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HomeMy WebLinkAboutCouncil Actions 04-03-06 Wishneff 37339-040306 ROANOKE CITY COUNCIL REGULAR SESSION APRIL 3,2006 9:00 A.M. ROOM 159 AGENDA Call to Order -- Roll Call (Council Members Dowe and Wishneff arrived late.) 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- 3 711 (A)(1), Code of Virginia (1950), as amended. Approved (5-0) File #132 Items listed on the 2:00 p.m. Council docket requiring discussion/clarification, and additions/deletions to the 2:00 p.m. agenda. (15 minutes) Topics for discussion by the Mayor and Members of Council. (15 minutes) Items for discussion at the joint meeting of Council and the Roanoke City School Board on Monday, May 1, 2006, at 9:00 a.m. 1 BRIEFINGS: · Code Enforcement Update Police Initiatives 13th Street/Hollins Road Transportation Project Update Martin Luther King Jr. Bridge Update Century Square Update Marketing City Property for Sale 20 minutes 10 minutes · · · · 20 minutes 15 minutes 15 minutes 20 minutes · Director of Finance: . Personal Property Tax Relief 15 minutes THE COUNCIL MET WITH THE INDUSTRIAL DEVELOPMENT AUTHORITY AT 12:00 P. M., IN ROOM 159, NOEL C. TAYLOR MUNICIPAL BUILDING. 2 ROANOKE CITY COUNCIL INDUSTRIAL DEVELOPMENT AUTHORITY JOINT MEETING APRIL 3, 2006 12:00 P.M. ROOM 159 AGENDA 1 . CAll TO ORDER. 2. ROll CAll: Industrial Development Authority 3. WELCOME. 4. INVOCATION AND lUNCH. 5. DISCUSSION ITEM: a. Annual report of the Industrial Development Authority. Dennis R. Cronk, Chair. File #109-207 6. COMMENTS BY COUNCil/INDUSTRIAL DEVELOPMENT AUTHORITY MEMBERS. THE COUNCIL MEETING WAS DECLARED IN RECESS TO BE IMMEDIATELY RECONVENED FOR CONTINUATION OF THE 9:00 A. M. BRIEFINGS. THE MEETING OF THE INDUSTRIAL DEVELOPMENT AUTHORITY WAS ADJOURNED. 3 Certification of Closed Session (7 - 0) Appointed Evelyn W. Manetta to fill the unexpired term of James c. Hale as a member ofthe Parks and Recreation Advisory Board, ending March 31, 2009. File #1 5-67-110 Appointed Krista Blakeney to fill the unexpired term of Rich G. McGimsey as a member of the Fair Housing Board, ending March 31, 2007. File #1 5-110-178 The following persons will be interviewed by the Council for vacancies on the Roanoke City School Board: Jason E. Bingham, Jay Foster, Alice P. Hincker, Mae G. Huff, Randy L. Leftwich, Todd A. Putney, James P. Beatty, Caren D. Boisseau, and Mark S. Lucas. File #110-467 4 ROANOKE CITY COUNCIL REGULAR SESSION APRIL 3,2006 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order--RolI Call. (Council Member McDaniel was absent.) The Invocation was delivered by Council Member Alfred T. Dowe, Jr. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor C. Nelson Harris. Welcome. Mayor Harris. NOTICE: Today's Council meeting will be replayed on Channel 3 on Thursday, April 6, 2006, at 7:00 p.m., and Saturday, April 8, 2006, at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. 5 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.CLlCKONTHESERVICEICON.CLlCK ON COUNCIL AGENDAS TO ACCESS THE APPROPRIATE AGENDA AND COUNCIL MEETING. IF ADOBE ACROBAT IS NOT AVAILABLE, A PROMPT WILL APPEAR TO DOWNLOAD PRIOR TO VIEWING AGENDA INFORMATION. ALL PERSONS WISHING TO ADDRESS COUNCIL ARE REQUESTED TO REGISTER WITH THE STAFF ASSISTANT WHO IS LOCATED ATTHE ENTRANCE TO THE COUNCIL CHAMBER. ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH, HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLOTTED THREE MINUTES. ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITTEE IS REQUESTED TO CONTACT THE CITY CLERK'S OFFICE AT 853-2541, OR ACCESS THE CITY'S HOMEPAGE ATWWW.ROANOKEVA.GOV, TO OBTAIN AN APPLICATION. 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: A Resolution memorializing the late Margaret "Fran" Cox Fulford, former City employee. Adopted Resolution No. 37339-040306. (6-0) File #184-367 6 A Resolution congratulating the Roanoke Catholic High School Boys Basketball Team, winners of the Virginia Independent School Division II State Basketball Championship. Adopted Resolution No. 37340-040306. (6-0) File #80-467 Proclamation declaring the month of April 2006 as Fair Housing Month. File #3-1 78 Proclamation declaring the week of April 9 - 15, 2006, as National Public Safety Telecommunicator's Week. File #3-262 3. 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. C-1 Minutes of the regular meeting of Council held on Tuesday, February 21 , 2006, and recessed until Friday, March 3, 2006. RECOMMENDED ACTION: Dispense with the reading of the minutes and approve as recorded. C-2 A communication from the City Manager requesting that Council schedule a public hearing for Monday, April 17, 2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a request of Straight Street Roanoke Valley, Inc., a non-profit organization, for tax exempt status of property located at 333 Luck Avenue, S. W. RECOMMENDED ACTION: Concur in the request. File #79 7 C-3 A communication from the City Manager requesting that Council schedule a public hearing for Monday, April 17, 2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a request of Blue Ridge Gospel Outreach, Inc., a non-profit organization, for tax exempt status of property located at 9 Salem Avenue, S. W. RECOMMENDED ACTION: Concur in the request. File #79 C-4 Qualification of the following persons: john E. Dooley as a member of the Roanoke Regional Airport Commission, for a term ending March 9, 2010; Carl H. Kopitzke and Mary F. Monk as members of the Parks and Recreation Advisory Board, for a term ending March 31, 2009; and Quentinj. White as a member of the Human Services Advisory Board, to fill the unexpired term of Corinne B. Gott, ending September 30, 2008. RECOMMENDED ACTION: Receive and file. File #9-67-110-318 REGULAR AGENDA 4. PUBLIC HEARINGS: a. Encroachment of a gas meter approximately 12 inches into the property line of Century Square Park, located at 16 Church Avenue, S. E. Darlene L. Burcham, City Manager. Adopted Ordinance No. 37341-040306. (6-0) File #28-458 5. PETITIONS AND COMMUNICATIONS: a Request of Yellow Cab Company to present a revised petition for taxicab rate increase. William Roberts, President, Spokesperson. (Sponsored by the City Manager.) Referred to the City Manager for report and recommendation to Council. File #47 8 b. Update with regard to programs and funds to sustain operations of Explore Park. Debbie Pitts, Executive Director, Virginia Recreational Facilities Authority, Spokesperson. (Sponsored by Vice-Mayor Beverly T. Fitzpatrick, Jr., and Council Member M. Rupert Cutler.) Referred to the City Manager for report and recommendation to Council. File #60-365 c. Request of the Roanoke Regional Airport Commission to present the proposed 2006-2007 Operating Budget and Proposed Capital Expenditures. Jacqueline L. Shuck, Executive Director, Spokesperson. (Sponsored by the City Manager.) Adopted Resolution No. 37342-040306. (6-0) File #9-60 d. Request of the Roanoke Valley Resource Authority to present the proposed 2006-2007 Annual Budget. Steven R. Barger, Operations Manager, Spokesperson. (Sponsored by the City Manager.) Adopted Resolution No. 37343-040306. (6-0) File #60-253 6. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: 1. Acceptance of Western Virginia Workforce Development Board Workforce Investment Act Program, funds in the amount of $159,000.00; and transfer of funds. Adopted Budget Ordinance No. 37344-040306 and Resolution No. 37345-040306. (6-0) File #60-72-236-246 9 2. Acceptance of Virginia Opportunity Regions Marketing Grant funds, in the amount of $10,000.00, from the Virginia Economic Development Partnership; and appropriation of funds. Adopted Budget Ordinance No. 37346-040306 and Resolution No. 37347-040306. (6-0) File #60-236-450 3. Adoption of a resolution authorizing City representatives to begin the application process for re-certification as a crime prevention community. Adopted Resolution No. 37348-040306. (6-0) File #5-236 4. Adoption of a resolution endorsing the City's participation in the Virginia Juvenile Community Crime Control Act. Adopted Resolution No. 37349-040306. (6-0) File #60-236-304 5. Amendment of the City Code to repeal Chapter 27.1, Article II, Temporarv Siqns; and to reference zoning regulations and zoning districts consistent with terminology and section numbers used in Chapter 36.2, Zoninq. Adopted Ordinance No. 37350-040306. (6-0) File #24-51-107 6. Authorization to establish a new position of Arts Festival Director, effective May 1, 2006; and transfer of funds. Adopted Budget Ordinance No.3 73 51-040306. (6-0) File #60-80-1 84 7. Authorization for Blue Ridge Behavioral Healthcare to act as its own fiscal agent. Adopted Resolution No. 37352-040306. (6-0) File#314 10 8. Authorization to rename City-owned and/or controlled parking facilities. Adopted Resolution No. 37353-040306. (6-0) Council Member Wishneff requested that the naming of a City facility in memory of the late restaurateur AI Pollard be referred to the City Manager and the City Planning Commission (subcommittee) for study, report and recommendation to Council. File #166 9. Authorization to file a Petition to Amend Proffered Conditions on City-owned property located at the northeast corner of Blue Hills Drive and Orange Avenue, N. E., identified as Official Tax No. 7160113. Adopted Resolution No. 37354-040306. (6-0) File #51 -1 66 b. CITY ATTORNEY: 1. Amendment and reenactment of Ordinance No. 36945-011805, vacating, discontinuing and closing a 15 foot alley running between Whitmore Avenue and Reserve Avenue, S. W., and parallel to S. Jefferson Street. Adopted Ordinance No. 37355-040306. (6-0) File #514 c. DIRECTOR OF FINANCE: 1. Authorization to issue up to $42.5 million in refunding bonds for Series 1997B and 2002A. Adopted Resolution No. 37356-040306. (6-0) File #53 2. Adoption of a resolution establishing the percentage reduction for personal property tax relief at 66.19 per cent for the 2006 tax year. Adopted Resolution No. 37357-040306. (6-0) File #79 11 3. Financial report for the month of February 2006. Received and filed. File #10 7. REPORTS OF COMMITTEES: NONE. 8. UNFINISHED BUSINESS: NONE. 9. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 10. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. 11. HEARING OF CITIZENS UPON PUBLIC MATTERS: 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. Ms. Zoe Stennett, 2531 Peters Creek Road, N. W., spoke with regard to bias in reporting by The Roanoke Times and a salary increase for the City's public safety employees. File #5-70-227 Mr. James Polk, 2610 Rugby Boulevard, N. W., requested funding assistance by the City to establish a youth sports center. (Referred to the City Manager for report.) File #304-388 12 Mr. Bob Richert, 415 Allison Avenue, S. W., spoke in support of code enforcement initiatives to be implemented onJuly 1,2006, and the need for a better complaint tracking system. File #66-549 12. CITY MANAGER COMMENTS: The City Manager advised that on April 1, traditional clean up activities commenced in the City of Roanoke, and encouraged citizens to use the services ofthe City's Solid Waste Management Department to make the community as clean as possible. File #144-265 The City Manager advised that the 42nd anniversary of Roanoke Valley Sister Cities was celebrated on Saturday, April 1 , 2006, at Roanoke College. File #327 The City Manager encouraged citizens of the Roanoke Valley to support the Roanoke Dazzle basketball team and the Roanoke Valley Vipers hockey team through the purchase of season tickets. File #192-388 13 CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.w., ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 85:\-2444 FAX: (540) 853-] 145 C. NELSON HARRIS Mayor April 3, 2006 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: This is to request a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. Sincerely, c...1(~ ~ C. Nelson Harris Mayor CNH:snh 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 Fa" (540) 853-1138 City Web: www.roanokeva.gov April 3, 2006 Honorable C. Nelson Harris, Mayor and Members of City Council Roanoke, VA Dear Mayor Harris and Members of Council: Subject: Code Enforcement Update This is to request space on Council's agenda for a 20 minute presentation of the above referenced subject. Respectfully submitted, :{L'7~4~ Darlene L. Burc,tham City Manager l DLB:sm c: City Clerk City Attorney Director of Finance Crime Prevention through Code Enforcement ~. HOAt';(JK[ ,. To promote decent, safe & sanitary living conditions and increase property values throughout the City of Roanoke by striving to eliminate illegal dumping, litter, dilapidated and abandoned buildings, inoperable vehicles, and other blighting influences in our neighborhoods. Grime Equals Crime - "Fight the Blight" 1 Trash & Clutter Inoperable Motor Vehicles ~~a nOAI\iOKE ~~ KOAM)KL 1 .. . '.. ··l ~ '.:' .~.;~~?~.":~o.1"··.:· ..., ..' Vacant Structure ~G! RQANOKF ." :.J:·::L;"U··.?·¡".,;....·~:·o.-. ~ ';:.:.,~þ)~~~~: ~?\.~~ ~!.·Y:f.:~· ··.·.f..-. "Broken Window Theory" ,.. ~.q;~~~ tj~~~J. '.'0 ..... .~,. ~ ·.,,·...:.~;o<· f.1.mt~: ~~~:~Ci~~· ~~~1W; :~f:%j~r :";'.' Broken windows. accumulated trash. & deteriorated building exteriors can indicate that no one is taking care of the neighborhood & can lead to more deterioration in the neighborhood & an increase in crime. ....AIII! .-f3! ROANOKI 4 · Weeds & Trash adopted 05/14/79 · Eyesore Alert Program 1983 · Inoperable Motor vehicles adopted 01/01/96 · Rental Inspection Program adopted 07/01/96 · Inter-agency Code Enforcement (ICE) Team 1998 · Drug Blight Ordinance 02/07/00 · Graffiti Abatement adopted 03/05/01 · A Guide to the City of Roanoke's Nuisance Ordinances (04/16/04) · ICE Team Enhanced (09/04) · Bawdy Places Ordinance (11/21/05) 5 · Continued citizen complaints regarding crime, blight & code violations · Bulk items left on the streets for extended periods of time. · Abandoned vehicles, abandoned properties and absentee landlords. L...~ti'! Hf)ANOKf- · Influx in Vacant Structure Fires · Level of Citizen Satisfaction in the areas of weed abatement, collection of bulk items, etc. L...~ti'! HOANOk.1- 6 · Roanoke Neighborhood Advocates and the Commonwealth Attorney's Office sponsored a presentation by the City of Norfolk on September 29, 2005. · City of Roanoke personnel & citizens were exposed to an aggressive, cooperative and effective code enforcement program. · A follow-up trip was made to Norfolk by Ci~ staff on January 30, 2006. ~ IWANOKL 7 Inoperable Motor Vehicles · Weeds & Trash Outdoor Storage · Property in Need of Maintenance · Illegal Signs · Illegal Set-outs · Illegal Fences · Commercial Vehicles in Residential Zones · Right-of-way Visibility · Illegal Business · Abandoned & Open Structures ~. ROAt-:OKE 1. Reorganize 2. Strengthen Partnerships 3. Adopt Additional Ordinance, Fees & Penalties 4. EducatelEvaluate R · Staff Assignments · Process · Tracking System L.~. ROANOKE · Deployment of code enforcement, fire, solid waste personnel, and police as a special team. · More Involvement of Police Officer, Fire Inspectors, & Solid Waste in the citing of code violations. · "Co-extensive Authority" ~. ROANOK[ l) Creation of a "Uniform Notice of Violation" · Changes in Notifications to Violators UNOV posting on the door Placards to be issued by Fire, Inspectors, & Health Department for unsafe structures. · Investigate possible notification changes for property managers when dealing with Evictions & "Move Outs" · Establishment of a Commonwealth Attorney component to prosecute code violations cases. · Enhancement of the database available on the City website · Enhancement of citizen capability to track problem locations and to view actions taken. · Use of a mapping system to identify problem property owners to increase accountability. 10 · 5 C's - Citizens, City Departments. Commonwealth Attorney, the Court, & Community (Businesses & Neighborhoods) · Continue to work with citizens to problem solve & seek solutions to blight in their own neighborhoods. · Continuing to work with the Roanoke Neighborhood Advocates & neighborhood groups to seek input. L.~d H.oANOKL · Code revisions, new code sections, adoption of ordinances by June 2006 · Change penalties to maximum allowed by State law by June 2006 · Introduction of new legislation by January 2007. L.~aJ rtQANOK[ \1 Educate/Evaluate · Cross-train Department personnel · Educate citizens on code issues · Develop a Reference Guide - For City Employees & Citizens ~!!"- H{)ANOKL CONCLUSION "It is our responsibility as citizens & caretakers to work together to keep the City of Roanoke safe and beautiful." We can "Fight the Blight" with · A team approach · Expansion of code enforcement responsibilities across departmental lines · Cooperation & buy-in from all citizens & involved Departments at all levels of leadership. ~1!:OiI'!: -- ROANOK[ 12 Program Implementation ,.. , Target Date: .July 01,2006 ./ 1'" 13 CITY OF ROANOKE OFFICE OF THE CITY MANAGER f\iocl C. Tdylnr \'lullidpal Building 2"1::; Church An_'nuL', S.\V., Room 364 Rl1anoke, Virgin;" 2,1011-1591 Tvll'phl'IW: ("·llll.l.(.'·~ ~..~:~:; 1,,1".: (:,i.ll1) ~:-.ì_II.¡~ Cir.\" \\·,.'h: \\ ww.n1.lIH.kl..'\·,I.g,,\· April 3, 2006 Honorable C. Nelson Harris, Mayor and Members of City Council Roanoke, VA Dear Mayor Harris and Members of Council: Subject: Police Initiatives This is to request space on Council's agenda for a 10 minute presentation of the above referenced subject. Respectfully su 6~~ ( Darlene L. B rcham City Manageo DLB:sm c: City Clerk City Attorney Director of Finance Address to Council April 3, 2006 Recent published reports concerning the crime rate in Roanoke are not indicative of the daily efforts of our officers. The police department realizes that crime reduction is an integral component of our over all efforts. In response to these published reports, as well as to our own findings, I would like to take a minute and chronicle many of our outstanding programs and accomplishments. 0- Tolerance for patrol officers and other uniform personnel Using the Broken Windows Theory of crime reduction, our officers have begun to make arrests on many violations. Selective traffic enforcement generally leads to arrests of a more serious nature. Orange Ave NE 157 summonses to reduce an increase in crashes Grant funded aggressive driver enforcement 472 summonses over 6 months Two Williamson Rd traffic check points produce 117 arrests for criminal and traffic related violations Warrant Service People wanted for violations of crime, usually commit more crime. Arresting these individuals sooner will reduce the number of incidents. To do this we are: Having more warrant service days Concentrating on individuals with multiple warrants and lengthy criminal histories Promoting efforts like OPERATION INKED. March 29th and 30th, multi agency effort to arrest wanted people after placing their names in the paper. Results were 474 persons arrested and 512 warrants served. Additional arrests are expected after investigation of some 200 leads are completed Reduce Sex Crimes and violence against women We have surveyed warrants to identify past sex crime offenders and prioritize those individuals for arrest on outstanding warrants. We have reviewed the sexual predators registry to identify past sex offenders not registered. 2 were located one of which has been arrested. Re-Focus Street Crimes Unit Concentrate on those areas (not specific crimes) that provide the greatest amount of violent crime statistics. Focus on crime hotspots and crime trends not the crime of the day Narcotic reversal operations in these hot spot areas netted 30 arrests for drug related crime Violent Crimes / Organized Crime Task Force (vCTFJ Created to reduce drug related violent crime. 1 drug related murder since Jan 2004 Originally identified 8 narcotic organizations and 75 persons as targets. In 2 years the unit has removed 7 of these 8 organizations from the community by arresting over 80 individuals associated with the groups. Seized in 27 months 800,000 in money and vehicles 480,000 in cocaine and marijuana 98 firearms Crime Prevention Through Environmental Design (CPTED) New initiative to reduce crime in apartment communities Officers will complete crime prevention assessments for property owners signed up with the program Property owners will make suggested improvements A portion of the improvement costs will be refunded to property owners through the Community Development Block Grant program Retention and Recruitment jan 2005 pay increase results in increased recruitment and retention 1 8 months ago the department had its worst officer shortage in history. Some 36 positions or 14% of the allocated positions were empty Today there are 5 open positions 3 of which are due to retirement. The department now selects from a larger number of qualified candidates. Coos in the Neighborhood Take home car program has increased the number of officers living in the city from 21 to 63 over a 5 year period. This is a 200% increase 2 officers living in lower income neighborhoods in houses renovated by the city. Future expansion of this program is expected. Clearance Rates Above National Average A crime is cleared when the suspect is arrested or when a suspect is identified and the prosecution of the suspect is declined. Aggravated Assault Homicide Rape Robbery Roanoke 78% 69% 71% 33% Burglary Larceny Motor Vehicle Theft Arson Roanoke 25% 28% 47% 66% National 56% 63% 42% 26% National 13% 18% 13% 17% CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov April 3, 2006 Honorable C. Nelson Harris, Mayor and Members of City Council Roanoke, VA Dear Mayor Harris and Members of Council: Subject: 13th Street/Hollins Road Transportation Project Update This is to request space on Council's agenda for a 20 minute presentation of the above referenced subject. Respectfully su o<k~ Darlene L. B cham City Manager DLB:sm c: City Clerk City Attorney Director of Finance Hollins Road/ 1310 Street Extension VDOT Proj. No. UOOO-128-113 Tvpical Section · Four-lane typical from Orange Avenue to Wise Avenue - 35 mph design speed ,;:; surrounding properties are industrial! commercial ':' four-lane bridge o Two-lane typical from Wise Avenue to Dale Avenue - 25 mph design speed () surrounding properties are more residential " minimizes impact on neighborhood both visually and from right-of-way acquisition need · Bike lanes included throughout · Crossing overhead utilities only placed underground · Wide medians and sidewalks set back from the curb line to increase landscaping opportunities Roundabouts vs. Siqnalized Intersections o 13th & Tazewell - existing signal proposed to be removed o 13':' & Wise - currently not signalized, projected traffic volumes would meet warrants for a signal · Signals would require additional lanes and associated larger footprint · Roundabouts meet traffic needs, provide gateway and aesthetic opportunities, and can better control travel speeds Left turns will be restricted at certain streets - Campbell Avenue, Kirk Avenue, Church Avenue. Stewart Avenue · turn restrictions ensure efficient traffic flow and minimize the number of lanes, especially turn lanes o these streets extend only a few blocks in either direction · main arteries into Downtown are maintained Schedule · Citizen Information Meeting- Wednesday. May 17. 2006 Fallon Park Elementary School 5:00 - 7:00 PM · Public Hearing - Spring 2007 · Right of Way acquisition begins - 2007 · Construction advertisement - 2010 Hollins Road/13th Street Extension VDOT Proj. No. UQQQ-128-113 Tvpical Section · Four-lane typical from Orange Avenue to Wise Avenue - 35 mph design speed (1 surrounding properties are industrial/ commercial o four-lane bridge · Two-lane typical from Wise Avenue to Dale Avenue - 25 mph design speed o surrounding properties are more residential o minimizes impact on neighborhood both visually and from right-of-way acquisition need · Bike lanes included throughout · Crossing overhead utilities only placed underground · Wide medians and sidewalks set back from the curb line to increase landscaping opportunities Roundabouts vs. Siqnalized Intersections · 13th & Tazewell - existing signal proposed to be removed · 13th & Wise - currently not signalized, projected traffic volumes would meet warrants for a signal · Signals would require additional lanes and associated larger footprint · Roundabouts meet traffic needs, provide gateway and aesthetic opportunities, and can better control travel speeds Left turns will be restricted at certain streets - Campbell Avenue, Kirk Avenue, Church Avenue, Stewart Avenue · turn restrictions ensure efficient traffic flow and minimize the number of lanes, especially turn lanes · these streets extend only a few blocks in either direction · main arteries into Downtown are maintained Schedule · Citizen Information Meeting - Wednesday, May 17, 2006 Fallon Park Elementary School 5:00 - 7:00 PM · Public Hearing - Spring 2007 · Right of Way acquisition begins - 2007 · Construction advertisement - 2010 Ii. '=' ;~:'.; , . I '" -, 8 ü" ..., ., I 3 ."., .,.., .. -i . "' - 0,- ":) J ---- I ----.., U '--- II':) --," _ .-- .1::¡ .__ ._ . .. I . . -" I . I ,- . . SiC:::'- I i..¡":JLlTY : : i I i W,\L'( S rRIP rCG-3 . TRAVi::.L Li;,~"¡E: TRI-Vv'!:::l lANE _. ,I ,,:::....I.::I¡ __u._ MfSI.i\N g RMI 1 I . .-.----.--:- .".5' ~I--- 10.5' --"-13.0' 120'1- U~~~I;-!-"I~~~·51- TRAVEL LANE:: 1"1 RAVEL LANi::. þG-6 S 11~IP . WALK I ç¡ I d CG-2 -1 ! PAVoD SHOUI.DER --' .....- '.04' MINlrv·,....;r.,,1 RIGH"f·Oi-·WA.Y l:......i I ,. , ¡:"AVdJ ::-;H0....I..DER I ¡ / CG-2 ' 4 LANE TYPICAL SECTION WITH BICYCLE ACCOMODATIONS Ii. 1 ï~' iifl/NIMUM RIGHT-OF-WAY i 3.0'1_ 1e.5'·- -!- 1dl·e' -1--·-.... 105' -, 30' 25'1~ 70' --- 5'---11',- i " UTILlIY SIDE- I : TRAV~L LANE! MEpJA,": TRAVEL LANE I FG-G! STRIP vVALK: I ..4 I t. L-1 I IMl .l " I GG-2 i (;(-;-2 BIK[ LANE/ RN, qr'N 1'- 5.:..1' ll-- 7.1j' -12.::" : ;~~~~. ~~~gY !U3-'3 eu L-.. .I ¡ 811\1:. ~ AN¡:/ 2 LANE TYPICAL SECTION WITH MEDIAN AND BICYCLE ACCOMODATIONS HOLLINS ROAD & . 13TH STREET EXTENSION .. 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 Fa" (540) 853-1138 City Web: www.roanokeva.gov April 3, 2006 Honorable C. Nelson Harris, Mayor and Members of City Council Roanoke, VA Dear Mayor Harris and Members of Council: Subject: Martin Luther King Jr. Bridge Briefing This is to request space on Council's agenda for a 15 minute presentation of the above referenced subject. Res ectfully submitted, Darlene L. Bu cham City Manage DLB:sm c: City Clerk City Attorney Director of Finance 6 ~ ~ ©D ~ @]) M ©D @]) ~'-CQ)~ ,,=0= ~ !~~ ~'~d dJ LI~ ~ ~©~ ~iO~t i~~ = 0= ~ 8 ~ g @ ~ ~ I : ~ 6 LQJ I ~ 1 ~~ c@ ~~~~ ~~&~ (Q)l~; ~@~{S ~wo~1 ~ @]) (gj ~ o~ @)~ ~~@{S© 2) @, ©J ~ @k) ~ ~~o~o~ ~{S@])@J]~ ~ (Ô)~ @d ©@o~~{S ~ ~©(ab)~ (@ca~&O~ ~@~ I~; ~ @b(Q£~ ~~ ~ (Qb) Q ~ ~ @) @]) ={S a l~~~ ~ {S~~ ~ ~ 3@ ~ Q ~ CQ) Q ~ <í9 I!@] {S {S ©JJ @) ~ 1'®J ~ '@ '@ t~ j ~ ~ @,~ © i II~ 1 ~ ~ §l@k) a~ (Q) ~ ~~ ~ @ @ [!J1, _© ~ @) ©J~~ '@ '@ ~ o~ '1S = @]) @]) ~ ~ Q ¡ ~ @ ~ o o,ª ~ ~ ° I ~ J J J~ ~ ~ ~ ~~ M!í ~ ~ ~~ ;I ;I ;I;;Q J <8> <8> <8> v" <8> @ ~ @@) o ~ ; ~~ C> v" 2J ~ [ = o ~ a= @lJ ~ C> 0 ~ o ~ 2J ~ i ~ [ ~I &) ~ @J» @ lJ i OÆ:, I = ~ ~ C> '@@Ïi) cfS a~ @ ¡¡¡J a= ~ ~ ~ v= @, ~ Cl~ ~ ~ ~ @ C> a~li ~ ~ @ <8 ~ (QS ~ i ~ [ @,@lJtS a= ~ ~ !~© lJ J ~ ( @~ I ~ @ @:§j @ @ cfS = @ r C> o~ ¡~ I ~ ~ ~ = 1~; i ~ (QJ [Qt @Q) a lJ ~ ~ v= ©!] I@, lJ~ ~ ='@ 0= ~~~ rID:, @Q) F ~~ <8> <8> <8> <8> ( 0 c;:, = C9§3 ~ ~ ~ ~ 0= (QJ ~ g Cl Cl ¡s ¡s © © Cl= 0= = = = = Cl~ Cl~ ~C) @2) @2) ~ ~~i G:> ~ ~ v= ~ ~ ~ i i Cl~ Cl~ ~ ~ @, @, G:> J J i ~ ~ ~ ~ o~ ~ I I ¡g I I ~ <8> <8> <8> 0 ~ @ 0 ~ {§j) ~ ~ 0= ~ = o~ @ = ~ {§j) § ~ © ~ = 0 ~ ~ ~ ~ ~ 1 ~ ~ I ~ © ~ @ 0= ~ 0 ~ 0= ~ ~ ~ © @ © o~ g ~ ~ @, ~ ~ © © 0 @ 2} ©D § ~ ~ ~ {§j) ~ © c= 0= 2} = ~ ~ I ~ 0= ~ = @, G> ~ o~ ~ l 2} @, {§j) ~ ~ ~ = cg o~ ~ i ~ ~ ~ ~ = c= c= 2} 2} ~ = ~ I I ¡ @, @ @ ~ ~ g (Q£ (Q£ = @ i 0 ~ ~ ~ ~ ~ ~ ~ 2} OdÅ¡ 0= (Q) ~ 6J> 6J> 6J> 6J> 6J> 6J> '. ; @fl) @ @fl) @;§) ~ 0 0 ~ I © ~ ~ = G:> ~ ~ 0 ~ I v= &Ð G:> [] ~ @) ~ 0 ~ © 0= = 0= ~ ~~ a= ~ © 0 @) ~ I ~ ~ ~ ~ @ G:> § I 0= ~ ~ ~ !I B @ [] i§ 11 ~ @ ~ © = ~ Oo~J 0" , ¿§ ~ ~ ~ ~ ~~ ~ @ ~ a= ~ ~ § @~ 2} ~ ~ ©j) 0 (QJ ~ @ ~ 0= = ~ ~ = ~ @, ~v= 2J i @ © rQJ ~ qç~ !P <8> <8> <8>~ <8> t ~ g ~ © ~ ~ ~@Æ ~@ © r?f7:\ (Q)~ @~ :@~ ~= a= ~ a= ¢::'J ~ ~ 2) (QJ o ~ © ~ t o I ~ 0 @ ~ ~ @) § ~ I ~ © ~ ~ ~ ~ ~ @ @ ~ ~ ~ ~ ~ © ~ g o© ~ © ~ ~ (iOJ ; , &.t: 2} ~ MJ] i @ @, (@ 0 ~ J (QJ ~ ~ ~ ~ c~~o~o~ 2} 0= 2} 2} @' o~ ~ ~ ~ @ ~ ~ ~ ~ ~ ~ ~ ~ 5 ~ © © © © ~ ~ ~ ~ ~ ¡ ¡ ¡ t t t t l!Æ:, I1&, l!Æ:, l!Æ:, <8> <8> <8> <8> @j¡J ~ © § ~ (Q) ©D ~ ,,= 19J ~ 2) [lJ1, " . . ~ @ ~ ~ ~ ~ ¿s ~ @ @ ~ ~ © J @ ~ ~ í ~ ~~J @, @ ;1 0= @ ~~ @@ [QÇ;@ o v= 2} ~ o~ J I ~ ~ ~~ : ~ ~ O~g : @ ~ @, Cl © ~ ~ @~ Cl ~ O~ ~ ~I~ ¡~ 2}~ ~~off ~( ~@ @@~ ~ ~ © @ ([gJ (c3)., 19 = I~ Cl~~@ ~ ~ ~ t9Jg § ~ ~ ( ¡ oog~ ~ J ~~ =~~~ ~ S ~@ ~t!~ ~ ~ g ~ ~ ~ ~ ~ O~ ~ 00 @, @ @,~~ § Cl ©1, § ~§ ~ ~ 0 ~~ ~ ( ~Cl~ ~ i ~;o Cl Cl Cl ~ @ ~ 1 o~ ~ @,Cl @~ §o~ ~~ ~@, ~@ ~§ " l!&) CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853·1138 City Web: www.roanokeva.gov April 3, 2006 Honorable C. Nelson Harris, Mayor and Members of City Council Roanoke, VA Dear Mayor Harris and Members of Council: Subject: Century Square Update This is to request space on Council's agenda for a 15 minute presentation of the above referenced subject. Respectfully submitted, Darlene L. Bu City Manager DLB:sm c: City Clerk City Attorney Director of Finance CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone, (540) 853-2333 Fa" (540) 853-1138 City Web: www.roanokeva.gov April 3, 2006 Honorable C. Nelson Harris, Mayor and Members of City Council Roanoke, VA Dear Mayor Harris and Members of Council: Subject: Marketing City Property for Sale This is to request space on Council's agenda for a 20 minute presentation of the above referenced subject. Respectfully submitted, DLB:sm c: City Clerk City Attorney Director of Finance 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.roanoke.va.us JESSE A. HALL Director of Finance email: jesse_hall@ci.roanoke.va.us April 3, 2006 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Briefing on Personal Property Tax Relief The purpose of this letter is to reserve 15 minutes on Council's 9:00 a.m. agenda on April 3, 2006, for a briefing on the above referenced subject. Sincerely, Q~ A. iW Jesse A. Hall Director of Finance JAH:ca c: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Personal Property Tax Relief Act (PPTRA) April 3, 2006 Prior Tax Relief Program · Provided 70% relief from personal property taxes on the first $20,000 of value for qualifying vehicles · Owners of vehicles assessed at $:[,000 or less received 100% tax relief · Qualifying vehicles are owned by an individual and must be for personal use only Tax Relief Program 2006 and beyond - Caps reimbursement for PPTRA at $950 million statewide for Tax Years 2006 and beyond - Prorated to localities based on Tax Year 200,t ~ City of Roanoke to receive $8,075,992 annually - "Spring Billers', like Roanoke, will receive the majority of Tax Year/Fiscal Year 2006 reimbursement in .luly 2006 - Current reimbursement program for Tax Years 2005 and prior ends September 1, 2006, or when current budgeted funds are exhausted - Localities were given options for implementing PPTRA changes Tax Relief Program 2006 and beyond - City Council adopted ordinance 37221 in October 2005 · "Specific Relief" method adopted for computing tax relief · Applies tax relief to individual vehicles on a % basis · Both dollar and percent relief will be shown on tax bill · Allocation of relief at a single percentage to the first $20,000 of personal vehicle value · Full relief provided for vehicles valued at $1,000 and less · Localities may "balance bill" delinquencies at September 1, 2006, or when state funding is depleted · Percentage of relief to be adopted annually by City Council 2 Tax Relief Program 2006 and beyond - Setting PPTRA relief rates or percentages is a matter of forecasting and estimation · PPTRA Allocation model developed by a group of Treasurers, Commissioners of the Revenue andFinance Directors · Analysis of 2006 assessment data · No requirement for "settling up" · Roanoke relief for Tax Year 2006 is 66.19% Q&A Thank You! 3 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, xra~aia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ci.roanoke.va.u s April 6, 2006 File #15-67-110 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Ms. Evelyn W. Manetta 2831 Stephenson Avenue, S. W. Roanoke, Virginia 24014 Dear Ms. Manetta: At a regular meeting of the Council of the City of Roanoke which was held on Monday, April 3, 2006, you were appointed as a member of the Parks and Recreation Advisory Board to fill the unexpired term of James C. Hale, ending March 31,2009. 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." L:\CLERK\DATA\CKEW1 ~oath and leaving scrvicc~Parks and Rcc\Ev¢lyn W Manetta 3 31 09 oath.doc Ms. Evelyn W. Manetta April 6, 2006 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 Parks and Recreation Advisory Board. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosures pc: Steven C. Buschor, Director, Parks and Recreation Carl H. Kopitzke, Chair, Parks and Recreation 2314 Martin Lane, S. W., Roanoke, Virginia 24015 Stephanie M. Moon, CMC, Deputy City Clerk Advisory Board, L:\CLERK~DATA\CKEWI~oath and leaving service~Parks and Rec~Evelyn W Manetta 3 31 09 oath.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 third day of April, 2006, EVELYN W. MANETTA was appointed as a member of the Parks and Recreation Advisory Board to fill the unexpired term of James C. Hale, ending March 31,2009. Given under my hand and the Seal of the City of Roanoke this sixth day of April, 2006. City Clerk L:\CLERK~DATA\CK~WI ~oath and leaving service~Parks and Rec~Evelyn W Manetta 3 31 09 oath.doc MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Xrxrginia 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 April 6, 2006 File #15-110-178 Ms. Krista Blakeney 2108 Clinton Circle, N. W. Roanoke, Virginia 24017 Dear Ms. Blakeney: At a regular meeting of the Council of the City of Roanoke which was held on Monday, April 3, 2006, you were appointed as a memberofthe Fair Housing Board to fill the unexpired term of Rich G. McGimsey, ending March 31,2009. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to Which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia(1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each appointee is required "to read and become familiar with provisions of the Act." Ms. Krista Blakeney April 6, 2006 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 Fair Housing Board. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosures pc: Angie Williamson, Secretary, Fair Housing 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 third day of April, 2006, KRISTA BLAKENE¥ was appointed as a member of the Fair Housing Board to fill the unexpired term of Rich G. McGimsey, ending March 31,2009. Given under my hand and the Seal of the City of Roanoke this sixth day of April 2006. City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of April, 2006. No. 37339-040306. A RESOLUTION memorializing the late Margaret (Fran) Cox Fulford, an employee of the City for thirty-seven years. WHEREAS, the members of Council learned with sorrow of the passing of Mrs. Fulford on Wednesday, February 8, 2006; WHEREAS, Mrs. Fulford was bom June 9, 1939, in Wytheville, Virginia, and survived two husbands, the late James E. Cox and the late Kyle A. Fulford; WHEREAS, Mrs. Fulford began working for the City on March 6, 1969, worked as a legal seeretmy in the City Attorney's Office beginning February 23, 1970, and served three City Attorneys, the late James N. Kincannon, Wilburn C. DiNing, Jr., and William M. Hackworth; WHEREAS, Mrs. Fulford took on every task with zeal, professionalism, and devotion, and did her best at everything she undertook; WHEREAS, Mrs. Fulford was committed to the betterment of the City, and took her responsibilities very seriously; WHEREAS, Mrs. Fulford will always be remembered for her caring nature and for her devotion and dedication to her family, her friends, her co-workers, and the City; and WHEREAS, Mrs. Fulford's intelligence, humor, wit, and honest manner will be greatly missed by all of those who knew her. K:LMeasures~Frannie Foo Resolution. doc 1 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Margaret (Fran) Cox Fulford, and extends to her family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Mrs. Fulford's daughter, Tamara C. Greene, and son James E. (Eddie) Cox, III, both of Roanoke, Virginia. ATTEST: City Clerk K:Wleasures~Frannie Foo Resolution. doc 2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of Apr,.l_, 2006. Iqo. 37340-060306. A RESOLUTION paying tribute to the Roanoke Catholic Celtics Basketball Team for its victory in the Virginia Independent School Division II State Basketball Championship Tournament at Richard Bland College in Petersburg, Virginia, on March 4, 2006. WHEREAS, the Celtics defeated Miller School from Crozet, Virginia by a score of 68 to 62 in the title game; WHEREAS, team members Phillip Martin and Deangelo Robinson were selected to the All Tournament Team and Aurimas Adomaitis was selected the MVP of the tournament; WHEREAS, Turner King was the leading scorer in the Championship Game with 20 points and the leading scorer for the season, and also made All Conference; WHEREAS, the team also won the Bull City Classic in Durham, North Carolina, and placed fifth at the Arby's Classic in Bristol; WHEREAS, the Celtics team is comprised of 12 players--Napier Alleyne, Orlando Walker, Michael Blanchard, Thomas Lynch, Aurimas Adomaitis, Brandn Evans, Turner King, Deangelo Robinson, Ben Shiffiett, Phillip Martin, Clarence Turpin, and Chris Joachim; WHEREAS, under the leadership of Head Coach Joe Gaither and Assistant Coaches Tony Joyce and Dennis Blanchard, the team finished its 2005 season with an amazing 31-7 record; and WHEREAS, throughout the 2005 basketball season, the team members represented Roanoke with the highest level of performance, sportsmanship, and pride against their opponents and played to the best of their abilities. THEREFORE, BE 1T RESOLVED by Council of the City of Roanoke that: 1. Council adopts this resolution as a means of recognizing and commending the Roanoke Catholic Celtics for their victory in the Virginia Independent School Division II State Basketball Tournament. 2. The City Clerk is directed to forward an attested copy of this resolution to the Celtics' Head Coach, Joe Gaither. ATTEST: City Clerk Office qf the Mayor CITY OF' =" ROANOKE ro lam ion WHEREAS, the Congress of the United State.* passed the Civil Rights Act of 1968, and Title VIII declared that the law of the land wouM now guarantee the rights of equal housing opportunity; and WHEREA~, the City of Roanoke, in conjunction with the Fair Housing Board, has provided a fair housing program for its residents, and today, the local community supports fair housing laws,- and the Fair Housing Act prohibits discrimination in the sale, rental and financing of dwellings and other housing-related transactions, based on race, color, national origin, religion, sex, age, familial status and handicap; and BqlEREAS, equal housing opportunity is a condition of life in the City of Roanoke that can and should be achieved, and all citizens are encouraged to abide by the letter and spirit of the Fair Hcatsing Lam NOW, THEREFORE, 1, C. Nelson Harris, Mayor of the City of Roanoke, Virginia, do hereby proclaim the month of April, 2006, throughout this great All-America City, as FAIR HOUSING MONTH. Given under our hands and the Seal of the City of Roanoke this third day of April in the year two thousand and six. A TTES E' Mary 1( Parker City Clerk C. Nelson Harris Mayor WHEREAS, emergencies can occur at any time and the prompt reoponse of police q/ricers, firefighters and paramedics is critical to the protection of l[fe and the presem,ation of property; and ~£REAS, lhe safety q/police officers and.firefighters is dependent upon the quality and accm'acy qt' information obtained from citizens who telephone the Roanoke City £-911 Center; and WHEREAS, pltblic .mfety telecommunicalors are the first and the most critical contact that citizens have with emergency services, and they p~wvide the sh~gle vital link for police o~cers and firefighters by monitorh~g activities by radio, pro~dding information and ensm'ing saJbO;; m~d ~/HEREAS, public sq/ety telec~mmunicators of the Roanoke City E-9I 1 Center have contributed substantially to the apprehension of crim#mls, suppression of.fires and treatment of patients, and each public safety telecommunicator has exhibited compassion, understanding and profe.vsionalism during the performance qf theh' duties. NOW, THEREFORE, L C Nelson Harris. Mayor of the City of Roanoke. Virginia, in honor of the men and u~men whose diligence and prcfea:~io~mlism keep the City and its citizens safe, do hereby proclaim the week q/April 9 - 15, 2006, throughout this great All-America City, as NATIONAL PUBLIC SA FETY TELECOMMUNICA TOR 'S It/EEK. Giwen trader our hand~ and the Seal q/the City q/Roanoke this third day of April in the year two Iholt.~z~nd alld six. A TT£SZ- Mary ~ Parker C. Nelson Harris City Clerk Mayor 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: clcrk@ci.roanoke.va.us April 6, 2006 File #79 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistanl City Clerk Keith E. Farmer, Director Straight Street Roanoke Valley, Inc. P.O. Box 11411 Roanoke, Virginia 24022 Dear Mr. Farmer: A public hearing has been scheduled for Monday, April 17, 2006, at 7:00 p.m., or as soon thereafter as the matter re'ay be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with regard to a petition submitted by Straight Street Roanoke Valley, Inc., a Virginia non-stock, not-for-profit corporation, requesting exemption from taxation of real property located at 333 Luck Avenue, S. W., identified as Official Tax No. 1012020, pursuant to Section 30-19.04(B), Code of Virginia (1950), as amended. It will be necessary for you, or your representative, to be present at the April 17 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely,/~L~,/, .~' ////~t~L~e~.... Mary F. Parker, CMC City Clerk MFP:ew L:\CLERK~DATA\CKEW1 ~Public Hearings~Public Hearings 2006~APR 06~Atlomoys and Adjoining Proper~y Owners.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 City Web: www.roanokeva.gov April 3, 2006 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: Tax Exempt Request from Straight Street Roanoke Valley, Inc. Pursuant to the requirements of the Virginia Code, the City of Roanoke is required to hold a public hearing regarding a request from the Straight Street Roanoke Valley, Inc., a non-profit organization, for tax exemption of certain property in the City. This is to request that the public hearing be held on Monday, April 17, 2006, 7:00 p.m., on the above matter. A full report will be included in the April 17, 2006 agenda material for your consideration Respectfully su~mi}ted, Darlene L. Bur,Cham City Manager 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 CM06-00055 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-malE clerk @ci.roanoke.va.us April 6, 2006 STEPHANIE M. MOON, CMC Deputy City Clerk SHE1LA N. HARTMAN Assistant City Clerk File #79 Scott Lyons, President Blue Ridge Gospel Outreach, Inc. P. O. Box 2904, Roanoke, Virginia 24001 Dear Mr. Lyons: A public hearing has been scheduled for Monday, April ] 7, 2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with regard to a petition submitted by Blue Ridge Gospel Outreach, Inc., a Virginia non-stock, not-for-profit corporation, requesting exemption from taxation of real property located at 7 and 9 Salem Avenue, S. W., identified as Official Tax No. 1010512, pursuant to Section 30-19.04(B), Code of Virginia (1950), as amended. It will be necessary for you, or your representative, to be present at the April 17 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 L:\CLERKkDATA\CKEW1 ~PubSc Hearings~Public Hearings 2006~kPR 06~Attoraeys and Adjoining Properly Owners.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 City Web: www.roanokeva.gov April 3, 2006 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 Exempt Request from Blue Ridge Gospel Outreach, Inc. Pursuant to the requirements of the Virginia Code, the City of Roanoke is required to hold a public hearing regarding a request from the Blue Ridge Gospel Outreach, Inc., a non-profit organization, for tax exemption of certain property in the City. This is to request that the public hearing be held on Monday, April 17, 2006, 7:00 p.m., on the above matter. A full report will be included in the April 17, 2006 agenda material for your consideration Respectfully submitted, Darlene L. Burch~m City Manager J 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 CM06-00057 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vhginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk April 6, 2005 File #9-15-110 Cathy S. Pendleton, Secretary, Roanoke Regional Airport Commission 5202 Aviation Drive, N. W. Roanoke, Virginia 24012-1148 Dear Ms. Pendleton: This is to advise you that John E. Dooley has qualified as a Commissioner of the Roanoke Regional Airport Commission, for a term ending March 9, 2010. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew pc: Stephanie M. Moon, CMC, Deputy City Clerk L:\CLERK\DATA\CKEWI\oath and leaving service~Airport Commission\John E. Dooley qualification.doc Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, John E. Dooley, 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 Regional Airport Commission, for a term ending March 9, 2010, according to the best of my ability (So help me God). Subscribed and sworn to before methis /~-~'day of .~//~--~2006. BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT L:\CLERK\DATA\CKEW1 ~oath and leaving service~Airport CommissionXJohn E. Dooley oath.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 April 6, 2006 File #15-67-110 STEPHANIE M. MOON, CMC Deputy City Clerk SHE1LA N. HARTMAN Assistant City Clerk Carl H. Kopitzke, Chair Parks and Recreation Advisory Board 2314 Martin Lane, S. W. Roanoke, Virginia 24015 Dear Mr. Kopitzke: This is to advise you that Carl H. Kopitzke and Mary F. Monk have qualified as members of the Parks and Recreation Advisory Board, for terms ending March 31, 2009. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew pc: Steven C. Buschor, Director, Parks and Recreation Stephanie M. Moon, CMC, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Carl H. Kopitzke, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Parks and Recreation Advisory Board, for a term ending March 31, 2009, according to the best of my ability (So help me God). Subscribed and sworn to before me this _e'~'~day of~006. BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT L:\C LERK~DATA\CKEW 1 ~oath and leaving service~Parks and Ret\Carl H Kopitzke oath.doc Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Mary F. Monk, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Parks and Recreation Advisory Board, for a term commencing April 1, 2006 and ending March 31,2009, according to the best of my ability (So help me God). Subscribed and sworn to before me this 47 day of V~-~ 2006. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT BY/~. ~'Y~C~'. ~) ,DEPUTY CLERK L:\CLERK\DATA\CKEWI\oath and leaving service~Parks and Rec\Mary F monk 3 09 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. Hartrnan Assistant City Clerk April 6, 2006 File #15-110-318 Teresa i. McDaniel, Secretary Human Services Advisory Board Roanoke, Virginia Dear Ms. McDanieh This is to advise you that Quentin J. White has qualified as a member of the Human Services Advisory Board for a term ending November 30, 2008. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew pc: Stephanie M. Moon, CMC, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Quentin J. White, 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 Human Services Advisory Board, to fill the unexpired term of Corinne B. Gott, deceased, ending September 30, 2008, according to the best of my ability (So help me God). Subscribed and sworn to before me this ©_? day of I~ ''~ ~ 2006. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT BY ~.~_C ~ , DE"UTY CLERK L:\CLERK\DATA\CKEWI\oath and leaving service\Human Services Advisory Board\Quentin J White oath 9 30 08.doc 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 April 6, 2006 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk File #28-458 G. Logan Forsyth, Executive Vice President Charles Lunsford Sons & Associates, Inc. P. O. Box 2571 Roanoke, Virginia 24010 Dear Mr. Forsyth: I am enclosing two copies of Ordinance No. 37341-040306 granting permission to Charles Lunsford Sons & Associates, Inc., ("Licensee") owner of property bearing Official Tax No. 4011310, otherwise known as 16 Church Avenue, S. E., for encroachment of a gas meter at a height above the sidewalk of eight inches, extending upward twenty-two inches, and with a width of fourteen inches into Century Square Park, as more fully set forth in a letter from the City Manager addressed to the Council under date of April 3, 2006. The above referenced ordinance will be in full force and effect at such time as a copy, duly signed, sealed, and acknowledged by the Licensee, has been filed in the Office of the Clerk of Circuit Court for the City of Roanoke and shall remain in effect as long as a valid, current certificate evidencing insurance as required in paragraph 4 of the above referenced resolution is on file in the Office of the City Clerk. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment pc: Jesse A. Hall, Director of Finance Philip C. Schirmer, City Engineer Sarah E. Fitton, Engineering Coordinator L:\CLERK',DATA\CKEW1LAGENDA CORRESPONDENCE~agenda correspondence 06V~pr 06V~,pr 3 06 correspondence.doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of April, 2006. No. 37341-040306. AN ORDINANCE granting a revocable license to permit the encroachment of a gas meter at a height above the sidewalk of eight (8) inches, extending upward twenty-two (22) inches, and with a width of fourteen (14) inches into Century Square Park, fi.om property bearing Official Tax No. 4011310, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. WHEREAS, a public hearing was held on April 3, 2006, 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 such permit. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Permission is hereby granted Charles Lunsford Sons & Associates, Inc., ("Licensee") owner of the property beafihg Official Tax No. 4011310, otherwise known as 16 Church Avenue, S.E., within the City of Roanoke, to permit the encroachment ora gas meter at a height above the sidewalk of eight (8) inches, extending upward twenty-two (22) inches, and with a width of fourteen (14) inches into Century Square Park, as more fully described in a letter of the City Manager to City Council dated April 3, 2006. 2. Such license shall be revocable at the pleasure of the Council of the City of Roanoke and subject to all the limitations contained herein. 3. It shall be agreed by the Licensee that, in maintaining such encroachment, the Licensee and its grantees, assignees, or successors in interest shall agree to indemnify and save harmless the City of Roanoke, its officers, agents, and employees from all claims for injur/es or damages to persons or property that may arise by reason of the above-described encroachment. 4. Licensee, its grantors, assigns or successor in interest shall for the duration of this license maintain on file with the City Clerk's Office evidence of insurance coverage in an mount not less than $1,000,000.00. This insurance requirement may be met by either homeowner's insurance or commercial general liability insurance. The certificate of insurance must list the City of Roanoke, its officers, agents and employees as additional insureds, and an endorsement by the insurance company naming these parties as additional insureds must be received within thirty (30) days of passage of this ordinance. The certificate shall state that such insurance may not be canceled or materially altered without thirty (30) days written advance notice of such cancellation or alteration being provided to the Risk Management Officer for the City of Roanoke. 5. The City Clerk shall transmit an attested copy of this ordinance to Charles Lunsford Sons & Associates, Inc., 16 Church Avenue, S.E., Roanoke, Virginia 24011. 6. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, and acknowledged by the Licensee, has been admitted to record, at the cost of the Licensee, in the Clerk's Office of the Circuit Court for the City of Roanoke and shall remain in effect only so long as a valid, current certificate evidencing the insurance required in Paragraph 4 above is on file in the Office of the City Clerk. 7. Pursuant to the provisions of §12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. City Clerk. \ .;:'- ACCEPTED and EXECUTED by the undersigned this i 1 ~ dayof fj,~Q; I 2.00(, Charles Lunsford Sons & Associations, Inc. By: Title ~rf..<fl o ..S.z_c COMMONWEALTH OF VIRGINIA ,1 /} /¡': . f . C-Lt<¡ vi ¿,~/L-'I'-£'i..c.... t/ § §To-Wit: § . ,The foreg~ing.instrument was acknp~l~~e~ befo~c;,me in m)' jurisdJctionaf~r~said this /l/A day of ¡l.M"...! , 2006, by Mj')t¿,¿L.J..' -i{¡AAA...,lh , éKI'( v'f- f 4.H, . , of Charles Lunsfórd Sons & Associates, Irtc., on'b~halfofsuch côrporation. . My Commission eXPireS~~'¿U{d.<.-'j2Z :}r)OÔ. /7 ~-- ¡íí // . ,,....---. ! / / I (,/ / ,"-- " , . ;t$., .¡:Ú¿d..--¡;,c Notary Public K:\ORDINANCES\O-ENCROACHME"''l.CHAS. Ll'NSFORD 040306.DOC 3 CHAS. IXNSFORD SONS & ASSO(:UTES In'\IIHIIW(' Sf'n·Ù'f'.... Si1lf'{' 187(1. April 17, 2006 Ms. Mary F. Parker, CMC, City Clerk City of Roanoke 215 Church Avenue. S. W, Room 456 Roanoke, VA 24011-1536 Re: Chas. Lunsford Sons & Associates, Inc. Ordinance No, 37341-040306 Dear Ms. Parker: As per your April 6 letter regarding the captioned. I am returning signed and notarized ordinance along with Certificate of Insurance for your records. Thank you very much and please advise if anything further is needed. Best regards, ·~r¡1 G. ' n- F~~ ~IC Exec' tive Vice President & Secretary la Ene. c: Mr. Mike Christian, Roanoke Gas Company c: Mr. Tom Wilson, Varney Electric Company. Inc. .(; i:,.¡¿t Ct,~rdi ¡\'1,:.r'lF:' i PCI ß·y.. 2~,/1! r~f)8n(¡~,::;. v;.,.. 2-L1~) t..,t(; ~~,~·:2 (ìX)~ì! ~~(¡() 777-:j;""!::'! F.i\\ ,S":lJ 3:;·I-,:09û ,ACORD. CERTIFICATE OF LIABILITY INSURANCE OP ID 1r4 DATE (MMIDDiYYYY) CHASL-1 04/17/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Chas. Lunsford Sons & Assoc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 2571 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Roanoke VA 24010 Phone: 540-982-02DO Fax:540-344-4096 I INSURERS AFFORDING COVERAGE NAIC# -, -. ---. -.. ..- '-. .-- - .-- .- -.-- .-.-. - INSURED lNSURF~A Re'P.ublic-Frankli~ Inc Co I - I -- , INSURER ß. ,-, -. -. -- ,- I .- Chas. Lunsford Sons & Assoc., INSURER C' .-- - - .-.. -I~ ,- P. O. Box 2571 INSUHU{ 0 Roanoke VA 24010 - - .--. .-- - .- . INSURER E COVERAGES nIL J-'OU':JF~ DF INSUHANCE lISTF.D BELOWIIAVE BF.FN ISSUED TO IHE INSURED NAMLD AE'lOVF. FOR IHE POliCY PI:HIOO INmt;ATED. NOTWITHSTANDING ANY RFOUIR[.MI:.NT. TERM OR CONQIIION or ANY CONTRACl OR. OTHER nOClJM(NrWITH RF.SP£CT 1'0 WHICH TillS CERTJFJC..o,T[ MAY BE ISSUF.D OR MAV PER7AIN. TIlL INSURANCE' AFFORDED I3Y lHE POllcrF.S DE:.SCRlBED HERFIN IS Sl/l3JECT TO AI.L THE TERMS EXCLUSIONS ANn (;(lNDITlONS OF SlJel \ POLlC!F.S AGGR!:.GAll:. LIMITS SHOVVN MAY HAVE BEEN RFnUCED BY PAID CLAIMS INSR AOO'~- ._._n. '-1--'--' þD~1~TJ~fJtf~!XE- Pgk~1Yf~~b'b~~qN- ,-, -" - LTRINSRD TYPE OF INSURANCE POLICY NUMBER LIMITS ~ERAL LIABILITY I EACH OCCURRI. NG[ . ---.2J. ' 000 , O-º-º---- A \_~ I C(')fy1MERCIA~ GI::NE~~l.l.IAAIl.ITY CPP 2021694 D6/30/05 06/30/06 DAMAGE'T{)ï:U-NILU . ' 50 ".000 : PRFMIS~S (L(: '-'c·.:lJ·l"":"....~ - . . I CLAIMS MADE ._~ OCCUR I MED .EXP (AllY (·ne rC!r!õc:.! I' 5,000 I PFRSONAL.<;' AOV INJURY , 1,000,000 -, -.. .-. ..-. -----. I GFN~RALAGGR.L~ATE .!:3 2, 600 I OÖ_º ,.~;F~·L AG01{LGA r.E lIMI7 APF.S PER' PRODUCTS-COMPiOI-'AG3 i S 2,000 I 000 .. ; I [,RO- , -- T- i PO..ICY .JE:.C r LOr; , I ~~TOMOBILE LIABILITY ! I COMElINI:.D S,NGlF. IIM;T I, I __I Af'.. Y AUTO ~E>l ;¡r.r.irwnli I ! ALL OWNED AUTOS .-.- -,- ,- BODILY INJURY I : IPerr,,:¡r!õonl $ SCH1:0ULLD AU' OS ,----- .- t' H"'O '''''JS : BODilY INJURY ! NON-OWNED AUTOS I rPera:clden!) .' , 1- ~ROPERTY DAMAGE ..-.- I -------.. i , I I (pel a~.clrl<mll i ~RAGE LIABILITY I I AUTO Ot>lL Y.- EA ACClnFN.: ;' I -- AN\" AllTO I OTHER THAN FAA\,(; S ... ! AUlD ONLY -AGGjS I i EX~ESS/UMBRELLA LIABILITY I ! EACH O(;I~lJl{l{[N(,[ I~ ¡ I OCCUR I - CL,\IMS MADE . AGGREGATE . I .-.- !~ ____n , n. ....-- , DEDUCTIBLE ; , I ,_. , i~i::'r ENTION , , I WORKERS COMPENSATION AND I T~~~Y~~!~:~S : IU!~' EP.. EMPLOYERS' LIABILITY ¡, - , ANY 1-'1~(;~r~IETOR;PARTNER;EXECUTIVE ! L L. [ACH ACCIDENT O~ ~ IC=!~'tv'.EMBER EXCLUDED? -. E L OISFASF - FA E=.....i'i..()YE:.E ~ II ,."'~ .- .;!~.'-r1::p. ..ndm -- SPI:CIAL PI{OVISIONS b>:>lcw E.L DISEASE - POLICY LIMIT ~:; OTHER ! ¡ : , DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES f EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS It is understood and agreed that the City, its officers, agents, employees and volunteers are named Additional Insured ATlMA as respects Ordinance No. 37341-040306. CERTIFICATE HOLDER City of Roanoke Office of the City Clerk Att: Mary F. Parker, CMC 215 Church Ave., SW, Room Roanoke, VA 24011 CANCELLATION ACORD 25 (2001/08) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE I:.XPIRATIOo..¡ DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 030 OAYS WRITTEN N9.TICE.TO T!iE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. AU R ~RESENT Ú,¿ 456 ©AcORD CORPORATION 1988 Chas. Lunsford Sons & Assoc. P.O. Box 2571 Roanoke VA 24010 Phone: 540-982-0200 Pax:540-344-4096 .-""! OP ID SB DATE (MMiD~i:~YYJ CHASL-1--1 06/23106 I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ~L TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. J-'!:I~URERSAFFORDINGGOVERAGE I NAIC # . I"J::;J:~:"':~ I,: R~public-:_Fr~nklin Inc Co ACORD. CERTIFICATE OF LIABILITY INSURANCE PRODUCER ·IJ.lSURED ).~; li~SUR¡::R ~ Chas. Lunsford Sons & Assoc" P. O. Box 2571 . Roanoke VA 24010 ' tJ~JlJHI-R C i ;,5Lr,Er~ u [~;u!-/~:;: E - .!- , COVERAGES ¡ 1-1: PCLICIES OF .~,St,,;R.~'K.E L sn:lJ :-lI::J)W HAV:':: 1:31-:1-f' If·,sJ:::: Tr¡ I il~ ~,SLr<E~ W,t:·I:Ll ;.,:-!r;'/~ F(:f-: 1111-: I (~. ;(.'1' PEr"(I():.) tm 0AT!:~. t·ICIW T"¡::'TAtJl)i'.:' A~l"1 HEJL..I.:"¡l::r.1FrH TEr::M vI{ cDt,r:OI:-I(:rJ;)1- ""',y .::,-;'rR~CT 01~ uIHI-"~ r'·")(.J\1::ill ~'¡I: II .:;:.=~.:-EGT I f.~ \,¡, I:CH TH S eLI{T F'CATE \IA'I' 3F 'SSU¿~: m·~ ~.1AY I'I-RTAI:·J T -I[ IN;;d.~AiJGf. Arr,)RL11-li AY THE p:.)l Cil::S ::::=,)(;~iREC' 1'l::kl-:l,'J I.~ ,51)Ei,le:,.: I I,) ,\L:. '~H¡:: T=::~;..l.'.ì 1:::-:(;; liS I)r~::; NIL; CC¡,CITlVJS n;: ~,, C-l rOI r::I!:S At,;...;:..¡:-:(:¡,;:F. ..1'.1"1 S ~II(W~rJ '.IA·{ Ht,v[ i:l1::1::.. ;':l-'r.'UCED ~n' 1-',\:1.) \-.1 ;':,!t.1S INSR-ADD'L' ...-. -- j .-- - POLICY EFFECTIVE Pgk~~Y(~~hRD~~~~N .-- -- - ..- L TR INSRD TYPE OF INSURANCE POLICY NUMBER DATE (MM!DDiYV) LIMITS I I GENERAL LIABILITY I I I EN::' I (;CC.J;~:~!... 'Ie::: ! , ~,OOO, 000 \" ~_..2::':'.:ER:::IA_ GLNI::f.:l,. I I);,MAGFTO l-\Lr~l¡:n- A , .IA3·L·Tï cpp 2021694 06/30/06 06/30/07 PRI-f,l SES ¡E;:¡ :,'.':I_r"'rc·~ S 50,000 , i I -. -¡- - ! (:~A:\~.s ~,IAr f= X ::"'_'-'l;11 '.ll::Ll ~.>:í' (All:, ~.';~ ¡a:r',(n¡ , 5, 000 , - .- -' .- .n I ;'ER3(11;:,L :if,r¡\' IJJJ:~', ~,OOO, 000 -- -' .--.. I .- ..-. .--.J I i ,";:""ll-P./;! ."(,(,r~L(':'AI¡: , 2,000,.000 .. -- - ---. -- .- \ ~~I;NL ,,\(ìGREGA.I:: L~t.1IT ';"1':.1;;:5 I-'LI~: ! \ PRv_,J,-_\" \.CI,lP;:)P ;,(,;,:, ~,OOO, 000 - . ='OLlCY ~E~T. ,OC ¡ i AUrOMOBILE LIABILITY I I , , I Cç·\!3I.'J:..~;;'rJG:._E !..It,1 I , " 1- ;.,-·nf,L..IO ! ,I::~ ::II:.;i H~'II! " I --- -' - ,\Ll r.:W'~ED AU f(),; I -- ¡ I ö~J[):1 Y 1',jIJ,J,\" , SGHF:;JU.:U f,U IOS ("""!J",r;;:)I)) i .". .- --. .-. -- .--. - H.RED_~J:üS I I I eC:::Lï tJJlJ¡"¡Y .. ~. ,'mt·I·O'.Vt·JF.[lAL.:IIJ.:i tr"1 ;i,-r..:Ôtwl: i ¡- - ¡ -. -- i --- -- I rROf-'l.:.I-:I·{ ~;A.\1.l.;';:E. , .. ;:->r.:~ ,;·:....l~...n: I ~ ¡ ::¡. GARAGE LIABILITY I AU I () O:-"L Y - [" !'\::(.I~,::;:IH I '. , ' I I - .-. --- .- ,\f-J, AJTC' I GTHm '11M~ ~ "AC':; S - -- -- , I AIJTOC;tJLY: .,_r I S "00 ! EXCESS¡UMBRELLA LIABILITY I LAGI, OCCJ;~i~d·Ir.E. I ; --....., r-I -- - .-- -- , ::..lCC:.J~ C.AI\l.S, t.IAÜ[ I ';G!3:~!...'-'.\ 'F , -- I -- .-. -. -. -- I L s I -. --. .--. - I DEDU";:lël := I s --. .- .- - --- f-----'--- I ~¡:T:=r-JT O~, , ; , ¡ -.--- I ,'~,~ .;; ¡", I,. , i:';.II· --- 'NORKERS COMPENSATION AND I . TCI~Y .11.1. r:-:.. l:.!:<~_. EMPLOYERS' LIABILITY - .- - ¡,,'J'I'P.21;>:;: FT')I'.::'>,\RT'~:=;:¡·F.~.f.'-l:1 \"E L_ b\:::hA(.CIUi:tll ; I - -- ---. -- I (".,nC::;::·,Ii::\l:~~·f~ r. >.C _t.:L11::1.).' L_ DI ~FA::': :"':"1::'::' .')"{[[ , :!;: I '1 } c ,;. ,;, l~,..1 ·lJl- \': 1:.J o:-r I --. - i -- -- , SPF:IAL ¡"',...:OVI,': Qt,S b",~vw ¡ I LL Ll ~:FASI f'{)Lle'JIIMI- , OTHER --- ! ! A I Property I cpp 2021694 I 06/30/06 06/30/07 B1kt LInt $1,811 ,600 Ded. $1 000 DESCRIPTION OF OPERATIONS; LOCATIONS; VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT i SPECIAL PROVISIONS , - It is understood and agreed that the City, its officers, agents, employees and volunteers are named Additional Insured ATlMA as respects Ordinance No. 37341-040306. CERTIFICATE HOLDER City of Roanoke Office of the City Clerk Att: Mary F. Parker, CMC 215 Church Ave., SW, Room 456 Roanoke, VA 24011 CANCELLATION SHOUI.D ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATlor~ DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 030 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR , -,\~ORD 25 (2001;08) D CORPORATION 1988 CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov April 3, 2006 Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Encroachment at 16 Church Avenue, SE, Tax No. 4011310 Charles Lunsford Sons & Associates, Inc. has requested permission to install a new gas meter on the side of their building at 16 Church Avenue, SE, to allow the replacement of their existing heating system with a gas system. As the building wall is constructed on the property line, the meter would extend beyond the property line encroaching into Century Square Park. See Attachment #1. The proposed meter would extend approximately twelve (12) inches into the park, at a height of approximately eight (8) inches, extending upward twenty-two (22) inches, and will be fourteen (14) inches wide. Liability insurance and indemnification of City by the applicant will be provided as specified in the attached exhibit. See Attachment #2. Recommended Action(s): Adopt the accompanying ordinance, to be executed by the applicant and kept on file in the City Clerk's office for the City of Roanoke, to grant a revocable license to the applicant to allow the installation of a new gas meter at 16 Church Avenue, SE, encroaching into Century Square Park. Respectfully submitted, Darlene L. g~rcham City Manage¥ 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 CM06-00045 Attachment #1 Logan Forsyth Building Photos (3) Attachment #2 INSURANCE REQUIREMENTS FOR ENCROACHMENTS ON CITY PROPERTY COMMERCIAL Owner shall obtain liability insurance coverage with respect to claims arising out of the subject matter of this agreement. The amount of such insurance shall not be less than: A. General Aggregate $1,000,000 B. Products - Completed/Operations Aggregate $1,000,000 C. Personal and Advertising Injury $1,000,000 D. Each Occurrence $1,000,000 Ee Above amounts may be met by umbrella form coverage in a minimum amount of $1,000,000 aggregate; $1,000,000 each occurrence. Owner shall name the City, its officers, agents, employees, and volunteers as additional insured as its interests may appear on the above policy. Such coverage shall not be canceled or materially altered except after thirty (30) days prior written notice of such cancellation or material alteration to City Engineer of the City of Roanoke. Owner shall indemnify and save harmless the City of Roanoke, its officials, officers and employees, from all claims for injuries or damages to persons or property that may arise by reason of the encroachment onto city property. 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 9515036 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~rginia. Sworn and subscribed before me this _~-_~__day of March 2006. Witness my hand and official seal. [~~ ;~/f~l~/~f~%Notary Public PUBLISHED ON: 03/27 TOTAL COST: 201.48 FILED ON: 03/27/06 Ayllllll, $.£. The Ills 124~h day of Mll~Ch, ~00~. Billing Services Represe~ative NOTICE OF PUBLIC HEARING The City of Roanoke proposes to allow the encroachment of a gas meter into Century Square Park, from property bearing Official Tax No. 4011310, known as 16 Church Avenue, S.E. The gas meter will extend twelve (12) inches into Century Square Park at a height of approximately eight (8) inches, extending upward twenty-two (22) inches, and the meter will be fourteen (14) inches wide. Pursuant to the requirements of §§ 15.2-1800(B) and 15.2-1813, 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 April 3, 2006, commencing at 2:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Further information is available from the Office of the City Clerk for the City of Roanoke at (540) 853-2541. Citizens shall have the opportunity to be heard and express their opinions on such matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office (853-2541), before 12:00 noon on Thursday, March 30, 2006. GIVEN under my hand this 24th day of Y-arch ,2006. Mary F. Parker, City Clerk. K:/NOTICES\NE CHAS LUNSFORD (16 CHURCH AVE) 040306 DOC Notice to Publisher: Publish in the Roanoke Times once on Monday, March 27, 2006. 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 Stephanie M. Moon, CMC City Clerk Deputy City Clerk Sheila N. Hartman Assistant City Clerk April 6, 2006 File #47 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of a petition submitted by Yellow Cab Services of Roanoke, Inc., requesting an adjustment of rates for taxicab service and for-hire automobiles in the City of Roanoke; i.e.: the addition of a fuel surcharge of $1.00 per trip to be added to the current meter price charged per trip, with the understanding that the proposed fuel surcharge will be eliminated if the average posted price of a gallon of gasoline drops below the price of $2.00 per gallon for a period of six months, which petition was before the Council of the City of Roanoke at a regular meeting on Monday, April 3, 2006. The petition was referred to the City Manager for study, report and recommendation to Council. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attach ment pc: W. E. Roberts, President, Yellow Cab Services of Roanoke, Inc., 1325 7* Street, N. E., Roanoke, Virginia 24012 L:\CLERK~DATA\CKEWI~AGENDA CORRESPONDENCE'agenda correspondence 06V~pr 06~pr 3 06 correspondence.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 City Web: www.roanokeva.gov April 3, 2006 The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: I would like to sponsor a request from William Roberts, President of Yellow Cab Services, to present to City Council a revised petition for a taxicab rate increase. Respectfully submitted, DLB:sm C: City Attorney Director of Finance City Clerk March 16, 2006 Darlene Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: Thank you again for agreeing to sponsor our petition to Council for a fuel surcharge. As I mentioned in our conversation, this surcharge would help to offset the hardship our drivers are faced with concerning the high cost of gasoline. I have attached a copy of the petition to be presented at the ~pril 3~ra session of City Council. Since our request is not for a permanent rate increase and is subject to revocation if gasoline prices fall, I would appreciate any consideration to having this petition enacted on an emergency vote. If you need any additional information, please call me. Thanks again Darlene. In addition, due to a conflict in our schedule, our general manager of 15 years, Allen Carlisle will present our petition to Cotmcil. If our plans change, my brother Steve and I will be in attendance. Sincerel W.E.Roberts, President Yellow Cab Services of Roanoke, Inc. PETITION TO THE COUNCIL OF THE CITY OF ROANOKE Yellow Cab Services of Roanoke, Inc., hereby respectfully petitioas the Council for an adjustment in the rates (fuel surcharge) for taxicab service and for-hire automobiles in the City o£ Roanoke, which rates are regulated by Cotmcil under Section 34-130 o£the Code of the City of Roanoke (1979), as amended. Since our last rate increase (spring, 2004), gasoline pump charges have risen from an average of $1.10 per gallon to $2.39 per gallon. In addition, currem indicators suggest gasoline prices will continue to dramatically increase. In an effort to maintain service and retain taxi drivers, your petitioner is compelled to petition Council for the addition ora fuel surcharge. The proposed fuel surcharge of $1.00 per trip would be added to the current meter price charged for each trip. The fuel surcharge would be posted on our rate stickers displayed in each taxi and is in line with what other taxi companies in Virginia are charging or are seeking to charge (attachment). The proposed fuel surcharge would greatly assist our drivers in partially offsetting the escalating gasoline prices. Furthermore, Yellow Cab Services of Roanoke~ !nc.. would aeree to droo the orooosed fuel surcharge, if the average posted price of a gallon of gasoline dropped below the price of $2.00 per gallon for a period of six months. With very strict insurance requirements governing new drivers driving records, it has become increasingly difficult to obtain competent, responsible drivers. The requested fuel surcharge will help to maintain current income levels to this traditionally underpaid segment of the work force. In addition, this requested increase would help our company attract new drivers, which will better serve Roanoke Valley residents. Taxicab service in Roanoke is provided by Yellow Cab (35 vehicles), Liberty Cab Company (5) vehicles, Northwest Cab Company and Quality Taxi Company. These companies have continued to meet adequately the public's need for taxicab services in the City of Roanoke, but cannot continue to do so unless the proposed fuel surcharge is granted. The proposed fuel surcharge is in line with those proposed or in effect in major cities in Virginia. It should be noted that many cities levy extra charges not found in Roanoke (e.g., for packages, laundry, night service, etc.). It should be further noted that the taxicab industry is not subsidized in any manner whatsoever by any governmental agency, at any level. It is respectfully requested that the Council grant the request of this petition as expeditiously as possible. March 15, 2006 Respectfully submitted, Yellow Cab Servic~ofRoanoke, Inc. W.E.Roberts, president Attachment March 2006 Taxicab Fuel Surcharge Survev Red Top Cabs / Arlington / Fairfax-Fuel surcharge of $1.00 per trip. Expires April 2006. Charlie King contact. Black & White Cabs, Norfolk, VA- Fuel surcharge of $1.00 per trip. Judy Swystun Hampton, VA-Same as Norfolk. Yellow Cab-Charlottesville, VA- Rate increase planned. Lee Graves Veteran's Cab-Richmond, VA- $1.00 Fuel surcharge planned. Will appeal to June Council meeting. Rob Richmond. CITY OF RO_.:ANOKE Office of the C,ty Clerk Mary F. Parker, CMC Stephanie M. Moon, CMC City Clerk Deputy City Clerk Sheila N. Hartman Assistant City Clerk April 6, 2006 File #60-365 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, April 3, 2006, Debbie Pitts, Executive Director, Virginia Explore Park, requested an additional $13,600.00 for Explore Park for fiscal year 2007. The request was referred to the City Manager for study, report and recommendation to Council. Mary F. Parker, CMC City Clerk MFP:ew Attachment pc: Debbie Pitts, Executive Director, Virginia Explore Park, P. O. Box 8508, Roanoke, Virginia 24014-0508 Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget L:\CLERK~DATA\CKEWI~,GENDA CORRESPONDENCE~agenda correspondence 06~pr 06~pr 3 06 correspond6n~e.doc March 27, 2007 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: The Agency Funding Advisory Committee, a sub-committee of the Roanoke Arts Commission, met on March 14, 2006 to hear an appeal filed by Virginia's Explore Park. The Committee recommended $36,400 to Explore Park for FY2006-07. Although unable to fund Explore Park's entire request of $50,000, the Committee would like to express support of the additional request of $13,600 in an effort to sustain the park during the critical transition period. Sincerely, AGENCY FUNDING ADVISORY COMMITTEE Charles Jordan Chairperson CJ:gr Explore Park Funding Appeal March 14, 2006 · Thank you for the increase of $1015 in funding for the park and for allowing me the time to talk with you again. · I realize that you have a fixed amount of funding that you need to allocate within the community. As we discussed on February 28, this is a critical funding year for the park and an exciting economic development opportunity for the region. We need everyone's help to keep the park operating while the developer completes the inspection and planning for the project. There are several reasons that the park needs to continue to operate. o To protect and preserve the assets of the park o To continue to provide SOL-based education to over 12,000 school children o To support the efforts of Virginia Living Histories in the due diligence and planning phases o To plan for an orderly transition of the park to VLH ! would like to request that you consider asking City Council for a special appropriation of an additional $13,600 for Explore Park this year. 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) 85%2541 Fax: (540) 853-1145 April 3, 2006 Council Members: M. Rupert Cutler Alfred T. Dowe, Jr. Beverly T. Fitzpatrick, Jr. Sherman P. Lea Brenda L. McDaniel Brian J. Wishneff The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mayor Harris and Members of Council: We jointly sponsor a request of Alfred C. Anderson, Chair, Virginia Recreational Facilities Authority, to present an update regarding Explore Park projects at the regular meeting of City Council to be held on Monday, April 3, 2006, at 2:00 p.m. Sincerely, Beverly T. Fitzpatrick, Jr., Vice~layor · upert Cutler, Council Member BTFJr/MRC:snh pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Mary F. Parker, City Clerk MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, 'v'u~ginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ ci.roanoke.va.u s April 6, 2006 File #9-60 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Jacqueline L. Shuck, Executive Director Roanoke Regional Airport Commission 5202 Aviation Drive, N. W. Roanoke, Virginia 24012-1148 Dear Ms. Shuck: I am enclosing copy of Resolution No. 37342-040306 approving the Roanoke Regional Airport Commission's 2006-2007 proposed operating and capital budget, upon certain terms and conditions, as more fully set forth in a report from the Airport Commission dated March 15, 2006. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 3, 2006, and is in full force and effect upon its passage. /,~x a.n.,_~ ~, {~b.,~n~Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosure pc: Diane S. Childers, CMC, Clerk, Roanoke County Board of Supervisors, P. O. Box 29800, Roanoke, Virginia 24018-0798 Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget L:\CLERK~ATA\CKEWI~AGENDA CORRESPONDENCE~agenda correspondence 06V~or 06V~or 3 06 correspondence.doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of Apr±l, 2006. No. 37342-040306. A RESOLUTION approving the Roanoke Regional Airport Commission's 2006-2007 proposed operating and capital budget upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that in accordance with the requirements of the Roanoke Regional Airport Commission Act, as amended by the General Assembly of Virginia, Chapter 385, 1996 Acts of Assembly, and the Roanoke Regional Airport Commission Contract dated January 28, 1987, as amended by First Amendment, dated December 6, 1996, the City of Roanoke hereby approves the Airport Commission's 2006-2007 proposed operating and capital budget, as well as a separate listing of certain proposed capital expenditures, as more particularly set forth in a report from the Commission to this Council, dated March 15, 2006. City Clerk. K:\Measures\Airport Cormnission Annual Budget 2006.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 City Web: www.roanokeva.gov April 3, 2006 The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: I would like to sponsor a request from Jacqueline Shuck, Executive Director of Roanoke Regional Airport Commission, for submission of the Roanoke Regional Airport Commission Fiscal Year 2006 - 2007 Operating Budget. Respectfully submitted, City Manager DLB:sm C: City Attorney Director of Finance City Clerk ROANOKE REGIONAL AIRPORT COMMISSION 5202 Avlcrllon Drive Roanoke, VA 24012-1148 (540) 362-1999 FAX (540) 563~838 www, roanokeairport,com March 15, 2006 Honorable Mayor and Members Roanoke City Council 215 Church Avenue, SW Roanoke, Virginia 24011 Re.' Roanoke Regional Airport Commission Fiscal Year 2006- 2007 Budget and Proposed Capital Expenditures Dear Mayor Harris and Members of Council: In accordance with the requirements of the Roanoke Regional Airport Commission Contract dated January 28, 1987, as amended, the Roanoke Regional Airport Commission is hereby submitting its Fiscal Year 2006-2007 Operating Budget (Attachment I) for approval. This Budget was adopted by the Commission at its meeting on March 15, 2006. We are also providing a separate listing of Capital Expenditures which are expected to exceed $100,000 in cost and are intended to benefit five or more future accounting periods (Attachment II). You will note that no deficit is anticipated in either the Operating Budget or for the listed Capital Expenditures; therefore, no additional appropriations are being requested or anticipated from the City or the County of Roanoke. Formal approval of the Operating Budget and the Capital Expenditure List by resolution of each of the participating political subdivisions would be appreciated. I would be pleased to respond to any questions or comments that you may have with regard to this matter. On behalf of the Commission, thank you very much for your assistance and cooperation. Very truly yours, ., /2-~ Jacqueline L. Shuck Executive Director Enclosures CCl Chairman and Members, Roanoke Regional Airport Commission Mark Allan Williams, General Counsel, Roanoke Regional Airport Commission William Hackworth, Roanoke City Attorney Mary F. Parker, Clerk, Roanoke City Council csp031606 Comm\2OO6cit ycount ybudget .Itt ATTACHMENT I ROANOKE REGIONAL AIRPORT COMMISSION FOR YEAR 2006-2007 BUDGET 2005-2006 2006-2007 Budget Budget Percentage EXPENSE BUDGET Expenditures Expenditures Change Operations and Maintenance Expenses A. Salaries, Wages and Benefits $ 3,328,926 $ 3,641,577 9.4% B. Operating Expenditures 2,682,410 2,909,073 8.4% C. Other Maintenance & Improvement Projects 30,000 53,68(3 78.9% Total Operations and Maintenance 6,041,336 6,604,32§ 9.3% 2. Non-Operatin,q Expenses A. interest 294,947 254,012 -13.9°/~ B. Debt Service 448,021 466,103 4.0°A Total Non-Operating 742,968 720,115 -3.1% 3. Capital Expenses A. Capital Projects and Purchases 153,30(} 131,782 -14.0% B. Multi -Year Projects 66,380 C -100.0% Total Capital Expenses 219,68(} 131,782 -40.0% Total Budgeted Expenditures $ 7,003,984 $ 7,456,226 6.5% 2006-2007 Revenue Projected REVENUE PROJECTIONS Projection Revenues Change 1. Operating Revenues A. Airfield $ 1,471,093 $ 1,370,247 -6.9% B. General Aviation 302,055 387,792 28.4% C. Terminal Related 4,306,333 4,723,668 9.7% D. Other Revenues 399,401 392,001 -1.9% Total Projected Operating Revenues 6,478,883 6,873,708 6.1% 2. Non-Operating Revenues A. Interest from Debt Service 25,000 30,000 20.0% B. Interest on Investments 480,600 609,500 26.8% C. Non Capital Grants 197,100 160,900 -18.4% Total Projected Non-Operating Revenues 702,700 600,400 13.9% Total Proiected Revenue $ 7,181,583 $ 7,674,108 6.9% ATTACHMENT II Proposed Capital Expenditures (For projects expected to exceed $100,000 in cost and intended to benefit five or more accounting periods) Projects A. Rehabilitation of General Aviation Area Phase III: Description: Rehabilitate and upgrade final aircraft taxilane and GA aircraft parking area; improve drainage. 2. Justification: Phases I and II of the General Aviation Rehabilitation Project were and are expected to be completed in late fall 2001 and May of 2006, respectively. The latest Master Plan update includes the rehabilitation of all GA taxilanes, with the final area being a portion of a former runway, as well as the parking area for itinerant GA aircraft. This area would also receive improved drainage. Estimated Cost: $2,500,000 B. Overlay GA and Portion of Cargo Roads: Description: Grind and pave portion of Aviation Drive near the new air traffic control tower and worn areas of Cargo Road. 2. Justification: Both roads, which are public use, but privately owned by the Commission, are showing wear and tear, especially due to large trucks carrying air cargo. Estimated Cost: $130,000 C. Upgrade Terminal HVAC System: Description: Upgrade pneumatic system with electronic DDC controls, expand system to meet needs of redesigned spaces. 2. Justification: After a complete testing and evaluation of the HVAC system, it appears that the pneumatically controlled VAV boxes and system are no longer holding up well. In addition, the system is in need of upgrading for more energy efficiency and certain parts have reached the end of their useful life and should be replaced. Estimated Cost: $600,000 Attachment II Page 2 Provide Security Enhancements to the Terminal Front: Description: Provide large, reinforced planting areas, lighting, and bollards to improve the security of the terminal front. 2. Justification: As part of an airport-wide project to provide capital improvements that enhance security, the terminal front plaza has been identified as a possible vulnerability area. This project will provide added security against vehicle entries into or near the terminal by constructing improvements, which are aesthetically pleasing and functional. Estimated Cost: $500,000 Upgrade and Replace FIDS and Intercom Systems: Description: Upgrade and/or replace the Flight Information Display System and terminal intercom system. 2. Justification: The two major communications systems providing information to passengers in the terminal building are approaching the end of their useful lives. Both computerized systems are becoming quite difficult to repair and cannot be expanded. New combined systems are now available. Estimated Cost: $120,000 Construct Multi-Bay Aircraft Hangar: Description: Construct a hangar with up to four bays for corporate aircraft and/or small, single service FBO operations. 2. Justification: With the completion of GA Redevelopment: Phase II, area is now available for the development of a multi-tenant hangar complex to be leased to corporations and/or fixed base operators providing a single type of aviation services to aircraft owners or the public. This "row" hangar is a more efficient use of the limited space available for development. Estimated Cost: $1,500,000 Attachment II Page 3 II. Anticipated Funding Sources: Federal AIP Gram Funds State Aviation Grant Funds Commission Capital Funds Commission Bond Proceeds City and County Funds Estimated Total Projects Funding $2,375,000 1,205,000 270,000 1,500,000 $5,350,000 jls/O7Cap. Proj.City/County RESOLUTION OF THE ROANOKE REGIONAL AIRPORT COMMISSION Adopted this 15th day of March 2006 No. 12-031506 A RESOLUTION approving and adopting the Conunission's Operating and Capital Purchase Budget for fiscal year 2006-2007. BE IT RESOLVED by the Roanoke Regional Airport Commission that the fiscal year 2006-2007 Operating and Capital Purchase Budget for the Commission as set forth in the report and accompanying attachment by the Executive Director dated March 15, 2006, is hereby approved; BE IT FINALLY RESOLVED that the Executive Director is authorized on behalf of the Commission to submit the fiscal year 2006-2007 Operating and Capkal Purchase Budget, as well as a list of Proposed Capital Expenditures, to the Roanoke City Council and the Roanoke County Board of Supervisors for approval pursuant to the contract between the Commission, Roanoke City and Roanoke County dated January 28, 1987, as amended. ATTEST: VOTE: AYES: Dooley, Macfarlane, Minnix, Whittaker, Turner NAYS: None ABSENT: None MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vffginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ ci.roanoke.va.us April 6, 2006 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk File #60-253 John R. Hubbard, P. E. Chief Executive Officer Roanoke Valley Resource Authority 1020 Hollins Road, N. E. Roanoke, Virginia 24012-8011 Dear Mr. Hubbard: I am enclosing copy of Resolution No. 37343-040306 approving the annual budget of the Roanoke Valley Resource Authority for Fiscal Year 2006-2007, in the amount of $8,790,040.00, upon certain terms and conditions, as more fully set forth in a letter dated March 22, 2006, from the Chair, Board of Directors, Roanoke Valley Resource Authority. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 3, 2006, 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 Jesse A. Hall, Director of Finance Robert K. Bengtson, Director of Public Works Sherman M. Stovall, Director, Office of Management and Budget Diane S. Childers, CMC, Clerk, Roanoke County Board of Supervisors, P. O. Box 29800 Roanoke, Virginia 24018-0798 Darleen R. Bailey, Clerk, Town of Vinton, 311 S. Pollard Street, Vinton, Virginia 241 79 L:\CLERK\DATA\CKEWl\AGENDA CORRESPONDENCE~genda correspondence 06Wpr 06'va,,pr 3 06 correspondence.doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of April, 2006. No. 37343-040306. A RESOLUTION approving the annual budget of the Roanoke Valley Resource Authority for Fiscal Year 2006-2007, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the annual budget for the Roanoke Valley Resource Authority for Fiscal Year 2006-2007, in the amount of $8,790,040 is hereby approved, all as more particularly set forth ina letter to the City Manager, dated March 22, 2006, from Bittle W. Porterfield, III, Chairman, Board of Directors of Roanoke Valley Resource Authority, copies of which have been provided to Council. City Clerk. K:hM easures~rwabudget.2007.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 City Web: www.roanokeva.gov April 3, 2006 The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: I would like to sponsor a request from Steven R. Barger, Operations Manager of Roanoke Valley Resource Authority, for submission of the Roanoke Resource Authority's 2006 - 2007 Annual Budget. Respectfully submitted, DLB:sm c: City Attorney Director of Finance City Clerk ROANOKE VALLEY RESOURCE AUTHORITY March 22, 2006 Ms. Mary Parker, CMC City Clerk, City of Roanoke Municipal Building Room 456 215 Church Avenue, SW Roanoke, VA 24011-1536 Dear Ms. Parker: In accordance with the Member Use Agreement, the Resource Authority is submitting its 2006-2007 annual budget to the City Council for approval. Enclosed are copies of the 2006-2007 budget for each member of the City Council. A copy of the budget, along with the attached letter, have been sent to Ms. Burcham, requesting that she initiate action for approval of the budget by the City Council. If you have any questions or if you need additional copies of the budget, please let me know. Your help with this matter is appreciated. Sincerely, John R. Hubbard, P.E. Chief Executive Officer cc: Bob Bengtson 1020 Hollins Road, NE Roanoke, Virginia 24012-8011 (540) 857-5050 Fax (540) 857-5056 Web Site: www.rvra.net ROANOKE VALLEY RESOURCE AUTHORITY 2006-07 BUDGET Board of Directors The Roanoke Valley Resource Authority Board of Directors is comprised of seven members appointed by the charter member jurisdictions. Four members represent Roanoke County, two members represent Roanoke City and one member represents the Town of Vinton. The Authority Board is governed by its Articles of Incorporations, Bylaws and the Members Use Agreement. Bittle W. Porterfield III Chair Anne Marie Green, Vice Chair County of Roanoke Diane D. Hyatt, Treasurer County of Roanoke Keith Tensen County of Roanoke Robert K. Bengtson City of Roanoke Kevin S. Boggess Town of Vinton Suzie Snyder County of Roanoke Staff The Roanoke Valley Resource Authority is directed by a Chief Executive Officer with 29 employees. John R. Hubbard Chief Executive Officer Deborah T. Charles Board Secretary Counsel The Resource Authority receives legal counsel through a contract with the Roanoke Regional Airport Commission. Mark A. Williams, Esq. General Counsel Roanoke Valley Resource Authority TABLE OF CONTENTS Budget Summary Revenues Expenses * Personnel * Operating Capital * Debt Service Bond/Budget Comparison Tipping Fees Breakdown Rutrough Road Landfill Appendix * Resolutions 1 3 4 6 12 13 14 14 15 16 18 -- Roanoke Valley Resource Authority BUDGET SUMMARY 2006-2007 BUDGET -- Roanoke ValleyResourceAuthority SUMMARY - REV]~NErE Disposal Fees Interest Income Transfer from General 5~plus Sale of Recydable Material Miscellaneous Transfer - Rutrough Road 2006-2007 $ 7,401,700 $ 48Z720 $ 783,555 $ 26,O00 $ 28,000 $ 68,065 Tota~ $ 8,790,040 EXPENSES Personnel Operatkng Capital Transfer to Reserves Debt Service $ 1,618,535 $ 3,251,186 $ 3,000 $ 1,160,000 $ 2,757,319 Total $ 8,790,040 DISPOSAL I~EES Mtmidpal Private Per Ton Per Ton $45 200&2007 BUDGET Roanoke Valley Resource Authority SUMMARY BUDGETS REVENUE Disposal Fees Interest Income Transfer from General Surplus Sale of Reckdable Material Miscellaneous Tra2sfer - Rutrough Road TOTAL EXPENSES Personnel Operating Capital Transfer to Reserves Debt Service TOTAL 2001-02 2002-03 2003-04 2004-05 2005-06 2006-07 $ 6,755,525 $ 6,727,925 $ 6,719,800 $ 7,260,200 $ 7,255,240 $ 7,401,700 $ 1,000,000 $ 700,000 $ 446,340 $ 371,340 $ 371,340 $ 482,720 $ 519,000 $ 800,000 $ 876,329 $ 875,310 $ 860,885 $ 783,555 $ 28,000$ 24,000$ 30,000$ 31,000$ 24,000 $ 26,000 $ 21,000 $ 18,000 $ 1%500 $ 28,000 $ 28,000 $ 28,000 $ $ $ $ 62,665 $ 67,205 $ 68,065 $ 8,323,525 $ 8,26%925 $ 8,091,969 $ 8,628,515 $ 8,606,670 $ 8,790,040 1,393,955 $ 1,378,030 $ 1,390,008 $ 1,516,632 $ 1,581,987 $ 1,618,535 2,780,344 $ Z758,413 $ 2,747,717 $ 2,871,757 $ 3,078,558 $ 3,251,186 215,200 $ 193,500 $ 20,000 $ 312,600 $ 15,000 $ 3,000 1,160,000 $ 1,160,000 $ 1,160,000 $ 1,160,000 $ 1,160,000 $ 1,160,000 2,774,026 $ 2,779,982 $ 2,774,244 $ 2,767,526 $ 2,771,125 $ 2,757,319 8,323,525 $ 8,269,925 $ 8,091,969 $ 8,628,515 $ 8,606,670 $ 8,790,040 DISPOSAL FEES Municipal $ per ton Private $ per ton 51 51 42 42 45 45 55 55 55 55 55 55 % INCREASE in expenses 3.3% -0.6% -2.2% 6.6% -0.3% 2.1% 200(~2007 BUT)GET Roanoke Valley Resottrce Authority REVENUES 2006-2007 BUDGET Roanoke Resou,c Autho REVENUES CODE DESCRIPTION FY05-06 FY06-07 JUSTIFICATION 493 Total Tipping Fees $7,255,240 $ 7,401,700 Based on tormage receipts of: 157,510 Municipal 94,500 tons @ 45 S 4,252,500 Commercial & Private 42,050 tons @ 55 $ 2,312,750 Residential 6,200 tons @ 45 $ 279,000 Wood 14,600 tons @ 35 $ 511,000 Tires 8,700 tires @ 2 $ 17,400 2,610 tires @ 5 $ 13,050 160 tons split tires @ $100 $ 16,000 Total $ 7,401,700 401 Interest Income $ 371,340 $ 482,720 Debt Service Reserve Fund $ 132,720 Operating & Other Reserve $ 350,000 956 Transfer from General $ 860,885 $ 783,555 Funds available from General Surplus fund Surplus 460 Sale of Recyclable $ 24,000 $ 26,000 Sale of Recydable Scrap Material Metal & Miscellaneous 459 Miscellaneous Private $ 28,000 $ 28,000 Mulch Sales Revenue 976 Transfer from $ 67,205 $ 68,065 Forservicesprovidedbystaffinconjunction Rutrough Road Fu~d with Post Closure Care activities TOTAL REVENUE $8,606,670 $ 8,790,040 2006-2007 BUDGET 3 TIPPING FEES CODE DESCRIPTION FY05-06 FY06-07 JUSTIFICATION Tipping Fees Based on tonnage receipts of: 157,510 451 City of Roanoke $ 2,388,500 $ 2,384,500 Municipal 49,500 tons @ 45 $ 2,227,500 Wood 4,200 @ 35 $ 147,000 rites 3,000 @ 2 $ 6,000 800 @ 5 $ 4,000 City of Roanoke Total $ 2,384,500 452 County of Roanoke $ 1,990,000 $ 1,995,000 Municipal 41,000 tons @ 45 $ 1,845,000 Wood 4,000 @ 35 $ 140,000 Tires 1,000 @ 2 $ 2,000 1,600 @ 5 $ 8,000 County of Roanoke Total $ 1,995,000 453 Town Of Vinton $ 180,200 $ 183,900 Municipal 4,000 tons @ 45 $ 180,000 Wood 100 @ 35 $ 3,500 rires 200 @ 2 $ 400 @ 5 $ Town Of Vinton Total $ 183,900 458 Commercial $ 1,119,500 $ 1,248,000 Commercial 22,050 tons @ 55 $ 1,212,750 Wood 1,000 @ 35 $ 35,000 Tires @ 2 $ 50 @ 5 $ 250 Commercial Total $ 1,248,000 SUBTOTAL $ 5,678,200 $ 5,811,400 2006-2007 BUDGET __ Roanoke va ,. eso=ceAutho. TIPPING FEES CODE DESCRIPTION FY05-06 FY06-07 JUSTIFICATION ripping Fees 459 Private $ 1,202,540 $ 1,222,800 Murdcipal & Commercial 20,000 tons @ 55 $ 1,100,000 Wood 2,800 @ 35 $ 98,000 Tires 4,000 @ 2 $ 8,000 160 @ 5 $ 800 Split 160 @ 100 $ 16,000 Private Total $ 1,222,800 463 Residents $ 374,500 $ 367,500 Municipal 6,200 tons @ 45 $ 279,000 Wood 2,500 @ 35 $ 87,500 Tires 500 @ 2 $ 1,000 0 @ 5 $ Residents Total $ 367,500 3UB-TOTAL $ 1,577,0405 1,590,300 TOTAL TIPPING $ 7,255,240 $ 7,401,700 FEES 3b 2006-2007 BUDGET Roanoke Valley Resource Authority EXPENSES PERSONNEL 2006-2007 BUDGET Roanoke Valle~ Resource Authorit CODE DESCRIPTION FY2005-06 FY2006-07 JUSTIFICATION 1010 Salaries $1,058,391 $1,026,511 Salaries for 29 employees 1015 Overtime $45,000 $45,000 Extra work required on Saturdays & Holidays 1020 Part - lime $5,000 $15,000 Buildings and grounds maintenance 1116 , Supplements $10,000 $10,000 Outstanding performance recognition 2100 F.I.C.A. $84,792 $83,118 7.65 % of salaries, overtime, part time 2200 Retirement-VRS $108,343 $124,689 13.44 % ofsalaries 26 employees $927,743 2204 Retirement- City $30,497 $14,924 15.11 % of salaries 3 employees $ 98,768 2202 Deferred Comp. Match $19,500 $18,850 $25 per pay period 29 employees 2300 Hospitalization $156,000 $171,744 31 participating employees 10.0% single 15 $381 per month $ 68,580 family 13 $601 per month $ 93,756 sing+l 2 $392 per month $ 9,408 includes 6 retirees 2310 Dental $5,500 $5,860 25 participating employees 2400 LifeInsurance-VRS $0 $11,318 1.22 % of salaries 26 employees $927,743 2401 Life Insurance - City $0 $1,205 1.22 % of salaries 3 empIoyees $ 98,768 2500 Long Term Disability Ins. $2,963 $2,874 Disability Insurance for 29 employees 0.56% salaries RVRA pays 50% 2700 Workers' Comp. Ins. $28,000 $30,000 Workers' Comp. Insurance 29 empIoyees 2800 Termination Pay $28,000 $57,442 Annual and sick leave payments TOTAL PERSONNEL $1,581,986 $1,618,535 -- Roanoke VaLley Resot~rce Authority PERSONNEL POSITION CEO Administrative Assistant Operations Manager Superintendent Operations Supervisor Administrative Secretary Secretary Motor Equipment Operator II Building Maintenance Mechanic Motor Equipment Mechauic II Scale Operator Scale Operator/Office Assistant Account Clerk I Laborer/Operator Accountant Senior Equipment Operator 1 0 1 0 2 3 0 14 1 2 2 0 0 2 1 1 GRADE CURRENTPAY RANGE TOTAL SALARIES Adjustments: Market Performance 29 2.0% 2.0% mid-point $ 1,129,206 Total Pay Plan Adjustment TOTAL ADJUSTED SALARIES *9 POSITIONS VACANT U 24 $ 33,990 35 $ 58,135 28 $ 41,316 24 $ 33,990 17 $ 24,156 13 $ 19,483 19 $ 26,632 19 $ 26,632 19 $ 26,632 16 $ 23,006 16 $ 23,006 15 $ 21,480 13 $ 19,874 24 $ 33,323 21 $ 29,362 Unclassified to $ 50,507 to $ 86,386 to $ 61,393 to $ 50,507 to $ 35,895 to $ 28,951 to $ 39,574 to $ 39,574 to $ 39,574 to $ 34,186 to $ 34,186 to $ 31,918 to $ 29,532 to $ 49,516 to $ 43,630 $ 983,551 6/30/2006 $ 19,671 $ 1,003,222 $ 22,584 $ 705 $ 42,960 $ 1,026,511 2006 2007BUDGET Roanoke Valle), Resource Authority EXPENSES OPERATiNG 2006-2007 BUDGET -- l~anok~ V~lley Resource Authority OPERATING CODE DESCRIPTION FY05-06 FY06-07 JUSTIFICATION 3004 Medical Exams $ 600 $ 600 Physical exams for new employees; drug and alcohol random testing 3007 Contract Services $ 16%075 $ 172,925 Employee Assistance Program: $15.50 @ x 30 employees $ 465 Groundwater Monitoring *Drinking Water Sampling 24 @ $615/sample $ 14,760 *Monitoring Wells 5 wells; 2 events/year $17,500/event = $ 35,000 Norfolk Southern Raft Inspections $ 1,000 Stormwater Discharge *Permit Sampling 2 samples x $250 $ 500 Gas Monitoring Quarterly @ $650 $ 2,600 Clean Valley Council 12 months $ 45,000 Freon Removal no charge $ Tire Disposal 800 TONS @ $92.00 $ 73,600 3011 amtonal Service $ 18,204 $ 18,204 Services for all Facilities $1,517/month $ 18,204 3012 Exterminating Services $ 1,404 $ 1,452 T.S. - $64/month $ 768 5.G. - $67/month $ 684 3013 Professional Services $ 62,475 $ 65,235 Audit:rog Services $ 10,930 Legal Services $ 40,130 Engineering Services $ 5,000 Software support $ 3,675 Outside Legal $ 4,000 Leachate sampling $ 1,500 3029 Municipal Waste $1,472,208 $1,562,760 Norfolk Southern 142,750 61 tons/car = 2,340 4.5% J:ncrease 1,800 cars: $705/car $ 1,26%000 540 cars: $544/car $ 293,760 Total $ 3,562,760 200~2007 BUDGET 6 CODE DESCRIPTION FY05-06 FY06-07 JUSTIFICATION 3030 Waste Water Freight $ 10Z400 $ 95,375 Leachate Cars 175 Cars @ $545 $ 95,375 3035 Stone Car Freight Charge $ 7,305 $ 8,160 Stone Cars 15 Cars @ $544 $ 8,160 3101 Temporary Help $ $ - Buildings and grotmds maintenance 3202 Repairs/Office Equipment $ 1,500 $ 1,000 Maintenance and repairs to office equipment 3204 Repairs to Autos $ 4,000 $ 4,000 Maintenance and repairs to all road vehicles 3206 Repairs to Data $ 1,500 $ 1,500 Maintenance and repairs to Processing all data processing equipment 3208 Repairs to Buildings $ 60,000 $ 50,000 Maintenance and repairs to ail buildings · nd Grounds and property; pump stations, septic tanks. 3209 Repairs to Other $ 120,000 $ 135,000 Construction Eqmpment Equipment Off Road Vehicles $ 100,000 Tipper $ 10,000 Railcars $ 5,000 Miscellaneous Equipment $ 20,000 Tub Grinder, Seeder, etc. 3530 Pm~ted Forms $ 5,000 $ 5,000 Letterhead, envelopes, cards, scale tickets repair orders, purchasing forms includes General Counsel 3610 Advertising $ 2,000 $ 2,000 Personnel, RFP, bids, public hearings, etc. Newsletter $ 450 3620 Public Information $ 3,000 $ 3,000 Handouts $ 1,100 User Brochures $ 300 HHW Brochures $ 650 Miscellaneous $ 500 2006-2007 BUDGET OPERATING CODE DESCRIPTION FY05-06 FY06-07 JUSTI~CATION 3625 Promotional Articles $ 2,000 $ 2,000 Recycling handouts, pens, !pencils, miscellaneous items 3630 Special Events $ 2,000 $ Z000 Annual Employee Outings 4600 Central Services $ 45,000 $ 45,000 Administrative services, Roanoke County/Roanoke City for data processing, accountLng, miscellaneous 5110 Utilities - Electricity $ 42,500 $ 42,500 Transfer Station $1,333/month $ 16,000 Smith Gap Landfill $2,208/month $ 26,500 5121 Utilities - Heat - Fuel $ 14,200 $ 16,500 Transfer Station Natural Gas $ 5,700 Smith Gap Landfill Propane Gas $ 10,800 5141 Water Service - Transfer $ 5,000 $ 3,800 Water Service for Transfer Station Station 5142 Sewer Service - Transfer $ 12,000 $ 12,500 5ewer Service Station Leachate - Smith Gap $ 12,500 5210 Postage $ 3,500 $ 3,650 Postage for all mailings and correspondence, postage meter rent, includes General Cotmsei 5230 Telephone $ 12,000 $ 8,500 Telephone service to both facilities, rental of lines & equipment, long distance calls, fax lines, indudes General Counsel 5235 Cell Phones $ 1,600 $ 1,680 Service for four ce]J phones 2006-2007 BUDGET CODE DESCRIPTION FY05-06 FY06-07 JUSTIFICATION 5302 Property Insurance-Fire $ 59,000 $ 59,000 Coverage for dd buildings, contents, and equipment 5305 Motor Vehicle Insurance $ 8,100 $ 8,100 Insurance for on-road vehicles 5307 Public Officials Lnsurance $ 400 $ 400 LnsurancethroughVMLorVACOpools 5308 General Liability Ins. , $ 10,500 $ 10,600 Coverage for all facilities & property 5410 Rent of Equipment $ 12,000 $ 12,000 Rental of Miscellaneons Equipment Heavy Equipment Emergency Equipment Copy Machines 5501 Travel - Mileage $ 500 $ 500 Use of personal vehicles for RVRA business, staff, and Board Members 5503 ]'ravel - Lodging $ 2,500 $ 2,500 Out of town conference lodging, SWANA, VML, legal conferences, including meals 5504 Conference $ 1,500 $ 1,500 Conference registrations; SWANA, VML, legal conferences 5520 Dinner Meetings - $ 2,500 $ 2,500 Monthly Board meel2ngs, dimmers and Ltmcheons luncheons associated with RVRA 5540 Training & Education $ 2,000 $ 2,000 Operator training for hazardous materials, certification, miscellane ous 5601 Contributions $ 402,000 $ 402,000 Payments per conl:ract to: Roanoke County $ 300,000 Roanoke City $ 100,000 Volunteer fire and rescue $ 2,000 2006-2007 BUDGET 9 Roanoke W e, Resou= ^utho., OPERATENG CODE DESCRIPTION FY05-06 FY06-07 JUSTIFICATION 5801 Dues $ 1,500 $ 1,500 Professional & Association dues: SWANA, SWVSWMA, Rotary, IAAP 5815 Warrants and Fees $ 16,800 $ 16,850 Returned check fees and misc. fees DEQ annual fee - $16,021.83 5823 Employee Recognition $ 5,500 $ 5,500 Awards and Certificates 5850 Miscellaneous Operating $ $ - No programs planned 6010 Off~ce Supplies $ 6,000 $ 6,000 Office paper, pens, pencils, folders, etc. 6011 Photocopies $ 400 $ 400 Miscellaneous Photocopies 6013 Small Equipment & $ 13,000 $ 13,000 Smallitems of office and shop equipment Supplies and supplies, tools, miscellaneous 6040 Medical Supplies $ 1,000 $ 1,000 First aid kits and vaccSnations 6050 anitoriai Supplies $ 1,500 $ 1,500 Supplies for general cleaning & sanitation 6071 Radio Parts $ 2,650 $ 3,600 Miscellaneous radio parts, annual use and maintenance fee 6080 Gas, Oil, Grease $ 175,000 $ 260,000 Fuel for all equipment and vehicles, includes oil, lubricants 6091 Tires, Tubes, Parts $ 40,000 $ 40,000 Replacement mhd maintenance parts and supplies for all equipment and vehicles 6130 Uniform and Wearing $ 14,000 $ 14,000 Safety Shoes - 23 employees $ 2,300 Apparel Ram gear, shirts, hats, misc. $ 1,500 Rental of uniforms - 23 $ 10,000 mats, towels $ 200 2006-2007 BUDGET 10 RoallOke ValIe, Re$Otlree itltllotity OPERATING CODE DESCRIPTION FY05-06 FY06-07 JUSTIFICATION 6202 Subscriptions $ 100 $ 100 Professional magazines and manuals 6203 Books $ 200 $ 200 Miscellaneous books and manuals 6211 Code Books $ $ - Miscellaneous legal code books 6501 Other Operating Supplies $ 30,000 $ 25,000 Disinfectants, deodorizers, salt for roads, gravel and stone for roads, seed, mulch fertilizers and lime for seeding slopes, fill areas and other areas, miscellaneous office supplies 6510 Safety Equipment and $ $ 1,200 Update Red Cross video and books Supphes 6503 Fire Equipment and $ 1,200 $ 1,200 Fire hoses, nozzles, wrenches for fire Supplies fighl2ng and for clear&~g both facilities 9670 Unappropriated Balance $ 98,377 $ 94,695 For unexpected expenditures 3.0% TOTAL OPERATING $ 3,078,558 $ 3,251,186 200(~2007 BUDGET 11 Roanoke Valley Resource Authority EXPENSES CAPITAL 2006-2007 BUDGET CODE DESCRIPTION FY05-06 FY06-07 JUSTIFICATION 8101 Machinery & Equipment $ $ New 8102 Machinery & Equipment $ $ Replacement 8201 Fttmiture, Office $ $ Equipment New 8202 Furniture, Office $ 15,000 $ Equipment Replacement 8302 Communications $ $ 3,000 Pttrchase two new ratios Equipment Replacement 8402 Small Capital Outlay $ $ Replacement 8701 Data Processing $ $ Equipment New 8702 Data Processing $ $ Equipment Replacement 8903 Building Improvements $ TOTAL CAPITAL $ 15,000 $ 3,000 2006 2007 BUDGET 12 Roanoke Valley Resource Authority EXPENSES RESERVES 2006-2007 BUDGET RESERVES CODE DESCRIPTION BALANCE~ DEPOSIT EXPENSE BALANCE JUSTIFICATION 7/1/2006 2006-07 2006-07 6/30/07 924500 Landgll Closure $4,38Z755 $ 250,000 $ 50,000 $ 4,582,755 As required by Bond Indenture and State & Federal regulations to close Smith Gap landfgl. Expen~tttre £or Bid documents 925010 Equipment Reserve $1,929,631 $ 400,000 $ 530,000 $1,799,631 For replacemen~of eqmpment per equipment replacement schedule. 925020 Environmental $ 500,000 $ $ $ 500,000 Groundwater Contingency Fund ~rotection fund per local permit. 925030 Landfill Host $ 98,000 $ 10,000 $ $ 108,000 As per local pernfit. Commuuity l~here are no planned Improvement Fund expenditures. 925040 Property Value $ 443,193 $ - , $ - $ 443,193 As per local permit. Protection Current ftmd Ls adequate based on anticipated sales. 925050 FutureSite $3,870,480 $ 500,000 $4,213,100 $ 157,380 Bidding andbegin Development construction o£ Phases 5-10 925060 Landffil Interim & $ 244,000 $ $ $ 244,000 For development of Post Development unused portions of Smith Gap property for recreation. TOTAL CAPITAL $ll,468,059 $1,160,000 $ 4,793,100 $7,834,959 2006-2007 BUDGET 13 -- Roanoke Valley Resource Authority BOND/BUDGET COMPARISON 2006-2007 BUDGET Roanoke Valley Resource Authority BOND BUDGET COMPAPUSON CATEGORY BOND CURRENT FY2006-07 PROJECTION BUDGET BUDGET WASTE GENERATION (Tons) Sohd Waste Generated Residential Waste 83,700 101,200 100,700 Commercial Waste 111,000 3%200 42,050 Less: Additional Source Recycling Residential Waste (5,2001 0 0 Commercial Waste (7,000) 0 0 Solid Waste to the System 182,500 140,400 142,750 OPERATING REVENUES Tipping Fee Revenue Requirement $ 12,978,000 $ 7,255,240 $ 7,401,700 Interest Income $ 814,000 $ 371,340 $ 482,720 Recycling Income $ $ 52,000 $ 54,000 Transfer from General Surplus $ $ 860,885 $ 774,653 Total Operating Revenues $ 13,792,000 $ 8,539,465 $ 8,713,073 OPERATING EXPENSES Landfill and Transfer Station $ 4,692,000 $ Z693,272 $ 2,806,426 Rail Expenses $ 2,625,000 $ 1,582,273 $ 1,666,295 Total Operating Expenses ' $ 7,317,000 $ 4,275,545 $ 4,472,721 NET REVENUE AVAILABLE for DEBT SERVICE $ 6,475,000 $ 4,263,920 $ 4,240,352 DEBT SERVICE $ 3,590,000 $ 2,771,125 $ 2,757,319 DEPOSITS TO RESERVE ACCOUNTS Closure Ftmd $ 500,000 250,000 250,000 Renewal and Replacement Funds Equipment Reserves $ 700,000 400,000 400,000 Environmental Contingency Fund $ 130,000 Host Community Improvement $ 10,000 10,000 10,000 Property Value Protection $ TotalDepositstoR&RFtmd $ 840,000 $ 410,000 $ 410,000 HOST FEES $ 400,000 $ 400,000 $ 400,000 EXCESS REVENUES $ 1,145,000 $ 432,795 $ 423,033 INDENTURE COVERAGE TEST (.10 minimum) 0.3189 0.1562 0.1534 ADDITIONAL DEPOSITS TO RESERVES Further Site Development $ 920,000 $ 500,000 $ 500,000 Interim and Post Development $ 25,000 $ $ Recycling $ 200,000 $ - $ Total Additional Deposits to Reserves $ 1,145,000 $ 500,000 $ 500,000 SOLID WASTE TIPPING FEES (S/ton) Residential (Municipal) $ 68.26 $ 45.00 $ 45.00 Commercial $ 73.26 $ 55.00 $ 55.00 200(~2007 BUDGET 14 -- Roanoke Valley Resource Authority T~PPING FEE BREAKDOWN 2006-2007 BUDGET -- Roanoke Valley Resource Authority TJPPING FEE BREAKDOWN CATEGORY LANDFILL TRANSFER TRANSPORI TOTAL PERCENT OPERATIONS 12.48 6.15 9.77 28.40 50% DEBT SERVICE 8.54 4.47 6.40 17.51 31% DEPOSITS AND 8.81 1.09 0.00 10.92 19 % RESERVES I'OTAL 29.83 11.71 16.17 56.82 100% PERCENTAGE 53% 21% 28% 100% NOTES: Based on receiving a total of Operations costs are estimated to be 67% landfill and 33 % transfer station. $4,472,721.00 Debt service based on construction costs: 44% landfill, 23% transfer, 33% rail. $2,757,319.00 Deposits allocated as 89 % landfill, 11% transfer (includes host fees). $1,560,000.00 157,510 tons *Additional revenue other than tipping fees allows total to be reduced to the proposed rates of: $ 45.00 per ton $ 55.00 per ton 2006-2007 BUDGET -- 15 Roanoke Valley Resource Authority RUTROUGH ROAD LANDFILL 2006-2007 BUDGET Roanoke Valley Resource Authority RUTROUGH ROAD -- LANDF~LL CODE DESCRIPTION FY05-06 FY06-07 JUSTIFICATION Beginning Balance $ 5,507,101 $ 3,588,196 Anticipated Balance [uly 1, 2006 Expenditures -Budgeted $ 2,008,905 $ 418,765 All Post Closure Care Act~vit2es Interest $ 90,000 $ 100,000 Estimated Interest Income from Investments ESTIMATED BALANCt $ 3,588,196 $ 3,269,431 2006-2007 BUDGET 16 Roanoke Valley Resource Authority RUTROUGH ROAD LANDFILL CODE DESCRIPTION FY05-06 FY06-07 JUSTIFICATION 3007 Contract Services $1,522,300 $ 90,800 Groundwater Monitoring Lab Analysis - 2 Events $ 35,000 Gas Monitoring Quarterly $950/Event $ 3,800 Gas Extraction System $ 12,000 momtormg Cap Maintenance $ 20,000 nUScellaneous seeding, grading, E & S control care Road Maintenance Stone $ 20,000 Synthetic cap installation $ Groundwater well $ Installation (ACM) 3013 Professional Services $ 51,400 $ 51,400 Engineering Services Groundwater Sampling 2 Events @ $15,700 $ 31,400 Grotmdwater Assessment $ Program Miscellaneous $ 10,000 Legal Services $ 10,000 3208 Repatr and Maintenance $ 360,000 $ 200,000 Disposal of Leachate $ 200,000 5110 UtilXties - Electricity $ 6,000 $ 6,000 Electric Service for Blower/Flare Station 5230 Telephone $ $ - included m internal services 5815 Warrants & Fees $ $ 500 DEQ Annual Fee 5850 Miscellaneous $ 2,000 $ 2,000 Overtime, advertisement, and bottled gas. 6302 Property Insurance $ $ - Coverage for blare Station and Associated Equipment 8101 Machinery & Equipment $ 60,000 $ 9808 Transfer to RVRA $ 67,205 $ 68,065 Personnel Cost of Administrative Services Operations and Operating expenses uicurred by staff TOTAL $1,941,700 $ 418,765 2006-2007 BUDGET 17 Roanoke Valley Resource Authority APPENDIX 2006-2007 BUDGET RESOLUTION RESOLUTION OF THE ROANOKE VALLEY RESOURCE AUTHORITY Adopted this 22th day of March, 2006 No. RA2006-443 A RESOLUTION approving the Authority's annual budget for fiscal year 2006-2007 and authorizing submittal of such budget to the governing bodies of the Charter Member Users for approval. BE IT RESOLVED by the Roanoke Valley Resource Authority that: 1. The fiscal year 2006-2007 Annual Budget for the Roanoke Valley Resource Authority as set forth in the report and accompanying attachments by the Chief Executive Officer dated March 22, 2006, and submitted to this Board is hereby approved; 2. The Authority Chairman is authorized on behalf of the Authority to submit the fiscal year 2006-2007 annual budget and related documents to the governing bodies of the Charter Member Users, being the County of Roanoke, the City of Roanoke, and the Town of Vinton, for approval in accordance with the requirements of the Roanoke Valley Resource Authority Members Use Agreement, dated October 23, 1991, as amended. On the motion of Mr. Bengtson to adopt the resolution, and carried by the following recorded vote: AYES: NAYS: None ABSENT: None Mr. Porterfield, Mrs. Green, Mr. Bengtson, Mr. Boggess, Mrs. Hyatt, Mrs. Snyder, Mr. Tensen .0~TEST: Deborah T. Charles RVRA Board Secretary CITY OF R O INOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartrnan Assistant City Clerk April 6, 2006 File #60-72-236-246 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No. 37344-040306 transferring $159,000.00 in connection with Western Virginia Workforce Development Board Programs, 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, April 3, 2006, and is in full force and effect upon its passage. Sincerely, ~0~,~_z Mary F. Parker, CMC City Clerk MFP:ew Attachment pc: Darlene L. Burcham, City Manager Rolanda B. Russell, Assistant City Manager for Community Development Sherman M. Stovall, Director, Office of Management and Budget Jane R. Conlin, Director of Human Services L:\CLERK~DATA\CKEW1 ~AGENDA CORRESPONDENCE'agenda correspondence 06V~pr 06V~,pr 3 06 cerrespondence.doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 3rd day of April, 2006. No. 37344-040306. AN ORDINANCE to transfer funding between various programs of the 2004 and 2005 VVorkforce Investment Act Grants, 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 WlA - Contractual Services Adult Prog PY04 WlA - Contractual Services Dislocated PY04 WlA - Contractual Services Adult Prog PY05 WiA - Contractual Services Dislocated PY05 035-633-2311-8057 035-633-2312-8057 035-633-2321-8057 035-633-2322-8057 $109,000 (109,000) 50,000 (50,000) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk April 6, 2006 File #60-72-236-246 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 37345-040306 accepting Western Virginia Workforce Development Board Workforce investment Act funds, in the amount of $159,000.00, and authorizing the City Manager to execute the necessary documents to accept the funds. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 3, 2006, and is in full force and effect upon its passage. Sincerely,~1'~ e'"'~-~' Mary F. Parker, CMC City Clerk MFP:ew Attachment L:~CLERK~DATA\CKEWI~AGENDA CORRESPONDENCESagenda correspondence 06V~pr 06V~,pr 3 06 correspondence.doc Darlene L. Burcham April 6, 2006 Page 2 pc: Jesse A. Hall, Director or Finance Rolanda B. Russell, Assistant City Manager for Community Development Sherman M. Stovall, Director, Office of Management and Budget Jane R. Conlin, Director of Human Services L:\CLERK~DATA\CKEWI~AGENDA CORRESPONDENCE~agenda correspondence 06~pr 06W, pr 3 06 correspondence.doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of Apr±l, 2006. No. 37345-060306. A RESOLUTION accepting the Western Virginia Workforce Development Board Workforce Investment Act funding of $159,000 and author/zing the City Manager to execute the requisite documents necessary to accept the funding. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Western Virginia Workforce Development Board Workforce Investment Act funding of $159,000 is hereby ACCEPTED. 2. The City Manager is authorized to execute, and the City Clerk is authorized to attest, the requisite documents necessary to accept funding, and any and all understandings, assurances and documents relating thereto, in such form as is approved by the City Attorney, as more particularly set out in the City Manager's letter dated April 3, 2006, to City Council. ATTEST: City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 TeLephone: (540) 853-2333 Fax: (540) 8531138 City Web: www.roanokeva.gov April 3, 2006 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 Western Virginia Workforce Development Board Work- Force Investment Act (WlA) Programs Background: The City of Roanoke is the grant recipient for Workforce Investment Act (WIA) funding, thus, City Council must appropriate the funding for all grants and other monies received in order for the Western Virginia Workforce Development Board to administer WlA programs. The Western Virginia Workforce Development Board administers the federally funded Workforce Investment Act (WlA) for Area 3, which encompasses the counties of Alleghany, Botetourt, Craig, Franklin and Roanoke, and the cities of Covington, Roanoke, and Salem. WlA funding is for four primary client populations: · Dislocated workers who have been laid off from employment through no fault of their own; · Economically disadvantaged individuals as determined by household income guidelines defined by the U.S. Department of Labor; · Youth who are economically disadvantaged, or who have other barriers to becoming successfully employed adults; and · Businesses in need of employment and job training services. The Western Virginia Workforce Development Board, by request, has received a Notice of Obligation (NOO), from the Virginia Employment Commission, Honorable Mayor and Members of City Council April 3, 2006 Page 2 transferring $109,000 from the Program Year 2004 WlA Dislocated Worker Program budget to the Program Year 2004 Adult Program budget and a transfer of $50,000 from the Program Year 2005 WlA Dislocated Worker Program budget to the Program Year 2005 Adult Program budget. Considerations: · Program Operations - Existing activities will continue and planned programs will be implemented. · Funding - Funds are available from the Grantor agency and other sources as indicated, at no additional cost to the City. Recommendations: Accept the Western Virginia Workforce Development Board Workforce Investment Act funding transfer. Adopt the accompanying budget ordinance to transfer appropriations of $109,000 from Program Year 2004 from Dislocated Worker Contract Services (035-633-2312-8057) to Program Year 2004 Adult Program Contract Services (035-633-2311-8057) and to transfer appropriations of $50,000 from Program Year 2005 Dislocated Worker Contract Services (035-633-2322-8057) to Program Year 2005 Adult Program contract Services (035-633-2321-8057). Darlene L. B~rchamcity Ivlanag~r ~ 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 Rolanda B. Russell, Assistant City Manager for Community Development Jane R. Conlin, Director of Human Services CM06-00044 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 April 6, 2006 File #60-236-450 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No. 37346-040306 appropriating funds from the Commonwealth of Virginia for the Virginia Opportunity Region Marketing Grant, and amending and reordaining certain sections of the 2005-2006 General and Grant Funds Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 3, 2006, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment pc: Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Office of Management and Budget R. Brian Townsend, Director, Planning Building and Economic Development L:\CLERK~DATA\CKEWI~AGENDA CORRESPONDENCE~genda correspondence 06V~pr 06V~pr 3 06 correspondence.doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 3rd day of April, 2006. No. 37346-040306. AN ORDINANCE to appropriate funding from the Commonwealth for the Virginia Opportunity Region Grant, amending and reordaining certain sections of the 2005-2006 General and Grant Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2005-2006 General and Grant Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Advertising Transfer to Grant Fund Grant Fund Appropriations Advertising Revenues Virginia Oppodunity Region Grant-State Virginia Opportunity Region Grant-Local 001-310-8120-2015 $ (5,000) 001-250-9310-9535 5,000 035-310-8124-2015 035-310~8124-8124 035-310-8124-8125 15,000 10,000 5,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~ .'..,. City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk April 6, 2006 File #60-236-450 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 37347-040306 authorizing acceptance of a Virginia's Opportunity Regions Marketing Grant from the Virginia Economic' Development Partnership and authorizing the City Manager to execute a grant contract to accept funds and any other required grant documentation on behalf of the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 3, 2006. Sincerely,~~..~ ~ ~..~_~ 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 R. Brian Townsend, Director, Planning Building and Economic Development L:\CLERK~DATA\CKEW1 ~AGENDA CORRESPONDENCE~agenda correspondence 06V~,pr 06V~pr 3 06 cerrespondence.doc IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA The 3rd day of April, 2006. No. 37347-040306. A RESOLUTION authorizing the acceptance of a Virginia's Opportunity Regions Marketing Gram from the Virginia Economic Development Partnership; and authorizing the City Manager to execute a grant contract to accept such funds and any other required grant documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the Virginia Economic Development Partnership a Virginia's Opportunity Regions Marketing Grant in an amount up to $10,000.00, with the City providing an additional 50% in local matching funds. Such grant is more particularly described in the letter of the City Manager to Council dated April 3, 2006. 2. The City Manager is also authorized to execute, on behalf of the City, a grant contract to accept such funds and any other documents required for the Virginia's Opportunity Regions Marketing Grant, approved as to form by the City Attorney, in connection with the acceptance and administration of such grant and to furnish such additional information or documents as may be required by the Virginia Economic Development Partnership. City Clerk. K:~vleasures\VA OPPORTUNITY KEION GRANT 2006.doe CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853 2333 Fax: (540) 853 1138 City Web: www.roanokeva.gov April 3, 2006 Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Virginia's Opportunity Regions Marketing Grant Background: The Virginia Economic Development Partnership (VEDP) established the Virginia's Opportunity Regions Marketing Grant to assist local governments in the state with marketing. In December 2005, the Division of Economic Development applied for this grant to design and print marketing brochures for the City, Roanoke Centre for Industry and Technology (RCIT), the Riverside Centre and Enterprise Zones One A and Two. In March 2006, for the second year in a row, the Virginia Economic Development Partnership awarded the City of Roanoke a grant. This grant is for $10,000.00 and requires 50% in matching funds. Matching funding of an additional $5,000 for this grant is available in the Economic Development budget (account number 001-310-8120-2015). A grant contract to receive the grant needs to be signed by the City Manager and returned to the State for the money to be received. Honorable Mayor and Members of City Council Page 2 April 3, 2005 Considerations City Council action is needed for the City to formally accept and appropriate these funds and authorize the Director of Finance to establish a revenue account to receive the funds. City Council must also authorize the City Manager to sign a grant contract accepting the Virginia's Opportunity Regions Marketing Grant. Recommended Action: Accept the grant as described above. Authorize the City Manager to execute a grant contract to accept such funds and to execute any other required grant documents, all such documents to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish revenue estimates totaling $15,000 in the Grant Fund, to transfer $5,000 from the General Fund Economic Development account, and to appropriate funding totaling $15,000 into an expenditure account to be established by the Director of Finance in the Grant Fund. DLB:Ib C: Respectfully submitted, Darlene L. Burnham City Manager Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance R. Brian Townsend, Director of Planning Building & Economic Development Sherman M. Stovall, Director of Management and Budget CM06-00052 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 April 6, 2006 File #5-236 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36348-040306 authorizing the City's continued participation in the Virginia Certified Crime Prevention Community Program. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 3, 2006, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment pc: Jesse A. Hall, Director of Finance Rolanda B. Russell, Assistant City Manager for Community Development A. L. Gaskins, Chief of Police L:\CLERKqDATA\CKEW1 ~AGENDA CORRESPONDENCE~,genda correspondence 06V~,pr 06La, pr 3 06 cerrespondence.doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 3rd day of Apr±l, 2006. No. 37348-040306. A RESOLUTION authorizing the City's continued participation in the Virginia Certified Crime Prevention Community Program. WHEREAS, Council is interested in the safety and security of its citizenry and the community at large and is prepared to support appropriate efforts within the community to promote crime prevention and community safety; and WHEREAS, the Department of Criminal Justice Services (DCJS) offers a program entitled the Certified Crime Prevention Community Program which is specifically designed to recognize Virginia communities committed to crime prevention and community safety while providing a framework for those communities to institutionalize crime prevention at the local level. NOW THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke is a participant in the Certified Crime Prevention Community Program, and authorizes the City Manager to take all reasonable steps to meet the DCJS requirements for the City to remain designated as a Certified Crime Prevention Community. 2. Because the program requires the existence of a local community crime prevention/community safety council or coalition, this Council redesignates the Crime and Safety Coalition of Roanoke to represent our community for the purpose of participating in this program. ATTEST: City Clerk CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov April 3, 200-6 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 McDaniel, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of Council: Subject: Certified Crime Prevention Community Background: The Certified Crime Prevention Community Program is a program that publicly recognizes and certifies localities that have implemented a defined set of community safety strategies as part of a comprehensive community safety/crime prevention effort. The program encourages localities to develop and implement collaborative community safety plans within a flexible framework designed by the Virginia State Crime Commission. To either obtain certification or remain certified, a locality must meet 12 core community safety elements/strategies augmented by a minimum of seven approved optional elements. The Department of Criminal Justice Services administers and monitors this program. The City of Roanoke has maintained certification as a crime prevention community since 2001. Every three years we must apply for re-certification. As a part of the re-application process, Council must pass a resolution affirming our interest in maintaining the certified status, as well as authorizing any City official to provide the required documentation needed as part of the application process. Maintaining certification is important because certified localities receive preference points during State grant application review, insurance policy holders living in the community may receive premium discounts and the Honorable Mayor and Members of Council April 3, 2006 Page 2 certified designation can be used as a marketing tool to attract businesses and conference planners. Recommended Action: Approve the attached resolution authorizing the City Manager or her designee to begin the application process for re-certification as a crime prevention community. Respectfully submitted, Darlene L. Bur¢'ham City Manager DLB:gws C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Rolanda B. Russell, ACM for Community Development A. L. Gaskins, Chief of Police CM06-00049 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 April 6, 2006 File #60-236-304 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: lam attaching copy of Resolution No. 36349-040306 endorsing participation by the City in the Virginia Juvenile Community Crime Control Act and authorizing the City Manager to execute a Memorandum of Agreement between the City of Roanoke and the Virginia Department of Juvenile Justice to be used as guidance for providing direction and support to City employees assigned to the Virginia Department of Juvenile Justice in connection with the Virginia Juvenile Community Crime Control Act, as more fully set forth in a letter from the City Manager addressed to the Council under date of April 3, 2006. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 3, 2006, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment L:\CLERK~DATA\CKEWI~AGENDA CORRESPONDENCE~agenda correspondence 06V~pr 06~Apr 3 06 correspondence.doc Darlene L. Burcham April 6, 2006 Page 2 pc: Jesse A. Hall, Director of Finance Rolanda B. Russell, Assistant City Manager for Community Development Sherman M. Stovall, Director, Office of Management and Budget Jane R. Conlin, Director of Human Services L:\CLERK~DATA\CKFWIL~,GENDA CORRESPONDENCE~agenda correspondence 06'~,pr 06~,pr 3 06 correspondence.doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of April, 2006. No. 37349-040306. A RESOLUTION endorsing participation by the City in the Virginia Juvenile Community Crime Control Act; authorizing the City Manager to execute a Memorandum of Agreement between the City of Roanoke and the Virginia Department of Juvenile Justice to be used as guidance for providing direction and support to City employees assigned to the Virginia Department of Juvenile Justice in connection with the Virginia Juvenile Community Crime Control Act. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The Council hereby endorses the City's participation in the Virginia Juvenile Community Crime Control Act ("VJCCCA") until it notifies the Virginia Department of Juvenile Justice ("DJJ") in writing that it no longer desires to participate in the VJCCCA, and as further stated in the City Manager's letter to Council dated April 3, 2006. 2. The City Manager is hereby authorized to execute a Memorandum of Agreement between the City of Roanoke and the Department of Juvenile Justice to be used as guidance for providing direction and support to City employees assigned to the DJJ in connection with the VJCCCA, upon form approved by the City Attorney. City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov April 3, 2006 Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of Council Subject: Participation in the Virginia Juvenile Community Crime Control Act (VJCCCA) Background: The City of Roanoke has participated in the Virginia Juvenile Community Crime Control Act since its inception in 1996. Each biennium, a local plan is developed to address the needs of juveniles who are before the juvenile intake on complaints or the court on petitions alleging that the child is in need of service or supervision, or is delinquent. The intent of the VJCCCA is to establish a community-based system of sanctions that are ordered by the Juvenile and Domestic Relations District Court, and services to address the needs of the eligible population. The City of Roanoke's programs to address these needs include: Youth Haven, Sanctuary-Crisis Intervention Center, Outreach Detention, Electronic Monitoring, Substance Abuse Counselor and Enhanced Community Service. Considerations: A resolution from the governing body of each participating locality endorsing participation in VJCCCA is required by the Commonwealth each biennium. The VJCCCA guidelines provide that the locality may word it such that it intends to participate in VJCCCA until they notify the Virginia Department of Juvenile Justice, in writing, that it no longer wish to participate, without the need for a new resolution being obtained each biennium. No further City Council action Mayor Harris and Members of City Council April 3, 2006 Page 2 would be required to continue to participate or make revisions to future VJCCCA plans. There are two staff members in the VJCCCA programs who currently operate under a cooperative supervision agreement between the City of Roanoke and the Virginia Department of Juvenile Justice. These staff members are City employees who are provided with supervision from the Virginia Department of Juvenile Justice and are assigned to assist in the delivery of services to juveniles under the VJCCCA. An updated Memorandum of Agreement is necessary to provide the terms under which the City employees will carry out their duties under the supervision of the Department of Juvenile Justice for the coming biennium. Subsequent VJCCCA plans each biennium or revised plans within the biennium will require a revised Memorandum of Agreement. Recommended Action(s) Adopt a resolution endorsing the City of Roanoke's participation in the Virginia Juvenile Community Crime Control Act. Authorize the City Manager to execute the required Memo of Agreement (Attachment A) used as guidance for providing direction and support to City of Roanoke employees assigned to the Department of Juvenile Justice in connection with the VirginiaJuvenile Community Crime Control Act. This agreement will be updated by the City Manager with the renewal and/or revision of future VJCCCA plans. Re~,pectfully submitted, ~\'~¼ Darlene L. Burcham City Manager DLB:jo Attachment C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse Hall, Director of Finance Jane Conlin, Director of Human/Social Services Rolanda B. Russell, Assistant City Manager for Community Development CM06-00042 MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT between the Commonwealth of Virginia, Department of Juvenile Justice ("DJJ") and the City of Roanoke, Virginia ("City") is dated this .day of April 2006, WITNESSETH: WHEREAS, the City has received funding through the Commonwealth of Virginia for implementation of the Virginia Juvenile Community Crime Control Act ("VJCCCA"): WHEREAS, the City and the Commonwealth of Virginia developed a plan, approved by City Council and the DJJ that provides for the hiring of City personnel to implement the VJCCA (the "Plan"); WHEREAS, the parties wish to reduce to writing the understanding of the parties concerning the Plan that sets forth operational, administrative and logistical support parameters to be used as guidance for providing direction and support to City of Roanoke employees assigned to the Department of Juvenile Justice in connection with the Virginia Juvenile Community Crime Control Act (VJCCCA). NOW, THEREFORE, the following contains the understanding of the parties with regard thereto: 1.The City of Roanoke will be responsible for providing to the Department of Juvenile Justice persons to work on activities related to the VJCCCA projects. The number and job classification of persons assigned to DJJ by the City of Roanoke will be as agreed upon by DJJ and the City of Roanoke. 2. The City of Roanoke may elect to hire persons specifically to work at DJJ on VJCCCA projects or it may assign persons already employed by the city to work on the VJCCCA projects. At its option, the City of Roanoke may invite DJJ representatives to assist it in the hiring of persons to work on VJCCCA projects or delegate the hiring authority to DJJ. In the event the City of Roanoke delegates the hiring authority to DJJ, the Organizational Unit Head of the DJJ Unit will ensure that the hiring process is conducted in accordance with the rules governing the City of Roanoke employment process. 3. Persons assigned to DJJ by the City of Roanoke will remain employees of the City of Roanoke and subject to the personnel rules and practices governing the employees of that locality. 4. The Organizational Unit Head of the DJJ Unit will be responsible for ensuring that managers and supervisors assigned to the unit are informed of the personnel rules governing persons assigned to the unit by the locality and adhere to such rules in supervising such persons. DJJ and City of Roanoke representatives will establish procedures for DJJ supervisors to report and address the work performance of persons assigned to the VJCCCA projects. Specific emphasis will be placed on procedures to be taken to complete annual job performance evaluations and to report interim job performance observations. 5. The Organizational Unit Head of the DJJ unit will develop the work plan, plan for the availability of required resources, establish work hours and evaluate the work activities of city employees assigned to DJJ. 6. DJJ shall ensure that timesheets are accurately recorded for all non-exempt employees and forwarded to the City of Roanoke in a timely manner. The City of Roanoke shall determine FLSA exemption status of individual positions, ensure that overtime hours are appropriately compensated, and maintain applicable timekeeping records required by the Fair Labor Standards Act. 9. DJJ and City of Roanoke representatives will develop and implement procedures for reporting and acting upon work-related disciplinary infractions committed by city employees assigned to DJJ. In addition, DJJ and city representatives will ensure that procedures are available that provide city employees the opportunity to seek management resolution of workplace issues and to initiate formal grievance if deemed appropriate by the employee. 10. DJJ and city representatives will ensure that measures are in place to account for the receipt, utilization and safeguarding of DJJ and/or city property provided city employees assigned to DJJ. 11. DJJ and city representatives will ensure that measures are in place that provide insurance or other liability coverage for city employees assigned to DJJ. Such coverage as a minimum will be equal to that afforded DJJ employees performing similar duties. 12. This agreement is to be in effect for the period of July 1, 2006 until June 30, 2008. The agreement can be terminated in writing by either party with or without cause upon 30 days notification of the other party. Future VJCCCA plans and/or revised VJCCCA plans will require a renewed Memorandum of Agreement. IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement by their representatives. ATTEST: City Clerk CITY OF ROANOKE By_ Darlene L. Burcham, City Manager ATTEST COMMONWEALTH OF VIRGINIA By Title: 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 April 6, 2006 File #24-51-107 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 37350-040306 amending and reordaining subsections (a), (b)(2)and (b)(4)of §6-27, Limitations on keeping, subsection (b) of §6-112, Density requirements, and subsections (a), (b)(2) and (b)(4) of §6-116, Limitations on keeping of Chapter 6, Animals and Fowl; §11.1-2, Definitions, and subsection (d)of §11.2-19, Performance bond, of Chapter 11.1, Erosion and Sediment Control; §21-43.1, Prohibition against operation of certain lighted athletic facilities after 10:00 p.m., and §21-205, Definitions, of Chapter 21, Offenses - Miscellaneous; subsections (1)(b), (1)(c), (3)(a) and (7) of §27.1-2, Projections over sidewalks, streets, alleys or other public property, of Chapter 27.1, Siqns and similar Projections over city riqhts-of-way or property; §30-14, Procedure for altering or vacating city streets or alleys; fees therefor, and subsection (a) of §30-86, Construction in C-3 zoning district, of Chapter 30, Streets and Sidewalks; §32-7, Delinquent real estate taxes, of Chapter 32, Taxation; and subsection (e) of §33-17, Definitions, of Chapter 33, Veqetation and Trash, and deleting Article II, Temporary Siqns, of Chapter 27.1, Signs and Similar Projections over City Right-of-Way or Property, of the Code of the City of Roanoke (1979), as amended, to make changes in the City Code necessitated by adoption of Chapter 36.2, Zoninq. L:\CLERK~DATA\CKEWI~AGENDA CORRESPONDENCE~agenda correspondence 06Vkpr 06~or 3 06 correspondence.doc Darlene L. Burcham April 6, 2006 Page 2 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 3, 2006, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment pc: The Honorable Virgima The Honorable Virgima The Honorable Virgima The Honorable Virgima The Honorable of Virginia The Honorable Virgima Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of William D. Broadhurst, Judge, Twenty-Third Judicial Circuit of Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Charles N. Dorsey, Judge, Twenty-Third Judicial Circuit of Jonathan M. Apgar, Chief Judge, Twenty-Third Judicial Circuit James R. Swanson, Judge, Twenty-Third Judicial Circuit of 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 L:\CLERKSDATA\CKEW1LAGENDA CORRESPONDENCE~agenda correspondence 06LApr 06LApr 3 06 correspondence.doc Darlene L. Burcham April 6, 2006 Page 3 Kozuo Webb, Office of the Magistrate Lora A. Wilson, Law Librarian Sherman M. Stovall, Director, Office of Management and Budget R. Brian Townsend, Director, Planning, Building and Economic Development Karl S. Cooler, Building Commissioner Ford P. Weber, Director, Housing and Neighborhood Services A. L. Gaskins, Chief of Police L:\CLERK~DATA\CKEW1 ga, GENDA CORRESPONDENCE~agenda correspondence 06gApr 06V&pr 3 06 correspondence,doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 3rd day of April, 2006. No. 37350-040306. AN ORDINANCE amending and reordaining subsections (a), (b)(2) and (b)(4) of §6-27, Limitations on keeping, subsection (b) of §6-112, Density requirements, and subsections (a), (b)(2) and (b)(4) of {}6-116, Limitations on keeping of Chapter 6, Animals and Fowl; §11.1-2, Definitions, and subsection (d) of §11.2-19, Performance bond, of Chapter 11.1, Erosion and Sediment Control; §21-43.1, Prohibition against operation of certain lighted athletic facilities after 10:00 p.m., and §21-205, Definitions, of Chapter 21, Offenses - Miscellaneous; subsections (1)Co), (l)(c), (3)(a) and (7) of §27.1-2, Projections over sidewalks, streets, alleys or other public property, of Chapter 27.1, Signs and similar Projections over city rights-of-way or property; §30-14, Procedure for altering or vacating city streets or alleys; fees therefor, and subsection (a) of {}30-86, Construction in C-3 zoning district, of Chapter 30, Streets and Sidewalks; §32-7, Delinquent real estate taxes, of Chapter 32, Taxation; and subsection (e) of §33-17, Definitions, of Chapter 33, Vegetation and Trash, and deleting Article II, Temporary Signs, of Chapter 27.1, Signs and Similar Projections over City Right-of-Way or Property, of the Code of the City of Roanoke (1979), as amended, to make changes in the City Code necessitated by the adoption of Chapter 36.2, Zoning; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amending subsections (a), (b)(2) and (b)(4) of §6-27, Limitations on keeping, of Article II, Dogs Generally; subsection (b) of §6-112, Density requirements, of Article VI, 032406 Beekeeping; and subsections (a), (b)(2) and (b)(4) of §6-116, Limitations on keeping, of Article VII, Cats, of Chapter 6, Animals and Fowl, to read and provide as follows: Section 6-27. Limitations on keeping. (a) No person shall keep or harbor, have in his care, act as the custodian of, permit to remain on or about premises occupied by him or otherwise be the owner of more than four (4) dogs on any parcel of real property zoned for residential use hhis-C-ode) or used for residential purposes. (b) This section shall have no application to: (2) Dogs kept on any parcel of real property zoned RA, Residential- Agricultural District, pursuant to chapter 36.1 36.2 of this Code; (4) Dogs kept at a veterinary hospital, or laboratory for the purpose of study, observation or medical research provided that any veterinary hospital, or any such laboratory shall comply with chapters 19, License Tax Code, and 36.1 36.2, Zoning, of this Code. Sec. 6-112. Density requirements. (b) The density restrictions established by this section shall have no application to beehives kept, placed or maintained on any parcel of real property of one (1) acre or larger in size or on any parcel zoned RA, Residential- Agricultural, D ~1~,1~! A dBll~ ..... [~ ^ ~ District. Sec. 6-116. Limitations on keeping. (a) No person shall keep or harbor, have in his care, act as the custodian of, permit to remain on or about premises occupied by him or otherwise be the owner of more than four (4) cats on any parcel of real property zoned for residential use or use r residentia urposes; ~ .... , .... , .... , ..... , ..... , .... v ........... v .............. cae prov ed, however, a total of six 032406 2 (6) cats shall be permitted on any such parcel if each of such six (6) cats has been spayed or neutered, and the owner of each spayed or neutered cat has in his possession a certificate of such fact issued to the owner for each such cat and executed by a duly licensed veterinarian containing a description of the cat, the name of the owner and the date on which spaying or neutering took place. (b) This section shall have no application to: *** (2) Cats kept on any pamel of real property zoned RA, Residential- Agricultural District, pursuant to Chapter ~.I 36.2 of this Code; (4) Cats kept at a veterinary hospital, cattery, or laboratory for the purpose of study, observation or medical research provided that any veterinary hospital, cattery, or any such laboratory shall comply with Chapters 19, License Tax Code, and 36.1 36.2, Zoning, of this Code. 2. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amending §11.1-2, Definitions; and subsection (d) of §11.2-19, Performance bond, of Chapter 11.1, Erosion and Sediment Control, to read and provide as follows: Sec. 11.1-2. Definitions. For the purposes of this chapter, certain terms and words used herein shall have the following meaning, unless the context indicates otherwise: Comprehensive development plan: A development plan and related information required by section 2~.I 571 36.2-553 of this Code to be submitted in conjunction with an application for certain zoning permits. Sec. 11.2-19. Performance bond. 032406 3 (c) Within sixty (60) days of the completion of the requirements of the stormwater management plan and the meeting of all requirements of this chapter, the applicant shall request, in writing, that the bond with surety, cash escrow, or letter of credit or the unobligated or unexpended portion thereof be returned to the applicant or terminated. (d) The above subsection notwithstanding, performance guarantees required by this chapter may be combined with or included as a specific part of the sum total of any other single guarantee required by chapter 31, sf'ubdivisions, or eChapter 2g.l 36.2, zZoning, of this Code. 3. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amending §21-43.1, Prohibition against operation of certain lighted athletic facilities after 10:00 p.m., of Article I, In General; and §21-205, Definitions, of Article VII, Noise Control, of Chapter 21, Offenses - Miscellaneous, to read and provide as follows: Sec. 21-43.1. Prohibition against operation of certain lighted athletic facilities after 10:00 p.m. No person shall play or permit to be played any game of baseball, softball, soccer, football, or similar any other game or spoil, on any lighted field, court, athletic facility or playfield, regardless of whether such facility or playfield is owned by this city or any other political subdivisions of the commonwealth or any private person, within the boundaries of the city, or permit such field, court, athletic facility or playfield, to remain lighted, after the hour of 10:00 p.m., any c;'cn~ng if such field, court, athletic facility or playfield, is located, wholly or partially, within a district of the city zoned R-S R, Residential Single-Family District, as defined by this Code or if the boundaries of the parcel on which suchfield, court, athletic facility or playfield is located are immediately contiguous to another parcel zoned R4; R, Residential Single-Family District, as defined by this Code. Any person violating this section shall be guilty of a Class 4 misdemeanor. In addition, any such violation is hereby declared a public nuisance and any person suffering injury or damage therefrom may seek the correction, removal or abatement of such nuisance through appropriate suit in equity. Sec. 21-205. Definitions. 032406 4 The following words, when used in this article, shall have the following respective meanings, unless the context clearly indicates a different meaning: Residential has reference to single-family, *'..^ .......... ~, and multifamily and residential mixed density zoning district classifications 4. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amending subsections (l)(b), (l)(c), (3)(a) and (7) of §27.1-2, Projections over sidewalks, streets, alleys or other public property, of Article I, In General, of Chapter 27.1, Si.~jas and similar projections over city rights-of-way or property, to read and provide as follows: Sec. 27.1-2. Projections over sidewalks, streets, alleys or other public property. No sign, marquee, awning, canopy, fire escape, cornice, bay window, clock, thermometer or other appendage attached to a building shall be attached to, or placed on or project over, any sidewalk, street, alley or other public property, except in conformance with the provisions of the Virginia Uniform Statewide Building Code, as amended, and the following provisions: (I) Signs. projecting over any sidewalk, street, alley or other public properly shall be rigidly secured to the building or structure, and swinging signs are prohibited. (c) Within the area of the city zoned C~, ~ r,...~.,.,.,~ ~.,.o,.~oor"'~: .... ~-,o,,,.,~:~*~' D, Downtown District, '":'~ ....... ~ ......... cf H I u:~,~ ~;~,~. the city manager may issue pe~its for moveable A-flame or "sandwich bo~d" si~s to be placed on city sidewalks in locations approved by the city m~ager, and for such periods of time as ~e approved by the city m~ager, aRcr a cc~iScatc cf ..... ~ ................. ~ .................... 36.1 327. ~e dimensions uch si~s shall comply with the city's zoning regulations, and e,,~h ~:~ .~u .~, ~ be of durable construction, ~d when displayed, shah be ~chored in a ma~er approved by the city manager. Fees for such si~s shah be as preschbed by city 032406 5 council in the city's fee compendium for permanent s s. ,~.e ~ Such signs shall not project over any portion of a street used by vehicles nor shall they obstruct the sidewalk to less than six (6) feet in width. (3) Marquees, canopies and awnings. (a) Any person applying for a permit for the erection of a marquee, canopy or ....... t shall cause awning an accurate and detailed drawing thereof to be prepared, ;- ...... v ...... , showing especially the relation thereof to the full front and side elevation of the building involved and other requisite information and data necessary to fully illustrate the proposed installation, and submit the same to the building commissioner for approval. Marquees, canopies and awnings may project over sidewalks, but not over streets, alleys or other such public rights-of-way. (7) Within t-he an area of the city zcned C 3, Central Business District with an overlay zoning of H-l, Historic Downtown Overlay District, or H-2, Historic Neighborhood Overlay District, all appendages to buildings which are attached to, placed on or project over, any sidewalk, street, alley or other public property, shall be the subject of a certificate of appropriateness issued in compliance with Chapter 36.1 36.2 of the Code of the City of Roanoke (1979), as amended. 5. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by deleting Article II, Temporary Signs, of Chapter 27.1, Signs and Similar Proiections Over city Right-of-Way or Property, to read and provide as follows: 032406 6 Q 032406 7 (2) (3) 032406 8 6. ' The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amending §30-14, Procedure for altering or vacating city streets or alleys; fees therefor, of Article I, In General; and subsection (a) of §30-86, Construction in C-3 zoning district, of Article IV, Construction of Sidewalks, Curbs and Sidewalk Crossings, of Chapter 30, Streets and sidewalks, to read and provide as follows: Sec. 30-14. Procedure for altering or vacating city streets or alleys; fees therefor. Streets and alleys in the city may be altered or vacated on motion of the city council or on application of any person, in accordance with Section ~ ]5.2-2006, Code of Virginia (]950), as amended, as follows: (1) Applications for the alteration or vacation of any street or alley shall be filed with the city clerk. (2) A fee, in an amount prescribed by city council, shall be charged by the city for processing of all applications for the alteration or vacation of any street or alley, which fee shall be in addition to all other expenses or costs, including advertising costs and the cost of notifying affected property owners. The fee shall be payable to the city clerk. The city clerk shall not accept any application unless such fee is paid. No fee shall be charged upon city council's own motion for the alteration or vacation of a street or alley, or upon the application of any state, federal or local governmental authority for the same. (3) Upon the filing of an application for the alteration or vacation of a street or alley, the city clerk shall immediately refer the same to the city planning commission without further action of council. No viewers shall be appointed. Every application shall include a list of the names and addresses, if known, of the owner or owners of all of the property affected by a proposed alteration or vacation of a street or alley. (4) The city planning commission shall hold a public hearing on applications referred to it by the city clerk, after notice of the proposed alteration or vacation of a street or alley has been published twice, with at least six (6) days elapsing between the first and second publication, in a newspaper published or having general circulation in the city, and after written notice has been mailed to the owner or owners of all of the property directly affected by the proposed alteration or vacation. The cost of publishing said notices shall be paid by the applicant. All required notices shall specify the time and place of the hearing at which persons affected may appear and present their views. 032406 9 (5) Following the hearing before the city planning commission on an application to alter or vacate a street or alley, the commission shall report in writing to the city council whether in its opinion, any, and if any, what inconvenience would result if the application were approved by council, and the commission shall report and make a recommendation to council as to whether the application should be approved. (6) The city council shall act on an application to alter or vacate a street or alley at a public hearing after notice of the proposed alteration or vacation of a street or alley has been published twice, with least six (6) days elapsing between the first and second publication, in a newspaper published or having general circulation in the city. Such notice shall specify the time and place of the heating at which persons affected may appear and present their views. The cost of publishing said notices shall be paid by the applicant. (7) In acting on an application to alter or vacate a street or alley, city council shall consider the report and recommendation from the city planning commission, the views of those who speak at the public hearing, and other evidence, if any. (8) A certified copy of any ordinance adopted by city council altering or vacating any city street or alley shall be transmitted by the city clerk to the clerk of the circuit court of the City of Roanoke and shall be recorded as deeds are recorded, and indexed in the name of the City of Roanoke as grantor. (9) A certified copy of the ordinance adopted by city council altering or vacating any street or alley shall be transmitted by the city clerk to the city engineer, who shall mark "permanently vacated, discontinued and closed" on that portion of the street or alley altered or .vacated, referring to the aforesaid ordinance. Sec. 30-86. Construction in C ........ ~ ........ D, Downtown District. (a) Notwithstanding any other provision in this article to the contrary, upon proper application, the city manager may authorize the installation of public sidewalks within that area of the city zoned d~vgi~eg~t-~e I ~K ...... AAA ~ ~ '~ *~*..1 ~....; .... .4:.,~, D DO Dist i · . ~- ~..,, ............ , .... ~ ......................... , wntown r ct, to be constructed of suitable materials other than concrete or according To standard specifications prepared by the city manager; provided, that any such construction shall be first approved by the city manager as to the texture of the wearing surface, type of material, thickness and load bearing capacity; and provided further, that, subject to the limitation imposed in section 15.1 229 15.2-2404, Code of Virginia (1950), as amended, the cost of such construction shall be borne entirely by the abutting property 032406 10 owner who shall agree to maintain and replace such sidewalk, when necessitated by construction or relocation of public utilities or otherwise, and when directed by the city manager, at no cost to the city. Such property owner shall, prior to commencing any such construction, post the appropriate bond required in section 30-88. 7. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amending §32-7, Delinquent real estate taxes, of Article I, In General, of Chapter 32, Taxation, to read and provide as follows: Sec. 32-7. Delinquent real estate taxes. Pursuant to the provisions of § 15.2-2286.B, Code of Virginia (1950), as amended, prior to the initiation of an application for, or final approval of, a special exception, a variance, or a rezoning pursuant to the provisions of chapter 36.2, Zoning, of this Code, or for a building permit pursuant to the provisions of chapter 7, Building Regulations, of this Code, or for an erosion and sediment control or other land disturbing permit pursuant to the provisions of chapter 11.1, Erosion and Sediment Control, of this Code, the applicant shall produce satisfactory evidence that any delinquent real estate taxes owed to the city which have been properly assessed against the subject property have been paid. Provided, however, that such special exception, variance, rezoning, building permit or other land disturbing permit may not be denied solely on the basis of delinquent real estate taxes, penalties or interest when the taxpayer has one (1) of the following bona fide appeals pending (all references are to the Code of Virginia (1950) as amended): (i) application for correction of an assessment of taxes pursuant to §58.1-3980; (ii) appeal of a local license tax pursuant to §58.1- 3703.1; (iii) appeal by a political subdivision pursuant to §58.1-3982 of a correction of assessment of local taxes; (iv) appeal of a local tax or local business tax pursuant to §58.1-3983.1; (v) an application pursuant to §58.1-3984 for correction ora local tax or local business tax, as those terms are defined in §58.1-3983.1; or (vi) an application for correction or equalization of an assessment with respect to real property pursuant to §58.1 ~3350. 8. The Code of the City of Roanoke (1979), as amended~ is hereby amended and reordained by amending subsection (e) of §33-17, Definitions, of Article I, In generak of Chapter 31, Vegetation and Trash, to read and provide as follows: 032406 1 1 Sec. 33-17. Definitions. For the purpose of this chapter, certain terms and words used herein shall be defined as follows: (e) Parcel means any real estate (and any interest therein) lying in the City of Roanoke, Virginia, identified by a City of Roanoke Official Tax Number, and including the area in the public right-of-way which is between the property line of the real estate which is identified by a City of Roanoke Official Tax Number and the curb, the improved portion ora roadway, or the centerline of any alley or unimproved street. Such term shall not include any real estate ly/ng in an RA, ~ Residential-Agricultural District, as defined elsewhere in this Code. 9. 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. O32406 12 CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov April 3, 2006 Honorable C. Nelson Harris, Mayor Honorable Beverly Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Amendments to City Code With the adoption of new zoning regulations on December 5, 2005 (Chapter 36.2 of the City Code), and the corresponding repeal of previous zoning regulations (Chapter 36.1 of the City Code), other sections of the City Code must be amended to make references to zoning regulations and zoning districts in those other sections consistent with the terminology and section numbers used in Chapter 36.2. In addition, with the regulation of temporary signs now included in Division 6. Signs (Sections 36.2-660 through 36.2-675) of Chapter 36.2, Zoning of the City Code, Article II (Sections 27.1-31 through 27.1-35) of the City Code should be repealed. Recommended Action: City Council adopt an ordinance which amends sections of the City Code that reference zoning regulations and zoning districts consistent with the terminology and section numbers used in Chapter 36.2; and which repeals Article II (Sections 27.1-31 through 27.1-35)of the City Code. Respectfully submitted, DLB:rbt C: William M. Hackworth, City Attorney Mary F. Parker, City Clerk Jesse A. Hall, Director of Finance Rolanda Russell, Assistant City Manager Brian Townsend, Director of Planning Building and Economic Development Steven J. Talevi, Assistant City Attorney CM06-0047 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 April 6, 2006 File #60-80-184 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No. 37351-040306 transferring $10,849.00 from the City Manager's contingency for a new Arts Festival Manager position, and amending and reordaining certain sections of the 2005-2006 General Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 3, 2006, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment pc: Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Office of Management and Budget Carolyn GIover, Acting Director, Human Resources L:\CLERK~DATA\CKEWI~AGENDA CORRESPONDENCE~agenda correspondence 06V~pr 06~Apr 3 06 correspondence.doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 3rd day of April, 2006. No. 37351-040306. AN ORDINANCE to transfer funding from the City Manager's contingency for a new Arts Festival Manager position, amending and reordaining certain sections of the 2005-2006 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2005-2006 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Employee Salaries City Retirement FICA Contingency 001-300-1211-1002 9,021 001-300-1211-1105 1,138 001-300-1211-1120 690 001-300-9410-2199 (10,849) Pursuant to the provisions of Section 1'2 of the City Charier, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov April 3, 2006 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 for Approval of Arts Festival Manager Background: In 2007, the City of Roanoke will be celebrating its 125'h Anniversary with local events and activities that will occur throughout the year. As one of the major events of the celebration, the City will host a performing arts festival which will incorporate all components of the performing arts, including symphony, theatre, ballet, and opera. The Roanoke Arts Festival will serve to commemorate the founding of Roanoke and to unite its citizens by way of music, dance, theatre, and art. The festival will also serve to expose a diverse group of citizens to artistic excellence and to assist in the City's high priority efforts in developing regional tourism. There will also be numerous celebratory events throughout the year to highlight important historical, cultural, and educational aspects of the City. To orchestrate the festival, the City of Roanoke needs to establish a full time position that will be responsible for the logistical and artistic programming and marketing efforts for the festival. This position will also be responsible for the planning, coordination, and managing of all celebratory activities for the City of Roanoke's 125th Anniversary Celebration. Mayor Harris and Members of City Council April 3, 2006 Page 2 Considerations: The Arts Festival Manager position will be classified as a Pay Grade 15 with salary range from $47,067 to $72,954. The projected cost for the remainder of FY2005-06 is $10,849. This funding is available in the City Manager Contingency (001-300-9410-2199). Recommended Action: Concur with the establishment of an Arts Festival Manager position for the City of Roanoke effective May 1, 2006. Adopt the accompanying budget ordinance to transfer funding in the amount of $10,849 from City Manager Contingency (001-300-9410-2199) to the object accounts listed below: Object Regular Employee Salaries City Retirement FICA Amount $9,021.00 $1,138.00 $690.00 Account Number 001-300-1211-1002 001-300-1211-1105 001-300-1211-1120 Respectfully submitted, DLB: ftg C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sherman Stovall, Director of Management & Budget Carolyn Glover, Acting Director of Human Resources CM06-00053 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 April 6, 2006 File #314 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 37352-040306 authorizing Blue Ridge Behavioral Healthcare to act as its own fiscal agent, effective July 1,2006, to receive State and Federal funds directly from the Department of Mental Health, Mental Retardation and Substance Abuse Services. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 3, 2006. Sincerely, Marg F. Parker, CMC City Clerk MFP:ew Attachment LSCLERI~DATA\CKEW1 ~AGENDA CORRESPONDENCE~agenda correspondence 06V~or 06~Apr 3 06 correspondence.doc Darlene L. Burcham April 6, 2006 Page 2 pc: S. James Sikkema, Executive Director, Blue Ridge Behavioral Healthcare, 301 Elm Avenue, S. W. Roanoke, Virginia 24016-4001 James E. Taliaferro, III, Assistant City Manager, City of Salem, P. O. Box 869, Salem, Virginia 24153 Diane S. Childers, CIVIC, Clerk, Roanoke County Board of Supervisors, P. O. Box 29800, Roanoke, Virginia 24018 Darleen R. Bailey, Clerk, Town of Vinton, 311 S. Pollard Street, Vinton, Virginia 24179 Gerald A. Burgess, County Administrator, Botetourt County, 1 West Main Street, Box 1, Fincastle, Virginia 24090 Larry V. Moore, Sr., County Administrator, Craig County, Corner of Court Street and Main Street, New Castle, Virginia 24127 Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget L:\CLERK~DATA\CKEWI~AGENDA CORRESPONDENCE'agenda correspondence 06~Apr 06V~r 3 06 correspondence.doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of April, 2006. No. 37352-040306. A RESOLUTION authorizing Blue Ridge Behavioral Healthcare to act as its own fiscal agent to receive state and federal funds directly from the Department of Mental Health, Mental Retardation and Substance Abuse Services. WHEREAS, Blue Ridge Behavior Healthcare is the operating community service board established by and supplying services to the political jurisdictions of Botetourt County, Craig County, the City of Roanoke, Roanoke County and the City of Salem; WHEREAS, §37.2-504A.18, of the Code of Virginia authorizes Blue Ridge Behavioral Healthcare to act as its own fiscal agent for receipt of state and federal funds directly from the Department of Mental Health, Mental Retardation and Substance Abuse Services when authorized to do so by the governing body of each city or county that established it; and WHEREAS, Blue Ridge Behavior Healthcare has requested authorization to act as its own fiscal agent effective July 1,2006. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Blue Ridge Behavioral Healthcare is approved and authorized as provided in §37.2-504A. 18, of the Code of Virginia, effective July 1, 2006, to act as its own fiscal agent to receive state and federal funds directly from the Department of Mental Health, Mental Retardation and Substance Abuse Services. 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-[138 City Web: www.roanokeva.gov April 3, 2006 Honorable C. Nelson Harris, Mayor Honorable Beverly T Fitzpatrick, Jr., Vice Mayor Honorable IVl. 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 for Blue Ridge Behavioral Health to Act as Its Own Fiscal Agent Background: Blue Ridge Behavioral Healthcare is a community service board established by the political jurisdictions of Botetourt County, Craig County, the City of Roanoke, Roanoke County, and the City of Salem. For numerous years, the City of Salem has served as the fiscal agent for Blue Ridge Behavioral Healthcare due to restrictions contained in the old state law. The old state law required that a governing body of a city or county that initially established the board serve as its fiscal agent. However, effective October 1,2005, state law was amended to allow community service operating boards, such as BRBH, to act as their own fiscal agent when authorized to do so by the governing body of each city or county that established it. This provision is contained in Section 37.2-504A.18 of the Code of Virginia. At this point, BRBH is requesting that the City of Roanoke pass a resolution authorizing BRBH to serve as its own fiscal agent. I have reviewed the proposal from the BRBH and have no objections to City Council adopting a resolution to authorize BRBH to act as their own fiscal agent. The City of Salem, the current fiscal agent and entity most affected by this change, has raised no objections to Mayor Harris and Members of City Council April 3, 2006 Page 2 this change. All otherjurisdictions have agreed to propose a resolution for adoption on this matter as well. Recommended Action: City Council approve the resolution authorizing Blue Ridge Behavior Healthcare to act as its own fiscal agent. Respectfully submitted, City Manager DLB:fg C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sherman M. Stovall, Director of Management & Budget S. James Sikkema, Executive Director of BRBH CM06-0056 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 April 6, 2006 File #166 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 37353-040306 renaming certain City owned and/or controlled parking facilities; and authorizing the City Manager to take appropriate action and to execute documents necessary to effect the renaming of the parking facilities, effective June 1,2006, as more fully set forth in a letter from the City Manager addressed to the Council under date of April 3, 2006. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 3, 2006. Mary F. Parker, CMC City Clerk MFP:ew Attachment L:\CLERK~DATA\CKEWI~AGENDA CORRESPONDENCE~agenda correspondence 06'¢~or 06'v~pr 3 06 conespondence.doc Darlene L. Burcham April 6, 2006 Page 2 pc: The Honorable Sherman A. Holland, Commissioner of the Revenue Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget R. Brian Townsend, Director, Planning Building and Economic Development Philip C. Schirmer, City Engineer Susan S. Lower, Director, Real Estate Valuation L:\CLERK~DATA\CKEWI~AGENDA CORRESPONDENCE~agenda correspondence 06V~r 06V~or 3 06 correspondence.doc ))1, ./ IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA The 3rd day of April, 2006. No. 37353-040306. A RESOLUTION renaming certain City owned and/or controlled parking facilities; authorizing the City Manager to take any appropriate action and execute any documents necessary to effect the renaming of these parking facilities; and establishing an effective date. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. In accordance with the recommendation contained in the City Manager's letter to Council dated April 3, 2006, Council hereby renames certain City owned and/or controlled parking facilities, as set forth below: Tower Parkin Gara e Williamson Road Parking Garage New Name Market Gara e Church Avenue Gara e Gainsboro Garage Center in the Square Garage Tower Gara e Elmwood Park Gar e Name Cham!es to Parkin/{ Lots Current Name New Name Bullitt Avenue Surface Lot Elmwood Lot Church Avenue Surface Lot Market Lot ( aka Nickel Lot) Gainsboro Surface Lot Higher Ed Center Lot Salem Avenue Surface Lot Warehouse Row Lot Williamson Road Surface Lot Williamson Lot 2. The effective date for such name changes shall be June 1, 2006. 1 3. In the event that any instrument entered into by the City incorporated the current name ora parking facility whose name is changed hereby, the new name shall be deemed to be incorporated into such document without the necessity of amending such document. 4. The City Manager is authorized to take any appropriate action and execute any documents that may be necessary to effect the renaming of such parking facilities. ATTEST: City Clerk. 2 CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov April 3, 2006 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: Renaming of City Owned and/or Controlled Parking Facilities Background: The City currently owns and/or controls (11) parking facilities in downtown Roanoke. The City has adopted several strategies to help Roanoke area residents and visitors become more aware of the abundant parking options provided in the downtown area. A new "Park Roanoke" logo has been designed and approved for use in the development of new exterior signage for all of the City's current and future parking facilities. The naming of parking facilities is an equally important aid to help drivers identify and locate parking close to their destination. Short, concise, and recognizable names with this type of destination association are a proven combination to connect drivers to the most convenient parking for their destination. Considerations: In order to act in concert with the new signage initiatives, the renaming of these parking facilities (as set forth in Attachment 1) should be accomplished at the same time as the improvements are made to the exterior signage for each parking facility. The effective date for the name changes should be June 1, 2006. Honorable Mayor and Members of City Council April 3, 2006 Page 2 Recommended Action: Council approve the name changes for the parking facilities as set forth in Attachment 1. Council further authorize the City Manager to take any appropriate action and execute any documents that may be necessary to effect the renaming of these parking facilities. Respectfully submitted, City Manage~ DLB:djm C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance R. Brian Townsend, Director of Planning, Building and Economic Development Philip Schirmer, City Engineer Susan Lower, Director of Real Estate Valuation Sherman, Holland, Commissioner of the Revenue CM06-00040 Attachment I to Council Letter CM06-00040 Dated April 3, 2006 Proposed Name Changes to Garages Current Name Williamson Road Parking Garage Century Station Parking Garage Market Square Parking Garage Church Avenue Parking Garage Tower Parking Garage Gainsboro Parking Garage( aka Shenandoah Parkin~l Gara~le) Strategy: Name parking facilities for destinations where people will be traveling Proposed New Names Elmwood Park Garage Market Garage Center in the Square Garage Church Avenue Garage Tower Garage Gainsboro Garage Proposed Name Changes to Parking Lots Current Name Bullitt Avenue Surface Lot Williamson Road Surface Lot Salem Avenue Surface Lot Gainsboro Surface Lot Church Avenue Surface Lot ( aka Nickel Lot) Strategy: Name parking facilities for destinations where people will be traveling. Remove" Surface Lot" name from all lots and simplify as much as possible. Proposed New Names Elmwood Lot Williamson Lot Warehouse Row Lot Higher Ed Center Lot Market Lot 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 April 6, 2006 File #166 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, April 3, 2006, Council Member Wishneff requested that the naming of a City facility in memory of the late restaurateur, Al Pollard, be referred to the City Manager and to the City Planning Commission (Subcommittee) for study, report and recommendation to Council. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew pc: Martha P. Franklin, Secretary, City Planning Commission L:\CLERKSDATA\CKEWI~AGENDA CORRESPONDENCE~agenda correspondence 06Vkpr 06~Apr 3 06 correspondence.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 April 6, 2006 File #51-166 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 37354-040306 authorizing the City Manager to file a petition to amend proffered conditions, and any subsequent amended petition necessary and appropriate to effect Vision 2001 - 2020, the City's Comprehensive Plan, presently binding on property owned by the City of Roanoke, described as Official Tax No. 7160113, located at the entrance to the Roanoke Centre for Industry and Technology on the northeast corner of Blue Hills Drive and Orange Avenue, N. E. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 3, 2006, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attach ment L:\CLERK~DATA\CKEWI~AGENDA CORRESPONDENCE~agenda correspondence 06V~,pr 06V~or 3 06 correspondence.doc Darlene L. Burcham April 6, 2006 Page 2 pc: Jesse A. Hall, Director of Finance Rolanda B. Russell, Assistant City Manager for Community Development R. Brian Townsend, Director, Planning Building and Economic Development L:\CLERK~DATA\CKEW1 ~AGENDA CORRESPONDENCE~agenda correspondence 06V~r 06',Apr 3 06 correspondence.doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of April, 2006. No. 37354-040306. A RESOLUTION authorizing the filing of a petition to amend the proffered conditions, and any subsequent amended petition necessary and appropriate to effect Vision 2001 - 2020, the City's Comprehensive Plan, presently binding on property which is owned by the City of Roanoke and which is designated as Official Tax No. 7160113. WHEREAS, the City of Roanoke owns certain property designated as Official Tax No. 7160113, located at the entrance to the Roanoke Centre for Industry and Technology on the northeast comer of Blue Hills Drive, N.E., and Orange Avenue, N.E., and further identified as Official Tax No. 7160113; WHEREAS, such property is currently zoned CG, Commercial-General District, subject to certain proffered conditions; and WHEREAS, it is the desire of City Council to consider amending the proffered conditions of such property in order to expand the range of permitted commercial uses to enhance the marketability of the property and to determine whether the public necessity, convenience, general welfare or good zoning practice, require such amendment of proffered conditions. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the public necessity, convenience, general welfare and good zoning practice, require the filing of a petition to amend the proffered conditions, and any subsequent amended petition necessary and appropriate to effect Vision 2001 - 2020, the City's Comprehensive Plan, on the property located at the northeast comer of Blue Hills Drive, N.E., and Orange Avenue, N.E., further identified as Official Tax No. 7160113. 2. That the City Manager is authorized to file a petition to amend proffered conditions, and any subsequent amended petitions necessary and appropriate to effect Vision 2001 - 2020, the City's Comprehensive Plan, on the property located at the northeast comer of Blue Hills Drive, N.E., and Orange Avenue, N.E., further identified as Official Tax No. 7160113. ATTEST: City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov April 3, 2006 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: Amendment of proffered conditions on a site in Roanoke Centre for Industry and Technology (RCIT) On August 16, 2004, City Council rezoned Official Tax Number 7160113, located at the entrance to RCIT from LM, Light Industrial, to C-2, General Commercial, with conditions, by Ordinance No. 36821-081604. The rezoning provided for a range of commercial uses that would take advantage of the visibility and access provided by Orange Avenue, and complement and support the existing light industrial development in the center. With the adoption of the current zoning map on December 5, 2005, the property became CG, Commercial-General District, subject to those previously approved proffered conditions. The existing proffers limit the range of permitted commercial uses, prohibit access to the site directly from Orange Avenue, and limit the number of freestanding signs. Since the property was rezoned in 2004, it has been determined that the range of permitted commercial uses should be expanded to enhance the marketability of the property. Furthermore, the list of uses should now conform to those specified in the Use Matrix of the current Zoning Ordinance which was adopted in December 2005. Mayor Harris and Members of City Council April 3, 2006 Page 2 Recommended Action: Authorize the City Manager to file a petition to amend proffered conditions, and any subsequent amended petition necessary and appropriate to effect Vision 2001-2020, the City's Comprehensive Plan, on the property located at the northeast corner of Blue Hills Drive, N.E., and Orange Avenue, N. E., further identified as Official Tax Number 7160113. Respectfully submitted, Darlene L. B~'rcham City Manag~i' DLB:cc Attachment C: William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Mary F. Parker, City Clerk Rolanda Russell, Assistant City Manager for Community Development CM06-00043 PETITION TO AMEND PROFFERED CONDITIONS IN THE COUNCIL OF THE CITY OF ROANOKE IN RE: Amendment of Proffered Conditions on a tract of land lying at the intersection of Orange Avenue, N.E., and Blue Hills Drive, N.E., identified as Official Tax No. 7160113, zoned CG, Commercial-General District, with conditions TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: By Ordinance No. 36821-081604, City Council rezoned the property identified as Tax Map No. 7160113, from LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain proffered conditions. As part of a comprehensive rezoning adopted by City Council on December 5, 2005, the property was rezoned from C-2, General Commercial District, to CG, Commercial-General District, with conditions. A location map of the property is attached as Exhibit 1. The City of Roanoke and requests that the conditions relating to said property be amended as hereinafter set out. The City of Roanoke 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. The City of Roanoke hereby requests that the following proffers enacted by Ordinance No. 36821-081604 be repealed: 1. Principal permitted uses on the property shall be limited to the following: Restaurants; Hotels, motels, and inns; Business service establishments; Indoor recreational uses limited to a fitness center; General and professional offices including financial institutions; and Day care centers with unlimited capacity subject to the requirements of Section 36.1-5610, et seq. 2. There shall be no curb cuts on Orange Avenue/Route 460. 3. Freestanding signage shall be limited to one (1) per principal permitted use developed on the property. The City of Roanoke hereby requests that the following proffered conditions be substituted and adopted for those existing proffers delineated above: 1. Principal permitted uses on the property shall be limited to the following: Hotel or motel; Business service establishment, not otherwise listed in Table 340-1. Use Matrix; Financial institution; Office, general or professional; Office, general or professional, Large scale; Drive-through facility, subject to Sec. 36.2-409; Mixed use building, subject to Sec. 36.2-416; Bakery, confectionary, or similar food production, retail; Dry cleaning and laundry pick-up station; Personal service establishment, not otherwise listed in Table 340-1. Use Matrix; Retail sales establishment, not otherwise listed in Table 340- 1. Use Matrix; Eating establishment; Eating and drinking establishment, not abutting a residential district; Entertainment establishment, not abutting a residential district; Health and fitness center; Recreation, indoor; q. Artist studio; r. Day care center, adult; s. Day care center, child, subject to Sec. 36.2-408 2. There shall be no curb cuts on Orange Avenue/Route 460. 3. Freestanding signage shall be limited to one (1) per principal permitted use developed on the property. Attached as Exhibit 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 City of Roanoke 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 day of ,2006. By: City of Roanoke Dadene L. Burcham City Manager 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-2333 Darlene L. Burcham, City Manager Exhibit 1. Tax Map Number 7160113 7210107 Roanoke County N CG 7160102 7160113 7160107 7160110 7110122 CG 7160101 7160104 CG 711O125 7110126 CG 7160111 7160112 7160103 1101031N 7110123 CG 7110105 1NPUD 7110104 7110102 RM-2 EXHIBIT 2 - Adjoining Property Owners City of Roanoke Tax Map No./ Property Address 7110124 3565 Orange Avenue, NE 7110125 1445 Mexico Way, NE 7110122 3656 Orange Avenue, NE 7110106 3675 Orange Avenue, NE 7210107 Blue Hills Drive, NE 7160102 Omnge Avenue, NE Owned Mailinq Address National Bank of Commerce c/o Suntrust Bank 919 East Main Street HDQ 8614 Richmond, VA 23219 Member One Federal Credit Union 202 Fourth Street, NE Roanoke, VA 24016 FUDDS ofSWVAInc. 5041-A Benois Road Roanoke, VA 24014 Evelyn Keister Gish 2405 E. Ruritan Road Roanoke, VA 24012-6915 O~is Companylnc P O Box12000 Roanoke, VA 24022 City of Roanoke County of Roanoke 050 05 01 26 00 0000 0 Challenger Drive 050 05 01 28 00 0000 WS Association ofVi~inia, LLC 5041A~Benois Road Roanoke, VA 24014 MichaelJ. and Ulinda S. Grome 4050 Tmil Drive, NE Roanoke, VA 24012 050 05 01 29 00 0000 050 05 01 30 00 0000 050 01 01 01 01 0000 050 01 01 01 02 0000 3735 Challenger Drive 049 08 01 13 00 0000 Gregory A. and Lori Bailey 4052 Trail Drive, NE Roanoke, VA 24012 Dewey Q. and Iva C. Stilwell 4111 Blue View Drive Roanoke, VA 24012 ABS Properties, LLC c/o Acme Business Machines 3727 Challenger Drive, NE Roanoke, VA 24012 F A Properties P O Box 21707 Roanoke, VA 24018 Nelson and Janie Dudley 4110 Blue View Drive Roanoke, VA 24012 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 April 6, 2006 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk File #514 Robert B. Manetta, Attorney Carillon Health System 213 S. Jefferson Street, Suite 720 Roanoke, Virginia 24011 Dear Mr. Manetta: I am enclosing three copies of Ordinance No. 37355-040306 amending and reordaining Ordinance No. 36945-011804 adopted by the Council on January 18, 2004, permanently vacating, discontinuing and closing a 15 foot alley running between Whitmore Avenue and Reserve Avenue and parallel to Jefferson Street, S. W., to provide that if certain conditions have not been met within 24 months from the date of adoption of Ordinance No. 37355-040306, such ordinance shall be null and void with no further action by the Council being necessary. The applicant is required to file a certified copy of Ordinance No. 37355-040306 and Ordinance No. 36945-011804 in the Office of the Clerk of the Circuit Court. The abovereferenced Ordinance No. 37355-040306 was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 3, 2006, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosure pc: William M. Hackworth, City Attorney Martha P. Franklin, Secretary, City Planning Commission L:~CLERK~ATA\GKEW1 ~AGENDA CORRESPONDENCE~agenda correspondence 06',Apr 06L~or 3 06 correspondence.doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of Apr±l, 2006. No. 37355-040306. AN ORDINANCE amending and reordaining Ordinance No. 36945-011805; and dispensing with the second reading by title of this ordinance. WHEREAS, by adopting Ordinance No. 36945-011805 on January 18, 2005, City Council intended to permanently vacate, discontinue and close a 15' alley running between Whitmore Avenue, S.W., and Reserve Avenue, S.W., and parallel to Jefferson Street, S.W.; WHEREAS, Ordinance No. 36945-011805 provided that it would be null and void, with no further action by City Council being necessary, if certain conditions were not met; WHEREAS, Ordinance No. 36945-011805 became null and void, by its terms, when those conditions were not met; WHEREAS, an extension of time in which the conditions can be met will effectuate the purpose of Ordinance No. 36945-011805; and WHEREAS, Carilion Medical Center and CHS Inc., by counsel, have requested that the deadline for such conditions to be met be extended by twelve (12) months. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the next to last paragraph of Ordinance No. 36945-011805 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 twenty-four (24) 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. 36945-011805 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. City Clerk. IN THE COUNC]I, OF THE CITY OF ROANOKE, VIRGINIA, The ]8th day of January, 2005. No. $69~5-011805. AN ORDINANCE permanently vacating, discontinuing and dosing a certain public right-of- way in the City of Roanoke,.¥irginia, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. WHEREAS, Carilion Medical Cenler and CHS, Inc. filed an application to lhe 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 heating on the matter, has made its recommendation to Council; WHEREAS, a public heating was held on such application by the City Council on January 18, 2005, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which heating all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing fi.om the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public fi.om permanently vacating, discontinuing and closing such public right.of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That 15' alley running between Whilmore Avenue, S.W., and Reserve Avenue, S.W., and parallel to Jefferson St., S.W. be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any utility company or public authority, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sanitary sewer and waler mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across such public fight-of-way, together with the 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 lime such work is undertaken; such easement or easements to terminate upon the later abandonment o fuse or permanent removal from the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way lo be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other condit/ons to 2 the grant!ng of the application, deliver to the Clerk of the Circuit Court of the Ci~ 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 Petilioner, 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, ~he Clerk's receipt, demonstrating thai such recordation has occurred. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of twelve (l 2) 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. ATTEST: 3 WILLIAM M. HACKWORTH CITY ATTORNEY CITY OF ROANOKE OFFICE OF CITY ATFORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 540-853-2431 FAX: 54(I-853-1221 EMAIL: cityatty Cm roanokeva go* TIMOTHY R. SPENCER STEVEN J. TALEV1 GARY E. TEGENKAMP DAVID L, COLLINS HEATHER P. FERGUSON ASSISTANFCYfy ATTORNEYS April 3, 2006 Honorable C. Nelson Hams, 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 Re~ Amendment and reordainment of Ordinance No. 36945-011805, vacating, discontinuing and closing a 15' alley running between Whitmore Avenue, S.W., and Reserve Avenue, S.W., and parallel to Jefferson Street, S.W. Dear Mayor Hams and Members of Council: Background: On January 18, 2005, Ordinance No. 36945-011805 was adopted by City Council, permanently vacating a 15' alley running between Whitmore Avenue, S.W., and Reserve Avenue, S.W., and parallel to Jefferson Street, S.W., upon certain conditions. One of the conditions of the ordinance was that the petitioners, Carilion Medical Center and CHS, Inc., prepare and record a plat, showing the disposition of the land within the subject right-of-way, in the Clerk's Office of the Circuit Court for the City of Roanoke within a period of twelve (12) months from the effective date of the ordinance. If all of the conditions were not met within the twelve (12) month time frame, the ordinance provided that it would become null and void without further action by City Council. The petitioners, by their attorney, Daniel F. Layman, Jr., have advised that the conditions of the ordinance were not completed due to a misunderstanding between the Housing Authority and the petitioners as to the responsibility for meeting the conditions. Mr. Layman has requested that Ordinance No. 36945-011805 be amended and reordained to allow twenty-four (24) months for meeting the conditions. The Engineering Department and the Department of Planning Building and Economic Development have reviewed the request, and they have no objection to it. Honorable Mayor Harris and Members of City Council April 3, 2006 Page 2 Recommendation: Amend and reordain Ordinance No. 36945-011805 with the condition that the period of time required for satisfaction of the conditions be changed from twelve (12) months to twenty-four (24) months. Respectfully submitted, WMH:s pc: William M. Hackworth City Attomey Darlene L. Burcham, City Manager Mary F. Parker, City Clerk Jesse A. Hall, Director of Finance R. Brian Townsend, Agent, City Planning Commission Daniel F. Layman, Jr., Esquire Robert Manetta, Esquire HMMCC-Extend time amend and reordain IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA RESOLUTION NO. 37356 -040306 A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE AT NEGOTIATED SALE OF NOT TO EXCEED FORTY-TWO MILLION HVE HUNDRED THOUSAND DOLLARS ($42,500,000) PRINCIPAL AMOUNT OF CITY OF ROANOKE, VIRGINIA, GENERAL OBLIGATION PUBLIC IMPROVEMENT REFUNDING BONDS; FIXING THE FORM, DENOMINATION AND CERTAIN OTHER DETAILS OF SUCH BONDS AND DELEGATING TO THE CITY MANAGER AND THE DIRECTOR OF FINANCE AUTHORITY, AMONG OTHER THINGS, TO SELECT AN UNDERWRITER FOR SUCH BONDS, TO EXECUTE AND DELIVER TO SUCH UNDERWRITER A BOND PURCHASE CONTRACT BY AND BETWEEN THE CITY AND SUCH UNDERWRITER, TO DETERMINE THE AGGREGATE PRINCIPAL AMOUNT OF SUCH BONDS, THE MATURITY DATES OF SUCH BONDS AND THE PRINCIPAL AMOUNTS OF SUCH BONDS MATURING IN EACH YEAR, THE INTEREST PAYMENT DATES FOR SUCH BONDS AND THE RATES OF INTEREST TO BE BORNE BY SUCH BONDS, THE REDEMPTION PROVISIONS AND REDEMPTION PREMIUMS, IF ANY, APPLICABLE TO SUCH BONDS AND TO APPOINT AN ESCROW AGENT FOR THE BONDS TO BE REFUNDED FROM THE PROCEEDS OF SUCH BONDS; AUTHORIZING THE PREPARATION OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT AND THE DELIVERY THEREOF TO SUCH UNDERWRITER; AUTHOR/ZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE CERTIFICATE RELATING TO SUCH BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF AN ESCROW DEPOSIT AGREEMENT RELATING TO THE REFUNDED BONDS; AUTHORIZING THE CITY MANAGER AND THE DIRECTOR OF FINANCE TO APPOINT A VERIHCATION AGENT; AUTHORIZING THE CITY MANAGER AND THE DIRECTOR OF FINANCE TO DESIGNATE THE REFUNDED BONDS FOR REDEMPTION; AND OTHERWISE PROVIDING WITH RESPECT TO THE ISSUANCE, SALE AND DELIVERY OF SUCH BONDS AND THE REFUNDING OF THE REFUNDED BONDS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: SECTION 1. (a) (i) Pursuant to Ordinance No. 33373-050597 adopted by this Council on May 5, 1997, there were authorized to be issued, sold and delivered general obligation refunding bonds of the City in the principal amount of not to exceed $50,000,000 for the purpose of refunding in advance of their stated maturities certain outstanding general obligation public improvement bonds of the City. (ii) Pursuant to Ordinance No. 33652-111797 adopted by this Council on November 17, 1997, this Council authorized and approved the issuance and sale of a portion of the general obligation bonds referred to in Section l(a)(i) hereof, such bonds having been issued in the principal amount of $45,675,000, designated as the "City of Roanoke, Virginia, General 495476.2 029317 RES Obligation Public Improvement Refunding Bonds, Series 1997B" (the "Series 1997B Bonds"), dated December 15, 1997 and maturing in varying principal amounts on August 1 in each of the years 1998 through 2013, both inclusive. (b) (i) Pursuant to Resolution No. 34837-051500 adopted by this Council on May 15, 2000, there were authorized to be issued, sold and delivered general obligation public improvement bonds of the City in the principal amount of $7,500,000 for the purpose specified in Resolution No. 34837-051500. (ii) Pursuant to Resolution No. 34034-082100 adopted by this Council on August 21, 2000, there were authorized to be issued, sold and delivered an issue of general obligation public improvement bonds of the City in the principal amount of $2,500,000 for the purpose specified in Resolution No. 34034-082100. (iii) Pursuant to Resolution No. 35373-060401 adopted by the Council on June4, 2001, there were authorized to be issued, sold and delivered an issue of general obligation public improvement bonds of the City in the principal amount of $3,000,000 for the purpose specified in Resolution No. 35373-060401. (iv) Pursuant to the Public Finance Act of 1991 and Resolution No. 35489- 080601 adopted by this Council on August 6, 2001, there were authorized to be issued, sold and delivered an issue of general obligation public improvement bonds of the City in the principal amount of $31,245,000 for the purposes specified in Resolution No. 35489-080601. (v) Pursuant to Resolution No. 35636-110501 adopted by this Council on November 5, 2001, as amended by Resolution No. 35736-012202 adopted by this Council on January 22, 2002, this Council authorized the issuance and sale of the Bonds referred to in Section l(b)(i), (ii), (iii) and (iv), such bonds having been issued in the principal amount of $44,245,000, designated as the "City of Roanoke, Virginia, General Obligation Public Improvement Bonds, Series 2002A (the "Series 2002A Bonds"), dated February 1, 2002 and maturing in varying principal amounts on October 1 in each of the years 2002 through 2021, both inclusive. (c) This Council deems it advisable and in the best interest of the City to authorize and provide for the issuance, sale and delivery of an issue of general obligation public improvement refunding bonds for the purpose of providing for the refunding of all or a portion of the $17,880,000 principal amount of the Series 1997B Bonds maturing on or after August 1, 2007 (the "Refunded 1997B Bonds"), and all or a portion of the $21,810,000 principal amount of the Series 2002A Bonds maturing on or after October 1, 2013 (the "Refunded 2002A Bonds"). The Refunded 1997B Bonds and the Refunded 2002A Bonds are hereinafter referred to collectively and individually as the "Refunded Bonds". SECTION 2. (a) Pursuant to the Public Finance Act of 1991, including in particular Title 15.2, Chapter 26, Article 5, Section 15.2-2643 et seq., of the Code of Virginia, 1950, for the pulpose of providing funds to refund the Refunded Bonds in advance of their stated maturities and to pay the costs of issuance of the Bonds (as defined herein), there are hereby authorized to be issued, sold and delivered not to exceed Forty-Two Million Five Hundred -2- 495476.2 029317 RES Thousand Dollars ($42,500,000) principal amount of general obligation refunding bonds of the City which shall be designated and known as "City of Roanoke, Virginia, General Obligation Public Improvement Refunding Bonds" (referred to herein as the "Bonds"). (b) The Bonds shall be issued in their entirety at one time, or from time to time in pan in series, as shall be determined by the Director of Finance. The Bonds of each series shall be sold to an underwriter for the Bonds of such series (the "Underwriter") selected by the Director of Finance. There shall be added to the designation of the Bonds a series designation determined by the Director of Finance. The Bonds shall be issued in fully registered form in the denomination of $5,000 each or any integral multiple thereof. The Bonds of a given series shall be numbered from No. R-1 upwards in order of issuance. The Bonds shall bear interest from their date payable on such date and semiannually thereafter as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. The Bonds shall be issued in such aggregate principal amount (not exceeding in the aggregate the principal amount specified in Section 2(a) hereof); and shall mature on such dates and in such years (but in no event later than October 1, 2021), and in the principal amount in each such year, determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. Interest on the Bonds shall be calculated on the basis of a three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months. (c) The Bonds (or portions thereof in installments of $5,000) may be made subject to redemption at the option of the City prior to their stated maturities, in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment of such redemption prices (expressed as a percentage of the principal amount of the Bonds to be redeemed), together with the interest accrued thereon to the date fixed for the redemption thereof, as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. (d) (i) If any Bond (or any portion of the principal amount thereof in installments of $5,000) shall be called for redemption, notice of the redemption thereof, specifying the date, number and maturity of such Bond, the date and place or places fixed for its redemption, the premium, if any, payable upon such redemption, and if less than the entire principal amount of such Bond is to be redeemed, that such Bond must be surrendered in exchange for the principal amount thereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount thereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the registered owner thereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty-fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of any Bond shall have been given as aforesaid, and payment of the principal amount of such Bond (or the portion of the principal amount thereof to be redeemed) and of the accrued interest and premium, if any, payable upon such redemption shall have been duly made or provided for, interest thereon shall cease to accrue from and after the date so specified for the redemption thereof. -3- 495476.2 029317 RES (ii) So long as the Bonds are in book-entry only form, any notice of redemption shall be given only to The Depository Trust Company, New York, New York ("DTC"), or to its nominee. The City shall not be responsible for providing any beneficial owner of the Bonds any notice of redemption. SECTION 3. The full faith and credit of the City shall be and is irrevocably pledged to the punctual payment of the principal of and premium, if any, and interest on the Bonds as the same become due. In each year while the Bonds, or any of them, are outstanding and unpaid, this Council is authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all taxable property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the principal of and premium, if any, and interest on the Bonds to the extent other funds of the City are not lawfully available and appropriated for such purpose. SECTION 4. (a) The Bonds shall be executed, for and on behalf of the City, by the manual or facsimile signature of the Mayor of the City and shall have a facsimile of the corporate seal of the City imprinted thereon, attested by the manual or facsimile signature of the City Clerk of the City. (b) The Director of Finance is hereby authorized to appoint a Registrar and Paying Agent for the Bonds (the "Registrar"). (c) The Director of Finance shall direct the Registrar to authenticate the Bonds and no Bond shall be valid or obligatory for any purpose unless and until the certificate of authentication endorsed on each Bond shall have been manually executed by an authorized signator of the Registrar. Upon the authentication of any Bonds the Registrar shall insert in the certificate of authentication the date as of which such Bonds are authenticated as follows: (i) if a Bond is authenticated prior to the first interest payment date, the certificate shall be dated as of the date of the initial issuance and delivery of the Bonds of the series of Bonds of which such Bond is one, (ii) if a Bond is authenticated upon an interest payment date, the certificate shall be dated as of such interest payment date, (iii) if a Bond is authenticated after the fifteenth (15th) day of the calendar month next preceding an interest payment date and prior to such interest payment date, the certificate shall be dated as of such interest payment date and (iv) in all other instances the certificate shall be dated as of the interest payment date next preceding the date upon which the Bond is authenticated. In the event the dates on which interest is payable on the Bonds of any series are other than the first days of calendar months, the provisions of this Section 4(c) with regard to the authentication of such Bonds and of Section 10 with regard to the form of such Bonds shall be modified as the Director of Finance shall determine to be necessary or appropriate. (d) The execution and authentication of the Bonds in the manner above set forth is adopted as a due and sufficient authentication of the Bonds. SECTION 5. (a) The principal of and premium, if any, and interest on the Bonds shall be payable in such coin or currency of the United States of America as at the respective dates of payment thereof is legal tender for public and private debts at the office of the -4- 495476.2 029317 RES Registrar. Interest on the Bonds shall be payable by check mailed by the Registrar to the registered owners of such Bonds at their respective addresses as such addresses appear on the books of registry kept pursuant to this Section 5;. provided, however, that so long as the Bonds are in book-entry form and registered in the name of Cede & Co., as nominee of DTC, or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, interest on the Bonds shall be paid directly to Cede & Co. or such other nominee of DTC by wire transfer. (b) At all times during which any Bond of any series remains outstanding and unpaid, the Registrar for such series shall keep or cause to be kept at its office books of registry for the registration, exchange and transfer of Bonds of such series. Upon presentation at its office for such purpose the Registrar, under such reasonable regulations as it may proscribe, shall register, exchange, transfer, or cause to be registered, exchanged or transferred, on the books of registry the Bonds as hereinbefore set forth. (c) The books of registry shall at all times be open for inspection by the City or any duly authorized officer thereof. (d) Any Bond may be exchanged at the office of the Registrar for such series of Bonds for a like aggregate principal amount of such Bonds in other authorized principal sums of the same series, interest rate and maturity. (e) Any Bond of any series may, in accordance with its terms, be transferred upon the books of registry by the person in whose name it is registered, in person or by his duly authorized agent, upon surrender of such Bond to the Registrar for cancellation, accompanied by a written instrument of transfer duly executed by the registered owner in person or by his duly authorized attomey, in form satisfactory to the Registrar. (f) All transfers or exchanges pursuant to this Section 5 shall be made without expense to the registered owners of such Bonds, except as otherwise herein provided, and except that the Registrar for such series of Bonds shall require the payment by the registered owner of the Bond requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. All Bonds surrendered pursuant to this Section 5 shall be cancelled. (g) (i) The Bonds shall be issued in full book-entry form. One Bond representing each maturity of the Bonds will be issued to and registered in the name of Cede & Co., as nominee of DTC, or such other nominee of DTC as may be requested by an authorized representative of DTC, as registered owner of the Bonds, and each such Bond will be immobilized in the custody of DTC. DTC will act as securities depository for the Bonds. Individual purchases will be made in book-entry form only, in the principal amount of $5,000 or any integral multiple thereof. Purchasers will not receive physical delivery of certificates representing their interest in the Bonds purchased. (ii) Principal, premium, if any, and interest payments on the Bonds will be made by the Registrar to DTC or its nominee, Cede & Co., or such other nominee of DTC as may be requested by an authorized representative of DTC, as registered owner of the Bonds, -5- 495476.2 029317RES which will in turn remit such payments to the DTC participants for subsequent disbursal to the beneficial owners of the Bonds. Transfers of principal, premium, if any, and interest payments to DTC participants will be the responsibility of DTC. Transfers of such payments to beneficial owners of the Bonds by DTC participants will be the responsibility of such participants and other nominees of such beneficial owners. Transfers of ownership interests in the Bonds will be accomplished by book entries made by DTC and, in turn, by the DTC participants who act on behalf of the indirect participants of DTC and the beneficial owners of the Bonds. (iii) The City will not be responsible or liable for sending transaction statements or for maintaining, supervising or reviewing records maintained by DTC, its participants or persons acting through such participants or for transmitting payments to, communicating with, notifying, or otherwise dealing with any beneficial owner of the Bonds. SECTION 6. (a) CUSIP identification numbers may be printed on the Bonds, but no such number shall constitute a part of the contract evidenced by the particular Bond upon which it is printed; no liability shall attach to the City or any officer or agent thereof (including any paying agent for the Bonds) by reason of such numbers or any use made thereof (including any use thereof made by the City, any such officer or any such agent) or by reason of any inaccuracy, error or omission with respect thereto or in such use; and any inaccuracy, error or omission with respect to such numbers shall not constitute cause for failure or refusal by a purchaser of any Bonds to accept delivery of and pay for such Bonds. All expenses in connection with the assignment and printing of CUSIP numbers on the Bonds shall be paid by the City. (b) A copy of the final legal opinion with respect to the Bonds, with the name of the attorney or attorneys rendering the same, together with a certification of the City Clerk, executed by a facsimile signature of that officer, to the effect that such copy is a tree and complete copy (except for letterhead and date) of the legal opinion which was dated as of the date of delivery of and payment for the Bonds, may be printed on the Bonds. SECTION 7. The City covenants and agrees to comply with the provisions of Sections 103 and 141-150 of the Internal Revenue Code of 1986 and the applicable Treasury Regulations promulgated thereunder throughout the term of the Bonds. SECTION 8. (a) Pursuant to the authority of and for the purposes specified herein, this Council hereby authorizes the City Manager and the Director of Finance, without further action of this Council, to sell the Bonds at a negotiated sale to the Underwriter, on or before December 31, 2006, at a price not less than ninety-eight percent (98%) and not greater than one hundred nine percent (109%) of the principal amount of the Bonds, plus accrued interest, if any, from the date of the Bonds to the date of delivery thereof and payment therefor; provided, however, that the Bonds allocable to the refunding of the Refunded 1997B Bonds may be sold to the Underwriter only if the refunding of the Refunded 1997B Bonds will result in net present value savings to the City of not less than $300,000 and a net present value savings ratio of not less than two and one-half percent (2.5%), in each case based on the debt service on the Refunded 1997B Bonds, and that the Bonds allocable to the refunding of the Refunded 2002A Bonds may be sold to the Underwriter only if the refunding of the Refunded 2002A Bonds will result in net present value savings to the City of not less than $250,000 and a net present value -6- 495476.2 029317 RES savings ratio of not less than five percent (5%), in each case based on the debt service on the Refunded 2002A Bonds, and provided further in no event shall the underwriting compensation to the Underwriter exceed three-quarters of one percent (3/4 of 1%) of the principal amount of the Bonds. This Council hereby further authorizes the City Manager and the Director of Finance to execute and deliver to the Underwriter a Bond Purchase Contract relating to the sale of the Bonds by the City to the Underwriter in such form as shall be approved by the City Manager and the Director of Finance upon the advice of counsel (including the City Attorney and Bond Counsel to the City), such approval to be conclusively evidenced by their execution and delivery thereof. The Bonds shall bear interest at such rates per annum as shall be approved by the City Manager and the Director of Finance; provided, however, in no event shall the tree interest rate for the Bonds exceed five percent (5%) and provided further in no event shall the premium payable by the City upon the redemption of the Bonds exceed two pement (2%) of the principal amount thereof. (b) The City Manager and the Director of Finance are hereby authorized to cause to be prepared and deliver to the Underwriter a Preliminary Official Statement and a final Official Statement relating the Bonds on or before the dates specified in the Bond Purchase Contract. The City Manager and the Director of Finance are hereby further authorized to certify that the Preliminary Official Statement for the Bonds authorized hereunder is "deemed final" for purposes of Rule 15c2-12 promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934 ("Rule 15c2-12). The Mayor of the City is hereby authorized to execute the final Official Statement on behalf of the City. (c) The City Manager and the Director of Finance are hereby authorized to execute and deliver to the purchasers of the Bonds a Continuing Disclosure Certificate relating to the Bonds evidencing the City's undertaking to comply with the continuing disclosure requirements of Paragraph (b)(5) of Rule 15c2-12 in such form as shall be approved by the City Manager and the Director of Finance upon advice of counsel (including the City Attorney or Bond Counsel), such approval to be conclusively evidenced by their execution and delivery thereof. (d) All actions and proceedings heretofore taken by this Council, the City Manager, the Director of Finance and the other officers, employees, agents and attorneys of and for the City in connection with the issuance and sale of the Bonds are hereby ratified and confirmed. SECTION 9. (a) The City Manager and the Director of Finance are hereby authorized to enter into an Escrow Deposit Agreement in the form customarily entered into by the City in connection with advance refunding transactions providing for the redemption of the Refunded Bonds (the "Escrow Deposit Agreement") and to appoint an Escrow Agent to serve under the Escrow Deposit Agreement. The City Manager and the Director of Finance are hereby authorized to appoint a verification agent to verify the mathematical accuracy of computations relating to the Bonds and the Refunded Bonds. (b) The City Manager and the Director of Finance, or either of them, are hereby authorized to execute, on behalf of the City, subscriptions or purchase agreements for the securities to be purchased by the Escrow Agent from moneys deposited in the Escrow Deposit -7- 495476.2 029317 RES Fund created and established under the Escrow Deposit Agreement. Such securities so purchased shall be held by the Escrow Agent under and in accordance with the provisions of the Escrow Deposit Agreement. The City Manager and the Director of Finance, or either of them, are hereby authorized to sell any securities held by the Escrow Agent under and in accordance with the provisions of the Escrow Deposit Agreement and to purchase securities in lieu of and in substitution therefor. (c) Subject to the sale and receipt of the proceeds of the Bonds, the City Manager and the Director of Finance are hereby authorized to designate the Refunded Bonds for redemption on such date or dates as they shall determine and are hereby further authorized to direct the Escrow Agent to cause notices of the redemption of the Refunded Bonds on such date or dates to be given in accordance with the provisions of the proceedings authorizing the issuance of the Refunded Bonds. SECTION 10. The Bonds, the certificate of authentication of the Registrar, and the assignment endorsed on the Bonds, shall be substantially in the forms set forth in Exhibit A attached hereto. SECTION 11. The City Clerk is hereby directed to file a copy of this Resolution, certified by such City Clerk to be a tree copy hereof, with the Circuit Court of the City of Roanoke, Virginia, all in accordance with Section 15.2-2607 of the Code of Virginia, 1950. SECTION 12. All ordinances, resolutions and proceedings in conflict herewith are, to the extent of such conflict, repealed. -8- 495476.2 029317RES Fund created and established under the Escrow Deposit Agreement. Such securities so purchased shall be held by the Escrow Agent under and in accordance with the provisions of the Escrow Deposit Agreement. The City Manager and the Director of Finance, or either of them, are hereby authorized to sell any securities held by the Escrow Agent under and in accordance with the provisions of the Escrow Deposit Agreement and to purchase securities in lieu of and in substitution therefor. (c) Subject to the sale and receipt of the proceeds of the Bonds, the City Manager and the Director of Finance am hereby authorized to designate the Refunded Bonds for redemption on such date or dates as they shall determine and are hereby further authorized to direct the Escrow Agent to cause notices of the redemption of the Refunded Bonds on such date or dates to be given in accordance with the provisions of the proceedings authorizing the issuance of the Refunded Bonds. SECTION 10. The Bonds, the certificate of authentication of the Registrar, and the assignment endorsed on the Bonds, shall be substantially in the forms set forth in Exhibit A attached hereto. SECTION 11. The City Clerk is hereby directed to file a copy of this Resolution, certified by such City Clerk to be a true copy hereof, with the Circuit Court of the City of Roanoke, Virginia, all in accordance with Section 15.2-2607 of the Code of Virginia, 1950. SECTION 12. All ordinances, resolutions and proceedings in conflict herewith are, to the extent of such conflict, repealed. ATTEST: City Clerk -8- 495476.2 029317 RES UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE GENERAL OBLIGATION PUBLIC IMPROVEMENT REFUNDING BOND SERIES EXH]]3IT A No. R-__ $. MATURITY DATE: INTEREST RATE: DATE OF BOND: CUSIP NO: REGISTERED OWNER: PRINCIPAL SUM: DOLLARS KNOW ALL MEN BY THESE PRESENTS, that the City of Roanoke, in the Commonwealth of Virginia (the "City"), for value received, acknowledges itself indebted and hereby promises to pay to the Registered Owner (named above), or registered assigns, on the Maturity Date (specified above) (unless this Bond shall be subject to prior redemption and shall have been duly called for previous redemption and payment of the redemption price duly made or provided for), the Principal Sum (specified above), and to pay interest on such Principal Sum on and semiannually on each and thereafter (each such date is hereinafter referred to as an "interest payment date"), from the date hereof or from the interest payment date next preceding the date of authentication hereof to which interest shall have been paid, unless such date of authentication is an interest payment date, in which case from such interest payment date, or unless such date of authentication is within the period from the sixteenth (16th) day to the last day of the calendar month next preceding the following interest payment date, in which case from such following interest payment date, such interest to be paid until the maturity or redemption hereof at the Interest Rate (specified above) per annum, by check mailed by the Paying Agent hereinafter mentioned to the Registered Owner in whose name this Bond is registered upon the books of registry, as of the close of business on the fifteenth (15th) day (whether or not a business day) of the calendar month next preceding each interest payment date; provided, however, that so long as this Bond is in book-entry only form and registered in the name of Cede & Co., as nominee of The Depository Trust Company ("DTC"), or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, interest on this Bond shall be paid directly to Cede & Co. or such other nominee of DTC by wire transfer. Interest on this Bond shall be calculated on the basis of a three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months. The principal of and premium, if any, on this Bond are payable on presentation and surrender hereof at the office of , as the Registrar and Paying Agent, in the City of . Principal of and premium, if any, A-1 495476.2 029317 RES and interest on this Bond are payable in any coin or currency of the United States of America which, on the respective dates of payment thereof, shall be legal tender for public and private debts. This Bond is one of a series of Bonds of like date, denomination and tenor except as to number, interest rate and maturity, and is issued for the purpose of providing funds to refund in advance of their stated maturities certain general obligation public improvement bonds heretofore issued by the City to pay the costs of public improvement projects of.and for the City. This Bond is issued under and pursuant to and in full compliance with the Constitution and statutes of the Commonwealth of Virginia, including Chapter 26 of Title 15.2 of the Code of Virginia, 1950 (the same being the Public Finance Act of 1991), and a resolution and other proceedings of the Council of the City duly adopted and taken under the Public Finance Act of 1991. The Bonds of the series of which this Bond is one (or portions thereof in installments of $5,000) maturing on and after are subject to redemption at the option of the City prior to their stated maturities, on or after in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment of the following redemption prices (expressed as a percentage of the principal amount of the Bonds to be redeemed), together with the interest accrued thereon to the date fixed for the redemption thereof: Redemption Dates (Both Dates Inclusive) Redemption Prices (Percentages of Principal Amount) _, tO __, -- __, __ tO , __ __, __ and thereafter [The Bonds of the series of which this Bond is one maturing on __, __ are subject to mandatory sinking fund redemption on __, and on each __ thereafter and to payment at maturity on __, in the principal amounts in each year set forth below, in the case of redemption with the particular Bonds or Bonds or portions thereof to be redeemed to be selected by lot, upon payment of the principal amount of the Bonds to be redeemed, together with the interest accrued on the principal amount to be redeemed to the date fixed for the redemption thereof: Year ( ) Principal Amount The City, at its option, may credit against such mandatory sinking fund redemption requirement the principal amount of any Bonds maturing on __, __ A-2 495476.2 029317 RES which have been purchased and cancelled by the City or which have been redeemed and not theretofore applied as a credit against such mandatory sinking fund redemption requirement.] If this Bond is redeemable and this Bond (or any portion of the principal amount hereof in installments of $5,000) shall be called for redemption, notice of the redemption hereof, specifying the date, number and maturity of this Bond, the date and place or places fixed for its redemption, the premium, if any, payable upon such redemption, and if less than the entire principal amount of this Bond is to be redeemed, that this Bond must be surrendered in exchange for the principal amount hereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount hereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the Registered Owner hereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty-fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of this Bond (or the portion of the principal amount hereof to be redeemed) shall have been given as aforesaid, and payment of the principal amount of this Bond (or the portion of the principal amount hereof to be redeemed) and of the accrued interest and premium, if any, payable upon such redemption shall have been duly made or provided for, interest hereon shall cease to accrue from and after the date so specified for the redemption hereof. Subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, this Bond may be exchanged at the office of the Registrar for a like aggregate principal amount of Bonds of other authorized principal amounts and of the same series, interest rate and maturity. This Bond is transferable by the Registered Owner hereof, in person or by his attorney duly authorized in writing, on the books of registry kept by the Registrar for such purpose at the office of the Registrar but only in the manner, subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, and upon the surrender hereof for cancellation. Upon such transfer a new Bond or Bonds of authorized denominations and of the same aggregate principal amount, series, interest rate and maturity as the Bond surrendered, will be issued to the transferee in exchange herefor. This Bond shall not be valid or obligatory unless the certificate of authentication hereon shall have been manually signed by the Registrar. The full faith and credit of the City are irrevocably pledged to the punctual payment of the principal of and premium, if any, and interest on this Bond as the same become due. In each year while this Bond is outstanding and unpaid, the Council of the City is authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay the principal of and premium, if any, and interest on this Bond to the extent other funds of the City are not lawfully available and appropriated for such purpose. It is certified, recited and declared that all acts, conditions and things required to exist, happen or be performed precedent to and in the issuance of this Bond do exist, have happened and have been performed in due time, form and manner as required by law, and that A-3 495476.2 029317~S the amount of this Bond, together with all other indebtedness of the City does not exceed any limitation of indebtedness prescribed by the Constitution or statutes of the Commonwealth of Virginia or the Charter of the City. IN WITNESS WHEREOF, the City has caused this Bond to be executed by the manual or facsimile signature of its Mayor; a facsimile of the corporate seal of the City to be imprinted hereon attested by the manual or facsimile signature of the City Clerk of the City; and this Bond to be dated as of the day of ,200_. CITY OF ROANOKE, VIRGINIA [SEAL] Mayor Attest: City Clerk proceedings. CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds delivered pursuant to the within-mentioned ], as Registrar By: Authorized Signator Date of Authentication: A-4 495476.2 029317RES ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (Please print or type name and address, including postal zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER TAX IDENTIFYING NUMBER OF TRANSFEREE: the within Bond and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer such Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a member firm of The New York Stock Exchange, Inc. or a commercial bank or trust company. (Signature of Registered Owner) NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the face of this Bond in every particular, without alteration, enlargement or any change whatsoever. A-5 495476.2 029317 RES JESSE A. HALL Director of Finance ernail: jesse 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 email: ann_shawver ~ci.r oanok¢.va~u$ April 3, 2006 Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Authorization to Refund 1997B and 2002A Bonds Backqround: The City issued $45.675 million of Series 1997B bonds dated January 15, 1997, to refund a portion of the City's series 1988, 1992A and 1992B public improvement bonds. Maturities of the 1997B bonds, due on and after August 1, 2007, totaling $17.88 million are callable on August 1, 2006. The interest rate on the callable maturities is 5.0%. The City issued $44.245 million of Series 2002A bonds dated February 1, 2002, to fund various projects. Maturities of the Series 2002A bonds due on and after October 1, 2013, totaling $21.81 million, are callable on or after October 1, 2012. The interest rates on each of these callable bonds range from 4.25% to 5.25%. Considerations: Based on recent interest rate movements, the City could potentially realize annual savings by refunding a portion of the callable Series 1997B and/or Series 2002A bonds. Savings would be contingent upon the interest rates received on the refunding bonds, the interest rate(s) obtained on the The Honorable Mayor and Members of City Council April 3, 2006 Page 2 Treasury certificates to fund an escrow, and the final redemption price of the transaction(s). Based upon discussions with the City's financial advisor, BB&T Capital Markets, we believe an appropriate level of savings to justify refunding may be achieved depending on the market conditions on the date of pricing. Since interest rates fluctuate daily, it is imperative to the success of a refunding that the City act quickly once interest rates enable us to achieve an acceptable level of savings on one or both series of bonds. A negotiated sale, versus a competitive sale, can be accomplished in a much shorter timeframe, with lower upfront costs and with greater flexibility, and is deemed more practical in this situation. We invited two bond underwriting firms, both of which provided the City with refunding scenarios, to further analyze these refunding opportunities. One firm, Morgan Keegan, managed the City's 2004 refunding transactions. The other firm, Wachovia Securities, purchased three of the City's last five competitive issues. The Department of Finance, based on recommendations from BB&T Capital Markets, selected these two firms to comprise the underwriting syndicate. The refunding bonds will be considered additional debt in the context of the City's debt policy and from rating agencies' perspective only to the extent that a slightly higher level of principal would need to be issued than the amount of bonds being refunded. Additionally, to the extent that some of the debt service on the current general obligation bonds is being provided by the Western Virginia Water Authority (WVWA), funding for the new bonds would also come from the WVWA, resulting in debt service savings for that entity as well as for the City. Recommendation: We recommend City Council adopt the accompanying resolution authorizing the City Manager and the Director of Finance to issue up to $42.5 million in refunding bonds to be sold by an underwriting syndicate comprised of Morgan Keegan and Wachovia Securities. Refunding bonds shall be issued to refund the 1997B bonds if net present value savings of $300,000 and a minimum of 2.5% of the net present value of the refunded The Honorable Mayor and Members of City Council April 3, 2006 Page 3 bonds can be achieved. Refunding bonds shall be issued to refund the 2002A bonds if net present value savings of $250,000 and a minimum of 5% of the net present value of the 2002A refunded bonds can be achieved. Sincerely, Jesse A. Hall Director of Finance JAH/prw C: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Mary F. Parker, City Clerk Sherman M. Stovall, Director of Management and Budget Gary Ometer, BB& T Capital Markets Donald Gurney, Hawkins, Delafield and Wood 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 April 5, 2006 File #53 The Honorable Brenda S. Hamilton Clerk of Circuit Court Roanoke, Virginia Dear Ms. Hamilton: I am attaching a certified copy of Resolution No. 37356-040306 authorizing issuance of $42,500,000.00 principal amount of General Obligation Public Improvement Refunding Bonds of the City of Roanoke for Series 1997B and 2002A to fund various projects. Pursuant to provisions of Section 11 of the above referenced resolution, I am required to file a certified copy with the Circuit Court of the City of Roanoke, Virginia, in accordance with Section 15.2-2607, Code of Virginia, 1950, as amended. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 3, 2006. MFP:ew Sincerely, ~4~4,~ Mary F. Parker, CMC City Clerk Attachment The Honorable Brenda S. Hamilton Page 2 April 5, 2006 pc: Donald G. Gurney, Esquire, Hawkins, Delafield & Wood, LLP 67 Wall Street, 11th Floor, New York, New York 10005 Gary Ometer, BB&T Capital Markets, P. O. Box 1575, Richmond, Virginia 23218-1575 The Honorable Evelyn W. Powers, City Treasurer Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget 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 April 6, 2006 File #79 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Resolution No. 37357-040306 setting the allocation percentage for personal property tax relief in the City of Roanoke for the 2006 tax year The abovereferenced Resolution No. 37357-040306 was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 3, 2006. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment pc: The Honorable Sherman A. Holland, Commissioner of the Revenue The Honorable Evelyn W. Powers, Treasurer Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Office of Management and Budget L:\CLERK',DATA\CKEW1 ~AGENDA CORRESPONDENCE~agenda correspondence 06Vkpr 06V~or 3 06 correspondence.doc IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA The 3rd day of April, 2006. No. 37357-040306. A RESOLUTION setting the allocation percentage for personal property tax relief in the City of Roanoke for the 2006 tax year. WHEREAS, in accordance with the requirements set forth in Section 58.1-3524 (C) (2) and Section 58.1-3912 (E) of the Code of Virginia, as amended by Chapter 1 of the Acts of Assembly and as set forth in item 503.E (Personal Property Tax Relief Program or "PPTRA") of Chapter 951 of the 2005 Acts of Assembly, qualifying vehicles with a taxable sims within the City commencing January 1, 2006, shall receive personal property tax relief; and, WHEREAS, this Resolution is adopted pursuant to Ordinance 37221-101705 adopted by City Council on October 17, 2005. NOW THEREFORE BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That tax relief shall be allocated such as to provide 100% tax relief for qualifying personal use vehicles valued at $1,000 or less. 2. That qualifying personal use vehicles valued at $1,001-$20,000 will be eligible for 66.19% tax relief. 3. That qualifying personal use vehicles valued at $20,001 or more shall only receive 66.19% tax relief on the first $20,000 of value. 4. That all other vehicles which do not meet the definition of "qualifying" (for example, including but not limited to, business use vehicles, farm use vehicles, motor homes, etc.) will not be eligible for any form of tax relief under this program. 5. That the percentages applied to the categories of qualifying personal use vehicles are estimated fully to use all available PPTRA funds allocated to the City of Roanoke by the Commonwealth of Virginia. 6. That entitlement to personal property tax relief for qualifying vehicles for tax year 2005 and all prior tax years shall expire September 1, 2006, or when the state funding for tax relief is exhausted or depleted. Supplemental assessments for tax years 2005 and prior that are made on or after September 1, 2006, shall be deemed "non-qualifying" for purposes of state tax relief and the local share due from the taxpayer shall represent 100% of the assessed personal property tax. ATTEST: City Clerk. JESSE A. HALL Director of Finance ernail: j esse_hall ~ci xoanoke.va.u s April 3, 2006 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 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: Personal Property Tax Relief Background: The Personal Property Tax Relief Act (PPTRA or the Act) of 1998 established a state-wide program to provide relief to owners of personal use motor vehicles. The 1998 Act envisioned a five year phase-in of relief expressed as a percentage of the bill related to the first $20,000 of personal use vehicle value. Costs soared, and the percentage has been frozen at 70% since 2001. In 2004 and 2005, additional legislation was passed to amend the original Act. This legislation capped PPTRA at $950 million for all Virginia localities for Tax Years 2006 and beyond. PPTRA funds are allocated to individual localities based on each government's pro rata share of Tax Year 2004 payments from the Commonwealth. The City's share of the $950 million is $8,075,992. At the October 17, 2006 City Council meeting, ordinance 37221-101705 amended the Roanoke City Code to provide for the implementation of the 2004-2005 changes to the Personal Property Tax Relief Act (PPTRA) of 1998. These changes include: 1. The City chose the "Specific Relief"' method (percentage reduction) of computing tax relief. 2. The City will allocate the relief at a single percentage across the board to the first $20,000 of personal vehicle value. 3. The City will continue to fully exempt vehicles valued at $1,000 and below from taxation. 4. The Treasurer is authorized to "balance bill" any taxes from 2005 and prior that are still delinquent at September 1, 2006, or when the state funding for tax relief is depleted. Honorable Mayor and Members of Council April 3, 2006 Page 2 Considerations: City staff computed the effective reimbursement rate based upon both historical trends and the current tax assessment book. The PPTRA Allocation Model, developed by the Commonwealth, was used to assist with the analysis in determining the rate for the City which is 66.19%. This percentage is similar to neighboring localities that are ready to adopt, or have already adopted, their relief percentages. Roanoke County adopted 65.13%, and the Town of Vinton relief rate will be 65.98%. Franklin County is estimating 64.21%. Northern Virginia localities are reporting lower percentages of relief because they have a greater growth in the number of vehicles that are being reported. City Council is required by the Commonwealth to annually adopt a resolution setting the percentage relief for personal property tax for that year. The attached resolution establishes the percentage relief at 66.19% for the 2006 tax year. The percentage relief is calculated to distribute the $$,075,992 block grant allocation from the Commonwealth in the manner described above. Acknowledging that the calculated percentage relief is an estimate, the total personal property tax collected should be approximately the same as if the previous assessment method of personal property tax were in place. Although the majority of funds from the Commonwealth will be received in July 2006, (Fiscal Year 2006-07), we will accrue these funds in the 2005- 06 Fiscal Year for accounting purposes so that our budget will be balanced. Recommended Action: Adopt the attached resolution which establishes the percentage for personal property tax relief at 66.19% for the City of Roanoke for the 2006 tax year. Respectfully submitted, Director of Finance C: Honorable Sherman A. Holland, Commissioner of the Revenue Honorable Evelyn W. Powers, Treasurer Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Mary F. Parker, City Clerk Sherman M. Stovall, Director of Management and Budget JESSE A. HALL Director of Finance mail: jcssc_hall~ci.roanoke.va.us April 3, 2006 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.roanoke.va.us 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: February Financial Report The adopted budget for the fiscal year 2006 totaled $223.8 million representing a 5.7% increase over the previous year's adopted budget. This financial report covers eight months of activity for fiscal year 2006. The following narrative provides commentary on the significant events of this period. Revenues Revenues through February 2006 increased 5.6% compared to the prior fiscal year. Approximately 1% of this growth is due to the increase in the Prepared Food Tax. Variances from the prior year are addressed as follows: General Property Taxes increased 7.7%, led by growth in the real estate tax. The first installment of the tax was due October 5th and the second installment is due on April 5th. This tax is expected to grow 9.3% as a whole in FY 2006, and actual growth has followed this trend for the fiscal year to date as a result of growth in reassessments and new construction. Personal property taxes decreased through January; however, the majority of collections occur in the spring. Personal property tax bills are typically mailed in mid April, and the tax due date is May 31st. Other Local Taxes increased 8.6% through January. The Prepared Food and Beverage tax rate increased from 4% to 5% effective July 1st. Through February, this rate increase has provided approximately $1.2 million in additional revenue and is expected to provide total growth of $2 million this fiscal year. Exclusive of the rate increase, Prepared Food and Beverage tax increased 5.8%, a positive trend in this tax. Sales tax collections increased 4.4% compared to the prior year. The Business, Professional and Occupational License tax (BPOL) was due March 1, 2006. The revenue from this tax has increased 2% from the prior year and exceeds the revenue estimate. The BPOL tax is the City's fifth largest local tax. Also indicative of a positive trend in our economy is 11.8% growth in the Transient Room Tax, which is influenced Honorable Mayor and Members of Council April 3, 2006 Page 2 by positive performance at local hotels in terms of both room rates and occupancy levels, as well as results from ongoing tax audits. Revenue from the Use of Money and Property increased significantly over the prior year as a result of interest income on the Budget Stabilization Reserve. The reserve was established in late FY05 by transfer from the Debt Service Fund. Grants-in-Aid Commonwealth increased 1.4% due in part to higher AFDC Foster Care and Employment Services revenues. These social services revenues are directly related to an increase in reimbursable expenditures related to adoption and employment services. Revenues provided by the Commonwealth of Virginia Compensation Board also grew due to an increase in the percentage of salary expenditures eligible for reimbursement. Charges for Services revenue declined 3.2% in part due to a timing difference in the collection of delinquent EMS charges. The City recently changed collection companies and this timing difference is a result of the related transition period. A reduction in the number of prisoners held by the Jail on behalf of other localities also contributed to the decrease. Miscellaneous Revenue decreased 4.0% in part due to the transfer of proceeds from the sale of alley property to the Capital Projects Fund. These proceeds were recorded in the General Fund in the prior fiscal year. With the adoption of the Economic and Community Development Reserve policy, all significant land sales are now recorded in the Capital Projects Fund. Expenditures General Fund expenditures as a whole increased 5.4%. All departments are affected by the 3% average pay raise granted to City employees beginning July 1, 2005. Fire/EMS and Sheriff/Jail employees also received an additional 4% raise effective January 1, 2006. A change in the billing methodology of the Fleet and Department of Technology (DOT) funds also affects user departments. Effective with FY06, Fleet and DOT began billing user departments for capital outlay rather than a Nondepartmental lump sum transfer as in prior years. This causes a decline in the Nondepartmental category and an offsetting increase in numerous other categories throughout FY06. Other variances between FY05 and FY06 are addressed as follows. General Government expenditures grew 10.2% due to the aforementioned increases in the personnel costs and internal service charges. Additionally, City expenditures for Cable Television Educational Access (RVTV) are now recorded as a function of the Office of Communications. In prior years, this expenditure was accounted for under Community Development. Public Safety expenditures are greater in the current year due to the aforementioned increase in salaries. Additionally, the Jail has experienced a rise in the cost of prison health care services, and capital maintenance and equipment replacement spending in the Police Department is higher in the current year. Honorable Mayor and Members of Council April 3, 2006 Page 3 Health and Welfare costs grew only .3% compared to FY05 due to reduced Comprehensive Services Act expenditures resulting from reduced special needs payments and a decline in the number of children in higher cost residential placements. Despite a decline from the prior year, CSA costs will again exceed the adopted budget, and an additional appropriation has been made as a result. Parks, Recreation and Cultural expenditures increased 16.6% in part due to the reclassification of Event Zone, Virginia Amateur Sports, and Downtown Roanoke, Inc. expenditures from Community Development to Parks and Recreation Administration. Additionally, personnel costs for the Libraries increased due to the reclassification of several existing positions, as well as the addition of new positions. Transfer to Debt Service Fund expenditures increased 15.6% primarily as a result of debt service on the 2004B issue which began in January 2006. Nondepartmental expenditures declined 13.6% due to a decrease in the amount of undesignated fund balance transferred to the Capital Projects Fund. A decrease in the transfer to Risk Management Fund also contributed to the decline. This decrease occurred due to a lower required funding allocation for the City's reserve for uninsured claims in the current year compared to the prior year. Sincerely, Jesse A. Hall Director of Finance JAH:DLH:ca Attachments C~ Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Mary F. Parker, City Clerk Rolanda B. Russell, Assistant City Manager James Grigsby, Acting Assistant City Manager Sherman M. Stovall, Director of Management and Budget crrY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF REVENUE General Property Taxes Other Local Taxes Penmits, Fees and Licenses Fines and Forfeitures Revenue from Use of Money and Properly Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Sauces Internal Services Miscellaneous Revenue Total STATEMENT OF EXPENDITURES AND ENCUMBRANCES Expenditures General Government Judicial Administration Public Safely Public Works Health end Welfare Parks, Recreation and Cuhural Community Development Transfer ~o Debt Service Fund Transfer to Schoo~ Fund Nondepartmental Total Year to Date for the Period Current Fiscal Year Percent of July 1 - February 28 July t - Fabruaw 28 Percentage Unencumbered Revised Budget CITY OF ROANOKE, VIRGINIA CIVIC FACILITIES FUND COMPARATIVE INCOME STATEMENT FOR THE EIGHT MONTHS ENDING FEBRUARY 28, 2006 FY 2006 FY 2005 Operating Revenues Rentals Event Expenses Display Advertising Admissions Tax Electrical Fees Novelty Fees Facility Surcharge Charge Card Fees Commissions Catering/Concessions Other Total Operating Revenues $ 455,484 99,946 50,335 257,642 6,975 58,851 154,477 42,726 25,788 721,000 6,064 1,879,288 $ 459,578 145,144 108,792 333,676 13,895 63,525 180,376 67,658 46,280 618,452 15,687 2,053,063 Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses 1,363,788 1,190,151 366,279 2,920,218 (1,040,930) 1,304,661 1,311,321 309,601 2,925,583 (872,520) Operating Loss Nonoperating Revenues (Expenses) Interest on Investments Transfer from General Fund Transfer from General Fund - Victory Stadium Transfer to Debt Service Fund Interest and Fiscal Charges Arena Ventures Contractural Penalties Flood Damage Reimbursements Miscellaneous Net Nonoperating Revenues Net Loss 32,872 803,346 125,841 (47,809) (62,627) 133,585 3,112 988,320 $ (52,610) 24,858 499,483 102,277 (48,409) (63,753) 122,970 35,000 5,934 678,360 $ (194,160) 2 CITY OF ROANOKE, VIRGINIA PARKING FUND COMPARATIVE INCOME STATEMENT FOR THE EIGHT MONTHS ENDING FEBRUARY 28, 2006 Operating Revenues Century Station Parking Garage Williamson Road Parking Garage Market Square Parking Garage Church Avenue Parking Garage Tower Parking Garage Gainsboro Parking Garage Williamson Road Surface Lots Norfolk Avenue Surface Lot Gainsboro Surface Lot Church Avenue Surface Lot Buliitt Avenue Surface Lot Salem Avenue Surface Lot West Church/YMCA Surface Lots Total Operating Revenues Operating Expenses Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenues (Expenses) Interest on Investments Interest and Fiscal Charges Net Nonoperating Expenses Net Income FY 2006 $ 254,909 320,812 138,318 410,467 289,801 76,898 50,529 15,673 28,640 30,400 47,449 15,544 21,547 1,700,987 766,422 351,678 1,118,100 582,887 54,150 (200,107) (145,957) $ 436,930 FY 2005 $ 245,426 350,887 147,509 400,126 270,891 69,950 57,345 42,975 35,839 30,400 53,198 14,750 9,560 1,728,856 738,418 381,411 1,119,829 609,027 21,927 (215,022) (193,095) $ 415,932 3 CITY OF ROANOKE, VIRGINIA MARKET BUILDING FUND COMPARATIVE INCOME STATEMENT FOR THE EIGHT MONTHS ENDING FEBRUARY 28, 2006 FY 2006 Operating Revenues Retail Space Rental $ 183,441 Total Operating Revenues 183,441 Operating Expenses Operating Expense 186,800 Depreciation 5,130 Total Operating Expenses 191,930 Operating Loss (8,489) Nonoperating Revenues (Expenses) Interest on investments 2,456 Transfer from General Fund 17,500 Miscellaneous 130 Net Nonoperating Revenues (Expenses) 20,086 Net Income (Loss) $ 11,597 FY 2005 $ 149,394 149,394 211,021 5,127 216,148 (66,754) (189) (189) $ (66,943) 4 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED FEBRUARY 28, 2006 TO THE DIRECTOR OF FINANCE: GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR THE FUNDS OF SAID CITY FOR THE MONTH ENDED FEBRUARY 28, 2006. BALANCE AT BALANCE AT BALANCE AT FUND JAN 31, 2006 RECEIPTS DISBURSEMENTS FEB 28, 2006 FEB 28, 2008 GENERAL $1,150,192.87 $14,967,123.82 $19,473,593,61 {$3,356,276.92) ($18,238,071.61) WATER 420.00 0.00 0.00 420.00 420.00 WATER POLLUTION CONTROL 1,738.22 0.00 0.00 1,738.22 1,738.22 CIVIC FACILITIES 2,921,640.70 6,664,532.76 997,940.29 8,588,233.17 7,906,302.63 PARKING 3,520,835.20 2,723,200.36 155,384.17 6,088,661.39 3,268,563.95 CAPITAL PROJECTS 50,451,787.44 9,238,838.56 6,523,255.59 53,167,370.41 59,899,124.01 MARKET BLDG OPERATIONS 53,434.36 39,111.16 18,766.11 73,779.41 (94,005,17) CONFERENCE CENTER 3,855,413.42 31,946.52 2,378.00 3,884,98t.94 4,037,154.16 DEBT SERVICE (3,118,126.43) 4,493,390.19 78,260.39 1,297,003.37 16,772,406.64 DEPT OF TECHNOLOGY 4,669,451.52 3,067,798.88 126,652.94 7,6t0,597.46 3,739,379.10 FLEET MANAGEMENT 1,372,599.11 142,563.81 562,993.85 952,t69.07 378,194.60 PAYROLL (13,335,890.04) 16,684,395.97 16,775,363.31 (13,426,867,38) (12,982,780.02) RISK MANAGEMENT 10,591,656.00 1,154,533.15 1,236,558.61 10,609,630.54 11,712,654.58 PENSION 280,109.43 1,845,972.84 1,829,181.12 296,901.15 588,622.21 SCHOOL FUND 3,860,995.60 5,889,611.99 9,351,256.78 399,350.81 (3,046,571,82) SCHOOL CAPITAL PROJECTS 1,708,800.36 13,992,610.49 1,115,370.36 14,586,040.49 23,353,594.57 SCHOOL FOOD SERVICE (61,909.24) 609,975.92 277,816.68 270,250.00 (131,029.97) GRANT 2,301,592.52 419,295.51 585,779.50 2,135,108.53 1,256,726.46 TOTAL $70,224,741.04 $81,964,901.93 $59,110,551.31 $93,079,091.66 $98,422,422.54 CERTIFICATE I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDED FEBRUARY 28, 2006. THAT SAID FOREGOING: CASH CASH IN HAND CASH IN BANK INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS: COMMERCIAL HIGH PERFORMANCE MONEY MARKET LOCAL GOVERNMENT INVESTMENT POOL MONEY MANAGEMENT ACCOUNT U. S. AGENCIES VIRGINIA AIM PROGRAM (U. S. SECURITIES) VIRGINIA SNAP PROGRAM (U. S. SECURITIES) TOTAL $13,978.31 2,042,056.56 3,900,000.00 14,570,844.05 10,929,039.11 10,000,000.00 17,713,916.65 33,909,256.98 $93,079,091.66 MARCH 28, 2006 ~EV~L~YN'~A/. POWERS, TREASURER CITY OF ROANOKE PENSION PLAN STATEMENT OF CHANGES IN PLAN NET ASSETS FOR THE EIGHT MONTHS ENDED FEBRUARY 28, 2006 Additions: Employer Contributions Investment Income Net Appreciation (Depreciation) in Fair Value of Investments Interest and Dividend Income Total Investment Income (Loss) Less Investment Expense Net Investment Income (Loss) Total Additions (Deductions) FY 2006 FY 2005 $ 5,297,097 $ 4,172,626 24,000,270 20,348,953 3,638,673 2,059,557 27,638,943 22,408,510 183,271 244,086 27,455,672 22,164,424 $ 32,752,769 $ 26,337,050 Deductions Benefits Paid to Participants Administrative Expenses Total Deductions Net Increase (Decrease) Net Assets Held in Trust for Pension Benefits: Fund Balance July 1 Fund Balance February 28 $ 14,352,777 $ 13,414,033 299,824 293,381 14,652,601 13,707,414 18,100,168 12,629,636 318,675,367 306,925,352 $ 336,775,535 $ 319,554,988 6 CITY OF ROANOKE PENSION PLAN BALANCE SHEET FEBRUARY 28, 2006 Assets Cash Investments, at Fair Value Due from Other Funds Other Assets Total Assets FY 2006 FY 2005 260,495 $ 588,573 338,345,539 320,654,938 2,546 1,431 6,531 $ 338,608,580 $ 321,251,473 Liabilities and Fund Balance Liabilities: Due to Other Funds Accounts Payable Total Liabilities Fund Balance: Fund Balance, July 1 Net Gain (Loss) - Year to Date Total Fund Balance Total Liabilities and Fund Balance $ 1,832,067 $ 1,694,636 978 1,849 1,833,045 1,696,485 318,675,367 306,925,352 18,100,168 12,629,636 336,775,535 319,554,988 $ 338,608,580 $ 321,251,473 7