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HomeMy WebLinkAboutCouncil Actions 08-16-10 PRICE 38910-081610 ROANOKE CITY COUNCIL REGULAR SESSION AUGUST 16, 2010 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order--RolI Call. All Present. The Invocationwas delivered by The Reverend 'Stephen R. Stanley, Pastor, Christ Episcopal Church. The Mayor called for a Moment of Silence in recognition of the passing of John Fishwick; and instructed the City Attorney to prepare the appropriate measure for action by the Council at a future Council meeting. 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, August 19 at 7:00 p.m., and Saturday, August 21 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. THE CITY CLERK'S OFFICE PROVIDES THE MAJORITY OF THE CITY COUNCIL AGENDA ON TH,E INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT WWW.ROANOKEVA.GOV.CLlCK ON THE GOVERNMENT ICON. 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. PERSONS WISHING TO ADDRESS COUNCIL WILL BE REQUIRED TO CONTACT THE CITY CLERK'S OFFICE PRIOR TO THE MONDAY COUNCIL MEETING, OR REGISTER WITH THE STAFF ASSISTANT AT THE ENTRANCE TO THE COUNCIL CHAMBER PRIOR TO COMMENCEMENT OF THE COUNCIL MEETING. ONCE THE COUNCIL MEETING HAS CONVENED, THERE WILL BE NO FURTHER REGISTRATION OF SPEAKERS, EXCEPT FOR PUBLIC HEARING MATTERS. ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH; HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLOTTED THREE MINUTES. ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITTEE MAY CONTACT THE CITY CLERK'S OFFICE AT 853-2541, OR ACCESS THE CITY'S HOMEPAGE TO OBTAIN AN APPLICATION. THE COUNCIL OF THE CITY OF ROANOKE IS SEEKING APPLICATIONS FOR THE FOLLOWING CURRENT OR UPCOMING VACANCIES: CITY OF ROANOKE FINANCE BOARD - ONE VACANCY ROANOKE CIVIC CENTER COMMISSION - ONE VACANCY YOUTH SERVICES CITIZEN BOARD - TWO VACANCIES ROANOKE NEIGHBORHOOD ADVOCATES - THREE VACANCIES ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY - ONE VACANCY ARCHITECTURAL REVIEW BOARD - TWO VACANCIES ECONOMIC DEVELOPMENT AUTHORITY - TWO VACANCIES 2 THE CITY OF ROANOKE IS CURRENTLY ACCEPTING NOMINATIONS FOR THE 2010 CITIZEN OF THE YEAR. CONTACT THE CITY CLERK'S OFFICE OR ACCESS THE CITY'S HOMEPAGE TO OBTAIN A NOMINATION FORM. DEADLINE FOR RECEIPT OF NOMINATIONS IS FRIDAY, SEPTEMBER 24, 2010. 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: A Resolution memorializing the late Gordon E. Peters, former Treasurer for the City of Roanoke. Adopted Resolution No. 38910-081610 (7-0). The Mayor presented ceremonial copies of Resolution No. 38910-081610 to Mrs. Peters and two adult children. 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. The following individuals appeared before the Council: Robert Gravely with regard to social injustice George Riles with regard to the Inner-City Athletic Association 4. CONSENT AGENDA (APPROVED 7-0) . 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 A communication from James M. Turner, Jr., tendering his resignation as a City representative of the Roanoke Regional Airport Commission. RECOMMENDED ACTION: Accepted the resignation and received and filed the communication. 3 C-2 Reports of qualification of Gregory W. Staples as a member of the Personnel and Employment Practices Commission for a three-year term of office ending June 30,2013; and Greg Webster as a member of the Roanoke Arts Commission to fill the unexpired term of Lawrence E. Johns ending June 30, 2012. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: a. A communication from the Commonwealth's Attorney recommending acceptance of the Victim/Witness Program Grant; a communication from the City Manager concurring in the recommendation; and appropriation offunds. Adopted Resolution No. 38911-081610 and Budget Ordinance No. 38912-081610 (7-0). b. Request of the Roanoke City Electoral Board for relocation of three polling sites for certain precincts as a General Election will be held on Thursday, November 2, 2010. Adopted Ordinance Nos. 38913-081610, 38914- 081610 and 38915-081610 (6-1, Council Member Lea voting no.) 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: 1. Acceptance and appropriation of funds for the Employment Advancement for Temporary Assistanceto Needy Families (TANF) Participants Grant from the Virginia Department of Social Services. Adopted Resolution No. 38916-081610 and Budget Ordinance No. 38917-081610 (7-0). 2. Acceptance and appropriation of funds for the National Endowment for the Arts Access to Local Arts Grant. Adopted Resolution No. 38918-081610 and Budget Ordinance No. 38919-081610 (7-0). 4 3. Acceptance of a donation of a parcel of land on the south side of Hartsook Boulevard, S. E., from Richard H. and Gail G. Kepley. Adopted Ordinance No. 38920-081610 (7-0). 4. Amendment of the City Code to add an additional exemption under the City's Stormwater Management Ordinance for linear development projects. Adopted Ordinance No. 38921-081610 (7-0). 5. Execution of the 2010-2011 CDBG Subgrant Agreement with Total Action Against Poverty il1 the Roanoke Valley to conduct housing activities for Fiscal Year 2010-2011. Adopted Resolution No. 38922-081610 (6-0, Council Member Rosen abstaining). 6. Execution of Amendment No.2 to the contract between the City of Roanoke and 220 Church, LLC, for purchase and sale of real property located at 220 Church Avenue, S. W. Adopted Ordinance No. 38923-081610 (6-1, Mayor Bowers voting no). 7. Execution of Amendment NO.2 to the contract between the City of Roanoke and W. E. Muse Station, LP, for purchase and sale of real property located at 425 Church Avenue, S. W. Adopted Ordinance No. 38924-081610 (7-0). 8. Execution of additional changes orders to the contract between the City of Roanoke and Total Environmental Concepts, Inc., in connection with the former Virginia Scrap Iron and Metal Company property. Adopted Ordinance No. 38925-081610 (7-0). 9. Transfer offunds in connection with the transition of responsibility for School Crossing Guard activity. Adopted Budget Ordinance No. 38926-081610 (7-0). 10. Approval and execution of Budget Amendment No.3 to Amended and Supplemented South Jefferson Cooperation Agreement 2 between the City and the Roanoke Redevelopment and Housing Authority, including the Fourth Amended Budget; and appropriation of funds. Adopted Ordinance No. 38927-081610 and Budget Ordinance No. 38928-081610 (7-0). COMMENTS BY CITY MANAGER. The City Manager announced the upcoming 2010 Virginia Statewide NeighborhoodConference to be held at The .Hotel Roanoke and Conference Center on September 24, 2010; He referenced several awards received by the City of Roanoke; and recognized Carolyn Glover as Director of Human Resources. 5 , " 8. REPORTS OF COMMITTEES: a. A report of the Roanoke City School Board requesting appropriation offunds to various grant programs; and a report of the Director of Finance recommending that Council concur in the request. Kathryn K. Fox, Lead Accountant, Spokesperson. Adopted Budget Ordinance No. 38929-081610 (7-0). \ 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: a. A resolution designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Session and meetings of the Virginia Municipal League and designating a Staff Assistant for any meetings of the Urban Section, in connection with the Annual Virginia Municipal League Conference to be held on October 3 - 5, 2010, in Hampton, Virginia. Adopted Resolution No. 38930-081610 (7-0). 11. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. Council Member Rosen recogn~zed Council Member Lea on receiving a national award for criminal justice services. Vice-Mayor Trinkle requested an update on the opening of the pools during the hot days of summer; and he announced the Blessing of Schools scheduled to be held on Sunday, August 22,2010 at 4:00 p.m., at William Fleming High School. ' Council Member Lea asked the City Manager to look into the possible use of cameras to monitor neighborhood streets, and report findings to the Council. Council Member Ferris commended City staff on its efforts relating to the public l!Ieetings regarding Countryside. Mayor Bowers stated that he was pleased with the feedback from his State of the City Address given on Thursday, August 12. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. None. . AT 4:33 P.M., THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL 7:00 P.M., IN THE COUNCIL CHAMBER. 6 ROANOKE CITY COUNCIL REGULAR SESSION AUGUST 16, 2010 7:00 P.M. CITY COUNCIL CHAMBER 'AGENDA Call to Order--RolI Call. All present. 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 RVTV Channel 3 on Thursday, August 19 at 7:00 p.m., and Saturday, August 21 at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. A. PUBLIC HEARINGS: 1. Request of Family Service of Roanoke Valley for exemption from real estate taxation on real property located at 360 and 366 Campbell Avenue, S. W. John F. Pendarvis, President and Chief Executive Officer, Family Service of Roanoke Valley, Spokesperson. Adopted Ordinance No. 38931-081610 (7-0). 7 2. Request of Peters Creek Square Development Group to rezone property located at 1717 Peters Creek Road, N. W., from CG, General Commercial District, and R7, Residential Single Family District, to CLS, Commercial Large Site District, subject to a certain proffered condition. Scott F. Easter, ACS Design, LLC, Spokesperson. Adopted Ordinance No. 38932-081610 (7-0). . 3. Request to amend Vision 2001-2020, the City's Comprehensive Plan, in connection with the Melrose-Rugby Neighborhood Plan, as amended; and the current Loudon-Melrose/Shenandoah West Neighborhood ~Ian, as amended. Christopher L. Chittum, Agent, City Planning Commission, Spokesperson. Adopted Ordinance Nos. 38933-081610 and 38934- 081610 (7-0). 4. Request of Innovative Educational Partners, LLC, to permanently vacate, discontinue and close a portion of Third Street, S. E., which is between Norfolk. and Campbell Avenues, S. E. Lucas Thornton, Agent, Spokesperson. Adopted Ordinance No. 38935-081610, as amended (7-0). B. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. The following individuals appeared before the Council: Robert Gravely with regard to deterioration of inner-city neighborhoods George Riles with regard to Inr:-er-City Athletic Association Jonathan Mack with regard to Inner-City Athletic Association Jamie Price with regard to Inner-City Athletic Association AT 8:29 P.M., THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL MONDAY, AUGUST 30, 2010, AT 8:30 A.M., IN THE NATURAL SCIENCE CENTER, VIRGINIA WESTERN COMMUNITY COLLEGE, 3096 COLONIAL AVENUE, S.' W., FOR A COUNCIL RETREAT. 8 ~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of August, 2010. No. 38910-081610. A RESOLUTION memorializing the late Gordon E. Pet~rs, longtime resident of Roanoke . and former City Treasurer. WHEREAS, Mr. Peters was born in Bluefield, West Virginia, and came to Roanoke with family in the late 1940s; WHEREAS, Mr. Peters was a graduate of Roanoke's Jefferson High School and attended Emory and Henry College and National Business College, studying accounting and other business subjects; WHEREAS, Mr. Peters interrupted his college experience to serve his country in the United States Army, spending three years in administration, in Stuttgart, Germany; WHEREAS, Mr. Peters was an enthusiastic outdoorsman who enjoyed hiking, canoeing, kayaking, and other outdoor activities; WHEREAS, Mr. Peters was also a fan of all types of sports, particularly University of Tennessee football, and was a longtime active member of the Fellowship of Christian Athletes, where he was a mentor for the organization's young people; WHEREAS, as an athlete who played softball and basketball, Mr. Peters earned the nickname "Wabbit" for his running speed (as well as for his way of pronouncing his R's), and was affectionately known by this moniker to his sports colleagues of all stripes; WHEREAS, Mr. Peters' love of sports inspired him to write articles for the Roanoke Times about high school football games, and to serve as a scorekeeper or clock operator - renowned for his precision - for Patrick Heilly and William Fleming High School basketball , games, as well as for the Virginia High School League, the NCAA, games at the Salem Civic Center, and Radford University men's home games for more than 30 years; WHEREAS, Mr. Peters was a member of First Baptist Church for some 22 years, where \ he served as an usher, and also helped count the proceeds; WHEREAS, Mr. Peters, who had worked as an assistant to Treasurer Johnny Johnson, ran for the office upon Johnson's retirement, and was elected to five consecutive four-year terms as Roanoke's Treasurer in 1977, 1981, 1985, 1989, and 1993 ; and WHEREAS, Mr. Peters, who retired as Treasurer in 1997 after a career with the City of Roanoke that spanned a total of 31 years, was not only recognized as a trusted public servant who loved the City and loved his job, but is also remembered as a wise and spiritual family man who always put the needs of other people first. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: I. Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Gordon E. Peters, and extends to his family its sincerest condolences. ) 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Peters' widow, Jackie Craft Peters, of Roanoke, Virginia. ATTEST: ~ m. ~6llW ..City Clerk r-T"T'-' r"j ~p;; · -1 01 c:tp; CO Ai11(ri:47 _",t! 1 ...~~..h J.,-;......J I '(.._ _". . 1Ilr. ROANOKE PARKS AND RECREATION MEMORANDUM Roanoke Parks and Recreation 215 Church Avenue, SW Room 303 Roanoke, Virginia 24011 PH: 540853.2236 FAX: 540 853.1287 TO: Chris Morrill, City Manager FROM: Steve Buschor, Director of Parks and Recreation MAYOR AND MEMBERS OF CITY COUNCIL For Your Information Only Chris Morrill, City Manager" DATE: August 27, 2010 RE: Youth Football Program Update , Over the past nine months Parks and Recreation and the Youth Athletic Council have made great strides in developing a fair and consistent youth team sports offering for the young people of Roanoke. Since finalizing the creation of four distinct regions with corresponding community recreation clubs, staff and volunteers have developed universal policies and procedures for administering youth athletics. Chief among them is a unified draft procedure. For the very first time, participants are evaluated and placed on teams under the supervision of Parks and Recreation staff in an effort to equally distribute talent among all teams. Fully implemented with fall 2010 sports, the draft will create parity among teams, making for an educational and enjoyable season for all participants. Additionally, participation has increased over last year. A total of 413 young men participated in football. This coming season will include 496 participants in football, an increase of approximately 20%. Participation within Region I, Star City Recreation Club, is up 71 participants, an increase of 27%. Below are some additional points that I wish to continue to make clear regarding this su bject. . · Every child in the City of Roanoke is entitled to participate in any recreational program, athletic or otherwise. · Every child that registers will participate regardless of their ability to pay. The department and the recreation clubs have scholarship partners for these precise circumstances. · The department has a Community Use Manual that identifies the order by which park fields and facilities are to be utilized. In the past the department has done everything possible to see that independent organizations are served to the best of our ability. I hope that this memo has served to provide more information and insight into this matter. If I can be of further assistant, please do not hesitate to contact me at 853- 2494 .or at steven.buschor@roanokeva.gov. MEMORANDUM PH: 540853.2236 Roanoke Park,s and Recreation . FAX: 540853.1287 21 5 Church Avenue. SW Room 303 Roanoke, Virginia 24011 PARKS AND RECREATION TO: Steve Buschor, Director of Parks and Recreation FROM: Michael Clark, Recreation and Youth Development Superintendent DATE: 18 August 2010 RE: Youth Football Update Over the past nine months Parks and Recreation and the Youth Athletic Council have made great strides in developing a fair and consistent youth team sports offering for the young people of Roanoke. Since finalizing the creation of four distinct regions with corresponding community recreation clubs, staff and volunteers have developed universal policies and procedures for administering youth athletics. Chief among them is a unified draft procedure. For the very first time, participants are evaluated and placed on teams under the supervision of Parks and Recreation staff in an effort to equally distribute talent among all teams. Fully implemented with Fall 201 0 sports, the draft will create parity among teams, making for an educational and enjoyable season for all participants. Additionally, participation has increased over last year. A total of 41 3 young men participated in football. This coming season will include 496 participants in football, an increase of approximately 20%. Participation within Region I, Star City Recreation Club, is up 71 participants, an increase of 27%. As outlined in the Community Use Manual for Athletic Programs and Facilities, each member organization of the Youth Athletic Council has the first right of refusal of athletic fields within their respective region. Once it is determined that a recreation club will not need or use a particular field, it is made available and can be rented to the general public and private organizations. Parks and Recreation staff work closely with the recreation clubs to free up unused fields ~o that other community groups and organizations can use them. Though it may not be the field of their choice, several fields are made available nonetheless. Staff and volunteers are very pleased and proud of the hard work and progress made over the course of this past year. The decisions made by the group will undoubtedly make for an area-leading, best practices offering. .. Should you need additional information or like to discuss this further, please contact me via email.michael.c1ark@roanokeva.gov.orphone.853.1198. Page 2 of 2 MEMORANDUM Roanoke Parks and Recreation 210 Reserve Avenue, SW Roanoke, Virginia 24016 PH: 540853.2236 FAX: 540853.1287 PARKS AND RECREATION TO: . Steve Buschor, Director of Parks and Recreation FROM: Michael Clark, Recreation Superintendent DATE: 19 May 2009 RE: Updated Recreation Club Consolidation Summary The following is an updated summary of the recreation club consolidation efforts. Brief History of Consolidation July - September 2003 Jim Farmer and Mark Moore met with representatives from each of the 14 recreation clubs to hear individual club concerns and better understand the issues faced in the community. Concerns brought up in these meetings included the following: - stop recruiting of players - kids need to play where they live - fees should be consistent throughout the city - a lot of kids are being left out - need marketing - should have four clubs only - one for each section of the city - define what a city recreation club should consist of - Parks and Recreation needs to take leadership and get more involved with the recreation c1u bs - need to connect with the schools: high school coaches doing clinics, grades - need background checks on coaches - various suggestions as to which clubs should merge - need more and better coaches - balance teams through "drafting procedures" - some clubs are weaker than others so all kids don't have the same - opportunities - all sports shou Id be offered in all regions November 18, 2003 Draft of the Background Screening Policy was presented and discussed in depth at the Youth Athletic Council (YAC) meeting. ~ - --. - ~- ---- ---.- -~_.~--.~-----~-~-------------- ~-_._-------~---------- December 9, 2003 Printed map showing the city divided into 4 main sections was revealed at the Y AC meeting. . . . . I January 13, 2004 The final Four Region Boundary Map was presented to YAC and approved. January 23, 2004 . Region I Recreation Club, All-star Boundary Board One, scheduled to meet to begin merger. February 10, 2004 Reported at the YAC Meeting that the Region I meeting scheduled for January 23,2004 was cancelled due to snow. "Drafting Procedures" developed by Parks and Recreation staffwere presented to Y AC. Many details are still to be determined but the following decisions have been made by The Youth Athletic Council and The City of Roanoke Parks and Recreation Department: - The current 14 recreation club system will be reconstructed as 4 independent clubs serving each of their respective 4 sections of the city. Region I, encompassing the northwest section of the city, will be served by a new recreation club. Current members (7) located in this area include: High Street, Inner City, Northwest, Pilgrim, Roanoke Catholic, Wilmont, YMCA. Region II, encompassing the northeast section of the city, will continue being served by the only club located in this area- Williamson Road. Region III, encompassing the southeast section of the city, will be served by a new recreation club. Current members (3) located in this area include: Garden City, Knights of Columbus, and Southeast. Region IV, encompassing the southwest section of the city, will be served by a new recreation club. Current members (3) located in the area include: GSSA, Heights, and Southwest. Fall 2005 Garden City, Knights of Columbus, and Southeast merged to form the new recreation club, South City'. September 25, 2006 Jim Deyerle announced a merger between the Southwest Athletic Association and the Heights Club at this YAC meeting. The new club will be called the Greater Southwest Athletics or GSA. Page 2 0(11 October, 2008 Following the transition of City of Roanoke Parks and Recreation Athletic staff in 2006, Region I Recreation Clubs were encouraged by the new staffto begin meeting to discuss and facilitate the consolidation agreed upon by the Youth Athletic Council. After no attempts were made by these clubs, Parks and Recreation decided to facilitate these meetings to begin this group moving toward consolidation. The Athletic staff met with the current participating clubs in Region I (YMCA, Wilmont, Northwest, Inner City) individually to explain what was happening and why. All these clubs agreed to participate in consolidation meetings. . October 27,2008 A Region I consolidation meeting was held at the Parks and Recreation Office. Representatives from Wilmont (Sandy Bond), Northwest (Clay Dawson), YMCA (Michael Smith) and Inner City (Hendrich Fortune) Recreation Clubs were present. The meeting attendees discussed the events that happened in the past that have lead to this consolidation. A Summary Letter from 2004 was also presented. November 10, 2008 A second Region I consolidation meeting was held with representation from the YMCA (Michael Smith), Wilmont (Sandy Bond) and Northwest (Clay Dawson) Recreation Clubs. Those present discussed inviting representatives from High Street, Pilgrim Baptist and Roanoke Catholic since these clubs were listed as a part of Region I. A statement outlining the benefits of consolidation was also requested of the Parks and Recreation staff. They also requested a letter of endorsement from Steve Buschor, Director of Parks and Recreation. December 15, 2008 A third Region I consolidation meeting was held. Representatives from Wilmont (Sandy Bond); YMCA (Michael Smith); and Northwest (Clay Dawson) were present. Michael Clark, Recreation Superintendent, attended to further clarify the City's position on consolidation. A Benefits of Consolidation Statement (listed below) was presented. It was decided that a certified letter would be sent to those clubs within Region I not in attendance to invite them to participate. January 26, 2009 A fourth Region I consolidation meeting was held with representation from the YMCA (Michael Smith), Wilmont (Sandy Bond), Northwest (Clay Dawson), Inner City Uerome Stephens and Hendrich Fortune), High St. Baptist (Duke Curtis), Pilgrim Baptist (Theo Taylor) and Roanoke Catholic (Stephen Niamke) Recreation Clubs.Jerome Stephens and Kiann Trent with Inner City arrived at this meeting and announced that Hendrich Fortune was no longer with their club and that Jerome Stephens would be assuming his role on the Youth Athletic Council. They also gave Dr. Fortune his Letter of Dismissal at this Page 3 of 11 meeting. Copies of past meeting minutes, the Benefits of Consolidation Statement, and the Summary Letter from 2004 were presented. These documents were discussed. A main concern from, Pilgrim Baptist, High St. Baptist and Roanoke Catholic was whether or not members that did not live in the City were eligible to play. It was decided that a meeting with these clubs, the YMCA, the Athletic Coordinator and the Recreation Superintendent would be held to discuss residency. Michael Smith with the YMCA agreed to organize the next consolidation meeting afterthe meeting about membership was held. February 12, 2009 A meeting was held concerning non-city resident members of the YMCA, Pilgrim Baptist, High Street Baptist and Roanoke Catholic participating in city team athletics. Duke Curtis telephoned before the meeting and said his church declined to participate at this time. Michael Smith, Stephen Niamke, Geraldine Reid, Cindy McFall, Nat Franklin and Michael Clark were present. The subject of residency was held and due to the level of subsidy these programs receive and the fact that other localities offer similar programs, it has been determined that all participants of youth team sports in the City of Roanoke will be required to be city residents. (See residency reasoning below) Those present requested a statement addressing the consolidation history, the benefits of consolidation and redistricting, the reasoning for residency and the desired outcome. February 23, 2009 A statement addressing the consolidation history, the benefits of consolidation and redistricting, the reasoning for residency and the desired outcome was sent to the representatives from Roanoke Catholic, the YMCA and Pilgrim Baptist. March 10, 2009 A consolidation meeting was scheduled with North West, Wilmont, Inner City and Pilgrim Baptist Recreation Club repre,sentatives for March 24,2009. March 12, 2009 A representative with Inner City Recreation Club Uerome Stephens) notified Parks and Recreation Staff of a Town Meeting to be held on Saturday, March 14 and requested their attendance. This invitation was declined given the short notice and staff having other obligations. March 17, 2009 Inner City Recreation Club (via Jerome Stephens) requested a meeting with the Recreation Superintendent and Athletic Coordinator to express their concerns before Region I convened to discuss the merger any further. March 19, 2009 A meeting date of March 23, 2009 with the Recreation Superintendent and Athletic Coordinator was proposed to the Inner City Recreation Club and Page 4 of 11 accepted. The Region I Consolidation Meeting scheduled for March 24 was postponed until after the meeting with the Inner City Recreation Club was held. The meeting with Inner City Recr.eation Club was rescheduled for April 1 , 2009 due to recreation staff sickness. April 1, 2009 A meeting with the Inner City Recreation Club was held at the Parks and Recreation Office. Those in attendance included Michael Clark, Cindy McFall, Nat Franklin and Amanda Mangum with Parks and Recreation; Jerome Stephens, Anthony Preston, Napoleon Bailey and three other coaches from the Inner City Recreation Club. The Inner City representatives discussed their concerns about consolidation in Region I. They discussed their mentoring and education program as a concern. They were assured that this consolidation would not affect those efforts but expanding this program to all youth in the Northwest Region would benefit so many more youth who need it. They stood firm that they did not want to merge but wanted to be a "stand alone" Recreation Club. They wanted to offer only football, basketball and cheerleading but wouldn't mind merging for all other sports. They suggested the formation of a 5th Region where they would be a stand alone club offering only football, cheerleading and basketball. Since the Youth Athletic Council voted to recognize 4 regions only, they were told they' must present this proposal to the YAC and that that council would vote as to whether a 5th region would be allowed. They agreed to this plan of action. They also requested to contact the other recreation club representatives in Region I to meet beforehand to discuss this proposal. They were told they were welcome to do that and to use the conference room that was already reserved for the next consolidation meeting on April 7,2009. They agreed and said they would contact the Athletic Coordinator to confirm the use of the room. They did not confirm. April 6, 2009 Representatives from Wilmont (Sandy Bond), Pilgrim Baptist (Geraldine Reid) and North West (Clay Dawson) notified Parks and Recreation that they could not attend the meeting on April 7 due to Holy Week celebrations. When \ asked if they had been contacted by Inner City representatives, they said they were not. Since nobody had been notified and no confirmation was given by Inner City, Parks and Recreation staff thought the meeting was not going to take place. April 7, 2009 Two representatives from Inner City Uerome Stephens and George Riles) arrived at the Parks and Recreation building at 5:45 pm for the consolidation meeting. They explained that they had misunderstood the agreement and had not contacted the other club representatives. They were told that another meeting would be scheduled and an email invitation would be sent. Page 5 of 11 April 10, 2009 Region I Consolidation Meeting was rescheduled for April 21 by Parks and Recreation and email notification sent. April 14, 2009 Representatives from Wilmont (Sandy Bond) and Northwest (Clay Dawson) responded that they could not attend the meeting on April 21. After a series of emailsand telephone calls, a new date of April 27 was decided on by all four club representatives. April 20, 2009 Since a written proposal would be required from Inner City Recreation Club, so that it could be sent to the members of the Youth Athletic Council with enough time to review before the May 11 Youth Athletic Council Meeting, a meeting with the Vice President of Inner City Uerome Stephens) was scheduled for April 22 to discuss this procedure. April 22, 2009 The representative from Inner City did not attend scheduled meeting or call to cancel. April 23, 2009 A telephone call was made to reschedule the missed meeting and a message left. April 24, 2009 The Inner City representative Uerome Stephens) returned the telephone call ~nd it was explained that a written proposal would need to be submitted to Parks and Recreation by May 1 to allow enough time for review by the Youth Athletic Council. April 27, 2009 A Region I Consolidation Meeting was held to discuss the proposal being made by Inner City Recreation Club and the memo detailing this action (attached) that would be sent to the members of the Youth Athletic Council was presented. Those in attendance were Sandy Bond (Wilmont), Clay Dawson (Northwest), Geraldine Reid (Pilgrim) and George Riles (Inner City). The representative with Inner City (George Riles) was given time to explain their proposal and discussion followed. Since the Inner City Vice President Uerome Stephens) was not present at this meeting, a copy of the agenda and memo were emailed to him immediately following the close of the meeting. April 29, 2009 The Region I Consolidation - Inner City Proposal Memo presenteq to Region I on April 27 was emailed to all members of the Youth Athletic Council to prepare them for the proposal to come and the impending vote on May 11 . May 1, 2009 Page 7 of 11 The written proposal from Inner City Recreation Club was received and emailed to all Youth Athletic Council members. . , May 6, 2009 The Inner City Vice President Uerome Stephens) requested a meeting at 1 :00 pm on May 7 with the Athletic Coordinator to discuss concerns. He identified himself and the President (Kiann Trent) as those who would be in attendance. A counter meeting time of 1 :30 pm was offered and accepted. May 7, 2009 A meeting was held in the Athletic Coordinator's office with the Vice President Uerome Stephens) and President (Kiann Trent) of Inner City, the Athletic Coordinator (Cindy McFall) and Athletic Specialist (Nat Franklin). The Inner City representatives each had a copy of a list of concerns. When asked if they could share a copy with Parks and Recreation staff, they replied no, that they were just notes jotted down. Their concerns were: 1. They feel like a conflict of interest exists with the voting members of the Youth Athletic Council. They cited that one member is an employee of Parks and Recreation and two other members have contracts with the department. They feel that these Club Presidents votes would be swayed by their loyalty to the department. 2. There are no by-laws forthe Youth Athletic Councilor Recreation Clubs. 3. They don't understand why Williamson Road Recreation Club did not have to consolidate. 4. The youth that live in Inner City would not be able to get to practice if they had to travel to other parts of Northwest city. It was explained that the Presidents of the Recreation Clu bs have changed very little over the past six years and there has never before been a question of their ability to vote without bias. As well, the contracts held by members were processed through the city's Purchasing Department and not through Parks and Recreation. They were also told that this could be brought to the Youth Athletic Council for their review. Since the beginn'ing of the Youth Athletic Council, it has been operating with the same unwritten procedures. A Co-sponsorship agreement was drafted many years ago but never completed. Bylaws and a new co-sponsorship agreement are presently being written based on the current procedures. Also, Recreation Club Bylaws are the responsibility of each individual club. Williamson Road Recreation Club was the only club that existed and offered youth sports in the NE area or Region II when consolidation began. Page 8 of 11 Staff talked about the transportation issue for the youth in the inner city. It was explained that those issues exist for a number of youth in every region in the city. Also, that is why it is so important for the leaders of Inner City Recreation Club to be involved in the formation of the new region and club, to make sure that all the issues facing inner city youth are addressed. And finally, these youth presently must find transportation to games that take place throughout the city. How is this being addressed? There will be ways to address it within the new club. It was stressed again that as leaders of the current Inner City Recreation Club, their participation in this new club is important to represent the youth they serve at present. All city youth deserve the same opportunities to play all sports. This mergerwould afford them that opportunity,and so much more. The two representatives with Inner City stated that if this went forward to a vote by the Youth Athletic Council, they would seek legal representation against Parks and Recreation and the members of the Y AC. May 11, 2009 The regularly scheduled Youth Athletic Council was held at the Parks and Recreation Office. The meeting was attended by the Presidents from Greater Southwest Association Uim Deyerle), South City Knights Club (David Preston), Williamson Road Recreation Club (Shelby Bryant), Northwest Recreation Club (Clay Dawson), Wilmont Recreation Club (Sandy Bond), Inner City Recreation Club Uerome Stephens) and Pilgrim Baptist Recreation Club (Geraldine Reid). Also attending were the two Athletic Specialists for the City (Nat Franklin and Amanda Mangum) and four guests from the Inner City Club. The meeting was facilitated by the city Athletic Coordinator (Cindy McFall). The agenda (attached) included an allotted time for the Inner City Club Representative to present the proposal su bmitted and offer any other comments before discussion began. Then, the discussion was opened for questions, comments or concerns. The minutes for this meeting are attached but the main concerns the Youth Athletic Council members had with allowing a 5th region were: 1. This would open the door for any disgruntled coach, parent, etc to start their own recreation club. 2. There would still be jumping of clubs for sports since Inner City only wants to offer football, basketball and cheerleading. 3. It would be unfair to the youth, parents, and coaches of the two other regions (III and IV) that merged because of the decision by Y AC. Inner City's Vice President stated that this vote was illegal and they would seek legal action if the Youth Athletic Council followed through with the vote. He went on further to say that Parks and Recreation and every member ofthe council would be named in this action. Page g of 11 ---~ ~~ '-~~- --_. --- _. - --~ ------------------. --~---..---------_.__.~_._--------------- ----~------ The vote was taken with the following results: . I 1 vote - yes for a 5th region 1 vote - undecided 5 votes - no 5th region; continue with the merging of Region I The vote was taken namelessly on strips of paper that required a pen mark yes or no. These were folded, handed to the facilitator, opened and read. The Youth Athletic Council had voted by majority to move forward with the merger of Region I. At the conclusion of this vote, the meeting time had been exceeded and it was agreed to table all further agenda items except the Recreation Club reports. Benefits of Consolidation and Redistricting - The recreation clubs will have a larger pool of participants and coaches leading to the opportunity to have teams in all sports. The recreation club will have a larger pool of active volunteers. Recruiting of players, cutting players and coaches jumping recreation clubs will be eliminated. There will be more balance in skill level on teams through drafting procedures. Facilitate stronger recreation club by bringing boards together and eliminating duplication of job responsibilities, expenses and insu rance policies. Simplified and more consistent connection with City resources - marketing, sponsors, grants, and purchasing power. Improved communication with customers - registration dates, locations and fees. Improve coaches and parent accountability through city-wide trainings. Unified philosophy and structure of recreationclubs. Improved connection with schools - tutors, checking report cards, utilizing school coaches. Unified effort will allow more youth to be reached and greater opportunities available to them. Unified philosophy and structure for the operation of all Recreation clubs. Residencv Reasoning The Recreation Division subsidizes youth team sports by approximately $115,000.00 annually just. in direct expenses. Once full-time salaries are added in, this subsidy jumps another $100,000.00. What is more, this figure doesn't take into account marketing, office supplies, or any work performed by the Administrative Division staff. In all, it is estimated that the Division spends close to $300,000.00 on youth team sports annually. Page 10 of 11 .. ,'j' Team sports include football, soccer, cheerleading, basketball, baseball, and softball. Each club establishes fees and takes registration. They use the registration fees to provide equipment and uniforms and then place the children on teams. These clubs are also responsible for securing volunteer coaches. The Division runs background screenings on all the coaches, schedules games and practices, and ensures that staff, security and officials are at all games. The Division collects no money for these services. Given this incredibly large subsidy, a residency restriction will be enforced for these programs. Roanoke County, Salem, and Botetourt County already enforce this rule. Each of those localities offers comparable youth team sport programs along with a scholarship program and there is no reason why these children can't participate in their respective programs. Desired Outcome It is the desire of the Youth Athletic Council and City Leadership to develop a unified philosophy and structure for the operation of four city recreation clubs. With improved organizational structure and planning, every youth in our city will be targeted with the opportunity for a fun and safe experience in recreational sports with properly trained coaches as their role models. The completion of this consolidation and redistricting will facilitate the elimination of player recruitment, team stacking, and entire teams jumping recreation clubs. It will allow youth athletics to move forward to develop and implement standard drafting procedures to ensure fair play and balanced teams across each region, regulate standard registration fees allowing more youth to participate, and produce larger pools of players and coaches allowing youth to participate in all sports as opposed to a select one or two. Under the new structure, city government will be able to leverage its resources in the areas of marketing, sponsorships, grants, and purchasing power to further strengthen the community recreation clubs. Should you need additional information or would like" to discuss this further, please contact me via email, michael.c1ark@roanokeva.gov, or , phone, 853.1198. CC: Cindy McFall, Recreation Coordinator Page 11 of 11 . ..... .. MEMORANDUM Roanoke Parks and Recreation 210 Reserve Avenue, SW Roanoke, Virginia 24016 PH: 540853.2236 FAX: 540853.1287 PARKS AND RECREATION TO: Darlene Burcham, City Manager FROM: Michael Clark, Recreation Superintendent THROUGH: Steve Buschor, Director of Parks and Recreation DATE: July 22, 2009 RE: Response to One-Year Extension for ICAA Beginning in 2003, Parks and Recreation and the Youth Athletic Council began the process of consolidating the City's 16 individual clubs into four organizations. With improved organizational structure and planning, every young person in the City will be targeted with the opportunity for a fun and safe experience in recreational sports with properly trained coaches as their role models. The completion of this consolidation and redistricting .will facilitate the elimination of player recruitment, team stacking, and entire teams jumping recreation clubs. It will allow youth athletics to move forward to develop and implement standard drafting procedures to ensure fair play and balanced teams across each region; regulate standard registration fees, allowing more youth to participate; and produce larger pools of players and coaches, offering youth the opportunity to participate in all sports as opposed to a select one or two. Under the new structure, Parks and Recreation will be able to leverage its resou rces in the areas of marketing, sponsorships, grants, and purchasing power to further strengthen the community recreation clubs. In speaking with past and present tenured members of the Youth Athletic Council and staff, it has been determined that the Youth Athletic Council began in the late 1970's or early 1980'5. It was comprised of the 12 - 16 recreation club presidents. The purpose of the Council was to move youth athletics forward, stop the recruiting of players, identify the need for . youngsters to play where they live, develop a consistent fee structure, and develop a strategy for reaching the numbers of children the Council felt were being left out. The Council also recognized the need for a consolidation of the recreation clubs differentiated by geographic boundaries for city residents. Additionally, the Council identified the need to connect with the schools, namely in the form of high school coaches doing clinics. They acknowledged the need for more and better coaches and background checks, as well as balanced teams through standardized drafting procedures and the offering of all sports in all regions. J i Beginning in October 2008, the individual recreation club presidents within the Region I area began meeting with Parks and Recreation staff to facilitate the consolidation of this region. At the January 2009 meeting, a newly appointed club president from Inner City Athletic Association (ICAA) announced that the club did not wish to be a part of the consolidation. After Parks and Recreation staff had met on numerous occasions with representatives of ICAA, it was decided that ICAA would present a proposal to the Youth Athletic Council to request permission to remain a stand alone recreation club. On May 11', 2009, the Youth Athletic Council voted 5 -1 -1 against this proposal. After this decision was made, the new Region I Recreation Club began meeting to organize. The president ofICAA, Kiann Trent, attended one Region I Recreation Club meeting and at the second meeting, read a letter from the organization to announce ICAA's withdrawal from the merger and youth athletics in the City. The Region I Recreation Club has formed with Northwest, Wilmont and Pilgrim Baptist Recreation Club representatives and continues to meet to prepare for' the upcoming football, cheerleading and soccer season. Before the finalization of this merger, these three recreation clubs merged for this past baseball season. This consolidated effort allowed this region to form two girl's softball teams. This region's girls have not had the opportunity to play softball in the past because the individual clubs never had enough players to field a team. Since May 11, 2009, Region I has spent approximately $45,000.00 to obtain football and cheerleading equipment to accommodate all the youth in the Region I area. With that purchase, they have enough equipment on hand to outfit 16 football teams for the 2009 season. Roanoke Catholic has also merged with Region I beginning this upcoming soccer season. Any youth residing in the Region I area or attending Roanoke Catholic School wishing to play football, soccer or cheer will have a place to play within the Region I Recreation Club. The practice fields that have been in use by the separate recreation clubs in the past will now be permitted to the Region I Recreation Club. This will allow the youth of this region to continue to practice within close proximity to their residence. However, the Region I Recreation Clu b has fou r vans that will be used to transport players if . the need arises. . . Youth development continues to be a prime focus of every recreation club within the city youth athletic program. The consolidation of all four regions will further encourage mentoring and character development with less, ' emphasis on winning and losing. Standard city-wide drafting procedures will bring equity among teams. The four established regions can now develop a closer working relationship with city school coaches, promoting higher grade point averages and improved graduation rates as these young people feed into the middle and high school programs. Building self-esteem, accountability to self and team, sense of purpose and positive peer relationships in our youth while enhancing a sense of community with positive adult role models are benefits of consolidation that will follow these young people throughout their school careers and into adulthood. Page 2 013 if . In conclusion, for over 30 years, the dedication and countless volunteer hours of the Youth Athletic Council have gone relatively unnoticed and should not be undermined in the face of adversity. The cooperative effort demonstrated in the, past three months among these four regions is remarkable. The club presidents are working together to develop standard drafting procedures, bylaws for the Youth Athletic Council and standards of behavior for coaches, players and spectators to guarantee the best possible playing environment for our city's youth. Granting an individual club a one year extension makes them the exception to the rules followed by all other clubs, which will not only undermine the Youth Athletic Council's vision and mission, but will create an atmosphere of confusion, discontent and ongoing conflict. Should you need additional information or would like to discuss this further, please contact me via email, michael.c1ark@roanokeva.gov, or phone, 853.1198. Page 3 of 3 MEMORANDUM TO: FROM: SUaJECT: DATE: CC: ROANOKE CITY COUNCIL MEMBERS YOUTH ATHLETIC COUNCIL [CM REQUEST 8/11 /2009 DARLENE BURCHAM, CITY MANAGER *For over 30 years, the Youth Athletic Council, comprised of all the recreation club presidents, has been in partnership with Roanoke Parks and Recreation in the delivery of youth team athletic services. * The recreation club responsibilities in this partnership include: · Organizing times and locations for taking registrations for all youth team sports within the city . · Conducting player drafts and forming teams · Verifying roster information to guarantee the appropriate criteria for participation is met, in order that other team members are not later penalized for a violation of participation rules . · Completing these rosters and submitting to Parks and Recreation Collecting birth certificates from all youth participants and submitting them to Parks and Recreation · Recruiting and training volunteer coaches' · Getting volunteer coaches background screen consent forms signed and submitted to Parks and Recreation · Purchasing Certificates of Insurance to cover team participants · Scheduling practice times · Purchasing and maintaining athletic equipment for each participant Purchasing and maintaining athletic uniforms · Holding banquets for all teams · Purchasing trophies/awards for participants , · Responsible for setting and collecting registration fees and conducting fundraising events to offset expenditures · Maintaining concession buildings at four athletic fields and responsible for the full operation of these concessions . · ResponSible for the conduct and behavibr of coaches and other volunteers working on the organization's behalf *During these years, the volunteer recreation clubs have enlisted countless volunteers within their respective recreation clubs to perform these duties. * Not only do these recreation clubs operate independently in providing these services for the city youth in their regions, the presidents of these clubs collectively, as the Youth Athletic Council, have taken on the task of resolving issues that have occurred within youth athletics. ... We have taken seriously the issues at hand and in 2003 developed a strategy to .resolve issues and move youth athletics forward in the city. ... The various issues addressed by this council over the years have focused on all the youth of au r city and not on one particular group or club. This council identifjed the following as the concerns that needed to be addressed: · stop recruiting of players · kids need to play where they live · fees should be consistent throughout the city · a lot of kids are being left out · need marketing · should have four clubs only - one for each section of the city · define what a city recreation club should consist of · Parks and Recreation needs to take leadership and get more involved with the recreation clubs · need to connect with the schools: high school coaches doing clinics, grades · need background checks on coaches · various suggestions as to which clubs should merge · need more and better coaches · balance teams through "drafting procedures" · some clubs are weaker than others so all kids don't have the same · opportunities all sports should be offered in all region *The Youth Athletic Council adopted a Background Screening Policy for coaches and volunteers in 2003. . "The Youth Athletic Council approved the four region boundary map in 2004 indicating the four regions that would consist of one recreation club per region. * In the fall of 2005 Garden City, Knights of Columbus, and Southeast merged to form the new recreation club, South City (Region 3). * In the fall of 2006 the Southwest Athletic Association and the Heights Club merged to form Greater Southwest Athletics or GSA (Region 4). * The president of each recreation club has served on this council and each has provided input into these decisions. ... Each recreation club president in Region I has been involved in the consolidation meetings that began in October 2008. '" They all agreed to come to the table to discuss this effort. . * ICAA made this council aware of their desire to remain a stand alone recreation club offering only football, cheerlead'ing and basketball, presented their proposal, and this proposal was not accepted by this council. '" Following this decision, Region I representatives began meeting to form the new recreation club. 2 ~. * ICAA representatives attended one meeting and at the second meeting read a letter announcing their withdrawal from the merger and consequently from participation in youth athletics in the city. This letter was also presented to Parks and Recreation. * The newly formed Region J Recreation Club, Star City Recreation Club, began preparations for the 2009 Football, Soccer and Cheerleading season. * Region I has spent approximately $45,000.00 to obtain football and cheerleading equipment to accommodate all the youth in the Region (area. With that purchase, they have enough equipment on hand to outfit 16 football teams for the 2009 season. * Roanoke Catholic also merged with other Region I clubs beginning this upcoming soccer season. * Any youth residing in the Region ( area or attending Roanoke Catholic School wishing to play football, soccer or cheer will have a place to play within the Star City Recreation Club. * The practice fields that have been in use by the separate recreation clubs in the past will now be permitted to the new Region) Recreation Club. This will allow the youth of this region to continue to practice within dose proximity to their residence. * The Region ( Recreation Club has obtained four vans that will be used to transport players if the need arises. * The Region ( Recreation Club has been meeting consistently to begin structuring this new club, to make the residents of this region aware of the changes and to recruit volunteer coaches and athletic directors to guarantee trained role models for the increased number of participants. * Not only are many of these new coaches and athletic directors former ICM volunteers, but as registrations have begun, a number of former ICAA players and parents have also joined Region I. * Given that Region I has moved forward so effiCiently in an effort to provide services for all the youth of this Region, allowing (CAA an extension to remain a stand alone club would not only devalue this effort but create more confusion among participants (players and coaches} who have already become a part of this new club. * Additionally, allowing this one group to be a stand alone club, with limited athletic opportunities for these youth, would open the door to every group offering one sport or even one team for one sport to have stand alone status. * Finally, allowing this group an exception would move the Youth Athletic Council further away from reaching the goals of: standard city-wide drafting procedures to ensure balanced teams · regulating standard registration fees so more youth can participate · allowing more youth to be reached and the opportunity to experience · all sports in every region · producing a larger pool of coaches and players in each region · eliminating the recruiting of players, cutting players and coaches jumping recreation clubs 3 . . ~~ ~~-'- ~~ ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, SW, RDom 364 Roanoke, Virginia 24011 540.853.2333 www.roanokeva.gov August14,2009 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: Impacts of Recreation Club Withdrawal In light of recent events surrounding the consolidation of several recreation clubs, several established clubs have expressed concern for the apparent lack of support and the reluctance to support the decision of the Youth Athletic Council to deny the petition of Inner City Athletic Association (ICAA) to remain a stand alone and recognized organization within the City's youth team sport league. Representatives from two of four clubs (Regions) have indicated to Parks and Recreation staff that if City Council overrides the decision of the YAC, their respective clubs will discontinue their membership in YAC and will cease to offer recreational sports. Instead, they will focus their efforts on competitive travel programs. This has several financial implications for the City. The city currently spends approximately $300,000 annually for the operation of youth athletics. This figure accounts for field maintenance and preparation, assigning officials and umpires, scheduling all games, performing background checks on all head coaches, administrative staff support, and utilities for the various fields and concession stands. Additionally, the Department pays for scorekeepers at every game and provides security by off-duty Roanoke Police officers when needed. Assuming, all four clubs discontinue their offering of recreational sports; this amount is likely to grow by another $100,000.00. Although the City would begin to collect fees for youth team sports, the countless hours of the volunteer work of each club president and respective athletic - ~------ ------..------~-- -- ------...-..~---_._.."-.-~~----,-~--_..----....--~-- --~-------_._---~-~~-~- - ---_.------------ Mayor Bowers and Members of City Council August 14, 2009 Page 2 directors would need to be replaced with increased staffing in Parks and Recreation. There would be an increase of 4,000 registrations annually, nearly doubling the current workload of athletic and administrative staff. Attached is an outline of what revenues and expenditures would most likely look like should membership in YAC cease. The administration continues to believe that the City's role in this matter should be limited to the activities and duties that the Parks and Recreation staff have provided over the past 25 plus years to the Y AC teams, and that city staff should not be involved in the details of recreation club governance, team development, player drafting, and related organizational efforts that have been undertaken and accomplished successfully by the volunteer members and organizations comprising the Youth Athletic Council. Should you need additional information or would like to discuss this further, please contact me or Steve Buschor, Director of Parks and Recreation at 853-2494. Respectfully submitted, Darlene L. Burc am City Manager Attachment c: Brian Townsend, Assistant City Manager, Community Development Steve Buschor, Director of Parks and Recreation . . , , .. ,~ Roanoke Parks and Recreation Additional Incurred Costs for Youth Team Sports EXPENSES Personnel . Regular Employee Salaries Annual Cost $84,821.00 Athletics Specialist, Pay Grade 10 $30,187.00 Administrative Assistant Ill, Pay Grade 9 $27,317.00 Administrative Assistant III, Pay Grade 9 $27,317.00 - Full-Time Fringe Benefits - FICA Total Personnel: $27,990.93 $6,488.81 $119,300.74 Operational - Wearing Apparel " General Apparel' $1,500.00 - Program Activities - Athletics Youth Football- Jersey (S25.00) and Pants (SI O.OOl' 350 Total $12,250.00 Youth Football- Helemt ($1 OO.OOl, Shoulder Pads ($65l, and Pants Pads ($10.00) - $1225000 350 Total. Divlded by Five-Year Ufe Span ' . Youth Cheerleadlng - Uniform ($40.00) $14,000.00 Youth Cheerleadlng - Poms ($15.00l S5,250.00 Youth Soccer' Shirts ($10.00) and Shorts ($10.00) SI9,000.00 Youth Basketball- Tank (SI5.00) and Shorts ($10.00) $23,750.00 Youth Baseball- Shirts ($18.00l and Pants {SI0.00l' 750 Total $21,000.00 Youth Baseball. Batting Helmet ($25.00) .300 Total. Divided by Five-Year Lire Span $1,500.00 $114,540.00 Youth Softball - Shirts ($IB.OOl and Pants ($10.00) - 180 Total 55,040.00 Youth Softball. Batting Helniet (S25.00) - 100 Total. Divided by Flve.Year Life Span S500.00 Total Operational: $116,040.00 Total Cost to Operate: I $235,340.74 , REVENUES. Annual Revenue Operational . Program and Activity Fees $132.000.00 Youth Football - 400 Participants @ 540.00/Participant = $16,000.00 Youth Cheerleading - 400 Participants @ S30.00/Partlcipant = S 12,000.00 Youth Outdoor Soocer - 1,000 Participants @ $30.00/Participant = $30,000.00 Youth Basketball. 1,000 Partic:lpants @ nO.OO/Partlclpant = $30,000.00 Youth Baseball. BOO Participants @ $40.00/Participant.. $32,000.00 Youth Softbal1- 300 Participants @ $40.00/Partic:lpant = $12.000.00 Total Operational: $132,000.00 Total Revenues: $132,000.00 Net Cost to Operate: I $103,340.74.j ..-- -=-.. ROANOKE ,.U:)($ AND RfCREA flOW _.. ~:~~~lmPIOyeeS/City_oCRoa V" ~ nake ROANOKE 08114/200909:41 AM ~.'R"~ ""D ~t(P.tATI~ To Steven Busehor/EmployeeslCity _oCRoanoke@City_oCRoanoke, Darlene cc bec Subject Inner City Numbers Ms. Burcham, The following is a breakdown of Inner City participant~ for the 2008-2009 youth football and basketball seasons: Football- Total Participants: 168 47 from Inner City Neighborhoods (28%) 97 from within other Region I Neighborhoods (58%) 14 from other City Regions (8%) 10 from outside the City (6%) Basketball - Total Participants: 151 37 from Inner City Neighborhoods (25%) 88 from within other Region I Neighborhoods (57%) 22 from other City Regions (15%) 4 from outside the City (3%) Total Participation: 319 Unique Participants: 270 If you have questions, please let me know. Thanks. * * * * * t * * * Michael Clark, CPRP, AFO I Recreation and Youth Development Superintendent Roanoke Parks and Recreation P: 540.853.11981 F: 540.853.12871 E: MichaeI.Clark@roanokeva.gov www.roanokeva.gov/play "A Nationally Accredited Agency" '" (' .. , ; 424 Joel Richert appeared before the Council and spoke about the history of the Old Southwest neighborhood. She mentioned that during the past year, half a dozen owners have come before the Architectural Review Board with roof problems and were denied replacerrient of metal porch roofs. with shingle roofs; however, the frustrated applicants found successful solutions with the help of the Board. She stated that property owners residing in historic districts were subject to the same guidelines and the City needed to support the property owners in doing the right thing. In closing, she urged the Council to remand the matter back to the Board to work with the petitioner. (See copy of written remarks on file in the City Clerk's Office.) Following in-depth. discussion of the issue by Members of the Council, based upon the evidence (testimony and documents) presented to the Council at the hearing, Council Member Rosen offered a motion that the decision of the City of Roanoke Architectural Review Board on July 9, 2009, be reversed and that a Certificate of Appropriateness be issued for the replacement of a standing seam metal porch roof with 3D-year architectural shingles, removal of hidden guttering, 'and installation of a five-inch seamless guttering at 601 Allison Avenue, S. W., as set forth in the Application for Certificate of Appropriateness on the grounds: that the proposed installation and location are architecturally compatible with the structures or historic landmarks in the H-2 District. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason, and Mayor Bowers-7. NAYS: None-G. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that 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. COMPLAINTS-SPORTS ACTIVITIES-YOUTH: The following individuals appeared before the Council in connection with the merger of Inner-City Athletic Association (ICAA) with Region I: Cynthia Allen, Jerome Stephens, Joe Ferrell, Kiann Trent, Howard Highlander, Robert Gravely; Sandra Bond, Howard Tucker, Geraldine K. Reid, and Clay Dawson. (See copy of remarks transmitted by Cynthia Allen on file in the City Clerk's Office.) I I i i I I I I II I I ! i , cr. I .. I I I ;, , 425 Having heard remarks from the speakers, Council Member Price. noted that she would abstain from voting on the issue inasmuch as her husband and son-in-law were volunteer coaches with one of the recreation clubs in Region I of the Youth Athletic Council. Following discussion of the matter, Vice-Mayor Lea offered a motion for Council. to support the four-region plan as approved by the Youth Athletic Council. The motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Cutler, Mason, and Vice-Mayor Lea-5. NAYS: Mayor Bowers-1. (Council Member Price abstained from voting.) There being no further business, the Mayor declared the meeting adjourned at 8:59 p.m. ATTEST: ~hI. h1D~ Stephanie M. Moon, CM6-- City Clerk APPROVED ~,n r<r"'?_~II_U__ ~ .x... \J;:-1(), - -- _ David A. Bowers Mayor 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 JONATHAN E. CRAFT , Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk August 18, 2010 Mr. James M. Turner, Jr. P.O. Box 2140 Roanoke, Virginia 24009 Dear Mr. Turner: Your communication tendering your resignation as a City representative of the Roanoke Regional Airport Commission for a term ending March 9, 2011, was before the Council of the Cityof Roanoke at a regular meeting held on Monday, August 16, 2010. On motion, duly seconded and adopted, your resignation was accepted. On behalf of the Mayor and Members of Roanoke City Council, I wish to express appreciation for your service to the City of Roanoke as a City representative of the Roanoke Regional Airport Commission from July 24, 1995 to August 16, 2010. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of you r years of service. Sincerely, ~or:2~~60hJ City Clerk Enclosure pc: Jacqueline L. Shuck, Executive Director, Roanoke Regional Airport Commission, 5202 Aviation Drive, Roanoke, Virginia 24012 Cathy Pendleton, Secretary, Roanoke Regional Airport Commission Jonathan L Craft, Deputy City Clerk CERTIFICATE OF APPRECIATION PRESENTED TO JAMES M. . TURNER, JR. AS A CITY REPRESENTATIVE OF THE ROANOKE REGIONAL AIRPORT COMMISSION FROM JULY 24, 1995 TO AUGUST 16, 2010 ON THIS 16TH DAY OF AUGUST 2010 . . . IN RECOGNITION OF OUTSTANDING PUBLIC SERVICEFAITHFULL Y RENDERED TO THE CITY OF RQANOKE ATTEST: APPROVED: J D1\ V;DA BoWERS MAYQR ROANOKE REGIONAL AIRPORT COMMISSION 5202 Aviation Drive Roanoke, VA 24012-1148 (540) 362-1999 FAX (540) 563-4838 www.roanokeairport.com July 30, 2010 The Honorable Mayor and Members Roanoke City Council 215 Church Avenue, S.W., Room 452 Roanoke, VA 24011-1594 In Re: Roanoke Regional Airport Commission Dear Mayor Bowers and Members of Council: It is with deep regret that I tender my resignation from the Roanoke Regional Airport Commission effective as of the end of this month. I do so in order to avoid any possibility of conflict of interest so that the company I work for can submit bids on future construction projects at the airport. It has been a real privilege for me to serve on the Commission. I believe the Airport Commission is one of the outstanding examples of the benefits of regional cooperation. Our region is fortunate to have such a valuable asset as the Roanoke Regional Airport.. It is well managed by a truly first-rate administration and staff. We are fortunate to have an outstanding Executive Director and Airport Commission that are dedicated to providing excellent air service to the region. It has been an honor for me to have been associated with the many fine people who work to make the Roanoke Regional Airport a public facility that is a point of pride for the region. With best regards, ~m~~ j.,. Cmes M. Turner Jr. cc: Jacqueline L. Shuck, Executive Director Airport Commission Members 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: c1erk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk ' CECELLA T. WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk August 18, 2010 Carolyn Glover, Secretary Personnel and Employment Practices Commission Roanoke, Virginia Dear Ms. Glover: This is to advise you that Gregory W. Staples has qualified as a member of the Personnel and Employment Practices Commission, for a three-year term of office ending June 30, 2013. Sincerely, ~rn mew Stephanie M. Moon, CMC City Clerk SMM:ctw Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, GregoryW. Staples, 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 Personnel and Employment Practices Commission for a three-year term of office ending June 30, 2013, according to the best of my ability (So help me God). ~~/ 5~f[ L Subscribed and sworn to before me this I \~y of ~ 2010. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT BY l)~~ , LERK L:\CLERK\DATA\CKSMl\Oaths\Personnel and Employment Practices Commission\Donald Dillard oath,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 JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk , CECELIA T. WEBB Assistant Deputy City Clerk August 18, 2010 Melissa Murray, Secretary Roanoke Arts Commission Roanoke, Virginia Dear Ms. Murray: This is to advise you that Greg Webster has qualified as a member of the Roanoke Arts Commission, to fill the unexpired term of Lawrence E. Johns ending June 30,2012. Sincerely, ~(rI. ~ Stephanie M. Moon, CMC City Clerk SMM:ctw \ Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Greg Webster, 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 to fill the unexpired term of Lawrence E. Johns ending June 30, 2012, according to the best of my ability (So help me God). Subscribed and sworn to before me \ \ dJi day of A-u~ 2010. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT ~ JJ<<fJ"- Y-c... BY ~(~ ,CLERK ~ ~~ Ij IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of August, 2010. No. 38911-081610. A RESOLUTION authorizing acceptance of a VictimlWitness Assistance Program grant from the Commonwealth of Virginia 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 Manager is hereby authorized on behalf of the City to accept from the Commonwealth of Virginia Department of Criminal Justice Services a Victim/Witness Assistance Program grant in the amount of $115,117.00 for Fiscal Year 2010-2011, such grant being more particularly described in the letter of the City Manager to Council dated August 16,2010. 2. The local cash match for Fiscal Year 2010-2011 shall be in the amount of$29,3,?6. 3. The City Manager is hereby authorized to execute and file, on behalf ofthe City, any documents setting forth the conditions of the grant in a form approved by the City Attorney. 4. The City Manager is further directed to furnish such additional information as may be required by the Department of Criminal Justice Services in connection with the acceptance of the foregoing grant or with such project. ATTEST: ~trJ. r)rt~J City Clerk. ( IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of August, 2010. No. 38912-081610. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Victim Witness Program Grant, amending and reordainingcertain sections of the 2010- 2011 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 2010-2011 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Employee Salaries City Retirement ICMA Retirement FICA Medical Insurance Dental Insurance Life Insurance Disability Insurance Telephone Administrative Supplies Dues and Memberships Training and Development Travel Postage Revenues Victim Witness FY11 - State Victim Witness FY11 - Local Match 35-150-4550-1002 35-150-4550-1105 35-150-4550-1115 35-150-4550-1120 35-150-4550-1125 35-150-4550-1126 35-150-4550-1130 35-150-4550-1131 35-150-4550-2020 35-150-4550-2030 35-150-4550-2042 35-150-4550-2044 35-150-4550-2144 35-150-4550-2160 35-150-4550-4550 35-150-4550-4551 $ 98,285 9,628 3,355 7,776 14,364 909 806 276 800 3,344 75 1,553 432 2,900 115,117 29,386 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.1rJotNJ City Clerk. Or4MONWEALTH- OF VIRGINI G @J'D, J\. ;:~, l ~o AREA CODE 540 TEL. No, 853-2626 FAX 853-1201 DONALD S. CALDWELL COMMONWEALTH'S ATTORNEY CITY OF ROANOKE OFFICE OF THE COMMONWEALTH'S ATTORNEY 315 CHURCH AVENUE ROANOKE, VIRIGNIA 24016 August 16, 2010 Honorable David A. Bowers, Mayor Honorable David B. Trinkle, Vice-Mayor Honorable William D. Bestpitch, Council Member Honorable, Raphael E. Ferris, Council Member Honorable Sherman p, Lea, Council Member Honorable Anita J. Price, Council Member Honorable Court G, Rosen, Council Member Dear Mayor Bowers and Members of City Council: Subject: Acceptance of the Victim Witness Program Grant Background: The Victim/WitnessAssistance Program has been awarded a twelve month $115,117 grant (#11-Q8554VW10) for July 2010, through June 2011. The grant from the Department of Criminal Justice Services (DCJS) will allow the Victim/Witness Assistance Program to continue to provide comprehensive information and direct services to crime victims and witnesses in accordance with the Virginia Crime Victim and Witness Rights Act. The Victim/Witness Program continues to operate with a full-time coordinator for the Circuit Court, as well as one full-time assistant for the Juvenile and Domestic Relations Court and one full-time assistant for the General District Court. The Victim/Witness Program is coordinated by the Office of the Commonwealth's Attorney. .' -, :-:.l'; 1, I J; ;.: l'~ f If.] :fi' :;\~:.~:: Considerations: The cost to the City for the grant would be $29,386 as a local cash match for a total grant budget of $144,503. The local cash match is equal to that of FY 2009-2010. This local cash match is included in the General Fund FY 2010-2011 adopted budget in the Transfer to Grant Fund account (01-250-9310-9535). Recommendations: Accept the Victim/Witness Grant #11-Q8554VW1 0 of $115,117 with the City of Roanoke providing $29,386 as a local cash match from the funding provided in the Transfer to Grant Fund account. Authorize the City Manager to sign and execute all appropriate documents, approved as to form by the City Attorney, to obtain Grant #11-Q8554VW10. Adopt the accompanying budget ordinance to establish revenue estimates of $115, 117 in state grant funds and $29,386 in local match in the Grant Fund, to transfer local match totaling $29,386 from the General Fund and to appropriate funding totaling $144,503 as outlined on Attachment A in accounts to be established in the Grant Fund by the Director of Finance. Respectfully submitted, DSC:jsl c: Christopher P. Morrill, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Stephanie M. Moon, City Clerk Victim Witness Coordinator ATTACHMENT A PROGRAM BUDGET 1002 Regular Employee Salaries $ 98,285 1105 City Retirement $ 9,628 1115 ICMA Retirement $ 3,355 1116 ICMA Match $ 0 1120 FICA $ 7,776 1125 Medical Insurance $ 14,364 1126 Dental Insurance $ 909 1130 Life Insurance $ 806 1131 Disability Insurance $ 276 2020 Telephone $ 800 2030 Administrative Supplies $ 3,344 2042 Dues/Membership $ 75 2044 Training and Development $ 1,553 2144 Travel $ 432 2160 Postage $ 2.900 TOTAL $144,503 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 August 16, 2010 Honorable David A. Bowers, Mayor Honorable David B. Trinkle, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable Raphael E. Ferris, Council Member Honorable Sherman P. Lea, Couhcil Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Dear Mayor Bowers and Members of City Council: Subject: Acceptance of Victim Witness Prog ram Grant I concur with the recommendation from Donald S. Caldwell, Commonwealth's Attorney for the City of Roanoke, with respect to the subject reference above. I recommend that City Council accept funding from the Department of Criminal Justice Services in the amount of $11 5,117 with the City providing local match funding in the amount of $29,386 ~ totaling $144,503 CPM:jb c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance CO 1 0-00003 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 CECELlA T, WEBB Assistant Deputy City Clerk August 18, 2010 Lavern- L. Grigsby General Registrar .~ Roanoke, Virginia Dear Ms. Grigsby: I am attaching copies of Ordinance Nos. 38913-081610, 38914-081610, 38915- 081610 changing the polling places for Precincts #008 Jefferson #2, #012 Williamson Road #3, and #019 Melrose, to Crystal Spring Baptist Church, Roanoke City Public Works Service Center, and Saint Gerard Catholic Church, respectively. The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 16, 2010, and are in full force and effect upon their passage. Sincerely, ~m.~ Stephanie M. Moon, c~ City Clerk Attachment pc: Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32316 Christopher P. Morrill, City Manager William M. Hackworth, City Attorney ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of August, 2010. No. 38913-081610. AN ORDINANCE amending and reordaining Sec. 10-26, Same--Voting place, Code of the City of Roanoke (1979), as amended,to provide for the permanent relocation ofthe polling location for the Precinct #008, Jefferson #2; and dispensing with the second reading by title ofthis ordinance. WHEREAS, the National Guard Armory, 32 Reserve Avenue, S.W., is the regular polling place for Precinct #008, Jefferson #2; WHEREAS, the polling place has been demolished and can no longer be used as a polling site; WHEREAS, by Resolution dated May 11, 2010, the Roanoke City Electoral Board has , recommended the permanent relocation ofthe polling place for Precinct #008, Jefferson #2 to Crystal Spring Baptist Church, 2411 Rosalind Avenue, S.W., Roanoke, Virginia, such polling place being located within such precinct as required by s24.2-31 0, Code of Virginia (1950), as amended; and WHEREAS, the Electoral Board has given notice 0 f such relo cation 0 f po lling place to the State Board of Elections and has obtained approval of such change from the Board pursuant to S24.2-31 O.D., Code of Virginia (1950), a,s amendeq, and the Electoral Board will give notice of this change in polling , place by mail to all registered voters in the Precinct #008, Jefferson #2 at least fifteen (15) days prior to all elections, and public notice of such change, pursuant to S24.2-306, Code of Virginia (1950), as amended. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The following section ofthe Code ofthe CityofRoanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: S lO-26. Same - Voting place. The voting place in Jefferson Precinct No.2 shall be at the National Guard .[\rnlor)' Buildin; on the south side of Reserve A venue, S. '1/., between Jefferson Street and Franklin Road, S. '-V. The voting place in Jefferson Precinct No. 2 shall be Crystal Spring Baptist Church, 2411 Rosalind Avenue, S. W, Roanoke, Virginia. 2. The City Clerk is directed to forward attested copies ofthis ordinance to Lavern Grigsby, General Registrar, so that notice ofthis change in polling place can be mailed to all registered voters of Jefferson Precinct #2, and to the Chief, Voting Section, Civil Rights Division, United States Department of Justice. 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: JU-J - '-~.' . A~G () }, TYjt)Oyu City Clerk. ~ ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of August, 2010. No. 38914-081610. AN ORDINANCE amending and reordaining Sec. 10-34, Same-- Voting place, Code of the City of Roanoke (1979), as amended, to provide for the permanent relocation ofthe,polling location for the Precinct #012, Williamson Road #3; and dispensing with the second reading by title of this ordinance. WHEREAS, Fire Station #2, 55 Noble Avenue, N.E., is the regular polling place for Precinct #012, Williamson Road #3; WHEREAS, the polling place no longer meets the standards required by the Americans with Disabilities Act and can no longer be used as a polling site; WHEREAS, by Resolution dated May 11, 2010, the Roanoke City Electoral Board has recommended the permanent relocation ofthe polling place for Precinct #012, Williamson Road #3 to Roanoke City Public Works Service Center, 1802 Courtland Avenue, N.E., Roanoke, Virginia such polling place being located within such precinct as required by S24.2-31 0, Code of Virginia (1950), as amended; and WHEREAS, the Electoral Board has -given notice of such relocation of polling place to the State Board of Elections and has obtained approval of such change from the Board pursuant to S24.2-31 O.D., , Code of Virginia (1950), as amended, and the Electoral Board will give notice ofthis change in polling place by mail to all registered voters in the Precinct #012, Williamson Road#3,at least fifteen (15) days prior to all elections, and public notice of such change, pursuant to S24.2-306, Code of Virginia (1950), as amended. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The following section ofthe Code ofthe City of Roanoke (1979), as amended, is hereby amended and reordained to read and~provide as follows: S10~34. Same - Voting lJlace. The voting place in \Villiamson Road Precinct No.3 shall be established at Fire Station No.2 located on the '.vest side ofCourtll1nd Road at Noble '^1.venue. The voting place in Precinct # 012, Williamson Road #3 shall be Roanoke City Public Works Service Center, 1802 Courtland Avenue, NE., Roanoke, Virginia. 2. The City Clerk is directed to forward attested copies of this ordinance to Lavern Grigsby, I General Registrar, so that notice ofthis change in polling place can be mailed to all registered voters of Precinct #012, Williamson Road #3 and to the Chief, Voting Section, Civil Rights Division, United States Department of Justice. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading ofthis ordinance by title is hereby dispensed with. '- / ATTEST: ~m. IY)O<MJ I City Clerk. ~ ...~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of August, 2010. No. 38915-081610. AN ORDINANCE amending and reordaining Sec. 10-48, Same--Voting place, Code of the City of Roanoke (1979), as amended, to provide for the permanent relocation of the polling location for 'the Precinct #019, Melrose Fire Station #5; and dispensing with the second reading by title of this ordinance. WHEREAS, Fire Station #5,216 Twelfth Street, N.W., is the regular polling place for Precinct #019, Melrose; WHEREAS, the polling place has been sold by the City of Roanoke and can no longer be used as a polling site; WHEREAS, by Resolution dated May 11, 2010, the Roanoke City Electoral Board has recommended the permanent relocation of the polling place for Precinct #019, Melrose to Saint Gerard Catholic Church, 809 Orange Avenue, N.W., Roanoke, Virginia, such polling place being located . within such precinct as required by~24.2-310, Code of Virginia (1950), as amended; and WHEREAS, the Electoral Board has given notice of such relocation of polling place to the State Board of Elections and has obtained approval of such change from the Board pursuant to ~24.2-3l O.D., Code of Virginia (1950), as' amended, and the Electoral Board will give notice ofthis change in polling place .by mail to all registered voters in the Precinct #019, Williamson Road at least fifteen (15) days prior to all elections, and public notice of such change, pursuant to ~24.2-306, Code of Virginia (1950), as amended. NOW, THEREFORE, BE IT ORDAINED by the Council ofthe City of Roanoke as follows: 1. The following section ofthe Code ofthe City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: S 10-48. Same - Voting place. The voting place in Melrose Precinct shall be established at the No. 5 Fire Station located on the east side of Twelfth Stn~et, N. "V., betv;een Centre Avenue, N. 'V., nnd Loudon.'\venue, N. '.Y. The voting place in Melrose Precinct #019 shall be Saint Gerard Catholic Church, 809 Orange Avenue, N W, Roanoke, Virginia. 2. \ The City Clerk is direct~d to forward attested copies of this ordinance to Lavern Grigsby, General Registrar, so that notice ofthis change in polling place can be mailed to all registered voters of Precinct #019, Williamson Road, and to the Chief, Voting Section, Civil Rights Division, United States , Department of Justice. 3. Pursuant to the provisions of Section 12 ofthe City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~h). TnO(JvU City Clerk. - - I MEMORANDUM To: Ms. Stephanie Moon, City Clerk, City of Roanoke cc: Mr. Christopher Morrill, City Manager, City of Roanoke Mr. William Hackworth, City Attorney, City of Roanoke From: Ms. Lavern L. Grigsby, General Registrar, City of Roanoke (via) I Jj Mr. Floyd Gordon Hancock, Secretary, City of Roanoke Electoral Board-J.HcfJ Date: May 11,2010 Subject: Re-Iocation of polling,s~tes for the following precincts #008, Jefferson #2 - Roanoke City Schools Maintenance Building #012, Williamson Road #3 - Fire Station #2 #019, Melrose - Fire Station #5 On May II, 20 I 0, the City of Roanoke Electoral Board unanimously agreed to seek approval to move the above precincts for all future elections as a General Elections will be held on Tuesday, November 2,2010. (See resolution attached) Section 24.2-306, requires a minimum of 60 days for pre-clearance by the Department of Justice. Although we are barely within the 60 days of submission, the City of Roanoke Electoral Board is seeking expedited consideration for approval. Section 24.2-306, states that notice of any adopted change in any election district, town, precinct, or polling place shall be mailed to all registered voters whose election district, town, precinct or polling site is changed at least 15 days prior. The City of Roanoke Electoral Board, Secretary, Floyd Gordon Hancock has requested this matter be brought before City Council at the August 16, 20 I 0 public meeting. The appropriate notifications have been forwarded to the City Attorney, Mr. William Hackworth for submission to Department of Justice requesting expedited approval. Thank you for your cooperation and considera~ion to this matter and should you have any questions, please do not hesitate to' contact me at (540) 853-1037. llg/fgh Attachment c. . 1:"-,' . _'...', RESOLUTION CITY OF ROANOKE ELECTORAL BOARD The City of Roanoke Electoral Board has voted unanimously to seek expedited Department of Justice approval to relocate the following precincts listed below as a General Election will be held on Tuesday, November 2,2010. The City of Roanoke Electoral Board and the General Registrar have been notified by Assistant City Manger of Operations, Mr. James Grigsby and Assistant City Manager of Community Development, Mr. Robert Townsend that Precinct #008, Jefferson #2, known as Roanoke Schools Maintenance Building is slated for demolition this year, 2010 and can no longer consider being used as a polling site. Therefore, the City of Roanoke Electoral Board is requesting expedited approval to move: Change: From: The Roanoke City School Maintenance Building 250 Reserve Avenue SW Roanoke, Virginia 24016 Permanent To: Crystal Spring Baptist Church 2411 Rosalind Avenue, SW Roanoke, Virginia 24014 The City of Roanoke Electoral Board and the General Registrar have been notified by Fire EMS Deputy Chief, Ralph Tartaglia, as the polling site known as precinct #012, Williamson Road #3, Fire Station #2, no longer meets the standards required by the Americans With Disabilities. Therefore, the City of Roanoke Electoral Board is requesting expedited approval to move: Change: From: Fire Station #2 55 Noble Avenue NE Roanoke, Virginia 24012 Permanent To: Public Works Service Center 1802 Courtland Road NE Roanoke, Virginia 24012 The City of Roanoke Electoral Board and the General Registrar have been notified by Members of City Council for the City of Roanoke who has sold the building known as Precinct #019, Melrose, Fire Station #5 as this building should not be considered as a polling location. Therefore, the City of Roanoke Electoral Board is requesting expedited approval to move: Change: From: Fire Station #5, 216 Twelfth Street, NW Roanoke, Virginia 24016 Permanent To: Saint Gerard Catholic Church 809 Orange A venue, NW Roanoke, Virginia 24016 :':;4 f'!;.., The City of Roanoke Electoral Board has decided it is in the best interest of the voters to move the polling sites of the fore mentioned precincts to approved facilities listed that are able to meet the needs of the voters and better suited to meet the guidelines of the Americans with Disabilities Act. All noted polling sites are within the precinct lines and boundaries. Permission has been granted by Mr. Marc Davis, Community Action Specialist with Blue Ridge Independent Living who has completed all ADA surveys to authorize it's compliance with current ADA standards. The City Attorney will be asked to prepare submission for expedited Justice Department Approval. " nhr ~,~ ~ Floy Gordon Hancock, Secretary City of Roanoke Electoral Board , May 11, 2 0 1 0 O}L IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of August, 2010. No. 38916-081610. A RESOLUTION authorizing the acceptance of an Employee Advancement for Temporary Assistance to Needy Families (TANF) Participants grant from the Virginia Department of Social Services (VDSS) for the purpose of maintaining and improving existing services to eligible T ANF recipients; authorizing the City of Roanoke to serve as the primary fiscal agent for the distribution of such foods to the provider agencies for services provided to the local DSS agencies; and authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The Employee Advancement for Temporary Assistance to Needy Families (TANF) Participants grant from the Virginia Department of Social Services, for the purpose of maintaining and improving existing services to eligible TANF recipients, in the amount of$300,000, for the period commencing October 1, 2010, until June 30, 2011, as set forth in the City Manager's letter to Council dated August 16, 2010, is hereby ACCEPTED. 2. The City of Roanoke is authorized to be the primary fiscal agent for this grant and shall be responsible for distributing the grant proceeds to the provider agencies for services provided to the local DSS agenCIes. 3. The City Manager is hereby authorized to execute any and all requisite documents pertaining to the City's acceptance of these foods, and to furnish such additional information as may be required in connection with the City's acceptance of the grant foods. All such documents shall be approved as to form by the City Attorney. ATTEST: ~ h7. f'rJo~ City Clerk. f IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA ' The 16th day of August, 2010. \ No. 38917-081610. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Southwest Virginia Regional Employment Coalition Grant, amending and reordaining certain sections of the 2010-2011 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 2010-2011 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Fees for Professional Services 35-630-8862-2010 Revenues SWV A Regional Employment Coalition FY11 35-630-8862-8862 $300,000 300,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with.' ATTEST: " ~n,. Y100N 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 August 16, 2010 Honorable David A. Bowers, Mayor Honorable David B. Trinkle, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable Raphael E. Ferris, Council Member Honorable Sherman P. Lea, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Dear Mayor Bowers and Members of City Council: Subject: Southwest Virginia Regional Employment Coalition Background: The City of Roanoke Department of Social Services, in collaboration with the local departments of social services in Roanoke County, Franklin County, Craig County and Botetourt County, along with Total Action Against Poverty, Blue Ridge Behavioral Healthcare, and Goodwill Industries of the Valleys, have been awarded funding for the Employment Advancement for TANF Participants grant from the Virginia Department of Social Services (VDSS) in the amount of $300,000. The agencies named have formed the Southwest Virginia Regional Employment Coalition. The grant is to assist citizens of our localities who are receiving Temporary Assistance to Needy Families (TAN F) benefits to obtain employment or, where appropriate, an alternative disability income. The funds are available for use from October 1, 2010, through June 30, 2011. The City of Roanoke is to be the primary fiscal agent for this grant, and is to be responsible for distributing the grant proceeds to the provider agencies for services provided to the local DSS agencies. Considerations: The above grant funding is required to maintain and improve existing services to the TANF population and will enable them to obtain employment or, where appropriate, an alternative disability income. Honorable Mayor and Members of City Council August 16, 2010 Page 2 Recommended Action: Adopt a resolution accepting the grant and authorize the City Manager to execute all appropriate documents related to acceptance of the funding. 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 $300,000 and to appropriate the same amount in accounts to be established in the Grant Fund by the Director of Finance. Christopher P. Morrill City Manager CPM:tem '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 and Budget Jane R. Conlin, Director of Human Services CM10-00153 pf. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of August, 2010. No. 38918-081610. A RESOLUTION authorizing the acceptance of an Access to Local Arts Grant from the National Endowment for the Arts; authorizing the City Manager to execute any forms required by the NEA in order to accept these funds, provide any additional information, execute such other documents, and to take any necessary actions to obtain, accept, receive, implement, use, and administer such grant. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke h"ereby accepts from the National Endowment for the Arts (NEA) an Access to Local Arts Grant in the amount of $10,000, with the City providing an additional $10,000 in local mat~hing funds, such funding to be used to support the City's Public AIi Plan, Artfor Everyone, that was adopted by City Council in 2006, all of which is more particularly set forth in the letter dated August 16,2010, from,the City Manager to this Council. 2. The City Manager is authorized to execute any forms required by the NEA in order to accept these funds, such documents to be approved as to form by the City Attorney. 3. The City Manager is authorized to provide any additional information, execute such other documents, and to take any necessary actions to obtain, accept, receive, implement, use, and administer such grant. " ATTEST: \ " ~hJ'fr)llW City Glerk. R-NEA grant-201 O,doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16tb day of August, 2010. No. 38919-081610. AN ORDINANCE to appropriate funding from the Federal Government National ( Endowment for the Arts Grant, amending and reordaining certain sections of the 2010-2011 Capital Projects and 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 2010-2011 Capital Projects and Grant Fund Appropriations be, and the, same are hereby, amended and reordained to read and provide as follows: Capital Projects Fund Appropriations Percent for the Arts Transfer to Grant Fund 08-610-9929-9132 08-530-9712-9535 $ (9,450) 9,450 , " Grant Fund Appropriations ( , Professional Services Administrative Supplies Expendable Equipment (<$5,000) Revenues NEA Access to Local Art FY11 Grant NEA Access to Local Art FY11 Grant - Local Match 35-310-8141-2010 35-310-8141-2030 35-310-8141-2035 18,000 450 1,000 35-310-8141-8141 35-310-8141-8142 10,000 9,450 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: JR!l~ m. i'YJ ()iJ'rJ 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 August 16, 2010 Honorable David A. Bowers, Mayor Honorable David B. Trinkle, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable Raphael E. Ferris, Council Member Honorable Sherman P. Lea, Council Member H6\lorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Dear Mayor Bowers and Members of City Council: Subject: Acceptance of a National Endowment for the Arts Access to Local Arts Grant Background: The City of Roanoke has, since the late 1970s, built an art collection of close to one hundred two- and three-dimensional works that range from paintings to a monumental sculpture installed in October 2008 at the Civic Center. The collection includes many works by local artists, as well as those of regional and national reputation. Since the City's Public Art Plan, Art for Everyone, was adopted by City Council in 2006, Roanoke has made great strides in creating a high-quality public art collection. The Public Art Plan identified key activities and actions to improve the City's public art environment including procedures to care for the pieces in the collection. The first steps of hiring staff, cataloging the pieces in the collection, labeling and repairing two dimensional works are now complete. The next priority for the plan is to perform a detailed conservation survey of all the works in the collection, particularly outdoor pieces, in order to identify objects in need of conservation, develop a priority list, and devise a maintenance plan. A Collections Committee of the Arts Commission oversaw the initial process, but neither the Arts and Culture Coordinator, nor members of the Commission, has the expertise and training required for these next steps. Therefore, the City applied for, and has been successful in receiving, a grant from the National Endowment for the Arts (NEA) to hire a conservator and carry out these tasks. ''\, Honorable Mayor and Members of City Council August 16, 2010 Pag e 2 The funding recommended by staff for the project totals $24,226. The grant from the NEA will provide support for the project in the amount of $10,000. The grant requires a one to one match from the City, and the City is planning to voluntarily provide an additional $4,226 in order to satisfactorily carry out the project. The City's funding will consist of $9,450 in cash and $4,776 to be provided in the form of existing staff salary, office space, supplies, and similar items. The NEA has advised City staff that the City's provision of such services and items will count towards the City's cash match requirement. Cash will be provided from the City's Percent for Art Fund. This is a program adopted by City Council which requires that an amount equal to 1 % of the cost of certain capital projects be spent on public art. The City funds the Percent for Art Program each year based on construction taking place as part of its Capital Program. Funding is provided by the General Fund as a transfer to the Capital Projects Fund. Funds are then available for projects such as this. The funds for this project will be used to hire a conservator to assess the works in the collection, develop a maintenance plan, and make some minor repairs. The conservator will be selected through the City's standard procurement procedures. Funds will also be used to purchase collection management software. The breakdown of total project expenses is: Fees for professional services Purchase software Administrative costs $18,000 1,000 450 Existing staff salary, office space, supplies, and similar items 4.776 Total Project Cost: $24,226 Recommended Action: Accept the NEA Access to Local Arts Grant # 10-6200-7028 in the amount of $10,000. Authorize the City Manager to execute any forms required by the NEA in order to accept these funds, such documents to be approved as to form by the City Attorney. Honorable Mayor and 'Members of City Council August 16, 2010 Page 3 Authorize the City Manager to provide any additional information, execute such other documents, and to take any necessary actions to obtain, accept, receive, implement, use, and administer the above Grant. Adopt the accompanying budget ordinance to establish revenue estimates for $10,000 in federal grant funds and $9,450 from City funds, to be transferred from the City's Percent for Art account 08-610-9929 and to appropriate funding totaling $19,450 in accounts to be established in the Grant Fund by the Director of Finance. The component of this grant to be funded using existing staff, office space and similar items will remain in the departmental account in which it currently resides. Respectfully submitted, ~fJ.~ Christopher P. Morrill City Manager CPM:sj 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 W. Jennings, Arts and Culture Coordinator CM10-00135 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 CECELlA T. WEBB Assistant Deputy'City Clerk August 18, 2010 Richard H. and Gail G. Kepley 550 Kepplewood Road, S. E. Roanoke, Virginia 24014 Dear Mr. and Ms. Kepley: I am enclosing copy of Ordinance No. 38920-081610 authorizing acceptance of a dedication to the City of Roanoke of a parcel of land, known as a lot on Hartsook Boulevard, containing approximately 2.883 acres, identified as Roanoke Tax Map No. 4480103. On behalf of the Roanoke City Council, I wish to express sincere appreciation to you for the donation of land. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 16, 2010, and is in full force and effect upon its passage. ' Sincerely, ~ m-hl~ Stephanie M. Moon, CMC I City Clerk Enclosure pc: Christopher P. Morrill, City Manager William M. Hackworth, City Attorney R. Brian Townsend, Assistant City Manager for Community Development Steven C. Buschor, Director of Parks and Recreation Susan S. Lower, Director of Real Estate Valuation ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of August, 2010. NO. 38920-081610. AN ORDINANCE authorizing acceptance of a dedication to the City of Roanoke of a parcel of land, known as a lot on Hartsook Boulevard, containing approximately 2.883 acres, identified as Roanoke Tax Map No. 4480103; expressing appreciation to Richard H. Kepley and Gail G. Kepley for the donation of the land; and dispensing with the second reading of this ordinance by title. WHEREAS, the City of Roanoke is desirous of acquiring certain property to allow for the extension of the Mill Mountain Park's southeastern boundary, and Richard H. Kepley and Gail G. Kepley have offered to dedicate to the City certain property at that location, as a gift to the City of Roanoke. BE IT ORDAINED by the Council ofthe City of Roanoke that: 1. The City of Roanoke hereby accepts the dedication of a parcel of land located in the City of Roanoke, known as a lot on Hartsook Boulevard, S.B., Roanoke, Virginia, containing approximately 2.883 acres, identified as Roanoke Tax Map No. 4480103, by deed of dedication, as more particularly stated in the City Manager's letter to this Council dated August 16, 20 10. 2. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, any necessary documents providing for the dedication of the parcel of land from Richard H. Kepley and Gail G. Kepley to the City of Roanoke. All such documents shall be upon form approved by the City Attorney. 3. This Council expresses its appreciation to Richard H. Kepley and Gail G. Kepley for their generous donation of this property. 4. The City Clerk is directed to send an attested copy of this ordinance to Richard H. Kepley and Gail G. Kepley. 5. Pursuant to the provisions of Section 12 ofthe City Charter, the second reading of , this ordinance by title is hereby dispensed with. ( ATTEST: jjtQ~h1.lYjtlo.v 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 August 16, 2010 Honorable David A. Bowers, Mayor Honorable David B. Trinkle, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable Raphael E. Ferris, Council Member Honorable Sherman P. Lea, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Dear Mayor Bowers and Members of City Council: Subject: Acceptance of Property o Hartsook Boulevard, S.E. The owners of property at 0 Hartsook Boulevard, S.E., Richard H. Kepley and Gail G. Kepley, have offered to donate to the City a parcel containing approximately 2.883 acres of land. The assessed value of the land is $7,500. The property, identified as tax no. 4480103, is a land locked parcel with no public street frontage (see Exhibit A), and is adjacent to a City-owned parcel that is currently part of Mill Mountain Park. The acquisition of this property will allow for the extension of the Park's southeastern boundary. In accordance with Resolution No. 38256-102308, a satisfactory environmental assessment has been completed. Given the wooded/natural condition of the property, acceptance of this property will create no significant operational or maintenance costs to the City. Recommended Action: Authorize the City Manager to execute the necessary documents and accept the donation of property identified by tax no. 4480103; such documents to be approved as to form by the City Attorney. @j~ Christopher P. Morrill City Manager Honorable Mayor and Members of City Council August 16, 2010 pag e 2 Attachments c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney R. Brian Townsend, Assistant City Manager for Community Development Steven C. Buschor, Director of Parks and Recreation Susan S. Lower, Director of Real Estate Valuation CM10-00157 COMMONWEALTH OF VIRGINIA I To-wit: , I The foregoing instrument was acknowledged before me this _day of , 20 I 0, by Richard H. Kepley. My Commission expires: Notary Public Registration No. COMMONWEALTH OF VIRGINIA I To-wit: The foregoing instrument was acknowledged before me this _day of , 2010, by Gail G. Kepley. My Commission expires: Notary Public Registration No. Approved as to Form Assistant City Attorney 3 OWNER'S AFFIDAVIT STATE OF CITY/COUNTY OF s s s The undersigned owners of the hereinafter described property, having been duly sworn, depose and make oath as follows: 1. That they are the owners of real property located in the City of Roanoke, State of Virginia, and which is described as Roanoke City Tax No. 4480103, which they have agreed to dedicate to the City of Roanoke (the "Property"). 2. That they have been the owners of the Property for at least ninety (90) days prior to the date hereof. 3. That there has been no work done, services rendered nor materials furnished which have not been paid for in connection with repairs, improvements, developments, construction, removal, alteration, demolition or other such similar activity on or incident to the Property. 4. That there are no outstanding claims or persons entitled to any claim or right to a claim for mechanics' or materialmen's liens against the Property. 5. That, during the ownership of the Property, there have been no additional improvements since the date of the last physical survey thereof which would cause a current survey to disclose any new matters that would affect the status of title. 6. That they are not a resident alien for the purpose of U.S. Income taxation. 7. That the following information is given pursuant to Sections 1445 and 6045 ofthe Internal Revenue Code, as amended by the Tax Reform Act of 1986: PROPERTY BEING SOLD IS SELLER'S pRINCIPAL RESIDENCE? YES_ NO= TAXPAYER TYPE: _ Business _ Individual(s) Name: Richard H. Kepley Tax ID/Soc.Sec.No.: Phone: (H)( ) (W)( ) United States Citizen: _Yes_No Current Address: Address as of Jan 1 next year: Name: Gail G. Kepley Tax ID/Soc.Sec.No.: Phone: (H)( ) (W)( ) United States Citizen: _Yes_No Current Address: Address as of Jan 1 next year: 8. The undersigned understand: (a) That Section 6045 of the Internal Revenue Code, as amended by the Tax Reform Act of 1986, requires reporting of certain, information on every real estate transaction; that certain of the information provided herein may appear on a Form 1099 that will be sent to the Internal Revenue Service and may be further disclosed to the Internal Revenue Service by the purchaser(s); that if the undersigned fail to furnish adequate information (in particular, a taxpayer ID number), the undersigned may be subject to all IRS regulations, including possible withholding of twenty percent (20%) of the current sales price. (b) That any false statement made by the undersigned could be punished by fine, imprisonment or both. (c) representations. That, the purchaser(s) of the Property will rely on these (d) That these representations are made to induce the purchaser(s) to proceed with settlement. UNDER PENALTIES OF PERJURY, the undersigned declares that they have examined this affidavit and that, to the best of their knowledge and belief, it is true, correct and complete. WITNESS the following signatures and seals this _ day of ,2010. Richard H. Kepley Gail G. Kepley STATE OF to-wit: CITY/COUNTY OF The foregoing instrument was acknowledged before me this ,2010, by Richard H. Kepley. day of My commission expires: 2 Notary Public Registration No. STATE OF to-wit: CITY/COUNTY OF The foregoing instrument was acknowledged before me this ,2010, by GailG. Kepley. day of My commission expires: Notary Public Registration No. 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 JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON; CMC City Clerk CECELlA T. WEBB Assistant Deputy City Clerk August 18, 2010 Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32316 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 38921-081610 amending and reordaining subsection (d)(6) of Section 11.4-3, Applicability, of ,Chapter 11.4, Stormwater Manaqement, of the Code of the City of Roanoke (1979), as amended. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 16, 2010; and is in full force and effect upon its passage. Sincerely, ft:tiLh), CO)OcW Stephanie M. Moon, CMC City Clerk Enclosure Municipal Code Corporation August 18, 2010 Page 2 pc: The Honorable Brenda S. Hamilton, Clerk, Circuit Court Ronald S. Albright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Chief Magistrate, Office of the Magistrate Lora A. Wilson, Law Librarian Christopher P. Morrill, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Thomas N. Carr, Director, Planning and Building Development Christopher L. Chittum, Planning Administrator Danielle B. Bishop, Development Review Coordinator \ ~\\O q, \\O~ J IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of August, 2010. " No. 38921-081610. AN ORDINANCE amending and reordaining subsection (d)(6) of Section 11.4-3, Applicability, of Chapter 11.4, Stormwater Management, of the Code of the City of Roanoke (1979), as amended; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 11.4-3, Applicability, of Chapter 11.4, Stormwater Management, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amending subsection (d)(6) to read and provide as follows: Sec. 11.4-3. Applicability. * * * (d) The following activities are exempt from these stormwater performance requirements: * * * (6) Linear development proj ects:, proyided that: 1. Less than five thousand (5,000) squaro feot of land will be disturbed per outfall; 11, The resulting increase in the peak flow discharge from a ten year storm e'/ont is less than one half (0.5) cubic feet per second; and 111. There arc no existing or anticipated flooding or erosion problems dovlllstream of the discharge point as determined by the administrator; (i) provided .that where less than 5,000 square feet of land wilt be disturbed per outfall, (a) the resulting increase in the peak flow discharge from a 10 year storm event does O-Amending; Chapter 1 L4-3.doc not exceed 0.5 cubic feet per second or five (5) percent of the existing flow, whichever is greater, and (b) there are no existing or anticipated flooding or erosion problems downstream of the discHarge point as determined by the Administrator; and (ii) provided that where land disturbance per outfall is at least 5,000 square feet but less than 1 acre, (a) the resulting increase in the peak flow discharge from a 10 year storm event does not exceed 0.5 cubic feet per second or five (5) percent of the existing flow, whichever is greater, and (b) interceptor trees are installed in accordance with the Stormwater Management Design Manual, and (c) there are., no existing or anticipated flooding or erosion problems downstream of the discharge point as determined by the Administrator; * * * 2. Pursuant to the provisions of Section '12 of the City Charter, the secqnd reading of this ordinance by title is hereby dispensed with. O-Amending Chapter 1 L4-3,doc ATTEST: ~m.Yhb()yv City Clerk . . ) 2 CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva,gov August 16, 2010 Honorable David A. Bowers, Mayor Honorable David B. Trinkle, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable Raphael E. Ferris, Council Member Honorable Sherman P. Lea, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Dear Mayor Bowers and Members of City Council: Subject: An ordinance amending subsection 11 A-3(d)(6) Applicability of Chapter 11.4, Stormwater Management, of the Code of the City of Roanoke (1979), as amended, for the purpose of adding an additional exemption under the City's Stormwater Management Ordinance for linear development projects Background: City Council adopted the current Stormwater Management Ordinance on October 1, 2007, by ordinance number 37920-100107, to establish minimum requirements to protect property and safeguard the general health, safety, and welfare of the public residing in watersheds within the City. The principal feature of the 2007 ordinance was to add a design manual and promulgate requirements for treating stormwater to improve water quality as required by the Commonwealth of Virginia. Section 11 .4-3 (d)(6) exempts so-called 'linear development' projects that meet certain criteria where the resulting stormwater runoff is unlikely to be significant. Examples of such projects include utility installations, curb, gutter and sidewalk projects, greenways, and improvements to existing streets. Specifically, linear development projects are exempt when they meet all three of these criteria: Honorable Mayor and Members of City Council August 16, 2010 Page 2 (i) less than 5,000 square feet of land will be disturbed per outfall, (ii) the resulting increase in the peak flow discharge from a 10-year storm event is less than 0.5 cubic feet per second, and (iii) there are no existing or anticipated flooding or erosion problems downstream of the discharge point as determined by the Administrator. Implementation of the 2007 ordinance has shown that some larger-scale projects can meet, criteria (ii) and (iii) and therefore have minimal or no significant impact on stormwater runoff, but they cannot meet the first criterion because of the area disturbed. Furthermore, criterion (ii)-that the increase in runoff will be no more then 0.5 cubic feet per second-is an absolute figure that does not necessarily account for the scale of a larger project or relate to what the associated outfall can handle. In response, staff proposes an amendment that would provide for an exemption for projects that disturb between 5,000 square feet and one acre of land area. As a condition of the exemption such projects would be required to install a certain number of "interceptor trees" as a measure to mitigate whatever minimal impact such a project may have on stormwater runoff. Location, sizing, and allowable types of interceptor trees would be installed in accordance with Chapter 2 of the Stormwater Management Design Manual, which has been attached for reference. In addition, staff proposes amendment of the second criterion to provide that the increase in runoff be no more than 0.5 cubic feet per second or five percent, whichever is greater, to accommodate larger scale projects. A copy of the proposed ordinance amendment is attached to this report. Considerations: The proposed amendment will permit exemptions of larger scale projects with disturbed area between 5,000 square feet and one acre. Because of mitigation and benefit provided by required tree installations, the negative impact on stormwater runoff will be negligible or non-existent. The proposed amendment requires the addition of trees to a linear development project by giving credits for each tree's performance related to rainfall interception, evapotraspiration, and infiltration. Trees intercept precipitation and provide several stormwater management benefits such as flow control and pollution reduction. Trees hold water on the leaves and branches and allow it to evaporate, thereby dissipating the amount and energy of runoff. Furthermore, the quality of stormwater runoff is improved by the taking up of pollutants from the soil and water through the tree roots. _ Honorable Mayor and Members of City Council August 16, 2010 Pag e 3 The proposed amendment will have no direct budgetary impact to the City. However, it will likely result in significant cost savings to the City and any other entity that constructs public improvements. Staff finds that the proposed amendment to the stormwater management ordinance will enable linear development projects to meet the intent of our ordinance and will encourage the addition of trees throughout the City of Roanoke. Recommendation: City Council adopt the attached ordinance to amend the Stormwater Management section of the City Code. Christopher P. Morrill City Manager c: William M. Hackworth, City Attorney Stephanie M. Moon, City Clerk Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Thomas N. Carr, Director, Planning Building and Development Christopher L. Chittum, Planning Administrator Danielle B. Bishop, Development Review Coordinator eM 10-00150 PROPOSED AMENDMENTS TO CHAPTER 11.4, STORMWATER MANAGEMENT OF THE CODE OF THE CITY OF ROANOKE (1979), AS AMENDED 1. Amending subsection (d)(6) of ~11.4-3, Applicability, of Chapter 11.4, to read as follows: Sec. 11.4 - 3 Applicability (d) The following activities are exempt from these stormwater performance requirements: (1) Linear development projects, provided that (i) less than 5,000 square feet of land will be disturbed per outfall, and (ii) the resulting increase in the peak flow discharge from a 10 year storm event is loss than which does not exceed 0.5 cubic feet per second or five (5) percent of the existing flow, which ever is greater, and (iii) there are no existing or anticipated flooding or erosion problems downstream of the discharge point as determined by the Administrator; (2) Linear development projects, provided that (i) land disturbance per outfall is at least 5,000 square feet but less then 1 acre, and (ii) the resulting increase in the peak flow discharge from a 10 year storm event does not exceed 0.5 cubic feet per second or five (5) percent of the existing flow, whichever is greater, and (iii) interceptor trees are installed in accordance with the Storm water Management Design Manual, and (iv) there are no existing or anticipated flooding or erosion problems downstream of the discharge point as determined by the Administrator; CHAPTER 2 - USE OF LOW IMPACT DEVELOPMENT/GREEN INFRASTRUCTURE 2.0 USE OF LOW IMPACT DEVELOPMENT/GREEN INFRASTRUCTURE ************* 2.2 Interceptor Trees for Linear Development Trees affect stormwater runoff through interception, transpiration, and infiltration. Trees intercept precipitation and provide stormwater management benefits through flow control and pollution reduction. 2.2.1 Design Criteria 2.2.1.1 Installation Requirements The number, location, and spacing oftrees shall be as specified in Table 2-1. TABLE 2-1 INTERCEPTOR TREE REQUIREMENTS Small deciduous Large deciduous Number of 1 per 50 s.t: of new impervious 1 per 100 s.t: of new impervious trees required surface created surface created Within 25 ft of new impervious Within 25 ft of new impervious Location surface surface ' Min spacing 15 25 Max spacing 25 40 If an unusual situation exists where strict adherence to the location and spacing requirements would result in substantial injustice or hardship, alternative locations and spacing may be approved by the Administrator, so long as the alternative location is located within the same watershed as the project. Such unusual situations may include, but are not limited to, irregular project limits, steep topography, or existing natural features to be avoided or protected. ~. ROANOKE 2-1 STORMW ATER MANAGEMENT DESIGN MANUAL August 2,2010 CHAPTER 2 - USE OF LOW IMPACT DEVELOPMENT/GREEN INFRASTRUCTURE 2.2.1.2 Tree Selection Trees to be credited as interceptor trees shall be selected from the approved tree list in Table 2-2 and shall meet the specified minimum caliper or height at the time of planting. Alternative species may be approved by the Administrator in consultation with the City's Urban Forester. TABLE 2-2 APPROVED INTERCEPTOR TREES (b) , Bbtanical Name (c) Minimum Size at Planting Ginkgo (male cultivar only) Honey Locust, 'Shademaster' 2" caliper 2" caliper 2" caliper " caliper 2" caliper 2" caliper Gleditsia triacanthos 'Shademaster' 2" caliper 2" caliper 2" caliper 2" caliper 2" caliper Acer rubrum Acer saccharum 2" caliper 2" caliper 2" caliper 2" caliper 2" caliper 2" caliper 2" caliper Quercus prinus Quercus rubra Quercus alba Dawn sequoia glyptostroboides Liriodendron tulipifera ~.. ROANOKE 2-2 STORMW ATER MANAGEMENT DESIGN MANUAL August 2, 2010 CHAPTER 2 - USE OF LOW IMPACT DEVELOPMENT/GREEN INFRASTRUCTURE SMALL DECIDUOUS TREES Cherry, Comelian Cherry, K wanzan Flowering 5' height nus serrulata 'Kwanzan' 2" caliper " caliper Dogwood, , Flowering us yeodensis Camus florida' 5' height Comus kousa Koelreuteria paniculata 5' height 2" caliper 5' height Carpinus caroliniana liper 2" caliper Acer ginnala Acer campestre 2" caliper 2" caliper 5' height Cercis canadensis Sourwood Oxydendrum arboreum 5' height Chionanthus virginicus 5' height White Fringetree ~. ROANOKE 2-3 STORMW ATER MANAGEMENT DESIGN MANUAL August 2, 2010 ~ ~~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of August, 2010. No. 38922-081610. A RESOLUTION authorizing the City Manager to enter into the 2010-2011 Community Development Block Grant ("CDBG") sub grant Agreement with Total Action Against Poverty in Roanoke V alley ("TAP"), upon certain terms and conditions. BE IT RESOLVED by the Council ofthe City of Roanoke that the City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, the 2010-2011 CDBG sub grant Agreement with TAP, approved as to form by the City Attorney, within the limits of funds and for the purposes as more particularly set forth in the City Manager's report dated August 16,2010, to this Council. ATTEST: 1M-R ~ dY). 'YJ 00.-0 . City Clerk. \, R-CDBG-TAP-FY10-ll.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 August 16, 2010 Honorable David A. Bowers, Mayor Honorable David B. Trinkle, Vice-Mayor Honorable William D. Bestpitch, Council Member Honorable Raphael E. Ferris, Council Member Honorable Sherman P. Lea, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Dear Mayor Bowers and Members of City Council: Subject: 2010-2011 CDBG Agreement with Total Action Against Poverty in Roanoke Valley (TAP) Background: Since 1965, Total Action Against Poverty in Roanoke Valley (TAP) has developed and executed programs that promote adequate housing, employment, health and nutrition, and education for the citizens of Roanoke and surrounding areas. To date, TAP's Emergency Home Repair program has performed emergency home repairs for approximately 170 qualifying citizens of Roanoke. On May 10,2010, City Council authorized TAP to conduct housing activities in our community by Resolution No. 38808-051010, which approved the City's 2010-2015 Consolidated Plan, including the 2010-2011 Action Plan for submission to the U.S. Department of Housing and Urban Development (HUD). City Council accepted the 201 0~2011 CDBG funds on June 21, 2010, by Budget Ordinance No. 38846-062110 and Resolution No. 38845-062110. Considerations: In order that TAP may conduct its approved 2010-2011 housing activities, City Council's authorization is needed to execute a subgrant agreement. Necessary CDBG funding is available in the account listed in the draft Agreement included with this report. A total of $125,000 is being provided to TAP to provide limited and emergency repairs to 17 homes city-wide, with the exception of the Hurt Park neighborhood, which TAP will assist through a separate agreement. The agreement would be effective from July 1, 2010, until June 30, 2011. Honorable Mayor and Members of City Council August 16, 2010 Page 2 Recommended Action: Authorize the City Manager to execute the 2010-2011 CDBG subgrant Agreement with Total Action Against Poverty in Roanoke Valley, similar in form and content to c the draft attached to this report, such agreement to be approved as to form by the City Attorney. ristopher P. Morrill City Manager' CPM/slp Attachments: 1 c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Thomas N. Carr, Director of Planning, Building & Development Frank E. Baratta, Budget Team Leader CM10-00154 AG REEM ENT This agreement is made and entered into as of 16th day of August, 2010, by and between the following parties: The Grantee City of Roanoke, Virginia 21 5 Church Avenue, S.W. Roanoke, Virginia 24011 The Subgrantee Total Action Against Poverty in the Roanoke Valley, Inc. 145 W. Campbell Ave., S.W. Roanoke, Virginia 24011 WITNESSETH WHEREAS, by Resolution No. 38808-051010, the Cou ncil of the City of Roanoke, Virginia, ("Council") approved the 2010-2015 Consolidated Plan, including the 2010-2011 Action Plan; and WHEREAS, by Resolution No. 38845-062110, adopted June 21, 2010, Roanoke City Council approved the acceptance of the 2010-2011 Community Development Block Grant (CDBG) program and by Ordinance No. 38846- 062110 appropriated the funds thereto, of which One Hundred Twenty-Five Thousand and 00/100 Dollars ($125,000) in Community Development Block Grant funds is to be provided to the Subrantee to provide limited and emergency repairs to single-family homes in Roanoke, excluding the Hurt Park neighborhood; and WHEREAS, by Resolution No. _____-081610, adopted August 16, 2010 City Council authorized the City Manager to execute an agreement for the proposed specified herein. NOW, THEREFORE, the parties hereto mutually agree as follows: 1. SCOPE OF SERVICES: a. General - Activities to be undertaken by the Subgrantee under this Agreement shall be known as the "2010-2011 Housing and Community Development (HCD) Emergency Home Repair Program" (the "Program") and have as their purpose the rehabilitation of single- family housing. Through CDBG funding provided by the Grantee, the Subgrantee will provide limited and emergency repairs to approximately 17 homes throughout the city, excluding the Hurt Park neighborhood. Repairs to houses will address such problems as falling plaster, broken water lines, holes in roofs and the repair Page 1 of25 Pages and/or replacement offurnaces. The Subgrantee will contract out for all repair work on a bid basis, with the lowest responsive and responsible bidder selected. All contractors selected to provide rehabilitation services under the Program will be properly licensed and insured. All homes assisted with CDBG funds under this Agreement shall be the principal residences of "eligible homeowners," as described in section 1.b. below. b. Eligible Household - For the purposes of determining "family income" (or, in the case of housing assistance, "household income"), activities assisted by CDBG and/or HOME funds provided by the City of Roanoke shall, in accordance with these City guidelines and such other guidelines as the City may issue, conform to the "Census Long Form" definition of "annual income" provided under the HUD regulations at 24 CFR 570.3 and 92.203(b). This method shall be the standard for the City's CDBG and HOM E assisted activities. All activities assisted with CDBG and/or HOME funds shall determine the gross family (or household) income through examination and retention of copies of source documents such as wage, interest, income tax, benefit or other statements. All CDBG and/or HOM E assisted activities shall use the City's standard "Eligibility Determination Record" form to clearly document the size and gross annualized income of the family (or household), except that activities may submit for City consideration alternate forms that, in addition to the basic eligibility determination information required by City, include additional information designed for the specific needs of the activity. No CDBG or HOME assisted activity shall use an alternate form without the prior written consent of the City. With the prior written consent of the City, CDBG-assisted activities that are not also assisted with HOME funds may substitute documentation that the family (or household) was eligible for and receiving assistance from another program whose income guidelines are at least as restrictive as those used for CDBG and shall submit to the City a copy of the program's income eligibility requirements for review. Absent the prior written authorization of the City, no CDBG- assisted activity shall be permitted to substitute documentation for the standard income determination. c. Performance Expectations and Schedule 1. HUD Outcome Measurement: The primary outcome of the HUD Performance Measurement System addressed by this program, project or activity is: Page 2 of25 Pages . Provide decent housing through improved affordability of home emergency repairs for low- to moderate-income persons. 2. Specific Quantifiable Objectives: It is expected that this program, project or activity will achieve the following: By June 30, 2011, 17 eligible homeowners will receive emergency home repairs, thereby improving their overall safety and health and allowing them to continue living independently in their homes. (1) By September 30, 2010, 4 homeowners shall have: (a) Completed formal applications and had program eligibility verified; (b) Received a home visit from the Contractor and Services Coordinator to assess damages, take pictures and make cost estimates; (c) Contracts for repair work executed; (d) Contracted repair work completed; (e) Work inspected by the Service Coordinator, who will also take pictures and have homeowner complete a client response form; (f) Payment made to contractor following successful inspection of the job. (2) By December 31, 2010, a cumulative total of 8 homeowners shall have completed the services set forth in section 1 .e(1) above. (3) By March 31 , 2011 , a cu mu lative total of 1 3 homeowners shall have completed the services set forth in section 1 .e(1) above. (4) By June 30, 2011, a cumulative total of 17 homeowners shall have completed the services set forth in section 1 .e(1) above. d. Eligible Use of CDBG Funds 1. Eligible CDBG Activity: Rehab; Single-Unit Residential 24 CFR 5 70.202(a)(1) 2. Eligible Broad National CDBG Objective: Housing for Low- and Moderate-Income Persons; 24 CFR 570.208(a)(3) 2. PERIOD OF PERFORMANCE Page 3 of25 Pages This Agreement shall be effective as of July 1,2010, and, unless amended, shall end June 30, 2011. 3. BUDGET a. General-- Unless amended, the total amount ofCDBG funds provided by the Grantee under this Agreement shall not exceed One Hundred Twenty-Five Thousand and 00/100 dollars $125,000.00, of which: (a) not less than $95,000.00 shall be used for housing repair costs; and (b) not more than $30,000.00 may be used by the Subgrantee for program delivery and indirect costs. The indirect costs are based on a plan approved by the Subgrantee's cognizant federal agency (the U.S. Department of Health and Human Services) and accepted by the Grantee for the purposes of this Agreement. At the sole discretion of the Grantee, any funds remaining unexpended as of the end date of this Agreement may be deobligated from the Agreement and made available for other CDBG projects of the Grantee, as appropriate. - b. Allowable Expenditures -- Except as restricted herein, funds provided by the Grantee under this Agreement may be used for any necessary, reasonable and allowable cost associated with this housing rehabilitation program. "Project" funds may include such items as the labor and materials costs of work performed by contractors, building permits and similar costs related to the rehabilitation of housing. "Delivery" funds may include such items as the wages and benefits of staff or other operating costs directly associated with providing housing rehabilitation services to homeowners, and indirect costs of the Subgrantee attributable to its general management and administration of this program. The purchase of real or personal property or equipment are not allowable costs under this Agreement. c. Subgrantee Investment -- It is understood that the Subgrantee will leverage approximately $242,912.00 in state and private funds toward the project. 4. REQUESTS FOR DISBURSEMENTS OF FUNDS a. This is a cost-reimbursement Agreement. Disbursement of funds under this Agreement may be requested only for necessary, reasonable and allowable costs for which the Subgrantee has made payment during the period of performance set forth in section 2 above. b. In general, disbu rsements shall be requested no more frequently than monthly, and shall be submitted to the Grantee's Department of Planning, Building and Development in form and content satisfactory to the Grantee, including copies of invoices or bills from vendors Page 4 of25 Pages supporting the request. Such supporting documentation will bear a date paid stamp, indicating the date and check number by which the cost was paid or be accompanied by an agency payment voucher providing this information. Requests for disbursement of funds related to the payment of staff wages and benefits shall be supported by payroll summaries or similar documentation. Requests for disbursement of funds for indirect costs shall indicate the amount of indirect costs being requested; by virtue of the Grantee's acceptance of the Subgrantee's indirect cost plan, no other supporting documentation shall be required for disbursement funds for indirect costs. c. Disbursement of requested funds to the Subgrantee for properly docu mented necessary, reasonable and allowable costs will generally be made within ten (10) days of receipt, subject to the timely receipt of monthly reports (see section 6 below). d. All requests for disbursements of funds associated with activities under this Agreement must be received by the Grantee within 30 calendar days of the ending date set forth in section 2 above. The Grantee shall not be bound to honor requests for disbursements received after this 30-day period has expired. 5. RECORDS REQUIREMENTS a. Records to be maintained -- At a minimum, the Subgrantee shall , maintain financial and project documents and records which comply with the requirements of 24 CFR 570.506, and 570.507, as applicable. b. Period of record retention -- In compliance with the requirements of 24 CFR 570.502(b), the Subgrantee shall retain financial and project documents and records pertaining to this Agreement for a period of four (4) years, as applicable, or the conclusion of any legal or administrative process requiring their use, whichever is later. c. Access to records -- The Grantee and other entities shall have access to financial and project documents and records pertaining to this Agreement in compliance with the applicable requirements of 24 CFR 84.53. 6. REPORTING REQUIREMENTS a. By the 7th working day following the end of each month, the Subgrantee shall report the progress of activities covered by this Page 5 of25 Pages Agreement, in a format acceptable to the Grantee's Department of Planning, Building and Development. Such monthly reports shall include, but not be limited to, the following: (l) A narrative section summarizing progress to-date on the program(s) included under the Scope of Services; (2) Certifications regarding debarment and suspension of contractors, as described in section 13.h. below. (3) A table providing data on each housing unit and eligible family assisted (see Attachment A for minimum data elements to be reported). (4JA table providing data on the demographics of all households served (see Attachment B). b. The Subgrantee agrees to submit any other reports or documentation as requested by the Grantee concerning activities covered under this agreement. 7. MONITORING The Subgrantee shall monitor the progress of the project covered by this Agreement, and shall submit appropriate reports to the Grantee's Department of Planning, Building and Development. In addition, during the period of this Agreement the Grantee shall monitor the Subgrantee's performance and financial and programmatic compliance as part of disbursement processing and other desk reviews, on-site reviews, and/or other means, as appropriate. 8. ANNUAL AUDIT Pursuant to City Council policy adopted under Resolution No. 37281- 010306, nonprofit entities existing for at least two years and with an annual budget exceeding $50,000 are required to perform an annual independent audit. As such, the Subgrantee is subject to this audit requirement. In addition, as an entity expending more than $500,000 in federal funding in a fiscal year, the Subgranteeis required to undergo an annual independent audit conforming to the requirements offederal OMB Circular A-1 33. To the extent permitted by the budget of this Agreement, the increase in the Subgrantee's audit costs attributable to this requirement are allowable costs underthis Agreement. The independent audit required for federal purposes satisfies both the Council and federal requirements. Required audits are due within 30 days of receipt from the auditor, or 9 months after the end of th'e fiscal year, whichever occurs earlier. Page 6 of25 Pages 9. PROGRAM INCOME: "Program income" means gross income received by the Grantee or Subgrantee directly generated from the use of CDBG funds. Program income from any and all sources shall be submitted to the Grantee within five (5) days of its receipt by the Subgrantee. No program income is expected. 10. INSURANCE REQUIREMENTS The Subgrantee involved in this Agreement shall maintain the insurance coverages set forth in Attachment C to this Agreement and provide the proof of such insurance coverage as called for in Attachment C. Such insurance coverage shall be obtained at the Subgrantee's sole expense, approved by the City's Risk Manager, maintained during the life of the Agreement and shall be effective prior to the beginning of any work or other performance by the Subgrantee under this Agreement. Additional insured endorsements, if required, must be received by the City within 30 days of the execution of this Agreement or as otherwise required by the City's Risk Manager. 11. REVERSION OF ASSETS a. Upon expiration or termination of this Agreement, including any amendments thereto, the Subgrantee shall transferto the Grantee any CDBG funds or Program Income on hand at the time of expiration or termination and any accounts receivable attributable to the use of CDBG funds. b. Any real property under the Subgrantee's control that was acquired or improved, in whole or in part, with CDBG funds in excess of $25,000: (1) Shall continue for a period of not less than five years following, expiration of this Agreement, including any amendments thereto, to be used to meet one of the CDBG national objectives cited in 24 CFR 570.208; or (2) If the property is not used in accordance with paragraph (1) above, the Subgrantee shall pay the Grantee an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. The payment shall be considered Program Income to the Grantee. 12. SUSPENSION AND TERMINATION Page 7 of25 Pages In the event the Subgrantee materially fails to comply with any term of the Agreement, the Grantee may suspend or terminate, in whole or in part, this Agreement or take other remedial action in accordance with 24 CFR 85.43. The Agreement may be terminated for convenience in accordance with 24 CFR 85.44. 13. COMPLIANCE WITH FEDERAL REGULATIONS The Subgrantee agrees to abide by the HUD conditions for CDBG programs as set forth in Attachment D and all other applicable federal regulations relating to specific programs performed hereunder. Further, the Subgrantee agrees to require compliance with applicable federal regu lations of the contractor by agreement. 14. OTHER PROGRAM/PROJECT REQUIREMENTS In addition to other requirements set forth herein, the Subgrantee shall likewise comply with the applicable provisions of Subpart K of 24 CFR 570, in accordance with the type of project assisted. Such other requirements include, but are not necessarily limited to, the following. a. Property standards and lead-based paint -- All housing assisted shall meet the Statewide Building Code and' the lead-based paint requirements in 24 CFR 570.608. In accordance with regulations, the Subgrantee shall adhere to lead-based paint abatement practices, as applicable, and in no case shall use lead-based paint in the construction or rehabilitation of the properties assisted under this Agreement. b. Section 109 -- In accordance with Section 109 of the Housing and Community Development Act of 1974 (42 U.S.c. 3535(d)), no person in theUnited States shall on grounds of race, color, religion, sex or national origin be excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity funded in whole or in part with funds available under this Agreement. (See also Attachment C.) c. Conditions for religious organizations n The Subgrantee shall not grant or loan any CDBG funds to primarily religious organizations for any activity including secular activities. In addition, funds may not be used to .rehabilitate or construct housing owned by primarily religious organizations or to assist primarily religious organizations in acquiring housing. In particular, there shall be no religious or membership criteria for homeowners to be assisted under this Agreement. d. Labor standards -- As herein structured, the program covered by this Page 8 of25 Pages Agreement is not considered subject to federal Labor Standards, including prevailing (Davis-Bacon) wage rates for non-volunteer labor. e. Environmental standards -- In accordance with 24 CFR 570.604, the activities under this Agreement are subject to environmental review requirements. Such requirements may include, but are not necessarily limited to, historic significance, floodplain, and hazardous sites. The Grantee has performed the tiered review necessary to initiate the preliminary program activities; however, no CDBG funds may be expended for a given property prior to the Subgrantee's completing its individual property review, any required remedial actions and the required Subgrantee environmental checklist, which must include all compliance categories specified by HUD and the Grantee. All specifications for proposed housing rehabilitation under this Agreement will be su bmitted to the Grantee's Department of Planning, Building and Development for review as to compliance with Section 106 of the National Historic Preservation Act. The results of this historic review shall be reflected in the Subgrantee's environmental checklist. f. Displacement and relocation -- In accordance with 24 CFR 570.606, the Subgrantee shall take all reasonable steps to minimize displacement as a result of the activities described in section 1. Any persons displaced as a result of the activities under this Agreement shall be provided relocation assistance to the extent permitted and required under applicable regulations. g. Employment and contracting opportunities -- In accordance with 24 CFR 570.607, the activities under this Agreement are subject to the requirements of Executive Order 11246, as amended, and Section 3 of the Housing and Urban Development Act of 1968. The former prohibits discrimination on federally-assisted construction contracts and requires contractors to take affirmative action regarding employment actions. The latter provides that, to the greatest extent feasible and consistent with federal, state and local laws, employment and other economic opportunities arising housing rehabilitation, housing construction and public construction projects shall be given to low- and very-low-income persons. (See also Attachment C.) h, Debarment and suspension -- In accordance with 24 CFR 24, the Subgrantee shall not employ or otherwise engage any debarred, suspended, or ineligible contractors or subcontractors to conduct any activities' under this Agreement. The Subgrantee will consult appropriate references, including, but not limited to, the Excluded Parties Listing Service website at http.//epls.arnet.gov, to ascertain \ the status of any third parties prior to engaging their services. The Subgrantee will submit to the Grantee's Department of Planning, Page 9 of25 Pages Building and Development the names of contractors and subcontractors selected under this Agreement, including a certification by the Subgrantee that it has determined that none of these entities are presently debarred, suspended, or ineligible. i. Uniform administrative reauirements -- The Subgrantee shall comply with the requirements and standards set forth in 24 CFR 570.502, and all applicable CDBG and other federal regulations pertaining to the activities performed under this Agreement. j. Conflict of interest -- In accordance with 24 CFR 570.611, no covered individual who exercises any functio,ns or responsibilities with respect to the program, during his tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this Agreement. The Subgrantee shall incorporate, or cause to be incorporated, in any contracts or subcontracts pursuant to this Agreement a provision prohibiting such interest pursuant to the purposes of this section. 15. EQUAL EMPLOYMENT OPPORTUNITY Non-Discrimination: During the performance of this Agreement, the Subgrantee agrees as follows: a. The Subgrantee 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 Subgrantee. The Subgrantee agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. b. The Subgrantee, in all solicitations or advertisements for employees placed by or on behalf of the Subgrantee, will state that such Subgrantee is an equal opportunity employer. c. Notices, advertisement and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient lor the purpose of meeting the requirements of this section. d. The Subgrantee will include the provisions of the foregoing subsections (a), (b) and (c) 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. Page 10 of25 Pages 16. DRUG-FREE WORKPLACE The Subgrantee will: (i) provide a drug-free workplace for the Subgrantee'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 prohibited in the Subgrantee'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 the Subgrantee that the Subgrantee 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 purposes of this subsection, "drug-free workplace" means a site for the performance of work done in connection with this contract. 17. FAITH-BASED ORGANIZATIONS Pursuant to '2.2-4343.1 of the Code of Virginia (1950), as amended, the City of Roanoke does not discriminate against faith-based organizations. 18. COMPLIANCE WITH IMMIGRATION LAW Pursuant to 9 2.2-4311.1 of the Code of Virginia, the Subgrantee does not, and shall not during the performance of this Agreement in the Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986. 19. THIRD-PARTY CONTRACTS The Grantee shall not be obligated or liable hereunder to any party other than the Subgrantee. 20. INDEMNIFICATION The Subgrantee agrees and binds itself and its successors and assigns to indemnify, keep and hold the Grantee and its officers, employees, agents, volunteers and representatives free and harmless from any liability on account of any injury or damage of any type to any person or property growing out of or directly or indirectly resulting from any act or omission of the Subgrantee including: (a) the Subgrantee's use of the streets or sidewalks of the Grantee or other pu blic property; (b) the performance under this Agreement; (c) the exercise of any right or privilege granted by or under this Agreement; or (d) the failure, refusal or neglect of the Page 11 of25 Pages Subgrantee to perform any duty imposed upon or assumed by Subgrantee by or under this Agreement. In the event that any suit or proceeding shall be brought against the Grantee or any of its officers, employees, agents, volunteers or representatives at law or in equity, either independently or jointly with the Subgrantee on account thereof, the Subgrantee, upon notice given to it by the Grantee or any of its officers, employees, agents, volunteers or representatives, will pay all costs of defending the Grantee 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 judgement being awarded against the Grantee or any of its officers, employees, agents, volunteers or representatives, either independently or jointly with the Subgrantee, then the Subgrantee will pay such settlement or judgement in full or will comply with such decree, pay all costs and expenses of whatsoever nature and hold the Grantee or any of its officers, , employees, agents, volunteers or representatives harmless therefrom. 21. INDEPENDENT PARTIES / The relationship between the Subgrantee and the Grantee is not intended in any way to create a legal agency or employment relationship. Both parties acknowledge that neither is an agent, partner or employee of the other for any purpose. The Subgrantee shall be responsible for causing all required insurance, workers' compensation and unemployment insurance to be provided for all of the Subgrantee's employees and su bcontractors. The Su bgrantee shall be responsible for all actions of the Su bgrantee, its employees, agents and any of the Subgrantee's subcontractors, and that they are properly licensed. 22. NOTICE Any notice, request, or demand given or required to be given under this Agreement 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, retu rn receipt requested to the addresses stated below. To the Grantee: Christopher P. Morrill, City Manager Room' 364, Noel C. Taylor Municipal Building 215 Church Avenue, S. w. Roanoke, Virginia 24011 To the Subgrantee: Theodore J. Edlich, III, President Total Action Against Poverty 145 W. Campbell, S.W. Roanoke, Virginia 24011 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. Page 12 of25 Pages 23. SUCCESSORS This Agreement shall be binding upon each of the parties, and their assigns, purchasers, trustees, and successors. 24. ENTIRE AGREEMENT This Agreement, including all of its Attachments, represents the entire agreement between the parties and shall not be modified, amended, altered or changed, except by written agreement executed by the parties. 25. AMENDMENTS The Grantee may, from time to time, require changes in the obligations of the Subgrantee hereunder, or its City Council may a'ppropriate further funds for the implementation of this CDBG rehabilitation project. In such event or events, such changes which are mutually agreed upon by and between the Grantee and the Subgrantee shall be incorporated by written amendment to this Agreement. 26. GOVERNING LAW This Agreement shall be governed by laws of the Commonwealth of Virginia. 27. AVAILABILITY OF FUNDS CDBG funding to be made available by the Grantee under this Agreement is contingent upon necessary appropriations by the U.S. Congress. In the event that sufficient funds are not appropriated, at the sole discretion of the Grantee, this Agreement may be terminated in whole or in part. 28. ANTI-LOBBYING To the best of the Subgrantee's knowledge and belief, no federal appropriated funds have been paid or will be paid, by or on behalf of it, to any persons 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 of a Member of congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to Page 13 of25 Pages influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, the Subgrantee will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Page 14 of25 Pages IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year hereinabove written: ATTEST: By _________________________________ Stephanie M. Moon, City Clerk ATTEST: By _________________________________ Lora Brown, Asst. to the President President APPROVED AS TO CDBG ELIGIBILITY By _________________________________ Planning, Building & Development APPROVED AS TO EXECUTION By _______________________~--------- Assistant City Attorney FOR THE GRANTEE: By ____________________________________ Christopher P. Morrill, City Manager FOR THE SUBGRANTEE: By ____________________________________ Theodore J. Edlich, III, APPROVED AS TO FORM By ____________________________________ Assistant City Attorney APPROPRIATION AND FUNDS FOR THIS CONTRACT CERTIFIED By ____________________________________ Director of Finance Date 35-Gll-1119-5470 $95,000.00 (Project) Account# 3 5-G 11-1119-5483 $30,000.00 (Delivery) Page 15 of25 Pages Attachments Attachment A - Housing/Beneficiary Reporting Elements Attachment B - Housing/Beneficiary Demographies Report Attachment C - Insurance Requirements Attachment D - Special Fe~eral Terms and Conditions Page 16 of25 Pages Attachment A Housing/Beneficiary Reporting Elements On a monthly basis, the Subgrantee shall provide a narrative report to the Grantee summarizing progress on the project to-date. Accompanying the narrative, the Subgrantee shall submit data in a table or spreadsheet format that is needed in order that the Grantee may complete its required reports to HUD. Data provided by the Subgrantee shall be cumulative to date and include: Property Address Number of bedrooms Status (pending, under construction, completed or sold) Homeowner Name Total family income (projected for 12 months following determination) Number in family Whether head of household is disabled eDBG funds committed to property Prime eontractor(if applicable) Name Federall.D. Number (or Owner Social Security Number) Whether Minority-Owned, Women-Owned or Both eDBG funds committed to Prime Subcontractor (if applicable; provide separate data for each subcontractor) Name Federal I.D. Number (or Owner Social Security Number) Whether Minority-Owned, Women-Owned or Both eDBG funds committed to Subcontractor Page 17 of25 Pages Attachment B Housing/Beneficiary Demographics Report Also accompanying the monthly narrative report and the reporting elements given in Attachment A, the Subgrantee shall provide the demographics report in the format provided below. DIRECT BENEFICIARY REPORT Program / Activity Name Reporting Period Counts by: ___Households or _ Persons? (Check the one that applies.) # of New Participants this Period (if 2 applicable): ' 3 TOTAL # BENEFITING FROM ACTIVITY: (Beginning 07/01/10 - Ending 06/30/11) (cumulative to date) 4 RACIAL INFORMATION (cumulative to date) White: Black/African American: Asian: American Indian / Alaskan Native: Native Hawaiian / Other Pacific Islander: American Indian / Alaskan Native & White: Asian & White: Black/African American & White: Am. Indian/Alaskan Native & Black/African Am.: Other Multi-Racial: # TOTAL # HISPANIC TOTAL: 5 # FEMALE HEAD OF HOUSEHOLD: (cumulative to date) 6 # ELDERLY (62 and Older): (cumulative to date) 7 INCOME INFORMATION (cumulative to date) < 80% of Median (Low Income Limit) < ?O% of Median (Very Low Income) < 30% of Median # TOTAL TOTAL: Prepared by:_______________________________ Date Prepared: ________________ Revised 08/25/2009 Attachment C Page 18 of25 Pages City of Roanoke Subrecipient Insurance Requirements Your attention is directed to the insurance requirements below. Particular attention should be given to Best's Guide rating requirement listed below. Please consult your insurance carrier(s) or broker(s) regarding the insurance as prescribed and provided herein. Failure to comply with and maintain insurance requirements may result in the interruption, suspension or termination of the activities under this Agreement. Tvoe of Insurance Coverage General Auto Liability Workers' Medical Liability Compensation Malpractice Required by Yes Yes Yes No contract? Workers' $1,000,000 $250,000 Compensation Minimum Limits Combined Combined to Statutory of Coverage Single Limit Single Limit Limits; N/A Per $100/500/10 Occurrence Per Accident o Employers' Liability Limit Minimum Best's A-VII; must A-VII; must A-VII; must be Guide Rating / be an be an an admitted N/A Ot her admitted admitted Requirements insurer insurer insu rer Additional Insured Yes N/A N/A N/A Endorsement ReQu ired? Waiver of Yes N/A Yes N/A Subrogation? Comments None Any insurance certificates evidencing coverage for which an additional insured endorsement is required must contain substantially the following language, ''The City of Roanoke, its officers, agents, employees and volunteers are additionally insured for..." Additional insured coverage must be primary and the city's insurance program'must be non-contributory. Page 19 of25 Pages Attachment D U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SPECIAL TERMS AND CONDITIONS (Agreements $10,000 or Over) 1.' "Section 3" Compliance -- Provision of Training. Employment and Business Opportunities: a. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.c. 170. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. b. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. c. The Subgrantee will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. d. The Subgrantee will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pu rsuant to the su bcontract upon a finding that the contractor is in violation of regulations issued by the Secretary of Housing and Urban Development 24 CFR Part 135. The Subgrantee will not subcontract with any contractor where it has notice or knowledge that the latter has been found in violation of regulations Page 20 of25 Pages under 24 CFR part 135 and will not let any subcontract unless the contractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. e. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successor and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its Subgrantees and contractors, its' successors and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 1 35. 2. Equal Emplovment Opportunity: Contracts subiect to Executive Order 11246. as amended: Such contracts shall be subject to HUD Equal Employment Opportunity regulations at 24 CFR Part 130 applicable to HUD-assisted construction contracts. The Subgrantee shall cause or require to be inserted in full in any non-exempt contract and' subcontract for construction work, or modification thereof as defined in said regulations, which is paid for in whole or in part with assistance provided under this Agreement, the following equal opportunity clause: "During the performance of this contract, the Subgrantee agrees as follows: a. The Subgrantee will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Subgrantee will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgra'ding, demotion ortransfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Subgrantee agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions ofthis nondiscrimination clause. b. The Subgrantee will, in all solicitations or advertisements for employees placed by or on behalf of the Subgrantee, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. c. The Subgrantee will send to each labor union or representative of Page 21 of25 Pages workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representatives of the Subgrantee's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The Subgrantee will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. e. The Subgrantee will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. f. In the event of the Subgrantee's noncompliance with the nondiscrimination clauses of this contract or with any of such r,ules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in part, and the Subgrantee may be declared ineligible for further Government contracts or Federally-assisted construction contract procedures authorized in Executiv~ Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. g. The Subgrantee will include the portion of the sentence immediately preceding paragraph (A) and the provisions of paragraphs (A) through ,(G) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each contractor or vendor. The Subgrantee will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a Subgrantee becomes involved in or is threatened with litigation with a contractor or vendor as a result of such direction by the Department, the Subgrantee may request the United States to enter into such litigation to protect the interest of the United States." The Subgrantee further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in Federally-assisted construction work; provided, that if the Subgrantee so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality Page 22 of25 Pages or subdivision of such government which does not participate in work on or under the contract. The Subgrantee agrees that it will assist and cooperate actively with the Department and the Secretary of Labor in obtaining the compliance of Subgrantees and contractors with the equal opportunity clause and the rules, regulations and relevant orders of the Secretary of Labor; that it will furnish the Department and the Secretary of Labor such compliance; and that it will otherwise assist the Department in the discharge of its primary responsibility for securing compliance. The Subgrantee further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a Subgrantee debarred from, or who has not demonstrated eligibility for Government contracts and Federally-assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportu nity clause as may be imposed upon Subgrantees and contractors by the Department or the Secretary of Labor pursuant to Part II, Subpart D, of the Executive Order. In addition, the Subgrantee agrees that if it fails or refuses to comply with these undertakings, the Department may take any or all of the following actions: cancel, terminate or suspend in whole or in part the grant or loan guarantee; refrain from extending any further assistance to the Subgrantee under the Program with respect to which the failure or refusal occurred until satisfactory assurance offuture compliance has been received from such Subgrantee; and refer the cause to the Department of Justice for appropriate legal proceedings. 3. Nondiscrimination Under Title VI of the Civil Rights Act of 1964: This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and HUD regulationswith respect thereto, including the regu lations under 24 CFR Part 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Subgrantee shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis or race, color, religion, sex or national origin, in the sale, lease or rental, or in the use of occupancy of such land or any improvements erected or to be erected thereon, and providing that the Subgrantee and the United States are beneficiaries of and entitled to enforce such covenant. The Subgrantee, in undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measu res as are necessary to enforce such covenant and will not itselfso discriminate. 4. Section 504 and Americans with Disabilities Act: The Subgrantee agrees to comply with any federal regulation issued pursuant to compliance with the Section 504 of the Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act, which prohibit discrimination against the disabled in any federal assisted program. Page 23 of25 Pages 5. ObliQations of Subgrantee with Respect to Certain Third-party Relationships: The Subgrantee shall remain fully obligated under the provisions of the Agreement, notwithstanding its designation of any third party or parties for the undertaking of all or any part of the program with respect to which assistance is being provided under this Agreement to the Subgrantee. Any Subgrantee which is not the Applicant shall comply with all lawful requirements of the Applicant necessary to insure that the program, with respect to which assistance is being provided under this Agreement to the Subgrantee is carried out in accordance with the Applicant's Assurances and certifications, including those with respect to the assumption of environmental responsibilities of the Applicant under Section 1 04(h) of the Housing and Community Development Act of 1974. 6. Interest of Certain Federal Officials: No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from the same. 7. Prohibition Against Payments of Bonus or Commission: The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining HUD approval of the application for such assistance, or HUD approval or applications for additional assistance, or any other approval or concurrence of HUD required under this Agreement, Title I of the Housing and Community Development Act of 1974, or HUD regulations with respect thereto; provided, however, that reasonable fees or bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs. 8. "Section 109": This Agreement is subject to the requirements of Section 1 09 of the Housing and Community Development Act of 1974,42 U.S.c. 3535(d). No person in the United States shall on the ground of race, color, religion, sex or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with fund's available under this title. 9. Access to Records and Site of Employment: This agreement is subject to the requirements of Executive Order 11246, Executive Order 1375, Civil Rights Act of 1964, as amended. Access shall be permitted during normal business hours to the premises for the purpose of conducting on-site compliance reviews and inspecting and copying such books, records, accounts, and other material as may be relevant tot he matter under investigation and pertinent to compliance with the Order, and the rules and regulations promulgated pursuant thereto by the Subgrantee. Information obtained in this manner shall be used only in connection with Page 24 of25 Pages the administration of the Order, the administration of the Civil Rights At of 1964 (as amended) and in furtherance of the purpose of the Order and that Act. 10. Legal Remedies for Contract Violation: If the Subgrantee materially fails to comply with any term of this Agreement, whether stated in a Federal statute or regulation, an assurance, in a State plan or application, a notice of award, or elsewhere, the City may take one or more of the following action, as appropriate in the circumstances: a. Temporarily withhold cash payments pending correction of the deficiency by the Subgrantee, b. Disallow all or part of the cost of the activity or action not in compliance, c. Wholly or partly suspend or terminate the current Agreement, or d. Take other remedies that may be legally available. Page 25 of25 Pages G))c IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of August, 2010. No. 38923-081610. AN ORDINANCE authorizing the City Manager to execute Amendment No.2 to the purchase and sales contract dated March 4, 2010, as amended by Amendment No. I, dated June 21, 2010, by and between the City of Roanoke, Virginia, and 220 Church, LLC, to extend the closing date for the purchase of City-owned property located at 220 Church Avenue, by 220 Church, LLC, until no later than December 31, 2010, and requiring 220 Church, LLC, to provide the City written progress reports each month; and dispensing with the second reading by title of this ordinance. WHEREAS, the City and 220 Church, LLC, entered into a purchase and sales contract dated March 4,2010, for the sale of City-owned property located at 220 Church Avenue, S.W., Roanoke, Virginia, commonly known as the Comnionwealth Building, as authorized by Ordinance No. 38737-030110, which contract provided that closing of the property would occur no later than one hundred twenty (120) days after the date of the contract; WHEREAS, by Amendment No.1, dated June 21, 2010, to the aforementioned sales contract, as authorized by this Council by Ordinance No. 38855-062110, closing of the property was extended an additional sixty (60) days to occur no later than one hundred eighty (180) days after the date ofthe contract; and WHEREAS, 220 Church, LLC, has requested that the closing date be further extended to facilitate completion oflease development with the Federal General Services Administration, which intends to continue occupying the Commonwealth Building as a tenant, until\no later than December 31, 20 10. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized to execute Amendment No.2 to the purchase and sales contract between the City of Roanoke and 220 Church, LLC, dated March 4, 2010, as amended by Amendment No.1, dated June 21, 2010, to extend the closing date for the purchase of City-owned property located at 220 Church Avenue, designated as Tax Map No. 1012103, by 220 Church, LLC, an additional period of time until no later than December 31, 2010, so as to facilitate completion 0 f lease development by 220 Church, LLC, with the Federal General Services Administration and to require 220 Church, LLC, to provide to the City written progress reports on such lease development, and as more fully described in the City Manager's letter dated August 16, 2010, to this Council. All documents shall be upon form approved by the City Attorney. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading by title ofthis'Ordinance is hereby dispensed with. ATTEST: ~m.hJollvv . City Clerk. 2 CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva,gov August 16, 2010 Honorable David A. Bowers, Mayor Honorable David B. Trinkle, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable Raphael E. Ferris, Council Member Honorable Sherman P. Lea, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Dear Mayor Bowers and Members of City Council: Subject: Amendment No.2 to Contract for Purchase and Sale of Real Property with 220 Church, LLC. Background: The City and 220 Church, LLC, LP (Buyer) entered into a Contract for Purchase and Sale of Real Property (Contract), dated March 4, 2010, regarding the City- owned Commonwealth Building located at 220 Church Avenue, S.W. (tax map no. 1012103). The Contract was authorized by City Council on March 1,2010, upon adoption of Ordinance No. 38737-030110. The Contract requires completion of Buyer's due diligence obligations, and closing on the real estate transaction within 120 days after the date of the Contract. The sale price of the property is $3,650,000.00. The Contract was amended on June 21, 2010 upon adoption of Ordinance No. 38855-06210. That amendment extended the time period during which the real estate closing would occur by sixty (60) days bringing the total timeframe to 180 days. During the preceding two months, the Buyer has continued the due diligence obligations outlined in the Contract, including the lease negotiation process with the Federal General Services Administration (GSA) as it pertains to the retention of the United States Bankruptcy Court in the building. However, the process involved in securing a new lease with the GSA has not been completed, but continues to be actively pursued by the parties. The Buyers have requested that the timeframe for the real estate closing established in the Contract be amended further so as to facilitate completion of the lease development with the GSA prior to the closing date. Honorable Mayor and Members of City Council August 16, 2010 Page 2 The attached proposed Amendment No. 2 provides modified language to the Contract which extends the time period during which the real estate closing may occur up to an additional one hundred twenty-two (122) days from the date of the Contract, bringing the total time between the date of the contract and closing to 302 days, which is December 31, 2010. When the Buyers complete all necessary due diligence activities, closing can take place at any time during the extension period with ten (10) day prior notice to the City. Amendment No. 2 also requires the Buyers to provide to the Assistant City Manager for Community Development written progress reports on the due diligence activities on the 15th and 30th days of each month of the extension period. All other terms and conditions of the Contract dated March 4, 2010, as amended, between the parties will remain in full force and effect. Recommended Action: Approve the changes and modifications to the Contract as set forth in the proposed Amendment No.2. Authorize the City Manager to execute an Amendment No. 2 to the contract between the City and 220 Church LLC, in a form substantially similar to the one attached, with the form as such Amendment No.2 to be approved by the City Attorney. Authorize the City Manager to take such actions and execute such documents as necessary to implement, administer, and enforce such Amendment No.2 to the Contract. Respectfully submitted, ~f1~ Christopher P. Morrill 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 Robert B. Ledger, Economic Development Manager CM10-00159 AMENDMENT NO. TWO This Amendment No. Two to "Contract for Purchase and Sale of Real Property" dated March 4, 2010 ("Contract") between the CITY OF ROANOKE, VIRGINIA, a Virginia municipal corporation (" Seller or City") and 220 CHURCH, LLC, a Virginia limited liability company ("Buyer"), is dated this , 2010, WITNESSETH WHEREAS, by Contract dated March 4, 2010, the City and Buyer entered into a purchase and sales contract for the purchase of City owned property designated as the Commonwealth Building; WHEREAS, the Contract provided that closing of the property would occur no later than one hundred twenty (120) days from the date of March 4, 2010; WHEREAS, by Amendment No.1, dated June 21, 2010, to the Contract, closing of the property was extended an additional sixty (60) days to occur no later than one hundred eighty (180) days after the date of the Contract; and , WHEREAS, Buyer has requested that the closing date of the Property be further extended to facilitate completion of its lease development with the Federal General Services Administration, which intends to continue occupying the Commonwealth Building as a tenant, until no later than December 31,2010. NOW, THEREFORE, in consideration of the agreements and mutual promises contained in the Contract, the parties agree as follows: 1. Section 1, Definitions. Closinq Date, is hereby amended to read and provide as follows: ClosinQ Date: The date provided for in Section 10 hereof for the Closing. The Closing Date shall be a date no later than December 31, 2010, unless otherwise extended by the parties as provided herein. 2. Section 3 (D), Conditions for Completion of Contract, is hereby amended to read and provide as follows: D. Buyer shall have until ninety (90) days after the date of this Contract to complete its due diligence review of the Property (Due Diligence Period) and determine if there are any environmental, geotechnical, title problems, or engineering issues with the Property that would prevent its use of the Property. Should Buyer reasonably determine during such Due Diligence Period that the Property cannot be used by the Buyer due to environmental, geotechnical, engineering, or title problems, the Buyer shall notify the S~lIer in writing as soon as possible, but in no event not later than five (5) calendar days after the end of such Due Diligence Period, of Buyer's decision to terminate the Contract for such reason. In such case, this Contract shall thereupon be terminated and of no further force and effect, unless Seller and Buyer mutually agree to modify this Contract to address any such issues. After such due diligence period has expired, Buyer shall have no later than December 21, 2010, to arrange and schedule the Closing Date with Buyer such Closing to occur no later than December 31, 2010. The time periods stated in this Section may only be extended by consent of the Seller in writing. 4. Subsections Band C of Section 10, Title and ClosinQ, shall be ' amended to read and provide as follows: B. Buyer and Seller shall consummate this transaction on or before December 31, 2010, with the specific Closing being designated by Buyer in writing to Seller at least ten (10) days in advance thereof (the "Closing Date"). C. The purchase and sale of the Property shall be closed (the "Closing") at 10:00 AM. on the Closing Date in the Office of the City Attorney, or at such other location, date, 'and time as shall be approved by Buyer and Seller. The Closing Date shall be a date no later than December 31,2010. (1) On the Closing Date, Seller shall deliver or cause to be delivered to Buyer the following documents: a) Its duly executed and acknowledged Special Warranty Deed conveying to Buyer the Property in accordance with the provisions of this Contract; b) A mechanic's lien affidavit executed by a representative of Seller, satisfactory to the Buyer, and to the effect that no work has been performed on the Property by Seller in the one hundred twenty-five (125) days immediately preceding the Closing Date that could result in a mechanic's lien claim, or, if such work has been performed, it has been paid for in full; c) Such evidence and documents including, without limitation, a certified copy of the ordinance adopted by the Seller, as may 2 reasonably be required by the Title Company evidencing the authority of the person(s) executing the various documents on behalf of Seller in connection with its sale of the Property; d) A duly executed counterpart of a Closing Statement;. and e) Any other items required to be delivered pursuant to this Contract. 5. Buyer hereby acknowledges and agrees to provide the Assistant City Manager for Community Development written progress reports on the status of Buyer's lease developments with the United States General Services Administration on the 15th and 30th days of each month commencing September 1, 2010, as a condition to Seller's obligation to close on the property. Such progress reports may be sent bye-mail to Brian Townsend at Brian. Townsend@roanokeva.gov. 6. Except as changed or modified herein, the conditions, terms and obligations of the Contract, as amended by Amendment No.1, shall remain in full force and effect as if fully stated herein. IN WITNESS WHEREOF, Buyer and Seller have executed this Amendment No. Two by their authorized representatives. SELLER: CITY OF ROANOKE, VIRGINIA By (SEAL) Christopher P. Morrill, City Manager COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to-wit: The foregoing instrument was ackrlOwledged before me this _day of , 2010, by Christopher P. Morrill, City Manager for the City of Roanoke, for and on behalf of said municipal corporation. ,J ' My commission expires: Notary Public Registration No. 3 BUYER: 220 Church, LLC, a Virginia limited liability company By (SEAL). Printed Name: Title: COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to-wit: The foregoing instrument was acknowledged before me this _day of , 2010, by the , for and on behalf of such company. My commission expires: Notary Public Registration No. Approved as to Form: Approved as to Execution: Assistant City Attorney Assistant City Attorney 4 pJ: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of August, 2010. No. 38924-081610. AN ORDINANCE approving an Amendment No.2 to a certain Contract for Purchase and Sale of Real Property dated April 27, 2009, as amended by Amendment No.1 dated April 22, 2010, by and between the City of Roanoke, Virginia, (City), and W. E. Muse Station, LP, (Buyer); authorizing the proper City officials to execute such Amendment No.2; 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 such Amendment No.2; and dispensing with the second reading by title of this Ordinance. WHEREAS, the City and Buyer entered into a Contract dated April 27, ,2009, for the Purchase and~ Sale of Real Property (Contract), being the City-owned former YM~~ facility located at 425 Church Avenue, S.W., Roanoke, Virginia 24016 (Tax Map Numbers 1011206, 1011209, and 1011210), as authorized by Ordinance No. 38429- 042009; WHEREAS, the Seller and Buyer entered into an Amendment No.1 to Contract For Purchase and Sale of Real Property dated April 22, 2010, which amended, changed, or modified certain terms and provisions of the Contract, including extending the time for the closing on the purchase of the Property referred to in the Contract, as authorized by Ordinance No. 38782-041910; WHEREAS, the Buyer has requested a further modification of the closing date to extend the time for closing from August 31,2010, to and including December 31, 2010, O-Amendment 2 to YMCA Contract.doc 1 and Buyer has further agreed to provide regular progress report updates to the Seller, all , as more fully described in a letter dated August 16,2010, from the City Manager to this Council and asset forth in the proposed Amendment No.2 attached to such letter; and WHEREAS, City staff recommends that City Council. approve the requested Amendment No.2 and authorize the proper City officials to execute such Amendment No.2. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the requested amendments, changes, or modifications to certain terms and provisions of the Contract dated April 27, 2009, and Amendment No.1 dated April 22, 2010, between the City and the Buyer, as those items are more fully described in the above mentioned City Manager's letter dated August 16, 2010, to this Council and as set forth in the proposed Amendment No.2 attached to such letter. 2. The City Manager is authorized on behalf of the City to execute an Amendment No.2 to the Contract dated April 27, 2009, as amended, providing for amendments, changes, or modifications to the terms and provisions of such Contract, as amended, all as more fully set forth in the above mentioned City Manager's letter to this Council, upon certain terms and conditions as set forth in such letter and the attached . Amendment No. 2 to that letter. Such Amendment No. 2 may also contain any other terms and conditions as the City Manager may deem to be in the best interest of the City and shall be in a form approved by the City Attorney. O-Amendment 2 to YMCA Contract.doc 2 3. The City Manager is further authorized to take such actions and execut~ such documents as may be necessary to provide for the implementation, administration, and enforcement of such Amendment No.2 to the Contract, and of the Contract itself and Amendment No.1 to it. 4. Pursuant to the provisions of Section 12 of the City Charter; the second , \ reading by title of this Ordinance is hereby dispensed with. " ATTEST: M~cr~''1~W O-Amendment 2 to YMCA Contract.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 August 16, 2010 Honorable David A. Bowers, Mayor Honorable David B. Trinkle, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable Raphael E. Ferris, Council Member Honorable Sherman P. Lea, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Dear Mayor Bowers and Members of City Council: Subject: Amendment NO.2 to Contract for Purchase and Sale of Real Property with W. E. Muse Station, LP Background: The City and W.E. Muse Station, LP (Buyer) entered into a Contract for Purchase and Sale of Real Property (Contract), dated April 27, 2009, regarding the City-owned former YMCA facility located at 425 Church Avenue, S.W. (tax map nos. 1011206, 1011209, and 1011210). The Contract, authorized by City Council on April 20, 2009 upon adoption of Ordinance No. 38429-042009, requires the Buyer to undertake renovation of the facility resulting in approximately 16,000 square feet of commercial space on the first floor, 32 or more apartment units for rent on the upper floors, and invest at least $3,400,000 in the project under certain terms and conditions, including a purchase price of $10 paid to the City. The significant conditions and obligations of the Buyer contained in the Contract will survive the real estate closing. Contract Amendment No 1, dated April 22, 2010 was authorized by City Council by Ordinance No. 38728-041910 adopted on April 19, 2010. Amendment No.1, among other things, extended the closing date approximately four months, until August 31,2010. During the extension period granted under Amendment No.1, the Buyer has continued to focus on completion of the Part 1 and Part 2 approvals of the project by the Virginia Department of Historic Resources (DHR) and Federal Department of Interior. This two step approval process is necessary for the syndication and the use of state and federal historic rehabilitation tax credits, which is a part of the Buyer's financing structure for construction of the project. A permanent financing Honorable Mayor and Members of City Council August 16, 2010 Page 2 commitment previously obtained for the project from the Virginia Housing and Development Authority (VHDA) remains in place. Based on communications recently received from DHR, Part 2 of the process has been ongoing, but will not be completed within a timeframe that makes the August 31, 2010, closing date feasible. The attached proposed Amendment No.2 extends the period of time that the real estate closing may occur up to,. and including December 31, 2010, with a requirement of ten (l0) days prior notice to the City before closing. Amendment No. 2 also requires the Buyer to provide to the Assistant City Manager for Community Development written progress reports on the Buyer's due diligence activities on the 15th and 30th days of each month of the extension period, starting on September 15, 2010. All other terms and conditions of the Contract dated April 27, 2009, and Amendment No. 1 dated April 22, 2010, between the parties will remain in full force and effect. Recommended Action: Approve the changes and modifications to the Contract and Amendment No.1 as set forth in the proposed Amendment No.2. Authorize the City Manager to execute an Amendment No. 2 to the Contract, as amended, between the City and W. E. Muse, LP, in a form substantially similar to the one attached, with the form of such Amendment No.2 to be approved by the City Attorney. Authorize the City Manager to take such actions and execute such documents as necessary to implement, administer, and enforce such Amendment No. 2 to the Contract, and of the Contract and Amendment NO.1. ectfully submitted, p.~ Christopher P. Morrill 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 AnthonySmith, Managing Member, W. E. Muse Station, LP CM10-00160 AMENDMENT NO.2 TO CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY This is Amendment No.2 to a certain Contract For Purchase and Sale of Real Property dated April 27, 2009, by and between the City of Roanoke, Virginia, a Virginia municipal corporation (Seller or City), and W. E. Muse Station, LP, a Virginia limited partnership (Buyer) (Amendment No.2). This Amendment No.2 is dated ,2010. WITNESSETH: WHEREAS, the Seller and Buyer entered into a Contract dated April 27, 2009 (Contract), that provided for the Seller to sell and the Buyer to purchase certain real property, including the building located thereon (Building), located at 425 Church Avenue, SW, Roanoke, Virginia 24016, all as more fully described in such Contract and subject to certain terms and conditions as set forth in such Contract; WHEREAS, the Seller and Buyer entered into an Amendment No.1 to Contract For Purchase and Sale of Real Property dated April 22, 2010, which amended, changed, or modified certain terms and provisions of the Contract, including extending the time for the closing on the purchase ofthe property referred to in the Contract; WHEREAS, the Buyer has requested a further modification ofthe closing date to extend the time for closing to and including December 31, 2010, and Buyer has further agreed to provide regular progress report updates to the Seller; and WHEREAS, the Seller and Buyer now wish to reduce to writing the amendments, modifications, and changes to the Contract which have been agreed to by the parties. NOW, THEREFORE, the Seller and the Buyer; in consideration of the promises and obligations contained in the Contract, in Amendment No.1; and in this Amendment No.2, mutually agree as follows: SECTION 1. MODIFICATION OF THE CLOSING DATE TO EXTEND THE TIME FOR CLOSING. Section 3 (C) of the Contract and Section 2 (B) of Amendment No.1 are hereby amended and changed by adding the following sentences thereto: ''Notwithstanding anything else in this Contract and in Amendment No.1, the parties agree that the time period of three hundred sixty-five (365) days referred to in the first sentence of this Section 14 (C) was extended by mutual agreement of the parties for the time period up to and including August 31, 2010, at r,equest of the Buyer. Such time period is hereby further extended to and including December 31, 2010, but there will be no further extensions beyond December 31, 2010, without further action of City Council." -8459490.doc 1 SECTION 2. BUYER'S OBLIGATION TO PROVIDE SELLER WITH WRITTEN PROGRESS REPORTS. Section 4 (B) of the Contract is hereby amended by adding the following paragraph 14 to such Section: "(14) Buyer agrees to and shall provide written progress reports (which may be by email) to the Seller's Assistant City Manager for Community Development on the 15th and 30th days of each month, with the first progress report being due on September 15, 2010. Such progress reports shall provide the Seller with sufficient information regarding the Buyer's outstanding due diligence activities to meet the terms of the Contract and to alert the Seller to any issues, problems, or delays that the Buyer has encountered." \ SECTION 3. CONTINUATION OF THE TERMS AND CONDITIONS OF THE CONTRACT AND AMENDMENT NO.1. All the terms and conditions of the Contract dated April 27, 2009, and Amendment No.1 dated April 22, 2010, together with the promises and obligations contained in this Amendment No.2, shall and they do hereby continue in full force and effect, except and only to the extent as modified above. SIGNATURE PAGE TO FOLLOW -8459490.doc 2 IN WITNESS WHEREOF, Buyer and Seller have executed this Amendment No.2 by their authorized representatives. ATTEST: CITY OF ROANOKE, VIRGINIA City Clerk By Christopher P. Morrill, City Manager WITNESS/ATTEST: W. E. MUSE STATION, LP By Roanoke 1, LLC, General Partner By Anthony Smith, Managing Member Printed Name and Title COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to-wit: The foregoing instrument was acknowledged before me this _day of , 2010, by Christopher P. Morrill, City Manager for the City of Roanoke, for and on behalf of said municipal corporation. Notary Public Registration No. My commission expires: COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to-wit: The foregoing instrument was acknowledged before me this _day of , 2010, by Anthony Smith, Managing Member of Roanoke 1, LLC, General Partner, for and on behalf of W. E. Muse Station, LP. , Notary Public Registration No. My commission expires: Approved as to Form: Approved as to Execution: Assistant City Attorney Assistant City Attorney Authorized by Ordinance No. -8459490.doc 3 pf IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of August, 2010. No. 38925-081610. AN ORDINANCE authorizing the City Manager's issuance and execution of additional Change Orders to the City's Contract with Total Environmental Concepts, Inc. (TEC) for additional work on the former Virginia Scrap Iron and Metal Company Property Soil Remediation Project; 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 Change Orders to the above mentioned Contract, as well as the Contract itself; 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. The City Manager is hereby authorized to issue and execute such additional Change Orders, approved as to form by the City Attorney, to the City's Contract with TEC for additional work that may be needed on the former Virginia Scrap Iron and Metal Company ! Property Soil Remediation Project, up to an additional amount not to exceed $75,000, all as more fully set forth in the City Manager's letter dated August 16,2010, to this Council. 2. The City Manager is further authorized to take such actions and execute such documents as may be necessary to provide for the implementation,' administration, and enforcement of all such Change Orders mentioned above, as well as the Contract itself 3. Pursuant to the provisions of Section 12 ofthe City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: ~h. frJOIM./ City Clerk. O-TEC Change Orders. 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 August 16, 2010 Honorable David A. Bowers, Mayor Honorable David B. Trinkle, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable Raphael E. Ferris, Council Member Honorable Sherman P. Lea, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Dear Mayor Bowers and Members of City Council: Subject: Former Virginia Scrap Iron and Metal Company Property - Contract for Soil Remediation Project - Change Orders Background: The City is using a U.S. Environmental Protection Agency (EPA) Brownfield Cleanup Grant (EPA Grant) to perform soil remediation on property currently owned by The Roanoke Redevelopment and Housing Authority, and known as the former Virginia Scrap Iron and Metal Company property, located at 1620 South Jefferson Street. The EPA Grant allows for up to $240,000 to be spent for soil remediation, soil disposal, sampling, consultant oversight fees, and related work. The soil remediation and disposal part of the Project, after public advertisement and receipt of bids, was awarded to Total Environmental Concepts, Inc. (TEC), in July 2010 in the amount of $153,872. A consultant has also been retained to provide the sampling and consultant oversight services allowed by the EPA Grant. Due to the nature of the remediation work, it will be difficult to determine and anticipate exactly when the full amount of the EPA Grant will be expended. The Office of the City Engineer also anticipates the possibility that unforeseen or unexpected items may arise during the soil remediation work that will require additional changes for the Project in order to take full advantage of the EPA Grant. Accordingly, the Office of the City Engineer recommends that an Honorable Mayor and Members of City Council August 16, 2010 Page 2 ,J additional amount of up to $75,000 be authorized by Council that may be used for additional work that TEC may be authorized to perform for the Project. This additional amount, when combined with the fees for the consultant, should allow the City to receive the full advantage of the EPA Grant. City Council approval is needed because the costs of the changes referred to above exceed the greater of 25% of the original contract amount or $50,000. Therefore, in accordance with the City Charter, Council approval is needed to pay for such additional work through additional change orders to the current contract. Funding of more than $239,000 is available in Account No. 35-615-8103, Brownfield Assess VA Iron FY09, to cover the initial contract and change orders of up to $75,000 as recommended by staff. Recommended Action: Authorize the City Manager to execute additional change orders, approved as to form by the City Attorney, to the City's Contract with Total Environmental Concepts, Inc., provided that the total amount of any such change orders will not exceed an additional $75,000, for additional work that may be needed for the Project as set forth above. Authorize the City Manager to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of the above mentioned Contract, together with any change orders referred to above. Respectfully submitted, ~p.~ Christopher P. Morrill City Manager CPMILEP II m b c: William M. Hackworth, City Attorney Stephanie M. Moon, City Clerk Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Robert K. Bengtson, PE, Director of Public Works Philip C. Schirmer, PE, LS, City Engineer CM10-00161 ~bU IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of August, 2010. No. 38926-081610. \ AN ORDINANCE to transfer funding from Transfer to Schools to Police Patrol Temporary Employee Wages, amending and reordaining certain sections of the 2010-2011 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2010-2011 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Transfer to School Fund Police Patrol Temporary Employee Wages Police Patrql FICA 01-250-9310-9530 01-640-3113-1004 01-640-3113-1120 ( $ 135,000) 125,400 9,600 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~ hJ. h-o&/MJ City Clerk.' . . 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 August 16, 2010 Honorable David A. Bowers, Mayor Honorable David B. Trinkle, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable Raphael E. Ferris, Council Member Honorable Sherman P. Lea, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Dear Mayor Bowers and Members of City Council: Subject: School Crossing Guards Background: The FY 2010-11 Adopted Budget includes an allocation of $68,365,461 for Roanoke City Public Schools. Of this total, funding in the amount of $135,000 was included for the purpose of fully transitioning r~sponsibility for managing the School Crossing Guard activity from the Police Department to Roanoke City Public Schools. Considerations: The School Division has requested that the transition not take place until FY 2011-12 to allow for the use of the current year as a transition year., Because the Police Department will retain responsibility for managing the activity during FY 2010-11, funding must be transferred from the Transfer to Schools to the Police Department budget. Honorable Mayor and Members of City Council August 16, 2010 Page 2 Recommended Action: Adopt the accompanying budget ordinance to transfer funding in the amount of $135,000 from Transfer to School Fund (01-250-9310-9530) to Police Patrol for Temporary Employee Wages - $125,400 (01-640-3113-1004) and FICA - $9,600 (01-640-3113-1120). Respectfully submitted, ~p.~ Christopher P. Morrill City Manager CPM :acm 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 Christopher C. Perkins, Acting Police Chief Curtis Baker, Deputy Superintendent for Operations CM10-00156 2 'Ui I IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of August, 2010. No. 38927-081610. AN ORDINANCE authorizing the proper City officials to execute a Budget Amendment No. 3 to Amended and Supplemented South Jefferson Cooperation Agreement 2 (Budget Amendment No.3) between the City of Roanoke (City) and The City of Roanoke Redevelopment and Housing Authority (RRHA); approving an amended budget for such Budget Amendment No.3; authorizing the City Manager to take such actions and execute . further documents as may be needed to implement and administer such Budget Amendment No.3; and dispensing with the second reading by title of this Ordinance. WHEREAS, by Resolution No. 35248-031901, City Council approved a Redevelopment Plan for the South Jefferson Redevelopment Area (Redevelopment Plan); WHEREAS, the City and RRHA entered into a South Jefferson Cooperation Agreement 2 dated March 19, 2001, a)lthorized by Ordinance No. 35250-031901 (SJC Agreement 2) to provide for RRHA to implement the Redevelopment Plan, and RRHA has proceeded with such implementation; WHEREAS, the City and RRHA entered in to an amendment to the SJC Agreement 2 by an Amended and Supplemented South Jefferson Cooperation Agreement 2 dated March 19, 2004, authorized by Ordinance No. 36645-031504 (Amended Agreement), which extended the term of the original SJC Agreement 2 and the Amended Agreement to March 19, 2009. Such Amended Agreement further provided for an Amended Budget dated March 11, 2004, in order to provide additional funds to RRHA so RRHA could acquire certain additional property pursuant /to the Redevelopment Plan; O-Budget Amendment No, 3-SJC.doc 1 WHEREAS, the City and RRHA entered into Budget Amendment No.1, dated March 8, 2007, to Amended and Supplemented South Jefferson Cooperation Agreement 2, authorized by Ordinance No. 37662-020507 (Budget Amendment No. 1) in order to provide funds to RRHA for the acquisition, relocation, and demolition of certain property in Area 1 of the South Jefferson R:edevelapment Area; WHEREAS, the City and RRHA entered into Budget Amendment No.2, dated June 17, 2008, to Amended and Supplemented South Jefferson Cooperation Agreement 2, authorized by Ordinance No. 38113-060208 (Budget Amendment No.2) providing additional funds to RRHA in order for RRHA to accomplish the goals and objectives of the Redevelopment Plan referred to in the SJC A~eement 2 and the Amended Agreement; WHEREAS, the City and the RRHA entered into a 2009 Extension Amendment, dated March 6, 2009, to Amended and Supplemented South Jefferson Cooperation Agreement 2, authorized by Ordinance No. 38378-030209 (2009 Extension Amendment) which extended the ,term of the SJC Agreement 2 and the Amended Agreement for a period of five years, from March 19,2009, to and including March 18,2014; WHEREAS, in the process of implementing the Redevelopment Plan, the RRHA became involved in condemnation proceedings involving the property of William and Meona Stegall, Tax Map No. 4030212 (Stegall Property). Mediation during the condemnation proceedings resulted in the RRHA and Mr. and Mrs. Stegall reaching an agreement for the RRHA to dismiss the condemnation suit. Once RRHA obtains a court order of dismissal, the RRHA will undertake to acquire the Stegall property in a voluntary transaction; a-Budget Amendment No, 3-SJC.doc 2 WHEREAS, the RRHA''S planned dismissal ofthe condemnation suit and the anticipated voluntary acquisition of the Stegall Property has proceeded to a point where additional funds - need to be provide~ to the RRHA in order for the RRf:IA to continue its activities within the South Jefferson Redevelopment Area, including this anticipated property acquisition, as well as \ related activities such as environmental testing, tenant relocation, demolition, and other related costs, including administrative support fees and costs; and WHEREAS, the funding necessary to accomplish the above items is estimated at $2,572,000, all as set forth in the City Manager's letter dated August 16,2010, to this Council. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the Fourth Amended Budget for the Budget Amendment No.3 as such budget is set forth and attached to the above mentioned City Manager's letter. 2. The City Manager is hereby authorized on behalf of the City to execute a Budget Amendment NO.3 to the Amended and Supplemented South Jefferson Cooperation Agreement 2 that will provide for a Fourth Amended Budget, together with such other terms and conditions as set forth in the above mentioned City Manager's letter and as may be deemed appropriate by the City Manager. Such Budget Amendment No.3 is to be in a form substantially similar to the one attached to the above mentioned letter and be in a form approved by the City Attorney. 3. The City Manager is further authorized to take further actions and execute further documents as may be needed to implement and administer such Budget Amendment No. 3 and the Fourth Amended Budget. a-Budget Amendment No, 3-SJC.doc 3 4. Pursuant ta the provisions of Section 12 of the City Charter, the second reading by title of this Ordinance is hereby dispensed with. ATTEST: ftt./?~ rn. hi ()(M, City Clerk. .. J , I a-Budget Amendment No, 3-SJC.doc 4 ~I IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of August, 2010. No. 38928-081610. AN ORDINANCE to appropriate funding from the Economic and Community Development Reserve and funds received from sale of property for the South Jefferson Redevelopment 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 General Revenue - Acquisition Appropriated from General Revenue - Demolition Appropriated from General Revenue - Relocation Expenses Appropriated from General Revenue - Environmental Testing $ 2,236,689 08-530-9633-9111 08-530-9633-9112 269,447 08-530-9633-9114 45,864 08-530-9633-9127 20,000 08-530-9633-1866 105,221 Revenues South Jefferson Fund Balance Economic and Community Development Reserve - Unappropriated 08-3365 ( 2,466,779) ~ursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. . ATTEST: ~m.rr;Oitrv 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 August 16, 2010 Honorable David A. Bowers, Mayor Honorable David B. Trinkle, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable Raphael E. Ferris, Council Member Honorable Sherman P. Lea, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Dear Mayor Bowers and Members of City Council: Subject: Budget Amendment No.3 to Amended and Supplemented South Jefferson Cooperation Agreement 2 Background: The City of Roanoke Redevelopment and Housing Authority (RRHA) and the City entered into the South Jefferson Cooperation Agreement 2 (SJC Agreement 2) on March 19, 2001, delineating responsibilities and establishing a budget for the purchase, demolition, environmental remediation, etc., of land within the South Jefferson Redevelopment Area in accordance with the approved Redevelopment Plan for that area. The SJC Agreement 2 was amended by the Amended and Supplemented South Jefferson Cooperation Agreement 2 (Amended Agreement) dated March 19, 2004. The Amended Agreement was amended again by means of Budget Amendment NO.1 dated March 8, 2007, and Budget Amendment No.2 dated June 17, 2008. In the process of implementing the Redevelopment Plan, the RRHA became involved in condemnation proceedings involving the property of William and Meona Stegall, Tax Map No. 4030212 (Stegall Property). Mediation held during the condemnation proceedings resulted in the RRHA and Mr. and Mrs. Stegall reaching an agreement for the RRHA to dismiss the condemnation suit. Once RRHA obtains a court order of dismissal, it will then undertake to acquire the Stegall property in a voluntary transaction. The RRHA's planned dismissal of the condemnation suit and the anticipated voluntary acquisition of the Stegall Property has proceeded to a point where additional funds need to be provided to the RRHA in order for the RRHA to continue its activities within the South Jefferson Redevelopment Area, including this anticipated property acquisition, as well as related activities such as environmental testing, tenant relocation, demolition, and other related costs, including administrative support fees and costs. Honorable Mayor and Members of City Council August 16, 2010 pag e 2 The funding necessary to accomplish the above items is estimated at $2,572,000. A proposed Budget Amendment No.3 to the Amended and Supplemented South Jefferson Cooperation Agreement 2, which includes a Fourth Amended Budget, is attached to this letter. Funding for the aforementioned activities is available in the Economic and Community Development Reserve and from revenue derived from the proceeds of sale of property in the South Jefferson Redevelopment Area. Recommended Action: Approve the terms of Budget Amendment No.3 to the Amended and Supplemented South Jefferson Cooperation Agreement 2, including the Fourth Amended Budget attached thereto, as set forth in the attachment to this letter. Adopt the attached budget ordinance appropriating $2,466,779 from the Economic and Community Development Reserve to the South Jefferson Redevelopment Project account (08-530-9633). Establish a revenue estimate in the amount of $105,221 for South Jefferson Redevelopment Revenue from the Sale of Property (08-530-9633-1866), and appropriate funding in the same amount to the project account (08-530-9633). Funding shall be appropriated to line items for property acquisition, demolition, and relocation expenses. Authorize the City Manager to execute Budget Amendment NO.3 to the Amended and Supplemented South Jefferson Cooperation Agreement 2 between the City and RRHA, in a form substantially similar to the one attached, with the form of such Budget Amendment No.3 to be approved by the City Attorney. Authorize the City Manager to take such actions and execute such documents as may be necessary to implement, administer, and enforce such Budget Amendment NO.3 to the Amended and Supplemented South Jefferson Cooperation Agreement 2. ectfully submitted, fJ.~' Christopher P. Morrill City Manager . Attachment c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Director of Management and Budget Glenda J. Edwards, Executive Director, RRHA CM 10-00152 BUDGET AMENDMENT NO.3 TO AMENDED AND SUPPLEMENTED SOUTH JEFFERSON COOPERATION AGREEMENT 2 This is Budget Amendment No.3 to Amended and Supplemented South Jefferson Cooperation Agreement 2 by and between the City of Roanoke, a municipal corporation of the Commonwealth of Virginia (City), and The City of Roanoke Redevelopment and Housing Authority, a political subdivision of the Commonwealth of Virginia (RRHA), and is hereafter referred to as Budget Amendment No.3. This Budget Amendment No.3 is hereby dated ,2010. WHEREAS, the City and RRHA entered into an agreement dated March 19, 2001, and called South Jefferson Cooperation Agreement 2 (SJC Agreement 2), in order to have RRHA be able to accomplish the goals and objectives ofthe Redevelopment Plan referred to in the SJC Agreement 2' , WHEREAS, the City and RRHA entered into an amendment to the SIC Agreement 2 by an Amended and Supplemented South Jefferson Cooperation Agreement 2 dated March 19, 2004 (Amended Agreement), which extended the term of the original SJC Agreement 2 and the Amended Agreement to March 19, 2009. Such Amended Agreement further provided for an Amended Budget dated March 11, 2004, in order to provide additional funds to RRHA so RRHA could acquire certain additional property pursuant to the Redevelopment Plan; WHEREAS, the City approved Budget Amendment No.1, dated March 8, 2007, to Amended and Supplemented South Jefferson Cooperation Agreement 2 (Budget Amendment No.1) providing additional funds to RRHA for the acquisition of property located in Area 1 of the South Jefferson Redevelopment Area; WHEREAS, the City approved Budget Amendment No.2, dated June 17,2008, to Amended and Supplemented South Jefferson Cooperati0n Agreement 2 (Budget Amendment No.2) providing additional funds to RRHA in order for RRHA to accomplish the goals and objectives of the Redevelopment Plan referred to in the SJC Agreement 2 and the Amended Agreement; WHEREAS, the City and the RRHA entered into a 2009 Extension Amendment, dated March 6, 2009, to Amended and Supplemented South Jefferson Cooperation Agreement 2 (2009 Extension Amendment) which extended the term of the SJC Agreement 2 and the Amended Agreement for a period of five years, from March 19,2009, to and including March 18, 2014; WHEREAS, the RRHA has advised the City that, the amounts previously allocated in Budget Amendment No.2 for certain activities of RRHA in the South Jefferson Redevelopment Area need to be increased to permit the RRHA to continue its activities within the South Jefferson Redevelopment Area, including property acquisition, demolition, and other related activities in the entire Redevelopment Area in order for RRHA to accomplish the goals and objectives ofthe Redevelopment Plan referred to in the SJC Agreement 2 and the Amended Agreement; -3303562.doc Page 1 of 4 WHEREAS, RRHA has no funds of its own with which to continue to implement the Redevelopment Plan and, in particular, with which to undertake the activities described above, and the RRHA has requested that the City prqvide for such additional funds for such purposes; and WHEREAS, the City has agreed to provide the additional funds requested by RRHA so that the RRHA can accomplish the goals and objectives ofthe Redevelopment Plan. NOW, THEREFORE, in consideration of the benefits to accrue to the City and its citizens from the realization ofthe goals and objectives ofthe South Jefferson Redevelopment Plan, and of the mutual covenants set forth in the SJC Agreement. 2, the Amended Agreement, in Budget Amendment No.1, in Budget Amendment No.2, the 2009 Extension Amendment, and herein, the City and RRHA agree as follows: SECTION 1. REVISED BUDGET. The City and RRHA agree that the Third Amended Eight-year RRHA Project Budget dated May 28, 2009, set forth in Budget Amendment No.2 as the Third Amended Exhibit 2, is hereby updated and replaced by the Fourth Amended RRHA Project Budget-Cumulative 2001 to March 18, 2014, dated August 16,2010, (Fourth Amended Budget) as set forth in the Fourth Amended Exhibit 2 attached hereto and incorporated herein. Such Fourth Amended Budget and Fourth Amended Exhibit 2 shall be effective as of the date of this Budget Amendment No.3 and is deemed to replace the prior Budgets as of that date. SECTION 2. REFERENCE TO PRIOR BUDGETS. References in the SJC Agreement 2, the Amended Agreement, and in Budget Amendment No.1 to Budget, Amended Budget, Exhibit 2, Amended Exhibit 2, Second Amended Eight-year RRHA Project Budget, Second Amended Exhibit 2, Third Amended Eight-year RRHA Project Budget, Third Amended Exhibit 2, or the 2009 Extension Amendment shall be deemed to include, as appropriate, the Fourth Amended Budget and the Fourth Amended Exhibit 2 referred to above. SECTION 3. CONTINUATION OF TERMS AND CONDITIONS. All of the terms and conditions of the SJC Agreement 2 dated March 19, 2001, the Amended Agreement dated March 19, 2004, Budget Amendment No.1 dated March 8, 2007, Budget Amendment No.2 dated June 17, 2008, and 2009 Extension Amendment dated March 6,2009, shall continue in full force and effect, except as amended and/or supplemented by this Budget Amendment No.3. SIGNATURE PAGE TO FOLLOW -3303562.doc Page 2 of4 IN WITNESS WHEREOF, the parties have executed this Budget Amendment No.3 by their authorized representatives. ATTEST: ' Printed Name and Title WITNESS: Approved as to Form: City Attorney Appropriation and Funds Required for this Contract Certified Director of Finance Date Acct. # Authorized by Ordinance No. CITY OF ROANOKE By Christopher P. Morrill, City Manager THE CITY OF ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY By Glenda Edwards, Executive Director Approved as to Execution: City Attorney Budget Amendment 3-SJC.doc Page 3 of 4 Fourth Amended Exhibit 2 to Budget Amendment No.3 to Amended and Supplemented South Jefferson Cooperation Agreement 2 between the City and RRHA South Jefferson Redevelopment Area Fourth Amended RRHA Project Budget: Cumulative 2001-March 18, 2014 Revised August 16,2010 Acquisition -Area 1 and lA $ 8,978,793 Acquisition -Roanoke City Mills, Inc (RCM)Property $ 8,065,000 Relocation-Area 1 and lA $ 946,803 Acquisition/Relocation additional Properties $ 4,218,109 Appraisals Acquisition Appraisals $ 52,106 Disposition Appraisals $ 20,285 Environmental Testing $ 256,300 Envirorimental Remediation $ 277,631 Consultant Fees $ 590,070 Demolition $ 2,625,9741 Site Clearance $ 0 Direct Administrative Support $ 558,309 Reimbursables $ 18,814 Property Maintenance $ 4,373. Improvements to Initial Site $ 2,000,000 Estimated Development Costs $28,612,567 RRHA Budget Note: The amounts listed for the various line items reflect allowed and approved movement of amounts among such line items that were made by agreement of the parties, but which did not change the overall total budget amount set out in Budget Amendment No.2, plus the addition of the additional amounts needed for this Fourth Amended Budget. ] The additional money added to this designated item is for the anticipated cost of demolition and related costs to be incurred in clearing, excavation and related work in furtherance of the redevelopment of properties in the Redevelopment Area. The City shall make additional amounts for this designated item available to the RRHA in future City budget years as may be needed to enable the RRHA to meet its financial obligations to the purchasers and developers of properties in the Redevelopment Area. -3303562,doc Page 40f4 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 JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk August 18, 2010 Cindy H. Poulton, Clerk Roanoke City School Board Roanoke, Virginia Dear Ms. Poulton: I am enclosing copy of Budget Ordinance No. 38929-081610 appropriating funding from Commonwealth government various educational programs, and amending and reordaining certain sections of the 2010-2011 School Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 16, 2010, and is in full force and effect upon its passage. . Sincerely, ~rn.~ Stephanie M. Moon, CMC City Clerk Enclosure pc: Christopher P. Morrill, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director, Management and Budget Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools ~~ IN THE. COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of August, 2010. No. 38929-081610. AN ORDINANCE to appropriate funding from the Commonwealth government various educational programs, amending and reordaining certain sections of the 2010-2011 School 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 2010-2011 Schaol Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Capital Technology Equipment GED Examiner Social Security GED Testing Materials Office Supplies Testing Fees Supplemental Pay Social Security GED Teacher GED Counselor Clerical Social Security Outreach/Advertising GED Testing Fees Testing Materials Mileage Software/Online Content Contracted Services Revenues State Grant Receipts State Grant Receipts State Grant Receipts State Grant Receipts State Grant Receipts State Grant Receipts 302-170-3000-1160-306E-681 00-4821 0-3-03 302-160-0000-1305-354E-61100-41121-9-07 302-160-0000-1305-354E-61100-42201-9-07 302-160-0000-1305-354E-61100-45584-9-07 302~ 160-0000-1305-354E-611 00-46614-9-07 302-170-3000-1160-315E-61100-45584-9-00 302-11 0-0000-1304-309E-611 00-41129-3-01 302-11 0-0000-1304-309E-611 00-42201-3-01 302-160-0000~ 1305-355E-611 00-41121-9-07 302-160-0000-1305-355E-61100-41123-9-07 302-160-0000-1305-355E-61100-41151-9-07 302-160-0000-1305-355E-61100-42201-9-07 302-160-0000-1305-355E-61100-43361-9-07 302-160-0000-1305-355E-61100-43313-9-07 302-160-0000-1305-355E-61100-45584-9-07 302-160-0000-1305-355E-61100-45551-9-07 302-160-0000-1305-355E-61100-46640-9-07 302-232-0000-1000-363E-62220-43313-2-01 302-000-0000-0000-306E-00000-32252-0-00 302-000-0000-0000-354E-00000-32460-0-00 302-000-0000-0000-315E-00000-32349-0-00 302-000-0000-0000-309E-00000-32418-0-00 302-000-0000-0000-355E-00000-32298-0-00 302-000-0000-0000-363E-00000-32712-0-00 $ 12,303 7,200 551 2,099 150 7,405 24,635 1,885 20,250 4,000 5,000 2,237 8,000 3,510 2,000 350 3,952 990 12,303 10,000 7,405 26,520 49,299 990 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: A~ty). rYJbW \ August 16, 2010 The Honorable David Bowers, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As a result of official School Board action on August 10, 2010, the Board respectfully requests City Council approve the following new appropriations, which impact the Schools' 2010-11 budget: . $12,303.00 for Career and Technical Education Equipment Grant 2010-11 . $10,000.00 for Expanded GED 2010-11 . $7,405.00 for Industry Certification and Licensure Testing 2010-11 . $26,520.00 for Project Graduation Summer Academy 2010-11 . $49,299.00 for Race to GED 2010-11 . $990.00 for Virginia Department of Health Playground Safety Mini Grant 2010-11 The School Board thanks you for your approval of the appropriation requests. Sincerely, ~-*.P~ Ci~d~-H.)poulton, Clerk pc: William M. Hackworth Chris Morrill Ann Shawver David B. Carson Rita D. Bishop Curt Baker Margaret Lindsey Y~n Ha (with details) p: 540-853-2381 f: 540-853-2951 P.O. Box 13145 Roanoke, VA 24031 www.rcps.info ROANOKE CITY PUBLIC SCHOOLS Strong Students. Strong Schools. Strong City. School Board David B. Carson Chairman Jason E. Bingham Vice Chairman Mae G. Huff Annette Lewis Suzanne P. Moore Todd A. Putney Lori E. Vaught Dr. Rita D. Bishop Superintendent Cindy H. Poulton Clerk of the Board CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, SW, Suite 461 PO Box 1220 Roanoke, Virginia 24011-1220 Telephone: (540) 853-2821 Fax: (540) 853-6142 JOHN W, BINGHAM, CPA Assistant Director of Finance ANN H. SHAWVER, CPA Director of Finance . ANDREA F. TRENT Assistant Director of Finance August 16, 2010 Honorable David A. Bowers, Mayor Honorable David B. Trinkle, Vice Mayor Honorable William' D. Bestpitch, Council Member Honorable Raphael E. Ferris, Council Member Honorable Sherman P. Lea, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Dear Mayor Bowers and Members of City Council: Subject: School Board Appropriation Requests As the result of official School Bo.ard action at its August 10th meeting, the Board respectfully requested that City Council appropriate funding as outlined in this report. The 2010-11 Career and Technical Education Equipment grant of $12,303 provides funding for the purchase of approved Career and Technical Education Program .equipment through this state allocation. This program will be fully reimbursed by state funds and will end May 31, 2011. This is a continuing program. The 2010-11 Expanded General Educational Development (GED) program grant of $10,000 will improve accessibility and frequency of GED testing for adults in the Roanoke region. The program is fully reimbursed by state funds and will end May 31, 2011. This is a continuing program. The 2010-11 Industry Certification and Licensure Testing program grant of $7,405 provides funding for the reimbursement of costs associated with student credentialing. Reimbursement is restricted' to industry certification exams, licensure tests or occupational competency assessments that have been approved by the Board of Education for the student-selected verified credit option. The program will be fully reimbursed by state fu~ds and will end May 31, 2011. This is a continuing program. The 2010-11 Project Graduation Summer Academy grant of $26,520 will provide funds for high school instruction for seniors needing verified credits to graduate and for sophomores and juniors who passed a class but failed the associated SOL exam. The program will be fully reimbursed by state funds and will end August 31, 2010. This is a continuing program. Honorable Mayor and Members of Council August 16,2010 Page 2 The 2010-11 Race to GED program grant of $49,299 is the Virginia initiative to provide supplies, tuition, and instructors to increase participation in GED examinations by adults who did not complete high school. The program is reimbursed 100% by state funds and will end May 31, 2011. This is a continuing program. The 2010-11 Virginia Department of Health Playground Safety Mini program grant of $990 will fund training for one teacher at each elementary school through the Playground Supervision Training Course provided by the National Program for Playground Safety. At the end of the training each of the teachers will be certified in playground safety and will provide leadership in playground safety to other teachers at their schools. The program will be fully reimbursed by state funds and will end August 31, 2010. This is a new program. We recommend that you concur with this report of the School Board and adopt the attached budget ordinance to appropriate funding as outlined. Sincerely, ~V~ Ann H. Shawver Director of Finance c: Christopher P. Morrill, City Manager William M. Hackworth, City Attorney Stephanie M. Moon, City Clerk Sherman M. Stovall, Director of Management and Budget Rita D. Bishop, Superintendent, Roanoke City Public Schools Curtis Baker, Deputy Superintendent for Operations, Roanoke City Public Schools CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk August 18, 2010 R. Michael Amyx, Executive Director, Virginia Municipal League P. O. Box 12164 Richmond, Virginia 23241, Dear Mr. Amyx: I am enclosing a copy of Resolution No. 38930-081610 designating the Honorable Anita J. Price, as Voting Delegate and the Honorable Court G. Rosen, as Alternate Voting Delegate for the Annual Business Session and meetings of the Urban Section of the Virginia Municipal League and designating R. Brian Townsend, Assistant City Manager for Community Development, as Staff Assistant for any meetings of the Urban Section of the Virginia Municipal League to be held on Tuesday, October 5,2010 in Hampton, Virginia. The abovereferenced measure was adopted by the Council of the _ City of Roanoke at a regular meeting held on Monday, August 16, 2010. Sincerely, ~ iI7. m ~ ()y\../ Stephanie M.. Moon, CMC - J City Clerk Enclosure pc: The Honorable Anita J. Price, Council Member The Honorable Court G. Rosen, Council Member R. Brian Townsend, Assistant City Manager for Community Development vY'~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of August, 2010. No. 38930-081610~ A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Session and meetings ofthe Urban Section ofthe Virginia Municipal League and designating a Staff Assistant for any meetings of the Urban Section. BE IT RESOLVED by the Council of the City of Roanoke as_follows: 1. For the Annual Business Session of the Virginia Municipal League to be held quring the League's 2010 Annual Conference scheduled for October 3 - 5, 2010, in Hampton, Virginia, and for any meetings of the Urban Section held in conjunction with the Annual Conference of the League, The Honorable Anita Price is hereby designated Voting Delegate, and The Honorable Court Rosen is hereby designated Alternate Voting Delegate. 2. For any meetings ofthe Urban Section ofthe Virginia Municipal League to be held in conjunction with the League's 2010 Annual Conference, R. Brian Townsend shall be designated Staff Assistant. 3. The City Clerk is directed to complete any forms required by the Virginia Municipal . League for designation of Voting Delegate, Alternate Voting Delegate, and Staff Assistant and to forward such forms to the League. ATTEST: fiRL m.iYJowV City Clerk. CERTIFICATION OF VOTING DELEGATE AND ALTERNATE BUSINESS SESSION Virginia Municipal League Annual Conference Hampton, Virginia Tuesday. October 5, 2010 Voting Delegate: Name The Honorable Anita J. Price Title Council Member Locality Roanoke City _~~_~_______________________________________hW______________ Alternate Voting Delegate: Name The Honorable Court G. Rosen Title Council Member Locality Roanoke Ci tv ----------------------------------------------------------- \ Certified by: Name Stephanie M. Moon Title Ci ty Clerk Locality RoanokF> r; +y Return by September 20, 2010 to: Virginia Municipal League P.O. Box 12164 Richmond. Virginia 23241 FAX: (804) 343-3758 ATTACHMENT A CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenhe, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELlA T. WEBB Assistant Deputy City Clerk August 18, 2010 John F. Pendarvis, President and Chief Executive Officer Family Service of Roanoke Valley 360 Campbell Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Pendarvis: I am enclosing copy of Ordinance No. 38931-081610 exempting from real estate property taxation certain property of Family Service. of Roanoke Valley, located at 360 and 366 Campbell Avenue, S. W., 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, August 16, 2010, and is in full force and effect on January 1, 2011, if by such time a copy, duly executed by an authorized officer of Family Service of Roanoke Valley, has been filed with the City Clerk. Sincerely, ~ m. (Y)btMJ Stephanie M. Moon, C~C L City Clerk pc: The Honorable Sherman A. Holland, Commissioner of the Revenue. The Honorable Evelyn W. Powers, City Treasurer Christopher P. Morrill, 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: c1erk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk September 21,2010 CECELlA T. WEBB Assistant DePllty City Clerk The Honorable Sherman A. Holland Commissioner of the Revenue Roanoke, Virginia Dear Mr. Holla'nd and Ms. Powers: The Honorable Evelyn W. Powers City Treasurer Roanoke, Virginia I am attaching an executed copy of Ordinance No. 38931-081610 exempting from real estate taxation certain property owned by the Family Service of Roanoke Valley, located in the City of Roanoke, identified as Official Tax Nos. 1011301 and 1011303, located at 360 and 366 Campbell Avenue, S. W., for pu rposes of assessment and collection, respectively, of the service change established by this ordinance, effective January 1, 2011 . If you have questions, please feel free to call me. Sincerely, ~m. ~.~ Stephanie M. Moon, CMC City Clerk SM M :ew Enclosu re pc: John F. Pendarvis, President and CEO, Family Service of Roanoke Valley, 360 Campbell Avenue, S. W., Roanoke, Virginia 24016 K:\Tax Exempt\Family Service 360 & 366 Campbell approval letter, doc -?-~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of August, 2010. / No. 38931-081610. AN ORDINANCE exempting from real estate property taxation certain property of Family Service of Roanoke Valley, 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 of this ordinance. WHEREAS, Family Service of Roanoke Valley, (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) of the Constitution of Virginia; WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Applicant's petition was held by Council on August 16,2010; 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 Nos. 1011301 and 1011303, commonly known as 360 and 366 Campbell Avenue (the "PI:operty"), 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, as well as a service district charge, which would be applicable to. the Property were the Property not exempt from such taxation, for so long as the K:\Measures\tax exempt family service ofrv 7 10 land,doc Property is exempted from such taxation. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council classifies and designates Family Service of Roanoke Valley, 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 Nos. 1011301 and 1011303, commonly known as 360 and 366 Campbell Avenue, and owned by the Applicant, which property is used exclusively for charitable or benevolent purposes on a non-profit basis; continuance of this exemption shall be contingent on the continued use of the property in accordance with the purposes which the Applicant has designated in this Ordinance. 2. In consideration of Council's adoption of this Ordinance, the Applicant agrees to pay to the City of Roanoke real estate tax levy, 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, as well as a service district charge, 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, 2011, if by such time a copy, duly executed by an authorized officer of the Applicant, has been filed with the City Clerk. 4. The City Clerk is directed to forward an attested copy of this Ordinance, after it is properly executed by the Applicant, to the Commissioner of the Revenue and the City Treasurer for purposes of assessment and collection, respectively, of the service charge established by this Ordinance, and to John F. Pendarvis, CEO and President, and the authorized agent of Family Service of Roanoke Valley. 5. Pursuant to Section 12 of the City Charter, the second reading of this ordinance K:\Measures\tax exempt family service ofrv 7 10 land,doc by title is hereby dispensed with. ATTEST: ~ h1.'16OW City Clerk. ACCEPTED, AGREED TO AND EXECUTED by Family Service of Roanoke Valley, this I STday of ..g~l>1b err ',2010. .. >. ,,\ ,\' \" . I, ',' ,..' ~t ~ /. / .,,/:~ . . -{- Family Service of Roanoke Valley ~J~ By ,~ , ' -J 0 h Yl F- Pen 0..(' y r S es, ~t " CEO Printed Name and Title -, ~ ,-~ ~ '~,' I ~ ~ -:.': (SEAl,) ;_ '_', , ' / , J , . 1,\ "" \ " K:\Measures\tax exempt family service ofrv 7 10 land,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 August 16, 2010 Honorable David A. Bowers, Mayor Honorable David B. Trinkle, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable Raphael E. Ferris, Council Member Honorable Sherman P. Lea, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Dear Mayor Bowers and Members of City Council: Subject: Tax Exemption Request - Family Service of Roanoke Valley Background: Family Service of Roanoke Valley, a Virginia, non-stock, not for profit corporation owns certain real property known as tax map #'s 1011301 and 1011303 located at 360 and 366 Campbell Avenue, SW, Roanoke. The organization desires the property to be designated as exempt from real estate taxes pursuant to the provisions of the Code of Virginia. This property is used as the primary service location for the delivery of the organization's programs that address many of Roanoke's highest priority human service needs. These include reducing teen pregnancy, truancy, substance abuse and other youth problems, child abuse and neglect, family violence, aging, and family strengthening. Last year, 3,947 persons received professional services at or from this location. At present, annual real estate taxes due on the parcels are $18,762 on a total assessed value of $1,576,600. This property is also located in the Downtown Service District, and as such, is assessed an additional $.10 per $100 of assessed value, or $1,577. This service charge is collected by the City and remitted to Downtown Roanoke, Inc. 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, Family Service of Roanoke Valley has provided the necessary information required for applications for exemptions that would take effect January 1, 2011. Honorable Mayor and Members of City Council August 16, 2010 Page 2 As noted above, the assessed value of the real property at 360 and 366 Campbell Avenue is currently $1,576,600 with annual taxes due of $18,762. In lieu of the $18,762, the organization would agree to pay to the City an annual service charge equal to twenty percent of the tax levy on the parcels for as long as the exemption continues. In this case, the service charge amount would be $3,752. . Consequently, the City would be foregoing $15,010 in annual real estate revenue. As previously mentioned, Family Service of Roanoke Valley currently pays an annual, Downtown Service District charge of $1,577 on these properties. If the exemption is granted, the organization will agree to continue paying a Downtown Service District fee; however, it too will be based now only on twenty percent of the fee. In this case, the service district fee would be reduced from $1,577 down to $315. Commissioner of the Revenue, Sherman Holland, has determined that Family Service of Roanoke Valley 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 August 16, 2010, was duly advertised in the Roanoke Times. Recommended Action: Authorize Family Service of Roanoke Valley's exemption from real estate taxation pursuant to Article X, Section 6 (a) 6 of the Constitution of Virginia,' effective January 1, 2011, if the organization agrees to pay the subject service charges on the real estate by that date. Christopher P. Morrill City Manager 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 Mr. John F. Pendarvis, President and CEO, Family Service of Roanoke Valley, 360 Campbell Avenue SW, Roanoke, VA 24016 CM10-00129 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - -- FAMILY SERVICE OF ROANOKE VALLEY 360 CAMPBELL AVENUE, W ROANOKE VA 24016 ....---.-~~~ --- ---------.- , ' City/County of Roanoke, Commonwealth/State of Vif~nia. Sworn and subscribed before me this __~J~_day of AUG 2010. Witness my hand and icial seal. Notary Public NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City, of Roanoke will hold a public hearing'at its regular meeting to be held on August 16; 2010, c-ommencing at 7:00 p,m" in the Council Chambers, 4th Floor, Noel C..Tayior , Municipal Building, 215 Church Avenue, S,W" Roanoke, Virginia, on the question of adoption of an ordinance pursuant'to ~58,1-3651, Code of Virginia (1950), as amended, approving the. request of Family Service of Roanoke Valley for designation of its real property as exempt from taxation. I The assessed value of the applicant's real property located. at 360 and 366 Campbell Avenue, and known as Tax Map Nos, 1011301 and 1011303, is currently $1,576,600,00 and real estate taxes of $18,762,00 were paid in the most recent year, Citizens shall have the . opportunity to be heard and express their opinions on this matter, ' If you are a person with a ,disability who needs accommodations for this public hearing, contact the City Clerk's Office,' 853-2541, by 12:00. noon on Thursday, August 12, 2010, GIVEN under my hand this 2nd day of August, 2010, Stephanie M, Moon, City Clerk, REFERENCE: S0175123 12275540 NPH-Family Service 0 State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: PUBLISHED ON: OS/06 . ,\\\IIII"lt"1 "" ~ ~ LA y. I", ...... ~<:) ........IL?~A.'... .. "S" . . C,I'. - v ' ~ - ":"'Oiip.:,l"l~ '. ~ ...,.,;:,. '" 'e . ... ... ..... ~\Je\..\ '. ~ ... :: ClJ : 7090930 ~ -: -' :/1= .- = .L. : f\'C:.G. ,~,~\"S\O~ :.q: = - ~ . CO,"""" . - - ~ :.. ~~'. S ..Jl:'&,g -:. ~ '../J .' -f$' ... .... '-"- ". .... ~ ...... ,,'':74;0 ...... \)~ <,'" "I"IVVVEAl\\\ "" "'"l1t\\\\ (12275540) TOTAL COST: FILED ON: 177.S4 OS/06/10 --------------------------------------------------+------------------------ Authorized ~ ~ Signature, -~1V-- . Billing Services Representative 2v:Eti~Jd bt,\ ~fltl (~iT. )1~31:1 A1IJ ~ NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council ofthe City of Roanoke will hold a public hearing at its regular meeting to be held on August 16, 2010, 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 958.1-3651, Code of Virginia (1950), as amended, approving the request of Family Service of Roanoke Valley for designation of its real property as exempt from taxation. The assessed value ofthe applicant's real property located at 360 and 366 Campbell Avenue, and known as Tax Map Nos. 1011301 and 1011303, is currently $1,576,600.00 and real estate taxes of$18,762.00 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, August 12,2010. GNEN under my hand this 2ruL day of Al1f';m:t ,2010. Stephanie M. Moon, City Clerk. ". ....f ii. K:\MEASURES\TAX EXEMPT PH NOTICE FAMILY SERVICE OF RV 7 IO,DOC Notice to Publisher: Publish in the Roanoke Times on Friday, August 6, 2010. 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: John Pendarvis President and CEO Family Service of Roanoke Valley 360 Campbell Avenue, S. W. Roanoke, Virginia 24016 (540) 563-5316 K:\NOTICES\2010\AUGUS1\AUGUST 16\NPH-FAMILY SERVICE 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 August 3,2010 Mr. John F. Pendarvis, President and CEO Family Service of Roanoke Valley 360 Campbell Avenue, SW Roanoke, VA 24016 Dear Mr. Pendarvis: The Family Service of Roanoke Valley filed a petition in the City Clerk's Office on May 28, 2010 requesting exemption from taxation on real property located at 360 and 366 Campbell Avenue, SW. The real property is identified as tax map numbers 1011 301 and 1011 303. . 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, August 2, 2010, the Council approved a request of the City Manager to hold,a public hearing on Monday, August 16, 2010, 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 o'f a Council Report dated August 16, 20rO, 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 August 16th 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, t6.rX~)) R. B. Lawhorn, Jr. Budget/Management Analyst Department of Management and Budget Enclosure v-Stephanie M. Moon, City Clerk c: 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 JONATHAN E. CRAFT Deputy City Clerk , STEPHANIEM.MOON,CMC City Clerk CECELlA T. WEBB Assistant Deputy City Clerk June1,2010 Christopher P. Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: 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 May 28, 2010, by Family Service, non-stock, not-for-profjt corporation, requesting exemption from taxation of real property located at 360 and 366 Campbell Avenue, S. 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 il\ Ju Iy 1 st. Petitions forwarded by October 15th will have an' effective date of ,i'" January 1 st. Sincerely, \... ~ 0- I'V]I)~ Stephanie M. Moon, CMd. City Clerk SMM:ew K:\Tax Exempt\Family Service 360 and 366 Campbell 0528 2010,doc Christopher P. Morrill June 1, 2010 Page 2 pc: John F; Pendarvis, President and CEO, Family Service, 360 Campbell Avenue, S. W., Roanoke, 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\Fam'i1y Service 360 and 366 Campbell 0528 2010.doc FAMily. SERviCE STRONG FAMiliES Build STRONG COMMUNiTiES May 27,2010 Stephanie M. Moon, CMC City Clerk City of Roanoke 215 Church Avenue, S.W. , Room 456 Roanoke, VA 24011-1536 Dear Ms. Moon, I am writing on behalf of the Board of Directors of Family Service. We are seeking tax- exempt status for our real property located at 360 and 366 Campbell Ave. SW in downtown Roanoke. As per instructions provided by your office, we are submitting a petition to be considered for tax-exempt status by City Council for the next tax year. Included with our petition is a copy of a determination letter from Sherman A. Holland, Commissioner of the Revenue, that our organization is not already eligible for tax- exempt status by classification or designation. I will be happy to provide you further information or otherwise assist you upon request. I may be contacted by email at: joendarvis@fsrv.org. or by phone or mail at our agency offices. . Sincerely, ~-==/-~ John ~. Pendarvis President and CEO Cc: Whit Ellerman, Chairman of the Board I! A~ ALLIANCE FOl<: CIIll.DRcN {,> FM'JLlE~ 360 Campell Ave. SW, Roanoke, VA 24016 · (540) 563-5316 . Fax (540) 563-5254 5 East Court Street, Suite 204, Rocky Mount, VA 24151 · (540) 483-4223 . (540) 483-0233 www.fsrv.org United Way of Roanoke Valley Partner Agency VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE RE: PETITION FOR EXEMPTION FROM TAXATION OF CERTAIN PROPERTY PURSUANT TO ARTICLE X, SECTION 6(a)(6) OF THE CONSTITUTION OF VIRGINIA TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF ROANOKE: 1. Your Petitioner, Family Service of Roanoke Valley, a Virginia, non-stock, not for profit corporation owns certain real property, located at 360 and 366 Campbell Avenue SW in the City of Roanoke, Virginia, which property is City of Roanoke Tax Map ID # 1011301 and 1011303, with a total assessed value of $1,576,600 and a total of $18,761.52 in real property taxes that were paid or would have been paid in the most recent year, desires to be an organization designated pursuant to the provisions of Sec. 58.1-3651, of the Code of Virginia, as amended, in order that the referenced real property, to be used exclusively for charitable and benevolent purposes by Family Service of Roanoke Valley as its primary service location for the delivery of counseling, youth development and older adult services to Roanoke residents, be exempt from taxation under the provisions of Article X, Section 6 (a)(6) of the Constitution of Virginia so long as your Petitioner is operated not for profit and the property so exempted is used in accordance with the purpose for which the Petitioner is classified. 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 to be tax exempt, for as long as this exemption continues. 3. Your Petitioner, who is located within the Special Downtown Tax 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) of the 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 in August 1972. 2. (Q): Whether a current alcoholic beverage license for serving alcoholic beverages has been issued by the Alcohol Beverage Control Board to such organization for use on such property. (A): Your Petitioner has not been issued an annual alcoholic beverage license by the Virginia ABC Board for serving alcoholic beverages on its property. 3. (Q): Whether any director, officer or employee of the organization has been paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer or employee actually renders. (A): No director, officer, or employee of Family Service of Roanoke Valley is paid compensation in excess of a reasonable allowance for salaries or other personal services actually rendered by such director, officer or employee. Compensation information is disclosed annually on its IRS Form 990 which is available for public inspection. 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): No part of the net earnings of Family Service of Roanoke Valley inures to the benefit of any individual. In 2009, approximately 65% of the service provided by the organization was generated by funds received from donations, contributions, or local, state or federal grants. 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 innovative programs that address many of Roanoke's highest priority human service needs, as identified in local government and private sector needs assessments and planning documents. These include reducing teen pregnancy, truancy, substance abuse and other youth problems, child abuse and neglect, family violence, aging and family strengthening. The agency publishes an annual report each year that provides details and statistics documenting its services. Last year 3,947 local families received services at this location. 2 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): No part of the activities of Family Service of Roanoke Valley involves carrying on propaganda, or otherwise attempting to influence legislation. Family Service of Roanoke Valley does not participate in, or intervene in, any political campaign on behalf of any candidate for public office. 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): Your Petitioner, in its policies as well as its practices, does not discriminate on the basis of religious conviction, race, color, sex or national origin. 8. (Q): Whether there is a significant revenue impact to the locality and its taxpayers of exempting the property. (A): A reduction in local tax revenue from a property tax exemption may be more than offset by increased economic development on the property. Family Service of Roanoke Valley has made investments resulting in significant improvements to a formerly vacant commercial property located in the Central Business District of the City of Roanoke, which is federally designated as an Enterprise Zone. Approximately 20 new jobs have been created since the agency acquired the property in 1999, and it is estimated that as many as 15 more jobs will be created over the next several years as the agency continues to grow. Family Service of Roanoke Valley currently employs 74 persons, with the majority of these in full-time jobs with benefits. Tax-exemption will permit the agency to be more competitive in competing for new program funding from sources outside of the City of Roanoke. The agency has also contributed to the renewal and revitalization of Roanoke's Downtown West business district. 9. (Q): Any other criteria, facts and circumstances, which the governing body deems pertinent to the adoption of such ordinance. (A): YourPetitioner is prepared to provide further information as requested by the governing body. 3 THEREFORE, your Petitioner, Family Service of Roanoke Valley, respectfully requests to the Council of the City of Roanoke that this real or personal property, or both, of your Petitioner be designated exempt from taxation so long as your Petitioner is operated not for profit and the property so exempt is used for the particular purposes of providing a service location for the delivery of counseling, youth development and older adult services to local residents. Respectfully submitted this 27th day of May, 2010. By: ~~~ John F. Pendarvis President and CEO 4 COMMISSIONER OF THE REVENUE CITY OF ROANOKE SHERMAN A. HOLLAND Commissioner GREGORY S. EMERSON Chief Deputy April 5, 2010 Mr. John F. Pendarvis, President and CEO Fanlily Service 360 Campbell Ave., SW Roanoke, VA 24016 Re: Exemption of property located at 360 and 366 Campbell Ave., SW Family Service of Roanoke Valley Tax Map Nos. 1011301 & 1011303 Dear Mr. Pendarvis: We received your letter dated March 31, 2010 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 2009-10 tax year. This property is not eligible for exemption by classification or designation, however, you may contact the City Clerk's Office at 853-2541 for information concerning applying for an exemption for non-profit organizations through City Council. I am forwarding them a copy of this letter as well as a copy of your original letter and enclosures. Should you have any additional questions please do not hesitate to call. Sincerely, ~~ Sherman A. Holland Commissioner of the Revenue SAH/jec Cc: 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 CITY OF R.OANOKE 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 August 18, 2010 Scott F. Easter, Agent ACS Design, LLC 2203 Peters Creek Road Roanoke, Virginia 24017 Dear Mr. Easter: I am enclosing copy of Ordinance No. 38932-081610 rezoning property located at 1717 Peters Creek Road, N. W., Official Tax No. 6380205, from CG, General Commercial District, and R7, Residential Single Family District, to CLS, Commercial Large Site District, subject to the condition that the property be developed in substantial conformity with a development plan prepared by ACS Design, LLC, dated July 14, 2010. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 16, 2010; and isin full force and effect upon its passage. ~. Sincerely, ~ dO) , A'noJMJ Stephanie M. Moon, CMC - ) City Clerk Enclosure Scott F. Easter August 18, 2010 Page 2 pc: DAC, LLC, 515 Ashley Way, Daleville, Virginia 24083 Norma Jean Ardery, 1612 Peters Creek Road, N. W., Roanoke, Virginia 24017 Chopra, LLC, 624 Glebe Road, Arlington, Virginia 22204 W. Stuart and Jean McGuire, 923 Chestnut Mountain Drive, Vinton, Virginia 24179 Peters Creek Station, LLC, 60 West Ridge Lane, Union Hall, Virginia 24176 Melva and Raymond Jennings, 4242 Appleton Avenue, N. W., Roanoke, Virginia 24017 Michael A. Vines, 4236 Appleton Avenue, N. W., Roanoke, Virginia 24017 Everette and Tanyia Jones, 1628 Doqson Road, N. W., Roanoke, Virginia 24017 " Ella Edwards, P. O. Box 12473, Roanoke, Virginia 24025 Cedric and Linda Green, 1614 Dodson Road, N. W., Roanoke, Virginia 24017 . Lee and Juanita Suggs, 1602 Dodson Road, N. W., Roanoke, Virginia 24017 , Branch Management Corporation, 4552 Franklin Road, S. W., Roanoke, Virginia 24014 Christopher P. Morrill, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Susan Lower, Director of Real Estate Valuation Philip Schirmer, City Engineer Martha P. Franklin, Secretary, City Planning Commission I( ~~o ,;:.,:::;:;_:\t~:<',-' . IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of August, 2010. No. 38932-081610. 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 ~he City, subject to a certain condition proffered by the petitioner; and dispensing with the second reading. of this ordinance by title. WHEREAS, Peters Creek Square Development Group has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the property located at 1717 Peters Creek Road, N.W., Official Tax No. 6380205, rezoned from CG, General Commercial District, and R7, Residential Single Family District, to CLS, Commercial Large Site 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 August 16, 2010, 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 City's O-Peters Creek Square Development-rezone with proffer.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 Cityof 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. 6380205 located at 1717 Peters Creek Road, N.W., be, and is hereby rezoned from CG, General Commercial District, and R7, Residential Single Family District, to CLS, Commercial Large Site District, subject to the condition that the property be developed in substantial conformity with a development plan prepared by ACS Design, dated July 14, 2010. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. , Tr-). hr\OtJYv City Clerk. ". ) a-Peters Creek Square Development-rezone with proffer.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 Planning comH~norable David A. Bowers, Mayor Honorable David B. Trinkle, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable Raphael E. Ferris, Council Member Honorable Sherman P. Lea, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member August 16, 2010 Dear Mayor Bowers and Members of City Council: Subject: Request from Peters 9reek Square Development Group to rezone property locat~d at 1717 Peters Creek Road, N.W., Official Tax No. 6380205, from CG, General Commercial District, and R7, Residential Single Family District, to CLS, Commercial Large Site District, subject to the condition that the property be developed in substantial conformity with a development plan prepared by ACS Design, dated 6/14/10, for the purpose of expanding the existing structure and providing an addition91 structure and parking , Planning Commission Recommendation Planning Commission public hearing was held on Thursday, July 15, 2010. Bya vote of 7-0, the Commission recommended approval finding that the application to rezone the subject property to be consistent with Vision 2001-2020, the Peters Creek North Neighborhood Plan, and the City's Zoning Ordinance. The proposed expansion will enable the redevelopment and maximized use of an existing commercial property. R;r:::S~ Angela Penn, Chair City Planning Commission cc: Chris P. Morrill, City Manager R. Brian Townsend, Assistant City Manager William M. Hackworth, City Attorney Applicant Members of City Council Page 2 August 16, 2010 Application Information Request: Rezoning, Conditional Owner: Peters Creek Square Development Group Applicant: Scott F. Easter, PE Authorized Agent: Scott F. Easter, PE City Staff Person: Maribeth B. Mills Site Address/Location: 1717 Peters Creek Road NW Official Tax Nos.: 6380205 Site Area: 4.33 Acres Existing Zoning: CG, Commercial-General District and R-7, Residential Single-Family District Proposed Zoning: CLS, Commercial - Large Site, with Conditions Existing Land Use: Commercial Proposed Land Use: Commercial Neighborhood Plan: Peters Creek North N,eighborhood Plan Specified Future Land Use: Commercial/Single-Family Residential Filing Date: Original Application: June 1, 2010; Amended Application NO.1: June 14, 2010; Amended Application NO.2: July 14,2010 Background In 2008, the applicant purchased and renovated the existing 20,700 square foot building for medical and office use. The U.S. General Services Administration (GSA) is currently seeking a larger space of approximately 50,000 square feet for offices with on-site parking and bus service along a major thoroughfare. To accommodate their needs, the applicant requests a rezoning to permit the construction of a two-story 29,550 square foot addition and a 106-space parking area to the rear of the building. The request also includes a second phase to permit construction of a three-story 19,050 square foot building at the front of the parcel along Peters Creek Road. Condition Proffered by the Applicant The applicant requests that the following proffered condition be adopted as it pertains to Official Tax No. 6380205: 1. The property will be developed in substantial conformity with the ~ development plan prepared by ACS DESIGN, LLC, dated July 14, 2010, a copy of which is attached to this application as Exhibit 3, subject to any changes that may be required by the City during comprehensive development plan review. Members of City Council Page 3 August 16, 2010 Considerations Surroundinq Zoninq and Land Use: Zoning District North CG, Commercial - General District and R-7, Residential Sin le-Famil District South CG, Commercial- General District and R-7, Residential Single-Family District Land Use Shopping center and sin le-famil dwellin s. Personal service establishment and single- famil residential. Single-famil dwellings. Convenience store and vacant lots. East R-7, Residential Single-Famil District West CN, Commercial - Neighborhood District Compliance with the Zoninq and Subdivision Ordinances: The 4.33-acre parcel is split zoned CG, Commercial-General along the Peters Creek Road frontage, and R-7, Residential Single-Family, to the rear. The entire parcel must be zoned with a single designation in order to allow the expansion. The CLS District is most appropriate considering the parcel's size, location, and development. Other zoning considerations are as follows: 1. The CLS district, while permitting larger scale development, limits uses more than the CG district. Thirteen by-right and 2 special exception commercial uses will be precluded by rezoning this parcel to CLS. "Storage building sales" and "exhibition, convention or conference center" are the only uses permitted in the CLS District not currently allowed in the CG District and must be accommodated within the proposed buildings as proffered on the Development Plan if established on this parcel in the future. 2. A 5-foot pedestrian pathway has been proffered from the public sidewalk to the public entrance of both principal buildings in accordance with Section 36.2-314(e) of the City's Zoning Ordinance. 3. Building height has been limited to 45 feet or less as required by Table 314-1 of the City's Zoning Ordinance. This would allow a maximum height of 30 feet for the proposed two-story addition as it abuts a residentially zoned portion of a split-zoned parcel (Official Tax No. 6380206). 4. Site lighting has been limited to 0.5 foot candles at the property line. 5. A type D buffer yard is required to shield the adjoining residential development from the proposed building addition and rear parking area. The ar~a directly abutting the proposed building addition is unable to accommodate this buffer )(ard due to an existing driveway accessing rear loading bays and the dumpster. Therefore, a buffer yard modification has been granted by the Zoning Administrator to allow the buffer yard to be Members of City Council Page 4 August 16, 2010 placed along the rear wall of the proposed addition. The equivalent amount of landscaping required will be installed. 6. The site has 126 existing parking spaces, including 8 handicap spaces. With the proposed two-story addition in Phase I is a 106-space rear parking area, to create a site total of 232 parking spaces. If the GSA occupies the site, a maximum of 233 spaces are permitted. In Phase II, 41 parking spaces will be removed to accommodate the proposed three- story building at the front of the lot for a site total of 191 parking spaces. Even with the increased building square footage, minimum parking requirements can still be met by using the parking reductions for proximity to public transit and the first 4,000 square feet of the building area. 7. The site has a nonconforming freestanding sign along Peters Creek Road that exceeds the maximum height permitted of 25 feet. This sign would be replaced with a smaller sign in compliance with the CLS district. The CLS district permits a maximum of two freestanding signs on lots with 201 to 400 linear feet of lot frontage. A second freestanding sign is proposed. during Phase II in conjunction with the three-story building. Conformity with the Comprehensive Plan and Neiqhborhood Plan: The proposed redevelopment of this underused commercial site fulfills a number of goals and policies of both Vision 2001-2020 and the Peters Creek North Neighborhood Plan. While there is some expansion of the commercial district, the expansion will essentially enable the redevelopment and maximized use of an existing commercial property. Therefore, the effect is preservation of existing neighborhoods and scarce vacant land. The redevelopment will also improve design and visual appearance along a heavily-traveled corridor. The majority of commercial sites along Peters Creek Road are showing signs of age, with deteriorating structures, expansive parking, and high vacancy rates. Both the comprehensive and neighborhood plans encourage redevelopment of these sites with 'showroom' type buildings along the street frontage and parking placed in newly created interior areas (see 'Reuse of Older Commercial Center', page 106, Vision 2001-2020). Both phases bring the site closer to this type of development form. While the first phase increases parking, it also increases building coverage, provides pedestrian connections, and adds street trees. The second phase creates a presence along Peters Creek Road with the addition of a three story building and overall reduction of parking by 41 spaces. The following policies of Vision 2001-2020 are relevant in the consideration of this application: · ED P6. Commercial Development. Roanoke will encourage commercial development in appropriate areas of Roanoke to serve the needs of citizens and visitors. (Note ED A26. Identify underutilized commercial sites and promote revitalization.) Members of City Council Page 5 August 16, 2010 · IN P4. Parking. Roanoke will encourage on-street parking wherever possible and discourage excessive surface parking lots. Off-street parking will be encouraged to the side or rear of buildings. The following policies of the Peters Creek North Neighborhood Plan are relevant in the consideration of this application: · Economic Development: o Encourage redevelopment of vacant and underused commercial property before allowing new commercial zoning. o Encourage good relationships between commercial and residential development through thoughtful site and building design, landscaping, and transitional uses. o Develop new retail and office space on large vacant parking lots. o Orient new commercial development to the street and use shared parking whenever possible. . 0 Encourage more office development in commercial areas. Conformity with the Vision 2001-2020 Design Principles: Oesi n Principle: Maximize site development through reduced parking spaces, increased lot coverage, and parcels developed along street frontages. Parking lots should have multiple vehicular entrances that are clearly marked and attractively landscaped. Parking lots should have trees located in the interior of the site and along street frontages. Visual clutter and excessive lighting should be discouraged. Signs sh.ould be consolidated and attractively designed. Off-street parking should be located at the side or rear of buildings. Application's Conformity: Phase II of the proposed redevelopment provides the minimum required parking in favor of increased building coverage along Peters Creek Road. The front fac;ade of the proposed three-story building would consist of 15% glazing, window and door openings that are aligned horizontally and vertically, and have an entrance with a sidewalk connection to the existin ublic sidewalk; The existing vehicular entrances would be retained and are better defined through landscaping. New landscaped parking medians within the parking area and five small deciduous street trees would also be added (large deciduous trees are not feasible due to overhead utilit lines). Light levels would be limited to 0.5 foot candles at the property lines. An additional freestanding sign has been proposed for the Peters Creek Road street fronta e. The new parking area would be located to the rear of the site while 41 existing arkin s aces would be removed Members of City Council Page 6 August 16, 2010 during phase II for the construction of a three story building along Peters Creek Road. Outside Aaency Comments: A traffic study was submitted to the City's Traffic Engineer, Hong Liu. This study determined that the existing left turn lane on Peters Creek Road is adequate for storage. However, the taper needs improvement. Public Comments: None. Plannina Commission Public Hearina: The following comments and questions were posed by the Planning Commission at their May 15, 2010 public hearing. 1. Mr. Scholz asked if there was a potential tenant for the Phase II building. The applicant responded that there was not at this point, but anticipated that additional office space in close proximity to the GSA offices would be desirable. 2. Mr. Williams wanted to ensure that the proposed building in Phase II would address Peters Creek Road with glazing and an entrance so that it did not appear to be the rear of the building. Staff responded that the, development plan did require window and door openings to account for 15 of the fa<;ade facing Peters Creek Road. 3. Mr. Williams asked why the light poles in the front parking area were 35 feet in height, while the light poles in the rear parking area were 25 feet in height. The applicant responded that the light poles in the front parking area are currently in place, while the light poles in the rear parking area or stored on site, would be new. He went on to say that the 25 foot poles would eventually be obscured from the adjoining residence's view by the buffer yard landscaping. 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:IJuly 14,2010 Submittal Number:: IAmended Application No..~ o Rezoning. Not Otherwise Listed ~ Rezoning. Conditional o Rezoning to Planned Unit Development p 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: Official Tax No(s).: 16380205 Existing Base Zoning: (If mu~iple zones. please manually enter all districts.) Ordinance No(s). for Existing Conditions (If applicable): ] o With Conditions ' ~ Without Conditions Proposed Land Use: I Mixed Use Commercial Phone Number: I 562-2345 I I E-Mail: Iseaster@acsdesignllc.com Phone Number: I 562-2345 I I. E-Mail: Iseaster@acsdesignllc.com Phone Number: I 562-2345 I J E-Mail: Iseaster@acsdesignllc.com Exhibit 1 Narrative PETERS CREEK SQUARE ADDITION NARRATIVE The subject property falls within the Peters Creek North Neighborhood Plait. This area of the City has mostly older commercial strip development. The buildings in these developments are pushed well back from the adjacent roadway and parking located in front of the buildings. These strip developments have easy access for residents and there are a variety of retail establishments in the area. In this area, there is a proliferation of vacant deteriorating commercial buildings, which can be problematic to the perceptions of travelers and residents. Negative perceptions and empty deteriorated buildings and parking lots have been a detriment this area. The reuse or recycling of vacant facilities will prevent the need for taking existing neighborhoods for future developments. Very few offices or employment centers are located in this area of the City. Peters Creek Square is an older strip development that had fallen in disrepair and was in desperate need of a face lift. Peters Creek Square Development Group bought the property and renovated it into medical and office space in 2008. The current tenants in this building are the Federal GSA and United Home Health Medical (Durable Medical Equipment Office). The Federal GSA has expressed a deSire to stay in the facility. However, their needs have changed and additional space is needed. It is our understanding that the Federal GSA will be soliciting requests for proposals for a facility within the City's limits With 50,000 SF of space or more, adequate parking, bus route and on' a major thoroughfare. It is our belief that there may not be another facility meeting these requirements and thus Peters Creek Square would be a likely candidate, keeping the GSA within the City of Roanoke. Therefore, in preparation of this solicitation we need to move forward with this rezoning to ensure we can pleet with their needs. Note that the property was recently combined into one parcel, with split zoning and that with the property being interior to streets and roads there is limited potential use for it within the R-7 district. The rezoning proposal plans to utilize and add onto an existing facility as well as construct a new building and provide additional parking in the rear of the existing building. The proposed rezoning includes two phases. Phase 1 includes a t\\:'o story addition located on the left side of the existing facility, totaling 29,550 square feet. The existing building will remain a one story 20,700 SF building. The total proposed 50,250 SF is the proposoo ultimate for this building. Phase 2 includes an additional freestanding three story building totaling 19,050 square feet located between the existip.g building and Peters Creek Road. . Each floor of the Phase 2 building will h,ave 6,350 square feet. Some of the existing parking in front of the existing building will be removed and relocated to the rear of the existing building to accommodate the Phase 2 building. The existing freestanding sign currently on the property is proposed to' be removed. Two smaller more appropriate freestanding signs will be put in its place. Phase 1 includes a total of 126 existing parking spaces (including eight existing handicap spaces) that will remain in the front of the building. In this phase the rear portion of the " l lot will developed solely for a parking area and landscaping. The number of new parking spaces to be constructed in this area will be 106. The rear parking area will be accessed by an extension of the existing drive isle to the right of the existing building. There will be a five foot sidewalk adjacent to the l>uilding also. The drive isle and sidewalk will extend to the rear parking area, Visitors parking in the rear will access the building via the sidewalk previously noted beside the drive isle and also an elevated catwalk on the other end of the parking area that will extend and connect to the second floor level corridor of the addition. This will enhance pedestrian safety in the immediate area while improving n?n-motorized transportation and circulation in the neighborhood. Phase 2 includes a total of 81 existin,g parking spaces (including eight existing handicap spaces) that will remain between the existing building and the proposed three story building. In this area 41 existing spaces were deleted to accommodate the proposed three-story building. The number of new parking spaces to be constructed will be 110 (106 in the rear parking area). The maximum height of both the addition (Phase 1) and the proposed building (Phase 2) is 45 feet or less as required by Table 314-1 of the City of Roanoke's Zoning Ordinance. A potential use for this facility may be government offices. The maximum parking for this type of use broken down by phase is as follows; Phase 1; 167 spaces are required based on Phase 1 building square footage of 50,250 and the required 300 square foot per space as required by the City Ordinance. The' maximum parking pe.nnitted in Phase 1 is 140% of the parking required which would be 233 spaces. Phase 2 is broken down as follows. Using the Phase 2 building square footage of 69,300 and the required 300 square feet per space as required by City Ordinance, the number of spaces required is 23"1 spaces. Using the pe.nnitted reduction for proximity to public transit reduces the parking required by 80% of thetotal spaces required (231) equaling 185 spaces required. The maximum pe.nnitted parking would then be 140% of this value or 259 spaces. In addition to Phases 1 arid 2 as outlined above, 0.030 acre of property will qe dedicated for public street right of way. The 0.030 acre is located adjacent to Peters Creek Road (See Exhibit 5 for details). Existing infrastructure is in place to support this development This development will ensure that stonn water runoff will be handled by utilizing a combination of stonn water detention and stonn water quality best management practices including Underground stonn water detention, stonn water filtration and point. sour<?C best management interception and treatment infrastructure. Stonn water design will reflect appropriate design prot()cols and practices as dictated by the City of Roanoke Stonn Water Management Design manual. This approach will reduce the stonn water run-ot! and improve stonn water quality. . The renovation work recently perfonned has improved the overall appearance of the neighborhood. The appearance can only be enhanced with this new proposal as well as providing additional jQb opportunities for City residents. ~, The exterior treatments of both phases will be similar to the existing exterior of the newly renovated Peters Creek Square located at 1717 Peters Creek Road. (See Exhibit 3). This proposal is compatible with the surrounding commercial uses in the area. The CLS, Commercial Large Site District proposal provides just as adequate a transition form the more intense commercial uses to the single family uses as does the current zoning designation. The design proposal is within the density limits and regulations set forth in the CLS, Commercial Large Site District and would not pose undue burden on any public service area. The proposal would increase the City tax base ahd stimulate the economy by providing additional real estate taxes for collection and much needed jobs in a down turned economy. In the immediate area, there are a number of available commercial sites for rent or lease but none in the area provides for 50,000 square foot of space. This proposal would provide both available space and office space to infill into a well established commercial area that fronts a major through-fare within the City of Roanoke. Also, this area of the City is in much need of face lift to be competitive with other similar areas of the City. The proposal is to rezone from CG, ComI!lercial General/R-7, Residential Single Family to CLS, Commercial Large Site District. The adjoining property zoning designations are CG, Commercial General District and R-7, Residential Single Family to the north and south, and R-7 Residential Single Family to the east. The CLS zone as proposed allows the existing use to be expanded while not introducjng a more intensive use that would be of detriment to the adjoining residential property. The CLS zoning district will be compatible with the CG zoned parcels and the uses within. 3 Exhibit 2 Proffer Statement Proffered Condition to be Adopted The applicant hereby requests that the following condition be ADOPTED as it pertains to Official Tax No. 6380205: 1. The property will be developed in substantial conformity with the development plan prepared by ACS DESIGN, LLC, dated July 14,2010, a copy of which is attached to this application as Exhibit 3, subject to any changes that may be required by the City during comprehensive development plan review. \.... Exhibit 3 Development Plan I "'NI9HIA '3)10NVOH ::10 AlI~ 3HVnt>S )l33H~ SH313d r ." . . HO::l NV1d lN3Wd013A30 I'1I ~II llill I I .~ !~C> ~- i~L" 'I '.' i~ I~I " e ~ III -" i I~ ~I - - .. . t t1 Illh iii" )"" - kJJ - ~fJli . --"",;jl. '11 . ~~ }~ -'....~... '.'~ j e:'i.............. -....;.. -. ... . '" ~ II I,J " j Iii. d , ~' Iii III lee ~ dr il I!I !.. 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" Exhibit 5 Metes and Bounds Description and Plat Exhibits !r'WWr~9~~'@1JJ~.~~ les DESIGN DESCRIPTION OF THE EAST PART OF TAX MAP NUMBER'6380205 TO BE REZONED FROM CG/R7 TO CLS BEGINNING at an iron pin located on the east side of Peters Creek Roadt NW, being a common corner to Lot B-IA, "Plat of Subdivision made for Peters Creek Square Development GrouPt LLC (Map Book 1 t Page 3467), and thence with the south side of Parcel B-2 S. 88035'34H E. 114.22 feet to point number 2; thence with the east side of Parcel B-2 N. 01014'54" E. 148.03 feet to point number 3; on the line of Peters Creek Station, LLC property; thence with the same N. 89008'40tt E. 286.27 feet to noint number 4; on the line of Peters Creek Stationt LLC propertYt thence with the same S. 0l028t15H W. ,100.00 to point number 5; on the line of Peters Creek Station, LLC propertYt thence with the same N. 87048'54t, E. 16.81 feet to point number 6; thence leaving Peters Creek Station, LLC with the line of Block 3 Revised Map of West View Terrace (plat Book 4t Page lOt Roanoke County), thence with the same N. 88011 '49t, E. 242.00 feet to point -number 7; thence with the east side of Block 3 Revised Map of West View Terrace (plat Book 4, Page 10, Roanoke County)t thence with the same S. 02043t5Tt W. 260.26 feet to point number 8; on the line ofW. Stuart & Jean Dt McGuire property; thence with the same N. 87024'27" W. 442.34 feet to point number 9; S. 64044' 12t, W. 125.16 feet to point number 10; N. 89008'36" W. 110.90 feet to point number 11; thence on the east side of Peters Creek Road leaving the McGuire property on the curve Arc 217.89 feett Radius 1882.06 feet, Delta 06038'00t\ Tangent 109.07 feet, Chord N. 04047'15tt E't 217 feet to point number 12; N. 01028t15" E. 16.97 feet to the BEGINNING, containing 4.~31Acres Total, and being more particularly shown on "Plat of Combination for Peters Creek Square Development GrouPt LLC" by ACS DESIGNt dated March 26t 2009. 2203 Peters Creek Road, NW 13399 Booker T. Washington Highway ENGINEERING Roanoke, Virginia 2~ 17 Hardy, Virginia 24101 PLANNING PHONE: (540) 562-2345 FAX: (540) 562-2344 PHONE: (540) 719-2345 FAX: (540) 719-2344 SURVEYING CONSTRUCTION MANAGEMENT I '~,. ~ .~ ~ .... It; ~ ~ "/<fill( 01 I I i ;1 ~~I~~ I I ~I ~ ii gl~~l{ ~ i hi ~~~~~il' i ~h~l~ Il~!a ~ ;~ ~i ~~ IUi~ ~ ~ i l: )I~;im i ~; ~ ~i ai~~~ ; I~ I ~i ~!ii! ~ I ~,i ~ i I i ~ I ~ ! S I ~ ~ ~ ~ : ~. i ~ ~ ~ ~ 6 ~ ~ ; 5 5~, ~ @ ~ ! ~ ; ~ ;; I I I I ~ I ; I I I i II I I I I i ~ ~ ~ . - . ~ ~ ~ a ~ = ~ ~ I ~ ,~ ~ cS ltll I ~ I~ ~ gl i I ~;:5 -It! 's= . ....1- i. ~ cl. ~1.,.!Ii ~ ~ ~ l$ .'0,," '~ lIlQ - IIh:t: ~ll "'~ t;a lIl!Q'3 ~~~ ; ~ ~~ U'I ~ ~;~ .~ ~ ...100..1.1. I!. li~gsg, ~ l '= !~ U ~o !~ i " ~li! ~ I I..~ ..~ 8~ d~' ... I~ I~ ~~B i~O ~iJ I ~ e !i . I;~ I I g~i~ ~ ~~. !~III~ - -- /' - -"'", Ih~ --- "- ~e I ~!~e~ ~~~~.,~ / \ / \ i ~.~ ~ fililiR ~~~I (bl I ~~ \ I ~~ \ ! I t . ~ ..~ I I a~1 i 2~11~ I~~ ~; i i~ J ~Vi J \ \ / 5 ls ~i~b I i, ~ I ~ I ~'~I ! i / & " " / '" .....--- I 5"11 ~gl;I~lle oil .....--- e I r r i :.; Sii~a~ ..~II ~~ ~ " I () ~ii .. '" I .~ f ::I ::I ~~ ~ ~t Q;" ~"61 ~I~ alr :. I ~ 5 ~ i IU:I iil~i~ I I H I . JJ !b ). ~dl~ ira~ ~i ~ ~,. ; la!l!i i ~~~; i~ r ~ i~~ ,. ~ 01; ~ II! I ~ liJi ~!il.li, I I I; b2J ~iIlrllll~11 ~ S~~: o!~~ ,a! ~ i i 1:15 I:r IA c.D- . ii- ~ ~lli! ~i~~ ~5i ~ ~ ~il~ II ~i !II II .'11 a : I ~ ~t:lrl,. ~l::lrl" _='1 I i ilC ~ ~o ~iS:el! lrlr ..ll .. ..ll .. Exhibit 6 Location Map ~.i IVIClP VUlPUl Page 1 of I http://gis.roanokeva.gov/servletlcom.esri .esrimap.Esrimap?ServiceN ame=rnke&C1ient V ersi... 6/1/2010 Exhibit 7 Adjoining Property Owners List 6380229 Branch Management Group 4552 Franklin Road SW Roanoke, VA 24014 6380206 Peters Creek Station, LLC 60 Westridge Lane Union Hall, VA 24176 6380210 Melva & Raymond Jennings 4242 Appleton Ave. NW Roanoke, VA 24017 6380211 Michael A. Vines 4236 Appleton Ave. NW Roanoke, VA 24017 6380213 Everette & Tanyia Jones 1628 Dodson Rd. NW Roanoke, VA 24017 6380214 Ella Edwards P.O Box 12473 Roanoke, V A 24025 6380215 Cedric & Linda Green 1614 Dodson Road NW Roanoke, VA 24017 6380216 Lee Jr. 8i Juanita Suggs 1602 Dodson Road NW .Roanoke, VA 24017 6380203 Stuart & Jean McGuire 923 Chestnut Mtn. Drive Vinton, VA 24179 6120418 & 6120443X DAC LLC 515 Ashley Way Daleville, V A 24083 6120512 CHOPRA LLC 624 S. Glebe Road Arlington, VA 22204 } Exhibit 8 Buffer Yard Modification MEMO DATE: July 15, 2010 TO: File FROM: Ian Shaw, Zoning Administrator SUBJECT: Revised application of buffer yard for additional at Peters Creek Square, located at 1717 Peters Creek Road, N.W., further identified as Tax Map Number 6380205, hereinafter referred to as the subject property An initial alternative buffer yard for the subject property was approved by the Zoning Administrator on June 18, 2010 (Attachment 1). This initial alternative provided for the required buffer yard in an easement on an adjacent parcel (Tax Map No. 6380206). Although acceptable to the Zoning Administrator an actual agreement for the easement could not be reached with adjacent property owner. As such, a revised alternative buffer yard has been proposed for a portion of a side yard of the proposed Peters Creek Square development/expansion. This alternative buffer yard provides for a 12.5 foot wide buffer with vegetation, etc. as noted on the attached figure (Attachment 2) locate.d against the proposed building addition rather than a Category D Buffer Yard along the side yard. The proposed buffer yard will contain the same vegetation (evergreen shrubs and trees as required by Category D Buffer Yard). In review of a proposed addition to the building on the subject property, regarding the applicability of a buffer yard, I find the following: . (l) Pursuant to Sec. 36.2-641 (b), when a development plan is submitted to expand an existing building, the requirements of the landscaping division of the zoning ordinance apply to the portions of the site that are affected by the proposed improvements. Therefore, a buffer yard requirement applies to the portion of the site affected by the proposed addi.~ion to the building on the subject property. (2) While the portion of the subject property affected by the proposed addition abuts a residential district, the area of the subject property abutting the residentially zoned land is developed with an existing paved drive aisle within the area of any required buffer yard. This drive is located on both the subject parcel and on the adjoining parcel within an access easement. This circumstance is a nonconforming characteristic which may continue. The existing driveway, which is to remain as part of the proposal for the addition, prevents the establishment of a buffer yard on the subject property beginning at the applicable side property line to a depth of 20 feet. (3) The residentially zoned land adjoining the portion of the subject property affected by the proposed addition ,is part of a split zoned parcel (Tax Map Number 6380206 which is split zoned CG andR-7). The residentially zoned portion of Tax Map Number 6380206 which abuts the proposed development on the subject property is approximately 25 feet wide by 96 feet long and is a "flag" configuration projecting from the main portion of Tax Map Number 6380206. The narrowness of this portion of land would, for all practi<:al purposes, preclude any residential development of the property under its current configuration. (4) Pursuant to Sec. 36.2-647(c), where buffer yards are required, they shall be applie~ along side and, rear lot lines: , '. _. (5) Pursuant to Sec 36.2-642(g), the Zoning Administrator may approve alternative landscaping, screening or buff~r yards if certain circumstances exist on the development site, including a situation where "the screening and landscaping required for a required buffer would be ineffective because of the proposed topography of the site or the location of the improvements on the site." The key elements of the findings above are as follows: · There is an existing improvement located within an existing access easement withinthe required buffer yard area. · The portion of the subject property which<is proposed for re-development (addition) abuts 'a split-zoned parcel which is developed commercially, with the residentially zoned portion which abuts the proposed development area being of a configuration and size that would make residential development impractical. , · The subject prop~rty and the abuttingtax parcel (Tax MapNumber6380206) are tied together functionally by means of an existing driveway tothe,pul:!li<: right-at-way, which driveway is located within, an access easemept and whifh portion ot the driveway on the subject property precludes 'the installation of the buffer yard on the subject propertY. · Peters Creek Square has made a good-faith effort to establish a buffer yard in an expanded easement on the adjacent parcel that would have screened the proposed addition and the existing driveway. Based on the findings as they applytothe attached propQsal, it is the determination of the Zoning Administrator that the location of the bufferyard adjCicent tQ,the proposed building addition meets the int~nt and purpose of the application C?fbuffer yards, in effect screenillg the new development on the commercially developed property from adjoining reSidentially ;zoned and developed properties, provided 'such.puffer yard is established in substantial conformity with the provided figure (Attachment 2). ATTACHMENT 1: Zoning Administrator determination of originally proposed alternative buffer yard. . ATTACHMENT 2: Proposal for Alternative Buffer Yard for Portion of Peters Creek Square Addition - Submitted bye-mail on July 14, 2010. . DEPARTMENT OF PLANNING BUILDING AND DEVELOPMENT MEMO TO FILE From: Nancy C. Snodgrass, Zoning Administrator Date: June 18,2010 Application of buffer yard for addition at Peters Creek Square, located at Subject: 1717 Peters Creek Road, N.W., further identified as Tax Map Number 6380205, hereinafter referred to as the subject property In review of a proposed addition to the building on the subject property, regarding the applicability of a buffer yard, I find the following: (1) Pursuant to Sec. 36.2-641 (b), when a development plan is submitted to expand an existing building, the requirements of the landscaping division of the zoning ordinance apply to the portions of the site that are affected by the proposed improvements. Therefore, a buffer yard requirement applies to the portion of the site affected by the proposed addition to the building on the subject property. (2) While the portion of the subject property affected by the proposed addition abuts a residential district. the area of the subject property abutting the residentially zoned land is developed with an existing paved drive aisle within the area of any required buffer yard. This circumstance is a nonconforming characteristic which may continue. The existing driveway, which is to remain as part of the proposal for the addition. prevents the establishment of a buffer yard on the subject property beginning at the applicable side property line to a depth of 20 feet. (3) The residentially zoned land adjoining the portion of the subject property affected by the proposed additi9n is part of a split zoned parcel (Tax Map Number 6380206 which is split zoned CG and R-7). The residentially zoned portion of Tax Map Number 6380206 which abuts the proposed development on the subject property is approximately 25 feet wide by 96 feet long and is a "flag" configuration projecting from the main portion of Tax Map Number 6380206. The narrowness of this portion of land would, for all practical purposes, preclude any residential development of the property under its current configuration. (4) Pursuant to Sec. 36.2-647(c). where buffer yards are required. they shall be applied along side and rear lot lines. The key elements of the findings above are as follows: · There is an existing improvement within the required buffer yard area; · The portion of the subject property which is proposed for re"-development (addition) abuts a split-zoned parcel which is developed commercially, with the residentially zoned portion which abuts the proposed development area being of a configuration and size that would make residential development impractical. · The subject property and the abutting tax parcel (Tax Map Number 638020f)) are tied together functionally by means of an existing driveway to the public right-ot- way, which driveway is located within an access easement and which portion ot the driveway on the subject property precludes the installation ot the buffer yard on the subject property. Based on the findings as they apply to the attached proposal, it is the determination of the Zoning Administrator that the location of the buffer yard within an easement on Tax Map Number 6380206 along the applicable side lot line of the subject property meets the intent and purpose of the application of buffer yards, in effect screening the commercially developed property from adjoining residentially zoned and developed properties, provided such buffer yard is platted on Tax Map Number 6380206 as a buffer yard easement for Tax Map Number 6380205 (the subject property). ATTACHMENT: Proposal for Buffer Yard for Peters Creek Square Addition; June 17, 2010 II I 0 I 1 II -..... ~I --- Cl I '" II --- < > '" t:: ~ III I olS Q III .ti C 0.. .1 ai~s ~ ~O" b =1 ~:a .... I~l o~"'.. Cl s.J~ n '" ,,-<;zll I < O>o..N ;.- ~iil~ it: ~ 1ll::E~ '8 II ... .... ~ 5 ~ II Cl 0.. ... - '" . ~ I~ II .... b' i .... II ~ ... . 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"'>lil a ~ ~ '" l-a ~ i 1i 'go ~ z..~...o ----= -- -- - - - -'iBW,~r ~, I=':J' Q~ ~~ >-- 3t; t;~ .~~ ~g 2>~ <<m I1.N 8 ~ " loa . I! i ~ loa ); -tel ~-, gQ .[. f8~ ....,.. Jj ~ ~ :.. u'<3 s .. 'is!:! "O.;:j ~ ~ '13 .co ~8~t Z~~lXl co "~ o "' It pIllUl .K'Ott tM . . . . . . . . ..:;:1 .:'\ ~ The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times --------------------------------------------------+------------------------ -- --..,::--.-. . ., .,..',. City/County of Roanoke, Commonwealth/State of virglnia. Sworn and subscribed before me this __~~day of AUG 2010. Witness my hand and official seal. Notary Public NOTICE OF PUBLIC ,.' HEARING i Th~ Council of the City of I Roanoke will hold a public I hearing on Monday, August I 16, 2010, at 7,:00 p.m" or I as soon thereafter as the I matter may be heard, in the I Council Chamber, fourth, : floor, in the Noel C, Taylor Municipal Building, 215 I Church Avenue, S,W., , Roanoke, Virginia, to I consider the following: Request from Peters Creek Square Development Group to rezone property located at 1717 Peters , Creek Road, N,W., Official Tax No, 6380205, from CG, General Commercial District, and R7, Residential Single Family District, to CLS, Commercial Large Site ; District, su bject to the condition that the property be developedin substantial conformity with a development plan prepared by ACS Design, dated July 14, 2010, for the purpose of expanding the existing structure and providing an additional structure and parking for commercial uses, The comprehensive plan designates the property for commercial and single-family residential u.ses with no density specified, and the proposed general usage of the property under the proposed amendment is commercial with a floor area ratio of up to 1,0. A copy of the application is available for review in the O'ffice 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 oil the,matter,. If you are a , person with a disability who' rieeds'accoinmodations for: this hearing, please contact; the City Clerk's Office, at I 853-2541, before noon on , the Thursday before the date of the hearing listed , above, GIVEN ~nder my hand this I 28th day of July, 2010, Stephanie M, Moon, CMC City Clerk. i \ (12268571) PETERS CREEK SQUARE DEVELOP. G 2203 PETERS CREEK ROAD, NW ROANOKE VA 24017 REFERENCE: 80174489 12268571 NPH-Peters,Creek Squ 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: 07/30 08/06 \\\11111',,/ .." OY A /'/ ,\ ~ I A " ,'^~' ........""""1 L~', , ~r., . r;. , ~... <Q.... NOTARY". ~ ~ ~ *: PUBLIC ... "t- -:. ~ ' R . - = : EG. #7090930: = ~ ~:. MY COMMISSION : * = -4" ~I :_... -:.~.. I ..~~ ,.. ... .. ~ " .' ~.. .. "A"IA. '. .' r~'.. ','I/Iy, , . , ,., ~'Q " '" C4LTH O~ ~ \" ," \\ ""1111\\\ TOTAL COST: FILED ON: 474.24 08/06/10 --------------------------------------------------+------------------------ Authorized ~ ~ 1JJ{~lA ,~;/A A Signature'__~~----{~jf~-' Billing Services Representative 2t';Etl~ld EJ3 ::ntl01& ;\;~31J HD (fr:5 NOTICE OF PUBLIC HEARING The Council ofthe City of Roanoke will hold a public hearing on Monday, August 16,2010, 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 Peters Creek Square Development Group to rezone property located at 1717 Peters Creek Road, N.W., Official Tax No. 6380205, from CG, General Commercial District, and R7, Residential Single Family District, to CLS, Commercial Large Site District, subject to the condition that the property be developed in substantial conformity with a development plan prepared by ACS Design, dated July 14, 2010, for the purpose of expanding the existing structure and providing an additional structure and parking for commercial uses. The comprehensive plan designates the property for commercial and single-family residential uses with no density specified, and the proposed general usage ofthe property under the proposed amendment is commercial with a floor area ratio of up to 1.0. 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 o~the hearing listed above. GIVEN under my hand this 28twayof July ,2010. Stephanie M. Moon, CMC City Clerk. ..: Peters Creek Square Development-rezone with prolTer.doc Notice to Publisher: Publish in the Roanoke Times on Friday, July 30, 2010 and Friday, August 6, 2010. ( 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: Scott F. Easter 2203 Peters Creek Road Roanoke, Virginia 24017 (540) 562-2345 NPH-Peters Creek Square Development-rezone with proffer.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 JONATHAN E. CRAFT Deputy City Clerk July 29, 2010 CECELIA T. WEBB Assistant Deputy City Clerk Scott F. Easter ACS Design, LLC 2203 Peters Creek Road Roanoke, Virginia 24017 , Dear Mr. Easter: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, August 16,2010, 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 Peters Creek Square Development Group to rezone property located at 1717 Peters Creek Road, N. W., fromCG, General Commercial District, and R7, Residential Single Family District, to CLS, Commercial Large Site District, subject to the condition that the property be developed in substantial conformity with a development plan prepared by ACS Design, dated July 14, 2010, for the purpose of expanding the existing structure and providing an additional structure and parking for commercial uses. The comprehensive plan designates the property for commercial and single-family residential uses with no density specified, and the proposed general usage of the property under the proposed amendment is commercial with a floor area ratio of up to 1.0. 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 August 16th public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, , 0,. S ephanie M. Moon, CM~ 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 '.. JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk July 28, 2010 CECELIA T. WEBB Assistant Deputy City Clerk DAC, LLC Chopra, LLC Peters Creek Station, LLC MichaelA. Vines Ella Edwards Lee and Juanita Suggs Norma Jean Ardery W. Stuart and Jean McGuire Melva Jennings and Raymond Jennings Everette and Tonia Jones Cedric and Linda Green Branch Management Corporation Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, August 16, 2010, 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 Peters Creek Square Development Group to rezone property located at 1717 Peters Creek Road, N. W., from CG, General Commercial Gistrict, and R7, Residential Single Family District, to CLS, Commercial Large Site District, subject to the condition that the property be developed in substantial conformity with a development plan prepared by ACS Design, dated July 14, 2010, for the purpose of expanding the existing structure and providing an additional structure and parking for commercial uses. The comprehensive plan designates the property for commercial and single-family residential uses with no density specified, and the proposed general usage of the property under the proposed amendment is commercial with a floor area ratio of up to 1.0. 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. I SMM:ctw ~~. i REZONING REQUEST Peters Creek Square Development Group, 1717 Peters Creek Road, N.W., Tax No. 6380205, from CG and R7 to CLS, with conditions ) )AFFIDA VIT ) 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 2nd day of July, 2010, notices of a public hearing to be held on the 15th day of July, 2010, on the request captioned above to the owner or agent of the parcels as set out below: Mailinq Address Tax No. Owner 6120443x DAC LLC 6120418 515 Ashley Way Daleville, VA 24083 6120511 Norma Jean Ardery 1612 Peters Creek Road, NW Roanoke, VA 24017 6120512 Chopra, LLC 624 S. Glebe Road Arlington, VA 22204 6380203 W. Stuart and Jean McGuire, 923 Chestnut Mountain Drive Vinton, VA 24179 6380206 Peters Creek Station, LLC 60 West Ridge Lane Union Hall, VA 24176 6380210 Melva Jennings Raymond Jennings 4242 Appleton Avenue, NW Roanoke, VA 24016 6380211 Michael A. Vines 4236 Appleton Avenue, NW Roanoke, VA 24017 6380213 Everette and Tanyia Jones 1628 Oodson Road, NW Roanoke, VA 24017 6380214 Ella Edwards POBox 12473 Roanoke, VA 24025 .. \' ~~~ Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 2nd day of July, 2010. ~~(~~ otary Public My Commission Expires: .;t( ;2.'&\ -:LO \I REBECCA JO COCKRAM NOTARY PUBLIC Commonwealth of Virginia ~eg. #1?6135 28 ~i( My Q,01'!1l''Qisslon Ex IrQ8. (. 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 August 18, 2010 Martha F. Franklin Roanoke City Planning Commission Roanoke, Virginia Dear Ms. Franklin: I am attaching copy of Ordinance No. 38933-081610 approving the Melrose- Rugby Neighborhood Plan dated July 15, 2010, as amended, and amending Vision 2001-2020, the City's Comprehensive Plan, to include the Melrose-Rugby Neighborhood Plan, dated July 15, 2010. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 16, 2010; and is in full force and effect upon its passage. Sincerely, ~~'rrr Stephanie M. Moon, CMC City Clerk Attachment pc: Christopher P. Morrill, City Manager William M. Hackworth, City Attorney ,..0, 0 '7 \ iO~ '6\'\ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of August, 2010. No. 38933-081610. AN ORDINANCE amending Vision 2001-2020, the City's Comprehensive Plan, by deleting the Melrose-Rugby Neighqorhood Plan adopted June 18,2001, and replacing it with the Melrose-Rugby Neighborhood Plan dated July 15, 2010, as amended at the public hearing on July 15, 2010; and dispensing with the second reading by title of this ordinance, WHEREAS, on June 18, 2001, City Council amended Vision 2001-2020, the City's Comprehensive Plan, by adopting the Melrose-Rugby Neighborhood Plan by Resolution No, 35434-061801; WHEREAS, a Melrose-Rugby Neighborhood Plan dated July 15, 2010, was presented to the Planning Commission on July 15, 2010; WHEREAS, the Planning Commission held a public hearing on July 15, 2010, and recommended amending Vision 2001-2020, the City's Comprehensive Plan, by deleting the Melrose-Rugby Neighborhood Plan adopted on June 18,'2001, and replacing it with the Melrose-Rugby Neighborhood Plan dated July 15, 2010, as amended at the public hearing on July 15, 2010; and , WHEREAS, in accordance with the provisions of 9152-2204, Code of Virginia (1950), as amended, a public hearing was held before this Council on August 16, 2010, on the proposed amendment to Vision 2001-2020, the City's Comprehensive Plan, at which hearing ~ll citizens so desiring were given an opportunity to be heard and to present their views on such amendment O-Amend Vision 200] -2020-Melrose-Rugby Plan.doc 1 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1, That the Melrose-Rugby Neighborhood Plan, adopted by City Council on June 18,2001, by Resolution No, 35434-061801, is deleted from Vision 2001-2020, the City's Comprehensive Plan, 2, That this Council hereby approves the Melrose-Rugby Neighborhood Plan dated July 15, 2010, as amended at the public hearing on July 15, 2010, and amends Vision 2001-2020, the City's Comprehensive Plan, to include the Melrose-Rugby Neighborhood Plan dated July 15, 2010, as amended at the public hearing on July l5, 2010, as an element thereof 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 9 l2 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: f;.t;-L (Y). m~ City Clerk .) a-Amend Vision 2001 -2020-Melrose-Rugby Plan.doc 2 CITY OF ROANOKE PLANNING B'UILDING 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 August 16, 2010 Honorable David A. Bowers, Mayor Honorable David B. Trinkle, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable Raphael E. Ferris, Council Member Honorable Sherman P. Lea, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, 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 Melrose-Rugby Neighborhood Plan, adopted by City Council on June 18, 2001, from Vision 2001-2020, and to include in Vision 2001-2020, the Melrose-Rugby Neighborhood Plan, dated July 15, 2010. Planning Commission Recommendation: Planning Commission public hearing was held on Thursday, July 15, 2010. By a vote of 7-0, the Commission recommended the amendment of Vision 2001-2020 to include the Melrose Rugby Neighborhood Plan. Background: The current Melrose-Rugby Neighborhood Plan was adopted in 2001, prior to the adoption of Vision 2001-2020, the City's current comprehensive plan. This will replace that plan as a component of Vision 2001-2020. Three public meetings were held in 2009-10 to gather public input. Public input combined with the policies of Vision 2001- 2020 are the basis for the recommendations in this plan. The Melrose-Rugby Neighborhood Forum was heavily involved in the development and review of the plan. The current Melrose-Rugby Neighborhood Plan was used for reference and some information was copied from that plan. While significant changes have been implemented per the recommendations of that plan, several of the issues remain the same as well. Melrose-Rugby is bound by Lafayette Boulevard to the west, the Heritage Acres subdivision off of Andrews Road to the north, 10th Street to the east, and on the south by Melrose and Orange Avenues (Route 460 West), a major four-lane arterial street Members of City Council' August 16, 2010 Page 2 subdivision off of Andrews Road to the north, 10th Street to the east, and on the south by Melrose and Orange Avenues (Route 460 West), a major four-lane arterial street with a mix of commercial and residential properties. Planninq Commission Discussion: Frederick Gusler, Senior City Planner, said that both the Melrose Rugby and Loudon Melrose plans shared a common boundary and both contained language relative to the newly opened fire station that needed to be updated. Mr. Williams stated his concern about the wording of parks and recreation priority initiative. He said that the plan needed to be explicit that a new recreation building should be accessible to neighborhood children, by walking or biking, and that the services from existing rec centers be offered at any new centers. There was discussion between staff and the Commission c:lbout this issue, as well as the recommendations in the Parks and Recreation Master Plan. Mr. Williams said that he wanted to see the statement amended to make it "explicit to add to existing services the idea of connectivity, walkability, and bikeability for children to get to any new rec center." Mr. Chrisman questioned whether the wording should be under the Transportation section of the plan and stated he would like to see that wording for all municipal facilities. Staff discussed the future land use map and noted a change on the map at Andrews Road and 19th Street was now calling for higher density development. He also noted that an area of vacant land along 1-581 is identified as a "Future Planning Area." Mr. Williams commented that the 10th Street highway plan calls for 2 lanes, not 3 as set out in the Melrose Rugby plan, and the plans also call for several turn lanes (locations undecided), curb, gutter and sidewalk, and bike lanes. He said that the street design guidelines call for street trees and he felt that should be in the neighborhood plan. Mr. Gusler said there was a village center at Cove Road and Lafayette Boulevard and that staff was aware that the entire length of Cove Road was something that would need to be addressed in the future. He said that the area was not very pedestrian friendly. He also discussed the Valley View interchange project, and the potential for it to be paired with a connector route, possibly into the neighborhood. Mr. Williams questioned whether the completion of the interchange to allow people coming out of Valley view to exit to the north, and the connector route were paired as far as the City was concerned. Mr. Gusler said they were two different projects, but the proposal in the long range Members of City Council August 16, 2010 Page 3 transportation update was the connector route. He said the interchange had existed in VDOT's plans for some time. He said that they were referred to as one project because the impact of both projects would be cumulative to the neighborhood. Mr. Williams said that the impact of the interchange would not have an impact on the neighborhood. He questioned whether it was wise to hold that piece hostage to any connector work since the merchants at Valley View had been clamoring for the interchange. Mr. Gusler discussed the various infrastructure needs in the Melrose Rugby area, including connectivity to the Lick Run Greenway by a crossover, instead of a bridge. Mr. Williams commented on the village centers mentioned in the plan and said he thought it would be wise when talking about economic development policies on page 26 to call out the village center areas and specifically spell out some of the things that could be done to promote village center development or set forth policies that could provide catalysts for economic development in those locations. Considerations: During the workshops several positive features of the area were cited that need to be maintained: . Proud homeowners and may different housing styles. . Good public services, including the parks and the new Roanoke Academy of Mathematics and Science. . Good public services . The Neighborhood Design District . Residential zoning . A good neighborhood organization, Melrose-Rugby, Inc. During the workshops several issues were cited that need to be improved: . recurring property maintenance code violations, too many boarded up properties . Need more sidewalks, curb and gutter . Storm water issues . Stone pillars on 10th Street and Gargoyles on 11th Street need to be maintained . Lack of alley maintenance To address these issues, the plan has the following Priority Initiatives: Members of City Council August 16, 2010 Page 4 . Code Enforcement: Continue the Rental Inspection Program (RIP) and emphasize regular code enforcement action to reduce nuisance violations. . Transportation: Per the Key Transportation Nodes map, evaluate existing and potential connections in and around the neighborhood to determine long-term traffic patterns and improvements. . Zoning and Land Use: Per the Future Land Use map, maintain the current residential and commercial zoning districts. . Parks and Recreation: Ensure that the existing services of Eureka Park are equaled or improved in a new recreation center, if one is built. Maintain the existing services at Eureka Park Community Center if not. . Federal Grant Funds: Consider the north side of Orange and Melrose Avenues in Melrose-Rugby in conjunction with the Loudon-Melrose neighborhood as a potential focus area for future Housing and Urban Development grant funds. . Bicycle/Pedestrian Amenities: Evaluate potential pathways and infrastructure improvements to increase opportunities to walk and bike, with particular emphasis on connections to the Lick Run Greenway. Respectfully submitted, ~;Z."-- Angela Penn, Chair City Planning Commission cc: Chris Morrill, City Manager R. Brian Townsend, Assistant City Manager William M. Hackworth, City Attorney IN THE PLANNING COMMISSION OF THE CITY OF ROANOKE, VIRGINIA , This 15th day of July, 2010 A RESOLUTION recommending the adoption of the Melrose-Rugby Neighborhood Plan as an element of the City's Comprehensive Plan. WHEREAS, a series of community workshops were held in the Melrose-Rugby 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 Melrose-Rugby 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 public hearing was held on July 15, 2010, 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 Melrose-Rugby Neighborhood Plan, dated July 15, 2010, 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: ~~ Chairman \ Melrose-Rugby Neighborhood Plan Update Draft July 1 5, 201 0 I ntrod uction Melrose-Rugby is one of Roanoke's 'streetcar suburbs,' a neighborhood that developed after the Melrose streetcar line was established in 1890. It has experienced a few significant transitions in its history. At its core remains a single-family neighborhood with a relatively high proportion of homeowners and long-time residents. Melrose-Rugby is bound by Lafayette B()l:Jl Acres subdivision off of Andrews Roa east, and on the south by Melros a major four-lane arterial stree properties. Aside from its edges, and quiet, with many 01 foursquar situated along hilly stree any stree views. ~~an population is "iJiI bl! '"J'~y changes that impacted entury. In the 1950s and 60s, ms forced many African-American ood and older Northeast area of he "'K starte to comply with state and federal "4t3''W')::''i;~ se f~~s led to demographic shifts in the City, many African-American families moving into Perhaps at the' least, he silver lining to the loss of community in Gainsboro could be considered the sense of community that developed and has been maintained since in Melrose-Rugby. Many families living in the neighborhood have been there throughout these transitions, and the Melrose-Rugby Neighborhood Forum has reinforced the community spirit and identity of the neighborhood over the years. 1 Although it is a healthy and stable neighborhood, it faces some of the same challenges as many of Roanoke's older neighborhoods. Its challenges lie on the edges of the neighborhood where it is impacted by arterial and collector streets that get high volumes of t~affic. The first Melrsose-Rugby Neighborhood Plan was adopted by City Council in 2001 prior to the adoption of Vision 2001-2020, the city's comprehensive plan. This update will repla~~ ',hat plan as a component of Vision 2001-2020. This updated plan is ed due to the progress that has been made since the original pIa ,~?*~pted, the time that has elapsed since then, and an expandEf ogra~p11li.~ area. Priority I n itiatives tion Nodes map, evaluate existing q the neighborhood to determine 'ents. r th "Wture Land Use map,maintain the current I zoning districts. Parks and Recrea sure that the existing services of Eureka Park are equaled or improve If a new recreation center is built and that children can safely walk or bike to it. Maintain the existing services at Eureka Park Community Center if a new center is not built to serve the neighborhood. Federal Grant Funds: Consider the north side of Orange and Melrose Avenues in Melrose-Rugby in conjunction with the Loudon-Melrose' ,2: f neighborhood as a potential focus area for future Housing and Urban Development grant funds. Bicycle/Pedestrian Amenities: Evaluate potential pathways and infrastructure improvements to increase opportunities to walk and bike, with particular emphasis on connections to the Lick Run Greenway. In 2001 City ted the first Melrose-Rugby Neighborh09d Plan. In 2008, with a ighborhood plans for each neighborhood in the City consistent with /sion 2001-2020, Planning staff began to update the older plans, with Melrose-Rugby one ofthe"first identified. Public meetings were held at the Roanoke Academy for Mathematics and Science in 2009. The public input from those meetings, combined with the policies of the previous Melrose-Rugby Neighborhood Plan and Vision 2001-2020, form the foundation for the recommendations of this plan. ~~. Since City Council adopted the first Melrose-Rugby Neighborhood Plan in 2001, numerous goals have been achieved. For that reason, and simply due to its age, the '2001 plan has become obsolete. An implementation table from that plan is included in the Implementation chapter of this plan with a column added to show the status of each item that was recommended. Overall, a sig ant n Rugby Neighbor; there remain areas The 2001 plan included four priority recom · Establishing the first Neighborhoo design of infill houses. . Changing the zoning for low concentration of future c commercial areas. · Providing for a complete sYS~'~*$~of ~t.~.~~ . Targeting code e ,ment effd . ndations: Ign District for improved d. The latter two items bee ,,~de. The ,* r 'l44jns an update of curb, well as priority areas this plan . improved in the neighborhood "forcement'remains a priority for doptio of the first plan' the staff has been fficiency. er of recommendations of the 2001 Melrose- rihave been implemented. At the same time, need. and some of the issues remain the same. Neighborhood Organizatio~, _, The Melrose-Rugby Neighborhood Forum, Inc. fs one of the City's most active neighborhood associations. The organization has earned numerous achievement awards for its work. 4; It was one of the first Roanoke neighborhood organlzations to take part in National Night Out, an annual event that highlights neighborhoods and promotes safety and community spirit. It also started the Virginia Neighborhood Statewide Conference and will be hosting the conference in 2010. It has won a "Physical Revitalization" award from Neighborhoods USA (NUSA) for renovation work done by volunteers in the neighborhood. Unlike most neighborhood organizations Neigh'borhood Forum owns the buildi organization purchased a house 0 for a community center where' held. Several times a year the 0 at the center to raise funds. ng-time president, Estelle t Poverty's "community" ar in 2008. Me n51 f eighborhood that bridges the City's early more recen u growth. It's southern edge, closest to , downtow, atures tr ..;.tiona eighborhood design and a typical grid street patter rther~ h into the neighborhood are streets that curve away and devia e traditional grid. The hOUSing styles of these areas reflect their ith primarily two-story American foursquare and cottage style houses in the south, and one-story ranch style and bungalow style houses in the north. Throughout the interior of the neighborhood, all of the streets have two lanes, most with curb, gutter and sidewalk. The neighborhood is bordered by one arterial, two collectors, and one local street; Lafayette Boulevard on the west, Tenth Street to the east, Andrews Road and the ~; Heritage Acres subdivision on the north, and Orange Avenue and Melrose Avenue to the south. These streets provide the main points of access for neighborhood residents, and see considerable through traffic. One of the neighborhood's most popular features is its parks. There are three parks including the only facility in the City that was originally built as a recreation center, Eureka Park. In addition to the parks within the neighborhood, Brown-Robertson Park is on th Street along the neighborhood's eastern edge and is conn to the neighborhood by the Lick Run Greenway. Although the iderable green space, many streets lack trees. The relatively few commercial establishments in the neighborhood are located on the neighborhood's edges on highly traveled streets. There are some scattered 'pocket commercial' establishments on 10th Street, Rugby Boulevard, Orange and Melrose Avenues. Lafayette Boulevard has a concentration of businesses, including a small village center.at its intersection with Cove Road. This area is fairly well-traveled. Streetscape enhancements could improve its appearance and pedestrian safety. 6 Melrose and Orange Avenues converge on the neighborhood's southern edge as part of U.S. Route 460, which is a major arterial street that has very high volumes of traffic in some segments. Much of Orange Avenue is . lined with commercial development. However, it is predominantly residential along the segments in Melrose-Rugby. In 1987, the segment in Melrose-Rugby was rezoned for general commercial use, but was returned !o primarily residential zoning in 2,' due to the lack of commercial development and the abund f vacant commercial lots and structures elsewhere. Kennedy Park and the Roanoke right in the core of the neighbb ' provides substantial green space a neighborhood. atics and Science is o acres and IIdren in the od ects a balance betwee n ,,~#ould like to see and the area. Tl1is map will be used as a od whenever zoning ordinance I posed. Large 'c open sp vf/Jl s 0 ~~. be retained and enhanced, and appropria tural buf rs to Lick Run should be established and maintained. onin anges made in 2005 when the City adopted its . current zoning 0' should remain in place. The core residential area is slated to re n residential with single-family housing the predominant use. One small change is proposed for a portion of the Heritage Acres (see Residential Development chapter) subdivision. Several properties fronting on Andrews Road are identified on the future land use map for higher density residential development. "7 Vacant Land to the North of the Neighborhood North of Heritage Acres and south of Interstate 581 there are over 103 acres of land that are mostly vacant. The only exceptions are a~ingle- family house off Andrews Road and a City-owned detention pond. Collectively, these tracts present one of the largest, if not the largest, sites of relatively level, vacant land in the City. While this land is comprised of several different parcels with w different owners, the proximity of it warrants that it should b "0. idered as a whole. Consolidation of all these properties ideal for any future development. It should be noted h .er, t is plan does not provide the City with any means or inte facilitate acq :sition or transfer of these properties. nection will almost certainly facilitate t land to the north of the neighborhood. Vision 2001-2020 states nsportation and land use .will be integrated to promote compact urban development and reduce the frequency and length of automobile trips. Bicycle facilities and pedestrian improvements will be a fundame.ntal ,part of land use and transportation planning." The potential of this land should be maximized if it is developed. Crucial to any development on this site will be street designs and connections. Designs that limit access or create additional barriers to the surrounding 8 neighborhoods are not conducive to building and maintaining a sense of community. Valley View Mall was designed for traffic to flow in and out from 1-581 and Hershberger Road, while the neighborhoods adjoining it were separated by fencing. In recent years, neighbors have requested more direct access to Valley View Boulevar. Streets should be interconnected in a system designed for local traffic that allows vehicles to pass through, but on t lower speeds. It may not be possible to design a traditional grid Q on this land; therefore bisecting curvilinear streets may offer: '.~~{%: al development potential. Roundabouts or traffic circles wouh:nta 0 be i~'~J~,,!n creating traffic patterns that discourage speedind excessi~~" rough traffic. In addition, entrances and exits in e site should d rage vehicular speeding into the surrounding nei ~tborh the '~ndaries of Melrose-Rugby it is important engaged in the future of this land and potential . View Boulevard. There will be an additional .uss potential options for this land in the future. All of the surroundlneighborhoods, Melrose-Rugby, Fairland, and Washington Park, will be invited and encouraged to participate in this process. in so eas, more open space can this t .~~t, and any design should ~'.".."".".Wk. ''l;&;'~ e~.:,\~.<j\.green space. One ~ ps into and complements ~ II housing clusters combined and ent could create a village At the time of the planning process, there have been no official requests of the City to rezone this property for development. However, it is certain that any substantial development of the vacant land north of the neighborhood will require a rezoning and public hearing process. 9 Historic Preservation During the public workshops, residents voiced concern over a couple of the neighbqrhood's historic landmarks; the stone pillars and wall at the entrance to Rugby Boulevard off 10th Street, and the gargoyles at 11 th Street. City transportation staff does not work on projects like these, although both are in the pu~lic right-of-way and are thus the City's responsibility. A neighborhood developmen ant should be pursued by the Melrose-Rugby Neighborhood Foru gh the City's Neighborhood Services office to hire ,led stone mason to repair these landmarks. If such a grant is " ficie his project should be considered through a larger Co nity Develo nt Block Grant (CDBG) application. Melrose ~bY is pri'i1y a ,.,.jghborhood of owner-occupied, single- family dwell~, . Eight 0 percent (82%) of the housing units are single-family, w;)l:' he city's rate of 62%. Sixty-seven percent (67%) are owner-occupie ich is also above the city's rate. Most of the houses in Melrose~Rugby reflect the character of the homes found in Roanoke's older neighborhoods. The American Foursquare and Cottage styles are the common'types of housing in the southern part of the neighborhood. The northwestern part of Melrose -Rugby is more suburban. Here, split-levels and one-story ranch style homes are common. Some infill development has occurred on vacant lots in the 10 older sections of Melrose-Rugby. Most infill housing is modern duplexes and small single-family homes. The incompatible design and poor construction quality common of new infill houses was a problem in the past as they detracted from the architectural character of the original homes. The adoption of the Neighborhood Design District (NOD) in 2002 was due largely to the request of neighborhood homeowners. The · 0 regulations are based on the neighborhood's housing styles, and t quire new architectural designs to be compatible with the neo,' d. Each building plan that is submitted must be approved pe DO .,J~~IiQes prior to any building permits being issued. I Clition to th~ '. ,in 2008 the City Planning Commission endorse Residential Pat e Book for the City of Roanoke. This document is a re, c fo esidents home builders to identify the housing ftv. in differ hborhoods, the specific design features that each . s "t~on off Andrews Road' eadem athematics and Science. The deve:<<d the property in the early . ffle development. At the time of the . e site s identified for potential industrial Mel '~-:-Rugby Neighborhood Plan identified it ed-use development. This plan recommends iginal intention with single-family housing. ting on Andrews Road is identified on the future houses or multifamily development. Allowing for higher density housing, e.g. townhomes or apartments, on this portion of Andrews Road will not detract from the single-family character of the surrounding neighborhood. Andrews Road is fairly well traveled and this style of housing is suitable and would expand the diversity of housing options. Developing more units on the site is an 1) environmentally more responsible use of the land, while also making the entire site more financially viable. Development of this site with market-rate housing will further the goals of the City's Strategic Housing Plan by providing new housing options in the neighborhood and increasing the diversity of housing options. djoinat Orange Avenue, which is one of the property maintenance. Future consideration ssing this corridor between the two neighborhoods. A c prehensive approach to this corridor would also entail the stre~ts,that are parallel to Orange Avenue on bot~ sides. Hence, such an approach would involve two neighborhoods at the same time, while addressing the most problematic areas for each of them. nd Housing Opportunities from the Federal An alternative or additional approach to focusing grant funds would be the Lafayette Boulevard and Cove Road village center corridor, extending 12 to Heritage Acres. This would combine streetscape improvements in the village center with housing development on its outskirts. Economic Development Melrose-Rugby shares the common concerns of other neighborhoods in that its residents need access to more and er employment opportunities. Within the neighborhoo' , there are few jobs. As previously noted, Melrose-Rugby has erci~1 establishments within its boundaries. There are ,L~"commer ,.'Ji;lservices on its edges that are valuable to the neighb od. concentr1f~i~1J1S exist on Melrose , 'A. Avenue and the intersection of L ., ette Boulevard an" ove Road. Maint~ining th,ese estab~'\;~ents an, ,~/ commerc al occupied provides conve' ", vt:.;:, for the orhood and I City's economy. ,phy, land use and '11& em r0,~ rthe industrial en have in their backyard. There s over the years, but such issues . n a significant portion of the Commercia d use e~~r.oachment can become an issue in any neighborhoodJl1mercial properties abut residences. Melrose- Rugby has little h of such problems. The future land use map serves as the guide for any potential land use changes. Village Center Development Vision 2001-2020 promotes the village center concept; small neighborhood commercial services surrounded by residential development within a neighborhood. While there is commercial development on the edges of Melrose-Rugby, there is essentially one 13 village center that serves the neighborhood; the commercial entities at Lafayette Bou levard and Cove Road. This intersection features a gas station/convenience store, two restaurants, and a retail establishment. One of the restaurants, La Cove, has been in this location for many years. These establishments all have some parking in the front of their business. However their proximity to residences in the surrounding neighborhoo. hould attract pedestrians. This intersection is particularly difficult t" s in some areas however. While in recent years sidewalk was a e south side of Cove Road, the north side where the businesse e locat lacks enough public right-of-way at present. In add' . ,Cove Road J of Lafayette Boulevard was noted by residen ' s a high priorit;r!\' idewalks. ent Authority created an inia Western and the Small .t C j r havertnered with the City in this effort t.re~urs with training, research, loans and The intent of the district is to provide additional ntial business owners in areas that are have unrealized economic development There are two portions of the district within the boundaries of Melrose- Rugby, both on the north side of Orange Avenue; one is between 18th and 20th Street, the other west of 23rd Street to Lafayette Boulevard. However the district spans along the south side of Orange Avenue and north side of Melrose Avenue in Loudon-Melrose, adjoining the neighborhood. 14 Thus, the district has the potential to impact business activity on the neighborhood's commercial corridor. These same portions of the neighborhood are also included in Enterprise Zone IA. An Enterprise Zone is a geographically defined area designated by the Governor. The Virginia Enterprise Zone program was established by the General Assembly in 2005 through the Virginia Enterprise Zone Act. The state and City are entered into a te ear partnership to encourage business expansion and recr . t by offering both state and local incentives. Businesses locati. I'n the boundaries of an Enterprise Zone may qualify for sta nd loc centives. In Enterprise Zone 1 A these include facade ,1'1 (to improve ""ildings), development fee rebates, utility hookup reba ob grants and"m'\vers. The village center at Co evaluated and considere or the Entrepreneur Distric ,dorsed by the Planning ~enue as an arterial street and ayette Bo ~~ Oth et as collector streets. Arterial streets major rOllies thJ,~ically allow motorized vehicles to travel . longer dis 'ces at fa '1;' spe~. Access off of arterial streets by through traffic should. Collector streets typically provide more access to prope l:Isually narrower and, have smaller volumes of traffic than arterial 'eets. As a rule of thumb, half of the people using a collector street are passing through, and are reaching a destination off of that street. The neighborhood's edges are defined by arterial and collector streets, all of which are well traveled. As is the case with any residential neighborhood, residents would like to minimize traffic on their streets while at the same time have the ability to travel in and out as 15 conveniently as possible. The current traffic volumes and the configuration of local streets works well for residents. While many residents would prefer less traffic on the neighborhood's edges on Orange and Melrose Avenues, 10th Street, and Lafayette Boulevard, these streets provide regional connectivity and serve a large number of vehicles. Decreases 'in traffic on these,streets are unlikely. Therefore, addressing land uses and street design are crucial to improving conditions for the neighborhood. At the time of the planning process, t, l~~~a Department of Transportation (VDOn was workin' two sig'~.icant projects in the neighborhood; the widening of treet and a ""~*II~dy of the Valley View Boulevard interchange. These p ~'~~s and other s~qesign issues are discussed in the followin section'<l*i-' n Critical portation Nodes map. The primary decision for the City is where and how the connection will be accessed by and into the neighborhoods surrounding it. Vision 2001- 2020, the City's comprehensive plan, recommends that streets are pedestrian and bicycle friendly, and connected into a grid or similar street system as much as possible. Connectivity of streets allows motorists more options and distributes traffic across more streets, rather than channeling it onto one or two routes. The City's Street Design 16 Guidelines will be used as a reference to design any new connection to the interchange. Per the Complete Streets Policy, new or reconfigured streets will be designed to accommodate bicyclists and pedestrians, as . well as automobiles. There are several potential options for this connection, but at the time of the planning process there has not been any preliminary engineering and design work completed to identify any rout However, per the principles of Vision 2001-2020 and the location of ite, some form of connection will likely be made into M ugby. Apublic planning process will be undertaken in the ' Fe toa s the potential options for this land and new street. "ntersection of Lafayette Boulevard ,d with much needed amenities ~~~er, tr fic is fairly heavy and typically and'" Cove Road, which makes crossing the north side of Cove Road lacks sidewalk, yet is the side with the co ercial establishments. For a number of years residents along Cove Road .in the Fairland and Villa Heights neighborhoods have requested curb, gutter and sidewalk.on the street. Several years ago sidewalk was installed on. the south slCle of Cove Road, but couldn't be installed on the north side due to a lack of right-of-way. Con~iderable improvement of this street and intersection will require the City to purchase private property to use as right-of-way. Cove Road 17 needs to .be evaluated from Peters Creek Road to its intersection with Lafayette Boulevard, irrespective of any impact that the potential connection to the Valley View Boulevard interchange might have. However, the design of that connection may necessitate that Cove Road and Andrews Road are addressed as one corridor with considerations for increased connectivity to the north. The businesses on Cove Road should be enhanced with a village center streetscape if any street projects are undertaken here. es and curb, ~' d Side k Since adoptio. the Rlious plan in 2001 a number of streets have been outfitted WI ,gutter and sidewalk. There are still a number of stre'ets lacking curB, utter and sidewalk; however the most heavily . traveled east-west streets have been addressed. Due to topography and right-of-way issues, it is not feasible to install curb, g,utter and sidewalk on all of the streets in the neighborhood. A new inventory of curb, gutter and sidewalk needs is included in the Infrastructure Needs map. 18 Storm Drainage The 2001 plan noted issues with storm water runoff and ponding in several areas of the neighborhood. Since then, a few projects have been completed, and in some cases the addition of curb has improved drainage on some streets. However, isolated drainage problems persist in the neighborhood, and residents noted several in the public workshops. There are three projects in Melrose-Rugby Ii 'tied in the storm water Capital Improvements Plan: · 7-50 feet of 18" storm drain' ck of Cove Road · 1,450 feet of 15" storm n the 2400 k of Florida Avenue · Raising the 10th Street br . .~ over Lick Run teet 1 O-year flood levels (see the VDOT 1 Oth Sd~ r' in the Tr. chapter) In addition, dur" problem area,,? <t~';;;r . Cove Re", 'dentified the following 1 plan re!= 'iL .~/creatl 9 a long-term funding strategy for storm w r improv"'nts. ~EentIY, City Council has considered a storm .,'" water uti! e that w d be used to fund the repair of storm water infrastructure. ese f s will be used to repair and replace much of the original pipes, c d inlets that are no longer sufficient to receive the, current volume f storm water. At the time of the planning process, tl1is utility was still being considered. Regardless of its outcome, future capital improvement plans need to be devoted to storm water infrastructure. 19 Parks and Recreation Melrose-Rugby was developed at a tim,e when parks were considered an essential part of any urban neighborhood. Melrose-Rugby has three parks, including the Eureka Recreation Center. From anywhere in the neighborhood, a four-block walk is all that is needed to reach a park. This access to parks and recreation was cited as a major amenity for the neighborhood. The Parks and Recreation Mi~r Plan Update notes that . ~t;' the northwest quadrant of Roanoke is g ,,51 'l' lIy underserved in relation to the rest of the City; however Melrose an exception. e that was originally built as a of the neighborhood and the ce t . ity began acquiring the land between 1940 Carroll +.,nue, i!~'Park spans almost 15 acres with indoor 'Yi~\ and outdoo "cilities. ~~oors, the center has a full sized gym, a game room, kitchen, d a/club room, and can hold up to 400 people at one time. Outdoo ties include a picnic shelter, basketball court, playground, ball fiel ,four tennis courts, and restrooms~ The residents of Melrose-Rugb A critical recommendation of this plan is to evaluate the existing facilities and their users with respect to potential projects from the master plan. If and when a new recreation facility is planned for the greater Northwest Roanoke area, the services currently provided at Eureka Park should be accounted for as it pertains to the neighborhood. Any new facility should 20 at least provide equal or greater value both in the quantity and quality of services currently available at Eureka Park. If a new facility cannot be built that will adequately service the users of Eureka Park, or is not within a reasonable distance of Melrose-Rugby, Eureka Park should continue to operate. lick Run Greenway The lick Run Greenway is one of the major aclJ itions to the neighborhood since the 2001 plan. The greenway is a s (I-use path (bicycles and pedestrians) that extends from the ed ntown in the Gainsboro '["II neighborhood, through Washingto ss 10th Street through Melrose-Rugby en route to Val However, residents oted in the public workshops that their only access to the greenway is via 10th Street, despite it being right on the edge of the neighbprhood. Recently, the City commissioned a pathways study to determine potential bicycle and pedestrian connections throughout the City. The study recommends creating new pathways for pedestrian and bicycle use and improving connections to existing greenways. It also recommends identifying such improvements in neighborhood plans. 21 A logical connection to the greenway would be via Norris Avenue in the Heritage Acres subdivision. This would entail building a pedestrian/bicycle bridge over Lick Run and an opening in the greenway's fence. Combined with additional infill sidewalk and trail improvements, this would make the greenway accessible for residents in the core of the neighborhood and for Loudon-Melrose residents on its w~ste~n end. Public Services rou elyevaluates its allocation of officers and , f thw;ity. Continued communication with the that the Police are best informed on where to Fire-EMS The grand opening of the new Fire-EMS St~tion 5 at 1920 Orange Avenue took place on June 28, 2010. Members of City Cou~'Cil, Commonwealth of Virginia officials, City staff and both presidents'of the adjoining neighborhoods, Melrose-Rugby and Loudon-Melrose, took part in the station's opening. The event not only showcased the new Leadership in Energy and Environmental Design (LEED) certified structure, but also 22 emphasized the partnership the Fire-EMS staff and other public service departments have with the community. The new Station 5 houses the department's new 105 ft. Pierce Ladder Truck, community meeting space and space for Police officers on duty in the area. The new station replaces former Fire ~tations 5 and 9, both of which were recently closed and sold. The new Station 5 provides an upgrade in service over the two older statio 'n that it houses state of the art modern equipment~ 23. Policies and Actions Community Design Policies · Housing Design and Zoning: New housing should be compatible with the existing structures in the neigbborhood. · Established neighborhoods should r~~,"ftheir overall character and development patterns, while inco "1~;lPrng new development that is compatible with the neighborha . , esign guidelines of Vision 2001-2020, and efficientIY~il~ .slimite~iresources. · Future commercial devel 6'!1lJ~t should adnl\~Ato t.he design principles of Vision 2001- ~O for village cenfe\. . o Concentrat', s of high ens1~ mixed us and Iive/wor; e. o Increased lot c e~ parki n of bui ,tivity. tial deve ments to incorporate the traditional menities such as sidewalks and e pa ',jog lots should be limited. Where necessary, be.,;:ated to the side or rear of buildings and to minimize their visibility. be located underground and existing utilities 24 Actions · Maintain the current single-family residential, institutional and commercial zoning districts as well as the Neighborhood Design District overlay zoning. · Use the Residential Pattern Book for The City of Roanoke in conjunction with the Neighborhood Design District as a guide for designing residential infill properties. · Limit surface parking lots and encoura~e use of on-street parking for periodic uses. · Participate in City's adopt a p~r , ~~~~pot program for residential street and island <>, Ificafif~ efforts. · Street trees should be ins!: in accorda " with the City's Street Design Guidelines. Where ~~~sible, large dec ' us trees should be used when replacing tree ca~ it the City ghts-of-way. · Encourage and as e Melro 'y Neighborfi ~ Forum to apply for grants to nally r ,a.ir the stone pillars on Rugby +~,~~. Boulevar d the gar 11 th s~r~~~~. · Pursue . borH~~d for potential listing .\;t' on the "<If~,as funds become av .Iabl Policies . Establishe character. character. · A variety of housing options should be available in the neighborhood. · Home-ownership and market-~ate housing should be encouraged, while limiting low-income housing. tial neighborhoods should retain their current I1g should reinforce the maintenance of this 25 . New housing should be compatible with the existing structures in the neighborhood per the Residential Pattern Book for The City of Roanoke and the Neighborhood Design District. Actions · Maintain the current single-family residential zoning districts. . Diversity of Housing Options: Melrose-Rugby should have a balance of single and multifamily hou" g, and should discourage the development of more multifal)1i -income housing. . Promote home-ownership in t rhood through the Mortgage Assistance Progra entive programs. . Encourage market rate h with the City's Strategic Housing Plan. · Refer to the Residential Patt housing. . Maintain the Neigh atible de \ zonin districts should be maintained, de encour; mor iEient use of existing commercial land. . age centers should provide a pedestrian- oriente I area for nearby residents. · Additiona increased economic opportunities are needed, but must be . sidered only within the context of the neighborhood's setting. · Industrial uses and large scale commercial development are not compatible i'h the neighborhood. Where such uses abut the neighborhood, they should have as minimal impact as possible on adjoining residential areas in terms of visibility, noise and air quality. 26 · Parking: The supply of on-street parking should be maximized along commercial streets. . Programs and incentives should improve and create neighborhood businesses on appropriately zoned properties. Actions · Maintain the current zoning of commercial properties. · Enhance the existing village centers it:he neighborhood with streetscape improvements. Potent" ' rovements include: o Wide sidewalks with stre d landscaping o Pedestrian crosswalks' o Street lights and fu . 'Market and encourage ec as Enterprise Zone incentive . Consider expansie Enterpris District to incfude t ' .e cente Bou levar any 10 al streets (local, as defined by the S ,et Design e in or additional travel lanes. Streets should at the n1lfinmUm width necessary to accommodate vehicular traffic-sil'lt parking. · Streetscap d be well maintained, attractive and functional for pedestria 'icycle and motor traffic, and traditional \ neighborhood streets should have urban amenities such as sidewalks and curb and gutter. Appropriate species of trees should also be planted along streetscapes. · The connectivity of streets and the grid street system should be promoted and maintained. · Traffic-calming measures should be considered where appropriate to influence travel speeds. 27 · A comprehensive approach should be taken when evaluating improvements to the neighborhood's street network. · Public facilities, such as schools and parks, should be easily accessible for pedestrians and bicyclists. Actions . . . . . . fayette Policies · Parks: Par auld be well maintained and available for use by neighborhoo esidents. · Pedestrian Amenities: Residents should have facilities for pedestrian mobility within the neighborhood. Greenways should be easy to access within the neighborhood. · Street Trees: Street trees should be installed in accordance with the City's Street Design Guidelines to reach the goals of the Urban Forestry Plan. 28 Actions · Passive Use Park Land: Maintain and continue passive use park land (areas not dedicated to "programmed activities) for the general public. · c Ensure that the existing services and users of Eureka Park are equaled or improved if a new recreation center is built. Maintain the Eureka Park Community Center if not. . Lick Run Greenway: o Improve neighborhood acces infrastructure needs maR o Ensure that the Lick R conjunction with t that its connectivi capacity is malA I ed per the Lick Ru n Phase IIIstudy. .". o Protect riP~" uffers d communicate with neighborhood f crime in the area. <:J be ou fitted to provide the most efficient nd part of the neighborhood. d be maintained up to code standards. Actions · Continue reg 'r attendance at neighborhood meetings by Police Officers and communication with the neighborhood in between meetings as needed. · Work with staff of the new Fire/E~S station (Number 2) to explore possible public uses of the facility, and to get the staff involved with the neighborhood. · Continue the Rental Inspection Program and other Code Enforcement efforts as a top priority.. 29 /' I ~............. ,I. .,.~ ,.6.. e', J. \. ~ \\) )\\!~ ..~ \; IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of August, 2010. , No. 38934-081610. AN ORDINANCE amending Vision 2001-2020, the City's Comprehensive Plan, by amending the Loudon-Melrose/Shenandoah West Neighborhood Plan to include the Loudon-Melrose/Shenandoah West Neighborhood Plan Update dated July 15, 2010, as amended at the public hearing on July 15, 2010; and dispensing with the second reading by title of.this ordinance. WHEREAS, on December 16, 2002, City Council amended Vision 2001-2020, the City's Comprehensive Plan, by adopting the Loudon-Melrose/Shenandoah West Neighborhood Plan by Ordinance No. 36182-121602; WHEREAS, a Loudon-Melrose/Shenandoah West Neighborhood Plan Update da~ed July 15, 2010, was presented to the Planning Commission on July 15, 2010; WHEREAS, the Planning Commission held a public hearing on July 15, 2010, and recommended amending Vision 2001-2020, the City's Comprehensive Plan, by amending the Loudon-Melrose/Shenandoah West Neighborhood Plan by adopting the Loudon-Melrose/Shenandoah West Neighborhood Plan Update dated July 15, 2010, as amended at the public hearing on July 15, 2010; and WHEREAS, in accordance with the provisions of 9152-2204, Code of Virginia ~ (1950), as amended, a public hearing was held before this Council on August l6, 2010, on the proposed amendment to Vision 2001-2020, the City's Comprehensive Plan, at which hearing all citizens so desiring were given an opportunity to be heard and to . r present thein views on such amendment. . a-Amend Vision 2001-2020-Loudon-Melrose-Shenandoah West Plan.doc 1 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: ,1. That the Loudon-Melrose/Shenandoah West Neighborhood Plan, adopted by City Council on December l6, 2002, by Ordinance No. 36182-121602, is amended to include the Loudon-Melrose/Shenandoah West Neighborhood Plan Update dated July 15, 2010, as amended at the public hearing on July 15, 2010, and City Council hereby approves such Loudon-Melrose/Shenandoah West Neighborhood Plan, as amended. 2. That this Council hereby amends Vision 2001-2020, the City's Comprehensive Plan, to include the Loudon-Melrose/Shenandoah West Neighborhood Plan, as amended by the Loudon-Melrose/Shenandoah West Neighborhood Plan Update dated July 15, 2010, as amended at the public hearing on July 15, 2010, as an element thereof. 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 9 l2 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~ rn,hIOiW City Clerk " - ) a-Amend Vision 2001-2020-Loudon-Melrose-Shenandoah West 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 Architectural Review Board Board of Zoning Appeals Planning Commission August 16,2010 Honorable David A. Bowers, Mayor Honorable David B. Trinkle, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable Raphael E. Ferris, Council Member Honorable Sherman P. Lea, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Dear Mayor Bowers and Members of City Council: ,.'_.l ,./--;:-.-, Subject: Request to amend Vision 2001-2020, the City's comprehensive plan, to include an amendment to the Loudon-Melrose/Shenandoah West Neighborhood Plan, adopted by City Council on December 19, 2002, from Vision 2001-2020, and to include in Vision 2001-2020, the amendment of the Loudon-Melrose/Shenandoah West Neighborhood Plan, dated July 15,2010. .-- Planning Commission Recommendation: Planning Commission public hearing was held on Thursday, July 15, 2010, By a vote of 7 -0, the Commission recommended the amendment of Vision 2001-2010 to include the Loudon-Melrose/Shenandoah West Neighborhood Plan. Background: The current Loudon-Melrose/Shenandoah West Neighborhood Plan was adopted in 2002. This amendment will affect the current plan as it pertains to the Loudon-Melrose neighborhood only. The language in the current plan regarding the Shenandoah West area will be unaffected by this amendment. Loudon-Melrose is bound by 24th Street to the west, Orange Avenue (U.S, Route 460) to the north, 14th Street to the east, and on the south by the Norfolk Southern railroad tracks. Shenandoah West follows the same northern (Melrose Ave becomes U.S. Route 460) and southern boundaries from 24th Street to the east extending west past 31 st Street. Members of City Council August 16, 2010 Page 2 Two public meetings were held in 2009-10 to gather public input. Public input combined with the policies of Vision 2001-2020 are the basis for the recommendations in this plan. The current Loudon-Melrose/Shenandoah West Neighborhood Plan was used for reference and some information was copied from that plan. While significant changes have been implemented per the recommendations of that plan, several of the issues remain the same as well. Planninq Commission Discussion: Frederick Gusler, Senior City Planner, explained that the plan before the Commission was an addendum to the current Loudon Melrose/Shenandoah West Neighborhood Plan. He presented the staff report and answered questions relative to the land use and pedestrian/bicycle improvements map. He pointed out the shared use path along the paper right-of-way on 21st Street, which could potentially be developed to create a connection to the existing sidewalk system and move north into the Melrose Rugby neighborhood. Mr. Williams questioned why Melrose Park wasn't shown as recreation open space on the land use map. Mr. Gusler said that it should be and that he would correct that. Barbara Duerk (2607 Rosalind Avenue, S.W.) appeared before the Commission and stated she did not live in the neighborhood, but was in Melrose-Rugby and Loudon- Melrose at least twice a week on her bicycle. She said that the Shenandoah Avenue urban shoulder meet bike lane standards and be signed and that the section of Shenandoah Avenue, between 5th Street and 24th Street, beside the Norfolk Southern property, be a tourist attraction for railroad. Mr. Williams asked Mrs. Duerk if she wanted the existing paved shoulder along Shenandoah that has been striped, to be signed as a bike lane. Mrs. Duerk said there were two parts to her request. One was that anything put in meet MUTCD standards so that it could be signed. She said that people did not realize that the urban stripe was there for bicyclists and in some sections of Shenandoah, people were parking in the area. She said the second part dealt with the City's railroad heritage and tourism. Staff said that the question of ownership of the right~of-way would be a big issue in development of the area between 5th and 24th for a railway attraction. He also commented that he was not sure if there was sufficient right-of-way on the south side of Shenandoah Avenue for bike and pedestrian accommodations to be considered or designated using MUTCD standards, He said he doubted there were 11 feet available for the bike lane and sidewalk. Members of City Council August 16, 2010 Page 3 Mr. Chrisman asked if there was a way to sign in the area for bike and pedestrian use. Staff responded that he did not believe the City would want to encourage pedestrian use at the same grade as traffic, nor would it be feasible in the right-of-way. He said he thought he would be able to include some language in the plan to address Mrs. Duerk's concerns. Mr. Williams commented that Shenandoah Avenue was included in the Long Range Transportation Plan. He said that the current edge stripe was not an attempt to create a bike lane, it was simply an attempt to focus the cars into the 11-foot lane and not have them using the entire lane for driving straight ahead. He said the existing lane did not meet MUTCD standards. He also said he was not sure that the ideas were something that belonged in the Loudon-Melrose plan, but could possibly be part of the planning process for the long range transportation plan. Considerations: The 2002 plan included four priority recommendations: . Zoning: Amend the zoning ordinance to allow a greater variety of commercial uses in the existing industrial districts, and to ensure that new residential development is compatible with existing structures in terms of setbacks and lot coverage. . Housing: Establish this plan as a framework for more specific revitalization plans, to be considered in future allocations of Community Development Block Grant (CDBG) funds, stressing the potential for infill development on vacant parcels and the rehabilitation of substandard structures. . Code Enforcement: Continue to target the neighborhood for all code violations and maintain the rental inspection program on designated properties. · Infrastructure: Improve streetscapes by providing or repairing sidewalks and curb and gutter where needed, improving areas with storm water management problems, and possibly incorporating greenways and alternative transportation corridors for pedestrian and bicycle usage. In public workshops, residents cited numerous code violations throughout the neighborhood. Code enforcement remains a top priority. Most of the other priority initiatives relate to code enforcement as they pertain to redevelopment of the neighborhood. Housing improvement is not stated as a priority initiative per se. However it is implicit in the recommendation for using federal grant funds. Members of City Council August 16, 2010 Page 4 The priority initiatives included in the amendment are based on the recommendations of the 2002 Loudon-Melrose Neighborhood Plan, changes since that time, and recent resident input. . Code Enforcement: Continue the Rental Inspection Program (RIP) and emphasize regular code enforcement action to reduce nuisance violations. . Zoning and Land Use: Per the Future Land Use map, maintain the current residential and commercial zoning districts, while considering Urban Flex uses in the industrial districts. . Brownfield Redevelopment: Acquire and market Brownfield grant funds to be used to redevelop eligible properties in the industrial districts. . Melrose Park: Recognize Melrose Park as a vital community asset and increase police presence, as well as scheduling community activities. Create a master plan and/or prioritize improvements to the park. . Federal Grant Funds: Consider Melrose Avenue in conjunction with Orange Avenue and the Melrose-Rugby neighborhood as a potential focus area for future Housing and Urban Development grant funds. . Bicycle/Pedestrian Amenities: Evaluate potential pathways and infrastructure improvements to increase opportunities to walk and bike, with particular emphasis on connections to 10th Street and the greenway network. Refer to the Potential Bicycle & Pedestrian Improvements map for priority streets. Respectfully submitted, ~~ Angela Penn, Chair City Planning Commission cc: Chris Morrill, City Manager R. Brian Townsend, Assistant City Manager William M. Hackworth, City Attorney IN THE PLANNING COMMISSION OF THE CITY OF ROANOKE, VIRGINIA This 15th day of July, 2010 A RESOLUTION recommending the adoption of an addendum to the Loudon- Melrose/Shenandoah West Neighborhood Plan as an element of the City's Comprehensive Plan. WHEREAS, a series of community workshops were held in the Loudon- Melrose/Shenandoah West 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 addendum to the Loudon-Melrose/Shenandoah West 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 public hearing was held on July 15, 2010, 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 addendum to the Loudon-Melrose/Shenandoah West Neighborhood Plan, dated July 15, 2010, 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: 4~ Chairman Loudon-Melrose/Shenandoah West Draft Neighborhood Plan Addendum July 1 5, 201 0 DRAFT Loudon- Melrose Neighborhood Plan Update This update of the Loudon-Melrose Neighborhood Plan. is an addendum that supplements the existing plan that was adopted by City Council in 2002. This update is not intended as a rewrite of the previous plan, and it is not in the same format. It is intended to provide updated recommendations, policies and actions to better reflect changes in the neighborhood since 2002. The recommendations of this update supersede those of the previous plan. The previous plan includes background information that remains useful, and should be referenced when using this update. Neighborhood Planning and the Implementation of the 2002 Loudon- Melrose Neighborhood Plan . Neighborhood plans are City Council adopted components of Vision 2001-2020, the City's comprehensive plan. Neighborhood plans follow the policy framework of Vision 2001-2020, while incorporating the unique factors and citizen input of each neighborhood. Like Vision 2001- 2020, each plan is a long-range policy guide. Many items in a neighborhood plan are reactive, while others are proactive. Neighborhood plans are not tied directly to capital improvements or any funding mechanism; however they guide such decisions by the City administration. Residents and City staff alike will refer to this document in the future when faced with decisions regarding zoning and land use, public facilities, and infrastructure needs. Its intent is to guide Loudon- Melrose in a manner consistent with City policy, improving identified . . areas of need, while maintaining the positive attributes of the neighborhood and recognizing its individual characteristics. In 2002 City Council adopted the first Loudon-Melrose Neighborhood Plan. In 2008, with adopted neighborhood plans for each neighborhood in the City consistent with Vision 2001-2020, Planning staff began to update the older plans, with Loudon-Melrose one of the first identified. Public meetings were held at the offices of Allied Waste (then doing business as BFI) in 2009 where the Loudon-Melrose Neighborhood Organization meets regularly. The public input from those meetings, combined with the policies of the previous Loudon-Melrose Neighborhood Plan and Vision 2001-2020, form the foundation for the recommendations of this plan. Since City Council adopted the first Loudon-Melrose Neighborhood Plan in 2002, numerous goals have been achieved. For that reason, and simply due to its age, the 2002 plan has become obsolete. An implementation table from that plan is included in the Implementation chapter of this DRAFT plan with a column added to show the status of each item that was recommended. The 2002 plan included four priority recommendations: Zoning: Amend the zoning ordinance to allow a greater variety of commercial uses in the existing industrial districts, and to ensure that new residential development is compatible with existing structures in terms of setbacks and lot coverage. ~ "\ Housing: Establish this plan as a framework for more specific . revitalization plans, to be considered in future allocations of Community Development Block Grant (CDBG) funds, stressing the potential for infill development on vacant parcels and the rehabilitation of substandard structures. . Code Enforcement: Continue to target the neighborhood for all code violations and maintain the rental inspection program on designated properties. Infrastructure: Improve streets capes by providing or repairing sidewalks and curb and gutter where needed, improving areas with storm water management problems, and possibly incorporating greenways and alternative transportation corridors for pedestrian and bicycle usage. Of these items, the first has been completed, while the third is ongoing and remains an issue. The other two have seen some progress, but have not experienced a significant amount of investment. Th~. update of the zoning ordinance in 2005 limited the density of housing units, and implemented the Neighborhood Design District in the neighborhood to improve design compatibility. In addition, the Residential Pattern Book was endorsed by the Planning Commission in 2008 and provides guidance to homeowners and contractor~ on the various housing styles in the City. While the zoning changes are a significant regulatory change, and there has been some construction of new housing units in the neighborhood, the over~1I quality of housing still needs to be improved. The Transportation and Infrastructure chapter contains an update of priority streetscape and curb, gutter and sidewalk improvements. Some infrastructure work has been completed in the neighborhood over the past eight years, but there remains a significant backlog. Code enforcement remains a high priority for the neighborhood. Since the adoption of the first plan the staff has been bolstered and has increased its efficiency. 2 DRAFT Overall, while several recommendations of the 2002 Loudon-Melrose Neighborhood Plan have been implemented, some of the crucial issues remain. City Council selected the neighborhood along with five others as the highest priorities for focusing Federal grant funds in 2002. Since then, three neighborhoods have been selected as focus areas, but Loudon-Melrose has not been one of them. The need for such investment remains and residents would like to see their neighborhood selected. 3 DRAFT Plan Update Priority Initiatives The following priority initiatives ,are based on the recommendations of the 2002 loudon-Melrose Neighborhood Plan, changes since that time, and recent resident input. In public workshops, residents cited numerous code violations throughout the neighborhood. Code enforcement remains a top priority. Most of the other priority initiatives relate to code enforcement as they pertain to redevelopment of the neighborhood. Housing improvement is not stated as a priority initiative per se, however it is implicit in 'the recommendation for using federal grant funds. City Council's current policy devotes up to 75% of the City's annual allotment of Housing and Urban Development (HUD) funds to improving hqusing. These initiatives are the focus of this plan update, and will replace those in the previous plan. Code Enforcement: Continue the Rental Inspection Program (RIP) and emphasize regular code enforcement action to reduce nuisance violations. Zoning and land Use: Per the Future Land Use map, maintain the current residential and commercial zoning districts, while conSidering Urban Flex uses in the industrial districts. Brownfield Redevelopment - Acquire and market Brownfield grant funds to be used to redevelop eligible properties in the industrial districts. Melrose Park: Recognize Melrose Park as a vital community asset and increase police presence, as well as scheduling community activities. Create a master plan and/or prioritize improvements to the park. Federal Grant Funds:;Consider Melrose Avenue in conjunction with Orange Avenue and the Melrose-Rugby neighborhood as a potential focus area for future Housing and Urban Development grant funds. Bicycle/Pedestrian Amenities: Evaluate potential pathways and infrastructure improvements to increase opportunities to walk and bike, with particular emphasis on connections to 10th Street and the greenway network. Refer to the Potential Bicycle & Pedestrian Improvements map for priority streets. 4 DRAFT Code Enforcement Code enforcement remains a high priority for the neighborhood. The neighborhood shares these same problems with other older ' neighborhoods around it. To address this, the City hired two additional code compliance inspectors in 2008. The additional inspectors have allowed the department to disperse staff around the neighborhoods in smaller zones. As a result each inspector has more time to devote to a smaller area and can work more with property owners, residents and neighborhood organizations. In addition, in 2007 the City created the Code Team, an interdepartmental team of city staff devoted to addressing properties that have multiple recurring offenses. The Code Team has members from the Police, Fire-EMS, Planning, Code Enforcement, Health Department and Social Services departments. The team coordinates various enforcement measures where it has identified overlapping problems. Loudon-Melrose has its share of code violations. Illegal dumping of tires and other waste has been a recurring problem in the Shenandoah Avenue corridor. Although each area has its individual issues, the process and strategy for code compliance is much the same in each neighborhood. This plan Simply recognizes that it remains a top priority for the neighborhood, and resources should not be diminished towards it if at all possible. A strong history of communication with the neighborhood has helped inspectors perform their duties. Continued communication between the code compliance staff, Police and the Loudon-Melrose Neighborhood Organization is essential to reducing violations. Zoning and land Use The 2002 plan notes the incompatibility of land uses and lack of trans.ition between the industrial corridor along Shenandoah and Centre Avenues and the residential area to the north. The juxtaposition of these different land uses poses problems in that properties in each zoning di'strict were either built for or evolved into their current land use. This area also has developed problems with illegal dumping and other code violations as noted above. Since this industrial district is for the most part still a viable business corridor, improvement of it as such should be the focus. A higher occupancy rate of these properties should promote more responSible maintenance and fewer code violations. In essence,";' improving the industrial district should improve the transition to the residential areas. 5 DRAFT A wholesale zoning change would likely take years to affect any significant change. However, in 2008 the City Council adopted the Urban Fie?, (UF) District as an amendment to the Zoning Ordinance. The purpose of the UF district is to revitalize underperforming corridors. It allows more flexibility than traditional industrial zoning, realizing that many of the buildings in the district are small and only viable for a limited range of industrial uses. A key part of this plan is addressing the industrial corridor. The UF zoning designation could help improve some of the industrial properties and allow for more of a transition between industrial and residential properties. Portions of Shenandoah and Centre Avenues should be considered; however Centre Avenue is likely a better fit for UF zoning. Brownfield Redevelopment In addition to the potential zoning changes noted above, another key tool for revitalization of the industrial corridor along Shenandoah and Centre Avenues is brownfield redevelopment. A brownfield is defined by the U.S. Environmental Protection Agency (EPA) as "real property, the expansion, redevelopment or reuse of which may be complicated by the presence of or potential presence of a hazardous substance, pollutant, or contaminant." Brownfields do not have to be proven to be contaminated per se. The presence of dated industrial equipment and excessive machinery can constitute a brownfield. This is the case with several properties in the Shenandoah and Centre Avenues corridor. In 2008, City Council adopted the City-Wide Brownfield Redevelopment Plan. The plan sets out a strategy for redeveloping identified brownfields. The Shenandoah Avenue corridor is included in the plan, It mentions the policies of the 2002 loudon-Melrose Neighborhood Plan in noting that the corridor has several vacant parcels, abuts a residential neighborhood and lacks a transition between these land uses. As is the case with City neighborhood plans, funds are not attached to the City-Wide Brownfield Redevelopment Plan. It is a policy guide for future redevelopment efforts in these affected areas. However, the City has already received several brownfield grants from the EPA, and staff has applied for another for 2010. During the planning process for this update, Planning staff met with businesses in the Shenandoah corridor to discuss potential opportunities for brownfield redevelopment. In addition to the Shenandoah corridor there are potential brownfields in the 1 700 6 DRAFT block of Gilmer Avenue, and in scattered sites in the Orange and Melrose Avenues area. Melrose Park Melrose Park is frequently used by neighborhood residents; however as a community asset it could be improved and used more. Recently, a peace vigil was held there one evening by neighborhood residents and other members of the community, to draw attention to the violence that the area had experienced in a short time span. Although it was an event brought about by unfortunate circumstances, it illustrated the park's central location and importance to the neighborhood. At times over the years it has been unsafe for residents. The two basketball courts, which are heavily used in warm weather, occasionally are rendered useless by broken glass on the surface. The covered picnic area, basketball courts and tennis court are all well used by the neighborhood and should be maintained for future use. Increased use of the park for structured activities could improve conditions. Melrose Park should be recognized as a vital community asset, and future improvements in it should take this into consideration. Ideally, a professional master plan for the park should be done. However, since it is relatively small, a college student project might achieve the ' desired results just as well. With input from the neighborhood, a landscape architecture and/or outdoor recreation class could create a plan for improvements and activities. Neighborhood improvement grants through the Division of Neighborhood Services could assist in implementation. HUD Federal Grant Funds (CDBG, HOME) The City receives an allotment of federal grant funds each year from the Department of Housing and Urban Development (HUD). These grant funds, Community Development Block Grant (CDBG) and Housing Opportunities Made Equal (HOME), provide community development assistance to low to moderate income neighborhOods, such as Loudon- Melrose. Since 2002, City Council has employed a policy of devoting 75% of the City's annual allotment into one selected neighborhood. This strategy has been employed in three different neighborhoods to date. In 2002, six neighborhoods were selected by City Council as finalists for grant funding. Loud,on-Melrose was one of the neighborhoods selected, but has not yet been chosen as a focus area for grant funding. As City staff and Council have learned from each project, the time period in each 7 DRAFT neighborhood has been extended. At present, Hurt Park is the focus area with plans to continue redevelopment of that neighborhood through fiscal year Ouly 1 to June 30) 2010-11 at least. Thereafter, City Council must either decide on a new focus neighborhood or amend the policy. As has been the case with the previous focus neighborhoods, Loudon- Melrose is large enough that a smaller focus area within the neighborhood would need to be strategically planned, rather than spreading funds across the whole neighborhood. The neighborhood's northern and southern edges are the most problematic. Thus, this plan proposes two potential redevelopment focus areas (see map): · The northern edge; along Orange and Melrose Avenues. This area would include both sides of Orange Avenue and the southern edge of Melrose-Rugby. · The southern edge; along the Shenandoah Avenue corridor. This area would include Centre Avenue and would focus on the transition between residential and industrial properties, and brownfield redevelopment, potentially merging funding sources from brownfield grants. Bicycle/ Ped es trianAme n iti es Creating opportunities to walk and bike in the neighborhood will increase its livability and the health of residents. Recently, the City commissioned a pathways study to determine potential bicycle and pedestrian connections throughout the City. The study shows that not only does Loudon-Melrose not have any greenways or bike lanes; it is at least a half- mile away from any. Tenth Street is slated to have bike lanes as part of a Virginia Department of Transportation project to improve the street. It is east of the neighborhood; however it could provide a safe and direct route to the Lick Run Greenway to the north and Roanoke River Greenway to the south. As previously noted, some curb, gutter and sidewalk has been added to the neighborhood since the plan was adopted in 2002. However, there are still a number of well traveled streets that do not have curb, gutter and sidewalk. There are topography issues on some streets, while others lack enough public right-of-way space. Despite the lack of pedestrian and bicycle amenities, a number of bicycle routes have been proposed through the neighborhood. Shenandoah Avenue is on the priority list of the Bikeway Plan for the Roanoke Valley. 8 DRAFT Edge lines (painted stripes a few feet from the curb or edge of the street) were recently added on Shenandoah Avenue, which created a de facto bike lane on a route that is used by many cyclists. Although it isn't an official bike lane, which are five feet wide and marked, it may suffice as such for cyclists. Shenandoah Avenue is also an important route because it links to the Lick Run Greenway trail head and downtown. Way finding signage should be considered that will direct,cyclists to the greenways. Melrose Avenue west of the neighborhood is also a priority street in the Bikeway Plan. It connects to Orange Avenue as Route 460 on the northern edge of the neighborhood and is a major arterial street that is foreboding for cyclists. A bike lane or shared use path in place of the sidewalks would make it much safer for cyclists. Other streets that are vital to pedestrian and bicycle connectivity (see map): · Loudon Avenue: Loudon Avenue has sidewalk east of 18th Street. Its width is suitable as a local street, which reduces traffic speeds, making it safer for bikers and pedestrians. West of 18th Street there is no curb, gutter and sidewalk. Either curb, gutter or sidewalk on both sides is needed, or a wide shared-use sidewalk on the south side of the street to connect to the sidewalk west of 22nd Street. This will allow a contiguous connection to 24th Street, which has several commercial services and is a major collector street. · 21 stStreet: Between Shenandoah and Moorman Avenues, most of 21st Street is a paper right-of-way, i.e. a public street that has never been built but is still platted. ,Since it is unlikely that this street will not be improved in the near future for vehicular traffic, consideration should be given toward creating a shared-use path that connects to the improved portion of the street at Moorman Avenue. Between Moorman Avenue and Salem Turnpike, sidewalk should be installed on at least one side. These improvements could be continued north of Salem Turnpike to provide a connection to the trail in Kennedy Park in Melrose-Rugby. · The intersection of Salem Turnpike and Melrose Avenue: All sides of this intersection lack a crosswalk and its angled streets make it particularly unsafe to cross in any direction. Crosswalks and/or pedestrian signals should be installed. · Gilmer Avenue: Gilmer Avenue has challenges due to its steep slope and uneven street geometry. It is one of the main east to west streets in the neighborhood, and should be evaluated for curb, gutter and sidewalk where feasible, even if only on one side. 9 DRAFT . 24th Street: As the Roanoke River Greenway is extended to the west, access to it via 24th Street onto Boulevard and the Hurt Park neighborhood should be considered. This could entail a widened sidewalk, bike lane, or simply way-finding signage. Recommendations Community Design Policies · Zoning and land-use should allow for compatible uses in proximity to each other. · Industrial sites: activity should be screened as much as possible from adjoining residential areas. · Streetscapes should be well maintained, attractive and functional for pedestrian, bicycle and motor traffic. Trees should be planted in planting strips where they have adequate room to grow. Actions · Address the transition between residential and non-residential land uses, particularly along Centre Avenue. Consider Urban Flex zoning where appropriate. . Initiate tree planting on streets where homes lack buffering from industrial uses. · Improve streets capes per the Street Design Guidelines with priority on those streets shown on the Potential Bicycle & Pedestrian Improvements map. .. Continue to provide reports of property maintenance violation issues to the neighborhood organization. . 10 DRAFT Residential Development Policies · Encourage more home-ownership in the neighborhood. · New housing should be compatible with the existing structures in the neighborhood. . Diversity of Housing Options: Loudon-Melrose should have a balance of single and multifamily housing, and should discourage the development of more multifamily low-income housing. · Houses should be maintained up to code standards. Actions · Work with various housi.ng developers to develop housing that will increase the number of homeowners in the area. · Encourage use of the Residential Pattern Book in administering the Neighborhood Design District regulations. · Continue the Rental Inspection Program. Economic Development Policies · Vacant parcels should be used for infill development unless identified for public use. · Abandoned or vacant industrial sites should be environmentally mitigated and redeveloped. · The neighborhood should have commercial establishments that are compatible with it. Actions · Promote development on vacant parcels and the adaptive reuse of vacant buildings. · Redevelop blighted industrial sites using brownfield grant funds and other City programs, such as the Enterprise Zone incentives and fa~ade grants. · Consider Urban Flex zoning where appropriate, particularly along Centre Avenue. 1.1 DRAFT I nfras tru ctu re Policies · Streetscapes should be well maintained, attractive and functional for pedestrian, bicycle and motor traffic. · Traditional neighborhood streets should have urban amenities such as sidewalks, curb and gutter, and trees where appropriate. . The connectivity of streets and the grid street system should be promoted and maintained. · Storm water drainage should be mitigated as much as possible through public improvements. Actions · Per the Street Design Guidelines, the Bikeway Plan for the Roanoke Valley and the Roanoke Valley Conceptual Greenway Plan, consider the improvements noted in the priority initiatives and shown on the Potential Bicycle & Pedestrian Improvements · Initiate tree planting on streets where homes lack buffering from industrial uses. · Construct storm drainage projects as funding becomes available. Public Services Policies · Police: The close relationship that officers assigned to the area have with residents and neighborhood organizations should continue to be strengthened, and supported. · Public services should'be delivered to citizens in the most efficient manner possible, including combining some in common facilities in areas where they're needed. Actions · Continue communication between residents, the neighborhood organizations and police. · Utilize the new Fire Station 5 for activities with neighborhood residents, and continue communication between Fire-EMS staff and the Neighborhood Organization. 12 DRAFT Parks and Recreation Policies · Parks: neighborhood parks should be safe and have well- maintained facilities that will be used by nearby residents. · Streets in the neighborhood should accommodate pedestrians and bicycles in addition to vehicles. Actions · Evaluate Melrose Park for future improvements and recreation opportunities. Consider creating a student project to offer design and implementation alternatives. · Per the Street Design Guidelines, the Bikeway Plan for the Roanoke Valley and the Roanoke Valley Conceptual Greenway Plan, consider the improvements noted in the priority initiatives and shown on the Potential Bicycle & Pedestrian Improvements. ~; 13 DRAFT Implementation of the Original Loudon- Melrose Neighborhood Plan Action Projected Time Lead Status Period Aaencv* Zoning Changes 1 Year PBD Complete Zoning Ordinance updated December 5, 2005 Neighborhood 1 Year PBD Complete Design DistriCt Zoning Ordinance updated December 5, 2005 Support Rental Ongoing CE Ongoing Inspection 2 additional code prog ram compliance inspector positions were added in 2008 Tree planting and Ongoing Urban Forestry Urban Forestry currently landscapina unfunded Attract a large Ongoing Private Sector/ED Food Giant at grocery store 24th/Melrose opened in 2006 Market IPUD site Ongoing Private Sector/ED Goodwi II recently at 24th & Melrose finished workforce Ave trainina center Develop Ongoing Engineering/P&R No designated routes in Greenway routes. neighborhood & bike lanes Construct new 3 Years Engineering A project was done in sidewalks & 2003 curbs Drainage Ongoing Engineering None since plan's imorovements adoption Address speeding 2 Years Police/ No permanent changes Transportation Continue COPE & Ongoing Police/LM NO Communication Neighborhood continues Watch Construct a new .4 Years Fire-EMS Building is currently fire station/multi- under construction at service center 19th and Melrose * PBD - Department of Planning Building and Development CE - Code Enforcement Division ED - Department of Economic Development LMNO - Loudon-Melrose Neighborhood Organization 14 DRAFT Implementation of the Loudon- Melrose Neighborhood Plan Update Actions Participants Year Year Year Year Ongoing 1 2 3 4 Continue Rental CE * Inspection Program and Code Enforcement as a too orioritv Consider UF zoning PBD/LMNO/ * for Centre Avenue Businesses area Use brownfield grant PBD/ED * funds to initiate redevelopment of Shenandoah corridor Evaluate Melrose Park, P&R * , Consider Melrose & PBD/LMNO * Orange Avenues as a grant focus area Consider PBD/P&R/ * improvements per the Public Works Potential Bicycle & Pedestrian Imorovements MaD Discuss adaptive reuse Fire-EMS/PBD * of Fire Station # 9 LMNO 15 t{~,?Z:l" ::\\" \ G)'"1 'I:' ~Z''A,;;1;M "VI ,v r:, ' 'r:,F. tn, (I)'" ":lfs/ '<'Q)':;' GL"':': ':"'P ,< ~/~"< ' .,.,. .,:.. ". '" '" "':." ,~ 'oJ' ", , , " ,A;.~ "(U';i '''i:.. .", ',:::'t):,': ,':~":,., , 0" The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times --------------------------------------------------+--------~--------------- I ---~ 'I j NOTICE OF PUBLIC ' HEARING I The Council of the City of: I Roanoke will hold a public i hearing on Monday, August I I 16, 2010, at 7:00 p.m., or as soon thereafter as the I matter may be heard, in the Council Chamber, fourth I floor, in the Noel C, Tay/or! I Municipal Building, 215 Church Avenue, S.W:, I Roanoke, Virginia, to consider the following: I Request to amend Vision 2001-2020, t'he City's I comprehensive plan, to: (1) repeal the Melrose-Rugby I Neighborhood Plan, I adopted by City Council on June 18, 2001, and replace I it with the Melros~-Rugby Neighborhood Plan dated I July 15, 2010 ("Plan"), as amended at the public I hearing on July 15, 2010, which includes the following' I updated priority initiatives: continue rental inspections I and code enforcement, I evaluate the transportation system and pedestrian I I /bicycle improvements, ensure continued I recreational service in I Eureka Park, consider the I neighborhood' as a focus' area for federal grant funds, I and update the Plan's land use map: and (2) amend I the current I I I I I I I I \\\\""""" I ......'...\0'/ A L.,q I~"'~ I ", ~~".t""'t rA_", .:-~.... NOTAAY'':~ '=:. I :: .. PUBl.IC '. ~ -:. I g *- :' REG. #7090930 ': * ~ I = : MY COMMISSION: : I -C"- . .. ; 0.... Effl~~ft-I J.... ;S E I .. ~-" -;;;:1.. t. t:"~ ~ I .... -~ ". ..' <\."V ~ J TOTAL COST: 617.76 " /ltty, ...... ~"'..... I FILED ON: 0 8/ 0 6/1 0 "'",~1,~~~,~~\\..,'.. I --------------------------------------------------+------------------------ CITY OF ROANOKE, PDV PLANNING, BLDG., DEV 215 CHURCH RM 166 ROANOKE VA 24011 REFERENCE: 80076514 12267919 NPH-Melrose-Rugby 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 newspape~ 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~,innlia. Sworn and subscribed before me this __l~~day of AUG 2010. Witness my hand and official seal. Notary Public PUBLISHED ON: 07/30 08/06 ) Lciudo~Meirose7shenandoa ' h,West.Nelghborhood Plan,; adopted by City Council on, December 16, 2002, to include the Loudon1 Melrose/ Shenandoah West Neighborhood Plan Update, dated July 15, 2010, as I amended at the public i hearing on July 15, 2010, , which Includes the following updated priority initiatives for the Loudon' Melrose neighborhqo'd: continue rental inspections and code enforcement, acquire gr~nts, I to facilit~te brownfleld I redevelopment, create a, I master plan for Melrose Park, consider the I neighborhood as a focus area for federal grant funds, I increase bi~ycle/pedestrian : amenities, ;and update the, , land use rUap to identify , pote nt i al ch a n ges in' : industrial',districts, and policies and'!a~tions. Copies o,f the plans are, . available for(ieview in the Office of.lth~ City Clerk, Room 456, Noel C. Taylor Municipal Building, 215, Church 'Avenu,e, S.W.,' Roanoke, Virginia. All partiesi" interest and, citizens may app,ear on the above date and be heard on the matier. If ,you are a person with a disability who, needs accommodations for. this hearing, pleaSe ~ontact \the City Clerk's'Offlce, ,at! ,853-2541,', befo~e noon on\ \the Thursday b,efore the 1~~~;e~1 t~e, h,~ar~ng listed I , GIVEN und,er my hand this '28th day oftJuly, 2010, I Stepha~ie M: Moon, CMC , J 'II'. City Clerk. ~; ~.: . \\ (12267919) Billing Services Representative 2r:E0~jd 6~3 :Jlltl ~3 Tl )J::BTI M I:) 5~ \'0 1V~~ I NOTICE OF PUBLIC HEARING The Council ofthe City of Roanoke will hold a public hearing on Monday, August 16,2010, 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 amend Vision 2001-2020, the City's comprehensive plan, to: (1) repeal the Melrose-Rugby Neighborhood Plan, adopted by City Council on June 18, 2001, and replace it with the Melrose-Rugby Neighborhood Plan dated July 15, 2010 ("Plan"), as amended at the public hearing on July 15, 2010, which includes the following updated priority initiatives: continue rental inspections and code enforcement, evaluate the transportation system and pedestrian/bicycle improvements, ensure continued recreational service in Eureka Park, consider the neighborhood as a focus area for federal grant funds, and update the Plan's land use map; and (2) amend the current Loudon-Melrose/Shenandoah West Neighborhood Plan, adopted by City Council on December 16,2002, to include the Loudon-Melrose/Shenandoah West Neighborhood Plan Update dated July l5, 2010, as amended at the public hearing on July 15, 2010, which includes the following updated priority initiatives for the Loudon-Melrose neighborhood: continue rental inspections and code enforcement, acquire grants to facilitate brownfield redevelopment, create a master plan for Melrose Park, consider the neighborhood as a focus area for federal grant funds, increase bicych::/pedestrian amenities, and update the land use map to identify potential changes in industrial districts, and policies and actions. Copies ofthe plans 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 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 Thun;day before the date ofthe hearing listed above. GIVEN under my hand this ~hday of July ,2010, Stephanie M. Moon, CMC City Clerk. Melrose-Rugby-Loudon-Melrose Plans-Amend Vision 2001-2020.doc Notice to Publisher: Publish in the Roanoke Times on Friday, July 30, 2010 and Friday, August 6, 2010, 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 p, Franklin Department of Planning, Building, and Development 215 Church Avenue, S. W., Room 166 Roanoke, Virginia 24011 (540) 853-1730 / NPH-Melrose-Rugby-Loudon-Melrose Plans-Amend Vision 2001-2020.doc r 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 August 18, 2010 Lucas L. Thornton Innovative Educational Partners, LLC 631 Campbell Avenue, S, E., Suite One Roanoke, Virginia 24013 Dear Mr. Thornton: JONATHAN E. CRAFT Deputy City Clerk CECEUA T. WEBB Assistant Deputy City Clerk I am enclosing copy of Ordinance No, 38935-081610 permanently vacating, discontinuing and closing a portion of 3rd Street, S, E., which is between Norfolk Avenue, S. E., and Campbell Avenue, S. E. The ordinance further ordains 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; and upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court, the applicant shall file with the City Engineer the Clerk's receipt demonstrating that such recordation has occurred. If the above conditions have not been met within 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. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 16, 2010; and is in full force and effect upon its passage. Sincerely, ~rl). ~ Stephanie M. Moon, CMC City Clerk Enclosure Lucas L. Thornton August 18, 2010 Page 2 pc: Norfolk Southern Corporation, Bill Title, 110 Franklin Road, S, E., Roanoke, Virginia 24011 Art Museum of Western Virginia, 110 Salem Avenue, S. E., Roanoke, Virginia 24011 Christopher P. Morrill, City Manager William M, Hackworth, City Attorney Ann H, Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Susan Lower, Director of Real Estate Valuation Philip Schirmer, City Engineer Martha P. Franklin, Secretary, City Planning Commission '~ ll1UO ~~ (J~:Lr IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA \ The 16th day of August, 2010. No. 38935-081610. AN ORDINANCE permanently 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, Innovative Educational Partners, LLC ("Applicant"), filed an application with the Council of the City of Roanoke, Virginia ("City Council"), in accordance with law, requesting City Council to permanently vacate, discontinue and close a certain public right-of- way described hereinafter; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by 9 30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the Applicant's Amended Application No.1, dated July 14,2010, . - has made its recommendation to Council; WHEREAS, following the Planning Commission's hearing, the Applicant submitted an Amended Application No, 2, dated July 23,2010; WHEREAS, a public hearing was held on such applications by City Council on August 16, 2010, after due and timely notice thereof as required by 9 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 applications; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-wayhave been properly notified; and O-lnnovative Educational Partners-vacate-No. 2.doc 1 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: That portion of 3rd Street, S.E., which is between Norfolk Avenue, S.E., and Campbell Avenue, S.E. 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, and subject to the .conditions set forth below, reserving however, to the City of Roanoke and any utility company or public authority, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sanitary sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across such public 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 abandornhent 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. a-Innovative Educational Partners-vacate-No. 2.doc 2 '- BE IT FURTHER ORD~INED that closure of the subject right-of-way shall be subject to the following conditions: 1, Applicant shall complete the infrastructure improvements along Campbell Avenue, S.B., and Norfolk Avenue, S.E" and a 5 foot-wide concrete public sidewalk, as shown on the 3rd Street Masterplan dated June 3, 2010, as revised July 22,2010, attached as Exhibit A to Amended Application No, 2 dated July 23,2010; 2. The proposed 5 foot-wide concrete public sidewalk illustrated along the western boundary of the site in Exhibit A to Amended Application No.2 dated July 23, 2010, shall be located within a public access easement and maintained by the Applicant, and its successors in interest, such public access easement to allow pedestrian use and use by persons on bicycles; and 3. Applicant shall relocate, or cause to be relocated, all the existing overhead utility lines traversing the subject right-of-way sought to be vacated to a location that is underground. 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. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the applicant, and the names of any other parties in interest who may so O-lnnovative Educational Partners-vacate-No. 2.doc 3 request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation, BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of one year 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 9 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~kh).~~ 0- Innovative Educational Partners-vacate-No. 2.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 August 16, 2010 Honorable David A. Bowers, Mayor Honorable David B, Trinkle, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable Raphael E. Ferris, Council Member Honorable Sherman p, Lea, Council Member Honorable Anita J, Price, Council Member Honorable Court G. Rosen, Council Member Dear Mayor Bowers and Members of City Council: Subject: Request from Innovative Educational Partners, LLC, to permanently vacate, discontinue and close that portion of Third Street, S.E., between Norfolk and Campbell Avenues, S,E. Planning Commission Recommendation: Planning Commission public hearing was held on Thursday, July 15, 2010. By a vote of 3-3 (Messrs. Futrell, Scholz and Van Hyning voting for, Messrs. Chrisman, Williams and Mrs. Penn voting against, Ms. Katz absent for vote), the motion to approve the closure of a portion of Third Street, as set out in Amended Application No.1, dated July 14, 2010, failed. Commission discussion and public comment may be found at the end of this report, Respectfully submitted, ~~ Angela Penn, Chair City Planning Commission c: Christopher p, Morrill, City Manager R. Brian Townsend, Assistant City Manager William M. Hackworth, City Attorney Applicant Members of City Council Page 2 August 16, 2010 Application Information Request: Permanent vacation of a portion of 3rd Street, SE Adjoininq Owner/applicant Innovative Educational Partners, LLC City Staff Person: Frederick Gusler, AICP Site Address/Location: 302 Campbell Ave, SE Official Tax Nos. of 4010701 adioining properties: Site Area: 12,020 square feet Existing Zoning: D Proposed Zoning: n/a Existing Land Use: Improved right-of-way Proposed Land Use: Green space for charter school, residential dwellings Neiqhborhood Plan: Downtown, Belmont/Fallon Specified Future Land Use: Downtown Filing Date: June 3,2010, Amended Application NO.1 dated 7/14/10; Amended Application NO.2 dated 7/23/10 Background The applicant purchased the adjoining property at 302 Campbell Ave, SE, and proposes to use the vacated portion of 3rd Street to create a plaza and green space to accompany the proposed charter school and residential dwellings. The applicant has surveyed the right-of-way and determined its specific metes and bounds where it abuts the right-of-way of Norfolk Southern. The applicant owns Official Tax No. 4010701. The portion of 3rd St, SE requested for vacation adjoins Norfolk Southern railroad right-of-way. The applicant states that Norfolk Southern has expressed no interest in maintaining or acquiring any of the portion of 3rd Street requested for vacation. The applicant has indicated that a written statement from Norfolk Southern confirming they have no such interest is forthcoming. 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. " Members of City Council Page 3 August 16, 2010 Vacation of the portion of 3rd Street, SE will not prohibit access to any other properties and will not change the current use of the property. Planning staff received values of the subject and adjoining properties from the Department of Real Estate Valuation. The applicant's property, Official Tax Map No. 4010701, is assessed at a value of $8.58 per square foot. The property to the west of the railroad tracks, Official Tax Map No. 4010601, is assessed at $14.46 per square foot. Staff determined that the subject portion of 3rd Street, SE, should be based on the assessment of the applicant's property and not any property to the west, since such is separated by the railroad tra.cks. Three properties to the south that are also east of the railroad tracks are assessed comparably to the applicant's. Official Tax Map Nos. 4011001, 4011101, and 4011143 are assessed at $8.58, $8.56 and $8.55 per square foot respectively. The property to the east of the applicant's, Official Tax Map No. 4010703 is assessed higher at $9.80 per square foot. All of the aforementioned properties are zoned D, Downtown. Based on the assessed value of Official Tax Map No. 4010701 at $8.58 per square foot, the 12,020 square foot portion of 3rd Street, SE, has a value of $103,131 :60. Staff informed the applicant that if improvements proposed in the rights-of-way are equal to or greater than the assessed value ($103,131.60) of the property then a recommendation would be made that the applicant should not be charged for it. The applicant provided estimates in its application. Several of the figures provided pertain to improvements on what would become the applicant's private property. However, improvements included in the estimate pertaining to public utility relocation, curb, gutter, sidewalk and street trees exceed the assessed value of $103,131.60. Thus, staff does not recommend a sale price for the portion of 3rd Street, SE. . Surroundinq Zoninq and Land Use: Zoning District Land Use North 1-2, Heavy Industrial Railroad & Machine shops South D, Downtown Various commercial East D, Downtown Various commercial West D, Downtown Various commercial Compliance with the Zoninq Ordinance: Vacation of the portion of right-of-way will not impact the zoning map. Members of City Council Page 4 August 16, 2010 Conformity with the Comprehensive Plan and Neiqhborhood Plan: The proposed vacation does not pose any conflicts with the future land use plans of the Belmont/Fallon and Downtown Neighborhood Plans. The proposed vacation is not consistent with the design principles of Vision 2001-2020 with regards to street connectivity, "Cooperative planning on the local, regional, and state levels should include design features that maintain or improve connectivity of streets." (IN P1) "Interconnected street systems should be encouraged in new development and be maintained in existing development." (IN P2) The applicant's proposed redevelopment of the property at Official Tax Map No. 4010701 meets several goals of Vision 2001-2020: "Develop economic incentives to encourage residential development in the downtown." (NH A19.) Promote local, state, and federal incentives to encourage rehabilitation of historic structures." (EC A27). "Identify underutilized commercial sites and promote revitalization." (ED A26) Public Utilities: Staff received comments from Verizon and Appalachian Power Company. Appalachian Power Company stated concerns with its existing facilities in the right-of-way. It stated that it is opposed to the request, however noted that the issues could be resolved. Verizon requested that its existing plant be grandfathered at this location. The applicant will be responsible for the relocation of any utilities, including any expense incurred in addition to what is noted in his application. City Department Comments: Transportation Staff had these comments: · The requested vacation does not pose problems in the volume of traffic. Transportation staff has observed that a substantial number of motorists use 3rd Street to access the Market area from the Wachovia Tower. This traffic will now have to continue onward to the intersection of Norfolk and Campbell Avenues. Curb and gutter should be installed at this intersection to improve the intersection's geometry. Members of City Council Page 5 August 16, 2010 . The requested vacation will remove on-street parking often used by buses. The two-hour parking on Norfolk Avenue will likely be eliminated to reserve spaces for buses. . . A minimum of ten feet should to be reserved on the north side of Norfolk Avenue for a future extension of the Rail Walk The Street Design Team discussed this request and recommends the LDV one- way typical section should be used for improvements to Norfolk Avenue on the South side, with the following adjustments: o A 10' greenwaylrail walk on the north side. . No parking on the north side' . An 11' travel lane o A 10' parking Jane on the south side for buses. . An 8' sidewalk w/trees on the south side. The Parks and Greenway Planner recommended that a wide sidewalk be installed on the south side of Norfolk Avenue to create a futuregreenway connection from the Lick Run and Mill Mountain Greenways to Tinker Greenway to the east. Staff of the Roanoke Valley Allegheny Regional Commission (RVARC) pointed out that the portion of 3rd Street requested for vacation is identified in a 2004 RVARC study done on behalf of the Metropolitan Planning Organization entitled "Lick Run and Mill Mountain Greenway Connection and Downtown Mobility Analysis." However, the study proposes that the Rail Walk be extended along this portion of 3rd Street and continue south to meet the Mill Mountain Greenway south of Elm Avenue. After visiting the site and considering the comments received, staff concluded that the sidewalk on the south side should be 5', but should be installed along with trees on the entire segment of Norfolk Avenue that adjoins the applicant's property, including the portion of street requested for vacation. Public Comments: Two citizens, Barbara Duerk and Mark Peterson said that 3rd Street is used often by cyclists from the east en route downtown. Both requested that a non- motorized right-of-way be maintained across 3rd Street if it is to be vacated. Suggestions included maintaining a public access easement and placing signage on Norfolk Avenue to allow cyclists to travel on it against the flow of traffic. Staff finds that the high level of connectivity present in the area provides for alternatives. Such a connection through the area to be vacated would not significantly enhance the level of connectivity, Members of City Council Page 6 August 16, 2010 . Planning Commission Work Session: Several Planning Commission members stated that the assessed value of $103,000 for the portion of street was too low and that property to the west was much more expensive, including the lot directly adjacent to the railroad tracks on Campbell Avenue. The Commission discussed the public comments regarding a bicycle and pedestrian connection on 3rd Street. While some felt that such a connection should be made, there was not consensus to require such. The Commission came to a consensus that the applicant should provide more improvements due to the low assessment of the property. Specifically, additional trees on Campbell Avenue, and sidewalk and trees for the length of the applicant's property along Norfolk Avenue should be conditions included in the report. Planninq Commission Discussion: Mr. Lucas Thornton appeared before the Commission and stated that his plans involved the removal of 3rd Street to accommodate new greenspace in downtown. He said that downtown would be greatly improved by additional greenspace, and that both the students, and the renters of the apartments above the school, would benefit from the greenspace. He said that various street improvements were proposed along Norfolk and Campbell Avenues, with street trees and sidewalks. He noted he would like to omit the street grates and wells, He said the total investment totaled more than $350,000, which is quite a bit higher than the total value of the section of 3rd Street. Mr. Thornton also mentioned that the plan had been developed in consultation with Norfolk Southern and the Art Museum. Ms. Katz asked if there was anything to prohibit the applicant from making this a private parking versus a public park. Mr. Thornton responded that there was not. He said that it was his sincere attempt to work with the city, but there were concerns because of liability issues. He said he would like to reach some middle ground where this could be kept open to the public, but right now it was not. Mr. Williams asked what the middle ground was. Mr. Thornton said that the principal concern is the assumed liability. He said he did not know how he might assuage the Commission's concern about the public access of the space except to suggest that is his sincere attempt to leave it open and not fence it. Mr. Van Hyning questioned the concept plan and cost figures stated by Mr. Thornton and those in the Commission's packet. Mr. Chittum said that the assessments of nearby properties were included in the report and the conditions Members of City Council Page 7 August 16,2010 had been updated with significant new pedestrian improvements as per comments made by the Commission at their work session in early July. Mr. Gusler summarized the changes between the old and new concept plans. . Mr. Williams and Mr. Chrisman noted that the planting strip the applicant proposed was not appropriate for a downtown street. Mr. Scholz asked what precedent this could set in the downtown district, as far as the applicant proposing a more suburban street design. Staff said that it was not common that we get applications in downtown with streetscape elements. He said it was a concern; however this is on the edge of downtown. Mr. Williams said that we were trying to extend downtown. He said he thought it would be desirable to do a streetscape in accordance with the elements in the Street Design Guidelines. He said we always want to lean on the private sector to do most of our infrastructure improvements at sites like this. He asked if there was some way for the Commission to recommend to City Council to put some money toward making changes to the plan to improve it. He said he would like to see the trees along Norfolk Avenue and the sidewalk and trees along Campbell Avenue. He also said he was very much in favor of maintaining the bike and pedestrian connectivity across this piece of property where 3rd Street is Mr. Van Hyning said he wanted to understand what was being proposed along Norfolk Avenue. He asked if it was a five foot sidewalk along the building, a two foot planting strip and curb and gutter, for a total of seven feet. He questioned if the addition of street grates and an additional two feet of sidewalk was all that would be needed to make the improvements in conformance with the street design guidelines, Mr. Scholz said he thought it would be problematic to fence off the property. Mr. Talevi stated that when closing a street, the City gives up whatever right the public has to the right-of-way and then it becomes private property. He said he did not think we could very well close a right-of-ay and have some of it remain public. Mr. Thornton said that the new project included infrastructure improvements along 3rd, Campbell and Norfolk Avenues at around $350,000. He said it was his sincere attempt to keep the area open to the public but it was difficult to find a legal instrument to do so. Barbara Duerk (2607 Rosalind Avenue, S.W. appeared before the Commission and said she would like for the City to provide an easement for pedestrians and bicyclists to have access. Members of City Council Page 8 August 16, 2010 Mrs. Penn asked if it was the pleasure of the Commission to ask the applicant to consider the easement along 3rd Street for a public right-of-way. She asked if there was any desire to make that request of the applicant. Mr. Talevi asked if there was any reason by we could close all of 3rd Street except for the strip the Commission wishes to consider as an easement. He said there are problems with who has access to and who maintains easements. Mr. Chittum said that Mr. Thornton has put his application on the table and if the Commission wants to retain a sliver of the right-of-way through it, the Commission does not know where that sliver of right-of-way needs to be. He said that retaining a certain portion of the right-of-way had not been discussed and he thought that if the Commission wanted to see some right-of-way retained between Campbell and Norfolk Avenues, they should ask Mr. Thornton to bring them back a plan showing that. Mr. Thornton commented that the current location of the railroad right-of-way is in the middle of the sidewalk on 3rd Street. He said that if the City was to propose an easement of such and were to remove and relocate the power lines, his ability would be adversely affected by the retention of the easement. Mr. Thornton said he was trying to relocate the lines underground in a strip of land owned by Norfolk Southern. ' Mrs. Penn asked Mr. Thornton if he would like the application to be considered as submitted or if he would like to resubmit the application. Mr. Thornton said he would like the commission to consider the application as it stood, ., , JQ:: , "-,.' Qffj9~;Qf.:t6~,Si~91~rH;,. 'f .',.:, , "~ ""'.. .' ~...16...'.U.... i1..........1l...,....F.19.... 8f.....i..'.,N... p.'.,...e.,.. y~..".,_;I~.YJgr.. Muhi~ipaL~~i!.Qi~g" 2: ..5'Chi:NchAvei;!ue" S:W, , " Bo~rioke; V~'246'r1 ',," ":;; .' ' Bh,~h#i:(~~~,',~~}.~~~t ',F a'x:: '(5~g)B8J.;1 t~~; ~I/, s"!~mittl!l~imf.ls.(b8'lyp9daiJd)in~/H~e ~/i;etl.;;jr!t!~9f~inentatl()n;anda. i:1iec~:f6r't~e filing fee, Application is herebysubmltte~forstreet oraUey vacation'for the propertyl(.>cated at: toca~ion;anddescfjption of street or alley to' be closed: .$,ee 'Att'aehEitl. :..' ... _h~ - .., ,,- !..<,''''~__ " ,f ." ';.-~ -,,,:'" ,'"," -,. ';..,f,"""J'" '-. ^'i") ,;' '. >.'" ..' Propos,ed l,Jseof v~'patea street or ~lIey: See. Attached ,'; A . ,J, '.., Namepf APplibahtl6~AtactPersob: INN0'vATt'V:E:,'EDT:JcfATIONAL P'ARTNERS. Ltc M~iling,:,N:tdre$s,: " 931 . 'Campbell Ave; "Suiit'e One, ":"RoaiioR'e~c' .V:A .' i 4oE3 ::'. : ."~ ';\-4 ,., \. Teleptld~e::'(5,4,Q . .5'29;'\;2i:J!9J";if,~X::,("~:;, ,,-'Nj/A.r:, " . "~ '. ,,' "', ' .. - ,"".. .. - ,",~" ., 'Hf ~ .. :!' .. --.:'"..;. cj-" " E~J;l1ail:lu~';;s~,1'_b\16~Il1:bri@'grn~'!i] ~co. ITI. . >' "'^:; '>~'.",,'" ". '. " -','-.. .,.' . ,T .,-- . '?:.~: -',c - f\ .,-.c'" ;". -:, ','" .~~ Appliq~Ht(~): si9i(u~ture!~): ,~,..."...., '~"'" . . . . . . '::,,':;f',t'''' ';''''~-';''':i-,,~:;,,:,:,: ....t,' ',~ '.~... ':'. "', ,_ '. ~",,__ --:"'",""""":'~ ',." ''', ".,', -1 "j;~'<o,.";j"'., _."'-':""""" .. ::.,,'., .':.,' "__" -,'. c' 0 < ~ . ,~ ':'-' .. '~'.- r,'" ,'{}; ',,' ':,(;'" ;'.:" ." ,,~. . ~.<:..'.;;,< ,~ ,'. "/\',1';,. ','~'" -'_. ,Jft.' '<':-..' -,..,'-"J'" ~: ~. ;-,.; t "f. I i ! j I j. i k 1\ '. ; ~ f.. v j: , . . }, . "; 3rd Street Riaht of Way Narrative Reauest: The purpo_se ofthis request is to permanently vacate 3rd Street between its termination point on Norfolk Avenue and the intersection of Campbell Avenue S,E, The proposed street vacation will allow for a comprehensive transition from an underutilized and largely unimproved street with limited connective value to a highly visible landscape that returns a natural environment with landscape plantings and provides critical greenspace for the downtown community and the public good, This vacation promotes many ofthe goals outlined by different departments in the Vision 2001 - 2020 planning guide. Along with this additional interior greenspace for the downtown area, the overhead railroad utility lines are being relocated underground to provide a more aesthetic.ally pleasing atmosphere for this highly visible site, The improved area will have plazas, benches, areas for passive recreation, and abundant landscaping. The undemtilized area is highly visible from many vantage points within the surrounding area including Wil.liamson Road, Iilterstate 581, and adjacent street networks, The site will remain unfenced with the exception of security fencing along the existing rail line for pedestrian safety, Norfolk Southern has mentioned several instances where vehic1esha,,~e be@ in contact vv'ith the existing railroad signal crossing allhe comer oOrd Streel:1ncl G:ampbell A vellt/e. This vacation will prevent this vehiculat traffic .ITom making this turning movel11enr and p<,)tGntialJy prevent ncldilionatsignal <.:ros~ing damage. Site lighting will be providGd where necessary to deliver safety torilldividual~ using tj)e site: Site llghting will be pedestrian in scale with traditional styled xtreel lamps and downw:ml shielded light spread, AJ I exiHting public utilities located within the vacated portion of the dght of way will have suitable easements provided for each as required by the individual utility prov1ders. This vacation request is being developed in concert with the improvements being proposed for the adjacent prope11y of 302 Campbell A venue. The opportunity to improve this critical corridor into the City of Roanoke from points east is an opportunity to provide a valuable amenity to the City without having to utilize public funds, ~. .. .~.:.~ .VACATION REQUEST,~ ~'j~~ ~:;.~ ,..~ -,' .... .- : ;... ~,/ ..,' ,_ Ii:' ,C ~~.~~ 127 ViainityM.a:p ,City of Roanoke" Virginia 01 .. \'~ t!: ~ . ", l' I IIlq'~; ; .... '., I ."". r ! ..."..: . '..: I ,> ~ I .,; t t;.o,. \: B1\LZEQ "n.Np.ASG.O,G!ATES INC. Adioinine PropertY Owners of3rd Street Weht ofWav City off{oanoke Tax #: 4010701 Property Address: 302 Campbell Avenue S,E, Owner: Art Museum of West em Virginia Mailing Address: 110 Salem Avenue S,E, Roanoke, V A24011 Zoning: D- Downtown City of Roanoke 'l~ax #: n/a Property Address: Railroad Right of Way Qwner: Norfolk Southern Corporation Mailing Address: 1200 Peachtree Strt:t:l, NB, 12th PlOOf Allanta, GA 30309 Zoning: n!a REFLECTINC TOMORROW PORTION OF 3RD STREET,S,E. to be Vacated BEGINNING AT A POINT at the northeasterly intersection of the Right-of-Way line of Campbell Avenue, S,E. and 3m Street, S,E. being the southwesterly comer of N/F Art Museum of Western Virginia (Instrument #040019150, City of Roanoke Tax Map #4010701); thence along a new line through the Right-of-W~ line of 3m Street, S,E. N88049'47'W, 50,00 feet to a point on the westerly Right-of-Way line of 3 Street, S.E., being the southeasterly comer of N/F Norfolk & Western Railway Company (Deed Book 968, Page 5 & Deed Book 642, Page 311, No Tax Number Available); thence along the westerly Right-of.:.Way line of 3m Street, S,E. being the easterly line of said Norfolk property N01015'07"E, 252.30 feet to a point on the southerly Right-of-Way line of Norfolk Avenue, S.E.; thence along a new line through the Right-of-Way line of 3m Street, S.E. S63021 '53"E, 55,34 feet to a point on the easterly Right-of-Way line of 3m Street, S.E., being the northwesterly corner of said Art Museum property; thence along the easterly Right-of-Way line of 3rd Street, S,E. being the westerly line of said Art Museum property S01015'07'W, 228.48 feet to the POINT OF BEGINNING, containing 12,020 square feet and being the portion of 3m Street, S:E. (Formerly Holliday Street) between Campbell Avenue, S.E. & Norfolk Avenue, S,E. PLANNERS . ARCHITECTS . ENGINEERS . SURVEYORS ROANOKE , RICHMOND ' NEW RIVER VALLEY , SHENANDOAH VAUEY 1208 Corporate Circle · Roanoke. Virginia 24018 . (5401 772-9580. FAX (540) 772-8050 www.balzer.cc PROJECT: INNOVATIVE EDUCATIONAL PARTNERS LLC (3RD STREET IMPROVEMENTS) LOCALITY: City of Roanoke JOB NUMBER: R1000012.00 DATE: 6/3/2010 QUANTITY. 1 605 94.0 175 7 160 2 7 1 CONSTRUCTION UNIT ITEM L.S. R.R. UTILITY POLE RELOCATION LF CURB & GUTTER/SIDEWALK REMOVAL S,Y, PAVEMENT REMOVAL (3RD ST.} LF CG-6 INST ALLA liON EA. STREET TREES LF SIDEWALK INSTALLATION L.8. ON-SITE PLAZAS EA BENCHES L.S. ON-SITE LANDSCAPING EA STORM DRAIN MODIFICATION TOTAL COST OF IMPROVEMENTS REFLECTING TOMORROW CONSTRUCTION CONSTRUCTION UNIT COST COST (TOTAL) $100,000,00 $100,000.00 $4.00 $2,420.00 $6,00 $5,640.00 $21,00 $:~,675.00 $350.00 $2,450.00 $35.00 $5,600.00 $'10,000,00 $20,000.00 $550.00 $3,850.00 $12,000.00 $12,000.00 $5,000.00 $5,000.00 $160,635.00 I j .l : ~ PROJECT: INNOVATIVE EDUCATIONAL PARTNERS LLC (3RD STREET IMPROVEMENTS) Z o ~ Ob 9z 011I w- 11I0 ~~ ~~~' Q.~~ wt)::> I ",Ill 1->0 ==W-l ~ID~ 11I0 Ol-</. 1->-::> 1II~t; -,< Iu..Z 00< 1-, wI-I- ~IZ lIIow IIIC:~ Xu.. 0:: I-O~ u..ZO:: 000 1-1=1- ZO::O ~OW ZQ.O ;:;<t5 Iu..1- I-O~ ~o wz Z;:) ~o a 8"- z o~ W wOo <-' ~z W....]O -1 00 Q: O! ~ Il) ... 01 ... g 'It- ~ I...: ~ "" ~ ~ -.;:. ).. ~ l..J ~ as u :::~ )..ll)'")~ ~~~~ k:::!~;~(l) ~~<Q",~ ;;:0,:1;:::> !l::1l:i ~ ~cill:i'" t::l ci~ :t ~ ~ ~ ~ i;l ~ ~ I l..J. i;l<:::l q:"'! ~~ ~~ ~~ "- S:l Il) ... ~ ~ f?~~ 1Il~ c:::a" '")~\;j ~Q)tl: ).......:::e ~i:l~ e~~ III <;:l '" .... 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'3'9 '3nN~~~8d~VO ~i' ;i' f t; ---- .- I~ 1= ~ ~Ij I ~ lid! ~ 11:1' 1 iul 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 August 16, 2010 Honorable David A. Bowers, Mayor Honorable David B. Trinkle, Vice Mayor Honorable William D, Bestpitch, Council Member Honorable Raphael E, Ferris, Council Member Honorable Sherman p, Lea, Council Member Honorable Anita J, Price, Council Member Honorable Court G. Rosen, Council Member Dear Mayor Bowers and Members of City Council: Subject: Request from Innovative Educational Partners, LLC, to permanently vacate, discontinue and close that portion of Third Street, S.E., between Norfolk and Campbell Avenues, S.E. As reflected in the report from Angela Penn, Planning Commission Chairman, of the above-referenced matter, the Planning Commission did not recommend approval of the application, If the City Council decides to approve the application, as amended, staff recommends that the following conditions be imposed: 1 . The applicant shall complete the infrastructure improvements along Campbell and Norfolk Avenues, and the "5' concrete public sidewalk," as shown on the "3rd Street Master Plan," dated July 22, 2010, with the additional requirement that the planting strip between the sidewalk and curb be substituted with additional sidewalk width and that trees be located in wells, such design being consistent with the Street Design Guidelines for downtown. 2, The proposed 5' concrete public sidewalk illustrated along the western boundary of the site shall be located within a public access easement. 3. The applicant shall relocate, or cause to be relocated, all the existing overhead utility lines traversing the subject right-of-way to a location that is underground, 4, 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 Members of City Council Page 2 August 16, 2010 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. 5 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. 6. 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. 7. 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. Staff further recommends that the right-of-way be conveyed to the applicant with no payment made to the City. The applicant proposes public infrastructure improvements that exceed the value of the right-of-way, Conditions 1,2, and 3 above relate to the commitment to such improvements. Conditions 4, 5, 6 and 7 are standard conditions placed on all right-of-way vacations. mC01~ Chris Chittum, AICP, Agenf City Planning Commission c: Christopher P. Morrill, City Manager R. Brian Townsend, Assistant City Manager William M. Hackworth, City Attorney Applicant To'::, . .. '... ,j. . - c"" ..' '9!fice:,6i,~e,6itY:Q)~rk,:'.. ...... ..' .., ' f9.!Jrth"ifJ9.QSi :N.P~~t~..T~YI9r Municip~J',!:luill;ling 2~S 9hurch AVf3nue'" S.W. .. , . Rbahoke,VA:24()11 '" .' , . 'BI1PQe:';(540)853F2,54Jf7ax:: (54,O(~5'3h1~9 1:' .. , .. I . .. . :'A!.j1sulil'niit~l,s :mus~:6eJty~' and.ill~/ud~iall'fequ'~ddocu.m:,ntatlori :anCi:a:cheek'foi"theflling ft!9. '. ' ,.. "',~' - .. " ,', .. " .. - i Application i~ 't.1ereby sUbmit1ed fQr sfr,~t or.alley vacatlon;forthe. propertY located at: ,bocation and aesqrlppoh 6f~treet or a!ley to be CIOSeq:4.: See Attaql1ed . -, -'-...-,. .~---- ..,.",-... .... ,- "',- ',--".,-,"'-, Pr9PQ.sed LJ!.?e of vacated street or alley: See Attached "';,'-'-~..'~;'- ..:.':"-,-",-"" . ",,--. ~-"..'" . ..... . ;" .y. J.-! " -- ";"", f\tarne.of A'pplicahtlCo9tactl'?erson: ;!;NNOV~.T:(vT$,:EPUCATldN~I.. PARTNE~S; itc lV1aiftn~ Adar,ess: d " ~:3;1,A:~p,rnpP'e;tJ:, lfve", S~lj;;teOne ',Roi:frieJl.:e~ ,vA":2~,O 13 , ;.1" " '0 .~ c.- <; 1eiephorie?~':40)" . ~'::,f\ppii~a.nt(~) ,gig'rlatpre (5): " " ,f. r ',f . f ;, .,',. ';-. ~ < :$[; '/ , ;f i" 3rd Street Riaht of Way Narrative Reauest: The purpose of this request is to permanently vacate 3rd Street between its termination point on Norfolk A vei1ue and the intersection of Campbell Avenue S.E. The proposed street vacation will allow for a comprehensive transition from an underutilized and largely unimproved street with limited connective value to a highly visible landscape that returns a natural environment with landscape plantings and provides critical greenspace for the downtown community and the public good. This vacation promotes many of the goals outlined by different departments in the Vision 2001 - 2020 planning guide, Along with this additional interior greenspace for the downtown area, the overhead r~lroad utility lines are being relocated underground to provide a more aesthetically pleasing atmosphere for this highly visible site. The improved area will have plazas, benches, areas for passive recreation, and abundant landscaping, The underutilized area is highly visible from many vantage points within the surrounding area including Williamson Road, Interstate 581, and adjacent street networks. The site will remain unfenced with the exception of security fencing along the existing rail line for pedestrian safety, Norfolk Southern has mentioned several instances where vehicles have been in contact with the existing railroad signal crossing at the comer of 3 rd Street and Campbell Avenue, This vacation will prevent this vehicular traffic from making this turning movement and potentially prevent additional signal crossing damage, Site lighting will be provided where necessary to deliver safety for individuals using the site, Site lighting will be pedestrian in scale with traditional styled street lamps and downward shielded light spread. All existing public utilities located within the vacated portion of the right of way will have suitable easements provided for each as required by the individual utility providers, This vacation request is being developed in concert with the improvements being proposed for the adjacent property of302 Campbell Avenue. The opportunity to improve this critical corridor into the City of Roanoke from points east is an opportunity to provide a valuable amenity to the City without having to utilize public funds, .. " ;f~ VACATION REQUEST AREA Vicinity Map City of Roanoke, Virginia A,A.T"~,'.'."} t),l?fiJt1L~' "\:>: Ir~\~"IlF'IWI'I;~"'fl~'I~~' ....TO.\IUJ:lWW. !"..\IIIS I: liS. ^ 1((' 1111 ni'l.s" f. N(; IN 1'.11 R S.SIi It V li.V'()HS \f ,~~ >' REFl...ECTINC TOMORROW Adioininsz Property Owners of 3rd Street Riot of W BV City of Roanoke Tax #: 4010701 Property Address: 302 Campbell Avenue S.E. Owner: Art Museum of Western Virginia Mailing Address: 110 Salem Avenue S,E. Roanoke, VA 24011 Zoning: D- Downtown City of Roanoke Tax #: nla Property Address: Railroad Right of Way Owner: Norfolk Southern Corporation Mailing Address: 1200 Peachtree Street, NE, 12th Floor Atlanta, GA 30309 Zoning: nla " z o 8~ 00 -'z oen w- eno Oz ~< . 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" <( Z B~o !!:00'b >NNr<'l WNOII :lC 0 owo. zzo~ ~ ::J;r .. a::'=It:~ o <( lLWWU O!;;(OUl 0' ~ i3 ZU ...J, ,W Z::.:: ~J: au 0Cl ~ o CI)<<t It:N ~~ >(1) It:-E O::JC: ~CI)g 0Cl cr ~CI)(I) 'I' It: '0 I' w.= I wU ~~ClJ II) ,,'0 ..Z(j xwa. <( .... u.. 0 o Cl)u 0Cl ~ 0Cl II)Uo mWN I l::~ ~::t:' I'ug Ilt:- 0< . <<t <II 11), (I) "CI)E ...Jlt:U ~w~ Z<II ~: a..... ClJ N '0 CD " .'(' REFLECTING TOMORROW PORTION OF3RD STREET, S.E. to be Vacated BEGINNING AT A POINT at the northeasterty intersection of the Right-of-Way line of Campbell Avenue, S.E. and 3rd Street, S.E. being the so~hwesterly comer of N/F Art Museum of Western Virginia (Instrument #040019150, City of Roanoke Tax Map #4(10701); thence along a new line through the Right-of-W~ line of 3rd Street, S,.E. N88049'47'W, 50;00 feet to a point on the westerly Right-of-Way line of 3 Street, S.E" being the southeasterly comer of N/F Norfolk & Western Railway Company (Deed Book 968, Page 5 & Deed Book 642, Page 311, No Tax Number Available); thence along the westerly Right-of-Way line of 3rd Street, S.E. being the easterly line of said Norfolk property N01015'07"E, 252.30 feet to a point on the southerlY Right-of-Way line of Norfolk Avenue, S.E.; thence along a new line through the Right-of-Way line of 3rd Street, S.E. S63021 '53"E, 55.34 feet to a point on the easterly Right-of-Way line of 3"' Street, S.E., being the northwesterly comer of said Art Museum property; thence along the easterly Right-of-Way line of 3rd Street, S.E. being the westerly line of said Art Museum property S01015'07'W, 228.48 feet to the POINT OF BEGINNING, containing 12,020 square feet and being the portion of 3rd Street, S,E. (Formerly Holliday Street) between Campbell Avenue, S.E. & Norfolk Avenue, S.E, PLANNERS . ARCHITECTS . ENGINEERS . SURVEYORS ROANOKE · RICHMOND . NEW RIVER V A/J.EY . SHENANDOAH V AUEY 1208 Corporate Circle - Roanoke. Virginia 24018 -(540) 772-95f!IJ - FAX (540) 772-8050 www.balzer.cc Ii ! ullllllllllllli III I :I ~~o~ 011 'd'3'1 Iq;~~~li i II Ii I; 4=1 ' !IX IW: \11_ '3>lOlWOll "" AJJO " \ \ \ \ '\ \ \ , r I! '\ , , u , ::Ill ! " , >I' '. ~ :r2. ~ \ ~Ibl&; \ 2~G~' \ ~ ~i ~ \ II ~ \ ~. J ~ ~ \ \ :: e I . ~f n. ,J.O' . '.,...q .. . M/I:l,()9 i e~ '3'8 '3nN3NIf 1138dVII'v'O I ;1 i l!s .-- -- -- -- -- -- - z S ~ ~I- gj H-I ~ 'lii~1 I!! 1'_ iii liillJ i The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times --------------------------------------------------+------------------------ INNOVATIVE EDUCATIONAL PARTNER 631 CAMPBELL AVENUE, SE, ROANOKE VA 24013 REFERENCE: 80174490 12268549 NPH-Innovative Educa ,- I NOTICE OF PUBUC . HEARING The Council of the City of I Roanoke will hold a PUbliCI hearing on Monday, August 116,2010, at 7:00 p.m., or, as soon thereafter as the' matter may be heard, in the I Council Chamber, fourth floor, inthe Noel C. Taylor Municipal Building, 2151' Church Avenue, S.W., Roanoke, Virginia, to consider the following: Request from Innovative I ! Educational Partners, LLC,! i to permanently vacate.! j discontinue and close that I I'J portion of Third Street, S.E., . I which is between Norfolk J and Campbell Avenues, S.E. i ,A copy of the application is , available for review in the I' Offi.ce'Of the City CI~r~,' Room 456, Noel C: Taylor Municipal Building, 215 j Church Avenue, S.W.! Roanoke, Virginia, . . All parties in interest and citizens may appear on the above date and be heard on the mailer. 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 28th day of July, 2010. Stephanie M. Moon, CMC City Clerk., I ----L 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 ___~tb_day of AUG 2010. Witness my hand and official seal. l~~. \~~.^ _~~~~__ Notary Public (12268549) PUBLISHED ON: 07/30 08/06 ~\I"\I,"UI""'I .Ii"" 'If''II.~ A Vi'" So'" .v1 " ..~i<"'~ ....... lA_', '1ft" ~~~ .... P#I?. '" ~ (l)' ..- NOTARy". ~ -:. : ... I'USUC ... ~ ~ ~ '* f REG. #7090930 ~ *.~ i t';! ~ MY COMMISSION: : ~~'. ~(jR~ : ~:: ~~"..;- : l-::I)'''~ ~ ..:~~. .' 0..(5 ... '; '" t 1,..,' ~",' "';;; IlLTH Q'r ~"", I",,,,,,,,,, TOTAL COST: FILED ON: 318.24 08/06/10 --------------------------------------------------+------------------------ Authorized ~ J- Signature'__~~~- _ '\. Billing Services Representative _ .- i \roJ"ll'J j..ll 'J - .-..' l \. 110:1 2V;Sv)~\d bit) ~J\\\j \) · ~~o NOTICE OF PUBLIC HEARING The Council ofthe City of Roanoke will hold a public hearing on Monday, August 16,2010, 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 Innovative Educational Partners, LLC, to permanently vacate, discontinue and close that portion of Third Street, S.E., which is between Norfolk and Campbell Avenues, S.E. 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 of the hearing listed above. GIVEN under my hand this 28tltlayof July ,2010. Stephanie M. Moon, CMC City Clerk. Innovative Educational Partners-vacate Third Street.doc Notice to Publisher: Publish in the Roanoke Times on Friday, July 30, 2010 and Friday, August 6, 2010. 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: Lucas L. Thornton Innovative Educational Partners, LLC 631 Campbell Avenue, S. E., Suite One Roanoke, Virginia 24013 NPH-Innovative Educational Partners-Vacate Third Street.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roa!lokeva.gov STEPHANIE M. MOON, CMC City Clerk JONATHAN E. CRAFT Deputy City Clerk July 28, 2010 CECELIA T. WEBB Assistant Deputy City Clerk Lucas L. Thornton Innovative Educational Partners, LLC 631 Campbell Avenue, S. E., Suite One Roanoke, Virginia 24013 Dear Mr. Thornton: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, August 16,2010, 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 Innovative Educational Partners, LLC, to permanently vacate, discontinue and close that portion of Third Street, S. E., which is between Norfolk and Campbell Avenues, S. E. For your information, I am enclosing copy of a notice of public hearing. Please review the document and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 540-853-2431. It will be necessary for you, or your representative, to be present at the August 16th public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, ~~~..~: c~ 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 STEPHANIE M. MOON, CMC City Clerk JONATHAN E. CRAFT Deputy City Clerk July 28,2010 CECELIA T. WEBB Assistant Deputy City Clerk Norfolk Southern Corporation c/o Bill Title 110 Franklin Road, S. E. Roanoke, Virginia 24013 Art Museum of Western Virginia 110 Salem Avenue, S. E. Roanoke, Virginia 24011 Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, August 16,2010, 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 Innovative Educational Partners, LLC, to permanently vacate, discontinue and close that portion of Third Street, S. E., which is between Norfolk and Campbell Avenues, S. E. This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning, Building and Development at 540-853-1730. If you would like to receive a copy of the report of the City Planning Commission, please call the City Clerk's Office at 540-853-2541. Sincerely, ~rf/. ~ Stephanie M. Moon, CMC City Clerk SMM:ctw CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. yv., 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 Martha P. Franklin, Secretary City Planning Commission Roanoke, Virginia Dear Ms. Franklin: July 28,2010 FILE COPY JONATHAN E. CRAFT Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk Pursuant to Section 36.1-690(e), Code of the City of Roanoke (1979), as amended, I am attaching copy of an Amended Application No. 1 for Street or Alley Vacation received in the City Clerk's Office on July 23, 2010, from Innovative Educational Partners LLC requesting that a portion of 3rd Street between its termination point on Norfolk Avenue and the intersection of Campbell Avenue, S. E., be permanently vacated, discontinued and closed. SMM:ew Enclosure Sincerely, ~ c..:..v Yv). h'I,.. ~ Stephanie M. Moon, C~ City Clerk pc: The Honorable Mayor and Members of the Roanoke City Council Innovative Educational' Partners LLC) 631 Campbell Avenue, S. E., Suite One, Roanoke, Virginia 24011 Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney FILE COPY 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 July 28,2010 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 Amended Application No. 2 for Street or Alley Vacation received in the City Clerk's Office on July 23, 2010, from Innovative Educational Partners LLC requesting that a portion of 3~d Street between its termination point on Norfolk Avenue and the intersection of Campbell Avenue, S. E., be perm,anently vacated, discontinued and closed. ' Sincerely, JHU~~ m.~ Stephanie M. Moon, CMC City Clerk SMM:ew Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council Innovative Educational Partners LLC" 631 Campbell Avenue, S. E., Suite One, Roanoke, Virginia 24011 Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney STREET CLOSURE REQUEST Innovative Educational Partners, LLC, 3rd Street, S.E. )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 2nd day of July, 2010, notices of a public hearing to be held on the 15th day of July, 2010, on the request captioned above to the owner or agent of the parcels as set out below: Tax No. Owner Mailinq Address railroad ROW Norfolk Southern Corp. c/o Bill Title 110 Franklin Road, SE Roanoke, VA 24011 4010701 Art Museum of Western VA 110 Salem Avenue, SE Roanoke,VA 24011 ~~o;Y&r~ Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 2nd day of July, 2010. ~~f~ My Commission Expires: 2/ LC{ 2...0 u REBECCA JO COCKRAM NOTARY PUBLIC Commonwealth of Virginia \ Reg.#166135~ 1~~12911 Mv 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: c1erk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk June 4,2010 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 June 4, 2010, from Innovative Educational Partners LLC requesting that a portion of 3rd Street between its termination point on Norfolk Avenue and the intersection of Campbell Avenue, S. E., be permanently vacated, discontinued and closed. Sincerely, f-n hJ(}~ Stephanie M. Moon, CMC City Clerk S M M: ew Enclosu re pc: The Honorable Mayor and Members of the Roanoke City Council Innovative Ed.ucational Partners LLC 631 Campbell Avenue, S. E., Suite One, Roanoke, Virginia 24011 Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney J(~ APPLICATION STREET OR ALLEY VACATION 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 Da~: June 3, 2010 . --;-O;;~iha; A~p'~~a~i~h:--'l 1 , 0 Amended Application j . No._ _._._.'~._~_..c ~. ._..__ _____".. _~__~~J 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: See P.ttached Proposed use of vacated street or alley: See Attached Name of Applicant/Contact Person: INNOVATIVE EDUCATIONAL PARTNERS LLC Mailing Address: ~31 Campbell Ave, Suite One Roanoke, VA 24013 Telephone: {5:40) 529-2191 Fax: Applicant(s) sig~ature(s): ~ N/A E_mail:LUCAS..:;L...THORNTON@GMAII.COM r-;). Q ~4 -- 5 3rd Street Riaht of Way Narrative Reauest: The purpose ofthis request is to permanently vacate 3rd Street between its termination point on Norfolk Avenue and the intersection of Campbell Avenue S.E. The proposed street vacation will allow for a comprehensive transition from an underutilized and largely unimproved street with limited connective value to a highly visible landscape that returns a natural environment with landscape plantings and provides critical greenspace for the downtown community and the public good. This vacation promotes many of the goals outlined by different departments in the Vision 2001 - 2020 planning guide. Along with this additional interior greenspace for the downtown area, the overhead railroad utility lines are being relocated underground to provide a more aesthetically pleasing atmosphere for this highly visible site. The improved area will have plazas, benches, areas for passive recreation, and abundant landscaping. The underutilized area is highly visible from many vantage points within the surrounding area including Williamson Road; Interstate 581, and adjacent street networks. The site will remain unfenced with the exception of security fencing along the existing rail line for pedestrian safety. Norfolk Southern has mentioned several instances where vehicles have been in contact with the existing railroad signal crossing at the cornerof3rd Street and Campbell Avenue. This vacation will prevent this vehicular traffic from making this turning movement and potentially prevent additional signal crossing damage. Site lighting will be provided where necessary to deliver safety for individuals using the site. Site lighting will be pedestrian in scale with traditional styled street lamps and downward shielded light spread. All existing public utilities located within the vacated portion of the right of way will have suitable easements provided for each as required by the individual utility providers. This vacation request is being developed in concert with the improvements being proposed for the adjacent property of 302 Campbell A venue. The opportunity to improve this critical corridor into the City of Roanoke from points east is an opportunity to provide a valuable amenity to the City without having to utilize public funds. VACATION REQUEST AREA Vicinity Map City of Roanoke, Virginia InFu.:('TI:--(; TO.\IOl{IW\\' I'\.ANS l'.R S. ARC 1111 Eel S .': S (; I:\: E I>; Il ~. s.1J 1t V l~;r CUt S IJ.............~............'.....:......'.........,.......:....'..........'......:.. .. " . -" ",' , , " -"" . . . - , .. .- ',' -, .. "'",' . - , - . , . ',' - . , , . -... ... .. , ....... ,-' AN6' "ASSO'C1ATES. . ItJC' Adioinin2: Property Owners of 3rd Street Ri2:ht of Way City of Roanoke Tax #: 4010701 Property Address: 302 Campbell Avenue S.E. Owner: Art Museum of Western Virginia Mailing Address: 110 Salem Avenue S.E. Roanoke, VA 24011 Zoning: D- Downtown City of Roanoke Tax #: n/a Property Address: Railroad Right of Way Owner: Norfolk Southern Corporation Mailing Address: 1200 Peachtree Street, NE, lih Floor Atlanta, GA 30309 Zoning: n/a PROJECT: INNOVATIVE EDUCATIONAL PARTNERS LLC (3RD STREET IMPROVEMENTS) .. n " .. ... 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I 3: I Q::: I- l- e> w 0:: lJ...m o " :::!; ~ ~ ~ :s: ?:\::) ~lC)-- ~~~ t8C;2 ~~\::)\::) <~~~ "<-I--:~ ::3fJ)f-: lJ.J~ ~ ~ h... Q:: "Z z 0:C wt: ~~ 0::0 Ow L.a...> 0::0:: Ww a.. <11 >-m wO ~w ::::>0:: <I1W ~ o .J<I1 wW G:Z ::J <( z~ 0::J a..i= ::::>::::> 00 wz <11::::> <(0 COo:: wO O::w <> zO om w<( e5c(j :Cow ZZv) ~::::> ,....,9..: ~. S, o ~//~" 4t cY..f4t~..? ' ~ ~ ~ /0 "i/-- -(cYt>f.y-1/~ '" , 0"" "-... :('~t>-::---e ,ft) # " <- ~~b~/O <:6 .,;l ~cYo'-'1/t>-~~ ~ 'S ".('~.I'~ \\ ~U/l/ . <.::> ' J$..(' . ~.n ~ ~ ;;b Ss ..9s '\ '0~ '" ~ "? f-.: ~ <..:) lr) >- ~ --. -.J -.J CJ ::t >- ~ ltJ ~ ~ CJ ~ li:. s: '-=-a:: I!l VI U '" w 0 5 ~ ~ Vl o 0 VI lQ ei w z w 5 ~ ll. 15 o 0 :;!; Z -0 e> 0 ~oo- >N .0 Nr<) - ,- wN'o II ~ 0 owo= ZzO'- <(~,- 0-,0::: .. 0::: ::tt::~ o <( lJ...Wmu Ol-O(/) <("J )-0 I- U ZU --.J"J "Jm .. .. Z~ 0::: I OU CO o (J)""" o:::N O' ~g >Q) o:::~ o::::>g ~(J)g co 0::: I N(J)Q) ~ 0::: U ~w.~ 'wu ~ZQ) If) ,,-0 ooZo xwo. <( I... lJ... 0 REFLECTING TOMORROW PORTION OF 3RD STREET, S.E. to be Vacated BEGINNING AT A POINT at the northeasterly intersection of the Right-of-Way line of Campbell Avenue, S.E. and 3rd Street, S.E. being the southwesterly corner of N/F Art Museum of Western Virginia (Instrument #040019150, City of Roanoke Tax Map #4010701); thence along a new line through the Right-of-W~ line of 3rd Street, S.E. N88049'4TW, 50.00 feet to a point on the westerly Right-of-Way line of 3 Street, S.E., being the southeasterly corner of N/F Norfolk & Western Railway Company (Deed Book 968, Page 5 & Deed Book 642, Page 311, No Tax Number Available); thence along the westerly Right-of-Way line of 3rd Street, S.E. being the easterly line of said Norfolk property N01015'07"E, 252.30 feet to a point on the southerly Right-of-Way line of Norfolk Avenue, S.E.; thence along a new line through the Right-of-Way line of 3rd Street, S.E. S63021'53"E, 55.34 feet to a point on the easterly Right-of-Way line of 3rd Street, S.E., being the northwesterly comer of said Art Museum property; thence along the easterly Right-of-Way line of 3rd Street, S.E. being the westerly line of said Art Museum property S01015'07"W, 228.48 feet to the POINT OF BEGINNING, containing 12,020 square feet and being the portion of 3rd Street, S.E. (Formerly Holliday Street) between Campbell Avenue, S.E. & Norfolk Avenue, S.E. PLANNERS . ARCHITECTS . ENGINEERS . SURVEYORS ROANOKE · RICHMOND . NEW RIVER VALLEY . SHENANDOAH VALLEY 1208 Corporate Circle. Roanoke, Virginia 24018. (540) 772-9580. FAX (540) 772-8050 www.balzeLcc l ROANOKE CITY COUNCIL COUNCIL STRATEGIC PLANNING WORK SESSION VIRGINIA WESTERN COMMUNITY COLLEGE 3102 COLONIAL AVENUE, S.W. ROANOKE, VIRGINIA 24038 AUGUST 30, 2010 8:00 A.M. AGENDA 1. Call to Order/Comments - Mayor (8:00 - 8:20 a.m.) 2. Work Session Purpose and Introduction of Facilitators (8:20 - 8:30 a.m.) 3. Team AssessmentlTeam Building (8:30 - 9:00 a.m.) . Hollins University Batten Leadership Institute 4. What are the Priorities of City Council? (9:00 - 11 :00 a.m.) (Break between 10:00 -10:30 a.m.) 5. How Should the Priorities be Measured? (11:00 a.m. -12:45 p.m.) Working Lunch - 12 noon Team AssessmenUCheck-ln 6. Hopes and Fears (12:45 - 1 :15 p.m.) 7. Team Assessment (1:15 -1:45 p.m.) 8. Next Steps (1:45 - 2:00 p.m.) 9. Items from Council 10. Adjournment ~- ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 364 Roanoke, Virginia 24011 540.853.2333 www.roanokeva.gov August 23,2010 Honorable Mayor and Members of City Council Dear Mayor Bowers and Members of City Council: Subject: Strategic Planning Work Session The City Council is scheduled to have a strategic planning work session on August 30th that focuses on developing strategic priorities. The work session will be facilitated by Jim Chrisinger of The Public Strategies Group. Jim has provided assistance vvith the implementation of the "Budgeting for Outcomes" concept at the loca:l,state, and federal levels. Abrina Schnurman-Crook and staff from the Hollins University Batten Leadership Institute will also participate in team building during the work session. A copy of Jim's bio and the bio for Abrina and her staff are attached for your reference. In preparation for the work session and the development of priorities, Council was provided with a budget/financial and Budgeting for Outcomes overview on August 2nd. I thought that it would be helpful to provide you with additional reference information, as outlined below, to facilitate preparing for the work session. . Agenda for the work session . An example of Budgeting for Outcomes Priority Statements from other localities. . A summary of the results from the FY 2010-2011 Budget Survey . A summary of the results from the 2007 Citizen Survey I trust the information referenced above will be useful as you prepare for the strategic planning work session. Ilook forward to meeting with Council at the work session and the development of strategic priorities. topher P. Morrill City Manager c: William M. Piackworth, City Attorney v'Stephanie M. Moon, City Clerk Ann H. Shawver, Director of Finance 325 Cedar street Suite 71 0 81. Paul, MN 55101 ph: 651 2279774 fax: 651 292 1482 reinvent@psg.us ..~.::::::::m:::::. - ::!:", ~ the ::~~t!t::::::,::::,:,::::;:::::/ Public Strategies Group ,.:.::.:::.:.:.:.,. -d...........................................'...................................'.........................'....................................................................................................................~................................................................ Archilect's of l?l.!sulls-Bascd GotJcrnml!llt www,psg.iJS Budeetine for Outcomes Outcome Priority Statements Comparison Priority Area Savannah Dallas Baltimore Polk County, FL I want to be safe Enhance public Make People feel safe and feel safe from safety to ensure Baltimore a from crime, fire, Public Safety crime, fire and people feel safe safer city and the effects of other hazards and are secure natural disasters anywhere in the where they live, community work and plav I want to live in a A growing Strengthen Good paying jobs city that economy Baltimore's and business encourages & sustained by a economy and opportunities are Economic supports healthy mix of promote available here in Development appropriate local and economic and Polk County, and economic growth i nternati onal cultural our people are that creates jobs, business opportunities appropriately expands city opportunities, for all its trained and revenue and housing choice, residents educated to take Improves visitor attraction, advantage of neighborhoods and and city services them commercial corridors I want a fiscally A responsible Make Citizens trust that responsible, customer-focused Baltimore's government is "Good accessible and government government well run and is a Government" responsive working more good steward of government that collectively to innovative, their tax dollars maximizes use of provide excellent efficient, and public resources services that will customer for services I need visibly enhance friendly the quality of life in Dallas . /. ~ /~ FYI0-ll CITIZEN BUDGET SURVEY SUMMARY . 851 surveys completed this year. . Highest priority expenditure category: 1. Education 37.8% 2. Public Safety 26.2% 3. Parks, Rec, and Cultural 13.2% 4. Public Works 9.5% 5. Community Development 6.8% 6. Health & Welfare 6.6% . City services rated as a "high" priority: 1. Snow Removal 65.3% 2. General refuse collection 63.7% 3. Programs to prevent young people from becoming part of criminal justice system 56.6% 4. Youth Services programs 45.4% . City services rated as a "medium" priority: 1. Other (MaintofParks and Park Facilities) 54.2% 2. Frequency of park mowing 51.5% 3. Street paving 49.4% 4. General street maintenance 48.7% 5. Frequency of mowing medians and rights-of-way 46.0% 6. Caring for residen.ts via social serVIce programs 44.8% 7. Athletic programs 44.5% 8. Aquatic programs 44.5% 9. General neighborhood services 43.6% 10. Recreation 41.9% 11. Library programs 40.9% 12. Valley Metro 38.9% 13. Library branch operations 38.7% 14. Funding to human services agenCIes 37.1% . City services rated as a "low" priority: 1. Park beautification 62.9% 2. Funding to sponsor events 61.4% 3. Bagged leaf collection 60.8% 4. Funding to cultural agencies 49.7% 1 5. Urban forestry 49.6% . 89.8% of survey respondents indicated their willingness to have Bulk Goods Refuse and Brush collected less frequently. . To facilitate balancing the budget, 53.9% oftherespondents indicated the primary strategy should be a combination ofprogram!service reductions and tax rate or fee mcreases. . If tax rate or fee increases are considered, 43.6% of the respondents feel the tax or fee increases should be used to provide additional funding to schools and minimize pro gram! service reductions. . Ifhigher taxes or fees are needed, 70.8% ofthe respondents indicated other taxes, such as meals and lodging, should be increased. K:\FY 11 BudgetSurveySummarySheet.doc '2 (t """ 10".,,,.," I 20~~tyC~~~~~::ey h", ~.:",'.j, j;i.. ';:;"':~ _ i .;:-<,.'.~~,jf" ~ ' i ~, ,,;"'l '-'~," .~~:,j, _.~~ -'- !-'~i Conducted by: The Virginia Tech Center for Survey Research r:~ Methodology ff~~:--:'!:/..':-:':~ ~~~.''''''''''-~"'' 7' -'~ . Random Sampling Design . Survey Instrument Focus: New Items and Methodology · Dates of Administration: July - October, 2007 · Survey Pre-test · Survey Administration Via Telephone · 524 Completed Telephone Interviews, · Sampling Error: ::1::4.27 percent · Survey Length: 16.7 Minute Average 1 ., Respondent Demographics L~~':~~~.l.ii;i"~:2\;';;""~'r,fC-t:~~ f"N;.""'.';J""-;,,'.'k,,-,;..,,..._,~~ Population 2005 Respondents 2007 Respondents Gender 53.1% Female; 63.6% Female; 65.8% Female; 46.9% Male 36.4% Male 34.2% Male Age 39.7% <40 yrs. 23.8% <40 yrs. 22.4% <40 yrs. 60.3% 40+ yrs. 76.2% 40+ yrs. 77.6% 40+ yrs. Race 26.7% Black 21.1% Black 24.0% Black 69.4% White 75.9% White 69.5% White 3.9% Other 3.0% Other 6.5% Other Income 65.1% < $50,000 68.7% < $50,000 67.0% < $50,000 34.9% $50,000+ 31.3% $50,000+ 33.0% $50,000+ It~:~,,"j ~;'-";.c~~ '''',~;--/.., ,~;' ,"~"';(J:' ~-~'i~ ',.,:tP :'..;-:;, ~. ~:'~~:4 J !"'c"/i ~ Citizen Ratings of the City of Roanoke As A Place To Live: 2000-2007 C::'::~'.~~_il~.:r;::;:'~G~ 100 90 80 70 60 50 40 30 20 10 o w.;-~.oSl-":"':~~ ~ 2000 .2001 . 2002 EJ 2003 . 2005 . 2007 0.2 t.2 0.6 0.2 0.6 0 Excellent/Good Fair/Poor Don't know/Refuse 2 '<< !t,:'\Cz,',", '1)'''',1 -;;,.o_-_,~- ~'..>iJ!,,,' ;:tt' ^ i f,,,,~ c-:;" it"J Citizen Ratings of Quality of Life in the City of Roanoke ";;;;:'0';'" }; o'__'';;',uJ >>~"-:;"1'-\ <;->'+~c,,,,",~ 100 90 80 70 60 50 40 30 20 10 o l'El2000 . 2002 [] 2003 III 2005 o 2007 0.8 0.8 1.0 0.0 I Excellent/Good Fair/Poor Don't know/Refuse Citizen Ratings of Quality of Life by Demographic Characteristics f?!~~--~7~~ t'. ''',.o.~~~;.:.;"u~,; ~-" ii:i') Income · Residents with higher incomes rated the quality of life in the City more favorably than did those with lower incomes · However, 75% of residents with lower incomes rated the City favorably this year with regard to quality of life compared to 69% in 2005 3 ["3"L"'I Citizen Ratings of Quality of Life by Demographic Characteristics ~~tii~?\:~$'~ti~P;.}A.i,:r~~_~~ ~~.:..::.iI Age . Respondents 40 years old or older rated the quality of life in Roanoke more favorably than did those residents who are under 40 years of age . However, 740/0 of residents under age 40 rated the City favorably this year with regard to quality of life compared to 67% in 2005 Citizen Ratings of Quality of Life by Demographic Characteristics ~~'~~l ~Walii.iib.i;;~;'~;;; Race . Respondents who report their race as "white" rated the quality of life in Roanoke more favorably than did those residents who report their race as "black" or "African American" . However, 630/0 of residents who reported their race as "black" rated the City favorably this year with regard to quality ofHfe compared to 55% in 2005 4 I' ~'. f ~...,.......:.*......................,..., " ~'.:.3~:.' . . '~.,j . ~', ,,~~::. Perceptions of Safety in Roanoke: 2003, 2005 & 2007 1" i Neighb_ood ParkslRec. Facllttles* Downtown CMc Center Parking Lot city Parking Garages 0,0 10.0 20,0 30,0 40,0 50.0 60.0 70.0 80.0 90.0 100.0 Percentage Reporting "Very or 'Somewhat' Safe . For 2007, tberatings we2"e averaged for lhefollowing two questions: "How smedo)Oll flU in the park c1oscsllO ){lur oome?" (64,4%) "How 53ft' do }Oll feel in there..:rcational faci1itydo~1 to )Our mme?" (58.6%) r-"I ~~>"'~; ~ ~ . :;..........:.,_..'.. . -,c"" ",-r,,, . ~ '. Citizen Ratings of City Services as. 'Excellent' or 'Good': 2007 2005 Ratings Appear in Parentheses (91.5) 911 Emergency Call Center - 92.5% (90,7) Public Library Services - 92.2% (92,2) Fire Protection Services - 91.6% (91. 7) Emergency & Rescue Services - 91.4% (85,9) Weekly Trash Collection - 87,5% (81.9) City Beautification Programs - 85,1% (79,3) MowinglMaint. of City Parks - 80,8% (80.4) Police Services - 79,1 % (76.5) Pick-up of Large Items/Brush - 76.5% (77. 7) Recycling Services - 74,7% . (71.6) Bagged Leaf Collection - 73,7% (72.5) Convenience of Bill Payment - 72.4% (N/A) Appearance of the City Parks - 71.6% (80.1) Emergency/Disaster Mgmt. - 71.4% (67,2) Maint. ofTrees Along Streets/In Parks -70,6% l....:;... ~.:...J (69,0) The City's Recreation Programs - 69.2% (68,7) Street Lighting - 68.9% (66,7) Mowing Rt.Ways/Medians/Roadsides - 68,5% (N/A) Promotion ofParks/Rec. Programs - 68.2% (60,5) Loose Leaf Collection - 68,0% (70,5) Cultural Activities/Events in the City - 67,9% (65,3) Animal Control- 67,5% (68,7) Appearance of City Recreation Facilities - 67.3% (N/A) Maint/replacement ofTraftic SignslMarkings - 66,5% (66,9) Removal of Snow/Ice From Streets - 65.8% (N/A) Qual of Health Facilities and Parks/Rec Equip, - 65.4% (64,8) Quality New Sidewalk Construction - 61.5% (67,2) Appearance of Community Rec Centers - 60,0% (52,7) Maint, Stonn Drainage Syst. -59,6% (56,7) Getting Infonnation to Citizens - 59.3% 5 I J, j B. ~"'~" ":.1<";'~::. ,': "".,:, ',' -:~'~i , ,",'-' Citizen Ratings of City Services as 'Excellent' or 'Good': 2007 Continued 2005 Ratings Appear in Parentheses (57,8) Quality Athletic FieldslFaciL - 58,6% (62, I) Building Penn its Applicaiion/Review - 56,5% (59,9) City Gov, Support Nbrhd Orgs, - 55,9% (54,2) Street Sweeping - 54.5% (N/A) Quality Civic Center Events - 50,6% (N/A) Quality of Youth Svcs Programs - 50,6% (58,9) Econ, Dev, Assist. to Business - 50,0% (50,0) Efforts to Improve Housing - 50,0% (68,7) Maint. of City-Owned Buildings - 49,3% (50,1) Regulation/Zoning Land Use - 48.4% '-." '""~'i!', ~-, 1:;' 'i ;"\~l I' (61,4) Building Inspections - 48,1% (48,6) Transportation Planning for Traffic - 4 7.2% (43,8) Property Code Enforcement-463% (50,8) Promoting Env, Awareness - 45,3% (49,3) Maint, of Existing Sidewalks - 43,1% (40.4) Street Paving. Maintenance/Repair - 42,7% (48,6) Response to Citizen Requests - 4 1,4% (54,1) City Parking Facilities - 39.4%. (45,2) Availability of Civic Center Parking- 38,6% (37,6) Weed Abatement - 38.4% Ratings For Services Provided By Autonomous Government Organizations (79,3) Water Services - 80.5% (74,5) Sewer Services - 76,6% (79,7) Valley Metro Services - 75,3% (78,0) Health Department - 74,8% (62,2) Roanoke Public Schools - 57,3% ~ D Level of Citizen Satisfaction With Overall Quality of City Services: 2000-2007 100 95 rr;:;~--'-:7--:-:-'-~ ~ _"'-J 90 81.1 85 87.0 80 75 2000 2001 ....- 'Very' or 'Somewhat' Satisfied 2003 84.9 2002 2005 2007 6 .. Citizen Agreement on Roanoke Strategic Issue/Question Survey Items 2000-2007 f"! .M~ ~~;>; ,c:*. ;' ~"':t....i.~ Survey Item 2000 2001 Effectiveness of City government in meeting community needs * ...../i'''''":.<.';'\'i:'';.i;.:....:j.,j~'.;,~.-', ; ". .j> ....)':, \'-;>J'~ " :'~_-', . ,'" i.! .>.~: X'.:' ":/:,,,' :..... .' ,:::,-,;, -,'- . ' '~{)_:iI1o"'~'ff.~_g~J()b, prO!ldmg h~th/lilJ~an,sel"vlces ,to :-~~~~tl~f#~~~~-:;~-~">,::' , -~,;:';:L. ';<~~:-':"-~ " --' . '. . j Educational resources and opportunities available to you and your family in Roanoke* 64.9 NA 64.3 NA 67,1 59,9 * Response Category Difference Citizen Agreement on Roanoke Strategic Issue/Question Survey Items 2000-2007 (continued) ~ _ :;:;> cr i,P::t. ;tj-:.~,,'l.:/if;",!~ Roanoke does good job focusing on unique needs of youths ',::~~1fgJit~~}~~d~'f~ llIi~Ii)~~;"~~i i~e Gty to dri City government's efforts to improve the local economy. l:--J'"":':"':"_""'^""'<'-~ "';"~ Survey Item 2007 1bes"!""i~eSill'ovided bi'the aty ofRoal1okeareworth the' t~~'pil!<!hycidzens" 0 City government does a good jOb of educating citizens about City services 'qty:goy~~~~t.'p~i~~mmCe,is inlprov,;Dg in Roanoke, Roanoke actively expanding cooperath'e efforts with local governments in region '~f:~~~~~V~~~~91Y~cinz.;.S b1 b~,in..S oicity' 48.9 \'48) 33.8 . Response Category Difference 7 " City Government Customer Service Ratings: 2000-2007 f'~'c?'.0::'}:S~'~,~:..&Ii~'~ ~~~ Percentages Combine Responses of <Strongly Agree' and 'Somewhat Agree' 2000 City government office hours are convenient ~~&~~1~~~~~;1~i~~~;~~_~~~~'a(cl:rlz~~~-}~~y:. City government office locations are convenient ",2 73,5 73.5 72.9 68.7 :. "I.i';,':,_ <',", , '<'_'. "'".,'" ',',' 'e',;ppropr\at~,(:iiy .gov~nnieili.offi~.e "~u~~"s~~rvi~eor ba~~:iqu:~~ri~l~:~: -'. , Convenient parking at City government offices is generally available 39.4 43.6 43.1 4l.5 45,9 39.5 f~t~(;~~~~~ -;(;;;~;:;~~'{;~1~~:~1~;~?:;~f;~%1 ;:,~,":';"'-';' 'Q...tfestidns'aniif Co1TI:frierlt~r~\" ':;:o::.~~~ ;Y~:';'~J~;c;;); .~;,~ ';';,<~._~:.c.',' ::".,,:,'. .~,c<', :.: ,~,t~i~,,:5;>,>:;::~~~t 8 ~ Response to Previous Survey f!'t1;;':i/~ .:;t...~~,:~ ,:":').'R...~ I," '';].~:c.~~ " fl.'e' ,-",,,, ",,,,,.,~-~ ,"'J: · After the results were received for the 2005 Citizen Survey, action plans were developed to address the ratings for a number of servIces. · As a result, two of the services, Loose Leaf Collection and Storm Drainage Systems, saw their favorable ratings rise 7.5% and 6.9% respectively ~ r1:~\;; ~~'<~: Actions that will Favorably Impact City Services Ratings in Future Surveys k~,,~-".:~7)~1 ~~....;,,1';';.':';;'''<<1ll · Maintenance of City-owned buildings - a multi- year effort is underway to increase funding for capital building maintenance · City parking facilities - expanding parking system with Campbell Avenue garage & fac;ade and other improvements at the Market Garage · Economic development assistance to business - creation of the Entrepreneurial Specialist to assist new business owners 9 Actions that will Favorably Impact City Services Ratings in Future Surveys ["~~'4;:,,~"'R,;.i.,J'.: ~~'::L:......~ Li.',"', '....,. ",. ,,..~,:;,.., "., '," . "'"'''1~''::J . Appearance of Community Recreation Centers - Parks & Recreation Dept master plan addresses facilities; we are divesting community centers not being used such as Villa Heights and Buena Vista . Response to citizen complaints & requests - ongoing customer service training for all employees Actions that will Favorably Impact City Services Ratings in Future Surveys f'" ,,,,,<\, "~~!'l,'7;:;'" ~-'.:.,'n;>:'~~"1 . Availability of parking at the Civic Center- continuing to explore ways of more effectively using our shuttle bus system to/from our parking garages . Building permits application and review process - Planning, Building, and Development Dept revising their strategic business plan with one goal being to identify processes to be streamlined 10 " Actions that will Favorably Impact City Services Ratings in Future Surveys b-,"[{.;'C;.";'p, ':::",~",,~~-:<ii,{;~': ~"d ~'.~.".' -~, _<.~" ,;--.':"",i'.. -,.....J"t.f1 · Efforts to promote environmental awareness to citizens - rollout of "Clean & Green" campaign, reduced tax rate for highly energy-efficient new or renovated construction, and tax exemption for personal property or real estate using certified solar energy equipment Actions that will Favorably Impact Strategic Issue Ratings in Future Surveys r~~j;;'1f;Jif~~~ j:~ 1.t;t;..~""~"'~.<{:;.;<'WY' ,,~ · Roanoke's neighborhoods are good places to live - Housing strategic plan serves as guide for housing activities, targeting of public improvements in selected neighborhoods, focusing on market rate and upscale housing, enhancing downtown housing options, and developing the downtown neighborhood 11 Actions that will Favorably Impact Strategic Issue Ratings in Future Surveys f" ~~/~"l:';~:'iH~~ ,~c:::.~~;;l.'!f 1:;-.,' V' "'J_.!I!..-....,".'l.l!;.r';,-t · Educational resources and opportunities available- Library master plan outlines improvements to facilities, programs, and staffing. Over the last 2 years, we have allocated additional resources to this area. · Roanoke does a good job of focusing on the unique needs of youths - the Youth Comprehensive Plan has been implemented and outlines measurable outcomes the city must meet as a component of Roanoke's 2001-2020 Vision Plan ~ I.~i~ . Actions that will Favorably hnpact ~~ Strategic Issue Ratings in Future Surveys ~...,j;';t~", ~,-:'.w~ ~~;'.'~i"l,,""'~ . City government's efforts to improve the local economy - participation in Roanoke Valley Economic Development Partnership campaign to focus on new strategies, to market the region, to recruit knowledge based workers and high income . individuals, to diversify the mix of retail establishments, and to facilitate the formation and expansion of new businesses ~;. ~ . ... 12 'i"'" I CD W " ;:) C) Lb (1) m c CO .J: (,)- 't- o en (J a CIEI +zI .- ..... o Co CD .J: \Is- (1) C') s;: .(1) -- ...... CU ..c t) (1) :> +:i Q, m ~ c o +:i t) m B.L +=' C m Q. '0 :e CU fl, (f) (1) '0 C (I.) :J +=' ;; (f) C o o ?~. ,~ .0 OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 364 Roanoke, Virginia 24011 540,853.2333 www.roanokeva.gov CITY CLERK '1fj SEP tj2 PMi31:2J September 2, 2010 Honorable Mayor and Members of City Council Dear Mayor Bowers and Members of City Council: Subject: Strategic Planning Work Session - Council Priorities You will find attached the list of City Council Priorities that were identified at the strategic planning work session held earlier'this week. As I indicated at the work session, the next step will be to establish Priority Teams that will be responsible for refining the priority statements, creating strategy maps for addressing the priorities, and developing requests for results to meet the priorities. It is anticipated that the initial work of the Priority Teams can be completed within the next 45 - 60 days, after which the aforementioned information will be presented to Council. Thank you for the time you invested in developing the priorities. I look forward to working with you as we implement the Budgeting for Outcomes process. ristopher P. Morrill City Manager c: William M. Hackworth, City Attorney Stephanie M. Moon, City Clerk Ann H. Shawver, Director of Finance ...., City Council Priorities August 30,2010 Good Government - Provide efficient, responsible and open government to well serve our citizens. . Accountable to taxpayers and serves our citizens well. . Fair collection of revenue; people pay their fair share . Equality in taxation . Hearing from our citizens . Open and accessible government . Fiscal responsibility Measures/Indicators: . Bond Rating . T ax Rates . National Accreditation . Citizen Survey/Customer Service . Highly Qualified Staff . Collection Rates . Transparent Government . Responsiveness/Turn-Around Times . Federal/State office - accessibility Human Services - Roanoke is a caring community that provides a social safety net while encouraging self-sufficiency..... . Not all citizens will become self-sufficient . Access to mental health services . Veterans and Senior Citizens . Adult Protective Services, Child Protective Services . Support to the most vulnerable or at risk . Spending funding wisely; producing appropriate outcomes . Regional approach to provision of services (across all outcomes) Measures/Indicators · Homelessness/rental assistance · Domestic violence/education . Number of children in foster care, CPS, APS . Success rate of those receiving services (permanency) . Senior citizens - services, transportation, housing . Local share funding . Maintenance in the community vs. hospitalization (mental health services) Page 1 City Council Priorities August 30, 2010 Infrastructure - Work to maintain and create good city services for a clean, safe and sound infrastructure. . Such as stormwater, solid waste management, sidewalks, public/alternative transportation, greenways, streets, neighborhood beautification and regional cooperation . "Maintain and create.. .." . Sound and constantly improving . Maintenance on buildings, historic property, Parks & Recreation facilities Measures/I ndicators . Flood prevention/decrease number of flooded properties . Storm water maintenance efforts . Street paving . Percent of budget spent on capital maintenance activities . Sidewalk, curb and gutter . Rate of water/sewer line replacements . Decrease in solid waste; increase in recycling . Customer perception - responsiveness . VDOT funding level - use of funding . Stop lights - go green . Bridge maintenance . "Walkable" streets . Bike Friendly Community status . Airport - flights and embarkations . Rail service and commuter service . Affordability of transportation . Neighborhood plans - accomplishments completed . ' Public transiWalley Metro/RADAR Safety - Ensure that citizens' emergency safety needs are promptly met and promote ongoing safellivable neighborhoods. . Neighborhoods and commercial corridors · On-going initiatives that create safe and livable neighborhoods and commercial corridors . Code enforcement · Natural disasters, emergency preparedness, river flooding Measures/Indicators . National Accreditation . Crime rate · Recidivism/Community re-entry . Response times · Loss of life/property damage . Perceptions of safety Page 2 . .. City Council Priorities August 30,2010 Education - Improve student performance and graduation rates through proper results-driven school funding that encourages greater value through shared services and community involvement. . "Resources and services to the school division" instead of school funding . Workforce Development . Community Colleges . Higher Education Center . Education for Life Measures/Indicators . Graduation rates . Drop out rates . Truancy . A YP/SOl scores . Free and reduced lunch rates . Shared services (how many services shared and value added) . Post-secondary activity (technical training, college, community college, military) . Accreditation . SAT . Teacher pay comparison . Teacher retention . Participation at Higher Ed Center, Medical School . Participation in life-long learning activities/programs . Public television support Economy/Job Development - Make Roanoke a thriving, business-friendly community that encourages prosperity and job opportunities. . Tourism development . Downtown development . Prosperity and business growth . Government stays out of the way . Regional approaches . , Clean and Green . Events and festivals . Uniform marketing/branding · World-class Economic Development function Measures/I ndicators: . Unemployment Rate . Job Creation . Tax Rates . New businesses Page 3 ..: ~ City Council Priorities August 30,2010 . Responsiveness/Turn-Around Times . Tax incentives invested . Regional Partnership data (website) . Uniform marketing with CVB (branding) . Sales tax per capita . Median income . Population growth . Homeownership (%) . Business retention . Visitor survey . Volume of convention/special event business . Creative Connector Quality of Life - Create a positive quality of life for all city residents by making Roanoke an attractive, vibrant city in which to live, work and play. . "Strengthen" instead of "Create" . Greenways, Parks & Recreation, Pools, Libraries, Parks, festival g'rounds, Arts and Cultural activities . Strong neighborhood associations that partner with the locality . Things that make Roanoke special/authentic . Celebration of diversity Measu res/l nd icato rs . Life long learning activity participation . Citizen Survey question . City services (potholes, solid waste collection, responsiveness) . Residential property values . Distance to park facility/green space . Festival frequency, attendance, economic impact; new festi va I s/ events/maratho ns . Use of greenways, recreation facilities · Measurement of carbon footprint . Tree canopy Page 4 . 325 Cedar street Suite 710 S1. Paul, MN 55101 ph: 651 2279774 fax: 651 292 1482 reinvent@psg.us ,{:::':':':':':::. .; -V ~~!~~~tr~~!!~~~~~~~- Architects ofl?esults-Based GOIJ(!r1zml!l1t ............................................................................................................................................................'............................................................................................................................................ www.psg.US Jim Chrisinger Jim Chrisinger led performance, accountability, and ultimately transformation for the State of Iowa for eight years. He has led and/or supported Budgeting for Outcomes implementations for Baltimore MO, Savannah GA, the States of Iowa and Louisiana, Larimer County CO, Metro Parks Tacoma, and the Province of Manitoba. Working with The Public Strategies Group, Jim and his State of Iowa colleagues pioneered many transformational levers for state government. One of these initiatives, Iowa Charter Agencies, won a $100,000 Innovation in American Government Award sponsored by the Ash Institute at the Kennedy School of Government at Harvard. Iowa Charter Agencies was also recognized with a Council of State Government Innovation Award. Charter Agencies makes results more important than the rules, empowering agencies against red tape. Jim drafted and led implementation of Iowa's Accountable Government Act, which established a performance management framework for the State. He also facilitated Iowa's 2010 Strategic Planning Council. In conjunction with Governing Magazine, Jim conducts "Transformational Leadership" workshops across the country, which feature Budgeting for Outcomes. Jim's service spans all three levels of government - local, state, and federal- and all three branches - legislative, executive, and judicial. Early years included a public defender internship in Fairbanks, Alaska, a clerkship with the Iowa Supreme Court, and work on the Washington staff of Iowa Congressman Jim Leach. Jim is also proud of his service as a U.S. diplomat in Prague during the 1989 Velvet Revolution. He built on that experience to lead post-communist economics and agribusiness projects in the former Soviet Union and Eastern Europe for Iowa State University, He also served on the Ames, Iowa school board. Jim's state service began by implementing performance improvement projects in the Iowa DOT, including managed competition, regulatory streamlining, organizational restructuring, and intergovernmental sharing. Jim's graduated with honors and Phi Beta Kappa in history from Iowa State University. He also holds a law degree is from the University of California at Berkeley. In addition to his work with PSG, Jim teaches strategic public management in Iowa .....0) . )?6 PSG......... ph: 651 2279774 reinvent@ps9,US ............................................................................................................................................................................................................................... \'I!'v'l'v\i.pS~T.us. State University's Masters in Public Administration program, writes, and speaks widely to government and non-government audiences on government transformation. Hollins University Batten Leadership Institute Abrina Schnurman-Crook, Ph.D., LPC Executive Director, BLI Abrina Schnurman-Crook holds a Ph.D. from Virginia Tech and Certificates in Leadership and Management from the Darden School of Business at the University of Virginia. She is a licensed professional counselor with a background in crisis and clinical work. Her interest in conflict management and developing experiential methods for skills acquisition serves as the platform for helping participants develop and refine their ability to navigate personal and professional relationships. Abrina teaches undergraduate classes for the Certificate in Leadership Studies and designs and conducts all programming for the Certificate in Professional Leadership for women in mid-to-upper level management positions in the Roanoke region. Jill Hufnagel, Ph.D., L.P.C. Assistant Director, BLI Jill Hufnagel received her M.A. and Ed.S. in community counseling from James Madison University and her Ph.D. in English and Women's Studies from the University of South Carolina. She is a licensed professional counselor experienced in working with adults, couples, and groups. Prior to coming to BLI, Jill served as Director of Counseling Services at Ferrum College. With a strong background facilitating groups, Jill brings to her work a willingness to encourage participants to grapple with issues of vulnerability, strength, congruency and confrontation. Cast through both a systemic and deeply interpersonal lens, Jill is energized by the immediacy of the group process and the intricacies of group dynamics. Her current research is focused on the ways in which we develop self-awareness and insight and on approaches to giving and receiving meaningful feedback. Jen Brothers, MA. Ed. Clinical Education Specialist, BLI As Clinical Education Specialist with the Batten Leadership Institute, Jen Brothers teaches, leads communication skills groups, and facilitates experiential learning through group processing. She also works one-on-one with students for the development of personal leadership skills. Jen has a special interest in the connections between self-actualization, personal communication skills, and leadership growth. Jen holds an MA. Ed. in Counselor Education from Virginia Tech and a B.A. in Communications as well as Spanish from James Madison University.