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Council Actions 08-15-05
ROANOKE CITY COUNCIL ROANOKE CITY SCHOOL BOARD MONDAY, AUGUST 15, 2005 12:00 P.M. ROANOKE ACADEMY FOR MATHEMATICS AND SCIENCE ELEMENTARY SCHOOL CAFETORIUM 1 61 6 1 9th Street, N. W. AGENDA 1. Call to Order-Roll Call · City Council · School Board g Welcome and Opening Remarks. Vice-Mayor Fitzpatrick Chair Stockburger Update on Adequate Yearly Progress and Student Achievement from Superintendent of Schools, Marvin T. Thompson, and Members of his Executive Team. School Board Items: · Update on Current Board Work · Joint Meeting Schedule for 2005-2006 · Joint Council/Board Retreat w School Board Inquiries: · Update regarding preparation of Victory Stadium for high school football. Council Inquiries: · School Capital Construction Plans Update · School Safety Progress Report · Foundation Update 7. Comments by Council Members/School Trustees. THE COUNCIL MEETING WAS DECLARED IN RECESS TO BE RECONVENED AT 2:00 P.M., IN THE CITY COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., CITY OF ROANOKE. Dowe 37144-081505 ROANOKE CITY COUNCIL REGULAR SESSION AUGUST 15, 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 Sherman P. Lea. 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, August 18, 2005, at 7:00 p.m., and Saturday, August 20, 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 WWW. ROANOKEVA.GOV, CLICK ON THE ROANOKE CITY COUNCIL ICON, CLICK ON MEETINGS AND AGENDAS, AND DOWNLOAD THE ADOBE ACROBAT SOFTWARE TO ACCESS THE AGENDA. ALL PERSONS WISHING TO ADDRESS COUNCIL ARE REQUESTED TO REGISTER WITH TH E STAFF ASSISTANT WHO IS LOCATED AT THE ENTRANCE TO THE COUNCIL CHAMBER. ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLO'I-FED FIVE MINUTES EACH, HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLO'I-fED THREE MINUTES. ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITI'EE IS REQUESTED TO CONTACT THE CITY CLERK'S OFFICE AT 853-2541, OR ACCESS THE CITY'S HOMEPAGE AT WWW.ROANOKEVA.GO~/, TO OBTAIN AN APPLICATION. 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: Proclamation declaring Friday, August 26, 2005, as Hokie Pride Day. File #3 4 m C-1 C-2 C-3 C-4 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 meetings of Council held on Monday, June 20, 2005, and Tuesday, July 5, 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 #110-1 32 A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss disposition of publicly-owned property, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in the request. File #2-132 A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss acquisition of real property for a public purpose, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-371 I (A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in the request. File #2-132 C-5 C-6 C-7 C-8 A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the award of a public contract involving expenditure of public funds and discussion of terms or scope of such contract, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in the request. File #132 A communication from the City Clerk advising of the resignation of Mark C. McConnel as a member of the Roanoke Arts Commission. RECOMMENDED ACTION: Accept the resignation and receive File #110-230 and file the communication. Annual report of activities of the Board of Trustees, City of Roanoke Pension Plan, for the period July 1,2004 through June 30, 2005. RECOMMENDED ACTION: Receive and file. File #109-429 Qualification of the following persons: Anne E. Caldwell to fill the unexpired term of Samuel G. Oakey, III, ending June 30, 2006, and Susan Koch for a term ending June 30, 2008, as members of the Roanoke Public Library Board; Martha P. Franklin as a member of the Personnel and Employment Practices Commission, for a term ending June 30, 2008; Steven Higgs as a member of the Mill Mountain Advisory Committee, for a term ending June 30, 2008; Robin Murphy-Kelso as a member of the Roanoke Neighborhood Advocates, for a term ending June 30, 2008; Thomas W. Ruff as a member of the Towing Advisory Board, for a term ending June 30, 2006; and 6 Abbi Fitzpatrick and James H. Smith as members of the Youth Services Citizen Board, for terms ending May 31,2008. RECOMMENDED ACTION: Receive and file. File #67-110-202-304-323-488-543 C-9 A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of publicly-owned property, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to §2.2-3711(A)(3), Code of Virginia, 1950, as amended. RECOMMENDED ACTION: Concur in the request. File #132 REGULAR AGENDA 4. PUBLIC HEARINGS: NONE. 5. PETITIONS AND COMMUNICATIONS: NONE. 6. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: Fair Housing Board Annual Report 15 minutes Question was raised with regard to a statement in the Annual Report that The Roanoke Times continues to accept advertisements from the housing industry that do not display Equal Housing Opportunity or Equal Lending Opportunity Iogos. The Vice-Mayor suggested that the Fair Housing Board meet with the President and Publisher of The Roano/ce T/mes to determine the policy of the newspaper, and provide a follow up report to the Council. 7 Council Member Dowe requested that Council be informed of the response by local radio/television stations with regard to broadcasting/televising fair housing public service announcements. The City Manager/City Attorney were requested to provide Council with a status report on fair housing cases that are currently pending in the Federal court system. File #83-178--227 ITEMS RECOMMENDED FOR ACTION: Appropriation of grant funds to be used for a temporary employee in connection with the document scanning project in the Office of the Clerk of the Circuit Court. Adopted Budget Ordinance No. 37144-081 505. (6-0) File #60-214-236 Acceptance of Multi-Jurisdictional Special Drug Prosecutor grant funds from the Compensation Board, in the amount of $91,494.00. Adopted Budget Ordinance No. 37145-081 505 and Resolution No. 37146-081 505. (6-0) File #60-133-236 Acceptance of the State Homeland Security Program Grant from the Virginia Department of Emergency Management; and appropriation of funds. Adopted Budget Ordinance No. 37147-081 505 and Resolution No. 37148-081 505. (6-0) File #60-188-236 Acceptance of the DFP Computer Services Grant from the Virginia Department of Fire Programs; and appropriation of funds. Adopted Budget Ordinance No. 37149-081505 and Resolution No. 37150-081 505. (6-0) File #60-70-236 Amendment of the City Code to provide stormwater discharge requirements, in order to comply with the Virginia Pollutant Discharge Elimination System Permit. Adopted Ordinance No. 371 51-081 505. (6-0) File #24-27-468 b. CITY A-I-fORN EY: Amendment of Ordinance No. 36226-020303, adopted on February 3, 2003, to allow additional time for the Roanoke Redevelopment and Housing Authority to prepare and record a plat of subdivision in connection with development of the Fifth Street Gateway Project. Adopted Ordinance No. 371 52-081 505. (6-0) File #51 4 c. DIRECTOR OF FINANCE: Amendment of the City Code authorizing the City Treasurer to reduce or to waive interest and penalty payments under certain circumstances. Adopted Ordinance No. 37153-081505. (6-0) File #24-34-79 7. REPORTS OF COMMI'I-FEES: Request of the Roanoke City School Board for adoption of resolutions indicating that the City will participate in the 2005 Interest Rate Subsidy Program Bond Issue, in connection with Fallon Park Elementary School and Westside Elementary School projects; and that Council authorize a public hearing to be held on Monday, September 19, 2005, at 7:00 p.m., or as soon thereafter as the matter may be heard. Kenneth F. Mundy, Executive Director of Fiscal Services, Spokesperson. Adopted Resolution No. 37154-081505 and Resolution No. 371 55-081505. (6-0) File #53-467 9 Request of the Roanoke City School Board for appropriation of funds to various school accounts; and a report of the Director of Finance recommending that Council concur in the request. Kenneth F. Mundy, Executive Director of Fiscal Services, Spokesperson. Adopted Budget Ordinance No. 37156-081505. (6-0) File #60-467 8. UNFINISHED BUSINESS: NONE. 9. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 10. MOTIONS AND MISCELLANEOUS BUSINESS: Inquiries and/or comments by the Vice-Mayor and Members of City Council. Council Member Dowe commented on the level of excitement and encouragement that prevailed at a joint meeting of Council and the School Board at 12:00 noon. He commended the new Superintendent of Schools, Marvin Thompson, who has assumed his responsibilities with a renewed vigor and refined focus as he relates to his administration. Council Member Dowe called attention to the resignation of Dr. Gloria P. Manns as a Trustee of the Roanoke City School Board, effective at the close of the August 15 joint meeting of Council and the School Board and expressed appreciation to Dr. Manns for her years of service to the City of Roanoke. File #80-110-467 Council Member Cutler noted that the City's multicultural initiative is making progress and commended City employees who have volunteered to serve in language resource capacities in order to meet the needs of the City's growing multicultural population. File #184 Council Member Wishneff concurred in the remarks of Council Member Dowe with regard to the joint meeting of Council and the School Board and commended the zeal and focus by the new Superintendent of Schools on school achievement. He encouraged those parents who have taken their children out of Roanoke City Public Schools to reconsider Roanoke's school system. File #132-467 b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. 1 1. HEARING OF CITIZENS UPON PUBLIC MA'I-FERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. Les Stennett, 3531 Peters Creek Road, N. W., addressed the growing problem of government assisted housing, public housing and Iow income housing. He expressed concern that approximately 27 government assisted housing communities currently exist in the City of Roanoke and it is proposed to construct additional Iow income housing in northwest Roanoke City on the Countryside Golf Course property. The Vice-Mayor clarified that the City's goal is not to construct additional Iow income housing and although a precise use of the Countryside Golf Course property has not been determined, Members of Council have unanimously stated that the property will not be used for Iow income housing. File #2-132-1 78 Zoe Stennett, 3531 Peters Creek Road, N. W., spoke in support of the services provided to Roanoke's citizens by the Fire and Police Departments and the need for an adequate pay scale for public safety employees. She called attention to Iow morale in the Fire Department with promotions that are based on the "buddy system" and not on qualifications and unfair treatment of employees by supervisory staff. She stated that the Chief of Police should be placed on administrative leave until an alleged domestic violence incident has been resolved through the legal system. File #5-18-66-70 Helen E. Davis, 35 Patton Avenue, N. E., advised that closing or razing fire stations is a serious and potentially dangerous matter; therefore, many citizens do not have faith in the proposed Fire/Emergency Medical Services Plan advocated by the City Manager and the Fire Chief. She presented copy of a communication from Adam K.Thiel, Executive Director, Virginia Department of Fire Programs, with regard to the proposed closure of five Roanoke fire stations. She requested a written definition of Roanoke's Central Business District and its borders. File #70 Robert E. Gravely, 727 29th Street, N. W., expressed concern with regard to the pay scale for the average City employee which is below the poverty rate. He stated that wages should be increased so that the average City employee can afford to purchase a house; and, in addition to public safety employees, other City employees work under unsafe and undesirable conditions in order to maintain City property. File#18-166-183-184 1 2. CITY MANAGER COMMENTS: The City Manager advised that many public service employees work in undesirable situations and the City of Roanoke has a dedicated group of employees whose lives are sometimes at risk while fulfilling their responsibilities. The City Manager encouraged citizens to attend the Mayor's State of the City Address which will be held on Thursday, August 25, 2005, at 7:30 a.m., at the Roanoke Academy for Mathematics and Science Elementary School Cafetorium, 1616 9th Street, N. W. The City Manager commended Council on its efforts to address housing disparities in the City of Roanoke. She advised that Roanoke is ranked as one of the most segregated communities in Virginia and the City is looking for ways to decrease segregation, to deconcentrate poverty, to increase home ownership, and to increase the amount of market rate housing. She stated that the Countryside Golf Course property offers a unique opportunity to construct additional housing choices; and while it is not known what will be constructed on the site, the City has no plans to construct any more Iow income housing, whether it be at the Countryside location or any other location. She stated that the City of Roanoke has more than an adequate supply of Iow income housing and bears a disproportionate share of Iow income housing as compared to other jurisdictions in the Roanoke Valley. File #132-1 75-184-525 CERTIFICATION OF CLOSED SESSION. (5-0, Mayor Harris and Council Member Lea were absent.) Angela Holland was appointed as a member of the Human Services Advisory Board to fill the unexpired term of H. Clarke Curtis, resigned, ending November 30, 2007. File #15-110-318 Wyona Lynch-McWhite was appointed as a member of the Roanoke Arts Commission for a term ending June 30, 2008. File #15-110-230 THE COUNCIL MEETING WAS DECLARED IN RECESS TO BE RECONVENED AT 7:00 P.M., IN THE CITY COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. 14 ROANOKE CITY COUNCIL REGULAR SESSION AUGUST 15, 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, .Ir. 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, August 1 8, 2005, at 7:00 p.m., and Saturday, August 20, 2005, at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. A. BID OPENING: Bids for the lease of certain City-owned property located in the Commonwealth Building for office space for aterm of up to ten years. One bid was submitted at 1:48 p.m., however, the deadline for receipt of bids was 12:00 p.m., in the City Clerk's Office. The City Clerk was instructed to return the bid, unopened. File #166-524 B. PUBLIC HEARINGS: Proposal of the City of Roanoke to lease City-owned property located in the Commonwealth Building for office space for aterm of up to ten years. Darlene L. Burcham, City Manager. The public hearing was not held inasmuch as the sole bid was submitted after the 12:00 p.m. deadline, on Monday, August 15, 2005. O'he matter will be readvertised for bids and a public hearing will be held at the regular meeting of Council on Tuesday, September 6, 2005, at 2:00 p.m.) File #166-373-524 Request of Roanoke Investments Associated, Inc., that proffered conditions presently binding upon a 2.615-acre parcel of land located at 3361 Melrose Avenue, N. W., be amended. Eugene M. Elliott, Jr., Attorney. Adopted Ordinance No. 371 57-081 505. (6-0) File #51 Request of Boone Homes, Inc., of Roanoke that proffered conditions presently binding upon a 10.224 acre tract of land located on Franklin Road, S. W., be repealed and replaced with new proffered conditions. Edward A. Natt, Attorney. Adopted Ordinance No. 371 58-081 505. (6-0) File #51 Request of Faison-Southern Lane, LLC, and Save-X-2, LLC, to amend and substitute proffered conditions presently binding on ten tracts of land, and to proffer conditions on five tracts of land located on Franklin Road, Southern Lane, Southern Hills Drive, and Griffin Road, S.W. James F. Douthat, Attorney. Adopted Ordinance No. 371 59-081 505. (6-0) File #51 Request of Faison-Southern Lane, LLC, and Save-X-2, LLC, that a portion of Southern Lane and Southern Hills Drive, S. W., be permanently vacated, discontinued and closed. James F. Douthat, Attorney. Adopted Ordinance No. 37160-081 505. (6-0) File #514 Request of Star City Gospel Caf&, Inc., for exemption from local real estate taxation of real property located at 926 Indiana Avenue, N. E. Thomas C. Driver, President. Adopted Ordinance No. 37161-081505. (6-0) File #79 Request of the City of Roanoke that a portion of Salem Avenue, S.W., adjacent to Official Tax No. 1010106, be permanently vacated, discontinued and closed. Darlene L. Burcham, City Manager. Adopted Ordinance No. 37162-081 505. (6-0) File #51 4 Proposed conveyance of certain City-owned property located on Salem Avenue, S. W., to the Times World Corporation, in exchange for certain property owned by the Times World Corporation located on Campbell Avenue, S. W., in connection with future development of a downtown parking garage. Darlene L. Burcham, City Manager. Adopted Ordinance No. 37163-081 505. (6-0) File #2-166-553 Proposed lease of City-owned property located at 111 - 117 Church Avenue, S. W., to Carillon Biomedical Institute for office space for a period of one year. Darlene L. Burcham, City Manager. Adopted Ordinance No. 37164-081 505. (6-0) File #166-221-544 l? 10. Proposed conveyance of an easement across City-owned property located adjacent to Riverland Road, S. E., to Appalachian Power Company for relocation of an existing overhead power line and related facilities, in connection with the Roanoke River Flood Reduction Project. Darlene L. Burcham, City Manager. Adopted Ordinance No. 37165-081505. (6-0) File #28-29 C. 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. Obediah Overstreet, 3203 King Street, N. E., expressed concern with regard to the City's lack of maintenance of a bridge/guard rail located in the vicinity of his home. He stated that he was advised by the City that it is the responsibility of the property owner to maintain the property to the curb line. He referred to the deteriorating condition of pine trees that were planted by Virginia Transformer, 220 Glade View Drive, N. E., as a part of the site plan for rezoning that have not been replaced. The Vice-Mayor advised that the concerns would be referred to the City Manager for response. File #66-183 Office of the Mayor CITY OF ROANOKE the Roanoke-Valley ha~ had a long and mutually beneficial relationship with girginia Tech and its alumni and supporters, and the Roanoke Valley is home to many thonsand~ of Virginia Tech alumni and friends; and WHEREAS, Virginia Tech has brought positive attention to Southwest Virginia in academic~, research and athletics, and the City of Roanoke takes pride in the accomplishments of the University; and WHEREAS, the Virginia Tech HoMe Club and the Virginia Tech Alumni Association will promote Friday, August 26, 2005, ar the sixth annual "HoMe Pride Day", in order to allow supporters to demonstrate their HoMe pride. NOW, THEREFORE, I, Beverly T. Fitzpatrick .Ir., Vice-Mayor, on behalf of C. Nelson Harris, Mayor of the City of Roanoke, Virginia, do hereby proclaim Friday, August 26. 2005, throughout thtr great AlI-Amerioa City, as HOKIE PRIDE DA Y. Given under our hands and the Seal of the City of Roanoke this fifleenth day of August in the year two thousand and flve. Mary K Parker Beverly 1~ Fitzpatrick, Jr. City Clerk Vice-Mayor REGULAR WEEKLY SESSION----ROANOKE CITY COUNCIL June 20, 2005 2:00 p.m. The Council of the City of Roanoke met in regular session on Monday, June 20, 2005, at 2:00 p.m., the regular meeting hour, in the Roanoke City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Vice-Mayor Beverly T. Fitzpatrick, Jr., presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Reqular 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 Sherman P. Lea, Brenda L. McDaniel, Brian J. Wishneff, M. Rupert Cutler, Alfred T. Dowe, Jr., and Vice-Mayor Beverly T. Fitzpatrick, Jr.- ..................................................................................................... 6. ABSENT: Mayor C. Nelson Harris ................................................................ The Vice-Mayor declared the existence of a quorum. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City Clerk. The invocation was delivered by Council Member Alfred T. Dowe, Jr. The Pledge of Allegiance to the Flag of the United States of Americawas led by Vice-Mayor Fitzpatrick. PRESENTATIONS AND ACKNOWLEDGEMENTS: ACTS OF ACKNOWLEDGEMENT-CITY SHERIFF-CITY COUNCIL: Ms. Lori Frantz, whose husband is a City employee and a member of the U. S. Reserves who served in active duty at Fort Eustis for 14 months and will be leaving at the end of the year for a tour of duty in Iraq, presented a"My Boss Is a Patriot" certificate to the Members of Council and to Sheriff George McMillan in recognition of their assistance to the families of City employees serving in the military. "The National Committee for Employer Support of the Guard and Reserve recognizes Roanoke City Council and the Roanoke City Sheriff's Department as a patriotic employer for contributing to national security and protecting liberty and freedom by supporting participation in America's National Guard and Reserve Force." Also in attendance were ESGR, General White, and Mike Cavanaugh, United States Reserve Ambassador. General White commended the City of Roanoke for initiating and adopting a supportive plan for City employees serving in the National Guard and Reserve programs who have been, or may be, called to active duty. He stated that the United States is in a perilous period; the military is striving to remove itself from a quagmire not of its own choosing; active support and encouragement of the City's military member employees is vital for the war effort; and the Defense Department recognizes those municipalities such as the City of Roanoke and other employers that support the military. Mike Cavanaugh, representing Lt. General James R. Helmley, Chief of the Army Reserve, advised that in his position as Ambassador, he represents the eyes and ears of Lt. General Helmleyin the community and one of his responsibilities is to communicate what Reserve soldiers, who are an integral part of the United States Army, are doing worldwide. He stated that Reserve soldiers serve in over 100 countries around the world, and parts of the United States are populated strictly by Reservists who bring to their jobs as soldiers the spirit of their communities and their families, therefore, it is extremely important to remember that they are leaving their families and their employers when they go forth to serve in active duty. He advised that the U. S. Armyis appreciative of employers like the City of Roanoke who go the extra mile to ensure that the needs of the families of soldiers are met on the home front. On behalf of Lt. General Helmley, he presented the Vice-Mayor with a photograph of soldiers from the Roanoke area and a two star coin. Council Member Cutler advised that Roanoke makes up the difference between the military pay and the City of Roanoke pay in each instance for every Reservist and National Guard member employed by the City of Roanoke, which enables the employee to be kept whole with respect to his or her income while serving in active duty. General White commended the City of Roanoke for being recognized as the first municipality in the Commonwealth of Virginia to provide the differential in pay. The Vice-Mayor advised that there is no finer honor than to serve one's country, and the City of Roanoke values and supports the troops who are serving their country. He commended the Sheriff and the City Manager for their understanding of the dedication of Roanoke's employees who are members of the National Guard and the Reserve, and it is hoped that Roanoke's Sister Cities in the eastern part of the State will understand that the City of Roanoke made a positive and proper leadership decision and will follow suit. ACTS OFACKNOWLEDGEMENT-HOUSING/AUTHORITY-CITY EMPLOYEES: Earl Saunders, President; Carolyn Coles, Board Member; and Edward Murray, Executive Director, Rebuilding Together, Roanoke Program, advised that Rebuilding Together Roanoke is a volunteer organization that repairs the homes of elderly, disabled and Iow income persons in the Roanoke area. Mr. Saunders stated that this year, as a result of the support of sponsors from a wide range of organizations, businesses, churches, etc., Rebuilding Together made significant major repairs to 27 homes, 25 of which are located in the City of Roanoke. He advised that the City of Roanoke has been a sponsor for many years and this year 26 City volunteers, under the leadership of W. Dan Webb and River Laker representing the City's Department of Housing and Neighborhood Services, volunteered over 162 hours to repair a City-sponsored house. On behalf of Rebuilding Together Roanoke, Mr. Murray presented the Vice- Mayor with a plaque in appreciation of the City of Roanoke's sponsorship of a house. "On behalf of Grateful Homeowners Across the Roanoke Valley, Rebuilding Together would like to thank the City of Roanoke - Rebuilding Day 2005 Housing Sponsor." W. Dan Webb, Acting Director, Department of Housing and Neighborhood Services, advised that a team of approximately 20 City employees representing nine departments volunteered a total of 162 hours. He stated that repairs consisted of construction of a front porch, joist replacement, decking, guard rails, columns, painting, repair of a hole in the back porch, replacement of a door, yard work, gardening and two dumpsters of debris and trash were removed from the site. He advised that the project was enjoyed by all City employees and other participants and the City looks forward to participating in the program next year. The Vice-Mayor requested that the City Manager express the gratitude and appreciation of Councilto all City employees who participated in the program. He stated that whether the program is Rebuilding Together, or many other programs/projects that are initiated throughout the City, some of which are City sponsored, he is always amazed at the response and support of Roanoke's employees who take great pride in their desire to make the City of Roanoke a better community. CONSENT AGENDA The Vice-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, that item would be removed from the Consent Agenda and considered separately. He called specific attention to three requests for Closed Session. MINUTES: Minutes of the regular meeting of Council held on Monday, May 2, 2005, recessed until Wednesday, May 4, 2005, and Tuesday, May 10, 2005, were before the body. Council Member Dowe 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 Cutler and adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe and Vice- Mayor Fitzpatrick ................................................................................................. 6. NAYS: None ............................................................................................... O. (Mayor Harris was absent.) COMMITTEES-CITY COUNCIL: 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, was before the body. Council Member Dowe moved that Council concur in the request of the Vice- Mayor to convene in a Closed Meeting as above described. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe and Vice- Mayor Fitzpatrick ................................................................................................. 6. NAYS: None ............................................................................................... O. (Mayor Harris was absent.) CITY COUNCIL: Acommunication from Council Member 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, was before the body. Council Member Dowe moved that Council concur in the request to convene in a Closed Meeting as above described. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe and Vice- Mayor Fitzpatrick ................................................................................................. 6. NAYS: None ............................................................................................... O. (Mayor Harris was absent.) CITY COUNCIL: Acommunication from the City Manager requesting that Council convene in a Closed Meeting to discuss acquisition of real property for a public purpose, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the City, pursuant to Section 2.2- 3711 (A)(3), Code of Virginia (1950), as amended, was before the body. Council Member Dowe moved that Council concur in the request of the City Manager to convene in a Closed Meeting as above described. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe and Vice- Mayor Fitzpatrick ................................................................................................. 6. NAYS: None ............................................................................................... O. (Mayor Harris was absent.) REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: TRAFFIC: W. Jackson Burrows, 325 Willow Oak Drive, S.W., appeared before Council and referred to a recent meeting with the Mayor and the Vice-Mayor in which he and his father, David Burrows, discussed the need for additional parking on Crystal Spring Avenue between 22"d Street and 23r" Street, S. W., due to an increase in business activity in the area. He advised that the Mayor and Vice-Mayor suggested development of a proposed plan, along with any improvements that property owners might be willing to fund; therefore, he enlisted the services of Rife and Wood Architects to develop a proposal. He referred to a proposal which would provide an additional 13 spaces of diagonal parking, replacement of 280 feet of linear curb, three landscape islands would be required, the curve at 23rd Street would be redesigned, overgrown and oversized trees would be removed and replaced with an appropriate urban variety, six sections of sidewalk in front of the Mid Atlantic Securities and Crawford Commercial Real Estate building would be replaced, and lighting would be optional. (See proposal on file in the City Clerk's Office.) Discussion by Council involved whether the proposed improvements could be considered as a part of the village center concept; a concern was expressed with regard to cutting down trees, although it was acknowledged that current trees have become over grown; parking issues; the feasibility of a partnership between the City of Roanoke and business interests in the area; and the condition of an alley at the rear of Lipes Pharmacy. In response to questions raised during the discussion, the City Manager advised that any project that would enhance the vitality of the community, while maintaining the residential character of the neighborhood would be in keeping with the village center concept as discussed in the City's Comprehensive Plan. With regard to funding of improvements through a partnership between the City of Roanoke and area businesses, she referred to the Grandin Road area that was funded solely by the City of Roanoke, the neighborhood was involved in the planning process, adjustments were made in the plan for parking, and traffic calming measures were implemented. With regard to alley maintenance, she advised that the City maintains those public alleys from which it removes solid waste; and three to four years ago, when the City made the decision to discontinue the practice of collecting solid waste from certain alleys, it was with the Council's understanding that the City would no longer maintain alleys for private use. She stated that the alley in question at the rear of Lipes Pharmacy is open to public access and would be maintained by the City. Everett Ward, President, Tinnell's Finer Foods, 2205 Crystal Spring Avenue, S. W., called attention to proposed plans to expand the retail operation and to improve the physical site. He stated that it is hoped that the City of Roanoke values the contributions of businesses in the area and will play an active role in connection with parking, streetscape, sidewalk, and landscaping improvements. He commended the City for recognizing Roanoke's village centers as a unique contribution to the economic life of the City and advised that village centers are not just an economic asset for retail services and the village concept they encourage, but they represent atrue asset for the branding strategy that the City could use in its economic development efforts. He noted that potential employers often consider good schools and great neighborhoods when looking at locations to relocate, the City of Roanoke is fortunate to have thriving village centers, and it is hoped that the City will consider a partnership with businesses to improve this area of the City of Roanoke. Ford Kemper, 2515 Avenham Avenue, S.W., spoke in support of the remarks of Mr. Ward. He stated that Tinnell's Finer Foods provides an anchor for a successful village center and it is important that existing village centers not be taken for granted as the City invests in other areas that could be vastly improved through modest improvements. He stated that with the surge of successful business activities, the Crystal Spring area could be vastly enhanced and improved as a result of certain modest improvements. There being no further discussion, and without objection by Council, the Vice-Mayor advised that the proposal presented by Mr. Burrows would be referred to the City Manager for review and recommendation to Council. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: See pages 28-38. ITEMS RECOMMENDED FOR ACTION: BUDGET-HOUSING/AUTHORITY-GRANTS: The City Manager submitted a communication advising that CDBG, HOME and ESG funds provide for avariety 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 entitlement grant funds for over 20 years and must reapply annually; and on May 10, 2005, pursuant to Resolution No. 37051-051005, Council authorized the filing of three separate funding applications as part of its approval of submission of the 2005-2010 Consolidated Plan to HUD. It was further advised that the funding release process is underway, and HUD's letter of approval is forthcoming granting the City access to 2005-2006 CDBG, HOME and ESG entitlements; the 2005-2010 Consolidated Plan with Fiscal Year 2005-2006 Action Plan approved by Council included $4,103,618.00 in new entitlement funds, anticipated program income and funds unexpended from prior year accounts; and recommended actions also include appropriation of an additional $77,015.00 of HOME funds being appropriated to 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. It was noted that acceptance of funds and appropriation or transfer to certain accounts are needed in order to permit 2005-2006 activities to proceed; and acceptance of the 2005-2006 HOME entitlement requires $85,191.OO in local match which will be satisfied by excess matching funds banked in previous years from such sources as below market rate loans from non-federal sources. The City Manager recommended that Council adopt a resolution accepting 2005-2006 CDBG, HOME and ESG entitlement funds, in the amount of $2,909,053.00, contingent upon receipt of an approval letter from HUD as follows: CDBG 2005-2006 Entitlement HOME 2005-06 Entitlement ESG 2005-2006 Entitlement TOTAL $2,104,805.00 723,526.00 80,722.00 $2,909,053.00 · Authorize the City Manager to execute the required Grant Agreements, Funding Approval, and other forms required by HUD in order to accept the funds, subject to approval as to form by the City Attorney; · Appropriate $2,909,053.00 entitlement and $483,051.00 in anticipated program income to revenue and expenditure accounts in the Grant Fund to be established by the Director of Finance; · Transfer $356,457.00 in CDBG and HOME accounts from prior years to projects included in the 2005-2006 CDBG and HOME programs; · Increase the revenue estimate in CDBG revenue accounts byatotal of $401,152.00 and appropriate the funds into project expenditure accounts; and · Increase the revenue estimate in HOME revenue accounts by a total of $30,920.00 and appropriate the funds into project expenditure accounts. Council Member Cutler offered the following budget ordinance: (#37086-062005) AN ORDINANCE to appropriate funding for 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. (For full text of ordinance, see Ordinance Book No. 69, Page 434.) Council Member Cutler moved the adoption of Ordinance No. 37086- 062005. The motion was seconded by Council Member Dowe and adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe and Vice- Mayor Fitzpatrick ................................................................................................. 6. NAYS: None ............................................................................................... 0. (Mayor Harris was absent.) Council Member Cutler offered the following resolution: (#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). (For full text of resolution, see Resolution Book No. 69, Page 437.) Council Member Cutler moved the adoption of Resolution No. 37087- 062005. The motion was seconded by Council Member Dowe and adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe and Vice- Mayor Fitzpatrick ................................................................................................. 6. NAYS: None ............................................................................................... 0. (Mayor Harris was absent.) BUDGET-GRANTS-ECONOMIC DEVELOPMENT: The City Manager submitted a communication advising that 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 2005 for a grant to purchase a marketing booth for trade shows; and in April, the Virginia Economic Development Partnership awarded the City of Roanoke a grant in the amount of $6,061.20, requiring 50 per cent in matching funds. It was further advised that matching funds for the grant of $3,030.60 is available in the Economic Development Department budget, Account No. 001-310- 8120~2015; and the contract to receive the grant was executed by the City Manager and returned to the State by June 17, 2005, in order for the funds to be received. It was explained that action by Council is needed for the City of Roanoke to formally accept and appropriate funds and to authorize the Director of Finance to establish a revenue account to receive the funds; and Council must certify its acceptance of the City Manager's execution of the Agreement for the Virginia Opportunity Region Grant. The City Manager recommended that Council accept the grant and appropriate State grant funds, in the amount of $6,061.20, in an account to be established by the Director of Finance in the Grant Fund; and approve and ratify the City Manager's execution of the above referred grant agreement and authorize the City Manager to execute any other required grant documents, subject to approval as to form by the City Attorney. Council Member Dowe offered the following budget ordinance: (#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. (For full text of ordinance, see Ordinance Book No. 69, Page 438.) Council Member Dowe moved the adoption of Ordinance No. 37088- 062005. The motion was seconded by Council Member McDaniel and adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe and Vice- Mayor Fitzpatrick ................................................................................................. 6. NAYS: None ............................................................................................... 0. (Mayor Harris was absent.) Council Member Dowe offered the following resolution: (#370897062005) A RESOLUTION authorizing the acceptance of a Virginia Opportunity Region Grant from the Virginia Economic Development Partnership; ratifying the execution of grant documents; and authorizing execution of any other required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 69, Page 438.) Council Member Dowe moved the adoption of Resolution No. 37089- 062005. The motion was seconded by Council Member Cutler and adopted bythe following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe and Vice- Mayor Fitzpatrick ................................................................................................. 6. NAYS: None ............................................................................................... 0. (Mayor Harris was absent.) FIRE DEPARTMENT-SALE/PURCHASE OF PROPERTY: The City Manager submitted a communication advising that 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 fire stations; a site has been identified on Williamson Road that is suitable for one of the new stations; the owner has agreed to sell the property for $225,000.00 "net"; and appropriation of funds for purchase of the property is included in another report to be addressed at a later time during the Council meeting. The City Manager recommended that she be authorized to acquire, in fee simple, a parcel of land identified as Official Tax No. 2170128, following satisfactory environmental site inspection and title examination. Council Member Dowe offered the following ordinance: (#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, bearing Roanoke City Tax No. 2170128, and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 69, Page 439.) Council Member Dowe moved the adoption of Ordinance No. 37090- 062005. The motion was seconded by Council Member McDaniel and adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe and Vice- Mayor Fitzpatrick ................................................................................................. 6. NAYS: None ............................................................................................... 0. (Mayor Harris was absent.) BUDGET-INDUSTRIES-ECONOMIC DEVELOPMENT: The City Manager submitted a communication advising that 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; and part of the Agreement was a $200,000.00 grant from the Governor's Opportunity Fund. It was further advised that following the signing of the Agreement, Maple Leaf indicated the original investment would be less than $32 million, and the Company 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 that $110,000.00 of GOF monies would be available to Maple Leaf up front and the remaining $90,000.00 would be available once original requirements were met; and the City had already matched the original $200,000.00. It was explained that earlier this year, Maple Leaf indicated that it had met the terms of the original Agreement and supplied documentation; a letter was sent to the Virginia Economic Development Partnership requesting the remaining $90,000.00 which was received by the City on May 23, 2005; and funds received from the Governor's Opportunity Fund must be appropriated by Council before funds may be paid to Maple Leaf via the IDA. The City Manager recommended that Council adopt an ordinance establishing a revenue estimate of $90,000.00 in the Capital Projects Fund, Account No. 008-310-9635-9830, Maple Leaf Development, and appropriate funds in the same amount to an expenditure account to be established by the Director of Finance. Council Member Cutler offered the following budget ordinance: (#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 with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 69, Page 440.) Council Member Cutler moved the adoption of Ordinance No. 37091- 062005. The motion was seconded by Council Member McDaniel and adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe and Vice- Mayor Fitzpatrick ................................................................................................. 6. NAYS: None ............................................................................................... 0. (Mayor Harris was absent.) BUDGET-YMCA.IGREENWAY SYSTEM: The City Manager submitted a communication advising that beginning in fiscal year 2002, the City committed to a $2.0 million investment to be paid in $200,000.00 increments over a ten-year period to the Downtown Family YMCA; funds cover costs associated with design and construction of a new central branch YMCA complex; and 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. It was further advised that beginning in fiscal year 2002, the City committed to contributing $200,000.00 per year for ten 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; greenways connect people to various aspects of a community such as parks, shops, schools and neighborhoods; and Roanoke currently has several greenway projects underway in various stages of development, with acore design element to include connections to Roanoke's primary greenway artery, the Roanoke River Greenway. The City Manager recommended that Council adopt an ordinance to appropriate $200,000.00 from the Economic and Community Development Reserve to the Downtown Family YMCA, Account No. 008-620-9757-9003; and appropriate $200,000.00 from the Economic and Community Development Reserve to Greenways Development, Account No. 008-620-9753-9003. Council Member Cutler offered the following budget ordinance: (#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. (For full text of ordinance, see Ordinance Book No. 69, Page 441.) Council Member Cutler moved the adoption of Ordinance No. 37092- 062005. The motion was seconded by Council MemberDowe. Council Member Cutler expressed concern with regard to the financial status of the Roanoke Valley GreenwayCommission and staff that was established some time ago with the assistance of a State grant which will soon expire. He stated that funds will be needed from all participating governments to retain the position of Executive Director and to address other Greenway Commission expenses. The City Manager responded that the above referenced request pertains to capital funds and aten year commitment made by the City several years ago to set aside $200,000.00 per year for greenway construction, in order to complete the greenway system and the City's contribution to the new YMCA. She advised that while the ongoing operation and administration of the Roanoke Valley Greenway Commission may be an issue in the future, it is not anticipated to impact the current year budget, or the upcoming fiscal year budget, and a request for funds will be addressed at such time as the Roanoke Valley Greenway Commission submits an official request to all Roanoke Valley jurisdictions for additional operating funds. Council Member Wishneffadvised that when the Economic and Community Development Reserve Fund was established, his expectation was that the Fund would be used for economic development proposes/projects, and not general community commitments, or commitments that were made for a certain period of time. He further stated that he was not opposed to either the YMCA Aquatic Center or Greenway Development Projects, but funds are proposed to be taken from the wrong funding source, therefore, he could not support the recommendation of the City Manager. There being no further discussion, Ordinance No. 37092-062005 was adopted by the following vote: AYES: Council Members Lea, McDaniel, Cutler, Dowe and Vice-Mayor Fitzpatrick ........................................................................................................... 5. NAYS: Council MemberWishneff ............................................................... (Mayor Harris was absent.) BUDGET-FLEET MANAGEMENT: The City Manager submitted a communication advising that it is anticipated that the cost of vehicle repairs for vehicles used by General Fund departments will exceed the budget by $250,000.00 due to 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 are generally more costly to repair; and it is anticipated that expenses for the Occupational Health Clinic will exceed the budget by $51,000.00 due to expanding program services to include family members of employees. it was further advised that funding to address additional costs for 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 by $386,000.00 as a result of an increase in the Recordation Tax approved during the 2004 Session of the Virginia General Assembly that became effective in September 2004; and funding to cover expenses of the Occupational Health Clinic is provided from the Health Insurance Reserve. The City Manager recommended that the Director of Finance be authorized to increase the Recordation Tax, Account No. 001-110-1234-0216 revenue estimate by $386,000.00; increase Occupational Health Services, Account No. 001 - 110-1234-0884 revenue estimate by $51,000.00; appropriate $250,000.00 for vehicle repairs; appropriate $51,000.00 to the Occupational Health Clinic budget, Account No. 001-340-1263; appropriate $136,000.00 to the City Manager Contingency, Account No. 001-300-9410-2199, as an additional contingency for unplanned expenditures and year-end close out; and use of the funding will be reported to Council in the City Manager Transfer section of the monthly financial report. Council Member Dowe offered the following budget ordinance: (#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. (For full text of ordinance, see Ordinance Book No. 69, Page 442.) Council Member Dowe moved the adoption of Ordinance No. 37093- 062005. The motion was seconded by Council Member McDaniel and adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe and Vice~ Mayor Fitzpatrick ................................................................................................. 6. NAYS: None ............................................................................................... 0. (Mayor Harris was absent.) ART MUSEUM OF WESTERN VIRGINIA: The City Manager submitted a communication advising that 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 to be located in the City of Roanoke to house an Art Museum, and possibly other entities to provide facilities and services to residents of the City of Roanoke and Southwestern Virginia; the Agreement required certain actions to be taken on or before acertain date or dates; the Agreement was amended on June 17, 2002, in order to extend the time of performance of certain actions to be taken pursuant to the Agreement; and the City of Roanoke and the Art Museum mutually desire that the time of performance of certain actions to be taken pursuant to the Agreement be extended for another one-year period. it was further advised that 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; and the Foundation desires to assign its rights and obligations pursuant to the Agreement to the Art Museum of Western Virginia "(Art Museum"). It was noted that 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; Amendment No. 2 is necessary to extend the time of performance of certain actions to be taken pursuant to the Agreement; and Amendment No. 3 is necessary to amend certain provisions of the Agreement pursuant to the Assignment of Agreement and certain other developments. The City Manager recommended that she be authorized to execute the Assignment of Agreement for disposition of certain propertytotheArt Museum of Western Virginia, subject to approval as to form by the City Attorney; 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, subject to approval as to form by the City Attorney; and 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, subject to approval as to form by the City Attorney. Council Member Dowe offered the following resolution: (#37094~062005) A RESOLUTION authorizing execution of an amendment to an Agreement with the Art 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 Art Museum its rights and obligations pursuant to an agreement with the City dated April 16, 2002. (For full text of resolution, see Resolution Book No. 69, Page 444.) Council Member Dowe moved the adoption of Resolution No. 37094- 062005. The motion was seconded by Council Member Cutler. E. Duane Howard, 1135 WasenaAvenue, S. W., advised that he did notwish to take issue with design aspects of the proposed building; however, the new Art Museum should be located on a City block by itself, surrounded by green space, trees, fountains and park benches, in order to create a building that would be representative of the Roanoke Valley and the mountains that the building represents, instead of being situated between an ancient building and a freeway, all of which would be a disgrace not only to the Art Museum, but to the art elements that the building will house. He stated that his preference would be to replace an entire City block of old historic buildings in order to construct a new futuristic art museum building. Council MemberWishneffcalled attention to discussion in the next 30 to 60 days with regard to creating a Cultural District in the City of Roanoke. He stated that all across the country, there is a growing recognition that locating museums in the suburbs is not the way to go and there is now an interest in bringing museums back to the downtown central core, within walking distance of other cultural and retail establishments. Council Member Cutler advised that the proposed location will be accessible to and in the heart of the City of Roanoke where various improvements are currently taking place in the downtown area. He stated that architectural diversity will also be a plus. Council Member Dowe advised that because of limited available space, the City of Roanoke is faced with situations where it is necessary to be creative. He stated that he is excited to hear the comments of Mr. Howard concerning the new building, especially since Mr. Howard has articulated himself as a natural preservationist and a person who gravitates toward history. Resolution No. 37094-062005 was adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe and Vice- Mayor Fitzpatrick ................................................................................................. 6. NAYS: None ............................................................................................... 0. (Mayor Harris was absent.) CONVENTION AND VISITORS BUREAU-TOURISM-VISITOR'S INFORMATION CENTER: The City Manager submitted a communication advising that 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 Council on May 10, 2005, the Memberships and Affiliations budget includes funding of $541,440.00 specifically designated for the RVCVB; and an additional $306,000.00 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. It was further advised that the City of Roanoke has negotiated a one-year Agreement commencing July 1, 2005, with the RVCVB detailing the use of the 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 the approval of Council; the RVCVB submitted a detailed report listing 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. The City Manager recommended that she be authorized to execute an Agreement, in the amount of $847,440.00, with the RVCVB, subject to approval by the City Attorney, for the express purpose of marketing the Roanoke Valley as a regional destination for convention and destination tourism. Council Member Dowe offered the following resolution: (#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. (For full text of resolution, see Resolution Book No. 69, Page 445.) Council Member Dowe moved the adoption of Resolution No. 37095- 062005. The motion was seconded by Council MemberMcDaniel. E. Duane Howard, 1135 Wasena Avenue, S. W., expressed concern with regard to the overall image of the City of Roanoke and the lack of maintenance of certain City facilities. He referred to a photograph in the 2005 City Calendar depicting downtown Roanoke and showing trash piled up on the street beside a fire hydrant. He called attention to trash that was allowed to accumulate around a fire hydrant on Luck Avenue, S. W., in the general vicinity of the Jefferson Center that was removed after numerous complaints were filed with various City departments. He advised that some time ago, the City spent over $220,000.00 on improvements to Wiley Drive and Smith Park, and called attention to broken/damaged cement flower boxes along Smith Park and Wiley Drive which serve as an example of improperly maintained City facilities. Council Member Wishneff inquired as to the number of Roanoke Valley jurisdictions that are dues paying members of the Roanoke Valley Convention and Visitors Bureau; whereupon, the City Manager advised that the City of Roanoke provides approximately 75 per cent of all funding for the RVCVB; i.e.: in the range of $850,000.00 and several years ago, the City increased the transient lodging tax and dedicated the additional one per cent for the purposes of marketing Roanoke; and other participants in funding the Convention and Visitors Bureau are Roanoke County, the City of Salem, Botetourt County, Franklin County and Craig County. The City Manager advised that for a number of years she has advocated an increase in the contribution by other Roanoke Valley jurisdictions to the RVCVB; and recently the Convention and Visitors Bureau prepared a strategic plan, however, the plan lacks the ability to be delivered due to the lack of additional funding. She stated that a strategic plan will be prepared including various options through which the Convention and Visitors Bureau would pursue additional funding, both through the public sector and the private sector, and the RVCVB has been encouraged to look at potential membership and involvement by the business community. She added that the City has placed the Convention and Visitors Bureau on notice that the City of Roanoke would not consider increasing its level of participation until there is a serious effort on the part of other jurisdictions to pay their fair share which can be determined in a number of different ways. During further discussion, the City Manager advised that the Sports Committee of the Roanoke Valley Convention and Visitors Bureau is one of the most active committees of the RVCVB and is composed of persons who have a keen interest in athletics and sports. She stated that the Sports Committee actively solicits conferences, conventions and tournaments to the Roanoke Valley in an effort to expose Roanoke to those persons who might not otherwise visit the locality. Council Member Lea expressed concern with regard to sports marketing efforts by the Roanoke Valley Convention and Visitors Bureau. He spoke in support of the City of Roanoke hosting aVirginia high school league playoffgame in any sport, and stated that he would like for the City of Roanoke to become more involved in amateur sports, even at the NCAA level. He referred to sporting events that are held throughout the Roanoke Valley such as the City of Radford hosts the spring jubilee of all schools across the state for spring sports (tennis, golf, baseball, etc.); for a number of years the City of Lynchburg hosted the Virginia High School League State Basketball Tournament; Liberty University hosts a football tournament; and the CityofSalem hosts numerous sporting events. He stated that even though the Roanoke Valley Convention and Visitors Bureau represents the entire Roanoke Valley, he would like to ensure that the City of Roanoke is in the forefront. While he expressed appreciation for the work of the RVCVB, he stated that in the future, it is hoped that the RVCVB will be more focused on bringing sporting events to the City of Roanoke, especially in view of the fact that the City provides 75 per cent of RVCVB funding. Council Member Dowe advised that those Roanoke Valley jurisdictions that were once dependent upon the City of Roanoke for certain things are not as dependent today. He called attention to a recent news conference that announced six new tournaments that other jurisdictions in the Roanoke Valley do not have sufficient hotel space to accommodate and the primary reason that the City of Roanoke cannot be the lead locality is due to the fact that Roanoke does not have adequate playing facilities. He encouraged Roanoke Valley localities to submit regional packages for sporting events/tournaments. Council Member Lea responded that the issue is not so much whether or not the City of Roanoke has adequate playing facilities, but a question of making wise decisions in terms of priorities. Resolution No. 37095-062005 was adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe and Vice- Mayor Fitzpatrick ................................................................................................. 6. NAYS: None ............................................................................................... O. (Mayor Harris was absent.) HUMAN DEVELOPMENT: The City Manager submitted a communication advising that the City of Roanoke Department of Social Services has a contract with Virginia Commonwealth University (VCU) to manage Virginia Institute for Social Services Training Activities (VISSTA) Piedmont Area Training Center; the contract is subject to renewal annually, and includes funding for all expenses that are necessary to operate the program; the Center located in downtown Roanoke, is one of five Centers in the Commonwealth of Virginia, and within the Piedmont region, and the City of Roanoke DSS is the largest agency served; training is provided to staff of local departments of social services in the region; and childcare providers in the area also receive training at VISSTA. It was further advised that beginning this year, the VISSTA Area Training Center has expanded services to provide policy training formerly conducted directly by the Virginia Department of Social Services; there were approximately 3,962 people trained in Roanoke in fiscal year 2004, and it is anticipated that 5,000 persons will come to Roanoke for VISSTA training by the end of fiscal year 2005; the number will increase for fiscal year 2006; and VCU is adding eight trainers and one training assistant to work out of the Roanoke office; therefore, additional office space and training facilities are needed. It was explained that approximately 4,450 square feet of office space is under lease at First Campbell Square, of which 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; areas are located on the fourth floor and include atraining room, two computer labs, four offices and a storage area; current leases for the area will expire on April 30, 2006; space will be remodeled to eliminate offices and storage areas and add a multipurpose lunchroom/training area; leases need to be extended in order to expire at the same time as additional space to be rented; and the new lease rate for combined areas on the fourth floor shall be $63,412.50 annually ($14.25 per square foot), which will include the cost of renovations. It was noted that an additional area of approximately 3,300 square feet on the first floor needs to be leased for expanded space for storage, 14 offices, and a conference room; proposed rent for the space is $47,025.00 annually ($14.25 per square foot) which includes the cost of renovations; funds for the leases are 100 per cent reimbursable from VCU, and the VISSTA budget for fiscal year 2006 from VCU will include the amount needed for the lease; should funding fromVCU cease, the City may terminate the lease; and funds have been appropriated to the City's fiscal year 2005-2006 budget for VISSTA and are included in the General Fund revenue estimate. The City Manager recommended that she be authorized to execute a Lease Agreement with First Campbell Square, LLC, subject to approval as to form by the City Attorney, for 3,300 square feet of space located on the first floor of First Campbell Square and for a period of five years, beginning July 1,2005 and ending June 30, 2010; and to execute amendments to the May 7, 1998 lease and the May 1,2001 lease with First Campbell Square, LLC, subject to approval by the City Attorney, to extend the term of such leases until June 30, 2010. Council Member Cutler offered the following ordinance: (#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. (For full text of ordinance, see Ordinance Book No. 69, Page 446.) Council Member Cutler moved the adoption of Ordinance No. 37096- 062005. The motion was seconded by Council Member McDaniel and adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe and Vice- Mayor Fitzpatrick ................................................................................................. 6. NAYS: None ............................................................................................... 0. (Mayor Harris was absent.) LICENSES: The City Manager submitted a communication advising that 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 of Roanoke; the License Agreement provides that KMCwill provide four dark fiber to the City at no cost; and the License Agreement was extended by an Extension Agreement dated October 2, 1997, further amended by a First Amendment dated February 25, 1998, and aSecond Amendment dated October 1, 1998, which extended the License Agreement on a month-to-month basis; and KMC Virginia has operated in the City of Roanoke since January 7, 1997, and has established a customer base within the City. It was further advised that in February 2005, KMCVirginiaandTelCove, 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, the Asset Purchase Agreement provides that other KMC facilities in Virginia will also be transferred and assigned to TelCove, Inc., and/or TelCove Virginia; the transfer is intended to take place on July 1,2005, or as soon thereafter as the necessary governmental approvals can be obtained; and KMC Virginia and TelCove Virginia have filed a joint application with the Virginia State Corporation Commission to approve the asset transfer. It was explained that the License Agreement requires any transfer or assignment by KMC Virginia of such License Agreement to have the consent of Council; accordingly, KMC Virginia, TelCove, Inc., and TelCove Virginia have requested that Council consent to the transfer and assignment; and TelCove Virginia and/or TelCove, Inc., have agreed to fully comply with all terms, conditions and obligations of the License Agreement. The City Manager recommended that Council consent to the transfer and assignment of the Temporary Nonexclusive Revocable License Agreement between the City of Roanoke and KMC Virginia to TelCove, Inc., and/orTelCove 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; and that the City Manager be further authorized to take such actions and to execute such documents as may be necessary to accomplish the transfer and assignment and to administer and enforce the License Agreement. Council Member Cutler offered the following resolution: (#37097-062005) A RESOLUTION 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., (KMC Virginia) to TelCove of Virginia, LLC and/orTelCove, 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. (For full text of resolution, see Resolution Book No. 69, Page 447.) Council Member Cutler moved the adoption of Resolution No. 37097- 062005. The motion was seconded by Council Member Dowe and adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe and Vice- Mayor Fitzpatrick ................................................................................................. 6. NAYS: None ............................................................................................... 0. (Mayor Harris was absent.) 2! SEWERS AND STORM DRAINS-BUDGET-STREETS AND ALLEYS: The City Manager submitted a communication advising that the Southern Hills Neighborhood Plan identifies storm drain and street improvements needed along Southern Hills Drive; and plans have been completed to provide for an underground drainage system, improved water mains, sanitary sewer and a new curb and gutter, at an estimated total project cost of $1,740,000.00. The City Manager recommended that Council transfer $1,740,000.00 to Account No. 008-530-9835, Southern Hills Drive Drainage, from the following sources: Source Amount Account UnappropriatedCMERP $407,756.00 001-3323 Capital Improvement Reserve - Economic Development $576,006.00 008-530-9575-9178 Grow America Fund $225,000.00 008-310~9688-9003 Peters Creek Detention Basins $140,064.00 008-056-9656-9088 Johnson &Johnson Offsite Improvements $54,248.00 008-002-9700-9003 Johnson &Johnson Offsite Improvements $49,703.00 008-002-9700-9001 NPDESPhasell $65,800.00 008-530-9736-9003 Transportation - Street Paving (FY05-06Funds) $153,082.00 001-530-4120-2010 Curb, Gutter, Sidewalk#3 $68,341.00 008-530-9806-9076 Total $1,740,000.00 Council Member Cutler offered the following budget ordinance: (#37098-062005) AN ORDINANCE to transfer funding from various capital projects to the Southern 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. (For full text of ordinance, see Ordinance Book No. 69, Page 448.) Council Member Cutler moved the adoption of Ordinance No. 37098- 062005. The motion was seconded by Council MemberDowe. Upon question, the City Manager advised that the project extends down the entire length of Southern Hills Drive to the intersection with Griffin Road; and the project involves not only the creation of an appropriate storm drainage system for the area, but increases the water main from atwo inch main to an eight inch main, realigns the sanitary sewer system and provides a new curb and gutter system. She stated that the project was first contemplated in 1999, when a proposal for development of certain property on Route 220 was submitted and the developer was given an incentive package that involved a commitment of approximately $800,000.00 for certain improvements that did not materialize. She explained that the same $800,000.00 that were set aside for the project are now included in the transfers that are shown as the Grow America Fund and the Capital Improvement Reserve; and funds were reallocated several years ago when the Southern Hills development project did not occur. The City Manager further advised that this is a project that is long overdue; therefore, the various transfers are recommended; the City will be reimbursed by the Western Virginia Water Authority for the water main upgrade which would be bid with the total project and the cost of sewer main improvements would not be reimbursable inasmuch as they are not considered to be an upgrade, but are required to be moved because the sewer main interferes with location of the storm drainage system. Question was raised with regard to ownership of sewer and water mains, etc., following construction; whereupon, the City Manager advised that water and sewer mains would become the ownership and responsibility for maintenance of the Western Virginia Water Authority, and the storm drainage system, curb and gutter, and paving of the street would become the responsibility of the City of Roanoke for future maintenance. There being no further discussion, Ordinance No. 37098-062005 was adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe and Vice- Mayor Fitzpatrick ................................................................................................. 6. NAYS: None ............................................................................................... 0. (Mayor Harris was absent.) Council Member Dowe offered the following budget ordinance: (#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. (For full text of ordinance, see Ordinance Book No. 69, Page 449.) Council Member Dowe moved the adoption of Ordinance No. 37099- 062005. The motion was seconded by Council Member McDaniel and adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe and Vice- Mayor Fitzpatrick ................................................................................................. 6. NAYS: None ............................................................................................... 0. (Mayor Harris was absent.) DIRECTOR OF FINANCE: BUDGET-SCHOOLS: The Director of Finance submitted acommunication transmitting a request for appropriation of $300,000.00 for the Food Service Program, representing additional costs experienced by the Program through fiscal year 2005, said program to be 100 per cent reimbursed by Federal funds. The Director of Finance recommended that Council concur in the request of the School Board. Council Member Dowe offered the following budget ordinance: (#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. (For full text of ordinance, see Ordinance Book No. 69, Page 450.) Council Member Dowe moved the adoption of Ordinance No. 37100- 062005. The motion was seconded by Council Member McDaniel and adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe and Vice- Mayor Fitzpatrick ................................................................................................. 6. NAYS: None ............................................................................................... 0. (Mayor Harris was absent.) REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: ACTS OF ACKNOWLEDGEMENT-CITY COUNCIL: Council Member Dowe acknowledged recipients of the 13'nai Brith Athletic Achievement Awards which were presented on May 23, 2005. ACTS OF ACKNOWLEDGEMENT-CITY COUNCIL: 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. ANIMALS/INSECTS-PARKS AND RECREATION-CITY COUNCIL: Council Member Wishneff requested that the City Manager explore the feasibility of establishing a dog park in the City of Roanoke. The City Manager advised that adog park is under consideration largely as a result of enforcement efforts by Animal Control Officers of the leash requirement in City parks, and Council will be provided with a progress report. DRUGS/SUBSTANCE ABUSE-CITY COUNCIL: 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 action(s), if any, that may be taken by the City. The City Attorney responded that the City of Roanoke is not a party to the lawsuit and, at some point, an evidentiary hearing will be held to allow both parties in the case to present evidence that will enable a judge to rule on the motion before the court. CITY COUNCIL-SCHOOLS: 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 ] 2, 2005, and encouraged all citizens to visit the new facility. CITY COUNCIL-GREENWAY SYSTEM-WATER RESOURCES: Council Member Cutler called attention to volunteer efforts by approximately 130 persons, representing atotal of 1,738 hours of labor, to improve biking and hiking trails at the Carvins Cove Natural Reserve. ACTS OF ACKNOWLEDGEMENT-CITY COUNCIL-DOWNTOWN ROANOKE, INCORPORATED: Council Member Cutler congratulated Downtown Roanoke, Inc., for hosting "Movies in the Park" in Elmwood Park. DRUGS/SUBSTANCE ABUSE-CITY COUNCIL: Council Member Cutler referred to an article in the Sunday, June 19, 2005 edition of The Roanoke Times under the caption, "Working 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. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Vice-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: 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 alleged police brutality and he again addressed the Council on Monday, May 2, 2005, and suggested proposed recommendations for changes to the City's police complaint process. He expressed concern that to date, he had not received a response from the City Manager. ARMORY/STADIUM-SCHOOLS: 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 in 2005. If the City plans to spend $136,000.00 on improvements to Victory Stadium to accommodate high school football in the fall, he suggested that another $150,000.00 be spent to repair seats and to renovate restrooms. He stated that renovating Victory Stadium would cost one-half the time and money compared to building a new structure. POLICE DEPARTMENT-PARKS AND RECREATION-REFUSE COLLECTION- HOUSING/AUTHORITY-WEED ABATEMENT PROGRAM: Evelyn D. Bethel, 35 Patton Avenue, N. E., advised that some time ago, pursuant to action taken bya previous City Council, the Gainsboro community was targeted for urban renewal; whereupon, she inquired if the Gainsboro area is still considered to be a redevelopment area. She referred to a previous statement by the City Manager that a dog park is currently under consideration 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, the neighborhood was recently informed that the space may be used for construction of houses. She called attention to accumulation of trash in certain sections of the City where residents fill the large blue trash receptacles over 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 by inspectors throughout the entire City of Roanoke. She called attention to the 1-581 area in the vicinity of the Roanoke Civic Center where litter has accumulated. She suggested that the City enact a"scoop the poop" program to help keep the City of Roanoke clean. PARKS AND RECREATION~RENTAL INSPECTION PROGRAM: 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, seven days a week. He referred to proposed amendments to the City's Rental Inspection Program which is scheduled to be heard at the Council's 7:00 p.m. session and stated that the proposed ordinance will be ineffective in addressing Roanoke's rental properties. He advised that he was prepared to present further information to substantiate his statement at the Council's 7:00 p.m. public hearing. CITY MANAGER COMMENTS: CITY MANAGER: 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. CITY MANAGER-REFUSE COLLECTION: 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 was the recipient of the J. Robert Howland Outstanding Achievement Local Government Innovation Award for the Solid Waste Management Roanoke Auxiliary Cab. Frank W. Decker, III, Division Manager, Solid Waste Management, advised that design of the Roanoke Auxiliary Cab was ateam building effort by employees of Solid Waste Management and Fleet Management in partnership with Truck Enterprises of Roanoke. He explained that the project involved a separate auxiliary cab for the third crew member and a dedicated space for tools, safety equipment and personal items, and the Roanoke Auxiliary Cab meets the objective of enhanced worker safety, efficiency and customer service. ACTS OF ACKNOWLEDGEMENT-CITY EMPLOYEES: The City Manager advised that ateam of 72 City employees and their families and friends participated in the American Cancer Society's Relay for Life on June 17 - 18, 2005, at the Roanoke Civic Center and raised approximately $4,800.00. HOUSING/AUTHORITY: The City Manager advised that the Colonial Green site will be cleared for construction of new houses and infrastructure during the week of June 20, 2005. PARKS AND RECREATION-HOUSING/AUTHORITY: In response to previous remarks made by Ms. Evelyn D. Bethel, the City Manager advised that the Gainsboro community continues to be a redevelopment area. She stated that the property referenced by Ms. Bethel for park purposes is owned by the Roanoke Redevelopment and Housing Authority, correspondence with reference to the matter was sent 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. She stated that the Roanoke Redevelopment and Housing Authority owns the property in question. At 4:10 p.m., the Vice-Mayor declared the Council meeting in recess for two briefings, to be followed by three Closed Sessions which were approved earlier in the meeting. At 4:20 p.m., the Council meeting reconvened in the Council's Conference Room, Room 451, Noel C. Taylor Municipal Building, for the following briefings: ROANOKE CIVIC CENTER: The City Manager called upon Charles Anderson, Architect, representing the City Engineer's Office, for the following overview of the Roanoke Civic Center Phase II Expansion Project: Drawings taken from construction documents prepared by the architectural design consultant showed a large part of the site containing the Performing Arts Theatre, Coliseum Building and Phase I Office Buildings; Phase II Expansion consists of construction of approximately 75,000 total square feet, of which about 46,000 square feet includes the new Exhibit Hall as the centerpiece of expansion; A primary reason for constructing the new Exhibit Hall was to alleviate the current problem regarding the leasing of facilities for either exhibits or sporting events during the months of October through April; · A proposed 5,000 - 6,000 square foot kitchen will have its own loading dock and will be centrally located; Kitchen and concession staff will be able to serve all elements within the complex, with access to meeting rooms, banquet halls and the Performing Arts Theatre; · The north end of the new building will include a storage room that is designed to meet the needs of the Exhibit Hall; · The south end of the new building will include a small concession area; · Restrooms will be located and accessible to the Exhibit Hall, along the main corridor, and the lobby pre-function area; Access to the building will be primarily from the east side, located just to the west of the current entrance in the plaza area, with an entry point on the north end of the building off the parking area; · A main feature of Phase II of the project will be a new and improved loading dock; · Parking space will be available within the truck loading area for three vehicles, security fencing, etc.; · RV and camper parking spaces for supporting staff of individual events will be located on the west side of the facilities; The Exhibit Hall will have a clear height of 30 feet which will accommodate sizeable exhibits such as large masts on sailboats at the boat show; The exterior will consist of split-face concrete block matching the coloration of existing pre-cast concrete masonry, and glass on the west end which is referred to as the "jewel box" effect will allow motorists traveling on 1-581 to see into the Exhibit Hall; Utilities will be located within the floor, rather than across the floor, with conduit that will handle up to 480 volts of power, along with outlets for 220 volts at each location, and duplex-type electrical outlets for use by various vendors; · Water access will be located throughout the facility; 237 8' x 10' booths or 281 8' x 8' booths can be accommodated within the Exhibit Hall (currently accommodates 200 8' x 8' booths); with a wireless communication system; · Parking management for shows, with parking to be allowed along the fenced asphalt area which is considered an access road; · A new cooling tower will be screened with additional landscaping; · The current storage building will be eventually removed and converted to parking space; and · Completion of construction is projected to be February, 2007. Council Member Cutler inquired about continuing dialogue with representatives of The Hotel Roanoke and Conference Center and the City as to how Civic Center and Hotel functions might work together; whereupon WilheminaW. Boyd, Director, Civic Facilities, advised she had been in contact with representatives of the Conference Center, the Roanoke Valley Convention and Visitors Bureau and Contract Enterprise regarding those events that are held in the Exhibit Hall and also use facilities at The Hotel Roanoke. The City Manager advised that along with the Mayor, she previously met with a representative of the Fulton Corporation's marketing group, who was excited about Exhibit Hall expansion and expressed a desire to meet with City staff in approximately one year following completion of improvements because there is an outstanding market from the Washington, D.C. and northern Virginia corridor for this size of Exhibit Hall space. She stated that other projects such as improvements to Lick Run and the lighting of the greenway between the rear of the Civic Center and The Hotel Roanoke will increase opportunities for persons to travel to and from the facility with a certain level of comfort and ease. Council Member Cutler inquired if golf carts could be used to shuttle patrons through the area; whereupon, Mr. Anderson advised that consideration has been given to removing one of the sets of steps in order to reconfigure the area for access. Council Member Cutler further inquired about the timetable for completion of the greenway project; whereupon, the City Manager advised that the project will be completed some time in 2005. With respect to events such as the Kiwanis Pancake and Auction Day that has been held for a number of years in the old Exhibit Hall, he further inquired if it would be possible to rent a portion of the new Exhibit Hall; whereupon, Mr. Anderson responded in the affirmative inasmuch as the Exhibit Hall was designed with the structural ability to support a partition system to accommodate different size events. Council Member Dowe inquired about proposed plans for use of the existing Exhibit Hall; whereupon, Mr. Anderson stated that it is proposed to subdivide the 10,000 square feet Exhibit Hall by constructing a permanent wall around the outside corridor along existing columns, with a moveable wall-type partition system that would subdivide the space into combinations of meeting rooms, with access to an elevator in order to accommodate the movement of food to the Exhibit Hall. With regard to trade shows and in an effort to be more multi-dimensional, Council Member Dowe inquired about plans for temporary seating; whereupon, Mr. Anderson stated that the Exhibit Hall would be flexible and designed to accommodate banquets for up to several thousand people, using chairs and a platform at the end or along one side of the area. Council Member Dowe inquired as to what amenities would set the City's facilities apart from surrounding localities; whereupon, Mr. Anderson advised that presently there is no public address system in the facility, however, a system is included on the contingency list and a determination will be made as to the level of quality that will be required. The City Manager explained that every project budget contains a contingency, and it is hoped that the contingency would not be spent for unknowns, but for certain activities and upgrades; and as the project proceeds, completion of basic construction will disclose to the contractors whether there are problems in the design, or if something exists underground that was not anticipated. Council Member Dowe noted that it would be less expensive to assess costs up front rather than after construction; whereupon, Mr. Anderson replied that preliminary work was completed with regard to the underground surface, there is the potential for recovering rock on the site, and there is some concern with regard to how the two buildings will come together; and once it is known how new construction will interface with the existing building, when footings are in place and columns are constructed within the next four to six months, it will be easier to identify certain needs. The City Manager called attention to a lengthy construction period for the pro. iect; and the importance of ensuring that the Coliseum and the Performing Arts Theatre may continue to be used for events that were previously scheduled and/or will be scheduled over the next 12-1 8 months, and during those times when events are held, much of the construction will not be able to continue. She stated that the biggest unknowns occur during the earliest part of construction, and once the project proceeds past that point, decisions regarding enhancements, etc., can be made. Council Member Dowe inquired about parking management, and asked if raising the roof of the Coliseum was still an option; whereupon, the City Manager advised a Master Plan for the Coliseum consisted of multiple phases, and at some point in the future Council may wish to allow for expansion of seating capacity in the Coliseum, with boxes and other amenities; prior to assuming the position of City Manager, the Civic Center operated through a certain level of subsidy from the City and the former Director of Civic Facilities was instructed not to exceed the subsidy for any reason, which created a disadvantage since decreases were made in custodial and maintenance areas; the City made improvements to the Civic Center complex based upon the Civic Center's revenue with the cap on the subsidy; Council's decision regarding Victory Stadium took some of the revenue off the table relative to funding the project; however, the Council believed in the importance of Civic Center expansion and there was agreement that the General Fund would support the project; and if the present or future Council wish to accelerate multiple phases of Civic Center expansion, it could be accomplished with the understanding that more General Fund money would be required as opposed to the principles that were applied several years ago that indicated that it could be 10-1S years before the City would reach that phase. Council Member Dowe noted that there is more of a market today to cover high school sports; therefore, it is important to offer digital capabilities in order to attract these types of events; television revenue is important and more consideration should be given to those types of issues. Council Member Wishneffinquired about the inside appearance of the new Exhibit Hall; whereupon, Mr. Anderson advised the floor would be constructed of sealed concrete, with walls of concrete block and drywall, the ceiling would have exposed construction similar to the Coliseum which would be painted, and there would be aceiling constructed over the pedestrian walk area. Mr. Wishnefffurther stated that it appeared that the facility was being constructed primarily for exhibits and trade shows, and inquired if there was a convention component to the plan; whereupon, Mr. Anderson responded that the meeting hall area and current exhibit halls would be upgraded to include carpet and ceilings and the kinds of amenities that are routinely found in that type of accommodation. The Director of Civic Facilities explained that consideration has been given to those groups that need the Coliseum as well as exhibit areas and/or break-out spaces. She stated that one concept could include a gala session in the Coliseum or in the Performing Arts Theatre, and atrade show could be conducted in the Exhibit Hall, with break-out space at the Civic Center and The Hotel Roanoke. Mr. Wishneff stated that he had seen numerous sound system products during the last six months that would fit the budget and consist of the latest technology. In addition, he asked the City Manager to submit concepts for additional parking alternatives. Vice-Mayor Fitzpatrick stated that over the long term, there could be an aggravated parking situation; whereupon, the City Manager advised that there is the possibility of expanding existing parking garages, and parking is not an issue with evening activities due to the availability of parking in allofthe publicly owned parking garages. She stated that the challenge is in providing adequate parking for day time events inasmuch as the majority of the City's parking garages are primarily full. Council Member Wishneff inquired about disseminating information to the public at least six to twelve months before the new facilities are scheduled to open; whereupon, the City Manager advised that the City would be required to handle the majority of information dissemination, as opposed to the Roanoke Valley Convention and Visitors Bureau. Council Member McDaniel inquired about the number of parking spaces that would be displaced; whereupon, Mr. Anderson stated that approximately 250 parking spaces will be eliminated. She further inquired as to how out of town patrons will be informed about shuttle parking; whereupon, the City Manager advised that information will be provided when tickets are sold; and the Director of Civic Facilities stated that Civic Center staff also works with representatives of the Virginia Department of Transportation to place information on highway signage and on the 1-581 side marquee, indicating that the Civic Center parking lot is full and patrons should use the shuttle. Ms. McDaniel inquired if shuttles are adeterrent when attracting events to the Civic Center; whereupon, the Director of Civic Facilities replied that it was a plus because other cities do not provide parking. The City Manager responded that the more patrons become regular users of the facility, the more they will choose to use the shuttles, which are more convenient; the City encountered more parking challenges before the project started with major back ups on 1-581 at other locations, recent parking management activities helped to eliminate problems, however, some persons continue to ignore the signs that indicate that the parking lot is full and vehicles must be redirected. With regard to Council Member Dowe's previous question, she stated that if the City decided to raise the roof of the Coliseum, another piece of the parking lot would be taken out of commission during construction. Council Member Lea inquired as to the availability of a shuttle for persons with disabilities; whereupon, the City Manager advised that shuttle buses are handicapped equipped and disabled persons could park in the designated handicapped spaces in the garages and the surface parking lots. The Director of Civic Facilities noted that one entire line was designated for handicapped individuals. Council Member McDaniel inquired if bookings have been confirmed for the new Exhibit Hall; whereupon, the Director of Civic Facilities stated that no bookings have been confirmed to date, marketing staff have attended trade conventions and participated in trade shows, and an interest has been expressed in the facilities when they are near completion; and larger events book as much as five years in advance or approximately 2009-2010. Council Member Lea inquired if there are plans for increased scheduling of events by local persons and organizations; whereupon, the Director of Civic Facilities advised that gospel plays, job fairs and trade shows have been booked for approximately 20 days out of the month, most of which are local. The City Manager advised that the Civic Center has not been maintained at its highest level over the past few years which has led to a lesser number of bookings; the City has now made an investment in quality maintenance in the facility, the facility is now turning the corner and the local groups have expressed an interest in booking events; food service has been improved by combining concessions and catering and serving dinner before broadway events; and past complaints regarding the condition of the facilities prevented the City from marketing the Civic Center; however, with the improvements, Civic Center staff is now in a better position to market the facilities. Vice-Mayor Fitzpatrick spoke to the effectiveness of four truck unloading bays. He suggested installation of professional-looking permanent signs for shuttles that can be easily dropped down that would contain either the Civic Center's logo and/or Roanoke's branding logo; and requested installation of a permanent sign stating "Shuttle Stop" at Williamson Road that would be readily visible to the public. Council Member McDaniel suggested that the shuttle signs be coordinated with parking garage signs; whereupon, the City Manager advised that the Traffic Engineer is reviewing all directional signs in downtown Roanoke with regard to location and content in order to make the downtown area more user friendly. Council Member Wishneff inquired if the City had considered geothermal systems such as the system that is used at the Bristol facility; whereupon, Mr. Anderson advised that there was discussion regarding the installation ofasystem that would depend upon usage, relationship with the power company, and the type of rates that the City would get. Council Member Wishneff inquired if outside naming rights would be solicited; whereupon, the Director of Civic Facilities advised that naming rights would apply to the entire complex and not just to the Exhibit Hall and a study would be conducted to determine how many people pass Civic Center signage which would be an important consideration for any person who might wish to invest in naming rights. The City Manager advised that it would be preferable to discuss naming rights during the next phase of Civic Center improvements because once box seating and larger seating capacity can be offered, the dollar value would be more worthwhile. Council Member Cutler inquired if environmental leak certification in terms of storm water frequency and energy conservation had been considered in the design; whereupon, Mr. Anderson responded that he could not recall any discussion to that effect. Dr. Cutler also inquired if there was gray water circulation; whereupon, Mr. Anderson advised that staff is looking into the issue. Council Member Cutler inquired as to how Percent for the Arts is included in the project; whereupon, Mr. Anderson advised that the Chair of the Roanoke City Arts Commission was contacted with regard to art on the Civic Center plaza; a water proofing project will eliminate some of the leaks at the current Exhibit Hall regarding the drainage system that lies in front of both buildings and should be completed during the fall season; City staff looked at replacing all pavers to provide for a more manageable system in terms of maintenance, current pavers are seven feet by seven feet in size and weigh about 1,500 pounds each, making it difficult for staff to properly remove and maintain drainage areas, new pavers directly above the drains could only be reduced to half that size in order to accommodate the weight of Civic Center equipment that will be moved across pavers, and consideration is being given to recoating pavers with a mosaic design. The City Manager advised that a specific amount of moneywas established for the Percent for the Arts Program that would not necessarily tie in to a specific building; the Arts Commission prefers to go through the process of developing a master plan and then make decisions with regard to art location display; the Arts Commission may or may not recommend to Council that art be placed at a specific facility, nor would it recommend that art would be displayed at every City project, however, the capital budget is assessed one percent on certain projects to be used for art; and a mosaic for the Civic Center plaza was discussed by the Arts Commission approximately 12-18 months ago, but the Arts Commission was of the opinion to proceed in another direction. ROANOKE RIVER CORRIDOR IMPROVEMENT PROGRAM: The City Manager referred to a previous City Council briefing on the Roanoke River Corridor Program and questions raised by Council Members with regard to obtaining easements or property adjacent to the Roanoke River. She stated that a suggestion was offered that City staff prepare a plan or plans that would place the City in a position to maintain the Roanoke River; whereupon, she called upon Gary Hegner, Parks Superintendent, for a briefing on a proposed program which is in draft format in order to receive input by Council to ensure that staff is proceeding according to the wishes of Council. Mr. Hegner advised that: The Roanoke River Corridor Improvement Program is designed to improve aesthetic character, improve water flow and improve water quality of the Roanoke River and its tributaries through increased maintenance, educational, and cooperative measures. · Proposed Proqram Mission To be the environmental stewards of the Roanoke River and its tributaries, improving aesthetic quality and health through education, cooperation, easement acquisition and land donation, and implementation of best management practices. · Examples of Successful River Manaqement Proqrams Modeled Delaware River River KeeperTM program (Pennsylvania, New Jersey, Delaware) Red River River KeeperTM program (Fargo-Moorhead area, North Dakota) James River Association (Mechanicsville, Virginia) · Proqram Overview Pilot program with annual update to City Manager and City Council Oversee targeted areas within the Roanoke River, Tinker Creek and Lick Run A Collaborative Effort is required between City Staff and Departments: · Parks and Recreation · Public Works (Transportation, Engineering) · Environmental and Emergency Management · Housing and Neighborhood Services (Code Enforcement) · Human Resources (Municipal Volunteer Program) · City Manager and City Council River improvement staff would also work with the following outside entities: · Upper Roanoke River Roundtable · Greenways Commission · Clean Valley Council · Other local municipalities (Salem, Roanoke Montgomery County) · Virginia Department of Environmental Quality (DEQ) County, · Benefits and Outcomes Improved waterway aesthetics Increased community involvement Synergistic working relationships between City departments and local environmental groups Higher property values (The Proximate Principle) Increased recreational opportunities · Program Goals-Short Term Develop excellent working relations between all involved City departments and outside entities Document public and privately owned parcels requiring debris removal in targeted areas: · Fallen and dead trees · Trash · Hazardous materials Promote waterfront property owner education: · Proper care of waterfront property · Consequences of improper waterfront care · Benefits of easement acquisition and land donation · Work with Code Enforcement staff to target improperly maintained properties. Council Member Cutler inquired if the program implied regional cooperation; whereupon, Mr. Hegner responded that the study started as a City- wide project, but will ultimately incorporate other neighboring jurisdictions and agencies. Mr. Hegner explained that in recent Clean Valley Days, approximately 90 man hours of time were donated by volunteers and City staff which generated approximately $900.00 in dumping fees; and such endeavors helped to develop cooperation with other regional entities and provided educational opportunities to improve the quality of the Roanoke River and its tributaries. Mr. Hegner noted that none of the areas of the Roanoke River are looked at on a regular basis, and the proposed program will target certain properties; an effort has been made to remove invasive species such as paradise trees; in conjunction with Public Works staff there discussions have taken place with regard to conducting an "extreme make-over work day" for targeted areas along the Roanoke River and tributaries, which would provide immediate results from the program, as well as implementation of the private property easement acquisition process. He called attention to marketing the program through webpage development, RVTV, local television and radio media coverage to improve overall knowledge and it is hoped that a short-term goal of erosion prevention will be established, along with the sharing of equipment and costs with other Roanoke Valley jurisdictions. He stated that certain components that would not be initially covered in the program are silt management issues, private property care where permission has been denied, and flood reduction. In addition, he noted that $40,000.00 in funds was identified through MPDS funding. The City Manager stated that the first step was to begin educating abutting private property owners regarding their responsibilities; it has been found that once property owners understand their responsibilities, they are quick to assume responsibility; there is a need to educate private property owners with regard to opportunities to provide easements to the City which would allow the City to assume certain responsibilities on their behalf; there will be a need to increase staff in order to assume any kind of maintenance program on a regular basis; two or three times a year, City forces and civic volunteers could be combined to conduct an "extreme make-over" that the City is not presently staffed or equipped to address; City staff could take the next nine months to begin laying out a detailed work plan and budget for fiscal year 2007 that would provide for regular and on-going maintenance; and there is a potential to install inexpensive netting as a fence across areas of the Roanoke River to prevent refuse from going into river. She asked for input by Council with regard to the proposed approach. Council Member Cutler expressed appreciation to the City Manager and City staff for responding to the Council's request for this kind of initiative along the Roanoke River and advised that this is the first time that the City has looked at the Roanoke River with a determination to do something. He referred to the Appalachian Trail Conference that has organized volunteer trail clubs and the Carvins Cove Trail Greenway Program that has attracted the attention of several hundred volunteers, which could also be done along Roanoke River; local jurisdictions have done a good job for the "up land" by adopting greenways as linear parks, or official parks of the park system, and it is now time to address the waterways. He stated that one of the fallacies that the City has operated under for some time is that the U. S. Army Corps of Engineers Flood Reduction Project will be a kind of panacea for the Roanoke River, however, issues of funding and the timetable are questionable, and the purpose is narrow in terms of installing bench cuts that will spread out the water and reduce flooding by a relatively small amount. He added that this is a great beginning and it is hoped that the City will continue to look at the River Keeper trade mark program; and he would support an organization or an individual who would be charged with the responsibility of receiving calls for public or private entities when there is a problem on the Roanoke River. Mr. Hegner called attention to opportunities for grant funding to assist with the program. 37 Council Member Wishneff inquired if there was a role for the Sheriff's Department to play with regarding the Roanoke River cleanup project; whereupon, Mr. Hegner replied that the Sheriff has expressed a reluctance to send inmate crews along the banks or into the water of the Roanoke River. The City Manager noted that the City is hard pressed today to respond to some of the challenges regarding the Roanoke River, no equipment has been purchased for that purpose, therefore, the City must move into the program in a systematic way; and with Council's support, the City is prepared to move into the education component of the program to help property owners to understand their individual roles and responsibilities, and to provide enforcement under existing code regulations. She advised that the City could enforce what is occurring on the back side of private property just as much as on the front side, the City could work toward river "make-overs" two or three times a year, but to provide regular clean up of the entire length of the Roanoke River would require equipment and staff that could be brought to the Council for approval during a normal budget cycle. Council Member Wishneff concurred in and supported the efforts of City staff. Vice-Mayor Fitzpatrick encouraged each Member of Council to drive down Wiley Drive from the east end of Wasena Park through the area that includes Rivers Edge Sports Complex to witness a prime example of an area that the City has not properly maintained where weeds and paradise trees could be cut down tomorrow with City equipment; the area behind the old Marstellar building looks unsightly and although the City cannot address the issue at this time, someone should be held responsible for any dumping that has occurred to date. He inquired about potential options that might be available to the City at this time. Steven C. Buschor, Director, Department of Parks and Recreation, expressed appreciation to other City departments for their assistance in preparing the draft program. He advised that numerous individuals and organizations are ready to volunteer, but the City needs to designate someone to lead the charge; entities such as "Life Net" have adopted a section of the Roanoke River; and credit should be given to those partners in and outside of the City for their efforts to reach this point. Mr. Hegner advised that the Kiwanis Club will sponsor an event to clean up the Roanoke River on July 2, 2005, from 9:00 a.m. to 12:00 noon. Vice-Mayor Fitzpatrick advised that bench cuts would allow the City to maintain parts of the Roanoke River easier than steep banks; opportunities exist to create a different kind of partnership, and he requested that the City Manager move post haste on the Roanoke River Management Program. At 5:50 p.m., the Council convened in Closed Session in the Council's Conference Room. At 6:55 p.m., the Council meeting reconvened in the City Council Chamber, with all Members of the Council in attendance except for Mayor Harris, Vice-Mayor Fitzpatrick presiding. COUNCIL: With respect to the Closed Meeting 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 Dowe and adopted by the following vote: AYES: Council Members McDaniel, Cutler, Dowe and Vice-Mayor Fitzpatrick ........................................................................................................... 4. NAYS: None ............................................................................................... 0. (Mayor Harris was absent.) (Council Members Lea and Wishneffwere not present when the vote was recorded.) At 7:00 p.m., on Monday, June 20, 2005, the Council meeting reconvened in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, with Vice-Mayor Beverly T. Fitzpatrick, Jr., presiding. PRESENT: Council Members Sherman P. Lea, Brenda L McDaniel, BrianJ. Wishneff, M. Rupert Cutler, Alfred T. Dowe, Jr. and Vice-Mayor Beverly T. Fitzpatrick, Jr.- .................................................................................................... 6. ABSENT: MayorC. Nelson Harris ................................................................ 1. 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 Fitzpatrick. The Pledge of Allegiance to the Flag of the United States of Americawas led by Vice-Mayor Fitzpatrick. PUBLIC HEARINGS: STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, June 20, 2005, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of East Gate Church of the Nazarene to permanently vacate, discontinue and close a portion of 21s' Street, N. E., the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, June 3, 2005 and Friday, June 10, 2005. The City Planning Commission submitted awritten report advising that 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 ten feet wider than was originally shown on both the previous survey and City Tax Maps; and, in addition, both private and City staff surveys revealed that a portion of the northwest corner of the petitioner's property is in the pavement of 21" Street and Kessler Road. It was further advised that the petitioner has agreed to dedicate an approximately 598 square foot portion of Official Tax No. 3340306 to the City of Roanoke 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 21~' Street and Kessler Road, N. E.; vacation will allow the petitioner to build a slightly larger parking lot; development review staff has worked 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; and 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 City Planning Commission recommended that Council approve the request for closure, subject to certain conditions as more fully set forth in the report. Council Member Cutler offered the following ordinance: (#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. (For full text of ordinance, see Ordinance Book No. 69, Page 450.) Council Member Cutler moved the adoption of Ordinance No. 37101- 062005. The motion was seconded by Council MemberMcDaniel. James W. Conner, Head Trustee, East Gate Church of the Nazarene, appeared before Council in support of the request. The Vice-Mayor inquired if there were persons present who would like to speak in connection with the request to close a portion of the street. There being none, he declared the public hearing closed. There being no questions or comments by Council Members, Ordinance No. 37101-062005 was adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe and Vice- Mayor Fitzpatrick ................................................................................................. 6. NAYS: None ............................................................................................... 0. (Mayor Harris was absent.) ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, June 20, 2005, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Warehouse 315 LLC to rezone property located at 315 Albemarle Avenue, S. E., Official Tax Nos. 4022101 and 4022104, from HM, Heavy Manufacturing District, to C-3, Central Business District, the matterwas before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, June 3, 2005 and Friday, June 10, 2005. The City Planning Commission submitted awritten report advising that the property is commonly known as the former Heironimuswarehouse; no specific use is proposed in the petition to rezone; City real estate records list the properties as having two structures totaling 59,147 square feet; the original building, listed as having been built in 1930, is brick with masonry detailing which is typical of Roanoke's historic industrial architecture; and several concrete block and wood frame structures have been added to the original building. The Planning Commission recommended that Council approve the request for rezoning, and advised that the proposed rezoningwill permit adaptive reuse of an underused property, which is consistent with and promotes the policies of Vision 2007-2020 and the Redevelopment Plan for the South Jefferson Redevelopment Area. Council Member Cutler offered the following ordinance: (#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 title of this ordinance. (For full text of ordinance, see Ordinance Book No. 69, Page 453.) Council Member Dowe moved the adoption of Ordinance No. 37102- 062005. The motion was seconded by Council Member Cutler. Donald L. Wetherington, Attorney, representing the petitioner, appeared before Council in support of the request of his client. The Vice-Mayor inquired if there were persons present who would like to speak in connection with the request for rezoning. There being none, he declared the public hearing closed. Council Member Wishneff commended the petitioner for initiating the project and inquired if it would be beneficial for the City of Roanoke to consider some type of historic district which would then open up certain financial avenues for the area. Mr. Wethington advised that the National Register of Historic Places Evaluation Committee has recognized the property and the building qualifies for rehabilitation tax credits. The City Manager advised that the property in question, as well as the property owned by Norfolk Southern which will be used by FreightCar America, were included and approved in an amendment to the City's Enterprise Zone. Mr. Wetherington advised that if there are incentives and encouragements that the City could offer it would be welcomed not only for the benefit of the current project, but for any other projects that may occur in the area. There being no further discussion, Ordinance No. 37102-062005 was adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe and Vice- Mayor Fitzpatrick ................................................................................................. 6. NAYS: None ............................................................................................... 0. (Mayor Harris was absent.) COMMUNITY PLANNING-ROANOKE VISION, COMPREHENSIVE DEVELOPMENT PLAN: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, June 20, 2005, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a proposal of the City of Roanoke to amend Vision 2001-2020, the City's Comprehensive Plan, to include the Hollins/Wildwood Area Plan, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, June 3, 2005 and Friday, June 10, 2005. The City Planning Commission submitted awritten report advising that the area included in the Neighborhood Plan encompasses five neighborhoods in the northeast section of the City: East Gate, Hollins, Mecca Gardens, Monterey and Wildwood; and the Plan features the following priority recommendations: · Infrastructure: Create capital improvement projects for the following: 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. This is the top priority of the Plan. Curb, gutter, and sidewalk installation: Address 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. The City Planning Commission recommended approval of the Hollins/Wildwood Area Plan for adoption as a component of Vision 2001-2020. Council Member Cutler offered the following ordinance: (#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. (For full text of ordinance, see Ordinance Book No. 69, Page 454.) Council Member Cutler moved the adoption of Ordinance No. 37103- 062005. The motion was seconded by Council MemberMcDaniel. The Vice-Mayor inquired if there were persons present who would like to speak in connection with the proposed Neighborhood Plan. Philip T. McDermott, President, Wildwood Civic League, appeared before Council in support of the Plan. There being no further speakers, the Vice-Mayor declared the public hearing closed. Council Member Cutler advised that the Neighborhood Plan referred to the role of the Western Virginia Water Authority in water and sewer connections, and identified sewer lines as the most important infrastructure need; the Plan also notes that the Water Authority is unlikely to be able to fully fund such projects as providing public sewer lines to the neighborhoods and suggests that capital improvement projects to extend sewer service would be agood investment by the City. He inquired as to how the statement fits in with the City's capital improvements budget. The City Manager questioned whether the statement should be included in the Neighborhood Plan inasmuch as it could be precedent setting. She stated that pursuant to present City policy, any failed septic system is required to connect to a public sewer; the Western Virginia Water Authority accepted the City's policy to extend a public sewer line to a property when the septic system fails and to share in the cost of system upgrade with the property owner; and, in the future, if other property owners in the area that have an active sewer system wish to participate in the public sewer system, the cost could be prorated. She stated that to suggest, as the Neighborhood Plan indicates, that the City should be responsible for the resident's portion of the cost is unacceptable; more recent policies as adopted by City Council and subsequently adopted by the Western Virginia Water Authority are reasonable policies; and there is no requirement for those persons who are currently on septic systems to hook up to the public sewer system until their septic system has failed and the Health Department refuses to issue a permit. With regard to future development, she advised that a different policy could be reviewed that would be economic development related. Following discussion, the City Manager asked that staff be permitted to suggest appropriate language to amend the Neighborhood Plan to reflect that there are no plans by the City in the Capital Improvement Program to extend sewer lines inasmuch as extension of water and sewer lines is the responsibility of the Western Virginia Water Authority to be shared by the Water Authority, the developer and/or the property owner. Council Member Cutler inquired if there is any parallel between street and drainage improvements for the Southern Hills area; whereupon, the City Manager advised that using the City's previously adopted policies for water and sewer extensions would fall in line with what is proposed in the Southern Hills area. Upon question, the City Manager explained that if a neighborhood petitioned the Western Virginia Water Authority for a sewer extension before the sewer system failed, the neighborhood could participate on a cost sharing basis, with 50 per cent of the cost to be borne by the Water Authority and the other 50 per cent to be assessed on a prorated basis to individual lots along the sewer line extension. Council Member Cutler complimented staff on the Quality of Life section of the Plan, particularly with respect to Read Mountain by acknowledging the role of the Western Virginia Land Trust as a way to obtain conservation easements to protect the views and the undeveloped nature of Read Mountain; the City of Roanoke has avested interest in the view shed and environmental preservation of Read Mountain; the proposed Plan affirms the City's support of the goals of the Read Mountain Alliance and future funding should be considered to assist the Read Mountain Alliance and the Western Virginia Land Trust in obtaining conservation easements on properties on and around Read Mountain. He pointed out that in most cases conservation easements are donated because of tax benefits that accrue to those individuals who donate easements; therefore, not a large amount of funding assistance would be required by the City, but certain educational programs should be offered to advise private landowners of the benefits of donating conservation easements. Mr. McDermott advised that when the Wildwood area was annexed to the City of Roanoke in 1976, property owners were promised water and sewer line extensions and installation of sidewalks; water lines have been installed, but extension of sewer lines and installation of sidewalks have not occurred, and approximately two houses that have questionable, if not failed septic systems, currently exist in the Hollins/Wildwood area. He stated that the majority of the membership of the Wildwood Civic League would be willing to pay their share of the cost for sewer line extension from the house to the street, but find it unacceptable to pay $6,000.00 - $8,000.00 which was previously proposed by the Western Virginia Water Authority. Following further discussion, by consensus, Council authorized the City Manager to revise the Hollins/Wildwood Area Plan with regard to extension of sewer lines to ensure continuity with existing City policy. There being no further discussion by Council, Ordinance No. 37103-062005 was adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe and Vice- Mayor Fitzpatrick ................................................................................................. 6. NAYS: None ............................................................................................... O. (Mayor Harris was absent.) 45 The City Manager called attention to a number of neighborhoods that were annexed into the City of Roanoke in the 1970's that are in a similar situation with regard to private septic systems and the issue will be reviewed on aCity-wide basis in order to reach a consistent approach. BONDS/BOND ISSUES-CAPITAL IMPROVEMENTS PROGRAM: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, June 20, 2005, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a 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 to 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, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, June 6, 2005 and Monday, June 13, 2005. The Director of Finance submitted a written report advising that several projects included in the Capital Improvement Plan (CIP) require financing during Fiscal Year 2005-2006; on May 10, 2005, Council adopted a resolution endorsing an update to the CIP for Fiscal Years 2006-2010 that was included in the Recommended Resource Allocation Plan; and 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; and 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 major systems are purchased. It was further advised that on May 2, 2005, Council authorized execution of an option agreement for the purchase of Countryside Golf Course at acost of $4.1 million; an option fee of $125,000.00 was paid, thus the remainder of funding for 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 $3.7 million and a parking garage in the western part of downtown Roanoke that requires an additional $2.6 million financing; and total financing required for the projects are: Art Museum Downtown West Parking Garage Financial Application Integration Countryside Golf Course Total $ 3,700,000.00 $ 2,600,000.00 $ 2,600,000.00 $ 3,975,000.00 $12,875,000.00 The Director of Finance recommended that Council adopt a resolution authorizing issuance of $12,875,000.00 in General Obligation Bonds under the Virginia Public Finance Act. Council Member Cutler offered the following resolution: (#37104-062005) A RESOLUTION authorizing the issuance of $12,875,000.00 principal amount of general obligations of the City of Roanoke, Virginia, in the form of General Obligation Public Improvement Bonds of such City, 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 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. (For full text of resolution, see Resolution Book No. 69, Page 456.) Council Member Cutler moved the adoption of Resolution No. 37104- 062005. The motion was seconded by Council MemberMcDaniel. The Vice-Mayor inquired if there were persons present who would like to speak in connection with the public hearing. Ms. Sarah Higgins, 2267 Countryside Road, N. W., representing the Countryside Neighborhood Organization Steering Committee, advised that many residents of the area built their homes on the golf course out of a personal preference to live in an area with mountain views and green space and they believe that Countryside should continue to be used as a golf course. She spoke directly to three issues: the tourist value, the recreation value, and the fact that the location is directly in the path of air traffic. She stated that the City of Roanoke values its viewsheds and Countryside Golf Course provides outstanding views of the mountains, it is a kind of private park that is available to the public, and it is one of the few reasonably priced golf courses in the City and offers considerable tourist and recreation value. Because of the aesthetic condition of the golf course, she stated that it provides a pleasant introduction to the City of Roanoke from either I-8] or 1-581; golf is becoming a popular recreation sport and it has been reported that if Countryside Golf Course closes many people will leave the area. She stated that to construct more houses in the area in view of the present air traffic pattern to Roanoke Regional Airport would be a mistake; whereupon, she presented information from the Virginia Department of Aviation recommending that residential housing not be constructed in neighborhoods that are located in the path of airplanes. Vice-Mayor Fitzpatrick advised that one of the reasons that the City of Roanoke chose to involve itself in the matter is due to the fact that portion of the lease for the golf course which is owned by the Roanoke Regional Airport will not be renewed, and at this time the City does not have specific plans regarding a proposed use of the land. Upon question, the City Manager called upon R. Brian Townsend, Director, Department of Housing and Code Enforcement, to provide a summary of the process that will be followed by the City. Mr. Townsend advised that environmental assessment of the property started last week; a boundary survey will be initiated in the near future; since the announcement was made of the City's option on the property, the City has received numerous inquiries; it is proposed to follow a two step process, one of which will invite developers to provide qualifications and interest in the property; City staff will then short list those who have submitted the best qualifications; developers will be asked to submit a proposal similar to the process that was followed with the Colonial Green project in which the developer made a proposal to the City, and City staff reviewed the proposal and how it fits into the context of the site. He stated that even though the Airport Commission does not plan to renew the lease on the fly zone of the golf course, the space will have to remain open by necessity; venues will be provided to keep the neighborhood informed of activity; and a neighborhood briefing is tentatively scheduled for the month of July, 2005. The City Manager advised that it would be intended for the property to go through a rezoning process for a planned unit development of some description that would involve public hearings at both the City Planning Commission and the City Council levels; and while the City would look toward closing on the property before the end of the calendar year, it would be the recommendation of staff to make some arrangement for the ongoing operation of the golf course while planning efforts continue. She stated that much like the Colonial Green project, if the City reaches the point of transferring the property and certain leases are in effect, the new property owner would have to accept conditions under the leases so that owners of adjacent property would continue to know that the property will be well maintained and operated in such a way that the golf coursewould continue until such time as development were to actually occur. Council Member Wishneff advised that the City's intent is to increase property values and inquired if Council Members as a group could visit the site in the July/August time frame to meet with residents in order to hear their concerns. Council Member Cutler advised that as a member of the Roanoke Valley Bird Club, it has been brought to his attention that Countryside Golf Course is an important habitat for an internationally protected species, the Bluebird, and called attention to the importance of protecting the integrityofthe Bluebird habitat. He stated that ecological and environmental concerns will be reflected in the ultimate plan which will help to make property values increase. Council Member Cutler stated that Roanoke's international reputation, originally based on its railroad heritage, will be enhanced and enlarged by construction of the proposed new Art Museum of Western Virginia; much of the construction costs of the Art Museum will be provided by private donors, private individuals, and private foundations; therefore, the facility will be a bargain for Roanoke's taxpayers. He stated that the new Art Museum will provide a major contribution to the economy of the Roanoke Valley; therefore, he spoke in strong support of the City's participation in funding of construction of the new Art Museum of Western Virginia. Council Member Lea advised that Council is committed to engaging the community in every step of the process relating to Countryside Golf Course. There being no further speakers, the Mayor declared the public hearing closed. There being no further questions or comments by Council Members, Resolution No. 37104~062005 was adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe and Vice- Mayor Fitzpatrick ................................................................................................. 6. NAYS: None ......................................................................................... O. (Mayor Harris was absent.) RENTAL INSPECTION PROGRAM: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, June 20, 2005, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a proposal of the City of Roanoke to amend the City Code to establish Rental Inspection Districts in order to comply with State Code regulations, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, June 6, 2005 and Monday, June 13, 2005. The City Manager submitted a communication advising that 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, Council adopted Ordinance No. 33552, which enacted the City's Rental Inspection Program; and 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. It was further advised that in 2004, the Legislature amended enabling legislation to mandate changes to local ordinances for localities enforcing a Rental Inspection Program; an article written by Mark K. Flynn, Director of Legal Services, Virginia Municipal League, provides a good description of changes in enabling legislation, as well as agood overview of the history of rental inspection programs in the Commonwealth of Virginia; as a result of amendments to enabling legislation, the Rental Inspection Committee was reconvened to review and endorse an amended Rental Inspection Program ordinance that complies with changes in state law; and amendments to the Code of Virginia mandate a number of changes to the City Code, i.e.: A rental inspection program may be conducted only in a rental inspection district for which City Council has made the following findings: 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. 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. 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. 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 dwelling unit is used for residential rental purposes, but no fee may be charged for such registration. It was explained that boundaries of rental inspection districts are based upon research data compiled by the U. S. Census Bureau, the City of Roanoke GIS System, and the City of Roanoke Code Enforcement database; and 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. The City Manager recommended that Council make the findings required by the Code of Virginia and approve amendments to the City of Roanoke Rental Inspection Program, effective July 1,2005. Council Member Dowe offered the following ordinance: (#37105-062005) AN ORDINANCE amending and reordaining §7-34, Purpose and intent, by amending subsections (a) and (b), 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), (b), (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 (b); §7-43, Alteration of proof of compliance; §7-44, Fees; and §7-45, Appeals, by amending subsection (b); of Article III, Rental Certificate of Compliance, of Chapter 7, Buildinq 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. (For full text of ordinance, see Ordinance Book No. 69, Page 469.) Council Member Dowe moved the adoption of Ordinance No. 37105- 062005. The motion was seconded by Council Member Lea. The Vice-Mayor inquired if there were persons present who would like to speak in connection with the matter. Paula Prince, 550 Mountain Avenue, S. W., a resident of Old Southwest, spoke in support of amendments to the Rental Inspection Program. She stated that Old Southwest has a significant number of rental properties, many of which house Iow or moderate income tenants; prior to adoption of the Rental inspection Program, it was exceedingly difficult to maintain minimum building code standards for many of the properties; problems with rental properties include tenants living in units without adequate plumbing, or electrical systems, with no kitchens or bathroom facilities, apartments with no smoke detectors, apartments with inadequate heating, and apartments with structural damage at a level that is potentially dangerous. She added that support for a Rental Inspection Program was fairly weak until there was an horrendous fire which caused the death of a grandmother and four children; the fire started because there was no fire wall separating the apartments; and at that point, discussions were initiated to create a Rental Inspection Program and a considerable amount of work and compromise $! went into drafting the Rental Inspection Program that has been in existence for the past several years. She stated that the Rental Inspection Program currently before the Council is adequate to maintain the level of improvement that has been experienced since the program was implemented; and in order to provide quality housing for renters at all income levels, it is imperative to enforce a Rental Inspection Program. She advised that quality rental properties improve the quality of life in all neighborhoods and encourage those who are interested in purchasing property to have faith that their investment will be safe. David Bidler, 1515 13randon Avenue, S. W., a member of the Roanoke Regional Housing Network's Rental Inspection Committee, advised that the Housing Network has, over the past several years, reviewed various changes to the City's Rental Inspection Program; and proposed changes are mandated by the General Assembly and must be implemented by July 1,2005, so as not to lose the inspection program. He stated that the Rental Inspection Committee of the Regional Housing Network supports proposed amendments to the Rental Inspection Program which causes the program to be more efficient and preserves the ability of the building inspector to enter the property and inspect rental property that otherwise may not be inspected until a tenant files a complaint. E. Duane Howard, 1135 Wasena Avenue, S. W., advised that he has on several occasions encouraged the City to include issues regarding inspection of rental properties on the City's legislative agenda for consideration by the General Assembly. He stated that his primary concern with the City's Rental Inspection Program relates to enforcement issues by the City's Code Enforcement staff. He added that if renters complain when unsafe conditions or building code violations occur, they are evicted which happened to him after paying more than $50,000.00 in rent over a period of eight years because City Building Code Inspectors do not administer the program fairly among all landlords. He stated that the Rental Inspection Program should include all rental properties in the City; and he currently rents a property that is 70 years old, but the property does not fall under the rental inspection district. He alluded to rental properties that are not fit for human habitation that do not fall under the Rental Inspection Program; and roofs that are allowed to remain in their present deteriorated condition by City Building Code Inspectors who take no action against certain wealthy landlords. Council Member Lea advised that Mr. Howard made certain strong statements about the City's Rental Inspection Program and inspection efforts; whereupon, he requested information on the role of the City's Building Code Inspectors, etc. The City Manager advised that Mr. Howard has not made the kind of statements to her as City Manager that were previously made before the Council and she would like the opportunity to meet with him to discuss his concerns. She stated that at his previous residence, Mr. Howard made complaints against his landlord, and he left certain information with the City Manager's Office which was forwarded to Code Enforcement staff for investigation. She advised that some of the changes that Mr. Howard has proposed in the Rental Inspection Program are beyond the ability of the City to change because they involve requirements enacted by State Code. She stated that an amendment to the State Code has limited the City in some respects relative to how and when the City may perform rental inspections, if the City had the authority to perform rental inspections on a City-wide basis, she would make a recommendation to the Council to do so because the City has a significant number of rental properties and it would be to the City's best interest to ensure that all rental properties are maintained to a certain standard. She stated that the City has a dedicated code enforcement staff, they frequently respond strictly on a complaint basis because of the size of the community and the amount of property that is included in the rental category, and she would report back to the Council after she has met with Mr. Howard and investigated his concerns. There being no further questions or comments by Council Members, Ordinance No. 37105-062005 was adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe and Vice- Mayor Fitzpatrick ................................................................................................. 6. NAYS: None ......................................................................................... 0. (Mayor Harris was absent.) PURCHASE/SALE OF PROPERTY-AIRPORT-CITY PROPERTY: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, June 20, 2005, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a proposal to convey City-owned property located at 5268 Aviation Drive, N. W., to the Roanoke Regional Airport Commission, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, June 10, 2005. The City Manager submitted a communication advising that the City owns property located at 5268 Aviation Drive that houses Fire Station No. 10, containing approximately 2.67acres; the City desires to convey the property to the Roanoke Regional Airport Commission for the consideration of $771,663.00, upon certain terms and conditions, including the right of the City to continue to use the fire station for up to five years; and, in accordance with the City's Economic and Community Development Reserve Policy, proceeds from the sale of the land will be used for the purchase of land for fire stations. It was further advised that the City will retain use of Fire Station No. 10 for up to five years, pay 50 per cent of 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 per cent of normal maintenance and repair costs that are less than $5,000.00 per item, and station personnel will maintain the grounds. 53 The City Manager recommended that she be authorized to execute the following documents, subject to approval by the City Attorney: A deed conveying the property with special warranty of title to the Roanoke Regional Airport Commission, subject to certain terms and conditions. A letter dated May 27, 2005, fromJacqueline L. Shuck, Executive Director, Roanoke Regional Airport, agreeing to certain terms and conditions for continued operation of the Station. An amendment to paragraphs five and 21 (b) of the 1987 contract with the Roanoke Regional Airport Commission, in order to make the contract consistent with the terms of the Executive Director's letter dated May 27, 2005. Adoption of an ordinance to establish a revenue estimate for the sale of property in the amount of $771,663.00 in the Capital Projects Fund. The budget ordinance will appropriate funds to accounts to be established by the Director of Finance entitled, Fire/EMS Station 3 ($485,862.00) and Fire/EMS Station 5 ($285,801.00). Council Member Dowe offered the following ordinance: (#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. (For full text of ordinance, see Ordinance Book No. 69, Page 485.) Council Member Dowe moved the adoption of Ordinance No. 37106- 062005. The motion was seconded by Council Member Lea. The ViceIMayor inquired if there were persons present who would like to speak in connection with the matter. There being none, he declared the public hearing closed. Council Member Cutler requested the City Manager to review the City's plans to replace fire service in that portion of the City that is currently serviced by Fire Station No. 10; whereupon, the City Manager advised that Fire Station No. 10 is physically located on property immediately adjacent to the Roanoke Regional Airport and currently serves both the Airport and residents who reside in that section of the City; the Airport is interested in developing its own stand alone fire 54 station facility, and to that end has offered to purchase the land from the City of Roanoke; the City intends to use the proceeds from sale of the land to purchase an alternate location; earlier in the meeting, Council acted on a recommendation to purchase a parcel of land on Williamson Road, several blocks to the south of the Hershberger/Williamson Road intersection; the Airport Commission will allow the City to continue to occupy the present facility for up to five years by prorating the share of participation of the cost of maintaining and operating the facility; and it would be the City's intent over the next same five years to construct a new facility on Williamson Road which would be designed with funds also derived from the sale of the property in question. She stated that it is hoped to have a new fire station constructed in advance of the five year time frame; it was always a part of the Fire/EMS Master Plan to eventually relocate the fire station away from the Airport and decisions by the Airport Commission have accelerated the planning process. There being no further questions or comments by Council Members, Ordinance No. 37106-062005 was adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe and Vice- Mayor Fitzpatrick ................................................................................................. 6. NAYS: None ......................................................................................... 0. (Mayor Harris was absent.) Council Member Cutler offered the following budget ordinance: (#37107-062005) AN ORDINANCE to establish a revenue estimate from 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 ordinance. (For full text of ordinance, see Ordinance Book No. 69, Page 487.) Council Member Cutler moved the adoption of Ordinance No. 37107- 062005. The motion was seconded by Council Member McDaniel and adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe and Vice- Mayor Fitzpatrick ................................................................................................. 6. NAYS: None ............................................................................................... 0. (Mayor Harris was absent.) PURCHASE/SALE OF PROPERTY-RED CROSS-CITY PROPERTY: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, June 20, 2005, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a 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, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, June 10, 2005. The City Manager submitted a communication advising that the City owns property located on Luck Avenue, S. W., which is currently used for employee parking, and desires to convey a portion of the parcel of land to the American National Red Cross in exchange for three parcels of land located at the corner of Fifth Street and Luck Avenue, S. W., identified as Official Tax Nos. 1113512, 1113513 and 1113514 to be used for future development of a downtown parking garage; to facilitate conveyance of an approximately 0.2661 acre portion of Official Tax No. 1012407, the parcel of land has been subdivided into two parcels designated as Tract B-1 and Tract B-2 as shown on a plat prepared by Caldwell White Associates; and the City desires to convey Tract B-1 and a 24 foot access easement across Tract B-2 to serve Tract B-1 to the American National Red Cross. Following the public hearing, the City Manager recommended that she be authorized to execute a deed of exchange to convey the property designated as Tract B-l, in addition to a 24 foot access easement across Tract B-2, to the American National Red Cross, in exchange for three parcels of land identified as Official Tax Nos. 1113512, 1113513 and 1113514, subject to approval as to form by the City Attorney. Council Member McDaniel offered the following ordinance: (#37108-062005) AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of a 0.2661 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 bearing Official Tax Nos. 1113512, 1113513, and 1113514, 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; and dispensing with the second reading of this ordinance. (For full text of ordinance, see Ordinance Book No. 69, Page 488.) Council Member McDaniel moved the adoption of Ordinance No. 37108- 062005. The motion was seconded by Council Member Cutler. 56 The Vice-Mayor inquired if there were persons present who would like to speak in connection with the matter. There being none, he declared the public hearing closed. There being no questions or comments by Council Members, Ordinance No. 37108-062005 was adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe and Vice- Mayor Fitzpatrick ................................................................................................. 6. NAYS: None ............................................................................................... 0. (Mayor Harris was absent.) HEARING OF CITIZENS UPON PUBLIC MATTERS: The Vice-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. ARMORY/STADIUM: Jim Fields, 17 Ridgecrest Road, Hardy, Virginia, spoke in support of the renovation of Victory Stadium. He advised that if the City of Roanoke plans to spend $136,000.00 on improvements to Victory Stadium to prepare the facility for high school football in the fall, the City could allocate several thousand dollars more to renovate restrooms and locker rooms. He stated that Victory Stadium could be made accessible for the physically disabled with the paving of one lane of the parking lot in order to accommodate wheel chairs; the second floor of the Stadium could be used for emergency medical services and a museum honoring sports figures; and just as the City has begun construction ora flood wall at the Sewage Treatment Plant, some type of flood control measures could be taken at Victory Stadium. He advised that the 4'h of July celebration should continue to be held at Victory Stadium and the Stadium should be renovated and promoted as a memorial to the Roanoke Valley's World War II veterans. AIRPORT-ZONING-HOUSING/AUTHORITY-ARCHITECTURAL REVIEW BOARD- COMMUNITY PLANNING-INDUSTRIES: Council Member Cutler moved that Council amend its current policy to provide that the City Clerk will 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. The motion was seconded by Council Member Dowe and adopted by the following vote: AYES: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe and Vice- Mayor Fitzpatrick ................................................................................................. 6. NAYS: None ............................................................................................... 0. (Mayor Harris was absent.) COMMITTEES-ROANOKE ARTS COMMISSION: The Vice-Mayor advised that the three-year terms of office of Betty Branch, Frank J. Eastburn, Susan W. Jennings, Nelett H. Lor, and Anna Wentworth as members of the Roanoke Arts Commission will expire June 30, 2005; whereupon, he opened the floor for nominations to fill the vacancies. Council Member Cutler placed in nomination the names ofFrankJ. Eastburn, Susan W. Jennings and Nelett H. Lor. There being no further nominations, Mr. Eastburn, Ms. Jennings and Ms. Lor were reappointed as members of the Roanoke Arts Commission, for terms ending June 30, 2008, by the following vote: FOR MR. EASTBURN, MS. JENNINGSAND MS. LOR: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe and Vice-Mayor Fitzpatrick ............................... 6. (Mayor Harris was absent.) COMMITTEES-GREENWAY SYSTEM: The Vice-Mayor advised that the three- year term of office of BarryW. Baird as a member of the Roanoke ValleyGreenways Commission will expire June 30, 2005; whereupon, he opened the floor for nominations to fill the vacancy. Council Member Cutler placed in nomination the name of Barry W. Baird. There being no further nominations, Mr. Baird was reappointed as a member of the Roanoke ValleyGreenways Commission, foraterm ending June 30, 2008, by the following vote: FOR MR. BAIRD: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe and Vice-Mayor Fitzpatrick ................................................................................... 6. (Mayor Harris was absent.) COMMfii-I-EES-LIBRARIES: The Vice-Mayor advised that the three-year terms of office of Pamela S. White and Stanley G. Breakell as members of the Roanoke Public Library Board will expire on June 30, 2005; whereupon, he opened the floor for nominations to fill the vacancies. Council Member Cutler placed in nomination the names of Pamela S. White and Stanley G. Breakell. There being no further nominations, Ms. White and Mr. Breakell were reappointed as members of the Roanoke Public Library Board, for terms ending June 30, 2008, by the following vote: 58 FOR MS. WHITE AND MR. BREAKELL: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe and Vice-Mayor Fitzpatrick ............................................... 6. (Mayor Harris was absent.) COMMI-I-I'EES-COURT COMMUNITY CORRECTIONS BOARD: The Vice-Mayor advised that the three-year terms of office of Julian H. Raney, Jr., and John B. Ferguson as members of the Court Community Corrections Program Regional Community Criminal Justice Board will expire on June 30, 2005; whereupon, he opened the floor for nominations to fill the vacancy. Council Member Cutler placed in nomination the names of Julian H. Raney, Jr., and John B. Ferguson. There being no further nominations, Mr. Raney and Mr. Ferguson were reappointed as members of the Court Community Corrections Program Regional Community Criminal Justice Board, for terms ending June 30, 2008, by the following vote: FOR MR. RANEY and MR. FERGUSON: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe and Vice-Mayor Fitzpatrick ............................................... 6. (Mayor Harris was absent.) COMMITTEES-PENSIONS: The Vice-Mayor advised that the four-year term of office of George F. Taylor as a member of the Board of Trustees, City of Roanoke Pension Plan will expire on June 30, 2005; whereupon, he opened the floor for nominations to fill the vacancy. Council Member Cutler placed in nomination the name of George F. Taylor. There being no further nominations, Mr. Taylor was reappointed as a member of the Board of Trustees, City of Roanoke Pension Plan, for aterm ending June 30, 2009, by the following vote: FOR MR. TAYLOR: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe and Vice-Mayor Fitzpatrick ................................................................................... 6. (Mayor Harris was absent.) COMMIq-I-EES-CONVENTION AND VISITORS BUREAU: The Vice-Mayor advised that the one-year term of office of A. Morris Turner, Jr., as a member of the Roanoke Valley Convention and Visitors Bureau will expire on June 30, 2005; and pursuant to an Agreement between the City of Roanoke and the Roanoke Valley Convention and Visitors Bureau, the City is entitled to appoint an additional member; whereupon, he opened the floor for nominations. Council Member Cutler placed in nomination the name orA. Morris Turner, Jr., and Barton W. Wilner. There being no further nominations, Mr. Turner was reappointed and Mr. Wilner was appointed as members of the Roanoke Valley Convention and Visitors Bureau, for terms ending June 30, 2006, by the following vote: FOR MR. TURNER AND MR. WlLNER: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe and Vice-Mayor Fitzpatrick ............................................... 6. (Mayor Harris was absent.) COMMI'I-rEES-TOWlNG ADVISORY BOARD: The Vice-Mayor advised that the three-year terms of office of Christine Proffitt and Robert R. Young as members of the Towing Advisory Board will expire on June 30, 2005; whereupon, he opened the floor for nominations to fill the vacancies. Council Member Cutler placed in nomination the name of Robert R. Young. There being no further nominations, Mr. Young was reappointed as a member of the Towing Advisory Board, for a term ending June 30, 2008, by the following vote: FOR MR. YOUNG: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe and Vice-Mayor Fitzpatrick ................................................................................... 6. (Mayor Harris was absent.) PARKS AND RECREATION-COMMITTEES: The Vice-Mayor advised that the one-year terms of office of Richard Clark, Betty Field, Steven Higgs, Louise F. Kegley, Carl H. Kopitzke, Michael A. Loveman, E. C. Pace, III, and Eddie Wallace as members of the Mill Mountain Advisory Committee will expire June 30, 2005; whereupon, he opened the floor for nominations to fill the vacancies. Council Member Cutler placed in nomination the names of Richard Clark, Betty Field, Steven Higgs, Louise F. Kegley, Carl H. Kopitzke, Michael A. Loveman, E. C. Pace, III, and Eddie Wallace. There being no further nominations, Mr. Clark, Ms. Field, Mr. Higgs, Ms. Kegley, Mr. Kopitzke, Mr. Loveman, Mr. Pace and Mr. Wallace were reappointed as members of the Mill Mountain Advisory Committee, for terms ending June 30, 2008, by the following vote: FOR MR. CLARK, MS. FIELD, MR. HIGGS, MS. KEGLEY, MR. KOPITZKE, MR. LOVEMAN, MR. PACE AND MR. WALLACE: Council Members Lea, McDaniel, Wishneff, Cutler, Dowe and Vice-Mayor Fitzpatrick ............................................... 6. (Mayor Harris was absent.) (By consensus, Council changed the terms of office from one year to three year terms.) There being no further business, the Vice-Mayor declared the meeting adjourned at 8:25 p.m. APPROVED ATTEST: Mary F. Parker City Clerk Beverly T. Fitzpatrick, Jr. Vice-Mayor 6! ROANOKE CITY COUNCIL July 5, 2005 9:00 a.m. The Council of the City of Roanoke met in regular session on Tuesday, July 5, 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 Brenda L. McDaniel, BrianJ. Wishneff, M. Rupert Cutler, Alfred T. Dowe, Jr., BeverlyT. Fitzpatrick, Jr., Sherman P. Lea and Mayor C. Nelson Harris .................................................................................................. 7. ABSENT: None ............................................................................................ 0. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City Clerk. 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 (1950), as amended, was before the body. Council Member Dowe moved that Council concur in the request 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 McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea and Mayor Harris ................................................................................................. 7. NAYS: None ................................................................................................ 0. COMMI~-rEES-CITY COUNCIL: A communication from Council Member 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, was before the body. Council Member Dowe moved that Council concur in the request 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 McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea and Mayor Harris ................................................................................................. 7. NAYS: None ................................................................................................ 0. COUNCIL-CITY PROPERTY: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss disposition of publicly-owned property, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711(A)(3), Code of Virginia(1950), as amended, was before the body. Council Member Dowe moved that Council concur in the request to convene in Closed Meeting as above described. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by the following vote: AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea and Mayor Harris ................................................................................................. 7. NAYS: None ................................................................................................ 0. 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: COMMITTEES: Council Member McDaniel inquired if members of the Flood Plain Committee had been advised that Council would consider a resolution abolishing the Committee at its 2:00 p.m. session; whereupon, the City Clerk advised that no member had been notified by the City Clerk's Office. With the concurrence of the Council, the City Manager advised that staff would call each member of the Flood Plain Committee prior to the 2:00 p.m. Council meeting. COUNCIL COMMITTEE ASSIGNMENT REPORTS: The Mayor advised that the item was included on the agenda to provide an opportunity for the Members of Council to report on various committee assignments, liaison roles, or an update on various activities, including Virginia Municipal League Policy Committee assignments. Council Member McDaniel commended newly elected officers of the Friends of the Library. Council Member Cutler advised that the Mill Mountain Advisory Committee, working in conjunction with the Department of Parks and Recreation and Virginia Tech have compiled a report consolidating information that was acquired over the period of a decade on Mill Mountain Park that will be used in the Master Plan; and considerable progress has been made on the Master Plan which will identify portions of Mill Mountain that have been developed, and more development will take place in the future regarding the zoo, star, radio/television towers, campgrounds, etc., and steep portions of the mountain and park that constitute Mill Mountain Park. He stated that pursuant to an ordinance that was adopted by Council approximately one month ago it is intended to combine City-owned lands around the Fishburn Parkway and the Blue Ridge Parkway, exclusive of those leased to the National Park Service on the Blue Ridge Parkway; and a draft of the Master Plan has been completed and submitted to the Mill Mountain Advisory Committee for review prior to submission to Council. He stated that the Master Plan would provide a launching pad for consideration of a conservation easement on that portion of Mill Mountain Park that does not lend itself to development and should be protected for watershed, aesthetics and recreation wildlife habitat purposes. Council Member Cutler reported that the Roanoke Arts Commission is in the process of acquiring a painting by local artist Eric Fitzpatrick entitled, "The Water Seekers" for the main office of the Western Virginia Water Authority. Council Member Cutler stated that he serves on the Environmental Quality Stream Committee of the Virginia Municipal League and on behalf of the Western Virginia Water Authority, he has requested that the Committee consider an amendment to the State Code that would allow regional water authorities to hold conservation easements, and a number of private properties exist on the watershed or water supply reservoirs which could be protected by conservation easements held by the Water Authority. He stated he also serves on the Board of Directors of the Virginia Outdoors Foundation, and the Foundation has accepted two easements on properties on the watershed of the Falling Creek and Beaver Dam reservoirs. He advised of efforts by the Mill Mountain Zoo Board of Direct'ors to appoint a new Executive Director to fill the position vacated by Beth Poff. The City Manager advised that Council Member Cutlerwas recently selected as Chair of the Western Virginia Water Authority, effective July 1,2005. Vice-Mayor Fitzpatrick reported on the railwalk and the outstanding work of City staff to move the project forward. He advised that a flatcar donated by Norfolk Southern was recently installed with "trex" boards on top which would become the new stage for "First Fridays", inasmuch as the former venue on the City Market will not be available due to construction of the new Art Museum; acquisition of"trex" boards was a wise expenditure of funds because the boards will not have to be replaced as often and the stage will save staff time by eliminating the need to assemble/disassemble the portable stage; the National Railroad Historical Society has provided ideas for a plaque to be installed at the bottom of the bridge from The Hotel Roanoke; and consideration has been given to placing locomotives by class in the area near the shops to the east end to demonstrate the City of Roanoke's involvement with the railwalk. He added that approximately 21 pairs of locomotive drivers were found at Virginia Scrap Iron and Metal which are between 3 ~ to 4 feet tall, mounted with axles, that can accommodate installation of a 4' x 4' information board in the middle of the railwalk down to the east end shops. He stated that a representative of FreightCar America has offered to donate paint to replace the letters "Southern Car" with "Norfolk Southern" and the project should be substantially complete by early October. Vice-Mayor Fitzpatrick called attention to continuing efforts to move administrative offices of the Roanoke Redevelopment and Housing Authority to Municipal North and a progress report will be provided within the next 90 days. Vice-Mayor Fitzpatrick stated that he serves as Vice-Chair of the Transportation Policy Committee of the Virginia Municipal League, and Co-Chair of the Virginians for Better Transportation which is a state-wide private sector group, and in those capacities he will continue to seek coordination between the two bodies to focus on transportation issues facing the Commonwealth of Virginia. With regard to the Virginia First Cities Coalition, Vice-Mayor Fitzpatrick advised that both gubernatorial candidates offered certain onerous tax suggestions that could be harmful to cities and the suggestions will be closely monitored by First Cities. He also spoke to a request of the Mill Mountain Advisory Committee with regard to an incline, an inn and an observation tower for Mill Mountain. The City Manager commented on the location of the flatcar, and advised that those persons using the flatcar have found it to be an attractive venue, but when scheduling events and activities they have encountered some difficulty with the owners of the surface parking lot(s) in terms of liability insurance, which makes the venue not as attractive as it could be due to a cost that would not otherwise be incurred when using City-owned property. She encouraged the Members of Council to act as advocates when communicating with owners of surrounding surface parking lot(s) to reiterate the value of making their property available or charging a minimum fee to the public for use of the facilities. In his capacity as Chair of the Legislative Committee, the City Manager inquired of Vice-Mayor Fitzpatrick if plans are underway for a presentation on imminent domain and certain tax issues at a future Council meeting; whereupon, he stated that it would be appropriate for the City's legislative liaison to brief the Council within the next 60 days at a 9:00 a.m. Council work session. Council Member Lea reported on activities of the Roanoke Valley Regional Cable Television Committee. He advised that last year, RVTV produced 51 original television shows; i.e.: Inside Roanoke, Roanoke County Today, Spotlight on City Schools, Accent, Excellence in Roanoke County Business Partners; 58 Roanoke Valley government meetings were broadcast; a 15-year franchise agreement was executed with Cox Communications; a capital equipment grant of over $1 million was awarded to RVTV; and RVTV completed transition to a completely digital television station. Council Member Wishneff called attention to an issue regarding the Regional Industrial Park in Pulaski. He asked that the City Manager provide pertinent details to which the City Manager responded that she was not privy to the information. She stated that an important announcement was made last week to designate the Dublin Airport as a foreign trade tax zone, the City of Roanoke and other jurisdictions of the Roanoke Regional Partnership have financially supported the activity for the past several years in the hopes of receiving the designation which would provide access to Federal funds; and support of the designation should make the broader region more attractive to certain kinds of businesses as they engage in import/export activities. Council Member Wishneff advised that at a recent meeting of the Harrison Museum, Members of the Board of Directors were encouraged to consider moving the Harrison Museum of African American Culture to Center in the Square. Council Member Cutler noted that the Harrison Board of Directors was not overly enthusiastic about the prospect of moving to Center in the Square, acertain amount of reluctance has been expressed on the part of the Harrison Museum Board of Directors to accept the invitation of Center in the Square because the Museum would lose some of its independence and uniqueness, but all Board members in attendance acknowledged that the Harrison School is not the appropriate Iocationfor a public museum; Board Members indicated that the Dumas Center had extended an offer to house the Harrison Museum, but there is not sufficient space in the Dumas to display the present collection of museum pieces; Senator John Edwards, Council Member Lea and others spoke in favor of the Harrison Museum taking advantage of an offer to move into space to be vacated by the Art Museum of Western Virginia at Center in the Square; the Harrison Museum continues to be in a tenuous financial situation and the main purpose of the meeting was to encourage City, State and national levels to provide more financial support for the Museum, and it has been acknowledged that more support is needed from the local community. In closing, Dr. Cutler advised that Council Members Lea and Wishneff attended the meeting on behalf of City Council, in addition to local State Senators and Delegates, and minutes of the meeting would be available upon request. As a Member of the Board of Directors of Center in the Square, Council Member Dowe advised that discussions have taken place regarding larger opportunities for the Harrison Museum that can be sustained would be preferable and after measures to gain momentum have been identified along with solicitation of more community support. The paradigms will be broken down in order to get on with the business of operating the Harrison Museum. Council Member Cutler responded that relocating the Harrison Museum to Center in the Square would contribute to breaking down the paradigm. Council Member Dowe advised that some time ago, the City of Roanoke created a Youth Commission, which was modeled after the City of Hampton's Youth Commission, to enable young people to have a level of "buy in" to the decisions made on their behalf and to act as an incentive for more young people to return to the City of Roanoke following completion of college because they would have a vested interest in what they perceive to be decision making for the future. He stated that he requested the City of Roanoke's Youth Commission to consider drafting acomprehensive plan foryouth, which may be presented within the next year. Vice-Mayor Fitzpatrick advised that he participated in the recent ribbon cutting for the Youth Center at Preston Park, the Center was designed with input by members of the City's Youth Commission, a good representation of young people from across the City's neighborhoods was in attendance, and establishment ofaYouth Center is another positive step in the right direction for Roanoke's youth. The City Manager advised that representatives of the Youth Commission would present a progress report at the August 1, 2005 Council work session, along with before and after photographs of the Preston Center; the Vice-Mayor attended the "soft opening" of the Preston Center and a formal ribbon cutting ceremony will be held in the near future. She stated that the Preston Center is an example of youth not only taking ownership of the building, but activities within the building. The City Manager advised that she has encouraged the Harrison Museum to allow the loaning of some of its art to the City in order to provide exposure to diversity in art and indicated that a special charge by Council to the Roanoke Arts Commission could be to nurture and improve the relationship with the Harrison Museum and the Museum's art collection in order to expose more people to another element of art. BRIEFINGS: CITY CODE-BUILDINGS/BUILDING DEPARTMENT: The City Manager introduced Karl S. Cooler, Building Commissioner, for a briefing on certain changes to the Building Code/enforcement, and an update on downtown buildings and certain renovation projects that have proven to be particularly challenging in an older city. Mr. Cooler presented the following building inspections overview: · Adoption of the 2003 Virginia Uniform Statewide Building Code. Adoption of the 2003 USBC is scheduled for December 1,2005. A revision of Chapter 7 of the City Code will be submitted to Council in September 2005, with proper references for adoption at the local level. The International Existing Building Code (IEBC) is a new code for the international series of codes and will be adopted by the Commonwealth Virginia in 2005. The Code is modeled after the New Jersey Rehab Code which was long held to be the standard to allow older buildings to be much more readily used for modern uses. The 2003 IEBC is an expansion of Chapter 34 of the International Building Code which deals with existing buildings. Its adoption will give developers, design professionals and building departments more tools to analyze existing buildings for alternative compliance to the building code. Progress of Rehabilitation of Downtown Structures. Building shell and systems Individual upfits for owners and tenants Colonial Arms, 204 Jefferson Street City-state Building, 102 Campbell Avenue Construction Activity for 2005. Construction activity is strong for the first half of 2005. It was thought at the beginning of this year that the mild winter was partially responsible, but construction figures have consistently been above last year's numbers by approximately 10-1 2%. Permit Structure - Multiple Versus Combination Permits. The City has been working with Accela Permits Plus software to make it more flexible and provide the ability to work more closely within the Building Department, with other departments and with outside customers to improve service. The City has been working with contractors and with the Roanoke Regional Home Builders Association to move toward a combination permit system in lieu of the separate permits which are currently used. All responses to date have been extremely positive. Atrial run of the system has been used on the Civic Center Phase II project and reaction by all persons involved has been good. Roanoke County has approved combination permits for residential permits and is expected to follow with commercial permits in the near future. In the near future, the City Manager will propose the necessary changes to fully implement combination permits. Revised square foot building costs will closely parallel the method used by the Director of Real Estate Valuation. No change will be requested in the current permit fee, and the goal is to make the change from multiple permits to combination permits with as little change as possible in the overall fee for a structure. Joint meetings with Building Officials from the City of Roanoke, Roanoke County and the City of Salem started in December 2004 and continue to be held. The following priority tasks were identified: Standardizing Permit Submission Requirements. Mutual Aid Agreement. Standardizing Code Interpretations. National Accreditation of the Building Departments. Work with Virginia Tech's Architecture Department to Develop Standard Plans. Cross Connection Testing and Certification. The City's Cross Connection Control Program was ~mplemented on July 1, 2004, as a result of new requirements in the 2000 USBC. Virginia added a requirement to the 2000 International Property Maintenance Code that required annual testing of cross connection devices. The Western Virginia Water Authority is required by Virginia Health Department regulations to have a cross connection control program in place as a condition of supplying water to a property. Both the City of Roanoke and Roanoke County have acceptable cross connection control programs in place; the Water Authority's program includes language that recognizes the programs from the two jurisdictions as a basis for compliance with their requirements; should either of the participating jurisdictions fail to maintain an acceptable program, the Water Authority would be required to implement a program of its own in its place. The Water Authority has stated that it will not supply water to a meter that is connected to a system that requires a cross connection device without an annual test and certification that the device is working properly. The City of Roanoke's program requires that a $35 permit be obtained and that the services of a third party certified tester be used for the device; and satisfactory test results are sent to the City upon completion of the annual test and/or repair of the device. Roanoke County charges a $30 fee and performs the test with its Utility Department inspectors; they are currently revisiting their requirements since formation of the Western Virginia Water Authority has resulted in elimination of the County's Utility Department. Mr. Cooler stated that the Colonial Arms Building located at 204 Jefferson Street which is a 12 story building with a basement and is located within a flood zone has been of interest, certain things about the building as a whole make up its safety insofar as building construction, and other systems in the building that relate to safety include the fire suppression system and fire alarm system which must function as awhole in order for any individual to safely occupy the building; individual upfits, whether it be a tenant space or an owner occupied space then come into consideration; it is necessary to ensure that construction of the shell of the building is adequate to protect any occupant in the event that something happens on any floor, and that the building is protected with a fire alarm system or sprinkler system that will give occupants the time they need to exit the building in the event of an emergency. He stated that another issue pertaining to the building is in reference to the flood plain because it is obvious that the building cannot be flood proofed or raised out of the flood plain. In order to accomplish what is believed to be an adequate variance to the flood plain requirements, he advised that the building has been sealed based on calculations where it is believed that water will come in and a pump will be installed with a back up generator that will pump water out faster than it comes in; and this type of system would enable the electrical service and main distribution panels to the building to remain in service in the event of a flood. He advised that certain buildings in Virginia are required to under go professional review design, the City engaged in the services of design professionals to analyze building construction and to identify any issues that do not meet building code requirements which would give the City an opportunity to key in on those issues, rather than to do a full analysis and walk through; and the City of Roanoke cannot make changes at the local level, but does have the authority to grant variances in order to make code requirements work at the local level. He explained that building shell and systems, i.e.: fireproofing and compartmentalization of each floor must be complete and the fire suppression system and fire alarm system must be fully operational before the first units can be occupied in the building, and the building should be operational and ready for occupancy in approximately December 2005. The City Manager stated that new code requirements will afford the City as opportunity to rehabilitate older buildings within the City of Roanoke, however, certain challenges still exist. Mr. Cooler advised that the permit process will be quite lengthy as the City moves from nine permits to one; an effort will be made to keep the permit process as simple as possible, with the least amount of monetary impact as possible; the new review system will pull all information together regarding the monetary value of the project under one heading and provide a truer picture of construction and the amount of application. Council Member Cutler inquired as to whether the City was taking any initiative with respect to "green building" techniques; whereupon, the City Manager responded that she was not aware of any building currently under design; the previous design of the stadium/amphitheatre contained an element that would use water runoff for landscaping; and the City has encouraged Carillon Health Systems to use "green building" techniques on the first building of the Riverside Centre. Mr. Cooler stated that the new Art Museum is considering asystem that would use rainwater. Council Member Dowe advised that a majority of the buildings within the City of Roanoke are older structures, and inquired as to whether there is away to separate the various buildings into construction percentages; whereupon, Mr. Cooler stated that it would be important to ensure that the City's records are accurate and the need to coordinate Building Department and Department of Economic Development reporting in order to reach an accurate figure which would involve reaching a balance between an educational department, a service department and an enforcement department. He called attention to efforts to encourage the building departments of the City of Roanoke, Roanoke County and the City of Salem to meet on a quarterly basis to standardize certain submission requirements and interpretations; national certification through ICC is under investigation which will complement police and fire department accreditation procedures, since the Building division is a part of the safety component; and discussions have been held with the Architectural Department at VirginiaTech to develop standardized foundation plans and small building plans to assist builders that do not have that level of expertise. Mr. Cooler discussed cross connection and back flow prevention measures and advised that there are three avenues of cross connection control and enforcement inspection: building, plumbing and residential codes, which identify requirements of a system at the time of installation. He explained that the General Assembly modified the Property Maintenance Code, which provides that once a cross connection device is installed, the device must be inspected on an annual basis and shown to be operational; another method which is used by Roanoke County involves a cross connection control program that was adopted by ordinance; and Western Virginia Water Authority regulations, as promulgated by the Health Department, require jurisdictions to have a cross connection control program in effect which is incorporated as an integrated package program for submittal to the State; and, if it is deemed that any jurisdiction does not have an acceptable cross connection control program in effect, the Iocatitywill be required to implement a program to test and certify cross connection devices. Vice-Mayor Fitzpatrick stated that the City of Roanoke became the "national poster child" when it went through the Autumn Lane termite poisoning case that resulted from awater line break that allowed chemicals to flow into the water line; whereupon, Mr. Cooler stated that the Building Department will identify and review new technologies, make efforts to incorporate appropriate information into the City's process, and be as flexible as possible. Council Member Wishneff stated that more complaints were received from citizens regarding the residential fee than installation of the cross connection device. COMMUNITY PLANNING -CITY MAPPING PROGRAM: The City Manager called attention to efforts by City and School staff to implement a Financial Application and Integration System (FAIS), which will provide a useful service to individual neighborhoods and citizens. The Director of Finance advised that staff of the Finance Department were also involved with implementation of the system. Justin Eades, Junior Systems Analyst, Department of Technology, presented an overview of the Community Portal, which is a unique website designed to present various kinds ofdataat the neighborhood level; data behind the scenes is GIS or geographic based, made to look like a normal website, easy to use, simple to navigate, and not overwhelming for the average user; and the Community Portal was launched last Fall in conjunction with redesign of the City's website. Tracey Leet, GIS Coordinator, Department of Technology, conducted a walk through of the website, starting at the home page Community Portal. He explained that there are three ways to activate the system: (1) type in a specific address, (2) select a neighborhood; or (3) select a common place in the City of Roanoke. The following was used as an example: DISCOVER EXPLORE LEARN FIND The Roanoke Roanoke Community Driving Valley Neighborhoods Information Directions WELCOME TO ROANOKE'S COMMUNITY PORTAL WHERE YOU CAN FIND INFORMATION ABOUT ROANOKE'S NEIGHBORHOODS, COMMUNITIES, AND DISCOVER THE SURROUNDING REGION. Click on one of the photos above to select your starting point. Addresses: Community Portal Address: http://www.roanokeva.gov/cphome City's Website Address: http://www, roanokeva.gov City's Mobile Website Address: http://mobile.roanokeva.gov Mr. Leet explained that the site has two components: a reporting section and a mapping section containing different layers; examples include the education home page, libraries, recreation, parks and youth athletic regions, voting precincts and polling places, and related sites for neighborhood organizations; and the system has the capability of zooming in to provide more detail, including links directly to the real estate site. He added that the E-Government Group is constantly looking for ideas to improve the site and to add more layers of information; a layer of information regarding leaf collection will be added and removed as needed during the fall season; and a layer of information on trash collection and maps and directions to City parks which can be accessed and printed by keying in a starting position, similar to the way users access "Map Quest" on the Internet, will also be added. Council Member Dowe commended Department of Technology stafffor their innovative and impressive work. At 10:30 a.m., the Mayor declared the Council meeting in recess to be immediately reconvened in Closed Session in the Council's Conference Room, Room 451, Noel C. Taylor Municipal Building, to be followed by a joint meeting of Council and the City Planning Commission at 12:00 p.m., in Room 159, Noel C. Taylor Municipal Building. At 12:00 p.m., on July 5, 2005, the Council meeting reconvened in Emergency Operations Center Conference Room, Room 159, the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., the City of Roanoke, for a joint meeting of Council and the City Planning Commission. PRESENT: Council Members Brenda L. McDaniel, M. Rupert Cutler, Alfred T. Dowe, Jr., Beverly T. Fitzpatrick,Jr., Sherman P. Lea, and Mayor C. Nelson Harris--6. ABSENT: Council Member BrianJ. Wishneff ................................................ 1. CITY PLANNING COMMISSION MEMBERS PRESENT: Gilbert E. Butler, Jr., D. Kent Chrisman, Robert B. Manetta, Paula L. Prince, Henry Scholz, Fredrick M. Williams and Chairman Richard A. Rife .......................................................... 7. ABSENT: None ..................................................................................... 0. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City Clerk. OTHERS PRESENT: R. Brian Townsend, Director, Planning, Building and Development; and Martha P. Franklin, Secretary, City Planning Commission; and Chris Chittum, Senior Planner. COUNCIL-COMMUNITY PLANNING: The Mayor welcomed Members of the City Planning Commission and Planning Department staff. COUNCIL-COMMUNITY PLANNING-NEIGHBORHOOD PLANS: Mr. Townsend presented an annual update on Vision 2001-2020, the City's Comprehensive Plan, and advised that a second report would be shared with the Planning Commission regarding Neighborhood Plan Implementation. 12 Mr. Chittum highlighted updates to the overall Comprehensive Plan. He stated that almost every action to the Plan has some type of activity geared toward implementation; one of the actions deals with the new Zoning Ordinance; and a number of places are identified in the Comprehensive Plan where changes to the Zoning Ordinance are necessary in order to meet the City's goals. He further stated that the Plan recommends that a Housing Plan be developed which is in the process of completion by the Planning Department, along with certain other activities, i.e.: Colonial Green, Countryside, and Day Avenue, etc. He indicated that every quadrant of the City will be covered by some type of neighborhood design, and reviewed the following in terms of neighborhood development for Community Development Block Grant (CDBG) targeting: Housing and Neighborhood Construction Development; Neighborhood Assist Centers: Housing Neighborhood Services and City Libraries. Two libraries have been identified for the project; Economic Development Activities: Technology businesses in the City; Establishment of a Brand Identity. A lot of activity in economic development on a neighborhood level with facade grants, particularly businesses located in village centers; Cultural resources: Greenway development, stormwater and air quality management; Three new historic districts created on-line within the last five years, with two pending - Gainsboro and Salem Avenue; Public Safety First year of geographic policing efforts. Regional cooperation. All neighborhood plans taken as a whole. Neighborhood plans identify districts on the Zoning Map. Observation: Implementation tends to be very high in the neighborhoods. Implementation in active neighborhood groups. Mr. Chittum stated that following adoption of neighborhood plans, implementation will take place in the second or third year; and one of the most important recommendations for the Comprehensive Plan is to develop neighborhood plans. Discussion: Council Member Dowe inquired about a time period with regard to updates to neighborhood plan implementation; whereupon, Mr. Chittum reiterated that the timeframe for implementation is two - three years following adoption of the Plan. Council Member Dowe requested more information on the role of the Department of Planning, Building and Development relative to the Youth Commission Comprehensive Plan. Council Member Cutler complimented staff on updates to the Neighborhood Plan Implementation Report and the Vision 2001-2020 Implementation Report July 2005; and called attention to the following items: · Affordable Housing - the Cradle to Cradle Program · Regional Park Authority · Expansion of park systems · Cellphone towers · Riverkeeper Program · Ore Branch Project Upon completion of the Market Study, Council Member Cutler suggested that the City focus on the Greater Henry Street Area Study, water quality, a storm water management authority, i.e.: how to assist the Water Authority with infiltration and inflow, removal of storm water from the sewer system, and creation of a more residential friendly downtown area. Council Member McDaniel inquired as to whether the City is a part of the Riverkeeper Program; whereupon, Council Member Cutler advised that the program is a private entity and therefore the City cannot participate. He further advised that the entity has consideredjoining the national corporation to become the official trademark Riverkeeper 501 (2)(3) and a meeting is scheduled in the near future to discuss the matter. Mr. Townsend stated that each year, operational departments are contacted with regard to updates to the Comprehensive Plan which reinforces the Plan annually. He further stated that while the Zoning Ordinance is a major part of implementation of the Plan, two-thirds of the Plan is not administered by planners, but departments such as Public Works, Facilities Management, etc. He indicated that the Planning Department has built a stronger staff constituency for the Plan in terms of realization and the importance in urban activities to move the Plan forward. He pointed out that Planning staff will continue to involve other City departments that play a major role in the implementation process. 14 The City Manager commented that the Plan and the implementation schedule in the annual report were intended to provide a greater sense of direction to City departments with regard to Council's priorities and expectations of individual departments. Mr. Townsend stated that any additional comments with regard to the documents should be forwarded to the Department of Planning, Building and Development, and the documents will be posted on the City's website for review by citizens. Mr. Townsend called attention to a public hearing which is scheduled to be held on Thursday, July 28, 2005, at 4:00 p.m., in the Council Chamber, by the City Planning Commission with regard to the proposed new Zoning Ordinance. He noted that the first advertisement would be published in The Roanoke Timeson Tuesday, July 12, 2005, and notices containing a general notification to the public hearing and a descriptive summary of the Zoning Ordinance and zoning districts were mailed to all property owners in the City of Roanoke. Mr. Townsend stated that following the public hearing, the City Planning Commission will hold weekly work sessions during the month of August to formulate its recommendations to Council; and the Planning Commission anticipates submitting recommendations to Council no later than October 2005. Council Member Dowe inquired if there is a role that the Council could play in assisting City staff on educating the public with regard to the proposed new Zoning Ordinance; whereupon, Mr. Townsend stressed the importance of strong citizen participation in the process. (For full text, see Implementation Reports for Vision 2001-2020 Comprehensive Plan and Component Neighborhood Plan on file in the City Clerk's Office.) Mr. Williams distributed a marketing brochure which was prepared for the Williamson Road area. (See brochure on file in the City Clerk's Office.) On behalf of the Council, the Mayor expressed appreciation to Members of the City Planning Commission for their service to the City of Roanoke. There being no further business, at 12:55 p.m., Chairman Rife declared the meeting of the City Planning Commission adjourned. At 12:55 p.m., the Mayor declared the Council meeting in recess until 2:00 p.m., in the City Council Chamber, (The Council reconvened in Closed Session in Room 159.) At 2:00 p.m., on Tuesday, July 5, 2005, the Council meeting reconvened in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor C. Nelson Harris presiding. PRESENT: Council Members Brenda L. McDaniel, M. Rupert Cutler, Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., Sherman P. Lea, and Mayor C. Nelson Harris .................................................................................................................. 6. ABSENT: Council Member BrianJ. Wishneff- ................................................ 1. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City Clerk. The invocation was delivered by Mayor Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Harris. ORGANIZATIONAL MEETING: CITY COUNCIL: Council Member Cutler offered the following resolution establishing a meeting schedule for City Council for the fiscal year commencing July 1,2005, and ending June 30, 2006: (#37109-070505) A RESOLUTION establishing a meeting schedule for City Council for the Fiscal Year commencing July 1, 2005, and terminating June 30, 2006, and changing the time of commencement of regular meetings to be held on the third Monday in August, 2005, and the third Monday in September, 2005. (For full text of Resolution, see Resolution Book No. 489.) Council Member Cutler moved the adoption of Resolution No. 37109- 070505. The motion was seconded by Council Member McDaniel and adopted by the following vote: AYES: Council Members McDaniel, Cutler, Dowe, Fitzpatrick, Lea, and Mayor Harris .................................................................................................................. 6. NAYS: None ............................................................................................... O. (Council Member Wishneff was absent.) PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE. ]6 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 meeting of Council held on Monday, May 16, 2005, were before the body. (For full text, see Minutes on file in the City Clerk's Office.) Vice-Mayor Fitzpatrick 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 McDaniel and adopted by the following vote: AYES: Council Members McDaniel, Cutler, Dowe, Fitzpatrick, Lea, and Mayor Harris .................................................................................................................. 6. NAYS: None ................................................................................................ 0. (Council Member Wishneffwas absent.) COMMITTEES-WATER RESOURCES: A Resolution adopted by the Western Virginia Water Authority expressing appreciation to George W. Logan for his service as a Director of the Water Authority, was before Council. Vice-Mayor Fitzpatrick moved that the Resolution be received and filed. The motion was seconded by Council Member McDaniel and adopted by the following vote: AYES: Council Members McDaniel, Cutler, Dowe, Fitzpatrick, Lea, and Mayor Harris .................................................................................................................. 6. NAYS: None ................................................................................................ 0. (Council Member Wishneff was absent.) CITY PROPERTY: The City Manager submitted a communication advising that pursuant to requirements of the Code of Virginia, the City of Roanoke is required to hold a public hearing on the proposed conveyance of property rights; whereupon, she requested that a public hearing be advertised for Monday, July 18, 2005, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the conveyance of City-owned property to Roanoke Sports Group, LLC. Vice-Mayor Fitzpatrick moved that Council concur in the request of the City Manager. The motion was seconded by Council Member McDaniel and adopted by the following vote: AYES: Council Members McDaniel, Cutler, Dowe, Fitzpatrick, Lea, and Mayor Harris .................................................................................................................. 6. NAYS: None ................................................................................................ 0. (Council Member Wishneffwas absent.) OATHS OF OFFICE-PARKS AND RECREATION-COMMI'I-rEES: The following report of qualification was before Council: Sherley E. Stuart as a member of the Parks and Recreation Advisory Board, for a term ending March 31,2008. Vice-Mayor Fitzpatrick moved that the report of qualification be received and filed. The motion was seconded by Council Member McDaniel and adopted by the following vote: AYES: Council Members McDaniel, Cutler, Dowe, Fitzpatrick, Lea, and Mayor Harris .................................................................................................................. 6. NAYS: None ................................................................................................ 0. (Council Member Wishneffwas absent.) REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: NONE. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: PURCHASE/SALE OF PROPERTY-FIRE DEPARTMENT: The City Manager submitted a communication advising that 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 consolidation of other stations; a site has been identified on Melrose Avenue that is suitable for one of the new stations and the owner has agreed to sell the property for $332,500.00; and funding to purchase the property was appropriated on June 20, 2005. The City Manager recommended that she be authorized to acquire in fee simple a parcel of land identified by Official Tax No. 2322001, following satisfactory environmental site inspection and title examination. Council Member Cutler offered the following ordinance: (#37110-070505) AN ORDINANCE providing for the acquisition of certain property needed by the City for the development of a new Fire - EMS station, located on Melrose Avenue, bearing Roanoke City Tax No. 2322001, and dispensing with the second reading of this ordinance by title. (For full text of Ordinance, see Ordinance Book No. 69, Page 490.) Council Member Cutler moved the adoption of Ordinance No. 37110- 070505. The motion was seconded by Council MemberMcDaniel. Ms. Helen E. Davis, 35 Patton Avenue, N. E., expressed concern that no public meetings were held by the City regarding the proposed fire station on Melrose Avenue. She stated that when the City Manager assumed her position in 2000, she met with a group of citizens at First Baptist Church on Wells Avenue and Jefferson Street, at which time citizens expressed concerns with regard to how some black communities have been raped of land for industrial sites, roads, etc., and they were told by the City Manager that such practices would no longer be permitted, instead the Burrell Center has been closed, a methadone clinic has been opened, no play area has been provided for the community, and schools in the neighborhood have been closed. She also expressed concern that with the closing of fire stations, response times could be affected and alluded to the fact that certain decisions by the City could be racially motivated. She asked that Council review the issue of closing fire stations by using critical thinking and require accountability and truth by all persons. Fire Chief James Grigsby was requested to review the rationale for 14 fire stations; whereupon, he advised that currentlythe City has 13 fire stations on line; and until four years ago, the City had 14 fire stations until a new fire station at South Peters Creek Road was constructed and the station on Salem Turnpike was closed. He stated that the City of Roanoke consists of approximately 42 square miles and 13 fire stations would cover about 3.2 miles per square mile per station. He advised that under the Fire Department's Business Plan to build three additional new stations and to close aging stations, Roanoke will have atotalof 11 stations which will cover 3.8 square miles on an average per station; therefore, the City of Roanoke will be well within the national benchmark as established by the Insurance Service Organization. He stated that Roanoke has stations that were constructed in 1906, 1912, 1926, and in approximately 1928 prior to Peters Creek Road, 1-581, Orange Avenue, Second Street Bridge, Fifth Street Bridge, Tenth Street Bridge, etc., aging infrastructure and fire equipment that cannot be navigated into some of the smaller existing fire stations. He added that citizens are naturally and rightly concerned about response times which is an element of five or six critically important elements in providing life saving services; the preferred response time is within four minutes, 90 per cent of the time which is a standard that is currently met by Roanoke's Fire Department; and a plan has been recommended that will provide response times of four minutes or less, 90 per cent of the time. Council Member Dowe referred to road improvements and other changes in fire service over the years. He inquired about the types of training enhancements/materials that are considered when constructing today's fire stations. ChiefGrigsby advised that higher quality homes are constructed today due to more stringent building code standards, training of fire suppression staff has improved, fire education programs are offered in the Roanoke City Schools and free smoke detectors are offered to City residents. He stated that fire inspectors in the downtown area, improved building codes, new materials and public education all lead to a more fire safe community which, is evidenced by the fact that during the past three years there have been less than 100working fires in the City of Roanoke. ChiefGrigsbywas requested to address the issue of response times relative to a future increase in the City's housing stock; whereupon, he advised that population density drives the number of calls and some peripheral areas will be underserved by the four minute response time; Old Mountain Road will be the most underserved area, because even with the new fire station, it will take four minutes to reach the bridge at Old Mountain Road; and areas that offer the most concern are Old Mountain Road and some of the southwest and southeastern peripheral areas where the four minute response time is not met. He stated that those areas represent the ten per cent that are allowed by national standards, which is not comforting to those individuals who live in the area; however, new homes are being constructed according to stronger building code standards and very few calls have been received from those areas. He advised that inner City areas where there is a high population density receive outstanding fire response coverage. Council Member Lea inquired if community meetings were held; whereupon, Chief Grigsby responded that approximately 36 meetings were held throughout the community. The City Manager expanded on Chief Grigsby's response by advising that several years ago, when the Master Plan for Fire/EMS was first proposed, City Staff conducted a series of meetings. She stated that there has been a general misunderstanding in the community because some individuals thought that the City intended to close fire stations before new fire stations were opened; whereupon, she clarified that it is not intended to close any station until such time 2O as replacement fire station is operational. She advised that Council previously approved sale of the fire station at the Roanoke Regional Airport and the City has a five year period during which to construct the new fire station; the capital improvement budget does not provide for design or construction of the new facility for several years, but it is an important signal to the community that funds received from the sale of the Airport fire station will be used to purchase the property for both new stations on Williamson Road and the proposed station for the Melrose Avenue area. Question was raised with regard to the status of jobs within the Fire Department as a result of construction of the new fire stations; whereupon; the City Manager advised that it is planned to consolidate staff, there may be some adjustments in equipment depending on equipment availability over the next several years, and a reallocation of resources to 11 stations as opposed to the current 13 stations. Question was raised with regard to the assessment of the property located at the corner of Franklin Road and Elm Avenue (704 Franklin Road, S. W.); whereupon, the City Manager advised that the City's assessment was approximately $65,000.00, and an independent appraisal assessed the property at approximately $315,000.00, which was reviewed and agreed to by the Director of Real Estate Valuation, as a reasonable price for the property. She stated that when this particular fire station is constructed, additional space will be provided for a Police satellite or substation on a permanent basis and a community meeting room; when the station on Salem Turnpike closed, it allowed the addition of an ambulance to the South Peters Creek station, which improved the response time for medical calls, and the balance of firefighters were assigned to the Clearbrook station in Roanoke County, in order to provide better service to that portion of the southwest section of the City and the Southern Hills area where response times were in the range of six to eight minutes. Chief Grigsby advised that the Clearbrook Agreement allowed the Southern Hills area and the southern tip of the Route 220 corridor to be served within the four minute response time, as opposed to the previous six to eight minute response time. There being no further discussion, Ordinance No. 37110~070505 was adopted by the following vote: AYES: Council Members McDaniel, Cutler, Dowe, Fitzpatrick, Lea, and Mayor Harris .................................................................................................................. 6. NAYS: None ................................................................................................ 0. (Council Member Wishneff was absent.) 2! TRAFFIC-STATE HIGHWAYS: The City Manager submitted a communication advising that the Virginia Department of Transportation's (VDOT) Revenue Sharing Program has been available to Virginia counties for many years; funds are matching funds and may be used for transportation maintenance and construction activities; and as part of a new initiative, the Commonwealth of Virginia has made funds available to cities and towns that maintain their road systems and has increased the amount of available funds statewide. It was further advised that funds are matching funds that must be supplemented by local funds on a one to one basis; the City can receive a maximum of $1 million from the State which must be matched by $1 million of local funds; staff has identified three projects for which the funds may be used which include maintenance and rehabilitation of the Walnut Avenue Bridge, improvement of the intersection at Aviation Drive and Towne Square Boulevard, and maintenance of sidewalks, citywide; and the City has identified the following funding sources: · Walnut Avenue Bridge Improvements - $325,000.00 from Walnut Avenue Bridge Project, Account No. 008-530-9511. Aviation & Towne Square Intersection Improvements - $250,000.00 from Aviation & Towne Square Boulevard Improvements, Account No. 008-530-9830, and $200,000.00 from VDOT Highway Projects, Account No. 008-530-9803. · Sidewalk Maintenance - $225,000.00 from Sidewalk Maintenance, Account No. 008-530-9793. The City Manager recommended that Council adopt a resolution supporting the request to participate in the Virginia Department of Transportation Revenue Sharing Program. Council Member Dowe offered the following resolution: (#37111-070505) A RESOLUTION supporting the City of Roanoke's participation in the Virginia Department of Transportation's Revenue Sharing Program. (For full'text of Resolution, see Resolution Book No. 69, Page 491.) Council Member Dowe moved the adoption of Resolution No. 37111- 070505. The motion was seconded by Council Member Cutler and adopted by the following vote: 22 AYES: Council Members McDaniel, Cutler, Dowe, Fitzpatrick, Lea, and Mayor Harris .................................................................................................................. 6. NAYS: None ................................................................................................ 0. (Council Member Wishneffwas absent.) BUDGET-ROANOKE PASSENGER STATION RENOVATION PROJECT: The City Manager submitted a communication advising that the Western Virginia Foundation for the Arts and Sciences (WVFAS) received notification that it would receive additional Transportation Enhancement funds for the Roanoke Passenger Station Renovation Project, in the amount of $100,000.00, which is in addition to the $1,098,000.00 in Enhancement funds approved in 2001, 2002 and 2004, bringing the total to $1,198,000.00; other State-provided funding of $500,000.00 has been committed to the project which currently totals almost $3.2 million, considering both State and local funding; the City of Roanoke must enter into separate supplemental agreements with the WVFAS and the Virginia Department of Transportation (VDOT) which define the responsibilities of each party; authority for all VDOT agreements for the project was previously authorized by Council action on January 22, 2002 (Resolution No. 35734-012202); authority for all WVFAS agreements for the project was previously provided pursuant to Ordinance No. 36157-121602; the WVFAS would be responsible for the match requirement of $25,000.00; and it is requested that the $100,000.00 of Transportation Enhancement funds be appropriated (to be reimbursed by VDOT) to Project Account No. 008-530-9900-9007 for disbursement to the Western Virginia Foundation for the Arts and Sciences. The City Manager recommended that Council adopt a budget ordinance to increase the revenue estimate in the amount of $100,000.00 for Transportation Enhancement funds to be provided byVDOT; authorize the Director of Finance to increase the revenue estimate in the amount of $100,000.00, and appropriate funding in the same amount to the Roanoke Passenger Station Renovation Project, Account No. 008-530-9900-9007, for disbursement to the WVFAS. Council Member Dowe offered the following budget ordinance: (#37112-070505) AN ORDINANCE to appropriate TEA-21 Enhancement Grant funding to be provided by VDOT for the Roanoke Passenger Station Renovation Project, amending and reordaining certain sections of the 2005-2006 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 69, Page 492.) Council Member Dowe moved the adoption of Ordinance No. 37112- 070505. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by the following vote: AYES: Council Members McDaniel, Cutler, Dowe, Fitzpatrick, Lea, and Mayor Harris .................................................................................................................. 6. NAYS: None ................................................................................................ 0. (Council Member Wishneffwas absent.) BUDGET-CITY INFORMATION SYSTEMS-SCHOOLS: The City Manager submitted a communication advising that in support of Council's objective to improve application integration and efficiencies and the Financial Application Integration project, the City of Roanoke along with the School system, is seeking a replacement for the existing Budget Preparation application; in 2004, a team consisting of representatives from the School system and City departments began the process of identifying a cost-effective solution to meet the needs of both organizations; a Request for Proposal was released in January, 2004 and again in November, 2004; in both cases, following a review of submissions including on- site presentations, the team rejected all bids due to either functional limitations, or costs above the $500,000.00 budgeted for the project. It was further advised that during the second RFP review, the Department of Technology (DOT), seeking a viable alternative that meets the functional requirements of the City and the Schools at a reasonable cost, identified a solution that was written "in house" by the IT department of the CityofVirginia Beach; the system has previously been sold to other localities in Virginia for a nominal fee; it was viewed by the Budget Preparation System Committee as a viable alternative to the purchase of vendor software; DoT assisted the Budget Preparation System Committee in analyzing the functional capability of the Virginia Beach solution, reviewing an on-line demonstration of the system, determining technical staffing needs, and developing a five-year cost analysis comparison; and based on the findings, it was the recommendation of the Department of Technology and the review team to adopt the Virginia Beach solution. It was explained that DoT, in partnership with the Department of Management and Budget (DMB) and City School administrative offices, will customize the system to meet the specific budget and performance management needs of both agencies; the new system will greatly enhance the budgetary process by providing an innovative, cost-effective solution to support the growing complexity and diverse operational needs of the City and the Schools while continuing to meet the objective of Council for integration of technology systems; by adopting the Virginia Beach solution, the City and the Schools will avoid expenditure of approximately $400,000.00 during a five-year period as compared to purchasing a vendor-provided solution; and funds can be redirected to other priority technology projects. It was noted that the report seeks authorization to add a Programmer/Analyst I position to provide computer support to the School System and DoT; a full time support position is needed to further customize and maintain the new system which cannot be supported with existing staff; cost of the position was included in the five-year cost analysis; following the first year, the position will 24 support the budget preparation system, as well as provide support to the e-gov team on various projects; and, in the first year, the position will be funded by the Financial Application Integration project, and in subsequent years, the DoT operating budget will fund the position. The City Manager recommended that Council authorize the addition of a Programmer/Analyst I position in the Department of Technology to provide on- going system support; and adopt a budget ordinance to transfer funds from Account No. 13-430-1602-3028 (Reserve Future Capital Outlay) to the following accounts: Regular Employee Salaries City Retirement ICMA Match FICA Life Insurance Account (13-430-1601-1002) (13-430-1601-1105) (13-430-1601-1116) (13-430-1601-1120) (13-430-1601-1130) Amount $ 37,859.00 4,774.00 650.00 2,896.00 432.00 Total $ 46,611.00 Vice-Mayor Fitzpatrick offered the following budget ordinance: (#37113-070505)AN ORDINANCE to transfer funding and provide approval of an additional position for computer support for the new Budget Preparation System, amending and reordaining certain sections of the 2005-2006 Department of Technology Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 69, Page 493.) Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 37113-070505. The motion was seconded by Council Member Cutler. Upon question, the City Manager explained that approximately $400,000.00 will be redirected to other aspects of the financial application system; and by purchasing this particular software and certain other minor adjustments and the City saved a considerable amount of funds by purchasing the Virginia Beach solution which was a mutual decision by both the City and the School system. There being no further discussion, Ordinance No. 37113-070505 was adopted by the following vote: AYES: Council Members McDaniel, Cutler, Dowe, Fitzpatrick, Lea, and Mayor Harris .................................................................................................................. 6. NAYS: None ................................................................................................ 0. (Council Member Wishneffwas absent.) BUDGET-HUMAN DEVELOPMENT-CITY EMPLOYEES: The City Manager submitted a communication advising that the Federal Government's Child and Family Service Review (CFSR) project has conducted exhaustive studies of each State's implementation of child welfare programs; reviews assessed seven program outcomes and seven systemic factors in the delivery of child protective services, foster care, adoptions and family preservation services; each state is required to submit a Program Improvement Plan (PIP) to address areas where specific national performance standards were not met; each locality must, in turn, develop its own PIP; Virginia's PIP was approved in 2004, and the State legislature has approved funding for implementation of local plans; the amount allocated by the State to the City of Roanoke is $195,131.00, which includes the required 20% local match of $39,026.00 and is intended for the State's fiscal year 2006; PIP funds will be allocated in a separate State budget line for both fiscal year 2006 and fiscal year 2007; and in fiscal year 2008, funds will be included in the City's base allocation, provided that targets established in the local PIP are met. It was further advised that the City of Roanoke Department of Social Services has submitted its PIP to the Virginia Department of Social Services (VDSS);the Plan requires much more intensive involvement by foster care staff in the delivery of services; increased collaboration with foster children, birth families and foster families is an essential part of the Plan; the CFSR conducted on anational level has shown that the relationship between social worker visits with these parties has a high correlation with increased well-being of foster children; the Child Welfare League of America and the American Public Human Service Association have documented the need to reduce child welfare caseloads; the recommended caseload size ranges from eight to 12 children; the City averages about 16 foster care cases per social worker when fully staffed at the present staff complement; due to high demands and stress related to the job, the City's foster care social work staff has turned over at an alarming rate during the past 12-18 months, and there have been vacancies on a nearly constant basis; the lack of stability in the City's workforce is contributing to its inability to fully meet the CFSR performance standards; social workers also need strong supervisory support and training in order to effectively meet standards and to advance in their job skills; and present supervisory units have about eight staff (including support staff), however, six staff per unit is the recommended size. It was explained that the local PIP allocation of $195,131.00 will fund salaries and benefits for four additional social workers and one social work supervisor; positions will not be filled before August 1, 2005, therefore, salary costs will only accrue for 11 months in fiscal year 2006 which will enable the PIP allocation to cover start up costs for equipment purchases; the hiring of staff wil l reduce foster care caseloads to an average of about 13 children per social worker; and supervisors will have about seven staff in their units. 26 The City Manager recommended that Council authorize the Department of Social Services to increase staff complement by four full-time social workers (grade 11) and one full time social work supervisor (grade 13), and adopt an ordinance establishing a revenue estimate in the General Fund in the amount of $156,105.00, transfer $39,026.00 from the City Manager Contingency, Account No. 001-300-9410-2199, and appropriate $195,131.00 for the Department of Social Services, as follows: 001-630-5314-1002 001-630-5314-1105 001-630-5314-1120 001-630-5314-1130 001-630-5314-2020 001-630-5314-2035 001~630~5314-2044 (Regular Employee Salaries) (City Retirement) (FICA) (Life Insurance) (Telephone) (Expendable Equipment) (Training and Development) 146,363.00 18,456.00 12,215.00 1,820.00 2,000.00 11,000.00 3,277.00 Vice-Mayor Fitzpatrick offered the following budget ordinance: (#37114~070505) AN ORDINANCE to appropriate funding for the Department of Social Services and to provide approval of five additional positions for child welfare, amending and reordaining certain sections of the 2005-2006 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 69, Page 494.) Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 37114-070505. The motion was seconded by Council Member Dowe and adopted by the following vote: AYES: Council Members McDaniel, Cutler, Dowe, Fitzpatrick, Lea, and Mayor Harris .................................................................................................................. 6. NAYS:None ................................................................................................ O. (Council Member Wishneffwas absent.) DIRECTOR OF FINANCE: AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the Financial Report for the month of May 2005. (For full text, see report on file in the City Clerk's Office.) There being no questions or comments, without objection by Council, the Mayor advised that the Financial Report for the month of May would be received and filed. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: COMMITTEES-FLOOD REDUCTION/CONTROL: Council Member Cutler offered the following resolution abolishing the Flood Plain Committee: (#37115-070505) ARESOLUTION discontinuing and abolishing the Flood Plain Committee which was first appointed by a former Mayor on April 30, 1973, and expressing this Council's appreciation to the members for their services to the City. (For full text of Resolution, see Resolution Book No. 69, Page 495.) Council Member Cutler moved the adoption of Resolution No. 37115- 070505. The motion was seconded by Council Member McDaniel and adopted by the following vote: AYES: Council Members McDaniel, Cutler, Dowe, Fitzpatrick, Lea, and Mayor Harris .................................................................................................................. 6. NAYS: None ................................................................................................ 0. (Council Member Wishneffwas absent.) MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: COMMITTEES-CITY COUNCIL-FLOOD REDUCTION/CONTROL: Council Member Cutler commended the work of the City's Flood Plain Committee. PARKS AND RECREATION-CITY COUNCIL-CITY EMPLOYEES-ACTS OF ACKNOWLEDGEMENT: Council Member Cutler advised that the City of Roanoke has officially adopted the banks of the Roanoke River extending through the City of Roanoke as the maintenance responsibility of the City. He called attention to and commended an activity which occurred on Saturday, July 2, 2005, in which volunteers, primarily from the City's Parks and Recreation Department, assisted approximately 40 members of the Kiwanis Club of Roanoke in clean up efforts along the Roanoke River from Wasena Park to Carillon Roanoke Memorial Hospital. He noted that over six tons of trash were collected, and expressed appreciation to Steven Buschor, City Parks and Recreation Director, his Deputy for Park Maintenance, Gary Hegner, and other City employees who participated in the event. CITY COUNCIL-RAIL SERVICE: Council Member Cutler expressed appreciation to those persons responsible for the rail solutions initiative to encourage the Commonwealth of Virginia and the Federal Government to support the use of rail freight to supplement traffic on Interstate-81. 28 PARKS AND RECREATION-ACTS OF ACKNOWLEDGEMENT-CITY COUNCIL: Vice-Mayor Fitzpatrick expressed appreciation to the Kiwanis Club of Roanoke for their volunteer efforts to clean up debris along the banks of the Roanoke River on Saturday, July 2, 2005. PARKS AND RECREATION-ACTS OF ACKNOWLEDGEMENT-CITY COUNCIL-CITY EMPLOYEES: Vice-Mayor Fitzpatrick commended City staff for making aesthetic improvements along Wiley Drive through Smith Park and a small portion of the River's Edge Sports Complex, and asked that other areas of the City be addressed in the same manner. ACTS OF ACKNOWLEDGEMENT-CITY COUNCIL-CITY EMPLOYEES-FLOOD REDUCTION/CONTROL: Vice-Mayor Fitzpatrick commended City staff for their assistance in connection with rescue efforts and clean up activities as a result of the heavy rainfall that occurred in the City of Roanoke during the week of June 26, 2005, specifically in the Brandon Avenue/Franklin Road area. ACTS OF ACKNOWLEDGEMENT-CITY COUNCIL-YOUTH: Council Member Lea recognized and commended the attendance of several young people who were observing the City Council proceedings. 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. PARKS AND RECREATION-SWIMMING POOLS: Sarah Burns, 1925 Gayle Street, N. W., representing an organization called "Just Mills", requested reinstatement of the park that was previously located across from the Washington Park Swimming Pool. CITY EMPLOYEES: Angela Norman, 1731 Michael Street, N. W., appeared before Council as a citizen and as President of the Municipal Employees Association. She advised that it has been brought to the attention of the organization that recently a Caucasian employee with a high school diploma was promoted several times to reach the Director's level, earning in excess of over $80,000.00 a year, while an African-American employee with excellent evaluations, with over 25 years of job experience and the equivalent oftwoyears of college was denied promotional opportunities on four occasions within same department. She stated that employees who may not have a college degree have dedicated many years of service to the City of Roanoke in order to qualify for promotional opportunities; while college degrees are a valuable asset, the City's Affirmative Action Policy clearly states that experience is avalid substitute for education; and qualified senior employees will never be promoted if this policy is not enforced. She advised that local government provides many excellent services for citizens due to the efforts of long term and experienced City employees; "the good ole girl, good ole boy" network is applicable inside municipal government and strongly applicable within the ranks of the City of Roanoke; as a result of deals and decisions that are made behind closed doors, injustice occurs and legal cases result in misjudgment, regardless of the facts; and multiple violations have been allowed in hiring and promotional practices by Roanoke City government. Therefore, she stated that she has contacted the Department of Labor, the Department of Justice, and the Equal Opportunity Commission to investigate continual cover-ups. She advised that she has been a catalyst in the hiring of many minorities in Roanoke City government; as a result, retaliation is a form of discrimination, but the level of retaliation has not been strong enough to prevent her from holding the City Manager and the CityAdministration accountable to the City's established polices and procedures. She stated that the citizens of the City of Roanoke entrust the people they hire to do the right thing, but unless someone speaks out against injustice, employees will continue to be victims. HOUSING/AUTHORITY: Brenda Petty, 1925 Gayle Street, N. W., representing residents of Lincoln Villages, spoke in support of the installation of screen doors on the front of housing units. She called attention to the deteriorating condition of screen doors that were previously installed on back doors. ARMORY/STADIUM: Jim Fields, 17 Ridgecrest Road, Hardy, Virginia, advised that a previous resolution adopted by the Council states that Victory Stadium was constructed on the condition that the land on which it was built would be used solely for a stadium, armory or for recreational purposes. He pointed out that if Victory Stadium is demolished, the railroad would reclaim the property and donate the land to another party; therefore, he asked that the City of Roanoke uphold the provisions of the agreement and renovate Victory Stadium for use by future generations of Roanokers. CITY EMPLOYEES-YOUTH: Evelyn D. Bethel, 35 Patton Avenue, N. E., advised that the young people in the audience should be encouraged to become a part of the City's Youth Commission. She stated that Ms. Norman spoke on behalf of City employees who are members of the Roanoke City Municipal Employees Association and her concerns should be investigated and resolved. She called attention to other alleged instances of discrimination in hiring practices throughout the Roanoke Valley. COMPLAINTS-FIRE DEPARTMENT-HOUSING/AUTHORITY-CITY EMPLOYEES: Robert E. Gravely, 727 29th Street N. W., spoke with regard to inadequate response times by Fire/EMS personnel to older homes in the City of Roanoke, many of which have been allowed to deteriorate due to neglect by property owners; the need to update the City's antiquated pay scale; the need to take the necessary actions to prevent flooding throughout the City; the need to take appropriate actions to attract new businesses to the City; the need to increase the income level of the average citizen residing in the City of Roanoke with the ultimate goal of homeownership; and the need to correct discriminatory practices within the City's work force. COMPLAINTS-FIRE DEPARTMENT-CITY EMPLOYEES: Helen E. Davis, 35 Patton Avenue, N. E., requested an organizational chart containing the names and telephone numbers of City department managers and directors. She expressed concern with regard to the closing of fire stations in the predominantly northwest section of the City of Roanoke, and asked that Council use critical thinking and require the truth relative to issues that relate to northwest Roanoke. DIRECTOR OF FINANCE-CITY MARKET-REAL ESTATE VALUATION: Robert E. Craig, 701 12th Street, S.W., expressed concern with regard to the criteria for the comprehensive study of the City Market area and inquired as to costs associated with the study. He stated that placing the Director of Real Estate Valuation under the supervision of the Director of Finance gives the appearance of a conflict of interest. CITY MANAGER COMMENTS: NONE. At 3:30 p.m., the Mayor declared the Council meeting in recess and Council convened in Closed Session in the Council's Conference Room, Room 451, Noel C. Taylor Municipal Building. At 4:25 p.m., the Council meeting reconvened in the City Council Chamber, with all Members of the Council in attendance, except Council Member Wishneff, Mayor Harris presiding. COUNCIL: With respect to the Closed Meeting just concluded, Council Member Dowe moved that each Member ofCityCouncil certifytothe 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 McDaniel, Cutler, Dowe, Fitzpatrick, Lea, and Mayor Harris .................................................................................................................. 6. NAYS: None ................................................................................................ 0. (Council Member Wishneff was absent.) OATHS OF OFFICE-COMMITTEES-PERSONNEL DEPARTMENT: The Mayor advised that the terms of office of I. B. Heineman, Alma L. Lee, and Lylburn D. Moore as members of the Personnel and Employment Practices Commission, expired on June 30, 2005; whereupon, he opened the floor for nominations to fill the vacancies. Vice-Mayor Fitzpatrick placed in nomination the names of Martha P. Franklin, Letitia A. Smith and Curtis E. Mills. There being no further nominations, Ms. Franklin, Ms. Smith and Mr. Mills were appointed as members of the Personnel and Employment Practices Commission, for terms of three years each ending June 30, 2008, by the following vote: FOR MS. FRANKLIN, MS. SMITH AND MR. MILLS: Council Members McDaniel, Cutler, Dowe, Fitzpatrick, Lea, and Mayor Harris .................................................. 6. (Council Member Wishneffwas absent.) OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor advised that the terms of office of Robin Murphy-Kelso and Carl D. Cooper as members of the Roanoke Neighborhood Advocates expired on June 30, 2005; whereupon, he opened the floor for nominations to fill the vacancies. Vice-Mayor Fitzpatrick placed in nomination the name of Robin Murphy- Kelso. There being no further nominations, Ms. Murphy-Kelso was reappointed as a member of the Roanoke Neighborhood Advocates for a term ending June 30, 2008, by the following vote: FOR MS. MURPHY-KELSO: Council Members McDaniel, Cutler, Dowe, Fitzpatrick, Lea, and Mayor Harris ........................................................................ 6. (Council Member Wishneffwas absent.) OATHS OF OFFICE-COMMI"I-rEES-HOUSING/AUTHORITY: The Mayor advised that the term of office of Ben J. Fink as a Commissioner of the Roanoke Redevelopment and HousingAuthoritywillexpire on August 31,2005; whereupon, he opened the floor for nominations to fill the vacancy. Vice-Mayor Fitzpatrick placed in nomination the name of Ben J. Fink. There being no further nominations, Mr. Fink was reappointed as a Commissioner of the Roanoke Redevelopment and Housing Authority for a term ending August 31, 2009, by the following vote: FOR MR. FINK: Council Members McDaniel, Cutler, Dowe, Fitzpatrick, Lea, and Mayor Harris ................................................................................................. 6. (Council Member Wishneffwas absent.) DIRECTOR OF FINANCE-CITY CLERK-CITY A'I-rORNEY-CITY MANAGER-CITY EMPLOYEES-MUNICIPAL AUDITOR: Council Member Cutler offered the following ordinance establishing compensation for the City Manager, City Attorney, Director of Finance, Municipal Auditor, and City Clerk for the fiscal year beginning July 1, 2005: 32 (#37116-070505) AN ORDINANCE establishing compensation for the City Manager, City Attorney, Director of Finance, Municipal Auditor, and City Clerk for the fiscal year beginning July 1,2005; and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 69, Page 495.) Council Member Cutler moved the adoption of Ordinance No. 37116- 070505. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by the following vote: AYES: Council Members McDaniel, Cutler, Dowe, Fitzpatrick, Lea, and Mayor Harris .................................................................................................................. 6. NAYS: None ................................................................................................ 0. (Council Member Wishneffwas absent.) There being no further business, the Mayor declared the meeting adjourned at 4:30 p.m. ATTEST: APPROVED Mary F. Parker City Clerk C. Nelson Harris Mayor 33 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 August 15, 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, Beverly T. Fitzpatrick, Jr. Vice-Mayor BTFJr:snh 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 August 15, 2005 The Honorable Mayor and Members of City Council Roanoke, Virginia Subject: Request for closed meeting Dear Mayor Harris and Council Members: This is to request that City Council convene aclosed meeting to discuss the disposition of publicly-owned property, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to §2.2-3711.A.3, Code of Virginia (1950), as amended. Sincerely, DLB/s CC: William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Mary F. Parker, City Clerk CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com August 15, 2005 The Honorable Mayor and Members of City Council Roanoke, Virginia Subject: Request for closed meeting Dear Mayor Harris and Council Members: This is to request that City Council convene 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. O.arlene L. Bflrcham C~ty Manag (~ DLB/s cc: William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Mary F. Parker, City Clerk CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com August 15, 2005 The Honorable Mayor and Members of City Council Roanoke, Virginia Subject: Request for closed meeting Dear Mayor Harris and Council Members: This is to request that City Council convene aclosed meeting to discuss the award of a public contract involving the expenditure of public funds and discussion of the terms or scope of such contract, where discussion in open session would adversely affect the bargaining position or negotiating strategy of the City, pursuant to §2.2-3711.A.3, of the Code of Virginia(1950), as amended. Sincerely, DLB/s CC: William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Mary F. Parker, City Clerk MARY F. PARKER, CMC City Clark CITY OF ROANOKF, OFFICE OF CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, Virginia 24011-1536 T¢lcphona: (540) 853-2541 F~x: (540) 853-1145 E-mall: clerk~cl.roanoka.va.us STEPHAN1E M, MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk August 15, 2005 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Harris and Members of Council: I am advised that Mark C. McConnel has submitted his resignation as a member of the Roanoke Arts Commission. With kindest personal regards, I am Sincerely, Mary F. Parker, CMC City Clerk MFP:sm ROANOKE RETIREMENT ADMINISTRATION Noel C. Taylor Municipal Building 2~5 Church Avenue, SW, Room Roanoke, Virginia 24o~z 540.853.2062 fax: 540.853.6142 August15,2005 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 Council: Attached for your review is a summary of the Roanoke Pension Plan Board of Trustees' activities for the time period July 1,2004 through June 30, 2005. The written minutes of each Board of Trustees meeting are located in the office of the Retirement Administrator, Andrea F. Trent. On behalf of the appointed members of the Board of Trustees, we would like to take this occasion to thank City Council for the opportunity to be of service to our City. Sincerely, David C. Key Chairman DCK:ca Attachment C: Mary F. Parker, City Clerk Board of Trustees, City of Roanoke Pension Plan AnnualRepo~ City of Roanoke Pension Plan Board of Trustees June 30,2005 There were four meetings scheduled during the above referenced time period. July 21, 2004 Meeting Members present: David C. Key Jesse A. Hall George F. Taylor Donna S. Johnson Efren T. Gonzalez Darlene L. Burcham Anthony P. Wallace Michael W. Hanks Members absent: Mayor C. Nelson Harris The Board approved: · 4 retirement from Employees' Retirement System (ERS); and · 20 retirements from Employee's Supplemental Retirement System (ESRS), The Board approved: · 2 non-occupational disabilities from ESRS. The Board denied: · 1 non-occupational disability from ESRS. The Board tabled: · 1 non-occupational disability from ERS until further information can be obtained. The Board approved revisions to an Administrative Policy relating to the Appeal Process of denied occupational and/or non-occupational applications as well as the submission of dual applications while waiting on a decision from the Board regarding the disability. Fiduciary Capital Advisors' quarterly investment update was presented by Mr. Key. A 2.1% Cost-of-Living Adjustment was approved by City Council for FY 2004-2005. October 13, 2004 Meeting Members present: David C. Key Donna S. Johnson Efren T. Gonzalez Jesse A. Hall Anthony P. Wallace Michael W. Hanks George F. Taylor Members absent: Mayor C. Nelson Harris Darlene L. Burcham The Board approved: · 10 retirements from ERS; · 42 retirements from ESRS; · 1 non-occupational disability from ESRS; and · 3 retiree deaths with application for spousal allowances. The Board denied: · 1 non-occupational disability from ERS. Fiduciary Capital Advisors' quarterly investment update was presented by Mr. Key. Bill Dowd, of Palmer & Cay Consulting Group, attended the meeting to present the results of the 2004 Actuarial Valuation. January 12, 2005 Meeting Members present: David C. Key Efren T. Gonzalez Darlene L. Burcham Jesse A. Hall George F. Taylor Anthony P. Wallace Members absent: Mayor C. Nelson Harris Donna S. Johnson Michael W. Hanks The Board approved: · 6 retirements from ESRS; · 1 non-occupational disability from ESRS; and · 1 retiree death with application for spousal allowance. The Board denied: · 1 occupational disability from ERS; and · 1 non-occupational disability from ESRS. Fiduciary Capital Advisors' quarterly investment update was presented by Mr. Key. The Board received a copy of the Auditor's Report and a copy of the Pension Plan Comprehensive Annual Financial Report. It was noted that the Pension Plan received a "clean opinion" from the KPMG, the Auditors. April 13, 2005 Meeting Members present: David C. Key Efren T. Gonzalez Donna S Johnson Darlene L. Burcham Jesse A. Hall Michael W. Hanks Anthony P. Wallace Members absent: Mayor C. Nelson Harris George F. Taylor The Board approved: · 1 retirement from ERS; · 16 retirements from ESRS; · 2 non-occupational disabilities from ESRS; and · 3 retiree deaths with application for spousal allowances. The Board denied: · 3 non-occupational disabilities from ESRS; 1 occupational disability from ESRS; and · 1 occupational/non-occupationaldisability from ESRS, The Board tabled: · 1 non-occupational disability from ESRS pending receipt of additional documentation. Fiduciary Capital Advisors' quarterly investment update was presented by Mr. Key. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk August 18, 2005 File #110-323 Stanley G. Breakell, Chair Roanoke Public Library Board 3256 Allendale Street, S. W. Roanoke, Virginia 24014 Dear Mr. Breakell: This is to advise you that Anne E. Caldwell has qualified to fill the unexpired term of Samuel G. Oakey, III, resigned, ending June 30, 2006; and Susan Koch has qualified for a term ending June 30, 2008, as members of the Roanoke Public Library Board. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew pc: Sheila S. Umberger, Acting Director, Roanoke City Libraries K:~ath and lea~ng sen~ce~roa public libra~ board~Anne E. Cald'.,~ll Susan Kcch 05 qualification.doc Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Anne E. Caldwell, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Public Library Board, to fill the unexpired term of Samuel G. Oakey, III, ending June 30, 2006, according to the best of my ability (So help me God). Subscribed and sworn to before me this / day of ~l~:r~"~200S. BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT K:\oath and leaving serviceXroa public library board~Anne E Caldwell oath05.doc Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Susan Koch, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Public Library Board, for a term ending June 30, 2008, according to the best of my ability (So help me God). Subscribed and sworn to before me this \ day of~2OO5. BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT K:\oath and leaving serviceh'oa public library board\Susan Koch oath05.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 August :[7, 2005 File #15-110-202 William C. Holland, Chair Personnel and Employment Practices Commission 1450 Forest Park Boulevard, N. W. Roanoke, Virginia 24017 Dear Mr. Holland: This is to advise you that Martha P. Franklin has qualified as a member of the Personnel and Employment Practices Commission, for a term ending June 30, 2008. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew pc: Stephanie M. Moon, CMC, Deputy City Clerk Barry K. Agnew, Acting Secretary, Personnel and Employment Practices Commission Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Martha P. Franklin, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Personnel and Employment Practices Commission, for a term ending June 30, 2008, according to the best of my ability (So help me God). Subscribed and sworn to before me this ~ day of /~'~2005. BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT K:\oath and leaving service\personnel and employment practices commission~martha p franklin oath.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 August 17, 2005 File #15-67~110 Nicole Ashby, Secretary Mill Mountain Advisory Committee Roanoke, Virginia Dear Ms. Ashby: This is to advise you that Steven Higgs has qualified as a member of the Mill Mountain Advisory Committee, for a term ending June 30, 2008. Mary F. Parker, CMC City Clerk MFP:ew pc: Stephanie M. Moon, CMC, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Steven Higgs, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Mill Mountain Advisory Committee, for a term ending June 30, 2008, according to the best °f my ability (S° help me G°d)' I ~~/~~_.. 2005. BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT K:\oath and leaving service~Vlill Mountain Advisory Committee~Steven Higgs oath05.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 August 17, 2005 File #15-110-448 Sandra B. Kelly, Vice-Chair Roanoke Neighborhood Advocates 123.6 Sylvan Road, S. E. Roanoke, Virginia 24014 Dear Ms. Kelly: This is to advise you that Robin Murphy-Kelso has qualified as a member of the Roanoke Neighborhood Advocates, for a term ending June 30, 2008. Sincerely, Ma/~ F. Pa~r er,/~MC City Clerk MFP:ew pc: Robert A. Clement, Jr., Neighborhood Services Coordinator, Neighborhood Partnership Stephanie M. Moon, CMC, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Robin Murphy-Kelso do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Neighborhood Advocates, for a term ending June 30, 2008, according to the best of my ability (So help me God). Subscribed and sworn to before me this~_~, day of 2005. BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT K:\oath and leaving servic¢~.oanoke Neighborhood Advocates\Robyin Murphy Kelso oath.doc MARY E PARKER, CMC City Clerk CITY OF ROANOKE OFFICE-OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vkginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ ci.roanoke.va.us August 17, 2005 FiFe #110-543 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Thomas A. Wood, Secretary Towing Advisory Board 2020 Mt. View Road Vinton, Virginia 241 79 Dear Mr. Wood: This is to advise you that Thomas W. Ruff has qualified as a member of the Towing Advisory Board, for a term ending June 30, 2006. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew pc: Stephanie M. Moon, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Thomas W. Ruff, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Towing Advisory Board, for a term ending June 30, 2006, according to the best of my ability (So help me God). Subscribed and sworn to before me this I~day of ~t~-2005. BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT BY ~~ , DEPUTY CLERK K:\oath and leaving service\Towing Advisory Board\T~omas W Ruff oath05.doc CITY OF RO 4NOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanle M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk August 18, 2005 File #15-110-304 Marion A. Vaughn-Howard, Secretary Youth Services Citizen Board Roanoke, Virginia Dear Ms. Howard: This is to advise you that Abbi Fitzpatrick and James H. Smith, have qualified as members of the Youth Services Citizen Board for terms ending May 31, 2008. Mary F. Parker, CMC City Clerk MFP:ew pc: Stephanie M. Moon, CMC, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Abbi Fitzpatrick, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Youth Services Citizen Board, for a term ending May 31, 2008, according to the best of my ability (So help me God). Subscribed and sworn to before me this _,~day of~ 2005. BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT BY , DEPUTY CLERK C:WIY FILES~DOCUMENTSWITZPATRICK.OATH.DOC Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, James H. Smith, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Youth Services Citizen Board, for a term ending May 31,2008, according to the best of my ability (So help me God). / Subscribed and sworn to before me this . day of ~=~005. BRENDA L. HAMILTON, CLERK Of THE CIRCUIT COURT C:\MY FILES\DOCUMENTS\SMITH.OATH.DOC CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com August15,2005 The Honorable Mayor and Members of City Council Roanoke, Virginia Subject: Request for closed meeting Dear Mayor Harris and Council Members: This is to request that City Council convene aclosed meeting to discuss the disposition of publicly-owned property, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to §2.2-3711.A.3, Code of Virginia (1950), as amended. Darlene L. Bu/~/cham City Manage~/ DLB/s C: William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Mary F. Parker, City Clerk CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com August 15, 2005 Honorable C. Nelson Harris, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Harris and Members of Council: Subject: Fair Housing Board Annual Report This is to request space on Council's agenda for a 15 minute presentation on the above referenced subject. Respectfully submitted, City Manage~J DLB:jb C: City Clerk City Attorney Director of Finance WILLIAM M. HACKWORTH CITY OF ROANOKE OFFICE OF CITY ATi~ORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011 - 1595 TELEPHONE: 540-853 2431 FAX: 540-853-1221 EMAIL: cit yatty @ci.roanoke.va.u s TIMOTHY R. SPENCER STEVEN J. TALEVI GARY E. TEGENKAMP DAVID L. COLLINS HEATHER P. FERGUSON ASS[ STANT CITY ATTORNEY S September 1, 2005 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Housing Complaint Dear Mayor Harris and Members of Council: During Council's meeting of August 15, 2005, I was asked to ascertain the status of complaints of housing discrimination involving a Mr. Bill White filed with the U.S. Department of Housing and Urban Development (HUD). My office has spent the past two weeks trying to ascertain the status of the complaints. What we have found is that HUD has referred the complaints to the U.S. Department of Justice for investigation. The Justice Department will not comment on the matter, citing Federal regulations. We have asked to be notified when the Department resolves the matters or takes some action with regard to them. I will let you know when we hear from the Department. With kindest personal regards, I am Sincerelyyours, William M. Hackworth City Attomey WMH/lsc Enclosure c: Da/Sene L. Burcham, City Manager ,,Nfary F. Parker, City Clerk The City of Roanoke's Fair Housing Board 2004-2005 Report to Council Presented by Chair Nancy Canova 15 August 2005 Fair Housing and Fair Lending Laws are in place to provide the protected classes with equal access to rental property, home ownership, mortgage loans and insurance policies. The Fair Housing Board is dedicated to safeguarding the options and choices of these protected classes who live in, or want to live in, the City of Roanoke. City Council has charged the Fair Housing Board with the responsibility of educating the general public and the housing industry about the Fair Housing Laws. To accomplish this effectively, the Board required a more detailed picture of equal housing opportunity in the City. Since the City had no record of receipt of housing complaints, the Board proposed to collect complaints through community agencies and groups whose natural constituencies were among the protected classes. The Board provided training in Fair Housing laws to 19 community agencies and groups who agreed to report to the Board any incidents of housing discrimination that affected their clientele. From July 1,2004 to June 30, 2005, thirty-six (36) incidents of alleged housing discrimination were reported. The protected classes affected were race (16), handicap (16), familial status (3), and religion (1). Most of the incidents reported affected either race or handicap. Those incidents of race discrimination involved African-Americans in rental situations mostly in the northwest section of the city. Two of the incidents were in southeast Roanoke. Three incidents involving African-Americans in the southwest section of the city were referred by HUD to the US Department of Justice. Interestingly, at least two of the race discrimination cases involved whites who wished to purchase a home in the city, but were being steered to the county. Racial steering restricts choices and is against HUD regulations. The Fair Housing Board has monitored housing industry advertisements for display of the Fair Housing or Fair Lending Iogos. While display of the logo does not guarantee non- discrimination, their conspicuous presence in housing advertisements will certainly suggest the advertiser's recognition of the federal and of the Virginia fair housing laws, and one's desire to be in compliance with same. There is inconsistency within the housing industry on use of the Iogos in advertising and signs. The Fair Housing Board commends the Roanoke Valley Apartment Association for actively supporting fair housing through its advertising policy. In the publications associated with the RVAA, Guide to Apartment and Retirement Communities and The Apartment Finder, all real estate advertisements display the Fair Housing logo. On the other hand, Homes Plus, published by The Roanoke Times in cooperation with the Roanoke Valley Association of Realtors is more laissez faire in its approach to advertising. The RVAR's leadership has declined to require or encourage REALTORS to include Fair Housing logo in all ads, regardless of the Publisher's notice, although they asked that an article be included in the next available newsletter reminding its members of the proper usage of fair housing Iogos in all advertisements. The Roanoke Times, the only daily newspaper in the Valley, continues to accept advertisements from the housing industry that do not display the Equal Housing Opportunity or Equal Lending Opportunity Iogos. This year the Fair Housing Board became a visible part of the City's web site in an effort to raise awareness of Fair Housing Law. Located under Neighborhood Services, the Fair Housing Board information is easy to access. The site includes the 8oard's activities, publications, complaint form and connections to the State Fair Housing Office web site. First printed in April 2004, the Fair Housing Board distributed 2000 copies of its booklet, Fair Housinq: What You Need to Know, through libraries, community agencies and groups, workshops, and Housing and Neighborhood events. A revised edition was published in April 2005 to include Housing Provider Certification requirements for those in the business of selling or renting dwellings, except those individuals who hold a valid license issued by the Virginia Real Estate Board. The Fair Housing Board especially wanted to provide information to hobby landlords or hobby real estate investors, who receive their livelihood from other sources and who, because they do not identify with the industry or belong to the trade associations, may not be aware of the Fair Housing law. In celebration of Fair Housing Month this past April, the Fair Housing Board sponsored a Housing Fair at Valley View Mall to provide information to the general public. There were ! 8 participants from the housing industry, including Realtors, lenders, insurance agents, non-profit developers, and community agencies and groups which provided many diverse networking opportunities. The Fair Housing Board's booth displayed two HUD video spots on discrimination. Realtor trainers in attendance have asked for a copy of the videos for use in their training sessions. The Fair Housing Board sponsored three workshops this year. Susan Scovill with Housing Opportunities Made Equal, Inc. (HOME), of Richmond presented the workshop on "Predatory Lending" which addressed the impact of these practices upon the community. The Board is grateful to Wachovia Bank for its support of this workshop. Susan Scovill of HOME, Inc. also presented a workshop on Fair Housing law to community agencies and groups. A follow-up workshop to an expanded number of community agencies was presented with the support of TAP. The Fair Housing Board was pleased to support Total Action Against Poverty's application for a HUD grant to work with the Fair Housing Board to reach out into the community. Their application cited special interest in providing Spanish-speaking capability to the Board. Being able to reach a broader audience will help the Board begin to meet the needs of Roanoke's multicultural population. Although the Fair Housing Board sees that housing discrimination exists in the City of Roanoke, it is hopeful about being able to address the issues through education and the relationships that it is developing with the housing and community agencies. Fair Housing Video/Radio Spots - Council Meeting 8/15/05 Radio Spot 1. Answering Machine: Hi you've reached the Johnson's we're not available to take your call. IF you're calling about the apartment for rent, please leave your name and number after the beeb and someone will get back to you. BEEP Sanjay: Hi my name is Sanjay Rana, I would like to make an appointment to see the apartment. BEEP Robin: Oh hi, this is Robin DiPaola and I'm calling about the apartment please give me a call back at BEEP Rafael: Hi, hello this is Rafael Paedes, please call me back at 718... BEEP Jeannie: This is Jeannie Chu, I'd like to talk to you about the apartment, if you can please call me back... BEEP Clayton: Hello my name's Clayton Anderson, I'm calling about the ad in the Sunday paper... Mrs. Johnson -(phone picks up)"Oh hello, this is Mrs. Johnson, you must be calling about the apartment" Clayton "1 am - is it still available?" Mrs. Johnson - "Well, you're the first person to call about it. Are you available... Anncr: Housing Discrimination of all kinds is illegal in the US. If you think you've been a victim because of your race, color, national origin, sex, religion, disability or family status, call 800-669-9777 or visit fairhousinglaw.org Fair Housing. It's not an option. It's the law. Brought to you by HUD, the Ad Council and LCCREF Video 1 Man: Let's play a game. Let's pretend, for a moment, you own an apartment building and I want to rent from you. I have a steady job, I make a good salary and have good credit history. Would you rent your place to me? How about now? Do you still like me, or have your opinions changed? What if I have an accent, or a last name that sounds foreign? What if i have a disability. What if i'm a single parent? Would you steer me away? Would you close the door? Would you? Anncr: The Fair Housing Act protects your right to live where you want, no matter what your race, color, national origin, sex, religion, disability or family status. If you think you've been discriminated against, call us. Fair Housing. It's not an option. It's the law. Radio Spot 2 Female: The Daily Tribune Classified Section. May I help you? Male: I'd like to place an ad for an apartment I'll be renting out. Female: Okay. How should the ad read? Male: (Dictating) Ah, sunny one bedroom, 850 square feet, modern kitchen, hardwood floors, $1000/month rent. Available immediately.., unless you're African American, Hispanic, Asian, Middle Eastern, Indian, or a member of any other minority group. Female: OK Male: Ah Apartment is also unavailable if you are female, have children, a disability, or believe in a non traditional religion. Female: Anything else sir? Male: Oh yeah. Can we add that pets are okay? Female: Certainly. Anncr: Unfortunately, housing discrimination isn't always this obvious. If you think you've been a victim because of your race, color, national origin, sex, religion, disability or family status, call 800- 669-9777, or visit fairhousinglaw.org Fair housing. It's not an option. It's the law. Video 2 Man: Can I ask a few questions about the apartment on Park Street? Phone voice: What was your name? Man: My name? Ah, my name is Juan Hernandez. Phone Voice: its been rented Man: Hello, my name is Sanjay Kumar. I am calling about the apartment on Park Street. Phone voice: It just rented. Man: My name is Tyrone Washington and I'm calling about the apartment for rent on Park Street. Phone voice: It's not available Man: I use a wheelchair... Phone: It's gone Man: Hello, my name is Graham Wellington. I'm calling about the apartment for rent on Park Street. Is that still available? Phone voice: Yes it is. Man: Oh it is? Really? Anchor: Housing Discrimination is illegal. If you think you've been a victim, call us. Radio Spot 3 Man: Hello, I'm here to see the apartment. Man THOUGHT: (boy, this place is nice.) Landlord: Hi There! Landlord THOUGHT: (oh my goodness, he's black!) Man: How many square feet is it? Man THOUGHT: (oh, it's perfect, look at all that natural light!) Landlord: It's a thousand. Landlord THOUGHT: (I can't rent to him, he probably doesn't even have a job.) Man: Ah, what kind of deposit will you need? Man THOUGHT: (I can't wait to move in.) Landlord: Actually, well... Landlord THOUGHT: ((sigh) Go ahead, say it. He'll never know Man: Is there something wrong? Man THOUGHT: (What's going on here?) Landlord: Oh my, I forgot. This apartment's been rented. Landlord THOUGHT: ( There, that wasn't so bad.) Man: It has? Why are you showing it to me then? Man THOUGHT: (She's totally lying, I don't believe this.) Landlord: I'm terribly sorry, my mistake Landlord THOUGHT: (that was easy. He'll never know.) VO: Housing discrimination is illegal. If you think you've been a victim because of your race, color, national origin, sex, religion, disability or family status, call 800-669-9777 or visit fairhousinglaw.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 August18,2005 File #60-214-236 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 37144-08:[$05 appropriating $17,224.00 for the Scanning Project for the Clerk of the Circuit Court, 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, August 15, 2005, and is in full force and effect upon its passage. Sincerely, Marg F. Parker, CMC City Clerk MFP:ew Attachment pc: The Honorable Brenda L. Hamilton, Clerk of Circuit Court 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 15th day of Augdst, 2005. No. 37144-081505. AN ORDINANCE to appropriate funding for the Scanning Project for the Clerk of the Circuit Court, 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 mad and provide as follows: Appropriations Temporary Employee Wages FICA Revenues Scanning Project-Clerk of Circuit Court 035-410-9620-1004 16,000 035-410-9620-1120 1,224 035-410-9620-9620 17,224 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 August I 5, 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: Scanning Project CO05-0004 I concur with the recommendation from Brenda S. Hamilton, Clerk of Circuit Court, for the City of Roanoke, with respect to the subject reference above and recommend that City Council adopt the budget ordinance to establish a revenue estimate. Darlene L. B~cham City Manage~ DLB:sm C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance August 15, 2005 Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr. 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: SCANNING PROJECT Background: The Clerk of Circuit Court is responsible, by statute, for the recordation of legal instruments. These instruments include: Land Records, Marriage Licenses, Financing Statements, Assumed Names, Wills, and other Probate Records, and Law, Chancery and Criminal Orders. These records must be maintained and be available to the public. The Circuit Court Clerk's Office, for the City of Roanoke intends to begin a project, involving the scanning of certain older legal records maintained by the Clerk of Circuit Court and their incorporation into its existing optical imaging scanning and retrieval system. This will be done by using a temporary employee. Presently, these documents are tri-folded and stored in metal file cabinets in the Clerk's Vault. Due to the nature of these documents and their relevance to title searches they am physically handled and inspected daily. The excessive and continued manual inspections, have led to damage of the originals, misfiling, unavailability and loss of information, thereby necessitating a safer, easier and more efficient approach to their availability and storage. It is estimated that the completion of this project will take a minimum of six (6) months and cost $17,224. Funding is available from the Commonwealth of Virginia Compensation Board Technology Fund. In using a temporary employee, the Compensation Board requires the local jurisdiction to manage the funding. The Department of Management and Budget will manage the funding of the $17,224. Honorable Mayor and Members of City Council August 15, 2005 Page 2 Considerations: The approval of this project is imperative, so that the Cimuit Court Clerk's Office may provide both immediate public access for the inspection of these documents and to maintain the physical integrity and security of the original as mandated. Recommended Action: Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $17224 in the Grant Fund. Appropriate funding in the same amount into expenditure accounts to be established by the Director of Finance in the Grant Funds as noted below: Temporary Wages 035-410-9620-1004 $16,000 FICA 035-410-9620-1120 $1,224 BSH:jmh Respectively submitted, Br~lnda S. Hamilton Clei'k of Circuit Court CCi Darlene L. Burcham, 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 C005-00004 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC Stephania M. Moon, CMC City Clerk Deputy City Clerk Sheila N. Hartman Assistant City Clerk August17,2005 File #5-60-236 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 37145-081505 appropriating funds for the Regional Drug Prosecutor Grant, 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, August 15, 2005, and is in full force and effect upon its passage. Mary F. Parker, CMC City Clerk MFP:ew Attachment pc: The Honorable Donald S. Caldwell, Commonwealth's Attorney 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 15t~ day of August, 2005. No. 37145-081505. AN ORDINANCE to appropriate funding for the Regional Drug Prosecutor Grant, 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: Grant Fund Appropriations Regular Employee Salaries ICMA - Retirement ICMA Match FICA Medical Insurance Dental Insurance Disability Insurance Telephone Administrative Supplies Dues and Memberships Postage Training and Development Other Rental Revenues Regional Drug Prosecutor FY06-Comp Board Regional Drug Prosecutor FY06-Local Match 035-150-5138-1002 78,251 035-150-5138-1105 10,031 035-150-5138-1115 1,300 035-150-5138-1120 6,086 035-150-5138-1125 7,080 035-150-5138-1126 469 035-150-5138-1131 20 035-150-5138-2020 2,000 035-150-5138-2030 3,257 035-150-5138-2042 400 035-150-5138-2160 500 035-150-5138-2044 1,000 035-150-5138-3075 9,000 035-150-5138-5113 91,494 035-150-5138-5114 27,900 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. 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 August 18, 2005 File #5-60-236 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. gurcham: I am attaching copy of Resolution No. 37146-081505 authorizing the acceptance of funding for the regional drug prosecutor's office from the Compensation Board of the Commonwealth of Virginia and authorizing the acceptance, execution and filing of appropriate documents to obtain such funds, in the total amount of $91,494.00 for the period of June 22, 2005 through June 30, 2006. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 15, 2005. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment pc: The Honorable Donald S. Caldwell, Commonwealth's Attorney 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 15th day of August, 2005. No. 37146-081505. A RESOLUTION authorizing the acceptance of funding for the regional drug prosecutor's office from the Compensation Board of the Commonwealth of Virginia and authorizing the acceptance, execution and filing of appropriate documents to obtain such funds. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the funding for the regional drug prosecutor's office in the total amount of $91,494.00 from the Compensation Board of the Commonwealth of Virginia for the period of June 22, 2005 through June 30, 2006. 2. The City Manager is hereby authorized to accept, execute and file on behalf of the City of Roanoke any and all documents required to obtain such funding. All such documents to be approved as to form by the City Attorney. 3. The local share for Fiscal Year 2005-2006 shall be in the amount of $27,900.00. 4. The City Manager is further directed to furnish such additional information as may be required in connection with the acceptance of the foregoing funding or with such project. City Clerk CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com August 15, 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: Funding for Drug Prosecutor COO5-OOO3 I concur with the recommendation from Donald Caldwell, Commonwealth Attorney, for the City of Roanoke, with respect to the subject reference above and recommend that City Council adopt the funding from the Compensation Board Sincerely, City Manager DLB:sm C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance DONALD S. CALDWELL COMMONWEALTH'S ATTORNEY GoHHONWEALT + OF Vi G N & CITY OF ROANOK[ OFFICE OF THE COMMONWEALTH'S ATTORNEY 315 CHURCH AVENUE ROANOKE, VIRGINIA 24016 AREA CODE 5,40 TEL. NO. 653-2626 FAX 853 1201 August 15, 2005 Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable Dr. M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Acceptance of Funding for Drug Prosecutor Federal funding was made available to the State of Virginia to be used for the development of several Multi-Jurisdictional Special Drug Prosecutors statewide. The positions were developed to coordinate prosecutorial efforts among independent jurisdictions, reduce fractional and duplicate prosecutions, enhance the recovery of criminal assets, utilize federal, state and local resources to assure maximum prosecutorial effectiveness and to provide specialized prosecutorial resources to the regional drug enforcement effort. The Commonwealth's Attorneys of Craig County, Franklin County, Roanoke County, and the Cities of Roanoke and Salem applied on October 9, 1987, to the Commonwealth's Attorneys' Services Council, the State agency responsible for the administration of the grant money to fund a Multi-Jurisdictional Special Drug Prosecutor. City Council accepted the Multi-Jurisdictional Special Drug Prosecutor Grant in April, 1988, and a full-time Special Drug Prosecutor was hired in July, 1988. Annual re-application for this funding is required. On April 15, 1994, funding for the Drug Prosecutor's Office was transferred from the Commonwealth's Attorneys' Services Council to the Compensation Board. The Compensation Board approved funding for the Drug Prosecutor in the amount of $91,494 on June 22, 2005, and funding will continue through June 30, 2006. The local match is $27,900 for a total of $119,394. Funding for the local share is available in General Fund - Transfer to Grant Fund (account number 001-250-9310-9535). Honorable Mayor and Members of Council August 15, 2005 Page 2 Recommended Action(s): Accept funding from the Compensation Board in the amount of $91,494 with the City providing local match funding in the amount of $27~900. Authorize the City Manager to execute the requisite documents to obtain the funding from the Compensation Board. All such documents shall be reviewed and approved as to form by the City Attorney. Appropriate $91,494 in state grant funds (see attachment 1) and establish a corresponding revenue estimate in accounts established by the Director of Finance in the Grant Fund. Transfer $27,900 from the General Fund Transfer to Grant Fund account (001-250-9310-9535) to the Grant Fund account created above and approl~riate according to attachment 1. DSC:jf Attachment C: Respectfully submitted, Donald S. Caldwe!l Roanoke City Commonwealth's Attorney Darlene L. Burcham, City Manager Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sherman M. Stovall, Director of Management and Budget 1002 1105 1115 1120 1125 1126 1130 1131 2020 2030 2042 2160 2044 3075 Attachment 1 Program Accounts Regular Employee Salaries ICMA - Retirement ICMA - Match FICA Medical Insurance Dental Insurance Life Insurance Disability Insurance Telephone Administrative Supplies Dues & Membership Postage Training & Development Other Rental TOTAL $78,251 $10,031 $ 1,300 $ 6,086 $ 7,080 $ 469 $ 0 $ 20 $ 2,000 $ 3,257 $ 400 $ 50O $ 1,o00 $ 9,000 $119,394 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 August 1B, 2005 File #60-188-236 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 37147-081505 establishing the State Homeland Security Grant, 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, August 15, 2005, and is in full force and effect upon its passage. Sincerely,~ ~, ~4~ Mary F. Pa~rker', CMC City Clerk MFP:ew Attachment Pc; Darlene L. Burcham, City Manager James Grigsby, Acting Assistant City Manager for Operations Sherman M. Stovall, Director, Office of Management and Budget Paul J. Truntich, Jr., Environmental Administrator Joseph Coyle, Coordinator of Emergency Management Frank E. Baratta, Budget Team Leader IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of August, 2005. No. 37147-081505. AN ORDINANCE to establish the State Homeland Security Grant, 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 Supplies- Grant - Fire EMS 035-520-3527-3032 $ 32,000 Supplies- Grant ~ Police 035-520-3527-3033 65,667 Revenues State Homeland Security FY06 035-520-3527-3528 97,667 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC Stephanie M. Moon, CMC City Clerk Deputy City Clerk Sheila N. Hartman Assistant City Clerk August18,2005 File #60-188-236 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 37148-081505 authorizing acceptance of the 2005 U. S. Department of Homeland Security Grant from the Virginia Department of Emergency Management to obtain federal funds under the State Homeland Security Grant Program administered by the Office of Domestic Preparedness, in the amount of $97,667.00, authorizing the execution of any required documentation by the City Manager 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, August 15, 2005. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment pc; Jesse A. Hall, Director of Finance James Grigsby, Acting Assistant City Manager for Operations Sherman M. Stovall, Director, Office of Management and Budget Paul J. Truntich, Jr., Environmental Administrator Joseph Coyle, Coordinator of Emergency Management Frank E. Baratta, Budget Team Leader IN THE COUNCIL OF THE CITYOF ROANOKE, VIRGINIA The 15th day of August, 2005. No. 37148-081505. A RESOLUTION authorizing the acceptance of the 2005 U. S. Department of Homeland Security Grant from the Virginia Department of Emergency Management to obtain federal funds under the State Homeland Security Grant Program administered by the Office of Domestic Preparedness and authorizing the execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke, a public entity established under the laws of the Commonwealth of Virginia, does hereby authorize its City Manager to execute an application and file it in the appropriate state office for the purpose of obtaining certain federal financial assistance from the Virginia Department of Emergency Management, such grant being more particularly described in the letter of the City Manager dated August 15, 2005, upon all the terms, provisions and conditions relating to such application. 2. Following application and any award of the Grant, the City of Roanoke authorizes its City Manager to accept the Grant from the Virginia Department of Emergency Management in the amount of $97,667.00, upon all the terms, provisions and conditions relating to the receipt of such funds. 3. The City Manager and the City Clerk, are hereby authorized to execute, and attest, respectively, the grant application, the grant agreement, and any other necessary documents and to provide all documents or information to the appropriate K:Wleasures~Homeland Security Grant 2005.doc 1 agencies with regard to all matters pertaining to such Federal financial assistance and any and all information pertaining to this Grant as may be requested. All such documents to be approved as to form by the City Attorney. ATTEST:~ ~ '~' City Clerk K:Vvleasures~lomeland Security Grant 2005.doc 2 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 August15,2005 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: State Homeland Security Grant Background: The Virginia Department of Emergency Management has announced the allocation of the 2005 U.S. Department of Homeland Security (DHS), State Homeland Security Program Grant. This grant is designed to provide equipment, training, planning and exercises for first responders to develop better preparedness to prevent, respond and recover from potential acts of terrorism. The City of Roanoke has been allocated a total of $97,667 under this grant. This amount is based upon a formula that provided $15,000 plus $0.87 per capita to our locality. Funding will be made available upon review of the budget detail listing and approval by the Virginia Department of Emergency Management. Considerations: This funding, which requires no local match, must be used according to the requirements specified by the Department of Homeland Security. The 2004 grant allows the expenditure of grant funds in four areas of need: Equipment Acquisition, Training, Planning, and Exercise. Equipment purchases must conform to the Office of Domestic Preparedness Authorized Equipment List. Mayor Harris and Members of City Council August 15, 2005 Page 2 Recommended Action: Authorize the City Manager to execute and the City Clerk to attest, respectively, on behalf of the City of Roanoke, any documentation required in connection with obtaining and accepting this State Homeland Security Grant above allocation in the amount indicated and to furnish such additional information and take such additional action as may be needed to implement and administer such grant funds and agreements, such documents to be approved as to form by the City Attorney. Appropriate funding of $97,667 to an account in the Grant Fund to be established by the Director of Finance. Authorize the Director of Finance to establish a revenue estimate of the same in the Grant Fund. Respectfully submitted, DLB:jac Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance James L. Grigsby, Assistant City Manager for Operations Paul Truntich, Administrator, Environmental and Emergency Management Joe Coyle, Coordinator of Emergency Management CM05-00115 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk August[8,2005 File #60-70-236 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 37149-081505 appropriating funds for the DFP Computer Service Grant, 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, August 15, 2005, and is in full force and effect upon its passage. Sincerely, MaW F. Parker, CMC City Clerk MFP:ew pc: Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Office of Management and Budget James Grigsby, Acting Assistant City Manager for Operations Frank E. Baratta, Budget Team Leader IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of August, 2005. No. 37149-081505. AN ORDINANCE appropriating funds for the DFP Computer Service Grant, 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: Grant Fund Appropriations Program Supplies 035-520-3250-2066 $ 5,772 Revenues DFP Computer Service Grant FY06 035-520-3250-3250 5,772 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC Stephanie M. Moon, CMC City Clerk Deputy City Clerk Sheila N. Hartman Assistant City Clerk August i8,2005 File #60-70-236 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 37150-081505 authorizing acceptance of a DFP Computer Services Grant from the Virginia Department of Fire Programs, in the amount of $5,772.00, and authorizing execution of any required documentation by the City Manager 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, August :[5, 2005. Mary F. Parker, CMC City Clerk MFP:ew Attachment pc; Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget James Grigsby, Acting Assistant City Manager for Operations Frank E. Baratta, Budget Team Leader IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of August, 2005. No. 37150-081505. A RESOLUTION authorizing the acceptance of a DFP Computer Services Grant from the Virginia Department of Fire Programs, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City &Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the Virginia Department of Fire Programs the DFP Computer Services Grant in the amount of $5,772.00, no local matching funds are required. Such grant being more particularly described in the letter of the City Manager, dated August 15, 2005. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents setting forth the conditions of the DFP Computer Services Grant, approved as to form by/he City Attorney, required in connection with the acceptance of such grant and to furnish such additional information as may be required by the Virginia Department of Fire Programs. City Clerk CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com August 15, 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: Grant Acceptance Background: On August 11, 2000, the Virginia Fire Services Board (VFSB) adopted a policy of providing grants, termed "Mini-Grants" from the interest earned by the Fire Programs Fund. The VFSB Committee on Fire Prevention and Control was charged with the responsibility of administering such programs in cooperation with the Virginia Department of Fire Programs (VDFP). A provision was adopted to restrict such grant activities - projects and programs which positively impact and/or further fire service training within the Commonwealth. The maximum award for any Mini-Grant is $10,000. In FY-01 the Mini-Grant's first award cycle, the Virginia Fire Services Board made 27 awards totaling over $100,000. The Virginia Department of Fire Programs recently announced that the Roanoke Fire-EMS Department has been awarded a $5,772 Department of Fire Prevention (DFP) "Mini-Grant". The total award package requires no local match. Considerations: The award will be used by the department for support of computer services at the Roanoke Valley Regional Training Center. With this grant the Training Center will be able to have wireless internet access to cover the entire training complex. With this access, instruction and training will be more effective and enhanced. Mayor Harris and Members of City Council August 15, 2005 Page 2 Recommended Action: Authorize acceptance of the grant award of $5,772, authorize the City Manager to execute the required grant agreement and any other related documents approved as to form by the City Attorney, and establish appropriate revenue and expenditure estimates in the Grant Fund in accounts to be established by the Director of Finance. DLB:tb C: Respectfully submitted, City Manager Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance James Grigsby, Acting Assistant City Manager, Operations CM05-0] 21 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanle M. Moon, CMC Deputy City Clerk Shella N. Hartman Assistant City Clerk August18,2005 File #24-27-468 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 37151-081505 amending and reordaining the Code of the City of Roanoke (1979), as amended, by adding a new Chapter 11.3, Stormwater DischarQe ReQuirements. providing'requirements for the discharge of stormwater to the City of Roanoke's storm sewer system, prohibiting the discharge of non-stormwater to the City's storm sewer system, with certain exceptions, prohibiting the connection of any sanitary sewer line to the City's storm sewer system, and providing penalties for violation of the above referenced chapter, effective September 1, 2005. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 15, 2005, and is in full force and effect upon its passage. Mary F. Parker, CMC City Clerk MFP:ew Attachment Darlene L. Burcham August 18, 2005 Page 2 pc: 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 Honorable Jacqueline F. Ward Talevi, Judge, General District Court The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Joseph M. Clarke, II,Judge,Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court 5heila N. Hartman, Assistant City Clerk, (For transmittal by electronic mail to Municipal Code Corporation) Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32316 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 Sherman M. Stovall, Director, Office of Management and Budget Rolanda B. Russell, Assistant City Manager for Community Development R. Brian Townsend, Director, Planning Building and Development Philip C. Schirmer, City Engineer Paul J. Truntich, Jr., Environmental Administrator IN THECOUNCILOFTHECITYOF ROANOKE, VIRGINIA The 15th day of August, 2005. No. 37151-081505. AN ORDINANCE amending and reordaining the Code of the City of Roanoke (1979), as mended, by adding a new Chapter 11.3, Stormwater Discharge Requirements.. providing requirements for the discharge of stormwater to the City of Roanoke's storm sewer system, prohibiting the discharge of non-stormwater to the City's storm sewer system, with certain exceptions, prohibiting the connection of any sanitary sewer line to the City's storm sewer system, and providing penalties for violation of this chapter; providing for an effective date; and dispensing with the second reading by title of this ordinance. WHEREAS, §10.1-603.3, Code of Virginia (1950), as amended, authorizes the City of Roanoke to adopt a local stormwater management program consistent with applicable regulations; the City's stormwater sewer system permit administered by the Virginia Department of Conservation and Recreation requires the adoption of provisions prohibiting certain discharges to a locality's storm sewer system and providing for enforcement of such prohibitions and of state law relating to such discharges; and the Charter of the City of Roanoke, Section 2 (31), authorizes the City to do those things necessary to promote or maintain the general welfare, comfort, and health of the City and its inhabitants; and WHEREAS, City Council finds that it is necessary to provide for the health, safety, and general welfare of the inhabitants of the City of Roanoke through the regulation of non- stormwater discharges to the City's storm sewer system, as required:bY federal and state law and to provide for monitoring, inspection, and enforcement thereof K:~Measures\ee~e amendment chnpta'l I ~ormwate~ Discharge.doe THEREFORE, BE 1T ORDAINED by the Council of the City of Roanoke as follows: 1. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to add a new Chapter 11.3, Stormwater Discharge Requirements, to read and provide as follows: CHAPTER 11.3 S TORMWA TER DISCHARGE REQ U1RE3,W_3~S Sec. l l.3-1. In General. The City of Roanoke finds that the uncontrolled discharge of pollutants to the City's storm sewer system has an adverse impact on the water quality of the receiving waters. Illicit discharges of substances other than stormwater could result in a significant source of pollutants to the City's storm sewer system. Amendments to the Federal Water Pollution Control Act, commonly known as the Clean Water Act, established the National Pollutant Discharge Elimination System (NPDES) Program, which requires permits for discharges from municipal storm sewer systems into the waters of the United States. The United States Environmental Protection Agency (EPA) has promulgated regulations implementing the NPDES program. Moreover, the EPA has authorized the Commonwealth of Virginia to issue NPDES permits under the Virginia Pollutant Discharge and Elimination System (VPDES) permit system. The VPDES regulations for stormwater discharges requires certain municipalities, including the City of Roanoke, to control the contribution of pollutants to its storm sewer system, to prohibit illicit discharges to its storm sewer system, and to inspect, monitor, and enforce the prohibitions of illicit discharges to its storm sewer system. Sec. 11.3-2. Intent and Purpose. The intent and purpose of this chapter is to promote thq pubfic health, safety, and welfare of persons in the City through the regulation of stormwater discharges to the City's storm sewer system and to prohibit the illicit discharge of non-stormwater to the City's storm sewer system, subject to certain exceptions. This chapter is also intended to prohibit illicit connections and illicit discharges to the City's storm sewer system, and to establish inspections and monitoring procedures to ensure compliance with this chapter. K:LMeasmes~aofle amendment ehap~'l 1 b~ormwat~r Discharge.doc 2 Sec. 11.3-3 Definitions. The following words and terms as used in this chapter shall have the following meanings, unless the context clear!y indicates otherwise: Best Management Practices (B3,~Ps) means the schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce pollutants from entering the storm sewer system or being improperly discharged from the storm sewer system. BMPs include, but are not limited to, treatment methods and practices to control the discharge of pollutants. Clean Water Act (CWA) means the federal Clean Water Act (33 USC 3~1251, et seq.), formerly referred to as the Federal Water Pollution Control Act. Director means the City of Roanoke Director of Public Worl~ or his/her designee. Discharge means to dispose, deposit, spill, pour, inject, dump, pump, leak, or place by any means, or that which is disposed, deposited, spilled, poured, injected, dumped, pumped, leaked, or placed by any means. Illicit Connection means any connections to the City's storm sewer system which are not authorized by the City, by a valid NPDES or VPDES permit, or as may otherwise be authorized by law. Illicit Discharge means any discharge to the storm sewer system or to the waters of the United States that is not composed entirely of stormwater, except discharges which are exempt pursuant to Section 11.3-4(3) of this chapter. Any discharge in violation of an NPDES or VPDES or other stormwater discharge permit shall constitute an illicit discharge. .Industn'al Wastes means any liquid or wastes resulting from any process of industry, manufacture, trade or business, or from the development of any natural resource. Inspection shall mean and include, but is not limited to, any on-site physical examination of all facilities and grounds which may discharge to a storm sewer system, a review of ail records on the operation and maintenance of facilities and the results of any monitoring performed for compliance with state, federal, and local regulations or permit requirements. Landscaping Chemicals means chemicals for maintaining lawns and landscapes including fertilizers, lime, and pesticides which include am~dmma cl~t ~'11 ~l~'mwat~' Di~has'ge.do~ herbicides, insecticides and fungicides, when used in accordance with the manufacturer's recommendations. National Pollutant Discharge Elimination System OVPDES) means the federal program for issuing, modi~ng, revoking, reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements under the CWA. Other [Yastes means wastes that can adversely affect waters of the United States when discharged into those waters, including, but not limited to, sewage, garbage, refuse, lime, fertilizer, ashes, offal, tar, paint, solvents, petroleum products, antifreeze, pesticides, and chemicals. Person means any individual firm, organization, lxzrtnership, association, organization or other entity, including governmental entities, or any combination thereof or any agent or employee of any such entity. Sanitar~ Sewer means a system of pipes, conduits, or other devices that collect and/or convey sanilary wastewater to a wastewater treatment or pumping facility. Storm Sewer System means all facilities, conveyances, structures, and other items located within the City of Roanoke and owned and/or operated by the City which are designed or used for collecting, storing, treating, or conveying stormwater or through which stormwater is collected, stored, treated or conveyed, including, but not limited to, roads, streets, catch basins, drop inlets, curbs, gutters, ditches, pipes, lakes, ponds, man-made channels, storm drains, outfalls, retention, detention and infiltration basins and other facilities. Stormwater means precipitation that is discharged across the land surface or through conveyances to one or more waterways and that may include stormwater runoff, snow melt runoff, and surface runoff and drainage. Virginia Pollutant Discharge Elimination SFstem (YPDES) means the program issued by the Commonwealth of Virginia for imposing and enforcing pretreatment requirements pursuant to the CW, d. Sec. 11.3-4 Prohibited Discharges or Connections to the Storm Sewer System. It shall be unlawful and a violation of this chc~pter to do any of the following, except as may be provided in subsection (b) below: Cause or allow any illicit discharges, including but not limited to the discharge of sewage, industrial wastes or other wastes, into the storm sewer system, or any K:gd~code amendment chal~rl 1 St~rmwa~er Discharge.dog 4 component thereof, or onto driveways, sidewalks, parking lots, or any other areas draining to the storm sewer system. Connect, or cause or allow to be connected, any sanitary sewer to the storm sewer system, including any unauthorized sanitary sewer connected to the storm sewer system as of the date of the adoption of this chapter. Connect, or cause or allow to be connected, to the storm sewer system, without a valid VPDES or NPDES permit, or unless otherwise authorized by low, any structure that conveys any Hquid or items other than stormwater or those discharges listed in subsection (3) below. Such illicit connections include, but are not limited to, pipes, drains, sanitary sewer lines, washing machine drains, or floor drains. Discharge any materials or items other than stormwater to the storm sewer system by spill, dumping, or disposal of any type without a valid federal and/or state permit or unless otherwise authorized by low. Throw, place, or deposit or cause to be thrown, placed, or deposited in the storm sewer system anything that impedes or interferes with the free flow of stormwater therein. Failure by any proper~y owner to notify the CiO' of Roanoke Director of Public Works of an illicit connection on or from such owner's propero' to the Cio''s storm sewer system. Violate any condition or provision of this chapter or any permit granted for stormwater discharges. To enter or swim in arty stormwater retention pond, storm sewer or drain, except that this shall not apply to any Cio' personnel or others authorized to perform work in such Subject to the provisions of subsection (c), the following activities shah not be unlowful or a violation of this chapter: Water line flushing; Landscape irrigation; Diverted stream flows or rising groundwater; Infiltration of uncontaminated groundwater; Pumping of uncontaminated groundwater; amendment cha!t~rl 1 8~ormwnter Dischnrge.do~ (6) Discharges from potable water sources, foundation drains, irrigation water, springs, water.from crawl spaces or footing drains; (7) Air conditioning condensation; (8) Lawn watering and maintenance with landscaping chemicals in accordance with the manufacturer's recommendations; (9) Residential car washing; (1 O) Dechlorinated swimming pool discharge; (11) Street, right-of-way, and storm system construction/maintenance activities employing BMPs. (12) Discharges or flows from emergency fire fighting activities and emergency response activities employing BMPs; or (13) Any activity authorized by a valid Virginia Stormwater Management Program permit (VSMP), a valid VPDES or NPDES permit or a valid Virginia Pollution Abatement (I/PA) permit, or as may otherwise be permitted by law. In the event any of the activities listed in subsection (3) above are found to cause pollutants to be discharged into the storm sewer system, the director shah so notify the person performing such activities, and shah order that such activities cease or be conducted in such a manner as to avoid the discharge of pollutants into the storm sewer system. The failure to comply with any such order shah constitute a violation of the provisions of this chapter. Sec. 11.3-5. Inspections andMonitoring. The director shall have the authority to carry out all inspections and monitoring procedures necessary to determine compliance and/or noncompliance with this chapter, and to enforce this chapter, including the prohibition of illicit discharges to the storm sewer system. The director may monitor stormwater ouOCalls or other components of the storm sewer system as may be cqapropriate in the administration and enforcement of this chapter. The director shall have the authority to require a stormwater pollution prevention plan from any person whose discharges cause or may cause a violation of the City's (YSMP) permit or any other permit required of the City relating to stormwater discharges. (c) The director and/or duly authorized employees, agents, or representatives of the City, bearing proper credentials and identification, shall be authorized to enter any public or private property at any reasonable time for the purpose of enforcing this chapter, including, but not limited to taking samples of discharges, inspecting monitoring equipment, inspecting and copying K:~Measures\code an~endment chapm'l 1 Stm~nwa~er Disch~'ge.doc documents relevant to the enforcement of this chapter, and such other items as may be deemed necessary for the enforcement of this chapter. The director shah have the authority to require catv person responsible for a discharge to the storm sewer system to document that such discharge meets and is in compliance with the requirements of this chapter. This includes, but is not limited to, the ability of the director to require such person to provide monitoring reports, test results to show that the discharge meets the requirements of this chapter, and such other matters as may be deemed necessary to show that such discharge is in compliance with the requirements of this chapter. The cost of any required documentation shah be the responsibility of the person responsible for the discharge. The failure of any person to comply with any of the requirements of this section shall constitute a violation of this chapter. 11.3-6. Enforcement of Chapter and Penalties. Any person who violates any of the provisions of this chapter shall be guilty ora Class I misdemeanor and upon conviction is subject to punishment by a fine of not more than two thousand five hundred dollars ($2,500. 00,) per violation per day and confinement in jail for not more than twelve (12) months, either or both. Each day during which a violation of this chapter occurs or continues shah be deemed a separate and distinct violation of this chapter. Any person who commits any of the acts prohibited by this chapter or violates any of the provisions of this chapter shall be liable to the City for ail costs of testing, containment, clearmp, abatement, removal, disposal, and any other related costs or expenses that the City may incur in connection with the enforcement of this chapter and/or the prohibition and/or correction of a violation of this chapter and/or the abatement of any illicit discharge to the storm sewer system. The director may bring legal action to enjoin a violation of this chapter and the existence of any other remedy shall be no defense to any such action. In addition to any of the remedies set forth above, the director may seek to impose, or have imposed by the appropriate authority, any K:XMeamams\co0~ ammudment chaptcrl I Stotmwat~ Discharge.doc 7 of the remedies provided for by 510.1-603.14, Code of Virginia (1950), as amended, which are incorporated herein by reference. In any court action that may result from enforcement of this chapter, a judge hearing the case may ch'rect the person responsible for the violation or the proper(y owner to correct the violation and each day that the violation continues shall constitute a separate violation of this chapter. Any person who knowingly makes any false statements, representations, or certifications in any record, report, or other document, either filed or requested pursuant to this chapter, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required or used by the director under this chapter in monitoring discharges, shall be guilty of a violation of this chapter. The remedies set forth in this section shall be cumulative, not exclusive, and it shah be no defense to any action that one or more of the remedies set forth in this section has been sought or granted Sec. 11. 3- 7. Compliance with other Laws and Regulations This chapter supplements the provisions of other federal, state, and Cio, lows, codes, ordinances, rules, and regulations and all applicable federal, state, and City laws, codes, ordinances, rules, and regulations shall be complied with as well as the provisions of this chapter. 2. This ordinance shall be in full force and effect on and after September 1, 2005. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is dispensed with. ATTEST city ~Clerk. K:~fea.~a-es~code amendn~nt chapt~'l 1 Ste~-mwater Discharge.doc 8 CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com August 15, 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: Virginia Pollutant Discharge Elimination System (VPDES) Stormwater Discharge Requirements Ordinance Dear Mayor Harris and Members of City Council: Background: The City of Roanoke operates under a VPDES permit for its municipal separate storm sewer system (MS4). Our permit requires many actions and activities that are set out in our registration statement submitted to the Virginia Department of Environmental Quality (DEQ) in 2003. One of our VPDES permit requirements is the development and adoption of a stormwater illicit discharge ordinance. The goal of this ordinance is to regulate stormwater discharges to the City's storm sewer system and to prohibit the illicit connection and discharge of non-stormwater to the City's storm sewer system. As mandated by the VPDES program, the City is required to control the contribution of pollutants to the storm sewer system, to prohibit illicit discharges and connections to the storm sewer system, and to provide for the inspection, monitoring and enforcement of the prohibitions of illicit discharges and connections to our storm sewer system. Elimination of illicit discharges and pollutants in our storm sewer system will have a positive impact on the water quality of waterways. Mayor Harris and Members of City Council August 15, 2005 Page 2 of 2 Considerations: To maintain compliance with our VPDES Stormwater Permit, adoption of a stormwater discharge requirements ordinance is required. In order to adopt a stormwater discharge requirements ordinance, the Code of the City of Roanoke (1979) needs to be amended to provide for such requirements. Attached is a proposed ordinance. Recommended Action: Amend the Code of the City of Roanoke (1979), as amended, by adding a new Chapter 11.3, Stormwater Discharge Requirements, by adopting the attached ordinance, which will be effective on and after September 1, 2005. Sincerely, Attachment C: William M. Hackworth, City Attorney Brian Townsend, Director of Planning, Building, and Development Philip C. Schirmer, City Engineer Paul Truntich, Environmental Administrator CM05-00122 DRAFT 8/3/05 IN THE COUNCIL OF THE CITY OF ROANOKE, V1RGINIA AN ORDINANCE amending and reordaining the Code of the City of Roanoke (1979), as amended, by adding a new Chapter 11.3, Stormwater Discharge Requirements, providing requirements for the discharge of stormwater to the City of Roanoke's storm sewer system, prohibiting the discharge of non-stormwater to the City's storm sewer system, with certain exceptions, prohibiting the connection of any sanitfi~¢b~wer line to the City's storm sewer system, and providing penalties for violation of this chapter; ~viding for an effective date; and dispensing with the second reading by title of this ordinance. WHEREAS, §10.1-603.3, Code of Virginia (1950), as amended, authorizes the City of Roanoke to adopt stormwater management program consistent with applicable regulations; the City's ~ys~em permit administered by the Virginia Department of Conservation and Recreati~ requires the adoption of provisions prohibiting certain discharges to a locality's storm sewer gystem and providing for enforcement of such prohibitions and of state law relating to such discharges; and the Charter of the City of Roanoke, Section 2 (31), authorizes the City to do those things necessary to promote or maintain the general welfare, comfort, and health of the City and its inhabitants; and WHEREAS, City Council finds that it is necessary to provide for the health, safety, and general welfare of the inhabitants of the City of Roanoke through the regulation of non- CADOCUME-I\CMSMI.000\LOCALS- l\Temp~notesFFF692\Code amendment chapterl I Stormwater Discharge (8 3 05).doc 1 stormwater discharges to the City's storm sewer system, as required by federal and state law and to provide for monitoring, inspection, and enforcement thereof. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to add a new Chapter 11.3, Stormwater Discharge Requirements, to read and provide as follows: CHAPTER 11.3 STO RMWA TER DISCHARGE REQUIREMENTS Sec. ll.3-1, ln General. The City of Roanoke finds that the uncontrol harge of pollutants to the City's storm sewer system has an advers~t on the water quality of the receiving waters. Illicit discharges of substances other than stormwater could result in a significant source of pollutants to the City's storm sewer system. Amendments to the Federal Water Pollution Control Act, co~nly kruvwn as the Clean Water Act, established the National Po cha~e Elimination System (NPDES) Program, which req its fo~ tlischarges from municipal storm sewer systems into ~ ~ . . . the th~¢d States. The Umted States Enwronmental Pr~>lection A · ulgated regulations implementing the NPDES progra~ ~: has authorized the Commonwealth of Virginia to txsue NPDES permits under the Virginia Pollutant Discharge ~ Elimination System (VPDES) permit system. The VPDES regulations for stormwater discharges requires certain municipalities, :} ~cluding the City of Roanoke, to control the contribution of pollutants to ~ ~torm sewer system, to prohibit illicit discharges to its storm sewer sy~t~ and to inspect, monitor, and enforce the prohibitions of illicit dtschctrg~ to tts storm sewer system· Sec. 1L3-2. Intent and Purpose. The intent and purpose of this chapter is to promote the public health, safety, and welfare of persons in the City through the regulation of stormwater discharges to the City's storm sewer system and to prohibit the illicit discharge of non-stormwater to the City's storm sewer system, subject to certain exceptions. This chapter is also intended to prohibit illicit connections and illicit discharges to the City's storm sewer system, C:~DOCUME-I\CMSM1,000\LOCALS~l\TempknotesFFF692\Code amendment chapterl I Stormwater Discharge (8 3 05).doc and to establish inspections and monitoring procedures to ensure compliance with this chapter. C:~DOCUME-I\CMSM 1,000\LOCALS- l\Temp~notesFFF692\Code amendment chapter I I Stormwater Discharge (8 3 05).doc 3 Sec. 11.3-3 Definitions. The following words and terms as used in this chapter shall have the following meanings, unless the context clearly indicates otherwise: Best Management Practices (BMPs) means the schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce pollutants from entering the storm sewer system or being improperly discharged from the storm sewer system. BMPs include, but are not limited to, treatment methods and practices to control the discharge of pollutants. Clean Water Act (CWA) means the federal Clean Water Act (33 USC §1251, et seq.), formerly referre~ to as the Federal Water Pollution Control Act. Director means the City of Roanoke Director of Public Works or his/her designee. Discharge means to dispose, deposit, spill, pour, inj~t, dump, pump, leak, or place by any means, or that which is disposed, deposited, spilled, poured, injected, dumped, pumped, leaked, or placed by any means. Illicit C~nectio ns any connections to the City's storm sewer system which d~t authtth~zzed by the City, by a valid NPDES or VPDES permit, or as may Oth~rwise~e authorized by law. llhctt Dtscharg~: ~ans any dtscharge to the storm sewer system or to the waters of the Un[Fed States that is not composed entirely of stormwatet; except discharges which are exempt pursuant to Section 11.3-4(b) of this chapter. Any discharge in violation of an NPDES or VPDES or other stormwater discharge permit shall constitute an illicit discharge. Industrial Wastes means any liquid or wastes resulting from any process of industry, manufacture, trade or business, or from the development of any natural resource. Inspection shall mean and include, but is not limited to, any on-site physical examination o fall facilities and grounds which may discharge to a storm sewer system, a review of all records on the operation and maintenance of facilities and the results of any monitoring performed for compliance with state, federal, and local regulations or permit requirements. C 5DOCUME- I \CMSM 1.0(30\LOCALS~ l\Temp~notesFFF692\Code amendment chapter I 1 Stormwater Dischm'ge (8 -3 05 ),doc 4 Landscaping Chemicals means chemicals for maintaining lawns and landscapes including fertil&ers, lime, and pesticides which include herbicides, insecticides and fungicides, when used in accordance with the manufacturer's recommendations. National Pollutant Discharge Elimination System (NPDES) means the federal program for issuing, modifying, revoking, reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements under the CWA. Other Wastes means wastes that can adversely affect waters of the United States when discharged into those waters, including, but not limited to, sewage, garbage, refuse, lime, fertilizer, ashes, offal, tar, paint, solvent,; petroleum products, antifreeze, pesticides, and chemicals· Person means any individual, firm, organization, partnership association, organization or other entity, includin~t8overnmental entities, or any combination thereof, or any agent or empl~ of any such entity. Sanitary Sewer means a system of pipes, condttl~t or other devices that collect and/or convey samtary wastewater to a ~water treatment or pumping facility. Storm Sewer System means all facilities, conveyances, structures, and other items located within the City of Roanoke and owned and/or operated by the City which are designed or used for collecting, storing, treating, or conveying stormwater or through which stormwater is collected, stored, treated, or conveyed, including, but not limited to, roads, streets', catch b~l~;:~p inlets, curbs, gutters, ditches, pipes, lakes, ponds, man-made channelS}'~!~rm drains, out'ails, retention, detention and infiltration basins and other J~acilities. ~tormwater ~ans prectpttatton that ts dtscharged across the land surj~tce rough conveyances to one or more waterways and that may include sto~water runoff, snow melt runofj~ and surface runoff and drainage. Virginia Pollutant Discharge Elimination System (VPDES) means the program issued by the Commonwealth of Virginia for imposing and enforcing pretreatment requirements pursuant to the CWA. Sec. 11.3-4 Prohibited Discharges or Connections to the Storm Sewer System. (a) It shall be unlawful and a violation of this chapter to do any of the following, except as may be provided in subsection (b) below: CSDOCUME-I\CMSMI·000\LOCALS-I~Temp~notesFFF692\Code amendment chapterl I Stormwater Discharge (8-3-05).doc 5 Cause or allow any illicit discharges, including but not limited to the discharge of sewage, industrial wastes or other wastes, into the storm sewer system, or any component thereof, or onto driveways, sidewalks, parking lots, or any other areas draining to the storm sewer system. (2) Connect, or cause or allow to be connected, any sanitary sewer to the storm sewer system, including any unauthorized sanitary sewer connected to the storm sewer system as of the date of the adoption of this chapter. (3) (4) Connect, or cause or allow to be connected, to the storm sewer system, without a valid VPDES or NPDE$ permit, or unless otherwise authorized by law, any structure that conveys any liquid or items other than stormwater or those discharges listed in subsection (b) below· Such illicit connections include, but are not limited to, pipes, drains, sanitary sewer lines, washing machine drains, or floor drains. Discharge any materiats~ or items other than stormwater to the storm sewer syste~ ;by ~oill dumping or disposal of any type without a valid fetlteral and/or state permit or unless otherwise ~lhorized by ~aw. (5) Throw, place, or depo¢'i~t or cause to be thrown, placed, or deposited in the sto'r~ewer system anything that impedes or mterferes wtth the free flow of stormwater therein. Failure by any property owner to notify the City of ~Roanoke Director of Public Works of an illicit connection on or from such owner's property to the City's storm sewer system. (7) Violate any condition or provision of this chapter or any permit granted for stormwater discharges. (8) To enter or swim in any stormwater retention pond, storm sewer or drain, except that this shall not apply to any City personnel or others authorized to perform work in such areas. (b) Subject to the provisions of subsection (c), the following activities shall not be unlawful or a violation of this chapter: C:~DOCUME-I\CMSM 1.000\LOCALS-l\Temp~notesFFF692\Code amendment chapterl I Stormwater Discharge (8 3 05).doc 6 (1) Water line flushing; (2) Landscape irrigation; (3) Diverted stream flows or rising groundwater; (4) Infiltration of uncontaminated groundwater; (5) Pumping of uncontaminated groundwater; (6) Discharges from potable water sources, foundation drains, irrigation water, springs, water from crawl spaces or footing drains; (7) Air conditioning condensation; (8) Lawn watering and maintenance with landscaping chemicals in accordance with the manufacturer's recommendations; (9) Residential car washing; (10) Dechlorinated swimming~ool discharge; (11) Street, right-of-way, and storm sy~tem construction/maintenance activitie$ ¢mploying BMPs. (12) Discharges or flows from~rgcncy fire fighting activities and emergency response activities employing BMPs; or (13) Any activity authorized by a V~d Virginia Stormwater Management Program permit (~, a valid VPDES or NPDES permit or a valid Virgim'~ilution Abatement (VPA) permit, or as may otherwise be permitted by law. lc) Sec. 11.3-5. In the everlt~any of the activities listed in subsection (b) above are found to ¢~e pollutants to be discharged into the storm sewer sy~;tem, the 'director shall so notify the person performing such a¢~?~:~ ~ shall order that such activities cease or be cond~ in ~h a tnattt~r as to avoid the discharge of pollutants into the ~ sewer system. The failure to comply with any such order shal~ ~nstitute a violation of the provisions of this chapter. Inspectit~ns and Monitoring. (a) The director shall have the authority to carry out all inspections and monitoring procedures necessary to determine compliance and/or noncompliance with this chapter, and to enforce this chapter, including the prohibition of illicit discharges to the storm sewer system. The director may monitor stormwater overalls or other components of the storm sewer system as may be appropriate in the administration and enforcement of this chapter. (b) The director shall have the authority to require a stormwater pollution prevention plan from any person whose discharges cause or may cause a violation of the City's (VSMP) permit or any other permit required of the City relating to stormwater discharges. CSDOCUME~ I\CMSM 1.000\LOCALS~ 1 \Temph~otes FFF692\Code amendment chapter I I Stormwater Discharge (8-3-05).doc 7 The director and/or duly authorized employees, agents, or representatives of the City, bearing proper credentials and identification, shall be authorized to enter any public or private property at any reasonable time for the purpose of enforcing this chapter, including, but not limited to taking samples of discharges, inspecting monitoring equipment, inspecting and copying documents relevant to the enforcement of this chapter, and such other items as may be deemed necessary for the enforcement of this chapter. (d) The director shall have the authority to require any person responsible for a discharge to the Storm sewer system to document that such discharge meets agd is in compliance with the requirements of this chapter, This includes, but is not limited to, the ability of the director tO,quire such person to provide monitoring reports, test results ~ show that the discharge meets the requirements of this chapter, and such other matters as may be deemed necessary to show that such discharge is in compliance with the requirement$ of this chapter. The cost of any required documentation shall be the resPgnsibility of the person responsible for the discharge. (e) The failure of any person to comply with any of the requirements of this section shall constitute a violation of this chapter. 11.3-6. Enforcement of Chapter and Penalties. (a) ~Any person who violates any of the provisions of this chapter shall be guilty of a Class I misdemeanor and upon conviction is subject to punishment by a fine of not more than two thousand five hund~d dollars ($2,500.00) per violation per day and confinement in jail for not more than twelve (12) months, either or both. (b) Each day during which a violation of this chapter occurs or continues shall be deemed a separate and distinct violation of this chapter. (c) Any person who commits any of the acts prohibited by this chapter or violates any of the provisions of this chapter shall be liable to the City for all costs of testing, containment, cleanup, abatement, removal, disposal, and any other related costs or expenses that the City may incur in connection with the enforcement of this chapter and/or the prohibition and/ or correction of a violation of this C:~DOCUME-I\CMSMI,000\LOCALS~ l\Temp~notesFFF692\Code amendment chapterl I Stormwater Discharge (8-3-05),doc 8 (d) (e) (g) (h) 3. this ordinance chapter and/or the abatement of any illicit discharge to the storm sewer system. The director may bring legal action to enjoin a violation of this chapter and the existence of any other remedy shall be no defense to any such action. In addition to any of the remedies set forth above, the director may seek to impose, or have imposed by the appropriate authority, any of the remedies provided for by §10.1-605.14, Code of Virginia (1950), as amended, which are incorporated ~jn by reference. any court action that may result from enf~ent of this In chapter, a judge hearing the case may direct the person responsible for the violation or the property owner to correct the violation and each day that the violation continues shall constitute a separate violation of this chapter. Any person who knowingly makes any false statements, representations, or certifications in any record, report, or other document, either filed or requested pursuant to this chapter, or who falsifies, tampers with, O~ i~ngly renders inaccurate any monitoring device or method r~i~.Or used by the director under this chapter in monitoring dis~arges, shall be guilty of a violation of this chapter. The remedies set forth in this section shall be cumulative, not exclusive, and it shall be no defense to any action that one or more of the remedies set forth in this section has been sought or granted. Sec. 11.3-7. Compliance with other Laws and Regulations. This chapter supplements the provisions of other federal, state, and City laws, codes, ordinances, rules, and regulations and all applicable federal, state, and City laws, codes, ordinances, rules, and regulations shall be complied with as well as the provisions of this chapter. This ordinance shall be in full force and effect on and after September 1, 2005. Pursuant to the provisions of Section 12 of the City Charter, the second reading of by title is dispensed with. ATTEST C:\DOCUME~ I\CMSM 1.000\LOCALS- l \Temp~notes FFF692\Code amendment chapterl I Stormwater Discharge (8 3 05).doc 9 City Clerk. CADOCUME- I\CMSM [.000\LOCALS- l\Temp~notesFFF692\Code amendment chapter I I Stormwater Discharge (8 3-05).doc 10 NOTICE A Stormwater Discharge Requirements Ordinance will be presented to the Roanoke City Council on Monday August 15, 2005, at 2:00 pm for consideration and approval. Copies of the proposed ordinance will be available for public review from August 8 through August 11, 2005, between the hours of 8:00 am and 5:00 pm in Room 350 (Office of the City Engineer) and Room 364 (Office of Environmental & Emergency Management) at the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Paul J. Truntich, Jr., Roanoke City Environmental Administrator (540) 853-1173 Notice to Publisher: Publish in the Roanoke Times once on Sunday, August 7, 2005. Send affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 Send bill to: Paul J. Truntich, Jr., M.S. REM Environmental Administrator Room 364 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-1173 ads_checked_printlist Page 1 of 1 Selected Ad(S) List Generated on Aug 8, 2005 at 8:56:08 AM 1. NOTICE A Storm water Discharge Requirements Ordinance will be presented to the Roanoke City Council on Monday August 15, 2005, at 2:00 pm for consideration and approval. Copies of the proposed ordinance will be available for public review from August 8 through August 11,2005, between the hours of 8:00 am and 5:00 pm in Room 350 (Office of the City Engineer) and Room 364 (Office of Environmental & Emergency Management) at the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Paul J. Truntich, Jr., Roanoke City Environmental Administrator (540) 853-1173 (7284589) (7284589) Roanoke Times Subclassification:Legals Date First Published: 08/07/2005 Ad Id: 7284589 Return to previous page http://classified.roanoke.com/classified/achp 8/8/2005 Sheila Hartman/Employees ICIty_of_ Roanoke 08/04/2005 09:37 AM To Kimberly Via Dudley <Kimberly. Dudley@Roanoke.com> CC bcc Subject RE: Notice - Stormwater Discharge Requirements Ordinance (Sunday ad) Kimberly, the ad looks fine. However, would you check on the spacing between a couple of words; it looks like several words run together. (See bold text below for example.) Thanks for your help and have a great vacation day! Kimberly Via Dudley <Kimberly. Dudley@Roanoke.com> Kimberly Via Dudley <Kimberly.Dudley@Roanoke. corn> 08/04/2005 09:29 AM To "'Sheila. Hartman@manokeva.gov'" <Sheila. Hartman@roanokeva.gov> cc Subject RE: Notice - Stormwater Discharge Requirements Ordinance (Sunday ad) This ad will run on 08/07 in The Roanoke Times full run for $101.32. Thanks! :-) P.S. I am on vacation tomorrow. If you need anything before Monday let try to let me know today by 4. Thanks! :-) NOTICE A Stormwater Discharge Requirements Ordinance will be presented to theRoanoke City Council on Monday August 15, 2005, at 2:00 p.m. forconsiderafion and approval. Copies of the proposed ordinance will be available for public review from August 8 through August 11, 2005, between the hours of 8:00 am and 5:00 pm in Room 350 (Office of the City Engineer) and Room 364 (Office of Environmental & Emergency Management) at the Noel C. Taylor Municipal Building, 215 Chumh Avenue, S.W., Roanoke, Virginia. Paul J. Truntich, Jr., Roanoke City Environmental Administrator (540) 853-1173 (7284589) Kimberly Via Dudley The Roanoke Times Legal Advertising Consultant (540) 981-3440 ..... Original Message From: Sheila.Hartman@roanokeva.gov |mailto:Sheila. Hartman@roanokeva.gov] Sent: Wednesday, August 03, 2005 4:30 PM To: Legals@Roanoke.com Sheila Hartman/Employees/City_of_ Roanoke 08/03/2005 04:26 PM To Legals@Roanoke.com CC bcc Subject Notice - Stormwater Discharge Requirements Ordinance (Sunday ad) Kimberly, please prepare the legal ad and send to me for review and approval, This ad is for another department so it will not look like the usual ones I send you, Thanks Kimberly! Notice- Public Announcement for Discharge Ordinance [08-02-05}.doc NOTICE A Stormwater Discharge Requirements Ordinance will be presented to the Roanoke City Council on Monday August 15, 2005, at 2:00 pm for consideration and approval. Copies of the proposed ordinance will be available for public review from August 8 through August 11, 2005, between the hours of 8:00 am and 5:00 pm in Room 350 (Office of the City Engineer) and Room 364 (Office of Environmental & Emergency Management) at the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Paul J. Truntich, Jr., Roanoke City Environmental Administrator (540) 853-1173 Notice to Publisher: Publish in the Roanoke Times once on Sunday, August 7, 2005. Send affidavit to: Mary F. Parker, City Clerk 215 Chumh Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 Send bill to: Paul J. Truntich, Jr., M.S. REM Environmental Administrator Room 364 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-1173 Sheila N. Hartman Assistant Deputy City Clerk (540) 853-2541 (Office) (540) 853-1145 (Fax) To Sheila Hartman/Employees/City_oLRoanoke@City_of_Roanoke cc Gary Tegenkamp/Employees/City_of_Roanoke@City_of_Roanok e bcc Subject Re: Announcement~ Looks good to me, Thanks Paul J, Truntich Jr., M.S., REM Environmental Administrator City of Roanoke 215 Church Avenue, SW Roanoke, VA 24011 540/853-1173 (office) 540/853-1138 (fax) Sheila Hartman/Employees/City_of_Roanoke Shella Hartman/Employees/City_of_ Roanoke 08/03/2005 02:40 PM To Paul Truntich/Employees/City_oLRoanoke@City_of_Roanoke, Gary Tegenkamp/Employees/City_of_Roanoke@City_oLRoanok e cc Subject Re: Announcement~ Paul and Gary: Please review the attached notice which I have edited according to our discussion. If the two of you approve this by e-mail, I will send it on over to Kimberly at the newspaper. You can give me an initialed copy tomorrow. Thanks for your help! [attachment "Notice - Public Announcement for Discharge Ordinance (08-02-05).doc" deleted by Paul Truntich/Employees/City_of_Roanoke] Sheila N. Hartman Assistant Deputy City Clerk (540) 853-2541 (Office) (540) 853-1145 (Fax) Paul Truntich/Employees/City_of_Roanoke To Sheila Hartman/Employees/City_of__Roanoke@City_of_Roanoke Cc Subject Announcement Thanks a lot [attachment Pub c Announcement for Discharge Ord'nance 08-02-05.doc" deleted by Paul Truntich/Employees/City_of_Roanoke] Paul J. Truntich Jr., M.S., REM Environmental Administrator City of Roanoke 215 Church Avenue, SW Roanoke, VA 24011 540/853-1173 (office) 540/853-1138 (fax) Shella Hartman/Employees/City_of_ Roanoke 08/03/2005 02:38 PM To Paul Truntich/Employees/City_of_Roanoke, Gary Tegenkamp/Employees/Ciht_of_Roanoke, cc bce Subiect ~e: ^nnouncement Paul and Gary: Please review the attached notice which I have edited according to our discussion. If the two of you approve this by e-mail, I will send it on over to Kimberly at the newspaper. You can give me an initialed copy tomorrow. Thanks f~ur help! Notice- Public Announcement for Discharge Ordinance [08-02-05].doc Sheila N. Hartman Assistant Deputy City Clerk (540) 853-2541 (Office) (540) 853-1145 (Fax) Paul Truntich/Employees/City_of_Roanoke To Sheila Hartman/Employees/City_of_Roanoke@City_of_Roanoke CC Subject Announcement Thanks a lot Public Announcement for Discharge 0~dinance 08-02-05.doc Paul J. Truntich Jr., M.S., REM Environmental Administrator City of Roanoke 215 Church Avenue, SW Roanoke, VA 24011 540/853-1173 (office) 540/853-1138 (fax) The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times .................................................. + ........................ PAUL J. TRUNTICH, JR., ROOM 364 ENVIRONMENTAL ADMINI ROANOKE VA 24011 REFERENCE: 80132745 07284589 State of Virginia City of Roanoke M.S. RE NOTICEAStormwaterDis 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 August 2005. Witness my hand and of~icia.L seal. , /~,,,L' "~ / FI( ~--~%/'Notary Pu~ic My ~mm 1 s s 1~- e~ r~-~__~~_~_~_ PUBLISHED ON: 08/07 TOTAL _OST: FILED Billing Services Represen,~a, tive 98.34 08/07/05 .................................................. + ........................ CITY OF RO_A..NOKE Office of the C,ty Clerk Mary F. Parker, CMC City Clark Stephania M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clark AugustI8,2005 File #514 Daniel F. Layman, Jr., Attorney Woods Rogers PLC P. O. Box 14125 Roanoke, Virginia 24038-4125 Dear Mr. Layman: I am enclosing copy of Ordinance No. 37152-081505 amending and reordaining Ordinance No. 36226-020303, which was intended to permanently vacate, discontinue and close a certain alley running from 5'h Street to 6'h Street, N. W., between Loudon and Centre Avenues, N. W., as well as an alley extending in a southerly direction from Loudon Avenue, N. W., to the aforesaid alley, lying between Official Tax Nos. 2013109 through 2013114, inclusive. Ordinance No. 37152-081805 provides that if the above conditions have not been met within 36 months from the date of adoption of the ordinance, such ordinance shall be null and void with no further action by City Council being necessary. The abovereferenced Ordinance No. 37152-081505 was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 15, 2005, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment Daniel F. Layman, Jr., Attorney August 18, 2005 Page 2 pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget John P. Baker, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 240:~7 R. Brian Townsend, Director, Planning, Building and Development IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of August, 2005. No. 37152-081505. AN ORDINANCE amending and reordaining Ordinance No. 36226-020303; and dispensing with the second reading by title of this ordinance. WHEREAS, by adopting Ordinance No. 36226-020303, on February 3, 2003, City Council intended to permanently vacate, discontinue and close a certain alley rUnning from 5th Street to 6th Street, N.W., between Loudon and Centre Avenues, N.W., as well as an alley extending in a southerly direction from Loudon Avenue, N.W., to the aforesaid alley, lying between Official Tax Nos. 2013109 through 2013114, inclusive; WHEREAS, Ordinance No. 36226-020303 provided that it would be null and void, with no further action by City Council being necessary, ifa plat of subdivision implementing the ordinance were not recorded within twelve months of the date of adoption of the ordinance; WHEREAS, Ordinance No. 36226-020303, became null and void, by its terms, when a plat of subdivision was not recorded within twelve months after the adoption of the ordinance; and WHEREAS, an extension of time in which the plat of subdivision can be recorded after adoption of the ordinance to thirty-six months, will effectuate the purpose of Ordinance No. 36226-020303; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the next to last paragraph of Ordinance No. 36226-020303 be amended to read and provide as follows, and that such ordinance be reordained as amended: BE IT FURTHER ORDAINED that if the above conditions have not been met within thirty-six (36) months from the date of adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. BE IT FURTHER ORDAINED that the applicant shall record a certified copy of this ordinance along with the copy of Ordinance No. 36226-020303 that is to be recorded with the Clerk of the Circuit Court. BE IT FINALLY ORDAINED that pursuant to the provisions of {}12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. WILLIAM M. HACKWORTH CITY ~I~ORNEY CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BU1LDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 540-853~2431 FAX: 540-853 1221 EMAIL: cityatty Cr~roanokeva gov August 15, 2005 TIMOTHY R. SPENCER STEVEN J. TALEVI GARY E. TEGENKAMP DAVID L. COLLINS HEATHER P. FERGUSON ASSISTANT CITY ATTORNEYS Honorable C. Nelson Harris, Mayor and Members of City Council Roanoke, Virginia Re: Amend and reordain Ordinance No. 36226-020303 Dear Mayor Harris and Members of Council: The City of Roanoke Redevelopment and Housing Authority ("Authority") is in the process of taking over from the Northwest Neighborhood Environmental Organization ("NNEO") the development of the Fifth Street Gateway project in the 500 Block of Loudon Avenue, N.W. On February 3, 2003, at the request of NN~O, City Council adopted Ordinance No. 36226-020303, closing two alleys in the area of the project. In accordance with the City's usual practice, the Ordinance required that within one year from the date of adoption of the Ordinance, NNEO have a subdivision plat prepared and recorded, combining the closed alleys with the adjoining lots. Because the plat was never prepared and recorded, the Ordinance by its terms became void. To allow the Authority to close the alleys, the Authority has requested that City Council amend and reordain Ordinance No. 36226-020303, allowing the Authority additional time to prepare and record an appropriate plat. I recommend that City Cotmcil adopt the attached measure, amending and reordaining Ordinance No. 36226-020303, allowing a plat of subdivision to be prepared and recorded within thirty-six months after February 3, 2003, the date of adoption of the original ordinance. With kindest personal regards, I am Sincerely yours, William M. Hackworth City Attorney WMH:s Attachment Darlene L. Burcham, City Manager R. Brian Townsend, Director, Plarming, Building and Development Daniel F. Layman, Jr., Esquire HMMCC - Inoperable Motor Vehicle CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk August 18, 2005 File #24-34-79 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 37153-081505, amending Article IX, City Treasurer, of Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended and by the addition of a new §2-206, Authority to reduce or waive interest and penalty payments, in order to grant the Treasurer of the City of Roanoke the power to waive certain penalties and interest when, in the Treasurer's discretion, such action is just and proper. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 15, 2005, and is in full force and effect upon its passage. Mary F. ParKe , CMC · City Clerk MFP:ew Attachment Darlene L. Burcham August18,2005 Page 2 pc: 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 Honorable Jacqueline F. Ward Talevi, Judge, General District Court The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Joseph M. Clarke, II,Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court Sheila N. Hartman, Assistant City Clerk, (For transmittal by electronic mail to Municipal Code Corporation) Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32316 Ronald S. Albright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Kozuo Webb, Office of the Magistrate Lora A. Wilson, Law Librarian The Honorable Evelyn W. Powers, City Treasurer Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget IN THE COI_rNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of August, 2005. No. 37153-081505. AN ORDINANCE amending Article IX, City Treasurer, of Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, by the addition of a new §2-206, Authority to reduce or waive interest and penalty payments, in order to grant to the Treasurer of the City of Roanoke the power to waive certain penalties and interest when, in the Treasurer's discretion it is just and proper; and dispensing with the second reading by title paragraph of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Article IX, City Treasurer, of Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, is hereby amended by the addition of a new §2-206, Authority to reduce or waive interest and penalty payments, in order to grant to the Treasurer of the City of Roanoke the power to waive certain penalties and interest with regard to payments owed the City which have not been paid in a timely fashion, when, in the Treasurer's discretion it is just and proper, and such section shall read and provide as follows: 2-206. Authority to reduce or waive interest and penalty payments. The treasurer, when in the treasurer's discretion it is just and proper, may accept interest or penalty payments at a rate less than that prescribed by this Code or may waive such interest or penalty payments for failure to pay in a timely fashion any of the following obligations: (1) Assessments against owners of abutting property for public improvements. (2) Charges levied against landowners for failure to remove noxious weeds or for removal of buildings, wails or other structures which might endanger the public health and safety. (3) City taxes. (4) Other fees and charges owed the city. K:\ORDINAN CES\O-CA ~Tr~asur~r waive pymt 081505.doc In each instance the treasurer waives such penalty and interest, the treasurer shall document in writing, to be kept on file, the reason for such waiver. 3. Pursuant to Chapter 12 of the Roanoke Charter, the second, reading by title paragraph is hereby dispensed with. ATTEST: City Clerk. K:\OKDINANCES~O-CA -Treasurer waive pymt 081505.dec JESSE A. HALL Director of Finance cmail: jesse hall@ci roanoke.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 romlok¢.va.us August 15, 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: Authority to Reduce or Waive Interest and Penalty Payments Backqround: Since 1978, Section 2-238 of the Code of the City of Roanoke ("City Code") has provided the authority for the Director of Finance to accept interest or penalty payments at a rate less than prescribed and to waive interest and penalty in certain circumstances, such as for delinquent taxes, fees, assessments, and weed, trash, demolition and boarding up liens. On occasion, this authority is beneficial to the City in order to achieve collection results. This authority is used infrequently, and when used, the reason for waiving penalty and interest is documented for internal control and audit purposes. Occasionally the Treasurer encounters circumstances whereby, in order to treat customers equitably, interest and penalty may need to be waived. However, the Code does not currently provide this authority. Consideration: The Director of Finance and the City Treasurer concur that the authority to reduce or waive interest and penalty should be extended to the City Treasurer. It is anticipated that this authority will be used infrequently and well documented. Honorable Mayor and Members of Council August 15, 2005 Page 2 Recommendation: Approve an amendment to the City Code providing authority for the City Treasurer to reduce or waive interest and penalty payments. Sincerely, Jesse A. Hall Director of Finance C: The Honorable Evelyn W. Powers, City Treasurer Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Mary F. Parker, City Clerk ClTYOFRO_A..NOKE Off~ce of the C~ty Clerk Mary F. Parker, CMC City Clerk Stephanle M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk August18,2005 File #53-467 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 37154-081505 authorizing and directing the City Manager to file an application with the Virginia Public School Authority seeking bond financing, in an amount estimated not to exceed $1,200,000.00, to finance certain capital improvements to Fallon Park Elementary School, previously approved pursuant to Resolution No. 36547-111703 and Resolution No. 36548- 111703, adopted by the Council on Monday, November 17, 2003. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 15, 2005. Mary F. Parker, CMC City Clerk MFP:ew Attachment Darlene L. Burcham August 1B, 2005 Page 2 pc: Jesse A. Hall, Director of Finance Kathy G. Stockburger, Chair, Roanoke City School Board, 2506 Cornwallis Avenue, S. E., Roanoke, Virginia 24014 Marvin T. Thompson, Superintendent, Roanoke City Public Schools Sherman M. Stovall, Director, Office of Management and Budget George J. A. Clemo, Woods Rogers PLC, 10 S. Jefferson Street, Roanoke, Virginia 24011 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of August, 2005. No. 37154-081505. A RESOLUTION authorizing and directing the City Manager to file an application with the Virginia Public School Authority seeking bond financing in an amount estimated riot to exceed $1,200,000.00 to finance certain capital improvements to Fallon Park Elementary School, previously approved pursuant to Resolutions No. 36547-111703 and No. 36548-111703, adopted by the Council at its November 17, 2003, meeting. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is hereby authorized and directed to file an application with the Virginia Public School Authority for bond financing in an amount estimated not to exceed $1,200,000.00 (the "Bonds") to finance capital improvements at Fallon Park Elementary School 2. The City Clerk is hereby authorized and directed to publish in accordance with applicable law a public notice of public hearing in connection with the proposed Bonds to be held on September 19, 2005. 3. The undersigned Clerk of the City of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the City Council held on August 15, 2005, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify (a) that such meeting was a regularly scheduled mecting and that, during the consideration of the foregoing resolution, a quorum was present, and (b) that the atiendance of the members and voting on the foregoing resolution was as follows: K:~l~Wallon ~ 2005 vpsa application ~solulio~ (0932383).DOC Present C. Nelson Harris, Mayor Beverly T. Fitzpatrick, Jr., Vice Mayor M. Rupert Cutler Alfred T. Dowe, Jr. Sherman P. Lea Brenda L. McDaniel Brian J. Wishneff Absent Aye Nay Abstain WITNESS MY }lAND and the seal of the City of Roanoke, Virginia, this I~day of August, 2005. Clerk, City of Roanoke, Virginia {~)~32383-1,0T'/826-00047-01}F~KE~ 0876245.WPD-I, 077826-00043-01 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 August18,2005 File #53-467 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 37155-081505 authorizing and directing the City Manager to file an application with the Virginia Public School Authority seeking bond financing, in an amount estimated not to exceed $3,850,000.00, to finance certain capital improvements to Westside Elementary School, previously approved pursuant to Resolution No. 36922-122004 and Resolution No. 36923- 122004, adopted by the Council on Monday, December 20, 2004. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August :15, 2005. Mary F. Parker, CMC City Clerk MFP:ew Attachment Darlene L. Burcham August 18, 2005 Page 2 pc: Jesse A. Hall, Director of Finance Kathy G. Stockburger, Chair, Roanoke City School Board, 2506 Cornwallis Avenue, S. E., Roanoke, Virginia 24014 Marvin T. Thompson, Superintendent, Roanoke City Public Schools Sherman M. Stovall, Director, Office of Management and Budget George J. A. Clemo, Woods Rogers PLC, :~0 S. Jefferson Street, Roanoke, Virginia 24011 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of August, 2005. No. 37155-081505. A RESOLUTION authorizing and directing the City Manager to file an application with the Virginia Public School Authority seeking bond financing in an amount estimated not to exceed $3,850,000.00 to finance certain capital improvements to Westside Elementary School, previously approved pursuant to Resolutions No. 36922-122004 and No. 36923 - 122004, adopted by the Council at its December 20, 2004, meeting. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is hereby authorized and directed to file an application with the Virginia Public School Authority for bond financing in an amount estimated not to exceed $3,850,000.00 (the "Bonds") to finance capital improvements at Westside Elementary School. 2. The City Clerk is hereby authorized and directed to publish in accordance with applicable law a public notice of public hearing in connection with the proposed Bonds to be held on September 19, 2005. 3. The undersigned Clerk of the City of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes ora meeting of the City Council held on August 15, 2005, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify (a) that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present, and (b) that the attendance of the members and voting on the foregoing resolution was as follows: K:XMeasure*\W~tside 2005 VPSA Application Resolution (0932386).DOC Present C. Nelson Harris, Mayor Beverly T. Fitzpatrick, Ir., Vice Mayor M. Rupert Cutler Alfred T. Dowe, Jr. Sherman P. Lea Brenda L. Mc, Daniel Brian J. Wishneff Aye Nay WITNESS MY HAND and the seal of the City of Roanoke, Virginia, this li,~--o day of Abstain August, 2005. Clerk, City of Roanoke, Virginia K:\Measux~\Westsid* 2005 VPgA Appligation R~olution (0932386).DOC ROANOKE CITY SCHOOL BOARD P. O. Box 13145 Roanoke, Virginia 24031 (540) 853-2381 August 15, 2005 The Honorable C. Nelson Harris, Mayor and Members of Roanoke City Council Roanoke, VA 240:[:[ Dear Members of Council: As the result of official School Board action at its meeting on August 9, the Board approved the attached resolutions to participate in the 2005 Interest Rate Subsidy Program Bond Sale - VPSA School Financing Bonds (1997 Resolution) Series 2005 D. The proceeds of the bond issue will be used in lieu of the Literary Fund loans approved by the State for the Fallon Park Elementary School and Westside Elementary School projects. The School Board will pay the debt service on the VPSA Interest Rate Subsidy Bond Issue. The use of the bond issue provides: · An interest rate of 3%--the same as the Literary Fund loan rate. · The debt will not count against the $20 million Literary Fund loan debt ceiling for the locality. · The first debt service payment will not be due until the 2006-07 fiscal year. Members of Council Page 2 August 15, 2005 Roanoke City Council is requested to approve resolutions indicating that Roanoke City desires to participate in the VPSA bond issue for Fallon Park and Westside Elementary Schools. No further action is required of the City at this time. ~If the application is approved by the VPSA board, Council will be requested to conduct a public hearing and perform any other procedural matters that may be required for participation in the VPSA bond issue. The Roanoke City School Board appreciates the assistance of the City Administration in preparing the necessary resolutions and documents required for participation in the VPSA bond issue. Sincerely, Cindy H. Lee Clerk of the Board re Enc. CC: Mrs. Kathy G. Stockburger Mr. Marvin T. Thompson Mr. Bernard 1. Godek Mr. Kenneth F. Mundy Mrs. Darlene Burcham Mr. William M. Hackworth Mr..lesse A. Hall August 9, 2005 RESOLUTION AUTHORIZING CERTAIN IMPROVEMENTS, AUTHORIZING AN APPLICATION TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY FOR INTEREST RATE SUBSIDY BOND FINANCING, AND REQUESTING ROANOKE CITY COUNCIL TO ISSUE GENERAL OBLIGATION SCHOOL BONDS FOR SCHOOL PURPOSES AND CONSENTING TO THE ISSUANCE THEREOF BE IT RESOLVED: 1) 2) The School Board of the City of Roanoke, Virginia hereby (i) approves capital improvements for the renovation of Fallon Park Elementary School at an estimated cost of $1,695,000 (the "Project"), (ii) authorizes and approves the filing of an application to the Virginia Public School Authority ("VPSA") seeking interest rate subsidy bond financing in an amount not to exceed $1,200,000, and (iii) requests that the City Council of the City of Roanoke, Virginia, (the "City") authorize the City to issue its general obligation school bonds to be sold to VPSA in an aggregate principal amount not to exceed $1,200,000, for the purpose of financing a portion of the cost of the project. This resolution shall take effect immediately by the following recorded vote: Yea Nay Kathy G. Stockburger, Chair David B. Trinkle, Vice Chair David B. Carson William H. Lindsey Gloria P. Manns Alvin L. Nash Courtney A. Penn The undersigned Clerk of the School Board of the City or Roanoke, Virginia hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the School Board held the 9th day of August, 2005. WITNESS, my signature and seal of the School Board of the City of Roanoke, Virginia, this 9th day of August, 2005. (SEAL) Clerk, School Board of City of Roanoke, Virginia August 9, 2005 RESOLUTION AUTHORIZING CERTAIN IMPROVEMENTS, AUTHORIZING AN APPLICATION TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY FOR INTEREST RATE SUBSIDY BOND FINANCING, AND REQUESTING ROANOKE CITY COUNCIL TO ISSUE GENERAL OBLIGATION SCHOOL BONDS FOR SCHOOL PURPOSES AND CONSENTING TO THE ISSUANCE THEREOF BE IT RESOLVED: 1) The School Board of the City of Roanoke, Virginia hereby (i) approves capital improvements for the renovation of Westside Elementary School at an estimated cost of $4,237,288 (the "Project"), (ii) authorizes and approves the filing of an application to the Virginia Public School Authority ("VPSA") seeking interest rate subsidy bond financing in an amount not to exceed $3.85 Million, and (iii) requests that the City Council of the City of Roanoke, Virginia, (the "City") authorize the City to issue its general obligation school bonds to be sold to VPSA in an aggregate principal amount not to exceed $3.85 Million, for the purpose of financing a portion of the cost of the project. 2) This resolution shall take effect immediately by the following recorded vote: Yea Nay Kathy G. Stockburger, Chair David B. Trinkle, Vice Chair David B. Carson William H. Lindsey Gloria P. Manns Alvin L. Nash Courtney A. Penn The undersigned Clerk of the School Board of the City or Roanoke, Virginia hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the School Board held the 9th day of August, 2005. WITNESS, my signature and seal of the School Board of the City of Roanoke, Virginia, this 9th day of August, 2005. (SEAL) Clerk~ School Board of City of Roanoke~ Virginia WOODS ROGERS G~ORO£ .I.A. CL~.~O ATTORNEYS AT LAW August 10, 2005 City Council City of Roanoke, Virginia Roanoke, Virginia Resolutions Authorizing Aunlication for VPSA School Bond Financinn Gentlemen and Ms. McDaniel: Our firm serves as bond counsel to the City in connection with certain school bond financings. In November of 2003, the School Board and City Council approved an application to the Literary Fund for a loan of $1,600,000 to finance capital improvements at Fallon Park Elementary School. In December of 2004, the School Board and City Council approved an application to the Literal/Fund for a loan of $3,850,000 to finance capital improvements at Westside Elementary School Those applications were approved by the Deparhuent of Education and are currently on the Literary Fund loan waiting list at numbers 41 and 42 respectively, with no Literary Fund loans in sight to fund those loans. As we have typically done in the past, once a Literary Fund loan has been approved by the state, the City usually participates in a Virginia Public School Authority interest rate subsidy financing in lieu of the Literary Fund loan. This allows the City to complete the financing in a timely manner on terms that are economically the same as the Literary Fund loan. Thus, the proposed VPSA financings will replace the Literary Fund financings previously approved by Council for Fallon Park Elementary and Westside Elementary. The deadline for the City to submit an application to participate in the VPSA fall 2005 interest rate subsidy bond issue is August 31, 2005. City Schools staff are working to put that application together. The School Board adopted a resolution at its August 9, 2005, meeting authorizing the application and requesting the City Council to authorize the issuance of the bonds. In order to file the application by the VPSA deadline, Council will need to adopt resolutions authorizing the filing of the application. I have prepared the form of Council resolutions necessary to accomplish this, in form comparable to resolutions we have used in these circumstances in the past. The resolutions also authorizes publication of a notice for the public hearing required under the Public Finance Act before the bonds can be issued. These resolutions are on the agenda for consideration by Council at its August 15, 2005, meeting These resolutions do not constitute final approval for issuance of the bonds. Once Council has held a public hearing (on September 19, 2005) on the issuance of the bonds, and P.O. Box 14125 / Rea~ke, Virsinia 24038-4125 10 Soufla Jefferson S~t, Suite 1400 540 983-7600 / F~x 540 983-7711 / nmil(~woodsrogers.com Offices also in Blacksbur8, Danville, Lynchbu~g and Richmond. Virginia City Council September 2, 2004 Page 2 VPSA has provided us with the final debt service schedules for the bonds, we will submit final bond resolutions to Council for its approval, probably in mid October, 2005. Bond proceeds are expected to be available around November 10, 2005. Sincer/,]eJ.y George J. A. Clemo CC: William Hackworth, City Attorney Bernard Godek, Assistant Superintendent, Roanoke City Schools CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanle M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk August 18, 2005 File #60-467 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 37156-081505 appropriating funds for the 2004-2005 Title I Winter Program, Regional Adult Education Specialist 2005- 2006, and Thurman Foundation Homeless Child Mentoring Project, and amending and reordaining certain sections of the 2005-2006 School Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 15, 2005, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment Jesse A. Hall August 17, 2005 Page 2 pc: Kathy G. Stockburger, Chair, Roanoke City School Board, 2506 Cornwallis Avenue, S. E., Roanoke, Virginia 24014 Darlene L. Burcham, City Manager Cindy H. Lee, Clerk, Roanoke City School Board, P. O. Box 13145, Roanoke, Virginia 24031 Sherman M. Stovall, Director, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of August, 2005. No. 37156-081505. AN ORDINANCE to appropriate funding for the 2004-05 Title I Winter Program, Regional Adult Education Specialist 2005-06, and Thurman Foundation Homeless Child Mentoring Project, amending and reordaining certain sections of the 2005-2006 School 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 School Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Elementary Teachers 030-061-6120-6000-0121 $ 2,143 Regional Education Specialist 030-062-6786-6351-0124 11,842 Clerical 030-062-6786-6351-0151 3,000 Social Security 030-062-6786-6351-0201 1,751 Communications 030-062-6786-6351-0523 (693) Supplies 030-062-6786-6351-0614 (900) Mentor 030-063-6887-6100-0129 6,225 Social Security 030-063-6887-6100-0201 475 Travel Expenses 030-063-6887-6100-0554 1,650 Mentoring Activities 030-063-6887-6100-0586 430 Supplies 030-063-6887-6100-0614 220 Revenues Federal Grant Receipts 030-061-6120-1102 2,143 State Grant Receipts 030-062-6786-1100 15,000 Donation 030-063-6887-1103 9,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. City Clerk; ROANOKE CITY SCHOOL BOARD P. O. Box 13145 Roanoke, Virginia 24031 (540) 853-2381 August 15, 2005 The Honorable C. Nelson Harris, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As the result of official School Board action at its meeting on August 9, the Board respectfully requests City Council to appropriate the following funds: · $2,143.00 for the Title I Winter Program to provide remedial reading, language arts, and mathematics instruction for students in targeted schools. This continuing program is one hundred percent reimbursed by federal funds. · $15,000.00 for the Regional Education Specialist Program to provide ancillary and support services for the Adult Literacy and Basic Education Program in the planning district. This continuing program is one hundred percent reimbursed by State funds. · $9,000.00 for the Thurman Foundation Homeless Child Mentoring Project to provide mentoring services to 43 children in grades 6-12, targeting the adolescent stage of life, A donation for the entire program has been received. Members of Council Page 2 August 15, 2005 The School Board thanks you for your approval of the above request. Sincerely, Cindy H. Wee, Clerk re CC~ Mrs. Kathy G. Stockburger Mr. Marvin T. Thompson Mr. Bernard J. Godek Mr. Kenneth F. Mundy Mrs. Darlene Burcham Mr. William M. Hackworth Mr. Jesse A. Hall Mr. Paul Workman (with accounting details) JESSE A. HALL Director of Finance cmail: j ease_hall ~ci.roanokc,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 August 15, 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 City Council: As the result of official School Board action at its meeting on August 9, the Board respectfully requests City Council to appropriate the following funds: $2,143 for the Title I Winter Program to provide remedial reading, language arts, and mathematics instruction for students in targeted schools. This continuing program is one hundred percent reimbursed by federal funds. $15,000 for the Regional Education Specialist Program to provide ancillary and support services for the Adult Literacy and Basic Education Program in the planning district. This continuing program is one hundred percent reimbursed by State funds. $9,000 for the Thurman Foundation Homeless Child Mentoring Project to provide mentoring services to 43 children in grades 6-12, targeting the adolescent stage of life. A donation for the entire program has been received. Honorable Mayor and Members of Council August 15, 2005 Page 2 We recommend that you concur with this report of the School Board and adopt the attached budget ordinance to appropriate funding as outlined above. Sincerely, Jesse A. Hall Director of Finance Attachment JAH/PRW/pac C: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Mary F. Parker, City Clerk Marvin T. Thompson, Superintendent Sherman M. Stovall, Director of Management and Budget 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 August 22, 2005 File #88-1'78-227 William M. Hackworth City Attorney Roanoke, Virginia Dear Mr. Hackworth: At a regular meeting of the Council of the City of Roanoke which was held on Monday, August :[5, 2005, you were requested to provide a status report on fair housing cases that are currently pending in the Federal court system. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew pc: Darlene L. Burcham, City Manager MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, ~rnginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ ci.roanoke.va.us STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk August 22, 2005 File #110-318 Ms. Angela Holland 128 Hurst Avenue, N. E. Roanoke, Virginia 24012 Dear Ms. Holland: At a regular meeting of the Council of the City of Roanoke which was held on Monday, August 15, 2005, you were appointed as a member of the Human Services Advisory Board, to fill the unexpired term of H. Clarke Curtis, resigned, ending November 30, 2007. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each appointee is required "to read and become familiar with provisions of the Act." Angela Holland August 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 the City of Roanoke as a member of the Human Services Advisory Board. Sincerely, ~~ Mary F. ', CMC City Clerk MFP:ew Enclosures pc: Teresa h McDaniel, Secretary, Human Services Advisory Board Stephanie M. Moon, CMC, Deputy City Clerk COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the fifteenth day of' August, 2005, ANGELA HOLLAND was appointed as a member of the Human Services Advisory Board, to fill the unexpired term of H. Clarke Curtis, resigned, ending November 30, 2007. second day of August, 2005. Given under my hand and the Seal of the City of Roanoke this twenty- City Clerk MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, V'mginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ ci.roanoke.va.us August 22, 2005 File #15-110-230 STEPHAN1E M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Ms. Wyona M. Lynch-McWhite 3571 Bradshaw Road Salem, Virginia 24153 Dear Ms. Lynch-McWhite: At a regular meeting of the Council of the City of Roanoke which was held on Monday, August [5, 2005, you were appointed as a member of the Roanoke Arts Commission, for a term ending June 30, 2008. 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, 3[5 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 appointed. 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 s~rv~ce~u-ts Commission\Wyona Lynch-McWhite oath05.dcc Ms. Wyona M. Lynch-McWhite August 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 Arts Commission. Sincerely, Ma~'~F. pa~rker,~'' ~'~ - CMC City Clerk MFP:ew Enclosures pc: Kathleen W. Lunsford, Acting Chair, Roanoke Arts 2305 Carter Road, S. W., Roanoke, Virginia 24015 Judith M. St. Clair, Secretary, Roanoke Arts Commission Stephanie M. Moon, CMC, Deputy City Clerk Commission, K:~ath and leav/ng service~ Con-ani$$ion\Wyona Lynch-McWhite oath05.doc COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the fifteenth day of August, 2005, WYONA M. LYNCH-MCWHITE was appointed 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 August, 2005. City Clerk K:\oath and leaving ~tviceL~r t~ Coiiuii~sion\Wyona Lynch-McWhite oath05.doc MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICEOF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, ~rnginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ ci.roanoke.va.us STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk August17,2005 Mr. Bernie Minakowski GSA, Allegheny Realty Services District 20 N. 8'h Street Philadelphia, Pennsylvania 19107-3191 Dear Mr. Minakowski: The deadline for receipt of bids for the lease of certain City owned property located in the Commonwealth Building for office space for up to ten years was 12:00 p.m., on Monday, August 15, 2005. Your bid was received at 1:48 p.m., on August 15; therefore, I am returning the bid, unopened. The matter will be readvertised for bids on Tuesday, September 6, 2005. All bids must be filed in the City Clerk's Office Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, no later than 12:00 p.m., on that day. With kindest regards. //,e~. ~Sincerely, Mary F.-;ar--~er, CMC City Clerk MFP:ew Enclosure The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times MARY F. PARKER CITY OF ROANOKE CLERK'S OFFICE 215 CHURCH AVE SW RM 456 NOEL Co TAYLOR MUNICIPAL BLDG. ROANOKE VA 24011 ~~E IN 1HE CMIONWAL18 REFERENCE: 32143302 requl,ement, 0f 07149914 PUBLICNOTICEANDADVER newspaper published in Roanoke, in the State of published in said newspapers on the following 17,253us&hie(19,841 City/County of Roanoke, Commonwealth/State of de~dptlonofthearelitobe ~_ ~_1~ Room 466, .unlc,p., -- _day of August 2005. Witness my hand and PUbLISh'ED ON: 0~/2~ 08/05 If you ~re a person with a FILED ON: 08/05/05 Authorized Signature:___l_~__~_~__-_ ~ ° _~__%~___~__~_'__' , Representa',i~ive Any Interested party Is hereby Invited to submit written bid for the lease to Billing Services PUBLIC NOTICE AND ADVERTISEMENT FOR BIDS Lease Agreement for Lease of Office Space in the Commonwealth Building Pursuant to the requirements of §15.2-2100 and 2101, et seq., of the Code of Virginia (1950) as amended, notice is hereby given that the City of Roanoke proposes to enter into a lease agreement for the lease of space located in the Commonwealth Building for a term of up to ten years subject to a termination provision by either party, without cause, after the first five years upon two years written notice commencing as soon as all legal requirements have been met. Such leased premises being described as follows: 17,253 usable (19,841 rentable) square feet of office and related space located in City-owned property known as the Commonwealth Building, 220 Church Avenue, S.W., located in the City of Roanoke, Virginia. A copy of the full text of the proposed ordinance and a description of the area to be leased is on file for review in the Office of the City Clerk, Room 456, Municipal Building, 215 Chumh Avenue, S.W., Roanoke, Virginia 24011. A public heating on the proposed ordinance will be held at 7:00 p.m., on August 15, 2005, in the Roanoke City Council Chambers, 4th ftoor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, Roanoke, Virginia 24011. All parties in interest and citizens may appear on the above date and be heard on this issue. If you are a person with a disability who needs accommodations for this heating, please contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday, August 11, 2005. Any interested party is hereby invited to submit a written bid for the lease to be granted. Bids will be received in the Office of the City Clerk until 12:00 p.m., local time, Monday, August 15, 2005. All bids received will be held by the City Clerk, unopened, until 7:00 p.m., local time, on the same date, at which time all bids so received will be delivered to the Roanoke City Council Chambers and then publicly opened and read aloud before the Roanoke City Council. The necessary bid form may be obtained from the City Clerk's office on and after Monday, August 1, 2005. The person or firm to whom this Lease is awarded shall reimburse the City for the costs of this advertisement. The City expressly reserves the right to reject any and all bids to waive any informality or irregularity in the bids received and to accept the bid which is deemed to be in the best interest of the City. GIVEN under my hand this 26th day of July, 2005. Mary F. Parker, City Clerk. Notice to Publisher: Publish in the Roanoke Times once on Friday, July 29, 2005, and Friday, August 5, 2005. Send bill and affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 BD FORM FOR THE LEASE OF 17,253 USABLE (19,841 RENTABLE) SQUARE FEET OF SPACE 1N THE COMMONWEALTH BUILDING DATE: SUBMITTED BY: Firm Name Roanoke City Council c/o City Clerk's Office Room 456, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 The undersigned hereby proposes and agrees, if this Bid is accepted, to enter into the proposed Lease Agreement for the lease of 17,253 square feet usable (19,841 square feet rentable) of space in the Commonwealth Building located at 220 Church Avenue, S.W., Roanoke, Virginia 24011 for use as office space for a term of up to ten (10) years, subject to a provision where either party may terminate the lease without cause after the first five years and upon two years written notice. The entity to which such Lease is awarded shall first execute a bond with good and sufficient security in favor of the City in such amotmt as the City shall determine. Bid: Annual Rental Fee: DOLLARS ($ ) Bid Term: Commencing on 2005, and ending on ,2015. State the complete and legal name of Bidder. EXACT FIRM NAME OF BIDDER BY TITLE BUS1NESS ADDRESS CITY STATE MAILING ADDRESS (if different than business address) ZIP CODE TELEPHONE FAX NUMBER DIRECTIONS FOR MAILING BDS: If bids are sent by mail, they shall be sent by certified mail, return receipt requested. Opaque envelopes containing bids must be sealed, marked and addressed as follows: Roanoke City Council c/o City Clerk Room 456, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Please label in large letters on the front and back of envelope: "BID OF LEASE OF 17,253 USABLE (19,841 RENTABLE) SQUARE FEET OF SPACE 1N THE COMMONWEALTH BUILDING/NOT TO BE OPENED UNTIL COUNCIL MEETING AT 7:00 PM ON AUGUST 15, 2005" Project: Bid Form IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, AN ORDINANCE authorizing the lease of 17,253 usable (19,841 rentable) square feet of office and related space located within City-owned property known as the Commonwealth Building for a term of up to ten years subject to a provision whereby either party may terminate the lease after five years, ~vithout cause, upon two years written notice; authorizing the appropriate City officials to execute a Lease Agreement therefore; and dispensing with the second reading of this ordinance by title. WHEREAS, the City has, by advertisement published once a week for two consecutive weeks in a paper of general circulation published in the City, publicly invited bids for the award of a lease agreement for 17,253 usable (19,841 rentable) square feet of office space located inside the Commonwealth Building located at 220 Church Avenue, SW, Roanoke, VA, 24011 ("Property"); WHEREAS, __ bids for the lease extension were received and publicly opened at the Council meeting held on August 15, 2005; WHEREAS, the bid of , to be awarded the lease of certain space located in the Property for a term of up to ten years, subject to a provision whereby either party may terminate the lease after five years, without cause, upon two years written notice, was publicly opened at the Council meeting on August 15, 2005; WHEREAS, at such Council meeting, a public heating was held at which all persons were accorded a full and fair opportunity to comment with respect to the proposed lease of office space; and WHEREAS, Council found the bid of _, was the highest and most responsive bid made to the City for such office space, and Council is desirous of NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of ., to lease from the City 17, 253 usable (19,841 rentable) square feet of space located in the Commonwealth Building, lying at 220 Church Avenue, S.W., 24011, for a term of up to ten years, subject to a provision whereby either party may terminate the agreement without cause after the first five years and upon two years written notice, for use as office space, commencing on have been met, for an annual rental fee of of the remaining five years, is hereby ACCEPTED. ,2005, or as soon as all legal requirements for each of the first five years and __ foreach 2. The City Manager and City Clerk are hereby authorized, for and on behalf of the City, to execute a lease agreement between the City and for the Property, and to be in a form approved by the City Attorney. The Lease Agreement shall be for a term ofnp to ten years, subject to a provision whereby either party may terminate the lease without cause after the first five years and upon two years written notice, commencing on all legal requirements have been met, for an annual rental fee of years and __ 3. ,2005, or as soon as for each of the first five for each of the remaining five years. Any other bids received for this project are hereby REJECTED, and the City Clerk is directed to so notify each such bidder and to express to each the City's appreciation for such bids. 4. The City Manager is further authorized to file such further action and/or execute such further documents as may be necessary to implement and administer such agreement. 5. 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. MARY Ir. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, ~rmginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ ci.roanoke.va.us STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk August22,2005 Eugene M. Elliott, Jr., Attorney Suite 910, Wachovia Building 213 South Jefferson Street Roanoke, Virginia 24011-1787 File #51 REVISED I Dear Mr. Elliott: I am enclosing copy of Ordinance No. 37157-081505 amending certain conditions presently binding upon a tract of land located at 3361 Melrose Avenue, N. W., Official Tax No. 2660519, so that the property is zoned C-2, General Commercial District, with proffered conditions as set forth in the Second Amended Petition to Amend Proffers filed in the City Clerk's Office on July 27, 2005. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 15, 2005, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosure Eugene M. Elliott, Jr., Attorney August 22, 2005 Page 2 pc: Roanoke Country Club, P. O. Box 6069, Roanoke, Virginia 24017 Mr. Alton B. Prillaman, 2803 Stephenson Avenue, S. W., Roanoke, Virginia 24014 Mr. and Mrs. John R. Angle, 1018 Country Club Drive, N. W., Roanoke, Virginia 240:~7 WalterJ. and Randell Wilkerson, 1026 Country Club Drive, N. W., Roanoke, Virginia 24017 Mr. and Mrs. Clarence L. Hale, 1036 Country Club Drive, N. W., Roanoke, Virginia 24017 Ms. Cassandra M. Williams, 1024 Country Club Drive, N. W., Roanoke, Virginia 24017 Mr. Curtis M. Dillon and Mr. William G. Crouch, Jr., 285 Mountain Valley Road, Hardy, Virginia 24121 Mr. and Mrs. Michael L. Bell, P. O. Box 97, Salem, Virginia 24153 Ms. June S. Hoal, 3621 Oaklawn Avenue, N. W., Roanoke, Virginia 24012 HASI Partnership, P. O. Box 6023, Roanoke, Virginia 24017 Richard A. Rife, Chair, City Planning Commission, 1326 Grandin Road, S. W., Roanoke, Virginia 24015 Darlene L. Burcham, City Manager Rolanda B. Russell, Assistant City Manager for Community Development Martha P. Franklin, Secretary, City Planning Commission Nancy C. Snodgrass, Zoning Administrator Susan S. Lower, Director, Real Estate Valuation Karl S. Cooler, Building Commissioner Philip C. Schirmer, City Engineer IN THECOUNCILOFTHECITYOF ROANOKE, VIRGINIA, The 15th day of August, 2005. No. 37157-081505. AN ORDINANCE to amend {}{}36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 266, Sectional 1976 Zone Map, City of Roanoke, by amending certain conditions presently binding upon certain property previously conditionally zoned LM, Light Manufacturing District; and dispensing with the second reading by title of this ordinance. WHEREAS, Roanoke Investments Associated, Inc. has made application to the Council of the City of Roanoke to amend certain conditions presently binding upon a tract of land located at 3361 Mekose Avenue, N.W., being designated as Official Tax No. 2660519, which property was previously rezoned LM, Light Manufacturing, with proffers, by the adoption of Ordinance No. 29906, adopted January 16, 1990; WHEREAS, Roanoke Investments Associated, Inc. seeks to have the subject property zoned C-2, General Commercial District, with proffers as set forth in the Second Amended Petition to Amend Proffers filed in the City Clerk's Office on March 25, 2005. WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by {}36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on April 18, 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 amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the conditions now binding upon a tract of land located at 3361 Melrose Avenue, N.W., being designated as Official Tax No. 2660519, should be amended as requested, so that the property is zoned LM, Light Manufacturing, with proffers as set forth in the Second Amended Petition to Amend Proffers filed in the City Clerk's Office on July 27, 2005. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Sections 36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 266 of the Sectional 1976 Zone Map, City of Roanoke, be amended to reflect the changes in proffered conditions as shown in the Second Amended Petition to Amend Proffers filed in the City Clerk's Office on July 27, 2005, and as set forth in the report of the Planning Commission dated August 15, 2005, so that the subject property is zoned LM, Light Manufacturing, with such proffers. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. Architedural Review Board Board of Znning 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 August15,2005 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 Roanoke Investments Associated, Inc., represented by Eugene M. Elliott, Jr., Attorney, to amend proffered conditions on 2.615-acre tract of land located at 3361 Melrose Avenue, NW, and identified as Tax Map No. 2660519 Planning Commission Action: Planning Commission public hearing was held on Thursday, July 21, 2005. By a vote of 7-0, the Commission recommended approval of the request to amend proffered conditions. Background: A petition was filed on June 1,2005, to amend the proffered conditions on property located at 3361 Melrose Avenue, NW, identified as Tax Map No. 2660519. An amended petition was filed on July13, 2005. Asecond amended petition was filed onJuly 27, 2005. The majority of the property (2.184 acres) was rezoned from C-2, General Commercial District, to LM, Light Industrial District, on March 1, 1985. On January 16, 1990, an adjoining property (0.43 acres) was rezoned from RS-3, Residential Single-Family District, to LM and was combined with the larger parcel. At that time, the proffered condition on the larger parcel was amended and the current condition was placed on both parcels. The petition requests that the following proffer be repealed: The property shall be used only for one or more of the following purposes: Manufacturing establishments primarily engaged in the assembly of electrical appliances and telephonic, electronic or small mechanical equipment, instruments or devices; the manufacture of parts of use in any such appliances, equipment, instruments, or devices; or the assembly and/or packaging of textile materials. No outside storage will be permitted on the property in connection with any use. The petition further requests that the following proffers be adopted: The following uses shall not be permitted on the property: (a) (b) (c) (d) (e) (g) (h) (i) Outdoor advertising; Tractor trailer depots and repair facilities; General service establishments engaged in the repair or maintenance of motor vehicles or trailers; New commercial vehicle sales and service establishments; Towing services; Mobile home sales; Motor vehicle or trailer painting and body repair establishments; Wrecker services; Used commercial motor vehicle sales and service. 2. There shall be no outdoor storage permitted on the property. Landscaping shall be installed and maintained in accordance with the attached landscape plan prepared by Country Charm Landscape and dated July 21,2005, attached hereto as Exhibit I-A. The petitioner indicates the proposed use of the property as "production and storage of marketing materials, and as software design, production and maintenance." The concept plan indicates use of the existing building. The proposed use and concept plan are not being proffered. Surrounding land uses include residential, commercial, and industrial land uses. To the north is a 3.3 acre parcel used by Roanoke Country Club as an office and for parking associated with the golf club. The property is zoned C-1, Office District. To the northeast is a single-family dwelling on a large parcel owned by Roanoke Country Club, zoned RS-3, Residential Single-Family District. To the east is a vacant parcel that is split-zoned; the parcel is RS-3, Residential Single-Family District, on the 2 northern half and C-2, General Commercial District, on the southern half. Another adjacent parcel, occupied by a Virginia ABC retail store, is zoned C-2, General Commercial District. To the west are several residential uses and vacant parcels zoned C-1, Office District. To the south on the other side of Melrose Avenue are the Dixie Products showroom (zoned LM, Light Manufacturing District, conditional) and a car wash (zoned LM, Light Manufacturing District). Considerations: In the 1985 and 1990 rezonings, the use of the property was limited to a single land use through voluntary proffers. The proffered use essentially has the outward characteristics of an office use. While this limitation met the needs of the particular tenants at the time, it seriously hinders the future adaptive reuse and viability of the building and site. Vision 2001-2020 recommends: · Redevelopment of underused commercial and industrial sites as a Strategic Initiative (p. 58). · Revise zoning to permit small mixed-use (flex-space) development (p.62). While the two above recommendations are not directly applicable, the underlying principles apply to this case. They point to the need for flexibility to allow reuse of buildings. Also, the distinction between office and industrial uses is becoming increasingly blurred as these uses are frequently pursued as principal uses within the same building. The Villa Heights/Fairland Neighborhood Plan contains the following policy and action recommendations: · Support, retain, and expand business development that is compatible with neighborhood character and scale. Ensure good relationships between residential and commercial development through thoughtful site and building design and landscaping. Support new development in the area that will encourage the appropriate use, design, and scale consistent with existing land USe. The future land use plan identifies the property for industrial use based on the conditional LM zoning which has existed on the property since 1982. 3 Many of the uses permitted in the LM district would be incompatible with surrounding residential land uses and would not support the development goals of the Villa Heights/Fairland plan. Staff discussed these concerns with Mr. Elliott. In response, Mr. Elliot filed an amended petition which proffers that certain incompatible uses will not be permitted. In addition, outdoor storage would not be a permitted activity. In response to staff's concern about the lack of landscaping on the site, the second amended petition contains a proffered landscape plan which proposes the addition of 16 trees to mitigate the site's relationship to surrounding properties and the street frontages, as well as the large expanse of parking. Recommendation: By a vote of 7-0, the Commission recommended that City Council approve the second amended petition to amend proffered conditions. The amendment of proffered conditions will allow flexible, adaptive reuse of the building, which is consistent with the economic development policies of Vision 2001-2020 and the Villa Heights/Fairland Neighborhood Plan. The Planning Commission should recommend approval to City Council. Respectfully submitted, Richard A. Rife, Chairman City Planning Commission CC: Darlene L. Burcham, City Manager Rolanda Russell, Assistant City Manager William M. Hackworth, City Attorney Eugene M. Elliott, Jr., Attorney for the Petitioner 4 RS-3 2~0120 2~60109 288O116 C-1 286O5O1 C-1 266O414 2e~0518 28~]514 LM 3361 Melrose Avenue S.W. Tax Map No. 2660519 Zoning Districts Subject Property LM 2680515 RM~ SECOND AMENDED PETITION TO AMEND PROFFERED CONDITIONS IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Amendment of Proffered Conditions for New Tract 1(2.615 Acres) Fairview, 3361 Melrose Avenue, NW, Tax Map No. 2660519 TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: By Ordinance No. 29906-11690, at the request of Roanoke Investments Associated, Inc., City Council rezoned the property identified as Tax Map No. 2660519 from RS-3 to LM, with proffered conditions. A map of the property and concept plan is attached hereto as Exhibit 1. The Petitioner, Roanoke Investments Associated, Inc., owns said land in the City of Roanoke and requests that the conditions relating to said property be amended. The Petitioner has a commitment to lease the entire 29,000 square foot building located at 3361 Melrose Avenue, NW, subject to the amendment of the existing proffers on the premises, to National Business College for use in connection with its Marketing Department and IT Department. Approximately seventy-five (75)jobs would come into the City of Roanoke. Production and storage of marketing materials would occur on the premises, as well as software design, production and maintenance, for the sixteen (16) locations of NBC facilities located throughout Virginia. The Petitioner hereby requests that the following proffers enacted by Ordinance No. 29906-11690 be repealed: The property shall be used only for one or more of the following purposes: Manufacturing establishments primarily engaged in the assembly of electrical appliances and telephonic, electronic or small mechanical equipment, instruments or devices; the manufacture of parts for use in any such appliances, equipment, instruments, or devices; or the assembly and/or packaging of textile materials. No outside storage will be permitted on the property in conjunction with any use. Your Petitioner further requests that the following Proffers be adopted: 1. The following uses shall not be permitted on the property: (a) Outdoor advertising; (b) Tractor trailer depots and repair facilities; (c) General service establishments engaged in the repair or maintenance of motor vehicles or trailers; (d)New commercial vehicle sales and service establishments; (e) Towing services; (f) Mobile home sales; (g) Motor vehicle or trailer painting and body repair establishments; (h) Wrecker services; (i) Used commercial motor vehicle sales and service. 2. There shall be no outdoor storage permitted on the property. 3. Landscaping shall be installed and maintained in accordance with the attached landscape plan prepared by Country Charm Landscape and dated July 21, 2005, attached hereto as Exhibit 1-A. Owner believes that repealing and amending the existing proffers is consistent with the intent of the existing City Zoning Ordinance and the City's Comprehensive Plan, given the present, ever increasing commercial/industrial character of the neighborhood along Melrose Avenue, NW. The Petitioner believes that the subject amendment of proffers will further the intent and purposes of the City Zoning Ordinance and its Comprehensive Plan in that it will allow for a better use of the subject property. Attached as Exhibit 2 are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to and immediately across a street or road from the subject property. WHEREFORE, the Petitioner requests that the above-described repeal of the proffers be approved as herein set out in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this ~ ~7 day of~, 2005. Suite 9q'0, Wachovia Bldg. 213 So. Jefferson Street Roanoke, Va. 24011-1787 (540) 981-0164 Counsel for Petitioner Roanoke Investments Associated, Inc., owner PreSident ? EXHIBIT 1 .. Concept Plan 3361 Melrose Ave. BY: Ceunby Charm Lawnscape 349 Albema~e Ave. Parking Parking ?mee30'~-t .. Parking EXHIBIT 1-A COUNTRY CHARM LAWNSCAPE July 21, 2005 Landscaping Plan for 3361 Melrose Avenue, NW: 1. See attached plantings diagram. 2. All perimeter plantings shown on diagram to be large deciduous trees with a minimum canopy of 250 square feet at twenty years maturity. 3. All interior plantings shown on diagram to be small deciduous trees with a minimum canopy of one hundred square feet at twenty years maturity. 4. All plantings to be located as indicated on diagram subject to minor relocation due to possible locations of underground utilities; minimum number of trees to be planted shall be 16. 5. All plantings shall be maintained and replaced as necessary on an annual basis. EXHIBIT 2 Official Tax No./ Street Address Name of Property Owner Mailing Address 2660501 Roanoke Country Club, PO Box 6069 1039 Country Club Dr.,NW Inc. Roanoke, VA 24017 2660503 Roanoke Country Club, PO Box 6069 3323 Melrose Ave, NW Inc. Roanoke, VA 24017 2660518 2803 Stephenson Ave., SW 3341 Melrose Ave, NW Alton B. Prillaman Roanoke, VA 24014 2660110 Roanoke Country Club, PO Box 6069 Lts 6-10, pts 2-5 Cavalier Inc. Roanoke, VA 24017 Park 2660112 John R & Everleen H. 1018 Country Club Dr.,NW 1018 Country Club Dr, NW Angle Roanoke, VA 24017 2660113 John R & Everleen H. 1018 Country Club Dr.,NW Lots 13-14 Cavalier Park Angle Roanoke, VA 24017 2660114 Walter J. & Randell 1026 Country Club Dr, NW 1026 Country Club Dr, NW Wilkerson Roanoke, VA 24017 2660115 Clarence L. & Kristie L. 1036 Country Club Dr. NW Lots 21-22, Cavalier Park Hale Roanoke, VA 24017 2660129 Cassandra M Williams 1024 Country Club Dr, NW 1024 Country Club Dr, NW Roanoke, VA 24017 2660421 Curtis M. Dillon 285 Mountain Valley Rd 3406 Melrose Ave, NW William G. Crouch, Jr. Hardy, VA 24121 2660414 Michael L. & Katrina K. PO Box 97 3364 Melrose Ave, NW Bell Salem, VA 24153 2660424 June Swarm Hoal 3621 Oaklawn Ave, NW 3360 Melrose Ave, NW Roanoke, VA 24012 2660417 HASI Partnership PO Box 6023 3342 Melrose Ave, NW Roanoke, VA 24017 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times EUGENE M. ELLIOTT JR 213 SOUTH JEFFERSON SUITE 910, FIRST UNI ROANOKE VA 24011 REFERENCE: 80021367 07159318 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 vm~r~nVir inia. Sworn and subscribed before me this _~_-_day of August 2005. Witness my hand and PUBLISHED ON. 07/29 08/05 TOTAL COST: FILED ON: 237.82 08/05/05 KOIt~E OF r, JBLIC NF. AmN~ Billing Services Representative NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36. I, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, August 15, 2005, at 7:00 p.m., in the Council Chamber in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., on the question of amending proffered conditions presently binding upon a tract of land located at 3361 Melrose Avenue, N.W., and designated as Official Tax No. 2660519. 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, August 11, 2005. GIVEN under my hand this 27thday of July ,2005. Mary F. Parker, City Clerk. K:/NOTICES/N AP.3361 MELROSE AVENUE 081505 DOC Notice to Publisher: Publish in the Roanoke Times once on Friday, July 29, 2005 and Friday, August 05, 2005. Send affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 Send bill to: Eugene M. Elliott, Jr., Esquire Suite 910, Wachovia Building 213 South Jefferson Street Roanoke, Virginia 24011-1787 (540) 981-0164 Subj: Date: To: Petition Tuesday, August 9, 2005 11:17:56 AM To Roanoke City Council Roanoke City Council, Dear Council, The below listed home owners of Coach Homes ~ Southwoods are asking you to table the approval and adoption of the proposal to amend Proffered Conditions offere~ by Boone Homes ,Inc. identified as Offical Tax No. 12901 75 ............ /Z~~ 14. ~ ~A~ 3s)9 ,, ,, 15. ~o ~.~ ~ 17.~/~ ~" " ,, , ~d~ c~, ~oz y 8/9/05 America Online: Bobbybohonl Page 1 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICEOF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-maih clerk @ ci.roanoke.va.us August4,2005 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk File #51 Roanoke Country Club Mr. Alton B. Prillaman Mr. and Mrs. John R. Angle Walter J. and Randell Wilkerson Mr. and Mrs. Clarence L. Hale Ms. Cassandra M. Williams Mr. Curtis M. Dillon Mr. and Mrs. Michael L. Bell Ms. June S. Hoal HASI Partnership Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, August 15, 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 Eugene M. Elliott, Jr., Attorney, representing Roanoke Investments Associated, Inc., for amendment of proffered conditions with regard to the rezoning of a 2.615 acre tract of land located at 3361 Melrose Avenue, N. W., identified as Official Tax No. 2660519. This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning, Building and Development at 540-853-1730. 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 Hearings~Public Heatings 2005~Aug 05~Attoracys and Adjoining property Owners.dec MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICEOF THE CITY CLERK 21 $ Church Avenue, S.W. Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ ci.roanoke,va.u s August4,2005 File #51 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Eugene M. Elliott,.Jr., Attorney Suite 910, Wachovia Building 213 South Jefferson Street Roanoke, Virginia 24011-1787 Dear Mr. Elliott: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, August 15, 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 Roanoke Investments Associated, Inc., for amendment of proffered conditions with regard to the rezoning of a 2.615 acre tract of land located at 3361 Melrose Avenue, N. W., identified as Official Tax No. 2660519. 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 August 15 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosure K:~Public Hearings~Publi¢ Hearings 2005~ug 05~Attomeys and Adjoining Property Owners.doe MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, xra'ginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-maih clerk @ ci.roanoke.va.us July 27, 2005 File #51 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 second amended petition for rezoning received in the City Clerk's Office on July 27, 2005, from Eugene M. Elliott, Jr., Attorney, representing Roanoke Investments Associated, Inc., requesting amendment of proffered conditions with regard to the rezoning of 2.615 acres of land located at 336! Melrose Avenue, N. W., identified as Official Tax No. 2660519, which was previously rezoned pursuant to Ordinance No. 29906- 11690, from RS-3, Residential Single-Family District, to LM, Light Manufacturing District. Sincerely, //~ Ma--~ F. pa~r ker,~M7~:j'''''~¢''~ City Clerk MFP:ew Enclosures pc: The Honorable Mayor and Members of the Roanoke City Council Eugene M. Elliott, Jr., Attorney, Suite 910, Wachovia Building, 213 South Jefferson Street, Roanoke, Virginia 24011-1787 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 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, ~r~ginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ci.roanoke,va.us July 13, 2005 File #51 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 the first amended petition for rezoning received in the City Clerk's Office on July 13, 2005, from Eugene M. Elliott, Jr., Attorney, representing Roanoke Investments Associated, Inc., requesting amendment of proffered conditions with regard to the rezoning of 2.615 acres of land located at 3361 Melrose Avenue, N. W., identified as Official Tax No. 2660519, which was previously rezoned pursuant to Ordinance No. 29906- 11690, from RS-3, Residential Single-Family District, to LM, Light Manufacturing District. Mary F. Parker, CMC City Clerk MFP:ew Enclosures pc: The Honorable Mayor and Members of the Roanoke City Council Eugene M. Elliott, Jr., Attorney, Suite 910, Wachovia Building, 213 South Jefferson Street, Roanoke, Virginia 24011-1787 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 FIRST AMENDED PETITION TO AMEND PROFFERED CONDITIONS IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Amendment of Proffered Conditions for New Tract 1(2.615 Acres) Fairview, 3361 Melrose Avenue, NW, Tax Map No. 2660519 TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: By Ordinance No. 29906-11690, at the request of Roanoke Investments Associated, Inc., City Council rezoned the property identified as Tax Map No. 2660519 from RS-3 to LM, with proffered conditions. A map of the property and concept plan is attached hereto as Exhibit 1. The Petitioner, Roanoke Investments Associated, Inc., owns said land in the City of Roanoke and requests that the conditions relating to said property be amended. The Petitioner has a commitment to lease the entire 29,000 square foot building located at 3361 Melrose Avenue, NW, subject to the amendment of the existing proffers on the premises, to National Business College for use in connection with its Marketing Department and IT Department. Approximately seventy-five (75) jobs would come into the City of Roanoke. Production and storage of marketing materials would occur on the premises, as well as software design, production and maintenance, for the sixteen (16) locations of NBC facilities located throughout Virginia. The Petitioner hereby requests that the following proffers enacted by Ordinance No. 29906-11690 be repealed: The property shall be used only for one or more of the following purposes: Manufacturing establishments primarily engaged in the assembly of electrical appliances and telephonic, electronic or small mechanical equipment, instruments or devices; the manufacture of parts for use in any such appliances, equipment, instruments, or devices; or the assembly and/or packaging of textile materials. No outside storage will be permitted on the property in conjunction with any use. Your Petitioner further requests that the following Proffers be adopted: 1. The following uses shall not be permitted on the property: (a) Outdoor advertising; (b) Tractor trailer depots and repair facilities; (c) General service establishments engaged in the repair or maintenance of motor vehicles or trailers; (d)New commercial vehicle sales and service establishments; (e) Towing services; (f) Mobile home sales; (g) Motor vehicle or trailer painting and body repair establishments; (h) Wrecker services; (i) Used commercial motor vehicle sales and service. 2. There shall be no outdoor storage permitted on the property. 3. Landscaping shall be installed and maintained in accordance with the attached landscape plan prepared by Country Charm Lawnscape and dated July 13, 2005, attached hereto as Exhibit 1-A. Owner believes that repealing and amending the existing proffers is consistent with the intent of the existing City Zoning Ordinance and the City's Comprehensive Plan, given the present, ever increasing commercial/industrial character of the neighborhood along Melrose Avenue, NW. The Petitioner believes that the subject amendment of proffers will further the intent and purposes of the City Zoning Ordinance and its Comprehensive Plan in that it will allow for a better use of the subject property. Attached as Exhibit 2 are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to and immediately across a street or road from the subject property. WHEREFORE, the Petitioner requests that the above-described repeal of the proffers be approved as herein set out in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this /$~ay of t,7~.~ , 2005. ~,u, lgt~en~ - ]~llio~ ,tt~.-(VSB# 1 ~r~0~ w.~vS 't Iffy, WachoviaBldg. 213 So. Jefferson Street Roanoke, Va. 24011-1787 (540) 981-0164 Counsel for Petitioner Roanoke Investments Associated, Inc., owner By: dent - - EXHIBIT 1 MAP OF AREA TO BE REZONED AND CONCEPT PLAN EXHIBIT 1-A COUNTRY CHARM LAWNSCAPE Landscaping Plan for 336t Melrose Avenue, NW: 1. See attached plantings diagram. 2. All plantings to be crepe myrtle trees. 3. All plantings to be located as indicated on diagram subject to minor relocation due to possible locations of underground utilities; minimum number of trees to be planted shall be 14. 4. All plantings shall be maintained and replaced as necessary on an annual basis. Landscape Design Untitled Wednesday, July 13, 2005 Concept Plan 3361 Melrose Ave. BY: Cou~t~/Chan~ I.awtecape Parking < 273'> ~d in Island Parking · ~.4~.~ Parking Country Charm Lav~ reco~wn~ the use of Cra~ Myrt~ In 'dds Co~t~eflt pla~ !nstee/~lof ~e I~d i/~p~. Tree centm~d in island. EXHIBIT 2 Official Tax No./ Street Address Name of Property Owner Mailing Address 2660501 Roanoke Country Club, PO Box 6069 1039 Country Club Dr.,NXV Inc. Roanoke, VA 24017 2660503 Roanoke Country Club, PO Box 6069 3323 Melrose Ave, NW Inc. Roanoke, VA 24017 2660518 2803 Stephenson Ave., SW 3341 Melrose Ave, NW Alton B. Prillaman Roanoke, VA 24014 2660110 Roanoke Country Club, PO Box 6069 Lts 6-10, pts 2-5 Cavalier Inc. Roanoke, VA 24017 Park 2660112 John R & Everleen H. 1018 Country Club Dr.,NW 1018 Country Club Dr, NW Angle Roanoke, VA 24017 2660113 John R & Everleen H. 1018 Country Club Dr.,NW Lots 13-14 Cavalier Park Angle Roanoke, VA 24017 2660114 Walter J. & Randell 1026 Country Club Dr, NW 1026 Country Club Dr, NW Wilkerson Roanoke, VA 24017 2660115 Clarence L. & Kristie L. 1036 Country Club Dr. NW Lots 21-22, Cavalier Park Hale Roanoke, VA 24017 2660129 Cassandra M Williams 1024 Country Club Dr, NW 1024 Country Club Dr, NYV Roanoke, VA 24017 2660421 Curtis M. Dillon 285 Mountain Valley Rd 3406 Melrose Ave, NW William G. Crouch, Jr. Hardy, VA 24121 2660414 Michael L. & Katrina K. PO Box 97 3364 Melrose Ave, NW Bell Salem, VA 24153 2660424 June Swann Hoal 3621 Oaklawn Ave, NW 3360 Melrose Ave, NW Roanoke, VA 24012 2660417 HASI Partnership PO Box 6023 3342 Melrose Ave, NV~ Roanoke, VA 24017 TO THE CITY CLERK OF THE CiTY OF ROANOKE, VIRGINIA PERTAINING TO THE AMENDMENT OF PROFFERS REQUEST OF: Roanoke Investments Associated LLC, at 3361 Melrose ) Avenue, N.W., Tax No 2660519 )AFFIDAVIT COMMONWEALTH OF VIRGINIA TO-WIT: CITY OF ROANOKE The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 21st day of June, 2005, notices of a public hearing to be held on the 21st day of July, 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 2660501 2660503 2660110 Roanoke Country Club P O Box 6069 Roanoke, VA 24017 2660518 Alton B. Prillaman 2803 Stephenson Avenue, SW Roanoke, VA 24014 2660112 John and Everleen Angle 1018 Country Club Drive 2660113 Roanoke, VA 24017 2660114 WalterJ. And RandellWilkerson 1026 Country Club Drive Roanoke, VA 24017 2660115 Clarence L. and Kristie L. Hale 1036 Country Club Drive Roanoke, VA 24017 2550129 Cassandm M. Williams 1024 Country Club Drive Roanoke, VA 24017 2660421 Curtis M. Dillon William G. Crouch, Jr. 285 Mountain Valley Road Hardy, VA 24121 2660414 Michael and Katrina Bell P O Box 97 Salem, VA 24153 2660424 June Swann Hoal 3621 Oaklawn Avenue, NW Roanoke, VA 24012 2660417 HASI Partnership P O Box 6023 Roanoke, VA 24017 Notification also mailed to: Pat Reynolds, President, Villa Heights Crime Prevention Organization, 2628 Clifton Street, N.W.; Sylvia Washington, Villa Heights Crime Prevention Organization, 2787 Clifton Street, NW 24017 Martl4a Pace F(anklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 21st day of June, 2005. -N~tary Id U b'i~c- - My Commission Expires: ,//' - _~'¢¢ -~, MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: ($40) 853-2541 F~x: (540) 853-1145 E-mail: clerk~ci.roanoke.v~.us June 2, 2005 File #51 STEPHAN1E M. MOON 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 June 2, 2005, from Eugene M. EIliott, Jr., Attorney, representing Roanoke Investments Associated, inc., requesting repeal of certain proffered conditions pursuant to Ordinance No. 29906-11690 with regard to the rezoning of a tract of land located at 3361 Melrose Avenue, N. W., identified as Official Tax No. 2660519, from RS-3, Residential Single-Family District, to LM, Light Manufacturing District. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosures pc: The Honorable Mayor and Members of the Roanoke City Council Eugene M. Elliott, Jr., Attorney, Suite 910, Wachovia Building, 213 South Jefferson Street, Roanoke, Virginia 24011-1787 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 PETITION TO REPEAL PROFFERED CONDITIONS IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Repeal of Proffered Conditions for New Tract 1 (2.615 Acres)Fairview, 3361 Melrose Avenue, NW, Tax Map No. 2660519 TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF TIlE CITY OF ROANOKE: By Ordinance No. 29906-11690, at the request of Roanoke Investments Associated, Inc., City Council rezoned the property identified as Tax Map No. 2660519 from RS-3 to LM, with proffered conditions. A map of the property and concept plan is attached hereto as Exhibit 1. The Petitioner, Roanoke Investments Associated, Inc., owns said land in the City of Roanoke and requests that the conditions relating to said property be repealed. The Petitioner has a commitment to lease an approximately 11,300 square foot portion of the building located at 3361 Melrose Avenue, NW, subject to obtaining the release of the existing proffers on the premises, to National Business College for use in connection with its Marketing Department and IT Department. Approximately seventy-five (75) jobs would come into the City of Roanoke. Production and storage of marketing materials would occur on the premises, as well as software design, production and maintenance, for the sixteen (16) locations of NBC facilities located throughout Virginia. The aforesaid uses would be permitted under the existing uses allowed for LM zoning without the proffers. Owner believes that removing the existing proffers is consistent with the intent of the existing City Zoning Ordinance and the City's Comprehensive Plan, given the present, ever increasing commercial/industrial character of the neighborhood along Melrose Avenue, NW. The Petitioner believes that the subject repeal of proffers will further the intent and purposes of the City Zoning Ordinance and its Comprehensive Plan in that it will allow for a better use of the subject property. The Petitioner hereby requests that the following proffers enacted by Ordinance No. 29906-11690 be repealed: The property shall be used only for one or more of the following purposes: Manufacturing establishments primarily engaged in the assembly of electrical appliances and telephonic, electronic or small mechanical equipment, instruments or devices; the manufacture of parts for use in any such appliances, equipment, instruments, or devices; or the assembly and/or packaging of textile materials. No outside storage will be permitted on the property in connection with any use. Attached as Exhibit 2 are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to and immediately across a street or road from the subject property. WHEREFORE, the Petitioner requests that the above-described repeal of the proffers be approved as herein set out in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this/~day of ,~'*'*'~, 2005. Roanoke Investments Associated, Inc., owner Roanoke, Va. 24011-1787 (540) 981-0164 Counsel for Petitioner Pr~cl'ent t EXHIBIT 1 MAP OF AREA TO BE REZONED AND CONCEPT PLAN EXHIBIT 2 Official Tax No./ Street Address Name of Property Owner Mailing Address 2660501 Roanoke Country Club, PO Box 6069 1039 Country Club Dr.,NW Inc. Roanoke, VA 24017 2660503 Roanoke Country Club, PO Box 6069 3323 Melrose Ave, NW Inc. Roanoke, VA 24017 2660518 2803 Stephenson Ave., SW 3341 Melrose Ave, NW Alton B. Prillaman Roanoke, VA 24014 2660110 Roanoke Country Club, PO Box 6069 Lts 6-10, pts 2-5 Cavalier Inc. Roanoke, VA 24017 Park 2660112 John R & Everleen H. 1018 Country Club Dr.,NW 1018 Country Club Dr, NW Angle Roanoke, VA 24017 2660113 John R & Everleen H. 1018 Country Club Dr.,NW Lots 13-14 Cavalier Park Angle Roanoke, VA 24017 2660114 Walter J. & Randell 1026 Country Club Dr, NW 1026 Country Club Dr, NW Wilkerson Roanoke, VA 24017 2660115 Clarence L. & Kristie L. 1036 Country Club Dr. NW Lots 21-22, Cavalier Park Hale Roanoke, VA 24017 2660129 Cassandra M Williams 1024 Country Club Dr, NW 1024 Country Club Dr, NW Roanoke, VA 24017 2660421 Curtis M. Dillon 285 Mountain Valley Rd 3406 Melrose Ave, NW William G. Crouch, Jr. Hardy, VA 24121 2660414 Michael L. & Katrina K. PO Box 97 3364 Melrose Ave, NW Bell Salem, VA 24153 2660424 June Swann Hoal 3621 Oaklawn Ave, NW 3360 Melrose Ave, NW Roanoke, VA 24012 2660417 HASI Partnership PO Box 6023 3342 Melrose Ave, NW Roanoke, VA 24017 MARY E 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 August22,2005 File #51 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Edward A. Natt, Attorney Osterhoudt, Prillaman, Natt, Helscher, Yost, Maxwell and Ferguson P. O. Box 20487 Roanoke, Virginia 24018 Dear Mr. Natt: I am enclosing copy of Ordinance No. 37158-081505 amending conditions presently binding upon a tract of land located on Franklin Road, S. W., Official Tax No. 1290175, which property was previously rezoned by adoption of Ordinance No. 32777-121895, Ordinance No. 34406-080299, and Ordinance No. 35152- 120400 to reflect changes in proffered conditions as shown in the Second Amended Petition to Amend Proffers filed in the City Clerk's Office on August 1, 2005, so that the subject property is zoned RPUD, Residential Planned Unit Development District, with such proffers. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 15, 2005, and is in full force and effect upon its passage. Sincerely,/~,t~,.~7~' Ft~t.,~.~ Mary F. Parker, CMC City Clerk MFP:ew Enclosure Edward A. Natt, Attorney August 22, 2005 Page 2 pc: Commonwealth of Virginia, 215 Church Avenue, S. W., Room 250, Roanoke, Virginia 24011 Mr. and Mrs. Ronald Flint, 4060 Jae Valley Road, S. E., Roanoke, Virginia 240].4 Boone Boone & Loeb, Inc., 3922 Electric Road, S. W., Roanoke, Virginia 24018 Mr. and Mrs. Hal D. Shields, Trustees, 3369 Somercroft Court, S. W., Roanoke, Virginia 24014 Mr. and Mrs. George R. Ballata, 3361 Somercroft Court, S. W., Roanoke, Virginia 24014 Mr. and Mrs. Larry M. Lumsden, 3357 Somercroft Court, S. W., Roanoke, Virginia 24014 Mr. and Mrs. John R. Gilliam, P. O. Box 86].4, Roanoke, Virginia 24014 Mr. and Mrs. Richard V. Forth, 3349 Somercroft Court, S. W., Roanoke Virginia 24014 Mr. and Mrs. Bobby M. Bohon, 334]. Somercroft Court, S. W., Roanoke Virginia 24014 Mr. and Mrs. Frederick E. Black, Jr., 160 Island Green Drive, #8, Penhook Virginia 24137 Mr. and Mrs. William W. Johnson, 3333 Somercroft Court, S. W., Roanoke Virginia 24014 Mr. and Mrs. Michael D. Litz, 3329 Somercroft Court, S. W., Roanoke. Virginia 24014 Mr. and Mrs. Cranston Williams, Jr., 3325 Somercroft Court, S. W., Roanoke. Virginia 24014 Commonwealth of Virginia State Board, 3054 Colonial Avenue, S. W., Roanoke, Virginia 24015 Roanoke Associates, P. O. Box 2152, Roanoke, Virginia 24009 Richard A. Rife, Chair, City Planning Commission, 1326 Grandin Road, S. W., Roanoke, Virginia 24015 Darlene L. Burcham, City Manager Rolanda B. Russell, Assistant City Manager for Community Development Martha P. Franklin, Secretary, City Planning Commission Nancy C. Snodgrass, Zoning Administrator Susan S. Lower, Director, Real Estate Valuation Karl S. Cooler, Building Commissioner Philip C. Schirmer, City Engineer IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of August, 2005. No. 37158-081505. AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 129, Sectional 1976 Zone Map, City of Roanoke, by amending certain conditions presently binding upon certain property previously conditionally rezoned RPUD, Residential Planned Unit Development District; and dispensing with the second reading by title of this ordinance. WHEREAS, Boone Homes, Inc., of Roanoke has made application to the Council of the City of Roanoke to amend certain conditions presently binding upon a 10.224 acre tract of land located on Franklin Road, S.W., being designated as Official Tax No. 1290175, which property was previously rezoned by the adoption of Ordinance No. 32777-121895, adopted December 18, 1995, Ordinance No. 34406-080299, adopted August 2, 1999, and Ordinance No. 35152, adopted December 4, 2000; WHEREAS, Boone Homes, Inc., of Roanoke seeks to have the subject property zoned RPUD, Residential Planned Unit Development District, with proffers amended from those accepted by City Council in Ordinance No. 35152, adopted December 4, 2000; WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on August 15, 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 amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the conditions now binding upon a tract of land located on Franklin Road, S.W., being designated as Official Tax No. 1290175, which property was previously rezoned by the adoption of Ordinance No. 34406-080299, adopted August 2, 1999, Ordinance No. 32777-121895, adopted December 18, 1995, and Ordinance No. 35152, adopted December 4, 2000, should be amended, and that such property be zoned RPUD, Residential Planned Unit Development District, with proffers as set forth in the Second Amended Petition to Amend Proffers filed in the City Clerk's Office on August 1, 2005. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Sections 36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 129 of the Sectional 1976 Zone Map, City of Roanoke, be amended to reflect the changes in proffered conditions as shown in the Second Amended Petition to Amend Proffers filed in the City Clerk's Office on August 1, 2005, and as set forth in the report of the Planning Commission dated August 15, 2005, so that the subject property is zoned RPUD, Residential Planned Unit Development District, with such proffers. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. Architectural Re *rie"~ Board Board of Zoning Appeals Planning Commission CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning @ ci.roanoke.va.us August 15, 2005 Honorable Honorable Honorable Honorable Honorable Honorable Honorable C. Nelson Harris, Mayor Beverly T. Fitzpatrick, Jr., Vice Mayor M. Rupert Cutler, Council Member Alfred T. Dowe, Jr., Council Member Sherman P. Lea, Council Member Brenda L. McDaniel, Council Member Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Petition by Boone Homes, Inc. of Roanoke, represented by Edward A. Natt, Attorney, to amend proffered conditions on a lO.224-acre tract of land on Franklin Road, identified as Tax Map No. 1290] 75 Planning Commission Action: Planning Commission public hearing was held on Thursday, July 21, 2005. By a vote of 7-0, the Commission recommended approval of the amendment of proffered conditions. Background: On June 2, 2005, a petition was filed to amend proffered conditions on a 10.224-acre parcel identified as Tax Map No. 1290175. An amended petition was filed on June 23, 2005. A second amended petition was filed on August 1, 2005. The property is a section of the Southwood development. The property was rezoned from RM-2 to RPUD on December 18, ] 995. The conditions that are currently in effect were established by Ordinance No. 35152-120400, which amended the conditions previously placed on the property. Three changes to these proffered conditions are requested. The petition requests that the following proffers be repealed: (1) The property will be developed in substantial conformity with the site plan entitled "Development Concept for Section No. 3, Southwood, Prepared for Boone, Boone and Loeb, Inc." prepared by Lumsden and Associates, dated August 31,2000, a copy of which is attached hereto as Exhibit 3 [reference to former petition], subject to any changes required by the City during site plan review. (2) No parallel on-street parking will be permitted on streets less than 30 feet in width serving residential units. (3) That portion of the 23.571-acre parcel not being developed with the erection of structures or sidewalks as shown on the site plan identified in Paragraph 1 shall be retained as open space. (4) The residences constructed on the property shall not exceed 1- 1/2 stories, but in no case be higher than 31 feet from top of the floor of the first floor. Exposed basement and sub-footing heights would not be included in the 31-foot height limitation. (5) The grading of the property shall substantially conform with the approximate limits shown on the grading plan entitled "Proposed Grading Plan for Section No.3, Southwood," prepared by Lumsden Associates, P.C. under date of October 13, 2000, submitted as Exhibit 5 [reference to former petition]. (6) Landscaping shall be in accordance with the plan submitted as Exhibit 4 [reference to former petition] and shall include street trees, evergreen trees and hedges. In addition, any existing tree cover on the permanent open space which is disturbed during development of the property shall be replanted with one-half white pines and one-half deciduous trees which, at the time of planting, shall be a minimum of three to four feet in height and planted on a maximum of 30-foot on center. Replanted material shall be maintained by the property owner. (7) On-site signage will be limited to identification signage at the main entrance and identification and direction signage within the development. (8) The exterior of the residences shall be predominantly brick on all facades. (9) Driveways shall be blacktopped. (10) Sidewalks shall be installed as shown on Exhibit 4 [reference to former petition]. 2 (11) A homeowner's association shall be established to maintain the exterior of constructed residences and the grounds. Documentation of the establishment of the Association shall be provided to the City prior to the issuance of a Certificate of Occupancy. The petition requests that the following proffers be adopted: (1) The property will be developed in substantial conformity with the site plan entitled "Development Concept for Section No. 3, Southwood, Prepared for Boone, Boone and Loeb, Inc." prepared by Lumsden and Associates, dated August 31, 2000, a copy of which is attached hereto as Exhibit 2., subject to any changes required by the City during site plan review. (2) That portion of the 23.571-acre parcel not being developed with the erection of structures or sidewalks as shown on the site plan identified in Paragraph 1 shall be retained as open space. (3) The residences constructed on the property shall not exceed 1- 1/2 stories, but in no case be higher than 31 feet from top of the floor of the first floor. Exposed basement and sub-footing heights would not be included in the 31-foot height limitation. (4) The grading of the property shall substantially conform with the limits shown on the grading plan entitled "Southwood Amended Grading Limits, Section No. 5, The Coach Homes of Southwood," prepared by Lumsden Associates, P.C. under date of May 5, 2005, submitted as Exhibit 6. (5) Landscaping shall be in accordance with the plan submitted as Exhibit 4 enacted as part of Ordinance No. 35152-120400, attached hereto as Exhibit 7, and shall include street trees, evergreen trees and hedges. In addition, any existing tree cover on the permanent open space which is disturbed during development of the property shall be replanted with one-half white pines which, at the time of planting, shall be a minimum of three to four feet in height, and one-half deciduous trees which, at the time of planting, shall be two and one-half inches in caliper. All trees shall be planted so as not to exceed a spacing of thirty (30) feet on center. Replanted material shall be maintained by the property owner. (6) On-site signage will be limited to identification signage at the main entrance and identification and direction signage within the development. 3 (7) The exterior of the residences shall be ninety percent (90%) brick excluding siding on dormers and siding on rear gables. (8) Driveways shall be blacktopped. (9) Sidewalks shall be installed as shown on the original submittal. (10) A homeowner's association shall be established to maintain the exterior of constructed residences and the grounds. Documentation of the establishment of the Association shall be provided to the City prior to the issuance of a Certificate of Occupancy. The proposed amendment creates substantive changes to conditions (2), (5), (6), and (8). Condition (2) relating to prohibition of on-street parking is being removed. Amended condition (5) extends the limits of the area to be graded. Condition (6) is being amended to establish a minimum caliper of 2 ½ inches for deciduous trees to be planted to replace those lost as a result of grading in the permanent open space. Condition (8) is being amended to establish definitive minimum for the amount of brick to be used on the exterior of dwellings. Considerations: The proposed revision to the plan substantially increases the area to be graded in the in the reserved open space. The area is a wooded, steep hillside that ranges in grade from 28-35% slope. The revised grading plan extends the area to be graded an average of 28 feet farther down the hillside than shown in the original plan. The hillside abuts the Roy Webber Expressway. Proposed mitigation is through reforestation by planting a 50/50 mixture of deciduous and coniferous trees on 30-foot centers. The Zoning Administrator will require that the reforestation take place prior to issuance of any Certificates of Occupancy for this section of the development. The original grading plan resulted in less disturbed area, but required an artificial structure to retain the hillside. Notes on the plan indicate that the reason for the request is to avoid the need to construct a retaining wall which would range from 5 to 10 feet in height. The proposed amendment extends the graded area, but will eventually result in natural contours. With both proposals, there is an effort toward mitigation through reforestation. 4 Conditions (6) and (8) are being amended to provide definitive language. Condition (6), as currently written, only establishes a minimum height for trees at planting, which is appropriate for coniferous trees. However, the common measurement used for deciduous trees is a minimum caliper. Condition (8) replaces the term "predominantly brick" with a definitive 90% minimum, exclusive of dormers and gables. The Franklin Road/Colonial Avenue Area Plan designates the parcel for mixed residential development. Policy ECP3 of Vision 2001-2020 states, "Roanoke will protect steep slopes, ridgetops, and viewsheds within the city as important environmental and scenic resources and will cooperate regionally to protect such resources located outside the City." Both the original plan and the revised plan result in the removal of significant areas of mature forest on a steep hillside, which should be avoided as much as possible in light of the Vision 2001-2020 policy cited above. The resulting natural topography of the proposed plan is more desirable than a retaining wall and the tradeoff of having to increase the area graded is appropriate. Recommendation: By a vote of 7-0, the Commission recommended that City council approve the amendment of proffered conditions set forth in the petition. The revised grading plan, while it removes more forested area, will result in natural topography over the long term. Removal of the prohibition on on- street parking, designating a minimum caliper for deciduous trees, and designating a minimum amount of brick exterior are appropriate. Respectfully submitted, Richard A Rife, Chairman City Planning Commission CC: Darlene L. Burcham, City Manager Rolanda Russell, Assistant City Manager William M. Hackworth, City Attorney Edward Natt, Attorney for the Petitioner SECOND AMENDED PETITION TO AMEND PROFFERS IN RE: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Amendment of Proffered Conditions for a tract of land on Franklin Road identified as Tax Map No. 1290175, containing 10.2240 acres (Section 5, Southwood) and zoned Residential Planned Unit Development (RPUD) TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: By Ordinance No. 35152-120400 adopted December 4, 2000, at the request of BOONE, BOONE & LOEB, INC., City Council amended proffers for the property contained in Ordinance No. 34406-080299 (adopted August 2, 1999) and Ordinance No. 32777-121895 (adopted December 18, 1995). A copy of said Ordinance No. 351520-120400 is attached hereto as Exhibit 1, together with the site plan submitted therewith being attached hereto as Exhibit 2. Said parcel of land contains 10.2240 acres, more or less, and is zoned Residential Planned Unit Development (RPUD). A map of the subject property is attached hereto as Exhibit 3. A location map of the property is attached as Exhibit 4. A legal description of the subject property is attached as Exhibit 5. Your Petitioner herein, BOONE HOMES, INC. OF ROANOKE, a Virginia corporation, is the current owner of said parcel. Your Petitioner requests that the conditions relating to said property be amended as hereinafter set out. Your Petitioner believes that the subject amendment of proffers will fur[her the intent and purposes of the City Zoning Ordinance and its Comprehensive Plan in that \\JOLLY~SYS\USERS\CBaumgardner~ZONING\Boone Homes~2ND AMD PET AMD PROFFERS.doc Page I of 5 June 1, 2005 STERHOUDT, PRILLAMAN, IATT, HEL$CHER. YOST, <WELL & F£RGUSON, PLC ATTORNEYS-AT-LAW such amendment will allow the grading of the property to be undertaken in a manner that meets the City's requirements. Your Petitioner hereby requests that the following Proffers established by Ordinance No. 35152-120400 dated December 4, 2000, as hereinafter set out, be REPEALED: (1) The property will be developed in substantial conformity with the site plan entitled "Development Concept for Section No. 3, Southwood, Prepared for Boone, Boone and Loeb, Inc." prepared by Lumsden and Associates, dated August 31, 2000, a copy of which is attached hereto as Exhibit 3, subject to any changes required by the City during site plan review. (2) No parallel on-street parking will be permitted on streets less than 30 feet in width serving residential units. (3) That portion of the 23.571-acre parcel not being developed with the erection of structures or sidewalks as shown on the site plan identified in Paragraph 1 shall be retained as open space. (4) The residences constructed on the property shall not exceed 1-1/2 stories, but in no case be higher than 31 feet from top of the floor of the first floor. Exposed basement and sub-footing heights would not be included in the 31-foot height limitation. (5) The grading of the property shall substantially conform with the approximate limits shown on the grading plan entitled "Proposed Grading Plan for Section No. 3, Southwood," prepared by Lumsden Associates, P.C. under date of October 13, 2000, submitted as Exhibit 5. (6) Landscaping shall be in accordance with the plan submitted as Exhibit 4 and shall include street trees, evergreen trees and hedges. In addition, any existing tree cover on the permanent open space which is disturbed during development of the property shall be replanted with one-half white pines and one-half deciduous trees which, at the time of planting, shall be a minimum of three to four feet in height and planted on a maximum of 30-foot on center. ~\JOLLY~SYS\USERS\CBaumgardner~ZONING\Boone Homes~ND AMD PET AMD PROFFERS.doc Page 2 of 5 June 1, 2005 Replanted material shall be maintained by the property owner. (7) On-site signage will be limited to identification signage at the main entrance and identification and directional signage within the development. (8) The exterior of the residences shall be predominantly brick on all facades. (9) Driveways shall be blacktopped. (10) Sidewalks shall be installed as shown on Exhibit 4. (11) A homeowner's association shall be established to maintain the exterior of constructed residences and the grounds. Documentation of the' establishment of the Association shall be provided to the City prior to the issuance of a Certificate of Occupancy. Your Petitioner further requests that the following Proffers be ADOPTED: (1) The property will be developed in substantial conformity with the site plan entitled "Development Concept for Section No. 3, Southwood, Prepared for Boone, Boone and Loeb, Inc." prepared by Lumsden and Associates, dated August 31, 2000, attached hereto as Exhibit 2, subject to any changes required by the City during site plan review. (2) That portion of the 23.571-acre parcel not being developed with the erection of structures or sidewalks as shown on the site plan identified in Paragraph (1) shall be retained as open space. (3) The residences constructed on the property shall not exceed 1-1/2 stories, but in no case be higher than 31 feet from top of the floor of the first floor. Exposed basement and sub-footing heights would not be included in the 31-foot height limitation. (4) The grading of the property shall substantially conform with the limits shown on the grading plan entitled "Southwood Amended Grading Limits, Section No. 5, The Coach Homes of Southwood," prepared by Lumsden Associates, P.C. under date of May 5, 2005, submitted as \\JOLLY~SYS\USERS\CBaumgardner~ONING\Boone Homes\2ND AMD PET AMD PROFFERS.doc Page 3 of 5 June 1, 2005 Exhibit 6. (5) Landscaping shall be in accordance with the plan submitted as Exhibit 4 enacted as part of Ordinance No. 35152-120400, attached hereto as Exhibit 7, and shall include street trees, evergreen trees and hedges, in addition, any existing tree cover on the permanent open space which is disturbed during development of the property shall be replanted with one-half white pines which, at the time of planting, shall be a minimum of three to four feet in height, and one-half deciduous trees which, at the time of planting, shall be two and one-half inches in caliper. All trees shall be planted so as not to exceed a spacing of thirty (30) feet on center. Replanted material shall be maintained by the property owner. All such landscaping and all such replacement trees shall be maintained by the owner or owners of Tax Map No. 1290175. (6) On-site signage will be limited to identification signage at the main entrance and identification and directional signage within the development. (7) The exterior of the residences shall be ninety percent (90%) brick excluding siding on dormers and siding on rear gables. (8) Driveways shall be blacktopped. (9) Sidewalks shall be installed as shown on Exhibit 4 enacted as part of Ordinance No. 35152-120400. (10) A homeowner's association shall be established to maintain the exterior of constructed residences and the grounds. Documentation of the establishment of the Association shall be provided to the City prior to the issuance of a Certificate of Occupancy. Attached as Exhibit 8 are the names, addresses and tax numbers of the owner or owners of all tots or property immediately adjacent to and immediately across a street or road from the subject property. WHEREFORE, your Petitioner requests that the above-described amended proffers be approved as herein set out in accordance with the provisions of the Zoning \~JOLLY~SYS\USERS\CBaumgardner~ONING\Boone Homes\2ND AMD PET AMD PROFFERS.doc Page 4 of 5 June 1, 2005 Ordinance of the City of Roanoke. Respectfully submitted this ;~,(~ .day of 2005. Edward A. Natt, Esq, OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, P.L.C. P. O. Box 20487 Roanoke, VA 24018-0049 Phone: (540) 725-8180 Fax: (540) 774-0961 VSB #1104 \\JOLLY~SYS\USERS\CBaumgardner~.ONING\Soone Homes~2ND AMD PET AMD PROFFERS.doc Page 5 of 5 June 1, 2005 Me~ 05 05 11:18~ p.l iN THE COUNCIL OF TIIE CIT' The 4~h day of December, 2000. No. Post-it' Fax Nole 7671 35152-~20400, EXHIBIT AN OP,.DfNANCE to amend §§36.~3 and 36.1-4., Code of the City of' Roanoke (1979), as amended, and Sheet No. 129, Sectional 1976 Zone Map, Ciw. of' Roanoke. in order to amend cerxain conditions presently binding upon certairf property previously conditionally zoned C-l, Office District. WHEREAS, Boone, Boone and Loeb, Inc., filed an application to the Council of the City. of Roanoke to amend certain conditions presently binding upon a tract of land. containing 23.571~acres, more or less, lying between 1-581 and Franktin Road, S.W.. being a portion of a larger parcel designated as Official Tax No. 1290107, which property was previously conditionally rezoned by the adoption of Ordinance No. 34406-050299 adopted August 2, 1999, and Ordinance No. 32777-121895, adopted December 18, 1995. WHEREAS, the City-Planning Commission, which after giving proper notice to all concerned as required by §36.t-693, Code of the City of Roanoke (1979), as mended, and after conducting a public hearing on the matter, has made its recorm-nendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on November 20, 2000, 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 MaD, 05 05 11: 18a Lumsden Rssociate$ 540-772-S~45 p.2 both for and against the proposed and citizens were given an opportunffy to be heard, amendment; and WHEKEAS, this Council, after considering the aforesaid application, thc recommendation made to the Council by the Planning Commission, the Ci'o"s Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the conditions now binding upon a tract of land containing 23.571-acrcs. more or between I-581 and Franklin Road, S.W., and being a portion ora azger p~.rc-el d.~s gr~aTted as Offc'a Tax No. 1290107, and the matters presented at the public hearing, should be amended as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 129 of the Sectional 1976 Zone Map, City of Roanoke, be amended to reflect the changes in proffered conditions as shown in the Second Amended Petition to Amend Proffers .filed in the City Clerk's Office on November 9, 2000, and as set forth in the report of the Planning Commission dated November 20, 2000, and that Ordinance No. 3!406-080299, adopted August 2, 1999, and Ordinance No. 32777-121895, adopted December 18, 1995, be amended to reflect the changes in the proffered condition. ATTEST: City Clerk. SECOND AMENDED PETITION TOANIENDPROFFERS IN TFiE COI/~CIL OF THE CITY OF ROANOIZ-..E. VIRGIN'IA 1N RE: Request of Boone, Boone and Loeb, Inc., to amend Proffers contained in Ordinance No. 34406-080299 and Ordinance No. 32777-121895 with respect to Tax Map No. 1290197 as said proffers relate ~o 23.571 acres of those six tracts of land containing 60.53 acres located between 1-581 and Franklin Road in the City of Roanoke governed by Ordinance No. Ordinance 34406-080299 and Ordinance No, 32777-121895 TO THE HONORABLE IVLA. YOR AND 1VIEMBERS OF THE-COL'NC-IL OF THE CITY OF ROAaNOKE: Retirement Corranu.nity, Inc., owns land in the City of Roanoke originally containing 60.53 acres, more or less, which parcel was comprised of 52.83 acres being identified as Tax Map Nos. 1290105 and 1290171 and a portion of Tax Map No. 1290107, and zoned iR.PUD, Residential Plamaed Urdt Development, subject to certain proffers, and 7.70 acres, being identified as Tax Map No. 1290108 and a portion of Tax Map No. 1290107, and zoned C-2, General Corrm~ercial Dis~ct, subject to certain proffers. Thc Petitioner, Boone, Boone and Loeb, Inc. is the contract pumhaser for 23.571 acres of said parcel identified as a part of Tax Map 1290107. A map of the 23.571 acres is attached here to as Exlfibit I and a metes and bounds description is attached hereto'as Exhibit 2. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the ?etitioners request that the Proffers heretofore adopted with Ordinance No. 34406-080299 and Ordinance No. 32777-I21895 be amended a~ hereinafter set out. The Petitioners believe that the amendment of the Proffers relating to said property will enable t_he development of the property in an appropriate manner. G:\Dsdr~CBaumgardndr~ZON[NG~BoondBooacLocb 21'10 PET TO AMD PROP.dod I The Pelstioners', therefore, petition the City Council to amend Ordinance No. 34406- 080299 adopted August 2, 1999, and Ordinance No. 32777-121895 adopted December Ig, 1995, to provide that the proffers relatmo to the 2.~.571 acre parcel shall read as follows: The properly will be developed in substantial conformity with the site plan entitled "Development Concept for Section No. 3, Southwood, Prepared for Boone, Boone and Loeb, Inc.," prepared by Lumsden and Associates, dated Augu,st 31, 2000, a copy of which is attached hereto as Exhibit 3, subject to any changes required by the City during site plan review. No parallel on-street parking will be permitted on streets less than 30 feet in width serving residential units That portion of the 23.571-acre parcel not being developed with the mection of struc~res or sidewalks as shown on the site plan identified in Pm'agraph 1 shall be retained as open space. The residences constructed on the property shall not exceed 1 - 1/2 stories, but in no case be higher than 31 feet from top of the floor of the first floor. Exposed basement and sub-footing heights would not be included in the 31 foot height limitation. The grading of the property shall substantially conform with the approximate litmus shown on the grading plan entitled "Proposed Grading Plan for Section No. 3, Southwood", prepared by Lurnsden Associates, P.C. under date of October 13, 2000, submitted as Exhibit 5. Landscaping shall be in accordance with the plan submitted as Exhibit 4 and shall include street trees, evergreen trees and hedges. In addition, any existing tree cover on the permanent open space which is disturbgd during development of the property shall, be replanted with one-half white pines and one-half deciduous trees which, at the time of planting, shall be a minimum of three to four feet in height and planted on a maximum of 30--foot on center. Replanted material shall be maIntained by the property owner. On-site signage will be limited to identification signage at the main entrance and identification and directional signage within the development. The exterior of the residences shall be predominantly brick on all facades. G:\Uscrs\CBaumgardnerkZObllNG\BooneBooneLoeb 2ND PIT TO AMD PKOI' doc 2 9. Driveways shall be blacktopped. 10. Sidewalks shall be installed as sho~m on Exhibit ~-. 1 1. A homeowner's association shall be established to maintain the exterior of constructed residences and the grounds. Documentation of the establiskanen: of the Association shall bc provided to the City prior to the issuance of a Certificate of Occupancy. Attached as Exhibit 6 axe the na~nes, addresses and tax numbers of the owners of all lots or property immediately adjacent to or immediately across a street or road fi.om the property to be 'ezoned. - ...... 'WHER.EFORE, the Petitioner requests that the above-described amendSment be approved in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this ~- day of /Q ~F.~.~2-~ ,2000. Respectfully submitted, BOONE, BOONE AND LOEB, INC. Of Counsel O~AND LOEB, I[NC. xS]~:.o -_pr esident G:\Users\CBnumgardn~kZONING\BooncaooneLoeb 2ND PbT TO AMD PROF.rioc 3 O00~H.LNO$ '40 Map Output EXHIBIT .o 4 1290175 ' - Fax Server 5/20/2005 1:62 PAGE 002/002 Fax Server 0C7-26-2~8 11: 55 OSTERHOUDT FERGUSON N~TT L,~xl D~criodon BEGI]'~TING at a po~nt on the westerly ~ide of Kingsbm-'y Lane at ~e no~t com~ of ~e pmp~ of Ro~ke ~socia~es ~.B. 1355, Pg. 478 - T~ Map No. 1290134); ~ce leaving ~b~g L~e N. 46~ 08' 08" W. 887.81 f~t Io a ~int on ~e e~ly fi~t-of-wW alU. S. R~ute ~0; ~mce 15~ 31' 50" E. I28.68 f~ ~v~ a cho~ b~g ~d dis~ce of N- ~ 04' 30" E. 395.40 fe~ a ~st~ce of 396.73 f~t to a pang 695.26 feet to a po~t; ~ce lc~g U. S. Route 220, S. 46~ 47' 4T' E. 613.82 fegt to a point; ~ee S. ~ 15' 34" W. 577.15 feet lo a po~t; ~ce S. 23~ 00' 4W' W. 50.~ f~t to a po~t; ~ence wi~ a c~ed ~nc ~g a chord bc~g ~s~ce of~. 66"'35' 13" W. 4.54 f~ a len~ of 4.54 f~t; ~ence con~g wi~ ~e c~d ~e hav~g a chord b~ng ~d dist~ce of N. 01" 59' 13" W. 21.61 f~t, al~ of 26.89 feet lo a po~t; ~ce S. 62~ 12' 4T' W. 154.11 feet; ~ence ~th a c~ed l~e ~v~g a ~ord bc~g ~d dis~ce ors. 80" 12' 39" W. 16.97 feel ~ lea~ of 17.04 c~ line ha~ng a cha~ berg ~d ~st~ce alS. 5D~ 12' 41" W. 50.71 feet, a l~ of 51.54 fc~ c~ l~e ha~g a ~ord E. 40.94 f~t, a ~st~ce of 41.60 feet; thence co~ng c~ed ~e ha~g a chord b~g I~.09 f~ ~ dis~ec of 196.57 feet; ~ce S. 28" 30' 00~' W. 108.80 feet to a po~t; ~ce ~utinmg a cho~ be~ ~d diet,ce of N. len~ of ~.41 feet to ~e point ~d place of BEG~G, cont~ng 23.571 ~es ~d d~i~at~ ~ New T~ct 3A on ~e "Plat Sho~g lhe P~pe~ of R~I Co~, ~c.," ~ed by L~d~ ~ociat~, P.C. ~d~ d~e of Aught 9, 2~0_ O00~HlnOS ~0 8~iOH MO¥O0 ~H£ ADJOINING PROPERTY OWNER LISTING Address of Subject Properw: Tax Map No.: Applicant/Owner's Name: Franklin Road SW 1290175 BOONE HOMES, INC. OF ROANOKE ADJOINING PROPERTY OWNERS This list as follows are those property owners who own property beside, behind or across the street from the subject property noted above: Official Tax Number 1290122 Cad Road SW 1290129 Acreage W R Harbour 1290176 Kingsbury Court SW 1290193 3369 Somercroft Court SW 1290194 3365 Somercroft Court SW 1290195 3361 Somercroft Court SW CITY OF ROANOKE Owner's Name and Mailinq Address Commonwealth of Virginia 215 Church Avenue SW, Room 2250 Roanoke, VA 240.11 Ronald and Judy Flint 4060 Jae Valley Road SE Roanoke, VA 24014 Boone Boone & Loeb, Inc. 3922 Electric Road SW Roanoke, VA 24018 Mai D. and Diane E. Shields, Trustees 3369 Somercroft Cour[ SW Roanoke, VA 24014 Boone Boone & Loeb, Inc. 3922 Electric Road SW Roanoke, VA 24018 George R. and Carol J. Ballata 3361 Somercroft Court SW Roanoke, VA 24014 F.\I igFRF;\C, Baumaardner~ZONlNG\8oone Homos APO.doc Page 1 of 3 Official Tax Number 1290196 3357 Somercroft Court SW 1290197 3353 Somercroft Court SW 1290198 3349 Somercroft Court SW 1290199 3345 Somercroft Court SW 1290200 3341 Somercroft Court SW 1291201 3337 Somercroft Court SW 1291202 3333 Somercroft Court SW 1291203 3329 Somercroft Court SW 1291204 3325 Somercroft Court SW 1291205 3321 Somercroft Court SW CiTY OF ROANOKE Owner's Name and Mailinq Address Larry M. and Beverly H. Lumsden 3357 Somercroft Court SW Roanoke, VA 24014 John. R. and Adrienne A. Gilliam P. O. Box 8614 Roanoke, VA 24014 Richard V. and Cynthia Forth 3349 Somercroft Court SW Roanoke VA 24014 Boone Boone & Loeb, Inc. 3922 Electric Road SW Roanoke VA 24018 Bobby M. and Joenell M. Bohon 3341 Somercroft Court SW Roanoke VA 24014 Frederick E. Jr. & Mary L. Black 160 Island Green Ddve #8 Penhook VA 24137 William W. and Becky L. Johnson 3333 Somercroft Court SW Roanoke VA 24014 Michael D. and Karen V. Litz 3329 Somercroft Court SW Roanoke VA 24014 Cranston Jr. and Marilyn J. Williams 3325 Somercroft Court SW Roanoke VA 24014 Boone Boone & Loeb, Inc. 3922 Electric Road SW Roanoke VA 24018 F:\USERS\CBaumgardner~ZONING\Boone Homes APO.doc Page 2 of 3 Official Tax Number 1380201 3022 Colonial Avenue SW 5500114 834 Duke of Glouchester St. SW CITY OF ROANOKE Owner's Name and Mailinq Address Commonwealth of Virginia State Board 3054 Colonial Avenue SW Roanoke, VA 24015 Roanoke Associates P. Oi Box 2152 Roanoke, YA 24009 F:\USERS\CBaumgardner~.ONING\Boone Homes APO.doc Page 3 of 3 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times .................................................. + ........................ NATT, EDWARD A., ATTY. PO BOX 20487 3140 CHAPARRAL DR STE 200C ROANOKE VA 24018 REFERENCE: 80068694 07159330 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~_day of August 2005. Witness my hand and official seal.~r~ ~t~ ~ '.~_~_~_~_.~_ ~ .--Notary Public My commisoion eJ~ PUBLISHED ON: ~7/29 08/05 TOTAL COST: FILED ON: 232.76 o8/o5/os I G~U~EN under my hand this Authorize _~.~______~__.__~_'__J__, Billing Services Representative Signature NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, August 15, 2005, at 7:00 p.m., in the Council Chamber in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., on the question of amending proffered conditions presently binding upon a 10.224 acre tract of land located on Franklin Road, and designated as Official Tax No. 1290175. 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, August 11, 2005. GIVEN under my hand this 27thday of July ,2005. Mary F. Parker, City Clerk. Notice to Publisher: Publish in the Roanoke Times once on Friday, July 29, 2005 and Friday, August 05, 2005. Send affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 Send bill to: Edward A. Natt, Esquire Osterhoudt, Prillaman, Natt, Helscher, Yost, Maxwell & Ferguson, P.L.C. P. O. Box 20487 Roanoke, Virginia 24108-0049 (540) 725-8180 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 August4,2005 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk File #51 Commonwealth of Virginia Mr. and Mrs. Ronald Flint Boone Boone & Loeb, Inc. Mr. and Mrs. Hal D. Shields, Trustees Mr. and Mrs. George R. Ballata Mr. and Mrs. Larry M. Lumsden Mr. and Mrs. John R. Gilliam Roanoke Associates Mr. and Mrs. Richard V. Forth Mr. and Mrs. Bobby M. Bohon Mr. and Mrs. Frederick E. Black, Jr. Mr. and Mrs. William W. Johnson Mr. and Mrs. Michael D. Litz Mr. and Mrs. Cranston Williams, Jr. Commonwealth of Virginia State Board Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted bythe Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, August 15, 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 Edward A. Natt, Attorney, representing Boone Homes, Inc. of Roanoke, to Amend Proffered Conditions in connection with the rezoning of a tract of land located on Franklin Road, S. W., identified as Official Tax No. 1290175, containing 10.2240 acres. This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning, Building and Development at 540-853-1730. 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 KSPublic Hearings~Public Hearings 2005~Aug 05~Attomeys and Adjoining Property Owners.doc MARY F. PARKER, CMC City Clerk CITY OF ROANOKE · OFFICEOF 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 August2,2005 File #51 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Edward A. Natt, Attorney Osterhoudt, Prillaman, Natt, Helscher, Yost, Maxwell and Ferguson P. O. Box 20487 Roanoke, Virginia 24018 Dear Mr. Natt: Pursuant to provisions of Resolution No. 25523 adopted bythe Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, August 15, 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 Boone Homes, Inc. of Roanoke, for Amendment of Proffered Conditions in connection with the rezoning of a tract of land located on Franklin Road, S. W., identified as Official Tax No. 1290175, containing 10.2240 acres. 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 August 15 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosure K:~Public Heaxings~Public Heatings 2005~Aug 05~At~omeys and Adjoining Proper~ Owners.doc MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, 'v-uginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ ci.roanoke.va.us STEPI-IANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk August 1, 2005 File #51 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 second amended petition received in the City Clerk's Office on August 1, 2005, from Edward A. Natt, Attorney, representing Boone Homes, Inc. of Roanoke, requesting Amendment of Proffered Conditions in connection with the rezoning of a tract of land located on Franklin Road, S.W., identified as Official Tax No. 1290175, containing 10.2240 acres, as set forth in Ordinance No. 35152-120400. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosures Richard A. Rife, Chair August 1, 2005 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Edward A. Natt, Attorney, Osterhoudt, Prillaman, Natt, Helscher, Yost, Maxwell & Ferguson, P. O. Box 20487, Roanoke, Virginia 24018-0049 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 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE AMENDMENT OF PROFFERED CONDITIONS REQUEST OF: Boone Homes Inc. of Roanoke on Franklin Road, S.W., ) )AFFIDAVIT Official Tax No. 1290175 COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 21st day of June, 2005, notices of a public hearing to be held on the 21st day of July, 2005, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Tax No. 1290122 1290129 1290176 1290194 1290199 1291205 1290193 1290195 1290196 1290197 1290198 1290200 1291201 1291202 1291203 Name Commonwealth of VA Ronald and Judy Flint Boone Boone & Loeb Hal and Diane Shields, Trustees George and Carol Ballata Larry and Beverly Lumsden John and Adrienne Gilliam Richard and Cynthia Forth Bobby and Joenell Bohon Frederick and Mary Black William and Becky Johnson Michael and Karen Litz Address 215 Church Avenue, SW 4060 Jae Valley Road, SE Roanoke, VA 24014 3922 Electric Road, SW Roanoke, VA 24018 3369 Somercrcft Court, SW Roanoke, VA 24014 3361 Somercreft Court, SW Roanoke, VA 24014 3357 Somercroft Court, SW Roanoke, VA 24014 P O Box 8614 Roanoke, VA 24014 3349 Somercroft Court Roanoke, VA 24014 3341 Somercroft Court Roanoke, VA 24014 160 Island Green Drive #8 Penhook. VA 24137 3333 Somercrcff Court Roanoke, VA 24014 3329 Somercreff Court Roanoke, VA 24014 1291204 Cranston and Marilyn Williams 3325 Somercroft Court Roanoke, VA 24014 5500114 Roanoke Associates PO Box 2152 Roanoke, VA 24015 Norfolk and Southern Railway 110 Franklin Road, SW Roanoke, VA 24011 Also mailed to: Janet Scheid, Roanoke County Planning, P O Box 29800, 24018; Frank Smith, Neighbors in S. Roanoke, 3021 Rosalind Avenue, S.W., and Barbara Duerk, Neighbors in S. Roanoke, 2607 Rosalind Avenue, S.W., 24014 Ma~tha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 21st day of June, 2005. Notary Public My Commission Expires: MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: ¢lcrk@cLroanoke.va.us STEPHANIE M. MOON Deputy City Clerk SHEII~ N. HARTMAN Assistant City Clerk June 23, 2005 File #51 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 an amended petition received in the City Clerk's Office on June 23, 2005, from Edward A. Natt, Attorney, representing Boone Homes, Inc. of Roanoke, requesting Amendment of Proffered Conditions in connection with the rezoning of a tract of land located on Franklin Road, S. W., identified as Official Tax No. 1290175, containing 10.2240 acres, as set forth in Ordinance No. 35152-120400. Mary F. Parker, CMC City Clerk MFP:ew Enclosures Richard A. Rife, Chair June 23, 2005 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Edward A. Natt, Attorney, Osterhoudt, Prillaman, Natt, Helscher, Yost, Maxwell & Ferguson, P. O. Box 20487, Roanoke, Virginia 24018-0049 Susan S. Lower, Director, Real Estate Valuation Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Edward A. Natt Please reply to: P. O. Box 20487 Roanoke, VA 24018 Direct: (540) 725-8180 Fax: (540) 774-0961 E-mail: enatt@opnlaw.com 0STERHOUDT, PRILLAMAN, 'NATT, HEL$CHER, Yos~r, MxxweL~ & F]~uso~, PLC ~_]lZb0 C)HAPARRAL DRIVE, SUITi~I FAX(5,$O) 772-0120 June 23,2005 HAND-DELIVERED Mary Parker, City Clerk 456 Municipal Bldg. 215 Church Avenue, SW Roanoke, VA 24011 Re: Amendment of Proffers Tax Map No. 1290175 Dear Mary: Enclosed please find the original and two copies of the Amended Petition to Amend Proffers with exhibits attached relating to the above. Should you have any questions or need anything further, please feel free to give me a call. Thanking you in advance for your attention to this matter, I am Very truly yours, EAN/csb Enclosures pc: OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, P.L.C. Edward A. Natt HAND-DELIVERED Chris Chittum, Senior Planner City of Roanoke 215 Church Avenue, SW Municipal Building, Room 166 Roanoke, VA 24011 pc: Mr. Len Boone Boone Homes of Roanoke, Inc. 3906 Ele~ric Road Roanoke, VA 24018-4513 OSTERHOUDT, PRILLAMAN, NATT. HELSCHER, YOST. MAXWELL& FERGUSON. PLC ATTORNEYS-AT-LAW ROANOKE, VIRGINIA AMENDED PETITION TO AMEND PROFFERS IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Amendment of Proffered Conditions for a tract of land on Franklin Road identified as Tax Map No. 1290175, containing 10.2240 acres (Section 5, Southwood) and zoned Residential Planned Unit Development (RPUD) TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: By Ordinance No. 35152-120400 adopted December 4, 2000, at the request of BOONE, BOONE & LOEB, INC., City Council amended proffers for the property contained in Ordinance No. 34406-080299 (adopted August 2, 1999) and Ordinance No. 32777-121895 (adopted December 18, 1995). A copy of said Ordinance No. 351520-120400 is attached hereto as Exhibit 1, together with the site plan submitted therewith being attached hereto as Exhibit 2. Said pamel of land contains 10.2240 acres, more or less, and is zoned Residential Planned Unit Development (RPUD). A map of the subject property is attached hereto as Exhibit 3. A location map of the property is attached as Exhibit 4. A legal description of the subject property is attached as Exhibit 5. Your Petitioner herein, BOONE HOMES, INC. OF ROANOKE, a Virginia corporation, is the current owner of said pamel. Your Petitioner requests that the conditions relating to said property be amended as hereinafter set out. Your Petitioner believes that the subject amendment of proffers will further the intent and purposes of the City Zoning Ordinance and its Comprehensive Plan in that \\JOLLY\SYS\USERS\CBaumgardner~.ONING\Boone Homes AMD PET AMD PROFFERS.doc Page I of 5 June 1, 2005 OSTERHOUDT, PRILLAMAN, NATT, HEL$CHER, YOST, MAXWELL & FERgUSON, PLC ATTORNEYS AT-LAw ROANOKE, VIRGINIA E4OI8-0049 such amendment will allow the grading of the property to be undertaken in a manner that meets the City's requirements. Your Petitioner hereby requests that the following Proffers established by Ordinance No. 35152-120400 dated December 4, 2000, as hereinafter set out, be REPEALED: (1) The property will be developed in substantial conformity with the site plan entitled "Development Concept for Section No. 3, Southwood, Prepared for Boone, Boone and Loeb, Inc." prepared by Lumsden and Associates, dated August 31, 2000, a copy of which is attached hereto as Exhibit 3, subject to any changes required by the City during site plan review. (2) No parallel on-street parking will be permitted on streets less than 30 feet in width serving residential units. (3) That portion of the 23.571-acre parcel not being developed with the erection of structures or sidewalks as shown on the site plan identified in Paragraph 1 shall be retained as open space. (4) The residences constructed on the property shall not exceed 1-1/2 stories, but in no case be higher than 31 feet from top of the floor of the first floor. Exposed basement and sub-footing heights would not be included in the 31-foot height limitation. (5) The grading of the property shall substantially conform with the approximate limits shown on the grading plan entitled "Proposed Grading Plan for Section No. 3, Southwood," prepared by Lumsden Associates, P.C. under date of October 13, 2000, submitted as Exhibit 5. (6) Landscaping shall be in accordance with the plan submitted as Exhibit 4 and shall include street trees, evergreen trees and hedges. In addition, any existing tree cover on the permanent open space which is disturbed during development of the property shall be replanted with one-half white pines and one-half deciduous trees which, at the time of planting, shall be a minimum of three to four feet in height and planted on a maximum of 30-foot on center. \\JOLLY~SYS\USERS\CBaumgardner~ZONING\Boone Homes AMD PET AMD PROFFERS.doc Page 2 of 5 June 1, 2005 OSTERHOUDT, PRILLAMAN, NATT, HEL$CHER, YOST, MAXWELL & FERGU$ON, PLC ATTORNEYS-AT LAW ROANOKE, VIRGINIA ~4018 0049 Replanted material shall be maintained by the property owner. (7) On-site signage will be limited to identification signage at the main entrance and identification and directional signage within the development. (8) The exterior of the residences shall be predominantly brick on all facades. (9) Driveways shall be blacktopped. (10) Sidewalks shall be installed as shown on Exhibit 4. (11) A homeowner's association shall be establishedto maintain the exterior of constructed residences and the grounds. Documentation of the establishment of the Association shall be provided to the City prior to the issuance of a Certificate of Occupancy. Your Petitioner further requests that the following Proffers be ADOPTED: (1) The property will be developed in substantial conformity with the site plan entitled "Development Concept for Section No. 3, Southwood, Prepared for Boone, Boone and Loeb, Inc." prepared by Lumsden and Associates, dated August 31, 2000, attached hereto as Exhibit 2, subject to any changes required by the City during site plan review. (2) No parallel on-street parking will be permitted on streets less than 30 feet in width serving residential units. (3) That portion of the 23.571-acre parcel not being developed with the erection of structures or sidewalks as shown on the site plan identified in Paragraph (1) shall be retained as open space. (4) The residences constructed on the property shall not exceed 1-1/2 stories, but in no case be higher than 31 feet from top of the floor of the first floor. Exposed basement and sub-footing heights would not be included in the 31-foot height limitation. (5) The grading of the property shall substantially conform with the limits shown on the grading plan entitled \\JOlLY~SYS\USERS\CBaumgardner~.ONING\Boone Homes AMD PET AMD PROFFERS.doc Page 3 of 5 June 1,2005 OSTERHOUDT, PRIL~MAN, NATT, HELSCHER~ YOST, MAXWELL & FERGUSON, PLC ATTORNEYS-AT-LAw ROANOKE, VIRGINIA 24018-0049 "Southwood Amended Grading Limits, Section No. 5, The Coach Homes of Southwood," prepared by Lumsden Associates, P.C. under date of May 5, 2005, submitted as Exhibit 6. (6) Landscaping shall be in accordance with the plan submitted as Exhibit 4 enacted as part of Ordinance No. 35152- 120400, attached hereto as Exhibit ?, and shall include street trees, evergreen trees and hedges. In addition, any existing tree cover on the permanent open space which is disturbed during development of the property shall be replanted with one-half white pines which, at the time of planting, shall be a minimum of three to four feet in height, and one-half deciduous trees which, at the time of planting, shall be two and one-half inches in caliper. All trees shall be planted so as not to exceed a spacing of thirty (30) feet on center. Replanted material shall be maintained by the property owner. (7) On-site signage will be limited to identification signage at the main entrance and identification and directional signage within the development. (8) The exterior of the residences shall be ninety percent (90%) brick excluding siding on dormers and siding on rear gables. (9) Driveways shall be blacktopped. (10) Sidewalks shall be installed as shown on the original submittal. (11) A homeowner's association shall be established to maintain the exterior of constructed residences and the grounds. Documentation of the establishment of the Association shall be provided to the City prior to the issuance of a Certificate of Occupancy. Attached as Exhibit 8 are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to and immediately across a street or road from the subject property. WHEREFORE, your Petitioner requests that the above-described amended proffers be approved as herein set out in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. \\JOLLY~SYS\USERS\CBaumgardneAZONING\Boone Homes AMD PET AMD PROFFERS.doc Page 4 of 5 June 1, 2005 OST£RHOUDT, PRILLAMAN, NATT, HEL$CHER, YOST, MAXW£LL & F£RGUSON, PLC ATTORNEYS AT-LAW ROANOKE, VIRGINIA 24OI8-QO49 Respectfully submitted this ~-~ day of ~'~- Petitioner/Owner: BO~;~. S~C.. OF ROANOKE Edward A. Natt, Esq. OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, P.L.C. P. O. Box 20487 Roanoke, VA 24018-0049 Phone: (540) 725-8180 Fax: (540) 774-0961 VSB #1104 ,2005. \\JOLLY~SYS\USERS\CBaumga~ner~ZONING\Boone Homes AMD PET AMD PROFFERS.doc Page 5 of 5 June 1,2005 U5 iI:lSa p.1 IN THE COUNCIL OF THE C[T The 4th day of December, 2000. No. ~ C)(,,~P°st'it' Fax No~e 7671_i EXHiBiT 35 152- 120400. AN ORDFNANCE to amend §§36l'1-3 and 36.1-4, Code of the CiD/ of Roanoke (1979), as amended, and Sheet No. 129, Sectional 1976 Zone Map, City. of Roanoke. in order to amend certain conditions presently binding upon certai~ p-roper~y previously, conditionally zoned C-I, Office District. WHEREAS, Boone, Boone and Loeb, Inc., filed an application to the Council of the City. of Roanoke to amend certain conditions presently binding upon a tract of land- containing 23.571-acres, more or less, lying between 1-581 and Franklin Road, S.W.. being a portion o fa larger parcel designated as Official Tax No. 1290107, which property was prey iously conditionally rezoned by the adoption of Ordinance No. 34406-080299 adopted August 2, 1999, a~d Ordinance No. 32777-121895, adopted December lg, 1995. 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 aNer conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on November 20, 2000, after due and timely notice thereof as required by §36. |- 693, Code of the City of Roanoke (I 979), as amended, at which hearing ail parties in interest Ma~, 05 05 11: 18~ LumsOen ~ssoc~ate$ 540-'772-~445 and citizens were given an opportunity to be heard, both for and against the proposed amendment; and W'HER_EAS, this recommendation made Council, after considering the aforesaid application, thc to the Council by the Planning Commission, [he City's Comprehensive Plan, and the matters presetS[ed at the public hearing, is o f the opinion that the conditions now binding upon a tract of [and containing 23.571-acres. more ur between 1-58 [ and Franklin Road, S.W, and being a. port'.on o~' a i~ger parcel ~1.esigfi-dted as Official Tax No. 1290!.07, and the matters presented at the public hearing, should be amended as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §§36.1,-3 and 36.1,-4, Code of the City of Roanoke (!.979), as amended, and Sheet No. 1.2'-) of the Sectional 1976 Zone Map, City of Roanoke, be amended to re~ect the changes in proffered conditions as shown in the Second Amended Petition to Amend Proffers filed in the City Clerk's Office on November 9, 2000, and as set fo~h in the report of the Planning Corrunission dated November 20, 2000, and that Ordinance No. 34406-080299, adopted August 2, !.999, and Ordinance No. 32777-121.895, adopted December 18, 1995, be amended to reflect the changes in the proffered condition. ATTEST: City Clerk. ~ O~ 05 11: I8~ LumsdeP ~s$oc~8~es $~© ?V8 ~4~ p.3 SECOND AMENDED PETITIONTOAMENDPROFFERS IN THE COUNCIL OF THE CITY OF ROAaNOKE, VIRGINIA IN RE: Request of Boone, Boone and Loeb, Inc., to amend Proffers contained in Ordinance No. 3440H080299 and Ordinance No. 32777-121895 with respect to Tax Map No. 129010~7 as said proffers relate to 23.571 acres of those six tracts of land containing 60.53 acres located bem'een 1-581 and Franklin Road in the City of Roanoke governed by Ordinance No. Ordinance No. 34406-080299 and Ordinance No. 32777-121895 TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROAxNOKE: Retirement Community, Inc., owns land in the City of Roanoke originally containing 60.53 acres, more or less, which parcel was comprised of 52.83 acres being identified as Tax Map Nos. 1290105 and 1290171 and a portion of Tax Map No. 1290107, and zoned RPUT), Residential Planned Unit Development, subject to certain proffers, and 7.70 acres, being identified as Tax Map No. 1290108 and a portion of Tax Map No. 1290107, and zoned C-2, General Commercial District, subject to certain proffers. The Petitioner, Boone, Boone and Loeb, Inc. is the contract purchaser for 23.571 acres of said parcel identified as a part of Tax Map 1290107. A map of the 23.571 acres is attached here to as Extfibit 1 and a metes and bounds description is attached hereto'as Exhibit 2. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioners request that the Proffers heretofore adopted with Ordinance No. 34406-080299 and Ordinance No. 32777-121895 be amended as hereinafter set out. The Petitioners believe that the amendment of the Proffers relating to said property will enable the development of the property in an appropriate manner. G:\Uscrs\CBaumgardner~ZONlNGhBooneBoon~'Loeb 2ND PET TO AMD ?ROf.doc The Petitioners', therefore, petition the City Council to amend Ordinance No. 34406- 080299 adopted August 2, 1999, and Ordinance No. 32777 121895 adopted December 18, 1995, to provide that the proffers relating to the 23.571 acre parcel sha[I read as follows: The property will b: developed in substantial conformity with the site plan entitled "Development Concept for Section No 3, Southwood, Prepared for Boone, Boone and Loeb, Inc.," prepared by Lumsden and Associates, dated August 31, 2000, a copy of which is attache~, hereto as Exhibit 3, subject to any changes required by the City dunng site plan review. No parallel on-street parking will be permitted on streets less than 30 feet m width serving residential umts .... That portion of the 23.571-acre parcel not being developed with the erection of structures or sidewalks as shown on the site plan identified in Paragraph 1 shall be retained as open space. The residences constructed on the property shall not exceed 1 -1/2 stories, but in no case be higher than 31 feet from top of the floor of the first floor. Exposed basement and sub-footing heights would not be included in the 3 l foot height limitation. The grading of the property shall substantially conform with the approximate limits shown on the grading plan entitled "Proposed Grading Plan for Section No. 3, Southwood', prepared by Lumsden Associates, P.C. under date of October 13, 2000, submitted as Exhibit 5. Landscaping shall be in accordance w/th the plan submitted as Exhibit 4 and shall include street trees, evergreen trees and hedges. In addition, any existing tree cover on the permanent open space which is disturbed during development of the property .shall be replanted with one-half white pines and one-half deciduous trees which, at the tLme of planting, shall be a min/mum of tttree to four feet in height and planted on a maximum of 30-foot on center. Replanted material shall be maintained by the property owner. On-site signage will be limited to identification signage at the main entrance and identification and directional signage with/n the development. The exterior of the residences shall be predominantly brick on all facades. G:\Users\C~laumgardnerkZONING\BooncgooneLocb 2ND PET TO AMD ? ROF doc 2 ~a~ 05 05 1 1: 1Sa Lumsden Rssoc~ate$ $~0-??~ S~% 9. Driveways shall be blacktopped. 10. Sidewalks shall be installed as shov,m on Ex2fibit 4. 11. A homeowner's association shall be established to maintain the exterior of constructed residences and the grounds. Documentation of the establistunent of Association shall be provided to the Ci~ prior to ~c issuance of a Certificate o£ Occupancy. Attached as Ex_kibit 6 are the na~nes, addresses and tax numbers of the owners of all lots or property immediately adjacent to or irmmediately across a street or road from the property to be ezoned. - WHEREFORE, the Petitioner requests that the above-described amendment be approved n accordance with the provisions of the Zoning Ordinance of the City o£ Roanoke. RespectfuIIy submitted this ~- day of' /~} ~.,~--,4 ,2000. Respectfully submitted, BOONE, BOONE AND LOEB, INC. Of Counsel AND LOEB, INC. . X/ax..- President RETItLEMEI~T COM~ TY, INC. O:\Users\CBaumgardn~'r~.ONING\Boom:BooneLocb 2Nt3 ?E'[ TO AMD PKOF.c~oc 3 aOOMHJ, r~os JO $3~0H HOVO0 3HJ. Map Output 1290175 Fax Server 5/20/2005 i:52 PAGE 002/002 Fax Server 0CT-26-2000 11:55 OSTERHOUDT FERGUSON NATT i5~027~0961 P. 0?/08 Lell~d Description EGINNEN'G at a point on the westerly side of Kingsbury Lane at the northeast comer of the property of Roanoke Associaes (D.B. 1355, Pg. 478 - Tax Map No. 1290134); thc'ncc leaving Ki.~gsburg La~e N. 44° 08' 08" W. 887.81 feet to a point on the eastarly right-of-way ofU. S. Roule 220; thence with the same-N. 15° 31' 50" E. 128.68 feet; thence with a curv~ linc to the right having a chord b~'ing ~nd distance of N- 44° 04' 30" E. 395.40 feet, a distance of 396.73 fe~t to a poinl; thence N. 54° 29' 693.26 feet to a point; three leaving the easterly right-of-way of 1or. $. Route 220, S. 46° 47' 4T' E. 613.82 feet to a poillt; thence $. 22° 15' 34" W. 5'/7.15 feet lo 50.00 feet *o a pont; thence with a curved line Baying a chord bearing distance of N. 66° 35' lY' W. 4.5,~ feet, a leng~.h of 4.54 feet; thence continuing with the curved line having a chord bearing and distance ofN. 01° 59' 13" W. 21.61 feet, a length of 26.89 feet lo a poi~.t; thence $. 62° 12' 4T' W. 154.11 feet; thence with a cur~ed line kaving a chord bcarhag ii.nd dista!lce orS. 80" I2' 39" W. 16.97 foot, a l=r~gtk of 1'/.04 feet4 thence =ontinuing ¥~ith the cm-v~d line having a chord bearing and ,:listance or $. 53' 12' 4I" W. 50.7l feet, a kmgth of 51.54 fc~ thenge =ontinuing with a eurvefl 1Ne having a chord bear~g and distamce of N. 53° 12' 41" 1~. 40.94 feet, a distance of 41.60 feet; thence continuing with a cm-t, ed line having a chord b~ring and distance of S. 49" 45' W. 19~2_ .09 f~t, a distance of 196.57 feet; lhcmee S. 28" 30' 00" W. 108.80 feet to a po'hat; ~enca continuing with a eurv~l line having a chord bearing md dislance length of 4&41 f~et to the point and place o£ BEGINNI2qG, and containing 2B.$'/1 am'es and d~ig~at~ a~ New Tr~t 3A on the "Plat Showing the Property of pre-pared by Lamsdm ~,-~so¢iat=, P.C. under dale of Augtmt 9, 2000. O00,V, HJ_nOS ao S~HOH HOVO0 ~H/ ! ADJOINING PROPERTY OWNER LISTING Address of Subject Proper[v: Tax Map No.: Applicant/Owner's Name: Franklin Road SW 1290175 BOONE HOMES, INC. OF ROANOKE ADJOINING PROPERTY OWNERS This list as follows are those property owners who own property beside, behind or across the street from the subject property noted above: Official Tax Number 1290122 Carl Road SW 1290129 Acreage W R Harbour 1290176 Kingsbury Court SW 1290193 3369 Somercroft Court SW 1290194 3365 Somercroft Court SW 1290195 3361 Somercroft Court SW CITY OF ROANOKE Owner's Name and Mailinq Address Commonwealth of Virginia 215 Church Avenue SW, Room 2250 Roanoke, VA 240.11 Ronald and Judy Flint 4060 Jae Valley Road SE Roanoke, VA 24014 Boone Boone & Loeb, Inc. 3922 Electric Road SW Roanoke, VA 24018 Idal D. and Diane E. Shields, Trustees 3369 Somercroft Cour[ SW Roanoke, VA 24014 Boone Boone & Loeb, Inc. 3922 Electric Road SW Roanoke, VA 24018 George R. and Carol J. Ballata 3361 Somercroft Court SW Roanoke, VA 24014 F:\USERS\CBaumgardner~ZONING\Boone Homes APO doc Page 1 of 3 Official Tax Number 1290196 3357 Somercroft Court SW 1290197 3353 Somercroft Court SW 1290198 3349 Somercroft Court SW 1290199 3345 Somercroft Court SW 1290200 3341 Somercroft Court SW 1291201 3337 Somercroft Court SW 1291202 3333 Somercroft Court SW 1291203 3329 Somercroft Court SW 1291204 3325 Somercroft Court SW 1291205 3321 Somercroft Court SW CITY OF ROANOKE Owner's Name and Mailinq Address Larry M. and Beverly H. Lumsden 3357 Somercroft Court SW Roanoke, VA 24014 John R. and Adrienne A. Gilliam P. O. Box 8614 Roanoke, VA 24014 Richard V. and Cynthia Forth 3349 Somercroft Court SW Roanoke, VA 24014 Boone Boone & Loeb, Inc. 3922 Electric Road SW Roanoke, VA 24018 Bobby M. and Joenell M. Bohon 3341 Somercroft Court SW Roanoke VA 24014 Frederick E. Jr. & Mary L. Black 160 Island Green Drive #8 Penhook, VA 24137 William W. and Becky L. Johnson 3333 Somercroft Court SW Roanoke VA 24014 Michael D. and Karen V. Litz 3329 Somercroft Court SW Roanoke, VA 24014 Cranston Jr. and Marilyn J. Williams 3325 Somercroft Court SW Roanoke VA 24014 Boone Boone & Loeb, Inc. 3922 Electric Road SW Roanoke, VA 24018 F:\USERS\CBaumgardnertZON~NG\Boone Homes APO.doc Page 2 of 3 Official Tax Number 1380201 3022 Colonial Avenue SW 5500114 834 Duke of Glouchester St. SW CITY OF ROANOKE Owner's Name and Mailinq Address Commonwealth of Virginia State Board 3054 Colonial Avenue SW Roanoke, VA 24015 Roanoke Associates P. Oi Box 2152 Roanoke, MA 24009 F:\USERS\CBaumgardner~ONING\Boone Homes APO.doc Page 3 of 3 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk(~ci.roanoke.v a. us STEPHAN1E M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk June 7, 2005 File #51 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 June 2, 2005, from Edward A. Natt, Attorney, representing Boone Homes, Inc. of Roanoke, requesting Amendment of Proffered Conditions in connection with the rezoning of a tract of land located on Franklin Road, S. W., identified as Official Tax No. 1290175, containing 10.2240 acres, as set forth in Ordinance No. 35152-120400, as amended by Ordinance Nos. 34406-050299 and 32777-12185. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosures Richard A. Rife, Chair June 7, 2005 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Edward A. Natt, Attorney, Osterhoudt, Prillaman, Natt, Helscher, Yost, Maxwell & Ferguson, P. O. Box 20487, Roanoke, Virginia 24018-0049 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 NATT, HELSCHER, Y0$T, MAXWELL & FERGUSON, PLC ATTORNEYS-Al-LAw PETITION TO AMEND PROFFERS IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Amendment of Proffered Conditions for a tract of land on Franklin Road identified as Tax Map No. 1290175, containing 10.2240 acres (Section 5, Southwood) and zoned Residential Planned Unit Development (RPUD) TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: By Ordinance No. 35152-120400 adopted December 4, 2000, at the request of BOONE, BOONE & LOEB, INC., City Council amended proffers for the property contained in Ordinance No. 34406-080299 (adopted August 2, 1999) and Ordinance No. 32777-121895 (adopted December 18, 1995). A copy of said Ordinance No. 35152 -120400 is attached hereto as Exhibit 1, together with the site plan submitted therewith being attached hereto as Exhibit 2. Said parcel of land contains 10.2240 acres, more or less, and is zoned Residential Planned Unit Development (RPUD). A map of the subject property is attached hereto as Exhibit 3. A location map of the property is attached as Exhibit 4. A legal description of the subject property is attached as Exhibit 5. Your Petitioner herein, BOONE HOMES, INC. OF ROANOKE, a Virginia corporation, is the current owner of said parcel. Your Petitioner requests that the conditions relating to said property be amended as hereinafter set out. Your Petitioner believes that the subject amendment of proffers will further the intent and purposes of the City Zoning Ordinance and its Comprehensive Plan in that \\JOLLY~SYS\USERS\CBaumgardner~ONING\Boone Homes PET AMD PROFFERS.doc Page 1 of 5 June 1, 2005 NATT, HEL$CHgR, YOST, MAXWELL & FERGUSON, PLC ATTORN EYS-AT-LAw such amendment will allow the grading of the property to be undertaken in a manner that meets the City's requirements. Your Petitioner hereby requests that the following Proffers established by Ordinance No. 35152-120400 dated December 4, 2000, as hereinafter set out, be REPEALED: (1) The property will be developed in substantial conformity with the site plan entitled "Development Concept for Section No. 3, Southwood, Prepared for Boone, Boone and Loeb, Inc." prepared by Lumsden and Associates, dated August 31, 2000, a copy of which is attached hereto as Exhibit 3, subject to any changes required by the City during site plan review. (2) No parallel on-street parking will be permitted on streets less than 30 feet in width serving residential units. (3) That portion of the 23.571-acre parcel not being developed with the erection of structures or sidewalks as shown on the site plan identified in Paragraph 1 shall be retained as open space. (4) The residences constructed on the property shall not exceed 1-1/2 stories, but in no case be higher than 31 feet from top of the floor of the first floor. Exposed basement and sub-footing heights would not be included in the 31-foot height limitation. (5) The grading of the property shall substantially conform with the approximate limits shown on the grading plan entitled "Proposed Grading Plan for Section No. 3, Southwood," prepared by Lumsden Associates, P.C. under date of October 13, 2000, submitted as Exhibit 5. (6) Landscaping shall be in accordance with the plan submitted as Exhibit 4 and shall include street trees, evergreen trees and hedges. In addition, any existing tree cover on the permanent open space which is disturbed during development of the property shall be replanted with one-half white pines and one-half deciduous trees which, at the time of planting, shall be a minimum of three to four feet in height and planted on a maximum of 30-foot on center. \\JOLLY~SYS\USERS\CBaumgardner~ONING\Boone Homes PET AMD PROFFERS.doc Page 2 of 5 June 1,2005 NATT, HELSCHER, YOST, HAXW£LL & F£RGUSON, PLC ATTORN[Y$-AT-LAW Replanted material shall be maintained by the property owner. (7) On-site signage will be limited to identification signage at the main entrance and identification and directional signage within the development. (8) The exterior of the residences shall be predominantly brick on all facades. (9) Driveways shall be blacktopped. (10) Sidewalks shall be installed as shown on Exhibit 4. (11) A homeowner's association shall be establishedto maintain the exterior of constructed residences and the grounds. Documentation of the establishment of the Association shall be provided to the City prior to the issuance of a Certificate of Occupancy. Your Petitioner further requests that the following Proffers be ADOPTED: (1) The property will be developed in substantial conformity with the site plan entitled "Development Concept for Section No. 3, Southwood, Prepared for Boone, Boone and Loeb, Inc." prepared by Lumsden and Associates, dated August 31, 2000, attached hereto as Exhibit 2, subject to any changes required by the City during site plan review. (2) No parallel on-street parking will be permitted on streets less than 30 feet in width serving residential units. (3) That portion of the 23.571-acre parcel not being developed with the erection of structures or sidewalks as shown on the site plan identified in Paragraph (1) shall be retained as open space. (4) The residences constructed on the property shall not exceed 1-1/2 stories, but in no case be higher than 31 feet from top of the floor of the first floor. Exposed basement and sub-footing heights would not be included in the 31-foot height limitation. (5) The grading of the property shall substantially conform with the approximate limits shown on the grading \~JOLLY~SYS\USERS\CBaumgardner~ZONING\Boone Homes PET AMD PROFFERS.doc Page 3 of 5 June 1, 2005 plan entitled "Southwood Amended Grading Limits, Section No. 5, The Coach Homes of Southwood," prepared by Lumsden Associates, P.C. under date of May 5, 2005, submitted as Exhibit 6, (6) Landscaping shall be in accordance with the plan submitted as Exhibit 4 enacted as part of Ordinance No. 35152- 120400, and shall include street trees, evergreen trees and hedges. In addition, any existing tree cover on the permanent open space which is disturbed during development of the property shall be replanted with one-half white pines which, at the time of planting, shall be a minimum of three to four feet in height, and one-half deciduous trees which, at the time of planting, shall be two and one-half inches in caliper. Replanted material shall be maintained by the property owner. (7) On-site signage will be limited to identification signage at the main entrance and identification and directional signage within the development. (8) The exterior of the residences shall be ninety percent (90%) brick excluding dormers, siding and rear gables. (9) Driveways shall be blacktopped. (10) Sidewalks shall be installed as shown on the original submittal. (11) A homeowner's association shall be established to maintain the exterior of constructed residences and the grounds. Documentation of the establishment of the Association shall be provided to the City prior to the issuance of a Certificate of Occupancy. Attached as Exhibit 7 are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to and immediately across a street or road from the subject property. WHEREFORE, your Petitioner requests that the above-described amended proffers be approved as herein set out in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this I ~'~ day of ;~- ~ u ¢_ ,2005. MAXWELL & FERSUSON, PLC ATTORNEYS-AT-LAw Edward A. Natt, Esq. ; OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, P.L.C. P. O. Box 20487 Roanoke, VA 24018-0049 Phone: (540) 725-8180 Fax: (540) 774-0961 VSB #1104 \\JOLLY~SYS\USERS\CBaumgardner~ZONING\Boone Homes PET AMD PROFFERS.doc Page 5 of 5 June 1,2005 05 11: 1Sa Lumsden Rssoc~ate5 540-772-~445 p. 1 IN THE COUNCIL OF THE CIT The 4ch day of December, 2000. ~ 4 3515~-~20 00. AN ORDINANCE to amend §§36. I~3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 129, Sectional 1976 Zone Map, City. of Roanoke. in order to amend certain conditions presently binding upon certain property previously conditionally zoned C-l, Office District. WHEREAS, Boone, Boone and Loeb, Inc., filed an application to the Council of the City. of Roanoke to amend certain conditions presently binding upon a tract of land containing 23.571-acres, more or less, lying between 1-581 a~d Franklin Road, S.W.. being a portion of a larger parcel designated as Official Tax No. 1290107, which property was previously conditionally rezoned by the adoption of Ordinance No. 34406-080299 adopted August 2, 1999, and Ordinance No. 32777-121895, adopted December 18, 1995. WHEREAS, the City. Planning Commission, which after giving proper notice to concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on November 20, 2000, after due and timely notice thereof as required by §36.1 693, Code of the City of Roanoke (1979), as amended, at which hearing ail parties in interest Na~ 05 05 I1: 1Bm Lumsden Rssociates 5~0-772-9545 and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHERJSAS, this recommendation made Council, after considering the aforesaid application, the to the Council by the Planning Commission, the Cits"s Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the conditions now binding upon a tract of land containing 23.571-acres. more or less, I? lng between 1-581 and Franklin Road, S.W., and being a portion ora larger parcel designated as Official Tax No. 1290107, and the matters presented at the public hearing, should be amended as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 129 of the Sectional 1976 Zone Map, City of Roanoke, be amended to reflect the changes in proffered conditions as shown in the Second Amended Petition to Amend Proffers filed in the City Clerk's Office on November 9, 2000, and as set forth in the report of the Planning Commission dated November 20, 2000, and that Ordinance No. 34406-080299, adopted August 2, 1999, and Ordinance No. 32777-121895, adopted December 18, 1995, be amended to reflect the changes in the proffered condition. ATTEST: City Clerk. Ma~ 05 05 11: 18a Lum&den Rssociate& 540-772-~445 p.3 SECOND AMENDED PETITION TO AMEND PROFFERS IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, IN RE: Request of Boone, Boone and Loeb, Inc., to amend Proffers contained in Ordinance No. 34406-080299 and Ordinance No. 32777-121895 with respect to Tax Map No. 1290107 as said proffers relate to 23.571 acres of those six tracts of land containing 60.53 acres located between I~581 and Franklin Road in the City of Roanoke governed by Ordinance No. Ordinance No. 34406-080299 and Ordinance No. 32777-121895 TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: Retirement Conununity, Inc., owns land in the City of Roanoke originally containing 60.53 acres, more or less, wtfich parcel was comprised of 52.83 acres being identified as Tax Map Nos. 1290105 and 1290171 and a potion of Tax Map No. 1290107, and zoned RPUD, Residential Planned Unit Development, subject to certain proffers, and 7.70 acres, being identified as Tax Map No. 1290108 and a portion of Tax Map No. 1290107, and zoned C-2, General Commercial District, subject to certain proffers. The Petitioner, Boone, Boone and Loeb, Inc. is the contract purchaser for 23.571 acres of said parcel identified as a part of Tax Map 1290107. A map of the 23.571 acres is attached here to as Exlfibit 1 and arnetes and bounds description is attached hereto as Exhibit 2. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioners request that the Proffers heretofore adopted with Ordinance No. 34406-080299 and Ordinance No. 32777-121895 be amended as hereinafter set out. The Petitioners believe that the amendment of the Proffers relating to said property will enable the development of the property in an appropriate manner. G:\Users~CBaurngardnerkZONING\BooneBooaeLocb 2ND PET TO AMD PR. OF.doc The Petitioners} therefore, petition the City Council to amend Ordinance No. 34406- 080299 adopted August 2, 1999, and Ordinance No. 32777-121895 adopted December 18, 1995, to provide that the proffers relating to the 23.571 acre parcel shall read as follows: The property will be developed in substantial conformity with the site plan entitled "Development Concept for Section No. 3, Southwood, Prepared for Boone, Boone and Loeb, Inc.," prepared by Lumsden and Associates, dated August 31, 2000, a copy of which is attached hereto as Exhibit 3, subject to any changes required by the City during site plan review. No parallel on-street parking will be permitted on streets less than 30 feet m width serving residential ur. its. That portion of the 23.571-acre parcel not being developed with the erection of stmctares or sidewalks as shown on the site plan identified in Paragraph 1 shall be retained as open space. The residences constructed on the property shall not exceed 1-1/2 stories, but in no case be ttigher than 31 feet from top of the floor of the first floor. Exposed basement and sub-footing heights would not be included in the 31 foot height limitation. The grading of the property shall substantially conform with the approximate limits shown on the grading plan entitled "Proposed Grading Plan for Section No. 3, Southwood", prepared by Lumsden Associates, P.C. under date of October 13, 2000, submitted as Exl'dbit 5. Landscaping shall be in accordance with the plan submitted as Exh/bit 4 and shall include street ~ees, evergreen trees and hedges. In addition, any existing tree cover on the pennanent open space which is disturbed during development of the property ~hall.be replanted with one-half white pines and one-half deciduous trees which, at the time of planting, shall be a minimum of three to four feet in height and planted on a maximum of 30-foot on center. Replanted material shall be maintained by the property owner. On-site signage will be limited to identification signage at the main entrance and identification and directional signage within the development. The exterior of the residences shall be predominantly brick on all facades. G:\Users\C[~aum§afdncr~ZONING\BooneBooneLoeb 2ND P1ETTOAMD ?ROl'.doc 2 Ma~ 05 05 i1: 1Sa Lumsden Rsso¢iates 5~0-?72-~5 p.5 9. Driveways snail be blacktopped. 10. Sidcwalks shall be installed as shovm on Exhibit 4. 11. A homeowner's association shall be established to maintain the exterior of constructed residences and the grounds. Documentation of the establishment of the Association shall be provided to the Cily pr/or to thc issuance of a Certificate of Occupancy. Attached as Exhibit 6 are the names, addresses and tax numbers of the owners of all lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. VgI-IEREFORE, the Petitioner requests that the above-described amendment be approved in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this S'- day of /k]~u,~--~a ,2000. Respectfully submitted, BOONE, BOONE AND LOEB, INC. Of Counsel O~AND LOEB, INC. President G:\Users\CBaumgardncrXZONlNG\BooncBooneLoeb 2ND PET TO AMD PKOF doc 3 OSTERHOUOT, PRILLAMAN, NATT, HELSCHER, YOST, Site Plan "DEVELOPMENT CONCEPT FOR SECTION NO. 3, SOUTHWOOD, PREPARED FOR BOONE, BOONE AND LOEB, INC." prepared by Lumsden and Associates, P.C., dated August 31, 2000 d TOTAL P.08 Map Output 1290175 Fax Server 5/20/2005 1:52 PAGE 002/002 F~x Server 0CI-26-2~0 11:55 OSTERHOUDT FERGUSON NATT 15487740961 P. L~I D~cri~fion BEGINNING at a point on the westerly side of Kingsbury Lane at the northeast comer of the proper~ of Roanoke A~ssociates (D.B. 1355, Pg. 478 - Trax Map No. 1290134); thence lea¥ing Kin~burg Lanc N. 46° 08' 08' W. 887.81 feet to a point on thc easterly fight-of-way ofU. S. Route 220; thence with the same N. 15° 31' 50" E. 128.68 feet; thence with a curvm:l line to thc right having a chord bearing ~.ud distance of N. 46° 04' 30" E. 395.40 feet, a distance of 396.73 feet to a point; thence lq. 54° 29' 48" 693.26 feet to a point; thence leaving thc easterly right-of-way of U. S. Route 220, S. 46° 47' 47" E. 513.82 feet to a point; thence $. 22° 15' 34" W. 577.15 feet to a point; thence S. 23° 00' 46" W. 50.00 feet to a point; thence with a curved tine having a chord bearing distance of N, 66° 35' 13" W. 4.54 feet, a length of 4.54 feet; thence continuing with the curved line having a chord bearing and distance ofN. 01° 59' 13" W. 21.61 feet, a length of 26.89 feet to a point; thence S. 62© 12' 47" W. 154. I1 feet; thence with a cur~ed line having a chonl bom-lng a~I distance orS. 80° 12' W. 16.97 feet, a lengt.h of 17.04 feet4 thence continuing with the curved line ha¥1ng a chord bearing and distance orS. 53~ 12' 41" W. $0.?1 feet, a length of 51.54 feet; thence ~ontinuing with curved linc having a chord bearin~ md clist~nce ofN. ~3° 12' 41" 1~. 40.94- feet, a distance of 41.60 feet; thence continuing with a curved line having a chord btu'lng and distance of S. 49° 45' W. 1952_.09 feet, a distance of 196,57 feet; thence S. 28° 30' 00" W. I08.80 feet to ~ point; thence continuing with a curved line having a chord bem-ing and distance of N'. 36° 2~' 30" E. 48.26 feet, length of 4S.4l feet to the point and place of BEGINNING, and containing 23.571 acres and designated ~ New Tract 3A on the "Plat Showing the Property of Rcti~graent Community, Inc.," p~ep~red by Lum~den A~eeiate~, P.C. under date of Au§u~t 9, 2000. ADJOINING PROPERTY OWNER LISTING Address of Subiect Property: Tax Map No.: Applicant/Owner's Name: Franklin Road SW 1290175 BOONE HOMES, INC. OF ROANOKE ADJOINING PROPERTY OWNERS This list as follows are those property owners who own property beside, behind or across the street from the subject property noted above: Official Tax Number 1290122 Cad Road SW 1290129 Acreage W R Harbour 1290176 Kingsbury Court SW 1290193 3369 Somercroft Court SW 1290194 3365 Somercroft Court SW 1290195 3361 Somercroft Court SW CITY OF ROANOKE Owner's Name and Mailinq Address Commonwealth of Virginia 215 Church Avenue SW, Room 2250 Roanoke, VA 24011 Ronald and Judy Flint 4060 Jae Valley Road SE Roanoke, VA 24014 Boone Boone & Loeb, Inc. 3922 Electric Road SW Roanoke, VA 24018 Hal D. and Diane E. Shields, Trustees 3369 Somercroft Court SW Roanoke, VA 24014 Boone Boone & Loeb, Inc. 3922 Electric Road SW Roanoke, VA 24018 George R. and Carol J. Ballata 3361 Somercroft Court SW Roanoke, VA 24014 F:\USERS\CBaurngardner~.ONING\Boone Homes APO.doc Page 1 of 3 Official Tax Number 1290196 3357 Somercroft Court SW 1290197 3353 Somercroft Court SW 1290198 3349 Somercroft Court SW 1290199 3345 Somercroft Court SW 1290200 3341 Somercroft Court SW 1291201 3337 Somercroft Court SW 1291202 3333 Somercroft Court SW 1291203 3329 Somercroft Court SW 1291204 3325 Somercroff Court SW 1291205 3321 Somereroft Court SW CITY OF ROANOKE Owner's Name and Mailinq Address Larry M. and Beverly H. Lumsden 3357 Somereroft Court SW Roanoke, VA 24014 John R. and Adrienne A. Gilliam P. O. Box 8614 Roanoke, VA 24014 Richard V. and Cynthia Forth 3349 Somercroft Court SW Roanoke, VA 24014 Boone Boone & Loeb, Inc. 3922 Electric Road SW Roanoke, VA 24018 Bobby M. and Joenell M. Bohon 3341 Somercroft Court SW Roanoke, VA 24014 Frederick E. Jr. & Mary L. Black 160 Island Green Drive #8 Penhook, VA 24137 William W. and Becky L. Johnson 3333 Somercroft Court SW Roanoke, VA 24014 Michael D. and Karen V. Litz 3329 Somercreff Court SW Roanoke, VA 24014 Cranston Jr. and Marilyn J. Williams 3325 Somercroft Court SW Roanoke, VA 24014 Boone Boone & Loeb, Inc. 3922 Electric Road SW Roanoke, VA 24018 F:\USERS\CBaumgardner~ONING\Boone Homes APO.doc Page 2 of 3 CITY OF ROANOKE Official Tax Number 1380201 3022 Colonial Avenue SW 5500114 834 Duke of Glouchester St. SW Owner's Name and Mailinq Address Commonwealth of Virginia State Board 3054 Colonial Avenue SW Roanoke, VA 24015 Roanoke Associates P. O. Box 2152 Roanoke, VA 24009 F:\USERS\CBaurngardner~ZONING\Boone Homes APO.doc Page 3 of 3 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, ¥~inia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ ci.roanoke.va.us STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk August22,2005 File #51 James F. Douthat, Attorney Woods Rogers PLC P. O. Box 14125 Roanoke, Virginia 24038-4125 Dear Mr. Douthat: I am enclosing copy of Ordinance No. 37159-081505 amending conditions now binding upon certain tracts of land located on Franklin Road, Southern Lane, Southern Hills Drive and Griffin Road, S.W., Official Tax Nos. 5470115, 5470113, 5470114, 5470112, 5470111, 5470108, 5470109, 5470110, 5480701 and 5480704, which property was previously rezoned C-2, General Commercial District, with proffers, by adoption of Ordinance No. 33759-040698; and Official Tax Nos. 5470104, 5470103, 5470102, 5480717 and 5480718, zoned C-2, General Commercial District, should be rezoned to C-2, General Commercial District, with proffers, as set forth in the Third Amended Petition to Amend Proffers filed in the City Clerk's Office on July 29, 2005. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 15, 2005, and is in full force and effect upon its passage. Sincerely,//~ Mary F. Par~er,~' CMC City Clerk MFP:ew Enclosure James F. Douthat, Attorney August 22, 2005 Page 2 pc: New Plan Realty Trust, P. O. Box 4900, Scottsdale, Arizona 85261 Mr. and Mrs. Gary Yamine, 6760 Christopher Drive, S. W., Roanoke, Virginia 24018 Mr. W. R. Grant, 1613 Dunbar Street, N. W., Roanoke, Virginia 24012 Mr. and Mrs. Charles E. Long, 4527 Burma Road, Radford, Virginia 24141 Mr. James A. AIIman, 1630 Jumping Run Drive, Goodview, Virginia 24095 SAVE-X 2 LLC, 416 $.Jefferson Street, Suite 205, Roanoke, Virginia 24011 Ms. Virginia L. Cobbs, 4208 Southern Hills Drive, S. W., Roanoke, Virginia 24014 Lowes Home Centers, Inc., 4224 Valley Avenue, S. W., Roanoke, Virginia 24014 Mr. and Mrs. John W. Spring, 1757 Tapo Canyon, Suite 300, Simi Valley, California 93063 Just Duus, II, LLC, 4347 Franklin Road, S. W., Roanoke, Virginia 24014 Ms. Rama M. Ford, 4215 Roy Drive, S. W., Roanoke, Virginia 240~L4 First National Exchange Bank, 4143 Franklin Road, S. W., Roanoke, Virginia 24014 Mr. and Mrs. Henry H. Muse, 4049 Griffin Road, S. W., Roanoke, Virginia 24014 Old Heritage Corp., 4252 Summit Street, S. W., Roanoke, Virginia 24014 Richard A. Rife, Chair, City Planning Commission, 1326 Grandin Road, S. W., Roanoke, Virginia 24015 Darlene L. Burcham, City Manager Rolanda B. Russell, Assistant City Manager for Community Development Martha P. Franklin, Secretary, City Planning Commission Nancy C. Snodgrass, Zoning Administrator Susan S. Lower, Director, Real Estate Valuation Karl S. Cooler, Building Commissioner Philip C. Schirmer, City Engineer IN THECOUNC~ OF THE CITY OF ROANOKE, V]]{GINIA, The 15th day of Augus%, 2005. No. 37159-081505. AN ORDINANCE to amend ~36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 547 and 548, Sectional 1976 Zone Map, City of Roanoke, by amending certain conditions presently binding upon certain property previously conditionally zoned C-2, General Commercial District, by Ordinance No. 33759-040698, and placing such proffers on certain other property zoned C-2, General Commercial District; and dispensing with the second reading by title of this ordinance. WHEREAS, Faison-Southern Lane, LLC and Save-X 2, LLC have made application to the Council of the City of Roanoke to amend certain conditions presently binding upon Official Tax Nos. 5470115, 5470113, 5470114, 5470112, 5470111, 5470108, 5470109, 54701 I0, 5480701 and 5480704, which property was previously rezoned by the adoption of Ordinance No. 33759-040698, adopted April 6, 1998; WHEREAS, Faison-Southem Lane, LLC and Save-X 2, LLC seek to have the subject property zoned C-2, General Commercial District, with proffers amended fi.om those accepted by City Council in Ordinance No. 33759-040698, adopted April 6, 1998; WHEREAS, Faison-Southem Lane, LLC and Save-X 2, LLC seek to have the proffered conditions which they seek to have applied to the above-referenced parcels of property apply to Official Tax Nos. 5470104, 5470103, 5470102, 5480717 and 5480718, which are zoned C-2, General Commercial District, WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by {}36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on August 15, 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 he~rd, both for and against the proposed amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the conditions now binding upon Official Tax Nos. 5470115, 5470113, 5470114, 5470112, 5470111, 5470108, 5470109, 5470110, 5480701 and 5480704, which property was previously rezoned C-2, General Commemial District, with proffers, by the adoption of Ordinance No.33759-040698, adopted April 6, 1998, should be amended, and Official Tax Nos. 5470104, 5470103, 5470102, 5480717 and 5480718, zoned C-2, General Commercial District, should be rezoned to C-2, General Commercial District, with proffers, as set forth in the Third Amended Petition to Amend Proffers filed in the City Clerk's Office on July 29, 2005. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Sections 36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 547 and 548 of the Sectional 1976 Zone Map, City of Roanoke, be amended to reflect that Official Tax Nos. 5470115, 5470113, 5470114, 5470112, 5470111, 5470108, 5470109, 5470110, 5480701, 5480704, 5470104, 5470103, 5470102, 5480718 and 5480717 be rezoned C-2, General Commemial District, with proffers as set forth in the Third Amended Petition to Amend Proffers filed in the City Clerk's Office on July 29, 2005, and as set forth in the report of the Planning Commission dated August 15, 2005, so that the subject property is zoned C-2, General Commercial District, with such proffers. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. City Clerk. 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 August 15, 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 Faison-Southern Land, LLC and Save~X 2, LLC, represented by James F. Douthat, Attorney, to amend proffered conditions on ten tracts of land located on Southern Hills Drive, SW, Southern Lane, SW, and Griffin Road, SW, identified as Tax Map Nos. 54701 ] 5, 5470113, 5470114, 5470112, 5470111, 5470108, 5470109, 5470110, 5480701,and 5480704, and apply proffered conditions to five tracts of land located on Franklin Road, SW, identified as Tax Map Nos. 5470103, 5470102, 5480717, 5480718, and 5470104. Planning Commission Action: Planning Commission public hearings were held on July 21 and 28, 2005. By a vote of 5-1 (Messrs. Butler, Chrisman, Rife, Scholz, and Ms. Prince voting for, Mr. Williams voting against, and Mr. Manetta absent), the Commission recommended approval of the third amended petition. Background: On June 2, 2005, a petition was filed to amend proffered conditions on fifteen parcels located along Franklin Road, Southern Lane, Southern Hills Drive, and Griffin Road. An amended petition was filed on July 8, 2005. A second amended petition was filed on July 26, 2005, and a third amended petition was filed on July 29, 2005. Ten of the parcels were rezoned from RS-3, Residential Single-family District, to C-2, General Commercial District (conditional), on April 6, 1998, by Ordinance No. 33759-040698. The petitioner wishes to repeal the existing proffered conditions and replace them with new conditions. The petitioner wishes to apply the new proffered conditions to five additional parcels which are currently zoned C-2 (with no conditions), to create a unified zoning pattern. The petition is to have the existing proffers on Tax Nos. 5470115, 5470113, 5470114, 5470112, 5470111, 5470108, 5470109, 5470110, 5480701, and 5480704 be repealed: 1. The property will be developed in substantial conformity with the Development Plan prepared by Lumsden Associates, dated June 17, 1997, and revised August 7, 1997, a copy of which is attached to the Petition for Rezoning as Exhibit B, subject to any changes required by the City as part of Comprehensive Development Plan review. 2. The exterior treatment of all buildings on the property shall be architecturally finished and shall be consistent in the use of architectural details and materials on all sides of the building. 3. All lighting on the property shall consist of fixtures designed with shields that direct illumination away from the adjoining residential neighborhood along the easterly side of Griffin Road. 4. All dumpsters, loading docks and heating/air conditioning handling units shall be screened from view by landscaping, masonry or metal screen walls. 5. There shall be no building wall signs facing the residentially zoned neighborhoods along the easterly side of Griffin Road. 6. Outdoor advertising, as defined in the Roanoke City Code, shall not be permitted. 7. The combined surface area of all signs on the commercial lots, including signs erected in a required yard, shall not exceed 2.5 square feet for each foot of lot frontage for the first one hundred feet of lot frontage, and an additional 1.0 square feet for each foot of lot frontage remaining. All freestanding sign structures shall be limited to one per lot with a signage area no greater than 100 square feet. 2 8. Tract E shall not be used as a restaurant. Any restaurants located on Tracts D, G & F shall not be Fast Food restaurants. Any restaurants constructed on Tracts D, G & F shall contain odor abatement equipment to abate the disbursement of cooking odors to the outdoors. 9. Any structure constructed on Tract E, including a motel or hotel, will be no more than three (3) stories high or a maximum of 45 feet measured from ground level. 10. A sidewalk shall be included along the northern side of the relocated Southern Hills Drive, and continue along the eastern side of Southern Lane, such sidewalk shall run the length of the relocated Southern Hills Drive on the site and that portion of Southern Lane shown on the Development Plan. 11. The following C-2 uses as designated in the Code of the City of Roanoke shall not be permitted on Tracts D, E, F or G: 36.1-206(11) Police stations. 36.1-206(14) Military reserve and National Guard centers. 36.1-206(15) Training facilities related to police, fire, rescue and ambulance uses. 36.1-206(19) Coliseums, stadiums, exhibition halls, and similar facilities. 36.1-206(21) Parks and playgrounds. 36.1-206(22) Drive-in movie theaters. 36.1-206(34) Neighborhood and highway convenience stores. 36.1-206(35) Outdoor advertising subject to the requirements of section 36.1-440 et seq. 36.1-206(36) Gas stations. 36.1-206(39) Automobile cleaning facilities. 36.1-206(40) Automobile repair establishments except painting and body shops. 36.1-206(42) Public parking structures. 36.1-206(44) Bus terminals for the loading and unloading of passengers. 36.1-206(45) Veterinary clinics with no outside corrals or pens. 36.1-206(46) Kennels with no outside pens or "runs." 36.1-206(47) Plant nurseries and greenhouses including those with retail sales. (Ord. No. 28611, § 2, 4-27-87; Ord. No. 29932, 2-20-90; Ord. No. 30648A, 8-26-9 1). 36.1-207(1) Group care facilities subject to the requirements of section 36.1-560 et seq. 3 36.1-207(4) Establishments primarily engaged in the sale or rental of automobiles, trucks and construction equipment including the incidental repair and maintenance of vehicles where the lot area is less than twenty thousand (20,000) square feet. 36.1-207(5) Automobile painting and body shops provided that there shall be no outdoor storage of damaged automobiles, equipment, auto parts or other materials. 36.1-207(9) Utility substations, transmission lines and towers, booster stations, relay stations and transformers, and similar uses provided that light, fumes, noise, unsightliness, or other associated activities or emissions are adequately screened from the surrounding neighborhood. 36.1-207(10) Medical laboratories. Additionally, open air markets selling second hand merchandise and other miscellaneous items shall not be permitted on Tracts D, E, ForG. 12. Signage approved by the petitioner and the City of Roanoke, and identifying the Southern Hills Neighborhood shall be placed on both sides of Southern Hills Drive at its intersection with Griffin Road. 13. Petitioner's landscape buffering/screening along Griffin Road shall be designed so that a row of evergreen trees shall face the residential neighborhood located on the easterly side of Griffin Road, followed by a second and interior row of deciduous trees, subject to any changes required by the City as part of Comprehensive Development Plan review. The third amended petition requests that the following proffers be adopted for all fifteen parcels: 1. The property will be developed in substantial conformity with the "Concept Site Plan, The Home Depot, Franklin Road and Valley Avenue, City of Roanoke, Virginia," prepared by Mattern & Craig, dated July 8, 2005, a copy of which is attached to this Petition as Exhibit B, subject to any changes required by the Virginia Department of Transportation or the City as part of Comprehensive Development Plan review. 2. The 105,000 _+ s.f. commercial building shall be architecturally finished in substantial conformity with the July 25, 2005, rendering of The Home Depot, City of Roanoke, Franklin Road & Valley 4 Avenue, by Architectural Group International, a copy of which is attached to this Petition as Exhibit C. 3. Any outdoor light fixture shall be a full cutoff fixture or a decorative fixture with full cutoff optics. A "full cutoff fixture" shall mean an outdoor light fixture shielded in such a manner that all light emitted by the fixture, either directly from the lamp or indirectly from the fixture, is projected below the horizontal plane. A "decorative fixture with full cutoff optics" shall mean an outdoor light fixture with manufacturer-provided or manufacturer-installed full cut-off optics. 4. The spillover of lighting from any parking area on the subject property onto public rights-of-way or abutting property in residentially zoned districts shall not exceed one-half (0.5) foot candle at the property line. 5. Any outdoor lighting in parking areas shall not exceed forty (40) feet in height. The maximum height shall apply to the height of the poles or other standards to which the fixtures are attached or the top most point of the fixture itself, whichever is higher. 6. Outdoor lighting information for the subject property shall be submitted during comprehensive development plan review. Such information shall include the following: (a) Location of all outdoor lighting fixtures including the manufacturer's specifications of the area to be lighted with such fixtures; (b) Plans indicating the location on the property, and the type, of illuminating devices, fixtures, lamps, supports, reflectors and other devices; (c) Description of the illuminating devices, fixtures, lamps, supports, reflectors and other devices; (d) Photometric data, such as that furnished by manufacturers, showing the angle of cut off of light emissions; and (e) Other information as may be deemed necessary by the Zoning Administrator to determine compliance with the lighting proffers. 7. All dumpsters, loading docks, heating/air conditioning handling units and ground mounted electrical transformer boxes shall be screened from view from public rights of way adjacent to the subject property by landscaping, masonry or metal screen walls. 5 8. There shall be no building wall signs facing the residentially zoned property along the easterly side of Griffin Road. 9. Signage provided by the petitioner and approved by the City of Roanoke, and identifying the Southern Hills Neighborhood shall be placed on the side of Griffin Road near its intersection with Roy Drive. 10. Landscaping shall be as shown on the Concept Landscape Plan, The Home Depot, Franklin Road and Valley Avenue, City of Roanoke, Virginia, dated July 8, 2005, prepared by Mattern & Craig, a copy of which is attached hereto as Exhibit D, subject to any changes required by the City as part of Comprehensive Development Plan Review. 11. The following C-2 uses as designated in the Code of the City of Roanoke shall be permitted on the subject properties: 36.1-206(1 ) Dwellings located above ground floor nonresidential uses. 36.1-206 (3) Trade, business and art schools of a nonindustrial nature. 36.1-206 (4) Trade and vocational schools of an industrial nature. 36.1-206 (6) Day care centers with unlimited capacity subject to the requirements of section 36.1-510 et seq. 36.1-206 (7) Churches, synagogues and other places of worship including accessory columbariums. 36.1-206 (8) Libraries, museums, art galleries and art studios and other similar uses including associated educational and instructional activities. 36.1-206 (16) Post offices. 36.1-206 (17) Indoor recreational uses including bowling alleys, indoor tennis courts, squash courts, fitness centers and other similar uses. 36.1-206 (18) Theaters with unlimited seating capacity. 36.1-206 (20) Outdoor recreational facilities including swimming clubs, tennis courts, athletic facilities and other similar uses. 36.1-206 (23) General financial institutions. 36.1-206 (24) Medical 36.1-206 (25) Medical 36.1-206 (26) General repair or maintenance and professional offices including clinics. offices. service establishments, except for of motor vehicles or trailers, provided 6 that, all repair or maintenance activities shall occur in a wholly enclosed building. 36.1-206 (27) Funeral homes. 36.1-206 (28) Restaurants. 36.1-206 (29) Hotels, motels, and inns. 36.1-206 (30) Bed and breakfast establishments subject to the requirements of section 36.1-520 et seq. 36.1-206 (31) General retail establishments primarily engaged in the retail sale or rental of merchandise, goods, or products except automobiles, trucks, or construction equipment; and including the incidental repair and assembly of merchandise, goods or products to be sold on the premises. 36.1-206 (32) Open air markets selling farm produce, crafts, plants, secondhand merchandise and other miscellaneous items. 36.1-206 (33) Food stores with unlimited gross floor area. 36.1-206 (34) Neighborhood and highway convenience stores, provided that no motor vehicle service station canopy over a gas pump island shall be allowed, unless: (a) Such canopy shall have a maximum clear, unobstructed height to its underside not to exceed fourteen (14) feet six (6) inches and a maximum overall height not to exceed sixteen (16) feet six (6) inches; (b) There shall be no illumination of any portion of the fascia of the canopy; (c) Any lighting fixtures or sources of light that are a part of the underside of the canopy shall be recessed into the underside of the canopy so as not to protrude below the canopy ceiling. All such lighting associated with the canopy shall be directed downward toward the pump islands and shall not be directed outward or away from the site. (d) The vertical dimension of the fascia of such canopy shall be no more than two (2) feet; and (e) Signs attached to or on such canopy shall not be illuminated and shall not extend beyond the ends or extremities of the fascia of the canopy to which or on which they are attached. 36.1-206 (37) New motor vehicle sales and service establishments, provided the lot area for this use is no less than forty thousand (40,000) square feet. 36.1-206 (38) Auto accessory sales with related installation. 36.1-206 (43) Storage and warehouse activities which are accessory to a retail use where all storage activities are wholly enclosed in a building which is located on the same lot as the retail use and where the gross floor area of buildings used for storage activities does not exceed fifty (50) percent of the gross floor area of the retail use. 36.1-206 (47) Plant nurseries and greenhouses including those with retail sales. 36.1-206 (48) Commercial printing establishments which print newspapers, publications, and other materials. 36.1-206 (49) Personal service establishments. 36.1-206 (50) Business service establishments. 12. The following C-2 uses as designated in the Code of the City of Roanoke shall be permitted on the subject properties by Special Exception granted by the Board of Zoning Appeals: 36.1-207 (2) Fast food restaurants. 36.11207 (3) Establishments engaged in the retail sale of building supplies where all or a portion of related storage and display activities are not wholly enclosed in a building provided the outdoor storage or display area is accessory to a building and has a maximum area no greater than ten (10) percent of the gross floor area of the building. 36.1-207 (7) Establishments primarily engaged in the wholesale distribution of goods where all related activities are wholly enclosed in a building provided that: (a) The total gross floor area of buildings on a lot shall not exceed twelve thousand (12,000) square feet. (b) The use is located on a major arterial road or highway. 36.1-207 (8) Manufacturing, assembly, mixing, processing or other processes which are accessory to a retail use, where all such activities are wholly enclosed in the same building as the retail use and where no more than five (5) people are involved in such processes on the premises. 13. As any development on Tracts B and C, as identified on the Concept Site Plan (Exhibit B), will be visible from public roads from multiple directions, the architectural treatment and palette of exterior materials utilized for any structure built on either of these tracts shall be applied to all facades of such structure in a consistent and uniform manner. 14. The seasonal sales area designated on the Concept Site Plan (Exhibit 13) will be used solely for the seasonal sale of plants, 8 shrubs, trees and assorted potted nursery products together with associated bag products such as mulch, top soil and potting soil. The seasonal sales area will be in use, intermittently, for approximately six months per year for the sale of plants and plant related items appropriate to the time of the year, such as spring and summer live plants and Christmas trees and related greenery. No buildings, sheds, trailers, lawn mowers, gas grills, tractors or similar items will be displayed, stored or sold in the seasonal sales area. 1 5. If requested by the City as part of the Comprehensive Development Plan review, a natural non-handicapped accessible pedestrian access will be located between the Home Depot parking lot and Griffin Road near its intersection with Southern Hills Drive. 16. The finished grade of Griffin Road between its intersection with Southern Lane and its intersection with Southern Hills Drive as shown on the Concept Site Plan (Exhibit B) will not exceed twelve and one-half (1 2 ~) percent. 1 7. There will be no outdoor storage of goods, materials or merchandise other than as proffered for the seasonal sales area designated on the Concept Site Plan (Exhibit B) and the areas surrounded by ornamental fence shown on the Concept Site Plan (Exhibit B) and the Rendering of the Home Depot building (Exhibit C). The proposed change in conditions will permit new development of the site with a Home Depot store in conjunction with the development of a new street between the intersection of Griffin Road and Southern Hills Drive to the existing traffic signal at Franklin Road. The amended conditions will also permit development of two parcels (Tracts B and C) to the north of the new street with unspecified commercial uses which will be limited to those uses being proffered. No site development plan for these two parcels is being proffered with the site plan, attached as Exhibit B. This proffer amendment is requested in conjunction with the vacation of portions of Southern Hills Drive and Southern Lane, and the simultaneous dedication of a new street. Considerations: The properties are currently zoned C-2, General Commercial District, so principal considerations relate to how the site will be developed rather 9 than whether the site is appropriate for commercial development. The former site development plan (Exhibit A) designated seven development sites for three fast food restaurants, three restaurants, and a motel. The new street on the previously proffered plan would have extended Southern Hills Drive for a more or less direct link with the existing traffic signal at Valley Avenue. To accommodate parking for the Home Depot, the new proposal provides a curved alignment which links Griffin Road to the existing traffic signal. The proposal reduces the number of development sites to three tracts: Tract A is 10.539 acres, Tract B is 1.778 acres, and Tract C is 0.593 acres. Tract A is the Home Depot site. No site development plan is proffered for Tracts B and C. However, these tracts would be subject to the proffered permitted uses. The eastern portion of Tract B will remain undisturbed/forested as set forth in the proffered landscape plan (Exhibit D). The new street will enhance access for residents of the Southern Hills neighborhood. The principal benefit will be the access to a signalized intersection. In neighborhood planning workshops and various forums, residents indicated strong support for providing such access. The effect of the proposed alignment of the street maintains this access. The new proposal also includes a sidewalk along the southern side of the street to provide pedestrian access. The landscape plan (Exhibit D) provides for street yard trees (a zoning requirement) along the length of the new street. In addition to the street yard trees, staff recommends a street design that incorporates street trees between the curb and sidewalk. VDOT maintains this segment of Franklin Road/US 220. Traffic impact assessments of the new development and street design where the new street meets US 220 are subject to VDOT standards. The new street will maintain current access to Roy Drive and the remaining portion of Southern Lane. The entrance to the Home Depot is aligned with Southern Lane. A right- in/right-out entrance from US 220 is located at the southern edge of the site where Southern Lane, as it exists today, connects with US 220 next to the Save-X station. The crossover to Southern Lane from the southbound lane is to be eliminated. The proposed access points to Tracts B and C are not indicated. The proposed Home Depot site contains 452 parking spaces, which is the approximate minimum required by the Zoning Ordinance (Further details on the interior of the building are needed to determine the exact minimum number of parking spaces required). By comparison, similarly- scaled home improvement stores in Roanoke have parking lots with more ]0 than 600 spaces--far exceeding the minimum requirements of the Zoning Ordinance. Section 36.1-585(d)(3) of the Zoning Ordinance requires a minimum of 5% interior parking lot landscaping. Calculations on the proffered Concept Landscape Plan indicate interior parking lot landscaping of 6.9%. Tree canopy coverage on the interior of the parking lot is 5.5% of the parking area. Perimeter parking lot tree canopy is approximately 4.5% of the parking area. Given the size of the building and its site, and given the current minimum parking requirements of the Zoning Ordinance, the proposed development is approaching the maximum potential for landscape and tree canopy coverage. This large-scale development proposal is in close proximity to residential areas, so buffering of visual and noise effects is an issue. This proposal provides buffering from adjacent residential uses with a combination of plant material and topography. The proffered Concept Landscape Plan shows a small berm to be constructed along Griffin Road and planted with a continuous evergreen buffer and supplemented with small deciduous trees. Extensive proffers are provided to limit lighting spillover. Dumpsters and mechanical equipment are to be screened. Most noise-producing activities, such as the main loading docks, are moved to the west side of the site. Proffered conditions provide that no signs will face east toward residentially-zoned properties. Staff believes that for the most part the buffering strategy will be effective. The amended petition responds to previous staff concerns by extending buffering along Griffin Road to screen the development from existing residences on Southern Hills Drive and Roy Drive. Development of two other sites (Tracts B and C) is undefined in the petition. The Petitioner indicates that the intent is for future development to take place subject to the land uses proffered in the petition, but details of site development to occur under the regulations in place at the time of development. Staff supports this approach as it would ensure that site development occurs in a manner more consistent with Vision 2001-2020. Vision 2001-2020 recommends the following policies and design principles: ED P6. Commercial Development. Roanoke will encourage commercial development in appropriate areas (i.e., key intersections and centers) of Roanoke to serve the needs of citizens and visitors. The proposed development is within an identified local/regional commercial center. 11 IN P2. Transportation system. Roanoke will provide a transportation system that is an integrated, multi-modal network of automobile, bicycle, pedestrian, and transit facilities. Interconnected street systems should be encouraged in new development and be maintained in existing development. The new street will enhance connectivity and will provide pedestrian accommodations. However, connectivity to the adjacent Hunting Hills shopping center will not be enhanced by an extended frontage street as recommended by the Southern Hills Neighborhood Plan. IN P3. Land use and transportation plans .... Future commercial development along arterial roads will be focused at major intersections rather than strip commercial development along corridors. The proposed development is within an identified local/regional commercial center. IN P4. Parking. Roanoke will...discourage excessive surface parking lots. The Home Depot parking lot is at or near the minimum required by the Zoning Ordinance. By comparison, similar large-scale developments have parking lots with 600-650 spaces. City design principles for local/regional commercial centers: · Maximize site development through reduced parking, increased lot coverage, and development along street frontage. · Parking lots should have multiple vehicular entrances that are clearly marked and attractively landscaped. Parking lots should have trees located in the interior of the site and along street frontages. · Visual clutter and excessive lighting should be discouraged. Signs should be consolidated and attractively designed. Proposed lot coverage of the building is approximately 23%. Site design is being driven mainly by Roanoke's current minimum parking requirements and the nature of the big-box development. Interior landscaping is provided at a rate (6.9%) that exceeds the Zoning Ordinance requirement of 5%, but is still minimal. Lighting spillover issues are addressed by proffered conditions. The Southern Hills Neighborhood Plan, adopted October 15, 2002, contains the following recommended policies to guide future development: · The Future Land Use plan (p. 4) identifies the parcels for commercial development. Encourage further development of a 12 local commercial center on the Route 220 corridor between Old Rocky Mount Road and Franklin Road. Limit commercial development to the areas designated by the future land use map. The proposed development is consistent with future land use recommendations. Ensure that future commercial development incorporates convenient and safe connectivity and access to residential areas and to other commercial areas. Pursue opportunities to develop a commercial frontage road parallel to US 220. The proposal enhances access and safety, particularly for residents of the Southern Hills Neighborhood, who currently have no access to a signalized intersection. The proposal, however, will preclude development of a frontage street. Evaluate future commercial development to ensure a good relationship to surrounding uses in terms of access, scale, and orientation. The development makes considerable effort to create a positive relationship with adjacent residential uses to the east. The size of the building (105,000 s.f.), and the required parking, make it difficult to relate in terms of scale of the building. Access to surrounding uses will be enhanced. Ensure that parking areas are located to the back or side of buildings and incorporate interior landscaping and tree canopy coverage. The number of parking spaces should be limited to the minimum required by the zoning ordinance. The building's main frontage will be on the newly-created street and parking will be located between the street and the building. The number of spaces has been limited to the minimum required for the use. Avoid off-site impacts of commercial lighting by shielding fixtures and using lower mounting heights for light fixtures. Proffered conditions include limitations on height of fixtures (40') and specify shielding to prevent light trespass from the lot. New development should seek to provide safe, convenient connections between residential and commercial areas and between businesses. New roads should be designed so they connect with streets at multiple locations and avoid the use of cul-de-sacs. The proposal enhances connections between residential and commercial areas. Access between Southern Hills Drive/Griffin Road and the traffic signal is created. Access to Southern Lane to the north is maintained. The overall level of connectivity is enhanced. 13 Water, sewer, and storm drainage facilities should be available and adequate for existing and future development. The proposed development will enhance stormwater management conveyances receiving drainage from the east and south, as well as contain its own on-site stormwater retention system. Ensure that new development preserves mature trees and incorporates new tree plantings to replace those lost during development. Roughly two acres of the site are covered by trees according to aerial photography. Extensive grading will require that many trees will be removed. Tree canopy coverage will be provided by interior and perimeter parking lot landscaping. A portion of Tract B will remain undisturbed/forested. Recommended street designs (pp. 13-14). Street design is not being addressed as part of the petition. Staff recommends the street design provide a planting strip of at least five feet between the proposed curb and sidewalk. A major consideration vis-a-vis the comprehensive plan relates to the large expanse of parking, which is driven partly by the big-box nature of the proposal and partly by the current Zoning Ordinance. The number of parking spaces proposed has been considerably reduced below the number used for the Home Depot on Hershberger and Cove Roads. The existing Home Depot store has 632 parking spaces serving a similarly- sized store. The parking can be partly mitigated by aggressive interior landscaping with significant tree canopy coverage. The proffered landscape plan (Exhibit D) assumes a minimum 250 square-foot canopy for trees. Exhibit C provides elevations of the three facades of the building that will be visible. Details of a portion of the garden center are also shown in Exhibit C. The lumber entrance is secondary and is covered by covered extension over the loading area. The sketch of the garden center shows an enclosure with ornamental fencing with thin vertical pickets and a roof line consisting of multiple gables. Several architectural features have been added since the original petition. The main entrance is articulated by a projecting bay extending above the roof line. The base of the building contains a brick band and the roof line is accented with a cornice. Pilasters are indicated at the ends of the building. The petitioner sponsored an informational meeting prior to filing the petition. Approximately 30 people attended. Staff received several inquiries by phone seeking general information about the petition. 14 Springwood Associates, which owns the 50-acre parcel at the opposite end of Southern Hills Drive, expressed opposition to the proposed routing and steep grade of the new street at the July 21,2005, public hearing. During the Planning Commission public hearing on July 28, 2005, several citizens spoke in opposition to the petition. Mr. Carl Cooper, 3160 Round Hill Avenue, NW, spoke in opposition, citing issues with street connectivity, tree canopy coverage, and stormwater runoff (comments attached). Ms. Dawn Vinyard, President of the Southern Hills Neighborhood Council, spoke in opposition, citing issues with street connectivity, neighborhood visibility, and village center development (comments attached). Ms. Janice Vinyard also spoke in opposition to the petition. Recommendation: By a vote of 5-1, the Commission recommends that City Council approve the third amended petition. The Commission believes the proposed uses of the property are consistent with Vision 2001-2020 and the Southern Hills Neighborhood Plan. Respectfully submitted, Richard A. Rife, City Planning Commission C: Darlene L. Burcham, City Manager Rolanda Russell, Assistant City Manager for Community Development William M. Hackworth, City Attorney James F. Douthat, Attorney for the Petitioner THIRD AMENDED PETITION TO AMEND PROFFERED CONDITIONS AND PROFFER OF CONDITIONS IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Amendment and Substitution of Proffered Conditions on eleven (11) and Proffer of Conditions on four (4) tracts of land lying and being in the City of Roanoke, Virginia and briefly described as: Tax Map No. 5470115, 1.48 acres, Pine Grove, 4156 Southern Lane, S.W.; Tax Map No. 5470113, 0.5 acres, Part Lot 4, Maggie Redd Property, 4148 Southern Hill Lane, S.W.; Tax Map No. 5470114, 0.84 acres, Pine Grove, Griffin Road, S.W.; Tax Map No. 5470112, 1.34 acres, Pine Grove, 4325 Southern Hills Lane, S.W.; Tax Map No. 5470111, 1.19 acres, Pine Grove, 4134 Southern Lane, S.W.; Tax Map No. 5470108, 0.51 acres, Pine Grove, Southem Lane, S.W.; Tax Map No. 5470109, 0.71 acres, Pine Grove, 4146 Southern Hills Drive, S.W.; Tax Map No. 5470110, 0.06 acres, Pine Grove, Griffin Road, S.W.; Tax Map No. 5480701, 0.18 acres, Part Parcel No. 3, Pine Grove, 4118 Southern Hills Lane, S.W. and Tax Map No. 5480704, 5.3 acres, Pine Grove, 4116 Southern Hills Drive, S.W., Tax Map No. 5480718, .357 acres, Pine Grove, Franklin Road, S.W., Tax Map No. 5480717, .143 acres, Pine Grove, Franklin Road, S.W., Tax Map No. 5470103, .245 acres, Ogden, 4166 Franklin Road, S.W., Tax Map No. 5470104, .98 acres, Ogden, 4176 Franklin Rd., S.W., Tax Map No. 5470102, .4 acres, Ogden, Franklin Rd., S.W. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: By Ordinance No. 33759-040698 at the request of Southern Lane Group, LLC, a Virginia limited liability company, City Council rezoned the property identified as Tax Map Nos. 5470115, 5470113, 5470114, 5470112, 5470111, 5470108, 5470109, 5470110, 5480701 and 5480704 from R.S.-3 to C-2, General Commercial District, with proffered conditions. This property, together with Tax Map Nos. 5470103, 5470102, 5480717 and 5480718, which are also zoned C-2, General Commercial District, were to be combined as the site for a retail out parcel development as shown on map of the referenced property attached hereto as Exhibit A. {~)932227~1, 093230-00041~1} Petitioner, Faison-Southern Lane, LLC, owns the above referenced property and is the contract purchaser of the property identified as Tax No. 5470104 which is zoned C-2, General Commercial District. Faison-Southem Lane, LLC requests that the proffered conditions which apply to the above-referenced parcels of property be amended and that the conditions proffered in this Petition apply to all of the property owned by or under contract to Petitioner Faison- Southern Lane, LLC. Save-X 2 LLC, the Virginia limited liability company that owns Tax Map No. 5470104, joins with Petitioner Faison-Southem Lane, LLC in this request. Petitioner, Faison-Southem Lane, LLC believes that the repeal of proffers in Ordinance No. 33759-040698 in favor of the conditions proffered in this Petition will further the intent and the purpose of the City's zoning ordinance and its comprehensive plan in that it would allow for a better use of the property of Petitioner. Petitioner hereby requests that the following proffers enacted by Ordinance No. 33759- 040698 be repealed: 1. The property will be developed in substantial conformity with the Development Plan prepared by Lumsden Associates, dated June 17, 1997, and revised August 7, 1997, a copy of which is attached to the Petition for Rezoning as Exhibit B, subject to any changes required by the City as part of Comprehensive Development Plan review. 2. The exterior treatment of all buildings on the property shall be architecturally finished and shall be consistent in the use of architectural details and materials on all sides of the building. 3. All lighting on the property shall consist of fixtures designed with shields that direct illumination away from the adjoining residential neighborhood along the easterly side of Griffin Road. 4. All dumpsters, loading docks and heating/air conditioning handling units shall be screened from view by landscaping, masonry or metal screen walls. {#0932227-1, 093230-00041-01} 2 5. There shall be no building wall signs facing the residentially zoned neighborhoods along the easterly side of Griffin Road. 6. Outdoor advertising, as defined in the Roanoke City Code, shall not be permitted. 7. The combined surface area of all signs on the commercial lots, including signs erected in a required yard, shall not exceed 2.5 square feet for each foot of lot frontage for the first one hundred feet of lot frontage, and an additional 1.0 square feet for each foot of lot frontage remaining. All freestanding sign structures shall be limited to one per lot with a signage area no greater than 100 square feet. 8. Tract E shall not be used as a restaurant. Any restaurants located on Tracts, D, G & F shall not be Fast Food restaurants. Any restaurants constructed on Tracts D, G & F shall contain odor abatement equipment to abate the disbursement of cooking odors to the outdoors. 9. Any structure constructed on Tract E, including a motel or hotel, will be no more than three (3) stories high or a maximum of 45 feet measured from ground level 10. A sidewalk shall be included along the northern side of the relocated Southern Hills Drive, and continue along the eastern side of Southeru Lane, such, sidewalk shall run the length of the relocated Southern Hills Drive on the site and that portion of Southern Lane shown on the Development Plan. 11. The following C-2 uses as designated in the Code of the City of Roanoke shall not be permitted on Tracts D, E, F or G: 36.1-206(11) Police stations. 36.1-206(14) Military reserve and National Guard centers. 36.1-206(15) Training facilities .related to police, fire, rescue and ambulance uses. 36.1-206(19) Coliseums, stadiums, exhibition halls, and similar facilities. 36.1-206(21) Parks and playgrounds. 36.1-206(22) Drive-in movie theaters. 36.1-206(34) Neighborhood and highway convenience stores. {#0932227-1, 093230-00041~01} 3 36.1-206(35) Outdoor advertising subject to the requirements of section 36.1-440 et seq. 36.1-206(36) Gas stations. 36.1-206(39) Automobile 'cleaning facilities. 36.1-206(40) Automobile repair establishments except painting and body shops. 36.1-206(42) Public parking structures. 36.1-206(44) Bus terminals for the loading and unloading of passengers. 36.1-206(45) Veterinary clinics with no outside corrals or pens. 36.1-206(46) Kennels with no outside pens or "runs." 36.1-206(47) Plant nurseries and greenhouses including those with retail sales. (Ord. No. 28611, § 2, 4-27-87; Ord. No. 29932, 2- 20-90; Ord. No. 30648A, 8-26-9 1). 36.1-207(1) Group care facilities subject to the requirements of section 36.1-560 et seq. 36.1-207(4) Establishments primarily engaged in the sale or rental of automobiles, trucks and construction equipment including the incidental repair and maintenance of vehicles where the lot area is less than twenty thousand (20,000) square feet. 36.1-207(5) Automobile painting and body shops provided that there shall be no outdoor storage of damaged automobiles, equipment, auto parts or other materials. 36.1-207(9) Utility substations, transmission lines and towers, booster stations, relay stations and transformers, and similar uses provided that light, fumes, noise, unsightliness, or other associated activities or emissions are adequately screened from the surrounding neighborhood. 36.1-207(10) Medical laboratories. Additionally, open air markets selling second hand merchandise and other miscellaneous items shall not be permitted on Tracts D, E, F or G. 12. Signage approved by the petitioner and the City of Roanoke, and identifying the Southern Hills Neighborhood shall {~K)932227-1, 093230-0004%01} 4 be placed on both sides of Southern Hills Drive at its intersection with Griffin Road. 13. Petitioner's landscape buffering/screening along Griffin Road shall be designed so that a row of evergreen trees shall face the residential neighborhood located on the easterly side of Griffin Road, followed by a second and interior row of deciduous trees, subject to any changes required by the City as part of Comprehensive Development Plan review. Petitioner hereby requests that the following proffered conditions be substituted and adopted for those existing proffers delineated above and apply to all of the referenced property owned by or under contract by the Petitioner: 1. The property will be developed in substantial conformity with the Concept Site Plan, The Home Depot, Franklin Road and Valley Avenue, City of Roanoke, Virginia prepared by Mattern & Craig, dated July 8, 2005, a copy of which is attached to this Petition as Exhibit B, subject to any changes required by the Virginia Department of Transportation or the City as part of Comprehensive Development Plan review. 2. The 105,000 ± s.f. commercial building shall be architecturally finished in substantial conformity with the July 25, 2005, rendering of The Home Depot, City of Roanoke, Franklin Road & Valley Avenue, by Architectural Group International, a copy of which is attached to this Petition as Exhibit C. 3. Any outdoor light fixture shall be a full cutoff fixture or a decorative fixture with full cutoffoptics. A "full cutoff fixture" shall mean an outdoor light fixture shielded in such a manner that all light emitted by the fixture, either directly fi'om the lamp or indirectly from the fixture, is projected below the horizontal plane. A "decorative fixture with full cutoffoptics" shall mean an outdoor light fixture with manufacturer-provided or manufacture-installed full cut- offoptics. {~0932227-1, 093230-00041-01} 5 4. The spillover of lighting from any parking area on the subject property onto public rights-of-way or abutting property in residentially zoned districts shall not exceed one-half (0.5) foot candle at the property line. 5. Any outdoor lighting in parking areas shall not exceed forty (40) feet in height. The maximum height shall apply to the height of the poles or other standards to which the fixtures are attached or the top most point of the fixture itself, whichever is higher. 6. Outdoor lighting information for the subject property shall be submitted during comprehensive development plan review. Such information shall include the following: (a) Location of all outdoor lighting fixtures including the manufacturer,s specifications of the area to he lighted with such fixtures; (b) Plans indicating the location on the property, and the type, of illuminating devices, fixtures, lamps, supports, reflectors and other devices; (c) Description of the illuminating devices, fixtures, lamps, supports, reflectors and other devices; (d) Photometric data, such as that furnished by manufacturers, showing the angle of cut off of light emissions; and (e) Other information as may be deemed necessary by the Zoning Administrator to determine compliance with the lighting proffers. 7. All dumpsters, loading docks, heating/air conditioning handling units and grotmd mounted electrical transformer boxes shall be screened from view from public rights of way adjacent to the subject property by landscaping, masonry or metal screen walls. 8. There shall be no building wall signs facing the residentially zoned property along the easterly side of Griffin Road. {/K)932227-1,093230-00041-01} 6 9. Signage provided by the petitioner and approved by the City of Roanoke, and identifying the Southern Hills Neighborhood shall be placed on the side of Griffin Road near its intersection with Roy Drive. 10. Landscaping shall be as shown on the Concept Landscape Plan, The Home Depot, Franklin Road and Valley Avenue, City of Roanoke, Virginia, dated July 8, 2005, prepared by Mattem & Craig, a copy of which is attached hereto as Exhibit D, subject to any changes required by the City as part of Comprehensive Development Plan review. 11. The following C-2 uses as designated in the Code of the City of Roanoke shall be permitted on the subject properties: 36.1-206(1) Dwellings located above ground floor nonresidential uses. 36.1-206 (3) Trade, business and art schools of a nonindustrial nature. 36.1-206 (4) Trade and vocational schools of an industrial nature. 36.1-206 (6) Day care centers with unlimited capacity subject to the requirements of section 36.1-510 et seq. 36.1-206 (7) Churches, synagogues and other places of worship including accessory columbmiums. 36.1-206 (8) Libraries, museums, art galleries and art studios and other similar uses including associated educational and instructional activities. 36.1-206 (16) Post offices. 36.1-206 (17) Indoor recreational uses including bowling alleys, indoor tennis courts, squash courts, fitness centers and other similar uses. 36.1-206 (18) Theaters with unlimited seating capacity. 36.1-206 (20) Outdoor recreational facilities including swimming clubs, tennis courts, athletic facilities and other similar uses. 36.1-206 (23) General and professional offices including financial institutions. {#0932227-1, 093230-00041-01} 7 36.1-206 (24) Medical clinics. 36.1-206 (25) Medical offices. 36.1-206 (26) General service establishments, except for repair or maintenance of motor vehicles or trailers, provided that, all repair or maintenance activities shall occur in a wholly enclosed building. 36.1~206 (27) Funeral homes. 36.1-206 (28) Restaurants. 36.1-206 (29) Hotels, motels, and inns. 36.1-206 (30) Bed and breakfast establishments subject to the requirements of section 36.1-520 et seq. 36.1-206 (31) General retail establishments primarily engaged in the retail sale or rental of merchandise, goods, or products except automobiles, tracks, or construction equipment; and including the incidental repair and assembly of merchandise, goods or products to be sold on the premises. 36.1-206 (32) Open air markets selling farm produce, crafts, plants, secondhand merchandise and other miscellaneous items. 36.1-206 (33) Food stores with unlimited gross floor area. 36.1-206 (34) Neighborhood and highway convenience stores, provided that no motor vehicle service station canopy over a gas pump island shall be allowed, unless: (a) Such canopy shall have a maximum clear, unobstructed height to its underside not to exceed fourteen (14) feet six (6) inches and a maximum overall height not to exceed sixteen (16) feet six (6) inches; (b) · There shall be no illumination of any portion of the fascia of the canopy; (c) Any lighting fixtures or sources of light that are a part of the underside of the canopy shall be recessed into the underside of the canopy so as not to protrude below the canopy ceiling. All such lighting associated with the canopy shall be directed downward toward the pump islands and shall not be directed outward or away from the site. (d) The vertical dimension of the fascia of such canopy shall be no more than two (2) feet; and {#0932227-1,093230-00041-01} 8 (e) Signs attached to or on such canopy shall not be illuminated and shall not extend beyond the ends or extremities of the fascia of the canopy to which or on which they are attached. 36.1-206 (37) New motor vehicle sales and service establishments, provided the lot area for this use is no less than forty thousand (40,000) square feet. 36.l-206 (38) Auto accessory sales with related installation. 36.1-206 (43) Storage and warehouse activities which are accessory to a retail use where all storage activities are wholly enclosed in a building which is located on the same lot as the retail use and where the gross floor area of buildings used for storage activities does not exceed fifty (50) percent of the gross floor area of the retail use. 36.1-206 (47) Plant nurseries and greenhouses including those with retail sales. 36.1-206 (48) Commercial printing establishments which print newspapers, publications, and other materials. 36.1-206 (49) Personal service establishments. 36.1-206 (50) Business service establishments. 12. The following C-2 uses as designated in the Code of the City of Roanoke shall be permitted on the subject properties by Special Exception granted by the Board of Zoning Appeals: 36.1-207 (2) Fast food restaurants. 36.1-207 (7) Establishments primarily engaged in the wholesale distribution of goods where all related activities are wholly enclosed in a building provided that: (a) The total gross floor area of buildings on a lot shall not exceed twelve thousand (12,000) square feet. highway. The use is located on a major arterial road or 36.1-207 (8) Manufacturing, assembly, mixing, processing or other processes which are accessory to a retail use, where all such activities are wholly enclosed in the same building as the retail use {ffi)932227-1, 093230-00041-01} 9 and where no more than five (5) people are involved in such processes on the premises. 13. As any development on Tracts B and C, as identified on the Concept Site Plan (Exhibit B), will be visible from public roads from multiple directions, the architectural treatment and palette of exterior materials utilized for any structure built on either of these tracks shall be applied to all facades of such structure in a consistent and uniform manner. 14. The seasonal sales area designated on the Concept Site Plan (Exhibit B) will be used solely for the seasonal sale of plants, shrubs, trees and assorted potted nursery products together with associated bag products such as mulch, top soil and potting soil. The seasonal sales area will be in use, intermittently, for approximately six months per year for the sale of plants and plant related items appropriate to the time of the year, such as spring and summer live plants and Christmas trees and related greenery. No buildings, sheds, trailers, lawn mowers, gas grills, tractors or similar items will be displayed, stored or sold in the seasonal sales area. 15. If requested by the City as part of the Comprehensive Development Plan review, a natural non-handicapped accessible pedestrian access will be located between the Home Depot parking lot and Griffin Road near its intersection with Southern Hills Drive. 16. The finished grade of Griffin Road between its intersection with Southern Lane and its intersection with Southern Hills Drive as shown on the Concept Site Plan (Exhibit B) will not exceed twelve and one-half(12 ½) percent. 17. There will be no outdoor storage of goods, materials or merchandise other than as proffered for the seasonal sales area designated on the Concept Site Plan (Exhibit B) and the areas surrounded by omamental fence shown on the Concept Site Plan (Exhibit B) and the Rendering of the Home Depot building (Exhibit C). {~0932227-1, 093230-00041-01} 10 Attached as Exhibit E are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to and immediately across a street or road from the subject property. WHEREFORE, the Petitioner requests that the above-described amended proffers be approved as herein set out in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted, this ~th day of July, 2005. Respectfully submitted, FAISON-SOUTHERN LANE, LLC By: Kent ,,.olJerts) ~ SAVE-X 2, LLC By: SAVE-X USA, INC. ~ K~nt Rob~rtts ////"'~ James F. Douthat, Esq. Woods Rogers PLC 10 S. Jefferson Street, Suite 1400 P.O. Box 14125 Roanoke, VA 24038-4125 540-983-7662 Counsel for Faison-Southem Lane, LLC And Save-X 2 LLC Pres. {#0932227-1, 093230-00041-01} 11 t!11t~ 'If|Ii.' !! ADJACENT PROPERTY CITY OF ROANOKE, VIRGINIA TAX NO. OWNER MAILING ADDRESS 5470116 New Plan Realty Trust P.O. Box 4900, Scottsdale, AZ 85261 5470201 WP, Grant 1613 Dunbar St., N-W, Roanoke, VA 24012 5480401 James A. Allman 1630 Jumping Run Dr., Goodview, VA 24095 5480301 Virginia L. Cobbs 4208 Southern Hills Dr., SW, Roanoke, VA 24014 5480341 John W. & Mary Ann Spring 1757 Tapo Canyon Suite 300, Simi Valley, CA 93063 5480121 Rama May Ford 4215 Roy Drive, SW, Roanoke, VA 24014 5480703 Henry H. & Madeline D. Muse 4049 Griffin Rd., SW, Roanoke, VA 24014 5480716 City of Roanoke, Virginia 1317 Loudon Ave., NW, Roanoke, VA 24014 5480706 A. Gary & Jeanne Yamine 6760 Christopher Dr., Roanoke, VA 24018 5480705 Charles E. & Catherine C. Long 4527 Burma Rd., Radford, VA 24141 5470104 SAVE-X 2 LLC 416 S. Jefferson St., Ste. 205, Roanoke, VA 24011 COUNTY OF ROANOKE, VIRGINIA PARCEL ID# OWNER ! MArl,lNG ADDRi~..SS 087.08-05-01.00- Lowes Home Centers Inc. 4224 Valley Avenue, Roanoke, VA 24014 0000 087.08-05-02.00- Just Duus II LLC 4347 Franlclin Road, Roanoke, VA 24014 0000 077.20-01-40.00- First National Exchange 4143 Franklin Road, Roanoke, VA 24014 0000 Bank 087.08-01-02.00- Old Heritage Corp. 4252 Summit Street, Roanoke, VA 24014 0000 {;~0922076-1, 106211-0~00-01} FroIP the desk of: Carl D. Cooper July 28, 2005 City of Roanoke Planning Commission 215 Church Avenue, S.W. Noel C. Taylor Municipal Building - Room 166 Roanoke, VA 24011 Re: Home Depot Request Regarding Southern Hills Mr. Richard A. Rife, Chair Mr. Gilbert E. Butler, Jr. Mr. D. Kent Chrisman Mr. Robert B. Marietta Ms. Paula Prince Mr. Henry Scholz Mr. Fredrick M. Williams Dear Mr. Rife and Members of the Planning Commission: I believe that the proposed Home Depot development is deficient to the Southern Hills Neighborhood Plan, the Urban Forestry Plan and fails to adequately address Stormwater Runoff: 1) issues: Connectivity Issues · The Southern Hills Neighborhood Plan speaks clearly regarding connectivity "Provisions for pedestrian access between commemial development are seriously lacking. Patrons visiting more than one business are encouraged to get back in their cars and drive rather than walk across the parking lot if the next store is more than a few hundred feet away." (page 7) "Access to commercial areas is poor and should be addressecl. First, businesses are not connected to each other. Patrons must re-enter a congested Route 220 to gain access to other businesses. Better access to residential areas is also needed. New development presents an oppommity to provide connections with existing businesses and residential areas. Residents cited the close proximity to the business area as a major asset to the neighborhood, but they would like to see better access to the business area." (page 10) "Poor access should be addressed with a street that runs parallel to US 220 between the existing Frontage Road near IHOP and Old Rocky Mount Road. Page 1 of 3 _From the desk of: Carl D. Cooper o Option #1 would be a private/public road through existing parking lots which already function, to some extent, as a frontage road. o Option #2 is a public street directly adjacent to US 220." (page 14) From page 22 (Policies) New development should seek to provide safe, convenient connections between residential and commercial areas and between businesses. New roads should be designed so they connect with streets at multiple locations and avoid the use of cul-de-sacs. Safe, convenient auto, pedestrian, and bicycle access should be provided throughout the neighborhood. New streets should be designed according to the recommended street designs in the Infrastructure section. The connectivity issues are not being faithfully addressed. The proposed reconfiguration of Griffin road connecting Southern Hills Dr. to the signalized intersection at 220 does not promote connectivity as Chris Chittum claims in his staff report. The road is an indirect connection that takes pedestrians out of their way and up a 14% grade (in both directions) in order to get from Southern Hills Drive and light at 220. This is done solely to accommodate the parking lot. The sidewalk that is proposed for one side of the realigned Griffin Road starts at Southern Hills Dr. and ends at a busy intersection at the entrance of the Home Depot parking lot. There is no formalized pedestrian access (sidewalks) through the parking lot to the front door of the store. The layout ofthe building precludes the possibility of providing access (for pedestrians, bicyclists, or cars) between Home Depot and businesses located in Hunting Hills Plaza where Wal-Mart is located. This proposal provides nothing in the way of "safe and convenient" access, and especially not for pedestrians and bicyclists. Equally as important, I also believe that there needs to be additional discussion and offers of proof from Planning regarding the assertion in their June 2005 Neighborhood Plan Implementation Report that the Street/Gateway plan for the 220 corridor study and associated improvements suggested in the Southern Hills Neighborhood Plan has been precluded by the proposed routing of 1-73. 2) Urban Forestry Issue · PL A15 on page 26 of The Urban Forestry Plan calls for "stronger tree canopy requirements for parking lots (such as a 40% minimum tree canopy at maturity) in the zoning ordinance revision." The current discussion regarding tree canopy requirements for the Home Depot parking lot seem to focus on what percentage of the proposed parking lot will initially contain tree canopy. As Chris Chitmm points out, "The problem with meeting our tree canopy goals is our own current minimum parking requirements. The proposed tree canopy for the Home Depot site is at about 10% -- achieved through tree planting on the interior of the parking lot and around the perimeter. I've looked at this closely and, given the building size and the lot size, they arc close to having the Page 2 of 3 From the desk of: Carl D. Cooper maximum they can do because our current minimum parking requirements limit the amount of land available for tree canopy. In other words, they can't increase their tree canopy substantially without reducing parking spaces below our requirements." However PLA 15 on page 26 of The Urban Forestry Plan clearly directs planning and zoning goals toward achieving 40% minimum tree canopy at maturity. It appears that there has not been adequate analysis on the mature tree canopy percentage. This project will have an environmental impact lasting well beyond the life of our current zoning ordinance. Therefore I submit it is proper to consider the impact of this project relative to stated goals of the Urban Forestry component of the Comprehensive Plan. Additionally, I submit that the conflict between tree canopy requirements (planted and matured) and minimum parking spaces should be resolved with a bias toward tree canopy. One of the main reasons I believe this is that any increase in hard surface area has a direct correlation to storm water runoff. 3) Storm Water Runoff Home Depot has proposed to construct two boxed culverts to carry the Ore Branch creek under their property and onto the Roanoke River. Individually, perhaps the Ore Branch may be able to absorb the additional run-off. However, when the Slate Hill, Wilton and Ivy Market (also with a double boxed culvert) runoff is considered, the Ore Branch will continue to be a flooding nightmare for the neighborhoods surrounding the Roanoke River right behind the Ramada on Franklin Road. I believe that the Planning Commission should become well satisfied that the cumulative effect of these additional runoffs, as well as the potential for additional runoff from the as-yet-undeveloped 65 acre Freeman Brother's property, will be adequately handled. In closing, I submit that the proposed Home Depot development is non-compliant to the Southern Hills Neighborhood Plan, the Comprehensive Plan, the Urban Forestry Plan and common sense storm water management principles. I hope that during your continued discussions with the developer that you will strive to minimize deviations from the above plans and principles. Respectfully submitted, Carl D. Cooper 3160 Round Hill Avenue, NW Roanoke, VA 24012 Page 3 of 3 Southern Hills Neighborhood Council address to the Planning Commission of the City of Roanoke 28 July, 2005 L. Dawn Vineyard President Thank you for extending the opportunity for residents of Southern Hills to address our views regarding the request from Fa/son-Southern Lane Group & Save-X to 1. vacate & close a portion of Southern Lane and Southern Hills Drive and re- align Southern Hills Drive 2. make an amendment and proffer of conditions that will combine certain tracts into one to accommodate the Home Depot facility and their prospective market. My address is in opposition to these requests for the following reasons: I. Precludes connectivity to area neighborhoods & businesses, II. Land Use is currently established for and will better serve the Roanoke Valley as a village center. Policies and recommended actions of Vision 2001-2005 that we feel support our arguments are as follows: EDA15 1. Increase efforts to provide tourist information for res/dents and visitors. (p.6O) 2. Create satellite centers for visitors ... to capture local reaional, and destination shoppers. ED Al4 Promote greenways and linkages to the downtown and surrounding areas. ED Al6 Expand the current marketing strategy to target young families and young adults. (p.61) ED A36 Encourage village centers through identification of potential locations in neighborhood plans. (p. 62) NH Al7 Identify gateways, key intersections, and major corridors for physical improvement that promotes neighborhood streets, sidewalks and tree canopies. (p. 40) Southern Hills should contain a village center, one that will unite surrounding communities and provide opportunities for local entrepreneurs to open retail businesses that will give travelers a reason to stop, meet the friendly citizens of Roanoke and further explore the city. Also, maintaining and promoting the site as a village center will make our residential area highly visible, thus attracting residential development, opportunities that will encourage commuters to re-locate to Roanoke, and it will prevent potential criminal activity that will accompany the seclusion afforded by a big-box business. Amending the use and proffered conditions of the said tracts of land by re- configuring entry to our portion of Southern Hills along Griffin Road demonstrates Home Depot's commitment to their target market and lack of commitment to the community in which it wishes to locate by literally hiding our neighborhood, rendering us more invisible than ever before and hindering our easy, and safe access to businesses and travel along the Rte. 220 corridor. l~nstead of perpetuating Roanoke's reputation for being the most segregated city in the South, we want Southern Hills to be a neighborhood that echoes the vision of Roanoke City's comprehensive plan. 4 NH A~I Revise zoninq ordinance to encouraae the development of hiqher- density, mixed-use villaqe center.~ .... (p. 41) NH P2 Neighborhoods will function as villages, offering opportunities to five, work, sleep, play, and interact in a neighborhood setting. Neighborhood-oriented commercial activity will be encouraged in well- defined village centers. (p. 40) The 1-581/Rte. 220 intersection generates more traffic than any other intersection in Roanoke City and directly serves neighboring city and county communities such as South Roanoke, Garden City, the Tanglewood area, Hunting Hills, Clearbrook, and Boones Mill, therefore making Southern Hills (the area encompassing residential subdivisions and businesses from $outhmont to the Blue Ridge Parkway) the northbound gateway into Roanoke City. We are all aware that Southern Hills is one of the greatest potential residential and commercial development opportunities in the Roanoke Valley. To the city, Home Depot may be a symbol of suburban security, but to us it would destroy a potentially thriving neighborhood. Home Depot serves a very specific homebuilder and home improvement market. Traffic along Rte. 220/I-581 consists of motorists traveling to/through the Roanoke Valley, through Virginia, and commuters who earn their paycheck in Roanoke and spend it closer to their homes and preferred retail centers in surrounding counties and neighboring states. The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times .................................................. + ........................ JAMES DOUTHAT P. O. BOX 14125 C/O WOODS, ROGERS & ROANOKE VA 24038 REFERENCE: 80095560 07195140 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 Koanoke, 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 _gia. Sworn and subscribed before me this ~' day Of August 2005. Witness my hand and J~ ~~ /~otary P~ic PUBLISHED ON: 08/02 08/09 TOTAL COS~F: 339.02 FILED ON: 08/09/05 Authorized~0 ~0~'~ ~ ~ ~f¥-% + S~gnature:___k_'~___V~_~__~___~_~_'____~_____~___'_'_ , Billing Services Representative NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, August 15, 2005, at 7:00 p.m., in the Council Chamber in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., on the question of amending and substituting proffered conditions presently binding upon 10 tracts of land located on Franklin Road, Southern Lane, Southern Hills Drive and Griffin Road, S.W., and designated as Official Tax Nos. 5470115, 5470114, 5470113, 5470112, 5470111, 5470110, 5470109, 5470108, 5480701 and 5480704, as set forth in Ordinance No. 35759-040698, adopted April 6, 1998, and placing certain conditions upon 5470104, 5470103, 5470102, 5480718 and 5480717. 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, August 11, 2005. GIVEN under my hand this 29thday of July ,2005. Mary F. Parker, City Clerk. K \NOTICES/N -AP-FRAN KLIN ROAD (HOME DEPOT) 081505 DOC Notice to Publisher: Publish in the Roanoke Times once on Tuesday, August 2, 2005 and Tuesday, August 09, 2005. Send affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 Send bill to: James F. Douthat, Esquire Woods Rogerts PLC P. O. Box 14125 Roanoke, Virginia 24038-4125 (540) 983-7662 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.roa o e.va.us August 4, ~J05 STEPHANIE M. MOON, CMC Deputy City Clerk File #51 SHEILA N. HARTMAN Assistant City Clerk New Plan Realty Trust Mr. W. R. Grant Mr. James A. AIIman Ms. Virginia L. Cobbs Mr. and Mrs. John W. Spring Ms. Rama M. Ford Mr. and Mrs. Henry H. Muse Mr. and Mrs. Gary Yamine Mr. and Mrs. Charles E. Long SAVE-X 2 LLC Lowes Home Centers, Inc. Just Duus, II, LLC First National Exchange Bank Old Heritage Corp. Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, August 15, 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 James F. Douthat, Attorney representing Faison-Southern Land, LLC and Save-X 2, LLC, on the question of amending and substituting proffered conditions presently binding upon ten tracts of land located on Franklin Road, Southern Lane, Southern Hills Drive and Griffin Road, $. W., and designated as Official Tax Nos. 5470115, 5470114, 5470113, 5470112, 5470111, 5470110, 5470109, 5470108, 5480701 and 5480704, as set forth in Ordinance No. 35759-040698, adopted April 6, 1998, and placing certain conditions upon 5470104, 5470103, 5470102, 5480718 and 5480717. This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning, Building and Development at 540-853-1730. 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 KSPublic Hearlngs~Public Hearings 2005~Aug 05XAtmrneys and Adjoining Property Owners.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-mail: clerk @ ci.roanoke.va.us August 4, 2005 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk File #51 James F. Douthat, Attorney Woods Rogers PLC P. O. Box 14125 Roanoke, Virginia 24038-4125 Dear Mr. Douthat: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, August 15, 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 question of amending and substituting proffered conditions presently binding upon ten tracts of land located on Franklin Road, Southern Lane, Southern Hills Drive and Griffjn Road, S. W., and designated as Official Tax Nos. 5470115, 5470114, 5470113, 5470112, 5470111, 5470110, 5470109, 5470108, 5480701 and 5480704, as set forth in Ordinance No. 35759-040698, adopted April 6, 1998, and placing certain conditions upon 5470104, 5470103, 5470102, 5480718 and 5480717. 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:~Public Hearingshnublic Hearings 2005~Aug 05~Attorneys and Adjoining Property Owners,d~c James F. Douthat, Attorney August 4, 2005 Page 2 It will be necessary for you, or your representative, to be present at the August :~5 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosure K:Wublic Hea~ngs~Public Hearing~ 2005~Aug 05~Attomey$ and Adjoining Property Owners.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 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk July 29 2005 File #51 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 third amended petition received in the City Clerk's Office on July 29, 2005, from James F. Douthat, Attorney, representing Faison-Southern Lane, LLC and Sa~e-X 2, LLC, requesting Amendment and Substitution of Proffered Conditions on 11 tracts of land and Proffer of Conditions on four tracts of land located on Franklin Road, Southern Lane, Southern Hills Lane, Southern Hills Drive, and Griffin Road, S. W., as more fully described in the above referenced third amended petition. Sincerely, ~. City Clerk MFP:ew Enclosures Richard A. Rife, Chair City Planning Commission July 29, 2005 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council James F. Douthat, Attorney, Woods Rogers PLC, P. O. Roanoke, Virginia 24038-4125 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 Nancy C. Snodgrass, Zoning Administrator Box 14125, 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) $53-2541 F~x: (540) 853-1145 E-mail: clerk~ci.roanoke.vt tts STEPHANIE M. MOON Deputy City Cleric SHEILA N. HARTMAN Assistant City Clerk July 27 2005 File #51 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 second amended petition received in the City Clerk's Office on July 27, 2005, from James F. Douthat, Attorney, representing Faison-Southern Lane, LLC and Save-X 2, LLC, requesting Amendment and Substitution of Proffered Conditions on 11 tracts of land and Proffer of Conditions on four tracts of land located on Franklin Road, Southern Lane, Southern Hills Lane, Southern Hills Drive, and Griffin Road, S. W., as more fully described in the above referenced second amended petition. Sincerely, City Clerk MFP:ew Enclosures Richard A. Rife, Chair City Planning Commission July 27, 2005 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council James F. Douthat, Attorney, Woods Rogers PLC, P. O. Box Roanoke, Virginia 24038-4125 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 Nancy C. Snodgrass, Zoning Administrator 14125, 540 983~7662 douthat(~woodsrogers.¢om WOODS ROGERS ATTORNEYS AT LAW July 26, 2005 BY HAND Brian Townsend City of Roanoke Department of Planning, Building & Development 111 Franklin Plaza Roanoke, Virginia 24011-1595 Re: Second Amended Petition to Amend Proffered Conditions and Proffer of Conditions Dear Brian: Please find attached Second Amended Petition to Amend Proffered Conditions and Proffer of Conditions submitted by Faison-Southem Lane, LLC. The Second Amended Petition differs from that previously submitted as follows: 1. Title of the document is shown as the Second Amended Petition. 2. Paragraph no. 2 has been amended to reflect the July 25, 2005, date of the attached Home Depot Rendering (Exhibit C). 3. Proffered Conditions have been amended by the addition of paragraphs no. 13, 14, 15 and 16. If there are any questions regarding the enclosed or if I may provide any further information which might be beneficial to the Planning Commission prior to the continued meeting at 3 p.m., July 28, 2005, please do not hesitate contact me immediately. Your assistance in this matter is greatly appreciated. JFD:sg Encl. Very truly yours, that {#0031875-1, 09323000041-01} P.O. Box 14125 / Roanoke, Virginia 240384125 10 South Jefferson Street, Suite 1400 540 983-7600 / Fax 540 983-7711 / mail~woodsrogers.corn Offices also in Blacksburg, Danville, Lynchburg and Richmond, Virg/nia SECOND AMENDED PETITIONTO AMENDPROFFEREDCONDITIONS ANDPROFFEROFCONDITIONS 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Amendment and Substitution of Proffered Conditions on eleven (11) and Proffer of Conditions on four (4) tracts of land lying and being in the City of Roanoke, Virginia and briefly described as: Tax Map No. 5470115, 1.48 acres, Pine Grove, 4156 Southern Lane, S.W.; Tax Map No. 5470113, 0.5 acres, Part Lot 4, Maggie Redd Property, 4148 Southern Hill Lane, S.W.; Tax Map No. 5470114, 0.84 acres, Pine Grove, Griffin Road, S.W.; Tax Map No. 5470112, 1.34 acres, Pine Grove, 4325 Southem Hills Lane, S.W.; Tax Map No. 5470111, 1.19 acres, Pine Grove, 4134 Southern Lane, S.W.; Tax Map No. 5470108, 0.51 acres, Pine Grove, Southern Lane, S.W.; Tax Map No. 5470109, 0.71 acres, Pine Grove, 4146 Southern Hills Drive, S.W.; Tax Map No. 5470110, 0.06 acres, Pine Grove, Griffin Road, S.W.; Tax Map No. 5480701, 0.18 acres, Part Parcel No. 3, Pine Grove, 4118 Southern Hills Lane, S.W. and Tax Map No. 5480704, 5.3 acres, Pine Grove, 4116 Southern Hills Drive, S.W., Tax Map No. 5480718, .357 acres, Pine Grove, Franklin Road, S.W., Tax Map No. 5480717, .143 acres, Pine Grove, Franklin Road, S.W., Tax Map No. 5470103, .245 acres, Ogden, 4166 Franklin Road, S.W., Tax Map No. 5470104, .98 acres, Ogden, 4176 Franklin Rd., S.W., Tax Map No. 5470102, .4 acres, Ogden, Franklin Rd., S.W. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: By Ordinance No. 33759-040698 at the request of Southern Lane Group, LLC, a Virginia limited liability company, City Cotmcil rezoned the property identified as Tax Map Nos. 5470115, 5470113, 5470114, 5470112, 5470111, 5470108, 5470109, 5470110, 5480701 and 5480704 from R.S.-3 to C-2, General Commercial District, with proffered conditions. This property, together with Tax Map Nos. 5470103, 5470102, 5480717 and 5480718, which are also zoned C-2, General Commercial District, were to be combined as the site for a retail out parcel development as shown on map of the referenced property attached hereto as Exhibit A. {#0924954-1,093230-00041-01} Petitioner, Faison-Southem Lane, LLC, owns the above referenced property and is the contract purchaser of the property identified as Tax No. 5470104 which is zoned C-2, General Commercial District. Faison-Southern Lane, LLC requests that the proffered conditions which apply to the above-referenced parcels of property be amended and that the conditions proffered in this Petition apply to all of the property owned by or under contract to Petitioner Faison- Southern Lane, LLC. Save-X 2 LLC, the Virginia limited liability company that owns Tax Map No. 5470104, joins with Petitioner Faison-Southern Lane, LLC in this request. Petitioner, Faison-Southern Lane, LLC believes that the repeal of proffers in Ordinance No. 33759-040698 in favor of the conditions proffered in this Petition will further the intent and the purpose of the City's zoning ordinance and its comprehensive plan in that it would allow for a better use of the property of Petitioner. Petitioner hereby requests that the following proffers enacted by Ordinance No. 33759- 040698 be repealed: 1. The property will be developed in substantial conformity with the Development Plan prepared by Lumsden Associates, dated June 17, 1997, and revised August 7, 1997, a copy of which is attached to the Petition for Rezoning as Exhibit B, subject to any changes required by the City as part of Comprehensive Development Plan review. 2. The exterior treatment of all buildings on the property shall be architecturally finished and shall be consistent in the use of architectural details and materials on all sides of the building. 3. All lighting on the property shall consist of fixtures designed with shields that direct illumination away from the adjoining residential neighborhood along the easterly side of Griffin Road. 4. All dumpsters, loading docks and heating/air conditioning handling units shall be screened from view by landscaping, masonry or metal screen walls. {~0924954-1,093230-00041-01} 2 5. There shall be no building wall signs facing the residentially zoned neighborhoods along the easterly side of Griffin Road. 6. Outdoor advertising, as defined in the Roanoke City Code, shall not be permitted. 7. The combined surface area of all signs on the commercial lots, including signs erected in a required yard, shall not exceed 2.5 square feet for each foot of lot frontage for the first one hundred feet of lot frontage, and an additional 1.0 square feet for each foot of lot frontage remaining. All freestanding sign structures shall be limited to one per lot with a signage area no greater than 100 square feet. 8. Tract E shall not be used as a restaurant. Any restaurants located on Tracts, D, G & F shall not be Fast Food restaurants. Any restaurants constructed on Tracts D, G & F shall contain odor abatement equipment to abate the disbursement of cooking odors to the outdoors. 9. Any structure constructed on Tract E, including a motel or hotel, will be no more than three (3) stories high or a maximum of 45 feet measured from ground level. 10. A sidewalk shall be included along the northern side of the relocated Southern Hills Drive, and continue along the eastern side of Southern Lane, such, sidewalk shall run the length of the relocated Southern Hills Drive on the site and that portion of Southern Lane shown on the Development Plan. 11. The following C-2 uses as designated in the Code of the City of Roanoke shall not be permitted on Tracts D, E, F or G: 36.1-206(11) Police stations. 36.1-206(14) Military reserve and National Guard centers. 36.1-206(15) Training facilities .related to police, fire, rescue and ambulance uses. 36.1-206(19) Coliseums, stadiums, exhibition halls, and similar facilities. 36.1-206(21) Parks and playgrounds. 36.1-206(22) Drive-in movie theaters. 36.1-206(34) Neighborhood and highway convenience stores. {#0924954-1, 093230-00041-01} 3 36.1-206(35) Outdoor advertising subject to the requirements of section 36.1-440 et seq. 36.1-206(36) Gas stations. 36.1-206(39) Automobile 'cleaning facilities. 36.1-206(40) Automobile repair establishments except painting and body shops. Public parking structures. Bus terminals for the loading and unloading of 36.1-206(42) 36.1-206(44) passengers. 36.1-206(45) 36.1-206(46) 36.1-206(47) Veterinary clinics with no outside corrals or pens. Kennels with no outside pens or "runs." Plant nurseries and greenhouses including those with retail sales. (Ord. No. 28611, § 2, 4-27-87; Ord. No. 29932, 2- 20-90; Ord. No. 30648A, 8-26-9 1). 36.1-207(1) Group care facilities subject to the requirements of section 36.1-560 et seq. 36.1-207(4) Establishments primarily engaged in the sale or rental of automobiles, trucks and construction equipment including the incidental repair and maintenance of vehicles where the lot area is less than twenty thousand (20,000) square feet. 36.1-207(5) Automobile painting and body shops provided that there shall be no outdoor storage of damaged automobiles, equipment, auto parts or other materials. 36.1-207(9) Utility substations, transmission lines and towers, booster stations, relay stations and transformers, and similar uses provided that light, fumes, noise, unsightliness, or other associated activities or emissions are adequately screened from the surrounding neighborhood. 36.1-207(10) Medical laboratories. Additionally, open air markets selling second hand merchandise and other miscellaneous items shall not be permitted on Tracts D, E, F or G. 12. Signage approved by the petitioner and the City of Roanoke, and identifying the Southem Hills Neighborhood shall (#0924954-1, 093230-00041q)1} 4 be placed on both sides of Southem Hills Drive at its intersection with Griffin Road. 13. Petitioner's landscape buffering/screening along Griffin Road shall be designed so that a row of evergreen trees shall face the residential neighborhood located on the easterly side of Griffin Road, followed by a second and interior row of deciduous trees, subject to any changes required by the City as part of Comprehensive Development Plan review. Petitioner hereby requests that the following proffered conditions be substituted and adopted for those existing proffers delineated above and apply to all of the referenced property owned by or under contract by the Petitioner: 1. The property will be developed in substantial conformity with the Concept Site Plan, The Home Depot, Franklin Road and Valley Avenue, City of Roanoke, Virginia prepared by Mattem & Craig, dated July 8, 2005, a copy of which is attached to this Petition as Exhibit B, subject to any changes required by the Virginia Department of Transportation or the City as part of Comprehensive Development Plan review. 2. The 105,000 ± s.fi commercial building shall be architecturally finished in substantial conformity with the July 25, 2005, rendering of The Home Depot, City of Roanoke, Franklin Road & Valley Avenue, by Architectural Group International, a copy of which is attached to this Petition as Exhibit C. 3. Any outdoor light fixture shall be a full cutoff fixture or a decorative fixture with full cutoff optics. A "full cutoff fixture" shall mean an outdoor light fixture shielded in such a manner that all light emitted by the fixture, either directly from the lamp or indirectly from the fixture, is projected below the horizontal plane. A "decorative fixture with full cutoff optics" shall mean an outdoor light fixture with manufacturer-provided or manufacture-installed full cut- off optics. {¢~924954-1, 093230-00041-01} 5 4. The spillover of lighting from any parking area on the subject property onto public rights-of-way or abutting property in residentially zoned districts shall not exceed one-half (0.5) foot candle at the property line. 5. Any outdoor lighting in parking areas shall not exceed forty (40) feet in height. The maximum height shall apply to the height of the poles or other standards to which the fixtures are attached or the top most point of the fixture itself, whichever is higher. 6. Outdoor lighting information for the subject property shall be submitted during comprehensive development plan review. Such information shall include the following: (a) Location o f all outdoor lighting fixtures including the manufacturer's specifications of the area to be lighted with such fixtures; (b) Plans indicating the location on the property, and the type, of illuminating devices, fixtures, lamps, supports, reflectors and other devices; (c) Description of the illuminating devices, fixtures, lamps, supports, reflectors and other devices; (d) Photometric data, such as that furnished by manufacturers, showing the angle of cut off of light emissions; and (e) Other information as may be deemed necessary by the Zoning Administrator to determine compliance with the lighting proffers. 7. All dumpsters, loading docks, heating/air conditioning handling units and ground mounted electrical transformer boxes shall be screened from view from public rights of way adjacent to the subject property by landscaping, masonry or metal screen walls. 8. There shall be no building wall signs facing the residentially zoned property along the easterly side of Griffin Road. {#0924954-1, 093230-00041-01} 6 9. Signage provided by the petitioner and approved by the City of Roanoke, and identifying the Southern Hills Neighborhood shall be placed on the side of Griffin Road near its intersection with Roy Drive. 10. Landscaping shall be as shown on the Concept Landscape Plan, The Home Depot, Franklin Road and Valley Avenue, City of Roanoke, Virginia, dated July 8, 2005, prepared by Mattem & Craig, a copy of which is attached hereto as Exhibit D, subject to any changes required by the City as part of Comprehensive Development Plan review. 11. The following C-2 uses as designated in the Code of the City of Roanoke shall be permitted on the subject properties: 36.1-206(1) Dwellings located above ground floor nonresidential uses. Trade, business and art schools of a nonindustrial 36.1-206 (3) nature. 36.1-206 (4) Trade and vocational schools of an industrial nature. 36.1-206 (6) Day care centers with unlimited capacity subject to the requirements of section 36.1-510 et seq. 36.1-206 (7) Churches, synagogues and other places of worship including accessory columbariums. 36.1-206 (8) Libraries, museums, art galleries and art studios and other similar uses including associated educational and instructional activities. 36.1-206 (16) Post offices. 36.1-206 (17) Indoor recreational uses including bowling alleys, indoor tennis courts, squash courts, fitness centers and other similar uses. 36. !-206 (18) Theaters with unlimited seating capacity. 36.1-206 (20) Outdoor recreational facilities including swimming clubs, tennis courts, athletic facilities and other similar uses. 36.1-206 (23) General and professional offices including financial institutions. {#0024954-1, 093230-00041-01} 7 36.1-206 (24) Medical clinics. 36.1-206 (25) Medical offices. 36.1-206 (26) General service establishments, except for repair or maintenance of motor vehicles or trailers, provided that, all repair or maintenance activities shall occur in a wholly enclosed building. 36.1-206 (27) Funeral homes. 36.1-206 (28) Restaurants. 36.1-206 (29) Hotels, motels, and inns. 36.1-206 (30) Bed and breakfast establishments subject to the requirements of section 36.1-520 et seq. 36.1-206 (31) General retail establishments primarily engaged in the retail sale or rental of merchandise, goods, or products except automobiles, trucks, or construction equipment; and including the incidental repair and assembly of merchandise, goods or products to be sold on the premises. 36.1-206 (32) Open air markets selling farm produce, crafts, plants, secondhand merchandise and other miscellaneous items. 36.1-206 (33) Food stores with unlimited gross floor area. 36.1-206 (34) Neighborhood and highway convenience stores, provided that no motor vehicle service station canopy over a gas pump island shall be allowed, unless: (a) Such canopy shall have a maximum clear, unobstructed height to its underside not to exceed fourteen (14) feet six (6) inches and a maximum overall height not to exceed sixteen (16) feet six (6) inches; (b) There shall be no illumination of any portion of the fascia of the canopy; (c) Any lighting fixtures or sources of light that are a part of the underside of the canopy shall be recessed into the underside of the canopy so as not to protrude below the canopy ceiling. All such lighting associated with the canopy shall be directed downward toward the pump islands and shall not be directed outward or away from the site. (d) The vertical dimension of the fascia of such canopy shall be no more than two (2) feet; and {#0924954-1, 093230-00041-01} 8 (e) Signs attached to or on such canopy shall not be illuminated and shall not extend beyond the ends or extremities of the fascia of the canopy to which or on which they are attached. 36.1-206 (37) New motor vehicle sales and service establishments, provided the lot area for this use is no less than forty thousand (40,000) square feet. 36.1-206 (38) Auto accessory sales with related installation. 36.1-206 (43) Storage and warehouse activities which are accessory to a retail use where all storage activities are wholly enclosed in a building which is located on the same lot as the retail use and where the gross floor area of buildings used for storage activities does not exceed fifty (50) percent of the gross floor area of the retail use. 36.1-206 (47) Plant nurseries and greenhouses including those with retail sales. 36.1-206 (48) Commercial printing establishments which print newspapers, publications, and other materials. 36.1-206 (49) Personal service establishments. 36.1-206 (50) Business service establishments. 12. The following C-2 uses as designated in the Code of the City of Roanoke shall be permitted on the subject properties by Special Exception granted by the Board of Zoning Appeals: 36.1-207 (2) Fast food restaurants. 36.1-207 (7) Establishments primarily engaged in the wholesale distribution of goods where all related activities are wholly enclosed in a building provided that: (a) The total gross floor area of buildings on a lot shall not exceed twelve thousand (12,000) square feet. Co) highway. The use is located on a major arterial road or 36.1-207 (8) Manufacturing, assembly, mixing, processing or other processes which are accessory to a retail use, where all such activities are wholly enclosed in the same building as the retail use {f~924954-1, 093230-00041-01} 9 and where no mom than five (5) people are involved in such processes on the premises. 13. The exterior treatment of all buildings on Tracts B and C shown on the Concept Site Plan (Exhibit B) shall be architecturally finished and shall be consistent in the use of architectural details and materials on all sides of the building. 14. The seasonal sales area designated on the Concept Site Plan (Exhibit B) will be used solely for the seasonal sale of plants, shrubs, trees and assorted potted nursery products together with associated bag products such as mulch, top soil and potting soil. The seasonal sales area will be in use, intermittently, for approximately six months per year for the sale of plants and plant related items appropriate to the time of the year, such as spring and summer live plants and Christmas trees and related greenery. No buildings, sheds, trailers, lawn mowers, gas grills, tractors or similar items will be displayed, stored or sold in the seasonal sales area. 15. If requested by the City as part of the Comprehensive Development Plan review, a natural non-handicapped accessible pedestrian access will be located between the Home Depot parking lot and Griffin Road near its intersection with Southern Hills Drive. 16. The finished grade of Griffin Road between its intersection with Southern Lane and its intersection with Southern Hills Drive as shown on the Concept Site Plan (Exhibit B) will not exceed twelve and one-half(12 ½) percent. Attached as Exhibit E are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to and immediately across a street or road from the subject property. {#0924954-1,0932304)0041-01} 10 WHEREFORE, the Petitioner requests that the above-described amended proffers be approved as herein set out in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted, this 26th day of July, 2005. Respectfully submitted, FAISON-SOUTHERN LANE, LLC SAVE-X 2, LLC By: SAVE-X USA, 1NC. Kent Rol~erts o 10 S. Jefferson Street, Suite 1400 P.O. Box 14125 Roanoke, VA 24038-4125 540-983-7662 Counsel for Faison-Southem Lane, LLC And Save-X 2 LLC Pres. {#0924954-1, 093230-00041-01} 11 1 i / ~/I-~ Ill I iiiiiiltiiiiiiii11[ I ADJACENT PROPERTY CITY OF ROANOKE, VIRGINIA TAX NO. OWNER MAILING ADDRESS 5470116 New Plan Realty Trust P.O. Box 4900, Scottsdale, AZ 85261 5470201 ! WR Grant 1613 Dunbar St., NW, Roanoke, VA 24012 5480401 James A. Allman 1630 Jumping Run Dr., Goodview, VA 24095 5480301 Virginia L. Cobbs 4208 Southern Hills Dr., SW, Roanoke, VA 24014 5480341 John W. & Mary .Ann Spring 1757 Tapo Canyon Suite 300, Simi Valley, CA 93063 5480121 Rama May Ford 4215 Roy Drive, SW, Roanoke, VA 24014 5480703 Henry H. & Madeline D. Muse 4049 Griffin Rd., SW, Roanoke, VA 24014 5480716 City of Roanoke, Virginia 1317 Loudon Ave., NW, Roanoke, VA 24014 5480706 A. Gary & Jeanne Yamine 6760 Christopher Dr., Roanoke, VA 24018 5480705 Charles E. & Catherine C. Long 4527 Burma Rd., Raclford, VA 24141 5470104 SAVE-X 2 LLC 416 S. Jefferson St., Ste. 205, Roanoke, VA 24011 COUNTY OF ROANOKE, VIRGINIA PARCEL ID# OVv'NER MAILING ADDRESS 087.08~05-01.00- Lowes Home Centers Inc. 4224 Valley Avenue, Roanoke, VA 24014 0000 087.08-05-02.00- Sust Duus H LLC 4347 Franklin Road, Roanoke, VA 24014 0000 077.20-01-40.00- First National Exchange 4143 Franklin Road, Roanoke, VA 24014 0000 Bank 087.08-01-02.00- Old Heritage Corp. 4252 Summit Street, Roanoke, VA 24014 0000 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ ci.roanoke.va.us STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk July 8, 2005 File #51 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 an amended petition received in the City Clerk's Office on July 8, 2005, from James F. Douthat, Attorney, representing Faison-Southern Lane, LLC and Save-X 2, LLC, requesting Amendment and Substitution of Proffered Conditions on 11 tracts of land and Proffer of Conditions on four tracts of land located on Franklin Road, Southern Lane, Southern Hills Lane, Southern Hills Drive, and Griffin Road, S. W., as more fully described in the above referenced amended petition. Sincerely, ~~ Mary F. Parker, CMC City Clerk MFP:ew Enclosures Richard A. Rife, Chair July 8, 2005 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council James F. Douthat, Attorney, Woods Rogers PLC, P. O. Box Roanoke, Virginia 24038-4125 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 Nancy C. Snodgrass, Zoning Administrator 14125, AMENDED PETITION TO AMEND PROFFERED CONDITIONS AND PROFFER OF CONDITIONS IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Amendment and Substitution of Proffered Conditions on eleven (11) and Proffer of Conditions on four (4) tracts of land lying and being in the City of Roanoke, Virginia and briefly described as: Tax Map No. 5470115, 1.48 acres, Pine Grove, 4156 Southern Lane, S.W.; Tax Map No. 5470113, 0.5 acres, Part Lot 4, Maggie Redd Property, 4148 Southern Hill Lane, S.W.; Tax Map No. 5470114, 0.84 acres, Pine Grove, Griffin Road, S.W.; Tax Map No. 5470112, 1.34 acres, Pine Grove, 4325 Southem Hills Lane, S.W.; Tax Map No. 5470111, 1.19 acres, Pine Grove, 4134 Southern Lane, S.W.; Tax Map No. 5470108, 0.51 acres, Pine Grove, Southern Lane, S.W.; Tax Map No. 5470109, 0.71 acres, Pine Grove, 4146 Southern Hills Drive, S.W.; Tax Map No. 5470110, 0.06 acres, Pine Grove, Griffin Road, S.W.; Tax Map No. 5480701, 0.18 acres, Part Parcel No. 3, Pine Grove, 4118 Southern Hills Lane, S.W. and Tax Map No. 5480704, 5.3 acres, Pine Grove, 4116 Southern Hills Drive, S.W., Tax Map No. 5480718, .357 acres, Pine Grove, Franklin Road, S.W., Tax Map No. 5480717, .143 acres, Pine Grove, Franklin Road, S.W., Tax Map No. 5470103, .245 acres, Ogden, 4166 Franklin Road, S.W., Tax Map No. 5470104, .98 acres, Ogden, 4176 Franklin Rd., S.W., Tax Map No. 5470102, .4 acres, Ogden, Franklin Rd., S.W. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: By Ordinance No. 33759-040698 at the request of Southern Lane Group, LLC, a Virginia limited liability company, City Council rezoned the property identified as Tax Map Nos. 5470115, 5470113, 5470114, 5470112, 5470111, 5470108, 5470109, 5470110, 5480701 and 5480704 from R.S.-3 to C-2, General Commemial District, with proffered conditions. This property, together with Tax Map Nos. 5470103, 5470102, 5480717 and 5480718, which are also zoned C-2, General Commercial District, were to be combined as the site for a retail out parcel development as shown on map of the referenced property attached hereto as Exhibit A. {#0924954-1, 093230-0004%01} Petitioner, Faison-Southem Lane, LLC, owns the above referenced property and is the contract purchaser of the property identified as Tax No. 5470104 which is zoned C-2, General Commercial District. Faison-Southem Lane, LLC requests that the proffered conditions which apply to the above-referenced parcels of property be amended and that the conditions proffered in this Petition apply to all of the property owned by or under contract to Petitioner Faison- Southern Lane, LLC. Save-X 2 LLC, the Virginia limited liability company that owns Tax Map No. 5470104, joins with Petitioner Faison-Southem Lane, LLC in this request. Petitioner, Faison-Southern Lane, LLC believes that the repeal of proffers in Ordinance No. 33759-040698 in favor of the conditions proffered in this Petition will further the intent and the purpose of the City's zoning ordinance and its comprehensive plan in that it would allow for a better use of the property of Petitioner. Petitioner hereby requests that the following proffers enacted by Ordinance No. 33759- 040698 be repealed: 1. The property will be developed in substantial conformity with the Development Plan prepared by Lumsden Associates, dated June 17, 1997, and revised August 7, 1997, a copy of which is attached to the Petition for Rezoning as Exhibit B, subject to any changes required by the City as part of Comprehensive Development Plan review. 2. The exterior treatment of all buildings on the property shall be architecturally finished and shall be consistent in the use of architectural details and materials on all sides of the building. 3. All lighting on the property shall consist of fixtures designed with shields that direct illumination away from the adjoining residential neighborhood along the easterly side of Griffin Road. 4. All dumpsters, loading docks and heating/air conditioning handling units shall be screened from view by landscaping, masonry or metal screen walls. {~0924954-1, 0932304)004t-01} 2 5. There shall be no building wall signs facing the residentially zoned neighborhoods along the easterly side of Griffin Road. 6. Outdoor advertising, as defined in the Roanoke City Code, shall not be permitted. 7. The combined surface area of all signs on the commercial lots, including signs erected in a required yard, shall not exceed 2.5 square feet for each foot of lot frontage for the first one hundred feet of lot frontage, and an additional 1.0 square feet for each foot of lot frontage remaining. All freestanding sign structures shall be limited to one per lot with a signage area no greater than 100 square feet. 8. Tract E shall not be used as a restaurant. Any restaurants located on Tracts, D, G & F shall not be Fast Food restaurants. Any restaurants constructed on Tracts D, G & F shall contain odor abatement equipment to abate the disbursement of cooking odors to the outdoors. 9. Any structure constructed on Tract E, including a motel or hotel, will be no more than three (3) stories high or a maximum of 45 feet measured from ground level. 10. A sidewalk shall be included along the northern side of the relocated Southern Hills Drive, and continue along the eastern side of Southern Lane, such, sidewalk shall mn the length of the relocated Southern Hills Drive on the site and that portion of Southern Lane shown on the Development Plan. 11. The following C-2 uses as designated in the Code of the City of Roanoke shall not be permitted on Tracts D, E, F or G: 36.1-206(11) Police stations. 36.1-206(14) Military reserve and National Guard centers. 36.1-206(15) Training facilities .related to police, fire, rescue and ambulance uses. 36.1-206(19) Coliseums, stadiums, exhibition halls, and similar facilities. 36.1-206(21) Parks and playgrounds. 36.1-206(22) Drive-in movie theaters. 36.1-206(34) Neighborhood and highway convenience stores. {~0924954-1, 003230-00041-01} 3 36.1-206(35) Outdoor advertising subject to the requirements of section 36.1-440 et seq. 36.1-206(36) Gas stations. 36.1-206(39) Automobile 'cleaning facilities. 36.1-206(40) Automobile repair establishments except painting and body shops. Public parking structures. Bus terminals for the loading and unloading of 36.1-206(42) 36.1-206(44) passengers. 36.1-206(45) 36.1-206(46) 36.1-206(47) Veterinary clinics with no outside corrals or pens. Kennels with no outside pens or "ms." Plant nurseries and greenhouses including those with retail sales. (Ord. No. 28611, § 2, 4-27-87; Ord. No. 29932, 2- 20-90; Ord. No. 30648A, 8-26-9 1). 36.1-207(1) Group care facilities subject to the requirements of section 36.1-560 et seq. 36.1-207(4) Establishments primarily engaged in the sale or rental of automobiles, trucks and construction equipment including the incidental repair and maintenance of vehicles where the lot area is less than twenty thousand (20,000) square feet. 36.1-207(5) Automobile painting and body shops provided that there shall be no outdoor storage of damaged automobiles, equipment, auto parts or other materials. 36.1-207(9) Utility substations, transmission lines and towers, booster stations, relay stations and transformers, and similar uses provided that light, fumes, noise, unsightliness, or other associated activities or emissions are adequately screened from the surrounding neighborhood. 36.1-207(10) Medical laboratories. Additionally, open air markets selling second hand merchandise and other miscellaneous items shall not be permitted on Tracts D, E, F or G. 12. Signage approved by the petitioner and the City of Roanoke, and identifying the Southern Hills Neighborhood shall {ffi3924954-1, 093230-00041~1} 4 be placed on both sides of Southern Hills Drive at its intersection with Griffin Road. 13. Petitioner's landscape buffeting/screening along Griffin Road shall be designed so that a row of evergreen trees shall face the residential neighborhood located on the easterly side of Griffin Road, followed by a second and interior row of deciduous trees, subject to any changes required by the City as part of Comprehensive Development Plan review. Petitioner hereby requests that the following proffered conditions be substituted and adopted for those existing proffers delineated above and apply to all of the referenced property owned by or under contract by the Petitioner: 1. The property will be developed in substantial conformity with the Concept Site Plan, The Home Depot, Franklin Road and Valley Avenue, City of Roanoke, Virginia prepared by Mattem & Craig, dated July 8, 2005, a copy of which is attached to this Petition as Exhibit B, subject to any changes required by the Virginia Deparhnent of Transportation or the City as part of Comprehensive Development Plan review. 2. The 105,000 ± s.f. commercial building shall be architecturally finished in substantial conformity with the rendering of The Home Depot, City of Roanoke, Franklin Road & Valley Avenue, by Architectural Group International, a copy of which is attached to this Petition as Exhibit C. 3. Any outdoor light fixture shall be a full cutoff fixture or a decorative fixture with full cutoff optics. A "full cutoff fixture" shall mean an outdoor light fixture shielded in such a manner that all light emitted by the fixture, either directly from the lamp or indirectly from the fixture, is projected below the horizontal plane. A "decorative fixture with full cutoff optics" shall mean an outdoor light fixture with manufacturer-provided or manufacture-installed full cut- off optics. {#0924954-1, 093230-00041A)I } 5 4. The spillover of lighting from any parking area on the subject property onto public rights-of-way or abutting property in residentially zoned districts shall not exceed one-half (0.5) foot candle at the property line. 5. Any outdoor lighting in parking areas shall not exceed forty (40) feet in height. The maximum height shall apply to the height of the poles or other standards to which the fixtures are attached or the top most point of the fixture itself, whichever is higher. 6. Outdoor lighting information for the subject property shall be submitted during comprehensive development plan review. Such information shall include the following: (a) Location 0 f all outdoor lighting fixtures including the manufacturer's specifications of the area to be lighted with such fixtures; (b) Plans indicating the location on the property, and the type, of illuminating devices, fixtures, lamps, supports, reflectors and other devices; (c) Description of the illuminating devices, fixtures, lamps, supports, reflectors and other devices; (d) Photometric data, such as that furnished by manufacturers, showing the angle of cut off of light emissions; and (e) Other information as may be deemed necessary by the Zoning Administrator to determine compliance with the lighting proffers. 7. All dumpsters, loading docks, heating/air conditioning handling units and ground mounted electrical transformer boxes shall be screened from view fi'om public rights of way adjacent to the subject property by landscaping, masonry or metal screen walls. 8. There shall be no building wall signs facing the residentially zoned property along the easterly side of Griffin Road. {~o924954_ 1. o0323o4)o04t-01) 8 9. Signage provided by the petitioner and approved by the City of Roanoke, and identifying the Southern Hills Neighborhood shall be placed on the side of Griffin Road near its intersection with Roy Drive. 10. Landscaping shall be as shown on the Concept Landscape Plan, The Home Depot, Franklin Road and Valley Avenue, City of Roanoke, Virginia, dated July 8, 2005, prepared by Mattern & Craig, a copy of which is attached hereto as Exhibit D, subject to any changes required by the City as part of Comprehensive Development Plan review. 11. The following C-2 uses as designated in the Code of the City of Roanoke shall be permitted on the subject properties: 36.1-206(1) Dwellings located above ground floor nonresidential uses. Trade, business and art schools of a nonindustrial 36.1-206 (3) nature. 36.1-206 (4) Trade and vocational schools of an industrial nature. 36.1-206 (6) Day care centers with unlimited capacity subject to the requirements of section 36.1-510 et seq. 36.1-206 (7) Churches, synagogues and other places of worship including accessory columbadums. 36.1-206 (8) Libraries, museums, art galleries and art studios and other similar uses including associated educational and instructional activities. 36.1-206 (16) Post offices. 36.1-206 (17) Indoor recreational uses including bowling alleys, indoor tennis courts, squash courts, fitness centers and other similar uses. 36.1-206 (18) Theaters with unlimited seating capacity. 36.1-206 (20) Outdoor recreational facilities including swimming clubs, tennis courts, athletic facilities and other similar uses. 36.1-206 (23) General and professional offices including financial institutions. {#0924954-1, 093230-00041-0t} 7 36.1-206 (24) Medical clinics. 36.1-206 (25) Medical offices. 36.1-206 (26) General service establishments, except for repair or maintenance of motor vehicles or trailers, provided that, all repair or maintenance activities shall occur in a wholly enclosed building. 36.1-206 (27) Funeral homes. 36.1o206 (28) Restaurants. 36.1-206 (29) Hotels, motels, and inns. 36.1-206 (30) Bed and breakfast establishments subject to the requirements of section 36.1-520 et seq. 36.1-206 (31) General retail establishments primarily engaged in the retail sale or rental of merchandise, goods, or products except automobiles, trucks, or construction equipment; and including the incidental repair and assembly of merchandise, goods or products to be sold on the premises. 36.1-206 (32) Open air markets selling farm produce, crafts, plants, secondhand merchandise and other miscellaneous items. 36.1-206 (33) Food stores with unlimited gross floor area. 36.1-206 (34) Neighborhood and highway convenience stores, provided that no motor vehicle service station canopy over a gas pump island shall be allowed, unless: (a) Such canopy shall have a maximum clear, unobstructed height to its underside not to exceed fourteen (14) feet six (6) inches and a maximum overall height not to exceed sixteen (16) feet six (6) inches; (b) There shall be no illumination of any portion of the fascia of the canopy; (c) Any lighting fixtures or sources of light that are a part of the underside of the canopy shall be recessed into the underside of the canopy so as not to protrude below the canopy ceiling. All such lighting associated with the canopy shall be directed downward toward the pump islands and shall not be directed outward or away from the site. (d) The vertical dimension of the fascia of such canopy shall be no more than two (2) feet; and (~0924954-1, 093230-00041-01} 8 (e) Signs attached to or on such canopy shall not be illuminated and shall not extend beyond the ends or extremities of the fascia of the canopy to which or on which they are attached. 36.1-206 (37) New motor vehicle sales and service establishments, provided the lot area for this use is no less than forty thousand (40,000) square feet. 36.1-206 (38) Auto accessory sales with related installation. 36.1-206 (43) Storage and warehouse activities which are accessory to a retail use where all storage activities are wholly enclosed in a building which is located on the same lot as the retail use and where the gross floor area of buildings used for storage activities does not exceed fifty (50) percent of the gross floor area of the retail use. 36.1-206 (47) Plant nurseries and greenhouses including those with retail sales. 36.1-206 (48) Commercialprinting establishments whichprint newspapers, publications, and other materials. 36.1-206 (49) Personal service establishments. 36.1-206 (50) Business service establishments. 12. The following C-2 uses as designated in the Code of the City of Roanoke shall be permitted on the subject properties by Special Exception granted by the Board of Zoning Appeals: 36.1-207 (2) Fast food restaurants. 36.1-207 (7) Establishments primarily engaged in the wholesale distribution of goods where all related activities are wholly enclosed in a building provided that: (a) The total gross floor area of buildings on a lot shall not exceed twelve thousand (12,000) square feet. (b) highway. The use is located on a major arterial road or 36.1-207 (8) Manufacturing, assembly, mixing, processing or other processes which are accessory to a retail use, where all such activities are wholly enclosed in the same building as the retail use (g0924954-1, 093230-0004%01} 9 and where no more than five (5) people are involved in such processes on the premises. Attached as Exhibit E are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to and immediately across a street or road from the subject property. WHEREFORE, the Petitioner requests that the above-described amended proffers be approved as herein set out in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted, this 8th day of July, 2005. Respectfully submitted, FAISON-SOUTHERN LANE, LLC SAVE-X 2, LLC By: SAVE-X USA, INC. Woods Rogers PLC 10 S. Jefferson Street, Suite 1400 P.O. Box 14125 Roanoke, VA 24038-4125 540-983-7662 Counsel for Faison-Southem Lane, LLC And Save-X 2 LLC Pres. {#0924954-~ , 0932304300414)t} 10 and where no more than five (5) people are involved in such processes on the premises. Attached as Exhibit E are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to and immediately across a street or road from the subject property. WHEREFORE, the Petitioner requests that the above-described amended proffers be approved as herein set out in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted, this 8thday of July .,2005. Respectfully submitted, FAISON-SOUTHERN LANE, LLC By: .~~_ . d~T[]~ n. bulpepper, IV Vice President SAVE-X 2, By: SAVE-X USA, 1NC. By: oods Rogers PLC 10 S. Jefferson Street, Suite 1400 P.O. Box 14125 Roanoke, VA 24038-4125 540-983-7662 Counsel for Faison-Southern Lane, LLC And Save-X 2 LLC Pres. Kent Roberts {#0929712-1, 093230-00041-01} ' / CONCEPT LANDSCAPE PLAN ADJACENT PROPERTY CITY OF ROANOKE, VIRGINIA TAX NO. OWNER MAILING ADDRESS 5470116 New Plan Realty Trust P.O. Box 4900, Seottsdale, AZ 85261 5470201 WR Grant 1613 Dunbar St., NW, Roanoke, VA 24012 5480401 James A. Allman 1630 Jumping Run Dr., Goodview, VA 24095 5480301 Virginia L. Cobbs 4208 Southern Hills Dr., SW, Roanoke, VA 24014 5480341 John W. & Mary Ann Spring 1757 Tapo Canyon Suite 300, Simi Valley, CA 93063 5480121 Rama May Ford 4215 Roy Drive, SW, Roanoke, VA 24014 5480703 Henry H. & Madeline D. Muse 4049 Griffin Rd., SW, Roanoke, VA 24014 5480716 City of Roanoke, Virginia 1317 Loudon Ave., NW, Roanoke, VA 24014 5480706 A. Gary & Jeanne Yamine 6760 Christopher Dr., Roanoke, VA 24018 5480705 Charles E. & Catherine C. Long 4527 Burma Rd., Radford, VA 24141 5470104 ~ SAVE-X 2 LLC 416 S. Jefferson St., Ste. 205, Roanoke, VA 24011 COUNTY OF ROANOKE, VIRGINIA PARCEL ID# OWNER MAILING ADDRESS 087.08-05-01.00- Lowes Home Centers Inc. 4224 Valley Avenue, Roanoke, VA 24014 0000 087.08-05-02.00- Just Duus H LLC 4347 Franklin Road, Roanoke, VA 24014 0000 077.20-01-40.00- First National Exchange 4143 Franklin Road, Roanoke, VA 24014 0000 Bank 087.08-01-02.00- Old Heritage Corp. 4252 Summit Street, Roanoke, VA 24014 0000 {#0922076-1, 106211-00000-01} TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE AMENDMENT OF PROFFERED CONDITIONS REQUEST OF: Faison-Southern Lane, LLC and Save-X 2, LLC, on Franklin) Road, Southern Lane, and Southern Hills Drive, S.W., )AFFIDAVIT Tax Nos. 5470102-104, 5470108-115, 5480701,5480704, ) 5480717 and 5480718 COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 21st day of June, 2005, notices of a public hearing to be held on the 21st day of July, 2005, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Tax No. 5470116 5470201 5480401 5480301 5480341 5480121 5480716 5480706 5480705 5470104 County Name New Plan Realty Trust W R Grant James A. Allman Virginia L. Cobbs John and Mary Ann Spring Rama May Ford City of Roanoke A. Gary and Jeanne Yamine Chades and Catherine Long Save-X 2, LLC Lowes Home Centers, Inc. Address P O Box 4900 Scottsdale, AZ 83261 5829 Dow Hollow Road Salem, VA 24153 1630 Jumping Run Drive Goodview, VA 24095 4208 Southern Hills Drive Roanoke, VA 24014 4207 Griffin Road, SW Roanoke, VA 24014 4215 Roy Drive, SW Roanoke, VA 24014 5048 Franklin Road, SW Roanoke, VA 24014 4568 Longs Ridge Road Radford, VA 24141 130 Sycamore Avenue, NE Roanoke, VA 24012 4224 Valley Avenue Roanoke, VA 24014 County Just Duus II LLC 4347 Franklin Road Roanoke, VA 24014 County First National Exchange Bank 4143 Franklin Road Roanoke, VA 24014 County Old Heritage Corp. 4252 Summit Street Roanoke, VA 24014 County Leon Boro 4135 Franklin Road Roanoke, VA 24014 Also mailed to: Janet Scheid, Roanoke County Planning, P O Box 29800, 24018; Dawn Vlnyard, Southern Hills Improvement Council, 4024 Griffin Road, SW, 24014 Note: Although there are no adjoining property owners for the closure request for Southern Lane and Southern Hills Drive, other than the petitioner, notice was also sent to everyone listed above. Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 21st day of June, 2005. Notary Public My Commission Expires: 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 A~sistant City Clerk June 7, 2005 File #51 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 June 2, 2005, from James F. Douthat, Attorney, representing Faison- Southern Lane, LLC and Save-X 2, LLC, requesting Amendment and Substitution of Proffered Conditions on 11 tracts of land and proffer of Conditions on four tracts of land located on Franklin Road, Southern Lane, Southern Hills Lane, Southern Hills Drive, and Griffin Road, S. W., as more fully described in the above referenced petition. Mary F. Parker, CMC City Clerk MFP:ew Enclosures Richard A. Rife, Chair June 7, 2005 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council James F. Douthat, Attorney, Woods Rogers PLC, P. O. Box Roanoke, Virginia 24038-4125 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 14125, PETITION TO AMEND PROFFERED CONDITIONS AND PROFFER OF CONDITIONS IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Amendment and Substitution of Proffered Conditions on eleven (11) and Proffer of Conditions on four (4) tracts of land lying and being in the City of Roanoke, Virginia and briefly described as: Tax Map No. 5470115, 1.48 acres, Pine Grove, 4156 Southern Lane, S.W.; Tax Map No. 5470113, 0.5 acres, Part Lot 4, Maggie Redd Property, 4148 Southern Hill Lane, S.W.; Tax Map No. 5470114, 0.84 acres, Pine Grove, Griffin Road, S.W.; Tax Map No. 5470112, 1.34 acres, Pine Grove, 4325 Southern Hills Lane, S.W.; Tax Map No. 5470111, 1.19 acres, Pine Grove, 4134 Southern Lane, S.W.; Tax Map No. 5470108, 0.51 acres, Pine Grove, Southern Lane, S.W.; Tax Map No. 5470109, 0.71 acres, Pine Grove, 4146 Southern Hills Drive, S.W.; Tax Map No. 5470110, 0.06 acres, Pine Grove, Griffin Road, S.W.; Tax Map No. 5480701, 0.18 acres, Part Parcel No. 3, Pine Grove, 4118 Southern Hills Lane, S.W. and Tax Map No. 5480704, 5.3 acres, Pine Grove, 4116 Southern Hills Drive, S.W., Tax Map No. 5480718, .357 acres, Pine Grove, Franklin Road, S.W., Tax Map No. 5480717, .143 acres, Pine Grove, Franklin Road, S.W., Tax Map No. 5470103, .245 acres, Ogden, 4166 Franklin Road, S.W., Tax Map No. 5470104, .98 acres, Ogden, 4176 Franklin Rd., S.W., Tax Map No. 5470102, .4 acres, Ogden, Franklin Rd., S.W. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: By Ordinance No. 33759-040698 at the request of Southern Lane Group, LLC, a Virginia limited liability company, City Council rezoned the property identified as Tax Map Nos. 5470115, 5470113, 5470114, 5470112, 5470111, 5470108, 5470109, 5470110, 5480701and 5480704 from R.S.-3 to C-2, General Commercial District, with proffered conditions. This property, together with Tax Map Nos. 5470103, 5470102, 5480717 and 5480718, which are also zoned C-2, General Commercial Distr/ct, were to be combined as the site for a retail out parcel development as shown on map of the referenced property attached hereto as Exhibit A. {#0924954-1, 093230-00041-01} Petitioner, Faison-Southem Lane, LLC, owns the above referenced property and is the contract pumhaser of the property identified as Tax No. 5470104 which is zoned C-2, General Commercial District. Faison-Southem Lane, LLC requests that the proffered conditions which apply to the above-referenced parcels of property be amended and that the conditions proffered in this Petition apply to all of the property owned by or under contract to Petitioner Faison- Southern Lane, LLC. Save-X 2 LLC, the Virginia limited liability company that owns Tax Map No. 5470104, joins with Petitioner Faison-Southem Lane, LLC in this request. Petitioner, Faison-Southem Lane, LLC believes that the repeal of proffers in Ordinance No. 33759-040698 in favor of the conditions proffered in this Petition will further the intent and the purpose of the City's zoning ordinance and its comprehensive plan in that it would allow for a better use of the property of Petitioner. Petitioner hereby requests that the following proffers enacted by Ordinance No. 33759- 040698 be repealed: 1. The property will be developed in substantial conformity with the Development Plan prepared by Lumsden Associates, dated June 17, 1997, and revised August 7, 1997, a copy of which is attached to the Petition for Rezoning as Exhibit B, subject to any changes required by the City as part of Comprehensive Development Plan review. 2. The exterior treatment of all buildings on the property shall be architecturally finished and shall be consistent in the use of architectural details and materials on all sides of the building. 3. All lighting on the property shall consist of fixtures designed with shields that direct illumination away from the adjoining residential neighborhood along the easterly side of Griffin Road. 4. All dumpsters, loading docks and heating/air conditioning handling units shall be screened fi:om view by landscaping, masonry or metal screen walls. {#0924954-1. 093230-00041-01} 2 5. There shall be no building wall signs facing the residentially zoned neighborhoods along the easterly side of Griffin Road. 6. Outdoor advertising, as defined in the Roanoke City Code, shall not be permitted. 7. The combined surface area of all signs on the commercial lots, including signs erected in a required yard, shall not exceed 2.5 square feet for each foot of lot frontage for the frrst one hundred feet of lot frontage, and an additional 1.0 square feet for each foot of lot frontage remaining. All freestanding sign structures shall be limited to one per lot with a signage area no greater than 100 square feet. 8. Tract E shall not be used as a restaurant. Any restaurants located on Tracts, D, G & F shall not be Fast Food restaurants. Any restaurants constructed on Tracts D, G & F shall contain odor abatement equipment to abate the disbursement of cooking odors to the outdoors. 9. Any structure constructed on Tract E, including a motel or hotel, will be no more than three (3) stories high or a maximum of 45 feet measured from ground level. 10. A sidewalk shall be included along the northern side of the relocated Southern Hills Drive, and continue along the eastern side of Southern Lane, such, sidewalk shall run the length of the relocated Southern Hills Drive on the site and that portion of Southern Lane shown on the Development Plan. 11. The following C-2 uses as designated in the Code of the City of Roanoke shall not be permitted on Tracts D, E, F or G: 36.1-206(11) Police stations. 36.1-206(14) Military reserve and National Guard centers. 36.1-206(15) Training facilities .related to police, fire, rescue and ambulance uses. 36.1-206(19) Coliseums, stadiums, exhibition halls, and similar facilities. 36.1-206(21) Parks and playgrounds. 36.1-206(22) Drive-in movie theaters. 36.1-206(34) Neighborhood and highway convenience stores. 36.1-206(35) Outdoor advertising subject to the requirements of section 36.1-440 et seq. 36.1-206(36) Gas stations. 36.1-206(39) Automobile 'cleaning facilities. 36.1-206(40) Automobile repair establishments except painting and body shops. 36.1-206(42) Public parking structures. 36.1-206(44) Bus terminals for the loading and unloading of passengers. 36.1-206(45) Veterinary clinics with no outside corrals or pens. 36.1-206(46) Kennels with no outside pens or "runs." 36.1-206(47) Plant nurseries and greerthouses including those with retail sales. (Ord. No. 28611, § 2, 4-27-87; Ord. No. 29932, 2- 20-90; Ord. No. 30648A, 8-26-9 1). 36.1-207(1) Group care facilities subject to the requirements of section 36.1-560 et seq. 36.1-207(4) Establishments primarily engaged in the sale or rental of automobiles, trucks and construction equipment including the incidental repair and maintenance of vehicles where the lot area is less than twenty thousand (20,000) square feet. 36.1-207(5) Automobile painting and body shops provided that there shall be no outdoor storage of damaged automobiles, equipment, auto parts or other materials. 36.1-207(9) Utility substations, transmission lines and towers, booster stations, relay stations and transformers, and similar uses provided that light, fumes, noise, unsightliness, or other associated activities or emissions are adequately screened from the surrounding neighborhood. 36.1-207(10) Medical laboratories. Additionally, open air markets selling second hand merchandise and other miscellaneous items shall not be permitted on Tracts D, E, F or G. 12. Signage approved by the petitioner and the City of Roanoke, and identifying the Southern Hills Neighborhood shall {#09249,54-1, 093230~)0041-01} 4 be placed on both sides of Southern Hills Drive at its intersection with Griffin Road. 13. Petitioner's landscape buffering/screening along Griffin Road shall be designed so that a row of evergreen trees shall face the residential neighborhood located on the easterly side of Griffin Road, followed by a second and interior row of deciduous trees, subject to any changes required by the City as part of Comprehensive Development Plan review. Petitioner hereby requests that the following proffered conditions be substituted and adopted for those existing proffers delineated above and apply to all of the referenced property owned by or under contract by the Petitioner: 1. The property will be developed in substantial conformity with the Concept Site Plan, The Home Depot, Franklin Road and Valley Avenue, City of Roanoke, Virginia prepared by Mattem & Craig, dated May 24, 2005, a copy of which is attached to this Petition as Exhibit B, subject to any changes required by the Virginia Department of Transportation or the City as part of Comprehensive Development Plan review. 2. The 105,000 ± s.f. commercial building shall be architecturally finished in substantial conformity with the rendering of The Home Depot, City of Roanoke, Franklin Road & Valley Avenue, by Architectural Group International, a copy of which is attached to this Petition as Exhibit C. 3. Any outdoor light fixture shall be a full cutoff fixture or a decorative fixture with full cutoffoptics. A "full cutoff fixture" shall mean an outdoor light fixture shielded in such a manner that all light emitted by the fixture, either directly from the lamp or indirectly from the fixture, is projected below the horizontal plane. A "decorative fixture with full cutoff optics" shall mean an outdoor light fixture with manufacturer-provided or manufacture-installed full cut- off optics. {#0924954-1, 093230-00041-01} 5 4. The spillover of lighting from any parking area on the subject property onto public rights-of-way or abutting property in residentially zoned districts shall not exceed one-half (0.5) foot candle at the property line. 5. Any outdoor lighting in parking areas shall not exceed forty (40) feet in height. The maximum height shall apply to the height of the poles or other standards to which the fixtures are attached or the top most point of the fixture itself, whichever is higher. 6. Outdoor lighting information for the subject property shall be submitted during comprehensive development plan review. Such information shall include the following: (a) Location o f all outdoor lighting fixtures including the manufacturer's specifications of the area to be lighted with such fixtures; (b) Plans indicating the location on the property, and the type, of illuminating devices, fixtures, lamps, supports, reflectors and other devices; (c) Description of the illuminating devices, fixtures, lamps, supports, reflectors and other devices; (d) Photometric data, such as that furnished by manufacturers, showing the angle of cut off of light emissions; and (e) Other information as may be deemed necessary by the Zoning Administrator to determine compliance with the lighting proffers. 7. All dumpsters, loading docks, heating/air conditiohing handling units and ground mounted electrical transformer boxes shall be screened fi-om view from public rights of way adjacent to the subject property by landscaping, masonry or metal screen walls. 8. There shall be no building wall signs facing the residentially zoned property along the easterly side of Griffin Road. {#0924954-1, 093230-00041-01} 6 9. Signage provided by the petitioner and approved by the City of Roanoke, and identifying the Southern Hills Neighborhood shall be placed on the side of Griffin Road near its intersection with Roy Drive. 10. Landscaping shall be as shown on the Concept Landscape Plan, The Home Depot, Franklin Road and Valley Avenue, City of Roanoke, Virginia, dated May 24, 2005, prepared by Mattern & Craig, a copy of which is attached hereto as Exhibit D, subject to any changes required by the City as part of Comprehensive Development Plan review. 11. The following C-2 uses as designated in the Code of the City of Roanoke shall be permitted on the subject properties: 36.1-206(1) Dwellings located above ground floor nonresidential uses. Trade, business and art schools of a nonindustrial 36.1-206 (3) nature. 36.1-206 (4) Trade and vocational schools of an industrial nature. 36.1-206 (6) Day care centers with unlimited capacity subject to the requirements of section 36.1-510 et seq. 36.1-206 (7) Churches, synagogues and other places of worship including accessory columbariums. 36.1-206 (8) Libraries, museums, art galleries and art studios and other similar uses including associated educational and instructional activities. 36.1-206 (16) Post offices. 36.1-206 (17) Indoor recreational uses including bowling alleys, indoor tennis courts, squash courts, fitness centers and other similar uses. 36.1-206 (18) Theaters with unlimited seating capacity. 36.1-206 (20) Outdoor recreational facilities including swimming clubs, tennis courts, athletic facilities and other similar uses. 36.1-206 (23) General and professional offices including fmancial institutions. {#0924954-1, 093230-C0041-01} 7 36.1-206 (24) Medical clinics. 36.1-206 (25) Medical offices. 36.1-206 (26) General service establishments, except for repair or maintenance of motor vehicles or trailers, provided that, all repair or maintenance activities shall occur in a wholly enclosed building. 36.1-206 (27) Funeral homes. 36.1-206 (28) Restaurants. 36.1-206 (29) Hotels, motels, and inns. 36.1-206 (30) Bed and breakfast establishments subject to the requirements of section 36.1-520 et seq. 36.1-206 (31) General retail establishments primarily engaged in the retail sale or rental of merchandise, goods, or products except automobiles, trucks, or construction equipment; and including the incidental repair and assembly ofmemhandise, goods or products to be sold on the premises. 36.1-206 (32) Open air markets selling farm produce, crafts, plants, secondhand merchandise and other miscellaneous items. 36.1-206 (33) Food stores with unlimited gross floor area. 36.1-206 (34) Neighborhood and highway convenience stores, provided that no motor vehicle service station canopy over a gas pump island shall be allowed, unless: (a) Such canopy shall have a maximum clear, unobstructed height to its underside not to exceed fourteen (14) feet six (6) inches and a maximum overall height not to exceed sixteen (16) feet six (6) inches; (b) There shall be no illumination of any portion of the fascia of the canopy; (c) Any lighting fixtures or sources of light that are a part of the underside of the canopy shall be recessed into the underside of the canopy so as not to protrude below the canopy ceiling. All such lighting associated with the canopy shall be directed downward toward the pump islands and shall not be directed outward or away from the site. (d) The vertical dimension of the fascia of such canopy shall be no more than two (2) feet; and {#0924954-1, 093230~)004t-01} 8 (e) Signs attached to or on such canopy shall not be illuminated and shall not extend beyond the ends or extremities of the fascia of the canopy to which or on which they are attached. 36.1-206 (37) New motor vehicle sales and service establishments, provided the lot area for this use is no less than forty thousand (40,000) square feet. 36.1-206 (38) Auto accessory sales with related installation. 36.1-206 (43) Storage and warehouse activities which are accessory to a retail use where all storage activities are wholly enclosed in a building which is located on the same lot as the retail use and where the gross floor area of buildings used for storage activities does not exceed fifty (50) percent of the gross floor area of the retail use. 36.1-206 (47) Plant nurseries and greenhouses including those with retail sales. 36.1-206 (48) Commercial printing establishments which print newspapers, publications, and other materials. 36.1-206 (49) Personal service establishments. 36.1-206 (50) Business service establishments. 12. The following C-2 uses as designated in the Code of the City of Roanoke shall be permitted on the subject properties by Special Exception granted by the Board of Zoning Appeals: 36.1-207 (2) Fast food restaurants. 36.1-207 (7) Establishments primarily engaged in the wholesale distribution of goods where all related activities are wholly enclosed in a building provided that: (a) The total gross floor area of buildings on a lot shall not exceed twelve thousand (12,000) square feet. The use is located on a major arterial road or 36.1-207 (8) Manufacturing, assembly, mixing, processing or other processes which are accessory to a retail use, where all such activities are wholly enclosed in the same building as the retail use {#0924954-1. 093230-00041~1} 9 and where no more than five (5) people are involved in such processes on the premises. Attached as Exhibit E are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to and immediately across a street or road from the subject property. WHEREFORE, the Petitioner requests that the above-described amended proffers be approved as herein set out in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted, this2nd day of June ., 2005. Respectfully submitted, FAISON-SOUTHERN LANE, LLC By: s/s Jensie Tea~ue SAVE-X 2, LLC By: SAVE~X USA, INC. By: s/s Kent Roberts Kent Roberts 10 S. Jefferson Street, Suite 1400 P.O. Box 14125 Roanoke, VA 24038-4125 540-983-7662 Counsel for Faison-Southem Lane, LLC And Save-X 2 LLC Pres. {#0924954-t, 093230~)0041-01} 10 0~/0~/200~ 15:~4 FAX ~0 983 ?~0~ ~000~ RO~ER~ PLC ~0~2/02~ and where no more than five (5) people are involved in such processes on the premises, Attached as Exhibit E are the names, addresses and tax numbers oft.he owner or owner~ of all lots or property immediately adjacent to and immediately across a street or mad from the subject prop~y, WHERI/FORE, the Petitioner requests that the above-desctibod amended proffers be approwd as herein set out in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted, this ~ '~'~lay of cs",~ ~. c . ,2005. Respectfully submitted, FA/SON-SOUTHERN LANE, LLC BT. ~ .~/~~-.~.~. SAVE-X 2, LLC By: SAVB-X USA, INC. By: Kent Roberts oods Rogem PLC 10 S, Jefferson Street, Suite 1400 P.O. Box 14125 Roanoke, VA 24038-4125 540-983-7662 Counsel for Faison-Southem Lane, LLC And Save-X 2 LLC JUN 01 2005 15:55 540 983 7603 PROE, 12 05/31/2004 19:36 FA/ 7050147 Harrlson Conference Cent ~002 --~-' 06/01/2005 15:5B F~× ' 0 B83 7603 WOODS RO~ER~ PLC ~Jv~,'wo ar~: where no more than five (5) people are involved in such pr~ :esses on the premises. Attached ~:~: Exhibit I~ are thc names, addr~ses and tax numbers of th~- owner or owners all lots or prop.,: ly immediately adjacent to zad immediately across a sl~eet or mad from the subject property. WHERE[;! IRE, the Petitioner requests that the abov~-dezeflbed amended proffer~ be a~roved as herein: set out in ac~rdanee with th~ provlslo~ o~flte zoning Ordin~e, of the City ofl~anoke. Resp ~day ~ ectfi~3 ~, submitted, ttffs,g.~of 3 ,-~ ~-. ~ ., ,2005. Respo~mlly submitted, FAISON-SOUTHEKN LAI~, LLC B~ SAVE-X 2, LLC By: SAVE-X USAt, .~ K~nt Roberts outhat~ :~sq. P.O. Box 14125 R~oke, VA 24(}: 84125 5~0-983-7662 Co.sol ~:, F~son-Sou~ ~e, L~ ~d Save-2 2 LLC 'i ROAD \ / CONCEPT SITE PLAN FRONT ELEVATION - FACING REALIGNED VALLEY AVE. SIDE ELEVATION - FACING RESIDENTIAL USE PROPOSED GARDEN CENTER PROJECT SITE: CITY OF ROANOKE FRANKLIN ROAD & VALLEY AVENUE CONCEPT LANDSCAPE PLAN ADJACENT PROPERTY CITY OF ROANOKE, VIRGINIA TAX NO. OWNER MAILING ADDRESS 5470116 New Plan Realty Trust P.O. Box 4900, Scottsdale, AZ 85261 5470201 WR Grant 1613 Dunbar St., NW, Roanoke, VA 24012 5480401 James A. Allman 1630 Jumping Run Dr., Goodview, VA 24095 5480301 . Virginia L. Cobbs 4208 Southern Hills Dr., SW, Roanoke, VA 24014 5480341 John W. & Mary Ann Spring 1757 Tapo Canyon Suite 300, Simi Valley, CA 93063 5480121 Rama May Ford 4215 Roy Drive, SW, Roanoke, VA 24014 5480703 Henry H. & Madeline D. Muse 4049 Griffin Rd., SW, Roanoke, VA 24014 5480716 City &Roanoke, Virginia 1317 Loudon Ave., NW, Roanoke, VA 24014 5480706 A. Gary & Jeanne Yamine 6760 Christopher Dr., Roanoke, VA 24018 5480705 Charles E. & Catherine C. Lon$ 4527 Burma Rd., Radford, VA 24141 5470104 SAVE-X 2 LLC 416 S. Jefferson St., Ste. 205, Roanoke, VA 24011 COUNTY OF ROANOKE, VIRGINIA PARCEL ID# OV~NER MAILING ADDRESS 087.08-05-01.00- Lowes Home Centers Inc. 4224 Valley Avenue, Roanoke, VA 24014 0000 087.08-05-02.00- Just Duus II LLC 4347 Franklin Road, Roanoke, VA 24014 0000 077.20-01-40.00- First National Exchange 4143 Franklin Road, Roanoke, VA 24014 0000 Bank 087.08-01-02.00- Old Heritage Corp. 4252 Summit Street, Roanoke, VA 24014 0000 {#0922076-t, 106211-00000-01} MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Xr~rgmia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E~rnail: clerk@ci.roanoke.va.us August 22, 2005 File #514 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk James F. Douthat, Attorney Woods Rogers PLC P. O. Box 14125 Roanoke, Virginia 24038-4125 Dear Mr. Douthat: I am enclosing copy of Ordinance No. 37160-081505 permanently vacating, discontinuing and closing a portion of Southern Lane and Southern Hills Drive, S. W., public right-of-way. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 15, 2005, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosure pc: Darlene L. Burcham, City Manager 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 CITYOF ROANOKE, VIRGINIA, The 15th day of August, 2005. No. 37160-081505. AN ORDINANCE permanently vacating, discontinuing and closing a certain public rights- of-way in the City of Roanoke, Virginia, as more particularly described hereinafter; and dispensing with the second reading of this ordinance. WHEREAS, Faison-Southem Lane, LLC and Save-X 2, LLC filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public rights-of-way described hereinafter; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public heating on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held on such application by the City Council on August 15, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing ail parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing fi"om the foregoing that the land proprietors affected by the requested closing of the subject public rights-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such public rights-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public rights-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That portion of Southern Hills Drive, S.W., and Southern Lane, S.W., containing 1.331 acres, as more particularly described on the Subdivision, Vacation, Combination and Dedication Plat for Eaison-Southem Lane, LLC and Save-X 2, LLC Showing the Vacation ora Portion of Southern Hills Drive, S.W. and Southern Lane, S.W. Containing 1.331 AC. and Creating Tract A (10.539 Ac.), Tract B (1.778 Ac.) and Tract C (0.593 Ac.) and Dedication 1.256 Ac. to the City of Roanoke for Street Purposes by Mattem & Craig, Inc., dated June 1, 2005, a copy of which is on file in the Office of the City Clerk be, and are hereby permanently vacated, discontinued and closed, and that all rights and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the rights-of-way, 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 rights-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such fight to include the right to remove, without the payment of compensation or damages ofanykind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public rights-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise be 2 landlocked by the requested closure, or otherwise disposing of the land within the rights-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the rights-of-way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Cimuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. If the portion of the twenty-five (25) foot drainage easement shown on the Subdivision, Vacation, Combination and Dedication Plat dated June 1, 2005, referenced above, is not demonstrated by the applicant to the satisfaction of the Agent to be public, the applicant shall record a deed of release for the vacation ora .032 acre drainage easement as shown on the preliminary plat submitted by the petitioner. This deed of release must be approved by the City of Roanoke, and will be referenced on the final plat when it is recorded with the Clerk of the Circuit Court of the City of Roanoke, Virginia. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of twelve (12) months from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. BE IT FINALLY ORDADIED that pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. City Clerk. Architectural Review Board Buard 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 August 15, 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 Faison-Southern, LLC, and Save-X 2, LLC, represented by James F. Douthat, attorney, to permanently vacate, discontinue and close portions of Southern Lane, S.W., and Southern Hills Drive, S.W. Planning Commission Public Hearing: Planning Commission public hearing was held on Thursday, July 21, 2005, and continued until Thursday, July 28, 2005. By a vote of 5-1 (Messrs. Butler, Chrisman, Rife, Scholz, and Ms. Prince voting for, Mr. Williams voting against, and Mr. Manetta absent), the Commission recommended that City Council approve the requested closures. Background: This petition is in conjunction with a petition to amend proffers on Official Tax Nos. 5470115, 5470113, 5470~ 14, 5470112, 5470111, 5470108, 5470109, 5470110, 5480701, and 5480704, and proffer the same conditions on Tax Map Nos. 5470103, 5470102, 5480717, 5480718, and 5470104. The petitioner plans to develop Official Tax Nos. 5470115, 5470113, 5470114, 5470112, 5470111, 5470108, 5470109, and a portion of 5480704 with a Home Depot store. Considerations: The petitioners' properties are all vacant with the exception of the service station on Official Tax No. 5470104. All of the petitioners' properties are zoned C-2, General Commercial District, some with conditions as noted above. Adjoining properties along Route 220 are also zoned C-2, and there is a variety of retail and service establishments. One property to the northeast, Official Tax No. 5480401, is zoned RA, Residential Agricultural. Otherwise, properties in the area are zoned RS-3, Residential Single-family, High Density District, and most uses surrounding the petitioner's properties are single-family residential. The petitioner's request will essentially result in a realignment of Griffin Road. The petitioner requests vacation of portions of Southern Hills Drive and Southern Lane and will in return, dedicate a comparable portion of improved right-of-way to the City, which will be an extension of Griffin Road. The new street will enhance access for residents of the Southern Hill neighborhood. The principal benefit will be the access to a signalized intersection at Franklin Road. The petitioners will be responsible for installation of the traffic signal. VDOT maintains the segment of Franklin Road/US 220 adjacent to the petitioners' properties. Entrances and turning lanes where the new street intersects US 220 are subject to VDOT standards. The petitioners have been working with VDOT on the design of the signal and intersection. In neighborhood planning workshops and various forums, residents of Southern Hills indicated strong support for providing such access. The effect of the proposed alignment of the street improves this access to residents. The new street will also maintain current access to Roy Drive and Southern Lane. The proposed entrance to the Home Depot will be aligned with Southern Lane. A right-in-only entrance from US 220 is located at the southern edge of the site where Southern Lane, as it exists today, connects with US 220 next to the Save-X station. The crossover to Southern Lane from the southbound lane is to be eliminated. This entrance is intended only for truck access. Trucks would exit the site via the main entrance on the new street. Vision 2001-2020 recommends the following policies and design principles: · IN P2. Transportation system. "Roanoke will provide a transportation system that is an integrated, multi-modal network of automobile, bicycle, pedestrian, and transit facilities. Interconnected street systems should be encouraged in new development and be maintained in existing development." The new street will enhance connectivity and will provide pedestrian accommodations. IN P3. Land use and transportation plans .... "Future commercial development along arterial roads will be focused at major intersections rather than strip commercial development along corridors." The proposed development is within an identified local/regional commercial center. The Southern Hills Neighborhood Plan, adopted October 15, 2002, contains the following recommended policies to guide future development: "Ensure that future commercial development incorporates convenient and safe connectivity and access to residential areas and to other commercial areas. Pursue opportunities to develop a commercial frontage road parallel to US 220." The proposal enhances access and safety, particularly for residents of the Southern Hills Neighborhood, who currently have no access to a signalized intersection. The proposal, however, will preclude development of a frontage street. "New development should seek to provide safe, convenient connections between residential and commercial areas and between businesses. New roads should be designed so they connect with streets at multiple locations and avoid the use of cul-de-sacs." The proposal enhances connections between residential and commercial areas. Access between Southern Hills Drive/Griffin Road and the traffic signal is created. Access to Southern Lane to the north is retained. The overall level of connectivity is retained. The plan recommends street designs (pp. 13-14). Street design is not being addressed as part of the petition. Staff recommends the street design provide a planting strip of at least five feet between the proposed curb and sidewalk. In addition to the right-of-way vacation, the petitioner is also requesting vacation of a portion of a drainage easement. The portion requested for vacation lies within the proposed right-of-way of Griffin Road which the petitioner will dedicate to the City. Vacation of the easement will require a separate deed of release. Staff received comments from AEP, Verizon, and Roanoke Gas Company. The latter does not have any facilities in the area. AEP and Verizon both stated that the petitioner will be responsible for relocating their facilities. Staff received comments from the Western Virginia Water Authority, who stated that water and sewer lines must remain in a 20 foot public utility easement. The Department of Real Estate Valuation assessed the value of the subject right-of-way at a rate of $6 per square foot based on C-2 zoning. Recommendation: By a vote of 5-1, the Planning Commission recommended vacation of the portions of rights-of-way and the portion of drainage easement at no charge to the Petitioner. The portions of rights-of-way to be vacated are roughly equivalent to the right-of-way to be dedicated. The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Said plat shall combine all properties which would otherwise dispose of the land within the right of way to be vacated in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right-of-way, including the right of ingress and egress. Upon meeting all other conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. If the subject portion of drainage easement is determined to be private, the applicant shall record a deed of release for the vacation of a .032 acre drainage easement as shown on the preliminary plat submitted by the petitioner. This deed of release must be approved by the City of Roanoke, and will be referenced on the final plat when it is recorded with the Clerk of the Circuit Court of the City of Roanoke, Virginia. 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, Roanoke City Planning Commission attachments cc: Darlene L. Burcham, City Manager Rolanda Russell, Assistant City Manager William M. Hackworth, City Attorney James F. Douthat, Attorney for the petitioners IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Application of Faison-Southem Lane, LLC And Save-X 2, LLC for Vacation of a Portion of Southern Lane S.W. and Southern Hills Drive S.W. ) ) APPLICATION FOR VACATING, ) DISCONTINUING AND CLOSING ) A PART OF SOUTHERN LANE S.W. ) AND SOUTHERN HILLS DRIVE S.W. ) MEMBERS OF COUNCIL: Faison-Southem Lane, LLC and Save-X 2, LLC, by counsel, apply to have a portion of Soutbern Lane, S.W. and Southern Hills Drive, S.W. 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. The portions of these streets to be vacated, discontinued and closed are more particularly described on the Subdivision, Vacation, Combination and Dedication Plat for Faison-Southem Lane, LLC and Save-X 2, LLC Showing the Vacation of a Portion of Southern Hills Drive, S.W. and Southern Lane, S.W. Containing 1.331 AC. and Creating Tract A (10.539 Ac.), Tract B (1.778 Ac.) and Tract C (0.593 Ac.) and Dedicating 1.256 Ac. to the City of Roanoke for Street Purposes by Mattem & Craig, Inc., dated June 1, 2005, a copy of which is attached and as follows: That certain Existing Fee Simple Right-of-Way containing 0.791 acres and that certain Existing 30' Prescriptive Right-of- Way containing 0.352 acres and that certain Existing Variable Width Prescriptive RJW containing 0.188 acres, being a total of 1.331 acres to be vacated as shown on Sheet 2 of 3 of June 1, 2005, Subdivision, Vacation, Combination and Dedication Plat for Faison-Southem Lane, LLC and Save-X 2, LLC attached hereto. Faison-Southem Lane, LLC and Save-X 2, LLC, state that the grounds for this application are as follows: 1. Faison-Southem Lane, LLC is the owner of 14 contiguous parcels of land and the contract purchaser of a contiguous parcel of land owned by Save-X 2, LLC, all of which are adjacent to Southern Lane, S.W. and/or Southern Hills Drive, S.W. (the "Property'). Faison-Southem Lane, LLC has filed a Petition to Amend Proffered Conditions and Proffer of Conditions (the "Petition") affecting the Property which proposes the extension of Griffin Road, S.W., from its intersection with Southern Hills Drive in a westerly direction to intersect with Southern Lane and terminate on the easterly side of Franklin Road (U.S. Route 220) at the signalized intersection of Valley Drive and Franklin Road. The Petition filed by Faison-Southern Lane, LLC proposes the Property be subdivided into three commercial parcels zoned C-2 Conditional, each of which will have access to Griffin Road, as extended, Southern Lane, S.W. and Franklin Road. Griffin Road, as extended, to Southern Lane S.W. and Franklin Road, will replace the existing portions of Southern Lane, S.W. and Southem Hills Drive, S.W. your petitioners request be vacated, discontinued and closed and will provide a road system that complies with the requirements of the City of Roanoke and the Virginia Department of Transportation and will improve access to the Property and the property now served by Southern Lane, S.W. and Southern Hills Drive, S.W. 2. Faison-Southem Lane, LLC, as part of this application will record the attached Subdivision, Vacation, Combination and Dedication Plat for Faison-Southem Lane, LLC and Save-X 2, LLC by Mattem & Craig, Inc., dated June 1, 2005, and dedicate the. right-of-way required for the extension of Griffin Lane to Southern Lane, S.W. and to the intersection with Franklin Road. The right-of-way to be dedicated is shown on page 3 of 3 of the attached plat and is described as follows: Description of a 1.256 Ac. Parcel being dedicated To the City of Roanoke, Virginia for Street Purposes BEGINNING at a point on the easterly right-of-way of U.S. Route 220, said point being the northeast intersection of said U.S. Route 220 and a proposed road; Thence leaving said right-of-way of U.S. Route 220 and with the northerly right-of-way of said new road, N 62o50'06" W, 60.59 feet to a point; Thence continuing with same with a curve to the left whose radius is 165.00 feet an arc distance of 111.48 feet (chord = N 46°37'05'' E, 109.37 feet ) to a point; Thence continuing with same, N 27015'45'' E, 52.84 feet to a point; Thence continuing with same with a curve to the left whose radius is 30.00 feet an arc distance of 47.23 feet (chord = N 17o50'35" W, 42.50 feet ) to a point; Thence continuing with same with a curve to the right whose radius is 390.00 feet an arc distance of 92.02 feet (chord = N 56°11 '20" W, 91.81 feet) to a point; Thence crossing an existing right-of-way of Southern Lane, S.W., N 41°31 '44" E, 33.55 feet to a point on the existing easterly right-of-way of Southern Lane, S.W.; Thence with said right-of-way with a curve to the right whose radius is 602.13 feet an arc distance of 66.17 feet (chord = N 36°21'37" W, 66.14 feet) to a point; Thence continuing with same, N 33012'42" W, 51.68 feet to a point; Thence continu'mg with same with a curve to the right whose radius is 192.00 feet an arc distance of 78.52 feet (chord = N 21°29'46'' W, 77.97 feet) to a point; Thence continuing with same N 09o46'50" W, 26.36 feet to a point, said point being the southwest comer of the property of the City of Roanoke (D.B. 1475, Pg. 513); Thence with the southerly property line of the property of the City of Roanoke, N 77°15'08" E, 0.58 feet to a point; Thence with a new right-of-way line with a curve to the left whose radius is 340.00 feet an arc distance of 297.37 feet (chord = S 37°58'04" E, 287.98 feet) to a point; Thence continuing with same with a curve to the left whose radius is 30.00 feet an arc distance of 46.97 feet (chord = N 72°07'10'' E, 42.32 feet) to a point; Thence continuing with same, N 27°15'45" E, 55.22 feet to a point; Thence continuing with same with a curve to the right whose radius is 215.00 feet an arc distance of 243.24 feet (chord = N 59°40'24" E, 230.47 feet) to a point; Thence continuing with same with a curve to left whose radius is 15.00 feet an arc distance of 23.91 feet (chord = N 46°25'10" E, 21.46 feet) to a point; Thence continuing with same with a curve to left whose radius is 158.00 feet an arc distance of 58.43 feet (chord =N 09°50'22" W, 58.10 feet ) to a point on the westerly right-of-way of Griffin Road, S.W.; Thence with said westerly right-of- way of Griffin Road, S.W., S 40°52'16" E, 217.43 feet to a point; Thence with a new right- of-way line with a curve to the left whose radius is 165.00 feet an arc distance of 101.54 feet (chord = N 67°42'31" W, 99.95 feet) to a point; Thence continuing with same, N 85°20'20" W, 49.99 feet to a point; Thence continuing with same with a curve to the left whose radius is 165.00 feet an arc distance of 194.09 feet (chord = S 60057'42" W, 183.09 feet) to a point; Thence continuing with same S 27°15'45'' W, 51.50 feet to a point; Thence continuing with same S 15°21 '17" E, 26.58 feet to a point; Thence continuing with same S 27°15 '45" W, 147.00 feet to a point; Thence continuing with same with a curve to the right whose radius is 233.00 feet an arc distance of 158.90 feet (chord = S46°47'59'' W, 155.84 feet) to a point; Thence continuing with same, S 25°42'04" W, 43.50 feet to a point; Thence continuing with same, S 17o05'30" E, 106.15 feet to a point; Thence with the easterly right-of-way of U.S. Route 220, S 71023'50" W, 10.00 feet to a point; Thence continuing with same, N 19°18'32'' W, 142.00 feet to a point; Thence continuing with same, N 19°50'06'' W, 106:53 feet to the POINT OF BEGINNING and containing 1.256 Acres. WHEREFORE, Faison-Southem Lane, LLC and Save-X 2, LLC respectfully request that the above described streets be vacated by the Council of the City of Roanoke, Virginia in accordance with Virginia Code Section 15.2-206 and Section 30-14 Code of Virginia, the City of Roanoke (1979), as amended. Respectfully submitted, FAISON-SOUTHERNLANE, LLC By: s/s Jensie Tea~ue SAVE-X2, LLC By: SAVE-X USA, INC. 10 S. Jefferson Street, Suite 1400 P.O. Box 14125 Roanoke, VA 24038-4125 540-983-7662 Counsel for Faison-Southem Lane, LLC and Save-X 2 LLC By: s/s Kent Roberts Pres. Kent Roberts {~0922214-1, 106211-00000-01} 3 05/34/2004 19:37 FAX 7050147 Harrison Conference Cent ~ · 05/01/2005 18:00 FAX ~ 0 983 ~3 ~O00g ROBERg PLC ~lUZ~ point on the v., ~sterly right-of-way of GrilTm Road, S.W.; Th~ with said wmterly right-of- way of Griffk~ Road, $.W., $ 40°52'16'' E, 217.43 fi~'t to a point; Thence with a new fight- of-way line w:i :h a curve to the le/t whose radius is 165.00 feet an aw distance of 101.54 fe~t (chord =lq 67 .~2'31" W, 99.95 foot) to a point; Thence continuing with same., N 85~0'20" W, 49.99 feet: ~ a point; Thrace continuing with same with a curve to the left whose radius is 165.00 fe.~t ~r~..~rc distance, of 194.09 feet (chord -- S 60'57'42' W, 183.09 f~t) to a point; Thence conth:~ ..lng with same S 27~15'45'' W, 51.50 feet to a point; Th~aoo continuillg with same S 15°21 :; 7" E, 26,58 foot to a point; Thenoo continuing with same S 27°15'45" W, 147.00 foot to ..point; Thence confmfing with same with a curve to tho fight whose radiul is 233.00 f~et m~ ..~c distance of 15&90 feet (chord ~ S46~47'59'' W, 155.84 f~0 to a point~ Thence conti~, ing with same, S 25°42'04'' W, 43.50 fo~t to a point; TI°anco continuing with same, $17~05: '}0" E, 106.15 feet to a point; Thence with the easterly right-of-way of U.S. Route 220, S ':: :.°23'50" W, 10.00 f~t to a poim; Theno~ continuing with aaron, lq 19~18'32'' W, 142,00 fe~ to a point; Thenc~ continuing with same, N 19°50'06" W, 106.53 feet to tim POINT OF Bt!! 3INNING and containing 1.256 Acre°. WHE1;:.3FORE, Faison-Southem Lane, LLC and Save-X 2, LLC respozff-ully request that the above, :~scribed streets be vacated by tlw Council of the City of Roanoke, Vir~n{~ in accord°ncc witi Virginia Code Sec6on 15.2-206 and $~c6on 30-14 Code of Virginia, the City ofRoan0..',;~ :: (1979), as amended. Resp~tiblly submitted, FAISON-SOUTHERN LAN'~, LLC By: SAVF.-X 2, LLC By.' /./James F. Dou~:,.:4, Esq. Woods Rogers ::'LC l 0 S. leffersoa ::~treet, Suite 1400 P.O. Box 1412.:~ Roanoke, VA :~ 4038-4125 540-983-7662 Couna~J :tot Fa/son-Southern Lane, LLC and Sa~-X 2 LLC SAVE-X USA, INC. Ko~t The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times ................................................. + ........................ JAMES DOUTHAT P. O. BOX 14125 C/O WOODS, ROGERS & ROANOKE VA 24038 NOTICEOFPUBLICHEARIN REFERENCE: 80095560 07194453 State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Vi~kginia. Sworn and subscribed before me this ._~__day of 2005. Witness hand and August my ~1 seal. PUBLISHED ON: 09/02 08/09 ~Coufi~ll of the City of ~/q~l~on, vacate, ( ) TOTAL COST: 369.38 FILED ON: 08/09/05 ........... ~ ...................................... ~_ ........................ Authorize~li ~,~ ~ ~ Signature:- ~_,.,*~v~~- · Billin~ Services Representative NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, August 15, 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 right-of-way: That portion of Southern Hills Drive, S.W., and Southern Lane, S.W., containing 1.331 acres, as more particularly described on the Subdivision, Vacation, Combination and Dedication Plat for Faison-Southern Lane, LLC and Save-X 2, LLC Showing the Vacation of a Portion of Southern Hills Drive, S.W. and Southern Lane, S.W. Containing 1.331 AC. and Creating Tract A (10.539 Ac.), Tract B (1.778 Ac.) and Tract C (0.593 Ac.) and Dedication 1.256 Ac. to the City of Roanoke for Street Purposes by Mattem & Craig, Inc., dated June 1, 2005, a copy of which is on file in the Office of the City Clerk. 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, August 11, 2005. GIVEN under my hand this 29th day of July ,2005. K:/NOTICES/N CLOSE ST{HOME DEPOT) 081505 DOC Mary F. Parker, City Clerk. Notice to Publisher: Publish in the Roanoke Times once on Tuesday, August 2, 2005 and Tuesday, August 09, 2005. Send affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 Send bill to: James F. Douthat, Esquire Woods Rogerts PLC P. O. Box 14125 Roanoke, Virginia 24038-4125 (540) 983-7662 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Rc~anoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ ci.roanoke.va.us August2,.2005 File #514 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk James F. Douthat, Attorney Woods Rogers PLC P. O. Box 14125 Roanoke, Virginia 24038-4125 Dear Mr. Douthat: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, August 15, 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 Faison- Southern Lane, LLC and Save-X 2, LLC, that a portion of Southern Lane and Southern Hills Drive, S. W. (1.331 acre), 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. It will be necessary for you, or your representative, to be present at the August 15 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosure K:~Public Headngs~Public Hearings 2005~Aug 05~Att~neys and Adjoining Property 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 Tel~phonc: (540) 853-2541 Fax: (540) 853-1145 E-malE clcrk~ci.rom~ok¢.va.us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN A~istant Cit7 Clerk June 7, 2005 File #514 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 June 2, 2005, from James F. Douthat, Attorney, representing Faison-Southern Lane, LLC and Save-X 2, LLC, requesting that a portion of Southern Lane and Southern Hills Drive, S. W. (1.331 acre), be permanently vacated, discontinued and closed. Sincerely, City Clerk MFP:ew Enclosures Richard A. Rife June 7, 2005 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council James F. Douthat, Attorney, Woods Rogers PLC, P. O. Box Roanoke, Virginia 24038-4125 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 14125, I~.-~RY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 l-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 Clerk June 7,2005 File #514 Richard A. Rife, Chair City Planning Commission :~326 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 June 2, 2005, from James F. Douthat, Attorney, representing Faison-Southern Lane, LLC and Save-X 2, LLC, requesting that a portion of Southern Lane and Southern Hills Drive, S. W. (1.331 acre), be permanently vacated, discontinued and closed. Mary F. Parker, CMC City Clerk MFP:ew Enclosures Richard A. Rife June 7, 2005 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council James F. Douthat, Attorney, Woods Rogers PLC, P. O. Box Roanoke, Virginia 24038-4125 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 14125, MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vn~ginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ ci.roanoke.va.us August22,2005 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk File #79 Thomas C. Driver, President Star City Gospel Caf6, Inc. 7004 Peters Creek Road, N. W. Roanoke, Virginia 24019 Dear Mr. Driver: I am enclosing two certified copies of Ordinance No. 37161-081505 exempting from real estate taxation certain property located at 926 Indiana Avenue, N. E., Official Tax No. 3060505, owned by Star City Gospel Caf6, Inc., an organization devoted exclusively to charitable or benevolent purposes on a non-profit basis, effective January 1, 2006, if, by such time, a copy, duly executed by an authorized Officer of the Applicant has been filed with the City Clerk. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 15, 2005. Si ncereJy, Mary F. Parker, CMC City Clerk MFP:ew Enclosure pc: Darlene L. Burcham, City Manager Susan S. Lower, Director, Real Estate Valuation Vickie Tregubov, Budget Management Analyst, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of August, 2005. No. 37161-081505. AN ORDINANCE exempting from real estate and personal property taxation certain property located in the City of Roanoke of the Star City Gospel Caf6, Inc., an organization devoted exclusively to charitable or benevolent purposes on a non-profit basis; providing for an effective date; and dispensing with the second reading by title of this ordinance. WHEREAS, the Star City Gospel Cafe, Inc., (hereinafter "the Applicant"), has petitioned this Council to exempt certain real property and personal property of the Applicant from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia; WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Applicant's petition was held by Council on August 15, 2005; WHEREAS, the provisions of subsection B of Section 58.1-3651, Code of Virginia (1950), as amended, have been examined and considered by the Council; WHEREAS, the Applicant agrees that the real property to be exempt from taxation is certain real estate, including the land and any building located thereon, identified by Roanoke City Tax Map No. 3060505, commonly known as 926 Indiana Avenue, N.E., (the "Property"), and owned by the Applicant, and the Applicant's personal property, shall be used by the Applicant exclusively for charitable or benevolent purposes on a non-profit basis; and K:hMEAS URESXo-starcitycafetaxexemption. 1 .doc WHEREAS, in consideration of Council's adoption of this Ordinance, the Applicant has voluntarily agreed to pay each year a service charge in an amount equal to twenty percent (20%) of the City of Roanoke's real estate tax levy, which would be applicable to the Property were the Property not exempt from such taxation, for so long as the Property is exempted from such taxation; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council classifies and designates the Star City Gospel Cafe, Inc., as a charitable or benevolent organization within the context of Section 6(a)(6) of Article X of the Constitution of Virginia, and hereby exempts from real estate taxation certain real estate, including the land and any building located thereon, identified by Roanoke City Tax Map No. 3060505, commonly known as 926 Indiana Avenue, N.E., and owned by the Applicant, and the Applicant's personal property, which property is used exclusively for charitable or benevolent purposes on a non-profit basis; continuance of this exemption shall be contingent on the continued use of the property in accordance with the purposes which the Applicant has designated in this Ordinance. 2. In consideration of Council's adoption of this Ordinance, the Applicant agrees to pay to the City of Roanoke on or before October 5 of each year a service charge in an amount equal to twenty (20%) percent of the City of Roanoke's real estate tax levy which would be applicable to the Property, were the Property not exempt from such taxation, for so long as the Property is exempted from such taxation. K:hM EAS UKES~o-starcityca fetaxexemp fi on. 1 .doc 3. This Ordinance shall be in full force and effect on January 1, 2006, if by such time a copy, duly executed by an authorized officer of the Applicant, has been filed with the City Clerk. 4. The City Clerk is directed to forward an attested copy of this Ordinance, after it is properly executed by the Applicant, to the Commissioner of the Revenue and the City Treasurer for purposes of assessment and collection, respectively, of the service charge established by this Ordinance, and to Thomas C. Driver, President of the Star City Gospel Cart, Inc. 5. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. City Clerk. ACCEPTED, AGREED TO AND EXECUTED by the Star City Gospel Caf6, Inc., this _]_~ day of ~.~elo ;~'- ,2005. (SEAL) THE STAR CITY GOSPEL CAFE, INC. Thomas C. Driver, President K:XM EAS URES~o-stamityc a fetaxexemption. 1 .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 August 15, 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: Tax Exemption Request from the Star City Gospel Cafe, Inc. Dear Mayor Harris and Members of City Council: Background: The Star City Gospel Caf4, Inc. owns the property known as Tax Map # 3060505, located at 926 Indiana Avenue, N.E., Roanoke. The primary purpose of the Star City Gospel Cafe, Inc. is to encourage and support local Gospel artists, musicians, and singers by providing free gospel services to the public including free food and drink. The Star City Gospel Cafe, Inc. acts as a meeting and clearing house for gospel groups to practice their craft, and find new members, players or singers. The Star City Cafe, Inc. also hosts a radio show on WKBA on Saturdays. The proposed annual taxes due for Fiscal Year 2005-2006 on the parcel noted above are $761.08 on an assessed value of $62,900. Considerations: On May 19, 2003, City Council approved a revised policy and procedure in connection with requests from non-profit organizations for tax exemption of certain property in the City by Resolution 36331-051903, adopting the revised Process for Determination of Property Tax Exemption dated May 19, 2003, with an effective date of January 1,2003. The Star City Gospel Cafe, Inc. has provided the necessary information required as a result of the adjustments made to our revised local policy prior to the deadline of October 15, 2005, the deadline for applications for exemptions that would take effect January 1,2006. Honorable Mayor and Members of Council August 15, 2005 Page 2 According to the Commissioner of the Revenue's Office, the loss of revenue to the City will be $608.88 after a twenty percent service charge is levied by the City in lieu of real estate taxes. This service charge will be $152.20. Commissioner of the Revenue, Sherman Holland, has determined the organization is currently not exempt from paying real estate taxes on the property known as Tax Map # 3060505 by classification or designation under the Code of Virginia. The IRS recognizes it as a 501(c) 3 tax-exempt organization. Notification of a public hearing to be held August 15, 2005, was duly advertised in the Roanoke Times. Recommended Action: Authorize the Star City Gospel Cafe, Inc. exemption from real estate property taxation pursuant to Article X, Section 6 (a) 6 of the Constitution of Virginia, effective January 1,2006, for the property known as Tax Map #3060505, located at 926 Indiana Avenue, N.E., Roanoke, if the organization agrees to pay the subject service charge by that date. Respectfully submitted, Darlene L. B,~rcham City Manager DLB/vst Attachment C: Honorable Sherman A. Holland, Commissioner of the Revenue Honorable Evelyn W. Powers, City Treasurer Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Susan S. Lower, Director of Real Estate Valuation Brian Townsend, Acting Director of Economic Development Sherman M. Stovall, Director of Management and Budget Mr. Thomas C. Driver, President, 7004 Peters Creek Road, Roanoke, Virginia 24019 CM05-00110 VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE PETITION FOR EXEMPTION FROM TAXATION OF CERTAIN PROPERTY PURSUANT TO ARTICLE X, SECTION 6(a)(6) OF THE CONSTITUTION OF VIRGINIA TO THE HONORABLE MAYOR AND MEMBERS OF COLrNCIL OF THE CITY OF ROANOKE: la. Your Petitioner, a Virginia, ~n-st. ock, npt for profi~ eorporatiJn owns certain r~al property, located at ~'e~a~/d !/[/~ ,~ltr N~ in the Ci_W of Roanoke, Virginia, which prol~erty is ci~ O~'Roafioke Tax Map ID ~~th a total assessedvalueof$~,~OO andatotalof$~l,lO inreal property taxes that we~-e paid or would have been paid in.the most recent . year, desires to be an organization designated pursuant to the provisions of Sec. 58.1-3651, of the Code of Virginia, as mended, in order that the referenced real property, t_o be used exclusively for charitable and _benevolent. pu.rposes in (Deseribe proposed use of real property~ if applicabl~) be exempt from taxation under the provisions of Article X, Section 6 (a)(6) of the Constitution of Virginia so long as your Petitioner is operated not for profit and the property so exempted is used in accordance with the purpose for which the Petitioner is classified. lb. (if requesting exemption for personal property, complete section 1.b) a Vir~nia, non-stock, not for prqfft co.option o~s ce~ai~ pe~onal prop~y, located at ~ ~ d I ~ ~ ~ ~e CiW of Ro~oke, Vir~nia, wi~ a tot~ assessed v~uc of $ ~ ~ ~d a total of $ ~ ~ ~ in p~son~ prop~y t~es ~at were p~d or would have been p~d in ~e most recur ye~, dcskes to be ~ org~zafion desi~ated p~su~t to ~e provisions of Sec. ~8.1-]651, of thc Code of Vir~a, ~ ~ended, in order that thc rcfer~ced p~on~ prop~, to be used exclusively f~ ch~table ~ b~evolent p~oseq ~ (Descrt~e proposed use of personal p rope~, if applicabl~) be exempt fi.om taxation under the provisions of Article X, Section 6 (a)(6) of the Constitution of Virginia so long as your Petitioner is operated not for profit and the property so exempted is used in accordance with the purpose for which the Petitioner is classified. 2. Your Petitioner agrees to pay to the City of Roanoke, an annual service charge in an amount equal to twenty percent (20%) of the City of Roanoke tax levy, which would be applicable to this real estate, were our ffganization not be tax exempt, for as long as this exemption continues(~/ 3. Your Petitioner, if located within a service district, agrees to pay to the City of Roanoke an annual service charge equal to the additional service district tax that would be levied for as long as this exemption continues. ¢/ 4. Your Petitioner agrees to provide information to the Director of Real Estate Valuation upon request to allow a triennial review of the tax exempt status of your Petitioner. Q¥ I~ The following questions are submitted for consideration: (Q): Whether the organization is exempt fi.om taxation pursu.ant toxSection 501 (c) of the Internal Revenue Code of (A): --Your Petitioner was granted exemption fi.om taxation pursuant to Section 501 (c) of the Internal Revenue Code of 954 on . (Q): Whether a current alcoholic beverage license for serving alcoholic beverages has been issued by the Alcohol Beverage Control Board to such organization for use on such property. (Q): Whether any director, officer or employee of the organization has been paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer or employee actually renders. (Q): Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the senrice provided by 2 such organization is generated by funds received from donations, contributions or, local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in-kind or other material serviges ..... (Q): Whether the organization provides services for the common good of the public..~ ~5 ) (A): Your Petitioner provides services for the common good &the public in as much as it ~ __ (l?e~cf3e the l~ubl]c service) (Q): Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign o..n behalf of any can~i, date for p.ublic o.ffice. qA): non. ! (Q): Whether any rule, regulation, policy or practice of the organization discriminates on the basis oftre, li~gatts conviction, race, color, sex or national origins{ (Q): Whether there is a significant revenue impact to the locality anql its taxpayers of exempting th~prope/ty._ o ~ } . Note: (Q): Any other criteria, facts and circumstances, which the governing body deems pertinent to the adoption of such ordinance. (^): (Provide as neceasary). A copy of this Petition is being delivered this day to the City Manager of the City of Roanoke, Virginia. THEREFORE, your Petitioner, ~"71-t~' ~/~t ~'O$11'~ ~T.,, respect~lly requests to the Council of ~e Ci~ o~o~ok~m tNs re~ or personal prop~y, or both, of yo~ Petitioner be desi~ated exmpt ~om taxation so long ~ yo~ Petifion~ is opiated not for profit ~d ~e prope~y so exempt is used for the p~icul~ p~oses o~pro~ding ~ ~ ~ · O~ ~12 ~o~ ~cr~t~} F~ ~J~ /o ~ (Repeat proposed ~e of~rope~. Respectfully submitting this /.__day ~/~, 20 01~' '5'335- 4 The Gospel Caf6 open Mic. sing first opened in summer of 1999, at 5105 Melrose ave Roanoke, Va, as a pot luck dinner gospel sing, over the years we(myself, and Mrs. Brown) have invested in both music and kitchen equipment and made up for any fund shortages .We Now need organizational structure, and legal identity, so we incorporated in 2003.Our Location has now changed but our purpose is still clear. We work for our Lord, outside of, and in between church congregation's with Gospel favorites, Free food, Friendship, fellowship, And faith, a Fun Christian place to go on weekend nights. Our new facility is a former Church fellowship hall sold by the church to an outside private owner, who now leases the property to us. We are open eve~ Friday and Saturday night From 7-10 PM. At 926 Indiana ave NE. Roanoke, Va. Patron's sign up to take turns singing, Reading, witnessing, our house band is augmented by those who visit, sit in, or take a turn We offer food and drink, at no charge "Our only Menu is the message in music" but Take up and offering nightly Our food table is usually bountiful with plenty for all, some bring covered dish, some cooked in our kitchen, we minster fn'st to hunger and thirst, but most regulars come for fellowship, to sing and to hear gospel singing, to praise the Lord, and have a joyful time, Strangers are quickly turned into friend's and family, by the love of God. Our Job is to-encourage and support Gospel music and Christian musicians, we offer them a forum'to sing and play at in a relaxed caf6 setting, We act as a meeting and clearing house for gospel groups to practice their craft, find .new members, players or singers. We find great joy when a person sings in public for the first time with us and then goes "solo" in local nursing homes or churches. The hous~ band leaders, Mr Crum, and Mr Pauly hold practice sessions during the week, older players lend a teaching hand to beginners and rusty old players fmd the love of music again by playing for the Lord; We work between Churches, cross over and mix up Racial, Ethnic, regional, and denominational styles of music and Worship, Oiten the music is different than what people hear at their home church., but the old hymn's are still the most popular. When a patron takes a turn They lead the band in what they sing or what music if any is played, In the future we plan to start the" Gospel caf6 Radio Hour", hold Gospel concerts, (We are now booking our first two outside groups, ) do music recording, allow appropriate Private parties to use our facility for a donation, Hold cook outs, bake sales, and rummage Sales to raise funds, and organize ourselves into a true charitable non- profit with corporate Officers. And enough fund raising ability to meet our budget and mission goals. Tommy D, and Mrs, G : Sincerely Thomas C Driver Glady's A Brown c/o Officers Roy Woods The Crum- Pauly Band Sitas Crum Charles(Babba) Pauly Barbra Richards Roberta Moore Charles Daily Norm Beamer Leonard Pugh Joeann Fartin, Judy Conner, Harold, Stump, Donna Kessler Parcel ID Query Results Page 1 of 3 Parcel Detail Search Results - rq~w Search · A~essment Information · Attic · Basement · Buildinq Permits. · Flood Zone a (~ra~es a Heetina/Air · Imaaes · Owner/Leoal Information NEIGHBORHOOD INFORMATION View Neiaborhood Portal a, BUILDING PERMITS View Permits & Code Enforcement Notices Jik IMAGES · Plumbino · Porches · Roofs · Sale/Transfer Information a Sketches · Structure Informetion · Tooo~raohv a ZoninQ lot Information ~ SKETCHES Sketch 1 JIk OWNER/LEGAL INFORMATION Tax Number Prope~y Address Legal Description Owner Name Owner 2 Name Owner Address Neighborhood Number Census Tract Property Use & ASSESSMENT INFORMATION Assessment I-~story Land Assessment Improvements Total Change Reason Assessment History 2 Land Assessment 2 Impmvements 2 Total 2 Change Reason 2 ~k SALE/TRANSFER INFORMATION Deed Reference Grantor Sale Date Sale Price Deed Reference 2 3060505 926 INDIANA AV NE W PT LOT 1 KEATON MELKI BOUTROS Y & SHEILA L N/A 5220 HEARTHSTONE RD NW ROANOKE VA 24012 720 0.00000 400-Commemlal/Ind ustdal $9,100.00 $53,800.00 $62,000.00 Annual RA 05 01101/2004 $8,100.00 $52,200.00 $60,300.00 Annual RA 04 0030002567 SMITH TROY LEON ETAL TRS 12/11/2002 $60,000.00 http://gis.roanokegov.corrffaddress3.cfi'n?IDValue=3060505'+: , .................,,,,,,,,,,,,,,,, &Se... 4/19/2005 Parcel ID Query Results Page 2 of 3 Grantor 2 Prev. Sale Date Prav. Sale Price & ZONING LOT INFORMATION Property Area Sqff* 13,222 property Frontage 94 Feet Property Avg. Depth 140 Feet property Acres 0.3035 Zonina RM-I ~ N/A ~ TOPOGRAPHY Topography Level ~ FLOOD ZONE INFORMATION SFHA N/A Firm Panel 51161C0046D Community 0130 FtPS 51770 A STRUCTURE INFORMATION Year Built 1978 Number of stodee 1 Construction Extedor N/A Size Sqff. 1,800 Foundation N/A Structure Wood Frame Lower Split Foyer N/A Lower Finisbed N/A Total Bedrooms N/A Total Rooms 0 l~ An'lC Attic None A BASEMENT Basement Ama Sqff. N/A Finished Sqft. N/A & ROOFS Roof Style 4 Roof Cover N/A ,& HEATING/AIR Heating Type 1800 sf Central Air N Fireplaces No ~k PLUMBING 2 Fixture N/A 3 Fixture N/A 4 Fixture N/A 5 Fixtum N/A ~k, GARAGES Attached Comge N/A De~ached Garage N/A Attached Carport N/A Basement Lower Level Garage N/A A PORCHES Enclosed P(:rch 0020022365 TRUSTEES NEW HOPE BAPTIST CHURCH 12/11/2002 $60,000.00 http://gis.roanokegov.com/address3.cfm?IDValue=3060505q I I I I I I I I q-~ [ I I I t I I I &Se... 4/19/2005 Parcel ID Query Results Page 3 of 3 N/A Open Porch 900 Wood Deck N/A http://gis.roanokegov.conffaddress3.cfm?IDValue=30605051:: ', ~:: I I ~-+ I I I ~-++++&Se... 4/19/2005 INTERNAL REVENU~ SERVICE P. O. BOX 2508 CINCINNATI, OH 45201 Date: NOV 1 8 200 STAR CITY GOSPEL CAFE INC C/O THOMAS C DRIVER 7004 PETERS CREEK RD ROANOKE, VA 24014 DEPARTMENT OF THE TREASURY Employer Identification Number: 20-1105248 DLN: 17053135024024 Contact Person: KARENT HOOD Contact Telephone Number: (877) 829-5500 Accounting Period Ending: September 10, 2003 Public Charity Status: 170(b) (m}(A) (vi) ~lTa 990 Required: Yes Effective Date of Exemption: September 10, 2003 Contribution Deductibility: Yes Advance Ruling Ending Date: December 31, 2007 ID# 75069 Dear Applicant: We are pleased to inform you that uPOn review of your application for tax exempt status we have determined that you are exempt from Federal income tax under section 501(c)(3) of the Internal Revenue Code. Contributions to you are deductible under section 170 of the Code. You are also qualified to receive tax deductible bequests, devises, transfers or gifts under section 2055, 2106 or 2522 of the Code. Because this letter could help resolve any questions regarding your exempt status, you should keep it in your permanent records. Organizations exempt under section 501(c)(3) of the Code are further classified as either public charities or private foundations. During your advance ruling period, you will be treated as a public charity. Your advance ruling period begins with the effective date of your exemption and ends with advance ruling ending date shown in the heading of the letter. Shortly before the end of your advance ruling period, we will send you Form 8734, Support Schedule for Advance Ruling Period. You will have 90 days after the end of your advance ruling period to return the completed form. We will then notify you, in writing, about your public charity status. Please see enclosed Information for Exempt Organizations Under Section 501(c)(3) for some helpful information about your responsibilities as an exempt organization. Letter 1045 (DO/CG) STAR CITY GOSPEL CAFE INC -2- Sincerely, Lois G. Lerner Director, Exempt Organizations Rulings and Agreements Enclosures: Information for Organizations Exempt Under Section 501(c)(3) Form 872-C Letter 1045 (DO/CG) STAR CITY GOSPEL CAFE INC INFORMATION FOR ORGANIZATIONS EXEMPT UNDER SECTION 501(C) (3) WHERE TO GET FORMS AND HELP Forms and instructions may be obtained by calling toll free 1-800-829-3676, through the Internet web Site at www.irs.gov, and also at local tax assistance centers. Additional information about any topic discussed below may be obtained through our customer service function by calling toll free 1-877-829-5500 between 8:00 a.m. - 6:30 p.m. Eastern time. NOTIFY US ON THESE MATTERS If you change your name, address, purposes, operations or sources of financial support, please inform our TE/GE Customer Account Services Office at the following address: Internal Revenue Service, P.O. Box 2508, Cincinnati, Ohio 45201. If you amend your organizational document or by-laws, or dissolve your organization, provide the Customer Account Services Office with a copy Of the amended documents. Please use your employer identification number on all returns you file and in all correspondence with the Internal Revenue Service. FILING REQUIREM~TS In your exe~0tion letter we indicated whether you must file Form 990, Return of Organization Exempt From Income Tax. Form 990 (or Form 990-EZ) is filed with the Ogden Submission Processing Canter, Ogden UT 84201-0027. You are required to file a Form 990 only if your gross receipts are normally more than $25,000. If your gross receipts are normally between $25,000 and $100,000, and your total assets are less than $250,000, you may file Form 990-EZ. If your gross receipts are over $100,000, or your total assets are over $250,000, you must file the complete Form 990. The Form 990 instructions show how to compute your .normal, receipts. Form 990 Schedule A is required for both Form 990 and Form 990-EZ. If a return is required, it must be filed by the 15th day of the fifth month after the end of your annual accounting period. There are penalties for failing to timely file a complete return. For additional information on penalties, see Form 990 instructions or call our toll free n%unber. If your receipts are below $25,000, and we send you a Form 990 Package, follow the instructions in the package on how to complete the limited return to advise us that you are not required to file. If your exemption letter states that you are not required to file Form 990, you Letter 10~5 (DO/CG) STAR CITY GOSPEL CAFE INC are exempt from these requirements. UNRELATED BUSINESS INCOME TAX RETURN If you receive more then $1,000 annually in gross receipts from a regular trade or business you may be subject to Unrelated Business Income Tax and required to file Form 990-T, Exempt Organization Business Income Tax Return. There are several exceptions to this tax. 1. Income you receive from the performance of your exempt activity is not unrelated business income. 2. Income from fundraisers conducted by volunteer workers, or where donated merchandise is sold, is not unrelated business income. Income from routine investments such as certificates of deposit, savings accounts, or stock dividends is usually not unrelated business income. There are special rules for income derived from real estate or other investments purchased with borrowed funds. This income is called "debt financed" income. For additional information regarding unrelated business income tax see Publication 598, Tax on Unrelated Business Income of Exempt Organizations, or call our toll free number shown above. PUBLIC INSPECTION OF APPLICATION AND INFORMATION RETURN You are required to make your annual information return, Form 990 or Form 990-EZ, available for public inspection for three years after the later of the due date of the return, or the date the return is filed. You are also required to make available for public inspection your exemption application, any supporting documents, and your exemption letter. Copies of these documents are also required to be provided to any individual upon written or in person request without charge other then reasonable fees for copying and postage. You may fulfill this requirement by placing these documents on the Internet. Penalties may be imposed for failure to comply with these requirements. Additional information is available in Publication 557, Tax-Exempt Status for Your Organization, or you may call our toll free number shown above. FUNDRAISING Contributions to you are deductible only to the extent that they are gifts and no consideration is received in return. Depending on the circumstances, ticket purchases and similar payments in conjunction with fundraising events may not qualify as fully deductible contributions. CONTRIBUTIONS OF $250 OR MORE Donors must have written substantiation from the charity for any charitable contribution of $250 or more. Although it is the donor's responsibility to obtain written substantiation from the charity, you can assist donors by Letter 1045 (DO/CG) STAR CITY GOSPEL CAFE INC providing a written statement listing any cash contribution or describing any donated property. This written statement must be provided at the time of the contribution. There is no prescribed format for the written statement. Letters, postcards and electronic (e-mail) or computer-generated forms are acceptable. The donor is responsible for the valuation of donated property. However, your written statement must provide a sufficient description to support the donor's contribution. For additional information regarding donor substantiation, see Publication 1771, Charitable Contributions - Substantiation and Disclosure Requirements. For information about the valuation of donated property, see Publication 561, Determining the Value of Donated Property. CONTRIBUTIONS OF MORE THAN $75 AND CHARITY PROVIDES GOODS OR SERVICES You must provide a written disclosure statement to donors who receive goods or services from you in exchange for contributions in excess of $75. Contribution deductions are allowable to donors only to the extent their contributions exceed the value of the goods or services received in exchange. Ticket purchases and similar payments in conjunction with fundraising events may not necessarily qualify as fully deductible contributions, depending on the circumstances. If your organization conducts fundraising events such as benefit dinners, shows, membership drives, etc., where something of value is received, you are required to provide a written statement informing donors of the fair market value of the specific items or services you provided in exchange for contributions of more than $75. You should provide the written disclosure statement in advance of any event, determine the fair market value of any benefit received, determine the amount of the contribution that is deductible, and state this information in your fundraising materials such as solicitations, tickets, and receipts. The amount of the contribution that is deductible is limited to the excess of any money (and the value of any property other than money) contributed by the donor less the value of goods or services provided by the charity. Your disclosure statement should be made, no later than, at the time payment is received. Subject to certain exceptions, your disclosure responsibility applies to any fundraising circumstances where each complete payment, including the contribution portion, exceeds $75. For additional information, see Publication 1771 and Publication 526, Charitable Contributions. EXCESS BENEFIT TRANSACTIONS Excess benefit transactions are governed by section 4958 of the Code. Excess benefit transactions involve situations where a section 501(c)(3) organization provides an unreasonable benefit to a person who is in a position to exercise substantial influence over the organization's affairs. If you believe there may be an excess benefit transaction involving your organization, you should report the transaction on Form 990 or 990-EZ. Additional information can be Letter 1045 (DO/CG) STAR CITY GOSPEL CAFE INC found in the instructions for Form 990 and Form 990-EZ, or you may call our toll free number to obtain additional information on how to correct and report this transaction. EMPLOYMENT TAXES If you have employees, you are subject to income tax withholding and the social security taxes imposed under the Federal Insurance Contribution Act (FICA). You are required to withhold Federal income tax from your employee's wages and you are required to pay FICA on each employee who is paid more than $100 in wages during a calendar year. To know how much income tax to withhold, you should have a Form W-4, Employee's Withholding Allowance Certificate, on file for each employee. Organizations described in section 501(c)(3) of the Code are not required to pay Federal Unemployment Tax (FUTA). Employment taxes are reported on Form 941, Employer's Quarterly Federal Tax Return. The requirements for withholding, depositing, reporting and paying employment taxes are explained in Circular E, Employer's Tax Guide, (Publication 15), and Employer's Supplemental Tax Guide, (Publication 15-A). These publications explain your tax responsibilities as an employer. CHURCHES Churches may employ both ministers and church workers. Employees of churches or church-controlled organizations are subject to income tax withholding, but may be exer~t from FICA taxes. Churches are not required to pay FUTA tax. In addition, although ministers are generally con, non law employees, they are not treated as employees for employment tax purposes. These special employment tax rules for members of the clergy and religious workers are explained in Publication 517, Social Security and Other Information for Members of the Clergy and Religious Workers. Churches should also consult Publications 15 and 15-A. Publication 1828, Tax Guide for Churches and Religious Organizations, also discusses the various benefits and responsibilities of these organizations under Federal tax law. PUBLIC CHARITY STATUS Every organization that qualifies for tax-exemption as an organization described in section 501(c)(3} is a private foundation unless it falls into one of the categories specifically excluded from the definition of that term [referred to in section 509(a) (1), (2), (3), or (4)]. In effect, the definition divides these organizations into two classes, namely private foundations and public charities. Public charities are generally those that either have broad public support or actively function in a supporting relationship to those organizations. Public charities enjoy several advantages over private foundations. There are certain excise taxes that apply to private foundations but not to public charities. A private foundation must also annually file Form 990-PF, Return of Private Foundation, even if it had no revenue or expenses. Letter 1045 (DO/CG) STAR CITY GOSPEL CAFE INC The Code section under which you are classified as a public charity is shown in the heading of your exemption letter. This determination is based on the information you provided and the request you made on your Form 1023 application. Please refer to Publication 557 for additional information about public charity status. GRANTS TO INDIVIDUALS The following information is provided for organizations that make grants to individuals. If you begin an individual grant program that was not described in your exemption application, please inform us about the program. Funds you distribute to an individual as a grant must be made on a true charitable basis in furtherance of the purposes for which you are organized. Therefore, you should keep adequate records and case histories that demonstrate that grants to individuals serve your charitable purposes. For example, you should be in a position to substantiate the basis for grants awarded to individuals to relieve poverty or under a scholarship or education loan program. Case histories regarding grants to individuals should show names, addresses, purposes of grants, manner of selection, and relationship (if any) to members, officers, trustees, or donors of funds to you. For more information on the exclusion of scholarships from income by an individual recipient, see Publication 520, Scholarships and Fellowships. Letter 1045 (DO/CG) 872-C (Rev. Apd11996) Consent Fixing Period of Limitation Upon Assessment of Tax Under Section 4940 of the internal Revenue Code Under section 6501 (c)(4) of the Internal Revenue Code, and as part of a request filed with Form 1023 that the organization name below be treated as a publicly supported organization under section 170(b)(1)(A)(vi) or section 509(a)(2) during an advance ruling period. Star City Gospel Cafe, Inc. 7004 Peters Creek Rd, Roanoke, VA 24014 and the District Director of Internal Revenue, or Assistant Commissioner (Employee Plans and Exempt Organizations Consent and agree that the period for assessing tax (imposed under section 4940 of the Code) for any of the 5 tax years in the advance ruling period will extend 8 years, 4 months, and 15 days beyond the end of the first tax year. However, if a notice of deficiency in tax for any of these years is sent to the organization before the period expires, the time for making an assessment will be further extended by the number of days the assessment is prohibited, plus 60 days. December 31, 2003 Ending date of first tax year ................................................... Name of organization (as shown in organizing document) Star City Gospel Cafe, Inc. Officer or Trust e~hority to sign Signature For IRS use only Date Title Distdct Director or Assistant Commissioner (Employee Plans and Exempt Organizations) Date ./ COMMISSIONER OF THE REVENUE CITY OF ROANOKE SHERMAN A. HOLLAND Commissioner GREGORY S. EMERSON Chief Deputy June 28, 2005 Thomas C. Driver Star City Gospel Caf6 7004 Peters Creek Rd Lot 23 Roanoke, VA 24019 Tax Map No. 3060505 926 Indiana Ave, NE Dear Mr. Driver: The above parcel is currently being taxed by the City of Roanoke for real estate taxes for the 2004-05 tax year. To be placed on the tax exempt rolls, a form has to be filed with the Roanoke City Council to get tax exempt stares. I hope this is the information that you need, please contact me if you have more questions. Sincerely, Sherman A. Holland Commissioner of the Revenue cc: Mary Parker, City Clerk SAH/jec 215 Church Avenue SW, Room 251 * Roanoke, Virginia 24011 Phone (540) 853-2521 * Fax (540) 853-1115 * www. ci. roanoke, va. us MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE-OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, V'trginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853~1145 E-mail: clerk @ ci.roanoke.va.us August 4, 2005 File #79 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Thomas C. Driver, President Star City Gospel Caf6, Inc. 7004 Peters Creek Road, N. W. Roanoke, Virginia 24019 Dear Mr. Driver: Pursuant to instructions by Council, a public hearing has been advertised for Monday, August 15, 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, 2:~5 Church Avenue, S. W., City of Roanoke, on the request of the Star City Gospel Caf6, Inc., for exemption from taxation of real property identified as Official Tax No. 3060505, located at 926 Indiana Avenue, N. E. It will be necessary for you, or your representative, to be present at the August 15 public hearing. Failure to appear could result in a deferral of the public hearing until a later date. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew pc: Darlene L. Burcham, City Manager The Honorable Sherman A. Holland, Commissioner of the Revenue Susan S. Lower, Director, Real Estate Valuation Vickie Tregubov, Budget Management Analyst, Office of Management and Budget 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 August 1,2005 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: Tax Exemption Request from the Star City Gospel Caf4, Inc. Pursuant to the requirements of the Virginia Code, the City of Roanoke is required to hold a public hearing on a request from the Star City Gospel Caf4, Inc., a non-profit organization, for tax exemption of certain property in the City. This is to request that a public hearing be advertised on the above matter for Council's regular meeting to be held on Monday, August 15, 2005. A full report will be included in the August 15, 2005, agenda material for your consideration. Respectfully submitted, Darlene L. Burc~am City Manager t.' DLB/vst 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 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times .................................................. + ........................ MARY F. PARKER CITY OF ROANOKE CLERK'S OFFICE 215 CHURCH AVE SW RM 456 NOEL C. TAYLOR MUNICIPAL BLDG. ROANOKE VA 24011 REFERENCE: 32143302 07149907 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~a. Sworn and subscribed before me this __[$~ 'day of August 2005. Witness my hand and off~ seal. f~, .__~__~'~/~'~ Notary PL~blic PUBLISHED ON: 08/05 TOTAL COST: FILED ON: 144.21 08/05/05 Notice is hereby g yen that he Ct[y Council of the CIty of I Roanoke will hold a public! Authorize ~ /~l tfr!! ^ ~ ~ Signature :__~_J~___~___4~--_____~2~i_ _,___~___~___~_~ .... Billing Services Representa!~ive NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of'Roanoke will hold a public hearing at its regular meeting to be held on August 15, 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 on the question of adoption of an ordinance pursuant to {}58.1-3651, Code of Virginia (1950), as amended, approving the request of the Star City Gospel Caf6, Inc., for designation of its real property, identified as Official Tax No. 3060505, and located at 926 Indiana Avenue, N.E., and its personal property to be exempted fi:om taxation. The total assessed value of the applicant's real estate for tax year 2005/2006 is $62,900, with a total real estate tax assessment o1'$761.08 due for the 2005/2006 tax year. The loss of revenue will be $608.88 annually after a 20% service charge is levied in lieu of real estate taxes. Citizens shall have the opportunity to be heard and express their opinions on this matter. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, 853-2541, by 12:00 noon on Thursday, August I 1, 2005. GIVEN under my hand this 2nd dayof August ,2005. Mary F. Parker, City Clerk. K:~llSC~N-TAXEX EMPT- STARCITYGOS PELCAFE,INC.081505 DOC Notice to Publisher: Publish in the Roanoke Times once on Friday, August 5, 2005. Send bill and affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal 13uilding 215 Church Avenue, SW, Room 364 Roanoke, Virginia 54o.853.2333 www.roanokegov.com June 21,2005 Mr. Thomas C. Driver President Star City Gospel Cafe 7004 Peters Creek Road Roanoke, VA 24019 Dear Mr. Driver: lam in receipt of a copy of the petition dated May 31, 2005 submitted by the Star City Gospel Cafe, Inc. to the Council of the City of Roanoke for exemption of taxation for certain real property. On May 19, 2003, City Council approved a revised policy and procedure in connection with requests from non-profit organizations for tax exemption of certain property in the City, adopting the revised Process for Determination of Property Tax Exemption dated May 19, 2003, with an effective date of January 1,2003. Petitions forwarded by the City Clerk to the City Manager by April 15'h for evaluation and recommendation to City Council will have an effective date of July 1't. Petitions forwarded by the City Clerk to the City Manager by October 15th for evaluation and recommendation to City Council will have an effective date of January 1". Therefore, the Star City Gospel Cafe, Inc. would be eligible for tax-exempt status for certain real property effective January 1,2005. In accordance with the revised policy, any organization planning to seek tax- exempt status for its real and/or personal property must first request in writing on the organization's letterhead a determination from the Commissioner of the Revenue whether the organization is already eligible for tax-exempt status by classification or designation. If you have not already done so, please request in writing a determination of tax-exempt status from the Commissioner of the Revenue. Upon the Commissioner of the Revenue responding to the organization in writing after a determination of tax-exempt status has been made, please forward a copy to the City Clerk's Office for their files. Mr. Thomas C. Driver June 21,2005 Page 2 If you have any questions regarding this matter, please contact Vickie Tregubov in the Department of Management and Budget at 853 -6403. Thank you. Sincerely, Darlene L. Bu~ham City Manager~/ DLB:vst C: Honorable Sherman A. Holland, Commissioner of the Revenue Stephanie M. Moon, CMC, Deputy City Clerk William M. Hackworth, City Attorney Vickie S. Tregubov, Budget/Management Analyst COMMISSIONER OF THE REVENUE CITY OF ROANOKE SHERMAN A. HOLLAND Commissioner GREGORY S. EMERSON Chief Deputy June 28, 2005 Thomas C. Driver Star City Gospel Caf6 7004 Peters Creek Rd Lot 23 Roanoke, VA 24019 Tax Map No. 3060505 926 Indiana Ave, NE Dear Mr. Driver: The above parcel is currently being taxed by the City of Roanoke for real estate taxes for the 2004-05 tax year. To be placed on the tax exempt rolls, a form has to be filed with the Roanoke City Council to get tax exempt status. I hope this is the information that you need, please contact me if you have more questions. Sincerely, Sherman A. Holland Commissioner of the Revenue cc: Mary Parker, City Clerk SAl-I/jec 215 Church Avenue SW, Room 251 * Roanoke, Virginia 24011 Phone (540)853-2521 ~- Fax (540)853-1115 * www. ci. roanoke, va. us 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 9,2005 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke which was held on Monday, May 19, 2003, Resolution No. 36331-051903 was adopted with regard to a new policy and procedure for processing requests from non-profit organizations to have property exempted from taxation pursuant to Article X, Section 6(a)(6), of the Constitution of Virginia, and repealing Resolution No. 36148-120202, adopted on December 2, 2002. I am attaching copy of a petition, which was filed in the City Clerk's Office on May 31,2005, by Star City Gospel Caf6, Inc., a Virginia, non-stock, not-for-profit corporation, requesting exemption from taxation of real property located at 926 Indiana Avenue, N. E., identified as Official Tax No. 3060505, pursuant to Section 30-19.04(B), Code of Virginia (1950), as amended. Petitions forwarded by the City Clerk to the City Manager by April 15 for evaluation and recommendation to City Council will have an effective date of July 1 st. Petitions forwarded by October 15th will have an effective date of January 1st. Sincerely, Stephanie M. Moon, CMC '"--" Deputy City Clerk Attachment K:\Slar Cily Gospel Cafe Tax Exemption Petition.doc Darlene L. Burcham June 9, 2005 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council The Honorable Sherman A. Holland, Commissioner of the Revenue William M. Hackworth, City Attorney Thomas C. Driver, 7004 Peters Creek Road, Roanoke, Virginia 24019 Susan S. Lower, Director, Real Estate Valuation Vickie Tregubov, Budget Management Analyst, Office of Management and Budget K:~Star City Gospel Cafe Tax Exemption Petition.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 August22,2005 File #2-142-166 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 37162-081505 vacating, discontinuing and closing a certain public right-of-way, being that portion of Salem Avenue, S. W., extending from the western property line of Official Tax No. 1010107 in a westerly direction approximately 61 feet across a portion of Official Tax No. 1010106, for a total area of approximately 768.7 square feet. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 15, 2005, and is in full force and effect upon its passage. MFP:ew Sincerely, ~ Mary F. Par'l(er, CMC City Clerk Darlene L. Burcham August 22, 2005 Page 2 pc: William M. Hackworth, City Attorney Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer Richard A. Rife, Chair, City Planning Commission, :~326 Grandin Road, S. W., Roanoke, Virginia 24015 Martha P. Franklin, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of August, 2005. No. 37162-081505. 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 of this ordinance. WHEREAS, the City of Roanoke filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by {}30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held on such application by the City Council on August 15, after due and timely notice thereof as required by {}30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, fi.om all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public fi.om permanently vacating, discontinuing and closing such public fight-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That portion of Salem Avenue, S.W., extending fi.om the western property line of Official Tax No. 1010107 in a westerly direction approximately 61 feet across a portion of Official Tax No. 1010106, for a total area of approximately 768.7 square feet 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 fi.om the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-wayto be vacated in a manner consistent with law, and retaining appropriate easements, together with the right 2 of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in st~ch Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of twelve (12) months fi~om the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. BE IT FINALLY ORDAINED that pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. City Clerk. Architectural Revie*v Board Board of Zoning Appeals Planning Commission CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning @ ci.roanoke.va.us August15,2005 Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Request from the City of Roanoke, represented by Darlene L. Burcham, City Manager, to permanently vacate, discontinue and close a portion of Salem Avenue, S.W., adjacent to parcel bearing Official Tax No. 1010106. Planning Commission Action: Planning Commission public hearing was held on Thursday, July 21, 2005. By a roll call vote of 7-0, the Commission recommended approval of the requested closure. Background: The petitioner has a pending agreement with the owner of Official Tax No. 1010829 to exchange that parcel for Official Tax No. 1010106 and a portion of Official Tax No. 1010107. The petitioner plans to build a parking garage on Official Tax No. 1010829. Mr. Rife said he assumed the petition had been amended due to the Commission's desire to see trees planted in the right-of-way. He also asked staff if the Roanoke Times was planning on using the property as a parking lot. Staff replied that the petition was amended based on the Commission's noted concerns following a tour of the site. Staff could not confirm that the Roanoke Times would eventually use the subject property as a parking lot. Mr. Williams supported Mr. Rife's statement on the desire to see trees planted along Salem Avenue and asked the petitioner if there were plans to do so in the subject portion of right-of-way. The petitioner indicated that he could not speak for the future owner of the property (The Roanoke Times), but that trees had already been planted on 1010106. Mr. Townsend noted that the Roanoke Times was not the petitioner. Considerations: The petitioner's properties and all those on the block are zoned C- 3, Central Business District. The petitioner's property is currently a surface parking lot and a service building. To the east of the petitioner's properties is a surface parking lot. The subject portion of right-of-way is paved and is used for parking. The requested closure will abut the southern edge of the petitioner's property line with the northern edge of the sidewalk. Staff received comments from AEP, Roanoke Gas Company and Verizon all of which had no objection to the closure. Staff received comments from the Western Virginia Water Authority, who stated also stated no objection to the requested closure. The Department of Real Estate Valuation assessed the value of the subject right-of-way as $15 per square foot based on C-3 zoning. Recommendation: By a vote of 7-0, the Planning Commission recommended vacation of the right-of-way at no charge to the petitioner subject to the conditions listed below. The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Said plat shall combine all properties which would otherwise dispose of the land within the right of way to be vacated in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right-of-way, including the right of ingress and egress. Upon meeting all other conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. If the above conditions have not been met within a period of one year from the date of adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary. Respectfully submitted, Richard A. Rife, Chairman Roanoke City Planning Commission CC: Darlene L. Burcham, City Manager Rolanda Russell, Assistant City Manager William M. Hackworth, City Attorney IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: AMENDED APPLICATION OF THE ) CITY OF ROANOKE FOR VACATION ) OF A PORTION OF SALEM ) AVENUE, SW ) MEMBERS OF CITY COUNCIL: AMENDED APPLICATION FOR VACATING, DISCONTINUING AND CLOSING A PORTION OF SALEM AVENUE, SW (1) The City of Roanoke ("Petitioner") applies to have a variable width portion of the right-of-way of a public street adjacent to Tax Parcel 1010106 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 public right-of-way is more particularly described on the .attached map (Exhibit A) and as follows: A portion of the public right-of-way of Salem Avenue, SW, not more than 13 feet wide at any point, extending from the western property line of Tax Parcel 1010107 in a westerly direction approximately 61 feet across a portion of Tax Parcel 1010106, for a total area of approximately 768.7 square feet. The total area will be accurately defined on a plat of survey to be required as a condition of closure. (2) The adjacent property is owned by the City of Roanoke. Closure of this portion of right-of-way will have no adverse effect on any property or owner. (3) A list of the property owners whose lots border or abut the subject street is attached as Exhibit B. WHEREFORE, the City of Roanoke respectfully requests that the above-described right-of-way be permanently vacated, discontinued and closed by the Council of the City of Roanoke in accordance with Sections 15.2-2006, and 15.2-2008, Code of Virginia, (1950), as amended, and Section 30-14, Code of the City of Roanoke (1979), as amended. Date: 7~ ! ~ - /2,~ Re~ctfully~nitted,r City Manag~i LEGEND ~ VICINITY PLAT ~ ...- .rlR£ HYDRANT .mV^TE NORFOLK A VENUE S.W. SALEM A VENUE. S.W. ROANOAE, VIRGINIA Exhibit "B" L ST OF ADJACENT PROPERTY OWNERS Owner Tax Number City of Roanoke City of Roanoke 1010106 1010107 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times MARY F. PARKER CITY OF ROANOKE CLERK'S OFFICE 215 CHURCH AVE SW RM 456 NOEL C. TAYLOR MUNICIPAL BLDG. ROANOKE VA 24011 REFERENCE: 32143302 07151491 NOTICEOFPUBLICHEARIN State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Vi~g~a. Sworn and subscribed before me this $ ~__~tay of August 2005. Witness my hand and ~ seal. PUBLISHED ON: 07/29 08/05 TOTAL COST: FILED ON: 263.12 08/o5/05 Authorized ! /~ ~ Signature: .... ~,~ ,v~, v- ~ ~__~m~%,%/v, , Billing Services Representa'~::ive NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Heating on Monday, August 15, 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 tight-of-way, the following public tight-of-way: That portion of Salem Avenue, S.W., extending from the western property line of Official Tax No. 1010107 in a westerly direction approximately 61 feet across a portion of Official Tax No. 1010106, for a total area of approximately 768.7 square feet. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building. All parties in interest may appear on the above date and be heard on the question. If you are a person with a disability who needs accommodations for this public heating, contact the City Clerk's Office, 853-2541, by Thursday, August 11, 2005. GIVEN under my hand this 27th day of July ., 2005. Mary F. Parker, City Clerk. K ~qOTICEShN-CLOSE ST(SALEM AVE)081505 DOC Notice to Publisher: Publish in the Roanoke Times once on Friday, July 29, 2005 and Friday, August 05, 2005. Send bill and affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virgiaia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ ci.roanoke.va.us July 12, 2005 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk File #5 14 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 amended application which was received in the City Clerk's Office on July 12, 2005, from the City of Roanoke requesting that a portion of the public right-of-way of Salem Avenue, S. W., not more than 13 feet wide at any point, extending from the western property line of Official Tax No. 1010107 in a westerly direction approximately 61 feet across a portion of Official Tax No. 1010106, for a total area of approximately 768.7 square feet, be permanently vacated, discontinued and closed. Mary F. Parker, CMC City Clerk MFP:ew Enclosures pc: The Honorable Mayor and Members of the Roanoke City Council 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 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE CLOSURE REQUEST OF: City of Roanoke for a 13 foot wide portion of Salem Avenue, S.W. COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) ) )AFFIDAVIT The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the previsions 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 21st day of June, 2005, notices of a public hearing to be held on the 21st day of July, 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 2660501 City of Roanoke 1010107 1010113 1010121 1010122 Robert Woody Evelyn Woody Booker 23410akleafDrive Roanoke, VA 24017 Brandon Co.,Inc. P O Box 8844 Roanoke, VA 24014 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 21st day of June, 2005. Notary PO'b~ i(~ Ivly Commission Expires: ./,/- ..T~ .-~'~, MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: {540) 853-2541 Fax: (540) 853-1145 E-mail: clcrk~ci.roanoke.va.us June 7,2005 STEPHANIE M. MOON Dcputy City Clerk SHEILA N. HARTMAN Assistant City Clerk File #514 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 June 2, 2005, from the City of Roanoke requesting that a portion of the public right-of-way of Salem Avenue, S. W., not more than 13 feet wide at any point, extending from Third Street in a westerly direction approximately 608.12 feet, for a total of approximately 7,691 square feet, be permanently vacated, discontinued and closed. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosures pc: The Honorable Mayor and Members of the Roanoke City Council 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: APPLICATION OF THE CITY OF ) ROANOKE FOR VACATION OF A ) PORTION OF SALEM AVENUE, SW ) MEMBERS OF CITY COUNCIL: APPLICATION FOR VACATING, DISCONTINUING AND CLOSING A PORTION OF SALEM AVENUE, SW (1) The City of Roanoke ("Petitioner") applies to have a variable width portion of the right-of-way of a public street adjacent to Tax Parcels 1010106, 1010107, 1010113, 1010115, 1010121, and 1010122, 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 public right-of-way is more particularly described on the attached map (Exhibit A) and as follows: A portion of the public right-of-way of Salem Avenue, SW, not more than 13 feet wide at any point, extending from Third Street, SW, in a westerly direction approximately 608.12 feet, for a total area of approximately 7,691 square feet. The total area will be accurately defined on a plat of survey to be required as a condition of closure. (2) The adjacent property is owned by the City of Roanoke and Robert Woody & Evelyn Woody Booker. Closure of this portion of right-of-way will have no adverse effect on any property or owner. (3) A list of the property owners whose lots border or abut the subject street is attached as Exhibit B. WHEREFORE, the City of Roanoke respectfully requests that the above-described right-of-way be permanently vacated, discontinued and closed by the Council of the City of Roanoke in accordance with Sections 15.2-2006, and 15.2-2008, Code of Virginia, (1950), as amended, and Section 30-14, Code of the City of Roanoke (1979), as amended. Date: R ,~pec~ull~itted, Exhibit "B" LIST OF ADJACENT PROPERTY OWNERS Owner Tax Number City of Roanoke City of Roanoke Robert Woody & Evelyn Woody Booker Robert Woody & Evelyn Woody Booker Robert Woody & Evelyn Woody Booker Brandon Co., Inc. 1010106 1010107 1010113 1010115 1010121 1010122 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Shella N. Hartman Assistant City Clerk August22,2005 File #2-142-166 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 37163-081505 authorizing the City Manager to execute the necessary documents for conveyance of a 0.449 acre parcel of City-owned property known as Parcel l-A, bearing Official Tax No. 1010107, located on Salem Avenue, S. W., to the Times World Corporation in exchange for a 0.422 acre parcel of land located on Campbell Avenue, S. W., bearing Official Tax No. 1010829, for development of a downtown parking garage, upon certain terms and conditions, as more fully set forth in a letter from the City Manager addressed to the Council under date of August 15, 2005. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 15, 2005, and is in full force and effect upon its passage. MFP:ew Sincerely, City Clerk pc: Jesse A. Hall, Director of Finance Philip C. Schirmer, City Engineer IN THECOUNCILOFTHE CITY OF ROANOKE, VIRGINIA, The 15th day of August, 2005. No. 37163-081505. AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of a 0.449 acre parcel of City-owned property known a~ Parcel l- A, bearing Official Tax No. 1010107, located on Salem Avenue, S.W. to the Times World Corporation in exchange for a 0.422 acre parcel bearing Official Tax No.1010829, located on Campbell Avenue, S.W., for 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 August 15, 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 0.449 acre parcel of City-owned property known as Parcel l-A, bearing Official Tax No. 1010107, located on Salem Avenue, S.W., to the Times World Corporation in exchange for a 0.422 acre parcel located on Campbell Avenue, S.W., bearing Official Tax No. 1010829, for development of a downtown parking garage, upon certain terms and conditions and as more particularly described in the City Manager's letter and attachments thereto, to this Council dated August 15, 2005. 2. All documents necessary for this conveyance shall be in form approved by the City Attorney. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. City Clerk. CITY OF ROANOKE OFFICE OF THE C1TY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 Cit~Web: www.roanokegov.com August 15, 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 PropertyTo Roanoke Times - Portion of Tax No. 1010107 (Parcel l-A) The City owns property located on Salem Avenue, SW, which is currently used for parking of official vehicles. The City desires to convey a portion of the parcel to the Roanoke Times in exchange for a parcel located on Campbell Avenue, SW, containing approximately 0.422 acres, identified by Tax No. 1010829. This parcel will be used for the future development of a downtown Barking garage. To create a comparable parcel, the City of Roanoke property as been subdivided into two parcels designated as Parcel I-A and Parcel I-B as shown on the plat prepared by ACS Design (Attachment #1). The City desires to convey Parcel l-A, containing approximately 0.449 acres to the Roanoke Times and will retain Parcel I-B. Recommended Action(s): Following a public hearing, authorize the City Manager to execute a deed of exchange to convey the property designated as Parcel I-A to the Roanoke Times, in exchange for the parcel identified by Tax No1010829 (Attachment #2). Such documents shall be approved as to form by the City Attorney. D~rlene L. Bu/rcham C~ty Manag~ 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 #CM05-00099 Attachment #1 Property to be Conveyed (Parcel 1 -A) Attachment #2 Property to be Acquired ACS ~i DESIGN CITY OF ROANOKE CAMPBELL 4 VENUE WEST The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times MARY F. PARKER CITY OF ROANOKE CLERK'S OFFICE 215 CHURCH AVE SW RM 456 NOEL C. TAYLOR MUNICIPAL BLDG. ROANOKE VA 24011 REFERENCE: 32143302 07149911 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~i~a. Sworn and subscribed before me this __$~Iday of August 2005. Witness my hand and off£cial seal. My/c~mmiss~o~n ex~iCs ~~ ...... U___' PUBLISHED ON: 08/05 NO11CE OF PggUC ~EAmNG The City of Roanoke garage. Code of ~Tr~lnlm (1950), as TOTAL COST: 192.28 FILED ON: 08/05/05 Authorized Signature: .... Billing Services Representative NOTICE OF PUBLIC HEARING The City of Roanoke proposes to convey certain City-owned property to the Times World Corporation, such property located on Salem Avenue, S.W., designated as Tax Map No. 1010107, containing 0.449 acres, more particularly defined as Parcel 1-A on the plat entitled "Plat of Subdivision and Combination Made for City of Roanoke, Showing the Resubdivision of Lot 5, Block 4, Official Survey SW 7, (0.21 Acre) and Parcel 1 (0.57 Acre) Creating Hereon Parcel 1-A (0.45 acre) and Parcel 1-B (0.33 acre) Situate on Salem Avenue and Norfolk Avenue," a copy of which is on file in the Office of the City Clerk, in exchange for certain property owned by the Times World Corporation located on Campbell Avenue, S.W., and designated as Tax Map No. 1010829, containing 0.422 acres, in connection with the future development of a downtown parking garage. 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 heating on the above matter at its regular meeting to be held on Monday, August 15, 2005, Chamb th commencing at 7:00 p.m., in the Council ers, 4 Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. Further information is available from the Office of the City Clerk for the City of Roanoke at (540) 853-2541. Citizens shall have the opportunity to be heard and express their opinions on said matter. If you are a person with a disability who needs accommodations for this heating, please contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday, August 11, 2005. GIVEN under my hand this 2nd day of August ,2005. Mary F. Parker, City Clerk. K:LNOTICES~N-ph-Roanoke Times swap 081505.doc Notice to Publisher: Publish in the Roanoke Times once on Friday, August 5, 2005. Send bill and affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 CITY OF ROANOKE OFFICE oF THE 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 August1,2005 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 Times Portion of Tax #1010107 Pursuant to the requirements of the Virginia Code, the City of Roanoke is required to hold a public hearing on the proposed conveyance of property rights. This is to request that a public hearing be advertised on the above matter for Council's regular meeting to be held on Monday, August 15, 2005. A full report will be included in the August 15, 2005, agenda material for your consideration. Respectfully submitted, City Manager// DLB/SEF C: William M. Hackworth, City Attorney Mary F. Parker, City Clerk Jesse A. Hall, Director of Finance Sarah E. Fitton, Engineering Coordinator orr.or o?or Office of the C,ty Clerk Mary F. Parker, CMC City Clerk August22,2005 Stephanle M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk File #166-221-544 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 37164-081505 authorizing the City Manager to enter into an agreement with Carillon Biomedical Institute for the lease of approximately 6,800 square feet of office space located at the Church Avenue Parking Garage, 111-117 Church Avenue, S. W., for a period of one year, beginning September 1, 2005 through August 31, 2006, upon certain terms and conditions as more fully set forth in a letter from the City Manager addressed to the Council under date of August 15, 2005. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 15, 2005, and is in full force and effect upon its passage. Sincerely, Marg F. Parker, CMC City Clerk MFP:ew Attachment Darlene L. Burcham August 22, 2005 Page 2 pc: Briggs W. Andrews, General Counsel, Carillon Health System, P. O. Box 40032, Roanoke, Virginia 40022-0032 Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget Dana D. Long, Manager, Billings and Collections R. Brian Townsend, Acting Director, Economic Development Lisa Poindexter-Plaia, Economic Development Specialist 0© Ex; THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of August, 2005. No. 3716f,-081505. AN ORDINANCE authorizing the City Manager to enter into an agreement with Carilion Biomedical Institute for the lease of approximately 6,800 square feet of office space located at the Church Avenue Parking Garage, 111-117 Church Avenue, for a period of one year, beginning September 1, 2005, through August 31, 2006, upon certain terms and conditions; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on August 151 2005, pursuant to §§15.2-1800(B) and 1813, Code of Virginia (1950), as amended, at which heating all parties in interest and citizens were afforded an opportunity to be heard on the proposed lease. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, in a form approved by the City Attorney, an agreement with Carilion Biomedical Institute ("CBI"), for the lease of approximately 6,800 square feet of office space at the Church Avenue Parking Garage, at 111-117 Church Avenue, for a period of one year, beginning September 1, 2005, through August 31, 2006, at rate of $7.50 per square foot, including parking permits in the Church Avenue Parking Garage to be available tO CBI employees at the rate of $29.00 per month, upon certain terms and conditions, and as more particularly described in the City Manager's letter to this Council dated August 15, 2005. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. City Cle~k:~'' 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 August 15, 2005 Honorable Honorable Honorable Honorable Honorable Honorable Honorable C. Nelson Harris, Mayor Beverly T. Fitzpatrick, Jr., Vice Mayor M. Rupert Cutler, Council Member Alfred T. Dowe, Jr., Council Member Sherman P. Lea, Council Member Brenda L. McDaniel, Council Member Brian J. Wishneff, Council Member Dear Mayor Harris and Members of Council: Subject: Church Avenue Garage Lease Background: Ordinance No. 35041-090500 on September 5, 2000, authorized the Carilion Biomedical Institute (CBI) lease of 6,800 square feet of office space in the Church Avenue Garage located at 111 to 117 Church Avenue. CBI has leased this location since September 2000. The current lease agreement expires August 31, 2005. CBI has requested a new lease agreement with similar terms and conditions. The previous lease had a one (1) year term with the option for four (4) annual renewals at an annual lease rate of $1.00. The proposed lease agreement is for a one (1) year period, beginning September 1,2005, through August 31,2006 at $7.50 per square foot. Parking permits for CBI employees will be at $29.00 per permit per month for up to thirty (30) permits provided vacancies are available. There are no renewal options for this lease. It is anticipated that at the end of this one-year term, CBI will be in a position to move to its new location in the first phase of the Riverside Center for Research and technology in the South Jefferson Redevelopment Area. Recommended Action: Authorize the City Manager to execute a lease agreement with Carilion Biomedical Institute (CBI) for approximately 6,800 square feet in the Church Avenue Garage located at 111 to 117 Church Avenue, Roanoke, Virginia for a Honorable Mayor and Members of Council August 15, 2005 Page 2 period of one (1) year, beginning September 1, 2005, and expiring August 31, 2006. All documents shall be upon form approved by the City Attorney. Respectfully submitted, City Manager DLB:Ipp c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Dana Long, Manager of Billings and Collections Brian Townsend, Acting Director of Economic Development Sherman Stovall, Director of Management and Budget David Collins, Assistant City Attorney Lisa Poindexter-Plaia, Economic Development Specialist CM05-00116 LEASE AGREEMENT THIS LEASE AGREEMENT (ALease@ or 3.Lease Agreement@), is dated this __ day of , 2005, by and between the CITY OF ROANOKE, VIRGINIA, a municipal corporation organized and existing under the laws of the Commonwealth of Virginia (ACity@ or ALessor0), and the CARILION BIOMEDICAL INSTITUTE (3,CBI@ or ALesseeO). WITNESSETH: WHEREAS, CBI has agreed to be a major occupant of an anticipated redevelopment area in the City of Roanoke along South Jefferson Street between Roanoke Memorial Hospital and Community Hospital should such area be designated a redevelopment area (APrqject Area@); and WHEREAS, on May 17, 2000, City Council authorized the City Manager to enter into agreements for the possible establishment of a research and technology park in such redevelopment area to be known as the Riverside Centre for Research and Technology; and WHEREAS, CBI has agreed to make substantial investments in developing a biomedical institute for biomedical businesses within the Project Area which will result in the construction of buildings, creation of jobs, and the generation of substantial tax revenues for the City; and WHEREAS, CBI requires administrative office and laboratory space for the biomedical institute, and currently needs temporary space for such purposes, until permanent space may become available in the Project Area; and WHEREAS, the City leased certain space to CBI in 2000 for a one year term subject to four additional extensions of one year each, for the above purposes and to make parking permits available to CBI for those persons working at such location WHEREAS, the aforementioned lease agreement and all of its renewals terms have expired and both parties desire to enter into a new lease agreement. NOW THEREFORE, in consideration of the terms, conditions, covenants, promises and agreements contained herein made, the parties mutually agree as follows: SECTION 1. DESCRIPTION OF PREMISES: Lessor, in consideration of the rents and covenants to be paid by Lessee, does hereby lease to Lessee, and Lessee leases from Lessor, the following described premises located at 111 to 117 Church Street, S.W., Roanoke, VA., 24011, containing 6,800 square feet and designated as a portion of Roanoke Tax Map No. 1011615B (3.Premises@), and as marked on the attached Exhibit A, which is incorporated and made part of this Lease Agreement. SECTION 2. TERM: The Premises are leased to Lessee for a period of one (1) year, beginning on the first day of September, 2005, commencing at 12:01 a.m. and expiring at 11:59 p.m. on August 31, 2006. SECTION 3. RENT: LESSEE covenants to pay Lessor SEVEN AND 50/DOLLARS per square foot of leased property for a total annual sum of FIFtY-ONE THOUSAND DOLLARS ($51,000.00) to be paid monthly in the sum of FOUR THOUSAND TWO HUNDRED FIFTY AND NO/DOLLARS ($4,250.00) as rent which amount shall be due and payable on the first day of each month. Lessee further acknowledges and agrees that if the Project Area is not designated as a redevelopment area or if redevelopment of the Project Area does not take place, Lessee shall pay Lessor the prevailing market rate for the Lease of the Premises from the date written notice is received by the Lessee from Lessor of either of those events. Lessee further agrees that if redevelopment by CBI in the Project Area does not take place due to the fault of Lessee, or if Lessee does not develop the biomedical institute, Lessee shall retroactively pay Lessor the market rate for the Premises on a retroactive basis from September 1, 2000, or such other starting date of the Initial Term. For purposes of determining the market rate, Lessor and Lessee both agree to select an independent real estate appraiser and those two appraisers will select a third independent appraiser. The market rate for each year of the Term will be determined by the majority opinion of the three appraisers. The parties agree to share equally the cost and expenses of the three appraisers and the procedure. In the event that Tenant shall not immediately surrender the Premises on the date of expiration of the term hereof, the Lease shall automatically renew itself month to month, at twice the highest Base Rent rate plus all other charges accruing under this lease, and subject to all covenants, provisions and conditions herein contained. Landlord and tenant shall both have the right to terminate the holdover tenancy upon thirty (30) days written notice. Tenant shall not interpose any counterclaim(s) in a summary proceeding or other action based on holdover. SECTION 5. PURPOSE AND USE OF PREMISES: The Premises are leased to be used and occupied by CBI, it agents and employees, for use as office and laboratory space and for such other purposes and uses the parties may otherwise mutually agree in writing. Lessee shall not use the Premises for any unlawful or offensive business purpose or so as to constitute a nuisance. SECTION 6. DELIVERY OF POSSESSION: Lessor covenants to deliver the Premises to Lessee at the commencement of the Initial Term in good repair and condition, suitable to the purpose and use for which the Premises are leased. Lessor warrants that all plumbing, heating, air conditioning, electrical and mechanical devices and appliances of every kind and or nature located upon or serving the Premises are, or will be, in good repair, condition and working order as of the commencement of the Initial Term. 3 SECTION 7. MAINTENANCE AND REPAIR: A. Lessor covenants to keep, repair and maintain, at Lessor=s expense, the Promises and all plumbing, heating, air conditioning, electrical mechanical devices, appliances and equipment of every kind or nature located upon or serving the Premises in good repair, condition and working order, suitable to the purpose and use for which Lessee has leased same, during the term of this Lease, for any and all damage not necessitated by the fault of Lessee, and, if necessary, shall make such alterations, additions, and/or modifications of the Premises and all equipment, electrical and mechanical devices and appliances therein or serving same so as to comply at all times with all applicable federal, state and local laws, ordinances, rules and regulations pertaining to health, safety, fire and public welfare. As used herein the word s~repair@ shall be deemed to mean and include replacement of broken or cracked glass. B. Lessee agrees to take good care of the Premises, fixtures, and appurtenances and suffer no waste or injury thereto, and agrees that it will pay for all repairs to the Premises, fixtures and appurtenances necessitated by the fault of Lessee, its employees, agents, customers, or guests. At the end of the Term, Lessee will surrender the Premises in as good condition as Lessee obtained the same at the commencement of the Term, reasonable wear and tear excepted. C. Lessor shall not be liable for damage to either the person or property of the Lessee nor its employees, agents or invitees nor for the loss of or damage to any property of the Lessee by theft or from any other cause. D. If 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 located upon or serving the Premises in good repair, condition, and working order as provided in 4 Section 7(A), then Lessee, at its option, may either (1) immediately terminate this Lease and all obligations hereunder, or (2) after 10 days written notice to Lessor proceed to make, or cause to be made, such upkeep, repair and/or maintenance, at Lessor=s expense, so as to render the Premises suitable for the purpose and use for which same are leased, in which event, Lessee may deduct the cost of same from futura rent installments as they become due and/or may collect such cost from Lessor in any manner provided by law. SECTION 8. PARKING PERMITS: A. Lessor hereby agrees to sell Lessee, and Lessee agree to purchase, only during the time this Lease Agreement is in effect, up to thirty (30) parking permits to be used at the Church Avenue Parking Garage. Lessor and Lessee agree and acknowledge that Lessee, on 30 days written notice to Lessor, may purchase permits on an as needed basis, provided that vacancies for the permits exist. CBI agrees and acknowledges that the parking permits that it shall receive under this Lease Agreement do not provide any right or interest in any specific parking space within the garage for which the parking permit is issued. The parking permits only provide the right to park a vehicle in the garage for which the permit is issued and the permits to be provided under this Lease Agreement will be for the Church Avenue Parking Garage. Lessee agrees to pay TWENTY NINE DOLLARS AND NO CENTS ($29.00) per month per parking permit for CBI officers or employees only. Such payment shall be remitted by Lessee in a single payment per month to City of Roanoke Parking, or such other designee as Lessor may designate in writing to Lessee, in accordance with such designee=s rules and regulations pertaining to payment of parking permits. C. The parking permits will be subject to any applicable rules and regulations applicable to other parking permits issued for the Church Avenue Parking Garage. Furthermore, CBI agrees that it and any of its officers or employees who may use the parking permits will abide by and be subject to the Rules and Procedures for monthly users of the garage to which the particular permit applies, including, but not limited to, any card deposits or charges of lost cards, display of visor tags, any limitation on liability, and the signing of a permit agreement by each user of a permit. D. In the event redevelopment does not take place, or if the Project Area is not designated a redevelopment area, Lessee shall pay Lessor the market rate for the years for the permits from the date written notice is received by the Lessee from Lessor of either of those events. Lessee further agrees that if redevelopment by CBI in the Project Area does not take place due to the fault of Lessee, or if Lessee does not develop the biomedical institute, Lessee shall retroactively pay Lessor the market rate for the parking permits on a retroactive basis from September 1, 2000, or such other starting date of the Initial Term. E. Lessor shall have no liability of responsibility of any type to CBI or its employees, officers, or agents for any failure to provide parking spaces for any of the parking permits it provides under this Lease that may be due to causes beyond Lessor=s control, including, but not limited to, accidents, acts of God, weather, failure of equipment, strikes, lockouts, damage to the parking facility, or any orders or regulations of any federal, state, or local government body. SECTION 9. ALTERATIONS BY LESSEE: Lessee, having first obtained written approval of Lessor, may make such alterations, modifications, additions and/or improvements upon or to the Premises and may install or remove such fixtures and partitions as Lessee may deem proper, provided, however, that any structural alteration of the roof, foundation or exterior walls shall require the written consent of Lessor. All material used in such alterations, modifications, additions or improvements, and all fixtures and partitions made and/or installed by Lessee shall remain the property of Lessee and, upon termination of this Lease, may, at Lessee's option, be removed, on the condition that the Premises will be restored to their original condition if such removal causes damage to the Premises. Materials which are affixed to the Premises shall become the property of Lessor upon termination of this Lease or any renewal thereof. SECTION 10. UTILITIES: Lessee covenants and agrees to pay and be responsible for the following utilities to service the Premises as follows: water, sewage, garbage, heat, telephone and telephone wiring. Lessee covenants and agrees to pay and be responsible for electricity to the Premises. Lessee covenants and agrees to provide janitorial service and supplies. Lessor shall be responsible for maintenance and repairs to the heating and air conditioning systems, exterior and routine maintenance of both interior and exterior. In the event that Lessor fails to repair or cure such defects within thirty (30) days, of receipt of written notice from Lessee, then Lessee, at its option, may either (1) immediately terminate this Lease and all obligations hereunder, or (2) after 10 days written notice to Lessor proceed to make, or cause to be made, such upkeep, repair and/or maintenance, at Lessor=s expense, so as to render the Premises suitable for the purpose and use for which same are leased, in which event, Lessee may deduct the cost of same from future rent installments as they become due and/or may collect such cost from Lessor in any manner provided by law. SECTION 11. INSURANCE: A. Lessee shall, at its sole expense, obtain and maintain during the life of this Lease Agreement, the insurance policies required by this Section. Any required insurance policies shall be effective prior to the beginning date of this Lease Agreement. The following policies and coverages am required: (1) Commercial General Liability. Commercial General Liability insurance, written on an occurrence basis, shall insure against all claims, loss, cost, damage, expense or liability from loss of life or damage or injury to persons or property arising out of the Lessee's actions under this Lease Agreement. The minimum limits of liability for this coverage shall be $1,000,000 combined single limit for any one occurrence. (2) Contractual Liability. Broad form Contractual Liability insurance shall include the indemnification obligation set forth in Section 13 of this Lease. (3) Lessee=s insurance. Lessee shall, at its sole cost and expense, obtain and maintain during the life of this Lease Agreement a properly insurance policy written on an "all risk" basis insuring all of Lessee=s personal properly, including, but not limited to, equipment, furniture, fixtures, furnishings, and leasehold improvements which are Lessee=s responsibility, for not less than full replacement cost of such property. All proceeds of such insurance shall be used to repair or replace Lessee=s properly. (4) Workers' Compensation. Workers' Compensation insurance covering Lessee's statutory obligation under the laws of the Commonwealth of Virginia and Employer's Liability insurance shall be maintained for all its employees engaged in work on the Leased Premises. Minimum limits of liability for Employer's Liability shall be $100,000 bodily injury by accident each occurrence; $500,000 bodily injury by disease (policy limit); and $100,000 bodily injury by disease (each employee). With respect to Workers' Compensation coverage, the Lessee's insurance company shall waive rights of subrogation against the City, its officers, employees, agents, volunteers and representatives. B. The insurance coverages and amounts set forth in subsections (1), (2), (3) and (4) of this Section may be met by an umbrella liability policy following the form of the underlying primary coverage in a minimum amount of $1,000,000. Should an umbrella liability insurance coverage policy be used, such coverage shall be accompanied by a certificate of endorsement stating that it applies to the specific policy numbers indicated for the insurance providing the coverages required by subsections (1), (2), (3), and (4) and it is further agreed that such statement shall be made 8 a part of the certificate of insurance furnished by Lessee to the City. C. All insurance shall meet the following requirements: Lessee shall furnish the City a certificate or certificates of insurance showing the type, amount, effective dates and date of expiration of the policies. Certificates of insurance shall include any insurance deductibles. (2) The required certificate or certificates of insurance shall include substantially the following statement: "The insurance covered by this certificate shall not be canceled or materially altered, except after thirty (30) days written notice has been received by the Risk Management Officer for the City of Roanoke." (3) The required certificate or certificates of insurance shall name the City of Roanoke, its officers, employees, agents, volunteers and representatives as additional insureds except as to coverage under Section 1 l(A)(4). (4) Where waiver of subrogation is required with respect to any policy of insurance required under this Section, such waiver shall be specified on the certificate of insurance. (5) Insurance coverage shall be in a form and with an insurance company approved by the City which approval shall not be unreasonably withheld. Any insurance company providing coverage under this Lease Agreement shall be authorized to do business in the Commonwealth of Virginia. SECTION 12. SUBLEASING AND ASSIGNMENT: Lessee may not assign its rights under this Lease or sublet the whole or any part of the Premises, without the prior written consent of the Lessor, which consent shall not be unreasonably withheld. Regardless of Lessor=s consent, no subletting or assignment shall release Lessee or alter the primary liability of Lessee to pay the rent and to perform all other obligations to be performed by Lessee hereunder. 9 SECTION 13. INDEMNIFICATION BY LESSEE: Lessee agrees to pay and to protect, indemnify and save harmless the Lessor, its officers, agents, and employees from and against any and all liabilities, damages, costs, expenses, causes of action, suits, claims, demands, or judgments of any nature whatsoever, including, without limitation, reasonable attomey=s fees, arising from injury to or death of persons or damages to property resulting from Lessee=s leasing of or use in any way of the Premises. SECTION 14. DAMAGE OR DESTRUCTION OF PREMISES: A. If the Premises are damaged by fire or other casualty so as to render same~ in the opinion of Lessee, untenantable for the purpose or use for which Lessee has leased same, this Lease, and all obligations hereunder, shall immediately terminate upon Lessee=s giving notice of that fact to Lessor by certified or registered mail, return receipt requested, as hereinafter provided. B. If the Premises are damaged by fire or other casualty, but not, so as to render same untenantable, in the opinion of Lessee, for the purpose or use for which Lessee has leased the Premises, upon being so notified by Lessee by certified or registered mail, return receipt requested, Lessor, to the extent Lessor receives any insurance payments for such damages, shall repair and restore within a reasonable time, at Lessor=s expense, the Premises to its former condition. As used herein, the words "repair" and "restore" shall be deemed to mean and include replacement of broken, cracked or damaged glass or windows. C. If Lessor fails to make or fails to complete repair and restoration of the Premises within a reasonable time after Lessee provides notice pursuant to Section 14(B) 10 then Lessee, at its option, may either (a) immediately terminate this Lease and all obligations hereunder, or (b) proceed to make, or cause to be made, such repair and restoration, at Lessor=s expense, in which event, Lessee may deduct the cost of same from future rent installments as they become due and/or may collect the reasonable cost from Lessor in any manner provided by law. SECTION 15. INSPECTION OF PREMISES: The Lessor or Lessor=s agent shall have free access during normal business hours to the Premises for the purpose of inspection and making repairs. Lessor shall have the right to show space to prospective tenants during the last three months of the original term or any extensions or renewals thereof. SECTION 16. TERMINATION: A. This Lease and any Renewal Term of this Lease may be terminated by either party only upon written notice to the other party by certified or registered mail, return receipt requested, at least three (3) months prior to the expiration of this Lease; otherwise, this Lease shall renew and continue as provided in Section 4. B. Notwithstanding any provision in this Lease to the contrary, the happening of any of the following events shall constitute a default which shall entitle Lessor, in addition to other rights and remedies it may have, to an immediate right to re-entry without service or notice or resort to legal procedures and without Lessor being guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby. Such default events are: (a) redevelopment in the Project Area due to the fault of Lessee does not take place or failure of the Project Area to be designated a redevelopment area; (b) vacation of the Premises by Lessee; (c) the filing by, or on behalf of or against Lessee of any petition to or pleading to 11 declare Lessee insolvent or unable to pay its debts or meet its obligations under the laws of the United States or any state or a receiver of the property of Lessee is appointed; or the levy of execution of other taking of property, assets, or the leasehold interest of the Lessee; or (d) failure of Lessee to perform any of the terms, conditions, or covenants of this Lease for more than thirty (30) days after written notice of such failure shall have been given to Lessee. C. Should Lessor elect to re-enter as herein in Section 16, or should Lessor take possession pursuant to legal proceedings or pursuant to any provisions under law, Lessor may terminate this Lease. SECTION 17. NOTICE: A. Any and all notices affecting this Lease may be served by the Parties hereto, or by their duly authorized agents, as effectively as if same were served by any officer authorized by law to serve such notices. The return of such party, or its duly authorized agent, showing the time, place and manner of service of such notice shall have the same force and effect in any legal proceedings based therein as a return of service by any officer authorized by law to serve such notice. B. All notices required by law to be served upon, and all notices permitted by this Lease to be mailed to, a party of this Lease shall be served upon or mailed to, as the case may be, the following agents for each party who are hereby appointed and designated as such for the purpose of receiving all such notices: To Lessor: City Manager City of Roanoke 364Municipal Building 215 Church Avenue Roanoke, Virginia 24011 (w/copy to Director of Economic Development, 111 Franklin Plaza Suite 200, Roanoke, Virginia 24011) 12 To Lessee: William Merkt Carilion Biomedical Institute 111 Church Avenue, S.W. Roanoke, Virginia 24011. Each party shall immediately notify the other party, in writing, of any change of agents, and no change of agents shall be effective until such notice is given. Where, under the terms of this lease, a notice is required or permitted to be mailed by certified or registered mail. return receipt requested, and such notice is not mailed in such manner, the notice shall be effective if actually received by the party, or its appointed agent, to whom the notice is directed. SECTION 18. BINDING UPON SUCCESSORS: This Lease shall be binding upon the heirs, successors in interest and assigns of the parties hereto. SECTION 19. COMPLIANCE: 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, Country or State having jurisdiction over the Premises, and with all laws, ordinances and regulations of governmental authorities wherein the Premises are located. SECTION 20. MODIFICATION: This Lease shall not be modified, altered or amended except by written agreement executed by the parties hereto with the same formality as this Lease. SECTION 21. SECTION HEADINGS: 13 Headings to the Sections are mere catchwords and are illustrative only; they do not form a part of this Lease nor are they intended to be used in construing same. SECTION 22. ENVIRONMENTAL: Lessor represents that it has no knowledge of the presence of nonencapsulated friable asbestos or other hazardous materials in the demised premises. SECTION 23. ACCESSIBILITY BY TIlE HANDICAPPED: A. Prior to 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 g-the standards@ shall mean and incorporate those standards issued or promulgated by the American National Standards Institute, entitled g. American National Standard Specifications for Making Buildings and Facilities Accessible to and usable by Physically Handicapped People,@ ANSI-All7.1-1980, and the term ~xaccessible@ shall mean accessible to physically handicapped and aged individuals in accordance with the standards. The minimum requirements are: (1) If public or private parking is provided, at least one accessible parking space shall be provided as close as possible to the primary building entrance. (2) Walks used as accessible routes to the building shall comply with the standards. (3) An accessible primary entrance to the building shall be at grade or ramped to grade in accordance with the standards. (4) An accessible entrance to the building shall comply with the standards. (5) At least one accessible route (corridors and doors) to the demised premises shall comply with the standards. 14 (6) If support areas within the building (e.g.. lunchrooms, cafeteria, etc.) Are used by Lessee, its employees or the public, such areas shall be accessible. (7) If Lessee occupies floors other than the main floor of access to the building, at least one accessible elevator shall be provided. (8) Accessible public restrooms for each sex shall be provided, preferably on all floors. At a minimum, accessible restrooms shall be provided on the ground floor or the floor occupied by the Lessee if the building is four stories or less in height. If Lessee occupies an area above the fourth floor, accessible public restrooms for each sex shall be provided on the floor occupied by the Lessee. If Lessee occupies more than one floor, at least one accessible public restroom for each sex shall be provided on at least every fourth floor occupied by Lessee. (9) All corridors, doors, and spaces in or about the demised premises and used by the public or employees of Lessee shall be accessible. (10) Directional signs complying with the standards shall be provided directing the public to the Premises occupied by the Lessee. (11) 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. SECTION 24. ENTIRE AGREEMENT: This written Lease constitutes the entire, full and complete understanding and agreement of the parties, and all representations, conditions, statements, warranties, covenants, promises or agreements previously made or given by either party to the other are hereby expressly merged into this written Lease and shall be null, void and without legal effect. This Lease shall not be effective or binding unless and until signed by both parties IN WITNESS WHEREOF, the parties have affixed their signatures and seals.: 15 CITY OF ROANOKE (ALESSOR@) ATTEST: Mary F. Parker, City Clerk By Darlene L. Burcham, City Manager _(SEAL) CARILION BIOMEDICAL INSTITUTE (~LESSEE@) By _(SEAL) Title: APPROVED AS TO FUNDS AVAILABLE APPROVED AS TO FORM Director of Finance Account No. Assistant City Attorney APPROVED AS TO EXECUTION Assistant City Attorney The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times .................................................. + ........................ MARY F. PARKER CITY OF ROANOKE CLERK'S OFFICE 215 CHURCH AVE SW RM 456 NOEL C. TAYLOR MUNICIPAL BLDG. ROANOKE VA 24011 REFERENCE: 32143302 07275139 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/~ounty of Roanoke, Commonwealth/State of Virg%~ia. Sworn and subscribed before me this _]_~_%~__day of August 2005. Witness my hand and official seal. ' PUBLISHED ON: 08/05 TOTAL COST: FILED ON: 131.56 08/05/05 The City of Roanoke proposes to lease 6,800 located at 111-117 Church Avenue, S,W,, to Carillon Biomedical hlstltute (CBI), Pursuant to the §§15.2-1800(B) and ~813 Code of ¥1r~lnl~ (1950 as amendad, notice la hereby given that the ~lty Council et Billing Services Represent a~.~ve NOTICE OF PUBLIC HEARING The City of Roanoke proposes to lease 6,800 square feet of office space located at 111-117 Church Avenue, S.W., to Car/lion Biomedical Institute (CBI), for a one (1) year term. 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 August 15, 2005, commencing at 7:00 p.m., in the Council Chambers of the Noel C. Taylor Municipal Building, located at 215 Church Avenue, S.W., Roanoke, Virginia 24011. 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 heating, please contact the City Clerk's Office (853-2541), before 12:00 noon on Thursday, August 11, 2005. GIVEN under my hand this 3rd day of August 2005. Mary F. Parker, City Clerk. K \NOTICES\N PH CARILION BIOMED 081505 WPD Notice to Publisher: Publish in the Roanoke Times once on Friday, August 5, 2005. Send bill and affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING COMMISSION TO WHOM IT MAY CONCERN: The City of Roanoke Planning Commission will hold a public hearing on Thursday, August 18, 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 Carillon Medical Center that Whitmore Avenue, S.W,, lying west of Jefferson Street, S.W., be permanently vacated, discontinued and closed. A copy of the said application is available for review in the Department of Planning Building and Development, Room 166, Noel C. Taylor Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person who needs accommodations for this hearing, please contact the Department of Planning Building and Development at 853-1730 before 12:00 noon on the Monday before the date of the hearing listed above. Martha P. Franklin, Secretary City of Roanoke Planning Commission Please bill: Briggs W. Andrews, General Counsel Carillon Health System P O Box 40032 Roanoke, VA 24022-0032 (540) 224-5062 Please send affidavit of publication to: Martha P. Franklin, Secretary City Planning Commission Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-6874 CITY OF ROANOKE OFFICE oF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com July 18, 2005 Honorable Honorable Honorable Honorable Honorable Honorable Honorable C. Nelson Harris, Mayor Beverly T. Fitzpatrick, Jr., Vice Mayor M. Rupert Cutler, Council Member Alfred T. Dowe, Jr., Council Member Sherman P. Lea, Council Member Brenda L. McDaniel, Council Member Brian J. Wishneff, Council Member Dear Mayor Harris and Members of Council: Subject: Request to Schedule a Public Hearing Background: The Carilion Biomedical Institute (CBI) has leased space at 111 to 117 Church Avenue, S.W. since September 2000. The City proposes to enter into a new lease with CBI for approximate 6,800 rentable square feet at Church Avenue. The lease term requested is for a one-year period ending on August 31, 2006. A public hearing is required to consider this lease term. Recommended Action: Authorize the scheduling and advertising of this matter for a public hearing on August 15, 2005. Re~,:ctfully s ~_~tte d, Darlene L. 8u~ham City Manager~ DLB:Ipp C: Mary F. Parker, City Clerk Jesse A. Hall, Director of Finance William M. Hackworth, City Attorney ClTYOFRO_4NOKE Office of the City Clerk Mary F. Parker, CMC City Clerk August22,2005 Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk File #28-29 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 37165-081505 authorizing the City Manager to grant an above-ground 40 foot wide by 310 foot long easement on City-owned property, identified as Official Tax No. 4250102R and 4250105R, to Appalachian Power Company for the purpose of relocating existing overhead power lines and related facilities, in connection with the Roanoke River Flood Reduction Project, upon certain terms and conditions as more fully set forth in a letter from the City Manager addressed to the Council under date of August 15, 2005. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 15, 2005, and is in full force and effect upon its passage. Mary F. Parker, CMC City Clerk MFP:ew Attach me nt Darlene L. Burcham August 22, 2005 Page 2 pc: Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget Philip C. Schirmer, City Engineer Sarah E. Fitton, Engineering Coordinator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of August, 2005. No. 37165-081505. AN ORDINANCE authorizing the granting of an above-ground forty-foot (40') wide by three hundred ten foot (310') long easement on City-owned property, identified by Official Tax Nos. 4250102R and 4250105R, to Appalachian Power Company dgo/a American Electric Power ("AEP"), for the purpose of relocating existing overhead power lines and related facilities in connection with the Roanoke River Flood Reduction Project, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. WHEREAS, a public hearing was held on August 15, 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 such conveyance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and City Clerk are hereby authorized to execute and attest, respectively, in a form approved by the City Attorney, the necessary document granting an above- ground forty foot (40') wide by three hundred ten foot (310') long easement on City-owned property, identified by Official Tax Nos. 4250102R and 4250105R, to Appalachian Power Company d/b/a American Electric Power, for the purpose of relocating existing overhead power lines and related facilities in connection with the Roanoke River Flood Reduction Project, upon certain terms and conditions, as more fully described in a letter of the City Manager to City Council dated August 15, 2005. 2. ordinance by title is hereby dispensed with. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this CityClerk. 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 August15,2005 Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Request of Appalachian Power Company for Easement on City Owned Property - #4250102R and 4250105R Appalachian Power Company has requested a 40' x 310' easement across city owned property identified by Tax Map Nos. 4250102R and 4250105R, which are located along the Roanoke River near the intersection of Bennington Street and Riverland Road. The easement is needed to relocate an existing overhead power line and related facilities, as described in the attached Agreement, and shown on Drawing No. V-1596. See Attachments #1 & #2. These facilities are being relocated in connection with the Roanoke River Flood Reduction Project. Recommended Action(s): Following a public hearing, authorize the City Manager to execute the appropriate documents granting an above-ground utility easement as described above to Appalachian Power Company, approved as to form by the City Attorney. Respectfully submitted, Darlene L. Burclqam City Manager DLB/SEF Attachments C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sarah E. Fitton, Engineering Coordinator CM05-00114 A'I-I'ACH M ENT #1 MAP NO. 3780-278-D4 W.O. NO. W001147601 PROPERTY NO. 1 JOB NO. 051017070 EAS NO. THIS AGREEMENT, made this __ day of ., 2005, by and between the CITY OF ROANOKE, a municipal corporation existing under the laws of the Commonwealth of Virginia, herein called "GRANTOR," and APPALACHIAN POWER COMPANY, a Virginia corporation, herein called "APPALACHIAN." WITNESSETH: THAT FOR AND IN CONSIDERATION of the sum of ONE DOLLAR ($1.00), the receipt of which is hereby acknowledged, the GRANTOR hereby gives license and permit to APPALACHIAN, its successors and assigns, and the right, privilege and authority to said APPALACHIAN, its successors and assigns, to construct, erect, operate, and maintain a line or lines for the purpose of transmitting electric power overhead on the property of the City of Roanoke, further identified as Roanoke City Tax Parcel numbers 4250102R and 4250105R in the City of Roanoke, Virginia. BEING a right of way and easement, in, on, along, through, across or under said lands for the relocation of facilities to accommodate the Roanoke River Flood Reduction Plan, as shown on that certain Appalachian Power Company Drawing V-1596, dated 7-7-05, entitled "Proposed Right of Way on Property of City of Roanoke", attached hereto and made a part hereof. TOGETHER with the right to said APPALACHIAN, its successors and assigns, to construct, erect, install, place, operate, maintain, inspect, repair, renew, remove, add to the number of, and relocate at will, poles, with crossarms, wires, cables, guys, and anchors in, on, and under the premises above referred to; grounding systems and all other appurtenant equipment and fixtures (hereinafter called "Appalachian's Facilities"), and string wires and cables, adding thereto from time to time, in, on, along, over, through, across and under the above referred to premises; the right to cut down, trim, clear and/or otherwise control, and at Appalachian's option, remove from said premises any trees, overhanging branches, buildings or THIS INSTRUMENT PREPARED BY APPALACHIAN POWER COMPANY, P.O. BOX 2021, ROANOKE, VA 24022-2121 other obstructions which may endanger the safety of, or interfere with the use of Appalachian's Facilities; and the right of ingress and egress to and over said above referred to premises and any of the adjoining lands of the Grantors at any and all times, for the purpose of exercising and enjoying the rights herein granted, and for doing anything necessary or useful or convenient in connection therewith. The Grantor hereby grants, conveys and warrants to Appalachian Power Company a non-exclusive right of way easement for electric facilities. The location of such facilities shall be mutually agreed upon in advance by both parties. APPALACHIAN agrees to restore and repair any damage to GRANTOR'S property that may be caused by the construction, operation, or maintenance of said easement. The GRANTOR agrees that APPALACHIAN will not be expected to restore the property to the identical original condition, but rather as near thereto as is reasonably practicable. In the event APPALACHIAN should remove all of said Appalachian's facilities from the lands of the GRANTOR, then all of the rights, title and interest of the party of APPALACHIAN in the right of way and license hereinabove granted, shall revert to the GRANTOR, its successors and assigns. APPALACHIAN agrees to indemnify and save harmless the GRANTOR against any and all loss or damage, accidents, or injuries, to persons or property, whether of the GRANTOR or any other person or corporation, arising in any manner from the negligent construction, operations, or maintenance, or failure to properly construct, operate, or maintain said Appalachian's facilities. TO HAVE AND TO HOLD the same unto Appalachian Power Company, its successors and assigns. Upon recordation of this agreement Appalachian accepts the terms and conditions contained therein. NOTICE TO LANDOWNER: You are conveying rights to a public service corporation. A public service corporation may have the right to obtain some or all of these rights through exercise of eminent domain. To the extent that any of the rights being conveyed are not subject to eminent domain, you have the right to choose not to convey those rights and you could not be compelled to do so. You have the right to negotiate compensation for any rights that you are voluntarily conveying. WITNESS the signature of the City of Roanoke by Darlene L. Burcham, its City Manager, and its municipal seal hereto affixed and attested by Mary F. Parker, its City Clerk pursuant to Ordinance No. adopted on CITY OF ROANOKE ATTEST: CITY MANAGER CITY CLERK STATE OF VIRGINIA CITY OF ROANOKE ) ) TO-WIT: ) I, , a Notary Public in and for the City and Commonwealth At Large, do certify that and City Manager and City Clerk, respectively, of the City of Roanoke, whose names as such are signed to the writing above, bearing date the day of ~ 2005, have each acknowledged the same before me in my jurisdiction aforesaid. Given under my hand this day of ,2005. My Commission Expires: Notary Public R~ER PROPOSED RIGHT OF waY ON PROPeRtY Of CITY OF ROANOKE ~ -,',,,: ~: V-1596 C~TY OF ROANOKE, ViRGiNiA T.D665020 M~ SECT. 37§OO2?§D4 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times .................................................. + ........................ MARY F. PARKER CITY OF ROANOKE CLERK'S OFFICE 215 CHURCH AVE SW RM 456 NOEL C. TAYLOR MUNICIPAL BLDG. ROANOKE VA 24011 REFERENCE: 32143302 07275133 NOTICEOFPUBLICHEARIN State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of V~r~nia. Sworn and subscribed before me this __~_~_day of August 2005. Witness my hand and o~ seal. ~ PUBLISHED ON: 08/'05 The City of Roanoke proposes to grant an approximate width of 40 ~oject. §§15.2-~800(B) and :!.853, 853-254~ TOTAL COST: 179.63 FILED ON: 08/05/05 .................................................. Authorize Billing Services Repr e sent al.t,!ive NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The City of Roanoke proposes to grant an easement, with an approximate width of 40 feet and an approximate length of 310 feet, across City-owned property identified by Official Tax Map Nos. 4250102R and 4250105R, located adjacent to Rivefland Road, S.E., to Appalachian Power Company dPo/a American Electric Power (AEP) for the purpose of relocating an overhead power line and related facilities, in connection with the Roanoke River Flood Reduction Project. 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 on Monday, August 15, 2005, at 7:00 p.m., or as soon thereafter as the matter may be heard in the Council Chambers, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, at which time citizens of the City shall be given an opportunity to appear and be heard by Council on the subject. Further information in the form of a report to City Council dated August 15, 2005 is available from the Office of the City Clerk for the City of Roanoke at (540) 853-2541. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office (853-2541), before 12:00 noon on Thursday, August 11, 2005. GIVEN under my hand this 3rd day of August ,2005. Mary F. Parker, City Clerk. K:/NOTICES\N-AEPEAS EMEN T 081505 DOC Notice to Publisher: Publish in the Roanoke Times once on Friday, August 5, 2005. Send bill and affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk August 22, 2005 File #66-183 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke which was held on Monday, August 15, 2005, certain concerns expressed by Mr. Obediah Overstreet, 3203 King Street, N. E., with regard to the lack of maintenance ora bridge/guard rail located in the vicinity of his home were referred to you for response. Mary F. Parker, CMC City Clerk MFP:ew pc: Robert K. Bengtson, Director, Public Works