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HomeMy WebLinkAboutCouncil Actions 11-19-07 TRINKLE 37946-111907 ROANOKE CITY COUNCIL REGULAR SESSION NOVEMBER 19, 2007 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order--RolI Call. All Present (Council Member Wishneff arrived late.) The Invocation was delivered by Mayor C. Nelson Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Harris. Welcome. Mayor Harris. NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's Council meeting will be replayed on Channel 3 on Thursday, November 22, 2007, at 7:00 p.m., and Saturday, November 24, 2007, at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. 1 ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., OR CALL 853-2541. THE CITY CLERK'S OFFICE PROVIDES THE MAJORITY OF THE CITY COUNCIL AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT WWW.ROANOKEVA.GOV.CLlCK ON THE SERVICE ICON, CLICK 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. NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. SPECIAL ASSISTANCE IS AVAILABLE FOR DISABLED PERSONS ADDRESSING CITY COUNCIL. EFFORTS WILL BE MADE TO PROVIDE ADAPTATIONS OR ACCOMMODATIONS BASED ON INDIVIDUAL NEEDS OF QUALIFIED INDIVIDUALS WITH DISABILITIES, PROVIDED THAT REASONABLE ADVANCE NOTIFICATION HAS BEEN RECEIVED BY THE CITY CLERK'S OFFICE. ALL PERSONS WISHING TO ADDRESS COUNCIL WILL BE REQUIRED TO CALL THE CITY CLERK'S OFFICE PRIOR TO THE MONDAY COUNCIL MEETING, OR REGISTER WITH THE STAFF ASSISTANT AT THE ENTRANCE TO THE COUNCIL CHAMBER PRIOR TO COMMENCEMENT OF THE COUNCIL MEETING. ONCE THE COUNCIL MEETING HAS CONVENED, THERE WILL BE NO FURTHER REGISTRATION OF SPEAKERS, EXCEPT FOR PUBLIC HEARING MATTERS. 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 AT WWW.ROANOKEVA.GOV, TO OBTAIN AN APPLICATION. 2 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE. 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 Monday, August 20, 2007, recessed to Wednesday, August 22,2007. RECOMMENDED ACTION: Dispensed with the reading of the minutes and approved as recorded. C-2 A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss disposition of publicly-owned property, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C-3 A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss disposition of publicly-owned property, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C-4 A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss disposition of publicly-owned property, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended. WITHDRAWN. 3 C-5 A communication from the City Attorney requesting that Council convene in a Closed Meeting to consult with legal counsel on a specific legal matter requiring the provision of legal advice by such counsel, pursuant to Section 2.2-3711 (A)(7), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C-6 A communication from the City Manager requesting that Council schedule a public hearing for Monday, December 3, 2007, at 2:00 p.m., or as soon thereafter as the matter may be heard, with regard to conveyance of City-owned property located at 301 6th Street, S. W., to Interactive Design Group. RECOMMENDED ACTION: Concurred in the request. C-7 Qualification of the following individuals: Alyssa D. Peters as a member of the Roanoke Neighborhood Advocates for a term ending June 30, 2010; Drew H. Kepley as a member of the Board of Zoning Appeals for a term ending December 31, 2010; and Robert P. Wingfield as a member of the Local Board of Building Code Appeals for a term ending September 31, 2011. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA 4. PUBLIC HEARINGS: NONE. 5. PETITIONS AND COMMUNICATIONS: NONE. 4 6. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: · Western Virginia Water Authority 10 minutes Status of water supply in the region Council Member Wishneff arrived during the briefing · Street Closure - Portion of Wiley Drive 10 minutes (Held following 2:00 p.m., session, in Council's Conference Room) ITEMS RECOMMENDED FOR ACTION: 1. Amendment of the City Code and Fee Compendium to remove obsolete fees and granting authority to the City Manager to administratively review existing fees. Adopted Ordinance Nos. 37946-111907, 37947-111907, 37948-111907, and 37949-111907 and Resolution Nos. 37950-111907 and 37951-111907. (7-0) 2. Authorization to execute Amendment NO.1 to the Performance Agreement between the City, Valley View Mall, LLC, and the Economic Development Authority, dated June 15, 2006. Adopted Ordinance No. 37952-111907. (7-0) 3. Authorization to repeal Resolution No. 37921-100107, adopted October 1,2007, and adopt a special military pay resolution that extends the City's policy to certain employees called to active military duty, retroactive to October 1, 2007. Adopted Resolution No. 37953-111907. (7-0) 7. REPORTS OF COMMITTEES: a. Presentation of the proposed 2008 Legislative Program. Council Member Beverly T. Fitzpatrick, Jr., Chair, Legislative Committee. Adopted Resolution No. 37954-111907. (7-0) 5 b. Endorsement of the updated H-1 and H-2 Architectural Design Guidelines. Chris Chittum, Planning Administrator, Spokesperson. Adopted Resolution No. 37955-111907. (7-0) c. Request of the Roanoke City School Board for appropriation of funds to various school program accounts; and a report of the Director of Finance recommending that Council concur in the request. Richard C. Patterson, Director of Fiscal Services, Spokesperson. Adopted Budget Ordinance No. 37956-111907. (7-0) 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. Council Member Dowe expressed appreciation for the opportunity to represent the City at the Annual National League of Cities Conference on November 13-18, 2007, in New Orleans, Louisiana. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. None. 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. Sharon Mirtaheri, 2236 Laurel Woods Drive, Salem, Virginia Robert Gravely, 727 29th Street, N. W. 12. CITY MANAGER COMMENTS: The City Manager commented on the City hosting the Governor's Housing Conference and the groundbreaking ceremony for the Carilion Clinic. She added that Roanoke was chosen as one of five cities for a National League Cities Youth Activity grant. 6 THE COUNCIL MEETING WAS DECLARED IN RECESS FOR A BRIEFING ON WILEY DRIVE CLOSURE AND THREE CLOSED SESSIONS. CERTIFICATION OF CLOSED SESSION. (6-0, Council Member Lea left the meeting following the closed session.) THE COUNCIL MEETING WAS DECLARED IN RECESS TO BE RECONVENED AT 7:00 P.M., IN THE CITY COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. 7 ROANOKE CITY COUNCIL REGULAR SESSION NOVEMBER 19, 2007 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order--RolI Call. All Present. (Council Members Dowe and Wishneff arrived late.) The Invocation was delivered by Council Member BeverlyT. Fitzpatrick, Jr. . The Pledge of Allegiance to the Flag ofthe United States of America was led by Mayor C. Nelson Harris. Welcome. Mayor Harris. NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Tonight's Council meeting will be replayed on Channel 3 on Thursday, November 22, 2007, at 7:00 p.m., and Saturday, November 24, 2007, at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. 8 PRESENTATIONS AND ACKNOWLEDGEMENTS: Recognition of Winners from the 3rd Annual Fire Prevention Week Art Contest. Tiffany Bradbury, Education/Information Specialist recognized the winners. Proclamation declaring November 19, 2007 as Roanoke Valley Chess Club Day. Proclamation presented to Richard White, President. A. PUBLIC HEARINGS: 1. Request of Susanne D. Helbig that properties located at 501 and 521 Salem Avenue, S. W., be rezoned from 1-1, Industrial District, to D, Downtown District, subject to certain proffered conditions. Susanne D. Helbig, Spokesperson. Adopted Ordinance No. 37957-111907. (7-0) 2. Request of the City of Roanoke that a certain public right-of-way intersecting at Patton Avenue and Gainsboro Road, N. W., be permanently vacated, discontinued and closed. Darlene L. Burcham, City Manager. Adopted Ordinance No. 37958-111907. (7-0) 3. Proposal of the City of Roanoke to lease 472 square feet of space located in the City Market Building to Sharebike, LLC. Darlene L. Burcham, City Manager. Adopted Ordinance No. 37959-111907. (7-0) 4. Request of the City of Roanoke that a certain portion of Wiley Drive, S. W., be altered and closed by barricade. Darlene L. Burcham, City Manager. Adopted Ordinance No. 37960-111907. (6-1, Council Member Lea voting no.) 9 B. 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. Colonel Robert R. Craig, 701 12th Street, S. W. Robert D. Gravely, 727 29th Street, N. W. Valerie Garner, 2267 Mattaponi Drive, N. W. Duane Howard, 1 221 6th Street, S. E. 10 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 November 19, 2007 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for closed meeting Dear Mayor Harris and Council Members: This is to request that City Council convene a closed meeting to discuss the disposition of publicly-owned property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to 92.2-3711.A.3, Code of Virginia (1950), as amended. Respectfully submitted, .. Darlene L. Burcham City Manager DLB/lsc c: William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Stephanie M. Moon, 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 November 19, 2007 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for closed meeting Dear Mayor Harris and Council Members: This is to request that City Council convene a closed meeting to discuss the disposition of publicly-owned property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to 92.2-3711.A.3, Code of Virginia (1950), as amended. Respectfully submitted, Darlene L. Burcham City Manager DLB/lsc c: William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Stephanie M. Moon, 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 November 19, 2007 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for closed meeting Dear Mayor Harris and Council Members: This is to request that City Council convene a closed meeting to discuss the disposition of publicly-owned property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to 92.2-3711.A.3, Code of Virginia (1950), as amended. Respectfully submitted, Darlene L. Burcham City Manager DLB/lsc c: William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Stephanie M. Moon, City Clerk CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 WILLIAM M. HACKWORTH CITY AITORNEY TELEPHONE: 540-853-2431 FAX: 540-853-1221 EMAIL: cityatty@roanokeva.gov TIMOTHY R. SPENCER STEVEN J. TALEVI GARY E. TEGENKAMP DAVID L. COLLINS HEATHERP.FERGUSON ASSISTANT CITY AITORNEYS November 19,2007 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for closed meeting Dear Mayor Harris and Council Members: This is to request that City Council convene a closed meeting for consultation with legal counsel on a specific legal matter requiring the provision oflegal advice by such counsel, pursuant to 92.2-3711.A.7, Code of Virginia (1950), as amended. With kindest personal regards, I am Sincerely yours, w~ 'f^. ~4 William M. Hackworth City Attorney WMH/lsc cc: Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Stephanie M. Moon, 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 November 19, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr. Council Member Honorable Beverly T. Fitzpatrick, Jr. Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Request to Schedule a Public Hearing for the Sale of City- Owned Property The City administration has received an offer from Interactive Design Group to purchase a piece of City-owned property, former fire station #3 located at 301 6th Street, S.W. (tax map number 1112411). The offer is for $171,000.00. This property has been vacant since the opening of new fire station #1 on Franklin Road. A public hearing is required prior to the City Council authorizing the sale of this City-owned property. Recommended Action: Authorize the scheduling of a public hearing to consider the sale of the aforementioned property for December 3, 2007 at 2:00 p.m. Darlene L. c City Manager c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN Assistant City Clerk, CMC STEPHANIE M. MOON, CMC City Clerk CECELIA R. TYREE Assistant Deputy City Clerk November 21, 2007 Sandra B. Kelly, Chair Roanoke Neighborhood Advocates 1216 Sylvan Road, S. E. Roanoke, Virginia 24014 Dear Ms. Kelly: This is to advise you that Alyssa D, Peters has qualified as a member of the Roanoke Neighborhood Advocates, for a term ending June 30, 2010. Sincerely, ~l'Y1.~ Stephanie M. Moon, ICMC City Clerk SMM:ew pc: Robert A. Clement, Jr., Neighborhood Services Coordinator, Housing and Neighborhood Services Division Sheila N. Hartman, Deputy City Clerk Adalina Allicott, City Clerk's Office :'] ''iF'! Oath or Affi rmation of 'O-ffice Commonwealth of Virginia, City of Roanoke, to-wit: I, Alyssa D. Peters do solemnly affirm that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Neighborhood Advocates, for a term ending June 30, 2010, according to the best of my ability (So help me God). ~ ().I-db.? Subscribed and sworn to before me this ~Y of ~ 2007. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT BRENDA s. HAMILTON, CLERK BY ~ <f7 ~ c;;~ c/MiJ K:\oath and leaving service\Roanoke Neighborhood Advocates\Alyssa D Peters oath 07.doc STEPHANIE M. MOON, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK, 215 Church A venue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov November 21, 2007 Re becca J. Cockram, Secretary Board of Zoning Appeals Roanoke, Virginia Dear Ms. Cockram: SHEILA N. HARTMAN Assistant City Clerk, CMC CECELIA R. TYREE Assistant Deputy City Clerk This is to advise you that Drew H. Kepley has qualified as a member of the Board of Zoning Appeals, for a term corpmencing January 1, 2008 and ending December 31, 2010. SMM:ew Sincerely, i'YJ. ~ Stephanie M. Moon, CMC City Clerk / . pc: Sheila N. Hartman, Deputy City Clerk Adalina Allicott, City Clerk's Office Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Drew H. Kepley, do solemnly 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 Board of Zoning Appeals for a term commencing January 1, 2008, and ending December 31, 2010, according to the best of my ability (So help me God). G)J);\/, it ~ VU Subscribed and sworn to before me this ~ day of NOV(J/J1bir2007. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT K:\oath and leaving service\Board of Zoning Appeals\Drew Kepley oath letter 20 10.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456. Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN Assistant City Clerk, CMC STEPHANIE M. MOON, CMC City Clerk CECELIA R. TYREE Assistant Deputy City Clerk November 21, 2007 -J Martha P. Franklin, Secretary Local Board of Building Code Appeals Roanoke, Virginia Dear Ms. Franklin: This is to advise you that Robert P. Wingfield has qualified as a member of the Local Board of Building Code Appeals: for a term ending September 30, 2011. Sincerely, ~.u.- 'rY). ~1IkJ Stephanie M. Moon, CMC City Clerk SMM:ew ? pc: Sheila N. Hfartman, Deputy City Clerk Adalina Allicott, City. Clerk's Office '- Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Robert P. Wingfield, do solemnly affirm that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that 1 will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Local Board of Building Code Appeals, for a term ending September 30,2011, according to the best of my ability (So help me God). ?If ~r: U/~j..:dJ J ~_~~ ~a~7 Subscribed and sworn to before me this ~ day of ~ 200G. . BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT CLERK BY .-.... : , ..,:-' 1 ~ 1 .r, ~ : . ~ Dro,ught Operation Curves Carvins Cove Reservoir Compared to Average Reservoir Level o "- ~ -n-- t--,r.". ~ ~ ~ I Average Reservoir Lev~~ - ~ <..:r --. .--- ............... ~ I Normal I ~ ~ ......... r--...... ~ -- --~ -"""'" ."", ......... ~ ~ V" " "'- ~ Stage 1: Voluntary Conservation -/ ./ ,,/' ...... -- .- / 100"""" " "'- I Stage 2: Mandatory Restrictions I / ...... ......... ./ , I Stage 3: Emergency Restrictions I . 5 10 15 - - ~ 20 o >- <tl ~ '5.. 25 (/) :i: o Qi ~ 30 CD > CD ....J 35 40 45 50 May Jun Jul Aug Sep Oct Nav Dec Jan Feb Mar Apr May 90% 80% 70% 60% CD E :J o > 50% ~ <tl CD <Il :::> '0 40% C CD ~ CD c.. 30% 20% 10% 0% DJought Operation Curves CSJvins Cove Reservoir c Compared to the 2002 Dro,ught 0 1170 5 1165 10 1160 15 1155 ;s iii ::i' Q) 20 1150 ~ 0 <( >. - co - ~ 0) '5. 25 1145 ~ C/) ...J 3: .... 0 '0 0) C In 30 1140 ~ 0) > a:: Q) ...J 35 1135 40 1130 45 1125 50 May 2001 Aug 2001 Nov 2001 Feb 2002 May 2002 Aug 2002 Nov 2002 Feb 2003 1120 May 2003 Drought Operationl Curves Ca.rvins Cove Reservoir' Compare.d to the Histo,rica,1 Record (1987'-2007) o ~ 1 v '\ ~ 1 M w \1 1 \ \J ~r ~ 1 ~ 1 \J , "'\ n n n n n n n n n n n n n n n n n n n n I I I I II I II I I ~\ ~ I I II I ~\ IT Tn\ 1 [\ [\ n n [\ n f\ [\ [\ n [\ n [\ [\ n n [\ .., n n n n 'n n n n In n n If n n ~ n n 'n n n \ \ \ u u u u U 1] u U U U v U u 1] u U U U u \J u u U L u u U u u U u u \.J u U L u 5 10 15 g en ~ 20 () >. ctl ~ '6.. 25 (/) 3: o Qi ~ 30 Q) > Q) ....J 35 40 45 50 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 1170 1165 1160 1155 ::i' 1150 ~ <( - - 0> 1145 ~ ....J ~ '0 C 1140 ~ a:: 1135 1130 1125 1120 Drought Contingency Plan WATER AUTHORITY During the continued existence of climatic, hydrologic and other extraordinary conditions, the protection of the health, safety and welfare of the customers of the Western Virginia Water Authority (Authority) may require that certain uses of water, not essential to public health, safety and welfare, be reduced, restricted or curtailed. The Authority's drought contingency plan promotes a proactive approach to mitigating the potentially severe effects of climatological water shortages by considering seasonal water supply and demand patterns in the Carvins Cove reservoir. The drought contingency plan also establishes a response strategy that targets prompt and clear communication to the public to achieve water demand reductions. Declining reservoir levels in the Carvins Cove reservoir, as indicated in the drought operation curve~s~_ will "trigger" specific water use restrictions based on the severity of the drought conditions that exist in a particular month of the year. The Authority's three stages of water use restrictions are Stage 1: Voluntary Conservation, Stage 2: Mandatory Restrictions and Stage 3: Emergency Restrictions. Initial triggers prompt early response~ClGtions~suchuasvoluntary conservation. Subsequent triggers indicate an eminent water shortage, and strict water rationing may eventually be necessary. Specific water use restrictions can also be declared if the Authority is directed to do so by an Executive Order by the Governor. o 5 .- ----~- .- .- ---.-".. . . !. -- . --.-.. ..- - -~ I ....I--~ t--... I Normal ~ ~ -,"I, I~ I "'" ~ ....... I Stage 1: Voluntary Conservationl ~ ./ . ....... ............ "'" .............! ......... I I ....I~ ..... I Stage 2: Mandatory Restrictions I .......I~ I .,....... -'f I Stage 3: Emergency Restrictions I 90% 80% 10 70% ~ 15 :S "lii Q) .. U 20 >- Cll ~ '5. 25 CJ) ;: o ~ 30 Qi > Q) ....J 35 Q) 60% E ~ ~ Q) 50% :a Cll Q) CIl :::l 40% '0 C Q) t) Q; 30% a.. 40 20% 45 10% 50 0% ~ ~ ~ ~ - ~ ~ ~ ~ ~ ~ ~ ~ Drought Operation Curves Carvins Cove Reservoir Stage 1: Voluntary Conservation Action Steps '--- · The Authority will maximize alternative water sources. · Bill inserts and media messages will provide customers with leak detection and repair information as well as water conservation tips. · Customers will be asked to reduce outdoor water use by only using water before 10 a.m. and after 7 p.m. and by: o . Reducing turf watering; O,e, Using a broom, not the hose, to clean driveways and sidewalks; 0:, Reducing vehicle washing; o Using bucket watering instead of hose watering when possible; and " 0.' ,Turning off.ornamental fountains. · Customers. will be asked to reduce indoor water use by: . 'C. ..' 0,.: Identifying and repairing leaks;': ,,'~' ';;.:O':.~ Turning off the water while shaving, brushing teeth, etc; . 0 ,Reducing shower time to five minutes or taking baths with less water; o Only using the clothes washer and dishwasher machines when there are ;' <.'" fulHoadsi' _,.:c" ',,',. .O.e' Storing waterin..th'ec refrigerator instead of running it to get it cold; and Oc, Installing water-saver devices' in the home, such as low-flow toilets and shower heads.' n'.' ....~... ,:~. Stage2:..~-MandatoryRestrictionsAction$teps ". , In addition to the steps in place under Voluntary Conservation, the following mandatory restrictions will be in place>' " · '~Customers will only be permitted to water shrubbery, trees, lawns, grass, plants or other outdoor vegetation one time per week and only before 10 a.m. and after 7 p.m~; '. . .-- · Golf courses will only be allowed to be watered before 10 a.m. and after 7 p.m.; · Washing vehicles except from a bucket or other container not exceeding three- gallons in capacity or with recycled water will be prohibited; · Washing driveways, sidewalks, exteriors of homes or other outdoor surfaces will be prohibited; however, any person regularly engaged in the business of washing such areas shall. be~ permitted to use water for such purposes as long as the amount ()f water being used is minimized; ._..".._.!...._,The-operation of anycornamental fountain or similar structure using water will be prohibited; . . · The water level in swimming pools may be supplemented only to the extent necessary to preserve structural integrity or to provide for the safe operation of the pool's chemical feed equipment; ." Restaurants and similar establishments will be prohibited from serving water unless specifically requested by the customer; · Residential sewer exemption credits will be suspended; · Flow-testing of fire hydrants will not be permitted; and · The Authority will assist non-residential customers in developing water conservation plans. · Customers who do not abide by these mandatory restrictions will be subject to an educational warning letter for the first offense and charged the Authority's published Administrative Compliance Fee for subsequent offenses. ..J Stage 3: Emergency Restrictions Action Steps In addition to the steps in place under Voluntary Conservation and Mandatory Restrictions, the following emergency restrictions will be in place: ... All public water uses not required for health or safety will be prohibited; · Fire hydrant usewill only be permitted for fire protection; · Watering outdoor vegetation will be prohibited, except from a watering can or other container not exceeding three-gallons in capacity or with recycled water. Any person . regularly engaged in the sale of plants will be permitted to irrigate only in amounts necessary to prevent the loss of nursery stock; .:. Golf courses will not be permitted to water fairways, and greens can only be watered before 10 a.m. and after 12 midnight; .., The filling or refilling of swimming pools or wading pools will be prohibited; and ." Residential customers who exceed the greater of 5,000 gallons per month of consumption or use more than their base usage for the same period in the . previous yeaLwillbe charged two-times the prevailing second-tier consumption .' rates'- fo,.: their first " month's violation and for each subsequent violation. Residential customers who continue to exceed the greater of 5,000 gallons per month of consumption or use more.than their base usage for the same period in . the preVious year Will"be sUbject to water service termination and reconnection fees. '-. " ~-:~ ,. ':..~; ,,:_, "::.,, The: Authority reserves the right to modify this plan as conditions change. , ,~, ~ ". < -, -"'.;' < ;' ~.,.: - .. .. .,...-'--~=-=-~ .......". --~- - - ~ ---___ '-"'n- ..,...,__~-..__ ,~.,...:-_.~ : ".,,-___ . -- -" . -,- ----- CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk CECELlA R. lYREE Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk November 20, 2007 Darlene L. Burcham' <City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No.3 7951-111907 amending Resolution Nos. 30124-62590,30526-52091,36686-051304, 37380-051106, 37043-051005, and 37763-051407, to authorize the City Manager to set certain fees, in lieu of such fees being set by City Council. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 19, 2007. Sincerely, /rt;fJ.~ 111. n",yJ Stephanie M. Moon, CMc! . City Clerk SMM:ew Attachment pc: Jesse A. Hall, Director of Finance . . Sherman M. Stovall, Director, Management and Budget ~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of November, 2007. No. 37951-111907. A RESOLUTION amending Resolution Nos. 30124-62590, 30526-52091, 36686-051304, 37380-051106,37043-051005, and 37763-051407, to authorize the City Manager to set certain fees, in lieu of such fees being set by City Council. BE IT RESOLVED by the Council of the City of Roanoke that: 1. Paragraph 5 of Resolution No. 30124-62590, as it relates to the establishment of fees, rates, and charges for floodplain determinations, wide load permits, athletic programs, and recreation . center programs, is hereby amended to provide that such fees, rates, and charges shall remain in effect until amended by the City Manager, and shall be published in the City's fee compendium. 2. A paragraph 4 be added to Resolutions 30526-52091 (library fines), 36686-051304 (emergency medical standby services), 37380-051106 (library best seller book fee), and 37763-051407 (Roanoke Police Academy fee) to read and provide as follows: "The fees and fines set forth in this Resolution shall remain in effect until amended by the City Manager and shall be published in the City's fee compendium. " 3. Paragraph 5 of Resolution No. 37043-051005, as it relates to the parks and recreation facility and service fees set out in paragraph 1 of such resolution, including the Elmwood Park Amphitheater fee, mobile stage fee, outdoor pool fee, and fitness center fees . is hereby amended to provide that such fees shall remain in effect until amended by the City Manager, and shall be published in the City's fee compendium. ATTEST: "rn.~ City Clerk. K:\Measures\Amendmening certain fee related resolutions 10 07.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R. 1YREE Assistant Deputy City Clerk November 20, 2007 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No.3 7950-111907 repealing certain obsolete fees set out in the City's Fee Compendium. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 19, 2007. Sincerely, . "111. fYJotNJ Step anie M. Moon, c~d City Clerk SMM:ew Attachment pc: The Honorable Brenda S. Hamilton,Clerk of the Circuit Court Ronald S. Albright, Clerk, General District Court . David C. Wells, Clerk, Juvenile and Domestic Relations District Court Kozuo Webb, Office of the Magistrate Lora A. Wilson, Law Librarian Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Management and Budget ~~ ., IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of November, 2007. No. 37950-111907. A RESOLUTION repealing certain obsolete fees set out in the City's Fee Compendium. BE IT RESOLVED by the Council of the City of Roanoke that the following fees setout in the City's Fee Compendium are hereby REPEALED: City Code supplement fee Microfiche copy of land book fee National Guard Armory rental rates Per diem rates for children detained in the fonner Youth Haven ATTEST: ~ :hi. '1trJ City Clerk. K:\Measures\Repealing certain fees 11 07.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Chur~h Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R. lYREE Assistant Deputy City Clerk November 20, 2007 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No.3 7949-111907 amending and reordaining Section 34-115, Term: renewal, of Chapter 34, Vehicles for Hire, Division 3, Driver's License, Article III, Public Vehicles (Taxicabs and For-Hire Automobiles), Code of the City of Roanoke (1979), as amended; and dispensing with the second reading by title of this ordinance. The abovereferenced measure was adopte,d by the Council of the City of Roanoke at a regular meeting held on Monday, November 19, 2007, and is in full force and effect upon its passage. Sincerely, .~/n~DlyJ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment Darlene L. Burcham November 20, 2007 Pag e 2 pc: Sheila N. Hartman, Deputy City Clerk, (For transmittal by electronic mail to Municipal Code Corporation) Municipal Code Corporation, P.o'. Box 2235, Tallahassee, Florida 32316 The Honorable Brenda S. Hamilton, Clerk of the Circuit Court Ronald S. Albright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Kozuo Webb, Office of the Magistrate Lara A. Wilson, Law Librarian Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Management and Budget ~\"( IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 2007. No. 37949-111907. AN ORDlNANCE amending and reordaining Section 34':'115, Term; renewal, of Chapter 34, Vehicles for Hire, Division 3, Driver's License, Article ill, Public Vehicles (Taxicabs and For-Hire Automobiles), of the Code of the City of Roanoke (1979), as amended; and dispensing with the second reading by title ofthis ordinance. BE IT ORDAINED by the Council ofthe City of Roanoke that: 1. Section 34-115, Term; renewal, of Chapter 34, Vehicles for Hire, Division 3, Driver's License, Article ill, Public Vehicles '(Taxicabs and For-Hire Automobiles), ofthe Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: ~34-115. Term; renewal. A public vehicle driver's license shall be issued as of the fIrst day of January of each year and shall be effective to and including the thirty-fIrst day of December of each year, unless sooner suspended, revoked or cancelled. Such license may be renewed from year to year by the city manager by appropriate endorsements thereon. The fee for each renewal shall be payable to the city treasurer and shall be in such amount as is prcsribed by the city councilset by / the city manager, and published in the city's fee compendium. 2. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. Ih. ~~ K:\Measures\Code Amendment public drivers license 10 2007.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R. 1YREE Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk November 20, 2007 DarleneL. Burcham City Manager ~oanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No.3 7948-11 >1907 amending and reordaining Section 30-9.1, Outdoor dining, Chapter 30, Streets and Sidewalks, Article I, ill General, of the Code of the City of Roanoke (1979), as amended; and dispensing with the second reading by title of thisordinance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 19, 2007, and is in full force and effect upon its passage. Sincerely, , m.~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment Darlene L. Burcham November 20, 2007 pag e 2 pc: Sheila N. Hartman, Deputy City Clerk, (For transmittal by electronic mail to Munkipal Code Corporation) Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32316 The Honorable Brenda S. Hamilton, Clerk of the Circuit Court Ronald S. Albright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Kozuo Webb, Office of the Magistrate Lora A. Wilson, Law Librarian Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Management and Budget " ~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 2007. No. 37948-111907. AN ORDINANCE amending andreordaining Section 30-9.1. Outdoor dining, of Chapter 30, Streets and Sidewalks, Article I, In General, ofthe Code ofthe City of Roanoke (1979), as amended; and dispensing with the second reading by title ofthis ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 30-9.1. Outdoor dining, of Chapter 30, Streets and\Sidewalks, Article I, In General, of the Code of the City of Roanoke (1979), as amended, is hereby amended andreordained to read and provide as follows: ~30-9.1. Outdoor dining. The city manager shall be authorized to issue permits to authorize placement of easily . movable items, such as tables, chairs, planters, trash receptacles, barriers and chains, and other related items, upon designated portions ofthe public sidewalks, right-of- way that has been closed to vehicular traffic by city council during the applicable hours, and public property in any area of the city for the purpose of permitting the area to be used by the permittee for outdoor dining. Such permits may be issued on the following terms and conditions: (1) Such permits may be issued only to such persons or entities which own of lease property in the city and which are licensed by the state department of health to serve food on or from such owned or leased property. Such owned or leased property shall be referred to in this section as the permittee's premIses. (2) Such permits shall be revocable with or without cause in the discretion of the city manager. Upon revocation of a permit and notice to the permittee, the city manager shall be authorized to remove any items previously permitted to be placed in the public right-of-way or on public property and dispose of the same. (3) The issuance of such permits shall be conditioned upon the permittee's agreement to indemnify and hold harmless the city, its officers, employees and agents, from all claims, demands, damages, actions, causes of action, or K:\Measures\Code Amendment Outdoor dining 10 2007.doc any fine or penalty, or suits of any kind whatsoever, either at law or in equity, including any claim for court costs or attorney fees, for theft, damage to property, injury to person, or death, arising out of the construction, maintenance, use, operation or removal, of any items permitted in the public right-of-way or on public property, or out of the conducting of outdoor dining activities in the public right-of-way or on public property. (4) The issuance of such permits shall be conditioned upon the permittee's maintaining general public liability insurance, naming the city, its officers, employees and agents, as additional named insureds with respect to the construction, maintenance, use, operation, or removal of any items, such as tables, chairs, planters, trash receptacles, barriers and chains,' and other related items, or the conducting of outdoor dining activities, in the public right-of-way or on public property, in the amount of not less than one million dollars ($1,000,000.00), and filing with the city's risk manager a current certificate of insurance, demonstrating continued compliance with this subsection. Such insurance shall not be cancelled without thirty (30) days written notice to the city. (5) The issuance of such permits shall be conditioned upon the permittee's complying with all applicable rules, regulations, ordinances, laws or statutes, including those regulations promulgated or enforced by the state alcoholic beverage control board and the state board of health. (6) The permit issued pursuant to this section shall not be transferable. (7) Application for all of such permits for the purpose of permitting an area to be used by a permittee for outdoor dining shall be made on forms provided by the city. (8) The city manager may promulgate additional terms or conditions applicable to any or all of such penilits issued for the purpose of permitting an area to be used by the permittee for outdoor dining which are not inconsistent with the provisions in this section~ Violation of any of such terms or conditions may result in revocation of a permit. (9) The application fee and any annual permit fee for any permit issued for the purpose of permitting an area to be used by a permittee for outdoor dining pursuant to this section shall be in such amounts as are prescribed, from time to time, by the city councilmanager and published in the city's fee compendium. Such fees shall be in addition to any other applicable fees required by this Code, or other applicable law, ordinance, rule or regulation. (10) Upon the issuance of any permit under this section, the city manager shall specifically designate the portion or portions of the public sidewalks, right-of- K:\Measures\Code Amendment Outdoor dining 10 2007.doc way that has been closed to vehicular traffic by city COhncil during the applicable hours, or public property upon which easily removable items, such, as tables, chairs, planters, trash receptacles, barrier~ and chains, or other related items, may be placed. Such a designated area or areas shall be in close ! . proximity to the permittee's premises. If the designated area or areas do not adjoin the permittee's premises, the permittee must obtain the written consent of the owner or lessee of any private property which the designated area or areas adjoin. (11 ) Nothing contained in this section shall be construed to relieve any permittee from liability for any negligence or recklessness with respect to the placement or maintenance of easily removable items, such as tables, chairs, planters, trash receptacles, barriers and chains, and related items, or any other exercise of the privileges authorized by such permit. . (12) The decision of whether to grant an outdoor dining permit shall be exclusively that ofthe city manager. In deciding whether to issue an'outdoor dining permit, the city manager shall consider whether the permittee, by conducting outdoor dining, will promote the general welfare and economy of the city, whether the permittee has complied with all of the requirements of this section and any regulations promulgated by the city manager, and whether the activity will unreasonably interfere with the flow of pedestrians or motor vehicles or otherwise present a hazard or threat to the general public health, safety and welfare. 2. Pursuant to Section 12 of the City Charter, the second reading ofthis ordinance by title is hereby dispensed with. ATTEST: .~tn.~ City Clerk. K:\Measures\Code Amendment Outdoor dining 10 2007.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov STEPHANIE M. MOON, CMC City Clerk November 20, 2007 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: . SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R. lYREE Assistant Deputy City Clerk I am attaching copy of Ordinance No. 37947-111907 amending and reordaining ,Section 24-3, 24-4, 24~26, 24-48, 24-90, and 24-97 a.nd repealing Sections 24-8 and 24-9, Chapter 24, Public Buildinqs and Property Generally, Code of the City of Roanoke (1979), as amended; and dispensing with the second reading by title of this ordinance. . , The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 19, 2007, and is in full force and effect upon its passage. Sincerely, ~}yj.~ .Stephanie M. Moon, CMC City Clerk SMM:ew Attachment Darlene L. Burcham November 20, 2007 Page 2 pc: Sheila N. Hartman, Deputy City Clerk, (For transmittal by electronic mail to Municipal Code Corporation) Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32316 The Honorable Brenda S. Hamilton, Clerk of the Circuit Court Ronald S. Albright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Kozuo Webb, Office of the Magistrate Lora A. Wilson, Law Librarian Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget James L. Grigsby, Assistant City Manager for Operations Kenneth S. Cronin, Director, General Services ""~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 2007. No. 37947-111907. AN ORDINANCE amending and reordaining Sections 24-3, 24-4, 24-26, 24-48, 24-90, and 24-97 and repealing Sections 24-8 and 24-9, of Chapter 24, Public Buildings and Property Generallv~ of the Code of the City of Roanoke (1979), as amended; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: , 1. Sections 24-3, 24-4, 24-26, 24-48, 24-90, and 24-97 of Chapter 24, Public Buildings and Property Generally, of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained to read and provide as follows: . . 924-3. Rules and regulations governing use of public buildings and facilities. The city manager is hereby authorized to promulgate rules and regulations, not inconsistent with the provisions of this chapter and other ordinances of the city, governing the use of public buildings and facilities of the city.; provided, ho'yve'yTcr, that the rents or charges for such use shall be as prescribed, from time to time, by the city council,. as proyided in section 24 4. 924-4. Rates and charges for use of public buildings and facilities. The rates and charges to be paid and collected for the use of the public markets and market areas of the city, the National Guard Annory and othcrarmories owned by the city, Victory Stadium, :Mahbr Field and any other public facility or building not otherwise specifically provided for shall be . "such as are prescribed, from time to time, by the city cOlHlcilmanager and published in the City's fee compendium. *** 924-26. Rates for use and terms. (a) -The city cOlIDcilcity manager shall establish from time to time a current schedule of fees, rentals, rates, charges, and terms to be required for use of the civic center and, subject to such limits and guidelines as the K:\Measures\Code Amendment Chapter 24 Public Buildings.doc 1 councilcity manager may impose, authorize the director of civic facilities to vary the fees, rentals, rates, charges, and terms in certain instances for events at the civic center, including, without limitation, concerts, plays,' sporting events, circuses or ice shows. * * * S24-48. Function. (a) The commission shall serve in an advisory capacity for the Civic Center and, to that end, is hereby delegated and shall operate in the following manner: *** (2) Recommend to city councilthe city manager appropriate rates for fees, rentals, rates, and terms for. the use of the civic center, and for necessary changes thereto. * * * S24-90. Charges for private use of recreation buildings or facilities. (a) Persons using recreation buildings, centers or facilities of the city at any time for private parties, weddings, showers or other private uses, other than at such times when such places are normally scheduled to be open, shall reimburse the city for the full costs of overtime and fringe benefits of all employees of the city necessitated by such use, plus costs of necessary custodial services, such reimbursement to be made in accordance with the current schedule of pay and custodial' service rates established by the city manager 'as of July 1 of each year. Such persons shall also pay such additional specific charge, as is prescribed by the city c01:Hlcilmanager. (b) If the use of any building, center or facility pursuant to subsection ,(a) above is Under the auspices of a purely charitable, educational or recreational organization, and no charge is made for admission, and no collection is taken among persons in attendance, the city manager may exempt such organization from payment of such charges. (c) 'With the aaT/ice and prior vlritten approval af the city manager, the director of eivic facilities, or the director's designee, may negotiate and execute contraets and amendments thereto, for the 1:1se of"'/ictory Stadium, so long as the fees for an event eq1:1al or exceed the city's projected direct costs fDr the eYlent. * * * S24-97. Possession or consumption of alcoholic beverages. K:\Measures\Code Amendment Chapter 24 Public Buildings.doc 2 (a) If any person, in or upon the grounds of any city park, shall take a drink of any alcoholic beverage or have in his possession any alcoholic beverage or any beverage in any container labeled as an alcoholic beverage, he shall be guilty of a Class 4 misdemeanor. As used in this section, the term "alcoholic beverage" shall.have the meaning set forth in section 4.1-100, Code of Virginia (1950), as amended. (b) Subsection (a) of t~is section notwithstanding, the city manager is hereby authorized to allow alcoholic beverages to be consumed on the premises of Elmwood Park, Century Square at Church Avenue, S.E., across from Fire Station No. 1 ("Century Square"), Mill Mountain Park (including the' Discovery Center), Mountain View and Fifst UnionWachovia Plaza at Market Street, S.B., adjacent to the Market Square Walkway ("First UnionWachovia Plaza"), hereinafter collectively. , referred to as the "designated park facilities," under the following conditions: (1 ) Any applicant seeking to serve or permit the consumption of alcoholic beverages in the designated park facilities shall apply to the city manager for an alcohol permit, allowing the possession, consumption, distribution or sale of alcoholic beverages within the designated park facilities. If the alcohol permit is issued by the city manager, the applicant shall also obtain all appropriate permits and licenses from the state department of alcoholic beverage control ("ABC Board"). The issuance of the city's alcohol permit shall be conditioned upon the issuance of a permit or license by the ABC Board on the same terms and 9onditions as the city's alcohol permit. A copy of the ABC permit shall be filed with the city manager at least three (3) business days before the first day of the event which is the subject of the city's alcohol permit; (2) Only section 501(c) nonprofit organizations under Title 26 of the United States Code may apply for the 'city's alcohol permit for Elmwood Park, Century Square, Mill Mountain Park (not including the Discovery Center) and First UnionWachovia Plaza. Any person or entity may apply for the city's alcohol permit for Mountain View and the Discovery Center; (3) The applicant shall comply in all respects with all applicable rules, regulations, terms and conditions of the ABC Board, or any permit or license issued by the ABC Board; (4) The city manager shall designate, in writing, the time and place where alcoholic beverages may be possessed, consumed, distributed or sold within the designated park facilities; (5) No city alcohol permit shall be issued which shall allow the possession or consumption oLalcoholic beverages after 12:00 a.m. K:\Measures\Code Amendment Chapter 24 Public Buildings,doc 3 (midnight), or the distribution or sale of alcoholic beverages forty- five (45) minutes prior to the required cessation of the event for which the permit is issued; (6) Any applicant which is a section 501(c) nonprofit organization under Title 26 of the United States Code which applies for a city alcohol permit shall produce, at the time of application, written evidence, satisfactory to the city manager, of its status as a section 501(c) nonprofit organization under Title 26 of the United States Code; (7) No glass containers shall be used to consume alcoholic beverages within the boundaries of the designated park facilities; (8) Each applicant shall obtain insurance of a type and for an amount acceptable to the office of risk management for the city. The issuance of the city's alcohol permit shall be conditioned upon the applicant providing a copy of a certificate of insurance, evidencing appropriate and acceptable insurance, at the time of application; (9) Each application shall be accompanied by a refundable deposit as set forth in the fee compendium as amended from time to time by city councilestablished by the city manager, and published in the city's fee compendium. The refundable deposit shall be for .any clean-up necessitated by the applicant's use of the designated park facilities. The determination of whether any clean-up is necessitated by the applicant's use of either of -the designated park facilities, and the cost of that clean-up, shall be within the city manager's sole and absolute discretion. The amount of any refund shall be determined within five (5) business days after the last day of an event which is the subject of a city alcohol permit, and any refund, or notice of no refund, shall be made as soon as reasonably possible after the five (5) business day period. In the event that the cost of the clean-up exceeds the amount of the refundable deposit, the applicant shall be responsible for the difference; (10) The fee for an alcohol permit to allow alcoholic beverages to be consumed on the premises of the designated park facilities, pursuant to this section, shall be as set forth in the f-ce compendium as amended from time to time by the city councilestablished by the city manager, and published in the city's fee compendium; and (11) The city manager is authorized to make such other rules and regulations not inconsistent with the Code for the City of Roanoke (1979), as amended, or the Code of Virginia (1950), as amended, as may be necessary to govern the use of the premises where alcoholic beverages may be possessed, consumed; distributed or sold. K:\Measures\Code Amendment Chapter 24 Public Buildings.doc 4 I \ 2. Sections 24-8 Performance bond and liability insurance required for lease of Victory Stadium and Maher Field, and Section 24-9 Performances. shows and other activities prohibited at Victory Stadium between certain hour~', of Chapter 24, .Public Buildings and Property Generally, of the Code of the City of Roanoke (1979), as amended, are hereby REPEALED. 3. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: In. ~ City Clerk. K:\Measures\Code Amendment Chapter 24 Public Buildings.doc 5 \. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1~rk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R. lYREE Assistant Deputy City Clerk November 20, 2007 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 37946-111907 amending and reordaining Section 20-81, Same-Fees. Chapter 20, Motor Vehicles and Traffic, Division 2, Residential Parkinq Permits, Article IV, Stopping. Standinq and Parkinq, Code of the City of Roanoke (1979), as amended; and dispensing with the second reading by title of this ordinance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 19, 2007, and is in full force and effect upon its passage. Sincerely, ~~ 1'Y),~w Stephanie M. Moon, CMC City Clerk SMM:ew Attachment Darlene L. Burcham November 20, 2007 Page 2 pc: Sheila N. Hartman, Deputy City Clerk, (For transmittal by electronic mail to Municipal Code Corporation) Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32316 The Honorable Brenda S. Hamilton, Clerk of the Circuit Court Ronald S. Albright, Clerk, General District Court j David C. Wells, Clerk, Juvenile and Domestic Relations District Court Kozuo Webb, Office of the Magistrate Lora A. Wilson, Law Librarian Jesse A. Hall, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Director, Management and Budget A. L Gaskins, Chief of Police \, ~1'~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 2007. No. 37946-111907. AN ORDINANCE amending and reordaining Section 20-81, Same - Fees, of Chapter 20, Motor Vehic1es and Traffic, Division 2, Residential Parking Permits, Article IV, Stopping, Standing and Parking, ofthe Code ofthe City of Roanoke (1979), as amended; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 20-81 Same - Fees, of Chapter 20, Motor Vehic1es and Traffic, Division 2, Residential Parking Permits, Article IV, Stopping, Standing and Parking. ofthe Code ofthe City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: S20-81. Same -Fees. Fees required under this division shall be as follows: (1) . Residential Parking Permit. Fees for annual permits shall be as speeified in the city"s fee compendium. set by the city manager, and published in the city 's fee compendium (2) Replacement Permit or Pass. Fees for lost, damaged or stolen permits or passes shall be as specified in the city"s fee compendium.set by the city mqnager, and published in the city's fee compendium. 2. Pursuant to Section 12 ofthe City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: - fn.~ City Clerk. K:\Measures\Code Amendment residential parking permit 10 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 November 19, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Fee Compendium Amendments Background: The City of Roanoke Fee Compendium was adopted by City Council on July 14, 1980, with the intent of assembling all fees assessed by the City of Roanoke in one document which could be reviewed annually, and amended as necessary. The Fee Compendium has been amended, as necessary, since its inception, most often in conjunction with the adoption of the City's annual budget. At the request of the City Manager, the City Attorney has reviewed the Fee Compendium, and determined that some of the fees set out in the Fee Compendium can legally be set by administrative action of the City Manager, rather than by Council (it is a policy decision for Council as to whether it delegates this responsibility). These fees include the following: Alcohol permit fee Athletic program fees Best seller book rental Civic Center rental rates, fees and charges Damaged or lost library materials charge Elmwood Park Amphitheatre fee Emergency medical standby services fee Facility rentals Fitness center fees Flood plain determinations Honorable Mayor and Members of City Council November 19, 2007 Page 2 Mobile stage rentals Other Parks and Recreation program fees Outdoor dining permit fee Outdoor pool entrance fees - youth ) Overdue library fines Public vehicles driver's license Recreation center program fees Residential parking permit fees Roanoke Police Academy fee Wide load escort fee In addition, it was determined that the following fees are obsolete, and may be repealed: Charge for City Code and supplements Microfiche copy of land book National Guard Armory rental rates Victory Stadium rental rates Victory Stadium parking lot fees Youth Haven per diem rates . Recommendation: Adopt the attached ordinances and resolutions amending the City Code and the Fee Compendium by repealing the obsolete fees identified above and granting authority to the City Manager to revise administratively the fees identified above (with notification to City Council). Respectfully submitted, Darlene L. Burcham City Manager DLB: acm c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sherman M. Stovall, Director of Management and Budget CM07-00174 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone>(540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R TYREE Assistant Deputy City Clerk November 20, 2007 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 37952-111907 authorizing the proper City officials to execute an amendment to a Performance Agreement dated June 15, 2006, among the City of Roanoke, Economic Development Authority, and Valley View Mall, LLC, which amendment will provide for a certain time extension concerning certain obligations of Valley View Mall, LLC, under such Performance Agreement; and dispensing with the second reading by title of this ordinance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 19, 2007, and is in full force and effect upon its passage. Sincerely, ..M.~ Step anie M. Moon, CMC City Clerk SMM:ew Attachment -.--/ Darlene L. Burcham November 20, 2007 Pag e 2 pc: Harwell M. Darby, Jr., Secretary, Economic Development Authority, c/o Glenn, Feldmann, Darby and Goodlatte, 210 First Street, S. W., Roanoke, Virginia 24011 Jesse A. Hall, Director of Finance _ Sherman M. Stovall, Director, Management and Budget R. Brian Townsend, Assistant City Manager for Community Development Brian K. Brown, Economic Development Administrator Linda S. Bass, Economic Development Specialist p:r: IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA The 19th 'day of November, 2007. No. 37952-111907. AN ORDINANCE authorizing the proper City officials to execute an amendment to a " Performance Agreement dated June 15,2006, among the City of Roanoke, (City), the Economic Development Authority of the City of Roanoke, Virginia, (EDA), and Valley View Mall, LLC, (VVM), which amendment will provide for a certain time extension concerning certain obligations of VVM under such Performance Agreement; and dispensing with the second reading by title of this Ordinance. WHEREAS, the City, the EDA, formerly the IDA, which has changed its name to the Economic Development Authority of the City of Roanoke, Virginia, and VVM entered into a Performance Agreement dated June 15, 2006, (Performance Agreement) concerning VVM's proposed development of certain property mentioned therein, and which was subject to certain terms and conditions contained in such Performance Agreement; and WHEREAS, in order for VVM to be able to attract and bring high quality retailers to the City and Valley View Mall, VVM has requested a certain time extension for completion of certain ofVVM's obligations under such Performance Agreement. In view ofVVM's good faith efforts to comply with the Performance Agreement and in order to allow VVM to be able to bring high quality retailers to the City, City staff recommends that City Council agree to VVM's request. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves VVM's requested time extension for completion of certain of VVM's obligations under the Performance Agreement, namely the items relating to K:\Susan's Documents\Tegenkamp\Measures\2007\First Amendment to PA-VVM.doc Subsections 2(A) and 2 (B), as set forth in the City Manager's letter to Council dated November 19,2007, and the draft amendment attached thereto. 2. The City Manager is hereby authorized on behalf of the City to execute an amendment to the Performance Agreement providing for a time extension for VVM to complete certain of VVM's obligations under the Performance Agreement upon certain terms and conditions as set forth in the above mentioned City Manager's letter. Such amendment will be substantially similar to the one attached to such letter and in a form approved by the City Attorney. 3. The City Manager is further authorized to take such actions and execute such documents as may be necessary to provide for, the implementation, administration, and enforcement of such amendment to the Performance Agreement and of the Performance Agreement itself 4. ' Pursuant to the provisions of Section 12 of the City Code, the second reading by title of this Ordinance is hereby dispensed with. ATTEST: ~M.~ City Clerk r K:\Susan's Documents\Tegenkamp\Measures\2007\First Amendment to PA-VVM.doc 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 November 19, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice-Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Amendment No.1 to Performance Agreement with Valley View Mall, LLC, dated June 15, 2006 Background: The City, Valley View Mall, LLC (VVM), the developer of property at Valley View Mall known as the District at Valley View, and the Industrial Development Authority of the City of Roanoke, Virginia (IDA) (now the Economic Development Authority of the City of Roanoke, Virginia (EDA)), negotiated an annual Economic Development Grant Performance Agreement dated June 15, 2006. A lifestyle center consisting of several buildings along with a larger structure attached to the existing Valley View Mall has been constructed, providing additional tax revenue, jobs and services to the citizens of the City and the Roanoke Valley. ..,.,. Upon meeting the applicable obligations of the Agreement, VVM can make up to five (5) annual grant requests to the IDA (now EDA) under certain conditions. VVM has indicated it has elected the first grant year to begin July 1, 2007. The various tax revenues, as listed in the Agreement, the City actually receives from the Property or Project must exceed $550,000 for such grant year and each subsequent grant year. If so, VVM can make a grant request to the EDA for up to an amount equal to 50% of the amount of revenue the City actually received during the preceding grant year, subject to certain other provisions as set forth in the Agreement. However, the maximum amount of all grant funds VVM can receive shall not exceed $1 million. Honorable Mayor and Members of City Council November 19, 2007 Page 2 At the present time, VVM has undertaken all activities to qualify for the Economic Development Grant related to infrastructure improvements, demolition, and new investment of at least $17,400,000. However, the agreement also requires at least six retail establishments be open to the public and have five year or longer leases by December 15, 2007. Although there are five new retail establishments, Barnes & Noble, Abuelo's, Carrabba's, Panera Bread, and Fancy That, only the first four have five year or longer leases as required by the Agreement. VVM has asked for an extension of the time for six retail leases to be in place to September 15, 2008, from the original December 15, 2007, date in order to attract and bring high quality retailers to the City and Valley View Mall. In return for the extension, the required two additional leases of five years or more must be with retailers not al,ready located in the City of Roanoke. The original Performance Agreement did not place this stipulation on any of the leases. Recommended Action: Approve VVM's requested time extension and the terms of Amendment No.1 to the Performance Agreement as set forth in the attachment to this letter. Authorize the City Manager to execute an Amendment NO.1 to the Performance Agreement among the City, VVM, and the EDA, in a form substantially similar to the one attached, with the form of such Amendment No.1 to be approved by the City Attorney. Authorize the City Manager to take such actions and execute such documents as necessary to implement, administer, and enforce such Amendment No.1 to the Performance Agreement. Respectively submitted, Darlene L. rcham City Manager Attach ment c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, pirector of Finance R. Brian Townsend, Assistant City Manager for Development Linda S. Bass, Economic Development Specialist Dennis R. Cronk, Chair, EDA Harwell (Sam) M. Darby, Jr., Attorney, EDA / I CM07-00176 DRAFT - 11/8/07 AMENDMENT NO.1 TO PERFORMANCE AGREEMENT This is Amendment No.1 to a certain Performance Agreement dated June 15, 2006, by and among the City of Roanoke, Virginia, a municipal corporation (City), Valley View Mall, LLC, a Virginia Limited Liability Company (VVM), and the Economic Development Authority of the City of Roanoke, Virginia, an economic development authority organized and existing under the laws of the Commonwealth of Virginia (EDA). This Amendment No.1 is dated December ,2007. WITNESSETH: WHEREAS, the Industrial Development Authority of the City of Roanoke, Virginia (IDA), has changed its name to the Economic Development Authority of the City of Roanoke, Virginia (EDA); WHEREAS, the City, VVM, and the IDA (now the EDA) entered into a certain Performance Agreement dated June 15, 2006, (Performance Agreement) concerning VVM's proposed development of certain property mentioned therein and which was subject to certain terms and conditions contained in such Performance Agreement; WHEREAS, VVM represents it has done the following: completed the demolition of the building and other items mentioned in Section 2 (A) of the Performance Agreement; has constructed new buildings for retail establishments as mentioned in Section 2 (A); has installed new requisite infrastructure to support the new buildings; has obtained five year or longer base leases with four retail establishments, and a shorter lease with another retail establishment; and has spent or caused to have been spent over $17,400,000, on the Project as mentioned in the Performance Agreement; and WHEREAS, in order for VVM to be able to attract and bring high quality retailers to the City and Valley View Mall, VVM has requested a certain time extension for completion of certain of VVM's obligations under such Performance Agreement. In view of VVM' s good faith efforts to comply with the Performance Agreement and in order to allow VVM to be able to bring high quality retailers to the City, the City and the EDA have agreed to VVM's request and the parties now wish to reduce to writing their understanding of the time extension that is being granted to VVM by this Amendment No.1. NOW, THEREFORE, the parties, in consideration of the promises and obligations contained in the original Performance Agreement and in this Amendment No.1, mutually agree as follows: Section 1. Change of IDA's Name. The parties agree that since the IDA has changed its name to the EDA, references in the Performance Agreement to the IDA are hereby deemed to be changed to the EDA as of the date of such name change. C:\DOCUME-l \cmjbl \LOCALS-l \Temp\notesFFF692\Amendment I to P A with VVM- Valley View Mall-clean.doc 1 Section 2. Certain Limited Time Extension. VVM represents that it has only obtained four five-year or longer base leases with retail establishments to operate such retail establishments on the Property and is requesting an extension of nine months to obtain two additional five year or longer base leases with two additional retail establishments to operate on the Property in order to meet VVM's obligations under Section 2.. Obligations of VVM. (A and B), of the original Performance Agreement, subject to certain conditions as set forth herein: Therefore, the reference to "18 months" in Subsections 2 (A) and 2 (B) of the original Performance Agreement is hereby deemed modified and changed from "18 months" to "27 months" in order to provide VVM with an additional time period to complete the obligations set forth in those two subsections, provided however that the two additional retail establishments that VVM will enter into five year or longer base leases with shall be new retail establishments that are not currently located in the City of Roanoke as of the date of this Amendment No. 1. This means that the same brand or name of retail establishment already located in the City of Roanoke will not meet this requirement even if such establishment is owned by a different entity or uses a modified name. Should VVM fail to meet this additional requirement, or any other obligations of the original Performance Agreement, VVM shall be deemed to have failed to meet its obligations under the original Performance Agreement and this Amendment No.1 and not be entitled to any benefits under the Performance Agreement. This modification of the original Performance Agreement is only to the extent necessary to provide VVM with the additional time period set forth above and extends such time period from December 15, 2007, to September 15, 2008, provided VVM meets the additional requirements set forth herein. Such modifications to Subsections 2 (A) and 2 (B) are hereby deemed to be replaced and effective as of the date of this Amendment No. 1. Section 3. Selection of First Grant Year. Pursuant to Section 3 (A) of the original Performance Agreement, VVM hereby elects the first grant year to start on July 1, 2007, and go through June 30, 2008, which means that the five consecutive year grant period will end on June 30, 2012, or as otherwise provided in the original Performance Agreement. Section 4. Continuation of Terms and Conditions of Performance Agreement. All the terms, obligations, and conditions of the original Performance Agreement dated June 15, 2006, among the parties shall and do hereby continue in full force and effect, except and only to the extent as modified above. (Signature Page to Follow) C:\DOCUME-I\cmjbl\LOCALS-I\Temp\notesFFF692\Amendment I to PA with VVM-Valley View Mall-clean.doc 2 IN WITNESS WHEREOF, the parties have executed this Amendment No.1 by their authorized representatives. A TTEST/WITNESS: CITY OF ROANOKE By: Darlene L. Burcham, City Manager Printed Name and Title WITNESS: Valley View Mall, LLC By: CBL & Associates Management, Inc. By: Printed Name and Title Printed Name and Title (SEAL) WITNESS: ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA By Dennis R. Cronk:, Chair Printed Name and Title Approved as to Form: Appropriation of Funds Required for this Agreement are subject to future appropriations City Attorney Director of Finance - City of Roanoke Date Acct # Approved as to Execution: City Attorney Authorized by Ordinance No: C:\DOCUME-l \cmjb I \LOCALS-l \Temp\notesFFF692\Amendment I to P A with VVM- Valley View Mall-clean.doc 3 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELlA R. TIREE Assistant Deputy City Clerk November 20, 2007 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 37953-111907 repealing Resolution No. 37921-100107, adopted October 1, 2007, and retroactively authorizing payment of supplementary compensation and restoration of certain benefits to certain employees called to active military duty, effective October 1,2007. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 19, 2007. Sincerely, - m.~ow Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Management and Budget Keli M. Greer, Director, Human Resources Y1. " · /'"' 1'" s. 8~ . IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA 'The 19th day of November, 2007. No. 37953-111907. A RESOLUTION repealing Resolution No. 37921-100107, adopted October 1, 2007, and retroactively authorizing payment of supplementary compensation and restoration of certain benefits to certain employees called to active military duty. BE IT RESOLVED by the Council of the City of Roanoke that it hereby repeals Resolution No. 37921-100107, adopted October 1, 2007. BE IT FURTHER RESOLVED by the City Council of the City of Roanoke that: 1. The City shall pay, upon request, to any City employee who is a military reservist/national guard and who, between October 1, 2007, and September 30, 2008, is called to and serves in active duty related to our country's war on terrorism or natural disasters, subsequent to that employee's employment with the City, a supplement equal to the difference between that employee's regular City salary and military base pay plus any other compensation received for military service. This supplement shall not be paid for any days that regular City' salary must be paid to such employees. Employees shall provide the Department of Human Resources with the necessary documentation to establish their eligibility for the supplement. 2. Each such employee shall be deemed to have earned City vacation, paid and extended illness leave for the period of such active duty in the same manner as if such employee had remained in service with the City. 1 3. For each such employee who returns to service with the City within ninety (90) days of the conclusion of such active military duty, the City shall pay the City portion L qf the health and dental benefit premiums necessary to provide coverage for the employee effective upon the date of return to service with the City. ./ 4. The provisions oftms Resolution shall be retroactive to October 1,2007. ATTEST: ~m.~ 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 November 19, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice-Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr. Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wish neff, Council Member Dear Mayor Harris and Members of City Council: Subject: Special Military Pay Background: Military leave at full pay is limited to fifteen work days per federal fiscal year for employees of the City of Roanoke who are military reservists or members of the national guard and who are called to active duty. City Council approved Special Military Pay on November 5, 2001, and extended it annually thereafter to provide supplemental pay for military reservists/national guard called to active duty. On October 1, 2007, City Council approved and adopted a resolution extending the payment of supplemental compensation and restoration of certain benefits to certain employees called to active military duty between October 1, 2007 and September 30, 2008. However, the resolution presented to City Council inadvertently included a provision related to vacation and paid leave which should not have been included. The October 1, 2007 resolution should be repealed and City Council should adopt the substitute version of the Special Military Pay Resolution, with its provisions retroactive to October 1, 2007. Recommended Action: Approve the attached resolution repealing Council's previous resolution No. 37921-100107, adopted October 1, 2007, and approve the attached resolution extending the City's special policy to pay military reservists/national guard members who are called to active duty between Honorable Mayor and Members of City Council November 19, 2007 Page 2 October 1, 2007, and September 30, 2008, the difference between their military base pay (including any other related compensation received from the military) and pay from the City of Roanoke in their current job. Covered employees would be those reservists/national guard members who are called to active duty subsequent to the employees' employment with the City of Roanoke. The supplemental pay will be provided upon request and with necessary documentation to the City's Department of Human Resources. Funding is available within the operating budgets to support this policy. Darlene L. B rcham City Manager DB/LB c: Stephanie M. Moon, City Clerk Jesse A. Hall, Director of Finance William M. Hackworth, City Attorney Keli Greer, Director of Human Resources CM07-00180 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: c1erk@roanokeva.gov SHEILA N. HARTMAN, CMC Assistant City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R. TYREE AsSistant Deputy City Clerk November 20, 2007 The Honorable John S. Edwards Member, Senate of Virginia P. O. Box 1179 Roanoke, Virginia 24006-1179 The Honorable William H. Fralin, Jr. Member, House of Delegates P. O. Box 20363 Roanoke, Virginia 24018 The Honorable Onzlee Ware Member, House of Delegates P. O. Box 1745 Roanoke, Virginia 24008 Gentlemen: I am enclosing copy of Resolution No.3 7954-111907 adopting and endorsing a Legislative Program for the City of Roanoke to be presented to the City's del,egation to the 2008 Session of the Virginia General Assembly. / You are cordially invited to attend a luncheon meeting to be held on Monday, December 3, 2007,at 12:00 p.m., in Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, to discuss legislative issues. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 19, 2007. Sincerely, ~m.~~ Stephanie M. Moon, CMC , City Clerk SMM:ew Enclosure \ The Honorable John S. Edwards The Honorable William H. Fralin, Jr. The Honorable Onzlee Ware November 20, 2007 Page 2 pc.: Darlene L. Burcham, City Manager Dr. Rita Bishop, Superintendent, Roanoke City Public Schools, P. O. Box 13145, Roanoke, Virginia 24031 Cindy H. Lee, Clerk, Roanoke City School Board, P. O. Box 13145, Roanoke, Virginia 24031 Todd A. Putney, Member, Legislative Committee, 2301 Avenham Avenue, S. W., Roanoke, Virginia 24014 V. Mignon Chubb-Hale, Member, Legislative Committee, 2721 Cove Road, N. W., Roanoke, Virginia 24017 Thomas A. Dick, Legislative Liaison, 1108 E. Main Street, Suite 904, Richmond, Virginia 23219 William D. Hackworth, City Attorney (' ~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of November, 2007. No. 37954-111907. A RESOLUTION adopting and endorsing a Legislative Program for the City to be presented to the City's delegation to the 2008 Session ofthe General Assembly. WHEREAS, the members of City Council are in a unique position to be aware of the legislative needs of this CitY and its people; WHEREAS, preyious Legislative Programs of the City have been responsible for improving the efficiency of local government and the quality of life for citizens of this City; WHEREAS, Council is desirous of again adopting and endorsing a Legislative Program- to be ,,' advocated by the Council and its representatives at the General Assembly; and WHEREAS, the Legislative Committee of City Council has by report, dated November 19, 2007, \ recommended to Council a Legislative Program to be presented at the 2008 Session of the General Assembly; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Legislative Program transmitted by report ofthe Legislative Committee, dated November 19,2007, is hereby adopted and endorsed by the Council as the City's official Legislative Program for the 2008 Session ofthe General Assembly. 2. The Clerk is directed to issue cordial invitations to the City's Senator and Delegates to the 2008 Session of the General Assembly to attend Council's meeting relating to legislative matters, to be held at 12:00 noon, on December 3,2007. ATTEST: ~lt;:. ~6hV CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.w. Noel C. Taylor Municipal Building, Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 November 19,2007 Council Members: Alfred T. Dowe, Jr. Beverly T. Fitzpatrick, Jr. Sherman P. Lea Gwen W. Mason David B. Trinkle Brian J. Wishneff C. NELSON HARRIS Mayor The Honorable Mayor and Members of City Council Roanoke, Virginia Re: 2008 Legislative Program Dear Mayor Harris and Members of Council: City Council's Legislative Committee has met twice to review the proposed 2008 Legislative Program. A copy of the proposed Legislative Program for this year is attached. After careful review, the Committee recommends it to City Council for favorable action. The School Board portion of the Program was approved by the School Board at its meeting on November 13,2007. As Chair of the Legislative Committee, I wish to thank the other members of Council, who comprise the Committee, especially Vice-Mayor Trinkle and Councilman Wishneff, who worked on the provision relating to arts and cultural funding, and Ms. Chubb-Hale and Mr. Putney ofthe School Board. We also wish to thank Tom Dick, our Legislative Liaison, and Bill Hackworth, City Attorney, who coordinated and prepared this Program. As Chair of the Legislative Committee, I commend the Program to City Council for its approval. I am confident the members ofthe Council will agree that the recommended Program will advance the legislative interests of the City and its people at the 2008 Session. BTF:lsc Attachments c: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Dr. Rita Bishop, Superintendent Todd A. Putney, Member, Legislative Committee V. Mignon Chubb-Hale, Member, Legislative Committee Stephen M. Moon, City Clerk Thomas A. Dick, Legislative Liaison City of Roanoke 2008 Legislative Program Le2islation Requested Rental Inspection. Section 36-105.1:1, Code of Virginia, should be amended to permit localities with rental inspection programs to inspect rental units covered by such program to be inspected upon every change in occupancy, as was permitted prior to July 1, 2005, when this section was amended. New Medical School. The State should fund construction of facilities for a new medical school and research institute within the Riverside Corporate Center. Agents for Rental Units. Section 55-218.1 of the Code of Virginia requires property owners who own four or more units in the Commonwealth of Virginia, but do not reside in the Commonwealth themselves, to maintain an agent who is a resident of the State. It is difficult to serve summons and other notices on property owners who do not live in the same locality, delaying action to address blight. The General Assembly is requested to amend this Code section to require that the property owner's leasing agent or representative operate in the same locality as the property or in an adjacent locality. The legislation could be limited to apply only in those localities, such as Roanoke, which have a significant percentage of houses that are rented. In 2000, only 52% of the housing in the City was owner-occupied. Roanoke Arts and Cultural District. In lieu of the customary annual piecemeal funding by the General Assembly of the fifteen individual arts and cultural agencies in the downtown area of the City, City Council requests that the General Assembly try for an initial period of at least five years the innovative approach of appropriating a sum equal to one-third of one percent of the State sales tax (which is 5%) to the City. The State would rebate a total of 1.3- cents of the 5-cents collected in the City by the State. The State has used similar rebate programs in the past as a way to encourage the development of meeting facilities and sports stadiums. Few economic development tools are available to an older central city like Roanoke. Growth in its large base of cultural entities and the attraction of artists and arts related industry is such a tool. It is the City's #1 economic development strategy. The funds received from the additionall/3rd of a cent rebate of the City's sales taxes will be granted by the City via a competitive grant process, and on a matching fund basis, to the arts and cultural agencies located within an arts and cultural district to be designated by the City. 1 For an area like downtown Roanoke City to receive the benefits of this program, it is proposed that the area must meet all of the following designations and be within: a national historic district, a Virginia enterprise zone, a New Market Tax Credit eligible census-tract, and be within a locality in the top 20 fiscally-distressed localities in the State. Such a district would be a tremendous economic development enhancement for the City, and would complement such on-going projects as the state-of-the art Art Museum, renovated Center in the Square, the new O. W. Link Museum, and the many other arts and cultural agencies in the City's downtown. It would also supplement the City's on-going support of its arts and cultural agencies, such as its recent donation of the land and $4 millionJor the new Art Museum. Council also requests that legislation be adopted that would exempt artists who have their studios within a locally-designated arts and cultural district from the State's sales taxes, as it otherwise would apply to the sale of their work within the district. Legislation should also be adopted which would exempt the sale of such works from State income taxation for artists who reside within a designated arts and cultural district. This would encourage even more artists to live and work within the downtown area of the City. It would also help attract art- related manufacturers, technology-based entertainment providers, and art service providers, as well as education and association related private entities. Local Funding of Residential Redevelopment. Enabling legislation should be enacted to authorize localities to make grants or loans of local funds to individuals for the purpose of rehabilitating owner-occupied residence or assisting in the purchase of an owner-occupied residence in a designated conservation or rehabilitation district. Payday Lenders. The City supports the adoption of legislation to prevent exploitative payday lending practices, including enactment of an annual interest rate cap of 36% for any consumer loans, and a prohibition against the use of a personal check or other method by a . creditor to gain access to a consumer's bank account. Smoking in Public Places Outdoors. Enabling legislation should be enacted to authorize localities to regulate or prohibit smoking in defined areas outdoors, such as in proximity to the entrance to buildings, in recreational areas, and in areas where children's programs are being conducted. Delinquent Parking Tickets. Section 46.2- 7 5 2.J, Code of V irginia, authorizes localities to enter into an agreement with the Commissioner of the Department of Motor Vehicles whereby the Commissioner agrees to refuse to issue or renew any vehicle registration for anyone who owes that locality local vehicle license fees or delinquent tangilJle personal property tax or parking citations. However, the provision relating to parking citations only applies to citations issued to residents of such locality. As a result, the City has difficulty collecting unpaid parking citations issued to non-residents, mostly from nearby localities. 2 The City has approximately 1,500 unpaid accounts of this type. The limitation in S46.2- 752.5 to parking citations issued to residents of the locality should be removed. Vireinia First Cities The City supports the Virginia First Cities 2008 Legislative Program (set out in draft form below). (Priorities are indicated with an asterisk.) VFC OverarchinJZ Positions . The state should update and fulfill its funding responsibilities for the education of all students, for public safety, human services and transportation. . The state should adopt the policies of Governor Kaine's Urban Policy Task Force Report that encourage the economic health of cities through employment, neighborhood redevelopment and revitalization of commercial areas. . The state should maintain existing local taxing authority. Education A. *Fully rebenchmark all K-12 education programs, including at-risk student incentive programs: . Incentive funds should be fully rebenchmarked and expanded along with all other K-12 education programs. . The At - Risk Incentive funds have succeeded in helping children who are the most vulnerable to school failure succeed in passing SOL and No Child Left Behind standards of achievement. · At - Risk funds help reduce dropout rates, and more, not less funding is needed to boost graduation rates and an employable workforce. B. Strengthen the Virginia Preschool Initiative (VPI) Program . *Increase the per pupil entitlement to at least $7,200. . Expand eligibility to students who qualify for reduced lunch. Currently only free lunch students are eligible. C. Expand access to the "Smart Beginnings" initiative and the successful "Healthy Families" program: VPI and Healthy Families/Smart Beginnings are important complements to K-12 Education, especially for children in at-risk families. They promote parent education and involvement and enhance school readiness. These programs help meet the goals of an educated and employable workforce and reduce need for state and local social services and crime prevention. 3 Urban Revitalization . Enterprise Zones: Fully fund the successful Enterprise Zone Program for economic development in distressed cities. This is a successful program in distressed communities. Funding caps should be relaxed to continue to programs reliability and continued success especially with smaller businesses. . *Brownfields: Appropriate $2 million for the Virginia Brownfield Redevelopment Assistance Fund to encourage the reuse and redevelopment of brownfield sites. Each brownfield site brought into re-use leverages an average $16 million in private investment and creates an average of 31 full-time and 44 part-time jobs. o Brownfield Funds will be used for site assessment to eliminate the unknown cost of remediation, reducing risk and complementing the successful liability reduction program at the Department of Environmental Quality. o Other states have seen this type of public investment prime private market encouraging smart growth and economic redevelopment . Housing Trust Fund: Establish a Housing Trust Fund to increase affordable housing across urban areas and provide housing for the homeless. . Eminent Domain: Oppose an eminent domain constitutional amendment. Eminent domain laws were changed substantially in 2007 making a constitutional amendment unnecessary. . Transportation/Land Use: Maximize funding for public transportation wherever possible. Promote regional public transportation. Support state transportation and land use policy initiatives that encourage city redevelopment and discourage dispersed development. . State Aid: Increase state aid to localities with high poverty concentrations and aging urban infrastructure. Public Safety . HB 599 Funds: Preserve annual allocations of 599 public safety funds based on state revenue and oppose further raiding of the program. . Juvenile Justice: Support full funding for and protect against further funding reductions for Juvenile Justice, including Juvenile Detention and other critical services. 4 . Mental Health Services for Locally Incarcerated Persons: State funding and reform is needed to provide mental health services for locally incarcerated persons. Prisoners with mental illness should be treated for their own safety as well as the safety of the community. Taxation Real Estate Homestead Exemption Constitutional Amendment - Fiscal conditions of local jurisdictions vary significantly. Should a constitutional amendment pass, enactment legislation should reflect the intent of the 2007 resolution (SJR 354) by giving local governments broad authority to set the terms and conditions of any local tax relief programs. Other Le2islative Priorities Health Department Offices. An additional annual sum of $83,000 needs to be appropriated to the City's Health Department to fund payment of the rental of its new office spaces in the Human Services Building on Williamson Road. The City will pay its share of the rent. Business License. Section 58.1-3700, Code of Virginia, authorizes localities to adopt ordinances requiring that no business license be issued to an applicant who is delinquent in the payment of certain taxes, such as business license taxes, personal property taxes, etc. The statute does not, however, prohibit a delinquent taxpayer from obtaining licenses for new businesses (as opposed to renewing an existing business license). It should be amended to prohibit this. Conservation Easements. The State should provide some incentive, financial or otherwise, for localities which place land owned by them under a conservation easement. Mental Health Services and Community Services Act. The City supports the provision of mental health services to children and their families through the existing publicly-funded mental health, mental retardation, and substance abuse services system. The City opposes any efforts to create duplicate systems of services, or to require localities to pay higher match rates for serving children and adolescents with mental health needs. The City supports greater state investment in the existing Mental Health Initiative program, which focuses on children and adolescents with mental health treatment needs, and greater flexibility in the use of these funds to meet the individual needs of children. The City also supports creation of additional state-funded supports, including evaluation centers, technical support or treatment services from state hospital professionals, and greater use of telemedicine to help communities better serve children. FOIA. An exemption should be added to ~2.2-3711 of the Freedom of Information Act to permit governing bodies to discuss in closed meetings the granting of economic development incentives for projects which already have been announced publicly. 5 Domestic Violence. The Roanoke Domestic Violence Task Force has suggested several legislative ideas that would assist with preventing domestic violence. These include: . Establishing a requirement that prosecution of any domestic violence offense involving a knife or a gun be expedited. . Adopting legislation requiring that domestic violence convictions be included in the response to record queries made by the police through the Virginia Criminal Information Network (VCIN). (Currently the information provided only includes wanted subjects, subjects with protective orders, and those with concealed weapon permits.) . Adopting enabling legislation authorizing localities to impose a fee of $50.00 on those convicted of domestic violence and domestic related offenses to help offset the expense of domestic violence investigations and provide services to victims. This fee would be separate from and in addition to any fine and/or costs otherwise imposed by the courts. TransDominion Express. The City of Roanoke supports the proposal to extend passenger rail service from Bristol through Roanoke and on to Lynchburg and then to Washington, D.C. and Richmond, Virginia. Roanoke is the largest city in Virginia without passenger rail service. The 2000 General Assembly provided $9 million in preliminary funding for this important economic development initiative. The City supports the additional State funding necessary to place the service into operation. Brownfields. The State should fund the Virginia Brownfield's Restoration and Economic Development Assistance Fund (Sec. 10.1-1237, et seq., Code of Virginia). The State has authorized the fund which could be used for grants to localities or loans to private entities for redevelopment of brownfields, but it has not yet funded it. It is suggested that an initial appropriation be made of $2 million. Requests of the City's Police Department: . Display of Disabled Parking Placards. Section 46.2-1242, Code of Virginia, authorizes localities to establish fines for those who illegally park in a duly designated parking space reserved for persons with disabilities. This section provides that vehicles with removable windshield placards issued to disabled drivers may park in such designate spaces. The Police Department has had a problem with drivers who have such placards but either do not display them or display them so that they are not completely visible when parking in such spaces (some apparently try to conceal the expiration date). Section 46.2-1242 should be amended to authorize localities to establish fines for such offences, which fines would be less than those for illegally parking in a disabled parking space. 6 . Sale of Spray Paint. Legislation should be enacted that would prohibit the sale of spray paint to minors, unless 'accompanied by an adult. . Definition of Prostitution. The definition of "prostitution" in ~ 18.2- 346, Code of Virginia, should be amended. To convict someone of prostitution, three elements of the crime must be established: an agreement to perform a sex act, an agreement to exchange money or its equivalent for such act, and then the performance of a "substantial act" in furtherance of the crime. According to the Police Department, the "substantial" requirement makes it difficult to convict those guilty of prostitution. It is suggested that either this word be deleted, or replaced with the word "intentional." . Service of Emergency Custody Orders. Section 37.2-808, Code of Virginia, requires that whenever a magistrate issues an emergency custody order, that a locality's "primary law-enforcement agency" serve the order, execute it, and provide transportation for the person being taken into custody. The Police, Department indicates that this places an undue burden on the Department as it routinely takes from two to four hours to execute an order and transport the person being taken into custody. The Department proposes that the statue be amended to give the magistrate the discretion to require either the Police Department or the Sheriff's Department to do this, as was done in the past, when such orders issued at the request of a citizen were taken care of by the Sheriff's Department, while police-initiated orders were taken care of by the Police Department. . "Stupid Driver" Law. At least eleven states have enacted so-called "stupid driver" laws, pursuant to which motorists can be held financially liable if they intentionally ignore warnings and drive into flooded roadways, thereby causing their vehicle to become inoperable, and requiring a water rescue. Such a law would help prevent such ill-advised behavior, which often exposes rescue personnel to unnecessary risk and danger. It should also include similar offenders who endanger others by walking into or boating in flooded areas. Motor Vehicle Licenses. Section 46.2-752, Code of Virginia, pertaining to local motor vehicle licenses, should be amended to add an exemption for vehicles over 10,000 gross vehicle weight that are owned by museums officially designated by the Commonwealth of Virginia. (Commonwealth Coach and Trolley Museum) Support for School Board Legislative Priorities. The City of Roanoke supports the School Board Legislative Program in its entirety and incorporates it into the City's Legislative Program. 7 \ General Policy Considerations The Federal and State governments should recognize that local governments are the best vehicles for the delivery of many services to the public because local governments are closest to the people and the most responsive. Roanoke remains concerned with the cumulative effect of Federal and State legislative and regulatory mandates that have stressed the serious financial problems of local governments. It is essential that the State fully fund all State mandates, including public employee salaries. Roanoke is vitally concerned over the continued erosion of local revenue sources. The General Assembly is urged to leave the taxing authority and revenue sources of local governments alone. Additionally, the State should pay a greater share of the costs of education and other essential services. City Council calls upon the Governor and the General Assembly to develop an economic development strategy for the Commonwealth and its local governments. The strategy should include special programs for those areas west of the Blue Ridge Mountains and central cities across the Commonwealth. Tourism and convention activities that enhance the economic well being of the State and its political subdivisions should be recognized as legitimate components of economic development. Adequate funding, especially that for mass transit, is critical to keep Virginia's transportation system viable. In addressing transportation needs, the General Assembly should consider: adjusting fund sources such as the motor fuels tax, to keep pace with inflation; imposing moderate increases in state transportation-related taxes and fees; authorizing more options for long-term financing for major projects; authorizing the creation of regional transportation districts; seeking equity among various road users by ensuring that trucks pay their proportionate share of road costs and promoting mass transit solutions on a regional andtstatewide basis. 8 ROANOKE CITY PUBLIC SCHOOLS LEGISLATIVE PROGRAM Academic Achievement and Education Fundine Roanoke City Public Schools (RCPS) is committed to increasing the performance of all of its students and to closing achievement gaps, with particular emphasis on the lower performing subgroups of students as defined by the No Child Left Behind (NCLB) Act. . RCPS supports higher academic standards for students in the Commonwealth and the programs and services that will enable all students to meet or exceed those standards. . RCPS supports requiring the Standards of Quality to be determined and prescribed every two years and obligating the Commonwealth to fully fund the Standards of Quality. RCPS urges state officials to determine, prescribe, and fund the Standards of Quality (SOQ) on the basis of realistic and actual educational needs, practices, and costs, and to include capital, operational, and maintenance costs for school facilities and transportation. . RCPS supports efforts to change funding for elementary and secondary education in the Commonwealth to reflect true costs incurred by school divisions in meeting the requirements of the SOQ, the Standards of Accreditation (SOA), and the Standards of Learning (SOL). . RCPS believes that the SOA requirements should not restrict or limit opportunities currently available to challenge students. Choices should remain for students such as: the arts and humanities; health and physical education; and career and technical education, including courses that serve to facilitate such programs as school-to-work transition. . RCPS supports continued funding for dropout programs. . RCPS supports additional funding for alternative education as well as additional alternative education sites. . Local school divisions should receive expanded funding for elementary alternative education programs. . RCPS supports continued and additional funding for at-risk students, to include remedial education SOQ funding, at-risk SOQ funding, funding for reduced K-3 class size, at-risk 4-year-old funding, and technology funding. . RCPS supports full funding for pre-kindergarten programs for children with established needs. . RCPS supports efforts to review the Standards of Quality (SOQ)to reflect the actual educational practices of local school divisions. . RCPS supports additional funding for alternative education and maintains that such funding should be the joint responsibility of the local school division and the state- funded alternative education programs. 9 . RCPS supports expanded funding for local school divisions for elementary alternative education programs. . RCPS supports the development of a Career Technical Diploma to recognize students whose achievement is in the area of technical education. . RCPS supports efforts to ensure that the funding formula reflects currents costs to meet state requirements that have been added since the formula was last revised. . RCPS supports efforts to ensure that the funding formula reflects educational practices that go beyond the requirements of the Standards of Quality but are needed because they constitute best practices that benefit all children. . RCPS supports efforts to expand positions and funding under the SOQ that reflect actual education practices in school divisions. . RCPS supports efforts to expand state and federal revenue to fully fund mandates. . RCPS supports efforts to close the disparity gap in funding between wealthy and poor school divisions. . RCPS supports the revision of the current transportation reimbursement in Basic Aid to reflect the current cost of fuel. . RCPS supports efforts to provide a regular funding source for the provision and maintenance of transportation, technology, and infrastructure in public schools. School Construction. Maintenance and Debt Service . RCPS is committed to ensuring the effective and efficient use of division facilities and infrastructure. . RCPSencourages the state to recognize the burden that school construction and debt service costs place on local budgets. Accordingly, the state is urged to provide localities with recurring money for school facility debt service, on a per pupil basis, and in addition to the SOQ funding, and to establish a permanent revenue source and formula for distributing school construction and debt service funding to localities. In the alternative, the state should increase the current level of school construction funding, funding for the Literary Loan program, and funding for the Virginia Public School Authority Interest Rate subsidy program. These funds should be protected from other use or allocations. . A program of state participation in school construction and renovation projects should be implemented in addition to current Literary Fund and VPSA programs, school construction grants, and lottery proceeds programs. · Sufficient funding should be provided for the Literary Loan program to meet construction requests within one year. . The state should address the financial condition of the Literary Fund and should balance the general fund without using the proceeds of the Literary Fund to balance the budget. . The state should continue the VPSA subsidy sales until the Literary Fund is available to meet school construction needs. . The Literary Fund should be available to all school divisions. 10 . The General Assembly should expand the ability of school divisions to borrow through expanding the capacity of the VPSA. . The state should share debt service as ongoing, unfunded operational expenses. . Debt service should not be part of the state-funding match. . The state should fund construction and renovation costs associated with state mandates (e.g. reduced class sizes, 4-year-old programs, etc.). Attractine. Trainine. and Retainine Division Staff . RCPS is committed to attracting, training, and retaining the best staff for our urban Division. RCPS urges the state to recognize the statewide teacher and administrator shortage due to the tight labor market, the implementation of NCLB, and salary and personnel disparities. RCPS supports legislation to address the shortage. The legislation should include providing financial assistance to school divisions for recruiting and retaining qualified teachers and administrators. RCPS supports efforts to provide competitive salaries and benefits which will retain quality education employees in the profession and which will attract and retain new personnel of high caliber. RCPS supports increasing salaries and benefits of all teachers, administrators, and superintendents so that Virginia will be in the top 10% in the nation. RCPS urges the state to provide full-year funding for teacher pay increases and to provide creative programs and alternate routes to licensure. RCPS supports funding stipends for mentors to meet their mentor program requirements. RCPS supports increased funding for comprehensive staff development programs for teachers and administrators including full funding for national board certification. Ensurine School Safety . RCPS is committed to ensuring the safest schools for our students and staff as part of its broader effort to facilitate a productive learning environment in all schools. RCPS urges the continuation of grants and enhanced funding for School Resource Officers and other school safety programs and initiatives. School Calendars . RCPS supports returning control of the public school calendar to local school boards and supports local flexibility and control over opening dates to allow local school boards to have time to provide for required remediation and teacher training. 11 No Child Left Behind. . RCPS supports NCLB' s general goal of having all children learn to high standards, but is deeply concerned about the Act's major expansion of federal authority over state and local educational programs. RCPS supports return of accountability to state and local authorities. RCPS also supports full funding by the federal government for the implementation of NCLB. In the absence of the return of accountability, RCPS supports the following changes: RCPS supports alignment of NCLB and IDEA regulations so that there are no discrepancies or conflicts between the two federal laws. RCPS ~upports targeting offers of transfer or supplemental services only to students in the sub-group that fail to meet A YP in consecutive years. RCPS supports reversing the order in which sanctions are applied with supplemental services preceding offers of transfer. . RCPS recommends that the Virginia Department of Education include the following in its deliberations with the U.S. Department of Education: (i) required size of sub- group, (ii) substitution of a growth model for measuring student progress rather than the proportion of students meeting a single standard, and (iii) attendance and participation rates for special circumstances. 12 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W.,Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk CECELlA R. TYREE Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk November 20, 2007 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 37955-111907 endorsing Architectural Design Guidelines for the H- i , Historic Downtown Overlay District, and the H-2, Neighborhood Design Overlay'District. The abovereferenced measure was adopted by the Council of the City' of Roanoke at a regular meeting held on Monday; November 19,_ 2007. Sincerely, /s.~~frl. ~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Jesse A. Hall, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Thomas Carr, Director, Planning, Building and Development Erica Taylor, Agent, Architectural Review Board /\, ~~'\ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of November, 2007. , No. 37955-111907. A RESOLUTION endorsing Architectural Design Guidelines for the R..l, Historic ( Downtown Overlay District, andthe H-2, Neighborhood Design Overlay District. WHEREAS, on August 10, 1995, the Architectural Review Board for the City of Roanoke ("ARB") adopted Architectural Design Guidelines for the H-2, Neighborhood Preservation District ("H-2 Guidelines"); WHEREAS, the ARB has considered the Architectural Design Guidelines for the H-l, Historic District ("H-I Guidelines"), and the H-2, Neighborhood Preservation District ("H-2 Guidelines"), when applications for certificates of appropriateness in the H-l, Historic District, and the H-2, Neighborhood Presentation District, are filed; WHEREAS, the ARB amended the H-l Guidelines and the H-2 Guidelines after several public meetings at which input from the general public was received; WHEREAS, on September 13, 2007, the ARB adopted new Architectural Design Guidelines, as amended, for the H-l, Historic Downtown Overlay District, and the H-2, , Neighborhood Design Overlay District; WHEREAS, the H-l Guidelines and the H-2 Guidelines are guidelines and are not mandatory; and WHEREAS, the ARB has requested that City Council endorse the new H-l Guidelines and the H-2 Guidelines. NOW THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke and this Council hereby endorses the Architectural Design Guidelines for the H-l, Historic Downtown Overlay District, and the Architectural Design Guidelines for the H-2, Neighborhood Design R -Historic Guidelines 11-19-07 Overlay District, as adopted by the Architectural Review Board for the City of Roanoke on September 13, 2007, to the extent that the H-l Guidelines and the H-2 Guidelines are not inconsistent with either the authority granted to the City of Roanoke by the General Assembly, any law of the Commonwealth of Virginia, or any provision in the Code of the City of Roanoke (1979), as amended. ATTEST: . - 1rJ. (yy,hv tephanie M. Moon,' CMC, ~erk 'I ( R-Historic Guidelines 11-19-07 CITY OF ROANOKE PLANNING BUILDING & ECONOMIC DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning@roanokeva.gov Architectural Review Board Board of Zoning Appeals Planning Commission November 19, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred 1. Dowe, Jr., Council Member Honorable Beverly 1. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Request to endorse updated versions of the H-1 and H-2 Architectural Design Guidelines. Background: The City received a Certified Local Government (CLG) grant of $20,000 from the Virginia Department of Historic Resources in 2006 to update the City's Architectural Design Guidelines for both of its local historic districts (H-1 and H- 2). Thomason and Associates of Nashville, Tennessee, was hired to assist staff with this task, including conducting public meetings to get input from residents and professionals that work in the area. Three public meetings were held; one at the Municipal Building to discuss the H- 1 District, and two at Highland Park Elementary School; the first devoted solely to the H-2 District, and the second for both districts (although in the last meeting no specific discussion was raised with regard to the H-1 District). Staff received drafts of the updated documents in April. Copies of the drafts were made available online and during the last public meeting on May 23. Staff met with the ARB on May 31, and then revised the drafts based on all comments received from ARB members and the public. The Architectural Review Board approved the guidelines by a roll call vote of 5-0 on September 13, 2007. City Council received a copy of the H-1 and H-2 Architectural Design Guidelines at a briefing of Council on November 5,2007. Considerations: Notable changes to the H-1 Guidelines consist of: 1) Rewrite of the "Working with the ARB" chapter including the list of items eligible for an Administrative Approval Certificate of Appropriateness, which are now all contained within the guidelines. The current H-1 Guidelines only contain four such items. 2) Guidelines altered for balconies in the Building Facades chapter to open the possibility of adding them. Notable changes to the H-2 Guidelines consist of: 1) Addition of "Recent Past 1940 - Present" in the "Architectural Styles" chapter. This allows for clarification of what is governed on newer structures by the ARB and why. Staff thought this to be important due to the recent requests concerning newer structures, the lack of understanding of how to handle the buildings within the framework of the guidelines, and why some buildings might warrant more consideration than others. 2) Rewrite of the "Working with the ARB" chapter to improve the explanation of the design review process and omission of two items from the administrative approval list. 3) Removal of all references to "contributing" or "non-contributing" structures. These reference the National Register of Historic Places nomination for the H-2 District and are not part of City Code Historic Neighborhood Overlay District terminology, thus not a legal basis for ARB decisions. \ 4) Moved "Porches, decks and patios" from the "Additions and Accessory Structures" to the "Porches" chapter. 5) Addition of language regarding corner lots in the "Basic Design Principles" chapter. 6) Addition of "Important Considerations: Energy Efficiency" to Windows and Doors sections. Staff added an informational section about energy efficiency in older homes, and why certain "energy efficient" treatments and materials are not recommended for other than aesthetic reasons. 7) Reorganized "Definitions" on sidebars to pertain to what is being discussed on the main section of the page. Changed definition of lattice to state "vertical and horizontal strips." Recommendation: The Architectural Review Board requests that City Council endorse the H-1 and H-2 Architectural Design Guidelines. . -.l Respectfully submitted, ~fI- ~ Barbara Botkin, Chair Architectural Review Board attachments cc: Darlene ~. Burcham, City Manager William M. Hackworth, Assistant City Attorney Jesse Hall, Director of Finance Brian Townsend, Assistant City Manager Tom Carr, Director, Planning Building and Development Erica Taylor, Agent, Architectural Review Board CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk ( CECELlA R. TYREE Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk November 20, 2007 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No. 3 7956~ 111907 appropriating funds from the Commonwealth and Federal governments as well 'as frpm a donation for various School grants, and amending and reordaining certain sections of the 2007-2008 School Fund Appropriations, and dispensing with the second reading by title of this ordinance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, 'November 19, 2007, and is in full force and effect upon its passage. Sincerely, ~h1."lOW Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools Cindy H. Poulton, Clerk, Roanoke City School Board, P. O. Box 13145, Roanoke, Virginia 24031 Darlene L. Burcham, City Manager Sherman M. Stovall, Director,Management and Budget / ~") ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of November, 2007. No. 37956-111907. AN ORDINANCE to appropriate funding from the Commonwealth and Federal governments as well as from a donation for various School grants, amending and reordaining certain sections of the.. 2007-2008 School Fund Appropriations, and dispensing with the second reading by title of this ordinance. , BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2007-2008 School Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Supplies Program Director (25%) Instructional Staff Activity Assistants Media Assistant Social Security Indirect Costs Contracted Services Conference Travel Pupil Transportation Supplies Teachers Program Director Activity Assistants Social Security Indirect Costs Contracted Services Conference Travel Pupil Transportation Supplies Teachers Program Director Activity Assistants Social Security Indirect Costs 30-062 -6619-0614-61 06 30-062-6353-0124-6100 30-062-6353-0121-6100 30-062-6353-0141-6100 30-062-6353-0151-6100 30-062-6353-0201-6100 30-062-6353-0212-6100 30-062-6353-0313-6100 30-062-6353-0554-6100 30-062-6353-0583-6100 30-062-6353-0614-6100 30-062-6354-0121-6000 30-062-6354-0124-6000 30-062-6354-0141-6000 30-062-6354-0201-6000 30-062-6354-0212-6000 30-062-6354-0313-6000 30-062-6354-0554-6000 30-062-6354-0583-6000 30-062~6354CP614-:6009 30-062':6355-0121-6000 30-062-6355-0124-6000 30-062-6355-0141-6000 30-062-6355-0201-6000 30-062-6355-0212-6000 $ 500 12,242 17,250 39,240 7,200 11,815 2,730 63,000 1,962 12,500 25,700 36,400 17,640 30,880 6,454 2,055 46,908 2,381 12,500 18,125 36,400 17,640 28,800 6,296 2,307 Contracted Services Conference Travel Pupil Transportation , Supplies Equipment Teachers Program Director Activity Assistants" Social Security Indirect Costs Contracted Services Conference Travel Pupil Transportation Supplies Equipment Contracted Services Food Supplies Revenues Donation Federal Grant Receipts Federal Grant Receipts Federal Grant Receipts Federal Grant Receipts State Grant Receipts 30-062-6355-0313-6000 30-062-6355-0554-6000 30-062-6355-0583-6000 30-062-6355-0614-6000 30-062-6355-0821-6000 30-062-6356-0121-6000 30-062-6356-0124-6000 30-062-6356-0141-6000 30-062-6356-0201-6000 30-062 -6356-0212-6000 30-062-6356-0313-6000 30-062-6356-0554-6000 30-062 -6356-0583-6000 30-062-6356-0614-6000 30-062-6356-0821-6000 30-062-6927 -0313-6106 30-062-6927 -0602-6106 30-062-6927 -0614-6106 30,970 2,381 12,500 39,325 10,000 36,400 17,640 28,800 6,296 2,307 '30,970 2,381 12,500 39,325 10,000 1,386 4,500 13,944 30-062-6619-1103 30-062-6353-1102 30-062-6354-1102 30-062-6355-1102 30-062-6356-1102 30-062-6927-1100 500 193,639 173,343 186,619 186,619 19,830 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATtEST: M.~ :' "iCity"Ci~rk. City of Roanoke School Board P.O. Box 13145, Roanoke VA 24031 . 540-853-2381 . FAX 540-853-2951 David B. Carson Chairman Jason E. Bingham Vice Chairman V. Mignon Chubb-Hale Mae G. Huff Suzanne P. Moore Courtney A. Penn Todd A. Putney Dr. Rita D. Bishop Superintendent Cindy H. Poulton Clerk of the Board November 19, 2007 The Honorable C. Nelson Harris, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As the result of official School Board action at its meeting on November 12, the Board respectfully requests City Council to appropriate the following funds: · $500.00 for the Physh Ed National Fishing and Boating Education Grants Initiative to utilize funds from the Future Fisherman Foundation to incorporate fishing and boating into the high school physical education curriculum. This new program will be funded by the Future Fisherman Foundation. · $193,639.00 for the 21st Century Community Learning Center to establish the Addison Community Learning Center. The Center will address the critical attendance, academic, and parental involvement needs of the community in a safe, supervised, and nurturing environment. The program further provides significant expanded learning opportunities that contribute to reduced drug use and violence as it assists students to meet or exceed local and state standards in core academic subjects. This continuing program is one hundred percent reimbursed by federal funds. · $173,343.00 for the 21st Century Community Learning Center at Hurt Park Elementary School. The Center will address the critical attendance, academic, and parental involvement needs of the community in a safe, supervised, and nurturing environment. The program is designed to provide significant expanded learning opportunities after school and during the summer that build character and positive self esteem, reduce drug use and violence, and assist students to meet or exceed local and state standards in core academic subjects. This continuing program is one hundred percent reimbursed by federal funds. · $186,619.00 for the 21st Century Community Learning Center at Fallon Park Elementary School. The Center will address the critical attendance, academic, and parental involvement needs of the community in a safe, supervised, and nurturing environment. The program is designed to provide significant expanded learning opportunities after school and during the summer that build character and positive self esteem, reduce drug use and violence, and assist students to meet or exceed local and state standards in core academic subjects. This continuing program is one hundred percent reimbursed by federal funds. Members of Council Page 2 November 19, 2007 · $186,619.00 for the 21st Century Community Learning Center at Westside Elementary School. The Center will address the critical attendance, academic, and parental involvement needs of the community in a safe, supervised, and nurturing environment. The program is designed to provide significant expanded learning opportunities after school and during the summer that build character and positive self esteem, reduce drug use and violence, and assist students to meet or exceed local and state standards in core academic subjects. This continuing program is one hundred percent reimbursed by federal funds. · $19,830.00 for the Childhood Obesity Prevention program. . The grant was issued by the Virginia Department of Education and the Virginia Department of Health. The grant will support strategies and practices to increase physical activity and promote healthy eating for children at highest risk of obesity including children from low-income households. Eligible schools include those that have submitted a Governor's Nutrition and Physical Education Scorecard but did not achieve award status. Qualifying schools include Breckinridge, Jackson, and Ruffner Middle Schools. This new program is one hundred percent reimbursed by State funds through the Virginia Department of Health. The School Board thanks you for your approval of the appropriation requests. Sincerely, ~I;~~ re cc: Mr. David B. Carson Dr. Rita D. Bishop Mr. Curtis D. Baker Mr. Richard C. Patterson Ms. Darlene L. Burcham Mr. William M. Hackworth Mr. Jesse A. Hall Mrs. Ann H. Shawver Ms. Dorothy Hoskins (with accounting details) 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: jesseJ1aIl@ci.roanoke.va.us November 19, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice-Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian j. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: School Board Appropriation Request As a result of official School Board action at its meeting on November 12, 2007, the Board has respectfully requested that City Council appropriate the following funds: · $500 for the Physh Ed National Fishing and Boating Education Grants Initiative to utilize funds from the Future Fisherman Foundation to incorporate fishing and boating into the high school physical education curriculum. This new program will be funded by the Future Fisherman Foundation. · $193,639 for the 21 st Century Community Learning Center to establish the Addison Community Learning Center. The Center will address the critical attendance, academic, and parental involvement needs of the community in a safe, supervised, and nurturing environment. The program further provides significant expanded learning opportunities that contribute to reduced drug use and violence as it assists students to meet or exceed local and state standards in core academic subjects. This continuing program is one hundred percent reimbursed by federal funds. · $.173,343 for the 21 st Century Community Learning Center at Hurt Park Elementary School. The Center will address the critical attendance, academic, and parental involvement needs of the community in a safe, supervised, and nurturing environment. The program is designed to provide significant expanded learning opportunities after school and during the summer that build character and positive self esteem, reduce drug use and violence, and assist students to meet or exceed local and state standards in core academic subjects. This continuing program is one hundred percent reimbursed by federal funds. Honorable Mayor and Members of Council November 19, 2007 Page 2 · $186,619 for the 21 st Century Community Learning Center at Fallon Park Elementary School. The Center will address the critical attendance, academic, and parental involvement needs of the community in a safe, supervised, and nurturing environment. The program is designed to provide significant expanded learning opportunities after school and during the summer that build character and positive self esteem, reduce drug use and violence, and assist students to meet or exceed local and state standards in core academic subjects. This continuing program is one hundred percent reimbursed by federal funds. . $186,619 for the 21 st Century Community Learning Center at Westside Elementary School. The Center will address the critical attendance, academic, and parental involvement needs of the community in a safe, supervised, and nurturing .environment. The program is designed to provide significant expanded learning opportunities after school and during the summer that build character and positive self esteem, reduce drug use and violence, and assist students to meet or exceed local and state standards in core academic subjects. This continuing program is one hundred percent reimbursed by federal funds. · $19,830 for the Childhood Obesity Prevention program. The grant was issued by the Virginia Department of Education and the Virginia Department of Health. The grant will support strategies and practices to increase physical activity and promote healthy eating for children at highest risk of obesity including children from low-income households. Eligible schools include those that have submitted a Governor's Nutrition and Physical Education Scorecard but did not achieve award status. Qualifying schools include Breckinridge, Jackson, and Ruffner Middle Schools. This new program is one hundred percent reimbursed by State funds through the Virginia Department of Health. We recommend that you concur with this report of the School Board and adopt the attached budget ordinance to appropriate funding as outlined above. Sincerely, t:) hv-- .4.M Jesse A. Hall Director of Finance = 1.~. ;'. Cl1:1' .. i_\ :' ).1 \ " ~:", hL'('>:'I-"::' JAH:ca c: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Stephanie M. Moon, City Clerk Sherman M. Stovall, Director of Management and Budget Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools ..' Item 11. November 19, 2006 Dear Mayor Nelson Harris, This petition represents 507 signatures of Hollins University faculty, staff and students. I table sat in Moody Dining Hall at Hollins for 20 hours last week. Ifeel it represents the majority opinion on campus. I hope that this petition will garner your serious consideration of the citizen's support in Roanoke Valley of the efforts of the Roanoke Rescue Mission. I fervently hope that you and city ,council members will work towards investigating the root causes ofhomelessness in the Roanoke Valley and work towards finding solutions rather than laying blame Qn the Mission for the deeper issues surrounding the causes of homelessness. I also extend an invitation to you to accompany me over the holiday season to the Mission. I will be going there to give haircut services with the men in the Men's Shelter and it would be a great opportunity for you to talk with them as they get haircuts and ask about the conditions that brought them to seek shelter there and ask what we could all do to help them get back on their feet. I moved to Roanoke 4 years ago when I retired because I was weary of the "me" culture of Washington D.C. after living there for 25 years. Roanoke is a caring and involved community and the Roanoke Rescue Mission serves as a powerful symbol of our community! I am grateful and blessed that I have a place to give of my time and money and know and see that it does great good in helping people unlike giving blindly to a large national or world organization with doubts all the money goes for good. I know that each council member and our mayor are decent and good people. Let us please work together with positive energy towards finding solutions for this problem facing our nation. Most sincerely. Sharon Mirtaheri Founder of "Angels with Scissors" My name is Sharon Mirtaheri and I am a student at Hollins University. I was raised in Radford Virginia and grew up in a very violent home with an alcoholic father that colored my childhood with fear. Numerous times we fled our home but there was no Rescue Mission or Battered Women's Shelter in Radford to go to then. This is why the Roanoke Rescue Mission means so very much to me. When I retired from a 30 year career as a hairstylist and moved to Roanoke 4 years ago I started an organization of 43 salons and 150 hairstylists named "Angels with Scissors." We raised approximately 16 thousand dollars to build 2 salons inside the Rescue Mission buildings. Volunteers now go and give service to those in need. In the beginning, due to my childhood, I did not want to give service to the men. It was the battered women that I was most dedicated to. But I saw the need was great and reluctantly begin going to the Men's Shelter to cut hair as well. To my great surprise the men who were there were not who I thought they would be: drunks and drug addicts. Many were construction workers of one type or another and had been injured. Hard working guys with a tragedy or two and no health insurance! I had to set my own biases aside because of my experience there! Of the 3 hundred people that spend the night at the Mission on any given night, 60 are in the Recovery program and live and work there. 2/3rds of the 240 others that spend the night go to one or more jobs the next day! The last survey done within the Mission found that 75% of those there were from Roanoke City or Roanoke County. The Rescue Mission currently has a 3 million dollar operating budget. Every cent is donated in mostly 5$ to 25$ increments and I know this personally as I bave helped stuff the tax receipts for 8000 Roanoke households that donate each year plus churches and businesses!!!! The Mission does not receive one penny from local, state or federal tax money. One hundred churches in Roanoke City and Valley rotate the evening chapel service every night of the year and another 100 are involved with the Mission in other ways such as volunteering service hours. That is 200 churches!!!! The Roanoke Rescue Mission serves a critical social need in this Valley!!! Our citizens support the Rescue Mission and all the good it does and we want our City government to reflect this in words and actions. Roanoke is proud, not ashamed, that we provide this kind of service to those that have little or nothing. It is not "them" and "us" ...it is "we". WE are a community!! We are inclusive. An accurate measure of a society is how that society treats those that have little or nothing. As a citizen of this community I feel grateful and blessed that there is an institution to which I can give my time and money and know for sure that it is helping people. I invite you Mayor Harris and our elected council members to come with me when I go to the Mission over the holidays to give men haircuts in the shelter and talk to them while they are getting haircuts. Find out who they are and what were the circumstances that caused them to be there. Ask them how our wonderful city can help them get back on their feet and use this information to effect change. I would like to present to you a petition of support for the mission from 507 Hollins students, faculty and staff. I thank you aU for your time and consideration. ~ Proposed Wiley Drive Closure Roanoke River Flood Reduction Project Proiect Background: · In many ways, the Roanoke River Flood Reduction Project is one of the largest and most complex projects ever undertaken by the City of Roanoke · Project has a 30+ Year History · Project Features are defined General Design Memorandum May 1989 · Local Cooperation Agreement (LCA) defines the roles of the City and the Department of the Army to implement the Project, Executed in June 1990 and remains valid (16 pages) · City Council authorized the easements for all City owned properties needed for the Flood Project on January 22, 2002, which included not only Wasena Park, but Smith Park, Rivers Edge Park, and Piedmont Park. ,. · Several Parts of the Project are Completed: o Flood Proofing of Roanoke Memorial Hospital o Flood Proofing the Wastewater Treatment Plant o IFLOWS System - Early Flood Warning by National Weather Service '-., · Flood control project is a series of bench cuts and levee walls that decrease flooding by increasing the capacity of the river channel. The increase in channel width results in flood elevation reductions. The bench cuts and levee walls are designed to work together as a system. Removal or modification of the flood control features has impacts outside of the immediate area · City Comprehensive Plan Vision 2001-2020 supports of the RRFRP; There are a number of specific polices and actions that support the project · Improvements on the River began in 2004 and have progressed from the Wastewater plant to Roanoke Memorial Hospital Substantial Investment in the Proiect $ 64.3 M project approximately $45M Federal and $19M Local As of July 2007 Approximately $29M Federal and $ 12M Local Competition for federal funds is challenging. With the help of our Congressional Delegation we have been successful in keeping the federal funds on track. This is not an easy task and one that requires constant attention. There are many projects awaiting funds. All local funding is in place to support the project. The project is approaching being 50% complete. The Corps has awarded a contract for the bench cuts in Wasena Park, it also includes recreation trail and flood levee walls at Reserve Avenue Proiect Benefits · Reduction in flood stage or elevation of 1-3 feet for the 100 Year Event, or the storm that has 1% chance to occur any year · Flood protection to the 30 year storm, or the storm with a 3% chance to occur any year · September 2006 Flood benefits were observed · Recreational Trail - Greenway this next project will complete a continuous 5 mile segment of the Roanoke River Greenway · Support for economic development o Biomedical Park on Reserve Avenue o Future Amphitheater site o Synergy - Proximate principle - redevelopment of river front sites Environmentallmoact and Regulatorv Aporovals The Project has been reviewed and approved by many regulatory and environmental agencies that include · US Fish and Wildlife Service · Virginia Game and Inland Fisheries · Department of Environmental Quality · Department of Conservation and Recreation · Department of Historic Resources · City of Roanoke · Corps of Engineers This process assessed the impact to riparian environment, endangered species and approved several project elements to mitigate the project impact. The impact of the project will be studied for 10 years following the; Project's completion. Wilev Drive Closure · The portion to be closed is between the Main Street Bridge (Wasena) and the upper trailhead parking lot · Closure by Barricade is the term applied to a street closure when the roadway will be removed from public use but the City will retain ownership of the underlying real estate · Public hearing is to consider whether the segment of Wiley Drive , should be closed. One could conclude that by other actions of previous Councils the road cannot remain in its c.urrent location and support the proposed bench cut. If it is decided the road provides an valuable function for the community, then we need to consider what other route might it take to serve than transportation function · The closure is required for implementation of the proposed bench cuts for which a contract has been awarded by the Corps of Engineers · Removal of the roadway removes more than 1 acre of asphalt and impervious surface - note the road provides no transportation benefit · Trees are impacted by the bench cut excavation. We estimate that a maximum approximately 170 trees will be removed. This is any tree larger than 4" caliper. More than 300 trees are being planted. We will see a net increase in tree canopy at maturity · Large mature trees - we will minimize the impact whenever possible. We will leave a buffer area along the river. We estimate about 7 large trees on the park side of the road and about 1 5 on the river side will be removed. Access to Park Facilities · Two Park Shelters, two baseball fields, tennis courts, skate park, basketball court and walking trail. The Proximity of the park features to all facilities will not change or will be improved with the exception of one shelter. This shelter will require about a 580 foot walk compared to 25 feet currently. · All of the recreation trail meets the requirements for ADA accessibility Low Water Bridges at Smith Park · Replacement was included in the original plans; however, the LCA noted they were at 100% local costs. The low water bridges had little effect on flood stage because the are inundated by 1-2 year storm events · Staff is working with USFWS and USDA to obtain grant funding to replace the upper low water bridge due to is obstruction to navigation and fish passage · We are also working with WVWA, COE, USFWS to remove the "dam" at Wasena PRESENTATIONS AND ACKNOWLEDGEMENTS: Winners of the 3rd Annual Fire Prevention Week Art Contest. Attending: (See below) Thank you both so much - here are the winners: \Ni:ii:1da SGf;lumgi~e(. Wanaa Sph.ur:D.~ker~: Chaunte' Nohelani LePage Janna Croy Griffin Davidson Ta lor Woodson. Stephanie House Niamke Gradaih\Q6ut:t. 8 Madison 8 Ruffner 6 Woodrow Wilson 9 RoaTecl:1 . 12 RoaTech Here are phonetic pronunciations for those that may be difficult: Jah-mar Carter Mar-Ien Es-peeno Man-eye-ah Gunn Eh-Iee-sa Miller Shon-tay Noheelanee Leh-Page Stephanie House Neye-am-kee I will invite the students. their parents and their teachers. I'll also have their artwork for displav. Tiffany _,c' " Offlee oj~ the ~vIayor CITY OF WHEREAS, chess is an ancient and noble game whose antiquity spans the centuries, is played by more than 15,000 people throughout the Roanoke Valley, sharpens mental focus, improves concentration, and encourages a spirit of friendly and spirited competition; and WHEREAS, the Roanoke Valley Chess Club is the longest continuously-running chess club in the Commonwealth of Virginia, having been organized in 1947, has operated with a non-discrimination, open-door policy to the public since its inception and has enjoyed a long and fruitful partnership with the City of Roanoke and the City Department of Parks and Recreation, and provides recreational benefits to the citizens of the City of Roanoke at no or very minimal cost; and WHEREAS, this remarkable record of volunteer commitment and endurance eclipses the best efforts of such major population centers as Northern Virginia, Tidewater and Richmond; and WHEREAS, officers of the Chess Club are comprised of volunteers who have never received monetary payment for services, and the benefits of chess play are particularly appreciated by City teenagers as a wholesome recreational activity; and WHEREAS, the Chess Club has been an economic contributor of over $50,000.00 in revenue to City of Roanoke restaurants, gas stations, coffee shops, etc., since its 50-year anniversary declaration in 1997; and WHEREAS, the Roanoke Valley Chess Club will celebrate its 6rf' Anniversary during the month of November 2007. NOW, THEREFORE, 1, C. Nelson Harris, Mayor of the City of Roanoke, Virginia, recognize and commend the volunteer officers, members, and numerous patrons for the many years of dedicated service to the game of chess, and do hereby proclaim November 19, 2007, throughout this great All-America City, as ROANOKE VALLEY CHESS CLUB DAY. Given under our hands and the Seal of the City of Roanoke this sixteenth day of November in the year two thousand and seven. Stephanie M Moon City Clerk C. Nelson Harris Mayor ATTEST: CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov STEPHANIE M. MOON, CMC City Clerk November 20, 2007 Ms. Susanne D. Helbig 130 Scruggs Road, Suite 206 Moneta, Virginia 24121 Dear Ms. Helbig: SHEILA N. HARTMAN, CMC Deputy City Clerk CECELlA R. TYREE Assistant Deputy City Clerk I am enclosing copy of Ordinance No.. 37957-111907 rezoning certain properties located at 501 and 521 Salem Avenue, S.W., bearing Official Tax Nos. 1111305, 1111307, 1111312, and 1111315, from 1-1, Industrial District, to D, Downtown District, for the purpose of developing the property for' multifamily dwellings; subject to certain proffered conditions, as set forth in the Application for Conditional Rezoning - Amended Application No. 1 filed in the Office of the Department of Planning Building and Development on October 19, 2007, and dispensing with the second reading by title of this ordinance. ( The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 19, 2007, and is in full force and effect upon its passage. Sincerely, ~'rYl.~ Stephanie M. Moon, CMC City Clerk SMM:ew Enclosure Ms. Susanne D. Helbig November 20, 2.007 Pag e 2 pc: Mr. Leo D. Williams, 5285 Glenvar Heights Boulevard, Salem, Virginia 24153 Mr~ Phillip George, Jr., 430 Salem Avenue, S. W., Roanoke, Virginia 24016 ( Mr. Timothy Migliarese, ETALS, 523 Norfolk Avenue, S. W., Roanoke, Virginia 24016 TBL Properties, LLC, P. O. Box 131, Burlington, North Carolina 27216 Overington Graphics, Inc., 534 Salem Avenue, S. W., Roanoke, Virginia 24016 Mr. James Harman, 5220 Roselawn Road, S. W., Roanoke, Virginia 24018 VJ Enterprises, LLC, 1935 Hope Road, S. W., Roanoke, Virginia 24018 Mr. and Mrs. Emmett L. Leonard, 1913 Greenwood Road, S. W., Roanoke, Virginia 24016 Beverly T. Fitzpatrick, Jr., Executive Director, Virginia Museum of Transportation, 303 Norfolk Avenue, S. W., Roanoke, Virginia 24011 Steven J. Talevi, Assistant City Attorney Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer Martha P. Franklin; Secretary, City Planning Commission s~{ d/({b1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of November, 2007. No. 37957-111907. AN ORDINANCE to amend 936.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone properties located at 501 and 521 Salem Avenue, S.W., identified by Official Tax Nos. 1111305, 1111307, 1111312, and 1111315, from I-I, Indust~al District, to D, Downtown District, subject to certain proffers; and dispensing with the second reading by title of this ordinance. WHEREAS, Susanne D. Helbig has made application to the Council of the City . of Roanoke, Virginia ("City Council"), to have the hereinafter described property rezoned from I-I, Industrial District, to D, Downtown District, for the purpose of developing the property for multifamily dwellings, subject to certain proffers; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by 936.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its ,recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on November 19,2007, after due and timely notice thereof as required by 936.2- 540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, City Council,. after considering the aforesaid application; the recommendation made to City Council by the Planning Commission, the City's O-Helbig, Susanne - Rezone with proffers 11-19-07 Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare, and good zoning practice require the rezoning of the subject property, <:md for those reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. 936.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to rezone certain properties located at 501 and 521 Salem Avenue, S.W., bearing Official Tax Nos. 1111305,1111307, 1111312, and 1111315, from I-I, Industrial District, to D, Downtown District, for the purpose of developing the property for multifamily dwellings, subject to certain proffered conditions, as set forth in the Application for Conditional Rezoning - Amended Application No. 1 of Susanne D. Helbig, filed in the Office of the Department of Planning Building and Economic Development on October 19,2007. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. m. \..OCW O-Helbig, Susanne - Rezone with proffers 11-19-07 / CITY OF ROANOKE PLANNING BUILDING & ECONOMIC DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning@roanokeva.gov Architectural Review Board Board of Zoning Appeals Planning Commission November 19, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred 1. Dowe, Jr., Council Member Honorable Beverly 1. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: .'J Request from Susanne D. Helbig to rezone properties located at 501 and 521 Salem Avenue, S.W., bearing Official Tax Nos. 1111305, 1111307, 1111312 and 1111315, from 1- 1, Industrial District, to D, Downtown District, for the purpose . of developing the property for multifamily dwellings, subject to certain conditions proffered by the applicant. Planning Commission Action: Planning Commission public hearing was held on Friday, October 19, 2007. After presentation from the applicant's representative, Wendy Boggs, the Commission considered public comment. Mr. Frank Caldwell (614 Norfolk Avenue, S.W.) appeared before the Commission and expressed his concern about locating the residential use next to his concrete company and the rail yard. Mr. Caldwell's concerns are outlined later in this report. An Amended Application NO.1 was filed on October 19, 2007. Bya vote of 7-0, the Commission recommended that City Council approve the request as set out in Amended Application NO.1. Recommendation Bya vote of 7-0, the Commission recommended that City Council approve the request. The Commission finds the application to rezone the subject properties to be consistent with the City's Zoning Ordinance, Vision 2001-2020, the Hurt Park/Mountain View/ West End Neighborhood Plan and the Outlook Roanoke Update. The application ensures the adaptive reuse of four historic buildings, adding to the vitality of Downtown. Members of City Council Page 2 November 19, 2007 Respectfully submitted, l ~~ Henry Scholz, Chairman City Planning Commission cc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney R. Brian Townsend, Assistant City Manager Steven J. Talevi, Assistant City Attorney Applicant " 'j' Members of City Council Page 3 November 19, 2007 Application Information Request: Rezoning Applicant: Mansions Square Condominium, LLC Representative: Susanne D. Helbig City Staff Person: Maribeth B. Mills Site Address/Location: 501 & 521 Salem Avenue S.W. Official Tax Nos.: 1111305,1111307,1111312,1111315 Site Area: 1 .7 Acres Total Existing Zoning: 1-1, Light Industrial District Proposed Zoning: D, Downtown District with conditions Existing Land Use: Vacant Proposed Land Use: Dwelling, Multifamily ~ Neighborhood Plan: Hurt Park/Mountain View/West End Neighborhood Plan Specified Future Land Industrial Use: Filing Date: Original Application: September 5, 2007; Amended Application NO.1: October 19, 2007 Background The applicant is requesting to rezone the subject properties from 1-1, Light Industrial District, to D, Downtown District with conditions, to allow the use of four (4) existing buildings as multifamily dwelling units. The applicant is planning a maximum of forty (40) condominium units of varying size, each with assigned parkir:Jg located underground, within converted loading bays or on surface lots located to the side and rear of the principal buildings. These buildings have been vacant for approximately ten (10) years according to the applicant. All four buildings are contributing structures to the Salem Avenue/Roanoke Automotive Commercial Historic District which is listed on both the National Register of Historic Places and the Virginia Landmarks Register. Conditions Proffered by the Applicant The applicant requests that the following proffers be adopted as they relate to Official Tax Nos. 1111305, 1111307, 1111312, 1111315: 1. The development shall not have more than 40 residential units. 2. A fence of brick and metal construction shall be erected around the surface parking lot at the corner of 5th Street and Norfolk Avenue, S.W. (Official Tax No. 1111315), as shown on the Concept Plan prepared by Hill Studio, dated September 5,2007. 3. The four existing buildings as identified as "Existing Building 1 ", "Existing Building 2", "Existing Building 3", and "Existing Building 4" on the Concept Plan prepared by Hill Studio, dated September 5, 2007 shall be retained Members of City Council , Page 4 November 19, 2007 with the exception of those portions of Building 1 and Building 2 delineated on the Concept Plan as "structure to be removed". Considerations Surroundinq Zoninq and Land Use: Zoning District North 1-1, Light Industrial South 1-1, Light Industrial East D, Downtown West 1-1, Light Industrial Land Use Manufacturing: Steel or metal production, fabrication, or processin Advanced Metal Finishin . Motor vehicle sales and service establishment, used (Valley Motor Company) and vacant commercial buildin s. Motor vehicle repair or service establishment Hannabass & Rowe Auto Bod . Vacant commercial building (used for parking of cement trucks by Chandler Concrete). Compliance with the Zoninq Ordinance: The purpose of the Downtown District is to facilitate pedestrian ways, encourage economic vitality, protect historic buildings, promote activity and provide space for a variety of high density uses. Rezoning the subject properties with limited conditions allows for a flexible use of the space that will. promote activity and reinvestment. Even though the applicant has stated the intended use of the buildings is multifamily, an approximate total of sixty (60) by-right uses would be available. Despite the fact that this is a slightly smaller number than that permitted in the 1-1 District, the uses allowed would be better suited for the configuration of the existing structures and surrounding street system. All components of the development including dimensional standards, parking, lighting, landscaping, buffer yards and signage will be required to meet the regulations of the Zoning Ordinance during the comprehensive plan review process. Conformity with the Comprehensive Plan and Neiqhborhood Plan: Roanoke is a city of neighborhoods, each containing areas to live, work, shop and play. Downtown is often characterized as Roanoke's premier urban village. However, until recently, one of the major components of a village was lacking- housing. Roanoke has seen increased investment in properties for residential purposes west of Market Square. This trend is giving new life to historic structures, encouraging multimodal transportation and improving safety due to activity on the streets at all hours of the day. The City's Comprehensive Plan, Vision 2001-2020, and the Jefferson Center Initiative of the Outlook Roanoke Members of City Council , Page 5 November 19, 2007 Update encourages the inclu'sion of living space into Downtown through the adaptive reuse of vacant or underutilized industrial buildings. The West End Neighborhood is ripe for this type of adaptive reuse. Many of its industrial buildings are quickly deteriorating, earning it a 'Conservation Area' designation by the Roanoke Redevelopment and Housing Authority. Reinvestment in this area of the City is critical to the success of Downtown and the preservation of a historically significant neighborhood. However, it is unlikely that industries will ever fully return to this area. The Neighborhood Plan even states that "the amount of land zoned for industrial use in the area is sufficient and possibly even unnecessary in a few transitional areas." Therefore, rezoning the subject properties to Downtown District is a necessary step in this neighborhood's revitalization. The following policies of Vision 2001-2020 are relevant in the consideration of this application: . NH P4. Downtown Neighborhood. Downtown will be developed as Roanoke's premier urban village with a mix of high-density residential, commercial, retail uses and live/work space. . EC P6. Cultural and historic resources. Roanoke will support, develop, and promote its cultural resources. Roanoke will identify, preserve, and protect its historic districts, landmark features, historic structures, and archaeological sites. . ED P3. Downtown. Downtown will continue to serve as the region's central business district with opportunities for downtown living, office space, retail, and cultural and entertainment attractions. The following policies of the Hurt Park/Mountain View/West End Neighborhood Plan are relevant in the consideration of this application: . Residential Development Policies a. Home Ownership: Encourage more home ownership in the neighborhood. . b. Diversity of Housing Options: Hurt Park, Mountain View and West End should have a balance of single and multifamily housing. Given the current housing stock, development of more multifamily low- income housing should be discouraged. . Economic Development Policies a. Connectivity: The neighborhood should connect seamlessly to its surrounding areas qnd complement them. Development of the Jefferson Center/West End area should be done in accordance with the Outlook Roanoke (Downtown) and Old Southwest Neighborhood Plans. " Members of City Council Page 6 November 19, 2007 Conformity with Vision 2001-2020's Design Principles: Design Principles: Application's Conformity: Maximum site development should be The applicant will be limited to 40 permitted. residential units and working within the confines of the existing structures, however, all uses permitted in the Downtown District are available and the applicant is not restricted in their abilitv to increase the buildinq's height. On-street parking should be reserved Long-term parking will be located for short-term visitors. Long-term underground, in converted loading parking should be concentrated in bays or on limited surface lots to the parking structures or to the side or rear rear and side of the principal buildings. of principal buildings. Surface parking On-street parking and portions of the should be minimized. surface lots will be reserved for visitors. Recognized historic buildings should All four buildings are listed as be preserved. contributing structures to the Salem Avenue/Roanoke Automotive Commercial District. The applicant has proffered to retain all buildinqs. Building location and design should be As the existing buildings do not extend considered as important elements of to the corner of 5th Street and Norfolk the streetscape and should be used to Avenue, the applicant has proffered a define the street corridor as a public fence of brick and metal construction to place, especially at major intersections. better define the corner. City Department Comments: The City's Manager of Transportation had the following comments on the subject application: 1. Curb, gutter and sidewalk will have to be installed along Salem Avenue S.W., 5th Street S.W. and Norfolk Avenue S.W. where existing infrastructure is insufficient or where an existing curb cut will no longer be in use. 2. A sidewalk measuring three (3) feet in width can be accommodated along Norfolk Avenue S.W. from 5th Street S.W. to the western end of Building No.2, leaving twenty-one (21) feet of asphalt. Past this point, there is sufficient room to construct a five (5) foot sidewalk. 3. The dumpster as shown on the Concept Plan must be relocated. In its current location, trucks would have to block the right-of-way to service the dumpster. v Members of City Council Page 7 November 19, 2007 The applicant will be required to address these items during the comprehensive site plan review. Public Comments: Staff has not received any public comment on this application. Planninq Commission Public Hearinq: During the Planning Commission's public hearing on October 19, 2007, the following issues were discussed: 1. The Planning Commission inquired about opportunities for greenspace or landscaping in the project. The applicant replied that landscaping was extremely important to the project and a landscaping plan was being.. developed. 2. The Planning Commission stated that this was an opportunity for streetscape improvements and for City Traffic and Planning Divisions to be proactive in building a space for street trees since changes in the public right-of-way would be required. 3. Mr. Frank Caldwell, the manager for Chandler Concrete located at 614 Norfolk Avenue, appeared before the Commission and said that he managed the concrete company that adjoined the site in question. Chandler Concrete operates a ready mix concrete plant facility on Norfolk Avenue, including a parcel immediately adjacent to the applicant's ,properties. He said that if the property was rezoned, there would be a residential use right in the middle of an industrial area and expressed concern that there could be a future noise ordinance that would not allow him to run his business at certain hours (Chandler Concrete currently operates up to 24-hours per day). Mr. Caldwell also stated that he would not want to see the width of Norfolk Avenue decreased because of sidewalks and landscaping. He said it was a public safety and liability issue with his large trucks and other traffic in the area. He said there was a potential for accidents if the road was narrowed. The Commission advised Mr. Caldwell to address Council with his concern. APPLICATION CONDITIONAL REZONING Date: October 18, 2007 \ To: The Honorable Mayor and Members of City Council c/o Department of Planning Building and Economic Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Phone: (540) 853-1730 Fax: (540) 853-1230 All submittals mU$t be typed, include all required documentation and a checlJ for the filing fee. Application is hereby submitted for conditional rezoning for the property located at: Property Address(es): 501 and 521 Salem Avenue, SW Official Tax No(s): 1111305, 1111307, 1111312, 1111315 Existing Zoning: I - 1 Requested Conditional Zoning: D Propose~ Land Use: Dwelling Multi - Family Name ofApplical'ltlContact.P~rson:' Su~anne D. ,Helbig . ...... '...' (pendinQ registratiol1- M~f'1,~i8n~qu~re ~ond()miniurn,Ass()ciates, . LLC) M~il.ing'A~dre$s: .13Q$(:rugg~..~oad; Suit~?96(Mqneta, VA 24121 ... , '.~.-' . _~, .. ,< _,' .... ...0 ,'"'''' .." ",: _' :....... .. .." .... " " ' -,-,','", .. '\" .. . . , Telep~()n~:(540 ) 721-0005 ...... ',,0' '_", ,,_ '_'0 ,',,',........ . _ " ,',0" .. _.' .. '". _', ,....,..-..- .. . . " , . . E-ma!1: .gEme~iSmansionslt(L@msn.com Applicanfs signature:. Property Owner's Name: Susanl1e D, Helbig (pending deed transfer - Mansion Square Condominium Associates,. LLC) Mailing Address: 130 Scruggs Road, Suite 206, Moneta, VA 24121 Property Owner's signature: 6 E-mail: helbigsd@msn.com Telephone: (540) 721-0005 r Susanne D. Helbig 130 Scruggs Road, Suite 206 - Moneta, Virginia 24121 TEL: (540) 721-0005 - Fax (540) 721-0006 Email: helbi2sd(Q).msn.com October 18, 2007 The Honorable Mayor and M~mbers of City Council C/o Department of Planning Building and Economic Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, SW Roanoke, Virginia 24011 RE: 501 and 521 Salem Avenue, Roanoke, Virginia Tax #s 1111305/1111307 /1111312/1111315 Conditional Rezoning Application Applicant's Report Honorable Mayor C. Nelson Harris and Members of City Council: \ The above referenced property consists of four buildings, approximately 50,000 square feet, 1.7 acres and is known by most Roanokers as the Kroger Bakery on the comer of 5th and Salem Avenue. This property has not been in use or occupied for well over ten years. The purpose of this conditional re-zoning request is to be able to convert the existing buildings into a maximum of 40 luxury condominiums, varying in size, each unique in character and lay-out. Each unit will have private and! or assigned parking. We feel this request is in compliance with the Comprehensive Plan, the rejuvenation of this part of downtown will be to the public's benefit, since most of the neighboring properties are retail or service oriented. On the attached (Exhibit 3) take note that the buildings have been numbered I through 4, to make reference explanations easier to follow. The two-story building on the comer of 5th and Salem Avenue is Building 1; the next building, with the round roof on Salem Avenue is Building 2; followed by a square addition on Salem Avenue - Building 3 and the last square addition on Salem Avenue is Building 4. Building 1 and 2 are planned to have underground parking on the lower level in Building 1. A curb cut is in existence from Norfolk Avenue to a previously existing parking lot on the comer of 5th and Norfolk. Building 3 will have private, gated parking on the backside of the building entering from Norfolk Avenue; this was previously used for access to loading docks of this building and has no curb. Building 4 will have parking on the side of the building facing the adjoining property on Salem A venue, since this area was also utilized to access loading docks no curbs are in existence there either. The period and style of building 1 is reminiscent of the Art Deco / Art Nouveau era of the 1920's, the subsequent additions are purely functional and do not exhibit any particular style. As far as we can research the mayor construction of this property was between 1899 and 1926, with the last addition to be guessed in the 1970's. It is our intent to consolidate the entire property as one and incorporate the more distinguishable style into the project. We would refer to the end result as "understated glamour", with brick and wrought iron being the predominant materials of choice, alternate materials, such as Dryvit maybe used to add some ornamental interest, which will unify the buildings and cover certain not esthetically pleasing cinderblock wall sections. We intend to maintain the footprint of the building as it exists, with modification only due to the change in use, such as adding covered parking (carport style) to the side of building 4. Along the property line (see Exhibit # 3) we wish to construct a brick wall (approx. 3ft. high) with brick columns (approx. 8ft. high, every 10ft.) and decorative wrought iron section inserts. These wrought iron sections are to be repeated through out the project - on gates and door ways - to once again emphasize the unification of the buildings. Access to the parking areas is gained only by automated security gates. Two large ones for Buildings 1 and 2 underground parking and Building4's side parking area, Building 3 will have either individual gates (for the units within the dock area) or individual garage doors (which are already in existence - for two planned units). Visitors have the choice of utilizing the visitors parking section on the comer of 5th and Norfolk for Buildings 1 and 2, park at the recessed individual gates of Building 3, use the open visitor parking area on the Norfolk Avenue side of Building 4 or use available street parking. According to the plat admitted to record on October 17,2005,9'7" of the side walk on the Salem A venue side of Building 1 belongs to the property. We would like to install the brick and wrought iron fence with gate on the property iine in front of Building 1 to create a more formal Main Entrance. The original portion of Building 1 has brick columns ' from street level to rooftop, completing the column design on the remainder of the building, removing the blocks and restoring the original window and door openings in Building 1, adding crossheads and key stones, will revitalize the fa9~de and bring the building back to life. The style should be continued on Buildings 2, 3 and 4 in addition to adding openings to accommodate the intended use as well as for ingress and egress purposes. Presently we are consulting with architects and engineers regarding the possibilities of adding a penthouse level to the structure with roof gardens and terraces. Should this be possible we would raise the building height by one floor and the height of a modified roof structure. The maximum total' building height would not exceed 60 feet. Building 2 has several small room additions on the Norfolk Avenue side of the building; we plan to remove two of them (as noted on the Concept Plan prepared by Hill Studio dated September 5, 2007)The intend is to create a private, recreational area screened from view of passing traffic and restricted only to residents and guests. Additionally this small modification will create more parking and an enclosed waste area, convenient to all residents. Weare very excited about this project and look forward to creating an exceptipnal space of which everyone involved can be proud. 7tt~ e D. Helbig age Mansion quare Condominium Associates, LLC (Certifi te of incorporation pending) . Attachments PROFFERS CONDITIONAL REZONING Date: ~ October 18, 2007 To: Department of Planning Building and Economic Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Phone: (540) 853-1730 Fax: (540) 853-1230 Original: Amended: _X_ ( must attach a copy of existing proffers) Name of Applicant/Contact Person: n 0 I ~uare Condominium Associates, LLC u e .JHelbig, Manager inium Associates, LLC - Susanne D: Helbig /~ Applicant's signature: Property Owner's Name: Property Owner's signature: Pursuant to the Section 36.2-541(c)(1), the owner(s) or duly authorized agent hereby voluntarily proffers the following conditions which shall be applicable to the property, if rezoned: 1.- The development shall not have more than 40 residential units. 2.- A fence of brick and metal construction shall be erected around the surface parking lot at the corner of 5th Street and Norfolk Avenue, SW (Official Tax No. 1111315), as shown on the Concept Plan prepared by Hill Studio, dated September 5,2007. 3.- The four existing buildings identified as "Existing Building 1", "Existing Building 2", "Existing Building 3", and "Existing Building 4" on the Concept Plan prepared by Hill Studio, dated September 5, 2007 shall be retained with the exception of those portions of Building 1 and Building 2 delineated on the Concept Plan as "structure to be removed". 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Exhibit 2 Attachment to: } Conditional Re-zonlng Application 501 Salem Avenue Adi2lning ProDerty Owners Information Salem Avenue , , ~ ~ P,Q. Box 1~L. Burlin9ton. ~C 2721ti Tax 1,0#5 1~11920' ~:I.,JI90~ ~n9ton GraDb,ics Inc. ~~4 Salem Ave. SW. Roanoke. VA. 24016 -t- ~ Jam~5. Harman . . ~o5elawn Rd SW, Roanoke VA. 2~ ~ V. J ~o~erDrI5e5 '-LC li35 "oDe Rd., Roanoke VA. ~4QJ.e Tax ID#'5 1j119:1.,6, 1J.~~917. 1:1.,11~1~. 111ln9. Emmett '" . N~We Q. Leonarc( ~ Greenwood RD. SW. Roanoke VA. 24Q1~ Tax ID# 1010601 Pl}lIIp Georqe Jr. 4aO Salem Ave. SW. Roanoke VA. 240;1.6 5th Street Jax ID#1010.llA ~ Norfolk Avenue Tax 10#1110713 City of Roanoke Virainia 215 Church:Ave. SW RM 250 Roanoke, VA. 24011. , Tax 10#'5 1110712, 1110711, 1110710, 1110709, 1110708" 1110707,1110706,1110705,1110704,1110703 Timothy Migliarese ETALS 523 NOrfQlk Ave. SW, Roanoke, VA. 24016 \ \ -.... }~., .' ,- ./" i"IO:J:JdN30SWnl@l1Wl '11VW-3 iLO.Z VINI~~,^ 'D10NVO~ S....6-ZLlI~Sl 'XV~ 6990Z XOi 'O'd L I......Ll (~S) '3NOHd MS 'mN'lAV N01319YMJ9 .99. VINIDl.IlA '3)lONVOl.l SlIaNNV1d-SlI0A.:mmS-SlI3aNIDN3 '~)'d 'S3.L VIJOSSV N30SWfl1 cj ll. ~ 1- a~WI' i liS I hh;~I;:h;~i:rUi e".n ~<l ~IBB8~..tll:l~Dm cD ~ ~~\fY ~!, l. . . .:::::::::::-!!- lii 5th STREET. S.ll'. ! I ! Wi I i 5b J) ., '.. .f"'N .d .J ~ ~I~I ~ g~ ~ I s~~ ~~I,:. ~ .i:~' ~ 't.'.' '!.' .- ''',1 ~ . U '" u !il ~ . ~ c ~~ ~j 11) .x ,~ ~!f ~~ 'a~1 Ild'unoJ.I't-...qL~t:gO .0Il".1 Ht-so ) Soll~'tLJ~ . t:l <:I Ili~ ~3; ::>~ ~'" iII~ ~~ lil'" ~~ "', ~~ """, ~O U~ ~~ ~~ "'0 ~~ ~~ ~ ... rtl~ II ~~ tr.I ~ ~ I-( E9 ::r:: ~ 'Imla ~ ~ "OfiI'fIJIIOO .. CS""" ~WG i ~ ~ ll. "" ~~ !If - '" r^ ~~ ~ t3 ~ VJ ).. ~ oj ~ ~~!:i t3~a ~~ ~ ~ ~ 0:: !5~~ f'o;:l:!! ",,' .l:!i ~~ ~ii.~~~~~;~~ ili ~~OI5::;j~, ",1:!!0lJ;i ......... C"'....O"I't:l,co,<:I'" "'l ~...... O:::i3~ O~~50 l1. ~ ~ii.~ l1.tI) ~~oj "'~~ ."'<<5 ~ e.~~!il ~ ~"i' ~ ~ ::~ I't:ltl) ~ lii...J Fl ~Qj ~ '" ~ ill .1 Ii 11iI~ ill..~ R tc I I i~ i ~~ ~ .~iII 13 -&; :! slS~l~.. ; !Ill;'" ~i5 ~.. !I<III ~I ~:: ilrl!bl il ; l!!l!l!lll!lt ~irLlb !!I~hi Ili!tcli gi ,Ui ~1il!&ii":1 . ig~B iIIlif a.. 1<I1!q1ll~ ~I!l!lI.!.1ll1 B~lil~G~~I~!~ "llAIl....cu.~tvO\Jn.\.l.JC90\900I:\.DUJM. JP\" of' ), " Exhibit 2 Attachment to: Conditional Re-zoning Application 501 Salem Avenue &U2inln9.Prooerty Owners I.nformation Salem Avenue , , ~ IlL Prooerties LLC P.O. Box la~l BurlinGton. NC 27216 Qxldnvton Graob,lcs Inc. Sa4 Salem Ave. SW. Roanoke. VA. 24016 Tax 10#111191Q Jam~s l:Jarman . . 52Z0.BguJawn Rd SW. Roanoke VA. 24018 .-..... Iu..I.IWJ.1Wl y~ En~erorlses J.J"C 1935 Hooe Rd., Roanoke VA. 24018 IB.lP#'s 1:1,119~6, 11;lJ,i17. 111191e, :I,;U.1919 Emmett L ~ Q, Leonant ill3 Greenwood RO. SW-$ Roanoke VA. 2401.5 Tax 10# 1010601 Phlllo Georae Jr. 430 Salem Ave. SW. Roanoke VA. 24016 " 5th Street Tax 10#101JlUA ~ .r Norfolk Avenue Tax 10#1110713 City of Roanoke Virginia 215 Church Ave. SW RM 250 Roanoke, VA. 24011. Tax 10#'5 1110712, 1110711, 111071Q, 1110709, 1110708~ " 1110707,1110706,1110705,1110704,1110703 Timothv Miqliare5e ETALS 523 Norfolk Ave. SW, Roanoke, VA. 24016 II- CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church A venue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853..1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN Assistant City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R. TYREE Assistant Deputy City Clerk ' October 29,2007 Mr. Leo D. Williams Mr. Phillip George, Jr. Mr. Timothy Migliarese, ET ALS TBL Properties LLC Overington Graphics, Inc. Mr. James Harman VJ Enterprises, LLC Mr. and Mrs. Emmett L. Leonard Virginia Museum of Transportation Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, November 19,2007, 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, on the re,quest of Susanne D. Helbig that properties located at 501 and 521 Salem Avenue, S. W., be rezoned from 1-1, Industrial District, to D, Downtown District, subject to certain proffered conditions. This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning, Building and Development at 540-853-1730. If you would like to receive a copy of the report of the City Planning Commission, please call the City Clerk's Office at 540-853-2541. Sincerely, ~~m.~t.u Stephanie M. Moon, CMC City Clerk SMM:ew CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN Assistant City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R. TYREE, Assistant Deputy City Clerk October 29,2007 Ms. Susanne D. Helbig 130 Scruggs Road, Suite 206 Moneta, Virginia 24121 Dear Ms. Helbig: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, November 19,2007, 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., on your request that properties located at 501 and 521 Salem Avenue, S. W., be rezoned from 1-1, Industrial District, to D, Downtown District, subject to certain proffered conditions. For your information, I am enclosing copy of a notice of public hearing. Please review the document and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 540-853-24~1. ' It will be necessary for you, or your representative, to be present at the November 19 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, ~n,.~ Stephanie M. Moon, CMC City Clerk SMM:ew Enclosure NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING COMMISSION TO WHOM IT MAY CONCERN: The City of Roanoke Planning Commission will hold a public hearing on Friday, October 19, 2007, at 1 :30 p.m., or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider the following: Request from Susanne D. Helbig, to rezone properties located at 501 and 521 Salem Avenue, S.W., bearing Official Tax Nos. 1111305,1111307,1111312 and 1111315, from 1-1, Industrial District, to D, Downtown District, for the purpose of developing the property for multifamily dwellings, subject to the following conditions: (1) the maximum number of units will be 40; (2)a brick and metal fence will be erected around the surface parking lot at the corner of 5th Street and Norfolk Avenue, S.W., and (3) that four existing buildings, identified on the concept plan prepared by Hill Studio, will be retained with the exception of those identified for removal. A copy of the application is available for review in the Department of Planning Building and Development, Room 166, Noel C. Taylor Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations for this hearing, please contact the Department of Planning Building and Development at 853-1730 before 12:00 noon on the Tuesday before the date of the hearing listed above. Martha P. Franklin, Secretary City Planning Commission Please print in newspaper on Tuesday, October 2 and 9, 2007. Please bill: Susanne D. Helbig 130 Scruggs Road, Suite 206 Moneta, VA 24121 (540) 721-0005 Please send affidavit of publication to: Martha Franklin Planning Building and Economic Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-1 730 .' AFFIDAVIT PERTAINING TO THE REZONING REQUEST OF: fOI Susanne D. Helbig at ~ and 521 Salem Avenue, S.W., Official Tax Nos. 1111305, 1111307, 1111312, and 1111315 from 1-1 to D, with conditions COMMONWEALTH OF VIRGINIA ) ) TO-WIT: ) CITY OF ROANOKE The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 24th day of September, 2007, notices of a public hearing to be held on the 19th day of October, 2007, on the request captioned above to the owner or agent of the parcels as set out below: Tax No. 1010126 1010601 1110703 through 1110712 1110713 1111316 1111920 1111 909 1111910 1111911 Name. Mailinq Address Leo Williams 5285 Glenvar Heights Blvd Salem, VA 24153 Philip George, Jr. 430 Salem Avenue, SW Roanoke, VA 24016 Timothy Migliarese, et als 523 Norfolk Avenue, SW Roanoke, VA 24016 City of Roanoke TBL Properties, LLC POBox 131 Burlington, NC 27216 Overington Graphics, Inc. 534 Salem Avenue, SW Roanoke; VA 24016 James K. Harman 5220. Roselawn Road Roanoke, VA 24018 VJ Enterprises, LLC 1935 Hope Road Roanoke, VA 24018 '-~ ~ 1010142 VA Museum of Transportation 303 Norfolk Avenue, SW Roanoke, VA 24011 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 24th day of September, 2007. Notary Public My Commission Expires: The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - --- HELBIG, SUSANNE D. 130 SCRUGGS ROAD, SUITE 206 MONETA VA 24121 NOTICE OF PUBLIC ' HEARING REFERENCE: 80155772 10582038 Notice of PH Salem The, Council of. the City of Roanoke will hold a public hearing on Monday; November 19, 2007, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Cha'mber, fourth floor.. in the Noel C. Taylor Municipal Buildiilg. 215 Church Avenue, S.W., Roanoke, Virginia; to consider the following:, Request from Susanne D, Helbig to rezone properties located at 501 and 521 Salem Avenue, S.W.. bearing I Officlal'Tax Nos. ,1111305, , 1111307, 111t312, and' 1111315, from 1-1" Industrial District, to D, , Downtown District, for the i purpose of developing the property for multifamily dwellings, subject to the following conditions: (1) the maximum number of units will be 40; (2) a brick arid metal fence will be erected around the surface parking lot at the corner of 5th Street and Norfolk Avenue, S.W., and (3) that four existing buildings, identified on the concept plan dated September 5, 2007,. prepared by Hili Studio, will, be retained with the exception of those portions of buildings 1 anil 2 identified for removal. A.copy'of the application is available for review in the Office of the City Clerk', Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S:W., Roanoke, Virginia. ' All parties in interest and citlzens'may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office', at 853-2541, before noon, on Thursday, November 15, 2007. GIVEN under my hand.this' 30th day of October, 2007 Stephanie M. Moon, CMC, City Clerk 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 Vir9ini~, do certify that the annexed notice was p u,b J i 3 hed ins aid new spa per son t he f 0 11 0 win g da. t'es.: . City/County of Roanoke, Commonwealth/State of 'Virginia. Sworn and subscribed before me this _J2_~__day of November 2007. Witness my hand and official seal. ___.K~_~._&~_b_________ Not a ry publ i c My commiss1'on expires __Cl~1..f.h_~~_c:?l!?JL____. PUBL1SHED ON: 11/02 11/09 \\III""'f,. ,\\ 'oJ 8 I" ,,\\ Y;,~ 1.:.. f~l.c ""; ~' ~,""NOTARY"'~~ ;;.... = ~.. PUBLIC ". ~ ~ : * : REG. #272916 ': * -: ;. C':' MY COMMISSION .: "'l:' ~ ~ 0. ". EXPIRES : ~ ~ ":... ~-"'" 3/31/~!l.'~~ ~ .. '~"" " . '" ... " vIVIA:........ ~,,' ' 'I, yvEALTI1 \)\; ,\\ """"1\\1\\\' (10582038) TOTAL COST: FILED ON: 432.00 11/09/07 - - .. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + - - - - - - - - - - - - - - .. - - - ,- - - - - - Authorized ~ .J... 1r L~: J _ ~ IA/I A . signature'___f~~_~~I~__' Billing Service~ Representative --l -=: ("*":. r- I'T1 ~ ... .s) -.J .- g -=..- I--"- cr', -0 :::s: ':~I L..J I':'::" Ul s~~\o~ O}~ ~' l/ NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Monday, November 19, 2007, at 7:00 p.m., or as soon thereafter as the matter maybe heard, in the Council Chamber, fourth floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider the following: Request from Susanne D. Helbig to rezone properties located at 501 and 521 Salem Avenue, S.W., bearing Official Tax Nos. 1111305, 1111307, 1111312, and 1111315, from 1-1, Industrial District, to D, Downtown District, for the purpose of developing the property for multifamily dwellings, subject to the following conditions: (1) the maximum number of units will be 40; (2) a brick and metal fence will be erected around the surface parking lot at the comer of 5th Street and Norfolk Avenue, S.W., and (3) that four existing buildings, identified on the concept plan dated September 5,2007, prepared by Hill Studio, will be retained with the exception of those portions of buildings 1 and 2 identified for removal. A copy of the application is available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at 853-2541, before noon on Thursday, November 15,2007. GIVEN under my hand this 30th day of October ,2007. Stephanie M. Moon, CMC, City Clerk N-Helbig, Susanne - rezone 11-19-07 Notice to Publisher: Publish in the Roanoke Times once on Friday, November 2,2007 and November 9, 2007. Send affidavit to: Stephanie M. Moon, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 Send bill to: Susanne D. Helbig 130 Scruggs Road, Suite 206 Moneta, Virginia 24121 (540) 721-0005 CITY OF ROANOKE . OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011~1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELlA R. TYREE Assistant Deputy City Clerk November 20, 2007 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 37958-111907 permanently vacating, discontinuing and closing 5,538 square ~eet of public right-of-way at the intersection of Patton Avenue and Gainsboro Road, N. W., and dispensing with the second reading by title of this ordinance. I I The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on MQnday, November 19, 2007, and is in full force and effect upon its passage. Sincerely, m.~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment Darlene L. Burcham November 20, 2007 Page 2 pc: Our Lady of the Valley, Int., 3333 Peters Creek Road, N. W., Roanoke, Virginia 24019 Claytor, Inc., 802 Grayson Avenue, N. W., Roanoke, Virginia 24016 Impact Housing Corp., 401 Gainsboro Road, S. W., Roanoke, Virginia 24016 ' Glenda Edwards, Executive Director, Roanoke Redevelopment and Housing Authority, P. O. Box 6359, Roanoke, Virginia 24016 Ms. Helen Davis and Ms. Evelyn Bethel, 35 Patton Avenue, N. E., Roanoke, Virginia 24016 Ms. Margaret Roberts and Ms. Alice Roberts, 411 Gilmer Avenue, N. W., Roanoke, Virginia 24016 Steven J. Talevi, Assistant City Attorney Susan S. Lower, Director, Real Estate Valuation PhilipC. Schirmer, City Engineer Martha P. Franklin, Secretary, City Planning Commission ~~ . C/J-i 'A l\ \ O"<tLi\ ) IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day 'of November, 2007. No. 37958-111907. AN ORDINANCE permanently vacating, discontinuing and closing a portion of a certain public right-of-way in the City of Roanoke, as more particularly described hereinafter; and dispensing with the second reading by title ofthis ordinance. WHEREAS, the City of Roanoke filed an application to the Council of the City of , , Roanoke, Virginia ("City Council"), in accordance with law, requesting City Council to. permanently vacate, discontinue and close a portion of certain public right-of-way described hereinafter; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by ~30-l4, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held on such application by City Council on November 19,2007, after due and timely notice thereof as required by ~30-l4, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of a portion of a certain public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, City Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such portion of a certain public right-of-wa;'::Ili., c: _. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that O-City-close 5,538 ft. - Patton & Gainsboro 11-19-07 5,538 square feet of public right-of-way at the intersection of Patton Avenue, N.W., and Gainsboro Road, N.W., be, -and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as City Council is empowered so to do with respect to the closed portion of a right-of-way, reserving however, to the City of Roanoke and any utility company or public authority, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sanitary sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across such street and public right-of- way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described portion of a 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 dispose of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. /1 O-City-c1ose 5,538 ft. - Patton & Gainsboro 11-19-07 BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the applicant, 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 fot the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of twelve (12) months from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further' action by City Council being necessary. BE IT FINALLY ORDAINED that pursuant to the provisions of 912 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~rn.fh1W City Clerk. [ O-City-close 5,538 ft. - Patton & Gainsboro 11-19-07 CITY OF ROANOKE PLANNING BUILDING & ECONOMIC DEVELOPMENT 215 Church Avenue, S;W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning@roanokeva.gov November 19, 2007 Architectural Review Board Board of Zoning Appeals Planning Commission Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Request from the City of Roanoke to permanently vacate, discontinue and close 5,538 feet of public right-of-way at the intersection of Patton Avenue, N.W., and Gainsboro Road, N.W. Planning Commission Action: Planning Commission public hearing was held on Friday, October 19,2007. There was no one present to speak for or against the request. By a vote of 6-0 (Mr. Manetta absent for the vote), the Commission recommended that City Council approve the requested closure. Recommendation: By a vote of 6-0, the Planning Commission recommends that City Council approve the request to vacate the subject portion of right-of-way. Granting the request will simply add land to the Gainsboro Library property while having no impact on the streets or access to them. Section 30-14 (5) of the Code of the City of Roanoke states the following standards for street and alley vacation requests: "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." Members of City Council Page 2 November 19, 2007 A. The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Such plat shall combine all properties which would otherwise dispose of the land within the right-of-way to be vacated in a manner consistent,with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right-of-way, including the right of ingress and egress. B. Upon meeting all other conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. C. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the I applicant shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. D. If the'above conditions have not been met within a period of one year 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. Respectfully submitted, ~~ Henry Scholz, Chairman City Planning Commission cc: Darlene L. Burcham, City Manager R. Brian Townsend, Assistant City Manager Steven J. Talevi, Assistant City Attorney Charles Anderson, Project Manager " Members of City Council Page 3 November 19, 2007 Application Information Request: Vacation of a portion of Gainsboro Road and Patton Ave, N.W. Owner! Applicant: City of Roanoke Representative: Charles Anderson, Engineering City Staff Person: Frederick Gusler Site Address/Location: 15 Patton Ave, N.W. Official Tax Nos.: 2011002 Site Area: 15,004 square feet + 5,538 s.f. of right-of-way Existing Zoning: CN, NeiQhborhood Commercial , Proposed Zoning: n/a Existing Land Use: Residual right-of-way Proposed Land Use: Green space Neighborhood Plan: Gainsboro Specified Future Land Public facility Use: Filing Date: Original Application: August 14,2007 Background: The portion of right-of-way requested for vacation is residual and unnecessary for any future widening of either Gainsboro Road or Patton Avenue. The applicant owns the adjoining property, Official Tax Map No. 2011002, site of the Gainsboro branch library. The library is in the process of expanding, with plans for two additions to the rear of the building. This request will not impact those plans. Considerations: Surroundinq Zoninq and Land Use: Zoning District Land Use North RMF, Residential Multifamily Residential South CN, NeiQhborho'od Commercial Vacant Commercial East RMF, Residential Multifamily Residential West RM-1, Residential Mixed Density Residential Compliance with the Zoninq Ordinance: The proposed vacation will have no impact on the zoning map or the zoning of the adjoining properties. Members of City Council Page 4 November 19, 2007 Conformity with the Comprehensive Plan and Neiqhborhood Plan: The request is consistent with the future land use plan of the Gainsboro Neighborhood Plan, and with the goals of Vision 2001-2020 to improve libraries. Public Utilities The area is served by public utilities. Staff received comments from Verizon, AEP, the Western Virginia Water Authority, and Roanoke Gas, all of which stated no objection to the request. City Department Comments: Staff received no comments in objection to the request. Public Comments: None ) . ... -.--.---..-'.-.. -.. _.t.:..._:........:.~..~--..:..:. " ',APPL.:OATI8'tl':,.. ",. S"FREE'I" oR~~~Ei\lAcA".oN ';.-\"., I.' '" \_,,," ': '" " 11 ':."..;...'" "'..{/':?,...'"~~ ~ ~':;~-"'K~: "'~";}_'J;',\ ~.. > Date: To: Office of the City Clerk Fourth Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Phone: (540) 853-2541 Fax: (540) 853-1145 '-All$,iiJ.m!(ta'/s;if1i[~ffj'tf:;tYp~cHanc!tihCllid~iall.:;'eqlifreq ao~iJmerilatiQi(anC!\l,~Fh/fck:iorlhfifiilriirfe~:.' Application is hereby submitted for street or alley vacation for the property located at: Location and description of street or alley to be closed: 5,538 square feet of 'public right of way at the corner of Patton Avenue, NW and Gainsboro Road, NW. Proposed use of vacated street or alley: To increase the amount of yard areaadj acent to the planned addition to the Gainsboro Library. NameofApplicant/G9ntactPersQn: ,Darlene. L. Burcham Mailing Address: 215 . Church Aventie, SW, Room 364. Roa~oke~ Virginia 24011 Telephone: (540) 853""'23'33 Fax: (549:-853-1138 E-mail: darlene.btircham@roanokeva gov 5 uJ I..L ~ " ouoou..z W'-zzo_ W ~Za5<(o<( ~ ~ OO~ Zw Q Zf=Q..~O::Qo:: > <( ~ 3= u.. t U<( <( 0::.0 CD GJ u.. 0 W >-" Z ...J Z 80:: ~~0>-(f)w8.....0 ..... Ou f-3=>O::u 1= !:::ou<(s:uzgjwo::<( flJ ,> '" (f) :r: <( Q.. - W .....u... a.. :r: >- :r: Cl 0:: 0 I"- .. Z C;SI-f-~f->-~~ 0 u"OWf-uu W zQ..wO::oG: f- ..... ;: 00:: W......Ju.. ,<( ::I:oo::tng,flJO ~ I- :r: Q.. 0:: (fj Ul a.. ~ z '0:: w w wz i!=- u..LJ Oz ~w E>- 01- - U ~ z <:5 a::: :> I"- o o C\I I"- ~ vi ...... > t.U ~vo ::> ~~~ a5 m~> > ~~.~ ~ o~~ ~~;6C5 ~n'lw.;;a; ~ ~. ~ ~ ~ ~ ~ ~.u.. ~ w ~ o z <( o a::: f- Ul :J ~ :J <( 3N\fld 31'9'15 '9'^ HHION OI~Cl ~ ~o N'9'10I~3~ u.. Ci o w ~ ~ Cl U , ~ - \8~ U ,L., Z J, 1-, >-10 j ~~O~ ~~~~' 1 wci:'o I I N '1 f- "'o~ i i ~~~5 I ~ ) I baj~ 1::50 ) '0::) I l:::l) c, 10) EI ,J l,u3,/c) . '2 ')Q.\ '-0) i~ J& ,.,j:: (1 I ()) 5 ') OJ "'" .~ \,,~ ,,')~ ") lLJ' ~, ~. -\ f'") f'") '\ li:o <0. ~ VI~ ", ,,... ~ J'cJ,J";' ~II -"-" CD o '0,' / ,00' 'L __ o o C; c 0' o 2 '0 a o w -' <{ U (f) -Q- '0 N w'~ => ~. Z..... 'W 0 >- W......NlL.. o.::no(f) ps,,~ o "e, v- 'I; / / ') "--"-.. c W s, w------- /; /1 ,[ :=~~=::~-=--=~~~==~---_.. :::J:?J'<:;'Z __ '" Properties adjacent to and those directly opposite the property Tax Map: Physical Address: Owner Name and Address: Tax Map: Physical Address: Owner Name and Address: Tax Map: Physical Address: Owner Name and Address: Tax Map: Physical Address: Owner Name and Address: #2011001 650 Jefferson Street, NW Our Lady of the Valley, Inc. 3333 Peters Creek Road, NW Roanoke, VA 24019 #2011901 413 Old Gainsboro Road, NW Claytor Inc. 802 Grayson Avenue, NW Roanoke, VA 24016 #2011801 1 st Street NW Impact Housing Corporation 401 Gainsboro Road Roanoke, VA 24016 #2010918 Gainsboro Road, NW City of Roanoke Redevelopment and Housing Authority P.O. Box 6359 Roanoke,VA 24017 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 , E-mail: derk@roanokeva.gov SHEILA N. HARTMAN Assistant City Clerk STEPHANIE M. MOON, CMC I City Clerk CECELIA R. TYREE Assistant Deputy City Clerk \... October 29,2007 Our Lady of the Valley, Inc. Claytor, Inc. Impact Housing Corporation Roanoke Redevelopment and Housing Authority . Ms. Helen Davis and Ms. Evelyn Bethel Ms. Margaret Roberts and Ms. Alice Roberts Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, November 19,2007, 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, on the request of the City of Roanoke that a certain public right-of-way intersecting at Patton Avenue and Gainsboro Road, N. W., be permanently vacated, discontinued and closed. This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to. the matter, please call the Department of Planning, BlJilding and Development at 540-853-1730. If you would like to receive a copy of the report of the City Planning Commission, please call the City Clerk's Office at 540-853-2541. Sincerely, ~rn.~ Stephanie M. Moon, CMC City Clerk SMM:ew TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE CLOSURE REQUEST OF: City of Roanoke at Gainsboro and Patton Avenue, NW) AFFIDAVIT COMMONWEALTH OF VIRGINIA CITY OF ROANOKE ) ) TO-WIT: ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 24th day of September, 2007, notices of a public hearing to be held on the 19th day of October, 2007, on the request captioned above to the owner or agent of the parcels as set out below: Tax No. Name Mailina Address 20110001 Our Lady of the Valley, Inc. 3333 Peters Creek Road, NW Roanoke, VA 24019 2011901 Claytor, Inc. 802 Grayson Avenue, NW Roanoke, VA 24016 2011801 Impact Housing Corp. 401 Gainsboro Road Roanoke, VA 24016 2010918 City of Roanoke Redev. POBox 6359 and Hsg. Authority Roanoke, VA 24017 Also Notified: Helen Davis and Evelyn Bethel, 35 Patton Avenue, NE, 24016 Margaret and Alice Roberts, 411 Gilmer Avenue, NW, 24016 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 24th day of September, 2007. NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING COMMISSION TO WHOM IT MAY CONCERN: The City of Roanoke Planning Commission will hold a public hearing on Friday, October 19, 2007, at 1 :30 p.m., or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider the following: Request from the City of Roanoke to permanently vacate, discontinue and close 5,538 square feet of public right-of-way at the intersection of Patton Avenue, N.W., and Gainsboro Road, N.W. A copy of the application is available for review in the Department of Planning Building and Development, Room 166, Noel C. Taylor Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations for this hearing, please contact the Department of Planning Building and Development at 853-1730 before 12:00 noon on the Tuesday before the date of the hearing listed above. Martha P. Franklin, Secretary City Planning Commission Please print in newspaper on Tuesday, October 2 and 9, 2007. Please bill: Office of the City Engineer 215 Church Avenue, S.W. Room 350 Roanoke, VA 24011 (540) 853-2731 Please send affidavit of publication to: Martha Franklin Planning Building and Economic Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-1730 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE CLOSURE REQUEST OF: City of Roanoke at Gainsboro and Patton Avenue, NW ) AFFIDAVIT CITY OF ROANOKE ) -', ) TO-WIT: ) t. , ~.',' . ," j..1 COMMONWEALTH OF VIRGINIA The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 24th day of September, 2007, notices of a public hearing to be held on the 19th day of October, 2007, on the request captioned above to the owner or agent of the parcels as set out below: Tax No. Name Mailinq Address 20110001 Our Lady of the Valley, Inc. 3333 Peters Creek Road, NW Roanoke, VA 24019 2011901 Claytor, Inc. 802 Grayson Avenue, NW Roanoke,VA 24016 2011801 Impact Housing Corp. 401 Gainsboro Road Roanoke,VA 24016 2010918 City of Roanoke Redev. POBox 6359 and Hsg. Authority Roanoke,VA 24017 Also Notified: Helen Davis and Evelyn Bethel, 35 Patton Avenue, NE, 24016 Margaret and Alice Roberts, 411 Gilmer Avenue, NW, 24016 YJ7~ j/6-LL OV-~ Martha Pace Franklin , SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 24th day of September, 2007. /J J 0 J/h-+--) 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@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk August 17, 2007 Henry Scholz, Chair City Planning Commission 2335 Broadway Avenue, S. W. . Roanoke, Virginia 24014 Dear Mr. Scholz: Pursuant to Section 36.1-690(e), Code of the City of Roanoke (1979), as amended, I am enclosing copy of an Street and Alley Application received in the City Clerk's Office on August 17, 2007, from the City of Roanoke requesting that 5,538 square feet of public right of way at the corner of Patton Avenue and Gainsboro Road, N. W., be vacated, discontinued and closed. 'm,.~w Stephanie M. Moon, CMC / City Clerk SMM:ew EnclOsure pc: The Honorable Mayor and Members of the Roanoke City Council (w/o enclosure) Susan S. Lower, Director, Real Estate Valuation Martha P. Franklin, Secretary, City Planning Commission . Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney K:\REZONING AND STREET CLOSUREIRezoning 07\Public right of way Patton Av NW and Gainsboro Rd NW.doc , The Roanoke Times Roanoke, Virginia Affidavit of Public~tion The Roanoke Times ---------------------------~----------------------+------------------------ STEPHANIE M. MOON CITY OF ROANOKE CLERK'S OFFICE 215 CHURCH AVE SW RM 456 NOEL C. TAYLOR MUNICIPAL BLDG. ROANOKE VA 24011 REFERENCE: 32143302 10582051 PH -City (Closure I NOTICE OF PUBLIC HEARING I The Council of the City of RoanO.ke will hold a pUblic hearrng 'on Monday' INove'mber 19,,2007, at 7:00 I p.m., or as soon thereafter I ,!'Is the matter may be heard i :r~ the Council Chamber" ;fourth floor, in the Noel C': 'Taylor Municipal Building'" ;215 Church ilvenue, S.W.; !Roa.noke, Virginia. to I' cO,nslder the'following: Request from the City of ,Roanoke !o permanently ,vacate, discontinue and 'clos~ 5,~38 square feet of !publrc rrght-of.way at the ,Intersection of Patton ARvenue. N.W., and Gainsboro load, N.W. I. A c.opy of,!he application liS ayarlable for review in the 10fflce of the City Clerk IRoo,!, .456. Noel C. Taylo; IMun,clpal Building, 215 IChurch Avenue S W Roanoke, Virginia. ' . . , i . !I" parties in interest and ,cItizens may appear on the iabove date and be heard on I'the malter., If yoU are a person with a disability who /n~eds accommodations for Ithls hearrng, please contact )the City Clerk's Office, at ,853-2541, before noon on I Thursday, November 15 2007. ' I GIVEN under my,hand this ,30th day of November ,2007.' , ! Stephanie M. Moon, CMC i ' . . City Cler~ 1(10582051) L State of Virginia City of Roanoke I, (the unders igned) an authori zed represen ta t i ve of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this J5_~___day of November 2007. Witness my hand and official seal. __K~,_Yl._.&L~J~..l_________ Notary Public My commis~on expires -nl~~3~T~QU------. PUBLISHED ON: 11/02 11/09 \\\\1111'", ,,\ BE " ",,~ --{ :.... ~Cf.t-"", .;:'r>..<<J .... i"p..'{ ....~...<\ " .. '<,' 'NO r"' .'r, :: ~;' pUBLIC ". *,:' =:' #2729'\6':-: - . p..EG. ",_ : *' : MM\SSIOl' : ::: = - . M'{ cO , C' . ~ ~ :. ",,",', ""PI?-t.": r'";;: ~ ,,-,. I7J' "'n\\' "," -:., ~ ..... ~I~'\I ~.,~~...~ ""It?04'WE'A' 'l~'~ (J<<' "", "1 \ III "'''"\11\\ TOTAL COST: FILED ON: 312.00 11/09/07 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -. - - - - - - - - - + - - - - - - - - - - - - - - - - - - - - - - - - Authorized ~ , )(L 1J2r ~A I_A . .~.." _ signature'_~j-~~---l~~~~-' I ("""".. Billing Servlce~Representative --::: ("') r- ~ ;::0::: .. ..-::..., ':::::1 -,.. ~~ ........ cr, "T,:I :::m: o (.,.) ,-..:::.-- 0"', Z'\' . 9Jr~'1 \ v NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Monday, November 19, 2007, at 7;00 p.m., or as soon thereafter as the matter maybe heard, in the Council Chamber, fourth floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider the following: Request from the City of Roanoke to permanently vacate, discontinue and close 5,538 square feet of public right-of-way at the intersection of Patton Avenue, N.W., and Gainsboro Road, N.W. A copy ofthe application is available for review in the Office ofthe City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at 853-2541, before noon on Thursday, November 15,2007. GIVEN under my hand this 30thdayof October ,2007. Stephanie M. Moon, CMC, City Clerk ell)', CI N-City - close 5,538 ft - Patton & Gainsboro 11-19-07 Notice to Publisher: Publish in the Roanoke Times once on Friday, November 2,2007 and November 9,2007. Send bill and affidavit to: Stephanie M. Moon, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELlA R. TYREE Assistant Deputy City Clerk November 20,- 2007 Darlene L. Burcham City Manager Roa'noke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 37959-111907 authorizing the lease of 472 square feet of space within City-owned property located in the City Market Building, for a term of one year beginning November 19, 2007, and extending through November 18, 2008; and dispensing with the second reading by title of this ordinance. The abovereferenced measure was adopted by the Council of the '. City of Roanoke at a regular meeting held on Monday, November 19, 2007, and is in full force and effect upon its passage. Sincerely, ~m.~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Jesse A. Hall, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Director, Management and Budget Brian K. Brown, Economic Development Administrator Cassandra L. Turner, Economic Development Specialist ()~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of NovemHer, 2007. No. 37959-111907. AN ORDINANCE authorizing the lease of 472 square feet of space located within City- owned property located in the City Market Building, for a term of one year beginning November 19, 2007, and extending through November 18, 2008; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on November 19, 2007, pursuantto S S 15 .2-l800(B) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on the proposed lease. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and. City Clerk are hereby authorized to execute and attest, respectively, 'in a form approved by the City Attorney, an agreement with Sharebike, LLC, for the lease of approximately 472 square feet of space located within City-owned property in the City Market Building, for a bicycle rental business and to hold bicycle safety classes, for a term of one year, beginning November 19, 2007, and extending through November 18, 2008, upon certain terms and conditions, and as more particularly described in the City Manager's letter to this Council dated November 19,2007. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispe~~ed with. ATTEST: h1.frtt)V City Clerk. O-Sharebike, LLC - 11-19-07 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 November 19, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wish neff, Council Member Dear Mayor Harris and Members of City Council: Subject: Market Building Lease Background: The City of Roanoke owns the City Market Building located at 32 Market Square, Roanoke, Virginia 24011. Ron McCorkle, founder of Sharebike, LLC. has requested a lease for 472 square feet of space located in the City Market Building, to serve as its headquarters. Sharebike is a not-for profit venture. The shop will operate as a bicycle rental business and repair shop, offering bicycle safety classes, events, and biking information including maps. The proposed lease agreement is for a one-year period, beginning November 20, 2007, and expiring November 19, 2008. There will be no monthly rental fee. However, the common area maintenance fee of $250.00 per month will be assessed. Recommended Action: Authorize the City Manager to execute a lease agreement with Ron McCorkle d/b/a Sharebike, LLC., for approximately 472 square feet of space in the City Market Building, located at 32 Market Square, Roanoke, Virginia 24011, for a period of one (1) year, beginning November 20, Honorable Mayor and Members of City Council November 19, 2007 Page 2 2007, and expiring November 19, 2008. Such lease shall be approved as to form by the City Attorney. Respectfully submitted, Darlene L. urcham City Manager DLB:c1t c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance R. Brian Townsend, Asst. City Manager for Community Development Brian K. Brown, Economic Development Administrator Cassandra L. Turner, Economic Development Specialist CM07-00181 LEASE Bet \l\een ll-E a lY CF RO*D<E and Sharebike LEASE I N::EX I-f..6l] N::; Pt<I PREM SES TERM BASE RENf; ESCAlAll Q\b CIM{N ,AREA M\I NTEN6NI 2 L.PN1..CRD CEll CAll Q\b 2 TENANT S CEll CAll Q\b 3 l...6E CF PREM SES 3 EXG..l...61 \t1lY 4 ASSI CN\{Nf ,AN) SLBLETll N::; 4 I M'ROtEI\.fNTS 4 SLRREN::ER CF PREM SES 4 I f\SPEcn eN 4 I f\SQ VENY CR BftN<RlPfCY CF TEN6Nf 4 "fR.L\N)FER CF L.PN1..CRD S INTEREST 5 ESTCPPEL CERTl FI CATE 5 ~ TO 11-[ PREM SES 5 CEFM T CF TEN6Nf 6 CDUl\Mll eN 6 CDlENWrS CF L.PN1..CRD 6 N) PAAll\ERSH P 7 BRO<ERS CIMvt SSI eN 7 NJ1l CES 7 . __ ~ a __ _ __ I t-WftU D lY CF PAATI Cl.lPR PRO/1 SI eN; HAZARIXl..E SLBSTftNIS IN;LRAN:E SEGRllY CEPa;1 T I N::EI\.N FI CAl1 (}J CThf>LI ftNI W TH \...AWl ftN) REillAl1 eN; FCRLM SELEcn (}J ftN) on CE CF LPW FCRCE ~ ELRE EQJ6l EM'LQr1\,{Nf CPPCRTlN lY ffiLG FREE VffiKPLPCE RlJ....ES ftN) REillAl1 eN; SI CNXI QJAR.ANTY LI ftBl LIlY CF, L...Al\D...CRD 1ENlWf I M'RO/EMNTS BLEI t-ESS I-O...R 1\.0] FI CAl1 (}J Exhi bi t A Exhi bi t B Exhi bi t D Exhi bi t E Exhi bi t F 7 7 8 9 9 10 10 10 10 10 11 11 11 11 11 11 Floor Plan ConmtDn k ea Floor PI an Rul es and Regul at ions Si gn Regul at ions war ant y LEASE TH S LEASE i s ITcB.de t hi s ____day of ____________________2007 b,t and bet\/\een the a lY CF RQV\()(E (herei nafter referred to as ALandl ord@), and Sharebike, (herei nafter referred to as ''Tenant''), WlT\ESSElH In consi derati on of the mutual agreemnts herei nafter set forth, the parti es hereto mut uall y agree as foil ON,: 1. PREM SES Landi ord hereb,t I eases to Tenant and Tenant hereb,t I eases from Landi ord, for the termand upon the condi ti ons herei nafter provi ded, a secti on of the bui I di ng knOl\ll as the Roanoke 0 ty Mlrket Bui I di ng (herei n referred to as the "Bui I di ng") I ocated at 32 Mlrket Square, Stall s #112 & 129, Roanoke, Vi rgi ni a 24011, as is del i neated on Exhi bi t "p,' hereto, \/\hi ch is hereafter referred to as the "Prenilses." The Prenilses consi sts of approxi ITcB.tel y 472 square feet of space. 2. TERM The term of t hi s Lease shall co~nce on November 20, 2007( "Co~ncemnt Dite") and shall expi re at 11: 59 o'e1 ock p. m on November 19. . 2008. A key VIi II be gi ven to Tenant upon execut i on of t he Lease. 3. BASE RENT": ESCAlAllCN; The base rent for the fi rst year of the term shall be based on cost per square foot. Tenant shall pay as base rent for the Prenilses for each ear of the Lease accordi n to the foil oIIi n schedul e: Per i oct Per S uar e Foot I\A)nt hi Rent ,Amount Pnnual Rent ,Amount 11/19/07 to $0.00 $0.00 10/31/08 1ft he Co~ncemnt Dite is ot her than the fi rst day of the mont h, the fi rst year of the Lease termshall be deemd to be extended to i nel ude such parti al month and the foil oIIi ng t\/\el ve (12) mont hs, so as to end on t he I ast day of the mont h. I n t he event t he Co~ncemnt Dit e i s ot her than the fir st day of a cal endar mont h, t he Base Rent (" Rent ") (as \/\ell as t he CommDn ,Ar ea Mli nt enance Fee pr ovi ded hereunder) for the porti on of the then current cal endar month shall be prorated on the basi s of a thi rty (30) day month and shall be pai d i ~di atel y upon the co~ncemnt of the Ter m Rent shall be paid monthly. The first monthly paymnt shall be ITcB.de at the tim of executi on of thi s Lease b,t the parti es; the second and all subsequent monthl y paymnts shall be ITcB.de on the fi rst day of each and every cal endar month duri ng the term krf monthl y paymnt of rent \/\hi ch is not recei,ved b,t Landi ord b,t the end of the fi fth (5th) day of the month shall be assessed a I ate charge in the amount of five per cent (5~ of such tat al mont hi y rent paymnt. p.J I del i nquent rent, and other charges due under thi s Lease shall accrue interest at a rate equal to the current pri m rate, as establ i shed b,t the Lhi ted States Covernmnt, pi us tw> percent (~ per month or the lTcB.Xi mumantDunt perniltted b,t I a"" fromthe due date of such paymnt and shall consti tute addi ti onal rent payable b,t Tenant under t hi s Lease and s hal I be pai d b,t Tenant t 0 Landi or d upon delTcB.nd. Paymnt s hal I not be deemd as received if Tenant's paymnt is not actually collected (such as Tenant's proporti onate share of the costs ("Common Prea Mli ntenance Fee") of lTcD.i nt ai ni ng, oper at i ng, r epai ring, r epl ac i ng and i ns ur i ng t he "Common Pr eas" defi ned herei n. The Common Prea Mli ntenance Fee for thi s I ease VIi II be a fl at fee charge of Two hundred fifty [bll ars ($250.00) per I1lDnth. These fees VIi II increase lJy three (3<>A percent upon each anni versary of t hi s Lease. The t er m "Common Pr ea Mli nt enance Fee" i ncl udes all cost s and expenses of every ki nd and nature paid or incurred lJy Landlord in operati ng, ITcD.nagi ng, equi ppi ng, pol i ci ng, Ii ghti ng, repai ri ng, repl aci ng item in the Bui I di ng and lTcli ntai ni ng the Bui I di ng. Such costs and expenses VIi II i ncl ude, but not be Ii nilted to, the foil oN ng: (a) utilities (electriC, gas, \AB.ste relllDVal, \AB.ter and seVIer charges, storm \AB.ter charges; i ndi vi dual telephone servi ce is speci fi call y excl uded) , (b) insurance prenilum for publ i c Ii abi I i ty and property dalTcD.ge for the Bui I di ng( excl udi ng Tenant's Prenil ses) ( c) lTcD.i nt enance cost s of heat i ng, vent i I at i ng and ai r condi t i oni ng, (d) insect and rodent t reat ~nt, ( e) s nCM' and i ce r elllDVal , ( f) el ect r i cal and pi unloi ng r epai r sin t he Common Pr eas of the Bui I di ng, (g) ITcD.nage~nt costs and repai rs to the structure of Bui I di ng w,i ch i ncl udes roof and \AB.II repai rs, foundati ons, spri nkl er system, uti I i ty lines, side\AB.1 ks and curbs, (h) securi ty ca~ra system, ( i ) light i ng, (j) sanitary control, drai nage, coil ecti on of rubbi sh and other refuse, ( k) cost s tor e~dy and/or cOrlJDl y VIi t h gover n~nt al and/or envi r on~nt al and hazardous \AB.ste ITcD.tters(excl udi ng Tenant's Prenilses) (I) repai rand install ati on of equi p~nt for energy savi ng or safety purposes, ( n) reserves for f ut ur e lTcD.i nt enance and r epai r VlDr k (w,i ch Tenant her elJy aut hori ze Landi ord to use as necessary), ( n) depr eci at i on on equi p~nt and ITcD.chi nery used i n lTcD.i nt enance, cost s of personnel requi red to provi de such servi ces, (0) all cost s and expenses associ ated VIi t h Landi ord's obi i gat i on to repai rand lTcD.i ntai n and such other item of cost and expense w,i ch are rei atabl e' to pr oper lTcD.i nt enance of the Bui I di ng and its Common Pr eas. The "Common Preas" are defi ned as all areas and spaces in the Bui I di ng and equi p~nt in the Bui I di ng, as further shCMrl on the attached Exhi bi t B provi ded lJy Landi ord for common or j oi nt use and benefi t of the tenants of the Bui I di ng, thei r erlJDloyees, agents, servants, custo~rs and i nvi tees. The Common Preas further i ncl ude, VIi thout Ii niltati on, roofs, \AB.II s, vacant areas, food court, el evator( s), restroom, stai r\AB.Ys, \AB.I kvlays, rarlJDS, foundati ons, si gns (excl udi ng Tenant's signage), security ca~ras, I ighti ng fixtures and equi p~nt, and the faci I ities appurtenant to each of the aforesai d, and any other faci I i ti es lTcD.i ntai ned for the be nef i t of t he Bui I di ng. Landi or d s hall have t he right t 0 rnocJi f y t he Common Pr eas fromti ~ to ti ~ as dee~d reasonabl e lJy Landi ord. 5. LANlCRIJS 03L1 CAll eN) Landlord herelJy agrees to provide and be VIi ring, heat i ng and ai r condi t i oni ng syst em, t oi I et s, V\B.t er pi pes, gas, pi unloi ng, other el ectri cal fi xtures and the exteri or and i nteri or V\B.II s. Structural and capital repairs to Tenant's Prenilses are specifically excl uded. (b) pay for the cost of Tenant's utilities (gas, electric, heating, V\B.ter, telephone servi ce speci fi call y excl uded) and allot her servi ces i dent i fi ed through use of funds fromthe CommDn Prea l\4li ntenance Fee descri bed above. (c) provi de a key to Tenant upon execut i on of t he Lease Pgree~nt, 6. TENANrS CEll CAl1 eN; Tenant, at its sol e cost and expense, agrees to provi de and be responsi bl e for the foil <Mi ng, in addi ti on to its other responsi bi I i ti es pursuant to thi s Lease. ( a) Tenant s hall keep and nai nt ai n the Pr enil se i n good r epai r, condi t i on and appearance duri ng the termof thi s Lease, ordi nary V\.ear and tear excepted, and not use any part of the Prenil ses or the CommDn Preas of the Bui I di ng i n a negl i gent nanner. (b) Tenant 'shall take good care of the Prenilses, its fi xtures, and appurtenances and suffer no V\B.ste or i ~ury thereto, and shal I pay for al I repai rs and repl ace~nts to the Prenilses, necessi tated by Tenant's acti ons, w,ether capi tal, structural as defi ned above, or otherVli se. (c) Tenant shall surrender the Prenilses at the end of the term i n as good condi t i on as Tenant obt ai ned t he sa~ at t he co~nce~nt of the t er m reasonabl e V\.ear and tear excepted. (d) Tenant shall operate its business as described in Section 7 of this Lease. (e) Tenant shall pay rent t i ~I y as provi ded inSect ion 3 of t hi s Lease. (f) Tenant shall obt ai n the i nsur ance as requi red inSect i on 29 of t hi s Lease. 7. LEE CF PREM SES The Prenilses shall be used for the purpose of conducti ng therei n the sal e or rental of bicycles and education classes related to owning or operating bicycles. Tenant covenant s and agrees t hat at all t i ~s duri ng the term hereof, Tenant VIi II acti vel y conduct such a busi ness in the Prenilses, keep the Prenilses anpll y stocked VIi th good and fresh ~rchandi se and keep the Prenilses open for busi ness duri ng the custonary busi ness hours of 10: 00 a. m to 6: 00 p. m (not I ess than ei ght (8) hours per day, M>nday through Saturday) of the Bui I di ng as est abl i shed or as nay be a~nded by Landi ord and ( i i) the Prenil ses shall be used only for such purpose. The Building VIi II be closed for the foil <Mi ng I-bl i days or as observed: ~w Year's Diy, ~mDri al Diy, Labor Diy, Thanksgi vi ng Diy and O1ri stnas Diy. f\.bthi ng herei n shall requi re the 0 ty of Roanoke to open the Bui I di ng outsi de of the above desi gnated hours. The Prenilses shall not be used for any other purpose Vlithout the witten pernilssion of Landi ord. Tenant shall not open the Bui I di ng to the publ i c out si de of the custonary busi ness hours or on the I-bl i days stated above. such consent in any subsequent assi gnmmt or subl ett i ng. I n the event that Tenant recei ves a bona fi de wi tten offer froma thi rd party for the subl ease or assi gnment of the Prenilses, Tenant shall forthVli th noti fy Landi ord in wi ti ng, attachi ng a cop{ of such offer, of Tenant's desi re to subl et or assi gn thi s Lease upon the term of such offer, w,ereupon Landi ord shall have thi rty (30) days to accept or rej ect such assi gnment or subl ease. 10. I M'RO/EMNlS Landi ord must approve all al terati ons, redecorati ons, or i np>rovements in and to the Prenilses in wi ti ng beforehand. Such al terati ons, redecorati ons, addi ti ons, or i rlJDrovements shall conform to all appl i cabl e Bui I di ng Codes of the 0 ty of Roanoke, federal and state I aV\6, rul es and regul ati ons.' 11. SlRREN:ER a= PREMSES At: the expi rati on of the tenancy hereO{ created, Tenant shall peaceably surrender the Prenilses, including all alterations, addi t ions, i rlJDr ovement s, decor at ions and r epai r s nade t her et 0 (but excl udi ng all trade fi xtures, equi pment, si gns and other personal property install ed 0{ Tenant, pr ovi ded that i n no event s hall Tenant r el1Q1Ve any of t he foil oN ng nat er i al s or equi pment w t hout Landi ord's pri or wi tten consent: any free standi ng si gns, any pcMer w ri ng or pcMer panel s; light i ng or light i ng fi xt ures; \l\B.11 coveri ngs; drapes, bI i nds or other w ndON coveri ngs; carpets or other floor coverings; or other si nil I ar bui I di ng operati ng equi pment and decorati ons), broomcl eaned and in gcxx:l condi t i on and repai r, reasonabl e \/\ear and tear excepted. Tenant shall rentDVe al I its property not requi red to be surrendered to Landlord before surrenderi ng the Prenilses and shall repai r any danage to the Prenilses caused thereO{. ftrr.t personal property renaining in the Prenilses at the expiration of the Lease shall be deemed abandoned 0{ Tenant, and Landi ord nay cI ai m t he same and shall in no ci rcumtance have any Ii abi I i ty to Tenant therefore. If physi cal al terati ons \/\ere done 0{ Tenant, Landi ord, at its opti on, nay requi re Tenant to return Prenilses to its original condition (condition at occupancy) w,en Tenant vacates Prenilses. LPon ternilnation, Tenant shall also surrender all keys for the Prenilses to Landi ord and, if appl i cabl e, i nformLandl ord of any conloi nati ons of locks or safes in the Prenilses. I f the Prenilses are not surrendered at the end of the termas herei n above set out, Tenant shal I i ndenmify Landlord agai nst loss or I iabi I ity resul ti ng fromdel ay 0{ Tenant in so surrenderi ng the Prenilses, i ncl udi ng w thout Ii niltati on, cI ai m nade 0{ the succeedi ng Tenant founded on such del ay. Tenant's obi i gati on to observe or performthi s covenant shall survive the expi rati on or ot her ternil nat i on of the termof t hi s Lease. 12. If\SPEcnGJ Tenant wll pernilt Landlord, or its representative, to enter the Prenilses, upon reasonabl e noti ce to Tenant, w thout charge thereof to Landi ,ord and w t hout di nil nut i on of t he rent payabl e 0{ Tenant, to exanil ne, inspect and protect the same, and to nake such al terati ons and/or repai rs as in the judgment of Landi ord nay be deemed necessary, or to exhi bi t the same to prospecti ve Tenants duri ng the I ast one hundred t\/\enty (120) days of the termof t hi s Lease. 13. I f\SQ\lENY rn &AN<RlPTCY a= lENIWT I n t he event Tenant nakes an assignment for the benefit of creditors, or a receiver of Tenant's assets is appoi nt ed, or Tenant f i I es a vol unt ary pet i t i on i n any bankr upt cy or i nsol vency 14. TR.AN>FER IT LPl\Il..CRIJS I MEREST Landi ord shall have the ri ght to cOI1\Iey, transfer or assign, by' sale or otherVlise, all or any part of its CMllership i nt erest i n t he property, i ncl udi ng the Prenil ses, at any time and from time to time and to any per son, s uQj ect tot he t er m and condi t ions of t hi s Lease. All cOJenants and obi i gati ons of Landi ord undeL thi s Lease shall cease upon the executi on of such conveyance, transfer or assi gnment, but such cOJenants and obi i gat ions shall run VIi t h t he I and and shall be bi ndi ng upon t he subsequent CMller( s) thereof or of thi s Lease duri ng the peri ods of thei r CMllershi p thereof. 15. ESTCPPEL CERn FI CATE Tenant agrees, at any ti me, and fromti me to ti me, upon not I ess than ten (10) days' pri or noti ce by' Landi ord, to execute, acknCMJ edge and del i ver to Landi ord, a statement in wi ti ng addressed to Landi ord or other party desi gnated by' Landi ord certi fyi ng that thi s Lease is in full force and effect (or, if there have been nmdifications, that the same is in ful I force and effect as nmdi fi ed and stati ng the nmdi fi cati ons), stati ng the actual cOn1lllfncement and expi rati on dates of the Lease, stati ng the dates to Vlhi ch rent, and other charges, if any, have been paid, that the Prenilses have been cOrlJDleted on or before the date of such certi fi cate and that all condi ti ons precedent to the Lease taki ng effect have been carri ed out, that Tenant has accepted possessi on, that t he Lease t er m has cOn1lllfnced, Tenant i s occupti ng the Pr enil ses and i s open for busi ness, and stati ng Vlhether or not there exists any default by' either party contai ned in thi s Lease, and if so speci fyi ng each such defaul t of Vlhi ch the si gner ITcII.y have knCMJ edge and the cI ai m or offsets, if any, cI ai med by'Tenant; it bei ng intended that any such statement del i vered pursuant hereto ITcII.y be rei i ed upon by' Landi ord or a purchaser of Landi ord's interest and by' any mortgagee or prospecti ve mortgage of any mortgage affecti ng the Prenilses. I f Tenant does not del i ver such statement to Landi ord VIi thi n such ten (10) day peri od, Landi ord ITcII.y concl usi vel y presume and rei y upon t he foil CMi ng fact s: (i) that t he term and prOJi si ons of thi s Lease have not been changed except as otherVli se represented by' Landi or d; (i i) that t hi s Lease has not been cancel ed or t er nil nat ed except as ot herVli se represented by' Landi ord; (i i i) t hat not more than one (1) mont h's nil ni mumrent or ot her charges have been pai din advance; and ( i v) t hat Landi ord is not in defaul t under the Lease; and (v) no di sputes exi st. I n such event Tenant shall be estopped fromdenyi ng the truth of such facts. Tenant shall al so, on ten (10) days' wi tten noti ce, prOJi de an agreement in favor of and in the form custoITcll.ri I y used by' such encunlDrance hol der, by' t he term of Vlhi ch Tenant VIi II agree to gi ve pronpJt wi tten noti ce to any such encunlDrance hol der in the event of any casual ty daITcll.ge to the Prenilses or in the event of any defaul t on the part of Landi ord under thi s Lease, and VIi II agree to all ON such encunlDrance hol der a reasonabl e I ength of ti me after noti ce to cure or cause the curi ng of such defaul t before exerci si ng Tenant's ri ght of sel f- hel p under thi s Lease, if any, or t er nil nat i ng or decl ar i ng a def aul t under t hi s Lease. 16. ~ TO ll-E PREM SES 1ft he Bui I di ng or the Prenil ses shall be part i all y daITcll.ged by' fi re or ot her cause VIi t hout the f aul t or negl ect of Tenant, its agents, enp>layees or invitees, Landlord shall diligently and as soon as pract i cabl e after such daITcll.ge occurs repai r such daITcll.ge at t he expense of Landi or d, pr OJi ded, hOllever, that i f the Bui I di ng i s daITcll.ged by' fir e or ot her cause to such extent that the daITcll.ge cannot be full y repai red VIi thi n ni nety (90) days fromthe date of such daITcll.ge, Landi ord or Tenant, upon wi tten noti ce to the 17. [EFM T CF TENANT ' I f Tenant shall f ai I to pay any mont hi y i nst all m2nt of Rent and/or as requi red lJy thi s Lease, or shall vi 01 ate or fai I to performany of the ot her condi t ions, covenant s or agr eem2nt on its part cont ai ned i n t hi s Lease and such fai I ure to pay Rent or such vi 01 ati on or fai I ure shall conti nue for a peri cx:I of ten (10) days after the due date of such paYm2nt or after wi tten noti ce of any such vi 01 ati on or fai I ure to performlJy Tenant, then and in any of such events thi s Lease shall, at the opti on of Landi ord, cease and ternilnate upon at least ten (10) days' prior witten notice of such election to Tenant lJy Landi ord, and if such fai I ure to pay rent or such vi 01 ati on or fai I ure shall conti nue to the date set forth in such noti ce of ternilnati on, then thi s Lease shall cease and ternilnate VIi thout further noti ce to qui t or of Landi ord' s i nt ent i on tor e- ent er, the sam2 bei ng her elJy Wii ved, and Landi or d rrcB.y pr oceed to recover possessi on under and lJy vi rt ue of the provi si ons of t he I aw; of Vi rgi ni a, or lJy such ot her proceedi ngs, i ncl udi ng re- ent ry and possessi on, as rrcB.y be applicable. If Landlord elects to ternilnate this Lease, everything herein contai ned on the part of Landi ord to be done and perform2d shall cease VIi thout prej udi ce, hCNlever, to the ri ght of Landi ord to recover fromthe Tenant all rental accrued up to the ti m2 of ternilnati on or recovery of possessi on lJy Landi ord, Wli chever is later. Shoul d t hi s Lease be ternil nated before the expi rat i on of the termof thi s Lease lJy reason of Tenant's defaul t as herei nabove provi ded, or if Tenant shall abandon or vacate the Prenilses before the expi rati on or ternilnati on of the term of this Lease, Landlord shall use its best efforts to relet the Prenilses on the best rental term reasonabl y avai I abl e under the ci rcumtances and i f the full rent al her ei nabove pr ovi ded s hall not be real i zed lJy Landi or d, Tenant shall be Ii abl e for any defi ci ency in rent. kr{ darrcB.ge or loss of rental sust ai ned lJy Landi ord rrcB.y be recovered lJy Landi ord, at Landi ord' s opt i on, at the ti m2 of the rei etti ng, or in separate acti ons fromti m2 to ti m2, as such darrcB.ge shal I have been rrcB.de more easi Iy ascertai nable lJy successive reletti ngs, or at Landi ord' s opti on, rrcB.y be deferred unti I the expi rati on of the termof thi s Lease i n Wli ch event t he cause of act i on shall not be deem2d to have accr ued unt i I the date of expi rati on of such term The provi si ons contai ned in thi s paragraph shall not prohi bi t any cI ai mLandl ord rrcB.y have agai nst Tenant for anti ci patory breach of the unexpi red termof thi s Lease. 18. <INI1\M1l CN I f any part of the Bui I di ng or a subst ant i al part of the Prenilses shall be taken or condenmed lJy any governm2ntal authori ty for any publ i c or quasi - publ i c use or purpose (i ncl udi ng sal e under threat of such a taki ng) then the termof thi s Lease shall cease and ternilnate as of the date Wlen ti tl e vests in such governm2ntal authori tv, and the annual rental shall be abated on the date Wlen such ti tl e vests in such governm2ntal authori tV. I f I ess than a substanti al part of the conmtDn area of the Prenilses is taken or condenmed lJy any governm2ntal authori ty for any publ i c or quasi - publ i c use or purpose, the rent shall be equi tabl y adj usted on the date Wlen ti tl e vests in such governm2ntal authori ty and the Lease shall otherVli se conti nue in full force and effect. Tenant shall have no cI ai magai nst Landi ord (or otherVli se) for any porti on of the amount that rrcB.y be aWir ded as darrcB.ges as ares ul t of any gover nm2nt al t aki ng or condenmat i on (or sal e under threat of such t aki ng or condenmat i on) or for the val ue of any unexpi red term of the Lease. For purposes of thi s ftrti cI e 18, a substanti al part of the Prenilses shall be consi dered to have been taken if more than fi fty percent (50'A of the Prenil ses are unusabl e lJy Tenant. 20. N) PftRTN:RSH P N:>thi ng contai ned in thi s Lease shall be deernd or construed to create a partnershi p or j oi nt venture of or betVl.een the Landi ord and Tenant, or to create any other rei ati onshi p betVl.een the parti es hereto other than t hat of Landi ord and Tenant. 21. BRCKER'S cn.N SSI CN Tenant represents and VlB.rrants that it has incurred no cI ai m or fi nder's fees in connecti on wth the executi on of thi s Lease. 22. f\.Oll CES ,AJ I not ices or ot her communi cat ions her eunder s hall be i n ~iti ng and shal I be deernd duly given if del ivered in person or by certified or regi stered nai I, return recei pt requested, fi rst- cI ass postage prepai d, (i) if to Landi ord at 0 ty of Roanoke, 111 Frankl inRoad; Sui te 200, Roanoke, Vi rgi ni a 24011, ,Attention: Drector of Econonilc, and (ii) if to Tenant, at XXXXXXXXXXXXXXXXXXXXXXXXXXX, unl ess not ice of a change of address is gi ven pursuant to the provi si ons of thi s kti cI e. 23. I-O..D t'{:; OIER I n t he event t hat Tenant shall not i rl1m2di at el y surrender the Prenilses on the date of expi rati on of the term hereof, Lease shall autonati call y renew i tsel f I1lDnth to I1lDnth, at tw ce the Rent rate for the last year of the Lease pi us all other charges accrui ng under thi s Lease, and suQj ect to all covenant s,. pr ovi s ions and condi t ions her ei n cont ai ned. Landi or d and tenant shall both have the ri ght to ternilnate the hol dover tenancy upon thi rty (30) days ~i tten noti ceo Tenant shall not interpose any countercl ai ~s) in a surnnary proceedi ng or ot her act i on based on hol dover. 24. BEt'-EFI T ,AN) BL.Rr:EN The provi si ons of t hi s Lease shall be bi ndi ng upon, and shall inure to the benefi t of, the parti es hereto and each of thei r respecti ve represent at i ves, successors and assi gns. 25. GENIR ,AN) N.J\.43ER Fenilni ne or neuter pronouns shall be substi tuted for those of the nascul i ne form and the pi ural shall be substi tuted for the si ngul ar nunfDer, in any pi ace or pi aces herei n in \/\hi ch the context nay requi re such subst it ut ion. 26. ENll RE I(REEMNf Thi s Lease, t oget her w t h any exhi bi t s at t ached her et 0, cont ai ns and enloodi es t he ent ire agr eernnt of t he par ties her et 0, and representati ons, i nducernnts or agreernnts, oral or otherw se, betVl.een the parti es not contai ned in thi s Lease and exhibi ts, shall not. be of any force or effect. Thi s Lease nay not be mocIi f i ed, changed or t er nil nat ed i n \/\hol e or i n part i n any nanner other than by an agreernnt i n ~i ti ng dul y si gned by both parti es hereto. 27. I tWftll 0 lY CF PftRTI CllPRPROI1 SI eN; I f any provi si on of t hi s Lease or the appl i cati on thereof to any person or ci rcumtances shall to any extent be i nval i d or unenforceabl e, the renai nder of thi s Lease, or the appl i cati on of such provi si ons to persons or ci rcumtances other than those as to \/\hi ch it is i nval i d or unenforceabl e, shall not be affected thereby, and each provi si on of thi s Lease shall be val i d and be enforced to the full est extent per niltt ed by law 28. ~ SLBSTPN:ES Tenant covenant sand VlB.r rant s t hat Tenant, and Tenant's use of Prenil ses and any al terat ions thereto w II at all t i rns cOrlJDl y w t h r r r egul at i on (coil ect i vel y "\M.st e"). Tenant f urt her covenant sand \AB.r rant s that i t VIi II not engage in or pernilt any person or enti ty to engage in any Treatmmt of any \M.ste on or Vlhi ch affects the Prenilses. I ~di atel y upon recei pt of any N:>ti ce (as herei nafter defi ned) fromany person or enti tv, Tenant shall del i ver to Landi ord a true, correct and cOrlJDl ete cop{ of any witten N:>tice. "NJ'tice" shall ~an any not~, notice or report of any suit, proceedi ngs, i nvesti gati on, order, consent order, i nj uncti on, wi t, a\AB.rd or acti on rei ated to or affecti ng or i ndi cati ng the Treat~nt of any \M.ste in or affect i ng the Prenil ses. Tenant hereb{ agrees it VIi II i ndenmi fy, defend, save and hol d harnbess Landi ord and Landlord's officers, di rectors, shareholders, erlJDloyees, agents, partners, and t he respect i ve hei rs, successors and assi gns (coil ect i vel y "I ndenmi fi ed Part i es") agai nst and frolT,1 and to rei nIourse the I ndenmi fi ed Parti es VIi th respect to, any and all daITcllges, cI ai m, Ii abi I i ti es, loss, costs and expense (i ncl udi ng, VIi thout Ii niltati on all attorney's fees and expenses, court costs, adnilni strative costs and costs of appeal s), incurred b{ or asserted agai nst the I ndenmi fi ed Parti es b{ reason of or ari si ng out of: (a) the breach of any representati on or undertaki ng of Tenant under thi s secti on or (b) ari si ng out of the Treat~nt of any \AB.ste b{ Tenant or any licensee, concessi onai re, ITcIlnager or ot her party occup{i ng or usi ng the Prenil ses. Landi ord is gi ven the ri ght, but not the obi i gati on, to inspect and moni tor the Prenilses and Tenant's use of the Prenilses, i ncl udi ng the ri ght to revi ewpaperVlOrk associ ated VIi t h Treat ~nt act i vi ties i n order to confi rmTenant 's cOrlJDl i ance VIi t h the term of thi s Secti on. Landi ord ITcIly requi re that Tenant del i ver to Landi ord concurrent Vlith Tenant's vacati ng the Prenilses upon the expi rati on of thi s Lease, or any ear I i er vacat i on of the Pr enil ses b{ Tenant, at Tenant's expense, a certi fi ed state~nt b{ licensed engi neers sati sfactory to the Landi ord, inform and substance sati sfactory to Landi ord, stati ng that Tenant, and any al terati ons thereto and Tenant's use of the Prenilses cOrlJDl i ed and confor~d to all LaVIS rei ati ng to the Treat~nt of any \M.ste in or affecti ng the Prenilses. . Tenant agrees to del i ver upon request from Landi ord estoppel certi fi cates to Landi ord expressl y st i pul at i ng Vlhet her Tenant is engaged i n or has engaged in the Treat~nt of any \M.ste in or affecti ng the Prenilses, and Vlhether Tenant has caused any s pi II, cont anil nat ion, di schar ge, leakage, rei ease or escape of any \M.st e i n or affecti ng the Prenilses, Vlhether sudden or gradual, acci dental or anti ci pated, or any ot her nat ur e at or affect i ng the Pr enil ses and Vlhet her, tot he best of the Tenant's knorJedge, such an occurrence has otherVlise occurred at or affecti ng the Prenil ses. 29. I N;L.RAN::E Pri or to the del i very of possessi on of the Prenilses to Tenant, Tenant shall provi de Landi ord evi dence sat i sf act ory to Landi ord (i) that fi re and casual ty and VIOrkers' conp>ensati on pol i ci es in arnDunt and inform and content satisfactory to Landlord have been issued b{ a conp>a.ny or conp>a.nies sati sfactory to Landi ord and VIi II be ITcIli ntai ned throughout the course of Tenant's VIOrk at Tenant's cost and expense and (ii) that Tenant has cOrlJDlied Vlith the cOrlJDrehensive liability insurance require~nts set forth in the follCMing par agr aph. wi tten or endorsed so as to protect Landi ord, its offi cers, agents and erlJDl oyees as addi ti onal insureds. The Tenant agrees that the above stated I inilts and coverages are nilni mum Ii nilts and coverages, and that Tenant shall provi de such addi ti onal insurance as set forth above, in such amounts and agai nst such ri sk as lTcIly be requi red in the Landi ord's sol e but reasonabl e j udg~nt, to equal the amount sand types of cover ages car r i ed 0{ pr udent CMller sand oper at or s of properti es si nil I ar to the Bui I di ng. Tenant shall increase such I; nilts at its di screti on or upon reasonabl e request of Landi ord but not more often than once every year and such increases shall not be in excess of general I y accepted standards in the industry. Tenant covenants that certi fi cates of all of the i nsur ance pol i ci es requi red under t hi s Lease, and t hei r reneVIB.1 or repl ace~nt, s hall be del i ver ed to Landi or d pr onpJt I y VIi t hout delTcllnd upon t he corl1lltnce~nt of the termof thi s Lease and upo'1 each reneVIB.1 of the insurance. Such pol icy or pol i ci es shall al so provi de that it shall not be cancel I ed nor shall there 0{ any change i n t he scope or amount of cover age of t he pol icy VIi t hout t hi rty (30) days pri or wi tten noti ce to Landi ord. I f sa~ is not provi ded VIi th ten (10) days after delTcllnd, Landi ord is authori zed to secure such pol icy fromsuch conp>ani es as it deem appropri ate and coil ect from Tenant in such a ITcIlnner as it deem appropri ate the cost of the prenilum 30. SEG.RIlY CEPa;1 T ( a) #IO.Nf CF CEPa;1 T Tenant VIi II deposi t a sum of $ 5 00 VIi t h the Landi ord before the corl1lltnce~nt of thi s Lease. Such deposi t shall be hel d 0{ Landlord, Vlithout liability for interest, as security for the faithful per f or ITcIlnce 0{ Tenant of all of the t er m, covenant sand condi t ions of the Lease 0{ Tenant to be kept and perfor~d duri ng the termhereof. I f at any ti ~ duri ng the termof thi s Lease any of the rent here; n reserved shall be overdue and unpai d, or any other sumpayabl eO{ Tenant to Landi ord hereunder shal I be overdue and unpaid, the Landlord lTcIly, at the option of Landlord, appropri ate and appl y any porti on of such deposi t to the pay~nt of any such overdue rent or ot her sum ( b) LEE ,6N) RETLRN CF CEPa;1 Tin t he event of the f ai I ur e of Tenant to keep and performany of the term, covenants, and condi ti ons of thi s Lease to be kept and perfor~d 0{ Tenant, then the Landi ord at its opti on lTcIly appropri ate and appl y the enti re such deposi t, or so much thereof as lTcIly be necessary, to corqoensate t he Landi ord for loss of dalTcllge sustai ned or suffered 0{ Landi ord due to such breach on t he part of Tenant. Shoul d the enti re deposi t, or any porti on thereof, be appropri ated and appl i ed 0{ Landi ord for the pay~nt of overdue rent or other sum due and payabl e to Landi ord 0{ Tenant hereunder, then Tenant shall, upon the wi tten delTcllnd of Landi ord, forthVlith renilt to Landi ord a suffi ci ent amount in cash to restore such securi ty to the ori gi nal sumdeposi ted, and Tenant's fai I ure to do so VIi thi n fi ve (5) days after recei pt of such delTcllnd shall consti tute a breach of thi s Lease. Shoul d Tenant cOrlJDl y VIi th all of such term, covenants and condi t ions and pronpJt I y pay all of t he rental herei n provi ded for as it fall s due, and all at her sum payabl e 0{ Tenant to Landi or d hereunder, such deposi t shall be returned in full to Tenant at the end of the Lease Termor upon t he ear I i er t er nil nat i on of t hi s Lease. :l1 I t...~I\&.1 1:1 rA"T1 ~I T^_...,,_+ ...,,_.... __,... + _ ,.......1..._ ...._....J + _ _... _+ __+- : _-1___: &... __..J 1-_1 -I cont r act or s or agent s. 32. CThf>L1,Al\U WlH lAW) ftN) RECllAl1 eN) Tenant agrees to and w II cOrlJDl y w t hall appl i cabl e f eder ai, stat e and local I a\i\5, or di nances and r egul at ions. Tenant acknCMJ edges and agrees that it w II di spose of trash and grease in the contai ners desi gnated Of the Landi ord for such di sposal and not di spose of such substances in a nanner that \/IDuld violate applicable federal, state and local I a\i\5, or di nances or r egul at ions. 33. FCRLM SELEcn CN ftN) an CE CF LPW By vi rt ue of ent er i ng i nt 0 t hi s Lease, Tenant subnilts i tsel f to a court of conp:>etent juri sdi cti on in the 0 ty of Roanoke, Vi r gi ni a, and fur t her agr ees that t hi s Lease i s cont roll ed Of t he I a\i\5 of the CornmDl1VIeal t h of Vi r gi ni a and t hat all cI ai m, di s put es, and ot her natt er s shall onl y be dec i ded Of s uc h cour t accor di ng tot he I a\i\5 of t he CornmDl1VIeal t h of Vi rgi ni a. 34. FCRCE ~ ELRE I n t he event that ei t her par t y her et 0 s hall be del ayed or hi ndered in or prevented from the perfornance of any act requi red hereunder Of reason of stri kes, lockouts, labor troubl es, i nabi I i ty to procure nateri al s, f ai I ur e of pc:Mer, rest r i ct i ve gaver nl1tnt al I a\i\5 or r egul at ions, riot s, i nsurrecti on, \AB.r, or other reason of a like nature not the faul t of the party . del ayed in perfornilng the \/IDrk or doi ng acts requi red under the term of thi s Lease, then the ti I1t all <:Med for perfornance for such act shall be extended Of a period equivalent to the period of such delay. The pravi sions of thi s Section shall not operate to excuse Tenant. fromthe pronp:>t payl1tnt of rent, CornmDn kea Mli nt enance Fee or any ot her payl1tnt s r equi red Of the t er m of t hi s Lease. 35. EClW.. EM'LCXMNr CPPCRTLN lY: DJri ng the perfornance of thi s Pgreel1tnt, Tenant agrees as foil 0JIb: (a) Tenant wll not discrinilnate against any erlJDloyee or applicant for erlJDl oyl1tnt because of race, rei i gi on, color, sex, nat i onal or i gi n, age, di sabi I i ty, or any other basi s prohi bi ted Of state I aw rei ati ng to di scr i nil nat i on i n erlJDl oyl1tnt, except Vlher ether e i s a bona fide occupat i onal qual i fi cat; on reasonabl y necessary to the nornal operati on of its busi ness. Tenant agrees to post in conspi cuous pi aces, avai I abl e to erlJDloyees and appl i cants for erlJD1oyl1tnt, noti ces setti ng forth the pravi si ons of thi s nondi scr i nil nat i on cI ause. ( b) Tenant, i n all sol i ci tat ions or advert i sel1tnt s for erlJDl oyees pi aced Of or on behal f of Tenant, w II state that Tenant is an equal opportuni ty erlJDloyer. (c) Tenant w II i ncl ude the pravi si ons of the f oregoi ng subsect ions (a) and ( b) in every contract or purchase order of aver ten thousand dollars and no cents ($10,000.00) so that the pravisions wll be binding upon each cont r act or or vendor. 36. ffiLG FREE V'ffiKPLPCE: (a) DJring the perfornance of this Pgreel1tnt, Tenant agrees to (i) pravide a drug- free \/IDrkpl ace for its erlJDloyees; (i i) post in conspi cuous pi aces, provisions of the foregoi ng clauses in every subcontract or purchase order of over $10,000, so that the provi si ons w II be bi ndi ng upon each subcont ractor or vendor. (b) For the purposes of this section, Idrug-freeW)rkplace" ntans asitefor the , perfornance of W)rk done in connecti on w th a speci fi c contract aVlB.rded to a cont r act aVlB.r ded to a cont r act or, the enp>1 oyees of \/\hom ar e pr ohi bi t ed fromengagi ng in the unl aVlful nanufacture, sal e, di stri buti on, di spensati on, possessi on or use of any cont roll ed substance or nari j uana duri ng the per f or nance of the Pgr eentnt . 37. RLLES ,AN) REG.lAll eN) Tenant agrees to conp>1 y and adhere to Landi ord's r ul es and r egul at ions concer ni ng the Bui I di ng as st at ed i n the att ached Exhi bi t "D' attached hereto and nade part of thi s Lease 38. SI CNX:E Tenant agrees to conp>1 y and adhere to Landi ord's regul ati ons concerni ng si gnage as stated in the attached Exhi bi t "E" attached hereto and nade part of t hi s Lease. 39. 0JAR,6NfY By virtue of entering into this Lease, Tenant agrees to have executed the GJaranty contai ned in Exhi bi t "F" attached hereto and nade part of thi s Lease. Such GJarantor( s) shall fi rst be approved by' Landi ord in wi ti ng. Tenant agrees to provi de i nfornati on concerni ng GJarantor( s) to Landi ord upon request. 40. L1,AB1 LIlY CJ L.PN:l.CJID Landi ord shall not be Ii abl e to Tenant, its enp>loyees, agents, busi ness i nvi tees, licensees, custontrs, cI i ents, fanill y ntnloers, guests or trespassers fromany danage, conp>ensati on or cI ai mari si ng from the necessi ty of repai ring any port i on of the Bui I di ng, the i nt er r upt j on i n the use of the Prenilses, accident or danage resulting from the use or operation ( Landi or d, Tenant, or any ot her per son or per sons \/\hat soever) of el evat or s, or heat i ng, cool i ng, el ect r i calor pi unIDi ng equi pntnt or appar at us, or the ternil nat i on of t hi s Lease by' reason of the dest ruct i on of the Prenil ses, or from any fi re, robbery, theft, and/or any ot her casual tv, or from any leakage i n any part or port i on of the Prenil ses or the Bui I di ng, or fromVlB.ter, rai n or snQ/V that nay leak into, or fl Q/V froIT,1 any part of the Prenilses or the Bui I di ng, or from drai ns, pi pes or pi unlDi ng W)rk in the Bui I di ng, or from any other cause \/\hat soever. Any goods, property or personal effects, stored or placed by'Tenant in or about the Prenilses or Bui I di ng, shall be at the ri sk of Tenant, and Landi ord shall not in any nanner be hel d responsi bl e therefore. The enp>loyees of Landi ord are prohi bi ted from recei vi ng any packages or other arti cI es del i vered to the Building for Tenant, and if any such enp>loyee receives any such package or art i cI es, such enp>loyee shall be t he agent of t he Tenant and not of Landi ord. 41. TENANT I M'ROIEMNfS Landi ord w II ensure current el ectri cal outlets are in proper W)rki ng order, an additional outlet is instal led, light fi xt ures are in proper W)rki ng order, bot h exteri or doors are full y funct i onal , baseboards w II be repl aced, floor t i I es w II be buffed and VlB.Xed and new cei ling ti I es install ed in space. 42. BLEI t-BS rnR I\,{[] FI CAll CN Landlord hereby' grants to Tenant an Wt ness 5i gnat ure Wtness Pri nted Nu~ Wt ness 5i gnat ure Wt ness Pri nted Nm~ LANl..CRD a lY CF RO*O<E By: Pri nt Nm~: Dlrl ene Burcham li tie: 0 tv Mlnager Wtness Si gnature 1EN6Nf: Wtness Pri nted Nm~ Wtness 5i gnature Wtness Pri nted Nm~ By: Pri nt Nm~: Ron McCorkle li tl e: XXXXXXXXXX. Owner 55#. EXHIBIT A FLCIR PL.AN EXHIBIT B (IM,{J\J AAEA5 FLCIR PL.AN ,Attach here EXHIBIT C ., I\.{NJ ,Attach here if Food Court Tenant Intentionally Omitted EXHIBIT D RLLES ,AN) REillAll eN) 1. ,All trash must be kept in a covered container, or if requested by Landlord, in a Du~ter or si nnlar contai ner furni shed and serviced at Tenant '5 expense. 2. Tenant shall keep lights on in shOl\lw ndCM6, I eased food court space and lights on under ITcIlrquee, if any, from 10: 00 a. m unti I 6: 00 p. m 3. Tenant agrees to handl e all del i veri es and refuse through the Sal em Atenue ent r ance (i f one) of the Pr enn ses. 4. N:> 5 i gn 5 hall be per ITcIlnent I y aff i xed tot he pi at e gl as 5 of any W ndOl\l w thout pri or wi tten consent of Landi ord. 5. N:> sol i ci tati on ITcIlteri al shall be di spl ayed i nsi de the bui I di ng or aff i xed tot he ext er i or of t he bui I di ng. 6. Tenant shall keep Prennse's, w ndCM6 and w ndOl\l frams cI ean (i nsi de and out) at all ti ms and vash themV'.eekl y. 7. Tenant shall keep Prennses' floars free of trash, chew ng gumand other debri 5, and shall scrub and vax all ti I e or pi asti c fl oari ng at I east V'.eekl y. 8. Tenant is responsi bl e for the repl acemnt of light bul bs in its space 9. Tenant is responsible for the replacemnt of air-filters and the nmnthly lTcIli nt enance of t hei r exhaust fans i nit 5 Pr enn ses by a licensed cont r act or on a bas i 5 pr edet er nn ned by t he Landi or d. 10. Tenant shall be responsibl e for breaki ng dCWl and havi ng all cardboard boxes ready for pi ck up. 11. (ppplies only to Food Court Vendors) Providing the availability of space for the purpose of storage, Landi ord w II allocate equal I y anmng all food vendors a set anmunt of space for the storage of a freezer or a refrigerator, food ite~ and paper products. Ite~ must be stored in accordance w th I-eal th and Fi re codes. N:> restaurant equi pmnt (unused or in disrepai r) is to be stored in the area under any ci rcu~tances. kry prohi bi ted i te~ stored in t hi 5 area w II be renmved at Tenant '5 . 1_ EXHIBIT E 51 eN REillAll CN N:> si gn, adverti semnt or noti ce shall be i nscri bed, pai nted, affi xed or di splayed on val Is, wndCM6, or any part of the outside or the inside of the Bui I di ng i ncl udi ng the di rectori es, in pi ace, nunlDer, si ze, color and styl e, unl ess approved by Landi ord. I f Tenant nevert hel ess exhi bi t 5 such si gn, adverti semnt or noti ce, Landi ord shall have the ri ght to renmve the sam and Tenant shal I be I iable for any and all expenses incurred by Landlord by such renmval. Tenant further agrees to lTcIli ntai n such si gn, canop{, decorati on, letteri ng, advertisi ng ITcIltter or other thi ng as lTcIly be approved in good condi t i on and repai r at all t i ms. Landi ord shall have the right to prohi bi t any adverti semnt of Tenant v,hi ch in its opi ni on tends to i np>ai r the reputati on of the Bui Idi ng or its desi rabi I ity as a high-qual ity festival ITcIlrketplace for retai I stores or food rei ated busi nesses, other i nsti tuti ons of like nature, and, upon wi tten noti ce from Landi ord, Tenant shall i ~di atel y refrai n from and disconti nue any such advertisemnt. EXHIBIT F OJARANTY PERSCNAl QJARANfEE Intentionally Omitted The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times - - - - - - ~ ~ - - - - - - - - - - - - ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - -- OFFICE OF ECONOMIC DEVELOPMENT 111 FRANKLIN PLAZA STE 200 ROANOKE VA 24011 PUBLISHED ON: 11/09 \\\\""I"llt .........' ,<. BEL.. "" ...... ~~ ...... C..x " l ~,"'NOTARY"",~"-:, :: ~ : PUBLIC ". ~ ~ * :" REG. #272916 ~ * -; ~ :. MY COMMISSION : ~ : -:. 'a ". EXPIRES : ~ :: \%-;....3/31/JJ;.})...if....:: ",,01tWFA' L' ~~ '()X ~ ............ '" C. \ II \\' "'"11'\'\\ ----_._--~~ NOnCE OF PUBLIC , HEARING . . . The City of Roanoke ,"..'" .. ,,," .. Sharebike, LLC, 472 square I feet of City-owned pro. perty located in the City Market Building at 32- Market Square, Roanoke, Virginia 24011, to be used for a bicycle rental business and to"hold bicycle safety .classes, for a term of one year, commencing November 19, 2007,and expiring November 1B, 2008. Pursuant to the requirements of ~~15.2-1800 and 1813, of the 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 . ~it~e~~a~~eeting to ~7~ 1 held on Monday, Novemb,er\ 19, 2007, commencing at I 7:00 p.m., in the Council1 f Chambers on the 4th Floor of the Noel C. Taylorj Municipal. Building, located I at 215 Church Avenue, S.W.,i Roanoke, Virginia 24011. I Citizens shall' have the I opportunity to be heard and express their opinions on this matter. If you are a person with a disability who needs accom'modations fore this hearing, please contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday, November 15,2007. GIVEN under my hand this 6th day of November, 2007. Stephanie M. Moon, CMC, City Clerk REFERENCE: 80084300 10591846 NOTICE OF PUBLIC HEA State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this I,:;:!il. day- of November 2007" Witness my hand ~~~-~~~ici~l seal. ___~~~ ~~_~1~_________ Notary Public My commis;qon expires ffiMLh.3J doll . -- - - ,-------- (10591846) TOTAL COST: 177.00 FILED ON: 11/09/07 -:- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - -- Authorized ~ J) Signature'_~~~ '- \ Billing Service~Representative -I -c ..-:. I rn :>0 r:: .. -:s::' -.J f-=i -:;::. '. ......... ....... cr', ....:) ~1 C.oJ ..::;.. cr', v;t2c r~, NOTICE OF PUBLIC HEARING The City of Roanoke proposes to lease to Sharebike, LLC, 472 square feet of City-owned property located in the City Market Building at 32Market~quare, Roanoke, Virginia 24011, to be used for a bicycle rental business and to hold hicycle safety clas~~~Tf6r a term of one year, commencing November 19,2007, and expiring November 18,2008. Pursuant to therequirements of ~~15.2-1800 and 1813, of the Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Monday, November 19, 2007, commencing at 7:00 p.m., in the Council Chambers on the 4th Floor of the Noel C. Taylor Municipal Building, located at 215 Church Avenue, S.W., Roanoke, Virginia 24011. Citizens shall have the opportunity to be heard and express their opinions on this matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday, November 15,2007. GIVEN under my hand this 6th day of November ,2007. Stephanie M. Moon, CMC City Clerk ~ . N-Bikeshare, LLC - 11-19-07 Notice to Publisher: Publish in the Roanoke Times once on Friday, November 9,2007. Send affidavit to: Stephanie M. Moon, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 Send bill to: Brian Brown Economic Development Administrator 111 Franklin Plaza, Suite 200 Roanoke, Virginia 24011 (540) 853-2715 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: cierk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELlA R. TIREE Assistant Deputy City Clerk November 20, 2007 Darlene L.' Burcham City Manager . Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No.3 7960-111907 authorizing the alteration and closing by barricade approximately 1,950 feet of Wiley Drive, S. W.; and dispensing with the second reading by title of this ordinance. The abovereferenced measure was a,dopted by the Council, of the City of Roanoke at a regular meeting held on Monday, November 19, 2007, and is in full force and effect upon its passage. Sincerely, ~h1.~nv Stephanie M. Moon, CMC - City Clerk SMM:ew Attachment pc: The Honorable Brenda S. Hamilton, Clerk of Circuit Court R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Director, Office of Management and Budget Steven J. Talevi, Assistant City Attorney PhilipC. Schirmer, P.E., L.S., City Engineer Luke E. Pugh, P.E., Civil Engineer II ~\~ \~~ IN THE COUNClL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 2007. No. 37960-111907. AN ORDINANCE authorizing the alteration and closing by barricade and removal of pavement of a certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. WHEREAS, the City of Roanoke filed an application to the Council ofthe City of Roanoke, Virginia, in accordance with law, requesting the Council to alter and close by barricade and removal of pavement of a certain public right-of-way described hereinafter; . . WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by ~30-14, Code ofthe City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held on such application by the City Council on November 19,2007, after due and timely notice thereof as required by ~30-14, Code of the City of Roanoke , (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closure by barricade and removal of pavement of a certain public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no substantial inconvenience will result to any individual or to the public from aiteringand closing by barricade and removal of pavement of a certain public right -of-way, and that such alteration will promote the safety and welfare of those using the subj ect public right-of-way in the vicinity of the right-of-way to be closed. THEREFORE, BE IT ORDAINED by the Council ofthe City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly ~escribed as follows: approximately 1,950 feet of Wiley Drive, S.W., more specifically described as that portion of Wiley Drive beginning under the east side of the Main Street bridge and ending at the greenway trail head, approximately 130 feet from Winchester Drive, S.W., be, and hereby is, altered and closed by way of a barricade, with the pavement removed, as described in such application. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "Altered and Closed by Barricade" on such right-of-way on all maps and plats on file in his office on which slJ.ch right-of-way is shown, referring to the book and page of ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this Ordinance shall be spread. BE IT FURTHER ORDAINED that the City Clerk deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, an attested copy ofthis ordinance in order that such Clerk may make proper notations, if any, ofthe alteration and closing by barricade as described above on all maps and plats recorded in that office on which Wiley Drive, S.W., and Winchester Drive, S.W., appear. BE IT FINALLY ORDAINED that pursuant to the provisions of S 12 of the C~ty Charter, the second reading of this ordinance by title is hereby dispensed with. ... h1.~ City Clerk. O-City - Close by Barricade - 1950 feet - Wiley Drive, SW 11-19-07 2 CITY OF ROANOKE PLANNING BUILDING & ECONOMIC DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning@roanokeva.gov Architectural Review Board Board of Zoning Appeals Planning Commission November 19, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Request from the City of Roanoke to close by barricade, approximately 1,950 feet of Wiley Drive, S.W., more specifically described as that portion of Wiley Drive beginning under the east side of the Main Street bridge and ending at the greenway trail head, approximately 130 feet from Winchester Drive, S.W., in order to allow for bench cut construction as part of the Roanoke River Flood Reduction project. Planning Commission Action: Planning Commission public hearing was held on Friday, October 19, 2007. A brief summary of the Planning Commission public hearing can be found at the end of this report. Bya vote of 5-2 (Messrs. Chrisman, Rife, Manetta, Scholz and Ms. Prince voting for and Mr. Williams and Mrs. Penn voting against), the Commission recommended that City Council approve the requested closure by barricade. Recommendation: By a vote of 5-2, the Planning Commission recommends approval of the request to close the portion of Wiley Drive, S.W. by barricade. Granting the request will further progress on the Roanoke River Flood Reduction project and will not impact vehicular access to Wasena Park. Section 30.14 (5) of the Code of the City of Roanoke states the following standards for street and alley vacation requests: "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 Members of City Council Page 2 November 19, 2007 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." Respectfully submitted, ~~ Henry Scholz, Chairman City Planning Commission ( cc: Darlene L. Burcham, City Manager R. Brian Townsend, Assistant City Manager Steven J. Talevi, Assistant City Attorney Phil Schirmer/Luke Pugh, Engineering \ Members of City Council Page 3 I November 19, 2007 Application Information Request: Closure by barricade of a portion of Wiley Drive, S.W. Owner/Applicant: City of Roanoke Representative: Luke PUQh, Engineer City Staff Person: I Frederick Gusler Site Address/Location: Wiley Drive, S.W. Official Tax Nos.: 1222301,1121401,1121401R, Site Area: 26 acres Existing Zoning: ROS, Recreation and Open Space Proposed Zoning: n/a Existing Land Use: Improved street Proposed Land Use: Green space, benchcut Neighborhood Plan: Wasena Specified Future Land Public Park Use: I Filing Date: Original Application: September 5, 2007 Background: The portion of street requested for closure is an improved two-lane street. The applicant owns the adjoining properties, Official Tax Map Nos. 1222301, 1121401, and 1121401 R. The portion of the street i$ primarily used for access to Wasena Park. " The impetus for the request is the Roanoke River Flood Reduction Project. The federally funded project will help reduce flooding along the Roanoke River by creating benchcuts along the banks of the river. The subject portion of Wiley Drive is slated to become part of the benchcuts, which are terraced indentations of the bank that serve to widen the river. Considerations: Surroundinq Zoninq and Land Use: Zoning District Land Use Norlh RM-1, RM-2, Residential Mixed Density, IN, Residential, Public Institutional Facilities South 1-2, Industrial District Recreation (applicant's property) East RM-2, Residential Mixed Density Residential West 1-1, Industrial District Right-of-way, River Members of City Council Page 4 November 19, 2007 Compliance with the Zoninq Ordinance: The proposed vacation will have no impact on the zoning map or the zoning of the adjoining properties. Conformity with the Comprehensive Plan and Neiqhborhood Plan: The request is consistent with the future land use plan of the Wasena Neighborhood Plan, and with the goals of Vision 2001-2020 to reduce flooding conditions on the Roanoke River. Public Utilities The area is served by public utilities. Staff received comments from Verizon, AEP, the Western Virginia Water Authority, and Roanoke Gas, all of which stated no objection to the request. City Department Comments: Staff received no comments in objection to the request. Public Comments: None Planninq Commission Public Hearinq Summary: Citizens appearing with objections and/or questions about the closure were as follows: Barbara Duerk (2607 Rosalind Avenu~, SW) Frank'Bergmann (1234 Brookview Drive, Roanoke County) Owen Grogan (3344 Valle~ View Avenue) E. Duane Howard (1221 6 h Street, S.E. Mark Peterson (405 Allison Avenue, S.W.) Betty F.ields (2802 S. Jefferson Street) Kristin Shimp (Winchester Avenue, S.W.) submitted an email in objection which was read to the Commission. Objections were based on opposition to the removal of mature trees, desire to retain Wiley Drive to access parking spots along the, impacts on fish stocking, access to picnic shelters and removal of a path to separate bicyclists from pedestrians using the greenway trail. Several speakers asked for a redesign of the flood control project and planting of more trees. One speaker expressed concern that the closing would interfere with a planned event (it would not) and another felt that the closure by barricade request was confusing since the road would actually be removed. Members of City Council Page 5 November 19, 2007 Engineering staff explained the flood control goals for the project, the changes that had been negotiated with the Corps of Engineers to protect more of the existing trees along the river bank, that handicap access is provided, that improved lighting of the greenway path is being studied, that the project has been discussed in the public for many years, that the closure by barricade was a proper description since the City of Roanoke would retain rather than vacate the right-of-way. Staff is working with the Corps to retain as many trees as possible and will plant more trees than are removed. Staff is also working with the U.S. Fish and Wildlife Service to fund the raising of the low water bridge, but that was not a part of this project.. .! \ I / RECEIVEL ROANOKE Date: September 4, 2007 To: Departmentof Planning Building and Economic Development Room 166, Noel C. Taylor MuniCipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Phone: (540) 853-2541 Fax: (540) 853-1145 All submittals must be typed and include all required documentation and a check for the filing fee. Application is hereby submitted for street or alley closure by barricade for the property located at: Location and description of street or alley to be closed: A portion of Wiley Drive located in Wasena Park (Tax Map 111222301). The proposed closed portion begins under the Main Street Bridge and ends, upstream of the Roanoke River, at the greenway trail head near Winchester Drive. Reasonforrequest: As part of the Roanoke River Flood Reduction pro;ect, Wiley Drive will need to be closed by barricade to allow for benchcut construction. See attachments for further information. Name of Applicant/Contact Person: Darlene L. Burcham Mailing Address: 215 Church Avenue. SW Room 350 Roanoke VA 24011 Telephone: (54~ 853-5208 Fax: (54);! 853-1364 APPlicant(~igfflatur# !I r-)(\jJ;~~ / L/ v, -:YI- " # ' y E-mail: luke. pugh@roanokeva.gov , ~ Application Street or Alley Closure by Barricade Continued The City of Roanoke' Engineering Division and Parks and Recreation Department have developed conceptual plans to mitigate the loss of trees and parking due to the benchcut construction. The demolished portion of Wiley Drive will not be replaced. See attached Exhibits 3 & 4. In addition, the contractor will maintain a riparian buffer along the edge of the river as performed in previous benchcut construction. See Exhibit 5. (j) "'0 CI:l c..> .~ .... CI:l co >, .0..- (j)::t:I:: .... - ::J'- (/);Q o.r:. -x Uw (j) > .~ Cl >, ~ ~ 000 REDUCTION ROANOKE RIVEL~~~ING PROJECT RIPARIAN P " " TIVE PLAN 2 "ILLUSTRA WASENAPARK ENTSAT " IMPROVEM oke. Virginia City of Roan Q lno". 1 t U" ~""} ~ )[25, rr'~:. 0 \ i / ,L-L 'i',: :'y \ ~9 E'C I ': " )~--- / _O~'_l - .,! 0 '\ 1 r(~=--~:::...-:..-:.._:..--=-.:::-.:::-~ , I / / _I ; I '~\ j '--, j J ; ( _ ~j 1)00 (Jo[ll ',' ' IL~. It I] . ' ~._-.- -"" ---~...*c :'=::iL"j :, : (j'! n_ -.--------,.-~ '''''' '-"0' I _ --.J .....g---tJ\')~ ' "."0 -- ,~",,~';I x -w l." ) ~ ' -- ::-.-- " 'I ; ~.=~= ; t! I :~72::~~: -rrr,..r'C'0 (,~ all/// ./ / ,/ ./ /,// / II If II II :II I, :1, 011 /10 :1/ 0: Ui II II I I II q I Ii II /1 II II II II o I I If f~ /If '_, 1 \ 1 fl f( - :;; ,. 'U ,. :ri ^ " ~~I I / I 1 / ..._ ""'0" r , o //"7)' ",/,','~, / ,; I l.,r"/ ~ ni Fl: 'l .;. i mil!! ; I !;~ II! ' , ~ l!nl~ ! ~ ; ,'. '" " . ~ ! f~;; : i a -f~ tt ~ ~ I--~ - o i: 'U ::D [l$? -<~ 8.m ::DZ o -l ~ (fJ ~~ ,'" :;; ~.G; 2~ ~ ~)> 'U ,. ::D ^ ;ll ;ll ~ i - Z i ~O I ;= ~ ~ I ~ ~ ~ I ~ ;~ I ~ Z"TI I m =q; I 'U i50 ! ~ -0 C Z ;ll;ll egJ me (")(") -l-l 5 Z The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times - - - --- - -- - ----------- --- ---- -~ _ -~_ __ -'-__ __ __ __ _ _ ___+_ _ _____ ___J.____ ___ ______ STEPHANIE M. MOON CITY OF ROANOKE CLERK'S OFFICE 215 CHURCH AVE SW RM 456 NOEL C. TAYLOR MUNICIPAL BLDG. ROANOKE VA 24011 I REFERENCE: 32143302 10582065 PH City {Barricade State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the ,annexed notice was published in said newspapers on the following dates: ~ City/County of Roanoke, Commonwealth/State of 'virginia. Sworn and subscribed before me this _L$~__day of November 2007. Witness my hand and official seal. __ti~~ ~~~~~__________ Notary Public My commi~ion expires -~nA~~~Jr~Jl______. \,\,'111"'"" ...,..., ,<. BEL.C "~, .... /;~ ......... Iy ~ ~, .. y' "oJ'...~ ' ~ <(' ..'NOii\T"\' ".1-=:' ~ ~.: pueUC .... .. ~ =: #'2.7'2.916:: : .... : REG. l'l . ~ - - "?" . CO"NlISSIO: - - - . 1IfN W' . ~ = ;. Cl ". 8I-P1I'-cS.: ~ :: -:., ~ ..... 'jr~11~"~~"..:: "~o. ........ (J"'< " "'" /1IWEAL1\\ "" ""'"11"" PUBLISHED ON: 11/02 11/09 TOTAL COST: FILED ON: 366.00 11/09/07 NOTICE OF PUBLIC HEARING ' The Council of the City of, Roanoke will hold a public hearing on Monday' November 19, 2007, at 7:00i p.m., or. as soon thereafter as the matter may be heard' , lin the Council Chamber;; f,ourtli floor, In the Noel C" I Taylor Municipal Building, ,215 Church Avenue, S.W., ,Roanoke, Virginia, to ',consider the following: I Request from the City of IRoano'ke to close by barricade and removal of i pavement of approximately ! 1:,950 feet of Wiley Drive, S.W., more specifically ! described as that portion of i Wiley Drive beginning under the east side of the Main ! Street bridge and ending at : the greenl"ay trail head, ; approximately 130 feet from I ~~~~ht~s~TI~~r)~;;;;~~~h~~~l construction as part. of ih'e Roanoke RiYllTFiloo,d' Reduction project. ' . A copy of the application is available for review in the Office of the CityCierk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia:'1 All parties in int, erest and I citizens may appear on the above date and be heard on' i the malter. If you are a' i person with a disability who! needs accommodations for~ [this hearing, please conta'ct I'the City ,Clerk's Office, at ,853-2541, before noon onl I Thursday, November 15, ,2007. . , GIVEN under my hand this! ,30th day of October, 2007. : Stephanie M. MOQn, CMC,' , . City Clerk, 1(10582065) I - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + - - - - ~ - - - - - - - - - - - - - -, - - - - - Bill,.ing ~ ,,--:1 Service~ Representative .:"") ,- rn " :::-::: ... ,<:"'.. .:::J ....,.. ~ I-'- cr', "'r,) ::a: .s:. GJ ,.:.::.. ,0'1 /i j.L, \. 9 ,0( ~~{\ v NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Monday, November 19, 2007, at 7 :00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, fourth floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider the following: Request from the City of Roanoke to close by barricade and removal of pavement of approximately 1,950 feet of Wiley Drive, S.W., more specifically described as that portion of Wiley Drive beginning under the east side of the Main Street bridge and ending at the greenway trail head, approximately 130 feet from Winchester Drive, S.W., in order to allow for benchcut construction as part ofthe Roanoke River Flood Reduction project. A copy of the application is available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at 853-2541, before noon on Thursday, November 15,2007. GIVEN under my hand this 30th day of October ,2007. Stephanie M. Moon, CMC, City Clerk K:\NOTICES\N-CITY - BARRICADE 1,950 IT OF WILEY DRIVE, SW 11-19-07,DOC Notice to Publisher: Publish in the Roanoke Times once on Friday, November 2,2007 and November 9,2007. Send bill and affidavit to: Stephanie M. Moon, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 Council of the City of Roanoke Public Hearing, 7:00 p.m., Monday, November 19, 2007 (3) Request of the City that 1,950 feet of Wiley Drive, S.W. be closed Statement of M. Rupert Cutler 204 S. Jefferson Street, Unit 4 Roanoke, VA 24011 Mayor, Members of Council, my name is Rupert Cutler. I reside at 204 S. Jefferson Street. I am Vice Chair of the Western Virginia Water Authority. I am speaking in my personal capacity. I support the request of City staff and the Roanoke Valley Greenway Commission that you vote to close Wiley Drive, S.W., between the east side of the Main Street Bridge and the greenway trailhead. I am a forester. I taught forestry at Michigan State University and supervised the U.S. Forest Service during the Carter Administration. I am a "tree-hugger." As a staff member of national conservation groups including The Wilderness Society, I successfully advocated perpetual protection of hundreds of thousands of forested acres through the establishment by Congress of many new wilderness areas. I am a greenway trail user. I urge prompt completion of the envisioned network of greenway trails in the Roanoke Valley. Greenway trails are a magnet to attract active young professional workers and their families to Roanoke. They are a way to provide healthful outdoor recreation opportunities to Roanoke citizens. They allow children to walk to school and adults to walk to churches and shopping areas. 2 They protect riverside vegetation for fish and wildlife habitat and water quality improvement. They increase the market value of adjoining private real estate. I will now summarize a report on this and related issues that I have prepared for your consideration. I have copies for each of you and ask that it be distributed at this time. Please direct your attention to the brochure entitled "Roanoke Valley Greenway" and open it to the map labeled "Conceptual Greenway Plan." If ~ou refer to the greenway brochure, you will note on the "Conceptual Greenway Plan" map that the trail along the Roanoke River resembles the spinal column of the skeleton of the greenway plan. A greenway trail running along the river from one side of the city to the other is seen by the Roanoke Valley Greenway Commission as the essential spinal column of the regional trail system. Off of it will run trails along its tributaries such as Mason Creek, Tinker Creek, Lick Run (that I use once a week), Mudlick Creek, Murray Run, and Wolf Creek, as well as trails that run up Mill Mountain. I am a realist. The only way the Roanoke River greenway trail is going to get built in the immediate future, because it is so expensive to build next to a rocky watercourse hemmed in by a railroad line and industrial and residential d~velopment, is with federal funds. Those federal funds are tied to the ongoing flood reduction projeGt. It seems we can't have one (the greenway) without the other (the flood reduction project). The City staff and the Army Corps of Engineers have learned how to minimize the adverse environmental impacts of this project as it has progressed. 3 Reforestation of the riverbanks, after the essential tree-cutting and bench-cutting takes place, is planned. Please support closure of this section of Wiley Drive and the unimpeded continuation of the flood reduction project, despite unfortunate near-term losses of trees and access, for the long-term benefit of the City. With regard to the removal of Wasena Dam, a topic other speakers may bring up, this is the position of the Western Virginia Water Authority: The Wasena crossing is an integral part of the original interceptor sewer line that runs from Salem to the wastewater treatment plant at 13th Street. The integrity of the entire "old interceptor sewer" line must be maintained because the line will have to be returned to active use in the future to meet state requirements to avoid sewage overflows. The Authority is not required to remove this sewer line crossing. The Authority recognizes that it is an impediment to canoeists and to the genetic mixing of now-isolated populations of the endangered Roanoke logperch, but this section of sewer line cannot be removed unless it is replaced. Replacement of the pipe at a lower level with a gravity line will cost between $4 and $4.5 million. Replacement with a siphon will cost about $1.7 million plus $50,000 annually to clean out. The Water Authority cannot justify going it alone on such an expensive dam-removal and pipeline-replacement project. It would consider joining with the City, the Fish and Wildlife Service, and the Army Corps of Engineers in a cost-sharing partnership to accomplish that goal. A four-way split of the cost of the siphon option would be $425,000 for each agency. Thank you. 4 A Report to the Council of the City of Roanoke On Some Aspects of the Roanoke River Flood Reduction/Greenway Project Submitted November 19, 2007 . Compiled by M. Rupert Cutler 204 S. Jefferson Street, Unit 4, Roanoke, VA 24011 With the help of Phil Schirmer, City Engineer, City of Roanoke, and Mike McEvoy, Executive Director, Wastewater Services, Western Virginia Water Authority Backqround on the Flood Reduction Proiect The Roanoke River Flood Reduction Project has a long history. The project was first discussed in the1970s-some 35 years ago. It included many options such as a flood impoundment structure in Montgomery County. The project evolved over the next decade to feature the idea of bench cuts and - training walls to increase channel conveyance capacity, thereby reducing flood damage by lowering the flood elevation. All of the City's neighbors (Salem, Roanoke and Montgomery counties) opted out of the proposed project, leaving the City, which had suffered the most damage from the 1985 flood, to go it alone. The City signed a Local Cooperation Agreement (LCA) with the Federal Government in June 1990. The execution of the LCA started the detailed engineering design of the project based upon a May 1989 General Design Memorandum. The City spent several years performing environmental investigations to locate and understand the possible buried hazardous wastes in the proposed construction areas. More than $2 million of local money was spent on this effort alone. City staff studied the project during the 1990s and early 2000s to make sure it did not disturb buried toxic wastes and that it included a recreational trail as part of the project. Congressman Bob Goodlatte and his staff spent many hours persuading the Corps to include the greenway trail for the entire 10 miles. The City spent nearly three years and about $1.5 million to purchase the needed right of way for the project between 13th Street and Wasena Park. In late 2003 and early 2004, the City completed right of way acquisition. Mr. Goodlatte and the rest of the Virginia delegation were successful in getting federal funding allocated to the project. The first project was the trail construction in Wasena Park. Project construction and corresponding federal funding has built momentum since that time. 5 The proposed work from the wastewater plant to Roanoke Memorial Hospital has been completed. The next contract, which has been awarded, includes, in addition to the bench cuts in Wasena Park, a floodwall (grassed berm) at the former site of Victory Stadium and continuation of the recreational trail, from the hospital to the pedestrian bridge at River's Edge Park. " From a. project managemelJtpJ~r:$pective, it isesseotial that the project continue to progress. If it was to be stopped or construction was suspended over design issues, it might never re-start because of the competition for funds at the federal level. There are many Corps projects that could quickly use the funds that are earmarked for Roanoke. It took great influence and many years to get the funding started, and a re-start might be much more difficult. The result could be loss of the best opportunity to complete the 10 miles of the Roanoke River greenway trail in the City. The Corps and the City have learned from their project construction experience. The scrutiny of and input from U.S. Fish and Wildlife, the Virginia Department of Environmental Quality, and the Virginia Department of Conservation and Recreation have made for a better project. The bench elevations have been raised well above the normal river surface, and as much healthy vegetation and trees are being left along the riverbank as possible for riparian habitat preservation. Disturbed areas are being restored with native plants and grasses. The greenway is so popular that the City struggles to keep users off so it can be paved. It is clear that having a greenway trail in one's backyard is an enhancement to property value, not a liability. The partial closure of Wiley Drive (from beneath the Wasena Bridge at the skate park to the trailhead parking at the Wasena sewer crossing) will encourage the pedestrian use of the park. It will eliminate potential vehicle, bicycle and pedestrian conflicts. There will be access to the ball fields, the skate park, and picnic shelters from three parking areas. The City is sensitive to the controversy surrounding removal of trees, particularity the large, mature ones in Wasena Park and has a replanting program that will result eventually in an increase in tree canopy at maturity. Accessibility and visibility of the river adjacent to the bench cuts will be improved. Many of these areas are currently inaccessible because of steep banks and heavy brush. It has been difficult and time consuming to make the progress that has been made. Cutting mature trees and closing a popular riverside road are painful decisions. But if it is done, in 20 years Roanoke's citizens will say we made the right decision about Wasena Park, the flood project, and the greenway trail. 6 Backqround on the Wasena Dam (Wasena Sewer Crossinq) The Wasena Dam--the term "Crossing" is more accurate--is a sewer main crossing the Roanoke River. It was built in the late 1940s and is part of the Old Roanoke River Sewer Interceptor, the first major sewer line that transported sewage to the then newly constructed Roanoke Sewage Treatment Plant that started operations in 1951. What is involved in its removal? The U.S. Fish and Wildlife Service (FWS) has proposed constructing a temporary road into the river immediately downstream of the crossing to allow a contractor to drive heavy equipment into the river. Next, the contractor would smash the middle section out of the crossing and remove about two-thirds of the length. FWS proposes abandoning the debris in the river along the Wasena Park banks, covering the remaining section and abandoned debris with dirt, and then seeding and/or sodding. There is no provision in this plan to remove sediment upstream of the Crossing. The impact statement prepared by the FWS states that log perch losses of up to 25 percent of the total downstream population are expected from the activity and that this is acceptable. An alternative proposed by the Western Virginia Water Authority staff is to place a new sewer line crossing in the river bottom (out of the flow of the river) and then remove the existing crossing. The construction would either be a direct cut of the river bottom or a directional drill if the geology supports it. This would result in less impact to the river because the money would be spent on sediment control, temporary dams, etc. What would removal cost? It will cost between $250,000 to $500,000 to remove the existing crossing. To place a new (replacement) crossing, the estimate is $1.5 million. However, new pipe would have to be laid in Wasena Park so the elevations of the existing pipes match the new crossing. Some work is likely to be needed in Hannah Court as well, bringing the total cost to $4 to $4.5 million. Who is responsible for paying for and contracting for the removal and replacement of the Wasena Dam/Crossing? There is no legal requirement to remove the Crossing, so no agency is responsible or required to do so. The Crossing is an asset of the Western Virginia Water Authority. If partners cannot be found to help make the crossing-removal deal happen, the old interceptor sewer line in the "Wasena Dam" will be used in its present location for peak flow capacity to prevent sewage overflows. FWS has been informed that it would have to undertake removal of the crossing itself, if only that work were to be done. If the replacement option is chosen, the Water Authority would handle the entire project. ./ 7 As to cost, one option is a four-way split between the Water Authority, the City, the Corps, and the FWS because each agency gains something from the project. FWS's proposal has it paying for the Crossing removal, with the Water Authority paying all the costs for replacement of the sewer line. The City and Corps would pay nothing. What is the probable timing of such action? Work in the river is not allowed between March and June (log perch spawning season). The best time would be late July, August or early September when flows are lowest. This year would have been ideal because of the drought. The Corps expects to count the removal as one of their mitigation projects (even though they have not offered to chip in) .for the Flood Reduction Project. Either summer of 2008 or 2009 would seem likely. The work could be done in conjunction with the Wiley Drive low water bridge replacement. What should be the position of City Council on the removal of the "Wasena Dam"? The position of the Western Virginia Water Authority is that the Crossing should be replaced, not simply removed, so that the community sees the most benefits, namely reduced frequency of sewage overflows, mitigation for the damage of the Flood Reduction Project, log perch recovery (hopefully), and removal of an impediment to canoeing. An agreement to split the cost four ways among the agencies involved would hasten the implementation of this plan. With respect to the closure of part of Wiley Drive, from a water management standpoint, Wiley Drive creates a direct path for storm water into the river. Less pavement near the river will result in improved quality of the runoff water into the river. ~~\~ Mayor and Members of Council: RE: Request of the City of Roanoke that 1,950 ft of Wiley Drive SW beginning under the east side of the Main Street Bridge and ending at the greenway trail head, be altered and closed by barricade. I would like to go on record for speaking against altering and closing Wiley Drive S"fV beginning under the east side of the Main' Street Bridge and ending at the greenway trail headl. I understand this translates into removing this portion of Wiley Drive, the magnificent trees that n9w grace this roadway and Roanoke River, and riparian vegetation. I This will forever change the character of Wasena Park. Wiley Drive: · Provides handicapped accessibility to areas within Wasena Park · Makes it easy for folks wanting to have a family/group get together to carry their "stuff' to the rock shelter with the nearby parking along Wiley Drive · Gives individuals who like spending time enjoying a peaceful spot by the river a place to park along Wiley Drive in the shade of the treecanop~ · Provides parking spaces. New additional parking spaces equals a loss of green area The diverse grove of trees including oaks, maples, tulip poplars, sycamores, and other deciduous trees provide an outstanding canopy to shade not only this portion of the park, but the river as weiLl. Trees in Wasena Park · Provide shade that we all enjoy so much when the temperature rises · Offer habitat (food and shelter) for animals, birds, fish, and invertebrates · Buffer the temperature of the river, trout especially like cool water . Stabilize and hold soil together , Filter/remove/absorb pollutants out of the air . Slow down runoff from storms . Protect against erosion . Sequester carbon . Cooler summer temperatures . Reduce noise · Give us a positive perception of an area . Add to our quality of life . Provide oxygen . Improve air quality, . Buffers for man-made objects . Are inviting: . Offer beauty The plans call for planting trees: A young newly planted tree does not equal a mature tree with a well developed root system and wide canopy. Roanoke needs tree canopy, a goal to achieve an average tree canopy of 40% which is the minimum amount necessary for a healthy urban community per American Forests. According to TP, P1. in the URBAN FORESTRY PLAN an Element Of The Vision Plan 2001/2020 "Current trees will be maintained." TP P2. also states that "Where appropriate, trees at City parks may be considered for replacement or removal so long as the Parks and Recreation Department first develops a tree replacement plan detailing with species, time of planting, and location, so replacement trees are sufficient to insure no net loss of park tree canopy." According to one comprehensive city plan the Roanoke River Flood Control Project "will remove approximately seventy-five acres of existing vegetation." It "will have a major impact on the natural environment in and around the river." Functions of riparian vegetation: · Strengthens stream bank · Captures fine sediment; Site of sediment deposition, trapping sediments that build stream banks and would otherwise degrade streams and rivers · Filters out pollutants . Increases infiltration . Utilizes excess nutrients · Overhanging vegetation provides shade for the streams keeping them cool · Provides food and shelter for fish and wildlife · Slows runoff and reduces flood damage · Buffers temperature of river · Provides shade and shelte · Provides a source of woody debris, an essential habitat component for native fist · Constantly deposits fine organic materials in the river through leaf fall providing food fori' invertebrates and fish · Provides food for fish through invertebrates falling into the stream from the riparian strip (it may form more than half their diet),' · Stabilizes riverbeds and banks, binds soil and protects against erosion and slumping · May act to lower the water table and help reduce the flow of salt into streams (particularly deep- rooted vegetation: · Acts as a filter for sediments, phosphorous, organic nitrogen, pesticides and others pollutants which improves the quality of water entering watercourses · Important for good water quality · Valuable habitat for wildlife: food, cover, · Slows floodwaters, thereby helping to maintain stable stream banks and protect downstream property · Allows water to soak into the ground and recharge groundwater . Provides wildlife corridors · Contributes to nearby property value though amenity and views · Contributes nutrients from terrestrial vegetation to aquatic food webs ,.., What alternatives exist? With few exceptions there are always options and alternatives to anything. There are certainly alternatives in this situation.. · Limit/Reduce impervious surface~ · Where hard surfaces are needed look to alternatives such as porous pavement . Restrict new development in flood plair . Restrict development on steep slopes' · Clear debris from waterways, particularly at bridges/dams . Improve storm drainage systems; . Create retention ponds/wells . Increase vegetation . Protect and create wetlands . Flood proofing . Prevent runoff · Replace low level bridges on Wiley Drive . Remove low dams · Preserve open space along rivers, streams, and in all types of development (neighborhoods; commercial, industrial) . Green roofs · Work vegetation and porous surfaces into ~1I"projects" . Preserve farm land "Several of the recommended strategies for flood reduction rely on trees and other vegetation in order to prevent erosion and slow stormwater runoff. For example: · Encourage and promote creative stormwater practices · Establish standards to manage steep slope development: · Require riparian buffers (trees and other vegetation along streams) · Implement the Roanoke River Corridor Overlay Plan - The model overlay includes regulations to limit land disturbance and establish a 50 to 100 foot wide vegetated buffer along the Roanoke River. · Adopt zoning and tax incentives to compensate owners for development rights The above is from the Project Impact - Roanoke Valley, please see attached sheet. Remember, in time the river that is "confined" will slowly build up to a higher level. Thank you. Nancy Hildebrand .., An examination of the cost and benefit of purchasing, preserving, and/or managing each special site should be conducted also, and the locality needs to decide if it has the funds and staff to manage the site. In determining benefits, it is noted that preservation of some sites, such as floodplains, could serve more than one purpose - for example, stormwater management and greenways. Project Impact - Roanoke Valley From 1997 through 2001, the cities of Roanoke and Salem, the county of Roanoke, and the town of Vinton participated in Project Impact, a national disaster mitigation program. The Federal Emergency Management Agency created Project Impact to encourage communities to design and implement disaster mitigation programs and strategies. The primary threats in this region, floqding and wildfires, were studied in depth in the Project Impact report entitled Hazard Mitigation Through Land Use Planning: An Analysis of Flooding and Wildfire Hazard In the Roanoke Valley, Marsh Witt Associates (October 2001 ). Several of the recommended strategies for flood reduction rely on trees anc:l other vegetation in order to prevent erosion and slow stormwater runoff. For example: · ,Encourage and promote creative stormwater practices - As an example, Low Impact Development (LID) involves retention of vegetation on-site in order to slow stormwater runoff and allow more rainfall to sink into the groundwater. . Establish standards to manage steep slope development - Stormwater runs more swiftly off a steep slope that has been cleared of trees and other vegetation. These areas also are more susceptible to land ero$ion. · Require riparian buffers - Riparian buffers (trees and other vegetation along streams) help filter. out pollutants in stormwater runoff, thereby contributing to improved water quality. For example, the Virginia Riparian Forest Buffer Panel recommends at least a 65 to 100 foot wide forested buffer. · Implement the Roanoke River Corridor Overlay Plan - The model overlay includes regulations to limit land disturbance and establish a 50 to 100 foot wide vegetated buffer along the Roanoke River. · Adopt zoning and tax incentives to compensate owners for development rights - Examples are cluster housing, conservation easements, and purchase of significant sites (including forested areas) for preservation. Wildfire prevention recommendations are included in the study also, along with a map of flood and wildfire hazard areas for the Roanoke Valley. Tips for protecting homes from wildfire are included on the map: · Create an area that you can defend around your home - In this area, use low growing plants and those that have a high moisture and low resin content. All plants are flammable, but some burn more easily than others. · Survey the area within 30 feet of your home - Remove pine straw mulch, woodpiles, and other flammable materials and trim trees so that no branches are close to your roof. · Create firebreaks around your home - Plant in "islands" and use walkways and well maintained turf grass. 35 + Public Hearing, Wiley Drive Closure City Council, November 19, 2007 Comments of Frank Bergmann, Roanoke, Virginia, 904-0487 Comments Provided to City Council members in Advance of the Meeting ISSUE SUMMARY: The removal of Wiley Drive will have the following negative impacts on the recreation users and experience in Wasena Park: :> Creates a chronic parking space shortage along the most popular segment of Wasena Park (for non-competitive sports). :> Displaces parents from the convenient parking lot located nearest to the playground. :> Creates a potentially hazardous (and illegal) situation for users of the park, particularly young children, by forcing Park users to cross an active railroad track at crossing sites that do not meet railroad safety standards. :> Creates impractical haul distances between parked vehicles and group picnic shelters where the transport of food, beverages, placesettings, and children is a commonplace necessity. :> Reduces fishing opportunities along a popular segment of the Roanoke River by severely curtailing or eliminating access by the truck that stocks the River with trout. :> Potentially reduces the satisfaction of most recreation users by requiring them to walk hundreds of yards to access the Park for biking, fishing, skating, walking, birdwatching, and most passive recreation pursuits. :> Eliminates a large segment of recreational users of Wasena Park who enjoyed parking their cars beneath the cool riverside shade trees located along Wiley Drive to simply watch the river, feed the wildlife, read the paper, eat lunch or just enjoy the peaceful and cool settilJg of a convenient urban Park. :> Limits access to two picnic shelters to those physically fit enough to trek the 450 feet to more than a thousand feet to partake in group and family festivities. Some of these users will be required to carry heavy coolers and picnic supplies to and from the shelters. :> Creates an inconsistency with Roanoke City Master Plan relative to providing diversity of programs by failing to retain a unique recreation setting (vehicle accessible area containing large shade trees located along the Roanoke River); by creating a situation that reduces accessibility to the group picnic sites, and the Roanoke River to all but physically fit children and adults; decreases accessibility of the elderly who routinely visit the Park to sit in their vehicles to enjoy the peaceful setting; decreases rather than increases forest canopy (shade) as specified in the Master Plan; and fails to recognize the importance the citizens of Roanoke placed on group picnic shelters during the public input phase of the Master Plan's development. I am against the City's plans to remove Wiley Drive and a significant number of the large trees that provide cooling shade and unique recreation setting for the residents of the Roanoke Valley. I am not against flood control. It's interesting to note that some eight odd years ago City recreation employees laid out Wasena Park and planted a variety of beautiful trees for the enjoyment of Roanoke residents. Now that those early efforts have yielded an outstandingly attractive and unique blend of convenient vehicular access in a riverside environment of fully mature shade trees the City is going to cut the trees down and eliminate vehicular accessibility. Before making your decision on removing Wiley Drive the City Council members should ask themselves at least one important question: Where else can city park visitors find a grove a mature shade trees that they can park beneath along the banks of a flowing river? This is the last-of-its-kind recreation opportunity in the Roanoke Valley and worthy of preservation. I have identified a number of recreation related issues that the City Council should be aware of (and hopefully verify and consider) before making its decision on removing Wiley Drive, removing so many necessary parking spaces and removing so many of the big shade trees that line Wiley Drive and the Roanoke River. I will also offer an alternative for the City Council's consideration at the conclusion of my issues and observations. The Removal of Wilev Drive Thru Wasena Park - It's More Than a Road It would be a mistake for members of the City Council to think of Wiley Drive as just a road. The paved and graveled shoulders of Wiley Drive provide between 60-80 parking spaces for those who visit Wasena Park to enjoy it's many fine attributes. USE OBSERVATIONS: Unfortunately, my attempts to obtain information on the numbers and types of recreationist who routinely utilize Wasena Park were unsuccessful because no City Department compiles or maintains comprehensive records on use or the users of the Park or Wiley Drive. Similarly, no vehicle count data is available. Fortunately for the City Council, I am a long-time user of Wasena Park and I can draw on my vast personal experience in speaking to this matter. Fishing Use Observations: It is not uncommon during trout season to see a significant percentage of that roadside parking occupied by anglers, particularly during the early part of the season or shortly after the word gets out that the stocking truck has visited the Park. Not surprisingly, most of these anglers bring their vehicles with them. It is common to see 10 to 15 fishing related vehicles parked along Wiley Drive, near to the river, during these prime fishing times. 2 General Recreation Use Observations: The roadside parking along Wiley Drive is also used routinely by hikers, bikers, skaters, walkers, birdwatcher, lunchers, animal watchers, squirrel and duck feeders, newspaper readers, and folks who just come to the Park to enjoy the peaceful setting afforded by the close proximity of flowing water and large shade trees. It is commonplace to see many vehicles parked along the upper reaches of the Wasena Park throughout the day and early evening hours. Picnic Shelter Observations: It is also not uncommon to see mid- and large-sized groups avail themselves of the two group picnic shelters (Brick & Rock Picnic Shelters) during the traditional recreation season. The Brick Picnic Shelter typically attracts the larger groups and it is not uncommon to see the parking spaces located along the shoulders of Wiley Drive just below the Brick Picnic Shelters fully utilized during these times. I estimate that this use alone accounts for the occupancy of anywhere from 15 to 25 parking spaces when the Brick Shelter is being utilized. Add to that the vehicle parking associated with the use of the Rock Picnic Shelter and these two uses alone can easily create a demand for between 30 and 40 parking spaces located along the upper reaches of Wasena Park. THE ISSUE ASSOCIATED WITH THE ELIMINATING WILEY DRIVE AND ALL THE ROADSIDE PARKING IT PROVIDES: The shoulders of Wiley Drive provide between 60-80 parking spaces. The trailhead parking lot provides 32 parking spaces and two of those are restricted. If the 60-80 parking spaces located along the shoulders of Wiley Drive are suddenly eliminated the only "reasonable" parking located at the upper end of Wasena Park is the trailhead loop parking lot. If the demands associated with just the use of the two picnic shelters (15 to 40 vehicles) is realized during any given day, it can be reasonably predicted that most, if not all, of the trailhead loop parking lot spaces will be claimed by picnic shelter users. Moreover, shelter users are not the only Park users placing demands on those 32 trailhead parking spaces. Playground users, anglers, walkers, bikers, joggers, skaters and the like will lay claim to these much valued (due to their convenience) parking spaces. It doesn't take a very expensive crystal ball to predict that during summer months, and particularly on the weekends, the demand for parking spaces associated with shelter use, anglers, hikers, bikers, skaters, walkers, birdwatchers, and the assortment of other users of Wasena Park will likely exceed the supply of parking spaces located in the trailhead loop parking lot. 3 THE CONSEQUENCES OF THE DRASTIC REDUCTION IN REASONABLE PARKING SPACE CREATED BY THE REMOVAL OF WILEY DRIVE: Consequence 1: The trailhead loop parking lot is located immediately adjacent to the playground. Parents frequently bring their young children to the playground on fair weather days. Having a playground immediately adjacent to a parking area makes excellent sense because parents with young children need to be near their vehicle because they are typically carrying child-care related items, perform diaper changes, some have strollers, some have multiple toddlers, or a baby and a toddler, and in the case of accident, they are nearby an emergency transport vehicle. Given the elevated competition for scarce parking spaces resulting from the elimination of the parking spaces provided along Wiley Drive it should be assumed that parents with young children will be frequently forced out of the trailhead loop parking lot. The only parking alternative located at that end of Wasena Park is the ball field parking lot located approximately 450 to 1080 feet (depending on which railroad track crossing is used, see Table 1, WALKING DISTANCE TO RECREATION FACILITIES, Page 7) from the playground. From that parking lot parents will need to make an overland journey, across an active railroad track (see Consequence #2), and along a gravel roadway carrying their childcare articles, bikes, toys, one or more kids, pushing a stroller while, perhaps, herding two or more toddlers. Consequence 2: It is important to note that a recent discussion with the Norfolk Southern Railroad indicated that the two commonly used railroad track crossing used by those entering Wasena Park from the ball field parking lot do not meet the minimum safety standards prescribed by the railroad. According to Norfolk Southern the standard for a pedestrian crossing and a vehicular crossing are the same. The only place at the upper end of Wasena Park where this safety standard is achieved is the access road to the trailhead loop parking lot (Wiley Drive off Winchester). If visitors to the Park were to access this approved crossing of the tracks, and did so following the tracks between the ball field parking lot and the road crossing, they would be in violation of the Virginia Statute regarding travel along railroad track. The two ad hoc railroad track crossings at the ball field parking lot, one at the gravel road located between the two ball fields and a un-graded crossing near the barricade located at the extreme west end of the ball field parking lot (see Exhibit A, Page 10), do not meet the minimum standard as explained to me by the Safety Coordinator of Norfolk Southern although the former could be made legal with the addition of signage. Consequence 3: Picnic shelter users typically bring lots of stuff with them to the shelter. Common sense mandates nearby parking. When Wiley Drive, and its shoulder parking, is eliminated the closest that a Brick 4 Shelter user can park is approximately 100 feet distant from the Shelter; and that's assuming that there is parking space available in ,the much-in- demand trailhead parking lot. When that lot fills, Brick Shelter users are forced to park their vehicles in the ball field parking lot and that trek grows to between 450 and 1080 feet (depending on which railroad track crossing is used, see Table 1, WALKING DISTANCE TO RECREATION FACILITIES, Page 7). Four hundred and fifty feet to over a thousand feet carrying coolers, charcoal, potluck dishes, table settings, gifts, small children, children care items, strollers and the assortment of other goodies that accompany people who are engaged in group picnic get- togethers! For the Rock Shelter the prognosis is even worse: A hauling distance of 25 feet from the car to the shelter increase to 567 feet if you park in the' trailhead loop parking lot or to between 588 and 1120 feet (depending on which railroad track crossing is used, see Table 1, WALKING DISTANCE TO RECREATION FACILITIES, Page 7) if you are forced to park your vehicle at the ball field parking lot. The Master Plan identifies shelter as a high value recreation resource, but forcing users to carry heavy loads, long distances to and from these sites, does not seem to recognize this citizen-assigned importance. I think the City would be hard pressed to located other urban picnic shelters that are forced hike-in facilities. Consequence 4: During trout season, the anglers will occupy a goodly percentage of the 30 trailhead parking lot spaces. They'll be joined by picnic shelter users, playground users and the hikers, bikers, skaters, walkers, and the variety of other Wasena Park users. After all of the Wiley Drive parking spaces are removed, the trailhead loop parking lot will be the parking area of choice because it is near to what the people come to the Park to use. Consequence 5: It is not difficult to make the same argument regarding the practicality of the forced use of the ball field parking lot on a variety of other routine recreational pursuits occurring in Wasena Park: Anglers will be forced to increase their trek to the River from a riverside parking spot they are accustomed to (prior to the closure of Wiley Drive) to between 725 and 1350 feet (depending on which railroad track crossing is used, see Table 1, WALKING DISTANCE TO RECREATION FACILITIES, Page 7). And they'll be compelled to accomplish this trek wearing their waders and carrying their fishing gear; skater won't want to carry their skates overland to the trailhead parking area from the ball field parking lot because they won't want to walk 500 feet cross-country to get to the paved trail wearing their skates. Neither will they appreciate having to carry their street shoes on their back while they skate because they could not be near their vehicle when they changed into their skates; young bikers accompanied by their parent cannot legally ride down the railroad tracks to access the paved trail so they'll be forced overland roughly 500 feet before they encounter the paved trail they require for safe biking. 5 Consequence 6: Another issues that should concern the City Council is the impact the elimination of Wiley Drive will have on fishing. The portion of the Roanoke River located nearest to and downstream from the falls is arguably the first or second most popular segments for anglers in Wasena and Smith Parks. Along this stretch, the Roanoke River in is a put-and-take fishery, meaning without periodic replenishment by State stocking trucks there would be no fish to catch. Alarmingly, the elimination of Wiley Drive will, at best, seriously curtail the stocking of the river along one of the most popular stretches because the stocking truck will no longer have complete access. I have personally observed the State stocking the river from the shoulder of Wiley Drive because it is easy for them to do so. I have never observed them stocking the river at the falls, which is much less convenient, although it is reasonable to assume this also occurs. It is an irrefutable fact that the removal of Wiley Drive will either eliminate or severely limit the stocking truck's access to heretofore stocked segments of the river. Without the fish the fishing opportunities currently afforded by Wasena Park along a lengthy segment of the river will be severely impacted. If the State responds to the restricted vehicular access by stocking more fish at the falls only then a congested, degraded fishing experience could result from Wiley Drive's elimination. CITY'S COMMENTS AT THE CITY PLANNING COMMISSIONS MEETING: A number of comment were made by City Officials during the October meeting of the City Planning Commission where the elimination of Wiley Drive was discussed. I am sure you will hear these again so I will reiterate and respond to them here: The City Engineer, Mr. Phil Schirmer, indicated that there will be "reasonable access" to the recreation facilities and amenities of Wasena Park when Wiley Drive is gone. He cited the parking available in the ball field parking lot and a new parking lot planned well downstream (2200') from the nearest upstream recreation facility (the Rock Picnic Shelter). For the reasons cited above I strongly disagree with Mr. Schirmers assessment regarding the "reasonableness" of the ball field parking lot. The following table quantifies the walking distances that recreational user of Wasena Park will need to travel (some with heavy picnic supplies, children, toys, and the like) to partake in once-conveniently accessible recreation facilities and pursuits: 6 Table 1. Walking Distance to Wasena Park Recreation Facilities (feet) FACILITY EXISTING FROM THE FROM THE BALL FROM THE BALL (WILEY DRIVE TRAILHEAD FIELD PARKING FIELD PARKING PARKING) LOOP PARKING LOT VIA GRADED LOT VIA THE LOT RR TRACK UNGRADED - CROSSING UNIMPROVED RR TRACK CROSSING PICNIC SHELTER 60 100 1080 450 (Brick) PICNIC SHELTER 25 567 1120 , 588 ( Rock) , PLAYGROUND NjA 40 1080 450 Roanoke River 20 120 1350 725 (Below Falls) Additionally, Mr. Schirmer indicated that there will be plenty of parking located in Wasena Park after Wiley Drive is removed. He indicated 400 parking site would be available. Unfortunately, and as documented in the above table, they are in the wrong place. The ball field parking lot does not afford reasonable access to the facilities or amenities of Wasena Park. The new parking area planned near the site of the old Transportation Museum referenced by Mr. Schirmer during the Commissioner's similarly falls short in meeting the needs of the those using the facilities and amenities located at the upper end of Wasena Park because that new parking lot is located approximately 2200 feet distant from the nearest shelter and farther still to the other shelter and playground facilities. When asked by the Commissioners whether any portion of Wiley Drive could remain to accommodate the parking demands discussed herein the way the project is currently designed, Mr. Luke Pugh (City Engineering Department) indicated it could not. But that question actually missed the point. The question that should have been asked, and I hope the City Council will ask before, or during the November 19th meeting, is whether a new design could be developed that might mitigate the negative impacts envisioned herein while meeting the objectives of the flood control project? When the many issues of parking and user conflicts documented herein were presented to the City Planning Commission the Commissioners asked the Recreation Parks and Planning Department (Donnie Underwood) to respond. The response was rather disappointing. I had hoped to hear that the City had considered these issues and had a plan for addressing them. Instead, the answer received by the Commissioners strongly suggests that the Parks and Recreation Department has done little in the way of anticipating or planning in this matter and suggested that the City might want to consider the preparation of a Master Recreation Plan for Wasena Park. Unfortunately, 7 the preparation of such a plan take many months and would not be completed (or even initiated) before the removal of Wiley Drive and the shade trees had been accomplished. Regrettably, the bulldozers that will be arriving in Wasena Park shortly after the City Council's "yes" vote don't come equipped with an eraser attachment and you cannot replant(a 90 year old shade tree. Preparing a new Master Plan for Wasena Park would be a meaningless after-the-fact gesture that does nothing to avoid the conflicts or inconveniences identified herein or to protect the gem of the City's Park system from unnecessary and irreversible damage. City Of Roanoke's Master Plan. Consistency of Project with Goals and Objectives of the Master Plan I've reviewed the Master Plan for the City and I find a couple of aspects of the Wiley Drive closure, given the issues herein identified, that appear inconsistent with the direction contained in that Plan: 1) "Key Issues for Recreation Programs and Service, Increasingly diverse programs to serve all age segments in the city are needed", Page 4: - The shady drive and parking area, the easy accessibility to a free flowing river and the peaceful, cool setting provided by each is a unique recreation setting here in the Roanoke Valley. There are many visitors to the park that do not go there to participate in competitive sports or to exercise. Many just come to sit, relax, feed the squirrels and ducks or to rest in the peaceful setting of the upper end of Wasena Park. The elimination of this opportunity will eliminate much "diversity" in the recreation program of the City because the Wasena Park experience is not replicated elsewhere in the City. 2) "The following community values were articulated during the community input process. Accessibility for all is important to the community", Page 5: The removal of the parking spaces along Wiley Drive makes the two picnic shelters far less accessible and creates problems of access to the playground and trail by all manner of recreation users of the Park. 3) "Park Land Key Issues: Plant more trees to cool down the City and meet the canopy goal of 40% over the next 10 years", Page 10: The City plans to remove 170 or more trees in Wasena Park. Many of these trees are 80-90 years old and represent a significant component of the shade producing trees in Wasena Park. These shade trees promote a cooling atmosphere in the park, shield the river from the warming rays of the sun, thus cooling the water and extending the viability of the fishery to support trout. If the objective to create more shade, isn't the removal of so many healthy and mature shade trees that accomplish the cooling- down objective cited above contrary to the Master Plan direction? 8 4) "Citizens would like to see several actions taken by the City of Roanoke Parks and Recreation to improve and expand parks. The top four include", Page 12. Passive use: greenways, trails, shelters, open space, etc.: The changes proposed for Wasena will reduce the usability and attractiveness of the shelters by making them inaccessible to all but the most intrepid picnicker. What was once an pleasant and convenient trip to the picnic shelter will be transformed in a difficult and frustrating cross-country chore when the parking along Wiley Drive is eliminated. "Park Facilities Needs, #2 Picnic areas and shelters, % Responding Very Important 44.4%", Page 14. "Prioritized Facility Needs Assessment, Page 72: Picnic areas & Shelters High Priority, # 3 in the overall ran kings of priority out of 26 items." Page 72. ALTERNATIVE THAT WOULD ADDRESS MOST OF THE ISSUES: Do not close Wiley Drive at the terminus of the trailhead parking lot but extend the point of closure to encompass the parking area located immediately adjacent to the Rock Picnic Shelter. Leaving Wiley Drive intact to this point would retain much needed parking spaces (perhaps 40) and thereby address the problems of picnic area parking and haul distances (for both Shelters). Additionally this alternative would preserve many of the mature trees that are valued for their shade, the unique recreation setting they create, and the tranquility they bring to the Park. Also, the adoption of this alternative would better accommodate the demands associated with the periodic influx of large numbers of anglers (and their vehicles); allow greater access by the stocking truck; free up needed parking spaces adjacent to the playground for parents who utilize the playground with their young and very young children; eliminate any hazards associated with walking along or across an active railroad track to access the Park and preserve a portion of the riverside parking that is so integral to the use and enjoyment of Wasena Park. 9 '10. .2 """'" '0'''' CIO ... ' -~-_P:J .... .......... ...<....... '" v.c CUi'CUCU, CU:'O -c....\ .ftt!...,' 0 ... ::::!:::::!::::;an 'g.... ...:\ ......... AC CU" CU CU .,pt .1:. .....'\ ...,.,'. ,...., .c.' ,.c .c.c,'-", ',,"::J'.!! .... \, "", (J",' 'ie,'; .ft .ft'..... "'0" 0 ,...' 11< '1"./ i "IJn ..., ~,,,;,,,,...'Ot~f:"'. '/;'" "....>.'" .:ll: .:ll: .:ll:,.:ll:1o. l:J\...... 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VA 24153 540-387-6060 540-387 -6146 (FAX) www.greenways.org November 19,2007 Roanoke City Council 215 Church Avenue SW Roanoke, VA 24011 Dear Mayor Harris and Council Members, On October 24 the Roanoke Valley Greenway Commission received a presentation from staff on this portion ofthe flood reduction project. This contract being issued by the Corps of Engineers includes construction of Roanoke River Greenway under the railroad bridge near Carilion hospital, benching in Wasena Park, addition of a parking lot near the skate park, and extensive tree planting and landscaping. The Greenway Commission has worked with the City for ten years to refine plans for Roanoke River Greenway and to facilitate greenway construction. This coordination has included such things as counting cars on Wiley Drive to determine traffic patterns, counting and measuring trees along the river for the urban forestry plan, and developing options for a compromise in Smith Park when citizens wanted Wiley Drive to remain closed after the sewer construction project. The Greenway Commission has encouraged you, as Council members, to experience the Roanoke River. Over the years, eight Council members have joined the Greenway Commission and other elected officials for a tour of the river by canoe. The closing of Wiley Drive is a small step in the remodeling of the Roanoke River frontage. As with any remodeling project, a lot of the old is being kept but the river is being reshaped to reduce the impact and frequency of flooding. This is good news for the Reserve A venue/South Jefferson Street development, Carilion hospital, and for the residents of Southeast Roanoke. It is also good news for all citizens of the valley because the flood reduction project includes construction of Roanoke River Greenway. Greenways are a lasting community asset, a linear park, created as a by-product of the flood control project. The new section of greenway in southeast provides safe connectivity for walking, biking, skating or hiking along a beautiful section of the Roanoke River that could not easily be accessed in the past. The Roanoke River Greenway in the City is now the longest greenway in the valley and the most extensive opportunity for outdoor recreation for handicapped citizens and citizens of all ages. With the next flood control contract, greenway connectivity will be improved to Carilion hospital, south Roanoke, Raleigh Court and Grandin Road neighborhoods. As the project moves upstream in coming years, there will be new access to the Roanoke River from more neighborhoods for the enjoyment of all citizens of the community. The Greenway Commission is satisfied that the City staff is working with the Corp of Engineers and construction contractors to retain as many trees and as much natural look as possible without compromising the purpose of the flood control project. The Commission is confident that City staff will also work with citizens to address individual access issues for use of the picnic area. The Commission believes that the three parking lots are more than sufficient for those driving to the park. # . . On October 24, 2007 the Greenway Commission voted unanimously to support the City's closure of Wiley Drive in Wasena Park in order to continue development of the flood control project and Roanoke River Greenway. Thank you for your vision and your leadership in building greenways. Sincerely, ~;J.k James B. Lee, Chairman Roanoke Valley Greenway Commission CITY OF ROANOKE OFFICE OF THE CITY ~LERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: cIerk@roanokeva.gov SHEILA N. HARTMAN Assistant City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R. TYREE Assistant Deputy City Clerk October 29,2007 Ms. Barbara Duerk Mr. Frank Bergmann Mr. Owen Grogan Mr. E. Duane Howard Mr. Mark Peterson Ms. Betty Fields Ms. Kristin Shimp Ms. Terry Beck Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday; April 6, 1981, I have advertised a public hearing for Monday, November 19,2007, '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, on the request of the City of Roanoke that a certain portion of Wiley Drive, S. W., be altered and closed by barricade. . This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning, Building and Development at 540-853-1730. If you would like to receive a copy of the report of the City Planning Commission, please call the City Clerk's Office at 540-853-2541. Sincerely, ~'rn.~ Stephanie M. Moon, CMC City Clerk . SMM:ew NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING COMMISSION TO WHOM IT MAY CONCERN: The City of Roanoke Planning Commission will hold a public hearing on Friday, October 19, 2007, at 1 :30 p.m., or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider the following: Request from the City of Roanoke to close by barricade, approximately 1,950 feet of Wiley Drive, S.W., more specifically described as that portion of Wiley Drive beginning under the east side of the Main Street bridge and ending at the greenway trail head, approximately 130 feet from Winchester Avenue, S.W., in order to allow for benchcut construction as part of the Roanoke River Flood Reduction project. A copy of the application is available for review in the Department of Planning Building and Development, Room 166, Noel C. Taylor Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations f~rthf~!'h~.~~i'~g,'.:pl~ase contact the Department of Planning Building and Development at 853-1730 before 12:00 noon on the Tuesday before the date of the hearing listed: above. Martha P. Franklin, Secretary City Planning Commission Please print in newspaper on Tuesday, October 2 and 9, 2007. Please bill: Luke Pugh City Engineering Department Room 350, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-2731 Please send affidavit of publication to: Martha Franklin Planning Building and Economic Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-1730 ..- ,I' ... , ".:.i:'j'.. "" \ 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: c1erk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk September 6, 2007 Henry Scholz, Chair City Planning Commission 2335 Broadway Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Scholz: Pursuant to Section 36.1-690(e), Code of the City of Roanoke (1979), as amended, I am enclosing copy of an Application for Street or Alley closure by Barricade received in the City Clerk's Office on September 5, 2007, from the City of Roanoke, requesting that a portion of Wiley Drive located in Wasena Park, Official Tax No. 1222301, be closed by barricade. Sincerely, ~~~.~ Stephanie M_ Moon, CMC City Clerk SMM:ew Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council (w/o enclosure) Susan S. Lower, Director, Real Estate Valuation Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney K:\REZONING AND STREET CLOSUREIRezoning 07\Wiley Drive in Wasena Park 09 07.doc .. RECEIVEL se;p:,~5 2007.,. APP LI CA1JQ.~:~~:velOPMENT ",STilEETOR'A'I..l.EYCLOSURE. BYBARRICADEf' ' "-'! Date: September 4, 2007 To: Department of Planning Building and Economic Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Phone: (540) 853-2541 Fax: (540) 853-1145 '-AI(~i!bm}tta~i}!J~~,(b~ tYP~il~&(j.'i.iji:i.ud~-~/! requJred, iiOCLl",~Il~atjoii :~nc[~chf1gk:.tor tl1eIii;biJfe!!. Application is hereby submitted for street or alley closure by barricade for the property located at: Location and description of street or alley to be closed: A portion of Wiley Drive located in Wasena Park (Tax Map #1222301). The proposed closed portion begins under the Main Street Bridge and ends, upstream of the Roanoke River, at the greenway trail head near Winchester Drive. Reasonforrequest: As part of the Roanoke River Flood Reduction proiect, Wiley Drive will need to be closed by barricade to allow for benchcut construction. See attachments for further information. Name of ApplicantlGbntactP~rs6n; ,Darl~ne. L. Burcham . Mailing Address: 215 Church Avenue. SW Room 350 Roanoke VA ,24011 'Telephone: (54~853-5208 , Fi3x: (54p- 853-'-1364 APPli~,'.oL E-mail: luke .pugh@roa:nokeva. gov Application Street or Alley Closure by Barricade Continued The City of Roanoke Engineering Division and Parks and Recreation Department have developed conceptual plans to mitigate the loss of trees and parking due to the benchcut construction. The demolished portion of Wiley Drive will not be replaced. See attached Exhibits 3 & 4. In addition, the contractor will maintain a riparian buffer along the edge of the river as performed in previous benchcut construction. See Exhibit 5. Q) "0 ~ U "C ..... ~ co >- .oT""" Q):tt:: ..... ..... :J'- CI);Q OJ:: - X Ow Q) > "C Cl >- ~ ~ List of Adjacent Property Owners - Exhibit 2 TM 1222301 - City of Roanoke, 215 Church Avenue, Roanoke VA ~. , ' ~ "tl ;;0 o 0< -. m ~s: am ;;oZ 0-1 DlC/J ::l;l> ~-I .CD ~ <;I> ::;" C/J 19.m ::l Z iii' ;I> "tl ;I> ;;0 ^ r r C (j - ~ - 0: n , ~ :l ( ,.- ( I 0;:, ~ . Q --- >0/ ; ;,~-::: ~/ // / / (~ II \ 1/ :E\ ;I> l I ! C/J ( '. 1'1 m ' "~,_, II Z l..-..--"\',. : [I I )> , ;/ I ""',, ,_ , "tl . \,.11 )> ~----=--~..>--- >;: ,':/1 ;;0 'C:---., .', " 0://0 ^ '\8 . '. x:' :11 /' ' i: /. . II , i~1 ' ~ D'I ,// "J ' /:', : ,", I k.-f ' , r' , , /' ,,!I/. '///1:,,:/ / ' , 'I :' / 1".'1 / ':, 'II /'" i.i ./ /! " 111' ;r/ " ,:' .; ~ II if :' /,i : ' :'/' b ~ : <"I~, ,: I If 'f/ " L i I I t ') g / ;/' II ' 1/ I II II II II '0 " : . . ,.-' ,,' ...-" ,,:~ IV :t: Q c.. Q IV Q ~ c: Cl -= !;1 c: ,/'\ ~, \ \ \. ~. V .' \ :~/- '~~\ \ .. ,. "' m .. ,. ~ ~ .' r ,I " \\ \ '* \, \ ..;::- " :; ;;1 i...~.,., "::'1":"" :.. : ~: 11,,; ,,' ! :!,}'~ '::~ ""/':///.:":1" :i/:,',I .:".;,' .. m ~ c m ROANOKE RIVER FLOOD REDUCTION RIPARIAN PLANTING PROJECT ~,,==--"r=::;::;r::- ,,,IP rM: 'WI [I ~ ~ t::S;; ,< ~~;~~ ~un "ILLUSTRATIVE PLAN 2" EXHIBIT #4- 02~ 5RAF IMPROVEMENTS AT WASENA PARK City of Roanoke, Virginia ~ o :>. : *I' ~, ~~"'- \ , , ' "- " ..~-.., --' i\ "~I :IJ -. "'0 0> ., -. 0> :::J OJ C """"h """"h CD ., o :::J OJ CD :::J ("') ::y ("') C roo+ -. () o 3 "'0 CD roo+ CD c.. en "'0 ~. :::J to I\) o o ....... -- I m >< ::y -. 0- ;::;: 01 w ....... I\) . I ." RECEIVEL , , ,/i,"" .':'.' '," ><, ",'>, ,SEP,- 52007 " ", 'A:PPL'ICA~.nld()f'ROANOJ<E" ,: " ,.'..' ."." ,:. "", . T !:.")' ....", ": ~~~ING.,ANDO~OPMENT ':STREET'OR:AI.l.E'Y CL()S:URE' '.-.-";- ,", ,",' ~",:;..:.,.>~. > .;,...",.. "".' q,' .:-":.,~,-"~,:-,.,;",,,:_/,^.., '".:~'...,--;:;'_""'\ ,..,i:.-'.......--.,.......' ", . '-, . . . -. . BY BARRICADE" , 1 '.,,_,.,., ,~,,:'.},; Date: September 4, 2007 ~plicant/Contadt peirson:' Darlene L. Burcham \, . ' \ \ ,.' .. eSS: ',215 Chlircli Avenue. \ '.' Roarioke\ VA 24011 \\: (54)) '~5Li3~4 \ ~ \ '\ \ ':\'\ \ \ E-mail:, luke. pugh@roanokeva. gov ;' , Application Street or Alley Closure by Barricade Continued \ The City of Roanoke Engineering Division and Parks and Recreation Department have developed conceptual plans to mitigate the loss of trees and parking due to the benchcut donstruction. The demolished portion of Wiley Drive will not be replaced. See attached I Exhibits 3 & 4. In addition, the contractor will maintain a riparian buffer along the edge of the I r\ver as performed in previous benchcut construction. See Exhibit 5. 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