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HomeMy WebLinkAboutCouncil Actions 06-15-09 TRINKLE 38476-061509 ROANOKE CITY COUNCIL REGULAR SESSION JUNE 15, 2009 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order--RolI Call. The Invocation was delivered by The Reverend Jeff Copper, Pastor, New Life Temple Christian Ministries. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Welcome. Mayor Bowers. NOTICE: Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, June 18 at 7:00 p.m., and Saturday, June 20 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.CLlCKONTHESERVICEICON.CLlCK ON COUNCIL AGENDAS TO ACCESS THE APPROPRIATE AGENDA AND COUNCIL MEETING. IF ADOBE ACROBAT IS NOT AVAILABLE, A PROMPT WILL APPEAR TO DOWNLOAD PRIOR TO VIEWING AGENDA INFORMATION. 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. 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. 4. CONSENT AGENDA 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 recessed meeting of Council held on Friday, February 13, 2009; regular meeting of Council held on Tuesday, February 17, 2009; and recessed meeting held on March 2, 2009. RECOMMENDED ACTION: Dispensed with the reading of the minutes and approved as recorded. C-2 A communication from Council Member, Gwendolyn W. Mason, Chair, City Council. Personnel Committee requesting that Council convene in Closed Meeting to discuss the annual performance of three Council appointed Officers, pursuant to Section 2.2-3711 (A)(1), 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 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 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 acquisition of real property for a public purpose, where discussion in open meeting would adversely effect the bargaining position or negotiating strategy of the City, pursuant to Section 2.2-3711.A.3, Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. 3 C-5 Minutes of the Audit Committee held on Monday, March 2, 2009. RECOMMENDED ACTION: Received and filed. C-6 A communication from the City Clerk advising of the resignation of The Reverend C. Nelson Harris as a member of the Roanoke Public Library Board, effective immediately. RECOMMENDED ACTION: Accepted the resignation and received and filed the communication. C-7 Reports of qualification of the following individuals: Council Member David B. Trinkle as an elected City representative of the Roanoke Valley-Alleghany Regional Commission for a three-year term ending June 30,2012; Richard Clark, Eddie Wallace, and Louise F. Kegley, as members of the Mill Mountain Advisory Committee for terms of two years, each, ending June 30,2011; Kae N. Bolling as a member of the Mill Mountain Advisory Committee for a term of three years ending June 30, 2012; and Kathleen W. Lunsford and Amy G. Moorefield as members of the Roanoke Arts Commission-for a term of three years, each, ending June 30,2012. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: . a. A communication from the Commonwealth's Attorney recommending acceptance of funding for a Drug Prosecutor; and a communication from the City Manager concurring in the recommendation. Adopted Resolution No. 38476-061509 and Budget Ordinance No. 38477-061509. (7-0) 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: a. CITY MANAGER: BRIEFINGS: · Capital Improvement Program · AEP Transmission Line Project (Briefings will be held at the end of 2:00 p.m. session) 4 30 minutes 15 minutes ITEMS RECOMMENDED FOR ACTION: 1. Acceptance of a Virginia Wireless E-911 Services Board Grant; and appropriation of funds. Adopted Resolution No. 38478-061509 and Budget Ordinance No. 38479- 061509. (7-0)- 2. Appropriation of funds for State Asset Sharing and Federal Forfeited Property Sharing programs. Adopted Budget Ordinance No. 38480-061509. (7-0) 3. Acceptance of a grant from the Virginia Department of Social Services for local supervision and operation of the VISSTA Piedmont Area Training Center for the Fiscal year 2010; and execution of a Letter of Extension and Agreement Modification of the Memorandum of Agreement to accept the funds; and reduction of funds. Adopted Resolution No. 38481-061509 and Budget Ordinance No. 38482- 061509. (7-0) 4. Acceptance of the Kiwanis Club of Roanoke Grant to be used for development of amenities along the 3.1 mile Lick Run Greenway; and appropriation of funds. Adopted Resolution No. 38483-061509 and Budget Ordinance No. 38484- 061509. (7-0) 5. Authorization to designate the Council of Community Services to apply for and administer American Recovery and Reinvestment Act of 2009 Strengthening Communities Grant funds. Adopted Resolution No. 38485-061509. (7-0) 6. Execution of Amendments NO.1 and NO.2 to the Blue Ridge Housing Development Corporation, Inc. CDBG/HOME Agreements dated December 1, 2006 and September 1,2007, respectively. Adopted Resolution Nos. 38486-061509 and 38487-061509. (7-0) 7. Establishment and approval of an increase to the STAR service monthly pass price forthe Greater Roanoke Transit Company (GRTC), d/b/a Valley Metro from $84.00 per month to $96.00 per month, effective July 6,2009. Adopted Resolution No. 38488-061509. (7-0) 8. Appropriation of Fiscal Year 2009-2010 funds for Enterprise Zone projects. Adopted Budget Ordinance No. 38489-061509. (7-0) 5 9. Appropriation and transfer of funds in connection with the Comprehensive Services Act program. Adopted Budget Ordinance No. 38490-061509. (7-0) COMMENTS BY CITY MANAGER. b. CITY ATTORNEY: ~ 1. Readoption and reenactment of the Code of the City' of Roanoke (1979), as amended. Adopted Ordinance No. 38491-061509. (7-0) 2. Amendment of the City Code to establish a special tax rate for certain energy efficient buildings. Adopted Ordinance No. 38492-061509. (7-0) 8. REPORTS OF COMMITTEES: a. A report of the Roanoke City School Board requesting appropriation of funds for various school programs; and a report of the Director of Finance recommending that Council concur in the request. Vivian Penn- Timity, Director of Financial Reporting and Analysis, Spokesperson. Adopted Budget Ordinance No. 38493-061509. (7-0) b. A report of the Roanoke City School Board requestirig approval of the Schools' renewal of the $10,000,000 line of credit facility with Wachovia Bank, National Association; and a report of the Director of Finance recommending that Council concur In the request. Vivian Penn-Timity, Director of Financial Reporting and Analysis, Spokesperson. Adopted Resolution No. 38494-061509. (7-0) 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: a. A resolution appointing Vickie H. Bibee to fill the unexpired term of S. Deborah Oyler as a Director of the Economic Development Authority ending October 20, 2009. Adopted Resolution No. 38496-061509. (7-0) J 6 11. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. CERTIFICATION OF CLOSED MEETING. I J THE COUNCIL MEETING WAS DECLARED IN RECESS TO BE RECONVENED AT 7:00P.M., IN THE CITY COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. 7 ROANOKE CITY COUNCIL REGULAR SESSION JUNE 15, 2009 7:00 P.M. CITY COUNCIL CHAMBER AGENDA r Call to Order--RolI Call. The Invocation was delivered by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. Welcome. Mayor Bowers. NOTICE: Tonight's Council meeting will be televised live and replayed on Channel 3 on Thursday, June 18 at 7:00 p.m., and Saturday, June 20 at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. A. PRESENTATIONS AND ACTS OF ACKNOWLEDGEMENTS: Recognition of George "Kila" Miller for his exemplary public service. Adopted Resolution No. 38495-061509. (7-0) 8 B. PUBLIC HEARINGS: 1. Request of Foot Levelers, Inc., to permanently vacate, discontinue and close 6th Street, N. E., from its intersection with Connecticut Avenue and an adjacent alley running in a westerly direction from 6th Street to the rear of property on Compton Street, N. E. James F. Douthat, Attorney, Spokesperson. Adopted Ordinance No. 38497-061509. (6-0) 2. a. Request of the City Planning Commission to consider amendments to the City Code and City Fee Compendium to add a new fee for resubmittal and review of a subdivision plat or subdivision site plan for a fourth and any subsequent review. Christopher L. Chittum, Agent Denied. (Council Members Mason, Price and Rosen voting no.) b. Approval of the implementation of the Subdivision Site Plan resubmittal fee and the Zoning Ordinance Amendment application fee. Denied. (Council Members Mason, Price and Rosen voting no.) 3. Request of the City of Roanoke to amend the Planned Unit Development Plan for William Fleming High School, to include a fieldhouse with bus and car parking areas, and to change the layout of the various athletic and recreation facilities, including the removal of a baseball field and addition of two football/soccer/lacrosse fields. Christopher L. Chittum, Agent. Adopted Ordinance No. 38498-061509. (6-0) 4. Request of the City of Roanoke to amend the boundaries of Enterprise Zone One A and its Subzone A, as well as Enterprise Zone Two and its Subzone A. R. Brian Townsend, Assistant City Manager for Community Development. Adopted Resolution No. 38499-061509 with regard Enterprise Zone One A and its Subzone A; and action with regard to Enterprise Zone Two and its Subzone A was laid on the table until the next regular meeting of the Council scheduled for Monday, July 6,2009, in order to consider additional parcels for inclusion in Enterprise Zone Two. 5. Request of the City of Roanoke to consider amendments the City Code to continue the short-term rental tax and provide for a tax rate on certain short-term rentals of heavy equipment, effective July 1,2009. Darlene L. Burcham, City Manager. Adopted Ordinance No. 38500-061509. (6-0) J 6. Proposal of the City of Roanoke to place a deed of reservation on City-owned property to allow placement of certain trail improvements and to construct, operate, and maintain a flood channel in connection with the Roanoke River Flood Reduction Project. Darlene L. Burcham, City Manager. Adopted Ordinance No. 38501-061509. (6-0) 9 C. 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. Kenneth Bevins, 759 Hemlock Road, N. W. George Gunther, 914 Loudon Avenue, N. W. Coach Mickey Hardy, 35 Frances Drive, N. W. Coach Cheryl Twine,2553 Maycrest Street, N. W. 10 , ,~ i " Council - MiSCellaneout?-,D6/25/09 PLANNING BUILDING & ECONOMIC DEVELOPMENT DU. If'(' Noel C. Taylor Municipal Building' y'-t Jv 215 Church Avenue, SW, Room 166 ~ Roanoke, Virginia 24011 ~ 540.853.1730 fax 540.853.1230 UO · ~ plann ing@roanokeva.gov "'. June 24 2009 Mr. George Gunther 914 Loudon Ave. NW Roanoke, VA 24016 Dear Mr. Gunther: Subject: Weed, Trash and Inoperable Vehicle Procedure This letter is to follow up on our meeting at your home on Monday. One of the City's primary goals is to aggressively promote clean, safe, and attractive neighborhoods through enforcement of property maintenance codes. These codes are applied when property owners are not diligent in maintaining their properties and neighbors complain. The two most frequent code complaints that the City receives are about overgrown or trashy lots and inoperable motor vehicles. The City Code requires that a vehicle or trailer located on private property be in operating condition and display both a valid license plate and inspection decal. The code also prohibits vegetation over 10 inches high (not including shrubs and trees) and accumulations of trash and debris on a property. When a complaint about a violation of one of these codes is received, a code inspector visits the property, and if there is violation, he or she posts a notice of violation. All notices include the inspector's name, the office phone number, the reason for the notice, time given to correct the violation, the enforcement action that will follow if the violation is not addressed within the statutory time period, and the process for appeal. Notices also explain that if you would like to speak with an inspector, that you can call the Code Enforcement Office at 540-853-2344. Since the City's goal is to obtain voluntary compliance with these codes, reasonable requests for extra time or for referrals for special assistance are granted, whenever possible. I spoke to the inspector on Monday and understand that he called you to discuss your circumstances and that he has given you an extension until mid-August to bring the car into compliance. Most violations of these codes are corrected by the property owner before the time period for compliance expires or after contacting the code enforcement inspector and obtaining an extension. Last year four out of five weed and trash violations and 19 out of 20 inoperable motor vehicle violations were corrected voluntarily by the owner after the notice of violation was posted. .. ~' ,,, A summary of the steps in the enforcement process for these codes. is attached. If you have any questions or need additional information, please let us know. Sincerely, ---- (). 'C1Nl ~ Tom Carr, Director Planning Building and Development c: ~rian Townsend, Assistant City Manager Dan Webb, Code Compliance Coordinator Brad Wilson, Code Compliance Inspector r .,' THE PROCESS: Inoperable Vehicles ~ The city receives a referral or complaint from an individual about an inoperable motor vehicle. . City staff inspects the vehicle to determine if there is a violation and, if so, posts a Notice of Violation on the vehicle and takes a photograph. The notice is pasted to the car's windshield. These notices can be removed by the owner at any time. Once they have been in place for a few days a razor scraper and glass cleaner are usually needed to remove them. . The inspector updates the city's citizen service database and verifies property ownership. . A Notice of Violation is sent to the owner of the property. The owner has seven (7) days to remove the inoperable vehicle, bring the vehicle into compliance, or appeal the notice of violation. If an appeal is filed, there is no further action until the appeal is heard and a decision is made on the appeal. . After seven (7) days, City staff re-inspects the vehicle for compliance. . If vehicle has not been removed or is not in compliance, City staff prepare a work order for a contract tower to remove the vehicle. The contract tower has five (5) days to tow the vehicle. . The inspector re-inspects the property to verify removal of the vehicle: 1. If the vehicle could not be towed, the owner of the property is summoned to court. 2. If the vehicle is towed, the owner of the property is notified of the towed vehicle's location. . The case is closed. THE PROCESS: Weeds and Trash . The city receives a referral or complaint from an individual about weeds and/or trash on a property. . City staff inspects the property to determine if there is a violation. . If there is a violation, the property is posted with a Notice of Violation and photographed. . The owner of record is also mailed a copy of the Notice of Violation giving 7 days to abate the nuisance, or to appeal the notice of violation: If an appeal is filed, there is no further action until the appeal is heard and a decision is made on the appeal. . City staff re-inspects the property on the 8th day after the notice is mailed. · An inspector photographs the violation and notifies the city's contractor to abate the nuisance. The contractor has 5 days to cut the vegetation and/or remove the trash. . City staff re-inspects the property to verify that the violation has been abated. · If the violation has been abated, the property owner is billed for the work and the case is closed. The bill will include the cost of the abatement (with a minimum of two hours labor billed) and an administrative fee of $100. . If the owner does not pay the bill, a lien will be placed on the property. CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S,W. Noel C. Taylor Municipal Building, Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 DAVIDA. BOWERS Mayor June 15, 2009 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Council Members M. Rupert Cutler Sherman P. Lea Gwen W. Mason Anita 1. Price Court G. Rosen David B. Trinkle I wish to request a Closed Meeting to discuss the annual performance of three Council appointed Officers, pursuant to Section 2.2-3711, Code of Virginia as amended. Sincerely, Wf1(8u1 endolyn W. Mason, Chair City Council Personnel Committee GWM:ctw 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 June15,2009 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for closed meeting Dear Mayor Bowers 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. Burc City Manager DLB/lsc c: William M. Hackworth, City Attorney Ann Shawver, 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 June 15, 2009 The Honorable Mayor and Members of City Council Roanoke, Virginia Subject: Request for closed meeting Dear Mayor Bowers and Council Members: This is to request that City Council convene a closed meeting to discuss the acquisition of real property for a public purpose, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the City, pursuant to 92.2-3711.A.3, of the Code of Virginia (1950), as amended. Respectfully submitted, ~~ City Manager DLB/lsc c: William M. Hackworth, City Attorney Ann Shawver, Director of Finance Stephanie M. Moon, City Clerk MINUTES OF ROANOKE CITY COUNCil AUDIT COMMITTEE 1. CALL TO ORDER: March 2, 2009 The meeting of the Audit Committee of Roanoke City Council was called to order in the Emergency Operations Center (EOC Room) of the Noel C. Taylor Municipal Building at 11 :57 a.m. with Chairman, Sherman P. Lea, presiding. . The roll was called by Mrs. England Audit Committee Members Present: Audit Committee Members Absent: Others Present: Sherman P. Lea. Chair Mayor David A. Bowers Dr. M. Rupert Cutler Gwendolyn W. Mason An ita J. Price Court G. Rosen Dr. David B. Trinkle None Drew Harmon, Municipal Auditor William M. Hackworth, City Attorn~y Ann Shawver, Director of Finance Darlene Burcham, City Manager James Grigsby, Asst. City Manager/Operations Brian Townsend, Asst. City Mgr./Community Development Octavia Johnson, Roanoke City Sheriff James Brubaker, Major Deputy Sheriff Stephanie Moon, City Clerk Andrea Trent, Acting Deputy Director of Finance Faye Gilchrist, Assistant to the City Manager Melinda Mayo, Public Information Officer Dawn Hope, Assistant Municipal Auditor Ann Clark, Senior Auditor Doris England, Administrative Assistant (3) Members of the Media 2. APPROVAL OF MINUTES FROM FEBRUARY 2, 2009, MEETING Audit Committee Minutes -March 2, 2009 Page 2 c. Chairman Lea asked if there were any corrections or amendments to the minutes of the February 2, 2009, Audit Committee meeting. There were none. Dr. Trinkle moved and Mr. Rosen seconded that the minutes be approved as distributed. A vote was taken and the motion carried. The minutes will be placed on the Consent Agenda for the next City Council meeting. 3. CITY OF ROANOKE A. Audit Findings Follow Up B. Sheriff's Canteen and Auxiliary Funds Chairman Lea recognized Sheriff Johnson and Major Brubaker who were in attendance at the Audit Committee meeting. Chairman Lea ordered that items A and B be received and filed. There were no objections to the order. Chairman Lea recognized Mr. Harmon for comments. Mr. Harmon noted that the Findings Follow Up audit is performed annually to determine if the planned actions have been implemented and had the desired effect. Mr. Harmon noted there were 33 findings that were reviewed this year and that 28 of those findings had been effectively cleared. There were reasonable explanations for the delays in addressing the most of the remaining findings. Some correction plans were not effective in the way intended and were revised; some were dependent on system implementations that were taking longer than expected. Chairman Lea asked the committee members if anyone had questions. Dr. Cutler asked about the Accela system. Mr. Harmon explained that Accela is a software program that was implemented in 2002 for Code Enforcement and Building Inspections functions. Chairman Lea asked Mr. Harmon to comment on the Sheriff's Canteen and Auxiliary Funds audit report. Mr. Harmon stated the Virginia Auditor of Public Accounts requires certain audit procedures to be performed as part of the external audit. Municipal Auditing performs the procedures related to the Sheriff's Office. The canteen and auxiliary funds are generated from sales of commodities to inmates. A third party company, Swanson, provides canteen services and remits a share of the profits to the Sheriff's Office. Mr. Harmon stated there were no reportable findings. Chairman Lea asked if there were any questions or comments regarding this audit report. There were none. . ., Audit Committee Minutes -March 2, 2009 Page 3 4. UNFINISHED BUSINESS A. Investigation: CivicCenter Storage Building B. KPMG Reports on Internal Control and Compliance (Tentative) Chairman Lea recognized Mr. Harmon for comments on the Civic Center Storage Building. Mr. Harmon stated the Audit Committee was briefed on the disposal of . the temporary storage buildfng at its meeting in February. However, a final written report was not complete at that time. A final report was completed within a week of that meeting and distributed to Audit committee members.".lf'~as also posted on the Municipal Auditing Web site for..!.b.~d~uhlic's r.~v.,igW~sf"M.r,.::'lfIarmon asked if there were any questions on the report since t'he Audit Committee members had read the final report and management's response. Ms. Price asked about the pictures that were included with the report. Mr. Harmon explained these pictures were of dismantled portions of the building and were taken at the site of the contractor who removed it. The building had not been reconstructed. Dr. Cutler asked for further information on the pictures and the building. Mr. Harmon explained that the metal storage building in question was constructed during the expansion of the Civic Center. The building was designed to be temporary so it could be easily removed when the renovations were completed. The disposal of the building was controversial due to the City having given it away to a party related to the Purchasing Manager. Mr. Harmon estimated that the costs to remove and reconstruct the building approximated the costs for an equivalent new building. Mr. Harmon noted that the person who removed the building had intended to reconstruct it for personal use. The pictures document that the building was not rebuilt and that no profit was realized by the person. Chairman Lea asked if there were any further questions or comments by members of the committee regarding the Civic Center storage building. There were none. Chairman Lea asked Mr. Harmon to comment on the KPMG Reports on Internal Control and Compliance. Mr. Harmon stated that the report was on the agenda as tentative in case it was ready for release at the meeting. The final report was not 'ready as additional time was required to fashion a proper response and to produce the final printing of the report. The final report should be ready by the end of March and could be presented to the Audit Committee by the first Monday in April. Chairman Lea asked for any further comments or questions by the committee members. There were none. Audit Committee Minutes -March 2, 2009 Page 4' C. 5. NEW BUSINESS There was no new business to come before the Committee. 6. ADJOURNMENT There being no further business, the mee~ing was adjourned at 12:08 p.m. ~. rfi#-- Sherman P. Lea, Chair -. -. ... T 'l\.l ,- r. 'Jfll-' L ri \j'>l':l~" '1-1'-1 ~k) I. I.t' u bIG' r , o~ . ilQ.:J 1._' i-. '- 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 STEPHANIE M. MOON, CMC yroanokeva.gov City Clerk SHEILA N. HARTMAN, CMC Deputy City Clerk June 16, 2009 CECELIA T. WEBB Assistant Deputy City Clerk The Reverend C. Nelson Harris 1902 Greenwood Road, S. w. Roanoke, Virginia 24015 Dear Reverend Harris: Your resignation as a member of the Roanoke Public Library Board was before the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 2009. On motion, duly seconded and adopted, the resignation was accepted. On behalf of the Mayor and Members of Roanoke City Council, I would like to express appreciation for your service to the City of Roanoke as a member of the Roanoke Public Library Board from June 16, 2008 to June 15, 2009. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your one year of service. Sincerely, ~~ 117. mOfYV Stephanie M. Moon, CMd City Clerk SMM:ew Enclosure pc: Sheila S. Umberger, Secretary, Roanoke City Library Sheila N. Hartman, CMC, Deputy City Clerk 0 E-< 0 Z ~ 0 ~ ~ ~ ~ ~ 01 (/) 0 ~ :$ ~ 0 E-< N ~ ~ U 00 ~ 0 i~ 0 ~ ~o:l ~ 0::>-00 ~ t-< E-<~00l ~ ~ ~ 00 <0 Q o NO ~~ ~ . e3 \On N ~ Z ~ .-< n ~ ~O Z ~...l~~ 0 8~ 0 ~ 0 ~ 8 . ~ ~~ ~ r./) 00 ~~~~ ~o ~ ~ ~ .0 r/)>- ~ -<p...oO ub ~ Z r/)~~E-< ~u U . -< ~ ~~ ~ U 0 ~ ~ p...E-< ~ ~ r/) ~ ~ >-< 0 .~ ~ 5 ~ (/) 5 ~ u >-< ~ E-< @ O~ 1=00 0 .;;... Q <~ u 8 ~ ~ > ~ < ~ Q ~ 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 Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELlA T. WEBB Assistant Deputy City Clerk June 15, 2009 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: This is to advise that The Reverend C. Nelson Harris has tendered his resignation as a member of the Roanoke Public Library Board, effective immediately. Sincerely, i~~:~~ City Clerk 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. TYREE Assistant Deputy City Clerk STEPHANIE M. MOON, CMC . City Clerk June 16, 2009 Susan Jennings Public Arts Coordinator Roanoke, Virginia 24015 Dear Ms. Jennings: This is to advise you that Kathleen W. Lunsford and Amy G. Moorefield have qualified as members of the Roanoke Arts Commission for three year terms ending June 30,2012. Sincerely, ~ /I)- irJD4Y>J Stephanie M. Moon, CMC City Clerk SMM:ew pc: Melissa Murray, Recording Secretary, Roanoke' Arts Commission Sheila N. Hartman, CMC, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Kathleen W. Lunsford, 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 Arts Commission, for a term of three years ending June 30,2012, according to the best of my ability (So help me God). ~~61r~1 Subscribed and sworn to before me this 9~y of ~09. BY . HAMILTON, CLERK OF THE CIRCUIT COURT , CLERK K:\oath and leaving service\Arts Commission\Kathleen Lunsford oath June 30 2012.doc ." _:, Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Amy G. Moorefield, 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 Arts Commission for a term of three years ending June 30, 2012, according to the best of my ability (So help me God). Subscribed and sworn to before me this [O~day of J'uN-L 2009. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT BY _~ c[2rJ , CLERK K:\oath and leaving service\Arts Commission\Amy Moorefield replace George Kegley oath June 30 2012.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 STEPHANIE M. MOON, CMC E-mail: c1erk@roanokeva.gov City Clerk Nicole Ashby, Secretary Mill Mountain Advisory Committee Roanoke, Virginia Dear Ms. Ashby: June 16, 2009 SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk This is to advise you that Richard Clark and Louise F. Kegley have qualified for two year terms ending June 30, 2011; and Kae N. Bolling and Eddie Wallace have qualified for three year terms ending June 30, 2012, as members of the Mill Mountain Advisory Committee. SMM:ew Sincerely, /Jt. JY)OoW Stephanie M. Moon, CMC City Clerk pc: Sheila N. Hartman, CMC, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Richard Clark, 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 Mill Mountain Advisory Committee for a term of two years ending June 30, 2011, according to the best of my ability (So help me God). ~d,~ Subscribed and sworn to before me this 5~ay of ~009, BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT BY~ti3~~~ K:\oath and leaving service\Mill Mountain Advisory Committee\2008\richard clark oath02011.doc Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Louise F. Kegley, 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 Mill Mountain Advisory Committee, for a term of two years ending June 30, 2011, according to the best of my ability (So help me God). ~~ ?4ty Subscribed and sworn to before me this L day of-:::JUrJL 2009. . HAMILTON, CLERK OF THE CIRCUIT COURT ~~~+o BY K:\oath and leaving service\Mill Mountain Advisory Committee\2008\Lousie F Keglely oath 2011.doc Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Kae N. Bolling, 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 Mill Mountain Advisory Committee for a term of three years ending June 30, 2012, according to the best of my ability (So help me God). M n.;6. Subscribed and sworn to before me this ..:t day of ::;;;'''';1_ 2009. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT BY ~/l'-V ,~"~ Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Eddie Wallace, Jr., 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 Mill Mountain Advisory Committee, for a term of three years ending June 30, 2012, according to the best of my ability (So help me God). Subscribed and sworn to before me thisJ#day of ~2009. BRENDA S. H.AMILTj CLERK OF THE CIRCUIT COURT BY ~ cf! ~ i)c., CLERK STEPHANIE M. MOON, CMC City Clerk 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 June 16, 2009 Wayne G. Strickland, Executive Director Roanoke Valley-Alleghany Regional Commission P. O. Box 2569 Roanoke, Virginia 24010 Dear Mr. Strickland: SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk This is to advise you that Council Member David B. Trinkle has qualified as an elected City representative of the Roanoke Valley Allegheny Regional. Commission for a three-year term ending June 30, 2012. SMM:ew Sincerely, ~h;.lY)oqyV Stephanie M: Moon, CMC City Clerk pc: Sheila N. Hartman, CMC, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, David B. Trinkle, 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 an elected City representative to the Roanoke Valley-Alleghany Regional Commission for three-year term ending June 30, 2012, according to the best of my ability (So help me God). Subscribed and sworn to before me this U~ay of ~ 2009. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT ~ 2J2f1u~ BY C--~, CLERK (j K:\oath and leaving service\Roanoke Valley-Alleghany Regional Commission\2009\David B Trinkle oath RValleyAlleghenyRC 6 30 20l2.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 STEPHANIE M. MOON, CMC City Clerk June 16, 2009 SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk Ann H. Shawver Director of Finance Roanoke, Virginia Dear Ms. Shawver: I am attaching copy of Budget Ordinance No. 38477-061509 appropriating funds from the Commonwealth of Virginia for the Regional Drug Prosecutor Grant, and amending and reordaining certain sections of the 2009-2010 Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 2009, and is in full force and effect upon its passage. Sincerely, A~m.h;o/JyU Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: The Honorable Donald S. Caldwell, Commonwealth's Attorney Darlene L. Burcham, City Manager . William M. Hackworth, City Attorney Sherman M. Stovall, Director of Management and Budget \2< IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of June, 2009. No. 38477-061509. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Regional Drug Prosecutor Grant, amending and reordaining certain sections of the 2009-2010 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the' City of Roanoke that the following sections of the 2009-2010 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Employee Salaries City Retirement FICA. Medical Insurance Dental Insurance Life Insurance Disability Insurance Telephone Cellular Telephone Administrative Supplies Dues and Memberships Training and Development Postage Other Rental Revenues Regional Drug Prosecutor FY10-Comp Board Regional Drug Prosecutor FY10-Local Match 35-150-4500-1 002 35-150-4500-11 05 35-150-4500-1120 35-150-4500-1125 35-150-4500-1126 35-150-4500- t 130 35-150.;.4500-1131 35-150-4500-2020 35-150-4500-2021 35-150-4500-2030 35-150-4500-2042 35-150-4500-2044 35-150-4500-2160 35-150-4500-3075 35-150-4500-4500 35-150-4500-4501 '-j $ 84,796 13,076 6,487 9,737 553 696 24 1,000 1,000 3,471 100 2,000 50 9,000 104,441 27,549 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~1I7.lr7rJmJ . City Clerk. / 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 STEPHANIE M. MOON, CMC City Clerk June 16, 2009 SHEILA N. HARTMAN, CMC Deputy City Clerk CECELlA T. WEBB Assistant Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 38476-061509 authorizing the acceptance of funds for the regional drug prosecutor's office from the Compensation Board of the Commonwealth of Virginia and authorizing the acceptance, execution, and filing of appropriate documents to obtain such funds. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 2009. Sincerely, ~~ In, lY)oavV Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: The Honorable Donald S. Caldwell, Commonwealth's Attorney Ann H. Shawver, Director of Finance William M. Hackworth, City Attorney Sherman M. Stovall, Director of Management and Budget l F IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of June, 2009. No. 38476-061509. A RESOLUTION authorizing the acceptance offunding for the regional drug prosecutor's office from the Compensation Board of the Commonwealth of Virginia and authorizing the acceptance, execution, and filing of appropriate documents to obtain such funds. BE IT RESOLVED by the Council of the City of Roanoke as f~llows: 1. The City of Roanoke hereby accepts funding for the regional drug prosecutor's office in the total amount of $104,441 from the Compensation Board of the Commonwealth of Virginia through June 30,2010, with a local match of$27,549, as more particularly described in the letter of the City Manager to Council, dated June 15,2009. 2. The City Manager is hereby authorized to accept, execute, and file on behalf of the City of Roanoke any and all documents required to obtain such funding. All such documents to be approved as to form by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the acceptance of the foregoing funding or with such project. ATTEST: ~ Yh. 'rrJOlW City Clerk K:\Tirn\rneasures\R-drug prosecutor funding 2009-2010.6-15-09.doc GOI'fI'fON:~~LTI+ OF V1RGINIt\- ":.~: 0 AREA CODE 540 TEL. NO. 853-2626 FAX 853-1201 DONALD S. CALDWELL COMMONWEALTH'S A HORNEY CITY OF ROANOKE OFFICE OF THE COMMONWEALTH'S ATTORNEY 315 CHURCH AVENUE ROANOKE, VIRGINIA 24016 June 15, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita j. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Acceptance of Funding for Drug Prosecutor Background: Federal funding was made available to the Commonwealth of Virginia to be used for the development of several Multi-jurisdictional Special Drug Prosecutors statewide. The positions were developed to coordinate prosecutorial efforts among independent jurisdictions, reduce fractional and duplicate prosecutions, enhance the recovery of criminal assets, and utilize federal, state and local resources to assure maximum prosecutorial effectiveness and to provide specialized prosecutorial resources to the regional drug enforcement effort. The. Commonwealth's Attorneys of Craig County, Franklin County, Roanoke County, and the Cities of Roanoke and Salem applied on October 9, 1987, to the Honorable Mayor and Members of Council June 15, 2009 Page 2 Commonwealth's Attorneys' Services Council, the State agency responsible for the administration of the grant money to fund a Multi-jurisdictional Special Drug Prosecutor. City Council accepted the Multi-jurisdictional Special Drug Prosecutor Grant in April, 1988, and a full-time Special Drug Prosecutor was hired in july, 1988. Annual re-application for this funding is required. Considerations: On April 15, 1994, funding for the Drug Prosecutor's Office was transferred from the Commonwealth's Attorneys' Services Council to the Compensation Board. The Compensation Board approved funding for the Drug Prosecutor in the amount of $104,441 on May 1, 2009, and funding will continue through June 30, 2010. The local match is $27,549 for a total of $131,990. Funding for the local share is available in General Fund - Transfer to Grant Fund (account number 01-250- 9310-9535). Recommended Actions: Accept funding from the Compensation Board in the amount of $104,441 with the City providing local match funding in the amount of $27,549. Authorize the City Manager to execute the requisite documents to obtain the funding from the Compensation Board. All such documents shall be reviewed and approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish revenue estimates for $104,441 in state grant funds and $27,549 in local match, to transfer local match from the General Fund Transfer to Grant Fund account (01-250-9310-9535), and to appropriate funding totaling $131,990 per attachment 1 in accounts to be established by the Director of Finance. Honorable Mayor and Members of Council June 15, 2009 Page 3 DSC: sj Attachment c: Darlene L. Burcham, City Manager Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director of Management and Budget Sheri K. Jones, Assistant Commonwealth's Attorney Attachment 1 1002 1105 1120 1125 1126 1130 1131 2020 2021 2030 2042 2160 2044 3075 Program Accounts Regular Employee Salaries City - Retirement FICA Medical Insurance Dental Insurance Life Insurance Long Term Disability Ins. Telephone Cellular Telephone Administrative Supplies Dues & Membership Postage Training & Development Other Rental TOTAL $84,796 $13,076 $ 6,487 $ 9,737 $ 553 $ 696 $ 24 $ 1,000 $ 1,000 $ 3,471 $ 100 $ 50 $ 2,000 $ 9,000 $131,990 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 June 15, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Acceptance of Funding for Drug Prosecutor I concur with the recommendation from Donald S. Caldwell, Commonwealth's Attorney for the City of Roanoke, with respect to the subject reference above. I recommend that City Council accept funding from the Compensation Board in the amount of $104,441 with the City providing local match funding in the amount of $27,549 - totaling $131,990. Respectfully submitted, Darlene L. B cham City Manager DLB:jb c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance C009-00002 STEPHANIE M, MOON, CMC City Clerk Ann H. Shawver Director of Finance Roanoke, Virginia Dear Ms. Shawver: 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 June 16, 2009 SHEILA N. HARTMAN, CMC Deputy City Clerk CECELlA T. WEBB Assistant Deputy City Clerk I am attaching copy of Budget Ordinance No. 38479-061509 appropriating funds from the Virginia Wireless E-911 Services Board Grant to the E-911 Upgrades Hardware/Software project, and amending and reordaining certain sections of the 2008-2009 Department of Technology Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 2009, and is in full force and effect upon its passage. SMM:ew Attachment Sincerely, ~(h.ryp1YV Stephanie M. Moon, CMC City Clerk pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Sherman M. Stovall, Director, Management and Budget Roy M. Mentkow, Director of Technology ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of June, 2009. No. 38479-061509. AN ORDINANCE to appropriate funding from the Virginia Wireless E-911 Services Board Grant to the E-911 Upgrades Hardware/Software project, amending and re-ordaining certain sections of the 2008-2009 Department of Technology 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 certain sections of the 200~-2009 Department of Technology Fund Appropriations be, arid the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from State Grant Funds 13-430-9870-9007 Revenue E-911 Wireless Board State Grant 13-430-9870-9870 $ 150,000 (150,000) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: r . m. rhbfuJ City (CI!erk.- . I ";1 t" ; 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 STEPHANIEM. MOON, CMC City Clerk June 16, 2009 SHEILA N. HARTMAN, CMC Deputy City Clerk CECELlA T. WEBB Assistant Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: . I am attaching copy of Resolution No. 38478-061509 accepting the Public Safety Answering Point Grant to the City of Roanoke from the Virginia Wireless E-911 Services Board, and authorizing execution of any required documentation on behalf of the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 2009. Sincerely, ~ fY). rY)611Y0 Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Ann H. Shawver, Director of Finance William M. Hackworth, City Attorney Sherman M. Stovall, Director, Management and Budget Roy M. Mentkow, Director of Technology .{Y'h IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of June, 2009. No. 38478-061509. A RESOLUTION accepting the Public Safety Answering Point(PSAP) Grant to the City from the Virginia Wireless E-911 Services Board, and authorizing execution of any required documentation on behalf ofthe City. BE IT RESOLVED by the Council ofthe City of Roanoke as follows: 1. The City of Roanoke does hereby accept the Public Safety Answering Point Grant offered by the Virginia Wireless E-911 Services Board in the amount of$150,000.00, to enhance the City of Roanoke's wireless E-911 capabilities. There is no matching fund requirement for this grant. The grant is more particularly describ~d in the letter ofthe City Manager to Council, dated June 15, 2009. 2. The City Manager and the City Clerk are hereby authorized to execute and attest, on behalf of the City, any necessary documents to accept the grant, in a form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. ATTEST: ~.,..~""".','im/I.",; ""i~ . '.',' "i ( ,DI1W " I City/Clerk. ' K:\David\Council Work\R-Public Safety Answering Point (PSAP) Grant 6-15-09.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 June 15, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Virginia Wireless E-911 Services Board Grant Background: The Public Safety Answering Point (PSAP) Grant Program is a multi-million dollar grant program administered by the Virginia Wireless E-911 Services Board. The primary purpose of this program is to financially assist Virginia's primary PSAP's with the purchase of equipment and services that support the continuity and enhancement of wireless E-911. Any Virginia primary PSAP that supports wireless E- 911 is eligible to apply. The City of Roanoke E-911 Center applied for and was awarded a $150,000 grant to enhance our wireless E-911 capabilities. There are no matching funds required. The grant award will be applied towards upgrading the E-911 infrastructure to a cellular message server that will enable improved data communications between dispatch and field units. Recommended Action: Accept the grant, establish a revenue estimate in the amount of $150,000, and appropriate the same amount to account 13-430-9870-9067 (E-911 System Upgrades.) Darlene L. Burc City Manager Honorable Mayor and Members of City Council June 15, 2009 Page 2 DLB:MKC c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance James Grigsby, Assistant City Manager for Operations Roy M. Mentkow, Director of Technology CM09-00094 j 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 . June 16, 2009 SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk Ann H. Shawver Director of Finance Roanoke, Virginia Dear Ms. Shawver: I am attaching copy of Budget Ordinance No. 38480-061509 appropriating funds from the State Asset Sharing Program and Department of Justice Federal Asset Sharing Program for enhancing law enforcement operations, and amending and reordaining certain sections of the 2008-2009 Grant 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, June 15, 2009, and is in full force and effect upon its passage. Sincerely, ~JYJ.~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Sherman M. Stovall, Director, Management and Budget A. L. Gaskins, Chief of Police ~1-- IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of June, 2009. No. 38480-061509. AN ORDINANCE to appropriate funding from the State Asset Sharing' Program and Department of Justice Federal Asset Sharing Program for enhancing law enforcement operations, amending and reordaining certain sections of the 2008-2009 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2008-2009 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Expendable Equipment Expendable Equipment Revenues State Asset Forfeiture - Interest State Asset Forfeiture DoJ Federal Asset Forfeiture DoJ Federal Asset Forfeiture - Interest 35-640-3302-2035 35-640-3304-2035 $ 62,027 418,743 35-640-3302-3299 35-640-3302-3300 35-640-3304-3305 35-640-3304-3306 1,415 60,612 340,348 78,395 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. (': I A - 07. Ihb flY}) City Clerk. - t 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 June 15, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice-Mayor Honorable M. Rupert Cutler, Council Member Honorable AnitaJ. Price, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: State Asset Sharing and Federal Forfeited Property Sharing Background: In 1991, the Virginia General Assembly passed legislation allowing local law enforcement to seize and have forfeited property connected with illegal narcotics distribution. The law also makes it possible for police departments to receive proceeds from these forfeited properties. Application for an equitable share of the property seized by local law enforcement must be made to the Department of Criminal Justice Services, Forfeited Asset Sharing Program and certified by the Chief of Police. Property, including funds shared with State and local agencies may be used only for law enforcement purposes. Program requirements mandate that these funds be placed in an interest bearing account and the interest earned be used in accordance with program guidelines. Revenue totaling $62,027 has been collected and is available for appropriation in the Grant Fund account number 35-640-3302-2035. In 1986, Congress authorized the transfer of certain federally forfeited property to state and local law enforcement agencies that participated in the investigation and seizure of the property. Application for an equitable share of property seized by local law enforcement must be made to the U.S. Department of Justice and certified by the U. S. Attorney. This property, including funds shared with state and local agencies may be used onlv for the purpose stated in the application, Le., narcotics investigations related to law enforcement. Participation in federally forfeited property enhances the effectiveness of narcotics investigations by providing necessary investigation equipment, and investigative funds offset the costs that would otherwise have to be borne by the city's taxpayers. Honorable Mayor and Members of City Co'uncil June 15, 2009 Page 2 The Police Department receives funds periodically from the federal government's asset sharing program. Grant requirements mandate that these funds be placed in an interest bearing account and the interest earned be used in accordance with program guidelines. Revenue totaling $418,743 has been collected and is available for appropriation in the Grant Fund account number 35-640- 3304-2035. The funding will be appropriated to the expendable equipment budget which will allow the department to continue to acquire new and replacement equipment for officers (ballistic vests, computer software, etc.) as well as equipment for vehicles (cameras, partitions, and window barriers, etc.) Recommended Action: Adopt the accompanying budget ordinance to increase Grant Fund revenue estimates and to appropriate funding for the State Asset Sharing and Federal Forfeited Property Sharing grants as follows: . Revenues: State Asset Forfeiture - Interest State Asset Forfeiture Federal Forfeiture - Interest Federal Forfeiture 35-640-3302-3299 35-640-3302-3300 35-640-3304-3306 35-640- 3304- 3305 $1,415 $60,612 $78,395 $340,348 Appropriations: Expendable Equipment Expendable Equipment 35-640-3302-2035 35-640-3304-2035 $ 62,027 $418,743 Respectfully submitted, Darlene L. B rcham City Manager c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development A. L. Gaskins, Chief of Police CM09-00098 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 June 16, 2009 SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA T, WEBB Assistant Deputy City Clerk Ann H. Shawver Director of Finance Roanoke, Virginia Dear Ms. Shawver: I am attaching copy of Budget Ordinance No. 38482-061509 reducing funds from the Virginia Department of Social Services, for the Virginia Institute for Social Service Training Activities, and amending and reordaining certain sections of the 2009-2010 General Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 2009, and is in full force and effect upon its passage. Sincerely, ~rh fr-plIYV Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Sherman M. Stovall,. Director, Management and Budget Jane R. Conlin, Director, Human/Social Services Robert Cottrell, Manager, VISSTA Piedmont Area Training Center, ~. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of June, 2009. No. 38482-061509. AN ORDINANCE to reduce funding from the Virginia Department of Social Services, for the Virginia Institute for Social Service Training Activities (VISST A), amending and reordaining certain sections of the 2009-2010 General Fund Appropriations and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2009-2010 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Employee Salaries City Retirement FICA Life Insurance Disability Insurance Telephone Administrative Supplies Employee Programs Program Activities Printing Business Meals and Travel Postage Xerox Lease Other Rental Revenues VISSTA 01-630-5318-1002 01-630-5318-1105 01-630-5318-1120 01-630-5318-1130 01-630-5318-1131 01-630-5318-2020 01-630-5318-2030 01-630-5318-2043 01-630-5318-2066 01-630-5318-2075 01-630-5318-2144 01-630-5318-2160 01-630-5318-3045 01-630-5318-3075 01-110-1234-0671 $ (47,116) (6,924) (3,506) (386) 34 671 (444) (12,200) (102,475) 1,423 700 (250) 3,019 (9,239) (176,693) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ,\ i( i ",! I' A TTESl:: \ ,"; , /Y). 110m) City Clerk. 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 June 16, 2009 SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk ./ Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 38481-061509 authorizing the acceptance of a grant, in the amount of $295,861.00, from the Virginia Department of Social Services (VDSS); and authorizing the City Manager to execute a letter of Extension and Agreement Modification of the Memorandum of Agreement between City of Roanoke and VDSS for such funds for local supervision and operation of the Virginia Institute for Social Service Training Activities (VISSTA) Piedmont Area Training Center, upon. certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 2009. :i~rr,. hjo6vJ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Ann H. Shawver, Director of Finance William M~ Hackworth, City Attorney Sherman M. Stovall, Director, Management and Budget Jane R. Conlin, Director, Human/Social Services Robert Cottrell, Manager, VISSTA Piedmont Area Training Center, Vie- IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of June, 2009. No. 38481-061509. A RESOLUTION authorizing the acceptance of a grant in the amount of$295,861 from the Virginia Department of Social Services (''VDSS'') and authorizing the City Manager to execute a Letter of Extension and Agreement Modification ofthe Memorandum of Agreement between City of Roanoke and VDSS for such funds for local supervision and operation ofthe Virginia Institute for Social Service Training Activities (''VISST A") Piedmont Area Training Center, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The grant from the Virginia Department of Social Services for local supervision and operation of the VISST A Piedmont Area Training Center, ~ the amount of$295,861 for the Fiscal Year 2010, as set forth in the City Manager's letter dated June 15, 2009, to this Council is hereby ACCEPTED. 2. The City Manager, or her designee, is hereby authorized to execute a Letter of Extension and Agreement Modification of the Memorandum of Agreement between the City of Roanoke and VDSS, and any and all requisite documents pertaining to the City's acceptance of these grant funds, and to furnish such additional information as may be required in connection with the City's acceptance ofthese funds. All documents shall be approved as to form by the City Attorney. ATTEST: h~ In. ~W City Clerk. K:\David\Council Work\R-VISSTA. 6-15-09.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 June 15, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Virginia Department of Social Services VISSTA Award Agreement Background: The Virginia Department of Social Services (VDSS) has granted funds for many years to Virginia Commonwealth University (VCU) for the operation of five Virginia Institute for Social Service Training Activities (VISSTA), Area Training Centers throughout the Commonwealth. From 1998 to 2007, the City of Roanoke had received a sub-award from VCU for the local supervision and operation of the Piedmont Area Training Center. Beginning in July 2007 the award has been issued by VDSS directly to the City of Roanoke. Considerations: For Fiscal Year 2010, the adopted General Fund Budget contained a revenue estimate of $472,000, based on a projection from prior years' spending. However, due to programmatic changes instituted last year, a decrease in personnel and other cost reduction initiatives, the actual award for Fiscal Year 2010 is lower at $295,861. The award is issued on a cost reimbursable basis. The VISSTA program provides valuable training classes for local Department of Social Services staff, including social workers, benefit program workers, supervisors and administrative staff, as well as staff from community partners such as non-profits and agencies serving the same clientele as the Departments Honorable Mayor and Members of City Council June 15, 2009 Page 2 of Social Services for a 32-locality region. These training events enhance the knowledge and skills of these staff, such that vulnerable children, adults and families are effectively assisted in obtaining an appropriate level of safety and self-sufficiency. Recommended Action: Authorize the City Manager or her designee to accept VISSTA award from VDSS, and to execute the Letter of Extension and Agreement Modification of the Memorandum of Agreement between the VDSS and the City of Roanoke Department of Social Services, in a form approved by the City Attorney. Adopt the accompanying budget ordinance to reduce the revenue estimate by . $176,139 to $295,861 and make corresponding expenditure adjustments to the accounts in the VISSTA budget as outlined on the attached document. Respectfully submitted, " Darlene L. Bu City Manager DLB:tem c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director of Management and Budget R. Brian Townsend, Assistant City Manager for Community Development Jane R. Conlin, Director of Human/Social Services Robert Cottrell, Manager, VISSTA Piedmont Area Training Center CM09-00099 Attachment A VISST A Expenditure Adjustments Attachment to Council Report dated 6/15/09 Budget Line Change Regular Salaries (01-630-5318-1002) (47,116) City Retirement (01-630-5318-1105) (6,924) FICA (01-630-5318-1120) (3,506) Life Insurance (01-630-5318-1130) (386) Disability Insurance (01-630-5318-1131) 34 Telephone (01-630-5318-2020) 671 Administrative Supplies (01-630-5318-2030) (444) Employee Programs (01-630-5318-2043) (12,200) Program Activities (01-630-5318-2066) (102,475) Printing (01-630-5318-2075) 1,423 Business Meals and Travel (01-630-5318-2144) 700 Postage (01-630-5318-2160) (250) Xerox Lease (01-630-5318-3045) 3,019 Other Rental (01-630-5318-3075) (9,239) 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 June 16, 2009 CECELIA T. WEBB Assistant Deputy City Clerk Ann H. Shawver D,irector of Finance Roanoke, Virginia Dear Ms. Shawver: I am attaching copy of Budget Ordinance No. 38484-061509 appropriating funds from the Roanoke Kiwanis Club for the development of amenities along the Lick Run Greenway, and amending and reordaining certain sections of the 2008-2009 Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 2009, and is in full force and effect upon its passage. ('n. rrpW Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Liz Belcher, Greenway Coordinator, Roanoke Valley Greenway Commission, 1206 Kessler Mill Road, Salem, Virginia 24153 Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Robert K. Bengtson, PE, Director, Public Works Philip C. Schirmer, PE, LS, City Engineer Sherman M. Stovall, Director, Management and Budget ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of June, 2009. No. 38484-061509. AN ORDINANCE to appropriate funding from the Roanoke Kiwanis Club for the development of amenities along the Lick Run Greenway, amending and reordaining certain sections of the 2008-2009 Grant Fund Appropriations, and dispensing with the ') second reading by title of this ordinance. BE IT ORDAINED by the. Council of the City of Roanoke that the following sections of the 2008-2009 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Expendable Equipment Revenues Kiwanis Grant FY09 35-620-4361-2035 $ 10,000 35-620-4361-4361 10,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. / .f'r1~"r->J lJuYV City CI~rk. '/' . { \" ! (., "\ ',,) .'.,\ ~ ' 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 June 16, 2009 SHEILA N. HARTMAN, CMC Deputy City Clerk CECELlA T. WEBB Assistant Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 38483-061509 accepting a grant from the Kiwanis Club of Roanoke and authorizing execution of any required documentation on behalf of the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 2009. Sincerely, htJ-l~ ^O'rJ. fr)06N Stephanie M. Moon, CMC City Clerk SM M:ew Attachment pc: Liz Belcher, Greenway Coordinator, Roanoke Valley Greenway Commission, 1206 Kessler Mill Road, Salem, Virginia 24153 Ann H. Shawver, Director of Finance William M. Hackworth, City Attorney Robert K. Bengtson, PE, Director, Public Works Philip C. Schirmer, PE, LS, City Engineer Sherman M. Stovall, Director, Management and Budget . 0,r; ~~ \ \" '. . . \ \L\ IN THE COUNCIL FOR THE CITY-OF ROANOKE, VIRGINIA The 15th day of June, 2009. No. 38483-061509. A RESOLUTION accepting a grant from the Kiwanis Club of Roanoke and authorizing execution of any required documentation on behalf ofthe City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City hereby accepts the Kiwanis Club of Roanoke grant in the amount of $10,000.00, such funding to be used for the development of amenities along the 3.1 mile Lick Run Greenway, all of which is more particularly described in the City Manager's letter dated June 15, 2009, to City Council. 2. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, on behalf ofthe City, any and all documents required by the Kiwanis Club of Roanoke pertaining to such grant, such documents approved as to form by the City Attorney, and to furnish such additional information as may be required by the Kiwanis Club of Roanoke in connection with the grant. JiilATTEST: I . , . ~Jn. . \.~' City Clerk. \ . . ~())yu R -Kiwanis-Green ways. 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 June 15, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Acceptance of Kiwanis Grant For Greenways Background: The City of Roanoke Parks and Recreation Department is a recipient of a grant in the amount of $10,000 from the Kiwanis Club of Roanoke. This grant will be used for the development of amenities along the 3.1 mile Lick Run Greenway. The elements of the project to be developed are 31 mile posts to be positioned along the edge of the greenway every tenth of a mile. The project will also include four interpretive kiosks which will be used to interpret the biological and wildlife aspects of the greenway as well as the historical values for greenway visitors. The kiosks will be developed in concept by a wildlife biology student from Wake Forest University. The kiosks as well as the mileposts will be built and installed with the assistance of a local Eagle Scout candidate and the volunteer efforts of the local Roanoke Kiwanis Club membership. In addition to these two components of the project, the remaining aspect will be the development of a "Teachers Guide" that can be used by local groups and schools to provide educational instruction by identifying the natural features of the greenway based on milepost delineation. Honorable Mayor and Members of City Council June 15, 2009 Page 2 Recommended Action: Accept the grant from the Kiwanis Club of Roanoke. Authorize the City Manager to execute any necessary documents,subject to them being approved as to form by the City Attorney, provide any additional information, and to take any necessary 'actions in order to obtain, accept, receive, implement, use, and administer such Grant. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $10,000 and to appropriate the same amount in an account to be established in the Grant Fund by the Director of Finance. Respectfully submitted, Darlene L. B. cham City Manager DLB/ld c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Asst. City Manager for Community Development Sherman M. Stovall, Director of Management and Budget Robert K.. Bengtson, PE, Director of Public Works Philip C. Schirmer, PE, LS, City Engineer CM09-00105 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 STEPHANIE M. MOON, CMC City Clerk June 16, 2009 SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk Darlene l. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 38485-061509 authorizing the City Manager to designate the Council of Community Services to apply for and administer an American Recovery and Reinvestment Act 2009 Strengthening Communities grant to provide funds for operation of the Non-Profit Resource Center. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 2009. Sincerely, . A~ Pl.'YrpW Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Ann H. Shawver, Director of Finance William M. Hackworth, City Attorney Sherman M. Stovall, Director, Management and Budget Jane R. Conlin, Director, Human/Social Services J~\)<. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of June, 2009. No. 38485-061509. A RESOLUTION authorizing the City Manager to designate the Council of Community Services to apply for and administer an American Recovery and Reinvestment Act (ARRA) 2009 Strengthening Communities grant to provide funds for operation of the Non-Profit Resource Center. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized to designate the Council of Community Services to apply for and administer an American Recovery and Reinvestment Act (ARRA) 2009 Strengthening Communities grant fund, HHS-2009-ACF-OCS-SN-0092, as more particularly set forth in the letter dated June 15,2009, from the City Manager to this Council. 2. The City shall have no further responsibility with regard to this grant, and the grant funds shall not come to or pass through the City. ATTEST: m''O'YjonnJ City Clerk. R-Strengthening Communities grant-2009.doc 1 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 June 15, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Proposal for American Recovery and Reinvestment Act (ARRA) of 2009 - Strengthening Communities Fund Background: The American Recovery and Reinvestment Act (ARRA) of 2009 Strengthening Communities stimulus funds are being made available to State, Local, and Tribal governments or their designees. The purpose of this grant program is to build the capacity of government offices (or their authorized designee) that provide outreach to faith-based and . community-based organizations and to assist nonprofit organizations in addressing the broad economic recovery issues present in their communities, including helping low-income individuals secure and retain employment, earn higher wages, obtain better-quality jobs, and gain greater access to State and Federal benefits and tax credits. Considerations: The Council of Community Services launched the Non-Profit Resource Center in December, 2006, to address the problem of non profits having limited access to technical assistance and support, and to help the Honorable Mayor and Members of City Council June 15, 2009 Page 2 nonprofit organizations operate more efficiently. It is responsive to the needs of local organizations and serves as an advocate for non profits to increase the overall community's understanding of the critical roles non profits play in addressing difficult social issues and problems. The City has been very supportive of the Non-Profit Resource Center and the services it provides to the nonprofits. The Council of Community Services is respectfully requesting that the City designate the Co~mcil of Community Services' Non-Profit Resource Center as the authorized designee of the ARRA 2009 Strengthening Communities grant fund, HHS- 2009-ACF-OCS-SN-0092. Such designation is required by the grant. If City Council authorizes the Council of Community Services to apply for these funds, in an amount to be determined by the Council of Community Services, the City will have no further involvement with this grant, and the funds will not come to or pass through the City. Recommendations: Authorize the City Manager to designate the Council of Community Services to apply for and administer the ARRA of 2009 Strengthening Communities grant funds, HHS-2009-ACF-OCS-SN-0092. All documents shall be approved as to form by the City Attorney. Respectfully sub ~. / Darlene l. Bur ham City Manager c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director of Management and Budget R. Brian Townsend, Asst. City Manager for Community Development Jane R. Conlin, Director of Human Services CM09-00096 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephom,: (540) 853-2541 . Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov STEPHANIE M. MOON, CMC City Clerk June 16, 2009 SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 38487-061509 authorizing the City Manager to execute Amendment No.2 to the 2007/2008 CDBG and HOME Agreement with Blue Ridge Housing Development Corporation, Inc., dated September 1, 2007, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 2009. Sincerely, hi. ~OOYJ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Ann H. Shawver, Director of Finance William M. Hackworth, City Attorney Sherman M. Stovall, Director, Management and Budget Thomas N. Carr, Director, Planning, Building and Development Frank E. Baratta, Budget Team Leader ;~ . IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of June, 2009. No. 38487-061509. A RESOLUTION authorizing the City Manager to execute Amendment No. 2 to the 200712008 CDBG and HOME Agreement with Blue Ridge Housing Development Corporation, Inc., dated September 1,2007, upon certain telIDS and conditions. ~ BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, Amendment No.2 to the 2007/2008 CDBG and HOME Agreement with Blue Ridge Housing Development Corporation, Inc., dated September 1, 2007, relating to the New Gilmer project, for the purpose of deobligating funds in the amount of $82,560, upon such terms and conditions as are more particularly set forthin the City Manager's letter dated June 15, 2009, to City Council. 2. The form of such Amendment No.2, and any necessary amendments thereto, shall be approved by the City Attorney. ATTEST: ~fi),rn~lM-> City Clerk. I R-CDBG-Blue Ridge Housing-New Gilmer-Amend2.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1I45 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk June 16, 2009 CECELIA T. WEBB Assistant Deputy City Clerk Darlene l. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham:' I am attaching .copy of Resolution No. 38486-061509 authorizing the City Manager to execute Amendment No.1 to the 2006/2007 CDBG and HOME Agreement with Blue Ridge Housing Development Corporation, Inc., dated December 1, 2006, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15,2009. Sincerely, rn. dO)D~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Ann H. Shawver, Director of Finance William M. Hackworth, City Attorney Sherman M. Stovall, Director, Management and Budget , Thomas N. Carr, Director, Planning, Building and Development Frank E. Baratta, Budget Team Leader ,\O~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of June, 2009. No. 38486-061509. A RESOLUTION authorizing the City Manager to execute Amendment No. 1 to the 2006/2007 CDBG and HOME Agreement with Blue Ridge Housing Development Corporation, Inc., dated December 1, 2006, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized on behalf ofthe City to execute and attest, respectively, Amendment No.1 to the 2006/2007 CDBG and HOME Agreement with Blue Ridge Housing Development Corporation, Inc., dated December 1, 2006, relating to the Officer at Home II proj ect, for the purpose of deobligating funds in the amount of $1 06, 186, upon such terms and conditions as are more particularly set forth in the City Manager's letter dated June 15,2009, to City Council. 2. The form of such Amendment No.1, and any necessary amendments thereto, shall be approved by the City Attorney. ATTEST: ~f:n:O"o\DOnJ . City Clerk.. ) '. R-CDBG-Blue Ridge Housing-HomeIl-Amendl.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 June 15, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice-Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Amendments to Blue Ridge Housing Development Corp. CDBG/HOME Agreements Background: Blue Ridge Housing Development Corporation ("BRH") continues to work with the City to resolve the issues concerning the payment of program income due. While a payment plan remains to be finalized and implemented, it is advantageous for the City to keep current agreements with BRH in effect. Moreover, the City is willing to assist BRH in its efforts to regain stability through resuming housing development, with safeguards to ensure each housing unit initiated is completed with some scaling back on the number of units to be produced. The scaling back means that some funds currently encumbered will not be used and would become available for other City projects. Considerations: In planning for the 2009-2010 period, City staff estimated the amount of BRH funds to be freed up for use in other City projects. However, the specific projects and actual amounts to be freed up have only recently been finalized so that formal action could be taken. A total of $188,746 in Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) funds is to be deobligated, which exceeds the direct authority of the City Manager for amending grant-funded agreements under the City Code, necessitating Council authorization. The deobligations include $82,560 from the New Gilmer project and $106,186 Officer at Home "project. The New Gilmer project has Honorable Mayor and Members of City Council June 15, 2009 Page 2 development sites on the 200 to 400 blocks of Gilmer Avenue in Gainsboro and will be reduced from 5 to 4 single family units. The Officer at Home II project was to produce 2 single family units for sale to police officers, but will be concluded with only 1 unit completed and sold. It should be noted that the Officer at Home II project used HOME funds and, given the applicable federal regulations, required police officers to meet low- and moderate-income criteria. No police officers were able to qualify and the unit was marketed and ultimately sold to a member of the general eligible population. While no additional units will be produced under the Officer at Home II project, BRH is to produce 2 units under the Market-Rate Officer at Home project, which is continuing and is using CDBG funds through a regulatory option that is not subject to the low- and moderate-income limitations. \ Recommended Action: Authorize the City Manager to execute Amendment No.1 to the BRH Officer at Home II Agreement, dated December 1, 2006, deobligating $106,186, and. Amendment No.2 to the BRH New Gilmer Agreement, dated September 1, 2007, deobligating $82,560, similar in form and content to the drafts attached to .this report, and approved as to form by the City Attorney. Respectfully submitted, Darlene L. Burc City Manager Attachments c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Thomas N. Carr, Director of Planning, Building and Development Frank E. Baratta, Budget Team Leader CM09-00093. AMENDMENT No.1 This Amendment No.1 is made and entered into this 29th day of May, 2009, by and between the City of Roanoke (AGrantee@) and Blue Ridge Housing Development Corporation, Inc. ("Subgrantee"). W I TN E SSE T H: WHEREAS, by Resolution No.3 7391-0511 06, the Council of the City of Roanoke, Virginia, ("Cou~cil") approved the 2006-2007 Annual Update to the Consolidated Plan for submission to the U.S. Department of Housing and Urban Development ("HUD"), including the Subgrantee's 2006-2007 activities to be assisted with Community Development Block Grant ("CDBG") and HOME Investment Partnerships Program ("HOME") funds; and WHEREAS, by Resolution No. 37423-061906 and by Ordinance No. 37422-061906, Council accepted and appropriated the 2006-2007 CDBG and HOME funds; and WHEREAS, by Resolution No. 37646-121806, Council approved the eX'ecution of a sub grant agreement ("Agreement") between the Grantee and the Subgrantee; NOW THEREFORE, the Grantee and the Sub grantee do mutually agree to this Amendment No.1, which effects the following changes 1. The number of units to be produced under the Agreement shall be reduced from 2 to 1 by revising the "Performance Factors" subsection under Section l.b., "Housing Development," which shall now read: * * * * * Performance Factors: It is expected that the Subgrantee shall complete and sell to eligible buyers at least 1 single-family unit. * * * * * 2. The period of the Agreement shall be changed to end December 31, 2009, or upon [mal acceptance by the Grantee of all program income due, if any, whichever is later, by revising Section 1.f., "Period of this Agreement," which shall now read: * * * * * f. Period of this Agreement - This Agreement shall be effective as of December 1,2006. In order to account for the potential homebuyer initial lease period of up to 36 months, and, unless amended, this Agreement shall end December 31, 2009, or upon [mal acceptance by the Grantee of all program income, if any, due to the Grantee from the Subgrantee's rental and/or sale of the units developed under this Agreement, whichever is later. * * * * * 3. Funding provided for the Agreement shall be reduced by$106,186.00 from $222,320.00 to $116,134.00 in accordance with the revised Attachment A, "2006/2007 BRHDC CDBG and HOME Agreement Financial Accounts," included with this Amendment No.1. The Agreement, dated December 1, 2006, shall remain unchanged in all other terms and provisions. , . Page 1 of 3 Pages IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.1 as of the day and year hereinabove written: ATTEST: FOR THE GRANTEE: By By Stephanie M. Moon, City Clerk Darlene L. Burcham, City Manager ATTEST: FOR THE SUBGRANTEE: By By Carolyn H. Coles, Secretary Alvin Nash, President and CEO APPROVED AS TO CDBG/HOME ELIGIBILITY APPROVED AS TO FORM Dept. of Planning, Building and Development Assistant City Attorney APPROVED AS TO EXECUTION APPROPRIATION AND FUNDS REQUIRED FOR THIS CONTRACT CERTIFIED Assistant City Attorney Director of Finance Date Account # (See Attachment A) (This space intentionally left blank.) Page 2 of 3 Pages Attachment A 2006/2007 BRHDC CDBG and HOME Agreement Financial Accounts Account # Description Project Delivery Operating Total CDSG Funds: 35-G07-0nO-5368 Officer at Home 15,578 0 NA 15,578 35-G07-0nO-543I Officer at Home 0 10,992 NA 10,992 Total CDSG 15,578 10,992 NA 26,570 HOME Funds: 35-090-5364-5510 Officer at Home 8,223 NA 0 8,223 35-090-5364-5511 Officer at Home 0 NA 22,506 22,506 35-090-5364-5512 Officer at Home (CHDO Project) 52,646 NA 0 52,646 35-090-5364-5513 Officer at Home (CHDO Operating) 0 NA 6,189 6,189 Total HOME and HOME/CHDO 60,869 NA 28,695 89,564 Total CDSG and HOME (inc!. CHDO) 76,447 10,992 28,695 116,(34 (This space intentionally left blank.) Page 3 of 3 Pages AMENDMENT No.2 This Amendment No.2 is made and entered into this 29th day of May, 2009, by and between the City of Roanoke (AGrantee@) and Blue Ridge Housing Development Corporation, Inc. ("Subgrantee"). WIT N E SSE T H: WHEREAS, by Resolution No.3 7777 -051407, the Council of the City of Roanoke, Virginia, ("Council") approved the 2007-2008 Annual Update to the Consolidated Plan for submission to the U.S. Department of Housing and Urban Development ("HUD"), including the Sub grantee ' s 2007/2008 activities to be assisted with Community Development Block Grant ("CDBG") and HOME Investment Partnerships Program ("HOME") funds; and . WHEREAS, by Resolution No. 37803-061807 and by Ordinance No. 37804-061807, Council accepted and appropriated the 2007-2008 CDBG and HOME funds; and WHEREAS, by Resolution No. 37906-091707, Council approved the execution of a sub grant agreement ("Agreement") between the Grantee and the Subgrantee; and WHEREAS, in accordance with S 2-124 of the City Code, as amended, the City Manager is authorized to execute amendments to sub grant agreements that do not change the net amount of grant funds involved by more than twenty-five thousand dollars ($25,000.00), under which authority the Grantee and the Subgrantee mutually agreed to Amendment No.1, extending the period of the Agreement to December 31,2009; NOW THEREFORE, the Grantee and the Subgrantee do mutually agree to this Amendment No.2, which effects the following changes 1. The number of units to be produced under the Agreement shall be reduced from 5 to 4 by revising Section I.e., "Performance Expectations," subsection (2), "Specific Quantifiable Objectives," which shall now read: * * * .* * (2) Specific Quantifiable Objectives: It is expected that this projectwill achieve the following: · By March 31, 2010, it is expected that the Subgrantee shall complete at least 4 single-family units. · By June 30, 2010, it is expected that the Subgrantee shall complete the sale of all 4 single- family units to eligible buyers as described below. * * * * * 2. The period of the Agreement shall be extended to June 30, 2010, by revising Section l.f., "Period of this Agreement," which shall now read: * * * * * f. Period of this Agreement- This Agreement shall be effective as of September 1, 2007, and, unless amended, shall end June 30, 2010. * * * * * Page 1 of3 Pages 3. Funding provided for the Agreement shall be reduced by$82,560.00 from ~470,707.00 to $388,147.00 in accordance with the revised Attachment A, "2007/2008 BRHDC CDBG and HOME Agreement Financial Accounts," included with this Amendment No.2 The Agreement, dated September 1,2007, and Amendment No.1, dated December 31,2008, shall remain unchanged in all other terms and provisions. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.2 as of the day and year hereinabove written: ATTEST: FOR THE GRANTEE: By By Stephanie M. Moon, City Clerk Darlene L. Burcham, City Manager ATTEST: FOR THE SUBGRANTEE: By By Carolyn H. Coles, Secretary Alvin Nash, President and CEO APPROVED AS TO CDBG/HOME ELIGIBILITY APPROVED AS TO FORM Dept. of Planning, Building and Development Assistant pty Attorney APPROVED AS TO EXECUTION APPROPRIATION AND FUNDS REQUIRED FOR THIS CONTRACT CERTIFIED Assistant City Attorney Director of Finance Date Account # (See Attachment A) Page 2 of 3 Pages Attachment A 2007/2008 BRHDC CDBG and HOME Agreement Financial Accounts Account # Description Project Delivery Operating Total CDBG Funds: 35-G08-0820-5485 New Gilmer Project 18,000 0 NA 18,000 35-G08-0820-5492 New Gihner Project 0 17,000 NA 17,000 Total CDBG 18,000 17,000 NA 35,000 HOME Funds: 35-090-5366-5492 New Gihner Project (CHDO Project) 101,293 NA 0 IOJ ,293 35-090-5366~5493 New Gilmer Project (CHDO Operating) 0 NA 15,129 15,129 35-090-5366-5494 New Gihner Project 209,805 NA 0 209,805 35-090-5366-5495 New Gihner Project 0 NA 26,920 26,920 Total HOME and HOME/CHDO 311,098 NA 42,049 353,147 Total CDBG and HOME (incl. CHDO) 329,098 17,000 42,049 388,147 (This space intentionally left blank.) Page 3 of3 Pages 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 June 16, 2009 CECELIA T. WEBB Assistant Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 38488-061509 establishing and approving an increase to the monthly pass price for the Greater Roanoke Transit Company (GRTC), d/b/a Valley Metro, service for people with disabilities under the Specialized Transit Arranged Ride (STAR) Program; and authorizing the City Manager to take any necessary action to accomplish the implementation, administration, and enforcement of such- monthly pass price increase. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 2009. Sincerely, ~ hi. OO)blW Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Carl L. Palmer, General Manager, Valley Metro, P. O. Box 13247, Roanoke, Virginia 24032 Ann H. Shawver, Director of Finance William M. Hackworth, City Attorney Gary E. Tegenkamp, Assistant General Counsel, GRTC p,-r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of JUne, 2009. No. 38488-061509. A RESOLUTION establishing and approving an increase to the monthly pass price for the Greater Roanoke Transit Company (GRTC), dba Valley Metro, service for people with disabilities under the Specialized Transit Arranged Ride (STAR) Program; and authorizing the City Manager to take any necessary action to accomplish the implementation, administration, and enforcement of such monthly pass price increase. WHEREAS, the GRTC Board of Directors has approved and adopted an increased monthly pass price for GRTC's service for the STAR Program from $84.00 per month to $96.00 per month as set forth in the City Manager's letter dated June 15,2009, to this Council; and WHEREAS, GRTC has requested that City Council establish and approve such increased monthly pass price pursuant to Section 34-22 (a) of the Code of the City of Roanoke. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council hereby establishes and approves the increased monthly pass price for GRTC service for the STAR Program as set forth above from $84.00 per month to $96.00 per month that was approved and adopted by the GR TC Board of Directors, all as set forth in the City Manager's letter dated June 15, 2009, such increased monthly pass price to be effective on July 6,2009. 2. The City Manager is hereby authorized to take any necessary action to accomplish the implementation, administration, and enforcement of such monthly pass price increase. R-GRTC Star pass increase-2009.doc 3. The City Clerk is directed to certify a copy of this Resolution to the General Manager ofGRTC. ATTEST: t4--,. D - -~.~r)O>v ~(.,V~ City Clerk. \,', \ R-GRTC Star pass increase-2009.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 June 15, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Proposed STAR Service Fare Change Background: As required by Section 34-22(a) of the Code of the City of Roanoke, the Greater Roanoke Transit Company (GRTC) has requested that City Council concur in the adoption of a new monthly rate for the Specialized Transit Arranged Ride (STAR) program. The STAR program is a service that supports people with disabilities. The current monthly pass is $84.00, GRTC is recommending an increase to $96.00 per month. The STAR monthly pass program affords each rider an unlimited number of rides each month. The proposed change in the price of the STAR monthly pass from $84 to $96 is a 14% increase. Based on the Americans with Disabilities Act (ADA) regulatory limit of $3.00 per one way trip charge for service, the value of the $96 pass equates to 32 one-way trips per month. Assuming a STAR passenger will take one round trip per day, the pass will pay for itself at the end of 16 days. This proposed fare increase is consistent with FTA fare guidelines. These guidelines do not require a discounted pass program. A public hearing to receive comments on the proposed STAR monthly pass fare change was held by GRTC on June 10, 2009 at 4:30 p.m. and 6:30 p.m. The results of those public meetings were transmitted to the GRTC Board of Directors for their June 1 5, 2009 Board meeting. Honorable Mayor and Members of City CounCil June 15, 2009 Page 2 Recommendation: Approve the recommended STAR service monthly pass price increase from $84 to $96 per month, effective July 6, 2009, as set forth above. Respectfully submitted, Darlene L. Burcham City Manager ; DLB:jb c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance James Grigsby, Assistant City Manager for Operations Carl Palmer, General Manager of Valley Metro 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 Ann H. Shawver Director of Finance Roanoke, Virginia Dear Ms. Shawver: June 16, 2009 SHEILA N, HARTMAN, CMC Deputy City Clerk CECELlA T, WEBB Assistant Deputy City Clerk I am attaching copy of Budget Ordinance No. 38489-061509 appropriating funds from the Economic and Community Development Reserve for the Enterprise Zone Projects, and amending and reordaining certain sections of the 2009-2010 Capital Projects Fund Appropriations. The abover'eferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15,2009, and is in full force and effect upon its passage. SMM:ew Attach ment n,'1'Y)OIW Stephanie M. Moon, CMC City Clerk pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Sherman M. Stovall, Director, Management and Budget Lindsay Hurt, Economic Development Specialist ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of June, 2009. No. 38489-061509. AN ORDINANCE to appropriate funding from the Economic and Community Development Reserve for the Enterprise Zone Projects, amending and reordaining certain sections of the 2009-2010 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2009-2010 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from General Revenue Appropriated from General Revenue Fund Balance Economic and Community Development Reserve - Unappropriated 08-310-9736-9003 08-310-9630-9003 . 08-3365 $ 200,000 50,000 ( 250,000 ) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: 4--+- ~. r",^"01\Dth \ A~ ','>1. - .' ..t.,ll'tV City ClerK. ',i \:".\ 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 June 15, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Appropriation of FY 2009-2010 Funds for Enterprise Zone Background: A revised Virginia Enterprise Zone program was established by the General Assembly in 2005 through the Virginia Enterprise Zone Act. An Enterprise Zone is a geographically defined area designated by the Governor. The state and local government enter into a partnership to encourage business expansion and recruitment by offering both state and local incentives. The City of Roanoke has two main zone boundaries, Zone One A and Zone Two. Zone One A has one subzone and Zone Two has two additional subzone boundaries. The main difference between the zones is that the building facade grant is available only in Zone One A and its subzone, which incorporates the older industrial areas in the core of the City and downtown, and the maximum caps differ slightly for certain fee rebates and programmatic incentives. There is a Parking Lot grant which is exclusive to Zone Two. This grant provides incentives to businesses to pave gravel parking lots that have a direct connection to a City storm water detention pond in order to decrease ongoing, long-term maintenance of these facilities. Consideration: A requirement of designation is that the City of Roanoke offer certain local incentives. These incentives were set forth in the original application and Honorable Mayor and Members of City Council June 15, 2009 Page 2 subsequent amendments approved by City Council. In order for the City of Roanoke to continue to offer the local incentives as set forth in, the designation application and subsequent amendments, an annual appropriation of funds is needed. Based on funds remaining from previous appropriations, additional funding in the amount of $250,000 is required for related grants for Fiscal Year 2009-2010. The building facade improvement program has become a very popular and useful tool in Enterprise Zone One A over the past several years. As of April, in Fiscal Year 2008-2009, $239,959 in facade grant payments leveraged approximately $843,844 in additional estimated private investment in building facade improvements. In many cases, these facade improvements are part of overall building rehabilitation projects which result in additional real property investment. To address anticipated demand for the program in Fiscal Year 2009-2010, based on historic utilization, an appropriation of $200,000 is needed. In addition, an appropriation of $ 50,000 is needed to support the refunding of various development and building permit fees of eligible projects undertaken in the Enterprise Zone anticipated to be applied for during FY201 O. Recommendation: Adopt the accompanying budget ordinance appropriating $250,000 from the Economic and Community Development Reserve to the following accounts: '08-310-9736-9003 (Enterprise Zone Facade Grants) 08-310-9630-9003 (Enterprise Zone Rebates) $200,000 $ 50,000 Respectfully submitted, Darlene L. Bu cham City Manage DLB: rbl c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Asst. City Manager for Community Development Sherman M. Stovall, Director of Management and Budget Lindsay Hurt, Economic Development Specialist CM09-00095 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 T. WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk June 16, 2009 Ann H. Shawver Director of Finance Roanoke, Virginia Dear Ms. Shawver: I am attaching copy of Budget Ordinance No. 38490-061509 appropriating funds from the Commonwealth and to transfer funds from the Department of Social Services to the Comprehensive Services Act, and amending and reordaining certain sections of the 2008-2009 General Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15,2009, and is in full force and effect upon its passage. Sincerely, ~o~~r;ttV City Clerk SMM:ew Attachment pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Sherman M. Stovall, Director, Management'and Budget Jane R. Conlin, Director, Human/Social Services ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of June, 2009. No. 38490-061509. AN ORDINANCE to appropriate funding from the Commonwealth and to transfer funding from the Department of Social Services to the Comprehensive Services Act, amending and reordaining certain sections of the 2008-2009 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2008-2009 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows, in part: Appropriations Fleet Capital Billing Burial Expenses Auxiliary Grant Program General Relief Emergency Relief Purchased Services TFC Non-IVE Children Fees for Professional Services 01-530-4210-7027 01-630-1270-2301 01-630-5313-3120 01-630-5313-3125 01-630-5314-3145 01-630-5316-3160 01-630-5410-4606 01-630-5411-2010 $ (30,000) (2,000) (20,000) (3,750) (30,000) (13,950) 350,000 (5,300) Revenues CSA-State Supplemental 01-110-1234-0692 245,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. AT~TEST:"", ,/ , (Vi'; . " (, ;'. ~lJYL/ . City Clerk",: . I \ 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 June 15,2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Additional Funding for the Comprehensive Services Act Background: The Comprehensive Services Act (CSA) which was established in 1993 provides out-of-home services to troubled and at-risk youth and their families through a collaborative system of state and local agencies, parents, and private sector providers. These services include mandated foster care, certain special education services, and foster care prevention. CSA also provides services to certain targeted non-mandated populations. Considerations: CSA expenditures are projected at $14,850,000 for FY 2009. Based on this projection, expenditures will exceed the current CSA FY 2009 appropriation of $14,500,000 by $350,000. The additional funding anticipated from the Commonwealth of Virginia for CSA is $245,000, therefore, additional local funding in the amount of $105,000 is required. CSA is mandated to provide sum-sufficient funding for children in or at risk of foster care and children in special education. The CSA program serves more than 400 families per year. The increase in costs is attributed to an increase in rates for services and decreased Medicaid funding from the State for some services. Honorable Mayor and Members of City Council June 15, 2009 Pag e 2 J Recommended Action: Adopt the accompanying budget ordinance to increase the revenue estimate from the Commonwealth of Virginia in the amount of $245,000 for the Comprehensive Services Act program. Transfer funding in the amount of $105,000 from the following accounts: 01-630-1270-2301 (Burial Expenses) 01-630-5313-3120 (Auxiliary Grant) 01-630-5313-3125 (General Relief) 01-630-5314-3145 (Emergency Relief) 01-630-5316-3160 (Purchased Services) 01-630-5411-2010 .(Fees for Professional Services 01-530-4210-7027 (Fleet Capital) 2,000 20,000 3,750 30,000 13,950 5,300 30,000 Appropriate/transfer funding in the amount of $350,000 to the following account: 01-630-5410-4606 (TFC Non-IVE Children) 350,000 Respectfully submitted, Darlene L. Bur ham City Manager c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director of Management and Budget R. Brian Townsend, Assistant City Manager for Community Development Jane R. Conlin, Director of Human Services . / (' CM09-00102 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 STEPHANIE M. MOON, CMC yroanokeva.gov City Clerk SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk June 16, 2009 William M. Hackworth City Attorney Roanoke, Virginia Dear Mr. Hackworth: I am attaching copy of Ordinance No. 38491-061509 to readopt and reenact the Code of City of Roanoke (1979), as amended. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 2009, and is in full force and effect upon its passage. Sincerely, ~h7. PJd~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: The Honorable Donald S. Caldwell, Commonwealth's Attorney Darlene L. Burcham, City Manager Ann H. Shawver, Director of Finance A. L. Gaskins, Chief of Police Cecelia R. Webb, Assistant Deputy City Clerk Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32316 (electronic version) tl~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of June, 2009. No. 38491-061509. AN ORDINANCE to readopt and reenact the Code of the City of Roanoke (1979), as amended; and dispensing with the second reading by title of this ordinance. WHEREAS, by Ordinance No. 25043, adopted April 7, 1980, this Council adopted and enacted a new code for the City of Roanoke entitled the Code of the City of Roanoke (1979) (hereinafter sometimes referred to as the "City Code"); WHEREAS, such Code, as amended, contains certain provisions which incorporate by reference portions of the Code of Virginia (1950), as amended, (hereinafter "State Code"); WHEREAS, from time to time, certain of these State Code sections which are incorporated by reference in the City Code have been amended by the General Assembly; WHEREAS, such amendments are a matter of public record which are set forth in the Acts of Assembly and supplements and replacement volumes of the State Code; and WHEREAS, it is the desire ofthis Council that those provisions of the City Code which adopt by reference State Code provisions shall be fully consistent with enactments of the most recent Session ofthe General Assembly. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Code ofthe City of Roanoke (1979), as amended, a copy of which is on file in the City Clerk's Office, consisting of Chapters 1 through 36.2, each inclusive, is hereby readopted and reenacted. Such Code amendments heretofore and hereafter adopted shall continue to be mown as the Code ofthe City of Roanoke (1979), as amended. 2. With respect to sections or provisions of the State Code incorporated by reference in the City Code, Council recognizes any amendments made to such sections or provisions of the State Code by the most recent Session ofthe General Assembly and hereby expresses the intent and , ordains that such amendments to sections or provisions ofthe State Code incorporated by reference in the City Code shall be included in the City Code verbatim as enacted by the most recent Session of the General Assembly. 3. Any reference in the City Code to any section, article or chapter from former Titles of the State Code shall be deemed and construed to apply to the successor section, article or chapter of the State Code, comparable sections being set out in Tables of Comparable Sections for certain Repealed and Revised Titles published in Volume 10. 4. Pursuant to Section 12 of the City Charter, the second reading ofthis ordinance by title is hereby dispensed with. ATTEST: --!s:tt/t~,h1. rn olYu City Clerk. [ I ., K:\Mea~lIre~\Yearlv M"a<lIT"o\200R\r"annnt "itv "nn" 70011 nn" CITY OF ROANOKE OFFICE OF CITY ATIORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 WILLIAM M. HACKWORTH CITY AlTORNEY TELEPHONE: 540-853-2431 FAX: 540-853-1221 EMAIL: cityatty@roanokeva.gov June 15,2009 TIMOTHY R. SPENCER STEVEN J. TALEVI GARY E. TEGENKAMP DAVID L. COLLINS HEATHERP.FERGUSON ASSISTANT CITY AlTORNEYS The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Reenactment of City Code Dear Mayor Bowers and Council Members: Since 1982, City Council has reenacted and recodified the City Code on an annual basis in orqer to properly incorporate in the Code amendments made by the General Assembly at the previous Session to State statutes that are incorporated by reference in the City Code. This procedure ensures that the ordinances codified in our Code incorporate the most recent amendments to State law. Incorporation by reference is frequently utilized in local codes to preclude having to set out lengthy provisions of State statutes in their entirety. In addition, the technique ensures that local ordinances are always consistent with the State law as is generally required. The procedure whereby a local governing body incorporates State statutes by reference after action of the General Assembly has been approved by the Attorney General. See Report of the Attorney General (1981-1982) at 272. I recommend that Council adopt the attached ordinance to readopt and reenact the Code of the City of Roanoke (1979), as amended. Ifthe attached ordinance is not adopted, City Code sections incorporating provisions of the State Code amended at the. last Session of the General Assembly may not be deemed to include the recent amendments and may be impermissibly inconsistent which could result in the dismissal of criminal prosecutions under these City Code sections. Sincerely yours, u~ M.~ William M. Hackworth City Attorney WMH:lsc Attachment c: Darlene L. Burcham, City Manager The Honorable Donald S. Caldwell, Commonwealth's Attorney A. L. "Joe" Gaskins, Chief of Police Stephanie M. Moon, City Clerk 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 CECELIA T. WEBB Assistant Deputy City Clerk June 16, 2009 - William M. Hackworth City Attorney Roanoke, Virginia Dear Mr. Hackworth: I am attaching copy of Ordinance No. 38492-061509 amending Section 32-103.23, Requirements, of Article II, Real Estate Taxes Generally, Division 9, Tax Rate for Certain Energy-Efficient Buildings. Chapter 32, Taxation, Code of the City of Roanoke (1979), in order to conform it with changes in the'Code of Virginia. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15,2009, and is in full force and effect on July 1, 2009. Sincerely, ~fh.~w Stephanie M. Moon, CMC City Clerk SMM:ew Attachment ..J William M. Hackworth June 16, 2009 Page 2 pc: The Honorable Brenda S. Hamilton, Clerk of Circuit Court The Honorable Sherman A. Holland, Commissioner of the Revenue The Honorable Evelyn W. Powers, City Treasurer Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32316 (electronic version) Ronald S. Albright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Raymond F. Leven, Office of the Magistrate Lora A. Wilson, Law Librarian Susan S. Lower, Director, Real Estate Valuation Cecelia T. Webb, Assistant Deputy City Clerk f\ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of June, 2009. No. 38492-061509. AN ORDINANCE amending Section 32-103.23, Requirements, of Article II, Real Estate Taxes Generally, Division 9, Tax Rate for Certain Energy-Efficient Buildings, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), in order to conform it with changes in the Code of Virginia that are effective July 1, 2009; providing for an effective date; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 32-103.23, Requirements, of Article II, Real Estate Taxes Generally, Division 9, Tax Rate for Certain Energy-Efficient Buildings, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained. to read and provide as follows: 932-103.23. Requirements. The special tax rate provided by this division shall be granted to applicants meeting the following requirements: (1) The title to the property for which it is claimed is held, or partially held, by the person claiming the exemption. (2) As required by section 58.1-3221.2, Code oJ Virginia, the applicant . shall submit a certification that the building has been determined to be an ~nergy-efficient building. If the certification is that the building exceeds the energy standards provided by the Virginia Uniform Statewide Building Code by thirty (30) percent, the certification. shall be by a qualified liceu3cdarchitect, professional engineer or licensed contractor who is not related to the applicant, which licensed engineer or contractor shall certify to the applicant that he or she has the qualifications to provide such certification. If the certification is that the building is certified under one of the programs in clauses (i) through (iv) of section 58.1-3221.2.C., Code of K:\Measures\Code Amendment Chapter 32 Taxation Section 32-103.23.docdoc 1 Virginia, then the applicant may (a) submit evidence that the building meets or exceeds the performance standards or guidelines of the program, or (b) a qualified, architect or licensed professional engineer designated by the city shall determine, at the expense of the applicant, whether the building meets . or exceeds the performance standards or guidelines under any program described in clauses (i) through (iv) of"section 58.1-3221.2.C., Code of Virginia. 2. This ordinance shall take effect July 1, 2009. 3. Pursll;ant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is dispensed with. ATTEST ~7vJ.wtO>u City qfer;k. K:\Measures\Code Amendment Chapter 32 Taxation Section 32-103.23.docdoc 2 CITY OF ROANOKE OFFICE OF CITY ATIORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE. VIRGINIA 24011-1595 WILLIAM M. HACKWORTH CITY ATIURNEY TELEPHONE: 540-853-2431 FAX: 540-853-1221 EMAIL: cityally@roanokeva.gov TIMOTBYR. SPENCER STEVEN J. TALEVI GARY E. TEGENKAMP DAVID L. COLLINS BEAmER P. FERGUSON ASSISTANTCITY ATIURNEYS June 15,2009 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Special Tax Rate for Certain Energy Efficient Buildings Dear Mayor Bowers and Council Members: During the last session of the General Assembly, 958.1-3221.2, Code of Virginia, which authorizes localities to establish special tax rates for certain energy efficient buildings, was amended. This necessitates that the City's ordinance adopted pursuant to this legislation, set out in 932-103.23 of the City Code, be amended to conform with the State enabling legislation. The amendment pertains to who is eligible to certify that eligible buildings meet the standards for the special tax rate. An ordinance amending 932-103.23 of the City Code to conform it to the enabling legislation is attached for your consideration. Please let me know if you have any questions about his matter. With kindest personal regards, I am Sincerely yours, ()~ ~.~ William M. Hackworth City Attorney WMH/lsc c: Darlene L. Burcham, City Manager Ann Shawver, Director of Finance 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 June 16, 2009 CECELIA T. WEBB Assistant Deputy City Clerk Ann H. Shawver Director of Finance Roanoke, Virginia Dear Ms. Shawver: I am attaching copy of Budget Ordinance No. 38493-061509 appropriating funds from the Federal Government, Commonwealth of Virginia, local match, fees, and Roanoke Redevelopment and Housing Authority for various educational programs and amending and reordaining certain sections of the 2008-2009 School Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 2009, and is in full force and effect upon its passage. Sincerely, :i:::~~ City Clerk SM M: ew Attachment pc: Cindy H. Poulton, Clerk, Roanoke City Public Schools, P. O. Box 13145, Roanoke, Virginia 24031 Glenda Edwards, Executive Director, Roanoke Redevelopment & Housing Authority, P. O. Box 6359, Roanoke, Virginia 24017 Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Sherman M. Stovall, Director, Management and Budget ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of June, 2009. No. 38493-061509. AN ORDINANCE to appropriate funding from the Federal government, Commonwealth of Virgina, local match, fees, and Roanoke Redevelopment and Housing Authority for various educational programs amending and reordaining certain sections of the 2008-2009 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 2008-2009 School Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Instructional Supervisor Retiree Health Credit Social Security Virginia Retirement System Health/Dental Group Life Insurance Mileage T ravel Conventions/Education Instructional Supplies Technical Hardware Capital Equipment Capital Data Processing Instructional Supervisor Retiree Health Credit Social Security Virginia Retirement System Health/Dental Group Life Insurance Mileage Travel Conventions/Education Instructional Supplies Technical Hardware Capital Data Processing Supplemental Pay Supplemental Pay Social Security Social Security Mileage Mileage Travel Conventions/Education Travel Conventions/Education Parent Involvement Parent Involvement Instructional Supplies 302-110-0000-0320-157C-61100-41124-2-01 302-110-0000-0320-157C-61100-42200-2-01 302-11 0-0000-0320-157C-611 00-42201-2-01 302-11 0-0000-0320-157C-611 00-42202-2-01 302-11 0-0000-0320-157C-611 00-42204-2-01 302-110-0000-0320-157C-61100-42205-2-01 302-11 0-0000-0320-157C-611 00-45551-2-01 302-110-0000-0320-1570-61100-45554-2-01 302-110-0000-0320-1570-61100-46630-2-01 302-110-0000-0320-157C-61100-46650-2-01 302-110-0000-0320-1570-61100-48821-2-01 302-110-0000-0320-1570-61100-48826-2-01 302-110-0000-0430-1570-61100-41124-2-01 302-110-0000-0430-1570-61100-42200-2-01 302-110-0000-0430-1570-61100-42201-2-01 302-110-0000-0430-1570-61100-42202-2-01 302-110-0000-0430-1570-61100-42204-2-01 302-110-0000-0430-1570-61100-42205-2-01 302-110-0000-0430-1570-61100-45551-2-01 302-110-0000-0430-1570-61100-45554-2-01 302-110-0000-0430-1570-61100-46630-2-01 302-110-0000-0430-1570-61100-46650-2-01 302-110-0000-0430-1570-61100-48826-2-01 302-110-1302-0280-1570-61100-41129-3-01 302-110-1305-0280-1570-61100-41129-3-01 302-110-1302-0280-1570-61100-42201-3-01 302-110-1305-0280-1570-61100-42201-3-01 302-110-1302-0280-1570-61100-45551-3-01 302-110-1305-0280-1570-61100-45551-3-01 302-110-1302-0280-1570-61100-45"554-3-01 302-110-1305-0280-1570-61100-45554-3-01 302-110-1302-0280-1570-61100-45585-3-01 302-110-1305-0280-1570-61100-45585-3-01 302-110-1302-0280-1570-6.1100-46630-3-01 $ 29,800 322 2,280 4,115 2,731 244 1,000 3,6.31 4,757 11,000 25,000 20,000 29,800 322 2,280 4,115 2,731 244 1,000 5,000 9,388 17,500 32,500 24,385 24,385 1,865 1,865 1,250 1,250 7,029 7,029 7,500 7,500 5,411 Instructional Supplies Capital Data Processing Capital Data Processing Teachers Instructional Staff Retiree Health Credit Social Security Virginia Retirement System Group Life Insurance Contracted Services Instructional Staff Retiree Health Credit Social Security Virginia Retirement System Group Life Insurance Instructional Supplies Travel Teachers Custodial Retiree Health Credit Social Security Virginia Retirement System Health/Dental Group Life Insurance Instructional Supplies Instructional Supplies Instructional Supplies Revenues Federal Grant Receipts Other Agency Receipts State Grant Receipts State Grant Receipts State Grant Receipts Federal Grant Receipts State Revenue Participating School Division Fees Local Match State Grant Receipts Federal Grant Funds 302-110-1305-0280-157C-61100-46630-3-01 302-11 0-1302-0280-157C-611 00-48826-3-01 302-110-1305-0280-157C-61100-48826-3-01 302-160-0000-1304-1 01 C-611 00-41121-9-07 302-191-0000-0553-325C-61100-41121-3-02 302-191-0000-0553-325C-61100-42200-3-02 302-191-0000-0553-325C-61100-42201-3-02 302-191-0000-0553-325C,.61100-42202-3-02 302-191-0000-0553-325C-61100-42205-3-02 302-191-0000-0553-325C-61100-43311-3-02 302-170-3000-1160-304C-61100-41121-3-03 302-170-3000-1160-304C-61100-42200-3-03 302-170-3000-1160-304C-61100-42201-3-03 302-170-3000-1160-304C-61100-42202-3-03 302-170-3000-1160-304C-61100-42205-3-03 302-120-0000-1 000-305C-611 00-46614-9-09 302-110-0000-1070-1348-61100-45551-3-09 302 -180-0000-1170-313C-611 00-41121-3-04 302-250-0000-1170-313C-64200-41192-3-00 302-180-0000-1170-313C-61100-42200-3-04 302-180-0000-1170-313C-61100-42201-3-04 302-180-0000-1170-313C-61100-42202-3-04 302-180-0000-1170-313C-61100-42204-3-04 302-180-0000-1170-313C-61100-42205-3-04 302-110-0000-1 070-316C-611 00-46614-3-09 302-110-1303-0000-1378-61100-46614-2-01 302-110-1303-0000-1378-61100-46614-3-01 5,411 5,000 5,000 8,078 9,470 102 724 1,308 81 5,000 13,955 151 1,068 1,927 120 769 5,000 45,000 25,000 4,000 5,000 5,000 10,000 3,377 2,738 404 78 302-000-0000-0000-157C-00000-38010-0-00 302-000-0000-0000-101 C-00000-33808-0-00 302-000-0000-0000-325C-00000-32272-0-00 302-000-0000-0000-304C-00000-32400-0-00 302-000-0000-0000-305C-00000-32220-0-00 302-000-0000-0000-1348-00000-38013-0-00 302-000-0000-0000-313C-00000-32229-0-00 302-000-0000-0000-313C-00000-33802-0-00 314,640 8,078 16,686 17,220 769 5,000 59,730 56,921 302-000-0000-0000-313C-00000-34588-0-00 302-000-0000-0000-316C-00000-32220-0-00 302-000-0000-0000-1378-00000-38365-0-00 (19,274) 2,738 482 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. \ ' .! ". i ATTEST: ~~IY].~W City Clerk. June 15, 2009 The Honorable David Bowers, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As a result of official School Board action on June 9, 2009, the Board respectfully requests City Council approve the following appropriations, which impact the Schools 2008-09 budget: . $314,639.70 for Title I School Improvement 1003 (g) 2009 . $8,077.50 for Adult Basic Education 2009 . $16,686.00 for'Alternative Education 2009 . $17,220.00 for Apprenticeship 2009 . $769.36 for Care Connection Clinic 2009 . $5,000.00 for Detention Center Reading Program 2009 . $97,377.00 for Governor's School 2009 . $2,738.09 for Juvenile Detention Center 2009 . $481.72 for Title III-A Limited English Proficient 2008 The School Board thanks you for your approval of the appropriation requests. Sincerely, ~+r.P~ Cindy H.!oulton, Clerk pc: David B. Carson Rita D. Bishop Curtis D. Baker Margaret A. Lindsey William M. Hackworth Ann H. Shawver Yen Ha (with accounting details) Darlene L. Burcham '- '. p: 540-853-2381 f: 540-853-2951 P.O. Box 13145 Roanoke, VA 24031 www.rcps.info II:I~ m-LI ROANOKE CITY PUBLIC SCHOOLS Strong Students, Strong Schools. Strong City. School Board Dav;d B. Carson Chairman Jason E. B;ngham Vice Chairman Mae G. Huff Suzanne P. Moore Courtney A. Penn Todd A. Putney Lori E. Vaught Dr. Rita D. B;shop Superintendent Cindy H. Poulton Clerk of the Board CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, SW, Suite 461 PO Box 1220 Roanoke, Virginia 24011-1220 Telephone: (540) 853-2821 Fax: (540) 853-6142 ANN H. SHAWVER, CPA Director of Finance June 15, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice-Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita J. Price, Council Member Hono.rable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: School Board Appropriation Request As a result of official School Board action on June 9, 2009, the Board respectfully requests City Council approve the following appropriations which impact the Schools 2008-09 budget: . $314,640 for Title I School Improvement 1003 (g) 2009 . $8,078 for Adult Basic Education 2009 . $16,686 for Alternative Education 2009 . $17,220 for Apprenticeship 2009 · $769 for Care Connection Clinic 2009 · $5,000 for Detention Center Reading Program 2009 . $97,377 for Governor's School 2009 · $2,738 for Juvenile Detention Center 2009 . $482 for Title III-A Limited English Proficient 2008 We recommend that you concur with this report of the School Board and adopt the attached budget ordinance to appropriate funding as outlined. Sincerely, /(f{)~~ Ann H. Shawver Director of Finance Attachments Honorable Mayor and Members of Council June 15, 2009 Page 2 c: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Stephanie M. Moon, City Clerk Sherman M. Stovall, Director of Management and Budget Rita D. Bishop, Superintendent, Roanoke City Public Schools Curtis D. Baker, Deputy Superintendent of Operations, Roanoke City Public Schools 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 CECELIA T. WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk June 16, 2009 David B. Carson, Chai r Roanoke City School Board 3037 Carolina Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Carson: I am attaching copy of Resolution No. 38494-061509 authorizing the School Board to renew a loan agreement with Wachovia Bank, National Association, for the purpose of renewing the $10,000,000.00 line of credit with Wachovia Bank, National Association, entered into by the School Board, as authorized by City Council's Resolution No. 38153-070708, and to extend the renewal through July 8, 2010. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 2009. Sincerely, ~ hl. :1DOYV Stephanie M. Moon, CMC City Clerk SMM:ew Attachment David B. Carson June 16, 2009 Page 2 pc: Cindy H. Poulton, Clerk, Roanoke City School Board, P. O. Box 13145, Roanoke, Virginia 24031 The Honorable Evelyn W. Powers, City Treasurer Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director, Management and Budget "'~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of June, 2009. No. 384944061509~< A RESOLUTION authorizing the School Board to renew a loan agreement with Wachovia Bank, National Association, for the purpose of renewing the $10,000,000 line of credit with Wachovia Bank, National Association, entered into by the School Board, as authorized by City Council's Resolution No. 38153-070708, and to extend the renewal through July 8,2010. WHEREAS, the School Board has managed its own financial system separate arid apart from the City of Roanoke since July 1, 2008; WHEREAS, as a consequence of managing its own financial system the School Board needs to maintain its own bank accounts; and WHEREAS, a line of credit has helped to ensure that the School Board does not overdraft any of its accounts. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The School Board is hereby authorized to renew a loan agreement with Wachovia Bank, National Association, in accordance with Virginia Code 922.1-110 for the purpose of renewing the $10,000,000 line of credit with Wachovia Bank, National Association, entered into by the School Board pursuant to Resolution No. 38153-070708, and to extend the renewal through July 8, 2010, as more particularly described in the letter of the Director of Finance to Council dated June 15, 2009. Such agreement, as well as any other necessary and appropriate documents, shall be in a form approved by the City Attorney. r-Renewal of School Board line of credit-6-15-09.doc 1 2.. . The maximum total amount of the temporary loans that the School Board is authorized to secure is $10,000,000, which amount is less that the maximum amount allowed by Virginia Code 9 22.1-11 O. ATTEST: . ( ~~'.'."';:. .. ," i~i:"~;",) C i. '\JlJYV City Clerk: , \ r-Renewal of School Board line of credit-6-] 5-09.doc 2 , June 15, 2009 The Honorable David Bowers, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As a result of official School Board action on June 9, 2009, the Board respectfully requests City Council take the following action at its upcoming meeting: Approve the Schools' renewal of the $10,000,000 line of credit facility with Wachovia Bank, National Association. This line is set to expire July 9, 2009 and the School Board requests your approval of the line's renewal through July 8, 2010. A copy of the resolution adopted by the School Board is enclosed. The School Board thanks you for your approval of the line of credit renewal. Sincerely, ~-tt.P~ Cindy H. joulton, Clerk pc: David B. Carson Rita D. Bishop Curtis D. Baker Margaret A. Lindsey William M. Hackworth Darlene L. Burcham Ann H. Shawver Yen Ha p: 540-853-2381 f: 540-853-2951 P.O. Box 13145 Roanoke, VA 24031 www.rcps.info ROANOKE CITY PUBLIC SCHOOLS Strong Students. Strong Schools. Strong City. School Board David B. Carson Chairman Jason E. Bingham Vice Chairman Mae G. Huff Suzanne P. Moore Courtney A. Penn Todd A. Putney Lori E. Vaught Dr. Rita D. Bishop Superintendent Cindy H. Poulton Clerk of the Board PRESENTED: ADOPTED: 0 V -oq - oq RESOLUTION A RESOLUTION AUTHORIZING THE SUPERINTENDENT TO RENEW ITS TEMPORARY LOAN AGREEMENT WITH W ACHOVIA BANK, NATIONAL ASSOCIATION FOR THE PURPOSES OF ISSUANCE OF A LINE OF CREDIT FOR OVERDRAFT PROTECTION. WHEREAS, the School Board manages its own financial system and accounts separate and apart from the City of Roanoke; WHEREAS, the City Treasurer has recommended that the School Board have a line of credit to ensure that the school division does not overdraft any of its accounts; and WHEREAS, the School Division needs to renew its temporary loan agreement with Wachovia Bank in order to maintain a line of credit for overdraft protection for the Division's accounts. THEREFORE BE IT RESOLVED by the School Board of the City of Roanoke that: I. The Superintendent is hereby authorized, for and on behalf of the School Board, to execute temporary loan agreements with Wachovia Bank, National Association in accordance with Virginia Code g22.I-I1O for the purpose of securing one or more lines of credit in the name of the School Board to secure overdraft protection. Such temporary loan agreements as well as any other necessary and appropriate documents shall be in a form approved by the City Attorney. 2. The maximum total amount of the temporary loans that the Superintendent is authorized to secure for the overdraft protection is $10,000,000, which amount is less that the maximum amount allowed by Virginia Code g 22.1-110. 3. Any amount drawn under such line of credit shall be paid to Wachovia Bank, National Association, no later than three months after such amount is so drawn or charged. ATTEST: ~~.PO~ CLERK Approved as to Form and Legal Sufficiency: Timothy R. Spencer, Esq. Assistant City Attorney IR CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, SW, Suite 461 PO Box 1220 Roanoke, Virginia 24011-1220 Telephone: (540) 853-2821 Fax: (540) 853-6142 ANN H. SHAWVER, CPA Director of Finance June 15,2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice-Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: School Board Request for Renewal of Line of Credit As a result of official School Board action on June 9, 2009, the Board respectfully requests City Council approve the Schools' renewal of the $10,000,000 line of credit facility with Wachovia Bank, National Association (a Wells Fargo company), in accordance with Virginia Code 922.1-110. This credit line will expire July 9, 2009, and the School Board requests City Council's approval of the line's renewal through July 8, 2010. We recommend that you concur with this report of the School Board and adopt the accompanying resolution authorizing the School Board to renew a loan agreement with Wachovia Bank, National Association (a Wells Fargo company), for the purpose of renewing the $1 0,000,000 line of credit. Sincerely, ~~ Ann H. Shawver Director of Finance c: Honorable Evelyn W. Powers, City Treasurer Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Stephanie M. Moon, City Clerk Rita D. Bishop, Superintendent, Roanoke City Public Schools Curtis D. Baker, Deputy Superintendent of Operations, Roanoke City Public Schools CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 ChurchAvenue, 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 June 16, 2009 Ms. Vickie H. Bibee 3465 Peak wood Drive, S. w~ Roanoke, Virginia 24014 Dear Ms. Bibee: I am enclosing copy of Resolution No. 38496-061509 appointing you as a Director on the Board of Directors of the Economic Development Authority of the City of Roanoke to fill the unexpired term of S. Deborah Oyler ending October 20, 2009. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Pursuant to Sections 2.2-3114 and 2.2-3115, Code of Virginia (1950), as amended, I am required to furnish members of the Economic Development Authority with a Financial Disclosure Form. State Code provisions require that all disclosures must be filed and maintained as a matter of public record for a period of five years in the Office of the Clerk of the governin bod ;1 e t!liiLe l!.I ml~telisjil . Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." Ms. Vickie H. Bibee June 16, 2009 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a Director of the Economic Development Authority. Sincerely, In. h]DMJ Stephanie M. Moon, CMC City Clerk Enclosures pc: Harwell M. Darby, Jr., Assistant Secretary, Economic Development Authority of the City of Roanoke, Glenn, Feldmann, ~a~and Goodlatte, P. O. Box 2887, Roanoke, Virginia 24001~ w/~ Lindsay C. Hurt, Economic Development Specialist . COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the fifteenth day of June 2009, VICKIE H. BIBEE was appointed as a Director on the Board of Directors of the Economic Development Authority of the City of Roanoke to fill the unexpired term of S. Deborah Oyler, ending October 20, 2009. Given under my hand and the Seal of the City of Roanoke this sixteenth day of June 2009. f I>>/r; J,0 City Clerk ~ .? IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of June, 2009. . No. 38496-061509. A RESOLUTION appointing a Director of the Economic Development Authority of the City of Roanoke to fill the remaining portion of an unexpired four (4) year term on its Board of Directors. WHEREAS, the Council is advised that S. Deborah Oyler, a Director of the. Economic Development Authority of the City of Roanoke, Virginia, resigned effective May 4,2009, from a position the term of which is to expire October 20,2009, and the vacancy has not been filled; and WHEREAS, S15.2-4904, Code of Virginia (1950), as amended, provides that appointments made by the governing body of such Directors shall, after initial appointment, be made for terms of four (4) years, except appointments to fill vacancies which shall be for the remainder of the unexpired term. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Vickie H. Bibee is hereby appointed as a Director on the Board of Directors of the Economic Development Authority ofthe City of Roanoke, Virginia, to fill the remaining portion ofthe four (4) year term of S. Deborah Oyler which commenced on October 21,2005, and will expire on October 20, 2009. ATTEST: .c. In .,!, IY; .. .',' .. . 'I dYlJ i(: '~ity Clerk. ' K:\Measures\EDA appointment for unexpired term berry.doc 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 STEPHANIE M. MOON, CMC E-mail: c1erk@roanokeva.gov City Clerk SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R. WEBB Assistant Deputy City Clerk June 16, 2009 Mr. John P. Bradshaw, Jr. 3132 Burnleigh Road, S. W. Roanoke, Virginia Dear Mr. Bradshaw: At a regular meeting of the Council of the City of Roanoke held on Monday, June 15, 2009, you were appointed as a City representative to the Board of Directors, Western Virginia Water Authority to fill the unexpired term of M. Rupert Cutler for a term ending June 30, 2010. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which will be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts FaCility, 315 Church Avenue, S. W. Pursuant to Sections 2.2-3114 and 2.2-3115, Code of Virginia (1950), as . amended, I am required to furnish you with a Financial Disclosure Form. State Code provisions require that all disclosures must be filed and maintained as a matter of public record for a eriod of five years in the Office of the Clerk of the overnin body. Mr. John P. Bradshaw, Jr. June 16, 2009 Page 2 Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." On behalf of the Mayor and Members of Roanoke City Council, I would like to express appreciation for your willingness to serve the citizens of the Roanoke Valley appointed as a City representative to the Board of Directors, Western Virginia Water Authority. Sincerely, ~h7. n;owV Stephanie M. Moon, CMC City Clerk SMM:ew Enclosures pc: Jean M. Thurman, Secretary, Board of Directors, Western Virginia Water Authority, w japplication Brenda Holton, Acting Clerk, Roanoke County Board of Supervisors, P. O. Box 29800, Roanoke, Virginia 24018-0798 Sheila N. Hartman, CMC, Deputy City Clerk COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of the Council of the City of Roanoke which was held on the fifteenth day of June 2009, JOHN P. BRADSHAW, JR., was appointed as a City representative to the Board of Directors, Western Virginia Water Authority, to fill the unexpired term of M. Rupert Cutler for a term ending June 30, 2010. Given under my hand and the Seal of the City of Roanoke this sixteenth day of June 2009. h7.7'6OYV City Clerk I i t1'.~.~.~ . ; ;,Cl!" ..::=.0 .:1. .'R< ",'8 !!!,ccn o :::Jilt ;s 'Ra. ,...... ("i. II <: [fl. .,-~-~ .,i...': . [J ..! ! I., ..."i ! 'lJ m6 rn .~ , ":"'! ::::;, .~><, 0' j 0 L~ .-.m ,0 \,u ...... C1 ,......., -" 10 :::i" QJ5" on ,tn<Q :)>O.'.:f8. 9", 1 ~ .,-l@ . GO "r::r ! ~ .... OJ,.I;;. ~ i.-,; ~tf1 [. g' 1.'1l L~ID ' . ~3= ; 3 .m" g ;~: !/'. r,p 1 [fl. 15 ,6' ::;I 1:::; r ! 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()= ..., :J CD 0 CD ro+ ~("') Qo ..., en CD en CD - :J-c :E Q) Q) ..., '<~ CD - o ..., --I -- :J ~. CD ..., () ..., CD CD ~ G) ..., CD CD :J ~ Q) '< Q <5. S. !!!. -0 :T o c; ~ ~~ ~. ~.~ -t,C 5' "l)::;,"" g g. ~ o=r() ;;; .. '" Gl ;;; .. " :l: III '< --I -- ::J " CD ..., <: ~. ,f '" " o 30"'0 g-S :l:c; lll'" am (J)" ~~ -o3(J) 5~3 _ _c: ~ t:~ iil-o. " "'0" ~ ~i ~ ~~ ~g~ g ~;; iir <i) 0''' ..'" )>Gl if~ :3 " III ~ ~.Q) ..,<. o ~ :J. C. o ~ () ..., CD CD " G) ..., CD CD ::J :E Q) '< o .5. :r !!!. "0 ::T o cr ~~~ ~~ ~.~ -fO :r 1),,"- 5' g. ~ O::T() (il '" "" Gl (il '" :J :E 0> '< -I -- :::J " CD .., < ~. 5. '" :J o go" 6"2: ~~ 0.0> (1)"0 ~~ ~~~ g, _ c: ~ C~ .._0 ,,:> ~~~ W::;I ~~g ~a~ g :s Q .. '" .,.", 10"" !;Q ~'" ~ g 1.': :E ~.~ n o 3. 0. Q ~ () .., CD CD " G) .., CD CD :::J ~ Q) '< OFFICE OF THE CiTY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, 5W, Room 364 Roanoke, Virginia 24011 540.853-2333 www.roanokegov.com flEeE/VEL. JUN 0 2 2008 .,~ "~,~ ,,7!TY Q...IF ROANQ'vl'" II n..." I\C ' ".lIt,,.,,.,,.. ~. "=', ,........ ... ROA~JOKE May 30,2008 Mr. Archie Pugh Project Manager, Transmission Line Engineering P.O. Box 2021 Roanoke, Virginia 24022 Dear Mr. Pugh: Subject: Huntington Court - Roanoke 138kV Transmission Line Project The City of Roanoke requests that Appalachian Power consider the following comments and concerns regarding the proposed line routes for the Huntington Court - Roanoke 138kV Transmission Line Project. 1) The City objects to all of the proposed transmission line routes north of US 460 (Orange Avenue) and east of Plantation Road, because they traverse or abut residential, park, open space, historic and agricultural lands. One- hundred foot tall towers are industrial in character, and the City . recommends that they be located in industrial corridors and buffered from residential areas to the greatest extent possible. The towers are incompatible with the Bluestone, Masons Mill, and Eastgate parks and the private Monterrey Golf Course. Furthermore, line D affects the character of the 116-acre Kegley farm, which is protected by a perpetual conservation, historic preservation and open-space easement. The property also contains Monterey, an 1845 dwelling that is listed individually on the National Register of Historic Places. The transmission line project must also avoid constraining right-of-way acquisition and roadway configuration for the following transportation improvements. Our Transportation Division can provide further details on these projects. · The 13th Street and Hollins Road Project consists of widening and improvements to an existing corridor between Dale Avenue, S. E., and Orange Avenue, N. W., and construction of a new bridge over Norfolk Southern tracks to eliminate an existing at-grade rail crossing. Lines X, Y, Z, AA, BB are in or adjacent to this corridor. This project is currently under design and slated for right-of-way acquisition in the coming year with construction to occur in 2011. Mr. Archie Pugh May 30, 2008 Page 2 . Orange Avenue (US 460) has a planned widening to a 6-lane with bike lanes configuration east of 11th St. N.E., according to the Long Range Transportation Plan for the Roanoke Valley Area. . Plantation Road (VA 115) is not presently in a long-range transportation plan, but has the potential to be included in future planning documents for reconstruction that would add bicycle lanes. The City also objects to the proposed routes south of Orange Avenue (US 460) that traverse residential areas for the reasons cited above. In addition, the proposed location of the lines that cross the IOICO industrial property could limit the development of that tract. We suggest that if that alignment is chosen that the lines be placed as far north as possible to avoid limiting future development of that site. While the City has the concerns noted above with the routes as proposed, we believe that it would be mutually beneficial for Appalachian Power to work with the City of Roanoke and the Roanoke Valley Greenway Commission on an alternative to locate as much of the Huntington- Roanoke route as possible in alignment with the proposed Tinker Creek Greenway project. This alignment would be closer to Tinker Creek and would be buffered .from the residential areas as a result, while creating a corridor for development of a greenway trail. We would suggest further discussion as soon as possible of the general path shown on the enclosed maps (attachment A) of the Tinker Creek Greenway with the objective of the City and Appalachian Power developing an agreement for the use and maintenance of the power line right of way for the greenway. If that is not possible, then the City would recommend the routes shown on the second set of enclosed maps (attachment B) that would generally confine the lines to an industrial and railroad corridor and avoid the residential and historic properties. 2) The GIS maps are accurate, but they could be made more user friendly by adding jurisdictional boundaries. 3) Listed below is the most recent information for neighborhood contacts in the area of the proposed 'routes. Hollins Road North Civic League Mr. Rick Henderick - Treasurer 933 Missouri Avenue, N.E. Roanoke, VA 24012 (540) 985-0772/345-7017 Mr. Archie Pugh May 30,2008 Page 3 Wildwood Civic League Mr. Adrian Lewis - President 2538 Belle Avenue, N.E. Roanoke, VA 24012 (540) 400-8093 Southeast Action Forum, Inc. Sandra Eanes, President 1616 Stewart Avenue, S.E. Roanoke, VA 24013 SERoanoke@Gmail.com (540) 204-3637 Riverland-Walnut Hills Neighbors Kathy Hill - President 509 Arbor Avenue, S.E. Roanoke, VA 24014 (540) 427-:-4328/380-5003 4) The only important farmland that we are aware of in the study area is the Kegley Farm, as noted above. The most significant visual resource in the study area is also the Kegley Farm. We appreciate the opportunity to comment on these proposals. If you have any questions or need additional information, please do not hesitate to contact me. DLB:TC attachments Sincerely, (\ ~4' Darlene L. Bur City Manager ~ ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor' Municipal Building 215 Church Avenue, SW, Room 364 Roanoke, Virginia 24011 540.853.2333 www.roanokegov.com !':! "-i)r~;,(".: n~t:ft-s~'" .... - -" t,t "J; : J:vi Z(uY FES l 7 Ai''i 10: 4 2 dl~C!;;'IL 'l~ I' 'I l - , -, ":lj{~:ilijL February 1 0, 2009 Mr. Joel H. Peck, Clerk State Corporation Commission Document Control Center P.O. Box 2118 Richmond, Virginia 23218-2118 Dear Mr. Peck: Subject: Case No. PUE-2008-00096 , The City's previous comments, which are included as Attachment 14 in \ Volume 2 of the Application for Approval and Certification, objected to all proposed routes east of Plantation Road on the north side of US 460 and routes on the south side of US 460 that traverse residential areas. The reasons for objection are detailed in that correspondence. The proposed "Preferred Alternative Corridor" considers those comments and follows a route that is acceptable to the City. The City objects to the portions of the "Viable Alternative Route" north of Baldwin Avenue, N.E., due to its adverse impact on the scenic assets., historic properties and residential environment of the area. However, if the Commission approves the "Viable Alternative Corridor" instead of the "Preferred Alternative Corridor" north of Baldwin Avenue, N.E., the City requests that the transmission line be placed as congruently as possible with the proposed route of the Tinker Creek Greenway. This alignment would be closer to Tinker Creek, provide more buffer area from the residential, historic and scenic areas, and could create a corridor for development of a greenway trail. A map of the proposed Tinker Creek Greenway is included with the City's letter i.n the Application for Approval and Certification (see attachment 14). If the "Viable Alternative Corridor" is approved, we also request that the Commission require Appalachian Power to meet with the City well in advance of any work with the objective of the City and Appalachian Power developing an agreement for the use and maintenance of the power line right-of-way for the greenway, Clerk, State Corporation Commission February 10, 2009 Page.2 We appreciate the opportunity to comment on these proposals. If you have any questions or need additional information, please do not hesitate to contact me. Sincerely, arlene L. Burc City Manager Pc: William Hackworth, City Attorney Brian Townsend, Assistant City Manager Bob Bengtson, Public Works Director Tom Carr, Planning Director Phil Schirmer, City Engineer Chris Chittum, Planning Administrator Mark Jamison, Manager of Transportation Dan Webb, Code Enforcement Administrator \ "Tl"TlQ)"TlZ -<-<~-<~ 1\.)1\.)(') I\.) 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CD '" o o o o o o s: Q) ..., " CD .-+ OJ c: a. :J c.c CJ) .-+ ..., CD CD .-+ en o Q) "'0 CD .-\. - VJ o o o o o s: Q) ..., " CD .-+ OJ c: a. :J c.c o o :J CJ) .-+ ..., c: o .-+ o :J 0'1 -..J o o o o o s: Q) ..., " CD .-+ OJ c: a. :J c.c o CD CJ) co :J -..J o o o o o z Q) .-+ o :J Q) G) c: Q) ..., a. )> 3 o ~ )> < Q) Q) C"' CD "T1 c: :J a. :J c.c VJ 0'1 o o o o (;fl .-\. o o -..J . VJ 0'1 0'> 0'1 "T1 CJ) o Q) -< CD Q) ..., '" o .-\. o (;fl ex> o o o o o o '" o .-\. .-\. "'... a::: _s"" 1\..):: {;fl .-\. 0'1 o o o o o o ~::: -$;} v.l' > -< ~ ~. ~ ~ ~ CD ~ ~ > ~ ~ o (J ~ ~. o ~ I z CD ~ ~ ~ ~. CD (J r-+ rJl ~ ---~ ~- --=-~ \!'~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of June, 2009. No~ 38495-061509. A RESOLUTION paying tribute to George C. "Kila" Miller, a native of Roanoke, for his exemplary public service. WHEREAS, Mr. Miller is a native of Roanoke and graduated from William Fleming High School; he earned his bachelor's degree from Elizabeth City State University in Health and Physical Education, his master's degree from Radford University in Educational Leadership, and did doctoral studies at Nova University in School Administration; WHEREAS, during high school, Mr. Miller lettered in football, wrestling, and track for All-State; in college football, he made AII-CIAA and was Team Captain in 1971, during which time the team was CIAA-NAIA Champs; in wrestling, he was a three-time CIAA Champion, and NAIA District 29 Champ, and Team Captain his Junior and Senior years; and was inducted in Elizabeth City State University's Hall of Fame for both wrestling and football; WHEREAS, Mr. Miller was employed by the Roanoke City Public Schools as a Health and Physical Education Teacher at William Fleming High School for 16 years and Hall Principal for 14 years, Principal at the Noel C. Taylor Learning Academy for two years, and the Director of Athletics at Central Administration for the past three years; WHEREAS, during his tenure, Mr. Miller served in the capacity of Assistant Coach and Head Coach for the sports of football, wrestling, and track, during which time his teams amassed many awards and championships, was named District Coach of the Year for football, wrestling, and girls' track, Virginia State Coach of the Year, and Regional II National Coach of the Year; WHEREAS, Mr. Miller took his coaching experience to the professional level by serving as Coach and Defensive Coordinator for the Virginia Hunters/Roanoke Valley Express semi-pro football teams, and as Coach for the Gator Boxing ClubNictory Boxing Club; WHEREAS, throughout his career Mr. Miller has unselfishly devoted his time and talent to the youth of the community, and various civic and professional organizations, and has received various recognitions and awards, including Roanoke's "Key to the City"; WHEREAS, throughout his career, Mr. Miller has been both a model of and an ambassador for his belief that working with youth is very rewarding and although they represent one-third of today's population, they represent 100 percent of the future and are our most valuable asset; and WHEREAS, Mr. Miller will retire from service with the Roanoke City Public Schools on June 30, 2009, after a long and distinguished career spanning a period of approximately 35 years. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council adopts this means of recognizing and commending the many services rendered to the Commonwealth of Virginia and this community and its people by Mr. George C. Miller. 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. George C. Miller. ATTEST: ~ht.~ City Clerk. . 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 STEPHANIE M. MOON, CMC yroanokeva.gov City Clerk SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk June 16, 2009 James F. Douthat, Attorney Woods Rogers, PLC P. O. Box 14125 Roanoke, Virginia 24038-4125 Dear Mr. Douthat: I am enclosing copy of Ordinance No. 38497-061509 permanently vacating, discontinuing and closing a portion of 6th Street, N. E., from its intersection with Connecticut Avenue to its terminus with the Foot Leveler's property bearing Official Tax No. 3043004; and an adjacent alley running in a westerly direction from 6th Street through the property of Foot Leveler's, Inc., to the rear of property on Compton Street, N. L, bearing Official Tax No. 3071003. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 2009, and is in full force and effect upon its passage. Sincerely, ~tn,~ Stephanie M. Moon, Ctv1C City Clerk SM M :ew Enclosure James F. Douthat June 16, 2009 Page 2 pc: The Honorable Brenda S. Hamilton, Clerk of Circuit Court The Honorable Evelyn W. Powers, City Treasurer Mr. Coy R. Lamm, Jr., 1 509 Compton Street, N. E., Roanoke, Virginia 24012 Estes Express Lines, Inc., c/o Angela J. Maidment, P. O. Box 25612, Richmond, Virginia 23260 William M. Hackworth, City Attorney Darlene L. Burcham, City Manager 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 -~;{ \ eft S .B.1)t1t;;..."", "~.. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of June, 2009. Nd. 38497-061509. AN ORDINANCE permanently vacating, discontinuing and closing certain public rights-of-way in the City of Roanoke, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. WHEREAS, Foot Levelers, Inc., represented by James F. Douthat, Esquire, filed an application with the Council of the City of Roanoke, Virginia ("City Council"), in accordance with law, requesting City Council to permanently vacate, discontinue and close the public rights-of-way described hereinafter; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by 930-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held on such application by City Council on June 15, 2009, after due and timely notice thereof as required by 930-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and. citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing ofthe subject public rights-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 public rights-of-way. O-Foot Levelers-vacate with money-Sixth Street.doc 1 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public rights-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: 6th Street, N. E., from its intersection with Connecticut Avenue to its terminus with the Foot Leveler's property bearing Official Tax No. 3043004; and an adjacent alley running in a westerly direction from 6th Street through the property of Foot Leveler's, Inc., to the rear of property on Compton Street, N.E., bearing Official Tax No. 3071003, be, and are hereby pelmanently 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 the rights-of-way, reserving however, to the City of Roanoke and any utility company or public authority, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sanitary sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across such public rights-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above- described public rights-of-way of any such municipal installation or other utility or facility by the owner thereof. O-Foot Levelers-vacate with money-Sixth Street.doc 2 BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the rights-of-way to be vacated in a manner consistent with law, retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the rights-of-way. BE IT FURTHER ORDAINED that prior to receiving all required approvals of the subdivision plat referenced in the previous paragraph, the applicant shall give to the Treasurer for the City of Roanoke a certified check or cash in the amount of Thirty Six Thousand Eight Hundred Eighty Seven and No/lOO Dollars ($36,887.00) as consideration pursuant to 915.2-2008, Code of Virginia (1950), as amended, for the vacated rights-of- way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other . conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the 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, O-Foot Levelers-vacate with money-Sixth Street.doc 3 Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of twelve (12) months from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. BE IT FINALLY ORDAINED that pursuant to the provisions of 912 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: \r '"'. .Yn. YhbCYJ City blerk; C O-Foot Levelers-vacate l;Vith money-Sixth Street.doc 4 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 June 15, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Requestfrom Foot Levelers, Inc., represented by James F. Douthat, Esquire, to permanently vacate, discontinue and close 6th Street, N.E., from its intersection with Connecticut Avenue to its terminus with the Foot Leveler's property bearing Official Tax No. 3043004; and an adjacent alley running in a westerly direction from 6th Street through the property of Foot Leveler's, Inc., to the rear of property on Compton Street, N.E., bearing Official Tax No. 3071003. Planning Commission Public Hearing and Action: Planning Commission public hearing was held on Thursday, May 21, 2009. There was no one present to speak in favor of or in opposition to the proposed closure. By a vote of 4-0 (Mr. Rife abstaining, Ms. Katz and Mr. Van Hyning absent), the Commission recommended approval of the requested closure, finding that the proposed right-of-way vacation will not result in any inconvenience to the public by virtue of loss of access. The Commission further recommends the applicant pay $36,887 for the property. This amount is based on an assessed value of $1.90 per s.f., which is comparable to the assessments of surrounding properties. In addition to the charge of $36,887, the closure should be subject to the conditions listed below. 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 Members of City Council Page 2 June 15, 2009 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 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 submitte3' j).~~ D. Kent Chrisman, Agent Roanoke City Planning Commission cc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney R. Brian Townsend, Assistant City Manager Attorney for the Applicant Members of City Council Page 3 June 15, 2009 Application Information Request: Permanent vacation of a portion of 6m Street, N.E., and an adjoininQ alley Adjoining Owner/applicant Foot Levelers, Inc. (one adjoiner, Estes Express Lines, has indicated they have no interest in acquiring half of the right-of-way. City Staff Person: Frederick Gusler, AICP Site Address/Location: 512 Plantation Rd & 518 Pocahontas Ave, NE Official Tax Nos. of 3043004, 3041101, 3041005~8 adjoining properties: Site Area: 19,414 square feet I Existing Land Use: Improved street and unimproved alley at manufacturing site Proposed Land Use: Industrial, manufacturing ~ Neighborhood Plan: Williamson Road Area Plan Specified Future Land Use: Light Industrial/Commercial Filing Date: Original Application: March 23, 2009 Background The applicant owns all of the adjoining properties with the exception of Official Tax Map No. 3041101. The subject portion of 6th Street, N.E., is improved and terminates at the applicant's property. The alley adjoining the subject portion of 6th Street, N.E., is unimproved and is only accessible from 6th Street, N.E. Considerations Section 30-14(5) of the Code of the City of Roanoke provides the following standard for consideration of 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." The applicant's pro~ertif:?s are the only parcels that are accessible via the subject portion of 6 h Street. This portion of 6th Street dead ends at the applicant's site, adjoining Official Tax Nos. 3043004 and 3041101. The adjoining alley is unimproved and the property adjoining it to the west, Official Members of City Council Page 4 June 15, 2009 Tax No. 3071003, has frontage on and access from Compton Street, N.E. Hence, no other property owners' access will be affected by this request. Estes Express Lines, owner of Official Tax No. 3041101, submitted a letter to staff stating that it is not interested in acquiring the portion of 6th Street that adjoins its property. Surroundinq Zoninq and Land Use: Zoning District Land Use North 1-1, Light Industrial Industrial ! ; South 1-1, Light Industrial Industrial East 1-1, Light Industrial Industrial West 1-1, Light Industrial Industrial Public Utilities: . Staff received comments from the following utility companies: · Appalachian Power Company advised that it would need to maintain access as it has facilities adjacent to the alley and right-of-way. . Roanoke Gas has a main line in the right-of-way of 6th Street and advised it would need to maintain an easement. · Verizon stated no objection to the request. The applicant will be responsible for coordinating the retention of any necessary public utility easements or the relocation of utilities. City Department Comments: Staff received comments from the Assistant Fire Marshall, Department of Fire/EMS, regarding the location of a fire hydrant, and access to the site. If the applicant must relocate the fire hydrant, it will do so at its own expense subject to City approval. Fire/EMS staff stated that access considerations would need to be discussed during the comprehensive development plan review process. The City Engineer and Development Review Coordinator both advised that the right- of-way contains storm drains, water mains and sanitary sewers. These facilities will need to be included in easements for the City and the Western Virginia Water Authority, and the applicant will be responsible for any relocation of these facilities. Public Comments: None \0' "', e J:7.:7 .. :...;,.,.!Jf~.!0:~~-~'''f''V-:'''' ~'~~"tj,".').' 1 ~...-.r" ,~\.:~,;rft...... ~ .... -.--~? .-.. / ~..r' ,.'''''''.. .....-._~.~.... ,t"" APiP'LICA TEON STREET Q:R ALbEY VACATlO;N /.... ...;_.-:~:_.;.--"""-.:.'". r~ () p\ f<J () !<E Date: March 23, 2009 K Original Application To: Office of the City Clerk Fourth Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S. VV. Roanoke, VA 24011 Phone: (540) 853-2541 Fax: (540) 853-1145 o Amended Application No. 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 vacation for the property located at: Location and description of street or alley to be closed: . 6th Street. N.E. from the intersection with Connecticut Avenue to its terminus in the property of Foot Levelers. Inc. (Tax # 3043004) and adiacent allev from 6th Street through the property of Foot Levelers. Inc. to the rear of property on Compton Street. N.R (Tax # 3071003) as shown on "Preliminary" Plat of Survey for Foot Levelers. Inc. dated February 23, 2009. by Parker Design Group (Ex. No. 1) and more particularly described in Legal Description for a portion of 6th Street. N.E .and Associated Alley from Connecticut Avenue. N.E. toward the property of Foot Levelers. Inc. (Tax #30430G4) (Ex. No.2). Proposed use of vacated street or alley: The vacated street and alley will be incorporated into the property of Foot Levelers for expansion of the Foot Levelers facility. Adioining property owner on 6th Street (Tax #3041101), Estes Express Lines. does not object to the closing of 6th Street. nor does it proposed to purchase a portion of the right-of-way as evidence by March 16. 2009 letter to Frederick Gusler, City of Roanoke. Planning. Building and Development (Exhibit 3). Name of ApplicanVContact Person: Poot I..zve"l.2rs, Inc./James F. Douthat Mailing Address: Woods Rogers PLC P.O. Box 14125. Roanoke. VA 24038-4125 Telephone: (54~ 983-7662 Fax: (54~ 983-7711 E-mail: douthat@woodsrogers . can Applicant(s) signature(s): Foot elers Inc. By: 5 T -- e ..... I ci 0- 1 ~ ~ -5!i Ot... t)d 'L EM 6J H'IICIlOM uI :Z uI :;) ~I !:ill ~ z ~ ,h z I ci 0- J ~ ~ 8 N ri N >- !li ::J " m ~ ~ i~1 i !.:l 0: t; 0( ~2 . >- ~ CD A ~~ 1:2 c ~ CD '" d .! ~.5i ""s ---- oOl-::l I --- l....aS.... ~d d I~ I I. e I~ f '" !L 51B~ ~,~ ~~n -R!' ijijG~ i! ! A VI" l!>~~8 ~~~~ ~ r.: i"''' "'~ g: ;;;.. Q --.. ..v ___ J( en ;I ~~- I5i!'N~ .~~~a ~oOl")( fFt-=~ I~ 5, ....... a"~~1I ~~ ~ '" l';:i~~8 ~~-'~;;: il:i-'~a ~~..~ ~~:.... c c " 60ll0LOC' xv 1 6~0 I .~d 'I~Ll .ao NOll. VlIOdllOO NOll.lSlnroV VO.;J j() AJ.lf3dO~d J 1 ",' e - 1lI.1II _II ll~lrN~~~ 816 Boulevord Solem, VA 24153 P: 540.387.1153 F: 540.389.5767 www.parkerdg.com ENGINEERS I SURVEYORS I PLANNERS I LANDSCAPE ARCHITECTS Legal Description for a porti6~ of 6th Stfeet; N.E. and Associated Alley From Connecticut Avenue, N.E. toward the property of Foot Levelers, Inc. (Tax # 3043004) BEGINNING at a point, said point being the northwestern corner of the property owned by Estes Express Lines, being the intersection of the southern right of way of Connecticut Avenue, N.E. and the eastern right of way of 6th Street, N.E., shown as Corner No, 22 on the Plat of Survey for Foot Levelers, Inc., prepared by Parker Design Group, dated February 23, 2009; thence with the eastern right of way of 6th Street, N.E., S. 0033'59" E., 250.0 I feet to Corner No. II, said point being the terminus of 6th Street, N.E. with the property of Foot Levelers, Inc.; thence with the northern lines of Foot Levelers, Inc for the following six courses, S. 89026'0 I" W., 50.00 feet to Corner No. 10; thence N. 0033'59" W., 40.00 feet to Corner No.9; thence a curve to the left, with a chord bearing of N, 45033'38" W., a chord distance 35.36 feet, an arc distance of 39.27 feet, and a radius of 25.0 I feet to Corner No.8; thence S. 89026'0 I" W" 40,00 feet to Corner No.7; thence N. 0033'59" W., 50,00 feet to Corner No.6; thence with the southern right of way of an alley S. 89026'0 I" W" ' 281. II feet to Corner No.5; thence leaving the property of Foot Levelers, Inc, and with the western right of way of the alley, along the property of Coy Roger Lamm, jr and Vannie L. Lamm, N. 18016'38" E., I 0.83 feet to Corner No. 16; thence with the northern right of way of the alley, N. 89026'0 I" E., 222.61 feet to Corner No. 25; thenceN. 89026'0 I" E., 120.00 feet to Corner' No. 24, said point being the intersection of the northern right of way of the alley with the western right of way of 6th Street, N.E.; thence with the western right of way, N. 0033'59" W., 62.50 feet to Corner No. 23; thence N. 0033'59" W., 37.00 feet to Corner No, 21; thence across 6th Street, N. 89026'01" E, 50.00 feet to the place of BEGINNING, containing 19,414 square feet (0.4457 acre), being the proposed vacated portion of 6th Street, N.E. and associated alley as shown on the referenced plat prepared by Parker Design Group, dated February 23, 2009. II EXHIBIT 2 '" " 03/16/09 11:59 FAX 804 3596700 ESTES EXPRESS LINES 8 @@I1B@ March 16, 2009 Frederick Gusler City of Roanoke Planning, Building & Development 215 Church Ave S.W., Room 166 Roanoke, VA 24011 RE: Vacation of a portion of 6th Street Dear Mr. Gusler: Estes Express Lines has spoken with Jim Douthat, attorney for Foot Levelers, in regards to their request to the City to vacate the portion of 6th Street behind our property located at 1512 Plantation Rd. Estes does not have any objections to the vacation of the portion of 6th Street that runs adjacent to our property line, nor do we have any desire to purchase any portion of it for ourselves, In addition, we have spoken with our tenant at the site, Pitt Ohio, and they have confinned that the vacation will not affect their access to or from the site. If you would like to discuss this matter further, feel free to call me at 804-353-1900, ext. 2263. . Respectfully yours, 4: Maidmenl Director of Real Estate & Economic Development Corporatl Office: 3901 West Broad SIreBt, Richmond, VA 23230.3962. Mailing Addrels: P.O. Box 25812, Richmond, VA 23280-5612 Phoae: (804) 353.1800. Fax: (8041 353-8001. WebaUe: www.eat,s-skpr.88.com.An ExprelltUNK Corrier LTL · ElCfIedlted · Volume end Truckload · Offshore and International- Supply ChaIn Men8glmen1and Werehouslng 141 002 II EXHIBIT 3 The Ro~n0ke Times Roanoke, Virginia Affidavit of Publication The Roanoke T~mes - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - -- WOODS ROGERS PLC ATTORNEYS AT LAW PO ROANOKE VA 24038 REFERENCE: 80028823 11441653 PH-061509 Foot Level NOTICE OF PUBLIC ~HEARING . The Council of the City-of Roanoke. will hold a public ,hearing.on Monday, June 15, 2009, a1.7:00 p.m., or as soon thereafter as the matter may be heard, in the .Councif,Chamber, fourth floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to ' consider the following: i Request from Foot Levelers,lnc. to permanently , vac~ate;',(:tisco and ,close 6th;Street from 'IJI..~)'Ci nl\~:r see wit h. ,Connecticut Av 0 its termln.us with t e Foot Leveler's property bearing Officia' Tax No. 3043004; and an adjacent alley' running In a westerly direction from 6th Street through the property of Foot Leveler's, Inc., to the rear of property on Compton Street, N.E., bearing Official Tax No. 3071003. 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 inteiest and 9itizens may appear on the above date and be heard on i~he malter. If you are a person with a disability who meeds accommodations for .this hearing, please contact the City Clerk's Office, at 853-2541, before noon on: the Thursday before the date i of the hearing listed above. , GIVEN under my hand this I' 26th day of May, 2009. Stephanie M. Moon, CMC, City Clerk. ; , , I (11441653) State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Vi~inia. Sworn and subscribed before me this __~!~day of JUNE 2009. Witness my hand and official seal. __~~~L~.... '~Notary Pu,l:tlic My commission ~ir~=__J_~~~_t~J__. I I I I I I I I I I ",,"11"//,( I ..\\\ ~ A LA Y. "'" .... _'-'0 .....,,'. 4t...'1 '.. I ... 'b."'" .' ..,v .1/,-.. I ~ ~ ."Noi~r" '.."V-:' : tlJ ;' PUBLIC ". ~ I -. 09"0 . "* - = : G #709 " :: I - ~ . RE. MISSION. - - 7'. M'I COM . <C - I ;. ""' ". ~)\?IRE...\ \;' ~ E I -:. "0 '. . . ~ ~ .... ~'" ...._~-...... I .... ~O ......... ::- '" " "'.. IVWEAll\\ \) \" I "" \\' - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -'''' H t,i t-l \.: - - - - - - - - - - + - - - - - - - - - - - - - - - - - - - - _ _ _ _ OS/29 06/05 PUBLISHED ON: TOTAL COST: FILED ON: 374.40 06/05/09 (I.' Billing Services Representative .1\ 0L.l01 61f/a, NOTICE OF PUBLIC HEARING The Council ofthe City of Roanoke will hold a public hearing on Monday, June 15,2009, 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 Foot Levelers, Inc. to permanently vacate, discontinue and close 6th Street, N. E., from its intersection with Connecticut A venue to its terminus with the Foot Leveler's property bearing Official Tax No. 3043004; and an adjacent alley running in a westerly direction from 6th Street through the property of Foot Leveler's, Inc., to the rear of property on Compton Street, N.E., bearing Official Tax No. 3071003. 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 the Thursday before the date of the hearing listed above. GIVEN under my hand this 2..fi.:thday of May ,2009. , j.",' Stephanie M. Moon, CMC City Clerk. Foot Levelers, Inc-vacate Sixth Streetdoc Notice to Publisher: Publish in the Roanoke Times on Friday, May 29 and Friday, June 5,2009. Send affidavit and to: Stephanie M. Moon, CMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 Send bill to: James F. Douthat, Attorney Woods Rogers PLC P. O. Box 14125 Roanoke, Virginia 24038-4125 540-983-7662 540-983-7711 (fax) douthat@woodsrogers.com PH-061509Foot Levelers, lnc-vacate Sixth Street.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: cIerk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELlA T. WEBB Assistant Deputy City Clerk June 1,2009 Mr. Coy R. Lamm, Jr. 1 509 Compton Street, N. E. Roanoke, Virginia 24012 Estes Express Lines, Inc. c/o AngelaJ. Maidment P. O. Box 25612 Richmond, Virginia 23260 Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, June 15,2009, 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 the request of Foot Levelers, Inc., to permanently vacate, discontinue and close a portion of 6th Street, N. E., and an adjacent alley running in a westerly direction from 6th Street to the rear of property on Compton Street, N. E. 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. h;o4Yu 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: c1erk@roanokeva.gov June 1, 2009 SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk STEPHANIE M; MOON, CMC City Clerk James F. Douthat, Attorney Woods Rogers, PLC P. O. Box 14125 Roanoke, Virginia 24038-4125 Dear Mr. Douthat: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a pu blic hearing for Monday, June 15, 2009, 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, 21 5 Church Avenue, S. W., on the request of Foot Levelers, Inc., to permanently vacate, discontinue and close a portion of 6th Street, N. E., and an adjacent alley running in a westerly direction from 6th Street to the rear of property on Compton Street, N. E. 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 540-853-2431. It will be necessary for you, or your representative, to be present at the June 15th public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, ~h;. nr;()~. Stephanie M. Moon, CMC City Clerk SMM:ew Enclosu re AFFIDAVIT PERTAINING TO STREET/ALLEY CLOSURE REQUEST OF: Foot Levelers, LLC, 6th Street, N.E. and adjoining alleyway) AFFIDAVIT COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 27h day of April, 2009, notices of a public hearing to be held on the 21st day of May, 2009, on the request captioned above to the owner or agent of the parcels as set out below: Tax No. Name Mailing Address 3071003 Coy Roger Lamm, Jr. 1509 Compton Street, NE Roanoke, VA 24012 3041101 Estes Express Lines, Inc. c/o Angela J. Maidment POBox 25612 Richmond , VA 23260 3043004 3041005 3041006 3041007 3041008 Applicant 'fh curJt~ ~. tiV~ Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 27th day of April, 2009. ~ ~ 6:,cLteur0 Notary Pub IC My Commission Expires: d-/;;;J. r) d.-O // 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 T. WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk March 25, 2009 Martha P. Franklin, Secretary City Planning Commission Roanoke, Virginia Dear Ms. Franklin: 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 Vacation received in the City Clerk's Office on March 25, 2009, from James F. Douthat representing Foot Levelers, Inc., requesting that a portion of 6th Street, from the intersection with Connecticut Avenue to its terminus and adjacent alley from 6th Street through the property of Foot Levelers, Inc., to the rear of property on Compton Street, N. E., be permanently vacated, discontinued and closed. Sincerely, ~m. ~6W Stephanie M. Moon, CMC City Clerk SM M :ew Enclosu re pc: The Honorable Mayo"r and Members of the Roanoke City Council (w/o enclosure) James F. Douthat, Attorney, Woods Rogers, PLC, P. O. Box 14125, Roanoke, Virginia 24038-4125 Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney /" 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 CECELIA T. WEBB Assistant Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: A public hearing was conducted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 2009, on a request of the City Planning Commission to consider amendments to the City Code and City Fee Compendium to add a new fee for resubmittal and review of a subdivision plat or subdivision site plan for a fourth and any subsequent review. The request was denied by a 3-3 vote. Approval of the impl.ementation of the Subdivision Site Plan resubmittal fee and the Zoning Ordinance Amendment application fee was before the Council. Approval was denied by a 3-3 vote. Sincerely, .~h;.MWu Stephanie M. Moon, CMc!' City Clerk pc: William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Martha P. Franklin, Secretary, City Planning Commission vf ~~~ Not Adopted ~ J ~, . IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA \):. - AN ORDINANCE amending and reordaining Section 31.1-604, Review fees, of Article VI, Administration, of Chapter 31.1, Subdivisions, 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 that: 1. Section 31.1-604, Review fees, of Article VI, Administration, of Chapter 31.1, Subdivisions, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by adding a new subsection (d), to read and provide as follows: Sec. 31.1-604. Review fees. * * * (d) Fee for resubmittal and review of a subdivision plat or subdivision site plan for a fourth and any subsequent review shall be one hundred dollars ($100.00). 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 O-Amcnding 31.1-604.doc 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 June 15, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Request from the City of Roanoke Planning Commission to amend Section 11.1-604, Review fees, of Article VI, Administration, of Chapter 31.1, Subdivisions, of the Code of the City of Roanoke (1979), as amended, by adding a new subsection (d) to add a new fee of $100 for resubmittal and review of a subdivision plat or subdivision site plan for a fourth and any subsequent review. Such fee is authorized by Section 15.2-2241 (9) of the Code of Virginia (1950), as amended. Planning Commission Public Hearing and Action Planning Commission public hearing was held on May 21,2009. There was no on present to speak in favor of or in opposition to the proposed amendment. By a vote of 5-0 (Ms. Katz and Mr. Van Hyning absent), the Commission recommended City Council approve the proposed amendment. Background The Development Review section of the Department of Planning, Building, and Development coordinates review of comprehensive development plans, subdivision plats, and subdivision site plans. Review of such plats involves coordination with multiple City departments and various outside agencies. According to staff research, Roanoke's twelve business day turnaround is the fastest review time offered anywhere in Virginia. Reviews require a high level of scrutiny of technical information that requires the expertise of professional civil engineers. Subdivision site plans and plats require a high level of precision and are required to be prepared by a licensed professional engineer, surveyor, or landscape architect. Unfortunately, many plans submitted for review are substandard because the designer is not diligent in reviewing the City's development regulations or contain careless mistakes and oversights. In addition, once plans are reviewed and staff returns comments, plans are resubmitted for review without addressing the comments provided by the development review staff. In the past three years, at least 23 plans required four or more reviews. The consequence of this lack of diligence is that some plans need up to six reviews when only two or three reviews could have sufficed.. These additional reviews delay important development projects and represent additional cost to the developer. In addition, multiple re-reviews consume staff time and result in a slower review process for all other development plans. In order to maintain a fast review time and a high level of service to the development community, the City needs a mechanism to encourage the submission of complete plans and complete response to previous review comments. Considerations Currently, a single fee is assessed at the initial submittal of the plan or plat regardless of how many times it is reviewed. The fee is $220 plus $50 per lot for a major subdivision plat and $500 plus $75 per acre for a subdivision site plan. These fees offset only a small portion of the actual costs incurred by the City. The proposed re-review fee would be assessed for the fourth and any subsequent review. This fee will be more equitable to developers and design professionals who are diligent and careful in preparing plans and consult with development review staff appropriately before and during the preparation of plans. Respectfully submitted, ~.~~ D. Kent Chrisman, Chairman City Planning Commission cc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney R. Brian Townsend, Assistant City Manager-Community Development 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 June 15, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Plan Re-Submittal Fee and Zoning Modification Application Fee Background: Currently, there is no fee for the review of re-submitted subdivision plats, subdivision site plans and comprehensive development plans regardless of the number of re-submittals. The recommended budget included the implementation of a $100 fee for re-submittal and review of a subdivision plat, subdivision site plan, and comprehensive development plan for a fourth and any subsequent review. The Planning Commission has recommended the implementation of this fee. On April 20, 2009, City Council approved a Zoning Ordinance amendment, recommended by the Planning Commission, giving the Zoning Administrator authority to grant modifications from provisions of the zoning ordinance with respect to physical requirements on a lot. The requests for modifications are to be handled via an application. The recommended budget included the implementation of a $1 50 fee for zoning ordinance modification applications. Considerations: City Council must approve the implementation of the Plan Re-Submittal Fee and the Zoning Ordinance Amendment Application Fee. Honorable Mayor and Members of City Council June 15, 2009 Page 2 Recommended Action: Following a public hearing, approve the attached ordinances amending the Code of the City of Roanoke (1979), as amended, and amending the City's Fee Compendium (fee and rate schedule) to reflect the aforementioned fees effective July 1, 2009. Respectfully submitted, ,- 'l Darlene L. Bu cham City Manager DLB:acm c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development James Grigsby, Assistant City Manager for Operations Sherman M. Stovall, Director of Management and Budget Tom Carr, Director of Planning, Building and Development CM09-00 100 ~~ Not Adopted IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA An ORDINANCE amending the Fee Compendium to establish new fees for resubmittal and review of a subdivision plat or subdivision site plan for a fomih and any subsequent review, for resubmittal and review of a comprehensive development plan for a fourth and any subsequent review, and for submittal of an application for a zoning administrator modification, as set out below, establishing an effective date, and dispensing with the second reading by title of this Ordinance. WHEREAS, a public hearing was held on June 15,2009, pursuant to Sections 15.2-107 and 15.2-2204, 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 amendment. BE IT ORDAINED by the Council of the City of Roanoke that: I. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by City Council by Resolution No. 32412-032795, adopted March 27, 1995, effective as of that date, as since amended, shall be amended to reflect the following fees. FEE CURRENT AMOUNT NEW AMOUNT Fee for resubmittal and revIew of a NONE $100.00 for each fourth and subdivision plat or subdivision site plan subsequent review Fee for resubmittal and revIew of a NONE $100.00 for each fourth and comprehensive development plan subsequent review Fee for submittal of an application for a NONE $150.00 zoning administrator modification 2. Resolution No. 32412-032795 is hereby amended to the extent and only to the extent of any inconsistency with this Ordinance. O-Alllend Fee COIllP-Subdivision-Colllprehensive Fees-2009.doc 3. The fees established by this Ordinance shall remain in effect until amended by this Council. 4. This Ordinance shall be in full force and effect on July 1, 2009. 5. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. O-Amend Fee Comp-Subdivision-Comprehensive Fees-2009.doc 2 NOTICE OF PUBLIC HEARING Pursuant to the provisions' of Seclions.15.2-107 and 15.2-2204, Code of Virginia (1950), as amended, the ' Council of the City.of I The Roanoke Times IRoanoke will hold pUblic I hearings on Monday, June __________________________________________________________________________________________________________ 15, 2009, at 7:00 p.m., or L__________ as soon thereafter as the I matters may be heard, in the . Council Chamber, fourth j floor, in the Noel C. Taylor I Municipal Building, 215 I Church Avenue, S.W.; Roanoke, Virginia, to consider the following: 1.An amendment to Iseclion 11.1-604, Review fees,o.! Article VI, Administration, of Chapter 31.1, Subdivisions, of the Code of the City of Roanoke (1979), .as amended, by adding a new subsection (d) to add a new fee of $100.00 for resubmlttal and review of a subdivision plat or subdivision site plan for a fourth and any subsequent review. I 2An amendment to the City's fee compendium to ,i!stabl.ish a ..new fee of , $iL00.00 for resubmlttaiand review of a subdivision plat or subdivision plan for.a :~~I:. and any subsequent 'Such fee is authorized by Section 15.2-2241 (9) of the C~de of Virginia (1950), as amended. 3.An amendment. to the City's fee compendium to e,stablish a new fee of $.100.00 for resubmittal and revlew.of acom'prehensive development plan .for a fQu.rth and any subsequent review. . 4.An amendment to the City's fee compendium to e.stablish a new fee of $150.00 for submittal of an application for a zoning administrator modnlcatlon. Such fees are authorized by Section 15.2-2286 of the Code of Virginia (1950), as amended. . . : Copies of the amendments are 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 t~e matters. If you are. a person with a disability who \ \ \ \' IIIIIIII~, needs accommodations for \\ ENH ' these hearings, please " ~Ct:1~', contact the City Clerk's ...,' \>'-. ......... :-y~ ", Office, at 853.2541, before ~ ~ .' NO! AR'< .~. ~ ~ noon on the Thursday before ::: ;:: .' LIe '.r -:.' the date of the hearings :: ~ .: pUB ~.. ~ -:. lI~ted above. __ r- . ""'29 4 . ~ _ . !GIVEN under my hand this . RE.G. #,;)V :: 26th day of May, 2009. : * : COMMISSI N : < : . Stephanie M.ll'!oon, CMC ;. ". Wi PI R S :' ;;;: :: \ City Clerk. --------------------------------------------------------- ~;~~:~~~~~------------t~~~~~~~~~--- '",?,NWEAl1\\ l0\,,' '1" !'! I , \ \ \ \ . The Roanoke Times Roanoke, Virginia Affidavit of Publication CITY OF ROANOKE CLERK'S OFFICE 215 CHURCH AVE SW RM 456 NOEL C. TAYLOR MUNICIPAL BLDG ROANOKE VA 24011 Reference: 32143302 11441438 Notice of PH 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 ~~i~_ Sworn & subscribed before me this day of JULY 2009. Witness my hand an official seal. ~. PUBLISHED ON: OS/29 06/05 TOTAL COST: FILED ON: 574.08 7/2/2009 Authorized Signature: ttrCh i ------------- , Billing Services Representative ~,\~ ~~'> \ .~! r . NOTICE OF PUBLIC HEARING ~:' . ~ ~ t. Pursuant to the provisions of Sections 15.2-107 and 15.2-2204, Code of Virginia (1950), as amended, the Council ofthe City of Roanoke will hold public hearings on Monday, June 15,2009, at 7:00 p.m., or as soon thereafter as the matters 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: 1. An amendment to Section 11.1-604, Review fees, of Article VI, Administration, of Chapter 31.1, Subdivisions, of the Code of the City of Roanoke (1979), as amended, by adding a new subsection (d) to add a new fee of$l 00.00 for resubmittal and review of a subdivision plat or subdivision site plan for a fourth and any subsequent review. 2. An amendment to the City's fee compendium to establish a new fee of $100.00 for resubmittal and review of a subdivision plat or subdivision plan for a fourth and any subsequent review. Such fee is authorized by Section 15.2-2241 (9) of the Code of Virginia (1950), as amended. 3. An amendment to the City's fee compendium to establish a new fee of $100.00 for resubmittal and review of a comprehensive development plan for a fourth and any subsequent review. 4. An amendment to the City's fee compendium to establish a new fee of $150.00 for submittal of an application for a zoning administrator modification. Such fees are authorized by Section 15.2-2286 ofthe Code of Virginia (1950), as amended. Copies of the amendments are 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 matters. If you are a person with a disability who needs accomrilOdations for these hearings, please contact the City Clerk's Office, at 853-2541, before noon on the Thursday before the date ofthe hearings listed above. Code & Fee Amendment-subdivision -comprehensive fees.doc GIVEN under my hand this 26th day of May, 2009. Stephanie M. Moon, CMC City Clerk. Code & Fee Amendment-subdivision -comprehensive fees.doc Notice to Publisher: Publish in the Roanoke Times on Friday, May 29 and Friday, June 5, 2009. Send affidavit and bill to: Stephanie M. Moon, CMC, City Clerk 215 Church Avenue, S. W:, Room 456 Roanoke, Virginia 24011 (540) 853-2541 Code & Fee Amendment-subdivision -comprehensive fees.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 June 16, 2009 SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk Richard Rife, President Rife and Wood Architects 1326 Grandin Road, S. W. Roanoke, Virginia 24015 Dear M r. Rife: I am enclosing copy of Ordinance No. 38498-061 509 amending 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 reflect the amendment of the Planned Unit Development Plan for William Fleming High School to include a fieldhouse with bus and car parking areas, and to change the layout of the various athletic and recreation facilities, inCluding removal of a baseball field, and the addition of two football/soccer/lacrosse fields on property identified by Official Tax No. 6460102 located at 3601 Ferncliff Avenue,. N. W., as set forth in the Zoning Amended Application No. 1 dated April 17, 2009. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 2009, and is in full force and effect upon its passage. Sincerely, ~ ('I), YY1 ODW Stephanie M. Moon, COMe C City Clerk S M M: ew Enclosure Darlene L. Burcham June .16, 2009 Page 2 pc: Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools, P. O. Box 13145, Roanoke, Virginia 24031 Cindy H. Poulton, Clerk, Roanoke City Public Schools, P. O. Box 13145, Roanoke, Virginia 24031 Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director, Management and Budget Thomas N. Carr, Director, Planning, Building and Development .-,.. ~;(.. , .1 ':U \ \"\ L.J I 0 ..it (\ .ytL~.Z<....'."".' "7\ .... IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of June, 2009. No. 38498-061509. 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 amend the Planned Unit Development Plan for William Fleming High School to include a fieldhouse with bus and car parking areas, and to change the layout of the various athletic and recreation facilities, including the removal of a baseball field and addition of two football/soccer/lacrosse fields, on property identified by Official Tax No. 6460102, located at 3601 F erncliff Avenue, N. W.; and dispensing with the second reading by title of this ordinance. WHEREAS, the City of Roanoke has made application to the Council of the City.of Roanoke, Virginia ("City Council"), to amend the Planned Unit Development Plan for William Fleming High School to include a fieldhouse with bus and car parking areas, and to change the layout of the various athletic and recreation facilities, including the removal of a baseball field and addition of two football/soccer/lacrosse fields, on property identified by Official Tax No. 6460102, located at 3601 Ferncliff Avenue, N.W.; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by 936.2-540, Code ofthe City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; O-William Fleming High School-amend PUD Plan.doc 1 WHEREAS, a public hearing was held by City Council on such application at its meeting on June 15,2009, 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 amendment of the Planned Unit Development Plan for property identified by Official Tax No. 6460102, located at 3601 Femcliff Avenue, N.W.; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the. City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, requires the amendment of the Planned Unit Development Plan for William Fleming High School to include a fieldhouse with bus and car parking areas, and to change the layout of the various athletic and recreation facilities, including the removal of a baseball field and addition of two football/soccer/lacrosse fields, on property identified by Official Tax No. 6460102, located at 3601 Femcliff Avenue, N.W., as herein provided. THEREFORE, BE IT ORDAINED by the Council ofthe City of Roanoke that: 1. Section 36.2-100, Code ofthe City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect the amendment of the Planned Unit Development Plan for William Fleming High School to include a fieldhouse with bus and car parking areas, and to change the layout of the various athletic and recreation facilities, including the removal of a baseball field and addition of two football/soccer/lacrosse fields, on property identified by Official Tax No. 6460102, located at 3601 Femcliff Avenue, N.W., as set forth in the O-William Fleming High School-amend PUD Plan.doc 2 Zoning Amended Application No.1 dated April 17, 2009. 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: ! \:... ,~hw. h1()l)vv City Cletk.:l O-William Fleming High School-amend PUD Plan.doc 3 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 June 15, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Request from the City of Roanoke to amend the Planned Unit Development Plan for William Fleming High School, 3601 Ferncliff Avenue, N.W., Official Tax No. 6260102, to include a field house with bus and car parking areas, and to change the layout of the various athletic and recreation facilities, including the removal of a baseball field and addition of two football/ soccer/lacrosse fields. Planning Commission Public Hearing and Action Planning Commission public hearing was held on Thursday, May 21, 2009. There was no one present to speak in favor of or in opposition to the proposed amendment to the INPUD development plan for William Fleming High School. By a vote of 4-0 (Ms. Katz and Mr. Van Hyning absent and Mr. Rife abstaining), the Commission voted to recommend approval of the request, finding the plan to be consistent with Vision 2001-2020 and the Peters Creek North Neighborhood Plan. Providing quality educational and athletic facilities for the community is a high priority of both plans. Respectfully submitted, ~.~~~ D. Kent Chrisman, Chairman City Planning Commission cc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney R. Brian Townsend, Assistant City Manager Members of City Council June 15, 2009 Page 2 . Application Information Request: Amendment of Planned Unit Development Owner: City of Roanoke Authorized Agent: Richard Rife, Rife + Wood Architects City Staff Person: Maribeth B. Mills Site Address/Location: 3601 Ferncliff Avenue NW Official Tax Nos.: 6460102 Site Area: 58.83 Acres Existing Zoning: INPUD, Institutional Planned Unit Development Proposed Zoning: INPUD, Institutional Planned Unit Development .'- Existing Land Use: Educational Facility, Middle and Secondary Proposed Land Use: Educational Facility, Middle and Secondary Neighborhood Plan: . Peters Creek North Neighborhood Plan Specified Future Land Use: Park/Open Space/Public and Multifamily Filing Date: Original Application: March 31, 2009; Amended Application NO.1: April 17, 2009 Background As part of the 2005 comprehensive rezoning, the William Fleming High School campus was zoned Institutional Planned Unit Development District (INPUD). A new INPUD development plan was adopted in June of 2007 to permit the demolition and reconstruction of the high school and associated parking areas; to construct a 3,100 seat stadium; and to establish various athletic fields and courts. Lawson Hall, the Employee Health Clinic, and William Rufner Middle School were to remain unchanged. The school system has now decided to relocate the functions of Lawson Hall and the Employee Health Clinic to other school sites and demolish the buildings housing these functions. In their place, an 8,000 square foot field house is proposed. The existing parking lot serving Lawson Hall would be expanded to 62 car spaces and six bus spaces for visiting teams and bands. Playing fields and courts are proposed to be reconfigured to allow the addition of track and field facilities and two multipurpose fields. The proposed middle school baseball field would be removed. Conditions Proffered by the Applicant As an INPUD, the development plan attached to this amendment is binding for future development. Development standards are listed directly on the development plan. Members of City Council June 15, 2009 Page 3 Considerations Surroundinq Zoninq and Land Use: Zoning District Land Use North ROS, Recreation and Open Space District Countryside Golf Course and & RMF, Residential Multifamily District. an apartment complex. South CLS, Commercial-Large Site District. Retail Sales Establishments. East 1-1, Light Industrial District and CLS, Johnson & Johnson building Commercial-Large Site District. and hotels. West RMF, Residential Multifamily District and An apartment complex and RM-2, Residential Mixed Density District. two vacant parcels. Compliance with the Zoninq Ordinance: The INPUD District encourages harmonious development of institutional uses and mixed-use campus developments. This district provides flexibility for creative development that minimizes potential negative impacts on neighboring uses and recognizes the special complexity and interrelationships of land uses. The demolition of Lawson Hall and reconfiguration and construction of athletic facilities is consistent with this purpose. An additional 28 parking spaces are being added by the proposed plan, resulting in 659 total spaces. The removal of Lawson Hall and the Employee Health Clinic reduce the required minimum parking to 539 spaces and the maximum permitted to 755 spaces. The stadium, if it were a standalone use, would require 620 spaces. Traffic generated for athletic or other special events typically occurs outside of normal operating hours. Therefore, the proposed off-street parking spaces are sufficient to accommodate stadium capacity. A special exception application has been submitted for stadium lighting and will go before the Board of Zoning Appeals on May 12, 2009. Conformity with the Comprehensive Plan and Neiqhborhood Plan: Providing quality educational and athletic facilities for the citizens of Roanoke is a high priority of both the City's Comprehensive Plan and the Peters Creek North Neighborhood Plan. A well planned facility not only provides a place to educate the community's youth but provide education and recreation to citizens of all ages and with a variety of interests. It is unclear if the athletic facilities will be available to the public as they are at other school facilities such as Patrick Henry High School. The William Fleming campus is currently enclosed by a chain link fence. If they are open to the public, however, the flexibility of the space proposed in this application could easily be used by the community for activities and events. Members of City Council June 15, 2009 Page 4 The following policies of Vision 2001.;;2020 are relevant to the application: . PE P4. Quality Education. Roanoke's school system will be known for its quality education that prepares students for the workplace or with the skills and knowledge needed to succeed in higher education. Roanoke will maintain and improve its high-quality public education facilities and programs at all levels. · PE P2. School Facilities. School facilities are important community facilities. The location of new school facilities will be carefully planned to enhance the surrounding community and adhere to the City Design principles recommended. · PE P4. Community learning centers. Roanoke will encourage the efficient use of public schools by co-location of education, lifelong learning, and recreation programs in school facilities, making them community learning centers. The following policies of the Peters Creek North Neighborhood Plan are relevant to the application: . Quality of Life Policies a. Increase recreational opportunities in the area. City Department Comments: None. Public Comments: None. Fax: (540) 853-1230 J APR 1 I 2009 CITY OF ROANOKE 'NNING BUILDINr, AND DfYE-LOP..... Submittal Number: I Amended Application NO.1 1;"}~tC!ii:;~~8e.fe'Jo.J)n@';,',;...f Date: 14/17/09 :Re.'''''"uesi!f(S;reCi~mD:"ihi. ri'lap. "pfyT.:IJJ11 ~L~'~",~.u.:J~JJ;:C:~~~;'~~'''~~~:W,,~.~~;~~ o Rezoning, Not Otherwise Listed o Rezoning, Conditional o Rezoning to Planned Unit Development o Establishment of Comprehensive Sign Overlay District 'Ii""'. . ,""",,'1!'''~.)~'''''I~-,,".,.'''t.~i''''''''''''ii).'i l'l'i'l'i.~".'. . :~r.op!!_:.._,.~, ,.onn~" ol'!~_ o Amendment of Proffered Conditions ~ Amendment of Planned Unit Development Plan o Amendment of Comprehensive Sign Overlay District j Address: 3601 Ferncliff Avenue, NW, Roanoke, VA 24017 . Official Tax No(s).: 16460102 Existing Base Zoning: INPUD, Institutional Planned Unit Development (If multiple zones, please manually enter all districts.) Ordinance No(s). for Existing Conditions (If applicable): /37793-060407 Proposed Land Use: I Public Schools - No Change o With Conditions o Without Conditions Phone Number: + 1 (540) 853-2333 I E-Mail: /Darlene.Burcham@roanokeva.gov I Name: Address: I Phone Number: I E-Mail: I I I Applicant's Signature: Name:/ Richard Rife, Rife + Wood Architects I Phone Number: I + 1 (540) 344-6015 I E-Mail: Irichard@rifewood.com I Address: - - 1326 Grandin Road Roanoke, VA 24015 Rife + Wood ARCHITECTS April 17, 2009 To: Roanoke City Planning Commission From: Rife + Wood Architects, agent for Roanoke City Public Schools Re: Amended Application No. 1 Amendment of Proffered Site Development Plan for William Fleming High School. Background: The site was rezoned in 2007 to INPUD in order to construct the new William Fleming High . School building and stadium. The attached INPUD Development Plan drawing INPUD-Ol, , dated January 4,2007, was proffered as part of that rezoning. The basic location of the stadium was approved at that time. Roanoke City Public Schools has subsequently decided to demolish Lawson Hall and add a Fieldhouse facility. The programs taught in Lawson will be consolidated at Patrick Henry High School. In view of these changes, City Schools wishes to redesign the site to utilize the land more efficiently and increase the number of-athletic fields. An Amended INPUD Development Plan, as shown on drawings A-INPUD-Ol, and A-INPUD-02, dated April 17, 2009, illustrates these proposed changes. Site Design: The proposed amended design of the site is illustrated on Exhibit One dated March 24,2009. More detailed information is shown on drawings A-INPUD-Ol, and A-INPUD-02, dated April 17, 2009. Please note that the locations and sizes of the high school and stadium have not changed. The stadium will provide approximately 3100 seats, 2060 on the home side and 1040 on the visitor side, including handicapped and companion seating. Each side will have separate toilet and concession facilities; the arrangement of these buildings has changed a bit from the original plan as part of the reconfiguration of the fields. The playing surface will be artificial turf sized for football, lacrosse and VHSL championship soccer. A 400-meter track and the associated field event facilities will be incorporated into the stadium facility. A fieldhouse with bus and car parking areas has been added to support the. stadium and adjacent baseball, softball and soccer fields. tel: (540) 344-6015 fax: (540) 344-5982 tit While the primary changes are in the layout of the various athletic and recreation facilities, the modular building housing City Schools Employee Health will also be removed from the site. The baseball field planned for Ruffner has been deleted and two football/soccer/lacrosse fields added. The tennis courts, baseball field and softball field have been rearranged to utilize the available land more efficiently. The "before and after" count on athletic facilities is listed below: Facility 3000-seat Stadium Track & Field facilities Fieldhouse High School Baseball High School Softball Middle School Baseball Football / Soccer / Lacrosse Tennis Courts January 4. 2007 Plan 1 1 o I 1 I 3 6 April 17.2009 Plan 1 I 1 1 1 o 5 6 The old campus-style high school was very inefficient in its layout and utilization of land. It had only one,regulation football field (inside of the track), a baseball field, two softball fields, and two non-regulation soccer fields. The 2009 plan represents a substantial increase to the City's inventory of football/soccer/lacrosse fields. The amended development plan will further the intent of the City's Comprehensive Plan in numerous ways: · Co-location of recreation programs at school facilities (p. 84, PE P4). · The location of new school facilities will be carefully planned to enhance the surrounding community (p. 84, PE P2). · Roanoke will develop recreation facilities that enhance the City's quality oflife. (p. 49, EC PI) Parking: The new William Fleming parking areas opening off of F emcIiff A venue and Ordway Drive and the Ruffner parking areas are unchanged in the amended plan. The existing parking area around Lawson Hall will be partially reused in the amended plan. New parking to provide 62 additional car spaces and 6 bus spaces will be provided to support the fieldhouse and visiting teams and bands. The amended parking calculations are shown on sheet A-INPUD-Ol, dated April 17, 2009. With the uncertainty of the future use for the Ruffner building, the parking demand for Ruffner was based on its use as a middle school for purposes of the count. Site Utilities and Infrastructure: Under the amended development plan, the high school will serve the same number of students as it does currently, therefore, the demands on existing utility and road infrastructure serving this site will not change. The stadium needs 620 parking spaces on-site at I space per 5 seats; the plan provides 659. The stadium will not be used for games while school is in session, so there will be no overlap of the school's and the stadium's parking demands. FerncIiff Avenue has been widened and a sidewalk added as part of the 2007 plan. All new utility lines shall be located underground. . 8 (I 6ffiCiilrTax No. Qf Name of Property Owner M~i1ingAdd.ress of Acfjp(nlng Property Property Owner P.O. Box 38427 6450104 Hoback Properties LLC Pittsburg, PA 15238 2626 Glenwood Ave Suite 200 6450121 Winn Limited Partnership Raleigh,'NC 27608 3315 Ordway Drive NW 6460104 Shree Vinayak LLC Roanoke, VA 24017 4818 Starkey Road 6460101 Delta Dental of Virginia Roanoke, VA 24018 2206 Montauk Road NW 6472101 S.R.C. Virginia Inc. Roanoke, VA 24017 215 Church Ave SW Room 250 6472302 City of Roanoke Roanoke, VA 24011 2062 Routt Road NW 6401205 King Kansas Blair Roanoke, VA 24017 11 South 1ih Street 6440101 VA Roanoke LLC Richmond, VA 23219 P.O. Box 20069 6440116 Horace Fralin Partners Roanoke, VA 24018-0503 601 S. Belvidere Street 6440120 Ferncliff South Housing Management Richmond, VA 23220 P.O. Box 6120 6450122 Freeway Partners LLC Lynchburg, VA 24505 G & M Fargo LLC & P.O. Box 35547 6450101 MRH Venture Capital LLC Tulsa, OK 74135-4496 Map Output A Copyri~h~~001..: 200!tCi!y...of ~oanoke,. @" ,~ http:// gis.roanokeva.gov /serv let! com. esri .esrimap.Esrimao?ServiceN ame=m ke&rl jpnt V pr\;!; An Page 1 of 1 1/11 !")f\f\O i . \tl ~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of June, 2007. No. 37793-060407. 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 five tracts of land located on Highland Farm Road, N.W., and Femc1iff Avenue, N.W., and identified by Official Tax Nos. 6460102, 6460103, 6472207, 6472208 and 6472209, from INPUD, Institutional Planned Unit Development District, and ROS, Recreation and Open Space District, to INPUD, Institutional Planned Unit Development District. WHEREAS, the City of Roanoke, repres~nted by Darlene L. Burcham, City Manager, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the hereinafter described properties rezoned from INPUD, Institutional Planned Unit Development District, and ROS, Recreation and Open Space District, to INPUD, Institutional Planned Unit Development District, to permit the redevelopment of the William Fleming High School campus, such redevelopment to include a new approximately 295,000 square foot main high school building, an approximately 3,000 seat sports stadium, three new ballfields, two practice fields, tennis courts, an approximately 3,362 square foot new employee health center building located along Femdale Drive, and two new parking areas to the north and south of the new high school. building. The existing Lawson Hall and the William Ruffner Middle School buildings will remain. The classroom wing (west) will have a parapet height of approximately 33 feet, and the gym and theater in the east wing will have a parapet height of approximately 40 feet. The stadium is estimated to be 33-34 feet high, but will not exceed 40 feet high, O-CoR-Burcham-Rezone & Amend - William Fleming - nigh school & sports stadium 6-4-07 . and the stadium will have four light poles at a height of approximately 70-75 feet each. The exterior of the school will be brick and metal; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by ~36.2-540, 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 May 21,2007, after due and timely notice thereof as required by ~36.2-540, 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 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, and 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 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 reflect that five tracts of land located on Highland Fann Road, N.W., and Fernc1iff Avenue, N.W., more specifically described as 3601 Femc1iff Avenue, N.W., and identified by Official Tax Nos. 6460102, 6460103, 6472207, 6472208 and 6472209, be, O-CoR-Burcham-Rezone & Amend - William Fleming - nigh school & sports stadium 6-4-07 . and are hereby rezoned from INPUD, Institutional Planned Unit Development District, and ROS, Recreation and Open Space District, to INPUD, Institutional Planned Unit Development District, to permit the redevelopment of the William Fleming High School campus, as set forth in the Application for Rezoning - Amended Application No. 1 of the City of Roanoke, represented by Darlene L. Burcham, filed in the Office of the Department ofPlalll1ing Building and Economic Development on March 30, 2007. ATTEST: City Clerk. 111. h?~ O-CoR-Burcham-Rezone & Amend '- William Fleming - nigh school & sports stadium 6-4-07 - - ~ ~ =!Ht '" 3: i,.. '" + I w 0. gr;:] I~l -g~ll ~=p +.;1 ..e....I.1 02~1 I P1; j!;i~ · jlii f1jf 'Ilii ,n! J1,il1h! . f !ji -.' k - B.a ';'" ~ I r j 1-"! II ; i qJ 1 j ,sDo.r I; . ~ :; I '-I-'~~I'OO>-Z -... 'i~..~'r ow:::>z<lo ... I V'l a.. w...J i~'!i:1 I ~~~o.. I i 'II 0 0 C , ; t a:::...J ::J .j J ~ 0.. ~ a. l!./m ill ~ a: I ~ i I j J ' n 1 J I ~ it !!, ... oR.. I Iff i U ,n, >:1; !! J l~J' : ,] : J : I 5 I'B it ii ~n!~, I j ...... ~~ " ~~ J ~: !II -l '1j- , 1 r! '1 J J Ij r r 'i' - 1ft h I~ ! ,ll!it i:i ,! ,ll!h ; II!!!, i,~ l~ ,! i! ~ I nf~ H . !ij"JJu ! iI n!"JJn J 1%. Ih h h i J i ! ff,; In #"M.. ! H H"h~"l ff"'~ If ! ~ ! ~ f J f~~ I" ~!i!iI! ;l!!il! 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I j Ilo-eJII:'f! . & I. , ill _ 'II I t r . , I " XII :1 IfH II! :~I II j.1 -(' 1'1 It {I "1 II htl 'II ~!~ i II I , "; I 1\. I} i' !il 'It !'I!" II, 1111 t~ !: I,: I 111~i In ji r l~ lit hi :1 'll,oll IIi f': I ~ tl/'l' 'j : 'I' ,If 1ft . ii J; ~ti1 II WI I:, N 1 It 1 {f:llt lih' f~t I::: ~ ," ll'!~ hi !~d II' ill: i ,I( .Illa W Ihl, ,.I ;, I . -.. / /;1. '( < (' [j e 1'1 'I'CC>-~Ii ~i'jl ~~~~ I 0 05 I '" -' I 0.. "'z Idllll ~ ~ c -; / I '.I 'v. " ~ . ~! I <v. 1'1 ~<I"'lili ~"'t lilli, : ,I Ijil"I'; ! i I i ~'i' ~ ~ f " 1\ . ! The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times Reference: 32143302 11441675 PH - 061509 Will NOTICE OF PUBLIC' HEARING The Council of,the City of Roanoke will hold a public hearing on Monday, June 15, 2009, 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 amend ,the Planned Unit Development Plan for William Fleming High ~chool, 3601 Ferncliff Avenue, N.W., Official Tax No, 6460102, to include a field house with bus and car parking areas, and to change the layout of the various athletic and recreation facilities, Including the removal of a baseball field and addition' of two football/soccer/lacrosse fields, ' 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 ap'pear on the above date and be heard on the matter. If yo.u are. a 'p;rson with' ii-ciiSabiiiiY who I Ineeds accommodations for i IthiS hearing, please contact the City Clerk's Office, at 853.2541, before noon on , 'the Thursday before the'date 1 'of the hearing listed above, I GIVEN under my hand this I 26th day of May, 2009. I I Stephanie M, Moon, CMC I , City Clerk. : 1(11441675) ) CITY OF ROANOKE CLERK'S OFFICE 215 CHURCH AVE SW RM 456 NOEL C. TAYLOR MUNICIPAL BLDG ROANOKE VA 24011 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 VJ~d Sworn & subscribed before me this , day of JULY 2009. Witness my hand and official seal. ~ \\\11""1', PUBLISHED ON: OS/29 06/05 "", ~cEN "'" ....' ~:........,:!~ '" ~ ~~.., NOTARY "'~-:;' : ,:::: .. PUBLIC '. ':J) -:. ~ . . ~ : *: REG. #332964 : ,* : TOTAL COST: 368.16 : : MY COMMISSION: : FILED ON: 7/2/2009 -;. ~.... ~r:J.ill ....~: ~ ~ . . ..7 . ... ra- .~ ------------------------------------------------------------------------------------------------------""'"=-~-~ :-~; . -.......~"'\q:;~"'....._------- '" 'I/IWE/llTu Clt " '1, ~ n \\' Authorized ' I I III! I 1\ \ \ Signature: , Billing Services Representative L~ \O~ ~ bl~0\ v NOTICE OF PUBLIC HEARING The Council ofthe City of Roanoke will hold a public hearing on Monday, June 15,2009, 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 amend the Planned Unit Development Plan for William Fleming High School, 3601 Femcliff Avenue, N.W., Official Tax No. 6460102, to include a fieldhouse with bus and car parking areas, and to change the layout of the various athletic and recreation facilities, including the removal of a baseball field and addition of two football/soccer/lacrosse fields. 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 the Thursday before the date of the hearing listed above. GIVEN under my hand this 26thlayof May ,2009. Stephanie M. Moon, CMC City Clerk. William Fleming-amend PUD Plan,doc Notice to Publisher: Publish in the Roanoke Times on Friday, May 29 and Friday, June 5, 2009. Send affidavit and bill to: Stephanie M. Moon, CMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 , PH-061S09 William Aeminl!;-amend PUD Plan,doc '0, AFFIDAVIT PERTAINING TO AMENDMENT OF PUD PLAN OF: City of Roanoke, 3601 Ferncliff Avenue, NW Tax No. 6460102, William Fleming High School ) AFFIDAVIT ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 27h day of April, 2009, notices of a public hearing to be held on the 21st day of May, 2009, on the request captioned above to the owner or agent of the parcels as set out below: Tax No. Name Mailing Address 6401205 Kansas B. King 2062 Routt Road, NW Roanoke, VA 24017 6440101 VC Roanoke LLC 11 S. 12th Street Richmond, VA 23219 6440116 Horace G. Fralin Partners, et als POBox 20069 Roanoke, VA 24018-0503 6440120 Ferncliff South 601 S. Belvidere Street Richmond, VA 23220 6450101 G & M Fargo LLC POBox 35547 Tulsa, OK 74135-4496 6450104 Hoback Properties LLC POBox 38427 Pittsburgh, PA 15238 6450121 Winn Limited Partnership 6450122 Freeway Partners. LLC 2626 Glenwood Ave., Ste. 200 Raleigh, NC 27608 POBox 6120 Lynchburg, VA 24505 4818 Starkey Road Roanoke, VA 24018 6460101 Delta Dental of VA oj; 6460107 United States of America 100 Arbor Drive, NE Roanoke, VA 24073 Notice also sent to: Valerie Garner, President, Countryside NH Alliance ~~;Jy~ Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 27th day of April, 2009. ~ 9f ~cJui~ Notary Public My Commission Expires: Q 1 d ~ ) dD II 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 T. WEBB Assistant Deputy City Clerk June 1,2009 Mr. Kansas B. King VC Roanoke, LLC Horace G. Fralin Partners, et alas Ferncliff South G & M Fargo LLC Hoback Properties LLC Ms. Valerie Garner Winn Limited Partnership Freeway Partners, LLC Delta Dental of Virginia Shree Vinayak, LLC SRC Virginia Inc. United States of America 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 hav.e advertised a public hearing for Monday, June 15, 2009, 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, 21 5 Church Avenue, S. W., on the request of the City of Roanoke to amend the Planned Unit Development Plan for William Fleming High School, 3601 Ferncliff Avenue, N. W., to include a field house with bus and car parking areas; and to change the layout of the various athletic and recreation facilities, including removal of a baseball field, and to add two football/soccer/lacrosse fields. This letter is provided foryour 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 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 STEPHANIE M, MOON, CMC E-mail: clerk@roanokeva.gov City Clerk SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA T, WEBB Assistant Deputy City Clerk June 16, 2009 ' Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: A public hearing was conducted by the Council of the City of Roanoke at its regular meeting on Monday, June 15, 2009, on a request of the City of Roanoke to amend the boundaries of Enterprise Zone One A and its Subzone A, as well as Enterpise Zone Two and its Subzone A. Resolution No. 38499-061509 was adopted in connection with Enterprise Zone One A and its Subzone A; however, action with regard to Enterprise Zone Two and its Subzone A was laid on the table until the next regular meeting of the Council scheduled for Monday, July 6, 2009, in order to consider additional parcels for inclusion in Enterprise Zone Two. Sincerely, ~rn. hltn/YJ Stephanie M. Moon, cM'c City Clerk SMM:ew pc: Ann H. Shawver, Director of Finance William M. Hackworth, City Attorney Sherman M. Stovall, Director, Management and Budget R. Brian Townsend, Assistant City Manger for Community Development Lindsay Hurt, Economic Development Specialist 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 June 16, 2009 SHEILA N, HARTMAN, CMC Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 38499-061509 authorizing the proper City officials to make boundary amendments to the City's Enterprise Zone One A and its Subzone A that will add certain areas to them; authorizing the City Manager to apply to the Virginia Department of Housing and Community Development for approval of such boundary amendments; and authorizing the City Manager to take such further action as may be necessary to obtain and implement such boundary amendments. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 2009, and is in full force and effect upon its passage. Sincerely, ~fYJ.iYJOayU Stephanie M. Moon, CMC City Clerk SMM :ew Attachment pc: Ann H. Shawver, Director of Finance William M. Hackworth, City Attorney Sherman M. Stovall, Director, Management and Budget Lindsay Hurt, Economic Development Specialist p:t IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of June., 2009. No. 38499-061509. A RESOLUTION authorizing the proper City officials to make boundary amendments to the City's Enterprise Zone One A and its Subzone A that will add certain areas to them; authorizing the City Manager to apply to the Virginia Department of Housing and Community Development (VDHCD) for approval of such boundary amendments; and authorizing the City Manager to take, such further action as may be necessary to obtain and implement such boundary amendments. WHEREAS, there are certain areas currently located outside the current Enterprise Zone One A and its Subzone A that are contiguous to them that are not currently a part of such Zone areas, but that can be added to them and that will benefit from the designation ofthose additional area,s as part of the current Enterprise Zone One A and its Subzone A, as set forth in a letter from the City Manager to Council dated June 15,2009; WHEREAS, the Virginia Enterprise Zone Grant Act of 2005, as amended, authorizes the amendment of an existing Enterprise Zone to add areas to such Zone and its noncontiguous Subzones, thereby making qualified business firms within such an area eligible for Enterprise Zone benefits; WHEREAS, the addition of certain areas of the City a~ part of the City's Enterprise Zone One A and its Subzone A, as set forth above, has a potential to stimulate significant private sector investment within the City in areas where such business and industrial growth could result in much needed growth and revitalization; WHEREAS, this Council, acting in its capacity as the governing body of the City of R-Enterprise Zone Amendments-Zone OlleA-2009,doc 1 Roanoke, has held a public hearing on the above mentioned proposed boundary amendments, at which public hearing citizens and parties in interest were afforded an opportmiity to be heard on such proposed boundary amendments to Enterprise Zone One A and its Subzone A. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke is hereby applying for amendments to the City's Enterprise Zone One A and its Subzone A, which amendments will add additional areas which are currently outside such Zone areas. Such boundary amendments are more fully shown on the map attached to the City Manager's letter to Council dated June 15,2009, and more fully described in such letter. 2. The City Manager is hereby authorized to apply, on behalf of the City, to the VDHCD for the above mentioned boundary amendments to the City's existing Enterprise Zone One A and it~ Subzone A pursuant to the applicable provisions of the Virginia Enterprise Zone Grant Act, as amended, which boundary amendments will add to them certain areas, all as more fully set forth in the above mentioned letter. 3. Council hereby certifies that it held a held a public hearing as required by the Virginia Enterprise Zone Grant Act Regulations. 4. The City Manager is authorized to submit to the VDHCD all information necessary for the application for the boundary amendments to the City's Enterprise Zone One A and its Subzone A for the Department's review and consideration and to take such further action as may be necessary to meet other program requirements or to establish the boundary amendments as set forth above. The City Clerk is authorized to execute and attest any documents that may be necessary or required for the application or for the provision of s.uch information. Such authority shall continue throughout the life of such Zone One A and its Subzone A. R-Enterprise Zone Amendments-Zone OneA-2009,doc 2 5 Local incentives applicable for Enterprise Zone One A and its Subzone A shall also be applicable for any new areas covered by such approved boundary amendments. 6. Any such approved boundary amendments will be retroactive to the date as provided by such approval from the VDHCD. ATTEST: . n-;tJ~ City Clerk. ~' R-Enterprise Zone Amendments-Zone OneA-2009,doc 3 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 June 15, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Approval of Enterprise Zone One A and its Subzone A and Enterprise Zone Two and its Subzone A Amendment Applications Background: Since the designation of the City Enterprise Zones, both Enterprise Zone One A and Enterprise Zone Two and its Subzone A have had amendments to their zone boundaries and local incentives. In accordance with state regulations regarding boundary size, each zone, including any subzone, has a maximum limit equal to seven percent of total City acreage. Enterprise Zone One A, and its Subzone A, as well as Enterprise Zone Two, and its Subzone A, can be expanded. In an effort to best utilize Enterprise Zone incentives, City staff recommends boundary amendments as set forth below that would add an additional 47 acres to Zone One A, including its Subzone A, and 208 acres to Zone Two, including its Subzone A. The Zone One A boundary amendment would include a 26 acre addition between McClanahan Street and Gardens Road along Zone One A's Subzone A on Franklin Road, and a 4 acre site downtown to fill in the area around 4th and 5th Street between Church Avenue and Luck Avenue and including 526 Campbell Avenue. The Zone One A boundary amendment would also include 6 acres between Williamson Road and Kimball Avenue along 4th Street and 8 acres along Melrose Avenue just beyond Glenn Ridge Drive connecting to the rest of the Zone One A boundary at Adams Street. In addition, the Zone One A boundary amendment proposes to include 3 acres from 1 516 to 1602 Cleveland Avenue, west of 15th St. The Zone Two boundary amendment would include 9 acres connecting the commercial properties along Orange Avenue between Granby Street and Daleton Road, and an additional 19 acres added on Orange Avenue on both sides of King Street. Also, the amendment would include 180 acres contiguous to Zone Two's Honorable Mayor and Members of City Council June 15, 2009 Page 2 Subzone A along Thirlane Road through Tom Andrews Road and additional contiguous property to such Subzone A between Aviation Drive and Airport Road, around Trapper Circle and just surrounding Municipal Road. Adding the above properties to the City's Enterprise Zones would create additional opportunities for revitalization where buildings and/or properties are currently vacant or underutilized. This opportunity for investment can increase jobs and create enhanced infrastructure within the City's commercial districts. A map showing each boundary amendment is attached hereto and will also be on file in the City Clerk's Office. (Attachment 1) (The dashed red lines represen~ the boundary additions.) In accordance with the Virginia Department of Housing and Community Development's Virginia Enterprise Zone Program regulations, the local governing' body must hold at least one public hearing affording citizens or interested parties an opportunity to be heard before submitting an amendment application to the department for consideration. Such public hearing will be held at Council's regular 7:00 p.m. meeting on June 15, 2009. Upon approval by City Council, the boundary amendments will be subject to approval by the Virgfnia Department of Housing and Community Development (VDHCD), and, if approved, will be retroactive to a date approved by the VDHCD. Recommended Action: Absent comments at the public hearing requiring further consideration, City Council adopt the appropriate measures to expand the boundaries of Enterprise Zone One A, including its Subzone A, and of Enterprise Zone Two,. including its Subzone A, all subject to approval by the VDHCD, with an effective date retroactive to a date approved by the VDHCD, for the amended boundaries, all as set forth above. Furthermore, City Council authorize the City Manager to apply to the VDHCD for approval of the above mentioned amendments and to take such further action and/or to execute such additional documents as may be needed to obtain or confirm such amendments and to meet program requirements throughout the life of the Zone. Respectfully submitted, Darlene L. Bur City Manager Attachment . c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Lindsay Hurt, Economic Development Specialist CM09-00087 ~i?-' J ~~>/\ \ ~,,7<~/1 (_"._ '.'.J ...--... """'..., ,., , ~~~~ /-.. l~~~, '<'~....;..,,"" '-f J~r.:::) :r --( ",,, Enterprise Zone Amendment Tax Parcel Numbers Zone One A Zone Two 1290137 6530 01 1290138 6530 04 1290108 6530 05 1290136X 6530 06 290106 6530 07 290110 6530 08 290121 6530 09 150204 6530 10 150206 6520 08 150201 6520 09 150203 6520 10 150205 6620 10 150202 6620109 300413 6620106 300409 6620105 300410 6620107 300412 6620102 300411 6620108 300501 6630111 300502 6630110 300511 6630109 300513 6630112 300514 6630108 300517 6630 I I 5 050105 6630105 050101 6630107 050106 6630113 280613 6630114 6071 1 03 6620103 6070101 6630102 6070102 6630106 6070103 6640101 6070104 6640102 6070105 6640122 2761702 6640103 2761801 6640123 2761804 6640124 2761807 6640105 2761809 6640120 2761901 6640106 2761905 6640121 2761907 6640107 Zone One A Zone Two (conti nued) 2761908 70905 II 2761909 7090510 2761910 7100704 2762001 7100712 2762004 7100714 2762005 7100703 2762006 7100711 2762008 ... 7140103 2762009 7140106 3014006 7140126 3015006 7140124 3015008 7140104 012007 7130106 012006 7130109 012005 012004 012001 012002 012003 012026 011911 011910 011909 011906 011206 113402 321215 321201 321214 321301 321315 321314 321327 321317 321325 321313 . .... - Enterprise Zone Amendment Application Applicant Locality(ies): City of Roanoke Name of Zone: One A and its Subzone A Zone Number: 5 VIRGINIA 'DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT Partners for Better Communities 501 North Second Street Richmond, Virginia 23219 (804) 371-7030 EZON E@dhcd.virginia.gov www.dhcd.virginia.gov ' Form EZ-2 Revised 2.13.09 '\:VifA in ia ./ /~/ A vE-nterprise (? /~ 0Zones <J I . Instructions for completing the coversheet and application can be found in the appendices beginning on page 12 of this document. Please read all of the appendices carefully before completing this application. Each enterprise zone can consist of up to three non-contiguous zone areas. In cases where a locality has multiple zone designations, e.g. Richmond has three enterprise zones; each of those zones can consist of up to three non-contiguous geographic areas. In the case of joint zones, each locality's portion of the joint zone can consist of up to three non-contiguous geographic areas, but one of those three non-contiguous areas must be contiguous to at least one other participant's zone area. For more details, refer to page 15 in the appendix. Enterprise zone amendment applications can be submitted once every twelve months from the date of the locality's last zone amendment. Joint zones may amend their zones in one application or independently so long as each locality amends their portion of the zone only once every twelve months from the date of that locality's last amendment. The locality submitting the amendment application must be up to date in its annual reporting requirements. Once DHCD approves an enterprise zone amendment, the modifications to the zone are retroactive back to January 1 st of the calendar year in which the amendment was approved. This means that businesses added via a boundary amendment approved in 2009 could submit grant applications for the 2009 grant year. ~ ti~~~n$'e~of~R{'e~l:lire:tJ4~ttachmel'1t~ Place the required attachments at the end of the amendment application. Unless otherwise specified, the attachment is required for all types of application amendments. ~ Public Hearing Advertisements ~ Official Public Hearing Minutes [g] Local Assurances [g] Resolution (If this is a joint zone, remember that all participating localities must submit approval resolutions, even if they are not amending their portion of the zone) D Joint Application Agreement (Joint zones only) [g] Maps (Boundary amendments only) D Incentive charts (Incentive amendments only) Virginia Enterprise Zone Amendment Application (Form EZ-2) 2 \.Virginia flEntefprise "<Zones ~ ~Qter;stieef I " "~">n'''0i.;~....;_,..." "'-- .,'.... -'.'>YF.,i ," " (For joint zone amendments, each locality must complete a separate coversheet) Locality: City of Roanoke Govemment Address: Attn: Office of Economic Development 117 Church Avenue, SW Roanoke, VA 24011 Chief Elected Official (Name and Title): David A. Bowers (Mayor) Local Zone Administrator: Name: Lindsay Hurt Title: Economic Development Specialist Phone: 540/853-5405 E-mail: Lindsay.Hurt@roanokeva.gov Application Type: rgJ Single (one locality) Enterprise Zone o Joint (one locality amending) Enterprise Zone o Joint (multiple localities amending) Enterprise Zone If Joint application, list all participating localities: Certification of Chief Administrative Officer: To the best of my knowledge and belief, data in this proposal is true and correct and the governing body of the participant has duly authorized the proposal through resolution. The resolution is attached. Signature: Date: Name: Darlene L. Burcham Title: City Manager Virginia Enterprise Zone Amendment Application (Form EZ-2) 3 'l:Virginia ~Ent8(pris9 .. cZones ? [I. 2:oliej$iz~ Complete this section only if this amendment modifies the zone boundaries. Delete this section if your amendment is for incentive modification only. A. Basic size limits are determined by the type of locality. Each locality in a joint zone may have the maximum zone acreage for that type of locality. If this is a joint amendment application, Question A must be completed for each locality. For joint applications, duplicate the check boxes for as many localities participating in the zone. List the locality's name next to each duplicated box. Refer to Appendix II on page 15 for zone size limits and boundary modification requirements. Type of locality: o County: o Consolidated City: ~ Town (existing town zones only)/City: City of Roanoke Size guideline option used: o Basic land size minimum and maximum ~ 7 percent of land area (Cities and Towns only) Total land area 43 sa. miles o 7 percent of population (Cities and Towns only) Total population B. Complete the chart below showing the size of the zone after the proposed modifications. For joint zones, please list each locality's zone size adjustments on a separate line. Additional rows may be added to the table as needed. Zone size guidelines can be found in Appendix II on page 15. Locality Current zone Proposed Proposed Amended zone size in acreage deletion size in addition size in size in acreage acreage acreage (total acreage) City of Roanoke 1,823 0 47 1,870 , Virginia Enterprise Zone Amendment Application (Form EZ-2) 4 '\Virginia ~...En~iprisG ("Zones ? [I. Zone Siz~ C. Map Requirements - Required only for boundary amendments. Place required maps at the end of the application. For each of the required maps, joint applications must submit one map showing the entire zone area. The required maps must be able to fit inside a legal size mailing envelope. Each of the required maps must be produced at the same scale. GIS generated maps are preferred. Topographic maps are discouraged. Zone administrators MUST submit a draft boundary amendment map to DHCD prior to holding the public hearing for review. Map 1. - Map of the locality indicating the current and amended boundaries of the enterprise zone area. Please indicate the amended zone boundaries (areas to be added) with a heavy, dashed red line. Also shade the areas proposed for deletion. Indicate the existing zone boundary with heavy, solid red line. All required features listed in the charts must be included on each map. Map 2. - Map of the modified enterprise zone boundary indicating the existing land use characteristics according to the following classifications: Privately-Held Land Business/Commercial Industrial Institutional Single-family residential Multi-family Agriculture Parking Mixed-use (or "Other") Publicly-Held Land State/Federal Land Local publicly owned land in use Unused local public land Parks & Recreational Areas Parking Indicate on this map the total zone acreage and the approximate number of acres devoted to each type of use. Map 3. - Map of the modified enterprise zone showing the boundaries of existing zoning districts. (If the area is not zoned, this map is not required.) Virginia Enterprise Zone Amendment Application (Form EZ-2) 5 '\1iirginia -FEnt8rprise ... <Zones ? illl. Bounda~ Addition Complete this section only if this amendment adds acreage to the zone. Delete this section if your amendment is for a boundary deletion or incentive modification only. Boundary additions cannot consist of a site for a single business and cannot be less than 10 acres in size. Counties with enterprise zones can include acreage within corporate town limits, provided the acreage addition falls within the total zone size requirements for the locality. Towns with enterprise zones CANNOT add portions of the unincorporated areas into the zone through the amendment process. Describe the areas proposed for inclusion into the zone boundaries. Indicate if the added areas are contiguous to existing zone boundaries or will count as one of the three total non-contiguous zone areas per locality. Briefly explain the strategic importance of adding the area(s) to the zone. Discuss relevant economic conditions, economic development! revitalization efforts occurring within the proposed addition. Quantify this information where possible. (Limit response to space provided.) This boundary amendment will add an additional 47 acres to Enterprise Zone One A, including its Subzone A, as set forth below: 1. To add to the current Subzone A of Zone One A approximately 26 acres consisting of properties fronting on the west side of Franklin Road, SW, between and including the addresses of 3001 to 3137 and including properties with tax map numbers 1290136X and 1290108. In addition, to add properties located along the eastern side of Franklin Road, SW, between and including the addresses of 2406 to 2240 Franklin Road, SW. Other properties included consist of properties fronting on the east side of Franklin Road, SW, between and including the addresses of 2824 to 3130, and the properties located at the southeast corner of Franklin Road, SW, and McClanahan Street with tax map numbers 1050105, 1050101, and 1050106, along with the property at 2525 Franklin Road, SW. This particular area is in the center of several large renovations and new construction and would benefit from further encouragement to extend rehabilitation efforts along Franklin Road, SW. The property to be added is zoned General Commercial. 2. To add to the current Zone One A approximately 8 acres consisting of properties fronting on the south side of Melrose Avenue, NW, between and including the addresses of 4418 to 4516 and of 3804 to 4106 and including property at 1042 Adams Street, NW. The extensi~n would add additional commercial businesses along Melrose that are on the cusp of continuing revitalization efforts. The property to be added is zoned General Commercial and Neighborhood Commercial. 3. To add to the current Zone One A 6 acres consisting of properties fronting on the west side of 4th Street, NE, and which have tax map numbers 3014006,3015006, and 3015008. Such parcels have potential for redevelopment in the future. The property to be added is zoned for the downtown zoning district. 4. To add to the current Zone One A 4 acres consisting of properties fronting on the north and south side of Church Avenue, SW, and the north side of Luck Avenue which have tax map numbers 1012007, 1012006, 1012005,1012004,1012001,1012002,1012003, 1012026, 1011911, 1011910, 1011909, 1011906, 1011206, and 1113402. This small acreage will fill in two blocks downtown that are in need of renovation and investment and to allow for future renovation of a historically significant property within the City. The property to be added is zoned for the downtown zoning district. 5. To add to the current Zone One A 3 acres consisting of properties located along the south side of Cleveland Avenue, SW, which have tax map numbers 1321215,1321201,1321214,1321301,1321315, 1321314, 1321327, 1321317, 1321325, and 1321313. As a potential for future development, these parcels may be eligible for enterprise zone incentives and brownfield redevelopment incentives for such parcels. The property to be added is zoned Urban Flex. The addition of the above areas would create the potential to stimulate significant private sector investment within the City in areas where business growth could result in much needed revitalization. See attached map(s) for more detail on the above areas. Virginia Enterprise Zone Amendment Application (Form EZ-2) 6 ,Virginia ~Ent8ipri5e "-(Zones ? ~;"';)Iml-ili"'~"' ,---,-ml",.u '"' rrtt'emtS 'if."_;._.,...',, -"".Ift.;.'-. Appendix I: Public hearing and resolution requirements Local assurances Page 8 Page 9 Appendix II: Zone size requirements and configurations Page 1 0-11 Virginia Enterprise Zo,:",e Amendment Application (Form EZ-2) 7 '\.Virginia ({Enterprise "<Zones <f ~~ile.Jifa,IX~I.~Wti)Jilmitf$'tingi.and[\R'e-$ollJtiQn'klR'ijg,~ir~~r:Jg$. Public Hearing Requirements A local governing body must hold at least one public hearing on the application for Enterprise Zone amendment prior to the locality's passage of its enterprise zone resolution and prior to submission to DHCD. A copy of the advertisement of the public hearing and the public hearing minutes must accompany the application. For a joint amendment application, each participating local governing body may either hold a separate public hearing or schedule a joint public hearing. Public Hearing Advertisement Requirements o Ads must be published once a week for two successive weeks in a newspaper of general circulation. o The final advertisement cannot be published less than five days or more than twenty-one days prior to the hearing. o The ad must give the time, date, and location of the hearing. The complete requirements for conducting public hearings are stated in 915.2-2204, Code of Virginia. Virginia Enterprise Zone Amendment Application (Form EZ-2) 8 ~Virginia ~Ent8fprise "(Zones <l nit ,~J~~:;j'",i' ;, ,,",,~~.IiJ~~$ Local Assurances and Authorizations are used to certify the accuracy of the information provided by the applicant and to insure that the Program Regulations will be met. Important: All applications must include a certified resolution from the local governing body. If a joint application, include resolutions of each local governing body. Attach the resolutions at the end of the amendment application. Joint applications must also include a Joint Application Amendment Agreement (EZ-2-JA) from each non- amending partner - refer to page 14 ofthe appendix. As the representative of the local governing body of City of Roanoke. VA, I hereby certify that: Amending Locality 1. The information in the Enterprise Zone application is accurate to the best of my knowledge. 2. A public hearing was held by the aforementioned locality to solicit comments on this request for application amendment. A copy of the public hearing advertisement and a copy of the public hearing minutes are attached. 3. Any local enterprise zone incentives proposed by the aforementioned locality in the Enterprise Zone application represents a firm commitment by the locality and have been reviewed by the local governing body's attorney as to their legality; 4. It is understood that if at any time the aforementioned locality is unable or unwilling to fulfill a commitment to provide local enterprise zone incentives, or if no state enterprise zone incentives have been utilized within a five-year period, the zone shall be subject to termination. Chief Administrator: Darlene L. Burcham Virginia Enterprise Zone Amendment Application (Form EZ-2) 9 "'Virginia dEnterprise "('Zones " ~QQendix II: Zone Size Reguirements and Configuration~ Size Limits for Zones in Towns and Cities Minimum: one-quarter (1/4) square mile (160 acres). Maximum: one square mile (640 acres). Exception: may be larger than one square mile provided it does not exceed seven percent of the locality's land area or it does not encompass more than seven percent of the locality's total population. To calculate the population exception, use the Weldon Cooper Centers' most recent final (not provisional) population estimates for the locality. The following is link to the Weldon Cooper Public Service Center: http://www .coopercenter.org/de mog ra ph ics/POP ULA TION%20ESTIMA TES/ Size Limits for Zones in Unincorporated Areas of Counties Minimum: one-half (1/2) square mile (320 acres). Maximum: six square miles (approximately 3,840 acres). Size Limits for Zones in Consolidated Cities Zones in cities where the present boundaries have been created through the consolidation of a city and county (Chesapeake, Hampton, Newport News, and Virginia Beach) or the ~onsolidation of two cities (Suffolk and Richmond), must use the minimum and maximum size guidelines for zones in unincorporated areas of counties described above. Single zone: An enterprise zone located entirely within a single jurisdiction. The locality's zone can consist of three non-contiguous zone areas. A county zone including areas within incorporated town limits constitutes a single zone and town acreage is considered part of the county's zone acreage. Counties can amend their zone boundaries to include part of the corporate town limits as part of the zone. This addition does NOT constitute a joint zone., The acreage within the town limits counts towards the county's maximum zone acreage. Towns added into the county'acreage are not required to offer local enterprise zone incentives, but may. ---- Non-contiguous county zone areas ---- Town limits Virginia Enterprise Zone Amendment Application (Form EZ-2) 10 ,VIrginia ~Enteiprls8 .. il'Zones q ~p-p-endix II: Zone Size Reguirements and Configuration~ Joint zone: An enterprise zone located in two or more jurisdictions. Each locality's portion of the joint zone can consist of up to three non-contiguous geographic areas relative to that locality. The three non-contiguous areas comprise that locality's total zone size and the acreage of all three non- contiguous areas must meet the total size requirements for that type of locality. If a locality participates in a joint zone and also has two other zone designations, each of the three zones can consist of three non-contiguous areas. In the case of the joint zone, one of the locality's three possible zone areas must be contiguous to at least one other participant's zone area. The following are some examples of joint zone configurations: . = Non-contiguous areas of one locality's enterprise zone .. = Area where localities in joint zones are contiguous EXAMPLE A: Two-locality joint zone ...................................................... ~. . .."""..................................... . Locality Two Locality One . EXAMPLE B: Four-locality joint zone Locality Four Locality Two . . Locality One Locality Three . . . Virginia Enterprise Zone Amendment Application (Form EZ-2) 11 '\Virginia ~...En~iprise ",Zones <1 . , Enterprise Zone Amendment Application Applicant Locality(ies): City of Roanoke Name of Zone: Two and its Subzone A. Zone Number: 42 VIRGINIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT Partners for Better Communities 501 North Second Street Richmond, Virginia 23219 (804) 371-7030 EZON E@dhcd.virginia.gov www.dhcd.virginia.gov Form EZ-2 Revised 2.13.09 '\:Vi.Fginia //~/A vE-nterprise v // 0'Zones V :f0f'~IiI~rfiYiJ'"'Iii1I'emt~ ,,"lieati6n '.... "..".,....-~...~".,.~. .,0.-.....,. " ....,. -,.' ~ ...,.-,- _ "-.'.- -, '. Instructions for completing the coversheet and application can be found in the appendices beginning on page 12 of this document. Please read all of the appendices carefully before completing this application. Each enterprise zone can consist of up to three non-contiguous zone areas. In cases where a locality has multiple zone designations, e.g. Richmond has three enterprise zones; each of those zones can consist of up to three non-contiguous geographic areas. In the case of joint zones, each locality's portion of the joint zone can consist of up to three non-contiguous geographic areas, but one of those three non-contiguous areas must be contiguous to at least one other participant's zone area. For more details, refer to page 15 in the appendix. Enterprise zone amendment applications can be submitted once every twelve months from the date of the locality's last zone amendment. Joint zones may amend their zones in one application or independently so long as each locality amends their portion of the zone only once every twelve months from the date of that locality's last amendment. The locality submitting the amendment application must be up to date in its annual reporting requirements. Once DHCD approves an enterprise zone amendment, the modifications to the zone are retroactive back to January 15t of the calendar year in which the amendment was approved. This means that businesses added via a boundary amendment approved in 2009 could submit grant applications for the 2009 grant year. ~~~,~!J~t~.~f~~e~~i~~!i~ttael1J\'l'ent$ Place the required attachments at the end of the amendment application. Unless otherwise specified, the attachment is required for all types of application amendments. [8J Public Hearing Advertisements [2J Official Public Hearing Minutes [2J Local Assurances [2J Resolution (If this is a joint zone, remember that all participating localities must submit approval resolutions, even if they are not amending their portion of the zone) D Joint Application Agreement (Joint zones only) [2J Maps (Boundary amendments only) D Incentive charts (Incentive amendments only) Virginia Enterprise Zone Amendment Application (Form EZ-2) 2 '\Virginia ~Ent8rprisG . ~Zones <I ~.0~frESffl.ei!1 I.,~.'r"~~~~-"""<;'~~-" ". - t'". (For joint zone amendments, each locality must complete a separate coversheet) Locality: City of Roanoke Govemment Address: Attn: Office of Economic Development 117 Church Avenue, SW Roanoke, VA 24011 Chief Elected Official (Name and Title): David A. Bowers (Mayor) Local Zone Administrator: Name: Lindsay Hurt Title: Economic Development Specialist Phone: 540/853-5405 E-mail: Lindsay.Hurt@roanokeva.gov Application Type: I:8:J Single (one locality) Enterprise Zone o Joint (one locality amending) Enterprise Zone o Joint (multiple localities amending) Enterprise Zone If Joint application, list all participating localities: Certification of Chief Administrative Officer: To the best of my knowledge and belief, data in this proposal is true and correct and the governing body of the participant has duly authorized the proposal through resolution. The resolution is attached. Signature: Date: Name: Darlene L. Burcham Title: City Manager Virginia Enterprise Zone Amendment Application (Form EZ-2) 3 \.Virginia ~Eliteipri5e "<Zones ? [1..Zcsne;$.iz~ Complete this section only if this amendment modifies the zone boundaries. Delete this section if your amendment is for incentive modification only. A. Basic size limits are determined by the type of locality. Each locality in a joint zone may have the maximum zone acreage for that type of locality. If this is a joint amendment application, Question A must be completed for each locality. For joint appliCations, duplicate the check boxes for as many localities participating in the zone. List the locality's name next to each duplicated box. Refer to Appendix II on page 15 for zone size limits and boundary modification requirements. Type of locality: o County: o Consolidated City: ~ Town (existing town zones only)/City: City of Roanoke Size guideline option used: o Basic land size minimum and maximum ~ 7 percent of land area (Cities and Towns only) Total land area 43 Sq. miles 07 percent of population (Cities and Towns only) Total population B. Complete the chart below showing the size of the zone after the proposed modifications. For joint zones, please list each locality's zone size adjustments on a separate line. Additional rows may be added to the table as needed. Zone size guidelines can be found in Appendix II on page 15. Locality Current zone Proposed Proposed Amended zone size in acreage deletion size in addition size in size in acreage acreage acreage (total acreage) City of Roanoke 1,399 0 208 1,607 Virginia Enterprise Zone Amendment Application (Form EZ-2) 4 'i:.Virgi~ia . ~Enterpri5e . <Zones ? [I. Zone Siz~ C. Map Requirements - Required only for boundary amendments. Place required maps at the end of the application. For each of the required maps, joint applications must submit one map showing the entire zone area. The required maps must be able to fit inside a legal size mailing envelope. Each of the required maps must be produced at the same scale. GIS generated maps are preferred. Topographic maps are discouraged. Zone administrators MUST submit a draft boundary amendment map to DHCD prior to holding the public hearing for review. Map 1. - Map of the locality indicating the current and amended boundaries of the enterprise zone area. Please indicate the amended zone boundaries (areas to be added) with a heavy, dashed red line. Also shade the areas proposed for deletion. Indicate the existing zone boundary with heavy, solid red line. All required features listed in the charts must be included on each map. Map 2. - Map of the modified enterprise zone boundary indicating the existing land use characteristics according to the following classifications: Privately-Held Land Business/Commercial Industrial I nstitutiona I Single-family residential Multi-family Agriculture Parking Mixed-use (or "Other") \ Publicly-Held Land State/Federal Land Local publicly owned land in use Unused local public land Parks & Recreational Areas Parking Indicate on this map the total zone acreage and the approximate number of acres devoted to each type of use. Map 3. - Map of the modified enterprise zone showing the boundaries of existing zoning districts. (If the area is not zoned, this map is not required.) Virginia Enterprise Zone Amendment Application (Form EZ-2) 5 \Virgipia 4l'..En~erprise <Zones <1 Complete this section only if this amendment adds acreage to the zone. Delete this section if your amendment is for a boundary deletion or incentive modification only. Boundary additions cannot consist of a site for a single business and cannot be less than 10 acres in size. Counties with enterprise zones can include acreage within corporate town limits, provided the acreage addition falls within the total zone size requirements for the locality. Towns with enterprise zones CANNOT add portions of the unincorporated areas into the zone through the amendment process. Describe the areas proposed for inclusion into the zone boundaries. Indicate if the added areas are contiguous to existing zone boundaries or will count as one of the three total non-contiguous zone areas per locality. Briefly explain the strategic importance of adding the area(s) to the zone. Discuss relevant economic conditions, economic development! revitalization efforts occurring within the proposed addition. Quantify this information where possible. (Limit response to space provided.} This boundary amendment will add an additional 208 acres to Enterprise Zone Two, including its Subzone A, as set forth below: 1. To add to the current Subzone A of Zone Two 180 acres consisting of properties fronting on both sides of Coulter Road, NW, and fronting on Trapper Circle, NW. The other additions consist of properties fronting on both sides of Airport Road, NW, and which have tax map numbers 6630113,6630114,6620103,6630102, 6630106,6640101,6640102,6640122, 6640103,6640123, 6640124,6640105,6640120,6640106,6640121, and 6640107. The properties to be added have a great opportunity for future redevelopment in the City. These proposed parcels present an opportunity for redevelopment of existing buildings and sites in the near future. The property to be added is zoned Airport use, General Commercial, and Institutional Planned Unit Development. 2. To add to the current Zone Two approximately 19 acres consisting of properties located at the intersection of Orange Avenue, NE, including King Street, NE, and which have tax map numbers 7090511, 7090510,7100704,7100712,7100714,7100703, and 7100711. This would allow potential redevelopment in areas that have a chance of growth in property investment and job creation. The property to be added is zoned General Commercial and Light Industrial. 3. To add to the current Zone Two 9 acres consisting of five properties fronting on the west side of Granby Street with tax map numbers 7140103,7140106,7140126,7140124, and 7140104 and two properties fronting on the north side of Orange Avenue, NE, with tax map numbers 7130106 and 7130109. This area would close the commercial spaces along Orange Avenue, NE, in Enterprise Zone Two between Granby Street and Daleton Road. The property to be added is zoned Light Industrial and General Commercial. The addition of the above areas would create the potential for redevelopment of commercial and industrial sites and buildings within the City limits to create much needed growth and revitalization. See attached map(s) for more detail on the above areas. Virginia Enterprise Zone Amendment Application (Form EZ-2) 6 "-Virginia ~Erit8fpri5e "-(Zones <1 Appendix I: Public hearing and resolution requirements Local assurances Page 8 Page 9 Appendix II: Zone size requirements and configurations Page 10-11 Virginia Enterprise Zone Amendment Application (Form EZ-2) 7 '\Virginia *'Enteiprise "<Zones ? ~QQendix I: Public Hearing and Resolution Reguiremen~ Important information regarding joint zone amendments . Localities participating in a joint zone can choose to amend their respective portions of the zone application simultaneously through the submission of one amendment application. However, this is not required. Participants in a joint zone may amend their portion of the zone independently of each other. . Each locality can only amend their portion of the zone application once every twelve months from the approval date of their last amendment. . All localities carticipating in the ioint zone (reaardless of whether or not they are amendina their DOrtion of the zone) must cass aDDroval resolutions and sian ioint application aareements for any.. .. amendment made bY a cartnenna 10lnt a DDlicant. . DHCD will not process any amendment application until the applicant or applicants in the case of a joint zone amendment are up to date on their annual reporting requirements. Virginia Enterprise Zone Amendment Application (Form EZ-2) 8 Public Hearing Requirements A local governing body must hold at least one public hearing on the appli~ation for Enterprise Zone amendment pnor to the locality's passage of its enterprise zone resolution and prior to submission to DHCD. A copy of the advertisement of the public hearing and the public hearing minutes must accompany the application. For a joint amendment application, each participating local governing body may either hold a separate public hearing or schedule a joint public hearing. Public Hearing Advertisement Requirements o Ads must be published once a week for two successive weeks in a newspaper of general circulation. o The final advertisement cannot be published less than five days or more than twenty-one days prior to the hearing. o The ad must give the time, date, and location of the hearing. The complete requirements for conducting public hearings are stated in 915.2-2204, Code of Virginia. Minimum Resolution Format Requirements While DHCD does not provide a template for zone amendment resolutions, we outline the minimum requirements below which can also serve as the framework for a resolution. Single Jurisdiction - Resolutions accompanying single locality applications for enterprise zone amendment should state that the local governing body: o Is applying for enterprise zone amendment; o Authorizes its chief administrator (or clerk where there is no chief administrator) to submit all information needed to apply for a zone amendment. o Authorizes its chief administrator (or clerk) to meet other program administrative and reporting requirements, as defined by the Enterprise Zone Regulations, throughout the life of the zone. Joint Zone Application--Separate resolutions are required of each amending locality and should state that: o The local governing body is applying for enterprise zone amendment jointly with other localities (provide names); o One jurisdiction (provide name) is designated to act as program administrator; o The local governing body authorizes the chief administrator (or clerk) acting as program administrator to submit all information needed to apply for an enterprise zone amendment and to carry out all program administrative and reporting requirements on its be~alf; . o The local governing body authOrizes the chief administrator (or clerk) acting as program administrator to carry out all program administrative and reporting requirements on its behalf, as defined by the Enterprise Zone Regulations, throughout the life of the zone. Joint Zone Non-Amending Jurisdiction(s) o Each non-amending jurisdiction in a Joint EZ Zone must pass a concurrence resolution and complete a Joint Application Agreement (Form- EZ-2-JA). See pages 14. "'Virginia tlEnteiprise .. ~Zones q ~p-p-endix I: Local Assurance~ Local Assurances and Authorizations are used to certify the accuracy of the information provided by the applicant and to insure that the Program Regulations will be met. Important: All applications must include a certified resolution from the local governing body. If a joint application, include resolutions of each local governing body. Attach the resolutions at the end of the amendment application. Joint applications must also include a Joint Application Amendment Agreement (EZ-2-JA) from each non- amending partner- refer to page 14 of the appendix. As the representative of the local governing body of City of Roanoke. VA, I hereby certify that: Amending Locality 1. The information in the Enterprise Zone application is accurate to the best of my knowledge. 2. A public hearing was held by the aforementioned locality to solicit comments on this request for application amendment. A copy of the public hearing advertisement and a copy of the public hearing minutes are attached. 3. Any local enterprise zone incentives proposed by the aforementioned locality in the Enterprise Zone application represents a firm commitment by the locality and have been reviewed by the local governing body's attomey as to their legality; 4. It is understood that if at any time the aforementioned locality is unable or unwilling to fulfill a commitment to provide local enterprise zone incentives, or if no state enterprise zone incentives have been utilized within a five-year period, the zone shall be subject to termination. Chief Administrator: Darlene L. Burcham Title: City Manager Date: Virginia Enterprise Zone Amendment Application (Form EZ-2) 9 \:Virginia ~Ent8rprise ... <Zones <l ~QQendix II: Zone Size R~uirements and Configuration~ Size Limits for Zones in Towns and Cities Minimum: one-quarter (1/4) square mile (160 acres). Maximum: one square mile (640 acres). Exception: may be larger than one square mile provided it does not exceed seven percent of the locality's land area or it does not encompass more than seven percent of the locality's total population. To calculate the population exception, use the Weldon Cooper Centers' most recent final (not provisional) population estimates for the locality. The following is link to the Weldon Cooper Public Service Center: http://www .coopercenter.org/demog raph ics/POP ULA TION%20ESTIMA TES/ Size Limits for Zones in Unincorporated Areas of Counties Minimum: one-half (1/2) square mile (320 acres). Maximum: six square miles (approximately 3,840 acres). - Size Limits for Zones in Consolidated Cities Zones in cities where the present boundaries have been created through the consolidation of a city and county (Chesapeake, Hampton, Newport News, and Virginia Beach) or the consolidation of two cities (Suffolk and Richmond), must use the minimum and maximum size guidelines for zones in unincorporated areas of counties described above. Single zone: An enterprise zone located entirely within a single jurisdiction. The locality's zone can consist of three non-contiguous zone areas. A county zone including areas within incorporated town limits constitutes a single zone and town acreage is considered part of the county's zone acreage. Counties can amend their zone boundaries to include part of the corporate town limits as part of the zone. This addition does NOT constitute a joint zone. The acreage within the town limits counts towards the county's maximum zone acreage. Towns added into the county acreage are not required to offer local enterprise zone incentives, but may. ---- Non-contiguous county zone areas ------ Town limits Virginia Enterprise Zone Amendment Application (Form EZ-2) 10 'Virginia ~EniOfprls. ... clones ~ ~QQendix II: Zone Size Reguirements and ConfigurationS. Joint zone: An enterprise zone located in two or more jurisdictions. Each locality's portion of the joint zone can consist of up to three non-contiguous geographic areas relative to that locality. The three non-contiguous areas comprise that locality's total zone size and the acreage of all three non- contiguous areas must meet the total size requirements for that type of locality. If a locality participates in a joint zone and also has two other zone designations, each of the three zones can consist of three non-contiguous areas. In the case of the joint zone, one of the locality's three possible zone areas must be contiguous to at least one other participant's zone area. The following are some examples of joint zone configurations: . = Non-contiguous areas of one locality's enterprise zone . = Area where localities in joint zones.are contiguous EXAMPLE A: Two-locality joint zone ...................................................... I....~...........................~.... . Locality Two Locality One . EXAMPLE B: Four-locality joint zone Locality Four Locality Two . . Locality One . Locality Three . . Virginia Enterprise Zone Amendment Application (Form EZ-2) 11 \:Virginia 'Enterprise "<Zones (/ .. --- -'>. . ROANOKE Enterprise Zone One A Incentives Background The new Virginia Enterprise Zone program was established by the General Assembly in 2005 through the Virginia Enterprise Zone Act. An Enterprise Zone is a geographically defined area designated by the Governor. The state and local government enter into a ten year partnership to encourage business expansion and recruitment by offering both state and local incentives. Two five year periods may be added to the designation, provided approved by the Department of Housing and Community Development. Businesses locating within the boundaries of an Enterprise Zone may qualify for state and local incentives. A description of the local and state' incentives and the qualifying criteria is provided below. Enterprise Zone One A, encompassing 1,702.4 acres and centered along the main east and west tracks of the Norfolk & Western Railroad, was established in January 2004. Incentives remain in effect until December 31, 2023. Fayade Grant The Fayade Grant program was established to visually improve the appearance of buildings within Enterprise Zone One A. The grant is equal to one third of the cost of fayade renovations, capped at $25,000. Application must be made before work begins on the renovation, with all applications going before the Economic Development Authority. Grants are made on a reimbursement basis, and only cover the hard costs of the renovation, not architectural and engineering fees. Note: This incentive is the only incentive applying to non-profit entities. All other incentives apply only to for-profit entities. Partial Real Estate Tax Exemption of Rehabilitated Buildings (See Roanoke City Code Sections 32-101.1 et. seq.) A real estate tax exemption may be available for businesses within the Enterprise Zone One A for increasing, through substantial rehabilitation or renovation, the assessed value of an existing commercial, commercial mixed use (no more than 80% residential) or industrial building. In order , " to qualify for the exemption, a structure must be no less than 15 years of age, located within Enterprise Zone One A, rehabilitated or renovated so as-to increase the assessed value of the structure by at least $50,000 or more, the structure has not received an exemption under Division 5, Exemption of Certain Rehabilitated Real Property, of Article II, Chapter 32, of the Code of the City of Roanoke and the rehabilitation or renovation must be completed within one year after the date of the filing of the application for exemption. Development Fees Rebates Refund of development fees (building permit and comprehensive development plan review) may be available for business firms or building owners located in Enterprise Zone One A. The following limitations apply: Amount Invested $1,000,000 or more $900,000-$999,999.99 $800,000-$899,999.99 $700,000-$799,999.99 $600,000-$699,999.99 $500,000-$599,999.99 $400,000-$499,999.99 $300,000-$399,999.99 $250,000-$299,999.99 $125,000-$249,999.99 $0-$124,999.99 City Rebates 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% Water, Fire and Sewer Hookup Fees Rebates Refund of Water, Fire and Sewer hookup fees may be available for business firms or building owners located in Enterprise Zone One A. The following limitations apply: Amount Invested 1,000,000 or more $900,000-$999,999.99 $800,000-$899,999.99 $700,000-$799,999.99 $600,000-$699,999.99 $500,000-$599,999.99 $400,000-$499,999.99 $300,000-$399,999.99 $250,000-$299,999.99 $125,000-$249,999.99 $0-$124,999.99 City Rebates 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% Water Hookups Capped at Size 5/8" %" 1" 1 ~" 2" 3" 4" 6" 8" 1 0-12" Cap $ 1 ,500 $ 1 ,515 $ 1 ,600 $ 2,300 $ 2,500 $ 3,960 $12,300 $14,010 actual cost up to $20,043 actual cost up to $22,079 Sewer Hookups Capped at Size Cap 5/8-6" 8" 12" $ 1,500 actual cost up to $3,750 actual cost up to $7,500 Fire Hookups Capped at Size 4" 6" 8" 10" 12" Cap $10,300 $10,800 $13,300 $15,000 actual cost up to $22,250 Fire Suppression Retro-Fit Grant and Fire Hookup Rebate For rehabilitated commercial and industrial buildings, or mixed use buildings having no less than 20% devoted to commercial uses, needing a fire suppression system, a rebate of fire hookup fees, according to the above, is available from the City, with a grant from the Economic Development Authority available every year for five years to cover a percentage of monthly fire charges, as outlined below: Year One Year Two Year Three Year Four Year Five 50% of monthly fire service charge up to $1,000 40% of monthly fire service charge up to $800 30% of monthly fire service charge up to $600 20% of monthly fire service charge up to $400 10% of monthly fire service charge up to $200 Neighborhood and Parks Grant Neighborhood grants are made to neighborhood organizations seeking to improve gateway features, signage or undergo beautification measures. These grants are in the amount of $500, with only neighborhoods in Enterprise Zone One A or in a Census Tract contiguous to the zone eligible for the grants. There is a limit of one per fiscal year. Business Security Grant For any business located in Enterprise Zone One A participating in the Police Department's Star City Business Watch program, Security Grants of up to $500 to enact the security measures recommended by the Police Department are available. Job Grants Businesses qualified for job training assistance from the Department of Business Assistance (DBA) may be eligible for job training grants from the City of Roanoke. The amount of the grants is at the discretion of the City, but cannot be more than the amount from the state or combined with the state's grant, exceed the training need. It is the expectation of the City the business will work closely with the Office of Economic Development as it negotiates with the DBA. .' I Enterprise Zone Two Incentives Background The new Virginia Enterprise Zone program was established by the General Assembly in 2005 through the Virginia Enterprise Zone Act. An Enterprise Zone is a geographically defined area designated by the Governor. Although 51 Enterprise Zones now exist in the state, the legislation limits the number authorized statewide to thirty. The state and local government enter into a ten year partnership to encourage business expansion and recruitment by offering both state and local incentives. Two five year periods may be added to the designation, provided approved by the Department of Housing and Community Development. Businesses locating within the boundaries of an Enterprise Zone may qualify for state and local incentives. A description of the local and state incentives and the qualifying criteria is provided below. Enterprise Zone Two and the 581 /Hershberger Subzone, with 1,077.2 acres, covers the largest inventory of vacant industrial sites in the city. Enterprise Zone Two and the 581 /Hershberger Subzone remain in effect until December 31, 2015. Water, Fire and Sewer Hookup Fees Rebate for New Building Construction and the Rehabilitation of Existing Buildings City rebates up to 100% of water, fire, and sewer hookup fees, after documentation of a permanent certificate of occupancy, for businesses undertaking new building construction investment and the investment in the rehabilitation of existing buildings of at least $125,000. The following limitations apply to the rebates of water, fire, and sewer hookup fees: Amount Invested $1,000,000 or more $900,000-$999,999.99 $800,000-$899,999.99 $700,000-$799,999.99 $600,000-$699,999.99 $ 500,000-$ 5 99,999.99 City Rebates 100% 90% 80% 70% 60% 50% $400,000-$499,999.99 $ 300,000-$ 399,999.99 $250,000-$299,999.99 $125,000-$249,999.99 $0-$124,999.99 40% 30% 20% 10% 0% Water Hookups Capped at Size Cap 5/8" %" 1 " 1 }'2" 2" 3" 4" 6" 8" 1 0- 1 2" $ 1 ,500 $ 1,515 $ 1 ,600 $ 2,360 $ 2,500 $ 3,960 $12,300 $14,010 actual cost up to $20,043 actual cost up to $22,079 Sewer Hookups Capped at Size Cap 5/8-6" 8" 1 2" $ 1,500 actual cost up to $3,750 actual cost up to $7,500 Fire Hookups Capped at Size Cap 4" 6" 8" 1 0" 1 2" $10,300 $10,800 $13,300 $15,000 actual cost up to $22,250 Building Permit Fee and Comprehensive Development Plan Review Fees Rebate for New Building Construction and the Rehabilitation of Existing Buildings Up to 100% rebate of Building Permit fees and Comprehensive Development Plan Review fees based on new building construction investment and/or building rehabilitation investment. 4' Amount Invested $100,000 or more $75,000-$99,999.99 $ 50,000-$ 74,999.99 $25,000-$49,999.99 $0-$24,999.99 City Rebates 100% 75% 50% 25% 0% Rehabilitation of Existing Structures Real Estate Tax: Abatement A real estate tax abatement is available to businesses increasing by $50,000 or more, through substantial rehabilitation or renovation, the assessed value of an existing commercial or industrial building 15 or more years of age. The amount of the exemption from real property taxation shall be an amount equal to the difference in the appraised value of the structure immediately before rehabilitation or renovation and immediately after rehabilitation or renovation as determined by the Director of Real Estate Valuation. This amount only, on a fixed basis, shall constitute the exemption, notwithstanding subsequent assessment or reassessment. New construction of additional square footage will not qualify toward the tax exemption, as the purpose of the incentive is to encourage renovation of existing structures. The exemption remains with the building, not with the owner of the building, for a period of five years and begins on July 1 of the year following completion of the rehabilitation or renovation and approval of the application for exemption. The maximum tax abatement for any individual building over the five-year period is $75,000. A $50.00 application fee will be required. The types of substantial rehabilitation or renovation improvements considered as increasing the assessed value are limited to those made to the actual qualifying structure. Other improvements, fees, or costs will not be considered. Job Training Grants Job training grants are available of up to $1,000 per newly created, permanent, full-time, industrial position for Enterprise Zone residents and up to $500 per newly created, permanent, full-time, industrial position for residents living outside these areas. Businesses must create at least 10 permanent, full-time, industrial positions and invest at least $250,000 in real property and/or machinery and equipment, within the same calendar year, to be eligible for the grants. Only newly created, permanent, full-time positions will be considered for the one-time grant. Grants will be awarded with documentation of creation of the tenth position and the minimum investment. A business creating 10 permanent full-time positions would receive one grant, 11 positions two grants, 12 positions three grants, etc. The maximum amount in the program is $25,000. Should approved applications for grants exceed the $25,000 maximum, grants will be prorated based on the total grants approved for that particular year. . Seasonal, temporary, leased or contract labor positions, or positions created when a job function is shifted from an existing location in the Commonwealth to a local Enterprise Zone shall not qualify as permanent full-time positions. Companies must demonstrate a need for training funds and companies qualifying for state job grants are not eligible for the local, one-time job training grants, unless they can demonstrate the need greatly surpasses what is available from the Commonwealth of Virginia. Parking Lot/Landscaping Grant Businesses with gravel parking lots void of landscaping and contributing storm water runoff to an existing city-owned detention pond may be eligible for a parking lot/landscaping grant. Entity must be for profit. A plan showing the area to be paved, a list of all trees and plants, a plan showing where the landscaping will be placed, pictures of the lot as is, and a cost list must be submitted to the Economic Development Authority of the City of Roanoke, Virginia (EDA), with an application form prior to commencing work. Plans for landscaping must conform to existing zoning ordinances. Submissions will be reviewed by the EDA for completion and approval. Plans approved for an amount will be granted one third of the cost of the improvements, up to $25,000. Approved businesses will have six (6) months from the date of approval to complete the project. Once completed, the grantee must submit copies of all invoices, a certification from the Building Division as to the project's completeness, and a form for reimbursement. No grants will be awarded for parking businesses. , " Itr. ROANOKE Parking Lot/Landscaping Grant Application Enterprise Zone Two To: Enterprise Zone Administrator As a part o'f the Enterprise Zone Two program, the EDA will provide a grant of up to one third of investment in parking lot paving and landscaping, capped at $25,000 per grant. Date: ______________________ Printed name of legal owner(s): ________________________________________________ S i gnat u re of leg al ow n e r( s): ___________________________________________________ Contact telephone n u m be rs: __________________________________________________ Ap P I i cant: _________________________________________________________~__________ Applicant contact phone number: _____________________________________________ St reet ad d re s s of b u i I din g: ______________________..:_____________________________ Tax Parcel Number of property upon which the building is located: _____________ Description of proposed improvements (attach additional page(s) for information as needed): Estimated cost of improvements: ________________________________________ Estimated completion date: _____________________________ I have attached the following: Photographs of the existing lot Scaled Drawings List of materials . I understand I will need to submit the following documents when the project is completed in order to receive the grant: construction contract and/or receipts documenting investment in parking lot and landscaping, photograph of completed project, and such other documents as the EDA or City may request, such as Certificate of Final Inspection. I understand the Economic Development Authority and the City of Roanoke must approve this application before work begins on the project or I may not be eligible for this grant. Please return this application, as well as a photograph of the lot to be improved, to the Office of Economic Development, 117 Church Avenue, Roanoke, VA 24011. Call 540/853-5405 for more information. Date Rec'd: _______EDA Approval: _______Completion: _______Check # & Date: _______Grant Date: ________ of" < ~. ROANOKE Parking Lot/Landscaping Grant Request for Payment To: Enterprise Zone Administrator I am requesting payment for my pre-approved parking lot/landscaping grant Date: ______________________ Printed name of legal owner(s): ________________________________________________ Signature of legal owner(s): ______________...:____________________________________ Contact telephone n u m be rs: __________________________________________________ Ap P I i can t: ____________________________________________________________________ Applicant contact phone number: _____________________________________________ Street add ress of bui Id i ng: ____________________________________________________ Tax Parcel Number of property upon which the building is located: _____________ Attached are copies of all receipts for the work, pictures of the finished lot, and c:ertification from the Building Division the work has been completed. rJ1 ~ ~ ~ .~ Cj .~ 0) ~ ~0 o ~ N .~ ..... 0)] rJ1 .~ .~ \\J ~Cl::: fr~ E~ ~ ~ ~~ cd ~ .~ ~ ~ ~ .~ ~ bl)~ ~ .~ > ...... en S ,.-.. en Q) '€ Q) 0.. o l-< 0.. - ro Q) l-< ] en Q) en en Q) ~ ..... en ::l .n '-"' en 15 ro u ..... - 0.. 0.. ro - ~ >. - - ro ~ ro '1:j Q) [) ...... en '8 's ] '1:j ~ ro l-< ro Q) >. 1a ""8 Q) - ro u Q) .;:; ~ o '1:j Q) en ro .n en ..... ~ Q) .2: ~ 15 2 Q) Q) U en ~ ..... ..... l-< '1:j e- Q) Q) "FnQ :.:::: Q) Q) ~ .;:; ro l-< ~ <-S:E ...... 8 .~ '-g '1:j U Q) ~~ ..... 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() Il) E ;:l <Zl <1.l .D >.. tIl 8 ""0 <1.l '1:1 .... tIl ~ tIl <Zl ~ o C ~ ~~ . ~ 0)- -0) (j).E o.(/) (j).E 0. o.~e lfl o.~eLl) 0=0.- o=o.~ o '(3 - '0 0 '(3 - '0 ~ o_~men ~~meno 0'-'-....... os....'-.......E OOOlcCOOOlc~ .- CO>ON cO>o ~ g>.>..s == ~ g>.>..s C o:o~ (/)'E- o:o~ en 0 --ro (1) --ro (1)= 0.'5 :J > Ll) 0.'5 :J > = :::> .0 O".!:: ~ :::> .0 O".!:: E . . - c: CI) E - en CI) > c: >> t:: CI) Q. e 0.._ -c: lU lU CI) ~ ~C) JJ.~ Matter was laid on the table for action at the July 6, 2009 Council meeting. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA A RESOLUTION authorizing the proper City officials to make boundary amendments to the City's Enterprise Zone Two and its Subzone A that will add certain areas to them; authorizing the City Manager to apply to the Virginia Department of Housing and Community Development (VDHCD) for approval of such boundary amendments; and authorizing the City Manager to take such further action as may be necessary to obtain and implement such boundary amendments. WHEREAS, there are certain areas currently located outside the current Enterprise Zone Two and its Subzone A that are contiguous to them that are not currently a part of such Zone areas, but that can be added to them and that will benefit from the designation ofthose additional areas as part ofthe current Enterprise Zone Two and its Subzone A, as set forth in a letter from the City Manager to Council dated June 15,2009; WHEREAS, the Virginia Enterprise Zone Grant Act of 2005, as amended, authorizes the amendment of an existing Enterprise Zone to add areas to such Zone and its noncontiguous Subzones, thereby making qualified business firnls within such an area eligible for Enterprise Zone benefits; WHEREAS, the addition of certain areas of the City as part of the City's Enterprise Zone Two and its Subzorie A , as set forth above, has a potential to stimulate significant private sector investment within the City in areas where such business and industrial growth could result in much needed growth and revitalization; WHEREAS, this Council, acting in its capacity as the governing body of the City of R-Enterprise Zone Amendments-Zone Two-2009,doc I Roanoke, has held a public hearing on the above mentioned proposed boundary amendments, at which public hearing citizens and parties in interest were afforded an opportunity to be heard on such proposed boundary amendments to Enterprise Zone Two and its Subzone A. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: I. The City of Roanoke is hereby applying for amendments to the City's Enterprise Zone Two and its Subzone A, which amendments will add additional areas which are currently outside such Zone areas. Such boundary amendments are more fully shown on the map attached to the City Manager's, letter to Council dated June 15,2009, and more fully described in such letter. 2. The City Manager is hereby authorized to apply, on behalf ofthe City, to the VDHCD for the above mentioned boundary amendments to the City's existing Enterprise Zone Two and its Subzone A pursuant to the applicable provisions of the Virginia Enterprise Zone Grant Act, as amended, which boundary amendments will add to them certain areas, all as more fully set forth in the above mentioned letter. 3. Council hereby certifies that it held a held a public hearing as required by the Virginia Enterprise Zone Grant Act Regulations. 4. The City Manager is authorized to submit to the VDHCD all information necessary for the application for the boundary amendments to the City's Enterprise Zone Two and its Subzone A for the Department's review and consideration and to take such further action as may be necessary to meet other program requirements or to establish the boundary amendments as set forth above. The City Clerk is authorized to execute and attest any documents that may be necessary or required for the application or for the provision of such information. Such authority shall continue throughout the life of Zone Two and any of its Subzones. R-Enterprise Zone Amendments-Zone Two-2009,doc 2 5. Local incentives applicable for Enterprise Zone Two and its Subzone A shall also be applicable for any new areas covered by such approved boundary amendments. 6. Any such approved boundary amendments will be retroactive to the date as provided by such approval from the VDHCD. ATTEST: City Clerk. R-Enterprise Zone Amendments-Zone Two-2009,doc 3 The Roanoke Times Roanoke, Virginia Affidavit of Publication ~ ,,, The Roanoke Times -- - - - - - - -- - - - - - - - - - -- - -- - -- - - - - - - - - - - - - - - - - - - - - - - -+- -- -- - - -- - - -- - - - - - ---.. -- OFFICE OF ECONOMIC DEVELOPMENT 117 CHRUCH AVE ROANOKE VA 24011 REFERENCE: 80084300 11441525 Notice of PH Enter State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this ___~~day of JUNE 2009. Witness my hand and official seal. _~ \.Go My~;r;~xpir Notary rUbtic (Q'~ -\ . ------------- - PUBLISHED ON: OS/29 06/05 \\\,11111'", "'~I "" LA" 'I, ...... .., I"' r~" ........ ~() ........ ....~##.. ~ ~..~O\I>-~'{ ". -:. E ~ ,'. ?\.l6\.\C ... ic : - CO . 090930.- -' #7 .- = ~ : ~t:.G, O!'!'I"S\Ot-\ : <: - '7' . COW,I" ;;> t - - ~ :. \>JI'I ~\?- _\., ~ : ... . t:. .!:::i.. -=- ~ ". ..' {$' ~ , 'A_ '. .' (. ~ ... "" ''7~ '" . . . . . ~, ...... '" VNWEAL\\\ ..,'" "1 \\' 111/1111"\ TOTAL COST: FILED ON: 1,847.04 06/05/09 - -.. - -.... - - - -.. - - - - - - - - - - - - - - - - - -+-- , NOTICE OF PUBLIC i HEARING Notice is hereby given that the Council of the City of Roanoke will hold a public hearing on the mailers set forth below at its regular meeting to be held on Monday, June 15,2009, commencing at 7:00 p,m" local time, or 'as soon ,thereafter as the mailers maybe heard, in the Council Chambers, 4th Floor, in the Noel C, Taylor Municipal' Building, 215 Church Avenue, S.W" Roanoke, Virginia, Further information is available in the Office of the City Clerk, (540) 853.2541, or from Lindsay! , Hurt, Economic Development ' I Specialist, (540) 853,2715. . I'.. Pursuant to the provisions of the Virginia Enterprise Zone Grant Act, Sections ,59.1,538, et seq" Code of \ Virginia (1950), as amended. the City of Roanoke proposes to make an application to the Virginia Department of Housing and Community Development for the matters set forth below. A,T 0 a men d the boundaries of Enterprise/ Zone One A and its Subzone A by adding additional acreage as indicated below: 1,To add to the current Subzone A of Zone One A approximately 26 acres consisting of properties fronting on the west side of Franklin Road, SW, between and including the addresses of 3001 to 3137 aifd, including properties with tax" map numbers 1290136X! and 1290108, In addition; to add properties located' I along the eastern. side of , Franklin Road, SW, between . and including the addresses of 2406 to 2240 Franklin Road, SW, Other properties .i.n c Iud e d C'O n s i s t 0 f properties fronting on the east side of Franklin Road, I SW, between and including, ; the addresses of 2824 to 3~30",and!t ti'es I located at't iiW: cQrne." . 'SW;: .ana'Me reet with tax map numbers 1050105; 1050101, and 1050106, along with the property at 2525 Franklin Road, SW. This particular area is in the .center of several large renovations and new construction and would benefit from further encouragement to extend rehabilitation efforts along. , , '.. ._ ' Franklin Road, SW, The _--, property to be added is - ., E'!1.ed General Commercial. - - - - - - - - - O~ eJ I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I .'! -2.Toadinome current Zone One A approximately 8 a c res con s'i s tin g 0 f properties fronting on the south side of Mel.rose Avenue, NW; between and .including the .addresses of 4418 to 4516.and of 3804 to 4106,and including propertyat10427<<\.ams Street, NW. The extension would add additional commercial businesses I along Melrose that are on , the cusp of continuing , revitalization efforts. The I property to be added is zOnedoGe.neral Commercial .nd Nei~hborhood Commercial. 3.To add to the current Zone One A 6 acres consisting of properties fronting on the west side of 4th Street, NE, and which have tax map numbers 3014006, 3015006, and 3015008, Such parcels h.ave potential for redevelopment in the future. The property to be added is zoned for the downtown zoning district. , .4,To add to the current Zone One A 4 acres consisting of properties fronting on the north and south side of Church Avenue, I SW, and the north side of Luck Avenue which have tax map numbers 1012007, 1012006, 1012005, 1012004, 1012001, 10120 0 2.' 1,0 1:2 003 , 1012026, 1011911, 10'11 91 0, 10 11 9 0 9 , 11011906, 1011206, and 1113402. This small acreage will fill in two blocks downtown that are in need of renovation' and 1 investment and to allow for future renovation of 'a historically signif.icant I property within the City, 'The li~~ ~~ rl~ /~heed~~ ~ ~~~ ~ ~oning district. 5,To add to the current Zone One A 3 acres consisting of properties . , Billing Services Representative \... ~ ' f .Iocated along the south side' i of Cleveland Avenue, SW,I \ which have tax map' , numbers 1321215,1 I 13.21201, 1321214,1 : 1321301, 1321315! I 1321314,1321327,1 \ 1321317, 1321325, and I 1321313. As a potential for: I future development, these parcels may be eligible for enterprise zone Incentives and brownfield ~-. redevelopment incentives for such parcels. The property to be added is zoned Urban Flex.. : 8,T 0 a men d the ;. boundaries of Enterprise ! Zone Two and its Subzone A ; by adding additional acreage , r as indicated below: ' I 1,To add to the current I' Subzone A of Zone Two 180 . acres consisting of properties'fronting on 'both I sides of Coulter Road, NW, ; and fronting on Trapper I Circle, NW, The other additions consist of properties fronting on both I sides of Airport Road, NW, and which .have tax.map numbers 6630113, 6630114, 6620103, 6630102, 6630106, 6640101, .6640102, 6640122, 6640103, 6640123, 6640124, 6640105, 6640120, 6640106, 6640121, and 6640107, The properties to be added havea great opportunity for future redevelopment in the City, These proposed parcels present an opportunity for redevelopment of existing buildings and sites in the near future, The property to \ be added is zoned Airport use, General Commercial, and Institutional Planned. Unit Development.' ' 2,To add to the current I Zone Two ,approximately 19 acres consisting of properties located at the intersection of Orange I Avenue, NE, including King I Street, NE, and which have I tax map numbers 7090511, , 7090510, 7100704, 17100712, 7100714, 7100703, and 7100711. IThis would allow potential ,redevelopment in areas that have a chance of growth In property investment and job creation. The property to be added is zoned General i ~~~t~~.'cial and Lightl I 3.To'3dd to the current I Zone Two 9 acres consisting o( five properties fronting on I Ithe west side of Granby/' Street with tax map numbers; 7140103, 7140106, /7140126,7140124, andl 7140104 and two properties: ,fronting on the north side of \ I Orange Avenue, NE, with tax I map numbers 7130106 and! 7130109. This area would I close the commercial spaces I along Orange Avenue, NE, in Enterprise .Zone Two between Granby Street and I Daleton Road. The property to be added is zoned light, .Industrial and General! COI1l~_,_,_J -A-copy onhemap(s);-a1 list of Tax Map numbers of , the properties involved in the amendments referred to in items A (1'5) and 8 (1'3) above, and the local I 'incentives cu'rrently offered in Zon-e One A ana its Subzone A, and in Zone Two and 'its Subzone Aa're avai;lable tOJ public inspection In the City's Office of Economic, D'e'y~lopmehtt located at 117 Church Avenue, Roanoke, Virginia 24011, phone number 540'853,271'5, Please contact Lindsay Hurt at the above number if you want to see if a .specific piece of property Is involved in this matter. A copy of documents proposed En t e'rp r i s am e nd m en ,.;!i\I'\~d Enterpr.is,e",Z,on,e wo amendment, and the other matters referred to above, are on file and may be reviewed by the publiC in the Office of the City Clerk, Room 456, Noel C, Taylor Municipal'8uilding, 215 \ Church Avenue, S.W",' Roanoke, Virginia 24011 during business hours, ' All parties and interested citizens may appear on the above date and be heard on these matters. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at i (540) 853,2541, before I 12:00 noon on the Thursday \ before the date of the hearing listed above, GIVEN under my hand this 26th day of May, 2009, Stephanie M. Moon, CMC j , City Clerk ~ 1(1141'1525) L . ) ., )..... \ ..\ CIT"( CLERK 'GJ3 .J\J.\ OS PN02~25 ,. " i. , . ~, '~ \ '. \ .I.. / '.' pf' NOTICE OF PUBLIC HEARING Notice is hereby given that the Council of the City of Roanoke will hold a public hearing on the matters set forth below at its regular meeting to be held on Monday, June 15,2009, commencing at 7 :00 p.m., local time, or as soon thereafter as the matters may be heard, in the Council Chambers, 4th Floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Further information is available in the Office of the City Clerk, (540) 853-2541, or from Lindsay Hurt, Economic Development Specialist, (540) 853-2715. Pursuant to the provisions ofthe Virginia Enterprise Zone Grant Act, Sections 59.1-538, et ~, Code of Virginia (1950), as amended, the City of Roanoke proposes to make an application to the Virginia Department of Housing and Community Development for the matters set forth below. A. To amend the boundaries of Enterprise Zone One A and its Subzone A.by adding additional acreage as indicated below: 1. To add to the current Subzone A of Zone One A approximately 26 acres consisting of properties fronting on the west side of Franklin Road, SW, between and including the addresses of 3001 to 3137 and including properties with tax map numbers 1290136X and 1290108. In addition, to add properties located along the eastern side of Franklin Road, SW, between and including the addresses of2406 to 2240 Franklin Road, SW. Other properties included consist ofproperties fronting on the east side of Franklin Road, SW, between ,and including the addressesof 2824 to 3130, and the properties located at the southeast comer of Franklin Road, SW, and McClanahan Street with tax map numbers 1050105, 1050101, and 1050106, along with the property at 2525 Franklin Road, SW. This particular area is in the center of several large renovations and new constmction and would benefit from further encouragement to extend rehabilitation efforts along Franklin Road, SW. The property to be added is zoned General Commercial. 2. To add to the current Zone One A approximately 8 acres consisting of properties fronting on the south side of Melrose Avenue, NW, between and including the addresses of 4418 to 4516 and of 3804 to 4106 and including property at 1042 Adams Street, NW. The extension would add additional commercial businesses along Melrose that are on the cusp of continuing revitalization efforts. The property to be added is zoned General Commercial and Neighborhood Commercial. <I 3. To add to the current Zone One A 6 acres consisting of properties fronting on the west side of 4th Street, NE, and which have tax map numbers 3014006, 3015006, and 3015008. Such parcels have potential for redevelopment in the future. The property to be added is zoned for the downtown zoning district. 4. To add to the current Zone One A 4 acres consisting of properties fronting on the north and south side of Church Avenue, SW,and the north side of Luck Avenue 1 which have tax map numbers 1012007, 1012006, 1012005, 1012004, 1012001, 1012002,1012003,1012026,1011911,1011910, 1011909, 1011906, 1011206,and 1113402. This small acreage will fill in two blocks downtown that are in need of renovation and investment and to allow for future renovation of a historically significant property within the City. The property to be added is zoned for the downtown zoning district. 5. To add to the current Zone One A 3 acres consisting of properties located along the south side of Cleveland Avenue, SW, which have tax map numbers 1321215, 1321201,1321214,1321301,1321315,1321314, 1321327, 1321317, 1321325, and 1321313. As a potential for future development, these parcels may be eligible for enterprise zone incentives and brownfield redevelopment incentives for such parcels. The property to be added is zoned Urban Flex. B. To amend the boundaries of Enterprise Zone Two and its Subzone A by adding additional acreage as indicated below: I. To add to the current Subzone A of Zone Two 180 acres consisting of properties fronting on both sides of Coulter Road, NW, and fronting on Trapper Circle, NW. The other additions consist of properties fronting on both sides of Airport Road, NW, and which have tax map numbers 6630113,6630114,6620103,6630102,6630106, 6640101, 6640102, 6640122, 6640103, 6640123, 6640124, 6640105, 6640120, 6640106, 6640121, and 6640107. The propeliies to be added have a great opportunity for future redevelopment in the City. These proposed parcels present an opportunity for redevelopment of existing buildings and sites in the near future. The property to be added is zoned Airport use, General Commercial, and Institutional Planned Unit Development. 2. To add to the current Zone Two approximately 19 acres consisting of properties located at the intersection of Orange Avenue, NE, including King Street, NE, and which have tax map numbers 7090511, 7090510, 7100704, 7100712, 7100714, 7100703, and 7100711. This would allow potential redevelopment in areas that have a chance of growth in property investment and job creation. The property to be added is zoned General Commercial and Light Industrial. 3. To add to the current Zone Two 9 acres consisting offive properties fronting on the west side of Granby Street with tax map numbers 7140103, 7140106, 7140126, 7140124, and 7140104 and two properties fronting on the north side of Orange Avenue, NE, with tax map numbers 7130106 and 7130109. This area would close the commercial spaces along Orange Avenue, NE, in Enterprise Zone Two between Granby Street and Daleton Road. The property to be added is zoned Light Industrial and General Commercial. 2 A copy of the map(s), a list of Tax Map numbers of the properties involved in the amendments referred to in items A (1-5) and B (1-3) above, and the local incentives currently offered in Zone One A and its Subzone A, and in Zone Two and its Subzone A are available for public inspection in the City's Office of Economic Development, located at 117 Church Avenue, Roanoke, Virginia 24011, phone number 540-853-2715. Please contact Lindsay Hurt at the above number if you want to see if a specific piece of property is involved in this matter. A copy ofJ!1ap(s) and other documents describing the proposed area of the Enterprise Zone One A amendment and the Enterprise Zone Two amendment, and the other matters referred to above, are on file and may be reviewed by the public in the Office ofthe City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia 24011 during business hours. All parties and interested citizens may appear on the above date and be heard on these matters. 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 the Thursday before the date of the hearing listed above. GIVEN under my hand this 26tihJ1ay of May ,2009. " Stephanie M. Moon, CMC City Clerk 3 Note to Publisher: Publish in the Roanoke Times on Friday, May 29 and Friday, June 5, 2009. Send Publisher's Affidavit Stephanie M. Moon, CMC, City Clerk 456 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Send Bill to: Lindsay Hurt Economic Development Specialist Office of Economic Development City of Roanoke 117 Church Avenue, S.W. Roanoke, VA 24011 540-853-2715 4 ~ ~ Poe& Cronk REAL ESTATE GROUP 10 South Jefferson Street Suite 1200 Roanoke, Virginia 24011 June 15,2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Approval of Enterprise Zone One A and its Subzone A and Enterprise Zone Two and its Subzone A Amendment Applications On behalf of the owners of the following properties and in accordance with the Enterprise Zone Amendment Applications being considered, I respectfully request that the following tax parcels be considered for addition to Enterprise Zone Two along the Rt. 460 East corridor. These parcels are located adjacent to current or proposed additions to Enterprise Zone Two. We are confident the inclusion of these properties into Enterprise Zone Two will help encourage new construction and job creation for these properties. The parcels are identified as follows: 1. Tax #: 7090408 Owner: VIAMAC, Inc. Zoning: CG( c) Acreage: 2.18 Ac 2. Tax #: 7090406 Owner: Hurley, Carson Enterprises Zoning: 1-1 Acreage: 0.92 Ac 3. Tax #: 7110122 Owner: VIAMAC, Inc. Zoning: CG(c) Acreage: 3.13 Ac 4. Tax #: 7110106 Owner: Gish, Evelyn Keister Zoning: CG Acreage: 2.0 Ac The total acreage of all proposed parcels combined is8 .23 Acres. .' Honorable Mayor and Members of City Council June 15,2009 Page 2 Thank you for your time and consideration in this matter. Sincerely, ;f~ f H-~ Matthew R. Huff Attachments Cc: VIAMAC, Inc. Hurley, Carson Enterprises Gish, Evelyn Keister /' ; I: flit \. ' . \, \ " L , !i ! l , / ./ ... ".,,/ t .I ..f" .$- ~'ti-M ",S' :~::~i:'~>,~" '^"" > ~~~- '/'71""~'7 ~~, <'___, " i'"./" o-~~ .J" ',.,' ~~~~~"-~,~ /., ~" > "",. ),.'" , , 'i=: ", " \\t(:2:r;r:~, N f~S~<8 '~~~':""' L.i;'~\e';2~~~" ' ;;;~~~'~~~~\I~'~t '., '-, ',~""i.., _ ~"'; 5' 'i/'1~),..-- \'::""G) V!~:6~k~, ,\;~\\ \, "","'" " b, \"'~\\V<~'\/"" ,". 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City ofRo~noke - GIS http://gis.roanokeva.gov/rptDetail.cfin?mapno=7090408%20%20%20% . - Print Report I Full Detail Report I Close Window Property Information Card for: VIAMAC INC 6115 STRATFORD WAY ROANOKE VA 24018 PARCEL INFORMATION Tax Number 7090408 Property Address ORANGE AV NE Legal Description TRACT 1 2,18 ACRES VINYARD lAND Deed Reference 070012163 Deed Reference 2 0000002814 Prev, Sale Date 02/2312000 Prevo Sale Price 320000 Sale Date 08102/2007 Sale Price $0,00 Owner V1AMAC INC Address 6115 STRATFORD WAY ROANOKE VA 24018 Property Acres Overlay Zoning Property Frontage Property Avg, Depth Property Area Basement Area Land Assessment Improvements Total 2,1791 NlA 379 Feet 250 Feet 94.925 NlA $570,600,00 $0,00 $570,600,00 DISCLAIMER: The information contained on this page is NOT to be construed or used as a "legal description," Map information is. believed to be accurate but accuracy is not guaranteed, Any errors or omissions should be reported to the City of Roanoke Engineering Department. In no event will the City of Roanoke be liable for any damages, including loss of data, lost profits, business interruption, loss of business information or other pecuniary loss that might arise from the use of this map or the information it contains, 10fl 6/12/2009 3:42 pr Gity of Rdfinoke - GIS http://gis.roanokeva.gov/rptDetail.cfin?mapno=7090406%20%20%20% . DlmmII2iII Print Report I Full Detail Report I Close Window Property Information Card for: HURLEY CARSON ENTERPRISES 2945 ORANGE AVE NE ROANOKE VA 24012 PARCEL INFORMATION Tax Number 7090406 Property Address 2945 ORANGE AV NE legal Description 0,923 'v1NYARD lAND Deed Reference 0153901217 Deed Reference 2 0151501211 Prev, Sale Date 03/13/1985 Prevo Sale Price Sale Date . Sale Price Owner Address 140000 06/12/1986 $200,000,00 HURLEY CARSON ENTERPRISES 2945 ORANGE AVE NE ROANOKE VA 24012 Property Acres Overlav ZoninQ Property Frontage Property Avg, Depth Property Mea Basement Area Land Assessment Improvements Total 0,9237 N!A 100 Feet 400 Feet 40,239 NlA $106.900.00 $185,600,00 $292,500,00 DISCLAIMER: The infonnation contained on this page is NOT to be construed or used as a "legal description," Map information is believed to be accurate but accuracy is not guaranteed, Any errors or omissions should be reported to the City of Roanoke Engineering Department. In no event will the City of Roanoke be liable for any damages. including loss of data, lost profits. business interruption. loss of business information or other pecuniary loss that might arise from the use of this map or the information it contains, ' 1 of 1 6/12/20093:41 PlI 9t)' of Rqimoke - GIS http://gis.roanokeva.gov/rptDetail.cfin?mapno=71l0122%20%20%20%. ~ Print Report I Full Detail Report I Close Window Property Information Card for: VIAMAC INC 5041 A BENOIS RD ROANOKE VA 24014 lparcel 31 PARCEL INFORMATION Tax Number 7110122 Property Address 3659 ORANGE AV NE Legal Description NEW TRACT B GLADE CREEK Deed Reference 070008765 Deed Reference 2 030018065 Prev, Saie Date 09/0812003 Prevo Sale Price 600000 Sale Date 06/05/2007 Sale Price $0.00 Owner V1AMl1C INC Address 5041 A BENOiS RD ROANOKE VA 24014 Property Acres Overlay ZOninQ Property Frontage Property Avg, Depth Property Area Basement Area land Assessment Improvements Total 3.1320 NlA 300 Feet 539 Feet 136.429 1.281 $783,100,00 $68.400,00 $851,500,00 DISCLAIMER: The information contained on this page is NOT to be construed or used as a "legal description," Map information is believed to be accurate but accuracy is not guaranteed, Any errors or omissions should be reported to the City of Roanoke Engineering Department. In no event will the City of Roanoke be liable for any damages, including loss of data, lost profits, business interruption, loss of business information or other pecuniary loss that might arise from the use of this map or the information it contains, 10fl 6/12/20093:37 Pt\ Ci.ty ofRo~noke - GIS http://gis.roanokeva.gov/rptDetail.cfin?mapno=711 0106%20%20%20%.. Hi.!1mlIIIDI Print Report I Full Detail Report I Close Window Property Information Card for: GISH EVELYN KEISTER 2405 E RURITAN RD ROANOKE VA 24012-6915 IParcel 41 PARCEL INFORMATION Tax Number 7110106 Property Address 3675 ORANGE AV NE Legal Description NEW TRACT A GLADE CREEK Deed Reference NI A Deed Reference 2 NlA Prev, Sale Date NlA Prevo Sale Price Sale Date Sale Price Owner Address NlA NiA NIA 'GISH EVELYN KEISTER 2405 E RURITAN RD ROANOKE VA 24012-6915 Property Acres Overlav Zonil1Q Property Frontage Property Avg, Depth Property Area Basement Area Land Assessment Improvements Total 2,0079 NlA 100 Feet 586 Feet 87,469 995 $206,300,00 $91,600,00 $297,900.00 DISCLAIMER: The information contained on this page is NOT to be construed or used as a "legal description," Map information is believed to be accurate but accuracy is not guaranteed, Any errors or omissions should be reported to the City of Roanoke Engineering Department. In no event will the City of Roanoke be liable for any damages, including loss of data, lost profits, business interruption, loss of business information or other pecuniary loss that might arise from the use of this map or the information it contains, lofl 6/12/20093:36 Pl\ 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 T, WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk June 16, 2009 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am a~taching copy of Ordinance No. 38500-061509 amending Article XV, Short-Term Rental Tax, Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended, in order to continue the short-term rental tax and provide for a tax rate on certain short-term rentals of heavy equipment. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 2009, and is in full force and effect July 1,2009. Sincerely, ~m.lY]bmJ Stephanie M. Moon, CMd City Clerk SM M :ew Attachment Darlene L. Bu rcham June 16, 2009 Page 2 pc: The Honorable Brenda S. Hamilton, Clerk of Circuit Court The Honorable Sherman A. Holland, Commissioner of the Revenue Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32316 (electronic version) Ronald S. Albright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court , Raymond F. Leven, Office of the Magistrate Lora A. Wilson, Law Librarian Susan S. Lower, Director, Real Estate Valuation Cecelia T. Webb, Assistant Deputy City Clerk 1>:( IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of June, 2009. No. 38500-061509. AN ORDINANCE amending Article XV; Short-Term Rental Tax, of Chapter 32, Taxation, Code ofthe City of Roanoke (1979), in order to conform it with changes in the Code of Virginia that are effective July 1, 2009; providing for an effective date; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Chapter 32, Taxation, Article XV, Short-Term Rental Tax, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Article XV Short-Term Rental Tax Sec. 32-300. Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: Affiliated. }.,ny common ovmership interest, in excess of five (5) percent, of any officers or partners in comm-on '.villi the lessor and lessee.For purposes of determining 11/hether a person is engaged in the short-term rental business as defined in this section (i) a person is "a.ffiliated" with the lessee of rental property if such person is an (~fjicer, director, partner, member, shareholder, parent or subsidiary of the lessee, or if such person and the lessee have any common ownership interest in excess of five percent (5%), (ii) any rental to a person affiliated with the lessee shall be treated as rental receipts but shall not qual~fy for pwposes of the eighty percent (80%) requirement of paragraph 1 of the definition of "short-term rental business" or the sixty percent (60%) requirement of paragraph 2 of the definition of "short-term rental business ", and (iii) any rental of personal property which also involves the provision of personal services for the operation of the person.a property rented shall not be treated as' gross receipts ji-om rental. provided however that the delive1Jl and installation of tangible personal property shall not mean operation for the ptuposes of this section. K;\Measures\Code Amendment Chapter 32 Taxation short term rental tax,doc 1 Certificate of registration. A' certificate issued by the commissioner of the revenue to persons engaged in the short-term rental business in the city who make application for such certificate pursuant to section 32-303. Daily rental property. }JI tmlgible personal property held for rental and o"vned by a ~1gagea-in the short term rental business, as defi,ne&-HH:ftffi-s€€-tfe.B--;-e-X:€-ept-t-FaileFs as---tleHflOO~4" 1 00, Coclc of Virginia,.afld-et-B~aRgible pefSel'1frl~repeFty required to be licensed or registered '.yith the department of motor vehicles, the department of game and inlmld fisheries or the department of aviation. Gross proceeds. The total amount charged, inc1ue:l-ffi..g-penalties, late c--fla:Fges--er interest;-te ea~h person for the rental of daily rental propelty from a short term rental business with a valid certificato of registrr.tion, excluding ml}' state and local sales taxes paid pursuant to Chapter 6 of Title 58.1, Code o:fVirginia. Gross proceeds is the taxable basis for the daily rental tax.The total amount charged to each person for the rental of short-term rental property, excluding any state and local sales tax paid under the provisions of ,~58.1-600, et. seq. , Code of Virginia. The imposition and collection of a shor:t-term rental property tax with respect to rental property shall be in lieu of taxation of such rental property as tangible business personal property in the same tax year. Gross rental receipts. All proceeds from rentals during the calendar year, except that proceeds from rental of personal property which also involves the provision of personal services for the operation of the personal property rented shall not be treated as gross receipts from rental. For purposes of this section, the delivery and installation of tangible personal property shall not mean operation. Short-term rental business. Any--p€fSen cngageti--iR----the--s-heft-term-r-ental--(}f'--dai-ly-rental property as defined in this section if not less than eighty (80) percent of the gross rental receipts of such business in any year are from transactions involving rental periods of ~W)---eeHse~s-;-iftC-fHtiffig-aU-eK4e:a-sf6fts--f:tftfi.-Fooewals-t-e-tlte ~--e~rson affiliate~s-ser,--aHf.l:.-pFtTVffied,-----tl.-ntt---arty-r-eB.t-a.J.-t-e-a person affiliated v.ith the lessor shall be treated as rental receipts but shall not qualify for purposes of the eighty (80) percent requirement. A person is engaged in the short-term rental business if 1. Not less than eighty percent (80%) of the gross rental receipts of such business during the preceding year arose from transactions involving the rental of short.:. term rental properZv, other than hemy equipment property as defined in this section. for periods of ninety-two (92) consecutive days or less, including all extensions and rene1vals to the same person or a person affiliated with the lessee; or 2. Not le\ss than si..'{~y percent (60%) of the gross rental receipts of such business during the preceding year arosefrom transactions involving the rental of heavy equipment property for periods of 270 consecutive da:vs or less, including all extensions' and renewals to the same person or a person affiliated with the lessee. For the, purposes of this section, "heavy equipment property" means rental ptoperty (~l an indusrry that is described under code 532412 or 532490 of the 2002 North American IndustlJl K:\Measures\Code Amendment Chapter 32 Taxation short term rental tax.doc 2 Classification Systenl as published by the United States Census Bureau, excluding office furniture, office eqz,dpment, and programmable computer equipnlent and peripherals as defined in ~~ 58.1-3503 A 16, Code of Virginia. Any person who grosses less than four thousand dollars ($4,000.00) in any year in short-term rental receipts from such business shall not be deemed to be engaged in the short-term rental business for purposes of this article. Short-term rental property. _All tangible personal property held for rental and mimed by a person engaged in the short-term rental business as defined in this section, excluding (i) trailers as defined in S46.2-100, Code of Virginia, and (i'i) other tangible personal property required to be licensed or registered with the Departrnent of Motor Vehicles, Department of Game and Inland Fisheries, or Department of Aviation. Sec. 32-301. Levy and rate of short-term rental tax. Pursuant to section 58.1 351 G-J:58.1-3510. 6, Code of Virginia, and in addition to all other taxes of every kind now or hereinafter imposed by law, the city hereby levies and imposes on every person engaged in, the short-term rental business a tax of one percent (1 %) for those businesses defined in paragraph 1 of the definition of "short-term rental business", and a tax (?f one and one-halfpercent (l %%) as those defined in paragraph 2 of such definition, on the gross proceeds, as defined in section 32-300 of this article, of such business. Such tax shall be in addition to the tax levied pursuant to section 58.1-605, Code of Virginia. Sec. 32-301.1. Certificates of registration. (a) A person who has not previously been engaged in the short-term rental business who applies for a cert(ficate of registration pursuant to Sec. 32-303 of this Article shall be eligible for registration upon his certification that he anticipates meeting the requirements of the definition (~la "person engaged in the ;Cshort-term rental business", designated by the applicant at the time of application, during the year for which registration is sought. (b) In the event that the commissioner of the revenue makes a written determination that a rental business previously certified as short-term rental business pursuant to Sec. 32- 303 of this Article has failed to meet either of the tests set forth in the definition of a "person engaged in the ;Cshort-term rental business ", during a preceding tax year, such business shall lose its certification as a short-term rental business and shall be subject to the bu.siness personal property tax 'rvith respect to all rental property for the tax year in .which such certification is lost and any subsequent tax years until such time as the rental business obtains recert(fication pursuant to Sec. 32-303 of this article. In the event that a rental business loses its certification as a short-term rental business pursuant to this subsection, such business shall not be required to refund to customers dai~y rental property taxes previousZv collected in good faith and shall not be subject to assessment for business personal property taxes with respect to rental property for tax years- preceding the year in which the certification is lost unless the commissioner makes a lvritten determination that the business obtained its certification by knowingZv !naking materially false statements in its application, in which case the commissioner may assess K:\Measures\Code Amendment Chapter 32 Taxation short term rental tax.doc 3 the taxpayer the amount of the dffference between short-term rental property taxes remitted b:v such business during the period in which the taxpayer '>l'rongfully held certification and the business personal property taxes that would have been due during such period but for the certification obtained b.v the making of the materially false statements. Any such assessment. and any determination not to certify or to decertify a rental business as a short-term rental business as defined in this subsection, may be appealed pursuant to the procedures and requirements set forth in ,~'58.1-3983.1. Code of Virginia, for appeals of local business taxes, which shall apply mutatis mutandis to such assessments and certification decisions. (c) A rental business that has been decertified pursuant to the provisions of subsection (b) ahove shall be eligible for recertification for a subsequent tax year upon a showing that it has met one of the tests provided in the definition of "a person engaged in the short-term rental business ,. for at least ten (10) months of operations during the present tax year. Sec. 32-302. Exemptions from short-term rental tax. (a) No tax hereunder shall be collected or payable on rentals to the Commonwealth of Virginia, to any political subdivision of the Commonwealth, or to the United States. (b) No tax hereunder shall be collected or payable for any rental of durable medical equipment as defined in subdivision ?:.10 of section 58.1-609 .f! 0, Code of Virginia. (c) All rentals exempt from the Virginia Sales and Use Tax pursuant to Chapter 6 of Title 58.1, Code of Virginia, shall be exempt from this short-term rental tax. (d) All exemptions from this tax claimed by short-term rental businesses at the time of payment of collected taxes shall be proved by filing of appropriate documentation as directed by the commissioner of the revenue and are subject to verification by the commissioner at any time. Sec. 32-303. Short-term rental business application for certificate of registration. Every person engaging in the business of short-term rental, as defined in section 32-300, shall file an application for a certificate of registration with the commissioner of the revenue for each place of business in the city from which short-term rental business will be conducted by the applicant. Such application shall be filed within thirty (30) days of the beginning of a short-term rental business. The application shall be on a form prescribed by the commissioner of the revenue and shall contain: (a) The name under which the applicant intends to operate the rental business; (b) The location in the city from which the rental business will be conducted as well as the location of the rental business headquarters; (c) The total gross receipts from all business conducted at the business location during the preceding year, including the applicant's total gross rental receipts and the total receipts from short-term rental of dai-l-yshort-term rental property; (d) A list of all property owned or leased or licensed to the short-term rental business as of January 1 of the current use year for short-term rental with the name and address of the owner of such property; (e) The (ype of short-term rental business that the applicant is; (ej) Such other information as the commissioner may require; and K:\Measures\Code Amendment Chapter 32 Taxation short term rental tax,doc 4 (fg) An oathby the person making application or un officer, partner or dulyuuthorized ugent for such. applicunt-that it is in fact qualified for tax treatment as a short-term rental business, that is shall collect only those short-term rental taxes due under the law in -the time and manner prescribed by law, and that it shall remit all short-term rental taxes collected or due and owing to the city. Each applicant shall sign the application as owner of the rental business. If the rental business is owned by an association, partnership, limited liability company~ or corporation, the application shall be signed by a member, partner, executive officer, or other person spec~fically authorized by the association, partnership, limited liability company, or cOlporation to sign. Sec. 32-304. Issuance and effect of certificate of registration for short-term daily rental business. Upon approval of the application required by section 32-303 of this article by the commissioner of the revenue, a certificate of registration shall be issued for each location from which a short-term rental business is to be conducted or operated in the city by the applicant. The cmiifi.cate shuH be produced for inspection at the request of the commissioner of re~;enuc or the commissioner's s'v";orn deputies. The certificate shall be conspicuously displayed at all times at the place of business for which it is issued. The certificate is not assignable and shall be valid only for the person in whose name it is issued and the place of business designated. Sec. 32-305. Collection and record-keeping. (a) Every person engaged in the short-term rental business with a valid certificate of registration- from the commissioner of the revenue shall collect this short-term rental tax from the lessee of the 4ailyshort-term rental property at the time of the rental. (b) The person collecting this tax shall maintain a record of all rental transactions for which this tax is collected which record shall contain: (1) A description of the property rented; (2) The period of time for which the property was rented; (3) The name ofthe person to whom the property was rented; and (4) The amount charged for each rental, including all late charges, penalties and interest. ( c) Every person engaged in the short-term rental business shall maintain a complete record of all exemptions from payment of this tax granted to renters of €lfti.lyshort-term rental property, including, in addition to the information specified in subsection (b) of this section: (1) A copyofthe Virginia Department of Taxation tax-exemption certificate; or (2) A copy of the United States tax-exemption certificate, which certificate must specify that the renter is exempt from sales tax; or (3) Other explanation and proof of a claimed exemption. Sec. 32-306. Filing of quarterly tax returns and remittance of tax. (a) Each certified short-term rental business under the provisions ofthis article shall file a quarterly tax return with the commissioner of the revenue, indicating for the quarter just past: . (1) The total business gross receipts of the return filer; K:\Measures\Code Amendment Chapter 32 Taxation short term rental tax.doc 5 (2) The gross proceeds derived from the short-term rental business; (3) All rental gross proceeds claimed to be exempt from the short-term rental tax and documentation of each such claim; (4) The total daily rental tax due the city for the previous quarter's short-term rental business. (b ) :g~all be aCOOf'l3.~-by-payH'TeHt--e:f-t-h€--t-tt*:es--.Effie-ffi1fl.-e-wi'itb'--Bf collected by the certified, short term rental business. The quarterly return and payment of ~shall be filed with the commissioner of the revenue on or before the twentiothfffieenth day of each ofthe months of April, July, October and January, representing, respecti':ely, the gross proceeds and taxes collected during the preceding quariefs endin,g Murch 31, June 30, September 30 and December 31. 111e commissioner of the revenue shall assess the tax due, and the short-term rental business shall pay the tax so assessed to the treasu,rer not later than the last day of the month following the end of the calendar quarter. Sec. 32-307. Taxes held in trust for city. The taxes required to be collected under this article shall be deemed to be held in trust by the person required to collect such taxes until remitted as required in this article. Sec. 32-308. Penalties and interest--Failure to file return or pay overtaxes. If any person fails to file the returns required by this section or fails or refuses to remit to the comrriissioner of the revenue the tax collected and paid under this article at the time specified in this article, or who makes a false or fraudulent return with intent to evade the tax levied, or who makes a false claim for refund, shall be subject to the penalties and interest provided for in section 58.1-635, Code of Virginia, mutatis mutandis. The assessment of such penalty or interest shall not be deemed a defense to any criminal prosecution for failure to comply with any of the requirements of this article. Sec. 32-309. Uncertified renters prohibited from collecting tax. No person renting any property or services to any other person shall collect from the lessee the short-term rental tax authorized by this article unless he has a valid certificate of registration issued for the current year by the commissioner of the revenue. Any taxes collected in this manner not authorized by law shall be forfeited to the city. Sec. 32-310. Criminal penalties. Any person subject to the provisions of this article failing or refusing to file a return herein required to be made, or failing or refusing to file a supplemental return or other data required by the commissioner of the revenue, or who makes a false or fraudulent return with the intent to evade the tax hereby levied, or who makes a false or fraudulent claim for a refund, or who gives or knowingly receives a false or fraudulent exemption certificate, or who violates any other provision of this article, punishment for which is not otherwise herein provided, shall be guilty of a Class 1 misdemeanor. Conviction of a violation under this section shall not relieve any person from payment, collection or remittance of the tax provided for in this article. Sec. 32-311. Taxation of rental property th~t is not tlaH-yshort-term rental property. K:\Measures\Code Amendment Chapter 32 Taxation short term rental tax.doc 6 Except for daily rental passenger cars, rental property that is not dailyshort-term rental . property shall be classified for taxation pursuant to section 58.1-3503, Code of Virginia. Sec. 32-312. Collection of tax. The provisions of section 58.1-625, Code of Virginia, relating to the manner of collecting the local retail sales and use tax, shall apply mutatis mutandis to the collection of the short-term rental tax, except that the commissioner of the revenue shall assess the tax due, and the treasurer shall collect it, instead of the department of taxation. Sec. 32-313. Absorption of tax prohibited. No person shall advertise or hold out to the public, directly or indirectly, that he will absorb all or any part of the short-term rental tax, or that he will relieve the consumer or lessee of the payment of all or part of such tax, except as may be authorized under section 58.1-627 or 58.1-628, Code of Virginia. Any person who violates this section shall be guilty of a class 2 misdemeanor. Sec. 32-314. Phasing in provisions for 2009; That notwithstanding any other provision of law, any person engaged in the business of renting daily rental property as defined in the city code prior to .lu~v 1, 2009, who was collecting the daily rental property tax pursuant to S~58.1-3510.1, Code of Virginia on December 31, 2008, shall remain eligible to collect such tax from .lanuCliJ! 1, 2009, through and including Jime 30, 2009, 1-vithout regard to the requirement that at least eighty percent (80%) of such person's gross receipts arising from rentals be from rentals of ninety-two (92) days or less including all e.-r.tensions. 2. This ordinance shall take effect July 1, 2009. 3. Pursuant to the provisions of Section 12 ofthe City Charter, the second reading ofthis ordinance by title is dispensed with. ATTEST ~h). irjDdYlJ , CltYlc;lerk. K:\Measures\Code Amendment Chapter 32 Tax'ation short tenn rental tax.doc 7 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 June 15, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Short-Term Rental Tax Background: City Council was previously advised in a letter dated May 6, 2009, of amendments to the State Code enabling legislation, which authorizes localities to impose the short-term rental tax. A separate category for heavy equipment has been established which allows a tax rate of up to 1.5% to be imposed. The current short-term rental tax is 1 % for all qualifying rental property. In addition to other structural changes, the code change also revises the qualifying time period for the rental of heavy equipment from 92 days to 270 days. The State Code changes are effective July 1, 2009. As a result of the change in the code, some businesses that currently pay business personal property tax will transition to paying the short-term rental tax instead. The impact of the code change is expected to slightly reduce the taxes imposed upon some individual businesses while having a minimal revenue impact on the City. The Commissioner of the Revenue has advised that there may be additional administrative requirements for the City, but these costs are not significant. Considerations: City Code will need to be revised to comply with State Code revisions. Honorable Mayor and Members of City Council June 15, 2009 Page 2 Recommended Action: Following a public hearing, approve the attached ordinance amending City Code to comply with the recent amendments to the State Code with respect to the short term rental tax and implement a tax rate of 1.5% for. a new heavy equipment category. Respectfully submitted, Darlene L. Burcham City Manager DLB:acm c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman A. Holland, Commissioner of the Revenue R. Brian Townsend, Assistant City Manager for Community Development James Grigsby, Assistant City Manager for Operations Sherman M. Stovall, Director of Management and Budget CM09-00101 The Roanoke Times - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - -- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I The Roanoke Times Roanoke, Virginia Affidavit of publication OFFICE OF MANAGEMENT AND BUDGE 215 CHURCH AVENUE, W., S ROOM 354 ROANOKE VA 24011 REFERENCE: 80168435 11441690 PH Notice for Code A State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this __~~_day of JUN 009. Witness my hand and official seal. _ Notary Public PUBLISHED ON: 06/08 \\111'"'" . ,,\\\ ~DY A 1";,, ", ~~"""" .'--1" " ... ~'<,. . ^ . 'A_' ~ v.... JaTAR";',. '? "-:, ~ ",,--.. PUBlic '.~-: = ~ : REG . V' ~ - . ' ~, #709 . - M 09'- : C'): y C0fv7MIS0 30: *' = ;. ~ ". ~/PIRE. u/ON... ~ ,:;;,1'_. . 11'-'" ~-~ -.. .....'" ~....~ ",,,:P~ ........... 0~,' ", r-4LTH 0': \l\~ ,\'" I, r \\' 1//'"11\1\\ TOTAL COST: FILED ON: 199.68 06/08/09 r ~HOTlCE OJ PUBLIC HEA~ING Pursuant to the provisions of Section 58,1-3007, Code of Virginia (1950), as amended the Council of .the City of Roanoke will hold a public hearing on Monday, Jun'l I 15, 2009, at 7:00 p,m" Ii as soon thereafter as th, , matters may be heard in th: i Council Chamber iourtl I floor, in the Noel C: Taylo' , Municlpal,Building, 211 , Church Avenue, S.W.I Roa~oke, Virginia, tc_ consider amendments tc I Article XV, Short,Term Renta! Tax, of Chapter 32, Taxation' : of the' Code of the City of Roanoke (1979), as I amended, in order to conform it with changes in' State enabling legislation e!fective July 1, 2009. The; City proposes to continue thel short,term rental tax at a, rate of one percent (1%) of' gross receipts, and provide .for a tax rate of one and one-half percent (1 '12%) on certain short,term rentals of heavy equipment. , A .copy of ,the ordinance is available for review in the Office of the City Clerk Room 456, Noel C, Taylo; 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 I needs accommodations for ; these hearings, please , co~tact the City Clerk's ,I ,Office, at .853-2541,~ befoni' noon on the ThurSday 'I before the date of the hearing listed above, I' GIVEN under my hand this : 26th day of May, 2009. Stephanie M. Moon, CMC City Clerk, (11441690) , I, , l ~__:, f - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - -- Billing Services Representative -r~ ,- .:' ;=. -~ ~ '. -~ ~,. :r " ~~ NOTICE OF PUBLIC HEARING Pursuant to the provisions of Section 58.1-3007, Code of Virginia (1950), as amended, the Council of the City of Roanoke will hold a public hearing on Monday, June 15,2009, at 7:00 p.m., or as soon thereafter as the matters 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 amendments to Article XV, Short-Term Rental Tax, of Chapter 32, Taxation, ofthe Code ofthe City of Roanoke (1979), as amended, in order to conform it with changes in State enabling legislation effective July 1, 2009. The City proposes to continue the short-term rental tax at a rate of one percent (1 %) of gross receipts, and provide for a tax rate of one and one-half percent (1 Yz%) on certain short-term rentals of heavy equipment. A copy of the ordinance 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 these hearings, please contact the City Clerk's Office, at 853-2541, before noon on the Thursday before the date of the hearing listed above. GIVEN under my hand this26th day of May ,2009. Stephanie M. Moon, City Clerk. Please print in newspaper on Monday, June 8, 2009. PH Notice for ~ooe Amenoment ~h~nter 17 Shnrt term rpnt~l t~y 700Q o,.,r Notice to Publisher: Publish in the Roanoke Times on Monday, June 8, 2009. Send affidavit to: Stephanie M. Moon, CMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 Send bill to: Lesha VanBuren Office of Management and Budget 215 Church Avenue, S. W., Room 354 Roanoke, Virginia 24011 540-853-6800 PH Notice for Code Amendment Chapter 32 Short term rental tax 2009.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 STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk June 16, 2009 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 38501-061 509 authorizing execution of a deed of reservation for City-owned property designated as Tax Map Numbers 1221301 and 1221406 to reserve easements on the parcels to allow the placement of certain trail improvements and to construct, operate, and maintain a flood channel in connection with the Roanoke River Flood Reduction Project, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 2009, and is in full force and effect upon its passage. Sincerely, ~hJ.~ Stephanie M. Moon, CMC City Clerk SMM:ew Attach ment pc: Liz Belcher, Greenway Coordinator, Roanoke Commission, 1206 Kessler Mill Road, Salem, Virginia William M. Hackworth, City Attorney Robert K. Bengtson, PE, Director, Public Works Philip C. Schirmer, PE, LS, City Engineer Valley 24153 Greenway ()9-c IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of June, 2009. No. 38501-061509. AN ORDINANCE authorizing execution ofa deed'ofreservation for City-owned property designated as Tax Map Numbers 1221301 and 1221406 to reserve easements on the parcels to allow the placement of certain trail improvements and to construct, operate, and maintain a flood channel in connection with the Roanoke River Flood Reduction Project, upon certain terms and conditions; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held June 15, 2009, pursuant to SS 15.2-1800 (B) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on the proposed deed ofreservation. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, the necessary documents to record a deed of reservation for City- owned property designated as Tax Map Numbers 1221301 and 1221406 to reserve easements on the parcels to allow the placement of certain trail improvements and to construct, operate, and maintain a flood channel in connection with the Roanoke River Flood Reduction Project, upon the terms and conditions set forth in the City Manager's letter to Council dated June 15, 2009. 2. Pursuant to Section 12 of the City Charter, the second reading oftms ordinance by title is hereby dispensed with. , ATTEST: . ." . ~. 6Y10\lYV City! c;~~ri(, . C K:\David\Counci1 W ork\O-Deed of Reservation- W asena Park-HannahColll"t 06-15-09 ,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 June 15, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Deed of Reservation on Tax Map Nos.1221301 and 1221406for construction of greenway pedestrian bridge from Wasena Park to the Hannah Court parcels Background: The City and u.S. Army Corps of Engineers (USACE) are preparing documents for a July invitation to bid for the construction of a greenway pedestrian bridge from Wasena Park to Hannah Court. As part of the Local Cooperation Agreement with the u.S. Army Corps of Engineers, the City must reserve easements on the above referenced City owned parcels to allow the placement of certain trail improvements and allow for ingress/egress to the construction site. Considerations: The Deed of Reservation for the Roanoke River Flood Reduction will limit the use of approximately 0.5977 acres of land out of a total 2.3247 acres on tax map parcel #1221301, and approximately 1.0658 acres of land out of total 13.3904 acres on tax map parcel #1221406, in perpetuity. Honorable Mayor and Members of City Council June 15, 2009 Page 2 The Deed of Reservation will be substantially similar to the draft Deed attached to this letter, which Deed is to be approved as to form by the City Attorney. Recommended Action: Authorize the City Manager to execute and record, and the City Clerk to attest, respectively, on behalf of the City of Roanoke, a Deed of Reservation substantially similar to the one attached to this letter, and any documentation required by the USACE and to take further action and execute such other docu'ments as may be necessary for USACE approval of the flood reduction project, with such documents to be approved as to form by the City Attorney. Respectfully submitted, DLB/LEP/lmb Attachments c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Robert K. Bengtson, PE, Director of Public Works Philip C. Schirmer, PE, LS, City Engineer CM09-00 104 Exemption claimed: Grantor and Grantee are exempted from recordation taxes and fees pursuant to SS58.1-811A(3), (C)(3) and (C)(4), Code of Virginia. Prepared by the Office of City Attorney Official Tax Nos. 1221301 and 1221406 THIS DEED OF RESERVATION, is entered into this _ day of , 2009, by the CITY OF ROANOKE, VIRGINIA, a municipal corporation organized and existing under the laws ofthe Commonwealth of Virginia ("City"), and "Grantor", on behalf of itself WIT N E SSE T H: WHEREAS, the City is currently the owner of certain property located in the City of Roanoke and sl)own on the easement plats referenced below; and WHEREAS, the City desires to reserve an easement for a flood control channel and/or flood protection levee across the property. NOW, THEREFORE, the City does hereby reserve unto itself its successors and assigns, the following described right and easement to-wit: A perpetual RIGHT and EASEMENT to construct, install, improve, operate, inspect, use maintain, and repair or replace a flood control channel and/or flood protection levee or similar structure, together with all appurtenant structures thereto and channel improvement works thereon, including without limitation the right: 1. To clear, cut, fell, remove and dispose of any and all timber, trees, underbrush, buildings, improvements and/or other obstructions there from; 2. To enter onto the hereinafter described easement area with personnel, vehicles and equipment; 3. To excavate, dredge, make bench cuts upon, cut away, and remove any or all land within said easement, and to place thereon dredge or spoil material; 4. To use from the easement area earth, rock, sand, gravel, and any other material for the construction, maintenance and repair of embankments and appurtenant structures; 5. To make all necessary earth fills; 6. To relocate any existing drainage pipes or structures currently within the easement area being granted, to the Grantor's land outside ofthis easement area; 7. To construct, maintain, repair operate, and replace any flood control walls, levees or similar structures including any and all appurtenances and related improvements; 8. To construct, maintain, operate, inspect and repair or replace a drainage system and related improvements including slope(s), if applicable; 9. To grade and slope the easement area; and 10. For such other purposes as may be necessary in connection with said flood control purposes; upon, over, under and across a portion ofthat certain real property of Grantor lying and being in the City of Roanoke, Virginia, described collectively as (the "Property") and more particularly described as follows, to-wit: Tax Mlp N:>. 1221301 A I L.l.J VAll CN ~ art ai ni ng 0.5977 acres, rnnre or I ess, as rnnre par t i cui ar I y shoNl 0I"l a pi at ent i t I ed, "REmke R ver R cxxf F€duct i 0I"l A" q oct SuN ng A N:MJR3ser vat i 0I"l Easenmt ~ t he a t y of REmke Ff om t he at y of REmke" preJEred by Lul1$den Pssoci at es, PC, dat ed June 3, 2009, recorded in t he a erks' Ofi ce of t he a rcui t ChJrt fort he a t y of REmke i n Mlp Elri< 1, page , i ncor JD" at ed by r a er en:e crd rnocJe a par t her eat , ard Tax Mlp N:>. 1221406 A I L.l.J VAll CN ~ art ai ni ng 1.0658 acr es, rnnr e or I ess, as rnnr e par t i cui ar I y shoNl 0I"l a pi at ent i t I ed, "REmke R ver R cxxf F€duct i 0I"l A" q oct SuN ng A N:MJ R3ser vat i 0I"l Easenmt by t he a t y of REmke Ff ant he a t y of REmke" pr eJEr ed by Lul1$den Pssoci at es, P. C, dat ed June 3, 2009, recorded i n t he a erks' Of ice of t he a rcui t ChJrt for t he a t y of REmke i n Mlp Elri< 1, page , i ncor JD" at ~ by r a er en:e and rnocJe a par t . The United States Army Corps of Engineers, and that Grantor and/or its agents shall have the right to inspect the easement herein granted and to cut, clear, and remove all undergrowth, obstructions, or improvements lying within, upon, or adjacent to said easement, that in any way endanger or interfere with the proper use ofthe same. The Grantor covenants that no building, structure, pavement or sidewalks, fence, trees and shrubbery, or other improvements of any kind whatsoever shall be erected upon or within the easement herein granted or placed in such location as to render said easement inaccessible, with the exception of a pedestrian bridge and other greenway improvements constructed in accordance with the plans for the Roanoke River Flood Reduction Project and agreed to by the US Army Corp of Engineers. The Grantor acknowledges that the plans for the Roanoke River Flood Reduction Project (the "Project") as they affect the Property have been fully explained to Grantor or Grantor's authorized representative. The Grantor acknowledges that no representations have been made regarding the scope offlood reduction that the Property will enjoy as a result of 3 the Project, and said reduction in flooding shall in no way constitute consideration for this grant of easement. The easement herein granted is in addition to, and not in lieu of, any easement or right of way now in existence or which may be acquired in the future. Grantor agrees that nothing herein shall be deemed to constitute a waiver or modification of sovereign immunity or other similar protection enjoyed by Grantor. The Grantor hereby represents and warrants to the best of Gran tor's knowledge that: (1). There are no abandoned wells, agricultural drainage wells, solid waste disposal areas or underground storage tanks located in or about the property; (2) There is and has been no hazardous waste stored, generated, treated, transported, installed, dumped, handled or placed in or about the Property; (3) At no time have any federal or state hazardous waste cleanup funds been expended with respect to any of the Property; (4) There has never been any solid waste disposal site or underground storage tank located in, on or about the Property, nor has there been any release from any underground storage tank on real property contiguous to the property which has resulted in any hazardous substance coming in contact with the Property. (5) The Grantor has not received any directive, citation, notice, letter or other communication, whether written or real, from the Environmental Protection Agency, the Virginia Department of Environmental Quality, any other governmental; agency with authority under any Environmental Laws or any other person or entity regarding the release, disposal, discharge or presence of any hazardous waste on'the Property, or any violation of any Environmental Laws; and (6) To the best of Grantor's knowledge, neither the Property nor any real property contiguous to the Property nor any predecessors in title to the Property are in violation of or subject to any existing, pending or threatened investigation or inquiry by any governmental authority or to any removal or remedial obligations under any Environmental Laws. The grant and provisions of this Deed of Reservation shall constitute a covenant running with the land for the benefit of the Grantor, its successors and assigns forever. 4 To have and to hold unto the Grantor, its succyssors and assigns forever. Approval ofthis instrument as to form by the Office of the Roanoke City Attorney, along with the recordation of this instrument constitutes Grantors's acceptance of the real estate conveyed herein. WITNESS the following signatures and seals: CITY OF ROANOKE VIRGINIA ATTEST: By: (SEAL) Darlene L. Burcham, City Manager Stephanie M. Moon, CMC COMMONWEALTH OF VIRGINIA s S To-wit: CITY OF ROANOKE s The foregoing instrument was acknowledged before me this _day of ,2009 by Darlene L. Burcham, City Manager ofthe City of Roanoke, for and on behalf of the City. My Commission expires: Notary Public C:\DOCUME-l\CMJBl\LOCALS-I\TEMP\NOTESFFF692\R 6.15.09 DEED OF RESERVATION R~ER-HANNAH WASENA BRIDGE.DOC I'<<X)':JdN3OSl'101@"OVW 'l1VW'3 5>>6-'= liltS) :XV~ lltrtLL lotS) '3NOHd YINIDlIIA '3)lONYOll SH3NNY1d-SHOA3AlIOS-sH33NIDN3 'J'd 'S3.L VIJOSSV N30SWfi1 '81Ott V1NCllIt\ '3lION'fOlI 699Oi: XOB 'O'd MS ~nNMV NOl318lWlIlI t99t ~ ~ ~ I! ~ ~~ ~~ ~U I ~~IQ.. 1:li ~ ! ~'1i ~ ~ iil., i "- '-........ ~~..~~ ~ .~" ~ .~. ~~l!slilg !;l ~-:z:" "__ Y/i1fi).' ........ '''__. Q~' --- ~ ,I w~1 ~h Ii =h~~B~i ~~ ~ ~~=&!I:j=sll i ~~~ ~i I~; ~~ ir ;~ tt i ~I u~ e l!s - !il~ ~.. ~fQ~~ r:::~ l!s ~Cl ~ d:! 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OM-POl UIilWIilSeliJ-Q- 1-101 Jl-Olli.W80\Ol "l511\ Jns\ L lOgO \ 900l\ SI:lU!M IJP\:M , The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times - --- -- -- ---- - -- - - - - - - -- - -- - - - -- -- -- - - - - - - - - - - - - -- -+-- - -- - - - -- CITY OF ROANOKE, ENGINEERING 215 CHURCH AVE RM 350 ROANOKE VA 24011 REFERENCE: 80022630 11452838 NOTICE OF PUBLIC HEA State of Virginia City of Roanoke I, (the undersigned) an authorized representative o~ the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates:.( .... City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this ___~~day of JUNE 2009. Witness my hand and official seal. ___Jrt- ____~~\r.~ ~~_ Notary ~ublic MY-~~~~=____1-~~l:l _' \\\1111111" ",,\ 0'< A I A"", ......' ~~. . . .. .. ~ JA _ '... ~ <Q~.." NOTAR't~'.:~"-:;, :: : PUBLIC '. "'t- ~ = * : REG. #70909~0 ': * = ~ C"':. MY COMMISSiO~~ j E -;. ~.'. JEIRE1:) : :"l:" - ..~. :;s I .~:: .... ~ ... '($- :: """ '/fI11/,..........~~ ...' ""I cALTH Ot """, 11"111""" PUBLISHED ON: 06/05 TOTAL COST: FILED ON: 255.84 06/05/09 I I I I I I I I I I I I I I I I I i I I I I I I I I I I I I I I I I I I I I I I I I I NOTICE Of PUBLIC HEARING 1'1/>: I' ,'The City of Roanoke. proposes to place a deed of reservation on City owned ,property designated as Official Tax Map Nos. 1221301 and 1221406 to reserve easements on the parcels to allow the placement of certain trail improvements and to construct, operate. and maintain a flood channel In connection with the Roanoke, j River Flood Reduction , Project. .,Such deed of \ reservation shall include the right to: cut and remove timber. excavate and make bench cuts upon such land, make necessary earth fills, construct a drainage system and relocate drainage pipes, . grade and slope such land. allow for Ingress and egress to the construction site of the greenway pedestrian bridge to be constructed from Wasena Park to the site of the former Hannah jcourt mobile home park. and to perform such other actions as may be necessary in connection with the Roanoke River Flood Reduction Project. Pursuant to the requirements of ~15,2-1800(B) and ~1813, Code of Virginia (1950). as amended, notice is hereby , given that the City Council of ' the City of Roanoke will hold a public hearing on the above mailer at its regular meeting to be held on June' , 15, 2009, commencing at 7:00 p.m., or as soon. thereafter as the mailer may be heard, in the Council I Chainbers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, SoW., Roanoke. Virginia. F,urther information is available from the Office of the City Clerk for the City of Roanoke at (540) 853-2541, Citizens shall have the opportunity to be heard and exp'ress their opinions on said mailer. 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 June 11, 2009. GIVEN under my hand this 1st day of June, 2009. Stephanie M, Moon, CMC City Clerk. , (11452838) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + - - - - - - - - - - -j Authorized 0 ...J-- Signature'~~l____ Billing Services Representative 0)2. C--. NOTICE OF PUBLIC HEARING The City of Roanoke proposes to place a deed of reservation on City owned property designated as Official Tax Map Nos. 1221301 and 1221406 to reserve easements on the parcels to allow the placement of certain trail improvements and to construct, operate, and maintain a flood channel in connection with the Roanoke River Flood Reduction Project. Such deed of reservation shall include the right to: cut and remove timber, excavate and make bench cuts upon such land, make necessary earth fills, construct a drainage system and relocate drainage pipes, grade and slope such land, allow for ingress and egress to the construction site of the greenway pedestrian bridge to be constructed from Wasena Park to the site of the former Hannah Court mobile home park, and to perform such other actions as may be necessary in connection with the Roanoke River Flood Reduction Project. Pursuant to the requirements of S15.2-1800(B) and S1813, 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 June 15, 2009, commencing at 7:00 p,m., or as soon thereafter as the matter may be heard, in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Further information is available from the Office of the City Clerk for the City of Roanoke at (540) 853-2541. ' Citizens shall have the opportunity to be heard and express their opinions on said matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on June 11, 2009. GIVEN under my hand this 1st day of June ,2009. Stephanie M, Moon, CMC City Clerk. K: \David\Council W ork\PH -Deed of Reservation- W asenaPark -HannahCourt.doc Notice to Publisher: Publish in the Roanoke Times on Friday, June 5, 2009, Send affidavit to: Stephanie M. Moon, CMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 Send Bill to: Rebecca Starnes Construction Cost Technician 215 Church Avenue, S, W" Room 350 Roanoke, Virginia 24011 (540) 853-2731