'~ner$ in one city against thc city, claiming that the city lacked authority to rcqtfirc registrahon and lacked attthorlty to charge a registration fee. The conflict also led to legislation being flied in the 2003 session of thc Gcnc~:al Assembly. The Virginia Municipal Lenguc and a group of cities and towns with the programs negotiated with thc realtors' groups to try to reach a compromisc. In thc end, Governor Warner vetoed the bill. The veto was a wise move, as the negotiations had not led to a workable compromise. in 2004, then-delegale Thclma Drake introduced HB 828 to rewrite the rental inspection program authority. The bill as submitted, severely limited local authority to t;arry out rental inspection programs. However, in contrast to the 2003 session, local governments and VML had worked together to identify governments' major needs in executing rental inspection programs, so that when the session started, there was a large degree ofagrecment among Ihe local governments interested in the issue so theix negotiators knew how to proceed. The landowner and government sides spent many hours during the 2004 seSsion negotiating thc new law, Thc ncw rental inspection program law is considered to be a major improvemcnt over the prior law. The new law is Va. Code § 36-I05.1:1. It astablishas a process for local inspectors to gain access to renta~ units on a regular basis. It does not create any substantive public safety standards; does not change the building eode's many provisions about the specifications in a rental unit. It is limited to giving local governments a mechanism to gain access to residential rental units to carry out their inspections and to providing a program that protects privale interests. finding that the ordinance is "necessary to maintain safe, decent and sanitary living conditions fhr tenants and other residents living in thc proposed rental inspection district." (Subsection B.3.) In adopting an ordinance, the section prohibits a Iocalit'j-wide district. (Subsecticm B.2.) On the other extreme, the locality may apply the ordinance to a single building if the governing body finds that it is blighted or slipping into blighted conditions and that building',code violations exist and that the public safety demands the inspections. (Subsection B.3.) As stated, unlike in the programs under thc prior law, no regisfration is allot, ed. Further, because the inspections under the new law are not related to a change in the tenancy, the locality does not need the same information that was provided in a registration program. However, the new law providcs tbr notice by the local inspections department to the landlord community that the program exists and provides for notice by the landlords ZO the department of the existence of the rental units. After adopting the ordinance, the inspections department is required by subsection C.] to make reasonable efforts to notify all landlords of the new program. ThoreaRer, the landlords must send in a tbrm that was senl to them by the locality identifying the address of the rental units, the number of units, the owner's name and address, the name and address of any property manager or business that is responsible for managing the units. The information is aimed at giving the locality information that the units exist and who to contact when inspections are planned and when building t:ocle violations arise. Ifa rental unit owner fails to provide notice, the maximum penalty is a $50.00 civil p~nalty. The penalty can be charged only aRct the locality gives personal notic~ of the ordinance and requirements to the owner, which may be carried out by first class mail. Under Va. Code § 36-]05.1:1, the locality must adopt a rental inspection program ordinance. The locality must advertise for a public hearing (two weeks' ads, subsection C.]). The ordinance creates one or more rental inspection districts, based on fi~ldings that the locality nccds to protcct thc safcb/ and health of the residents of the districts; that the areas proposed to be in Ihe districts are blighted or in the process of deteriorating; or that a district is required to prevent deterioration, ba~ed on the number and age of the residential rental units in the district. Further, the governing body must make a Once the ordinance is adopted and owners hav~- sent in the fonns required by the locality, the' Ioeality's building or inspections department beginS an initial set of inspections. (Subsection D.) [f a rental project has more than l0 units, it may only inspect a sample of not less than two and not more than ten percent of the number of units. If the sample does not disclose violations, that's it. If the sample finds violations, than the iaspectors may inspect more units. (Subsection E.) Page 17 AQer the initial inspections, the locality may carry out periodic inspections no more than once a calendar year. (Subsection F.2.) If, during any inspection, serious violations of the building code or property maintenance code discovered, the locality may return for one or more follow-up inspections until the problems are fixed. (Subsection ~.!.) Rental units that arc found to be in comp]lance with thc codec arc eligible for an exemption from inspections for a minimum period o~' four ycars, pursuant to subsection G. Further, ifa rental unit has received a certificate of occupancy within the last four years, h is to be exempt for a period of four years, C]cnerally, certifcatas of occupan~;y are issued only ~o new units or those which have been substantiaUy rehabilitated. However, if any exempt unit is sold, thc tocality has the right to carry out a periodic inspection. If a violation is discovered during an exemption period, the exemption may be revoked by thc locality. The locality may charge a per-unit inspection fee as a part of the program pursuant to subsection H. Localhias are generally adopting fee schedules that ramp up the per-inspection fee when follow, up insp~tions are required because thc owner has failed to fix Ih: problems. Section 36-105.1:1.1 ma~es it clear that it does not alt~r the rights and responsibilities under the landlord and tenant act. Further, subsection J is a key provision: the section does not alter the requirements of the building code. This is a key prov~sion in the new law that demonstrates that the law is aimed at one major pnq~ose - to provide a mechanism for local governments to gain access to rental unils on a regular basis without having to usc one of the traditional means of gaining access. Localities do not have to wait for the problems in a rental project to become so severe that they are an immediate health, safety and welfare threat in the case o[rental units in rental inspection districL~. As stated at the beginning of Ibis article, a number of localities have rental inspection programs m~dcr their charters or under thc earlier, repealcd provisions in Title 36~ Ali such programs rnu.~ comply with the new law by I July 2005. The parties that created the new rental inspection program arc hopeful and confident that it will operate to help make blight-susceptible neighborhoods stronger without making enemies between local inspections dcpantments and the landlord community. Time will tell. Page 18 ROANOKE Rental Inspection Districts June 2005 A The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times HOUSING & NEIGHBORHOOD SERVICE 215 CHURCH AVENUE, W ROANOKE VA 24011 REFERENCE: 80130475 06347869 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 Virginia. Sworn and subscribed before me this ~. _~__day of June 2005. Witness my hand an __~LA~__~_ C '/~L~ otary P~ic PUBLISHED ON: 06/06 06/13 TOTAL COST: 3,015.76 FILED ON: 06/10/05 .................................................. Authorized __~ Signature:__ Billing Services Representative NOTICE OF PUBLIC HEARING CITY OF ROANOKE RENTAL INSPECTION PROGRAM The City of Roanoke announces a public hearing at 7:00 p.m., June 20, 2005, in the Council Chamber on Fourth Floor of the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., in the City of Roanoke, on a rental inspection ordinance and districts to which it will apply. The ordinance will establish Rental Inspection Districts which will encompass the following areas in the City of Roanoke: (i) Southwest Rental Inspection District: Beginning at the center of Elm Avenue and Jefferson Street, south with center line of Jefferson Street to Route 220 overpass, follow Route 220 northerly R/W line to where it passes over Norfolk Southern railroad tracks, from previous point follow railroad tracks northwest to southeast comer of tax parcel 1220907, northeast along property line of 1220907 to center line of Cleveland Avenue, southeast along center line of Cleveland Avenue to the center line of 13th Street, northeast along center line of 13th Street to center line of Campbell Avenue; thence along center line of Campbell Avenue in a westerly direction to the center line of a 20 ft. alley, with said alley center line in a southerly and westerly direction to southwest comer of tax parcel 1320906, north along boundary of parcel 1320906 to the center line of Campbell Avenue, west along the center line of Campbell Avenue to the center line of 18th Street, north along 18th Street center line to intersection of Chapman Avenue, west along Chapman Avenue center line to the center line of Patterson Avenue, east along Patterson Avenue center line to the intersection of 20th Street, north along 20th Street center line to the center line of the Norfolk Southern railroad tracks, east along railroad tracks to its intersection with 9½ Street; thence with center line of 9½ Street to its intersection with Norfolk Avenue, east along center line of Norfolk Avenue to its intersection with 8th Street, south along the center line of 8th Street to its intersection with Salem Avenue, to the northeast comer of tax parcel 1111703; along the east boundary crossing Rorer Avenue to the center line of an alley to the northeast comer of tax parcel 1112310 and thence along the east boundary of tax parcel 1112310 to the center line of Patterson Avenue, east along Patterson Avenue to its intersection with Campbell Avenue, east along center line of Campbell Avenue to its intersection with 5th Street, south along the center line of 5th Street to its intersection with Marshall Avenue, east along the center line of Marshall Avenue to its intersection with 4th Street; thence with the center line of 4th Street in a southerly direction to the center line of an alley; thence with said alley in an easterly direction to its intersection with a 40 ft. alley; thence with the center line of said alley in a southerly direction to its intersection with Day Avenue; thence with the center line of Day Avenue in an easterly direction to its intersection with 1st Street; thence in a southerly direction with the center line of 1st street to its intersection with Elm Avenue; thence easterly with the center line of Elm Avenue to the place of beginning. (ii) Northwest Rental Inspection District: Beginning at the intersection of Wells Avenue and Commonwealth Avenue, north along center line of Commonwealth Avenue, which becomes 2nd Street tointersection' of 2nd Street and Patton Avenue, west with the center line of Patton Avenue to its intersection with Gainsboro Road, north with the center line of Gainsboro Road to its intersection with Orange Avenue, west with the center line of Orange Avenue to its intersection with 3½ Street, north with the center line of 3½ Street to its intersection with Carver Avenue, west with the center line of Carver Avenue to its intersection with 5th Street, south with the center line of 5th Street to its intersection with Orange Avenue, west with the center line of Orange Avenue to the west property line of Lucy Addison Middle School; thence north with the property line to the center line of an alley between Staunton Avenue and Carroll Avenue; thence west with said alley to its intersection with Eighth Street, north with the center line of Eighth Street to a common comer between Tax No. 2030729 and 2030710; thence west through the block to a common east comer of Tax No. 2232213 and 2232214; thence south with the rear property line of Tax No. 2232214; thence west approximately 36 feet to the common comer of 2232221 and 2232227; thence south approximately 150 fl. to a common east comer of tax parcel 2232227 and 2232220 thence west through the block to its intersection with l0th Street; then northerly with the center line of l0th Street to its intersection with Andrews Road; thence westerly with the center line of Andrews Road to its intersection with Court Street; thence in southwesterly direction to an intersection with a 10' alley; thence in a southwesterly direction to the southeasterly comer of the property line of 2240103 approximately 280 ft.; thence with the southerly property line of Tax No. 2240103 approximately 1350 ft. to a point; thence in a northeasterly direction to its intersection with Andrews Road; thence with the center line of Andrews Road to its intersection with 19th Street; thence in a southerly direction with the center line of 19th Street to its intersection with Carroll Avenue; thence west with the center line of Carroll Avenue to its intersection with 21st Street; thence with the center line of 21st Street in a northeasterly direction crossing Delaware Avenue to a point being the easterly boundary Block 3, Rosemont Subdivision; thence north with the easterly boundary of Rosemont Subdivision to its intersection with Andrews Road; thence with center line of Andrews Road in a westerly direction to its intersection with Cove Road; thence in a westerly direction with center line of Cove Road to its intersection with Lafayette Boulevard; thence with the center line of Lafayette Boulevard in a southwesterly direction approximately 260 feet to a common comer of Tax No. 2450102 and 2450105; thence in a northwesterly direction 400 ft. to a point; thence in a southwesterly direction approximately 450 feet to Florida Avenue; thence crossing Florida Avenue approximately 910 ft. to the center line of Massachusetts Avenue; thence in a southeasterly direction with the center line of Massachusetts Avenue to its intersection with an alley; thence with the alley center line in a southerly direction approximately 750 ft. to its intersection with Clifton Street; thence along the center line of Clifton Street approximately 70 feet to an alley; thence along the alley center line in a southerly direction approximately 350 ft. to its intersection New York Avenue; thence crossing New York Avenue to a closed alley; thence along said closed alley approximately 160 ft. to an alley; thence southwesterly with alley center line approximately 650 ft. to its intersection with Crescent Street; thence with center line of Crescent Street south to its intersection with Melrose Avenue; thence with the center line of Melrose Avenue in a southeasterly direction to its intersection with 24th Street; thence with center line of 24th Street in a southerly direction to its intersection with Salem Turnpike; thence with the center line of Salem Turnpike to its intersection with Essex Avenue; thence with center line Essex Avenue to its intersection with 22nd Street; thence with center line of 22ntl Street in a southerly direction to its intersection with Loudon Avenue; thence with center line of Loudon Avenue to its intersection with 18th Street; thence with the center line of 18th street in a southerly direction to its intersection with Centre Avenue; thence with center line of Centre Avenue to its intersection with 12th Street; thence with center line of 12th Street to its intersection with Shenandoah Avenue; thence with center line of Shenandoah Avenue to its intersection with 6th Street; thence with center line of 6th Street in a northerly direction to its intersection with Centre Avenue; thence with center line of Centre Avenue in an easterly direction to its intersection with 5th Street, north with center line of 5th Street to an alley; thence in a easterly direction with the alley center line to the northeastly comer of Tax No. 2013938; thence in a southerly direction approximately 120 ft. to its intersection with Wells Avenue; thence with the center line of Wells Avenue to its intersection with Gainsboro Road; thence with the center line of Gainsboro Road in a northeasterly direction to its intersection with Gilmer Avenue, thence east with the center line of Gilmer Avenue to its intersection with Jefferson Street; south with the center line of Jefferson Street to its intersection with Wells Avenue, east with the center line of Wells Avenue to the point of beginning. (iii) Southeast Rental Inspection District: Beginning at the intersection of Albemarle Avenue and 4th Street, north with the center line of 4th Street to its intersection with Bullitt Avenue, west with the center line of Bullitt Avenue to it intersection with Interstate 581; thence north with the center line of Interstate 581 to its intersection with an alley; thence east with the alley center line to its intersection with 4t" Street; thence north with center line of 4th Street to its intersection with Tazewell Avenue; thence west with the center line of Tazewell Avenue to its intersection of Interstate 581; thence north with the center line of 581 to its intersection with Church Avenue; thence east with center line of Church Avenue to its intersection with 8th Street; thence north with the center line of 8th Street to its intersection with Campbell Avenue; thence east with the center line of Campbell Avenue to its intersection with 12th Street; thence north with center line of 12th Street to its intersection with Wise Avenue; thence east with the center line of Wise Avenue to its intersections with 14th Street; thence north with the center line of 14th Street to its intersection with Norfolk Avenue and Norfolk Southern Railway, follow railway east to intersection with Wise Avenue; thence west with the center line of Wise Avenue to Fallon Park; thence following Fallon Park boundary south and west to corner, then south and east to the center line of 19th Street; thence south with the center line of 19th Street to its intersection of Dale Avenue; thence east with the center line of Dale Avenue to northwest corner of Tax No. 4311204; thence in a southerly and westerly direction around said Tax No. 4311204; thence with western boundary of parcel 4311201 to the intersection of Montclair Avenue; thence east along southern boundary of Tax No. 4311201, crossing Vernon Street and east along southern boundary of parcel 4311306 to its intersection with Norfolk Southern Railroad; thence south with the center line of the railroad to parcel 4321021 (Hooker Furniture), follow boundary of parcel 4321021 west along its northern boundary to its westernmost corner at the intersection of Norfolk Southern Railway; thence west with center line of railroad to eastern intersection of Tayloe Avenue; thence west with center line of Tayloe Avenue to its intersection with Miami Street; thence south with the center line of Miami Street to its intersection with a 10 ft. alley; thence with alley center line to its intersection with Penrod Avenue (undeveloped); thence in a easterly direction with the center line of Penrod Avenue to its intersections with Buena Vista Boulevard (undeveloped); thence with the center line of Buena Vista Boulevard in a southerly direction to its intersection with Morgan Avenue; thence in a westerly direction with the center line of Morgan Avenue to its intersection with 9th Street; thence south with the center line of 9th Street to its intersection with Norfolk Southern Railroad; thence with the center line of the railroad west and northwest to southeast comer of parcel 4022223; thence north along eastern boundary of 4022213 to its intersection with Albemarle Avenue; thence west with the center line of Albemarle Avenue to its intersection with 4th Street being the place of beginning. (iv) Westside Boulevard Rental Inspection District: Official Tax Map Nos. 2720113 (105 Westside Boulevard, N.W.), 2720105 (114 Westside Boulevard), 2720112 (213 Westside Boulevard, N.W.), and 2720801 (226 Westside Boulevard, N.W.). (v) Tinker Drive, N.E., Rental Inspection District: Official Tax Map No. 7170401 ( 2001 Tinker Drive, N.E.). (vi) Williamson Road, N.E. Rental Inspection District: Official Tax Map Nos. 3091003 ( 2205 Williamson Road, N.E.) and 3091004 (2205 Williamson Road, N.E.). Detailed maps of the proposed districts are available for review at the Department of Housing and Neighborhood Services, at 215 Church Avenue, S.W., Room 167, Roanoke, Virginia, during ordinary business hours. Under the proposed ordinance, certain residential rental dwelling units are subject to inspection for compliance with the provisions of the building code for existing structures which affect the safe, decent and sanitary living conditions for tenants. Fees for the initial inspection of a residential rental dwelling unit, and any required follow-up inspection, will apply. Any owner of a residential rental dwelling unit must notify the building maintenance code official if a dwelling unit is a residential rental dwelling unit within 75 days of adoption of the ordinance, or within 30 days of the creation of a residential rental dwelling unit, if such unit is created over 60 days after the adoption of the ordinance creating the district. Willful failure of an owner to notify the building maintenance code official of the existence of a residential rental dwelling unit may result in a civil penalty of $50.00. Certain dwelling units are exempt from the provisions of the ordinance, and an exemption may be revoked by the City Manager for the City of Roanoke under certain circumstances. A copy of the proposed ordinance is available for public inspection at the Department of Housing and Neighborhood Services, at 215 Church Avenue, S.W., Room 167, Roanoke, Virginia 24011. Please call 853-2344 for further information. All persons interested in being heard on the adoption of this ordinance or the creation of the rental inspection districts are invited to speak at the above time and place. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, 853-2541, by Thursday, June 16, 2005. GIVEN under my hand this 3rd day of June ,2005. Mary F. Parker, City Clerk Notice to Publisher: Publish in the Roanoke Times once on Monday, June 6, 2005, and Monday, June 13, 2005. Send affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 Send bill to: Dan Webb Housing & Neighborhood Services 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-1046 c rr.or o?or Offl¢~ of tho C~t¥ Cl~rk Mary F. Parker, CMC City Clerk June 27, 2005 Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk File #2-9-166 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 37106-062005 authorizing the City Manager to execute the necessary documents to convey City-owned property, which houses Fire Station #10 located at 5268 Aviation Drive, N. W., Official Tax No. 6560101, containing approximately 2.67 acres, to the Roanoke Regional Airport Commission; and authorizing the City Manager to execute a letter dated May 27, 2005, agreeing to certain terms and conditions for the continued operation of the Station and an amendment to the 1987 contract with the Roanoke Regional Airport Commission, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 20, 2005, and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon, CMC Deputy City Clerk SMM:ew Attachment Darlene L. Burcham June 27, 2005 Page 2 pc: Jacqueline L. Shuck, Executive Director, Roanoke Regional Airport, 5202 Aviation Drive, N. W., Roanoke, Virginia 24012-1].48 Jesse A. Hall, Director of Finance Philip C. Schirmer, City Engineer IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of June, 2005. No. 37106-062005. AN ORDINANCE authorizing the City Manager to execute the necessary documents to convey City-owned property, which houses Fire Station #10 located at 5268 Aviation Drive, bearing Tax No. 6560101, containing approximately 2.67 acres, to the Roanoke Regional Airport Commission; authorizing the City Manager to execute a letter dated May 27, 2005, agreeing to certain terms and conditions for the continued operation of the Station; and authorizing the City Manager to execute an amendment to the 1987 contract with the Roanoke Regional Airport Commission, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. WHEREAS, a public heating was held on June 20, 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 on the proposed conveyance. BE IT ORDAINED by the Council of the City of Roanoke, Virginia that: 1. The City Manager and City Clerk are authorized to execute and attest, respectively, upon form approved by the City Attorney, the necessary documents to convey City- owned property which houses Fire Station #10 located at 5268 Aviation Drive, beating Tax No. 6560101, containing approximately 2.67 acres, to the Roanoke Regional Airport Commission, upon certain terms and conditions, as more particularly described in the City Manager's letter to City Council dated June 20, 2005. 2. The City Manager is authorized to execute, upon form approved by the City Attorney, the letter dated May 27, 2005, from the Executive Director of the Roanoke Regional Airport, agreeing to certain terms and conditions for the continued operation of the Station. 3. The City Manager and City Clerk are authorized to execute and attest, respectively, upon form approved by the City Attorney, an amendment to paragraphs 5 and 21Co) of the 1987 contract with the Roanoke Regional Airport Commission to make it consistent with the terms of the letter dated May 27, 2005, from the Executive Director of the Roanoke Regional Airport, as more particularly described in the City Manager's letter to City Council dated June 20, 2005. 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. orr.or o?or Off, ce of the City Clerk Mary F. Parker, CMC City Clerk June 27, 2005 File #2-9-166 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. 37107-062005 establishing a revenue estimate from the sale of property on Aviation Drive, N. W.; appropriating funds for the new construction of the Fire-EMS Stations #3 and #5, and amending and reordaining certain sections of the 2004-2005 Capital Projects Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 20, 2005, and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon, CMC Deputy City Clerk SMM:ew Attachment Jesse A. Hall June 27, 2005 Page 2 pc: Jacqueline L. Shuck, Executive Director, Roanoke Regional Airport, 5202 Aviation Drive, N. W., Roanoke, Virginia 24012-1148 Darlene L. Burcham, City Manager Philip C. Schirmer, City Engineer 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 20th day of June, 2005~~ No. 37107-062005. AN ORDINANCE to establish a revenue estimate {rom the sale of property on Aviation Drive and to appropriate funding for the new construction of the Fire-EMS Stations #3 and #5, amending and reordaining certain sections of the 2004-2005 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this °rdinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2004-2005 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from General Revenue Appropriated from General Revenue Revenues Sale of Property on Aviation Drive 008-530-9680-9003 008-530-9681-9003 $ 485,862 285,801 008-530-9680-9820 771,663 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. CITY OF ROANOKE OFFICE OF THE C1TY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com June 20,2005 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: Conveyance of City Owned Property To Roanoke Regional Airport Commission - Tax 6560101 The City owns property located at 5268 Aviation Drive that houses Fire Station #10. This parcel contains approximately 2.67 acres. The City desires to convey this parcel to the Roanoke Regional Airport Commission, for the consideration of $771,663, with certain terms and conditions, including the right of the City to continue to use the station for up to five years. In accordance with the City's Economic and Community Development Reserve Policy, the proceeds from this sale will be used for the purchase of land for fire stations. The City will retain use of Station #10 for up to 5 years, pay 50% of the operating costs, (including utilities, phone service, service contracts, building supplies, and other such costs), and continue to provide minor maintenance and cleaning services. The City will also pay 50% of normal maintenance and repair costs that are less than $5,000 per item, and station personnel will maintain the grounds. Recommended Action(s): Authorize the City Manager to execute the following documents, approved as to form by the City Attorney: A deed conveying the property with special warranty of title to the Roanoke Regional Airport Commission, subject to the terms and conditions set out above. Honorable Mayor and Members of City Council June 20, 2005 Page 2 · The attached letter dated May 27, 2005, from Jacqueline Shuck, Executive Director of the Roanoke Regional Airport, agreeing to certain terms and conditions for the continued operation of the Station. · An amendment to paragraphs 5 and 21 (b) of the 1987 contract with the Roanoke Regional Airport Commission, to make it consistent with the terms of Ms. Shuck's letter of May 27, 2005. Adopt the accompanying budget ordinance to establish a revenue estimate for the sale of property in the amount of $771,663 in the Capital Projects Fund. The budget ordinance appropriates this funding to accounts to be established by the Director of Finance entitled Fire-EMS Station 3 ($485,862) and Fire-EMS Station 5 ($285,801). Respectfully submitted, City Manag~r 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 CM05-00068 Atlachment # 1 Attachment #2 ~OANOKE_ REGIONAL AIRPORT COMMISSION Ma5' 27. 2005 Re: Purchase fi'om City of Fire Station No. i0; approx. 2.67 acre, at 5268 _Ayiation Drive~ Cig Tax Map~0, 56~0!01~2. ProA~rty-) George ( Snead, Jr Assistant City. Manager fi)r Operations Dear (;hip: As I pron se.d, here are the proposed detailed terms and conditions of the sale and ccmrhmed use of tile abc)ye-captioned Property that we discussed earlier AS previously agreed, thc purchase price as determined by appraisal and confirmed b? review appraisal is $771.663.00 Fhe Commission has completed environmemal, sm'roy, title commitment and FAA approval work necessary ['or the pmclmse We understand that thc City is beginning the legal process necessary to authorize dx: sale The parties must use their best ¢['['orts to close on the purchase by July 18, 2005 so tha~ the Commission can send its request for reimbursement and project ch>se-mit dc*cmmmtation to the FAA no later than July 22, 2005; otherwise, the grant will expire and Emxls necessary £or thc purchase will not be available. Ibc following general terms and conditmns would be applicable to use oEthe pioper .fy ti:. ape 'iod of up to 5 years al'ier closing, after which time, use of the property by the C 5, u, mtk c~thcr e'minate or bc subject to negotiation of a reasonable rent: The City may continue to use the property for a structural and/or ARFF tim smlinn for up to five years in return for selling the property to the ('onm~ission by the agove specified date at thc referenced price and providing the services and payments specified herein. The City shall continue to he responsible for all day to day maintenance and upkeep of the fire station building (excluding straetural repair and HVAC 5 maintenance) nc uding, without limitation, cleaning, mowing the grass, re ~oving sn ~v, interior painting and fimshes, minor plumbing, cabinets, changing light bulbs, and providing cleaning supp les, paper, etc. part/es will share on a equal basis (50/50) all costs of operating the sram)n, including, without lira taboo utilities phone service, serv ce .'m~tracts, building supplies, and any other normal operational costs. Boih parties wilt share on an eqmd basis i50/501 the cos ot's[mctural repairs and ~VAC and extraordinary maintenance costing tess than $5,000 uer iten Ibc parties shall share the cost of capital improvements in excess of $5,000 ~mdenaken hy thc Commission and necessary to maintain the building or safety of/ts personnel hy dividing the cost over the useful life of the m~provement to determine an ,'mnual cosl, and then prorate 56/50 per year. l~x ;ep~ for an nnexpected complete system failure, all such capital ~mprovements shall be presented by the Comrmssion as part of the annual hndget ()r~ or he~hre February 10 o£each year, City shall provide Commission with a proposed annual budget for ARFF services (including salarics and such ~ems as ARFF eqmpment and suits, AFFF, lrainmg materials and finesses, ,to I to be provided or reimbursed by Commission. t'4(x h) Mmcb 3 l of each year, Comm ss on will provktc City with a proposed annual budget related to the estimated operating costs, expenses and m~provemcnts for the huilding r, h *]ect on of (tls, a a nounts duc the: Commission may he deducted h'om amount, otherwise due to the City for ARFF persomtel services; otherwise suob arno/rots sha[I be hilled lnonthly by ~he Cormnission. [ he Commis.;ioa sltal/maintain fire insurance on the structure, but shall not maintain any insurance on the City's property or equlpntent, The ('ommisgien shall not be obligated to rebuild in the event of destruction of the huiMing, 1 o Ibc extent any of these terms and conditions clearly modi~ thc ex st ng p:o~smns of the January 27, 1987. Roanoke Regtonal Airport Commission (' ntract both parr/es wilt execute ally necessary documentation. lhe temps and conditions contained in this letter shall survive closing on the 12 Sonic or all of thc terms and conditions contained in this agreement are ~nhject to final approval by Roanoke (;its, Council and the Roanoke Re~iona A mort Commission If the fbrgoing accurately sets forth the agreement between the City and (;ommiss*on regar&ng tile mrebase and use of the PropenT please execute this letter as Sincerely, ~huck Executive Director (;ornmissmm subj~ ct to the specific approval of the Roanoke City Council and the Roanoke Regional &iq)or Commission 'fide: 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 06346633 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 Virginia. Sworn and subscribed before me this ~l~ldasYea°~/une 2005',~'--. /~ x~9~f ; Witness my hand an __~~_~3_~-'~1~/~ Notary P~lic MYl~ ommi~/~;~-~xV~i~_~--~[~__~¢__. PUBLISHED ON: 06/10 TOTAL COST: FILED ON: 146.74 06/z0/05 I Roanoke Re~lonll Airport, on which the City's current opp~rtunlty to be h~ard and express their oplnlon~ on Authori zed __~_~___~ Signature: ............ , Billing Services Representative NOTICE OF PUBLIC HEARING The City of Roanoke proposes to convey to the Roanoke Regional Airport Commission certain City-owned property near the Roanoke Regional Airport, on which the City's current Fire Station No. 10 is situated, at 5268 Aviation Drive, bearing Official Tax No. 6560101 and containing 2.67 acres, more or less. Pursuant to the requirements of§§l 5.2-1800(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 to be held on Monday, June 20, 2005, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Further information is available from the Office of City Attorney for the City of Roanoke at (540) 853-2431. Citizens shall have the opportunity to be heard and express their opinions on said matter. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, 853-2541, by Thursday, June 16, 2005. GIVEN under my hand this 6th day of June , 2005 . Mary F. Parker, City Clerk. Note to Publisher: Please publish once in The Roanoke Times on Friday, June 10, 2005. Send Publisher's Affidavit and Bill to: Mary F. Parker, City Clerk 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City, Clerk Sheila N. Hartman Assistant City Clerk June 27,2005 File #2-142-166 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 37108-062005 authorizing the City Manager to execute the necessary documents providing for conveyance of a .2661 acre parcel of City-owned property known as Tract B-l, identified as Official Tax No. 10~.2407, together with a 24-foot access easement across City-owned property known as Tract B-2 to the American National Red Cross, in exchange for three parcels identified as Official Tax Nos. 1113512 - 1].135].4, respectively, located at the corner of Fifth Street and Luck Avenue, S. W., for future development of a downtown parking garage, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 20, 2005, and is in full force and effect upon its passage. SMM:ew Sincerely, Stephanie M. Moon, CMC Deputy City Clerk Darlene L Burcham June 27, 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 THECOUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of June, 2005. No. 37108-062005. AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of a .2661 acre parcel of City-owned property known as Tract B-l, beating Official Tax No. 1012407, together with a 24 foot access easement across City-owned property known as Tract B-2, to the American National Red Cross, in exchange for three parcels beating Official Tax Nos. 1113512, 1113513, and 1113514, located at the comer of Fifth Street and Luck Avenue, S.W., for future development of a downtown parking garage, upon certain terms and conditions; and dispensing with the second reading of this ordinance. WHEREAS, a public hearing was held on June 20, 2005, pursuant to §§15.2-1800(B) and 15.2-1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said conveyance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, the necessary documents providing for the conveyance of a .2661 acre parcel of City-owned property known as Tract B-l, bearing Official Tax No. 1012407, together with a 24 foot access easement across City-owned property known as Tract B-2, to the American National Red Cross, in exchange for three parcels located at the comer of Fiffia Street and Luck Avenue, S.W., hearing Official Tax Nos. 1113512, 1113513, and 1113514, for future development of a downtown parking garage, upon certain terms and conditions and as more particularly shown on the plat attached to the City Manager's letter to this Council dated June 20, 2005. 2. All documents necessary for this conveyance shall be in form approved by the City Attorney. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.ro~mokegov.com June 20, 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: Conveyance of City-Owned Property To American National Red Cross - Portion of Tax No. 1012407 and Access Easement The City owns property located on Luck Avenue, S.W which is current y used for employee parking, and desires to convey a portion of the parcel to the American National Red Cross in exchange for three parcels located at the corner of Fifth and Luck, S.W., identified by Tax Nos. 1113512, 1113513, and 1113514. These three parcels will be used for the future development of a downtown parking garage. To facilitate the conveyance of an approximately 0.2661 acre portion of Tax No. 1012407, the parcel has been subdivided into two parcels designated as Tract B-1 and Tract B-2 as shown on the plat prepared by Caldwell White Associates (Attachment #1). The City desires to convey Tract B-1 and a 24' access easement across Tract B-2 to serve Tract B-1 to the American National Red Cross. Recommended Action(s): Following a public hearing, authorize the City Manager to execute a deed of exchange to convey the property designated as Tract B-l, in addition to a 24' access easement across Tract B-2, to the American National Red Cross, in exchange for three parcels identified by Tax Nos. 1113512, 1113513, and 1113514 (Attachment #2). Such documents shall be approved as to form by the City Attorney. Honorable Mayor and Members of City Council Page 2 DLB/SEF Respectfully submitted, City Manage~ Attachments C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sarah E. Fitton, Engineering Coordinator #CM05-00081 Property to be Acquired Attachment #2 Luck AVenue 1113614 1113515 Marshall Avenue i'01240 '/~2~2404 /~---.~ --- 1 inch equals ~0 feet 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 06346592 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 virginia. Sworn and subscribed before me this ~_'._~_~_ ay of June 2005. Witness my hand an ~ff~c~l seal. My ;ommissJ/o~ exp~r~,~J_~__. PUBLISHED ON: 06/10 TOTAL COST: 215.05 FILED ON: 06/10/05 (0.1156 acres) In Church Roan(~e at (~S,IO) Signature :__ _ ........ , Billing Services Repr~sentative ,,: NOTICE OF PUBLIC HEARING The City of Roanoke proposes to convey certain City-owned property to the American National Red Cross designated as Tax Map No. 1012401 and containing 0.2661 acres, more particularly defined as Tract B-1 on the plat entitled "Resubdivision Plat for the City of Roanoke, Virginia, Showing the Resubdivision of New Tract B (0.4756 Acre) Instrument No. 990015548 Creating Hereon Tract B~1-0.2661 Acre and Tract B-2-0.2095 Acre Situate Luck Avenue S.W," a copy of which is on file in the Office of the City Clerk, together with a 24-foot access easement across Tract B-2, as shown on the aforementioned plat, in exchange for certain property owned by the American National Red Cross and designated as Tax Map Nos. 1113512 (0.0539 acres), 1113513 (0.0895 acres), and 1113514 (0.1155 acres), in connection with the Downtown Parking Garage Project. 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 to be held on Monday, June 20, 2005, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. Further information is available from the Office of the City Clerk for the City of Roanoke at (540) 853-2541. Citizens shall have the opporttmity to be heard and express their opinions on said matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday, June 16, 2005. GIVEN under my hand this 6th dayof June ,2005. Mary F. Parker, City Clerk. K 5AMISC2q-ph-redcrossswap.doc Note to Publisher: Please publish once in The Roanoke Times on Friday, June 10, 2005. Send Publisher's Affidavit and Bill to: Mary F. Parker, City Clerk 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 C:~DOCUME-l\ckshl~LOCALS-l~Temp~noteslqq~692~q-ph.redcrossswap.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: c}¢rk(~ci.roanoke.va.us JUne 22, 2005 File #15-110-230 STEPHANIE M. MOON Deputy City Clerk SHEIi~ N. HARTMAN Assistant City Clerk Mr. FrankJ. Eastburn 1810 Denniston Avenue, S. W. Roanoke, Virginia 24015 Dear Mr. Eastburn: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 20, 2005, you were reappointed as a member of the Roanoke Arts Commission, for a term ending June 30, 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." KSoath and leaving service'~trts Commission\frank j eastbum oath05.doc Mr. FrankJ. Eastburn June 22, 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 Roanoke Arts Commission. SMM:ew Sincerely, Stephanie M. Moon, CMC Deputy City Clerk Enclosures pc: Mark C. McConnel, Chair, Roanoke Arts Commission, 532 Linden Street, S. E., Roanoke, Virginia 24014 Judith M. St. Clair, Secretary, Roanoke Arts Commission K:\oath and leaving service~xls CommissionLffank j eastburn oath05.doc COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Stephanie M. Moon, Deputy City Clerk, and as such Deputy City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the twentieth day of June, 2005, FRANK J. EASTBURN was reappointed as a member of the Roanoke Arts · Commission, for a term ending June 30, 2008. Given under my hand and the Seal of the City of Roanoke this twenty- second day of June, 2005. Deputy City Clerk K:~oath and leaving scrviceL~trts Commission~cank j eastbum oath05.doc MARY F. PARKER, CMC City Clerk CITY OF ROANOIO* OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk(~ci.roanoke.va.u$ June 22, 2005 File #15-110-230 STEPHAN1E M, MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Ms. Susan W. Jennings Executive Director, Arts Council of the Blue Ridge 20 E. Church Avenue Roanoke, Virginia 24011 Dear Ms. Jennings: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 20, 2005, you were reappointed as a member of the Roanoke Arts Commission, for a term ending June 30, 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:Xoath and leaving set--ceLt,-ts Commission~Susan W Jennings oath05.doc Ms. Susan W. Jennings June 22, 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 Roanoke Arts Commission. Sincerely, Stephanie M. Moon, CMC Deputy City Clerk SMM:ew Enclosures pc: Mark C. McConnel, Chair, Roanoke Arts Commission, 532 Linden Street, S. E., Roanoke, Virginia 24014 Judith M. St. Clair, Secretary, Roanoke Arts Commission COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Stephanie M. Moon, Deputy City Clerk, and as such Deputy City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the twentieth day of June, 2005, SUSAN W. JENNINGS was reappointed as a member of the Roanoke Arts Commission, for a term ending June 30, 2008. Given under my hand and the Seal of the City of Roanoke this twenty- second day of June, 2005. Deputy City Clerk and le~ving scrvice~,~s Commission~Susan W Jennings o~thO$.doc MARy F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk~ci.roanok¢.va.us June 22, 2005 File #15-110-230 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Ms. Nelett H. Lor 3504 Sunscape Lane, S. W., Apt. 714 Roanoke, Virginia 24018 Dear Ms. Lor: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 20, 2005, you were reappointed as a member of the Roanoke Arts Commission, for a term ending June 30, 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, 3:15 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 scrvicck&rls Commissionh'qelett H. Lor oath05.doc Ms. Nelett H. Lor June 22, 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 Roanoke Arts Commission. Sincerely, Stephanie M. Moon, CMC Deputy City Clerk SMM:ew Enclosures pc: Mark C. McConnel, Chair, Roanoke Arts Commission, 532 Linden Street, S. E., Roanoke, Virginia 24014 Judith M. St. Clair, Secretary, Roanoke Arts Commission K:\oath and leaving sCrWccL~ts Commission~Nclett H. Lot oath05.doc COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Stephanie M. Moon, Deputy City Clerk, and as such Deputy City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the twentieth day of June, 2005, NELE-I-I' H. LOR was reappointed as a member of the Roanoke Arts Commission, for a term ending June 30, 2008. Given under my hand and the Seal of the City of Roanoke this twenty- second day of June, 2005. Deputy City Clerk K:\oath and leaving serviceL~rts Conmnission~Nelett H. Lor oath05.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(~lci.roanok¢.va.us June 22, 2005 File #15-110-379 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Mr. Barry W. Baird 3819 Park Lane, S. W. Roanoke, Virginia 24015 Dear Mr. Baird: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 20, 2005, you were reappointed as a member of the Roanoke Valley Greenway Commission, for a term ending June 30, 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\Roanoke valley greenway comrnission~Barry W Baird oath05 .doc Mr. Barry W. Baird June 22, 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 Roanoke Valley Greenway Commission. Sincerely, Stephanie M. Moon, CMC Deputy City Clerk SMM:ew Enclosures pc: Elizabeth Belcher, Greenway Coordinator, Roanoke Valley Greenway Commission, P. O. Box 29800, Roanoke, Virginia 24018 Donald R. Witt, Chair, 3332 Kenwick Trail, S. W., Roanoke, Virginia 24018 GardnerW. Smith, P.O. Box 1252, Salem, Virginia 24153 K:\oath and leaving servic¢~R, oanoke valley greenway comrnission~Barry W Baird oath05.doc COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Stephanie M. Moon, Deputy City Clerk, and as such Deputy City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council Which was held on the twentieth day of June, 2005, BARRY W. BAIRD was reappointed as a member of the Roanoke Valley Greenway Commission, for a term ending June 30, 2008. Given under my hand and the Seal of the City of Roanoke this twenty- second day of June, 2005. Deputy City Clerk K:\oalh and leaving serviceLRoanok¢ valley gr~nway commission~Barry W Baird oaOmOS.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) 853-1 I45 E-maih clerk~ci.roanoke.va.us June 22, 2005 File #15-110-323 STEPHAN1E M. MOON I~puty City Clerk SHEILA N. HARTMAN Assistant City Clerk Ms. Pamela S. White 4502 Oleva Street, N. W. Roanoke, Virginia 24017 Dear Ms. White: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 20, 2005, you were reappointed as a member of the Roanoke Public Library Board, for a term ending June 30, 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~roa public library board~Pamela S White oath05.doc Ms. Pamela S. White June 22, 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 Roanoke Public Library Board. Sincerely, Stephanie M. Moon, CMC Deputy City Clerk SMM:ew Enclosures pc: Stanley G. Breakell, Chair, Roanoke Public Library Board, 3256 Allendale Street, S. W., Roanoke, Virginia 24014 Sheila S. Umberger, Secretary, Roanoke City Library K:\oath and leaving servic¢~roa public libra~/board~Pamela $ White oathOS.doc COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Stephanie M. Moon, Deputy City Clerk, and as such Deputy City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the twentieth day of June, 2005, PAMELA S. WHITE was reappointed as a member of the Roanoke Public Library Board, for a term ending June 30, 2008. Given under my hand and the Seal of the City of Roanoke this twenty- second day of June, 2005. Deputy City Clerk K:\oath and leaving service\roa public library board~Pamela S White oathO$.doc MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk(~ci,roanoke.va.us June 22, 2005 File #15-1:~0-323 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Mr. Stanley G. Breakell 3256 Allendale Street, S. W. Roanoke, Virginia 24014 Dear Mr. Breakell: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 20, 2005, you were reappointed as a member of the Roanoke Public Library Board, for a term ending June 30, 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, 2:~5 Church Avenue, S. W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2-3702, Code of Virginia (~950), 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~,roa public library boardLStanley G Brcakell oath05.doc Mr. Stanley G. Breakell June 22, 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 Roanoke Public Library Board. Sincerely, Stephanie M. Moon, CMC Deputy City Clerk SMM:ew Enclosures pc: Sheila S. Umberger, Secretary Director, Roanoke City Library K:\oath and leaving servicekoa public library board~Stanley G Breakell oath05,doc COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Stephanie M. Moon, Deputy City Clerk, and as such Deputy City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the twentieth day of June, 2005, STANLEY G. BREAKELL was reappointed as a member of the Roanoke Public Library Board, for a term ending June 30, 2008. Given under my hand and the Seal of the City of Roanoke this twenty- second day of June, 2005. Deputy City Clerk K:\oath and leaving serviceLroa public library board~tanley G Breake]l oath05.doc MARY F. PARKER, CMC City Clerk CITY OF ROANOIO* OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: {540) 853-1145 E-mail: clerk~ci.roanoke.va.us June 22, 2005 File #15-110-242 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk The Honorable Julian H. Raney, Jr., Chief Judge General District Court Roanoke, Virginia Dear Judge Raney: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 20, 2005, you were reappointed as a member of the Court Community Corrections Program Regional Community Criminal Justice Board, for a term ending June 30, 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~Court Community Corrections Program Regional Community Cfimianl Justice BoardXJulian H Raney Jr oath05.doc The Honorable Julian H. Raney, Jr. June 22, 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 Court Community Corrections Program Regional Community Criminal Justice Board. SMM:ew Sincerely, Stephanie M. Moon, CMC Deputy City Clerk Enclosures pc: James T. Phipps, Director of Court and Community Corrections, 516E. Main Street, Salem, Virginia 24153 KAoath and leaving service~Court Community Corrections Program Regional Community Cdmianl Justice BoardLlu]ian H Raney Jr oath0$.doc COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF 'ROANOKE ) I, Stephanie M. Moon, Deputy City Clerk, and as such Deputy City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the twentieth day of June, 2005, JULIAN H. RANEY, JR., was reappointed as a member of the Court Community Corrections Program Regional Community Criminal Justice Board, for a term ending June 30, 2008. Given under my hand and the Seal of the City of Roanoke this twenty- second day of June, 2005. Deputy City Clerk K:~oath and leaving service\Court Community Corrections Program Regional Community Crimianl Justice BoardUulian H Rancy Jr oath05.doc MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us June 22, 2005 File #15-110-242 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk The Honorable John B. Ferguson, Chief Judge Juvenile and Domestic Relations District Court Roanoke, Virginia Dear Judge Ferguson: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 20, 2005, you were reappointed as a member of the Court Community Corrections Program Regional Community Criminal Justice Board, for a term ending June 30, 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\Court Community Corrections Program Regional Community Crimianl Justice Board~John B Ferguson oath05.dec The Honorable John B. Ferguson June 22, 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 Court Community Corrections Program Regional Community Criminal Justice Board. Sincerely, Stephanie M. Moon, CMC Deputy City Clerk SMM:ew Enclosures pc: James T. Phipps, Director of Court and Community Corrections, 516 E. Main Street, Salem, Virginia 24153 K:~oath and leaving service\Court Community Corrections Program Regional Community Crimianl Justice Board~John B Fergeson oath05.doc COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Stephanie M. Moon, Deputy City Clerk, and as such Deputy City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the twentieth day of June, 2005, JOHN B. FERGUSON was reappointed as a member of the Court Community Corrections Program Regional Community Criminal Justice Board, for a term ending June 30, 2008. Given under my hand and the Seal of the City of Roanoke this twenty- second day of June, 2005. Deputy City Clerk K:\oath and leaving service\Court Community Corrections Program Regional Community Crimianl Justice Board~John B Ferguson oathOS.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-malE clerk@ci.roanok¢.va.us June 22, 2005 File #15-110-429 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Mr. George F. Taylor 2318 Rosalind Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Taylor: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 20, 2005, you were reappointed as a member of the Board of Trustees, City of Roanoke Pension Plan, for a term ending June 30, 2009. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." KSoath and leaving service\Board of Trustees, Pension Plan\George F Taylor oathOS.doc Mr. George F. Taylor June 22, 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 Board of Trustees, City of Roanoke Pension Plan. Sincerely, Stephanie M. Moon, CMC Deputy City Clerk SMM:ew Enclosures pc; Jesse A. Hall, Secretary, Board of Trustees, City of Roanoke Pension Plan, Roanoke, Virginia K:\oath and leaving service~Board of Trustccs, Pcnsion Plan\George F Taylor oath05.doc COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Stephanie M. Moon, Deputy City Clerk, and as such Deputy City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the twentieth day of June, 2005, GEORGE F. TAYLOR was reappointed as a member of the Board of Trustees, City of Roanoke Pension Plan, for a term ending June 30, 2009. Given under my hand and the Seal of the City of Roanoke this twenty- second day of June, 2005. Deputy City Clerk K:\oath and leaving service~Board of Trustees, Pension Plan\George F Taylor oathO5.doc 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) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us June 22, 2005 File #15-110-293 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N, HARTMAN Assistant City Clerk Mr. A. Morris Turner, Jr. 3515 River Birch Lane, S. W. Roanoke, Virginia 24014 Dear Mr. Turner: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 20, 2005, you were reappointed as a member of the Roanoke Valley Convention and Visitors Bureau, for a term ending June 30, 2006. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am 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 servicekroanoke Valley Convention and Visitors BureauXa morris turner jr oath05.doc Mr. A. Morris Turner, Jr. June 22, 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 Roanoke Valley Convention and Visitors Bureau. Sincerely, Stephanie M. Moon, CMC Deputy City Clerk SMM:ew Enclosures pc: David L. Kjolhede, Executive Director, Roanoke Valley Convention and Visitors Bureau, 101 Shenandoah Avenue, S. W., Roanoke, Virginia 24016 K:~oath and leaving service~roanoke Valley Convention and Visitors Bureau~a monis turner jr oath05.doc COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Stephanie M. Moon, Deputy City Clerk, and as such Deputy City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the twentieth day of June, 2005, MORRIS TURNER, JR., was reappointed as a member of the Roanoke Valley Convention and Visitors Bureau, for a term ending June 30, 2006. Given under my hand and the Seal of the City of Roanoke this twenty- second day of June, 2005. Deputy City Clerk K:\oath and leaving service~oanoke Valley Convention and Visitors Bureau~a monks turner jr oath05.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@ci.roanoke.va.us June 22, 2005 File #15-110-293 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Mr. Barton J. Wilner 2709 Crystal Spring Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Wilner: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 20, 2005, you were appointed as a member of the Roanoke Valley Convention and Visitors Bureau, for a term ending June 30, 2006. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am 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~oanoke Valley Convention and Visi~rs Bureau'~Barton J Wilncr oath05.doc Mr. Barton J. Wilner June 22, 2005 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve as a member of the Roanoke Valley Convention and Visitors Bureau. Sincerely, Stephanie M. Moon, CMC Deputy City Clerk SMM:ew Enclosures pc: David L. Kjolhede, Executive Director, Roanoke Valley Convention and Visitors Bureau, 10! Shenandoah Avenue, S. W., Roanoke, Virginia 24016 K:~oath and leaving service\roanoke Valley Convention and Visitors Bur~au~Bar~on J Wilner oathO5.doc COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Stephanie M. Moon, Deputy City Clerk, and as such Deputy City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the twentieth day of June, 2005, BARTON J. WILNER was appointed as a member of the Roanoke Valley Convention and Visitors Bureau, for a term ending June 30, 2006. Given under my hand and the Seal of the City of Roanoke this twenty- second day of June, 2005. Deputy City Clerk K:\oath and leaving service~roanoke Valley Convention and Visitors Bureau\BaRon J Wiln~r oath05.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.us June 22, 2005 File #15-110-543 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Mr. Robert A. Young 5266 Sunset Drive, S. W. Roanoke, Virginia 24014 Dear Mr. Young: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 20, 2005, you were reappointed as a member of the Towing Advisory Board, for a term ending June 30, 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\Towing Adviso~y BoardXrober t r young oath05.doc Mr. Robert A. Young June 22, 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 Towing Advisory Board. Sincerely, Stephanie M. Moon, CMC Deputy City Clerk SMM:ew Enclosures pc: Thomas A. Wood, Secretary, Towing Advisory Board, 2020 Mt. View Road, Vinton, Virginia 24179 K:Xoath and leaving servic¢\To~dng Advisory BoardXrobe~ r young oathOS.doc COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Stephanie M. Moon, Deputy City Clerk, and as such Deputy City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the twentieth day of June, 2005, ROBERT R. YOUNG was reappointed as a member of the Towing Advisory Board, for a term ending June 30, 2008. Given under my hand and the Seal of the City of Roanoke this twenty- second day of June, 2005. Deputy City Clerk K:\oath and leaving service\Towing Advisory Board~robert r young oath05.doc MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W. Room 456 Roanoke, Xfirginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ ci.roanoke.va.us June 22, 2005 File #15-67-110 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Mr. Richard Clark 4529 Royal Oak Drive, S. W. Roanoke, Virginia 24018 Dear Mr. Clark: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 20, 2005, you were reappointed as a member of the Mill Mountain Advisory Committee, for a term ending June 30, 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:Xoath and leaving $ervice~Mill Mountain Advisory Cotranittee~chard clark oath05.doc Mr. Richard Clark June 22, 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 Mill Mountain Advisory Committee. Stephanie M. Moon, CMC Deputy City Clerk SMM:ew Enclosures pc: Steven Higgs, Chair, Mill Mountain Advisory Committee, P. O. Box 1788, Roanoke, Virginia 24008-1788 Steven C. Buschor, Director, Parks and Recreation Nicole Ashby, Secretary, Mill Mountain Advisory Committee K:~oath and leaving service~,lill Mountain Advisory Comxnittee~chard clark oath05.doc COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Stephanie M. Moon, Deputy City Clerk, and as such Deputy City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the twentieth day of June, 2005, RICHARD CLARK was reappointed as a member of the Mill Mountain Advisory Committee, for a term ending June 30, 2008. Given under my hand and the Seal of the City of Roanoke this twenty- second day of June, 2005. Deputy City Clerk K:\oath and leaving ser~icchMill Mountain Advisory Cormmitte~chard clark oathOS.doc MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vu'ginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ ci.roanoke.va.u s June 22, 2005 File #15-67-110 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Ms. Betty Field 2802 S. Jefferson Street, S. W. Roanoke, Virginia 24014 Dear Ms. Field: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 20, 2005, you were reappointed as a member of the Mill Mountain Advisory Committee, for a term ending June 30, 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~lill Mountain Advisory CornrniUee~Betty Field oath05.doc Ms. Betty Field June 22, 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 Mill Mountain Advisory Committee. Sincerely, Stephanie M. Moon, CMC Deputy City Clerk SMM:ew Enclosures pc: Steven Higgs, Chair, Mill Mountain Advisory Committee, P. O. Box 1788, Roanoke, Virginia 24008-:~788 Steven C. Buschor, Director, Parks and Recreation Nicole Ashby, Secretary, Mill Mountain Advisory Committee K:~oath and leaving service~Vlill Mountain Advisory Corr~nittee~Betty Field oathO5.doc COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Stephanie M. Moon, Deputy City Clerk, and as such Deputy City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the twentieth day of June, 2005, BE'I-FY FIELD was reappointed as a member of the Mill Mountain Advisory Committee, for a term ending June 30, 2008. Given under my hand and the Seal of the City of Roanoke this twenty- second day of June, 2005. Deputy City Clerk K:~oath and leaving sendce~Iill Mountain Advisory Cornxnittee\Bett)' Field 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'~ginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-maih clerk @ ci.roanoke.va.us June 22, 2005 File #15-67-110 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Mr. Steven Higgs, Attorney King and Higgs P. O. Box 1788 Roanoke, Virginia 24008-1788 Dear Mr. Higgs: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 20, 2005, you were reappointed as a member of the Mill Mountain Advisory Committee, for a term ending June 30, 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 serviceWlill Mountain Advisory CommitteeXSteven Higgs oath05.doc Mr. Steven Higgs June 22, 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 Mill Mountain Advisory Committee. Sincerely, Stephanie M. Moon, CMC Deputy City Clerk SMM:ew Enclosures pc: Steven C. Buschor, Director, Parks and Recreation Nicole Ashby, Secretary, Mill Mountain Advisory Committee K:~oath and leaving servic¢'uMill Mountain Advisory Committee~Steven Higgs ~ath05.doc COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Stephanie M. Moon, Deputy City Clerk, and as such Deputy City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the twentieth day of June, 2005, STEVEN HIGGS was reappointed as a member of the Mill Mountain Advisory Committee, for a term ending June 30, 2008. Given under my hand and the Seal of the City of Roanoke this twenty- second day of June, 2005. Deputy City Clerk K:~oatl~ and leaving service'uMill Mountain Adviso~ Committee~Steven Higgs oath05.doc MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Xruginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-maih clerk @ ci.roanoke.va.u s June 22, 2005 File #15-67-110 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Ms. Louise F. Kegley 301 Tinker Creek Lane, N. E. Roanoke, Virginia 24019 Dear Ms. Kegley: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 20, 2005, you were reappointed as a member of the Mill Mountain Advisory Committee, for a term ending June 30, 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 lea'ring serviceWlill Mountain Advisory Corranittee%ousie F Keglely oath05.doc Ms. Louise F. Kegley June 22, 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 Mill Mountain Advisory Committee. Sincerely, Stephanie M. Moon, CMC Deputy City Clerk SMM:ew Enclosures pc: Steven Higgs, Chair, Mill Mountain Advisory Committee, P. O. Box 1788, Roanoke, Virginia 24008-1788 Steven C. Buschor, Director, Parks and Recreation Nicole Ashby, Secretary, Mill Mountain Advisory Committee K:~oath and leaving serviceLMi]! Mountain Adviso~y CommitteeLLousie F Keglely oath05.doc COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Stephanie M. Moon, Deputy City Clerk, and as such Deputy City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the twentieth day of June, 2005, LOUISE F. KEGLEY was reappointed as a member of the Mill Mountain Advisory Committee, for a term ending June 30, 2008. Given under my hand and the Seal of the City of Roanoke this twenty- second day of June, 2005. Deputy City Clerk K:\oath and leaving servic¢~vlill Mountain Advisory Comrnit~ee~Lousie F Keglely oathOS.doc MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk(~ci.roanoke.va.us June 22, 2005 File #15-67-110 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Mr. Carl H. Koptizke 2314 Martin Lane, $. W. Roanoke, Virginia 24015 Dear Mr. Koptizke: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 20, 2005, you were reappointed as a member of the Mill Mountain Advisory Committee, for a term ending June 30, 2008. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." K:Xoath and leaving serviceWiill Mountain Advisory CommitteeK2arl H. Kopitzke oath05.doc Mr. Carl H. Koptizke June 22, 2005 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue your service as a member of the Mill Mountain Advisory Committee. SMM:ew Sincerely, Stephanie M. Moon, CMC Deputy City Clerk Enclosures pc: Steven Higgs, Chair, Mill Mountain Advisory Committee, P. O. Box 1788, Roanoke, Virginia 24008-1788 Steven C. Buschor, Director, Parks and Recreation Nicole Ashby, Secretary, Mill Mountain Advisory Committee K:\oath and leaving service~'lill Mountain Advisory Committee\Car! H. Kopitzke oath0$.doc COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Stephanie M. Moon, Deputy City Clerk, and as such Deputy City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the twentieth day of June, 2005, Carl H. Koptizke was reappointed as a member of the Mill Mountain Advisory Committee, for a term ending June 30, 2008. Given under my hand and the Seal of the City of Roanoke this twenty- second day of June, 2005. Deputy City Clerk K:~oath and leaving serviceXMill Mountain Advisory Committee\Carl H. Kopitzke 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'~rginia 2AO11-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ ci.roanok¢.va.us June 22, 2005 File #15-67-110 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Mr. Michael A. Loveman 1848 Driftwood Lane, S. W. Roanoke, Virginia 24018 Dear Mr. Loveman: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 20, 2005, you were reappointed as a member of the Mill Mountain Advisory Committee, for a term ending June 30, 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 s~rvicc'6Mill Mountain Advisory Committee\michael a loveman oath05.doc Mr. Michael A. Loveman June 22, 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 Mill Mountain Advisory Committee. Stephanie M. Moon, CMC Deputy City Clerk SMM:ew Enclosures pc: Steven Higgs, Chair, Mill Mountain Advisory Committee, P. O. Box 1788, Roanoke, Virginia 24008-1788 Steven C. Buschor, Director, Parks and Recreation Nicole Ashby, Secretary, Mill Mountain Advisory Committee K:~oath and leaving servic¢~vlill Mountain Adviso~ Committee~nichael a Ioveman oath05.doc COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Stephanie M. Moon, Deputy City Clerk, and as such Deputy City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the twentieth day of June, 2005, MICHAELA. LOVEMAN was reappointed as a member of the Mill Mountain Advisory Committee, for a term ending June 30, 2008. Given under my hand and the Seal of the City of Roanoke this twenty- second day of June, 2005. Deputy City Clerk K:~oath and leaving s~rvice~Vlill Mountain Advisory CommitteeXmicha¢l a Iovcman oath05.doc MARY F. PARKER, CMC City Clerk CITY OF ROANOIO , OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk~ci.roanoke.va.us June 22, 2005 File #15-67-110 STEPHANIE M. MOON D~puty City Clerk SHEILA N, HARTMAN Assistant City Clerk Mr. E. C. Pace, III 2424 Woodcliff Road, S. E. Roanoke, Virginia 24014 Dear Mr. Pace: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 20, 2005, you were reappointed as a member of the Mill Mountain Advisory Committee, for a term ending June 30, 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~lilI Mountain Advisory Committee~e c pace oath05.doc Mr. E. C. Pace, III June 22, 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 Mill Mountain Advisory Committee. Sincerely, Stephanie M. Moon, CMC Deputy City Clerk SMM:ew Enclosures pc: Steven Higgs, Chair, Mill Mountain Advisory Committee, P. O. Box 1788, Roanoke, Virginia 24008-1788 Steven C. Buschor, Director, Parks and Recreation Nicole Ashby, Secretary, Mill Mountain Advisory Committee K:~oath and leaxdng service~Vlill Mountain Advisory CorranitteeXe c pace oath05.doc COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Stephanie M. Moon, Deputy City Clerk, and as such Deputy City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the twentieth day of June, 2005, E. C. PACE, III, was reappointed as a member of the Mill Mountain Advisory Committee, for a term ending June 30, 2008. Given under my hand and the Seal of the City of Roanoke this twenty- second day of June, 2005. Deputy City Clerk K:Xeath and leaving serviceWlill Mountain Advisory CommittceXe c pace oathOS.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-malE clerk @ ci.roanoke.va.us June 22, 2005 File #15-67-110 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Mr. Eddie Wallace, Jr. 3815 Sioux Ridge Road, N. W. Roanoke, Virginia 24017 Dear Mr. Wallace: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 20, 2005, you were reappointed as a member of the Mill Mountain Advisory Committee, for a term ending June 30, 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." KAoath and leaving service'Mill Mountain Advisory Committee~Eddie Wallace Jr oath05.doc Mr. Eddie Wallace, Jr. June 22, 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 Mill Mountain Advisory Committee. Sincerely, Stephanie M. Moon, CMC Deputy City Clerk SMM:ew Enclosures pc: Steven Higgs, Chair, Mill Mountain Advisory Committee, P. O. Box 1788, Roanoke, Virginia 24008-:~788 Steven C. Buschor, Director, Parks and Recreation Nicole Ashby, Secretary, Mill Mountain Advisory Committee K:~oath and leaving service~Mill Mountain Adv~sor~ Cornmittee~Eddie Wallace Jr oath05.doc COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Stephanie M. Moon, Deputy City Clerk, and as such Deputy City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the twentieth day of June, 2005, EDDIE WALLACE, JR., was reappointed as a member of the Mill Mountain Advisory Committee, for a term ending June 30, 2008. Given under my hand and the Seal of the City of Roanoke this twenty- second day of June, 2005. Deputy City Clerk