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HomeMy WebLinkAboutCouncil Actions 07-20-09 38516-072009 LEA ROANOKE CITY COUNCIL REGULAR SESSION JULY 20, 2009 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order--RolI Call. Council Member Trinkle was absent. The Invocation was delivered by Elder Joyce Boisseau, Guiding Star Church of God in Christ. 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, July 23 at 7:00 p.m., and Saturday, July 25 at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE 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. 1 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 FOU,R 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. PRESENTATIONS AND ACKNOWLEDGEMENTS: Introduction of Legacy International Indonesian Students. Presented Honorary Citizenship Certificates and City "logo" pens. A Resolution commending the Virginia Gentlemen Barbershop Harmony Chorus of Roanoke for being awarded first place in its AAA Chorus Category at the recent Southern Division Chorus competition in Reston, Virginia. Adopted Resolution No. 38516-072009. (6-0) Recognition of Drew Dunsmore, Aide to Senator John Warner. 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. 2 Robert Gravely, 3360 Hershberger Road, N. W., spoke about poverty in the City. Helen E. Davis, 35 Patton Avenue, N. E., spoke about closing of schools in the northwest section of the City. Ben Motley, President, Board of Directors Downtown Roanoke, Inc., commended the Council on support of the City Market Building. Joyce Waugh, Executive Director, Roanoke Regional Chamber of Commerce, expressed appreciation to the Council for support of the City Market Building and proposed amphitheater in Elmwood Park. Douglas Waters, Interior President, Downtown Roanoke, Inc., spoke in support of the amphitheater in Elmwood Park. Evelyn Bethel, 35 Patton Avenue, N. E., urged the Council to delay approval of action on Washington Park improvements until all facts are known; and asked that documents be released pertaining to all meetings relating to the Washington Park Committee, which was established by the City Manager. 4. CONSENT AGENDA (APPROVED 6-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 Minutes of the March 26, 2009 continued recessed meeting of Council held on Saturday, April 4, 2009; regular meetings of Council held on Monday, April 6, 2009, and Monday, April 20, 2009; and the April 20, 2009 recessed meeting held on April 30, 2009. RECOMMENDED ACTION: Dispensed with the reading ofthe minutes and approved as recorded. C-2 A communication from Mayor David A. Bowers requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C-3 2008 Annual Report of the Economic Development Authority. RECOMMENDED ACTION: Received and filed. 3 C-4 Reports of qualification of the following: Sandra K. Brunk as a member of the Roanoke Arts Commission for a term of three years ending June 30, 2012; George F. Taylor as a member of the Board of Trustees, City of Roanoke Pension Plan, for a term of four years ending June 30, 2013; and Jason E. Bingham, Mae G. Huff, and Todd A. Putney as Trustees of the Roanoke City School Board for terms of three years, each, commencing July 1, 2009 and ending June 30, 2012. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: NONE. 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: a. CITY MANAGER: BRIEFINGS: . Stormwater Utility 30 minutes . Status of Carvins Cove Conservation Easement 10 minutes (Briefings held in the EOC Conference Room, Room 159 at the end of the 2:00 p.m. session.) ITEMS RECOMMENDED FOR ACTION: 1. Acceptance and appropriation of the Certified Local Government Grant funds from the Virginia Department of Historic Resources. Adopted Resolution No'. 38519-072009 and Budget Ordinance No. 38520- 072009. (6-0) 2. Acceptance and appropriation of grant funds from the Fireman's Fund Insurance Company. Adopted Resolution No. 38521-072009 and Budget Ordinance No. 38522- 072009. (6-0) 4 3. Acceptance and appropriation of the American Recovery and Investment Act of 2009 Grant funds through Edward Byrne Memorial Justice Assistance Grant (JAG) Program administered by the Bureau of Justice Assistance, Office of Justice Programs. Adopted Resolution No. 38523-072009 and Budget Ordinance No. 38524- 072009. (6-0) 4. Acceptance and appropriation of the Summer Food Program Grant funds from the United States Department of Agriculture, Food and Nutrition Services. Adopted Resolution No. 38525-072009 and Budget Ordinance No. 38526- 072009. (6-0) 5. Acceptance and appropriation of grant funds from the Office of Emergency Medical Services and the Department of Homeland Sec,urity. Adopted Resolution No. 38527-072009 and Budget Ordinance No. 38528- 072009. (6-0) 6. Acceptance and appropriation of the Rescue Squad Assistance Fund Grant from the Virginia Department of Health and the Office of Emergency Medical Services. Adopted Resolution No. 38529-072009 (5-0, Council Member Mason was not present when the vote was recorded); and Budget Ordinance No. 38530- 072009. (6-0) 7. Acceptance and appropriation of the Local Government Challenge Grant funds from the Commonwealth of Virginia Commission for the Arts. Adopted Resolution No. 38531-072009 (5-0, Council Member Rosen was not present when the vote was recorded); and Budget Ordinance No. 38532- 072009. (6-0) 8. Acceptance and appropriation of the Safe Routes to School Grant funds from the Virginia Department of Transportation. Adopted Resolution No. 38533-072009 and Budget Ordinance No. 38534- 072009. (6-0) 9. Adoption of a resolution permitting the City of Roanoke to participate in a Roanoke Valley Regional Family Violence Fatality Review Team. Adopted Resolution No. 38535-072009. (6-0) 10. Approval of the Capital Improvement Program for Fiscal Year 2010-2014; and appropriation and transfer of funds. Adopted Resolution No. 38536-072009 as amended (4-2, Council Member Mason and Mayor Bowers voting no); and Budget Ordinance No. 38537- 072009. (5-1, Council Member Mason voting no.)) 5 11. Appropriation of the Juvenile Justice and Delinquency Prevention Grant Program funds from the Department of Criminal Justice Services. Adopted Resolution No. 38538-072009 (6-0) and Budget Ordinance No. 38539- 072009. (5-0, Council Member Price was not present when the vote was recorded) 12. Transfer of funds in connection with the Franklin Road Bridge Rehabilitation Project. Adopted Budget Ordinance No. 38540-072009. (5-0, Council Member Price was not present when the vote was recorded.) 13. Transfer of Virginia Department of Transportation unused enhancement funds from the Hotel Dumas and Lick Run Greenway projects to the Roanoke River Greenway - Tinker Creek Pedestrian Bridge project. Tabled until a future meeting date. 14. Amendment to the Roanoke River Greenway Project Agreement with the Virginia Department of Transportation; and appropriation of funds. Adopted Resolution No. 38541-072009 and Budget Ordinance No. 38542- 072009. (6-0) 15. Execution of a Memorandum of Agreement between the City of Roanoke and Roanoke County for shared use of land owned by the United States Veterans' Administration. Adopted Ordinance No. 38543-072009. (6-0) 16. Execution of additional amendments of the City's contract with Cunningham + Quill Architects, PLLC, in connection with the City Market Building Design Services. Adopted Resolution No. 38544-072009. (6-0) COMMENTS BY CITY MANAGER. Announced that nine action items adopted by the Council were related to stimulus and grant monies; several elementary schools were located in the inner-city community; bids to be advertised for safe routes to schools; and the reserve ambulance in the Crystal Spring area was to be replaced. b. DIRECTOR OF FINANCE: 1 . Authorization for application of Qualified Zone Academy Bonds (QZAB) for roofing projects at Fallon Park Elementary School, Round Hill Primary School, Morningside Elementary School and Wasena Elementary School. Adopted Resolution No. 38545-072009. (6-0) 8. REPORTS OF COMMITTEES: NONE. 6 9. UNFINISHED BUSINESS: I a. Consideration of approval of the Riverland Road improvements; and un-appropriate funding. (Matter was tabled at the July 6 Council Meeting.) Adopted Resolution No. 38546-072009 (6-0); and Budget Ordinance No. 38547-072009 (5-1, Mayor Bowers voting no.) 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 11. MOTIONS AND MISCELLANEOUS BUSINESS: a. . Inquiries and/or comments by the Mayor and Members of City Council. Council Member Mason inquired about requirements for development and redevelopment property. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. . AT 4:45 P.M., THE COUNCIL MEETING WAS DECLARED IN RECESS AND RECONVENED AT 5:05 P.M., IN THE EOC CONFERENCE ROOM, ROOM 159, FOR BRIEFINGS ON STORM WATER UTILITY AND STATUS OF CARVINS COVE CONSERVATION EASEMENT, MAYOR BOWERS PRESIDING, AND ALL MEMBERS IN ATTENDANCE, WITH THE EXCEPTION OF VICE-MAYOR LEA. AT 6:05 P.M., THE COUNCIL MEETING WAS DECLARED IN RECESS FOR CLOSED MEETING. AT 6:23 P.M., THE COUNCIL MEETING RECONVENED IN ROOM 159, MAYOR BOWERS PRESIDING, AND ALL MEMBERS OF COUNCIL IN ATTENDANCE, WITH THE EXCEPTION VICE-MAYOR LEA. , CERTIFiCATION OF CLOSED MEETING. (5-0) Appointed Thomas L.McKeon as a member of the Roanoke Arts Commission to fill the unexpired term of Kris Pedelty ending June 30, 2010. Appointed Marlene M. Preston as a member of the Roanoke Public Library B.oard for a term ending June 30, 2012.' The City Clerk was instructed to advertise the vacancy on the City Planning Commission. created by the resignation of Richard Rife for a term ending December 31,2012. '< 7 ROANOKE CITY COUNCIL REGULAR SESSION JULY 20, 2009 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order--RolI Call. Council Member Trinkle was absent. 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, July 23 at 7:00 p.m., and Saturday, July 25 at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. " A. PRESENTATIONS AND ACTS OF ACKNOWLEDGEMENTS: A Resolution memorializing former Vice-Mayor and Council Member David K. Lisk. Adopted Resolution No. 38517-072009. (6-0) A Resolution paying tribute to the Patrick Henry High School Soccer Team. Adopted Resolution No. 38518-072009. (6-0) 8 Recognition for Outstanding Preservation/Renovation Projects by the Architectural Review Board. Barbara Botkin, Chair, Architectural Review Board, presented preservation excellence awards in recognition of noteworthy individuals and projects. B. PUBLIC HEARINGS: 1. Proposal of the City of Roanoke to convey City-owned property to Jacqueline C. Williams, being a lot on Gilmer Avenue, N. E., adjacent to property located at 57 Gilmer Avenue, N. E. Darlene L. Burcham, City Manager. Adopted Ordinance No. 38548-072009. (6-0) 2. Request of Central Baptist Church to rezone property located between Barrington Drive and Hershberger Road, N. W., from R-7, Residential Single Family District, to INPUD, Institutional Planned Unit Development District, for the purpose of developing a place of worship and child-day care center; and to permanently vacate, discontinue and close a 0.151 acre portion of Barrington Drive, N. W. Maryellen F. Goodlatte, Esquire, Spokesperson. Adopted Ordinance No. 38549-072009. (6-0); and Ordinance No. 38550-072009. (5-0) (During discussion, Council Member Mason left the meeting.) , 3. Request of Labor Finders of Virginia, Inc., to rezone property located at '2.707 Williamson Road, N. E., from MX, Mixed Use District, to CG, Commercial General District, subject to certain proffered conditions. Maxwell H. Wiegard, Esquire, Spokesperson. Adopted Ordinance No. 38551-072009. (5-0) 4. . Request of C. C. Williams Memorial Park, Inc., to rezone property located on Panorama Avenue, N. W., from RM-1, Residential Mixed Density District, to ROS, Recreation and Open Space District, for installation of a fence along the western portion property line. Melvin L. Hill, Attorney, Spokesperson. Adopted Ordinance No. 38552-072009. (5-0) 5. Request of the City of Roanoke Planning Commission to amend Vision 2001-2020, the City's Comprehensive Plan, to delete the current Old Southwest Neighborhood Plan dated January 21,2003, and to include the Old Southwest Plan dated June 18,2009, identifying several priority initiatives as well as recommendations with regard to various policies and actions. Christopher L. Chittum, Agent. Adopted Ordinance No. 38553-072009. (5-0) 6. Request of the City of Roanoke Planning Commission to amend Chapter 36.2, Zonina, Code of the City of Roanoke (1979), as amended, for the purpose of conforming the City's Zoning Ordinance to State Code provisions relating to nonconforming structures and uses that have been damaged or destroyed under certain circumstances. Christopher L. ; Chittum, Agent. Adopted Ordinance No. 38554-072009. (5-0) 9 7. Request of Northwest Child Development Center, Inc., for tax exemption on real property located at 1523 Melrose Avenue, N. W. Darlene L. Burcham, City Manager. Adopted Ordinance No. 38555-072009. (5-0) 8. Proposal of theCity of Roanoke to lease approximately 1394.42 square feet of City-owned property located in the Roanoke City Market Building to Tavern On The Market, LLC, to be used as a food court business, on a month to month basis, beginning August 1, 2009, not to exceed one year. Darlene L. Burcham,~City Manager. Adopted Ordinance No. 38556-072009. (5-0) 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. The following individuals spoke in support of a proposal for the Inner City Athletic Association being allowed to be identified as a "~tand Alone" recreation club: Kiann Trent, Jerome Stephens , Sandra Stephens , George Riles, Paul Moyer, Joe Howell, Howard Highlander, Isaac Jones, Michelle Epps, Thomas Tate, Charles Barlow, and Johnny Taylor. Dina Michelle Wiggins, 1006 Crescent Street, N. W., spoke about corruption in City government. Adjourn. 9:12 p.m. 10 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 Council Members M. Rupert Cutler Sherman P. Lea Gwen W. Mason Anita 1. Price Court G. Rosen David B. Trinkle DAVID A. BOWERS Mayor July 17, 2009 11-. The Honorable Mayor and Members of the Roanoke City Council , Roanoke, Virginia Dear Mayor Bowers and Members of Council: This is to advise you that I will not be present at the 2:00 p.m. or 7:00 p.m. session of Council on Monday, July 20,2009. Best wishes for a successful meeting. Council Member Ism K:\Council.09\Trinkle\Absentdoc ( ( I) ~.~, tiE -, ,~ . .. .. ....~ . . .... ., ,.,., - ":" ~.. 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 CECELIA T. WEBB Assistant Deputy City Cleric July 22, 2009 Elder Joyce Boisseau Guiding Star Church of God in Christ 804 Madison Avenue N. W. Roanoke, Virginia 24016 Dear Elder Boisseau: On behalf of the Mayor and Members of the Roanoke City Council, I would like to express sincere appreciation to you for delivering the Invocation at the regular meeting of the Roanoke City Council, which was held on Monday, July 20, 2009. Sincerely, A~ 111. :.:JOf>V Stephanie M. Moon, CMC . City Clerk SMM:aa ~ ~t. ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of July, 2009. No. 38516-072009. A RESOLUTION commending the Virginia Gentlemen Barbershop Harmony Chorus. WHEREAS, the Virginia Gentlemen Barbershop Harmony Chorus was founded in Roanoke in 1969 and has been in continuous operation as one of the community's leading performing arts groups since that time; WHEREAS, the Virginia Gentlemen chorus and quartets made up of members of the chorus have provided unique vocal musical entertainment at many locations and events in the Roanoke Valley, including the annual lighting of the community Christmas tree in downtown Roanoke; WHEREAS, the Virginia Gentlemen chorus provides significant public service to the community by giving scholarship awards to promising area high school students, promoting vocal music through a Youth in Harmony Program, offering Christmas music programs with its Holiday Chorus, and entertaining at nursing homes and civic events; WHEREAS, the Virginia Gentlemen chorus is a member of the international society of barbershop choruses, the Barbershop Harmony Society, legally named the Society for the Preservation and Encouragement of Barber Shop Quartet Singing in America, Inc., which was founded in 1938, has some 30,000 members, and is headquartered in Nashville, Tennessee; and WHEREAS, at the recent Southern Division chorus competition III Reston, Virginia, the Virginia Gentlemen chorus was awarded first place in its AAA chorus category, besting competing choruses from Arlington, Charlottesville, Norfolk, Richmond, and the District of Columbia. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Council does hereby commend the Virginia Gentlemen barbershop chorus on its achievement and acknowledge the past and continuing contributions of the chorus to the civic life of Roanoke over its forty years of service to the Roanoke Valley. ATTEST: City Clerk. " CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.W, SUITE 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 DAVID A. BOWERS Mayor July 20, 2009 The Honorable Vice-Mayor and Members o.f the Roanoke City Council Roanoke, Virginia Dear Members of Council: This is to request a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. Sincerely, David A. Bowers Mayor DAB:ctw Annual Report As of July 1, 2009 The Economic Development Authority of the City of Roanoke, Virginia To: The Members of Council of the City of Roanoke, Virginia Name and Organization: The Economic Development Authority of the City of Roanoke, Virginia was organized pursuant to ordinance adopted by the City Council October 21, 1968. It has I been in continuous operation and has assisted the City's economic development efforts in meeting to approve of small issue manufacturing and 501(c)(3) industrial development revenue bond financings. Membership: There are seven members of the EDA which are appointed by Council for 4 year terms. As of the date of filing of this report the membership, officers and terms of the directors are as follows: I " Name Charles E. Hunter, III . A. Damon Williams Linda Davis Frith Chris D. Berry Dennis R. Cronk F. Gordon Hancock S. Deborah Oyler Office Chairman Vice-Chairman Secretary/Treasurer Expiration of Term October 20,2012 October 20,2011 October 20,2009 October 20, 2009 October 20,2010 October 20,2011 October 20, 2009 Staffing: . The EDA uses the City of Roanoke Economic Development Division's staff and works in close conjunction with the DIrector of Economic Development. The EDA meets at 8:00 in the morning the third Wednesday of every month. The meetings are held at 8:00 a.m. at the City of Roanoke, Division of Economic Development, 117 Church Avenue, Roanoke, Virginia. Since the fiscal year ended June 30, 2008, the EDA held 10 meetings; its . average attendance was 5.5, the attendance of the various members was as follows: Page 2 Directors 07/16/08 08/20/08 10/15/08 11/19/08 12/03/08 01/21/09 03/18/09 04/15/09 05/04/09 06/17/09 Cronk Present Present Present Present Present Present Present Present Absent Present Frith Absent Present Present Present Present Present Present Absent Present Absent Hancock Present Present Present Present Present Present Present Present Present Present Hunter, III Present Present Present Present Present Present Present Present Present Present Oy1er** Absent Absent Absent Present Present Absent Absent Absent --- --- Revercomb* Absent --- --- --- --- --- --- --- --- --- Williams Present Present Present Present Present Present Present Present Present Absent Berry* --- --- Present Present Present Present Present Present Present Present *Mr. Revercomb resigned his term of office in July, 2008 and was replaced by Mr. Berry in October, 2008. ** Ms. Oyler resigned her term of office in April, 2009 and is being replaced by Ms. Vickie Bibee who has not begun her term. The EDA's Activities since the end of the Fiscal Year (June 30,2008): .- Approved the funding of 14 fayade grants totaling almost $240,000 as follows: Ground Zero Development, LLC, for t."'Ie building located at 701 Patterson Ave. in the amount of$17,332; RTDD Properties, LLC for the building located at 10 Campbell Avenue, S.E. in the amount of$18,438; Karma Guys, LLC for the building located at 30 Campbell Avenue, S.W. in the amount of$14,952; 551 Marshall Avenue, LLC for the building located at 551 Marshall Avenue in the amount of $7,165; Goodwill Industries of the Valleys, Inc. for the building located at 2502 Melrose Avenue in the amount of $25,000; Bella Vita Holdings, LLC for the building located at 301 6th Street in the amount of$19,255; . RTDD Properties, LLC for the building located at 9 Salem Avenue, S.B. in the amount of $20,077.99; Market Street Partners, LLC for the building located at 10 Market Street, S.B. in the amount of $18,971.44; Market Street Partners, LLC for the building located at 102 Salem Avenue, S. B. in the amount of $25,000; I. P. Properties, LLC for the building located at 303 Jefferson Street in the amount of$l1,OOO; Johnstone Supply for the building located at 2026 Salem Avenue, S.W in the amount of $8,600; - Page 3 112, LLC for the building located at 419 Salem Avenue, S.W. in the amount of$4,166.67; Fairlawn at Jefferson, LLC for the building located at 415 South Jefferson Street in the amount of $25,000; . Interactive Achievement for the building located at 601 Campbell Avenue in the amount of$25,000; . Approved an Economic Development Grant to the Art Museum of Western Virginia in the amount of $50,000; · Approved a grant to Interactive Achievement to fund research with Virginia Tech Business Technology in the amount of$3,000; · -j\pproved a $3,000 commitment to support a $15,000 loan from First Citizens Bank & Trust Company, to be structured either as a guaranty of the loan or as a collateralized account; · Approved two extensions of the deadlines in the Performance Agreement . between the City and IMD Investment Group, LLC; J . · Approved a Parking Lot and Landscaping Grant for Virginia Transformer Corp., for the parking lot and landscaping adjacent to the building located at 220 Glade View Drive in the amount of$25,000; · Approved an .expenditure of $25,000 of EDA funds in support of the ongoing and continuing parking lot expansion of Foot Levelers, Inc; · Approved an amepdment to the Performance Agreement between the EDA and Westport Axle Corporation which reduced the jobs goal to 40 and provided for the repayment of the EDA's grant under certain circumstances; · Approved a $4,000 grant to EQ Leader for the payment of the Business Technology Center at Virginia Tech's marketing research fee; · Approved a $30,000 grant to the Roanoke Regional Chamber of Commerce's Roanoke Regional Small Business Development Cente~; and, · Received regular briefings on economic activities from the Economic Development Division of the City of Roanoke. The EDA looks. forward to continuing its close partnership in economic development with the City of Roanoke and stands ready to work as a full economic development partner with other members of the City's team. Respectfully submitted. Date: ~ 1; d-fl'prz C. E. Hunter, III, Chairman 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 CECELIA T. WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk July 22, 2009 Susan Jennings Public Arts Coordinator Roanoke, Virginia 24015 Dear Ms. Jennings: This is to advise you that Sandra K. Brunk has qualified as a member of the Roanoke Arts Commission for a three-year term ending June 30, 2012. Sincerely, ~ /'n. '10cW Stephanie M. Moon, CMC City Clerk SMM pc: Melissa Murray, Recording Secretary, Roanoke Arts Commission L:\CLERK\DA T A \CKEW I \oath and leaving service\Arts Commission\Sandra Brunk qualifi 0630 12.doc Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Sandra K. Brunk, 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). / J~ It )J;~ . . Subscribed and sworn to before me this E day of ~ 2009. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT C;:OURT ,f~ K:\oath and leaving service\Arts Commission\Sandra K Brunk 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 E-mail: c1erk@roanokeva.gov CECELIA T. WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk July 22,2009 Ann H. Shawver, Secretary Board of Trustees, City of Roanoke Pension Plan Roanoke, Virginia Dear Ms. Shawver: This is to advise you that George F. Taylor has qualified as a member of the Board of Trustees, City of Roanoke Pension Plan for a term of four years ending June 30, 2013. Sincerely, ~ M.l'r) 0UYv Stephanie M. Moon, CMC City Clerk SMM L:ICLERK\DA T AICKEW I loath and leaving serviceIBoard of Trustees, Pension Plan\George Taylor qualifi 063013 .doc Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, George F. Taylor, do solemnly affirm that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Board of Trustees, City of Roanoke Pension Plan, for a term of four years ending June 30, 2013, according to the best of my ability (So help me God). f14~ Subscribed and sworn to before me this ~-(11day of ~2009. RK OF THE CIRCUIT COURT ,~~ B K:loath and leaving service\Board of Trustees, Pension PlanlGeorge F. Taylor oath 6 30 20 12.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 CECELlA T. WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk July 22,2009 Cindy Poulton Clerk to the Roanoke City School Board Roanoke, Virginia Dear Ms. Poulton: This is to advise you that Jason E. Bingham, Mae G. Huff, and Todd A. Putney have qualified as Trustees of the Roanoke City School Board for terms of three years, each, ending June 30, 2012. Sincerely, ~ rn. n,()~ Stephanie M. Moon, CMC City Clerk SMM L:\CLERK\D AT A \CKEW I \oath and leaving service\School Board\School 2009\1 ason Bingham, Mae Huff and Todd Putney qualifi 063012 .doc Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Jason E. Bingham, 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 Trustee of the Roanoke City School Board, for a term of three years commencing July 1, 2009 and ending June 30, 2012, according to the best of my ability. ~B~m Subscribed and sworn to before me this o!/!fv of ~ 2009. Judge, Twenty- K:\oath and leaving service\School Board\SchooI2009\Jason E Bingham appt letter.doc Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Mae G. Huff, 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 Trustee of the Roanoke City School Board, for a term of three years commencing July 1, 2009 and ending June 30, 2012, according to the best of my ability. lY) cu-- cl 4 J6 Mae G. Huff K:\oath and leaving service\School Board\SchooI2009\Mae G Huff appt letter.doc Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Todd A. Putney, 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 Trustee of the Roanoke City School Board, for a term of three years commencing July 1, 2009 and ending June 30, 2012, according to the best of my ability. J~) . . I Circuit K:\oath and leaving service\School Board\SchooI2009\Todd A Putney appt letter.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 CECELlA T. WEBB Assistant Deputy City Clerk July 22, 2009 Ann H. Shawver Director of Finance Roanoke, Virginia Dear Ms. Shawver: I am attaching copy of Budget Ordinance No. 38520-072009 appropriating funding from the Commonwealth of Virginia Department of Historic Resources for a Certified Local Government Grant; and amending and reordaining certain sections of the 2009-2010 Grant Fund Appropriatiocns. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 20, 2009, and is in full force and effect upon its passage. Sincerely, ~rn. Yl)OW Stephanie M. Moon, CMC City Clerk Attachment pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Sherman M. Stovall, Director, Management and Budget Thomas Carr, III, Director, Planning Building and Development v IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of July,2009. No. 38520-072009. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia Department of Historic Resources for a Certified Local Government 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 Fees for Professional Services Business Meals & Travel Rental/Lease Revenues Certified Local Government Grant FY09 #2 35-610-8160-2010 35-610-8160-2144 35-610-8160-3070 $ 4,000 600 600 35-61 0-8160-8160 5,200 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~~ Yn. Y'fJrp,J City Clerk. ..; I) Al ~-. .-. ." . ''''', ." '-!If 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 CECELIA T. WEBB Assistant Deputy City Clerk July 22, 2009 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 38519-072009 authorizing acceptance of a Certified Local Government Grant from the Virginia Department of Historic Resources, in the amount of $5,200.00, to support a two-day preservation workshop which -was held in May 2009. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 20, 2009. Sincerely, ~rn.~. Stephanie M. Moon, CMC City Clerk Attachment pc: William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director, Management and Budget Thomas Carr, III, Director, Planning Building and Development ~...' IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINJA The 20th day of July,2009. -- No. 38519-072009. A RESOLUTION authorizing the acceptance of a Certified Local Government Grant from the Virginia Department of Historic Resources and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized on behalf of the City to accept from the Virginia Department of Historic Resources a Certified Local Government Grant in the amount of $,5,200, with no local matching funds required by the City, such funding being used to support a two- day preservation workshop held in May, 2009, all of which is more particularly described in the City Manager's letter dated July 20,2009, to City Council. 2. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, for and on behalf of the City, any and all requisite documents pertaining to the City's ~ acceptance of the grant, such documents to be approved as to form by the City Attorney, and to furnish such additional information as may be required by the Virginia Department of Historic Resources in connection with the grant. ATTEST: ~ rn. nr;6tM-' City Clerk. R-CLG grant-historic resources09.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 July 20, 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: DHR Certified Local Government Grant (Two Day Workshop Series) Acceptance Background: Virginia's Department of Historic Resources (DHR) is required by provisions of the National Historic Preservation Act to grant at least 10% of its annual Historic Preservation Fund monies to Certified Local Governments (CLG) in the state, of which Roanoke is one. The CLG Grant Program can be used for a variety of projects including surveys, National Register nominations, preparation of preservation plans, and educational events. In response to DHR's 2008-2009 Request for Applications, the Department of Planning Building and Development applied for funds to support a two-day preservation workshop taught by well-known preservation speaker and craftsman, Bob Yapp on May 15th and 16th of this year. The purpose of the workshops was to raise awareness of historic preservation issues and motivate attendees to make appropriate investments in the historic housing stock of the City. This effort built on the Renovate Roanoke preservation fair held in 2007 and 2008 and advances goals of the City's Comprehensive Plan emphasizing strong, sustainable neighborhoods. DHR has awarded the City of Roanoke a CLG Grant in the amount of $5,200. No City matching funds are required. j,t,". Honorable Mayor and MeinBers of City Council July 20, 2009 Page 2 Considerations: City Council action is needed to formally accept and appropriate the grant funds to support the workshops. . Recommended Action: Authorize the City Manager to execute any required grant agreements or documents, such agreements and documents to be approved as to form by the City Attorney, and to take any necessary actions to implement and administer such grant. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $5,200, and appropriate funding of the same to accounts to be established in the Grant Fund by the Director of Finance. Respectfully submitted, Darlene L. Bu cham 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 Erica Taylor, City Planner II CM09-00122 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 CECELIA T. WEBB Assistant Deputy City Clerk July 22, 2009 Darlene l. Burcham City Manager. Roanoke, Virginia Dear Ms. Burcham: / I am attaching copy of Resolution No. 38521-072009 authorizing acceptance of a Fireman's Insurance Company grant, in the amount of $12,000.00, to be used to enhance the Roanoke Fire-EMS Department's current public education program. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 20, 2009. Sincerely, ~ m. >'Y}ow Stephanie M. Moon, CMC City Clerk Attachment pc: William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director, Management and Budget H. David Hoback, Fire/EMS Chief ~~ ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of July,2009. No. 38521-072009. A RESOLUTION authorizing acceptance ofa Fireman's Fund Insurance Company grant to the City of Roanoke, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf 0 f the City to accept from Fireman's Fund Insurance Company a grant in the amount of$12,000, to be used to enhance the Roanoke Fire- EMS Department's current public education pro gram, such grant being more particularly descnbed in . the letter of the City Manager to Council dated July 20,2009. 2. The City Manager is hereby authorized to execute and file, on behalfofthe City, any documents setting forth the conditions ofthe 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 by Fireman's Fund Insurance Company in connection with the acceptance ofthe foregoing grant. ATT:gST: M~Ohhto.J City Clerk. L:\ATTORNEY\DAT A \CLRVI \Tim\measures\R-Fireman's Fund Grant.7-20-09.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 CECELIA T. WEBB . Assistant Deputy City Clerk July 22, 2009 Ann H. Shawver Director of Finance Roanoke, Virginia Dear Ms. Shawver: I am attaching copy of Budget Ordinance No. 38522-072009 appropriating funding from the Fireman's Fund Heritage Program for fire prevention and fire safety programs; 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, July 20, 2009, and is in full force and effect upon its passage. Sincerely, ~~ Yn. 'rY)bOYJ Stephanie M. Moon, CMC City Clerk Attachment pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Sherman M. Stovall, Director, Management and Budget H. David Hoback, Fire-EMS Chief f< IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of July,2009. No. 38522-072009. AN ORDINANCE to appropriate funding from the Fireman's Fund Heritage Program for fire prevention and fire safety programs, 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 Expendable Equipment Revenues Fireman's Fund Heritage Program FY10 35-520-3209-2035 $ 12,000 35-520-3209-3209 12,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~l ~ ;. 'h1.hJ~ A~erk. . 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 July 20, 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: Fireman's Fund Grant Acceptance Background: In 2004, Fireman's Fund Insurance Company launched the Heritage Program to support firefighters for safer communities, renewing the company's founding mission to give a portion of our profits to support the fire service. Through their employees and independent agencies, Fireman's Fund awards millions of dollars in grants to fire departments and fire and burn prevention non-profits for needed equipment, training and community education programs. In 2008, the Heritage Program expanded to' a sister company called Allianz Life Insurance Company of North America, growing their impact within the fire service. Thomas Rutherfoord, Inc. selected Roanoke Fire-EMS to receive a grant totaling $12,000 to be used to enhance the department's current public education program. Agents are able to direct grants to local fire departments based on the growth of their business with Fireman's Fund, allowing them to support fire departments in communities where their business is growing. Considerations: Roanoke Fire-EMS is going to utilize the $12,000 grant to purchase a robot to teach children about fire safety during its fire prevention programs. This robot will be a valuable tool to teach children what to do in case of a fire. It will also have the ability to show fire and life safety videos. Honorable Mayor and Members of City Council July 20, 2009 Page 2 Roanoke Fire-EMS will also purchase a portable sound system to assist with its current outreach programs as well as a portable puppet stage to enhance its current puppet show that is showcased at local schools, preschools and . daycares. All of these items will strengthen the department's current fire prevention programs and could help to save lives. Recommended Action: Authorize acceptance of the grant of $12,000 and authorize the City Manager to execute any required grant agreement and any other related documents; such documents to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $12,000 in account 35-520-3209-3209. Appropriate funding of the same amount in an account to be established in the Grant Fund by the Director of Finance. Respectfully submitted, Darlene L. Bu cham City Manager c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance James Grigsby, Assistant City Manager for Operations H. David Hoback, Fire-EMS Chief CM09-00118 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 CECELIA T. WEBB Assistant Deputy City Clerk July 22, 2009 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 38523-072009 authorizing acceptance from the U. S. Department of Justice the Edward Byrne Memorial Justice Assistance Grant, in the amount of $697,090.00, to be used for strengthening and enhancing law enforcement services. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 20, 2009. Sincerely, ~ Yn. YrprnJ Stephanie M. Moon, CMC City Clerk Attachment pc: William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director, Management and Budget A. l. Gaskins, Chief of Police ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of July,2009. No.38523-072009. A RESOLUTION authorizing acceptance of an Edward Byrne Memorial Justice Assistance Grant (JAG) from the U.S. Department of Justice, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the U.S. Department of Justice, the Edward Byrne Memorial Justice Assistance Grant in the amount of $697,090, no local matching funds are required, to be used for strengthening and enhancing law enforcement services. Such grant is more particularly described in the letter of the City Manager to Council dated July 20, 2009. 2. The City Manager is hereby authorized to execute and, file, on behalf 0 f the City, any documents necessary 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: ~m,~~ City Clerk K:\Tim\measures\R-Edward Byrne Memorial Justice Assistance Grant7-20-09.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 CECELIA T. WEBB Assistant Deputy City Clerk July 22, 2009 Ann H. Shawver Director of Finance Roanoke, Virginia Dear Ms. Shawver: I am attaching copy of Budget Ordinance No. 38524-072009 appropriating funding from the Federal government for the curfew center personnel, a Crime Analyst position, DARE Camp, and electronic technology; 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, July 20, 2009, and is in full force and effect upon its passage. Si ncerely, ~m. Y1jOOY0 Stephanie M. Moon, CMC City Clerk 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 \~?( ,IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of Ju1y,2009. No. 38524-072009. AN ORDINANCE to appropriate funding from the Federal government for the Byrne Memorial Justice Assistance Grant to provide funding for bicycle patrol operations, curfew center personnel, a Crime Analyst position, DARE Camp, and electronic technology, amending and r,?ordaining 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 ARRA Bike Patrol - Overtime ARRA Bike Patrol - FICA ARRA Bike Patrol - Expendable Equip ARRA Bike Patrol - Safety Apparel ARRA Curfew Center - Overtime ARRA Curfew Center - Temporary Wages ARRA Curfew Center - FICA ARRA Crime Analyst - Regular Wages ARRA Crime Analyst - Retirement ARRA Crime Analyst - ICMA Match ARRA Crime Analyst - FSA Match ARRA Crime Analyst - FICA ARRA Crime Analyst - Medical Insurance ARRA Crime Analyst - Dental Insurance ARRA Crime Analyst - Life Insurance ARRA Crime Analyst - Disability Insurance ARRA DARE Camp ARRA Tech Improvement - Expend Equip ARRA Tech Improvement - Publications ARRA Radio Upgrade - Expendable Equip Revenues ARRA Byrne JAG Grant FY10 35-R09-0948-1003 35-R09-0948-1120 35-R09-0948-2035 35-R09-0948-2064 35-R09-0949-1003 35-R09-0949-1004 35-R09-0949-1120 35-R09-0950-1002 35-R09-0950-1105 35-R09-0950-1116 35-R09-0950-1118 35-R09-0950-1120 35-R09-0950-1125 35-R09-0950-1126 35-R09-0950-1130 35-R09-0950-1131 . 35-R09-0951-2157 35-R09-0952-2035 35-R09-0952-2040 35-R09-0953-2035 35-R09-0948-2915 $ 133,767 10,633 6,090 4,000 21,600 15,600 2,800 106,080 16,358 1,950 390 8,115 15,093 1,000 984 30 25,000 70,600 10,000 . 247,000 697,090 Pursuant to the provisions of Section 12..ofthe City Charter, the second reading of this ordinance by title is hereby dispensed "Yith. ATTEST: ~ )7), IYprrJ 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 July 20, 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: Edward Byrne ARRA Grant Background: The American Recovery and Reinvestment Act of 2009 (ARRA) provided funding to local governments for strengthening and enhancing law enforcement services. This funding is being distributed through the Edward Byrne Memorial Justice Assistance Grant UAG) program. The JAG program is administered by the Bureau of Justice Assistance Office of Justice Programs. On June 22, 2009, the police department was awarded $697,090 in ARRA/JAG program funding. There is no required match. The awarded funding will be used to provide for police bicycle patrols, continued operation of the curfew center and DARE Camp, the purchase of mobile computers, digital dashboard cameras, body microphones and digital portable radios and also allow for the hiring and employment of a crime analyst for three years. The funding will allow the department to maintain operations of the above successful programs and purchase needed equipment to ensure continued efficient operation. Recommended Action: Accept the Edward Byrne Memorial Justice Assistance Grant UAG) funded by the ARRA described above and authorize the City Manager to execute the grant agreement and any related documents; such documents to be approved as to form by the City Attorney. Honorable Mayor and Members of City Council July 20, 2009 pag e 2 Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $697,090 and to appropriate the same in accounts to be established in the Grant Fund by the Director of Finance. Respectfully submitted, Darlene L. Bur City Manager DLB:gws / 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 Sherman M. Stovall, Director of Management and Budget CM09-00120 Bicycle Patrol Overtime 1003 $133,767 FICA 1120 $ 10,633 Wearing Apparel 2064 $ 4,000 Expendable Equipment 2035 $ 6,090 Curfew Center Overtime 1003 $ 21,600 Temporary Wages 1004 $ 15,600 FICA 1120 $ 2,800 Crime Analyst Regular Employee Salary 1002 $106,080 FICA 1120 $ 8,115 Retirement 1105 $ 16,358 ICMA Match 1116 $ 1,950 Medical Insurance 1125 $ 15,093 Dental Insurance 1126 $ 1,000 Life Insurance 1130 $ 984 Disability Insurance 1131 $ 30 FSA Match 1118 $ 390 DARE Camp 2157 $ 25,000 Technoloqy Improvement Expendable Equipment 2035 $ 70,600 Publications and Subscriptions 2040 $ 10,000 Diqital Radio Upqrade Expendable Equipment 2035 $247,000 TOTAL $697,090 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: c1er k@roanokeva.gov STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk July 22, 2009 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 39525-072009 authorizing acceptance from the United States Department of Agriculture, Food and Nutrition Service a Summer Food Program Grant, in the amount of $190,857.00, to be used to cover the expense of providing for the nutritional needs of children. and youth during the summer months through the City's Parks and Recreation Youth Services Division supervised Summer Nutrition Program. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 20,2009. Sincerely, ~ rn h1o~ Stephanie M. Moon, CMC . City Clerk Attach ment pc: William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director, Management and Budget Steven C. Buschor, Director, Parks and Recreation >~ A 0'\ ~'\ IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA ry:: The 20th day of Ju1y,2009. No.38525-072009. A RESOLUTION authorizing the acceptance of a Summer Food Program Grant from the United States Department of Agriculture, Food and Nutrition Service, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized on behalf of the City to accept from the United States Department of Agriculture, Food and Nutrition Service, a Summer Food Program Grant in the amount of$190,857, such funding to be used to cover the expense of providing for the nutritional needs of children and youth during the summer months through the City's Parks and Recreation Youth Services Division supervised Summer Nutrition Program, all of which is more particularly described in the City Manager's letter dated July 20, 2009, to City Council. 2. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, for and on behalf of the City, any and all requisite documents pertaining to the City's acceptance of the grant, such documents to be approved as to form by the City Attorney, and to furnish such additional information as may be required by the United States Department of Agriculture, Food and Nutrition Service, in connection with the grant. ATTEST: . . ~m. rry&J City Clerk. R-Summer Food Program-2010.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 CECELIA T. WEBB Assistant Deputy City Clerk July 22, 2009 Ann H. Shawver Director of Finance Roanoke, Virginia Dear Ms. Shawver: I am attaching copy of .Budget Ordinance No. 38526-072009 appropriating funding from the Federal government for the Summer Food Program; and amending and reordaining certain sections of the 2009-2010 General and Grant Funds Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 20, 2009, and is in full force and effect upon its passage. Sincerely, ~h1. "LDW0 Stephanie M. Moon, CMC City Clerk Attachment pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Sherman M. Stovall, Director, Management and Budget Steven C. Buschor, Director, Parks and Recreation *,0( IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of July,2009. No. 38526-072009. AN ORDINANCE to appropriate funding from the Federal government for the Summer Food Program, amending and reordaining certain sections of the 2009-2010 General and Grant Funds Appropriations, and dispensing with the second reading by .title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2009-2010 General and Grant Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Special Projects Transfer to Grant Fund 01-620-8170-2034 01-250-9310-9535 $ (15,986) 15,986 Grant Fund Appropriations Temporary Employee Wages FICA Program Activities Revenues Summer Food Program FY10 Summer Food Program FY10 Local Match 35-620-5298-1004 35-620-5298-1120 35-620-5298-2066 14,850 1,136 190,857 35-620-5298-5298 35-620-5298-5299 190,857 15,986 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: . ~h1, YrtOO>J 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 July 20, 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: Summer Nutrition Program Background: The City of Roanoke continues to provide for the nutritional needs of children and youth during the summer months through a Parks and Recreation supervised Summer Nutrition Program. Breakfast and lunch are provided to children throughout Roanoke from mid-June through early August. More than 50,000 meals will be served this summer. General Funds in the amount of $15,986 have been appropriated in the FY 2009-2010 Parks and Recreation Youth Services budget. Local funds will be used to provide staffing and program materials. Federal funds, up to $190,857, have been awarded to the City by a grant from the United States Department of Agriculture, Food and Nutrition Service. The City is reimbursed on a per meal basis for meals actually served. Considerations: The Summer Food Program is partially funded through the United States Department of Agriculture, Food and Nutrition Service. The program is similar in concept to the National School Lunch Program with eligibility requirements much like those used to determine eligibility for free or reduced priced meals during the school year. The purpose is to provide nutritionally balanced, healthy meals to children, ages one through eighteen, and those with special Honorable Mayor and Members of City Council July 20, ,2009 Page 2 needs. Adult summer staff manage the program and youth are hired to assist at the food service sites. Recommended Actions: Accept the Summer Food Program grant in the amount of $190,857 and authorize the City Manager and City Clerk to execute and attest, respectively, an agreement with the United States Department of Agriculture, Food and Nutrition Services and any other forms necessary to accept such grant, approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $190,857, transfer $15,986 from the Parks and Recreation account 01-620-81 70-2034 (Special Projects), and appropriate funding totaling $206,843 into expenditure accounts to be established in the Grant Fund by the Director of Finance. . Respectfully submitted, Darlene L. Bu cham City Manager DLB:MDC 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 Steven C. Buschor, Director of Parks and Recreation CM09-00 1 23 Attachment 1 Budget Breakdown 1004 Temporary Wages 14,850 1120 FICA 1,136 2066 Program Activities 190,857 TOTAL 206,843 Summer Nutritional Sites Apple Ridge Farms, Cooper Hill (off-site center) Blue Ridge Behavior Center - Addison Blue Ridge Behavior Center - Morningside Bluestone Boys and Girls Club Dominion Day Services '- Westside Dominion Day Services - Williamson Road Dominion Day Services - Woodrow Wilson Dumas Grandin Court Recreation Center Haven of Hope Hunt Manor Indian Rock Village Jamestown Place Lansdowne Park Minnick Education Center Preston Park Recreation Center Rainbow Christian - Site 1 Rainbow Christian - Site 2 Salvation Army YMCA - Gainsboro Family Branch YMCA - High Street Baptist Church 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-m~i1: c1erk@roanokeva.gov STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk July 22, 2009 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 38527-072009 accepting the Department of Homeland Security grant offered by the Office of Emergency Medical Service and the Department of Homeland Security, in the amount of $54,750.00, to purchase 15 units of the Panasonic ToughBook 19 computers. The abovereferenced measure was adopted by the Council of the City of . Roanoke at a regular meeting held on Monday, July 20, 2009. Sincerely, ~m. fY)OllN Stephanie M. Moon, CMC City Clerk Attachment pc: William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance. Sherman M. Stovall, Director, Management and Budget H. David Hoback, Fire-EMS Chief ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA -:-TIie 20th day of July,2009. No. 38527-072009. A RESOLUTION accepting the Department of Homeland Security grant to the City from the Office of Emergency Medical Services (OEMS) and the Department of Homeland Security (DHS), and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the Department of Homeland Security grant offered by the Office of Emergency Medical Service and the Department of Homeland Security in the amount of$54,750, no local matching funds are required, to purchase fifteen units of the Panasonic ToughBook 19 computers, such grant being more particularly described in the letter ofthe City Manager to Council, dated July 20,2009. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents necessary 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: ~ In. rY]OuJ ! City Clerk. K:\Tim\measures\R-Dept of Homeland Security Grant.7-20-09.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-254] Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov STEPHAN]E M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk July 22, 2009 Ann H. Shawver Director of Finance Roanoke, Virginia Dear Ms. Shawver: I am attaching copy of Budget Ordinance No. 38528-072009 appropriating funding from the Department of Homeland Security through the Commonwealth of Virginia Department of Emergency Management for the State Homeland Security Program 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, July 20, 2009, and is in full force and effect upon its passage. Sincerely, . ~Yn. h)b~' Stephanie M. Moon, CMC City Clerk Attachment pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Sherman M. Stovall, Director, Management and Budget H. David Hoback, Fire-EMS Chief ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Tne 2(fth day of July,2009. No. 38528-072009. AN ORDINANCE to appropriate funding from the Department of Homeland . , Security through the Commonwealth of Virginia Department of Emergency Management for the State Homeland Security Program 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 Teordained to read and provide as follows: Appropriations Expendable Equipment Revenues State Homeland Security ,Grant FY10 35-520-3531-2035 $ 54,750 35-520-3531-3531 54,750 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~rn. ir'pavJ .\ 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 July 20, 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: Department of Homeland Security Grant Acceptance Background: The Office of Emergency Medical Services (OEMS) and the Department of Homeland Security (DHS) provide grant funding to local Fire-EMS Departmen~s. In July, 2009 Roanoke Fire-EMS received notification that it would be receiving $ 54,750 to purchase fifteen units of the Panasonic ToughBook 19. These computers will be installed in ambulances for reporting purposes and patient care reports. This grant does not require matching funds. Considerations: City Council action is needed to formally accept and appropriate these funds, and authorize the Director of Finance to establish revenue estimates and appropriations to purchase the equipment and supplies in accordance with provisions of this grant. Recommended Action: Accept the grant as described above and authorize the City Manager to execute any required grant agreements or documents, such to be approved as to form by the City Attorney. Adopt the accompanying resolution accepting this grant. Honorable Mayor and Members of City Council July 20, 2009 Page 2 Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $54,750 in account 35-520-3531-3531 and appropriate the same amount in an account to be established in the Grant Fund by the Director of Finance. Respectfully submitted, Darlene L. Bur ham City Manager DLB:TB c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance James Grigsby, Assistant City Manager for Operations H. David Hoback, Fire-EMS Chief Sherman M. Stovall, Director of Management and Budget CM09-00133 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 CECELIA T. WEBB Assistant Deputy City Clerk July 22, 2009 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 38529-072009 accepting the Rescue Squad Assistance Fund grant made to the City by the Virginia Department of Health, Office of Emergency Medical Services, in the amount of $87,095.00, to be used towards the purchase of a new ambulance that will be housed in Fire-EMS Station 8. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 20, 2009. Sincerely, ~Yn.~owJ Stephanie M. Moon, CMC City Clerk Attachment pc: William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director, Management H.. David Hoback, Fire-EMS Chief ~5 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of July,2009. No. 38529-072009. A RESOLUTION accepting the Rescue Squad Assistance Fund (RSAF) grant made to the City by the Virginia Department of Health, Office of Emergency Medical Services, and authorizing execution of any required documentation on behalf ofthe City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the Rescue Squad Assistance Fund (RSAF) grant made to the City by the Virginia Department of Health, Office of Emergency Medical Services, in the amount of $87,095, to be used towards the purchase of a new ambulance that will be housed in Fire-EMS Station 8. The grant, which requires a $21,774 local match by the City, is more particularly described in the letter of the City Manager to Council, dated July 20, 2009. 2. The City Manager is hereby authorized to execute and file, 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: ~1rJ. "10uvJ City Clerk. K:\Tim\measures\R-Rescue Squad Assistance Fund Grant.7-20-09.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 STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk July 22, 2009 Ann H. Shawver Director of Finance Roanoke, Virginia Dear Ms. Shawver: I am attaching copy of Budget Ordinance No. 38530-072009 appropriating funding from the Commonwealth of Virginia for the Rescue Squad Assistance Fund Grant; and amending and reordaining certain sections of the 2009-2010 Grant and Fleet Management Funds Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 20, 2009, and is in full force and effect upon its passage. Sincerely, ~ Yh. YrJllW Stephanie M. Moon, CMC City Clerk Attachment pc: Darlene L Burcham, City Manager William M. Hackworth, City Attorney Sherman M. Stovall, Director, Management and Budget H. David Hoback, Fire-EMS Chief iX iN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of July,2009. No. 38530-072009. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Rescue Squad Assistance Fund (RSAF) Grant, amending and. reordaining certain sections of the 2009-2010 Grant and Fleet Management Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2009-2010 Grant and Fleet Management Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Fleet ManaQement Fund Appropriations Vehicular Equipment Transfer to Grant Fund 17-440-2642-9010 17 -440-2643-9535 $(21,774) 21 ,774 Grant Fund Appropriations Vehicular Equipment Revenues RSAF Ambulance - State FY10 RSAF Ambulance - Fleet FY10 35-520-3546-9010 108,869 87,095 21,774 35-520-3546-3546 35-520-3546-3547 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEst: .Iitl~rn. YvlbuYlJ , ! 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 July 20, 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: Rescue Squad Assistance Fund Grant Acceptance Background: The Virginia Department of Health, Office of Emergency Medical Services administers a Rescue Squad Assistance Fund (RSAF) grant program that is awarded twice annually. Roanoke Fire-EMS applied for this grant in 2009 in order to purchase a new ambulance. In July 2009, the State Office of Emergency Medical Services awarded Roanoke Fire-EMS a grant of $87,095 towards the purchase of a new ambulance that will be housed in Fire-EMS Station 8 located at 2328 Crystal Springs Ave. The grant requires a 20% local match of $21,774. Matching funding for this grant is available in account 17-440-2642-9010 (Fleet Management - Vehicular Equipment.) Considerations: City Council action is needed to formally accept and appropriate these funds, and authorize the Director of Finance to establish revenue estimates and appropriations to purchase the equipment and supplies in accordance with provisions of this grant. Honorable Mayor and Members of City Council July 20, 2009 ' Page 2 Recommended Action: Accept the grant as described above and authorize the City Manager to execute any required grant agreements or documents, such to be approved as to form by the City Attorney. Adopt the accompanying resolution accepting this grant. Adopt the accompanying budget ordinance to establish revenue estimates for State RSAF funding of $87,095 and local match funding of $21,774, and to appropriate the total amount of $108,869 in an account to be established in the Grant Fund by the Director of Finance. Transfer funding in the amount of $21,774 from account 17-440-2642-9010 to provide the local match funding. Respectfully submitted, Darlene L. Bur City Manager DLB:TB c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance James Grigsby, Assistant City Manager for Operations Sherman M. Stovall, Director of Management and Budget David Hoback, Fire-EMS Chief CM09-00132 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 CECELIA T. WEBB Assistant Deputy City Clerk July 22, 2009 Darlene l. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 38531-072009 accepting a Local Government Challenge grant offered by the Virginia Commission for the Arts, in the amount of $5,000.00, upon all the terms, provisions and conditions relating to the receipt of such funds. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 20, 2009. Sincerely, --J!qJv:.v (Y). rYJblJN Stephanie M. Moon, CMe City Clerk Attachment pc: William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director, Management Susan Jennings, Public Art Coordinator " IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA ~~ 20th day of July,2009. N~.38531-072009. A RESOLUTION accepting a Local Government Challenge grant to the City from the Virginia Commission for the Arts, and authorizing execution of any required documentation on r behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the Local Government Challenge grant offered by the Virgmia Commission for the Arts in the amount of $5,000 upon all the terms, provisions and conditions relating to the receipt of such funds. The grant, which requires at least a $5,000 local match, is more particularly described in the letter of the City Manager to Council, dated July 20, 2009. 2. The City Manager and the City Clerk are hereby authorized to execute, seal, and attest, respectively, the grant agreement and all necessary documents required to accept the grant, 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 City's acceptance ofthis grant. ATTEST: ;~ {n. ~OUVV 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 CECELIA T. WEBB Assistant Deputy City Clerk July 22, 2009 Ann H. Shawver Director of Finance Roanoke, Virginia Dear Ms. Shawver: I am attaching copy of Budget Ordinance No. 38532-072009 appropriating funding from the Commonwealth of Virginia for the local Government Challenge 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, July 20, 2009, and is in full force and effect upon its passage. Sincerely, ~Jn. hJarrJ Stephanie M. Moon, CMC City Clerk Attachment pc: Darlene l. Burcham, City Manager William M. Hackworth, City Attorney Sherman M. Stovall, Direttor, Management and Budget Susan Jennings, Public Arts Coordinator ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of July,2009. No. 38532-072009. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Local Government Challenge 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 Arts Council of the Blue Ridge Revenues Local Challenge Grant FY10 35-410-8744-3909 $ 5,000 35-410-8744-8744 5,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. . ATTEST: ~M'1YfbMJ 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 July 20, 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 Commission for the Arts- Local Government Challenge Grant Background: Notification has been received from the Commonwealth of Virginia Commission for the Arts that a $5,000 Local Government Challenge Grant (LGCG) has been awarded to the City of Roanoke. The funding will be allocated to the Arts Council of the Blue Ridge based on recommendations developed by the Roanoke Arts Commission. Funding will be used by the Arts Council to support their arts and cultural programming activities. Considerations: In order to receive these funds, the Commission for the Arts must obtain written confirmation that local funds will be used to match or exceed the amount of the grant. For Fiscal Year 2009-10, the Arts Council of the Blue Ridge will receive local funding of $21,600 allocated by the Roanoke Arts Commission and previously appropriated by the City Council. This funding will provide the required local match. Honorable Mayor and Members of City Council July 20, 2009 Page 2 Recommended Action: Adopt the attached resolution authorizing the acceptance of this grant, and authorizing the City Manager to execute any documents necessary to receive such grant; such documents to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $5,000 and to appropriate funding in the same amount to an account to be established in the Grant Fund by the Director of Finance. Respectfully submitted, Darlene L. Burc City Manager DLB:prw 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 Sherman M. Stovall, Director of Management & Budget Susan Jennings, Public Art Coordinator CM09-00129 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 CECELlA T. WEBB Assistant Deputy City Clerk July 22, 2009 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 38533-072009 authorizing the acceptance of a Safe Routes to School Project Grant from Virginia Department of Transportation, in the amount of $472,688.00, to provide funds for sidewalk infill along Preston Avenue and Oliver Road, in the vicinity of Preston Park Elementary School, Monterey Elementary School, and the Preston Park Recreation Center. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 20, 2009. Sincerely, ~M. Y'r)b~ Stephanie M. Moon, CMC City Clerk Attachment pc: William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director, Management Tom Carr, III, Director, Planning Building and Development Mark Jamison, Manager, Streets and Transportation Division Dr. Rita Bishop, Superintendent, Roanoke City Public Schools ~\~I\ ~(>' // IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of :July,2009. No.38533-072009. " A RESOLUTION authorizing the acceptance of a Virginia Department of Transportation Safe Routes to School (SRTS) Project Grant from the Virginia Department of Transportation (VDOT); and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf ofthe City to accept a SRTS Project Grant from VDOT in the amount of $472,688 to provide funds for sidewalk in;fill along Preston Avenue and Oliver Road in the vicinity of Preston Park Elementary School, Monterey Elementary School, and the Preston Park Recreation Center, all as more particularly described in the City Manager's letter dated July 20,2009, to City Council. 2. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, for and on behalf of the City, any and all requisite documents pertaining to the City's acceptance of such grant, such documents to be approved as to form by the City Attorney, and to furnish such additional information as may be required by VDOT in connection with the grant. ATTEST: ~h1. rY)Ottv0 City Clerk. R-Safe Routes School Program gJ'ant-Preston Park Elementary,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 CECELIA T. WEBB Assistant Deputy City Clerk July 22, 2009 Ann H. Shawver Director of Finance Roanoke, Virginia Dear Ms. Shawver: I am attaching copy of Budget Ordinance No. 38534-072009 appropriating funds from the Commonwealth of Virginia Department of Transportation for the Safe Routes to School Program; 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, July 20, 2009, and is in full force and effect upon its passage. Sincerely, ~ tn. h-JOor-J Stephanie M. Moon, CMC City Clerk Attachment pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Sherman M. Stovall, Director, Management and Budget Tom Carr, III, Director, Planning Building and Development Mark Jamison, Manager, Streets and Transportation Division 't-X IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of July,2009. No.38534-072009. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia Department of Transportation for the Safe Routes to School Program, 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 Construction - Other Revenues Safe Routes to School Program FY10 35-530-8181-9065 $472,688 35-530-8181-8181 472,688 Pursuant'to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~ hi. YV)b~ 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 July 20, 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: VDOT Safe Routes to School Grant Acceptance Background: The Virginia Department of Transportation (VDOT) administers a Safe Routes to School (SRTS) program that annually awards grants to local governments and school systems to encourage elementary and middle school students to walk or bicycle to school. Such grants can be used for infrastructure (e.g., construction of sidewalks, multi-use paths, crossings) and non-infrastructure/programmatic activities (e.g., development of plans, training.) Staff from the City of Roanoke and Roanoke City Public Schools developed School Travel Plans for the Williamson Road area (Breckinridge Middle School, Monterey Elementary School, and Preston Park Elementary School) and a Safe Routes to School grant proposal was submitted to VDOT to begin implementation of these programs. VDOT approved $472,688 in funds for sidewalk infill along Preston Avenue and Oliver Road in the vicinity of Preston Elementary School, Monterey Elementary School and the Preston Park Recreation Center. No City matching funds are required. The project will be managed and implemented by the City's Public Works Department. Recommended Action: Authorize the City Manager to execute any required grant agreements or documents, such agreements or documents to be approved as to form by the City Attorney, and to take any necessary actions to implement and administer such grant. Honorable Mayor and Members of City Council July 20, 2009 Page 2 Adopt the accompanying budget ordinance to establish a revenue estimate for state grant funds in the amount of $472,668, and appropriate funding of the same in accounts to be established in the Grant Fund by the Director of Finance. Respectfully submitted, c: William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Stephanie M. Moon, City Clerk R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Director of Management and Budget Ian Shaw, Senior City Planner Mark Jamison, Transportation Manager Rita Bishop, Superintendent, RCPS CM09-00127 STANDARD PROJECT ADMINISTRATION AGREEMENT Project Number SRTS-128-308 P101 M501 UPC 93194 THIS AGREEMENT, made and executed in triplicate this _ day of ,2009, by and between the City of Roanoke, Virginia, hereinafter referred to as the LOCALITY and the Commonwealth of Virginia, Department of Transportation, hereinafter referred to as the DEPARTMENT. WHEREAS, the LOCALITY has expressed its desire to administer the work described in Appendix A, and such work for each improvement shown is hereinafter referred to as a Project; and WHEREAS, the fonds shown in Appendix A have been allocated to finance each Project; and WHEREAS, the LOCALITY will progress with the development of each Project so that any federal fonds allocated to each Project may be obligated within three years of allocation to each Project in accordance with the current Statewide Transportation Improvement Program, unless otherwise specified in writing by the Department; and WHEREAS, both parties have concurred in the LOCALITY's general administration of the phase(s) of work for the respective Project(s) listed in Appendix A in accordance with applicable federal, state, and local law and regulations. NOW THEREFORE, in consideration of the mutual premises contained herein, the parties hereto agree as follows: I. The LOCALITY shall: a. Be responsible for all activities necessary to complete the noted phase of each Project shown in Appendix A, except the perfonnance of the State Environmental Review Process (SERP), and coordinate with the DEPARTMENT for all reviews, approvals, and environmental actions and decisions, as required. Each Project will be designed and constructed to meet or exceed current American Association of State Highway and Transportation Officials standards or supplementary standards approved by the DEPARTMENT. b. Receive prior written authorization from the DEPARTMENT to proceed with preliminary engineering, right-of-way acquisition and utility relocation, and construction phases of each Project. c. Maintain accurate and complete records of each Project's development and documentation of all expenditures and make such information available for inspection or auditing by the DEPARTMENT. Records and documentation for items for which reimbursement will be requested shall be maintained for OAG Approved - January 2007 SRTS-128-308 UPC 93194 no less than three (3) years following acceptance of the final voucher on each Project, or all such records and documentation may be turned over to the DEPARTMENT in a manner acceptable to the DEPARTMENT. d. No more frequently than monthly, submit invoices with supporting documentation to the DEPARTMENT in the form prescribed by the DEPARTMENT. The supporting documentation shall include copies of related vendor invoices paid by the LOCALITY and a to-date project summary schedule tracking payment requests and adjustments. A request for reimbursement shall be made within 90 days after any eligible project expenses are incurred by the Locality. For federally funded projects and pursuant to the Federal Code of Regulation Title 49, Section 18.43, violations of the provision may result in the imposition of sanctions including possible denial or delay of payment of all or a part of the costs associated with the activity or action not in compliance. e. Subject to appropriation, reimburse the DEPARTMENT all Project expenses incurred by the DEPARTMENT if, due to action or inaction solely by the LOCALITY, federally funded Project expenditures incurred are not reimbursed by the Federal Highway Administration (FHW A), or reimbursements are required to be returned to the FHW A, or in the event the reimbursement provisions of Section 33.1-44 or Section 33.1-70.01 of the Code of Virginia, 1950, as amended, or other applicable provisions of federal, state, or local law or regulations require such reimbursement. f. On Projects that the LOCALITY is providing the required match to state or federal funds, pay the DEPARTMENT the LOCALITY's match for eligible Project expenses incurred by the DEPARTMENT in the performance of activities set forth in paragraph 2.a. g. Administer the Project in accordance with all applicable federal, state, or local laws and regulations. h. Provide certification by a LOCALITY official that all LOCALITY administered Project activities have been performed in accordance with all federal, state, or local laws and regulations. If the locality expends over $500,000 annually in federal funding, such certification shall include a copy of the LOCALITY's single program audit in accordance with Office of Management and Budget Circular A-133. 1. The LOCALITY will use its staff counsel for all legal proceedings. If legal services other than that provided by staff counsel are required, the LOCALITY will consult the DEPARTMENT to obtain an attorney from the list of outside counsel approved by the Office of the Attorney General. J. For Projects on facilities not maintained by the DEPARTMENT, provide, or have others provide, maintenance of the Project upon completion, unless otherwise agreed to by the DEPARTMENT. GAG Approved - January 2007 SRTS-128-308 upe 93194 2. The DEPARTMENT shall: a. Perform the SERP and provide guidance relative to the coordination of environmental commitments that result from the SERP, provide necessary coordination with the FHW A, and approve plans, specifications, advertisement documents, and contract awards as determined to be necessary by the DEPARTMENT. b. Upon receipt of the LOCALITY's invoices pursuant to paragraph l.d, reimburse the LOCALITY the cost of eligible Project expenses, as described in Appendix A. Such reimbursements shall be payable by the DEPARTMENT within 30 days of an acceptable submission by the LOCALITY. c. If appropriate, submit invoices to the LOCALITY for the LOCALITY's share of eligible project expenses incurred by the DEPARTMENT in the performance of activities pursuant to paragraph 2.a. d. Audit the LOCALITY's Project records and documentation as may be required to verify LOCALITY compliance with federal and state laws and regulations. e. Make available to the LOCALITY guidelines to assist the parties in carrying out responsibilities under this Agreement. 3. Appendix A outlines the phases of work and general items to be administered by the LOCALITY. There may be additional elements that, once identified, shall be addressed by the parties hereto in writing, which may require an amendment to this Agreement. 4. If designated by the DEPARTMENT, the LOCALITY is authorized to act as the DEPARTMENT's agent for the purpose of conducting survey work pursuant to Section 33.1-94 of the Code of Virginia, 1950, as amended. 5. Nothing in this Agreement shall obligate the parties hereto to expend or provide any funds in excess of funds agreed upon in this Agreement or as shall have been appropriated. In the event the cost of a Project is anticipated to exceed the allocation shown for such respective Project on Appendix A, both parties agree to cooperate in providing additional funding for the Project or to terminate the Project before its costs exceed the allocated amount, however the DEPARTMENT and the LOCALITY shall not be obligated to provide additional funds beyond those appropriated and allocated. 6. Nothing in this agreement shall be construed as a waiver of the LOCALITY's or the Commonwealth of Virginia's sovereign immunity. 7. This agreement may be terminated by either party upon 30 days advance written notice. Eligible Project expenses incurred through the date of termination shall be reimbursed in accordance with paragraphs 1.e, 1.f, and 2.b, subject to the OAG Approved - January 2007 SRTS-128-308 UPC 93194 limitations established in this Agreement and Appendix A. Upon termination, the DEPARTMENT shall retain ownership of plans, specifications, and right of way, unless all state and federal funds provided for the Project have been reimbursed to the DEPARTMENT by the LOCALITY, in which case the LOCALITY will have ownership of the plans, specifications, and right of way, unless otherwise mutually agreed upon in writing. THE LOCALITY and DEPARTMENT acknowledge and agree that this Agreement has been prepared jointly by the parties and shall be construed simply and in accordance with its fair meaning and not strictly for or against any party. THIS AGREEMENT, when properly executed, shall be binding upon both parties, their successors, and assigns. THIS AGREEMENT may be modified in writing by mutual agreement of both parties. IN WITNESS WHEREOF, each party hereto has caused this Agreement to be executed as of the day, month, and year first herein written. CITY OF ROANOKE, VIRGINIA: Typed or printed name of signatory Title Date Signature of Witness Date NOTE: The official signing for the LOCALITY must attach a certified copy oLhis or her authority to execute this agreement. COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION: Commonwealth Transportation Commissioner Date Commonwealth of Virginia Department of Transportation Signature of Witness Date Attachments: Appendix A -1 OAG Approved - January 2007 Appendix A-I Project Number: SRTS-128-308; UPC 93194 Project Name: SRTS Project - Monterey ES to Breckinridge MS Locality: City of Roanoke, VA Scope: The purpose of this Safe Routes to School (SRTS) project is to improve walking and bicycling routes to Monterey ES, Preston Pari< ES and to Breckinridge MS by students from residential neighborhoods; the project locations are: Sidewalks. I. Preston Ave from Winslow Drive to Plantation Road on both sides of street approx. 4,950 linear feet; 2- Oliver Road from Preston Ave to Oaklawn Drive on both sides of street approx 1850 I.f. [NOT FUNDED; Garden City Road signage and related] Locality Project Manager Contact Info: Mark Jamison, 540-853-5471, mark.jamison@roanokeva.gov Department Project Coordinator C;ontact Info: Michael Gray. 540-375-3565, MichaeI.Gray@vdotvirginia.gov Preliminary Engineering Right-of-Way & Utilities Construction T olal Estimated Cost $1,500 $0 $472,688 $474,188 Phase Estimated Project Costs Total Maximum Reimbursement by Locality to VDOT $0 Total Maximum Reimbursement by VDOT to Locality $472,688 (may be reduced by eligible VOOT project expenses) B Pr~Jeet~i..j~cirig'r" .' C D E SRTS Funds - Federal (100%) Local Funds (1000/0) Aggregate Allocations (A+B) $474,188 $0 $474,188 · This project will be administered in accordance with the "Guide for Local Administration of Virginia Department of Transportation Projects". · In accordance with federal policy for Safe Routes to School infrastructure projects, public funds must be spent on projects within the public right of way. · All costs exceeding available Safe Routes to School (SRTS) funds will be borne 100% by the locality. · VDOT will reimburse locality 100% of eligible costs up to Maximum Reimbursement Amount. . VDOT charges may increase due to increased VOOT oversight. · For SRTS projects. the LOCALITY shall maintain the Project, or have it maintained. in a manner satisfactory to the Department or its authorized representatives, and make ample provision each year for such maintenance unless otherwise agreed to by the DEPARTMENT. . SERP is not required for SRTS projects. The project must be completed and the $474,188 SRTS allocation expended by three vears from date the Standard Proiect A reemeot is executed or the ro'ect ma be sub'ect to de-allocation. This attachment is certified and made an official attachment to this document by the parties of this agreement Authorized Locality Official date VDOT SRTS Program Manager date 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 ,.,x.....';.< STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk July 22, 2009 Darlene l. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 38535-072009 authorizing participation of the City in a Regional Family Violence Fatality Review Team, whose duties and responsibilities are more particularly "set forth in the report .of the City Manager dated July 20, 2009. The abovereferenced measure was adopted by the Council of the City of. Roanoke at a regular meeting held on Monday, July 20, 2009. Sincerely, ~~ hi. h") bnv-J Stephanie M. Moon, CMC City Clerk Attachment pc: Becky Meador, Clerk, Roanoke County Board of Supervisors, P. O. Box 79800, Roanoke, Virginia 24018 . Krystal Coleman, Deputy Clerk of Council, City of Salem, 114 N. Broad Street, Salem, Virginia 24153 Darleen Bailey, Town Clerk, Town of Vinton, William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance v~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th,'day of July,2009. , No.38535-072009. A RESOLUTION authorizing the City's participation III a Regional Family Violence Fatality Review Team. WHEREAS, the Virginia General Assembly, upon the request of a task force of the Virginia Commission on Family Violence Prevention, adopted legislation designed to address family violence fatalities; WHEREAS, Section 32.1-283.3 of the Code of Virginia (1950), as amended, authorizes localities or combinations of localities to establish violence fatality review teams "to examine fatal family violence incidents and to create a body of information to help prevent future family violence fatalities"; WHEREAS, the Task Force on Domestic Violence has recommended that the City participate in a family violence fatality review team jointly with one or more of the following jurisdictions, City of Salem, Roanoke County, and the Town of Vinton; and WHEREAS, Council agrees that the establishment of such a Review Team would serve an important public purpose and therefore wishes to authorize the City to participate in such a team in combination with the other localities. . . NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, that Council authorizes the participation of the City in a Regional Family Violence Fatality Review Team, whose duties and responsibilities are more particularly set forth in the report of the City Manager dated July 20, 2009. ATTEST: ~~m.~ 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 July 20, 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: Adoption of Resolution Authorizing Participation in a Regional Family Violence Fatality Review Team Background: In February 2006, a Domestic Violence Taskforce spearheaded by Vice-Mayor Sherman Lea was formed to assess family violence fatalities, identify gaps in services and provide a forum for increasing communication and collaboration among those involved in coordinating community responses. Community concerns which led to the formation of the taskforce included the apparent increase in domestic related homicides and assaults in 2003, 2004 and 2005. The taskforce studied information related to domestic violence, consulted with service providers in the community, and researched best practices in other jurisdictions. After analyzing the problem, the taskforce presented recommendations to City Council, one of which included the adoption of a resolution authorizing the City's participation in a Regional Family Violence Fatality Review Team pursuant to 932.1-283.3 of the Code of Virginia. The purpose of the family violence fatality review team in the Roanoke Valley will be to reduce or prevent incidents of fatal family or intimate partner violence and other objectives as follows: to describe trends and patterns offamily and intimate partner violence related fatalities; to identify high-risk factors, current practices, gaps and strengths in system responses and barriers to safety in family and intimate partner violence situations; to develop a better understanding of these events through multi-disciplinary collaboration; to enhance cooperation among ~ Honorable Mayor and Members of City Council July 20, 2009 Page 2 team participants; to develop a greater understanding of individual team participant's policies, procedures and roles; to educate the public, policy makers and funding sources in regard to fatalities related to family and intimate partner violence and strategies for intervention; to recommend policies, practices and services that will promote; and to improve data collection between collaborating agencies. Pursuant to the Code of Virginia, the Commonwealth of Virginia's Chief Medical Examiner has developed a model protocol for the development and implementation of local family violence fatality review team, which includes relevant procedures for conducting fatality reviews. This model protocol includes suggestions for core team members, as the Code does not require the governing bodies to appoint the fatality review team members. However, the Code provides that the membership of the team may include, but not be limited to, healthcare professionals, attorneys for the Commonwealth, judges, law enforcement officials, medical examiners, lawyers, health department and probation/parole professionals, adult and child protective services workers, representatives of family violence coor:dinating councils and members of other disciplines on a case- by-case basis at the discretion of the core group. The Chiefs from the City of Roanoke, Town of Vinton, Roanoke County and the City of Salem Police Departments have agreed to serve as Honorary Chairs for the Roanoke Valley Regional Fatality Review Team. The team will consist of twenty (20) core team members: Melissa Ratcliff Harper, Carilion Forensic Nurse Examiner and Coordinator of the team; Sandra Workman, City of Roanoke Assistant Commonwealth's Attorney; Aaron Lavinder, Roanoke County Assistant Commonwealth's Attorney; Matt Pollard, Salem Assistant Commonwealth's Attorney; Lieutenant Danny Brabham, Sergeant Scott Altizer and PamelaJ. Gold of the Roanoke Police Department; Heather Sellers, TAP Women's Resource Center; Katie Van Patten and Jon D. Perry, Court Community Corrections; Ellen Weinman, Attorney; Sergeant Monica McCullough and Detective James Testerman, Vinton Police Department; Evelyn Jordan, Roanoke County Department of Social Services; Darlene Young, Salvation Army Turning Point; Sergeant Jeff Herrick and Detective Trish Farris, Roanoke County Police Department; Ann Adkins, Lewis Gale Forensic Nurse Examiner; Jennifer Bath, Carilion Forensic Nurse Examiner; and Katrina Johnson, Salem's Victim Witness Director. Many of the core team members originated from the City's Domestic Violence Task Force. These members and other interested court professionals and domestic violence services providers attended the fatality review team training conducted by the Chief Medical Examiner's office during January 2009 in Abingdon, Virginia. Core team members will be expected to serve a minimum of two (2) years or at the discretion of their respective agency. ~ Honorable Mayor and Members of City Council July 20, 2009 Page 3 Considerations: Currently, all four jurisdictions have the support of City and County Administrators, Chiefs of Police and the Commonwealth Attorney's offices for the establishment of a Fatality Review Team. The City of Salem adopted Resolution 1137 on May 11, 2009 establishing a regional family violence fatality review team in conjunction with other localities in the Roanoke Valley. Roanoke County was scheduled to adopt a resolution authorizing the County staff's participation on the team on July 14, 2009. Ellen Weinman, Attorney-at-Law, is working with the Town of Vinton to present a resolution for adoption. . Recommended Action: City Council to adopt a resolution authorizing the City of Roanoke to participate in a Roanoke Valley Regional Family Violence Fatality Review Team. Respectfully submitted, Darlene L. Bur City Manager c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance CM09-00128 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: c1er k@roanokeva.gov STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk July 22, 2009 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Amended Resolution No. 38536-072009 endorsing and concurring in the recommendations of the City Manager for a certain update to the Five-year Capital Improvements Program for the City of. Roanoke for Fiscal Years 2010-2014, and the related funding recommendations, as set out in the letter of the City Manager dated July 20, 2009, with elimination of the amphitheater project. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 20, 2009. Sincerely, ~'rn.'10wJ Stephanie M. Moon, CMe City Clerk Attachment pc: William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director, Management ~Yy ~,o IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, ~The 20th day of July,2009. No. 38536-072009. A RESOLUTION endorsing the update to the Capital Improvement Program submitted by the City Manager by letter of July 20,2009. WHEREAS, by letter of July 20,2009, the City Manager has presented an update to the City's Five-Year Capital Improvemeht Program for Fiscal Years 2010-2014 in the recommended amount totaling $112,850,047; WHEREAS, the Capital Improvement Program and the funding recommendation for projects is affordable and consistent with previous discussions by City Council and actions taken by City Council; and WHEREAS, this Council is desirous of endorsing the recommended update to the Capital Improvement Program; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council endorses and concurs in the recommendations of the City Manager for a certain update to the Five-year Capital Improvement Program for the City of Roanoke for Fiscal Years 2010- 2014, and the related funding recommendations, as set out in the letter of the City Manager dated July 20,2009, with elimination of the amphitheater project. ATTESr: ffi1~ m.~ (/ City Clerk. K:\MeasuresWearly Measures\2009\captial improvement program 2010 2014.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 CECELIA T. WEBB Assistant Deputy City Clerk July 22, 2009 Ann H. Shawver Director of Finance Roanoke, Virginia Dear Ms. Shawver: I am attaching copy of Budget Ordinance No. 38537-072009 appropriating funding for the Fiscal Year 2010-204 Update to the Capital Improvement Program; and amending and reordaining certain sections of the 2009-2010 Capital Projects, Market Building and Grant Funds Appropriatio~s. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 20, 2009, and is in full force and effect upon its passage. Sincerely, ~~ m.~()~ Stephanie M. Moon, CMC . City Clerk Attachment pc: 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 20th day of July,2009. No. 38537-072009. AN ORDINANCE to appropriate funding for the FY 2010-2014 Update to the Capital Improvement Program, amending and reordaining certain sections of the 2009- 2010 Capital Projects, Market Building and Grant Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2009-2010 Capital Projects, Market Building and Grant Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Capital Proiects Fund Appropriations Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue VDOT Match Contingency Demolition Transfer to Market Building Fund Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Revenues . Transfer from General Fund Market BuildinQ Fund Appropriations Appropriated from General Revenue Revenues Transfer from Capital Projects Fund 08-300-9607 -9003 08-300-9.608-9003 08-300-9609-9003 08-300-9610-9003 08-300-9611-9003 08-510-9620-9003 08-530-9552 ~9003 08-530-9575-9210 08-530-9575-9220 08-530-9633-9112 08-530-9712-9504 08-530-9736-9003 08-610-9134-9003 08-610-9929-9003 08-620-9749-9003 08-620-9765-9003 08-620-9824-9003 08-640-'9750-9003 $ 34,000 300,000 100,000 100,000 52,450 1,000,000 500,000 251,800 213,244 100,000 2,205,062 49,820 ( 131,497) 34,228 ( 2,911,083) 166,663 ( 162,482 ) 10,000 1,912,205 08-110-1234-1037 09-300-8137 -9003 2,205,062 2,205,062 09-110-1234-1237 Grant Fund Appropriations Local Match Funding for Grants Revenues Local Match Funding for Grants 35-300-9700-5415 $200,000 200,000 35-300-9700-5207 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~m.~ 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 7.a.10 July 20, 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: Capital Improvement Program Update for FY 2010-2014 Background: The Capital Improvement Program (ClP) for Fiscal Years 2010-2014 is a plan recommended for approval by City Council for anticipated capital project expenditures to be incurred over the next five years. The ClP is updated annually and is a revision to the Fiscal Years 2009-2013 ClP approved by City Council on May 12, 2008. It also reflects all planned future debt issuance for projects included in the ClP. Considerations: Council had initial discussions on the ClP during the financial planning work session held on February 13th. There have been additional briefings on specific projects during the past several months, as well as additional capital project planning briefings on June 15\ June 15th, and July 6th. The ClP for Fiscal Years 2010- 2014 is comprised of capital projects with estimated expenditures of $127,050,047. The ClP anticipates debt issuance each year as outlined below and requires incremental debt service funding of $500,000 each year through FY 2013. Council authorization of debt issuance is required for planned issuance each fiscal year and is requested via a separate report at a Council meeting after the adoption of the ClP Update to ensure that the public hearing notices are published in accordance with code requirements. Honorable Mayor and Members of City Council July 20, 2009 Page 2 The amount of debt issuance over the five-year period has not changed from the initial planning session. The ClP update includes a revision to the timing of debt issuan,ce for the Library MasterPlan and Parks and Recreation Master Plan projects as discussed during the financial planning work session, as well as a revision to the timing of debt issuance for curb, gutter, and sidewalks as discussed during the most recent ClP Update work session. It also reallocates a portion of the funding previously planned for the Parks and Recreation Master Plan project to the Market Building Renovation, Amphitheater, land Bridge Renovation projects. Planned debt issuance over the five-year planning period includes: FY 201 0 . Roanoke River Flood Reduction - $1,455,000 . Parks and Recreation Master Plan - $6,738,075 . Bridge Renovation - $1,050,000 . Curb, Gutter, Sidewalks - $1,000,000 . Amphitheater - $1,200,000 . School Roofs - $2,500,000 It is anticipated that a Council Report authorizing debt issuance for FY 2010 will be placed on the August 17th Council Agenda. The timing of this action is based on the date of the adoption of the ClP Update and meeting the public hearing notice code requirements for authorization of debt issuance. For FY 201 0, $2,073,565 and $1,000,000 of cash funding previously appropriated to the Parks and Recreation Master Plan can be transferred to the Market Building Renovation and Roanoke River Flood Reduction projects, respectively. In addition, residual funding of $131,497 from the Market District Plan project account can be transferred to the Market Building Renovation project account. The transfer of cash funding to the Market Building Renovation project account will provide sufficient funding to facilitate moving forward with architectural and engineering design services, as well as other project related expenses that may be incurred in the short-term. The transfer of cash funding to the Roanoke River Flood Reduction project will facilitate the payment of project expenses anticipated within the next ,,,,, 30 days. l' FY 20 1 1 . Roanoke River Flood Reduction - $1,800,000 . Bridge Renovation - $1,250,000 . Curb, Gutter, Sidewalk - $1,250,000 . Digital Radio Upgrade - $1,308,000 . Market Building - $5,561,925 FY 20 1 2 . Roanoke River Flood Reduction - $1,300,000 . Library Master Plan - $10,442,000 . Bridge Renovation - $1,250,000 . Digital Radio Upgrade - $4,800,000 Honorable Mayor and Members of City Council July 20, 2009 Page 3 FY 20 1 3 . Roanoke River Flood Reduction - $1,200,000 . Library Master Plan - $2,750,000 . Parks and Recreation Master Plan - $2,000,000 . Amphitheater - $13,000,000 FY 2014 . Roanoke River Flood Reduction - $613,000 Funding for debt service is increased each year based on the capital project planning model, but until bonds are issued, such funds (excess debt service funding) are allocated to specific projects or for a specific purpose based on identified need. Funding in the amount of $1,912,205 and $200,000 is included in the Transfer to Capital Projects Fund and Transfer to Grant Fund, respectively, and can be appropriated to project accounts for FY 2010. Of the aforementioned amounts, $801,620 is recurring funding included in the Transfer to Capital Projects account for Bridge Maintenance, National Pollutant Discharge Elimination System (NPDES) Stormwater Management, and match for Virginia Department of Transportation projects. During the budget development process, Council was advised by letter dated April 16, 2009 of the recommended use of excess debt funding for Mill Mountain Zoo (Final Installment Capital Contribution), Historical Society of Western Virginia (Final Installment Capital Contribution), Center in the Square (First Installment Capital Contribution), Science Museum of Western Virginia (First Installment Capital Contribution), Harrison Museum of African American Culture (First Installment Capital Contribution), Capital Project Contingency, Percent For Art, South Jefferson Redevelopment Project, Deer Culling, Virginia Municipal League Conference, and Grant Cash Match. Recommended Action: Approve a resolution endorsing the update to the C1P. Transfer funding in the amount of $2,911,083 from the Parks and Recreation Master 'Plan project account (08-620-9749-9003) and $162,482 from the Multipurpose Recreation Center Feasibility Study project account (08-620-9824- 9003) to the following project accounts: . Market Building Renovation (09-300-8137-9003) - $2,073,565 . Roanoke River Flood Reduction (08-510-9620-9003) - $1,000,000 Transfer tunding in the amount of $131,497 from the Market District Stepped Plaza Architectural and Engineering project account (08-610-9134-9003) to the Market Building Renovation project account (09-300-8137-9003). Honorable Mayor and Members of City Council July 20, 2009 Page 4 Appropriate $1,912,205 included in the FY 2009-201 0 Transfer to Capital Projects Fund account (01-250-9310-9508) and appropriate $200,000 included in the FY 2009-2010 Transfer to Grant Fund account (01-250-9310-9535) to the respective accounts established by the Director of Finance for the following projects: . Bridge Maintenance - $500,000 . National Pollutant Discharge Elimination System (NPDES) Stormwater Management - $49,820 . Local match for Virginia Department of Transportation Highway projects - $251,800 . Mill Mountain Zoo -$166,663 . Historical Society of Western Virginia -$34,000 . Center in the Square - $300,000 . Science Museum of Western Virginia - $100,000 . Harrison Museum of African American Culture -$100,000 . Capital Project Contingency - $213,244 . Percent for Art - $34,228 . South Jefferson Redevelopment Project - $100,000 . Deer Culling - $10,000 . Virginia Municipal League Conference - $52,450 . Grant Match - $200,000 DLB:sms 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 CM09-00134 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 CECELIA T. WEBB Assistant Deputy City Clerk July 22, 2009 Darlene l. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 38538-072009 accepting the Juvenile Justice Delinquency Prevention grant made to the City from the Department of Criminal Justice Services, in the amount of $65,000.00, with $32,500.00 in local matching funds, for a total award of $97,500.00, to be expended on Across Ages, an evidence based prevention program. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 20, 2009. Sincerely, ~~m,~ Stephanie M. Moon, CMC City Clerk Attachment pc: William M. Hackworth, City' Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director, Management Jane R. Conlin, Director, Human/Social Services Qr1G ~N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of July,2009. No. 38538-072009. A RESOLUTION accepting the Juvenile Justice Delinquency Prevention grant made to the City in collaboration with Family Services of the Roanoke Valley, from the Department of Criminal Justice Services, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the Juvenile Justice Delinquency Prevention grant made to the City from the Department of Criminal Justice Services in the amount of $65,000, with $32,500 in local matching funds for a total award of $97,500, to be expended on Across Ages, an evidence based prevention program, in accordance with all the terms, provisions and conditions relating to the receipt of such funds, as more particularly described in the letter of the City Manager to Council, dated July 20,2009. 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, and to execute a contract with Family Services of the Roanoke Valley to implement the program. All such documents shall 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 City's acceptance of this grant. ATTEST: City Clerk. K\David\Council Work\R-Juvenile Justice & Delinquency Prevention - Across Ages. 07-20-09 .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 CECELIA T. WEBB Assistant Deputy City Clerk July 22, 2009 Ann H. Shawver Director of Finance Roanoke, Virginia Dear Ms. Shawver: I am attaching copy of Budget Ordinance No. 38539-072009 appropriating funding from the Federal government through the Commonwealth of Virginia for the Juvenile Justice and Delinquency Across Ages Program; 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, July 20, 2009, and is in full force and effect upon its passage. Sincerely, ~'rr,.~ Stephanie M. Moon, CMC City Clerk 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 {J IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of July,2009. No. 38539-072009: AN ORDINANCE to appropriate funding from the Federal government through the Commonwealth of Virginia for the Juvenile Justice and Delinquency Across Ages Program, 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 Fees for Professional Services Revenues Across Ages Program Grant FY10 35-630-5019-2010 $ 65,000 35-630-5019-5019 65,000 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~.~J 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 July 20, 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: Juvenile Justice & Delinquency Prevention - Across Ages in the City of Roanoke Background: In April, 2009, the City of Roanoke, in collaboration with Family Service of the Roanoke Valley, applied to the Department of Criminal Justice Services under the Juvenile Justice and Delinquency Prevention Grant Program, to fund an evidence-based prevention program designed to reduce the numbers of youth using substances such as tobacco, alcohol and marijuana and to enhance school attendance and successful graduation. As the grantee, the City of Roanoke has received notification of award in the amount of $65,000 in Federal funds and $32,500 in local cash match for a total award of $97,500. The local cash match is being provided directly to Family Service of the Roanoke Valley by United Way of Roanoke Valley. These funds must be expended or obligated during the award period of July 1, 2009, to June 30, 2010. Considerations: Across Ages has achieved documented results decreasing truancy and suspensions from school, improving grades, enhancing attitudes toward school and the future, improving attitudes toward adults in general and older adults in Honorable Mayor and Members of City Council July 20, 2009 Pag e 2 particular, increasing knowledge about the harmful effects of drug use, as well as lowering youths' use of substances. Family Service of Roanoke Valley will be replicating this model program's impressive prevention results in the City of Roanoke, working with high risk youth between the ages of nine and thirteen in various after school settings. Recommended Actions: Accept the Department of Criminal Justice Services Juvenile Justice and Delinquency Prevention grant in the amount of $65,000 and authorize the City Manager to execute the grant documents and the attached contract with Family Services of Roanoke Valley. All documents shall be upon form approved by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $65,000 and to appropriate the same amount to fees for professional services in an account to be established by the Director of Finance in the Grant Fund by the Director of Finance. Respectfully submitted, Darlene L. Bu cham 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/Social Services Carol Tuning, Human Services Coordinator CM09-00117 .:8E I V Ea.. JUN.-25 2009 \ f ~~ANAGERIS O~r COMMONWEALTH of VIRGINIA Leonard G. Cooke Director Department of Criminal Justice Services 1100 Bank Street Richmond, Virginia 23219 . (804) 786-4000 TOD (804) 386-8732 June 19, 2009 Ms. Darlene Burcham City Manager City of Roanoke 215 Church Ave., SW, Rm 364 Roanoke, VA 24011 Title: JJDP - Across Ages in the City of Roanoke Dear Ms. Burcham: I am pleased to advise you that grant number 10-C5418.JJ09 for the above-referenced grant program has been approved in the amount of $65,000 in Federal Funds and $32,500 in Matching Funds for a total award of $97,500. Enclosed you will find a Statement of Grant Award and a Statement of Grant Award Special Conditions. To indicate your acceptance of the award and conditions, please sign the award acceptance and return it to Janice Waddy, Grants Administrator, at the Department of Criminal Justice Services (DCJS). Please review the conditions carefully; as some require action on your part before we will disburse grant funds. Also, enclosed are the Post Award Instructions and Reporting Requirements. Please refer to and read this information carefully as it contains details on processing financial and progress reports, as well as requesting awarded funds. Remember aI/financial and progress reports, budget amendment requests and request for funds must be processed through our online Grants Management Information System (GMIS). We appreciate your interest in this grant program and will be happy to assist you in any way we can to assure your project's success. If you have any questions, please call Demian Futterman at (804) 786-0092. Sincerely, l~~G. ~ Leonard G. Cooke cc: Ms. Cheryl W. HaItman, Director Ms. Ann Shawver, Director of Finance Demian Futterman, DCJS Monitor Criminal Justice Service Board, Committee on Training' Advisory Committee on Juvenile Justice Advisory Committee to Court Appointed Special Advocate and Children's Justice Act Programs Private Security Services Advisory Board. Criminal Justice Information Systems Committee www.dcjs.virginia:gov Department of Criminal Justice Services 1100 Bank Street, 12th floor, Richmond, VA 23219 Statement of Grant Award/Acceptance Subgrantee: Roanoke City Date: June 19, 2009 Grant Period: From: 07/01/2009 Through: 06/30/20 I 0 Grant Number: 10-C5418JJ09 Project Director Project Administrator Finance Officer Ms. Cheryl W. Hartman Ms. Darlene Burcham Ms. Ann Shawver Director City Manager Director of Finance Youth Development Family Service ofR City of Roanoke City of Roanoke 360 Campbell Avenue SW 215 Church Ave., SW, Rm 364 215 Church Ave., SW, Rm 461 Roanoke, VA 24016 Roanoke. VA 24011 Roanoke, V A 240 II Phone: (540) 563.5316 Phone: (540) 853.2333 Phone: (540) 853-2821 Email: chartman@fsrv.org Email: Darl ene. burch am@roanokeva.gov Email: Ann. Sh a wver@roanokeva.gov Grant Award Budget DCJ5 Funds Budget Categories Federal State Locality Match TOTALS Consultant $0 $0 $0 $0 Equipment $0 $0 $0 $0 Indirect Cost $0 $0 $0 $0 Personnel $65,000 $0 $32,500 $97,500 Supplies/Other $0 $0 $0 $0 Travel $0 $0 $0 $0 Totals $65,000 $0 $32,500 $97,500 This grant is subject to all rules, regulations, and criteria included in the grant guidelines and the special conditions attached thereto, .L ~~~J~. Leonard G. Cooke, Director Cl~ . / The undersigned, having received the Statement of Grant Award/Acceptance and the Conditions attached thereto, does hereby accept this granl and agree to the conditions pertaining thereto, this day of ,20 Signature: Title: STATEMENT OF GRANT AWARD SPECIAL CONDITIONS Department of Crim inal Justice Services 1100 Bank Street Richmond, Virginia 23219 For the Juvenile Justice and Delinquency Prevention Title II Grant Program - Localities Subgrantee: Roanoke City Grant Number: 10-C5418JJ09 Federal Catalog Number: 16.540 Title: Across Ages in the City of Roanoke Date: June 19, 2009 The following conditions are attached to and made a part of this grant award: I. Where the Statement of Grant A ward retlects a required cash match contribution by the grant recipient, the recipient agrees, by accepting the award, to provide the match as shown in non-federal cash match. 2. By signing the Statement of Grant A ward/Acceptance, the grant recipient agrees: · to use the grant funds to carry out the activities described in the grant application, as modified by the terms and conditions attached to this award or by subsequent amendments approved by DCJS; · to adhere to the approved budget contained in this award and amendm~nts made to it in accord 'with these terms and conditions; · and to comply with all terms, conditions and assurances either attached to this award or submitted with the grant application. 3. The subgrantee agrees to submit such reports as requested by DCJS. Funds from this grant will not be disbursed, if any of the required Financial or Progress reports are overdue by more than 30 days unless you can show good cause for missing the reporting deadline. 4. Grant funds, including state and local match, may be expended and/or obligated during the grant period. All legal obligations must be liquidated no later than 90 d.ays after the end of the grant period. The grant recipient agrees to supply a final grant financial report and return all received and unexpended grant funds (exclusive of local match) to DCJS within 90 days after the end of the grant liquidation period. 5. By accepting this grant, the recipient assures that funds made available through it will not be used to replace state or local funds that would, in the absence of this grant, be made available for the same purposes. 6. Subgrantee may follow their own established travel rates if they have an established travel policy. If a subgrantee does not have and established policy, then they must adhere to. state travel policy. The state allows reimbursement for actual reasonable expenses. Please refer to the following IRS website for the most current mileage rate: http://www.irs.20v/taxpros/article/0..id=156624.00.html: Transportation costs for air and rail must be at coach rates. 7. Within 60 days of the starting date of the grant, the subgrantee must initiate the project funded. Ifnot, the subgrantee must report to the DCJS, by letter, the steps taken to initiate the project, the reasons for the delay, and the expected starting date. If the project is not operational within 90 days of the start date, the subgrantee must obtain approval in writing from the DCJS for a new implementation date or the DCJS may cancel and terminate the project and redistribute the funds. 8. No amendment to the approved budget may be made without the prior approval of DCJS. No more than two (2) budget amendments will be permitted during the grant period. No budget amendments will be allowed after April 30, 20lO. Budget amendments must be requested using the on-line Grants Management Information System (GMTS). 9. The subgrantee agrees to forward a copy to the DCJS of the scheduled audit of this grant award. 10. All purchases for goods and services must comply with the Virginia Public Procurement Act. Procurement transactions, whether negotiated or advertised and without regard to dollar value, shall be conducted in a manner so as to provide maximum open and free competition. An exemption to this regulation requires the prior approval of the DCJS and is only given in unusual circumstances. Any request for exemption must be submitted in writing to the DCJS. Permission to make sole source procurements must be obtained from DCJS in advance. I J. Acceptance of this grant award by a local government applicant constitutes its agreement that it assumes full responsibility for the management of all aspects of the grant and the activities funded by the grant, including assuring proper fiscal management of and accounting for grant funds; assuring that personnel paid with grant funds are hired, supervised and evaluated in accord with the local government's established employment and personnel policies; and assuring that all terms, conditions and assurances-those submitted with the grant application, and those issued with this award-are complied with. 12. Any delegation of responsibility for carrying out grant-funded activities to an office or department not a part of the local government must be pursuant to a written memorandum of understanding by which the implementing office or department agrees to comply with all applicable grant terms, conditions and assurances. Any such delegation notwithstanding, the applicant acknowledges by its acceptance of the award its ultimate responsibility for compliance with all terms, conditions and assurances of the grant award. 13. PROJECT INCOME: Any funds generated as a direct result of DCJS-grant funded projects are deemed project income. Project income must be reported on forms provided by DCJS. The following are examples of project income: Service fees; Client fees; Usage or Rental fees; sales of materials; income received from sale of seized and forfeited assets (cash, personal or real property included). 14. Prior to DCJS disbursing funds, the Subgrantee must comply with the following special conditions: a.) Submit a revised itemized budget and budget narrative. Move all excess funds over $32,500 to category #7 in the Itemized Budget form. (. ;)';~.:>j~.;.jA'j. . ':. .t' ':';!' ~":: .~, :, '\ , ~:, ~" {v1(,. '} '"./i.:;J' , -.. "/"'{" :' 7:::1 ,.' '~';::,j(;t),~.'i'" ,;t~~~ ~lJj4~.iI '...~. ":'H~'~' . '" ~.;v.;'. COMMONWEALTH of VIRGINIA Leonard G. Cooke Director Department o.fCriminal Justice Services NOTICE 1100 Sank Street Richmond. Virginia 23219 (804) 786-4000 TDD (804) 386-8732 To: Grants Project Administrator From: Janice Waddy, DCJS Grants Administrator Re: Post A ward Instructions and Reporting Requirements PLEASE READ VERYCAREFULLY. CJ GRANT A WARD AND SPECIAL CONDITIONS: Please review your Award and Special Conditions very carefully. Pay attention to the last Special Condition listed. This Special Condition may require additional documentation from you before grant funds can be released. Sign and date the grant award acceptance and submit any Special Condition documentation to: Grants Administration Department of Criminal Justice Services 1100 Bank Street, 12th Floor Richmond, Virginia 23219 CJ REPORTING REQUIREMENTS By accepting the accompanying grant award, you are agreeing to submit on-line quarterly progress and financial reports for this grant throughout the grant period, as well as final reports to close the grant. No eligible current recipient of funding will be considered for continuation funding if, as of the continuation application due date, any of the required Financial and Progress reports for the current grant are more than thirty (30) days overdue. For good cause, submitted in writing by the grant recipient, DCJS may waive this provision. Financial reports and progress reports are due no later than the close of business on the 12th working day after the end of the quarter (*except P APIS reports which are due by the end of the following month). Reports are required even if no expenditures have occurred during the quarter. Requests for Funds will not be honored from grant recipients who do not fulfill this reporting obligation. A schedule of due dates is also attached for your reference. Criminal Justice Service Board' Committee on Training' Advisory Committee on Juvenile Justice Advisory Committee to Court Appointed Special Advocate and Children's Justice Act Programs Private Security Services Advisory Board' Criminal Justice Information Systems Committee www.dcjs.virginia.gov "" a PROGRESS REPORTS Refer to our website: httl)://www.dcis.vire:inia.e:ov/ for submitting progress reports through the Grants Management Online Information System. In order to use this web-based system, if you have not previously done so, you must obtain a user name and password set up by DCJS Grants Administration, You are required to use the on-line system to submit your progress reports. a FINANCIAL REPORTS Refer to our website: httD://www.dcis.vire:inia.e:ov/ for submitting financial reports through the Grants Management Online Information System. In order to use this web-based system, if you have not previously done so, you must obtain a user name and password set up by DCJS Grants Administration. You are required to use the on-line system in reporting your expenditures. D REOUESTING GRANT FUNDS Refer to our website for requesting funds through the Grants Management Online Information System. In order to use this web-based system, if you have not previously done so, you must obtain a user name and password set up by DCJS Grants Administration. *Please note, you can access this system using the same password assigned for the on-line financial reporting system. Grant recipients must draw down tlte full grant award amount between June 15, 2009 and June 26, 2009. D BUDGET AMENDMENTS Budgets can be amended in most DCJS grant programs with prior approval. Please review your special conditions carefully to determine the requirements and procedures for amending budgets. Refer to our website for the Grants Management Online Information System. *Please note again that you can access this system using the same password assigned for the on-line financial reporting system. Paper copies o{tlte Budl!et Amendments will no lonl!er be accepted. You are required to use the on-line system for submittinf! budl!et amendments. If you have any questions, please contact Virginia Sneed bye-mail at virginia.sneed@dcjs.virginia.gov. genpgms. ) PROJECTED DUE DATES FINANCIAL & PROGRESS REPORTS Reports are due by the 12th workinJ! day following the close of the quarter covered in the report. Financialreports are required even if no expenditures have occurred QUARTER ENDING DUE DATE 6/30/2009 7/17/2009 9/30/2009 10/19/2009 12/3 1/2009 1 /21/201 0 3/31/2010 4/16/2010 6/30/2010 7/19/2010 9/30/2010 10/19/2010 12/31/20 I 0 1/20/20 II 3/31/2011 4/18/2011 6/30/2011 7/19/2011 Family Service of Roanoke Valley Page 1 , MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ROANOKE AND FAMILY SERVICE OF ROANOKE VALLEY THIS MEMORANDUM OF UNDERSTANDING ("Memorandum") is made and entered into the First day of July, 2009, by and between the CITY OF ROANOKE, and Family Service of Roanoke Valley ("Family Service"). For and in consideration of the mutual promises and obligations set forth in this Memorandum, the sufficiency of which is hereby acknowledged, the parties agree as follows: ARTICLE I PURPOSE The purpose of this Memorandum between the parties is to continue the City of Roanoke and Family Service of Roanoke Valley partnership designed to replicate the Across Ages model program in accordance with the grant award and Sta~ement of Grant Award Special Conditions (attached herein) as provided by the Department of Criminal Justice Services to the City of Roanoke and to Family Service of Roanoke Valley.' Across Ages programming will be v implemented by Family Service of Roanoke Valley staff for the targeted population as purchased services as described in the grant #1 Q-C5418JJ09. In its third year of the Department of Criminal Justice Services grant funded project, the goal is to engage 40 City of Roanoke youth (fourth through eighth graders) in the Across Ages program, during the grant award period of July 1, 2009 through June 30, 2010. Across Ages programming will include mentoring, service learning, life skills and family involvement to respond to Roanoke's Youth Comprehensive Plan: A Call to Action to build developmental assets and thereby reduce the likelihood of problem behaviors among our city's youth. ARTICLE II GOALS AND OBJECTIVES The City of Roanoke Across Ages proposal was written in response to the Roanoke Youth Comprehensive Plan's goal of boosting at least five developmental assets or protective factors by 2009, focusing on the least available developmental assets among our city's youth. Specific outcome objectives are to increase: access to constructive, creative activities after school; feeling valued by the community; having positive adult role models; family communications; the valuing of restraint; confidence in making healthy choices; and perceiving the harm of Family Service of Roanoke Valley Page 2 substances. These seven factors have been found to be protective among middle school youth, reducing the likelihood that the youth will engage in problem behaviors such as truancy, dropping out of school, substance use and sexual activity. The outcome objectives of the Across Ages program will be evaluated incorporating the required performance measures as identified by the Department of Criminal Justice Services. ARTICLE III OBLIGATIONS OF THE PARTIES The parties to this Memorandum agree that the following represents their respective obligations: A. City of Roanoke's obligations: 1. Serving as the fiscal agent for the Across Ages partnership project, the City of Roanoke's appropriate financial officer will submit the financial reports following the post award instructions and reporting requirements provided by the Department of Criminal Justice Services in accordance with the scheduled deadlines: October 19th, 2009, January 21,2010, April 16, 2010 and July 19, 2010. Financial reports are required even if no expenditures have occurred. 2. In accordance with the Grant Award budget, Family Service will be reimbursed for expenses incurred including personnel, training by Dr. Andrea Taylor, consultation costs, supplies, travel and fees paid to area after school programs to enroll the targeted population in after school care as appropriate with the total amount of purchased services to not exceed $65,000. Requests for reimbursement must be accompanied by copies of receipts andlor invoices specific to this program. Family Service shall also provide documentation verifying payment of staff costs. Payment will be made to Family Service within fourteen (14) days from date of receipt, subject to the approval of the City of Roanoke. The City of Roanoke reserves the right to refuse payment to Family Service in the event that Family Service submits a reimbursement request beyond the contract expiration date. B. Family Service of Roanoke Valley's obligations: 1. Family Service will provide the trained staff necessary to implement the Across Ages best practice methods for mentoring, service learning, leadership skill development and family outreach throughout the 2009-2010 school year unless the funding Family Service of Roanoke Valley Page 3 situation changes and finances no longer allow for such staffing. 2. Family Service will provide the appropriate administration for quality control of Across Ages through oversight by a qualified Program Manager. 3. Family Service will complete the program reports upon the forms required by the Department of Criminal Justice Services, such report form attached to this contract as exhibit "An, meeting expected deadlines in a timely manner paying due attention to accuracy and comprehensiveness requirements. Program reporting requirements will be met adhering to the deadline schedule: October 19th, 2009, January 21, 2010, April 16, 2010 and July 19, 2010. ". 4. Family Service will complete criminal background, DMV a~d child abuse registry. checks on its staff and will not hire anyone convicted of a felony and/or who is listed on the child abuse registry and no one with a reckless driving conviction or DUI will transport students. All staff will be required to have a current valid drivers' license and a vehicle with up-to-date inspections and registrations. 5. All Family Service staff will comply with the agency's risk management policies and procedures: using vehicles with current inspection stickers, buckling up all passengers, locking doors while transporting and avoiding cell phone use while driving and any other procedures the agency or local jurisdiction authorities deem appropriate to promote transportation safety. 6. Family Service agrees to follow and provide the services stated in the project" proposal. Such proposal is attached to this contract as exhibit "8" and made a part here of. 7. No students will go on a field trip unless parent permission has been obtained in advance. 8. No students will complete the evaluation surveys unless parent permission has been obtained using the approved Informed Consent Form with a parent Signature provided in advance of survey administration. Family Service of Roanoke Valley Page 4 9. Family Service of Roanoke Valley agrees to comply with the policies and procedures required by the funding source, the Department of Criminal Justice Services,as' presented in the general grant conditions and assurances regarding lobbying, debarment, suspension and other responsibility matters and drug.free workplace requirements. ARTICLE IV INSURANCE Family Service of Roanoke Valley shall obtain and maintain during the life of this Memorandum, the insurance policies required by this Article. Any required insurance policies shall be effective prior to the beginning date of this Memorandum. The following policies and coverage are in place: An umbrella liability policy following the form of the underlying primary coverage in a minimum amount of $1,000,000. Such coverage shall be accompanied by a certificate of endorsement and furnished by Family Service of Roanoke Valley to the CITY OF ROANOKE. Family Service of Roanoke Valley and its subcontractors, if any, involved in this Contract shall maintain the following insurance coverages with a quality company, written on an occurrence basis, issued by a company licensed to transact business in this State, during the life of this Contract, and shall furnish the City with certificates of insurance which shall also include insurance deductibles, if applicable. The certificates shall name the City and its officers, agents and employees as additional insureds, providing coverage against any and all claims and demands made by a person or persons whomsoever for property damages or bOdily or personal injury (including death) incurred in connection with the services to be provided under this Contract with respect to the Commercial General Liability coverage and the Automobile Liability coverage. With respect to the Workers Compensation coverage, Family Services' insurance company shall waive rights of subrogation against the City and its officers, agents and employees. A. Commercial General Liability: $ One Million $Two Million General Aggregate Limit (other than Products/Completed Operations). $ One Million Products/Completed Operations Aggregate Limit. Family Service of Roanoke Valley Page 5 $ One Million Personal Injury Liability (including liability for slander, libel, and defamation of character). $ One Million each occurrence limit (including liability for Contractual, and Owners and Family Services' Protective). B. Automobile Liability; $ One Million combined single limit with applicable endorsement to cover waste cargo. C. Workers Compensation and Employers Liability: Workers Compensation: statutory coverage for Virginia Employers Liability: $100,000.00 Bodily Injury by Accident each occurrence $500,000.00 Bodily Injury by Disease Policy Limit. $100,000.00 Bodily Injury by Disease each employee. D. The above limit amounts may be met by an umbrella liability policy following the form of the underlying primary coverage in a minimum amount of $ One Million. E. Proof of Insurance Coverage: 1. ~amily Service shall furnish the City of Roanoke with the required certificates of insurance showing the type, amount, effective dates and date of expiration of the policies. 2. The required certificates of insurance shall contain substantially the following statement: Should any of the above described policies be cancelled before. the expiration date thereof the issuing company shall mail 30 days written notice to City of Roanoke, Risk Manager, 215 Church Avenue, S.w., Room 506, Roanoke, VA 24011. The telephone number is (540) 853-1856. Family Service of Roanoke Valley Page 6 ARTICLE V INDEMNIFICATION Family Service of Roanoke Valley agrees and binds itself and its successors and assigns to indemnify, keep and hold the City and its officers, employees, agents, volunteers and representatives free and harmless from any liability on account of any injury or damage of any type growing out of or directly or indirectly resulting from any act or omission of in its Across Ages program: the failure, refusal or neglect of Family Service of Roanoke Valley to perform any duty imposed upon or assumed by Family Service under the terms of this Memorandum or any violation of Federal, State or Local law. In the event that any suit or proceeding shall be brought against the City of Roanoke or any of its officers, employees, agents, volunteers or representatives at law or in equity, either independently or jointly with Family Service of Roanoke Valley on account thereof, Family Service of Roanoke Valley, upon notice given to it by City Councilor any of its officers, employees, agents, volunteers or representatives, will pay all costs, including attomey's fees, of defending the City of Roanoke or any of its officers, employees, agents, volunteers or representatives in any such action or other proceeding. In the event of any settlement or any final judgment being awarded against the City or any of its officers, employees, agents, volunteers or representatives, either independently or jointly with Family Service of Roanoke Valley, then Family Service of Roanoke Valley will pay such settlement or judgment in full or will comply with such decree, pay all costs and expenses of whatsoever nature and hold the City of Roanoke or any of its officers, employees, agents, volunteers or representatives harmless therefrom. ARTICLE VI TERM AND EXTENSION OF MEMORANDUM Term. This Memorandum shall be from July 1, 2009 until June 30, 2010, subject to the termination rights of the parties as set forth in this Memorandum. Extension. This Memorandum may be extended for an additional one year term(s) by the written agreement signed by both parties sixty (60) days prior to the end of the current term. Family Service of Roanoke Valley Page 7 ARTICLE VII TERMINATION Termination: This Memorandum may be terminated by either party at any time, for any cause, or no cause, upon sixty (60) days written notice signed on behalf of either party. ARTICLE VIII NOTICE Notice. Any notice, request, or demand given or required to be given under this Memorandum shall, except as otherwise expressly provided herein, be in writing and shall be deemed duly given only if delivered personally or sent by certified mail, return receipt requested to the addresses stated below: To City of Roanoke Designee: Darlene Burcham City Manager 215 Church Avenue SW Roanoke, VA 24011 To Agency Representative: Family Service of Roanoke Valley John F. Pendarvis, President and CEO 360 Campbell Ave SW Roanoke, VA 24016 Notice shall be deemed to have been given, if delivered personally, upon delivery, and if mailed, upon the third business day after the mailing thereof. ~, Family Service of Roanoke Valley Page 8 ARTICLE IX MISCELLANEOUS ComOliance with the Law. Family Service of Roanoke Valley agrees to comply with all local, state and federal laws as the law currently exists or may exist in the future during the term of this Memorandum. Assicmment. The provisions of this Memorandum are for the exclusive benefit of the parties hereto and not for the benefit of any third person, nor: shall this Memorandum be deemed to have conferred any rights, express or implied, upon any third person unless otherwise expressly provided for herein. Captions and HeadinQs. The section captions and headings are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of this Memorandum. Severabilitv. The invalidity, illegality or unenforceability of any provision of this Memorandum as determined by a court of competent jurisdiction shall in no way affect the validity, legality or enforceability of any other provision hereof. Waiver. No failure of any party to insist upon strict observance of any provIsIon of this Memorandum, and no custom or practice of the parties at variance with the terms hereof, shall be deemed a waiver of any provision of this Memorandum in any instance. Governino Law. This Memorandum shall be governed by and construed in accordance with the law of the Commonwealth of Virginia. Entire Aoreement. This Memorandum represents the entire integrated agreement between the parties and supersedes all prior negotiations, representations or agreements, either written or oral. This Memorandum of Understanding shall not be amended or modified except by written instrument signed by the parties. Signature of Agency Representative Identified Above: -;/.d- /2~ t r Date: 7 k/~9 I ( Family Service of Roanoke Valley Page 9 Signature of City of Roanoke Representative: Date: Family Service of Roanoke Valley Page 10 Attachment "A" DOJ Quarterly Report Forms /] Quarterly Progress Report Department of Criminal Justice Services 202 North 9th Street Richmond, Virginia 23219 Subgrantee: Grant Number: Project Title: Date of Report: Grant Period: I To: Final Report? Yes I:) No 0 Date Project Completed: I Report Period Ending: 9/30 Q 12/31 Q 3/31 0 6/30 0 Program Administrator: Project Director: Progress reports are required as part of the program reporting requirements of the Department of Criminal Justice Services. Programs such as the School Resource Officer, LETPP, CASA and others have special reporting forms. Please refer to guidance from your DCJS grant monitor for specific reporting requirements. The report should include: I. Prol!ram Activities and Issues Describe in narrative forin the program of your project during this reporting period. If this is a final report, the report should be cumulative as well. A. Make reference to the project workplan describing any activities relative to the achievement of objectives. Explain any changes in projected activities and workplan time frames. B. Integrate within the narrative an analysis of the data presented on the Evaluation Report Fonn as it supports the achievement of objectives. II. Workplan Status Reoort Complete the Quarterly Workplan Status Table. Under the "Objective" column, list each grant objective. Under the "Activity Documentation" column, briefly describe the progress made toward implementing each objective during this reporting period. Provide any relevant evaluation documentation and data. Under the "Status of Activities" column, l~st the status of each objective or activity as initiated, ongoing, partially completed, or completed. III. Evaluation Plan Reoort Enclose a form/narrative for reporting data you have collected as part of the evaluation process. Please refer to the program guidelines for requirements. To submit your quarterly progress report, you are required to use DCJS' Grants Management Infonnation System (GMIS) Online, a web-based system. To access GMIS Online, you must obtain a user name and password from DCJS Grants Administration via e-mail at GrantsWeb@dcis.virginia.gov Reports are due by the 12th working day following the close of the quarter covered in the report. Progress reports are required even if no activity occurred. To submit progress reports online through the Grants Management Infonnation System (GMIS), refer to the GMIS Online Manual http://www .dci s. virginia.gov/l!rantsAdmin istration/ gmis/index.cfm?menuLevel=4 Rev 07/07 ~ f-o ~ 6 E=: <: f-< ~ ~ :::> u o Q Q Z .....:l ~ <: <: ~ ;::l =- ~ E- U =: 1< '" 0 ~ @ ~ ~ ~ t.-' 0 Q =: Q ffi =- ~ ~ ~ c. ~ >.oJ ~ '\ >- E- - > ~ >- ~ U I ~ (.I.l ~ > ~ E=: 0 <: u @ lJJ >.oJ f- >-0 f- <: ~ <: E- o U v:l ~ ;>; ~ f-o - ....J 0 <: 0 ~ ~ j c. .....:l '- Family Service of Roanoke Valley Page 11 Attachment "B" Project Proposal .. Grant APPliccroOI~ Ii Department of Criminal Justice Services, 202 N. Ninth Street, Richmond Vir inia 23219 I Grant Program: JJDP Delinquency Prevention Grant Program I Congressional 6 Congressional I I Oistrict(s) I District _j I Applicant: I City of Roanoke Faith Based 0 Yes X No .. Or anization? I Applicant Federal 10 54-60011569 . Best Practice? X Yes No Number: I I ~ Jurisdictiontl Ciy of Roanoke: 24011124012124013/24014,24015/24016,24017124018)24019 I 'I Served and Zip I I Codes: I Program Title: I JJOP - Across Ages in the City of Roanoke I I Grant Period: July 1, 2009 - June 30, 201 0 ~ I Type of Application: New X Continuation of Grant Number 09-B5418JJ07 DRevision of Grant Number Title: . . I Cheryl W. Hartman, Ph: D. I Darlene Burcham ~ector, Youth Development-rity Manager . Family Service of Roanoke Valle ~ 360 Campbell Ave SW 215 Church Ave SW Roanoke, VA 24016 Roanoke, VA 24011 540-853-2333 540-853-1138 darlene.b am Director of Finance j ~ Address: 215 Church Ave SW Roanoke, VA 24011 I Phone: Fax: E-Mail: 540-853-2824 540-853-2940 ov ~n.shawver@roanokeva. ov Si nature 0 Pro 'eet Administrator: . . Across Ages in the City of Roanoke will continue into ear III to use mentoring, service learning, life skills and family involvement to respond to Roanoke's Youth Comprehensive Plan: Call to Action to build such developmental assets as school bonding, access to positive adult role models, valuing restraint and getting positively engaged in one's community and improving family relationships. The impact of building these protective factors will be studied in relation to preventing substance use and school dropouts. This evidence-based program will be implemented by Family Service of Roanoke Valley in collaboration with various after school programs, in order to reach at least 40 high risk youth (either truants or relatives of incarcerated individuals or youth otherwise at high risk of dropping out of school). State Personnel I ~ $65,000 I $32,500 $97,500 Consultants I I -i t-1 Travel I Equipment J I $65,000 t2'~0 I Supplies/Other W:ndirect Costs ~ - $97,500 ~ L Total Requested I Table of Contents DMUM~ft~~ ~~quired for the Qont;nua!;on Appl~cat;on from the ~;ty of ~oanoke Por Across Ages Face Sheet.......................... 0............... .. 0..000.0.00................ 00....0.. Page I Table of Contents.... .... .......... ... 0...' .... .................... ...................... Page 2 Itemized Project Budget for New Grant Period..................................... Page 3 Budget Narrative ........... . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . , . . . . . . . . . . .. Page 6 Project Narrative......................,....................,.................. 0.......... Page 9 Baseline data and evaluation data to date ...... o. . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . .... Page 12 Program W orkplan 0.................... 0.. .... .. .. .... .. . . . . . . . . . 0 ...0.. . . . 0 . . . . . . . . .... Page 18 Performance Measures for Mentoring - Program Area #21 ................,...... Page 19 General Grant Conditions and Assurances.... 0.00.... .............................. Page 28 Certifications Regarding Lobbying, Debarment etc............... 0.............. 0 . Page 33 Letters of Support... . ................. 0" 0........ 0.............. ....................... Page 35 -2- v JTEMIaIiD'BOO8R1Jj~~~~I'''*-~~!.}t_~l.~f~_'~~.I~L~I~'''''~~N.;-r;~~~~~~~?,~,.."~:,!;;",,,-.,,... ,'.. . . ~ . ' . ""':',"',,';'~"-_ ","\' "', .o;;v",-:'::";~.,:,-:":..-;-,,,.,...:..;;..~;..:...,-,......:,,.,:;",:.....~J" .T._ ,..... ....., ,......,'. 1. Personnel/Employees DCJS FUNDS APPLICANT MATCH TOTAL . Position Annual Hours a. Name of Employees Titles Salary Rate Devoted FEDERAL STATE CASH IN-KIND $0 $0 $0 ~O $0 $0 TOTAL $0 $0 $0 $0 $0 b. Fringe Benefits $0 FICA % = $0 RETIREMENT" $0 OTHER (Itemize) = $0 TOTAL $0 $0 $0 $0 $0 TOTAL PERSONNEL (A+B) $0 $0 $0 $0 $0 2. Consultants (Including Travel and Subsistence) "r":" . DCJS FUNDS APPLICANT MATCH TOTAL FEDERAL STATE CASH IN-KIND a. Individual Consultants Type Evaluation $50/hr $0 Hours Devoted: 60 hours $2,500 $500 $3.000 TOTAL $0 $2,500 $500 $0 $3,000 b. Oraanizatlons and Associations Type: After school partners $588/child X 60=$35280 $9 280 $26,000 $35,280 Fee: $588/child X 60 = $35,280 Family Service of RV Time devoted: Pr Dr 450 hrs proj Dir $28.50fhr $9,000 $3,825 $12,825 Program Coord 1950 hrs prog coord $16.50/hr $20,000 $12,175 $32,175 Prev.SDecialist 1950 hrs Prev Speci $13.00/hr $16,204 $9,146 $25 350 Accountant 500 hrs Accountant $15.oolhr $6 000 $1,500 $7,500 Mentors 1440 hrs Mentors $17.50Ihr $25,200 $25,200 Materials supplied $4,920.00 $4,920 $4 920 TOTAL $0 $60,484 $57,566 $25,200 $143,250 c. Consultants' Subsistence I Number of Days: $0 Rate/Dav: Service leamin. .421mi X 2400 $0 Mentors' travel .42 X 2400 r. 'TOTAL $0 $2,016 $0 $0 $2,016 TOTAL CONSULTANTS Ca+b+c:) $0 $65 000 , $58,066 $25,200 $148,266 '.1 - -) - dcjlHlXc:ol-1212001 ~ \.1 3. Travel and Subsistence for Pro ect Personnel DCJS FUNbs FEDERAL STATE APPLIcANT MATCH CASH IN-KIND TOTAL x $0 $0 $0 '~;<' , -, r .... '~':r' :f,;~1 't.:;,~ . ..,,~;~fJI!llfrlrt:':)!i:l:'n,: 'J.t! li:ll',.1 $0 $0 $0 $0 $0 I x c. x d. Air or oIher fares 4. E ul ment DCJS FUNDS APPLICANT MATCH TOTAL Type Purchase or Quantity Unit Price Rental FEDERAL STATE CASH IN-KINO $0 $0 $0 TOTAL EQUIPMENT: $0 $0 $0 $0 $0 5. Supplies and Other Expenses DCJS FUNDS APPLICANT MATCH TOTAL FEDERAL STATE CASH IN-KIND Type Quantity Price 1 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 ,. ' . ".. '. TOTAL SUPPLES AND OTHER: $0 $0 $0 $0 $0 6. Indirect Cost DCJS FUNDS APPLICANT MATCH TOTAL FEDERAL STATE CASH IN-KIND I I $0 I; .' eo.,." '!:/';':,"",' .... .',>. . ,"".': :',::. ;""">',:....,.."'.'.'h .... ..:' '. . .""; . TOTALINDIREC1:COST:'h $0 $0 $0 $0 $0 GRAND TOTAL:': .:< $0 $65,000 $58,066' $25,200 $148.266 7. Cash Funds . I ~ "" .. cilSll funds from sOllces other than grant program supporting tnlS project. (ItemIZe) .. Do nol add to requested Project Budget Summary accounts.) . Vniled Way of Roanoke Valle\ (Familv Service Cash Match) $32,066 $32,066 After school oroarams' orivate donations SUDDOr! $26,000 $26,000 TOTAL: $58,066 $58,066 - 5"- D~..,.o 1 "f 1 "",..;.. ............1 ~'"'J')f'\n.. Across Ages in the City of Roanoke BUDGET NARRATIVE The following costs were determined to honor the goal of frugality and program quality. The City of Roanoke will continue to contract services with Family Service of Roanoke Valley as the professional provider of the prevention program entitled Across Ages in the City of Roanoke. Family Service is a private, not-for-profit agency who has provided human services in the City of Roanoke for 107 years. During the past twelve years this agency has specialized in youth development and prevention programming applying the best practices of service learning, mentoring and prevention-focused life skills development among Roanoke City's youth. This expertise provides justification for purchasing the professional services of Family Service of Roanoke Valley. 1. Personnel/employees - City of Roanoke is the fiscal agent and project administrator for the project, which will be implemented by Family Service of Roanoke Valley on a purchased professional services basis. 2. Consultants: a. For individuals to be reimbursed for services on a fee basis, list each type of consultant or service, the proposed daily fee rate,.and the amount of time to be devoted to such services: Dr. Lydia Marek will provide the evaluation consultation required in the evaluation plan in Year III of Across Ages. The youths' pretests and posttests will be analyzed to identify improvement in relation to the outcome objectives of the project. Costs are calculated as a deliverable per the evaluation contract Analyses will be completed for a total cost of $3,000 Total to be funded by DCJS Amount of cost to be covered by Family Service (cash match) (Cash match comes from United Way of Roanoke Valley) b. For organizations, including professional associations and educational institutions. performing professional services, indicate type of services being performed and the estimated contract price. Family Service is the organizational consultant through whom the following services would be purchased, including the subcontracted services from the after school program partners. To implementAcross Ages the model calls for adequate staffing to provide social competency sessions weekly, service learning weekly, one-on-one mentoring on a weekly basis and monthly family activities. To adequately staff Across Ages 1 FTE is recommended at the least per 25 youth. In Roanoke the target is to reach 60 youth and the following staffing structure would be made possible by the proposed budget. $2,500 500 .-(p- Family Service of Roanoke Valley would staff Across Ages as follows: Project Director (salary and benefits) $28.50/hour X 450 hrs = $12,825 Amt funded by DCJS Prevention Grant = $ 9,000 Amt funded by United Way monies 3,825 (cash match) Program Coordinator (salary + benefrts)16.50/hr X 1950 hrs = $32,175 AMt fu~dM by DCJg Pr~v~~tio~ Qfant = C20,OOO Amt funded by United Way monies 12,175 (cash match) Prevention Specialist (salary+benefits) $13.00Ihr X 1950 hrs = $25,350 Amt funded by DCJS Prevention Grant =$16,204 Amt funded by United Way monies 9,146 (cash match) Accountant (salary+benefits) $15.00Ihr X 500 hrs = $7,500 Amt funded by DCJS Prevention Grant $ 6,000 Amt funded by United Way monies 1,500 (cash match) Total to be funded by DCJS for Family Service staffing = $51,204 Family Service's cash match total for staffing costs = $26,646 (Cash match comes from United Way of Roanoke Valley) After school (AS) oroaram oartners (3 program partners) would provide the after school setting where Across Ages will occur, providing on site supervision (West End Center, the Presbyterian Community Center and Apple Ridge Farm). Each of the partner sites spends approximately $588 per child for the weekly social competency + weekly service learning + monthly family night out events X 30 weeks of the school year, which is 36 weeks long - allowing for first 5 weeks of start up time and ending one week before school ends). $588/youth X 60 youth to estimate total cost of after school care = Amt funded by DCJS Prevention Grant = Amt funded by after schools' resources (cash match) Mentors - volunteers (in-kind match) Across Ages involves linking mentors with youth one-on-one 60 mentors X 4hr/month X 6 months = 1440 X $17.50 = Amt funded by DCJS Prevention Grant = Amt contributed in-kind = SUPPLIES (averaaes $82/child X 60 children) Supplies to be purchased by Family Service of Roanoke Valley: Service learning supplies (60 service projects X $15 each) = Postage ($20/month X 12 months) Telephone ($85/month X 12 months) Social competency booklets for 60 children ($22.50 X 60) Copying/correspondence supplies Total for materials Amt funded by DCJS prevention grant = Amt funded by Family Service (cash match) = (Cash match comes from United Way of Roanoke Valley) - 7- $35,280 $ 9,280 $26,000 $25,200 o $25,200 1900 240 1020 1350 410 4,920 o $4,920 c. Travel and subsistence. FSRV staff mileage for service learning outings 60 X 2 milweek X 20 trips = 2400 X .42 Mentors' mileage 60 X 2 mi/week X 20 trips = 2400 X .42 Total Family Service's subsistence and travel Amount funded by DCJS for travel & subsistence 1,008 1,008 2,016 $ 2,016 TOTAL REQUESTED OF DCJS: $65,000 - S" PROJECT NARRATIVE FOR CONTINUATION APPLICATION FOR 2009 - 2010 Department of Criminal Justice Services 202 North 9th Street Richmond, Virginia 23219 Subgrantee: City of Roanoke Grant Number: 09-A5418JJ07 - Project Title: JJPD - Across Ages in City of Roanoke Date of Proposal: 4/13/09 Proposed Grant Period: To: Final Report? Yes 0 No X July 1,2009 June 30, 2010 Date Project Completed: June 30,2010 I Project Narrative for Continuation Application for 2009 - 2010 Program Administrator: Darlene Burcham Project Director: Cheryl Hartman, PhD I. Prol!ram Activities As Implemented to Date for Across A2es in the Citv of Roanoke The City of Roanoke in 2009-20 10 again plans to purchase services from Family Service of Roanoke Valley to implement the Across Ages SAMHSA model prevention program in conjunction with three aJter-school program partners (the Presbyterian Community Center, the West End Center and Apple Ridge Farm's Aspire 2016 program) targeting middle school students. Referrals will continue to be made by Roanoke City Public Schools oftmant students, for enrollment in Across Ages. The continuation proposal plan is to expand enrollment in Across Ages from 40 to 60 students. AU four required elements of the program model will again be replicated: social compctency (or life skill training), service learning (linking students with service projects that benefit the community), family night out events (held on a monthly basis) and mentoring. Program implementation for Years I and II has been on schedule and the program goals and objectives have been met as documented in the attached evaluation report. Family Service's staff and community partners completed the appropriate training to learn how to replicate Across Ages from the person who developed the program, Dr. Andrea Taylor of Temple University. To date 48 youth have been involved, exceeding the goal of 40 students. An evaluation study has been completed for the City of Roanoke's Across Ages program in Year I (2007 - 2008). In summary, in Year I the project met its objectives as revealed in the Performance Measures on number of youth served (at 90%), perception of harm of substance use, knowledge of substance use and suppressing the use of substances among the youth who completed the project. School attendance improved for two sites and the truancy objective was documented as achieved at aU three sites. Overall, the family relationships and social competence improvement objectives were also achieved. Most of the exceptions to improvement were due to a ceiling effect. The Presbyterian Community Center had some areas that did not achieve improvement like valuing restraint in using cigarettes and in their level of absenteeism. Improving parental commitment to high school attendance rates is a goal for 2009- 2010. Mentor recruitment for the Presbyterian Community Center has been intensive and has already resulted in a higher level ofmentoring relationships for 2008-2009. The goal in Across Ages in Years II and III is to continue these mentoring relationships, problem- solving life skill sessions, family night educational events and service learning to enhance school attendance and the valuing of substance use restraint even further, building on the successful achievements found in Year L Enrollment in Year II has exceeded the performance measure target of 40 students with 48 youth enrolled and 45 who regularly participate. The biggest challenge of the Across Ages approach is recruiting sufficient mentors. The youth are connected with senior citizens regularly at their service learning sites (at least monthly), but to date our six staff supplement the volunteer mentors who have been recruited. One-an-one mentoring has only been achieved for 75% of our students. The mentors are meeting at least twice a month with their mentees for c - i- Rev 07/07 mentoring activities. Mentors are recording times they have spent together and report that information to the mentoring coordinators. Family outreach programs have been offered regularly, including monthly meetings with parents that include the children and community events like the special "ALL Can Achieve the Dream" program, involving the whole family and featuring inspirational speakers on Martin Luther King Jr Day. There were approximately 120 persons in attendance. Families will also be invited to participate together in service learning on April 25th, Global Youth Service Day, when 25 different service projects will be offered. Social competency lessons are being taught weekly at the after-school program sites. During Year II there have been 45 (of the 48 enrolled) students who have participated regularly in the Across Ages life skills sessions and each of the four program components, All students have obtained the appropriate permission with signed paperwork from their parents/guardians, allowing for participation in the program and its activities. Service learning activities take place at least twice a month and have included visits to the Raleigh Court Health Care Center and Morningside Manor (both places house senior citizens in need of companionship). Students received special sensitivity training on how to relate to the elderly. Other 'projects have included outreach to animals, preparing Family Night Out activities, planning activities for younger children at the centers, preparing a photography exhibit for the "ALL Can Achieve the Dream" event on Martin Luther King Jr Day and planning and designing service projects for families to complete on Global Youth Service Day, April 25th,2009. The only major challenge facing Across Ages is the difficulty encountered in recruiting sufficient mentors so that 100% of the children can have one-an-one mentoring. Family Service's staff, high school students and area college students are filling the gap for needed mentors. New partnerships with the Roanoke Valley Chamber of Commerce's Leadership Roanoke Valley program and additional faith-based groups are broadening the base for mentor recruitment. These recruitment efforts will be continue,d into 2009-2010. A particular interest has been identified in recruiting career mentors for Across Ages youth. It is hoped that a summer career day at Apple Ridge Farm will serve to introduce career goals to the students and might serve as a vehicle for attracting more mentors who can serve as career mentors. II. Goals. obiectives. activities and evaluation for 2009 - 2010 The City of Roanoke Across Ages project will continue in 2009 - 20 I 0 to measure the required outputs and outcomes for Program Area #21 on Mentoring. Regarding number of youth served, the objective will continue to expand such that Family Service will serve 60 youth in the Across Ages project, an expansion of 50% from 40 students in 2008-2009. The goals ofthe City of Roanoke Across Ages project remain the enhancement of protective factors and the reduction ofrisk factors related to the problem behaviors that threaten the welfare of Roanoke's youth: alcohol, cigarette and marijuana use, sexual activity, and truancy. Across Ages is an evidence-based program model that has been found to effectively improve youths' developmental outcomes. Family Service staff will continue to work with the variou~ community partners to sponsor each of the required activities that comprise the Across Ages model: social competency skill building, family strengthening monthly activities, service learning for the youth, and mentoring. The specific, measurable objectives of the City of Roanoke's Across Ages project will continue to be to strengthen school, community, family and individual protective factors and to reduce the individual risk factor of low perception of harm of substance use and the school risk factor of low school bonding. As a result of these impacts on multiple protective and risk factors, the hypothesis of impact is that problem behaviors among youth will consequently be less likely. The perfarmancemeasures that will be monitored align with the Mentaring Program Area #21 in the logic model. -10- Rev 07/07 To evaluate the following objectives a pretest survey and posttest survey have been designed with input from Dr. Taylor, the program model trainer, and from an evaluation consultant from Virginia Tech, Dr. Lydia Marek. The following objectives will be evaluated using the indicators required of MentoTing Programs that fall in Program Area #21 (see attached chart of Title II Formula Grant Program Performance Measures PA 21: Mentoring - Output and Outcome Performance Measures). Output Measure #11: Number of program youth served (documenting number of program youth carried over from the previous reporting period plus new admissions) Outcome Measure 3a - Substance Use: number and percent of program youth who exhibited a decrease in substance use during the reporting period on tobacco, marijuana, alcohol, cocaine and other drug use (short teoo) from pretest to postlest using self-reports Outcome Measure 3c - Family relationships: number and percent of program youth who exhibited an improvementin family relationships during the reporting period from pretest to posUest using self- reports (short term) Outcome Measure 3e - School attendance: number and percent of program youth who have exhibited an increase in school attendance using school records (# and % of program youth keeping absenteeism below 4 misses per nine weeks on average per report card records) and using self- reports to calculate number and % of youth avoiding truancy (per self-report on survey); comparisons on truancy will be made with peers who completed the citywide Youth Risk Behavior Survey for self-reported truancy levels (short term: while in program). Outcome Measures 3f - Social competencies: number and % of program youth who exhibited change in self-report on valuing restraint from using substances, relating positively to mentor (adult role model), commitment to learning (attitudinal measure), interest in civic engagement (feeling valued by the community as a resource through service projects), and on having the confidence to make healthy choices (per survey responses using pre and post tests). Outcome Measure 4 - number and percent of program youth completing program requirements compared to the number of youth who exited the program (both the numbers successfully and unsuccessfully completing the required program components). These data will be collected for the final evaluation report. Pretests will again be completed by the end of October. Posttests will be administered by May 31st. Analyses will be conducted and reported by the evaluation consultant, Dr. Lydia Marek. There will be no substantive changes in 2009 - 2010 in the City of Roanoke's Across Ages project, except the planned expansion to 60 middle school students. .- \\,. Rev 07/07 Baseline and Evaluation Data for Across Ages in the City of Roanoke Evaluation Included Annual Performance Measures for MentoTing (Area #21) Grant number: 08-A5418JJ07 for 2007 - 2008 Grant period to date: July 1, 2007 - June 30, 2009 Report activity: July 1,2007 - June 30, 2008 (Year I) ... Evaluation for Year II is underway; posttests need to be administered Evaluation for Year I is the most recently completed evaluation study PERFORMANCE MEASURES FOR PROGRAM AREA #21 (MENTORING) FOR ACROSS AGES IN THE CITY OF ROANOKE Output Performance Measure;... Required for Program Area #21: Mentoring NUMBER OF YOUTH SERVED FOR YEAR I: 36 The objective for the Across Ages program in the City of Roanoke in 2007 - 2008 was to serve 40 youth in the Across Ages 2007-2008 Year I project. 90% of the objective was achieved with 36 students participating in Across Ages in the City of Roanoke during Year I. Although 42 students were enrolled, 36 students completed the "minimum level" considered to be an adequate dosage of the program elements of life skills + mentoring + service learning + family involvement (a minimum threshold is 25 hrs of participation). Of these 36 fourth through eighth grade participants in Across Ages in the City of Roanoke, 32 completed matching pre and post tests for the evaluation described below. An evaluation study has been completed for Year I of the Across Ages project. In Year II 48 students were enrolled and 45 have completed the minimum dosage of the four components of this evidence-based program model. The evaluation study of Year II of Across Ages will be reported in the November 2009 annual performance measures study. Number and Percent ofProl!:ram Youth Exhibitinl!: Desired Chanl!:e in Tarl!:eted Behaviors In Year I of Across Al!:es in the City of Roanoke To evaluate objectives regarding desired change a pretest survey and posttest survey were designed with input from Dr. Taylor, the program model trainer and from an evaluation consultant, Dr. Lydia Marek of Virginia Tech. Pretests were administered in the Fall of 2007 and posttests after May 2008. . A - Substance Use Performance Measures of goal to improve pro-social behavior and knowledge related to preventing tobacco, alcohol and marijuana use A-I Perception of Harm of Substance Use Objective: objective was to increase Youths'/children's Perceotion of Harmful Effects (increases in bold) After school sites Pretests (baseline data) Posttests Tobacco Alcohol Mariiuana Tobacco Alcohol Marijuana West End Center (N=IO) 60% 40% 60% 60% 100% 80% Presbyterian Community Center 33% 42% 75% 58% 75% 83% (N= 12) Apple Ridge's Hurt Park 10% not 20% 90% not 80% (N=10) " asked asked - i1- A-2 Knowledge about Substance Use: # of items at least 80% of students got correct (scale had 14 items): objective was to increase the number answered correctly by children/youth at all three sites assessing knowledge about substance use Chart on Number of Items Across A es Students Answered Correct! on Substance Use After school sites Pretests baseline data) Posttests West End Center =10) 2 13 Presbyterian Community 6 14 Center =12) Apple Ridge's Hurt Park 0 10 (N=IO) Objective regarding in(reasing knowledge about substance use was achieved at all three sites of Across Ages. The following charts detail the improvements per item on knowledge about substan(e use. Table for West End Center: Knowled2e about Substance Abuse eN = 10) Item Answer Pre- Post.. Diff Correct Correct Children under aile 12 cannot become addicted to dru2s False 40 100 +60 Sometimes smokin2 mariiuana causes a feeline of panic True 60 80 +20 A person who has smoked marijuana can drive a car as well False 100 100 +0 as a person who has not smoked marijuana You cannot J;let addicted to crack False 60 100 +40 You cannot ~et AIDS from sharine drufl. needles False 60 100 +40 Cocaine can cause heart failure True 60 100 +40 Mariiuana destroys brain cells True 100 100 +0 Alcohol is a stimulant. False 60 100 +40 Ci2arette smokinll causes tar to build in the lun!!:s True 60 100 +40 Marijuana is also called "meth" False 20 100 +80 U sing a lot of cocaine over a short period of time can make True 60 80 +20 vou feel really down AmDhetamines are also called downers False 0 100 +100 More people use marijuana than use alcohol False 0 60 +60 Alcohol has no effect if yOU smoke mariiuana at same time False 60 100 +40 Table for Presbyterian Community Center: Knowledee about Substance Abuse (N=12) Item Answer Pre- Post- Diff Correct Correct Children under age J 2 cannot become addicted to dru2s False 83 100 +17 Sometimes smokinJZ marijuana causes a feeling of panic True 75 83 +8 A person who has smoked marijuana can drive a car as well False 75 100 +25 as a person who has not smoked marijuana You cannot get addicted to crack False 58 100 +42 You cannot eet AIDS from sharinll droll needles False 75 100 +25 Cocaine can cause heart failure True 83 100 +17 Marijuana destroys brain cells True 83 100 +17 Alcohol is a stimulant. False 100 ]00 +0 Cigarette smoking causes tar to build in the lungs True 83 100 +17 - i'3- Marijuana is also called "meth" False 58 100 +42 Using a lot of cocaine over a short period oftime can make True 75 83 +8 YOU feel really down Amphetamines are also called downers False 33 100 +67 More oeople use marijuana than use alcohol False 58 100 +42 Alcohol has no effect ifvou smoke mariiuana at same time False 83 100 +17 Table for Hurt Park: Knowlede:e about Substance Abuse scale responses (N = 10 Item Answer Pre- Post- Diff Correct Correct Children under asze 12 cannot become addicted to dro~s False 40 100 +60 Sometimes smoking mariiuana causes a feeling of panic True 10 30 +20 A person who has smoked marijuana can drive a car as well False 40 100 +60 as a nerson who has not smoked mariiuana You cannot get addicted to crack False 30 100 +70 You cannot get AIDS from sharine droll needles False 30 100 +70 Cocaine can cause heart failure True 40 100 +60 Mariiuana destroys brain cells True 20 80 +60 Alcohol is a stimulant. False 30 80 +50 Cigarette smokin~ causes tar to build in the lune:s True 10 90 +80 Marijuana is also called "meth" False 0 70 +70 Using a lot of cocaine over a short period oftime can make True 10 20 +10 vou feel really down Amphetamines are also called downers False 0 90 +90 More people use mariiuana than use alcohol False 0 50 +50 Alcohol has no effect if you smoke marijuana at the same False 10 90 +80 time Objedive of increasing knowledge about substance use was achieved at all 3 sites. A - 3 Performance Measure on Use of Substances in Past 30 Days Ob. edive was to decrease ast 30 da use of alcohol and other dru After school sites Pretests Alcohol Other dru s s 20% 0% 0% 0% A Ie Rid e's Hurt Park (N=10 0% 0% 0% 0% Reported substance use decreased from 2006-2007 to 2007-2008 for alcohol; use of other drugs was reported as 0% at all three sites. Objective was met for alcohol. C - Family relationships: improving pro-social behavior (# and % reporting improvement from pretest to posttest (How often do you praise your child for a job well done at home? Answer tallied: highly frequently) Pretest WEC (N = 10) 60% PCC (N == 12) 60% Apple Ridge Hurt Park (N= 10) no data Objective was acbieved according to data collected. Posttest 80% 70% 100% reported improvement - Ilt- E - School attendance: improving pro-social behavior (# and % of program youth keeping absenteeism below 4 misses per nine weeks on average per report card records, objective = 75%); # and % of youth avoiding truancy (per self-report on survey) below the citywide median for peers' self-reported truancy level which was found to be 19% in the 2007 Roanoke City Youth Risk Behavior Survey. E - 1 School attendance: Percent of Students Missin Fewer than 16 Da sNr 2006 - 2007 2007 - 2008 No data 90.0% 62.5% 62.5% 80% 100% Fewer than the objective of 75% met the objective of keeping their attendance sufficiently high (averaging four misses odess per nine weeks) at the Presbyterian Community Center. The attendance objective was achieved at the West End Center. The objective was also achieved at Hurt Park School's Across Ages site. The evaluation challenge is getting cooperation from the schools to obtain the data needed. E - 2 Truancy self-report baseline data from 2007 - 2008 West End Center (N=10) 10% reported skipping school in past month Presbyterian Community (N=12): 17% reported skipping school in past month Apple Ridge's HurtPark (N=O) skipping is not reported Figures for Across Ages Middle School Sites are below the citywide survey among all 6th & 8th grade students in Roanoke City Public Schools = 19% of Across Ages' peers reported skipping school in past month. The truancy objective for Across Ages was achieved, since the participants reported truancy was lower than the level reported by their peers. F - Social competencies: improving pro-social behavior (# and % of program youth exhibiting change in valuing restraint from using substances, relating positively to mentor (adult role model), commitment to learning (attitudinal measure), civic engagement (feeling valued by the community as a resource through service projects), and having the confidence to make healthy choices (per survey responses using pre and post tests). F - 1 objective was to increase "has a positive relationship with adult mentor" Across A es' Results on Re ortin a Positive Relationshi with An Adult Mentor After school sites Pretests Posttests West End Center = 10) 40% 80% Presb erian Communi Center (N=12) 75% 83% A Ie Rid e's Hurt Park School (N=lO 80% 100% Objective was MET. -IS- . F - 2 objective was to increase children/youths' responses on "values a good education (plans to go to college or further)" AcrossA es' Results on "Valuin a Good Education and Plannin to Go to Colle e" After school sites Pretests Posttests West End Center (N=10) 80% 100% Presb er~an Communi! Center =' 12 5RlVo 5RlVo A Ie Rid e's Hurt Park School (N=1O 30% 100% Objective was MET at West End Center and at Apple Ridge's Hurt Park School, this factor did not change at the Presbyterian Community Center. helping others is an ation in Civic Activities and Hel in Others Pretests Posttests 60% 80% 42% 75% .30% 70% Considerin 0 tions Posttests JOO% 75% 90% usually or always" Posttests 60% 58% 100% F - 6 objective was to increase "values restraint from using substances: would definitely refuse" Across Alles' Results on Valuine; Substance Use Restraint After school sites Pretests Posttests to bacco alcohol 'marijuana tobacco alcohol marijuana West End Center (N= IO) 100% 80% 100% 100% 100% 100% Presbyterian Community 71% 86% 100% 71% 100% ]00% Center (N = 12) Apple Ridge's Hurt Park 50% 50% No data 90% 90% No data School (N :::; 10) collected collected .. ,"'- Objective was MET at all three sites for alcohol refusal (restraint) skills. No room for improvement in marijuana refusal skills for these students (100% were confident in their commitment to using refusal skills at the sites where this was measured). In summary, the City of Roanoke's Across Ages program in Year I (2007 - 2008) met its objectives as revealed in the Performance Measures on NUMBER OF YOUTH SERVED (at 90%), perception of harm, of substance use, knowledge of substance use and suppressing the use of substances among the youth who completed the project. School attendance improved for two sites and the truancy objective was documented as achieved at all three sites. The family relationships and social competence improvement objectives overall were also achieved. Most of the exceptions to improvement were due to a ceiling effect of 0% use or 100% valuing restraint, valuing education, etc... The Presbyterian Community Center had some areas that did not achieve improvement like valuing restraint in using cigarettes and in their level of absenteeism. Mentor recruitment for the Presbyterian Community Center has been intensive and has led to a higher level of menta ring relationships for 2008-2009. The goal is to continue these mentoring relationships, problem-solving life skill sessions, family night events and service learning to enhance school attendance and the valuing of substance use restraint even further. Baseline and post test data was collected using the Across Ages assessment tool with slight modifications made by Dr. Lydia Marek, in order to study the improvement on all relevant factors. Dr. Marek includes scales and items with demonstrated reliability. _ ,'1-- PROGRAM WORKPLAN PROGRAM CATEGORY Prevention ProClram DATE April 13, 2008 LOCALITY_City of Roanoke PLANNED ACTUAL OBJECTIVE-ACTIVITY BEGIN END BEGIN END DOCUMENTATION Hire staff to fill any vacancies in 7/01/09 7/31/09 Memos of hirelrehire comoliance with jOb descriptions Obtain signed MOUs from program 7/01/09 8/31/09 MOUs with updated I partners for 2009 - 2010 sionatures Recruit youth to enroll in proaram 7101/09 8/31/09 Enrollment list Provide an orientationltraining for 7/01/09 7/31/09 New staff sign off on any new staff on program policies orientation checklist and procedures Training on the Across Ages model - 7/31/09 8/31/09 Completion of training learning lessons from Year I using post-tests; sign in evaluation results sheets Mentor recruitment 7/01/09 ongoing Commitment paperwork from mentors - recruitment is an ongoina process Mentor screening and orientation Onaoina onaoinQ Paoerwork como/eted Social competency life skill sessions 7/01/09 05/31/10 Attendance logs, pre with youth during after school hours and post tests on social com petencv Family communications from 7/01/09 06/30/10 Contact logs, signed enrollment to mentoring agreements consent to enrollment to family nights with mentoring agreements; sign in sheets Service learning at least monthly 7/1/09 05/31/10 Logs recording youth participation in service I oroiects One-on-one mentorina X 4hr/mo 7/01/09 6/30/10 Mentoring loas Evaluation analyses and reporting 7/1/09 6/30/10 Collect pre and post data and analyze change in targeted protective and risk factors and problem behaviors - I ~_. Title II Formula Grant Program PERFORMANCE MEASURES PA 21: Mentorlng OUTPUT PERFORMANCE MEASURES Table 47: PA 21 Output 1 Number of MOUs The number of Memoranda of Understanding or A. Number of Memoranda developed interagency agreements developed during reporting of Understanding period of the program. Include all formal partnership or developed coordination agreements. Program records are the preferred data source, . 2 Number of program The number of client service slots available during the A. Number of client slots available reporting period of the program. If slots were lost over service slots available the reporting period, please report a negative number. during the reporting Program records are the preferred data source. period 3 Number of FTEs The number of staff funded through Title V or Formula A. Number of Full-Time funded with TV or Grants, as measured through the number of Full-Time EqUivalents FG $ Equivalents, working for the program during the reporting period. To calculate FTE, divide the number of staff hours used by the program by 2080. 4 Number of program The number of program materials that were developed A. Number of program materials developed during the reporting period. Include only substantive materials developed materials such as program overviews, client workbooks, lists of local service providers. Do not include program advertisements or administrative forms such as sign-in sheets or client tracking fonns: Count the number of pieces developed. Program records are the preferred data source. S Number and percent The number and percent of program staff that are A. Number of staff who of program staff trained during reporting period. Program staff include full partldpated in training trained and part-time employees and/or volunteers. The number B. Total number of Is the raw number of staff to receive any formal training program staff relevant to the program or their position as program C. Percent (AlS) staff. Include any training from any source or medium received during the reporting period as long as receipt can be verified. Training does not have to have been completed during the reporting period. To get the percent divide the raw number by the total number of program staff, Program records are the preferred data source. 6 Number of hours of The number of training hours that program staff are A. Number of hours of program staff provided during the reporting period. Training includes training provided to training provided in-house and extemal trainings. program staff - ,ct-. ". I A " '" ....1 1" I' 7 Number and percent The number and percent of mentors who are trained A. Number of mentors of mentors trained during the reporting period. The number is .the raw who participated in number of mentors to receive any formal training training relevant to the program or their position as program a B. Total number of mentor. Include any training from any source or medium mentors received during the reporting period as long as receipt C. Percent (AlS) can be verified. Training does not have to have been completed during the program. To get the percent divide the raw number by the total number of program mentors. Program records are the preferred data source. 8 Number of hours of The number of training hours provided to program A. Number of hours of mentor training mentors during the reporting period of the program. tranlning provided to provided Training includes in-house and external trainings, as long mentors as it can be verified that the target mentors were aware of the training opportunity. 9 Number of planning The number of planning actMties undertaken during the A. Number of planning activities conducted reporting period. Planning activities Include meetings actlvities undertaken held, needs assessments undertaken. 10 Number of The number of program/agency policies or procedures A. Number of policies or program/agency created, amended, or rescinded during the reporting procedures created, policies or period. A policy Is a plan or specific course of action that amended, or rescinded procedures created, gUides the general goals and directives of the program or amended, or agency. Include policies that are either relevant to the rescinded topic area of the program or policies that affect program operations. 11 Number of An unduplicated count of the number of youth served by A. Number of program program youth the program during the reporting period. Definition youth carried over from served of the number of youth served for a reporting period is the previous reporting the number of program youth carried over from previous period, plus new reporting period, plus new admissions admissions during the during the reporting period. In calculating the 3-year reporting period summary, the total number of youth served is the number of participants carried over from the year previous to the first fiscal year, plus all new admissions during the 3 reporting fIScal years. Program records are the preferred data source. 12 Number of service The number of hours of service completed by program A. Total number of hours completed youth during the reporting period. service is any explicit program youth service activity (such as program contact, counseling sessions, hours course curriculum, community service, etc,) delivered by program staff or other professionals dedicated to completing the program requirements. Program records are the preferred data source. 13 Average length of The average length of time (In days) that clients remain A. Total number of days stay in program In the program. Include data for clients who both between intake and complete program requirements prior to program exit program exit across all and those who do not. Program records are the preferred program youth exiting data source. program B. Number of cases closed C. Average AlB -- ~O.. .'. ., ... 4"' '., 14 Average tenure of The average length of time, In days, mentors remain A. Total number of mentors with the program. Program records are the preferred months of service data source. across all mentors B. Number of mentors C. Average AlB 15 Average time from The average time of days from the assignment of a case A. Total number of days assignment of case to the first meeting with a mentor or youth court during from assignment to first ttl first meeting with a reporting period. Program file is the preferred data meeting program youth source. B. Number of youth who had a first meeting C. Average AlB -;21 - Title II Formula Grant Program PERFORMANCE MEASURES PA 21: Mentoring OUTCOME PERFORMANCE MEASURES Table 48: PA 21 Outcome Number and percent The number and percent of program A. Number of program Short of program youth youth who were rearrested or seen at youth with a new who offend or juvenile court for a new delinquent offense reoffend offense, Appropriate for any youth- B. Number of youth In serving program. Official records program (police, juvenile court) are the C. Percent (AlB) preferred data source. 1 Number and percent The number and percent of program A. Number of program Long of program youth youth who were rearrested or seen at youth with a new who offend or juvenile court for a new delinquent offense reoffend offense. Appropriate for any youth- B. Number of youth in serving program. Official records program (police, jUllenlle court) are the C. Percent (AlB) preferred data source. 2 Number and percent The number and percent of program A. Number of program Short of program youth youth who have been charged with a youth charged with formally processed formal probation violation. Official probation violation records are the preferred data source. B. Number of youth in program C. Percent (AlS) 2 Number and percent The number and percent of program A. Number of program Long of program youth youth who have been charged with a youth charged with formally processed formal probation violation. Official probation violation records are the preferred data source. B. Number of youth in program C. Percent (AI B) 3a Substance use The number and percent of program A. Number Of program Short youth who have exhibited a decrease youth served during in substance use during the reporting the program period period. Self-report or staff rating are with the noted most likely data sources. behavioral change B. Total number of youth served during the reporting period. C. Percent (AlB) L...-- - Jl- . I . . . , ' . , I , ,..' ..I 3a Substance abuse Number and percent of program youth A. Total number of Long who exhibited a decrease in substance youth who exited the abuse 6 months to 1 year after exiting program 6-12 months the program. ago who had the noted behavioral change B: Total number of youth who exited the program 6-12 months ago C. Percent (AlB) 3b Antisocial behavior The number and percent of youth who A. Number of program Short have exhibited a decrease In antisocial youth served during behavior during the reporting period. the program period self-report or staff ratings are the with the noted preferred data source. behavioral change B. Total number of . youth served during the reporting period. C. Percent (AlB) 3b Antisocial behavior Number and percent of program youth A. Total number of Long who exhibited a decrease in antisocial youth who exited the behavior 6 months to 1 year after program 6-12 months exiting the program. ago who had the noted behavioral change B. Total number of youth who exited the program 6-12 months ago C. Percent (AlS) 3c Family relationships Number and percent of program youth A. Number of program 5hort who exhibited an improvement In youth served during family relationships during the the program period reporting period. Self-report, staff with the noted rating are most likely data sources. behavioral change B. Total number of youth served during the reporting period. C. Percent (AlS) 3c Family relationships Number and percent of program youth A. Total number of Long who exhibited an Improvement In youth who exited the family relattonshlps 6 months to 1 year program 6-12 months after exiting the program. ago B. Total number of . youth who exited the program 6-12 months ago C. Percent (AlS) -;13.. : ,,~ 7. '." Illl.~l. "",),,~r.llf1 ,,'. '~I..l~';':l'.;l 3d Gang-related The number and percent of program A. Number of program Short activities youth who have exhibited a decrease youth served during in gang activities during the reporting the program period period. Self.rgport or rnff r~ting ~rQ with tht Mttd the most likely data sources. behavioral change B. Total number of youth served during the reporting period. C. Percent (AlB) 3d Gang activities Number and percent of program youth A. Total number of Long who exhibited a decrease in gang youth who exited the activities 6 months to 1 year after program 6-12 months exiting the program. ago B. Total number of youth who exited the program 6-12 months ago C. Percent (NB) 3e 5choolattendance The number of program youth who A. Number of program Short have exhibited an Increase in school youth served during attendance during the reporting period. the program period Self-report or staff rating are most with the noted likely data sources. behavioral change B. Total number of youth served during the reporting period. C. Percent (NB) 3e School attendance Number and percent of program youth A. Total number of Long who exhibited an Increase in school youth who exited the attendance 6 months to 1 year after program 6-12 months exiting the program. ago who had the noted behavioral change B. Total number of youth who exited the program 6-12 months ago C. Percent (AlB) 3f Social competendes The number and percent of program A. Number or program Short youth who exhibited an Improvement youth served during in social competendes during the the program period reporting period. Self-report, staff with the noted rating are most likely data sources. behavioral change B. Total number of youth during the reporting period, C. Percent (AfS) . - J.Y - '. . 1~1"~. .,' ,~. r ""~I.' l d ';.1 ~I' "I 1 I ~...., I .1, . ,'. " . t . ~ :': ~ , . : f", ~ - 3f Social competence Number and percent of program youth A, Total number of Long who exhibited an improvement in youth who exited the social competendes 6 months to 1 year program 6-12 months after exiting the program. ago who had the noted behavioral change B. Total number of youth who exited the program 6-12 months ago ( C. Percent (AI B) 4 Number and The number and percent of program A. Number of program Short percent of youth who have successfully fulfilled all youth who exited the program youth program obligations and requirements. program having completing Program obligations will vary by completed program program program, but should be a predefined requirements :, requirements list of requirements or obligations that B. Total number of clients must meet prior to program youth who were In completion; Program records are the the program drulng preferred data source. The total the reporting period number of youth include those who C. Percent (AlB) exlted successfully or unsuccessfully. 4 Number and The number and percent of program A. Number of program Long percent of youth who have successfully fulfilled all youth who exited the program youth program obligations and requirements. program having completing Program obligations will vary by completed program program program, but should be a predefined requirements requirements list of requirements or obligations that B, B. Total number of clients must meet prior to program youth who exited the completion, Program records are the program during the preferred data source. The total reporting period number of youth include those who (both successfully exited successfully or unsuccessfully. and unsucceSsfully) C. Percent (AlB) 5 Number and percent The number and percent of program A. Number of program Short of program families families satisfied with the program in families satisfied with satisfied with areas such as staff relations and the program program expertise, general program operations, B, Total number of facilities, materials, and service. Self- program famlll~s report data collected using program C. Percent (AI B) evaluation or assessment forms are the expected data source. 6 Number and percent The number and percent of program A. Number of program Short of program youth youth satisfied with the program in youth satlsified with satisfied with areas such as staff relations and the program program expertise, general program operations, B. Total number of facilities, materials, and service. Self- program youth report data collected using program C. Percent (AlB) evaluation or assessment forms are the expected data source, .:)s- .. " ~.'l;:'''''''l~'~ :;~: ~ :ll". '. + , !Il"l~..l. ;, r.:- ..i~, ..1.~. q',L . ~.< l"'l~.I..,~~,~ lrl' '. . . ~. . . .. 3f Social competence Number and percent of program youth A. Total number of Long who exhibited an improvement in youth who exited the social competendes 6 months to 1 year program 6-12 months after exiting the program, ago who had the noted behavioral change B. Total number of youth who exited the program 6-12 months ago c. Percent (AI B) 4 Number and The nUf71ber and percent of program A. Number of program Short percent of youth who have successfully fulfilled all youth who exited the program youth program obligations and requirements. program having completing Program obligations will vary by completed program program program, but should be a predefined requirements . requirements list of requirements or obligations that B. Total number of clients must meet prior to program youth who were in completion. Program records are the the program drulng preferred data source. The total the reporting period number of youth indude those who C. Percent (AlB) exited successfully or unsuccessfully. 4 Number and The number and percent of program A. Number of program Long percent of youth who have successfully fulfilled all youth who exited the program youth program obligations and requirements. program having completing Program obligations will vary by completed program program program, but should be a predefined requirements requirements list of requirements or obligations that B. B. Total number of clients must meet prior to program youth who exited the completion. Program records are the program during the preferred data source. The total reporting period number of youth include those who (both successfully exited successfully or unsuccessfully. and unsuccessfully) C. Percent (AlB) 5 Number and percent The number and percent of program A.Number of program Short of program families families satisfied with the program in families satisfied with satisfied with areas such as staff relations and the program program expertise, general program operations, B. Total number of fadllties, materials, and service. Self- program families report data collected using program C. Percent (AlB) evaluation or assessment forms are the expected data source, 6 Number and percerit The number and percent of program A. Number of program Short of program youth youth satisfied with the program in youth satlslfled with satisfied with areas such as staff relations and the program program expertise, general program operations, B. Total number of facilities, materials, and service. Self- program youth report data collected using program C. Percent (A/B) evaluation or assessment forms are the expected data source, -).. (, - " r\....1\'..'ii;I~..',~l tiff ,....~~l, . i'~;"~~1'~1;'4< :l :.J~lul., l,.;~ji;l"~ ,'; ':' >.. " L... 'II: "'It 1~;, . , J t ,.J "", \F, _ ',;: I " , " . '., ., <. . 7 Number and percent The numbElr and percent of staff who A. Number of program Short of program staff gained a greater knowledge of the gun staff trained during with increased program area through trainings or the reporting period knowledge of other formal learning opportunities. who report increased program Appropriate for any program whose knowledge staff received program-related training. B. Number of program Training does not need to have been staff tra i ned d u ri ng given by the program. Self-report data the reporting period collected using training evaluation or and retumlng surveys assessment forms are the expected C. Percent (A/B) data source. 8 Number and percent The number and percent of mentors A. Number of mentors Short of mentors satisfied who report being satisfied with the who report being with program program In areas such as training, satisfied with the general program operations, facilities, program materials; and service. Self-report data B. Number of mentors collected using program evaluation or who returned the assessment forms are the expected surveys data source. C. Percent (AI B) 9 Number and percent The number and percent of cases A. Number of volunteer Short of assignments where the volunteer advocate advocates remaining lasting until case remained involved with the case until active until case completion the case was closed. Case records are completion the preferred data source. B. Number of volunteer advocates in program C, Percent (AlB) - J.1- CENERAL GRANT CONDITIONS AND ASSURANCES The applicant, tor federal funds administered by DCJS, gives assurances and certifies with respect to the grant that it will comply with the following requirements: I. The applicant assures that fund accountinOJ auditinOl monitorinD1 and such evaluation procedures as may be necessary to keep such records as.the Department of Criminal Justice Sen ices shall prescribe shall be provided to assure fiscal control, proper management, and eftiL'ic:nt Jisbursement of funds received under this grant. ., REPORTS: Each_applicant shall, submit such reports as the DCJS shall reasonably request. Financial and prugress reports shall be submitted to the DCJS on the 12th workiol! day following the close of each quarter unless otherwise informed. 3. GRANT CLOSEOUT: The last quarterly report ofa project using federal funds must indicate any unpaid obligations, which exist at the expiration of the grant. The applicant has 90 days to liquidate any unpaid obligations and submit a final financial report. 4 UNUSED FUNDS: Any funds that have been requested, but unexpended at the end of the grunt pt'riud will be refunded by check made payable to Treasurer, Commonwealth of Virginia and will accompany the tinal financial report when it is submitted to DCJS. (Most state agencies mllst lIse DPB remn "27 and an IAT to return unused grant funds.) Mail the check to Finance Department. DCJS. 805 East Broad Street. 10lh Floor, Richmond, V A 23219 5. INSPECTION AND AUDIT: The applicant agrees to comply with the organizational audit requirements of OMS Circular A-133, "Audits of State, Local Governments and Non-Profit Institutions." In conjunction with the beginning date of the award, the audit report period of the local governmelit entity to be audited under the single audit requirement is the start-date oflhe project through the end-date of the project as noted on the Statement of Grant .h\ '-lrd! Acceptance. The audit report shall be submitted no later than one (I) year from the cnU-uale ut' the granl a,yard as staled on the Statement of Grant Award/Acceptance. and for c:ach audit cyck thereatter covering the entire award period as originally approved or amended. The munagerm:nt ktter Illust be subll1ittc:d with the audit report. A copy of all auJits must be forwarded to the DCJS. 6. The applicant will comply, where applicable, with the following: . National Environment Policy Act of 1969 (42 U.S.C. ~ 4321). · FlooJ Plain Management and Wetland Protection Procedures (28 CFR 63) . i\atlonal Historic Preservation Act (16 use 470) · Unifurm Relocation Assistance and Real Property Acquisitions Policies Act of 1970. (42 US.C. 94601 et seq.) . Clean Air Act, P. L. 88-206,42 USC 1857, et. seg. · Safe Drinking Water Act, P. L. 93-523,42 USC 3001, et. seg. · Endangered Species Act of 1973, P. L. 93-205, 16 USC 1531. et. seg. U plblCO ')/1)4 ..),~- . Wild and Sl'l:nic RI\l:rs A~t, P. L. CJO-542. 16 use 1271. et. seg. . Fish and Wildlife Coordination Ad, P. L 85-624, 16 USC 661. et. seg. . Historical and Archaeological Data Preservation Act, P. L. 93-291, 16 USC 2469, et. seg. . Coastal Zone Management Act of 1979, P. L. 92-583, 16 use 1451, et. seq. and the Coastal B,mier Resources Act of 1982 (P.L. 97-348) . Animal Wel fare Act of I no.p. L. 91-579, 7 USC 2131, et. seg. . ImpllunJllll:nt Control Act 01' I 97-l, P L 93-344. 31 USC 1401, et. seg. . The Fair Labor Standards Act, if applicable. "7 POLITICAL ACTIVlTY: The restrictions of the Hatch Act, Pub. L. 93-433, 5 use. Chapter I f I. (as amended), concerning the political activity of government employees are applicable to applicant staff members and other state and local government employees whose principal employment is in connection with activities financed, in whole or in part, by grants. Under a 1975 amendment to the Hatch Act. such state and local government employees may take an al:tive part in political management and campaigns except they may not be candidates for otlice. S. DlSCRI MINA nON PROHIBITED: No person shall, on the grounds of race, religion, color, national origin. sex, or handicap be excluded from participation in, be denied the benefits or be otherwise subjected to discrimination under or denied employment in connection with, grants awarded pursuant to the Justice Assistance Act of 1984, and the implementing regulations 28 CFR Part 42, Subparts C, D, E, and G, or any project, program, activity, or subgrant supported or benefiting from the grant. The applicant must comply with the provisions and requirements of Title VI of the Civil Rights Act of 1964 and its implementing regulations 28 CFR 41.10 I et. seg.. The applicant must further comply with Scction 504 of thl;' Rehabilitation Act of 1973. as amended, and its implementing regulations; the Age Di~crill1illatioi1 Act of 1973. as amended. and its/implementing re~ulations and Title IX of the Education Amendments of' 972: Title 11 of the Americans With Disabilities Act (.-\DA)(199U):(-l2 USC.12131-12134&28CFRJS) 9. EQUAL EMPLOY:v1ENT OPPORTUNITY PROGRAM: Each applicant certifies, that it has executed and has on tile, an Equal Employmcnt Opportunity Program which conforms with the provisions of 28 CFR Section 42.302 or that in conformity with the foregoing regulation. no Equal Employment Opportunity Program is required. The applicant organization having 50 or more employees who would receive amounts of $500,000 or more, or grants which in the aggregate exceed $500,000 or more, in any fiscal year must submit a copy of their Equal Employment Opportunity Plan (EEOP) to the DCJS for review. For continuation grant funding that exceed these amounts in any fiscal year the applicant must subn1it a statistical update from the previous year's plan. 10. The applicant assures that in the event a federal or state coult or federal or state administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin or sex against a recipient of funds, the recipient will forward a copy of the finding to the DCJS. ~1<1~ U plIJleLl 'Jil)4 , II j<Ll.L\SL U!.INFORMATIO]\;: All n~-=ords, papers and other documents kept by recipients of DCJS funds. and their contractors, relating to the receipt and disposition of such funds, are required lu be made available to the DCJS. These records and other documents submitted to DCJS and its applicants pursuant to other provisions of the Act, including plans and application for funds. are required to be made available to DCJS under the temlS and conditions orthe Federal Freedom of Information Act, 5 use 552. 12. INFORMATION SYSTEMS: With respect to programs related to criminal justice information systems. the applicant agrees to comply with the provisions of28 CFR, Part 20 governing the protection of the individual privacy and the insurance of the integrity and aCCllnlCy of data collection. The applicant further agrees: · [hat all computer programs (software) developed with funds provided by this grant will be made uvailable to the DCJS tor transfer to authorized users in the criminal justice community without I.:ost olher than that directly associated with the transfer. The software will be documented in sufficient delail to enable potential users to adapt the system, or portions thereof, to usage on a computer of similar size and configuration. · To provide a complete copy of the computer programs and documentation, upon request, to the DC JS. The documentation will include but not be limited to system description, operating instruction. program maintenance instmctions, input fonus, file descriptions, report tormats, program I istings, and flow charts for the system and programs. · lhat whenevt'r possible all applkation programs will be written in standardized prugr<:llllming languages (ie.. ANSI, Cobol, FORTRAN, Basic, etc.) for use on general operating systems (e.g., DOS, CP/M, UNIX, etc.) that can be utilized on at least three di fferent manufacturers computers of similar size and configuration. " · To avail itself, to the maximum extent possible, of computer software already produced and available without charge. The Department of Criminal Justice Services should be contacted to determine availability of software prior to any development effort. 1\ CONFIDENTIALITY OF RESEARCH INFORMA TlON.- Research information iJenri/iab/e to an indi\--idllal. which was obtained though a project funt;Jed wholly or in part \\ ith DC.I S grant funds. shall remain conlidential and copies of slIch information shall be immune from kgal process. and shall not, without the consent of the person furnishing such il1lll/"lnatiLln~ be admitted as evidence or used for any purpose in any action, suit, or other judiCial or administrative proceeding (28 CFR Part 22). 14. CRIMINAL INTELLIGENCE SYSTEMS OPERATING POLICIES: The applicant agrees to be in compliance with all policies as expressed under the Code of Federal Regulations, 28 CFR 23. concerning the operation of crlf!1inaJ intelligence systems funded with DCJS funds. 15. COPYRIGHT: Except as otherwise provided in the conditions of the award, the author is free [u arrange t\.)r copyright without approval when publication or similar materials are develllped from work Linder a DCJS Sllppurted project. Any such copyright materials shall be "L1bi~'~t tll [l1e !)CIS\ righllll repruJul.:e them: translate them, publish them, use and dispose Mll1em. and to authorize others tu du so tor government purposes. In addition, CUIll1l1lll1iLutiuIlS in primary sl:ientiti.: or protessional journals publishing initial reports or research or other activities and supported in whole or in part by the DCJS project funds may be copyrighted by the journal with the understanding that individuals are authorized to make or have made by any mcans available to them, without regard to the copyright of the journal, and without royalty. a single copy of any such article for their own use. State employees who I :pJ:lIcd ')'11-1 -'ic - dl'\ l'Iup l'upyrights <.luring .\Vork hours, or within the scope of their employment, or when thing slate-(l\\ned or stat~-controllt::d facilities. the copyrights vest in the Commonwealth. 1 () P ATE:'-JTS: I r any <.IisL:Overy or invention arises or is developed in course of or as a result of wurk perfurmed under this grant, the applicant shall refer the discovery or invention to DCJS. The upplictlnl hereby ilgree~ t11dt detcnl1illdtion of right~ to inventions made under this gr~nt shall be made by the DC JS or its duly authorized official representative, who shall have the sole and exclusive powers to determine whether or not and where patent application should be filed and to determine the disposition of all rights in such inventions, including title which may issue thereon. The detennination of the DCJS, or its duly authorized representative shall be accepted as fj nal. In addition, the applicant hereby agrees and otherwise recognizes that th~ DCJS shall acquire at least an irrevocable non-exclusive royalty-free license to practice and have pn.lctict::d throughout the world for governmental purposes any invention made in the l'LlllrS~ of or under this grant. The grant shall include provisions appropriate of d'1~duating the purpose of this conJition in all contract of employment, consultant's agret:l1lcnts. or contracts. 17 The applicant assures that funds made available under this grant will not be used to supplant state or local funds, butwill be used to increase the amounts of such funds that would be, in the absence of these funds, made available for drug law enforcement activities. IS. Cunfidential expenditures for services, evidence and/or information must comply with the requirements stated in the Administrative Guide and Application Procedures Manual. I C) BrO MEDICAL EXPERIMENT A TrON: The applicant assures that no grant funds will be used for an) bio-medical or behavior control experimentation on individuals or any research invulving ~uch eAperill1entation. 20. The applicant agrees to complete a Certification Regarding Debarment. Suspension. Ineligibility and Voluntary Exclusion. prior to finalizing any financial agreements pursuant to 28 CFR 67.510 (Code of Federal Regulations). This includes consultants under any award. 21. The applicant must state the percentage of the total cost of this program supported by federal funds and the dollar amount of federal funds for this program. This statement shall be on all press releases, requests for proposals, bid solicitation and other documents describing the program whether funded in-whole or in-part with federal funds. ,') The grantee agrees that any publication (written, visual, or sound, but excluding press relt:ases newsletters, and issue analyses) issued by the grantee or by any Applicant describing programs or projeCTS funded in-whole or in-part with Federal Funds, shall contain the following statement: This project was supported by Department of Criminal Justice Services (DCJS) Grant # O't- BS&.lI1rJ:jQ7 , with funds made available to Virginia from the Office of , U.S. Depaltment of Justice. Points uf view or opinions contained within this document are those of the author and do nul necessari Iy represent the official position or policies of DCJS or the U.S. Department ut' Justi..:c:. Thl: applicant also agreesthat one copy of any such publication will be submitted to the DCJS to be placed on file and distributed as appropriate to other potential applicants or Updated '!:IJ4 .. .:) i- illll:r~'sll:U parties. DCJS may "':.live the requirement for submission of any specitic publication upon submission of a request providing justification from the applicant. 23 Applicants with federal grants that procure goods or services that have an aggregatt: value of $500,000 or more must: specify in any announcement of the awarding of the contract for the procurement of the goods and services involved (including construction services) the amount of Federal funds that will be used to finance the acquisition-, and expresses the amount announced pursuant to paragraph (a) as a percentage of the tota I cost of the planned acquisition. This complies with Public Law 102-141, section 623 (formally the Stevens Amendment). \ CERTIFIC ATION I certify that all the infomlation presented is correct, that there has been appropriate coordination with affected agencies, and that the applicant will comply with the provisions of all other federal and state laws and rules and regu Iations that apply to this award. / ;"'1 J./' ~ /;fJitU!.i2Iu4-c:n'Ct..&t~-J(L_.-J l. Authorized Official (Prpject Administrator) ;.-.1 '\"., _1\ (j / . j(:.> -" c- .~ . , Dale " '\ ~ j:.A,- l:pJaled ~:1l4 U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AN)) DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to detcnnine the certi fication to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this fonn provides tor compliance with certification requirements under 28 CFR Part 69. "New Restriction's on Lobbying" and 28 CFR Part 67, "Govemment-wide Debarment and Suspension (Non-procurement) and Govemment-wide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when \he Department of Justice determines to award \he covered transaction, grant. or cooperative agreement. t. LOBBYI:"IG As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grantor cooperative agreement over $100.000 as defined at 28 CFR Part 69, the applicant certifies that: (a) No Federal appropriated funds have been paid or will be paid. by or on behalf of the undersigned. to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee ofa Member of Congress in connection with the making of any Federal grant. the entering into of any cooperative agreement, and \he extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b) I f any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee ofCongrcss, or an employee ofa Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Fonn - LLL, "Disclosure of Lobbying Activities." in accordance with its instructions: (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements I and subcontracts) and that all subrecipients shall certify and disclose accordingly. . 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBIlJT\' MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549. Debarment and Suspension. and Implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510 A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended. proposed for debannent, declared ineligible, sentenced to a denial of Federal benefits by a Slate or Federal court or voluntarily excluded from covercd transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered againsi them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain. or perfonning a public (Federal, Stale, or local) transaction or contract under a public transaction; violation offederal or State antitrust Statutes or commission of embezzlement, theft.. forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (C) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal. State, or local) with commission of any of the offenses enumerated in paragraph ( I )(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) tenninated for cause or default; and B. Where the applicant is unable to certi fy to any of the statements in this certification, he or she shall atlach an explanation to this application. 3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the drug-Free Workplace Act of 1988, and implemented at 28 CFR Parts 67, Subpart F, for grantees. as defined at28 CFR Part 67 Sections 67.615 and 67.620--- A. The applicant certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifYing employees that the unlawful manufacture, distribution, dispensing, possession. or use of a controlled substance is prohibited in the grantee's workplace and speci fying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on.going drug-fi'ee awareness program to infonn employees about... (I) TIle dangers of drug abuse in the workplace: (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation. and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace: / (c) Making it a requirement that each employee to be engaged in the perfonnance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant. the employee will--- - 0)) -, A ) . ( I) Abidt: bJ Iht: h.:rms of the stalement: and . (2) Nolil)' Iht: employer in VI riting of his or her conviction Illr a violalioll of a criminal drug statute occurring inlhe workplace no later lhun IiI e calendar day;, alkr such elllwietion: (el NotilYing the ag<:ney. in IHiting. within 10 calendar days aner receiving notice under ;,uhparagruph ([1)(2) (rom an employee or otlm\\ist n:cciving actualnolice Or SUdl cllIlviclinn. [mpluyers 01' convicted employees must prmide notice. including posilion lille. to: Department of .Ius lice. Office Ot'JIISriC,' )'/'Ognull>. ^ITN: Cllntrol Desk. 633 Indiana Avenue. N.W.. Washington.D.C'. 20531. Notice shall include the identilicationnumher(s) of each afti:cted grant: (I) Taking one ot"the I(lllt\\\ing actions. within 30 calendar daJs of receiving notice.und<:r subparagraph (d)(2). with respect 10 an) <:mployee 1\ ho is SO com iCled--- (I, ., aking appropriat<: personncl aetionaguinst such an employee. up to 1lI1d including termination. cllnsistent I~ith th..: r..:quirem..:ntsot"the Rehabilitation Act of 1973. as amended: OJ (2, R..:quiring such emplo}..:e tn participate satislaclOrily in a drug aou,c assislance or rdmhilitation program aprroved l{)r such purposes oy a F..:del'lll. Stale. or local h..:afth. law etitllrc..:m..:l1t, or other appropriate agenc~: (gl :-'Iaking a glllld IiJith cflim to continu..: to maintain a drug Iree workplace through implementation ol"pamgraphs (a). (h). (CI. (d). (el. and (I). Il The grantee may insert in th..: space provided be/1m the site(s) il,r the perliH'I11anee of work dllnc in connection VI ith the sp..:cilic granl: Place ofl'al()rnlan..:e (Street addrcs~. city. COlll1ty. state. zip wde) Check irthere are workplaces on tile that are nllt identified her..:. Section 67.630 ol'the regulations provides that a grantee lhat is a State may elect to make one certilication in each h~deralliseal year. ^ copy of whidl should he in..:luded with each application Itlr Department ol'Justice funding. Stalt:s and Stalc agencies may elect to use 0.11' rorm406117. Chec~ if the Sl3tc has elected to comrl..:tc OJI' 11>r1114061!7. DRlIc;-FREF: WORKI'LA('f: ((;RANTEES WHO ARE 1~1)1\'II)I\LSI As required oy the Drug-Free Workplace Acl of 1988. and implemented al28 CTR Part 67. Suhpart F. I{)J" grantees. as dctined at 28 eFR Part 67: Sections 67.615 and 67.620--- ^. As aconuition oftht: grant. I e..:rlily that r "iI/not engage in the unlawfulmanutacture, distrihulioll. disp":llsing. pll'iSeSsilln. or USe' or a controllt:d substance in C:llnducting any activity with the grant: and B. If convicted of a criminal drug offense resulting from a violation occurri ng during the conduct of any grant activity, I will report the conviction, in writing, within 10 calendar days of the conviction. to: Department of Justice. Office of Justice Programs. ATTN: Control Desk, 633 Indiana Avenue. N.W.. Washington, D.C. 20531. ^s the duly authorized represenlati\c ortheapplicanl. I hcrt:by certil) that thc applic:allt will cOlllply with the above cc:rrilie3tillns. I. (iranlc<.' Name ami .-^lduress: City of Roanoke 2. Application NUllloer andior Project Nallle 215 Church Avenue 3. Grantec IRSIVendor number Roanoke VA 24011 Continuation of Grant No. 09-B5418JJ07 54-60011569 4. rypcd Nalllc and Tille of Aut hori led RcprcSenl<llivc Darlene Burcham, City Manager 5. Signature / . I j iI ".:;1-/ _\7 'I '/_' ::;?~LL-~?J1(/~t~_ 6. Date . I \A . C-, rf'_ ,ft./ - U J .. FAMily. SERVICE SrRo,vc, F:tHiliE5 Build STRO/Vy [UMllLviriE5 RE: JJ DP Delinc.lucncy Prevention Grant City of Roanoke's Submission for Continuation Funding for Across Ages in the Ci(\' of Roanoke Department of Criminal Justice Services, Grants Administration Family Service of Roanoke Valley April 13,2009 TO: FRO\:l: DATE: The purpose of this memo is to express Family Service of Roanoke Valley's support for und commitment to provide the purchased services required to implement the Across Ages in the Ci(f' of Roanoke continuation proposal submitted by the City of Roanoke. This evidence-based SAMHSA approved model programhas been found to be effective ill comlllunities comparable to the City of Roanoke in demographics. The goal of the Across .-lges proposal is to prevent such problems as substance use and dropping out of school that pose serious threats to thc well being of our community. The emphasis of .-lcross Ages ison the strength-based, building up of youths' developmental assets by engaging the students in the community through service projects jointly planned and implemented with their mentors. The intergenerational approach of this model program seems particularly promising. The goal is to expand the program in 2009 - 20 I 0 and to engage 60 City of Roanoke youth (Iourth through eighth graders) in the Across Ages program, during the grant award period of July 1.2009 through June 30. 2010. Across Ages programming will include mentoring, service leaming, life skills and family involvement to respond to Roanoke's "Youth Comprehensive Plan: A Call to Action" to build developmental assets and thereby reduce the likelihood of problem behaviors among our city's youth. Family Service agrees to the following responsibilities: I. Family Service will provide the trained staff necessary to implement the .-1cross .-lges best practice methods for mentoring. service leaming, leadership skill Jevelopment anJ t~lmily outreach throughout the 2009-2010 school year unless the Illl1ding situation changes and finances no longer allow for sLlch staffing. 2. Family Service will provide the appropriate administration for quality control of Across Ages through oversight by a qualified Program Manager. 3. Family Service will complete the program reports upon the fom1s required by the Department of Criminal Justice Services, such report form per the contract requirements, meeting expected deadlines in a timely manner paying due j.. ,\I.LlANe!: . ,," t'Il:1 ,'''I ... I~ ,.. .'11" I 360 Campbell Ave. SW, Roanoke, VA 24016 I (540) 563-5316 · Fax (540) 563-5254 235 Claiborne Ave., Suite 300, Rocky Mount, VA 24151 I (540) 483-4223 · Fax (540) 483-0233 www.fsrv.org 'J :. .. United W.y of Roanoke V.IIIY ".,,"., Ag.ttqI Family SerVice of Roanoke Valley Letter of Agreement page 2 the Department of Criminal Justice Services, such report form per the contract requirements, meeting expected deadlines in a timely manner paying due attention to accuracy and comprehensiveness requirements. Program reporting requirements will be met adhering to the required deadline schedule. 4. Family Service will complete criminal background, DMV and child abuse registry checks on its staff and will not hire anyone for the Across Ages program who has been convicted of a felony and/or who is listed on the child abuse registry and no one with a reckless driving conviction or DUI will transport students. All staff will be required to have a current valid drivers' license and a vehicle with up~to-date inspections and registrations. 5. Family Service of Roanoke Valley agrees to comply with the policies and procedures required by the funding source, the Department of Criminal Justice Services, as presented in the general grant conditions and assurances regarding lobbying, debarment, suspension and other responsibility matters and drug-free workplace requirements. Assuming the above responsibilities for the Across Ages in the City of Roanoke proposal has been authorized by Family Service's Board of Directors. Sincerely yours, ;// /. ) ,'" . -/{/~--r- 1.~k.pW-r"U-.-/ Date: Jo~ F. Pendarvis, President and CEO q/I 3/0 '1 , ( - -3&- . WEST' ~ end G' CENTER FOR YOUTH BUILDING COMMUNITY ONE CHILD AT A TIME MalllOg Addre.. ~I n Cox t5~2 IloJr1oke. Va 241115 localion 12:-) I~ 1:!2b ~)rltIIJr;,()rl/lV~ .') W R'Jur1ok" V" 24Jlo ,540,;42 U90i F dX ,~J.IO' 3-lS.~J8.11J W\'wW wAr.;ff'nccp.ntl~r o"'g . RE: TO: DATE: Continuation Proposal for Across Ages in the City of Roanoke Department of Criminal Justice Services, Grants Administration . April 2, 2009 The purpose of this memo is to express support for the Across Ages in the City of Roanoke proposal submitted by Family Service of Roanoke Valley. This evidence-based SAMHSA approved model program has been found to be effective in communities like the City of Roanoke. The goal of the Across Ages proposal is to prevent such problems as substance use' and dropping out of school that are serious issues facing the City of Roanoke. The emphasis of Across Ages is on enhancing youths' developmental assets by engaging the students in the community through service projects, connecting them with positive adult role models (mentors), increasing their contidence in health decision-making per the life skill sessions and strengthening family relationships through regular family evening activities. We understand that the evaluation study following the fIrst year of Across Ages documented a positive impact ofthe program on the participants. According to the evaluation study, the program achieved its objectives of: (I) reducing substance use of tobacco, alcohol and marijuana (2) improving school attendance (3) strengthening the students' refusal skills (4) enhancing the youths' perception of harm of substance use (5) improving youths' access to positive role models (6) strengthening parent-child relationships and (7) increasing the youths' interest in civic activities. As a youth serving organization, we can verify the need for programs that have a proven track record of succeeding with our higher risk students. It is particularly notewmthy that the program will reach nine through thirteen-year-olds, as prevention needs to occur prior to the onset of problem behaviors. Our after school center will plan to refer to the Across Ages program, students who are truant or are otherwise at high risk for dropping out of school or engaging in other problem behaviors or who have a relative in jail. We serve indigent families, many of whom have children who would qualify as being at high risk and appropriate for this program. \ I strongly support Family Service's Across Ages proposal due its meeting a vital need in our community for mentoring and service learning youth development opportunities. Family Service of Roanoke Valley is a reputable agency in the Roanoke Valley with a longstanding history of human service delivery. Our agency has partnered with Family Service for over seven years and we continue to look for more ways to work jointly in order to meet the needs of disadvantaged children and their families. Thank you for your consideration of the Acro-fS Ages proposal. I~ 'I-f~ West End center~xecutive Director Kaye Hale Date: -4 / ~ I 0 'I I - ,~., ~ ~ eem 1228 Jamison Avenue, SE Ro.moke, VA 24013 Phone: 540.982.2911 Fax: 5411.342.3568 E-mail: presbctr@pccse,org Website:www.pccse.mg relbytqian (Ommunlty · center RE: Continuation Proposal for Across Ages in the City of Roanoke TO: Department of Criminal Justice Services, Grants Administration DA IE: April 2, 2009 The purpose of this memo is to express support for the Across Ages in the City of Roanoke proposal submitted by Family Service of Roanoke Valley. This evidence-based SAMHSA approved model program has been found to be effective in communities like the City of Roanoke. The goal of the Across Ages proposal is to prevent such problems as substance use and dropping out of school that are serious issues facing the City of Roanoke. The emphasis of Across Ages is on enhancing youths' developmental assets by engaging the students in the community through service projects, connecting them with positive adult role models (mentors), increasing their confidence in health decision-making per the life skill sessions and strengthening family relationships through regular family evening activities. We understand that the evaluation study following the first year of Across Ages documented a positive impact of the program on the participants. According to the evaluation study, the program achieved its objectives of: ( I ) reducing substance use of tobacco, alcohol and marijuana (2) improving school attendance (3) strengthening the students' refusal skills (4) enhancing the youths' perception ofhann of substance use (5) improving youths' access to positive role models (6) strengthening parent-child relationships and (7) increasing the youths' interest in civic activities. As a youth serving organization, we can verify the need for programs that have a proven track record of succeeding with our higher risk students. It is particularly noteworthy that the program will reach nine through thirteen-year-olds, as prevention needs to occur prior to the onset of problem behaviors. Our after school center will plan to refer to the Across Ages program, students who are truant or are otherwise at high risk for dropping out of school or engaging in other problem behaviors or who have a relative in jail. We serve indigent families, many of whom have children who would qualify as being at high risk and appropriate for this program. I strongly support Family Service's Across Ages proposal due its meeting a vital need in our community for mentoring and service learning youth development opportunities. Family Service of Roanoke Valley is a reputable agency in the Roanoke Valley with a longstanding history of human service delivery. Our agency has partnered with Family Service for over seven years and we continue to look for more ways to work jointly in order to meet the needs of disadvantaged childre and their families. you for your ideratio of the Across Ages proposal. ~ Date: April 2, 2009 .~ ~;\ .. ... Apple U I - Or Ridge rarrn ~ .~ftl=?r~OI1 CenfH, 11l'le .h14 ,41 Luck Avenue. SW Roanoke. VA 2',0]0 Phone: 540.982.]322 f,lX: 'i40.'j82 .1~10 info@appleridge.org vvww.appleridge.org TTY /Voicp Rpl~y:711 ~ffi C~.!2 Clark H. Worthy Chairman Glen C. CDmbs Vice Chairman Peter A. L~~wis Presiden t Jeff Barbour Treasurer Letitia A. Smith Secretary ito a HlJ> fj)jI~~ t 0 L~ Stewart Barnes Robert L. Bradshaw. Jr. Jane E. (oulter Tracy A. Giles Bayard Harris Anne C. Hoge Shireen Kirk Cynthia D. Lawrence Rick Nielsen Melinda Payne Nancy Revercomb Ric kie Sykes Robert S. Turner Kia Price Wade Cydney Willis RE: TO: DATE: Continuation Proposal for Across Ages in the City of Roanoke Department of Criminal Justice Services, Grants Administration April 2, 2009 The purpose of this memo is to express support for the Across Ages in the City of Roanoke proposal submitted by the City of Roanoke together with Family Service of Roanoke VaHey. This evidence-based SAMHSA approved model program has been found to be effective in communities like the City of Roanoke. The goal of the Across Ages proposal is to prevent such problems as substance use and dropping out of school that are serious issues facing the City of Roanoke. The emphasis of Across Ages is on engaging the students in the community through service projects, connecting them with positive adult role models (mentors), increasing their confidence in health decision-making per the life skill sessions and strengthening family relationships through regular family evening activities. We understand that the evaluation study following the first year of Across Ages documented a positive impact of the program on the participants. According to the evaluation study, the program achieved its objectives: (I) to reduce substance use of tobacco, alcohol and marijuana (2) to improve school attendance (3) to strengthen the students' refusal skills (4) to enhance the youths' perception of hann of substance use (5) to improve youths' access to positive role models (6) to strengthen parent-child relationships (7) to increase the youths' interest in civic activities. As a youth serving organization, we can verify the need for programs that have a proven track record of succeeding with our higher risk students. It is particularly noteworthy that the program will reach nine through thirteen-year-olds, as prevention needs to occur prior to the onset of problem behaviors. Next year we would partner with the Across Ages program, referring sixth graders and their families for participation. We typically serve disadvantaged families, many of whom have children who would qualify as being at high risk and appropriate for this program. I strongly support the City of Roanoke's Across Ages proposal due its meeting a vital need in our community for mentoring and service learning youth development opportunities. Family Service of Roanoke Valley, who will serve as the contracted service partner for this program, is a reputable agency in the Roanoke Valley with a longstanding history of human service delivery. Our agency has partnered with Family Service for the past two years and we continue to look for more ways to work jointly in order to meet the needs of Roanoke City's disadvantaged children and their families. Th ou for your consideration of the City of Roanoke's Across Ages proposal. Dale 0//107 ~Q.~ President, Apple Ridge Fann - '"J () - -,J I Celebrating 32 Years of Helping Kids Grow Please consider a planned gift that will help kids grow for generations to come. ". 1. Personnel/Employees Position Annual Hours a. Name of Employees Titles Salary Rate Devoted FEDERAL STATE CASH IN-KIND $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 b. Frin e Benefits $0 FICA % = $0 RETIREMENT = $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 2. Consultants (including Travel and Subsistence) FEDERAL STATE CASH IN-KIND a. Individual Consultants Type Evaluation $50/h r $0 Hours Devoted: 60 $2,500 $500 $3,000 $0 $2,500 $500 $0 $3,000 b. OrQanizations and Associations Type: After school partners $588/child X 60=$35280 $9,280 0 $0 $9,280 Fee: $588/child X 60 = $35,280 Family Service of RV Time devoted: Pr Dr 450 hrs Proj Dir $28.50/hr $10,000 $2,825 $12,825 Program Coord 1950 hrs Prog coord $16.50/hr $22,516 $9,659 $32,175 Prev S ecialist 1950 hrs Prev S eci $13.00/hr $18,204 $7,146 $25,350 Accountant 530 hrs Accountant $15.00/hr $0 $7,950 $7,950 Mentors 1440 hrs Mentors $17.50/hr $0 $0 $500 $4,420 $4,920 $0 $60,500 $32,000 $0 $92,500 c. Consultants' Subsistence and Travel Number of Da s: $0 Rate/Da : Service learnin! .42/mi X 4762 $0 Mentors'travel .42 X 4762 n TOTAL $0 $2,000 $0 $0 $2,000 $0 $65,000 $32,500 $0 $97,500 Page 1 of 3 dcjs-excel-12/2001 3. Travel and Subsistence for Project Personnel FEDERAL STATE CASH IN-KIND a. Local Milage = No. of Miles X Rate Per mile x 4. Equipment Type Purchase or Quantity Unit Price Rental FEDERAL STATE CASH IN-KIND $0 $0 $0 $0 $0 $0 $0 $0 5. Supplies and Other Expenses FEDERAL STATE CASH IN-KIND T e Quanti Price $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 6. Indirect Cost $0 $0 $0 $0 $0 $0 $0 $65,000 $32,500 $0 $97,500 7. Cash Funds Page 2 of 3 dcjs-excel-12/2001 Cash funds from sources other than grant program supporting this project- (itemize). Do not add to requested Project Budget Summary accounts.) United Wa of Roanoke Valle $32,500 $32,500 Page 3 of 3 dcjs-excel-12/2001 $32,500 $32,500 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 CECELIA T. WEBB Assistant Deputy City Clerk July 23, 2009 Ann H. Shawver Director of Finance Roanoke, Virginia Dear Ms. Shawver: I am attaching copy of Budget Ordinance No. 38540-072009 appropriating funding from various Capital Project accounts to the Franklin Road Bridge Repair Project; and amending and reordaining certain sections of the 2010-2011 Capital Projects Fund Appropriations. The abovereferenced nieasure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 20, 2009, and is in full force and effect upon its passage. Sincerely, ~m..~ Stephanie M. Moon, CMC City Clerk Attachment pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Sherman M. Stovall, Director, Management and Budget Philip C. Schirmer, City Engineer o .\ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of July,2009. No. 38540-072009. AN ORDINANCE to appropriate funding from various Capital Project accounts to the Franklin Road Bridge Repair Project, amending and reordaining certain sections of the 2010-2011 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 2010-2011 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from State Grant Funds Appropriated from State Grant Funds Appropriated from General Revenue .Appropriated from 2009 Bond Funds Appropriated from General Revenue Appropriated from General Revenue Appropriated from 2009 Bond Funds 08-530-9518-9007 08-530-9519-9007 08-530-9519-9003 08-530-9519-9301 08-530-9552-9003 08-530-9554-9003 08':530-9617 -9301 $ ( 250,000) 250 I 000 535,059 100,000 ( 526,979) ( 8,080 ) ( 100,000) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ff;ttl~ (n. ~ 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 July 20, 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: Funding for the Franklin Road Bridge Rehabilitation Project Background: This project provides for the repair and rehabilitation of the Franklin Road Bridge over Roanoke River and Wiley Drive. The rehabilitation plan includes the clearing of brush, mortar repair of stone masonry abutments, minor erosion repairs with grouted rip rap, shotcrete repairs to substructure, expansion joint reconstruction on roadway, expansion joint replacement on sidewalks, approach curb and gutter and sidewalk reconstruction, removal of abandoned utilities, replacement of guardrail system, replacement of handrail system, milling of concrete deck, deck concrete crack repair, deck overlay, asphalt restoration, replacement of pavement markings, recoating of existing steel structure, replacement of bird screening, and waterproofing pier caps, abutments, and sidewalks. After proper advertisement, two bids were received on Friday, June 12, 2009. Cleco Corporation, 544 Redbud Highway, Drawer A, Rosedale, Virginia 24280, submitted the lowest responsive and responsible base bid in the amount of $988,685, and one hundred twenty (120) consecutive calendar days construction time. The City received $400,000 in VDOT revenue sharing funds and these funds were initially allocated to both the Franklin Road Bridge and the Wasena (Main Street) Bridge. VDOT revenue sharing funds require an equal local match. After detailed evaluation and preliminary engineering, the repairs to the Franklin Road Bridge were determined to be more extensive than initial estimates. Other recent repairs Honorable Mayor and Members of City Council · July 20, 2009 Page 2 to the Wasena Bridge are performing satisfactorily and further repairs are not needed at this time. Revenue sharing funds initially allocated to the Wasena Bridge were transferred to the Franklin Road Bridge with VDOT's concurrence. The balance offunding needed for the Franklin Road Bridge, and local matching funds for the VDOT Revenue Sharing Funds, are available in the Bridge Maintenance account and other bridge capital accounts. Funding in the amount of $1,034,777 is needed for the project. The additional funds that exceed the contract amount will be used for miscellaneous project expenses including independent testing, minor variations in bid quantities, project contingency and unforeseen project expenses. Funding in the amount of $149,718 is available in the Franklin Road Bridge Repair/Renovations project account (08-530-9519) The remaining funding needed for the project is available to be transferred from I the following accounts: 08-530-9518-9007 Main Street (Wasena) Bridge Repairs VDOT Revenue Sharing 08-530-9552-9003 Bridge Maintenance 08-530-9554-9003 Bridge Inspections 08-530-9617-9301 Crestmoor Road/Barnhart Branch Bridge Renovation $250,000 $526,979 $ 8,080 $100,000 Recommended Action: Adopt the accompanying budget ordinance to transfer funds in the amount of $885,059 from the accounts listed above to account number 08-530-9519, Franklin Road Bridge Repair/Renovations. Respectfully submitted, Darlene L. B cham City <Manager DLB/JJT /rls c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Philip C. Schirmer, PE, LS, City Engineer CM09-00124 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-II45 E-mail:' clerk@roanokeva.gov STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk July 23, 2009 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: Your communication recommending transfer of unused Virginia Department of Transportation Enhancement Grant Funding to the Roanoke River Greenway-Tinker Creek Pedestrian Bridge Project, was before the Council of the City of Roanoke at a regular meeting held on Monday, July 20, 2009. 'On motion, duly seconded and adopted, action on the matter was tabled. Sincerely, ~ (v). ~ Stephanie M. Moon, CMC City Clerk Attachment pc: William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director, Management and Budget Robert K. Bengtson, Director of Public Works Philip C. Schirmer, City Engineer Steven C. Buschor, Director, Parks and Recreation ~ark D. Jamison, Manager, Transportation Division 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 July 20, 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: Transfer of Unused VDOT Enhancement Grant Funding To The Roanoke River Greenway- Tinker Creek Pedestrian Bridge Project Background: Federal Transportation Enhancement funds in the total amount of $250,000 were allocated to the Historic Hotel Dumas project. The Hotel Dumas project was undertaken by Total Action Against Poverty (TAP) with the City serving as the fiscal agent. The Virginia Department of Transportation (VDOT) advised TAP by letter dated December 2, 2008 (letter attached), that the Hotel Dumas Project was ineligible to receive reimbursement from the grant funds because work on the project was initiated without prior authorization and without public advertisement for bids. VDOT staff has recommended that the City request the unused grant funds be transferred to another active enhancement project in the City of Roanoke. Enhancement funds for the Hotel Dumas project were appropriated to a capital account entitled Dumas Center T-21 Grant (account 08-530-9825) in the amount of $190,000. The Hotel Dumas Project was awarded an additional $60,000 in Enhancement Grant funding in June 2006, however, these funds were not appropriated to the capital account (award notification is attached). Enhancement Grant funds in the amount of $33,000 were allocated to the Lick Run Greenway project. These funds were appropriated to the Comprehensive Greenway Trail account (08-620-9753). The award notification was received after the Lick Run Greenway trail project was completed and could not be used without preparing new engineering plans and environmental documents. The cost of preparing these Honorable Mayor and Members of City Council July 20, 2009 Page 2 documents would exceed the value of the grant. VDOT staff has recommended the City request the unused grant funds be transferred to another active enhancement project in the City of Roanoke. The Roanoke River Greenway - Tinker Creek Pedestrian Bridge Project has been awarded $2,244,000 in Enhancement Grant funding by VDOT. Local matching funds in the amount of $231,000 have been previously committed to the project. The total cost of the greenway project is estimated to be $3,100,000. Upon concurrence of VDOT, City staff recommends the total of $283,000 in unused Enhancement Grant funds from the Hotel Dumas project and the Lick Run Greenway project be transferred to the Roanoke River Greenway - Tinker Creek Bridge Project (account no. 08-620-9200). Recommendation: Authorize the City Manager to request the Virginia Department of Transportation to transfer the unused Enhancement Grant funding from the Hotel Dumas and Lick Run Greenway projects to the Roanoke River Greenway-Tinker Creek Pedestrian Bridge project as set forth above. Authorize the City Manager to provide any additional information, execute any necessary documents, and to take any necessary actions to obtain, accept, receive, implement, use, and administer the above mentioned unused Enhancement Grant funding, upon certain terms and conditions. Respectfully submitted, ~~ City Manager Attachments DLB/PCS/wp c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance James Grigsby, Assistant City Manager for Operations R. Brian Townsend, Assistant City Manager for Community Development Robert K. Bengtson, Director of Pubic Works Philip C. Schirmer, City Engineer Steven C. Buschor, Director of Parks and Recreation Sherman M. Stovall, Director of Management and Budget Mark D. Jamison, Manager of Transportation Division CM09-00126 ~ r.~u;;6';;"1 rom MANAGER'S OFRCF= . COMMONWEALTH of VIRGINIA GREGORY A. WHIRLEY ACTING COMMISSIONER DEPARTMENT OF TRANSPORTATION 1401 EAST BROAD STREET RICHMOND, VIRGINIA 23219.2000 June 15, 2006 Mr. Dick R~ers Total Action Against Poverty PO Box 2868 Roanoke VA '24001 SUBJECT: Enhancement Program -Dumas Center for Artistic and Cultural Development Dear Mr. ROAers: Congratulations.! On May 17, 2006 your application for Enhancement Program funds was approved by the Commonwealth Transportation Board in the amount of $60,000. Meetings will be held this fall in several different areas of the state to discuss necessary steps for implementation of your enhancement project. You will receive a notification of those meetings once they have been scheduled. . . . . Please do not expend. any funds or initiate any phase of your project, for which you wish to be reimbursed, until you are authorized in writing to do so. Since this is a federally funded program, starting any project activities before securing proper authorization would jeopardize federal participation in the entire project. The next deadline for Enhancement Program applications is November 1, 2006. If you wish to 1?e considered for additional funding, a new application must be submitted by that date. Previous applications will not be reconsidered. If you have any questions about your current application, recent selections, or need infonnation about the next application cycle, please contact the Enhancement Program Staff at 1-800-444-7832. fr'. ." Thank you for your interest in Virginia's Enhancement Program. Sincerely, ~ Cc: crn Member -Dana M. Martin District Administrator Resident Administrator Michael W. Gray Darlene Burcham WE KEEP VIRGINIA MOVING (I) COMMONWEALTH of VIRGINIA DAVID S. EKERN, P.E. COMMISSIONER DEPARTMENTO~TRANSPORTAnoN 14D1 EAST BROAD STREET RICHMOND. VlRGlfflA 2321 902000 December 2, 2008 Mr. Ted Edlicb, President Total Action on Poverty P.O. Box 2868 . Roanoke, VA 24001 Subject: Transmittal of Federal Highway Administration's Response to Appeal City ofRoanolre, Irtstoric Hotel Dumas Enhancement Project Project EN03-128-102, CSOI (UPC 70300) Dear Mr. Edlich. Please find attached, the Federal Highway Administration's (FHW A) response to the Department's 8128108 letter requesting approval fur the redeal cons1rucnon authorization and reimbUl'Sement of costs for work: completed On the Historic Hotel Dmnas project. FHW A has confirmed that the work completed on tbe Hotel Dumas project is ineligtble for reimbun;ement with federal Transportation Enhancement fimding because the work was initiated without prior authorization, and without. public advertisement for bids. In addition. FHW A has rejected VDOT"s appeal under 23 CFR 1.9, and confirmed that the ProcureQ1ent used on this project does not meet the requirements of the "Common Rule". While not the decision you desired, we hope you recognize thc.importancc of consistency in administering federal programs and that our Enhancement Cuordinators are a\'ailable as a resource to provide guidance and answer questions to avoid sitlJations like this in the future. Sincerely, /,dAA.~ Reta R. Busher ChiefFinanoial Officer Attachment co: Mr. Mark Jamison, City of Roanoke Transportation Manager . . The Honomble Pierce Homer, Virginia Secretary of Transportation Mr. Gregory Whirley, VOOT Chief Deputy Commissioner Mr. Richard Caywood. Salem District Administrator Mr. Michael Estes, VDOT Local Assistance Division Director pi IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA A RESOLUTION authorizing the City Manager to request the Virginia Department of Transportation (VDOT) to transfer the unused Enhancement Grant funding from the Hotel Dumas and Lick Run Greenway Projects to the Roanoke River Greenway-Tinker Creek Pedestrian Bridge Project; and authorizing the City Manager to provide any additional information, execute any necessary documents, and to take any necessary actions to obtain, accept, receive, implement, use, and administer the above mentioned unused Enhancement Grant funding, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized to request the Virginia Department of Transportation to transfer the unused Enhancement Grant funding in the total amount of$283,000, from the Hotel Dumas and Lick Run Greenway Projects to the Roanoke River Greenway-Tinker Creek Pedestrian Bridge Project, all as more particularly set forth in the City Manager's letter dated July 20, 2009, to this Council. 2. The City Manager is further authorized to provide any information, to execute any necessary documents, and to take any necessary actions to obtain, accept, receive, implement, use, and administer the above mentioned unused VDOT Enhancement Grant funding, any such additional documents to be approved as to form by the City Attorney. ATTEST: City Clerk. R-Roanoke River Greenway-request transfer of unused funds.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 CECELIA T. WEBB Assistant Deputy City Clerk July 23, 2009 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 38541-072009 authorizing acceptance of additional Virginia Department of Transportation Enhancement Grant funding, which is provided by the American Recovery and Reinvestment Act of 2009, in the amount of $1,400,000.00, for the Roanoke River Greenway Project. The abovereferenced measure was adopted by the Council of the City. of Roanoke at a regular meeting held on Monday, July 20, 2009. Sincerely, ~~ Yr-J. Yrt~ Stephanie M. Moon, CMC City Clerk Attachment pc: William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director, Management and Budget Robert K. Bengtson, Director of Public Works Philip C. Schirmer, City Engineer Steven C. Buschor, Director, Parks and Recreation Mark D. Jamison, Manager, Transportation Division p:l. IN THE COUNCIL OF THE CITY OF ROANOKE, VJRGINIA The 20th day of July,2009. No. 38541-072009. A RESOLUTION authorizing the acceptance of additional Virginia Department of Transportation (VDOT) Enhancement Grant funding; which funding is provided by the American Recovery and Reinvestment Act of 2009 (ARRA), for the Roanoke River Greenway Project; authorizing the City Manager to execute Appendix A to the Roanoke River Greenway Project Agreement with VDOT; and authorizing the City Manager to provide any additional information, execute any necessary additional documents, and to take any necessary actions to obtain, accept, receive, implement, use, and administer the above mentioned additional Enhancement Grant funds. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the additional VDOT Enhancement Grant funding, which funding is provided by the ARRA, in the amount of $1,400,000 for the Roanoke River Greenway Project, all as more particularly set forth in the City Manager's letter dated July 20, 2009, to this Council. 2. The City Manager is hereby authorized to execute Appendix A to the Roanoke River Greenway Project Agreement with the VDOT, in a form substantially similar to the one attached to the City Manager's letter referred to above, and any other forms necessary to accept such additional grant funds, such documents to be approved as to form by the City Attorney. 3. The City Manager is further authorized to provide any additional information, to , execute any necessary additional documents, and to take any necessary actions in order to obtain, R-Roanoke River Greenway-ARRA funds. doc accept, receive, implement, use, and administer the additional VDOT Enhancement Grant funds mentioned above, any such additional documents to be appro:v,edas to form by the City Attorney. A TIIEST: , I' I' i ~~hl.~ City Clerk. R-Roanoke River Greenway-ARRA funds.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 2401l~1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1er k@roanokeva.gov STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk July 23, 2009 Ann H. Shawver Director of Finance Roanoke, Virginia Dear Ms. Shawver: I am attaching copy of Budget Ordinance No. 38542-072009 appropriating American Recovery and Reinvestment Act funding from the Federal government through the Virginia Department of Transportation, for the extension of the Roanoke River Greenway; and amending and reordaining certain sections of the 2009-2010 GrantFund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 20, 2009, and is in full force and effect upon its passage. Sincerely, ~fr1.~ Stephanie M. Moon, CMC City Clerk Attachment pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Sherman M. Stovall, Director, Management and Budget Robert K. Bengtson, Director of Public Works Philip C. Schirmer, City Engineer Steven C. Buschor, Director, Parks and Recreation Mark D. Jamison, Manager, Transportation Division i~'Y IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of July, 2009. No. 38542-072009. AN ORDINANCE to appropriate American Recovery and Reinvestment Act (ARRA) funding from the Federal government through the Virginia Department of Transportation, for the extension of the Roanoke River Greenway, 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 Construction - Other 35-R09-0954-9065 Revenues ARRA Roanoke River Greenway Grant FY10 35-R09-0954-2916 $ 1,400,000 1 ,400,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: #t1~dn.~ 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 July 20, 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 Additional Roanoke River Greenway VDOT Enhancement Grant Funds As Part Of the ARRA (Stimulus Act) Background: The Roanoke River Greenway has been previously awarded $844,000 in Enhancement Grant funding by the Virginia Department of Transportation (VDOT). An additional allocation of $1,400,000 in Enhancement Grant funding has been awarded to the project by the VDOT. These additional funds are part of the American Recovery and Reinvestment Act of 2009 (ARRA). The ARRA funds do not require a local match. City Council approval is needed to accept the additional Grant funding and authorize the amendment to the Roanoke River Greenway project agreement with VDOT and appropriate the subject funds to a project capital account entitled Roanoke River Greenway ARRA. Recommendation: Accept the additional VDOT Enhancement Grant funds mentioned above and appropriate such funds as set forth below. Authorize the City Manager to execute Appendix A to the Roanoke River Greenway project agreement (copy attached). Honorable Mayor and Members of City Council July 20, 2009 Page 2 Authorize the City Manager to provide any additional information, execute any necessary additional documents, and to take any necessary actions to ohtain, accept, receive, implement, use, and administer the above mentioned additional Enhancement Grant funding, upon certain terms and conditions. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $1,400,000 and to appropriate funds in the same amount to an account to be established in the Grant Fund by the Director of Finance. Respectfully submitted, Attachment DLB/PCS/wp c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance James Grigsby, Assistant City Manager for Operations R. Brian Townsend, Assistant City Manger for Community Development Robert K. Bengtson, Director of Pubic Works Philip C. Schirmer, City Engineer Steven C. Buschor, Director of Parks and Recreation Sherman M. Stovall, Director of Management and Budget Mark D. Jamison, Manager of Transportation Division CM09-00125 COMMONWEALTH of VIRGINIA DAVID S. EKERN, P.E. COMMISSIONER DEPARTMENT OF TRANSPORTATION 1401 EAST BROAD STREET RICHMOND, VIRGINIA 23219-2000 June 23, 2009 Mr. Donnie Underwood Parks Planner - Greenways Coordinator City of Roanoke 210 Reserve Avenue SW Roanoke, VA 24016 SUBJECT: ProjectEN03-128-129, PElO1, CS01 (upC 72180) City of Roanoke, Roanoke River Greenway Transmittal of Project Agreement Amendment for ARRA and 2008 Transportation Enhancement Funding Dll'l")o')~ Dear Mf:- BllGerY/oeer.. Enclosed are three (3) copies of the Amendment to Project Development and Administration Agreement for the subject project. This agreement amendment addresses the $175,000 (2008) allocation to this project by the Commonwealth Transportation Board, as well as the $1,400,000 allocation of ARRA funds. The subject project's total federal Enhancement allocation now totals $844,000 with and additional $1,400,000 in ARRA funds. The Commonwealth Office of the Attorney General has approved the format and content of this Agreement Amendment. After the City of Roanoke's review and signature, please return all copies to this office. Please do not hesitate to call me at (804) 786-9125 if you have any questions or require additional information. Sincerely, ~rw. Erica Jeter Enhancement Program Manager cc: Liz Belcher, Roanoke Valley Greenways (w/attachments) Anthony Ford, P.E., Salem District Enhancement Coordinator (wI attachments) Appendix A Project Nwnber: EN03~128~129, PElOl, C501 (UPCs 72180 & 93201) Project Name: Roanoke River Greenway Locality: City of Roanoke Scope: Project Narrative Design and construction of two segments of the Roanoke River Greenway in the City of Roanoke: from Wasena Park to Ghent Park, and a bridge connection to the Tinker Creek Greenway. Preliminary Engineering Right-of-Way & Utilities Locality Project Manager Contact Info: Donnie Underwood, City of Roanoke Parks Planner, 210 Reserve Ave. SW, Roanoke, VA 24106, (540) 853-1166 Department Project Coordinator Contact Info: ~thony Ford, P.E., VDOT Salem District Enhancement Coordinator, 731 Harrison Avenue, Salem, VA 24153 (540) 378-5040 Project Costs and Reimbursement Estimated Project Estimated Eligible Estimated Eligible VDOT Costs (All Phases) Projett Costs Project Expenses $472,300 $240,000 $3,422,900 $4,135,200 Phase Construction Total Estimated Cost Total Maximum Reimbursement by Locality to VDOT N/A Total Maximum Reimbursement by VDOT to Locality $2,244,000 (may be reduced by eligible VDOT project expenses) PrOject Financing A 8 C D E Transportation Local Match (20%) ARRA Enhancement Local Funds Aggregate Allocations Enhanc~ment (80%) Funds (100%) (100%) (AtB+C+D) $844,000 $211,000 $1,400,000 $1,680,200 $4,135,200 Program and Project Specific Funding Requirements This project will be administered in accordance with the "Enhancement Program Procedure Manual" and the "Guide for Local Administration of Virginia Department of transportation Projects". Any expenses above the combined federal (80%) and local (minimum 20% match) will be at 100% project sponsor cost. 100% of eligible VDOT proj eet expenses will be recovered as follows: · 20% will be deducted from reimbursement requests. · 80% will be deducted from the Federal Enhancement allocation amount. Any additional ineligible items identified throughout project development will not be reimbursable. For Transportation Enhancement projects, the LOCALITY shall maintain the Project, or have it maintained, in a manner satisfactory to the Department or its authorized representatives, and make ample provision each year for such maintenance unless otherwise agreed to by the DEPARTMENT. SERF is not required for Enhancement projects. VDOT will assist with the Environmental Document preparation at the request of the project sponsor. Any state/federal water quality pennits remain the responsibility of the project sponsor. 06/09 Appendix A contract provision, provided by VDOT, in any contract agreement for ARRA projects. ARRA (stimulus funds) will be reimbursed to the project sponsor for construction costs only unless otherwise indicated and llpprovecl hy VDOT's J {Jell] Assistllnce J)ivisinn in llclvlInr.e The pr~ect costs eligible for ARRA funds will be reimbursed at 100% less any eligible VDOT project expenses. In accordance with Cfa policy, the project must be completed and the $844,000 Enhancement allocation expended by May 16. 2011 or the project may be subject to de-allocation. The completion deadline has been extended to accommodate the 2006 and 2008 funding-. This attachment is certified and made an official attachment to this document by the parties of this agreement Authorized Locality Official date VDOT Enhancement Program Manager date " 06/09 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 CECELIA T. WEBB Assistant Deputy City Clerk July 23, 2009 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 38543-072009 authorizing the City Manager to enter into an Agreement between the City of Roanoke and Roanoke County pertaining to shared use and maintenance of open recreational land located on property on which ,he Veterans' Administration Medical Center is located. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 20, 2009, and is in full force and effect upon its passage. Sincerely, ~~m.~ Stephanie M. Moon, CMC City Clerk Attachment pc: . William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Steven C. Buschor, Director, Parks and Recreation ~<<:~ . '\~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of July,2009. No.38543-072009. AN ORDINANCE authorizing the City Manager to enter into an Agreement between the City of Roanoke and Roanoke County pertaining to shared use and maintenance of open recreational land located on property on which the Veterans' Administration Medical Center is located; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, on behalf ofthe City of Roanoke, in form approved by the City Attorney, an Agreement with Roanoke County, pertaining to shared use and maintenance of open recreational land located on property on which the Veterans' Administration Medical Center is located, such Agreement to be upon such terms and conditions as are more particularly described in the City Manage(s letter dated July 20,2009, to this Council. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading ofthis ordinance by title is hereby dispensed with. ATTEST: , ~'rrJ.l~ City Clerk. . 0- V AMC Agreement with County. 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 July 20, 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: Memorandum of Agreement with Roanoke County for shared use of land owned by the United States Veterans' Administration Background: In 2007, the Parks and Recreation Department entered into a Memorandum of Agreement with the Veterans' Affairs Medical Center ("VAMC") that would allow for the use of recreational land located on VAMC, in exchange for maintenance and upkeep of approximately 18.08 acres, of which approximately 6.5 acres is recreational land (sports fields) for usage by the City of Roanoke and the VAMC. In an effort to promote regionalism and enhance recreational opportunities for the citizens of the Roanoke Valley, the City of Roanoke ("City") and Roanoke County ("County") desire to work together in a cooperative arrangement to offer additional sports fields within the local community. Therefore, the City and County would like to establish and maintain an agreement that would allow for shared use of open recreational land located on property owned by the United States Veterans' Administration, on which the VAMC is located, for joint maintenance and upkeep of such land as outlined in the Memorandum of Agreement previously entered into. The proposed Memorandum of Agreement, a copy of which is attached, contains mutually agreed upon terms and conditions, including a provision that the Agreement may be renewed for successive six (6) month terms, beginning Honorable Mayor and Members of City CQuncil July 20, 2009, Page 2 July 1 of each year, up to a total of four (4) successive additional six (6) month terms. Recommended Action: Authorize the City Manager to execute the attached Memorandum of Agreement, subject to it being approved as to form by the City Attorney, and to take any further actions necessary in order to facilitate this matter. Respectfully submitted, Darlene L. Bu City Manager DLB/ld 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 Steven C. Buschor, Director of Parks and Recreation Steven J. Talevi, Assistant City Attorney CM09-00 121 AGREEMENT Between The City of Roanoke and Roanoke County This Agreement Is hereby dated this _~~;ay of 9<ul1.., 2009 ("Agreement"), by and between the City of Roanoke ("City of Roanoke") and Roanoke County ("Roanoke County"). . 1. Purpose: To establish and maintain an agreement between the City of Roanoke and Roanoke County that will allow for shared use of open recreational land located on property owned by the United States Veterans' Administration, on which the Veterans' Administration Medical Center ("VAMC") 'is located, and for joint . ' maintenance and upkeep of such land as outlined in this Agreement. 2. Description of Subiect Property: The following area ("Subject Property") is subject to the terms of this Agreement: The United States' Veterans' Administration owns and controls approximately 18.08 acres of land of which approximately 6.5 acres is recreational land that is subject to an Agreement for field usage between the City and the VAMC. The Subject Property is the area of interest identified on Attachment A. 3. Statement of Mutual Benefits: In an effort to promote regionalism and enhance recreational opportunities for the citizens of the Roanoke Valley, the City of Roanoke and Roanoke County desire to work together in a cooperative arrangement to offer additional sports fields within the local community. VAMC Agreement-City-County-6-8-09.doc 1 4. Term: This Agreement shall commence on July 1 2009, and remain in effect through December 31, 2009. This Agreement will automatically renew for four (4) additional six-month terms, each beginning July 1 of each calendar year thereafter that the Agreement remains in effect and continuing through December 31 of such calendar year. This Agreement will automatically renew each year unless sooner terminated by either party. 5. Termination: If either party wishes to cancel this Agreement, the party must notify, in writing, the other party no less than 90 days prior to end of any six-month term this Agreement is in force. 6. Field Usage: a. Field Management and Maintenance: The City of Roanoke and Roanoke County shall share field use and maintenance of the Subject Property between July 1 and December 31 of each year this Agreement remains in force. b. Hours of Operation: Fields may be used between 8:00 a.m. until sunset, or 8:30 p.m., whichever first occurs seven (7) days per week. c. Uses Allowed: The Subject Property may be used by the parties for only. games, matches, practices or clinics in the sports of soccer, baseball, softball or lacrosse. d. Who May Use: The Subject Property may be used by any recreation team sponsored by either the City of Roanoke or Roanoke County, independent youth teams not sponsored by the City of Roanoke or Roanoke County or adult league teams, or travel teams, provided they have contacted and obtained permission for use from the City of Roanoke. Only teams, officials, and spectators may use the Subject Property for the purposes identified in this Agreement. VAMC Agreement-City-County-6-8-09.doc 2 e. Field Scheduling and Fees: The Subject Property may be used by the parties only after a permit has been applied for and received from the City of Roanoke. The City of Roanoke may charge field user fees in accordance with the City of Roanoke's fee compendium to cover the cost of maintenance and repairs. There shall be no charge for Roanoke County sponsored recreation teams to use the Subject Property. f. Priority of Use: City of Roanoke and Roanoke County shall schedule sponsored recreation teams first, the City of Roanoke and Roanoke County having the same amount of scheduled field usage, then all other users will be scheduled on a first-com~, first-serve basis. 7. Party Responsibilities: Goals and bleachers installed on ~ite are the responsibility of the City of Roanoke and Roanoke County using the Subject Property; all goals and bleachers must be securely anchored to the ground. It shall be the responsibility of each party to this Agreement to inspect such goals and bleachers before the time of use of such goals and bleachers. 8. Roanoke County Responsibilities: a. Roanoke County shall designate one employee to'communicate any issues to the City of Roanoke under this Agreement. b. Roanoke County shall ensure that all Roanoke County organizations or teams using the fields have appropriate permits issued by the City of Roanoke Parks and Recreation Department for play between July 1 and December 31 of each year. c. Roanoke County shall aerate the athletic fields a minimum of once per six-month term. Roanoke County will perform the aeration of such fields between September 1 and October 31, of each six-month term this' Agreement is in force. All areas shall be core aerated, with aeration performed in two directions to achieve maximum effectiveness. All cores VAMC Agreement-City-County-6-8-09.doc 3 shall than be dragged within 48 hours to reduce core accumulation on playing surfaces. d. Roanoke County shall fertilize athletic fields (approximately 6.5 acres) once per six month term, at a rate of 1.0 pounds of Nitrogen per 1,000 square feet for each application. Such fertilizer shall be applied between September 1 and October 31 of each term this Agreement is in force. The City of Roanoke will provide all fertilizer to adequately fertilize the athletic fields. e. Roanoke County shall seed all athletic fields once per year with a mixture of Kentucky Bluegrass and perennial ryegrass at the rate of minimum 3 pounds per 1,000 square feet during each application. Such seeds shall be applied between September 1 and October 31. f. Roanoke County shall be responsible for marking all athletic fields between July 1 and November 15 each term this Agreement is in force. Fields shall be marked every two weeks or as deemed necessary by the parties. 9. City of Roanoke Responsibilities: a. The City of Roanoke shall provide trash receptacles and shall empty such trash receptacles a minimum of two times per week between July 1 and the conclusion of seasonal field rentals, or December 3151, whichever is sooner, during any term this Agreement is in force. b. The City of Roanoke shall mow the athletic fields of the Subject Property, and any immediate surrounding areas (approximately 6.5 acres) during any term this Ag reement is in force. Mowing shall be performed at a minimum of 14 day intervals, (depending upon amount of turf growth) so as to maintain a maximum 3.5" height of cut. c. The City of Roanoke shall install and maintain, or have installed and maintained, portable toilet facilities from July 1 through December 31 of any term this Agreemen.t is in fqrce. VAMC Agreemem-City-County-6-8-09.doc 4 10. Records and Revenue SharinQ: Roanoke County and the City of Roanoke will record all supplies purchased and all man-hours worked, identifying the task, date and hourly rate, of each person that performs services under this Agreement. Roanoke County shall provide the City of Roanoke with such maintenance records and the City of Roanoke will provide such maintenance records, along with a detailed revenue report, by January 7 of each calendar year. The City of'Roanoke shall provide to Roanoke County one-half of the revenues generated from field rentals by January 31 of each year. 11. Insurance Coverage: Roanoke County must provide a certificate of ge'neral liability insurance with a minimum amount of one million dollars and no cents ($1,000,000.00), naming the Department of Veteran's Affairs as an insured party with the City of Roanoke and Roanoke County each providing similar coverage between July 1 and December 31 of each year. a. Requirement of insurance. Roanoke County shall, at its sole expense, obtain and maintain during the life of this Agreement the insurance policies required by this section. Any required insurance policies shall be effective prior to the beginning of any work or other performance by Roanoke County under this Agreement. The following policies and coverages are required: (1) Commercial General liability. Commercial general liability insurance shall insure against all claims, loss, cost, damage, expense or liability from loss of life or damage or injury to persons or property arising out of Roanoke County's performance under this Agreement. The minimum limits of liability for this coverage shall be one million dollars and no cents ($1,000,000.00) combined single limit for anyone occurrence. VAMC Agreement-City-County-6-8-09.doc 5 (2) Workers' Compensation. Workers' compensation insurance covering Roanoke County's statutory obligation under the laws of the Commonwealth of Virginia and employee's liability insurance shall be maintained for all its employees engaged in work under this Agreement. Minimum limits of liability for employer's liability shall be one hundred thousand dollars and no cents ($100,000.00) ( bodily injury by accident each occurrence; five hundred thousand dollars and no cents ($ 500,000.00) bodily injury by disease (policy limit); and one hundred thousand dollars and no cents ($100,000.00) bodily injury by disease (each employee). With respect to workers' compensation coverage, Roanoke County's insurance company shall waive rights of subrogation again'st the City, its officers, employees, agents, volunteers and representatives. (3) Automobile Liability. The minimum limit of liability for automobile liability insurance shall be one million dollars and no cents ($1,000,000) combined single lim it applicable to owned or non-owned vehicles used in the performance of any work under this Agreement. b. Umbrella Coverage. The insurance coverages and amounts set forth in subsections (a), (1), (2), and (3) of this section may be met by an umbrella liability policy following the form of the underlying primary coverage. Should an umbrella liability insurance coverage policy be used, such coverage shall be accompanied by a certificate of endorsement, stating that it applies to the specific policy numbers indicated for the insurance providing the coverages required by subsections (a), (1), (2), and (3), and it is further agreed that such statement shall be made a part of the certificate of insurance furnished by Roanoke County to this City. c. Evidence of Insurance. All insurance shall meet the following requirements: VAMC Agreement-City-County-6-8-09.doc 6 (1) Prior to execution of this Agreement, Roanoke County shall furnish the City a certificate or certificates of insu ranee showing the type, amount, effective dates and date of expiration of the policies. . Such certificates shall be attached to this Agreement at the time of execution of this Agreement and shall be furnished in a timely fashion to demonstrate continuous and uninterrupted coverage of all of the required forms of insurance for the entire term of this Agreement. (2) The required certificate or certificates of insurance shall include su bst'antially the following statement: The insurance covered by this certificate shall not be canceled or materially altered, except after thirty (30) days written notice has been received by the Risk Management Officer for the City of Roanoke. (3) The required certificate or certificates of insurance shall name the City of Roanoke, its officers, employees, agents, volunteers and representatives as additional insureds. (4) Where waiver of subrogation is requ ired with respect to any policy of insurance required under this section, such waiver shall be specified on the certificate of insurance. (5) Insurance coverage shall be in a form and with an insurance company approved by the City which approval shall not be unreasonably withheld. Any insurance company providing coverage under this Agreement shall be authorized to do business in the Commonwealth of Virginia. 12. Drug Free Workplace: During the performance of this Agreement, Roanoke County_shall: (i) provide a drug-free workplace for Roanoke County~s employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is VAMC Agreement-City-County-6-S-09.doc 7 prohibited in Roanoke County~s workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of Roanoke County that Roanoke County maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over ten thousand dollars and no cents ($10,000.00) so that the provisions will be binding upon each subcontractor or vendor. For the purpose of this section, "drug-free workplace" means a site for the performance of work done in connection with this Agreement. 1 3. Non-Discrimination: Equal Employment Opportunity: During the performance of this Agreement, Roanoke County agrees as follows: a. Roanok~ County will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in .employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Subject Property. Roanoke County agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondfscrimination clause. b. Roanoke County, in all solicitations or advertisements for employees placed by or on behalf of Roanoke County, will state that Roanoke County is an equal opportunity employer. c. Notices, advertisements and solicitations placed in accordance with federal laws, rules or regulations shall be deemed sufficient for the purpose of meeting the requirements of this section. d. Roanoke County will include the provisions of the foregoing subsections in every contract or purchase order of over ten thousand dollars and no cents ($10,000.00) so that the provisions will be binding upon each contractor or vendor. VAMC Agreement-City-Cou nty-6-8.09 .doc 8 14. Compliance with Laws. Regulations. and Immigration Law: Roanoke County agrees to and will comply with all applicable federal, state, and local laws, ordinances, and regulations, including all applicable licensing requirements. Roanoke County further agrees that it does not, and shall not during the performance of this Agreement, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986. 1 5. Notices Any notice, request or demand given or required to be given under this Agreement shall, except as Qtherwise expressly provided herein, be in writing and shall be deemed duly given only if delivered personally or sent by certified mail, return receipt requested to the addresses stated below. To the City of Roanoke: Mr. Steve Buschor Director, Parks and Recreation 210 Reserve Avenue, S.W. Roanoke, Virginia 24016 Fax No. 540-853-1287 With a Copy to: City of Roanoke Attn: City Manager 364 Noel C. Taylor Municipal Building 21 5 Church Avenue, SW Roanoke, Virginia 24011 Fax No. 540-853-1138 To the County of Roanoke: Mr. Pete Haislip Director of Parks, Recreation and Tourism 1206 Kessler Mill Road Salem, VA 24153 Fax - 540-387-6146 VAMC Agreement-City-County-6-8-09.doc 9 Notice shall be deemed to have been given, if delivered personally, upon delivery, and if mailed, upon the third business day after the mailing thereof. 16. No Third Party Beneficiaries: . The provisions of this Agreement are for the exclusive benefit of the parties hereto and not for the benefit of any third person, nor shall this Agreement be deemed to have conferred any rights, express or implied, upon any third person unless otherwise expressly provided for herein. 17. Entire Agreement: This Agreement represents the entire agreement between the parties and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement shall not be amended or modified except by written instrument signed by the parties. WITNESS the following signatures and seals: ATTEST: CITY OF ROANOKE, VIRGINIA Stephanie M. Moon, City Clerk By_____________________________________ Its City Manager ATTEST: ROANOKE COUNTY (Title)Clerk of the County By______________________________________ (Title) County Administrator Approved as to Execution: Assistant City Attorney for City of Roanoke Assistant City Attorney for City of Roanoke VAMC Agreement-City-County-6-8-09.doc 10 ~ ~ ~ Attachment A ~ (J)~ f77 ~ ~ 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 CECELIA T. WEBB Assistant Deputy City Clerk July 24, 2009 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I,am attaching copy of Resolution No. 38544-072009 authorizing the City Manager's issuance and execution of additional amendments to the City 'contract with Cunningham + Quill Architects, PLLC, in an amount up to $ 700,000.00, for additional architectural and engineering services for renovation of the City Market Building. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 20, 2009. " Sincerely, ~~Yn. ~ Stephanie M. Moon, CMC City Clerk Attachment pc: William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director, Management and Budget Robert K. Bengtson, Director of Public Works Philip C. Schirmer, City Engineer p~' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of July, 2009. No. 38544-072009. A RESOLUTION authorizing the City Manager's issuance and execution of additional Amendments to the City's Contract with Cunningham + Quill Architects, PLLC, in an amount up to $700,000 for additional architectural and engineering (AlE) services for the renovation of the City Market Building; and authorizing the City Manager to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of all such Amendments to the above mentioned CQntract, as well as the Contract itself BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized, for and on behalf of the City, to issue and execute such additional Amendments as may be necessary to the City's Contract with , Cunningham + Quill Architects, PLLC, in an amount up to $700,000 for additional AlE services for the renovation of the City Market Building, all as more fully set forth in the City Manager's letter to this Council dated July 20,2009. 2. The form of such Amendments shall be approved by the City Attorney. 3. Such Amendments will provide authorization for additions to the work, with an increase in the amount of the Contract and provided the total amount of such Amendments will not exceed an additional $700,000, all as set forth in the above letter. 4. The City Manager is further authorized to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and "'\ R-Cunningham+Qui11 Contract Amendment.doc 1 enforcement of all such Amendments to the above mentioned Contract, as well as the Contract itself. R-Cunningham+Qui11 Contract Amendment.doc 2 CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www,roanokeva,gov July 20, 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: Su bject: Amendment to Contract for City Market Building - Design Services Background: The City entered into a Contract with Cunningham + Quill Architects, PLLC (CQA) dated January 29, 2009, for the design of renovation improvements to the City Market Building. CQA was selected in accordance with the City's procurement policies and procedures. The Contract for the project was for multiple phases, including full design and construction architectural and engineering (AlE) services for the project following City approval of the schematic design. CQA presented schematic designs and corresponding budget recommendations to City Council on April 20, 2009. Council's acceptance of those recommendations proVided the basis for development of the Capital Improvement Project for the City Market Building. City Council directed staff to move forward with the City Market Building design and a companion streetscape improvement project at its meeting onJuly 6,2009. The project is intended to maximize the use of available tax credits. Further, City Council agreed to fund the full AlE services in the additional amount of $700,000 for the project design and other AlE or related work. City staff has negotiated an acceptable Contract Amendment with CQA to proceed with the full AlE design services for the project for an additional lump sum fee of $499,000. In addition to this lump sum fee, other project expenses connected with the design and development of the work may include surveying, environmental testing or remediation, plan review and building permit fees, utility fees, costs associated with procurement of Honorable Mayor and Members of City Council July 20, 2009 Pag e 2 construction services, and related expenses and costs of this nature. Some of these items may be requested to be performed by CQA and some may be obtained independently, in order to allow for the most efficient use of resources. Therefore, there could be additional amendments needed to the Contract with CQA to perform additional services as the project develops. However, the total of any such amendments to the Contract with CQA would not exceed the additional funding amount of $700,000 mentioned above without prior Council approval. The proposed amendments to the Contract with CQA for the additional services referred to above exceeds the greater of 25% of the original Contract amount or $50,000; therefore, in accordance with the City Charter, City Council approval is needed to pay for such additional services through additional amendments to the current Contract with CQA. Funding in the amount of $700,000 will be available for the above requested items in Account No. 09-300-8137-9003, subject to the approval of the Capital Improvement Program (CIP) update and associate transfer of funds to a project account. Recommended Action: Authorize the City Manager to execute additional amendments, approved as to form by the City Attorney, to the City's Contract with Cunningham + Quill Architects, PLLC in an amount up to $700,000 for additional professional services as mentioned above, such amendments to include an amendment for the $499,000 for the AlE design services referred to above. Authorize the City Manager to take such actions and to execute such documents as may be necessary to provide for the implementation, administration, and enforcement of all such amendments to the above mentioned Contract with CQA, as well as the original Contract itself. Respectfully submitted, DLBIPCSlwp 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 Robert K. Bengtson, Director of Public Works Philip C. Schirmer, City Engineer CM09-00 131 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 CECELIA T. WEBB Assistant Deputy City Clerk July 24, 2009 Cindy H. Poulton, Clerk Roanoke City School Board 40 Douglass Avenue, N. W. Roanoke, Virginia 24016 Dear Ms. Poulton: I am enclosing copy of Resolution No. 38545-072009 (i) authorizing the School Board for the City of Roanoke to repair, rehabilitate or equip Fallon Park Elementary School, Round Hill Montessori Primary School, Morningside Elementary School and Wasena Elementary School; and (ii) authorizing the filing of an application with the Virginia Department of Education seeking an allocation of authority to issue the City's general obligation qualified zone academy bonds, in an amount not to exceed $1,530,882.00, to finance a portion of the repairs. The abovereferenced measure was adopted by the Council of the' City of Roanoke at a regular meeting held on Monday, July 20, 2009. Sincerely, A4l~ Yr\. ~~ Stephanie M. Moon, CMC City Clerk Enclosure pc: George J. A. Clemo, Attorney, Woods Rogers, PLC, 10 S. Jefferson Street, Roanoke, Virginia 24011 Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director, Management and Budget Gh:S IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of July,2009. No. 38545-072009. A RESOLUTION (i) authorizing the School Board for the City of Roanoke to repair, rehabilitate or equip Fallon Park Elementary School, Round Hill Montessori Primary School, Momingside Elementary School and Wasena Elementary School (the "Repairs"); and (ii) authorizing the filing of an application with the Virginia Department of Education seeking an allocation of authority to issue the City's general obligation qualified zone academy bonds in an amount not to exceed $1,530,882 to fmance a portion of the Repairs. WHEREAS, the School Board (the "School Board") for the City of Roanoke of Roanoke, Virginia (the "City") has determined that it is necessary to undertake the Repairs and has requested the City to issue its general obligation qualified zone academy bonds in an amount not to exceed $1,530,882 to fmance a portion of the Repairs (such portion of the Repairs, the "Project"); and WHEREAS, in order to finance the Project, the City reasonably expects to issue a qualified tax credit bond within the meaning of S54A of the Internal Revenue Code of 1986, as amended (the "Code"); and WHEREAS, the City intends to issue debt obligations for the Project as "qualified zone academy bonds" within the meaning of Section 54E of the Code (such bonds, the "QZABs"). BE IT RESOLVED by the Council of the City of Roanoke that: 1. The School Board is authorized to undertake the Project, and is authorized to expend out of the City's capital improvement fund up to $1,530,882 for the cost of the Project. 2. In accordance with S54A of the Code and U.S. Treasury Regulations S 1.1397E-1(h) and S 1.150-2, it is hereby declared that the City reasonably expects to reimburse expenditures for the Project with proceeds of a qualified tax credit bond within the meaning of S54A of the Code, to be incurred by the City. The maximum principal amount of the QZA}3s expected to be issued for the Project is $1,530,882. {#1249372-1,077826-00065-01} 3.. This is a declaration of official intent under S54A of the Code and u.s. Treasury Regulations S 1. 1397E-1 (h) and S 1.150-2. 4. The City Manager, any Assistant City Manager, the Chairman of the School Board or the Superintendent of Schools is hereby authorized to file an application with the Virginia Department of Education seeking an allocation of authority to issue the City's general obligation QZABs pursuant to the Public Finance Act and Section 54E of the Code in an amount not to exceed $1,530,882 (the "2009 QZABs") to fmance the cost of the Project. 5. The City Clerk is hereby authorized and directed to publish in accordance with applicable law a notice of public hearing in connection with the proposed 2009 QZABs. 6. This Resolution shall take effect immediately. The undersigned Clerk of the City of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the City Council held on July 20,2009, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was presen( Present Absent Aye Nay Abstain David A. Bowers, Mayor x x Sherman P. Lea, Vice Mayor x x M. Rupert Cutler x x Gwendolyn W. Mason x x Anita 1. Price x x Court R. Rosen x x David B. Trinkle x {#1249372-1,077826-00065-01} WITNESS MY HAND and the seal of the City of Roanoke, Virginia, this 24tlrlay of July, 2009. [SEAL] {#1249372-1,077826-00065-01} 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 July 20, 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 David Bowers and Members of City Council, Subject: Authorization for Application for Qualified Zone Academy Bonds (QZAB) - for Roofing Projects at Fallon Park Elementary School, Round Hill Primary School, 'Morningside Elementary School and Wasena Elementary School Background and Current Situation: The FY1 0 - FY14 Capital Improvement Program (CIP) includes funding of $2.5 Million in FY10 for School Roofs Replacement. The City plans to issue General Obligation Bonds through Virginia Public School Authority (VPSA) for these projects. Recently, we have learned that Qualified Zone Academy Bonds (QZAB) may be available to fund up to $1,530,882 of the final construction costs. The QZAB initiative is a Federal program that allows lending institutions, private businesses and schools 'to form a mutually beneficial partnership to support education.' The program permits the City to sell interest-free tax credit bonds to banks or other qualified financial institutions to finance repairs, rehabilitation, equipment, training or curriculum materials for a qualifying school. Schools qualify based on (a) their partnership with private business to enhance the academic curriculum, increase graduation and employment rates and better prepare students for college and the workplace (including a required matching private contribution of at least 10% of the QZAB amount), and (b) the percentage of fre'e lunch students which must be 35 percent or greater. Each school associated with these projects meets this free lunch criteria. Our goal is to utilize QZAB funding to the extent available, in lieu of VPSA financing, due to the interest savings associated with this financing option. If QZAB proceeds are received by the school division, the FY1 0 VPSA bond financing for school roofs projects will be reduced by the amount of QZAB proceeds (expected to be $1,530,882). Honorable Mayor and Members of City Council July 20, 2009 Page 2 Recommendations: City Council adopt the accompanying resolution to authorize the application for the issuance of General Obligation Qualified Zone Academy Bonds (QZAB) in an aggregate principal amount not to exceed $1,530,882., for the purpose of financing certain rehabilitation, repairs, and/or equipment for the roofing projects at Fallon Park Elementary School, Round Hill Primary School, Morningside Elementary School and Wasena Elementary School. Sincerely, ~Vv--. Ann H. Shawver Director of Finance c: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Stephanie M. Moon, City Clerk Sherman M. Stovall, Director of Management and Budget Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools Curtis D. Baker, Deputy Superintendent for Operations, Roanoke City Public Schools George J.A. Clemo, Woods Rogers PLC 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 CECELIA T. WEBB Assistant Deputy City Clerk July 24, 2009 Ann H. Shawver Director of Finance Roanoke, Virginia Dear Ms. Shawver: I am attach'ing copy of Budget Ordinance 'No. 38547-072009 un-appropriating funding from State Grant Funds for the Riverland Road, Bennington Street and Mount Pleasant Boulevard Project; and amending and reordaining certain. sections of the 2009-2010 Capital Projects Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 20, 2009, and is in full force and effect upon its passage. Sincerely, ;ft;tJ~'m. ~ Stephanie M. Moon, CMC City Clerk Attachment pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Sherman M. Stovall, Director, Management and Budget Robert K. Bengtson, Director of Public Works Mark D. Jamison, P.E., Transportation Division Manager ~~/ IN THE COUNCIL OF THE CITY OF ROANOKE,. VIRGINIA The 20th day of July,2009. No. 38547-072009. AN ORDINANCE to un-appropriate funding from State Grant Funds for the Riverland Road, Bennington Street and Mount Pleasant Boulevard Project, 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 State Grant Funds Revenues VDOT-Riverland Road.lMt. Pleasant! Bennington Street 08-530-9512-9007 $ (1,000,000) 08-530-9512-9913 (1,000,000) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~'rh.~ 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 STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk JuJy 28, 2009 Leo Rutledge, Urban' Program Manager ,Salem and Culpeper Districts Virginia Department of Transportation 1401 E. Broad Street, Room 404 Richmond, Virginia 23219 Dear Mr. Rutledge: I am enclosing copy of Resolution No. 38546-072009 approving the location and major design features of the Riverland Road Improvement highway project in the City of Roanoke and requesting the Virginia Department of Transportation to begin right-of-way acquisition. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular me'eting held on Monday, July 20, 2009. Sincerely, ~fvJ.~ Stephanie M. Moon, CMC City Clerk Enclosure pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director, Management and Budget Robert K. Bengtson, Director of Public Works Mark D. Jamison, P.E., Transportation Division Manager " ~~\ l IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of July,2009. No. 38546-072009. A RESOLUTION approving the location and major design features ofthe Riverland Road Improvements highway project in the City of Roanoke and requesting the Virginia Department of Transportation to begin right-of-way acquisition. WHEREAS, a Design Public Hearing was conducted on March 31, 2009, in the City of Roanoke by representatives of the Virginia Department of Transportation, after due and proper notice, for the purpose of considering the proposed design ofRiverland Road, Project UOOO-128- 132, PE101, RW201, C501, UPC 71741, in the City of Roanoke, at which hearing drawings and other pertinent information were made available for public inspection in accordance with state and federal requirements; WHEREAS, all persons and parties III attendance were afforded full opportunity to participate in the public hearing; WHEREAS, representatives of the City of Roanoke were present and participated in the hearing; WHEREAS, the Council has previously requested the Virginia Department of Transportation to program this project; and WHEREAS, the Council has considered all of the foregoing matters. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The location and major design features of the proposed project as presented at the Public Hearing are approved. R-Riverland Road Improvements Project.doc 1 2. The Virginia Department of Transportation is requested to acquire all rights-of- way necessary for this project, conveying such rights-of-way as lie in this City to the City of Roanoke at the appropriate time. 3. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, for and on behalf ofthe City, any and all necessary documents pertaining to this project, such documents to be approved as to form by the City Attorney, and to furnish such additional infonnation as may be required by the Virginia Department of Transportation in connection with the proj ect. 4. The City Clerk is directed to transmit an attested copy of this Resolution to the Virginia Department of Transportation. ATTEST: / hlj h10W0 City Clerk.' C R-Riverland Road Improvements Project.doc 2 CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S,W" Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva,gov July 6, 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: Riverland Road Improvements VDOT Proj. No. UOOO-128-1 32 UPC 71741 City of Roanoke Background: The Virginia Department of Transportation (VDOT) has programmed an intersection improvement project at the intersection of Riverland Road, Bennington Street, and Mount Pleasant Boulevard. The project consists of the' construction of a roundabout to improve traffic operations at this location and the addition of curb, gutter, sidewalk, a shared-use path, and other streetscape amenities. Considerations: VDOT and the City of Roanoke held a Citizen Information Meeting on June 19, 2008 and a Public Hearing on March 31, 2009 to gather public comments. Those comments have been considered and incorporated as appropriate. The City's Street Design Team reviewed the plans and suggested revisions that have been incorporated. Staff has briefed the Planning Commission as well. Pertinent design features included with the project include the roundabout; the addition of curb, gutter, and sidewalk; a shared-use path that provides a connection to the Roanoke River Greenway; wide outside lanes to accommodate on-street bicyclists, separation between the shared-use path and the street to permit street trees, and modifications to the traffic signal at Riverland Road and Garden City Boulevard to enhance traffic operations in the corridor. Honorable Mayor and Members of City Council July 6, 2009 Page 2 Right of way acquisition is currently scheduled to begin in FY2010 with construction to follow in FY2012. Total project cost is approximately $7.5 million for which the City will be responsible for two percent of the total cost or approximately $150,000. Funds are available in the Riverland Rd/ Mt Pleasant/ Bennington project capital account, 08-530-9512. When the project was initiated, the City agreed to administer the project with funding provided by the State. At that time, a revenue estimate was created and $1,000,000 was appropriated into the project account (Council action 37401-051506.) As the project grew in complexity, specifically with regard to environmental and right of way considerations, the City asked VDOT to assume responsibility for project administration. As a result, the $1,000,000 that is identified in the capital account as appropriated from State grant funds should be un-appropriated and the revenue estimate removed from the account. Recommendations: Adopt the accompanying resolution approving the major design features of this project, requesting VDOT to acquire all rights of way necessary for this project and conveying said rights of way to the City at the appropriate time, and authorizing the City Manager to execute, on behalf of the City of Roanoke, all necessary agreements required in conjunction with the project, such agreements to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to un-appropriate the $1,000,000 identified as appropriated from State grant funds that currently exists in the project capital account, 08-530-9512. Respectfully submitted, ~ 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 Robert K. Bengtson, P.E., Director of Public Works Mark D. Jamison, P.E., Transportation Division Manager CM09-00 11 2 " . .' S~orm Waftsll' lUJfti~ifty~ ?- i; . Rodnoke City Council July 20,2009 Sftoll'm Waftell' lUJftmfty .~~ ROANOKE '~~, :~~: :RQANOKEi o All properties contribute runoff and pollutants o Fees are assessed in proportion to a property's cont~ibution to ru noff o Runoff is proportional to Impervious Surface o Municipal Separate Storm Sewer System (MS4) is regulated for water quality ,~..;;"r-";~':',J-o..r~"-: 0' Service area is 'the City of Roanoke / ().'~I" _"'r:) '" ,'[ r__ "..' - "'.- - .--r"-~.. ~ ~ -.AcY 0f rcCJ~JJC.ME:i ~r::fJfJWE:iE:iIJfJg UJ'/JbJUn Briefing 11 ':-:' .-. -I -.:: .:-) 0- n, ~~ ... '''':-'' ,:1:1 (-I 1= r-' ~-", ell ~ .s.:. co Cn C.J 1 .- lDe'dlocatedl SlPecoa~ lRevelnllUle ,~~' ~ROANOKE: o Operate and maintain storm water systems . "t"~::-'- . · Program Administration <;t:. o Real Property for capital improveme,nts oe:-~fl~ipeering design '"-' .".tl., o Construction costs o Monitoring of control devices o Pollution control and abatement o Maintenance of storm water facil ities eH) oj F{0~jJJDj\3 ~ .E;[jf)JfJ.30:irJfJ.0 Dl'lJgJon Roanoke's Identified Storm Water Needs :~~ 80ANQ.Kj:: o Capital Improvements - $60+ million, approximately 200 projects . . ~.~./ o Maintenance and reR,~ir of aging infrastructure o Storm water quality regulatory requirements for MS4 - VPDES Permit .. -,;~,;:rMDL - Impaired waterways eJl) 0'1 nO~ln0jc:J ~ EngJHO:iO:iiJnfJ DJ'lJsJon 2 Typical Drainage Issues ,~..:' :RQA.f'!()Kr:: GHy ujEu~JfJu)(:; - En~ln:;:;fln~ Dl'Jblon Typi~al Drainage Issue 1Ir:P..! ;~IIIIIIIli1' J~OI\!'lOKEJ Fresno Street CHy c/f 'J{u~jn0h -f:n~lm:;r1n~ Dl'JL,,;lun 3 Typical Drainage Issues :~. :ROANOKE f"J I)' hf- ()rn-]! 1- "'." -(" '"','" j ."J "J~ JChc3 - .c:fJ;JfJ':i3rJn0 JJf'JJ3Jc.;fJ Typical Drainage Problems ,~tii 'Ro.AN9~E eE) Df }{O"OJfJ0),S - EIJ0JnssrJfJ0 DJvJsJo[] 4 PIl"OlPosedl S~olrm Wa1~ell" U~D~D~Y . ' o Cash funded program based on collected revenue o Capacity to implem~nt $3.0 million in new projects annually ((.. o Build a maintenance reserve (5%) o Offer incentives and lor credits for those willing to go --beyond regulatory requirements or retrofit existing facilities ;-o~- [;H) 01 Jh~m0)(3 - EJJ01n33r1n<:j Dl'J]3bJJ !P>ll"olPosedl [P>ll"o~ec~s 'Ir?~: ~ L..:S!, ,ROANQKEi o Projects have been identified for the first three years of the program - Neighborhood Pr()jeCts - Average projectvatue:$105,000 CHyu1 'F{0~m0b -EfH:JJna",:rJng Dl\/13bJJ 5 City 01 Roaootc:e stCrmW_l."lII'!y Pfvj~L<Il:Ol&>1l!Ii FY2OlJ9.:'lJtD 2010 20 Projects, $2,7M A~L~l /~~~~..., ~ ~~~\,;;,t..:5::t'**':>D\, L "..,,' ".~?~ -0.--,-.;, J " k~~t~-.i"+:$}{~-~Sy "j~~%~l,~k~ (;;:i,.~~i~JtSfJ / .:v{l/,,';7:~:.:~r- V\ ~,,_ 1*. -'~I~j 1:1_ - -i,- I=--.. Cl:"- 'r eny of 'rb~jnDJ~3 ~ ~rj0Jn33rJn0 UJ'IbJun City of Roanoke' ~~~ 2011 29 Projects $2,9M ".~. ..1~ ;-': I V\~..-". \ ~ _ -r '\. { , ... \" ..i-::-~~~'? ,.........:-~ I. " ,.--.' ""~." '.-.-.- 7j-':/~~:~~?~5~~i;!;:S~~~'.'.~./~ ')J H,"-*_~',",,_ ",J!:____,~ ~4~~I~~~J- , ~:k.i'.'~.'.'.i:.":.:;.;...... MF- 1~' \~~C~~~~: ~-: t~9 *--- '.- r.;__'- 1:1_ -.- M_ r::::I:-_ !- i -f- eny DJ 'r{0~j[lDJ~3 ~~[j01n3':irJn0 DJ'Ib10n ".--1 :~~, I3QANOI(~: :~~ ROANOKE 6 Cityof_. ~= 2012 39 Projects $2,7M -~~ ~~"^;:\ /d~:~~ i_S4i~-~$l.--,\, (:.I:~.'*~__~:~~*~;~:</ ~ r,-j...,."........" ~--"'-,., :;;!1~' F:7:;~~..,t"2;"*~J?~=:.;,;_lf ..> -/f' ~ '.'__." -..". -.. a.. Cl -.'_ '.":':"'~".".'--" '.' .'.'.....".1..1\.1 (." .._ ::.' ../~ rn' )-:~:_~'~;~?~~:~~.',.':~~t~;~~'~~~~ } .. '.. ' -." ..' ~ '''~::.:J h.;;~~:d/'tiULZ.2~~~t~t.;.~'p.kt -.- ,.,......-. -r\ ""-=-'b<"--<:I'-- ",,^, ' v~~ -~)"-'/,"~r::~;~-i~/r -' -' .;:./\J'..,'.-'..'.,'-....-..- "'." V".:~". E *-- ,.:- lD- :.:l-...~ m- = :- CJ..._ -- , , --t-- elly ul F!.O'OH'jck'J ~.2fJgJJJ8OJrlfJ0 DJ,jl~lc)fj S~ove~ Ready IPlrojec~s o Camille Avenue-MoQrnaw Avenue ./"~::;:, . o Westside Boulevard .' 'i;;" o And rews Road ' o King Street and Bell~ Avenue CJ~y[)l F!.o'O]f}uh -E:ngJnOJOJrlfl'j DJ:!J3Jun ;~~ ,~~ ROANOKE ~-- ~~, 'ROANOKE i 7 . " P"rogram Outline I~---' ~~ ROANOKE o $3.00 per month Equivalent Residential Unit (ERU) for residential properties o Commercial propertiE:}s will be assessed on the measured imperJf6us surface . \(.., o $3.00 per month per 1,942 square feet of impervious surface o"_,.9?timated annual revenue $3.6 million o 1/3 residential, 2/3 commercial GEy 0] J{02J{JDk:J ~ En0JJJ':i:;rln0 Dblo;lon Current Storm Water Utilities in Virginia '~~. ,~~ ROANOKE' Locality II NPOes Single-family Reside';ilal Commercial Storm water " Total Annual Phase II Stormwater Fee Fee Revenue Phase II (per month) (per month) Generated ~ ~ , City 01 Phase I $8,08 Non-Residential - . $10.6 million $8,08/2000 1t2 01 Norfolk, VA impervious area/day Phase I $6'!l-~;:';;:':' " .,' $6,05 per 2,269 sq, It, 01 $15.0 million City of Virginia Beach, VA impervious area City of Portsmouth, Phase I $6,00 *;~ $6.00 per 1,877 sq. ft. of $4.6 million VA impervious area City of Newport Phase I $5,10 $5.10 per 1,777 sq. ft. of $8.5 million News, VA impervious area City of.HalJ'lptiin, Phase I $4,60 $4,60 per 2,429 sq, It, 01 $4.8 million VA;;""' -' impervious area City of Chesa pea kej Phase I $6,83 $6,83 per 2, 112 sq, It, 01 $6.2 million VA impervious area :HRPDC/City 01 Phase I $5,24 $5,24 per 3,200 sq, It, 01 $3.5 million ,~ullolk impervious area Shy Ufi{02][J0)0:; -E:IJ0]ns",rl[J0 'Dlvjo;lcJn 8 . IPlroposed! S~olrm Wal~elr U~oW~y o All pro_perties pay the fee o Exemptions - Follow the state SO..ge~for required exemptions; generally public streets and Cit~ property - Vacant unimproved properties - "self contained" drainage systems CH) oj PC,l~jn C,l;,::; ~ En <:jln ::;::;Jln <:jDlvLJQn . /Plroposed! S~olrm Wal~elr U~m~y o Credits and Incentives - Development - Existing Properties ,,;. o Storm water management facilities that exceed minimum requirements Ot~-;eredits must be proportional to the permanent reduction in runoff and pollutant loading :Gll) of!HD2JnC,l;,.::; ~ Err<:jl[J:;::;JJfj<:j DlylsJDn 9 Plroposed 5~olrm Wal~elr U~m~y o 'Billing - Use current city billing"systems - Property owner is responsible for the fee -=f~equency of billing (rYlOnthly, quarterly, semi annual) ~<.-~>>-"'" eny Di J{!)~j[jD)(3 - EnfjJn33rlfJg DbbJoIJ Sclh1edllUl~e M D ~es~oll1es . Authorize formal development of Storm Water Utility Verify utility rates and revenues, Development Credits and >Inc-entives Public Education and Informatioff Interim City Council Progress Briefing Authorize public hearings '"tIiOld>Public Hearings o Adopt Storm Water Utility Ordinance, Begin Project Construction July 6, 2009 July - October 2009 ~ July - August 2009 Sept - November 2009 November 2, 2009 December 2009 January 4,2010 1st Quarter 2010 '\ Cnyoi ECJ~Jwy)(:J - EfJfjJIJ3:Jrlng DJvbbn " .. < ,~g~ ROANOKE '~-- ~~ ROANOKE 10 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: cIerk@roanokeva.gov City Clerk CECELIA T. WEBB Assistant Deputy City Clerk July 30, 2009 M r. Thomas L. McKeon 3350 One Oak Road, S. w. Roanoke, Virginia 24018 Dear Mr. McKeon: At a regular meeting of the Council of the City of Roanoke which was held on Monday, Ju Iy 20, 2009, you were appointed as a member of the Roanoke Arts Commission to fill the unexpired term of Kris Pedelty ending June 30, 2010. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." K:\oath and leaving service\Arts Conunission\Thomas L. McKeon oath June 30 20IO.doc Mr. Thomas L. McKeon July 30, 2009 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve as a member of the Roanoke Arts Commission. Cecelia T. Webb Assistant Deputy City Clerk CTW:ew Enclosures pc: Susan Jennings, Public Arts Coordinator, wjapplication K\oath and leaving service\Arts Commission\Thomas L. McKeon oath June 30 20 I O.doc COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE I, Cecelia T. Webb, Assistant Deputy City Clerk, and as such Assistant Deputy City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the twentieth day of July 2009, THOMAS 1. MCKEON was appointed to fill the unexpired term of Kris Pedelty ending June 30, 2010. Given under my hand and the Seal of the City of Roanoke this thirtieth day of July 2009. J _ ....J. City Clerk A.O IS 14, (. fA.ne .&,out-'( K\oath and leaving service\Arts Commission\Thomas L. McKeon oath June 30 20lO.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: cIerk@roanokeva.gov City Clerk CECELIA T. WEBB Assistant Deputy City Clerk July 30, 2009 Ms. Marlene M. Preston 3604 Winding Way Road, S. W. Roanoke, Virginia 24015 Dear Ms. Preston: At a regular meeting of the Council of the City of Roanoke which was held on Monday, July 20, 2009, you were appointed as a member of the Roanoke Public Library Board for a term ending June 30, 2012. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." K:\oath and leaving servi"ce\roa public libraryboard\Marlene M. Preston June 30, 2012 oath.doc Ms. Marlene M. Preston July 30, 2009 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve as a member of the Roanoke Public Library Board. Cecelia T. Webb Assistant Deputy City Clerk CTW:ew Enclosu res pc: Sheila S. Umberger, Secretary, Roanoke City Library K:\oath and leaving service\roa public library board\Marlene M. Preston June 30, 2012 oath. doc COMMONWEALTH OF VIRGINIA ( ) ) To-wit: ) CITY OF ROANOKE I, Cecelia T. Webb, Assistant Deputy City Clerk, and as such Assistant Deputy City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the twentieth day of July 2009, MARLENE M. PRESTON, was appointed as a member of the Roanoke Public Library Board for a term ending June 30,2012. Given under my hand and the Seal of the City of Roanoke this thirtieth day of July 2009. A~5i~ity Clerk ~~ . K\oath and leaving serviceiroa public library board\Marlene M. Preston June 30, 2012 oath. doc ~ ~ '. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of July,2009. No.38517-072009. ,A RESOLUTION memorializing the late David Kenneth Lisk:, member of Roanoke City Council from 1966 to 1976 and Vice-Mayor from 1972 to 1974. WHEREAS, the members of Council learned with sorrow of the passing of David Kenneth Lisk on Monday, May 25,,2009; WHEREAS, Mr. Lisk was born in Rome, New York, and graduated from the University of Rochester with a degree in Mechanical Engineering, then went on to serve as a pilot and flight instructor in the U.S. Air Force; WHEREAS, Mr. Lisk and his wife came to Roanoke in 1953 because of his work in sales, but 20 years later he gave up a position with Burlington Industries so that he would never have to be transferred away from the city he had grown to love; WHEREAS, Mr. Lisk was known for his outspoken advocacy on Council for issues he felt were important, always with all eye toward making the City the best it could be; WHEREAS, following the accidental death of then Mayor Roy L. Webber in 1975, Mr. Lisk declined ascension to the mayoralty so that the Rev. Dr. Noel C. Taylor could be installed as Mayor in the interest of promoting racial harmony in our City, which was borne out by Taylor's legacy; WHEREAS, in addition to his ten years on Council, Mr. Lisk founded the Roanoke Police Department's Civilian Police Program in the 1960s, and served one term on the Roanoke School Board in the 1980s; WHEREAS, Mr. Lisk demonstrated his devotion to the community by volunteering with at least a dozen civic organizations, including the Roanoke Jaycees, Roanoke Kiwanis Club, Roanoke Valley Heart Association, and the American Legion; , . , '" WHEREAS, born as it was out of then President Dwight Eisenhower's wish to prevent war, Mr. Lisk embraced the nascent Sister Cities International movement and its mission of promoting peace through mutual understanding, one community at a time; WHEREAS, not only did Mr. Lisk help to establish Roanoke's first Sister City alliance with Wonju, Korea, in 1964, he also devoted forty-five years to Sister Cities at the local, state, national, and international levels, including twenty years on the Sister Cities International Board of Directors, and thirteen years as Executive Director of the Roanoke Valley chapter; WHEREAS, despite many twists and turns along the road, Mr. Lisk never gave up his dream of creating an homage to Roanoke Valley Sister Cities so that citizens and visitors alike could know about the organization and its mission of cultural harmony; and WHEREAS, the Sister Cities spirit embodied by Mr. Lisk lives on in the now eight- nation RVSC family he helped to form, now captured by the beautiful flags and banners and other symbols that grace the new Sister Cities corridor at the Roanoke Special Events Center - Mr. Lisk's final vision for what had become his most devoted cause. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of David Kenneth Lisk, and extends to his family its sincerest condolences. ( 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Lisk's widow, Jean Hebard Lisk, of Roanoke, Virginia. ATTEST: 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 T. WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk June 16, 2009 Mrs. David K. Lisk 909 Carrington Avenue, S. W. Roanoke, Virginia Dear Mrs. Lisk: On behalf of the Mayor and Members of Roanoke City Council, I want to extend to you and your family our deepest sympathies on the recent passing of your husband, David K. Lisk. Please know that you have been in the thoughts and prayers of many in our City during this time. As a way to formally recognize Mr. Lisk and his contributions to Roanoke, the City Council will be adopting a memorial resolution at an upcoming meeting on July 15, 2009, at 7:.00 p.m. When Council plans to take such action, we do like to notify the family should they wish to be present. If this would be your desire, I would ask that you, or your designee, contact the City Clerk's Office at 853-2541 as this will prepare the Mayor to acknowledge your presence and to personally present to you the memorial resolution at the Council meeting. Knowing that these remain difficult days, we will certainly understand if you cannot be in attendance, and we will forward a copy of the resolution to you. Again, please know that our thoughts go with you. If my office can be of assistance to you in any way, do not hesitate to call upon us. Sincerely, ~:t!::::/::~~6~ City Clerk L:\CLERK\DA T A \CKSMI \CounciI.09\Lisk Memorial Letter.doc ~~ ..'-~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of July,2009. No.38518-072009. A RESOLUTION paying tribute to Patrick Henry High School's Men's Varsity Soccer Team for participating in the Virginia High School League Group AAA Men's Soccer State Tournament. ' WHEREAS, the Patrick Henry Men's Soccer Team put together a streak of fifteen consecutive wins during the 2008-2009 season and was ranked as high as 34th in the nation by ESPN before losing its last game; WHEREAS, this team, comprised of four seniors, nine juniors, seven sophomores, and four freshmen, showed great determination in its quest for the school's first State ~hampionship; WHEREAS, Patrick Henry's team won the Western Valley Regular Season Dist~ict Championship, the Western Valley District Tournament Championship, and the Northwest Region Championship; WHEREAS, the Patriots throughout this journey were able to go undefeated in Western Valley District games for two consecutive years and set school records in wins, winning percentage, goals scored, goals scored average, goals allowed, goals allowed average, shutouts, assists, shots on goal, and goals scored in a game; WHEREAS, the Patriots, with a record of 20-2, defeated Forest Park High School in the Northwest Region Quarterfinals in overtime by a score of 2-1, and stayed at home to defeat the ,; 2007 Group AAA State Runner-Up team from Osbourn Park High School 3-0 in the Northwest Region Semifinals;' and WHEREAS, the Patriots defeated Garfield High School 2-1 in a sudden death shootout to claim the school's first Northwest Region Championship; .' ) THEREFORE, BE IT RESOLVED by the Council of the City of R~anoke that Council adopts this Resolution as a means of recognizing and commending the Patrick Henry High School Patriots and its coaches for participating in the 2009 VHSL Group AAA Men's Soccer State Tournament on Tuesday, June 2,2009. ATTEST: 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 STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk July 24, 2009 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 38548-072009 authorizing the City Manager to execute the necessary documents providing for conveyance of a 25-foot wide parcel of City-owned property, being a lot on Gilmer Avenue, N. E., bearing Official Tax No. 3012825, to Jacqueline c. Williams for the purchase price of $1,700.00, 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, July 20, 2009, and is in full force and effect upon its passage. Sincerely, ~ n,. ~ Stephanie M. Moon, CMC City Clerk Attach ment pc: Jacqueline C. Williams, 57 Gilmer Avenue, N. E., Roanoke, Virginia 24016 William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Susan S. Lower, Director of Real Estate Valuation Cassandra L. Turner, Economic Development Specialist lIfe / IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of July,2009. No. 38548-072009. AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance ofa parcel of City-owned property, being a lot on Gilmer Avenue, N.E., Roanoke, Virginia, bearing Official Tax No. 3012825, to Jacqueline C. Williams, upon certain terms and conditions; and dispensing with the second reading ofthis ordinance. WHEREAS, a public hearing was held on July 20,2009, pursuant to SSI5.2-1800(B) and 15.2-1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such conveyance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, the necessary documents, providing for the conveyance of a 25 foot wide parcel of City-owned property, being a lot on Gilmer Avenue, N.E., Roanoke, Virginia, bearing Official Tax No. 3012825, to Jacqueline C. Williams for the purchase price of$1,700, upon certain terms and conditions, and as more particularly stated in the City Manager's letter to this Council dated July 20,2009. 2. All documents necessary for this conveyance shall be in form approved by the City Attorney. 3. Pursuant to the provisions of'Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~h1.Mll&vv City Clerk. . ~ K\David\Council Work\O-Convey Gilmer Avenue property, 7-20-09,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 July 20, 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: Sale of City-Owned Property: Tax Map No. 3012825 Background: Ms. Jacqueline c. Williams, property owner of 57 Gilmer Avenue, NE, Tax Map No. 3012824, has expressed a desire to purchase Tax Map No. 3012825 which is adjacent to her property. The current assessed value of the property is $3,500. The offer is $1,700 and is recommended by City staff for acceptance following the proper public hearing on disposition of City owned property. Disposition of this property at the offered value to the abutting property owner will relieve the City of current and future costs of maintenance and upkeep, and return the property to the real estate tax roles. This 25ft. wide parcel is of little current or future value as to a viable public use. Recommended Action: Following a public hearing, authorize the City Manager to execute a deed, and any other appropriate documents, approved as to form by the City Attorney, necessary to transfer Tax Map No. 3012825 to Ms. Williams. Darlene L. Bur ham City Manager DLBlclt Honorable Mayor and Members of City Council July 20, 2009 Page 2 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 Susan S. Lower, Director of Real Estate Valuation Cassandra L. Turner, Economic Development Specialist CM09-00 11 6 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times.,_, -- - - - - - -- - - --- --- - - - - -- - -- - - - - - - - - - -- -- -- - - -- - - - - -+- - - - -- ---- - - - - - -- - - - ---- OFFICE OF ECONOMIC DEVELOPMENT 117 CHRUCH AVE ROANOKE VA 24011 REFERENCE: 80084300 11503566 NPH-Sale of Property 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 __l3~day of JULY 2009. Witness my hand and official seal. -~~~ PUBLISHED ON: 07/11 \\\111111""" ,\ ...'DY A '" ,'''-:-''< / A ", " ('). r . . . . . . . . """f I _ " , <Q" . N . r '" ~ .... orA.AY.' ~ "'~ ::...L .. PUBLIC" ~ -:. :: .or : AE '. ~ :: - . G, #709 . - = C'): My COM.~A 0930: = :: 0:. ~'Vi!SSION : * :: -:. ~ '. IR S : :: .. ~" . -JI .'.s:.~'" .. ~ . .' ,~,... "'",/!t:4L TH"O"F' ~\~~"", '" \\\ """1111\ TOTAL COST: FILED ON: 190.32 07/11/09 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 1 I I I _I I I I I 1 I I 1 I --==- -\ NOTICE Of' PUBLIC \ The ~~~!N~oanoke'\ roposes to convey gity-owned pro~e~ty to , Jacqueline C, Wllllam_s,] designated as RO~31~e8~1~ Tax Parcel No, G'I m er , g a lot on I b~~~ue, "N.E"l R~anoke! eirginia, which is adJac~ntbt~ property owne 7 Jacqueline C, WiI~ars i~t t~e l \ Gilmer Avenue, . 'I , City", t 't 0 t h e\ pur~uea~ents 0'1 \ ~~1~~\8QQ(B) and 1813,'1 Code 01 Virginia (~95Q), ~s \ amended, notIce IS her~ Y given that the City cou~c~o~~ the City of Roan?ke WI the blic heanng on , ~b~~e matter at its regular: meeting to be held on, Monday, July 20., 20.0.9, commencing at 7:0.0. p,m'i~~i, as soon therea~ter as h ! 'be heard, m t e \ ' matte~ may b' 4th Floor, Councli Cham ers, " I' Noel C, Taylor Munlclpa I B 'Iding 215 Church u I, 5 W Roanoke.! Ave~U,e, '40.11 Furtherl Virginia, 2 : I I m I inlorma~ion i~ ~~:I~i~ye c[~rk\ the Qlllce 0 , k at lor the City 01 Roano e i (540.) 853-2541, \ \ CitizenS shall have the , opportunity to be ~eard and \ '\ express their op,"Ions on, \Said matter, 'th a I II you are a person WI 'disability who needS' i accommodations lor thIS, 'hearing please contact thel I'CitY CI~rk's Olfice at (540.) '853-2541, belore 12:0.0. Inoon on Thursday, July 16, 12~~~EN under'my hand thisl 17th day 01 J~ly, 20.0.9, CMcl, StephaOle M, Moon, Cily Clerk \ (1150.3566) '-- -,--""'-'-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - -- Billing Services Representative Ifl"{ NOTICE OF PUBLIC HEARING The City of Roanoke proposes to convey City-owned property to Jacqueline C. Williams, designated as Roanoke City Tax Parcel No. 3012825, being a lot on Gilmer Avenue, N.E., Roanoke, Virginia, which is adjacent to property owned by Jacqueline C. Williams at 57 Gilmer Avenue, N.E, in the City. Pursuant to the requirements ofSS15.2-l800(B) and 1813, Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Monday, July 20,2009, 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, 24011. Further information is available from the Office ofthe 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 Thursday, July 16, 2009. GIVEN under my hand this~day of July ,2009. Stephanie M. Moon, CMC City Clerk K:\DavidICoUllcil WorklPH-sale of city property-Gilmer Avenue7-20-09,doc Notice to Publisher: Publish in the Roanoke Times on Saturday, June 11, 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: Cassandra Turner Economic Development Specialist 117 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2715 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk July 24, 2009 Maryellen F. Goodlatte, Attorney Glenn, Feldmann, Darby & Goodlatte P. O. Box2887 Roanoke, Virginia 24001-2887 Dear Ms. Goodlatte: I am enclosing copy of Ordinance No. 38549-072009 rezoning Official Tax No. 6391313 located between Barrington Drive, N. W., and Hershberger Road, N. W., from R-7, Residential Single Family District, to INPUD, Institutional Planned Unit Development District, for the purpose of developing the property for a place of worship and child day care center, as set forth in the Zoning Amended Application No.2 dated June 18, 2009, and subject to a certain proffered condition. Also, enclosed is an attested copy of Ordinance No. 38550-072009 permanently vacating, discontinuing and closing a 0.151-acre portion of Barrington Drive, N. W., terminating at a parcel bearing Official Tax No. 6391313. The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 20, 2009, and are in full force and effect upon its passage. Sincerely, .~ hl.~~ Stephanie M. Moon, CMC City Clerk Enclosures Maryellen F. Goodlatte July 24, 2009 Page 2 pc: Orville J. Gates, 639 Barrington Drive, N. W., Roanoke, Virginia 24017 Mary Bethea, 3534 Harvest Lane, N. W., Roanoke, Virginia 24017 Sylvia Hunter, 3526 Harvest Lane, N. W., Roanoke, Virginia 24017 Aubrey Carson Plunkett and Margaret Head, 3518 Harvest Lane, N. W., Roanoke, Virginia 24017 Maynard and DeLois Harriman, 3510 Harvest Lane, N. W., Roanoke, Virginia 24017 Malouf Spousal Trust, 4025 Mudlick Road, S. W., Roanoke, Virginia 24018 Hazel Beatrice Emerson and Dolores Emerson Perry, 3547 Hershberger Road, N. W., Roanoke, Virginia 24017 Benedite Desir, 3629 Troutland Avenue, N. W., Roanoke, Virginia 24017 Ronald and Annie Layne, 3571 Hershberger Road, N. W., Roanoke, Virginia 24017 Zelma T. Carter and L Scott Davis, P. O. Box 6402, Roanoke, Virginia 24017 ' Roanoke Country Club, Inc., P. O. Box 6069, Roanoke, Virginia 24017 Juan H. Parra and Maria G. Arellano, 3585 Hershberger Road, N. W., Roanoke, Virginia 24017 Louise Everett Otey, 1515 Fairhope Road, N. W., Roanoke, Virginia 24017 Kenneth and Ella Griggs, 1523 Fairhope Road, N. W., Roanoke, Virginia 24017 Lee Roy and Elizabeth Witt, 529 Fairhope Road, N. W., Roanoke, Virginia' 24017 Nathan and Karen Tuning, 1535 Fairhope Road, N. W., Roanoke, Virginia 24017 ' Romie and Amanda Jenkins, 1913 June Drive, N. W., Roanoke, Virginia 24019 Robert and Elizabeth Dooley, 1609 Fairhope Drive, N. W., Roanoke, Virginia 24017 Leonard and Doris Allen, 62 Fairhope Drive, N. W., Roanoke, Virginia 24017 Benjamin anid Laverne Barnett, 1627 Fairhope Road, N. W., Roanoke, Virginia 24017 Tina K. Ferguson, 1633 Fairhope Road, N. W., Roanoke, Virginia 24017 Charles and Drema Mitchell, 1640 Barrington Drive, N. W., Roanoke, Virginia 24017 Maryellen F. Goodlatte July 24, 2009 Page 3 pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Martha P. Franklin, Secretary, City Planning Commission Susan S. Lower, Director of Real Estate Valuation Philip C. Schirmer, City Engineer h\6\ ~ o~vp IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of July,2009. No.38549-072009. AN ORDINANCE to amend 9 36.2-100, 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 certain property within the City, subject to a certain condition proffered by the petitioner; and dispensing with the second reading of this ordinance by title. WHEREAS, Central Baptist Church has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the hereinafter described property rezoned from R-7, Residential Single Family District, to INPUD, Institutional Planned Unit Development District, for the purpose of developing the property for a place of worship and child day care center; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by 936.2-540, Code of the City of Roanoke (1979), as amended, aild 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 July 20, 2009, after due and timely notice thereof as required by S36.2-540, 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, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's O-Central Baptist Church-rezone,doc 1 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: 1. Section 36.2-100, 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 Official Tax No. 6391313, located between Barrington Drive, N.W., and Hershberger Road, N.W., be, and is hereby rezoned from R- 7, Residential Single Family District, to INPUD, Institutional Planned Unit Development District, for the purpose of developing the property for a place of worship and child day care center, as set forth in the Zoning Amended Application No.2, dated June 18,2009, and subject to a condition proffered therein. 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: ~~.)YhVv0 City Clerk. C O-Central Baptist Church-rezone,doc 2 ~, t\ (;; ~ ~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA ~e 20th day of7July,2009. No. 38550-072009. AN ORDINANCEpennanently vacating, discontinuing and closing a certain public right-of-way in the City of Roanoke, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. WHEREAS, Central Baptist Church filed an application to the Council of the City of Roanoke, Virginia ("City Council"), in accordance ,with law, requesting City Council to permanently vacate, discontinue and c10sea certain public right-of-way described hereinafter; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by ~ 30-14, Code of the City of Roanoke (1979), as amended, and after having' conducted a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held on such application by City Council on July 20, 2009, after due and timely notice thereof as required by S 30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, 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 right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: O-Central Baptist Church-vacate-no money,doc 1 A 0.151 acre portion of Barrington Drive, N.W., terminating at a parcel bearing Official Tax No. 6391313 be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as City Council is empowered so to do with respect to the closed right-of-way, reserving however, to the City of Roanoke and any utility company or public authority, including, specifically, without limitation, providers to or for I 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 right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise dispose of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. In addition, said plat shall dedicate a public access easement to provide an area for vehicles to enter, turn around, and exit the property, O-Central Baptist Church-vacate-no money,doc 2 BE IT FURTHER ORDAINED that the applicant shall complete the following improvements before the aforementioned plat is recorded with the Clerk of the 'Circuit Court for the City of Roanoke: 1. Improve the intersection turning radius on Fairhope Road at Hershberger Road and on Barrington Drive at Cove Road in accordance with the Virginia Department of Transportation Road Design Manual and/or the City of Roanoke street design guidelines as determined by the Roanoke City Traffic Engineer. 2. Install a westbound deceleration taper on Hershberger Road and Fairhope Road in accordance with the Virginia Department of Transportation Road Design Manual and/or the City of Roanoke street design guidelines as determined by the Roanoke City Traffic Engineer. 3. Install a south eastbound deceleration taper on Cove Road at Barrington Drive in accordance with the Virginia Department of Transportation Road Design Manual and/or the City of Roanoke street design guidelines as determined by the Roanoke City Traffic Engineer. 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 ofthe City of Roanoke, Virginia, as Grantor, and in the name of the applicant, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. O-Central Baptist ChuTch-vacate-no money,doc 3 '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 S 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~~ tv,. mb~ City Clerk. . ~ O-Central Baptist Church-vacate-no money,doc 4 CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning@roanokeva.gov Architectural Review Board Board of Zoning Appeals Planning Commission July 20, 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 Central Baptist Church to rezone property located between Barrington Drive and Hershberger Road, N.W., Official Tax No. 6391313, from R-7, Residential Single Family District, to INPUD, Institutional Planned Unit Development District, for the purpose of developing phase one of the property for a place of worship and child day-care center. Planning Commission Public Hearing and Recommendation Planning Commission public hearing was held on Thursday, June 18, 2009. Citizen comment and Planning Commission discussion are set out on pages seven and eight of this report. By a vot~ of 5-0 (Ms. Katz absent), the Commission recommended approval of the requested rezoning, finding the proposed rezoning to be consistent with the Zoning Ordinance, Peters Creek North Neighborhood Plan, and Vision 2001-2020. Traffic is a major concern for residents on and near Hershberger and Cove Roads as stated in the Peters Creek North Neighborhood Plan. The conditions attached to the right-of-way vacation at the request of the City's Traffic Engineer should adequately mitigate the added trips created by the proposed uses. Respectfully submitted, f),~~,~. D. Kent Chrisman, Chairman City Planning Commission Members of City Council Page 2 July 20, 2009 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 July 20, 2009 Application Information Request: Rezoning to Planned Unit Development Owner: Central Baptist Church Authorized Agent: Maryellen F. Goodlatte, Esq. City Staff Person: Maribeth B. Mills Site Address/Location: Barrington Rd. N.W. and Hershberger Rd. N.W. Official Tax Nos.: 6391313 Site Area: 8.76 acres ExistinQ Zoning: R-7, Residential Single-Family District Proposed Zoning: INPUD, Institutional Planned Unit Development Existing Land Use: Vacant Proposed Land Use: Place of Worship & Day Care Center, Child Neighborhood Plan: Peters Creek North Neighborhood Plan Specified Future Land Use: Single-Family Residential Filing Date: Original Application: May 7,2009; Amended Application NO.1: May 26, 2009; Amended Application NO.2: June 18,2009 Background The applicant is requesting to rezone the subject property to INPUD for the establishment of a place of worship and child day care center. The applicant purchased the property in 2002 and in 2004 began the comprehensive development plan review process. Before final approval was sought, , the applicant delayed the process to raise funds for construction. In 2005, the City's comprehensive rezoning amended the residential zoning classification in which the property was located. A place of worship was no longer a use permitted by- right. Since the comprehensive development plan had not received approval and the applicant failed to diligently pursue approval, their use was not vested. The applicant is proposing a campus of four 12,000 square foot, one-story buildings situated around a 7,500 square foot play area for the day care center and surrounded by a 181 space parking lot. The buildings would include a 400 seat sanctuary/fellowship hall, a 500 seat sanctuary, a gymnasium, and a Sunday school building. The buildings and associated parking would be constructed in phases as funding becomes available. The development would be accessed via Barrington Road which dead-ends into the property. During the comprehensive development plan review process, a portion of the subject property was dedicated to the City as right-of-way forthe purposes of constructing a turnaround. It has been determined that this space would be better used as a transitional area between the residential neighborhood and the church. Features would include a landscaped median, brick wall with Members of City Council Page 4 July 20, 2009 small scale signage, and pedestrian path connecting the neighborhood to the church. An application to vacate the right-of-way was submitted along with the zoning amendment application. 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. The applicant has also proffered the following condition as it applies to Official Tax No. 6391313: 1. The applicant shall obtain approval from City Council for an application to vacate a portion of the right-of-way at the southern terminus of Barrington Road, N.W., comply with all conditions of such vacation, and record a plat vacating the right-of-way prior to approval of any comprehensive development plan for the property. Considerations Surroundinq Zoninq and Land Use: Zoning District Land Use North R-7, Residential Single-Family. Single-Family Dwellings. South R-7, Residential Single-Family. Single-Family Dwellings. East R-7, Residential Single-Family. Single-Family Dwellings. West R-7, Residential Single-Family. Single-Family Dwellings. Compliance with the Zoninq Ordinance: As an INPUD, site development standards not dictated by the Zoning Ordinance are required to be determined during the zoning amendment process. These development standards include setbacks, height, and buffer yards. 1. Setbacks will be a minimum of 20 feet from front property lines and 15 feet from side property lines. No rear property lines exist on this site as it is a through-lot. 2. Maximum building height will be 45 feet; however, the Zoning Ordinance specifies that buildings adjacent to residentially zoned property shall not exceed one foot in height for every one foot in setback. 3. A type C buffer yard option 2 (15 feet wide with one row of evergreen trees and one row of evergreen shrubs) will be installed along the entire perimeter of the property. A type C buffer yard is typical for a church use adjoining residentially zoned property. Members of City Council Page 5 July 20, 2009 The applicant has also established requirements for pedestrian access, building appearance, refuse screening, light levels, and signage that are consistent with the requirements of the Zoning Ordinance. 1. A pedestrian path will connect Barrington Road to the sidewalk system within the church campus. This is a requirement of the IN District that staff felt was pertinent to this application. 2. Elevations for Sanctuary Building No. 1/Fellowship Hall and Sanctuary Building NO.2 have been provided ,in accordance with the procedural requirements of the INPUD District. The applicant has stated that all buildings constructed on the site will be consistent with these elevations in terms of roof pitch, roof material, building material, percentage of glazing, and door openings. This will ensure a cohesive campus setting and ensure compatibility with the character and appearance of the surrounding neighborhood. 3. The refuse container will be screened in brick walls and wooden gates. 4. Light levels will be limited to 0.5 foot candles at the property lines. Furthermore, the Zoning Ordinance requires any light within 30 feet of a residentially zoned property to have a house shield. 5. Due to the small amount of road frontage, only 25 square feet of sign area is permitted. One sign addressing Barrington Road will be inset on a brick landscape wall at the entrance. Uses will be limited to a place of worship and day care center, child. Parking has been calculated based on the total number of seats in the largest sanctuary . which requires a minimum of 125 spaces and allows a maximum of 175 spaces. At total build-out the site will contain 173 spaces and 8 handicap spaces (handicap spaces do not count towards the maximum parking calculation). Parking for the day care center will be accommodated by the sanctuary parking as they are on separate schedules. Stormwater will be captured in a detention pond located in the northeast corner of the site and then discharged by one of two options. The first option, which would pump the stormwater to an improved roadside ditch along Hershberger Road, was approved by City staff in 2004. However, recent updates to stormwater management practices would allow an engineered gravel infiltration system to be used in place of the pump. City development review staff has said option 2 is viable; however, approval from the Department of Conservation and Recreation is required. ' Conformity with the Comprehensive Plan and Neiqhborhood Plan: Traffic issues on Hershberger Road and Cove Road are identified as major issues in the Peters Creek North Neighborhood Plan. Hershberger and Cove Members of City Council Page 6 July 20, 2009 Road are characterized by high speeds and traffic volume. When the Peters Creek North Neighborhood Plan was created, it was projected that by the year 2015 they would be operating at LOS F. To assess the impact of the proposed development on both streets, the City's Traffic Engineer has requested a traffic impact analysis. Flooding is also identified as a major issue in the neighborhood plan. The detention pond proposed by the applicant will have the capacity to not only capture on-site stormwater but off-site stormwater that drains on the property as well. While the State requires detention facilities to accommodate the normal 10 to 25-year event, the proposed pond will have additional capacity to handle a 100 year event. The stormwater management facility will also incorporate Best Management Practices by incorporating Low Impact Design such as vegetative swales which filter sediments, nutrients, and biodegradable pollutants. The following policies of Vision 2001-2020 are relevant to the application: . NH P2. Neighborhoods as villages. Neighborhoods will function as villages, offering opportunities to live, work, shop, play, and interact in a neighborhood setting. . . EC P4. Environmental quality. Roanoke will protect the environment and ensure quality air and water for citizens of the region. Storm water management will be addressed on a regional as well as a local level. The following policies of the Peters Creek North Neighborhood Plan are relevant to the applica~ion: . Infrastructure Policies a. Improve stormwater drainage. b. Improve traffic circulation and connections (Action: A landscaped median and turn lanes should be provided on Hershberger Road and Cove Road). Conformity with the Design Principles of Vision 2001-2020: Design Guidelines: Application's Compatibility: New development should maximize site Staff requested that the parking areas development through reduced parking be reconfigured to allow more efficient spaces, increased lot coverage, and use of drive aisles. Many are only parcels developed along street loaded on one side with parking spaces frontages. which unnecessarily increases impervious surface. Parking lots should have multiple Only one entrance has been provided vehicular entrances that are clearly from Barrington Road which has direct marked and attractively landscaped. access to Cove Road and Hershberger Road via Fairhope Road/Harvest Lane. Members of City Council Page 7 July 20, 2009 The applicant cited safety as the main reason for not providing an entrance off of Hershberger Road. The entrance is attractively landscaped with a vegetated median and two brick landscape walls. Visual clutter and excessive lighting Lighting has been limited 0.5 foot should be discouraged. Signs should candles at the property lines and only be consolidated and attractively one 25 square foot sign incorporated designed. into a brick landscape wall is proposed. Large public and institutional buildings The proposed sanctuary is set further should general have deeper setbacks. off the street than surrounding residential development which is appropriate considering its size and scale. Building fronts and entrances should Staff requested an entrance on the face a street. front elevation of Sanctuary NO.2 accessed via a pedestrian path from Barrington Road. The applicant did provide the pedestrian path; however, the main entrance remains oriented towards a side parking area. Numerous window openings and a steeple have been incorporated to create visual interest. City Department Comments: The City's Traffic Engineer, Hong Liu, has reviewed and provided comments regarding the applicant's revised traffic analysis prepared by ACS Design and dated June 15, 2009. · Comment: Improve the intersection turning radius on Fairhope Road at Hershberger Road and on Barrington Drive at Cove Road. · Comment: Install a westbound deceleration taper on Hershberger Road and Fairhope in accordance with VDOT design standard requirements. · Comment: Install a south eastbound deceleration taper on Cove Road at Barrington Drive in accordance with VDOT design standard requirements. Planning Staff Response to items 1-3: The suggested improvements are in locations that are not adjacent to the site proposed for rezoning. Section 36.2-541 (c)(1 )(F) specifies that the City cannot accept proffers that include the payment for or construction of off-site improvements. Therefore, staff is recommending that a condition requiring these improvements be placed on the right-of-way vacation application. Members of City Council Page 8 July 20, 2009 . Comment: Any increase in the proposed site usage will require a traffic impact study and left turn lanes on both Cove Road and Hershberger Road may be warranted. Planning Staff Response: Any additional use beyond 'place of worship' or 'day care center, child' (e.g. educational facility) or increased capacity (e.g. increasing the number of seats in the proposed sanctuary) will require an ' amended development plan be approved by City Council. During the amendment process, a traffic impact analysis can be requested at that time if or when it is deemed necessary. . Comment: Access for vehicle turn around should be provided at the end of Barrington Drive or allowed on the propose site through an access easement. Planning Staff Response: Staff recommends the addition of a condition to the right-of-way vacation requiring the dedication ofa public access easement to allow the public to turn around on the applicant's property. Public Comments: Approximately 30 supporters of the rezoning were in attendance at the Planning Commission's public hearing on June 18, 2009. Planninq Commission Discussion: The following comments and questions were posed by the Planning Commission at their June 18, 2009 public hearing. 1. Mr. Scholz asked if the off-site improvements are tied to the conditions imposed on the right-of-way vacation, and no vacation was pursued, then there would be no legal way or recourse to require those improvements. Staff responded that a proffer had been prepared and was ready to be submitted by the applicant linking the rezoning to the fulfillment of all conditions placed on the right-of-way vacation application. The condition is listed above under 'Conditions Proffered by the Applicant'. 2. Mrs. Penn asked if parking would be sufficient if both the sanctuary and fellowship hall were used simultaneously. The applicant responded that although it was a possibility that both spaces would be simultaneously, the City's Zoning Ordinance only allowed parking to be calculated based on the largest assembly area - the sanctuary. The proposed number of parking spaces is the maximum permitted for a sanctuary of this size. 3. Mr. Williams expressed concern that the proposed 'improvements' requested by the City's traffic engineer were unnecessary and that they Members of City Council Page 9 July 20, 2009 would not leave enough right-of-way to construct bicycle and pedestrian amenities in the future. 4. Mr. Van Hyning asked if the City's traffic engineer concurred with the applicant's decision to not provide access to Hershberger Road. Staff responded that the City traffic engineer agreed that a connection to Hershberger Road in its current configuration was not safe. 5. Mrs. Penn asked if any comments had been received from the surrounding neighborhood. The applicant stated that no opposition had been voiced. The applicant also stated that the neighborhood had been aware of the church's intentions with this site since 2002 when a sign was posted identifying the property as the future home of Central Baptist Church. Department of Planning, Building and Development Room 166, Noel C, Taylor Municipal Building 215 Church Avenue, S,w. Roanoke, Virginia 24011 Phone: (540) 853-1730 Fax: (540) 853-1230 Date: IJune 18,2009 Submittal Number: IAmended Application No.2 Re. l!Ies:t s.ele,c.t IL;:Plick,~Ij~~~lO.l1imf ,j I D Rezoning, Not Otherwise Listed D Rezoning, Conditional [8] Rezoning to Planned Unit Development D Establishment of Comprehensive Sign Overlay District ~1i.!?p'elit.YJlli\ifolim..a,tii~r,I:_ D Amendment of Proffered Conditions D Amendment of Planned Unit Development Plan D Amendment of Comprehensive Sign Overlay District Address: Property located between Barrington Road, NW. and Hershberger Road, N.W. Official Tax No(s),: 16391313 Existi~g Base Zoning: "IR-7' Residential Single-Family (If multiple zones, please manually enter all districts,) Ordinance No(s), for Existing Conditions (If applicable): I I D With Conditions [8] Without Conditions Requested Zoning: INPUD, Institutional Planned Un Proposed Land Use: Place of worship; Child day care center '. Name: !central Baptist Church I Phone Number: I + 1 (540) 343-8274 I E-Mail: Italk2melj@aol.com I Address: I Phone Number: I E-Mail: I, I I Name: Address: Applicant's Signature: Name: IMaryellen F. Goodlatte, Esq. Address: Glenn, Feldmann, et aI., P. O. Box 2887, Roanoke, VA 24001-2887 ~~ r/;}..~ ~d Agent's Signature: I Phone Number: I + 1 (540) 224-8018 I E-Mail: ImgOOdlatte@gfdg.com I 18') Completed application form and checklist. ~! Written narrative explaining the reason for the request. IX' Location map, 1&: Adjoining property owners list. D Metes and bounds description, if applicable, Ci Required fee, o Concept plan meeting the Application Requirements of item #4 in Zoning Amendment Procedures, C; Written proffers, ,; Concept plan meeting the Application Requirements of item #4 in Zoning Amendment Procedures, Please label as 'development ".-1 plan' if proffered, e€ll!llilIt ' ~ alsID IZ! Development plan meeting the Application Requirements of item #4 in Zoning Amendment Procedures, I!Jst m o Comprehensive signage plan meeting the requirements of Section 36,2-336( d) of the City's Zoning Ordinance, 1I@~im@ Is C Amended development plan meeting the Application Requirements of item #4 in Zoning Amendment Procedures, if applicable, C: Amended concept plan meeting the Application Requirements of item #4 in Zoning Amendment Procedures, if applicable, C, Written proffers to be repealed, C Written proffers to be adopted, if applicable, If some of the existing proffers are to be retained, please include these in this list. o Copy of previously adopted Ordinance, (] Amended development plan m~eting the Application Requirements of item #4 in Zoning Amendment Proc~dures, o Copy of previously adopted Ordinance, [J Amended comprehensive signage plan meeting the requirements of Section 36,2-336(d) of the City's Zoning Ordinance, C Copy of previously adopted Ordinance, o A Traffic Impact Study in compliance with Appendix B-2(e) of the City's Zoning Ordinance, C Cover sheet. C Traffic impact analysis, o Concept plan, C Proffered conditions, if applicable, o Required fee, *An electronic copy of this application and checklist can be found at www,roanokeva,gov/pbd by clicking 'Applications, Agreements, Bonds, and Schedule of Fees', A complete packet must be submitted each time an application is amended, unless otherwise specified by staff, APPUCANT'S NARRATIVE Central Baptist Church, organized in 1914 by the late Reverend Blake White, purchased the subject property in 2002. When founded, Central Baptist Church was located in a three room house on McDowell Avenue in northeast Roanoke. The Church moved to its current location at 1502 Staunton Avenue in December, 1960. Dr. Joseph A. Keaton, the current pastor of Central Baptist Church, began his pastorate on August 2, 1987. Under his leadership, Church membership'and Church facilities have expanded numerous times. On May 30, 1999, the Church celebrated payment of the mortgage debt associated with its last expansion in a special ceremony conducted by the late Reverend Noel C. Taylor. In 2002 the Church purchased the subject property because its existing property on Staunton Avenue had no more expansion space, and could not provide the space needed to support the Church's expanding congregation and expanding vision for its ministry, An architect and engineer were selected and plans were developed for a four building campus oriented around a central courtyard accessed via Barrington Drive, N.W. The campus will be constructed in phases. The first building to be constructed will be Sanctuary #1 and Fellowship Hall as depicted on the Development Plan. The Church has already raised the funds necessary to construct this first phase, After the Sanctuary #1 and Fellowship Hall building is complete, the Church will sell its Staunton Avenue property and use the proceeds to construct Sanctuary Building #2, as depicted on the Development Plan. Other buildings which will complete the campus include the Sunday School Building and the Gymnasium Building. As part of the first phase, the Church plans to incorporate a child day care center. The Sunday School rooms provided in Sanctuary #1 would serve as the location for the day care center. No more than 100 children would be enrolled in the center, whose hours of operation are expected to be 7AM to 6PM Monday through Friday, In May 2004 City staff completed its initial review of the Church's submitted site plan. Believing that final approval of the submitted comprehensive development plan could be accomplished by addressing the staff comments provided to the Church's engineers, the Church set to work raising funds for the construction of its new church campus. The Church did proceed, in 2005, to dedicate right of way to the City in order to create a large turn-around at the point where Barrington Road dead-ends at the property. Aplat dedicating that right-of-way was approved and recorded. Today, both City and Church engineers and planners today believe that such a large right-of-way at the entrance to the Church property is unnecessary and impedes good design. The Development Plan depicts how the boulevard entrance to the Church property will be created, Using the area previously dedicated to the City will require the vacation of that right-of-way dedicated in 2005, To that end, a companion application requesting that vacation has been filed contemporaneously with this rezoning application. Barrington Road is accessed from more than one principal road network, A direct access onto Barrington from Cove Road exists. Barrington Road can also be accessed from Cove Road via F airhope Road. Barrington Road can also be access from Hershberger Road via Fairhope Road and Harvest Lane. Attached as Exhibit 1 to this Narrative is the traffic analysis provided to the City by the Church's engineers, The Church, having met its initial fundraising goal of $1.5 million, recently directed its engineers to proceed with obtaining final site plan approval. However, the Church learned that, as a result of the 2005 comprehensive rezoning in the City, the property it purchased in 2002 was not zoned for church use. When the Church purchased the property in 2002, the property was zoned for church use. The comprehensive rezoning undertaken by the City of Roanoke in December 2005 created a new zoning category for religious assembly uses - the Institutional or IN District. Prior to the 2005 comprehensive rezoning, churches and church related uses were permitted in residential districts. The 2005 comprehensive rezoning did not place this parcel in the IN or lNPUD district but in the R-7 district, even though the property was owned by the Church and even though the Church's plans for the property had been the subject of preliminary development review in 2004. Unfortunately, the Church did not recognize the impact of the 2005 comprehensive rezoning on its plans at that time. If it had, itwould have requested that City Council place the parcels in the new INPUD district. Because the property exceeds five acres in size, the parcel does not meet the IN district requirements. Hence, the Church is seeking to rezone this parcel to an INPUD zoning district. The Church intends to use this property as a place of worship, and as a child day care facility, as described above. As the campus is developed, the Church maY' wish to add a Christian elementary school, and/or community feeding operations to its campus. Because the Church cannot now provide specifics as to those uses, the Church recognizes that, at such time as its plans are more developed, it will need to amend the zoning designation for this parcel in order to add those uses. As shown on the attached elevation for Sanctuary #1, the exterior finish materials for all buildings constructed on the Church campus will be brick, with a shingle roof, The classical brick architecture selected as the style for the Church campus, as illustrated on the elevation, will blend harmoniously with the character of the surrounding neighborhood. Buildings on the campus will be a single story, with none of the buildings exceeding 45 feet in height. The boulevard entrance from Barrington Road will be accentuated by brick walls on either side, as illustrated on the Development Plan. Decorative columns will cap the end of each side wall, with the name of the Church lettered on the right masonry side wall, as one enters the campus, No other signage is proposed, Sanctuary Building #2 wiH have seating for 500 in its largest assembly room. The largest assembly room in Sanctuary #1 will have seating for 400, The Development Plan provides that all parking spaces in excess of the maximum number of parking spaces allowed shall be created using a permeable paver system. Attached as Exhibit 2 to this Narrative is a parking analysis. It should be noted that the 13 temporary parking spaces associated with Sanctuary #1 are only included in Sanctuary #1 [Phase 1] parking calculations, These spaces will be demolished and replaced with curb and sidewalk when the future Sunday School Building is constructed, Stormwater Management and Stormwater quality will be addressed in conformance with City of Roanoke and State of Virginia Stormwater Management Regulations. The Development Plan proposes the construction of a centralized detention pond facility that will collect stormwater runoff from the subject parcel and its associated physical improvements, In additional to capturing and conveying on-site stormwater, the drainage system will collect and convey additional off-site stormwater that drains to the subject property. This concept provides additional collection and treatment capacity which will result in additional benefit to the local community. Technical design for the proposed stormwater management system will include capture and detention of the 1 DO-year Storm event with detention pond release rates meeting or exceeding the minimum standard Extended Detention requirements set forth by the State of Virginia as they relate to Stormwater Quality. In the instance of this particular project, the proposed concept exceeds State requirements by capturing the 100-year event in lieu of the normal 10-year or 25-year event. Design of the stormwater facility will include Best Management Practices (BMP's) relative to stormwater treatment and improvement of stormwater quality. Low Impact Design (LID) BMP's such as widened vegetative swales conveying stormwater to the detention pond will be implemented; this BMP protocol will provide for advanced vegetative filtering that can capture sediments, nutrients (fertilizers, etc) , and biodegradable pollutants. The detention pond through its 100-year design capacity will provide advanced sediment and nutrient removal. The proposed pond design includes two primary options for stormwater discharges. Option One would permit pumping of stormwater to an improved roadside ditch along Hershberger Road, Option Two would permit discharge through an engineered gravel filter specifically installed within the detention pond embankment. Working with the City's engineers and the Department of Conservation and Recreation, the Church's civil engineers will design and implement the appropriate discharge option. www.acsclesifinUc.com IGS DES'IGN Design Memorandunl of Understanding To,: Hong Lin Ce: Dan Early, Scott Easter: Project No: 09079 - Central Baptist Church From: Jason Hariman Dacte: May 11,2009 The rollowing are the results of the trip generation calculations for the Central Baptist Church proj~ct. The source ror the trip generation calculations can be referenced in me 7tJJ Edition or the Institute of Transportation Engineers Trip Generation Manual. During the weekend, the church will utilize the 500 seat sanctuary. On the weekdays, the church. will act as a day care 'center ror up to 100 stlldents. ThepeaJ,c hour generator on a Sunday yields 315 vehicle trips. The peak. hour generator during the weekdays in th,e afternoon is the controlli"lg ractor rOT the day care center; The corresponding vehicle trips for the day care center are 85 vehicle trips.' The controlling factor will be the peak hour generator on a Sunday af315 vehicle trips. Information wasreferenced from the 2007 Virginia Department of Transportation Daily Traffic Vo.Jume Estimates for the City of Roanoke and Roanoke County. The roadways that were analyzed were Hershberger Road (p,eters Creek Road to Cove Road) and Cove Road (peters Creek Road to Hershberger Road). The average daily traffic for Hershberger Road is 9500 trips per day, and the average daily traffic for Cove Road is 8400 trips per day. Our office at ACS Design:, LLC is loca,t-ed in the vicinity of the project lire a We feel that the average daily traffic volumes may be skewed on the high side; The additiOnal traffic due to our project development occurs on a Sunday from 9 am to 1 pm.. In addition, there are wee locations with traffi,c lights and signals to aCCess iliesite: intersection of Peters Creek Road and Cove Road, intersectiOn of Peters Creek R01:!d an,d Hershberger Road, and intersection of Cove Road, and Hershberger Road~ The members of tbechurch traveling to and from the site are local to the area and travel in all directions. It is om assumption that drivers will want to avoid left tuIIlS as much as posSIole. Therefore, drivers will most likely take the route from the Cove and Hershberger intersection to the site and the Peters Creek and Cove intersection to the site (See the attached map). 2203 Pelers Creek Road, 'NW 13399 Belake!" T. Was~"IDD Higlrn'E)' 64 COur'Jiouse Hill ENGINEER.iNG P-nanoke, Virgil"ja 240 17 Hardy, Vi~j4101 \Va.-m Springs, Virginia 24484- LANDSCAPE A:.lK:HITECTIlRE PHONE: {540.l562-2345 FAX: (540) 562-2344 PHoNE: {540} 719-2345 FAX: (540) 719-2344 PHONE: (540) 839-.2700 FAX: (540) 839-5077 SURVEYING CONSTRUCTION www.acsdesi2nlk"com Aes DESIGN We feel that warrants for traffic improvements are not needed for this ;project because of ihe time of impact, day of impact, atld ex;isting control pomts with traffic signals. If you have any questions or comments about the calculations for tt:ripg~ner~tionand our recommendation for traffic impact fOT the Central Baptist Church project please COrr-IEe! me. Jason S. Hartman, Err Project Engineer ,)"[}3 Pder.;,Creek Road. NW 13399 BODJier T. WashingloD Highway 64 Courtltouse ,Hill ENGINEERING Ro:moke, V4-girJa 24017 Hardy, Virgini:1241 0 1 Warm Springs, Vuginia'24484 LANDSCAPE ARCHITECTURE PHONE: {540} 562-2345 F.AX: (540) 562-1344 PHONE: (540) 719"2345 FA-X: {540} 719"2344- PHONE: {540} 839.2700 FAX: ($40) 839-6577 SURVEYING CONSTRUCTION MANAGEMENT i, ;,: Church (560) Average Vehic~e Trip Ends vs: On a: Seats Sunday, Peak Hour of Generator Number of Studies: Average Number of Seats: Directional Distribution: 10 1,019 52% entering, 48% exiting Trip Generation per Seat Average Rate 0,63 C?,~ '3 ( ~ 170 ) :::; ;5/:;;' -r;:.-~ 5 Data Plot and Equation Range of Rates 0.21 1.14 Standard Deviation ' 0.83 1,900 J 1,800 l 1.700 . f1l '0 c: ill c. ~c ?- m ~ ';Qi > III Cll ~ m > ~. II I- " , ~. .F. . " , . , . . - ., ,~/./ . '" ~::./' ..-. "~'i.r-'-- 1,600 - ,,"./:,(... ".,., : -, '.' -.. ~;;/ - ':/ -.. #- ;~....,... . ---/ . .:"-?-/.. , :><~:: . 1~~ ~ ~~ . '/" ~ .' ./ #:f.'. .. /. .:. ... ....r:. .. .. (.~ ,,/~'~<" ,./ ; -x . '#,~,i( - - .. ./....: .'. " /./ 1,500 1,400 1,300 1 .200 1.100 ~ - aDo 700 600 .pOO 400.. 300 - ...._/ ., ./ ,~ . .,... . " . , ,.. 1'.~~,r x. 200 100 -0 I o I 2000 "3000 1DDO x = Number of Seats >~ Actual Data Polrlts FJlied Curve - - - --- Avarage Rate FItted CurVe Equation: T = 0.61 (X) + 11.56 R2 = 0.75 Trip Ger;eration, nh Edition 1015 Institute of Transportation Engineers ! ' I, i -. ~ i :', ' f, ~ ' ~.. Da'y Care Center (565) Average Vehicle Trip Ends vs: On a: Students Wee:kday, A..M.Peak Hour of Generator Number of Studies: Average Number of Students: Directional Distrlbution: 70 68 53% entering, 47% exiting Trip Generation per Student Average Rate 0.82 C?, '02'- (1(70) Data Plot and Equation Range of Rates Standard Deviation 0.39 1.78 0.94 ~..,--;p ~~ rr'i,$ 5 '60 150 >~: , ~ ' . . .:. . . . : . . , . ~ . . . .:. "J<. . '40 , . . . . - .. . . ~ ~ ~. - . . ". .. , . .. . . - .... . - . -'~ . . . .. . . ~ .... .. .. .. .',( . . . . " . .... . ,... . '30 . 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Peak Hour of Generator '- Number of Studies: Average Number of Students: Directional Distribution: 70 58 47% entering, 53% exiting Trip Generation per Student Average Rate 0..85 ./ "- ~ f?5" L /c;>O/ - ~} -rr{i()~ Data Plot and Equation 170 160 150 140 u:> JE 130 IIi .:e. 120 ~ 'CD 110 13 -~ CD 100 > III 90 Ol ~ III BO ~ II 70 f- 60 50 40 3D 20 ,.0 I 16 Range of Rates Standard Deviation 0".39 1.72 0.96 190 , x 1BO , . . . . . . ~ ~ .. .. .. .. . .. .. . . .. . . . .. . .. . .. . . .. . . . . . . . ~ . . . . . , . ,. ,..... . . . '.- .. . .. -. . .. . .. t .. .. .. ",.' A.... '. . . . ~ .' ", .. . ".. .. .. .. ~ .. . .. . ." . .. .. "," .. .. . '. .. .. .. .. " . .. . '.' .. .. .. ~ .. .. .. . " . . .. 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G .::1 5100 G '"j ,95% 99% 99% 99% 1., ,. 1% 1% 1% 5th SI 1% 1% 2% Williamson llil 0% 0% 0% 0% C c F 0% SCL Roanoke 1% 0% 0% WCL Romake SCL Ro1l1loke 1% 0% '0% us 11 5R419 1% 0% 0% MudliokRd 0.60 0.14 8 Franklin Ave 8 Tazewell Ave 8 TazewelJ Ave 8 Green RidgeRd ~cO\leRd.J 8 Mud Uck Rd 8 Edgewood .Ave 8 Memorial AVE 5/1412008 0;5.4 913% 913% 98% 0% 0% 0% .0=1 M-1lI Rll US 2..'>0 Bus 1% 0% 0% U5Z!1 Em Ave' US 221 Jefierson SI 1% 0% 0% Williamson Rmd WrllinmsonM 1% 0% 0% 0% 0% 0% c F C F 0.34 123 98% 99% 0% 0% 0% 9Th 51 0% 13Tl1 51 0% 0% 0% F c 1.49 1.43 0.76 0.71 99% 99% 99% 99% 1., '0 0% NCL Roanoke NCLSalcm 1% 0% 0% 0% SRlJ7,Pete:s'C"",kRoad , 1% 0%0% Heroiibereer Rd 'Groiuim Rd 1% 0% D% us I I Brnodnn Ave Bl1lndon A.ve 1% 0% 0% Niemori.l Ave Edl!ewoodAve 1% 0% 0% Gl1llldin Rd 0% (}% 0% 16 0% 0.% D.' I. 0% F F F 0..514 0.502 0.51 1 0000 10000 6100 31no 13000 6500 6100. 520.0 5500 9100 33o.lJ 'B2o.o. BBDo 5200 630.0 130.00 5000 9900 760.0 Year G 20Q7 F 0..585 G 2007 F 0..578 G 2007 F F 0.514 G 2007 F 0.536 G 2007 F 0,605 G 2007 F 0..564 G 2007 F F 0.504 G 20.07 F 0.522 G 20.07 F 0.773 G 20.07 F D.805 G 20.07 F 0.913 G 2007 F 0.519 G 20.07 F 0,556 G 20.07 F G.045 G 20.07 G 2007 G 2007 G 2JJD7 G 20.07 20.07 C F 0.541 570.0 G 2D07 F F 0.547 5500 G www.acsdesignllc.com les DESIGN Design Memorandum of Understanding To: Cc: Project No: From: Date: Hong Liu Dan Early, Scott Easter 09079 - Central Baptist Church Jason Hartman June 2, 2009 On Sunday May 31, 2009 from 9:00 am to I :00 pm, a traffic count was performed at the Barrington Road-Cove Road intersection and at the' Fairhope Road-Hershberger Road intersection. The traffic count was performed to measure the future impact of the development of Central Baptist Church. The source of the trip generation calculations can be referenced in the 7th Edition of the Institute of Transportation Engineers Trip Generation Manual. The building will be used as a day care facility during the week and for church activities on Sunday. The trip generation manual showed 85 peak hour vehicle trips will occur on a weekday. The warrants for a right and left turn lane at the Barrington Road-Cove Road intersection and the Fairhope Road- Hershberger Road intersection during the week were analyzed in the previous submittal. The results showed that no left turn lane is required and only a radius will be required for the right turn lane for both intersections. The following data was obtained from the church as it currently operates. In the past six months, an average of 325 people attended the church for Sunday morning service. The average number of vehicles in the parking lot during Sunday service over the past six months is approximately 75 vehicles. A church bus picks up approximately 20 members of the church every week. Approximately five vehicles drop members off at the church and do not stay parked at the facility during the church service. Therefore the total peak hour trips are 87. Interpolating the 87 peak hour, vehicle trips and the 325 members to 500 members would yield 134 peak hour vehicle trips. Based on the current locations of where members of the church live, the following vehicle distributions were developed. Approximately 25% of the vehicle distribution, an increase of 34 peak vehicles per hour, will be traveling from Peters Creek Road on Cove Road to the new project site. In addition, approximately 45% of the vehicle distribution, an increase of 60 peak vehicles per hour, will be traveling from Hershberger Road on Cove Road to the new project site. Approximately 4% of the vehicle distribution, an increase of 5 peak hour vehicles, will be traveling from Peters Creek Road on Hershberger Road to the church site. In addition, approximately 26% of the vehicle distribution, an increase of 35 peak hour vehicles, will be , traveling from Interstate 581 on Hershberger Road to the project site. 2203 Peters Creek Road, NW 13399 BookerT. Washington Highway 64 Courthouse Hill ENGINEERING Roanoke, Virginia 24017 Hardy, Virginia 2410 1 Wann Springs, Virginia 24484 LANDSCAPE ARCHITECTURE PHONE: (540) 562-2345 FAX: (540) 562-2344 PHONE: (540) 719-2345 FAX: (540) 719-2344 PHONE: (540) 839-2700 FAX: (540) 839-6677 SURVEYING CONSTRUCTION MANAGEMENT www.acsdesilmllc.com les DESIGN The procedure for the field verified traffic' count was as follows. The traffic count was performed at the Barrington Road-Cove Road intersection and at the Fairhope Road-Hershberger Road intersection. Traffic count data was collected each hour from 9:00 am to 1 :00 pm. At the Barrington Road-Cove Road intersection traffic counts were taken traveling towards Peters Creek Road, traveling towards Hershberger Road, turning right on Barrington Road, turning left on Barrington Road, turning right on Cove Road, and turning left on Cove Road. At the Fairhope Road-Hershberger Road intersection traffic counts were taken traveling towards Peters Creek Road, traveling towards Interstate 581, turning right on Fairhope Road, turning left on Fairhope Road, turning right on Hershberger Road, and turning left on Hershberger Road. Each count was averaged for the 4 hour period to obtain the peak hour vehicle count. The peak values were used with the Virginia Department of Transportation right and left turning lane criteria charts to obtain the following results. The right turning lane criteria from Cove Road to Barrington Road yielded the following results. From the field verified traffic count data, the peak hour volume approach total was calculated to be 264 vehicles per hour on Cove Road. In addition, the existing number of,right turns at the peak hour was calculated to be 7 vehIcles per hour. The increase in right turns with the development of the church is estimated as 34 vehicles per hour. Therefore, the total right turns on Barrington Road are 41 vehicles per hour. An adjustment can be made to the number of right turns since the posted speed of the road is less than 45 mph, the peak hour volume of right turns is greater than 40, and the peak hour volume is less than 300. The adjusted number of right turns is 21. The right turning lane criteria chart yields that a radius is only required along Cove Road. The left turning lane criteria from Cove Road to Barrington Road yielded the following results. The advancing volume is 214 vehicles per hour, and the opposing volume is 264 vehicles per hour. The existing left turns on Barrington Road is 5 vehicles per hour, and the proposed left turns on Barrington Road is 60 vehicles per hour. Therefore, the total left turns on Barrington Road is 65 vehicles per hour. The percentage of the advancing volume making left turns on Barrington Road is 30%. No left turn lane is required based on the input data for the left turn lane criteri~ chart. The right turning lane criteria from Hershberger Road to Fairhope Road yielded the following results. From the field verified traffic count data, the peak hour volume approach total was calculated to be 339 vehicles per hour on Hershberger Road. In addition, the existing number of right turns at the peak hour was calculated to be 5 vehicles per hour. The increase in right turns with the development of the church is estimated as 35 vehicles per hour. Therefore, the total right turns on Fairhope Road are 40 vehicles per hour. The right turning lane criteria chart yields that a taper may be required along Hershberger Road. This is at the discretion of the City of Roanoke Department of Traffic Engineering. The left turning lane criteria from Hershberger Road to Fairhope Road yielded the following results. The advancing volume is 448 vehicles per hour, and the opposing volume is 339 vehicles per hour. The existing left turns on Fairhope Road is 18 vehicles per'hour, and the proposed left turns on Fairhope Road is 5 vehicles per hour. Therefore, the total left turns on Fairhope Road is 23 vehicles per hour. The percentage of 2203 Peters Creek Road, NW 13399 Booker T. Washington Highway 64 Courthouse Hill ENGINEERING Roanoke, Virginia 240 17 Hardy, Virginia 24101 Warm Springs, Virginia 24484 LANDSCAPE ARCHITECTURE PHONE: (540) 562-2345 FAX: (540) 562-2344 PHONE: (540) 719-2345 FAX: (540) 719-2344 PHONE: (540) 839-2700 FAX: (540) 839-6677 SURVEYING CONSTRUCTION MANAGEMENT www.acsdesignIlc.com les DESIGN the advancing volume making left turns on Fairhope Road is 5%. No left turn lane is required based on the input data for the left turn lane criteria chart. Please review the report and the data. We seek your advice with this matter. If you bave any questions or comments regarding the information contained herein, please contact us. Jason S; Hartman, EIT Project Engineer 2203 Peters Creek Road. NW 13399 BookerT. Washington Highway 64 Courthouse Hill ENGINEERING Roanoke. Virginia 24017 Hardy.Vi~nia24l01 Warm Springs. Virginia 24484 LANDSCAPE ARCHITECTURE PHONE: (540) 562-2345 fAX: (540) 562-2344 PHONE: (540) 719-2345 fAX: (540) 719-2344 PHONE: (540) 839-2700 FAX: (540) 839-6677 SURVEYING CONSTRUCTION MANAGEMENT a: ::l o :J: c:: W D.. CIJ W ...J o I w > cri 60 Z c:: ::l ~ ~ :J: (!) 40 a: > :J: n. @20 C-36 CoY€-;.20AP {~JL I-bv..-!. Week:.. ~~ 1 20 ;!!i-':=:,.t.: ::.,:~: .'"... .... '".'" ...... .... ....... ... ................s.. '""a.... s'" ,,'"." .... ......'".. ...... ..~. ':":":":.:":";";":":":.:":":":":":":":.:":.:":.:":":":":":":":":":":":":":":":":..." .. :: :::: ~~:~ ~I iIj jl:l::j l:~ ~~::l: liI:: i I:l i: i ~:: j:: j j: l:::1:1 i j jlI iI~:i :tt: :::::.. . ....::: TAPER REQUIRED :::::::::::::::::::::::::::::::::::::'" .....:::::::::::::::::::::::::::::::::::=::::::::::::::::;::::::::::::::::::::::::::.... .. "":"::::::: ::::::::::::::::::::::::: :::::::::::::::::::::::::::::::: ::::: :::: :-.." .. ...:..:.:.:.:..:..:..:.:..:.:.. :.:..:.:..:.:..:.:.:..:..:..:.:. :.:.:.:.. :..:.:..:..: .:.:.:.: -" .. ............ "" '"........... "..".. ..'"........ -................. "................................................... ,,'" ."... ".... . ................. ........... ... ... .... ....... .... ...... ........ ........... ...... ............ .... ........... .... ...... .. ........ ..... ..... .......... ......... .. .......... .... ... ....... ...... ....... . ... . ... . . . .. . . . .. . . . . . . . . . . .. ... .. . . .. ... . .. . .. ....................O'.............................................. ............. ..... ... ..... ......O'... ....... ........... . ..:.:: ::::: :~~j~nt~:~:~ :jiilli !llllllljl.llilll~lilllll.~li~~ Ij~llllllllll:!: RADIUS REQUIRE15 100 200 300 40~' ~ 500 600 4tf''[J PHV APPROACH TOTAL, VE LES PER HOUR 700 LEGEND PHV - Peak Hour Volume (also Design Hourly Volume equivalent) Adiustment for Right Turns For posted speeds at or under 70 km/h (45 mph), PHV right turns> 40, and PHV total < 300. Adjusted right turns - PHV Right Turns - 20 If PHV is not known use formula: PHV = ADT x K x 0 75l.fI)D y 0 ,or~ ...r 0, 55"6 CU;V K = the percent of MDT occurring in the peak hour D = the percent of traffic in the peak direction of flow Note: An average of 11 % for K x D will suffice. FIGURE C-1-8 GUIDELINES FOR RIGHT TURN TREATMENT (2-LANE HIGHWAY) :c Q.. > w ~~ ~ '---.2 .... C-' Z V'l o 0.. 0.. o o > :c 0.. 700 > w ~ => .....J o 500 > C> 400 Z ~y~ (Pr;~ II-oo/.e Wlfre!c ./)1'1) C-9 ;zoAP WARRANT FOR LEFT-TURN STORAGE LANES ON TWO-LANE 'Z-'2--/ / 1.('1 c; HI G H WAY S -:: y-,1:Z BOO '- ,-... ;"', .. ~ -- -. .. _.' .. i:: I' ~'~ to.- '" .. OrAd. Une!9nali1.d Inler..ctlo ~ - ~ Loft Turns In VA S - Stora9. Lon9th Requi..d V - ~O .ph (Op.ratlng/Desion Spe.dl L - 5~ " ~ .~'.. .,:. .~.~",'~,,~. 700;~~~:~~~e;~~:~.~ .. _ .;. ,.~ :-!. .~t t,:": .. .... ;-, ..~.. -,; .' ....' ;.~ ;.! "." ...' ~:.; .' "c.. -. ...~ ,. , . .. 6 0 0 <;,: ': ~: ~: ~~ i ~, ,~: .~~~3:; ',:' ~:: :~ ~;:_ ~ . ~ ,'.( . . o. ~: ~r:. .., .,. " ;'" '" :';, ,,; .-:.... (~: '~ 0 500 " ,'~ '~: ~:, :~ ;; ;, \;: ,. .: ;:1: ~ :'. .~II: ~;: ;' 'i,~ ~O '1',"'''' ,r.' l,;.-:;:~ - "'~"\' " ~? "J. ;!~ "~ ~~,; L ~it :;; ;~: ::.'~. ;!- : ;. ;. .~ t; ~. ~K':" 400..~:.-~;~~~~~~~~:~~7~:~~~~~;.. _. :.... ~,; ._, ~:.t '-I"~ .. ",' ~..~. '. .... '0( "'. ;'.. .. l'. ~. ;,.;;s. .=;; i!~' _~ ,;.. ~; u-' ..... c.' '~': *' ,~, ;.~, ';:: ;* ~,. ~. ,~ '-Ji.' :.. 300..~..~~~.~~~~~~~.,_~ ~~_~.~:.. ~;" ..~ ;~~ :.0.::. ,.... :.(:s :", -.. ... _ .~, :(. .... '. it: .~^ ,t, ~-. 10...:0 .J._ 'i!l"PJi ;;.!: ;\'~";' - :..: - ::. ..~, ... J1. 1.-. ..... .. ..~ ..'.. ...;\.~.'r -r t.'-J';;' "':'.. No left-Turn Lone Re/quired- 2 0 0 __ ::. ;~: ~':~ ~~ ;1 :,:, ': ~~. :: ::: .., .~~ ~-: ... .:: :,-- :". ~. ~ ~i ~~ .;;:~' ~ ~ ;~ ......... ~::.-: :,.;.; ..~. ;.. :.;! --. ., 'fo. .... ,n ... :.f.:.d. r;.~ :.t.~ -Ok' .I.... v: ;.., Ii! '''J ~ '. '.1 t.. t~ ~..~ ~, ... .... ..... " " ,.: '" ... ..... :"1 ..~_ ~ ~ 'J~' ~.. t:'i ~ :1t 3:-: 100 .' :1.' '" ',' ," ,.' " " .. ,.,.. ,., ,".. ~ <,' 'f.,~ ~ i;i, !:" >t. n \;~ l' " .- .-".. ".1'~L., :: .~... H ,... 4~ ~ 'r: ~ lr!.....;:'t" ~'t H.;c!2 ii':. 5 100" ".: ~ " ., "".. ~ .' .,' '. b,.: ,,':.. :;:.~. J. 11-. ,....u.,-I ~ '$1:z.- ~ i~ '''4' ~~ ....." ~~ ?1 ;'i ... .~ ...... '" r. ~.: ".t ~:r. ~ :1 .. ...~;...::.:.... .e ';'If:' ~.~ .; ~ '.;: ~ :d ~~ ..;. ,.:. 1'.. ;"<: ~~: ~~ ~~. ..; b' ~~. .,-,; o ,.,." .- I': ~_. : o VA 400~~) 600 800 ADVA-kCING VOLUME (VPH) FIGURE C-1-1.2 200 1000 BOO ~ ~;:~~.;. :, ..-;. I I I I 1'1.. '''_ ,,4 :.i ......I~l" .....' __ .- -:, Orad. Un.i~nAll%ed Int....ction. L - ~ Left Turns in VA S - Stcraq. Length Requlrod V - 40 .ph (Ope.Atin9/Dosign Sp..d) L - 10~ " ~I.J ~.. ,... f-: '.'\':; .,. ~.. ~ ': ....:... : .. ~.':t.. ....,.,:...' 600 h. ,:7 .. ..' ... " .. ,'.. io'-.."".;to .' ;':'.. .- ,",., ";'" ~ '- ,'".,: ~ ~ ~:: ~"~'~' .:' :~ ;" ~ .. > ,,,,I~iil~t, " ., ',~ ,,<, .:, .\0 ., .': ., ',' ,,'.:' '.' .", ., h .. '::I - :':".: ...'.. : .. .' ~ ,,; ...1 ~ ~" ;:, -.', 0> ".. .' ,i, '. -. - _ .,. V'l o Q.. Q.. o " ..... i;': .t:: .., 'OJ.''' ~; .:' ...- _ -:: ." I .. ~ ,.... ;' \' '. ., '.. r. .. 3 0 0 ~ .. ; ,", . ~. ;... .. ',. .. ,", ;::1...; "'. .. '<,,;" _.... "'Ii, " . '~~... ~_... ~ '.. ,- -- ..... I'.' "I I : ':: N 0 Left - T urn ' .' .~.. 20 Ot! ~I, L~ n eRe qui red' " ::. , ';";.. ....,.. -........; .-.~ ~~. .-.:'--.:'.: ,. . ,.. ...... ." . '.J:{. 4 100 ~;X ~ ',::~: r~::: .. '::E;:::::~::'+t; :;:~; .;~. : :;~';;I~',t::, .' ., ~",';::', .~F+-~:... .~~r ; :;;: o .. ';.''':1; ..1';"", .. ~:-i- ~r : 'I.., ,;.1:; v., ,: ,'H',' _ o \1', '..... Op. J' ~ ,2 s' o > 200 400 600 ADVANCING VOLUME FIGURE C-1-1.3 800 1000 (VPH) VA 0: ::> o :I: 0: W Il. CfJ W ...J o :I: w > ui Z II: ::l l- I- ::r: (!J a: > ::r: 0- /--::;)2, (!/ C-36 , /;. . e...,A-t"-> /" ?5;4-K ..fI.:- i/iZ- j,vl&fE-/L .D4--u) ~1Ct>4 Bee-Grt.=K. ('-v Y L . , 1 ~[1.11~ 1 i 1j: ~:~: ~[[f ~?:::..". 100 ..................................... 60 ....::: TAPER REQUI RED ::::;:;:::::::;:;:::::;:::::;::::::::'" 40 20 RADIUS REQUIRED 40(3J 500 PHV APPROACH TOTAL, VEHICLES PER HOUR 700 LEGEND PHV - Peak Hour Volume (also Design Hourly Volume equivalent) Adiustment for Riaht Turns For posted speeds at or under 70 km/h (45 mph), PHV right turns> 40, and PHV total < 300. Adjusted right turns - PHV Right Turns - 20 If PHV is not known use formula: PHV = ADT x K x D '1.>t:o ,r ~~.x- ?> I!J" (;) G> ~ K = the percent of MDT occurring in the peak hour D = the percent of traffic in the peak direction of flow Note: An average of 11 % for K x D will suffice. FIGURE C-1-B GUIDELINES FOR RIGHT TURN TREATMENT (2-LANE HIGHWAY) - :r: Cl.. > - l.U :E => ...J 0 @ > C> Z - Vl 0 a.. a.. 0 0 > -Jlff-/C.C:.,LIf>Fi-e6ft,e I f2.o.A::V (,pE~t.. . Ii rv~.4- k€eK:~) C-9 WAR RAN T FOR LEFT - T URN 5 TOR AGE l A N E SON TWO _ l AN E HI G H WAY 5 '2r'1r~ if -= >~ 5'{: BOO ....~ <. .... '" .. ;,. l!~ I:, f,:: :, :~~ ;~ ....~: .,; Orod. UnDJgnalJ:ed Int.r..ctJonD L . ~ Left Turns !n VA S . StcrGg. Lenqth ReQuIred V - ~D .ph (OperAtJng!OesJqn Speed) 1. - 5t ," ." "'. .;' ;.: <~ <';}< -~ ... 700~:~~~~~~::;;~::~.. .. -. 'I"; ..~ ~! :~i -, ..;; . . .... ..., . . 01. t: _, .. :',i., :.~ ~'t~ ~.. ,. ._.~ --; :t{ /f.. .., '_" :t:. 6 0 0 ~ ~ ~ ~: S. ~~ ~ ;~ ~, ; ~; ; :,~ ~~ ~~ ~:;; ~ " ..,. ,,:.; ,".' " ',:; !,(,'t fl, '." <-~ -. ..-~.. :.;~~,~.;... ;~..l'.\ 0 5 0 0 ;~ .;~ ~. ;'1: ~ .~: ;~ ;:::. ~' ~; :~ :: ~.~ :~~I .~:: :~: ~ .~~ ~O ~:I ,.~..... ~.. "::. -:""V. :;: Z: :;;.~ ...., .... ,'''(. ~;:J ~ :;~ .c a,:, '-:) \. :;., _' ,.., !!. ~ !~ _. _ ~ 'iJ" ." " _w..... -';.0/,.. .~. 'if: f.;\-:- 400~:~~:~~~~~:::~:::::ft.~~:: '. )'~ -;:, :." ~~'1 ...... " .;: :::. ;:~ '~;..r '.. .... ..<( 1~;. :.,. ;;:;;: :,; ~~: t:; . I S=lOOr 3 0 0 ;~::~ i~ ~, ;. ~Z ~ ~. : ~,:~ :.:; :;, ~ .~ ~ ; :.; ;:1;;' ,. ~~ ~.:.. z..;l'~~:;:.: .;: .j; ..;:.;. ,"";f .. :~.~ -=,;. ~.~ ~h .:~ ~;.I1';'; ~Ju:i~'b ~ No left-Turn Lone ,Required',,,-,\ 2 0 0 '. ~. ~' :;; ;: ;: :;'~ ~:: ::. :;;.' ., :~ ;;; i:r ;lii ;. ;;: :: : :., .' ~.., .. L~;"':;- ''.. C .t_ 'J. _u ! "~l :;'1. x. .. Ii: '- ;~ .;.~ ;r I .;. ';4~.";;-:......~~:\' ..J'V..~.~ ...'.....::-.....'=':-e::":\. ~;-:: 100.. ',' 0'," .,.... " ", ~..., '\1,. ~.~.~ F:l<' 1" .4. .,&...... -;--:: "i:- ... ~:: ':,- ;. -. .... ,. ... ';';;t bl ';: ;" :,,;- i'f ... rf ., 'i"".~ .;; ., ~. 'i .. ".. ", '" ~.. q, ;;.~.s '.~ ~'!. ~ .~. ~ i",t *~t~;.r; '~,i ,;.. .'- :.. .... ~ ~'l :t... :!.:. )" ':-~ '. ,~; ...~ .!'_; ..: .~: .<; :0... f.: ,ti ~ill.......;~'~;.,:t1":I~~: ~ ::'. #":- ~ ~ o ;......- ,. ~tf ," "- ... ~.;.' : .-,.. ",~ _ ... ~t;%:.l-;:;I~I~t= ~ '.; :+.. t; ;-t.t '. o 200 40~ 600 800 VA ADV~CING VOLUME (VPH) II 1000 FIGURE C-l.1.2 BOO I I'.: '~:ti:;''l c; ''''V ".... ....,.,.. ~-... .~ .... .:t~..... .. .~ :; Orode Unai9nallz.d Inter..etlcn. L - ~ LDft Turns 1n VA S - StcrAqe L~n9th Required V - 40 Dph (Oporatlnq/CA.Jqn Speed) L . lOt' :r: " Cl.. 700' '", .., ,,< .. > '", "'... ,,'.. \"i: 'f.. ,,; ~_: p; .....' .' ..:,.; LU :: ~- ':-- ::.;,: :;;.; u . . .,; 600 ...; i'''~'':"" : :;<'.,. ~ ::J ...J o 500 > :~i :: > .'~: ,~~ ~~ :. ':. .:: :~~f: I \~ ".~.~, ,..~:~"'" : . ~ : ...' .. ,:; ;.......... ''.1.. ..... ~ :~~: ': .. ,~, ': ',:' .. '.~"'.: ,i.\<; - ". ..... <. ..~ ..' C> 400 z .. ~~ :"'. '" ~;;, ..;. -.. --'. 7; ,. " .,: -. ._ n ;t;, ,. -. - .'. or VI o Cl.. c... o - -. .j;' .?;;. ...... ......;. '~', <7-.' _. \ i'o. -, .. ..... '.. /.:: " " -,;,.~:: .... .. .'. '.. ..... ~',. : h 300 \r, "..... Op, J' ~ ~.s... ,... .. ;.. t~ .., .- -..'- ... ~ )..::r. ~ o > .':.. ,;0.... -_.. ~ ...... .., ~ """ '''1'\ :!-f: No Left - T urn ': :~ "I' 200 '~'i}1lC?. n ':.,.~.~~~,ir.~.~ ,: ':: ~~.::~, :' ....~ <i .,' 'i" j.l~; u _ ~: ,":; ...' ....: ..~.1 4. .... I 100 :'1~.~ '.. "';:" ,';.!,~;!;:'r;"I:+;:" .. '. ~~. 'h + ~~:H>~ A<: '.~' ~. ',:. .. ~""~~ :~~:':' ~""~:~:::.: ~~; :~}:'~: ~~ .:~::_\ ,;c ic" .,' ".1, '. -:i"i~, ':.,:1,',;., .. o ~~,',,"':.I;': '...' :T~ ~..1-:.! 'h. ::'I.:;-:;:o'I'::l" ',,', . o 800 1000 (VPH) 200 400 600 ADVANCING VOLUME FIGURE C-1-1.3 VA a: ::l o J: €I: W Do (f.l W ..J U :E w > ui z a: :;) l- I- J: C!J a: > J: Do C-36 CkNfi 1!-0~ (S(/~Orhf ~(Vrt( -!-hI< a r1-,.j4-L'1~/) 60 120 . 40 ....::: TAPER REQUIRED :::::::::::::::::::::::::::=:=:::::::'.. ... .......... .......... -. -........... '"'. ................. -..... '"'. '"'................. .. ........ ............. .'"'. '"'............... '"'. '"'..... '"'................. .. .. .. .... .. -Zl 20 RADIUS REOUlAEIT0 , G0)300 PHV APPROACH TOTAL, VEHICLES PER HOUR 700 LEGEND PHV - Peak Hour Volume (also Design Hourly Volume equivalent) Adiustment for RiQht Turns For posted speeds at or under 70 km/h (45 mph), PHV right turns> 40, and PHV total < 300. . I Adjusted right turns - PHV Right Turns - 20 If PHV is not known use formula: PHV = ADT x K x D K = the percent of MDT occurring in the peak hour D = the percent of traffic in the peak direction of flow Note: An average of 11 % for K x D will suffice. FIGURE C-1-8 GUIDELINES FOR RIGHT TURN TREATMENT (2-LANE HIGHWAY) /-17 ViZ- ~7 (~vJf)4lj .(JGf1tr fhl-fL 7fi/~~/r;) C-11 WARRANT FOR LEFT-TURN STORAGE LANES ON TWO-LANE HIGHWAYS 801"1 .. I I ~~ -. ... .," Grade Cn~i9nAli:.d IDt.r.ectioD~ L . t Left Turns In VA S . StoragG Length Required ~ - 40 mph (Operating/Desiqn Spe~l L . JOt (,<;;; /;;?.{If = :30'1.. :c 700"" ,; ~ ,,,,.. ,,, > w :E ::J ....I 0 > C> Z V) 0 ~ 0.. C- O 0 > ::z::: 0... 700 > w 600 :E ::J ....I o 500 > C> 400 Z Vl o 300'- 0... 0... o o > .; .....1;:;:... ",'.. 600 ,'::~:~: :;' ;~ " 50 '.... J; .....,. '!.'- I " ",.;' -,- -', .::z:. : :~~~;I~~~~I~ "f.. ... ~:'i-... ~. '~;'. ',if: ,'$, T,:. --' \ \ 40 .t:-.~~. .'>::r.........,..:.i; 30 0 -, t; ~, ::: ''', "" ,,~, "11 ;;: -~ .~ ~; I!; r.... :1; 1;:. 1"'- $f: ~_r I I 1 \. I ~~ i::ll'<; I I "- t i' ,,' ?,s- I- ,\: 'J' I ,~ S' .s:~0. 0 ~ i",io;:; ~i'~ I 0, ~s I'. .IS ....1> "014 o. "", S. "'<; 01'.::. :t:;--; or. ;. '. ~.~ ,,~: _." ~.; ~ 200 ,No Left-Turn~ Lone ~~quir!!d '. ... " ,,- '" -,_,f,.. ". ,. ,; ....~ ?'"t: ~t:t ~\' ~~: ... '"!..- ..'.' . . 'i-: li;; 1 0 0 i '," <l' '" ,,' c,: " 1.',: . ;;: " :", y.'tt' ~." -t: -..: l;~ ,:,: ~\:$:: t.: ";;; :.. -c;..: ... .;: _, 6 .' !i ~.: ~~ i:.~:- ~ ~~ ~;, .... o "....,'':.,.., o '. .'-; ".~ ~'f .," ~. . .~. ,. 200 (jj!f>I A 400 600 800 ADVANCING VOLUME (V PH) FIGURE C-1-1.6 1000 <~: ;1,' +; Crada. Un~i9nali:.d Int.r.oction~ L - t Left Turns in VA S . storaqo Lonqth Required V . 40 ~ph (Oporating/Desiqn Spe~1 L . 40t +~ ';', j;". . ~ :-(. .~, .... i\ I'. ."' .:: ,'., ~ ,.' .., -, 'L '0 '. ) .~.:: u ,,"Z.. ^.; :< -; " 'J:> .- ~', ," ..,....-.0 ~. -~;' ",', ,",' ,,-,,-.0 :'=:~~ (:' ~ ... '" 'p . .... .. "Z " " "" ....4 \ 200 No left-Turn , lone " , Required '" " S'~ )... "\,J V>>o b, J'~O" "\, - "\I J'" 1:..t S',~ S'~' ..,~ ~ ~ Is: .Is :.. ....1> -?O SO. ...1'. _ ~ O. ~ S. ~ O. 100 I ; V" I I ,\ .... I 0 , , 0, I ; o o I I 200 400 600 800 1000 VA ADVANCING VOLUME (VPH) FIGURE C-1-1.7 C-36 -f+tc1Z4-t/ g.fi(Z6-ff1Z .1?-v~ I ~ V'N PA1 .pf641? -H-vM.1- -A"JA/frtJl SIj ) c: ::l o J: c: W l:L. en w -I o :i: w > uS z a: ::l l- f- J: (!) a: > ::I: l:L. 120' . 60 ....::: TAPER REQUIRED :::::::::::::::::::::::::::::::::::::'" .. -,,:..::: :::::::: ::: :::: ::: ::::::::: :::::: ::::: =:::: ::' 40 20 RADIUS REQUIRED \ 300 :?>9 PHV APPROACH TOTAL, VEHICLES PER HOUR 700 LEGEND PHV - Peak Hour Volume (also Design Hourly Volume equivalent) Adiustment for RiQht Turns For posted speeds at or under 70 km/h (45 mph), PHV right turns> 40, and PHV total < 300. Adjusted right turns - PHV Right Turns - 20 If PHV is not known use formula: PHV = ADT x K x D K = the percent of AADT occurring in the peak hour D = the percent of traffic in the peak direction of flow Note: An average of 11 % for K x D will suffice. FIGURE C-1-8 GUIDELINES FOR RIGHT TURN TREATMENT (2-LANE HIGHWAY) - :J: c.. > - w ::E ::l -' 0 > 0 /"> Z --r3q - 0 c.. c.. 0 0 > --/ft:f!ZJff~GrctL ~ ! <; vJ rPfrl( f/&It- .J-/or.;<...--*~, IS) C-g WAR RAN T FOR lEFT - T URN 5 TOR AGE LAN E SON TWO _ LAN E HI G H WAY S 800 '. :}". ,". ;..~ " .,::, ..' .! :0': " ~,~ !~' ,_ ....; : ' . Or&d. UnD19nal1~Dd Int.raoetJon. L - ~ Left ~urno in VA S - 5torcQo LenQth Required ~ - ~o mph (OporctlnQ/OoolQn Speod) L - S~ ZS/tjt,;ca oC >-1 "';7. '. ...... """ ," . .~ -'.., ~ ...... " 700~::~:~~:~.:;~;:,i~~ ..,...._ ~! :~4 ...." ~." ......,. '_ ;\.~ ., _ .... ..l, ..-~~ :"'.' ~.' " :.'1 ; f..' ., .... .'.' 60 0 ~ I~~ "~ ,i: ~ ~~ :~ ;: ~ :; ,.,:: r~: ,~:' ~~ :. :" ~ :: '1:: ~,~'" ':/.. ;:, ". .",,_ _. .-:, .:" ".; '" ;::r,~o 500 :-,~ .~: . !i,l, :: t:~ ",':. ~;.:. ~.' ~:: :.~ AL .,,?: ~:~~ '-;i .~ .f.,. ," ",'... .0 -1:... ""... r;__l """'. ..co.... ... 0 : ~: .~; ~1::, ~ ~~~ ~~ :J: ~ ~~ ~;. ~ ::: ~ ~ ;~~ ~: : ?..... 400:::~~~~:~~~~;::~;::~::'~~~ : ~,i '. .., Ii_ .. .'.' ~.:, :...: .... _. go' '_. .... 30r m~IHt~f~~~J~,i~t~~#l 20n < .' "..' '.,., ..,..,....... - ", ,.,,, ~ ':"" ~ ~I',;>> t: t'J l-:;~ ~';' ;50: :/; ~~l ... .~ ". :.:. .. .. .:>> lrJ. r:-... ~ 4' ~.t-i i":! !~~ ilt 'r, ,.... ,-:--~ p. ,-. q: ~ -:. .:; -:'. 3; "" '. .:';,~ ..... .. :~i,. h' ::~ 'f ::: iit: (fj Ii! .~ ~ .; ;;~ ~~ ""; ~~. ~l:';: ...; ~:; ,., -._ 'J .~ ,.' ", ;... 10;"' ::}! -~.' ." '! ')~. ~"lt; ~ 11= 100 c- :" .", ','" ,'., "', ,. ,. .... ", '. ~"... _, " ",' '4> .. t '" il:l F: ;;; ,?< .~ ...... .....,. .".;.: :- .f y:: -' ..: .. " . ~ ...~ :~! .. 'rf.. ~ 'i.. .... ~ :t~ ;.t ,1;' ?f' ~. " .'1;. lo"o " .. ....... 'i v~ 'f!: ! ,_ ~: .W! H 4; '. ~ :Of' t~ ~1 :~ "'j ...... ,.(,. ~'" ,-r- i't' ,', "';;')' ~ . _ ~,: "C. ".~ "'~"~ ~\': ..:''': .., ~1 -.... .... ~,' .~ ~ :i.' p S=loor o <' ,. o .' .;! .-:>.. .,' ___.e,~' p ~ ... ;;! .... !~. .; ", 2DO 400 600 800 1000 ADV ~r-.,CING VOLUME (VPH) FIG~C;-1-1.2 ,L{'frB) ;' l I I I VA 800 ." ;,':': tt ;;t; ~"..~ - ::;;;.! ."....."Jf:........:~. _.;c I'\. I'\. Or4do Unaign&11:od Jnt.raoctlonp L - ~ ~Q!t ~urno 1n VA S - Stcr~QG Lonqth RequlrGd ~ - 40 ~ph (OporctlnQ/De.iqn Speod) L - 10," :r: ':,; ,. .. .,.' " h c.. 7 0 0 "~,.'.. " > ..!"" '." .,: .. .......- _. ~f: ,< .,.. :i~: r; .....' - " w ::E ::l -J o > Cl Z 6 0 O,~::;~ ;.'.. ;', .. :. :: A.... I:' _. '-. .." ; .,t.: ~ o .. ..:. .. ,~;, ':~ ~~ : ~ ....' ::: ~~i, '":'~ .'. ~! :::.~ :". .. SOO .. .. "<F. ,_, ,.,.. ,. ; ''', , -:. '0 ~ " .. .- .,~'..: ',~ :;, " \0 "."'.. ,-", .,.. ':;l - 400 ,. ~': .~~.. ~ :', ~', .' :~.: ~', ':. '. ,. ., ,~. .. ".... - '. ., ,>: V) o c.. c.. o '" 'r:tt-.., ~IJ ;;'.~ ..- .-.. ; _ -" '. .._, 1:"-. -">" '; >~" -: : '. '.. ... , , .. :'ip.. .. " .. .,', .. ..... .. - ~;:~'S: .. .... .... '.' ... h'. :t ,'- '.;,,- ,~-'.- '" - .. .' M.' I' .' .(\ I ,~ ,;: No Le f 1- T urn "'.:;" 2 0 O.':~. L ~.I]. E!".R~, 9 u ire d ,":" ~~:I::: ' 300 "', "/ Op. J\~ ..../ :2,s" f' o > . "_, '<:" .,' '1' .....~~, _ ..~ .' :;];. .. ~ :"'_~ .... ... I 1 0 0 ;~~ ~~ :~: ~.~ :;, '.' '~ .L '}.::"0r,': '.:: >" :': ,.:< t,~.::~..._ .... "'~:"T:i, ..-...~~..t:-:.. '" o ~.k ';~-:f,.'- ~ ~.... 1~: ,. ... ':' .'! ~ .._(~. :...'_~~'i':~'1 ~ .._ ~"'~.. o 200 400 600 ADVANCING VOLUME FIGURE C-1-1.3 800 1000 (VPH) VA Q,' rJ.fi';<J LFE- (~~;J " / , ' Coye' Road, / N :dN~"" - ~/G,tf7 _,J \1 ~R'?\t,~\Z,(;f To ~jerger- Rl,NW ~ l' ~ V. ~_ "Cl (j) Time No, of Vehicles 12:00 to 1:00 I :. ,_ 9:00 to 10:00 101. 10:00 to 11: 00 ! ._/"t; 11: 00 to I L.{ -~ 12:00 RillS Intersection of Cove Road, NW, Barrington Drive, NW & Routt Road, NW R" 22U3 PETERS CREEK ROAD, NW - ROANOKE. VIRGINIA 24017 - Phone540,562,2345 - Fax 540,562,2344 IDIESDlIIIlII'I ENGINEERING - SURVEYING - CONSTRUCTION MANAGEMENT W2 (!-(&,..7 '7"p.)~ C"'t~"1 ~# -u ,/ @ A./~ ) LJtF7' ,v/ltJ f / CD @ Time No. of Vehicles Time No. of Vehicles iDI \'3/ ... 2-"-D 9: 00 to 9: 00 to 10:00 . ,r) 10:00 'J. ..., 4'" \ \j: ':j \ ::,.::, 10:00 0\0 %' 10:00 \+4- to 11: 00 to 11: 00 \-:'6 c) 11:00 to 11:00 to 12:00 12:00 12:00 12:00 to 1:00 to 1:00 )} J (~! @ Time No. of Vehicles Time No. of Vehicles ~ 7 .7 9: 00 to 9: 00 to ',.:'J 10:00 10:00 C1.... u 10:00 :: "2- 10:00 to 11: 00 to 11:00 11: 00 to 11:00 to 12:00 12:00 ~ 12:00 12:00 :;'; '" to 1:00 to 1: 00 l! ~ - ~ ~- @ @ ~ ~ ~ Time No. of Vehicles Time No. of Vehicles re ~ :: I-z... '2. ;no 9: 00 to 9: 00 to ,~ , 10:00 0, 10:00 ! \ ! 10:00 -:: If 10:00 B to 11: 00 to 11:00 ~ 1= IS m 11: 00 to -::; 11: 00 to ~ 12:00 12:00 . ~ '" ~ { is 12:00 12:00 ~ to 1:00 to 1:00 ill ;;; 11 a IGS Intersection ofHersberger Road, NW & Fairhope Road, NW ~ 5' 2203 PETERS CREEK ROAD. NW - ROANOKE. VIRGINIA 24017 - Phone 540,562.2345 - Fax 540.562.2344 S '" IIIIESDIIIlIll ENGINEERING - SURVEYING - CONSTRUCTION MANAGEMENT tJ Cj tJ e3 ~ tf) c..5 C,j ~. ~ ~ ~ - tJ {j)~1! (j CJ Lr) ~ C'::l C'..J<: 1:"- "C -"CYJ C/j 1I ~ 1:"- 11- (j l"J W ,:"( t3 tJ - k2 Vi ~ Ci)85 U II t3 c..5 ~ ~ kj~l.w ~ ~ (j Vi a...: U)Cli55 B; tr) ~~ ltJ ~~ l.w ~ ~ "'t-<:V) <: <: ~ ~ . ~ -";;!f) ~ C::)' y-, es t3 t5 EJ !-. P::!-.w YJ~~ EJ fa CQ-~ !::J Q.; ~ ;:::! ~~(j ~cLcL ~ (j "'( :s :::5 ::)0 ~ Q:: 11:"( (j ~ ~9... () CQ l"uQ:l"'C ~-5cG :s CJ) LiJkl~ 9..:(;) a V) ~ (is <: a: ~. 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Q:1..tj !"JCJ- CQ ~ ;<:>:::0 0') l"u . ~ L.iJ ,Qj' ....... l::9af.::: ~ (5;. f.'::I" ~ ~ .......a:::C:l '-9: ~~l.iJ ~'C -x. U) (f'j P::: lu:S: ;<:lO ........ ~S <~ l;Q ~ ,~ I <J <: 0:::0 >- . C'\.! l..LJ I CJ >- Cl:::: I N Q:: Y) Co ;t ~ Q;:. . '~ (\j u ~Ci)::-;; K a: ,~.~~ C) (,) u . CJ <: <:QkJ ""- ~ ., ~ (j:j ~ ~ CJ ~ ..-... NARRATIVE EXHIBIT 2 Ii" ,',' u.~l /' ,/ J'if~/// i7/ P / /1'/// //, 1,/ / ~?'i // k/..... . ...'/ ...... .'/ ...... ('/ /;~, ..' ..... ..... '- ~'~.. *$011'1. i Ile..~ ~ ,.J.D.o'!ls.: , : ....._~ ~ .t Q ~ . " ~ ^': J ;- -':..- \t .. I' ., t 1.. :r{ i~ " \.. ~::! ~~ 1. ~5 ~ ~~.~ . ~ ! .= :d I ~ . 'i'i.7T~~ 1.:; I ~>. \ "'~ J" J ; ~ ::! :: I ~ a: ~ .. ! ~ ~ ~ -It I-_~ -..+..;.... 1 "') _It t)" ii 'I , f! 06= Am ,= ,,. ." ' n;. ""';;".,..,.... ~ ~:-Thll]_.:::- 18 '" " '"I" "w ...~ , J----:.::=:: -.:::_ --- _._ ~ EDDD6~ 3t: !J I .. \.l ,;>>..i-:~---- tPGN !'ll 'ii'''GI~~~~'':.1lI111~''''''~' ~!!t ~~ J ~ "l21,i ~~ ~~ ~:~ "ZDE"DtlE'3' ~~!~ !~I I ~ . 2 ~ ~.. ~ p~~-- '~"I F/ ~ ~ ~: ~ ou...... ... ~"IV ~ 'tI JOFD6E'!J , . ~ ! ----..::, --------.::, ~&"'" < \\ .,!.@'.:q :~ ..,~ . ., f' ADJOINING PROPERTY OWNERS Tax Parcel No. 6391313 Central Baptist Church TAX MAP NO. OWNERlS) I ADDRESS ZONING 6391302 Orville J. Gates R-7 1639 Barrington Road, N.W. Roanoke, Virginia 24017 6391303 John S. and Mary L. Bethea R-7 3534 Harvest Lane, N.W. Roanoke, Virginia 24017 6391304 Sylvia Hunter R-7 3526 Harvest Lane, N.W. Roanoke, Virginia 24017 6391305 Aubrey Carson Plunkett R-7 Margaret Head 3518 Harvest Lane, N.W. Roanoke, Virginia 24017 6391306 Maynard R. and De Lois G, Harriman R-7 3510 Harvest Lane, N.W. Roanoke, Virginia 24017 6391308 Malouf Spousal Trust R-7 4025 Mudlick Road, S.W. Roanoke, Virginia 24018 6391309 Hazel Beatrice Emerson R-7 Dolores Emerson Perry 3547 Hershberger Road, N,W, Roanoke, Virginia 24017 6391310 Benedite Desir R-7 3629 Troutland Avenue, N.W. Roanoke, Virginia 24017 6391311 Ronald E. and Annie L. Layne R-7 . 3571 Hershberger Road, N.W. Roanoke, Virginia 24017 6391312 Ronald E, and Annie L. Layne R-7 3571. Hershberger Road, N.W. Roanoke, Virginia 24017 TAX MAP NO. OWNERlS) I ADDRESS ZONING 2560137 Ze'lma T. Carter R-7 L. Scott Davis P. O. Box 6402 Roanoke, Virginia 24017 2670902 Roanoke Country Club, Inc, ROS p, O. Box 6069 Roanoke, Virginia 24017 6391019 Juan H. Parra R-7 Maria G. Arellano 3585 Hershberger Road, N.W. Roanoke, Virginia 24017 6391003 Louise Everett Otey R-7 1515 Fairhope Road, N,W. Roanoke, Virginia 24017 . 6391004 Kenneth J. and Ella Whitmer Griggs R-7 1523 Fairhope Road, N.W, Roanoke, Virginia 24017 6391005 Lee Roy, Jr, and Elizabeth Witt R-7 1529 Fairhope Road, N.W. Roanoke, Virginia 24017 6391006 Nathan R. and Karen Frances Tuning R-7 1535 Fairhope Road, N.W. Roanoke, Virqinia 24017 6391007 Romie and Amanda D. Jenkins R-7 1913 June Drive Roanoke, Virginia 24019 6391008 Robert S. and Elizabeth M, Dooley R-7 1609 Fairhope Road, N,W. Roanoke, Virginia 24017 6391009 Linda 0, Edmonds R-7 1615 Fairhope Road, N.W, , Roanoke, Virqinia 24017 6391010 Leonard W. and Doris C. Allen R-7 1621 Fairhope Road, N,W. Roanoke, Virginia 24017 TAX MAP NO. OWNER(S) I ADDRESS ZONiNG 63'91011 Benjamin U. and Laverne G. Barnett R-7 1627 Fairhope Road, N,W. Roanoke, Virqinia 24017 6391012 Tina K. Ferguson R-7 ~ 1633 FairhopeRoad, N.W, Roanoke, Virginia 24017 6391016 Charles E. and Drema G. Mitchell R-7 1640 Barrington Drive, N.W, Roanoke, Virginia 24017 Address of Subiect Property: Property located between Barrington Road, N,W. and Hershberger Road, N.W. Tax Map No,: 6391313 Present Zoninq: R-7, Residential Single-Family Proposed Zoning: INPUD, Institutional Planned Unit Development Applicant / Owner Name: Central Baptist Church PROFFER The undersigned applicant/owner does hereby proffer the following condition in conjunction with rezoning application: 1. The applicant shall obtain approval from City Council for an application to vacate a portion of the right-of-way at the southern terminus of Barrington Road, N.W., comply with all conditions of such vacation, and record a plat vacating the right-of-way prior to approval of any comprehensive development plan for the property, Dated thiJ . /1. f day of June, 2009, , Respectfully submitted, I .....~ ~ ell_ Iii n~~~ I I' !~ ~ uS!. ,~I~~i \oJ;,.l ..llIlldl; u~~ ~~II '''1 ~ I!~I ~il H !il ~ ;~II 1;1 ~ , Ii;~ , to<i I , ~ ~G I ~;I ~ , t;~ I ~ ~II I ---_J ..r I I!~: I ~"A ~ , ~G , ..r I !!~ i : ~ ~I I I !~I ~ I il."~ a I a;1 ~ , I IiI ~ I ~:A I "SG , Iii ~, ~ "i II ~G I ~~ I ~5i lfINID~I^ '3}10NlfO~ :10 All:> H:>~nH:> lSlldlfB llfl:11N3:> ~O:l NYld lN3Wd013^3C I I I I I I I I I I I I I I I I I j I L__ @> .~ <==:::J .,,'.... /lIUr li~h ~ ~ U ij~~ ~ l~.~s d"'3~ i '" c:J ~~i;~ l~~..1 ~fp il! t I '0 I s ~~II-~ II II' u.~ : d~31 II I ~ 1:1 ;i U!~I 'i I ~JI @i ,Iih 'il glaf! ~~ ~~d~ if I ~~~~II i~ l~i~1 ~~ II:i~ i~1 ~ ~~I ~b ~ . \1 - i " r 11 - 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~ t ~ d .lii ~ ~ ! ! 9 ill, ill ill ~~ ~ i ~~II!I; !! >- .I~ I il .~! .~! ~~ ~ n;. i g IU I !I~ I~~ l~! 11-1 I~ 1IIIII!llli-li: I !! 111I! 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S ~~~ ~ S~ ~d ; ~8 ~~g ~ \ ("d.Ul:JSltOO::lIlV3il\lI.I3l1JNOJ snOt<<llVWGnloI1S:JU1.>1 ('oIAJ.}a!l'llflOJ1l30NlO SnONJIVWD ,...no 1I..u.( {'LU.l'lVlllllVI'I llSVUiUV001l0!)Vg'llll/A1..9 t.tUJaOVII08llS0ll:lVdI'iOJ z o 6 l:J ~~ ~~ .... ~~ " ~ 0: .. ... toLUl!lSlInO:lllV3.lAiWlDNO::> snONU'UWII >ZI"NS ""ALS"' ~~=~~~:u.( ~~iL~~~~VO-llu.u."9 roLUlaaVIIOQtlS01l.1:JV<iIllOJ .~ oi ~u ~~ Os ~~ ~g h ~~ ~s !!:! 8::~: u> 2i I ~ ~ 0\ ! ~ " ~l ~~ ,"0 ." ~ ~g ~~ 09 D- .N~IS3a:nn:ln.c:>nH.1S /.~Nla"Tlnaw.o lSO::> ; ~=~ llt~U&1I11;.:;NOIi<l 1- ~"'^'~Qtl$XCl"(rJ . .. NOSIII\J'Vr .~. , j !! .~ : i l I i<1 I' ., i ~! :. :1 'j II I il ~ e I t III "I ~J ( ~'.~ I ~-~.f gj I HI ~~ "I if l I H' i ~ I i~ ' o. t" "' !! j8 ; ~~ II ~ ~- H ~:g H ,. ~ i ~~ B i ~. !~ -j ! ~ I ! 'T I , I i I I I '-(' 1 j I I g~C) ~ll ".- i~t~ SlIliUJ Il!:i ,'.~.,,~ ~ ~ I ~ .~----1 ~<(~~ ~ M~J:-tll;iSV\3l1!,~----:U I i I . I _ j II ! I " Ii . Iii ! ~ 1 '. h I : I I I l N::>JS30 "lVlftu.::'lnl:U.S /"9NJa1TnS N:O.1Sn;:) , U"Orll:<<llS:"l'G::I d , , , -------, I ltt'C"~51M~-J l~ , , '~t5.U61)IS=3NOWd --; ~"^~l>tS)(O&.O.d V^ 'A.L18 3)fONVOCl Nl5slwvr' ~;t 0 -----' I H8ClnH8 .LSI.LdV8 lVCl.LN38 0 I ! ufl . --L __~ . ~~1l ::!! 31WJ SJ.N3I'\1WOO I HOlS1f.3l:l: C"')ffl I 0 ! <( ~ 1"~ J II iI ,I I II i I t-".- ! -~ II i , I i i ~ I II ,j 11 I i , l 'I I! ' I .i i i ] ! Iii o ! i .f I HI IH' ) I ~~ ~ ! il 13" I ~ ! I ~~ I I ~'~I l.g ~ ! ! ! !Hi " 1"' , r i.~ : ; I j .~ I ! ~ ~ 100 Il , II '" ! I i , " I' 1 ~ I~ I " i ~ I~ " , . II I' , , ~ I CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning@roanokeva.gov Architectural Review Board Board of Zoning Appeals Planning Commission July 20, 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 Central Baptist Church to permanently vacate, discontinue and close a 0.151 acre portion of Barrington Drive, N.W., terminating at a parcel bearing Official Tax No. 6391313. Planning Commission Public Hearing and Recommendation: Planning Commission public hearing was held on Thursday, June 18, 2009. Commission discussion on the proposed closure is detailed on pages five and six of this report. By a vote of 5-0 (Ms. Katz absent), the Planning Commission recommended City Council approve the requested vacation. The applicant should not be charged for the property since the request is to vacate a portion of right-of-way previously dedicated to the City. The closure should be subject to these conditions: A. The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Such plat shall combine all properties which would otherwise dispose of the land within the right-of-way to be vacated in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right-of-way, including the right of ingress and egress. In addition, said plat shall dedicate a public access easement to provide an area for vehicles to enter, turn around, and exit the property. Members of City Council Page 2 July 20, 2009 B. The applicant shall complete the following improvements: . Improve the intersection turning radius on Fairhope Road at Hershberger Road and on Barrington Drive at Cove Road in accordance with Virginia Department of Transportation Road Design Manual and/or the City of Roanoke Street Design Guidelines as determined by the City Traffic Engineer; . install a westbound deceleration taper on Hershberger Road and Fairhope Road in accordance with Virginia Department of Transportation Road Design Manual and/or the City of Roanoke Street Design Guidelines as determined by the City Traffic Engineer; and . install a south eastbound deceleration taper on Cove Road at Barrington Drive in accordance with Virginia Department of Transportation design standard requirements, in accordance with Virginia Department of Transportation Road Design Manual and/or the City of Roanoke Street Design Guidelines as determined by the City Traffic Engineer. C. 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. D. 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. E. If the above conditions have not been met within a period of one year from the date of adoption of this ordinance, then such ordinance shall be null and void, with no further action by City Council being necessary. Respectfully submitted, &.J0d~~ D. Kent Chrisman, Chairman City Planning Commission Members of City Council Page 3 July 20, 2009 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 4 July 20, 2009 Application Information Request: Permanent vacation of a portion of right-of-way Adjoining Owner/applicant Central Baptist Church City Staff Person: Frederick Gusler, AICP Site Address/Location: Barrington Drive, NW Official Tax Nos. of 6391313,6391016,6391302 adjoining properties: Site Area: 6,594 square feet Existing Zoning: R-7 Proposed Zoning: INPUD Existing Land Use: Unimproved riQht-of-way Proposed Land Use: Ingress/egress to Church on Tax no. 6391313 Neiqhborhood Plan: Peters Creek North Specified Future Land Use: Single-family Residential Filing Date: Original Application: May 7,2009 ..- Background The applicant has filed a rezoning application in conjunction with this request. The applicant dedicated this portion of Barrington Drive, N.W., to the City on a plat dated April 13, 2005, and approved by City staff on June 2, 2005 in order to create a turnaround. Because of the short length of Barrington Drive, staff determined a turnaround was not needed and recommended that the right-of-way be vacated. 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 owns Official Tax No. 6391313. The portion requested for vacation also adjoins Official Tax No. 6391016. However, since the applicant was the previous owner of this right-of-way prior to its dedication to the City in 2005, the Members of City Council Page 5 July 20, 2009 owner of Official Tax No. 6391016 is not entitled to the portion adjoining its property thereof. Vacation of the portion of right-of-way will not alter access to any other properties and will not change the current use of the property. Surroundinq Zoninq and Land Use: Zoning District Land Use North R-7, Residential Single-family Residential Single-family South R-7, Residential Single-family, IN, Religious, Residential Single- Institutional, ROS, Recreation and Open family, Country Club Space East R-7, Residential Single-family Vacant West R-7, Residential Single-family Residential Single-family Compliance with the Zoninq Ordinance: Vacation of the portion of right-of-way will not have an impact on the zoning of the property. Conformity with the Comprehensive Plan and Neiqhborhood Plan: The proposed vacation is consistent with applicable plans;, there will be no impact on future street connectivity. Public Utilities: Staff received comments from Verizon, Appalachian Power Company, and Roanoke Gas, all of which stated no objection to the request. City Department Comments: The City Traffic Engineer's office advised that some vehicles will likely use the applicant's private drive to turn around. Public Comments: There were approximately 50 persons in attendance in support of the proposed vacation at the June 18,2009, Planning Commission public hearing. Planninq Commission Discussion: The Commission discussed the traffic study and the resulting recommendations for modifications of nearby intersections: · Widen the intersection turning radius on Fairhope Road at Hershberger Road and on Barrington Drive at Cove Road; · Install a westbound deceleration taper on Hershberger Road and Fairhope Road; and Members of City Council Page 6 July 20, 2009 . Install a south eastbound deceleration taper on Cove Road at Barrington Drive. Mr. Williams stated that he felt the proposed improvements were unnecessary and inconsistent with the comprehensive plan. Mr. Scholz said he would not second guess the traffic engineers. Mr. Van Hyning asked staff questions about safety on Hershberger Road. Staff replied that the City Traffic Engineer said that whatwas planned at present did not preclude a possible future right turn in, right turn out at the Hershberger location. Mrs. Penn asked if there were any comments from the neighborhood throughout the process. Mrs. Goodlatte and Pastor Keaton replied that there had been a positive response to their forthcoming move. Mr. Talevi raised a concern with the standards that were being imposed by the language of the conditions, specifically as it pertained to VDOT and the City Traffic Engineer. Mr. Scholz made a motion to alter that language to include both City and VDOT standards. The motion passed and that language is included in the conditions above. APPLICATION STREET OR ALLEY VACATION Date: To: Office of the City Clerk Fourth Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Phone: (540) 853-2541 Fax: (540) 853-1145 All 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: 0.151 dC. loci'lten i'lt tnP. ;ntp.rRp.cTi em of Rnrr; ngton Dr; VP.. N. W. W; Tn rrnx Pi'lrcp.l :/I:fllQll11, hp; ng TnP Ri'lmp prnpF'rTY nM; ('rlh:,fi by Central Baptist Church to the City of Roanoke bv Plat dated April 13. 2005 recorded in the Roanoke City Circuit Court Clerk's Office in Map Book 1, Paqe 2890. Attached to this application is a cQPY of the recorded 2005 pli'lT of dP.dki'lT;On i'llnng with a current plat showinq the property for which vacation is souqht. Proposed use.of vacated street or alley: Provide a gateway entrance to new church CnrnptlR being developed by Central Baptist Church. Name of Applicant/Contact Person: Central Baptist Church Mailing Address: 1502 Staunton Avenue. Roanoke. 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"''''1 ..- l>; <.:i ~ Q. ta. ~ ...'Co~ :g ~ iii c "'''' ~lilQ 0: ... f:j ~ t> ,0 ~~~~~~~: 0: l'O ~ Ii: -&1. ~ g~~ e,~ e:~!2~:~..~ ... ... f:i e ~9<.> ::'i~""~~t>~!::'" 0., ~ '" I o:~ "'<:: "" ;;;g: C) <.:i... ~ ~f.'~ I! ~ ~ e-.l ~ ~~~ ~ ~ 1\ g ~ ~ ~ ~ '" ... ~ . en U i! ~ I " o! i~ ~j .....I'-.~f! ..... J~aN t ,. ..! !lii ....M I ~~ III. aJJw ADJOINING PROPERTY OWNERS Tax Parcel No. 6391313 Central Baptist Church TAX MAP NO. OWNERlS) I ADDRESS ZONING 6391016 Charles E. and Drema G. Mitchell R-7 1640 Barrington Drive, N,W. Roanoke, Virainia 24017 6391\ Edward Russell and Julia C. Mills ~7 1646 Barrington D~ N,W. Roanoke, Virainia 17 63913\ Alphonse D. and De~h E. Ruiz ~7 1645 Barrington Driv N.W. Roanoke, VirQinia 240 7 6391302 Orville J, Gates R-7 1639 Barrington Road, N.W. Roanoke, Virainia 24017 TO: FROM: DATE: Planning Building and Development Memorandum William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney ~ri~ Martha'l~ Franklin, Secretary, City Planning Commission May 27,2009 SUBJECT: Amended Application NO.1 - Central Baptist Church Rezoning Attached please find Amended Application No.1, dated 5/26/09. The amended application is in response to discussion comments Maribeth sent to the applicant. Please contact Maribeth at 1502 if questions. Thank you. If attachment cc: Stephanie Moon, City Clerk (w/a) 1.-:' .-. :~~ c-:' r;; ~~~ W 1~'1 i:.t-J -... ~ -, rl,,:t -") ::t:", ~:: ::f; (.-:) eo Department of Planning, Building and Development Room 166, Noel C, Taylor Municipal Building 215 Church Avenue, SW, Roanoke, Virginia 24011 Phone: (540) 853-1730 Fax: (540) 853-1230 Date:!May 26, 2009 Submittal Number: lAm ended Application No, 1 o Rezoning, Not Otherwise Listed o Rezoning, Conditional [8J Rezoning to Planned Unit Development o Establishment of Comprehensive Sign Overlay District o Amendment of Proffered Conditions o Amendment of Planned Unit Development Plan o Amendment of Comprehensive Sign Overlay District Address: Property located between Barrington Road, NW. and Hershberger Road, N.W. Official Tax No(s),: 16391313 Existing Base Zoning: "IR-7' Residential Single-Family (If multiple zones, please manually enter all districts,) Ordinance No(s), for Existing Conditions (If applicable): I I 0 With Conditions [8J Without Conditions Requested Zoning: INPUD, Institutional Planned Un Proposed Land Use: Place of worship; Child day care center Name: !central Baptist Church I Phone Number: I + 1 (540) 343-8274 I E-Mail: Italk2melj@aol.com I Address: 1502 Staunton Avenue, Roanoke, VA 24017 Property Owner's Signature: I I I Phone Number: E-Mail: I Applicant's Signature: Name: !Maryellen F.Goodlatte, Esq. !Phone Number: I + 1 (540) 224-8018 I I E-Mail: !mgOOdlatte@gfdg.com I Address: Glenn, Feldmann,et aI., P.O. Box 2887, Roanoke, VA 24001-2887 ~dk.. F.~~ Authorizedii:gent's Signature: . Planning Building and Development Memorandum FROM: William M. Hackworth, City Attorney Steven J, Talevi, Assistant City Attorney .lfhtJ w~.J Martha 'P'. PTanklin, Secretary, City Planning Commission TO: DATE: May 27 I 2009 SUBJECT: Amended Application NO.1 - Central Baptist Church Rezoning Attached please find Amended Application No.1, dated 5/26/09, The amended application is in response to discussion comments Maribeth sent to the applicant. Please contact Maribeth at 1502 if questions. Thank you, If attach ment cc: Stephanie Moon, City Clerk (w/a) Department of Planning, Building and Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.w. Roanoke, Virginia 24011 Phone: (540) 853-1730 Fax: (540) 853-1230 Date:IMay 26, 2009 I 1_1l1ll1111111j o Rezoning, Not Otherwise Listed o Rezoning, Conditional [g] Rezoning to Planned Unit Development o Establishment of Comprehensive Sign Overlay District _~!!'I t ^ ""'"'~"''''~''':':::~= -- . " '__=0"-"-'-"-''''":;;:;:;'';:<:MM,,*;~;;;~,-,,,;,::;:::::::L. Submittal Number: IAmended Application No.1 o Amendment of Proffered Conditions o Amendment of Planned Unit Development Plan o Amendment of Comprehensive Sign Overlay District Address: Property located between Barrington Road, NW. and Hershberger Road, NW. Official Tax No(s),: 16391313 Existing Base Zoning: ,. IR-7' Residential Single-Family (If multiple zones, please manually enter all districts.) Ordinance No(s), for Existing Conditions (If applicable): I I 0 With Conditions [8J Without Conditions Requested Zoning: INPUD, Institutional Planned Un Proposed Land Use: Place of worship; Child day care center Name: ICentral Baptist Church I Phone Number: I + 1 (540) 343-8274 I E-Mail: !talk2melj@a01.com I Address: 1502 Staunton Avenue, Roanoke, VA 24017 Property Owner's Signature: I I Phone Number: E-Mail: I Applicant's Signature: Name: !Maryellen F. Goodlatte, Esq. Address: Glenn, Feldmann, et ai., P,O, Box 2887, Roanoke, VA 24001-2887 ~~ F,A:t~ Authorized~gent's Signature: I Phone Number: I + 1 (540) 224-8018 I E-Mail: !mgoodlatte@gfdg.com I APPLICANT'S NARRATIVE Central Baptist Church, organized in 1914 by the late Reverend Blake White, purchased the subject property in 2002, When founded, Central Baptist Church was located in a three room house on McDowell Avenue in northeast Roanoke. The Church moved to its current location at 1502 Staunton Avenue in December, 1960, Dr, Joseph A. Keaton, the current pastor of Central Baptist Church, began his pastorate on August 2, 1987. Under his leadership, Church membership and Church facilities have expanded numerous times, On May 30, 1999, the Church celebrated payment of the mortgage debt associated with its last expansion in a special ceremony conducted by the late Reverend Noel C. Taylor. In 2002 the Church purchased the subject property because its existing property on Staunton Avenue had no more expansion space, and could not provide the space needed to support the Church's expanding congregation and expanding vision for its ministry. An architect and engineer were selected and plans were developed for a four building campus oriented around a central courtyard accessed via Barrington Drive, N.W. The campus will be constructed in phases, The first building to be constructed will be Sanctuary #1 and Fellowship Hall as depicted on the Development Plan. The Church has already raised the funds necessary to construct this first phase, After the Sanctuary #1 and Fellowship Hall building is complete, the Church will sell its Staunton Avenue property and use the proceeds to construct Sanctuary Building #2, as depicted on the Development Plan. Other buildings which will complete the campus include the Sunday School Building and the Gymnasium Building. As part of the first phase, the Church plans to incorporate a child day care center. The Sunday School rooms provided in Sanctuary #1 would serve as the location for the day care center. No more than 100 children would be enrolled in the center, whose hours of operation are expected to be 7AM to 6PM Monday through Friday, In May 2004 City staff completed its initial review of the Church's submitted site plan, Believing that final approval of the submitted comprehensive development plan could be accomplished by addressing the staff comments provided to the Church's engineers, the Church set to work raising funds for the construction of its new church campus, The Church did proceed, in 2005, to dedicate right of way to the City in order to create a large turn-around at the point where Barrington Road dead-ends at the property, A plat dedicating that right-of-way was approved and recorded. Today, both City and Church engineers and planners today believe that such a large right-of-way at the entrance to the Church property is unnecessary and impedes good design. The Development Plan depicts how the boulevard entrance to the Church property will be created, Using the area previously dedicated to the City will require the vacation of that right-of-way dedicated in 2005, To that end, a companion application requesting that vacation has been filed contemporaneously with this rezoning application. Barrington Road is accessed from more than one principal road network, A direct access onto Barrington from Cove Road exists, Barrington Road can also be accessed from Cove Road via Fairhope Road, Barrington Road can also be access from Hershberger Road via Fairhope Road and Harvest Lane, Attached as Exhibit 1 to this Narrative is the traffic analysis provided to the City by the Church's engineers. The Church. having met its initial fundraising goal of $1,5 million. recently directed its engineers to proceed with obtaining final site plan approval. However, the Church learned that, as a result of the 2005 comprehensive rezoning in the City. the property it purchased in 2002 was not zoned for church use, When the Church purchased the property in 2002. the property was zoned for church use, The comprehensive rezoning undertaken by the City of Roanoke in December 2005 created a new zoning category for religious assembly uses - the Institutional or IN District. Prior to the 2005 comprehensive rezoning, churches and church related uses were permitted in residential districts, The 2005 comprehensive rezoning did not place this parcel in the IN or INPUD district but in the R-7 district, even though the property was owned by the Church and even though the Church's plans for the property had been the subject of preliminary development review in 2004. Unfortunately, the Church did not recognize the impact of the 2005 comprehensive rezoning on its plans at that time, If it had, it would have requested that City Council place the parcels in the new INPUD district. Because the property exceeds five acres in size, the parcel does not meet the IN district requirements, Hence, the Church is seeking to rezone this parcel to an INPUD zoning district. The Church intends to use this property as a place of worship, and as a child day care facility, as described above, As the campus is developed, the Church may wish to add a Christian elementary school. and/or community feeding operations to its campus, Because the Church cannot now provide specifics as to those uses, the Church recognizes that, at such time as its plans are more developed, it will need to amend the zoning designation for this parcel in order to add those uses, As shown on the attached elevation for Sanctuary #1, the exterior finish materials for all buildings constructed on the Church campus will be brick, with a shingle roof. The classical brick architecture selected as the style ,for the Church campus, as illustrated on the elevation, will blend harmoniously with the character of the surrounding neighborhood, Buildings on the campus will be a single story, with none of the buildings exceeding 45 feet in height. The boulevard entrance from Barrington Road will be accentuated by brick walls on either side. as illustrated on the Development Plan. Decorative columns will cap the end of each side wall, with the name of the Church lettered on the right masonry side wall, as one enters the campus. No other signage is proposed. Sanctuary Building #2 will have seating for 500 in its largest assembly room. The largest assembly room in Sanctuary #1 will have seating for 400, The Development Plan provides that all parking spaces in excess of the maximum number of parking spaces allowed shall be created using a permeable paver system, Attached as Exhibit 2 to this Narrative is a parking analysis, It should be noted that the 13 temporary parking spaces associated with Sanctuary #1 are only included in Sanctuary #1 [Phase 1] parking calculations, These spaces will be demolished and replaced with curb and sidewalk when the future Sunday School Building is constructed. Stormwater Management and Stormwater quality will be addressed in conformance with City of Roanoke and State of Virginia Stormwater Management Regulations. The Development Plan proposes the construction of a centralized detention pond facility that will collect stormwater runoff from the subject parcel and its associated physical improvements, In additional to capturing and conveying on-site stormwater, the drainage system will collect and convey additional off-site stornlwater that drains to the subject property. This concept provides additional collection and treatment capacity which will result in additional benefit to the local community, Technical design for the proposed stormwater management system will include capture and detention of the 1 OO-year Storm event with detention pond release rates meeting or exceeding the minimum standard Extended Detention requirements set forth by the State of Virginia as they relate to Stormwater Quality, In the instance of this particular project, the proposed concept exceeds State requirements by capturing the 1 DO-year event in lieu of the normal 10-year or 25-year event. Design of the stormwater facility will include Best Management Practices (BMP's) relative to stormwater treatment and improvement of stormwater quality. Low Impact Design (LID) BMP's such as widened vegetative swales conveying stormwater to the detention pond will be implemented; this BMP protocol will provide for advanced vegetative filtering that can capture sediments, nutrients (fertilizers, etc), and biodegradable pollutants. The detention pond through its 1 DO-year design capacity will provide advanced sediment and nutrient removal. The proposed pond design includes two primary options for stormwater discharges. Option One would permit pumping of stormwater to an improved roadside ditch along Hershberger Road, Option Two would permit discharge through an engineered gravel filter specifically installed within the detention pond embankment. Working with the City's engineers and the Department of Conservation and Recreation, the Church's civil engineers will design and implement the appropriate discharge option, www.acsdesirnIlc.com les DESIGN Design MelTIOrandum of Understanding To: Hong Uu Cc: Dan Early, Scott Easter Project No: 09079 - Central Baptist Church From: Jason Hartman Date: May 11, 2009 The following are the results of the trip generation calculations for the Central Baptist Church project. The source for the trip generation calculations can be referenced in the 7th Edition of the Institute of Transportation Engineers Trip Generation Manual, During the weekend, the church wiII utilize the 500 seat sanctuary. On the weekdays, the church wiII act as a day care center for up to 100 students, The peak hour generator on a Sunday yields 315 vehicle trips. The peak hour generator during the weekdays in the afternoon is the controlling factor for the day care center. The corresponding vehicle trips for the day care center are 85 vehicle trips. The controlling factor wiII be the peak hour generator on a Sunday of 315 vehicle trips. Information was referenced from the 2007 Virginia Department of Transportation Daily Traffic Volume Estimates for the City of Roanoke and Roanoke County, The roadways that were analyzed were Hershberger Road (peters Creek Road to Cove Road) and Cove Road (Peters Creek Road to Hershberger Road). The average daily traffic for Hershberger Road is 9500 trips per day, and the average daily traffic for Cove Road is 8400 trips per day. Our office at ACS Design, LLC is located in the vicinity of the project area. We feel that the average daily traffic volumes may be skewed on the high side, The additional traffic due to our project development occurs on a Sunday from 9 am to 1 pm, In addition, there are three locations with traffic lights and signals to access the site: intersection of Peters Creek Road and Cove Road, intersection of Peters Creek Road and Hershberger Road, and intersection of Cove Road and Hershberger Road, The members of the church traveling to and from the site are local to the area and travel in all directions. It is our assumption that drivers will want to avoid left turns as much as possible. Therefore, drivers will most likely take the route from the Cove and Hershberger intersection to the site and the Peters Creek and Cove intersection to the site (See the attached map), 2203 Pelcri Creek Road. NW [3399 Booker T, Washington Highway 64 Courthouse Hill ENGINEERING Roanoke, Virginia 24017 Hardy. Virginia 24101 Wann Springs, Virginia 24484 LANDSCAPE ARCHITECTURE PHONE: (540) 562-2345 fAX: (540) 562-2344 PHONE: (540) 719-2345 fAX: (540) 719-2344 PHONE: (540) 839-2700 fAX: (540) 839.6677 SURVEYING CONSTRUCTION www.acsdesilffillc.com les DESIGN We feel that wan'ants for traffic improvements are not needed for this project because of the time of impact, day of impact, and existing control points with traffic signals. If you have any questions or comments about the calculations for trip generation and our recommendation for traffic impact for tbe Central Baptist Church project please contact me. Jason S. Hartman, EIT Project Engineer 2103 Peters Creek Road. NW 13399 Booker T, Washinglon Highway 64 Courtllouse Hill ENGINEERING Roanoke. Virginia 24017 Hardy, Virginia 24lO I Warm Springs, Virginia 24484 LANDSCAPE ARCHITECTURE PHONE: (540) 562-2345 FAX: (540) 562-1344 PHONE: (540) 719-2345 FAX: (540) 719-2344 PHONE: (540) 839-2700 FAX: (540) 839-6677 SURVEYING CONSTRUCTION MANAGEMENT Church (560 ) Average Vehicle Trip Ends vs: On a: Seats Sunday I Peak Hour of Generator Number 01 Studies: Average Number of Seats: Directional Distribution: 10 1,019 52% entering, 48% exiting Trip Generation per Seat Average Rate Range of Rates Standard Deviation 0,63 0,21 a (.. -:s (::?t?t? ) ~ 3/~ -r;~~5 Data Plot and Equation 1.14 0,83 1,900 1,800 1.700 1,600 1,500 1,400 fIl 1.300 "0 c: UJ 1,200 a. ~ 1.100 Q) "0 1,000 :c ~ 900 Q) OJ !E. BOO Q) > 700 ~ 11 t- 600 .,500 400 300 200 100 0 0 . . x. .' / . / ...' ,-;/" . ~/ . . . ~::~,;,~ - ~ "r/' . . ;/>*- ,y/ . . ,;;/' . . . , ,././. , . . .'.",;:< ,,/ .J<-..... .. " . " . -.-/'-... ~,-,:/ ~ '/; ,/ ...f/:'~.. . :--:/' /".' . '.,.~ .../~/ ,.../ :'~ 'X' .-1:/.' ..>/,. . ~/. ..~ , ~ . . . . ",..i.-', >. J . -)0(.. :< 1000 2000 3000 x " Number of Seals , Actual Data Points - Fitted Curve - - - - - - Average Rate Fitted Curve Equation: T:= 0.61 (Xl + 11.56 R2 = 0.75 Trip Generation, 7th Edition 1015 Institute 01 Transportation Engineers Day Care Center (565) Average Vehicle Trip Ends vs: Ona: Students Wee.kday, A,M. Peak Hour of Generator Number of Studies: Average Number of Students: Directional Distribution: 70 68 53% entering, 47% exiting Trip Generation per Student Average Rate Range of Rates Standard Deviation 0,82 0.39 .P. g;2.. (I i?O J ;: f5 Z- (hi'" S Data Plot and Equation 1.78 0.94 160 150 140 130 120 '" '0 110 t: W c- .t: 100 I- QJ U 90 :e Ql > 80 Q.l OJ l'O Iii 70 > c:( II 60 l- so "j 30 20 10 10 ;'->., . -. .".. .,..... , - " ;,: ._.L>.'~'~.. ___'Z~ .': r~'-:': x,,/~;t: /'" - ,';- --- :/ ' /~-- x -~ . ~ .} x :^ . , -,,<' .x. .:. :-:X;. - ,:,~>~p--..~;~" .~ :.' ..>i- '_~~X;;{~- /;' .:~:~/::~ - d: ;0( );...-:. ... . /).j'~';":: :X' - . :<:^ ;p: :,: ~.x ;.: , ' x :~ I ' I . I ' I 20 30 40 50 60 70 eo 90 100 110 120 130 140 150 160 170 1BO x = Number of Students ?, Aclual Data Points - FINed Curve - -- - - - Average Rate Fitted Curve Equation: Ln(T) = 0.77 Ln(X) + o.n ~ = 0.64 Trip Generation, 7th Edition 1047 Institute of Transportation Engineers I ..,. - Day Care Center (565) Average Vehicle Trip Ends vs: Students On a: Weekday, P.M. Peak Hour of Generator Number of Studies: 70 Average Number of Students: 68 DireCtional Distribution: 47% entering, 53% exiting Trip Generation per Student Average Rate 0,85 "~ (? S" ('/o;:;~) :; g s- -rr ~;-')..'l Data Plot and Equation Range of Rates Standard Deviation 0,39 1,72 0,96 190 180 170 160 150 140 III '0 130 c: Ll.J .9- 120 ~ Cll 110 U :c CD 100 > CD 90 01 ro Q:i 80 > <l: II 70 I- 60 50 40 30 20 10 10 T , . ... .r'''~' .,. . . . ,J ." ;.. x: . . ~ -X . x ./<x, .x~ . - " . ~~ , x x ~ - . '.::--;~'-' ::: -" x )..' .~X . . ..: :~x .. '" . . :x 'X .:~~,.;:i: , : . ');:' . x .' ':::_:. 'x ;;: . , , >:' , ' "',.1'. .:1. x ,. ':(". 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T"" ~ o ;fi! o ~ o ;fi! to m ~ <0 m Cl Cl -0 ~ ~ ~a g 3g"g~g 5 "" 1::. ii 5 m u ~ c2~ to:Z 0 ~N <0 .... <0 d c:i ci CD Gl 15 ~ ~ ! ~ a:: a:: '0 "0 :e:- ~ U U C) o o N :;r .... in Route (,,-i1\.' of Rnnnokp Length AADT Viroinia Departmenl of Transportation Traffic Enoineerino Division 2007 Annual Averaoe Daily Traffic Volume Estimates By Section of Roule City of Roanoke Truck--- K Dir QA Hire Bus OC OK 2Axle 3+AxIe 1Trail 2Trail Factor Factor 1,35 'N~I 7600 ..:.,:\ 8100 C AAWDT OW Year 2007 8 Salem T npk 8 Salem Tnpk 8 Garden City Blvd 8 Garden City Blvd 8 Shenandoah Ave 8 Shenandoah Ave 8 Shenandoah Ave 8 Shenandoah Ave 8 Odgen Rd 8 Grandin Rd 8 Grandin Rd 8 Grandin Rd 8 Franklin Rd e Franklin Ave e Tazewell Ave 8 TazewellAve e Green Ridge Rd -~ ~ Cove Rd =:) \... ./ --' 8 Mud Lick Rd 8 Edgewood Ave e Memorial Ave 5/14/2008 1.20 0.42 '"I ....-1 4800 1~';1 5900 '"I '~.I 12000 I,,:~I 9400 r.T.l 9400 G G G 98% 96% 98% 1% Wel Roonoke 1% 0% 0% 0% 0% 0% F I 0,087 1 0,085 I I 0.104 I 0.096 I I 0.097 I 0.099 I 0.102 I 0.094 I I 0.097 I I 0.1 I I 0.09B , NA I I O,09B r 0.138 I 0,14 I 0.144 I 1 0.103 I 0.096 I I 0,126 I 0.099 I 0.100 I 0% 361h SI 1% 1% 1% 241hSI Yellow Mln Rd 1% 0% 0% F 1,36 C 2.13 G G 98% 95% 0% 0% R:.. Rd 1% 0% 0% SR 116 Riverland Rd 0% 0% C F o.n G 95% 1% WCl Roanoke 1% 1% 2% 0% 0,86 C G 95% 1% 24tl.SI 1% 1% 2% 0% 0,29 ,..:.1 4600 "1 '._1 9200 '''I . '--I 7100 '"I r~~1 5600 ,,,:.J 2900 '"1 ,._, 12DOO ,::1 6100 .:1 5700 ..:,;1 4800 '''I '~.I 5100 0,55 1,11 0.72 G G G G 95% 99% 99% 99% 1% 151h SI 1% 1% 2% 0% 0% 0% 0% F c c F 0.97 G 1% 51hSI 1% 1% 2% Williamson Rd 0,60 0,14 0.54 0,34 1.23 G G G G G 98% 98% 98% 98% 99% 0% SCL Roanck. 1% 0% 0% \VCL Roanoke SCL ROlIIloke 1% 0% 0% us II SR419 1% 0% 0% 0% 0% 0% 0% 0% c F c F F c 1.49 ,':,,1 8400 T.l '_1 3100 T'~ "'''-=1 6200 T..I r__. .1,43 0,75 0,71 5100 G G G G "1 99% 99% 99% 99% 0% 0% MudJick Rd Gnr.;l Mill Rd 0% US 210 Bus 1% 0% 0% USZ!I E\mAve US 2:! I Jefferson SI 1% 0% 0% Williamson Road WiIlinrnson Rd 1 % 0% 0% 9IhSI 1 % 0% 0% 13 Ih 51 NCL Roano"" NClS.lem 1% 0% 0% 0% 0% 0% 0% 0% SR 117 Peter.; Creek Rood 1% 0% 0% lier.;hb=Rd Grondin Rd 1% 0% 0% U5 II Bnmdon Av. Brandon Ave. 1% 0% 0% Memorial Ave EdJ!Cwood Ave 1% 0% 0% Grandin Rd 0% 0% 0% 16 0% 0% 0% 0% F F 0.502 8200 8800 5200 6300 13000 10000 10000 5DOO 9900 13000 7600 6100 3100 6500 6100 5200 5500 9100 3300 G G 2007 F 0,514 G 2007 F 0,585 G 2007 F 0.578 G 2007 F 0,51 G 2007 F 0,514 G 2007 F 0.536 G 2007 F 0,605 G 2007 F 0.564 G 2007 F F 0,504 G 2007 F 0.622 G 2007 F 0,773 G 2007 F 0.805 G 2007 F 0.913 G 2007 F 0,519 G 2007 F 0.556 G 2007 F 0.645 G 2007 G 2007 G 2007 c F F 0,541 F 0.547 6700 5500 G 2oD7 lu S 61 t5 V) C,:) ~ ~ 2i: Sh ~ Q:: ~ ~ ts ""C 0: t3 U ~ (;) C) C) "- II f:2 ~ Vi ~ es t3 ts EJ ~Q. u~~ llJ ~ ~ (;) C) ~~ V)~8: V) EJ~s ~ ~ r-. -~ I '-l"J -. "- ~~Q. ~ ~ \I C)~~ Pr- ~ 8:.e~ VJ ~0' ~~~ =-c C,:) ""C "'C ~ Cl W ~ ~ ::t: ~ "- V) ~ C) ~ Q:: -.J 0:: ~ C) ~ ~ :"l:: ;:;r. ~ C\j ...... v J " ...... 0) ~)( ~e ~O)~ Q. lu~ 2 <:~2 ~ I '0' O)~ ts ~ V) "- ~ :>- Q:: ""C 2 C...) ~ (i5 C) C) "- ~ u "( Y1 ~ ~ l!J "( I'...:: Q. "- ~ (;) t'\! II ~ ~ ~ ""C -- '" t3 ........ 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Lu S EJ t5 V) ~ ~ ~ Cf es I..::: ~ U ~ c:5 :>- "'" l::::l l::::l ::::::! ~ tJ u ~ V) t-r) -- II t2 u ~~ ~~ W U)c:JY1 Q;)--tj Q:: II '" 4J!-w~ Clb-Lj )::t-r) 6J ts 3 t'\! ~ ~~ II :::s V) llJ ~ lu "- Q::: ~ 0:: II ~ :s C,:) C) ~ ~~ ~ ~ ~ '-.) -. 0:: U~Y1 ~ :>-Vitj "'''-"'C (:) Q C,:) II Vi ~Y1-.J ~t:8~ ~)>.:D ~C)I-:::. h.ct "'~ ;<:llJ h2c:J l::::l"- ~ t5 C) C) -- l ill ~J Plu......., -:/ -!~ m._.,. d.. ~ ~~_., f ~~ '~.I"C 1IIi5~&.t7 f"ll :~~} D .! - r i' ~.~ ';;; ":Ej t~'...=t .J _ \li . ~ ~ ~-fd:1jl-.~L a:.f '~'1 ~. . ~'l% .~ -r/7 -~ J'I.. f. I -__ '~. ::1 ~n \~l 1,. , l~~I''t ~J \\ ~l , ;< ~\h / i \'t 11 / f l > ":'\\'.. { i ~.~ . ! ~ 1 ; I .. . I! L ~iLI;~-~'~J . -, ..". l..""h ". '.I.\~ H." ---- ,t~... ~ti. ~~If IC~ ..... · ' I ; t -----=- . T-; 1: "; t :-.. .....~ ~~ ., ...,- ;; /- ~... ""'" "<--. . . . :. q " 't ADJOINING PROPERTY OWNERS Tax Parcel No, 6391313 Central Baptist Church TAX MAP NO. OWNERCS) I ADDRESS I ZONING 6391302 Orville J, Gates R-7 I I 1639 Barrington Road, N.W, i Roanoke, Virginia 24017 I 6391303 John S, and Mary L. Bethea R-7 I 3534 Harvest Lane, N,W. ! Roanoke, Virginia 24017 >- ! 6391304 Sylvia Hunter R-7 i 3526 Harvest Lane, N.W, \ Roanoke, Virginia 24017 6391305 Aubrey Carson Plunkett R-7 Margaret Head 3518 Harvest Lane, N,W. I Roanoke, Virginia 24017 ! ! ! 6391306 Maynard R. and De Lois G, Harriman R-7 3510 Harvest Lane, N.W, Roanoke, Virginia 24017 6391308 I Malouf Spousal Trust R-7 4025 Mudlick Road, S.W, Roanoke, Virginia 24018 6391309 Hazel Beatrice Emerson R-7 Dolores Emerson Perry 3547 Hershberger Road, N.W, Roanoke, Virginia 24017 6391310 Benedite Desir R-7 3629 Troutland Avenue, N.W, Roanoke, Virginia 24017 6391311 Ronald E, and Annie L. Layne R-7 I 3571 Hershberger Road, N,W, Roanoke, Virginia 24017 . I 6391312 Ronald E, and Annie L. Layne R-7 3571 Hershberger Road, N,W, ! Roanoke, Virginia 24017 i TAX MAP NO. OWNERCSll ADDRESS ZONING .. 2560137 Zelma T. Carter R-7 L. Scott Davis p, O. Box 6402 Roanoke, Virginia 24017 I 2670902 Roanoke Country Club, Inc. ROS I 1 I I P. O. Box 6069 I I I Roanoke, Virqinia 24017 I I 6391019 Juan H, Parra I R-7 Maria G. Arellano ! 3585 Hershberger Road, N.W. , I Roanoke, Virginia 24017 I 6391003 Louise Everett Otey R-7 I 1515 Fairhope Road, N.W. I Roanoke, Virqinia 24017 6391004 Kenneth J, and Ella Whitmer Griggs R-7 1523 Fairhope Road, N.W. Roanoke, Virginia 24017 6391005 Lee Roy, Jr, and Elizabeth Witt R-7 i , 1529 Fairhope Road, N.W, I Roanoke, Virginia 24017 I 6391006 Nathan R. and Karen Frances Tuning R-7 1535 Fairhope Road, N.W. Roanoke, Virginia 24017 I 6391007 Romie and Amanda D. Jenkins R-7 1913 June Drive I Roanoke, Virginia 24019 I I ! 6391008 Robert S, and Elizabeth M, Dooley I R-7 I I 1609 Fairhope Road, N.W. I Roanoke, Virginia 24017 ! 1 I 6391009 Linda D, Edmonds R-7 I 1615 Fairhope Road, N.W. Roanoke, Virginia 24017 I 6391010 Leonard W, and Doris C, Allen R-7 I 1621 Fairhope Road, N,W. , Roanoke, Virginia 24017 J I I I ; TAX MAP NO. OWNER{S) JADDRESS ZONING 6391011 Benjamin U, and Laverne G. Barnett R-7 1627 Fairhope Road, N.W. Roanoke, Virginia 24017 I 6391012 Tina K, Ferguson R-7 ! I ! 1633 Fairhope Road, N,W. ; ; ; t Roanoke, Virginia 24017 ! I 6391016 Charles E, and Drema G, Mitchell R-7 11640 Barnngton Dnve, N.W. Roanoke, Virginia 24017 I r~1! ~~ DB "I ;;'111 ~~~ c;adl 111'1 V1NIOHIA '3>10NVOH :to AJ.I~ H~HnH~ .LSI.LdV8 1\fH.LN3~ HO:tNV1d.LN3Wd013A3C Il,!.i ~I:I [ill I I", il-: ~ iftl~~ I I It) ;~ , . .. :Is ~ I , , U!!i 'I I . .I.'.' / " 'il~'~ - -1 if ,I IlL; I II, ~ I H ~ I'" CltJ I, I~!i I I I ~":sl II c i I , '. 1~I~h ... a II I~I.~ I ~ d al::sl ,.1 ~ ~ ; ! 1 I i ;iM~; ~I i i ~. i I ~~ ~ I ! iill!IIII' !,~ I!;' ~i I jl~lrl i I ~I!! ',1;.1 ,'il :d. I, ; II I ;, I 8!,! ; ,ri', m Ir I '! ., , I enm 11I1!l~~; I ill 1I11!l!Il \fINIDHI^ '3)tON\fOH :10 All:> H:>HnH:> lSlld\fB lVHlN3:> HO:JNV1dlN3Wd013^30 Ill.! n:i [IT i ~ I I!h ~il!! liU 'i"j m g~g ml ~ Q! -. ! ! s::: .g .. t Ui a'd fa c: s::: Ui ..!:! !I ~~ ~f ~l en u E~ Q) 0 Ez @ o :::t -0 fa =.ii ~ j;'U.V~~llI::<.I..1 n.,", u...I-)f.:u.> \ll~U.f&,~l'~'Iiii,U.'1 _'.u.~'*""':<:()~."'",,,*lJ "-:i\~UllHt._:&lJ;l.1 Q) ~ '" ~ j ~ 11 !i ~~~ i~~ I t t . . 1 i ~ h~ ~ ~i ~~ '. I .!. - 8~~' ~ ~~ "1 & sS ii" ~ Il~ i~. i t ~ ~~ ~.~ i h ~li~ i i1 k- Ilf ~i' j 11,,," t '. !l ~~. · I h , '.11 ~ ~. t h B . HI ~~, . t ~- tv ~~ ; -.J ... l'il l?i' ".1 "'a 41j~ 0 ~H:~ II . I NNoOSIWVr J ~ V^ 'All~ 3~ONVOtl iJn H?t1n~~?~~_~!1dV8 lV~lN3~n0til f i' III f I Ii .;lli .f;J ~ N'!M5:3IO lVlffU.:)ntUS I !)N!mJn8NOJsI\::I ;~7;::;;::::::;:;' <"x-',w''l<':,'''''~;<'~ t:l':~" "i'. .t:~""~,:r"i<)'i<':";: ....r.'ii ::~,~ t~roos I WV r 'l/^ '),,11::) 3>iON'l/OtJ H::)t:tnH::) lSlld'l/8 l'l/t:tlN3::) ; 'i 1 ;:J' 'I! ~, f !a;~' (~ 51 2 ~ . The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roano.ke Time.s - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - -- 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 "11""',,, I "'\\to-~DY -4 1",,, I ......' ~<(-..,....... "~J...""'" I ...... .' fvO"''''A'', A. -:. I ... .' p'" Y' "? .. 2 *' :" As USI.1C ". ~ ~ I - . G. ~7. . ~ .. = C'): My COAA Ot;}093Q: = I - o. !!1iiL,YIMISS.' . ...L - I :. ~ '. PIR 'ON.' "{":: ..~. .f. .... -:... ~ .... I ( ..'~~ .:- I TOTAL COST: 430.56 ........7pf.:....,...,..~~......... I FILED ON: 07/11/09 '",:UHOr'J\~",'''' I - - - - - - - - - - - - - - - - - - - - - _ _ _ _ _ _ _ _ _ _ _ _ _' ~'1 '-' ll.! \~ ~ _ _ _ _ _ _ _ _ _ + _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ GLENN, FELDMANN, PO BOX 2887 210 FIRST ST ROANOKE VA 24001 DARBY & GOODL REFERENCE: 80078049 11498095 NPH-Central Baptist State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Vir~nia. Sworn and subscribed before me this __J~day of JULY 2009. Witness my hand and official seal. otary Public PUBLISHED ON: 07/04 07/11 Authorized ~ ~ Signature'-f~t'f- Billing Services Representative NOTICE OF PUBLIC HEARING. The Council of the City of' Roanoke will hold public hearings on Monday, July 20, 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: Request from Central' Baptist Church to rezone property located between! Barrington Drive, N,W., and Hershberger Road, N.W" bearing Official.Tax No! 6391313, from R.7, Residential Single Family, Districf, to INPUD,' Institutional Planned Unit Development District; subject to.a proffered condition, 'for the purpose of developing phase one of the property for a place 01 worship and child.day .car<! center, and a request frorr, Central Baptist Church te I permanently vacate,. discontinue and close a. 0.151 acre portion 01 Barrington Drive, N.W" terminating at a parc.el bearing Official Tax No, 6391313, Copies of. the applications are available for review in I the Office of the City Clerk; Room 456, Noel C, Taylot I 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 whol needs accommodations fori these hearings, please contact the 'City Clerk's Office, at 853.2541, before noon on the Thursday before the date of the hearings listed above, GIVEN under my hand this ist day of July, 2009,. Stephanie M, Moon, CMC City Clerk. (11498095) ~( (\~\ ~'>~~ 'v ,~ \Q NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold public hearings on Monday, July 20,2009, 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: Request from Central Baptist Church to rezone property located between Barrington Drive, N.W., and Hershberger Road, N.W., bearing Official Tax No. 6391313, from R-7, Residential Single Family District, to INPUD, Institutional Planned Unit Development District, subject to a proffered condition, for the purpose of developing phase one of the property for a place of worship and child-day care center, and a request from Central Baptist Church to permanently vacate, discontinue and close a 0.151 acre portion of Barrington Drive, N.W., terminating at a parcel bearing Official Tax No. 6391313. Copies of the applications 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 accommodations for these hearings, please contact the City Clerk's Office, at 853-2541, before noon on the Thursday before the date of the hearings listed above. GIVEN under my hand this 1st day of July ,2009. Stephanie M. Moon, CMC City Clerk. list-rezone and vacate,doc Notice to Publisher: Publish in the Roanoke Times on Saturday, July 4,2009 and Saturday, July 11,2009. 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: Maryellen F. Goodlatte, Esquire Glenn, Feldmann, Darby and Goodlatte p, 0, Box 2887 Roanoke, Virginia 24017-2887 (540) 224-8018 mQoodlatte@QfdQ.com " NPH-CentraI Baptist Rezone and Vacate,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 May 11 , 2009 CECELIA T, WEBB Assistant Deputy City Clerk 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 attaching copy of an Application for Street or Alley Vacation received in the City Clerk's Office on May 8, 2009, from Maryellen F. Goodlatte, Attorney, representing Central Baptist Church requesting that a 0,151 acre located at the intersection of Barrington Drive, N. W., be permanently vacated, discontinued and closed, in order to provide a gateway entrance to a new church campus. Sincerely, ~Yn.~ Stephanie M. Moon, CMC City Clerk SM M :ew Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council Maryellen F,Goodlatte, Attorney, Glenn, Feldmann, Darby & Goodlatte, P. 0, Box 2887, Roanoke, Virginia 24001-2887 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: c1erk@roanokeva,gov STEPHANIE M, MOON, CMC City Clerk CECELlA T, WEBB Assistant Deputy City Clerk July 7, 2009 Maryellen F, Goodlatte, Attorney Glenn, Feldmann, Darby & Goodlatte p, 0, Box 2887 Roanoke, Virginia 24001-2887 Dear Ms, Goodlatte: 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, July 20, 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 Central BaptistChurch to rezone property located between Barrington Drive and Hershberger Road, N, W., from R-7, Residential Single Family District, to INPUD, Institutional Planned Unit Development District, subject to a proffered condition, for the purpose of developing a place of worship and child-day care center, and to permanently vacate, discontinue and close a 0.151 acre portion of Barrington Drive, N, W, 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 July 20th public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, ~ /"n. fYJuU)v Stephanie M. Moon, CMC City Clerk SMM:ctw Enclosure 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 CECELIA T, WEBB Assistant Deputy City Clerk STEPHANIE M, MOON, CMC City Clerk July 7, 2009 Mr. Orville J. Gates Ms. Mary Bethea Mr, and Mrs, Aubrey Plunkett Malouf Spousal Trust Mr. Benedite Desir Roanoke Country Club, Inc. Ms. Louise Everett Otey Mr. and Mrs. Kenneth Griggs Mr, and Mrs. Nathan Tuning Mr. and Mrs, Robert Dooley Mr. and Mrs, Benjamin Barnett Mr. and Mrs, Charles Mitchell Ms. Sylvia Hunter Mr, and Mrs, Maynard Harriman Ms. Hazel B. Emerson and Ms. Dolores E. Perry Mr. and Mrs. Ronald Layne Mr, and Mrs. Lee Roy Witt Mr, and Mrs. Romie Jenkins Mr, and Mrs, Leonard Allen Ms. Tina K. Ferguson Mr, Juan H, Parra and Ms, Maria G, Arellano Mr, L. Scott Davis and Ms, Ze'lma T. Carter 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, July 20, 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 Central Baptist Church to rezone property located between Barrington Drive and Hershberger Road, N,W., from R-7, Residential Single Family District, to INPUD, Institutional Planned Unit Development District, subject to a proffered condition, for the purpose of developing a place of worship and child-day care center, and to permanently vacate, discontinue and close a 0.151 acre portion of Barrington Drive, N. W. 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, Adjoining Property Owners July 7,2009 Page 2 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, SMM:ctw Sincerely, ~ hJ. rr-;mMJ Stephanie M. Moon, CMC City Clerk AFFIDAVIT PERTAINING TO REZONING REQUEST OF: Central Baptist Church, Hershberger Road, NW Tax No. 6391313, from R-7 to INPUD ) AFFIDAVIT ) COMMONWEALTH OF VIRGINIA CITY OF ROANOKE TO-WIT: The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge, Affidavit states that, pursuant to the provisions of Section 15,2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 1st day of June, 2009, notices of a public hearing to be held on the 18th day of June, 2009, on the request captioned above to the owner or agent of the parcels as set out below: Tax No. Name Mailing Address 6391302 Orville J. Gates 1639 Barrington Drive, NW Roanoke, VA 24017 6391303 Mary Bethea 3534 Harvest Lane, NW Roanoke, VA 24017 6391304 Sylvia Hunter 352 Harvest Lane, NW Roanoke, VA 24017 6391305 Aubrey Carson Plunkett 3518 Harvest Lane, NW Margaret Head Roanoke, VA 24017 6391306 Maynard and DeLois Harriman 3510 Harvest Lane, NW Roanoke, VA 24017 6391308 Malouf Spousal Trust 4025 Mudlick Road, SW Roanoke, VA 24018 6391309 Hazel Beatrice Emerson 3547 Hershberger Road, NW Dolores Emerson Perry Roanoke,YA 24017 6391310 Benedite Desir 3629 Troutland Avenue, NW Roanoke, VA 24017 6391311 Ronald and Annie Layne 3571 Hershberger Road, NW 6391312 Roanoke, VA 24017 2560137 Zelma T. Carter POBox 6402 L. Scott Davis Roanoke, VA 24017 2670902 Roanoke Country Club, Inc, POBox 6069 Roanoke, VA 24017 6391019 Juan H, Parra 3585 Hershberger Road, NW Maria G, Arellano Roanoke, VA 24017 6391003 Louise Everett Otey 1515 Fairhope Road, NW Roanoke, VA 24017 6391004 Kenneth and Ella Griggs 1523 Fairhope Road, NW Roanoke, VA 24017 6391005 Lee Roy and Elizabeth Witt 1529 Fairhope Road, NW Roanoke, VA 24017 6391006 Nathan and Karen Tuning 1535 Fairhope Road, NW Roanoke, VA 24017 6391007 Romie and Amanda Jenkins 1913 June Drive, NW Roanoke, VA 24019 6391008 Robert and Elizabeth Dooley 1609 Fairhope Road, NW Roanoke, VA 24017 6391010 Leonard and Doris Allen 1621 Fairhope Road, NW Roanoke, VA 24017 6391011 Benjamin and Laverne Barnett 1627 Fairhope Road, NW Roanoke, VA 24017 6391012 Tina K. Ferguson 1633 Fairhope Road, NW Roanoke, V A 24017 6391016 Charles and. Drema Mitchell 1640 Barrington Drive, NW Roanoke, VA 24017 ~ p~ ~/L/vJl~ Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 1st day of June, 2009, Gndau R i1bd.J Notary Public My Commission Expires: / J I,~/ Q 0 I ;;{ { CANDACE R. MARTIN NOTARY PUBUC Commonwealth of Virginia Reg, #28207 M Commission Expires AFFIDAVIT PERTAINING TO STREET CLOSURE REQUEST OF: Central Baptist Church, Hershberger Road, NW pt. of Barrington Drive, N.W. ) 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 1 st day of June, 2009, notices of a public hearing to be held on the 18th day of June, 2009, on the request captioned above to the owner or agent of the parcels as set out below: Tax No. Name Mailing Address 6391302 Orville J. Gates 1639 Barrington Drive, NW Roanoke, VA 24017 6391016 Charles and Drema Mitchell 1640 Barrington Drive, NW Roanoke, VA 24017 'Ih~ 4u;Jr~ Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia~thIS. 1st day of .June. 2009. . . r:? (.t P fJhd;;J otary Public My Com~ission Expires: / 1/3L?/0I[j /;X CANDACE R. MARTIN NOTARY PUBUC Commonwealth of Virginia Reg.#28207~ 62 My Commission Expires 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 CECELIA T, WEBB Assistant Deputy City Clerk July 24, 2009 Maxwell H. Wiegard, Esquire 10 Franklin Road, S. E., Suite 800 Roanoke, Virginia 24011 Dear Mr. Wiegard: I am enclosing copy of Ordinance No. 38551-072009 rezoning Official Tax No. 3100937 located at 2707 Williamson Road, N. E., from MX, Mixed Use District, to CG, Commercial General District, subject to certain conditions proffered by the petitioner, as set forth in the Zoning Amended Application No.1 dated May 26, 2009. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 20, 2009, and is in full force and effect upon its passage. Sincerely, ~ rn. ~hv Stephanie M. Moon, CMC City Clerk Enclosure I ! Maxwell H. Wiegard . July 24, 2009 Page 2 pc: Jessie G. Cundiff, et als, 2605 Williamson Road, N. E., Roanoke, Virginia 24012 One Sixteen liberty Road, LLC, 4502 Starkey Road, S. W., Suite 4, Roanoke, Virginia 24018 Tina Nunley, 2704 Edison Street, N. E., Roanoke, Virginia 24012 Joseph Bartnick, 2710 Edison Avenue, N. E., Roanoke, Virginia 24012 PSH Associates, LLC, P. O. Box 12068, Roanoke, Virginia 24022 Brooks and Florence Davidson, 5523 Darby Road, N. W., Roanoke, Virginia 24012 U-Haul Real Estate Company, 2721 N. Central Avenue, Phoenix, Arizona 85004 Gary and Katherine Daniel, 8248 Olde Tavern Road, N. E., Roanoke, Virginia 24019 David Anderson, President, Williamson Road Action Forum, 3330 Troy Avenue, N. E., Roanoke, Virginia 24012 Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Martha P. Franklin, Secretary, City Planning Commission Susan S. Lower, Director of Real Estate Valuation Philip C.Schirmer, City Engineer s,&\J '\\~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of July,2009. No. 38551-072009. 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 certain property within the City, subject to certain conditions proffered by the petitioner; and dispensing with the second reading of this ordinance by title. WHEREAS, Labor Finders of Virginia, Inc. has made application to the Council of the City of Roanoke, Virginia (City Council'), to have the property located at 2707 Williamson Road, N,E" bearing Official Tax No. 3100937, rezoned from MX, Mixed Use District, to CG, Commercial General District, subject to certain conditions, for the purpose of opening an employment and temporary labor service; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by 936.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on July 20, 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 proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the Citjs O-Labor Finders of VA-rezone with proffers,doc 1 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: 1. Section 36.2-100, 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 Official Tax No. 3100937 located at 2707 Williamson Road, N.E., be, and is hereby rezoned from MX, Mixed Use District, to CG, Commercial General District, subject to certain conditions proffered by the petitioner, as set forth in the Zoning Amended Application No.1 dated May 26,2009, 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: ~hl. h, O~ City Clerk. C O-Labor Finders of V A-rezone with proffers. doc 2 CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning@roanokeva.gov Architectural Review Board Board of Zoning Appeals Plauuing Commission . 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 July 20, 2009 Dear Mayor Bowers and Members of City Council: Subject: Request from Labor Finders of Virginia, Inc., to rezone property at 2707 Williamson Road, N.E., bearing Official Tax No. 3100937, from MX, Mixed Use District, to CG, Commercial General District, subject to certain proffered conditions, for the purpose of opening an employment and temporary labor service. Planning Commission Public Hearing and Recommendation Planning Commission public hearing was held on Thursday, June 18, 2009. Public comment and Commission discussion is set out on page six of this report. By a vote of 5-0 (Ms. Katz absent), the Commission recommends approval of the requested rezoning finding the application to rezone the subject property to be consistent with the City's Zoning Ordinance, Comprehensive Plan, and the Williamson Road Area Plan. The proposed use and zoning designation is appropriate considering the site's surrounding context. Furthermore, the applicant has proffered limitations on land uses and proffered preservation of existing tree canopy, maintenance of existing screening, and provision of safe pedestrian access to Williamson Road. Respectfully submitted, W' /0vJ ~~ D. Kent Chrisman, Chairman 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 2 July 20, 2009 Application Information Request: Rezoning, Conditional Owner: Adult Care Center of Roanoke Valley, Inc. Applicant: Labor Finders of Virginia, Inc. i Authorized Agent: Maxwell H. Wiegard, Esq. City Staff Person: Maribeth B. Mills Site Address/Location: 2707 Williamson Road NE Official Tax Nos.: 3100937 Site Area: 0.4167 acres Existing Zoning: MX, Mixed Use District Proposed Zoning: CG, Commercial-General District, with conditions Existing Land Use: Day Care Center, Adult Proposed Land Use: Employment and Temporary Labor Service : Neighborhood Plan: Williamson Road Area Plan Specified Future Land Use: Small and Medium Scale Commercial Filing Date: Original Application: May 7, 2009; Amended Application No, 1: May 26, 2009 Background The applicant requests a rezoning to permit the establishment of an employment and temporary labor service establishment in an existing 3,192 square foot building. The establishment will be operated by Labor Finders of Virginia, currently located at 1609 Williamson Road. Labor Finders selected the site as a new location due to its size and proximity to their worker pool in the Williamson Road areR The applicant states that 50 to 70 workers arrive by foot or public transportation from 5:30 a.m. to 7:00 a.m. for work assignments and are then transported to local industries and businesses in need of temporary labor by van, carpool, or public transportation. Workers will finish the day back at the Labor Finders office between 3:30 p.m. and 5:30 p.m. to receive paychecks. The existing one-story, metal building housed the Adult Care Center of Roanoke Valley and requires only minor alterations to accommodate Labor Finders, The only exterior modification proposed is a pedestrian'pathway connecting the public sidewalk on Williamson Road with the building's primary entrance, as requested by staff. The existing vehicular entrance, sign, and parking area will be used as they are currently configured and the applicant has proffered to retain existing screening and landscaping. Members of City Council Page 3 July 20, 2009 Conditions Proffered by the Applicant The applicant requests that the following proffered conditions be adopted as they pertain to Official Tax No. 3100937: 1. Pedestrian access developed in accordance with Section 36.2-314(e) of the City's Zoning Ordinance shall be installed prior to issuance of a Certificate of Occupancy, 2. A Type A buffer yard shall be maintained along the rear property line. 3. The existing trees identified on the concept plan dated May 26, 2009 shall be maintained in accordance with Section 36.2-642(f) of the City's Zoning Ordinance. 4. Only the following uses shall be permitted on the subject property: a, Business service establishment b. Employment or temporary labor service c. Medical clinic d. Office, general of professional e, Caterer, commercial f. Live-work unit, limited to the commercial uses listed herein g. Mixed-use building, limited to the commercial uses listed herein h. Studio/multimedia production facility i. Bakery, confectionary, or similar food production, Retail J. Contractor or tradesman shop, General or Special Trade k, Dry cleaning and laundry pick-up station I. General service establishment m. Nursery or greenhouse, commercial n. Personal service establishment 0, Pet grooming p. Retail sales, not otherwise listed q. Community center r, Eating establishment s. Eating and drinking establishment, not abutting a residential district t. Health and fitness center u. Meeting hall v. Artist studio w. Community garden x. Day care center, Adult y, Day care center, Child z. Educational facility, business school for non industrial trade aa. Educational facilities, Elementary/middle/secondary bb. Educational facilities, Industrial trade school cc. Educational facility, school for the arts dd. Government offices or other government facilities, not otherwise listed in this table Members of City Council Page 4 July 20, 2009 ee, Museum ff. Broadcasting studio or station gg. Utility distribution or collection, basic hh. Wireless telecommunication facility, stealth ii. Meeting hall Considerations Surroundinq Zoninq and Land Use: Zoning District Land Use North CG, Commercial-General Motor vehicle sales, used, motor vehicle repair or District service establishment, and retail sales establishment. South 1-1, Light Industrial, with General manufacturing, conditions East MX, Mixed Use District SinQle-family dwellings. West CG, Commercial-General Motor vehicle sales, used and motor vehicle District repair or service establishment. Compliance with the Zoninq Ordinance: Because no part of the site is being redeveloped, no exterior modifications are required for the change of use to an employment or temporary labor service establishment. However, the applicant has proffered the preservation of existing landscaping and screening and the addition of pedestrian access to improve the site's consistency with the Zoning Ordinance's requirements for the CG District. 1. In accordance with Section 36.2-314(e), a pedestrian walkway has been provided from the public right-of-way to the primary entrance of the principal building. There is currently no definition between the subject property's driveway and the adjoining property's parking area. Providing a protected pedestrian pathway will provide a safe place for workers arriving on foot and public transportation to access the site. 2. The 6' screen buffering the single-family residences to the rear of the subject property will be maintained. 3. The existing trees identified on the concept plan provided will be maintained in accordance with Section 36.2-642(f) of the City's Zoning Ordinance. The concept plan identifies one Dogwood, eight Cedars, one Crepe Myrtle, and four Maples totaling 6,099 square feet of tree canopy. A lot of this size in the CG District requires only 1,815 square feet of tree canopy. Thirty-five uses deemed appropriate for the property's location and configuration have been proffered, These uses will provide future options for the site should the applicant vacate the property. Thirteen spaces are striped on the site; however, approximately seven of these meet the requirements bf the City's Members of City Council Page 5 July 20, 2009 Zoning Ordinance. This is still adequate for the proposed establishment as parking reductions for building size and proximity to public transit decrease the number required spaces from eleven to five. New freestanding signage will be limited to 28 square feet of sign area and 16 feet in height. The applicant has stated that an existing 12 foot pole sign with 24 square feet of sign area will be refaced. Conformity with the Comprehensive Plan and Neiqhborhood Plan: The Williamson Road Area Plan calls for the subject property to be used for small and medium scale commercial uses serving surrounding neighborhoods in addition to regional markets. The plan goes on to state that these uses should be accommodated by Commercial-Neighborhood, Mixed Use, or Commercial- General zoning designations depending on property's context, scale, and surrounding land use patterns. The subject property is surrounded by Commercial-General and Industrial zoning designations housing various motor vehicle sales and service establishments, retail sales, and general manufacturing, While this rezoning would expand CG zoning along Williamson Road, which is discouraged in the Area Plan to reduce market saturation, this particular property is appropriate considering surrounding zoning and land uses. Furthermore, this site is limited by the lot's small size and lack of road frontage in addition to the conditions proffered by the applicant. This application also fulfills a number of goals found in Vision 2001-2020 and the Williamson Road Area Plan, including workforce development, tree canopy preservation, maintained transitions between commercial and residential development, and improved pedestrian access. The following policies of Vision 2001-2020 are relevant in the consideration of this application: , · EC PS, Trees. Roanoke will maintain and increase its tree canopy coverage as a way to improve air quality. · PE P6. Workforce development. Roanoke will strive to provide the necessary education and training for a well-qualified workforce to meet the demands of business and industry. The following policies of the Williamson Road Area Plan are relevant in the consideration of this application: . Community Design Policies: o Commercial zoning: General'commercial and light industrial zoning will be limited within the area to locations where existing land uses and scale of development reflect the purpose of those zoning districts. Future expansions of general commercial zoning will be discouraged except where they reinforce identified nodes or strategic initiatives. o Relationships between commercial and residential uses can and should be harmonious. · Economic Development Policies: Members of City Council Page 6 July 20, 2009 o A network of commercial nodes will be established along major corridors. o Commercial zoning: The supply of commercial zoning along Williamson Road will be limited to encourage more efficient use of the Roanoke's scarce land resources. . Quality of Life Policies: o Tree canopy will be increased to 40%, consistent with the overall goal for Roanoke as established by the Urban Forestry Plan, Outside Aqencv Comments: None. Public Comments: A letter of support was received from the Williamson Road Area Business Association (WRABA). Wendy Jones, Executive Director of WRABA appeared before the Commission in support of Labor Finder's rezoning request. Planninq Commission Discussion: At the Planning Commission's June 18, 2009 public hearing, Mr. Van Hyning asked the applicant where their clients would wait for work assignments. The applicant stated that their clients would wait inside the building. - '_.-:~~~"~"t!l~~4'%iI.".qm""'''''.''''~;'"' ;~:',iWr--", ''''':'-'' ':TO:~. '-'""":f~"'''_'~'.t:>i<: ~V ,,,,,.,,_..'P' ;~: ... en . .en 'i~:%4.X~r~::;:;{:~,,~-~):i.f~~~"1 ;~:\ftii1.'id3:~J. Department of Planning, Building and Development Room 166, Noel C. Tayler Municipal Building 215 Church Avenue, S. W, Roanoke, Virginia 24011 Phone: (540) 853- 1730 Fax: (540) 853-1230 Click Hereto Print .1 [ Date: [May 26, 2009 ! Requesi~li.'eCtriiljfiil.i1'a'''lipiyj;~1~~ ',"':"-.:.e-.."~..;;,~"-...1>:':.,j."';,."'fU,;.,/c.,-~........;.>h_~"-~'4.~~',,,,~~r""".;_y,::..~;,;,<~~,';';';\':4...;.f"".:..",:",.,.,,,q,N' .,.~-....;P~ o Rezoning, Not Otherwise Listed ~ Rezoning, Conditional o Rezoning to Planned Unit Development o Establishment of Comprehensive Sign Overlay District PfC)P!~l~!!IW!t.~~Ii'li Submittal Number: IAmended Application No, 1 . o Amendment of Proffered Conditions o Amendment of Planned Unit Development Plan o Amendment of Comprehensive Sign Overlay District Address: 2707 Williamson Road, Roanoke, VA 24012 Official Tax No(s),: 13100937 Existing Base Zoning: I (If multiple zones, please manually enter all districts.) MX Ordinance No(s). for Existing Conditions (If applicable): ! Requested Zoning: ICG, Commerciat-General I Proposed Land Use: ~!!,~!t!f;.~~:~~~!~!!i~!.!J / Name: Adult Care Center of Roanoke Valley, Inc. I 0 With Conditions [8J Without Conditions IEmPIOyment and Temporary labor Service Phone Number:! + 1 (540) 981-2350 ! I E-Mail: Inutter.sue@9mail.com Name: Ilabor Finders of Virginia, fnc. I Phone Number: I + 1 (540) 342-4409 . I E-Mail: ISdukeman@lfstaff.com I 609 Williamson Road, N.E.. Roanoke, VA 24012 ~ - f?("s.~lt'''7 /-- Applicant's Signature: Name: IMaxwell H, Wiegard, Esq, 10 Franklin Road, S.E., Suite 00, Roanoke, VA 24011 [ Phone Number. [ + 1 (540) 983-9350 [ E-Mail: rmax_wiegard@gentrylocke.com I v I ROANOKE VA Print Report I Close Window Property Information Card for: ADULT CARE CENTER OF ROANOKE 2:107 W1WAMSON RD NE ROANOKE VA 24012 ( Neighborhood Intonnatlon View Neiaborhood Portal BUILDING PERMITS View Permits & Code Enforcement Notices MAPS & PLANS View Enaineerina Maps & Plans Images Sketches Sketch 1 OWNERlLEGAL INFORMATION Tax Number Property Address Legal Description Owner Name Owner 2 Name. _80931 2707 WILLIAMSON RD NE LOT 6F BLK 1 LIBERTY LAND ADULT CARE CENTER OF ROANOKE VALLEY INC http://gis,roanokeva.goY/rptDetailAlI. cfm?mapno=31 00937 &mapFn=rnk.e _ ext... 3/27/2009 City of Roanoke - GIS Property Information Card for: ADULT CARE CENTER OF ROANOKE 2707 WILLIAMSON RD NE ROANOKE VA 24012 Page 1 of3 Print Report I Close Window I~ Neighborhood information Neighborhood Report BUILDING PERMITS View Permits & Code Enforcement Notices MAPS & PLANS View Engineering Maps & Plans Images Sketches Sketch 1 OWNER/LEGAL INFORMATION Tax Number Property Address Legal Description Owner Name Owner 2 Name Owner Address Neighborhood Number Property Use ASSESSMENT INFORMATION Assessment History Land Assessment Improvements Total Change Reason Assessment History 2 Land Assessment 2 Improvements 2 Total 2 Change Reason 2 SALEITRANSFER INFORMATION Deed Reference Grantor Sale Date Sale Price 3100937 2707 WILLIAMSON RD NE LOT 6F BLK 1 LIBERTY LAND ADULT CARE CENTER OF ROANOKE VALLEY INC 2707 WILLIAMSON RD NE ROANOKE VA 24012 710 457 -Comm/lndust-Educational 01/01/2009 $84,800.00 $98,600.00 $183,400,00 Annual GRA 01/01/2008 $84,800,00 $98,600.00 $183,400,00 Annual GRA 0155301450 EXXON CORPORATION 02/04/1987 $60,000.00 httn. / /n1C'1 ....n.n...,,^l,a'rn rYn."T/~...nL:'t."n;l A 11 ,..+_,..,r)_.....____~ 1 f\f\n..., ...,o/...,n o_~_ ___ 'r'______1_ _ ___.I- _ _ _ _1 . City of Roanoke - GIS Deed Reference 2 Grantor 2 Prevo Sale Date Prev, Sale Price Transfer History Comments Deed Card ZONING LOT INFORMATION Property Area Sqft, Property Frontage Property Avg, Depth Property Acres Zoning Overlay Zoning Special District TOPOGRAPHY Topography FLOOD ZONE INFORMATION SFHA Floodway Firm Panel Community FIPS STRUCTURE INFORMATION Year Built Number of stories Construction Exterior Size Sqft, Foundation Structure Lower Split Foyer Lower Finished Total Bedrooms Total Rooms ATTIC Attic BASEMENT Basement Area Sqft, Finished Sqft, ROOFS Roof Style Roof Cover HEATING/AIR Heating Type Central Air Fireplaces PLUMBING 2 Fixture 3 Fixture 4 Fixture 5 Fixture N/A N/A N/A N/A New Functionality New Functionality New Functionality 17 .811 28 Feet 200 Feet 0.4089 Click Here for Base Zoning Click Here for Overlay Zoning Rehabilitation District Level N/A N/A 51161C0166G 0130 51770 1955 1 N/A 3,127 N/A N/A N/A N/A N/A o None N/A N/A 1 N/A 3127 sf Y No N/A N/A N/A N/A GARAGES httn' //0'''' rr"u..,nlr.."" nn"/......tn""t,,;l A 11 ,....f.....I)~n__,...-"l1 flfH)"l "70/ '"'In 0__ __ 1"'____ L _ u_L_ 1 . Page 2 of3 City of Roanoke - GIS Attached Garage Detached Garage Attached Carport Basement Lower Level Garage PORCHES Enclosed Porch Open Porch Wood Deck N/A N/A N/A N/A 273 N/A N/A . httn' I 10;<> ..n(lt"lnlr~"(l on"l.......tT"\~t,,;l A 11 "f'.....').....n__,,-'ll l,\(\Cl'l '70/ "lCl 0____ T:'___1__ _ _ _1 . Page 3 of3 iHt) ~~",1t~. J~U~tt . J~hl . b1t~ "~l:- h,.~ .. ~ """ ~ R ~ ~ f\:j ~ .~~~ ~~~ ~ "- ~~~)Sl""'" S$ ~~ ~ ),.. ~,~t:I~~ ...... ~~::\ ? ~ill q, I'li ~~~&~ ' S' . l~~ ~CJ ~ ~ ltH . i-'" ~,'~t r t'\ ~ . (,"~ t ~ r "{lut fll'''''' ~ tt . it, ~t 'lU ~,l... ~ 1: , ~H~~~n~~~ ~~~~i~"'!) ~;}"'~~''\,~~~~",~ ~.J:rr~Jti~ll~~ ~ ~!m~t~~ "l ~ ~l~~.\~ :'~;ltF,~~~~ ill ~'t',~ !l-h! "" ""I-.. "1' ~~.~~ ~lr. ~~1lmi~~))~.l f1~i~U~~ ~ ~~~~~l!~~~~~ ~ I... ~~~:~,.~~~"I; ~~ \4, '.il "li ,,1 h!~t'i~'i ":t ~l~~. l,nt ~ t ~alf!!WI~~ ~ '\.. ~"\~"" :~ ~ ~ ~h. ~~~!\- ~ ~~ ~ ~~ ~.~ '<;~ ~ ':\ . '\. ~ ~ ~~~ ~e~. , It ~~ r k~ r ...t ~ ro ~ ~ LABOR FINDERS OF VIRGINIA, INC. APPLICANT'S WRITTEN NARRATIVE IN JUSTIFICATION OF ZONING AMENDMENT Adult Care Center of Roanoke Valley, Inc. Property 2707 Williamson Road, Roanoke, VA 24012 Official Tax No.: 3100937 In accordance with the provisions of Sections 15.2-2296 and 15.2-2297 of the Code of Virginia (1950), as amended and Sections 36.2-540 and 36,2-541 of the Roanoke City Zoning Ordinance, Labor Finders of Virginia, Inc, ("Labor Finders") submits this Application for Zoning Amendment for the property located at 2707 Williamson Road, Roanoke, Virginia (the "Property"), The narrative that follows will address issues related to the. proposed change in the current zoning designation of the Property, anticipated questions that may be raised by the Planning Commission and the City Council during rezoning hearings regarding the use of the Property, and issues related to the proposed use. Justification for the Change: Labor Finders is requesting rezoning of the above-referenced Property which is located between Porter's Auto, Inc, and PPG Auto Glass, LLC/Cordina Tractor and Equipment Co. on Williamson Road, to CG (Commercial General) for use of the Property as an employment and temporary labor service, Operation of an employment and temporary labor service is not a use permitted by right under the current MX (Mixed Use District) zoning designation. Under the City's Zoning Ordinance, in order for Labor Finders to operate an employment and temporary labor service on the subject parcel, the Property must be zoned CG (Commercial General) or 1-1 (Light Industrial). The Property is currently zoned MX (Mixed Use District) which allowed the current landowner, Adult Care Center of Roanoke Valley, Inc. (the "Center"), to operate an adult daycare facility on the subject parcel. The Property was rezoned to MX from C2 (Commercial) in 2005 in accordance with the Center's use of the Property at that time, The Center recently relocated to a new facility in Salem, Virginia and has listed the Property for sale, Labor Finders' owner and President, Stuart Dukeman, has entered into a Purchase Agreement to purchase the Property fro.m the Center, subject to the successful rezoning of the Property to a CG zoning designation. After the sale of the Property is closed, Labor Finders will lease the Property from the new owner and operate an employment and temporary labor service on the subject parcel. If the requested rezoning is approved, the proceeds of the sale will provide the Center capital it needs to continue providing adult daycare services to City residents. Moreover, Labor Finders will obtain a permanent base for its Roanoke area operations in a strategically optimal location on Williamson Road. Additionally, there is room for Labor Finders to grow within the building located on the subject parcel as it is currently configured. Operating out of the building on the Property, which is shown on the attached concept plan, Labor Finders will be better equipped to serve its industrial and 16911/1/3047000vl business clients in the City of Roanoke and the Roanoke Valley and provide additional work opportunities to its "associates," most of whom are residents of the Williamson Road area in the City of Roanoke. By purchasing the Property, Labor Finders hopes to promote the City's economic growth and development by meeting local businesses' temporary labor needs and by providing temporary jobs to City residents for years to come, During the public hearings before the Planning Commission and the City Council, we will show that a rezoning of the subject parcel from MX (Mixed Use District) to CG (Commercial General) would be consistent with the City's Comprehensive Plan and the Williamson Road Area Plan and the proposed use supports the policies and goals set forth in such plans, Intended Use of the Property: Labor Finders currently operates an employment and temporary labor staffing service out of a rented building located at 1609 Williamson Road. For over a decade, Labor Finders has served its established business and industrial clients in the City of Roanoke and the Roanoke Valley by providing a qualified labor force to meet their temporary labor needs, Between 50 and 70 associates arrive at Labor Finders' offices each day, between 5:30 a.m. and 7:00 a.m, Most of these associates live in the Williamson Road area and arrive at Labor Finders' offices on foot or by public transportation, Upon arrival, the associates check in and assemble in a reception area. There, they wait for Labor Finders' staff members to issue daily work assignments, Most associates receive their work assignment by 7:30 a.m. After daily work assignments are made, approximately 80% of the retained associates are transported to job sites by van, carpool or public transportation. Unretained associates wait in the reception area until 9:00 a.m, for Labor Finders staff members to make additional work assignments, At approximately 9:00 a,m, any remaining unretained associates are dismissed for the day, Most retained associates return to Labor Finders' offices at the end of the workday, typically between 3:30 p.m. and 5:30 p.m" to be paid for that day's work. Thus, between 9:00 a.m. to 3:00 p,m, there is very little activity at Labor Finders' offices other than interviewing new candidates for associate positions. Labor Finders does not plan to make structural changes to the exterior of the existing one-story building located on the Property. Moreover, because of the limited vehicular traffic to and from its offices, Labor Finders does not anticipate making any changes to the existing parking spaces located on the subject parcel or the driveway, which provides access to the Property from Williamson Road, However, because a majority of Labor Finders' associates access the Property on foot, Labor Finders proposes constructing a pedestrian path connecting the sidewalk in the public right of way to the building's primary entrance as shown on the attached concept plan. 2 1691111/3047000vl Effect of the Proposed Amendment on the Surrounding Neighborhood: The proposed use will not increase demand on public roads, services or facilities and will have no adverse impact on surrounding properties, Moreover, the proposed use will not alter the exterior of the building, is consistent with the surrounding uses, and will not have an increased demand on public parking or public transportation in the Williamson Road area. Although many of Labor Finders' associates will use public transportation to access the Property, the applicant anticipates that the rezoning of the Property will not substantially increase the demands on public transportation on Williamson Road. Labor Finders' associates access its current location using a bus stop in the 1600 block of Williamson Road. If the Property is rezoned, these associates will access the Property using a bus stop located across the street from the New Yorker Delicatessen in the 2700 block of Williamson Road, which is approximately 100 feet from the driveway at the entrance to the Property, The neighboring parcels are zoned CG (Commercial General), 1-1 (Light Industrial) or MX (Mixed Use District). Existing uses on the neighboring parcels include: (1) automobile retailers; (2) an automobile repair and retail business; (3) a U-Haul rental business; (4) an automobile parts retailer; (5) single family residences; (6) a furniture and electronics rental and retail business; and (7) a television repair and retail business. Accordingly, the proposed use of the subject parcel is consistent with the current zoning designations and existing uses of the neighboring parcels, No additional curb cuts, excessive signage, increased lighting, or removal of existing trees that serve as a buffer from Williamson Road and the adjacent parcels will be required for the proposed use. An existing sign located near the junction of the driveway and Williamson Road, which is 12.4 feet tall and 4 feet by 6 feet by 7 inches will be used by Labor Finders. Moreover, Labor Finders is committed to working diligently with the City to provide acceptable buffering between the subject parcel and the neighboring parcels in order to address neighboring landowners' anticipated concerns regarding noise, which the applicant expects will be minimal. Thus, in connection with the rezoning of the Property for the proposed use, Labor Finders proposes the following proffered conditions attached hereto, including: 1. Pedestrian access developed in accordance with Section 36.2-314( e) of the City's Zoning Ordinance shall be installed prior to issuance of a Certificate of Occupancy, 2. A Type A buffer yard shall be maintained along the rear property line. 3. The existing trees identified on the concept plan dated May 26, 2009 shall be maintained in accordance with Section 36.2-642(f) of the City's Zoning Ordinance. 4. Only the following uses shall be permitted on the subject property: a. Business service establishment b. Employment or temporary labor service c. Medical clinic 3 16911/1/3047000vl d, Office, general of professional e, Caterer, commercial f. Live-work unit, limited to the commercial uses listed herein g, Mixed-use building, limited to the commercial uses listed herein h. Studio/multimedia production facility 1. Bakery, confectio nary, or similar food production, Retail J. Contractor or tradesman shop, General or Special Trade k. Dry cleaning and laundry pick-up station 1. General service establishment m, Nursery or greenhouse, commercial n, Personal service establishment o. Pet grooming p. Retail sales, not otherwise listed q, Community center r. Health and fitness center s, Meeting hall 1. Artist studio u, Community garden v. Day care center, Adult w, Day care center, Child x, Educational facility, business school Jor non industrial trade y. Educational facilities, Elementary/middle/secondary z. Educational facilities, Industrial trade school aa. Educational facility, school for the arts bb, Government offices or other government facilities, not otherwise listed in this table cc, Museum dd. Broadcasting studio or station ee, Utility distribution or collection, basic ff, Wireless telecommunication facili~y, stealth gg, Meeting hall Availability of Other Similarly Zoned Properties in the General Area and in the City: Labor Finders has made an exhaustive search of other available commercial properties in the Williamson Road area and throughout the City and found none of the available commercial properties are as suited for its proposed use as the subject parcel. The Property under consideration is the best available commercial property in the Williamson Road area, and the City, to meet Labor Finders' expanding needs and service objectives. Two factors drove Labor Finders' search for a suitable property: (1) accessibility of the Property to its associates; and (2) suitability of the layout of the building located on the Property for its proposed use, Labor Finders initially identified the subject parcel because of the Property's proximity to its associates, most of whom are residents of the Williamson Road area and most of whom do not have their own means of transportation, 4 16911/l/3047000vl Thus, the Property's location on Williamson Road makes it accessible to Labor Finders' associates who travel to work each day by foot and by public transportation. Additionally, the layout of the building on the Property is uniquely suited for Labor Finders' proposed use. Although Labor Finders plans to make certain minor changes to the interior of the existing building located on the Property, including installing a counter for staff members to use while issuing daily work assignments, the current configuration of the building provides a necessary mix of office space and open space that Labor Finders requires for its proposed use. Moreover, the building located on the Property also allows for growth as currently configured and no changes to the exterior of the building are necessary to prepare it for Labor Finders' proposed use. In its search, Labor Finders found that the other available commercial properties in the Williamson Road area, and the City, were not as suitable for its proposed use because altering such properties to its specifications would be cost prohibitive, Relationship of the Proposed Amendment to the City's Comprehensive Plan and the Williamson Road Area Plan: The proposed use is consistent with the goal of the City's Comprehensive Plan to identify underutilized commercial properties and promote revitalization, (Comp, Plan, 61). Although the subject parcel is currently zoned MX (Mixed Use District), this parcel was rezoned from C2 (Commercial) in 2005 based on the existing use of the premises by the current owner, Adult Care Center of Roanoke Valley, Inc., at that time, By rezoning the premises to CG (Commercial General), the City will: (a) encourage an efficient and economically beneficial use of the Property; . (b) prevent the Property from sitting vacant and unutilized for a prolonged period of time; (c) encourage revitalization of an existing Property in the Williamson Road area; (d) establish a permanent home in the Williamson Road area for an established business citizen that has served the needs of businesses throughout the City and the Roanoke Valley and provided job opportunities for residents of the Williamson Road area for over a decade; (e) provide Labor Finders space to grow and better serve businesses and workers in the City; and (f) provide capital that the Adult Care Center of Roanoke Valley, Inc, needs to continue to serve City residents and residents of the Roanoke Valley. The types of businesses served by Labor Finders include established businesses and . industries and those identified in the City's Comprehensive Plan as businesses which the City seeks to attract and retain, Taking into account market demand, parcel size, location, building configuration and accessibility, the proposed use of the Property is an optimal use of this presently unutilized parcel, in furtherance of the City's Comprehensive Plan and the Williamson Road Area Plan. 5 16911l1/3047000vl With regard to the requirements of the Williamson Road Area Plan, Labor Finders recognizes that the City has identified a goal of restricting the supply of commercial zoning in order to improve the quality of commercial development by encouraging developers to invest more in a given amount of land. (Williamson Rd. Area Plan, 13). Labor Finders also recognizes that the Williamson Road Area Plan discourages future expansion of general commercial zoning, except where it reinforces identified nodes or strategic initiatives. (Williamson Rd. Area Plan, 44), Although limiting the supply of commercial zoning along Williamson Road may encourage developers to efficiently use Roanoke's scarce land resources, under the circumstances, restricting the use of the Property, which is ideally suited for Labor Finders' proposed use, will have the unintended adverse consequence of harming the City's economy, Rezoning the building at issue will provide Labor Finders, a current tenant in the Williamson Road area, a permanent location with room to grow in the building as currently configured in order to better serve its clients and associates. Facilitating the purchase of the subject parcel by Labor Finders will encourage the applicant to efficiently use the Property and to invest in the Property over the long term in order to maximize the return on its investment. Moreover, the requested rezoning will encourage Labor Finders to expand its business in order to better meet the needs of businesses and workers in the City of Roanoke, In view of the purposes, policies and goals established in the Comprehensive Plan and the Williamson Road Area Plan regarding appropriate land use, and considering that certain adjoining parcels are zoned CG, I-I and MX, rezoning the Property from MX to CG would be consistent with the Comprehensive Plan's goals of revitalizing underutilized commercial properties, and would further such purposes, policies and goals by supporting the economy in the City of Roanoke. For the foregoing reasons, we believe that this Application not only satisfies all of the requirements of the City's applicable zoning ordinance, but also is consistent with the intent and substance of the City's Comprehensive Plan and the Williamson Road Area Plan. We therefore ask that you evaluate the application in this light, that the Planning Commission recommend approval to the Roanoke City Council, and that the Roanoke City Council grant this Application for Zoning Amendment to change the zoning of the Property to CG (Commercial General), which will permit Labor Finders to better serve the businesses in the City of Roanoke by providing a qualified labor force and provide workers in the City of Roanoke additional job opportunities. 6 16911/1/3047000vl COMMONWEALTH OF VIRGINIA CITY OF ROANOKE BEFORE THE PLANNING COMMISSION AND CITY COUNCIL IN RE: REZONING APPLICATION OF LABOR FINDERS OF VIRGINIA, INC. TO THE HONORABLE CHAIRS AND MEMBERS OF THE PLANNING COMMISSION AND CITY COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA LABOR FINDERS OF VIRGINIA, INC. ("Labor Finders"), pursuant to Sections 15.2- 2296 and 15.2-2297 of the Code of Virginia (1950), as amended, and Section 36.2-541 of the Roanoke City Zoning Ordinance, hereby agrees to proffer the following conditions as they apply to Official Tax No, 3100937: 1. Pedestrian access developed in accordance with Section 36.2-314(e) of the City's Zoning Ordinance shall be installed prior to issuance of a Certificate of Occupancy, 2. A Type A buffer yard shall be maintained along the rear property line, 3. The existing trees identified on the concept plan dated May 26, 2009 shall be maintained in accordance with Section 36.2-642(f) of the City's Zoning Ordinance. 4, Only the following uses shall be permitted on the subject property: a. Business service establishment b. Employment or temporary labor service c. Medical clinic d. Office, general of professional e. Caterer, commercial f. Live-work unit, limited to the commercial uses listed herein g, Mixed-use building, limited to the commercial uses listed herein h, Studio/multimedia production facility 1. Bakery, confectionary, or similar food production, Retail J. Contractor or tradesman shop, General or Special Trade k. Dry cleaning and laundry pick-up station 1. General service establishment m. Nursery or greenhouse, commercial n, Personal service establishment o. Pet grooming p, Retail sales, not otherwise listed q. Community center r. Health and fitness center s, Meeting hall 1 16911/1/3047040vl ,. t: Artist studio u. Community garden v.Day care center, Adult w. Day care center, Child x. Educational facility, business school for non industrial trade y. Educational facilities, Elementary/middle/secondary z. Educational facilities, Industrial trade school aa. Educational facility, school for the arts bb. Government offices or other government facilities, not otherwise listed in this table cc. Museum dd. Broadcasting studio or station ee. Utility distribution or collection, basic fT. Wireless telecommunication facility, stealth gg. Meeting hall This ProfTer of Conditions is signed and agreed to by the applicant: .~~ERS OF VIRGINIA, INC. By: Stuart Dukeman Its President 2 16911/113047040v I " LEGEND THIS IS TO CERTIFY THAT AN ACTUAl. FIELO SURVEY OF THE PREMISES SHOWN HEREON HAS BEEN PERFORMED UNDER IotY SUPERVISION; THAT ALL IMPROVEMENTS AND VISIBLE EVIDENCE OF EASEMENTS ARE SHOWN HEREON. AND THAT THERE ARE NO ENCROACHMENTS BY IMPROVEMENTS EITHER FROM ADJOINING PREMISES OR FROM SUBJECT PREMISES OTHER THAN SHOWN HEREON, THIS SURVEY WAS PERFORMED WITHOUT THE BENERT OF A TITlE REPORT AND IS SUBJECT TO INFORIotATION WHICH IotAY BE DISCLOSED BY SUCH, PROPERlY IS IN F.E.M.A. DERNED ZONE "X. UNSHAOED, N/F N/F JOSEPH BARTNICK TINA NUNLEY I I INSTRUMENT #040009421 INSTRUMENT #050011712 T.M, #3100931 T.M, #3100905 I . ZONED MX CHAIN LINK ZONED MX ~DJ. BLD~ FENCE 2,2' PIPE ~~~~~ S3rT9'OO"E 100,00'- FND x x x x ~ ~ x WOOD :ALL x --r ... >.;: WOOD PRIVACyJ '" FENCE ~ . o IRON PIN SET . IRON PIN FOUND o DEEDED CONER (NOT SET) ill FLOOO LIGHT P UTILITY POLE . BOLLARD o LIGHT POLE fi1I GAS METER @;l HVAC ~ FIRE SUPPRESSION VALVE o SANITARY MANHOLE ... SIAMESE CONNECTION ~ HANDICAP PARKING OjH OVERHANG N/F PSH ASSOCIATES, LLC. INSTRUMENT #040021229 c::. T.M #310091 I ~ I ZONED CG '" 10' S.s.E ~ ~-:S'2~' PC: 396- - L3 0,8. ~~44 (RKE. CO.) ------- 0>.<- " O/'..o "9'%~ ~:.p-f:: . "9')-<':1> ........ <#- . ......9S'0rt- :..>-> S'G< :.ph 00<")- ~..o "'0 'i'rt- '1> ;J...<:+ V~ +O--V SERVICE 59.7' ..., WOOD PRIVACY FENCE c. '" fS ~... ~U~~~ '-J-.....J~C)........ k~""'~:::J.. ~~c.:l>-.~c::. ~~~ ~ iJjCl::~~c::. ::5>-:'" ~ ~ \;) ~ (.j Cl Q5 ~ '" PHYSICAL IMPROVEMENT SURVEY AND EXHIBIT FOR LABOR ANDERS OF VIRGINIA, INC. 2707 WILLIAMSON ROAD, N,E, "NEW LOT 6F" AS SHOWN ON SURVEY PREPARED BY T,P. PARKER & SON DATED MAY 11, 1977 CITY OF ROANOKE, VIRGINIA SURVEYED MAY 21, 2009 JOB #R910140,OO SCALE: 1" = 20' LINE TABLE LINE BEARING LENGTH Lf N82'S4'20"E 30,9S' L2 N07'OS'40"W 10.6S' L3 S.J7'19'OO"E 13,34' L4 N37'2S'OO"W 28,00' SETBACK LINE ORDINANCE #982~' DATED 2-2tJ-49 -- ..; <0 l<J ,g v., ..... ~Cl '<J~ !-(''''8D' ~(.j~~ k~Q..::: J.. ~::5"i'!')c::. o<;,~<o,~ (.j~~~ l,.., ,>-.: '" iJ)Cl:l t;]c.:l .., ASPHALT ~ fB%~ WILLIAMSON ROAD, 60' R/W INC, SIGN HEIGHT (AGL) 12.4' 279':t TO PI. UBERTY ROAD, NE ~ 2JO-6529 APeo GAS VAL VE CONC. @ CORNER WALK NOTES: 1. OWNERS OF RECORD: ADULT CARE CENTER OF ROANOKE VALLEY, 2, LEGAL REFERENCE: DEED BOOK 155.3, PAGE 1450 3. TAX MAP NUMBER: 3100937 4, PROPERTY IS CURRENTLY ZONED MX, 5, MAIN BUILDING HEIGHT IS 16' (AGL) TO TOP OF PARAPET WALL AND 15' (AGL) TO TOP OF ROOF. 6. PROPERTY MAY CONTAIN UNDERGROUND UTILITY SERVICE LINES, TEL: 540-772-9580 FAX: 540-772-8050 PLANNERS ARCHITECTS ENGINEERS SURVEYORS Bolzer & Associates. Inc. 1208 Corporote Circle Roanoke Va, 24018 ( IN FEET ) 1 Inch - 20 fL N.E. DRN: SCB CHK: BJC REVISED 5-26-09 WALKWAY LOC, BALZER - "E1I"'LltCTINQ TOMO....OW .......... '!IlGiNlIIlS . ",.,m[C;TS 'SlJlM'tORS ADJOINING PROPERTIES LIST Tax Map No, 3100903 Jessie G, Cundiff, et a1 Williamson Road, N,E,. 400-Commercial/lndustrial 1-1 (c)- Light Industrial Retail Auto Sales Tax Map No, 3100901 One Sixteen Liberty Road LLC 116 Liberty Road, N,E. 400~Commercial/lndustrial 1-1 ( c)- Light Industrial Glass Repair/Tractor Repair and Sales Tax Map No. 3100905 Tina Nunley 2704 Edison Street, N,E. 200~Single Family MX-Mixed Use Tax Map No, 3100931 Joseph Bartnick 2710<Edison Street, N,E, 200-Single Family MX-Mixed Use Tax Map No, 3100907 Steinmetz Living Trust 2714 Edison Street, N.E, 200-Single Family RM2-Residential Mixed Density Tax Map No, 3100911 P S H Associates LLC 2729 Williamson Road, N.E, 400-Commercial Industrial CG-General Commercial Furniture/Electronics Rental 16911/1/3023610vl Tax Map No. 3100906 Brooks F, & Florence M. Davidson 2715 Williamson Road, N.E. 400-Commercial/lndustrial CG-General Commercial . Auto Sales and repair Tax Map No, 2071305 U-Haul Real Estate Company 2618 Williamson Road, N.W, 400-Commercial/lndustrial CG-General Commercial Short Term Equip. Rental Tax Map No, 2071306 Gary A. & Katherine L Daniel 2704 Williamson Road, N.W, 400-Commercial/lndustrial CG-General Commercial Retail Auto Sales TaxMap No, 2071310 Larry K. & Elizabeth W, Pennington 2712 Williamson Road, N,W, 400-Commercial/lndustrial CG-General Commercial RetaillWholesale Auto Sales Tax Map No, 2071311 Johnny Wayne Combs c/o Atomic Television Co, of Va, 2718 Williamson Road, N,W. 400-Commercial/lndustrial CG-General Commercial Television Sales - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + ------ --- I . I i NOTICE OF PUBLIC. Ii. HEARING, I : The Council of the City of: IRoanoke will hold a public, I hearing on. Monday, July 20,_ 2009, at 7:00 p.m" or as I soon thereafter as thel'. matter may be heard, in the I Council Chamber, fourth, floor, .in the Noel C, Taylor! I Municipal Building, 215: . iChurch Avenue, S.W.,I. I Roanoke, Virginia, tol \consider the following: . : I ( Request from labor Finders 'f I ".Of Virginia, lIic., to rezone property located at 2707 I' Williamson Road, N.E., bearing Official Tax No, . I' 3100.937, from MX, Mixed I Use District, to CG" I Commercial General District, with the following proffers: I (1) pedestrian access developed in accordance I with Sec. 36.2-314(e) of the City's Zoning Ordinance shall I I be installed prior to issuance, of a Certificate ofl' I Occupancy; (2) a Typ~ A I buffer yard shall bel I maintained along the .rear I I ' property line; (3) the existing , trees identified on thell II concept plan revised 15/26/09 shall bel I maintained in accordance with Sec, 36.2-642(f) of the 1/. City's Zoning Ordinance; and . (4) only the following uses) I shall be permitted: business se rviceesta b'l is hm e n t; I employment or temporary I! labor service; medical clinic; : office, general or Ii professional; caterer, ~ commercial; live-work unit,; Ii limited to the commercial. i uses listed herein; mixed use I' building, limited to the ! commercial uses listed II' herein; studio/multimedia .production facility; bakery, confectionery, or similar food: II production, retail; contractor or tradesman shop, genera'! It or spe. cia I trade; dry cleaning I i and laundry pick-up station; I! g'e n era I s e r v i.c e I establishment; nurseryor 1\ greenhouse, commer~ial; . person a I service II establishment; pet I grooming; retail sales, not Ii otherwise listed; community I center; not abutting a I 'I residential district; health' and fitness center; meeting I hall; artist studio; community t garden; day care center, I adult; day care center, child; I educational facility, business school for non-industrial I trade, elementary/ . middle/secondary, industrial I ~de school, schoolfor the, .~ The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke. Times MAXWELL H, WIEGARD, ESQUIRE 10 FRANKLIN ROAD, E., S SUITE ROANOKE VA 24011 800 REFERENCE: 80169209 11498075 of Finders NPH-Labor State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this __~~ay of 2009. Witness my hand and official seal Notary Public PUBLISHED 07/04 \\\\\111"", \\ . DV A'l, ".......~ . / ~ 'I " d.r ....,'. ~ ,~ "'" <Q'{,~ .' N '. r;,_" ,:-" .... OrARy......,-=:. ::...L : '" PUBLIC '. ~ ~ .. ~ . 'lcG . ~ - = : . #70909 : = = C'): MYCOMM1 30: * = ~ ~:. f!!fjf;' SSION:' ~ -=~. . .. " .. ..... - '/'l " /..- ~ .. - '01, . , _","" ......' "It" '.."..... ($..... ...... 'l:4LTH Ot: \j\~ \\' "1 r \\' """111\' ON: 07/11 TOTAL FILED COST: ON: 730.08 07/11/09 arts; govern';'~orl other government filCilities, not otherwise listed in this table; museum; broadcasting studio or station; utility distribution or collection basic; wi'reJess telecommunication facility, steaith; and meeting hall, for the purpose 'of opening an employment and temporary I labor service.. - A copy of the application is i available for review in, the ' Office of the City Clerk, I Room 456, Noel C. Taylor , Municipal Buildln.g, 215 . IIChurch 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 1 this hearing, please contact I the CIty Clerk's Office,at 853,2541, before noon on I the Thursday before the date . I of the hearing listed above. GIVEN under my hand this . 1st day of July, 2009, I. Stephanie M. Moon, CMC , City Clerk, (1149B075) .-------- ---'--..,.. ~-/' - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + - - - - "':':"~ ~ ..3\-:' iT" - - - - - - - - - - - - - - Billing Services Representative A~ ~r,D~q "a~ NOTICE OF PUBLIC HEARING The Council ofthe City of Roanoke will hold a public hearing on Monday, July 20,2009, at 7:00 p.m., or as soon thereafter as the matter maybe heard, in the Council Chamber, fourth floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S,W., Roanoke, Virginia, to consider the following: Request from Labor Finders of Virginia, Inc., to rezone property located at 2707 Williamson Road, N.E., bearing Official Tax No, 3100937, from MX, Mixed Use District, to CG, Commercial General District, with the following proffers: (1) pedestrian access developed in accordance with Sec. 36.2-314(e) of the City's Zoning Ordinance shall be installed prior to issuance of a Certificate of Occupancy; (2) a Type A buffer yard shall be maintained along the rear property line; (3) the existing trees identified on the concept plan revised 5/26/09 shall be maintained in accordance with Sec, 36.2-642(f) of the City's Zoning Ordinance; and (4) only the following uses shall be pennitted: business service establishment; employment or temporary labor service; medical clinic; office, general or professional; caterer, commercial; live-work unit, limited to the commercial uses listed herein; mixed use building, limited to the commercial uses listed herein; studio/multimedia production facility; bakery, confectionery, or similar food production, retail; contractor or tradesman shop, general or special trade; dry cleaning and laundry pick-up station; general service establishment; nursery or greenhouse, commercial; personal service establishment; pet grooming; retail sales, not otherwise listed; community center; not abutting a residential district; health and fitness center; meeting hall; artist studio; community garden; day care center, adult; day care center, child; educational facility, business school for non-industrial trade, elementary/ middle/secondary, industrial trade school, school for the arts; government offices or other government facilities, not otherwise listed in this table; museum; broadcasting studio or station; utility distribution or collection, basic; wireless telecommunication facility, stealth; and meeting hall, for the purpose of opening an employment and temporary labor service. 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. Labor Finders of Virginia-rezone.doc 1 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 ~ day of July ,2009. Stephanie M. Moon, CMC City Clerk. . . Labor Finders of Virginia-rezone.doc 2 Notice to Publisher: Publish in the Roanoke Times on Saturday, July 4, 2009 and Saturday, July 11, 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: Maxwell H. Wiegard, Esquire 10 Franklin Road, S. E., Suite 800 Roanoke, Virginia 24011 (540) 983-9350 Max wieqard @qentrvlocke.com NPH-Labor Finders of Virginia Rezone.doc 3 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva,gov STEPHANIE M, MOON, CMC City Clerk CECELIA T, WEBB Assistant Deputy City Clerk July 7,2009 Maxwell H, Wiegard, Esquire 10 Franklin Road, S, E., Suite 800 Roanoke, Virginia 24011 Dear Mr. Wiegard: 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, July 20, 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 Labor Finders of Virginia, Inc., to rezone property located at 2707 Williamson Road, N. E., from MX, Mixed Use District, to CG, Commercial General District, subject to certain proffered conditions, For your information, I am enclosing copy of a notice of public hearing, Please review the document and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 540-853-2431. It will be necessary for you, or your representative, to be present at the July 20th public hearing. Failure to appear could result ina deferral of the matter until a later date. Sincerely, ~ 1Y}.1YJ(j1M) Stephanie M. Moon, CMC City Clerk SMM:ctw Enclosure CITY OF ROANOKE OFFICE OF THE CITY CLERJ}: 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva,gov CECELlA T, WEBB Assistant Deputy City Clerk STEPHANIE M, MOON, CMC City Clerk July 7,2009 Mr. Jessie G, Cundiff One Sixteen Liberty Road Ms, Tina Nunley Mr. Joseph Bartnick PSH Associates, LLC Mr, and Mrs. Brooks Davidson U-Haul Real Estate Company Mr. and Mrs. Gary Daniel Mr. David Anderson, President, WRAF Ms, Wendy Jones, Executive Director, WRABA 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, July 20, 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 Labor Finders of Virginia, Inc" to rezone property located at 2707 Williamson Road, N. E., from MX, Mixed Use District, to CG, Commercial General District, subject to certain proffered conditions. This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning, Building and Development at 540-853-1730. If you would like to receive a copy of the report of the City Planning Commission, please call the City Clerk's Office at 540-853-2541. Sincerely, ~ /YJ.1Y;DlIYv Stephanie M. Moon, CMC City Clerk SMM:ctw AFFIDAVIT PERTAINING TO REZONING REQUEST OF: Labor Finders of Virginia, Inc., 2707 Williamson Road)AFFIDAVIT Tax No. 3100937, from MX to CG, with conditions ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge, Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 1 st day of June, 2009, notices of a public hearing to be held on the 18th day of June, 2009, on the request captioned above to the owner or agent of the parcels as set out below: Tax No, Name Mailina Address 3100903 Jessie G, Cundiff, et als 2605 Williamson Road Roanoke, VA 24012 3100901 One Sixteen Liberty Road, LLC 4502 Starkey Road, SW, Ste, 4 Roanoke, VA 24018 3100905 Tina Nunley 2704 Edison Street, NE Roanoke, VA 24012 3100931 Joseph Bartnick 2710 Edison Avenue, NE Roanoke, VA 24012 3100911 PSH Associates, LLC POBox 12068 Roanoke, VA 24022 3100906, Brooks and Florence Davidson 5523 Darby Road, NW Roanoke, VA 24012 2071305 U-Haul Real Estate Company 2721 N, Central Avenue Phoenix, AZ 85004 2071306 Gary and Katherine Daniel 8248 Olde Tavern Road Roanoke, VA 24019 Also Mailed to: David Anderson, President, WRAF Wendy Jones, Exec, Director, WRABA Yhll~ ~ c#i~ Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virgini this 1st day of June, 2009, 12 CANDACE R. MARTIN NOTARY PUBUC Commonwealth of Virginia Reg, #28207 My Commission Expires My Commission Expires: IJ J 3{) 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 CECELIA T, WEBB Assistant Deputy City Clerk July 24, 2009 Melvin L. Hill, Attorney 315 Campbell Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Hill: I am enclosing copy of Ordinance No. 38552-072009 rezoning Official Tax Nos. 2751107, 2751108 and 2751109 located on Panorama Avenue, N. W., from RM-l, Residential Mixed Density District, to ROS, Recreation and Open Space District, for uses permitted in the ROS, Recreation and Open Space District, subject to a certain condition proffered by the petitioner, as set forth in the Zoning Amended ApplicationNo. 2 dated June 4, 2009. The, abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 20, 2009, and is in full force and effect upon its passage. Sincerely, J.,,~ M. ~ Stephanie M. Moon, CMC City Clerk Enclosure Melvin l. Hill July 24, 2009 Page 2 " pc: CharlesGreenway, 2626 Jeters Chapel Road, Vinton, Virginia 24179 St. Andrew Cemetery, P. O. Box 6616, Roanoke, Virginia 24017 Slakman Investments, LLC, 8711 Martins Creek Road, S. W., Roanoke, Virginia 24018 Patrick and Cristina Koethe, 11 Devenshire Court, Sterling, Virginia 20165 Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Martha P. Franklin, Secretary, City Planning Commission Susan S. Lower, Director of Real Estate Valuation Philip C. Schirmer, City Engineer G~ \.e; '\ ' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th7day of July,2009. No. 38552-072009. AN ORDINANCE to amend 9 36.2-100, 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 certain property within the City, subject to a certain condition proffered by the petitioner; and dispensing with the second reading of this ordinance by title, WHEREAS, C. C. Williams Memorial Park, Inc,. has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the property located on Panorama Avenue, N.W" bearing Official Tax Nos. 2751107 through 2751109, from RM-1, Residential Mixed Density District, to ROS, Recreation and Open Space District, for uses permitted in the ROS, Recreation and Open Space District, subject to a certain condition; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by 936.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on July 20, 2009, after due and timely notice thereof as r~quired by 936.2-540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and . O-CC Williams Memorial Park-rezone.doc 1 WHEREAS, this 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: 1, Section 36.2-100, 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 Official Tax Nos. 2751107, 2751108 and 2751109, located on Panorama Avenue, N.W., be and are hereby rezoned from RM-1, Residential ~ Mixed Density District, to ROS, Recreation and Open Space District, for uses permitted in the ROS, Recreation and Open Space District, subject to a certain condition proffered by the petitioner, as set forth in the Zoning Amended Application No.2, dated June 4, 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: ~h" h-JO\Jy.J City Clerk. "- O-CC Williams Memorial Park-rezone,doc 2 CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S,W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning@roanokeva.gov July 20, 2009 Architectural Review Board Board of Zoning Appeals Planning Commission 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 C C Williams Memorial Park to rezone property located on Panorama Avenue, N.W., bearing Official Tax No. 2751107 through 2751109, from RM-1, Residential Mixed Density District, to ROS, Recreation and Open Space District, with proffered condition. Planning Commission Public Hearing and Recommendation Planning Commission public hearings were held on May 21 and June 18, 2009, The May 21st public hearing was continued in order to give the applicant an opportunity to file an amended application in response to a citizen concern. Citizen comment and Planning Commission discussion are set out on pages 3 and 4 of this report. By a vote of 4-1 (Ms. Katz absent and Mr. Williams voting no) the Commission approved the requested rezoning, finding the application to rezone the subject property from RM-1 District to ROS District to be appropriate considering the site's proximity to other similarly zoned and used properties. Furthermore, the limited nature of the ROS District is well-suited as an adjoiner to residential development. Respectfully submitted, j{),~ ~~ D. Kent Chrisman, Chairman 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 2 July 20, 2009 Application Information' Request: Rezoning Owner: CC Williams Memorial Park, lnc, (CJ Lynch) Representative: Melvin L Hill City Staff Person: Maribeth B. Mills, City Planner II Site Address/Location: Panorama Avenue NW Official Tax Nos.: 2751107,2751108,2751109 Site Area: 3.05 acres , Existing Zoning: RM-1, Residential Mixed Density i Proposed Zoning: ROS, Recreation and Open Space Existing Land Use: Vacant Proposed Land Use: Cemetery Neighborhood Plan: Peters Creek South Neighborhood Plan Specified Future Land Use: Two-Family Filing Date: Original Application: March 5, 2008; Amended I Application NO.1: April 16, 2009; Amended Application NO.2: June 4, 2009 Background The applicant requests a rezoning from RM-1, Residential Mixed Density District, to ROS, Recreation and Open Space District, to allow the expansion of CC Williams Memorial Park, a 23 acre cemetery off Westside Boulevard, N.W. The subject property is currently vacant, however, much of the site has already been graded and a chain link fence has been installed along Panorama Avenue, N.W. The applicant is proposing 140 burial plots accessed by an 18 foot loop driveway which will connect into the existing driveway system on the applicant's adjoining property. Conditions Proffered by the Applicant The applicant hereby agrees to proffer the following condition as it applies to Official Tax Nos. 2751107, 2751108, 2751109: 1, A fence shall be installed along the western property line of Official Tax No. 2751107 in accordance with Section 36.2-410 of the Zoning Ordinance. Considerations Surroundinq Zoninq and Land Use: I Zoning District I Land Use Members of City Council Page 3 July 20, 2009 North ROS, Recreation and Open Space Cemetery (CC Williams Memorial District Park), South RM-1 and RM-2, Residential Mixed Two-family and multifamily Density District dwellings, East ROS, Recreation and Open Space Cemetery (St. Andrews). District West RM-1, Residential Mixed Density Vacant. District Compliance with the Zoninq Ordinance: Cemeteries are permitted only in the ROS District. The applicant has not . proffered a concept plan or permitted uses, however, the ROS District is limited with 14 by-right uses, 1 special exception use, and a maximum impervious surface ratio of 15 percent. Permitted uses include gardens, community meeting facilities, outdoor recreation facilities, playgrounds, golf courses, zoos, commercial stables, and wildlife rescue shelters. No buffer yards are required; however, a 20-year tree canopy will be required for approval during comprehensive development review to establish the use. Parking standards are not applicable for cemeteries and the proposed driveway meets the minimum two-way width requirement. If a sign is installed along Panorama Avenue, it will be limited to 32 square feet and 6 feet in height. Conformity with the Comprehensive Plan and Neiqhborhood Plan: Nearly 30 percent of the South Washington Heights neighborhood consists of three cemeteries: CC Williams Memorial Park, Fair View Cemetery, and St. Andrews Diocesan Cemetery. The subject properties would not only tie into the existing CC Williams Memorial Park but St. Andrews Diocesan Cemetery as well. The Peters Creek South Area Plan recommends large vacant parcels be reserved for market-rate single-family housing to balance the concentration of multifamily complexes, two-family dwellings, and small single~family dwellings - most of which are rental properties. While the ideal use for the subject property is residential development, a cemetery is compatible with surrounding residential land uses and ties into existing cemetery uses. City Department Comments: A comprehensive development plan (CP080029) for grading the site is currently under review by the City. Grading was started without a permit but the owner is working towards compliance. The only outstanding item on the review is posting the bond. Planninq Commission Public Hearinqs: At the first Planning Commission public hearing on May 21, 2009, Mr. Charles Greenway (2626 Jeters Chapel Road, Vinton) appeared before the Commission Members of City Council Page 4 July 20, 2009 to oppose the rezoning stating that he had to continually pick-up flower and trash from the existing cemetery on his three adjoining properties. Mrs. Penn asked if the applicant would consider a buffer between the properties. Mr. Hill asked to continue the matter until the Commission's June 18th public hearing to obtain consent from his client for the fence. A continuance was granted and the applicant submitted an amended application proffering a fence along the western property line of Official Tax No. 2751107. At the second Planning Commission public hearing on June 18, 2009, Mr. Charles Greenway (2626 Jeters Chapel Road, Vinton) appeared once again before the Commission and stated he was stili' opposed to the rezoning because it would lower his property value. Department of Planning, Building and Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.w, Roanoke, Virginia 24011 Ilj)!;\I!j~b~H9g,!e~~~jjI8j~ftQJ"~~)~1 Phone: (540) 853-1730 Fax: (540) 853-1230 Date: IJune 4, 2009 Submittal Number: IAmended Application No; 2 Q Rezoning, Not Otherwise Listed I&l Rezoning, Conditional o Rezoning to Planned Unit Development o Establishment of Comprehensive Sign Overlay District ....'.: :'~"'.'~..'<Y..w..: ":~i""{::':<~':;Y";':"_"'.... "'"''''.. ~"""". ...'... '~'~:'>>:f<'}-""'~':l"''''';':::'F-".$V>;:?:''::C::''''':-;~f-'''-''''W4''>.,,_"'.".....'...........::....'........'...%..'............!....'...... '.eropeiftyzlnformatlon:li!JiJil "=,;'''':'''~;,',',..;...;-;'''',;;:,,~,,;:'>Y,'''~,,=:''':,,''";,>,''''"":::',::,:,,,:~:,.::::::,',,:,',';'::;:::;':""5>z.:':_'::;:,~:;,,,:.w",,:,,;;,,,,h;%21^ o Amendment of Proffered Conditions o Amendment of Planned Unit Development Plan o Amendment of Comprehensive Sign Overlay District Address: Panorama Avenue NW Lots 7, 8, 9,Blk 9 Pan HTS Official Tax No(s),: 12751107,2751108,2751109 Existin,g Base Zoning: , IRm-1' Res. Mixed Density (If multiple zones, please manually enter all districts,) Ordinance No(s), for Existing Conditions (If applicable): I Requested Zoning: . Ros, Recreation and open space Proposed Land Use: Icemetary I 0 With Conditions o Without Conditions Name: lee Williams Memorial Park; Inc. I Phone Number: I 540362305 I I Address: E-Mail: Imhilllaw@aol.com Name: IMelvin L. Hill , Phone Number: I +1 (540) 342-1851 I I E-Mail: !mhilllaw@aol.com Name: 'Melvin L. Hill I Phone Number: I + 1 (540) 342-1851 I I Address: E-Mail: Imhilllaw@aol.com The petitioner, CC Williams Memorial Park, Inc. owns and operates a cemetery adjacent to the proposed zoning. The property sought to be revised is presently zoned RM-l. The property has not been developed as an RM-l property. The pr,operty is now undeveloped, The petitioner is seeking to rezone the property to be used as a cemetery. The rezoning is necessary so that a useful of property, The .....e!gppsed rez.oni~ usedjl(J~ virtually no effect on~ traffic. The proposal calls for the use of the property -<a'_~_~ _~ _~ ._- - - as a cemetery, Consequently the intended use of the property will have no effect on the neighborhood. The proposal rezoning property adjacent to an existing cemetery, therefore it would be impractical to consider the availability of similarly zoned properties in the city, The proposed rezoning does not conflict with the neighborhood plan or the city's comprehensive plan. The proposed use of the property. would be the best use of the property because the property has not been developed. Proffered Conditions The applicant hereby agrees to proffer the following condition as it applies to Official Tax Nos. 2751107,2751108, and 2751109: 1, A fence shall be installed along the western property line of OffiCial Tax No. 2751107 in accordance with Section 36,2-410 of the Zoning Ordinance, /CJ I C~~~,II ~ - -~, - - ___ _ ~ ---..o.o.,.",.../n~ _ LJ_ y .. .<</~/' {, ~. -~! ~ ! "- '! , P: } /.:'//'I 14-" - -,//! 1- _! I · "G n , U---------./i//I ,I! / . ~ -7 - Grv-G- _"I' / ;' ~".,y~) ~~'IIJ ^''''r'>~~L-- " , Iii L "" '. '.. .... =-=-} ) '. I. --..~,-_L . ".,' 'I IV'i:}l'i: O'i:/a 9GI'i:?; GG/6L/IBl <Gl/vL/{ll!Ol.L 9 'i: 17, ~68/1~ ~.:::r" ""'" '"'' ".." " ", ., riil"''''mi~16 OZ," "" "'''/''/''/''/oz" " "/"/6/8/9 'I', ~ ':::ci.,";: /$,"',61) "I "I 06/" i', ~~;,;;~_. ~::;, / L'i:LJJGt./'i: .q 96! 6..9 U.I.' S ~ 11.....,. 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Williams Memorial Park Rezoning Concept Plan ,~ GAY AND NEEL, INC, ~_ CIVIL ENGINEERING r LAND PLA.NN1NG SURVEYIN{i 328 Mountain Avenue S.W, Roanoke, Virginia 24016 PI'l'n~ City of Roanoke, Virginia ]-45 -;-,:,6(' t P ,1 1_i AFFIDAVIT PERTAINING TO REZONING REQUEST OF: C,C, Williams Memorial Park, Panorama Avenue, N.W.) AFFIDAVIT Tax Nos, 2751107-2771109, from RM-1 to ROS ) COMMONWEALTH OF VIRGINIA TO-WIT: CITY OF ROANOKE The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanok~ 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 1st day of June, 2009, notices of a public hearing to be held on the 18th day of June, 2009, on the request captioned above to the owner or agent of the parcels as set out below: Tax No. Name Mailina Address 2751106 Charles Greenway 2626 Jeters Chapel Road Vinton, VA 24179 2751005 Applicant 2650101 St. Andrew's Cemetery POBox 6616 Roanoke, VA 24017 2740302 Slakman Investments, LLC 8711 Martins Creek Road Roanoke, VA 24018 2740316 2740317 2740318 Patrick and Cristina Koethe 11 Devenshire Court Sterling, VA 20165 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 1st day of Junel, 2009, Notary Public My Commission Expires: The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke ~imes - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - -- 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 \\\\\1111'", I ,,\\ ~Oy A ""/ " d.\>-' ....... ~ 1_".. I ..' <Q'~..' N ". 'A_" I ~ .' OTAFiY" -'? ~ 2,* /0 PUBLIC ....-;.~ I - . ~L:G ;',6~ . - I = : MYC' 090930: = ~~\ I~~S~ON./ * ff I -:.~..~..,~~ I ""-:p~."....",.,, \$-~'"'' I TOTAL COST: 393.12 " 'f'4LTHOc"1\~," I / / "'I ' r \\' I FILED ON: 07 11 09 /1""111" - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - -- MELVIN HILL, ATTORNEY 315 CAMPBELL AVENUE, SW ROANOKE VA 24016 REFERENCE: 80167847 11498085 NPH-Williams Memoria 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 vif~ia. Sworn and subscribed before me this __1~day of JULY 2009. Witness my hand and official seal. ~, --~~ _ Notary Public PUBLISHED ON: 07/04 07/11 Authorized ~ ~ Signature:_~~zr1_ Billing Services Representative NOTICE OF PUBlIC- )i HEARING I The.Council of the City 01 Roanoke will hold a public hearing on Monday, July 20; I 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, Virg,inia, to~ consider the follOWing: i Request from C, C, Williams Memorial Park,! Inc" to rezone property: located on Panorama' Avenue, N,W" bearing Official Tax Nos, 2751107, through 2751109, from RM-1 Residential Mixedl Density District, to ROS, Recreation and Open Spa~e. District, for uses per'!'itted In, \the ROS RecreatIOn and Open Space District, subject, to the condition that a fence shall be installed along ~he, \ western portion property Itne of Official Tax No, 2751107 I in accordance with Section 36,2-410 of the Zoning , Ordinance,' ., .1. A copy of the applica~lon 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 fon this hearing, please ~ontact: the City Clerk's OffIce, at, 853-2541, before noon on; the Thursday before the date I ! of the hearing Iist.ed above, . . 'I GIVEN under my hand thiS 1St day of July, 2009, I Stephanie M. Moon, CMC \ '. ., City Clerk. ~ (11498085) I . .,',- _-, ,- / !-'0 ~~ ~~ NOTICE OF PUBLIC HEARING The Council ofthe City of Roanoke will hold a public hearing on Monday, July 20,2009, 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 C. C. Williams Memorial Park, Inc., to rezone property located on Panorama Avenue, N.W., bearing Official Tax Nos. 2751107 through 2751109, from RM-l, Residential Mixed Density District, to ROS, Recreation and Open Space District, for uses permitted in the ROS, Recreation and Open Space District, subject to the condition that a fence shall be installed along the western portion property line of Official Tax No. 2751107 in accordance with Section 36.2-410 of the Zoning Ordinance. A copy of the 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 ofthe hearing listed above. GIVEN under my hand this 1st day of July ,2009. Stephanie M. Moon, CMC City Clerk. CC Williams Memorial Park-rezone. doc Notice to Publisher: Publish in the Roanoke Times on Saturday, July 4, 2009 and Saturday, July 11, 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: Melvin L. Hill, Attorney 315 Campbell Avenue Roanoke, Virginia 24016 (540) 342-1851 NPH-Williams Memorial Park Rezone.doc CITY O~ 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 CECELIA T, WEBB Assistant Deputy City Clerk July 7, 2009 Melvin L. Hill, Attorney 315 Campbell Avenue Roanoke, Virginia 24016 Dear Mr, Hill: I 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, July 20, 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 C, C, Williams Memorial Park, Inc., to rezone property located on Panorama Avenue, N. W., from RM-1, Residential Mixed Density District, to ROS, Recreation and Open Space District, for installation of a fence along the western portion property line. 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 July 20th public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, ~ m. Y>j~~ Stephanie M. Moon, CMC City Clerk SMM:ctw Enclosure 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 CECELIA T. WEBB Assistant Deputy City Clerk STEPHANIE M, MOON, CMC City Clerk July 7,2009 Mr. Charles Greenway Slakman Investments, LLC St. Andrew's Cemetery Mr. and Mrs, Patrick Koethe 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, July 20, 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 C, C, Williams Memorial Park, Inc., to rezone property located on Panorama Avenue, N. W., from RM-1, Residential Mixed Density District, to ROS, Recreation and Open Space Qistrict, for installation of a fence along the western portion property line, 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, ~ /Y). Jry~ Stephanie M, Moon, CMC City Clerk SMM:ctw 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 CECELIA T. WEBB Assistant Deputy City Clerk July 28, 2009 Martha P. Franklin, Secretary City Planning Commission Roanoke, Virginia Dear Ms. Franklin: I am attaching copy of Ordinance No. 38553-072009 approving, the Old Southwest Plan dated June 18, 2009 and amending Vision 200-2020, the City's Comprehensive Plan, to delete from it the current Old Southwest Neighborhood Plan dated January 2, 2003 and adopted by City Council on January 21, 2003. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 20, 2009, and is in full force and effect upon its passage. Sincerely, ~m,~ Stephanie M. Moon, CMC City Clerk Attachment pc: Darlene l. Burcham, City Manager William M. Hackworth, City Attorney If '\.. ;:YM.~.... ' ~~~. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of July,2009. No. 38553-072009. AN ORDINANCE, approvmg the Old Southwest Plan, dated June 18, 2009, and amending Vision 2001-2020, the City's Comprehensive Plan, to delete from it the current Old Southwest Neighborhood Plan, dated January 21, 2003, and adopted by City Council on January 21, 2003; and dispensing with the second reading by title of this ordinance. WHEREAS, on June 18,2009, the Old Southwest Plan dated, June 18,2009 (the "Plan"), was presented to the Planning Commission; WHEREAS, the Planning Commission held a public hearing on that date and recommended adoption of the Plan and amending Vision 2001-2020, the City's Comprehensive Plan, to include such Plan; and WHEREAS, in accordance with the provisions of S 15.2-2204, Code of Virginia (1950), as amended, a public hearing was held before this Council on July 20, 2009, on the proposed Plan, at which hearing all citizens so desiring were given an opportunity to be heard and to present their views on such amendment. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the current Old Southwest Neighborhood Plan dated January 21, 2003, adopted by City Council on January 21,2003, in Ordinance No. 36218-012103, is deleted from Vision 2001-2020. 2. That this Council hereby approves the Old Southwest Plan dated June 18,2009, in the form certified by.the City Planning Commission, and amends Vision 2001-2020, the City's Comprehensive Plan, to include the Old Southwest Plan dated June 18, 2009, in the form certified by the City Planning Commission, as an element thereof. O-Amend Vision 2001-2020 - Old Southwest Plan,doc 1 3. That the City Clerk IS directed to forthwith transmit attested copIes of this ordinance to the City Planning Commission. 4. Pursuant to the provisions of 912 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~~ 'rY). ~\hN , City Clerk O-Amend Vision 2001-2020 - Old Southwest Plan.doc 2 CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning@roanokeva.gov July 20, 2009 Architectural Review Board Board of Zoning Appeals Planning Commission 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 to amend Vision 2001-2020, the City's comprehensive plan, to delete the current Old Southwest Neighborhood Plan, adopted by City Council on January 21, 2003, from Vision 2001-2020, and to include in Vision 2001-2020, the Old Southwest Neighborhood Plan, dated June 18, 2009. Planning Commission Public Hearing and Recommendation: Planning Commission public hearing was held on May 21,2009. At its meeting on June 18, 2009, the Commission voted 5-0 (Ms. Katz absent), to recommend that City Council amend Vision 2001-2020, the City's comprehensive plan, to delete the current Old Southwest Neighborhood Plan, adopted by City Council on January 21,2003, from Vision 2001-2020, and to include in Vision 2001-2020, the Old Southwest Neighborhood Plan, dated May 21,2009. Background: The current Old Southwest Neighborhood Plan was adopted in 2003. This will replace that plan as a component of Vision 2001-2020, the City's current " comprehensive plan. Three public meetings were held in 2008-09 to gather public input. Public input combined with the policies of Vision 2001-2020 are the basis for the recommendations in this plan. This plan is the first neighborhood plan to be updated that was originally adopted as a component of Vision 2001-2020. Initially, it was planned to be an addendum, however evaluation of the current plan led staff to essentially rewrite the entire plan. The current Old Southwest Neighborhood Plan was used for reference and some information was copied from that plan. Several of the issues remain the same as well. The Planning Commission held a public hearing on the plan on May 21, 2009. The public hearing was closed and the Commission continued the matter to June 18, 2009 in order to address public comments on the plan. Considerations: During the workshops several positive features of the area were cited that need to be maintained: . Historic character of buildings and streets . The historic district regulations . Good communication between residents and City staff . A good neighborhood organization, Old Southwest, Inc. During the workshops several issues were cited that need to be improved: . Recurring property maintenance code violations . Maintenance of and improvements in Highland Park . Some streets aren't pedestrian and bicyCle friendly . Vehicles speeding and ignoring stop signs . Lack of streetscape improvements in the 5th Street Village Center Based on the aforementioned input, staff research, and the goals of Vision 2001-2020, the plan proposes five priority initiatives: Code Enforcement - continue the Rental Inspection Program and identify properties to be targeted by the Code Team. Residents cited this as the top priority. Hiqhland Park - work with Parks and Recreation to develop a master plan, potentially including pathway and greenway connections. Villaqe Center - Enhance the 5th Street village center with streetscape improvements between Marshall and Mountain Avenues per the Street Design Guidelines. Transportation: a. Evaluate and consider altering Elm Avenue between Ferdinand Avenue and Franklin Road to: i. Evaluate the intersection of Elm and Ferdinand Avenues at the Wasena bridge, and the addition of parking lanes and bicycle lanes if possible on each side of the street. ii. consider improvements at the intersection of Elm Avenue and Franklin Road to enhance the pedestrian crossings. b. Improve the Jefferson Street corridor per the Street Design Guidelines and promote mixed use development that will create a seamless transition between the neighborhood and downtown. Public Safety - continue to focus on crime prevention in the neighbo(hood and maintain regular attendance at meetings by Police officers. Assist the neighborhood with long-term record keeping of criminal activity to evaluate progress. Recommendation: By a vote of 5-0, the Planning Commission recommended approval of the Old Southwest Neighborhood Plan update for adoption as a component of Vision 2001- 2020. 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 IN THE PLANNING COMMISSION OF THE CITY OF ROANOKE, VIRGINIA This 18th day of June, 2009 A RESOLUTION recommending the adoption of the Old Southwest Neighborhood Plan as an element of the City's Comprehensive Plan. WHEREAS, a series of community workshops were held in the Old Southwest neighborhood to gain input into the plan; WHEREAS, the draft plan has been reviewed by the neighborhood, city staff, and the City Planning Commission; and WHEREAS, the Old Southwest Neighborhood Plan has been advertised in accordance with Section 15.2-2204 of the Code of Virginia (1950), as amended, and pursuant to that notice, a publ_ic hearing was held on May 21,2009, at which all persons having an interest in the matter were given a chance to be heard. BE IT RESOLVED by the Planning Commission of the City of Roanoke that it recommends to City Council that the Old Southwest Neighborhood Plan, dated June 18, 2009, be adopted as an element of the City's Comprehensive Plan, and that by signature of its Chairman below, the Planning Commission hereby certifies the attached copy of the neighborhood plan to City Council. ATTEST: Lf),~~~ Chairman Old Southwest NEIGHBORHOOD PLAN Planning Commission Draft June 18, 2009 ROANOKE VIRGINIA ~ . vIsion ~::~ Contents: Introduction 1 History 2 Neighborhood Demographics 10 Priority Initiatives 14 Community Design 15 Residential Development 26 Economic Development 31 Transportation and Infrastructure 33 Parks and Recreation 43 Public Services 47 Recommendations 50 Implementation 58 Planning Building & Development Acknowledgments City Council Mayor David A. Bowers Vice Mayor Sherman P. Lea M. Rupert Cutler Gwendolyn W. Mason Anita J. Price Court G. Rosen David B. Trinkle Plannin~ Commission D. Kent Chrisman Lora J. Katz Angela S. Penn Richard A.Rife Henry Scholz Chad A. VanHyning Fredrick M. Williams Plannin~ Buildin~ & Development Tom Carr, Director Project Mana~er Frederick Gusler, AICP, City Planner II Thanks to all the residents and property owners who participated in the community workshops. A special thanks to the Old Southwest, Inc. neighborhood association for their assistance with this plan and their continued commitment to the area's quality of life. co & P 2009 City of Roanoke 215 Church Avenue, SW Roanoke, VA 24011 Old Southwest Neighborhood Plan Introduction Old Southwest is an historic neighborhood listed on the Virginia Land- marks Register and the National Register of Historic Places. Old Southwest has a wealth of architectural styles ranging from Vernacular and Neoclassi- cal to Tudor Revival. The development of Old Southwest dates to the late 19th Century when the land was annexed by the City from Roanoke County in 1890. A great number of homes were built around the turn of the century. Most of the structures in the neighborhood today were built by the end of the 1920s. Old Southwest is an attractive community that presents opportunities to live and work in the same neighborhood. The neighborhood's proximity to downtown provides Old Southwest residents with convenience to public services, commercial establishments, and the region's premiere cultural ame- nities. It also has the City's oldest park and a nationally recognized elemen- tary school. The neighborhood is bound on the north by Marshall and Day Avenues, by the Roanoke River to the south and west, and Jefferson Street to the east. The purpose of this neighborhood plan is to build upon Old Southwest's character and resources through the priority recommendations established by residents and City staff. Residents ofthe neighborhood and the City will use it to guide actions for neighborhood improvement. The plan is a component of Vision 2001-2020, the City's comprehensive plan. Neighborhood Planning The previous Old Southwest Neighborhood Plan was adopted by City Council in 2003. In 2008, with adopted neighborhood plans for each neigh- borhood in the City consistent with Vision 2001-2020, Planning staff chose Old Southwest as the first plan to update. Two public meetings were held at Highland Park Elementary School in 2008. The public input from those meetings, combined with the policies of the previous Old Southwest Neigh- borhood Plan and Vzsion 2001-2020, form the foundation for the recommenda- tions ofthis plan. . Old Southwest Neighborhood Plan History As the Norfolk Western Railroad created jobs in the City's dawning days in the 1880s, a larger wealthy class emerged and began moving further from downtown. Old Southwest was born in this first phase of the City's suburban growth, with its large, grand Victorian mansions making it one of the premier addresses in the area. After several decades of decline, it has experienced almost a full cycle of revitalization. Today, it is in one glance a living ex- ample and a vestige of the purest denotation of suburban settlement; life once removed from the urban core, while not withdrawn or remote from it, still obviously dependent on and linked to the City's institutions and functions. The Colonial Era and Early Settlement By the mid 1700s it appears that two men had settled in and owned all of what is now the Old Southwest neighborhood; William Alexander and Thomas Tosh. Though little is known oftheir lives, they appear to have fared exceedingly well in maintaining their estates through times of warfare and unrest with indigenous peoples and the colonial powers. Both of these men passed their estates on to their children and laid a foundation, figuratively and literally, for the development of Old Southwest as we know it today. Alexander owned 50 acres on the north side of the Roanoke River. The house today known as the Alexander/Gish House is on this land and partially named after the Alexanders. Tosh bought 120 acres of land from his brother Tasker, who along with Mark Evans, settled much of the present day City of Roanoke in the 1740s. By 1781, Thomas Tosh owned 426 continuous acres in this area and had built a home. / The Carolina Road, as it is commonly referred to in Virginia, at this time extended from around Philadelphia, Pennsylvania, to the interior of North Carolina. The road was a path created by Native Americans who had' likely traveled it for centuries. Today, Franklin Road roughly follows the path laid by the Carolina Road. The first Tosh home place has been deemed by some as the first brick house in the Roanoke Valley. Built by Thomas Tosh, it was just off the Caro- Iiha Road in the present day King George Avenue and Franklin Road lots where a nursing home and rehabilitation center now sit. It was later referred to as "Rock of Ages" as it was perched atop rock ledges. In the 20th century, one of its last owners re-named it "Lone Oak." Old Southwest Neighborhood Plan A short distance from Lone Oak was Tosh's Ford, a shallow point at which the Roanoke River could be crossed on the route of the Carolina Road. Today, the bridge on Franklin Road that crosses the River and railroad tracks is roughly in the location of Tosh's Ford. A Virginia Department of Historic Resources landmark sign on Franklin Road entitled "A Colonial Ford" com- memorates the travels ofa group of Moravians across Tosh's Ford on Novem- ber 2, 1783, en route to Bethabara, North Carolina. "Tosh's Ford and Evans Mill was the base of supplies for military expedi- tions of colonial days in all this region" according to the Virginia Department of Historic Resources' "A Guidebook to Virginia's Historical Markers." In addition, in several entries in Frederick Kegley's "Virgina Frontier," the ford was noted as the starting point for the planning and connection of several roads that would later become vital to settlement in the valley. Pre-Railroad; From Gainesborough to Big Lick Thomas Tosh's only son, Jonathan, was said to have met his wife Elizabeth on a chance romantic encounter at Tosh's Ford when the latter's carriage got stuck and couldn't make the crossing. In 1805, their daughter Jane was born. Perhaps as much as or more so than any other figure, she was connected to Roanoke's earliest settlement, and to its burgeoning modernization. In 1823 Jane Tosh married William Lewis, great grandson of General Andrew Lewis. William and Jane (Tosh) Lewis had four sons that served for the Confederacy in the Civil War. Day and Marshall Avenues both were origi- nally named Charles and John Streets respectively, after sons of William and Jane Tosh Lewis who died in the war. Another son of William and Jane, Colonel Thomas Lewis, married Mary Ingles in 1859, a distant cousin and relative of Mary Draper Ingles, locally famous for her escape and trek from Shawnee warriors on the Ohio River af- ter the Draper's Meadow Massacre in 1755. The two lived in Salem for about 30 years, before moving into the Lewis Reserve at 617 6th Street, one of the earliest houses in the neighborhood. Big Lick was incorporated as a town in 1874. In 1881, after a conceptual deal had been agreed upon between the Norfolk and Western and Shenandoah Valley Railroads (SVRR) to join their lines at Big Lick, a few prominent local families hosted members of a railroad delegation as nightly accommodations for travelers were then very limited. The widowed Jane Tosh Lewis was one of such hosts, entertaining railroad officials at Lone Oak as they worked out the details of what would be the single most defining contractual agreement in the City's history. Old Southwest Neighborhood Plan The First Land Companys of the Magic Era' By the time the City of Roanoke was chartered in 1884, the era of the Magic City was well underway. With the land annexed into the City in 1882 and 1892, the neighborhood sprouted up in step with the magic pace of the City. The Roanoke Land and Improvement Company (RL&IC), a subsidiary of Norfolk and Western, was chartered in 1881 to develop housing and infra- structure in Roanoke. The RL&IC played a major role in the early develop- ment of the neighborhood's eastern side, and several other land companies formed to take advantage of the City's unmet need for new housing. In 1883, railroad officials began building their homes on the east side of Jefferson Street where the Carilion Community Hospital and Jefferson College of Health Sciences currently sit. This area was known as "Orchard Hill," but was dubbed "Official Hill" by locals for its abundance of railroad officials Jiving in the upscale Queen Anne style mansions. In addition to the RL&IC, the Virginia Company, a real estate and develop- ment subsidiary for the SVRR, was another major developer on the eastern side ofthe neighborhood. The National Register of Historic Places nomina- tion for the Southwest Historic District (which includes Old Southwest) in 1985 noted the Virginia Company developed "one of the most prestigious sec- tions of Old Southwest," which includes "three distinctive model homes" on 2nd Street to market the east side of the neighborhood to upper middle class citizens. These three houses; 1112, 1130, and 1144 2nd Street, are still stand- ing today, and according to the nomination, are the "most unusual examples of romantic Victorian architecture in the district." Between the development of the Virginia Company and the RL&IC, by the early 1890s the eastern side ofthe neighborhood between Franklin Road and Jefferson Street was home to a number of railroad officials and other fami- lies that played vital roles in the City's development, the names of which are too numerous to mention here. The earliest ofthe larger houses were usually of the Queen Anne style popular during the Victorian era, while in the early 20th Century, several Colonial Revival mansions were built. There are still numerous examples of these and other architectural styles in the neighbor- hood today. (For a more detailed overview of the neighborhood's architectural styles, refer to the City's H-2 Historic District Guidelines and the Residential Pattern Book.) While upscale development was taking place to the east, a number of smaller, more modest homes were being built in the northern end of the neighborhood. Some of the earliest houses in the neighborhood were on Day Old Southwest Neighborhood Plan and Marshall Avenues (then 7th and 6th Avenues respectively) close to down- town. Miller's Hill, the area between Elm and Marshall Avenues, and 4th and 5th Streets, wasn't developed until after 1906. In the same year that Orchard Hill was conceived, 90 acres of the Lewis land was subdivided and put on the market. The Lewis Addition spanned across most of the neighborhood west of Franklin Road with the exception of the Gish property (Highland Park). The western side of the neighborhood was largely developed after sales ofthe Lewis estate by the Janette Land Com- pany. The Janette Land Company was formed in 1890, and named after Jane Tosh Lewis. Infrastructure and Public Facilities As with the rest ofthe City, the growth of housing and population in the neighborhood in the late 1800s was at a faster pace than public services could keep up with. Such improvements came gradually, and by the 1920s the neighborhood was relatively filled out with modern infrastructure; side- walks, paved streets, electricity, gas, and public sewer and water lines. Some of the original brick sidewalks are still in use to this day. By 1891 there were bridges across the river at Jefferson Street and Franklin Road, as well as two railroad bridges north of Franklin Road. A fire station opened on the 300 block of Highland Avenue in 1911. Old Southwest was already a well established neighborhood in the City when construction of the Franklin Road street car line began in 1892. The line originally went as far south as Highland Avenue, then in 1903 was extended to Woods Avenue. The Highland Line began operation in 1908. It extended from Franklin Road and Marshall Avenue, west to Fifth Street, south to Elm Avenue, then west to Ferdinand Avenue. Old Southwest Neighborhood Plan The First Public Park Although Woodland Park in Southeast Roanoke was open to the public, it was privately owned. The land for Highland Park was purchased from Nannie Gish in 190 I, making Highland Park the first City-owned park. As it developed the park was heavily used by the neighborhood for various large events and gatherings. In 1911 sports facilities were added at the top of the park where fields were graded level. Part of the land acquired from Gish was sold for the development of homes on Washington, Walnut and Albemarle Avenues, and for Park Street School. The school opened in 1907, was damaged by fire in 1920, and re- built in 1921. Its name was changed to Highland Park in 1924. Early Churches and Synagogues Three of the Valley's oldest churches are in or near the neighborhood; First Baptist, Second Presbyterian, and Saint John's Episcopal. As Roanoke devel- oped and attracted a substantial population of newcomers, the few churches that were located downtown could not accommodate the rising population. A few of the churches in the neighborhood today are a result of such expansion. Saint John's Episcopal Church moved from Gainesborough to Church Avenue, and finally to its present location at Jefferson Street and Elm Avenue. Second Presbyterian also located near its growing congregation in the 1890s. First Baptist Church was erected in 1875 across 3rd Street from where the present church sits. It lies just outside the neighborhood, but expanded in Old Southwest to accommodate one of the largest congregations in the Valley. The United Brethren Church was at Franklin and Day Avenue by the late 1890s. Several other churches developed in the early to mid 20th Century, such as Trinity Methodist and Saint Mark's Lutheran. Beth Israel Synagogue was dedicated in 1926 on Franklin Road. Old Southwest Neighborhood Plan The Roaring Twenties and the Great Depression The 1920s was a time of tremendous wealth creation and technological modernization throughout America, until 1929 when the U.S. Stock Market crashed and sent investors into a panic that would last through most of the next decade. Old Southwest reaped its share of the benefits of the I 920s, as it was a wealthy neighborhood. Most of the streets were paved, Jefferson Street was widened, and new infill development of houses and apartments continued, bringing more energy and vitality. Yet it was during this era that the world around Old Southwest began to catch up to its standards and offer alterna- tives. The automobile's emergence made it feasible for people to live further from downtown, the Highland Line street car was abandoned in 1929, and South Roanoke began to emerge as the chic neighborhood of choice for the well heeled and upper middle class, a number of which began to leave Old Southwest. The Great Depression's impact was obvious on the surface; Lone Oak was foreclosed upon, the Saint Charles Hospital on Mountain Avenue closed, and service on the Franklin Road street car line was discontinued, just to !lame a few of many unfortunate events. Yet it is difficult to determine the true extent of its long-term impact on Old Southwest. City real estate records indicate a number of foreclosures on homes, but not a disproportionate amount. At the same time many long-time homeowners maintained their properties, while many sold their houses in the 1940s when the country was beginning to recover. Old Southwest Neighborhood Plan Post World War II The exodus of City residents to new suburban neighborhoods elsewhere was a fact of life in post World War II America, a period of great economiC expansion and prosperity for most of the country, but often at the expense of older urban areas. Roanoke and Old Southwest were not exceptions to these national trends. As homeowners left the neighborhood, many if not most, of the large houses were bought by investors who created several rental units in each. The auto- oriented, suburban development trends and public policy of the times shaped the neighborhood's eastern and northern boundaries in particular. A number of houses were razed to make way for apartment buildings or offices, most of which remain today. As automobile traffic increased, properties on the heav- ily traveled streets - Franklin Road, Jefferson Street and Elm Avenue - were redeveloped for commercial uses. For over three decades the neighborhood's original fabric and status declined until it was primarily inhabited by renters, and commercial estab- lishments on its edges. By the 1970s, crime and blight came to define the neighborhood, and its origin as one of the elite early suburbs was virtually unknown to younger Roanokers. Old Southwest Neighborhood Plan Reclamation, Redevelopment and a New Name In the early 1970s, with the assistance of a federal grant, a then small num- ber of people committed to turning the neighborhood around into a permanent renaissance of its past, formed the Old Southwest Neighborhood Alliance. The organization later changed its name to Old Southwest, Inc. and became a non-profit organization. One of the organization's major accomplishments was the renovation and lease of the Alexander/Gish House, which it lobbied City Council to save. In 1979 a lease agreement was signed, and with help from federal grants issued through the City, the house was restored. It is still used as a meeting place for the neighborhood today. Its first Holiday Parlor Tour was held in 1980. In 1985 the Southwest Historic District was created and placed on the National Register of Historic Places. This led to the current local H-2, His- toric District in 1987, and the creation of the Architectural Review Board. The years of suburban development and preference for new buildings in place of the old, have been counterbalanced by the creation of the historic districts. Federal, state and local governments all now realize the civic and economic value of preserving their communities' architectural heritage. Through the last 30 years or more the neighborhood has seen a fairly dramatic increase in homeownership and overall improvement in property up- keep. The eastern side of the neighborhood still has a number of single-family homes and apartments, but over the years has become a viable office district. Property values and sales rose significantly in the early 2000s and new infill development, as well as rehabilitation of older houses continue. The City began a redevelopment project of 17 houses on Miller's Hill in 2005. The development of the Janette Avenue Townhomes is also currently underway on the former "Victory Gardens" site where residents followed the patriotic trend of planting vegetables during war times. Homeownership and a sense of community have returned to Old South- west. Residents today are proud of their neighborhood and the diversity of people that live in it. The sense of history and sense of place are one in the same on the streets of Old Southwest. Although it has weathered periods of sweeping change and instability, Old Southwest is not haunted by its past, figuratively or literally. Rather, it manages to wear its past on its sleeve, a past that today evokes a warm resilience that continues to comfort those that call it home. Old Southwest Neighborhood Plan Neighborhood Demographics In 1990, the total population of Old Southwest was 3,771 (Of Census Tr~ct 12, which covers an area approximate, but not precisely, to the boundaries of Old Southwest). The population decreased by four percent (3,628) between 1990 and 2000, resembling the City's gradual decline over the same period. Additional factors in the reduced population of Old Southwest are the conver- sion of homes from multi-family structures back to their original single-fam- ily use, and changes in the zoning ordinance that increased square footage requirements per unit. Nationwide, the 2000 Census also reports a decrease in household size. These factors - more single-family units and households with fewer residents - have contributed to a slight population decline in Old Southwest, yet during the last decade the neighborhood has attracted a more stable population base. As shown in Table 1 below, racial diversity in the neighborhood has increased over the last decade, with a six percent increase in the number of African Americans and a five percent increase in the population of other non- white ethnic and racial groups. Table 1: Old Southwest Population Trends, 1990-2000 1990 2000 Difference Population 3,771 3,628 -4% Households 2,061 1,918 -7% White 90% 79% -11% African 9% 15% +6% Americans Other races 1% 6% +5% o - 17 years old 19% 17%* - 2% 18 - 34 years old 35% 33%** -2% 35 - 64 years old 31% 39% +8% 65 years and 15% 11% -4% over Source: Us. Census Bureau, *Refers to ages 0-19 * * Refers to ages 20-34 Old Southwest Neighborhood Plan The neighborhood has experienced a decline in all age groups since 1990 with the exception of people aged 35-64, which increased by eight percent. Despite decreases in all the other age groups, the percentage of young adults (20-34 years old) living in Old Southwest (33%) is significantly higher than that for the City as a whole (21.3%). This suggests that Old Southwest has become an attractive place for young adults. Old Southwest may continue to experience an increase in young adults due to its location adjacent to downtown and the South Jefferson Redevelop- ment Area (SJRA). It is estimated that the SJRA will create positions for over 2,000 prospective employees once all phases are complete. Table 2: Education for Population 25 Years and Over, 2000 U.S. Census Bureau. Percent with Less Percent high Percent with than a 9th grade school graduate bachelor's degree education or higher or higher City of Roanoke 7.3 76.0 18.7 Old Southwest (Census Tract 10.7 71.6 21.0 12)) Source: Us. Census Bureau, The educational attainment data shown above in Table 2 points out an unusual juxtaposition. Old Southwest has a higher percentage of college-edu- cated residents than the City overall, yet at the same time has a higher per- centage of residents with less than a high school education. Demographic data is not available for the neighborhood since 2000, as the next decennial Census is conducted in 2010. Recent Census population estimates show a decline in the City's population, however the Weldon-Coo- per Research Center at the University of Virginia has estimated that the City's population has recently trended upward. It is expected that Old Southwest will show significant changes in the 2010 Census, namely a decrease in population, an increase in households, and higher educational attainment and income levels. Old Southwest Neighborhood Plan Neighborhood Organization Old Southwest, Inc. was created in 1974 under the name Old Southwest Neighborhood Alliance. The organization was founded with the assistance of a federal grant that identified it as one of five core neighborhoods in need of revitalization. At the time there was a small group of residents committed to saving the neighborhood's historic structures and reducing the crime and poverty that had contributed to its overall decline in previous years. Since then it has become a registered non-profit organization (501(c) (3)) and grown to include four officers with a board of directors, plus 13 committees that oversee various projects and focus on specific neighborhood goals. Old Southwest, Inc. was instrumental in the City's establishment of the Southwest Historic District (a large portion of which comprises the H-2 Historic District), and in preserving the City-owned Alexander/Gish House at Highland Park, which it now leases from the City and meets in regularly. In addition, the organization has spearheaded numerous projects to improve the park itself, several of which were assisted with grants from the City. Recently, the organization partnered with NewVa Connects to gain City approval for a dog park in Highland Park. Block Pride is another regular event the organiza- tion created. Twice a year neighborhood residents pitch in and help clean up trash on Elm, Day and Marshall Avenues. The City provides trucks and labor to haul the trash away. The Old Southwest Parlor Tour is the organization's only fund raising event. Started in 1980, the tour showcases approximately 10 homes each year and allows the public to view the interior of each. Paying visitors often walk from house to house, while in recent years a shuttle service has also been pro- vided. The tour is usually scheduled on the first weekend of December, with scheduled visiting times over the course of two days. It has attracted nearly a thousand visitors in some years and has increased public exposure of the neighborhood tremendously. In 2008 Old Southwest, Inc. received second place in the Neighborhood of the Year Award in the Social RevitalizationlNeighborliness category from Neighborhoods USA for its Food with Friends event. Food with Friends, now in its third year, is a monthly potluck event hosted by different households each month. A different culinary theme is chosen for each event and neigh- borhood residents contribute accordingly. Old Southwest, Inc. has done a number of grant projects with the City, particularly for infrastructure in Highland Park. At present, the organization is installing period street lights on Elm Avenue and Franklin Road, using funds it obtained through the City's Neighborhood Development Grant Program. Old Southwest Neighborhood Plan Over the past 10 to 15 years, a strong community of dedicated homeown- ers has established itself on Day and Marshall Avenues between 5th Street and Ferdinand Avenue. These homeowners started the Block Pride cleanup days, held weekly dinner meetings, and generally share information and assist each other with various household projects, while reporting illegal or suspi- cious activity to the police. As the neighborhood continues to attract more homeowners, membership in Old Southwest, Inc. has likewise increased. Its coordinated efforts were a large part of the original Old Southwest Neighborhood Plan and ofthis update as well. Old Southwest Neighborhood Plan Priority Initiatives Based on resident input and the staff's evaluation of conditions in Old Southwest, five priority initiatives have been identified for this plan: Code Enforcement - continue the Rental Inspection Program, general code enforcement, and identify properties to be targeted by the Code Team. Residents cited this as the top priority. Highland Park - work with Parks and Recreation to develop a master plan, potentially including pathway and greenway connections. Village Center - Enhance the 5th Street village center with streetscape improvements between Marshall and Mountain Avenues per the Street Design Guidelines. Transportation: a. Evaluate and consider altering Elm Avenue between Ferdinand Avenue and Franklin Road to: i. Evaluate the intersection of Elm and Ferdinand Avenues at the Wasena bridge, and the addition of parking lanes and bicycle lanes if possible on each side of the street. ii. consider improvements at the intersection of Elm Avenue and Franklin Road to enhance the pedestrian crossings. b. Improve the Jefferson Street corridor per the Street Design Guidelines and promote mixed use development that will create a seamless transition between the neighborhood and downtown. Public Safety - continue to focus on crime prevention in the neighborhood and maintain regular attendance at meetings by Police officers. Assist the neighborhood with long-term record keeping of criminal activity to evalu- ate progress. I Old Southwest Neighborhood Plan Community Design Development Pattern Old Southwest was developed as an early suburb close to downtown and was originally platted in the typical fashion ofthe time; two-lane streets with 40 to 50 feet of right-of-way set in a grid street pattern with 10 foot alleys in the middle of each block. Many lots were large (50 feet or more wide) for its era, though there were a number of lots only 25 feet wide. The rolling topog- raphy of the neighborhood adds to its attractiveness and offers broad vistas in some areas, while not steep enough in any section to make access a challenge. Much of Highland Park is atop a hill; while other areas of the park are on hillsides. Most of the houses in Old Southwest are two story structures with an attic, though in later years some one-storey homes were built in the neighborhood. Architectural styles offer a good representation of the various styles of the late 19th and 20th Centuries. On some blocks early two-storey Victorian houses are next door to modern one-storey offices. Several small 'pocket commercial' structures are scattered around the neighborhood. These struc- tures typically were 'zero lot line' dev'elopments, i.e. the building facade is flush with the sidewalk with no front yard. Residential structures in the neigh- borhood typically are set back from the sidewalk at least 15 feet in a consis- tent pattern throughout each block, though later developments often didn't observe these patterns. Many early houses were built well above the grade of the street and are bounded by stone or concrete retaining walls, many of which still exist today. Wrought iron fencing was common in early develop- ment, but is not a prevalent feature today. Most streets are lined with concrete or brick sidewalks. Street trees are a common feature on many streets, how- ever there are noticeable gaps that new trees should be planted in. Most of the planting strips between the sidewalk and curb are no more than two feet. The neighborhood has six churches and a synagogue. Highland Park is a 33-acre park and is the City's first public park. Across from the park is High- land Park Elementary School. Both of these public institutions are central to the neighborhood and have long been a source of pride for neighborhood residents. Two streets in the neighborhood have seen significant increases in traf- fic for several decades as the Roanoke Valley has grown, creating barriers between different areas. Franklin Road and Elm Avenue both are used heav- ily by commuters from other parts of the City and Roanoke County en route , Old Southwest Neighborhood Plan downtown and northward. The volume of traffic on these streets makes them difficult to cross for pedestrians at some intersections. The most important intersections in the neighborhood are Ferdinand and Elm Avenues at the Wasena bridge, 5th Street and Elm Avenue, and Franklin Road and Elm Avenue. All ofthese intersections are gateways into the neighborhood. These intersections and these streets are addressed in greater length in the Transpor- tation chapter. In part due to the traffic patterns, Old Southwest currently has three dis- tinct areas: · Highland Park - south of Elm Avenue and west of Franklin Road. This is the core ofthe neighborhood and has the highest concentration of owner-occupied housing units. · Mixed-Use District - east of Franklin Road. This area has a mixture of of- fice and residential uses, including a number of modern buildings. · Elm, Day, and Marshall Avenues - north of Elm Avenue, adjoining downtown and the Mountain View neighborhood. While the northern end of the neighborhood has the same development pattern and architectural style housing as the Highland Park area, it is somewhat disconnected from the neighborhood by the traffic volume on Elm Avenue. This area has higher concentrations of multifamily and sub-standard housing, however crime has dropped significantly in recent years. This area is an important interface with downtown and needs to become a seamless transition. Overall, the community design of Old Southwest must be regarded in a comprehensive manner; the H-2 guidelines apply not only to structures but also the streetscapes and yards which accompany them. Maintenance of the neighborhood's public facilities and streetscapes is as much a priority to residents as maintenance of their own homes. Future public investment in the neighborhood should be undertaken with that in mind. Old Southwest Neighborhood Plan H-2 Historic District The H-2 Historic District overlay zoning regulates design features on the exterior of all structures in the neighborhood, as well as improvements on public property. The H-2 District began as the "Neighborhood Preservation District," which was adopted by City Council in 1987. The district comprises a large portion of the Southwest Historic District, which was placed on the National Register of Historic Places in 1985. Properties within National Register districts are eligible for state and federal tax credits. Owners must apply, and then comply with rehabilitation design guidelines to restore structures to their proper era of historic signifi- cance. Aside from tax credit applications, properties within National Regis- ter districts are not subject to historic district regulations unless the locality creates a local district, such as the H-2. Property owners should be aware that City (B-2) and state and federal processes are not connected. City staff often guides property owners interested in these tax credits, but does not administer them. However, the design guidelines of each are very similar. In fact, the H-2 Design Guidelines are largely based upon the Department of Interior's (National Register) standards. While the H-2 District and the City's design review process is not directly linked to state and federal tax credit projects, the City offers real estate tax relief to owners of properties in the H-2 District that improve old structures. The Partial Tax Exemption on Rehabilitated Buildings program provides tax relief to owners of structures in the district over 25 years of age. Applicants must apply prior to starting any renovation work, so that an on site inspection can be conducted by a Real Estate Valuation appraiser. In order to qualifY for the tax exemption, the property's assessed value must be increased by 40% or more, and designed for residential use. Properties in the H-2 District are eligible for twice the period of tax relief than are most in the City. Old South- west utilizes the Partial Tax Exemption on Rehabilitated Buildings program more than any other neighborhood in the City. All of Old Southwest is within the H-2 District. The Architectural Review Board (ARB) is responsible for the review and authorization of work on the exterior of buildings in the district per the H-2 Historic District Design Guidelines. Prior to making any changes to the exterior of their property, owners must first apply to the Agent to the ARB, which is a City staff person in the Department of Planning Building and Development. Old Southwest Neighborhood Plan Old Southwest Neighborhood Plan The ARB is a body of seven citizens appointed by City Council to serve no more than three four year terms. The ARB must have at least 3 architects, while other members must have a demonstrated interest in and knowledge of historic preservation and the history of the City of Roanoke. The mission of the ARB is to preserve, protect and enhance the character of significant historic, architectural or cultural properties located in historic districts by en- suring the design compatibility and appropriateness of new construction and rehabilitation and restoration of existing structures. The Board also identifies historic properties and recommends historic designation for such properties. The H-2 Historic District Guidelines provide the ARB and property owners with information about the various architectural styles found in the neighbor- hood, and appropriate treatment for their preserVation. The guidelines were updated in 2007 after a series of public meetings and extensive study by the ARB. In addition, as a result ofthe input received during the update process, several administrative changes were made to improve the application and . monthly meeting processes. Old Southwest, Inc., while not affiliated with the City or the ARB, helped facilitate the creation of the distrcit, and has since helped a number of neigh- borhood property owners research their historic homes. In 1983 the organiza- tion created a file on each structure in the neighborhood, including a current photograph. Since then additional historic photos and documents have been added to the files. These files are often made available by Old Southwest, Inc. and used in conjunction with ARB Applications for historical information. Old Southwest Neighborhood Plan Zoning and Land Use The highest priority of the previous Old Southwest Neighborhood Plan was to make zoning changes to encourage village center development on 5th Street and facilitate a greater balance between single and multifamily hous- ing units. Per the guidance of the plan, in 2005 the City adopted a new zoning ordinance and Old Southwest was perhaps altered more than any other area of the City. Though not coinciding precisely with the three aforementioned areas of the neighborhood, there are essentially three main zoning districts that reflect the transitions, RM-l, CN, and MX. The 2005 zoning map reduces density on properties that still have the po- tential to be single-family. West of Franklin Road the vast majority of proper- ties are zoned RM-1, Residential Mixed Density. This district allows single- family by right, but requires duplex uses to be approved in a public hearing before the Board of Zoning Appeals. Franklin Road and most of the proper- ties to the east are zoned MX, Mixed Use, which allows office and residential uses. The residential zoning on Clarke and Maple Avenues is an exception. Most of the area identified in the Old Southwest Neighborhood Plan as the 5th Street village center is zoned CN, Neighborhood Comrilercial. With many of its original buildings intact, the neighborhood is dominated by single-family and multifamily residential forms. Some of the larger struc- tures along Franklin Road and east of Franklin Road are occupied by light commercial uses such as offices. During the latter half ofthe 20th century, many single-family dwellings were converted to multifamily dwellings. However, over the past 10-15 years, the trend began to reverse with signifi- cant numbers of homes restored to single-family use. The zoning changes made in 2005 reinforce the private investment that has gone into the neighborhood, and aim to protect those investments as much as possible. At the same time, many apartment buildin'gs were constructed in the neighborhood, and any other use ofthese properties is for the most part impractical. Therefore, several structures that were originally built to house apartments were zoned RM-2 in the update of the ordinance in 2005, which allows them to be used as single or multifamily. Some neighborhood homeowners have requested the City downzone these structures or allow office or other low impact commercial uses in these prop- erties that would make them more attractive and reduce density in the neigh- borhood. While understanding these concerns, it is important that a balance of housing options are available in the neighborhood, and that renters are as wel- come as homeowners (though zoning cannot dictate whether units are rented or sold). It should also be noted that there are a few apartment buildings in the Old Southwest Neighborhood Plan neighborhood that were built prior to World War II and are significant to the architectural heritage of the neighborhood. At the same time, there has been a long history of sub-standard rental units in the neighborhood, and often criminal activity has been associated with these same properties. Code enforcement was one of the priority initiatives of the original plan, and residents were adamant in public workshops that it should be the highest priority of this update. Residents would like to see com- munication improve between City staff, residents, and the Commonwealth Attorney's office that prosecutes such cases. In addition, residents urged the City to request legislative amendments from the Virginia General Assembly that would bolster the City's police powers in enforcing local ordinances. City staff, neighborhood residents, and Old Southwest, Inc. should con- tinue to communicate as they have in the past when there are problems. In addition, alternative strategies to improve such properties should not be ruled out. Specific zoning and land use recommendations are not included in this plan. However, such changes should be considered in the long term vision for these properties. 5th Street Village Center The Fifth Street village center identified in Vision 2001-2020 was rezoned in 2005 per the Future Land Use map of the original plan. Village centers are centers in neighborhoods containing a mixture of higher-density residential uses and neighborhood commercial uses. They serve as the focus of neigh- borhood activity and vary in size and scale depending on the nature of . uses and size of the surrounding area. Village Centers should be dense, compact in size, and identifiable. Centers generally have fixed limits so that commercial activity does not encroach in the surrounding residential areas. Some ideal village center commercial uses are restaurants, coffee shops, convenience stores, specialty shops and small retail establishments. Live/work space is also an appropriate use for village centers. Live/work space is a mixed-use tactic that employs office or retail use on the bottom floor and residential use in the upper floor of a structure. In recent years the City has encouraged and seen an increase in such uses, particularly in the expansion of down- town housing options. To encourage a pedestrian environment and desirable streetscape, buildings in village centers should be placed close to the street, immediately adjacent to the sidewalk. Old Southwest Neighborhood Plan Further development and enhancement of the 5th Street Village Center was cited by residents as one of the top priorities for improving the neighbor- hood. In 2005 the zoning map adopted by City Council zoned several parcels for residential use that were identified in the future land use map of the Old Southwest Neighborhood Plan as village center properties. Only the proper- ties that were at the time of a commercial use, were zoned CN, Neighborhood Commercial. However, all of the properties in the village center of the future land use plan, will be publicly considered for village center uses if appropri- ate plans and rezoning application are submitted. The structures in question are of a residential design. The current zoning will allow these properties to be used for residential development until appropriate steps are taken to con- vert them into commercial uses. If and when such requests are submitted, the public will have the opportunity to review the plans and comment. Future Land Use The future land use map has been updated from the previous plan to reflect the zoning changes made in 2005. While it primarily matches the zoning pat- tern, a couple of areas are identified for potential changes. The future land use map of the neighborhood reflects a balance between the desired development pattern that resid~nts would like to see and the exist- ing conditions and land use in the area. This map will be used as a guide for the zoning of the neighborhood whenever zoning ordinance and/or zoning map amendments are proposed. The overall land use plan reflects the neighborhood's core residential function, its physical relationship to downtown to the north, to existing and proposed commercial/institutional uses to the east, and to natural and physi- cal barriers to the south and west. The core residential area, primarily located to the west of Franklin Road, is slated to remain residential with single-family housing the predominant use. Large public open spaces should be retained and enhanced, and appropriate natural buffers to the Roanoke River should be established and maintained. The land use plan also recognizes a small existing node at the intersection of Elm Avenue and Ferdinand Avenue for small scale low intensity commercial activity. To the east of and including Franklin Road, is an area proposed to remain a combination of residential and office uses. The area along the Jefferson Street corridor, south of Mountain will remain a commercial corridor, though the range of future commercial uses should be focused on those complimen- 22 Old Southwest Neighborhood Plan tary to the neighborhood and to redevelopment efforts further south along Jef- ferson Street. Jefferson Street is Roanoke's historic main street and it should extend the development pattern of downtown while at the same time provid- ing a transition to outlying neighborhoods. The northeastern portion of the neighborhood should provide a transition between the neighborhood and the commercial uses to the north in the core of downtown. This area should have a mix of downtown housing and com- mercial uses at densities higher than in the core ofthe neighborhood. These types of uses include a mix of residential structures, with those south of Elm Avenue not exceeding three stories, restaurants, offices, convenience/special- ty retail establishments, and financial institutions, oriented to the street with appropriate site/landscaping improvements with off-street parking to the rear or in an enclosed structure. In addition to the 5th Street Village Center, an area that should be con- sidered for land use changes is the north side ofthe 600 block of Marshall Avenue. These properties are currently zoned D, Downton, but should ideally be developed for residential use consistent with the opposite side of the street. Most of these lots are vacant at present, and their small size would limit vi- able residential development. However, combining some or all of these lots would create a good opportunity for infill residential development. Grandfathered Land Uses Many properties in Old Southwest are "non-conforming" and have "grand- fathered" land uses. The grandfather clause is a legal distinction that grants a property owner the right to continue an established use after a locality changes the zoning of the property. In addition to land uses, building and lot dimensions can also be considered "nonconforming." In Old Southwest, a number of multi-unit structures are non-conforming with the current zoning ordinance. The number of such properties increased significantly after the adoption ofthe new zoning ordinance in 2005. While these properties do not meet the intent of the zoning ordinance, it is important to recognize their legal rights to continue in the manner in which their use was originated. Community Design Issues: · At intersection with Elm Avenue, 5th Street is not conducive to pedestrian friendly, village center development Lack of street trees on some streets Old Southwest Neighborhood Plan ~ , Old Southwest Current Zoning I I i r Zoning District _ IN: Institutional I - [ZZI MX: Mixed Use ~_I CN: Neighborhood Commercial ~;::j MX(c): Mixed Use w/Conditions CN(c): Neighborhood Commercial w/Conditions D RM-1: Single-family, Limited Duplex _ 0: Downtown _ RM-2: Mixed Density Residential D(c): Downtown w/Conditions _ ROS: Recreation & Open Space Off/- 'i! , / c? J JI Gr' " " f '\ q $ it '\(.,,\',; \~\" ,,?"\.~~~ !S,,% \'B:dP /1" " " "'l\\? '" 1\ h ~ ~ \ ~ Old Southwest Neighbo~'hood Wian' , " " ~ ) \ /f Ii Old Southwest Future Land Use Village Center Old Southwest Neighborhood Plan Residential Development The City's Strategic Housing Plan identifies Old Southwest as an "urban advantage neighborhood" and notes that it has generated most ofthe applica- tions to the Department of Real Estate Valuation for rehabilitation tax exemp- tions (formerly referred to as "tax abatement"). The plan identified the north- ern edge of the neighborhood, particularly Elm, Day, and Marshall Avenues as a neighborhood strategy area. Since the previous Old Southwest plan was adopted in 2003, and the Strategic Housing Plan in 2006, significant progress has been made in this section ofthe neighborhood, while new development and extensive renovations are underway in other areas. Residents say the quality of housing is a major draw for the neighbor- hood. Preserving the early housing stock retains the neighborhood's sense of character and continuity in design. While new housing units have been added over the years, signaling confidence, the growing real estate market in the neighborhood has been fueled primarily by private investment in the renova- tion and restoration ofthe neighborhood's original homes. The need for a more appropriate balance between single-family and multi- family units was a recurring theme expressed by Old Southwest residents during the planning process of the original plan. City residents also raised this sentiment during the development of Vision 2001-2020. As a result, a housing policy in Vision 2001-2020 states, "The City will have a balanced, sustainable range of housing choices in all price ranges and design options that encourage social and economic diversity throughout the City." According to the 2000 Census, Roanoke has 45,257 housing units, 64.7% of which are single-family. The City's homeownership rate is 56.3%. In con- trast, Old Southwest has 2,177 housing u,nits, 1,918 of which are occupied. Only 22% ofthe occupied units are owner-occupied, with multi-family units making up over 84% ofthe total. The 2010 Census data will undoubtably reveal significant shifts in these numbers with greater owner occupancy in the neighborhood. r Since the previous plan's adoption, several significant development proj- ects have gotten underway, including Miller's Hill, renovation ofthe former Cotton Mill building just outside of the neighborhood on 6th Street, and a townhouse development on Janette Avenue. Old Southwest Neighborhood Plan Janette Avenue (Victory Garden) Townhomes '''Victory Gardens" became an international trend during World Wars I and II to reduce food costs. The land of the Janette Avenue Townhomes was once used for neighborhood garden- ing. Source: Wikipedia The Janette Avenue Townhomes is the largest development of new construction the neighborhood has seen in many years. The site of the town- homes was once the neighborhood's "Victory Gardens," where neighbor- hood residents planted fruits and vegetables during World Wars I and II. The development of these units addresses two major needs identified in the Strategic Housing Plan; increasing the homeownership rate, and the supply of townhomes and condominiums, which were previously lacking in Roanoke's market. In late 2003 development of six new townhomes on the western end of Janette Avenue began. By early 2005 all of the units were complete, sold and occupied. In 2006 the same developers were granted a certificate of appropri- ateness from the ARB to bulid 20 similar townhomes on over three and a half acres on the western end of Janette and King George Avenues. At the time of the planning process, a few ofthese units were occupied, while construction is not yet complete on the majority. Once finished, the 20 units will be spread among five groups with four units side by side. Janette Avenue was extended for the development and now connects to King George Avenue in a semi-circular pattern. Private alleys were created to the rear of the units for access to off-street parking and space for solid waste pickup. The design of the site followed the traditional development pattern of the neighborhood as much as possible, while adjusting to the limitations of the site, such as the railroad tracks and the flood plain. The site has almost two acres of "common area" that will be maintained by a homeowner's association, most of which is green space. A number of trees had to be cleared for the development, however many new trees have been planted to restore the natural buffer between the railroad tracks and the neighborhood. Old Southwest Neighborhood Plan Table 3: Housing, 1990-2000 Source: u.s. Census Bureau Table 4: Housing, 2000 - 2008 Source: City of Roanoke, Real Estate Valuation * Values of '0' were not included in calculation, but are considered a transaction **Denotes no. of parcels, not housing units, & assumes occupancy based on mailing address Miller's Hill In 2005, a private investment group approached the Roanoke Redevelop- ment and Housing Authority (RRHA) about selling 17 properties on the 400 block of Day Avenue at a minimal cost. The RRHA subsequently not only purchased the properties with funding from the City, but also began an exten- sive and comprehensive historic renovation of the structures to return them to their roots as single-family homes. The RRHA partnered with Hill Studio, Breakell, Inc., Old Southwest, Inc., real estate agencies and various City staff to fine tune a plan for each structure based on its specific history and current market demands. Several homes sold quickly, some before construction was completed. At present, the project has slowed down due to the national housing market slump. However, recently several more units were sold. Old Southwest Neighborhood Plan Cotton Mill The redevelopment ofthe former Cotton Mill building on 6th Street just north ofthe neighborhood began in 2007. The building will feature 108 units, and will include several live/work units that will cater to artist studios. The redevelopment of the Cotton Mill property with full occupancy of residential units will alter the area considerably, and should provide a much needed boost to the blocks of Marshall Avenue nearby. The parking lot for the Cotton Mill residents faces 'and will be accessed from Marshall Avenue. On- street parking will need to be monitored in the area in response to increased demand. The visibility and activity of residents in the area will help connect the northern end ofthe neighborhood to downtown, and make the area more attractive for potential homeowners. Elm, Day, and Marshall Avenues Despite the strong civic pride that exists among some homeowners in this area, there remains great room for improvement. Several of the neighbor- hood's poorly maintained rental properties are on these streets, and criminal activity is still a major concern. The best long-term solution for Elm, Day, and Marshall Avenues is an improved housing stock with more homeowners to complement those already there. There are a number of structures that offer opportunities for the kind of redevelopment that's occurred elsewhere in the neighborhood. This part of the neighborhood is in greatest need of improvement, which should be considered in any future investment in Old Southwest. Old Southwest Neighborhood Plan Health Department Site The City Health Department, located on 8th Street abutting the northern edge of Old Southwest, is in the process of relocating its current offices. The City owned 1.7 acre site is proposed for a residential development. Once the move is complete, a request for proposal will likely be advertised to attract developers. The site offers another opportunity to redevelop a significant space close to the neighborhood and bring in new homeowners to the area. While this site is just outside the boundaries of Old Southwest, its develop- ment could have a tremendous impact on Marshall Avenue and the northern side of the neighborhood. Old Southwest residents should take an active role in any public meetings pertaining to this site, and any development should compliment the neighborhood in terms of land use and design. It lies within the H-2 Historic District, thus requiring the design of the site and structures be approved by the ARB, as well as any demolition. Key Issues: · Abundance of non-conforming residential units · Concentration of sub-standard units on portions of Elm, Day, and Marshall Avenues · Lack of market activity on portions of Elm, Day, and Marshall Avenues Old Southwest Neighborhood Plan Economic Development As previously noted, Old Southwest's commercial development consists of a concentration of office uses on and to the east of Franklin Road, and miscellaneous pocket or corner establishments in the western portion of the neighborhood. However, there is substantial redevelopment underway near the edges of the neighborhood, with potential projects on the horizon as well. The e~pansion of the central business district around the Jefferson Center has promoted revitalization at the northern edge of the neighborhood around Sixth Street and Marshall Avenue. Jefferson Street is a commercial corridor that extends into downtown and is the eastern edge ofthe neighborhood. Jefferson Street is lined predomi- nantly with medical offices and parking lots, however the Jefferson Street and Walnut Avenue area has several other commercial amenities. In addition, the office district between Franklin Road and Jefferson Street, includes a variety of services. Elm and Ferdinand Avenue intersect at a busy thoroughfare by the Wasena Bridge. Currently, there are two commercial establishments at this intersection. During the public workshops residents expressed support for more pocket commercial uses and improvements to the village center to attract more ser- vices. Village Center The Fifth Street village center has seen little development of neighborhood commercial land use. However, some plans are in progress and nearby prop- erties that are currently available offer opportunities to spur some economic growth and transform this area with a seamless transition from the neighbor- hood to the Jefferson Center area and downtown. One positive development is the convenience store at 5th and Elm, which recently added gas pumps and underwent a significant transformation in the appearance of the building as well as the general operation ofthe business The redevelopment ofthe Cotton Mill building on 6th Street just north of the neighborhood is currently underway. As it is currently planned, the build- ing will feature 108 units. Beside and across from the Cotton Mill on oppos- ing corners of Marshall Avenue and Sixth Street are two recently redeveloped buildings, one as a restaurant, the other as the property management office for the Cotton Mill. -, Old Southwest Neighborhood Plan Two City-owned properties near the village center offer developmentop- portunities: · The former YMCA building at the corner of Church Avenue and 5th Street. This building has been vacant since the development of the new YMCA across the street. The site is over 1.2 acres and includes the 57, 868 square foot building and a parking lot. At present, the City has a developer under contract to redevelop this site with commercial and residential units. · Fifth Street and Luck Avenue. This property is over 1.3 acres and is currently being used as a parking lot with no structures on it. Both ofthese properties require a plan for mixed use with parking. Both are also within Enterprise Zone One A, making them eligible for several incentives. Due to the current and potential projects near the 5th Street village center, it is recommended that the boundaries and concept of the village center be expanded. While zoning changes aren't necessary, streetscape improvements should be considered that will define the area, and make it more attractive, and pedestrian friendly. Key Issues: · Lack of a sense of place and attractiveness in the 5th Street village center · Lack of commercial services within walking distance Old Southwest Neighborhood Plan Transportation and Infrastructure Existing Transportation System The streets of Old Southwest are arranged in a traditional grid pattern, with most characterized by narrow lanes, on-street parking, sidewalks and street trees. The neighborhood's local streets are a good example of how residential streets should be designed to accommodate vehicles while not compromis- ing safety and pedestrian access. Most of the intersections have four stop signs, a feature that is rarely employed elsewhere in the City. The stop signs, combined with the relatively narrow width of the streets and the presence of parked vehicles, keep traffic at a reasonable speed. These features should be maintained, though additional tree planting is needed on most streets through- out the neighborhood where the planting strips are wide enough. Old Southwest has an urban design feature that also functions as a traffic calming device, Argonne Circle, which was originally designed as a park. Argonne Circle is located at the intersection of King George Avenue and Fourth Street. Neighborhood residents expressed the importance of maintain- ing this feature. Calvin Place, at 4th Street and Janette Avenue, was originally a counterpart to Argonne Circle, however it was impacted by the development of the Roy L. Webber Expressway (Route 220) and half of it is now privately owned. Interest in seeing this portion of Calvin Place acquired and restored as public green space was expressed in the public workshops. In contrast to the residential. streets in the neighborhood, which have man- ageable volumes and of traffic at reasonable speeds, Old Southwest has four collector streets which link to arterial streets; Franklin Road, Elm Avenue, 5th and Jefferson Streets. These streets bring large numbers of vehicles through the neighborhood every day. These streets, Jefferson and Fifth Streets, Elm Avenue, and Franklin Road, all need to be evaluated for future changes that will maintain their current function while better integrating them into the neighborhood. .,., jj Old Southwest Neighborhood Plan ~ f .~-~~-' .1,' , , , " ~ II. ~\ \ Old Southwest Street Framework Collector Streets Local Streets Up// \' ~ "~ Old Southwest Neighborhood Plan Franklin Road Franklin Road is the major arterial street that serves the neighborhood. Franklin Road connects to Routes 419 and 220, which are major arterial routes for the southwestern side of the valley. Franklin Road is also one of the City's main gateway streets, connecting to downtown via Old Southwest. The capacity of the street is adequate for projected traffic and there are no current plans for improvements to Franklin Road, however some intersections need to be improved for pedestrian safety, most notably at Elm Avenue. Most of Franklin Road is two lanes wide. The northern end widens as it enters downtown. At its southern end it has two travel lanes and a center turn lane that alternates sides in different blocks. The turn lanes allow access to the offices along the street while allowing through traffic to continue without stopping. At the same time however, the continuous flow of traffic makes Franklin Road difficult to cross for pedestrians. A traffic signal at Walnut Avenue is the only point at which motorists might have to stop before or after Elm Avenue. Intersection improvements that would improve pedestrian safety and accessibility .should be considered for the most frequently traveled streets. Due to the narrow width of the streets intersecting Franklin Road, altera- tions to the curb might negatively impact turning radii. Therefore, changes to the street pavement such as stamped or painted crosswalks, are likely to be preferable. Overall, given the land use and volume of traffic on Franklin Road, it is a street that at present adequately serves the neighborhood and commuter traf- fic. However, as previously noted, it is not easy to cross for pedestrians. Short term changes to Franklin Road should focus on pedestrian accommodations at the intersections, while long-term the street should be evaluated per the City's Street Design Guidelines to determine if more substantive design alterations need to be implemented. Elm Avenue Elm Avenue connects to Route 221, also a major arterial route for the southwestern side of the valley. For this reason, it is a busy street. Traffic is often backed up during peak times at the intersection of Ferdinand Avenue on the Wasena bridge, and also at the intersections of Fifth Street and Franklin Road. It should be noted however, that typically the queue of vehicles doesn't usually last beyond one signal change's time period. However, Elm Avenue is projected to see increases in traffic over the next 10 years. In addition, much like Franklin Road, crossing Elm Avenue is often not easy due to heavy traffic and motorists not slowing down for pedestrians. In particular, 5th Street is not conducive to village center pedestrian activity, although the previous plan recommends development of the village center there. Elm Avenue has for years been a de facto dividing line between the more revitalized southern, and Old Southwest Neighborhood Plan less revitalized northern sides of the neighborhood. The street will continue to attract large numbers of vehicles, but slowing the traffic down while allow- ing it to flow with fewer stops at traffic signals could improve conditions for motorists and residents alike. A long-term strategy for Elm Avenue is the neighborhood's most signifi- cant infrastructure need. A comprehensive approach should be developed to address the segment from Ferdinand Avenue to Franklin Road. Potential improvements based on the Street Design Guidelines might include: · Consider landscaping and placing public art in the public right-of-way of Ferdinand Avenue where it intersects with Elm Avenue. · Stripe parking lanes on one or both sides of the street to reduce the number of travel lanes to two. Allow full-time on-street parking on the north side of Elm Avenue at appropriate sight distances from intersections. · Consider improvements at the intersection of Elm Avenue and Fifth Street that will make it easier and safer to cross for pedestrians. · Consider improvements at the intersection of Elm Avenue and Franklin Road that will make it easier and safer to cross for pedestrians.. 5th Street Fifth Street is a gateway into the neighborhood and features a variety of commercial us~s on the edge and north of Old Southwest. As it is slated for village center development, 5th Street should be easily accessible and at- tractive to pedestrians and motorists coming to visit. There has been recent improvement with a couple of businesses in the village center, however the current traffic pattern of 5th Street is not conducive to neighborhood commer- cial development. The southbound side ofthe street is two lanes wide north of Elm Avenue. The inside lane could be used for on-street parking while maintaining both turn lanes at the intersection with Elm Avenue. In addition, while maintaining the segments of brick sidewalk on the western side of the street, trees should be planted where feasible. Old Southwest Neighborhood Plan Jefferson Street Jefferson Street is the eastern boundary ofthe neighborhood, however it is largely detached from it. On a positive note, Jefferson Street's commercial, auto-oriented development does not encroach significantly into the neighbor- hood west of 1 st Street, and the mixed use district co-exists well with the uses on Jefferson Street, at least to the extent there appears to be no . land use conflicts. However, Jefferson Street could be much better integrated with the neigh- borhood and downtown. Jefferson Street was once the City's main street. Originally an urban and early suburban street, modern suburban development has replaced much ofthe early structures. This development, while serving a regional clientele, is low density and an inefficient use ofthe land. The street connects downtown and the South Jefferson Redevelopment Area, passing right by Old Southwest. A rubber tire trolley service, The Star Line, began running from downtown to the South Jefferson Redevelopment Area in November 2008. The Star Line, combined with development under- way downtown on Jefferson Street, could present opportunities for redevelop- ment on the eastern edge of Old Southwest. Jefferson Street has four travel lanes with curb, gutter, sidewalk, and some decorative lighting but very few trees. There isno on-street parking. At pres- ent, Jefferson Street is not in dire need of any improvements and any changes to it are not crucial for the neighborhood. However, as the South Jefferson Redevelopment Area takes shape, Jefferson Street will need to be evaluated, and potentially re-designed per the Street Design Guidelines. Old Southwest Neighborhood Plan Proposed 1-73 Route Alleys Parking and Lighting Neighborhood residents, particularly those located closer to 1-581 and U.S. 220, have expressed concerns about the noise generated by passing automobiles. Improvements such as noise barriers will not be considered by the Virginia Department of Transportation unless there are plans to widen or improve the existing roadway. Currently, plans for Interstate Route 73 (1-73) follow the path of the present Route 220 within the City limits. Residents of Clarke Avenue in particular, will be impacted by the creation of 1-73. Any noise barriers installed along this segment of the current Route 220, should take into consideration the historic character of the neighborhood. Old Southwest residents feel that alleys are an important asset to the neigh- borhood. Alleys are an important part of Old Southwest's traditional neigh- borhood design, and several original brick alleys remain in good condition. Alleys that are part of the original grid street pattern should be preserved and continue to be used for solid waste service. Residents have reported that some alleys in the Elm, Day, and Marshall Avenue area are littered with trash and tires. Clean-up efforts, such as Block Pride, sponsored by neighborhood residents and City staff encourage residents to take a proac~ive approach to alley maintenance. Residents are required by City Code to maintain the portion of the alley that adjoins their property to the center line. Still, better maintenance of the alleys by residents is needed as well as more aggressive code enforcement to discourage dump- ing in alleys. The narrow streets and on street parking of Old Southwest act as a traf- fic-calming device in the neighborhood. However, the neighborhood's high residential density and professional offices create a relatively large demand for parking. Urban neighborhoods such as Old Southwest usually lack the area for parking that can be found in more suburban areas. City Council adopted a residential parking program, which allows some neighborhoods to limit parking on their streets to residents via a vehicle sticker. The neighborhood may consider implementing the program in certain portions of the neighborhood to address parking issues. Rezoning the neigh- borhood in 2005 to decrease the density is the best long-term parking strat- egy, as more houses are restored to their original single-family designs, the demand for parking will decline. Old Southwest Neighborhood Plan The neighborhood has expressed concerns about inappropriate, inadequate (too dim) or absent street lighting in some areas. At the same time, residents also expressed concerns with lighting fixtures that are too tall and illuminate excessive glare. Recently, Old Southwest, Inc. received a neighborhood de- velopment grant to install pedestrian scale period lighting on several streets. Complete Streets In 2008, City Council adopted the Complete Streets Policy. The policy states "the City shall routinely plan, fund, design, construct, operate, and maintain their streets according to the Complete Street principles of the City's "Street Design Guidelines" with the goal of creating an attractive connected multimodal network that balances the needs of all users, except where there are demonstrated exceptional circumstances." The Street Design Guidelines were adopted by the Planning Commission in 2007, and provide recommen- dations and typical sections for retrofitting existing streets, and designing anew. All streets should provide means for multimodal transportation (pedestri- ans, bicycles, and motorized vehicles). Pedestrian and bicycle transportation are encouraged by providing complete.sidewalk systems and bicycle accom- modations. Pedestrian accommodations can be improved by completing gaps in the sidewalk system and providing marked crosswalks at busy intersec- tions. Particular areas of concern are the 5th Street Village Center, and the intersection of Elm Avenue and Franklin Road. Because of low traffic volumes and speeds, local streets should provide safe bicycle travel without special accommodations. Accommodations, as identified in the City's Street Design Guidelines (e.g., wider travel lanes, marked bike lanes, etc.) may be required on collector streets because of higher volumes of traffic and higher speeds. Specific neighborhood concerns include multimodal access to the Roanoke River Greenway. Sidewalks are a vital part ofthe streetscapes in Old Southwest. The side- walks make Old Southwest a pedestrian-friendly neighborhood, with down- town, Highland Park and the Roanoke River only minutes away by foot Most of the streets in the neighborhood have curb, gutter, and sidewalk, with a few exceptions. The previous Old Southwest Neighborhood Plan included a list of portions of eleven streets which lacked curb and/or sidewalk. The status of these projects is included in Table 3 on the following pages. Much of the list has been completed, however several areas in Old South- west are in need of new sidewalks, and some existing sidewalks are in need of repair. Of particular importance to the neighborhood are its brick sidewalks. Old Southwest Neighborhood Plan Per the H-2 Design Guidelines, these sidewalks are required to be maintained to preserve the bricks, and the method and pattern in which they were origi- nally laid. No surface treatment or adhesives should be applied to them. Many sidewalks appear to be in disrepair due to their proximity to old trees. Throughout most of the neighborhood little more than two feet of grass separates the sidewalk from the curb where trees have been planted. Many of the trees that were originally planted in these rights-of-way are still alive, and their roots have broken up or created undulations in nearby segments of side- walks. Preserving and increasing tree canopy is a primary goal of the City's Urban Forestry Plan. Throughout the City, these old, large trees are a major part of the City's overall tree canopy. They provide numerous environmental benefits, such as reduction of storm water runoff, reduction of carbon and improved air quality. Trees also provide shade in spring and summer, which reduces temperatures and in turn, energy consumption, plus making streets more pedestrian friendly. The zoning' ordinance includes tree canopy require- ments for all new developments. Trees are a vital component of complete streets, as are sidewalks and other pedestrian accommodations, In areas where sidewalks are buckled due to tree growth, the trees should only be removed if they are dead or likely to fall, but not solely for sidewalk maintenance. Such sidewalks that are affected by trees should be maintained as much as possible, while realizing that a flat surface cannot be achieved in some places. Eventually, once the older trees die and must be removed, new trees will be planted that are more suited to the narrow planting strips in the public rights-of-way. Old Southwest Neighborhood Plan "'\ Table 3: Curb, Gutter and Sidewalks The following table lists all of the projects included in the previous Old Southwest Neigh- borhood Plan as well as new streets igentified, and the status of each. Those that are listed "incomplete" will be evaluated for future installation. Street Sidewalk Location Work Required Status 15 Street 800 Block Mountain to Elm New Sidewalk and Curb Alley Incomplete to Elm West Side New Curb East Side 1 5 Street 1000 Block New Sidewalk, mid block West Incomplete Side 1 5 Street 1100 Block . New Curb West Side Incomplete 3ra Street 11-1200 Block New Curb West Side Incomplete 4 % Street 900 Block Mountain to New Sidewalks and Curbs Incomplete Highland East and West Side 4 In Street 700 Block Day to Elm New Curb East Side South of Complete the Alley New Curb West Side 4 In Street 1000 Block Highland to . New Curbs East and West Complete Washington Side SUI Street 1600 Block New Sidewalks East and West Incomplete Side New Curb East Side 6In Street 1300 Block Allison to New Curb Alley to Allison East Complete Walnut Side 610 Street 1400 Block Woods to New Curbs East and West Complete Allison Side 6'" Street 1500 Block King George New SidewalkWest Side from Complete to Woods Alley to Woods New Curbs East and West Side . 610 Street 1600 Block Janette to King New Sidewalk and Curb West Complete George Side New Curb Alley to King Georae East Side 8m Street 600 Block Day to Marshall New Sidewalk West Side Incomplete Albemarle 300 Block East of Franklin New Sidewalk North Side Incomplete Avenue Clarke Avenue 1400 Block New Curb West Side Incomplete Elm Avenue 379 New Curb Complete Highland 700 Block New Curb South Side Complete Avenue Janette Avenue 500 Block Vacant Lot New Sidewalk and Curb South Complete West of 504 Side. Janette Avenue 531 to 6In Street New Curb North Side Complete Woods Avenue 100 Block from Clarke to New Curbs North and South Complete Maple Side Woods Avenue 200 Block New Curbs West of the Alley Complete Woods Avenue 300 Block East of Franklin New Curbs North Side Complete Old Southwest Neighborhood Plan Public Transit Service Currently, fixed-route transit service to the Old Southwest Neighbor- hood is provided by Valley Metro routes 55/56 and 61162 (outgoing buses from Campbell Court downtown have odd numbers, while those returning downtown have even'numbers). On-demand, curb-to-curb transit service is provided by RADAR for physically, mentally disabled, or transportation disadvantaged individuals. The previous Old Southwest Neighborhood Plan proposed the idea, with resident support, of a trolley or shuttle that would link the South Jefferson Redevelopment Area to downtown via Old Southwest. As previously noted, the City has implemented a rubber-tired trolley service connecting downtown to the South Jefferson Redevelopment Area and Carilion Memorial Hospital along Jefferson Street. This service is provided by Valley Metro and the route provides another transportation option to and from downtown. Fiber and Telecommunications Fiber and telecommunications lines serve Old Southwest via several cor- ridors. The primary Jines are located along 5th, 3rd, and Jefferson Streets. Access from these corridors is provided by individual service providers to residents, as there are no public lines in the neighborhood. ~ Old Southwest Neighborhood Plan Parks and Recreation Highland Park Highland Park was Roanoke's first public park. Established in 1901 on a 33-acre tract of land, this community park has served as a center for recre- ational activities and festivals for the entire City, and continues to host events today. In 2001, a festival was held to celebrate the park's centennial anniver- sary. The park is located across 5th Street from the Highland Park Learning Center (formerly Highland Park Elementary School). The park provides a signficant amount of green space within a relatively developed area. High- lights ofthe park include its rolling terrain and lush vegetation, ornamental fencing, adjacent school and its location in an historic neighborhood. The park has two baseball fields, three tennis courts, a basketball court, two tot- lots, a small ampitheater, restrooms, brick paths, and scenic views. Addition- ally, a new dog park (off-leash area) has been designated in the western end of the park. As a "community park," Highland Park follows design standards to make it accessible to multiple neighborhoods, available for family oriented recre- ational opportunities, contain an equitable balance of active and passive rec- reational facilities, maintain a strong landscape design element, and possess an integrated design theme throughout the park property that seamlessly flows into surrounding land uses. Highland Park has witnessed increased use over the years, and as a re- sult has a backlog of maintenance needs. Some of the needed improvements identified include restrooms, parking enhancements, improved traffic circula- tion, better bike and pedestrian access outside of the right-of-way, improved pedestrian level lighting, updated playground equipment, picnic tables, repair and general maintenance of brick paths, and surface improvements to the street through the park. Recently, the street through the park was changed to allow only one-way traffic from Washington Avenue. This should reduce the number of vehicles that are driving through that are using the park unlawfully. Increased visitation, observations and reports to police by nearby residents have helped make the park a family venue. Old Southwest, Inc., has maintained a park fund that it has used in con- junction with City investment in the Park. The organization has procured grants to install period lighting, benches, fencing, relocation of a downtown horse trough, and other various park improvements, such as trees and land- Old Southwest Neighborhood Plan scapmg. At the time of the planning process, the Department of Parks and Recre- ation was beginning to prepare a master site plan per the recommendations of the previous Old Southwest Neighborhood Plan. Such a comprehensive planning approach would balance the existing citizen need with park main- tenance, design, and resource standards, so that a better long-term capital improvement plan can be created to include a sustainable approach to park The Active Living Initiative Active Living by Design is a concept that promotes environments that of- fer choices for integrating physical activity into one's daily life. By designing structures, communities, and environments that reduce automobile reliance and support pedestrian and bicycle activity, physical structures can help im- prove public health by promoting active living. The City values the high quality of life that its citizens enjoy, and recog- nizes that health and the physical environment are key components. Due to our national, state, and local trends in childhood obesity and overall chronic health levels, we have learned that routine physical activity is necessary to prevent premature death', unnecessary illness and disability, enhance physi- cal and mental health, and help maintain a high quality of life for everyone. A healthy environment that is designed to positively affect physical activity by providing pedestrian-friendly amenities would: encourage walking and biking; promote human interaction and social cohesion; remove barriers to activity for everyone; and make healthy levels of physical activity attainable for large numbers of people during their daily routine. It is the desire of the City to create livable, safe, healthy, and attractive environments with a special focus on the landscape design of our built envi- ronments in our neighborhoods, public spaces, parks, green ways, trails, and streetscapes. By designing human-scale communities with buildings, signs, lighting, vegetation, and other improvements, people can feel more comfort- able interacting in and moving around their neighborhood within a safe and visually stimulating system of parks, green ways, and trails. Old Southwest Neighborhood Plan Greenways and Walking Trails As part of the City's active living initiative, greenways and walking/hiking trails are being planned and developed. At the time of the planning process, a "Pathways to Healthy Neighborhoods Plan" was being developed to identify potential walking and bicycle paths for improved active transportation for a multitude of user-types. The term "greenway and/or linear park" are corridors of protected open/ green space used for recreation, conservation and alternate transportation. The regional greenway system links our various water resources, parks, neighbor- hoods, and connects the City to the greater region. In 1997 City Council ad- opted the Roanoke Valley Conceptual Greenway Plan. The plan was updated in 2007 to reflect the changes and progress made to that point, and prioritizes potential greenway corridors. The Roanoke River Greenway is the first prior- ity ofthe plan. The. Roanoke River Greenway runs along the west side of the neighbor- hood. When complete, it will provide a shared-use, paved pathway spanning the entire length of the City along the river. By late 2009, the greenway will extend from Wasena Park through the River's Edge area to the eastern edge of the City, completing a 5-mile section of trail. Eventually, the greenway will extend from Dixie Caverns to Explore Park, creating a 30-mile trail. Roa- noke's portion of the Roanoke River Greenway should be complete by 2012, in conjunction with the flood reduction project. Support for a direct connection to the Roanoke River Greenway and access to trails was widely expressed in the neighborhood workshops. However, the Roanoke River Greenway is in close proximity to Old Southwest, with access by three bridges; Franklin Road, Jefferson Street or Wasena. The latter was recently re-striped with bicycle lanes, which reduced the vehicular travel lanes. Accessing the Wasena bridge from the cuI de sac of Ferdinand Avenue (the land between it and the interesection is public right-of-way) provides direct and convenient access to the Roanoke River Greenway for pedestrians and bikers. Old Southwest Neighborhood Plan The Norfolk Southern railroad tracks and right-of-way are between the greenway and the neighborhood. Creating an intermediate connection to the greenway at Highland Park would require Norfolk Southern's approval and would require significant investment. As long as those tracks remain in use, a new bicycle/ped~strian bridge would likely be the only means of direct access. Nevertheless, ideas should remain open for future possibilities for another connection from the neighborhood to the greenway and the Roanoke River. At the same time, it should be noted that Old Southwest's current connections to the greenway, while perhaps not ideal, are much closer and convenient than for most Valley neighborhoods. Old Southwest residents are adamant in their support for more outdoor recreation amenities, and their desire to connectto greenways and trails. Fu- ture greenway and pathways planning efforts should continue to include the neighborhood and explore ways to connect it. Old Southwest Neighborhood Plan Public Services Fire/EMS The previous Old Southwest Neighborhood Plan noted that the Fire/EMS Department's long-range plan recommended consolidation of Fire Stations One and Three into one larger station. That consolidation has since been completed. The new Roanoke Fire-EMS Station I Headquarters, which serves Old Southwest, opened in May of 2007 at the northeast corner of Elm Av- enue and Franklin Road, right on the edge of the neighborhood. The station is over 29,000 square feet, three stories tall, and houses not only Fire-EMS Crews, but also Fire-EMS Administration, including the Office of the Chief and the Fire Prevention Division. When this station opened it consolidated crews from Fire-EMS Station 3, which was located on Sixth St., SW, and crews from Historic Station 1 on Church Ave., SE. The new station houses Engine 1, Ladder], Medic I, the EMS Supervisor and the Southside Battal- ion Chief. Police The Vision 2001-2020 Comprehensive Plan recognizes the importance of involving the community to solve public safety issues. The City's Police De- partment has adopted a community policing approach. The intention ofthe community policing approach is to strengthen close interaction and mutual cooperation between police, residents, businesses and community groups. The majority of the calls for service in Old Southwest are for domestic disorders, security alarms, alcohol and drug violations, noise violations, and larceny/robbery. The Elm, Day, and Marshall Avenue area is the most problematic, however neighborhood residents are working closely with police officers to concentrate on addressing issues there and have seen substantial progress recently. Old Southwest Neighborhood Plan Officer at Home Residents stated in the public workshops that having a police officer liv- ing in the neighborhood would be of great benefit. If possible, the Officer at Home program should be considered in Old Southwest. Officer at Home is a program administered by Blue Ridge Housing in partnership with the City. The program assists City Police Officers in purchasing a new or renovated home in neighborhoods where their presence will have a positive impact. Neighborhood Involvement Old Southwest, Inc. has an active public safety committee made up of neighborhood residents. The committee meets monthly, and police officers regularly attend. The committee has made considerable progress in facilitat- ing valuable information to the police officers that work in the area. The com- mittee has expressed a need for long-term record keeping to track crime in the neighborhood. In addition to calls for service, the Police Department should work with the committee to create a method of data collection that will allow both to evaluate the neighborhood's progress in the future. Solid Waste Management The Division of Solid Waste Management provides weekly collection of residential refuse, bulk & brush, recycling, commercial refuse collection, sea- sonal collection of leaves, and occasionally hazardous waste. Increasing the volume of recycling is a goal of Vision 2001-2020. Recycling helps conserve energy and natural resources, reduces solid waste, protects the environment, and creates jobs. Old Southwest Neighborhood Plan Highland Park Elementary School Highland Park Elementary School has long been cited by neighborhood and City residents as one of the City's best schools, and one of several rea- sons that homeowners are attracted to Old Southwest. Enrollment was at 317 students in 1995. At the time it was a magnet school and brought in some students from outside of its district. In September 2007 enrollment was down to 220, owing mainly to the small district boundaries it serves and it no longer bringing in as many students from outside its district. While the district is small, Highland Park is a "school of choice" per the No Child Left Behind Act and receives students from other schools which have not met the Stan- dards of Learning requirements. Enrollment went up in the 2008-9 school year due to the recent closing of Forest Park Elementary School. During the neighborhood workshops, resi- dents expressed a strong desire to enable all children in the neighborhood to attend Highland Park Elementary School. \ In April 2009, the School Board adopted a new attendance zone map that will be go into effect in September 2009. In the current school district map- ping, students residing in the northern portion of the neighborhood attend Hurt Park Elementary School. In the new zone for Highland Park Elementary School, all students in the neighborhood except those north of Highland Park and west of 5th Street, will attend the school. Thus, some students that previ- ously attended Highland Park will now attend Wasena Elementary School, while some students that previously attended Hurt Park will now attend Highland Park. In addition, the new zone extends north to encompass all of the Gainsboro and Gilmer neighborhoods. Old Southwest Neighborhood Plan Recommendations Community Design Policies: · Historic Preservation: Old Southwest's character stems from its historically significant architecture, streetscapes, and public spaces. The historic character of Old Southwest must be preserved, protected and enhanced. · ARB Process: The process ofthe Architectural Review Board should emphasize in kind repair and replacement over modification of character defining features. Village center: infrastructure should be conducive to pedestrian friendly, village center development · Future neighborhood commercial development should adhere to the design principles of Vision 2001-2020 for village centers: o Concentrations of higher-density, mixed use development and Iive/ work space. o Increased lot coverage, collocated signs, efficient lighting, on-street parking, pedestrian accommodations and orientation of buildings close to the street that emphasizes pedestrian activity. · Vacant Lots: Parcels that are now vacant should be developed per their appropriate zoning. · Off-street surface parking lots should be limited. Where necessary, surface lots should be located to the side or rear of buildings and heavily landscaped to minimize their visibility. · New utilities should be located underground and existing utilities should be screened from view. when possible. · Neighborhood gateways should include signage to identify the neighborhood. · The tree canopy should be maintained and increased per the City's Urban Forestry Plan. Old Southwest Neighborhood Plan Community Design Actions: · Use the future land use map to evaluate rezoning and special exception requests. In particular, requests for properties in the village center should be considered if the design and uses are supported by the neighborhood. · Maintain the H-2 Historic District overlay zoning and continue public out reach to inform citizens about the Architectural Review Board: o Communicate benefits and purpose of H-2 design review. o Inform residents about the process and when it applies. o Continue to recognize exemplary projects. . · Encourage the appropriate development of vacant lots per the zoning ordinance. · Continue to explore methods to improve the effectiveness of Code Enforcement, including improving communication between City staff, residents, and the Commonwealth Attorney's office, and requesting legislative amendments from the Virginia General Assembly that would bolster the City's police powers in enforcing local ordinances. · Encourage the use of on-street parking by identifying areas where spaces can be added. · Encourage participation in the City's adopt a park/street/spot program for residential street and public space beautification efforts. · Implement the Percent for Public Art Program to place public art in public spaces per the Public Art Plan with the following consideration: o Consider the public right-of-way between Ferdinand and Elm Avenues, Highland Park, and the southwest corner of Elm Avenue and Franklin Road. Plant street trees in accordance with the City's Street Design Guidelines where feasible within the public right-of-way. · Where possible, replace tree canopy within the City's rights-of-way with large deciduous trees. I Old Southwest Neighborhood Plan I Residential Development Policies: Residential Development Actions: . Infill development should be compatible with adjoining development. Vacant structures should be preserved and rehabilitated. Demolition may be considered only per the zoning ordinance standards of the H-2 district. A variety of housing options should be available in Old Southwest, including detached single-family, town homes, condominiums, apartments and live/work units. Property Code Compliance: Property owners are expected to maintain their properties and abide by all City codes. . . . . Use the Residential Pattern Bookfor The City of Roanoke in conjunction with the H-2 Historic District Guidelines as a guide for de signing residential infill. Encourage market rate housing that will increase homeownership in I accordance with the City's Strategic Housing Plan. Continue to marketthe City's Rehabilitation Tax Exemption program, as well as state and federal tax credits, as a means of renovating and restoring structures. Continue the Rental Inspection Program. Include Old Southwest, Inc. and neighborhood residents in public meetings pertaining to the redevelopment of the Health Department site on 8th Street. . . . 'J Old Southwest Neighborhood Plan Economic Development Policies: Economic Development Actions: - ) . Village centers should be designed to promote pedestrian accessibility. Businesses should attract clientele from the neighborhood and else where in the City. Industrial uses and large scale commercial development are not compatible in this neighborhood. Parking: The supply of on-street parking should be maximized along commercial streets as a strategy to encourage short-term parking. Infrastructure: Couple improvements with significant private development when possible. . . . . Expand the neighborhood commerci;:ll district of the original Old South west plan to connect to the Jefferson Center area. Install infrastructure improvements on 6th Street before making any changes to 5th Street: a. Designate 6th Street as a village center between Campbell (out ofthe neighborhood) and Marshall Avenues. Recommended improvements include: i. Curb/sidewalk extensions with trees and landscaping 11. Period lighting . Ill. Stamped crosswalks IV. On-street parking on the south side of the 600 block of Mar shall v. Pinch points at 6th and Marshall such as curb extensions b. Enhance the 5th Street village center with streetscape improvements between Marshall and Elm Avenues per the Street Design Guidelines. Redevelop vacant pocket or corner commercial buildings. . Old Southwest Neighborhood Plan Transportation and I nfrastructu re Pol icies: · Complete streets: Old Southwest will have safe, pleasant streets that accommodate all modes of transportation. · CapacitY enhancements should be discouraged. · Alleys should be retained and maintained, as locations for trash pickup and rear access to properties. · Streetscapes: The streetscapes of Old Southwest are important to main- taining the historic character of the neighborhood. Emphasis shall be placed on the compatible design of sidewalks, street lighting and planting strips. Maintenance of existing streets, sidewalks, curbs and gutters shall be improved, including preservation of original or historically significant infrastructure such as stone curbs and brick gutter pans. · Utilities: Underground utilities are preferable to above ground utilities, and whenever possible installation should be underground. · Street trees: Streets should have mature tree canopies. · Gateways: Gateways are those key entrances to the neighborhood most frequently used by incoming and through traffic. They should convey a , positive impression to residents and through-traffic. Old Southwest Neighborhood Plan Transportation and Infrastructure Actions: Avoid widening of any neighborhood streets for additional travel lanes. Encourage residents to park on street thereby narrowing the effective street width and reinforcing slower travel speeds. Streets should be kept at the minimum width necessary to accommodate vehicular traffic and on-street parking. Complete curb, gutter and sidewalk installation Plant street trees where feasible Consider the following on Elm Avenue between Ferdinand Avenue and Franklin Road: o Evaluate the intersection of Elm and Ferdinand Avenues at the Wasena bridge. o Intersection of Elm Avenue and Franklin Road - consider improvements that will make this intersection easier and safer to cross for pedestrians. '0 Striping each side to create a defined area for on street parking and bicycle lanes if possible. Franklin Road - consider for bicycle accommodations Jefferson Street - improve the Jefferson Street corridor per the Street Design Guidelines. Old Southwest Neighborhood Plan .j Parks and Recreation Policies: Parks and Recreation Actions: . Highland Park should be a safe and accessible park for all City residents, and maintenance of the park is vital to the neighborhood. Greenways and trails: safe connections to nearby parks, trail~ and green ways should be available. Pedestrian Amenities: Residents should have facilities for pedestrian mobility within the neighborhood. Street Trees: Street trees should be installed in accordance with the City's Street Design Guidelines. . . . Highland Park: work with Parks and Recreation to develop a master plan, potentially including pathway and greenway connections. Greenways and trails: explore options to connect Old Southwest to nearby parks, trails and greenways. Plant street trees where possible and replace dead trees as needed . . Old Southwest Neighborhood Plan Public Services Policies: Public Services Actions: Police officers should keep neighborhood residents informed of occurrences of crime in the area. Likewise, residents should provide information to assist officers · . Potential home buyers should be confident that Old Southwest is a safe place to reside. Fire/EMS stations should provide the most efficient service possible Recycling of materials should be done by as many households and businesses as possible to reduce waste The preservation of neighborhood schools and the ability of neighbor hood children to attend them reinforces the neighborhood's attractiveness and viability and reduces transportation demand. . . . . . Work with the Police Department to create a database or other means oftracking crime in the neighborhood, so that Old Southwest, Inc. (or any other body of residents) can keep informed and monitor the progress of crime prevention in the neighborhood. Continue regular Police attendance of neighborhood meetings, and ensure that neighborhood residents are advised of the officers assigned to the zone that includes Old Southwest. Consider the neighborhood for the Officer at Home program, particularly in the northern portion. Promote recycling in the neighborhood through Old Southwest, Inc., businesses and residents Continue to assist neighborhood residents with Block Pride and other cleanup efforts Consider installing appropriate public recycling containers in the village centers Continue to encourage the school board to preserve Highland Park Elementary School as a neighborhood school. Old Southwest Neighborhood Plan Implementation Funding Funding for major infrastructure projects is generally provided through the City's Capital Improveinent Program. Funding can come from a variety of sources, including Community Development Block Grants, transportation funding, state and federal funds, and general revenue. The Capital Improve- ment Program is developed by identifYing needed projects and matching them with potential funding sources. Each project is reviewed and ranked in terms of priority. The chart on the following page identifies major projects, their time frame, the lead agency or department, and potential sources of funding. The cost of most projects such as streetscape improvements is usually determined after more detailed planning is completed. How large projects are funded: The Capital Improvement Program Funding Sources Bonds General revenues State and Federal CDBG Project grants Others Needed Projects Parks Buildings Economic Development Streets, sidewalks and bridges Storm drains Schools Priority projects & their funding sources identified 5-year Capital Improve~ent Program Old Southwest Neighborhood Plan Implementation of Original Old Southwest Neighborhood Plan Below is a list of projects and actions included in the Implementation and Recommendations sections of the original Old Southwest Neighborhood Plan. The projected time period denotes the time needed for implementation from the date of Council adoption of the plan, which was January 21,2003. An updated list of projects and their implementation schedule is on the fol- lowing page. Action Projected Time Lead Sta tus Period Agency Zoning Changes Complete \ I Year PBD Zoning Ordinance Updated on December 5,2005 Code Enforcement Ongoing Ongoing PBD 2 additional zoning inspector positions were created in 2008 Expand H-2 District Complete 3 Years PBD H-2 boudares were expanded to Campbell Avenue in 2005. H-2 Guidelines updated in 2007 Historic Surveys Ongoing 3 Years PBD H-2 will eventually need to be re-surveyed per the Deparment of Historic Resources Develop Village Center at 5th Street/Elm Avenue Ongoing Ongoing PBD,PW Update of the plan includes recommenda- tions for infrastructure Streetscape and Infrastructure Improvements Ongoing Ongoing PW Majority of curb, gutter and sidewalk installed. Update of the plan includes recom- mendations for future installations Plant Street Trees Ongoing Ongoing PR Some trees have been planted, additional list of locations provided in the plan update Expand Neighborhood Watch Watch has not expanded, but the OSW, Inc. I Year PBD public safety committee meets monthly with police officers. Develop a Master Plan for Highland Park Ongoing PR Ongoing Plan development scheduled for 2008 Make Improvements to Highland Park Ongoing PR Ongoing To be identified in Master Plan Develop Greenway Connections Ongoing Ongoing PR Recommendations also included in plan update. Develop streetscape standards in the zoning and subdi- Complete vision ordinances Ongoing PBD The zoning ordinance was updated in 2005, the subdivision ordinance and the Street Design Guidelines in 2007. IdentifY alternative funding sources for burying Ongoing aboveground utilities throughout Old Southwest Ongoing PW Zoning ordinance requires underground utilities for new development unless above ground service is available Consider establishing public shuttle routes linking the Complete PBOR'fltlJldowgt&ltildihg@ltli~1I1~uent Ongoing VM Star Line trolley began operation in Fall 'w = Public Works 2008 VM = Valley Metro PR = Parks and Recreation Old Southwest Neighborhood Plan Implementation of Old Southwest Neighborhood Plan Update Below is a general guide to the time needed to carry out the actions of this plan. It is intended to assist with scheduling priority projects, but does not provide a specific time frame for each item. Action Y-I Y-2 Y-3 Y-4 Y-5+ Lead Potential Funding Sources Agency Plant street trees per the list provided * PR PR Operating Fund Complete the Architectural Pattern Book * PBO PBO Operating Fund Include Old Southwest, Inc. and neighborhood residents in public meetings pertaining to the redevelopment of * PBO PBO Operating Fund the Health Department site Install village center infrastructure improvements on 6th Street to coincide with the Cotton Mill redevelop- * PW PW Operating Fund ment Enhance the 5th Street village center with streetscape improvements between Marshall and Elm Avenues per * PW PW Operating Fund the Street Design Guidelines. Complete sidewalk infill per the curb, gutter and * PW PW Operating Fund sidewalk list Evaluate options for Elm Avenue between Ferdinand * PW PW Operating Fund Avenue and Franklin Road Improve the Jefferson Street corridor per the Street * PW PW Operating Fund Design Guidelines Develop a Master Plan for Highland Park PR PR Operating Fund Work with the Police Department to create a database * PO PO Operating Fund or other means of tracking crime in the neighborhood Evaluate the current school districts and determine if Highland Park Elementary School's district should be * CS CS Operating Fund changed Conside.r installing appropriate public recycling con- * PW PW Operating Fund tainers in the village centers PB & D = Planning Building and Development VM = Valley Metro PW = Public Works PR = Parks and Recreation PD = Police Department The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - -- CITY OF ROANOKE, PDV PLANNING, BLDG., DEV 215 CHURCH RM 166 ROANOKE VA 24011 REFERENCE: 80076514 11498136 NPH-Amend Vision 200 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\~~. Sworn and subscribed before me this ___~~~ay of JULY 9. Witness my hand and official seal. PUBLISHED ON: 07/04 07/11 ,\\1"""", ,\ ~O'( A /'" "I, ""~~""""'~;'~'" ~ qj,' NOTARY', ~ -:. 2 ... PU8L1C ", "'t- ~ ~ * f REG. #7090930 ': = = C": MY COMMISSION .: * = -:. <3'. ml/~ .. ~ :: S ~ ". ~ l::J t... ~ .:: .. VA, ". . r;$-' "', 'YIy, ........ ~~ ,,' "" CALTH Ot "" """",,\\' TOTAL COST: FILED ON: 468.00 07/11/09 NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Monday, July 20, 2009, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the I Council Chamber, fourthl floor, in the Noel C. Taylorl Municipal Building, 215 Church Avenue, S.W.,1 Roanoke, Virginia, to: consider the following: . Request to amend Vision. 2001-2020, the City~sl comprehensive plan, to! delete the current Old\ Southwest Neighborhoodl Plan, dated January 21'1 2003, and adopted by City I Council on January 21, 2003, from Vision' 2001-2020, and to include' in Vision 2001-2020, the Old I S9,uthwest Plan, dated June: .1$, 2009, suchl neighborhood plan! identifying five priority, initiatives: cOdel enforcement, Highland Park, village center, transportation, and public sa f eJ y; as .we II as i recommendations on i community design policies and actions, residential development policies and a c't.i <> n's, e con 0 m i c develop'ment pOlicies and actions, transportation and 'infrastructure policies and actions, parks and recreation policies and actions, and public services policies and actions. . A copy of the plan is: available for review in the' Office of the City. Clerk, I Room 456, Noel C. Taylor I Municipal Building, 215 I' ,Church Avenue, S.W., IRoanoke, Virginia. All parties in interest and I citizens may appear on the : "above date and be heard on i the matter. It you are a , ~-~-- ---- - --- II persori'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 this1st day of July, 2009. Stephanie M. Moon, CMC City Clerk. )(11498136) . t. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - -- A~thorized v::- .:tJJ~. r "/A A . ;...'" A _ S 'gna ture, _~_._ {~LLl.L1-_' B i 11 ing Servi ces Representa ti ve { ~\D\ \M~~ NOTICE OF PUBLIC HEARING The Council ofthe City of Roanoke will hold a public hearing on Monday, July 20,2009, 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 to amelid Vision 2001-2020, the City's comprehensive plan, to delete the current Old Southwest Neighborhood Plan, dated January 21, 2003, and adopted by City Council on January 21,2003, from Vision 2001- 2020, and to include in Vision 2001-2020, the Old Southwest Plan, dated June 18,2009, such neighborhood plan identifying five priority initiatives: code enforcement, Highland Park, village center, transportation, and public safety; as well as recommendations on community design policies and actions, residential development policies and actions, economic development policies and actions, transportation and infrastructure policies and actions, parks and recreation policies and actions, and public services policies and actions. A copy ofthe plan 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 ofthe hearing listed above. GIVEN under my hand this 1st day of Julv ,2009. Stephanie M. Moon, CMC City Clerk. Old Southwest Neighborhood Plan-amend Vision 2001-2020.doc Notice to Publisher: Publish in the Roanoke Times on Saturday, July 4, 2009 and Saturday, July 11,2009. 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: Martha Franklin Planning Coordinator 215 Church Avenue, S. W., Room 166 Roanoke, Virginia 24011 (540) 853-1730 F(540) 853-1230 ) NPH-Code Amendment 36.2-56] .doc 2 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 CECELIA T. WEBB Assistant Deputy City Clerk July 28, 2009 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 38554-072009 amending and reordaining Section 36.2-561, Variances, Section 36.2-704, Nonconforming structures, and Section 36.2-705, Nonconforming uses, of Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended, for the purpose of conforming the City's Zoning Ordinance with State Code. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 20, 2009, and is in full force and effect upon its passage. Sincerely, ~Yv\.~~ Stephanie M. Moon, CMC City Clerk Attachment 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 ~ Darlene L. Burcham July 28, 2009 Page 2 pc: David C. Wells, Clerk, Juvenile and Domestic Relations District Court Raymond F. Leven, Office of the Magistrate Lora A. Wilson, Law Librarian 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 Cecelia T. Webb, Assistant Deputy City Clerk {' \; 0\ ~s\~f' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of July, 2009. No. 38554-072009. AN ORDINANCE amending and reordaining Section 36.2-561, Variances, Section 36.2- 704, Nonconforming structures, and Section 36.2-705, Nonconforming uses, of Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended,. for the purpose of conforming the City's Zoning Ordinance with State Code; 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 36.2-561, Variances, of Division 6, Special Exceptions, Variances, and Appeals, of Article 5, Procedures" Section 36.2-704, Nonconforming structures, and Section 36.2-705, Nonconforming uses, of Article 7, Nonconforming Uses, Structures and Lots, of Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained to read and provide as follows: Sec. 36.2-561. Variances. *** (c) Standards. Subject to the standards and procedures set forth in this section, the Board of Zoning Appeals may grant a variance from the terms of this chapter as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship, provided that the spirit of the Chapter shall be observed and substantial justice done. No variance shall be authorized pursuant to this chapter unless the applicant can show that the property was acquired in good faith and that the literal application of the provisions of this chapter would create an unnecessary hardship that would effectively prohibit or unreasonably restrict the utilization of the property. The applicant shall provide evidence that the variance being sought satisfies this general standard and those standards set forth as follows: O-Amending Section 36.2-561,704-705 (5-7-09).doc 1 -6774664.doc * * * (3) The alleged hardship is a clearly demonstrable hardship approaching confiscatioFl, as distinguished from a special privilege or convenience sought by the applicant. *** Sec. 36.2-704. Nonconforming structures. * * * (c) .^..ny FloFlconformiFlg structure which is damaged or destroyed by any fife to an extent of fifty (50) percent or less of its replacement ,..alae at the .time of the C'/eat, may be rebuilt as long as the structare is FlOt enlarged or altered in any way which increases its nonconf{)rmiag characteristic. .\fly aOflconforming structure '.vhich is damaged or destroyed by any fire to an exteFlt that exceeds fifty (50) percent of its replacement value at the time of the eveFlt, may be rebuilt as long as it thereafter eonforms to the regulations for the district in which it is located. For purposes of this section, replacemeat value shall be determined by the Building Commissioner utilizing the building code yaluatioa table publisbed by the Intemational Confereace of Building Officials (leBO). (cEl) The owner of any nonconforming structure residemial or commercial building which is damaged or destroyed by a-an accidental fire, natural disaster or other act of God, or any other accidental means may repair, rebuild, or replace any such building structure to its original nonconforming condition as long as the structure is not enlarged or altered in any way which increases its nonconforming characteristic. , to eliminate or reooce the Floaconformiag features to the e-xteat possible, without the need to obtaia a variance as provided iFl Sectioa 36.2 561. If such structure cannot be repaired, rebuilt, or replaced except to restore it to its original noncoBformiag wnditioa, the owner shal~ have the right to do so. The owner shall apply for a building permit and any work done to repair, rebuild, or replace such building shall be in compliance with the provisions of the Virginia Uniform Statewide Building Code, and any work done to repair, rebuild, or replace such buildiag structure shall be in compliance with . the provisions of Section 36.2-333, Floodplain Overlay District. Unless such structure is repaired, er-rebuilt, or replaced within two (2) years of the date of the accidental fire, natural disaster or replaced within tT:"O (2) years of the date of the nataral disaster or other act of God, or other accidental means which directly caused its damage or destruction, such structure shall only be repaired, rebuilt, or replaced in accordance with the regulations for the zoning district in which it is located. However, if the nonconforming structure is in an area under a federal disaster declaration and the structure has been damaged or destroyed as a direct result of conditions that gave rise to the declaration, then the owner shall have an additional two (2) years for the structure to be repaired, rebuilt, or replaced as 2 -6774664.doc otherwise provided in this subsection. For purposes of this section, "act of God" shall include any natural disaster or phenomena including a hurricane, tornado, storm, flood, high water, wind-driven water, earthquake, or fIre caused by lightening or wildfIre. Nothing herein shall be construed to enable the property owner to commit an arson under Sec. 18.2-77 or 18.2-80 of the Code of Virginia (1950), as amended, and obtain vested rights under this section. "Accidental means" shall not include any intentional act by the property owner to damage or destroy the structure. Sec. 36.2-705. Nonconforming uses. *** (0 i\.ay aoncoaforming use may be resumed or restored after the structure ia which the use is located is damaged or destroyed from fIre to an exteat of fIfty (50) perccat or less of the replacement vaiue of impro'/ements at the time of the e'/ent, provided that: (1) The replaeement value of impro';ements shall be determined by the Beilding Commissioner utilizing the buildiag code valuatioa table pl:lblished by the Internationai Confer'0nce of Buildiag Officials (leBO); (2) No such nonconforming use shall be increased beyond its exteat prior to its damage or destruction; ana (3) The property owner shail take affirmati';e steps to restore and resume use. of the property within tV/O (2) years of the damage or destruction. (g) If the structur-e in ...,hich a nonconforming use is located is damaged or destroyed from fire to an extent that exceeds fIfty (50) per vent of the replacement value of improvemeBts at the time of the event, the use shall conform to the district regulations of this chapter. For purposes of this sectioB, replacement value of impro';emel1ts shall be det'0rmfned by the Building Commissioner utilizing the buildiflg code 'lalaatiofl table published by the leBO. The Board of ZOBing i\ppeals may grant a special exceptiofl, purS\:laflt to the proceoores set forth in Sectiofl 36.2 560, fDr the replacemeflt or restoratiofl of nonconforming l:lses damaged more than fifty (50) percent by fire subject to the foUowiRg pro';isions: (1) The resuIDfltiOR or restoratioR will flOt iRcrease the nonconforming use beyoad its extent prior to its damage or destrnction; and '(2) The resumption or restoration will comply ',vith all other requirements of this chapter. (fh) Any nonconforming use may be resumed or restored after the structure in which the use is located is damaged or destroyed by fr-an accidental fire, natural 3 disaster or other act of God, or other accidental means without the need to obtain a variance as provided in Section 36.2-561. The owner shall apply for a building permit and any work done to repair, rebuild, or replace the structure in which such use is located shall be in compl~ance with the provisions of the Virginia Uniform Statewide Building Code, and any work done to repair, rebuild, or replace such use shall be in compliance with the provisions of Section 36.2-333, Floodplain Overlay District. Unless such use is resumed or restored within two (2) years of the date of the natural disaster or replaced within two (2) years of the date of the accidental fire, natural disaster or other act of God, or other accidental means which directly caused its damage or destruction, such use shall only be restored or resumed in accordance with the regulations for the zoning district in which it is located. However, if the nonconforming use is in an area under a federal disaster declaration and the use has been damaged or destroyed. as a direct result of conditions that gave rise to the declaration, then the owner shall have an additional two (2) years for the use to be restored or resumed as otherwise provided in this subsection. For purposes of this section, "act of God" shall include any natural disaster or phenomena including a hurricane, tornado, storm, flood, high water, wind-driven water, earthquake, or fire caused by lightening or wildfire. Nothing herein shall be construed to enable the property owner to commit an arson under Sec. 18.2-77 or 18.2-80 of the Code of Virginia (1950), as amended, and obtain vested rights under this section. "Accidental means" shall not include any intentional act by the property owner to damage or destroy the structure in which the nonconforming use is located. '\ 2. Pursuant to th~ provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~ yY). h"\ C)lh0 City Clerk "- -6774664.doc 4 CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning@roanokeva.gov Architectural Review Board Board of Zoning Appeals Planning Commission July 20, 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: An ordinance amending and reordaining Section 36.2-561, Variances, of Division 6, Special Exceptions. Variances. and Appeals, of Article 5, Procedures, Section 36.2-704, Nonconforminq structures, and Section 36.2-705, Nonconforminq uses, of Article 7, Nonconforminq Uses. Structures and Lots, of Chapter 36.2, Zoninq, of the Code of the City of Roanoke (1979), as amended. Planning Commission Public Hearing and Recommendation: Planning Commission public hearing was held on Thursday, June 18, 2009. There was no one present to speak for or against the proposed amendments. By a vote of 4-0 (Ms. Katz and Mrs. Penn absent), the Commission recommended approval of the proposed amendments. Background: Recent amendments to State Code, as enacted by the 2009 General Assembly, are scheduled to go into effect July 1, 2009. In order to comply with the amended State Code, certain amendments to the City's zoning ordinance are required. Considerations: As a result of recently enacted amendments to the State Code, staff has identified the following areas of the City's zoning ordinance which require amendment: · Standards for authorizing variances from provisions of the zoning ordinance. Recent State Code amendments modify the language of one Members of City Council July 20, 2009 Page 2 of the standards that an applicant must satisfy in order for the Board of Zoning Appeals to grant a variance from a provision of the zoning ordinance. Within the standard, "the alleged hardship is a clearly demonstrable hardship approaching confiscation, as distinguished from a special privilege or convenience sought by the applicant," the phrase "approaching confiscation" has been deleted in State Code and is proposed to be deleted from Sec. 36.2-561 (c)(3) of the City's zoning ordinance. · Regulations regarding the repair, rebuilding, replacement, restoration, or resumption of nonconforming structures and nonconforming uses, which have been damaged or destroyed by an accidental fire, or natural disaster or other act of God, have been revised in State Code. Proposed amendments to Section 36.2-704, Nonconforminq structures, and 36.2- 705, Nonconforminq uses, of the City's zoning ordinance allow for a nonconforming structure or use to be repaired, rebuilt, replaced, resumed, or restored to its original nonconforming condition when damaged or destroyed by an accidental fire, natural disaster or other act of God, or any other accidental means, provided it is repaired, rebuilt, replaced, resumed, or restored within two (2) years of the event which directly caused its damage or destruction. Effect of proposed amendments: The proposed amendments. to the zoning ordinance will bring the City's zoning ordinance into compliance with recent amendments to the State Code. . Recommendation: By a vote of 4-0 (Ms. Katz and Mrs. Penn absent), the Commission recommended approval of the proposed amendments, finding that the proposed amendments to the zoning ordinance are consistent with, and will further the . intent of, Vision 2001-2020. Respectfully submitted, ~.)(~~~ D. Kent Chrisman, Chairman City Planning Commission I_~.<, ". :":;:".: r . '" ~, cc: Darlene L. Burcham, City Manager William M. Hackworth, CityAttorney Brian Townsend, Assistant City Manager The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times - - - - -- -- - - - - - - - - - - - - - - - - - - - - - - - - -- -- - - - - - - - - - - - -- -+- - - - - - -- -- -- - - - -- - - - ---- CITY OF ROANOKE, PDV PLANNING, BLDG., DEV 215 CHURCH RM 166 ROANOKE VA 24011 City/County of Roanoke, Commonwealth/State of Vir~a. Sworn and subscribed before me this __1~Y_~ay of JULY 2009. Witness my hand and official seal. _~_ ~otary Public , . \\'11"'//1 \\\\ OV A I :'" ..... 1....., " ..' ~~ .., . . . . );",. ", " ~.,r,. i j "'1'-.. ; ~ ~ ,,' NOTARY", '1: .... : :' PUBLIC ... "'t- -:; ~ * f REG, #7090930 ': * ~ = C?: MY COMMISSION: :: -:. 0 ". WIRES .: ~ :: -:. ~- '. } '~Il" ~ ~ ....-~ .... .' . ($- .::- "', '1'ty, ....... ,-\0 ,," "" rALTH Ot "" "//11111\\\\ F ,. NOTICE OF PUBLIC . HEARING I The Council of the City of i !Roanoke will hold a public .' Ihearing on Monday, July 20, ! !;~~~, t~te~~OaOff~~aso~~:1 ! matter may be heard, in the " Council Chamber, fourth: Ifloor, in the Noel C. Taylor IMunicipal Building, 215 IChu;Ch. Avenue, S.W., .Roanoke, Virginia, to consider the following: I Request from the City of ,Roanoke Planning !Commission to amendj Chapter 36.2, Zoning, of the. Code of the City of Roanoke I (1979), as amended, by, amending and reordainingj the following code ~ections:: / (a) See. 36,2-561, Variances,' (c)(3) to remove the words; : lIapproaching confiscationll,l .1 and (b) Sec. 36.2-704, , Nonconforming structures': and Sec. 36.2-705, Nonconforming uses, for the purpose of conforming the City's Zoning Ordinance with state code provisions relating to .noQconforming structures and uses that have been damaged or destroyed under certain circumstances. A copy of the amendment is available for review in the Office of the City Clerk, Room 456, Noel C. Taylor I Municipal Building, 215 Church Avenu'e, 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 \ this hearing, please contact the City Clerk's Office, at 853-2541, before noon on I the Thursday before the date I .of the hearing listed above. i GIVEN under my hand this 1st day of July, 2009. Stephanie M. Moon, CMC . City Clerk. (11498109) j 1.==------- REFERENCE: 80076514 11498109 NPH-Code Amendment Z 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: PUBLISHED ON: 07/04 07/11 TOTAL COST: FILED ON: 411.84 07/11/09 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - -- Authorized ~ ~ Signature:_~_~_ Billing Services Representative ~,( CA c, \\ I),~ ~ \. ~{ / NOTICE OF PUBLIC HEARING The Council ofthe City of Roanoke will hold a public hearing on Monday, July 20,2009, at 7:00 p.m., or as soon thereafter as the matter maybe heard, in the Council Chamber, fourth floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider the following: Request from the City of Roanoke Planning Commission to amend Chapter 36.2, Zoning, of the Code ofthe City of Roanoke (1979), as amended, by amending and reordaining the following code sections: (a) Sec. 36.2-561, Variances, (c)(3) to remove the words "approaching confiscation", and (b) Sec. 36.2-704, Nonconforming structures, and Sec. 36.2-705, Nonconforming uses, for the purpose of conforming the City's Zoning Ordinance with state code provisions relating to nonconforming structures and uses that have been damaged or destroyed under certain circumstances. A copy ofthe amendment is available for revie~ 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 contactthe 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 ---lst day of July ,2009. Stephanie M. Moon, CMC City Clerk. Code Amendment-36.2-561.doc 1 Notice to Publisher: Publish in the Roanoke Times on Saturday, July 4, 2009 and Saturday, July 11, 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: Martha Franklin Planning Coordinator 215 Church Avenue, S. W., Room 166 Roanoke, Virginia 24011 (540) 853-1730 F(540) 853-1230 NPH-Amend Vision 2001-2020.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 CECELlA T. WEBB Assistant Deputy City Clerk July 28, 2009 Haywood Dunlap, Jr., Treasurer Board of Directors, Northwest Child Development Center, Inc. 1523 Melrose Avenue, N. W. Roanoke, Virginia Dear Mr. Dunlap: I am enclosing copy of Ordinance No. 38555-072009 exempting from real estate property taxation certain property of Northwest Child Development Center, Inc., located in the City of Roanoke, an organization devoted exclusively to charitable or benevolent purposes on a non-profit basis. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 20, 2009, and is in full force and effect on January 1, 2010, if by such time a copy, duly executed by an authorized officer of Northwest Child Development Center, Inc., has been filed with the City Clerk. Sincerely, ~ m, ~tlvv Stephanie M. Moon, CMC City Clerk Enclosure Haywood Dunlap, Jr., Treasurer July 28, 2009 Page 2 pc: la'Kisha M. Jones, Executive Director, Northwest Child Development Center, Inc., 1523 Melrose Avenue, N. W., Roanoke, Virginia 24017 Derrick A. Willis, President, Northwest Child Development Center, Inc., Board of Directors, 1523 Melrose Avenue, N. W., Roanoke, Virginia 24017 The Honorable Sherman A. Holland, Commissioner of the Revenue The Honorable Evelyn W. Powers, City Treasurer Darlene l. Burcham, City Manager William M. Hackworth, City Attorney Susan S. lower, Director, Real Estate Valuation R. B. lawhorn, Budget Management Analyst, Office of Management and Budget 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 JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk September 24, 2009 Sherman A. Holland Commissioner of the Revenue Roanoke, Virginia ~velyn W.Powers City Treasurer Roanoke, Virginia Dear Mr. Holland and Ms. Powers: I am forwarding an attested copy of Ordinance No. 38555-072009, which has been properly executed by the Northwest Child Development Center, Inc., for pu rposes of assessment and collection, respectively, of the service charge established by this Ordinance. Sincerely, s~~~~ City Clerk S M M: ew Attachment pc: Derrick A. Willis, President, Board of Directors, Northwest~<Child Development Center, 1 523 Melrose Avenue, N. W., Roanoke, Virginia 24017 \,-, 4~( '\ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of July,2009. No.38555-0n009. AN ORDINANCE exempting from real estate property taxation certain property of Northwest Child Development Center, Inc., located in the City of Roanoke, an organization devoted exclusively to charitable or benevolent purposes on a non-profit basis; providing for an effective date; and dispensing with the second reading by title ofthis ordinance. WHEREAS, Northwest Child Development Center, Inc., (hereinafter "the Applicant"), has petitioned this Council to exempt certain real property of the Applicant from taxation pursuant to Article X, Section 6(a)(6) ofthe Constitution of Virginia; WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Applicant's petition was held by Council on July 20,2009; WHEREAS, the provisions of subsection B of Section 58.1-3651, Code of Virginia (1950), as amended, have been examined and considered by the Council; WHEREAS, the Applicant agrees that the real property to be exempt from taxation is certain real estate, including the land and any building located thereon, identified by Roanoke City Tax Map No. 2221709, commonly known as 1523 Melrose Avenue, N.W. (the "Property"), and owned by the Applicant, and providing that the Property shall be used by the Applicant exclusively for charitable or benevolent purposes on a non-profit basis; and WHEREAS, in consideration of Council's adoption of this Ordinance, the Applicant has voluntarily agreed to pay each year a service charge' in an amount equal to twenty percent (20%) of the City of Roanoke's real estate tax levy which would be applicable to the Property were the K:\Measures\tax exempt The Northwest Child Development Centerl 709,doc :~: .,. Property not exempt from such taxation, for so long as the Property is exempted from such taxation. THEREFORE, BE IT ORDAINED by the Council ofthe City of Roanoke as follows: 1. Council classifies and designates Northwest Child Development Center, Inc., as a charitable or benevolent organization within the context of Section 6(a)(6) of Article X of the Constitution of Virginia, and hereby exempts from real estate taxation certain real estate, identified by Roanoke City Tax Map No. 2221709, commonly known as 1523 Melrose Avenue, N.W., and owned by the Applicant, which property is used exclusively for charitable or b~nevolent purposes on a non-p,rofit basis; continuance of this exemption shall be contingent on the continued use of the property in accordance with the purposes which the Applicant has designated i~ this Ordinance. 2. In consideration of Council's adoption of this Ordinance, the Applicant agrees to ) pay to the City of Roanoke on or before October 5 of each year a service charge in an amount equal to twenty (20%) percent of the City of Roanoke's real estate tax levy which would be applicable to the Property, were the Property not exempt from such taxation, for so long as the Property is exempted from such taxation. 3. This Ordinance shall be in full force and effect on January 1, 2010, if by such time a copy, duly executed by an authorized officer of the Applicant, has been filed with the City Clerk. 4. , The City Clerk is directed to forw~d an attested copy of this Ordinance, after it is properly executed by the Applicant, to the Commissioner of the Revenue and the City Treasurer for purposes of assessment and collection, respectively, of the service charge established by this Ordinance, and to La'Kisha M. Jones, Executive Director, and the authorized agent of Northwest Child Development Center, Inc. K:\Measures\tax exempt The Northwest Child Development Center] 709,doc 2 " " j 5. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is her~by dispensed with. ATTEST: ;6,~.h-). ~0Y0 City Clerk. ACCEPTED, AGREED TO AND EXECUTED by Northwest Child Development Center, Inc., this m~y Of~, 2009. NORTHWEST CHILD DEVELOPM NT CENTER, INC. By (SEAL) K:\Measures\tax exempt The Northwest Child Development Centerl 709,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 July 20, 2009 Honorable David A. Bowers, Mayor Honorable ShermanP. 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 Subject: Tax Exemption Request - Northwest Child Development Center, Inc. Dear Mayor Bowers and Members of City Council: Background: Northwest Child Development Center, Inc. (NWCDC), a Virginia, non-stock, not for profit corporation owns certain real property known as tax map #2221709 located at 1523 Melrose Avenue, NW, Roanoke. The organization desires the property to be designated as exempt from real estate and personal property taxes pursuant to the provisions of the Code of Virginia. A major portion of the organization's mission is to offer child care service for single parents who desire to work rather than receive assistance. The NWCDC currently serves over 75 children in its day care and afternoon programs. It also offers infant care, pre-school programs, and nutritious, well balanced meals for its children. Its curriculum is designed to prepare the children for transition to elementary education. At present, annual real estate taxes due on the parcel are $4,354 on a total assessed value of $365,900. Considerations: On May 19, 2003, City Council approved a revised policy and procedure in connection with requests from non-profit organizations for tax exemption of certain property in the City by Resolution 36331-051903, with an effective date of January 1, 2003. Based on this policy and procedures, Northwest Child Development Center, Inc., has provided the necessary information required for applications for exem ptions that would take effect January 1 , 2010. As noted above, the assessed value of the real property at 1523 Melrose Avenue is currently $365,900 with annual taxes due of $4,354. In lieu of the $4,354, the Honorable Mayor and Members of City Council July 20, 2009 Page 2 organization would agree to pay to the City an annual service charge equal to twenty percent of the tax levy on the parcel for as long as the exemption continues. In this case, the service charge amount would be $871. Consequently, the City would be foregoing $3,483 in real estate revenue. It has been determined that the organization's personal property is'already exempt from taxation. It paid $ 50 in vehicle license taxes this year. Commissioner of the Revenue, Sherman Holland, has determined that Northwest Child Development Center, Inc. is currently not exempt from paying real estate taxes by classification or designation under the Code of Virginia. The IRS recognizes the organization as a 501 (c)(3) tax-exempt organization. Notification of a public hearing to be held July 20, 2009, was duly advertised in the Roanoke Times. Recommended Action: Authorize Northwest Child Development Center, Inc.'s exemption from real estate taxation pursuant to Article X, Section 6 (a) 6 of the Constitution of Virginia, effective January 1, 2010, if the organization (;!.grees to pay the subject service charges on the real ,estate by that date. The organization's personal property is already exempt from taxation, so no action needs to be taken on it. DLBjrbl c: Honorable Sherman A. Holland, Commissioner of the Revenue Honorable Evelyn W. Powers, City Treasurer 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 Susan S. Lower, Director of Real Estate Valuation Sherman M. Stovall, Director of Management and Budget Ms. La'Kisha M. Jones, Executive Director, Northwest Child Development Center, Inc., 1523 Melrose Avenue, NW, Roanoke, VA 24017 Mr. Derrick A. Willis, President, Northwest Child Development Center, Inc., 1523 Melrose Avenue, NW, Roanoke, VA 24017' Mr. Haywood "Skip" Dunlap Jr., Treasurer, Northwest Child Development Center, Inc., 1523 Melrose Avenue, NW, Roanoke, VA 24017 CM09-00 11 5 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times, - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - -- NORTHWEST CHILD DEVELOPMENT CENTER 1523 MELROSE AVENUE, W ROANOKE VA 24017 REFERENCE: 80026785 11503550 NPH-Northwest Child State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this __l~day of JULY 2009. Witness my hand and official seal. ~. Notary Public PUBLISHED ON: 07/11 \\,,1111"1 ....\\\ ~DY A /~/III ......<c~~ ...."..."""'f ,- "" ... .' N . 'A_" ~ ..' OTAF'iY",'7 "-:. :: ,.. : PUBLIC '. ~ -:. = : A€G. #7, '.-:' = C?: My COM OS0930: = ': 0: ~MISSION : * - -:. ~ '. lR S : :: -:. ~ .... ..' ~~ .. VA, . . =... .. "Ytp, ". .' <;$:'-... ""II C4L TH"O'~' \l\~ ",.. I" r \\\ "'"'11'" TOTAL COST: FILED ON: 162.24 07/11/09 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 NO~CE OF PUBL:l : HEARING I ,> Notice is hereby given that the City Council of the City of, Roanoke will hold a PUbliCI1 hearing at its reg~lar, meeting to be held on July, 20, 2009, commencing at 1:00 p,m" in the Council Chambers, 4th Floor, Noel C! Taylor Municipal Building; 215 Church Avenue, S,W" Roanoke, Virginia, on thei , 'question of adoption of ani ordinanc,e pursuant to' ~5B:1-3651, Code of Virginia (1950)',as amended" approving the request of i Northwest Child Development Center, Inc" for designation of its real property as exempt from taxation, " The assessed value of the applicant's real property located at 1523 Melrose Avenue, N,W" and known as Tax Map No, 2221709 is currently $365,900; and real estate taxes of $4,354 were paid in !he most recent year, Citizens shall have the opportunity to be heard and express their opinions on this matter" If you are a person with a disability'w,ho needs accommodations for this public hearing, contact the ,City Clerk's Office, 853-2541, by 12:00 noon on Thursday, July 16, 2009, GIVEN under my hand this 7th day of July, 2009, , Stephanie M, Moon, Cily Clerk, , I (11503550) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - -- Authorized ~ ~ Signature:_7'~~_ Billing Services Representative NOTICE OF PUBLIC HEARING ~ Notice is hereby given that the City Council of the City of Roanoke will hold a public hearing at its regular meeting to be held on July 20, 2009, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, on the question of adoption of an ordinance pursuant to S58.1-365l, Code of Virginia (1950), as amended, approving the request of Northwest Child Development Center, Inc., for designation of its real property as exempt from taxation. The assessed value ofthe applicant's real property located at 1523 Melrose Avenue, N.W., and known as Tax, Map No. 2221709 is currently $365,900, and real estate taxes of$4,354 were paid in the most recent year. Citizens shall have the opportunity to be heard and express their opinions on this matter. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, 853-2541, by 12:00 noon on Thursday, July 16, 2009. GIVEN under my hand this 7th day of July ,2009. Stephanie M. Moon, City Clerk. K:IMEASURESITAX EXEMPT PH NORTHWEST CHILD DEVELOPMENT CENTER 7 09,DOC Notice to Publisher: Publish in the Roanoke Times on Saturday, June 11, 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: Haywood "Skip" Dunlap Northwest Child Development Center 1523 Melrose Avenue, N. W. Roanoke, Virginia 24017 (540) 342-0233 K:\NOTICES\2009\JUL Y\NPH-NORTHWEST CHILD DEVELOPMENT CENTER TAX EXEMPT, DOC DEPARTMENT OF MANAGEMENT & BUDGET Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 354 Roanoke, Virginia 24011 540.853.6800 fax: 540.853.2773 July 7, 2009 Mr. Haywood "Skip" Dunlap Jr., Treasurer Board of Di rectors Northwest Child Development Center, Inc. 1523 Melrose Avenue, NW Roanoke, VA 24017 Dear Mr. Dunlap: The Northwest Child Development Center, Inc. filed a petition in the City Clerk's Office on June 19, 2009 requesting exemption from taxation on real property located at 1523 Melrose Avenue, NW. The real property is identified as tax map number 2221709. Pursuant to the requirements of the Virginia Code, the City of Roanoke is required to hold a public hearing if it wishes to consider a petition for a tax exemption. At a regular session of the Roanoke City Council held on Monday, July 6, 2009, the Council approved a request of the City Manager to hold a public hearing on Monday, July 20, 2009, at 7:00 p.m., or as soon thereafter as the matter may be heard, to receive citizen comments on the request. Notices of a public hearing with regard to the matter will be published in the Roanoke Times. Your organization will be billed for the amount incurred for publishing the notices. I am forwarding you a copy of a Council Report dated July 20, 2009, from the City Manager's Office addressed to the Mayor and Members of City Council regarding the petition. Although we are recommending authorization for exemption from real estate taxation on the property, please be advised that the final decision with regard to the exemption rests with City Council. Council will also consider citizen comments from the public hearing. It is suggested that a representative from the organization be present at the public hearing on July 20th to respond to questions that may be raised regarding the petition. The session will be held in the City Council Chambers, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W. If you have any questions regarding this information, please feel free to call me at 540-853-1643. ' Sincerely, ,ft, o(~~)- R. B. Lawhorn, Jr. Budget/Management Analyst Department of Management and Budget Enclosure c: Ms. La'Kisha M. Jones, Executive Director, Northwest Child Development Center, Inc., 1523 Melrose Avenue, NW, Roanoke, VA 24017 Mr. Derrick A. Willis, President, Northwest Child Development Center, Inc., 1523 Melrose Avenue, NW, Roanoke, VA 24017 V'Stephanie M. Moon, City Clerk _ - I - -. - -, ,- '~. ';"3"-'-1 I I q b0:lHltlu0 1111l;Jbd':l,J !,_ nJ,.l'_ 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 19,2009 SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke which was held on Monday, May 19,2003, Resolution No. 36331-051903 was adopted with regard to a new policy and procedure for processing requests from non-profit organizations to have property exempted from taxation, pursuant to Article X, Section 6(a)(6), Constitution of Virginia, and repealing Resolution No. 36148- 120202 adopted on December 2,2002. I am attaching copy of a petition, which was filed in the City Clerk's Office on June 19,2009, by The Northwest Child Development Center, non-stock, not-for- profit corporation, requesting exemption from taxation of real property and personal property located at 1523 Melrose Avenue, N. W., pursuant to Section 58.1-3651, Code of Virginia (1950), as amended. Petitions forwarded by the City Clerk to the City Manager by April 1 5 for evaluation and recommendation to City Council will have an effective date of July 1 st. Petitions forwarded by October 15th will have an effective date of January 1 st. Sincerely, ~ hi. ~DlM.I Stephanie M. Moon, CMC City Clerk SMM:ew Attachment K:\Tax Exempt\Northwest Child Development Center acknowledment 06 I 909.doc Darlene L. Burcham June 19, 2009 Page 2 pc: Derrick A. Willis, President, Board of Directors, Northwest Child Development Center, 1523 Melrose Avenue, N. W., Roar:lOke, Virginia 24017 . The Honorable Sherman A. Holland, Commissioner of the Revenue William M. Hackworth, City Attorney Susan S. Lower, Director, Real Estate Valuation R. B. Lawhorn, Budget Management Analyst, Office of Management and Budget K:\Tax Exempt\Northwest Child Development Center acknowledment 061909.doc II n rellelU!lIa!BmflSltmf!!!ll!5reDe!9El!J!)(EB THE NORTHWEST CHILD DEVELOPMENT CENTER 1523 Melrose Avenue, N.W. Roanoke, Virginia 24017 (540) 342-0233 June 17, 2009 BOARD OF DIRECfORS Derrick A. Willis President Stephanie M. Moon, Roanoke City Clerk Room 456, 215 Church Avenue, SW Roanoke, Virginia 24011 Alan Bagby Secretary RE: Northwest Child Development Center, 1523 Melrose Avenue NW, Roanoke; Virginia 24017 also described by Tax Number 2221709, Lots 9- 14, Block 41 Melrose Haywood Dunlap Treasurer Brenda McCray-ShUllett Jason Wimbush Sherman Lea, Jr. Anne MacFarlane Dear Ms. Moon: We hope this communication finds you and yours in the best of health and prospering! LaKisha M.Jones Executive Director The Northwest Child Development Center (NWCDC) is requesting tax-exempt ., status for its real property. We have been advised that our personal property is already exempt. NWCDC has continued as a non-profit service organization and an integral part of our Roanoke community since its establishment in 1982. A major part of our mission is to offer child care service for many of our single parents who desire to work rather than receive assistance. NWCDC currently serves over 75 children in its day care and afternoon programs. We offer infant care, pre-school programs and nutritious, well balanced meals to our children. Our curriculum is designed to prepare our children for transition to elementary education. NWCDC was granted tax exempt status according to 501 (c) for the Internal ) Revenue Code of 1954, April 1984 (documentation attached). We have also enclosed the Petition for Exemption and other documentation as requested. .~ United Way Of Roanoke Valley Partner Aiency If there is any other information required, please feel free to contact us. Thank you for your time and consideration. Yours most sincerely, ~q~ .Jfflt5 La'Kisha M. Jones Executive Director ~P0~' ~ri~A. Willis, President Board of Directors Dk Development Center HayWOO~ Dunlap Jr., Treasurer Board of Directors Northwest Child Development Center Enclosures: City of Roanoke Tax Exempt Petition Letter to Honorable Sherman A. Holland, Commissioner of The Revenue Response letter from Mr. Holland IRS Tax Exempt Letter IRS Employer Identification Number 54-1222444 Personal Property Tax Statement Real Estate Tax Statement " Cc: Honorable Sherman A. Holland, Commissioner of The Revenue Room 251, 215 Church Avenue SW, Roanoke, Virginia 24011 Mr. R. B. Lawhorn, Department of Management and Budget Room 354, 215 Church Avenue, SW Roanoke 24011 II .11. ~eJ!ma!Bl!!!IfSltmf!!!ll!fItelt!9El!ElB!B THE NORTHWEST CHILD DEVELOPMENT CENTER 1523 Melrose Avenue, N.W. Roanoke, Virginia 24017 (540) 342-0233 VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE RE: PETITION FOR EXEMPTION FROM TAXATION OF CERTAIN BOARD OF DIRECTORS PROPERTY PURSUANT TO ARTICLE X, SECTION 6(a)(6) OF THE CONSTITUTION OF VIRGINIA Derrick A. Willis President Alan Bagby Secretary Haywood Dunlap Treasurer TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF ROANOKE: la. Your Petitioner: Northwest Child Development Center, a Virginia, non- stock, not for profit corporation owns certain real property, located at 1523 Melrose Ave in the City of Roanoke, Virginia, which property is City of Roanoke Tax Map JD# 2221709, with a total assessed value of $365,900 and a total of $4,354.20 in real property taxes that were paid or would have been paid in the most rec~nt year, desires to be an organization designated pursuant to the provisions of Sec. 58. 1-3651, of Cod of Virginia, as amended, in order that the referenced real property, to be used exclusively for charitable and benevolent purposed in providing child care service for single parents who desire to work rather than receive assistance services are also available to other parents as well (Infant care, pre-school curriculum with meals provided). Brenda McCray-ShiDZett Jason Wimbush She1'1Tlan Lea, Jr. Anne MacFarlane LaKisha M. Jones Executive Director .~ United Way Of Roanoke Valley Partner ABency lb. Your Petitioner, Northwest Child Development Center, a Virginia, non- stock, not for profit corporation owns certain personal property, located at 1523 Melrose Avenue in the City of Roanoke, Virginia with a total . assessed value of $ 0.00 according to City of Roanoke, Virginia Personal Property Tax Statement and a total of $50.00 in personal property taxes that were paid or would have been paid in the most recent years, desires to be an organization designated pursuant to the provisions of Sec. 58.1-3651, ofthe Code of Virginia, as amended, in order that the referenced personal property, to be used exclusively for charitable and benevolent purposes in transportation of children for NWCDC in order that they may receive services provided. 2. Your Petitioner agrees to pay to the City of Roanoke, an annual service charge in an amount equal to twenty percent (20%) of the City of Roanoke tax levy, which would be applicable to this real estate, were our organization not be tax exempt, for as long as this exemption continues. 3. Your Petitioner, if located within a service district, agrees to pay to the City of Roanoke an annual service charge equal to the additional service district tax that would be levied for as long as this exemption continues. 4. Your Petitioner agrees to provide information to the Director of Real Estate Valuation upon request to allow a triennial review of the tax exempt status of your Petitioner. The following questions are submitted for consideration: 1. (Q): Whether the organization is exempt from taxation pursuant to Section 501 (c) ofthe Internal Revenue Code of 1954. (A): Your Petitioner was granted exemption from taxation pursuant to Section 501 (c) of the Internal Revenue Code of 1954 on April 1984. 2. (Q): Whether a current alcoholic beverage license for serving alcoholic beverages has been issued by the Alcohol Beverage Control Board to such property. (A): N/A 3. (Q): Whether any director, officer or employee ofthe organization has been paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer or employee actually renders. (A): No 4. (Q): Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions or, local, state, or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in-kind or other material services. (A): United Way of Roanoke Valley; Edgar A. Thurman Foundation; Roanoke City Human Services Grant; US Dept. of Agriculture. 5. (Q): Whether the organization provides services for the common good of the public. (A): Your Petitioner provides services for the common good of the public in as much as it provides daycare services for working parents and childcare for mothers who choose to work rather than receive assistance. 6. (Q): Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office. (A): None 7. (Q): Whether any rule, regulation, policy or practice of the . organization discriminates on the basis of religious conviction, race, color, sex, or national origin. (A) None 8. (Q): Whether there is a significant revenue impact to the locality and its taxpayers of exempting the property. 9. (Q): Any other criteria, facts and circumstances, which the governing body deems pertinent to the adoption of such ordinance. (A) It is estimated that NWCDC paid over $100,000 in taxes since being granted the IRS Tax Exempt Status in April 1984. THEREFORE, your Petitioner, Northwest Child Development Center respectfully requests to the Council ofthe City of Roanoke that this real or personal Property, or both, of your Petitioner is operated no for profit and the property so exempt is used for the particular purposes of providing infant and child care services with pre-school curriculum, meal preparation and transportation for children. Respectfully submitting this 1th day June, 2009. 'Aq.f&;~ .Jene.s La'Kisha M. Jones Executive Director ~;::GV0~:enler ~!;(;k A. Willis, President Board of Directors Northwest Child Development Center ood It kiplt unlap Jr., Treasurer Board of Directors Northwest Child Development Center . ~.._ ~____~_ __ _."_ 1i ..__.._________~ _______~________.... ....-:..-= ", ~, "'''\'' , ~ ~ [f!f]fJfB ~ [f!D' tm e! mfl teJ E3 U!El fEB - /? THE NORTHWEST CHILD DEVELOPMENT CENTER 1523 Melrose Avenue, N.W. Roanoke, Virginia 24017 (540)342-0233 May 13th, 2009 The Honorable Sherman A. Holland Commissioner of the Revenue, City of Roanoke 215 Church Avenue SW Room 251 Roanoke, Virginia 24011 CG~If>)f BOARD OF DIRECTORS Re: 'Northwest Child Development Center, 1523 Melrose Avenue. NW, Roanoke, Virginia 24017 also described by Tax Number 2221709, Lots 9- 14, Block 41 Melrose Demel. A. wmis PresidEfJil AlLIn Bagby S.ecrelll7'1J Dear Mr. Holland: Flfi!J1!DOOc1 Da.mJ.ap 'l'JoellS11iJ'Err We hope this communication finds you and yours in best of the health and prospering! Br.enil:a ltJ.cC'ray-ShiOlet'1 JaSDn lVimbush She'n1J<C1n Len, Jr. Anne WIa,eF",;rlan:e The Northwest Child Development Center (NWCDC) is requesting tax-exempt status for its real and personal property. NWCDC has continued as a non-profit service organization and an integral part of our Roanoke community since its establishment in 1982. A major part of our mission is to offer child care service for many of our single parents who desire to work rather than receive assistance. NWCDC currently serves over 75 children in its day care and afternoon programs. We offer infant care, pre-school programs and nutritious, well-balanced meals to our children. Our curriculum is designed to prepare our children for transition to elementary education. LciKis!h1:J 1t1.Jones E.xcefiltJ'V.e Di;r.edD1' NWCDC qualified for tax exempt status according to 501(c) for the Internal Revenue Code of 1954 in April 1984.We have enclosed our letter certifying our Employer Identification Number 54-1222444 and documentation for our 501 (c)(03) from the Internal Revenue Service. If there is any other information required, please feel free to contact us. Thank you for your time and consideration. i.Y YOOIfS S r most si~CereIY, ;1 . . ~ @'\.() . ~ In n I '-c/'yf'kv:>/~(.Jt/nlLj ~ lV~ Mrs. la'Kisha M. Jones Mr: rrick A. Willis, ~esident ' Executive Director Board of Directors Northwest Child Development Center NorthwestChild Development Center &. fP-~"'ii 'i'! '. ~~ ,~~'"';;~,, United Way 0-/ Roanoke Valley Pa~ner Aj.ency COMMISSIONER OF THE REVENUE CITY OF ROANOKE SHERMAN A. HOLLAND Commissioner GREGORY S. EMERSON Chier [)ellUly May 28, 2009 Mrs. La'Kisha M. Jones, Executive Director Mr. Derrick A. Willis, President Northwest Child Development Center 1523 Melrose Ave, NW Roanoke, VA 24017 Re: Exemption of property located at 1523 Melrose Ave, NW Tax Map No. 2221709 Dear Mrs. Jones and Mr. Willis: We received your letter dated May 13,2009 requesting a determination of the tax exempt status of the above captioned property. The above parcel is currently being taxed by the City of Roanoke for real estate taxes for the 2008-09 tax year. This property is not currently exempt by classification or designation. In order to apply for the real estate exemption, you need to contact the City Clerk's Office at 853-2541 to apply for an exemption for non-profit organizations through City Council. Therefore, I am forwarding a copy of this letter along with your letter dated May 13, 2009 to the City Clerk's office. Should you have any additional questions please do not hesitate to call. Sincerely, ~~ Sherman A. Holland Commissioner of the Revenue SAH/jec Cc: Stephanie Moon, City Clerk R.B. Lawhorn, Dept. of Management and Budget 215 Church Avenue SW, Room 251 * Roanoke, Virginia 24011 Phone (540) 853-2521 * Fax (540) 853-1115 * www.roanokegov.com ~)"\~ IRS Department or tllC Treasury ~tfh''JjJ"" I nl('l'/Ial l{('nnul.' S('nicl.' P.O. Box 2508 Cincinnati OH 45201 In reply refer to: 0248564828 May 13, 2009 LTR 4168C EO 54-1222444 000000 00 000 00019243 BODC: TE .:i~~ .;-....::f NORTHWEST CHILD DEVELOPMENT CENTER INC 1523 MELROSE AVE NW ROANOKE VA 24017-4113 020635 Employer Identification Number: Person to Contact: Toll Free Telephone Number: 54-1222444 Tonya Morris 1-877-829-5500 Dear Taxpayer: This is in response to your request of May 04, 2009, regarding your tax-exempt status. Our records indicate that a determination letter was issued in April 1984, that recognized you as exempt from Federal income tax, and discloses that you are currently exempt under section 501(c)(03) of the Internal Revenue Code. 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(") => ~ .g,c;,~ :'< 3 CD cr -,. ~ ~:O: ~.~ :T en cu. C/J => :: o [lJ - (") o.:T III ll> . .,~ . ~ VI \Ii -../ ... VI .' ..... OJ N .. . N; '-0 N \.11 ...:. ... VI 0 ... VI ..... ... 1.11'J1 1.11 VI VI VI 1.11 VI 1.-1 -a=: c '< -, 0 ro. c , g 3:. o .0. C C => .., .- CD U 0> iOg- ~ c:: Cll . ~.: f I .' I ,. J I I ." j J I I I I , I I I I I I I mo c:; 3w 0> '2., CD ~o 0 CllW -i ::.. ::T Q.C) CD ~w Z o' g, Ql n CD 0 ::I. :z c 3 0' Cll .., + -~"- /., CITY OF ROANOKE, VIRGINIA 2009 PERSONAL PROPERTY TAX STATEMENT STATEMENT DATE: 04/08/2009 58376 ROANOKE EVELYN W. POWERS, TREASURER P.O. BOX 1451 ROANOKE, VA 24007-1451 (540) 853-2561 FAX (540) 853-1019 www.roanokeva.Qov TAX DUE LICENSE TAX .00 50.00 NORTHWEST CHILD DEVELOPMENT 1523 MELROSE AVE NW ROANOKE, VA 24017 4 - -00014445 3.45 10% PENALTY ADDED AFTER DUE DATE SEE BACK OF FORM FOR ADDITIONAL INFORMATION Op1~.QQ~.Q~,~!5n Q~ .EQRQ ~,fM~A!5J 44~.~B73S~2 12 "o02'io090'39Si:i i;07;iTI1'bM.,1 GDHG31U061146656 12 o o 0.00 <Loo 20.00 30.00 . .. .. ., ,': , .;".,':: ",,'.. -;,-, ',.' -.' -------------------------------------- " - .. ',' .. ,-- .'- .. , -.. -,'.... -. TAX YR BILL NUMBER DATE BILLED DATE DUE CURRENT TAX ,- .. .. .-....... '.' " ,':',':- c"',,-" ,"", _" -._-"'-',", "', ""'."- ';, :-.,,; . ,', ,""" .. -.-','-, --- .. ,- ";;:"_,-'_,_"::";'" ".,:' _.. .,'...c.' ..-: ,',,' .. . ,'-."".-":'-:> ' - - - ..,-'~,-~'\,-. ...-...-.,- -,.--~,',~ - ... - "':' ,,;,- -~-----------------------...--_._-------------~._--- 06/011 09 50.00 ~ Review vehicle information to ensure accuracy of vehicle Year & Make and report incorrect vehicle lMPORTANT information or address changes to Commissioner of Revenue at 540-853-2521 ~ It is the taxpayer's responsibility to ensure that changes and payments are received on time to avoid penalty and interest charges. TeAR ANn RETIIRN ROTTOM PORTION WIT"" VOIIR PAVMFNT_ RI=TAIN TOP PORTION FOR VOIIR T4X,RJ::r.:nRn~ 2008-2009 FISCAL YEAR REAL ESTATE TAX STATEMENT EVELYN W. POWERS, TREASURER STATEMENT DATE: 01-22-2009 P.O. BOX 1451 20438 ROANOKE, VA 24007-1451 (540) 853-2561 FAX (540) 853-1019 TAX MAP NUMBER 2221 709 www.roanokegov.com FIRST INSTALLMENT DUE:10-05-200B TAX RATE PER $100: 1.19 SECOND INSTALLMENT DUE:04-05-2009 TAX RATE PER$100: 1.19 NORTHWEST CHILD DEVELOPMENT CENTER 1523 MELROSE AVE NW ROANOKE, VA 24017 1523 MELROSE AVE NW LOTS 9-14 BLK 41 MELROSE 7 -LEASE RETAIN THIS PORTION FOR YOUR RECORDS SEE ADDITIONAL INFORMATION ON THE BACK CREDIT CARD JURISDICTION CODE: 1006 . . .', . 0 ,00; O'()" FISCAL YEAR TAXES: '~~i;FEES'it'$i)ltt%l' r""t," ;,.!{ ,'~ i ,<^ . . ~\ 2,177;10 2,177.10 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 I Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov STEPHANIE M. MOON, CMC City Clerk July 28, 2009 Darlene l. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: CECELIA T. WEBB Assistant Deputy City Clerk I am attaching copy of Ordinance No. 38556-072009 authorizing the City Manager the lease of to execute an agreement with Tavern On The Market of Virginia, llC, for approximately 1394.42 square feet of space in the City Market Building located at 32 Market Square for a food court business, for a month-to-month term, effective August 1, 2009, not to exceed 12 months, at a rental rate of $2,892.65 per month, 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, July 20, 2009, and is in full force and effect upon its passage. Sincerely, ~~. ~l)~ Stephanie M. Moon, CMC ~ City Clerk Attachment pc: William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Cassandra l. Turner, Economic Development Specialist Joshua Mabrey, Account/Accounts Receivable ~~ ~ THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of July,2009. No. 38556-072009. AN ORDINANCE authorizing the City Manager to execute a lease agreement. with Tavern On The Market of Virginia, LLC, for approximately 1394.42 square feet of space in the City Market Building for a month-to-month term, effective August 1, 2009, not to exceed twelve (12) months; and dispensing with the second reading ofthis ordinance by title. WHEREAS, a public hearing was held on July 20, 2009, pursuant to SSI5.2-1800 and 15.2-1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on the proposed lease. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized, to execute and attest, respectively, in a form approved by the City Attorney, an agreement with Tavern On The Market of Virginia, LLC, for the lease of approximately 1394.42 square feet of space in the City Market Building, located at 32 Market Square, Roanoke, Virginia, for a food court business, for a month-to-month term, effective August 1, 2009, not to exceed twelve (12) months, at a rental rate of $2,892.65 per month, upon certain terms and conditions, and as more particularly described in the City Manager's letter to this Council dated July 20,2009. 2. Pursuant to the provisions of Section 12 ofthe City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~m. ~DlW City Clerk K:\David\CounciI Work\o-lease Tavern On The Market.7-20-09.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 July 20, 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: Lease Renewal for Tavern On The Market of Virginia, LLC in City Market Building Background: C. Roger Lamm, III, owner and operator of Tavern on the Market of Virginia, LLC, has requested a renewal of his lease for 1394.42 square feet of space located in the City Market Building at 32 Market Square, Roanoke, Virginia 24011. The current lease expires July 31, 2009. The new lease term is month to month, not to exceed twelve months, effective August 1, 2009. The proposed agreement establishes a base rent to be paid as provided by the following schedule: Period Square Per Square Monthly Rent Annual Rent Footage Foot Amount Amount Amount 8/1/09 - 1083.00 $24.00 $2,166.00 $25,992.00 7/31/10 311 .42 $28.00 $ 726.65 $8,719.76 The Common Area Maintenance fee, to be paid in addition to the rental amount described above, is $824.00 per month. There is no renewal provision in this lease. Month to month lease agreement attached. Honorable Mayor and Members of City Council July 20, 2009 Page 2 Recommended Action: Authorize the City Manager to execute a month to month lease agreement with Tavern on the Market of Virginia, LLC, for approximately 1394.42 square feet of space in the City Market Building, located at 32 Market Square, Roanoke, Virginia 24011, effective August 1, 2009, not to e~ceed twelve (12) months. Such lease shall be approved as to form by the City Attorney. 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 Cassandra L. Turner, Economic Development Specialist Joshua Mabrey, Accountant/Accounts Receivable CM09-00 11 9 LEASE Between THE CITY OF ROANOKE And Tavern On The Market of Virginia, LLC c:\DOCtJMBNTS AND SETTINGS\EDC'M.\Mr DOCUMKNTS\TAVERN ON THE MARKET\2009 TAVERN r..l!:ASE.COC LEASE INDEX HEADING PAGE PREMISES TERM BASE RENT; ESCALATIONS COMMON AREA MAINTENANCE LANDLORD OBLIGATIONS TENANT'S OBLIGATIONS 2 2 USE OF PREMISES 3 3 EXCLUSIVITY 4 ASSIGNMENT AND SUBLETTING 4 IMPROVEMENTS 4 SURRENDER OF PREMISES 4 INSPECTION INSOLVENCY OR BANKRUPTCY OF TENANT TRANSFER OF LANDLORD'S INTEREST 4 4 5 ESTOPPEL CERTIFICATE DAMAGE TO THE PREMISES 5 5 DEFAULT OF TENANT 6 CONDEMNATION 6 COVENANTS OF LANDLORD 6 NO PARTNERSHIP 7 BROKERS COMMISSION 7 NOTICES 7 HOLDING OVER BENEFIT AND BURDEN 7 7 GENDER AND NUMBER ENTIRE AGREEMENT 7 7 C\DOCUMEN15ANO SETTlNGS\EOCT1\OESKTOP\TAVERN LEASE.OOC I INVALIDITY OF PARTICULAR PROVISIONS HAZARDOUS SUBSTANCES INSURANCE SECURITY DEPOSIT INDEMNIFICATION COMPLIANCE WITH LAWS AND REGULATIONS FORUM SELECTION AND CHOICE OF LAW FORCE MAJEURE EQUAL EMPLOYMENT OPPORTUNITY DRUG-FREE WORKPLACE RULES AND REGULATIONS SIGNAGE GUARANTY LIABILITY OF LANDLORD TENANT IMPROVEMENTS BUSINESS HOUR MODIFICATION Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F 7 7 8 9 9 10 10 10 10 10 11 11 11 11 11 11 Floor Plan Common Area Floor Plan Menu Rules and Regulations Sign Regulations Guaranty C\DDCUMENTS AND SET11NCS\EDCTl \DESI(TDP\TA~ERN lEASE,DOC II LEASE THIS LEASE is made this ____day of ____________________2009 by and between the CITY OF ROANOKE (hereinafter referred to as "Landlord"), and Tavern On The Market of Virginia, LLC and, (hereinafter referred to as "Tenant"), WITN ESSETH: In consideration of the mutual agreements hereinafter set forth, the parties hereto mutually agree as follows: 1. PREMISES Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, for the term and upon the conditions hereinafter provided, a section of the building known as the Roanoke City Market Building (herein referred to as the "Building") located at 32 Market Square, Stalls #117 -120.# 135 and 136, Roanoke, Virginia 24011, as is delineated on Exhibit "A" hereto, which is hereafter referred to as the "P.remises." The Premises consists of approximately 1394.42 square feet of space. 2. TERM The term ofthis Lease shall commence on AUGust 1. 200~ ("Commencement Date") and shall expire at 11 :59 o'clock p.m. on August 31. 2009. Unless written notice is given by the City at lease sixty (60) days prior to the end of the initial term, or any renewal term, by the tenant, this Lease shall automatically renew for another month. Each renewal term shall be upon the same terms and conditions as the prior month, and upon the mutual agreement of the parties, Provided that such renewal terms shall not exceed a maximum of eleven (11) months. A key will be given to Tenant upon execution of the Lease, 3. BASE RENT: ESCALATIONS The base rent for the first year of the term shall be based on cost per square foot. Tenant shall pay as base rent for the f fh d h f dl Premises or each vear 0 t e Lease accor inq to t e ollowinq sche u e: Period Square Per Square Monthly Rent Annual Rent Footage Foot Amount Amount Amount 8/01/09 1083 $24.00 $2,166 $25,992 to 8/31/09 311.42 $28.00 $726.65 $8,719.80 If the Commencement Date is other thanthe first day ofthe month, the first year of the Lease term shall be deemed to be extended to include such partial month and the following twelve (12) months, so as to end on the last day ofthe month. In the event the Commencement Date is other than the first day of a calendar. month, the Base Rent ("Rent") (as well as the Common Area Maintenance Fee provided hereunder) for the portion of the then current calendar month shall be. prorated on the basis of a thirty (30) day month and shall be paid immediately upon the commencement of the Term. On the first anniversary of the Lease, and upon each successive anniversary thereafter, the monthly rent forthe next twelve (12) months shall be increased by three percent (3%) ofthe previous year's monthly rental. Rent shall be paid monthly. The first monthly payment shall be made at the time of execution of this Lease by the parties; the second and all subsequent monthly payments shall be made on the first day of each and every calendar month during the term. Any monthly payment of rent which is not received by Landlord by the the term. Any monthly payment of rent which is not received by Landlord by the end of the fifth (5th) day of the month shall be assessed a late charge in the amount of five percent (5%) of such total monthly rent payment. All delinquent rent, and other charges due under this Lease shall accrue interest at a rate equal to the current prime rate, as established by the United States Government, plus two percent (2%) per month or the maximum amount permitted by law, from the due date of such payment and shall constitute additional rent payable by Tenant underthisLease and shall be paid by Tenantto Landlord upon demand. Payment shall not be deemed as received if Tenant's payment is not actually collected (such as payment by insufficient funds check). Tenant shall pay, rent to Landlord at City of Roanoke, 215 Church Ave, Roanoke, Virginia 24011, or to such other party or at such other address as Landlord may designate from time to time by written notice to Tenant, without demand. Checks shall be made payable to Treasurer, City of Roanoke. 4. COMMON AREA MAINTENANCE Tenant agrees to pay Landlord, as additional rental, Tenant's proportionate share of the costs ("Common Area Maintenance Fee") of maintaining, operating, repairing, replacing and insuring the "Common Areas" defined herein. The Common Area Maintenance Fee for this lease will be a flat fee charge of Eight Hundred and Twentv-Four Dollars ($824.00) per month. These fees will increase by three (3%) percent upon each anniversary of this Lease. The terrrl "Common Area Maintenance Fee" includes all costs and expenses of every kind and nature paid or incurred by Landlord in operating, managing, equipping, policing, lighting, repairing, replacing items in the Building and maintaining the Building. Such costs and expenses will include, but not be limited to, the following: (a) utilities (electric, gas, waste removal, water and sewer charges, storm water charges; individual telephone service is specifically excluded), (b) insurance premiums for public liability and property damage for the Building(excluding Tenant's Premises) (c) maintenance costs of heating, ventilating and air conditioning, (d) insect and rodent treatment, (e) snow and ice removal, (f) electrical and plumbing repairs in the Common Areas of the Building, (g) management costs and repairs to the structure of Building which includes roof and wall repairs, foundations, sprinkler systems, utility lines, sidewalks and curbs, (h) security camera systems, (i) lighting, U) sanitary control, drainage, collection of rubbish and other refuse, (k) . costs to remedy and/or comply with governmental and/or environmental and hazardous waste matters(excluding Tenant's Premises) (I) repair and installation of equipment for energy saving or safety purposes, (m) reserves for future maintenance and repair work (which Tenant hereby authorize Landlord to use as necessary), (n) depreciation on equipment and machinery used in maintenance, costs. of personnel required to provide such services, (0) All costs and expenses associated with Landlord's obligation to repair and maintain and such other items of cost and expense which are relatable to proper maintenance of the Building and its Common Areas. The "Common Areas" are defined as all areas and spaces in the Building and equipment in the Building, as further shown on the attached Exhibit B provided by C:\DDCUMENTS AND SETnNGS\EDCTI\DESKTOP\TAVERN LEASE.DOC 2 Landlord for common or joint use and benefit of the tenants of the Building, their employees, agents, servants, customers and invitees. The Common Areas further include, without limitation, roofs, walls, vacant areas, food court, elevator(s), restrooms, stairways, walkways, ramps, foundations, signs (excluding Tenant's signage), security cameras, lighting fixtures and equipment, and the facilities appurtenant to each of the aforesaid, and any other facilities maintained for the benefit of the Building. Landlord shall have the right to modify the Common Areas from time to time as deemed reasonable by Landlord. . 5. LANDLORD'S OBLIGATIONS responsible for the following: Landlord hereby agrees to provide and be (a) make all structural and capital repairs and replacements to items in the Building and to the Common Areas, as defined above, and to maintain the Building and its Common Areas. Structural and capital repairs and replacements are defined as repairs or replacements which include but are not limited to repairs or replacements to the roof, elevators, electrical wiring, heating and air conditioning systems, toilets, water pipes, gas, plumbing, other electrical fixtures and the exterior and interior walls. Structural and capital repairs to Tenant's Premises are specifically excluded. (b) pay for the cost of Ten ant's utilities (gas, electric, heating, water, telephone service specifically excluded) and all other services identified through use of funds from the Common Area Maintenance Fee described above. (c) provide a key to Tenant upon execution of the Lease Agreement, 6, TENANT'S OBLIGATIONS Tenant, at its sole cost and expense, agrees to provide and be responsible for the following, in addition to its other responsibilities pursuant to this Lease. (a) Tenant shall keep and maintain the Premise in good repair, condition and appearance during the term of this Lease, ordinary wear and tear excepted, and not use any part of the Premises orthe Common Areas ofthe Building in a negligent manner. (b) Tenant shall take good care of the Premises, its fixtures, and appurtenances and suffer no waste or injury thereto, and shall pay for all repairs and replacements to the Premises, necessitated by Tenant's actions, whether' capital, structural as defined above, or otherwise. (c) Tenant shall surrender the Premises at the end of the term in as good condition as Tenant obtained the same at the commencement of the term, reasonable wear and tear excepted. (d) Tenant shall operate its business as described in Section 7 of this Lease. Tenant shall pay rent timely as provided in Section 3 of this Lease. Tenant shall ob.tain the insurance as required in Section 29 of this Lease. (e) (f) (g) Tenant acknowledges and agrees that its business operates extended hours of 6:00 PM to 2:00 AM on Thursday, Friday and Saturday nights. Tenant further understands that during those hours the Market Building is not open to any other business, or such business' patrons, and that Tenant's patrons are the only members of the public allowed inside the Market Building, for use of the Market Building's restrooms only, during those C:\DOCUMENT3 AND SETnNGS\EDCTl \DESKTOP\TAVERN LEASE.DOC 3 hours. Accordingly, Tenant hereby agrees that in the event any portion of the Premises, including the restrooms, are damaged by any guest or patron of Tenant, Tenant shall pay at it's sole expense, the cost of such repair or replacement of any property of the city of Roanoke that is damaged. 7. USE OF PREMISES The Premises shall be used for the purpose of conducting therein the sale of Restaurant menu items. Tenant covenants and agrees that at all times during the term hereof, Tenant will actively conduct such a business in the Premises, keep the Premises amply stocked with good and fresh merchandise and keep the Premises open for business during the customary business hours of 1 0:00 a.m. to 6:00 p.m. (not less than eight (8) hours per day, Monday through Saturday) oftheBuildingas established or as may be amended by landlord and (ij) the Premises shall be used only for such purpose. The Building will be closed for the following Holidays or as observed: New Year's Day, Memorial Day, labor Day, Thanksgiving Day and Christmas Day. Nothing herein shall require the City of Roanoke to open the Building outside of the above designated hours. The Premises shall not be used for any other purpose without the written permission of landlord. Tenant shall not open the Building to the public outside ofthe customary business hours or on the Holidays stated above. 8. EXCLUSIVITY Tenant operates a restaurant as outlined in attached menu noted as Exhibit "C". Tenant must obtain written approval of Landlord before adding any item, other than soft drink beverages, to its menu and shall pay a $100 per item to the Landlord if Tenant does not obtain such approval. If menu changes persist beyond thirty (30) days without the written approval of the Landlord the tenant is thereby in default of its Lease. landlord and Tenant - acknowledge that it is the intent of the parties that current and prospective tenants of the Building not be allowed to market products that would impair the sales of the other tenants of the Building. Accordingly, Landlord agrees not to lease to tenants selling similar food, cuisine or fare as existing tenants of the Market Building, as determined in the sole discretion of the Landlord, or which will in the opinion of the Landlord be inconsistent with the intended uses of the Building. Tenant further agrees not to market any product that would impair a current Tenant's sales. Tenant acknowledges and agrees that if there is any disagreement over whether any item sold by a tenant is an item sold by another tenant of the Building that would impair Tenant's sales; such dispute shall be determined and resolved in the Landlord's sole discretion. 9. ASSIGNMENT AND SUBLETTING Tenant shall not voluntarily or involuntarily assign this Lease in whole or in part, nor sublet all or any part of the Premises without following the procedures detailed herein and obtaining the prior written consent of landlord, in Landlord's sole discretion. The consent by Landlord to any assignment or subletting shall not constitute a waiver of the necessity for such consent in any subsequent assignment or subletting. In the event that Tenant receives a bona fide written offer from a third party for the sublease or assignment of the Premises, Tenant shall forthwith notify Landlord in writing, attaching a copy of such offer, of Ten ant's desire to sublet or assign this lease upon the terms of such offer, whereupon landlord shall have thirty (30) days to accept or reject such assignment or sublease. 10. IMPROVEMENTS Landlord must approve all alterations, redecorations, or improvements in and to the Premises in writing beforehand. Such alterations, redecorations, additions, or improvements shall conform to all applicable Building Codes of the City of Roanoke, federal and state laws, rules and regulations. C,\DOCUMENlSAND SETTlNGs\EDcn\DESKTOp\TAVERN lEASE.DOC 4 11, SURRENDER OF PREMISES At the expiration of the tenancy hereby created, Tenant shall peaceably surrender the Premises, including all alterations, add itions, im provements, decorations and repairs made thereto (but excluding all trade fixtures, equipment, signs and other personal property installed by Tenant, provided that in no event shall Tenant remove any of the following materials or equipment without Landlord's prior written consent: any free standing signs, any power wiring or power panels; lighting or lighting fixtures; wall coverings; drapes, blinds or other window coverings; carpets or other floor coverings; or other similar building operating equipment and decorations), broom cleaned and in good condition and repair, reasonable wear and tear excepted. Tenant shall remove all its property not required to be surrendered to Landlord before surrendering the Premises and shall repair any damage to the Premises caused thereby. Any personal property remaining in the Premises at the expiration ofthe Lease shall be deemed abandoned by Tenant, and Landlord may claim the same and shall in no circumstance have any liability to Tenant therefore. If physical alterations were done by Tenant, Landlord, at its option, may require Tenant to return Premises to its original condition (condition at occupancy) when Tenant vacates Premises. Upon termination, Tenant shall also surrender all keys for the Premises to Landlord and, if applicable, inform Landlord of any combinations of locks or safes in the Premises. If the Premises are not surrendered at the end of the term as herein above set out, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including without limitation, claims made by the succeeding Tenant founded on such delay. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of the term of this Lease. 12. INSPECTION Tenant will permit Landlord, or its representative, to enter the Premises, upon reasonable notice to Tenant, without charge thereof to Landlord and without diminution of the rent payable by Tenant, to examine, inspect and protect the same, and to make such alterations and/or repairs as in the judgment of Landlord may be deemed necessary, or to exhibit the same to prospective Tenants during the last one hundred twenty (120) days ofthe term of this Lease. 13. INSOLVENCY OR BANKRUPTCY OF TENANT In the eventTenant makes an assignment for the benefit of creditors, or a receiver of Tenant's assets is appointed, or Tenant files a voluntary petition in any bankruptcy or insolvency proceeding, or an involuntary petition in any bankruptcy or insolvency proceeding is filed against Tenant and the same is not discharged within sixty (60) days, or Tenant is adjudicated as bankrupt, Landlord shall have the option ofterminating thisLease. Upon such written notice being given by Landlord to Tenant, the term of this Lease shall, at the option of Landlord, end and Landlord shall be entitled to immediate possession of the Premises and to recover damages from Tenant in accordance with the provisions of Article 1 7 hereof. 14, TRANSFER OF LANDLORD'S INTEREST Landlord shall have the right to convey, transfer or assign, by sale or otherwise, all or any part of its ownership interest in the property, including the Premises,' at any time and from time to time and to any person, subject to the terms and conditions of this Lease. All covenants and obligations of Landlord under this Lease shall cease upon the execution of such conveyance, transfer or assignment, but such covenants and obligations shall run with the land and shall be binding upon th~ subsequent owner(s) thereof or of this .Lease during the periods of their ownership thereof. 15. ESTOPPEL CERTIFICATE Tenant agrees, at any time,and from time to time, upon not less than ten (10) days' prior notice by Landlord, to execute, C:\DOCUMENTS AND SITTlNGs\EDCTl\DESKTOp\TAVERN LEASE.DDC 5 acknowledge and deliver to Landlord, a statement in writing addressed to Landlord or other party designated by Landlord certifying that this Lease is in full force and effect (or, ifthere have been modifications, that the same is in full force and effect as modified and stating the modifications), stating the actual commencement and expiration dates of the Lease, stating the dates to which rent, and other charges, if any, have been paid, that the Premises have been completed on or before the date of such certificate and that all conditions precedent to the Lease taking effect have been carried out, that Tenant has accepted possession, that the Lease term has commenced, Tenant is occupying the Premises and is open for business, and stating whether or not there exists any default by either party contained in this Lease, and if so specifying each such default of which the signer may have knowledge and the claims or offsets, if any, claimed by Tenant; it being intended that any such statement delivered pursuant hereto may be relied upon by Landlord or a purchaser of Landlord's interest and by any mortgagee or prospective mortgage of any mortgage affecting the Premises. If Tenant does not deliver such statement to Landlord within such ten (10) day period, Landlord may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been canceled or terminated except as otherwise represented by landlord; (iii) that not more than one (l) month's minimum rent or other charges have been paid in advance; and (iv) that Landlord is not in default under the lease; and (v) no disputes exist. In such event Tenant shall be estopped from denying the truth of such facts. Tenant shall also, on ten (l0) days' written notice, provide an agreement in favor of and in the form customarily used by such encumbrance holder, by the terms of which Tenantwill agree to give prompt written notice to any such encumbrance holder in the event of any casualty damage to the Premises or in the event of any default on the part of Landlord under this Lease, and will agree to allow such encumbrance holder a reasonable length oftime after notice to cure or cause the curing of such default before exercising Tenant's right of. self-help under this Lease, if any, or terminating or declaring a default under this lease. 16. DAMAGE TO THE PREMISES If the Building or the Premises shall be partially dar:naged by fire or other cause without the fault or neglect of Tenant, its agents, employees or invitees, Landlord shall diligently and as soon as practicable after such damage occurs repair such damage at the expense of Landlord, provided, however, that if the Building is damaged by fire or other cause to such extent that the damage cannot be fully repaired within ninety (90) days from the date of such damage, landlord or Tenant, upon written notice to the other, may terminate this Lease, in which event the rent shall be apportioned and paid to the date of such damage. During the period that Tenant is deprived ofthe use ofthe damaged portion of Premises, Tenant shall be required to pay rental covering only that part of the Premises that Tenant is able to occupy, and Rent for such occupied space shall be the total rent divided by the square foot area of the Premises and multiplied by the square foot area that the Tenant is able to occupy. 17. DEFAULT OF TENANT IfTenant shall fail to pay any monthly installment of Rent and/or as required by this Lease, or shall violate or fail to perform any ofthe other conditions, covenants or agreement on its part contained in this lease and such failure to pay Rent or such violation or failure shall continue for a period of ten (10) days after the due date of such payment or after written notice of any such violation or failure to perform by Tenant, then and in any of such events this Lease shall, at the option of Landlord, cease and terminate upon at least ten (10) days' prior written notice of such election to Tenant by Landlord, and if such failure to pay rent or such violation or failure shall continue to the date set forth in such notice of termination, then this Lease shall cease and terminate without further notice to quit or of Landlord's intention to re-enter, the same being hereby C\DDCUMENTS AND SETTlNGS\EDCTl \DESKTDP\TAVERN LEASE.DOC 6 waived, and Landlord may proceed to recover possession under and by virtue of the provisions of the laws of Virginia, or by such other proceedings, including re-entry and possession, as may be applicable. If Landlord elects to.terminate this Lease, everything herein contained on the part of Landlord to be done and performed shall cease without prejudice, however, to the right of Landlord to recover from the Tenant all rental accrued up to the time of termination or recovery of possession by Landlord, whichever is later. Should this Lease be terminated before the expiration of the term of this Lease by reason of Tenant's default as hereinabove provided, or if Tenant shall abandon or vacate the Premises before the expiration or termination of the term of this Lease, Landlord shall use its best efforts to relet the Premises on the best rental terms reasonably available underthe circumstances and if the full rental hereinabove provided shall not be realized by Landlord, Tenant shall be liable for any deficiency in rent. Any damage or loss of rental sustained by Landlord may be recovered by Landlord, at Landlord's option, at the time ofthe reletting, or in separate actions from timeto time, as such damage shall have been made more easily ascertainable by successive relettings,.or at Landlord's option, may be deferred until the expiration of the term of this Lease in which event the cause of action shall not be deemed to have accrued until the date of expiration of such term. The provisions contained in this paragraph shall not prohibit any claim Landlord may have against Tenant for anticipatory breach of the unexpired term of this Lease, 18. CONDEMNATION If any part of the Building or a substantial part of the Premises shall be taken or condemned by any governmental authority for any public or quasi-public use or purpose (including sale under threat of such a taking) then the term of this Lease shall cease and terminate as of the date when title vests in such governmental authority, and the annual rental shall be abated on the date when such title vests in such governmental authority. If less than a substantial part of the common area of the Premises is taken or condemned by any governmental authority for any public or quasi-public use or purpose, the rent shall be equitably adjusted on the date when title vests in such governmental authority and the Lease shall otherwise continue in full force and effect. Tenant shall have no claim against Landlord (or otherwise) for any portion ofthe amount that may be awarded as damages as a result of any governmental taking or condemnation (or sale under threat of such taking or condemnation) or for the value of any unexpired term of the Lease, For purposes of this Article 18, a substantial part of the Premises shall be considered to' have been taken if more than fifty percent (50%) of the Premises are unusable by Tenant. 19. COVENANTS OF LANDLORD Landlord covenants that it has the right to make this Lease for the term aforesaid, and that if Tenant shall pay the Rent and perform all ofthe covenants, terms and conditions ofthis Lease to be performed by Tenant, Tenant shall, during the term hereby created, freely, peaceably and quietly occupy and enjoy the full possession of the Premises without molestation or hindrance by Landlord or any party claiming through or under Landlord. 20. NO PARTNERSHIP nothing contained in this Lease shall be deemed or construed to create a partnership or joint venture of or between the Landlord and Tenant, or to create any other relationship between the parties hereto other than that of Landlord and Tenant. 21. BROKER'S COMMISSION Tenant represents and warrants that it has incu rred no claims or finder's fees in connection with the execution ofthis Lease. 22. NOTICES All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or by certified or registered mail, return receipt requested, first-class postage prepaid, (i) if to C;\DOCUMENTS AND SETTlNGS\EDCT1\DESKlOp\TAVERN LEASE.DOC 7 "' Landlord at City of Roanoke,ll? Church Avenue, Roanoke, Virginia 24011, Attention: Director of Economic, and Oi) if to Tenant, at 32 Market Sauare. SE, unless notice of a change of address is given pursuant to the provisions ofthis Article. 23. HOLDING OVER In the event that Tenant shall not immediately surrender the Premises on the date of expiration of the term hereof, Lease shall automatically renew itself month to month, at twice the Rent.rate for the last year of the Lease plus all other charges accruing under this Lease, and subject to all covenants, provisions and conditions herein contained. Landlord and tenant shall both have the right to terminate the holdover tenancy upon thirty (30) days written notice. Tenant shall not interpose any counterclaim(s) in a summary proceeding or other action based on holdover. 24. BENEFIT AND BURDEN The provisions of this Lease shall be binding upon, and shall inure to the benefit of, the parties hereto and each of th,eir respective representatives, successors and assigns. 25. GENDER AND NUMBER Feminine or neuter pronouns shall be substituted for those of the masculine form, and the plural shall be substituted for the singular number, in any place or places herein in which the context may require such subs~itution. 26. ENTIRE AGREEMENT This Lease, together with any exhibits attached hereto, contains and embodies the entire agreement of the parties hereto, and representations, inducements or agreements, oral or otherwise, between the parties not contained in this Lease and exhibits, shall not be of any force or effect. This Lease may not be modified, changed orterminated in whole or in part in any manner other than by an agreement in writing duly signed by both parties hereto. 27. INVALIDITY OF PARTICULAR PROVISIONS If any provision of this Lease or the application thereof to any person or circumstances shall to any extent be invalid or unenforceable, the remainder of this Lease, or the application of such provisions to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. 28. HAZARDOUS SUBSTANCES Tenant covenants and warrants that Tenant, and Tenant's use of Premises and any alterations thereto will at all times comply with and conform to all laws, statues, ordinances, rules and regulations of any governmental, quasi-governmental or regulatory authorities ("Laws") which relate to the transportation, storage, placement handling, treatment, discharge, generation, removal production or disposal (collectively "Treatment") of any waste petroleum product, waste products, radioactive waste, Polychlorinated Biphenyls (PCB), asbestos, lead-based paint, or other hazardous materials of any kind, and any substance which is regulated by any law, statute, ordinance, rule or regulation (collectively "Waste"). Tenant further covenants and warrants that it will not engage in or permit any person or entity to engage in any Treatment of any Waste on or which affects the Premises. . Immediately upon receipt of any Notice (as hereinafter defined) from any person or entity, Tenant shall deliverto Landlord a true, correct and complete copy ofany written Notice. "Notice" shall mean any note, notice or report of any suit, proceedings, investigation, order, consent order, injunction, writ, award or action related to or affecting or indicating the Treatment of any Waste in or affecting the Premises. C\DOCUMENlS AND SETTINGS\EDCT1\DESkTOp\TAVERN LEASE.DOC 8 r Tenant hereby agrees it will indemnify, defend, save and hold harmless landlord and landlord's officers, directors, shareholders,. employees, agents, partners, and the respective heirs, successors and assigns (collectively "Indemnified Parties") against and from, and to reimburse the Indemnified Parties with respect to, any and all damages, claims, liabilities, loss, costs and expense (including, without limitation all attorney's ,fees and expenses, court costs, administrative costs and costs of appeals), incurred by or asserted against the Indemnified Parties by reason of or arising out of: (a) the breach of any representation or undertaking of Tenant under this section or (b) arising out of the Treatment of any waste by Tenant or any licensee, concessionaire, manager or other party occu pying or using the Premises. landlord is given the right, but not the obligation, to inspect and monitor the Premises and Tenant's use of the Premises, including the right to review paperwork associated with Treatment activities in order to confirm Tenant's compliance with the terms of this Section. landlord may require that Tenant deliver to landlord concurrent with Tenant's vacating the Premises upon the expiration of this Lease, or any earlier vacation of the Premises by Tenant, at Tenant's expense, a certified statement by licensed engineers satisfactory to the landlord, in form and substance satisfactory to landlord, stating that Tenant, and any alterations thereto and Tenant's use of the Premises complied and conformed to all laws relating to the Treatment of any Waste in or affecting the Premises. . Tenant agrees to deliver upon request from Landlord estoppel certificates to landlord expressly stipulating whether Tenant is engaged in or has engaged in the Treatment of any Waste in or affecting the Premises, and whether Tenant has caused any spill, contamination, discharge, leakage, release or escape of any Waste in or affecting the Premises, whether sudden or gradual, accidental or anticipated, or any other nature at or affecting the Premises and whether, to the best of the Tenant's knowledge, such an occurrence has otherwise occurred at or affecting the Premises. 29. INSURANCE Prior to the delivery of possession ofthe Premises to Tenant, Tenant shall provide landlord evidence satisfactory to landlord (i) that fire and casualty and workers' compensation policies in amount and in form and content satisfactory to Landlord have been issued by a company or companies satisfactory to landlord and will be maintained throughout the course of Tenant's work at Tenant's cost and expense and (ij) that Tenant has complied with the comprehensive ,liability insurance requirements set forth in the following paragraph. Tenant will, at all times commencing on the date of delivery of possession ofthe Premises to Tenant, at its own cost and expense, carry with a company or companies, satisfactory to landlord, comprehensive general liability insurance including public liability and property damage, in a form satisfactory to Landlord, on the Premises, with the combined single liability limits of not less than One. Million Dollars ($1,000,000.00) per occurrence, which insurance shall bewritten or endorsed so as to protect Landlord, its officers, agents and employees as additional insureds. The Tenant agrees that the above stated limits and coverages are minimum limits and coverages, and that Tenant shall provide such additional insurance as set forth above, in such amounts and against such risk as may be required in the landlord's sole but reasonable judgment, to equal the amounts and types of coverages carried by prudent owners and operators of properties similar to the Building. Tenant shall increase such limits at its discretion or upon reasonable request of landlord but not more often than once every year and such increases shall not be in excess of generally accepted standards in the industry. Tenant covenants that certificates of all of the C:\DDCUMENTS AND SETl1NGS\EDCTl \DESKTOP\TAVERN LEASE,DOC 9 insurance policies required under this Lease, and their renewal or replacement, shall be delivered to landlord promptly without demand upon the commencement ofthe term ofthis Lease and upon each renewal ofthe insurance. Such policy or policies shall also provide that it shall not be cancelled nor shall there by any change in the scope or amou nt of coverage of the policy without th irty (30) days prior written notice to Landlord. Ifsame is not provided with ten (10) days after demand, Landlord is authorized to secure such policy from such companies as it deems appropriate and collect from Tenant in such a manner as it deems appropriate the cost of the premium. . 30. SECURITY DEPOSIT (a) AMOUNT OF DEPOSIT Tenant will deposit a sum equal to the amount of the rent in the last month of the Lease with the Landlord before the commencement of this Lease. Such deposit shall be held by landlord, without liability for interest, as security for the faithful performance by Tenant of all of the terms, covenants and conditions ofthe lease by Tenant to be kept and performed during the term hereof. If at any time during the term of this Lease any of the rent herein reserved shall be overdue and unpaid, or any other sum payable by Tenant to Landlord hereunder shall be overdue and unpaid, the Landlord may, at the option of Landlord, appropriate and apply any portion of such deposit to the payment of any such overdue rent or other sum. (b) USE AND RETURN OF DEPOSIT In the event of the failure ofTenant to keep and perform any ofthe terms, covenants, and conditions ofthis Lease to be kept and performed by Tenant, then the Landlord at its option may appropriate and apply the entire such deposit, or so much thereof as may be necessary, to compensate the Landlord for loss of damage sustained or suffered by Landlord due to such breach on the part of Tenant. Shou Id the entire deposit, or any portion thereof, be appropriated and 'applied by Landlord for the payment of overdue rent or other sums due and payable to Landlord by Tenant hereunder, then Tenant shall, upon the written demand of Landlord, forthwith remit to Landlord a sufficient amount in cash to restore such security to the original sum deposited, and Tenant's failure to do so within five (5) days after receipt of such demand shall constitute a breach of this Lease, Should Tenant comply with all of such terms, covenants and conditions and promptly pay the entire rental herein provided for as it falls due, and all other sums payable by Tenant to Landlord hereunder, such deposit shall be returned in full to Tenant at the end of the Lease Term or upon the earlier termination ofthis Lease. 31. INDEMNIFICATION Tenant agrees to save and to protect, ind,emnify and . hold Landlord harmless from and against and to reimburse Landlord from any and all liabilities, damages, costs, expenses, including, without limitation, reasonable attorneys' fees, causes of action, suits, claims, demands, or judgments of any nature whatsoever arising from injury to or death of persons or damages to property resulting from Tenant's use of the Premises caused by any act or omission, whether intentional or otherwise, of Ten ant or its employees, servants, contractors or agents, 32. COMPLIANCE WITH LAWS AND REGULATIONS Tenant agrees to and will comply with all applicable federal, state and local laws, ordinances and regulations, Tenant acknowledges and agrees that it will dispose of trash and grease in the containers designated by the Landlord for such disposal and not dispose of such su bstances in a manner that would violate applicable federal, state and local laws, ordinances or regulations. . C:\DOCUMENTS AND SETTlNGS\EDCT1\DESKTOp\TAVERN LEASE.DOC 10 33. FORUM SELECTION AND CHOICE OF LAW By virtue of entering into this Lease, Tenant submits itself to a court of competent jurisdiction in the City of Roanoke, Virginia, and further agrees that this Lease is controlled by the laws of the Commonwealth of Virginia and that all claims, disputes, and other matters shall only be decided by such court according to the laws of the Commonwealth of Virginia. 34. FORCE MAIEURE In the event that either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lockouts, labortroubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war; or other reason of a like nature not the fault ofthe party delayed in performing the work or doing acts required under the terms ofthis Lease, then the time allowed for performance for such act shall be extended by a period equivalent to the period of such delay. The provisions of this Section shall not operate to excuse Tenant from the prompt payment of rent, Common Area Maintenance Fee or any other payments required by the terms of this Lease. 35. EQUAL EMPLOYMENT OPPORTUNITY: During the performance of this Agreement, Tenant agrees as follows: (a) Tenant will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of its business. Tenant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (b) Tenant, in all solicitations or advertisements for employees placed by or on behalf of Tenant, will state that Tenant is an equal opportunity employer. Tenant will include the provisions ofthe foregoing subsections (a) and (b) in every contract or purchase order of over ten thousand dollars and no cents ($10,000.00) so that the provisions will be binding upon each contractor or vendor. (c) 36. DRUG-FREE WORKPLACE: (a) During the performance of this Agreement, Tenant agrees to (i) provide a drug-free workplace for its employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of Tenant that Tenant maintains a drug-free workplace; and (Iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. (b) For the purposes of this section, "drug-free workplace" means a site for the performance of work done in connection with a specific contract awarded to a contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, C\OOCUMENTS AND SETTlNGS\EDCTl\DESKTOp\TAVERN lEASE. DOC 11 possession or use of any controlled substance or marijuana during the performance of the Agreement. 37. RULES AND REGULATIONS Tenant agrees to comply and adhere to Landlord's rules and regulations concerning the Building as stated in the attached Exhibit "0" attached hereto and made part of this lease 38. SIGNAGE Tenant agrees to comply and adhere to Landlord's regulations concerning signage as stated in the attached Exhibit "E" attached hereto and made part of this Lease. 39. GUARANTY By virtue of entering into this Lease, Tenant agrees to have executed the Guaranty contained in Exhibit "F" attached hereto and made part of this Lease. Such Guarantor(s) shall first be approved by landlord in writing. Tenant agrees to provide information concerning Guarantor(s) to Landlord upon request. 40. LIABILITY OF LANDLORD Landlord shall not be liable to Tenant, its employees, agents, business invitees, licensees, customers, clients, family members, guests or trespassers from any damage, compensation or claim arising from the necessity of repairing any portion ofthe Building, the interruption in the use of the Premises, accident or damage resulting from the use or operation (landlord, Tenant, or any other person or persons whatsoever) of elevators, or heating, cooling, electrical or plumbing equipment or apparatus, or the termination of this Lease by reason of the destruction of the Premises, or from any fire, robbery, theft, and/or any other casualty, or from any leakage in any part or portion of the Premises or the Building, or from water, rain or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing work in the Building, orfrom any other cause whatsoever. Any goods, property or personal effects, stored or placed by Tenant in or about the Premises or Building, shall be at the risk of Tenant, and Landlord shall not in any manner be held responsible therefore. The employees of Landlord are prohibited from receiving any packages or other articles delivered to the Building for Tenant, and if any such employee receives any such package or articles, such employee shall be the agent of the Tenant and not of Landlord. Intentionally Omitted C\DQCUMENTS AND SETnNGS\EDCT1\DESKlOp\TAVERN LEASE.DOC 12 ATTEST: Stephanie M. Moon, City Clerk Approved as to Form: Assistant City Attorney C:\OOCUMENTS ~ND SETllNGS\EDCTl \DESKTOP\TAVERN LEASE,DOC LANDLORD: CITY OF ROANOKE By: (SEAL) Print Name: Darlene Burcham Title: City Manager TENANT: By: Print Name: Title: (SEAL) SS#:______________________________ Witnessed By: 13 EXHIBIT A FLOOR PLAN C\DDCUMENTS AND SETTlNG$\EDCT1\DESKmP\TAVERN LEASE.DOC 14 .' " I~ ' ^I~~ -: ~j ~~ o~\ ~ '-':1 '11[;l1l1'12f9 ~' ',L" ~I III 0 IHI~' ' ""oLll I III 0 rll~~'. I' .0 - '" ~II.I " ' /~ ,.'.. ~. I , _. .:,C j";' ... III \\ ~,:-, ua.D.____~ . -'-" . -, o(e~a .IAQ.....].o t ~.^~~I:: 6cfb ~ ~ : 10)0\ ", -= lJb ~ 0> J ....,~ q.;p ,,':" .sl~ '..-=- ,~ , " o 0 .$''L ,. ..;::, Iff! ""Co \ .I h f II. lq\ <10 \ . , Lor. \ II t. [] III Q~ \ , I r 0 ~ 'bO\ ~~\ ~___J b"to\ G-m --7!' HI ',~I ..1 j G. ',.-.~ ~~~ "'-'" h\\ ~" I I, ~l\ EXHIBIT B COMMON AREAS FLOOR PLAN Attach here '-- C:\DOCUMEN15AND SElllNGS\EDCT1\DESKTOP\TAVERN LEASE.DOC 15 .;:;~:' ~ " z 0 ;; , .. IlIl 0 ~~ ~ 3 a " ) ,. .. ,I~; ~ I ... .. .. I It . I ~I I . , i I I I I I 1....1 t; W I (y l..1 I 1-. a::: (/) I- I.; (f) i I ,-I ~. _J I c:r. <( I <( IIi 3: ~ 1-; I , Ih f~ fl' il~ I ti nl' PI- , r: J I ! ~ I. '-, , , Ii I I 3nN3^\f ll38d~\fJ ------ EXHIBIT C MENU Attach here if Food Court Tenant C\OOCUMENTS AND SETTlNGS\EDCT1\DESKTOP\TAVERN LEASE.DOC 16 ~~S-~~'~~~~S-"'::':~-'~~:':~A~',~:=~~~~:' ' , ' -:..---,.._~.. " ~:.-.- - ~--. -. .,~_.~. ,-,---,-;~~,'o"=:2,' --77't7'" '. - --~.. .,-.- ~"';'-<G__,__-2~.~.~- ...::..,.-'--> .,.._----J--. ! .' ..... -_.- -.,-*.-,'," ., --'--_...."."'.'_.__...'..... .~'.:.-,:=-~ - - ...,~.-:::~.:~...;.;;;:;..::..;;..,--;,~~..--:"':";"" I I.-.-~."" ,'.- .._w:.-.- _ .~ -- , ,.,.......... -.;l!I'"-" ,...... _...~: ,tI!".-.....,.,-.".. I~=~ '.,.....,....: -.,""" ".....-....~ ~..:: ....~ .................. :~,'., ~'.,..,"....., IO-""'~., rf~: .'~~"~"~ ~..,_. '.,.-',' I' ,...,I"'~..r ~!?~ ~ i';' -- .:...-. ;;~~ :-'t~ -...:. , ~. :- ,,-..,. ~.~.. ~~.:.,- lol1l"'-<<'" ~~;~jj[~~~.tl~~~c~~~I~t~~~s~ eJio- _."~' __y~~.~~! _ ..~_ ,.__,~IiCmi.~~tlii1ias, -..' ~~..,':...~ ,;:;;...:.~- - " ~~~~~~~~. 'lC.-"J;L..~":" ":;~-~;'".:-;;::;-";.~:"':::::-':'-:::;;':":':';"'- .:-~...., ... " ,.' ',.,. . 'Ollm . 'if 11I1iIem-.Wr !.U..t'-,---' -.--'.. ,,-- ,uh."_"_' ... .,......" rE~~~:f.a~r~~~~ SClUp Of The Da~ Monda)' - Tuesda)' Roasted Red Pepper & Gouda Cheese 52.75 (cup). 53.75 !I)Cll'1I 4:. Wed n esda)1 - Th u rsda)' Broccoli Cheese & Chicken s~~e..d in a bread bowl S.3. i .) Frida)' - Saturda)' New England Clam Chowder 53.00 (CUP) $4.00 O)cll~H Seroed [oel)lda)1 french Onion Scup 54.25 Homemade Chili 54.65 topped with cheddar cheese serued with tortilla chips Ranch Blue Cheese Italian 1000 Island Hon~ Mustard Mandarin Orange Parmesan Peppercorn Raspber~ Vinaigrette Add gcrgcnzela te an~ salad 8.95 Chef Salad S7.95r' fresh garden salad mix. cucumbers, broccoli, ]i,~.. cheese. mushrooms. tomatoes, turk~. ham, j;~.'".... ,. bacon, onions & almonds . ....., Grilled Chicken Salad i }' fresh garden salad mix..cucumbers. broccoli, cheese, mushrooms. tomatoes & almonds topped with grilled chicken (ma~ substitute cris~ chicken or )Jellow fin tuna steak) S8.25 S9.oo (blackened) Chicken Salad Si.75 fresh garden salad mix, cucumbers. broccoli, cheese, mushrooms, tomatoes & almonds topped with chicken salad Tuna Salad $8.00 fresh garden salad mix. cucumbers, broccoli, ; cheese. mushrooms. tomatoes & almonds topped with tuna salad ~ Caesar Salad romaine lettuce tossed with parmesan cheese & caesar dressing $7.75 (chickenl $7.95 (cr.jsp~ chicken) S8.50 (~elhjll~ fin tLlna steak> . Penne Pasta Salad S5.50 romaine lettuce & penne pasta tossed with pannesan cheese & italian dressing. -'_ (add crisp)1.grilled or blackened ,chiCken> Sut. . (add )Jellow fin tuna steak) $8.00 ~. . 0;< 1 ': . Side HOllse or Caesar Salad S3.25 ackened Ba)1oll S I 0.95 strips of blackened chicken seroed ooer. 11/ red beans and rice, topped with aglio Oli~~ seroed with garlic toast ~.,: Homemade Meatloaf $9.95 .,,' seroed with ~our choice of side Chicken Aglio Olio S 10.95 blackened or grilled chicken, topped with; agllo olio, seroed with ~our choice of side "" Yellolll rin Tuna Steak S I :3.95 ' blackened or grilled ~ellow fin tuna steak, served with )lour choice of side Chicken Parmesan S 12.95 grilled chicken topped with marinara, mushrooms & prooolone cheese. served with ~our choice of sIde Chicken Florentine S 12.95 grilled chicken topped with spinach & melted prooolone cheese. seroed with )lour choice of side Salad Trio 57.95 . tuna salad, chicken salad & ~our chOice of macaroni salad or potato salad r' Vegetarian Quesadilla $5.95 with mushrooms, green peppers, onions, broccoli, tomato & cheddar cheese serued with side of salsa & sour cream Vegetarian Sub S(j,25 grilled portabella mushrooms, tlnion, green peppers, marinara & prooolone che~ Vegetarian Burger $6.50 whole grilled portabella mushroom, grilled green peppers & cheese, , seroed on a kaiser or onion roll Vegerarian Bak~ $8.95 rice, porrabella mushrooms, green peppers, marinara & cheese, layered and baked s0roed (.viti) garlic toast > .. .. ~,' . Red Beanf& Rice Platter $5.50 to'pp.edwHh aglio 0110 serued with garlic toast EXHIBIT 0 RULES AND REGULATIONS 1, All trash must be kept in a covered container, or if requested by Landlord, in a Dumpster or similar container furnished and serviced at Tenant's expense. 2. Tenant shall keep lights on in show windows, leased food court space and lights on under marquee, if any, from 10:00 a.m. until 6:00 p.m. 3. Tenant agrees to handle all deliveries and refuse through the Salem Avenue entrance (if one) of the Premises. 4. No sign shall be permanently affixed to the plate glass of any window without prior written consent of Landlord. 5. No solicitation material shall be displayed inside the building or affixed to the exterior of the building, 6. Tenant shall keep Premise's, windows and window frames clean (inside and out) at all times and wash them weekly, 7. Tenant shall keep Premises' floors free of trash, chewing gum and other debris, and shall scrub and wax all tile or plastic flooring at least weekly. 8. Tenant is responsible for the replacement of light bulbs in its space 9. Tenant is responsible for the replacement of air-filters and the monthly maintenance of their exhaust fans in its Premises by a licensed contractor ona basis predetermined by the Landlord. 10. Tenant shall be responsible for breaking down and having all cardboard boxes ready for pick up. 11. (Applies only to Food Court Vendors) Providing the. availability of space for the purpose of storage, Landlord will allocate equally among all food vendors a set amount of space for the storage of a freezer or a refrigerator, food items and paper products. Items must be stored in accordance with Health and Fire codes. No restaurant equipment (unused or in disrepair) is to be stored in the area under any circumstances. Any prohibited items stored in this area will be removed at Tenant's expense. Tenant's not maintaining their own storage space per Health and Fire code requirements will be assessed a $100.00 fee per occurrence. If a Tenant's space is in violation more than three times in a given year, Landlord will rescind Tenant's option to use available space. C:\DOCUMENTSAND SETTlNGS\EDCT1\DESKTOp\TAVERN LEASE.DOC 17 EXHIBIT E SIGN REGULATION No sign, advertisement or notice shall be inscribed, painted, affixed or displayed on walls, windows, or any part of the outside or the inside"of the Building including the directories, in place, number, size, color and style, unless approved by Landlord. If Tenant nevertheless exhibits such sign, advertisement or notice, landlord shall have the right to remove the same and Tenant shall be liable for any and all expenses incurred by Landlord by such removal. Tenant further agrees to maintain such sign, canopy, decoration, lettering, advertising matter or other thing as may be approved in good condition and repair at all times. Landlord shall have the right to prohibit any advertisement of Tenant which in its opinion tends to impair the reputation of the Building or its desirability as a high-quality festival marketplace for retail stores or food related businesses, other institutions of like nature, and, upon written notice from Landlord, Tenant shall immediately refrain from and discontinue any such advertisement. C\DOCUMENTS AND SETTlNGS\EDCTI\DESKTOP\TAVERN LEASE. DOC 18 EXHIBIT F GUARANTY PERSONAL GUARANTEE Intentionallv Omitted C\DDCUMENTS AND SETT1NGS\EDCTl \DESKTOP\TAVERN LEASE.DOC 19 The Roanoke Times Roanoke, Virginia . __"_." Affidavit of Publication NOTICEOFPUBLlC; Th R k T . . HEARING I e oano e lmes. The City of Roanoke _ _ _ _ _ _ - - - _ _ _ _ _ _ _ - - - _ _ _ - _ - - - - - _ _ _ _ _ - - - - _ _ _ _ _ _ _ _ _ _ _ _ + _ _ _ _ _ pro p 0 s est o. I e a s e _ _ _ _ _ _ _ _ approximately 1394.42 I square 'feet of City'owned I property located in the Roanoke City Market I 'Building al 32 Market Square,Roanoke, Virginia I 24011, to C..Roger Lamm, III, d/b/a Tavern On The' I Market, LLC, to be used as a: food court business, on at I month to month basis: beginning August 1, 2009, I I such terms not to exceed one year. I Pursuant to the ,r e qui rem e n t s 0 f I ~~15.2,1800 and I _15.2-~~13, C~~ Virginia (1950) as amended, notice I is hereby given that the City Council of the City of I Roanoke will hold a public I hearing on the above matter at its regular meeting to be I held on Monday, July 20, 2009, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 2401.1. ! 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 6n said matter. If you are a person witli a disability.who needs accommoilations.for this hearing, please conlact the I' City Clerk's Office at (540) 853,2541, before 12,00 I noon on Thursday, July 16, 2009. I GIVEN under my hand this 7th day of July, 2009, I. STEPHANIE M. MOON , CLERK ,I (11503557) , I . 1_--_-.- OFFICE OF ECONOMIC 117 CHRUCH AVE ROANOKE VA 24011 DEVELOPMENT REFERENCE: 80084300 11503557 NPH-Tavern on the Ma State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World CorpQration, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Vir~'nia. Sworn and subscribed before me this \ day of JULY 2009. Witness my hand and --- -- official seal. Notary Public \\\111111", ",\ ~DY A"" ......' X'IX ...... "-1j-'''" PUBLISHED ON: 0 7/11 ...... ~ ..' NO ". ~"" ... .' {I'I:>';' .. ... . P "'1,' .. ~ * / AE: U8UC ....~ ~ - . G'I/70 '- = C'): My COM, 90930: = - c>. MM/SS/ON . *" = ~~'" ;/ S .: E ":... ~".. ..,l....~ ~ TOTAL COST: 193.44 ...... 1p1'.t1..........n~ ......... ""'" "1lTH Or \j\" ,," FILED ON: 07/11/09 ""'"'"1\\\\' - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -.. - - - - - - - - - - - -+- - - - - - - - - - - -.. - -.. - - - - -.. -.. Billing Services Representative ff!Jv NOTICE OF PUBLIC HEARING The City of Roanoke proposes to lease approximately 1394.42 square feet of City-owned property located in the Roanoke City Market Building at 32 Market Square, Roanoke, Virginia 24011, to Tavern On The Market of Virginia, LLC, to be used as a food court business, on a month to month basis beginning August 1,2009, such terms not to exceed one year. Pursuant to the requirements of 9915.2-1800 and 15.2-1813, Code of Virginia (1950) as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Monday, July 20, 2009, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. Further information is available from the Office of the City Clerk for the City of Roanoke at (540) 853-2541. Citizens shall have the opportunity to be heard and express their opinions on said matter. If you are a person with a disability who need~ accommodations for this hearing, please contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday, July 16, 2009. GIVEN under my hand this 7th day of July ,2009. STEPHANIE M. MOON CLERK K:\David\Council Work\PH NOTICE Tavern On The Market of Virginia, LLC lease 7-20-09.doc Notice to Publisher: Publish in the Roanoke Times on Saturday, June 11,2009. 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: Cassandra Turner Economic Development Specialist 117 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2715 .;: c ..- / ~'r~ May 1, 2009 Inner City Athletic Association Proposal Submitted to Roanoke City Parks and Recreation "I always turn to the sports pages first, which record people's accomplishments. The front page has nothing but man's failures." Chief Justice Earl Warren (1891-1974) Inner City Athletic Association has been an established organization and has been in existence for over thirty years in the QJty of Roanoke. With limited resources, Inner City has operated as a 501c organization recognized by the State Commission of Virginia. Inner City has served our city's youth for over three decades who have dealt with many life struggles, such as poverty, single parent homes, academic struggles and domestic violence. Inner City Athletic Associ.ation offers athletic programs that have been vital in reaching the youth within our community. Our coaches have served as mentors, advocates, and parenting figures. We have assisted the youth in building character, self- esteem and motivation to succeed despite life's challenges. As an organization, our main focus has been to reach the youth, who otherwise may not have been afforded the opportunity to participate in athletics. The majority of youth who participate every year have positive memories of our organization and some will and have achieved great heights by their participation. Our goals have been to provide opportunities for at risk youth, teach the fundamentals of sports, and to encourage academic success in school. The Inner City Athletic Association would like for the City of Roanoke, Parks and Recreation to recognize our organization's dedication to the youth of this city and to allow us to be identified as a "Stand Alone" recreation club. We would like to have established boundaries targeting the areas within Region One. Our club would offer cheerleading, basketball and football. We would be willing to consolidate all other sports within Region One as one club under the same 501 c. Please consider this proposal as we are eager to continue to provide a quality athletic program for the City of Roanoke's at risk youth. Respectfully Submitted, ".. May 19,2009 Steve Buschor, Director City of Roanoke Parks and Recreation 210 Reserve Avenue SW Roanoke, VA 24016 Steve: This letter is regarding the collaborative efforts of Roanoke City Parks and Recreation Athletic Division and the Vouth Athletic Council (VAC) to merge Region I recreation clubs. As discussed during the VAC meeting on 05/11/09, Inner City Athletic Association (ICAA) does not support the merger and has requested to be recognized as a "Stand Alone" club, or recommended implementing a Region 5 which entitles the rezoning of all recreation clubs. We have included a copy of ICAA's proposal that was submitted to VAC as a possible solution to any legitimate concerns that VAC may have regarding the number of existing clubs and the status of those clubs. Please note that some members of the VAC committee voted against the proposal; while the other original members were not present to vote. In addition, the vote generated some serious questions of conflicts of interest, as well. Please be advised that Inner City Athletic Association is the oldest and largest club in the City!s network serving at-risk and low income youth and parents. Most importantly, ICAA is recognized as a separate legal entity, a 501(c)3 nonprofit organization with the Commonwealth of Virginia. ICAA understands that our athletic services are offered through a partnership with Roanoke City Parks and Recreation; however we assume full responsibility for drafting of players, coaches and volunteers, insurance, athletic equipment, registration, transportation, etc. ICAA is highly concerned that these responsibilities and barriers have not been identified nor a strategy plan developed prior to consolidation to ensure effective service delivery to Region I youth and parents. Therefore, in order to assist ICAA in gaining a clearer understanding of the V AC policies and procedures, we are requesting from Parks and Recreation all documentation and'minutes regarding the formation and responsibilities governing the Vouth Athletic Council Committee. As informed by Parks and Recreation Athletic Coordinator, Cindy McFall, the VAC documents/minutes should date back to the year 2003 to current (2009). We are requesting all documents to be submitted or made available to leAA by June 4,2009. If unable to retrieve these documents, ICAA is requesting Parks and Recreation to withhold VAC from implementing Region I merger until adequate documentation is developed and approved by all authorized VAC members; otherwise leAA will pursue legal action. We anticipate that you will intervene in this matter and assist us in reaching a more satisfactory solution that will serve in the best interest of all parties involved within Region I. We look forward to meeting with you on OS/20/09 and addressing all concerns regarding this matter. Sincerely, 4f(dvG;)~ Kiann Trent, President Inner City Athletic Association ATI-l1.l!nc ASSOClA'I'ION 00 BOX 6023 BOA.!'iOli.H, y" 2M}I1' May 26, 2009 City of Roanoke Parks and Recreation Youth Athletic Council 210 Reserve Avenue SW Roanoke, VA 24016 To Whom It May Concern: On behalf of the Inner City Athletic Association (ICAA), I would like to inform the Youth Athletic Council (V AC) and Roanoke City Parks and Recreation that ICM will be withdrawing from the Region I merger effective 5/26/2009, ICAA is aware that our decision will result in the inability to offer recreation sports under partnership with Parks and Recreation, As a well established and respected organization within the community, ICAA wiU seek to establish a partnership and offer a continuum of services to assist in meeting the needs of our youth from a holistic perspective. ICAA has a strong commitment and investment in the Inner City community; therefore, [eM will assume the responsibility of informing our parents, players and coaches regarding our decision. Despite our res- ervations with the Region I merger, we will encourage our parents to make a decision in the best inter- est of their child(ren). We are requesting that all parties involved in Region 1 refrain from using the or- ganizational name (Inner City Athletic AssoCiation) in any documentation supporting the merger. ICAA will continue to operate as a 501c3 nonprofit organization, and wish to experience no conflict olinter- est, Most importantly, effective today,ICM request that 00 past or present coach, volunteer, officer, or board member be recognized as a representative for ICAA. These individuals will serve as strong advo- cates for the youth within the Inner city community; however, no ICAA materials, documents (i.e., Insur- ance, by-laws, financial reports), nor equipment be produced or provided. Failure to adhere to thisre- quest is in direct violation of!eM rights as a recognized nonprofit organization with the Commonwealth' of Virginia. In closing, ICM would like to thank Roanoke City Parks and Recreation for listening to our concerns and sharing ideas. We hope they will not be taken lightly, and be implemented within the policies, standards and procedures within Region I merger. If you have any questions or concerns regarding this matter, please contact lCAA President (Klann Trent) @ 54{)"915-8842. ~w-)-e8 Kiann Trent, ICAA President June 29, 2009 Steve Buschor, Director City of Roanoke Parks and Recreation 210 Reserve Avenue SW Roanoke, VA 24016 Steve: On May 1, 2009, Inner City Athletic Association (ICAA) submitted a proposal before the Youth Athletic Council (YAC) as advised by Cindy McFall, Athletic Coordinator for Roanoke City Parks and Recreation. The proposal provided a brief history of ICAA and its contribution to Roanoke inner city youth and addressed ICAA concerns with Region 1 merger plans. ICAA requested to remain as a Stand Alone organization or implementing a Region 5 as an alternative to merging multiple recreation clubs. This proposal request was denied by present YAC representatives. At this time, ICAA would like for Roanoke City Parks and Recreation to reconsider proposal under provisional status for 1 year beginning Football Season 2009. Our reason for provisional status is based the following factors; inadequate planning and implementation of Region 1 policies, procedures and operations, imposed region wide drafting, and continued financial responsibility for club operation. Please be advised that ICM is not agreeing to join Region 1 under present circumstances and conditions; however we do foresee the benefits of operating as a stand alone organization under provisional statu~; therefore allowing all clubs to accomplish intended goals (Le., grant writing, athletic and education services) through community partnerships. ICAA is fully aware that time is essential as we are quickly approaching football season; however we strongly believe that continuing to move forward this year with Region 1 will create a gap in services for Roanoke city youth and damage positive relationships and our youth sense of belonging. \ C)-/~JzJ4A ~~ {,; "'. MEMORANDUM Roanoke Parks and Recreation 210 Reserve Avenue, SW Roanoke, Virginia 24016 PH: 540 853.2236 FAX: 540 853.1287 PARKS AND RECREATION July 6, 2009 Inner City Athletic Association Kiann Trent, President Dear Ms. Trent, '~ Thank you for attending the Youth Athletic Council meeting and presenting your organization's proposal on June 30, 2009. The Youth Athletic Council discussed this, proposal requesting ICM remain a stand alone recreation club under provisional status for one year beginning with the 2009 football season. After much discussion, the Youth Athletic Council decided not to accept this proposal by a four (4) to" zero (0) vote. The members stated that the consolidation of recreation clubs began in 2003 and ICM has been involved from the beginning, therefore, they did not agree that the decision was made in haste or is being rushed. Their understanding from the letter received from your organization on May 26, 2009 is that ICM IS intention is to withdraw from the Region I merger and from future participation in yo.uth athletics in the city. In closing, thankyou again for your presentation and your organization's past service to our city's youth athletic program. If you have any further questions or concerns, please contact me at 540-853-1253 or cindV.mcfall@roanokeva.Qov. Sincerely, Cindy L. McFall Athletic Coordinator ./ 'J CONCEPTUAL MASTER PLAN W Parks & R ASHINGTON P ecreation De ARK COMMU partment . City f NITY PLA o Roanoke V' .. N - UPDATE , Irgmla