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Council Actions 11-19-12
Price 39540-111912 S ROANOKE CITY COUNCIL REGULAR SESSION NOVEMBER 19, 2012 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order--Roll Call. All Present The Invocation was delivered by Mayor David A. Bowers. A Moment of Silence was held in memory of former Vice-Mayor and Council Member James G. Harvey, II, who passed away on Tuesday, November 6 and former Council Member Lucian Y. Grove, who passed away on Saturday, November 10. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Welcome. Mayor Bowers. NOTICE: Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, November 22 at 7:00 p.m., and Saturday, November 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. 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, CLICK ON THE GOVERNMENT ICON. NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. SPECIAL ASSISTANCE IS AVAILABLE FOR DISABLED PERSONS ADDRESSING CITY COUNCIL. EFFORTS WILL BE MADE TO PROVIDE ADAPTATIONS OR ACCOMMODATIONS BASED ON INDIVIDUAL NEEDS OF QUALIFIED INDIVIDUALS WITH DISABILITIES,PROVIDED THAT REASONABLE ADVANCE NOTIFICATION HAS BEEN RECEIVED BY THE CITY CLERK'S OFFICE. PERSONS WISHING TO ADDRESS COUNCIL WILL BE REQUIRED TO CONTACT THE CITY CLERK'S OFFICE PRIOR TO THE MONDAY COUNCIL MEETING, OR REGISTER WITH THE STAFF ASSISTANT AT THE ENTRANCE TO THE COUNCIL CHAMBER PRIOR TO COMMENCEMENT OF THE COUNCIL MEETING. ONCE THE COUNCIL MEETING HAS CONVENED, THERE WILL BE NO FURTHER REGISTRATION OF SPEAKERS, EXCEPT FOR PUBLIC HEARING MATTERS. ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH; HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLOTTED THREE MINUTES. ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITTEE MAY CONTACT THE CITY CLERK'S OFFICE AT 853-2541, OR ACCESS THE CITY'S HOMEPAGE TO OBTAIN AN APPLICATION. THE COUNCIL OF THE CITY OF ROANOKE IS SEEKING APPLICATIONS FOR THE FOLLOWING CURRENT OR UPCOMING EXPIRATIONS OF TERMS OF OFFICE: BOARD OF ZONING APPEALS - ONE THREE-YEAR TERM OF OFFICE CITY PLANNING COMMISSION - FOUR FOUR-YEAR TERMS OF OFFICE ROANOKE VALLEY-ALLEGHANY REGIONAL COMMISSION - ONE THREE-YEAR TERM OF OFFICE (CITIZEN AT LARGE REPRESENTATIVE) 2 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE. 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD.ALL MATTERS WILL BE REFERRED TO THE CITY MANAGER FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL, AS HE MAY DEEM APPROPRIATE. Margaret Reany, Mike Haynie and Chris Craft appeared before the Council. 4. CONSENT AGENDA (APPROVED 7-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 A communication from the City Clerk advising of the resignation of Jeffrey Rakes as a member of the Board of Trustees, City of Roanoke Pension Plan, effective immediately. RECOMMENDED ACTION: Accepted the resignation and received and filed the communication. C-2 A communication from the City Clerk advising of the resignation of Scott I. Burton as a member of the Roanoke Arts Commission, effective immediately. RECOMMENDED ACTION: Accepted the resignation and received and filed the communication. C-3 Reports of qualification of the following individuals: Susan L. Reese and Cheryl W. Hartman as members of the Human Services Advisory Board for four-year terms of office, each, ending November 30, 2014 and November 30, 2016, respectively; and Darryl Miley as a member of the Towing Advisory Board for a three-year term of office ending October 31, 2015; RECOMMENDED ACTION: Received and filed. 3 REGULAR AGENDA 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: a. A communication from Council Member Raphael E. Ferris requesting that Council discuss the status of the Mill Mountain Advisory Committee. No action taken. Continued over generally. 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: a. CITY MANAGER: BRIEFINGS: • Market Square Improvements - 30 minutes Received and filed. ITEMS RECOMMENDED FOR ACTION: NONE. COMMENTS BY CITY MANAGER. The City Manager shared the following comments: Roanoke has been named a Top Digital City • The Center for Digital Government's Digital Cities Survey ranked Roanoke second in the nation for 2012 among the cities in the 75,000 to 124,999 population category. • Roanoke has the distinction of being a Top-10 Digital City for 12 consecutive years. • Other top award winners for their population size are the City of Louisville, Ky.; Salt Lake City, Utah; Ann Arbor, Mich.; and Marana, Az. • Winners will be recognized during the National League of Cities 2012 Congress of Cities and Exposition in Boston, Mass. on Nov. 30. Solid Waste Collection Schedule for Thanksgiving week • City offices will be closed on Thursday and Friday, Nov. 22 and 23, for the Thanksgiving holiday. As a result, all residents and business owners are asked to place their trash containers, recycling, and bulk out one day in advance. 4 For Residential/Commercial: • If your normal collection day is: -Monday, November 19 —trash, recycling, and bulk will be collected on schedule -Tuesday, November 20 —trash, recycling, and bulk will be collected on Monday -Wednesday, Nov. 21 — trash, recycling, and bulk will be collected on Tuesday -Thursday, Nov. 22 — trash, recycling and bulk will be collected on Wednesday • NO LEAF COLLECTION WILL OCCUR DURING THE WEEK. For the Central Business District: • Collection will be on schedule all week with the exception of Thanksgiving Day. No CBD collection will be provided on Nov. 22. CBD collection resumes on Nov. 23. • For more information, call 853-2000, option 1 b. DIRECTOR OF FINANCE: 1. Financial report for the period ending September 30, 2012. Received and filed. 8. REPORTS OF COMMITTEES: a. Presentation of the Proposed 2013 Legislative Program. Council Member Raphael E. Ferris, Chair, Legislative Committee. Adopted Resolution No. 39540-111912 (7-0). b. A report of the Roanoke City School Board requesting appropriation of funds for various grant 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. 39541-111912 (7-0). 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 5 11 . MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. AT 4:54 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. 6 /�Rn I1 h �d W ROANOKE CITY COUNCIL REGULAR SESSION NOVEMBER 19, 2012 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order--Roll Call. Council Member Ferris Arrived Late. The Invocation was delivered by Council Member William D. Bestpitch. The Pledge of Allegiance to the Flag of the United States of America was led by Webelos Pack 17 sponsored by St. John's Episcopal Church. At this point, Council Member Ferris entered the meeting (7:02). Welcome. Mayor Bowers. NOTICE: Tonight's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, November 22 at 7:00 p.m., and Saturday, November24 at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. A. PRESENTATIONS AND ACKNOWLEDGMENTS: Recognition of the 8th Annual Fire Prevention Week Art Contest winners. The Mayor presented Certificates to seven winners. 7 B. PUBLIC HEARINGS: 1. Request of Ssunny Shah, President, Lorrd Ganeshji, Inc., to delete an existing proffered condition pertaining to 1917 Franklin Road, S. W. Ssunny Shah, President, Spokesperson. Adopted Ordinance No. 39542-111912 (7-0). 2. Request of Drew H. Kepley and Everett Holdings, LLC, to remove all existing proffers pertaining to 1606 Belleview Avenue, S. E., and four unaddressed lots on Thyme Street, S. E., and replace with new proffers. Drew Kepley, Owner/Manager, Spokesperson. Adopted Ordinance No. 39543-111912 (7-0). 3. Proposal of the City of Roanoke to increase the current transient occupancy tax rate of 7 percent to 8 percent, effective January 1, 2013. Christopher P. Morrill, City Manager. Adopted Ordinance No. 39544-111912, Resolution No. 39545-111912 and Budget Ordinance 39546-111912 (7-0). 4. Receive citizen comments with regard to realigning new boundaries for the City's voting precincts; and reducing the total number of voting precincts within the City from thirty-three (33)to nineteen (19). Carl T. Tinsley, Chairman, Electoral Board, Spokesperson. No action taken. Continued over generally. 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. Shamia Johnson and Theresa Gill-Walker appeared before the Council. D. ADJOURNED - 8:55 P.M. 8 OFFICE OF THE CITY MANAGER Noel C.Taylor Municipal Building as zaa Church Avenue,Sw,Room 364 Roanoke,Virginia aeon ROANOKE 540853.2333 www.53 33eva.gov November 30, 2012 Honorable Mayor and Members of City Council: Subject: Response to Comments - November 19, 2012 Council Meeting This letter is in response to the comments made by Margaret Reamy and Mike Haynie at the November 19, 2012 City Council meeting concerning the use of members of Local Number 55 of the International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artist and Allied Crafts of the United States and Canada (IATSE) at the Civic Center. You will find outlined below information on the current situation. • The Civic Center uses members of IATSE Local 55 to provide stage employee services (stagehands, carpenters,wardrobe, etc.), as needed, for events held at the Roanoke Civic Center. The use of IATSE members is generally required by performing artists and event promoters because IATSE has experience with the services that need to be provided. The practice of using members of Local 55 was in place prior to Global Spectrum assuming responsibility for managing the Civic Center. • Payment for services provided by Local 55 members is made directly to Double Nickle (Spelling of "Nickle" is as it is used by Local 55), a payroll company established by Local 55. A surcharge (currently 22%) is added to the cost of services to cover administrative expenses. The total cost, labor and surcharge, is a part of the total expense that the Civic Center charges the promoter or entity responsible for the event. • Global Spectrum has an umbrella agreement with IATSE (International)to provide stage employee services at all facilities managed by Global Spectrum. • The agreement requires that the stage employees be paid through Global Spectrum payroll. This requires them to become employees of Global Spectrum. The • agreement also recognizes that wage rates will differ by geographic area and allows each IATSE Local to enter into an agreement on specific wage rates for the building served. • Global Spectrum has worked with IATSE (International) to standardize practices nationally, including paying IATSE members through Global Spectrum payroll.The Roanoke Civic Center is one of the last buildings managed by Global Spectrum to make the transition. Page 2 • Robyn Schon, Roanoke Civic Center General Manager, advised me several months ago that she had been instructed to begin the transition in Roanoke. Robyn has attempted to accomplish the transition in an orderly manner working with a representative of IATSE (International). • There will be no reduction in the hourly rate paid to Local 55 members and there is not expected to be any significant changes in the manner in which they are scheduled to work. There is a guarantee of an annual increase in the established hourly rates. Local 55 members who agree to become Global Spectrum employees will have to complete the required employment paperwork and background checks will be conducted prior to them being allowed to work. After 400 hours of employment, drug testing is mandatory per Global Spectrum's personnel policy. • The main issue or problem for Local 55 appears to be that payment will be made directly from Global Spectrum to each Local 55 member rather than via the Double Nickle payroll company. This will result in reduced revenue for Double Nickle as Local 55 will not have the ability to assess a surcharge for the services provided at the Roanoke Civic Center. • Given that Global Spectrum is assuming payroll responsibility, it intends to add a surcharge of 20% to recover administrative costs. Approximately 8% of this surcharge will be profit. • I met with Margaret Reamy(at her request) earlier this week to hear her concerns. I would highlight the following key points from our meeting. • She holds IATSE (International) responsible for the transition that is taking place, not Global Spectrum. • IATSE(International) has not adequately communicated with Local 55 on the agreement it has with Global Spectrum. • The Double Nickle payroll company will be harmed if Local 55 members become employees of Global Spectrum. • Robyn Schon is moving forward with the transition as an act of retaliation against Local 55 and has created a hostile work environment. • She (Margaret Reamy) is not asking the City of Roanoke to do anything specific, but that we should be aware that there is a problem with Robyn Schon. • In my conversation with Margaret Reamy, I explained that under the terms of the contract the City has with Global Spectrum for management of the Roanoke Civic Center, Global Spectrum has control over the hiring of employees, agents, and independent contractors. I also advised that Local 55 should direct any concerns it has with the umbrella agreement to IATSE (International). Page 3 • It should be noted that during my tenure as Assistant City Manager-Operations, I have not had any complaints, directly or indirectly, about the work environment or management practices at the Civic Center, The personal attacks on Robyn Schon appear to be based on her attempts to move forward with the transition of bringing Local 55 on the Global Spectrum payroll. Robyn had her vehicle damaged in what appears to be an act of retaliation for her efforts to 'move forward with the transition. Robyn has also had to respond to questions from event promoters about the transition as some members of Local 55 have attempted to discourage promoters from using the Roanoke Civic Center. I trust the information above adequately provides an overview of the situation and demonstrates that that actions of Global Spectrum and Robyn Schon, with respect to Local 55, are within the scope and boundaries of the terms and conditions of the umbrella contract with IATSE(International). I would be happy to address any questions or concerns you have. Sincerely, eglainAd i. Sherman M. Stovall Assistant City Manager- Operations c: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Stephanie M. Moon, City Clerk s CITY OF ROANOKE 1 _' _` OFFICE OF THE CITY CLERK _ 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: clerk@roanokeva.gov JONATHAN E.CRAFT City Clerk Deputy City Clerk CECELIA T.WEBB Assistant Deputy City Clerk November 20, 2012 Christopher P. Morrill Daniel J. Callaghan City Manager City Attorney Roanoke, Virginia Roanoke, Virginia Gentlemen: I am attaching copy of remarks presented by Margaret Reamy who appeared before the Council of the City of Roanoke at its regular meeting which was held on Monday, November 19, 2012, with regard to stagehands at Roanoke Civic Center and Global Spectrum Management. The matter was referred to the City Manager and City Attorney for follow-up with Ms. Reamy. Sincerely, Stephanie M. Moon, MMC City Clerk Attachment pc: Margaret Reamy and Mike Haynie, 6153 Ran Lynn Drive, S. W., Roanoke, Virginia 24018 Sherman M. Stovall, Assistant City Manager for Operations Robyn Schon, General Manager, Global Spectrum, 710 Williamson Road, N. E., Roanoke, Virginia 24011 le-w-I Margaret Reamy November 19, 2012 6153 Ran Lynn Drive, SW Roanoke, VA 24018 (540) 581-4299 RE: Stagehands at Roanoke Civic Center and Global Spectrum Management Our stagehands have quietly and professionally served the Roanoke Valley for many decades. We are much admired by the people working on the shows visiting this area for our highly developed skills as well as our ability to quickly set up, service, and take out the apparatus of each of these performances: time equals money for these traveling companies, and we have set many records for our efficiency. Our business manager has never failed to fill a call for needed labor. Our membership has never failed to resolve any conflict that may have arisen involving our body. For most of this time, we have worked on a handshake and oral agreement,without formal contracts with our venue partners. Upon the assumption of management of the Roanoke Civic Center by Global Spectrum we learned that the international organization to which we belong and which is supposed to act on our behalf had previously,without our participation,crafted and signed an umbrella contract covering labor provided by all local chapters, such as ours, working at Global Spectrum facilities. Due to the fact that we have worked independently for so long, some time ago we set up our own payroll company named Double Nickle (spelling of Nickle is as it appears in our corporate documents )to manage payroll, insurance, and all administrative costs of our operation. This is a non-profit corporation. Each member of our organization is entitled to purchase one share of stock, but nobody is required to do so. No dividends are paid, but we do have the opportunity to participate in the decision-making and operation of the company. This small business is superbly run with highly detailed financial reports delivered monthly, or more often if needed, by our bookkeeper for our meetings. Since GS took over under manager Chris Connolly, at the RCC,the umbrella contract had been a moot point: our group continued to operate as before with no written contract, with great cooperation between our labor pool and management of RCC. However, in early 2011, Chris was moved to Des Moines to manage a facility there for GS. Robyn Schon, a longtime employee at the RCC, was made the new general manager. We have had a mixed history with Robyn, including her refusal to pay us for work she requested because she misread a rider from a show promoter who was unwilling to pay for work he did not order. She did not acknowledge her error, she just "stiffed" us. Additionally, she verbally assaulted one of our skilled riggers, who was in no way responsible for the issue. He has stated that her rage was totally uncalled for, but he did not respond to her attack. On another occasion, she withheld a sizeable payment for labor to us,which had been submitted and approved by the promoter, because she decided we weren't entitled to it. After protest by both the promoter and our business agent, she relinquished payment to us. Please note: Robyn did not disallow payment by the promoter. She kept a payment to which we were entitled until persuaded to give it to the people who had done the requested work. Overall, though dealing with Ms. Schon's unpredictable temperament on too frequent occasions,we continued to have a cordial, cooperative, and profitable relationship for ourselves, Global Spectrum, and the City of Roanoke. However, on Wednesday,June 13, our executive board (of which I am a member) was summoned to a meeting at RCC with Ms. Schon and her assistant manager. This followed an earlier meeting she had with two of our officers, in which she had begun to make demands regarding our business agent, our presence at the RCC, as well as some scattered and indecipherable accusations that we have been unable to pin down. Most importantly, she threatened to hold us to the contract whose genesis never involved our discussion, approval or participation.The June 13 meeting went forward, however,very sensibly and relatively cordially. Robyn's chief complaints seemed to be that some of our employees had been attending shows without paying for tickets: this practice had already been phased out and forbidden in the coliseum, but had not been enforced at the auditorium. We had for many years been welcomed in both venues as guests, but it is quite understandable, particularly in a poor economy. We readily agreed that we would so inform our membership. She noted that she is "the queen"of the facility, and she does not want to have her"kingdom"troubled with our presence during a show unless our members are actually working: quite understandable. The only other matters that seemed to be of importance were: (1) She objected to our having our.Christmas breakfast at the Salem Civic Center every year, reasoning that RCC represented the major portion of our business and should be given the opportunity to get a bid to cater our breakfast. We explained that we had been using Salem for a number of years due to the fact that we received a free meeting space there and we had not been welcome at RCC in the past. Robyn noted that such time was long behind us and we should reconsider(perfectly reasonable to us all). We had always sent invitations to RCC management, but had not been honored with their participation. (2) Robyn wanted better communication from us. We were not aware that we were guilty of poor communication, but agreed that we would make every attempt to eschew oral requests and discussions in favor of emails and other written documents, and that would be a two-way process. The meeting was adjourned with Robyn volunteering that we could all return to "the way things were before." In no time, however, upon learning that we were having a meeting at the Salem Civic Center on July 19 (which we commonly do at least once a month with additional meetings if necessary), Ms. Schon again began to berate us, as if we had no right to hold our meetings. She immediately began a program of intimidation, attempting to force our membership to become Global Spectrum employees,giving us a deadline to September 1 to sign up or lose all employment at the RCC. She sent a bulletin (see attached marked (1)to note meetings for this purpose on Tuesday,July 31 and Thursday,August 2 at 6pm. She notes a decision made between GS and our representative Michael Barnes that we had to do this. As stated earlier, we had no participation in the development or ratification of this contract. Additionally, we had no replies when we attempted to discuss that matter with our representative(s). Five of our members attended the first meeting. They walked away when Robyn threatened that we would be blackballed from employment in the area if we did not submit to her demands: It is my understanding that such a threat is illegal. She slandered our business agent and our presiding officer by telling the members present that they"were getting rich off lour)payroll company." She has told others that these two people own the payroll company for their own profit,both untrue and slanderous., She insulted the Salem Civic Center by sneering at the Quality of the breakfast we'd get compared to the Christmas party at RCC with door prizes. We actually have an excellent breakfast as well as door prizes at Salem: we pay for the breakfast and door prizes are donated by members and generous local merchants. I have listed, below, names and telephone numbers of our members who attended this meeting. They have agreed to confirm my statement if necessary. Gary Sapp 540-397-3536 Lewis Wells 540-529-0702 Adam and Jennifer Gentry 540-309-6642 John Bruce 540-344-2169 or 540-35S-4854 The September 1 deadline came and went, we continued to work at the Roanoke Civic Center and until very recently,we heard no more about the contract or the demands. At no time, despite repeated inquiries could we get any confirmation as to how much our employees would receive: I have heard of no employer who (1)demands your employment, and (2)won't tell you how much you are going to make! This month, Robyn's new demand is that we all sign up by December 1 or risk losing our positions. When our business agent submits a bill for our services, that invoice includes the cost for each employee per our rate sheet subject to hours worked, overtime and minimums. We also include a 22%surcharge for expenses apart from basic labor. This goes to pay a huge insurance bill for Workman's Compensation as well as employer's portion of Social Security,accounting services, even labor costs when a client does not pay us for our work(such as Robyn Schon due to her own error). We follow industry standards, and are even on the low side, as we are not in a major market. We did not ask for a routine 3% increase in our labor rates this fall,as we wish to be sensitive to the needs of our partner venues and clients in a bad economy. Ms. Schon seems to think we operate as a temporary agency such as Manpower, whereby we charge (for instance) $20.75 per hour for an employee's services and pay the employee$8.25 per hour less tax and benefit deductions. She also seems to think the 22%surcharge is a profit, benefitting a couple of greedy"owners." Neither is true. We charge for the individual employee's services and pay the entire amount less ordinary deductions to the employee. Robyn seems to think that the 22% is "gravy." We have many obligations with the money including a whopping payment of over$19,000 for Workman's Compensation insurance for the coming year. This is due to two very expensive accidents suffered by employees through no fault of their own: the accidents were caused by employees of the road companies for the entertainment acts, but are very difficult to subrogate by our carrier due to the extreme fluidity of employee turnover and constant travel by those employees. We sustain expenses for trade memberships, safety and skill training and certification for members,the expenses of our excellent business agent, as well as "good and welfare"for sick members or members suffering a loss in the family(something we make every effort to extend to our venue partners when we know of a crisis). We make no profit. Despite our attempts to clarify this(see attached emails to such affect) we still don't seem to have gotten through to Ms.Schon. In summary, we are concerned that a valuable small business is about to be destroyed due to the stubborn behavior of the current RCC manager. We know that the contract in which our international organization and Global Spectrum are engaged is not enforced across the board. Please see attached#(2)from our sister organization in Richmond,testifying that the exact opposite is true for their venue. Although our parent body has been slow to respond (they love our dues,they just don't want to work for them), Mr. Barnes (whose name Ms Schon has invoked as a threat on several occasions) denies having any direct agreement with Robyn. We are concerned with our own welfare under a contract in which we had no part, and with working under a general manager whose business acumen appears to be underwhelming. That same general manager seems to handle disagreement as a personal affront,to which she responds, not with reasonable discourse, but with screaming and shocking public rage that threatens at any moment to become physical. We reside in a right-to-work state and our organization has a long standing charter, which we think should protect us from the depredations against us from either our parent organization or the management of the RCC. We are delighted that Global Spectrum is turning the Roanoke Civic Center into a gem of profitability for both their company and this wonderful city. We are greatly concerned that this ongoing problem with the unreasonable demands, and possibly illegal/unethical actions, of the present general manager will be devastating to a small business and the many people dependent upon it. This can also tarnish an otherwise excellent company that has made enormous strides in turning around our Civic Center, as well as becoming a thorn in the side of our local government. We do not want to make waves; we want to solve problems. We thank you for your consideration. CITY OF ROANOKE a r;:ti;_ OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 K Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIEM.MOON,MMC E-mail: elerk@roanokeva.gov JONATHAN E CRAFT City Clerk Deputy City Clerk CECELIA T.WEBB Assistant Deputy City Clerk November 20, 2012 Jeffrey Rakes 2710 Rosalind Avenue, S.W. Roanoke, Virginia 24014 Dear Mr. Rakes: A communication advising of your resignation as a City resident representative of the Board of Trustees, City of Roanoke Pension Plan, effective immediately, was before the Council of the City of Roanoke at its meeting held on Monday, November 19, 2012. Your resignation was accepted with regret, and the communication was received and filed. On behalf of the Members of Roanoke City Council, I would like to express appreciation for your service to the City of Roanoke as a City resident representative of the Board of Trustees, City of Roanoke Pension Plan, from June 7, 2010 to November 19, 2012. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your years of service. Sinerely, Stephanie M. Moon, MMC City Clerk Enclosure pc: Ann H. Shawver, Secretary, Board of Trustees, City of Roanoke Pension Plan Andrea R. Johnson, Administrative Assistant, City Clerk's Office CERTIFICATE OF APPRECIATION _�\ PRESENTED TO JEFFREY RAKES AS A MEMBER OF THE BOARD OF TRUSTEES, CITY OF ROANOKE PENSION PLAN FROM JUNE 7, 2010 TO NOVEMBER 19, 2012 ON THIS 20TH DAY OF NOVEMBER , 2012 IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY RENDERED TO THE CITY OF ROANOKE APPROVED: ATTEST: ILA IJI._ • I I6Y✓ DAVID A.BOWERS STEPHANIE M.MIRON MAYOR CITY CLERK �. #6 B(I i CITY OF ROANOKE �IL A FOS OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 tv. Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: clerkajraanokeva.gm JONATHAN E.CRAFT City Clerk Deputy City Clerk CECELIA T.WEBB Assistant Deputy City Clerk November 19, 2012 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: This is to advise that Jeffrey Rakes has tendered his resignation as a member of the Board of Trustees, City of Roanoke Pension Plan, effective immediately. Sincerely, �-y�� Stephanie �C' ° IU City Clerk lJ CITY OF ROANOKE ? _' OFFICE OF THE CITY CLERK '"- � - - 215 Church Avenue,S.W.,Suite 456 Trf- Y; Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: elerk®®roanokeva.gov JONATHAN E.CRAFT City Clerk Deputy City Clerk CECELIA T.WEBB Assistant Deputy City Clerk November 20, 2012 Scott I. Burton 3441 Brandywine Avenue, S. W. Roanoke, Virginia 24018 Dear Mr. Burton: A communication advising of your resignation as a member of Roanoke Arts Commission, effective immediately, was before the Council of the City of Roanoke at its meeting held on Monday, November 19, 2012. Your resignation was accepted with regret, and the communication was received and filed. On behalf of the Members of Roanoke City Council, I would like to express appreciation for your service to the City of Roanoke as a member of Roanoke Arts Commission from December 5, 2011 to November 19, 2012. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your years of service. Sincere) \,,^ + 6 l.. d Stephanie M. Moon, MMC City Clerk Enclosure pc: Susan Jennings, Arts and Cultural Coordinator Melissa Murray, Secretary, Roanoke Arts Commission Andrea R. Johnson, Administrative Assistant, City Clerk's Office CERTIFICATE OF APPRECIATION PRESENTED TO = SCOTT L BURTON _ AS A MEMBER OF THE ROANOKE ARTS COMMISSION FROM DECEMBER 5, 2011 TO NOVEMBER 19, 2012 ON THIS 20TH DAY OF NOVEMBER , 2012 IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY RENDERED TO THE CITY OF ROANOKE APPROVED: ATTEST: ISO DAVID A.BOWERS STEPHANIE M.MOO MAYOR - CITY CLERK 01:4,1c. CITY OF ROANOKE iL 's OFFICE OF THE CITY CLERK V ,t 215 Church Avenue, S.W.,Suite 456 r Roanoke,Virginia 24011-1536 f Telephone: (540)853-2541 Fax: (540)853-1145 SFEPIIANIE M.MOON,MMC E-mail: clerk@roanokeva.Rm JONATHAN E.CRAFT City Clerk Deputy City Clerk CECELIA T.WEBB Assistant Deputy City Clerk November 19, 2012 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: This is to advise that Scott I. Burton has tendered his resignation as a member of the Roanoke Arts Commission, effective immediately. Sincerely, Stephanie M. Moon, MMC City Clerk CITY OF ROANOKE 14.1 a OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: clerk@roanokeva.gov JONATHAN E.CRAFT City Clerk Deputy City Clerk CECELIA T.WEBB Assistant Deputy City Clerk November 20, 2012 Teresa McDaniel, Secretary Human Services Advisory Board Roanoke, Virginia Dear Ms. McDaniel: This is to advise that Susan L. Reese and Cheryl W. Hartman have qualified as members of the Human Services Advisory Board for terms of office ending November 30, 2014 and November 30, 2016, respectively. Sincerely, I r 1. Stephanie M. Moon, M Clerk pc: Andrea R. Johnson, Administrative Assistant, City Clerk's Office Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Susan L. Reese, 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 Human Services Advisory Board for a four-year term of office ending November 30, 2014, according to the best of my ability. So help me God. Susan L. Reese The foregoing oath of office was taken, sworn to, and subscribed before me by Susan L. Reese this day of 40 v 2012. Brenda S. Hamilton, Clerk of the Circui Court By ( fille/6"7 JO/ % , Clerk G � Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Cheryl W. Hartman, 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 Human Services Advisory Board for a four-year term of office ending November 30, 2016, according to the best of my ability. So help me God. 'Cheryl W. Hartman The foregoing oath of office was sworn to, and subscribed before me by Cheryl W. Hartman this S� day of LA/a-2012. Brenda S. Hamilton, Clerk of the Circuit Court 104 ,yis , Clerk aF CITY OF ROANOKE U.s4 OFFICE OF THE CITY CLERK / '. A._,�.� 215 Church Avenue, S.W.,Suite 456 :. < Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: clerk@roanokeva.gav JONATHAN E.CRAFT City Clerk Deputy City Clerk CECELIA T.WEBB Assistant Deputy City Clerk November 20, 2012 Samuel Roman, Captain Roanoke City Police Department Roanoke, Virginia Dear Captain Roman: This is to advise that Darryl Miley has qualified as a member of the Towing Advisory Board for a three-year term of office ending October 31, 2015. Sincerely,Mpta\,�,, 6, tJ Stephanie M. Moon, MMC City Clerk pc: Andrea R. Johnson, Administrative Assistant, City Clerk's Office Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Darryl Miley, 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 Towing Advisory Board for a three-year term of office ending October 31, 2015, according to the best of my ability. So help me God. s�\ Darryl y The foregoing oath of office was taken, sworn to, and subscribed before me by Darryl Miley th4c %1L lay of ti 1/em ir2012. Brenda S. Hamilton, Clerk of the Circuit Court BY Cr.;1,2/4 4/ CIS S CITY OF ROANOKE , CITY COUNCIL 215 Church A v e n u e,,s w. y� r{t4w'!'., .?Ki t W Noel C Taylor Municipal Building,Suite 456 Roanoke,Virginia 24011-1536 Telephone. (540)853-2541 DAVID A. BOW FRS Fax (540)853-1145 Council Members Mayor William D.Bestpitch Raphael E."Ray"Ferris Sherman P. Lea Anita J. Price Court G.Rosen David B.Trinkle November 19, 2012 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: I respectfully request that a discussion about the future status of the Mill Mountain Advisory Committee be placed on the agenda for the regular meeting of City Council on Monday, November 19, 2012 at 2:00 p.m. Sincerely, hut F Raphael E. Ferris Council Member REF/ctw MRKT SQUARE IMPRQYlMENTS r-_ r T\ le', e ROANOKE CITY COUNCIL III ; NOVEMBER 19, 2012 as ROANOKE ENGINEERING DIVISION Do lzer Pion LIri , „_ ,=,_,-, 7 -•7 7 I 77. _ 7 7_ 7 IT '7=1--- L7 7= 7 CID MAD 1 al r ll --ff-rr- F , - 1 • ,....., : 1 - -.. - - , 1.- II Fi --......--, •' 1 .. .... ... ..„... ,...,..... ..... -. 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'"'"C' T.'1 1 ,.. 1 t a 1 LI Yi ° 14 ` 4.1.20.1, ,2 1 ‘4' "9' - 1 t f9;1 .. 1 1 cli I . 1 Lf. 44.wr--t+----hi r---:,- 1 . ,,T. • 1 a i v t. + 1 1 1 L'h1 ' 3 I' 1 u, 2 1 9 [1 1 t-I J -.., -1, 4 • es- - T T-$.4 4 1%, . -, , -t-- - - "....,. .-..:•.. 1,' — — —L" -- -. - -- -I LI ii i 1 5 1 1 yr — *— II / l'. • Th.+ .4 4b g 1 ' '•11 I i 1 i .I •L co. lr 1 c) I 144 ” i II _ ___ _r___ ,_ - , il CO1 ._ -_4_ . 4 - 1..__I I__ 44 ,_ _r_ kr a 1, LI_ ar_ _ i — 44- -4 1.., ' i'.1.'‘• tIJ i GL Hist; RE Partners LLC, DRI , AECOM Concept Plan CITY MARKET BUILDING is" i' T '.'VIII :41/ra,:! �J .. - —.� csk :. :*', . ..orI w ♦ -- ., CAM PB-ELL AVENUE 441 A t, arir yr lei : + _ , J , e d Q U A K E ti p I. 4 �t • 131.11313 I R ,ritt.„.a s I V'4 a 21 � �, New Kamen III ' ' • o. , K 2. la li the New Market Square JI, ' I A I HAI Re Partners LLC / Downtown Roanoke.Inc/AECOM Roanoke,Virginia . ' 4' A partnership for a better Downtown Roanoke. • Conversion of parking lot to pedestrian space • Introduce Vendor table Et canopy to Campbell Ave • Stre:: avi rees ; R ti L 4 • Pattd ng • Street lighting rgSy C A M P B Y L L V F N V E 51 Tat .4 a W N }A M �ftr 6ij.` M � A R K E T V L. k / 7 /4 / .. 'rip; 14 orj v'', in Flo 'I= i - rctat!, .1 151. 7 , Ce.' I he New Markets,uare 124 4 • Utilities (Electric, Water, Gas, Communications, Storm Drainage) . • APCO vault. • New Pavement Material (Streetprint versus Concrete Pavers) . • Impact of elevated square on surface drainage. • New Traffic Function and pedestrian movements. • Cost / Budget New Pavement Material Concrete Pavers liStreetprint illi j , "44 .., I , R,- a a° __ . r� J I . 1. 000.0000e 1,,, a s.,. Subsurface Investigation by Engineering Divisign QQtQber 22 a 23 , 2412 14:tee2ta , I I I I • 7 moors v 44 I Subsurface Investigation, continued . t iso 3. k k •• ler ■ TV Inspection of Storm Drain on 11/01/12 By Transportation Division a s it . II 4 a _. . d 0,1 f d e • crAcK§ 'n,A $PALLS Structures Deteriorated Fair to Poor Condition Designing New Drainage reattlf9§ 1 „ •• • lis . 0 i • _ „. .1 .177Pat _ t'inivrwriffr. -... • ,..t e i _. re . .. .. " - yt w 4. i S 1 - * '' • r,,,,.:, e - , - o ) , tr s 4*. , v1/4-4, ,,710104.,' e. re ZI • ;ler.— . r Current Design Issues that Affect Costs • Replacement of Existing Storm Drains and Structures under Market Square. • Concrete Paver solution will require the raising of airway vent stacks at APCO vaults. • Concrete Pavers placed on existing asphalt must meet design standards to be a cost-effective solution . • Estimated cost: $650,000. • Portion of estimate for sidewalk replacement: $35 ,000 • Portion of estimate for storm drain replacement and upgrades: $100, 000 As-built Survey by Engineering DivisiQn I N rn e. ,' .- 4 . r = rte . .. , y -e 71 ..._ r_L — s`- ,•_� -,�. —.r- -� _ - ! W— = r ...L r� 4.fi 1j fr• . ° a _• . T l \ r \ � + I I I e �rrl �ar I - r _ _v I T . i MARKET SO4 O I E • o I : , + JR -. L .R -1 _ IL k I I I _ . ° -r-41-1 - _ te __ l _ i � I _.. / L— ! rIF -1__1 3 L_ ' I IV I I- _ .�. L -.` ..■ -..=v m^a - ... CITY ENGINEER _ T ii/13/12 MARKET SQUARE I pit �lmr Nvc IMPROVEMENTS EXISTING CONRNOE6 _ROANOKE Preliminary Plan n L �- ! _ I :_ - __ _ � _ �_ rte._v9ELL AVFRUE �_ � �r -- 4.r I ._.-. w le/• '..$ i :::'h ..w .. .+� .r,, SR, D 4. k T w .., p Iry nI w. O '44*f ,.I r i- J W e I'I•I 5 fl MI w el 4 1 ''fi;,IWI �II III k �I� S ��" '' l7 e e v J i't,' q4 r h f «iE VbI « _ i x 5 n «A Y,w f rM � .� =�•'� • 11-14$1961! y 'a + >F I s F a r . v , Y x x 4+ • W s -A4IF, Pr, «l ' w ` r h n i �r 4 N # ' '� A •w y w 4 1, 14 J ,� ^ , ' y fi ' 441 # e, � V x r N F 7 4f Vfi 0 ' W 0 , Pi l t 4. y µ w f tf *al f uI'k: 41‘ 44 .sa el {. I r,C • ti.. • r_ _e_ S Ir •r am S . m _ -- p_ n CITY ENGINEER UE nn z MARCEf SQUARE x a 2 V _ I IMPROVEMETS CONCEPT PLUS r ROANOKE= e I'-It Cm RE YOM1( L VIRGINIA .A....... x New Traffic Function of Improved Market Square ce as esam I m I .skW/ELL AVENUE — : • GirW E *', & ..P1 i1 * i .qr A Y .� A P sA F `.(*L. �..—.•., j?i4``..', � ' III? II A M,«# ` r ■ a r 4't5 Y'? � A, : ,'K p J �D r i r a h It Z Kv�s'' xA III I'`., R r � k ' n: '. .w 45 +. r e ,`` ,. I■ [EA.,10,6 f ,'• I ^I I. I I:, '� 4 L =-ao imi errs CF DK are ENGINEER ......... Y �� 11/IJ/1x MARKCI SQUARE 4 y ARC d PIPROVEMENIS 2 CEl f�lC®IRAN rill _ROANOKE =�� rrs 1'-10 CITY O,WA„p1E VIRGINIA i MQdeling Farmer's Tables eh -41111/4111.11rr \I 1.1111111 f 4 I II 6j _ 1: i , ii ll 1 R�i, CITY OF ROANOKE A 44,:d..° DEPARTMENT OF FINANCE • Vr 215 Church Avenue, SW, Suite 461 PO Box 1220 � a+ Roanoke, Virginia 24011-1220 Telephone. 154018512821 Fax. 15401853-6142 ANN H.SHA W V C ER, PA ANDREA F.TRENT Director of Finance Assistant Director of Finance November 19, 2012 Dear Mayor Bowers and Members of City Council: Subject: July - September FY13 Financial Report - City of Roanoke The following financial report provides commentary on the City's financial results for the three months ended September 30, 2012. Financial Statements are also included for the periods ended July and August of fiscal year 2013. FY13 Year to date revenues decreased 1 .2% or $560,000 from last year as presented in the accompanying financial statements. In comparison, the budgeted decrease is 2.1% when comparing the FYI 3 adopted budget against the FY12 final results. This decrease is primarily the result of the end of the Eat for Education Program as ofJune 30, 2012, along with the change in payment handling for Daycare. The City is no longer being reimbursed for Daycare from the Commonwealth. This change also includes a corresponding reduction in expenditures. These decreases were offset by favorable results in other local taxes. Significant year-to-year variances are explained in further detail in this report. Year to date expenditures in FY13 increased 5.4% from the prior year. The adopted expenditure budget for FYI 3 is 2.5% or $6.5 million lower than FY12 actual, again as impacted by the reduction in Eat for Education funding to Roanoke City Public Schools and the change in Daycare accounting. A 3.0% pay raise for employees went into effect July 2012 and will affect comparisons throughout the year. Also, to the Sheriffs Department employees enrolled in the VRS, an additional pay increase of 5.0% was provided to offset an employee contribution of 5.0%. The reason actual performance through September is significantly higher than budgeted expectation relates to the Public Works and Community Development variances explained in the following narrative. The City expects to meet its overall expenditure budget for FYI 3 and carefully manages the budget to ensure obligations are met. Major expenditure variances are described in further detail in the expenditure section of this report. Honorable Mayor and Members of Council November 19, 2012 Page 2 Revenues: Commentary on the significant categories of revenues and/or significant revenue variances is provided as follows: General Property Tax revenues remained relatively flat when compared to FY12. Current year Real Estate taxes remained fairly stable, while delinquent collections increased sharply. This increase was offset by a decrease in Personal Property taxes resulting from exonerations, however, the vast majority of Personal Property Taxes are collected during the final months of the fiscal year. Other Local Tax revenues decreased 7% or $621 ,000 compared to the same period in FY12. Adjusting for the reduction in the food and beverage tax rate from 7% to 5% effective July 1 , 2012, other local taxes increased 2.2%. The Transient Occupancy tax performed well with growth of 9.1% as a result of increased travel into the City. Sales tax increased 8.1% or $117,000 with some of the larger businesses posting slight increases. This reflects only the one month of July sales which are thought to be strong as a result of retail and restaurant activity following the late June dericho event. Food and Beverage tax increased 6.8% over the prior year once adjusted for the change in the tax rate, continued strong performance in this revenue. Fines and Forfeitures increased by 24.9% or $67,000 compared to FY12 mainly as a result of improved collections of Delinquent Personal Property taxes. Revenue from the Use of Money and Property decreased by 29.9% or $16,000 compared to the same period in FY12, primarily a result of lower interest earnings. Intergovernmental revenues declined 1 .5%. The change in handling of Daycare had an impact in this decline, but was offset by an increase in Social Services revenues for General Administration resulting from the timing of a prior year state audit adjustment. Street maintenance funding also grew in FY13 as expected. Adjusting for the change in Daycare, Intergovernmental revenues increased 4.2%. Miscellaneous Revenues were up 35.7% or $50,000, mainly due to the receipt of $37,440 from Verizon for the settlement of a class action suit related to public service corporation personal property assessments statewide. Honorable Mayor and Members of Council November 19, 2012 Page 3 Expenditures: The fiscal year 2013 adopted General Fund expenditure budget totaled $253.0 million and included funding of approximately $1 .1 million to cover contracts and purchase orders made during fiscal year 2012 but not paid by the end of that year. Significant categorical variances are discussed as follows: Public Safety was up 10.6% due to increased Jail health care charges resulting from an increase in base health care cost, expansion in dental and psychiatric hours provided and additional healthcare coverage. These additional services were added based on inmate needs as determined by the Jail and the health care provider, Conmed The year over year variance was also affected by the timing of a contract for food at the Jail. Public Works increased 60.6% from the prior year due to the timing of the recording of the annual paving contract. This contract was incurred in August in FY13 compared to November of the prior year. Adjusting for this, the increase would be 5.0%. Heath and Welfare was down 10.0% from prior year mainly due to the change in payment methodology for Day Care reimbursements. Adjusting for this change, FY13 was up 0.7%. Community Development increased 37.2% or $543,000 over prior year. The majority of this resulted from the timing of quarterly payments to the Roanoke Valley Convention and Visitors Bureau for a marketing initiative in FY13 along with the timing of contracts for weed and trash abatement. Civic Facilities Fund In September, the Civic Center held 17 events with 5,202 attendees. This was one less event and 4,470 less attendees than in September 2011 . The number of September 2012 events fell one short of budget while attendance fell short of budget by 7,840. Two concerts which were planned did not occur. Event highlights for September included the return of public ice skating, Virginia Tech ice hockey, a Gabriel Iglesias concert, and VeggieTales. For FY13 year-to-date, there have been 48 events with 22,596 attendees. This was an increase of 2.1% or one more event, and an increase of 28.6% or 5,030 more attendees compared with the same period in FY12. The programming at Honorable Mayor and Members of Council November 19, 2012 Page 4 the Civic Center covers a wide variety of entertainment events which causes comparisons between years to vary. The FY13 year-to-date Operating Loss for the Civic Center was $689,000, an improvement of 0.2% or $1 ,000 from FY12. Revenues decreased by $386,000, while expenses decreased by $387,000. The year-to-date Change in Net Assets for FY13 was a decrease of $798,000, compared to an FY12 decrease of $797,000, a nearly identical performance for both years. Upcoming programming includes an indoor flea market, a Martina McBride Christmas concert, World Wrestling Entertainment (WWE) Raw tour, and the Virginia Cage Fighting Championships. Through September, the net operating loss for Global Spectrum, which manages the Civic facilities, has declined $138,000 compared to their original FY13 year-to-date budget. Parking Fund The City's Parking Fund operates seven garages and five surface lots with a total FY13 budget of $3.3 million. While each facility generates varying levels of income or loss, the Parking Fund as a whole meets all cash flow needs, including debt service, without a General Fund subsidy and generates sufficient working capital to fund facility improvements and repairs. The September FY13 year-to-date operating revenues decreased 7.4% or $62,000 compared to FY12. Facility revenues decreased about 6.1% or $45,000. Four facilities are ahead of FY12 and eight facilities are behind FY12. A major customer being two months in arrears reduced facility revenues by about $63,000, affecting three locations. The remaining $17,000 revenue decrease was due to lower on-street parking ticket fines and fees as a by- product of downtown construction as well as Virginia Western Community College (VWCC) initiating their own ticketing program in July 201 1 . The early months of FY12 still saw some ticket revenues from VWCC. FY13 revenues contain no revenues from VWCC. On the expense side, spending levels for FY13 are up 17.4%, or $58,000, compared to FY12. This is partially due to $18,000 of expense for a Parking Coordinator position now recorded in the Parking Fund. In FY12, this position was charged to General Fund. In addition, year-to-date maintenance expenses are up about $32,000, driven primarily by a new alarm system at Church Avenue. Year-to-date water and electric expenses increased also. Honorable Mayor and Members of Council November 19, 2012 Page 5 City of Roanoke Pension Plan The Pension Trust Fund experienced an investment gain of 5.2% for the fiscal year- to-date through September 2012, which reflects gains in the domestic equity, international equity, convertible bond, real estate and fixed income categories of investments. Investment performance for this period fell slightly below the Policy Portfolio benchmark performance of 5.3%, due to underperformance in the domestic equity investment allocation. Pension Plan investment decisions are made with a long-term view, and the Roanoke Plan has outperformed its benchmark on a three and five year measure. For the three month period ending September, 2012, Plan Net Assets increased $10.8 million. This was a result of $2.8 million in employer contributions and $15.6 million in net investment gains offset by $7.5 million in benefit payments and Plan administrative expenses. Benefits Paid to Participants increased 3.8% due to a combination of the 1 .5% cost of living adjustment provided to eligible retirees effective July 1 , 2013 and higher retirement allowances having been earned by more recent retirees. Closing In closing, the economy has continued to expand at a moderate pace. Strains in global financial markets continue to pose significant downside risks. Growth in employment has been slow. The August 2012 unemployment rate for the Roanoke MSA was 6.0% as compared to 5.8% for Virginia and 8.2% for the United States. The Federal Reserve is continuing its policy to hold interest rates at all-time lows and predicts this to continue through mid-2015. Overall, City taxes remain stable thus far in FY13. Sales tax has grown, and the City continues to benefit from consumer spending through the meals and lodging taxes. Current financial results indicate revenues and expenditures should perform according to budget when adjusted for some timing of contracts which affect year-to-year comparability. Please contact me with any questions you have on these financial statements. Sincerely, / 0OA. �� `t `Ukt \,r Ann H. Shawver Director of Finance Attachments Honorable Mayor and Members of Council November 19, 2012 Page 6 c: Christopher P. Morrill, City Manager Daniel J. Callaghan, 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 GENERAL FUND FOR ONE MONTH ENDED JULY 31,2012 STATEMENT OF REVENUE (UNAUDITED) Current Revenue Actual Actual Percent of Revenue Budget July 1 -July 31 July 1-July 31 Budget FY13 vs FY12 Revenue Source Budget Variance 2012-2013 2011-2012 Received Variance General Properly Taxes $ 103924,000 $ (103,347,127) $ 576,873 $ (768,037) 0.6% (175.1%) Other Local Taxes 71231,000 (70,927,367) 303,633 (1769,636) 0.4% (117.2%) Permits,Fees and Licenses 1013,000 (938,555) 74,445 57.235 7.3% 30.1% Fines and Forfeitures 1392,000 (1307,370) 84,630 96461 6.1% (12.3%) Revenue from Use of Money and Property 210,000 (192,473) 17,527 18.761 83% (6.6%) Intergovernmental 64,415000 (64,219,664) 195336 (1.058,040) 03% (1185%) Charges for Services 7,767,000 (7,416,199) 350.801 374,714 4.5% (6.4%) Internal Services 2,632,000 (2,498,398) 133,602 140,219 5.1% (4.7%) Transfers From Other Funds 10,000 (10,000) - - 0.0% #DIVIOI Miscellaneous Revenue 471 000 (379 881) 91,119 (28 653) 19.3% (418.0%) Total $ 253,065,000 $ (251,237,034) $ 1,827,968 $ (2,936,976) 0.7% (162.2%) STATEMENT OF EXPENDITURES AND ENCUMBRANCES (UNAUDITED) Current Actual Actual Percent of Expenditure Unencumbered July 1-July31 July 1 -July 31 Budget FY13 vs FY12 Expenditures Budget Balance 20122013 2011-2012 Obligated Variance General Government $ 13,392,288 $ 12013,242 $ 1,379.046 $ 1,517,013 10.3% (9.1%) Judicial Administration 7,800,201 7,215,169 585.032 545,525 7.5% 7.2% Public Safety 59,709,539 54,638,899 0070640 6,508,638 8.5% (22 1%) Public Works 25,190168 23.421.503 1,768,665 1,979,807 7.0% (10 7%) Health and welfare 37,116,310 34869,407 2,246,903 2,503,628 6.1% (10 3%) Parks.Recreation and Cultural 9495,921 8375517 1,120,404 1,313,745 11.8% (147%) Community Development 8,140,183 5,327,681 812,502 577,486 13.2% 407% Transfer to Debt Service Fund 14,005,255 13,537,895 467,360 553,348 3.3% (15.5%) Transfer to School Fund 72,770,400 60706,200 6,064,200 6,397,576 8.3% (52%) Nondepartmental 8,500045 7023,439 1 076 606 1,022,011 12.5% 5.3% Total $ 254,220,310 $ 233,628,952 $ 20,591,358 § 22,918,777 81% (10.2%) CITY OF ROANOKE,VIRGINIA CIVIC FACILITIES FUND COMPARATIVE STATEMENT OF REVENUES AND EXPENSES FOR THE ONE MONTH ENDED JULY 31,2012 (UNAUDITED) FY 2013 FY 2012 Operating Revenues Rentals $ 138,781 $ 158,640 Event Expenses 41,907 40,425 Advertising 29,805 38,710 Admissions Tax 15,217 12,083 Facility Surcharge/Ticket Rebate 11,294 12,992 Commissions 679 Ancillary 7,603 4,153 Miscellaneous 4,836 4,059 Total Operating Revenues 250,122 271,062 Operating Expenses Personal Services 97,043 130,898 Operating Expenses 229,003 267,331 Management Fees 30,474 29,500 Depreciation 73,646 78,205 Total Operating Expenses 430,166 505,934 Operating Lass (180,044) (234,872) Nonoperatinq Revenues/(Expenses1 Investment Income 5,310 4,854 Interest Expense (45,974) (48,757) Net Nonoperating Expenses (40,664) (43,903) Loss Before Transfers and Contributions (220,708) (278,775) Transfers and Contributions Transfer from Capital Projects Fund - 25,000 Net Transfers and Contributions - 25,000 Change in Net Assets $ (220,708) $ (253,775) 2 CITY OF ROANOKE, VIRGINIA PARKING FUND COMPARATIVE STATEMENT OF REVENUES AND EXPENSES FOR THE ONE MONTH ENDED JULY 31, 2012 (UNAUDITED) FY 2013 FY 2012 Operating Revenues Market Garage $ 42,490 $ 47,164 Elmwood Park Garage 45,318 50,593 Center in the Square Garage 26,262 25,262 Church Avenue Garage 63,789 52,291 Tower Garage 34,046 27,598 Gainsboro Garage 12,023 15,071 Campbell Garage 7,358 5,745 Williamson Lot 7,057 7,880 Higher Ed Center Lot 3,864 3,834 Market Lot 1,670 1,906 Elmwood Lot 7,420 6,300 Warehouse Row Lot 3,170 510 West Church/YMCA Lots 2,189 2,189 Off Street Parking Violations (All Locations) 2,165 1,112 On Street Parking Violations 29,132 32,956 Total Operating Revenues 287,953 280,411 Operating Expenses Operating Expenses 87,591 12,831 Depreciation 68,672 68,645 Total Operating Expenses 156,263 81,476 Operating Income 131,690 198,935 Nonoperating Revenues/(Expenses) Investment Income 4,894 4,379 Interest Expense (54,896) (59,235) Net Nonoperating Expenses (35,547) (54,856) Income Before Transfers and Contributions 96,143 144,079 Change in Net Assets $ 96,143 $ 144,079 3 CITY OF ROANOKE,VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED JULY 31,2012 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 JULY 31,2012. BALANCE AT BALANCE AT BALANCE AT JUN 30,2012 RECEIPTS DISBURSEMENTS JUL 31,2012 JUL 31,2011 CONSOLIDATED FUNDS $71,258,366.95 $29,082,778.52 $30,252,506.32 $70,088,639.15 $66,721,730.10 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 JULY 31,2012.THAT SAID FOREGOING: CASH CASH IN HAND $33,628.83 CASH IN WELLS FARGO BANK 6,709,007.48 CASH IN VALLEY BANK 2943 16 INVESTMENTS: LOCAL GOVERNMENT INVESTMENT POOL 15,903,831.92 SMITH BARNEY GOVERNMENT MONEY MARKET FUND 2,794,085.93 CERTIFICATES OF DEPOSIT 30,514,820.72 U. S.AGENCIES 4,000,000.00 VIRGINIA AIM PROGRAM(U. S. SECURITIES) 21,029.09 VIRGINIA SNAP PROGRAM(U. S. SECURITIES) 10,109,294.02 TOTAL $70,088,839.15 AUGUST 13,2012 ( 4, EVELYN POWERS,TREASURER 4 CITY OF ROANOKE PENSION PLAN STATEMENT OF CHANGES IN PLAN NET ASSETS FOR THE ONE MONTH ENDED JULY 31, 2012 (UNAUDITED) FY 2013 FY 2012 Additions/(Reductions): Employer Contributions $ 481,688 $ 464,449 Investment Income Net Appreciation/(Depreciation) in Fair Value of Investments 3,103,820 (3,545,014) Interest and Dividend Income (114,922) 78,145 Total Investment Gain/(Lass) 2,988,898 (3,466,869) Less Investment Expense _ 15,446 (98,591) Net Investment Gain/(Loss) 2,973,452 (3,368,278) Total Additions/(Reductions) $ 3,455,140 $ (2,903,829) Deductions Benefits Paid to Participants $ 2,513,594 $ 2,420,611 Administrative Expenses 957 (14,815) Total Deductions 2,514,551 2,405,796 Net Increase/(Decrease) 940,589 (5,309,625) Net Assets Held in Trust for Pension Benefits: Fund Balance July 1 320,627,639 330,422,281 Fund Balance July 31 $ 321,568,228 $ 325,112,656 Note: Negative income and expense amounts reflect the reversal of accrual accounting entries made for fiscal year-end reporting purposes. 5 CITY OF ROANOKE PENSION PLAN STATEMENT OF PLAN NET ASSETS JULY 31, 2012 (UNAUDITED) FY 2013 FY 2012 Assets Cash $ 1,977,599 $ 1,716,556 Investments, at Fair Value 322,077,150 325,052,879 Accounts Receivable 49,876 - Due from Other Funds 489,589 764,431 Total Assets $ 324,594,214 $ 327,533,866 Liabilities and Net Assets Liabilities: Due to Other Funds $ 3,024,995 $ 2,421,087 Accounts Payable 991 123 Total Liabilities 3,025,986 2,421,210 Net Assets Held in Trust For Pension Benefits $ 321,568,228 $ 325,112,656 6 CITY OF ROANOKE,VIRGINIA GENERAL FUND FOR THE TWO MONTHS ENDED AUGUST 31,2012 STATEMENT OF REVENUE (UNAUDITED) Current Revenue Actual Actual Percent of Revenue Budget July 1-August 31 July 1-August 31 Budget FY13 vs FY12 Revenue Source Budget Variance 2012-2013 2011-2012 Received Variance General Properly Taxes $ 103,924,000 $ (104,037,873) $ (113,873) $ (164,595) (0.1%) (30.8%) Other Local Taxes 71,231000 (67782,196) 3448,804 3,575,461 4.8% (3.5%) Permits,Fees and Licenses 1,013,000 (069630) 143,370 154,563 14.2% (7.2%) Fines and Forfeitures 1,392,000 (1,167,879) 224,121 167,161 18.1% 197% Revenue from Use of Money and Property 210,000 (182.025) 27,975 43,703 13.3% (36.0%) Intergovernmental 64415,000 (81,680.267) 2726,733 2,399,189 4.2% 13.7% Charges for Services 7,767.000 (6,633,001) 1,133,999 1029,535 14.6% 10.1% Internal Services 2632,000 (2.371,218) 260.782 281,314 9.9% (7.3%) Transfers From Other Funds 10,000 (10,000) - - 0.0% Miscellaneous Revenue 471 000 (344 831) 126,369 (8 564) 26.8% (1575.6%) Total $ 253,065,000 $ 1245,086,720) $ 7,978,280 $ 7,497,747 3.2% 6.4% STATEMENT OF EXPENDITURES AND ENCUMBRANCES (UNAUDITED) Current Actual Actual Percent of Expenditure Uncommitted July 1-August31 July 1-August31 Budget FY13 vs FY12 Expenditures Budget Balance 2012-2013 2011-2012 Obligated Variance General Government $ 13,379,553 $ 10590,559 $ 2,788,994 $ 2,789,395 20.8% (0.0%) Judicial Administration 7,805,023 6,436,158 1,368,855 1,279.428 17.5% 7.0% Public Safety 59,705,207 47,343,112 12,362,095 12,513,359 20.7% (I 2%) Public Works 25,049,860 17,714,968 7,334,892 3.928,113 29.3% 867% Health and Welfare 37,116,071 31,881,654 5,234,417 5,920,566 14.1% (11 6%) Parks.Recreation and Cultural 9,495,696 7,407,053 2,088,643 2,305,876 220% (94%) Community Development 6,159,131 4,616,150 1,542,981 1,233,492 25.1% 25.1% Transfer to Debt Service Fund 14,005,255 10881.846 3,323,409 3,828,269 237% (132%) Transfer to School Fund 72,770,400 60,542,000 12,128,400 12,734,916 16.7% (4.8%) Nondepadmental 8663,165 7,579 342 1083,823 1085,823 12.5% (0.2%) Total 254,149,361 $ 204,892,852 $ 49,256,509 $ 47,619,237 19.4% 3.4% 1 CITY OF ROANOKE,VIRGINIA CIVIC FACILITIES FUND COMPARATIVE STATEMENT OF REVENUES AND EXPENSES FOR THE TWO MONTHS ENDED AUGUST 31,2012 (UNAUDITED) FY 2013 FY 2012 Operating Revenues Rentals $ 169,825 $ 196,382 Event Expenses 48,622 55630 Advertising 36,555 45833 Admissions Tax 17,570 14,114 Facility Surcharge/Ticket Rebate 19,072 19513 Commissions 3,986 - Ancillary 6,881 6,713 Miscellaneous 10,952 17,735 Total Operating Revenues 313463 355,920 Operating Expenses Personal Services 191,943 225,645 Operating Expenses 375,357 408267 Management Fees 60,947 59,000 Depreciation 147,292 156410 Total Operating Expenses 775,539 849,322 Operating Loss (462,076) (493,402) Nonoperating Revenues/(Expenses) Investment Income 9,524 9,530 Interest Expense (81,776) (97,514) Net Nonoperating Expenses (72,252) (87,984) Loss Before Transfers and Contributions (534,328) (581,386) Transfers and Contributions Transfer from Capital Projects Fund - 25,000 Net Transfers and Contributions - 25,000 Change in Net Assets $ (534,328) $ (556,386) 2 • CITY OF ROANOKE, VIRGINIA PARKING FUND COMPARATIVE STATEMENT OF REVENUES AND EXPENSES FOR THE TWO MONTHS ENDED AUGUST 31, 2012 (UNAUDITED) FY 2013 FY 2012 Operating Revenues Market Garage $ 81,294 $ 100,531 Elmwood Park Garage 62,662 97,434 Center in the Square Garage 50,583 50,825 Church Avenue Garage 104,750 103,958 Tower Garage 66,978 54,102 Gainsboro Garage 21,926 28,396 Campbell Garage 13,844 10,471 Williamson Lot 11,110 14,371 Higher Ed Center Lot 8,223 8,152 Market Lot 3,462 3,963 Elmwood Lot 8,270 12,513 Warehouse Row Lot 6,292 3,626 West Church/YMCA Lots 4,378 4,378 Off Street Parking Violations(All Locations) 17,170 12,139 On Street Parking Violations 61,646 69,547 Total Operating Revenues 522,588 574,406 Operating Expenses Operating Expenses 126,069 108,894 Depreciation 137,344 137,290 Total Operating Expenses 263,413 246,184 Operating Income 259,175 328,222 Nonoperating Revenues/(Expensesl Investment Income 8,976 8,465 Interest Expense (111,145) (118,469) Net Nonoperating Expenses (84,714) (110,004) Income Before Transfers and Contributions 174,461 218,218 Change in Net Assets $ 174,461 $ 218,218 3 CITY OF ROANOKE,VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED AUGUST 31, 2012 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 AUGUST 31, 2012. BALANCE AT BALANCE AT BALANCE AT JUL 31,2012 RECEIPTS DISBURSEMENTS AUG 31,2012 AUG 31,2011 CONSOLIDATED FUNDS $70,088,639.15 $16,496,581.25 $35,129,272.21 $51,455,948.19 $50,507,452.04 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 AUGUST 31,2012.THAT SAID FOREGOING: CASH CASH IN HAND $20,606.76 CASH IN WELLS FARGO BANK 1,410,375.26 CASH IN VALLEY BANK 2,943.56 INVESTMENTS: LOCAL GOVERNMENT INVESTMENT POOL 10,305,648.65 SMITH BARNEY GOVERNMENT MONEY MARKET FUND 2,795,373.18 CERTIFICATES OF DEPOSIT 26,514,820.72 U.S.AGENCIES 4,000,000.00 VIRGINIA AIM PROGRAM(U.S.SECURITIES) 21,004.61 VIRGINIA SNAP PROGRAM(U. S. SECURITIES) 6,385,172.46 TOTAL $51,455,943.19 SEPTEMBER 14,2012 "FF-- ---At _ I EVELY . POWE'S,TREASURER 4 CITY OF ROANOKE PENSION PLAN STATEMENT OF CHANGES IN PLAN NET ASSETS FOR THE TWO MONTHS ENDED AUGUST 31, 2012 (UNAUDITED) FY 2013 FY 2012 Additions/(Reductions): Employer Contributions $ 1,985,968 $ 1,806,104 Investment Income Net Appreciation/(Depreciation) in Fair Value of Investments 8,851,008 (18,570,939) Interest and Dividend Income (123,183) 290,609 Total Investment Gain/(Loss) 8,727,825 (18,280,330) Less Investment Expense (220,933) (18,167) Net Investment Gain/(Loss) 8,948,758 (18,262,163) Total Additions/(Reductions) $ 10,934,726 $ (16,456,059) Deductions Benefits Paid to Participants $ 5,023,336 $ 4,844,148 Administrative Expenses 2,233 (9,424) Total Deductions 5,025,569 4,834,724 Net Increase/(Decrease) 5,909,157 (21,290,783) Net Assets Held in Trust for Pension Benefits: Fund Balance July 1 320,522,130 330,422,281 Fund Balance August 31 $ 326,431,287 $ 309,131,498 Note: Negative income and expense amounts reflect the reversal of accrual accounting entries made for fiscal year-end reporting purposes. 5 CITY OF ROANOKE PENSION PLAN STATEMENT OF PLAN NET ASSETS AUGUST 31, 2012 (UNAUDITED) FY 2013 FY 2012 Assets Cash $ 1,505,060 $ 3,412,185 Investments, at Fair Value 327,407,597 307,890,348 Accounts Receivable 19,304 - Due from Other Funds 19,567 253,129 Total Assets $ 328,951,528 $ 311,555,662 Liabilities and Net Assets Liabilities: Due to Other Funds $ 2,510,123 $ 2,424,049 Accounts Payable 10,118 115 Total Liabilities 2,520,241 2,424,164 Net Assets Held in Trust For Pension Benefits $ 326,431,287 $ 309,131,498 6 CITY OF ROANOKE,VIRGINIA GENERAL FUND FOR THE THREE MONTHS ENDED SEPTEMBER 30,2012 STATEMENT OF REVENUE (UNAUDITED) Current Revenue Actual Actual Percent of Revenue Budget July 1-September30 July 1-September30 Budget FY13 vs FY12 Revenue Source Budget Variance 2012-2013 2011-2012 Received Variance General Property Taxes $ 108924000 $ (77,682,906) $ 2%241094 $ 26,256,714 25.3% (0 1%) Other Local Taxes 71231000 (62,990,178) 8,240822 8,851.893 11.6% (7 0%) Permits,Fees and Licenses 1,013,000 (814,748) 198,252 209,553 196% (5.4%) Fines and Forfeitures 1,392,000 (1053,348) 338,652 271,237 243% 24.9% Revenue from Use of Money and Property 210,000 (172,012) 37,988 54,207 18.1% (29.9%) Intergovernmental 64415,000 (54,201.342) 10,213,658 10,372,835 15.9% (1.5%) Charges for Services 7,767000 (6,037.012) 1729,988 1540,558 22.3% 12.3% Internal Services 2,632,000 (2245,914) 38%086 417,741 147% (76%) Transfers From Other Funds 22,216 (10,000) 12,216 - 55.0% 100.004 Miscellaneous Revenue 471,000 (293 901) 177099 139504 37.6% 26.9% Total $ 253.077,216 5,205,501,36 $ 47,576,855 $ 48,136,242 18.8% (1.2%) STATEMENT OF EXPENDITURES(EXCLUDES ENCUMBRANCES) (UNAUDITED) Current Actual Actual Percent of Expenditure Uncommitted July 1-September 30 July 1-September 30 Budget FY13 vs FY12 Expenditures Budget Balance 2012-2013 2011-2012 Obligated Variance General Government $ 13,379,553 $ 10,000,132 $ 3,379,421 $ 3360,570 25.3% 06% Judicial Administration 7,805,023 5,872,467 1,932,556 1817,116 24.8% 6.4% Public Safety 59,721043 43,781488 15,933,555 15,541,173 26.7% 2.5% Public Works 25.049860 19,746,539 5,303,321 4,724,473 21 2% 12.3% Health and Welfare 37,116,071 29,724.759 7,391312 8097,896 19.9% (87%) Parks,Recreation and Cultural 9,495.696 6,907,267 2,588,429 2,480,446 273% 4.4% Community Development 6,171,347 4,452,870 1,718,477 1.224.967 2 7.8% 403% Transfer to Debt Service Fund 14.005,255 10,625156 3.380,099 3,884,209 24 1% (13 0%) Transfer to School Fund 72,770.400 54,577,800 18,192,600 19,132,492 25.0% (4.9%) Nondepartmental 8 847,329 7,591984 1 055345 1456,168 12.2% (8.7%) Total 254,161,577 $ 193.286,462 $ 60,875,115 $ 61,418,510 24.0% (0.9%) Note: Excluding the impact of the changes in Daycare and the Food tax rate, revenues were up 1.7%and expenditures were up 2.0%. 1 CITY OF ROANOKE,VIRGINIA CIVIC FACILITIES FUND COMPARATIVE STATEMENT OF REVENUES AND EXPENSES FOR THE THREE MONTHS ENDED SEPTEMBER 30,2012 (UNAUDITED) FY 2013 FY 2012 Operating Revenues Rentals $ 242,058 $ 557,848 Event Expenses 107,325 109,990 Advertising 40,722 50,730 Admissions Tax 25,614 48,409 Facility Surcharge/Ticket Rebate 33,823 64,207 Commissions 3,986 - Ancillary 10,296 10,129 Miscellaneous 19,880 28,312 Total Operating Revenues 483,704 869,625 Operating Expenses Personal Services 293,210 319,693 Operating Expenses 567419 917,299 Management Fees 91,421 88,500 Depreciation 220,938 234,615 Total Operating Expenses 1,172,988 1,560,107 Operating Loss (689,284) (690,482) Nonoperating Revenues/(Expenses) Investment Income 14,223 14,259 Interest Expense (122,667) (146,271) Net Nonoperating Expenses (108,444) (132,012) Loss Before Transfers and Contributions (797,728) (822,494) Transfers and Contributions Transfer from Capital Projects Fund - 25,000 Net Transfers and Contributions - 25,000 Change in Net Assets $ (797,728) $ (797494) 2 CITY OF ROANOKE, VIRGINIA PARKING FUND COMPARATIVE STATEMENT OF REVENUES AND EXPENSES FOR THE THREE MONTHS ENDED SEPTEMBER 30, 2012 (UNAUDITED) FY 2013 FY 2012 Operating Revenues Market Garage $ 120,026 $ 139758 Elmwood Park Garage 108,031 144,442 Center in the Square Garage 72,126 72799 Church Avenue Garage 167,072 157,151 Tower Garage 87,757 84,057 Gainsboro Garage 33,887 43,202 Campbell Garage 19,964 15,092 Williamson Lot 18,723 21,969 Higher Ed Center Lot 13,316 14,111 Market Lot 4,992 5,584 Elmwood Lot 15793 18,799 Warehouse Row Lot 11,937 6,725 West Church/YMCA Lots 6,568 6,568 Off Street Parking Violations (All Locations) 17,814 12,774 On Street Parking Violations 84,490 101,527 Total Operating Revenues 782,496 844,558 Operating Expenses Operating Expenses 392,614 334,321 Depreciation 206,016 205,653 Total Operating Expenses 598,630 539,974 Operating Income 183,866 304,584 Nonoperating Revenues/(Expenses) Investment Income 13,471 12,530 Miscellaneous 17,455 - Interest Expense (165,987) (177,704) Net Nonoperating Expenses (135,061) (165,174) Income Before Transfers and Contributions 48,805 139,410 Change in Net Assets $ 48,805 $ 139,410 3 CITY OF ROANOKE,VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED SEPTEMBER 30,2012 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 SEPTEMBER 30,2012. BALANCE AT BALANCE AT BALANCE AT AUG 31,2012 RECEIPTS DISBURSEMENTS SEP 30,2012 SEP 30,2011 CONSOLIDATED FUNDS $51,455,948.19 $44,239,675.28 $23,049,247.15 $72,848,378.32 $69,376,171.58 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 SEPTEMBER 30,2012.THAT SAID FOREGOING: CASH CASH IN HAND $68,674.38 CASH IN WELLS FARGO BANK 13,657,219.83 CASH IN VALLEY BANK 2,943.96 INVESTMENTS: LOCAL GOVERNMENT INVESTMENT POOL 29,207,756.83 SMITH BARNEY GOVERNMENT MONEY MARKET FUND 2,797,009.28 CERTIFICATES OF DEPOSIT 16,504,992.22 U. S.AGENCIES 4,000,000.00 VIRGINIA AIM PROGRAM(U.S.SECURITIES) 21,008.45 VIRGINIA SNAP PROGRAM(U.S. SECURITIES) 6,386,771.32 TOTAL $72,646,376.32 OCTOBER 15,2012iin VELYN POWERS,TREASURER 4 CITY OF ROANOKE PENSION PLAN STATEMENT OF CHANGES IN PLAN NET ASSETS FOR THE THREE MONTHS ENDED SEPTEMBER 30, 2012 (UNAUDITED) FY 2013 FY 2012 Additions/(Reductions): Employer Contributions $ 2,755,259 $ 3,194,378 Investment Income Net Appreciation/(Depreciation) in Fair Value of Investments 15,017,262 (35,838,629) Interest and Dividend Income 424,778 709,861 Total Investment Gain/(Loss) 15,442,040 (35,128,768) Less Investment Expense (189,267) (894) Net Investment Gain/(Loss) 15,631,307 (35,127,874) Total Additions/(Reductions) $ 18,386,566 $ (31,933,496) Deductions Benefits Paid to Participants $ 7,542,774 $ 7,268,588 Administrative Expenses 2,509 1,511 Total Deductions 7,545,283 7,270,099 Net Increase/(Decrease) 10,841,283 (39,203,595) Net Assets Held in Trust for Pension Benefits: Fund Balance July 1 320,545,500 330,416,109 Fund Balance September 30 $ 331,386,783 $ 291,212,514 Note: Negative income and expense amounts reflect the reversal of accrual accounting entries made for fiscal year-end reporting purposes. 5 CITY OF ROANOKE PENSION PLAN STATEMENT OF PLAN NET ASSETS SEPTEMBER 30, 2012 (UNAUDITED) FY 2013 FY 2012 Assets Cash $ 1,104,991 $ 4,219,383 Investments, at Fair Value 332,802,115 289,417,588 Due from Other Funds 3,182 - Total Assets $ 333,910,288 $ 293,636,971 Liabilities and Net Assets Liabilities: Due to Other Funds $ 2,523,348 $ 2,424,395 Accounts Payable 157 62 Total Liabilities 2,523,505 2,424,457 Net Assets Held in Trust For Pension Benefits $ 331,386,783 $ 291,212,514 6 Z I- OZ ` OE aaquaa}das papup syBuoW aaayl podad lepueuu alloueo jo ATD FY13 General Fund Overview • Adjusted for the reduction in the Meals tax rate and change in handling of Daycare, the FY13 adopted budget is 0.4% higher than the FY12 actual revenues. • Through September, actual FY13 revenues, as adjusted, have increased 1 .7%, a positive variance compared to expectation. • Other Local taxes increased 2.2% when adjusted for the rate change. Sales, Meals and Transient Occupancy taxes all posted strong growth as of September FY13. • Expenditures are budgeted at 0.1 % above FY12 actual when adjusted for the Eat for Education school funding and the Daycare reimbursement changes. • Expenditures YTD increased 8.9% when adjusted for school funding and Daycare changes. The increase is much higher than budgeted as a result of the timing of the service contract for paving in Public Works and contributions to the Roanoke Valley Convention and Visitors Bureau. 2 Sales Tax Growth I FY13 Revenue Estimate $ 18.788 M 4.0 w 3.0 c c 2.0 E 1.0 0.0 Two Months Ended 8/31 • Prior YTD Actual ❑ YTD Budget • YTD Actual Sales tax revenues increased 4.9% . Strong retail performance in July led this growth and is thought to be related to activity that followed the derecho event. 3 Meals Tax Shows Growth FY13 Revenue Estimate $12.502 M 4 3.5 3 2.5 ■ Prior YTD 2 Adjusted 1.5 ❑ YTD 1 Budget 0.5 YTD 0 Actual Two Mont hs Ended 8131 Revenue was 4. 1% higher than FY13 budget. The tax rate changed from 7 .0% to 5. 0% effective July 1 , 2012 . Adjusting for this, revenues were 6.8% over prior year. 4 Lodging Tax Exceeding Budget and Prior Year Transient Occupancy Tax Revenue Estimate $3. 153 M 1.00 immmii. 0.75 in • Prior YTD 2 0.50 ❑ YTD Budget . . • YTD Actual 0.25 0.00 • • 3 Months Ended 9/30 Lodging tax revenue increased 9. 1 % compared to FY12 and 4.6% compared to budget as a result of improved travel activity. 5 Cigarette Tax Exceeding Budget I Cigarette Tax Revenue Estimate $2 .409 M 1.00 0.75 y ° • Prior YTD 2 0.50 ❑ YTD Budget 2 • YTD Actual 0.25 0.00 3 Months Ended 9/30 Cigarette tax revenue has decreased 3.6% since FY12 but is 7.8% higher than budget. 6 Admissions Tax Admissions Tax Revenue Estimate $0.420 M 0.2 • Prior YTD 2 0.1 ❑ YTD Budget • YTD Actual 0 3 Months Ended 9/30 Admissions tax revenue decreased 5.6% since FY12 and is 2.5% below budget. An account that was delinquent in September has since paid, and October performance will reflect improvement. 7 Funding From the Commonwealth 25 % of Budget Budgeted revenues up $.807M or 1 % from FY12 FY13 FY12 FY13 % FY13 % Revenue Sep YTD Sep YTD $ Change Change Collect Trend Non- $ 580,000 $ 632,000 ($ 52,000) ( 8.2%) 71% categorical '° t Shared 1 ,287,000 1 ,315,000 ( 28,000) ( 2.1%) 14.6% Social 3,748,000 3,945,000 ( 197,000) ( 5.0%) Services Other 4,599,000 4,481 ,000 118,000 2.6% 23.3% lt Categorical • Non-Categorical decrease related to a timing issue that will be resolved. Excluding this, revenue would have been up 6.8% • Adjusting for the change in Daycare, Social Services increased 11 .2%. 8 Other Local Revenues All Other Revenues Comprise 5% of Budget FY13 FY12 FY13 % FY13 Revenue Sep YTD Sep YTD $ Change Change Collected Trend Permits $ 198,000 $ 210,000 ( $ 12,000) ( 5.4%) 19.6°f' Fines & 339,000 271 ,000 68,000 24.9% 24.3% 't' forfeitures Interest & 38,000 54,000 ( 16,000) (29.9%) 181% rental Charges for 1 ,730,000 1 ,541 ,000 189,000 12.3% 22.3% At services Internal 386,000 418,000 ( 32,000) (7.6%) 14.7% services Miscellaneous 189,000 139,000 50,000 35.7% 38.4% A • Fines and forfeitures up from increased collections of delinquent personal property taxes. • Charges for services increased due to timing of reimbursements for Housing Federal Prisoners as well as improved EMS collections. 9 • Miscellaneous increased due to proceeds from a class action suit with Verizon. Personnel ( Salary/Benefit) Lapse Performing Ahead of Target $50 co c $40 $30 to •L 2 $20 ea cn $10 Target Actual 3 Mo Ended 9/30 Fiscal Year savings projected to exceed budget by $100,000. YTD expenditure is .7% or $182,000 ahead of 10 target. Workers ' Compensation Expenses Above Target $2,000 N $1 ,500 2 $1 ,000 2 $500 0 t $0 ~ Target Actual 3 Mo Ended 9/30 YTD expense is 23.8% or $368,000 above target of $ 1 .54M related to an increase in expenditures on large claims and as a result of several older claims with ii ongoing costs. Comprehensive Services Act Expenses Above Target $5.0 $4.0 _ $3.0 .o $2.0 $1 .0 2 $0.0 FY 2012 Actual FY 2013 Actual Target 3 Mo Ended 9/30 YTD expenses are 30.2% or $364,500 above target of $ 1 .2M . This category continues to be viewed with caution due to uncertainty regarding final FY13 expenditures. 12 Residential Juvenile Detention Expenses Below Target $1,000 , $800 c $600 m i $400 r $200 ~ $0 Target Actual 3 Mo Ended 9/30 YTD expense 29% or $100,000 below target of $333,000 13 Solid Waste Tipping Fees Above Target $1000 - - - --- - 9 _- $750 -- -- - N m $500 F- $250 $0 - _ __._ -. - I Target Actual 3 Mo Ended 9/30 YTD costs are 10.6% or $58,000 above target of $2. 1M . Increase above target is attributed to derecho storm debris. Reimbursement for storm related damages has been applied for from FEMA and VDEM . 14 Motor Fuel Expenses Above Target $1 ,000 $750 ca ca $500 2 $250 ~ $0 Target Actual 3 Mo Ended 9/30 YTD expense 11 .7% or $52,000 above a non-seasonally adjusted target of $443k. Increase above target is attributed to derecho storm related clean up expenses. Costs are controlled by practice of contracting for fuel . 15 Civic Facilities Fund Comparative Statement of Revenues and Expenses For the Three Months Ending September 30, 2012 FY 2013 FY 2012 Variance Total Operating Revenues $ 483,704 $ 869,625 (44%) Total Operating Expenses 1,172,988 1,560,107 25% Operating Loss (689,284) (690,482) 0% Net Nonoperating Expenses (108,444) (132,012) 18% Loss Before Transfers and Contributions (797,728) (822,494) 3% Net Transfers and Contributions - 25,000 100% Change in Net Assets $ (797,728) $ (797,494) (0%) • 48 events FY13 YTD which is an increase of one event over one year ago • September 2012 had one less event than budget and fell short of budgeted attendees by 7,840 • September events included the return of public ice skating, Virginia Tech ice hockey, a Gabriel Iglesias concert, and VeggieTales. • Decreased operating expenses which outpaced decreased operating revenues contributed to an operating loss improvement just below prior year.16 • Parking Fund Comparative Statement of Revenues and Expenses For the Three Months Ending September 30, 2012 FY 2013 FY 2012 Variance Total Operating Revenues $782,496 $844,558 (7%) Total Operating Expenses 598,630 539,974 (11%) Operating Income 183,866 304,584 (40%) Net Nonoperating Expenses (135,061) (165,174) 18% Income Before Transfers and Contributions 48,805 139,410 (65%) Change in Net Assets $ 48,805 $ 139,410 (65%) • Operating Revenues decreased $62K primarily due to a major customer being two months in arrears. • Parking Fund operating expenses increased $58K mainly resulting from a new alarm system at Church Avenue. 17 Pension Plan Trust Roanoke Asset Allocation 9/30/12 Performance Period Pension Plan Policy One Month 2.0% 2.3% PP"-----` Fiscal YTD 5.2% 5.3% One Year 21.4% 19.6% Three Years 10.5% 10.0% Five Years 3.0% 2.0% • US Equities 400 EMINIP11 • Cash Equiv • Low (2/28/09) ■ Real Estate 350 ' ■ 6/30/08 ❑ Balanced • Convertibles 300 . I ■ 6/30/09 • International Equities • US Fixed Income 250 ' • 6/30/10 ❑ International Emerging Equities 200 I ' • 6/30/11 ■ Infrastructure Funds 150 ' I ❑ 6/30/12 • 9/30/12 100 Pension Plan assumed rate of return is Market Value Assets ■ High (10/31/07) (Millions) 7.75% 18 Unemployment Trends 9.0% 8.0% ' • Dec 11 7.0% I D Mar 12 6.0% I II Er A mm. ' ■ Jun 12 5.0% I . . � ` ' ■ Jul 12 4.0% I . , { I • Aug 12 3.0% Roanoke VA US August unemployment rates decreased for the US, Virginia and the Roanoke MSA. 19 City Performance Stable Through September • Several local taxes continue to demonstrate strong growth : sales, meals and lodging taxes in particular • Expenditures through September are ahead of budget but this is early in the fiscal year and variances are expected to be resolved • Pension Plan is performing slightly under policy target in the short term but is exceeding policy target in the longer one to five year terms • Roanoke Pension Plan in top decile for the year and in top third of plans for five years 20 CITY OF ROANOKE OFFICE OF THE CITY CLERK '"V ; IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of November, 2012. No. 39540-111912. A RESOLUTION adopting and endorsing a Legislative Program for the City to be presented to the City's delegation to the 2013 Session of the General Assembly. WHEREAS, the members of City Council are in a unique position to be aware of the legislative needs of this City and its people; WHEREAS, previous Legislative Programs of the City have been responsible for improving the efficiency of local government and the quality of life for citizens of this City; WHEREAS, Council is desirous of again adopting and endorsing a Legislative Program to be advocated by the Council and its representatives at the General Assembly; and WHEREAS, the Legislative Committee of City Council has by report, dated November 19, 2012, recommended to Council a Legislative Program to be presented at the 2013 Session of the General Assembly; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Legislative Program transmitted by report of the Legislative Committee, dated November 19, 2012, is hereby adopted and endorsed by the Council as the City's official Legislative Program for the 2013 Session of the General Assembly. 2. The Clerk is directed to issue cordial invitations to the City's Senator and Delegates to the 2013 Session of the General Assembly to attend Council's meeting relating to legislative matters, to be held at 9:00 a.m., on December 3, 2012. ATTEST:l��jt�v,l�'�'�LIJ a ' I •�111`� City Clerk. K.LEGIS\2012-2013 Program'asolution adopting programsloc CITY OF ROANOKE CITY COUNCIL € 215 Church Avenue.S.W. ■ Noel C.laylor Municipal B ldi g.Suite 456 Roanoke,Virginia 24011-1536 — Telephone: (540)853-2541 DAVID A.ROWERS Fax: (540)853-1145 council Members nlaror William D. Bestpitch Raphael E."Ray"Ferris Sherman P.Lea Anita J.Price Court O. Rosen David B.Trinkle November 19, 2012 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: 2013 Legislative Program Dear Mayor Bowers and Members of Council: City Council's Legislative Committee has met twice to review the proposed 2013 Legislative Program. A copy of the proposed Legislative Program for this year is attached. After careful review, the Committee recommends it to City Council for favorable action. The School Board portion of the Program was approved by the School Board. As Chair of the Legislative Committee, I wish to thank the other members of Council, who comprise the Committee, including Mr. Willis and Ms. Lewis of the School Board. As Chair of the Legislative Committee, I commend the Program to City Council for its approval. lam confident the members of the Council will agree that the recommended Program will advance the legislative interests of the City and its people at the 2013 Session. Respectfully submitted, 1546/;1444 ,e; 214,141-1, Ray Ferris, Chair Legislative Committee LSC/I Attachments c: Christopher P. Morrill, City Manager Daniel J. Callagahan, City Attorney Dr. Rita Bishop, Superintendent Annette Lewis, Member, Legislative Committee Dick Willis, Member, Legislative Committee Stephanie M. Moon, City Clerk Roanoke City Council 2013 Legislative Program November 19, 2012 In addition to the local issues discussed below, we incorporate the Virginia Municipal League's 2013 Legislative Program and policy statements which can be found at http://www.vml.org/Legact.html Passenger Rail Service The City of Roanoke thanks the Governor and the General Assembly for providing State funding to operate the Smart Way Connector bus service between Roanoke and Lynchburg for FY 13. The City of Roanoke strongly supports efforts by the Virginia Department of Rail and Public Transportation to extend passenger rail service from Roanoke to Lynchburg and then to Washington, D.C. It is our desire that this service begin operations as soon as possible. The City of Roanoke is committed to doing its part by constructing a passenger rail station. The City calls on the General Assembly to enact legislation in the 2013 Legislative Session that will provide a dedicated revenue source to fund intercity passenger rail service in Virginia. As Roanoke is the largest city in Virginia without passenger rail service, priority should be given to funding and operating passenger rail service between Roanoke and Lynchburg. Local Aid to the Commonwealth The Commonwealth of Virginia has balanced its budget by failing to meet its obligations to Virginia's local governments. We call on the General Assembly to meet its obligations to local governments and constitutional officers by ending its budgetary raid on Aid to Localities. The City supports budget amendments in the 2013 legislative session to restore the $50 million reduction included in the FY13 budget, and supports eliminating this across-the-board reduction in FY14 and in any future budgets. The FY 2013 impact to the City of Roanoke would have been $1,210,720. This would also assist all jurisdictions receiving funding from the Commonwealth of Virginia for specific Distributing Agencies. Public Service Centers to be located where citizens can access them by Public Transportation The City requests that the Commonwealth and Federal governments to locate service centers that serve the citizens of the City of Roanoke, such as social security offices and probation offices in areas that are accessible to citizens in need of public transportation. 1 Maintain the number of circuit court judges assigned to the 23rtl Judicial Circuit The City urges the Commonwealth to continue to fund the 6 circuit court judges approved for the 23r1 Judicial Circuit. It is critical that our citizens have fair, timely and adequate access to the judicial system. Timely access to the judicial system is critical. Should the two retiring circuit court judges not be replaced, we will experience an inordinate increase in the case load for the remaining judges that will make it very difficult for the citizens of Roanoke, Salem and Roanoke County to have their cases heard in an orderly and efficient manner. Plastic Bags The City supports legislation that would prohibit retailers from providing customers with plastic bags unless they are (i) durable with handles, (ii) at least 2.25 mils thick, and (iii) specifically designed and manufactured for multiple use. San Francisco, the Outer Banks (Currituck, Dare and Hyde Counties), and several other cities (including Paris and London) have banned such bags, and several other states and cities are considering such a ban. One reason for this request is that the City's Transportation Division reports that it must spend as much time picking up discarded plastic bags from City rights-of-way as it does in mowing along them. In the alternative, the City requests that localities be authorized to impose a fee on each plastic bag distributed by retailers, with such fees to be devoted to litter prevention. Uranium Mining Uranium mining, milling and waste disposal of generated wastes poses health and environmental problems for the citizens of Roanoke. The City of Roanoke is located within fifty (50) miles of the proposed mining site in Pittsylvania County. If these uranium mining activities are permitted, the City is concerned that radiation and other pollutants from mill tailings may occur, contaminating our water supplies and the Roanoke River. The presence of large quantities of airborne radioactive dust in the Roanoke Valley would have an adverse impact on future economic development for the region. In light of these significant concerns, the City Council adopted Resolution No. 39257- 112111 on November 21, 2011 to express its opposition to lifting the moratorium on uranium mining in the Commonwealth of Virginia. VML also recognizes the significance of this issue. In recommending continuation of the moratorium, VML urges that: [a]ny studies or efforts to develop a regulatory framework ...address the concerns, warnings, and conclusions contained in the National Academies of Science report to the Commonwealth entitled "Uranium Mining in Virginia" and dated December 2011. Therefore, for the foregoing reasons the City of Roanoke opposes the mining and milling of uranium within the Commonwealth of Virginia. 2 Vacant Building Registration Section 15.2-1127, Code of Virginia, authorizes cities, by ordinance, to require the owners of buildings that have been vacant for a continuous period of twelve months or more to register such buildings on an annual basis, and to impose an annual registration fee not to exceed $25.00. This registration fee is insufficient to defray the cost of processing such registration. Legal Advertising The City and its citizens expend tens of thousands of dollars annually to publish legal ads in newspapers, as required by various State laws for various types of notices. The City supports legislation that would permit legal ads to be published on a locality's World Wide Web site or advertised on radio or television in order to reduce costs to the City and its citizens. During the last fiscal year, the City paid $xx,xxx to publish these notices in newspapers. Examples from the Code of Virginia: Section 15.2-2204.A. Notice of all zoning text amendments and rezonings must be advertised twice before they are considered by the planning commission, then twice again before being considered by the governing body. Section 15.2-2606.A. Two ads must be published for all public hearings on bond issues. Section 15.2-3107. Two ads must be published before localities can agree on voluntary boundary line adjustments. Section 15.2-107. Two ads must be published before zoning or subdivision fees, or sewer and water fees, can be imposed or raised. Advertising City Procurements The City supports legislative proposals to allow procurements made by the City and other Virginia localities to be advertised on the Commonwealth's Internet procurement portal, known as "e-va". The website address is www.eva.virainia.aov. This legislation should be local option. Having local and state procurements on the same website is both pro- business and pro-taxpayer and is in keeping with Virginia's policy of open government in the sunshine. Localities should continue to be allowed to publish and archive procurements on their own websites as well. Update the list of Schedule 1 Substances The City supports legislation to update the existing list of Schedule 1 substances to include the substances that were outlawed by the Federal Government as part of the Synthetic Drug Abuse Prevention Act of 2012. (Work with the Commonwealth Attorneys' Association.) 3 Amendment regarding Juvenile Delinquency and Street Gangs The City of Roanoke requests the amendment of Section 16.1-300.A.1 to remove "... by order of the Court," and 16.1-309.1.0 to remove "...however, the Department and local court service unit shall not release the identifying information of a juvenile not affiliated with or involved in a criminal street gang unless that information relates to a specific criminal act." By amending these sections it would allow juvenile justice, law enforcement, and social services to share information about at-risk juveniles to help facilitate better outcomes. The change would improve efficiency and allow juvenile justice issues to be resolved in a more timely and efficient manner. (Work with the Commonwealth Attorneys' Association.) Unfunded Mandates The City opposes any new state mandates that are not fully funded by the Commonwealth, and oppose the shifting of fiscal responsibility from the state to localities for existing programs. 4 City of Roanoke Public Schools 2013 Legislative Program Funding for Education The Commonwealth has a constitutional duty to meet its education funding obligations. The Roanoke City Public Schools (Schools) is operating with the same level of funds provided in 2005. The City and Schools support full funding of State education programs including the Standards of Quality, incentive, categorical, and school facilities programs. The City and Schools oppose changes in methodology and changes in the division of financial responsibility that result in a shift of funding responsibility from the State to localities. As an example, we oppose the elimination or decrease in funding by the Commonwealth for State mandated benefits for school employees. The City and the Schools oppose policies that lower the Commonwealth's contributions to education under the Standards of Quality or other programs, but do nothing to address the cost of meeting the requirements in the Standards of Accreditation and Standards of Learning. The Commonwealth should not continue to maintain and increase educational requirements while at the same time decreasing funding from the Commonwealth. Allow Roanoke City School Board to select the School Start Date The City and the Schools support amendments to Virginia Code Section 22.1-79.1 that would afford the Roanoke City School Board the discretion to select the School Start Date that best suits the needs of its students and those of the school division. The control of the public school calendar by the local school board would provide local flexibility and control over opening dates to allow the Roanoke City School Board to have time to provide for required remediation and teacher training. Additionally, it would allow the Roanoke City School Board to ensure its schedule does not conflict with the articulation agreement with Virginia Western Community College (ref. Virginia Code Section 23- 9.2:3.02) which allows dual enrollment opportunities for its students. Furthermore, RCPS believes that additional instructional days prior to administering the Standards of Learning (SOL) tests would result in improved student performance on the SOL tests. 5 �a.� CITY OF ROANOKE t 4 OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.,Suite 456 4? * Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: clerk@roanokeva.gov JONATHAN E.CRAFT City Clerk Deputy City Clerk CECELIA T.WEBB Assistant Deputy City Clerk November 20, 2012 Cindy H. Poulton, Clerk Roanoke City School Board P. O. Box 13145 Roanoke, Virginia 24031 Dear Ms.Poulton: I am enclosing copy of Budget Ordinance No. 39541-111912 appropriating funding from the Federal and Commonwealth governments and private grants for various educational programs, and amending and reordaining certain sections of the 2012-2013 School Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 19, 2012, and is in full force and effect upon its passage. Sincerely, Ste n , . Step anie M. Moon, MMC City Clerk Enclosure pc: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Ann H. Shawver, Director of Finance Amelia Merchant, Director, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of November, 2012. No. 39541-111912. AN ORDINANCE to appropriate funding from the Federal and Commonwealth governments and private grants for various educational programs, amending and reordaining certain sections of the 2012-2013 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2012-2013 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Instructional Coach 302-110-0000-0340-157G-61100-41125-2-01 $ 65,000 Resource Teacher 302-110-0000-0340-1570-61100-41121-2-01 45,000 Data Coach/Manager 302-110-0000-0340-157G-61100-41125-2-01 45,000 Home-School Coordinator(PT) 302-110-0000-0340-157G-61100-41125-2-01 24,000 Teacher Assistants 302-110-0000-0340-157G-61100-41141-2-01 96,000 Supplemental Pay Stipends 302-110-0000-0340-157G-61100-41129-2-01 75,635 Retiree Health Credit 302-110-0000-0340-157G-61100-42200-2-01 2,104 Social Security 302-110-0000-0340-1570-61100-42201-2-01 26,823 Virginia Retirement System 302-110-0000-0340-1570-61100-42202-2-01 31,621 Health/Dental 302-110-0000-0340-1570-61100-42204-2-01 8,000 Group Life Insurance 302-110-0000-0340-157G-61100-42205-2-01 982 Purchased Services 302-110-0000-0340-1570-61100-43313-2-01 41,500 Travel-Mileage 302-110-0000-0340-157G-61310-45551-2-01 4,000 Science Instructional Coaches 302-110-0000-0400-157G-61100-41125-3-01 96,000 Math Remediation Teacher 302-110-0000-0400-157G-61100-41121-3-01 45,000 Math Tutors 302-110-0000-0400-1570-61100-41121-3-01 57,600 Supplemental Pay Stipends 302-110-0000-0400-157G-61100-41129-3-01 104,512 Database Administrator 302-110-0000-0400-157G-61100-41125-3-01 45,000 Retiree Health Credit 302-110-0000-0400-1570-61100-42200-3-01 2,089 Social Security 302-110-0000-0400-157G-61100-42201-3-01 23,127 Virginia Retirement System 302-110-0000-0400-1570-61100-42202-3-01 31,109 Health/Dental 302-110-0000-0400-1570-61100-42204-3-01 4,000 Group Life Insurance 302-110-0000-0400-157G-61100-42205-3-01 975 Purchased Services 302-110-0000-0400-157G-61100-43313-3-01 151,300 Travel—Mileage 302-110-0000-0400-1570-61310-45551-3-01 4,000 Materials and Supplies 302-110-0000-0400-157G-61100-46614-3-01 3,000 Testing and Evaluation 302-170-3000-1160-314G-61100-45584-3-03 2,296 Contracted Services 302-120-0000-1000-751G-61100-43313-2-02 1,000 Contracted Services 302-120-0000-1000-751G-61100-43313-3-02 1600 Books 302-120-0000-1000-7510-6110033313-2-02 1,427 Books 302-120-0000-1000-7510-61100-43313-3-02 1,883 Revenues Federal Grant Receipts 302-000-0000-0000-157G-00000-38377-0-00 1,033,377 State Industry Certification Receipts 302-000-0000-0000-314G-00000-32349-0-00 2,296 Private Foundation Grant Receipts 302-000-0000-0000-751G-00000-33808-0-00 5,310 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ity Clerk r 1 1 O•ir•-J riiii t ROANOKE CITY PUBLIC SCHOOLS November 19, 2012 School Board David B. Carson The Honorable David Bowers, Mayor Chairman and Members of Roanoke City Council Todd A. Putney Roanoke, VA 24011 Vice Chairman Dear Members of Council: Mae G. Huff Annette Lewis As a result of official School Board action on Monday, November 12, Suzanne P. Moore 2012, the Board respectfully requests City Council approve the following Lori E. Vaught appropriation requests: Richard Willis Dr. Rita D. Bishop Appropriation Total Award superintendent Title I-A School Improvement 1003(g) 2012-13 $1,033,377 Cindy H. Poulton Clerk of the Board Workplace Readiness for the Commonwealth 2012-13 2,296 Foundation for Roanoke Valley 2012-13 5,310 The School Board appreciates your approval of the appropriation requests as submitted. Sincerely, Cindy H. Poulton, Clerk pc: Dan Callaghan Rita D. Bishop Chris Morrill Curt Baker Ann Shawver Margaret Lindsey David B. Carson Acquenatta Harris (w/details) p: 540-853-2381 f:540-853-2951 P.O. Box 13145 Roanoke,VA 24031 www.rcps.info v2oit 4,1 A > " CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 19, 2012 Subject: School Board Appropriation Request Background: As the result of official School Board action at its November 12th meeting, the Board respectfully requested that City Council appropriate funding as outlined in this report The Title I-A School Improvement 1003(g) program grant of $1 ,033,377 provides federal funds to aid the division in its efforts to increase student learning at low- performing schools. The School Improvement 1003(g) funds were made available to Lincoln Terrace Elementary and William Fleming High School for a three year period beginning in 2012. This is the award for the second year of the program. This program will be fully reimbursed by federal funds and will end September 30, 2013. This is a continuing program. The Workplace Readiness for the Commonwealth Exam Allocation 2012-13 program award of $2,296 from state funds will fund a portion of the cost for standard diploma graduates to take the Workplace Readiness Skills for the Commonwealth Examination and associated pre-tests. This is a new program that will be fully reimbursed from state funds and will end May 31 , 2013. The Foundation for Roanoke Valley Shedd Endowment Award 2012-13 award of $5,310 represents funding provided by the Foundation for Roanoke Valley from the Dr. Charles L. Shedd Endowment Fund. This award is to pay for the presentation fee for Dr. Michael C. McKenna and books for elementary and secondary teachers participating in a special education symposium. This program is fully paid for out of these private foundation funds and will end June 30, 2013. This is a new program. Recommended Action: We recommend that Council concur with this report of the School Board and adopt the attached budget ordinance to establish revenue estimates and to appropriate funding as outlined. Mayor and Members of City Council November 19, 2012 Page 2 AN . S' s VER Director of Finance Distribution: Council Appointed Officers Rita D. Bishop, Superintendent, RCPS Curtis Baker, Deputy Superintendent for Operations, RCPS CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 Act .° Roanoke,Virginia 24011-1536 Telephone: (590)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mv1: clerk@roanokeva.gov JONATHAN E.CRAFT City Clerk Deputy City Clerk CECELIA T.WEBB Assistant Deputy City Clerk November 20, 2012 Compton M. Biddle, Attorney Osterhoudt, Prillaman, Nett, Helscher,Yost, Maxwell & Ferguson, PLC 3140 Chaparral Drive, Suite 200-C P. O. Box 20487 Roanoke, Virginia 24018 Dear Mr. Biddle: I am enclosing copy of Ordinance No. 39542-111912 rezoning property located at 1917 Franklin Road, S. W., bearing Official Tax Map No. 1272801, to CG, Commercial General District, with conditions, as set forth in the Zoning Amended Application No. 3 dated October 17, 2012, such proffers relating to the number of motor vehicle trips generated by all of the uses on the subject property, and the proffer accepted by City Council by its adoption of Ordinance No. 38343-012209 on January 22, 2009, relating to electronic readerboards. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 19, 2012, and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon, MMC City Clerk Enclosure Compton M. Biddle, Attorney November 20, 2012 Page 2 pc: Roanoke Chapter National Railway Historical Society, P. 0. Box 13222 Roanoke, Virginia 24032 Shrinath Enterprises, LLC, 1927 Franklin Road, S. W., Roanoke, Virginia 24014 Chandler Mohan, P. 0. Box 1646, Lake City, Florida 32056-1646 Timberbrook Properties VI, LLC, 5100 Bernard Drive, S. W., Roanoke, Virginia 24018 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Steve Talevi, Assistant City Attorney Philip Schirmer, City Engineer Ann H. Shawver, Director of Finance Susan Lower, Director, Real Estate Valuation Rebecca Cockram, Secretary, City Planning Commission \ \ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of November, 2012. No, 39542-111912. 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 by title of this ordinance. WHEREAS, Ssunny Shah, on behalf of Lorrd Ganeshji, Inc., has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have a property located at 1917 Franklin Road, S.W., bearing Official Tax Map No. 1272801, rezoned by deleting an existing proffer and adding a new proffer, such property to remain CG, Commercial District, with conditions; 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 Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on November 19, 2012, 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 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, 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. L: 1TORNEFA DATA AMMCoIeATaleviAMeasuresWlanning Commission MeasuresVOrd-1917 Franklin Road rezone property.doc THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax Map No. 1272801, be, and are hereby rezoned to CG, Commercial General District, with conditions, as set forth in the Zoning Amended Application No. 3, dated October 17, 2012, such proffers relating to the number of motor vehicle trips generated by all of the uses on the subject property, and the proffer accepted by City Council by its adoption of Ordinance No. 38343-012209, on January 22, 2009, relating to electronic readerboards. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk LoATTORNEY\DATA\MMCoIe\Talevi\Measures\Planning Cominisston Measures\Old-I 917 Franklin Road rezone properry.doc 2 (tit � =^ CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 17, 2012 Subject: Ssunny Shah, on behalf of Lorrd Ganeshji, Inc., to amend conditions proffered as part of a rezoning at 1917 Franklin Road, S.W., bearing tax no. 1272801 . The application is to amend a certain condition related to limitation of permitted uses. The zoning of the property will remain Commercial-General District, (CG), permitting these land use categories: accommodations and group living; commercial; industrial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory; with a maximum floor area ratio of 5.0. The comprehensive plan designates the property for office use. The proposed use of the property is commercial. Planning Commission Public Hearing and Recommendation: The Planning Commission held a public hearing on Thursday, October 18, 2012. By a vote of 6-0, the Commission recommended approval of the rezoning request, finding the Amended Application No. 3, dated October 17, 2012, to be consistent with the Zoning Ordinance, Vision 2001-2020, and the Riverland/Walnut Hill Neighborhood Plan. Application Information Request: Amendment of Proffered Conditions Owner: Lorrd Ganeshji, Inc. Applicant: N/A Authorized Agent: Compton M. Biddle, Agent for Lorrd Ganeshji, Inc. City Staff Person: Katharine Gray, Land Use and Urban Design Planner Site Address/Location: 1907 Franklin Road, SW Official Tax Nos.: 1272801 Site Area: 3.34 acres Existing Zoning: CG (c), Commercial-General District with conditions Proposed Zoning: CG (c), Commercial-General District with conditions Existing Land Use: Commercial Proposed Land Use: Commercial Neighborhood Plan: Franklin Road/Colonial Avenue Area Plan Specified Future Land Office Use: Filing Dates: Original Application: September 6, 2012 Amended Application #2: October 9, 2012 Amended Application #3: October 17, 2012 Background The property was rezoned from MX (Mixed Use District) to CG (Commercial - General District), with conditions, in 2009. The proffers adopted in 2009 limit the uses to particular low traffic volume uses. In February 2012, Mr. Shah met with staff from the City of Roanoke to discuss amending the proffers for the parcel at 1907 Franklin Road, SW to enable a wider range of uses on the site. The proposed amendment of proffers would remove the existing proffers and replace them with new proffers. Conditions Proffered by the Applicant The new proffers would limit the use of the parcel based on vehicle trips per peak hour. The existing proffer regarding the prohibition of electronic readerboards would remain. Considerations Surrounding Zoning and Land Use: Zoning District Land Use North ROS - Recreation and Open Space Park District South CG (c), Commercial-General District Hotel with conditions East CG, Commercial-General District Vacant West MX, Mixed Use District Motor vehicle repair or service establishment, vacant Compliance with the Zoning Ordinance: No site development is proposed that would trigger requirements. Conformity with the Comprehensive Plan and Neighborhood Plan: Both Vision 2001-2020 and the Franklin Road/Colonial Avenue Area Plan recognize the need for the redevelopment of vacant or underused sites in a 2 manner that reinforces the physical and social fabrics of the existing neighborhood. The parcel is located at the end of a commercial area bounded on one side by the Roanoke River. The change in proffered conditions will grant the owner maximum use of the parcel while guarding against traffic problems that could arise otherwise. Relevant Vision 2001-2020 policies: • ED P6. Commercial Development. Roanoke will encourage commercial development in appropriate areas (I.e., key intersections and centers) of Roanoke to serve the needs of citizens and visitors. Relevant Franklin Road/Colonial Avenue Area Plan policies: Community Design Policies • Neighborhood Character: Established neighborhoods should retain their current character and development patterns. Economic Development Actions • Franklin Road: Maintain commercial zoning that will retain existing businesses and attract new establishments. City Department Comments: None Public Comments: Jim Crosby of the Roanoke Chapter of the National Railway Historical Society called for clarification on the proposed change in proffered conditions. Planning Commission Work Session: None. Planning Commission Public Hearing Discussion: Mr. Williams asked for clarification on the need for proffers relating to traffic. Ms. Gray stated that it was due to the character of the flag lot, nature of the Franklin Road Corridor itself, and the ability to enter and exit onto the Franklin Road Corridor. 3 AV -72717 A a atz, Chair City Planning Commission cc: Chris Morrill, City Manager R. Brian Townsend, Assistant City Manager Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Ssuny Shah, Lorrd Ganeshji, Inc. Compton M. Biddle, Osterhoudt, Prillaman, Nan, Helscher, Yost, Maxwell, & Ferguson, PLC 4 • a,r r_ l t=I y 0)1 1 I a rl, ;To ' ( tli €0 Li r f ftl Cft Li! Jsi6;o rr" \1 o ) ( � -1 i I I a �i l ill p N K F Department of Planning, Building and Development OCT 17 2012 'R`OA I `O' " Room 166.Noel C.Taylor Municipal Building 215 Church Avenue,S.W. Virginia 24011 CITY OF ROANOKE Roanoke,Virginia PLANNING BUILDING AND DEVELOPMENT Phone: (540)853-1730 Fax: (540)853-1230 Date', 10/17/2012 Submittal Number: (Amended Application No.3 ❑ Rezoning,Not Otherwise Listed [ Amendment of Proffered Conditions H Rezoning,Conditional ❑ Amendment of Planned Unit Development Plan • Rezoning to Planned Unit Development ❑ Amendment of Comprehensive Sign Overlay District ❑ Establishment of Comprehensive Sign Overlay District Rr#011P112.1 VE1• iii . Address'. 1917 Franklin Road, Roanoke,VA 24014 Official Tax No(s).: 1272801 Existing Base Zoning: © With Conditions (If multiple zones, please manually enter all districts.) CG,Commercial-General ( p p y ) ❑ Without Conditions Ordinance No(s),for Existing Conditions(If applicable): 38343-012209 Requested Zoning: CG,Commercial-General Proposed Land Use. Full range of uses subject to traffic restrictions '-S1` LILLX:AO11Il i fhult, Name: Lorrd Ganeshji,Inc. Phone Number: +1 (540)537-0618 Address: do Ssunny Shah,5848 Old Locke Court,Roanoke,VA 24018 E-Mail: resume @aaLcom L0 3 rJ C?te xle✓Ap ,2 Property Owner's Signature'. • 6"1tilIliit) 11Yt11i1 3t, fiti:ZYi1 taInI ( ,. li. I Name: I Phone Number: Address: E-Mail: Applicant's Signature', nCt Ain t f '\1111 1li ht.111 L51 i@ .F1nI t: hit 41`. Name: Compton M.Biddle, Esq. Phone Number: +1 (540)725-8197 Address: 40 Chap r.rral Drive,Suite 200C,Roanoke,VA 24018 J E-Mail: cbiddle @opnlaw.com Authorized Agent's Signature. . - Zoning Amendment A plicatlow Checklist The following must be subimitted fol al l applications :V S., • tiiii ROAN 0 K E V Completed application form and checklist, V. Written narrative explaining the reason for the request. r'., Metes and bounds description, if applicable. F Filing fee. For a rezoning not otherwt¢eitisted,the follow)ng must add;{be submitted: F Concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures. For a conditional rezonmg,"fhe following must 414e sainted: F Written proffers. See the City's Guide to Proffered Conditions. Concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures. Please label as r 'development plan'if proffered. For a planngdumtdevelopmaitthefolloWingmustalio a"' ttted F Development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. For a compfehgnstyesrgpoty tltsfnct'ithe�oly�'IttgJ `su rCl fitted;; C Comprehensive signage plan meeting the requirements of Section 36.2-336(d)(2)of the Gays Zoning Ordinance. For anamendmentofpffrire "conditions the(olrw'in •. s°aloe tioellted.:': Amended development or concept plan meeting the Application Requirements of item12(c)'in Zoning Amendment Procedures, r if applicable. Iz Written proffers to be amended. See the City's Guide to Proffered Conditions. Ix Copy of previously adopted Ordinance. For a planned pjj etndmeitt th " o Qc. a retie l F Amended development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. F Copy of previously adopted Ordinance. F o r ''-`�pr krsgipt..i n'r ,_:. A'';Ir ,r,i fdt lb. o'..tiit(S;or! F Amended comprehensive signage plan meeting the requirements of Section 362-336(d)of the City's Zoning Ordinance. F Copy of previously adopted Ordinance. For apmpo'sa1.thatrequfrgsatra(fclmpactstudy�.esyp¢I' tathe<Cltvfth4atd Jsilmtil[u�l's'�talse."u`mlttedce F A Traffic Impact Study in compliance with Appendix B-2(e)of the City's Zoning Ordinance. For a prn o tffa re 6iinliath iinpactanaly'sisiuP3Iiir r 0 Do," u-o,' X""u-gs;‘C:sue Itte F Cover sheet. F Traffic impact analysis. li-Th Concept plan. F Proffered conditions, if applicable. F Required fee. *An electronic copy of this application and checklist can be found at www.roanokeva.govlpbd 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. LAw OFFICES OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, PLC Please reply to: 3140 CHAPAltRAL DRIVE. Sums 200-c Compton M.Biddle,Esq. SALEM, VIRGINIA 24153 P.O.Box 20487 ROANOKE. VIRGINIA 24018-4370 Eo_Box n9 Roanoke,VA 24018 (540)989-0000 • Fix (540)772-0126 Ill] Fos et,-„STREET Dims_ (540)725-8197 1540)G9-2119 Fax: (540)774-0961 mnwa.OPNLaw.GUM Fax(RR 289-9560 E-mail. cbiddlc(oloonlawmm October 17, 2012 RECEIVED VIA HAND DELIVERY OCT 1 7 2012 Katharine Gray CITY OF ROANOKE Planning Building & Development PLANNING BUILDING AND DEVELOPMENT Room 166,Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Re: Lorrd Ganeshji,Inc. Amendment of Proffered Conditions 1917 Franklin Road, SW, Official Tax Map No. 1272801 Dear Ms. Gray: Enclosed please find the original Zoning Amendment Application No. 3, and the following attachments to the Zoning Amendment Application: A. Application Checklist B. Written Narrative C. List of Proffers to be Amended D. Adjoining Property Owner Listing E. Location Map (Plat Showing 3.302 Acres being Tract B) F. Copy of Previously Adopted Ordinance G. Parking Calculations as Currently Leased This is to confirm the application fee of$500 was sent with Zoning Amendment Application No. I. Do not hesitate to contact me directly at 540-725-8197 should you have any questions or require further documentation. Very truly yours, OS '•HO PT, PRILLAMAN, NATT, HELSCHER, 1ST, MAXWELL &FERGUSON,P.L.C. Compton . Biddle Cc: Ssunny Shah Enclosures ZONING AMENDMENT NARRATIVE To: Department of Planning Building and Development City of Roanoke From: Compton M. Biddle,Agent for Lorrd Ganeshji,Inc. Subject: Zoning Amendment—amendment of proffered conditions 1917 Franklin Road, SW, Official Tax Map No. 1272801 Date: October 17,2012 A. Description of proposed use and development of the property; The property is currently zoned CG — conditional (38343-012209). The Proposed Use would allow the full range of uses allowed in the CG district subject to a traffic limitation for the sum of the uses on the property. The prohibition of electronic reader boards would remain a condition. B. Justification for the change; The change would provide the greatest opportunity to fully utilize the property while still addressing the City's overarching concern of traffic congestion on Franklin Road. C. Effect of the proposed amendment on the surrounding neighborhood; The proffered conditions will include an objective matrix for limiting traffic with the City approving the traffic impact of each new tenant. Thus the surrounding neighborhood would not be impacted by increased traffic resulting from a new tenant, unless the City had previously and specifically approved the increase. The property is located along the Roanoke River Greenway between Franklin Road and Interstate 581 and the expanded uses will allow the possibility of tenants that cater to or benefit the Roanoke River Greenway that serves the neighborhood. There are no residential properties that abut this property. D. Availability of other similarly zoned properties in the general area and in the City; and Per Section 36.2-314(a)(2) Commercial-General District includes not only offices, but also general retail establishments, service establishments, and eating establishments. While there arc CG zoned properties along Franklin Road, there are no others in the general area that abut the greenway. The ability to incorporate such uses into the Property would enhance the commercial and economic connection between the Greenway and adjoining properties. Along that stretch of the greenway, there is Recreation Use, Light and Heavy Industrial Use, and Residential Use, but no other general commercial containing the aforementioned uses. E. Relationship of the proposed amendment to the City's Comprehensive Plan and the applicable Neighborhood Plan. The proposed Amendment would fit within the City's Comprehensive Plan and would further its long term goals applicable to its vision for the Greenway. This property is located and comes under the "Franklin Road/Colonial Avenue Neighborhood Plan. There are no immediately abutting residential properties or surrounding residential neigborhoods in immediate proximity to the property which could be negatively impacted. The Future land use map for the Franklin Road / Colonial Avenue Plan cited in the Plan as the most important recommendation contained with the Plan for this neighborhood designates this space's best and targeted use as Commercial Office. This is consistent with the proposed use. Finally, under "Economic Development Issues" for this neighborhood Plan, `under used commercial land" is listed as one of the issues which needs to be addressed. Expanding the uses will being mindful of potential traffic concerns addresses this issue directly with a balanced solution. PROFFERED CONDITIONS To: Department of Planning Building and Development City of Roanoke From: Compton M. Biddle, Agent for Lorrd Ganeshji, Inc. Subject: Zoning Amendment—amendment of proffered conditions 1917 Franklin Road, SW, Official Tax Map No. 1272801 Date: Oct. 17,2012 The applicant hereby requests that the following proffered condition be adopted as it pertains to Official Tax Map Number 1272801: 1.All uses allowed in the CG district with the restriction of no combination of uses creating more than 112 vehicle trips per peak hour based on the 1TE Trip Generation Book, 8th Edition. To ensure conformance with this proffer, the applicant would need to inquire with the Department of Planning Building and Development staff prior to entering into a new lease for the property. Each such inquiry would require that the applicant provide to the Department of Planning Building and Development staff (a) current list of tenants (existing and proposed), (b) the use of each space, and(c) the square footage of each use, so that the City Traffic Engineer could confirm the new tenant arrangement would produce less than or equal to 112 vehicle trips per hour. If the new tenant arrangement would produce more than 112 vehicle trips per hour, then the owner must submit a traffic impact s study that demonstrates that the increase in traffic will maintain the level of service at C or better based on the Highway Capacity Manual 2010 by Transportation Research Board/Transportation Impact Analysis for Site Development 2010 by ITE Recommended Practices. Additionally, the following proffered condition as adopted in the Council of the City of Roanoke, Virginia the 22"d day of January,2009, No 38343-012209, shall remain in full force and affect: 2. Electronic readerboards, as defined by Section 36.2-662 (Definitions), Zoning, of the Code of the City of Roanoke, shall be prohibited on the subject property. PROFFERED CONDITIONS TO BE REPEALED To: Department of Planning Building and Development City of Roanoke From: Compton M. Biddle,Agent for Lorrd Ganeshji, Inc. Subject: Zoning Amendment—amendment of proffered conditions 1917 Franklin Road, SW, Official Tax Map No. 1272801 Date: October 9,2012 The applicant hereby requests that the following proffered conditions be repealed as it pertains to Official Tax Map Number 1272801: I. Only the following uses shall be permitted: a. Business Service Establishment b. Office, General or Professional c. Office, General or Professional, Large scale d. Animal hospital or veterinary clinic, no outdoor pens or"runs" e. Caterer, Commercial f. Studio, Multimedia Production Facility g. Bakery, Confectionary or similar food production, Retail h. General Service Establishment i. Janitorial Services Establishment j. Personal Service Establishment k. Pet Grooming I. Retail Sales Establishment, limited to Florists m. Club, lodge, civic, or social organization n. Community Center o. Health and Fitness Center p. Meeting Hall q. Place of Worship r. Artist Studio s. Educational Facility, Business school or nonindustrial trade school t. Education Facility, School for the arts u. Community Food Operation v. Day Care, Adult w. Wireless Communication Facility, Stealth x. Medical Clinic, limited to home health care services Owners: Lord Ganeshji, Inc. Ssunny Shah Its: President ADJOINING PROPERTY OWNER LISTING Address of Subject Property: 1917 Franklin Road SW Tax Map No: 1272801 Owner: Lorrd Ganeshji, Inc. Applicant: Lorrd Ganeshji,Inc. ADJOINING PROPERTY OWNERS The following is a list of those property owners who own property beside, behind or across the street from the subject property noted above: CITY OF ROANOKE Official Tax Number Owner's Name and Mailing Address 1272601 Roanoke Chapter National Railway His 1917 Franklin Road SW P.O. Box 13222 Roanoke, VA 24032 1040301 Mohan Chandler 1911 Franklin Road SW P.O. Box 1646 Lake City, FL 32056-1646 1040302 Shrinath Enterprises, LLC 1927 Franklin Road SW 1927 Franklin Road SW Roanoke, VA 24014 1040401 City of Roanoke 302 Wiley Drive SW 215 Church Avenue SW Room 250 Roanoke, VA 24011 1040102 Timberbrook Properties VI LLC 1809 Franklin Road SW 5100 Bernard Drive Roanoke, VA 24018 I Oa IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd day of January, 2009. No. 38343-012209. 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 petitioner; and dispensing with the second reading of this ordinance by title. WHEREAS, Load Ganeshji, Inc., represented by Daniel F. Barnes, Esquire, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have property located at 1917 Franklin Road, S.W., bearing Official Tax No. 1272801, rezoned from MX, Mixed Use District, to CG, Commercial General District, subject to certain conditions; WHEREAS, the City Nanning 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 January 22, 2009, 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, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's O-tnrrd Ganes/hit-rezone with proffers.doc 1 Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax No. 1272801 located at 1917 Franklin Road, S.W., be, and is hereby rezoned from MX, Mixed Use District, to CG, Commercial General District, subject to certain conditions proffered by the petitioner, as set forth in the Zoning Amended Application No. I dated November 20, 2008. 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: }'�7 y�,,., < City Clerk. Il 0-Lord Qeneshli-rezone with proffers doc 2 Parking Calculations as Currently Leased(4 4800 sf vacant) No of Parking People/SF Spaces Weekday Weekend Nighttime Traffic Square Zoning for vacant Stated No. Required Weekday Evening 6- Weekend Day 6- Midnight- Generated Suite# Footage Current Occupancy Classification spaces of Persons per Use Day 9-4 midnight Day 9-4 midnight 6 am. Per Use 101 1360 Lance Hale office,gen&prot 0 3 3 3 0 0 0 0 102a 200 Solutions Recovery office,gen&pro 0 I 1 I 0 0 0 0 1026 360 RSVP Corp office,gen&pro 2 2 2 1 1 1 I educational facility,business school or non- industrial trade 102c 200 Bramblcton Driving school 0 10 to 15 4 0 0 4 4 1 102 700 Ssunnv Shah office,gen&pro 1 3 3 1 I I 1 103 750 vacant _ - 104 700 vacant - retail,limited to 105 5000 Georges Designing Center florists 8 8 8 0 0 0 0 106a 600 Freeda Cathcart office,gen&pro 7 2 0 2 2 0 0 1066 200 vacant - 106c 200 vacant - 106d 250 vacant - 108 450 vacant - 109a 800 vacant - 1096 500 Virginia Iron&Scrap office,gen&pro 2 2 2 0 0 0 0 health&fitness 109c 1200 Personal Trainer center 2 2 l 0 0 0 0 110 6300 Positive Impact Ministry place of worship 60 15 6 15 12 15 2 111 1700 vacant - 113 1600 Buddist Temple place of worship 20 5 2 5 4 5 1 114 2200 Jesus is Lord place of worship 25 7 1 7 6 7 1 TOTAL 25270 TOTAL PARKING SPACES REQUIRED AT ONE TIME: 'S4 29 31 30 33 7 CURRENT NO.OF PARKING SPACES:86 CURRENT NO.OF VEHICLE"TRIPS/HOGR/PF EAK PM. (TBD by Traffic Engineer) MAX TRIPS/HOUR/PEAK PM ACCEPTABLE TO HONG LIU: 112(BASED ON 38,000SF) r-m I'°"° 2°C — LUMSDEN ASSOCIATES,PC. 46E0 PR,WRISION AVEN E ,SW oairo ENGINEERS-SURVEYORS-PLANNERS P0.BX 6 ROANORE,VIRGINIA O VRCINln 24018 PHONE 1 1 774 4911 FAX (540)772-9445 E-MAIL MP E pll MWFNHICOM 1 i , \ - li‘0001 ` _ 111 i1 1ll61 h i i l - ��t l'r _ X11 . . & 1 II II : ��� I II I • /04p, • • NNPUD 2 309 • i INPUD J If n. 8 'k4 . .. II 1 � I 4 l . � � o-o- 1 2 ir �1 �1 ,, 2�) N�. M'•,....„ kis, ,cow •;k 1 „� • ,+i..., , ,,,,r, cir tli, ry ,� 0` a o- si 1t i1 Oq3 !+ 'I Y II I II I�ry 414 AI; �� 0 i I1917 Franklin Road, S.W. iN i ' j Official Tax Ma No. 1272801 r yao4l . i • , ,0, N . The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times -C(IFHtEW2}r 4t1V tEEPM@64374---. NOACF BF PUBLIC LORRD GANESHJI, INC. NEABINB LORRD GANESHJI, INC. The Council of the City of Roanoke will hold a public 5848 OLD LOCKE CT hearing on Monday. November 19,2012,at ROANOKE VA 24018 7:00 p.m., or as soon thereafter as the matter may be heard, In the Council Chamber,fourth I Noel C.floor,in Municipal`Building?2151 REFERENCE: 8283 8404 Church Avenue, S,W., 13153896 NPH-Lord Ganeshj i, I Rmanke, Vi inia, to An application by% nny shah,on behalf of lord State of Virginia existinglproffered condition City of Roanoke which �iaso hsees of v� Road, bearing OHldal Tax Map No. 1272801, to certain I, (the undersigned) an authorized representative commercial uses,and to of the Times-World Corporation, which corporation `aft aalnumbe restricting add total number of vehicle is publisher of the Roanoke Times, a daily trips ooff generated eeOI all of newspaper published in Roanoke, in the State of will remain Commercial) Virginia, do certify that the annexed notice was General District, (CO), I permuting these land use ' published in said newspapers on the following 'c`teoriemettuns and group dates: living; commercial; industrial;assembly and entertainment; public. Institutional and community tacit ltles;transportation; utility;agricultural;and fassorm with a maximum loor area ratio of 5.0. The comprehensive plan State of City/County of Roanoke, Commonwealth/State designates the property for / office use. The proposed Virginia. Sworn and subscribed before me this use of the property Is 15trvay of November 2012. Witness my hand and ncopyoftheapdmation is available for review In the official seal . Office of the City Clerk, Room 456,Noel C.Taylor' Municipal Building,215 �_ Church Avenue, S.W.. ten r otary Public Roanoke,IM ma. —1 All parties y a(pear on one citizens date an In o the above date and be heard on The matter. If you are a 'Person s commlodations who o i , n AN r' needs hearing,please contact '"'' the City Clerk's Office,at ' 853-2041,before noon on the Thursday before the PUBLISHED ON: 11/02 11/09 t c 7% date of the hearing listed above. GVE under my hand this 30th day of Ocube.2012. Stephanie M.Moon,MMC d City Clerk. � _ (13163898) * I TOTAL COST: 490 .48 00(: . FILED ON: 11/15/12 '''EEC + Authorized / ,{)') Signature: / 7�' 'a/ ,�Q�4/{'L.Dit Billing Services Representative 1 \\d NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Monday,November 19, 2012, 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: An application by Ssunny Shah, on behalf of Lorrd Ganeshji, Inc., to delete an existing proffered condition which limits the uses of 1917 Franklin Road, S.W., bearing Official Tax Map No. 1272801, to certain commercial uses, and to add a condition restricting the total number of vehicle trips generated by all of the uses of the subject property. The zoning of the property will remain Commercial-General District, (CG), permitting these land use categories: accommodations and group living; commercial; industrial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory; with a maximum floor area ratio of5.0. The comprehensive plan designates the property for office use. The proposed use of the property is commercial. A copy of the application is available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at 853-2541,before noon on the Thursday before the date of the hearing listed above. GIVEN under my hand this 30thday of October , 2012. Stephanie M. Moon, MMC City Clerk. Notice to Publisher: Publish twice in the Roanoke Times on Friday, November 2, and Friday, November 9, 2012. Send affidavit to; Send Bill to: Stephanie M. Moon, MMC, City Clerk Ssunny Shah, President 215 Church Avenue, S.W., Room 456 Lord Ganeshji, Inc. Roanoke,VA 24011 5848 Old Locke Court (540) 853-2541 Roanoke, Virginia 24018 (540) 537-0618 AFFIDAVIT APPLICANT: Ssunny Shah, President, Lorrd Ganeshi, Inc. LOCATION: 1917 Franklin Road, SW, Tax No. 1272801 REQUEST: Amend proffered conditions 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 28th day of September, 2012, notices of a public hearing to be held on the 18th day of October, 2012, on the request captioned above to the owner or agent of the parcels as set out below: Tax No. Owner and Mailing Address 1272601 ROANOKE CHAPTER NATIONAL RAILWAY HISTORICAL SOCIETY PO BOX 13222 ROANOKE VA 24032 1040302 SHRINATH ENTERPRISES LLC 1927 FRANKLIN RD SW ROANOKE VA 24014 1040301 CHANDLER MOHAN PO BOX 1646 LAKE CITY FL 32056-1646 1040401 CITY OF ROANOKE SO ROKE PARK 215 CHURCH AVE SW ROANOKE VA 00000 1040102 TIMBERBROOK PROPERTIES VI LLC 5100 BERNARD DR ROANOKE VA 24018 Rebecca Cockram SUBSCRIBED AN■ WORN to before me, a Notary Public, in the City of Roanoke, Virgini. , thi . 28th day of September, 2012. Notary Public CANDACE R. MARTIN NOTARY PUBLIC Commonwealth of Virginia Reg.#28207. M Commission Expires SCte -� CITY OF ROANOKE OFFICE OF THE CITY CLERK f✓ :, _ 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerkgroanokeva.gov STEPHANIE M.MOON,MMC JONATHAN E.CRAFT City Clerk Deputy City Clerk November 7, 2012 CECELIAT.WEBB Assistant Deputy City Clerk Ssunny Shah, President Lorrd Ganeshji, Inc. 5848 Old Locke Court Roanoke, Virginia 24018 Dear Mr. Shah: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, November 19, 2012, 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 Ssunny Shah, President, Lorrd Ganeshji, Inc., to delete an existing proffered condition pertaining to 1917 Franklin Road, S. W. For your information, I am enclosing copy of a notice of public hearing. Please review the document and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 540-853-2431. It will be necessary for you, or your representative, to be present at the November 19th public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, am, � rAp6,AA-AS,y r 1• rt Stephanie M. Moon, MMC City Clerk SMM:ctw Enclosure CITY OF ROANOKE a evi OFFICE OF THE CITY CLERK = 215 Church Avenue,S.W.,Suite 456 Roanoke,hoe:Virginia 50 24011-1536 1 Telephone: 0)S5 853-2541 - Fax: (540)853-1145 E-mail clerk@roanokeva.gov JONATHAN E.CRAFT STEPHANIE M.MOON,MMC Deputy City Clerk City Clerk November 7, 2012 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, November 19, 2012, 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 Ssunny Shah, President, Lorrd Ganeshji, Inc., to delete an existing proffered condition pertaining to 1917 Franklin Road, S. W. This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning, Building and Development at 540-853-1730. 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, anw.QJ Stephanie M. Moon, MMC—. City Clerk SMM:ctw CITY OF ROANOKE a -' OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: clerkgroanokeva.gov JONATHAN E.CRAFT City Clerk Deputy City Clerk CECELIA T.WEBB Assistant Deputy City Clerk November 20, 2012 Drew H. Kepley, Manager Drew H. Kepley and Everett Holdings, LLC 2710 Richelieu Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Kepley: I am enclosing copy of Ordinance No. 39543-111912 rezoning properties located at 1607 Belleview Avenue, S. E., bearing Official Tax Map No. 4041902, and four unaddressed lots on Thyme Street, S. E., bearing Official Tax Map Nos. 4041904 4041907, to remove certain proffered conditions and to add certain new proffered conditions on the subject parcels, such parcels to remain MX, Mixed Use District, with certain conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 19, 2012, and is in full force and effect upon its passage. Sincerely, mn% 1Stephanie M. Moon, MMC City Clerk Enclosure pc: Robin M. Matsumoto, 1512 Hamilton Terrace, S. E., Roanoke, Virginia 24014 Lee Lawrence Markham and Brian Scott Markham, 1540 Lafayette Boulevard, N. W., Roanoke, Virginia 24017 Jane W. and Amold W. Brown, 2234 Sourwood Street, N. E., Roanoke Virginia 24012 Drew H. Kepley, Manager • November 20, 2012 Page 2 Roanoke Hospital Association, Tax Department, P. O. Box 12385, Roanoke, Virginia 24025-2385 Kristen J. Spurlock, 501 Linden Street, S. E., Roanoke, Virginia 24014 Mary Teresa Roberts Life Estate, 505 Linden Street, S. E., Roanoke, Virginia 24014 John P. and Hao T. Lane, 511 Linden Street, S. E., Roanoke, Virginia 24014 B & B Billiards Investments, LLC, 416 Campbell Avenue, S. W., Roanoke, Virginia 24016 Wanda C. and James R. Jackson, 519 Linden Street, S. E., Roanoke, Virginia 24014 Hilarie W. Smith, 523 Linden Street, S. E., Roanoke, Virginia 24014 Loretta C. and William E. McCray, 529 Linden Street, S. E., Roanoke, Virginia 24014 Dolores K. Moore, P. O. Box 18072, Roanoke, Virginia 24014 C. Corbin and Ana P. Douglas, 12165 Wexford Over, Rosewell, Georgia 30075 Joanne P. Jones, 1620 Belleview Avenue, S. E., Roanoke, Virginia 24014 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Steve Talevi, Assistant City Attorney Philip Schirmer, City Engineer Ann H. Shawver, Director of Finance Susan Lower, Director, Real Estate Valuation Rebecca Cockram, Secretary, City Planning Commission • IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of November, 2012. No. 39543-111912. 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 by title of this ordinance. WHEREAS, Drew H. Kepley, on behalf of Drew H. Kepley and Everett Holdings, LLC, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have properties located at 1606 Belleview Avenue, S.E., bearing Official Tax Map No. 4041902, and four unaddressed lots on Thyme Street, S.E., bearing Official Tax Map Nos. 4041904, 4041905, 4041906, and 4041907, rezoned to remove certain proffered conditions and to add certain new proffered conditions on the subject parcels, such parcels to remain MX, Mixed Use District, with certain conditions; 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 Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on November 19,2012, 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 amendment; and WHEREAS, this Council, after considering the aforesaid application, the `t. recommendation made to this Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, L.\ATTORNEY\DATA\MMCoke\Talevi\Measures\Planning Commission Measures\Ord-1606 Belleview Avenue.doc 1 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 properties should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax Map Nos. 4041902, 4041904, 4041905, 4041906 and 4041907, be, and are hereby to remain zoned MX, Mixed Use District, with conditions, subject to the proffers proposed in the Zoning Amended Application No. 1, dated October 15, 2012. 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: /•3� City Clerk L\CLERK\Measures\20121November 19,2012\Ord-1606 Belleview Avenue.doc 2 c7.1,0 CITY COUNCIL AGENDA REPORT L • W tRp�N1� To: Honorable Mayor and Members of City Council Meeting: November 17, 2012 Subject: Drew H. Kepley, on behalf of Drew H. Kepley and Everett Holdings, LLC, to amend conditions proffered as part of a rezoning at 1606 Belleview Ave., S.E., bearing tax no. 4041902, and the four unaddressed lots on Thyme St., 5.E., bearing tax nos. 4041904, 4041905, 4041 906, and 4041 907. The application is to amend conditions related to the limitation of permitted uses to parking and housing for medical residents and students in association with hospital operations per referenced site plan. The zoning of the property will remain Mixed Use District, (MX), permitting these land use categories: residential; accommodations and group living; commercial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory; with a maximum density of one dwelling unit per 2,500 square feet of lot area and a maximum floor area ratio of 1 .0. The comprehensive plan designates the property for mixed density residential use. The proposed uses of the properties are residential and commercial. Planning Commission Public Hearing and Recommendation: The Planning Commission held a public hearing on Thursday, October 18, 2012. By a vote of 6-0, the Commission recommended approval of the rezoning request, finding the Amended Application No. 1 , dated October 15, 2012, to be consistent with the Zoning Ordinance, Vision 2001-2020, and the Riverland/Walnut Hill Neighborhood Plan. Application Information Request: Amendment of Proffered Conditions Owner: Drew H. Kepley, Owner Applicant: Drew H. Kepley, Owner Authorized Agent: N/A _ City Staff Person: Katharine Gray, Land Use and Urban Design Planner Site Address/Location: 1606 Belleview Avenue, SE and four unaddressed lots on Thyme Street, SE Official Tax Nos.: 4041902,4041904, 4041905, 4041906, 4041907 Site Area: 1 .24 acres Existing Zoning: MX (c), Mixed Use District with conditions Proposed Zoning: MX (c), Mixed Use District with conditions Existing Land Use: Residential and Vacant Proposed Land Use: Residential and Vacant Neighborhood Plan: Riverland/Walnut Hill Neighborhood Plan Specified Future Land Mixed Density Residential Use: Filing Dates: Original Application: September 6, 2012 Amended Application No. 1 : October 15, 2012 Background In June 2012, Mr. Kepley met with staff from the City of Roanoke to discuss an amending the proffers for the parcel at 1606 Belleview Avenue, SE and four unaddressed lots on Thyme Street, SE. The parcels are currently zoned MX (c), Mixed Use District with conditions. The properties were rezoned from RS-3 (Residential Single-Family District) to C-1 (Office District) conditional in 1982. The proffers adopted in 1982 limit the uses to parking and housing for medical residents and students in association with hospital operations per referenced site plans. The referenced site plans depict either multiple parking lots between terraced retaining walls or a 4-story parking garage at the corner of Belleview Avenue and Thyme Street. They also show a multistory apartment building and several additional retaining walls. The proposed amendment of proffers would remove the existing proffers and replace them with new proffers. Conditions Proffered by the Applicant The new proffers would limit the use for the top three lots on Thyme Street, tax numbers 4041905, 4041906, 4041907, to single family residential. They would limit the use for the lot on Thyme Street with tax number 4041904 to single family residential or two-family residential. They would limit the use for the lot on Belleview Avenue, tax number 4041902, to all residential uses allowed in MX and the following commercial uses allowed in MX: Accessory, Bed and Breakfast (limited to 8 rooms), Medical Clinic (psychologist, psychiatrist, social worker, and similar medical offices that do not require physical examinations or procedures only), General or Professional Offices, Live/Work Units (limited to uses as described above), Mixed-Use Building (limited to uses as described above). The proffers further limit the commercial use to 2500sf, limit access to off-street parking on tax number 4041902, protect the existing building and retaining wall on the parcel at tax number 4041902, limit any new building to 35 feet in height, and limit any retaining walls to 6 feet in continuous height. 2 Considerations Surrounding Zoning and Land Use: Zoning District Land Use North R-5 - Residential Single Family District Dwelling, Single-Family Detached South MX (c), Mixed Use District with Dwelling, Multifamily conditions East MX (c), Mixed Use District with Dwelling, Single-Family conditions Detached West MX, Mixed Use District and RM-1 - Dwelling, Multifamily; Residential Mixed Density District Dwelling, Single-Family Detached; and Vacant Compliance with the Zoning Ordinance: The proposed proffered conditions limit the building height to 35 feet, which is 80% of that allowed in the MX District. When development occurs, Thyme Street will require improvement to the current City standards. Conformity with the Comprehensive Plan and Neighborhood Plan: Both Vision 2001-2020 and the Riverland/Walnut Hill Neighborhood Plan recognize the need for the redevelopment of vacant or underused sites in a manner that reinforces the physical and social fabrics of the existing neighborhood. The multiple parcels have a residential structure and vacant land in a transition zone between single family residential and institutional hospital property. The change in proffered conditions will better reflect the transition from single family residential to institutional from the proffers that currently exist. Relevant Vision 2001-2020 policies: • NH P3. Neighborhood Plans. The City will adopt neighborhood plans for all neighborhoods. Neighborhood plans will address land use, zoning, transportation, infrastructure, neighborhood services, and the development of village centers and recognize those neighborhoods with architectural and historic value, among other issues. (excerpt) Design Principals: • Roanoke should cooperate with its neighbors to protect the scenic beauty of the Roanoke Valley by limiting ridgetop development, preserving important viewsheds, and protecting natural waterways. 3 • Off-street parking should be located at the side or rear of buildings. • City Design Traditional neighborhoods o Traditional neighborhoods are characterized by medium-sized lots (5,000-7,000 square feet); one and a half- or two-story houses; consistent building setbacks; and an interconnected grid of narrow, tree-lined streets. These neighborhoods developed between the 1920s and 1940s as the streetcar system expanded outward. Traditional neighborhoods often feature churches; neighborhood schools, and small neighborhood commercial centers. o Design principles: • All streets should have sidewalks and be lined with trees. On-street parking should be encouraged; driveways and garages should be located to the side and rear of buildings. Relevant Riverland/Walnut Hill Neighborhood Plan policies: Community Design Policies • Future development: New development should generally follow the traditional neighborhood model prescribed by Vision 2001-2020. Residential Development Policies • Zoning patterns: Zoning patterns will support housing revitalization and desired future residential land use patterns and encourage preservation of single-family housing. City Department Comments: Development Review Coordinator & Transportation Engineer Reviewed and are fine the request, with the understanding that when the development takes place for those three single family lots, Thyme Street shall be improved to the current City standards and other subdivision regulations shall also apply. Zoning Administrator Suggested that the uses listed in the proffers be adjusted to match the use table - specifically instead of "Two-family Detached" use "Two-family dwelling" 4 Public Comments: Spurlock Kristen of 501 Linden SE called on October 4" to say that after reading through the application that she supported the new proffered conditions in place of the old ones. Dolores Moore of 535 Linden St SE called on October 5" to request a copy of the application. She later met with staff to express concern over the increase in traffic on Belleview and throughout the neighborhood from this change. Jeff Vanke of 532 Linden Street SE sent an email on October 10'" to request clarifications in regards to the amendment of proffered conditions process and current zoning for the lots. Planning Commission Work Session: None. Planning Commission Public Hearing Discussion: Ms. Moore stated that traffic in the neighborhood is heavy and this change would create more problems with traffic. Ms. Katz clarified that the current proffers allow for an apartment complex and a parking garage and that the new proffers would generate less traffic. Mr. Williams clarified that this was an amendment to proffered conditions and not a rezoning. Ms. McCray expressed concern about the current condition of Thyme Street. Ms. Gray stated that Thyme Street would be required to be brought up to current City standards when the development plan is approved. Mr. Williams clarified that the new proffers offered will allow for a less intense use of the property than currently allowed by the existing proffers. `(0 ( ar, ora Katz, Chair City Planning Commissio cc: Chris Morrill, City Manager R. Brian Townsend, Assistant City Manager Daniel (Dan)J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney 5 Drew H. Kepley, Owner Drew H. Kepley, Owner/Manager of Everett Holdings, LLC 6 Department of Planning,Building and Development 1 ROANOKE Room 166,Noel C.Taylor Municipal Building crrr OF ROANDKE 215 Church Avenue,S.W. PLANNING BUILDING AND DEVELOPMlM Roanoke, Virginia 24011 Phone: (540)853-1730 Fax: (540)853-1230 L Date: 10/15/ 12. Submittal Number: �}1►lended <lppllcahvn N o . 1 ❑ Rezoning,Not Otherwise Listed (X Amendment of Proffered Conditions ❑ Rezoning,Conditional ❑Amendment of Planned Unit Development Plan ❑ Rezoning to Planned Unit Development ❑Amendment of Comprehensive Sign Overlay District ❑ Establishment of Comprehensive Sign Overlay District Address: 1606 etelleview Ave. 54. ! Thyme st• lots Official Tax No(s).: 404-ig32 /4041904/4041905/d{041906/4o4i9o1 Existing Base Zoning: Mixed Use DictvCGt- (MX) ® With Conditions (If multiple zones, please manually enter all districts.) ❑ Without Conditions Ordinance No(s).for Existing Conditions Of applicable): 2 S SS c9 Requested Zoning: (MX ) Proposed Land Use: Resi den 1-i4 I / M t'IdercletI Name: Drew Keptey/Everett RcIdincs Li-C Phone Number, K4o-344.6664 Address: 21 O Richelieu Ave .; RoahoevA E-Mail: Kepley5ecox,vne-t- wnA 24ot4 Property er's Signature: �2f J 1 J ce4v k4r4 —rvy lCl�al cJU/C/11�2) i��,C �1 0 O frn¢r/dm) Name: S ,'h/'/4 Phone Number: Address: E-Mail: Applicant's Signature: Name: Phone Number: Address: E-Mail: Authorized Agent's Signature: rgia ROANOKE F Completed application form and checklist. IjC Written narrative explaining the reason for the request. r- Metes and bounds description,if applicable. pr Filing fee. K r ., i4v an„rt,4N,.es xr , sn � -A., kti F Concept pla�nn;�m�eefing the Application Requirements of itemm'22(c)'in Zoning Amendment Procedures. Fbr`eit g tr Yr It 1 ,.r. ratedr ISZ Written proffers. See the City's Guide to Proffered Conditions. ✓ Concept plan meeting the Application Requirements of item 2(c)'in Zoning Amendment Procedures. Please label as 'development plan'if proffered. ff 0!., . ;6G 1 ,. ... lliiitla Ob ;`Strpplffted:_. F Development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. F 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, r if applicable. S( Written proffers to be amended. See the City's Guide to Proffered Conditions. 7 Copy of previously adopted Ordinance. it , .Nr S¢,. a.tLL Ley ✓ Amended development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. F Copy of previously adopted Ordinance. L ., �,,. .�, ,,.di:. +•1,Li:f2*:,14pix rr. '.,.s Ci.:r.11t1.4r'. F Amended comprehensive signage plan meeting the requirements of Section 36.2-336(d)of the City's Zoning Ordinance. F Copy of previously adopted Ordinance. v. ,h . , r•'�+. _ ri:s i++.. ✓ A Traffic Impact Study in compliance with Appendix B-2(e)of the Citys Zoning Ordinance. ✓ Cover sheet. F Traffic impact analysis. F Concept plan. F Proffered conditions,if applicable. ✓ Required fee. *An electronic copy of this application and checklist can be found at www.roanokeva.govlpbd 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. September 5, 2012, Revised October 12,2012 Ms.Katharine Gray, City Planner City of Roanoke 215 Church Avenue, S.W., Room 166 Roanoke,VA 24011 RE: APPLICATION TO REPEAL PROFFERED CONDITIONS-AMENDED Applicants: Drew Kepley/Everett Holdings,L.L.C. Properties: 1606 Belleview Avenue/Thyme Street Lots Dear Katharine, Please find enclosed the following items in support of my request to repeal the existing proffered conditions at 1606 Belleview Avenue and Thyme Street: 1. Narrative—describing the recent zoning history of the property,what I'd like to do and why. 2. Proffered Conditions to be Repealed 3. Copy of the Ordinance that includes the Proffered Conditions—Exhibit A. 4. Site plans of proposed developments from original Proffers—Exhibit B. 5. Map of the subject property—Exhibit C. 6. Legal Descriptions—Exhibit D. 7. Proffered Conditions to be Adopted.Amended October 12,2012. 8. List of Adjoining Property Owners. 9. Everett Holdings,L.L.C.—proof of ownership. 10.Application. 11.Check for application fee. It is my understanding that this matter will be heard before the Planning Commission on October 18`s. Please let me know if this is not the case. If you have any questions or additional information please let me know. Thanks very much for your time and consideration. Sincerely, w Drew Kepley 2710 Richelieu Ave. Roanoke,VA 24014 Office: (540) 344-6664 Mobile: (540)353-4356 Belleview Cover 2012 September 5,2012 Ms. Katharine Gray,City Planner City of Roanoke 215 Church Avenue, S.W., Room 166 Roanoke,VA 24011 RE: NARRATIVE Application to Repeal Proffered Conditions Applicant: Drew Kepley/Everett Holdings,I.L.C. Property: 1606 Belleview Avenue/Thyme Street Dear Katharine, I am writing you in regard to my property at 1606 Belleview Avenue(Tax Map number 4041902)and adjacent lots that front the south side of Thyme Street(Tax map numbers 4041904,4041905,4041906 and 4041907). I purchased these properties from Kermit Shriver in 2006.Prior to Mr.Shriver's ownership the land was owned by Roanoke Hospital Association.In 1982,Roanoke Hospital Association developed plans to build an apartment building with twelve,two bedroom units,a nineteen foot tall retaining wall and parking for well over 100 cars on this and adjacent property(refer to Exhibit B).As part of the re-zoning that allowed them to build this development they stipulated that nothing other then the apartment building and parking would be built on the land. Obviously the apartment building and parking were never built However,the conditions on the property were never lifted when the land was sold around 1997.Consequently,the only things that can be built on the property by me or anyone are what were planned in 1982 and described above. The land is currently zoned Mixed Use District(MX)with conditions.The purpose is to accommodate residential and commercial uses.Per our discussions over the past few weeks and,since I don't have any current plans for the property,I request the repeal of the existing proffered conditions and the adoption of others as protection for the neighborhood.For instance,the limitation of all the properties to residential uses on the Thyme Street parcels only,the existing building at 1606 Belleview would remain as is, and others. When I initially purchased the property in 20061 petitioned for the existing proffers to be repealed and proposed that all MX commercial and residential uses be allowed on all the parcels. I subsequently withdrew the petition. In this application I have attempted to specifically address all the concerns that were raised as part of the earlier petition. Based on the letter of November 16,2006 from Brian Townsend addressed to the Planning Commission,the specific concerns and my proposed responses are: Belleview Narrative Comm.2012,Page 1 of 3 1. Zoning Compliance:The proposed proffered conditions to be adopted have been crafted to minimize the overall impact of any development to the neighborhood.The proposed proffers include the limitation of the upper three lots to single family residential use only,the lower Thyme Street lot (4041904)to single family and two family residential only and property at 1606 Belleview Avenue to residential uses as allowed by the Mixed Use(MX) District and a few low intensity commercial uses only. The proffers would also maintain the existing structure at 1606 Belleview Ave. and limit the building heights to 35' (20%less than the 45'allowed in the MX District). 2. Access and Traffic:As mentioned above the Thyme Street properties would be limited to residential uses only. The Belleview Avenue property would be limited to residential and some light commercial uses and vehicular access would be limited to the two existing driveways in from Thyme Street. The proffered uses have been proposed to minimize the potential vehicular traffic impact. 3. Public Comment and Neighbor Concerns:The proposed proffers are offered in response to the neighbor and Planning Commission comments from the earlier application for re-zoning of the property.The proposed proffers address the concerns over scale and intensity by limiting the uses of the Thyme Street lots to residential uses only and the Belleview Ave.parcel to residential and a small amount of low intensity commercial use.These conditions,along with the stipulation that the existing Belleview Ave. structure be retained,the reduction of allowable building!eights for all future structures and other conditions will all help mitigate the overall scale and intensity of any figure development. 4. Compatibility with the Comprehensive Plan,Vision 2001—2020,EC P3; Viewsheds: In addition to the limitation to residential uses for the most visible Thyme Street properties,other proposed proffers that would help protect the viewshed include reduction of the allowed building heights and limitation of any retaining walls to six feet(6')in continuous vertical height These proposals,in addition to compliance with City Code tree canopy and landscaping requirements,will all protect the viewshed. 5. Neighborhood Plan,Riverland/Walnut Hill Neighborhood Plan: a. Community Design:As mentioned above the proposed residential and limited commercial uses are in keeping with the Plan.The proposed conditions limiting the building heights,maintenance of the existing structures at 1606 Belleview Ave.and limitation of the vehicular access to the existing configuration will all help future development comply with the Neighborhood Plan. Belleview Narrative Comm.2012,Page 2 of 3 b. Residential Development Policies:The proposed re-zoning will support housing revitalization by allowing for the development of the property to primarily residential uses.The development would utilize Thyme Street for access which is behind the existing homes on Linden Street and encourage housing preservation by increasing the tax base and future housing potential in the neighborhood. I hope these descriptions are helpful.More specific details are outlined in the PROFFERS TO BE ADOPTED. I recognize the previous concerns of the neighbors and Planning Commission and desire to work with everyone involved to resolve the situation to everyone's satisfaction. I've spoken to several of the neighbors,have tried to contact by telephone most of the other adjacent neighbors that have listed numbers and knocked on the doors of several neighbors that I couldn't find telephone numbers for. I've attempted to address neighbor concerns and comments that I've learned about in good faith.I've also incorporated feedback from you and Ian Shaw and would be glad to speak to you in more detail at your convenience. You may call me at my office or on my mobile phone at the numbers listed below. Thank you very much for your time and consideration. Sincerely, (era— Drew H.Ky 2710 Richelieu Ave. Roanoke,VA 24014 540-344-6664–office 540-353-4356–mobile Copy: Chris Chittum,Planning Administrator Ian Shaw,Zoning Administrator Belleview Narrative Comm. 2012,Page 3 of 3 PROFFERED CONDITIONS TO BE REPEALED IN THE COUNCIL OF THE CITY OF ROANOKE,VIRGINIA Proffered Conditions to be Repealed for five(5)properties identified as: Tax Map no.4041902— Lot 4A,Block 7,Riverland/Walnut Hills 1606 Belleview Avenue,S.E.(0.5860 acre) Tax Map no.4041904— Lot 6A,Block 8,Riverland/Walnat Hills Thyme Street,S.E.(0.1430 acre) Tax Map no.4041905— Lot 7,Block S,Mill Mountain Court Thyme Street,S.E.(0.1706 acre) Tax Map no.4041906— Lot 8,Block S,Mill Mountain Court Thyme Street,S.E.(0.1695 acre) Tax Map no.4041907— Lot 9,Block 8,Mill Mountain Court Thyme Street,S.E.(0.1749 acre) All of said parcels being zoned Mixed Use District with conditions—MX(c) TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: By Ordinance No.25889 adopted January 25, 1982,at the request of the Roanoke Hospital Association,City Council amended Sections 36-3 and 36-4,Code of the City of Roanoke(1979),as amended,and Sheet Nos.404 and 405, Sectional 1976 Zone Map, City of Roanoke,in relation to zoning,which rezoning amendment affected a large number of parcels,on which the proffered conditions are sought to be repealed are only a few,was subject to certain conditions. Said parcels of land contain 1.2440 acres,more or less,and are zoned Mixed Use District with conditions(MX-c). The following exhibits ire included in support of this application: A. A copy of Ordinance No. 25889. B.A copy of the site plans of the proposed construction from 1982. C.A map of the existing parcels. D.A legal description of the subject properties. The Applicants herein,DREW H.KEPLEY and EVERETT HOLDINGS,L.L.C.are the current owners of said parcels. Belleview Proffers to be Repealed 2012; Page 1 of 3 The Applicants believe that the amendment of proffers will further the intent and purposes of the City Zoning Ordinance and its Comprehensive Plan in that such amendment will allow use of the property in conformance with the latest Zoning Ordinance enacted by the City. The Applicants hereby request that the following proffered conditions established by Ordinance No. 25889 dated January 25, 1982,as hereafter set out be REPEALED: 1. The existing structure on parcel designated on Tax Appraisal Map 405 and No. 4050102 shall be used for meeting rooms,overnight guests and as a conference center in connection with hospital operations of your Petitioner. 2. The existing structure on parcel designated on Tax Appraisal Map 405 as No. 4050101 shall be used for two apartments for medical residents and students of your Petitioner. 3. The existing structure on parcels designated on Tax Appraisal Map 404 as Nos. 4041901,4041902 and 4041903,together with Parcels Nos.4041904,4041905, 4041906,4041907,4041908,4141909,and 4041910 lying to the rear and east thereof shall be used for housing for medical residents and students of your Petitioner. 4. Site plans showing the above parcels with structures thereon and parking available and to be constructed prepared by Sherertz,Franldin,Crawford& Shaffner are incorporated into the herein petition. 5. No new buildings or additions to the existing buildings shall be constructed on the sites asked to be rezoned and no new parking constructed except as shown on attached site plans. Also included in this application are the names,addresses and tax numbers of the owner or owners of all lots or properties immediately adjacent to and immediately across the street or road from the subject property. Wherefore,your Applicants request that the existing proffered conditions be repealed as to the aforesaid properties in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted the 6th day of c7 eptenjbr,C,2012. Belleview Proffers to be Repealed 2012;Page 2 of 3 Applicants/Owners: DREW H. KEPLEY EVERETT HOLDINGS L.L.C. BY: [JA(Nf Aorn. ITS (J Page 3 of 3 EXHIBIT A rN THU COUNCIL OF THE CITY Or ROANOKE, Vit+C1NtA The 25th day of January, 1982. No. 25809. AN ORDINANCE to amend Suctions 96-3 and 36-4, Code of the City of Roanoke (1979) , ax amended, and Sheet Non. 404.and 405, Sectional 1976 Zone Map, City of Roanoke, in relation to Zoning, subject to certain conditions. WHEREAS, application has been mode to the Council of the City of Roanoke to have property fronting on the easterly side of Belleview Avenue, S.E., and the southerly side of Thyme Street, S.r. , described as a tract of land containing .65 acre. Official Tax Nu. 1050101, a tract of land containing 3.3 acres, Official Tax No. 4050102, Lots 4, 5 and G, Mock 7, Mill Mountain Court, Official Tax Nos. 4041901, 4041902 and 4041903, and tors 6 - 12, -inclusive, Block B, Mill Mountain Court, Officiel Tax Nes. 4041904 - 4041910, inclusive. rationed from NS-3, Singlo-Family Residantinl District, to C-1, Office and Institutional District; 4nd WHEREAS, the City planning Cunnnission has recnnnnendexl that the hereinafter described land be rezoned from RS-3, Single-P.m/1Y Rueidential District, to C-1. Office and Institutionai District; the said zoning to be subject to the conditions proffered by the applicant in its nddendum to application for rezoning; and '• ••••� •-• wow r an JGrvGC - 1 WHRRrAS, the written notice and the posted sign required to he published and posted, respectively, by section 36-541, Code of the City of Roanoke 119791 , as amended, relating to Zoning, have been published end posLcd as required and for the time provided by said suction; and WIIEHiAS, the heurinq as provided for in said notice was held on the 11th day of January, 1952, at 7:30 p.m., before the Council of the City of Roanoke. at which hearing all parties in interest -- and irens'werk given en opportunity to be heard, both far and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation° made co the Council and matters presented at the public hearing, is of opinion that the hereinafter described land rhould he rezoned as herein provided. THEREFORE, bE If OIkUATNEU by the Council of the City of Rnondle that Sections 36-) and 36-4, Code of the City at Roanoke 119791 , as amended, relating to toning, and Sheet Nos. 404 and 40s of the Sectional 1976 Zone Map, City of Roanoke, be amended In the following particular and no other, viz: Property Fronting on the easterly side of Oellevinw Avenue, S.E., and the noutherly side of Thyme Street, S.Y., described as 0 tract OC land containing .65 acre, Official Tax No. 4050101, a tract of Land containing 3.3 acres, Official Tae No. 4050102, Lots 4, 5 and 6, block 7, Mill Mountain Court, Official Tax Nos. VIRGINIA: IN THE COUNCIL OF TOR CITY OP ROANOKE IN RI: ADDRNDOM TO PETITION OF ROANORE ) OF LAND ASSOCIATION FOR THE REZONING ) 1 OF LAND IN THE CITY 07 RTax APPRAISAL ) VIRGINIA, DESIONATRD ON TAE APPNAISAL ) ADDENDUM TO I MAPS OF 740 CITY OF 4041901, AS 4041902,NUMBERS ) PETITION OF 4050102, 4060101, 4041901, 4041902, ) AOANORE HOSPITAL 9091809, 9091909, 4041905, 4041906, ) ASSOCIATION 1 4041907, 4041908, 4041909, AND 40(11910, FROM RS-3 DISTRICT TO ) t C-i DISTRICT ) TO: 702 COUNCIL OF THE CITY OF ROANORS, VIRGINIA: 4 The undersigned, Roanoke Hospital Association, owner o 1 the parcels of land set forth in the herein petition and addendum thereto, more particularly described hereinafter located in the City of Roanoke, Virginia, does hereby profit and consent agreeing that should the said parcels of land 1 be rezoned from Residential District R8-3 to C-1 Office and 1 Institutional District, that such zoning would be subject to the following conditions: 1. The °tieing structure on parcel designated on Tax i Appraisal Map 405 and No. 4050102 shall be used for meeting rooms, overnight guests and as a conference center in eon- nection with the hospital operations of your Petitioner. 2. The existing structure en parcel designated nn Tax Appraisal Map 405 as No. 4050101 shall be used for two apartments for medical residents and students of your 1 Petitioner. 3. The existing structure on parcele designated on Tax Appraisal Map 404 as Nos. 4011901, 4041902 and 4041903, Rw I together with Parcels Nos. 4041904. 4041903, 4041906, •..I. 4/41R07, 404190$, 4041900, and 4041910 lying to the rear I1 l and east thereof, shall be used for housing for medical residents and students of your Petitioner. 4. Site plans showing the above parcels with structures I thereon and parking available and to be constructed prepared by Sherertt, Franklin, Crawford 6 Shaffner are incorporated into the herein petition. 5. no new building° or additions to existing buildings shall be constructed on the sites asked to be rezoned and no BOW parking construct eE a ercep-t as shown on attached site - plans. Respectfully submitted, ROANOKE HOSPITAL ASSSOCIATI0�NJ Of cos el RASLEGROVE, DICKINSON, REA, SMELTSF.R 6 BROWN P. 0. Box 1218 Roanoke, Virginia 74006 Attorneys for Petitioner on aY 4 IlmaM , Anommmuir A MIMICICE i • 4041911, n 04)901 and 4011903, and Lots C - le, inch usivu, NLOCk 0, M111 Mountain Court, Official Tux Non. 4041904 - 4041910, inclusive, dealgna tad on .aiiee;c 404 and 405 of the Sectlona1 19]1, • Zone Nap, City of Roanoke, he, and is hereby changed from aS-3, Single-Family Rwsieenlial District, to C-1, office and lnxti tutional District, subject 1.0 the conditions proffered by and net forth in the addendum eo application for rationing, and • that Sheet Nos. 404 and 405 of the aforesaid map be changed in this respect. ATTEST; a.40- a J City Clerk N m o CL M j i 7 / fl 4 ra �w x C x7 raia '` e F t c t , t�s t: ., b.�'r. gyp'. , ,',v,.;.,.,\1 , °k a fi re a2 y.,',1',".h 1' e � ,g 4 '� FJI J . ae . `,.e....{ rt$, 9 cxJ yR°+ xv r,...:''' a /45�y ` 46Y ip 44 ' x a 3_ 1 � Y y's27.4.14:C 4 a P . � - - q F 1t 3W: 1 ? x 1 t YR +���e { dam" Ji t` i4s%, t t *('Ay'1.c 4, SSW ����y a �y at ` ` Pm 1 qi �V'"f V Fdx ���-y tT ) Ait$ to �� 4ie y l i u c ,� etP4}}� y,@ +� v nii $ c u �A bl� Cx ;. A f1,11",:',-1.;...„ce ' , 1, :,:. y } b tt( N a < o ` s,,:APO'‘(4�,t 4 ' . 1. yl f, y 1 , yx 4W t r� j 'St Gr ' ∎ r `, i sz t •Gv ! 41c. 1 ' s t 1øY1�d�r� o �� %$&I i2 T k'...14.;:.,..." .x' R : ""." a'44 "Ale kp 41;1 ti Oki vS.t '4 ( � ) AAA I ItF S1 `Mµ yt t \� T g 1 l'' ''*� a 'c ` h l' ael 7;Y q 74,, ' !.I°r f,e�`!p }ier c�' `� 1) J� \ n.1 -r li 1 y 1 I ' i .Thl t( f / / ' C i 1 1 1 " ) / ' 1 ec � ■ ti�t�l�x �,� � �� �` i � � ! I a, j N 1 � 5 / —.J 1 I s s a 1 X 1 .. 1 •4 y a^j �' t' 11151;1 'rt � I } i ;., r '-` '}dY�x° s P' j S @} � f ry �Y' " P{�^�y C tt '00.;',1\‘‘'';' ',' ' '' 1 '0-' R 4 J f eeF k � k' t iG l '' � S _ 7 T, kV 19d sy H�ut'7 i K �� Y 11S 3 t; 1'd L, �i ,; td > Aq�a `"ik �' � t' f�i J M 1 ' 4 t x� 6 �!� r fy � `�• --,,,,, ,,,2„,,,,,,,,•;/,/5 A t :R ^, . � h f� � � � i tql1/4 , a et� ii 1 ,efb4 I � iii ) � � njAr4�sy, s'� ' ti PY -•n f i / P 1 Wty a { y 5,{,3� i f �e — City of Roanoke-GIS Page l of EXHIBIT C ROANOKEVA Print Report I Full Detail Report I Close Window Property Information Card for EVERETT HOLDINGS LLC 2710 RICHLIEU AVE SW ROANOKE VA 24014 4 PARCEL INFORMATION Tar Number 4041905 Property Acres 0.1706 Properly Address 0 TOW ST SE av Zenine WA Lepel Denton LOT 14202 MILL AIiN CT PnIPerly Flerdd09 60 FeM Deed Reference 060014202 Deed Referene 2 CONV000000 Poverty Avg.Depth 15000 Feet Prey.Sole Dee 012Y1997 Proper Ares 1.131 Prey.Sale Price 0 Basement Ares WA Sae ors 08/160006 Lena Assessment 5600.00 Sob Price 192.000.00 anOrowvnenb S0.00 Owner Ev9E3T HOLDWGS LLC Taw $600.00 Address 2710 RICH LIEU AVE SW ROANOKE VA 24014 DISCLANMih The information contained on Cots page is NOT to be construed or used as a"legal description.' Map btorrnadon is beloved b be accurate but accuracy is not gua ed.My anon or omissions should be reported to the Cray of RoarlOke Enguteeftig Department.In no evens will the Cl 't of Roanoke be labia Jar any damages,including r from the data,lost profits,business intenugrakn,loss of business inkansbon or other pecuniary trap or the information I contains. htt p://gis.roanokeva.gov/rptDetail.cfmTmapmo=4041905 extemalais7l 6043561 iR5 t inn R/ann I LEGAL DESCRIPTIONS EXHIBIT D Proffered Conditions to be Repealed for five(5)properties identified as: Tax Map no.4041902— Lot 4A,Block 7,Riverland/Walnut Hills 1606 Belleview Avenue,S.E.(0.5860 acre) Tax Map no.4041904— Lot 6A,Block 8,Riverland/Walnut Hills Thyme Street,S.E.(0.1430 acre) Tax Map no.4041905— Lot 7,Block 8,Mill Mountain Court Thyme Street,S.E. (0.1706 acre) Tax Map no.4041906— Lot 8,Block 8,Mill Mountain Court Thyme Street,S.E.(0.1695 acre) Tax Map no.4041907— Lot 9,Block 8,Mill Mountain Court Thyme Street,S.E.(0.1749 acre) Owners/Applicants: Drew H.Kepley and Everett Holdings,L.L.C. Belleview Legal Description 2012 PROFFERED CONDITIONS TO BE ADOPTED—Revised October 12,2012 IN THE COUNCIL OF THE CITY OF ROANOKE,VIRGINIA Proffered Conditions for five(5)properties identified as: Tax Map no.4041902— Lot 4A,Block 7,Riverland/Walnut Hills 1606 Belleview Avenue,S.E.(0.5860 acre) Tax Map no.4041904— Lot 6A,Block S,Riverland/Walnut Hilt Thyme Street,S.E.(0.1430 acre) Tax Map no.4041905— Lot 7,Block 8,Mill Mountain Court Thyme Street,S.E. (0.1706 acre) Tax Map no. 4041906— Lot 8,Block 8,Mill Mountain Court Thyme Street,S.E. (0.1695 acre) Tax Map no.4041907— Lot 9,Block 8,Mill Mountain Court Thyme Street,S.E.(0.1749 acre) All of said parcels being zoned Mixed Use District with conditions—MX(c) TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The applicant hereby requests that the following proffered conditions be adopted as they pertain to the properties listed above(Official Tax Nos.404102, 404104,404105,404106 and 404107): 1. Properties of Tax Nos.4041905,4041906,and 4041907 shall be limited to Single-Family Detached Dwelling Residential Use as allowed by Mixed Use District(MX)Zoning only. 2. Property of Tax No. 4041904, shall be limited to Single-family Detached or Two- family Dwelling Residential Use as allowed by Mixed Use District(MX)Zoning only. 3. The property of Tax No.4041902 shall be limited to Residential Uses as allowed by the Mixed Use(MX)District Zoning and the following Commercial Uses only: a. Accessory Uses. b. Bed and Breakfast(limited to a maximum of eight(8)rooms for the entire parcel. c. Medical Clinic—to be further limited to psychologist,psychiatrist, social worker and similar medical office uses that do not require physical examinations or procedures only. d. General or Professional Offices. Belleview Proffered Conditions Comm 2012,Page 1 of 2 e. Live/Work units—limited to residential uses and the uses described in items a through d above. f. Mixed-use Building—limited to residential uses and uses described in items a through d above. g. All Commercial Use shall be limited to a total of not more than two thousand,five hundred(2,500)square feet of floor area for the entire parcel. 4. Vehicular access from Thyme Street to parking for the property at Tax No. 4041902 shall be limited to the two existing parking arress points. 5. The existing building at 1606 Belleview Ave. (Tax No. 4041902)shall remain in place. 6. The majority of the existing retaining wall running parallel to the street on the west side of 1606 Belleview Ave. (Tax Map No. 4041902) shall remain in place. 7. Any new buildings on all parcels shall be limited to thirty-five(35)feet in height as defined in the City Ordinance. 8. Any new retaining walls built on all parcels shall be limited to six(6)feet in continuous height. END VID 15/ 2 Belleview Proffered Conditions Comm 2012,Page 2 of 2 LIST OF ADJOINING PROPERTY OWNERS Proffered Conditions to be Repealed for five(5)properties identified as: Tax Map no.4041902— Lot 4A,Block 7,Riverland/Walnut Hills 1606 Belleview Avenue,S.E.(0.5860 acre) Tax Map no.4041904— Lot 6A,Block 8,Riverland/Walnut Hills Thyme Street,S.E.(0.1430 acre) Tax Map no. 4041905— Lot 7,Block 8,Mill Mountain Court Thyme Street,S.E.(0.1706 acre) Tax Map no. 4041906— Lot 8, Block 8,Mill Mountain Court Thyme Street,S.E.(0.1695 acre) Tax Map no.4041907— Lot 9,Block 8,Mill Mountain Court Thyme Street,S.E.(0.1749 acre) Owners/Applicants: Drew IL Kepley and Everett Holdings,L.L.C. ADJOINING PROPERTY OWNERS This following is a list of property owners who own property beside,behind or across the street from the subject properties noted above: CITY OF ROANOKE Official Tax Number Owner's Name and Mailing Address 4040816 Robin M.Matsumoto 1512 Hamilton Terrace,SE 1512 Hamilton Terrace, SE Roanoke,VA 24014 4040817 Brian S. Markham&Lee L.Markham 1602 Hamilton Terrace,SE 1540 Lafayette Boulevard,NE Roanoke,VA 24017 4040832 Arnold W.Brown&Jane W. Brown Belleview Avenue, SE 2234 Sourwood Street,NE Roanoke,24012 4040201 Roanoke Hospital Association 1815 Belleview Avenue, SE P.O.Box 50021 Roanoke,VA 24022 40401801 Kristen J. Spurlock 501 Linden Street, SE 501 Linden Street,SE Roanoke,VA 24014 Belleview List of Adjoining Property Owners 2012;Page 1 of 2 Official Tax Number Owner's Name and Mailing Address 4041802 Mary Teresa Roberts Life Estate 505 Linden Street,SE 505 linden Street,SE Roanoke,VA 24014 4041803 John P. Lane&Hao T. Lane 511 Linden Street,SE 511 Linden Street, SE Roanoke,VA 24014 4041804 B&B Billiards Investments LLC 515 Linden Street,SE 416 Campbell Ave. SW Roanoke,VA 24016 4041805 James R.Jackson&Wanda C. Jackson 519 Linden Street,SE 519 Linden Street,SE Roanoke,VA 24014 4041806 Hilarie W.Smith 523 Linden Street,SE 523 Linden Street, SE Roanoke,VA 24014 4041808 William E.McCray& Loveta C.McCray 529 Linden Street,SE 529 Linden Street,SE Roanoke,VA 24014 4041809 Dolores K. Moore 535 Linden Street, SE P.O.Box 18072 Roanoke,VA 24014 4041813 C.Douglas Corbin&Ana P. Corbin 1601 Ivy Street,SE 12165 Wexford Over. Roswell,GA 30075 4050101 Joanne P.Jones 1620 Belleview Avenue, SE 1620 Belleview Avenue, SE Roanoke,VA 24014 Belleview List of Adjoining Property Owners 2012;Page 2 of 2 • COMMONWEALTH OF VIRGINIA-STATE CORPORATION COMMISSION LIMITED LIABILITY COMPANY-ANNUAL REGISTRATION FEE ASSESSMENT NOTICE 2012 OMyrdh° °y On April 1,2012.the State Corporation Commission assessed against the limited liability company 141, fa, �; identified below an annual registration fee pursuant to§13.1-1062 of the Code of Virginia. as:al m ti es, z 4, Payment of the annual registration fee must be Legaglyeg by the Commission on or before June 30,2012 (the"due date")to avoid imposition of a$25.00 statutory penalty. Note:It the due date falls on a r s o3 ' weekend or scheduled holiday,your payment, if delivered by mad or m person,will need to be received m time for it to be processed on Of before the last business day that precedes the due date. Postmarks Cannot be considered and extensions of time cannot be granted. LLC NAME: EVERETT HOLDINGS,LLC SCC ID NO.: S157025-0 • 0373523 000033037 09SCCL 0122471 DREW H KEPLEY 2710 RICHELIEU AVE SW ROANOKE VA 24014 rl'4h'Ir1u1411111yurgdlr 11111dh911111yamIarpr s i a b This annual registration fee may be paid online at sccefile.src.virginia.gov. M tle kited dotty aarprw has not paid ea annum radfebn rw.anMor penalties assessed M any previous yer,dose amounts rnt included n the total amount due. it REGISTRATION FEE $ 50.00 Sea then the lute amount de M Y-'redl the=awe pea will be appeal sped the flea and prrllhit that hoe aaswdtepid fortis boat pared are as directed PRIOR YEARS BALANCE $ 0.00 by S 131-1061 at the Coda or Vert Felma bats*dement far the tote amount due add result b undocumented d the a ores mod b the caret par,erpaeaon ar the statutory penally and, Smelly, camelabon mdaror an al as limited Patty o°mlmys PENALTY $ 6 tits ysfsraae registration feearalpd In N a r blue to as ray d the 9Wd TOTAL AMOUNT DUE $ 50.00 mar&k Swann ps do dem the fled 4tMy canmenye adaaro r cents.01 adata°m In ironed business In Wads,ate case may be,we be automatically caaeld es of that day. See§13.1-10502 of the Cede at Wane for Oltenia limited cheesy oanpries and§131-1056.1 afore Code tor foreign*Mad lability companies. scow 40A o+ach Prone*Ca,pm Nom T.Raa4v, y 4 -- .•. 'X q 1 o� 6 i I : The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times cClic r-t MIWtaR*Y6± Official Tax map Nos. 404 1904, 4 04 1905, DREW H. KEPLEY AND EVERETT HOLDI NOIICE OF PUBLIC 4041906,and 4041907. DREW H. KEPLEY AND EVERETT HOLDI and preen. application new NEARING oaremoecopnlditlio is 2710 RICHELIEU AVE .n to to the limitation conditions is nearby v permitted uses to parking ROANOKE VA 24014 accordance wune lion and housing for medical 14.2306 of the Code of residents and students in Villnla,1950,as amended. association with hospital that on Monday,November uona per referenced 19,2012 at 7:00 p.m.In operations ylen and to prohibit the City Council Chambers, additional construction on REFERENCE: 88274763 4th Floor,Noel a Taylor the subject parcels. The Municipal Building,2151 proposed conditions 13153910 NPH-Everett Holdings chinch Avenue, s.W.,1 restrict use of the subject Roanoke.Virginia the City t 1 ®elemlly and Council for the City of lwo4emlly Ew.IImQa and Roanoke will bold a public certain commercingu State of Virginia hearing at Its regular restrict certain access nil City of Roanoke meeting on the question of m Street, and limit Y realigning new boundaries Thyme for the City's voting demollam new construction pn[In[U,and reducing the el cedaln new structures on dotal number of voting the subject parcels. The I, (the undersigned) an authorized representative remain property will zoning of the Times-World Corporation, which corporation In ermase , uses P P withi pthmutian uuse within these land use is publisher of the Roanoke Times, a daily catago rtes. <ertaln newspaper published in Roanoke, in the State of accomlal: group) P oaanom and Virginia, do certify that the annexed notice was living,Including certain Bed 9 Y a Breakfast:commercial. published in said newspapers on the following including certain medical offices and professional dates: offices and accessary:with I maximum density of one! dwelling unit per 2,500. square feet of lot area and ofmaximum floor area ratio 1.0. The comprehensive plan designates the property for mixed density residential use. The City/County of Roanoke, Commonwealth/State of proposed residential the Virginia. Sworn and subscribed before me this andp mmer`yl.of the clay of November 2012 . Witness my hand and tapniae tore/iewaln the official seal . available or the City Clerk, 11. Room 456,Noel C.Taylor Municipal Building, 215 \ Church Avenue, S.W.. _ a•.a. \„_ it - - Notary Public Roanoke,math+. . citizens may In interest on and ` , •.,. ur r, above date and be heard on V Y d✓) ^ ,,', the matter. If you are a \ parson wXn a disability who > v' needs accommodations for this hears please contact Q ` the City Clerk's Office.at -'Q: an PK - 2'' tee Thursday before the PUBLISHED ON: 11/02 11/09 z Q : datellfthdnearmg listed above. IEN under my hand this ,�[ �p� , 30th day of October,2012 Stephanie M.Moon,MMC Clark. • 'd,, vit1/1f ( ,Y,. (13153910) TOTAL COST: 658 .96 FILED ON: 11/15/12 + Authorized �.(� ���')////// Signature: �a*, J7Y � Jcf'(c24 Billing Services Representative NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Monday, November 19, 2012, 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: An application by Drew H. Kepley, on behalf of Drew H. Kepley and Everett Holdings, LLC, to remove all existing proffers pertaining to 1606 Belleview Ave., S.E., bearing Official Tax Map No. 4041902, and the tour unaddressed lots on Thyme St., S.E., bearing Official Tax Map Nos. 4041904, 4041905, 4041906, and 4041907, and replace them with new proffers. The application is to remove conditions related to the limitation of permitted uses to parking and housing for medical residents and students in association with hospital operations per referenced site plan and to prohibit additional construction on the subject parcels. The proposed new conditions restrict use of the subject parcels to single-family and two-family dwellings and certain commercial uses, restrict certain access off Thyme Street, and limit demolition and construction of certain new structures on the subject parcels. The zoning of the property will remain Mixed Use District, (MX), permitting, uses within these land use categories: certain residential; accommodations and group living, including certain Bed and Breakfast; commercial, including certain medical offices and professional offices; and accessory; with a maximum density of one dwelling unit per 2,500 square feet of lot area and a maximum floor area ratio of 1.0. The comprehensive plan designates the property for mixed density residential use. The proposed uses of the properties are residential and commercial. A copy of the (application/plan) is available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at 853-2541, before noon on the Thursday before the date of the hearing listed above. GIVEN under my hand this 30thday of October 2012. Stephanie M. Moon, MMC City Clerk. Note to publisher: Publish twice in the Roanoke Times on Friday,November 2, and Friday, November 9, 2012. Send affidavit to; Send Bill to: Stephanie M. Moon, MMC, City Clerk Drew H. Kepley 215 Church Avenue, S.W., Room 456 2710 Richelieu Avenue, S. W. Roanoke,VA 24011 Roanoke, Virginia 24014 (540) 853-2541 (540) 344-6664 AFFIDAVIT APPLICANT: Drew H. Kepley, on behalf of Drew H. Kepley and Everett Holdings, LLC, LOCATION: 1606 Belleview Ave., Thyme St., S.E, Tax Nos. 4041902, 4041904, 4041905, 4041906, and 4041907 REQUEST: Amend proffered conditions 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 28th day of September 2012, notices of a public hearing to be held on the 18th day of October, 2012, on the request captioned above to the owner or agent of the parcels as set out below: Tax No. Owner and Mailing Address 4040816 MATSUMOTO ROBIN M 1512 HAMILTON TER SE ROANOKE VA 24014 4040817 LEE LAWRENCE MARKHAM BRIAN SCOTT MARKHAM 1540 LAFAYETTE BLVD NE ROANOKE VA 24017 4040832 BROWN ARNOLD W & JANE W 2234 SOURWOOD ST NE ROANOKE VA 24012 4060201 % TAX DEPARTMENT ROANOKE HOSPITAL ASSN PO BOX 12385 ROANOKE VA 24025-2385 4041801 SPURLOCK KRISTEN J 501 LINDEN ST SE ROANOKE VA 24014 4041802 % MARY ROBERTS ROBERTS MARY TERESA LIFE ESTATE 505 LINDEN ST SE ROANOKE VA 24014 4041803 LANE JOHN P & HAO T 511 LINDEN ST SE ROANOKE VA 24014 4041804 B & B BILLIARDS INVESTMENTS LLC 416 CAMPBELL AVE SW ROANOKE VA 24016 4041805 JACKSON JAMES R & WANDA C 519 LINDEN ST SE ROANOKE VA 24014 4041806 SMITH HILARIE W 523 LINDEN ST SE ROANOKE VA 24014 4041808 LORETTA C MCCRAY WILLIAM E MCCRAY 529 LINDEN ST SE ROANOKE VA 24014 4041809 MOORE DOLORES K PO BOX 18072 ROANOKE VA 24014 4041813 CORBIN C DOUGLAS &ANA P 12165 WEXFORD OVERLOOK ROSWELL GA 30075 4050101 JONES JOANNE P 1620 BELLEVIEW AVE SE ROANOKE VA 24014 Other persons notified: Kathy Hill, President RiverlandNValnut Hills Neighborhood Organization 509 Arbor Avenue, SE Roanoke, VA 24014 Sandra Kelly 1216 Sylvan Road, SW Roanoke, VA 24014 Ron McCorkle 1721 Kenwood Blvd SE Roanoke, VA 24013 Rebecca Cockram SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virgin., is 28th day of Septe ber, 2012. Notary Public CANDACE R. MARTIN NOTARY PUBLIC Commonwealth of Virginia Reg.#262076 I My Commlm0lon Exdres !GO of CITY OF ROANOKE t } OFFICE OF THE CITY CLERK 1: ,, 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 JONATHAN E.CRAFT City Clerk Deputy City Clerk November 7, 2012 CECELIA T.WEBB Assistant Deputy City Clerk Drew H. Kepley Everett Holdings, LLC 2710 Richelieu Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Kepley: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, November 19, 2012, 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 Drew H. Kepley and Everett Holdings, LLC, to remove all existing proffers pertaining to 1606 Belleview Avenue, S. E., and four unaddressed lots on Thyme Street, S. E., and replace with new proffers. 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 November 19th public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, An �� . Yv tithe) Stephanie M. Moon, MMC City Clerk SMM:ctw Enclosure CITY OF ROANOKE ��91 OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 ,l-ice Roanoke,Virginia 24011-1536 -1 . RoaTelephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerk®roanokeva.gov JONATHAN E.CRAFT STEPHANIE M.MOON,MMC Deputy City Clerk City Clerk November 7, 2012 CECELIAT.WEDD 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, November 19, 2012, 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 Drew H. Kepley and Everett Holdings, LLC, to remove all existing proffers pertaining to 1606 Belleview Avenue, S. E., and four unaddressed lots on Thyme Street, S. E., and replace with new proffers. 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, /4-44QA"A'n; . n td Stephanie M. Moon, MME City Clerk SMM:ctw CITY OF ROANOKE y ' _ OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 rt-q• . `t Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: elerk@roanakeva.gov JONATHAN E.CRAFT City Clerk Deputy City Clerk November 20, 2012 CECELIA T.WEBB Assistant Deputy City Clerk Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32316 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 39544-111912 amending and reordaining Section 32-240, Levied: rate, Code of the City of Roanoke (1979), as amended, by establishing a new transient occupancy tax rate equivalent to eight percent, and providing for an effective date. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 19, 2012, and is in full force and effect on January 1, 2013. Sincerely, rely Stephanie M. Moon, MMC City Clerk Enclosure pc: Landon C. Howard, President, Roanoke Valley Convention & Visitors Bureau, (RVCVB), 101 Shenandoah Avenue, N. E., Roanoke, Virginia 24016 The Honorable Brenda S. Hamilton, Clerk, Circuit Court Rick Kahl, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Chief Magistrate, Office of the Magistrate Law Librarian Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Ann H. Shawver, Director of Finance IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of November, 2012. No. 39544-111912. AN ORDINANCE amending and reordaining §32-240, Levied; rate, Code of the City of Roanoke (1979), as amended, by establishing a new transient occupancy tax rate;providing for an effective date and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: I. Section 32-240,Levied; rate,of the Code of the City of Roanoke(1979),as amended, is amended and reordained to read and provide as as follows: Sec. 32-240. - Levied; rate. There is hereby imposed and levied on each and every transient a tax equivalent to seven (7) eight (8) percent of the total amount paid for room rental by or for such transient to any hotel. 2. This ordinance shall be in full force and effect as of January 1, 2013. 3. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTESST::,,",'',`'', City Clerk. Of K MEASURESACODE AMENDMENT TRANSIENT OCCUPANCY TAXI 1 2012 DOC CITY OF ROANOKE OFFICE OF THE CITY CLERK '" I!_' _ 215 Church Avenue,S.W., Suite 456 !.:" � -_r Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: clerk@roanokeva.gov JONATHAN K CRAFT City Clerk Deputy City Clerk CECELIA T.WEBB Assistant Deputy City Clerk November 20, 2012 Landon C. Howard, President Roanoke Valley Convention & Visitors Bureau, (RVCVB) 101 Shenandoah Avenue, N. E. Roanoke, Virginia 24016 Dear Mr. Howard: I am enclosing copy of Resolution No. 39545-111912 authorizing the negotiation, execution, implementation, administration, and enforcement of a joint agreement among the City of Roanoke, the City of Salem, Roanoke County, and Roanoke Valley Convention and Visitors Bureau (RVCVB) to provide additional funding to RVCVB to promote tourism in the Roanoke area; and authorizing the termination of the current agreement between the City of Roanoke and RVCVB dated July 1, 2012. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 19, 2012. Sincerely, Stephanie M. Moon, MMC City Clerk Enclosure pc: Kevin Boggess, City Manager, City of Salem, 114 N. Broad Street, Salem, Virginia 24153 Clay Goodman, County Administrator, County of Roanoke, P. 0. Box 29800, Roanoke, Virginia 24018-0798 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Ann H. Shawver, Director of Finance IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of November, 2012. No. 39545-111912. A RESOLUTION authorizing the negotiation, execution, implementation, administration, and enforcement of a joint agreement among the City of Roanoke, the City of Salem, Roanoke County, and Roanoke Valley Convention and Visitors Bureau (RVCVB) to provide additional funding to RVCVB to promote tourism in the Roanoke area; and authorizing the termination of the current agreement between the City of Roanoke and RVCVB dated July 1,2012. WHEREAS, by Agreement dated July 1, 2012, the City of Roanoke provides RVCVB funding in the amount of$781,251 to assist in the promotion of tourism in the Roanoke area. The City of Salem and the County of Roanoke also provide RVCVB with funding; and WHEREAS, RVCVB has requested that each locality grow the level of funding and contribute 3% of their respective Transient Occupancy Tax to RVCVB to promote tourism. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Roanoke, Virginia, as follows: 1. The City Manager is hereby authorized to negotiate, execute, implement, administer, and enforce a joint agreement, in a form approved by the City Attorney, among the City of Roanoke, the City of Salem, Roanoke County, and Roanoke Valley Convention and Visitors Bureau (RVCVB) pursuant to Section 15.2-1300, Code of Virginia (1950), as amended, to provide additional funding to RVCVB on terms, conditions and obligations substantially similar to the existing agreement dated July 1, 2012. 2. The City Clerk is authorized to attest such joint agreement. 3. Upon execution of a joint agreement among the City of Roanoke, the City of Salem, Roanoke County and RVCVB the current agreement between the City of Roanoke and RVCVB, dated July 1, 2012, will terminate. The City Manager is hereby authorized to execute such documents, in a form approved by the City Attorney, to effectuate such termination in accordance with this Resolution, all as more fully set out in the report to Council dated November 19, 2012. ATTEST: 1 City Clerk. se CITY OF ROANOKE rr..) ' OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 � - 1 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: alerk®roanokeva.gov JONATHAN E.CRAFT City Clerk Deputy City Clerk CECELIA T.WEBB Assistant Deputy City Clerk November 20, 2012 Ann H. Shawver Director of Finance Roanoke, Virginia Dear Ms. Shawver: I am attaching copy of Budget Ordinance No. 39546-111912 increasing the Roanoke Valley Convention and Visitors Bureau funding and Transient Occupancy Tax revenue budget estimates, and amending and reordaining certain sections of the 2012-2013 General Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 19, 2012, and is in full force and effect upon its passage. Siincerely,,4 \n Stephanie M. Moon, MMC City Clerk Attachment pc: Landon C. Howard, President, Roanoke Valley Convention & Visitors Bureau, (RVCVB), 101 Shenandoah Avenue, N. E., Roanoke, Virginia 24016 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Ann H. Shawver, Director of Finance Amelia Merchant, Director, Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of November, 2012. No. 39546-111912. AN ORDINANCE to increase the Roanoke Valley Convention and Visitors Bureau funding and Transient Occupancy Tax revenue budget estimates, amending and reordaining certain sections of the 2012-2013 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2012-2013 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Roanoke Valley Convention and Visitors Bureau 01-300-7220-3689 $ 225,200 Revenues Transient Occupancy Tax 01-110-1234-0225 225,200 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: �I """ City Clerk. Il no,,, CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 19, 2012 Subject Authorization of an Increase in the Transient Occupancy Tax Background: The City of Roanoke currently provides the Roanoke Valley Convention and Visitors Bureau (RVCVB) funding in the amount of $781 ,251 to assist in the promotion of the Roanoke Valley as a destination for visitors, including tourists, conventions, and special events. The RVCVB utilizes this funding as well as contributions by Roanoke County and the City of Salem to market the Roanoke Valley. The RVCVB has requested that the City of Roanoke, Roanoke County, and the City of Salem increase the amount of funding provided to facilitate enhanced marketing of the Roanoke Valley region to tourists and conventions. Considerations: The RVCVB has requested that each locality grow the level of funding and contribute 3% of its respective Transient Occupancy Tax to support enhanced regional tourism marketing by the RVCVB. The Transient Occupancy Tax for the City of Roanoke is currently 7%. The adopted FY 2012-2013 revenue estimate is $3,1 53,000. Each 1% of this tax is therefore estimated to generate incremental revenue of approximately $450,400 annually. The City has agreed to increase the Transient Occupancy Tax by 1%, effective January 1 , 2013, and allocate 100% of the FY 2012-2013 incremental revenue ($225,200) to the RVCVB for enhanced marketing of the Roanoke Valley region to tourists and conventions. In future years, it is the City's intent to devote funding equal to the full 1% tax rate increase to the RVCVB. The City of Roanoke has also agreed to grow base funding, over subsequent budget years, allocated to the RVCVB to a full 2% of the generated Transient Occupancy Tax, an increase of $119,600 above the adopted allocation of $781 ,251 . This increase would result in the allocation of a full 3% of the Transient Occupancy Tax to the RVCVB. The rate for the City of Salem has been increased from 7% to 8% effective January 2013. Base funding from Salem's rate increase will grow to a full 2% of the generated Transient Occupancy Tax over an undetermined period of time. Roanoke County increased its Transient Occupancy Tax from 5% to 7% effective January 2013. Roanoke County has agreed to grow base funding to a full 1% of its generated Transient Occupancy Tax over an undetermined period of time. The City of Roanoke currently has an agreement in place with the RVCVB for the provision of funding as adopted in the FY 2012-2013 budget. A multi- jurisdictional agreement would be entered into by each of the three localities and the RVCVB for the increase in funding for enhanced regional market efforts. The new agreement between the localities and the RVCVB will include performance measures to track results from the additional investment. Recommended Action: Amend the City Code (Section 32-240) of the City of Roanoke to establish a new transient occupancy tax rate of 8% and provide for an effective date of January 1 , 2013, for such new Transient Occupancy Tax rate. Authorize the City Manager to (i) negotiate, execute, implement, administer and enforce a joint agreement with the City of Salem, Roanoke County, and Roanoke Valley Convention and Visitors Bureau pursuant to Section 15.2-1300 of the Code of Virginia; to provide additional funding to Roanoke Valley Convention and Visitors Bureau on terms, conditions and obligations substantially similar to the existing agreement between the City of Roanoke and Roanoke Valley Convention and Visitors Bureau dated as of July 1 , 2012, and (ii) terminate the agreement between the City of Roanoke and Roanoke Valley Convention and Visitors Bureau dated as of July 1 , 2012, such termination to be effective upon execution of the joint agreement. Adopt the accompanying budget ordinance to increase the FY 2012-2013 revenue estimate for the Transient Occupancy Tax (01 -110-1234-0225) in the amount of $225,200 and appropriate the same amount to the Roanoke Valley Convention and Visitors Bureau (RVCVB) (01 -300-7220-3689) for enhanced regional tourism marketing efforts. Christopher P. Morrill City Manager Distribution: Council Appointed Officers 2 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times -441-AERK't?MW a.9F64662 OFFICE OF MANAGEMENT AND BUDGE 215 CHURCH AVENUE, W. , S ROOM 3 ROANOKE VA 24011 NBIICE OF PUBLIC REARING Notice is hereby given. pursuant. ,Code of Virginia REFERENCE: 80168435 (1950),as amended,that the City Manager proposes 13158991 NPH-Transient Occupa to recommend to transient occupancy tax State of Virginia 7%of the total amount City of Roanoke ,Increased to 8%,effective January li P011. A public hearing will be i I, (the undersigned) an authorized representative the Ci before f Roanokeelon Monday.November 19. of the Times-World Corporation, which corporation 2012 at 7:00 p.m.,Of as is publisher of the Roanoke Times, a daily soon aethereafter rd Inte newspaper ublished in Roanoke, in the State of Floor,,(Neem . Ta por p Moot Neel C. Taylor Virginia, do certify that the annexed notice was Churchalenue, LW. 9 Y Church Avenue, LW.. published in said newspapers on the following x°prropouar®<re'ase of theI dates: transient occupy w ras rare from T%to 9%effective aCiary1,201a. have the opportunity to abe heard and express the/opinions on this matter. if you are a person with a disability who needs City/County of Roanoke, Commonwealth State of accommodations ng. tacime Y/ Y / City Clark 'contam the Virginia. Sworn and subscribed before me this public 541r k 100 noon g onT Ursa,November 15, of November 2012 . Witness my hand and Thursday,xovamb.r l5, official seal . 2012 GI day under m er.hand(12 \ 5th day of N hanie M.3013. Stephan City Clerk. ■ lei_ Notary Public (13158991) ?' . PUBLISHED ON: 11/09 TOTAL COST: 172.24 Viii FILED ON: 11/15/12 + Authorized ' Signature: /////� I a_y/� 1 ' , Billing Services Representative The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times CITY OF ROANOICE MGMT & BUDGET 215 CHURCH AVE ROOM 354 ROANOKE VA 24011 REFERENCE: 10162983 13162418 VA ad 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, Conuuonwealth/State of Vir rQirq�ia. Sworn and subscribed before me this T'21ay of November 2012. Witness my hand and official seal- / //,' NOTICE OF PUBLIC HEARING pi,„ 77 / J1 L LA Notary Public Notice is hereby given,pursuant to Section 58.1-300],Code of Virginia 0950),a! 11�J`'/"/, amended,that the City Manager proposes to recommend to City Council that the current transient occupancy tax of 7%of the total amount paid for room rental be svvs �CENHF increased to 8%,effective January 1,2013. / A public hearing will be held before the Council of the CI of Roanoke or ZJ P 9 P ' NOI PP\I '�F9'' Monday,November 19,2012 at7:00p.m.,or as soon thereafter as the matter ma) • PUBLISHED ON: 11/1 0 ] ] 1 UBLG be heard in the Council Chambers,4th Floor,Noel C.Taylor Municipal Building PF G. #332964 1* C 215 Church Avenue,SW,Roanoke,Virginia,regarding a proposed Increase ofth, t* : hN1 \nM1551ON ¢] transient occupancy tax rate from 7%to 8%effective January 1,2013. te' pIR 0k$ 'V Citizens shall have the opportunity to be heard and express their opinions or 1. this matter. yc4 . Off,/VC c'TN� If you are a person with a disability who 5 -254&oy 12:00 for this publi, hearing,contact the City Clerks Office,853-2541,by 1290 noon on Thursday TOTAL COST: $274.98 November 15;2012. FILED ON: 08/15/12 GIVEN under my hand this 5th day of November,2012 "s Stephanie M.Moon,City Clerk Authorized ,./2x - , /( ry� r d / Authorize : tnic y " / Billing Services Representative otiftwir NOTICE OF PUBLIC HEARING Notice is hereby given, pursuant to Section 58.1-3007, Code of Virginia (1950), as amended, that the City Manager proposes to recommend to City Council that the current transient occupancy tax of 7%of the total amount paid for room rental be increased to 8%, effective January 1, 2013. A public hearing will be held before the Council of the City of Roanoke on Monday, November 19, 2012 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, regarding a proposed increase of the transient occupancy tax rate from 7%to 8% effective January 1, 2013. Citizens shall have the opportunity to be heard and express their opinions on this matter. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk=s Office, 853-2541, by 12:00 noon on Thursday, November 15, 2012. GIVEN under my hand this5th day of November , 2012. Stephanie M. Moon, City Clerk. L.All ORNIY DATA CIA CI Measures PUNT IC IIFARINU Notice Transient Occupancy Fax Increase 112012.doc Notice to Publisher: Publish once in the Roanoke Times on Friday, November 9, 2012. Send affidavit to; Send Bill to: Stephanie M. Moon, MMC, City Clerk Amelia Merchant, Director 215 Church Avenue, S.W., Room 456 Office of Management and Budget Roanoke, VA 24011 215 Church Avenue, S. W., Room 357 (540) 853-2541 Roanoke, Virginia 24011 (540) 853-6800 K:A Notices\20 12\NovembervNPn Transient Occupancy Tax Increase doc ortQJ gr �s; CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 19, 2012 Subject: Public Hearing - Voting Precinct Realignment Attached is a report from the Electoral Board, dated September 14, 2012, which outlines and summarizes the feedback from the general public received during five meetings held in various locations in the City during August, 2012 regarding the proposed realignment of voting precincts in the City. This information is shared with City Council as background to be considered in addition to public comment which will be received during City Council's scheduled public hearing to be held at 7:00pm on November 19, 2012. CHRISTOPHER P. MORRILL City Manager Attachment Distribution: Council Appointed Officers ELECTORAL BOARD CARL T.TINSLEV,512.215 Church Avenue,SW, Room 109 Chairman Air�� Roanoke,Virginia 240u F.GORDON HANCOCK PO Box 1095 Vice Chairman ROANOKE Roanoke,Virginia 24005 MELVIN E.WILLIAMS 540.853.2281 fax: 540.853.1025 Secretary September 14, 2012 Ms. Stephanie Moon, City Clerk Noel C. Taylor Municipal Building 215 Church Ave., SW, Suite 456 Roanoke, Virginia 24011 Dear Ms. Moon: The City of Roanoke Electoral Board, consisting of Secretary Melvin E. Williams, Chairman Carl T. Tinsley, Sr. and Vice-Chairman F. Gordon Hancock, and Registrar Lavern Shepherd are pleased to present to the Honorable Members of City Council our report regarding the Proposed Precinct Realignment Stop-In Sessions held by the Board and Registrar at Council's request. Also involved with this project were Tom Carr, Chris Chittum and other staff with the Department of Planning, and GIS Analyst Kennie Harris from the Department of Technology. These persons were very valuable and instrumental in brainstorming, planning and implementing the sessions. On August 2, 2012, Melinda Mayo, City of Roanoke Public Information Officer issued a press release announcing the five (5) Stop-In Sessions for all interested individuals and community groups. The sessions were scheduled in multiple locations to cover all quadrants within the City. Announcement of the sessions was aired by local television and radio stations. Additional efforts to notify citizens and interested groups were also undertaken. Mr. Robert Clement, Neighborhood Services Coordinator with the Department of Neighborhood Support of Neighborhoods for the City, assisted in sending mass email notification to neighborhood groups. Notifications were sent to the Mayor's Committee for Disabilities and to Blue Ridge Independent Living. Notification was sent to Brenda Hale, President of the local chapter of the NAACP, and to Bishop Edward Mitchell President of the local SCLC. Also, on August 11, 2012, Registrar Shepherd appeared on WTOY radio, by request, to speak regarding the proposed precinct realignment where she fielded telephone calls from listeners. Sessions were held from 4:00 pm until 6:00 pm. on the following dates and at the following places: Thursday, August 9, 2012, Monday, August 13, 2012 Jackson Park Branch Library Preston Park Recreation Center 1101 Morningside Street, SE 3137 Preston Avenue, NW Roanoke, Virginia 24013 Roanoke, Virginia 24012 3 persons attended 0 persons attended Tuesday, August 14, 2012 Thursday, August 16, 2012 William Fleming High School Raleigh Court Branch Library Auditorium 2112 Grandin Road SW 3649 Ferncliff Avenue NW Roanoke, Virginia 24015 Roanoke, Virginia 24017 7 persons attended 6 persons attended Monday, August 20, 2012 Noel C. Taylor Municipal Building 215 Church Ave., SW, EOC, Room 159 Roanoke, Virginia 24011 7 persons attended At each session informational boards were displayed to explain aspects of the proposed realignment, to include why realignment was being pursued, the effects on voters, how the realignment would be implemented, and maps were displayed detailing the current and proposed precinct layout. Computer-based maps were also present to allow citizens to look up their address or zoom in on a specific area of the City. At each session citizens were given the opportunity to submit written comments. The following comments were received: (1) Supportive because it saves money, better distributes machines and election officials. (2) Difference between going to Patrick Henry and Raleigh Court Elementary is no a big deal. (3) Session was very helpful, was not aware Virginians would receive new voter ID cards, especially in light of the new voter ID laws. (4) Got clarification on form of ID required and accepted. Very helpful to have meeting in library location - convenient. (5) Concern - 9 precincts have over 3,000 potential voters. One precinct has over 4,000 potential voters. (6) History has shown voter turnout in a presidential election has been high concern #5&6 leads to long lines at the polls and this may lead to voters not exercising their right to vote. (7) Major concern - Having only (fixed) amount of polling machines to vote on. Concern that there will be enough machines to serve more populated precincts. (8) What if voters are still in line at 7pm on election day? (9) Seems to make sense! (10) Just tell me where to go - I'll get there! (11) I'm alright with it! (12) Miss the sense of community, would've preferred a location in the neighborhood (13) Poll worker "election officials" likes the concept saves money, reduces burden on election officials. With this report the Electoral Board and Registrar Shepherd return the proposed plan to Council for it attention, with our full support and recommendation for approval as proposed. Respectfully, Carl T. Tinsley, Chairman, City of Roanoke Electoral Board F. Gordon Hancock. Vice-Chairman, City of Roanoke Electoral Board Melvin E. Williams, Secretary. City of Roanoke Electoral Board Lavern L. Shepherd, General Registrar. City of Roanoke cc: Honorable Mayor, David A. Bowers Honorable. Vice-Mayor, Court G. Rosen Honorable Councilwoman, Anita J. Price Honorable Councilman, William D. Bestpitch Honorable Councilman, Sherman P. Lea, Sr. Honorable Councilman. David B. Trinkle Honorable Councilman, Raphael E. Ferris Christopher Morrill, City Manager Sheman Stovall, Assistant City Manager, Operations Robert Townsend, Assistant City Manager for Comm. Develop. eget)Do4 NALE B- y Presentation to Roanoke City Council Subject: Reduction 32 City Precincts to 19 Monday November 19, 2012 Good Evening, Tonight I am here as the President of the Roanoke Branch NAACP. We do not support the tentative plan to reduce the Roanoke City Voting Precincts from 32 down to 19. This recent Election bore out our stated concerns that were expressed at the input session at William Fleming High School. It came to pass that Long Lines were experienced by to many Roanoke Citizens. Many working citizens had jobs to return too, they could not wait in line 2-3 hours to vote, putting their livelihood at risk. It is a Constitutional Right that citizens are afforded that right to vote with out undue distress. Generations before me had sacrificed too much for us to have this right. Handicapped and disabled persons were not tended to in a timely manner as assured that they would be, they had to suffer and be exposed to long lines. They did not receive prompt service inside polling sites or in drive through lanes. Poll workers were overwhelmed at numerous sites. There appeared to be few seasoned workers at various sites. There were disparities regarding allocations of check in machines and voting machines. The question plaques us, Why now and what are the true reasons for this pending reduction? The stated primary reason appears to be monetary, "We can save $ 10,000 dollars." That can be dispelled by the shear savings of$ 40,000 dollars by having the May Elections moved to November. Results from the 2010 Census: The Roanoke population stands at 97,032. The largest ethnic group is white- 60,042, Black- 27,256, Hispanic- 5,345 and combined others- 4,389. Voting population age 18 & older is 75,906. In the recent election the median registration rate for the predominantly A/A precincts was 70.2%, while the median for all other precincts was 82.1%. We harbor a concern related to: Cracking- dispersing a group of voters into several precincts to prevent them from reaching a majority. Packing- combining as many like minded voters into one precinct as possible to prevent them from affecting the outcome in other precincts. Stacking- when low income minorities are grouped together to create a perceived voting majority, but are placed in the same precinct as high income, who may be white, who turn out in greater numbers. It would be a disappointing thought that the A/A vote would be at risk for dilution and it would be a sad day in Roanoke if segregation for partisan advantage became the norm in this 6 time All American City. We implore you to reconsider this drastic reduction, going from 32 Voting Precincts down too 19. We would appreciate it, if exploration was given to a far less reduction bearing in mind that all the Citizens of Roanoke deserve a fair and equitable solution, with their well being given fast consideration. -W3 Good Evening Mr. Mayor and City Council 2 'A hours —that's how long it took me to vote on November 6, 2012. Most of that time was spent outside in the freezing cold. I was not alone though; hundreds of others had to endure the same or longer wait time and came with chairs and blankets. This should not have been a surprise to anyone on City Council or the Registration Office since the same thing happen 4 years ago, only then the check-in process on the day of the election was by paper and the time frame for the wait was over 3 hours. Back in May when I was voting for the Mayor and City Council I ran into a 20 minute delay at the check-in table with only 2 people in line in front of me, so I called the registration office and voiced my concern about the amount of time it took and the parking situation. To my surprise nothing changed for the November election and the same amount of people were working the polls. I know you are not going to get anymore voting booths, but if you are going to consolidate precincts to save money, please make sure you have enough people to work the polls. Consider paying the volunteers more for their training and the day of the elections, and then maybe you will get more volunteers. This is not a third world country and it should not be this difficult to vote. Especially when I have been told that precincts in the Grandin Road area had either no wait time or a wait time of no more than 15 minutes. Make this process fair for all of us. Thank You A n- X11�`�-- ,. CITY OF ROANOKE A - OFFICE OF THE CITY CLERK 1 � 215 Church Avenue,S.W.,Room 456 “, Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: derk"°roanokeva.gav JONATHAN E.CRAFT City Clerk Deputy City Clerk CECELIA T.WEBB Assistant Deputy City Clerk November 13, 2012 Ms. Marie Grewe 2428 Meadowbrook Road, N. W. Roanoke, Virginia 24017 Dear Ms. Grewe: This is to acknowledge receipt of your letter received in the City Clerk's Office on November 9, 2012, requesting that City Council reconsider the consolidation of the voting precincts due to the current wait time to vote and the lack of workers at the polls. Please be advised that a public hearing to hear the views of citizens in connection with the realignment of the City's voting precincts; and reduction of the total number of voting precincts within the City from thirty-three (33) to nineteen (19), will be held on Monday, November 19, 2012, at 7:00 p.m., in the Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W. Your request will be forwarded to City Council as a citizen comment for consideration at the abovementioned public hearing. Sincerely, . h11$3 Stephanie M. Moon, MMC City Clerk SMM:ctw pc: The Honorable Mayor and Members of Roanoke City Council, with attachment Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Ann H. Shawver, Director of Finance Lavern Shepherd, City Registrar 2428 Meadowbrook Rd NW Roanoke, Va . 24017 Nov. 7, 2012 Mayor and Council Members, Yesterday, I voted in the 18th Peters Creek precinct . It was a 2 hour wait to finally get to the voting station and the big hang-up was that there were only 2 registrars working . I realize that you have no direct control over the Election Board but perhaps you could use what influence you have state-wide to ease this situation. It is difficult to believe that money is such a factor after all the monies wasted on ads . Perhaps the Democratic and Republican National Committees could be prompted to direct monies to State Election Boards to help with funding for adequate staffing . The people whom were working at the 18th were pleasant and efficient, but just overwhelmed. Please do not think of consolidating districts until this problem has been thoroughly addressed. I have also contacted the local and state election boards . Yours truly, 44VLC2. y� 4'c�.✓� Ft) Marie Grewe '- di 6S ii Ti The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times NOIICL OF PUBLIC CITY OF ROANOKE CLERK'S OFFICE • HEARING 215 CHURCH 456 AVE SW Notice is hereby ve in accordance with Section ROANOKE VA 24011 24.2306 of the Code of Virginia,1950,as amended. that on Monday.November 19,2012 at 7:00 p.m,In the City Council Chambers. Mtunicipal Building Taylor 215 REFERENCE: 32143302 Church Avenue, S.W.. Roanoke,Virginia the City 13153920 NPH-Voting Precincts Council for the City Clitybof hearing at its regular meHlng n the question of State of Virginia aligning new boundaries for the, voting City of Roanoke precinc dreducing the total number of voting I, (the undersigned) an authorized representative precincts within the 3CIiy of the Times-World Corporation, which corporation nineteen (19) voting precincts. This public' is publisher of the Roanoke Times, a daily hearing is to gather information and Input from newspaper published in Roanoke, in the State of citizens regarding the Virginia, do certify that the annexed notice was proposed changes from the 9 Y Cloy Registrar.ges from mar published in said newspapers on the following o suitchgeand t suggested that dates: proposed to e iotnnmn the boundary voting precincts in the City Clerk's Office located on the 4th Floor of the Noel C. Taylor Municipal Building, Room 456.315 Church Avenue,S.W..Roanoke. Ivirglnla an /or on the City/County of Roanoke, / ',,Registrar's conduct another City Commonwealth/State th State of ,Council will conduct another Virginia. Sworn and subscribed before me this '.public hearing.pursuant to 'Section 24.2-306 the h('da of November 2012 . Witness my hand and Code Virginia,1950,as {{/t Y Y amended,prior to adopting official seal. any change to the City's voting precincts at a later - date. I Citizens to shall have the Notary Public opportunity _. express their opinions on finis matter. if you are a person with a disability atiions fo needs i publicnhearring,contact the wwtt U City Clerk's Office.8533541,by 12:00 noon `°�A �WC�C'/I/'i on Thursday,November 15, �v/ 4 '.Y+ . 2012. under my hand this PUBLISHED ON: 11/09 p !Ry. 30th day of October,2012. ?I- 'qFG UBC/C n4_ Stephanie M.Moon ai +v • 2`0M11413 64 : ■9 113153930) P/4 SS/ON : [ TOTAL COST: 237 .76 a'4l T{/ 6F��Q`p w FILED ON: 11/09/12 ,'into Authorized Signature: ` • �� I _ age , � , Billing Services Representative if 061 NOTICE OF PUBLIC HEARING Notice is hereby given, in accordance with Section 24.2-306 of the Code of Virginia, 1950,as amended, that on Monday,November 19,2012 at 7:00 p.m. in the City Council Chambers,4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia the City Council for the City of Roanoke will hold a public hearing at its regular meeting on the question ofrealigning new boundaries for the City's voting precincts; and reducing the total number of voting precincts within the City from thirty-three (33) to nineteen (19) voting precincts. This public hearing is to gather information and input from citizens regarding the proposed changes from the City Registrar. Citizens may review a map that contains the suggested changes and proposed boundary amendments to the City's voting precincts in the City Clerk's Office located on the 4th Floor of the Noel C. Taylor Municipal Building, Room 456, 215 Church Avenue, S.W., Roanoke, Virginia and/or on the Registrar's webpage. City Council will conduct another public hearing pursuant to Section 24.2-306 of the Code of Virginia, 1950, as amended, prior to adopting any change to the City's voting precincts at a later date. Citizens shall have the opportunity to be heard and express their opinions on this matter. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, 853-2541, by 12:00 noon on Thursday, November 15, 2012. GIVEN under my hand this30th day of October , 2012. Stephanie M. Moon, City Clerk. A CITY COI N(IL VOI➢-OPRI CINCTS PH NOH!E I I I)OC Notice to Publisher: Publish once in the Roanoke Times on Friday, November 9, 2012. Send bill and affidavit to; Stephanie M. Moon, MMC, City Clerk 215 Church Avenue, S.W., Room 456 Roanoke, VA 24011 (540) 853-2541 6'.NOIR ES 21112 ND%RMBFR•NPH-VOTING PREGWC6OOO COMMITTEE VACANCIES/REAPPOINTMENTS November 19, 2012 VACANCIES: Three-year terms of office to replace Eddie Wallace, Jr., Kae Bolling and Carl Kopitzke as members of the Mill Mountain Advisory Committee ending June 30, 2015; and the unexpired term of office of Richard Walters ending June 30, 2013. Three-year term of office to replace Jay Foster as a City representative of the Roanoke Valley- Alleghany Regional Commission ending June 30, 2015. Three-year term of office of Philip H. Lemon as a member of the Board of Zoning Appeals ending December 31, 2015. (Inasmuch as Mr. Lemon has served three consecutive terms of office, he is ineligible to serve another term.) Four-year terms of office of Chad Van Hyning, Lora J. Katz, Mark Futrell and Fredrick M. Williams as members of the City Planning Commission ending December 31, 2016. Unexpired term of Jeffrey Rakes as a member of the Board of Trustees, City of Roanoke Pension Plan ending June 30, 2013. Unexpired term of Scott I. Burton as a member of the Roanoke Arts Commission ending June 30, 2014.