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Home My WebLink AboutCouncil Actions 09-19-11 , PRICE 39201-091911 ROANOKE CITY COUNCIL REGULAR SESSION SEPTEMBER 19, 2011 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order--RolI Call. All present. The Invocation was delivered by The Reverend Quentin J. White, Chaplain, Veterans Affairs Medical Center. 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 RVTVChannel3 on Thursday, September 22 at 7:00 p.m., and Saturday, September 24 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. 1 , THE CITY CLERK'S OFFICE PROVIDES THE MAJORITY OF THE CITY COUNCIL AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT WWW.ROANOKEVA.GOV.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 BYTHE 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: BOARD OF ZONING APPEALS - THREE VACANCIES (EFFECTIVE JANUARY 1, 2012) HUMAN SERVICES ADVISORY BOARD - THREE VACANCIES MILL MOUNTAIN ADVISORY COMMITTEE - ONE VACANCY ROANOKE ARTS COMMISSION - ONE VACANCY ROANOKE VALLEY RESOURCE AUTHORITY - ONE VACANCY TOWING ADVISORY BOARD - ONE VACANCY (CITIZEN AT LARGE) LOCAL BOARD OF BUILDING CODE APPEALS - TWO VACANCIES 2 , THE CITY OF ROANOKE ALSO IS ACCEPTING NOMINATIONS FOR THE 2011 CITIZEN OF THE YEAR. TO OBTAIN A NOMINATION FORM, CONTACT THE CITY CLERK'S OFFICE OR ACCESS FORM ON THE CITY CLERK'S WEBPAGE AT WWW.ROANOKEVA.GOV. DEADLINE FOR RECEIPT OF NOMINATIONS IS WEDNESDAY, SEPTEMBER 28,2011. 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: A Proclamation declaring the week of September 17 - 23, 2011 as Constitution Week. The Mayor presented the proclamation to Mary Elizabeth Kepley and Kay Young of the Nancy Christian Fleming Chapter, Daughters of the American Revolution. 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. ALL MATTERS WILL BE REFERRED TO THE CITY MANAGER FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL, AS HE MAY DEEM APPROPRIATE. Jamie McDaniel appeared before the Council and spoke about the decrease in property values in her neighborhood due to the purchase of abandoned homes by slum landlords. 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 Minutes of the regular meeting of Council held on Monday, August 15,2011. RECOMMENDED ACTION: Dispensed with the reading ofthe minutes and approved as recorded. C-2 Annual Report of the Audit Committee for the fiscal year ending June 30, 2011. RECOMMENDED ACTION: Received and filed. 3 , C-3 Minutes of the Audit Committee held on Wednesday, September 7,2011. RECOMMENDED ACTION: Received and filed. C-4 Report of qualification of Derek Bayne Cundiff as a member of the Architectural Review Board for a term of four-years ending October 1, 2015; RECOMMENDED ACTION: Received and filed. REGULAR AGENDA 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: NONE. 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: 1 . Acceptance and appropriation of funds in connection with the Western Virginia Workforce Development Board Workforce Investment Act for Program Year 2011. Adopted Resolution No. 39201-091911 and Budget Ordinance No. 39202-091911 (7-0). 2. Acceptance and appropriation of funds for the Department of Criminal Justice Services Juvenile Justice and Delinquency Prevention Title II Grant an evidence-based treatment program designed to reduce youth substance use and youth crime; and execution of a contract with Carilion Medical Center d/b/a Carilion Clinic (Psychiatry and Behavioral Medicine). Adopted Resolution No. 39203-091911 and Budget Ordinance No. 39204-091911 (6-0, Vice-Mayor Trinkle abstained). 3. Acceptance and appropriation of funds in connection with the FY 2011 Edward Byrne Memorial Justice Assistance Grant from the United States Department of Justice. Adopted Resolution No. 39205-091911 and Budget Ordinance No. 39206-091911 (7-0). 4 , 4. Acceptance and appropriation of funds in connection with the Department of Motor Vehicles Traffic Safety Grant awarded to the Police Department. Adopted Resolution No. 39207-091911 and Budget Ordinance No. 39208-091911 (7-0). 5. Acceptance and appropriation of additional funds in connection with the 2011-2012 AmeriCorps Grant awarded to the Public Libraries. Adopted Resolution No. 39209-091911 and Budget Ordinance No. 39210-091911 (7-0). 6. Authorization to repeal Ordinance No. 1054 adopted January 26, 1923, in its entirety as its provisions are no longer necessary for future street widening projects, conflict with the existing development pattern, and are inconsistent with the current Zoning Ordinance regulations for the Downtown Zoning District. Adopted Ordinance No. 39211-091911 (7-0). 7. Amendment of the City Code with regard to revisions in connection with certain sections of Chapter 14.1, Solid Waste Management, and amendment to the Fee Compendium. Adopted Ordinance No. 39212-091911 and Resolution No. 39213-091911 (7-0). 8. Execution of the CDBG Subgrant Agreement with Total Action Against Poverty to replace HV AC units in the Liberty Pines apartment complex. Adopted Resolution No. 39214-091911 (7-0). COMMENTS BY CITY MANAGER. The City Manager offered the following comments: · Countryside Development Proiect On Thursday, September 22, at 6:30 p.m., a public meeting will be held in the William Fleming High School cafeteria to discuss the Countryside Development Project. . City DOQ Park One half of the large dog park is closed for approximately eight weeks to be reseeded and aerated. The other half will remain open for citizen use. 5 , . City Events On Saturday, September 24, the Fire-EMS will host at the Roanoke Civic Center "Fired Up for a Cure" to promote both Fire Prevention and Breast Cancer Awareness Month. The Annual Henry Street Heritage and Pride Festivals were successful with thousands of patrons in attendance. On Saturday, October 1, the Big Lick Blues Festival will be held in Elmwood Park. b. DIRECTOR OF FINANCE: 1. Presentation of the Fiscal Year 2011 Unaudited Financial Report for the City of Roanoke and Roanoke City Public Schools. Received and filed. 8. REPORTS OF COMMITTEES: a. A report of the Roanoke City School Board requesting appropriation of funds for various educational programs; and a report of the Director of Finance recommending that Council concur in the request. Margaret Lindsey, Director of Accounting, Spokesperson. Adopted Budget Ordinance No. 39215-091911 (7-0). 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 11. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. Elder Lea commented on a recent Regional Leadership Trip to Greenville, South Carolina that he, the Vice-Mayor and City Manager attended. Council Member Price commented on a recently attended NLC Human Development Policy Meeting in Durham, North Carolina, and the success of the Henry Street Heritage Festival. Mayor Bowers commented on the possible closing of the Post Office Operations Center located in the City, expressed support for the employees, and requested that the City Attorney prepare the proper resolution for adoption at the October 6 Council Meeting requesting that the facility remain in Roanoke. 6 , b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. NONE. AT 3:24 P.M., THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL 7:00 P.M., IN THE CITY COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. 7 , ROANOKE CITY COUNCIL REGULAR SESSION SEPTEMBER 19, 2011 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, September 22 at 7:00 p.m., and Saturday, September 24 at4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. A. PRESENTATIONS AND ACKNOWLEDGMENTS: Recognition of the 25th Anniversary of the Roanoke City Schools Chess Program. Adopted Resolution No. 39216-091911 (7-0). The Mayor presented ceremonial copies to Vella Wright, Assistant Superintendent for Teaching and Learning, and Mickey Owens, Program Coordinator. He also recognized Russell Potter, President, Roanoke City School's Chess Club. Recognition of U. S. Kids Care's "A Summer of Service" project participants. The Mayor presented certificates to the participants. 8 , B. PUBLIC HEARINGS: 1. Request of 501 Salem, L.L.C., to rezone a portion of property located at 501 Salem Avenue, S. W., from D, Downtown District, conditional, to 1-1, Light Industrial, subject to a certain proffered condition. Faisal Khan, Operating Manager, Spokesperson. Adopted Ordinance No. 39217-091911 (7-0). 2. Request of Trustees of New Assembly Covenant of God to rezone a portion of property located at 3030 King Street, N. E., from R-5, Residential Single- Family District, to IN, Institutional District, conditional, and property located at 2922 King Street, N. E., from IN, Institutional District, to IN, Institutional District, conditional, for additional parking purposes. Sheldon Bower, Agent, Spokesperson. Adopted Ordinance No. 39218-091911 (7-0). 3. Proposal of the City of Roanoke to grant a public drainage easement across a portion of the former Countryside Golf Course. Christopher P. Morrill, City Manager. Adopted Ordinance No. 39219-091911 (7-0). 4. Proposal of the City of Roanoke to execute a Deed of Reservation in connection with a storm drain easement across City-owned property, former site of the National Guard Armory. Christopher P. Morrill, City Manager. Adopted Ordinance No. 39220-091911 (7-0). 5. Request of GBT Realty Corporation to delete and amend certain proffered conditions pertaining to properties at the intersection of Riverland Road and Garden City Boulevard, S. E. Michael Pace, Agent, Spokesperson. Adopted Ordinance No 39221-091911 (5-1, Council Member Price voted no and Council Member Rosen abstained). C. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. ALL MATTERS WILL BE REFERRED TO THE CITY MANAGER FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL, AS HE MAY DEEM APPROPRIATE. The following individuals appeared before the Council: Gloria Manns appeared and extended an invitation to the Council to attend an EMBODI symposium sponsored by the Roanoke Alumnae Chapter of Delta Sigma Theta Sorority, Inc., to be held at William Fleming High School on October 22, 2011 from 8:30 a.m. - 12:30 p.m. 9 , Aaron Stevenson appeared before the Council to voice a complaint against the EventZone in connection with the unfair treatment received during the Memorial Day weekend in May at Festival in the Park. The matter was referred to the City Attorney and City Manager for review and report to Council. AT 8:57 P.M., THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL MONDAY, SEPTEMBER 26, 2011, AT 8:30 A.M., IN THE COMMUNITY ROOM, GAINSBORO BRANCH LIBRARY, 15 PATTON AVENUE, N. W., FOR A COUNCIL RETREAT. 10 ,. Office of the Mayor CITY OF /{!!Yf,\::\ (-,. ." \~ WHEREAS, the Constitution of ,the United States of America, the guardian of our liberties, is a product of reflection and choice, embodying the principles of limited government in a Republic dedicated to rule by law, not by men; WHEREAS, the week of September 17, 2011, marks the two hundred and twenty-fourth anniversary of the drafting of the Constitution of the United States of America by the Constitutional Con vention; WHEREAS, it is fitting and proper to accord official recognition to this magnificent document and the anniversary of its creation, and to the patriotic celebration which will commemorate the occasion; and WHEREAS, Public Law No. 915 guarantees the issuing of a proclamation each year by the PresIdent of the United States of America designating September 17 through September 23 as Constitution Week. NOW, THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke, Virginia, do hereby proclaim September 17 - 23, 2011, throughout this great All-America City, as CONSTITUTION WEEK. Given under our hands and the Seal of the City of Roanoke this nineteelJth day of September in the year two thousand and eleven. ATTEST: ~~ 011. fY)~ L ,\""n,.", ,..1'-'71'''") \~L)<,~<~JtpA4IlN"VL David A. Bowers Mayor Stephanie M. Moon City Clerk -, ~. ROANOKE AUDIT COMMITTEE ANNUAL REPORT For Fiscal Year Ending June 30, 2011 September 7, 2011 Honorable Mayor and Members of City Council Roanoke, Virginia The Audit Committee is one of three permanent committees of the City Council. It serves in an advisory role to the Council and appointed officers on matters related to the City's financial records and activities affecting the financial records. Meetings are typically held quarterly and at the request of any member. The following meetings were held for the year ending June 30, 2011: . September 1, 2010 . December 1,2010 . March 2, 2011 . June 1 , 2011 . June 6, 2011 Consistent with th~ changes initiated in 2009, the Audit Committee consists of three Council Members and the Mayor, who serves as an ex-officio member. The Mayor has full voting privileges but is not obligated to attend committee meetings and does not count towards a quorum. The Committee scheduled quarterly meetings to be held in Council's Conference Room at 4:00 pm on the first Wednesday of September, December, March and June. One additional meeting was scheduled on June 6 for KPMG to meet with the Committee and discuss the firm's plan for auditing the financial statements for the year ending June 30, 2011. Meetings were well attended. Each member's attendance was as follows: Committee Member Meetings Attended Sherman Lea 4 David Trinkle 4 Court Rosen 4 Mayor Bowers 2 The minutes of each meeting were filed with City Council. Committee discussions covered the following areas: · Code Enforcement Follow-up Audit · Roanoke River Flood Reduction Audit . Sheriff Canteen and Auxiliary Funds Audit · City Council Expenditures - FY 2010 " Audit Committee Annual Report September 7, 2011 Page 2 of 2 . External Audit Results for the City of Roanoke June 30, 2010 Comprehensive Annual Financial Report . External Audit Results for the City of Roanoke Pension Plan June 3D, 2010 Comprehensive Annual Financial Report . External Audit of Compliance with Federal Grant Requirement . External Audit of Compliance with State Specifications for Cities . External Audits of Civic Center, Greater Roanoke Transit Company, and Roanoke City Public Schools . Auditor of Public Accounts Report on Commonwealth Collections . . Audit Findings Follow':up for the Division of Transportation, Employee Health Services, Facilities Management, Sheriff, Fleet Management, and Purchasing. . Fire/EMS Cell Phone Audit . Fixed Asset Inventory Count . Purchasing Card Audit . Council Appointed Expenditures Audit . Jail Cost Report Opinion . Proposed revisions to the Travel and Expense Policy for City Council . Internal Revenue Service Payroll Audit . Clerk of the Circuit Court Audit . Police Cash Funds Audit . Comprehensive Service Act Audit . External Audit Plan for Year Ended June 30, 2011 The Audit Committee continues to function well and have productive meetings. We look forward to working with City Council and City Administrators in the coming year. I would be pleased to respond to any questions or requests Members of City Council may have related to the work of the Committee or this report. Respectfully, ) fJ ~9~- Sherman P. Lea. Audit Committee Chair - tah " MINUTES Audit Committee of Roanoke City Council Location: Council Conference Room Noel C. Taylor Municipal Building, Room 451 South Date: September 7, 2011 Time: 4:04 p.m. to 4:54 p.m. Attendees: Sherman Lea, Audit Committee Chair David Trinkle Audit Committee Member David Bowers, Audit Committee Member Court Rosen, Audit Committee Member Drew Harmon, Municipal Auditor Dawn Hope Mullins, Assistant Municipal Auditor Pam Mosdell, Information Systems Auditor Debbie Noble, Senior Auditor Ann Clark, Senior Auditor Octavian Reeves, Senior Auditor Ann Shawver, Director of Finance Chris Morrill, City Manager Sherman Stovall, Assistant City Manager Stephanie Moon, City Clerk Call to Order: Mr. Lea called the meeting to order at 4:04 pm. All members were present. City Council Expenditures Review: The results of the review were positive and overall spending was well belowlhe expenditure budget for the year. Mr. Harmon noted that Council approved revisions to the Travel and Expenditure policy on September 6th and asked if the Committee had any suggestions for . future reviews of Council expenditures. The Committee agreed that the report was favorable and had no suggestions or questions. , The report was received and filed without objection. Sheriff's Canteen & Auxiliary Funds Audit: This audit is required by the General Assembly and the scope was based on specifications from the Virginia Auditor of Public Accounts. A separate audit of the Sheriff's internal controls is also required to be performed by an independent audit firm and is currently in progress. Canteen net revenues totaled $212,000 and expenditures $197,000. Other fees collected from inmates totaled $140,000. Based on the results of the audit, expenditures were for the benefit of the inmates or used to offset the operating expenses of the jail, as required by law. The committee discussed the balances reported. Mr. Lea noted that it was a good report and that it appeared inmate funds were being properly administered. The report was received and filed without objection. Audit Committee Annual Report: The Committee reviewed the report and offered no corrections or changes. Mr. Lea commended members for regularly attending meetings and actively participating in discussions. The report was approved without objection and will be filed with the City Council. FY12 Audit Plan: The Committee discussed the proposed audit plan, as follows: · Fleet Parts: Discussed turnkey parts management services at Fleet and competition in this market space. The audit will evaluate contract compliance and verify payments are in accordance with the markups and profit margins specified in the contract. . Real Estate Billings & Collections: Discussed the processes that have been developed for using the Manatron system. Overall, the system seems to be functioning adequately and this audit will evaluate the design of processes for using the system. The audit will include looking at transfers of property and building permits. · Civic Center Management Contract: Discussed the operational aspects of the management contract, including assets, event accounting, and cash handling. Noted that the financial statements are audited annually by an independent audit firm. This would be the first audit of the contract by Municipal Auditing. The contract began in January 2009 and will expire December 2013. Preliminary objectives of the audit will be , to verify the basic elements of controls required by the contract, such as records, reports and inventories, are in place. Future audits might look at event accounting, cash handling, and asset management. . Risk Management: The preliminary scope of the audit will be insurance for buildings and equipment, including flood insurance. The audit will not address self insurance programs for health, auto liability, and workers compensation. Discussed the newly renovated Market Building that is now managed by a Foundation under a long term lease. The Foundation is responsible for insuring the Market Building. The audit would verify that changes in the City's property portfolio have been addressed in the City's insurance program. Deductibles were also discussed in terms of appropriate risk and cost considerations. Deductibles will be reviewed as part of the audit . Social Services Risk Assessment: The goal of this project will be to identify and understand all programs administered by the Department of Social Services. The final report is expected to provide a comprehensive overview of the City's social services programs and the risks associated with each program. . School Division Audits: The school audit plan is pending approval by the School Board. The Committee discussed the history of auditing in the School Division and the access Auditing has to Division financial records. The Auditing department was directed by Council resolution in 2001 to annually audit the records of the School Division. The Committee asked about the School Division's working relationship with the City's Constitutional offices. The Constitutional offices have worked cooperatively with the Division in the past. Banking and accounting protocols have been in accordance with State and local laws. Banking issues are currently being discussed that bear watching. . GRTC Audits: Discussed the furniture and credit card issues identified two years ago. The U.S. Attorney's Office has not yet prosecuted those involved and there has been no information communicated on the status of the case. Auditing will review the status of the furniture and credit card issues this year. Payroll processing has also been selected for audit based on its significance to the overall budget. · Financial Condition Report: The report will be developed by Municipal Auditing and will be based on data from other published sources, such as the City's Comprehensive Annual Financial Report. It is intended to consolidate financial, economic, and demographic data into a reader friendly presentation of trends affecting the City's financial condition. If successful, the report will be proposed as an annual or bi-annual project. The Committee asked if the issues related to the Flood Reduction Project had been resolved with the Corp of Engineers. Mr. Stovall and Mr. Morrill responded that the issues had been resolved and that the project would be officially closed in the near future. There being no further questions or suggestions from the Committee; the plan was received and filed without objection. , Schedule for future Committee Meetings: . Committee agreed to schedule a meeting for 1 :00 PM on December 19, 2011, for KPMG to present their opinion on the June 30, 2011 CAFR. . Committee agreed to continue quarterly meetings on the first Wednesday of September, December, March, and June at 4:00 PM. Other Business: . Committee asked about progress in addressing issues in the CSA program. Mr. Morrill responded that the Department of Social Services recently received a favorable quality review from the State and that they are preparing to update the Harmony software used to administer CSA. Adjournment: There being no other business for the Committee, the meeting was adjourned at 4:54 PM. b~.~~ Drew Harmon, CPA, CIA Municipal Auditor Audit Committee Secretary . 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, MMC City Clerk Candace R. Martin, Secretary Architectural Review Board Roanoke, Virginia Dear Ms. Martin: JONA'FHAN E. CRAFT Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk September 20,2011 This is to advise you that Derek Bayne Cundiff has qualified as a member of the Architectural Review Board for a four-year term of office ending October 1,2015. SMM:ctw Sincerely, ~~~~w City Clerk . , Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Derek Bayne Cundiff, do solemnly swear 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 Architectural Review Board for a term of four years ending October 1, 2015, according to the best of my ability. So help me God. The foregoing oath of office ~ taken, sworn to, and subscribed before me by Derek Bayne Cundiff thi~ day 0~11. Brenda S. Hamilton, Clerk of the Circuit Court B K:\Oaths and Qualifications\Architectural Review Board\Derek Cundiff oath. doc " ()~L IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of September, 2011. - No. 39201-091911. A RESOLUTION accepting the Western Virginia Workforce Development Board Workforce Investment Act grant in the amount of$75,000, and authorizing the City Manager to execute the requisite documents necessary to accept the funding. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Western Virginia Workforce Development Board Workforce Investment Act grant in the amount of$75,000, with no local match from the City, to be used during the period of July 1, 2011, through December 31, 2012, for the purpose of administering the Workforce Investment Act (WIA) Programs for certain WIA client populations, as more particularly set out in the City Manager's report dated September 19, 2011, to City Council, is hereby ACCEPTED. 2. The City Manager is authorized to execute and file, on behalf of the City, any documents required to accept such grant, in a form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the acceptance ofthe foregoing grant. . ATTEST: ~. ; '.:(j ; ',' . ""- ~ AlLfK~ 6 r). OW . .,.' City Clerk. ~~ , IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of September, 2011. No. 39202-091911. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Workforce Investment Act FY12 Regional Collaboration Grant; amending and reordaining certain sections of the 2011-2012 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 2011-2012 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Employee Salaries City Retirement FICA Medical Insurance Dental Insurance Life Insurance Disability Insurance Training and Development Business Meals and Travel Other Rental Marketing Supplies Contract Services Revenues WIA Regional Collaboration FY12 35-633-2379-1004 35-633-2379-1105 35-633-2379-1120 35-633-2379-1125 35-633-2379-1126 35-633-2379-1130 35-633-2379-1131 35-633-2379-2044 35-633-2379-2144 35-633-2379-3075 35-633-2379-8053 35-633-2379-8055 35-633-2379-8057 35-633-2379-2379 $ 27,731 5,003 2,121 4,256 250 83 92. 3,000 2,485 3,000 18,700 1,794 6,485 75,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: . J rr,. rd\ow City Clerk. l, . , CITY COUNCIL AGENDA REPORT To: Meeting: Su bject: Honorable Mayor and Members of City Council September 19, 2011 Funding for Western Virginia Workforce Development Board Workforce Investment Act (WIA) Programs Background: The Western Virginia Workforce Development Board administers the federally funded Workforce Investment Act (WIA) for Area 3, which encompasses the counties of Alleghany, Botetourt, Craig, Franklin and Roanoke, and the cities of Covington, Roanoke, and Salem. The City of Roanoke is the grant recipient for Workforce Investment Act (WIA) funding for Area 3, thus, City Council must appropriate the funding for/all grants and other monies received in order for the Western Virginia Workforce Development Board to administer WIA programs. WIA funding is for four primary client populations: · Dislocated workers who have been laid off from employment through no fault of their own; · Economically disadvantaged individuals as determined by household income guidelines defined by the U.s. Department of Labor; · Youth who are economically disadvantaged, or who have other barriers to becoming successfully employed adults; and · Businesses in need of employment and job trqining services. The Western Virginia Workforce Development Board has received a Notice of Obligation (NOD), from the Virginia Community College System, allocating $75,000 for Regional Collaboration Career Pathways for Program Year 2011 Uuly 1,2011- December 31 , 2012). Considerations: · Program Operations - Conduct a skills-gap assessment for local workforce Areas II and III, develop a Career Pathw'ays Toolkit, and test the model for a targeted industry. '.. · Funding - Funds are available from the Grantor agency and'other sources as indicated, at no additional cost to the City. , Recommended Action: Accept the Western Virginia Workforce Development Board Workforce Investment Act funding of $75,000 for Program Year 2011. Adopt the accompanying budget ordinance to appropriate funding and establish a revenue estimate in the amount of $75,000 in accounts to be established in the Grant Fund by the Director of Finance. Attached to this letter is a listing of the accounts and budget amounts for the above Program Y ar 2011 appropriations. Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Jane R. Conlin, Director of Human/Social Services 2 , Regional Collaboration Grant Budget: Wages Fica Pension Medical Dental Life Disability Business Meals and Travel Training Marketing Contract Services Supplies Other rental Total $ 27,731.00 $ 2,121.00 $ 5,003.00 $ 4,255.50 $ 250.00 $ 83.00 $ 92.00 $ 2,485.00 $ 3,000.00 $18,700.00 $ 6,485.00 $ 1,794.50 $ 3,000.00 $ 75,000.00 01~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of September, 2011. No. 39203-091911. A RESOLUTION accepting the Juvenile Justice and Delinquency Prevention Title II grant made to the City in collaboration with Family Service of Roanoke Valley, from the 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 of Roanoke does hereby accept the Juvenile Justice and Delinquency Prevention Title II grant made to the City from the Virginia Department of Criminal Justice Services in the amount of $55,968, with no local match from the City, for the term beginning July 1, 2011 through June 30, 2012, to be expended on the City of Roanoke's Project Back on Track, an evidence based treatment program designed to reduce youth substance use and youth crime, in accordance with all the terms, provisions and conditions relating to the receipt of such funds, as more particularly described in the report of the City Manager to Council, dated September 19, 2011. 2. The City Manager is hereby authorized to accept, execute, and file on behalf of the City of Roanoke, any and all documents required to obtain such funding, and to execute a contract with Carilion Medical Center d/b/a Carilion Clinic to implement the program. All such documents shall be approved as to form by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. t!i!!JEST: '~hl. oO>J . CIty Clerk ~.. ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of September, 2011. No. 39204-091911. AN ORDINANCE to appropriate funding from the Federal government through the Commonwealth of Virginia for the Juvenile Justice and Delinquency Project Sack on Track Grant, amending and reordaining certain sections of the 2011-2012 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 2011-2012 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Fees for Professional Services Revenues Project Back on Track Grant FY12 35-630-501 7 - 201 0 $ 55,968 35-630-5017 -5017 55,968 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~~rn.~&lV City Clerk. CITY COUNCIL AGENDA REPORT To: Meeting: Subject: Honorable Mayor and Members of City Council September 19, 2011 Project Back on Track in the City of Roanoke Background: In May, 2010, the City of Roanoke, in collaboration with Family Service of Roanoke Valley, applied to the Virginia Department of Criminal Justice Services under the Juvenile Justice and Delinquency Prevention Title II Grant Program, to fund an evidence-based treatment program designed to reduce youth substance use and youth crime. In August, 2011 Family Service of Roanoke Valley, the City of Roanoke and the Carilion Clinic Department of Psychiatry and Behavioral 'Medicine realigned the collaborative partnership for the implementation of Project Back on Track. In order to strengthen the sustainability of this project the City of Roanoke will directly contract with the Carilion Clinic in lieu of Family Service of Roanoke Valley. All of the parameters of the grant funding will still be met through this new configuration. Family Service of Roanoke Valley will continue to work with Carilion Clinic to provide the wraparound case management, service learning, life skills and parent education services integral to the evidence-based program model and Carilion Clinic will oversee the project, directly providing the counseling and psychiatric services. As the grantee of such funds, the City of Roanoke has received notification of award for the second year of the program in the amount of $55,968 in Federal funds. There is no local funding match requirement for this grant. These funds must be expended or obligated during the award period of July 1, 2011, thru June 30, 2012. Consideration: Project Back on Track is an evidence-based program model that Family Service of Roanoke Valley has adopted for replication in the City of Roanoke to address the problem of disproportionate minority contact in thejuvenile justice system. Project Back on Track uses counseling (individual, group, and family therapy), ( parent education, psycho-educational life skills, case management, mentoring and service learning to reduce the substance use criminal behaviors of juveniles, referred by the courts or schools. Project Back on Track in Roanoke is completing its first year of implementation, demonstrating success at keeping youth and their families engaged in its intensive set of services. Nationally, the project documented its success as a diversionary program, decreasing criminal recidivism and reducing substance using behaviors. In Year II, it is the project goal to engage a total of 50 youth and their families (67% African American) to achieve the objective of avoiding subsequent criminal offenses and abstinence from su bstance use. Recommended Actions: , Accept the Virginia Department of Criminal Justice Services Juvenile Justice and Delinquency Prevention Title II grant in the amount of $ 5 5 ,968, and authorize the City Manager to execute the' grant: documents substantially similar in form to the attached contract with Carilioh Medical Center D/B/A Carilion Clinic (Psychiatry and Behavioral Medicine). . All documents shall be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $55,968 and to appropriate the same amount to Fees for Professional Services in an account to be established by the Director of Finance in the Grant Fund. -' Christopher P. Morrill City Manager Distribution: Council Appointed Officers Brian Townsend, Assistant City Manager for Community Development Jane R. Conlin, Director of Human and Social Services Carol W. Tuning, Human Services Coordinator 2 Carilion Medical Center Page 1 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ROANOKE AND CARillON MEDICAL CENTER D/B/A CARillON CLINIC (Psychiatry and Behavioral Medicine) THIS MEMORANDUM OF UNDERSTANDING ("Memorandum") is made and entered into the 3rd day of October, 2011, by and between the CITY OF ROANOKE, and CARillON MEDICAL CENTER D/B/A Carilion Clinic (Psychiatry and Behavioral Medicine) ("Carilion Clinic"). For and in consideration of the mutual promises and obligations set forth in this Memorandum, the sufficiency of which is hereby acknowledged, the parties agree as follows: ARTICLE I PURPOSE The purpose of this Memorandum between the parties is to establish the City of Roanoke and Carilion Clinic partnership designed to replicate the Project Back on Track evidence-based program in accordance with the grant award and Statement of Grant Award\Special Conditions (attached herein) as provided by the Department of Criminal Justice Services to the City of Roanoke and to Carilion Clinic. Project Back on Track programming will be implemented by Carilion Clinic in partnership with Family Service of Roanoke Valley staff and the City of Roanoke for the targeted population as purchased services as described in the grant 11-A2242JJ09. In its second year of the Department of Criminal Justice Services grant funded project, the goal is to engage 50 City of Roanoke youth (ages 13 - 17) in Project Back on Track program, during the grant award period of July 1, 2011 through June 30, 2012. Project Back on Track programming will include counseling, service learning, life skills, case management and parenting classes to address a vital community priority: to reduce youth crime and to impact a prevalent cause of youth crime, substance abuse among our youth. Another aim of the project is to impact the problem of disproportionate minority contact. ARTICLE II GOALS AND OBJECTIVES The City of Roanoke Project Back on Track proposal was written in response to the recent surveys showing the problematic use of substance uses among the city's youth: especially cocaine, marijuana, prescription drugs, alcohol and heroin use. Such substance use contributes significantly to youth crime. In 2009 179 youth cases involved substance use problems that were Carilion Medical Center Page 2 identified. Substance use in the city of Roanoke exceeds national levels; in the case of cocaine by two times the national level and three times as many city youth report using heroin in comparison with national data. In 2009 the African American representation in the youth crime statistics was disproportionate representing 59% of juvenile intakes while only 35% of the population of youths are African American. These statistics indicate the need for Project Back on Track, proven to effectively reduce youth substance use and youth crime recidivism across , gender and racial differences. In Year" the project goal is to engage at least 50 youth ages 13 - 17, a minimum of 67% African American, to achieve the objectives of: (1) avoiding subsequent criminal offenses and (2) preventing further substance use among the youth participants. The outcome objectives of Project Back on Track will be evaluated, incorporating the required performance measures as identified by the DepartmE1nt of Criminal Justice Services. ARTICLE III OBLIGATIONS OF THE PARTIES The parties to this Memorandum agree that the following represents their respective obligations: A. City of Roanoke's obligations: 1. Serving as the fiscal agent for the Project Back on Track partnership project, th~ City of Roanoke's appropriate financial officer will submit the financial reports following the post award instructions and reporting requirements provided by the Department of Criminal Justice Services in accordance with the scheduled deadlines: October 19th, 2011, January 20, 2012, April 18, 2012 and July 19, 2012. Financial reports are required even if no expenditures have occurred. 2. In accordance with the Grant Award budget, Carilion Clinic will be reimbursed for expenses incurred including personnel, training and consultation costs, program supplies, and travel as appropriate to provide or purchase the services needed for counseling, family educational events, service learning and psycho-educational life skill sessions with the total amount of purchased services to not exceed $55,968. Requests for reimbursement must be accompanied by copies of receipts and/or invoices specific to this program. Carilion Clinic shall also provide documentation verifying payment of Staff costs. Payment will be made to Carilion Clinic within fourteen (14) days from date of receipt, subject to the approval of the City of Roanoke. The City of Roanoke reserves the right to refuse payment to Carilion Clinic in the event that Carilion Clinic Carilion Medical Center Page 3 submits a reimbursement request beyond the contract expiration date. B. Carilion Clinic's obligations: 1. Carilion Clinic will provide the services of qualified staff, which staff shall include employees of Carilion Clinic or independent contractors engaged by Carilion Clinic to provide services under this Memorandum (collectively, the "Staff'), necessary to implement the Project Back on Track best practice methods for counseling, service learning, psycho-educational skill development, case management and family education throughout the 2011-2012 school year, unless the funding situation changes and finances no longer allow for such staffing. 2. Carilion Clinic will provide the appropriate administration for quality control of Project Back on Track through oversight by a qualified Program Manager. 3. Carilion Clinic will complete the program reports upon the forms required by the Department of Criminal Justice Services, such report form attached to this contract , as exhibit "An, meeting expected deadlines in a timely manner paying due attention to accuracy and comprehensiveness requirements. Program reporting requirements will be met adhering to the deadline schedule: October 19th, 2011, January 20, 2012, April 18, 2012 and July 19, 2012. 4. Carilion Clinic will complete, or cause to be completed, criminal background, DMV and child abuse registry checks on the Staff and will not hire or engage anyone to provide services covered under this MOU who is convicted of a felony (unless excluded by law or pardoned) and/or who is listed on the child abuse registry and no one with a reckless driving conviction or DUI will transport students. All Staff will be required to have a current valid drivers' license and a vehicle with up-to-date inspections and registrations. 5. All Staff will comply with the agency's risk management policies and procedures: including policies and procedures related to using vehicles with current inspection stickers, buckling up all passengers, locking doors while transporting and avoiding cell phone use while driving and any other procedures the agency or local jurisdiction authorities deem appropriate to promote transportation safety. Carilion Medical Center Page 4 6. Carilion Clinic agrees to follow and provide, through the Staff, the services stated in the project proposal. Such proposal is attached to this contract as exhibit "8" and made a part hereof. 7. No student will go on a field trip unless permission has been obtained from the student's parent or guardian in advance. 8. No student will complete the evaluation survey unless permission has been obtained from the students' parent or guardian using the approved Informed Consent Form provided in advance of survey administration. 9. CarilionClinic agrees to comply with the policies and procedures required by the funding source, the Department of Criminal Justice Services, as presented in the general grant conditions and assurances regarding lobbying, debarment, suspension and other responsibility matters and drug-free workplace requirements. ARTICLE IV INSURANCE Carilion Clinic shall obtain and maintain during the life of this Memorandum, the insurance policies required by this Article. Any required insurance policies shall be effective prior to the beginning date of this Memorandum. The following policies and coverage are in place: An umbrella liability policy following the form of the underlying primary coverage in a minimum amount of $1,000,000. Such coverage shall be accompanied by a certificate of endorsement and furnished by Carilion Clinic to the CITY OF ROANOKE. Carilion Clinic and its subcontractors, if any, involved in this Memorandum shall maintain the following insurance coverages, written on alJ occurrence basis, issued by a company licensed to transact business in this State or through a program of self-insurance, during the life of this Memor,andum, and shall furnish the City of Roanoke with certificates of insurance which shall also include insurance deductibles, if applicable. The certificates shall name the City of Roanoke and Carilion Medical Center Page 5 its officers, agents and employees as additional insureds, providing coverage against any and all claims and demands made by a person or persons whomsoever for property damages or bodily or personal injury (including death) incurred in connection wi'th the services to be provided under this Memorandum with respect to the Commercial General Liability coverage and the Automobile Liability coverage. With respect to the Workers Compensation coverage, Carilion Clinic's insurance company shall waive rights of subrogation against the City of Roanoke and its officers, agents and employees. A. Commercial General Liability: $ One Million $Two Million General Aggregate Limit (other than ProductslCompleted Operations). $ One Million Products/Completed Operations Aggregate Limit. $ One Million Personal Injury Liability (including liability for slander, libel, and defamation of character). $ One Million each occurrence limit (including Iiabil,ity for Contractual, and Owners and Carilion Clinic Protective). B. Automobile Liability: $ One Million combined single limit with applicable endorsement to cover waste cargo. C. Workers Compensation and Employers Liability: Workers Compensation: statutory coverage for Virginia Employers Liability: $100,000.00 Bodily Injury by Accident each occurrence $500,000.00 Bodily Injury by Disease Policy Limit. $100,000.00 Bodily Injury by Disease each employee. D. The above limit amounts may be met by an umbrella liability policy following the form of the underlying primary coverage in a minimum amount of $ One Million. Carilion Medical Center Page 6 \ E. Proof of Insurance Coverage: 1. Carilion Clinic shall furnish the City of Roanoke with the required certificates of insurance showing the type, amount, effective dates and date of expiration of the policies. 2. The required certificates of insurance shall contain substantially the following statement: Should any of the above described policies be cancelled before the expiration date thereof the issuing company shall mail 30 days written notice to City of Roanoke, Risk Manager, 215 Church Avenue, SW., Room 506, Roanoke, VA 24011. The telephone number is (540) 853-1856. ARTICLE V INDEMNIFICATION Carilion Clinic agrees and binds itself and its successors and assigns to indemnify, keep and hold the City of Roanoke and its officers, employees, agents, volunteers and representatives free and harmless from any liability on account of any injury or damage of any type growing out of or directly or indirectly resulting from any act or omission of in its Project Back on Track program: the failure, refusal or neglect of Carilion Clinic to perform any duty imposed l!pon or assumed by Carilion Clinic under the terms of this Memorandum or any violation of Federal, State or Local law. In the event that at:ly suit or proceeding shall be brought against the City of Roanoke or any of its officers, employees, agents, volunteers or representatives at law or in equity, either independently or jointly with Carilion Clinic on account thereof, Carilion Clinic, upon notice given to it by City Councilor any of its officers, employees, agents, volunteers or representatives, will pay all costs, including attorney's fees, of defending the City of Roanoke or any of its officers, employees, agents, volunteers or representatives in any such action or other proceeding. In the event of any settlement or any final judgment being awarded against the City of Roanoke or any of its officers, employees, agents, volunteers or representatives, either independently or jointly with Carilion Clinic, then Carilion Clinic will pay such settlement or judgment in full or will comply with such decree, pay all costs and expenses of whatsoever nature and hold the City of Roanoke or any of its officers, employees, agents, volunteers or representatives harmless therefrom. Carilion Medical Center Page 7 ARTICLE VI . TERM AND EXTENSION OF MEMORANDUM Term. This Memorandum shall be from October 1, 2011 until June 30, 2012, subject to the termination rights of the parties as set forth in this Memorandum. Extension. This Memorandum may be extended for an additional one year term(s) by the written agreement signed by both parties sixty (60) da~s prior to the end of the current term. ARTICLE VII TERMINATION Termination: This Memorandum may be terminated by either party at any time, for any cause, or no cause, upon sixty (60) days written notice signed on behalf of either party. "'. ARTICLE VIII NOTICE Notice. Any notice, request, or demand given or required to be given under this Memorandum shall, except, as otherwise expressly provided herein, be in writing and shall be deemed duly given only if delivered personally or sent by certified mail, return receipt requested to the addresses stated below: To City of Roanoke Designee: Chris Morrill City Manager 215 Church Avenue SW Roanoke, VA 24011 Carilion Medical Center Page 8 To Agency Representative: Carilion Clinic Mark D. Kilgus, Chairman Dept of Psychiatry and Behavioral Medicine 2017 Jefferson St SW Roanoke, VA 24014 With a copy to: Carilion Clinic Office of the General Counsel 213 S. Jefferson Street, Suite 720 Roanoke, VA 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. ARTICLE IX MISCELLANEOUS Compliance with the Law. Carilion Clinic agrees to comply with all local, state and federal laws as the law currently exists or may exist in the future during the term of this Memorandum. Assiqnment. The provisions of this Memorandum are for the exclusive benefit of the parties hereto and not for the benefit of any third person, nor shall this Memorandum be deemed to have conferred any rights, express or implied, upon any third person unless otherwise expressly provided for herein. Captions and Headinqs. The section captions and headings are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of this Memorandum. . Severabilitv. The invalidity, illegality or unenforceability of any provision of this Memorandum as determined by a court of competent jurisdiction shall in no way affect the validity, legality or enforceability of any other provision hereof. Waiver. No failure of any party to insist upon strict observance of any provIsion of this Memorandum, and no custom or practice of the parties at variance with the terms hereof, shall be Carilion Medical Center ~age 9 deemed a waiver of any provision of this Memorandum in any instance. Governinq Law. This Memorandum shall be governed by and construed in accordance with the law of the Commonwealth of Virginia. Entire Aqreement. This Memorandum represents the entire integrated agreement between the parties and supersedes all prior negotiations, representations or agreements, either written or oral. This Memorandum of Understanding shall not be amended or modified except by written instrument signed by the parties. Signature of Agency Representative Identified Above: Date: Signature of City of Roanoke Representative: Date: '" Attachment "A" DOJ Quarterly Report Forms Carilion Medical Center Page 1 0 Carilion Medical Center / Page 11 Attachment "8" Project Proposal 1 69 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of September, 2011. No. 39205-091911. A RESOLUTION authorizing acceptance of a FY 2011 Edward Byrne Memorial Justice Assistance Grant from the U.S. Department of Justice, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the U.S. Department of Justice, the FY 2011 Edward Byrne Memorial Justice Assistance Grant in the amount of$115,079, with no local match from the City required, to be used for strengthening and enhancing law enforcement services. Such grant is more particularly described in the report of the City Manager to Council dated September 19, 2011. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents necessary to accept the grant, in a form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. ATTEST: fttQ~m.~ City Clerk . 1~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of September, 2011. No. 39206-091911. AN ORDINANCE to appropriate funding from the Federal government, Department of Justice, for the Byrne Memorial Justice Assistance Grant (JAG) Program, amending and reordaining certain sections of the 2011-2012 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 2011-2012 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Sheriff - Expendable Equipment (<$5,000) Police - Overtime Police - FICA Police - Expendable Equipment (<$5,000) Revenues Byrne/JAG Sheriff Technology Improve FY12 Byrne/JAG Police Bike Patrol FY12 35-140-5907 -2035 35-640-3623-1003 35-640-3623-1120 35-640-3623-2035 $46,032 56,340 4,310 8,397 35-140-5907 -5907 35-640-3623-3623 46,032 69,047 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: I-tt]~ \Yj, hi OW City Clerk. . G CITY COUNCIL AGENDA REPORT To: Meeting: Subject: Honorable Mayor and Members of City Council September 19, 2011 FY 2011 Edward Byrne Memorial Justice Assistance Grant Program Backg rou nd: The United States Department of Justice distributes funding directly to local law enforcement agencies through the Edward Byrne Memorial Justice Assistant Grant Program. Justice Assistance Grant programs fund many types of initiatives and are intended to improve officer safety. On August 23, 2011, the United States Department of Justice awarded the City of Roanoke $11 5,079 through its FY 2011 Edward Byrne Memorial Justice Assistance Grant Program. The application for the grant specified that the Police Department would receive $69,047 to support its bicycle patrol program and the Sheriff's Office would receive $46,032. for a radio system upgrade, court house security improvements, and computers. No local matching funds are required. Recommended Action: Accept the FY 2011 Edward Byrne Memorial Justice Assistant Grant Program described above and authorize the City Manager to execute the grant agreement and any related documents; all such documents to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to appropriate funding and establish revenue estimates consisting of accounts for the Police Department in the amount of $69,047 and for the Sheriff's Office in the amount of $46,032, in accounts to e established by the Director of Finance in the Grant Fund. ristopher P. Morrill City Manager Distribution: Honorable Octavia L. Johnson, Sheriff Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Christopher C. Perkins, Chief of Police Amelia C. Merchant, Director of Management and Budget / 01 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of September, 2011. No. 39207-091911. A RESOLUTION accepting the Department of Motor Vehicles Traffic Safety Grant to the City from the Commonwealth of Virginia's Department of Motor Vehicles, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept from the Commonwealth of Virginia's Department of Motor Vehicles, the Department of Motor Vehicles Traffic Safety Grant in the amount of $50,152, to be used for traffic safety. The grant, which requires a $10,031 in-kind match by the City, as more particularly described in the report of the City Manager to Council, dated September 19, 2011. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents setting forth the conditions of the grant in a form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required by the Commonwealth of Virginia, Department of Motor Vehicles, in connection with the City's acceptance of this grant. hJ.~ City Clerk ~ INTHE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th d~y of September, 2011. No. 39208-091911. AN ORDINANCE to appropriate funding from the U.S. Department of Transportation through the Commonwealth of Virginia Department of Motor Vehicles for a traffic safety grant, amending and reordaining certain sections of the 2011-2012 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 2011-2012 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Overtime Wages FICA Expendable Equipment (under $5,000) Training and Development Revenues DMV Traffic Safety Grant FY12 35-640-3446-1003 35-640-3446-1120 35-640-3446-2035 35-640-3446-2044 $ 34,422 2,634 11,716 1,380 50,152 35-640-3446-3446 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~~hl.oY)~w . .. . . City Clerk. L CITY COUNCIL AGENDA REPORT To: Meeting: Subject: Honorable Mayor and Members of City Council September 19, 2011 DMV Traffic Safety Grant Background: The Virginia Department of Motor Vehicles (DMV) is the administering agency for pass-through funds provided by the United States Department of Transportation for highway safety projects in Virginia. DMV offers these funds to successful applicants for activities, which improve highway safety in Virginia. The Police Department regularly applies for grant funding under this program. The Police Department has been awarded $50,152 in funding to be used for traffic safety. This funding will allow the Roanoke Police Department to fund 1,158 hours of overtime traffic enforcement, purchase 4 new traffic laser speed detection units and send 2 officers to Virginia Highway Safety Office (VAHSO) approved training. There is a required $10,031 in-kind match associated with this award that will be satisfied through the department's expenditure on motor fuel. Recommended Action: Accept the DMV Traffic Safety Grant described above and authorize the City Manager to execute the grant agreement and any related documents; all such documents to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to appropriate funding and establish a revenue estimate for the Police Department in the amount of $50,152, in an account to be established by the Director of Finance in the Grant Fund. Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development' Christopher C. Perkins, Chief of Police Amelia C. Merchant, Director of Management and Budget 0)fJC IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of September, 2011. No. 39209-091911. A RESOLUTION authorizing acceptance of the AmeriCorps Grant 2011-12 from the Commonwealth of Virginia, Department of Social Services, and authorizing execution of any required documentation on behalf ofthe City. BE IT RESOLVED by the Council ofthe City of Roanoke as follows: 1. The City of Roanoke hereby accepts the AmeriCorps Grant 2011-12 in the amount of$216,489, which includes a local cash match required from the City in the amount of $6,944 and an additional in-kind match of $112,921, from the Commonwealth of Virginia, Department of Social Services, to be used by the Roanoke Public Libraries to hire 19 AmeriCorp members for up to a one year period to expand current services and to provide computer literacy classes and individual computer assistance to children, teens and adults, as more particularly described in the report of the City Manager to Council, dated September 19, 2011. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents necessary to accept the grant, in a form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. ATTEST: ~'rn.~w . City Clerk R-AmeriCorps grant.9-19-201I.doc ~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of September, 2011. No. 39210-091911. AN ORDINANCE to appropriate funding from the Federal AmeriCorps program through the Virginia Department of Social Services to provide part-time personnel for various library services, amending and reordaining certain sections of the 2011-2012 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 2011-2012 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Temporary Wages FICA Workers Compensation - Other Administrative Supplies Training and Development Wearing Apparel Revenues AmeriCorps Grant FY12 AmeriCorps Grant FY12 - Local. 35-650-8307 -1004 35-650-8307 -1120 35-650-8307 -1141 35-650-8307 -2030 35-650-8307 -2044 35-650-8307 -2064 $ 84,770 6,944 900 4,829 3,000 3,125 35-650-8307 -8307 35-650-8307 -8308 96,624 6,944 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: AA~r:1. ~~ CITY COUNCIL AGENDA REPORT To: Meeting: Subject: Honorable Mayor and Members of City Council September 19, 2011 Second Year Funding - AmeriCorps Grant 2011-12 Background: The National and Community Service Trust Act of 1993 created AmeriCorps to expand opportunities for Americans to serve their communities. City Council accepted funding from the Commonwealth of Virginia Department of Social Services in the amounts of I $65,051 on September 7, 2010, and $38,788 on December 20, 2010 as part of the AmeriCorps program in support of certain library system programs.' Roanoke Public Libraries has now been awarded second year funding for an AmeriCorps grant totaling $216,489 in grant and local cash match. This will enable the Library to hire a total of 19 AmeriCorps members for up to one year to expand current services and to provide computer literacy classes and individual computer assistance to children, teens and adults. Classes will be located in a variety of places, including library locations, Goodwill Industries, the Job Force Center, 21 st Century School Learning Centers and at other partner agencies. The grant requires an additional 'cash match of $6,944 which is available in account (35-300-9700-5415) Local Match Funding for Grants, as well as an additional in-kind match of $112,921. The in-kind match is covered by various line items already in the Libraries' General Fund FY12 operating budget, such as existing computer databases, computer equipment, and administrative oversight. Considerations: City Council action is needed to formally accept and appropriate these additional funds, and authorize the Director of Finance to establish a revenue estimate and appropriations to use in implementation of the program in conformance with the AmeriCorps guidelines. Recommended Action: Accept the AmeriCorps Grant and authorize the City Manager to execute the amended contract and grant agreements and any related documents, subject' to them being approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $96,624, transfer additional local cash matching funding of $6,944 from Local Match Funding for Grants (35-300-9700-5415) and to appropriate funding in the amo nt f $10 568 to an account to be established in the Grant Fund by the Director o i a ChristopHer P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Sheila S. Umberger, Director of L~braries 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, MMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk September 20,2011 Rebecca Cockram, Secretary City Planning Commission Roanoke, Virginia Dear Ms. Cockram: I am enclosing copy of Ordinance No. 39211-091911 repealing Ordinance No. 1054 adopted January 26, 1923, which established set back building lines on certain streets within the Business and Residential Districts as defined by Ordinance No. 1050 adopted by Council on January 19, 1923. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 19, 2011, and is in full force and effect upon its passage. Sincerely, ~M.~o-ru Stephanie M. Moon, MMC City Clerk Enclosure pc: Christopher P. Morrill, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Christopher L. Chittum, Planning Administrator ~ ~dlll IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of September, 201L. No. 39211-091911. AN ORDINANCE repealing Ordinance No. 1054 adopted January 26, 1923, which established set back building lines on certain streets within the Business and Residential Districts as defined by Ordinance No. 1050 adopted by Council on January 19, 1923; and dispensing with the second reading by title 0 f this ordinance. BE IT ORDAINED by the Council ofthe City of Roanoke as follows: 1. Ordinance No.1 054 which established set back building lines on certain streets within the Business and Residential Districts, be and is hereby REPEALED. 2. Pursuant to ~12 of the Roanoke City Charter, the second reading by title of this - ordinance is hereby dispensed with. ATTEST: M~h1,~thJ City Clerk. L:\A rrORNEY\DA T A\CLSGI \Talevi\measureslrepeals of ordinances\REPEAL Ordinance No, 1054 9 19 Il.doc CITY COUNCIL AGENDA REPORT To: Meeting: Subject: Honorable Mayor and Members of City Council September 19, 2011 Repeal of Ordinance 1054 (Setback Ordinance) Backg rou nd: A setback is a minimum distance that a building must be located from a lot line or right-of-way. Setback ordinances adopted by the City Council were commonly used by the City to reserve space along streets should widening projects be requ ired at some point in the futu reo Ordinance No.1 054, adopted on January 26, 1923, by City Council, established building setback lines for portions of Franklin Road, Jefferson Street and Campbell Avenue in the downtown area. (Attachment A.) The YWCA owns property located at 605 1 st Street, S.W" and 1 06 Franklin Road, S.W., Official Tax Nos. 1013207 and 1013225, respectively. (Attachment A.) The buildings on the YWCA properties were constructed circa 1930 and encroach into the required setback of Ordinance 1054 (see survey included in Attachment B). The YWCA has requested that City Council repeal Ordinance No. 1054 as it applies to the YWCA's properties. Repeal of Ordinance No. 1054 wou Id serve to resolve a defect in the YWCA's title to the property related to the encroachment. Considerations: City Council action is required to repeal Ordinance No.1 054 as it applies to the YWCA property or to consider repeal of Ordinance NO.1 054 in its entirety. In addition to the YWCA building, there are numerous other buildings and structures located along Franklin Road, Jefferson Street and Campbell Avenue that appear to encroach within the setbacks established by Ordinance No.1 054 based on review of aerial images in the City's GIS. Repeal of Ordinance 1054 in its entirety would seNe to resolve these other potential title defects. . The ?etback lines in Ordinance No.1 054 conflict with the yard requirements of the current zoning ordinance found in Chapter 36.2, Zoning, Code of the City of Roanoke (1979), as amended, as they pertain to the Downtown "0" Zoning District which provide for buildings to be placed at the right-of-way line. Ordinance 1054 serves as an impediment to the desired development pattern in downtown. Consultation with the Transportation Division indicates that there are no plans to widen Franklin Road, Jefferson Street or Campbell Avenue in a manner that was contemplated by Ordinance No.1 054. Recommended Action: Repeal Ordinance No. 1054 in its entirety, as its provIsions are no longer necessary for future street widening projects, conflict with the existing development pattern in and around downtown, and are inconsistent with the current zoning ordinance regulations for the D, Downtown, District. Distribution: Council Appointed Officers \ R. Brian Townsend, Assistant City Manager for Community Development Ian D. Shaw, Zoning Administrator ,\ 2 - Q) Q) u.. -- 0 <( '<t Z 0 l[) LO. a C1l () C l\l C ~ o .9 CIl ti .... C1l >- U E t:: .;:: :::l ~ t) (/) e is C1l a.. lijl<c-*lg' '0 ~ ~ ~ 'g <c ~ ~ l[) J~rnr~U o .....<';'LL (/) iro M ~ ~ ~ X Z 0 ~ 0 0 X ~ ~ ~ ~ ~ ~ 0 0 0 0 ~ ~ ~ ~ <c ~ a.. :~~. D D D D D D [ill D D D D D i~lll D OJ C 'c 0 0 N LO (Il r-- c 0 0 :;:J ~ '5 ,a.. c LO 0 ~ 0 r-- ..... ("') . . . . . . ,.. 0 IATTACHMENT 81 WOODS ROGERS ~ ATTORNEYS AT LAW NICOLE F. INGLE (540) 983-7561 ningle@woodsrogers.com RECEIVED July 29,2011 AUG 0 1 2011 Christopher P. Morrill Roanoke City Manager 215 Church Avenue, S.W. NoelC. Taylor Municipal Building Room 364 Roanoke, VA 24011 CITY MANAGER'S OFFICE Re: Property owned by Young Women's Christian Association of the Roanoke Valley (the "YWCA"), a non-profit organization known as Official Tax Map Nos. 1013207 and 1013225 Dear Mr. Morrill: This letter is to request that the City of Roanoke repeal Ordinance 1054, copy enclosed, as it applies to the above property. The property owned by the YWCA is located on the South side of Franklin Road, S.W. within the block located between the'West side of First Street, S.W. and the East side of Second Street, S.W. The length of Franklin Road, S.W. lying between the West side of First Street, S.W. and the East side of Second Street, S.W. is approximately 300 feet according to the hereinafter described Plat. The property owned by the YWCA has approximately 161 feet of road frontage along the South side of Franklin Road, S.W. Ordinance 1054 dated January 26, 1923, established setback building lines on certain streets within the Business District of the City of Roanoke. The ordinance states, "The Building Line on the South side of Franklin Road to be ten feet South of the present property line from Jefferson Street to 2nd or Commerce Street, S.W.". According to information obtained from the City of Roanoke website, the improvements were erected upon the YWCA property in 1930. Therefore, 81 years has elapsed since the improvements were constructed and to the best of our knowledge no dispute has ever arisen pertaining to the setback line or the violation of the setback line during that time. However, the setback line creates a defect in the title to the property and the YWCA would like this defect cleared now that they have been made aware of it. Enclosed for reference is the subdivision map made for Appalachian Power Company and the YWCA by Jack G. Bess, Certificate Land Surveyor, dated February 9, 1994, recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia in Map Book 1, page 1297 (the "Plat"). (#1453415-1, 027477-00005-01) P,Q. Box 14125/ Roanoke, Virginia 24038-4125 10 South Jefferson Street, Suite 1400 (540) 983-7600 / Fax (540) 983-771 I Christopher P. Morrill July 29, 2011 Page 2 We are, therefore, requesting that the City of Roanoke repeal Ordinance 1054 a~ the same applies to the property owned by the YWCA known as Official Tax Map Numbers 1013207 and 1013225. Thank you in advance for your consideration of the matters set forth herein. We look forward to your response to our request. With kind regards, I am Very truly yours, WOODS ROGERS PLC $/,,/1/ Nicole F. Ingle NFI:dlj Enclosures ,- cc: Greg Withers Melissa Woodson {#1453415-1,027477-00005-01} IN TFJ:: COUIWIL ~'Ol{ 'l'tili Ul'l'Y Ul!' nUArlUl...t.;, VlntilIHA, The 19th da;;.- of Januar, 1923. Ho. 1052. A RESOLUTION authorizing the C1 t;y Manager to construct or cause' to be constructed a sewer in the alley between Orange and Hanover Avenues West of 13th Street, N. W., to accommodate the property of E. E. Agee. BE IT RESOLVED by the Council of the Oi ty 0 f Hoanoke that the City Manager be, and he is hereby au thon zed to construct, or cause to be constructed,i a sewer in the alley between Orange and Hanover Avenues West of 13th street N. 'H~ to accommodate the property of~. E. Agee, but before proceeding with the con- struction o~ said sewer the said E. E. Agee shall P~" into the Oity Treasury the full cost thereof, he to be reimburs~d one-half such cost at Some future time. IU THE 'COUNCIL l!'OH ~IE CI'l'Y Of' ROAlWKE, VIHGIITIA, The 26th day of January, 1923. Ho. 1053. A RESOLUTIOH to grant a penni t to the :noanol~e Gas Light COr:1ran;y to lay certain foilS mains. B}: IT m~S01VED by the Council of t)1.e Cit;y of Honnoke that a pemit b,e, :1 I j 1. A 4-inch main in Chapr:l!ln i,venue from 18th Street We st for a di stance .1 of 300 feet. 2. A 4-inch gas main in Elr:1 Avenue Southeast between 5th and 6th streetst The Roanol~e Gas Light Company by acting under this resolution agrees to und the ,same is hereby granted the Roanol~e Gas Light Comrany to la;y the following mains: inder:Jnify and save harmless the City of Roanoke iror:1 all olaims for damages to persor.. or property b:t" rellson of the construction of said Gas mains, and to replace the streets where the same are opened ir. accordar.ce with the General Ordinances of the City of Roanoke. Dr 'J?HI.: COmWI1 l!'m~ THL CITY OF ROAlWI:!:, VBGIlIIA, . The 26th day of January, 1023. no. 1054. AU ORDIrL.;1WE to eetablish set back building 1.ines on certain streets ! within the "Business" and "Residential" Districts us defined by or.dinance ado:pted ; by the Council of the City of Roanoke on the 19th du;;." of January, 1923. BE IT OlIDAIlTED b:,' the Council of the City of Roanoke that no building , hereafter erected or constructed on the streets hereinafter r.c~ed w1thin the "Business and Residential" Districts as established b~,' ord1nr-Jlce adopted i:;t the , i :! :! I I :1 ,I ,I .J.:Lle .oU:L.Lo.:L!Jg .u:LnU UI1 W"ltJ !Wr ~r: :;uue OL v~poe.L.L :.veY.!ue 1;0 De Sl.Y. :tee't north of the present pro:perty line as at present estalllished fro::J 3rd or Roanol:e Street to Gth Street S. \,1., and the building line on the Sonth side of Campbell Avenue to be six feet South of the present property line from 3rd or Roanoke Stree to Gth street S. ~. The Building Line on the South side of Franklin R~a to be ten feet South of the present property line i'rOr.l Jefferson Street to 2nd or Cor.:merce Street S. H. The Building Line on Jefferson Street to be six feet E~st of the present prcre rty line on the East side, and six fect West of the present proJ)crt~' 1ine on the Wect side fro.:l Taze'.vell Avenne und 5'1'o.n1:11n l~ond to the Virvn1/J,n ?'ail'.'.'a:r. ?.l::3IDEITTEL:JI :~i:;UC_f_ The Bui1ui J1P.: ~ine on the South si de of Crunp'hc 11 ;" 'Venue to be six feet South of '!he present property line fro::l Gth to 7tt Streets S. 'N. uncl the building line I)n the South side of Campbell i.venue' at 7th Street to be six feet South of the present propert;t line and nm to the Southeast property line of Cumpbell Avenue an " 8th Street. S. VI. as saii! lino is nO','1 est!l1:,lishe(l. The Buil.di:'lfj Line on. the Nor th si de of Cumpbell :'.xenue to be dx feet Nort}: of the present pr oye rt:r line bet'Neen Gth and 7th Streets S. ~. ! ~ i ~ I: I: II ~ to preEleribe tile number of places wIJere llD.':m-brol:ers T:l~;Y' be licensed. t.o I I II I I~T '2I'.:i:: COUlTer!. ~'O:1 TEI: CITY 02' ~O,"'HOlJ::, VBGIUIi" \ / '/-Ud; >>VI>> ~ (V!; e~ I~ ~'he 2Gth dn;)' 0 f Januer;y, ~923. lTo. 1055. "'.11 O~mIIrAUCE amendinG and re-ordaininG an ndinunce entitled, "idI and. to control a.nd regnlete thegranU.IlC of license for cOl1dnctin~ Cuel: business o.:rrroved lij: the !.~:,'or Iro"er.ll~er 15, 1915, and desig,.nte,i 0.8 lTo. 3849." J3B I7 OJ1L.rrmD that an ordinm~ce enti tIed, "l.11 O:'GJIlTldfC:C; to In'escribe the number of places '::'lor.:; 1~f.l\'ln-bro1:ers muy be licerwe,i to do bus iness, Ui~(l to control and regul:-.te 1:he gr:mting of license for conductin;~ such busir..e ES," be u:nended and re -ord~i ne d to read UG follows:- J.. Ti':ut not r;101'e than thrceplu.cos ill the Cit;r of ;~on,nol:c shall be license w~ere the business OT'11 pm'm-broker may be conducted, ilnd not r.lOre than one such place shull be de"igrwted in the sume order. and the license for each such place sr.all be numbered in reGUlar order (;.s granted, an:1. an~' license 5rnnted., or issued, eontrc.ry to, und in ey.cecs of the l,rovisions of tilis o::-dirance, shall be null and void. If T:lore ti1[::n three ar,!,licutionz silDll be made fOl' such licen.se to cover the sa~r.() perio,,, of ti!:;e, 01' an;;.' po:.tion of the S.').I:I(: reriod. of tir;~e, then, and in that event, such licenl:;El ch"l.ll be grc.ntc:d to the three nppL.CD.l1ts wilo ure recommended b~- the Ci"tjr !,~llna.;er, the Superintendent of Police and ti:e Cc.rtai~ of DetectiYcs 0::: 'tbc Ci t~~ of ~o.':t.'1cl:e, unlcsE', the CorroratiolJ Court, or the ,Tudt;:e thereof in vacation, ;cd ',:1 8 t;;;'\!18 - .00'001 . 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U1~ )o.y: ita ~ (r~ -~ g~~ ft=,o 0141 'iij----., .6~'L.~ \ \ I I ?\ ~111 <J'- , . rJ .~ !!l o 0 ullJ-: n:mo _2 <i . x ~~ .2.1' t. ,/. ,/y,~ II '2.Z-~'2.-' Cl'3.l.'v'O 1:>501 'ON 'a~o ''3Nn ')I';)"v"ii3.l.'3S .01 ll: 0.J .CS'O~I .OS'oo'Z. f~ (N'V"'Id S<QIOI) )........1'1I.\1'<:>1\"1 ,""''l:1'3.l.~'"'' =11'/1. .CL 'do~d '3H.l. ~O:l '3Nn Ml~ )",,'lS3H.l.nos'XO~d"" '3H.l. SI3N'" '>Io....S.l'3S '.'al.ON '0 o. r "r. r- r- 11 ~~ U.,. l!I.. n. o ~. o ell (Il 5 o ~i \ 0: .0 ... II: .J fi:\vi7J '\:.:.J-OJ :C. <l ();c~ ~ ih@ a~ iiiK ~ il:l _ <t -ill cl!(ll o . r-r 2 0" \ ~j @ ~ ::z fi. o oJ ~3<i ~&0 Q) . ~ '13 ~ ~r :! ~ (J UJ ! 1F ~ 0 0. 1 -<(~ ~ U1 ~ w ~ tD uJ ~- =. fJJ in:1 ~(jrl=<( U~(()~:! ~;~~~ ~11l<{6n: U12 ::z{1 :lOll .<i lI.::zoell. o<(cJloO ~7ad\~ -.qk i:i.... ![!. tl05uJ: BuRlDoY ~\9=&~ (l}....:1'n.r "2 -\9 ~~~~:t'D OuJgO!::::2 ~::ZifllO~<!. .~:c o 1 ~ \Il 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, MMC City Clerk CECELIA T. WEBB Assistant Deputy (:ity Clerk September 20,2011 Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32316 Ladies and Gentleman: I am enclosing copy of Ordinance No. 39212-091911 amending and reordaining Section 14.1-3, Litterino, and Section 14.1-16, Placement for collection oenerally, of Chapter 14.1, Solid Waste Manaoement, of the Code of the City of Roanoke (1979), as amended, to change a d~adline and clarify information needed for physically challenged service. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 19, 2011, and is in full force and effect upon its passage. Sincerely, ~ hi. :19q,J Stephanie M. Moon, MMC City Clerk Enclosure pc: Christopher P. Morrill, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Assistant City Manager for Operations Amelia Merchant, Director, Management and Budget Skip Decker, Manager, Solid Waste Management' cfa~ \ ~ 0\. 'v:::~ \. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of September, 2011. No. 39212-091911. AN ORDINANCE amending and reordaining Section 14.1-3, Littering, and Section 14.1- 16, Placement for collection generally, of Chapter 14.1, Solid Waste Management, of the Code of the City of Roanoke (1979), as amended, to change a deadline and to clarify information needed for physically challenged service; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council ofthe City of Roanoke as follows: 1. Chapter 14.1, Solid Waste Management, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, to read and provide as follows: Sec. 14.1-3. Littering. * * * (g) Upon the failure, neglect or refusal of the owner or occupant upon whom notice has been served pursuant to subsection 14.1-3(f) of the City Code to comply with such order, the city manager may have the removal performed by city personnel or a private contractor. The city manager shall keep an account of the cost for such removal and shall bill the owner or occupant responsible for placing the solid waste within the right-of-way plus an administrative processing fee of one. hundred dollars ($100.00) in addition to the actual cost and fees incurred in the removal and disposal of such solid waste. Such administrative processing fee, however, s.hall be reduced to fifty dollars ($50.00) when added to the cost of removal of loose leaves and ~eaves in plastic bags that are deposited in the right-of- way by citizens before December 31, ~ 2011. If such bill is not paid within thirty (30) days, legal action may be instituted for its collection. Prosecution for failure, neglect or refusal of such person to remove such solid waste shall not be barred by the city proceeding to have the work done in accordance with this section. Sec. 14.1-16. Placement for collection generally. * * * (d) Any person who is physically unable to transport all refuse and recyclables generated by all persons residing in a dwelling unit to the locations described in subsections (a) and (b) of this section may apply for physically challenged service. * * * (2) Any person initially applying for physically challenged service must present a physician's certification, acceptable to the city manager, that the applicant is unable to transport to the locations described in subsections (a) and (b) of this section all solid waste, including recyclables, generated by those persons residing in such dwelling unit. *** (4) Physically challenged service shall be available to citizens for a term of no more than twelve (12) months from the date of approval by the city manager. }~y perSOll receiving physically challenged service may apply fur additional t':;eh'e month terms pursuant to this subseotion (d), if such person remains otherv;ise qualified fur such service. (5) Any person receiving physically challenged service may reapply. for an additional twelve-month term.. if such person remains otherwise qualified for such service. No additional physician's certification of eligibility for physically challenged service shall be required of a citizen reapplying for such service. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: 4 M.m ~..~ City Clerk . ~ L:\AITORNEY\DAT AICLSG1 ITalevilmeasureslcode amendmentslO-Amending Section 14.1-3 and 14,1-16,doc 9A.~ ~'? IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of September, 2011. No. 39213-091911. A RESOLUTION amending the City's Fee Compendium to establish a fee for the purchase of a 48-gallon automated trash container for residents and small business owners to use in the disposal of the trash; and providing for an effective date. BE IT RESOLVED by the Council ofthe City of Roanoke that: 1. The following fee shall be charged for a 48-gallon automated trash container for residents and small business owners to use in the disposal of their trash, as the first (96-gallon) container is provided to each resident and small business owner at no charge: 48-gallon automated trash container fee: $52.50 2. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by City Council by Resolution No. 32412-032795, adopted March 27, 1995, effective as of that date, as amended, shall be amended to reflect the new fee for purchasing a 48- gallon automated trash container for residents and small business owners to use in the disposal of their trash, as the first (96-gallon) container is provided to each resident and small business owner at no charge. 3. Resolution No. 32412-032795 is hereby amended to the e~tent and only to the extent of any inconsistency with this Resolution. 4. The fee established by this Resolution will become effective immediately upon its passage, and shall remain in effect until amended by this Council. ATTEST: h1, ~&W City Clerk. L\A TTORNEY\DA T A\CLSG 1 \Talevi\measureslresolutionslsolid waste management fee compendiwn.doc CITY COUNCIL AGENDA REPORT To: Meeting: Subject: H9norable Mayor and Members of City Council September 19, 2011 Amendments to Sections 14.1-3, Littering, and 14.1-16, Placement for Collection Generally, of Chapter 14.1, Solid Waste Management, of the City Code, and the Fee Compendium Background: The City's Solid Waste Management Division periodically identifies operational issues that require amendments to City Code or fees previously established by City Council. Staff has identified three issues that require Council action: 1. Section 14.1-3(g) of the City Code includes certain requirements related to bagged leaf collection. On October 7, 2010, City Council adopted Ordinance N,o. 38960-100710 and amended Section 14.1-3(g) to change from $100 to $ 50 the administrative processing fee associated with removal of loose leaves and/or plastic bags of leaves that owners or occupants fail to remove from the right-of-way following proper notification before December 31, 2010. Staff recommends amending Section 14.1-3(g) to change the end date from December 31, 2010 to December 31, 2011, while maintaining the $50 administrative processing fee described above. 2. Section 14.1-1 6(d) of the City Code includes certain requ irements related to the trash collection program for physically challenged customers. On July 6, 2010, City Council adopted Ordinance No. 070610 and amended Section 14.1-16 of the City Code to remove the requirement for annual certification by a physician for a program participant. Staff recommends amending Section 14.1-16(d) of the City Code to clarify that the initial application for physically challenged service requires a physician's certificate, but that a reapplication for an additional twelve months of physically challenged service does not require a physician's certification. However, an applicant, whether he or she is applying for physically challenged service for the first time or for an additional twelve month 'period, must certify that he or she needs the physically challenged service. 3. The City's Fee Compendium includes fees related to solid waste- operations, including the sale of 96-gallon automated trash collection containers (Big Blues) in excess of the one container provided at no charge to solid waste customers. Some customers have identified a need to purchase 48-gallon containers for which a price has previously not been established for public purchase. Based upon the City's purchase price of $45.45, staff recommends establishing a price of $52.50 in the Fee Compendium for purchase of 48-gallon automated trash containers by solid waste customers to cover the cost of the container, administration, and handling. The price would become effective upon adoption by City Council. Recommended Action: Amend Section 14.1-3(g) of the City Code to revise the end date for charging an administrative processing fee for leaf violations, and Section 14.1-16(d) of the City Code to clarify the requirement for a physician's certification for physically challenged service, and amend the Fee Compendium by adopting a resolution to establish a price for 48-gallon automated trash containers at $52.50. Christo er P. Morrill City Manager Distribution: Council Appointed Officers I 2 (/JL A RESOLUTION authorizing the City Manager to enter into a Community Development Block Grant ("CDBG") subgrant Agreement with Total Action Against Poverty in Roanoke V alley ("TAP"), upon certain terms and conditions. WHEREAS, Deanos Ventures, LLC, the owner of Liberty Pines, a 28 unit apartment building located at 2502 Liberty Road, N.W., applied through the City for CDBG funding for the purpose of replacing heating, venting and air conditioning ("HV AC") units at that location, to assist with the reduction of energy costs to tenants, WHEREAS, Deanos Ventures, LLC, was awarded CDBG funding in the amount of$95,396.00 by the City for such replacements, WHEREAS, TAP, which has agreed to serve as the General Contractor in connection with the replacement of the HV AC units at Liberty Pines, will be compensated for the provision of such services from the CDBG monies awarded to Deanos Ventures, LLC, and WHEREAS, the City and TAP desire to enter into an agreement detailing the teImS, obligations, and conditions of the parties arising from TAP's use of the CDBG monies in connection with the HV AC replacements. THEREFORE, BE IT RESOLVED by the Council of the 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, a CDBG sub grant Agreement with TAP, in the amount of $95,396.00, for TAP to serve as the general contractor for replacing HV AC units at Liberty Pines, a 28 unit apartment building located at 2502 Liberty Road, N.W., in order to reduce energy costs for tenants, such agreement to be 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 September 19, 2011, to this Council. ATTEST: ~m.~iW City Clerk R-CDBG Subgrant Agreement with TAP-Liberty Pines.9-19-2011.doc 2 CITY COUNCIL AGENDA REPORT To: Meeting: Subject: Honorable Mayor and Members of City Council September 19, 2011 Agreement with Total Action Against Poverty (TAP) to Replace HVAC Units at Liberty Pines Background: Liberty Pines, a 28 unit apartment building located at 2502 Liberty Road, NW, in the City of Roanoke, is owned and operated by Deanos Ventures, LLC. The owner applied for Community Development Block Grant (CDBG) funding during the 2010 submission year to assist in replacing heating, ventilation and air conditioning (HVAC) units serving the apartments, with the intent of reducing energy costs to tenants. The property is eligible to receive CDBG funding, as greater than 51 percent of the tenants qualify under HUD guidelines as low to moderate income households. TAP (Total Action Against Poverty) has agreed to act as the General Contractor for this project in conjunction with a weatherization project funded by the U. s. Department of Energy at the same location. In addition, the property owner offered $24,287 of private funds for property improvements. On May 10, 2010, City Council approved funding for the "Greening Liberty Pines" project 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 2010-2011 CDBG funds on June 21, 2010, by Budge~ Ordinance No. 38846-062110 and Resolution No. 38845-062110. Considerations: In order that TAP may proceed with this project, City Council's authorization is needed to execute a subgrant agreement. Necessary CDBG funding is available in the account identified in the draft Agreement attached to this report. A total of $95,396 is being provided to this project to replace up to 28 HVAC units. Recommended Action: Authorize the City Manager to execute the CDBG subgrant Agreement with Total Action Against Poverty, similar in form and content to the draft attached to this report, such e toe approved as to form by the City Attorney. Christopher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Thomas N. Carr, Director of Planning, Building & Development Frank E. Baratta, Budget Team Leader Karl D. Kleinhenz, City Planner II / AG REEM ENT This agreement is made and entered into this 1 st day of September, 2011, by and between the following parties: The Grantee City of Roanoke, Virginia (City) 215 Church Avenue, S.W. Roanoke, Virginia 24011 The Subgrantee Total Action Against Poverty in the Roanoke Valley, Inc. 145 W. Campbell Avenue, S.W. Roanoke, Virginia 24011 WITNESSETH WHEREAS, by Resolution No. 38808-051010, the Council of the City of Roanoke, Virginia, ("Council") approved the 2010-2015 Consolidated Plan, incorporating the 2010-2011 Action Plan, for submission to the U.S. Department of Housing and Urban Development ("HUD"), including funding for the Greening of Liberty Pines project to be assisted with Community Development Block Grant ("CDBG"); and WHEREAS, by Resolution No. 38845-062110 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 Ninety Five Thousand Three Hundred Ninety Six and 00/100 Dollars ($95,396) in Community Development Block Grant funds is to be provided to the Greening Liberty Pines project for the purpose of upgrading existing HVAC units to provide reduced utility usage to tenants of a multi family residential unit in Roanoke; and WHEREAS, by Resolution No. XXX, adopted XXX City Council authorized the City Managerto 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 "Greening Liberty (Pines" project ("Project") and have as their purpose to replace existing inefficient HVAC units with new energy efficient heat pumps at the property known as Liberty Pines Apartments, 2502 Liberty Road, NW, within the City of Roanoke, thereby reducing the heating and cooling cost to tenants. Through CDBG funding provided by the Grantee, the Subgrantee will coordinate the replacement of up to 28 heat pump units. Further, housing activities shall be conducted in a manner consistent with the Subgrantee's due diligence and cost detail incorporated into this Agreement by reference. Page 1 of20Pages b. Specific Activities - Activities to be undertaken by the Subgrantee or qualified contractor procured by the Subgrantee during the course ofthis contract period include the following: 1. Inspect existing mechanical installation for the ability to install new system. 2. . Remove existing condenser unit, electric furnace/air handler. Dispose in acceptable manner. 3. Install approved heat pumps and air handlers as required by specifications. Size units to each location. Air handlers are to be matched for size to the heat pumps and connected to the existing duct systems. Modify existing duct systems to make sealed connections. Use existing wiring circuits as per manufacturer's specifications. Install new insulated fluid lines from heat pumps to air handlers. Replace existing mechanical fixtures, etc. as required to get complete installation. 4. Clean existing air ducts. 5. Provide the electrical connections required for a complete installation. 6. Provide disconnect for exterior heat pump units. 7. Install new digital non-programmable thermostat in existing location. 8. Install new return air filter at completion of work. 9. Review operation and maintenance with Owner or Owner's designated representative. c. Performance Exoectations - The efforts of the Subgrantee pursuant to the activities set forth under this Agreement are expected to achieve the following. 1. HUD Outcome Measurement: The primary outcome addressed by this program with respect to the HUD Performance Measurement System is to: · Provide increased sustainability of decent, affordable housing. 2. Specific Quantifiable Objectives: It is expected that this project will achieve the following: · By November 31,2011, it is expected that the Subgrantee shall have completed all activities as described in Section 1 .b. above. Page 2 of20 Pages d. Eligible Use of CDBG Funds (1) Eligible CDBG Activity: Rehab; Multi-Unit Residential 24 CFR 570.202(a)(1). Not less than 51 percent (51 %) of low to moderate income tenants living in units assisted with CDBG funds under this Agreement shall be "eligible" residents, as described in section l.e. below. 2. Eligible Broad National CDBG Objective: Housing for Low- and Moderate- Income Persons; 24 CFR 570.208(a)(3). e. Low and Moderate Income Tenants 1. Unless otherwise specifically indicated herein, assistance provided under this Agreement shall solely benefit persons whose estimated "family income" or, in the case of housing assistance, "household income," for the twelve months following the determination does not exceed 80%ofthe area median income, adjusted for the size of the family or household, as established by HUD. For the purposes of determining the family or 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 HOME assisted activities. All activities assisted with CDBG and/or HOME funds shall determine the gross family or household income, as applicable, through examination and retention of copies of source documents such as wage, interest, income tax, benefit or other statements. All CDBG and/or HOME assisted activities shall use the City's standard "Eligibility Determination Record" form, which includes use of the standard "Income Determination Worksheet," to clearly document the size and gross annualized income of the family or household. 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. 2. 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. e. Period ofthis Agreement --This Agreement shall be effective as of September 1, 2011, and, unless amended, shall end June 30, 2012. Page 3 of 20 Pages f. Budget - Unless amended, the total amount of CDBG funds provided by the Grantee under this Agreement shall not exceed $95,396 which shall be used by the Subgrantee for project costs directly associated with materials and labor for the activities stated in Section l.b. At the sole discretion of the Grantee, any funds remaining unexpended as ofthe end date of this Agreement may be deobligated from the Agreement and made available for other CDBG projects of the Grantee, as appropriate. g. Allowable Expenditures n Funds provided by the Grantee under this Agreement shall be used by the Subgrantee solely for the costs associated with providing the services described in Section l.b. above to the Project as described in Section l.a. above. The purchase of real property or equipment with funds proVided by the Grantee is not allowable. h. Contingency of Funding - Funding under this agreement is contingent upon the satisfaction ofa separate agreement between theCity of Roanoke and the owner of the property to which this contract applies and shall only be released upon that satisfaction. In the event that the agreement with the owner of the ,property is not satisfied, at the sole discretion of the Grantee, this Agreement may be terminated in whole or in part. 2. REQUESTS FOR DISBURSEMENTS OF FUNDS ( a. Disbursement of funds under this Agreement shall not be requested until the funds are needed for payment of allowable expenses. The amount of each disbursement request must be limited to the amount needed. b. In general, disbursements 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 supporting the request. Requests for payment of staff wages and benefits shall be supported by payroll summaries or similar documentation. c. Disbursement of funds to the Subgrantee for properly documented requests will generally be made within ten (l 0) days of receipt, subject to the allowability of costs and 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 l.e. above. The Grantee shall not be bound to honor requests for disbursements received after this 30-day period has expired. 3. 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. 4. Page 4 of 20 Pages 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. 5. REVERSION OF ASSETS Upon expiration or termination of this Agreement, including any amendments thereto, the Subgrantee shall transferto the Grantee any CDBG funds on hand atthe time of expiration or termination and any accounts receivable attributable to the use of CDBG funds. 6. REPORTING REQUIREMENTS a. By the 15th working day following the end of each month, the Subgrantee shall report the progress of activities covered by this 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: (1) A narrative section summarizing progress to-date on the program; (2) A final report summarizing the results, homeowner savings and related data; and (3) A table providing data on each housing unit and eligible family assisted (see Attachment A for minimum data elements to be reported). b. The Subgrantee agrees to submit any other reports or documentation as requested by the Grantee concerning activities covered under this agreement. 7. RECORDS REQUIREMENTS a. Records to be maintained n 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 n 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. Page 5 of20 Pages 8. MONITORING The Subgrantee shall monitor the progress of the project(s) 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. 9. 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 Subgrantee is required to undergo an annual independent audit conforming to the requirements of federal OMB Circular A-133. 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 under this 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 the fiscal year, whichever occurs earlier. 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 Grantee'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 Grantee within 30 days ofthe execution ofthis Agreement or as otherwise required by the Grantee's Risk Manager. 11. . OTHER PROGRAM/PROIECT 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. Lead-based paint n All assistance to housing under this Agreement shall be conducted in a manner consistent with HUD's lead-based paint requirements in 24 CFR 570.608 and HUD lead-based paint guidelines and EPA Renovation, Repair and Painting rules. As applicable, this includes, but is not limited to, documenting that: (1) the homeowner has been provided appropriate notifications such as the EPA lead-based paint booklet, lead-based paint evaluation, lead-hazard reduction, and clearance; (2) volun-teers have received an orientation as to the safe work practices necessary to protect themselves and the unit from lead-based paint hazards; and (3) individuals possessing proper qualifications have performed duties for which such qualifications are Page 6 of20 Pages required. In no case shall lead-based paint be used in the repair of any 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 the United 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 B.) c. Conditions for religious organizations -- 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 Agreement is not subject to federal Labor Standards, including prevailing (Davis-Bacon) wage rates for non-volunteer labor. Such standards will be applicable in the event CDBG funds are used for infrastructure improvements. Such standards will also become applicable for any single structure in which more than 7 housing units are assisted. e. Environmental standards -- In accordance with 24 CFR 85.36, 92.352 and 570.604, the activities under this Agreement are subject to environmental review requirements. Such requirements include, but are not necessarily limited to, historic significance, floodplain, clean air and hazardous sites. The Grantee has performed the tiered review necessary to initiate the preliminary program activities; however, no CDBG funds shall be disbursed by the Grantee for a given property prior to the Subgrantee's complying with the Grantee's environmental procedures, including the Subgrantee's completion of the required tier-2 environmental checklist and any required remedial actions. All such actions shall be carried out by the Subgrantee using qualified persons or entities. All property acquisitions shall be made contingent upon satisfactory results of the environmental process. All specifications for proposed housing rehabilitation under this Agreement shall be submitted to the Grantee's Department of Planning, Building and Development for review as to compliance with Section 106 of the National Historic Preservation Act. These specifications shall also be reviewed by the Grantee's Environmental Administrator to determine whether the potential for disturbing lead and other hazardous materials, such as asbestos, has been adequately taken into account. the Subgrantee agrees to adjust work specifications or activities in such manner as may be requested by the Grantee to ensure compliance with environmental requirements. The results of the historic and other environmental review "\ activities shall be reflected in the Subgrantee's environmental checklist for the unit and/or project site(s). 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. Page 7 of20 Pages 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 B.) h. Debarment and suspension n 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.//ep/s.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, 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. / L Uniform administrative requirements n 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 n In accordance with 24 CFR 570.611, no covered individual who exercises any functions 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 underthis 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. 12. UNANTICIPATED ARCHEOLOGICAL DISCOVERIES In the event that a previously unidentified archeological resource (Le., intact levels or intact features such as a foundation) is discovered during ground disturbing activities, the Subgrantee shall immediately notify the Grantee, which in turn will notify the State Historic Preservation Office (SHPO). All construction work involving subsurface disturbance will be halted in the area of the resource and in the surrounding area where further subsurface remains can reasonably be expected to occur. The Grantee and the SHPO or a qualified archeologist approved by the Grantee and SHPO will immediately inspect the work site and determine the area and the nature of the affected archeological property. Construction work may then I continue in the project area outside the site area. Within two (2) working days of the original notification of discovery, the Grantee in consultation with the SHPO will determine the National Register eligibility ofthe resource. Work in the affected area shall not proceed until either the development and implementation of an appropriate treatment plan or the determination is made that the located resource is Page 8 of 20 Pages not eligible for inclusion on the National Register. The discovery of isolated artifacts shall not be cause for halting construction work. Note: The discovery of human skeletal remains and associated funerary objects encountered during the course of actions taken as a result of this Agreement shall be treated in accordance with the Regulations Governing Permits for the Archaeological removal of Human Remains (Virginia Register 390-01-02) found in the Code of Virginia (10.1-2305, et seq., Virginia Antiquities Act). The Subgrantee, in coordination with the Grantee, will obtain a permit from the SHPO for the removal of human remains in accordance with these regulations. 13. 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 influence an officer or employee of any agency, a Member of Congress, an officer pr 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. 14. 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 for the purpose of meeting the requirements of this section. d. The Subgrantee will include the provisions ofthe 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 Page 9 of 20 Pages or vendor. 1 5. 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, astatement 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 ofwork done in connection with this contract. 16. 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. 17. COMPLIANCE WITH IMMIGRATION LAW: ) Pursuant to ~ 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. 18. INDEMNITY: 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 public property; I (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 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 anyof 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 judgment 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 judgment 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, Page 10 of20 Pages volunteers or representatives harmless therefrom. 19. THIRD-PARTY CONTRACTS The Grantee shall not be obligated or liable hereunder to any party other than the Subgrantee. 20. INDEPENDENT PARTIES: The relationshipbetween the Subgrantee and the Grantee is not intended in anyway 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 subcontractors. The Subgrantee shall be responsible for all actions of the Subgrantee, its employees, agents and any ofthe Subgrantee's subcontractors, and that they are properly licensed. 21. SUSPENSION AND TERMINATION: 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. No payment will be made forexpenses incurred after Subgrantee's receipt of notice of termination, except those expenses incurred prior to the date of notice that are necessary to curtailment of operations under this Agreement. The Agreement may be terminated for convenience in accordance with 24 CFR 85.44. 22. NOTICE: Any notice, request, or demand given or required to be given under this Agreement shall, ~xcept as otherwise expressly provided herein, be in writing and shall be deemed duly given only if delivered personally or sent by certified mail, return receipt requested to the addresses stated below. To the Grantee: Christopher P. Morrill, City Manager Room 364, Noel C. Taylor Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011 A copy of all notices shall be provided to: Karl D. Kleinhenz, City Planner II Dept. of Planning, Building and Development 215 Church Avenue, SW, Room 312 Roanoke, VA 24011. To the Subgrantee: Rick Sheets, Director, Energy Conservation and Housing Rehab Total Action Against Poverty in the Roanoke Valley, Inc. 145 W. Campbell Avenue, S.W. Roanoke, Virginia 24011 Page 11 of 20 Pages 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. 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 orchanged, 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 appropriate further funds for the implementation ofthis 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year herein above written: ATTEST: CITY OF ROANOKE, VIRGINIA By Stephanie M. Moon, City Clerk By Christopher P. Morrill, City Manager ATTEST: TOTAL ACTION AGAINST POVERTY IN THE ROANOKE VALLEY, INC. By Lora Brown, Asst. to the Preside~t By Theodore J. Edlich, III, President APPROVED AS TO CDBG ELIGIBILITY APPROVED AS TO FORM Dept. of Planning, Building & Development Assistant City Attorney Page 12 of20 Pages APPROVED AS TO EXECUTION APPROPRIATION AND FUNDS FOR THIS CONTRACT CERTIFIED Assistant City Attorney Director of Finance Date Acco u nt# 35-Gll-ll1,9-5564 ($95,396) Page 13 of 20 Pages Attachments '" Attachment A - Housing/Beneficiary Reporting Elements Attachment B - Special Federal Terms and Conditions AttachmentC - Subrecipient Insurance Requirements Page 14 of20 Pages Attachment A Housing/Beneficiary Reporting Elements On a monthly basis, the Subgrantee shall proVide a narratiye 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 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 Ethnic group Whether family is headed by a single female Whether head of household is disabled CDBG funds committed to property Prime Contractor (if applicable) Name Federall.D. Number (or Owner Social Security Number) Whether Minority-Owned, Women-Owned or Both CDBG funds committed to Prime Subcontractor (if applicable; provide separate data for each subcontractor) Name Federall.D. Number (or Owner Social Security Number) Whether Minority-Owned, Women-Owned or Both CDBe funds committed to Subcontractor Page 15 of 20 Pages Attachment B 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 ortraining. 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 pursuant to the subcontract 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 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 135. 2. Eaual Employment 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. Page 16 of20 Pages 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 en~ure 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, upgrading, demotion or transfer; 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 of this 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 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. n the event of the Subgrantee's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, 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 Executive 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 Page 17 of 20 Pages 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 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 opportunity 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 of future 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 regulations with respect thereto, including the regulations 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 measures as are necessary to enforce such covenant and will not itself so 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. 5. Obligations 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. Page 18 of 20 Pages 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 HUDapproval of the application for such assistance, or HUD approval or applications for additional assistanc~, 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 funds 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 the administration of the Order, the administration of the Civil Rights At of . J 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, Disallow all or part of the cost of the activity or action not in compliance, Wholly or partly suspend or terminate the current Agreement, or. Take other remedies that may be legally available. ,- b. c. d. Page 19 of 20 Pages Attachment C 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 consu'lt 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. Type of Insurance Coverage General Auto Liability Workers' Liability Compensation Required by contract? Yes Yes N/A Workers' $1 ,000,000 $250,000 Compensation Minimum Limits of Combined Combined to Statutory Coverage Single Limit Single Limit Limits; Per $100/500/100 Occurrence Per Accident Employers' Liability Limit Minimum Best's Guide A-VII; must be A-VII; must be A-VII; must be Rating / Other an ad mitted an ad mitted an ad mitted Requirements insurer insurer insurer Additional Insured Yes Yes N/A Endorsement Required? , Waiver of Subrogation? Yes N/A N/A 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 added as additional insureds." Additional insured coverage must be primary and the city's insurance program must be non-contributory. Page 20 of 20 Pages City of Roanoke FYll Financial Performance Highlights . Revenues exceeded the budget for the first time since FY08 . Total General Fund revenues grew 1% compared to FY10 and Local Taxes grew 1.7% (when adjusted for the 2 cent meals tax increase and social services revenue decrease) · Strong expenditure control during the year enabled the City to increase funding of reserves and devote additional funding to capital needs: o $1.9 million added to the Undesignated Fund balance; bringing it to its target level of 10% o $1.4 million added to the Risk Management Reserve o Funding of $3.6 million was devoted to capital needs as the year concluded . Funding of Roanoke City Public Schools increased $6.8 million (11%) due to local tax growth and the $4.6 million Eat for Education meals tax program . The Roanoke Pension Plan achieved investment performance of 25%, outpacing its policy benchmark by almost 3% and performing in the top 5th percentile of similar plans 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 September 19, 2011 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: June 30, 2011 Unaudited Financial Report for the City of Roanoke and Roanoke City Public Schools The following financial report provides the unaudited results of the City's financial performance during the fiscal year ended June 30, 2011. It is important to note that the results presented here are accurate as of this date; however, they have not been audited, and are subject to change. General Fund revenues through June are 1.3% or $3,262,000 above last year as presented in the accompanying financial statement. The largest single local tax revenue increase was the Prepared Food and Beverage Tax at 43.6% due to the tax rate change from 5% to 7%. In addition, the largest local tax revenue, Sales Tax, increased 2.8% in FY11 as compared to FY10 as 'unemployment and local consumer confidence improved across the year. Intergovernmental revenues declined by 5.5% as a result of decreases in CSA services. General Fund expenditures increased by 1.0% or approximately $2.5 million as compared to FY10. Education, the largest expenditure category, grew 10.6% based on an increase in City support. to schools in order to offset State funding reductions. In addition, increases in transfers to the Capital Projects Fund were reflected in the Nondepartmental Expenditure totals which increased by 84.1 %. Reductions in Health and Welfare services and Transfer to Debt Service offset some of these increases. Variances are discussed in greater detail in the expenditure section of this narrative. As a whole, the General Fund revenues performed better than the adopted budget and expenditures were within the budget resulting in an increase in the General Fund balance of $1.9 million. Growth of approximately $0.1 million occurred from interest earnings on our Undesignated Fund Balance, and the remainder was a result of unspent appropriations. Honorable Mayor and Members of Council September 19, 2011 Page 2 Revenues: The current revenue budget for FY11 represents a 1.3% decline compared to the prior year budget. The largest decrease was the Intergovernmental category. Commentaries on significant variances of FY1 0 to FY11 actual results are shown below. General Property Taxes increased 1.4% or $1,444,000 compared to FY10 due to growth of 0.9% in Real Estate, most notably due to new construction. In addition, Personal Property Tax increased 1.9% or $329,000 due to an increase in the number of vehicles as compared to FY1 o. Other Local Taxes increased 8.3% or $5,679,000 compared to FY10. The main driver for this increase was the change in the Prepared Food and Beverage Tax rate. Adjusted for the rate change impact, this category increased 1.7% or $1,215,000. Several local taxes increased compared to the prior year. Utility Consumer, Transient Occupancy and Motor Vehicle License taxes increased by 4.0%, 10.7% and 2.6% respectively. The increase in Utility Consumer tax was due to an increase in water and electric consumption when compared to FY10. Transient Occupancy taxes showed improved performance across the year. Business in the lodging industry, which is a function of occupancy and room rates, improved as the economy stabilized. Collections of delinquent amounts also boosted current year revenues. Some other local taxes declined in FY11 as a result of continued economic challenges. Cigarette and Recordation taxes declined compared to last fiscal year by 7.0% and 5.2%, respectively. The Cigarette tax continued to decline which was consistent with the decreasing national trend in the number of smokers. Recordation taxes continued to follow trends in the real estate market where sales remain depressed. I Permits. Fees. and Licenses increased 10.2% or $89,000 compared to FY10. New construction resulted in permit revenue growth. Large building permits obtained in FY11 included construction for the City Market Building, Brandon Oaks Apartments, and others. Fines and Forfeitures increased 14.6% or $235,000 compared to FY10 primarily a result of an increase in General District court fines. Additionally, an increase in parking fees, effective July 1, 2010, resulted in higher parking ticket fee revenue for FY11. Revenue from the Use of Money and Property declined 44.8% or $260,000 compared to FY 10. A 57.1 % reduction of rental income, primarily a loss in income from the Commonwealth Building, was the largest factor in this decline. The relocation of the Health Department from a City-owned building to the Civic Mall location also contributed to the decline in rental income. Intergovernmental revenues decreased 5.5% or $3,803,000 compared to FY1 0 due primarily to a decline in CSA revenue. Also contributing to the variance were decreases in the Shared Expenses category, related to the Compensation Board. For FY11, the Compensation Board cut funding for Constitutional Offices, most notably the Sheriff's office. Additionally, a reduction of funding from the State for jail per diems also contributed to the decrease. Snow disaster reimbursement from the Department of Emergency Management was received Honorable Mayor and Members of Council September 19, 2011 Page 3 in FY10. There was no such funding in FY11. Foster Care and Street Paving revenue categories had significant increases year over year partially offsetting declines noted above. Miscellaneous revenues increased 20.9% or $123,000 compared to FY1 0 due primarily to an increase in delinquent real estate tax sales proceeds in FY11. Expenditures: The current fiscal year 2011 General Fund expenditure budget totaled $259.0 million and represented a 0.9% or $2.4 million decrease from the FY10 budget. Included in the budget was funding of approximately $ 599,000 to cover contracts and purchase orders made during fiscal year 2010 but not paid by the end of that year. All categories of the FY11 General Fund budget were lower than in FY10 with the exception of the Transfer to School Fund and Non-departmental, which fluctuated based on transfers to other funds which are characterized as nonrecurring. General Government expenditures increased 6.1 % or $726,000 compared to FY1 0 primarily due to a change in the allocation of technology maintenance contract costs in FY11. Restating FY10 to account for the change in maintenance contracts, expenditures increased by 1.9%. Beginning in FY11, IT maintenance costs were directed to specific user departments. The General Government category was the recipient of significant contract billings based on systems maintained in Finance and Purchasing and other departments to a lesser extent. In addition, litigation increased the City Attorney's Department expenditures related to a Public Service Corporation Personal Property valuation dispute with Verizon. Health and Welfare expenditures decreased by 8.6% or $3.6 million compared to FY1 0 due to significant declines in CSA services which were partially offset by increased foster care expenditures. Transfer to Debt Service Fund declined 14.1 % or $3.1 million from the prior year. The Series 1999A and 1999B bonds were paid in full in FY1 O. In addition, the issuance of Series 201 OA and 2010C Refunding. Bonds included a restructuring component that decreased the required funding of FY11 debt service for the City and Schools. Transfer to School Fund increased 10.6% or $6.7 million from the prior year. The increase in school funding was a result of the added funding from the 2% change in the Food and Beverage Tax rate amounting to $4.6 million and favorable property and local tax revenue growth during the year which contributed $2.1 million. Nondepartmental expenditures increased 84.1 % or $5.4 million due to transfers to the Capital Projects and Department of Technology Funds for capital funding of projects and a transfer to the Risk Management Fund to increase the City's Risk Management Reserve. Civic Facilities Fund In FY11, the Civic Center held 270 events with 252,577 attendees. There were 5.3% or 15 fewer events as compared to FY10. However, attendance increased by 16.0% or 34,793 Honorable Mayor and Members of Council September 19, 2011 Page 4 compared to FY1 0 indicating larger crowds at events held at the Civic Center during FY11. Event highlights for June included WWE, the United Methodist Conference and the Miss Virginia Pageant. There were 26 events held in June compared to 21 budgeted, however, most were small in nature. The budget included one major event which did not materialize which negatively impacted June operating results. Global Spectrum's Net Operating Loss for the month was $187,000, increasing the year-to- date combined Operating Loss to approximately $1,510,000. This is approximately a 13.2% or $230,000 improvement to the total Civic Center Fund operating performance for FY11 as compared to FY10. Global Spectrum's operational results were the primary reason for the overall reduction in the operating loss in FY11. The reduction in Net Assets of 30% or $107,000 was due to the improved operational results being offset by a lower subsidy to the Civic Center from the General Fund during FY11. The General Fund benefited from the improved performance by transferring a 9.2% lower subsidy in FY11. Parking Fund The City's Parking Fund operates seven garages and six surface lots with a total FY11 budget of over $3.0 million. While each facility generated varying levels of income or loss, the Parking Fund as a whole met all cash flow needs, including debt service, without a General Fund subsidy and generated working capital to fund facility improvements and repairs. The FY11 year-to-date operating revenues increased 3.9% or $107,000 compared to FY1 O. A revitalized Market Garage continues to lead the way, accounting for nearly two thirds of the revenue increase. Elmwood Park Garage and Center in the Square Garage continue to exceed FY10 results. Tower Garage remains behind FY10, displaying the poorest performance of all locations relative to the previous fiscal year. This was due to the loss of parkers from several large corporate customers. Gainsboro Garage and Higher Education Center Lot also remain significantly behind last year in revenues. The decline at these two locations was due to the elimination of paid parking for employees by the Higher Education Center and increased street parking by students. In all, eight facilities increased revenues in FY11, four declined, and one remained even. On the expense side, spending levels for FY11 are under those of FY1 0 due to $497,000 in maintenance projects included as operating expenses in FY10. Operating Income improved $767,000 compared to FY10. This was a function of the combination of a 3.9% improvement in revenues coupled with a 24.9% decline in expenses. The increase in Interest Expense reflects the additional debt burden incurred to renovate the Market Garage. The transfer to Capital Projects Fund was for the automated parking ticket capital project which was originally placed in the Parking Fund. As a result of these activities, Net Assets increased $72,000 as compared to a decrease in Net Assets of $251 ,000 in FY1 O. Honorable Mayor and Members of Council September 19, 2011 Page 5 City of Roanoke Pension Plan The Pension Trust Fund experienced an investment return of 25.2% for the fiscal year ending June 30, 2011, led by strong performance in the domestic and international equity allocations, as well as the convertible bond allocation. Investment performance for this period was well ahead of the Policy Portfolio return benchmark of 22.4%, ranking in the top 5 percent when compared to other plans. The fair market value of investments held within the Plan was $367.0 million as of June 30,2011, inclusive of $38.7 million in cash collateral for securities on loan. For the fiscal year ending June 30, 2011, Plan Net Assets increased $49.9 million. The net increase is a result of $11.2 million in employer contributions and $67.6 million in net investment gains offset by $28.9 million in benefit payments and Plan administrative expenses. Benefits Paid to Participants increased 2.5% due to higher retirement allowances having been earned by more recent retirees, while Administrative expenses increased modestly. Roanoke City Public Schools Financial performance of Roanoke City Public Schools (RCPS) is reported to City Council on a quarterly basis. The School Fund amounts as presented in this report correspond with amounts reported to the School Board on August 9, 2011. Total revenues for the year were $141.6 million compared to a budget of $137.2 million. Revenues increased by 2.3% or $3.2 million as compared to FY10 results. RCPS funding increased by $6.8 million due to the 2% Food and Beverage tax rate increase and improved property and local tax revenue performance in FY11. A year end review of City funding for RCPS using the latest local tax revenue performance resulted in additional funding totaling $474,234 for RCPS. The attached City of Roanoke statement includes this latest development in the Transfer to School Fund amount while the RCPS financial statement prepared before the final funding calculation does not. State funding declined by $6..5 million which was comprised of state education funding reductions of $4.3 million and a reduction in funding from the State Fiscal Stabilization Fund of $2.2 million which was a part of the stimulus program. Other revenue increased by 55.5% or $2.4 million as a result of a refund from RCPS's prior health insurance carrier, increased reimbursement from the Regional Special Education program, insurance recoveries related to medical stop loss coverage and the settlement of a water damage claim at one school. Total expenditures for the year were $130.4 million compared to a budget of $137.2 million. Expenditures declined by 0.4% or $0.5 million as compared to FY10 results. Instruction expenditures declined by 1.3% or $1.2 million and Transportation expenditures increased by 13% or $1.0 million related to routes required to service school choice. Fund Balances City Council adopted revised Reserve and Debt Management Policies in November 2010. The reserves and funding plan are outlined as follows: Honorable Mayor and Members of Council September 19, 2011 Page 6 The Undesignated General Fund Reserve is intended to provide the City with sufficient working capital and a margin of financial safety to address unforeseen, one-time expenditures, emergencies or significant unforeseen declines in revenues in a specific year, for which there is no other current budgetary resource available, or other designations of fund balance available to satisfy the funding need. The Reserve and Debt Management policy states that the reserve target will be 10% of the General Fund budget. The balance as of June 30, 2011 was $26,046,808 or 10.07% of the FY12 budget, an increase from the prior year when the reserve stood at 9.52%. The reserve increased $84,941 as a result of interest earnings and $1.85 million from unspent appropriations from FY11. The Risk Management Reserve is intended to cover the risk exposure the City has due to its self-insurance program. The City is self-insured for Health, Workers' Compensation, General Liability and Automobile claims with catastrophic coverage in most areas. The Reserve floor is based on 25% of the three year average of self-insured claims, plus 10% of the three-year average of fully insured premiums, plus a $1.0 million catastrophic reserve. The Reserve balance as of June 30, 2011 was $29,858. The City has not reached the targeted reserve of $4,411 ,475; however, significant contribution.s were made to the fund in the amount of $1.4 million in FY11. The Risk Management Fund includes long-term liabilities based on the projection of expense that will ultimately be paid by the City on workers' compensation and other claims. The Economic Downturn Reserve is intended to be in addition to the Undesignated General Fund Reserve and was specifically created to smooth financial operations in the event of an economic downturn. Council's adopted policy calls for the Economic Downturn Reserve to be created once the Undesignated General Fund Reserve and the Risk Management Reserve are fully funded. This Reserve will be maintained in an amount up to 5% of the General Fund Expenditure Budget for the current year and will be held as a designated portion of the City's General Fund Balance. There is not an Economic Downturn Reserve balance at this time based on the Reserve Funding. The Reserve Funding Plan outlines the priorities of funding in order to establish Reserves at the targeted levels as outlined in the policy. Annual funding of reserves will be from $0.25 million to $0.5 million through the annual budget plus funds directed toward the reserves based on year end surpluses. The priority of funding of reserves will be first to fund the Undesignated General Fund Reserve to the 10% target, second, to fund the Risk Management, Reserve to the computed reserve floor, and finally to fund the Economic Downturn Reserve to the 5% maximum. Once the General Fund revenues return to the 2009 level, as adjusted by the Consumer Price Index and any permanent tax rate increases relative to the FY 2009 tax rate, the City will fund 10% of the revenue growth to the reserves. The Economic and Community Development Reserve (E&CD Reserve) is intended to demonstrate a commitment to financial planning for economic and community development projects which may provide future growth opportunities and expansion of the tax base in Roanoke. The E&CD Reserve cannot be used for operating or recurring expenditures. The Reserve is to be maintained at or above a reserve floor of $1.0 million and will be held as a designated portion of the City's Capital Projects Fund Balance. The E&CD Reserve balance as of June 30, 2011 was $4,386,230 with $3,943,490 available to the City and $442,740 Honorable Mayor and Members of Council September 19, 2011 Page 7 available to Roanoke City Public Schools. Generally, the E&CD Reserve will be maintained by allocating interest earnings of the Capital Projects Fund and proceeds from the sale of surplus general government real property. In closing, the national economy appears stalled or growing at a very slow rate. The large stock market swings in August raised concerns of continued long term economic turbulence . and the potential for an additional drop in economic activity. The U.S. Government debt limit issue was resolved; however, other national governments' financial and economic issues have heightened concerns on the global economic outlook. Economists are holding to their ongoing forecasts for the overall economy and are careful when speaking about further economic declines. Focusing on Roanoke, local tax revenue results varied by tax and continued to perform at stable or improving trends. The unemployment rate improved year over year but remains a challenge to growth. From the May to July period, there was an increase in local unemployment of 0.4% to 6.6%. The housing market and commercial real estate markets remain depressed without signs of improvement, similar to the national trends. As a result, real estate taxes remain a concern for the future. The City has managed expenditures well for the year and revenues performed better than anticipated. The City ended the year in good overall financial condition. As a result, budget revisions were made in early June and again as financial results were finalized to utilize available resources in the current fiscal year for an employee stipend and for capital needs. Please. contact me with any questions you may have concerning the City's financial statements; I will be glad to assist you. Sincerely, fQJ6~ Ann H. Shawver Director of Finance Attachments c: Christopher P. Morrill, City Manager William M. Hackworth, City Attorney Drew Harmon, Municipal Auditor Stephanie M. Moon, City Clerk Sherman M. Stovall, Assistant City Manager R. Brian Townsend, Assistant City Manager Amelia C. Merchant, Director of Management and Budget Deborah J. Moses, Parking Facilities Manager Robyn L. Schon, General Manager, Global Spectrum Rita D. Bishop, Superintendent, Roanoke City Public Schools Curtis Baker, Deputy Superintendent of Operations, Roanoke City Public Schools . ,,~ . ." -.,', .: City of Roanoke, Virginia Report of City Manager Transfers Year Entlecl June 30; 2011 (Unaudited) Transfer Number Date Explanation From To Amount CMT 10-00159 08/13/10 Funding for Consultant Fee and Budget Contingency Human Resources $ 30,000 Ancillary Costs Associated with the Economic Development Director Search CMT 10-00182 08/23/10 Reimburse Financial System Capital Improvement Advantage Financial 72,400 Project for Funds Borrowed to Reserve System Upgrade Project Provide a Portion of Local Match for Fire-EMS Digital Radio Grant CMT 10-00186 08/31/10 Fund Regulated Waste Disposal Fleet Management and Environmental 15,331 for FY11 in Environmental Building Maintenance Management Management CMT 10-00189 09/02/10 Replacement of Hand-Held Capili=lllmprovement Parking Enforcement 10,378 Devices Used by Parking Reserve Equipment Project Enforcement Officers CMT 10-00205 10/27/10 Purchase of Salt Brine Transportation - Snow Fleet Management 11,306 Application Tank/System Removal CMT 10-00214 12/15/10 Art Plan General Fund Contingency Planning, Building & Economic Development 10,000 CMT 10-00214 12/15/10 Litigation - Verizon Virginia Appeal of SCC's Assessment General Fund Contingency City Attorney 32,319 CMT 11-00002 01/05/11 Tax Sale Advertising Expenses General Fund Billings & Collections 11,500 Contingency CMT 11-00018 02/22/11 Weed and Trash Abatement General Fund Neighborhood Services 11,500 Contingency CMT 11-00018 02/22/11 Litigation - Verizon Virginia General Fund City Attorney 25,000 Appeal of SCC's Assessment Contingency and Other Suits CMT 11-00026 03/18/11 Emergency Purchase of New E911 Wireless - Department of 15,000 Redundant Un-Interrupted Power Expendable Equipment Technology - E911 Supply for E911 Upgrades CMT 11-00030 04/18/11 Purchase of Replacement Jail Fleet Management - 25,483 Vehicle for Sheriff's Department Nonoperating , 'city 6f~oangke; Virginlii Report of City Manager Transfers Year Ended June 30, 2011 (Unaudited) Transfer Number Date EXDlanation From To Amount CMT 11-00032 04/29/11 Transfer to New Consolidated Account and Close Old Account Environmental Issues Citywide Stormwater Maintenance NPDES $ 12,081 CMT 11-00038 05/13/11 Prepare Retail Space of the Market Garage Capital Improvement Reserve Market Garage Retail Development 30,000 CMT 11-00038 05/13/11 Funding for Public Art Work. Capital Improvement Reserve Percent for the Arts 41,812 CMT 11-00048 05/31/11 Allocate Mini-Grants and General Fund Police - Services 18,720 Donated Funds to an Contingency Expenditure Account CMT 11-00052 06/02/11 Retirement Benefits Study General Fund Director of Finance 69,500 Contingency CMT 11-00052 06/02/11 Verizon Lawsuit General Fund Contingency City Attorney 69,000 CMT 11-00097 08/25/11 To Move Xerox Lease Funding to the Debt Service Fund - Principal DOT - Capital Outlay Debt Service - Principal 56,146 CMT 11-00098 08/25/11 To Move Xerox Lease Funding to the Debt Service Fund - Interest DOT - Capital Outlay Debt Service - Interest 20,138 CMT 11-00099 08/25/11 To Move Xerox Lease Funding to the Debt Service Fund - Principal Parks & Recreation - Administration Debt Service - Principal 18,083 CMT 11-00106 08/25/11 To Move Xerox Lease Funding to Jail Debt Service - Principal 17,056 the Debt Service Fund - Principal & Interest and Interest CMT 11-00108 08/25/11 To Move Xerox Lease Funding to City Clerk Debt Service - Principal 12,996 the Debt Service Fund - Principal & Interest and Interest CMT 11-00127 09/09/11 Self-Insured Auto Liability Claims General Fund Police Patrol 267,200 Contingency 2 , .~ , ' ' , . . Ci~ of Roan6kil. Vlrgil1i~ Report of City Manager Transfers Year Ended June 30. 2011 (Unaudited) Transfer Number Date EXDlanation FrOm To Amount CMT 11-00127 09/09/11 Expendable Equipment General Fund Contingency Libraries $ 35,700 CMT 11-00127 09/09/11 Fees for Professional Services and Expendable Equipment General Fund Contingency Municipal Auditing 11,200 CMT 11-00128 09/09/11 Fleet Parts, Motor Fuel, Water General Fund Fire Operations 122,000 and Sewage, Electric, and Contingency Wearing Apparel CMT 11-00129 09/09/11 Fleet Parts, REMS Supplies, and General Fund Emergency Medical 31,700 REMS Operation & Maintenance Contingency Services Notes: Under City Code section 2-121, the City Manager has authority to make transfers up to $75,000 between departments from July through March and in any amount from April to June. The City Manager has the authority to make unlimited transfers within departments. The scope of this report is limited to interdepartment transfers that are $10,000 or greater. 3 City of~oanoke, Virginia Report of City Manager Contingency Year Ended June 30, 2011 (Unaudited) Transfer Number Date Explanation To Amount Balance of Contingency at July 1, 2010 $ 1,211,927 Continaencv Transfers: CMT10-00159 08/13/10 Consultant Fee and Ancillary Costs Associated with the Economic Development Director Search Human Resources (30.000) CMT10-00185 08/27/10 Eat for Education Campaign Office of Communications (1,800) CMT10-00214 12/15/10 Art Plan Planning, Building & Economic Development (10,000) CMT10-00214 12/15/10 Litigation - Verizon Virginia Appeal of SCC's Assessment City Attorney (32,319) CMT10-00214 12/15/10 Professional Services - Council City Council (5,000) Strategic Planning and Development of Budgeting for Outcomes Priorities CMT10-00214 12/15/10 Fishburn Park House Roof Building Maintenance (1,500) Repairs CMT 11-00002 01/05/11 Tax Sale Advertising Expenses Billings and Collections (25,000) CMT 11-00018 02/22/11 Weed and Trash Abatement Neighborhood Services (11,500) CMT 11-00018 02/22/11 Eat for Education Campaign Office of Communications (44,312) CMT 11-00018 02/22/11 Litigation - Verizon Virginia Appeal of SCC's Assessment and Other Suits City Attorney (25,000) 4 . (m~ ~f Roanoke, Virgii1i~ Report of City Manager Contingency Year Ended June 30,2011 (Unaudited) Transfer Number ~ Explanation To ~ CMT 11-00018 02/22/11 Copier, Administrative Supplies, Publications and Subscriptions Magistrate $ (2,350) BO 39063 02/22/11 Contract with Taubman Museum Memberships and Affiliations (100,000) of Art for Education Programming and Services to the Roanoke City Public Schools CMT 11-00052 06/02/11 Retirement Benefits Study Finance (69,500) CMT 11-00052 06/02/11 Verizon Lawsuit City Attorney (69,000) CMT 11-00052 06/02/11 Additional Attendee for VT COTA Workshop Environmental Management (4,000) CMT 11-00052 06/02/11 Reconfiguration of Voting Machines Registrar (7,500) CMT 11-00127 09/09/11 Self-Insured Auto Liability Claims Police Patrol (267,200) CMT 11-00127 09/09/11 Electric Libraries (35,700) CMT 11-00127 09/09/11 Expendable Equipment Juvenile & Domestic Relations Court (1,300) CMT 11-00127 09/09/11 Fees for Professional Services and Publications & Subscriptions Circuit Court (4,400) CMT 11-00127 09/09/11 Fees for Professional Services and Expendable Equipment Commissioner of the Revenue (5,600) 5 City of Roanoke, Virginia Report of City Manager Contingency Year Ended June 30,2011 (Unaudited) Transfer Number Date Explanation To Amount CMT 11-00127 09/09/11 Fees for Professional Services and Expendable Equipment Municipal Auditing $ (11,200) CMT 11-00128 09/09/11 Roanoke Regional Chamber of Commerce, TAP - WVEe, and Virginia Tech Memberships and Affiliations (16,135) CMT 11-00128 09/09/11 Xerox Lease Economic Development (2,700) CMT 11-00128 09/09/11 Fleet Parts, Motor Fuel, Water .Fire Operations (122,000) and Sewage, Electric, and Wearing Apparel CMT 11-00129 09/09/11 Fleet Parts, REMS Supplies, and Emergency Medical Services (31,700) REMS Operation & Maintenance .{ Available Contingency at June 30, 2011 $ 275,211 6 CITY OF ROANOKE, VIRGINIA GENERAL FUND FOR THE YEAR ENDED JUNE 30, 2011 STATEMENT OF REVENUE (FY 2011 UNAUDITED) Current Revenue Revenue Budget Revenue Source Budget Variance General Property Taxes $ 102,662,000 $ 1,627,925 Other Local Taxes 73,648,000 205,270 Permits, Fees and Licenses 1,038,000 (68,200) Fines and Forfeitures 1,606,000 244,352 Revenue from Use of Money and Property 173,000 166,085 Intergovernmental 68,102,322 (2,475,359) Charges for Services 7,907,000 116,999 Internal Services 2,547,000 139,425 Transfers From Other Funds 10,565 25,000 Miscellaneous Revenue 537,268 172,500 Total $ 258,231,155 $ 153,997 Actual July 1 - June 30 2010 - 2011 $ 104,463,577 73,845,009 969,800 1 ,850,352 319,916 65,626,963 8,023,999 2,630,403 35,565 709.726 $ 258,475,310 Revised Actual Percent of July 1 - June 30 Budget FY11 vs FY10 2009 - 2010 Received Variance $ 103.019,671 101.8% 1.4% 68,165.882 100.3% 8.3% 880,347 93.4% 10.2% 1.615,265 115.2% 14.6% 579,435 184.9% -44.8% 69,430.114 96.4% -5.5% 7,878.019 101.5% 1.9% 2,956,906 103.3% -11.0% 100,586 336.6% -64.6% 586,998 132.1% 20.9% $ 255,213,223 100.1% 1.3% STATEMENT OF EXPENDITURES AND ENCUMBRANCES (FY 2011 UNAUDITED) Expenditures General Government Judicial Administration Public Safety Public Works Health and Welfare Parks, Recreation and Cultural Community Development Transfer to Debt Service Fund Transfer to School Fund Nondepartmental Total Current Expenditure Budget $ 12,911,836 7,166,855 59,221,217 23.129,679 38.927.887 9.296,294 6.145,967 19,115,912 70,232.036 12.932,226 $ 259,079,909 Unencumbered Balance $ 332.372 95.512 310,062 996,648 440,861 223,585 162.939 163.162 344,488 $ 3,069,629 Actual July 1 - June 30 2010 - 2011 $ 12.579,464 7,071,343 58,911.155 22,133.031 38.487.026 9.072,709 5,983.028 18.952,750 70,232,036 12.587,738 $ 256,010,280 Actual Percent of July 1 - June 30 Budget FY11 vs FY10 2009 - 2010 * Obligated Variance $ 12,350,430 97.4% 1.9% 7,270,901 98.7% -2.7% 59,584,655 99.5% -1.1% 23.852.050 95.7% -7.2% 42.085.934 98.9% -8.6% 9.058,664 97.6% 0.2% 6,516,443 97.3% -8.2% 22,064,166 99.1% -14.1% 63,443,415 100.0% 10.7% 6,407.549 97.3% 96.5% $ 252,634,207 98.8% 1.3% . FY 2011 includes maintenance contracts previously allocated to each department from the Department of Technol09Y. FY 2010 has been restated for maintenance contracts reallocation for comparative purposes. 7 CITY OF ROANOKE, VIRGINIA CIVIC FACILITIES FUND COMPARATIVE STATEMENT OF REVENUES AND EXPENSES FOR THE TWELVE MONTHS ENDED JUNE 30,2011 (FY 2011 UNAUDITED) FY 2011 FY 2010 Operatinq Revenues Rentals $ 4,404,139 $ 3.420,339 Event Expenses 2.108,680 1,670,142 Advertising 139,300 96,715 Admissions Tax 559,041 455,384 Facility Surcharge/Ticket Rebate 513,243 382,998 CommisSions 140,833 216,739 Ancillary 95,910 81,299 Miscellaneous 133,780 110,105 Total Operating Revenues 8,094,926 6,433,721 Operatinq Expenses Personal Services 1,207,657 1,155,229 Operating Expenses 7,176,520 5,745,926 Management Fees 373,422 357,742 Depreciation 847,707 914,556 Total Operating Expenses 9,605,306 8,173,453 Operating Loss (1,510.380) (1,739,732) NonoperatinQ Revenues/(Expenses) Other (259) 30,684 Investment Income 55,610 29,835 Interest Expense (584,996) (596,042) Net Nonoperating Expenses (529,645) (535,523) Loss Before Transfers and Contributions (2,040,025) (2,275,255) Transfers and Contributions Transfer from Capital Projects Fund 78,317 Transfer from General Fund 1,977,100 2,178,100 Transfer to Debt Service Fund (43,650) (63,494) Net Transfers and Contributions 1,933,450 2,192,923 Change in Net Assets $ (106,575) $ (82,332) 8 CITY OF ROANOKE, VIRGINIA PARKING FUND COMPARATIVE STATEMENT OF REVENUES AND EXPENSES FOR THE TWELVE MONTHS ENDED JUNE 30,2011 (FY 2011 UNAUDITED) FY 2011 FY 2010 OperatinQ Revenues Market Garage $ 434,063 $ 337,966 Elmwood Park Garage 578,104 520,135 Center in the Square Garage 306,547 297,127 Church Avenue Garage 655,395 659,730 T ower Garage 369,547 420,419 Gainsboro Garage 117,998 124,277 Campbell Garage 45,115 33,842 Williamson Lot 92,367 90,735 Higher Ed Center Lot 42,042 51,318 Market Lot 24,343 23,077 Elmwood Lot 81,505 80,135 Warehouse Row Lot 37,446 36,765 West Church/YMCA Lots 26,270 26,270 Parking Violations (All Locations) 29,943 31,474 Total Operating Revenues 2,840,685 2,733,270 OperatinQ Expenses Operating Expenses 1,234,567 1,822,148 Depreciation 755,083 827,529 Total Operating Expenses 1,989,650 2,649,677 Operating Income 851,035 83,593 NonoperatinQ Revenues/(Expenses) Investment Income 50,034 32,115 I nterest Expense (708,164) (380,817) Net Nonoperating Expenses (658,130) (348,702) Income Before Transfers and Contributions 192,905 (265,109) Transfers and Contributions Transfer from Capital Projects Fund 30,000 14,300 Transfer to Capital Projects Fund (150,421 ) Net Transfers and Contributions (120,421) 14,300 Change in Net Assets $ 72,484 $ (250,809) 9 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED JUNE 30, 2011 TO THE DIRECTOR OF FINANCE: GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR THE FUNDS OF SAID CITY FOR THE MONTH ENDED JUNE 30, 2011. BALANCE AT MAY 31, 2011 CONSOLIDATED FUNDS $70,580,256.42 RECEIPTS. $27,175,083.71 BALANCE AT DISBURSEMENTS JUNE 30, 2011 $27,300,889.87 $70,454,450.26 BALANCE AT JUNE 30, 2010 $61,758,265.92 CERTIFICATE I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDING JUNE 30, 2011. THAT SAID FOREGOING: CASH CASH IN HAND CASH IN WACHOVIA BANK CASH IN HOMETOWN BANK CASH IN VALLEY BANK INVESTMENTS: WACHOVIA OVERNIGHT SWEEP ACCOUNT LOCAL GOVERNMENT INVESTMENT POOL SMITH BARNEY GOVERNMENT MONEY MARKET FUND CERTIFICATES OF DEPOSIT U. S. AGENCIES VIRGINIA AIM PROGRAM (U. S. SECURITIES) VIRGINIA SNAP PROGRAM (U. S. SECURITIES) TOTAL $19,020.09 134,332.25 100.00 2,713.92 148,000.00 14,956,595.82 2,264,972.25 40,026,313.88 8,000,000.00 92,760.82 4,809,641.23 $70,454,450.26 JULY 14, 2011 10 CITY OF ROANOKE PENSION PLAN STATEMENT OF CHANGES IN PLAN NET ASSETS FOR THE TWELVE MONTHS ENDED JUNE 30, 2011 (FY 2011 UNAUDITED) FY 2011 Add itions/( Reductions ): Employer Contributions $ 11,201,410 Investment Income Net Appreciation in Fair Value of Investments Interest Dividends Other Total Investment Gain Less Investment Expense Net-Investment Gain 61.936,560 1,177,421 5,510,459 18,690 68,643,130 (1,034,051 ) 67,609,079 Securities Lending Income Securities Lending Income Less Securities Lending Expense 198,852 (118,298) 80,554 Total Additions $ 78,891,043 FY 2010 $ 11,046,210 27,006,755 586,157 4,392,805 23,418 32,009,135 (826,962) 31,182,173 156,381 (89,098) 67,283 $ 42,295,666 Deductions Benefits Paid to Participants $ 28,609,490 $ 27,909,420 Administrative Expenses 335,881 337,878 Total Deductions 28,945,371 28,247,298 Net Increase 49,945,672 14,048,368 Net Assets Held in Trust for Pension Benefits: Fund Balance July 1 280,476,609 266,428,241 Fund Balance June 30 $ 330,422,281 $ 280,476,609 11 CITY OF ROANOKE PENSION PLAN STATEMENT OF PLAN NET ASSETS JUNE 30, 2011 (FY 2011 UNAUDITED) FY 2011 FY 2010 Assets Cash Investments. at Fair Value Employer Contributions Receivable Accrued Investment Income $ 1,545,491 367,010,755 465,913 387,655 $ 565,935 324,832,546 106,506 338,438 $ 369,409,814 $ 325,843,425 Total Assets Liabilities and Net Assets Liabilities: Total Liabilities $ 1,028 $ 789 263,576 254,677 38,722,929 45,111,350 38,987,533 45,366,816 $ 330,422,281 $ 280,476,609 Due to Other Funds Accounts Payable Payable for Cash Collateral on Loaned Securities Net Assets. Held in Trust For Pension Benefits 12 " Revenue Source State. Excluding Sales Tax State Sales Tax State Stabilization Funds Federal Revenue Other Revenue Transfer from the City of Roanoke Total Expenditures Instruction Administration. Attendance and Health Transportation Operations and Facilities Debt Service Interfund Transfer to Athletics Fund Total CITY OF ROANOKE, VIRGINiA SCHOOL GENERAL FUND FOR THE TWELVE MONTHS ENDED JUNE 30, 2011 (FY 2010 AND FY 2011 UNAUDITED) Current Revenue Budget $ 52,540,685 10,816,000 2,500,000 100.000 2,869.000 68,365,461 $ 137,191,146 STATEMENT OF REVENUE Actual July 1 - June 30 2010 - 2011 $ 51,499,014 11,351,174 2,221,507 101,100 6,717,912 69 697 566 $ 141,588,273 Actual Percent of July 1 - June 30 Budget FY11 VS. FY10 2009 - 2010 Received Variance $ 55,840,276 98.0% -7.8% 11,029,058 104.9% 2.9% 4,362,407 88.9% -49.1% 923,295 101.1% -89.1% 4,319,595 234.2% 55.5% 62,867,318 101.9% 10.9% $ 138,341,949 103.2% 2.3% Actual July 1 . June 30 2010.2011 $ 89,234,080 9,277,401 8,339,016 13,137,321 9,521,636 900 000 $ 130,409,454 STATEMENT OF EXPENDITURES AND ENCUMBRANCES (FY 2010 AND FY 2011 UNAUDITED) 13 Actual Percent of July 1 - June 30 Budget FY11 VS. FY10 2009 - 2010 Obligated Variance $ 90,401,351 95.1% -1.3% 9,034,233 85.9% 2.7% 7,382,156 101.9% 13.0% 13,299,657 93.4% -1.2% 9,775,708 101.0% -2.6% 1 ,000,000 100.0% -10.0% $ 130,893,105 95.1% -0.4% Current Expenditure Budget $ 93,805,676 10,804,000 8,186,188 14,066,672 9,428,610 900,000 $ 137,191,146 Note: The Food Services and Athletics Funds are not included in this financial statement. Revised . City of Roanoke, Virginia Year End Fi:nancial Presentation June 30, 2011 Prepared by ,the Department of Finance Genera:1 Fund Revenues $300 5.0'% 0.5'% 1.3% $250 $200 $150 $- 200S 2007 200B 2009 2010 2011 (Unaudied) Fiscal Year . Local Taxes . Files. Forfenures, Pern1ls. Fees a Inlergovernrrental B O1arges for Services'. ~scellaneous FY 2011 includes Increase of 2% in Prepared Food Tax (Eat for Education) which contributed 1.8% to. FY 2011 Revenues 2 General Fund Revenues \ ) Amended Budget FY 2011 FY 2011 Actual FYl1 vs. FY10 FYl1 V5. FY10 % Budget (Unaudi,ted) FY 2010 Actual $ Variance % Variance Va"riance , / 103,019,671 Gen~~llrroperty Tax $ 102,662,000 $ 104,463,577 $ $. 1,443,906 1.4% 1.8% -,. / 73,648,000 68,165,882 Otl).er Local Tax 73,845,009 5,679,127 8.3010 0.3% ;/ Permits, Fees & Licenses 1,038,000 .969,800 880,347 89,453 10.2% -6.6% Fines & Forfeitures 1,606,000 1,850,352 1,615,265 235,087 14.6% 15.2% Investment and Rental Income 173,000 319,916 579,435 (259,519) -44.8% 84.9% Grants-in-Aid Commonwealth + Fed 68,102,322 65,626,963 69,430,114 (3,803,151) -5.50/0 -3.6% Charges for Services 7,907,000 8,023,999 7,878,017 145,982 1.9% 1.5% Internal Services 2,547,000. 2,630,403 2,956,908 (326,505) -11.0% 3.3% Transfers from Other Funds 10,565 35,565 100,586 (65,021) -64.6% 236.6% . Miscellaneous 537,268 709,726 586,998 122,728 20.9% 32.1% Total $ 258,231,155 $ 258,475,310 $ 255,213,223 $ 3,262,087 1.3% 0.1% 3 General Fund Local Tax Revenues Amended FY 2011 Actual FYll V5. FYl0 FYll V5. FYl0 FY 2011 Budget (Unaudited) FY 2010 Actual $ Variance 0/0 Variance I Re~1 Estate Tax $ 79,113,000 $ 80,136,283 $ 79,340,016 $ 796,267 1.0% I 18,602,105 18,095,643 9a1es Tax 18,395,000 506,462 2.8% / Personal Property Tax 17,784,000 18,008,967 17,679,403 329,564 1.9% Business License Tax 12,086,000 11,780,678 12,073,504 (292,826 ) -2.4% Prepared Food Tax * 16,091,000 16,030,878 11,159,911 4,870,967 . 43.6% Transient Room Tax 2,521,000 2,918,631 2,636,536 282,095 10.7% .. Bank Stock Tax 1,670,000 1,853,502 1,473,670 379,832 25.8% All Other Local Taxes 28,650,000 28,977,542 28,726,870 250,672 0.9% Total $ 176,310,000 $ 178,308,586 $ 171,185,553 $ 7,123,033 4.2% Prepared Food Tax rate increased from 5% to 7% effective July 1, 2010 and will sunset back to 5% on June 30, 2012. Adjusted for the change in the tax rate, the FYll vs. FY10 variance was 2.6%. 4 Revised General Fund Expenditures Amended FY 2011 FY 2011 Actual FY 2010 FYll vs. FY10 FYll vs. FY10 Budget (Unaudited) Actual * $ Variance 0/0 Variance overnment $ 12,911,836 $ 12,579,464 $ 12,350,430 . $ 229,034 1.9% 7,166,855 7,071,343 7,270,901 (199,558) -2,7% 59;221,217 58,911,155 59,584,655 (673,500) -1.1% 23,129,679 . 22,133,031 23,852,050 (1,719,019) -7.2% Health and Weifare 38,927,887 38,487,026 42,085,934 (3,598,908) -8.6% Parks and Recreation 9,296,294 9,072,709 9,058,664 ' 14,045 0.2oio Community Development 6,145,967 5,983,027 6,516,443 (533,416) -8.2% Transfer to Debt Service Fund 19,115,912 18,952,750 22,064,166 (3,111,416) -14.1% Transfer to School Funds 70,232,036 70,232,036 63,443,415 6,788,621 10.7% Nondepartmental 12,932,226 12,587,739 6,407,549 6,180,190 96.5% Total $259,079,909 $ 256,010,280 $ 252,634,207 $ 3,376,073 1.3% * FY 2011 Includes maintenance contracts previousiy allocated to each department from the Department of Technology, FY 2010 has been restated for maintenance contracts reallocation for comparative purposes, 5 Civic Facilities Fund Comparative Statement of Revenues and Expenses For the Years Ending June. 30, 2010 and 2011 FY 2011 (UNAUDITED) FY 2010 Variance Total Operating Revenues $ 8,094,926 $ 6,433,721 26% . Total Operating Expenses 9,605,306 8,173,453 (18%) Operating Loss (1,510,380) (1,739,732) 13% Net Nonoperating Expenses (529,645) (535,523) 1% Loss Before Transfers and Contributions (2,040,025) (2,275,255) 10% Net Transfers and Contributions 1 ,933,450 2,192,923 (12%) Change in Net Assets $ . (106,575) $ (82,332) (29%) o FY11 budget of $4,6 million fU!1ded by operating revenues and a General Fund subsidy. o Transfer from the General Fund was $200,000 less in FY11 than in FY10 ($1.98 million in FY11 vs, $2.~8 million in FYIO). o FY 2011 attendance increased 16%; number of events declined 5.3% o Operating performance increased 13% overall 6 Parking Fund Comparative Statement of Revenues and Expenses For the Years Ending June 30,2010 and 2011 FY 2011 (UNAUDITED) FY 2010 Variance Totai Operating Revenues $ 2,840,685 $ 2,733,270 4% Total Operating Expenses 1,989.650 . 2,649,677 25% - Operating Income 851,035 83,593 918% Net Nonoperating Expenses (658,130) (348,702) (89%) Loss Before Transfers and Contributions 192,905 (265,109) 173% Net Transfers and Contributions (120,421) 14,300 (942%) Change in Net Assets $ 72,484 $ (250,809) 129% b Operates seven garages and six surfac;e lots o Net income of the fund is generating working capital o Elmwood Park and Market garages exceeded revenue estimates and contributed two-thirds of ove:rall revenue improvement o Tower and Gainsboro garages and Higher Education Lot revenues declined due to a reduction in corporate sponsored parking 7 Roanoke Pension Plan Performance in FY11 Tops 5th Percentile Roanoke Performance Period Pension Plan Policy Month of June (1.5%) (0.9%) Fiscal YTO 25.2% 22.4% One Year 25.2% 22.4% Three Years 4.9% 3.8% Five Years 5.2% 4.2% 400 350 300 250 200 150 100 Market Value Assets (Millions) . Low (2128109) . 6/30108 ~ 6130109 .6130110 . 9130/10 [J 12/31110 .3/31/11 ill 6/30/11 . . High (1Q/31/07) Pension Planassum~d rate of return is 7.75% Asset Allocation 6/30/11 ~ ~! --~~, LJ\ ~ ~ . IF// ~ I!I us Equities lliJ Cash Equiv . Real Estate o Balanced III Convertibles . International Equities . US Fixed Income o international Emerging Equities 8 General Fund Reserve June 30, 2011 I LJnnesignCltf'd Genf'ri'll Flinn Rf'~erve Undesignated Fund Reserve: Balance, July 1, 2010 Amount $ 24,111,867 Interest eamings Fiscal Year 2011 Change to!Fund Bi3lance 84,941 1.850.000 Undesignated Fund Reserve: Balance, June 30, 2011 $ 26.046.808 Reserve Policy PClri'lmeters' I Total General Fund Budget fY12 Minimum Undesignated General Fund Reserve $ 258,697,000 10% $ 25.869.700 The City met the targeted Undesignated General Fund Reserve of 10%. I I % Budget 9.52% 10.07% .Committed Fund Balance of $1,379,076 is necessary to fund purchase orders as of June 30th that will be paid in fiscal year 2012. I 9 Risk Management Reserve June 30, 2011 Computation of Reserve Floor 25% of the three year average of self insured claims 10% of the three year average of fully insured claims Catastrophic reserve Reserve floor based on policy criteria $ 3,258,028 153,447 1,000,000 $ 4,411,475 $ 29,858 $, (4,381,617) June 30, 2011 Risk Management Fund Reserve Reserve Deficiency o The Reserve Funding Policy prioritizes the Risk Management Reserve as the second priority behind the. Undesignated General Fund Reserve. o The City funded a contribution of $1.4 million in FYi1 to increase this reserve. o The Undesignated General Fund Reserve achieved the 10% target in FYll which means available funding in FY12 will continue to move the Risk Reserve towards its reserve floor. 10 Economic & Community Development. Reserve \ Council-adopted policy supports the reserve ]. . [) Funded by proceeds from sale of property and interest income on the reserve balan'ce o Floor of $1 million o B'alance of $4.4 million at June 30, 2011 . City Capital Projects Fund $ 3/943/490 · School Capital Projects Fund $ 442/740 11 Q'uestions & Discussion 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, MMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk September 20,2011 Cindy H. Poulton, Clerk Roanoke City School Board Roanoke, Virginia Dear Ms. Poulton: I am enclosing copy of Budget Ordinance No. 39215-091911 to appropriate funding from the Federal and Commonwealth governments, private grants, and local match for various educational programs, amending and reordaining certain sections of the 2011- 2012 School Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 19, 2011, and is in full force and effect upon its passage. ' Sincerely, M~ 'hl':1DN Stephanie M. Moon, MMC City Clerk Enclosure pc: Christopher P. Morrill, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Amelia Merchant, Director, Management and Budget ~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIR~INIA The 19th day of September, 2011. No. 39215-091911. AN ORDINANCE to appropriate funding from the Federal and Commonwealth governments, private grants, and local match for various educational programs, amending and reordaining certain sections of the 2011-2012 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 tliat the following sections of the 2011-2012 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Teachers Program Coordinator/Site Manager Instructional Assistants Retiree Health Social Security VRS Medical/Dental Group Life Contracted Services Travel - Mileage Travel- Fares Travel - Meals & Lodging Pupil Transportation Supplies Teachers Program Coordinator Administrative Assistant Curriculum Coordinator Retiree Health Social Security VRS Medical/Dental Group Life .Contracted Services Travel - Mileage Travel- Fares Travel - Meals & Lodging Pupil Transportation Supplies Teachers Program Coordinator Administrative Assistant Curriculum Coordinator Retiree Health Social Security VRS Medical/Dental Group Life Contracted Services Travel - Mileage Travel - Fares . Travel - Meals & Lodging Pupil Transportation Supplies 302-110-1102-0280-139F-61100-41121-3-05 302-110-11 02-0280-139F-611 00-41124-3-05 302-110-11 02-0280-139F-611 00-41141-3-05 302-110-11 02-0280-139F-611 00-42200-3-05 302-110-11 02-0280-139F-611 00-42201-3-05 302-110-11 02-0280-139F-611 00-42202-3-05 302-110-1102-0280-139F-61100-42204-3-05 302-110-1102-0280-139F-61100-42205-3-05 302-110-11 02-0280-139F-611 00-43313-3-05 302-110-1102-0280-139F-61100-45551-3-05 302-110-1102-0280-139F-61100-45552-3-05 302-110-11 02-0280-139F-611 00-45553-3-05 302-110-1102-0280-139F-63200-43343-3-05 302-110-1102-0280-139F-61100-46614-3-05 302-110-1102-0210-158F-61100-41121-3-05 302-110-1102-0210-158F-61100-41124-3-05 302-110-1102-021 0-158F-611 00-41151-3-05 302-110-1102-0210-158F-61100-41125-3-05 302-110-1102-021 0-158F-611 00-42200-3-05 302-110-1102-0210-158F-61100-42201-3-05 302-110-1102-021 0-158F-611 00-42202-3-05 302-110-11 02-0210-158F-611 00-42204-3-05 302-110-1102-0210-158F-61100-42205-3-05 302-110-1102-0210-158F-61100-43313-3-05 302-110-1102-021 0-158F-611 00-45551-3-05 302-110-1102-021 0-158F-611 00-45552-3-05 302-110-1102-021 0-158F-611 00-45553-3-05 302-11 Oc 1102-021 0-158F-63200-43343-3-05 302-110-1102-021 0-158F-611 00-46614-3-05 302-110-1102-0410-122F-61100-41121-2-05 302-110-1102-041 0-122F-611 00-41124-2-05 302-110-1102-0410-122F-61100-41151-2-05 302-110-1102-0410-122F-61100-41125-2-05 302-110-1102-0410-122F-61100-42200-2-05 302-11 O~ 1102-041 0-122F-611 00~42201-2-05 302-110-1102-041 0-122F-611 00-42~02-2-05 302-110-1102-0410-122F-61100-42204-2-05 302-110-1102-041 0-122F-611 00-42205-2-05 302-110-1102-0410-122F-61100-43313-2-05 302-110-1102-041 0-122F-611 00-45551-2-05 302-110-1102-041 0-122F-611 00-45552-2-05 302-110-1102-041 0-122F-611 00-45553-2-05 302-110-1102-0410-122F-63200-43343-2-05 302-110-1102-0410-122F-61100-46614-2-05 $ 20,400 24,240 36,000 113 6,339 1 ,450 2,225 87 38,328 492 750 2,236 21,500 21,500 22,800 5,200 1 0,450 7,600 31 3,523 464 1,839 15 97,351 246 750 1,474 21,500 21,500 22,800 5,200 10,450 7,600 31 3,523 464 1,839 15 93,951 246 750 1,474 21,500 21,500 Teachers Program Coordinator Administrative Assistant Curriculum Coordinator Retiree Health Social Security VRS Medical/Dental Group Life Contracted Services Travel - Mileage Travel- Fares Travel - Meals & Lodging Pupil Transportation Supplies Teachers Program Coordinator/Site Manager Instructional Assistants Retiree Health Social Security VRS Medical/Dental Group Life Contracted Services Conference Travel Pupil Transportation Supplies Teachers Program Coordinator/Site Manager Instructional Assistants Retiree Health Social Security VRS Medical/Dental Group Life Contracted Services Conference Travel Pupil Transportation Supplies Teachers Program Coordinator/Site Manager Instructional Assistants Retiree Health Social Security VRS Medical/Dental Group Life Contracted Services Travel - Mileage Travel- Fares Travel - Meals & Lodging Pupil Transportation Supplies Teachers Program Coordinator Administrative Assistant Curriculum Coordinator Retiree Health Social Secudty VRS Medical/Dental Group Life Contracted Services Travel - Mileage ,Travel - Fares Travel - Meals & Lodging Pupil Transportation 302-110-1102-0300-123F-61100-41121-2-05 302-110-1102-0300-123F-61100-41124-2-0S 302-110-1102-0300-123F-61100-411S1-2-0S 302-110-1102-0300-123F-61100-4112S-2-0S 302-110-1102-0300-123F-61100-42200-2-05 302-110-1102-0300-123F-61100-42201-2-0S 302-110-1102-0300-123F-61100-42202-2-0S 302-110-1102-0300-123F-61100-42204-2~05 302-110-1102-0300-123F-61100-42205-2-05 302-110-1102-0300-123F-61100-43313-2-05 302-110-1102-0300-123F-61100-45S51-2-05 302-110-11 02-0300-123F-611 00-45552-2-05 302-110-1102-0300-123F-61100-45553-2-05 302-110-1102-0300-123F-63200-43343-2-0S 302-110-1102-0300-123F-61100-46614-2-05 302-110-1102-0420-141 F-61100~41121-2-05 302-110-1102-0420-141 F-61100-41124-2-05 302-110-1102-0420-141 F-61100-41141-2-05 302-110-1102-0420-141 F-61100-42200-2-05 302-110-1102-0420-141 F-61100-42201-2-05 302-110-1102-0420-141 F-61100-42202-2-05 302-110-1102-0420-141 F-61100-42204-2-0S 302-110-1102-0420-141 F-611 00-42205-2-05 302-110-1102-0420-141 F-61100-43313-2-05 302-110-1102-0420-141 F-61100-45554-2-05 302~ 110-1102-0420-141 F-63200-43343-2-05 302-110-1102-0420-141 F-61100-46614-2-05 302-110-1102-0230-160F-61100-41121-3-0S 302-110-1102-0230-160F-61100-41124-3-0S 302-110-1102-0230-160F-61100-41141-3-05 302-110-1102-0230-160F-61100-42200-3-05 302-110-1102-0230-160F-61100-42201-3-05 302-110-1102-0230-160F-61100-42202-3-05 302-110-11 02-0230-160F-611 00-42204-3-05 302-110-11 02-0230-160F-611 00-42205-3-05 302-110-1102-0230-160F-61100-43313-3-05 302-110-1102-0230-160F-61100-455S4-3-05 302-110-1102-0230-160F-63200-43343-3-05 302-110-1102-0230-160F-61100-46614-3-05 302-110-1102-0340-149F-61100-41121-2-05 302-110-11 02-0340-149F-611 00-41124-2-05 302-110-1102-0340-149F-61100-41141-2-0S 302-110-1102-0340-149F-61100-42200-2-0S 302-110-1102-0340-149F-61100-42201-2-05 302-110-1102-0340-149F-61100-42202-2-05 302-110-1102-0340-149F-61100-42204-2-05 302-110-1102-0340-149F-61100-4220S-2-0S 302-110-1102-0340-149F-61100-43313-2-05 302-110-1102-0340-149F-61100-45551-2-05 302-110-1102-0340-149F-61100-45552-2-0S 302-110-1102-0340-149F-61100-45553-2-05 302-110-1102-0340-149F-63200-43343-2-0S 302-110-1102-0340-149F-61100-46614-2-0S 302-110-1102-04S0-124F-61100-41121-3-05 302-110-1102-0450-124F-61100-41124-3-05 302-110-1102-0450-124F-61100-41151-3-05 302-110-1102-0450-124F-61100-41125-3-05 302-110-11 02-0450-124F-611 00-42200-3-05 302-110-11 02-0450-124F-611 00-42201-3-05 302-110-1102-0450-124F-61100-42202-3-05 302-110-1102-0450-124F-61100-42204-3-05 302-110-1102-0450-124F-61100-42205-3-0S 302-110-11 02-0450-124F-611 00-43313-3-05 302-11 0-1102-0450-124F-611 00-45551-3-05 302-110-11 02-0450-124F-611 00-45552-3-05 302-110-11 02-0450-124F-611 00-45553-3-05 302-110-1102-0450-124F-63200-43343-3-05 22,800 5,200 1 0,450 7,600 31 3,523 464 1,839 15 94,351 246 750 1,474 21,500 21,500 30,600 18,438 36,000 113 6,461 1 ,449 1,897 86 42,478 4,478 21,500 21,500 30,600 17,860 36,000 113 6,461 1 ,449 1,897 86 38,056 4,478 21,500 21,500 30,600 20,500 33,000 72 6,604 1,065 1,625 48 34,278 246 750 1,474 21,500 21,500 22,800 5,200 1 0,450 7,600 31 3,523 464 1,839 15 97,351 246 750 1,474 21,500 Supplies Teachers Program Coordinator/Site Manager Instructional Assistants Retiree Health Social Security VRS Medical/Dental Group Life Contracted Services Travel - Mileage Travel- Fares Travel - Meals & Lodging Pupil Transportation Supplies Teachers Program Coordinator/Site Manager . Instructional Assistants Retiree Health Social Security VRS Medical/Dental Group Life Contracted Services Conference Travel Pupil Transportation Supplies Teachers Program Coordinator Administrative Assistant Curriculum Coordinator Retiree Health Social Security VRS Medical/Dental Group Life Contracted Services Travel Mileage Travel Fares Travel - Meals & Lodging Pupil Transportation Supplies Coordinator Salary Social Security Teacher Salary Social Security Reading Tutor Stipends Social Security Online Content Materials and Supplies Literacy Coach Teacher Tutoring Stipends Retiree Health Credit Social Security VRS Health/Dental Insurance Group Life Insurance Mileage Materials and Supplies Coordinator Salary Student Transportation Indirect Cost Revenues Federal Grant Receipts Federal Grant Receipts Federal Grant Receipts Federal Grant Receipts 302-110-1102-0450-124F-61100-46614-3-05 302-110-1102-0060-150F-61100-41121-2-05 302-110-1102-0060-150F-61100-41124-2-05 302-110-1102-0060-150F-61100-41141-2-05 302-110-1102-0060-150F-61100-42200-2-05 302-110-1102-0060-150F-61100-42201-2-05 302-110-1102-0060-150F-61100-42202-2-05 302-110-1102-0060-150F-61100-42204-2-05 302-110-1102-0060-150F-61100-42205-2-05 302-110-1102-0060-150F-61100-43313-2-05 302-110-1102-0060-150F-61100-45551-2-05 302-110-11 02-0060-150F-611 00-45552-2-05 302-110-11 02-0060-150F-611 00-45553-2-05 302-110-1102-0060-150F-63200-43343-2-05 302-110-1102-0060-150F-61100-46614-2-05 302-110-1102-0350-142F-61100-41121-2-05 302-110-1102-0350-142F-61100-41124-2-05 302-110-1102-0350-142F-61100-41141-2-05 302-110-1102-0350-142F-61100-42200-2-05 302-110-1102-0350-142F-61100-42201-2-05 302-110-1102-0350-142F-61100-42202-2-05 302-110-1102-0350-142F-61100-42204-2-05 302-110-1102-0350-142F-61100-42205-2-05 302-110-1102-0350-142F-61100-43313-2-05 302-110-1102-0350-142F-61100-45554-2-05 302-110-1102-0350-142F-63200-43343-2-05 302-110-1102-0350-142F-61100-46614-2-05 302-110-1102-0150-125F-61100-41121-3-05 302-110-1102-0150-125F-61100-41124-3-05 302-110-11 02-0150-125F-611 00-41151-3-05 302-110-11 02-0150-125F-611 00-41125-3-05 302-110-11 02-0150-125F-611 00-42200-3-05 302-110-1102-0150-125F-61100-42201-3-05 302-110-1102-0150-125F-61100-42202-3-05 302-110-1102-0150-125F-61100-42204-3-05 302-110-1102-0150-125F-61100-42205-3-05 302-110-1102-0150-125F-61100-43313-3-05 302-110-11 02-0150-125F-611 00-45551-3-05 302-110-1102-0150-125F-61100-45552-3-05 302-110-11 02-0150-125F-611 00-45553-3-05 302-110-11 02-0150-125F-611 00-43343-3-05 302-110-1102-0150-125F-61100-46614-3-05 307-140-0000-1 000-145S-6121 0-41138-9-08 307-140-0000-1 000-145S-6121 0-42201-9-08 302-110-1305-0150-359F-61100-41121-3-01 302-110-1305-0150-359F-61100-42201-3-01 302-110-0000-0340-133F-61100-41129-2-01 302-110-0000-0340-133F-61100-42201-2-01 302-11 0-0000-0340-133F-681 00-46640-2-01 302-110-0000-0340-133F-61100-46614-2-01 302-110-0000-0430-133F-61100-41125-2-01 302-110-0000-0430-133F-61100-41129-2-01 302-110-0000-0430-133F-61100-42200-2-01 302-110-0000-0430-133F-61100-42201-2-01 302-110-0000-0430-133F-61100-42202-2-01 302-110-0000-0430-133F-61100-42204-2-01 302-11 0-0000-0430-133F-611 00-42205-2-01 302-110-0000-0430-133F-61100-45551-2-01 302-110-0000-0430-133F-61100-46614-2-01 302-140-HOME-1 000-145F-6121 0-41138-9-08 302-140-HOME-1 000-145F-6121 0-43342-9-08 302-140-HOME-1000-145F-00000-62000-9-08 302-000-0000~OOOO-139F-00000-38287 -0-00 302-000-0000-0000-158F-00000-38287 -0-00 302-000-0000-0000-122F-00000-38287 -0-00 302-000-0000-0000-123F-00000-38287 -0-00 21,500 30,600 20,500 33,000 72 6,604 1,065 1,625 48 34,278 246 750 1,474 21,500 21,500 30,600 18,438 36,000 113 6,461 1 ,449 1,897 86 42,478 4,478 21,500 21,500 22,800 5,200 10,450 7,600 31 3,523 464 1,839 15 97,351 246 750 1,474 21,500 21,500 4,645 355 4,645 355 26,400 2,020 6,500 1,730 53,300 10,000 320 4,842 6,039 2,150 149 1,000 3,500 766 2,500. 734 175,660 194,743 191,343 191,743 Federal Grant Receipts Federal Grant Receipts Federal Grant Receipts Federal Grant Receipts Federal Grant Receipts Federal Grant Receipts Federal Grant Receipts Federal Grant Receipts Federal Grant Receipts Federal Grant Receipts Federal Grant Receipts 302-000-0000-0000-141 F-00000-38287 -0-00 302-000-0000-0000-160F-00000-38287 -0-00 302-000-0000-0000-149F-00000-38287 -0-00 302-000-0000-0000-124F-00000-38287 -0-00 302-000-0000-0000-150F-00000-38287 -0-00 302-000-0000-0000-142F-00000-38287 -0-00 302-000-0000-0000-125F-00000-38287 -0-00 307-000-0000-0000-1458-00000-38196-0-00 302-000-0000-0000-359F-00000-32375-0-00 302-000-0000-0000-133F-00000-38010-0-00 302-000-0000-0000-145F-00000-38196-0-00 185,000 180,000 173,262 194,743 173,262 185,000 194,743 5,000 5,000 117,950 4,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~~.~im/ City Clerk. September 19, 2011 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 September 13, 2011, the Board respectfully requests City Council approve the following appropriations: New Appropriations Addison Community Learning Center 2011-12 Breckinridge Community Learning Center 2011-12 Fairview Community Learning Center 2011-12 Garden City Community Learning Center 2011-12 Hurt Park Community Learning Center 2011-12 Jackson Community Learning Center 2011-12 Lincoln Terrace Community Learning Center 2011-12 Madison Community Learning Center 2011-12 Morningside Community Learning Center 2011-12 Westside Community Learni ng Center 2011-12 Woodrow Wilson Community Learning Center 2011-12 Virginia Middle School Teacher Corps 2011-12 Title I-A School Improvement 1003(a) 2011-12 Total New Award $175,660 194,743 191,343 191,743 185,000 180,000 173,262 194,743 173,262 185,000 194,743 5,000 117,950 Revised Appropriation Title X Homeless Assistance Program 2011-12 ARRA Title X Homeless Assistance 2009-10 Additional Award $4,000 5,000 The School Board thanks you for your approval of the appropriation requests as submitted. Sincerely, ~-t1-.P~ Cindy ~. Poulton, Clerk pc: William M. Hackworth Chris Morrill Ann Shawver David B. Carson Rita D. Bishop Curt Baker Margaret Lindsey Acquenatta Harris (w / details) p: 540-853-2381 f: 540-853-2951 P.O, Box 13145 Roanoke, VA 24031 www.rcps.info 'rA ROANOKE CITY PUBLIC SCHOOLS Strong Students. Strong Schools. Strong City. School Board David B. Carson Chairman Todd A. Putney Vice Chairman Mae G. Huff Annette Lewis Suzanne P. Moore Lori E. Vaught Richard Willis Dr. Rita D. Bishop Superintendent Cindy H. Poulton Clerk of the Board CITY COUNCil AGENDA REPORT To: Meeting: Su bject: Honorable Mayor and Members of City Council September 19, 2011 School Board Appropriation Requests Background: As the result of official School Board action at its September 13th meeting, the Board respectfully requested that City Council appropriate funding as outlined in this report. The Title IV-B Community learning Center (ClC) grant was awarded to the schools listed below. The grant addresses the critical attendance, academic and parental involvement needs of the school in a safe, supervised, and nurturing environment. The CLC is designed to provide significant expanded learning opportunities after school and during the summer that contribute to reducing violence and drug use while assisting students to meet or exceed local and state standards in core academic subjects. The program will be fully reimbursed by federal funds and will end September 30,2013. This is a continuing program. Addison Community Learning Center 2011-12 Breckinridge Community Learning Center 2011-12 Fairview Community Learning Center 2011-12 Garden City Community Learning Center 2011-12 Hurt Park Community Learning Center 2011-12 Jackson Community Learning Center 2011-12 Lincoln Terrace Community Learning Center 2011-12 Madison Community Learning Center 2011-12 Morningside Community Learning Center 2011-12 Wests ide Community Learning Center 2011-12 Woodrow Wilson Community Learning Center 2011-12 $1 75,660 194,743 191,343 191,743 185,000 180,000 173,262 194,743 1 73,262 185,000 194.7 43 Total CLC Grant Awards $2.039.499 The Virginia Middle School Teacher Corps program grant of $5,000 is designed to help schools designated as "at risk in mathematics" to fill teaching vacancies with qualified, experienced math teachers and improve student achievement in mathematics. This grant supports a salary differential for qualifying math teachers atJackson, Breckinridge, Addison, and Woodrow Wilson Middle Schools. This program will be fully reimbursed by state funds and ends June 30, 2012. This is a continuing program. Mayor and Members of Council September 19, 2011 Pag e 2 The Title I -A School Improvement 1 003(a) program grant of $117,950 will aid the division in its effort to increase student learning at low-performing schools. The program also will help fund the opportunity for students to choose a higher- performing school as an alternative. School Improvement 1 003(a) funds are being made available to Lincoln Terrace and Round Hill Elementary Schools for the 2011- 12 school year. The program will be fully reimbursed by federal funds and will end September 30,2012. This is a continuing program. The Title X Homeless Assistance Program grant of $4,000 will support the identification of and provision of supportive services to students who are experiencing homelessness. The program will be fully reimbursed by federal funds and will end September 30,2012. This is a continuing program. ARRA - Title X Homeless Assistance Program grant of $ 5 ,000 will support services provided to homeless students within Roanoke City Public Schools. The program will be fully reimbursed by federal funds and will end September 30, 2011. Recommended Action: We recommend that you concur with this report of the School Board and adopt the attached budget ordinance to appropriate funding as outlined. Sincerely, fGl6St..o..~ Ann H. Shawver Director of Finance c: Council Appointed Officers Rita D. Bishop, Superintendent, Roanoke City Public Schools (RCPS) Curtis Baker, Deputy Superintendent for Operations, RCPS .... c:/I ~olo6on IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA The 19th day of September, 2011. No. 39216-091911. A RESOLUTION paying tribute to the Roanoke City Schools Chess Program upon the occasion of its 25th Anniversary. WHEREAS, the Roanoke City Schools Chess Program is the oldest, continuously operating, publicly funded school chess program in the Commonwealth of Virginia; WHEREAS, the Roanoke City Schools Chess Program was developed in 1986 by a partnership between then School Superintendent Frank Tota, Total Action Against Poverty President Ted Edlich, and chess Life Master Russell Potter, and was modeled on successful inner-city public and private school programs across the country; WHEREAS, along with TAP, the Roanoke Valley Chess Club played a positive role in the early success of the program, providing chess equipment, instruction and tournament directors for the system; WHEREAS, the Roanoke City Schools'. Chess Program has enjoyed tremendous community support over the years, having been assisted by countless volunteers who have helped greatly with instruction, supervision, trips and rated tournament play, and having received financial support from an anonymous donor from 1996 until 2009 that provided funds for team travel to national, regional and state chess championship tournaments; WHEREAS, more than 20,000 Roanoke City Schools students have participated in the Chess Program, and more than 10,000 students have taken part in rated United States Chess Federation tournaments, including state, regional and national championships, and the program has won several state school team championships and has had individual students who have placed and won trophies at the National Grade School Championships; WHEREAS, throughout its history Roanoke' City Schools has provided coaches for each elementary, middle and high school in the system who meet weekly with students to provide instruction, and has also employed nationally ranked chess instructors beginning' with Life Master Russell Potter and including National Master Rich Jackson, National Expert Chris Bush and National Expert Alan Brownstein; \ ~ WHEREAS, Roanoke City Schools has sponsored four to six local tournaments each year, providing students in the system and, in the greater community the opportunity to play in United States Chess Federation rated tournaments, drawing both students and adults throughout the Southwest Virginia. area; and WHEREAS, chess continues to be valued for its development of critical thinking as well as development of academic qualities a'nd general character, including the value of thinking before acting, the realization that actions have consequences, the necessary commitment of hard work and patience in the achievement of long-term goals, never giving up when faced with adverse conditions, and the necessity to learn from mistakes in order to improve the likelihood of success in life. . THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke ~~~~ . 1. This. Council adopts this means of recognizing and commending the Roanoke City Schools Chess Program for its continued success upon the occasion of its 25th Anniversary. 2. The City Clerk is directed to forward an attested copy of this Resolution to Program Coordinator Mickey. Owens;. and Dr. Vella Wright, Assistant Superintendent for Teaching and Learning. ATTEST: ~m.hlnl)-lV Stephanie M. Moon, M~C City Clerk ~. APPROVED ~ 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, MMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk September 20.,20.11 Faisal Khan, Operating Manager 50.1 Salem, llC 190.2 Patterson Avenue, S. W. Roanoke, Virginia 240.16 Dear Mr. Khan: I am enclosing copy of Ordinance No. 39217-0.91911 rezoning a portion of property located at 50.1 Salem Avenue, S. W., from D, Downtown District, conditional, to 1-1, Light Industrial, subject to a condition proffered by the petitioner that existing buildings as shown on a plan prepared by Lumsden Associates, P.C., dated June 13, 20.11, shall remain, as set forth in the Zoning Amendment Application dated July 5,20.11. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 19, 20.11; and is in full force and effect upon its passage. Sincerely, ~rn.hJba0 Stephanie M. Moon, MMC C City Clerk Enclosure pc: TBl Properties, llC, P.O. Box 131, Burlington, North Carolina 27216 Timothy and Kristine Migliarese, 523 Norfolk Avenue, S. W., Roanoke, Virginia 240.16 Integrated Imaging ll2, llC, 419 Salem Avenue, S. W., Roanoke, Virginia 240.16 Virginia Museum of Transportation, Inc., 30.3 Norfolk Avenue, S. W., Roanoke, Virginia 240.16 Philip George, Jr., 430. Salem Avenue, S. W., Roanoke, Virginia 240.16 Faisal Khan September 20,2011 Page 2 pc: James Leonard, 1935 Hope Road, S. W., Roanoke, Virginia 24018 VJ Enterprise, LLC, 1935 Hope Road, S. W., Roanoke, Virginia 24018 James Harman, 5220 Roselawn Road, S. W., Roanoke, Virginia 24018 Overington Graphics, Inc., 534 Salem Avenue, S. W., Roanoke, Virginia 24016 Keith Hummer, Chair, Downtown Residents Association, 118 Campbell Avenue, S. W., Roanoke, Virginia 24015 Doug Waters, 204 S. Jefferson Street, Suite 9, Roanoke, Virginia 24011 Suzun Hughes, 117 Campbell Avenue, S. W., Roanoke, Virginia 24011 Rena Cromer, 543 Day Avenue, S. W., Roanoke, Virginia 24016 Christopher P. Morrill, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Steve Talevi, Assistant City Attorney Philip Schirmer, City Engineer Susan Lower, Director, Real Estate Valuation Rebecca Cockram, Secretary, City Planning Commission c{~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of September, 2011. No. 39211-091911. AN ORDINANCE to amend S 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain property within the City, subject to a certain condition proffered by the applicant; and dispensing with the second reading of this ordinance by title. WHEREAS, 501 Salem, L.L.c., has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have a portion of 501 Salem Avenue, S.W., bearing Official Tax No. 1111315, rezoned from D, Downtown District, conditional, to I- I, Light Industrial, subject to a certain proffered condition; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by S36.2-540, 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 September 19, 2011, after due and timely notice thereof as required by S36.2- 540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public 0-50 I Salem, LLC-rezone with proffers. doc 1 necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City, of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as . amended, be amended to reflect that a portion of Official Tax No. 1111315 located at 501 Salem Avenue, S.W., be, and is hereby rezoned from D, Downtown District, conditional, to 1-1, Light Industrial, subject to a condition proffered by the petitioner that existing buildings as shown on a plan pre~ared by Lumsden Associates, P.c., dated June 13, 2011, shall remain, as set forth in the Zoning Amendment Application dated July 5, 2011. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: · hi- ~O~ City Clerk. 0-501 Salem, LLC-rezone with proffers. doc 2 CITY COUNCIL AGENDA REPORT To: Meeting: Subject: Honorable Mayor and Members of City Council September 19, 2011 Request from 501 Salem, L.L.C. to rezone a portion of 501 Salem Avenue, S.W., bearing Official Tax Map No. 1111315, from D (c), Downtown District, condition, to 1-1 (c), Light Industrial with conditions, for use of the property as a warehouse. The comprehensive plan designates the properties for industrial use. Planning Commission Public Hearing and Recommendation: The Planning Commission held a public hearing on Thursday, August 18, 2011. By a vote of 7-0, the Commission recommended approval of the rezoning request, finding the application to rezone the subject property to be consistent with Vision 2001-2020 and the Hurt Park/Mountain View/West End Neighborhood Plan. The application provides for the reuse of two historic buildings and the first phase of a comprehensive rehabilitation of the entire parcel. Staff recommended approval of the application. Application Information Request: Rezoning & Amendment of Proffered Conditions (Ordinance No. 37957-111907) Owner: 501 Salem L.L.C. Authorized Agent: Faisal Khan, Operating Manager City Staff Person: Maribeth B. Mills Site Address/Location: Portion of 501 Salem Avenue S.W. Official Tax Nos.: Portion of 1111315 Site Area: 1.0711 Acres Total Existing Zoning: D, Downtown District with conditions Proposed Zoning: 1-1, Light Industrial District with conditions Existing Land Use: Vacant Proposed Land Use: Warehouse Neighborhood Plan: Hurt Park/Mountain ViewlWest End Neighborhood Plan ~ Specified Future Land Industrial Use: Filing Date: Original Application: July 5, 2011 Background In the fall of 2007, City Council conditionally rezoned four contiguous properties from Light Industrial District to the Downtown District to allow the adaptive reuse of the existing buildings for a multifamily dwelling containing 40 units. The following year, the parcels were combined and interior asbestos removal and demolition of non-load bearing walls began. Work stopped on the project in 2009 and the property was sold to the current owner in April 2011. The current owner plans to renovate the existing buildings in phases for a mixture of uses. As part of the first phase, the owner is requesting to rezone the subject portion of property to the 1-1 District to allow the two existing buildings to be used as warehouse space. The retention of the existing buildings has been proffered as both are contributing structures to the Salem Avenue/Roanoke Automotive Commercial Historic District listed on both the National Register of Historic Places and the Virginia Landmarks Register. The residual portion of the property would remain under its current conditional Downtown zoning designation and has been identified by the owner as a future phase consisting of commercial and residential uses within the existing buildings. Conditions Proffered by the Applicant The applicant requests that the following proffers enacted by Ordinance No. 37957- 111907 be amended as they relate to the subject portion of Official Tax No. 1111315: 1. Tho maximum number of units shall not exceed 40. 2. /\ fence of brick and metal construction shall be erected around the surface parking lot at the corner of 5th Street and Norf-olk Avenue, S'N (Official Tax No. 1111315), as sho':m on the Concept Plan prepared by Hill Studio, dated September 5,2007. 3. The four existing buildings as identified on the Concept Plan prepared by Hill Studio, dated September 5, 2007 shall be retained 'Nith the exception of those identified for removal. The existing buildings as shown on the Concept Plan prepared by Lumsden Associates, PC., dated June 13, 2011, shall be retained. Considerations Surroundinq Zoninq and Land Use: North Zoning District 1-1, Light Industrial 1-1, Light Industrial 0, Downtown 1-1, Light Industrial Land Use Manufacturing: Steel or metal production, fabrication, or processin Advanced Metal Finishing). Motor vehicle sales and service establishment, used (Valley Motor Company) and vacant commercial buildin s. Office, general or rofessional (Inte rated Ima ing). Vacant commercial building (used for parking of cement trucks b Chandler Concrete). South East West Compliance with the Zoninq Ordinance: The owner requests the 1-1 district to permit the use of the existing buildings for warehouse. Rezoning the entire parcel to the Urban Flex District was discussed with 2 staff but would have resulted in the owner requesting a special exception in addition to the rezoning for the specified use. Staff also felt that the 1-1 district was more compatible with surrounding property in terms of zoning designations and development standards (e.g. eliminating the need for unnecessary buffer yards). The existing buildings cover the majority of the site except for a 50 to 60 foot paved strip along the western property line that the owner plans to stripe for parking. With the condition that the existing buildings will be retained, potential modifications to the site are limited. Any modifications that do occur will be required to meet the regulations of the Zoning Ordinance during the comprehensive plan review process. Conformity with the Comprehensive Plan and Neiqhborhood Plan: Vision 2001-2020 and the Hurt Park/Mountain ViewlWest End Neighborhood Plan encourage the adaptive reuse of the City's historic resources which preserves them for future generations while putting them to productive use. The subject property is ideal for adaptive reuse as it is eligible for a number of incentives being located in a national and state historic district, a 'Conservation Area' designated by the Roanoke Redevelopment and Housing Authority, and Enterprise Zone One A. Furthermore, this property is historically industrial and is still identified as an industrial development opportunity by the comprehensive and neighborhood plans. This portion of the property will also serve to buffer the future mixed use phase, which may include residences, from the neighboring concrete plant (Chandler Concrete of Virginia) and electroplating facility (Advance Metal Finishing). The neighborhood plan states that creating a better transition between industrial and residential uses should be addressed in future zoning decisions with a possible compromise being an appropriate mixture of uses including industrial. Relevant Vision 2001-2020 policies: . EC P6. Cultural and historic resources. Roanoke will support, develop, and promote its cultural resources. Roanoke will identify, preserve, and protect its historic districts, landmark features, historic structures, and archaeological sites. . ED P5. Industrial development. Underutilized and vacant industrial sites will be evaluated and redevelopment encouraged. Local policies and incentives and state economic incentives will strengthen the businesses and industries in the Enterprise Zones and provide jobs. Relevant Neiqhborhood Plan Policies . Residential Development Policies a. Zoning: Zoning patterns should allow for compatible uses in proximity to each other, and provide buffering or transition space between incompatible uses. . Economic Development Policies a. Connectivity: The neighborhood should connect seamlessly to its surrounding areas and complement them. 3 City Department Comments: None. Public Comments: None. Planninq Commission Public Hearinq: None. ~~ Angela Penn, Chair City Planning Commission cc: Chris Morrill, City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Faisal M. Khan, 501 Salem, L.L.C. 4 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: IJUIY 5,2011 I Submittal Number: loriginal Application - o Rezoning, Not Otherwise Listed ~ Rezoning, Conditional o Rezoning to Planned Unit Development o Establishment of Comprehensive Sign Overlay District - -':';'~,=, ~--, - .' ,-~.--- ~ Amendment of Proffered Conditions o Amendment of Planned Unit Development Plan o Amendment of Comprehensive Sign Overlay District Address: Iportion of 501 Salem Avenue, SW Official Tax No(s).: Iportion of 1111315 Existing Base Zoning: I (If multiple zones, please manually enter all districts.) 0, Downtown Ordinance No(s). for Existing Conditions (If applicable): 137957-111907 Requested Zoning: 11-1, Light Industrial I Proposed Land Use: Iwarehouse I ~ With Conditions o Without Conditions Name: 1501 Salem L.L.c. 1 Phone Number: + 1 (540) 777-4777 I I E-Mail: IsPOdeYkhan@yahoo.com \ ~ /Jf4--rv~ 'S-11:.-Pi-'1 / ~], L-, C I I Phone Number: I E-Mail: I I I Name: Address: Applicant's Signature: Name: IFaisal Khan I Phone Number: I + 1 (804) 836-7841 I E-Mail: Ispodeykhan@yahoo.com I July 5, 2011 501 Salem Ave, L.L. C. Faisal M. Khan 1902 Patterson Ave. Roanoke VA 24016 City of Roanoke Planning Building and Development Room 166, Noel C. Taylor Municipal Building 215 Church Ave, SW Roanoke VA 24011 Request for Rezoning of a Portion of 501 Salem Avenue The above referenced property has been known as the "Old Merita Bakery" or the "Kroger Bakery" by local residents and is located at the comer of 5th Street and Salem A venue in Southwest Roanoke City. The property is included in the National Register of Historic Places and with construction dating as early as 1899 the department of Historic Resources has previously identified the structure as a "contributing resource" to the Salem Avenue/Roanoke Automotive Commercial Historic District, in which this property lies. The property underwent a conditional rezoning process in the fall of 2007. Rezoning at that time was from Industrial District (1-1) to Downtown District (D). The original concept plan of developing the property into residential condominium units never reached completion and the structure has remained unoccupied for more than a decade. Our recent acquisition of the property, and subsequent repairs have been performed with the overall idea that the structure can be revitalized via a graduated approach. We first obtained the necessary permits to correct major leaks found throughout the roof. The roof s integrity had been damaged by fire and neglect of maintenance for many years, and the building had received numerous citations before being officially condemned prior to our acquisition. Our goal has been to stabilize the building's roof and prevent further damage and to phase improvements to each section. It has been previously recognized that the overall structure consists of four different buildings and they were originally identified by Official Tax Nos. 1111305, 1111307, 1111312, and 1111315. In 2007 conditional rezoning combined all parcels into Official Tax No. 1111315, zoned as Downtown District (D). The original use of the structure as a bakery situated in an industrial area was changed to Downtown District zoning during this process, and the plan at that time was develop the entire property into residential units. We feel a better approach to this project is to blend different uses for different portions of the site and our vision for this structure's overall end use would be a mixture oflight industrial businesses situated in the western half of the building, coupled with a mixed use development in the portion of the building which fronts Salem Ave and 5th Street. We would implement these developments in a phased manner. The portion of the building dedicated to storage or office space would blend perfectly with existing buildings and uses in this area and is more congruent with the building's historic utilization as well the current business environment of surrounding sites involved in light industry. This section would be difficult to market for residential space as it is directly adjacent to a concrete plant and an electroplating factory. The eastern side of the property, consisting of a two story brick structure fronting the comer of 5th Street and Salem Avenue, is prime for an adaptive reuse mixed development project and our goal is to incorporate downtown commercial and residential space in a later phase after we have established occupancy in the industrial section. Our plan is to stage construction and renovations over a period of time to make this overall development feasible and we begin with a request for rezoning of the western portion of this structure. We ask that this portion ofthe building be reverted back to its original 1-1 zoning and in this section we will offer storage or office warehouse space for potential clients. Depending upon the need of the interested party this space could be offered as one large space or two smaller ones. Lumsden Associates has provided a potential plan for the partitioning of this space from 4 tax parcels carrying D zoning to 2 separate parcels as shown on the attached proposed rezoning plan. The proposal on the accompanying survey includes rezoning of Tract" A" into Tract "A-I" (rezoned reversion to" I-I"); and "A-2" (to remain zoned "D"). We feel that the combination ofa conditional rezoning of this building to its original 1-1 use and a phased approach to renovations not only suits the individual demands of this structure's renovation requirements, but also incorporates the structure to the surrounding area in a dual manner by providing storage or warehouse space in a growing revitalized urban area in a short amount oftime while the planning and development of other sections of the building takes place. The long term objective of implementing a mixed use development at this site can be a gateway project for further growth and development into the reaching areas of the Salem Avenue/Roanoke Automotive Commercial Historic District. Because of the building's situation at the comer of Salem Avenue and 5th Street, its development could begin a stream of positive growth throughout the area. This not only would complement the progressive nature of Downtown Growth in the City of Roanoke, but also is an integral component of the City's Comprehensive Plan. Proffered Conditions to be Amended The applicant hereby requests that the following proffered conditions enacted by Ordinance No. 37957- 111907 be amended as they pertain to the subject portion of Official Tax No. 1111315: 1. The ae'Jelopment shall not have more than qO residenti:ll units. 2. ,.. fence of brick :lAd metal construction shall be erected :lround the surface parking lot at the corner ofW> Street and Norfoll< ".venue, SVl (Offici:ll Tax No. 1111315), as shovm on the Concept PI:m prep:lred b't' Hill Studio, dJted SeptemBer 5, 2007. 3. The four e)(isting Builelings identified as "Existing Buileling i", "Existing BuilEling 2", "Existing Building 3", and "Existing Building 4" on the Concept Plan prepareel by Hill Studio, Elated Septemaer 5,2007 shall be retaineel with the exception of those portions of BuilEling 1 and Building 2 delineated on thc Concept Pbn as "strl:.lcture to Be rCA"loveel". The existing buildings as shown on the Concept Plan prepared by Lumsden Associates, P.c., dated June 13, 2011, shall be retained. The following is a deed description for proposed Tract A-I to be rezoned from "D" district to "1-1" district, located in the City of Roanoke, Virginia, being a part of Tax Parcel #1111315 more particularly described as follows: BEGINNING at Corner #1 said point being northeasterly corner of the property ofTBL Properties, LLC, Roanoke City Tax #1111316, said point also located on the southerly right-of-way of Norfolk Avenue, S.W.; thence leaving TBL Properties and with the southerly right-of-way of Norfolk Avenue, S 74056' 55" E, 218.00' to Corner #A; thence leaving Norfolk A venue and with the new division line and a zoning line through the property of 501 Salem, LLC, S 05040' 50" W, 199.22' to Corner #B, said point located on the northerly right-of-way of Salem Avenue, S. W.; thence with Salem A venue the following three courses; N 81057' 36" W, 90.89' to Comer #12; thence S 05002' 33" W, I 6.33' to Comer #13; thence N 82000' 14" W, 125.75' to Comer #14, said point being the southeasterly comer of said property of TBL Properties, LLC; thence leaving Salem Avenue, S.W. and with TBL Properties, LLC, N 06000' 00" E, 232.23' to Comer #1 the place of BEGINNING and containing 1.0711 Acres being 46,659 S.F. and to be known as Tract A-I, Property of 501 Salem, LLC as more particularly shown on plat prepared by Lumsden Associates, P.C. dated June 13,2011. ~ ~ ~ ~ ..:rii ~ ..c. u ~~ : ~:!~ I~ e: ~~~ ~'I' ~ ~~~ coli! ...O:c' .-!!! ~'lI ~ j!:~CIl U1~ .... 15 ~ am ~ ~~~ ~ ~~ ~...:.~e:~ iii: I!. 8~~fil>' ~ ~!jt ~~l!l=iil!f ~ i;! :~~:~~ t.l ""~1Ii: iS~U1~~O "'-,~ ... ill -......1l2 j!:-'lI:lO<30 $..:j!: j!:1= ~~"'>'~~?c:~ai15~o~ ~~Hi -~$;I~ ~~~ i~~! ~~~~~ l~ ~~~ "'D:Z q~u I=l!';a , ~ g,.,~if:ll!~~~~ ~ ~ k J ~) d ,.f .,j f'i .. 5th STREET, S.W. 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Eo< ~ i2 Eo<ii) ~ en r4~ :::>i!; Z!i ~ <~ a: ;::;;!~ ~'-- < en b U'> b U'> 0 ~ w ;;i U III b U'> !t!", l'J.I- I ,j() I !l3HS T""'" C'- (:) o ~ L() N II ~ a T""'" Q> N c: ::J -, ~ w .... .. o w .... .. o III ~"'::E ~~o ~~~ "........ ""z Oow -q--q-Cl ",,,,Vl -:-:-:-:::E ""><:J Z<..... O....@J I ..... ... <( ::E ..... <( ::E w :J <0 Z 5 "" -q- > '" i ::!; o ~ ..."'u ""..co.: cO~> :2; '" ",,' ~><"'" co~~ ioo -q-Q.'" ~fQ ~~ ~j t-p.., <en O~ 0>--< U) Cil - U)>z <!3~ zC{1- !:.;LlUJ> ocG14 U)~a ;:E25z :::> ~ C5 .....1~cG aMp'~OZJlJUl \Jns \.l.Un \U Ol\ SDujMUP\:M s~{ tl/(fb1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA I The 19t:h day of November~ 2007. No. 37957-111907. AN ORDINANCE to amend ~36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone properties located at 501 and 521 Salem Avenue, S.W" identified by Official Tax Nos. 1111305, 1111307, 1111312, and 1111315, from I-I, Industrial District, to D, Downtown District, subject to certain proffers; and dispensing with the second reading by title of this ordinance. WHEREAS, Susanne D. Helbig has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the hereinafter described property rezoned from I-I, Industrial District, to D, Downtown District, for the purpose of developing the property for multifamily dwellings, subject to certain proffers; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by ~36.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on November 19,2007, after due and timely notice thereof as required by ~36.2- 540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, City Council, after considering the aforesaid application, the reconunendation made to City Council by the Planning Commission, the City's a-Helbig, Susanne - Rezone with proffers 11-19-07 Comprehensive Plan, and the matters presented at the public hearing,finds that the public necessity, convenience, general welfare, and good zoning practice require the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAlNED by the Council of the City of Roanoke that: 1. ~36.2-1 00, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to rezone certain properties located at 501 and 521 Salem Avenue, S.W., bearing Official Tax Nos. 1111305, 1111307, 1111312, and 1111315, from I-I, Industrial District, to D, Downtown District, for the purpose of developing the property for multifamily dwellings, subject to certain proffered conditions, as set forth in the Application for Conditional Rezoning - Amended Application No. 1 of Susanne D. Helbig, filed in the Office of the Department of Planning Building and Economic Development on October 19,2007. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: #tbm.~OW O-Helbig, Susanne - Rezone with proffers I 1-19-01 APPLICATION CONDITIONAL REZONING Date: October 18, 2007 To: The Honorable Ma~or and Members of City Council 0 Original Application c/o Department of Planning Building and Economic Development Room 166, Noel C. Taylor Municipal Building . X Amended.Application 215 Church Avenue, S.W. No.-L-. Roanoke, VA 24011 Phone: (540) 853-1730 Fax: (540) 853-1230 All submittals must be typed, include all required documentation and a check for the filing fee. Application is hereby submitted for conditional rezoning for the property located at: Property Address(es): 501 and 521 Salem Avenue, SW Official Tax No(s): 1111305, 1111307, 1111312, 1111315 Existing Zoning: I - 1 Requested Conditional Zoning: D Proposed land Use: Dwelling Multi - Family ! Name of Applicant/Contact Person: Susanne D. Helbig I (pending registration - Mansion Square Condominium Associates, llC) Mailing Address: 130 Scruggs Road, Suite 206, Moneta, VA24121 Telephone: (540) 721-0005 I Applicanfs signature: I' Property Owner's Name: Susanne D. Helbig . (pending deed transfer - Mansion Square Condominium Associates, llC) I Mailing Address: 130 Scruggs Road, Suite 206, Moneta, VA 24121 I I Telephone: (540) 721-0005 I Property Owner's signature: I , I 006 E-mail: genesismansionsltd_@msn.com 1l. 6 E-mail: helbigsd@msn.com .r SusanneD. Helbig 130 S~ruggs Road, Suite 206 - Moneta, Virginia 24121 TEL: (540) 721-0005 - Fax (540) 721-0006 EmaiJ: helbil!sd(ii:msn.~om October 18, 2007 The Honorable Mayor and Members of City Council C/o Department of Planning Building and Economic Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, SW Roanoke, Virginia 24011 RE: 501 and 521 Salem Avenue, Roanoke, Virginia Tax #s 1111305/1111307/1111312/1111315 Conditional Rezoning Application Applicant's Report Honorable Mayor C. Nelson Harris and Members of City Council: The above referenced property consists offour buildings, approximately 50,000 square feet, 1.7 acres and is known by most Roanokers as the Kroger Bakery on the corner of 5th and Salem Avenue. This property has not been in use or occupied for well over ten years. The purpose of this conditional fe-zoning request is to be able to convert the existing buildings into a maximum of 40 luxury condominiums, varying in size, each unique in character and lay-out. Each unit will have private and! or assigned parking, We feel this request is in compliance with the Comprehensive Plan, the rejuvenation of this part of downtown will be to the public's benefit, since most of the neighboring properties are retail or service oriented. On the attached (Exhibit 3) take note that the buildings have been numbered 1 through 4, to make reference explanations easier to follow, The two-story building on the comer of 5th and Salem A venue is Building 1; the next building, with the round roof on Salem A venue is Building 2; followed by a square addition on Salem A venue - Building 3 and the last square addition on Salem Avenue is Building 4. Bui]ding 1 and 2 are planned to have underground parking on the lower level in Building 1. A curb cut is in existence from Norfo]k A venue to a previously existing parking lot on the comer of 5th and Norfolk. Bui]ding 3 will have private, gated parking on the backside of the building entering from Norfolk A venue; this was previously used for access to loading docks of this building and has no curb. Bui]ding 4 will have parking on the side of the building facing the adjoining property on Salem A venue, since this area was also utilized to access loading docks no curbs are in existence there either. The period and style ofbui]ding I is reminiscent of the Art Deco / Art Nouveau era ofthe 1920's, the subsequent additions are purely functional and do not exhibit any particular style. As far as we can research the mayor construction of this property was between 1899 and 1926, with the last addition to be guessed in the 1970's. It is our intent to consolidate the entire property as one and incorporate the more distinguishable style into the project. We would refer to the end result as "understated glamour", with brick and wrought iron being the predominant materials of choice, alternate materials, such as Dryvit maybe used to add some ornamental interest, which will unify the buildings and cover certain not esthetically pleasing cinderblock wall sections. We intend to maintain the footprint of the building as it exists, with modification only due to the change in use, such as adding covered parking (carport style) to the side of building 4. Along the property line (see Exhibit # 3) we wish to construct a brick wall (approx. 3ft. high) with brick columns (approx. 8ft. high, every 10ft.) and decorative wrought iron section inserts. These wrought iron sections are to be repeated through out the project - on gates and door ways - to once again emphasize the unification of the buildings. Access to the parking areas is gained only by automated security gates. Two large ones for Buildings 1 and 2 underground parking and Building 4's side parking area, Building 3 will have either individual gates (for the units within the dock area) or individual garage doors (which are already in existence - for two planned units), Visitors have the choice of utilizing the visitors parking section on the comer ofSth and Norfolk for Buildings 1 and 2, park at the recessed individual gates of Building 3, use the open visitor parking area on the Norfolk Avenue side of BuiJding 4 or use available street parking, According to the plat admitted to record on October 17,2005,9'7" of the side walk on the Salem Avenue side of Building 1 belongs to the property. We would like to install the brick and wrought iron fence with gate on the property line in front of Building 1 to create a more fonnal Main Entrance. The original portion of Building I has brick columns from street level to rooftop, completing the column design on the remainder of the building, removing the blocks and restoring the original window and door openings in Building I, adding crossheads and key stones, will revitalize the fa~ade and bring the building back to life. The style should be continued on Buildings 2, 3 and 4 in addition to adding openings to accommodate the intended use as well as for ingress and egress purposes. Presently we are consulting with architects and engineers regarding the possibilities of adding a penthouse level to the structure with roof gardens and terraces. Should this be possible we would raise the building height by one floor and the height of a modified roof structure. The maximum total building height would not exceed 60 feet. Building 2 has several small room additions on the Norfolk Avenue side of the building; we plan to remove two of them (as noted on the Concept Plan prepared by Hill Studio dated September 5, 2007)The intend is to create a private, recreational area screened from view of passing traffic and restricted only to residents and guests. Additionally this small modification will create more parking and an enclosed waste area, convenient to all residents. We are very excited about this project and look forward to creating an exceptional space of which everyone involved can be proud. 7itled, e D. Helbig age Mansion quare Condominium Associates, LLC (Certifi te of incorporation pending) Attachments PROFFERS CONDITIONAL REZONING Date: October 18, 2007 To: Department of Planning Building and Economic Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Phone: (540) 853-1730 Fax: (540) 853-1230 Original: Amended: _X_ ( must attach a copy of existing proffers) Applicant's signature: Name of Applicant/Contact Person: no, ~uare Condominium Associates, LLC u e .JHelbig, Manager inium Associates, LLC - Susanne D. Helbig /''''''' Property Owner's Name: Mansion S Property Owner's signature: Pursuant to the Section 36.2.S41(c)(1), the owner(s) or duly authorized agent hereby voluntarily proffers the following conditions which shall be applicable to the property, if rezoned: 1.- The development shall not have more than 40 residential units. 2.- A fence of brick and metal construction shall be erected around the surface parking lot at the corner of 5th Street and Norfolk Avenue, SW (Official Tax No. 1111315), as shown on the Concept Plan prepared by Hill Studio, dated September 5,2007_ 3.- The four existing buildings identified as "Existing Building 1", "Existing Building 2", "Existing Building 3", and "Existing Building 4" on the Concept Plan prepared by Hill Studio, dated September 5, 2007 shall be retained with the exception of those portions of Building 1 and Building 2 delineated on the Concept Plan as "structure to be removed". (attach additional sheets as necessary) ..... ~~. 1~~t{J... 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II a- Do Do a- .- .. fl Ii ,,:S 'ie iHh i s~ ~8/:l ~~SSS ~ {; -<L B ~ ,..,; ....: ...; , --- PROFFERS CONDITIONAL REZONING Date: October 18, 2007 To: Department of Planning Building and Economic Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Phone: (540) 853-1730 Fax: (540) 853-1230 Original: Amended: _X_ ( must attach a copy of existing proffers) Applicant's signature: uare Condominium Associates, LLC ..tHelbig, Manager Property Owner's Name: Property Owner's signature: on iniurn Associates, LLC - Susanne D. Helbig /"""'- Pursuant to the Section 36.2--541(c)(1). the owner(s) or duly authorized agent hereby voluntarily proffers the following conditions which shall be applicable to the property. if rezoned: 1.- The development shall not have more than 40 residential units. 2.- A fence of brick and metal construction shall be erected around the surface parking lot at the comer of 5th Street and Norfolk Avenue, SW (Official Tax No. 1111315), as shown on the Concept Plan prepared by Hill Studio, dated September 5, 2007. 3.- The four existing buildings identified as "Existing Building 1", "Existing Building 2", "Existing Building 3", and "Existing Building 4" on the Concept Plan prepared by Hill Studio. dated September 5, 2007 shall be retained with the exception of those portions of Building 1 and Building 2 delineated on the Concept Plan as "structure to be removed". (attach additional sheets as necessary) The Roanoke Times Roanoke, Virginia Affidavit of Publication - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + - - - - - --~~-~--:4- --~ - - - - - - - I ': NOnCE OF PUBLIC ' , i HEARING .;i , , I The Council of the City of~ ' I 'Roanoke will hold a.publlClI Ihearlng on Monday,\ I :September 19, 2011, a~l 7:00 p.m., or.as soom. I 'thereafter as the matten. :may be heard, in theil 'council Chamber, fourth:l floor, in the Noel C. Taylon< I 'Municipal Building, 215C 'Church Avenue, S~W.". I 'Roanoke, Virg!nia, to) , ' consider the following: Request from 501 Salem"r , I L.L.C., to rezone a portion oft< the property located at 50U' I Isalem Avenue, S.W.". , bearing Official Tax Map No..o ; I 1111315, from 0,,' IDowntown Distri.ct"l I \conditional' to 1-1, L!~hUI Industrial, with a. c~ndltlonn;' , that existing bUlldl~g~ aS21 : .shown on a plan preparedb' I \by Lumsden Associates", I P.C., dated June 13,=!011"J shall remain. The propc;>sedb' 'general" usage of thea I property is as a warehouse..e "The comprehensive 'plann designates the prope~y fon< . 'industrial use. : . A copy of the application n , I is available for re~iew In' the 9 I Office of.the City Clerk,,> Room 456, Noel C. Taylorll 'Municipal Building; .215a Church Avenue, S.W.". 'Roanoke, Virginia. '; All parties in interest'and b I citizens may appear on'the a above date and be heard on n I the matter. If you are a 6 I person with a disabi!ltY;who 0 and , needs accommodatlOr~ for 11 , this.hearlng, please contact I: the City Clerk's Office, at II I 853-2541, before noon on n the Thursday before the a 'date c;>f the hearing listed b above. 'GIVEN under my hand this 2 30th day of August, 2011. I Stephanie M. Moon, MMC ~ . City Clerk. .l , , I , I I , I I , I KHAN, FAISAL 1902 PATTERSON AVE ROANOKE VA 24016 REFERENCE: 80180037 12776968 NPH-501 State of Virginia City of Roanoke The Roanoke Times Salem, LLC I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Vi~~\~a. Sworn and subscribed before me this ___L~~ay of SEPTEMBER 2011. Witness my hand official seal. PUBLISHED ON: 09/02 09/09 TOTAL COST: FILED ON: 399.36 09/09/11 Notary Public \\,11111//" ,\\\ ~ LA Y/vt."', ",^~ ,..... '~A~" , ~v .' " ...,. v ' ..' :";'" ,,' :\r>-B'I ". .... 2 ~:' ~00e\..\C .... it-=:' ~ CO : ~ 90930, ~ -' :1f70 ,,: - = : B't:.G. ~\~:,';,\G\~::::: :. ~.... \'J\'1~G~\ ~..\\,: ~.: -:. " ~b. ~I .. 9::- : -:.CQ', \ .,' ~...... ...."~4f~NWEA.L~~ ~~""... """11111\\\ . (12776968) --------------------------------------------------+------------------------ ~~~~~~~::~ /J1t" ~ , ---~----------------------- Billing Services Representative ~~~\)\ 't~ NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Monday, September 19, 2011, 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 501 Salem, L.L.c., to rezone a portion of the property located at 501 Salem Avenue, S.W., bearing Official Tax Map No. 1111315, from D, Downtown District, conditional, to 1-1, Light Industrial, with a condition that existing buildings as shown on a plan prepared by Lumsden Associates, P.C., dated June 13, 2011, shall remain. The proposed general usage of the property is as a warehouse. The comprehensive plan designates the property for industrial use. A copy of the application is available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W:, Roanoke, Virginia. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at 853-2541, before noon on the Thursday before the date of the hearing listed above. GIVEN under my hand this30thday of August , 2011. Stephanie M. Moon, MMC City Clerk. 501 Salem LLC-rezone.doc Notice to Publisher: Publish in the Roanoke Times on Friday, September 2 and Friday, September 9,2011. Send affidavit to: Stephanie M. Moon, MMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 Send Bill to: Faisal Khan, Operating Manager 501 Salem, LLC 1902 Patterson Avenue, S, W. Roanoke, Virginia 24016 (804) 836-7841 spodevkhan@vahoo.com NPH-501 Salem LLC-rezone.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov STEPHANIE M. MOON, MMC City Clerk JONATHAN E. CRAFT Deputy City Clerk September 9,2011 CECELIA T. WEBB Assistant Deputy City Clerk Faisal Khan, Operating Manager 501 Salem, LLC 1902 Patterson Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Khan: 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, September 19, 2011, 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 501 Salem, L.L.C., to rezone a portion of the property located at 501 Salem Avenue, S. W., from D, Downtown District, conditional, to 1':1, Light Industrial, subject to a certain proffered condition. 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 ~eptember 19th public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, ~ Y'rJ~fYJb~ Stephanie M. Moon, MMC I 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 JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, MMC City Clerk September 9,2011 CECELIA T. WEBB Assistant Deputy City Clerk To Adjoining Property Owners 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, September 19, 2011, 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 501 Salem, L.L.C., to rezone a portion of the property located at 501 Salem Avenue, S. W., from D, Downtown District, conditional, to 1-1, Light Industrial, subject to a certain proffered condition. 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, JSFtL-v h}.~o<>YJ Stephanie M. Moon, MMC City Clerk SMM:ctw ,. ..-- ,,,~,-, ... REZONING REQUEST- 501 Salem, LLC 501 Salem Avenue, S.W. Tax No.: portion of 1111315 AFFIDAVIT COMMONWEALTH OF VIRGINIA CITY OF ROANOKE ) ) TO-WIT: ) The affiant, Rebecca Cockram, 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 Virgini~, (1950), as amended, on behalf of the Planning Commission ofthe City of Roanoke, she has sent by first-class mail on the 25th day of July, 2011, notices of a public hearing to be held on the 18th day of August, 2011, on the request captioned above to the owner or agent of the parcels as set out below: Tax No. Owner and Mailinq Address 1111316 T B L PROPERTIES LLC PO BOX 131 BURLINGTON NC 27216 1110703 through 1110712 MIGLlARESE TIMOTHY & KRISTINE B 523 NORFOLK AVE SW ROANOKE VA 24016 1110713 CITY OF ROANOKE VIRGINIA 501 NORFOLK AVE SW ROANOKE VA 24016 1010126 INTEGRATED IMAGING 112 LLC 419 SALEM AVE ROANOKE VA 24016 . , 1010142 VIRGINIA MUSEUM OF TRANSPORTATION INC 303 NORFOLK AVE SW ROANOKE VA 24016 1010601 GEORGE PHILIP J JR 430 SALEM AVE SW ROANOKE VA 24016 1111916 through 1111919 LEONARD JAMES D 1935 HOPE RD ROANOKE VA 24018 r" "... ,- 1111911 V J ENTERPRISES LLC 1935 ROPE RD SW ROANOKE VA 24018 1111910 HARMAN JAMES K 5220 ROSELAWN RD SW ROANOKE VA 24018 1111909 1111920 OVERINGTON GRAPHICS INC 534 SALEM AVE SW ROANOKE VA 24016 Also Notified: Keith Hummer, Chair Downtown Residents Association 118 Campbell Ave SW Roanoke,VA 24015 Doug Waters 204 S. Jefferson St, Suite 9 Roanoke, VA 24011 Suzun Hughes 117 Campbell Ave SW Roanoke, VA 24011 Rena Cromer 543 Day Avenue SW Roanoke, VA 24016 {1) J-U fl-'! r;p Co ( }; J~ Rebecca Cockra SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 25~. of July, 2011. dau R ~~ Notary Public CANDACE R. MARTIN NOTARY PUBLIC Commonwealth' of Virginia ! Reg. #282076 , My Commission Expires CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E.CRAFf Deputy City Clerk STEPHANIE M. MOON, MMC City Clerk CECELlA T. WEBB Assistant Deputy City Clerk September 20,2011 Sheldon Bower Parker Design Group 816 Roanoke Boulevard Salem, Virginia 24153 Dear Mr. Bower: I am enclosing copy of Ordinance No. 39218-091911 rezoning a portion of property located at 3030 King Street, N. E., from R-5, Residential Single-Family District, to IN, Institutional District, conditional, and property located at 2922 King Street, N. E., from IN, Institutional District, to IN, Institutional District, conditional, for additional parking as permitted in the IN, Institutional District, subject to a certain condition proffered by the petitioner, as set forth in the Zoning Amendment Application dated July 7,2011. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 19, 2011; and is in full force and effect upon its passage. Sincerely, ~'r'O). "OO)oM Stephanie M. Moon, MMC City Clerk Enclosure pc: Parsell & Ziegler Development Corporation, 112 Kirk Avenue, S. W., Roanoke, Virginia 24011 Ronald Simmons, 3037 Belle Avenue,N. E., Roanoke, Virginia 24012 Tommy Ray and Bertha Mitchell, 3031 Belle Avenue, N. E., Roanoke, Virginia 24012 Gerald and Carla Vest, 3023 Belle Avenue, N. E., Roanoke, Virginia 24012 Matthew Wise, 3011 Belle Avenue, N. E., Roanoke, Virginia 24012 Mary Christine Lively, 3005 Belle Avenue, N. E., Roanoke, Virginia 24012 Sheldon Bower September 20,2011 Page 2 Donna Bateman, 288 Robert E. Lee Drive, Natural Bridge Station, Virginia 24579 Melissa and Darryl Hall, 2913 Belle Avenue, N. E., Roanoke, Virginia 24012 Sandra Hicks, 2909 Belle Avenue, N. E, Roanoke, Virginia 24012 Mark Shrewsbury, 2903 Belle Avenue, N. E., Roanoke, Virginia 24012 Harry Mack and Peggy White, 2847 Belle Avenue, N. E., Roanoke, Virginia 24012 Brenda and Clinton Carter, James and Ann Boothe, 1109 Redbud Lane, Vinton, Virginia 24179 . Church of God, 2915 King Street, N. E., Roanoke, Virginia 24012 Roger Moorman, 3001 King Street, N. E., Roanoke, Virginia 24012 Erin Caldwell and Kirby Charles, 3005 King Street, N. E., Roanoke, Virginia 24000 Jackie Fuller, 2930 Dell Avenue, N. E., Roanoke, Virginia 24012 John and Wilma Drewry, 3033 King Street, N. E, Roanoke, Virginia 24012 Thomas Cox, 1061 Three Roses Lane, Vinton, Virginia 24179 Joann Fields, Wildwood Civic League, 3128 Richard Avenue, N. E., Roanoke, Virginia 24012 Phil McDermot, 2712 Dell Avenue, N. E., Roanoke, Virginia 24012 Adrian Lewis, 2538 Belle Avenue, N. E., Roanoke, Virginia 24012 Scott Tate, 2602 Oregon Avenue, S. W., Roanoke, Virginia 24015 Philip Thompson, County Planner, County of Roanoke, P.O. Box 29800 Roanoke, Virginia 24018 Christopher P. Morrill, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Steve Talevi, Assistant City Attorney Philip Schirmer, City Engineer Susan Lower, Director, Real Estate Valuation Rebecca Cockram, Secretary, City Planning Commission ~,\Il ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of September, 2pll. No. 39218-091911. AN ORDINANCE to amend ~ 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading of this ordinance by title. WHEREAS, Trustees of New Assembly Covenant of God has made application to the Council of the City of RO'!lloke, Virginia ("City Council"), to have a portion of the property located at 3030 King Street, N.E., bearing Official Tax No. 7080420, rezoned from R-5, Residential Single-Family District, to IN, Institutional District, conditional, and property located at 2922 King Street, N.E., bearing Official Tax Map No. 7080425, rezoned from IN, Institutional District, to IN, Institutional District, conditional, for additional parking, as permitted in the IN, Institutional District; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by ~36.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on September 19, 2011, after due and timely notice thereof as required by g36.2- 540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and O-Trustees-New Assembly Covenant of God-rezone with proffers.doc 1 WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is ofthe opinion that the hereinafter described property should be rezoned. as herein prov~ded. THEREFORE, BE IT ORDAINED by the Council ofthe City of Roanoke that: L Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that a portion of Official Tax No. 7080420 located at 3030 King Street, N.E., be, and is hereby rezoned from R-5, Residential Single-Family District, to IN, Institutional District, conditional, and the property located at 2922 King Street, N.E., bearing Official Tax Map No. 7080425, be, and is hereby rezoned from IN, Institutional District, to IN, Institutional District, conditional, for additional parking, as permitted in the IN, Institutional District, subject to a certain condition proffered by the petitioner, as set forth in the Zoning Amendment Application datedJuly 7,2011. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: M.~~ City Clerk. O-Trustees-New Assembly Covenant of God-rezone with proffers. doc 2 To: Meeting: Subject: CITY COUNCIL AGENDA REPORT Honorable Mayor and Members of City Council September 19, 2011 Request from Trustees of New Assembly Covenant of God, to rezone a portion of the property located at 3030 King Street, N.E., bearing Official Tax Map No. 7080420, from R-5, Residential Single-Family District to IN(c), Institutional District, conditional, and property located at 2922 King Street, N.E., bearing Official Tax Map No. 7080425, from Institutional District to IN(c), Institutional District, conditional, for additional parking, as permitted in the IN, Institutional District. The comprehensive plan designates the properties for institutional use. Planning Commission Public Hearing and Recommendation: The Planning Commission held a public hearing on Thursday, August 18, 2011. By a vote of 7-0, the Commission recommended approval of the rezoning request, as amended by amended application No.2. Staff recommended approval of the amended application. Application Information Re uest: Owner: Authorized A ent: Cit Sta Person: Site Address/Location: Conditional Rezonin Trustees of New Covenant Assembl of God Sheldon R. Bowers (Parker Desi n Grou ) Maribeth B. Mills 3030 King Street N.E. (portion) and 2922 King Street N.E. 7080420 ( ortion) and 7080425 3.978 Acres Total R-S, Residential Sin le-Famil and IN, Institutional IN, Institutional District with conditions Place of Worshi and Sin le-Famil Dwellin Place of Worshi Hollins/Wildwood Area Plan Institutional Original Application: July 7, 2011; Amended Application No.1: August 10, 2011; Amended A Iication NO.2: Au ust 29, 2011 Background New Covenant Assembly of God is requesting to rezone the subject property to allow the addition of 67 parking spaces with associated stormwater management areas and consolidated entrance and driveway. The current development on the two parcels consists of a 4,000 square foot church building and 30-space parking lot on T.M. 7080425 and a single-family dwelling on T.M. 7080420. Three acres of the residential parcel would be combined with the church parcel to accommodate the proposed expansion. The residual 1.947 acres of the residential parcel would remain as R-5 district to accommodate the single-family dwelling. Any other additions to the site such as a building expansion would trigger an amendment of proffered conditions. Conditions Proffered by the Applicant The applicant hereby requests that the following proffered condition be adopted as it pertains to Official Tax Nos. 7080420 (portion) and 7080425. 1. Any future development shall be in substantial conformance to the Development Plan prepared for New Covenant Assembly of God, by Parker Design Group, Inc., dated July 7, 2011, latest revision on August 18,2011. 2. If the proposed stormwater management area on the south side of the parking lot adjacent to King Street is proposed for construction, it shall be buffered by planting equivalent to one row of evergreen trees and one row of evergreen shrubs. This buffer shall not impede sight distance of proposed entrance. Considerations Surrounding Zoninq and Land Use: Zoning District Land Use North R-5, Residential Single-Family Single-family residences. District South R-5, Residential Single-Family Single-family residences and Place District and IN, Institutional District of Worship. East R-5, Residential Single-Family Vacant. District West R-5, Residential Single-Family Single-family residences. District Compliance with the Zoninq Ordinance: A 250-seat sanctuary at a place of worship requires a minimum of 63 parking spaces and allows a maximum of 89 parking spaces in accordance with the 2 City's Zoning Ordinance. The proposed parking area identified as their 'immediate need' would bring the overall parking count to 65 spaces. The maximum allowed, in addition to 8 handicap spaces, has been identified as 'potential future parking' but could be constructed at any time if this application is approved. The only means of access to the site is by vehicle; this section of King Street is not served by sidewalks or bus stops. Conformity with the Comprehensive Plan and Neighborhood Plan: The initial layout proposed by the applicant included one large stormwater management area along King Street's frontage which staff did not support. Primary concerns were the potential loss of established tree canopy, increased visibility of the proposed parking area, and grading of the site's natural topography - all items addressed by both Vision 2001-2020 and the Hollins/Wildwood Area Plan. Staff recommended an alternative approach to stormwater management be explored. The applicant responded by amending the development plan ensuring the retention of mature vegetation, dispersing the stormwater management areas, and providing an evergreen buffer from King Street. Relevant Vision 2001-2020 policies: . EC P4. Environmental quality. Roanoke will protect the environment and ensure quality air and water for citizens of the region. o EC A 13. Limit the amount of impervious surfaces to reduce runoff. . EC P5. Trees. Roanoke will maintain and increase its tree canopy coverage as a way to improve air quality. . 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 rear or side of buildings. Relevant Neighborhood Plan Policies: . Community Design Policies: o Parking: Paved parking spaces should be minimized. City Department Comments: None. Public Comments: Joanne Fields, President of the Wildwood Civic League, stated no objection to the request. Planning Commission Public Hearinq: 3 The following was discussed at the Planning Commission's August 18, 2011 public hearing. 1. Ms. Katz stated that she was comfortable with the changes made to development plan. 2. Mr. Williams asked if secondary stormwater management area incorporated bioretention. The applicant responded that it could accommodate bioretention but was flexible enough to accommodate fifteen to twenty other stormwater practices. 4~~ Angela Penn, Chair City Planning Commission cc: Chris Morrill, City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Sheldon R. Bower, Parker Design Group Trustees of New Covenant Assembly of God 4 ~I I !'. Zoning Amendment ApplircatiQ:R Department of Planning, Building and Development Room 166, Noel C, Taylor Municipal Building 215 Church Avenue, SW. Roanoke, Virginia 24011 Phone: (540) 853-1730 Fax: (540) 853-1230 Date: IAU9 ~" 2011 I !Request(select an that. apply): .1 o Rezoning, Not Otherwise Listed [8] Rezoning, Conditional o Rezoning to Planned Unit Development o Establishment of Comprehensive Sign Overlay District IProperty Information: J 1__ . 9i~~__H_~r~_!o_~_~~~______il Submittal Number: lAm ended Application No.~ _ o Amendment of Proffered Conditions o Amendment of Planned Unit Development Plan o Amendment of Comprehensive Sign Overlay District Address: 2922 King ST, N.E. & Portion of 3030 King ST, N.E. Official Tax No(s),: 17080425 & Portion of 7080420 Existing Base Zoning: R-5, Residential Single Family & IN, Institutional (If multiple zones, please manually enter all districts.) Ordinance No(s), for Existing Conditions (If applicable): I Requested Zoning: IIN, Institutional I Proposed Land Use: Iplace of Worship IpropertyOwner Information:! o With Conditions [8] Without Conditions Name: Trustees of New Covenant Assembly of God Phone Number: I +1 (540) 580-7748 I E-Mail: IjeSSebass1@verizon.net I 2922 King Street, N.E. Roanoke VA 24012 Property Owne~s . nature: IApplicant Information.(if different from, owner):j Name: I Address: I I Phone Number: I I E-Mail: I I Applicant's Signature: !Authorized Agent Informatiion(if applicable):1 Name: Iparker Design Group Address: 1816 Boulevard Salem, VA 24153 ~PZ-~ $ - Authorized Agent's Signature: I Phone Number: I + 1 (540) 387-1153 I I E-Mail: ISbower@parkerdg.com I .,[:;.;'",, ,Zo'ni;lIgi;.Amend:.".e~,t. ",I IAppll~ationf:b_c:kl':i$tl ~t~ ~'fOllolNih~~:nmst b:es~bmit!~d:tor. alt:app1IcatiQms:..' . ./'1 ROANOKE IX Completed application form and checklist. IX Written narrative explaining the reason for the request. IX Location map, IX Adjoining property owners list. IX Metes and bounds description, if applicable. IX Required fee. IFor atezql1!ngriot otherwise'listed,:th~foliowing' .m~$i als()coe s~bfiilitted:1 r Concept plan meeting the Application Requirements of item #4 in Zoning Amendment Procedures. [FQraconditi9nakre2;ohing;.th~.f0~'must .~Iso b~ :submii~ IX Written proffers, IX Concept plan meeting the Application Requirements of item #4 in Zoning Amendment Procedures. Please label as 'development x plan' if proffered. lEer a planned: t1nitd.~gelopment; ~ne'{6'!!9wing:rnusfalso ~esubmiited.:.l r Development plan meeting the Application Requirements of item #4 in Zoning Amendment Procedures. lF~r:cico~pre~ensi\t~$ign. overrlay dIstr-iqt, the folloWimg rnpstbes'~~rnltte~:l r Comprehensive signage plan meeting the requirements of Section 36.2-336(d) of the City's Zoning Ordinance. IFdrali\ arriel'!(lrn~n~,bf pr6ff&retj.iondifion$.,' the following, must a!SQ,be s~~mitteq:1 r Amended development plan meeting the Application Requirements of item #4 in Zoning Amendment Procedures, if applicable. r Amended concept plan meeting the Application Requirements of item #4 in Zoning Amendment Procedures, if applicable. r Written proffers to be repealed. r Written proffers to be adopted, if applicable. If some of the existing proffers are to be retained, please include these in this list. r Copy of previously adopted Ordinance. !F9r'a planned. OJ1it.dev,elopme.nt.m~nd.ment, the followingrn~st al$o'be' $u~mitted':1 r Amended developm~nt plan meeting the Application Requirements of item #4 in Zoning Amendment Procedures. r Copy of previously adopted Ordinance, IF,ora: comprehenSiVe:$,'ig~overlilY 'id1~ndq.ent,th~ forlcY/ipg mu~t 'alsQ~.eiub~itt~ r Amended comprehensive signage plan meeting the requirements of Section 36.2-336(d) of the City's Zoning Ordinance, r Copy of previously adopted Ordinance. [Fora. prc5posal.thQtr,~qLJi(es~tr~fficiJnpact' study .be .s~btniited' to the'City, :th~ fOllow[!;l9'imist als9 be s~bf;l1itte9:.:' ' .I r A Traffic Impact Study in compliance with Appendix B-2(e) of the City's Zoning Ordinance, IFbr apr6p(j~ali fmat requires.~' t~anl'cin1pactarialysisb~ sLJQ.mittedtp VDOT, thefcllcwin~mus.t also.,besubfnitted>1 r Cover sheet. r. Traffic impact analysis. r Concept plan. ' r Proffered conditions, if applicable, r Required fee. *An electronic copy of this application and checklist can be found at www,roanokeva.gov/pbd by clicking 'Applications, Agreements, Bonds, and Schedule of Fees', A complete packet must be submitted each time an application is amended, unless otherwise specified by staff. Rezoning Application New Covenant Assembly of God Portion of Tax No. 7080420 Project Overview New Covenant Assembly of God (NCAG) currently owns two parcels off King Street, N.E. The first parcel, tax number 7080425, is 0.927 acres, zoned IN (Institutional) and contains a Church building and parking lot with approximately 30 parking spaces used as a place of worship. The second parcel, tax number 7080420, is 4.998 acres, zoned R-5 and contains a single family home. NCAG is in immediate need of approximately 35 additional parking spaces. However, place of worship is not allowed under the current zoning of R-5 for the second parcel, therefore it is the intent to rezone a portion (3.051 acres) of tax number 7080420 to IN (Institutional) and combine it with tax number 7080425 to allow for the immediate construction of the needed parking. The purpose of this rezoning application is to rezone a portion of tax number 7080420 (3.051 acres) from R-5 to IN (Institutional) and combine with tax number 7080425 (already zoned IN), resulting in a 3.978 acre parcel zoned IN to meet minimum City requirements for parking. It is understood that NCAG has the ability to seat 250 people. Per City of Roanoke Zoning Ordinance, the minimum parking spaces required is one parking space per four seats or 63 spaces and the maximum allowed parking spaces is 140% of the minimum required (excluding handicap spaces) or 89 spaces. The Development Plan illustrates the 35 parking spaces to be constructed immediately, highlights the areas for potential additional parking up to the maximum allowed by the City, and the boundary line adjustment needed. In addition, stormwater management areas have been shown in two locations. The two parcels owned by NCAG currently utilize two entrances off King Street, N.E. The concept plan illustrates the combination of these two entrances to reduce traffic conflict on King Street, N.E. An access easement to the remaining R-5 parcel will be provided. The development will provide the required buffer along the property lines in which the adjoining properties are zoned R-5. A proffer statement requires a buffer to be constructed along the stormwater management area adjacent to King Street. Conformance to Design Guidelines This proposed development meets the guidelines set forth in the HollinslWildwood Area Plan (HW AP), adopted June 20, 2005 by: · According to the Future Land Use map on page 13 of the HWAP, IN (Institutional) is a desired land use. · Curb and gutter will be included as part of the plan for new development areas. . Mature trees have been preserved. Conformance to District and Surrounding Areas This proposed development conforms to the surrounding districts and areas because: August 23, 20 J I Page 3 of I 3 Rezoning Application New Covenant Assembly of God Portion of Tax No. 7080420 . NCAG currently owns a parcel zoned IN in this area. . In addition, there is one lot across King Street zoned IN, owned by the Church of God also used as a place of worship. . The requested rezoning to IN is necessary to allow for the construction of the immediate needed parking to meet City requirements. Currently, NCAG has approximately 30 spaces which is half of the minimum parking required by the City Zoning Ordinance for a place of worship. Impact to Surrounding Areas The impacts that the proposed development will have on the surrounding area should be minimal and not have an undue adverse impact. The adjoining properties are single family use. The proposed development will provide for screening and buffer between residential properties and the Church. Traffic: The development of additional parking spaces will have no impact on traffic in the surrounding areas. Water Demands: The development of additional parking spaces will have no impact on water demands. Sanitary Sewer Demands: The development of additional parking spaces will have no impact on sanitary sewer demands. Storm Sewer Discharge: Stormwater management will be addressed as the need arises. The Development plan illustrates two areas for stormwater management. Either one or both of these areas will contain a stormwater management practice that will discharge to an adequate channel. The stormwater management will be designed so that the peak discharge rate will be at existing levels or lower. The site will address stormwater runoff quality per the State and Local requirements. The pollutant (phosphorous) level will be decreased as required. In general the proposed development will not adversely impact the public health, safety, or general welfare of the surrounding areas. August 23, 20 I I Page 4 of 13 Rezoning Application New Covenant Assembly of God Portion of Tax No. 7080420 Legal Description Legal Description for Rezoned Area Tax No. 7080425 and Portion of Tax No. 7080420 Requesting a Rezoning from R-5 (Residential Single Family) to IN (Institutional) BEGINNING at a point, said point being the southwest corner of Tax No, 7080425, said corner being on the right of way of King Street, N.E, thence N. 3r44'52" W., 185.84 feet, thence N. 41025'00" E, 350.04 feet, thence N. 65048'00" W., 246.16 feet, thence, S. 28054'04" E, 290.52 feet, thence S. 43051 '30" W" 273.39 feet to the northern right of way of King Street, N.E, thence along the right of way, S. 78024'34" W., 294.82 feet to the place of BEGINNING containing 3.978 Acres. August 23, 20 II Page 9 of 13 Rezoning Application New Covenant Assembly of God Tax Nos. 7080420 (portion) and 7080425 Proffers The applicant hereby requests that the following proffered conditions be adopted as they pertain to Official Tax Nos. 7080420 (portion) and 7080425. 1. Any future development shall be in substantial conformance to the Development Plan prepared for New Covenant Assembly of God, by Parker Design Group, Inc., dated July 7, 2011, latest revision on August 18, 2011. 2. If the proposed stormwater management area on the south side of the parking lot adjacent to King Street is proposed for construction, it shall be buffered by planting equivalent to one row of evergreen trees and one row of evergreen shrubs. This buffer shall not impede sight distance of proposed entrance. 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" i,,\ . '\ \ \ \ 'v-; '. 'I J ~"~n:ii' ~ . J ii -' [~ nl 1 ~~ I~i:lri Ul ""~ ~I"c,,,!! -I a;is: a a.Rlz"lIl h: ~..ht ;: ~ fqqq~ fll~ ;:i: en ~ f~ n~ ~Q :! i !lH ii ~ !l~;} "II E~' ;U ~d ~ ~~ [ ;;; ~li. ;U llg! Ul ~ii' " . ltj U. ." ~~ H i!~ ~! ~ " ~ ~ II i' ~'I ~~ n n < ~ g 2! a "U!!. !; ~ .. ~ iii".g "3 CD a ~ ~ i ; ; Development Plan Prepared for New Covenant Assembly of God Tax # 7080425 & 7080420 City of Roanoke, VA II!IWI ~m!""d .... lll'! I !,~l I = ~ mill' f:fi~ ,i ~... Ii" ".1 1,1'1 ~~~l I ~ I' ~h" ~ ~l The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times --------------------------------------------------+--------------~--------- ACCENT CONSTRUCTION INC 816 BLVD. SALEM PO BOX 1011 SALEM VA 24153 PUBLISHED ON: 09/02 09/09 \\\\11111111/1, \,\ p.LAYI11 ", ,,\ 0~ ....... '. ~A. "... ," ~ ..' ","P-'< ":v ...... .. :"?" '..IOlr .. ~ Q:' ;' I~ IJB\.-\C ". ~ -:. - QJ' ? 90930. :. :: ofnO ~I: - = : ?-t::.G. N'-\SS\ClI~:::::: ~ ~ .... \'!I~ C~~l~t.S H.t 15 g -:. C1 ". \:.)5;~., (2;:::: .... OdA ". ~,,"<."::-'; .... ... '''71/1, ....,... \::" ..' "" ONWEAl'\\ ,,' I, II' 11111illIl\ -------'-'~ -...-:n:'""~ : ~~l i, ^ t~ 'NOTICE OF PUBLIC r(~r, HEARING t' !The Council of the City of ~:Roanoke will hold a public I'h'..e'a r i n g 0 n M 0 n day, ,1S'eptember 19, 2011, at 1'71iOO p.m., or as soon l!thereafter as the matter -Ijjn,ay be heard, in the :!! eouncil Chamber, fourth II fJoor, in the Noel C. Taylor tlMunicipal Building, 215 j,0hurch Avenue, S.W., ~,Ro.anoke, Virginia, to , consider the following: : ",iRequest from Trustees of . '3NewAssembly Covenant of :iGod,to rezone a portion of Hthe,property located at ,,3030 King Street, N.E., : ~aring Official Tax Map No. ,,~7\080420, from ,R,~" :IRl!sidential Single-fall)lly (District, to IN, InstitUtional District, conditional, and 1i~6p'erty located at 29.22 ; King Street, N.E., bearing, yeJf,lcial Tax Map No. ",7<(),8 0 4 2 5, fro m IN, Ihstitutional District, to IN, ghfsJitutional District, :conditlonal, for additional blparking, as permitted in the .:J1l\l 'Institutional District. ,IIil'he:comprehensive pl.an 'Idesignates the properties :Cfofinstitutional use. . 16 A1COPY of the applicatIOn is available for review In the office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Ch'urch Avenue, S.W., tiRbanoke, 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 'lR~eds accommodations for 1Ith1s:.hearing, please contact the City Clerk's Office, at , 853-;2541, before noon on "Hie Thursday before the 'Iodate of the hearing listed " f;jbove. :. .!GIVEN under my hand this , a '3Oth day of August, 2011. .HEIStephanie M. Moon, MMC ,r11 '" City Clerk. :11UO! ,1\{o12776986) is ,t W.2 .______ _._' REFERENCE: 80125018 12776986 NPH-Trustees of New State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Vir~~~a. Sworn and subscribed ~efore me this ___1~2~ay of SEPTEMBER 2011. Wltness my hand and official seal. Notary Public TOTAL COST: FILED ON: 418.08 09/09/11 ~~~~~~~~:~----~---~-----------, Billing Services Representative ~ NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Monday, September 19, 2011, 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 Trustees of New Assembly Covenant of God to rezone a portion ofthe property located at 3030 King Street, N .E., bearing Official Tax Map No. 7080420, from R-5, Residential Single-Family District, to IN, Institutional District, conditional, and property located at 2922 King Street, N.E., bearing Official Tax Map No. 7080425, from IN, Institutional District, to IN, Institutional District, conditional, for additional parking, as permitted in the IN, Institutional District. The comprehensive plan designates the properties for institutional use. A copy of the application is available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at 853-2541, before noon on the Thursday before the date of the hearing listed above. GIVEN under my hand this30thday of Auqust , 2011. Stephanie M. Moon, MMC City Clerk. Trustees-New Assembly Covenant of God.rezone.doc Notice to Publisher: Publish in the Roanoke Times on Friday, September 2 and Friday, September 9, 2011. Send affidavit to: Stephanie M. Moon, MMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 Send Bill to: Sheldon Bower Parker Design Group 816 Boulevard Salem, Virginia 24153 (540) 387-1153 sbower@parkerdq.com NPH-Trustees-New Assembly Covenant of God.rezone.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Snite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov STEPHANIE M. MOON, MMC City Clerk JONATHAN E. CRAFT Deputy City Clerk " September 9,2011 CECELIA T. WEBB Assistant Deputy City Clerk Sheldon Bower Parker Design Group 816 Roanoke Boulevard Salem, Virginia 24153 Dear Mr. Bower: 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, September 19, 2011, 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 Trustees of New Assembly Covenant of God to rezone a portion of the property located at 3030 King Street, N. E., from R-5, Residential Single-Family District, to IN, Institutional District, conditional, and property located at 2922 King Street, N. E., from IN, Institutional District, to IN, Institutional District, conditional, for additional parking purposes. 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 September 19th public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, ~rn.~ Stephanie M. Moon, MMC' ~ 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 JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, MMC City Clerk September 9,2011 CECELIA T. WEBB Assistant Deputy City Clerk To Adjoining Property Owners 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, September 19, 2011, 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 Trustees of New Assembly Covenant of God to rezone a portion of the property located at 3030 King Street, N. E., from R-5, Residential Single-Family District, to IN, Institutional District, conditional, and property located at 2922 King Street, N. E., from IN, Institutional District, to IN, Institutional District, conditional, for additional parking purposes. 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, 'h} . -~ ' ~ Stephanie M. Moon, MMC City Clerk SMM:ctw i1; "i REZONING REQUEST-Trustees of New Assembly Covenant of God 3030 and 2922 King Street, N.E. AFFIDAVIT Tax No.: portion of 7080420 and 7080425 COMMONWEALTH OF VIRGINIA ) ) TO-WIT: ) CITY OF ROANOKE The affiant, Rebecca Cockram, 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 25th day of July, 2011, notices of a public hearing to be held on the 18th day of August, 2011, on the request captioned above to the owner or agent of the parcels as set out below: Tax. No. Owner and Mailinq Address 7080601 PARSELL & ZEIGLER DEVELOPMENT CORPORATION 112 KIRK AVE SW ROANOKE VA 24011 7080419 SIMMONS RONALD L 3037 BELLE AVE NE ROANOKE VA 24012 7080418 MITCHELL TIMOTHY RAY & BERTHA A 3031 BELLE AVE NE ROANOKE VA 24012 7080417 VEST GERALD W & CARLA D 3023 BELLE AVE NE ROANOKE VA 24012 7080416 PALMER TAMMY M 3017 BELLE AVE NE ROANOKE VA 24012 7080415 MATTHEW D WISE 3011 BELLE AVE NE ROANOKE VA 24012 7080414 LIVELY MARY CHRISTINE - LIFE ESTATE ~ 1'j 3005 BELLE AVE NE ROANOKE VA 24012 7080413 BATEMAN DONNA J 268 ROBERT E LEE DR NATURAL BR STA VA 24579 7080412 LUCAS HOWARD L & ALICE BELCHER 2919 BELLE AVE NE ROANOKE VA 24012 7080411 HALL DARRYL S & MELISSA A 2913 BELLE AVE NE ROANOKE VA 24012 7080410 HICKS SANDRA G 2909 BELLE AVE NE ROANOKE VA 24012 7080409 SHREWSBERRY MARK C 2903 BELLE AVE NE ROANOKE VA 24012 7080408 WHITE HARRY MACK & PEGGY S 2847 BELLE AVE NE ROANOKE VA 24012 7080422 % CLINTON & BRENDA CARTER 7080421 BOOTH JAMES R JR & ANN C 1109 REDBUD LN VINTON VA 24179 7040509 CHURCH OF GOD 2915 KING ST NE ROANOKE VA 24012 7040510 MOORMAN ROGER C 3001 KING ST NE ROANOKE VA 24012 7040507 CALDWELL ERIN E & KIRBY CHARLES B 3005 KING ST NE ROANOKE VA 24000 7040505 FULLER JACKIE L & IRIS N 2930 DELL AVE NE ROANOKE VA 24012 7040506 DREWRY JOHN M & WILMA B 3033 KING ST NE ROANOKE VA 24012 7040101 THOMAS WAYNE COX 1061 THREE ROSES LN VINTON VA 24179 Also Notified: ... .. .. t' .- JoAnn Fields Wildwood Civic League 3128 Ricahard Ave NE Roanoke,VA 24012 Phil McDermott 2712 Dell Avenue NE Roanoke, VA 24012 Adrian N. Lewis 2538 Belle Avenue, NE Roanoke, VA 24012 Scott Tate 2602 Oregon Avenue SW Roanoke,VA 24015 Mr. Philip Thompson County Planner County of Roanoke P. O. Box 29800 Roanoke, VA 240~ Cv~ Rebecca Cockram SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, thiS2~, R1~ Notary Public CANDACE A. MARTIN NOTARY PUBLIC Commonwealth of Virginia Reg. #28207 . My Commission Expires ..'t, 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 JUL CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT Date: IJU17,2011 I !!1!!S~!!!!!f!imt. D Rezoning, Not Otherwise Listed [8] Rezoning, Conditional D Rezoning to Planned Unit Development D Establishment of Comprehensive Sign Overlay District ~1I:"'Tfflfmr~ Address: 13030 King Street, N.E. ; Zfl.l. tG~ Sf; ";'1- Official Tax No(s).: 17080420 t 108DI(2.$' Submittal Number: IOriginal Application D Amendment of Proffered Conditions D Amendment of Planned Unit Development Plan D Amendment of Comprehensive Sign Overlay District Existing Base Zoning: R-S, Residential Single-FamilyJZtfC7M,,-44,W1' (If multiple zones, please manually enter all districts,) '.) Ordinance No(s). for Existing Conditions-(If applicable): I IIN, Institutional I Proposed Land Use: : PI~ o~ ()Jo-r~'p , 1 With Conditions [8] Without Conditions Phone Number: 15""10 - 5&> - T1~ E-Mail: Ij~6Se. b~ss r @ 'k.r:~c,,').~c..J- I Phone Number: I E-Mail: I I I Name: Address: Applicant's Signature: I Phone Number: I9fO-387-1f~~ I I E-Mail: I s.b..w..rC<'> p"" kr"':;-..J... Name: I~~~ ~S'G.w ~'P Address: I f!3/~ 13.->~"....1Z-t> - 5/..tL 1Z. ;& Authorized Agent's Signature: \". '. 'S::-::?;":;;'#,;~i.'::l";j;r;;Y7~10iiliill.;ll';"'- . IX Completed application form and checklist. IX Written narrative explaining the reason for the request. I}( Metes and bounds description, if applicable. I)(' Filing fee, r Concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures. ~~ittnna" .- ,",'.Imu' if ,. ~ ~~Jfr.~J!I~~~ .~, ... "~"'~~.' ~~Ufl~Jil IX Written proffers. See the City's Guide to Proffered Conditions. IX Concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures. Please label as 'development plan' if proffered, r Development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. r Comprehensive signage plan meeting the requirements of Section 36,2-336(d)(2) of the City's Zoning Ordinance. r Amended development or concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures, if applicable. r Written proffers to be amended. See the City's Guide to Proffered Conditions. r Copy of previously adopted Ordinance. r Amended development plan meeting the requirements of Section 36,2-326 of the City's Zoning Ordinance. r Copy of previously adopted Ordinance, r Amended comprehensive signage plan meeting the requirements of Section 36.2-336(d) of the City's Zoning Ordinance. r Copy of previously adopted Ordinance. r A Traffic Impact Study in compliance with Appendix B-2(e) of the City's Zoning Ordinance, r Cover sheet. r Traffic impact analysis. r Concept plan. r Proffered conditions, if applicable. r Required fee. · An electronic copy of this application and checklist can be found at www.roanokeva.gov/pbd by selecting 'Planning Commission' under 'Boards and Commissions'. A complete packet must be submitted each time an application is amended, unless otherwise specified by staff. , Rezoning Application New Covenant Assembly of God Portion of Tax No. 7080420 Project Overview New Covenant Assembly of God (NCAG) currently owns two parcels off King Street, N.E. The first parcel, tax number 7080425, is 0.927 acres, zoned IN (Institutional) and contains a Church building and parking lot with approximately 30 parking spaces used as a place of worship. The second parcel, tax number 7080420, is 4.998 acres, zoned R-5 and contains a single family home. NCAG is in immediate need of approximately 35 additional parking spaces. However, place of worship is not allowed under the current zoning of R-5 for the second parcel, therefore it is the intent to rezone a portion (3.051 acresi) of tax number 7080420 to IN (Institutional) and combine it with tax number 7080425 to allow for the immediate construction of the needed parking. The purpose of this rezoning application is to rezone a portion of tax number 7080420 (3.051 acres) from R-5 to IN (Institutional) and combine with tax number 7080425 (already zoned IN), resulting in a 3.978 acre parcel zoned IN to meet minimum City requirements for parking. It is understood that NCAG has the ability to seat 250 people. Per City of Roanoke Zoning Ordinance, the minimum parking spaces required is one parking space per four seats or 63 spaces and the maximum allowed parking spaces is 140% of the minimum required (excluding handicap spaces) or 89 spaces. . The Development Plan illustrates the 35 parking spaces to be constructed immediately, highlights the areas for potential additional parking up to the maximum allowed by the City, and the boundary line adjustment needed. The two parcels owned by NCAG currently utilize two entrances off King Street, N.E. The concept plan illustrates the combination of these two entrances to reduce traffic conflict on King Street, N.E. An access easement to the remaining R-5 parcel will be provided. The development will provide the required buffer along the property lines in which the adjoining properties are zoned R-5. Conformance to Design Guidelines This proposed development meets the guidelines set forth in the Hollins/Wildwood Area Plan (HW AP), adopted June 20, 2005 by: · According to the Future land Use map on page 13 of the HWAP, IN (Institutional) is a desired land use. · Curb and gutter will be included as part of the plan for new development areas. Conformance to District and Surrounding Areas This proposed development conforms to the surrounding districts and areas because: · NCAG currently owns a parcel zoned IN in this area. July 11,2011 Page3ofl3 ~,; Rezoning Application New Covenant Assembly of God Portion of Tax No. 7080420 · In addition, there is one lot across King Street zoned IN, owned by the Church of God also used as a place of worship. · The requested rezoning to IN is necessary to allow for the construction of the immediate needed parking to meet City requirements. Currently, NCAG has approximately 30 spaces which is half of the minimum parking required by the City Zoning Ordinance for a place of worship. Impact to Surrounding Areas The impacts that the proposed development will have on the surrounding area should be minimal and not have an undue adverse impact. The adjoining properties are single family use. The proposed development will provide for screening and buffer between residential properties and the Church. Traffic: The development of additional parking spaces will have no impact on traffic in the surrounding areas. Water Demands: The development of additional parking spaces will have no impact on water demands. Sanitary Sewer Demands: The development of additional parking spaces will have no impact on sanitary sewer demands. Storm Sewer Discharge: Stormwater management will be addressed as the need arises. Immediate need is for 35 parking spaces only. Based on the concept shown, the development will discharge to a stormwater management area. The stormwater management area will be designed so that the peak discharge rate will be at existing levels or lower. The site will address stormwater runoff quality per the State and Local requirements. The pollutant (phosphorous) level will be decreased as required. In general the proposed development will not adversely impact the public health. safety, or general welfare of the surrounding areas. July 11,2011 Page 4 of 13 '4 . " Rezoning Application New Covenant Assembly of God Portion ofTax No. 7080420 Proffers The applicant hereby requests that the following proffered condition be adopted as it pertains to Official Tax No. 7080420, I) Any future development shall be in substantial conformance to the Development Plan prepared for New Covenant Assembly of God, by Parker Design Group, Inc., dated July 7, 20 I I. July 11,2011 Page 13 of 13 t Rezoning Application New Covenant Assembly of God Portion of Tax No. 7080420 Legal Description Legal Description for Rezoned Area Tax No. 7080425 and Portion of Tax No. 7080420 Requesting a Rezoning from R-5 (Residential Single Family) to I N (Institutional) BEGINNING at a point, said point being the southwest corner of Tax No. 7080425, said corner being on the right of way of King Street, N.E., thence N. 3r44'52" W., 185.84 feet, thence N. 41025'00" E., 350.04 feet, thence N. 65048'00" W., 246.16 feet, thence, S. 28054'04" E., 290.52 feet, thence S. 43051'30" W., 273.39 feet to the northern right of way of King Street, N.E., thence along the right of way, S. 78024'34" W., 294.82 feet to the place of BEGINNING containing 3.978 Acres. July 11,2011 Page 9 of 13 , \ , \ " , '. \ I, I I I, if I' '- I i! ~ 51 ~ I i !i ~ ~ a- Il: 91 l;-~il'~i I; ~jlg, If ~'J !I ~ l( '~A ~ -J r~ I ~. f!- ~ .M h!~ ~ ~ ~~~ HI" . ~ ;s l( lii' IW i" ~! Develo~ment Plan 1Ii'!I'II!!i I ... .. ~ . ~ n ,11,llh I ~ < :; ~ ~ repared for ...!!. 1II1I I:iiq ~... II ii".g ~.: - - "~ New Covenant Assembly of God a Tax # 7080425 & 7080420 Il'ij !U I ~ ~ ~ & n City of Roanoke, VA l!l !~i! ~ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: cJerk@roanokeva.gov JONATHAN E. CRAFf Deputy City Clerk, STEPHANIE M. MOON, MMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk September20, 2011 Christopher P. Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: I am enclosing copy of Ordinance No. 39219-091911 providing for the conveyance of a public drainage easement across a portion of City-owned property, known as the former Countryside Golf Course, to Newbern Properties, LLC, in connection with the development of a new facility for Trane, Inc. The abQvereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 19, 2011; and is in full force and effect upon its passage. Sincerely, M~ 'r'O\. :?)IlW Stephanie M. Moon, MMC . City Clerk Enclosure pc: Ray Craighead, Craighead & Associates, 3536 Brambleton Avenue, Roanoke, Virginia 24018 William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Philip Schirmer, City Engineer D1L IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19t1i day of September, 2011. No. 39219-091911. AN ORDINANCE authorizing the conveyance of a variable width, public drainage easement across a portion of City-owned property, designated as Tax Map No. 6472302, known as the former Countryside Golf Course, to Newbern Properties, LLC, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, the necessary documents providing for the conveyance of a variable width, public drainage easement across a portion of City-owned property, designated as Tax Map No. 6472302, known as the former Countryside Golf Course, to Newbern Properties, LLC, in connection with the development of a new facility for Trane, Inc., as more particularly set forth in the City Manager's report to this Council dated September 19, 2011. 2. All documents necessary for this conveyance shall be in a form approved by the City Attorney. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~tn.mow City Clerk L CITY COUNCIL AGENDA REPORT To: Meeting: Subject: Honorable Mayor and Members of City Council September 19, 2011 Request from Newbern Properties, LLC for a Public Drainage Easement on City-Owned Property Background: Newbern Properties, LLC, has requested a Variable Width Public Drainage Easement, to be located across a portion of the former Countryside Golf Course. The drainage easement is currently 15' wide, and has filled in over time and closed the channel flow above ground to the natural stream bed into which it empties, a tributary of Lick Run. The proposed easement will support increased storm water runoff generated from the development of a new facility for Trane, Inc., which is currently under construction on an adjacent property owned by Newbern Properties, LLC. The location of the easement will not have any adverse impact on the future use or development of the City-owned property. Recommended Action: Following a public hearing, authorize the City Manager to execute the appropriate documents granting a Variable Width Public Drainage Easement across a portion of the former Countryside Golf Course, as described above to Newbern Properties, LLC, approved as to form by the City Attorney. " Istopher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Robert B. Ledger, Economic Development Manager Cassandra L. Turner, Economic Development Specialist \ \ \ \ \ \ \ \ \ TAX\472oo3 THE ruCKAWANA GROUP, LLC INSTRUMENT jlJloo14229 / . LOT 4Al\ / / INSTRUMENT #l1Qoo1212 (PLAT) ik / / \ \ It)~ / / \ \ ~ ~I ~/ \ ~\ - ~ / \~.\ /<1: / {:'t''<' N 04'54'00. E / // EX. IS'S.S.E. ~09-!'U'\ / /' -v.~ \ \ TAX /6472001 NEWBERN PROPERnES, UC INSTRUMENT 1010000001 LOT 2A-1A1 INSTRUMENT #/10001212 (PLAT) i -- (I) -~ ~ ~I l.Jl . ~q ,." 60' 0 1""""""1 -_ SCALE: ," = 60' DATE: SCALE: COMM. NO.: W: \drawlngo\2 010\ 10201\our\ 10201. x 02.dwg July 25, 2011 N 56V3'tO" E 135.21' N 04"29'55' W 40.00' "'~ ~!:i :::?~ TAX /16472302 PROPERTY OF CITY OF ROANOKE VIRGINIA INSTRUMENT /1050018538 (PARCEL 82) RESU8DIVlDED AS PARCEL 81 IN M.B. I, PG. 3408-3409 10201ex02-layoutf ~ ~~nv ~~~~ ~~ ~~ ~ ~ I I I "Xj ~ ~ '2: ;3 >-3 > V1 Vl 0\ G') >-3 .... ot?=j \ ~ - <:> . t ~.\~ ~ t?=j "-l:t'~E; "**= C]1 ..., - OJ ~ - ~ 60' I I C1 I I@ I A= 2"56'12' R= 7814.44 T= 200.31 L= 400.52 BRG. S 37'44'59" E CHD. 400.48 ROANOKE OFFICE OF CITY ENGINEER VIRGINIA NEW VARIABLE WIDTH PUBLIC DRAINAGE EASEMENT BEING BEING LOCATED ON TAX #6472302 PROPERTY OF THE CITY OF ROANOKE THE CITY OF ROANOKE, VIRGINIA SCALE: 1" = 60' APPROVED: DATE: JULY 25, 2011 PLAN NO. CITY ENGINEER 1" = 60' LUMSDEN ASSOCIATES, P.c. ENGINEERS-SURVEYORS-PLANNERS ROANOKE, VIRGINIA 2010-201 4664 BRAMBLETON AVENUE P.O. BOX 20669 ROANOKE, VIRGINIA 24018 PHONE: (540) 774-4411 FAX: (540) 772-9445 E-MAIL: MAIL@LUMSDENPC.COM INSTRUMENT #_________ The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times --------------------------------------------------+------------------------ RAY CRAIGHEAD 3536 BRAMBLETON AVE ROANOKE VA 24015 REFERENCE: 80118829 12783051 NPH-Easement-Newbern State of Virginia City of Roanoke I, (the undersigned) an autho!:ized 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 virgi~~a. Sworn and subscribed before me this __j_~~ay of SEPTEMBER 2011. Witness my hand and official seal. otary Public PUBLISHED ON: 09/09 "\11/1'",, ,\\ '^YAA '" ,'I. J>o. I.J"I lVi'" " ,'::4. ' ' ' .. " "1 il. .... .." ^ " :-{ ','V .. .. ~v,' ..,,0 " -:. .. "'" ' Q\\r ,.. 'M .. ~ ~..~ ~\)V C ',~ .. :: a:: ?0 9r:J~~ " -:. :: CO : ,,10 d\~ : ~ = - , (;. 'If _f\,\S",v ':2- = :?-~ (""~\\~' 1 t: - = -:. ~', ~'{ Vv ~ ,. <!1:: ,. r. {:!:'__ ~ -.. .a. ~ ~ ..t:' '~, ......"o4tlwO.N. w" E' ';(\'0 <0, "" '" C\ \\ "'''''11'''\ TOTAL COST: FILED ON: 209.04 09/09/11 I I I I The City of Roanoke proposes to grant a public I drainage easement, with an' approximate width of 25 I feet, across a portion of City I owned property designated as Tax Map No. 6472302, I known as the former Countryside Golf Course, to j Newbern Properties, LLC, in connection with the I development of a new' facility for Trane, Inc., which lis currently under construction on an adjacent Plproperty owned by Newbern Properties, LLC. : Pursuant to the~ 'I requirements Ofi5.2-i800 and 1813, Code of Virginia I (1950), as amended, notice I Is hereby given that the City I Council of the City of Roanoke will hold a public hearing on the above matter at its regularl meeting to be held on ,September 19, 2011, 'commencing at 7:00 p.m., lor as soon thereafter as the matter may be heard, in the Council Chambers, 4th 'F I oor, N oe I' C, Tay lor [Municipal Building, 215 'Church Avenue, S.W., Roanoke, Virginia. Further iinformatlon Is available ,from the Office of the City ,Clerk for the City of IR 0 a n 0 k eat (5 4 0 ) 853-2541. , Citizens shall have the :opportunlty to be heard and express their opinions on said matter, I If you are a person with a ;disabllity, who needs accommodations for this hearing, please contact the iClty Clerk's Office at (540) ,853-2541, before 12:00 noon on September 15, 2011. . GIVEN under my hand this ;6th day of September, 2011. I , Stephanie M. Moon, MMC( I City Clerk. '(12783051) I i . NOnCE OF PUBLIC HEARING --------------------------------------------------+------------------------ ~~~~~~~~:~__~----~______, Billing Services Representative ~0G NOTICE OF PUBLIC HEARING The City of Roanoke proposes to grant a public drainage easement, with an approximate width of 25 feet, across a portion of City owned property designated as Tax Map No. 6472302, known as the former Countryside Golf Course, to Newbern Properties, LLC, in connection with the development of a new facility for Trane, Inc., which is currently under construction on an adjacent property owned by Newbern Properties, LLC. Pursuant to the requirements of 15.2-1800 and 1813, Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on September 19, 2011, commencing at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Further information is available from the Office of the City Clerk for the City of Roanoke at (540) 853-2541. Citizens shall have the opportunity to be heard and express their opinions on said matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on September 15, 2011. GIVEN under my hand this 6th day of September , 2011. Stephanie M. Moon, MMC City Clerk. Notice to Publisher: Publish in the Roanoke Times on Friday, September 9, 2011. Send affidavit to: Stephanie M. Moon, MMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 Send Bill to: Ray Craighead Craighead & Associates 3536 Brambleton Avenue Roanoke, Virginia 24018 (540) 774-5326 ~ Q~~~: B\~, Ycdc'n6 Gorl""C: \ -.- ..- ...",..........~:1io""'..-"- .~ '. ..~..*;>.... '.' '. OOtb + -. ~,'QI1(j'.::'\.';" - -..=" """'~' . =~~',;'ge'lJ b" ,.,.... "C",."'. ;""':"""" ... " f' ~b'~\ 'f!. 'ris n - .,'. ~:t'., rap C/lJ~.. . . r~ " I~j , "'J .... . ~ TRANE Parking QQC- IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of September, 2011. No. 39220-091911. AN ORDINANCE authorizing the execution of a Deed of Reservation against City- owned property designated as Tax Map Number 1040202, to allow the placement of a revised permanent 40 foot wide by 898 foot long storm drain easement from the intersection of Reserve Avenue and Jefferson Street to the Roanoke River, in connection with the development of the Riverside Corporate Centre; authorizing the vacation of an existing storm drain easement created by plat, upon certain terms and conditions; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held September 19, 2011, pursuant to ~~ 15.2-1800 and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on the proposed deed ofreservation. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, the necessary documents to record a Deed of Reservation against City-owned property designated as Tax Map Number 1040202, to allow the placement of a revised permanent 40 foot wide by 898 foot long storm drain easement from the intersection of Reserve Avenue and Jefferson Street to the Roanoke River, for the purpose of supporting a drain pipe, and for the purpose of constructing and installing and thereafter maintaining, operating, relaying, and if necessary, replacing, a public storm drain system across the aforementioned parcel, formerly known as the National Guard Armory, in connection with the development of the Riverside Corporate Centre, and to vacate an existing storm drain easement created by plat previously recorded, upon the terms and conditions set forth in the City Manager's report to Council dated September 19, 2011. 2. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~!rJ,~ O-Deed of Reservation-Riverside Corporate Centre-revised stonn drain.9-I9-20 II.doc 2 CITY COUNCIL AGENDA REPORT To: Meeting: Subject: Honorable Mayor and Members of City Council September 19, 2011 Reservation of a Storm Drain Easement on Parcell 040202 Background: Development of the Riverside Corporate Centre required the construction of a new storm drain pipe from the intersection of Reserve Avenue and Jefferson Street to the Roanoke River. The storm drain pipe will be publicly owned and maintained. During project constru~tion the pipeline alignment was modified to avoid site features and existing landscaping. Council previously authorized the City Manager to execute a deed of easement for this pipe, but the pipe unfortunately was not installed within the area of the approved easement (which has not been recorded), so authorization to execute an easement for the actual location where the pipe was installed is now being requested. The pipeline crosses City owned property identified by Tax Map Number 1040202, formerly the site of the National Guard Armory. I I Considerations: The plat for the original easement was recorded in Map Book 1 Page 3598 in the Office of the Clerk of the Circuit Court of the City of Roanoke, but the actual deed was not recorded. The revised Deed of Reservation for the storm drain will limit the use of approximately 0.8202 acres on Tax Map Number 1040202, in perpetuity. The proposed easement is 40 feet wide and 898 feet long. The Deed of Reservation will be substantially similar to the draft deed attached to this letter, which deed is to be approved as to form by the City Attorney. Recommended Action: Authorize the City Manager to execute and record, and the City Clerk to attest, respectively, on behalf of the City of Roanoke, a Deed of Reservation substantially similar to the one attached to this letter, with such document to be approved as to form by the ity Attorney. Christopher P. Morrill City Manage r Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Assistant City Manager for Operations Tom N. Carr, Director of Planning Building and Development Phillip C. Schirmer, City Engineer ( I PATH!F1lIw.ME: M:\PROJECTS\WATER\601...2961\OOOl\CADD\OWG\SW-EASEIllENT -11.OWG lAST VPD...Tt: T\.Mliday, April 26, 201\ 4:O~:18 PU PlOT DATE: Tl.Iesd.ty, April 26. 2Ot1 4:05:32 P\t ANSI C - 26-Apr-l1 Ii -, " <n 0 ;1 N ~ 0 "'- V< s:: CO I >:> ~ ~ -0 Ei 0 ~ - < /;; <::) ~ <::) !I' .... Q ~ ~ ~ ~ ~ ~ ~ r;) g ~ !;' " ;:! !2 ~ l'l ~ ~ ~ ~ i!: ; ~ ~ ~ Hi i i ~ ~ :r:r~Z iii!<ll1j:l I ~;!;", >>}>n "':t~ O~Ul^ >n~(/) ~:I:'iio 08 ::J "(;~g I ~;gS;;: 8[;l:i! (jS2'" ~~a~ ....(')::ec:: ~~~~ ~~g I ~~ !<I" ::l "'-~~ 5MG no;:;! ""0 I (!!j" "" . zO ~o:!; o~~ z8'''' '" '" '" Z .... )> CO o ~~ "'". 0;0 ~o I T " i ~. fi' , (---J~ ----.JL ~ 1/ ~~J ;:0 [;j f'1 ~;:o ~rf7 " ~):> -<, if'1 ;;;z U>C f'1 .f./) .~ """" I' I : I I I : I r fTl G) fTl Z o ~ VIRGINIA STATE GRID SOUTH ZONE SOUTH ZONE (NAD83) r:li[;~r;~!: ; UHf) V)(/J U) V)(I) OC.H..A-"O~....... ":~":'iOi"lVJ U10....l(J10()lN; N--~~OO(..j ?' ,. oidvJ":";~--1 ~ !'-' :" ~ "i"i~~.....~'"'i ~\S .... 8~ <nO.... ag:t fTI>;"'>;>;>;>; :I: :::z~ ~~ v; ~~(/) ~~Ui fTIZ -0 "'~ ~"'-O Z" ~ g"'c n~~ -" NN-" -I.. ~'" ~,.~ ~~&;;::~~~ !<I'" ~;!J~ :I:.... ,,0 V; m~~ ~~~~~~~ '" . '" G)O-l OU> :i! !i1~ '0 ~o 0 00;8 ... fTI "'iii ~zS6 n"'-o 0", -I"''' 8'" '" 0-1 -0", '" -"0 oU>", :i!o-o _0 '" c'" ",. z'" c :i!'" ~~=< 1"'1;-l~ ;!< ~ ",'" U>-IO V< l::z ~nc ,.,. 0 "," ","'[;l C:I:>; -OG) " ~d ~~~ '" '" ,. ~~~ g~ ~~ -I~O " "tJ~~ ;! "'", C ~~ ~~z ~'" '" ~~:i! '" ~ ~~ Z:i! ~"O~ ~jj)1'T1 ~:!;~ :::JJ...-jc:J G)-I :!!o :<'2''2! JEFFERSON "'0 :! ~~ P ~" . p~ ~ 0 ~~ ~~ g~ f:D~ '" '" C ~~ VI ",0 E ~ :I: ~~ 0 ;3 ZN ~ n ['10 Gl A:COM .- 1"151'1W<<UNJtQ,I,O RCW<<:lKL~2<4010 PHeW! (540) &51-3100 N AJ o )> z o ^ fTl ;g();ga~~ o'2'oG)zu; ~MJ1fTl;:;t~ ~~~~~5 c"'c~"'~ tii ~~~~ ~~~ "'-I "'0 '2'", -I", :;;: n <; '" o ~ VIRGINIA STATE GRID SOUTH ZONE SOUTH ZONE (NADS3). PlAT SHOWING A NEW 40' PUBLIC STORM DRAINAGE EASEMENT AND A EASEMENT VACATION ON THE PROPERTY OF THE CI1Y OF ROANOKE, VIRGINIA o )> CO The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times -----------------------------------------------------------------------------------------------------------------~--------------------------- NOTICE OF PUBLICl , HEARING ,vI The City of Roanokel ! proposes to vacate a storm drain easement on City owned property designated as Tax Map Number 1040202, formerly known as the National Guard Armory, and to reserve a revised permanent 40 foot wide and 898 foot long , storm drain easement on , the same parcel, which I easement shall extend from i the Intersection of Reserve , Avenue and Jefferson Street to the Roanoke River, for the purpose of supporting a drain pipe, and for the purpose of constructing and i Installing and thereafter , maintaining, operating, I relaying, and if necessaryl replacing, a pUblic storm' drain system across the aforementioned parcel, in connection with the development of the Riverside Corporate Centre. Pursuant to the requirements of 15.2-1800 and 1813, Code of Virginia (1950), as amended, notice Is hereby given that the City Council of the City o,f , Roanoke will hold a public' I hearing on the above, ,matter at its regular I meeting to be held on ,September 19, 2011, I c!lmmencing at 7:00 p.m., , or as soon thereafter as the I " I mailer may be heard, in the Council Chambers, 4th I Floor, Noel C. Taylor. Municipal Building, 215 I Church Avenue, S.W., I Roanoke, Virginia. Further information Is available I from the Office of the City Clerk for the City of I Roanoke at (540) 853-2541. ' Citizens shall have the I opportunity to be heard and I express their opinions on said mailer. ' 'I' If you ale a person with a ,disability who needs \'" I""" J ' accommodations for this "" \ \ "l\cENL,'" '" hearing, please contact the \'1' '1,1:- City Clerk's Office at (540) ...... ~'.,.. .... "I~ _ " 853-2541, before 12:00 .:-...~~....NdTJ1Ry..F~ -=:. ~gf~. on September 15, _= ~.:'PLJBLlC I ......~ ~.. GIVEN under my hand this 6th day of September. = *:, REG. #332~ : * : 20~~Phanie M. Moon, MMC TOTAL COST: 243.36;~:, MY~~~M~SSIOI~ /;,:s: CityClrrk. ~~~-~~-~-~-~----------------------~!~~!_~~~-~--------~~ ..... ~~~!~~~{---------,~~:::~~::~------------------------------- I, LTLl (J" ", III n \\' I I" " \ " CITY OF ROANOKE CLERK'S OFFICE 215 CHURCH AVE SW#456 ROANOKE VA 24011 Reference: 32143302 12783062 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 ~~sworn & subscribed before rne this. yr ,l:iay of September 2011. Witness my hand a~ seal. ..... (tiJ).'.~!flt€!CLVY\QA Notary Public. PUBLISHED ON: 09/09 Authorized Signature: , Billing Services Representative 09v NOTICE OF PUBLIC HEARING The City of Roanoke proposes to vacate a storm drain easement on City owned property designated as Tax Map Number 1040202, formerly known as the National Guard Armory, and to reserve a revised permanent 40 foot wide and 898 foot long storm drain easement on the same parce~ which easement shall extend from the intersection of Reserve Avenue and Jefferson Street to the Roanoke River, for the purpose of supporting a drain pipe, and for the purpose of constructing and installing and thereafter maintaining, operating, relaying, and if necessary, replacing, a public storm drain system across the aforementioned parcel, in connection with the development ofthe Riverside Corporate Centre. Pursuant to the requirements of 15.2-1800 and 1813, Code of Virginia (1950), as amended, notice is hereby given that the City Council ofthe City of Roanoke will hold a public hearing on the above matter at its regular meeting to beheld on September 19, 2011, commencing at 7:00 p.rn., or as soon thereafter as the matter may be heard, in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia. Further information is available from the Office of the City Clerk for the City of Roanoke at (540) 853-2541. Citizens shall have the opportunity to be heard and express their opinions on said matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on September 15, 2011. GIVEN under my hand this,;;6thday of September, 2011. Stephanie M. Moon, MMC City Clerk. Notice to Publisher: Publish in the Roanoke Times on Friday, September 9,2011. Send bill and affidavit to: Stephanie M. Moon, MMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 NPH-Deed of Reservation-Riverside Corporate Centre.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, MMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk September 20,2011 Austin Rogers GBT Realty Corporation 201 Summit View Drive, Suite 110 Brentwood, Tennessee 37027 Dear Mr. Rogers: I am enclosing copy of Ordinance No. 39221-091911 amending Proffer Nos. 1,2,5, and 7, adopted by Ordinance No. 36175-121602, on December 16, 2002 and repealing Proffer No.6, with respect to properties located at 1261 Riverland Road and 0 Garden City Boulevard, S. E., as set forth in the Zoning Amended Application No. 3 dated September 14, 2011 and filed September 16, 2011; that such properties be zoned CG, Commercial General District, conditional. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 19, 2011; and is in full force and effect upon its passage. Sincerely, . ttF~'rn, OojON Stephanie M. Moon, MMC City Clerk Enclosure pc: Michael Pace, Attorney, Gentry Locke Rakes and Moore, P.O. Box 40013, Roanoke, Virginia 24022 Appalachian Electric Company, 40 Franklin Road. S. W., Roanoke, Virginia 24011 Robert and Tracy Kennedy, 1270 Riverland Road, S. E., Roanoke, Virginia 24014 Austin Rogers September 20,2011 Page 2 pc: Western Virginia Water Authority, 601 Jefferson Street, S.W., Suite 200 Roanoke, Virginia 24011 Jason Mogenson, 2237 Garden City Boulevard, S. E., Roanoke, Virginia 24014 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 Steve Talevi, Assistant City Attorney Philip Schirmer, City Engineer Susan Lower, Director, Real Estate Valuation Rebecca Cockram, Secretary, City Planning Commission /.<l ~l ~ou q \1 . <:> MEASURE GRANTING PETITION FILED ON SEPTEMBER 16. 2011 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of September, 2011. No. 39221-091911. AN ORDINANCE to amend S36.2-100, Code of the City of Roanoke (1979); as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, by deleting and amending certain proffers adopted by City Council in Ordinance No. 36175-121602, on December 16, 2002, pertaining to certain properties located at the intersection of Riverland Road, S.E., and Garden City Boulevard, S.E.; and dispensing with the second reading by title of this ordinance. WHEREAS, Austin Rogers, on behalf of GBT Realty Corporation, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to delete and amend certain proffered conditions as they pertain to 1261 Riverland Road, S.E., and 0 Garden City Boulevard, S.E., bearing Official Tax Nos. 4360103 and 4360104, respectively; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by ~36.2-540, Code ofthe City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on September 19, 2011, after due and timely notice thereof as required by ~36.2-540, Code ofthe 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 amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to this Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, fmds that the public necessity, K:lmeasuresIOrd-GBT Realty-amend existing proffers.1.2.S. 7 (3).doc 1 convenience, general welfare and good zonipg practice, requires the deleting and amending of certain proffers as they pertain.to properties located at 1261 Riverland Road"S.E., and 0 Garden City Boulevard, S.B., bearing Official Tax Nos. 4360103 and 4360104, respectively, as set forth in the Zoning Amended Application No.3 dated September 14, 2011. THEREFORE, BE IT ORDAINED by the Council ofthe City of Roanoke that: 1. Proffer Nos. 1, 2, 5 and 7 accepted by City Council when it adopted Ordinance No. 36175-121602, on December 16, 2002, with respect to properties located at 1261 Riverland Road, S.E., bearing Official Tax No. 4360103, and 0 Garden City Boulevard, S.B., bearing Official Tax No. 4360104, be amended as set forth in the Zoning Amended Application No.3 dated September 14, 2011, and filed September 16, 2'011, and that Proffer No.6 adopted at that . same time be repealed; that such properties be zoned CG, Commercial General District, conditional, as set forth in this Ordinance; and that ~36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect such action. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~rn.~lmJ City Clerk K:\measures\Ord-GBT Realty-amend existing proffers. 1.2.5. 70j.doc 2 To: Meeting: Subject: CITY COUNCIL AGENDA REPORT Honorable Mayor and Members of City Council September 19, 2011 Request from Austin Rogers, on behalf of GBT Realty Corporation, to amend Proffered Condition Nos. 1, 2, 5, and 7 and repeal Proffered Condition No.6, as such proffers are set forth in the Second Amended Petition to Rezone filed on November 13, 2002, and accepted by City Council by the adoption of Ordinance No. 36175-121602, as they pertain to the parcels of land at 1261 Riverland Road, S E., bearing tax no. 4360103, and 0 Garden City Boulevard, S.E., bearing tax no. 4360104, such amendment of proffers to allow for the use of the property as a 10,650 square foot discount retail sales establishment, as set forth in the Amendment of Proffered Conditions Amended Application No.2 dated August 2, 2011. The proposed general usage of the property is retail sales. The comprehensive plan designates the property for commercial use. Planning Commission Public Hearing and Recommendation: The Planning Commission held a public hearing on Thursday, August 18, 2011. By a vote of 1-6 (Mr. Hale voting for and the other Commissioners voting against), the motion to approve the application failed, the Commission finding the application inconsistent with the design principles of Vision 2001-2020 and the Garden City Neighborhood Plan. Adherence to the City's design principles is essential to maintaining the viability of the adjacent residential use and facilitating future economic development in the area. Staff did not support approval of the application. Application Information Request: Amendment of Proffered Conditions (Ordinance No. 36175-121602) WS Associates of Vir inia LLC (Victor Foti) GBT Realt Cor oration (Austin Ro ers) Michael Pace, Jr. (Gent Locke Rakes & Moore LLP) Maribeth B. Mills 1261 River/and Road SE and Garden City Boulevard SE 4360103 and 4360104 1.525 Acres Total CG, Commercial General District with conditions Pro osed Zonin : Existin Land Use: Pro osed Land Use: Neighborhood Plan: Specified Future Land Use: Filing Date: CG, Commercial General District with conditions Vacant Retail sales establishment Garden City Neighborhood Plan Commercial Original Application: May 3, 2011; Amended Application No.1: May 23, 2011; Amended A lication No.2: Au ust 2, 2011 Background The subject properties were rezoned in December of 2002 from RM-1 , Residential Mixed-Density District, to C-2, General Commercial District with conditions, to permit the construction of a highway convenience store and fast food restaurant. Conditions adopted with this rezoning limited the property to these two uses in a 9,750 square foot, one-story building with gas pumps, a drive-through window, and 28 parking spaces. To mitigate the development's impact on surrounding properties, elevations, a board-on-board privacy fence, shielded lighting, gas pump canopy standards, and freestanding signage standards were also conditioned. At the time, the City had not established a future land use designation for the property. The Garden City Neighborhood Plan, adopted by City Council in November, 2005, designated the site as the western edge of a village center. This designation represented the establishment of a specific land use policy for the area. Most village center areas were rezoned to Commercial-Neighborhood, if not already so zoned, as part of the 2005 comprehensive rezoning. However, the zoning of the subject property was designated Commercial-General because the rezoning, at the time, had occurred relatively recently and the proffered conditions would have survived any change in zoning district designation. The applicant requests to amend the proffered conditions to permit the construction of a 10,640 square foot retail sales establishment (Dollar General) and associated 35 space parking area. A Dollar General is currently located approximately one half mile from this site at 2110 Bennington Street. Proffers pertaining to fencing and lighting would be retained in their original form while all other proffers would be repealed (gas pump canopy standards) or amended (development plan, elevations, permitted uses, and freestanding signage standards). The Planning Commission held a public hearing on Thursday, June 16, 2011. By a vote of 0-6, (Mr. Hale absent), the motion to recommend approval failed, citing the proposed site layout and front building facades inconsistent with the design principles set forth in the City's Comprehensive Plan and the Garden City Neighborhood Plan. At City Council's public hearing on July 18, 2011, the 2 Department of Planning, Building and Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, SW. Roanoke, Virginia 24011 Phone: (540) 853-1730 Fax: (540) 853-1230 Date: IAU9 2, 2011 Submittal Number: IAmended Application No.2 o Rezoning, Not Otherwise Listed. o Rezoning, Conditional o Rezoning to Planned Unit Development o Establishment of Comprehensive Sign Overlay District - ~ ~. . 1ij' . '., ." ~ " .11 '-_, . ~"1 'Q. .... ... ". ~~ ~) [RJ Amendment of Proffered Conditions o Amendment of Planned Unit Devefopment Plan o Amendment of Comprehensive Sign Overlay District Address: 1261 Riverland Road, S.E. and () Garden City Boulevard, S.E. Official Tax No(s).: 14360103 and 4360104 Existi~g Base Zoning: ., ICG, Commercial-General (If multiple zones, please manually enter all dlstncts.) Ordinance No(s). for Existing Conditions (If applicable): 136175-121602 Requested Zoning: leG, Commercial-General I Proposed Land Use: /Retail I [gj With Conditions o Without Conditions I Phone Number: I E-Mail: I I I Name: GBT Realty Corporation (Representative: Austin Rogers) Phone Number: I +1 (615) 370-0670 I E-Mail: larogerS@gbtrealty.com I Name: G. Michael Pace, Jr. I Phone Number: 1540-983-9321 I I Va 24022 E-Mail: Ipace@gentrYlocke.com JRj Completed application form and checklist. Jgj Written narrative explaining the reason for the request. 181 Metes and bounds description, if applicable. !&! Filing fee. o Concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures. C! Written proffers. See the City's Guide to Proffered Conditions. o Concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures. Please label as ..J 'development plan' if proffered.. o Development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. D Comprehensive signage plan meeting the requirements of Section 36.2-336(d)(2) of the City's Zoning Ordinance. 18] Amended development or concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures, if applicable. . Jgj Written proffers to be amended. See the City's Guide to Proffered Conditions. ~ Copy of previously adopted Ordinance. D Amended development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. D Copy of previously adopted Ordinance. o Amended comprehensive signage plan meeting the requirements of Section 36.2-336(d) of the City's Zoning Ordinance. o Copy of previously adopted Ordinance. o A Traffic Impact Study in compliance with Appendix 8-2(e) of the City's Zoning Ordinance. o Cover sheet. o Traffic impact analysis. [J Concept plan. o Proffered conditions, if applicable. o Required fee. . "An electronic copy of this application and checklist can be found at www.roanokeva.gov/pbd by selecting 'Planning Commission' under 'Boards and Commissions'. A complete packet must be submitted each time an a~plication is amended, unless otherwise specified by staff. G. Michael Pace, Jr. GENTRY LOCKE RAKES & MGDRE'IP Attorneys Facsimile 540'983,9400 (540) 983-9312 pace@gentryiocke.com Post Office Box 40013 Roanoke, Virginia 24022-0013 August 11,20] ] VIA E-MAIL ONLY Chair and Members Roanoke City Planning Commission Noel C. Taylor Municipal Building 215 Church Avenue, Room 166 Roanoke, VA 24011 Re: Petition qfGBT Really COlporationji.Jr Amendment qfProfJers Dear Ms. Penn and Commission Members: We represent GBT Realty Corporation (GBT) concerning its request for an amendment of proffers to allow the development of a Dollar General store on 1.525 acres at the intersection of Riverland Road and Garden City Boulevard. We regret that we were not engaged to represent GBT in this matter prior to your hearing on June 16, 2011. We are, however, very pleased that City Council, at its meeting of July 18, 2011, referred this matter back to your Commission for reconsideration. We understand your concerns with the prior GBT application, and we have attempted to address each of them. As you know, the subject property is already zoned CG, and we are convinced that amendment of the existing proffers is appropriate and that Amended Application NO.2 can be a win-win for the neighborhood, the City and Dollar General. GBT is the contract purchaser of the property, subject to amendment of certain proffers related to its rezoning in 2002 from RM-l to C-2 for use only as a highway convenience store or a fast- food restaurant, the latter use by special exception. In the City's 2005 comprehensive rezoning, the zoning designation for the property became CG. Current zoning permits the property to be used by right as a 24-hour convenience store with gas pumps and a drive-thru window, subject to the proffers relating to development plan, parking, elevations, privacy fence, lighting, gas station canopies, and signage. The proposed use of the property as a Dollar General store is a less intensive use and provides more safeguards for appropriate development than the approved use. Additionally, the Dollar General store will provide goods and services not currently available to the public along Riverland Road and Garden City Boulevard. Significantly, we understand the project has the support of the Garden City Civic League, as stated in Mr. Chittum's June 16 report to the Planning Commission. 10 Franklin Road SE, Suite 800 .:. Roanoke, VA 24011':' Toll Free: 866-983-0866 wWN.gentrylocke.com 1909 f/f/5534735v f GENTRY LOCKE RAKES & MClDRE" e Chair and Members Roanoke City Planning Commission August 11,2011 Page 2 The GBT proposal is consistent with the City's Comprehensive Plan, which encourages commercial development at key intersections (ED P6, p. 59), and is supportive of the strategic initiative to develop underutilized commercial sites (p. 4). As noted, the subject property was rezoned to commercial in 2002, but has remained vacant since that time. The property consists of two contiguous parcels (4360103 and 4360104) located at the corner of Riverland Road and Garden City Boulevard. The CG zoning is consistent with existing uses and cunent pattern of development of nearby property. The property to the north is zoned I-I and used as an AEP substation. Also to the n011h, there is a Sanco Drugstore that is zoned CG. The property to the northeast is used as an IGA grocery store and is zoned CG. The property to the east is zoned ROS, and is owned by the Western Virginia Water Authority. The property to the west is also owned by AEP and is zoned ROS. The property to the south is zoned RM-2, on which is located a residential home. None of the nearby properties have any of the attributes ofa village center. The properties to the north and northeast are already commercially developed in traditional style (parking in front). The residential area located farther from the site along Rose A venue to the southeast has no sidewalks, on-street parking or other attributes of a village center. The City revised its zoning ordinance on May 16,2011. Ordinance No. 39122-051611 states a new purpose of CG zoned property, which is "to permit motor vehicle dependent uses that are generally developed as single use developments on individual lots, subject to landscaping, access and signage standards." Section 36.2-314(c). The proposed use is consistent with the CG purpose and meets the new standards imposed by the ordinance. In addition, GBT has included in its development plan a 10-foot shared use path (paved concrete) connecting to Mill Mountain trails, curb and gutter, an 8-foot planting strip with 13 deciduous street trees, a IS-foot buffer yard on the west, and a 10-foot buffer yard on the south. As requested by City staff, only one street access (Garden City Boulevard) is proposed. By contrast, the development plan for the convenience store approved in 2002 contains none of these amenities, and allows access from both Garden City Boulevard and Riverland Road. It is clear from the staff report and the minutes of your hearing on June 16, 2011, that City staff prefers a village center style development. However, a village center concept is more appropriate for property zoned CN, which is "intended to promote pedestrian-oriented development," or certain CG zoned property that has village center attributes, such as sidewalks and on-street parking, none of which are present near the subject property. A village center might be viable if existing prope11ies confonned to this style, or if all properties in a designated village area were undeveloped, which is not the case here. Furthermore, Vision 2001-2020 does not identify Garden City Boulevard and Riverland Road as a village center. Vision 2001-2020 identifies a village center at Bennington and RiverIand Road. The Garden City Neighborhood Plan identifies three commercial centers: Garden City Boulevard and Hartsook Boulevard, Garden City Boulevard between Ray and Victory Roads, 19091/1/5534735vl GENTRY LOCKE RAKES & MCIDRE'''' Chair and Members Roanoke City Planning Commission August I I, 201 I Page 3 and Yellow Mountain Road and Garden City Boulevard. Garden City Boulevard and Riverland Road are not mentioned as a village center location in either plan. Accordingly, we believe imposing a village center concept on the proposed development is unfounded and inappropriate. At your hearing on June 16, 20 II, City staff and the Planning Commission expressed three primary concerns about the proposed project - building orientation, impervious surfaces, and building facade, With respect to the building orientation, City staff prefers a building with its entrance set close to the street and parking in the rear. A preference was expressed for moving the Dollar General building to the east so that it is at the intersection of Riverland Road and Garden City Boulevard, and with parking in the rear. However, Dollar General uses trucks that are the standard 70 feet long to make deliveries to the store. If the building and. parking area were to be "t1ipped", there is insufficient space for the trucks to turn around, which would require them to back out onto Garden City Boulevard, creating a public safety and liability hazard. We will present a visual demonstration of this at the public hearing. Staff and the Planning Commission recommended that the drive aisle be narrowed from 36 feet to the City minimum of 24 feet. Dollar General has amended its Development Plan to narrow the drive aisle on the northern half of the parking lot, but the drive aisle needs to be wider on the southern half of the parking lot to accommodate the truck turning radius requirements. Section 36.2-316 of the May 16,2011 Zoning Ordinance requires that impervious surfaces not exceed 85% of lot area. The Amended Dollar General Development Plan, which is proffered, shows impervious surfaces at 51 % of lot area. Staff also expressed concern with the building fayade. The front of the building facing on Riverland Road is 100% masonry painted a "light stone" color. The side of the building facing Garden City Boulevard was formerly 40% masonry. The revised Elevations that are proffered commit Dollar General to 100% masonry on the Garden City Boulevard side. The other two sides will be metal painted the same color. The May 16, 20 I 1 Zoning Ordinance also established new requirements for fayade transparency in the CG District. See 99 36.2-316 and 36.2-319. The fayade of the proposed Dollar General store satisfies the new glazing standards, as well as all the other new fayade regulations. In summary, the request to amend the 2002 proffers to permit the development of the property by GBT for use as a Dollar General store satisfies the City's requirements under the CG zoning designation. The request is also consistent with Vision 2001-2020. The 2002 current zoning permits by right a 24-hour highway convenience store with gas pumps and a drive-thru window. The proposed Dollar General provides a better alternative, with operating hours between 9:00 am - 8:00 pm, Monday - Saturday, and 10:00 am - 8:00 pm Sundays, which is much less intensive and will generate less trame. The building orientation is farther away from the residential 19091/1/5534735vl GENTRY LOCKE RAKES & MCIDRE"" Chair and Members Roanoke City Planning Commission August 11, 2011 Page 4 property to the south than the approved convenience store. The development plan provides a pedestrian access trail and buffering and screening not found in the 2002 development plan. For all of these reasons, we believe GBT's request to amend the existing proffers is appropriate, satisfies all of the City's standards for development on this CG zoned parcel, provides an appreciably better alternative to the previously approved use of the property, and is consistent with the City's Comprehensive Plan. We are pleased that the City Council has referred GBT's application back to the Planning Commission. We have taken the opportunity to work with your statT in a collaborative elTort to improve the application and address your concerns. We hope that you will find Amended Application No.2 to be improved and to satisfactorily address your concerns, and that you will favorably recommend it for approval by City Council. Thank you for your consideration. We look forward to further discussing this with you at your public hearing on August 18. Very truly yours, MOORE, LLP GMP:wgb cc: Christopher P. Morrill Chris Chittum Austin Rogers Dylan Tarr I 90911l/5534735v I Metes and bounds description of property: Tax Map # 4360104: BEGINNING AT REBAR FOUND IN THE SOUTHERN RIGHT-OF-WAY OF RIVERLAND ROAD S.E., THENCE ALONG SAID RIGHT-OF-WAY THE FOLLOWING COURSES; ALONG A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 8 DEGREES 09 MINUTES 17 SECONDS, A LENGTH OF 167.36 FEET, A RADIUS OF 1175.91 FEET, A CHORD LENGTH OF 167.22 FEET AND A CHORD BEARING OF SOUTH 77 DEGREES 45 MINUTES 37 SECONDS EAST TO A REBAR FOUND, ALONG A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 5 DEGREES 13 MINUTES 21 SECONDS, A LENGTH OF 60.76 FEET, A RADIUS OF 666.62 FEET, A CHORD OF 60.74 FEET AND A CHORD BEARING OF SOUTH 84 DEGREES 26 MINUTES 56 SECONDS EAST TO A REBAR FOUND, SOUTH 51 DEGREES 03 MINUTES 44 SECONDS EAST 62.49 FEET TO A REBAR FOUND IN THE WESTERN RIGHT-OF-WAY OF GARDEN CITY BOULEVARD; THENCE ALONG SAID RIGHT-OF-WAY ALONG A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 9 DEGREES 35 MINUTES 21 SECONDS, A LENGTH OF 91.71 FEET, A RADIUS OF 547.96 FEET, A CHORD OF 91.60 FEET AND A CHORD BEARING OF SOUTH 06 DEGREES 31 MINUTES 15 SECONDS WEST TO A REBAR FOUND; THENCE LEAVING SAID RIGHT-OF-WAY NORTH 71 DEGREES 13 MINUTES 34 SECONDS WEST 284.80 FEET TO A REBAR FOUND; THENCE NORTH 05 OEGREES 24 MINUTES 26 SECONDS EAST, PASSING AN ANGLE IRON FOUND AT 71.42 FEET, A TOTAL DISTANCE OF 80.31 TO THE POINT OF BEGINNING AND CONTAINING 0.608 ACRES. Tax Map # 4360103 BEGINNING AT REBAR FOUND IN THE WESTERN RIGHT-OF-WAY OF GARDEN CITY BOULEVARD, THENCE ALONG SAID RIGHT-OF-WAY THE FOLLOWING COURSES; ALONG A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 0 DEGREES 09 MINUTES 40 SECONDS, A LENGTH OF 1.54 FEET, A RADIUS OF 547.96 FEET, A CHORD OF 1.54 FEET AND A CHORD BEARING OF SOUTH 11 DEGREES 23 MINUTES 44 SECONDS WEST TO A POINT, SOUTH 11 DEGREES 28 MINUTES 34 SECONDS WEST 103.10 FEET TO A REBAR FOUND, ALONG A CURVE TO TH E RIGHT HAVING A CENTRAL ANGLE OF 4 DEGREES 27 MINUTES 37 SECONDS, A LENGTH OF 20.36 FEET, A RADIUS OF 261.48 FEET, A CHORD OF 20.35 FEET AND A CHORD BEARING OF SOUTH 13 DEGREES 42 MINUTES 22 SECONDS WEST TO A REBAR FOUND, SOUTH 74 DEGREES 03 MINUTES 50 SECONDS EAST 18.97 FEET TO A REBAR FOUND, SOUTH 18 DEGREES 16 MINUTES 30 SECONDS WEST 19.90 FEET TO A REBAR FOUND; THENCE LEAVING SAID RIGHT-OF-WAY NORTH 71 DEGREES 13 MINUTES 34 SECONDS WEST, 285.03 FEET TO A REBAR FOUND; THENCE NORTH 05 DEGREES 24 MINUTES 26 SECONDS EAST 147.00 FEET TO A REBAR FOUND; THENCE SOUTH 71 DEGREES 13 MINUTES 34 SECONDS EAST 284.80 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.917 ACRES. Right-or-Wav dedication along RiverIand Road S.E. -1.194 SQ. Ft. BEGINNING AT A REBAR FOUND IN THE SOUTHERN RIGHT-OF-WAY OF RIVERLAND ROAD S.E., THENCE ALONG SAID RIGHT-OF-WAY ALONG A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 8 DEGREES 09 MINUTES 17 SECONDS, A LENGTH OF 167.36 FEET, A RADIUS OF 1175.91 FEET, A CHORD OF 167.22 FEET AND A CHORD BEARING OF SOUTH 77 DEGREES 45 MINUTES 37 SECONDS EAST TO A REBAR FOUND; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY ALONG A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 5 DEGREES 13 MINUTES 21 SECONDS, A LENGTH OF 60.76 FEET, A RADIUS OF 666.92 FEET, A CHORD OF 60.74 FEET AND A CHORD BEARING OF SOUTH 84 DEGREES 26 MINUTES 56 SECONDS EAST TO A REBAR FOUND; THENCE SOUTH 51 DEGREES 03 MINUTES 44 SECONDS EAST 11.10 FEET TO A POINT; THENCE LEA VING THE EXISTING RIGHT-OF-WAY AND ALONG THE NEW PROPOSED RIGHT-OF-WAY OF RIVERLAND ROAD S.E. ALONG A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 11 DEGREES 30 MINUTES 59 SECONDS, A RADIUS OF 1180.91 FEET, A LENGTH OF 237.36 FEET, A CHORD OF 236.96 FEET AND A CHORD BEARING OF NORTH 79 DEGREES 29 MINUTES 16 SECONDS WEST TO A POINT; THENCE NORTH 5 DEGREES 24 MINUTES 26 SECONDS EAST 5.09 FEET TO THE POINT OF BEGINNING. Right-or-Wav dedication along Garden City Blvd S.E. -1.710 SQ. Ft. BEGINNING AT A REBAR FOUND IN THE WESTERN RIGHT -OF- WAY OF GARDEN CITY BLVD S.E., THENCE ALONG SAID RIGHT-OF-WAY THE FOLLOWING COURSES; ALONG A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 9 DEGREES 35 MINUTES 21 SECONDS, A LENGTH OF 91.71 FEET, A RADIUS OF 547.96 FEET, A CHORD OF 91.60 FEET AND A CHORD BEARING OF SOUTH 06 DEGREES 31 MINUTES 15 SECONDS WEST TO A REBAR FOUND, ALONG A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 0 DEGREES 09 MINUTES 40 SECONDS, A LENGTH OF 1.54 FEET, A RADIUS OF 547.96 FEET, A CHORD OF 1.54 FEET AND A CHORD BEARING OF SOUTH 11 DEGREES 23 MINUTES 44 SECONDS WEST TO A POINT, SOUTH 11 DEGREES 28 MINUTES 34 SECONDS WEST 103.10 FEET TO A REBAR FOUND; THENCE LEAVING THE EXISTING RIGHT-OF- WAY AND ALONG THE NEW PROPOSED RIGHT-OF-WAY OF GARDEN CITY BLVD. S.E. NORTH 5 DEGREES 46 MINUTES 14 SECONDS EAST 203.30 FEET TO A POINT; THENCE SOUTH 51 DEGREES 03 MINUTES 44 SECONDS EAST 13.86 FEET TO THE POINT OF BEGINNING. AdioininQ property owners list: - TM: 4360105 Jason B Mogensen 2237 Garden City Boulevard Roanoke, VA 24014 - TM: 4360102,4250101,4250102 Appalachian Electric Company 40 Franklin Road SW Roanoke, VA 24011 - TM: 4250103 Robert Wayne Kennedy and Tracy H. Kennedy 1270 Riverland Road SE Roanoke VA 24014 - TM: 4360601 Western Virginia Water Authority 601 Jefferson St. SW, Suite 200 Roanoke, VA 24011 Written proffers to be amended: The applicant hereby requests that the following proffered conditions enacted by Ordinance No. 36175-121602 be amended as they pertain to Official Tax Nos. 4360103 and 4360104. 1. The property will be developed in substantial conformity with the Development Plan made by Lumsden I\ccooiates, dated May 10, 2001, Gresham, Smith, and Partners, dated May 15,2011 and attached to this amended petition as Exhibit A, Subject to the following changes: a. Any changes required by the City during the Comprehensive Site Plan review; b. 28 parldng spaoes shall be provided; 2. The building will be constructed in substantial conformity with the elevations prepared by T.A. Graham, Arohiteot, dated January 22, 2002 MJM Architects, dated May 17, 2011, a copy of which is attached to this amended petition as Exhibit B. 3. A board-on-board privacy fence, six feet high from grade, shall be erected between the property and the adjoining residence on Garden City Boulevard, except that the fence shall be stepped down to a finished point that allows for the minimum sight triangle at the point of vehicular access on Garden City Boulevard. 4. All lighting on the property shall consist of fixtures with shields designed to minimize illumination of any off-site property. 5. This property shall be used only as a high...vay oon'.'enience ctore and fact food rectaurant, if a speoial exoeption for it is granted. Only the following uses shall be permitted on the subject property: a. Business service establishment b. Medical clinic c. Office, general or professional d. Caterer, commercial e. Mixed-use building, limited to the commercial uses listed herein f. Studio/multimedia production facility g. Bakery, confectionary or similar food production, Retail h. Contractor or tradesman shop, General or Special Trade i. Dry cleaning or laundry pick-up station j. General service establishment k. Nursery or greenhouse, commercial I. Personal service establishment m. Pet grooming n. Retail sales establishment o. Workshop p. Club, lodge, civic or social organization q. Community center r. Eating establishment s. Health and fitness center 1. Meeting hall u. Artist studio v. Community garden w. Day care center, Adult x. Day care center, Child y. Educational facilities, business school for nonindustrial trade z. Educational facilities, Elementary/middle school aa. Educational facilities, Industrial trade school bb. Educational facilities, school for the arts cc. Government offices or other government facilities, not otherwise listed in this table dd. Library ee. Broadcasting studio or station ft. Utility distribution or collection, basic gg. Wireless telecommunication facility, stealth 6. ^ny c::mopy o'lor the gas pump icl.:1ndc chall haye a m::Ddmum cloaf, unobstructed height to ite undereide not to exoeed fourteen (11) feet eix (6) inohes ::md ma)dmum overall height not to exceed sixteen (16) feet six (6) inch os; there shall be no illumination ef any portion of the fasoia of the oanopy; the vertioal dimeneion of tho fascia of such canopy ehall be no more than t'::o (2) feet; nnd eigne ::itt::lOhed to or on such c::mopy eh::ill not be illumin::ited ::ind sh:lll not oxtond beyond the ends or extromities of tho faecia of the canopy to which or on which they are ::itt::iched. Any lighting fixtures or souroes of light th::it ::ire :1 p::irt of the underside of the o:1nopy shall be reoessed into tho underside of the c:1nopy so :1S not to protrude belo'N the oanopy oeiling. ^" suoh lighting aesooiated with the c:mopy shall be direoted downward toward the pump islands and shall not be directed outward or away from tho cite. 7. Freestanding signs on the subject property shall be limited in number to one (1) which sign shall be lecated either on the Riverland Road frontage or the northeast corner of the property at the intersection of Riverland Road and Garden City Boulevard. Said sign shall be no more than 20 feet in height with a sign surface area, per side, not to exceed 100 square feet. Electronic reader boards shall be prohibited. "r\ . SS ~f)1I \~\ \~\, ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of December, 2002. No. 36175-121602. AN ORDINANCE to amend s36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 436, Sectional 197fJ Zone Map, City of Roanoke, to rezone certain property within the City, subject to celiain conditions proffered by the applicant; and dispensing with the second readirrg of this ordinance. WHEREAS, WS Associates of Virginia, L.L.C., has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from to RM-l, Residential Multi-Family, Low-Density District, to C-2, General Commercial District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by S36:1-693, Code of the City of Roanoke (l979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on December 16, 2002, after due and timely notice thereof as required by S36.1-693, 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 ror and against the proposed rezoning; and ". .....-------.-.--.... -& ------ WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter describedpropeity should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-3, C()de of the City of Roanoke (1979), as amended, and Sheet No. 436 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: /I Those two tracts ofland located at the intersection of 1261 Riverland Road, S.E., and Garden City Boulevard, S.E., identified as Official Tax Map Numbers 43601 04 and 4360103, and designated on Sheet No. 436 of the Sectional 1976 Zone Map, City of Roanoke , be, and are hereby rezoned from RM-J, Residential Multi-Family, Low-Density District, to C-2, General Commercial District, subject to the proffers contained in the Second Amended Petition filed in the Clerk's Office on November 13,2002, and that Sheet No. 436 of the Zone Map be changed in this respect. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ~ .j. fJ~ ATTEST: 1l:IORDlNANCES\O-ltEZO- ws ASSOC OF V A 121602.DOC \ i -_._---_.~----'.- ---------.---------- IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINIA IN RE: Rezoning of two tracts of land located at the intersection of 1261 IDverJand Road, S.E. and Garden City Boulevard, S.E., identified as official Tax Map Numbers 4360104 and 4360103, from RM-l, Residential Multi-Family, Low-Density District, to C-2, General Commercial District, such rezoning to be subject to certain conditions. SECOND AMENDED PETITION TO THE HONORABLE MAYOR AND :MEMBERS .OF THE COUNCIL OF THE ClTY OF ROANOKE, VIRGINIA: Petitioner WS ASSOCIATES OF VIRGINIA, L.L.C. owns real property in the City of Roanoke, Virginia, containing 2 acres, more or less, located at the intersecti~n of Riverland Road and Garden City Boulevard and being Tax Map Numbers 4360104 and 4360103. The property is currently zoned RM-l Residential Multi-Family Low-Density . District. A map ofthe property to be rezoned is attached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, Petitioner requests that the said property be rezoned from RM-l, Residential Multi-Family, Low-Density District, to C-2, General Commercial District, subject to certain conditions set forth below, for the purpose of permitting a highway convenience store and fast food restaurant on the property. The conceptual development plan prepared by Lumsden Associates, dated May 10, 2001, is attached hereto as Exhibit B ("Development Plan"). .. -..--.---..------.--..-----------...---------.. Your petitioner believes the rezoning of the property will further the intent and purposes of the City's Zoning Ordinance and Vision 2001-2020 Comprehensive Plan. This property is located along and would be. oriented toward Riverland Road. This project will promote quality development and good use along the Riverland Road corridor. Landscaping and buffering is intended to protect the residential neighborhood on Garden City Boulevard. Your petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that it will (bide by, the following conditions: 1. The property will be developed in substantial conformity with the Development Plan made by Lumsden Associates, dated May 10, 2001, and attached to this amended petition as Exhibit B, subject to the following changes: (a) any changes required by the City during the Comprehensive Site Plan review; (b) 28 parking spaces shall be provided; 2. The building will be constructed in substantial confonnity with the elevations prepared by T. A. Graham, Architect, dated January 22,2002, a copy of which is attached to this amended petition as Exhibit C. 3. A board-on-board privacy fence, six feet high from grade, shall be erected between the property and the adjoining residence on Garden City Boulevard, except that 2 ..- ...._....._._~._._._-_.~-_.-..._.._. ~ .--.~-----..__._.... the fence shall be stepped down to a finished point that allows for the minimum sight triangle at the point of vehicular access on Garden City Boulevard. 4. All lighting on the property shall consist of fixtures with shields designed \ to minimize illumination of any off-site property. 5. This property shall be used only as a highway convenience store and fast fond..r.estaurant,ifa-.SpedaLexc.epjion fQr it is...granted. 6. Any canopy over the gas pump islands shall have a maximum clear, unobstructed height to its underside not to exceed fourteen (14) feet six (6) inches and maximum overall height not to exceed sixteen (16) feet six (6) inches; there shall be no illumination of any portion of the fascia of the canopy; the vertical dimension of the fascia of such canopy shall be no more than two (2) feet; and signs attached to or on such canopy shall not be illuminated and shall not extend beyond the ends or extremities of the fascia of the canopy to which or on which they are attached. Any lighting fixtures or sources of light that area part of the underside of the canopy shall be recessed into the underside of the canopy so as not to protrude below the canopy ceiling. All such lighting associated with the canopy shall be directed downward toward the pump islands and shall not be directed outward or away from the site. 7. Freestanding signs on the subject property shall be limited in number to one (1) which sign shall be located either on the Riverland Road frontage or the northeast corner of the property at the intersection of Riverland Road and Garden City Boulevard. 3 - -.. .-.----- .. .._w._....._w..._.._..~_._ '._'_'__,_...-_.. Said sign shall be no more than 20 feet in height with a sign surface area, per side, not to exceed 100 square feet. A ttached as Exhibit D are the names, addresses and tax numbers of the owners of all lots or properties immediately adjacent to, immediately across a street or road from the property to be rezoned. WHEREEORE,~'OllL.P..etitioner_Iequests_that..the...ahoY..e"-de5crihe.d..1r.act-h.e.r.ezonerl as requested in accordance with the provisions of the Zoning Ordinance of the City. of Roanoke. I This Second Amended Petition is respectfully submitted this /3-r1.... day of AJDW~ ,2002. WS ASSOCIATES OF VIRGINIA, L.L.c., a Virginia limited liability Gompany BY:~F~~ Of Counsel Maryellen F. Goodlatte, Esq. Glenn, Feldmann, Darby & Gqodlatte 210 1st Street, S.W., Suite 200 P. O. Box 2887 Roanoke, Virginia 24001-2887 (540) 224-8018 - Telephone (540) 224-8050 - Facsimile mgoodlatte@gfdg.com 4 .'- .-.---- '-"--~__'__'_h"__'_'___"._,_,_,_,_"" - ... ,. ....... 2 I =t~tll;: III ffi I ~b;~il~1 ~a A r r .. I if&~Jil ~I lA t i fi!i';1 ii'i I . ~~~ ~ ~I f. .~~.~'\ , , \ '- \ \ \ " . 0 t-t'3o'c!'{O , f'3i(\-o9~ _ - -- ,,,'s o\:M _ - - _ . " - - - - ''':',x.; - -- ~."f':.:'... --- .ft( ---- of- }~~. - - IM+ IWI ~~ 'J!j:::: ~ ......--------- \ \ \ \ \ \ , \ \ \ \ \ \ \ \ \ \\ ~\ . 01 ~\ , ~\. . \ !1>\ [TI\ \ I I I I I L I , , I I ./ I i I / I ./ /. / / ! / I ... .,..- ::<:.'.i :4;' I I -I ' / /-. L - - - ... . .<:\:~.;. t~ '. I I .. ..:;~\ ./ '/ . '..Y , .. 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N <( a:I ?- m :E >< w C/l Z o ~ iil IX o ~ w z o i= <( ~9 -l;'" UJ " 1L!o w~ -l;::: ....~ SEP. 16.2011' 8:38AMIPQ9 .FiREHOUSE SUBS 16~O. 3+2.NO. 343 p, 2U 2 ~lltDf~~andQew(aJ_ Room i~ Noel 0. TayIorMvnIcfper SUlIdlyj 2t60f1lmtJ.Are~ e.w. ~ VIrClbFa24Q11 . Phone: (~853-173D file (640) 6534230 SllbmlIls! NUIlbec ~e:.1~c1 ~oaWm 'R(I, " CJ RtzonTM. NotOlh&lWe IJIted Cl Remtq, OoJIdlIIcnal Cl ~to PJann8d IJnJt OowfDpmGJIt CI ~ Of(lD~1VG argn Qva)layO!$flIct S ROANOKE 1 Cl AmDsm.entoFPtoll1nd CclndlUons Cl AmtillI<knent crPltnllllluntt ~f1P1'1 CJ Amendmenttlf Oo~MSfQt\ OVerJaylXsIlfllt Ci ~;:.:.f:}~3 f ~'-':_'~': f.'_f J: ~l t:': ;.1:1. t1' : Ad.. l1241 llivet:lbDclnl4. At _&'44 0 UU'~ ~~ ~~.:~.: _ -d - ~ ,,~ : I OIIfoIalT~Nv($)': I 43~0103 aucl 4!~L04 . -- :~.:: , I ~_ZoIllnQ: EAt ~Ul - CQ ,mwllt~ (lt~ZOIleS, pl8alle ~8n&lrGlldlslJfclaJ ..... J' 0 WldloulCmldlIlo.ns OAIttanoeNo(B~ b'EllfsIIIlgCondll/mtorSjlplbabl9~J 36175-12161)2 .. . ~~. . I ~ =. I """""'loolu..d......" --.~ _:n J NIlIltQl ~_~~oo:1&ltes of V~ll:l.& LtC J I PIIllt18 NIInfI8l: ~ ~ ~)":I..~l ~ &J~A!; k .....~. ,~.- "!!4 - =:~] - ~;;.;;;i.fj)&lA.t.J1l '-orb'OYm<<a~ '~';.~).:I.,[ ~ .J:.\~ ~ ;'"; 11 ii:1Jt:'t_~::.t - e ::!'I~~~ I t~f.l ~(~:=::j:;...!i, 11'~'.:~~,! ;;:)\Ir::'?:,;~' Heme: Oft ae.1qr ~IL CAuthoutse4 ~a. ~. ftcnt~' $1S-37Q-Qfi70 J 1 ~llIIl1t VIaw Drift. SIlita 110, Bt6\\tW004; !II 3 1M' ~~tn.l~.~~:J ~.~: ~.:J; -~-~~ r_':::;; t }~. ':.-C;!f"!; ~_VJ!il:f:::t"(1:u.~':'I~;J>.lit~:)~: _:l-:;f.'~\i~ Name: I 0-. ~ ~ace~ ~r '-~~*--' ~ ~ :..:"'~'J PrtonelMnller. ~-J~li I - -- l_~:.... I [j Completed application fonn and checklist. Qt; Written narrative explaining the reason for the request. [Xi Metes and bounds description, if applicable. rx Filing fee. [J Concept plan meeting the Application Requirements of item '2(c}' in Zoning Amendment Procedures. C Written proffers. See the City's Guide to Proffered Conditions. [1 Concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures. Please label as - 'development plan' if proffered. C Development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. o Comprehensive signage plan meeting the requirements of Section 36.2-336(d)(2) of the City's Zoning Ordinance. [] Amended development or concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures, if applicable. r5 Written proffers to be amended. See the City's Guide to Proffered Conditions. [i Copy of previously adopted Ordinance. C Amended development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. o Copy of previously adopted Ordinance. o Amended comprehensive signage plan meeting the requirements of Section 36.2-336(d) of the City's Zoning Ordinance. o Copy of previously adopted Ordinance. C A Traffic Impact Study in compliance with Appendix 8-2(e) of the City's Zoning Ordinance. C Cover sheet. C Traffic impact analysis. o Concept plan. o Proffered conditions, if applicable. C Required fee. "An electronic copy of this application and checklist can be found at www.roanokeva.gov/pbd by selecting 'Planning Commission' under 'Boards and Commissions'. A complete packet must be submitted each time an application is amended, unless otherwise specified by staff. Narrative exoJainine; the reason for the request: The applicant would like to amend the proffers as adopted by the city council to allow for use of the property as a retail sales establishment. The proposed development would consist of a 10,640 square foot retail sales establishment and thirty five parking spaces. The applicant will, per the zoning ordinance, install privacy fence along the south and west sides of the property as part of the required landscape buffers. The applicant believes this use of retail sales establishment is in character with the neighborhood and in line with the previously approved proposal. The proposed use is less impactful to the neighborhood in both traffic generation and possible environmental impacts than the previously approved proposal. With the site having been vacant since the 2002 rezoning, it has become apparent that the limitations put on the property by the existing proffers have hindered its development. The applicant believes amendment of the proffers will allow the property to be developed and redeveloped in line with the city's vision for the area. 19091/1/S60181Svl ; Metes and bounds descriotion of orooertv: Tax Map # 4360104: BEGINNING AT REBAR FOUND IN THE SOUTHERN RIGHT-OF-WAY OF RIVERLAND ROAD S.E., THENCE ALONG SAID RIGHT-OF-WAY THE FOLLOWING COURSES; ALONG A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 8 DEGREES 09 MINUTES 17 SECONDS, A LENGTH OF 167.36 FEET, A RADIUS OF 1175.91 FEET, A CHORD LENGTH OF 167.22 FEET AND A CHORD BEARING OF SOUTH 77 DEGREES 45 MINUTES 37 SECONDS EAST TO A REBAR FOUND, ALONG A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 5 DEGREES 13 MINUTES 21 SECONDS, A LENGTH OF 60.76 FEET, A RADIUS OF 666.62 FEET, A CHORD OF 60.74 FEET AND A CHORD BEARING OF SOUTH 84 DEGREES 26 MINUTES 56 SECONDS EAST TO A REBAR FOUND, SOUTH 51 DEGREES 03 MINUTES 44 SECONDS EAST 62.49 FEET TO A REBAR FOUND IN THE WESTERN RIGHT-OF-WAY OF GARDEN CITY BOULEVARD; THENCE ALONG SAID RIGHT-OF-WAY ALONG A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 9 DEGREES 35 MINUTES 21 SECONDS, A LENGTH OF 91.71 FEET, A RADIUS OF 547.96 FEET, A CHORD OF 91.60 FEET AND A CHORD BEARING OF SOUTH 06 DEGREES 31 MINUTES 15 SECONDS WEST TO A REBAR FOUND; THENCE LEAVING SAID RIGHT-OF-WAY NORTH 71 DEGREES 13 MINUTES 34 SECONDS WEST 284.80 FEET TO A REBAR FOUND; THENCE NORTH 05 DEGREES 24 MINUTES 26 SECONDS EAST, PASSING AN ANGLE IRON FOUND AT 71.42 FEET, A TOTAL DISTANCE OF 80.31 TO THE POINT OF BEGINNING AND CONTAINING 0.608 ACRES. Tax Map # 4360103 BEGINNING AT REBAR FOUND IN THE WESTERN RIGHT-OF-WAY OF GARDEN CITY BOULEVARD, THENCE ALONG SAID RIGHT-OF-WAY THE FOLLOWING COURSES; ALONG A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 0 DEGREES 09 MINUTES 40 SECONDS, A LENGTH OF 1.54 FEET, A RADIUS OF 547.96 FEET, A CHORD OF 1.54 FEET AND A CHORD BEARING OF SOUTH 11 DEGREES 23 MINUTES 44 SECONDS WEST TO A POINT, SOUTH 11 DEGREES 28 MINUTES 34 SECONDS WEST 103.10 FEET TO A REBAR FOUND, ALONG A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 4 DEGREES 27 MINUTES 37 SECONDS, A LENGTH OF 20.36 FEET, A RADIUS OF 261.48 FEET, A CHORD OF 20.35 FEET AND A CHORD BEARING OF SOUTH 13 DEGREES 42 MINUTES 22 SECONDS WEST TO A REBAR FOUND, SOUTH 74 DEGREES 03 MINUTES 50 SECONDS EAST 18.97 FEET TO A REBAR FOUND, SOUTH 18 DEGREES 16 MINUTES 30 SECONDS WEST 19.90 FEET TO A REBAR FOUND; THENCE LEAVING SAID RIGHT-OF-WAY NORTH 71 DEGREES 13 MINUTES 34 SECONDS WEST, 285.03 FEET TO A REBAR FOUND; THENCE NORTH 05 DEGREES 24 MINUTES 26 SECONDS EAST 147.00 FEET TO A REBAR FOUND; THENCE SOUTH 71 DEGREES 13 MINUTES 34 SECONDS EAST 284.80 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.917 ACRES. Riehl-or.Wav dedication alollS!: Riverland Road S.E. -1.194 Sa. Ft. BEGINNING AT A REBAR FOUND IN THE SOUTHERN RIGHT -OF- WAY OF RIVERLAND ROAD S.E., THENCE ALONG SAID RIGHT-OF-WAY ALONG A CURVE TO THE LEFf HAVING A CENTRAL ANGLE OF 8 DEGREES 09 MINUTES 17 SECONDS, A LENGTH OF 167.36 FEET, A RADIUS OF 1175.91 FEET, A CHORD OF 167.22 FEET AND A CHORD BEARING OF SOUTH 77 DEGREES 45 MINUTES 37 SECONDS EAST TO A REBAR FOUND; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY ALONG A CURVE TO THE LEFf HAVING A CENTRAL ANGLE OF 5 DEGREES 13 MINUTES 21 SECONDS, A LENGTH OF 60.76 FEET, A RADIUS OF 666.92 FEET, A CHORD OF 60.74 FEET AND A CHORD BEARING OF SOUTH 84 DEGREES 26 MINUTES 56 SECONDS EAST TO A REBAR FOUND; THENCE SOUTH 51 DEGREES 03 MINUTES 44 SECONDS EAST 11.10 FEET TO A POINT; THENCE LEAVING THE EXISTING RIGHT -OF- WAY AND ALONG THE NEW PROPOSED RIGHT-OF- WAY OF RIVERLAND ROAD S.E. ALONG A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 11 DEGREES 30 MINUTES 59 SECONDS, A RADIUS OF 1180.91 FEET, A LENGTH OF 237.36 FEET, A CHORD OF 236.96 FEET AND A CHORD BEARING OF NORTH 79 DEGREES 29 MINUTES 16 SECONDS WEST TO A POINT; THENCE NORTH 5 DEGREES 24 MINUTES 26 SECONDS EAST 5.09 FEET TO THE POINT OF BEGINNING. Rieht.or.Wav dedication alone Garden City Blvd S.E. -1.710 Sa. Ft. BEGINNING AT A REBAR FOUND IN THE WESTERN RIGHT-OF- WAY OF GARDEN CITY BLVD S.E., THENCE ALONG SAID RIGHT-OF-WAY THE FOLLOWING COURSES; ALONG A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 9 DEGREES 35 MINUTES 21 SECONDS, A LENGTH OF 91.71 FEET, A RADIUS OF 547.96 FEET, A CHORD OF 91.60 FEET AND A CHORD BEARING OF SOUTH 06 DEGREES 31 MINUTES 15 SECONDS WEST TO A REBAR FOUND, ALONG A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 0 DEGREES 09 MINUTES 40 SECONDS, A LENGTH OF 1.54 FEET, A RADIUS OF 547.96 FEET, A CHORD OF 1.54 FEET AND A CHORD BEARING OF SOUTH 11 DEGREES 23 MINUTES 44 SECONDS WEST TO A POINT, SOUTH 11 DEGREES 28 MINUTES 34 SECONDS WEST 103.10 FEET TO A REBAR FOUND; THENCE LEAVING THE EXISTING RIGHT-OF- WAY AND ALONG THE NEW PROPOSED RIGHT -OF-W A Y OF GARDEN CITY BLVD. S.E. NORTH 5 DEGREES 46 MINUTES 14 SECONDS EAST 203.30 FEET TO A POINT; THENCE SOUTH 51 DEGREES 03 MINUTES 44 SECONDS EAST 13.86 FEET TO THE POINT OF BEGINNING. Adioinina orooertv owners list: - TM: 4360105 Jason B Mogensen 2237 Garden City Boulevard Roanoke, VA 24014 - TM: 4360102,4250101,4250102 Appalachian Electric Company 40 Franklin Road SW Roanoke, VA 24011 - TM: 4250103 Robert Wayne Kennedy and Tracy H. Kennedy 1270 Riverland Road SE Roanoke VA 24014 - TM: 4360601 Western Virginia Water Authority 601 Jefferson St. SW, Suite 200 Roanoke, VA 24011 Written proffers to be amended: The applicant hereby requests that the following proffered conditions enacted by Ordinance No. 36175-121602 be amended as they pertain to Official Tax Nos. 4360103 and 4360104. 1. The property will be developed in substantial confarmity with the Development Plan made by Lumsden ,^.ssociates, dated May 10, 2001, and attached to this amended petitien 00 E1UHbit B, Subject to the follo'.vmg changes: a. /.ny changes f<:q\:lired by the City during the Comprehensive Site PIon review; b. 28 paI"king spa€es shall be provided; 2. The building '.vill be eonstructed in substantial conformity '.vith the elevations prepared by T..^.. Graham, i\rchitect, dated Jant:1ary 22, 2002, a copy of which is attached to this amenaedpetiti0n as Exhibit C. 3. A board-on-board privacy fence, six feet high from grade, shall be erected between the property and the adjoining residence on Garden City Boulevard, except that the fence shall be stepped down to a finished point that allows for the minimum sight triangle at the point of vehicular access on Garden City Boulevard. 4. All lighting on the property shall consist of fixtures with shields designed to minimize illumination of any off-site property. 5. This property shall be \:lsed only as a highv;ay eonvem.enee store and foot food restaurant, if a special exception for it is granted. Only the following use shall be permitted on the subject property: Retail sales establishment. 6. Any can0py over the gas pump islands shall have a maximum elear, URobstrueted height to its underside nat to exceed fourteen (14) feet siK(6) inches and maximum overall height not to exceed sixteen (16) f-cet sj}( (6) inches; there shall be no illumination of any portion of the fascia of the canopy; the vertical dim.ension of the facia of such canopy shall be no more than tvlO (2) f-cot; and signs attached to aF on such canopy shall not be illuminated and shall not extend beyond the eads Of extremities of the fascia of the canopy ta 'Nhiah or on \vhich they aI"-6 attached. "^..n:-y lightni.ag fixtures or soun:es of light that are a part of the 1:lfid0fside of the eanop)' shall be recessed into the underside of the canopy so as Hot to protrude belo';,' the canopy ceiling. .^..ll sHeh lighting associated with the canopy shall be directed dowmvard towaI"d the pump islands and sban not be dkeered ouhvard or av;a-y from the site. 7. Freestanding signs on the subject property shall be limited in number to one (1) which sign shall be located either on the Riverland Road frontage or the northeast comer of the property at the intersection of Riverland Road and Garden City Boulevard. Said sign shall be no more than 20 feet in height with a sign surface area, per side, not to exceed 100 square feet. Electronic readerbourds shall be prohibited. 19091/1/S601815vl New Proffers: 1. The property will be developed in substantial conformity with the Development Plan prepared by Gresham, Smith and Partners, dated May 15, 201 J, and attached to Amended Application No. 3 as Exhibit A, subject only to any changes required by the City during Comprehensive Site Plan Review. 2. The buildings will be constructed in substantial conformity with the elevations prepared by MJM Architects, dated May 17, 2011, a copy of which is attached to Amended Application No. 3 as Exhibit B. 19091/1/S60181Svl . r\ . 't A .tl'.~ ' ~\ ~ ~\l IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of December, 2002. No. 36175-121602. AN ORDINANCE to amend S36.l-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 436, Sectional197~ Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by t~e applicant; and dispensing with the second reading of this ordinance. WHEREAS, WS Associates of Virginia, L.L.C., has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from to RM-l, Residential Multi-Family, Low-Density District. to C-2, General Commercial District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by 936:1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the ~atter, has rnadeits recommendation to Council; and WHEREAS, a public hea.ring was. held by City Council on said application at its meeting on December 16, 2002, after due and timely notice thereof as required by &36.1-693, . Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity 10 be hear4~ both for and against the proposed rezoning; and WHEREAS~ this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter describedpropeity should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-3, C()de of the City of Roanoke (1979), as amended, and Sheet No. 436 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: If Those two tracts ofland located at the intersection of 1261 Riverland Road, S.E., and Garden City Boulevard, S.E., identified as Official Tax Map Numbers 4360104 and 4360103, and designated on Sheet No. 436 of the Sectional 197 6 Zone Map~ City of Roan oke, be, and are hereby rezoned from RM-1, Residential Multi-Family, Low-Density District, to C-2, General Commercial District, subject to the proffers contained in the Second Amended Petition filed in the Clerk's Office on November 13,2002, and that Sheet No. 436 of the " Zone Map be changed in this respect. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. Arz14 :1. fJMJ- . City lerk. 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I llil I-----..L+--.-~fll I 'J, L---L_L " . .-;~ The Roanoke Times - - - - - _..! - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -'- - - - + - - - - - - - - - - - - - - - - - - - - - - -- ,----- II NOTICE OF PUBLIC I : HEARING I II The Council of the City of Roanoke will hold a public Ilhearing on MondaY'l ISeptember 19, 2011, at I 117:00 'p.m., or as soon Ithereafter as the matter ! I:may be heard, in the iCouncil Chamber, fourth II,floor, in the Noel C. Taylor Municipal Building, 215 I iChurch Avenue, S.W., J~oanoke, Virginia, to I ~consider the following: Ii Request from Austin ;Rogers, on behalkof GBT I Realty Corporation, to I . '~~~'nd ~roffered condiiid~ ' e~NOI\' 1, 2, 5 and 7, and II b~[~P,jl, ',al Proffered. Condition, , ~ ,1'/,0; 6, as such proffers are I ! ~Ise;trforth in the. Second ( I\Jn;ended Petition to I ~RelP.ne filed.on November :i:p'\f002, and accepted.by I Hl.\g~~:,Council by the adoptIOn .'o,Jiordinance No. I A(j~6 .75-121602, ~s they I irpe ain to 1261 Rlverland t~R6f.d, S.E., an~ 0 Garden I .Cjt~B, oulevard, S:E., bearing !lI~fflcial Tax Nos. 4360103 I ~lanA.4360104; respectively, :sS'jJ,Eh -ame~dment of I ~~'P.rRfiers to Iitfiit,\he use of '~Q'!J'e' property,-.to an " . 'e"umeratedlisf'of uses .". "mitted Fnthe CG, I .mercial,'General I ct, incl4ding,certain I al commercial and " " establish,ments, , flees, servlce~ and I .~~$~,~lish,!,ents, eating and. "llj'ttertalnment' estab' I I "IW!iments, governmental, ! cbr'n'munity and educational! I faqilities, and broadcast( utility/wireless facilities; to I r~stricf the use of; I f$;!::~standing, signs and p I o.h i bit e I e c t r 0 n I c I I r~~'~erboards; to r.equire ' c fencing and lighting; I to remove proffers ting to the layout and I t.ct~~(gn of the subject "p.~<i.P.erties as a highway I lcenvenience store and fast fRGd restaurant, all of which I ,\iiliJ~S e t for t h i nth e I ')linendment of Proffered Coliditions Amended I Application No.2 dated. lAtl1,gust 2, 2011. The I to.nip re h e nslvepl ~ n designates the properties I for commercial use, and the :.J!roposed general usage of I tli.e .propertyis a 10,650 square foot discount retail I _ ~Ie~ e~~.b~hment.:..._ ~ _ , ~ The Roanoke Times Roanoke, Virginia Affidavit of Publication GBT REALTY CORPORATION SUITE 110 201 SUMMIT VIEW DR BRENTWOOD TN 37027 REFERENCE: 80178879 12777009 NPH-GBT Realty 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 ___tYL~ay of SEPTEMBER 2011. Witness my hand official seal. Notary Public \\\1111/111/ ,,\\' p... LA 'y "~" " ,0-{ .....,. .!J14A....... ...... ..,.;::-'.' 'i'.. v ...... ::: x';:' ..', O''''?' ". -:. .-:; ct: \-4 e\.\C '. ~ ~ :: ct.J : ?\.J 09'30 '. _ -' :1f709 .:: = : ?E.G. ~~\SS\O\'\ ::::: = :i:t... ~'\J'40 \J: J:~= :. '. 'IS', .:C!:J:: ~ CQ .... 0 ....~....:: ......... ;~~ .......... ~ ...... ......, ONWEAI\'0 \)"" I, ~ 1- \\ 111/111111\\ PUBLISHED ON: 09/02 09/09 TOTAL COST: FILED ON: 642.72 09/09/11 - --/1coPY ot'Uleapplication I, is.lIY~i1able for review in the Qttice of the City Clerk, : 11100'," 456, Noel .C. T~ylor Municipal Building, 215 Church Avenue, S.W., Rpanoke, Virginia. 1111 parties in interest and citizens may appear on the above date and be heard on the maiter. If. you are a lopefson with a disability who \ mMds accommodations for t<lhls1hearing, please ~ontact 'TltlfE!;City Clerk's Office, at b 863.2541, before noon on Bllte Thursday befor~ the a'date of the hearing listed 'oabove. . O.:GIVEN under my hand thiS :o3Oth'day of August, 2011. ~mrStephanie M. Moon, MMC to'8<1- . City Clerk. t)!I:)B 91(12777009) _ 41l--S.1~_,__ _ _~_ ~ --------------------------------------------------+------------------------ ~~~~~~~~:~--~---~----------, Billing Services Representative i~ NOTICE OF PUBLIC HEARING The Council ofthe City of Roanoke will hold a public hearing on Monday, September 19, 2011, at 7:00 p.rn., or as soon thereafter as the matter may be heard, in the Council Chamber, fourth floor, in the I Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider the following: Request from Austin Rogers, on behalf of GBT Realty Corporation, to amend Proffered Condition Nos. 1,2, 5 and 7, and repeal Proffered Condition No.6, as such proffers are set forth in the Second Amended Petition to Rezone filed on November 13, 2002, and accepted by City Council by the adoption of Ordinance No. 36175-121602, as they pertain to 1261 Riverland Road, S.E., and 0 Garden City Boulevard, S.E., bearing Official Tax Nos. 4360103 and 4360104, respectively, such amendment ofproffers to limit the use ofthe property to an enumerated list of uses permitted in the CG, Commercial General District, including certain general commercial and retail establishments, offices, service establishments, eating and entertainment establishments, governmental, community and educational facilities, and broadcast/utility/wireless facilities; to restrict the use of freestanding signs and prohibit electronic readerboards; to require certain fencing and lighting; and to remove proffers relating to the layout and design of the subject properties as a highway convenience store and fast food restaurant, all of which is set forth in the Amendment of Proffered Conditions Amended Application No.2 dated August 2, 2011. The comprehensive plan designates the properties for commercial use, and the proposed general usage of the property is a 10,650 square foot discount retail sales establishment. 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. rfyou 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 30tl\layof August , 2011. Stephanie M. Moon, MMC City Clerk. GBT Realty-amend proffers. I ,2,5, 7..doc Notice to Publisher: Publish in the Roanoke Times on Friday, September 2 and Friday, September 9,2011. Send affidavit to: Stephanie M. Moon, MMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 Send Bill to: Austin Rogers GBT Realty Corporation 201 Summit View Drive, Suite 110 Brentwood, Tennessee 37027 (615) 370-0670 aroqers@qbtrealtV.com NPH-GBT Realty-amend proffers. I, 2, 5, 7..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, MMC City Clerk JONATHAN E. CRAFT Deputy City Clerk September 9,2011 CECELlA T. WEBB Assistant Deputy City Clerk Austin Rogers GBT Realty Corporation 201 Summit View Drive, Suite 110 Brentwood, Tennessee 37027 Dear Mr. Rogers: 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, September 19,2011, 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 GBT Realty Corporation to amend certain proffered conditions and repeal a certain proffer as such are set forth in the Second Amended Petition to Rezone pursuant to Ordinance No. 36175-121602, as they pertain to 1261 Riverland Road, S. E., and 0 Garden City Boulevard,S. E., respectively. 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 September 19th public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, ~m.06)O?JyJ Stephanie M. Moon, MMC 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 JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, MMC City Clerk September 7,2011 CECELIA T. WEBB Assistant Deputy City Clerk To Adjoining Property Owners 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, September 19, 2011, 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 GBT Realty Corporation .to amend certain proffered conditions and repeal a certain proffer as such are set forth in the Second Amended Petition to Rezone pursuant to Ordinance No. 36175-121602, as they pertain to 1261 Riverland Road, S. E., and 0 Garden City Boulevard, S. E., respectively. 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, - rrn ~dYJolM.J Stephanie M. Moon, MMC L City Clerk SMM:ctw , . - j.r 1-1 ".4'"- - C-. . u... 'j '. ~.; ~: ~ AMENDMENT OF PROFFERS Austin Rogers for GBT Realty Corporation 1261 Riverland Road, S.W. and 0 Garden City Blvd, S.E. Tax Nos. 4360103 and 4360104 ) )AFFIDAVIT ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: ) CITY OF ROANOKE The affiant, Rebecca Cockram, 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 25th day of July, 2011, notices of a public hearing to be held on the 18th day of August, 2011, on the request captioned above to the owner or agent of the parcels as set out below: Tax No. Owner MailinQ Address 4360102 APPALACHIAN ELECTRIC COMPANY 40 FRANKLIN RD SW 4250101 ROANOKE VA 24011 4250102 4250103 KENNEDY ROBERT WAYNE & TRACY H 1270 RIVERLAND RD SE ROANOKE VA 24014 4360601 WESTERN VIRGINIA WATER AUTHORITY 601 JEFFERSON ST SW 200 STE ROANOKE VA 24011 4360105 JASON B MOGENSEN 2237 GARDEN CITY BLVD ROANOKE VA 24014 Also Notified: Helen Hancock, President 1016 Estates Road, SE Roanoke, VA 24014 Jennie McGregor 3116 Garden City Blvd., SE Roanoke, VA 24014 ..' ". ~, r'" ~~~~4 Rena Cromer 543 Day Avenue SW Roanoke, VA 24016 c": ,~ QJ ('rdui~ Rebecca Cockram SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 25t'/l1Y of 1U1Y, 2011. ~ R fJ1~$u Notary Public CANDACE R. MARTIN NOTARY PUBLIC Commonwealth of Virginia M . ~eg.#2B2076 Y CommIssIon Expires b/oneu .)Janns C~ # I lrO={J rE [R?JQ)~~ @[j((~ ~[UtJJ ~ ~~rE (CO={J~~lr~ ~ @[F ~. [Q)!E[L lr~ ~TI~lM]~ lrO={J!Elr~ ~@~@~TIn I{J~\ EMBODI Program addresses the full range of developmental needs of African- ;t~.. . ~ .. & American and other minority males ages 14 to 18 years of age, with an evolving fl" \\.. focus on education, physical health, social and emotional issues, sexuality, U" c . 1\ economics, and politics. The Program serves as a motivational tool for African ~' L\ American and other minority teenage males with the ultimate goal of increasing DOlto sel1~ ,ll:UOSOtOlil.... Itl~, their knowledge and awareness of issues affecting young men today. The goals of EMBODI are: o To expand the horizons of young African American males by cultivating a personal vision for their lives; o To develop a personalized tool kit that will provide each young man with an individualized approach toward enhanced self-understanding; o To provide each young man with the support and caring of a consistent adult male role model; o To stimulate an awareness of various college and career options to make rewarding life choices and decisions; and . o To create community-minded, caring, giving, and productive citizens by actively involving them in service learning and community service opportunities. SCHOOLS SUPPORTED BY THE ROANOKE ALUMNAE CHAPTER OF DELTA SIGMA THETA SORORITY, Inc. , Woodrow Wilson Jean Dixon, Coordinator, In-School Liaison Michelle Jones Gloria Manns Tanisha Nash James Madison Middle School Stacie Wright, Coordinator, In-School Liaison Patricia White Boyd Jade Pughsley Ms. Gloria P. Manns, President Roanoke Alumnae Chapter of Delta Sigma Theta Sorority, Inc. 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, MMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk September 22,2011 Christopher P. Morrill City Manager Roanoke, Virginia William M. Hackworth City Attorney Roanoke, Virginia Dear Messrs Morrill and Hackworth: I am attaching copy of comments from Aaron Stevenson regarding a recent incident involving EventZone staff, which was shared with the Council at its regular meeting, held on Monday, September 19, 2011. The matter was referred to you for review and response to Mr. Stevenson and the Council. Sincerely, ~~-~~ Stephanie M. Moon, MMC City Clerk Attachment 0rJAr+.. ~V~~ . ~~~ " Mr. Mayor, Honorable City Council Members: My name is Aaron Stevenson. I am a resident of Roanoke living at 1527 Chapman Avenue. I want to tell you about my experience at Festival in the Park, operated by EventZone in Elmwood Park over Memorial Day weekend. On Sunday, May 29t\ I took my wife and daughters to the festival. For my protection and my family's protection, I was carrying an openly-displayed handgun, properly secured in its holster. Shortly after I arrived, I was confronted by Mr. Travis Sorrells, the President of Festival in the Park, who told me that it was against the festival rules for me to have my pistol there. When I protested that I was in a public park, Mr. Sorrells claimed that EventZone had rented the park, as well as the surrounding sidewalks and adjoining street. He also claimed that the festival was an entirely private affair that had nothing to do with the City of Roanoke. It turns out that these claims are untrue. I requested copies of the City's records pertaining to the festival, and there is nothing in anything I received that reflects a rental of the streets or sidewalks. Furthermore, I found that EventZone executed a contract with the City and was paid $148,932 to operate this festival and other festivals throughout the year. If EventZone is obligated to run the festival pursuant to a six-figure contract with the City, I don't see how Mr. Sorrells can claim that the City has nothing to do with it. However, I didn't know about any of this on the 29th of May, so I had no reason to doubt Mr. Sorrell's claim of authority to set rules for the park. I had reviewed the Festival's web page, www.roanokefestival.org, which lists very few rules. It did not and still does not say anything about firearms. Nevertheless, in light of Mr. Sorrells apparent authority, I returned to my vehicle, stored my pistol, put my jacket back on, and rejoined my family. I was subsequently accosted by EventZone's security agents, who started to make wild accusations against me. One man, who did not give his name, accused me of breaking laws that prohibit the possession of firearms within a thousand feet of a courthouse or public library. Another man, Mr. Jeff Taylor, would later accuse me of breaking a law that proscribes possession within a thousand feet ofthe Social Security building. There's a fundamental problem with their accusations: the laws they cite do not actually exist. When I told them as much, the man whose name I didn't get began to demand that I submit to a search to prove that I had complied with their earlier request, telling me that he'd call the police and have them perform the search if I didn't do so voluntarily. I have very little tolerance for people who enforce nonexistent laws, and even less for those who try to bully me into giving up my personal liberty. I refused. The police were called, and I was handcuffed and thoroughly searched in front of my wife and daughters. Sergeant John Stephens determined that I had not committed any crime, and told me that because this was the City's festival, I could not be prevented from openly carrying my handgun. That came as a great surprise, given Mr. Sorrell's earlier claims. There are several things wrong here. First, by prohibiting the possession of firearms at its festivals through the actions of its agent, EventZone, the City is illegally regulating firearms in violation of Virginia Code S 15.2-915. I demand that the City immediately rescind its unlawful regulation, and direct its agents to do the same. .. b Second, EventZone is claiming that a festival funded by public money, held on public property, and open to the public, is a private event. They are reaping the benefits of taxpayer funding, and then using their authority to deny access to members of the public who have done nothing wrong - even on sidewalks that they haven't rented. They need to be reminded that the City belongs to the people, and not to EventZone. Third, EventZone's security is incompetent. Agents who make up their own laws have no business in the security field. Mr. Taylor in particular ought to know better, given that he is apparently an NRA instructor who is paid to teach firearms law. I intend to follow up with DCJS, and so I want you to give me the names ofthe security agents involved and that of their agency. Although the . contract with EventZone requires them to file a written security plan that includes this information, it appears that they failed to do so - when I specifically requested a copy of that document, the City was unable to provide it. As a result, I have no idea whether these agents are even licensed to provide private security, or whether they were doing so illegally. Finally, the City needs to reconsider its relationship with EventZone. Mr. Sorrells claims that the City had nothing to do with Festival in the Park. In were a member of this council, I would be moving to make that happen by terminating the City's contract with EventZone and cutting off their funding. I trust that you will take appropriate action. Thank youfor your time. ~< CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUll..DING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 WILLIAM M. HACKWORTH CITY ATfORNEY TELEPHONE: 540-853-2431 FAX: 540-853-1221 EMAIL: cilyaUy@roanokeva,gov TIMOTHY R. SPENCER STEVEN J. TALEVI GARY E. TEGENKAMP DAVID L. COLLINS HEATHERP. FERGUSON ASSISTANTCITY ATTORNEYS September 21, 2011 Mr. Aaron Stevenson 1527 Chapman Avenue Roanoke, Virginia 24016 Dear Mr. Stevenson: This is to follow up on the remarks that you made at the City Council meeting on September 19, 2011 (a copy of your remarks is attached). The City Manager and I have reviewed your remarks and the Police Department's Incident Report of May 29,2011, relating to the incident of which you complain, and we believe that the police officers who responded acted entirely appropriately. The City does not have any ordinances relating to the carrying of firearms. If you have issues with the manner in which you were approached by EventZone staff or its representatives, we would respectfully request that you direct them to that organization. I would note that I and a member of my staff, as well as a representative of City management, met with the executive director of EventZone and its legal counsel in July of this year to review some of the various complex legal issues relating to the First and Second Amendments pertaining to public areas and public assemblies, and I believe that EventZone is now better versed in them as a result. Sincerely, tJ'K 'h. ~ William M. Hackworth City Attorney () WMH/lsc c: Mayor and Members of City Council Christopher Morrill, City Manager Chris Perkins, Chief of Police Lawrence Landolt, Executive Director, EventZone Mayor: Our last speaker this evening lS Aaron Stevenson. Mr. Stevenson is a resident of the City of Roanoke and wants to speak regarding EventZone and ' festival in the park. Mr. Stevenson thank you for being very patient with us, we are pleased to have you at City council. Mr. Aaron Stevenson: Thank you Mr. Mayor and Honorable City council Members. My name is Aaron Stevenson. I am a resident of Roanoke, living at 1527 chapman Avenue here. I want to tell you about my experience at Festival in the Park which was operated by EventZone on the City's behalf in Elmwood Park over Memorial Day weekend. On sunday the 29th of May I took my wife and daughters to the festival for my protection and family's protection I was carrying an openly displayed hand gun properly secured in its holster. shortly after I arrived I was confronted by Mr. Travis sorrels, President of Festival in the park who told me that it was against the festival rules for me to have my pistol. when I protested that I was in a public park, Mr. sorrels claimed EventZone had rented the park, the surrounding sidewalks and adjoining streets. He also claimed that the festival was an entirely private affair that had nothing to do with the city of Roanoke. well it turns out these claims were untrue. I requested copies of the City's records pertaining to the festival and there's nothing in anything that I received that reflects a rental of the streets or sidewalks. I know also found that EventZone executed a contract with the City and was paid $148,932 to operate this festival and other festivals throughout the year. If EventZone is obligated to run the festival pursuant to a six figure contract with the City, I don't see how Mr. sorrells can claim the City has nothing to do with it but I didn't know about any of this on the 29th of May so I had no reason to doubt Mr. sorrell's claim of authority to set the rules for the park. I had reviewed the festival's web page, roanokefestival.org, which lists some rules for the park. It did not and still does not say anything about firearms but in light of Mr. sorrel's apparent authority I returned to my vehicle and stored my pistol and put my jacket back on and rejoined my family. I was subsequently accosted by security agents who started to make accusations against I me. One man who did not give his name accused me of breaking laws that prohibit the possession of firearms within 1,000 feet of a courthouse or public library. Another man, Mr. Jeff Taylor would later accuse me of breaking a law that prescribes possession within 1,000 feet of the nearby social security Building. There is a fundamental problem with their accusations in that the laws they cite do not actually exist. when I told them as much the man whose name I didn't get began to demand I submit to a search to prove I had complied with the earlier request. He said he would call the police and have them search me if I didn't submit voluntarily. Now I have very little tolerance for people who enforce nonexistent laws and even less for those who try to bully me into giving up my personal liberty and for those reasons I refused. The police were called. I was handcuffed and thoroughly searched in front of my wife and daughters. sergeant John Stevens determined that I had not committed any crime and told me that because this was the City's festival I could not be prevented from openly carrying my hand gun. That was a great surprise given Mr. Sorrell's earlier claims. Now there are several problems here. First by prohibiting the possession of firearms at its festival through the actions of its agent, EventZone, the city is illegally regulating firearms in violation of virginia code 15.2-915. I insist that the city immediately resend its unlawful regulation and direct its agents do the same. second, EventZone is claiming that a festival funded by public money held on public property and open to the public is a private event. They're reaping the benefits of taxpayer funding and then using their authority to deny access to members of the public who have done nothing wrong. Even on sidewalks that they apparently haven't actually rented. They need to be reminded that the city belongs to the people not to them. Third, EventZone security is frankly incompetent. Agents who make up their own laws have no business being. in the security field. Mr. Taylor in particular Qught to know better given he is apparently an NRA firearms instructor paid to teach fire arms law. NOW, I intend to follow up with DCJS about those folks but I need you to give me the names of the security agents involved and that of their agency. The city's contract with EventZone requires them to file a written ~ security plan that includes this information but it would appear that they failed to do so when I requested a copy of that document the City was unable to provide it. As a result I have no idea whether these agents are even licensed to provide private security or whether they were doing so illegally. And finally the City needs to reconsider its relationship with EventZone. Mr. sorrell's claims the City had nothing to do with Festival in the Park. If I were a member of this council, I would be moving to make that happen by terminating the City's contract with EventZone and cutting off their funding. I trust you will take appropriate action. I thank you for your time. Mayor: okay Mr. Stevenson. Elder Lea: I have one question. Mayor: Elder Lea. Elder Lea: You mentioned you were handcuffed? Mr. Aaron Stevenson: Yes, sir. Elder Lea: And subsequently released to"be searched? Mr. Aaron Stevenson: That's correct. Elder Lea: and then you were released after being handcuffed? Mr. Aaron Stevenson: I was released without charge. Elder Lea: O.K. Thank you. Mr. Aaron Stevenson: Thank you. Mayor: I thank you Elder Lea. Any other comments or discussion from anyone? Without objection Mr. Stevenson, we will refer your comments to the City Attorney and to the city Manager for review and response back to you and the City council. ..,..... , Miscellaneous - 9/29/11 ~. ROANOKE. POLICE OFFICE OF THE CHIEF OF POLICE Roanoke Police Department 348 Campbell Avenue, SW Roanoke, Virginia 24016 www.roanokegov.comjpolice PH: 540.853.2203 FAX: 540.85 3 .6043 MAYOR AND MEMBERS OF CITY COUNCIL For Your Information Only Chris Morrill,lCity Manager MEMORANDUM DATE: September 27, 2011 TO: Brian Townsend, Assistant City Manager FROM: Chris Perkins, Chief of Police SUBJECT: Aaron Stevenson Aaron Stevenson appeared before City Council on September 19, 2011, in reference to an incident which occurred on May 29,2011. On that date Roanoke Police Sergeant John Stephens, Officer Shwan Agha, and Officer Daniel Moore were dispatched to Elmwood Park (Festival in the Park Activities) in reference to a person carrying a concealed weapon per event security, Stu Israel and Travis Sorrells. Upon arrival, Sergeant Stephens was advised that the person, later identified as Aaron Stevenson, had been asked by security to remove a handgun he wore to the event which was open to observation on his hip. Mr. Stevenson left the event. Security observed Mr. Stevenson return to the event wearing a black jacket covering a large bulge on his hip, which they believed to be the handgun concealed under the jacket. The temperature that day was 80 degrees, and event security called Roanoke Police out of concern. Sergeant Stephens engaged Mr. Stevenson and attempted to ascertain whether he possessed a weapon under his jacket and if he did, whether he had a concealed weapon permit. Mr. Stevenson advised that he "would rather not answer the question," appeared nervous and moved his arm over the area of the jacket with the obvious bulge. Mr. Stevenson's actions and response led Sergeant Stephens to believe it was fairly probable, at a minimum reasonably suspicious, that Mr. Stevenson indeed had a concealed weapon, especially when coupled with the event security observations. In fact, his refusal to provide a concealed weapon permit when asked by law enforcement is a crime under ~ 18.2-308 - Personal protection; carrying concealed weapons; when lawful to carry, Section H, Code of Virginia 1950 as Amended. Therefore, following standard procedure in such cases for his safety and others present, Sergeant Stephens handcuffed -"r. Subject: Aaron Stevenson September 27, 2011 Page 2 Mr. Stevenson, and conducted a frisk, in accordance with training and current case law, to confirm or dispel if Mr. Stevenson was indeed carrying a concealed weapon. The police incident report clearly indicates that based on the circumstances, the Sergeant was within his authority to determine if a crime was being committed in accordance with the aforementioned code section because he reasonably believed Stevenson was carrying a weapon. Sergeant Stephens explained his actions completely and thoroughly to Mr. Stevenson with several witnesses present. The Sergeant determined that Mr. Stevenson was carrying a concealed audio recorder, two loaded magazines, and an empty holster. Sergeant Stephens immediately released Mr. Stevenson, and explained that he had a right to open carry his weapon in the park, but that he was required to present his concealed weapon permit when asked by law enforcement once it appeared he had concealed it or demonstrate that he did not have a weapon. There is an abundance of case law on the topic in full support of the Sergeant's actions, some of which are attached. CCP:xs Attachments: Various Case Law ATTACHMENT: ,.~. Subject: Aaron Stevenson September 27,2011 Page 3 . "When a police officer observes unusual conduct which leads him reasonably to conclude in light of his experience that criminal activity may be afoot and that the persons with whom he is dealing may be armed and presently dangerous, where in the course of investigating this behavior he identifies himself as a policeman and makes reasonable inquiries, and where nothing in the initial stages of the encounter serves to dispel his reasonable fear for his own.or others' safety, he is entitled for the protection of himself and others in the area to conduct a carefully limited search of the outer clothing of such persons in an attempt to discover weapons which might be used to assault him. Such a search is a reasonable search under the Fourth Amendment, and any weapons seized may properly be introduced in evidence against the person from whom they were taken" (Terry v. Ohio, 392 U.S. 1 (1968) . Frisks (pat-downs) may be conducted based on the nature of certain offenses the individual is suspected of committing. Burglary, narcotics possession and distribution, and weapons are crimes, which the courts have ruled are committed by individuals who may be armed and dangerous. Individuals lawfully stopped for investigation of these offenses may be frisked based solely on the nature of the offense (Nelson v. Commonwealth, 24 Va. App. 823, 485 S.E.2d 672 (1997); Williams v. Commonwealth, 4 Va. App. 53, 354 S.E.2d 79 (1987); Logan v. Commonwealth, 29 Va. App. 353, 512 S.E.2d 160 (1999); United States v. Rooks, F.3d 084725 (4th Gir. 2010) . A stop is a brief detention to permit an officer an opportunitY to confirm or dispel a reasonable suspicion that an individ!Jal is engaging, or has recently engaged, in criminal activity. The suspicion must be based on specific facts which the officer will have to articulate at trial (Minnesota v. Dickerson, 113 U.S. 2130 (1993); Zimmerman v. Commonwealth, 234 Va. 609, 363 S.E.2d 708 (1988); Dixon v. Commonwealth, 11 Va. App. 554, 399 S.E.2d 831 (1991). An individual may be briefly detained for questioning when there is reasonable suspicion to believe that the individual is involved in criminal activity (Brown v. Texas, 443 U.S. 47 (1979) quoted in Leeth v. Commonwealth, 223 Va. 335, 288 S.E.2d 475 (1982). . In order for an investigatory stop to be valid, officers must be able to point to specific facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion. Reasonable suspicion is more than a "mere hunch" but less than "proof of wrongdoing by a preponderance of the evidence." There are no bright .....-.. Subject: Aaron Stevenson September 27, 2011 Page 4 line rules to follow when determining whether reasonable suspicion exists to justify an investigative stop. Instead, the courts will examine the totality of the circumstances -- the whole picture (United States v. Sokolow, 490 U.S. 1, (1989); Baldwin v. Commonwealth, 243 Va. 191, 413 S.E.2d 645 (1992); Hoye v. Commonwealth, 18 Va. App. 132,442 S.E.2d 404 (1994). · An officer may detain an individual for a reasonable amount of time in order to identify him, to question him briefly, or to obtain additional information (DePriest v. Commonwealth, 4 Va. App. 577, 359 S.E.2d 540 (1987), cert. denied, 488 U.S. 985 (1988). The investigation must be ongoing and of relatively short duration, unless probable cause to arrest develops (United States v. Tate, 648 F2d 939 (4th Cir. 1981); Wells v. Commonwealth, 6 Va. App. 541 S.E.2d 371 S.E.2d 19 (1988). The length of the investigative stop must be restricted to confirming or dispelling reasonable suspicion of criminal activity (DePriest v. Commonwealth, supra). · Reasonable force is appropriate during investigative detentions. This can include handcuffing for officer safety or a beljefthat the suspect may attempt to flee. "Brief restrictions of a suspect's liberty, including handcuffing, does not convert a stop into an arrest so long as the methods of restraint used are reasonable under the circumstances" (United States v. Crittendon, 883 F.2d 326 (4th Cir. 1989); Thomas v. Commonwealth, supra; Johnson v. Commonwealth, 20 Va. App. 49, 455 S.E.2d 261 (1995). · Officers conducting investigative detentions have the authority to require identification. This includes following up on suspicions that the identification has been altered or that the person's answers are suspicious (United States v. Hensley, 469 U.S. 221 (1985); Jones v. Commonwealth, 230 Va. 14, 334 S.E.2d 536 (1985); Ford v. Commonwealth, supra). COMMITTEE VACANCIES /REAPPOINTMENTS September 19, 2011 VACANCIES: Three -year term of office on the Roanoke Valley - Alleghany Regional Comprehensive Economic Development Strategy Committee ending March 31, 2014. Five -year term of office ending September 30, 2016; and unexpired term of office of Peter Clapsaddle ending September 30, 2013, as members of the Local Board of Building Code Appeals. Three three -year terms of office as members of the Board of Zoning Appeals, commencing January 1, 2012 and ending December 31, 2014. Unexpired term of office of Taliaferro Logan as a member of the Roanoke Arts Commission ending June 30, 2014. Two three -year terms of office ending November 30, 2014; and an unexpired term of office of James Ritchie ending November 30, 2012 as members of the Human Services Advisory Board. Four -year term of office of as a City representative of the Roanoke Valley Resource Authority commencing January 1, 2012 and ending December 31, 2015. Unexpired term of office of Richard Walters as a member of the Mill Mountain Advisory Committee ending June 30, 2013. Two three -year terms of office of a citizen at large and towing enforcement as members of the Towing Advisory Board ending October 31, 2014. ROANOKE CITY COUNCIL RECESSED SESSION SEPTEMBER 26, 2011 8:30 A.M. GAINSBORO BRANCH LIBRARY COMMUNITY ROOM 15 PATTON AVENUE, N. W. AGENDA 1. Call to Order 2. Welcome and Comments — Mayor David A. Bowers (8:30 -8:50) 3. Work Session Purpose and Introduction of Facilitator (8:50 -9:00) 3. Accomplishments through Budgeting for Outcomes (9:00 -9:15) 4. Council's Perception of the Budget for Outcomes (BFO) Process and Input on Changes Desired (9:15 -9:45) 5. Affirmation of Priorities, Priority Statements (9:45 - 10:15) Break (10:15 - 10:30) 6. Strategic Issues for FY2013 (10:30- 12:00) Lunch (12:00- 12:30) 7. Citizen Engagement (12:30 -1:00) 8. Summary of the Day and Wrap -Up (1:00 -1:30) 9. Items from Mayor and Members of Council 10. Adjournment. City Council Strategic Planning Retreat Monday, September 26, 2011 Gainsboro Library Agenda • Budgeting for Outcomes (BFO) Accomplishments • Council Perception and Input • Priority Affirmation • FY 2013 Strategic Issues • Citizen Engagement • Wrap -Up 2 Budgeting for Outcomes Accomplishments • Focus on 7 priority areas and specific outcomes • Transparency • Participation and collaboration • Enhanced coordination of budget processes (e.g. General Fund, Arts Commission, Human Services Committee, HUD, Technology and Fleet funding) • Tailored budget system software 3 Council Perception of the BFO Process and Input on Changes Desired • How well did the BFO process improve allocation of resources to achieve the results you want for Roanoke? — What worked well? — What are the opportunities for improvement? • What do we need to do differently this year? • What do you need and from whom? U Assure community safety needs are met and promote a safe and desirable region. Enhance Roanoke's exceptional vitality as an attractive, diverse, culturally inclusive, vibrant and active city in which to live, work and play. Maintain and build quality infrastructure that supports healthy residential neighborhoods, successful commercial areas, and accessible public facilities and amenities. City of Roanoke Livability Priorities Safetv �=Econom k. Infrastructure ,%IV Human Services Cultivate a thriving business environment and innovative workforce opportunities to ensure the prosperity of our community. Education Good Government Foster a caring community that utilizes a regional and collaborative approach which encourages self - sufficiency while providing a social safety net to citizens when they are most vulnerable. Foster an environment for lifelong learning which encompasses cradle to career and beyond through shared services and community involvement. Provide effective government which maximizes resources to ensure an open, responsive, and innovative service to the community. Economy Cultivate a thriving business environment and innovative workforce opportunities to ensure the prosperity of our community. -Job Growth -Job Opportunity Awareness -Retain & Attract People -Higher Wage Jobs -Responsive Government Processes -Regional Partnering -Premiere Business Environment -increased Attractions & Tourism Human Capifol Investr -Strategic %IW *University Asset Un )pment E X, . Business Asset Developmen�Promotion Indicators: -Tax Base -Net Job Growth -Average Wage -Commercial & Industrial Real Estate Market -Market & Brand Awareness -Information Accessibility -Brand Awareness & Effective Marketing -Trusted Leadership -Confident & Consistent Direction C Education Foster an environment for lifelong learning which encompasses cradle to career and beyond through shared services and community involvement. "Children ready for schooling/formal l e a rn i n g -Families & community value & support learning Earlv IM-Successful students SUPPOrt Of •Families & community 2 Educational value & support learning Learning Programs Indicators: -Phonological Awareness Literacy Screenings (PALS) scores ,Schools meet State & federal standards (Accreditation & AYP) -Graduation rates -Adult learning opportunities -Productive & educated citizenry •A skilled workforce -Lifelong learning opportunities -Families & community value & support learning Good Government Provide effective government which maximizes resources to ensure open, responsive, and innovative service to the community. High 111M 7 Efficient & Fffactive 9tlons -Broad Vision -Approachable & Accessible -Inspiring -Results Oriented Effective Responsible eadership Financial management Indicators: -Customer Satisfaction Survey Results -professional Recognitions /Awards -Employee Retention /Recruitment -Financial Performance ,Use of Online Services -Local /Regional Collaboration -External/internal Audit Reports -Effectively Managed Resources -Compliance -Streamlined Processes -Accessible -Best Practices -Accurate Accounting -Transparency -Efficient Fiscal Operations -Effective Fiscal Planning & Budgeting ri Human Services Foster a caring community that utilizes a regional and collaborative approach which encourages self- sufficiency while providing a social safety net to citizens when they are most vulnerable. -Promote Healthy and Safe Neighborhoods -Promote Positive Youth Development -Prevent Poverty -Promote Self - Sufficiency -Public Awareness and Education -Service Delivery AIM Prever' ^^ -Early Identification -Family Involvement/ Holistic Approach •Integrate Citizens into Society •Dei nstitutional ization Accessibility Caring to Services Community Empowerment AN& ,�� •Involvement •Foster positive adult Indicators: -Citizen survey results -Socio-economic and quality of life trends -Meeting regulatory and legal obligations -Sufficient capacity to reduce demand relationships Infrastructure Maintain and build quality infrastructure that supports healthy residential neighborhoods, successful commercial areas, and accessible public facilities and amenities. -Functional — Planning /Design -Safe and Well Maintained •Multimodal -Regionalism -Safe and Well Maintained -Attractive Streetscape -Plan Implementation -Adequate Storm Water Systems -Collaboration & Communication *W Transportatinn Environment . Neighborhood Improvements, Buildings and Equipmen Indicators: -Meeting Regulations /Legal Mandates -Citizen Survey Results -Environmental Trends -Proactively evaluate and maintain infrastructure -Clean Air, Land and Water •Sustainability -Stewardship -Conservation -Regionalism -Accessibility (Proximity / Maintenance) -Functional (Useable / Reliable / Accessible) -Enduring (High Quality) •Sustainability 10 Livability Enhance Roanoke's exceptional vitality as an attractive, diverse, culturally inclusive, vibrant and active city in which to live, work and play. -Community involvement -Active neighborhoods 'Public-private partnerships -Personal enrichment -Effective communication thru diverse media -Diverse offering of cultural events and exhibits -Recreational opportunities -Vibrant neighborhoods and healthy business districts -Maintain natural environment and unique assets Quality Accessibility Amenities *as Indicators: -Community and Neighborhood Desirability -Community Engagement -Community Satisfaction -Participation in Community Activities, Events and Exhibits -Safe, clean and attractively maintained community -Home ownership -Zoning, land use and codes compliance -Compatible design and well- maintained structures -Safe, accessible, bicycle and pedestrian friendly -Public transportation -Regional connectivity -Convenience of public services 11 Safety Assure community safety needs are met and promote a safe and desirable region. -Strategic planning -Social safety programs in neighborhoods & commercial areas -Hazard mitigation through design, technology, and infrastructure -Compliance with national regulations & standards -Implementation of environmentally sustainable practices -Community involvement in strategic planning sm RacnnncivanPRS Quality Standards Communication -Accreditation ,Insurance Services Office (ISO) rating ,Performance standards -Reasonable response times -Offender accountability -Proactive risk assessment & resolution -Effective emergency warning system -Knowledgeable staff -Community awareness, education, interaction -Customer surveys -Crime rates 12 -Value of property lost from crime, fire, and other -Regional collaboration FY 2012 Priority Allocations Livability $16,593,529 7°% Good Government $15,222,581 6% Infrastructure $24,873,456 11% Economy Human Services $3,331,034 $40,727,146 1% 17°% Education $78,172,291 33% Safety $60,803,008 25% 13 FY 2013 Strategic Issues • Employee Compensation • Operating Capital — Fleet Replacement, Technology, Capital Building Maintenance, Paving • Transit Operation • Capital Improvement Program 14 Employee Compensation • Pay Raise History: — FY 2012: 0% — FY 2011: 0% — FY 2010: 0% — FY 2009: 2% — FY 2008: 4% • Stipend: — FY 2011: $1000 / employee paid in June 2011 • 198 positions eliminated since FY 2007 • Average pay is 6% behind the local market • Cost of 1 % pay increase= $800,000 15 Operating Capital 'Additional paving expense of $649k in capital project paving accounts 16 Target FY 2012 FY 2011 FY 2010 FY 2009 Adopted Actual Actual Actual Budget Expense Expense Expense Vehicle $3,000,000 $1,813,250 $818,042 $932,029 $977,069 Replacement Technology 1,500,000 550,000 723,800 561,600 949,800 Capital 1,000,000 797,477 662,822 480,368 616,153 Building Maintenance Paving 5,930,000 2,876,728 2,251,668' 3,238,178 3,669,409 'Additional paving expense of $649k in capital project paving accounts 16 Transit Operations • GRTC Operating Subsidy: - FY 2012: $1,654,105 - FY 2011: $1,176,105 - FY 2010: $1,176,105 - FY 2009: $1,424,509 - FY 2008: $1,370,500 • Uncertain federal and state funding • Increased pressure on city operating budget • Impact on level of service provided 17 Capital Improvement Program ■ Maintain Current Capital Assets ■ Infrastructure Investment for Livability and Economic Development ■ Bridge Renovation /Replacement • Streetscape Projects • Stormwater System Enhancements • Civic Center • School Maintenance ■ Targeted Livability Investments ■ Parks and Recreation ■ Libraries Investments made within parameters of debt limitations 18 Capital Improvement Program FY 2012 -2016 Pr ct.' '2012 '2011'i 42<It4 201tk 1fl .. otalk: Roanoke City Public Schools 1,900,000 2,000,000 5,000,000 5,000,000 5,000,000 18,900,000 P &R Master Plan 1,250,000 1,500,000 1,500,000 1,500,000 5,750,000 P &R Master Plan - Countrysic 1,500,000 _ 4,110,000 Digital Radio 2,000,000 1,030,000 2,110,000' 1,100,000 - - _ 2,800,0o0, 2,600,000 7,530,000 Bridge Renovation 1,120,000 1,120,000 1,120,000 1,120,000 1,120,000 5,600,000 Storm Drains - 2,750,000 - 800,000 10,445,000 13,995,000 Library Master Plan - - 400,000 500,000 - - 900,000 Street Scapes Elmwood Park Improvements - 1,900,000 2,800,000 - - 4,700,000 Civic Center 750,000 1,000,000 1,500,000 1,500,000 1,500,000 6,250,000 Total 8,300,000 10,880,000 15,170,000 12,720,000 22,165,000 67,735,000 we: FY 2012 Capital Projects (Cash & Debt Funded ) Project Adopted Digital Radio Conversion $2,000,000 Schools 1,900,000 Parks and Recreation Master Plan — Countryside 1,500,000 Stormwater Improvements 1,120,000 Stormwater Management/NPDES 49,820 Bridge Renovation 1,030,000 Civic Center Capital Maintenance 750,000 Bridge Maintenance 500,000 Elmwood Improvements /Performance Area A &E '300,000 VDOT Matching Funds 251,800 Greenways Matching Funds 200,000 Center in the Square '300,000 YMCA 200,000 Science Museum '100,000 Harrison Museum `100,000 TOTALS $10,301,620 'Funded through Excess Debt funding 20 Approach to Strategic Issues • With revenue uncertainty, we may need to reduce or eliminate some existing services. Where should our efforts be focused? 21 Citizen Engagement • Public Hearings — legally required • Prior Formats — Public Meetings - Informational and receive comments — City Hall Without Walls 22 Citizen Engagement • Citizen Survey • Citizen Budget Advisory Committee — Comprised of a maximum of 10 citizens from Leadership College, neighborhood organizations — January -May commitment; 2 -3 sessions per month — Budget orientation and support provided to participants by city staff — Committee Responsibilities: • Review of FY 2013 operating budget recommendations • Review of capital plan recommendations • Review of tax rate and fee recommendations • Present budget balancing recommendations to City Administration 23 Wrap -Up • Accomplishments for the day • Future briefings 24